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. Gil.
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7. Gil.
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8. Gil, we'll be home
in half an hour.
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9. Come on, Cin. They
did it in Fatal Attraction.
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10. Sure, with stunt doubles.
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11. It's now or never.
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12. In a couple of years, we'll
need notes from our chiropractor.
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13. We'll need new
jobs if we get caught.
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14. It would have been great.
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15. It'll be great
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16. in half an hour with
the front door locked.
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17. Are you crazy? You stay here.
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18. Call 911.
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19. The cleaning crew doesn't
show up till after 9:00.
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20. I was pretty sure we were the
only ones left in the building.
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21. The people in this
office, you know them?
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22. Just to say hi.
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23. Like we told the other detective,
they ran a computer magazine.
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24. They seemed like a fun bunch.
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25. They always had music playing.
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26. Thank you.
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27. Body count's three. We found
four shells. Nine millimeter.
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28. As far as we can tell,
all the vics worked here.
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29. Sally Kestler, 26. She
used to have black hair.
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30. Nose ring's new, too.
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31. Along with the bullet hole.
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32. What's his story?
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33. First unit on the scene
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34. found him hiding in the john
over there, pale as a ghost.
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35. I'll bet. Be sure to check
his hands for powder residue.
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36. Detective Curtis
already put in a request.
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37. Jesse Rand, 24. Powder burns
on his shirt, bruises on his hands.
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38. Probably from beating
on the guy who shot him.
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39. Make sure Mr. Rand
gets under the microscope.
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40. I already got that one from
Detective Curtis. He's in there.
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41. Hey, I paged you three times.
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42. I was stuck in the
Midtown Tunnel.
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43. Anyway, it sounds
like you had it covered.
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44. Meet Edward Nicodos, the
Editor-In-Chief. Two shots, in and out.
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45. Those accountants said they heard
two quick shots and then two singles.
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46. Right. That makes him first.
Who says it's good to be the king?
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47. "BYTEhead Magazine. Feeding
the head of Generation X."
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48. Better make that
Generation X'd out.
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49. I can't believe this crap.
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50. They were looking for
gun powder on my hands.
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51. Take it easy. They were
just following procedure.
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52. You know, if I wasn't hugging
porcelain when the shooting started,
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53. I'd be dead right now.
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54. Two weeks on the
job and I'm dead.
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55. Was there anyone in the
office besides the four of you?
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56. No, we just put issue 14 to bed,
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57. and Eddie popped the
cork and ordered takeout.
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58. Well, between the champagne
and the General Tso's Chicken,
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59. my stomach started
doing wheelies.
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60. What about office romances?
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61. Maybe somebody's
significant other got jealous?
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62. I just did phones and errands.
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63. I mean, the grapevine
didn't exactly grow my way.
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64. Then who on your
staff would know?
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65. You're looking at
what's left of the staff.
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66. There was Eddie, and
Sally, the Senior Editor,
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67. and Jesse, the Associate
Publisher, and me.
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68. You're saying four people
ran this whole thing?
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69. Eddie ran a virtual office.
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70. There was a part-time editor in
Saratoga, and a graphics guy in Baltimore.
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71. Everything got done
with faxes and modems.
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72. Beats coming into
work every day.
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73. Sally Kestler's roommate
says she wasn't seeing anybody.
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74. And judging by his dance card,
Eddie Nicodos was seeing everybody.
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75. And Jesse Rand's boyfriend was
playing bass at a club last night.
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76. Jesse Rand? He's the
one with the powder burns?
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77. Yeah, shot almost point
blank near a fire exit.
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78. Forensics pulled some dark blue
wool fibers from under his nails.
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79. He probably got
his mitts on the guy.
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80. CSU check the fire door?
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81. Yeah, they found some powder residue
on the handle and a couple of dozen prints,
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82. mostly smudged, mostly from the
vics, and one from the kid in the john.
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83. Popular door.
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84. Yeah, it leads
to the side street,
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85. but it's not wired
up to an alarm.
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86. Well, somebody who's been
there before would know that.
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87. Start with former employees.
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88. We checked the offices,
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89. but the place was big on
gadgets, not personnel records.
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90. What about the next of kin?
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91. They've been notified.
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92. They own Nicodos Food
Distribution. It's a big operation.
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93. Yeah, I've been stuck
behind a few of their trucks.
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94. You talk to Elaine Nicodos?
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95. She's listed as
Executive Editor.
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96. I don't understand.
Edward was my baby.
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97. Why would somebody do this?
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98. Come on, Mom, sit down.
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99. Elizabeth, be a dear and
take the children upstairs.
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100. Come on, let's go.
Let's go upstairs.
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101. Terribly sorry for your
loss, Mrs. Nicodos.
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102. I buried my husband a year ago.
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103. I thought after his memorial yesterday,
we could move on with our lives.
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104. If I didn't have Peter and
his family living here with me,
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105. I don't know what I'd do.
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106. We'll help you any way we
can. Just tell us what you need.
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107. Well, to start with, can
you think of anybody
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108. who might have had a grudge
against your brother or the magazine?
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109. No. Nothing comes to mind.
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110. Eddie had a lot of friends.
Everybody liked him.
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111. Well, somebody he fired
might have a different opinion.
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112. Were you aware of any
problems with a former employee?
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113. If there were, I
really wouldn't know.
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114. But you are the Executive
Editor of the magazine, right?
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115. It's just a title.
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116. Just Eddie's way of saying thank
you for giving him the start-up money.
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117. So you didn't keep up with
the day-to-day over there?
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118. Our business is
food distribution.
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119. The magazine was
strictly Eddie's venture.
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120. We'd like to see his personnel
file. There was nothing in the office.
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121. He retained a business manager.
I'll have the records released to you.
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122. Eddie was full of ideas.
He had so much promise.
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123. How could someone take him away?
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124. All three of them?
That's incredible.
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125. I'm totally floored.
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126. I just spoke to Sally
a few weeks ago.
