1. (male narrator)
In the criminal
justice system...
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2. the people are represented
by two separate
yet equally important groups:
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3. The police
who investigate crime...
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4. and the district attorneys
who prosecute the offenders.
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5. These are their stories.
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6. What the hell kind of flavor
is coco pinada?
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7. My wife brings it home.
I like it.
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8. What ever happened
to ginger ale?
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9. I don't know, Dad.
What ever happened
to sarsaparilla?
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10. (Greenberg)
Damn!
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11. (Jarvis)
Signal 10-24. Female down.
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12. (Montoya)
Ave Maria! Geez! Oh, no!
927, West 104.
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13. Oh, man! He ran in there.
You catch the bastard, there.
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14. What's he look like?
Like you. A white guy
with a gym bag.
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15. Stay here!
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16. (Briscoe)
So you never saw
the guy running?
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17. (Greenberg)
No, there was
a truck in the way.
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18. But a witness saw him
run into the garage.
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19. And you chased him in there?
I did, but the back's
a dead end.
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20. And you never saw anybody
drive out?
No one drove out.
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21. Witnesses?
Mr. Montoya.
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22. If you'd have ran faster,
you'd have him.
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23. He don't run too fast for me.
You ought to make me the cop.
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24. You stay here.
You shut up.
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25. Mike, what do you got?
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26. Meet Ashita Khan. She's
32 years old, she's got
a Musicians Union card...
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27. she's got $45 in her
pocketbook, and she's got
a shotgun blast in her chest.
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28. Last Monday, about 6:00 p.m.,
that grocery clerk,
the same thing...
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29. what, about
three blocks from here.
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30. Look at that bag, Lennie.
That's the same market.
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31. Maybe the guy got upset
'cause they weren't giving out
green stamps anymore.
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32. (Greenberg)
They saw the guy, too.
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33. He was only about 30,
but he had manners,
I thought.
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34. He said hello to me
and then he pulled
his rifle out of his bag.
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35. It was so loud,
my ears are still ringing.
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36. I told you he's here.
I call 911 six times
this morning.
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37. Who? You know the guy?
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38. You pray, you know
the enemy of God.
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39. Satan? El diablo?
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40. He live.
Great, let's book him.
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41. I don't think so. This guy
knows the neighborhood.
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42. Satars not a local.
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43. They're both shot
on the street.
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44. There's no robbery,
there's no warning.
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45. A Haitian teenager
and a woman from India.
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46. Welcome to America.
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47. The same weapon.
Shotgun.
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48. So we don't count on
Ballistics for a match.
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49. Well, there were no shells
on the ground.
So that means what?
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50. Either the shooter
picked them up,
or it's a breech-load.
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51. Or it's two breech-loads.
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52. It's possibly the most
common weapon in the country.
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53. Duck country.
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54. Van Buren.
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55. Thanks. The husband's here.
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56. (Khan)
Ashita and I...
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57. we moved to the neighborhood
about five years ago.
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58. It was once a very fine area,
you know.
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59. The realtor said
it was coming back.
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60. When was the last time
you spoke to your wife?
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61. This afternoon.
She was leaving
for a rehearsal.
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62. The Wennegren Chamber
Orchestra. She played
the cello, you know.
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63. She said she was gonna pick up
dinner at Webb Market.
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64. Webb Market. That's where
Hector Duvall worked.
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65. A boy was shot last week.
He was a cashier there.
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66. I read about it.
I didn't know
he worked there.
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67. Your wife ever
mention him to you?
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68. A cashier? Why?
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69. Can you think of anybody
who might have wanted
to hurt her?
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70. Of course not.
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71. Nobody.
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72. Last...
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73. Last week we found out
we were gonna have a baby.
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74. Shotgun wounds,
the gurs usually
a street sweeper.
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75. Drug cowboys love them.
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76. The hole in the womars chest
was five inches across.
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77. Then it wasn't a sweeper
unless the shooter
was standing a block away.
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78. He wasn't. The woman
was standing here
when she was shot.
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79. And some of the shot
passed across her shoulder
and hit the wall.
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80. We triangulate back from
the edge of the spread
patterns on the wall...
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81. and on the body.
The shooter was here.
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82. That's a wide spread
for that close.
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83. Exactly. Unless the barrel
was sawed-off.
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84. What about Hector,
the cashier?
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85. Number 5 goose shot.
Old paper shells.
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86. Same as the woman.
Plus the same pattern,
the same spread.
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87. Amazing coincidence?
Or the same gun.
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88. And I saw the same ammunition,
similar spread,
two weeks ago in Harlem.
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89. The late, unlamented
Ruben Calzada.
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90. (Logan)
Yeah, okay.
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91. Calzada was a sidewalk lookout
for a crack house.
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92. The 72 has his murder
listed under "Solve After
the Next Ice Age."
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93. If the Indian cellist
was on the pipe, her husband
forgot to mention it.
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94. If she had
a special relationship
with Hector Duvall...
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95. he forgot
to mention that, too.
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96. Maybe Duvall had
a part-time job
with Calzada.
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97. Maybe Calzada shopped
at Webb's Market.
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98. Maybe it's time to buy
a quart of milk.
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99. All right, his name's
Calzada, Ruben.
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100. Now, you ever seen him
around Hector Duvall?
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101. I don't think so.
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102. What about her?
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103. She's a nice lady.
She shops here.
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104. But you won't believe
how many coupons she brings.
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105. Was she friendly with Hector?
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106. Hector worked and he studied,
then he worked,
then he studied.
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107. He just got into Columbia
on a scholarship.
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108. No drugs ever?
Girlfriends?
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109. My friend Samantha
thought he was cute.
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110. Practically tackled him
one day after work.
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111. And he almost broke his ankle
running away
to do his homework.
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112. The kid's a Boy Scout,
the Indian lady's a saint.
