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. I served 18 years
with a clean conduct record.
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7. The last six,
I worked in the heating plant
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8. without any
supervision whatsoever.
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9. I got my GED and I finished
two years of college by correspondence.
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10. That's very good.
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11. What we'd like to know,
Mr. Darnell, is if you're released today,
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12. how can we trust
you won't get in trouble again?
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13. I'm not the same man
I was 18 years ago.
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14. I've had therapy.
I've got discipline. I understand myself.
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15. I'm responsible
for my actions.
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16. What does
that mean to you, to act responsibly?
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17. If you grant me parole,
I plan to work hard
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18. and support my daughter
and my grandchildren.
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19. I plan to make restitution
to the people I hurt.
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20. Nobody owes me a second
chance. I'm not saying I deserve one.
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21. But I'm giving it
to you straight here,
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22. I know in my own mind,
I will never harm anybody again.
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23. Thank you,
Mr. Darnell. Mr. McCoy?
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24. Thank you.
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25. I don't think
Mr. Darnell's changed at all.
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26. I think he's just as
dangerous as he was when I prosecuted him.
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27. He was found guilty
of six vicious rapes.
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28. He was a suspect
in seven others.
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29. He raped young women,
mostly teenagers, at knife point,
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30. in broad daylight,
in their own bedrooms.
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31. He wrapped a pillowcase
around their faces,
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32. to terrorize them and
heighten his pleasure.
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33. I have here
letters from those women.
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34. They don't want
his restitution.
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35. They don't want
anything from him.
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36. All they ask is that
we keep him behind bars for the next 12 years,
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37. to serve out
the rest of his sentence.
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38. This is the third time
he's applied for release,
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39. the third time
I've come here to oppose it.
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40. I ask you now to
again deny him parole.
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41. Let him pay his debt
to society in full.
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42. Thank you, Mr. McCoy.
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43. Mr. Darnell,
we have taken into account your psychiatric evaluation,
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44. your conduct report,
and Warden Davies' recommendation.
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45. Though we are mindful
of Mr. McCoy's concerns,
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46. we hereby grant your
request for early release.
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47. The mother, Mrs. Perez,
found her in bed when she got home from work.
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48. She thought
she was sleeping.
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49. At 3:00 in
the afternoon?
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50. The girl had the flu.
She was staying home from school.
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51. You check the
doors and windows?
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52. No sign
of forced entry.
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53. But Mrs. Perez
says the front door
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54. was locked
with the latch.
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55. And the building?
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56. Well, the door to the roof
is padlocked from the inside.
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57. The only way in is
through the main door,
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58. and the super swears
it's always locked.
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59. Now, the canvass
turned up a friend who saw her around noon.
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60. She was going to
the basement to do laundry. That's it right there.
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61. Is this
how Mom found her?
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62. She was on her side,
facing the wall.
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63. Any injuries?
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64. There's a bruise on
her right hand, a small nick on her neck.
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65. For all I know,
she stroked out or had an aneurysm.
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66. Well, what are
we doing here?
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67. Ask the mother.
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68. She says the girl
must've been raped,
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69. because she never
sleeps naked.
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70. And you say?
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71. Yesterday, I found
out my 12-year-old is a vegetarian.
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72. I think this girl
just outgrew her Dr. Denton's.
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73. Except it's February
and she had the flu.
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74. I didn't see
anything forcible.
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75. Do ripped panties count?
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76. You told the officer
that the front door
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77. was locked when
you got home?
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78. Yes. Just with
the handle, though.
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79. Well, it locks by
itself when you close the door?
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80. Yes.
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81. Did Teresa have
a boyfriend?
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82. She didn't have time.
She was too busy with school.
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83. Isn't it possible
that she could've found the time?
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84. I wouldn't let her.
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85. When I was her age,
I was pregnant with Teresa.
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86. I didn't want
that for her.
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87. Oh, God,
my baby's dead!
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88. My beautiful baby.
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89. I met her coming
down the stairs,
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90. I thought she was
gonna pass out.
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91. She was sweating
and coughing.
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92. I helped her carry
her wash down to the basement.
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93. What time was this?I don't know.
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94. It was just before
I went to the store
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95. with my mom,
maybe around 11:30.
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96. Mmm-hmm.
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97. Did Teresa say
she was expecting company later?
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98. Her boyfriend, maybe?
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99. No, she wasn't
expecting anybody.
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100. But she did have
a boyfriend, right?
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101. She didn't want
her mother to know.
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102. It's Raymond Cartena.
He lives in the building next door.
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103. Was she...
Was she having sex with him?
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104. No. Teresa said they
talked about doing it.
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105. He wanted to,
but she was scared.
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106. I called her this
morning to see if she was feeling better.
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107. We were trying to
make arrangements to get with each other.
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108. And do what,
go to the ballet?
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109. The movies, you know?
I mean, something like that.
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110. That's funny,
because
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111. we heard you had
something else in mind for her.
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112. What's that
supposed to mean?
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113. She was found naked
in her bed. Did you do that, Raymond?
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114. No!
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115. Come on, Raymond,
we're all fellows here. We know how it is.
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116. You're popping wood
and she's giving you the red light, right?
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117. I did not do that.
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118. No way. Where were you today?
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119. On West 83,
making a shower pan.
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120. I'm gonna need that
contractor's number, all right?
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121. You're sure about
the times? Okay, thank you very much.
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122. Well, he got there
at 10:00 a.m., left just after 3:00.
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123. Had lunch on the premises.
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124. Well, he'll be relieved
to hear he didn't do it.
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125. Plan B, it was
an inside job.
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126. The super said
Teresa's building
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127. was locked
tighter than Fort Knox.
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128. Yeah, unlike this place.
The lock's busted. Anybody can get in.
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129. Question is,
can you get from this building to hers?
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130. If any of that
garbage from next door
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131. got into my building,
I want to kill him.
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132. What's in there?
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133. People used to keep
their strollers in there, but we don't use it anymore.
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134. It's locked.
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135. Hey, Lennie. What's that?
