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. You sure
your brother said Jack's Donuts?
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7. Yes.
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8. Because there's
another donut place over on Hudson.
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9. He picked me up
here before.
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10. Actually it's more
like a coffee shop. But they got donuts.
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11. Pat's. Jack's,
Pat's. Kind of sounds alike.
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12. And we're the only places
that are open on Sunday mornings.
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13. Your brother
might've confused them.
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14. Hey, what if
he comes?
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15. Tell him
I went home.
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16. Pretty girl.
Nice ass.
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17. If I weren't
getting married next week, maybe I'd tag along.
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18. Excuse me,
are you gonna order anything
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19. or just help yourself
to the paper products?
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20. I'll take
a coffee to go.
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21. I was married once.
Didn't work, though,
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22. 'cause I was
hardly ever home.
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23. You think these
donuts make themselves?
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24. 5:00 in
the morning I gotta be here.
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25. Keep it.
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26. Oh, come on, Matthew,
what are you doing? Oh, God.
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27. Oh, God.
Oh! Matthew!
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28. Oh, God!
Somebody help! Help! Help!
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29. Three to the chest.
No wallet or watch.
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30. We found shells
over here, sent them to the lab.
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31. Robbed while he was
changing the tire.
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32. Two sets of palm
prints on the hubcap.
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33. Looks pretty fresh.
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34. M.E. says maybe
within the hour.
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35. Who is he?
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36. Uh, Matthew Sherman.
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37. Registration shows
a Woodmere address. Guy's sister found him.
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38. They're giving her
something to settle her down.
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39. He's got scraped
up knuckles. Maybe he put up a fight.
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40. And lost.
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41. Matthew was gonna...
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42. He was gonna pick me up
at the donut shop on Washington.
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43. Where were
you going?
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44. We were gonna
go visit a friend in Princeton.
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45. When he was half
an hour late, I figured
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46. there'd been
some sort of mix-up,
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47. so I decided to go home.
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48. He...
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49. If he hadn't been
coming to pick me up,
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50. this never would've
happened.
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51. Hey, you had
nothing to do with this.
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52. You're not responsible
for every psycho walking the streets.
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53. Did you notice
anyone in the area
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54. before or after
you found him?
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55. Um, there was just
the donut shop guy and another customer.
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56. When did the
other customer arrive?
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57. Right before
I left.
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58. You remember
what he looked like?
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59. What kind of
clothes he was wearing?
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60. Any distinguishing
characteristics?
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61. He was sort of
average looking, you know.
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62. He, uh... Just...
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63. He had jeans on
and a windbreaker, and he was wearing a cross.
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64. You know, it looked
sort of... Sort of medieval.
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65. Did you talk to him?
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66. Mmm-mmm. I think he just
wanted to clean his hands.
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67. They were
covered with grease.
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68. The palm prints
they found.
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69. I don't understand.
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70. I mean...
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71. Why would anyone
want to kill Matthew?
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72. He never hurt anyone.
They got his wallet.
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73. It isn't fair!
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74. How perfect is this?
Cops talking to a donut guy.
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75. Yeah. Tell us about
the customer
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76. who came in just
before the girl left.
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77. The one who
cleaned his hands?
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78. Barely a customer.
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79. He takes about 50 napkins,
and then he starts to leave.
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80. Well, after I call him
on it, he orders a coffee,
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81. then thinks he's a big shot
because he tips me a quarter.
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82. What I lost on napkins,
I barely broke even.
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83. Take these down
to the lab.
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84. Right.
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85. Did he mention
his name or say
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86. where he was
coming from or going to?
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87. Nothing except,
"Give me a coffee"
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88. and how if he
wasn't getting married next week,
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89. he'd be putting
the moves on the girl.
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90. Which I thought,
"That was out of line."
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91. But I didn't say anything
because it's not my business.
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92. My business is
selling donuts.
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93. Thanks for
clearing that up.
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94. Paper's all over this.
"Perfect Son Shot Down."
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95. The kid worked his
way through Princeton,
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96. got some big job
on Wall Street.
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97. He still volunteered
three days a week at some youth center uptown.
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98. That cross
everyone saw him wearing? I checked around.
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99. It's Greek Orthodox.
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100. I don't care if
he's a Buddhist.
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101. Hey, the guy said
he was getting married, right?
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102. So I checked with all
the Greek Orthodox churches in the area.
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103. Four weddings
scheduled this week.
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104. Maybe one of
the priests knows him.
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105. Good. Get on it.
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106. I'll get these
circulated.
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107. Just in
the neighborhood.
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108. For all we know,
this guy is just a witness.
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109. Hey, this was in
all the papers.
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110. If he's only a witness,
he would've come forward.
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111. Yes, he was here.
Seemed like a nice young man.
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112. Talked about basketball.
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113. You know his name?
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114. We didn't talk more
than five minutes. I'm sure he mentioned it.
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115. Michael something,
I think.
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116. This Michael, is he
the one getting married here Saturday?
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117. No. He wanted to,
but his fiancee wasn't of our faith.
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118. Jewish.
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119. Is he a member
of your church?
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120. Because his address
would be a big help.
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121. I'd never seen
him before.
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122. He said he'd just moved
here and wanted a wedding in our church
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123. because his fiancee
lives in the neighborhood.
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124. Is there a synagogue
in the neighborhood?