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113. No hanky-panky there.
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114. She and her husband held hands
in the elevator.
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115. And the drug dealer?
A drug dealer.
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116. Killed by the same ammunition,
probably the same gun.
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117. Give me a connection
between the victims, please.
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118. There might not be one.
Then we're really in trouble.
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119. Get all the witnesses in.
I'm calling Olivet.
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120. It was a Giants cap.
White guys
all root for the Giants.
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121. Is that the face?
The nose was wider.
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122. And the chin.
The chin was longer.
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123. Not that long.
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124. The old lady
keeps trying to make him
look like Liberace.
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125. One thing they all agree on:
He was white.
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126. And he wore a cap.
Giants, Mets,
Green Bay Packers.
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127. Get me every report you have
on the victims. Crime scenes,
forensics, photos.
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128. I'll send it
to Behavioral Sciences
in Quantico.
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129. We don't need
the FBI to show us
how to handle a homicide.
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130. Three homicides,
seemingly random.
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131. If you've got a serial killer,
the connectiors in his mind.
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132. Serial killer?
We don't know that.
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133. Then explain this to me.
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134. Okay, maybe.
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135. Bring the Feds in, it'll
take us a week to show them
how to use the subway.
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136. Their psychological profiles
helped catch Bundy
and Shawcross up in Rochester.
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137. Yeah. They had David Koresh
all figured out, too.
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138. You got any suggestions
what we do while
the geniuses work?
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139. Start the drill.
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140. You guys, 106th Street.
From Amsterdam to the park.
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141. You two, Broadway.
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142. Every lamppost, every wall.
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143. Have the supers hang them
by the mailboxes.
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144. Fellas, we're collecting
white guys with caps.
You wanna join the party?
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145. We'll find our own.
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146. Anybody interested?
No, they all work here,
they got jobs here.
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147. We're taking names
and addresses.
All right.
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148. The uniforms looked for
the guy over by
this fire escape.
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149. But there's another door
back there that leads
to a passageway...
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150. goes all the way through
to 103rd Street.
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151. That's how
the shooter got away.
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152. You were here?
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153. Yeah. For about three years
when I was a kid.
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154. You could steal a comic book
from that drugstore...
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155. and be skipping down
103rd Street...
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156. before the old guy
at the counter
even knew you were gone.
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157. I was interested
in the criminal mind
even then.
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158. Well, if the shooter knew
about your passageway,
maybe he grew up here, too.
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159. So that would make him Irish?
Jewish?
Yeah.
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160. That's what it was
when I was here.
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161. Everybody worked
60 hours a week,
nobody had a nickel.
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162. Same as today, except now
they're black and Spanish.
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163. Yeah. New York City.
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164. You don't like
the neighborhood?
Wait 10 minutes.
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165. Havert seen him.
What's he drink?
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166. If we find him, I'll ask.
I hope it's Bordeaux.
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167. When this neighborhood
was about to go up
a few years ago...
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168. I laid in a stock
of the best French wines.
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169. Sounds exciting.
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170. The characters that moved in
only want the latest flavor
wine cooler.
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171. Peach Parfait. $1.19.
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172. Well, you sell
enough of those,
what's the difference?
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173. The difference?
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174. I'm standing here wondering
which of my customers...
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175. is gonna come in some night
and blow me away.
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176. dd
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177. No, I don't think so.
I took out
the Mantovani section.
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178. And replaced it
with masterpieces
like this?
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179. Well, myself, I still like
early Billie Holiday,
anything by Bach.
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180. But I give the people
what they want.
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181. Now, my best customers,
white kids
from Central Park West.
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182. Their dads are all dentists.
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183. Any song about blowing away
cops, nothing personal,
they buy me out.
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184. Explain it to me.
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185. Too much violence
on television.
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186. White people don't
cash their checks here.
They got banks.
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187. There are a few
poor white people.
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188. Bring one in.
I'd like to meet him.
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189. Gonna be a long day.
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190. There were two weeks
between
the first two killings...
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191. two days
between the second two.
He's speeding up.
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192. Unless there were killings
after the first one
that you haven't detected.
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193. New York's a tough town...
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194. but we usually notice
when pedestrians
get whacked by a 12-gauge.
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195. Most of the time.
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196. Let me run you through
the baby steps
on a killer like this:
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197. He looks like the most
normal person in the world.
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198. He has trouble
with personal relations.
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199. He'll get an ego boost by
killing again while the police
are still looking for him.
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200. So we all go home
and wait for him
to tire himself out?
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201. No, you just might be
smarter than he is.
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202. You want to help us out
or just give us an IQ test?
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203. The choice of weapon
is interesting.
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204. We're checking
recent shotgun purchases.
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205. Don't bother. If he bought
a new weapon for this...
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206. he would not have bought
a breech-loading 12-gauge. No.
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207. He's using something
that's been sitting
in a closet someplace.
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208. (Briscoe)
So he's a hunter?
Or his father.
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209. We're doing what we can
with hunting licenses.
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210. We think he's between the age
of 35 and 40.
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211. Our witness said 30.
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212. Mrs. Whitney? The elderly
tend to underestimate age.
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213. He's acting out a grudge
against a group...
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214. because of something
that happened to him.
Either real or imagined.
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215. Checking Webb's Market,
fired employees,
customers with complaints.
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216. Calzada was Dominican,
Duvall Haitian, Khan Indian.
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217. And they all had dark skin.
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218. So a guy who has a beef,
real or imagined, against
foreigners, non-whites...
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219. or a supermarket.
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220. Dealer's choice?
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221. The next victim
will narrow our focus.
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222. The 49's sending over
10 guys.
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223. Twenty blocks,
one on each side,
we need at least 80.
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224. And no Irish beat-walkers
in drip-dry suits.
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225. We want blacks, Hispanics,
women, people who
look like kids.