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136. Could be a conduit.
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137. The city used to have
pipes running between the buildings.
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138. It isn't nailed,
just jammed in.
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139. Well?
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140. The boiler room
next door.
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141. The bruise on
her wrist might be a restraint wound.
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142. What about the cut
on her throat?
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143. I've done worse
shaving my legs.
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144. It's probably
a small knife or scissors.
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145. You want to take
a flyer on how she died?
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146. Suffocation, possibly.
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147. There was petechial spotting
on the outer lining of her heart and lungs.
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148. That and a confession
gets you cause of death.
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149. We assumed there's
a sexual angle.
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150. No, I checked all
three ports of entry.
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151. No fluids, but the
cervix was bruised.
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152. Same timeframe
as her death?
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153. I'd say during.
That's the whole point, isn't it?
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154. Raping her while
she's in the throes of death?
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155. It's not the same MO.
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156. A young woman
raped in her own bed
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157. in the middle of
the day at knifepoint.
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158. There's no evidence
Darnell ever tried to kill any of his victims.
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159. Maybe 18 years in
prison taught him not to leave any witnesses.
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160. And to leave his
pillowcase at home? Wasn't that his fetish?
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161. He found a new one. Death.
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162. I want him investigated.
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163. In the six weeks
he's been out,
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164. he's made all his meetings
with his parole officer every morning at 8:00.
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165. He cuts sheet metal
in the village from 9:00 to 6:00.
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166. His PO says
he's got a perfect attendance record.
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167. He lives on West 50th
with his daughter and her two kids.
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168. His PO checks in
with him every night at 7:00.
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169. Have you talked
to his boss yet? Not yet.
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170. We're still checking on
a few other mutts in the victim's neighborhood.
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171. McCoy thinks
Darnell's a hot lead.
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172. Yeah, well, maybe
the victim profile's on the money,
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173. but from what I know,
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174. these deviants find
something that gets them off, like a pillowcase,
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175. they usually
stick with it.
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176. Besides, the perp would
have to know that building to get in,
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177. and Darnell
grew up in Ohio,
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178. and there's no record of
him ever having lived in that building as an adult.
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179. Except that 20 years ago,
he committed two rapes within five blocks of there.
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180. I guess we're
talking to his boss, huh?
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181. I've got five parolees
working for me, including my fiancee.
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182. The blonde file clerk?
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183. Yeah.
Twelve months in Bedford for passing bad checks.
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184. The heart wants
what it wants.
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185. Yeah, I guess
if you're gonna get cleaned out,
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186. it might as well
be by a pro, huh?
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187. So, is Lewis Darnell
invited to the wedding?
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188. He's here six weeks.
Not a big social mixer,
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189. but he's polite,
he's helpful.
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190. So he can be an usher.
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191. Was he here all
day on Wednesday? Uh-huh.
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192. Except for lunch.
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193. The guys usually go
down the street to Feldman's Delicatessen.
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194. What time was that?
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195. We knock off
12:00 to 1:00.
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196. But Wednesday, Darnell
said he had to run an errand for his daughter.
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197. Came back about
20 minutes late.
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198. Oh, that poor girl!
It's so dangerous here.
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199. Look at my locks.
You think they're any good?
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200. Yeah, they're fine. Please,
ma'am, if you could just look at these pictures.
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201. I've got a chain, too.
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202. Maybe I should get a dog.
What do you think?
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203. I think you should tell me
if you saw any of these men on Wednesday.
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204. No, I've never
seen them.
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205. How about for windows?
What do you recommend?
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206. Moving. Look at each picture.
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207. No, I didn't see them.
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208. Did one of them
kill Teresa Perez?
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209. We don't know.
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210. She was nice.
I saw her that day in the basement.
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211. She was folding
her laundry.
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212. She was sick, but
she helped me put my clothes in the dryer.
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213. It's so sad.
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214. Yeah, it is.
Okay, thanks.
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215. Wrong MO, no
eyewitness, and no murder weapon.
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216. This gets better
all the time.
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217. The laundry in the
girl's room, did it look folded to you?
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218. What, the stuff in
the garbage bag? No.
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219. There's nothing remarkable
about the laundry itself.
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220. But I can tell you
what brand of fabric softener they use.
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221. Pass. We're thinking
the perp
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222. might've handled
the garbage bag.
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223. Latent found only
the victim's prints on it.
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224. But I noticed what
looked like the imprint of an ear in the plastic.
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225. I side-lit the bag to
highlight any indentations and took a photo.
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226. Want to dim the lights?
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227. Here's what showed up.
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228. I compared this image
to the autopsy photo of your victim.
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229. They match.
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230. Her face made
an impression on the bag
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231. while she was
being suffocated.
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232. Looks like Darnell
found a bigger thrill than pillowcases.
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233. It still doesn't
prove anything.
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234. Unless we can put
him in her building, we're nowhere.
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235. What about his alibi?
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236. Well, the guy at
the deli remembers him getting a sandwich to go.
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237. Leaves him just over
an hour unaccounted for.
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238. Enough time to get
to the Perez place and back.
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239. Depends what his daughter
says about this so-called errand he did for her.
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240. Let me know.
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241. Dad picked up
some clippers I brought in to get fixed.
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242. There's a repair
shop near his work.
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243. Can't be that close.
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244. His supervisor says
he was 20 minutes late getting back.
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245. So maybe he
had to wait.
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246. Clipper repair,
that's a tax-deductible expense, right?
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247. Yeah.So you have the receipt?
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248. Is there some problem
with his parole 'cause he was late?
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249. Oh, we don't get
out of bed for parole violations.
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250. See, Wednesday,
a young girl was raped
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251. and murdered on
the Lower East Side.
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252. And naturally you
thought of my father. He's not a murderer.
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253. He happens to be
a convicted rapist.
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254. Those are all lies.
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255. If you could see
him with my kids, you would realize
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256. that he's not
that kind of man.
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257. Miss, you want to
look for the receipt?
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258. Cute photos. Who's this?
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259. That's my father,
when he was seven, with my grandma.