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127. Really? We didn't think you were still
on speaking terms with the people there.
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128. Why, because I was fired?
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129. Well, that's one reason.
Another one is this letter.
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130. "You're a son of a bitch,
John's a son of a bitch,
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131. "and you can both go to
hell, the sooner the better."
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132. We found this in your
personnel file, Ms. Russell.
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133. So? I worked five months
straight giving that rag its look,
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134. and then I got dinged 'cause I wouldn't
let some lech play grab-ass with me.
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135. I'm supposed to be happy?
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136. The lech, that would be John?
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137. John Wheeler.
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138. I'd be in his office working,
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139. and all of a sudden he
says he has to take a leak.
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140. He unzips right there
and pees into a cup.
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141. Guy was a pig.
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142. So you complained.
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143. Eddie thought it was funny.
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144. I spelled it out for
him. It was me or John.
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145. So after you got pink-slipped,
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146. why didn't you let a lawyer
write your hate mail for you?
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147. I did. She said I
had a great case,
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148. until she realized the
magazine had no assets.
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149. Well, Eddie got his
consciousness raised.
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150. John Wheeler was
fired two weeks ago.
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151. Oh, God.
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152. When Sally called me, she sounded
worried. John had started in on her.
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153. He even followed
her home one night.
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154. Leave me a number. I gotta finish
this piece on molecular computers.
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155. I got two magazines
bidding for it.
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156. Hey, that badge we showed you
means we got dibs on your time.
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157. Now, let's hear about your
problem with Sally Kestler.
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158. Come on. You look at
some chicks the wrong way,
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159. you become a serial rapist.
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160. You follow them
home, maybe you are.
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161. Big misunderstanding, that's all.
Sally never had a sense of humor.
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162. Did you lose yours
after she got you fired?
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163. That had nothing to do with it.
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164. Eddie was just
jealous of my talent.
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165. Couldn't deal with the fact that I was
the real juice behind the magazine.
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166. Right. You're so brilliant, you're
hustling the freelance market.
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167. Temporary setback.
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168. Look, man, I wrote
this killer review
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169. on this mega carnage piece
of crap CD-ROM Thrasher.
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170. Burned the game, the
programmer, got a lot of buzz from it.
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171. Eddie felt threatened. Only
room for one resident genius.
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172. What the hell. Mozart couldn't
hack the nine-to-five either.
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173. Just what masterpiece
were you creating,
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174. say two nights ago, around 8:30?
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175. I was at Annie's Diner on Lex.
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176. Johnny has some fast
hands for a white boy,
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177. but he was never
getting a piece of this.
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178. Now, you, you
might have a chance.
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179. Not without a note from my wife.
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180. What time did Johnny take off?
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181. Just before 9:00.
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182. He said he had a date with
some girl on his computer.
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183. So I asked him, what
is the thrill in that?
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184. I'm sure he types fast
with one hand. Thanks.
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185. So Wheeler's story checked out.
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186. He's quite the wordsmith.
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187. I read his review. Most
of it's up your alley,
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188. but the thumbs down part
comes through loud and clear.
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189. Well, a little controversy gets people
talking. Eddie couldn't have minded.
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190. Well, he may have
had second thoughts.
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191. Their latest issue, there's a
retraction printed on the last page.
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192. So the guys who invented
the game must've weighed in.
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193. Well, only five lines.
Not much of an apology.
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194. My girlfriend insists on
flowers and a box of Godiva.
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195. Well, maybe somebody
came back for the chocolates.
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196. Thrasher is an action-thriller
music-video-adventure experience.
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197. I get that riding the subway.
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198. So BYTEhead magazine didn't like
your game. That calls for an apology?
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199. They weren't
supposed to review it.
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200. I let Eddie Nicodos
see a prototype.
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201. Bastard said he wouldn't write
about it until I worked out the bugs.
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202. So what happened? Eddie
didn't say I'm sorry loud enough?
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203. I worked three years on
this project. I lost my backers.
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204. I've been on the phone every
day, trying to raise new capital.
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205. Yeah, all those busy signals
can get pretty frustrating.
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206. You want to tell us where you
were the night Eddie got shot?
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207. Right here. Look, Eddie might
have been a back-stabbing jerk,
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208. but I wouldn't kill him.
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209. At least not until my
lawyer was through with him.
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210. Liability here is eight figures.
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211. That review damaged my
client's business reputation.
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212. It interfered with his
contractual relationships.
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213. So a lawsuit gets
your name in the paper.
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214. All you'll be able to do with a judgment
against the magazine is frame it.
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215. We didn't just sue
Eddie Nicodos.
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216. You found deeper pockets?
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217. His family's business
Nicodos Food Distribution Inc.
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218. Has also been named in the suit.
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219. Our position is they're the
true owners of the magazine.
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220. We sure nailed his brother
on it at the deposition.
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221. Brother Peter, who never kept up
with the day-to-day at the magazine?
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222. We definitely had his attention.
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223. Do you have a transcript
of the deposition?
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224. Better. I have a videotape.
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225. I don't see how my mother
giving money to Eddie
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226. has anything to do with this.
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227. That's what we're
here to find out.
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228. Has your brother's magazine received
any other funds from Nicodos Foods?
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229. Wait, wait, wait, wait a minute.
What do you mean, "Any other funds?"
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230. The start-up money came from my mother's
personal account, not the business.
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231. Remind me to borrow
this next time I can't sleep.
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232. This is all very interesting,
but I've got things to do.
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233. Ed... No, I'm here,
so you're here, too.
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234. It's your problem, Pete.
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235. You want to sue
me, go right ahead.
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236. The magazine's judgment-proof.
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237. You think you can collect
from my brother, be my guest.
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238. You irresponsible, spoiled brat. I'm
sitting here, taking this... Sit down!
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239. Go to hell! God...
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240. Nice family.
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241. Who said we're not
the city of brotherly love?
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242. The lawsuit is
just a lot of smoke.
