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. Hurry it up,
I don't have all night.
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7. Oh, great.
That's it, just everybody get out of their car.
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8. I think I left my compact
in the restaurant.
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9. What is that
in your hand?
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10. My pantyhose.
My legs were itchy.
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11. When did you
take those off?
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12. In the ladies' room,
before we left?
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13. Really? Did you take
anything else off?
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14. You tell me.
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15. Hey, you! You there!
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16. Did you hear that?
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17. Bobby, don't leave me here.
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18. Hey, what the hell
is going on up there?
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19. A girl just went
over the side.
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20. Oh, my God.
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21. What did he say?
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22. Somebody jumped
off the bridge.
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23. No ID on her.
Did a Brodie from up there, landed on her face.
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24. We sure she came
from up there?
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25. My men found a VW
abandoned on the ramp.
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26. Fourteen years on the job,
I still can't understand what makes them do it.
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27. Hopelessness, for one.
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28. Yeah, listen to him.
He went to college.
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29. What happened to you?
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30. Hey, sorry I'm late.
I grabbed a ride.
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31. First unit here
found the car like this,
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32. traffic zipping by,
nobody around.
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33. So who called 911?
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34. We're working on
tracing the call.
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35. Car is registered
to a Karen Whatney of Borough Park.
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36. Handbag in the car had
her driver's license.
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37. 28 years old.
Nice-looking girl.
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38. Not anymore.
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39. Detectives, we got
a woman's blouse over here.
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40. So, she's stoned on
something, she runs her car into the guard rail,
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41. peels off her shirt,
and jumps.
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42. You sign off on that,
we can all go back in.
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43. The left sleeve is ripped.
There's three buttons missing.
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44. She didn't take this off,
somebody took it off for her.
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45. 911 call said
she jumped.
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46. Maybe this somebody
also helped her off the bridge.
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47. Break out your
thermals, Wheeler. We're not going anyplace.
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48. Are you
absolutely sure it's Karen?
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49. Not 100%. Did Karen
have any distinguishing marks or scars?
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50. A little angel tattooed
on her right thigh. Her boyfriend's idea.
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51. Was she with him last night?
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52. They broke up
three months ago.
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53. Maybe she went out with
her friend Shawna Gates. She lives in the city.
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54. I don't understand
how my daughter fell off a bridge!
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55. We're not exactly
sure either.
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56. Um, when was the last time
you spoke with her?
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57. Yesterday morning.
She went for an interview.
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58. She lost her job
at WalkRite Company about six months ago.
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59. Mrs. Whatney,
did Karen ever say or do anything
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60. that would make you
think she might try to hurt herself?
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61. No. No, never.
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62. Hey, no job, no boyfriend.
I'd be singing duets with Billie Holliday.
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63. Yeah, I don't buy it.
I want to talk to her friends.
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64. Sure. So, last night,
where was everybody?
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65. One of your kids have
a medical emergency?
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66. No, Deborah took the kids
to her parents' for a few days.
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67. Just like that?
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68. Yeah, just like that.
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69. So, the girlfriend
works on the West side.
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70. We shot some pool,
then she dropped me off
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71. at my place downtown
on Henry Street.
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72. Then she went home.
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73. What time was that?
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74. Around 2:00.
I can't believe this.
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75. Was she...
Was she drinking?
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76. Maybe three beers.
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77. Any drugs? No.
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78. Her blouse was torn.
Do you know how that happened?
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79. No. It looked fine
when she left.
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80. What was her mood?
Karen ever talk about suicide?
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81. No. I mean, she was
down about not being with somebody
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82. and about her
money situation,
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83. but she said she was going
to get help with that.
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84. Oh? From who?
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85. Her old boss.
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86. She used to work for
some guy at some shoe factory in the Bronx.
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87. But he's in real estate now.
Some guy Dorning.
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88. She was expecting
a call from him.
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89. She was desperate.
She'd been looking for work for so long.
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90. She had her mother
to support. She asked me for money.
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91. I'd given her a couple
of hundred dollars in the past.
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92. Her girlfriend said
she was expecting a call back from you.
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93. Well, I don't know why.
I told Karen there wasn't anything I could do.
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94. Believe me,
I wanted to, but...
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95. The Walerstein mortgage.
I need the title report now.
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96. Sorry, Dad.
When you get a chance.
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97. Robbie, these are detectives.
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98. Karen Whatney
committed suicide last night.
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99. What?
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100. She jumped off
the Brooklyn Bridge.
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101. God. I'm sorry to hear
about that. Is there anything we can do?
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102. Your father is
taking care of it.
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103. All right.
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104. Mr. Dorning, is it normal
for your ex-employees to hit you up for money?
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105. Karen started working
for me when she was just a kid.
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106. For eight years she did
our files, practically ran the office.
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107. And then what? She quit?
Or you fired her?
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108. No, no.
The factory burned down.
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109. What are you guys
trying to insinuate here?
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110. Maybe she left over
some bad feelings, an affair.
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111. That would explain
her behavior.
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112. Mrs. Dorning
wouldn't have to know.
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113. My wife passed away
two years ago.
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114. And no, there wasn't
anything romantic between Karen and me.
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115. Tox report found
a blood alcohol level
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116. consistent with what
the friend told us.
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117. No drugs,
unless you count Midol.
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118. Midol. That tells
you something.
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119. She jumped because
it was her time of the month?
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120. I really hope you come up
with a better reason
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121. before you go home
to your cave tonight.
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122. M.E. found bruises on
her left arm inconsistent with the fall.
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123. Same arm the
blouse was ripped.
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124. Now that tells me something.
Van Buren.
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125. Okay. Yeah, thanks.
They traced the 911 call.
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126. I was with my wife.
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127. I mean, we didn't
feel like hanging around the bridge, in the cold,
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128. just to say
we didn't see anything.
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129. But I called 911.
I did my part.
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130. And we appreciate that.
But how do you know a girl jumped if you didn't see it?