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260. He reminds me
of my little boy.
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261. Lennie, the statue
in the background.
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262. Looks like Union Square.
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263. Was this taken
in New York?I don't know.
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264. Here it is. Right there.
The date, it's Wednesday.
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265. There's no time stamped
on it. He could've gone there after work.
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266. My father doesn't
get off work till 6:00.
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267. The repair shop
closes at 5:00, all right?
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268. Now, I've got
customers waiting, okay? Do you mind?
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269. Go to prison and win your
daughter's undying love. If only I'd known.
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270. So what do you
make of that picture?
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271. Darnell's file has
him growing up in Ohio.
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272. He's got a juvie
record there.
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273. Well, where was he
before he got a record?
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274. Lewis Darnell,
the lost years.
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275. Darnell's mother
was a war widow.
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276. She wasn't in any of
the old city directories,
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277. but Uncle Sam sent
her GI survivor benefits until she remarried in 1953
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278. and moved to Ohio.
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279. Until then, she shared
an apartment with her sister.
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280. In the building
next to Teresa Perez.
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281. What does Judge Richler
say about a search warrant for Darnell?
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282. He turned us down.
Darnell's connection to the building
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283. wasn't compelling enough
to support probable cause.
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284. He wants to know
how many other rapists
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285. lived in the building
in the last 50 years.
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286. Can't Darnell's
parole officer order a search?
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287. We can always ask. Get on it.
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288. And I want him examined
for scratches and bite marks.
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289. If we're lucky,
the girl put up a fight.
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290. Do I look like
Sandra Day O'Connor?
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291. A judge already dinged
the search warrant. I can't overrule that.
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292. Maybe, if you'd
have come to me first.
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293. Hey, isn't busting
your parolees' chops part of your job?
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294. Unfortunately,
only for cause.
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295. The judge said
there isn't any.
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296. Should've talked
to me first.
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297. See, I told you, Lennie.
It was a mistake listening to Ross.
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298. Who's that?
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299. Ah, she's an A.D.A.,
doesn't know her ass from her elbow.
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300. She's the one who
had the bright idea to take it to a judge.
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301. Yeah. I tried to tell her
there was a better way,
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302. but you know how
these pushy career women are.
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303. Yep. I work for one.
Look, I'd really like to help you guys.
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304. You know, I just
thought of something.
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305. Can you pull Darnell
in for a physical exam?
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306. Sure, if I suspect drug
use. Should I suspect drug use?
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307. Absolutely.
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308. I don't need
you to agree, Lewis.
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309. Drug use is
a violation of your parole.
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310. You are required
to submit to an examination.
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311. Fine. I'll pee in a cup
and I'll get out of here.
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312. After the doctor
checks you for needle marks.
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313. If you refuse,
I'll violate you right back to prison.
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314. He says the word,
you're on the next bus to Sing Sing.
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315. He had some minor
cuts on his hands and forearms,
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316. but that's normal for
someone who works with sheet metal.
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317. Other than that,
there were no scratches, nail gouges or bite marks.
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318. Bruises? Nothing consistent
with a struggle.
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319. But this bird has
some peculiar habits.Like what?
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320. Mr. Darnell has
no body hair.
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321. He told me he shaves it
for personal hygiene.
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322. Said it was a habit
he picked up in prison.
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323. Explains why we didn't
find any of his hair on the girl.
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324. Hey, if rape was my business,
I'd shave before going to work, too.
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325. Sounds like Mr. Darnell
just gave you cause to search his premises.
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326. Here you go, pal.
Go see Mommy. Thank you.
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327. Come here, Jared.
Come here, sweetie.
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328. Tami, can you take
them over to your place for a second?
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329. Sure. Let's go, kids.
We can watch cartoons at my place, okay?
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330. You've got no
right to do this.
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331. Take it up with him.
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332. Uh, Detective. I found
these in a cupboard under the sink.
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333. A few pair missing.
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334. What? I use those
to color hair!
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335. What's the hair salon
for, coffee klatches? Bag it.
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336. Hey, Lennie, in here.
No trophies from the Perez girl,
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337. but I found his
stroke material. Check out the titles.
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338. "Of Female Bondage,"
"Get On the Bitch,"Erase Her."
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339. Yeah, and in case his
VCR is on the fritz, he's got magazines.
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340. Page after page
of rape scenes.
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341. So much for 18
years of therapy.
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342. What can I say?
Some people like vanilla, I like rocky road.
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343. Yeah. I look at
pictures of ice cream, I get hungry.
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344. Do these make
you hungry, Lewis?
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345. I learned in therapy
to control my urges.
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346. This material helps me
relieve the pressure
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347. so it won't
preoccupy my thoughts.
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348. What you learned is
a fancy way to blow smoke up our ass, Lewis.
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349. I have myself under
control. I see a state shrink every week.
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350. Yeah? You tell him how
you did that Kojak number on your privates?
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351. That's about hygiene.
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352. It's about two body
hairs found in Deborah Rourke's bed.
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353. That's what got you
convicted the first time.
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354. So you didn't want
to make that mistake again.
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355. That's a long time ago.
I want to talk about today.
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356. I'm not under arrest,
but here I am.
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357. You're detaining
me illegally.
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358. You're being detained
at the request of your parole officer.
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359. This is one hell
of a system.
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360. Well, it wasn't designed
for your enjoyment, Lewis.
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361. You ever wear
disposable gloves? No.
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362. You sure? 'Cause
your prints were found
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363. on a box of gloves
in your kitchen.
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364. Perhaps I had to move it.
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365. What about your
silver penknife, where's that?
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366. I never had
a penknife.
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367. Somebody saw you
with it at work.
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368. It's not in your locker,
it's not at home.
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369. I never owned one.
Anything else? Yeah.
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370. Teresa Perez. Who?
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371. You'd know her better
as the girl you raped and murdered
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372. last Wednesday on
your lunch break.
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373. I did no such thing.
I was running errands.
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374. We know. You got
a sandwich and you picked up the clippers.
