1. 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. First call came in around 2:00.
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7. By the time units rolled in,
the flames were wall-to-wall.
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8. And it's a lock for arson?
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9. We found a gasoline
can and a box of matches.
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10. Two witnesses saw somebody
drive away just before the bonfire.
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11. Gave us a description.
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12. Louis Johnson, medium rare.
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13. Smoke stains in
his nose and mouth,
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14. he was alive before
the fire started.
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15. Fumes killed him.
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16. Couldn't run out?
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17. The door was
locked from the inside.
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18. Our guess is, he was
spending the night.
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19. Didn't want any visitors.
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20. Did Johnson ever have
any trouble before this?
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21. Some vandalism last
week before he got his trees.
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22. What was it, kids? No.
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23. A local crew muscling the
businesses for protection.
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24. Nobody, and that includes
Johnson, wanted to talk about it.
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25. And look where it got him.
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26. We're gonna need the
names of that crew, all right?
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27. Two pairs of eyes
put you in the lot.
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28. I was buying my Christmas tree.
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29. At 2:04 a.m.?
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30. No, you're cooked, Danny, we got
your prints on the box of matches.
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31. I hate to break it to you, but
you're the stupidest torch I ever met.
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32. Now's your one chance
to do something smart.
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33. I swear, I didn't know Louis was
in the shed when the fire broke out.
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34. Bad break, his wife tossing
him out of the house that night.
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35. The job was about reducing the
value of Louis' inventory. That's all.
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36. I can serve up the guy that paid me.
- We know him.
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37. He's being worked on next door.
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38. No, we're shopping for the CEO.
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39. Yeah, but I just know the one
guy. I'm not part of the crew.
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40. That's too bad, 'cause you're gonna
take the weight for all of them, Danny.
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41. The Schwartz deli job last year,
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42. I can give you who
was behind that.
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43. Too late. Somebody
already beat you to it.
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44. All right. Wait, wait.
I got something big.
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45. I know the guy that really did
that Cookie Costello stabbing.
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46. You know the one. Big
mother case. 30 years ago.
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47. Girl got stabbed while the
whole neighborhood watched.
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48. Yeah. Sal Munoz. He's been
in Attica for the last 30 years.
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49. Yeah, that's what you think.
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50. I want somebody
from the D.A.'s in here.
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51. They need a reason
to move, Danny.
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52. Yeah, well, tell them this.
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53. This guy, I'll call him Bobby,
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54. me and him were having
a few pops one night,
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55. he tells me how he stuck the girl with
a knife so she could never have kids.
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56. Hey, see? I got something.
Next time I talk, it's to the D.A.
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57. My first partner in uniform
was on that Costello canvas.
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58. They kept the details of her injuries
out of the papers, too personal.
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59. I remember reading
something about that.
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60. Yeah, young woman
stabbed 14 times
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61. and raped outside her
building in the East Village.
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62. Yeah, while 40 of her
neighbors turned up their TVs
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63. so they couldn't
hear the screams.
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64. So what, they had
TVs but no phones?
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65. Oh, they called the police all
right, about 45 minutes later.
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66. Should've heard the excuses.
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67. Everybody assumed
somebody else called it in.
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68. So if Danny's on the money,
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69. then the wrong guy's been
in jail for the past 30 years.
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70. And Mr. Right's
been on the street.
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71. Thirty years ago, I sat in her
hospital room and held her hand.
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72. You prosecuted Sal Munoz?
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73. Ms. Costello sent me
Christmas cards every year since.
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74. This firebug, he
gave you a name?
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75. Bobby Farina.
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76. Career deadbeat. In and out of
State facilities since he was six.
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77. And somewhere along the way,
he must've picked up a crystal ball.
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78. Van Buren says the police never released
the specifics of Costello's injuries.
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79. Munoz confessed.
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80. After how many rounds
with New York's finest?
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81. Cookie Costello
couldn't ID him, Adam.
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82. We should at least talk to her.
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83. Absolutely not.
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84. A building full of her friends
and neighbors watched.
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85. She was stabbed, then
raped, left for dead in an alley.
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86. Thirty years isn't time enough
for wounds like that to heal.
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87. Munoz is serving consecutive
25-year terms. We can't ignore this.
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88. Have the cops find
this Farina character.
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89. Damn.
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90. Today's my birthday,
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91. you know, half a century, I'm
pushing carcasses for a living.
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92. Yeah, I know just
how you feel, Bobby.
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93. Half a century and I'm
still talking to scum like you.
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94. I'm all straightened out now.
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95. Oh, yeah. We
heard from your P.O.
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96. how you got four years for
straightening out your girlfriend.
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97. I'm a gridiron legend. You
know, we can't all beat the rap.
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98. And what about Cookie Costello?
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99. You straighten her out, too?
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100. Don't ring no bells. A bitch with
a name like that, I'd remember.
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101. What? You don't read the papers?
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102. She was carved up in May 1965,
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103. three blocks from where
you parked your sorry ass.
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104. I was doing a stretch
in Dannemora in '65.
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105. For assaulting a
hooker, we heard.
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106. You went in, in
September. Try again.
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107. May '65. I could've
been in New Jersey.
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108. I did a lot of work there. You
know, collecting for the bookies.
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109. Hey, the only ones who knew the
particulars are the victim, her doctors,
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110. and the piece of crap
who did it, and that's you!
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111. All right, look. I got it from this
lawyer, Nick Taradash, all right?
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112. He repped me on a couple beefs.
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113. The guy lays all these gems on me
about this Costello thing. I swear to God.
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114. Nick and I shared office
space after his first coronary,
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115. and after his second last
summer, I took over the whole place.
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116. And that would make him?
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117. Dead. He made me his executor.
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118. Should've said no.
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119. Sanitation Department
would choke on his files.
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120. Did you know Nick?