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125. Looks like
Ruth Gottlieb's fiance.
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126. You met him?
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127. They wanted to have
their wedding here,
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128. but I don't perform
interfaith ceremonies.
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129. Do you remember
his name?
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130. Yeah. Michael
Romak. Bardack. Something like that.
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131. I'm one of these guys
gets introduced to someone at a party,
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132. five minutes later
their name's a complete mystery.
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133. Well, what about
Miss Gottlieb? Do you know where she lives?
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134. She's an active member.
I'm sure she's in our files.
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135. The landlord
sent you?
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136. No, ma'am,
we're the police.
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137. I didn't pay
the rent because the damned landlord
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138. won't fix the blinds.
They're crooked.
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139. I called four times.
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140. Ma'am, do you know
your neighbor, Ruth Gottlieb?
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141. Never met her.
But I hear through the walls.
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142. Thin walls, huh?
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143. Not thin enough.
I have to hold a glass up to hear anything.
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144. Do you know
where she is now?
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145. Uh, her rehearsal
dinner for her wedding. At Pasta D'oro.
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146. You wouldn't happen
to know who she's marrying, would you?
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147. Uh, Mike Bodak. Huh!
A bellhop. If you ask me, she could do a lot better.
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148. Thanks for
your help.
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149. Sorry, guys,
this is a private party.
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150. We need to talk
to Mike Bodak.
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151. Mike, you know
these guys?
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152. No.
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153. He says he don't
know you.
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154. This is my
daughter's rehearsal dinner. I don't want it disrupted.
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155. Oh, a sergeant with
the Housing Authority.
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156. Raise you, Sarge.
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157. We need
a minute with Mike.
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158. Mike.
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159. These guys
are detectives.
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160. Daddy, what's
going on?
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161. Why don't we step
out here for a minute, huh?
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162. Stay with
your mother.
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163. I'm your
witness, Mike.
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164. Mike, we need to
know what you were doing last Sunday morning.
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165. I had brunch
at Ruth's.
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166. What about
before brunch?
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167. He worked all night.
The kid works his butt off.
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168. I worked
the overnight shift on my job.
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169. I'm a bellman at
the Warren Hotel.
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170. What time did
you leave work?
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171. About 9:00.
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172. Helped a guy
change a flat.
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173. Went to a
donut shop,
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174. and walked over
to Ruth's. That's it.
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175. This about
the guy who got shot?
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176. Oh, you know
about that, huh?
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177. Saw something
in the papers.
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178. And you didn't
think it was worth it to mention to the cops
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179. that you had
contact with this guy just before he was killed?
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180. Well, I didn't see anything.
And between working 16 hours,
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181. and the wedding and...
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182. So you got him for
donut shop patronage
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183. and helping
a guy with a flat.
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184. You gonna put in
for a commendation?
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185. Hey, shut up,
Sarge, or we take him
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186. down to the
stationhouse right now.
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187. You think I had
something to do with it?
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188. I helped a guy
change a tire.
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189. Where'd you get
the money for this?
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190. I'm gonna put it
on my credit card.
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191. Yeah? Well,
the restaurant manager told me
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192. Mike paid him in cash.
480 bucks.
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193. I got a big tip at work.
A Saudi prince took over the whole floor.
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194. All right, we're gonna
need your work and home addresses, huh?
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195. Yeah.
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196. Let's get
a couple of uniforms to sit on this kid, huh?
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197. Yeah, Mike worked Sunday.
Graveyard shift.
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198. What time
did he get off?
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199. He was on
the clock till 9:00, but he left at 6:00.
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200. How do you know that? He asked me
to punch him out.
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201. He said he had
some business to take care off.
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202. What kind
of business?
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203. He's been working
all kinds of jobs,
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204. looking for extra
money for the wedding.
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205. I guess that's what
it was connected to.
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206. Any Saudi
princes lately?
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207. Yeah. Nine or
10 months ago.
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208. Laid $50s
on all of us.
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209. We got a problem, Mike.
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210. I got a problem,
with those cops you got tailing me.
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211. You mind if
we come in?
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212. I gotta go to work.
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213. I don't know, Mike.
From what we hear,
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214. that job of yours has
pretty flexible hours.
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215. Last Sunday,
you left at 6:00, not 9:00.
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216. And that Saudi prince?
He was in town nine months ago.
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217. Let me give you
a piece of advice, Mike. Lying to us is really stupid.
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218. I was gonna call
to explain all that.
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219. Well, it better be
real convincing.
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220. I've been
working for a bookie the last few months.
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221. Answering phones.
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222. I took it to
make some extra cash
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223. to cover
the wedding expenses.
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224. I left work last Sunday
to handle early playoff action.
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225. And you didn't
tell us that. Why?
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226. Because you
thought we'd bust you?
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227. Yeah. That and you asked me
in front of Ruth's dad. He's a cop.
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228. I don't think he'd go
for his son-in-law working for a bookie.
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229. In case you forgot,
I'm getting married tonight.
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230. You know, we ran
your name through the computer.
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231. Does Ruth's dad
know you were arrested for auto theft?
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232. When I was 17.
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233. Yeah, but you'd
still know how to unload a fancy car.
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234. Car thieves
like empty cars.
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235. Hey, you needed the cash.
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236. You lied to us about
when you left work.
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237. You lied about
working for the bookie.