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375. What'd you do with
the rest of the time?
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376. I walked and I ate.
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377. Write down where you went.
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378. I don't remember.
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379. Ever been to 122A
East 11th Street?
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380. Doesn't ring a bell.
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381. Are you sure?
It's next door to where Ms. Perez lived.
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382. No, sorry.
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383. You never went
down to the basement?
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384. No.
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385. Not even when
you were seven?
Copy !req
386. I don't have a clear
memory of my childhood.
Copy !req
387. So you don't remember
climbing through a hole in that basement?
Copy !req
388. No. But you do remember
that basement, right?
Copy !req
389. I don't want
to talk anymore.
Copy !req
390. It's not up for a vote.
Copy !req
391. If you had anything
on me, I'd be under arrest right now.
Copy !req
392. I don't care if
you violate me, I'm going home.
Copy !req
393. Sit down. Detective.
Copy !req
394. Now arrest him!
Copy !req
395. Hey, hump, you're in.
You just violated your parole.
Copy !req
396. You have the
right to remain silent.
Copy !req
397. Anything you say can and
will be used against you in a court of law.
Copy !req
398. I can stall a hearing
on his parole violation for 90 days, but that's it.
Copy !req
399. What are his
chances at the hearing?
Copy !req
400. Well, he was late for work
and he walked out of a police interview.
Copy !req
401. In the world of parolees,
gets him the good citizen's award.
Copy !req
402. Mr. Munro, I'd like to
know we're on the same page here.
Copy !req
403. The object is to
keep him behind bars
Copy !req
404. until we can make
a murder case against him.
Copy !req
405. I'll talk to
the hearing officer,
Copy !req
406. I'll show him your
file on the Perez girl,
Copy !req
407. but I can't
promise anything.
Copy !req
408. Sounds like Darnell
can start planning his welcome home party.
Copy !req
409. It's three months he
won't be on the hunt.
Copy !req
410. Mr. McCoy?
This just came by messenger.
Copy !req
411. Darnell filed a writ
of habeas corpus.
Copy !req
412. Mr. Darnell's parole
officer signed off on his arrest.
Copy !req
413. With a 400-pound
gorilla named Jack McCoy breathing down his neck.
Copy !req
414. Your Honor, these
Mickey Mouse violations
Copy !req
415. are a pretext to
keep my client in prison
Copy !req
416. while Mr. McCoy
investigates a crime
Copy !req
417. totally unrelated
to his parole.
Copy !req
418. What crime is that?
Copy !req
419. A brutal rape and murder
committed with Mr. Darnell's signature on it.
Copy !req
420. It must've been in
disappearing ink.
Copy !req
421. There's no evidence
he was involved.
Copy !req
422. That's immaterial.
Copy !req
423. His parole conditions
require him to cooperate with the authorities.
Copy !req
424. He consented
to a physical exam.
Copy !req
425. He consented to
an interrogation.
Copy !req
426. He tried to leave. After two hours
of questioning.
Copy !req
427. It does seem
unreasonable, Mr. McCoy.
Copy !req
428. Your Honor,
that's for a parole hearing to determine.
Copy !req
429. With all due respect,
he doesn't have a remedy in this court.
Copy !req
430. He does, Your Honor,
if the detention is illegal.
Copy !req
431. I agree. Mr. McCoy,
I don't see a significant parole violation here.
Copy !req
432. I'm ordering
Mr. Darnell's release.
Copy !req
433. Isn't it heartening?
Copy !req
434. Even the rights
of a disturbed serial rapist are protected.
Copy !req
435. How disturbed is he?
Copy !req
436. There is a procedure for
committing dangerous people against their will.
Copy !req
437. Maybe we've just
been in the wrong court.
Copy !req
438. I've read the mental
hygiene law, Your Honor.
Copy !req
439. There's no way my client
qualifies for commitment.
Copy !req
440. He's a diagnosed serial
rapist. He's a danger to others.
Copy !req
441. You don't even have standing
to make this application.
Copy !req
442. Mr. Darnell's
state-appointed therapist does.
Copy !req
443. Your Honor, he's trying
to use a civil statute
Copy !req
444. to impose criminal
sanctions on my client.
Copy !req
445. It's outrageous.I'm within the
letter of the law.
Copy !req
446. No. Maybe within
the spirit, Mr. McCoy.
Copy !req
447. Now, I'll hear arguments
Thursday morning.
Copy !req
448. Mr. Darnell is
scheduled for release from Rikers this afternoon.
Copy !req
449. I want him held
for observation until the hearing.
Copy !req
450. That's fine with me.
Have the papers on my desk after lunch.
Copy !req
451. I don't see
a problem, Elizabeth.
Copy !req
452. His own therapist has
agreed to support the application.
Copy !req
453. A therapist with 300
court-ordered clients.
Copy !req
454. I doubt he could
even pick Darnell out of a lineup,
Copy !req
455. and I doubt it ever occurred
to him to have him committed until you brought it up.
Copy !req
456. Darnell rapes and kills.
Isn't that a sign something's wrong with him?
Copy !req
457. Like it or not,
his abnormality
Copy !req
458. is not a recognized
mental illness.
Copy !req
459. If you want to commit him,
petition the American Psychiatric Association,
Copy !req
460. not a judge. We're not reinventing
the wheel here.
Copy !req
461. Six states have laws
to commit sexual predators.
Copy !req
462. And they're all
being appealed to the Supreme Court.
Copy !req
463. Until the nine Supremes
rule otherwise, I'm having Darnell locked up.
Copy !req
464. The same way the Soviets
filled the gulag.
Copy !req
465. It's using psychiatry
to punish people.
Copy !req
466. Hey! It's legally brilliant.
Copy !req
467. Bound to be a hit
with the public.
Copy !req
468. And you've no
business doing it.
Copy !req
469. You're an assistant
district attorney.
Copy !req
470. You work in criminal term.
If you can't beat them there, that's it.
Copy !req
471. That's the end of the story.
Copy !req
472. You don't get
psychiatrists to front for you in civil term.