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121. No. But we ran into one of his
clients, Ms. Marks. Bobby Farina.
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122. Leg-breaker,
all-around dirt bag.
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123. Don't know the name, but the
description fits Nick's clientele.
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124. All the local hoods used to
carry Nick's card in their wallets.
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125. And now they carry yours?
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126. I'm not the household name
Nick was, but I'm getting there.
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127. Okay, Bobby Farina.
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128. Still has a balance.
What's he done now?
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129. We're looking at him for
the Cookie Costello case.
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130. He has knowledge of
details that were withheld.
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131. Claims he got them
from Mr. Taradash.
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132. Possible. Nick was court-appointed
to rep the defendant, Sal Munoz.
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133. He liked to talk it up.
Case got him good press.
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134. So in other words, Taradash
was handed a hot potato.
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135. Not much he could do
with it. Munoz confessed.
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136. Nick tried to plea
him on insanity,
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137. but, apparently, the juries
didn't go for that stuff back then.
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138. Insanity's the
defense of last resort.
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139. Taradash went
for it on first down.
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140. So maybe his heart wasn't in it.
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141. After all, the vic was
the girl next door, right?
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142. Let me propose a
less noble reason.
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143. Taradash makes his living
repping the local bad boys.
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144. Now, suppose one of
them was the guilty party?
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145. Farina. And Taradash might not
want to bite the hand that feeds him.
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146. I wonder if Bobby's name ever
came up during the investigation.
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147. Let's go see the detectives.
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148. Farina? Dumb muscle.
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149. Yeah, that's him. You ever
look at him for the Costello case?
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150. No. No, Costello
was a sex thing.
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151. We had our guy, the P.R., Munoz.
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152. The sick son of a bitch
followed her from work in his car.
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153. Picked on her because she
was wearing a white dress.
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154. Figured she was canned goods.
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155. You said she was
coming home from work?
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156. What we got is
she went to a movie.
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157. Oh, no. She was working under
the table at the Franklin Pub.
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158. On account of her probation, she
was supposed to keep out of the place.
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159. Probation for what?
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160. Gambling.
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161. We didn't release that
out of respect for the victim.
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162. What else didn't make
it into your report?
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163. It had nothing to
do with the case.
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164. She gambled, Farina
collected for gamblers.
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165. There's gambling all over
the place except in your report.
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166. Munoz did it! He confessed
to it. And two rapes besides.
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167. Right after a trip to
the West End Grill?
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168. Munoz was a righteous bust.
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169. So the hell with you.
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170. Okay, I'll bite. What's
the West End Grill?
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171. The docks on the West Side.
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172. Back in the '60s, they used to
take guys like Munoz out there
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173. and see how far they could swim,
after they beat the hell out of them.
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174. Or so I heard.
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175. It's time to talk to Cookie.
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176. She lives in Tarrytown.
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177. Oh, I'm sorry. I don't remember
anything after I got out of my car.
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178. After 30 years, nothing. The
doctors said it was the shock.
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179. I say it was God's
way of healing.
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180. Well, that's a good
way of looking at it.
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181. Yeah, well, I've tried
to forget everything.
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182. So why is this all
coming back now?
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183. We have some new
information on a Bobby Farina.
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184. Guy from the old neighborhood.
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185. Dad? Bobby Farina?
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186. A wiseass kid, used to
nick candy from my store.
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187. He grew up to be a bagman for
the bookies in the East Village.
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188. Why do you worry about Farina?
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189. They got the guy
that attacked her.
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190. You had a gambling
arrest back then?
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191. You bastards got crust.
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192. Don't tell them nothing, Cookie.
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193. Dad, I can handle this.
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194. I was 22, I liked
the excitement.
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195. I used to have a
crush on Sandy Koufax.
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196. I used to bet the
Dodgers when he pitched.
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197. I bet the Giants, but
sometimes I got jammed up,
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198. and so I took bets at the bar
for the bookies, to work it off.
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199. I got caught.
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200. And that's it? You never had
any trouble with Bobby Farina?
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201. You think I brought
this on myself?
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202. Look at it. It's the
dress she was wearing.
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203. Every time that animal comes
up for parole, I'm there with this.
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204. He laughs at me in the court,
and you think it's not him?
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205. You're damn fools.
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206. She was up to her
elbows in the action.
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207. She could've pissed off these
mooks any number of ways.
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208. So they have Bobby
send her a message.
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209. Yeah, unless she wants
a repeat performance,
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210. she doesn't put
the finger on him.
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211. What? 30 years
later, she's still afraid?
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212. Hey, she looks at those scars
every night. Listen, pull her records.
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213. See if she was ever
mixed up with Bobby.
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214. Here we go.
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215. Promoting gambling, second
degree. She got a year probation.
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216. Well, well. Taradash
was her attorney.
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217. Yeah, he was a local guy.
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218. And Munoz wasn't.
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219. Hey, Lennie, look at this. The
bookie she was working for.
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220. Eddie Murrows, I remember
him. He's a KG, Known Gambler.
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221. I know what it is.
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222. He was in Bobby Farina's
file as one of his employers.
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223. Sure, Bobby did
some work for me.
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224. Nudged a few clients to get current
on their delinquencies. Way back when.
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225. Sounds like you had the whole
neighborhood working for you.
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226. Bobby Farina. Cookie Costello.
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227. I let her work off
what she owed.
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228. Nice girl. Awful what happened.
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229. P.R. bastard should
have gotten the chair.
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230. We've got a better candidate.
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231. Yeah. You spent the winter of
'65 in Elmira on a gambling rap?
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232. What's that got to
do with Costello?
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233. I ain't got no time for this.
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234. Hey, is that a cell phone
in your shirt pocket?
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235. Yeah. So?
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236. Well, a smart KG like you,
you don't want your calls traced.