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238. That's hindering prosecution.
I could arrest you for that right now.
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239. Look, what do you
want me to do, make something up?
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240. I'm telling you
what really happened.
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241. Hey, if that's
what really happened,
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242. then you won't mind us
looking around your place, right, Mike?
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243. Yeah, go ahead, you know.
If it's gonna get rid of you.
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244. I gotta get to work.
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245. You know,
those cops downstairs will be there, too.
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246. Sherman's sister
said he was wearing
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247. a dark blue
windbreaker, right?
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248. Yeah.
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249. There's a dark
spot right here. You can hardly see it.
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250. Oh, that could
be blood.
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251. I don't like the motive.
He pulls stick-ups but he works two jobs?
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252. You've never had to
impress a fiancee.
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253. Bodak's been
clean for 12 years.
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254. One of the other
bellhops said he promised
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255. his girlfriend
a honeymoon in Hawaii.
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256. Now, I think he
looked at Sherman and saw two tickets to Maui.
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257. Home run on the jacket.
It's Sherman's blood type.
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258. What the hell is this?
I answered your questions.
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259. You're under arrest
for the murder of Matthew Sherman.
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260. What? You want to
step outside
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261. so we don't have to
embarrass your guests?
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262. I thought you took
care of this, Mike.I did.
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263. So what's
going on here?Mike?
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264. We're making
an arrest.
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265. What is this?
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266. This is
our wedding.
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267. It's some kind
of mix-up, honey.
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268. You have the right
to remain silent.I'll be back in an hour.
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269. Anything you say
can and will be used
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270. against you
in a court of law.
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271. You couldn't wait,
could you?
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272. You couldn't wait
three hours till the reception was over.
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273. You ruined my
wedding for nothing.
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274. Matthew Sherman
isn't gonna have a wedding,
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275. or a reception,
or anything else.
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276. Did I piss
someone off around here?
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277. The blood on your
jacket is type AB, just like Sherman's.
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278. We checked your
marriage license. You're type O.
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279. Maybe I brushed
up against him
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280. when we were
loosening the lug nuts.
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281. I think he cut himself.
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282. That's one explanation.
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283. Then there's one
that makes sense.
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284. Hey, if something
made you do it,
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285. if it was an accident,
if the gun went off by itself, whatever,
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286. you're a lot better
off giving us a reason.
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287. Otherwise, you'll
never spend another night with that fiancee of yours.
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288. Look, we know you
were at the crime scene, we know you needed the cash.
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289. The victim's blood
is on your jacket.
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290. In the homicide business,
that's like finding the Holy Grail.
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291. I'm in here,
and the real murderer, he's walking the streets.
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292. If you know
who did it, we're all ears.
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293. I didn't think so.
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294. Uh... Uh...
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295. There was another guy.
I passed a guy about halfway down the block
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296. from where I left the car.
A Puerto Rican guy.
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297. Yeah, that's how we
solve homicides, too. Nearest Puerto Rican did it.
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298. Look, I don't know
if he did it.
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299. But I passed him
right after I left, and he looked kind of scary.
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300. Hey, this is New York.
Everybody looks scary.
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301. No, no.
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302. He looked at me,
you know, like he was sizing me up.
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303. And he had
a tattoo on his hand like a dragon.
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304. Yeah, the old
sizing-up look.
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305. I'll put out an APB
on scary Puerto Ricans. He give you anything else?
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306. Not yet.
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307. Then probably not ever.
His lawyer's here.
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308. He waived his
right to counsel.
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309. They brought him.
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310. In-laws.
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311. No wonder
you're divorced.
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312. Get a warrant for
Bodak's work locker
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313. and the bookie joint
where he moonlights.
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314. Who is it?Police.
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315. Open the door or
we bust it down.
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316. Yeah, wait
a minute.
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317. If I smell
burning flash paper, you're going to jail.
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318. Open the door.
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319. Hey, whoa, guys.
Look, I just answer
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320. the phones around
here, all right?
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321. So answer it.
Answer the phone!
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322. Hello.
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323. Yeah, the Knicks are
getting five and a half,
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324. Heat are getting four,
the Yankees are six to five.
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325. Hey, look, guys, I swear,
I just answer the phones...
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326. Turn around and
face the wall.
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327. Mike Bodak
work here?Yeah.
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328. You ever hear about him
pulling any stick-ups?
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329. Mike? No.
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330. Did he mention
any cash he came into recently?
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331. Well, you know,
we all got bonuses around here.
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332. 500 apiece,
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333. after my boss
cleaned up on the De La Hoya fight.
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334. Oh, yeah?
Who's your boss?
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335. Who's your boss?
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336. Ray. Okay?
Ray D'Antoni.
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337. Bodak ever
carry a gun?
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338. No.
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339. Yeah. The Hawks?
Plus two.
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340. Yeah, you got it.
Five times, right.
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341. You don't mind
if we look around here, do you?
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342. Look, could you guys
please try not to damage the phones?
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343. I could get in a lot
of trouble around here.
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344. Boy, that was easy.
This belong to you?
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345. I swear, I've
never seen it.
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346. What's your name?
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347. Uh, Miles.
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348. We're going to have
to arrest you, Miles.
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349. Yes, sir.
I understand, but...
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350. I'll notify
Bronx Vice.
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351. You have
the right to remain silent...
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352. The Knicks plus
five and a half? I'd be all over that.