Copy !req
473. I'm leaning on the police,
but it could be months
Copy !req
474. before we have enough
evidence for a murder conviction.
Copy !req
475. Where do you
want him until then?
Copy !req
476. I'm on the side
of the angels here.
Copy !req
477. If I can stretch
the mental hygiene law,
Copy !req
478. it's worth doing to
keep him off the street! Hopefully for good.
Copy !req
479. After examining
his file,
Copy !req
480. I'd say Mr. Darnell
has a sexual deviation known as preferential rape.
Copy !req
481. He'd rather rape
than have a normal sexual encounter.
Copy !req
482. He finds the force
and fear of rape sexually exciting.
Copy !req
483. What provokes him?
Copy !req
484. Any number of stress
factors. Work, family,
Copy !req
485. even waiting in line
at the grocery store.
Copy !req
486. The pressure builds
until he feels a compulsion to rape.
Copy !req
487. After he does,
what happens?
Copy !req
488. The pressures start to
build again and the cycle repeats itself.
Copy !req
489. Is his abnormality
treatable?
Copy !req
490. Drugs can decrease
his sex drive.
Copy !req
491. His arousal can
be reconditioned.
Copy !req
492. But left untreated,
do you agree with Mr. Darnell's therapist
Copy !req
493. that he'll continue to rape?
Copy !req
494. Yes. I have no doubt.
Copy !req
495. Thank you.
Copy !req
496. Dr. Olivet,
what's the characteristic of my client's abnormality?
Copy !req
497. He commits sex crimes.
Copy !req
498. So he's abnormal
because he commits crimes.
Copy !req
499. Can't the same be said
of a thief or a mugger?
Copy !req
500. I don't know of
any reported case of compulsive mugging.
Copy !req
501. The treatments
you mentioned,
Copy !req
502. are they effective
in controlling my client's abnormality?
Copy !req
503. Yes, to varying degrees.
Copy !req
504. In other words,
there's no meaningful,
Copy !req
505. long-lasting treatment
for serial rapists, is there?
Copy !req
506. No. There's no cure,
Copy !req
507. and there's no guarantee
that he won't re-offend.
Copy !req
508. Thank you.
Copy !req
509. Before
they got divorced,
Copy !req
510. my mom would take me
to visit him every month,
Copy !req
511. and then later,
when I was older,
Copy !req
512. I would go out by
myself on the train every other week.
Copy !req
513. I waited 18 years to
get my father back. Now, he served his sentence,
Copy !req
514. and I don't think
they should just be able
Copy !req
515. to take him away again
for doing absolutely nothing.
Copy !req
516. Would you
describe your father as loving and supportive?
Copy !req
517. Yes. Yeah. He always
told me to stay in school and to get good grades,
Copy !req
518. and after my divorce
he encouraged me to start my own business,
Copy !req
519. and you should see
him with my kids.
Copy !req
520. He plays with them
and he reads stories to them.
Copy !req
521. Do you feel they're
safe with him? Yes.
Copy !req
522. Yeah, of course.
Look, my father is a very gentle man.
Copy !req
523. Thank you.
Copy !req
524. Ms. Darnell,
did you know that this "gentle man"
Copy !req
525. kept violent,
sexually-explicit magazines in his room?
Copy !req
526. Those aren't real,
Mr. McCoy. Those women are models.
Copy !req
527. It's fantasies.
You can't lock people up for their fantasies.
Copy !req
528. I want you to
look at these photos.
Copy !req
529. Those wounds aren't
fantasies. Those women aren't models.
Copy !req
530. Those are your
father's victims.
Copy !req
531. Objection.
Copy !req
532. Goes to
credibility, Your Honor.I'll allow it. Go on.
Copy !req
533. My father
didn't do this.
Copy !req
534. He told his prison
therapist that he raped them.
Copy !req
535. He admitted his guilt
to the parole board.
Copy !req
536. Because he had to,
or they would have never let him out.
Copy !req
537. Did he tell you
that he lied?
Copy !req
538. No. He didn't
have to tell me.
Copy !req
539. I just know he
never raped anybody.
Copy !req
540. Then how do you
account for the evidence used to convict him?
Copy !req
541. I have read
where people get convicted of rape,
Copy !req
542. and then years later
they're found innocent.
Copy !req
543. Experts make mistakes,
Mr. McCoy. Witnesses lie.
Copy !req
544. Yes, Ms. Darnell,
and they can be deceived.
Copy !req
545. The whole time in prison.
I conducted myself in a responsible way.
Copy !req
546. That's why I was
recommended for early parole.
Copy !req
547. While you were in prison,
Copy !req
548. were you ever
hospitalized for psychiatric reasons?
Copy !req
549. No, sir. Did you receive
any kind of counseling?
Copy !req
550. I volunteered
for group therapy.
Copy !req
551. To change my
attitudes toward women
Copy !req
552. and to learn how
to express emotions in constructive ways.
Copy !req
553. Did you achieve
those goals? Yes.
Copy !req
554. Your Honor, I spent
18 years in prison
Copy !req
555. because Mr. McCoy said
I had a debt to pay to society.
Copy !req
556. Well, I paid that debt.
I shouldn't have to pay it again.
Copy !req
557. No more questions.
Copy !req
558. Mr. Darnell,
when was the last time
Copy !req
559. you had consensual
sex with a woman?
Copy !req
560. I don't know. Oh, come on.
Copy !req
561. You were released
from prison more than two months ago.
Copy !req
562. By your own admission,
you're now a healthy, normal male.
Copy !req
563. The opportunity
must've presented itself.
Copy !req
564. Yes, I had sex.
Copy !req
565. Really? Who with?
Copy !req
566. I don't know her name.
Copy !req
567. Did she help
you act out your rape fantasies?
Copy !req
568. No, sir. Did she charge extra
for the pillow case?
Copy !req
569. Objection. Withdrawn.
Copy !req
570. Mr. Darnell, the truth
is, you haven't changed at all, have you?
Copy !req
571. No, I have changed.How?
Copy !req
572. You still have
fantasies about rape, don't you?