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237. You probably use a stolen
frequency, right? An E felony.
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238. It'll take me 30
seconds to find out.
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239. Now, in 1964, Cookie Costello
was arrested for a gambling offense.
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240. They gave her probation.
That's very generous, right?
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241. Yeah. So a couple of
months later, you get popped.
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242. Did you make a connection there?
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243. That's nuts.
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244. What she knew about my
business you could put in a gel-tab.
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245. Oh, that's not what we hear.
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246. We hear you gave Bobby
the say-so to carve her up.
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247. No way. Bobby was in East
Orange. May 25th, 1965.
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248. Red-letter day in sports,
Ali took Liston in one.
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249. Bobby visited a
client in Jersey.
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250. A guy in the restaurant trade.
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251. It's possible an unsolved battery
was committed on this person.
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252. The widow said the husband got
beat up at their place about midnight.
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253. Same time as Cookie.
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254. Now she fingered Farina, but the
husband wouldn't make a complaint.
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255. But he stopped
gambling right after that.
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256. The bottom line is,
Bobby's in the clear.
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257. All this because Taradash
opened his mouth.
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258. Small world.
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259. Oh, it gets even smaller.
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260. Taradash was handling
Cookie's gambling cases.
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261. Is that a problem?
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262. Taradash had a prior
relationship with Costello.
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263. Representing Munoz was
a clear conflict of interest.
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264. That's just terrific.
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265. You didn't know?
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266. If we knew that Taradash had the slightest
privileged knowledge of the victim,
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267. we would've had
him conflicted out.
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268. Turns out he didn't use that
knowledge to discredit her.
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269. Could have short-changed
Munoz out of loyalty to her?
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270. Not the Taradash I knew.
There's nothing to this.
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271. He put on a hell of a
case. 12 expert witnesses.
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272. Three weeks of testimony.
Munoz got his money's worth.
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273. Yes?
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274. Much as we'd like to, we
can't sweep this under the rug.
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275. Munoz has to be notified.
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276. Right.
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277. Okay. Thanks.
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278. We just got run off the
high road by Teri Marks.
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279. Teri Marks. Somebody
I should know?
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280. She shared an
office with Taradash.
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281. She just filed a motion for a
new trial on behalf of Sal Munoz.
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282. Mr. Munoz would like
to thank your detectives.
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283. If it weren't for them, I would've
never looked in Nick's files
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284. and found the conflict.
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285. Sixth Amendment
violation. Serious stuff.
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286. Only in your mind, Ms.
Marks. What do you want?
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287. What my client
wants, his freedom.
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288. He's been denied
parole three times.
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289. His next at-bat's in two weeks.
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290. Support his application,
we'll drop this motion.
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291. Fine. Done. As long
as Ms. Costello agrees.
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292. Come on,
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293. Taradash shouldn't have gone near
this case without a waiver from Mr. Munoz.
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294. Of course, this was all
news to you, Mr. Munoz?
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295. That's right, man.
Taradash never told me.
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296. I'll do one better. Everyone knew
about the conflict except my client.
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297. Now it's a conspiracy.
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298. Against the Puerto
Rican man, baby.
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299. Mr. Munoz, address
yourself to me.
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300. Your client confessed.
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301. They didn't need a
conspiracy to convict him.
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302. This so-called conflict of
interest is nothing but a footnote.
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303. As if your opinion matters.
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304. Come on, Sal, I'll walk
you back to your bus.
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305. We got a call from The
New York Times this morning.
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306. You sent them a press
release about your motion?
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307. It's an important case.
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308. For your career.
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309. The canons of ethics
are clear, Your Honor.
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310. A lawyer cannot
represent one client
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311. if he's limited by his
responsibilities to another client.
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312. Unless his client consents. Mr. Munoz
wasn't even aware of the conflict.
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313. Or he conveniently forgot
Taradash notified him.
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314. What's in the case record?
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315. The record is
silent on the subject.
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316. The record is incomplete.
Some transcripts are missing.
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317. Then let's fill in the gaps.
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318. Is the presiding judge still
available to give testimony?
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319. Yes, Your Honor. But Taradash's
conflict is hardly new evidence.
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320. With all due respect, it's not
grounds for enlarging the record.
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321. It is if I say it is.
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322. Taradash told me in chambers
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323. that he had represented
Ms. Costello on one occasion.
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324. But he believed that his
representation of Munoz
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325. wouldn't be adversely affected.
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326. And, of course, he showed
you a waiver signed by his client.
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327. No.
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328. I told him to consult with Munoz, and
to report back if there was a problem.
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329. And that's the
last I heard of it.
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330. Judge Mallory, why
wasn't your conversation
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331. with Mr. Taradash on the record?
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332. I'm sure it was. I can't explain
why it's not in the transcripts.
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333. And you didn't insist on a
signed waiver from Mr. Munoz?
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334. I admit I should've
followed through personally.
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335. But Taradash tried a
lot of cases before me.
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336. He was meticulous. I'm
sure it's all in his case files.
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337. Ms. Marks, have you checked?
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338. There is nothing in
the files about a waiver.
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339. Your Honor, much as we
trust Counsel's thoroughness,
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340. we'd like to examine
those files ourselves.
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341. Out of the question, Your Honor.
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342. We're not waiving
attorney-client privilege.
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343. You put it into
issue, Ms. Marks.
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344. They're entitled to look.
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345. I'll appoint a special
master to search the files.
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346. Jack, I was on the phone
with the special master.
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347. Taradash was a neat freak. He
even saved his phone messages.
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348. But there's no
mention of a waiver.
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349. Even a pack rat like
Nixon was short 18 minutes.
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350. Someone doctored his file?
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351. After Taradash died, the files
were turned over to Munoz, right?
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352. He had them until after Marks
called him to inquire about a waiver.
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353. If there was one, Munoz
could've pulled it from his file.