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226. Is the department gonna
go for this? They won't
even spring for felt-tips.
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227. You organize the bodies,
I'll worry about the money.
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228. dd
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229. (man)
Turn that music down!
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230. Let me get your
windshield here.
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231. Van Buren,
the block's still covered.
Can you spot them?
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232. Ours, ours...
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233. ours.
The lady's three for three.
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234. Maybe I'll break out
my fishnets, spiked heels...
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235. and give someone
the night off.
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236. (officer)
Unit 12, come in.
Unit 12.
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237. 10-24 shots fired.
111 and Broadway.
Ambulance on the way.
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238. He's a lucky man, Mr. Jackson.
He caught a load of bird shot
in the back...
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239. a couple of fliers
just missed his heart,
one nicked his kidney.
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240. He must've turned and run
when he saw the gun.
It's good instincts.
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241. Yeah, most people
freeze and die.
We need to talk to him.
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242. The mars just out of
emergency surgery.
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243. We're chasing
a serial killer, Doc.
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244. There he is.
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245. (Briscoe)
Mr. Jackson, Detectives
Briscoe and Logan...
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246. New York Homicide.
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247. Can you tell us
what happened?
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248. He asks me:
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249. "How do you like
the neighborhood?"
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250. Then he took a double-barreled
out of a bag.
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251. I took off.
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252. 761st Battalion,
D-Day, Omaha Beach...
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253. I saw what happened to people
who didn't break for cover.
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254. Did you happen
to get a look at his face?
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255. It was dark.
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256. He had a cap.
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257. But I'd know his voice.
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258. Jackson was born in Albany,
he shops at the A&P,
but he's black.
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259. So it's racial and linked
to a particular territory.
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260. The shooter asked Mr. Jackson
how he liked the neighborhood.
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261. Now, a witness
to the Calzada killing said...
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262. he thought the shooter said,
"Have a nice day."
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263. But when we talked to him
again he said...
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264. it might have been,
"Welcome to the neighborhood."
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265. Calzada was shot in Harlem,
the others were
upper West Side.
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266. Yeah, but the place
where Calzada was shot
used to be a movie theater.
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267. Now when I was a kid up there,
we considered that
part of the neighborhood.
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268. He knows the area, considers
it his, something bad
happened to him there.
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269. Find something good
that happened.
That'll be news.
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270. (Bishop)
He's irrationally blaming
all people with dark skin.
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271. He's paranoiac in general,
probably has a history
of feuding with neighbors.
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272. He'll talk to someone
about his obsession.
His wife, whoever.
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273. He'll seek social support.
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274. (Olivet)
Maybe regulars
at a neighborhood bar.
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275. A bar where white guys
make racist remarks?
Can't be too many of those.
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276. He might seek the literature
of a white supremacist group.
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277. The Bureau has mailing lists.
I'll get you a sort
on the New York zip codes.
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278. There's not much doubt
he'll kill again.
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279. None.
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280. Any of the names
match our lists?
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281. I fed in black on white
crime victims from
the upper West Side...
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282. the reports from your street
canvassing, hunting licenses
from nearby counties...
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283. 18 hits.
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284. Thomas Jones,
subscribes to Aryan News...
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285. assaulted two years ago.
He's 88.
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286. Never too old
to be a bigot.
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287. George Ferguson, muggee.
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288. From the street canvass,
two winners in Brooklyn
and Queens.
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289. You got your passport?
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290. Thanks.
Sure.
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291. We know you've been
in that neighborhood, Kevin.
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292. These dead people,
they were niggers?
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293. You got a problem
with black people?
What do you think?
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294. (O'Connor)
Kevin, what's going on?
Who are you?
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295. I'm Det. Logan,
this is Det. Briscoe.
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296. Is this boy your son?
I'm Kevirs mother.
What do you want?
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297. We're talking to people who
are on the mailing lists...
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298. of white supremacist groups.
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299. Why? What's it to you?
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300. They're asking
about some niggers
that got shot, Ma.
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301. Oh, yeah? Well,
we've been crying
our eyes out.
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302. Look, we happen to believe
white people have the right
to stand up for themselves.
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303. There's no rule against that.
Let's go inside.
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304. But we do need to know
where Kevin was last night.
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305. He was at church.
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306. On a Tuesday?
Choir practice.
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307. 8:00 to midnight. You
wanna check? There's 40
God-fearing witnesses.
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308. Come on.
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309. George Ferguson?
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310. Now, why would
a black guy subscribe
to White Power World?
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311. Identity crisis?
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312. Robert Nelthropp's
forwarding phone number
is in North Dakota.
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313. I'm sure he'll be
very happy there.
Who's next?
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314. Arthur Tunney, Rego Park.
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315. Interviewed on Broadway
two days ago
in a Giants cap.
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316. In my eyes, it could be him
and it could be you.
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317. So where'd he move to?
He didn't say.
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318. You know where
he moved here from?
I still get mail for him.
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319. Some of it's forwarded
from an address in Manattan.
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320. I been saving it,
in case he calls.
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321. All right, the address,
the upper West Side?
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322. Yeah, I think so.
I'll go get it for you.
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323. Tunney? Sure,
he used to live here
with his mother.
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324. Where is he now?
I don't know.
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325. He was here
a couple of days ago
with his sister.
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326. They were clearing out
the rest of
the old lady's stuff.
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327. Did they go
to Florida?
You don't know?
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328. The old lady, she was taking
a walk to the park, maybe
three, four months ago.
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329. Broad daylight,
kids snatched her bag,
knock her down...
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330. she hit her head,
they left her to die. Scum.
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331. We have a Tunney
on our victims list?
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332. Her name's Waters.
Second marriage.
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333. These kids,
what racial persuasion
were they?
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334. Come on, look around.
They weren't Eskimos.