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243. Our business has nothing
to do with Eddie's magazine.
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244. My attorney assures
me we're in the clear.
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245. So when you didn't tell us about
it, that was just an oversight?
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246. I didn't think it was relevant.
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247. A $12 million lawsuit?
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248. Hey, we understand if
you didn't want us to know
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249. how upset you
were at your brother.
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250. We saw the deposition tape.
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251. So I overreacted.
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252. Eddie put us in a
vulnerable position.
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253. My grandfather built this firm.
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254. I take seriously my duty to
protect the family's interests.
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255. I'm not gonna sit back and let some little
shyster bleed us over a computer game.
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256. No, you're going to yell at your
brother. Makes perfect sense.
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257. We weren't twins, Detective.
We handled things differently.
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258. My brother was imaginative.
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259. Well, we have imaginations, too,
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260. so if you could tell us your
whereabouts the night he was killed?
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261. I was here. I spent the
entire day with my mother,
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262. the memorial service,
dinner at Periyali.
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263. Payroll checks don't
sign themselves.
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264. What time did you leave?
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265. Around 9:30, so I could
kiss my children good night.
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266. Now, if you'll excuse me, I
have people waiting for me.
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267. I still can't get over it. I knew
Eddie since he was in short pants.
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268. That kid could never sit still.
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269. The things his folks
would let him get away with.
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270. What about lately? You see
him around here with Peter?
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271. No. Last time he was around
here was five years ago.
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272. He was out of college.
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273. The old man talked him into
taking a job in the sales department.
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274. Not his cup of tea, huh?
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275. He lasted two months.
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276. Pete was his boss.
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277. They had a blowout on the loading dock
and Eddie found something else to do.
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278. According to your log book, you
were on duty the night he got killed.
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279. That's right. I had
a man out sick.
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280. Did you see Peter come in?
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281. About 8:00. He went
right up to his office.
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282. He's not a talkative man. He's
always got something on his mind.
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283. What time did he leave?
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284. That I couldn't tell you.
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285. Sometimes he goes out
through the warehouse.
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286. Why do you want to know?
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287. Well, we got a lot of blank
spaces to fill in on our reports.
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288. Do you happen to know if
he keeps a gun in his office?
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289. No, he doesn't.
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290. Had to think that one over?
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291. Mr. Brice, if you want to
reconsider your answer...
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292. Mr. Nicodos' secretary keeps a
licensed handgun locked in her desk,
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293. for nights when she works late.
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294. She worries about carjackers.
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295. And?
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296. And this morning, she
called me to report it missing.
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297. Did Mr. Nicodos
know she had a gun?
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298. He signed the affidavit
for the premise permit.
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299. Last time she saw it was
the day before the shootings.
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300. And as far as she knows, Nicodos
does have a key to her desk.
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301. According to her permit, it's
a Ladysmith nine millimeter.
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302. I checked the rifling.
It's a six with a right twist,
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303. same as the slugs we
recovered from vics.
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304. Making Peter a prime
candidate for a sit-down.
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305. No point putting him in the hot
seat if we can't keep him there.
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306. Nicodos went straight from
the memorial to the office.
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307. With one stop in
between for dinner.
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308. Forensics found dark blue
wool fibers on one of the victims.
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309. I'm no Donna Karan, but I know
the right fashion for solemn occasions.
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310. I really don't remember
what Peter was wearing.
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311. I'm sure it was
something appropriate.
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312. Where are those people going?
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313. The warrant allows us to search
the whole house, Mrs. Nicodos,
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314. starting with your son's room.
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315. What do you expect to find?
It doesn't make any sense.
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316. That day at the memorial service, did
anything happen between your sons?
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317. Eddie couldn't be there.
I told him it was all right.
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318. He had a deadline
at the magazine.
Copy !req
319. But you haven't answered
my question, Detective.
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320. What do you expect to find?
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321. Why don't we just wait and
see what happens, okay?
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322. That day is like
a blur, Detective.
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323. Peter was on the phone with his
office, the church and the restaurant.
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324. My youngest had the flu.
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325. Did your husband say anything
to you about his brother?
Copy !req
326. He was disappointed that
Eddie was missing the service,
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327. but we really didn't
have a chance to talk.
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328. Just as we were about
to sit down to dinner,
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329. he was called away to a
meeting with his lawyer.
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330. Did he mention
what it was about?
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331. It was that lawsuit
with the magazine.
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332. Detective, we got grays,
taupes and pinstripes,
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333. but nothing in a dark blue.
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334. There's nothing in the other
closets, either. And no gun.
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335. Even money there's a blue
suit fertilizing the dump at Fishkill.
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336. Yeah, with a nine
millimeter in the pocket.
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337. Now, the mother said Eddie
skipped the old man's service.
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338. Maybe Peter took it personally.
Could've sent him over the edge.
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339. Or maybe talking
to his lawyer did.
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340. His wife said he ran off to a meeting
about the lawsuit after the memorial.
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341. Yeah, the nothing lawsuit
that just couldn't wait.
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342. I doubt if his lawyer will
tell us what was so pressing.
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343. Maybe the other
guy's lawyer will.
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344. How do I know why he
went to see his lawyer?
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345. I'm sure I'm not the
only thorn in his side.
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346. You were that day.
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347. You know, Lennie, we'd be
remiss if we didn't call his clients.
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348. They might want to
find another lawyer
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349. while Mr. Kaiser here is under
investigation for obstruction.
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350. Now, wait a minute.
I'd love to cooperate,
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351. but you know I can't divulge
information from my client's file.
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352. We're not asking about
privileged conversations.
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353. We just want to know what bug
you dropped in Peter Nicodos' shorts.
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354. I found a shell corporation.
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355. Gaston Inc. It was getting $10,000
a month from Nicodos Foods.
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356. I believe that's how they
diverted money to the magazine.
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357. I served a set of interrogatories
on Nicodos' attorney that morning.