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354. No way to even prove there
was a waiver in the first place.
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355. I checked our old files.
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356. Some of the return receipts from
Taradash were signed by a Marcella Klein.
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357. Secretary?
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358. Initials don't match
Taradash's correspondence.
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359. Klein could've been a law clerk.
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360. Maybe she's entered
the profession since then.
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361. I was what nowadays you'd call a paralegal,
secretary's pay, lawyer's duties.
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362. But thanks to Mr. Taradash,
I became an attorney.
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363. To your knowledge, did
he ever inform Mr. Munoz
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364. that he had represented
Ms. Costello?
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365. He specifically told me he did. He
said Mr. Munoz couldn't care less.
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366. Thank you.
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367. You weren't present
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368. when Mr. Taradash
spoke with my client?
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369. No.
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370. In fact, you refused to
attend meetings with my client.
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371. Well, he made me uncomfortable.
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372. Mr. Taradash share your
feelings about Mr. Munoz?
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373. Mr. Taradash kept his feelings
separate from his professional duties.
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374. So we shouldn't read
anything into the fact
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375. that he let an all-white
jury be impaneled?
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376. All-white juries were
commonplace in 1965.
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377. Or that he never brought up
Ms. Costello's criminal activities?
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378. It was moot.
Mr. Munoz confessed.
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379. Or that he never
challenged that confession?
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380. He believed it supported
an insanity defense.
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381. It was his strategy
to let it stand.
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382. An effective strategy, if he
wanted his client convicted.
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383. That's ridiculous.
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384. He believed Mr. Munoz
belonged in a hospital.
Copy !req
385. And he fought like
hell to get him there.
Copy !req
386. His loyalties were
split, Your Honor,
Copy !req
387. between his former client,
a popular young woman,
Copy !req
388. and the man accused
of brutally attacking her,
Copy !req
389. a nuisance client, that the
court dumped into his lap.
Copy !req
390. No one could expect
him to be impartial.
Copy !req
391. The trial judge did,
and so did Mr. Munoz.
Copy !req
392. We heard testimony he
was informed of the conflict.
Copy !req
393. Mr. McCoy, if he was informed, why
did he wait 30 years to seek a new trial?
Copy !req
394. Maybe because he didn't realize
he could until Ms. Marks told him.
Copy !req
395. Assume he did give a waiver.
Copy !req
396. He has a grade six education, he
will do anything his lawyer tells him to.
Copy !req
397. The Judge should've
looked out for his interests,
Copy !req
398. he should've advised
Mr. Taradash to withdraw.
Copy !req
399. The verdict wouldn't have been
any different with another lawyer.
Copy !req
400. Everything Mr. Taradash
did was proper.
Copy !req
401. All right, Mr. McCoy.
Copy !req
402. The canons compel us to avoid
even the appearance of impropriety.
Copy !req
403. Since there's no record of any
waiver, I can't assume one was given.
Copy !req
404. I'm setting aside the verdict and
granting the motion for a new trial.
Copy !req
405. We had to pull the one judge who
reads the canons with a microscope.
Copy !req
406. Yeah. Marks is
peddling her offer again.
Copy !req
407. They'll plead out if
we support parole.
Copy !req
408. Not in my lifetime.
Copy !req
409. A new trial, Adam?
30-year-old evidence.
Copy !req
410. Witnesses gone who knows where.
Copy !req
411. You have the victim
and the confession.
Copy !req
412. Do you want me to
gift-wrap it for you?
Copy !req
413. He's almost 60. The jury
might think he's rehabilitated,
Copy !req
414. even harmless.
Copy !req
415. Munoz just crawled halfway out
the hole we dug for him 30 years ago.
Copy !req
416. You hit him with a shovel
before he crawls all the way out.
Copy !req
417. "Case number 23049 of '65,
People v. Salvatore Munoz
Copy !req
418. "One count attempted
murder in the second degree.
Copy !req
419. "One count rape
in the first degree."
Copy !req
420. Mr. Morean, remind me to check the
warranty on my hearing aid, will you?
Copy !req
421. I heard you say '65.
Copy !req
422. It is a 1965 case, Your Honor.
Remanded for a new trial.
Copy !req
423. After 30 years?
Hats off, Mr. Munoz.
Copy !req
424. Let's see. You originally
pleaded not guilty
Copy !req
425. by reason of mental
disease or defect.
Copy !req
426. You sticking with that plea?
Copy !req
427. My client's amending
it to not guilty.
Copy !req
428. Your Honor, we
ask bail be denied.
Copy !req
429. Mr. Munoz confessed
to the crime.
Copy !req
430. He already served 30 years.
He's earned a little R&R.
Copy !req
431. Ms. Marks, I don't really care
Copy !req
432. how much cigarette money he
may have saved over the years,
Copy !req
433. he's staying put.
Bail is denied. Next.
Copy !req
434. "Case number 93564..."
Copy !req
435. Bail for a confessed rapist?
Copy !req
436. You must've had a double
dose of Wheaties this morning.
Copy !req
437. I skipped breakfast so I could file
this early. Motion for suppression.
Copy !req
438. My client wasn't given his
rights before he was questioned.
Copy !req
439. You kiss that confession
goodbye, Ms. Kincaid.
Copy !req
440. Mr. Costello...
Copy !req
441. I had to see it for myself.
Copy !req
442. My daughter's scared out of her mind
that monster will show up at our door.
Copy !req
443. We'll make sure
that never happens.
Copy !req
444. They swore the only way
he'd get out is in a box.
Copy !req
445. How could you let this happen?
Copy !req
446. My client was grilled for
six hours without an attorney
Copy !req
447. before signing a confession.
Copy !req
448. He was never given any
warnings about his right to counsel
Copy !req
449. nor his right to remain silent.
Copy !req
450. In 1965 he wasn't
entitled to any warnings.