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131. There were cars
stopped in front of me.
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132. Some black guy said he saw
a girl go over the side. I just made an assumption.
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133. So, you didn't
actually see anything?
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134. I saw some people
get out of their cars. I heard some shouts.
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135. And this guy,
what kind of car was he driving?
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136. A maroon Volvo. I didn't
look at the license plate or anything like that.
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137. And the other cars?
You notice any of them?
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138. Yeah. A newspaper truck.
I think it was the Daily News.
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139. I was going to Brooklyn
to deliver the Sports final.
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140. Same as the night before,
and same as tonight.
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141. I lead a very
eventful life.
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142. Yeah, well, that night
some girl took a header off the bridge ramp.
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143. Yeah, I saw
something about that on TV.
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144. Yeah, somebody said
your truck was right there when it happened.
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145. Come on, look what
I got to move in a night.
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146. You think I got time
to rubberneck.
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147. So, your story is,
you didn't see anything.
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148. Right. All these morons
were stopping their cars.
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149. I'm trying to
get around them.
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150. Well, you must have
looked to see why they were stopping.
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151. Because this loony chick
was running around in a bra.
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152. There's a lot of that
at 2:00 in the morning.
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153. Was anyone with her?
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154. Maybe a dozen people.
I couldn't make out what was going on.
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155. Maybe they were trying
to talk her out of jumping.
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156. It never occurred to you
to report this?
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157. Well, there were other
people there knew more about it than me.
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158. Well, if you know
any of their names, by all means tell us.
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159. There was this green 4x4
from the Parks department.
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160. It stopped dead
in front of me.
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161. Guy and a girl
in the front seat
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162. looked like they
were enjoying the show.
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163. Tuesday night?
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164. No, nothing
special jumps out.
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165. The guy who runs
your motor pool says
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166. you brought your truck back
three hours late,
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167. and you told him you
were stuck in the mud on Randall's Island.
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168. Oh, yeah, that's right.
That was a bitch.
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169. You married, Mr. Marsh?
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170. Yeah.
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171. And you were at
Randall's Island all by yourself?
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172. No. It was me
and an owl.
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173. That's funny, because
somebody said they saw you on the Brooklyn Bridge
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174. with a female human
passenger right around the same time.
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175. I wasn't on the bridge.
I was by myself.
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176. You mean you weren't
with your wife.
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177. Hey, we don't need to pry
into your private business, Mr. Marsh.
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178. What we do need to
know is what you saw on the bridge.
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179. I was on Randall's Island.
I don't have anything more to say about it.
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180. Whoever was with him,
it wasn't his grandmother.
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181. Marsh was on
the bridge all right,
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182. but proving it
could cost him his job and his marriage.
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183. What's with Rey?
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184. I don't know.
He's your partner.
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185. Maybe you ought to remind
him of that. He doesn't say squat to me.
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186. Everything okay?
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187. Yeah. Deborah says hi.
So, what do you want to do?
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188. Put an ad in the newspaper,
"Witnesses wanted, flexible hours"?
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189. The newspaper truck driver,
he's on the bridge same time every night?
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190. Give or take.
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191. How many more are
regulars like him?
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192. We could throw up
a roadblock and find out.
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193. And let's get
the truck driver and Mr. Marsh in here.
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194. We got an anesthesiologist
from St. Vincent's.
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195. She was on the bridge
Tuesday night.
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196. She says she drove right
past the whole commotion. Mmm-hmm.
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197. And the other one?
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198. Maitre d' from Nora's.
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199. Put them in
Interrogation One.
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200. Lieutenant,
this is Mr. Styles.
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201. He's a computer programmer,
and he drives a maroon Volvo.
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202. Welcome to our party,
Mr. Styles.
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203. Please.
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204. I really didn't
get a good look.
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205. A girl was screaming,
but I couldn't see what was going on.
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206. You told someone
she went over the side.
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207. I don't know about that.
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208. What is it, Mr. Styles?
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209. Are you scared
or ashamed you didn't do anything?
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210. As you can see,
you're not the only one.
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211. What about you?
What did you see?
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212. Well, by the time
I got there, it was over. Everyone was gone.
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213. Look, I have a busy
schedule tomorrow.
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214. If you don't let me leave,
the Deputy Mayor is going to hear about it.
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215. What about you, Romeo?
You had ringside seats.
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216. I was not there.
I told you that.
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217. He was there.
In the green truck. I recognize him.
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218. I'm sorry,
but you're wrong.
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219. He had a Spanish girl
in the seat next to him.
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220. A Spanish girl?
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221. Back off.
He doesn't know what he's talking about.
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222. Your wife's home cooking
not good enough these days?
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223. You know,
maybe we ought to break the news to her.
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224. In fact, I think
I've got your home number right here.
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225. What are you doing?
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226. 718 area, right?
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227. Hey!
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228. I bet your girlfriend
can teach your wife some hot, new dishes.
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229. He can't do this. Rey.
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230. It's ringing. Give me that.
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231. You better
start talking, or I swear
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232. I'm going to put your name
out to the papers.
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233. Everyone will know
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234. what kind of lowlife
coward you are. Rey.
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235. How you don't have the
decency or the guts to be a witness for that girl.
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236. Rey, let him go.
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237. Come on, come on, come on.
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238. What the hell is
the matter with you?
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239. You think I'm just
going to stand by, let these people lie to us.
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240. That's not what
this is about.
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241. Oh, it's not?
What's it about, then?
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242. You tell me.
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243. She left me, Lennie.
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244. She took the kids
and split. She wants me out of the house.
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245. Why? What happened?
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246. I broke my vows with
this girl in the park. Just a one-time thing.
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247. How did Deborah
find out?
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248. I told her.
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249. Your second mistake.
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250. You know, my old man
used to chase women all the time.
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251. I swore I'd never
be like him, but...
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252. Listen, why don't you
bag it for tonight, huh?