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358. Here we go. Penthouse E.
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359. You'd think with 10 grand a month, Gaston
Inc. could afford a sign on the door.
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360. Not if the building
is zoned residential.
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361. Who is it?
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362. It's the police. Could you
open up the door, please?
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363. Gaston Inc.?
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364. Yes, I'm Celia Gaston.
What do you want?
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365. Well, we'd be more
comfortable inside.
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366. Excuse the mess. I just
got back from a business trip.
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367. What business is
that, Ms Gaston?
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368. I'm an interior decorator.
I have clients all over.
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369. Including Nicodos Foods?
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370. I've done some
consulting for them.
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371. Ten thousand a month? What'd
you do, redecorate their warehouse?
Copy !req
372. Peter Nicodos is a personal
friend of yours, am I right?
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373. A very generous personal friend?
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374. I don't see how that's
any of your business.
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375. Believe me, it is.
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376. What's going on?
Is Peter in trouble?
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377. If you don't mind, we'll ask
the questions, Ms. Gaston.
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378. When was the last
time you saw Peter?
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379. Three nights ago.
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380. He came by after his dad's service.
Said he couldn't see me anymore.
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381. Did he give you a reason why?
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382. It was personal.
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383. Now I think you should leave.
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384. Ms. Gaston, his brother
Eddie was shot that night.
Copy !req
385. We think he might
have been involved.
Copy !req
386. Oh, my God.
Copy !req
387. I had no idea.
Copy !req
388. One more time, Ms. Gaston.
Did he tell you anything?
Copy !req
389. If you don't cooperate, we can have you
arrested and held as a material witness.
Copy !req
390. We'd rather not do that, but...
Copy !req
391. It's because of that lawyer.
Copy !req
392. The one suing them.
Copy !req
393. Eddie told him who I was, and
the lawyer called Peter that day.
Copy !req
394. He said he had
to settle the case
Copy !req
395. or he'd tell his
family about us.
Copy !req
396. He was being blackmailed.
Copy !req
397. Nice move, Eddie.
Copy !req
398. When Peter left here, did he
tell you where he was going?
Copy !req
399. No. He was just ranting
about Eddie. He was furious.
Copy !req
400. How furious was that?
Copy !req
401. I've seen him mad at Eddie
before, but nothing like that night.
Copy !req
402. Does Peter keep a
change of clothes here?
Copy !req
403. I felt so sorry for him.
Copy !req
404. Peter had so many obligations.
Copy !req
405. That job he hates, his family.
Copy !req
406. He said when he was with
me, he could just be himself.
Copy !req
407. Looks dark blue to me.
Copy !req
408. Okay, bad news first. The
suit's a wool-cotton blend.
Copy !req
409. Fibers from the
victim are tropical wool.
Copy !req
410. And the good?
Copy !req
411. The suit had cat
hairs on the pants.
Copy !req
412. Right, the girl has a
cat. So that's good.
Copy !req
413. Well, the cat gets around.
Copy !req
414. I pulled similar cat hairs off the
same victim who had the fibers.
Copy !req
415. Nicodos might have picked up
some hairs from his girlfriend's place.
Copy !req
416. They end up on the
guy he struggled with.
Copy !req
417. You sure the hairs are the same?
Copy !req
418. I said similar. I'll have to
run tests for a positive match.
Copy !req
419. Give me a few weeks,
and I'll sign my name to it.
Copy !req
420. Similar's good enough for me. I
hope it's good enough for a judge.
Copy !req
421. Mr. Nicodos.
Copy !req
422. Excuse me.
Copy !req
423. Can't this wait? We're
going to be late for the Met.
Copy !req
424. Don't worry, it'll still be
there 25 years from now.
Copy !req
425. Peter Nicodos, you're under arrest
for the murder of Edward Nicodos.
Copy !req
426. You have the right to remain
silent. Anything you do say
Copy !req
427. can and will be used
against you in a court of law.
Copy !req
428. "Case number 830695,
People v. Peter Nicodos Jr.
Copy !req
429. "Three counts of murder
in the second degree."
Copy !req
430. I'm ready for your
plea, Mr. Nicodos.
Copy !req
431. Not guilty, Your Honor.
Copy !req
432. Your Honor, the People
ask for remand without bail.
Copy !req
433. Absurd, Your Honor.
Copy !req
434. The defendant shot
three people in cold blood.
Copy !req
435. He's wealthy, his family
owns a private plane.
Copy !req
436. He poses a
significant flight risk.
Copy !req
437. My client will gladly surrender his
passport and the keys to his plane.
Copy !req
438. He has numerous
ties to the community.
Copy !req
439. He has a wife and two small
children. He's not going anywhere.
Copy !req
440. The defendant
killed two witnesses.
Copy !req
441. He's shown how far he'll
go to avoid prosecution.
Copy !req
442. And I want him
where we can find him.
Copy !req
443. The defendant is
remanded to custody.
Copy !req
444. It's a disgrace, McCoy.
Copy !req
445. My client should be home, helping
his kids with their schoolwork.
Copy !req
446. I saw the crime scene photos. I know
how much his family means to him.
Copy !req
447. But I'm innocent. I
didn't kill anybody.
Copy !req
448. You've already learned the Rikers
Island theme song. Good for you.
Copy !req
449. I'm not dealing for anything
less than a full sentence.
Copy !req
450. You better check your cards
before you shoot the moon.
Copy !req
451. Forensics ties him
to one of the victims.
Copy !req
452. His fingerprints were on Eddie's desk.
He had access to the murder weapon.
Copy !req
453. He had opportunity and motive.
Copy !req
454. Motive being?
Copy !req
455. Thanks to his brother,
he was being blackmailed.
Copy !req
456. Well, then, he'd be angry at the people
blackmailing him, not at his brother.
Copy !req
457. Not according to Ms. Gaston.
Copy !req
458. Well, she can't
establish motive,
Copy !req
459. if she can't testify.