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335. You got the sister's name?
Yeah.
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336. (Mary)
I begged her to move
somewhere safer...
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337. but she lived in that
apartment 53 years.
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338. The neighborhood was her life.
She wouldn't leave.
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339. My brother-in-law hated it
there. He moved back in
with her to protect her.
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340. Have you found
the African-Americans
who killed my mother?
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341. That's why we needed to talk
to your brother.
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342. What can he tell you
you don't already know?
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343. Well, we might have missed
something before.
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344. He's on West End Avenue, 1410.
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345. What?
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346. (Logan)
She knew we weren't there
about the mother.
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347. (Briscoe)
Well, the husband didn't know.
Or he didn't care.
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348. You wanna call for backup?
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349. No, let's just do it.
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350. And get a 12-gauge hello?
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351. Hey. Cap, bag.
Close enough.
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352. Arthur Tunney?
Yeah?
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353. All right, get your hands up
on the roof. Spread your legs.
Don't move!
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354. Wheeling out
the welcome wagon
again, Artie?
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355. It's number four, I think.
Take your time, Mrs. Whitney.
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356. She made her call.
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357. Yes, it's four. I think.
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358. Thank you, Mrs. Whitney.
Come on, Mrs. Whitney.
Right this way.
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359. (Logan)
Mr. Montoya, step right up.
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360. Mr. Montoya, I want you
to look at these people
very carefully.
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361. (Montoya)
Number three.
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362. Or one.
Definitely three or one.
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363. Good choices.
I'll take my client
home now.
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364. He's got
one more audition.
Copy !req
365. (Logan)
Number one:
Copy !req
366. (man #1)
How do you like
the neighborhood?
Copy !req
367. Number two:
Copy !req
368. (man #2)
How do you like
the neighborhood?
Copy !req
369. Number three:
Copy !req
370. (Tunney)
How do you like
the neighborhood?
Copy !req
371. Play that one again.
Copy !req
372. Number three:
Copy !req
373. How do you like
the neighborhood?
Copy !req
374. That's it. That's him.
That's the man that shot me.
Copy !req
375. So, I have a shotgun.
Copy !req
376. Ever hear of the Constitution?
The right to bear arms?
Copy !req
377. Does the Constitution
give you the right
to shoot people?
Copy !req
378. Black people?
Copy !req
379. Well, as a matter of fact,
the Constitution says...
Copy !req
380. they're only worth
three-fifths of a white man.
Copy !req
381. Mr. Tunney, I advise you
to remain silent.
Copy !req
382. It's okay, we're talking about
the Constitution.
Copy !req
383. Article One, Section Three.
Look it up.
That article's been amended.
Copy !req
384. Progress.
Copy !req
385. It's not always
a good thing.
Copy !req
386. And the old neighborhood
really went to hell
with itself, didn't it?
Copy !req
387. Yes, it did.
And I don't see you people
doing anything about it.
Copy !req
388. And so you decided to do
some cleaning up on your own.
Copy !req
389. When I said "you people,"
I was talking about the white
lackey power structure.
Copy !req
390. I didn't mean you people.
Copy !req
391. You people have done plenty.
Copy !req
392. Made the neighborhood
a wonderful place...
Copy !req
393. if you like living in Nairobi
or wherever it is you're from.
Copy !req
394. I'm from Brooklyn, Mr. Tunney.
Copy !req
395. You've done
a nice job there, too.
Copy !req
396. Mr. Tunney, this isn't
doing you any good.
Copy !req
397. You are, Miss Levinson?
Copy !req
398. Your public defender advice
is worth everything
I'm paying for it.
Copy !req
399. I will be dispensing
with your services soon.
Copy !req
400. What are you gonna do, Tunney?
Get a lawyer in a white sheet?
Copy !req
401. Don't you see what's happening
in this country?
Copy !req
402. Don't you want to see?
Copy !req
403. (clerk)
"Docket number 87345,
People v. Arthur Tunney.
Copy !req
404. "Three counts of murder
in the second degree...
Copy !req
405. "one count of attempted murder
in the second degree."
Copy !req
406. I see a defendant.
Do I see an attorney?
Copy !req
407. Your Honor, I've just
been engaged to take over
Mr. Tunney's defense.
Copy !req
408. Always a pleasure, Mr. McCoy.
Mutual, Judge.
Copy !req
409. Not guilty.
Copy !req
410. On all counts, I assume.
Miss Kincaid?
Copy !req
411. In view of the heinous nature
of the crimes, Your Honor...
Copy !req
412. the People request
that Mr. Tunney be held
without bail.
Copy !req
413. However heinous the crime,
Mr. Tunney is not.
Copy !req
414. He has a job,
he has roots
in the community...
Copy !req
415. the police have overreacted
to public outrage...
Copy !req
416. by precipitously arresting
an innocent man.
Copy !req
417. (Pongracic)
If you wanna argue
the evidence, Mr. McCoy...
Copy !req
418. write me a brief.
Copy !req
419. Defendant remanded
without bail.
Copy !req
420. You're not concerned?
Copy !req
421. He wasn't off the bus
at Rikers 20 minutes,
and he's viciously stabbed.
Copy !req
422. A vicious, superficial cut.
Copy !req
423. And he's under very good guard
at the prison hospital.
Copy !req
424. While every young blood
in the yard
is sharpening his spoon.
Copy !req
425. He'll be protected.
Copy !req
426. The only way to assure that
is to drop your opposition
to my motion for bail.
Copy !req
427. Then he'd be safe
and nobody else would.
If he's your killer.
Copy !req
428. I've seen stronger evidence
that Eisenower
was a communist.
Copy !req
429. Please, you're not gonna
take a chance with this guy.
Copy !req
430. He's out killing
innocent people.
Copy !req
431. In the eyes of the law,
I believe Mr. Tunney
is an innocent person.