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253. No. No, just give me
a couple of minutes.
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254. Hey, when you
come back in there,
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255. you put that temper of
yours in your pocket.
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256. You got that?
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257. Dr. Shamsky wants to know
if we're serious
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258. about releasing
their names to the media.
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259. Well, the story is
going to come out.
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260. Just depends on how
they want it to read.
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261. Never mind your friends
or what the D.A. thinks,
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262. do you want this hanging
over your head for the rest of your life?
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263. She was being chased
by this very big man.
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264. A white man
with dark hair.
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265. He ripped her shirt off.
She was screaming.
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266. It looked like
they were fighting.
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267. Did she know this man?
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268. I don't know. She climbed
over the side to get away.
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269. She was terrified.
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270. It all happened so fast.
I couldn't believe it. She just jumped.
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271. He didn't push her?
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272. No, sir. I think
she jumped to get away from him. He was a lunatic.
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273. He looked right at us
after she jumped.
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274. I thought he was
going to come after me.
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275. Who saw him leave?
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276. I did. He drove off
in a green LTD. I don't know what year.
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277. Did anyone see
how it started?
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278. You don't need
my friend's name, right?
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279. No, we don't.
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280. They were in front of me.
The VW and the LTD.
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281. She might have cut
him off, I'm not sure, but they banged fenders.
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282. The guy got out,
real ticked off.
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283. This was a traffic accident?
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284. Yeah. The guy was
screaming at her to get out of her car.
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285. He got her door open
and dragged her out by her hair.
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286. She ran away from him,
past my truck.
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287. Used to be,
you cut somebody off, they flipped you the bird.
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288. Now they chase you,
beat you up.
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289. Why not? Who's going
to stop them? You?
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290. From the looks of it,
they consider driving a contact sport.
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291. That's the damage
from the guard rail, and over here,
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292. fresh green
paint from the LTD. '86, '87 model.
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293. Yeah, I suppose there's
more than one of those in the city.
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294. 2,068. That's in
the five boroughs.
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295. What about this
green paint here? Same vintage?
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296. Yeah. She must have
hit the LTD twice.
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297. Our witnesses all said
there was only one accident, on this side.
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298. Maybe Whatney and
the LTD traded paint
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299. before they got
to the bridge.
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300. Thanks. Yeah, she
dropped her friend off at Henry Street,
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301. 10 blocks from the bridge.
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302. That's a lot
of doorbells.
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303. What, you'd rather
make 2,068 phone calls?
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304. I would have called
it in myself, you see,
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305. but it was 2:00
in the morning.
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306. I thought the best thing
to do would be
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307. to leave a note
on Mr. Krutsky's car.
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308. Well, you're a rare citizen,
Mr. Cromwell.
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309. Why don't you tell us
what happened.
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310. I work security,
4:00 to midnight.
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311. I was walking home
when I heard the crash.
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312. The LTD and
the Volkswagen?
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313. That's it. The little car
rear-ended the Ford
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314. and slid off into
Mr. Krutsky's parked car.
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315. Did the drivers
get out?
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316. Just the one in the Ford.
Big white guy.
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317. Scared the white girl
in the little car a lot.
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318. What did she do?
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319. Well, she cut around him
and took a left at Madison Street.
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320. He took off after her.
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321. I tried to get their numbers,
but I only could get the first three of the Ford.
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322. T-P-6. I could have got
the whole thing, but it all happened so fast.
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323. Thanks.
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324. Hey, I know a guy in
the 83, lost an eye doing that.
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325. You live in
this building? Yeah.
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326. You know
a Mike McDugan?
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327. Who? Crazy Mike?
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328. Yeah, he drives
a green LTD.
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329. No, that's his old
man's car. Mike Senior. He's a cripple.
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330. He gets around
seeing as nobody's home.
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331. It's Thursday. Crazy Mike
usually takes him over to Manny's on Eastchester.
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332. You guys going to
put Crazy Mike away?
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333. Does he need
putting away?
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334. Nobody around here
would stop you.
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335. You know, he chased
my 14-year-old grandson up a flight of stairs,
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336. knocked him around.
A grown man. He's a menace.
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337. You Mike McDugan?
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338. If you're looking
for Mike McDugan, that's me.
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339. Yeah, thanks, Pop,
but we want to talk to Sonny Boy here.
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340. You guys got
nothing better to do?
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341. Hey, shut up.
Is that your LTD out front?
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342. MIKE SR.: No, that's my car.
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343. Yeah, sure it is,
Mr. McDugan.
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344. Mike, we want you
to come with us.
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345. You don't got to
do nothing, Mike.
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346. Now, you're coming
one way or another.
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347. They say I don't have to.
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348. And don't talk
to them, Mike.
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349. If they want to talk,
you let them arrest you.
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350. Fine, now you're
under arrest.
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351. I didn't do nothing.
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352. You assaulted
Karen Whatney.
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353. Now what do I do?
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354. Now you want to
keep your mouth shut.
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355. "Docket number 454320.
People v. Michael L. McDugan.
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356. "Charged with Murder
in the Second Degree
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357. "and Assault in
the First Degree."
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358. What, they're saying
it's murder?
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359. Let's get your plea
first, Mr. McDugan.
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360. I'm not guilty.
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361. The People ask bail of
half a million, Your Honor.
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362. That's way out
of line, Your Honor.
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363. This is at best
an assault case.
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364. The defendant terrorized
a 28-year-old woman in the dead of night
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365. on a bridge ramp
and with depraved indifference
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366. caused her death.
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367. The deceased
jumped off a bridge on her own. Period.
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368. She jumped to get away
from Mr. McDugan. He didn't have to push her.
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369. She chose to die,
Your Honor.
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370. My client isn't
accountable for the actions of a disturbed individual.
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371. Ms. Ross, it sounds
like you're conceding Mr. McDugan didn't push her.
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372. He may not have
physically pushed her, Your Honor, but...
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373. But what?
He levitated her?