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353. Bad news
from ballistics.
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354. That gun isn't
the murder weapon.
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355. So we've got no
murder weapon,
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356. none of the victim's
possessions were in Bodak's apartment,
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357. and there's
a good explanation
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358. why he had cash on
him after the murder.
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359. Not exactly air-tight.
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360. I've been
going over these Neighborhood Watch reports
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361. from the area
of the shooting. A couple of weeks ago,
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362. a dry cleaner thought
he saw a woman being robbed.
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363. No police report
was filed, but the MO's pretty similar.
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364. A woman came into
my shop to call the Auto Club
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365. because her
Mercedes had broken down.
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366. After she returned
to her automobile,
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367. I saw a man leave
the pharmacy right there, and accost this polite lady.
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368. This man,
what did he look like?
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369. I didn't get
much of a look.
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370. Average height,
unshaven.
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371. Possibly Hispanic.
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372. Did he have
a tattoo?
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373. I wasn't close
enough to see.
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374. What did he do
to the woman?
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375. I saw him wave a pistol.
I was about to call the police,
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376. when the truck arrived
and the man ran off.
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377. The woman looked
very frightened.
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378. I think it's outrageous
the Auto Club
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379. would give out my
name and address.
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380. Well, they were just
trying to be good citizens, Ms. Watts,
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381. as we'd like
you to be.
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382. Well, I don't know
what I can tell you.
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383. Some degenerate
came up to me, waved a gun in my face,
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384. and demanded my
watch and wallet,
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385. which I was fully
prepared to surrender.
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386. That's when
the tow truck arrived.
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387. And this guy
took off?
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388. Yes. As soon as
he grabbed the Gucci sunglasses off my head.
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389. And you didn't think
it was worth reporting?
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390. So I could spend
hours in a courtroom?
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391. Make myself vulnerable
to all kinds of retribution?
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392. For a pair
of sunglasses?
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393. Do you remember what
this guy looked like?
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394. Clothes,
distinguishing features?
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395. Well, he was unwashed.
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396. And he had a vile
tattoo on his hand. Some sort of lizard.
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397. Yeah, he came in
last Friday morning. Puerto Rican.
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398. He spoke English
pretty good, but prescription medicine
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399. must've been a term
he didn't understand.
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400. He wanted
a prescription filled?
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401. Well, he brings in
a Percodan vial
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402. from the Bellevue ER
issued the day before.
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403. It says "no refills"
right on the label,
Copy !req
404. but then he starts
giving me some bull
Copy !req
405. about how they said he could
get more pills if he was still in pain.
Copy !req
406. Do you remember his
name or his address?
Copy !req
407. Well, if he'd been
a potential customer, I would've.
Copy !req
408. But this guy,
I never wanted to see him again.
Copy !req
409. Found it. A Ricardo
Garcia was prescribed 10 tablets of Percodan
Copy !req
410. on the 23rd
of last month.
Copy !req
411. You got an
address on that?
Copy !req
412. "NA." That's
"Not Available."
Copy !req
413. Thanks for
the explanation.
Copy !req
414. Does that mean
he's homeless?
Copy !req
415. Maybe. Or he didn't
want to give out his address,
Copy !req
416. or the doctor was
too busy to get it. Take your pick.
Copy !req
417. Who wrote
the prescription?
Copy !req
418. Dr. Marienthal.
Copy !req
419. Dr. Marienthal?
Copy !req
420. You'll have to
wait your turn.
Copy !req
421. I have a stab
wound coming in. Talk to the triage.
Copy !req
422. Well, until your
stab wound arrives,
Copy !req
423. maybe we could ask you
a couple of questions.
Copy !req
424. It can't wait till
the end of my shift?
Copy !req
425. When's that?
Copy !req
426. Day after tomorrow.
Copy !req
427. Doctor, that man with
the cucumber problem is back.
Copy !req
428. Put him in Two. On the 23rd,
Copy !req
429. you issued
a prescription
Copy !req
430. for Percodan to
a Ricardo Garcia.
Copy !req
431. Don't tell me,
he sold it on the street.
Copy !req
432. I'll tell you
something, gentlemen.
Copy !req
433. As long as drug
addicts walk in here
Copy !req
434. and get treated for
made-up symptoms...
Copy !req
435. Save the sermon, Doc.
This guy may have killed somebody.
Copy !req
436. You remember
anything about him?
Copy !req
437. I wish I could help.
Copy !req
438. You know how
many guys like him I treat every day?
Copy !req
439. Tall? Short?
Fat? Thin? What?
Copy !req
440. Guy came in about
that time who presented with terrible stomach cramps.
Copy !req
441. Hispanic, with
a big serpent tattooed on his hand.
Copy !req
442. Couldn't find
anything wrong with him.
Copy !req
443. He give you
an address?
Copy !req
444. Mention where
he lived?
Copy !req
445. He said he was in
too much pain to talk.
Copy !req
446. Bellevue ER
issued a prescription for Percodan
Copy !req
447. to a walk-in
named Ricky Garcia.
Copy !req
448. Tell you what,
I'll call the first thousand
Copy !req
449. Ricky Garcia's
in the phone book,
Copy !req
450. you call the
second thousand.
Copy !req
451. Whoa, whoa.
Only five Garcias got arrested this week.