Copy !req
573. That's just in my head.So,
Copy !req
574. you think about
it constantly? No, sir.
Copy !req
575. But you still have
the urge to rape.
Copy !req
576. I am not interested
in raping anyone!
Copy !req
577. In prison, I learned
to control myself.
Copy !req
578. In prison, there were
no women available, were there?
Copy !req
579. I'm controlling
myself out here, too.
Copy !req
580. By sheer
force of will? Yes.
Copy !req
581. That works for you,
Copy !req
582. despite all the medical
evidence to the contrary?
Copy !req
583. Yes.
Copy !req
584. Even though you
still are turned on by depictions of rape?
Copy !req
585. Yes. Despite your
history of 13 rapes?
Copy !req
586. Despite being
investigated for the rape
Copy !req
587. and murder of Teresa
Perez two weeks ago?
Copy !req
588. I had nothing
to do with that.
Copy !req
589. You're saying that
you can control yourself for the rest of your life?
Copy !req
590. That's what I'm saying.You're lying.
Copy !req
591. Objection.
Copy !req
592. You lied to the parole
board, you lied to your prison psychiatrist,
Copy !req
593. you even lied to
your own daughter.
Copy !req
594. Sustained, Mr. McCoy.
Copy !req
595. You want me locked up
because of something I might do.
Copy !req
596. You can't do that!
It isn't right!
Copy !req
597. You roaming the streets
isn't right, Mr. Darnell.
Copy !req
598. Mr. McCoy!
Copy !req
599. Withdrawn. I'm through
with this witness.
Copy !req
600. Even if we grant
that Mr. Darnell is a serial rapist
Copy !req
601. and suffers from
a compulsion to rape,
Copy !req
602. Mr. McCoy still has no
right to lock him up.
Copy !req
603. I don't understand,
Mr. Granick.
Copy !req
604. Mr. McCoy has
a medical justification,
Copy !req
605. and he can prove
a continuing threat.
Copy !req
606. Isn't that what
the mental hygiene law envisions?
Copy !req
607. The statute mandates
commitment for the purpose of treatment
Copy !req
608. with the expectation
of eventual release.
Copy !req
609. The people's own
witnesses concede
Copy !req
610. there is no cure
for serial rapists.
Copy !req
611. Mr. McCoy is seeking
indefinite confinement for my client.
Copy !req
612. That's a gross violation
of the Eighth Amendment prohibition
Copy !req
613. against cruel and
unusual punishment.
Copy !req
614. If he's dangerous
and incurable,
Copy !req
615. all the more reason
to commit him.
Copy !req
616. Commit him because
he can't be cured.
Copy !req
617. He can't be cured,
so don't commit him.
Copy !req
618. This is a catch-22,
gentlemen.
Copy !req
619. It's Mr. McCoy
looking for a second bite at the confinement apple.
Copy !req
620. Mr. Darnell has already
served his time in prison.
Copy !req
621. Your Honor,
the mental hygiene law can be applied
Copy !req
622. as broadly or as
narrowly as you see fit.
Copy !req
623. We have a chance here
to take a serial rapist off the street,
Copy !req
624. to offer him some
measure of treatment, and to protect society.
Copy !req
625. Your Honor, if you
grant this application,
Copy !req
626. it will not stop
at serial rapists.
Copy !req
627. Anybody that
they can't convict in criminal court,
Copy !req
628. they'll ship off
to Bellevue.
Copy !req
629. There's no slippery
slope here, Your Honor. This is sui generis.
Copy !req
630. Mr. Darnell
is an exceptional and egregious case.
Copy !req
631. Thank you, Counselors.
Copy !req
632. I'll certainly
consider your arguments
Copy !req
633. and render a decision
when we reconvene.
Copy !req
634. Court will recess
until 3:00 this afternoon.
Copy !req
635. The Supreme
Court is presently considering in Kansas v. Hendricks
Copy !req
636. the very issues
that you raised.
Copy !req
637. I'm loathe to precede
Mr. Rehnquist and his brethren
Copy !req
638. into uncharted territory.
Copy !req
639. Mr. McCoy,
what you propose is very tempting,
Copy !req
640. but I suspect
very perilous.
Copy !req
641. I'm going to deny
your application.
Copy !req
642. Mr. Darnell is
ordered released forthwith.
Copy !req
643. No! No! No!
Copy !req
644. We conducted
nearly 300 interviews,
Copy !req
645. we showed his photo
to everyone in the girl's neighborhood,
Copy !req
646. we canvassed subway
stations, bus stops, cab companies.
Copy !req
647. The man blends in
like warm butter.
Copy !req
648. I want follow-up
interviews. And keep showing his photo.
Copy !req
649. That's the plan.
Copy !req
650. Forensics compared
every kind of fiber from Darnell's work and home,
Copy !req
651. from clothing to carpeting,
to what was found at the Perez place.
Copy !req
652. Nothing matched. That's not good enough.
Copy !req
653. I beg your pardon?
Copy !req
654. You've had this
case for weeks.
Copy !req
655. You haven't given me
a single piece of evidence
Copy !req
656. I can hang
an arrest warrant on.
Copy !req
657. Mr. McCoy, when my
detectives get back
Copy !req
658. from their
needlepoint classes,
Copy !req
659. I'll put them on
the case. Anything else?
Copy !req
660. Yes. Starting today,
I want round-the-clock surveillance on Darnell.
Copy !req
661. That was some
motivational speech.
Copy !req
662. Soon as we convict Darnell,
I'll send her flowers.
Copy !req
663. Open the case
before the grand jury and let's get them busy.
Copy !req
664. Doing what?
Copy !req
665. Start by subpoenaing everyone
Darnell's talked to in the last six weeks.
Copy !req
666. And I want a summary
of the Sex Offender Registration Act
Copy !req
667. on my desk by
tomorrow morning.
Copy !req
668. Megan's Law?
Copy !req
669. I'm gonna give Darnell
something to think about besides rape.
Copy !req
670. By the time I'm through,
he'll run back to Sing Sing.