Copy !req
451. The Supreme Court didn't
decide Miranda until 1966.
Copy !req
452. Miranda landed on the
court's desk in the fall of 1965.
Copy !req
453. Any competent attorney in the
country would've known about it.
Copy !req
454. Any competent attorney
Copy !req
455. would've delayed my client's proceedings
long enough to see how the court ruled.
Copy !req
456. Mr. Taradash filed 27 pretrial
motions attacking the State's evidence.
Copy !req
457. His competency
is not in question.
Copy !req
458. Besides, it's irrelevant.
Miranda isn't retroactive.
Copy !req
459. It's not grounds for appeal for
every felon convicted before then.
Copy !req
460. I'm not talking
about every felon.
Copy !req
461. I'm talking about a case
Copy !req
462. where there is the possibility
of a conflict of interest.
Copy !req
463. The confession was
never challenged.
Copy !req
464. Then challenge it under the
laws as they existed in 1965.
Copy !req
465. I've read them, Your Honor.
Copy !req
466. I bet even Clarence Darrow couldn't
get this confession suppressed.
Copy !req
467. Mr. McCoy, I don't know what
a judge would've done in 1965,
Copy !req
468. but in 1995, there is an
irrebuttable presumption
Copy !req
469. that any confession taken
without Miranda warnings
Copy !req
470. is involuntary and
therefore inadmissible.
Copy !req
471. I'm granting the motion.
The confession is out.
Copy !req
472. I'm supposed to waste two
detectives on a 30-year-old case?
Copy !req
473. We're already
behind on last month.
Copy !req
474. The judge kicked the confession.
Copy !req
475. McCoy's counting on you guys to
turn this sludge back into chicken salad.
Copy !req
476. This guy's already served
twice what the Chambers kid got
Copy !req
477. for killing that girl
in Central Park.
Copy !req
478. Munoz gets out, Detective,
he can sleep on your couch.
Copy !req
479. Now, we'll need the witness
who ID'd Munoz in a line-up.
Copy !req
480. One of Cookie's neighbors.
She only saw the guy in the area.
Copy !req
481. The evidence is very thin.
Copy !req
482. What about the knife
they found on Munoz?
Copy !req
483. Lost in the department's
Bermuda Triangle.
Copy !req
484. Zip on forensics, no
hairs, fibers or prints.
Copy !req
485. Tell me they did a rape kit.
Copy !req
486. They blood-typed the semen.
A-negative, same as Munoz.
Copy !req
487. Along with three million
other New Yorkers.
Copy !req
488. This is what they
went to court with?
Copy !req
489. Cookie's father kept her dress.
Copy !req
490. Maybe the lab can
do something with that.
Copy !req
491. Get it to Forensics,
Copy !req
492. and make a list of everyone who
had an apartment facing that alley.
Copy !req
493. I said everything I had to
say to the police 30 years ago.
Copy !req
494. We know what you said to your
neighbor, Mrs. Baker, three years later.
Copy !req
495. We just talked to her.
Copy !req
496. Yeah, you told her you saw the
whole thing from your bedroom window.
Copy !req
497. That old bat doesn't know
what she's talking about.
Copy !req
498. I was asleep in the living room.
Copy !req
499. Mrs. Santoro, I don't know what they
did with people like you 30 years ago.
Copy !req
500. Procedure now is, they
throw you in jail for contempt.
Copy !req
501. But I didn't see anything.
Copy !req
502. This guy Munoz still
knows how to swing a knife.
Copy !req
503. You want him out there on the
same streets as your daughter?
Copy !req
504. I swear, I couldn't tell
he was stabbing her.
Copy !req
505. What did you think he was doing?
Copy !req
506. Just hitting her.
Copy !req
507. I heard next morning...
Copy !req
508. Anyway, they caught the guy.
Copy !req
509. Well, how much did you see?
Copy !req
510. Not much.
Copy !req
511. Must've been at the window
maybe 10 seconds. Saw his face.
Copy !req
512. I thought Cookie was just fighting
with one of her sleazy boyfriends again.
Copy !req
513. Yeah? Why's that?
Copy !req
514. Cookie's what we
used to call easy.
Copy !req
515. Every month, different low-life.
Copy !req
516. So she had it coming, huh?
Copy !req
517. I'm not saying that.
Copy !req
518. But the papers made her
out to be this sweet young girl
Copy !req
519. with the bad neighbors.
Copy !req
520. She's the one that didn't
belong in a family building.
Copy !req
521. Nice piece of workmanship.
Copy !req
522. Too bad it wasn't made of armor.
Copy !req
523. We got punctures in the
fabric from a single-edged knife.
Copy !req
524. Blood stains typed and
matched to the victim.
Copy !req
525. Small quantity of dried semen.
Copy !req
526. After 30 years, you
can ID the owner?
Copy !req
527. Drying actually preserves
the DNA. Ran a PCR on it.
Copy !req
528. Matches the blood sample
we got from Mr. Munoz.
Copy !req
529. Oh, lucky us. Nowadays
he'd be packing latex.
Copy !req
530. Here's the problem. I picked up more
DNA on the lower part of the dress.
Copy !req
531. Doesn't match the vic or Munoz.
Copy !req
532. What's it from? Blood
or semen? Can't tell yet.
Copy !req
533. It's mixed in with the other
fluids. I'll keep you posted.
Copy !req
534. All right, thanks.
A third party?
Copy !req
535. You think Munoz
had an accomplice?
Copy !req
536. Or Cookie had a quick one
on the way home from work.
Copy !req
537. Either way, we better find out
before Munoz and his lawyer do.
Copy !req
538. What'd you want to do, ask her
priest what she said at confession?
Copy !req
539. Better, her bartender. She
was working at the Franklin Pub.
Copy !req
540. Yeah, assuming
it's still in business.