Copy !req
432. Unless you've already had
a trial and convicted him
without inviting me.
Copy !req
433. No, Horace. We wouldn't
think of having a trial
without inviting you.
Copy !req
434. Horace McCoy is a member of
the Harlem Defense League...
Copy !req
435. now he's defending
a racist killer?
Copy !req
436. Yeah, well, someday a rapist
may be lining up to hire you.
Copy !req
437. Yeah, but what's in it
for him?
Copy !req
438. Don't worry
about his motivation.
Worry that he can win.
Copy !req
439. We've got an eyewitness
and a weapon.
Copy !req
440. We've got an ear-witness
and a generic shotgun.
Copy !req
441. And we can show a revenge
motive. Two black teenagers
killed his mother.
Copy !req
442. Yeah, wonderful.
Copy !req
443. First, he gets sympathy,
then he trots out McCoy
to show he's not a bigot.
Copy !req
444. That's why he hired him.
Copy !req
445. Tunney is running amok.
He's killing innocent people.
Copy !req
446. You wanna deal him?
No, sir.
You've got to convict.
Copy !req
447. Or every crime victim
in the city launches himself
as Captain Vengeance.
Copy !req
448. But if Tunney casts himself
in that role, maybe
he's proud of what he did.
Copy !req
449. He brags to the world
about it, hangs himself.
Copy !req
450. You think we can get him
to take the stand?
Ask him.
Copy !req
451. (McCoy)
Unless you're offering
your services...
Copy !req
452. as Mr. Tunney's bodyguard...
Copy !req
453. I don't see the reasons
for this meeting.
Copy !req
454. I took another look
at your evidence.
Copy !req
455. Based on your
ballistics report alone...
Copy !req
456. you should have indicted
half the duck hunters
in the state.
Copy !req
457. Well, Horace, we have
looked at the evidence...
Copy !req
458. and we think there's
extenuating circumstances.
Copy !req
459. The brutal death
of your mother, Mr. Tunney.
Copy !req
460. They got her.
Not another word.
Copy !req
461. Used to be
a nice neighborhood,
until these people...
Copy !req
462. You ever hear
of the Sixth Amendment?
Copy !req
463. Mr. Tunney has a right
to counsel. He also
has a right to be heard.
Copy !req
464. Don't you love watching
a black lawyer at work?
Copy !req
465. It's a marvel of nature,
like a platypus.
Copy !req
466. Platypus?
That's a big word. You know,
you don't sound so dumb.
Copy !req
467. I'm surprised
you haven't noticed
Stone is here to trick you.
Copy !req
468. I was smart enough to hire
you, wasn't I, Horace?
Copy !req
469. I better take it.
Copy !req
470. Going to protect
the rights of another
oppressed black man?
Copy !req
471. Tunney! You gotta listen to me
or I'm out that door! Sit!
Copy !req
472. You have no qualms
about this, Horace?
Copy !req
473. You mean, why didn't I stay
above 110th Street...
Copy !req
474. where I belong?
That's not what I mean,
and you know it.
Copy !req
475. Do you ask white lawyers
if they have qualms...
Copy !req
476. when they defend
a black man accused of
killing white people?
Copy !req
477. If it's a question
of principle and the defense
being railroaded, no.
Copy !req
478. How about a man being entitled
to the best possible defense?
Copy !req
479. The Tunneys can afford
a flashy lawyer.
Copy !req
480. Precisely. And they
got a good one.
Copy !req
481. I'm not questioning
your ability.
You're a great lawyer.
Copy !req
482. You know that. I know that.
I want the whole city
to know that.
Copy !req
483. Is that what this is
all about? Some high-profile
form of advertising?
Copy !req
484. You mean, I might get my name
on the short list of trial
lawyers for wealthy clients?
Copy !req
485. Put up there with Haines
and Spence and Cutler?
Copy !req
486. When they made their names
defending killers...
Copy !req
487. did you ask about
their consciences?
Copy !req
488. The call was from Van Buren.
Copy !req
489. Another shotgun killing
on the upper West Side.
Copy !req
490. The victim was black.
Copy !req
491. But he was fooling around with
his cousirs girlfriend...
Copy !req
492. the cousin had a temper
and the shotgun.
Copy !req
493. Don't tell me.
The police can't find them.
Copy !req
494. Terrific. It's a copycat...
Copy !req
495. and McCoy'll use him at
the bail hearing to prove
that we have the wrong guy.
Copy !req
496. Don't worry, I'm prepped.
Copy !req
497. For Judge Pongracic?
That woman?
She's very unpredictable.
Copy !req
498. If only she could hear
Tunney talk about them
and platypuses.
Copy !req
499. Or the jury could.
Copy !req
500. He must have sounded off
to someone who could
help us establish motive.
Copy !req
501. Briscoe and Logan
said that his sister
wasn't surprised...
Copy !req
502. that they were
looking for him,
so check her out.
Copy !req
503. Maybe we both want something,
Miss Kincaid.
Copy !req
504. I want to keep
a dangerous killer
off the streets.
Copy !req
505. Dangerous killer.
Copy !req
506. Funny way to hear
your little brother described.
Copy !req
507. I remember how he cried
if I used to blow
his birthday candles out.
Copy !req
508. How about more recently?
Copy !req
509. Will you testify about
what your brother said
about black people?
Copy !req
510. What he did
about black people?
Copy !req
511. My brother'll die
if he goes to prison.
Copy !req
512. Now, maybe Arthur said
things to me I don't remember.
Copy !req
513. Unless I have a reason to.
Copy !req
514. There's an isolation unit
at Dannemora,
we can promise you...
Copy !req
515. He needs help. He belongs
in a mental hospital,
not a prison.
Copy !req
516. He's not legally insane.
Not even his lawyer
is claiming that he is.