Copy !req
671. We've got a warrant
to search Mr. Darnell's locker.
Copy !req
672. Again? We're still looking
for a penknife.
Copy !req
673. You mind showing
these officers the way?
Copy !req
674. The warrant's also good
to search your work area,
Copy !req
675. which pretty much
covers the entire place. Start right here.
Copy !req
676. Okay! Everybody gather
around for mail call.
Copy !req
677. Do we have a
Christopher White here?Right here.
Copy !req
678. Here you go.
It's an invitation from the grand jury.
Copy !req
679. They want to talk to you
about your friendly neighborhood serial rapist.
Copy !req
680. Neal Dawson? Yeah, that's me.
Copy !req
681. Neal. Anybody who
doesn't show up gets cited for contempt.
Copy !req
682. I'm sure you'll all want
to thank your friend Lewis in a big way.
Copy !req
683. Rob McAllister?
Copy !req
684. We're finished
with the search. Sorry for the bother.
Copy !req
685. What about this?
You're dragging my neighbors into court.
Copy !req
686. It's not court,
it's the grand jury.
Copy !req
687. Yeah, well, I don't give
a damn what you call it. This is harassment.
Copy !req
688. We're conducting
a lawful investigation.
Copy !req
689. You live with
a rapist and a murderer,
Copy !req
690. you have to put up
with a few minor inconveniences.
Copy !req
691. This might be lawful
in Peking or in Havana,
Copy !req
692. but we're talking about
New York City here!
Copy !req
693. Look. Look at this!
Look at this crap!
Copy !req
694. You've got our phone number
and our address on here!
Copy !req
695. You have no right
to do this!
Copy !req
696. That didn't come
from the department or the D.A.'s office.
Copy !req
697. Yeah? Whoever did this
got the information from somewhere.
Copy !req
698. Hey, Megan's Law
says we have to inform local agencies
Copy !req
699. that there's a sex
offender living in their area.
Copy !req
700. You got a problem
with that, call Governor Pataki.
Copy !req
701. Hey, Lewis! Look at you.
Twenty-five blocks and hardly a drop of sweat.
Copy !req
702. I guess all that
walking around the yard
Copy !req
703. in Sing Sing
really paid off, huh?
Copy !req
704. So, what's the matter? Your
local bodega ran out of your favorite breakfast drink?
Copy !req
705. Hey, Rey, look what
I found on the floor.
Copy !req
706. Must have fallen
off the board.
Copy !req
707. You know,
that's a really good likeness, Lewis.
Copy !req
708. He was
hounded from his job.
Copy !req
709. He hasn't been
able to find a new employer.
Copy !req
710. His face has been
plastered all over the West Side.
Copy !req
711. He's a virtual pariah
in his neighborhood.
Copy !req
712. He has no choice
but to apply for a change of residence.
Copy !req
713. Who do you know
in Binghamton, Lewis?
Copy !req
714. A cousin.
Copy !req
715. He owns a pizzeria.
He said he can give me a job making deliveries.
Copy !req
716. Mr. Munro, I notified
the Broome County District Attorney's office.
Copy !req
717. He plans to oppose
his relocation.
Copy !req
718. Lewis, is there anywhere
else in New York State?
Copy !req
719. We sent notifications
to every county in the state. No one wants him.
Copy !req
720. Mr. Darnell's been in
contact with a relative outside Akron.
Copy !req
721. Yes. George Radford
in Greensburg.
Copy !req
722. The Summit County D.A.
doesn't want Mr. Darnell in his jurisdiction, either.
Copy !req
723. How did you know
about Radford?
Copy !req
724. We have a court-approved
wiretap on your client's phone.
Copy !req
725. Now, if Mr. Darnell
finds life in New York so intolerable,
Copy !req
726. he can live on the grounds
of the Camp Gabriel's work farm.
Copy !req
727. I'm not going
back to prison.
Copy !req
728. You wouldn't be an inmate.
You'd be on work release.
Copy !req
729. Work where?
It's in the middle of the damn woods.
Copy !req
730. Screw your work release.
Copy !req
731. Knock it off, Lewis.
Copy !req
732. Mr. Granick,
my hands are tied here.
Copy !req
733. Until Lewis comes up
with a community willing to take him,
Copy !req
734. I have to deny his request.
Copy !req
735. You son of a bitch!
Copy !req
736. I'm warning you.
You better step off, you understand?
Copy !req
737. You leave me
the hell alone!
Copy !req
738. There's only three ways
that's gonna happen, Mr. Darnell.
Copy !req
739. Either you'll kill me,
kill yourself or go back to prison.
Copy !req
740. Here's one from
the director of the division of parole.
Copy !req
741. You're interfering with
the proper administration of their field services.
Copy !req
742. It was their brilliant
idea to grant him parole in the first place.
Copy !req
743. Save your witticisms
for the police commissioner.
Copy !req
744. His office thinks that
your little operation is costing too much overtime.
Copy !req
745. I'm prosecuting a murder.
I'm not looking to save pennies.
Copy !req
746. By the way,
how is that case going?
Copy !req
747. He hasn't led
his police escort
Copy !req
748. to a secret
stash of evidence?
Copy !req
749. I'm stunned.
Copy !req
750. What am I supposed
to do, Adam?
Copy !req
751. Darnell won't oblige
me with a confession.
Copy !req
752. I need to tell these
people what you're doing
Copy !req
753. serves some
legitimate purpose.
Copy !req
754. I'm pushing hard
to break a suspect. Is that good enough?
Copy !req
755. Darnell isn't going
back to prison quietly.
Copy !req
756. He got the Southern
District Court to issue a restraining order.
Copy !req
757. How bad is it?He's putting us
out of business.
Copy !req
758. And he's got the
A.C.L.U. on board.
Copy !req
759. A.C... Oh, boy.
Copy !req
760. Forty-seven subpoenas,
six search warrants, three wiretap warrants,
Copy !req
761. 24-hour surveillance.
It's abusive.