Copy !req
460. It's black letter law, Your
Honor, as black as it gets.
Copy !req
461. Out-of-court statements used to support
the truth of the facts stated are hearsay.
Copy !req
462. Anything my client said to
Ms. Gaston is inadmissible.
Copy !req
463. It is black letter, but you're
looking at the wrong law.
Copy !req
464. Any statement by a
defendant is an admission
Copy !req
465. and falls outside
the hearsay rules.
Copy !req
466. That would be correct if we were talking
about a statement made by the defendant,
Copy !req
467. not a statement made by a
third party to the defendant.
Copy !req
468. Ms. Gaston told the police
Copy !req
469. the plaintiff's lawyer threatened
Mr. Nicodos with blackmail.
Copy !req
470. That's hearsay.
Copy !req
471. He's right, Mr. McCoy.
Copy !req
472. The statement is excluded.
Copy !req
473. With all due respect, that
doesn't preclude her from testifying
Copy !req
474. to the defendant's
state of mind.
Copy !req
475. New packaging, same bad taste.
Copy !req
476. Her observations aren't hearsay.
Copy !req
477. She can testify that Peter Nicodos
was angry at his brother that night,
Copy !req
478. and according to her, angrier
than she'd ever seen him before.
Copy !req
479. Under extraordinary
conditions, Your Honor.
Copy !req
480. He was angry at his brother for
not attending their father's memorial.
Copy !req
481. And this will be totally
misconstrued by a jury.
Copy !req
482. Yeah, I have to agree.
Copy !req
483. Under the circumstances,
the prejudicial effect
Copy !req
484. of Ms. Gaston's testimony will
clearly outweigh its probative value.
Copy !req
485. I have no choice but to
preclude her from testifying.
Copy !req
486. Judge Hynes put
in a good day's work.
Copy !req
487. He yanks the rug out, then he
sends Peter Nicodos home for dinner.
Copy !req
488. I shared a cubicle with
Edgar Hynes, 35 years ago.
Copy !req
489. His heart didn't bleed
then. I doubt it does now.
Copy !req
490. If you lost, it was fair and
square. Look on the bright side.
Copy !req
491. He probably did you a favor.
Copy !req
492. By knocking out
our motive witness?
Copy !req
493. A woman who'd been given her walking
papers by her lover. Some witness.
Copy !req
494. Check your messages?
Copy !req
495. Rothenberg's feeling his oats.
Copy !req
496. I don't expect a call from him.
Copy !req
497. Lost the dialing
instructions on your phone?
Copy !req
498. I won't shop for a deal, Adam.
Copy !req
499. We've got the forensic evidence,
we've got the tapes from the deposition.
Copy !req
500. It won't take much
to convince a jury,
Copy !req
501. these brothers didn't
walk out of beau geste.
Copy !req
502. I was at the office 10, 12 hours
every day, and sometimes weekends.
Copy !req
503. To your knowledge, during
the weeks you worked there,
Copy !req
504. did the defendant ever
visit the magazine's offices?
Copy !req
505. No. I didn't even know Eddie had
a brother until I read it in the papers.
Copy !req
506. He never talked about him.
Copy !req
507. Earlier, we heard testimony
Copy !req
508. that the defendant's fingerprints
were found on Eddie's desk.
Copy !req
509. Now, let me ask you,
Copy !req
510. were you working late the
night before the shooting?
Copy !req
511. Yes. I was there until midnight.
Copy !req
512. Were you present when the
cleaning crew came around?
Copy !req
513. Yes. They showed up around 9:00.
Copy !req
514. Did you see them
clean Eddie's desk?
Copy !req
515. Yes. They wiped everything down.
Copy !req
516. Thank you.
Copy !req
517. Mr. Ricardi,
Copy !req
518. you have testified that during the two
short weeks you were at the magazine
Copy !req
519. you were employed as a gofer.
Copy !req
520. Now, does that mean that you
ran errands outside of the offices?
Copy !req
521. Yes. Sure, to the printers
and advertising agencies.
Copy !req
522. A lot of errands.
Copy !req
523. Isn't it possible that my client dropped
in on his brother when you were out?
Copy !req
524. Yes, it's possible, I guess.
Copy !req
525. Now, when these shootings occurred,
you were hiding in the bathroom, correct?
Copy !req
526. I wasn't hiding. I
was busy in there.
Copy !req
527. So you did not see my
client shoot anyone, did you?
Copy !req
528. No.
Copy !req
529. No more questions for
this witness, Your Honor.
Copy !req
530. The victim had powder
burns on his shirt,
Copy !req
531. and there were bruises on
the knuckles of his right hand.
Copy !req
532. What, if any, conclusions
did you make?
Copy !req
533. I concluded the victim was
engaged in a very close struggle
Copy !req
534. with his attacker
when he was shot.
Copy !req
535. Did you make any other
findings, Detective Chung?
Copy !req
536. Objection. Side bar, Your Honor?
Copy !req
537. Mr. McCoy is soliciting testimony
about cat hairs found on the victim.
Copy !req
538. If that's foundation
for this report, I object.
Copy !req
539. What's in the report, Mr. McCoy?
Copy !req
540. Forensics matched those hairs
to hairs found in the apartment
Copy !req
541. of the defendant's mistress.
Copy !req
542. Your Honor, I received
this report two days ago.
Copy !req
543. I've barely had time to skim it.
Copy !req
544. This is trial by ambush.
Copy !req
545. They got it an hour after we did,
Your Honor. Nothing was withheld.
Copy !req
546. If they need time to prepare,
we don't object to an adjournment.
Copy !req
547. Your Honor, it's not
a question of time.
Copy !req
548. Our trial strategy was founded
Copy !req
549. on the presumption the People
did not have this evidence.
Copy !req
550. The damage can't be undone.
Copy !req
551. I want this report and any
testimony thereto excluded.
Copy !req
552. Granted. Your Honor...
Copy !req
553. Mr. McCoy, you're lucky I'm not
sanctioning you for discovery violations.