Copy !req
452. Now, one, Ricardo,
for shoplifting six blocks from the murder,
Copy !req
453. and two blocks from
where Virginia Watts
Copy !req
454. got her $300 Gucci
sunglasses ripped off.
Copy !req
455. Garcia's being
arraigned this afternoon.
Copy !req
456. Grab him and stick
him in a line-up.
Copy !req
457. I'll get a warrant
for his place.
Copy !req
458. Where's Garcia? Gone.
Copy !req
459. The sergeant down
at the holding cell
Copy !req
460. thinks he was
sent up earlier.
Copy !req
461. Oh, great. Now we gotta
hope Garcia volunteers to stand in a line-up.
Copy !req
462. Lennie.
Copy !req
463. Two screw-ups in one day?
They trying for a record?
Copy !req
464. You're supposed
to bring Ms. Watts
Copy !req
465. down to the stationhouse.
What happened?
Copy !req
466. Well, the message
I got was to
Copy !req
467. bring her here
and find you guys.
Copy !req
468. Ms. Watts,
I apologize.
Copy !req
469. You weren't supposed
to be brought down here.
Copy !req
470. We wanted you to
view a lineup...
Copy !req
471. That's him!
Copy !req
472. Stay with her.
Ricky Garcia, you're under arrest for robbery.
Copy !req
473. I just posted bail.
What was the $50 for?
Copy !req
474. Something else. Let's go.
Copy !req
475. Police! Put your
hands over your head.
Copy !req
476. You live there? Yeah, but
I didn't do nothing.
Copy !req
477. Keep your hands
on the wall. You got ID?
Copy !req
478. "Tony Garcia."
You related to Ricky?
Copy !req
479. I'm his brother.
Copy !req
480. Is this because of Ricky?
Copy !req
481. How come Tony Garcia
has the initials M.S. on his wallet?
Copy !req
482. Ricky gave me that.
Copy !req
483. He tell you
where he got it?
Copy !req
484. Hey, look, I don't know.
I saw it and he gave it to me.
Copy !req
485. It's kind of like rent
'cause I'm letting him stay in my place.
Copy !req
486. All right,
Tony, you're gonna go down to the stationhouse.
Copy !req
487. But first, let us in. We got a warrant.
Copy !req
488. Unless you want us to
break the door down.
Copy !req
489. What did
Ricky do?
Copy !req
490. You tell me.
Copy !req
491. We'll start with
last Sunday.
Copy !req
492. Maybe you were
with him?
Copy !req
493. No, I was sleeping.
I don't know where he was.
Copy !req
494. Look what the criminal genius
had under his mattress.
Copy !req
495. Hey, that isn't mine.I believe you.
Copy !req
496. But we'll check
the prints just to make sure.
Copy !req
497. And this in his closet.
Copy !req
498. You know that phrase,
"Hindsight's 20-20"?
Copy !req
499. It means if you
could do some things over again,
Copy !req
500. you'd probably
do them differently.
Copy !req
501. I took
the sunglasses, okay?
Copy !req
502. Like you'd
probably dump the gun.
Copy !req
503. And you'd take
a closer look at your socks and see the blood on them.
Copy !req
504. And you definitely wouldn't
have paid your rent in stolen property.
Copy !req
505. I don't know what
you're talking about.
Copy !req
506. You know what?
Copy !req
507. We don't have to play
any more games with you.
Copy !req
508. We just got all
kinds of results back from the lab, Ricky.
Copy !req
509. That gun?
That's the murder weapon,
Copy !req
510. and your prints
are all over it.
Copy !req
511. Your sock has
Matthew Sherman's blood on it,
Copy !req
512. and they lifted
his prints and yours off that wallet.
Copy !req
513. Yeah. That's right.
Copy !req
514. So you want to tell us
what happened now, Ricky?
Copy !req
515. If you tell us,
and I mean a full statement,
Copy !req
516. we can probably get the D.A.
to back off that death penalty request.
Copy !req
517. If you don't,
you go on trial and get a conviction,
Copy !req
518. and get a lethal injection.
Either arm. They don't care.
Copy !req
519. You don't understand, man.
Copy !req
520. You know,
maybe the needle's the way to go.
Copy !req
521. I mean,
20, 30 years in prison, that's gotta be tough.
Copy !req
522. I... I didn't mean it to
happen like it did, man.
Copy !req
523. How did you mean
for it to happen?
Copy !req
524. The dude, man,
he wouldn't give me his watch.
Copy !req
525. If he gives me
the watch, I'm gone.
Copy !req
526. So since he wouldn't
give you his watch, you shot him?
Copy !req
527. Is that how
it happened?
Copy !req
528. I didn't mean to, man.
I swear.
Copy !req
529. Okay, I want you
to write down exactly what happened,
Copy !req
530. and date and sign
the bottom of each page.
Copy !req
531. Can I say how I
didn't mean to do it?
Copy !req
532. You mean,
how you only shot him
Copy !req
533. 'cause he wouldn't
give you his watch?
Copy !req
534. Yeah, yeah.
The D.A. will like that.
Copy !req
535. Garcia's a junkie
and a two-bit thief.
Copy !req
536. He's got three arrests,
no convictions.
Copy !req
537. A very
thorough confession.
Copy !req
538. Hey, he's the guy.
Copy !req
539. So was Bodak.
Let's get him back to his fiancee.