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374. Thank your lucky stars
I'm not the trial judge. Bail is $100,000.
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375. Some choice,
a 40-foot fall or a beating by a thug.
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376. You certainly had
the arraignment judge eating out of your hand.
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377. Good luck
with the Grand Jury.
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378. Give them the chance to
indict a public menace like Mike McDugan for murder,
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379. they'll jump at it.
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380. Public menace?
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381. Five arrests for assault,
two convictions.
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382. He's a bully.
His neighbors have a book on him.
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383. We picked him up
in a known policy hangout.
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384. I'm sure it's where
he gets most of his work.
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385. You know you can't
mention prior bad acts
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386. or associates to
the Grand Jury.
Copy !req
387. Fine. I'll amend
the charges to reckless driving.
Copy !req
388. Then I'll sign us up
for a 12-step program for underachievers.
Copy !req
389. Ms. Ross, this just
came by messenger.
Copy !req
390. Thank you.
Copy !req
391. It's from McDugan's lawyer.
Cross notice.
Copy !req
392. He's putting his client
in front of the Grand Jury.
Copy !req
393. Gutsy move.
It shows them he has nothing to hide.
Copy !req
394. Fine. I want them to see
what Karen Whatney was running from.
Copy !req
395. Throw the book at him.
Copy !req
396. The Grand Jury throws
it back, don't get hit in the head.
Copy !req
397. It was my father's car.
He was a longshoreman before he got crippled.
Copy !req
398. I was driving it downtown
when this woman rear-ends me.
Copy !req
399. I go to get her
insurance information. She won't get out.
Copy !req
400. She won't even
open a window.
Copy !req
401. So, I'm thinking, what the
hell is my old man going to say when he sees his car?
Copy !req
402. And then she drove off,
she left the scene of the accident.
Copy !req
403. That really pissed me off,
Copy !req
404. so I chased her
to the bridge and I made her stop.
Copy !req
405. Now, I made her
get out of the car. She still wouldn't cooperate.
Copy !req
406. I thought she was drunk.
That's why she drove off,
Copy !req
407. she didn't want to get
in trouble for driving under the influence.
Copy !req
408. Mr. McDugan,
please don't speculate as to her motives.
Copy !req
409. I'm sorry.
Copy !req
410. Now, I got to admit,
I was mad.
Copy !req
411. I was yelling
and cursing at her.
Copy !req
412. Who wouldn't? And then,
when she ran off, I grabbed at her,
Copy !req
413. but the shirt
tore off in my hand.
Copy !req
414. She got up and
climbed over the wall. I tried to stop her.
Copy !req
415. Mr. McDugan,
after you caught up to Miss Whatney,
Copy !req
416. why didn't you just
wait for the police?
Copy !req
417. She was trying to
run away from the scene
Copy !req
418. of an accident.
I had to stop her.
Copy !req
419. Weren't you mad at her?
Copy !req
420. Didn't you want to
punish her for damaging your father's car?
Copy !req
421. A bunch of people watching?
What, do you think I'm nuts?
Copy !req
422. I don't know you,
Mr. McDugan.
Copy !req
423. But don't your neighbors
have a nickname for you?
Copy !req
424. They call you Crazy Mike,
isn't that right?
Copy !req
425. Yeah, I've heard that.
Copy !req
426. Why do they call you
Crazy Mike?
Copy !req
427. I don't know why, Ms. Ross.
You'd have to ask them.
Copy !req
428. It's because you
like to beat people up, isn't it?
Copy !req
429. No.
Copy !req
430. In fact, that's why you
pursued Miss Whatney onto the bridge,
Copy !req
431. to beat her up,
isn't that right?
Copy !req
432. I would never do
anything like that.
Copy !req
433. You wouldn't?
In 1994, weren't you convicted of assault?
Copy !req
434. You can't mention that.You're out of line,
Mr. DiMarco.
Copy !req
435. I instruct you
to keep quiet.
Copy !req
436. You asked
an improper question.
Copy !req
437. You open your mouth again,
I'll have you removed.
Copy !req
438. You keep asking questions
like that one
Copy !req
439. and I'll have... Take Mr. DiMarco outside.
Copy !req
440. Make this quick.
Copy !req
441. She has no right to
bring up his prior acts.
Copy !req
442. My question went to
credibility, Your Honor.
Copy !req
443. Mr. DiMarco's client
claimed he never assaulted anyone.
Copy !req
444. He said he never assaulted
a complete stranger over a traffic accident.
Copy !req
445. There's nothing
in his record that contradicts that.
Copy !req
446. Other than the fact
he's a violent predicate felon.
Copy !req
447. And you want the Grand Jury
to indict him for that reason?
Copy !req
448. No, I want him indicted
because he committed the crime he's charged with.
Copy !req
449. Well, then stick to
the facts of that crime, and leave his priors out.
Copy !req
450. You'll instruct
the Grand Jury to disregard your question.
Copy !req
451. Mr. McDugan was yelling
at her to get out. All of a sudden,
Copy !req
452. the girl shoved
the door open, right into him.
Copy !req
453. She got out
and tried to hit him.
Copy !req
454. Mr. Marsh, you told
the police Mr. McDugan
Copy !req
455. pulled her out of
the car by her hair.
Copy !req
456. Actually, she fell out
of the car right into him.
Copy !req
457. He must have grabbed
her hair to keep her from falling down.
Copy !req
458. Really? Yes.
Copy !req
459. Then she wriggled away
from him, ran right past my truck.
Copy !req
460. She looked to me
like she was drunk. I definitely smelled beer.
Copy !req
461. You told the police
you never got out of your truck.
Copy !req
462. How could you
smell anything?
Copy !req
463. I had my window open.
She wasn't more than six inches away from me.
Copy !req
464. Mr. Marsh, I'm confused.
You never told any of this to the police.
Copy !req
465. Look, it was 2:00 in
the morning when they interrogated me.