Copy !req
541. I'm here to tell you it is.
Copy !req
542. Started here 32 years ago.
Finally bought the place in '73.
Copy !req
543. Now I'm looking to cash in. You interested?
Hey, cops and bars, made in heaven.
Copy !req
544. Excuse me. I always
did want to own a bar.
Copy !req
545. Place is a goldmine,
Lennie. Ten guys to every guy.
Copy !req
546. Yeah, when I used to come
in here, it was all guys, too,
Copy !req
547. except we had the
Giants game on.
Copy !req
548. So why the interest
in Cookie Costello?
Copy !req
549. Sal Munoz is up for a new trial.
Copy !req
550. How'd that happen?
Copy !req
551. It's a technicality.
Copy !req
552. Anyway, we need some
background on Cookie.
Copy !req
553. Now, we heard she
had a lot of boyfriends.
Copy !req
554. Hey, that's a crime?
Copy !req
555. She was 22, had a nice figure,
might as well put some miles on it, huh?
Copy !req
556. Was there anyone special she
might've been intimate with that night?
Copy !req
557. No, no, no. She was
here the whole time.
Copy !req
558. Look, the girl
liked to have fun.
Copy !req
559. But the last week she was here,
Copy !req
560. she was getting
her act together.
Copy !req
561. She stopped smoking,
stopped drinking, gambling.
Copy !req
562. Hey, maybe she caught Billy
Graham on TV. Excuse me.
Copy !req
563. My experience, there's only two reasons
why a woman drops her bad habits:
Copy !req
564. one, a new man...
Copy !req
565. Or a baby.
Copy !req
566. She was stabbed in the
lower abdomen, right?
Copy !req
567. The other DNA could've come
from a baby she was carrying.
Copy !req
568. Now, the question is, why didn't the
doctors who patched her up catch it?
Copy !req
569. Maybe they did.
Copy !req
570. Maybe it was filed in the police report
right next to her gambling conviction.
Copy !req
571. Every time one of you people
shows up at my door, it's bad news.
Copy !req
572. I had only found out about it
a week before. Nobody knew.
Copy !req
573. I was scared. I was single.
My parents were very traditional.
Copy !req
574. Back then, girls in my situation didn't
have the choices they have today.
Copy !req
575. You asked the police to
leave it out of their report?
Copy !req
576. No. They didn't know.
Copy !req
577. But the doctors said that...
Copy !req
578. My father was there
when they brought me in.
Copy !req
579. The doctors told
him about the baby.
Copy !req
580. He asked them if they could
keep it secret, for my sake.
Copy !req
581. Never even told my mother.
Copy !req
582. People will have to know
about it now, won't they?
Copy !req
583. Well, that's possible.
Copy !req
584. What about the baby's father?
Copy !req
585. I never told him.
He was married.
Copy !req
586. We might need his name.
Copy !req
587. Bobby Farina.
Copy !req
588. She was having
an affair with him.
Copy !req
589. It lasted less than two weeks.
Copy !req
590. She was ashamed. That's
why she never said anything.
Copy !req
591. Issue is, how much
does the other side know.
Copy !req
592. She's been very good
about keeping her secret.
Copy !req
593. Have to assume Taradash didn't
know. And neither does Marks.
Copy !req
594. You're thinking of
not telling Marks?
Copy !req
595. Well, we have to release the
forensics report on the dress.
Copy !req
596. So then they'll know
she was pregnant.
Copy !req
597. Who the father was is
none of their business.
Copy !req
598. Ms. Kincaid, do you
think we ought to tell them?
Copy !req
599. We're required to under Rosario.
Copy !req
600. Only if we put her on the
stand. And we're not going to.
Copy !req
601. Even so, it's exculpatory.
Copy !req
602. It points to a credible
alternative theory of the crime.
Copy !req
603. I see. Farina was furious
that she was pregnant.
Copy !req
604. He attacked her. Killed her
unborn baby. Left her for dead.
Copy !req
605. It might sound
credible to a jury.
Copy !req
606. And Munoz comes along
and rapes her. Still credible?
Copy !req
607. Maybe not, but I'd err on the side of
caution and turn over what we know.
Copy !req
608. And give this three-time
rapist a chance to bluff a jury?
Copy !req
609. That can't be a consideration.
Copy !req
610. Oh, it sure as hell can.
Copy !req
611. At the risk of committing
reversible error?
Copy !req
612. How many times do
we want to retry Munoz?
Copy !req
613. As many times as it takes.
Copy !req
614. We're legally, morally and ethically
entitled to keep this information from him.
Copy !req
615. And that's exactly
what we're gonna do.
Copy !req
616. The substance was made up
of blood plasma, lipids and cells,
Copy !req
617. a mixture consistent
with amniotic fluid.
Copy !req
618. This led me to conclude
Ms. Costello was pregnant.
Copy !req
619. What can you tell us about the DNA
from the semen you found on the dress?
Copy !req
620. I did a PCR test.
Copy !req
621. The DNA matched the
defendant's on all 21 combination
Copy !req
622. of genetic markers.
Copy !req
623. And what are the odds
that the semen on the dress
Copy !req
624. came from someone
other than Mr. Munoz?
Copy !req
625. About one in 200.
Copy !req
626. Thank you.
Copy !req
627. One in 200 in a
city of eight million?
Copy !req
628. Doesn't sound that impressive.
Isn't there a more exact DNA test?
Copy !req
629. The RFLP, but there wasn't enough
semen on the dress to do that test.
Copy !req
630. You testified that this dress
Copy !req
631. wasn't kept in the police evidence room
over the last 30 years, is that correct?
Copy !req
632. Yes. It was
returned to the victim.
Copy !req
633. So you can't be sure
Copy !req
634. this is the dress Ms. Costello
was attacked in, can you?