Copy !req
762. It's entirely
within the scope
Copy !req
763. of my prosecutorial
authority.
Copy !req
764. Your Honor,
an independent magistrate
Copy !req
765. signed off on each
and every warrant.
Copy !req
766. The Gambinos never got
this kind of attention, Your Honor.
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767. Mr. McCoy, is there
a realistic hope
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768. of uncovering
relevant evidence here?
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769. We're looking for
the knife used in the crime,
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770. the clothes worn
by Mr. Darnell,
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771. and any person
he might've spoken to about the crime.
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772. Some of these
witnesses have been called
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773. before the grand
jury four times.
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774. Mr. Darnell's home
and workplace have been
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775. searched on three
separate occasions.
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776. When does this stop?
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777. When I'm satisfied
all leads have been exhausted.
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778. I don't take a lot
of comfort from that, Mr. McCoy,
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779. but Mr. Granick,
I don't see where your client's
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780. civil rights
have been violated,
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781. no matter what
the A.C.L.U. may have told you.
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782. With due respect,
Your Honor, you're missing the big picture.
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783. Now Mr. Darnell's name,
address and prison record
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784. have been distributed
throughout his neighborhood
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785. and made available
on a 900 number.
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786. Now, the neighborhood
watch, school boards, women's groups
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787. have all been
notified of the same...
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788. All of which is required
under the Sex Offender Registration Act.
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789. It's a high-tech
scarlet letter.
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790. Now, the state
punished Mr. Darnell once.
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791. It shouldn't have the right
to punish him again for the same crimes.
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792. This is not punishment.
It's fair warning to his neighbors.
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793. Mr. McCoy, my legal sense
tells me you're treading pretty close
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794. to an injudicious use
of prosecutorial power.
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795. I'm simply using
the tools the state has made available to me.
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796. Yes, you are. And I'm
gonna be watching you very carefully.
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797. Mr. Granick,
the restraining order is lifted
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798. and your application
for an injunction is denied.
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799. Step lightly, Mr. McCoy.
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800. "9:00 a.m. Subject exited
premises to purchase a newspaper.
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801. "2:26 p.m. Subject exited
premises for cigarettes.
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802. "2:29 p.m. Subject
looked in the direction of the surveillance car
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803. "and made an
obscene gesture."
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804. At least he's keeping
his sense of humor.
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805. Somebody isn't.
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806. About once a day
his daughter comes by to spit on the car.
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807. I'm sorry she's caught
in the middle of this.
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808. Counselor, this
turning of the screws,
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809. is this an
open-ended arrangement?
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810. That's up to
Mr. Darnell.
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811. The girl told her mother
just a few days ago.
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812. Why did she
wait so long?
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813. She didn't want
her mother to know
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814. she'd ditched
school that day,
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815. but when she saw
the posters, she recognized Darnell,
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816. decided to do
the right thing.
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817. Ms. Ross is from the
district attorney's office.
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818. Why don't you tell
her what happened?
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819. It was last month.
Natalie was home from school.
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820. She was in the kitchen.
She heard noises at the front door.
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821. Natalie, tell her.
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822. Someone was
jiggling the lock.
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823. I saw it was that
man through the hole.
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824. He said that
the super wanted him to check the radiators.
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825. He kept asking
her to open the door. Tell them what you said.
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826. I told him that if
he didn't go away,
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827. I'd call the cops.
That scared him off.
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828. It's that man. He's
sick. You gotta put him back in jail.
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829. Thank you.
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830. At the very least,
it's attempted trespass. We can violate Darnell.
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831. And we can have this
girl arrested for impersonating a witness.
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832. She might as well
have been reading off a teleprompter.
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833. Hey, look,
McCoy's been pushing us hard for a break.
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834. This one just walked in.
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835. If he wants to look
behind the curtain, that's up to him.
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836. Check out her story
and get back to me.
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837. The school had
a note on file from the girl's mother
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838. for the same day
the girl claims she ditched school.
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839. It was for
a dentist's appointment she had during lunch.
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840. That note's
probably a fake.
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841. The school verified
the mother's signature.
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842. What does
the dentist say?
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843. He confirmed there was
an appointment that day.
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844. So the girl went
home instead of the dentist's.
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845. They seem to remember
she had her cavities filled.
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846. "Seem to remember."
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847. What does the girl say?
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848. She and her mother
swear they changed the appointment,
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849. but I think
it's a non-starter.
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850. Well, if this lie
doesn't get Mr. Darnell out of the neighborhood,
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851. try a lynch mob.
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852. If there's evidence
they're lying,
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853. it's up to Darnell's lawyer
to present it to a jury.
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854. You want to
arrest him?
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855. You'll do nothing
of the kind.
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856. The girl's story is
credible on its face. My evidentiary burden is met.
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857. I don't care.
You can thumb your nose at a federal judge,
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858. but I won't let
you drag the law
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859. through a sewer
to catch a rat.
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860. It's not worth it.To put him
back in his box?
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861. We arrest him now,
it'll be six months before a jury sorts it out.
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862. Stop. Listen to
what you're suggesting.
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863. An arrest you know is false.
The inquisition is over.
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864. I'm sorry, Jack.
I should've kept my mouth shut.
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865. It's okay. He's right.
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866. Mr. McCoy, Detective
Briscoe's on line one. He said it's urgent.
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867. She was on her way
to her apartment
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868. when she saw
the door was open.
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869. She heard noises inside,
so she came in.
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870. The baseball bat was
in the umbrella stand.
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871. He was on top of her
friend. He had a knife to her throat,
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872. and that bag over her face.
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873. She took two
major-league swings.
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874. One to the right temple,
one to the forehead.
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875. Her friend's in there.
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876. She's got trauma from
the rape and the partial suffocation.
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877. E.M.S. says she'll be
all right, considering.
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878. I guess the pressure got
to Darnell. He had no place else to go.
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879. Where is she? In here.
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880. We'll get her statement
back at the squad room.
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881. Make it painless,
and get her back home.
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882. I'm sorry it had
to happen this way.
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883. Not all that sorry.
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