Copy !req
466. I told them what
they wanted to hear so I could go home.
Copy !req
467. Do you know what
perjury is, Mr. Marsh?
Copy !req
468. I'm not lying, Ms. Ross.
That girl was drunk.
Copy !req
469. Marsh changed his story.
All of a sudden,
Copy !req
470. Karen Whatney is
a drunk running from the scene of an accident.
Copy !req
471. McDugan got to him?
Copy !req
472. They don't call
him Crazy Mike because he sells discount stereos.
Copy !req
473. You can't keep
a Grand Jury waiting
Copy !req
474. while you
investigate perjury.
Copy !req
475. I'm thinking about
withdrawing it from their consideration.
Copy !req
476. We can always
go back later.
Copy !req
477. You're aware that
a judge can keep us from resubmitting the case?
Copy !req
478. I know, but as it is,
the Grand Jury
Copy !req
479. could indict McDugan
for simple assault.
Copy !req
480. Or not indict him at all.
Copy !req
481. I don't know
what to do, Jack.
Copy !req
482. What?
Copy !req
483. I'm enjoying the moment.
Fleeting as it is.
Copy !req
484. I'm serious.
Copy !req
485. Let them vote or
withdraw the case. Go with your gut.
Copy !req
486. Third Degree Assault.
A misdemeanor.
Copy !req
487. Mrs. Marsh, did your
husband discuss his testimony with anybody
Copy !req
488. before he talked
to the Grand Jury?
Copy !req
489. Ms. Ross at the District
Attorney's office. Is he in trouble?
Copy !req
490. Not with us. Did he
get any unusual phone calls or visits?
Copy !req
491. There were some hang-ups.
And he got a couple of calls at night.
Copy !req
492. Do you know
what they were about?
Copy !req
493. No. He took the calls
in the other room,
Copy !req
494. and then he went out
for a half hour.
Copy !req
495. For a walk, he said.
Copy !req
496. And what did you think?
Copy !req
497. I thought it might be
a woman, but it wasn't.
Copy !req
498. How could you
be so sure?
Copy !req
499. Because when he went out,
I went to the phone and dialed star 69,
Copy !req
500. to call the party back,
and both times a man answered.
Copy !req
501. Do you remember
when these calls occurred?
Copy !req
502. During the 11:00 news.
Copy !req
503. George, they're
from the police.
Copy !req
504. Yeah, I know who they are.
You can leave now.
Copy !req
505. Mr. Marsh, if someone
is threatening you to change your testimony,
Copy !req
506. we can protect you.
Copy !req
507. I've got nothing to say.
Copy !req
508. Phone company faxed
the LUDs from Marsh's place.
Copy !req
509. Two calls to a number
in Riverdale.
Copy !req
510. One at 11:17,
the other one the next night at 11:06.
Copy !req
511. Nancy Leary?
Copy !req
512. Maybe she's got
a real deep voice.
Copy !req
513. This I got to see.
Copy !req
514. Whenever you're ready.
Copy !req
515. Hey, Lennie, I almost forgot.
It's my sister's number.
Copy !req
516. I'm going to be staying there
till I get my own place.
Copy !req
517. Rey, I'm sorry.
Copy !req
518. Yeah. Nothing is
carved in stone. It's wait-and-see.
Copy !req
519. Right. It'll work out.
Copy !req
520. Miss Leary is at work.
She works the front desk at the Meridien.
Copy !req
521. Does she live with
a man? A boyfriend?
Copy !req
522. No. I tried to set
her up with my nephew. She told me she was celibate.
Copy !req
523. You'd never know
from looking at her.
Copy !req
524. She lives in 304? That's right.
Copy !req
525. This is addressed
to a Thomas Randall in 304. Who's he?
Copy !req
526. Tommy.
That's her 10-year-old.
Copy !req
527. Oh, Randall is
the father's name?
Copy !req
528. That's right.
Dave Randall.
Copy !req
529. He comes over, you know,
just to look after the boy when she works nights.
Copy !req
530. Dave Randall,
AKA Randall the Candle.
Copy !req
531. Gee, I wonder what
he does for a living.
Copy !req
532. Hardly a success story.
Copy !req
533. Two convictions for arson
and one for possession of an incendiary device.
Copy !req
534. In 1993, he used junk
mail as kindling to set a Cadillac on fire.
Copy !req
535. I know the punchline.
They found his address in the ashes.
Copy !req
536. He served 18 months in
Altona in a dorm with "Crazy" Mike McDugan.
Copy !req
537. An arsonist
and an enforcer. Quite a team.
Copy !req
538. Karen Whatney picked
the wrong car to hit.
Copy !req
539. Didn't she used to work
in a shoe factory?
Copy !req
540. WalkRite, in the Bronx.
I think they closed down six months ago.
Copy !req
541. Do we know why?
Copy !req
542. WalkRite stunk
of arson for profit.
Copy !req
543. We went through their
books with a tweezer.
Copy !req
544. They hadn't turned
a profit in five years.
Copy !req
545. WalkRite was on
the verge of bankruptcy?
Copy !req
546. Past the verge.
The owner, Harold Dorning, had a choice,
Copy !req
547. hand the keys
over to the bank
Copy !req
548. or sell his factory to
the insurance company.
Copy !req
549. Did the name Dave Randall
ever come up?
Copy !req
550. Who? Randall the Candle?
Copy !req
551. No, I never heard of him.
Copy !req
552. Hey, look, we had
five fires on the same block this past year.
Copy !req
553. Kids and homeless
trying to stay warm.
Copy !req
554. So you wrote it up
as arson by vandalism.
Copy !req
555. Yeah, pending
further evidence.
Copy !req
556. Is it true the man
who killed her,
Copy !req
557. that he might only
spend a year in jail?
Copy !req
558. Not if we have
anything to do with it.
Copy !req
559. Mrs. Whatney,
did Karen ever say anything to you
Copy !req
560. about the fire
at the factory?