Copy !req
635. We have a photograph of the
dress taken right after the attack.
Copy !req
636. This appears to
be the same dress.
Copy !req
637. Would you bet
your reputation on it?
Copy !req
638. No.
Copy !req
639. I saw him from the back, moving
his arms and then he looked up.
Copy !req
640. Is the man you saw here today?
Copy !req
641. Yes. That's him
sitting right there.
Copy !req
642. Let the record show that the
witness pointed at the defendant.
Copy !req
643. Thank you, Mrs. Santoro.
No more questions.
Copy !req
644. I just want to make
sure I have this right.
Copy !req
645. After 30 years your conscience
suddenly drove you to call the police?
Copy !req
646. No. They came to me.
Copy !req
647. You just volunteered
what you knew?
Copy !req
648. They said I could be charged
with contempt if I didn't.
Copy !req
649. Over the years, you'd read
newspaper accounts of the crime,
Copy !req
650. you'd seen pictures
of my client?
Copy !req
651. Yeah, I suppose so.
Copy !req
652. Then isn't it possible, under
pressure from the police,
Copy !req
653. that you confused those photos with
the man that you glimpsed in 1965?
Copy !req
654. Oh, I don't know.
I don't think so.
Copy !req
655. I'm just trying to do
the right thing here.
Copy !req
656. My client should rot in jail
just so you can sleep at night?
Copy !req
657. No more questions.
Copy !req
658. Mr. Munoz was picked up on a
traffic stop for a broken tail light.
Copy !req
659. When I searched his car, I found
a switchblade in the glove box.
Copy !req
660. I saw what looked like
dried blood on the handle.
Copy !req
661. Without revealing the
contents of the interrogation,
Copy !req
662. tell us what opinion you
formed as to Mr. Munoz's guilt.
Copy !req
663. I was convinced he was our guy.
Copy !req
664. What convinced you, Detective?
The fact that he was Puerto Rican?
Copy !req
665. He fit the description we had.
Copy !req
666. Hispanic male
driving a beige car.
Copy !req
667. How many people fit
that very unique profile?
Copy !req
668. I wouldn't know. But a witness
picked Munoz out of a line-up.
Copy !req
669. A line-up consisting of my client
and five Irish cops, isn't that right?
Copy !req
670. I didn't ask their
ethnic origins.
Copy !req
671. But we followed procedure
right down the line.
Copy !req
672. Wouldn't proper procedure
have led you to investigate
Copy !req
673. Ms. Costello's
gambling associates?
Copy !req
674. No.
Copy !req
675. How about the fact that she was
pregnant when she was attacked?
Copy !req
676. We didn't know she was
pregnant. She didn't tell us.
Copy !req
677. Now that you know, do the six
stab wounds to her lower abdomen
Copy !req
678. acquire a new
significance to you?
Copy !req
679. They might.
Copy !req
680. You're thinking
whoever attacked her
Copy !req
681. did so with the intention of ending
her pregnancy, isn't that right?
Copy !req
682. There's no facts
to support that.
Copy !req
683. Detective, the only
reason we have no facts
Copy !req
684. is that you never
bothered to collect any.
Copy !req
685. Withdrawn. No more questions.
Copy !req
686. Marks is killing us.
Copy !req
687. Yeah.
Copy !req
688. We've got to put her on, Adam.
The jury needs to hear her.
Copy !req
689. We'll have to disclose
that Farina's the father.
Copy !req
690. No choice. Marks
is vilifying her.
Copy !req
691. If we don't call
her as a witness,
Copy !req
692. the jury will assume we've
got something to hide.
Copy !req
693. Put her on the witness
list. Those the old files?
Copy !req
694. Yeah.
Copy !req
695. It won't be pretty. Marks'll
have a field day with Costello.
Copy !req
696. Unless we inoculate the jury.
Copy !req
697. We do it to her
before Marks does?
Copy !req
698. Ask the L.A. prosecutors,
Copy !req
699. don't they wish they'd pulled
the pin on the Fuhrman grenade?
Copy !req
700. I mean, just before I parked,
Copy !req
701. I noticed this beige
car in my rear view
Copy !req
702. and then I got out.
Copy !req
703. The rest is just a blank.
I woke up in the hospital.
Copy !req
704. Please describe your injuries.
Copy !req
705. The doctors told me I
had 14 stab wounds,
Copy !req
706. in my throat, my chest,
arms and stomach.
Copy !req
707. I can't have children of my own.
Copy !req
708. They told me I was raped.
Copy !req
709. Could you describe your
social life before this attack?
Copy !req
710. I had a lot of boyfriends.
I liked the attention.
Copy !req
711. I was young, I was pretty.
Copy !req
712. I wasn't worried
about the future.
Copy !req
713. Sometimes, I made mistakes.
Copy !req
714. Please explain that.
Copy !req
715. I got pregnant
Copy !req
716. from this man, Bobby Farina.
Copy !req
717. He was married.
Copy !req
718. I never told him
because I didn't know
Copy !req
719. if I was gonna keep the
baby or give it up for adoption.
Copy !req
720. And you never told the police?
Copy !req
721. No. I was ashamed.
Copy !req
722. After all the other
stupid things I'd done.
Copy !req
723. You mean your arrest?
Copy !req
724. Yes. For bookmaking.
Copy !req
725. I gambled.
Copy !req
726. And sometimes, I worked for
my bookie to pay off my debts.
Copy !req
727. It was very foolish.
Copy !req
728. I wasn't a career woman.
Copy !req
729. The way I grew up,
family is everything.
Copy !req
730. That's impossible
now, because of him.
Copy !req
731. Thank you.
Copy !req
732. I'm very sorry about
your injuries, Ms. Costello.
Copy !req
733. I just have a few questions.
Copy !req
734. The father of your child, Bobby
Farina, what did he do for a living?