Copy !req
517. Then I can't help you.
Copy !req
518. She knows he's guilty
but she won't cooperate.
Copy !req
519. It was her mother, too.
She's angry.
Copy !req
520. Adam, if my brother was
spraying pedestrians with
a shotgun, I'd turn him in.
Copy !req
521. Would you?
Yes, sir.
Copy !req
522. If she's protecting him,
why didn't she call
to warn him...
Copy !req
523. after the police
left her apartment?
Copy !req
524. Briscoe and Logan
drove 50 blocks
to Tunney's place...
Copy !req
525. but he didn't leave
until after they got there.
Copy !req
526. But when they got there,
the gun wasn't loaded...
Copy !req
527. and there were
no shells in the bag.
Copy !req
528. He wasn't taking it
in for repairs.
Copy !req
529. He was trying to dump it?
Copy !req
530. Get the sister's
phone records.
Copy !req
531. The Bradleys' LUDs.
Copy !req
532. There's a call to Tunney
20 minutes after Briscoe
and Logan walked out of there.
Copy !req
533. Twenty minutes.
Copy !req
534. No wonder he was still around
when the cops got there.
Copy !req
535. The sister's rock solid
behind him.
She wouldn't delay.
Copy !req
536. But she wasn't
the only one there.
Copy !req
537. What, her husband tried
to talk her out of it?
He's the weak link?
Copy !req
538. We've got to hope
there's one somewhere.
Copy !req
539. Now it's a crime
to call your brother?
Copy !req
540. (Kincaid)
It is if you told him
to get rid of evidence, yes.
Copy !req
541. You could be charged
with hindering prosecution,
Mrs. Bradley.
Copy !req
542. (McCoy)
Go ahead, slap
her wrists, Mr. Stone.
Copy !req
543. I'll slap back harder
with a charge of harassment.
Copy !req
544. Don't threaten me, Horace.
You're here as a courtesy.
Copy !req
545. (Mary)
He's our lawyer.
Copy !req
546. Not for long,
if your brother's interests
and yours diverge.
Copy !req
547. My brother and I
are on the same side.
Copy !req
548. Do you want to share
a cell with him?
Copy !req
549. Mr. Bradley, how eager
are you to be indicted?
Copy !req
550. Me?
Yes, it's your phone, too.
Copy !req
551. We can assume
action in common.
Copy !req
552. Unless, of course, you tried
to prevent her from calling.
Copy !req
553. You don't have
to listen to this. Let's go.
Copy !req
554. Mary.
We'll discuss it outside.
Copy !req
555. So we go with what we've got.
The family's standing firm.
Copy !req
556. Defend thy brother
though he shoot thy neighbor.
Copy !req
557. We still have
a victim's testimony.
Copy !req
558. And the motive's a lock,
Tunney's a raving racist.
Copy !req
559. Racism's in style these days.
Copy !req
560. There was a dinner
at the East Side Sunday night.
Copy !req
561. This woman next to me
starts telling this coon joke.
Copy !req
562. How could anyone today
find that funny?
Copy !req
563. People are saying things
I'd have been embarrassed
to think 10 years ago.
Copy !req
564. Unemployment, crime.
People make scapegoats
out of minorities.
Copy !req
565. Average white male,
he's more likely
to be attacked...
Copy !req
566. by his wife than
by a black mugger.
Copy !req
567. Subsequent to placing
Mr. Tunney under arrest,
we searched his apartment.
Copy !req
568. And is this the literature
that you found there?
Copy !req
569. In his bedroom.
Copy !req
570. Please read
the highlighted paragraph.
Copy !req
571. (McCoy)
Objection.
Copy !req
572. Surely, what an American
citizen reads cannot be
subject to police inquiry.
Copy !req
573. It goes to motive, Your Honor,
and state of mind.
Copy !req
574. And it goes against
the First Amendment.
Copy !req
575. Overruled. But keep it
on point, Mr. Stone.
Copy !req
576. "So-called Africans,
truly called mud people...
Copy !req
577. "diverged from
Homo sapiens ages ago.
Copy !req
578. "They are not human,
and hunting them is as natural
as hunting raccoons."
Copy !req
579. (Stone)
Right. Thank you.
Copy !req
580. It's my understanding that...
Copy !req
581. the police first expressed
interest in Mr. Tunney...
Copy !req
582. because his name was
on the mailing list
of the... What was it?
Copy !req
583. White Power Party.
Is that correct?
Yes.
Copy !req
584. How many people
in the five boroughs
are on that list...
Copy !req
585. and other similar lists
you consulted?
About 700.
Copy !req
586. Can you tell us where each
one of them was the day that
Hector Duvall was shot?
Copy !req
587. Can you tell us where
they were the day
Ashita Khan was shot?
Copy !req
588. Mr. Tunney had a sawed-off
shotgun and a strong motive.
Copy !req
589. I understand.
Copy !req
590. Where was Mitchell Pergament,
the night Lionel Jackson
was shot?
Copy !req
591. Your Honor, objection.
Is this a name on the list...
Copy !req
592. and is he going to ask
about every one of them?
Copy !req
593. Mitchell Pergament's brother
was killed...
Copy !req
594. by a black mugger
on Dyckman Street...
Copy !req
595. eight days before
Mr. Tunney's mother
was murdered.
Copy !req
596. I assume you have a number
of other grieving relatives
to inquire about?
Copy !req
597. Fifty or sixty.
Copy !req
598. What do you say you boil it
down to a single question,
Mr. McCoy?
Copy !req
599. Detective, did you
investigate every one...
Copy !req
600. of the 750 New Yorkers
who had the same
alleged motive...
Copy !req
601. or state of mind
as the defendant?
Copy !req
602. We didn't need to.
We already had the killer.
Copy !req
603. You made that assumption
and that is where
your investigation stopped.