Copy !req
561. Just that she was sorry
that Mr. Dorning lost his business. Why?
Copy !req
562. The police think
it was arson.
Copy !req
563. I thought it was kids.
Copy !req
564. The police suspect
Mr. Dorning may have
Copy !req
565. been mixed up
with insurance fraud.
Copy !req
566. If Karen knew something
and Mr. Dorning found out...
Copy !req
567. Did she ever say
anything to you?
Copy !req
568. No. No, but she
may have known.
Copy !req
569. Why do you say that?
Copy !req
570. I thought it was lucky
that she brought it home.
Copy !req
571. Brought what home?
Copy !req
572. The keepsake album.
For her grandmother.
Copy !req
573. She was working on it
at work every day during her lunch hour.
Copy !req
574. I'm not sure I follow.
Copy !req
575. She brought it home
the night before the factory burned down.
Copy !req
576. Karen Whatney
had lunch with Dorning.
Copy !req
577. I think she threatened
to go to the police unless he gave her money.
Copy !req
578. A few days later,
she's dead.
Copy !req
579. Harold Dorning to
Randall the Candle to Crazy Mike.
Copy !req
580. And who has evidence
of this conspiracy? Mack the Knife?
Copy !req
581. We have the phone calls
from Randall's girlfriend's house
Copy !req
582. to the witness
who perjured himself.
Copy !req
583. We have the arson
squad's informed opinion that the fire wasn't set...
Copy !req
584. In other words, nothing.
Copy !req
585. Better find a crack
in the wall or nobody is going to jail.
Copy !req
586. This was Dorning's show.
He's the one we want.
Copy !req
587. Then start with
the other two. Offer them a deal.
Copy !req
588. The broad hit me.
It was an accident.
Copy !req
589. I don't know from arson,
this guy Randall,
Copy !req
590. or anything else.
It's all just a fluke.
Copy !req
591. Michael, sit down.
Copy !req
592. You're just a hat in
the wind, is that it, Mr. McDugan?
Copy !req
593. You blow from one
coincidence to another.
Copy !req
594. Mr. McCoy, I could throw
a rock out that window
Copy !req
595. and hit somebody
who knows somebody
Copy !req
596. who knows a friend
of my client.
Copy !req
597. Doesn't add up
to a conspiracy.
Copy !req
598. It'll add up
to murder one
Copy !req
599. once we represent the case
to the Grand Jury.
Copy !req
600. I thought we were
all done with that. We are.
Copy !req
601. Not by a long shot.
I'm offering you and Randall the same deal.
Copy !req
602. You testify against
Mr. Dorning,
Copy !req
603. you plead murder two,
you get 15-to-life.
Copy !req
604. I knew coming here
was a waste of time. Come, Michael.
Copy !req
605. My offer is good
for one customer only.
Copy !req
606. You or Randall.
I don't care which.
Copy !req
607. We'll talk
about it outside.
Copy !req
608. My kid is 10.
So he makes crank calls? So what?
Copy !req
609. Your kid made
a 12-minute crank call to a City Parks worker?
Copy !req
610. I can't watch him
every second.
Copy !req
611. I'll tell you what,
starting tonight, no video games for a week.
Copy !req
612. And no Daddy.
Copy !req
613. You and Mike McDugan
killed a witness to an arson, Dave.
Copy !req
614. That puts you on a table
with a needle in your arm.
Copy !req
615. Oh, really?
Copy !req
616. I must have been out
of the room when you charged me with murder.
Copy !req
617. That will happen
as soon as your friend
Copy !req
618. Crazy Mike rolls
on you and Dorning.
Copy !req
619. First of all,
I don't know this McDugan.
Copy !req
620. You were bunk-mates
in Altona.
Copy !req
621. Him and 100 other tube
steaks I don't invite to Christmas dinner.
Copy !req
622. Anyway, all you got on him
is assault three. A lousy misdemeanor.
Copy !req
623. Tomorrow I'm asking
the Grand Jury to re-indict for murder one.
Copy !req
624. You ever hear of
the domino theory, Dave?
Copy !req
625. I'll tell you what
I told him this morning.
Copy !req
626. First one to raise
his hand gets to plead
Copy !req
627. to murder two
and serve 15-to-life.
Copy !req
628. Hey, plead this.
Copy !req
629. Get up.
Copy !req
630. He's fooling himself
if he thinks we're bluffing.
Copy !req
631. The joke may be on us.
Copy !req
632. McDugan's lawyer
just sent this over to the office.
Copy !req
633. He's moving to keep us
from going back to the Grand Jury.
Copy !req
634. The Grand Jury already
heard the evidence against my client.
Copy !req
635. They've already
voted on a charge.
Copy !req
636. Mr. McCoy
has nothing new to tell them.
Copy !req
637. Unless you count
a new motive, new accomplices.
Copy !req
638. You peel back the theories,
the conjectures, and the assumptions,
Copy !req
639. and what you're left with
is a sore loser.
Copy !req
640. Hey, put a lid on it,
Mr. DiMarco.
Copy !req
641. Mr. McCoy, your...
Your affidavit is light on evidence.
Copy !req
642. I mean, the Grand Jury
voted that Mr. McDugan
Copy !req
643. is not directly responsible
for Miss Whatney's death.
Copy !req
644. We believe their
decision was the result
Copy !req
645. of collusion between
the defendant and a witness.
Copy !req
646. Under People v. Potter,
that's grounds to resubmit the charges.
Copy !req
647. So you have evidence
that we tampered with a witness?
Copy !req
648. I must have
a page missing.
Copy !req
649. I'm sorry, Mr. McCoy.
Copy !req
650. I don't see how
I can grant you leave
Copy !req
651. to resubmit to
the Grand Jury.
Copy !req
652. Your Honor, this conspiracy
is shut tight.
Copy !req
653. The only way to
pry anything loose is with an indictment.
Copy !req
654. I'm not here to
help you make cases, Mr. McCoy.