Copy !req
554. Now, let's move on.
Copy !req
555. I sent Chung three memos.
Copy !req
556. He kept promising we'd
have the report before trial.
Copy !req
557. Have you finished
prepping Detective Curtis?
Copy !req
558. Yes, but he's not scheduled
to take the stand until tomorrow.
Copy !req
559. We planned to spend the rest
of today talking about cat hair.
Copy !req
560. Find him. Hynes expects
us to have a witness
Copy !req
561. by the time we get
back from lunch.
Copy !req
562. I don't know who I want to kick
most, Hynes or that lab technician.
Copy !req
563. Jack, we haven't lost the game.
Copy !req
564. Right. Just make sure
Curtis gets here in time.
Copy !req
565. The defendant's
secretary reported
Copy !req
566. that the nine millimeter handgun she
kept locked in her desk was missing.
Copy !req
567. We confirmed that the
defendant had a key to the desk.
Copy !req
568. And what can you tell us
about that missing weapon?
Copy !req
569. It was a Smith &
Wesson Ladysmith auto.
Copy !req
570. It had the same rifling as the
slugs recovered from the victims.
Copy !req
571. Six lands and grooves
with a right twist.
Copy !req
572. Thank you.
Copy !req
573. Detective, did you know
that Smith & Wesson
Copy !req
574. makes eight other
models of handguns
Copy !req
575. that produce that same
rifling as the Ladysmith?
Copy !req
576. No. Did you know that
Browning and Walther
Copy !req
577. also make handguns that
produce that same rifling?
Copy !req
578. No. Do you know how
many of these weapons
Copy !req
579. are registered in the
Five Borough area? I don't.
Copy !req
580. Well, the license division
at One Police Plaza does.
Copy !req
581. There's just over 5,000 of them,
Copy !req
582. and this is not counting
the unlicensed ones.
Copy !req
583. Did you check any of those guns to
see if they might be the murder weapon?
Copy !req
584. Mr. Nicodos didn't have access to
those weapons, so the answer is no.
Copy !req
585. No further questions.
Copy !req
586. The People rest, Your Honor.
Copy !req
587. Your Honor, pursuant to Criminal
Procedure Law, Section 290.10,
Copy !req
588. the defense moves for
a trial order of dismissal.
Copy !req
589. On the grounds that the evidence
against my client is not legally sufficient
Copy !req
590. to prove the offense charged.
Copy !req
591. Your Honor, the People have
established every element of the crime.
Copy !req
592. I don't agree, Counselor.
Copy !req
593. All counts of the indictment
against Mr. Nicodos are dismissed.
Copy !req
594. The jury is excused. I
thank them for their time.
Copy !req
595. Court is adjourned.
Copy !req
596. He as good as acquitted him.
Copy !req
597. With jeopardy attached, we
can't lay a finger on Nicodos.
Copy !req
598. Right. Blame the judge.
Copy !req
599. Adam, defense attorneys
Copy !req
600. routinely move to dismiss
and judges routinely deny it,
Copy !req
601. or they wait until
after the verdict.
Copy !req
602. Why the big rush to
let a murderer walk?
Copy !req
603. I don't see the big rush.
Copy !req
604. You barely made the case.
Copy !req
605. Because Hynes
took a chainsaw to it.
Copy !req
606. He threw out every good
piece of evidence we had.
Copy !req
607. If your Mr. McCoy wants to
rewrite the rules of evidence,
Copy !req
608. give him a pencil and
point him to Albany.
Copy !req
609. He thinks you were quick on
the draw dismissing the case.
Copy !req
610. You agree?
Copy !req
611. So, you invite me for a drink
just to kick dirt on my shoes.
Copy !req
612. The case was weak. The jury
probably would have acquitted.
Copy !req
613. You had no reason to
take them out of the loop.
Copy !req
614. Well, that's why the
ponies run at Belmont.
Copy !req
615. Everyone has an opinion,
Adam, but since I wear the robe,
Copy !req
616. mine's the only one that counts.
Copy !req
617. You're still a cocky
son of a gun, Edgar.
Copy !req
618. Whatever. You know as well as I
do I can't discuss a case with you.
Copy !req
619. That never stopped you before.
Copy !req
620. I said everything I had to
say in my order of dismissal.
Copy !req
621. I have to go.
Copy !req
622. Say hello to Jane.
Copy !req
623. Maybe we can all get together
for a sail around the Sound.
Copy !req
624. I sold the boat. Jane
filed for divorce last month.
Copy !req
625. But thanks for asking.
Copy !req
626. You wanted to see me?
Copy !req
627. People v. Carruthers, 1988.
Copy !req
628. The bell's not ringing.
Copy !req
629. One of Ben Stone's cases.
Copy !req
630. Hynes presided. Page 54.
Copy !req
631. "Defense motion to
suppress a ballistics report."
Copy !req
632. Which was turned over to the defense
the day before the expert took the stand.
Copy !req
633. Hynes let this report in.
Copy !req
634. Maybe he joined the Golden
Agers Club at the ACLU since then.
Copy !req
635. No.
Copy !req
636. No.
Copy !req
637. The last new trick he
learned was the twist.
Copy !req
638. He's predictable.
Copy !req
639. Up until a couple of days ago?
Copy !req
640. I'm afraid so.
Copy !req
641. Look into it.
Copy !req
642. Judge Smith's got a week to kill
before his time-share in Sun Valley,
Copy !req
643. I tossed him a
slam-dunk robbery.
Copy !req
644. Judge Jones wants to upscale his image,
I give him bank fraud. Happy to oblige.
Copy !req
645. You got the Nicodos Case
from Part 40? A triple homicide?
Copy !req
646. Right, right. I passed that
over to Judge Hynes in 49.
Copy !req
647. Luck of the draw?
Copy !req
648. A pair of adorable
dimples. Hynes' clerk.
