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