Copy !req
540. I'll arrange
the release.
Copy !req
541. Our trial prep
just got a lot easier.
Copy !req
542. Mr. Bodak, we're
very sorry about what happened.
Copy !req
543. Save it. We're not
gonna be friends.
Copy !req
544. We expedited your
release three hours after Mr. Garcia confessed.
Copy !req
545. I've been in
jail for three days.
Copy !req
546. You want to
make me feel good, leave me alone.
Copy !req
547. You owe him a lot
more than an apology.
Copy !req
548. Mike Bodak wasn't
just wrongly accused.
Copy !req
549. We can't just un-ring
the bell, Mr. Joostens.
Copy !req
550. He was humiliated
in front of his future wife and family.
Copy !req
551. We both know that
wasn't necessary.
Copy !req
552. And we thought
everything was working out so well.
Copy !req
553. He'll get over it.
Copy !req
554. Now for the bad news.
Garcia's attorney's trying to suppress the ID.
Copy !req
555. We have a meeting
with Judge Ianello tomorrow.
Copy !req
556. This was
no lineup, it was a setup.
Copy !req
557. An arranged
confrontation between
Copy !req
558. their witness and my
client in a courtroom.
Copy !req
559. The observation was
completely accidental, Your Honor.
Copy !req
560. I refer you to
People v. Diaz.
Copy !req
561. An accidental ID
in a police station
Copy !req
562. was ruled
unavoidable and admissible.
Copy !req
563. Well, this
was avoidable.
Copy !req
564. The police had
no reason to bring the witness to the courthouse.
Copy !req
565. It was a good
faith mistake.
Copy !req
566. Maybe. Maybe not.
Copy !req
567. They prejudiced
their witness against my client.
Copy !req
568. She saw him coming
out of a criminal courthouse with a lawyer.
Copy !req
569. She couldn't help assume
that he was a criminal.
Copy !req
570. It wasn't written
on his forehead.
Copy !req
571. An unshaven
Hispanic male in jeans and an army jacket
Copy !req
572. talking to
a white man in a suit. The implication is obvious.
Copy !req
573. He's right, Mr. McCoy.
The ID's tainted.
Copy !req
574. Your officers should have
exercised more care.
Copy !req
575. Your Honor,
the warrant to search my client's apartment
Copy !req
576. was predicated
on that ID.
Copy !req
577. Yes, the evidence
seized there is out as well.
Copy !req
578. That's a gun,
bloody sock and a wallet.
Copy !req
579. The wallet was found on
Mr. Garcia's brother outside the apartment.
Copy !req
580. Mr. Garcia has no
standing to object to a search of his brother.
Copy !req
581. That's one for you,
Mr. McCoy. The wallet's in.
Copy !req
582. There's still
the confession, Your Honor.
Copy !req
583. If my client
hadn't been confronted
Copy !req
584. with the illegally
seized evidence,
Copy !req
585. he never would
have confessed.
Copy !req
586. Your Honor,
under Frazier v. Cupp,
Copy !req
587. the police are
permitted to lie
Copy !req
588. to a suspect to
extract a confession.
Copy !req
589. To exclude a confession
based on the truth...
Copy !req
590. Well, then they
should have lied
Copy !req
591. instead of violating
my client's rights.
Copy !req
592. I'm afraid Mr. Shuman's right.
Copy !req
593. I'm going to
have to suppress it.
Copy !req
594. I'm due in court.
Copy !req
595. Oh, there's one
other thing, Your Honor.
Copy !req
596. What, Mr. Shuman?
Copy !req
597. My client's
sitting in Rikers. All they have is a wallet.
Copy !req
598. It's not enough to
sustain murder two.
Copy !req
599. We're developing
other evidence.
Copy !req
600. Well, when you do
you can re-arrest Mr. Garcia.
Copy !req
601. For now,
the charges against him are dismissed.
Copy !req
602. Cops blew it.
Won't be the last time.
Copy !req
603. Get an ID from
the dry cleaner or the pharmacist or both.
Copy !req
604. The pharmacist is on
a cruise for two weeks,
Copy !req
605. the dry cleaner
couldn't pick him out,
Copy !req
606. and the doctor
who treated him at Bellvue
Copy !req
607. doesn't remember
what he looked like.
Copy !req
608. Our only shot
is Bodak.
Copy !req
609. Bodak saw Garcia?
Copy !req
610. During the
second interview,
Copy !req
611. Bodak said
he passed a Latino
Copy !req
612. right after
he left Sherman.
Copy !req
613. You didn't have
him look at Garcia before he was released?
Copy !req
614. We had incriminating
physical evidence and a confession.
Copy !req
615. And now you have neither.
Better find Mr. Bodak.
Copy !req
616. Mr. Bodak, if you can
identify this man, we can re-arrest him.
Copy !req
617. Two days out of jail,
and you want me to save your ass?
Copy !req
618. Tell your bosses
it'll be 20 years before I owe them anything.
Copy !req
619. You don't owe them.
And since you barely knew Matthew Sherman,
Copy !req
620. I guess you
don't owe him either.
Copy !req
621. Hey, who owes me,
Ms. Ross?
Copy !req
622. You act like that
other stuff never happened.
Copy !req
623. I'm sorry.
Copy !req
624. Yeah, you're real good
at that, saying you're sorry.
Copy !req
625. I actually do feel
sorry for you.