Copy !req
649. He asked for the case.
Copy !req
650. Did he tell you why?
Copy !req
651. I didn't ask.
Copy !req
652. I heard Hynes is
getting divorced,
Copy !req
653. so maybe he wanted a
murder case to cheer him up.
Copy !req
654. Judge Hynes had just done
seven drug cases in a row.
Copy !req
655. He wasn't looking
forward to another one.
Copy !req
656. Did he specifically
mention the Nicodos case?
Copy !req
657. Yes. There was a
lot of publicity about it.
Copy !req
658. Am I done?
Copy !req
659. Yes. And I remind you not to
discuss this interview with anybody.
Copy !req
660. Maybe Hynes just wanted
to see his name in the papers.
Copy !req
661. By holding the door open
for a three-time killer?
Copy !req
662. That's not the kind of press a
judge wants on election day.
Copy !req
663. Somebody reached out to him.
Copy !req
664. Peter Nicodos.
Copy !req
665. He didn't just throw darts
at the judges directory.
Copy !req
666. He must have had some
connection to Hynes.
Copy !req
667. Or his lawyer does.
Copy !req
668. I'll convene a grand jury
and subpoena Hynes' records.
Copy !req
669. Even if we can prove Nicodos
bribed Hynes, it's a B Felony.
Copy !req
670. He can get a year.
Copy !req
671. Not much of a consolation
prize for three murders.
Copy !req
672. We're not just running for
second place here, Claire.
Copy !req
673. If he bribed the judge, he can't
hide behind double jeopardy.
Copy !req
674. The Constitution says he can.
Copy !req
675. I don't think the Constitution
protects rigged trials.
Copy !req
676. Find the bribe. We'll
make the argument.
Copy !req
677. I talked to the AG's office
and to the Ethics Committee.
Copy !req
678. They've never had a complaint
about Nicodos' attorney.
Copy !req
679. Well, I ran his name through
AJIS, and I talked to OCCB.
Copy !req
680. Nothing. I mean, the guy
squeaks when he walks.
Copy !req
681. A defense lawyer?
That'd be a first.
Copy !req
682. Then it's a first.
Copy !req
683. I cross-referenced
him with Hynes.
Copy !req
684. They've never even been in
the same courtroom until Nicodos.
Copy !req
685. And speaking of, we're not having
much luck putting him together with Hynes.
Copy !req
686. Different hobbies, different
tailors, different alumni clubs.
Copy !req
687. Different generations.
What about his parents?
Copy !req
688. File's pretty thin on
Peter Nicodos Sr.
Copy !req
689. You know, I saw something in here,
some bequest from the family business...
Copy !req
690. Yeah, "To Yale, in memory of
Peter Nicodos Sr., class of 1955."
Copy !req
691. What, that does
something for you?
Copy !req
692. Plenty. Hynes went to Yale.
Copy !req
693. Yeah, here, Edgar
Hynes, Class of '55.
Copy !req
694. So he and Nicodos Sr. drank
from the same keg 40 years ago.
Copy !req
695. You think he'd go to the wall
for one of his frat brother's kids?
Copy !req
696. If the price is right. What
about his bank records?
Copy !req
697. Just a lot of red ink.
Copy !req
698. A month ago, Hynes took out a second
mortgage on his house in Sand's Point.
Copy !req
699. Six hundred grand. Here,
take a look at this interest rate.
Copy !req
700. Five percent, fixed.
Copy !req
701. I had to get on my knees just
for a seven percent adjustable.
Copy !req
702. It gets better. According
to the documents,
Copy !req
703. he only has about a
200,000 equity in the house.
Copy !req
704. I don't see how this guy qualifies
for anything beyond a car loan.
Copy !req
705. Yeah, I've heard of friendly
bankers, but this sounds like love.
Copy !req
706. What did Fitzgerald write?
Copy !req
707. "The very rich are
different from you and me"?
Copy !req
708. That goes for their loans.
Copy !req
709. Judge Hynes received
a preferential rate
Copy !req
710. that we reserve for our
important customers.
Copy !req
711. Well, Gatsby would be
an important customer.
Copy !req
712. I've seen Judge Hynes' bottom
line. He's hardly in the same league.
Copy !req
713. We made our own determination.
Copy !req
714. What convinced you?
Copy !req
715. His debts or the fact that
he has virtually no equity?
Copy !req
716. Maybe there was a shortfall, but we
are entitled to make character loans.
Copy !req
717. I really don't need to justify our
banking procedures to you, Ms. Kincaid.
Copy !req
718. You'd rather justify
them to a grand jury?
Copy !req
719. I can make a phone call and
schedule you for this afternoon.
Copy !req
720. The important customer
was Elaine Nicodos.
Copy !req
721. Her family's been banking
with us for many years.
Copy !req
722. She spoke to you
about this loan?
Copy !req
723. She asked us to treat Judge
Hynes as a most favored customer.
Copy !req
724. Give him the loan at cost.
Copy !req
725. Our accountants ran the numbers.
Copy !req
726. He'll be saving a little
over $300,000 in interest.
Copy !req
727. Counting the $600,000 you
loaned him, that's quite a gift.
Copy !req
728. Let's say I got the sense
that if we didn't go along,
Copy !req
729. Mrs. Nicodos would close her accounts
and take her business elsewhere.
Copy !req
730. That we couldn't afford.
Copy !req
731. So, they keep their
money in the same bank.
Copy !req
732. So do a million other people.
Copy !req
733. Those people don't have Mrs.
Nicodos to scratch their backs.
Copy !req
734. I had no idea she
spoke to the bank.
Copy !req
735. When you saw the mortgage
papers, what did you think?
Copy !req
736. It was bargain day at
the savings and loan?
Copy !req
737. I only saw this woman once
Copy !req
738. at a class reunion 15
years ago with her husband.
Copy !req
739. I've done nothing improper.
Copy !req
740. Edgar...
Copy !req
741. No, no, this is
lunacy. It's a vendetta.