Copy !req
655. You're tying my hands.
Copy !req
656. I'm within my discretion.
The defense motion is granted.
Copy !req
657. We'll never make any
headway with either McDugan or Randall
Copy !req
658. without
a murder indictment.
Copy !req
659. Maybe it's time you
knocked on Dorning's door.
Copy !req
660. And ask him if he would
please like to confess?
Copy !req
661. I'm sure that
Mr. Randall the Candle doesn't work pro bono.
Copy !req
662. Dorning must have
paid him something for his services.
Copy !req
663. The Arson Squad
already looked into Dorning's finances.
Copy !req
664. They didn't
find anything.
Copy !req
665. Six months ago.
Maybe these crooks work on a layaway plan.
Copy !req
666. You'll need more than
this piece of paper to
Copy !req
667. explain to me
what the hell is going on here.
Copy !req
668. Does your father
have signing authority
Copy !req
669. over any of your
company's accounts?
Copy !req
670. There's the, uh,
petty cash account.
Copy !req
671. We'll need your
records, too.
Copy !req
672. I can't
believe this bull.
Copy !req
673. I mean, why... Robbie, what are they doing?
Copy !req
674. I don't know, Dad.
You tell me, huh?
Copy !req
675. Can someone
answer the damn phones, please?
Copy !req
676. What's this about? It's all in the warrant.
Copy !req
677. Now, would you please
stay outside the room?
Copy !req
678. Seems after Dorning
paid off his creditors,
Copy !req
679. he used every cent
from the fire insurance
Copy !req
680. to help his son buy
the mortgage company.
Copy !req
681. Smart move.
Hey, here's something.
Copy !req
682. For the last four months,
Dorning has been drawing
Copy !req
683. a commission check
every two weeks.
Copy !req
684. Then in the last month,
he drew two checks
Copy !req
685. within a few days
of each other.
Copy !req
686. He could have
had a good month.
Copy !req
687. Look at the dates
on the checks.
Copy !req
688. Dad works hard.
He earned those commissions.
Copy !req
689. Any special reason
he didn't wait for his regular pay date?
Copy !req
690. He needed an advance.
Copy !req
691. What for?
Copy !req
692. He's my father. He had
his ass handed to him a couple of months ago.
Copy !req
693. He says he needs money,
I give it to him.
Copy !req
694. The first check,
in the amount of $5,000,
Copy !req
695. is dated the day
before Karen Whatney went off the bridge.
Copy !req
696. The second check,
in the same amount, is dated the day after.
Copy !req
697. I'll tell you, okay?
Copy !req
698. Before the fire,
Dad borrowed from a shylock. The guy was leaning on him.
Copy !req
699. Mr. Dorning,
stop lying for him.
Copy !req
700. He didn't have anything
to do with Karen's death.
Copy !req
701. She knew about the arson.
Copy !req
702. There was nothing to know.
It was vandals. Ask the fire marshal.
Copy !req
703. They've reopened the case.
They know who the arsonist was,
Copy !req
704. and they'll prove your
father was behind it.
Copy !req
705. You know
what happens next?
Copy !req
706. The insurance company
comes looking for its money.
Copy !req
707. They'll seize this business.
Copy !req
708. This is my business.
They just can't take it away.
Copy !req
709. What they don't take,
we will, as proceeds of a crime.
Copy !req
710. I have 35 employees here.
Copy !req
711. You cooperate,
you just might save their jobs.
Copy !req
712. Here's my card.
Give us a call.
Copy !req
713. The underwriters
agreed to a schedule
Copy !req
714. allowing my client
to pay back the insurance money.
Copy !req
715. The caveat being
he testifies against his father.
Copy !req
716. I appreciate this
wasn't an easy decision for you, Mr. Dorning.
Copy !req
717. We have conditions
of our own.
Copy !req
718. You waive prosecution
of my client
Copy !req
719. for any accessorial
conduct after the fact,
Copy !req
720. and you waive seizure
of his mortgage company.
Copy !req
721. We can live with that.
Copy !req
722. That's not all. I would
like some consideration for my father.
Copy !req
723. I can't make
any promises.
Copy !req
724. He was in deep trouble
with his factory.
Copy !req
725. I'm sure he didn't mean
for anyone to get hurt.
Copy !req
726. If he accepts a plea,
I'll make a sentence recommendation.
Copy !req
727. Well, after Dad
had lunch with Karen,
Copy !req
728. he told me that
she was trying to extort him.
Copy !req
729. She wanted $10,000
or she would tell the police about the fire.
Copy !req
730. I told him he was
worried over nothing,
Copy !req
731. that she was just
shooting her mouth off.
Copy !req
732. Your father
thought differently?
Copy !req
733. He said she could hurt us.
Copy !req
734. He told me that he
had hired someone to burn down the factory.
Copy !req
735. I was stunned, I...
Copy !req
736. You never suspected him?
Copy !req
737. It crossed my mind, sure.
Copy !req
738. The business was
circling the drain.
Copy !req
739. I warned Dad
years ago to get out,
Copy !req
740. but he's stubborn.
Copy !req
741. What did he decide
to do about Karen?
Copy !req
742. I told him
he should pay her.
Copy !req
743. I didn't want to lose
my mortgage business.
Copy !req
744. I cut him two checks.
Copy !req
745. He use the money
to pay her off?
Copy !req
746. I don't know.
Copy !req
747. He was afraid
to go to jail.
Copy !req
748. When he told me
she committed suicide, I...
Copy !req
749. I didn't know
what to think.
Copy !req
750. Mr. Dorning? What do you want?
Copy !req
751. You mind coming with us?What for?
Copy !req
752. Harold Dorning,
you're under arrest for arson
Copy !req
753. and for the murder
of Karen Whatney.
Copy !req
754. That's crazy.
Let go of me. Stop moving.
Copy !req
755. What? You're hurting me.
Copy !req
756. Hey, we wouldn't want
to do that, now would we?