Copy !req
626. A decent guy
who got screwed.
Copy !req
627. But when a decent
guy has the opportunity
Copy !req
628. to put a killer
behind bars, he stands up.
Copy !req
629. I guess you two
have met.
Copy !req
630. Listen, what happened
before was nothing personal.
Copy !req
631. The photo array
is all set up.
Copy !req
632. If there's any way we
can make it up to you...
Copy !req
633. You've done
enough already.
Copy !req
634. We're going to
show you six photos.
Copy !req
635. You see the guy
who passed you on Greenwich Street,
Copy !req
636. you point to him,
all right?
Copy !req
637. That's him. Number One?
Copy !req
638. You sure? Yup. Absolutely.
Copy !req
639. Whoa, whoa...
Copy !req
640. Fellows, relax, man.
I ain't going nowhere.
Copy !req
641. Put your hands
on your head, now.
Copy !req
642. Hey, you can't
do this.
Copy !req
643. Oh, no?
Watch this.
Copy !req
644. You're under
arrest for murder.
Copy !req
645. No, man!
His lawyer said that stuff got thrown out.
Copy !req
646. Never trust
lawyers, man.
Copy !req
647. The judge said that.
Copy !req
648. You have the right
to remain silent.
Copy !req
649. Hey, this is
wrong, man.
Copy !req
650. Anything you say... I didn't kill nobody.
Copy !req
651. can and will
be used against you
Copy !req
652. in a court of law.You change your mind?
Copy !req
653. I guess we'll just
have to convict you the old-fashioned way.
Copy !req
654. You have
the right to an attorney...
Copy !req
655. Your Honor,
this arrest makes a mockery of your ruling.
Copy !req
656. Mr. Garcia was independently
identified by a witness
Copy !req
657. who saw him in
the vicinity of the murder.
Copy !req
658. My client was in
that photo array
Copy !req
659. only because of
the tainted ID by Virginia Watts.
Copy !req
660. Mr. Garcia had
his mug shot taken
Copy !req
661. when he was arrested
for shoplifting.
Copy !req
662. It would've only
been a matter of time
Copy !req
663. before Mr. Bodak picked him
out of the mug books.
Copy !req
664. Sounds right to me,
Mr. Shuman. The arrest stands.
Copy !req
665. Your Honor,
I also ask you to reconsider your earlier suppression
Copy !req
666. of the murder weapon
and the bloody sock.
Copy !req
667. There's no way
they would've gotten a search warrant
Copy !req
668. based solely on
Mr. Bodak's ID.
Copy !req
669. If it was enough to
support an arrest,
Copy !req
670. it's certainly enough
to support a search warrant.
Copy !req
671. Nice try, Mr. McCoy.
Copy !req
672. What I said
before stands.
Copy !req
673. The gun and
the sock stay out.
Copy !req
674. You got Bodak's ID
and Garcia's prints
Copy !req
675. on the victim's wallet.
Good luck.
Copy !req
676. We have more than that.
Copy !req
677. His confession
was front page in all the papers
Copy !req
678. and led the 11:00 news.
Copy !req
679. The audience makes
up our jury pool.
Copy !req
680. They'll be
excluded in voir dire.
Copy !req
681. Only if they admit it.
Copy !req
682. Jack, I can't
reach Bodak.
Copy !req
683. He isn't answering
his phone, he isn't returning my messages,
Copy !req
684. and his boss said
he didn't show up for work.
Copy !req
685. Then you better get
over to his place.
Copy !req
686. The guy called
and said he did it
Copy !req
687. to prove that he
could get to me,
Copy !req
688. and that if I testify,
he's gonna do to my face what he did to the bed.
Copy !req
689. You should've
called us.
Copy !req
690. Look, I think
the best thing I can do
Copy !req
691. is just keep my
mouth shut, so can you please go?
Copy !req
692. Hiding out in your
apartment isn't the answer.
Copy !req
693. Well, I'll take it
over getting cut up.
Copy !req
694. We can protect you,
Copy !req
695. put you up in a hotel,
round-the-clock guards.
Copy !req
696. What, for the rest
of my life?
Copy !req
697. Look, we know
Garcia killed Sherman,
Copy !req
698. but we can't
prove it without you.
Copy !req
699. All I did was see a guy
walking down the street.
Copy !req
700. You're a material witness.
That means we can arrest you.
Copy !req
701. You do that.
Copy !req
702. We can drag Bodak into court,
but I don't think he'll finger Garcia.
Copy !req
703. Then the judge will
find him in contempt and throw him in jail
Copy !req
704. until he changes his mind.
Copy !req
705. He's not worried
about contempt,
Copy !req
706. he's worried about
having his throat slit.
Copy !req
707. I got the cops
watching his place.
Copy !req
708. How about we find
out who's making
Copy !req
709. the calls and
throw him in jail?
Copy !req
710. It's not Garcia.
Rikers keeps records of all inmate calls.
Copy !req
711. What about his loving
and supportive family?
Copy !req
712. There's only his brother.
Nothing on the home phone LUDs.
Copy !req
713. We've got a tap
on Bodak's phone.
Copy !req
714. If he never calls back,
you have nothing and we look like amateurs.
Copy !req
715. Cut a deal with Garcia.
Copy !req
716. Watch, they're
gonna offer us a deal.
Copy !req
717. We won't keep
you in suspense.