Copy !req
742. Adam.
Copy !req
743. Get rid of him.
Copy !req
744. Edgar, are you sure...
Copy !req
745. He's sure.
Copy !req
746. Turn that off.
Copy !req
747. Adam, you of all people
know this is absolute garbage.
Copy !req
748. Don't insult me, Edgar.
Copy !req
749. You believe it?
Copy !req
750. I personally
authorized the warrant.
Copy !req
751. How could you?
Copy !req
752. You're a judge,
for heaven's sake.
Copy !req
753. Think of your oath.
Copy !req
754. I thought after 35 years, you'd
give me the benefit of the doubt.
Copy !req
755. The hell with the 35 years.
Copy !req
756. You betrayed your office.
Copy !req
757. I couldn't think about that.
Copy !req
758. I was being killed
by the divorce.
Copy !req
759. Everything I worked for,
Adam. She was getting it all.
Copy !req
760. But I...
Copy !req
761. I needed the money.
Copy !req
762. Adam, can you help me here?
Copy !req
763. You're going to prison, Edgar.
Copy !req
764. Where and for how
long is up to you.
Copy !req
765. Well, tell me what
to do, I'll cooperate.
Copy !req
766. Elaine Nicodos
came to me for help.
Copy !req
767. She said that she would
square things with the bank.
Copy !req
768. If you let her son take
a walk on three murders.
Copy !req
769. Adam, they have so much money.
Copy !req
770. They would have
beaten it anyway.
Copy !req
771. Hardly the point.
Copy !req
772. You sent your troops
to arrest a woman
Copy !req
773. in front of her
own grandchildren.
Copy !req
774. And for what? Bribery?
Copy !req
775. Anybody ever tell you
you're a sore loser, McCoy?
Copy !req
776. Only when I lose,
Mr. Rothenberg.
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777. We have a statement
from the loan manager,
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778. and we have one
from Judge Hynes.
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779. Don't fault Edgar Hynes.
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780. He just took pity
on an old widow.
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781. Judge Hynes won't be the only officer of
the court facing charges, Mr. Rothenberg.
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782. I'd start thinking
about a second career.
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783. Let me make something
very clear, Mr. McCoy.
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784. No one else knew.
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785. Not Mr. Rothenberg,
and certainly not Peter.
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786. Mrs. Nicodos, you don't seem to
realize the seriousness of your actions.
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787. I used my influence to
save the son I have left.
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788. The son I might have neglected.
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789. It's the least I can do for him.
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790. Go on, punish me.
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791. But Mr. Rothenberg tells me
you can't do anything to Peter.
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792. That's all I care about.
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793. Don't be so sure your
son is out of the woods.
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794. I'm reinstating the murder
charges and ordering his arrest.
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795. What part of double
jeopardy don't you understand?
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796. I'm well acquainted with it,
Mr. Rothenberg, and it doesn't scare me.
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797. Double jeopardy was
written into the Constitution
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798. to protect citizens from repeated
attempts by the State to convict them.
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799. Finality of acquittal is the
essence of that guarantee.
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800. The Founding Fathers never intended double
jeopardy to go to the highest bidder.
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801. But it was their intent that the
State get only one bite at the apple.
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802. One fair bite.
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803. Fair is a four-letter word when
it comes to the Constitution.
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804. The deck is deliberately stacked
in favor of individual rights.
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805. There is no individual right
to profit from illegal acts.
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806. But you're asking this court to deny
one of our most closely held protections.
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807. Your Honor, jeopardy never
attached at this defendant's trial
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808. for the simple reason that
he never was in jeopardy.
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809. The judge was
bribed. The fix was in.
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810. Point well taken.
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811. Your Honor, to allow
these charges to stand
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812. penalizes my client for
the actions of a third party.
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813. He had no knowledge
of this alleged bribe.
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814. He comes into court
with clean hands.
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815. It's irrelevant.
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816. The outcome was predetermined.
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817. The process was corrupted.
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818. The defendant cannot
profit from it. Your Honor...
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819. I've heard the arguments,
Mr. Rothenberg.
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820. Double jeopardy may be sacred,
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821. but not at the expense of the
integrity of the criminal justice system.
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822. The motion to dismiss is
denied and the charges will stand.
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823. You kick the
system, Mr. Nicodos,
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824. don't be surprised when it
turns around and bites you.
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825. Don't imagine for a second that
this is the end of the road, McCoy.
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826. We plan to pursue this all
the way to the Supreme Court.
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827. It's a free country.
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828. I'll get started on our briefs just
as soon as we convict your client.
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829. Claire, signal the guard that
Mr. Nicodos is ready to return to Rikers.
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830. There was an offer on the table.
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831. Nothing less than
a full sentence.
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832. Right. Murder two, three
counts, concurrent sentences.
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833. After 25, he takes his
chances with the parole board.
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834. Your final word?
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835. Then we have nothing
left to talk about.
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836. As for Mrs. Nicodos, I plan to seek
the maximum time under the statutes.
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837. In practical terms, that's 25
years, but I'll settle for half.
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838. Is that what you want for
your children, Mr. Nicodos?
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839. To visit their grandmother in the
geriatric ward at Bedford Prison?
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840. Peter, he's blowing smoke.
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841. Mr. McCoy, I'll accept your offer if
you drop the charges against my mother.
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842. Peter, no! We can
fight this in court.
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843. Mr. McCoy?
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844. Mr. McCoy, don't listen to him.
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845. Peter, I won't
allow you to do this.
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846. You're not going to jail.
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847. Mr. McCoy, do we
have a deal or not?
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848. You got around double jeopardy.
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849. You climbed Everest in
your shorts on a very cold day.
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850. Good work.
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851. As long as we stayed
out of Appellate Court.
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852. With their bankroll, sooner or
later they would have creamed us.
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853. Yes?
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854. Thank you.
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855. They found Edgar Hynes
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856. on the beach at Sand's Point,
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857. a gunshot to the head.
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858. Bring that over here.
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