Copy !req
604. It was double-barreled.
Copy !req
605. Side by side.
Copy !req
606. When I saw those two holes
pointing at me, I tried to
get the hell away.
Copy !req
607. Mr. Jackson, are you
certain that the voice
of the gunman...
Copy !req
608. was the same as the voice
of the defendant,
Arthur Tunney?
Copy !req
609. He's the one.
Copy !req
610. Thank you. Your witness.
Copy !req
611. You did not see the face
of the man who shot you?
Copy !req
612. He was his size, his build.
Copy !req
613. Then for all you know,
it might have been this man.
Copy !req
614. No, he's shorter. I can tell.
Copy !req
615. If Mr. McCoy would like
the two gentlemen to stand
next to each other...
Copy !req
616. and be measured,
the People have no objection.
Copy !req
617. How old are you, Mr. Jackson?
Copy !req
618. Seventy-two.
But perfect hearing.
Copy !req
619. On the night you were shot,
you were unconscious
for two hours.
Copy !req
620. You lost half the blood
in your body.
You had major surgery.
Copy !req
621. Now, through
all that trauma...
Copy !req
622. you don't have the slightest
bit of normal doubt
that you could remember...
Copy !req
623. or distinguish a voice
you'd never heard before?
Copy !req
624. I remember the voice...
Copy !req
625. of the first white man
that told me
not to come in his store.
Copy !req
626. I remember the voice
of the doctor...
Copy !req
627. who told me
I had a healthy son.
Copy !req
628. And I remember the voice
of the man who took out a gun
and shot me.
Copy !req
629. (Stone)
I'm glad Lionel Jackson
was on our side.
Copy !req
630. He could teach a course
on how to testify
as a witness.
Copy !req
631. How good a witness
is Dr. Olivet?
Copy !req
632. She's terrific.
But not on this case.
Copy !req
633. If they don't want to
bring up Tunney's psychology,
neither do I.
Copy !req
634. Why do you ask?
Copy !req
635. McCoy's witness list is out.
He's calling Olivet.
Copy !req
636. And he's subpoenaed
every note and record...
Copy !req
637. concerning the development
of the serial killer profile.
Copy !req
638. What?
Copy !req
639. I knew McCoy was clever,
but this is off
the Richter scale.
Copy !req
640. He can bury us
with this material.
Copy !req
641. And use our own expert
to turn the shovel.
Copy !req
642. This psychological profile
of the killer...
Copy !req
643. was not prepared
solely by you,
was it, Dr. Olivet?
Copy !req
644. It was primarily compiled
by the FBI.
Copy !req
645. Experts who studied how many,
200 serial killers?
Copy !req
646. Something like that.
Copy !req
647. Who had access
to information on every crime
in the United States...
Copy !req
648. and an entire staff
of distinguished
psychiatrists?
Copy !req
649. Objection, Your Honor.
I honestly don't understand
the relevance of this.
Copy !req
650. I'm just trying to establish
that this profile...
Copy !req
651. is an authoritative
description of the killer.
Copy !req
652. But it's a hypothetical
description. It didn't arrest
Mr. Tunney, the police did.
Copy !req
653. Relying on this profile.
Copy !req
654. Fair enough, Mr. McCoy.
But let's not belabor
its bona fides.
Copy !req
655. (McCoy)
Fine.
Copy !req
656. It says here that
the killer would have spoken
of his rage to his wife.
Copy !req
657. Is Mr. Tunney married?
Copy !req
658. It says that he would
have spoken to his wife
or someone close to him.
Copy !req
659. Is Mr. Tunney married?
Copy !req
660. No.
Copy !req
661. It says here the killer
has a history of
feuding with neighbors.
Copy !req
662. Mr. Tunney has not
feuded with anyone that
I've heard of. Have you?
Copy !req
663. The profile is only a tool
to help investigators.
Copy !req
664. It guided them right smack
to Ted Bundy, didn't it?
Copy !req
665. Right smack
to Arthur Shawcross?
Copy !req
666. It was one of many things
that helped investigators...
Copy !req
667. This profile says that
the killer worked at
a succession of menial jobs.
Copy !req
668. Mr. Tunney owns his own
upholstery business,
doesn't he?
Copy !req
669. So I've been told.
Copy !req
670. Mr. Tunney fails
to match this profile...
Copy !req
671. in many significant aspects,
does he not?
Copy !req
672. And he matches in others.
Copy !req
673. How many men in New York City
match this profile overall...
Copy !req
674. more closely
than Arthur Tunney?
Copy !req
675. I couldn't say.
Copy !req
676. Unfortunately,
neither can the police.
Copy !req
677. You use the profile
when you're hunting
a lunatic...
Copy !req
678. and McCoy makes it blow up
in your face.
Copy !req
679. Olivet held him off
as well as she could.
Yeah.
Copy !req
680. He was just
grasping at phrases.
It didn't mean anything.
Copy !req
681. They were just words.
Copy !req
682. Words is what we do
around here, Miss Kincaid.
Copy !req
683. Who's McCoy got next?
His ballistics expert.
Copy !req
684. Ours made the case
that the same gun
had shot all four victims...
Copy !req
685. and that it's
one in a million.
Copy !req
686. And McCoy'll have the jury
believing they grow on trees.
Copy !req
687. Call him. See what
you can work out.
Copy !req
688. We're still winning.
Copy !req
689. The goal, Miss Kincaid,
is to keep Tunney
off the streets...
Copy !req
690. not improve
our batting average.
Copy !req
691. Mr. McCoy, please.
Ben Stone calling.
Copy !req
692. We don't wanna give him
the whole store.
One count, 25-to-life.
Copy !req
693. That's still murder two.
Will McCoy take it?
Copy !req
694. One life imprisonment
is better than three, and...
Copy !req
695. that gives McCoy a partial
victory and Tunney is
off the streets, thank God.