Copy !req
735. He worked for my
bookie. He collected debts.
Copy !req
736. Were you aware that he'd been
convicted of violent felonies?
Copy !req
737. I knew he'd got into trouble
because of his temper.
Copy !req
738. And you knew that he wouldn't be
overjoyed by the news of your pregnancy?
Copy !req
739. That's why I didn't tell him.
Copy !req
740. Well, you just said it was because
you weren't sure about keeping the baby.
Copy !req
741. Well, it was for both reasons.
Copy !req
742. When the police questioned
you recently about Mr. Farina,
Copy !req
743. you denied knowing
him, isn't that so?
Copy !req
744. Yes. But I'm not lying now.
Copy !req
745. I never told him about the baby.
Copy !req
746. Because you were afraid
of what he might do to you?
Copy !req
747. Yes.
Copy !req
748. But, in fact, Ms. Costello,
you did tell him, didn't you?
Copy !req
749. No. You threatened
to tell his wife
Copy !req
750. unless he gave you
money for an abortion.
Copy !req
751. That's not true. I
am a good Catholic.
Copy !req
752. I would never do
a thing like that!
Copy !req
753. You mean the kind of good Catholic
who gets arrested for bookmaking,
Copy !req
754. who commits
adultery with felons?
Copy !req
755. Objection. Sustained.
Copy !req
756. Tone it down, Ms. Marks.
Copy !req
757. I am not a bad person!
Copy !req
758. But Bobby Farina is.
Copy !req
759. He stabbed you in the stomach
and killed your unborn child, didn't he?
Copy !req
760. He is the one
who tried to kill me.
Copy !req
761. How would you know?
Copy !req
762. You never saw your attacker.
Copy !req
763. When you came
to in the hospital,
Copy !req
764. the police told you
Sal Munoz was the one.
Copy !req
765. And you went along with it because
you knew if you accused Bobby
Copy !req
766. that he would come back
and finish the job, wouldn't he?
Copy !req
767. Please stop it.
Copy !req
768. The police framed my client
Copy !req
769. and you kept your
mouth shut for 30 years.
Copy !req
770. Please stop. Even
when the police told you
Copy !req
771. that Mr. Farina was a suspect, you
still denied knowing him, didn't you?
Copy !req
772. Yes. Even though you knew
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773. the only man with the motive
to do this horrible thing to you
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774. was Bobby Farina,
isn't that the truth?
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775. I don't... I don't
know. I don't know.
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776. No more questions.
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777. Marks knows her audience.
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778. You could've heard
hair grow in that jury box.
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779. People slow down for traffic accidents,
that doesn't mean they approve.
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780. Wishful thinking. She even
created doubt in Cookie's mind.
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781. Thirty years ago, no judge
would've let Ms. Teri Marks
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782. get away with that
kind of muck-raking.
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783. Thirty years ago,
you had a confession.
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784. Yeah. And we had
an insanity plea.
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785. You know, Munoz had a
girlfriend. A Dominican girl.
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786. She was supposed to testify
at the first trial on his behalf.
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787. In support of his insanity plea.
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788. I read her statement.
There's no red flag there.
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789. The girl disappeared
before she took the stand.
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790. Defense accused us of threatening
to pull her visa if she testified.
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791. And?
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792. And nonsense.
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793. Well, then why'd she disappear?
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794. Find her and ask her.
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795. Sal wanted me to lie for
him, to say that he was crazy,
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796. that he heard voices
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797. and that's why I ran
away to Santo Domingo.
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798. But he's not
crazy. He's just evil.
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799. Mr. McCoy, I hope this isn't
why you want her to testify.
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800. No, Your Honor.
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801. Ms. Valerio, tell the judge
about the times Sal hurt you.
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802. Sometimes, he'd want to have
sex with me and I didn't feel like it.
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803. If I said no, he'd hit
me and force me to.
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804. If I tried to get away,
he would hit me harder.
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805. Your Honor.
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806. Go on, Ms. Valerio.
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807. One time I went to the
police and Sal found out.
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808. He got very angry.
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809. He got this small knife from the
kitchen and he pressed it against me
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810. and he said that if I ever
opened up my mouth again,
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811. that he would cut me up inside
so that I could never have babies.
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812. All right. Thank you, Ms.
Valerio. You can leave now.
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813. Your Honor, I can't believe Mr. McCoy
has asked you to allow this testimony.
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814. It's prejudicial. It's prior
bad acts. It's inadmissible.
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815. It establishes a common
pattern. Same weapon, same MO.
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816. A paring knife
versus a switchblade,
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817. a girlfriend versus a
complete stranger?
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818. There's no pattern here.
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819. He threatened to
injure his girlfriend
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820. in the exactly the same manner
he injured Cookie Costello.
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821. And who knows how many others.
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822. That's the problem.
There are no others.
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823. Two vaguely similar acts
do not add up to a pattern.
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824. No, they don't, Ms. Marks.
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825. Mr. McCoy, this is outside the
Molineux exception. I can't allow it.
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826. Ms. Valerio will not testify.
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827. Have you reached a verdict?
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828. We have.
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829. On The first count
of the indictment,
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830. rape in the first degree,
how do you find?
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831. We find the defendant,
Sal Munoz, not guilty.
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832. On the second count
of the indictment,
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833. attempt to commit murder
in the second degree,
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834. how do you find?
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835. We find the
defendant not guilty.
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836. Yes!
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837. Marks just had a
press conference.
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838. She actually thinks she
righted a 30-year-old wrong.
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839. And probably hopes to be the
centerfold in next month's Bar Journal.
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840. Yeah. Well, she did her
job. We didn't do ours.
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841. Bad evidence. Bad
memories. Bad rulings.
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842. We did everything we could.
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843. Yeah.
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844. Didn't you tell me you
never make this job personal?
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845. I lied. Second time in 30 years.
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