Copy !req
757. The police picked up
Dorning and McDugan,
Copy !req
758. but Randall is
nowhere to be found.
Copy !req
759. They check his girlfriend's?
Copy !req
760. She says
she hasn't seen him.
Copy !req
761. They posted a car
outside her house and put a tap on her phone.
Copy !req
762. Without Randall
it'll be hard to connect
Copy !req
763. Dorning to
Karen Whatney's death.
Copy !req
764. Depends how much
Mike McDugan knows.
Copy !req
765. So far, he hasn't
been chatty.
Copy !req
766. We'll throw him a bone.
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767. Good. Another
heart-to-heart with my favorite maniac.
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768. Another day,
another plea offer.
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769. If it weren't for Ms. Ross'
charming presence,
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770. we wouldn't bother
showing up.
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771. This time
it's a three-way race
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772. between your client,
Dave Randall, and Harold Dorning.
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773. Murder two, 15-to-life.
First come, first served.
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774. You have them
under arrest?
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775. I'm surprised
you didn't run into them in the breakfast line.
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776. Dorning confessed
the arson to a witness.
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777. Mike's not flipping
on anyone for 15 years. Eight and out.
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778. He's the one
who forced the girl off the bridge.
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779. The other two can claim
they just wanted him to scare her.
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780. And I might be inclined
to believe them.
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781. Deal.
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782. Talk, Mr. McDugan.
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783. Randall said
he needed some help
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784. to get a message
to this broad, to shut her up.
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785. You staged the accident
on Rutgers Street?
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786. Yeah. It was
pretty good, actually.
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787. After she dropped
her friend off,
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788. I pulled ahead of her
and stopped short.
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789. But then she drove off,
and things got out of hand.
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790. But like I said,
I never meant for her to jump.
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791. Of course not.
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792. Did Randall tell you
why he wanted you to talk to her?
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793. He said she was
making trouble for somebody
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794. Randall did some work for.
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795. Did he say who?
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796. No, he didn't give me
any of the particulars,
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797. except the girl's name
and address.
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798. He never mentioned
Dorning or WalkRite?
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799. No. I mean,
I'm no dope.
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800. They call Randall
"The Candle."
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801. I figured it had to do
with some torch job.
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802. Unless he gives us Dorning,
I'm taking the offer off the table.
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803. He doesn't have
Dorning to give you. He gave you Randall.
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804. Let him serve up Dorning.
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805. That would be fine,
if we had Randall in custody.
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806. You just said
that he was...
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807. I just said I'm surprised
you didn't see him at breakfast.
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808. You tell us where
we can find him, then we'll have a deal.
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809. I don't know where he is.
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810. Last time I saw him
was a couple of nights ago, in Queens.
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811. Why?
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812. He gave me 1,000 bucks.
He said I should split.
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813. He said we had maybe
a day before the bridge thing hit the fan.
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814. He was right. I got
clicked the next afternoon going to the comer store.
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815. What night did Randall
tip you off?
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816. Tuesday. I should have
listened to him,
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817. but I couldn't
leave my old man. He's a cripple.
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818. Where are you going?
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819. To verify his story.
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820. I told you
the God's honest truth.
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821. That's what I'm afraid of.
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822. I thought I was here
to sign a statement.
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823. Mr. McCoy. Have a seat.
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824. Mr. McCoy, if you think
you can use him
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825. to extract a plea bargain
out of us...
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826. I'm not looking
for bargains.
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827. I'm sorry, Dad.
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828. You're sorry? That's it?
You're sorry?
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829. Harold, it's better
you don't talk.
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830. He's right, Mr. Dorning.
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831. You're better off
listening very carefully to what I have to say.
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832. At the time your factory
burned down,
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833. your son's option
to buy his mortgage company was about to expire.
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834. He'd been turned down
for a loan,
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835. and he was in danger
of losing his $50,000 down-payment.
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836. What's your point?
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837. His father's
insurance money came just in the nick of time.
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838. It's called luck.
Some people in our family have it.
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839. Some people make
their own luck.
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840. Yes, unlucky at cards,
unlucky in love. Is any of this relevant?
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841. The day before your client
came to see me,
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842. Dave Randall skipped town
and advised Mike McDugan to do the same.
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843. Was that also luck?
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844. There's only one person
in this room who could have tipped them off.
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845. Robbie, what are they saying?
Who is Dave Randall?
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846. The man who set
the fire at WalkRite.
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847. The man to whom
your son paid $10,000 to silence Karen Whatney.
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848. We had a handwriting expert
examine the two checks
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849. that were made out
to you by your son.
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850. Your endorsements
had been forged.
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851. You burned down
my factory.
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852. Dad... You killed Karen.
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853. That's not true.
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854. Mr. Dorning, if you have
anything to say to me about your son, now is the time.
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855. Dad, please,
don't say anything.
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856. Dad, please, look at me.
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857. Karen told me that she
saw him at the factory the night before the fire,
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858. loading personal things
out of his office, into his car.
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859. She hadn't gone
to the police out of loyalty to me.
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860. But now she needed money,
and she expected me to help her.
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861. What did you tell her?
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862. I told her
I wouldn't do it.
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863. I thought she was making
the whole thing up, just to blackmail me.
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864. I told him.
I said I felt sorry for her.
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865. I thought maybe we
could give her a job. He said no.
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866. He didn't want her around,
telling lies.
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867. Please. Stop.
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868. He said, "Don't worry,
I'll handle it."
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869. When I heard how Karen died,
I never put it together. I never thought...
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870. You said, "Trust me."
You said, "I'll always take care of you."
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871. You're such a loser.
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872. Such a damn loser.
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873. Here's the pre-sentence
report on Robert Dorning.
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874. I'll read it tomorrow.
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875. There's a letter
from his father. A plea for leniency.
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876. I remember how
I felt when I realized
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877. my father was
a son of a bitch.
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878. I can't imagine
what it must be like to realize you raised one.
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