Copy !req
696. I hate to interrupt, sir,
but can we meet at Rikers?
Copy !req
697. Since when?
Copy !req
698. I can imagine.
Copy !req
699. Why the hell
wasn't I notified?
Copy !req
700. Don't gloat, Horace.
Copy !req
701. No.
Copy !req
702. No, and you might wanna
warn your neighbors.
Copy !req
703. Tunney has been out
on the streets
since 4:00 this afternoon.
Copy !req
704. What?
Where's our notice?
Copy !req
705. Some clerk's dog ate it.
Copy !req
706. I make the rulings, Ben.
I don't deliver the mail.
Copy !req
707. The bail hearing
was a week ago.
Copy !req
708. You come back from vacation
and drop this on us?
Copy !req
709. Ruling on motions
is part of my job.
Copy !req
710. We're just asking
for another hearing.
Copy !req
711. You know how to do that,
send your notice
to defense counsel.
Copy !req
712. (Stone)
There are
exigent circumstances here.
Copy !req
713. Tunney could be
pulling the trigger
while we're talking.
Copy !req
714. If he's your killer.
Copy !req
715. Mr. McCoy's motion made
the point that one of these
murders was committed...
Copy !req
716. while Mr. Tunney was in jail.
By a copycat.
Copy !req
717. And he's not linked
to the killings that
Tunney's charged with.
Copy !req
718. I suggest you
take your argument
to the Appellate Division.
Copy !req
719. Because you won't admit
you made a mistake?
Copy !req
720. Keep up that tone, Mr. Stone,
and I'll hold you in contempt.
Copy !req
721. You'll jail me,
and you won't jail
a mass murderer?
Copy !req
722. Ben! I'm sure Judge Rodriguez
will hear an appeal
expeditiously.
Copy !req
723. We don't have time for that.
We can get an order
in half an hour.
Copy !req
724. I used to work for him.
Copy !req
725. Fine.
Copy !req
726. Thank you, Your Honor.
(Pongracic)
Give her a raise, Ben.
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727. You were about to walk
out of here in cuffs.
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728. If I acted
inappropriately,
I'm sorry.
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729. Don't be. You didn't
act inappropriately.
And neither did I.
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730. What is inappropriate
is a judge releasing
a serial killer.
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731. I'll call Judge Rodriguez.
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732. No. I'll take care of that.
You make sure that
the cops find Tunney.
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733. All right?
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734. He's not at home,
he's not at the mother's,
he's not at the sister's.
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735. Keep unmarked cars
in front of all of them.
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736. What do we do with him
when we find him?
He's out legally.
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737. Let him know he has company
all the time.
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738. Right. If we find him.
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739. The family might know
where he is.
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740. The sister's
standing up for him.
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741. Lennie, you remember
the brother-in-law?
He gave up Tunney's address.
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742. He was a little shaky before,
even when Tunney
was safely locked up.
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743. How do you think he's sleeping
knowing Tunney's on the prowl?
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744. We'll press him.
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745. Our lawyer's on his way over.
We're not here about...
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746. Mrs. Bradley, we're not here
about any crime that
you may have committed.
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747. We're here about
your brother.
We've been through this.
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748. We don't know
where the hell he is,
Mr. Bradley.
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749. And we don't know
what he's up to.
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750. Even if he is the killer,
you think he's crazy enough...
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751. to do it again
during his trial?
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752. What do you think?
You know him better than I do.
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753. How crazy was he when he shot
those innocent people?
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754. (Stone)
And how much crazier
is he now that...
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755. he's been stabbed
by a black man in jail?
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756. The case is going against him.
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757. He knows
he's about to go to prison
for the rest of his life.
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758. How is he gonna want to
spend his last few hours
in the city?
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759. Shopping for souvenirs?
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760. Maybe we ought to tell them.
We got nothing to worry about.
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761. We can't do anything
about what he did before.
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762. He didn't do anything before.
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763. Look, he came by here,
upset after
the first two shootings.
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764. He was talking crazy.
Shut up!
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765. My mother-in-law's things
are in a storage locker.
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766. Arthur was in and out of there
all the time.
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767. I don't know
Arthur killed anybody.
Mary doesn't know Arthur...
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768. My mother-in-law said
she'd move out
of that neighborhood...
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769. if she could live with us.
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770. I said okay, but Mary said no.
She said her mother
would drive her crazy.
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771. The key, Mr. Bradley?
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772. My father-in-law was
a hunter. He owned two
or three shotguns.
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773. Look at this.
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774. That's my mother-in-law.
12-gauge shotgun shells.
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775. (Briscoe)
Very artistic.
Most people use flowers.
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776. Hey, Lennie, check it out.
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777. Sawed-off, double-barrel.
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778. This is from the gun
we found on Tunney.
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779. You didn't know,
Mr. Bradley?
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780. I haven't been here in months.
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781. Wait a minute.
Single-barrel.
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782. Fresh filings.
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783. This was sawed off today.
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784. We've got 18 cars out,
40 officers on foot.
So far, nothing.
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785. We're not invisible.
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786. Maybe he takes his act
10 blocks uptown,
10 blocks downtown.
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787. Get him! My bag!
He took my bag!
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788. Hold it! Hold it!
You're kidding.
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789. I don't have time for you.
I ain't do nothing.
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790. Radio call.
Man down at 1215,
West 105.
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791. How's he doing?
He'll be okay.
The bus is sent for.
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792. Where'd the shooter go?
There.
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793. (cop)
He's dead.
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794. (Logan)
It's Tunney.
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795. (Briscoe)
Suicide? With his own gun?
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796. (cop)
No, this one.
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797. Took it off her.
This girl?
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798. My father all right?
(Logan)
He's gonna be okay.
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799. We were coming from the bus.
That guy shot at us.
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800. This used to be
a nice neighborhood.
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