Copy !req
718. Mr. Garcia pleads
to murder two...
Copy !req
719. You're dreaming.
Copy !req
720. They got no case.
Copy !req
721. We recommend 20-to-life.
Copy !req
722. If that's all you're
putting on the table, then we're done.
Copy !req
723. You're putting
your life on the line.
Copy !req
724. You've got nothing.
You've got a wallet.
Copy !req
725. And a witness
who puts him in the middle of things.
Copy !req
726. The one who
remembered seeing someone,
Copy !req
727. what, during his
seventh or eighth interview?
Copy !req
728. A witness who
can't wait to testify.
Copy !req
729. I'll eat him alive.
The guy's got zero credibility.
Copy !req
730. Come on, you gonna
make a serious offer,
Copy !req
731. or are we just
gonna sit around here and play with ourselves?
Copy !req
732. The offer is murder two.
Copy !req
733. Guard.
Copy !req
734. Think about it, Ricky.
Copy !req
735. Rey, the rules say
you gotta play.
Copy !req
736. Yeah, yeah.
Copy !req
737. I don't know, Lennie.
We've been here two nights,
Copy !req
738. and Bodak's gotten
a total of two calls.
Copy !req
739. Gin.
Copy !req
740. Bingo.
Copy !req
741. Hello.
Copy !req
742. I guess you
weren't listening before.
Copy !req
743. You go to court,
you're a dead man.
Copy !req
744. Got him.
Copy !req
745. The number traces to
a Belvedere Refuse Company on West 23rd,
Copy !req
746. where Tony Garcia works.
Copy !req
747. I'll call and find out
what route he's working.
Copy !req
748. And I thought our
intimidator had retired.
Copy !req
749. Just needed
a little motivation.
Copy !req
750. Hey, Tony, you're under
arrest for intimidating a witness.
Copy !req
751. I don't know what
you're talking about.
Copy !req
752. We have tape
of you calling Bodak last night.
Copy !req
753. You want to do
yourself some good,
Copy !req
754. you'll tell us
what Ricky told you.
Copy !req
755. Or you could play
the dedicated brother, that's all right.
Copy !req
756. You can both go to
jail for 20 years.
Copy !req
757. I didn't do nothing,
and neither did my brother.
Copy !req
758. Witness tampering
is a felony.
Copy !req
759. And you have one
felony conviction already. Grand Theft Auto in '91.
Copy !req
760. That means you're
looking at four years for one phone call.
Copy !req
761. Unless you agree
to testify against your brother.
Copy !req
762. In which case,
we'll knock it down
Copy !req
763. to misdemeanor
attempted tampering
Copy !req
764. and recommend probation.
Copy !req
765. Hey, I didn't make
no phone calls.
Copy !req
766. We can get
a voice print.
Copy !req
767. Which is
notoriously unreliable.
Copy !req
768. You want your
brother to get off, right? Let's say that happens.
Copy !req
769. Then he's free,
and you're doing four years in Attica.
Copy !req
770. Seems to me you're getting
the short end of the stick.
Copy !req
771. Or maybe they'll both
get off because they're both innocent.
Copy !req
772. Or hadn't that
crossed your mind?
Copy !req
773. What if he gets out?
Copy !req
774. We have him on tape
making the threats.
Copy !req
775. He's not going anywhere.
Copy !req
776. I'm concerned
with his brother.
Copy !req
777. He will get out if
you don't testify.
Copy !req
778. Forget it, Mike. Who knows
what other friends Garcia's got out there?
Copy !req
779. Mr. Gottlieb,
I expected you to be more helpful.
Copy !req
780. I'm looking out for my own.
Mike's got Ruth to think about.
Copy !req
781. These animals
could just as well come after her.
Copy !req
782. We gave you protection.
Copy !req
783. We arrested
the person who was threatening you.
Copy !req
784. What more can we do?
Copy !req
785. You can
leave him alone.
Copy !req
786. If Garcia's on
the street, it's only
Copy !req
787. a matter of time
before he kills again.
Copy !req
788. That's good.
Making him feel guilty.
Copy !req
789. You can stop him,
Mr. Bodak, with your testimony.
Copy !req
790. It's not
your problem, Mike.
Copy !req
791. Can we count on you?
Copy !req
792. You got no
obligation whatsoever.
Copy !req
793. Yeah. Mike...
Copy !req
794. Frank, I saw the guy.
Copy !req
795. I can't agree with you, Mike.
You ought to be thinking about your family.
Copy !req
796. I'll hold up my end.
Copy !req
797. The tire jack
was on the street, next to the front tire.
Copy !req
798. At first,
I didn't see Matthew.
Copy !req
799. I found him in the car.
Copy !req
800. It didn't make sense.
I thought he was sleeping at first.
Copy !req
801. And then I saw
the blood all over his chest.
Copy !req
802. Do you recognize
this wallet?
Copy !req
803. Yeah. Yeah,
it's Matthew's.
Copy !req
804. Our grandfather
gave it to him for his 21st birthday.
Copy !req
805. Thank you, Tiffany.
Copy !req
806. Your witness.
Copy !req
807. Miss Sherman,
did you see my client
Copy !req
808. anywhere near
your brother's car?
Copy !req
809. No.
Copy !req
810. You testified
that you identified a man named Mike Bodak
Copy !req
811. coming into the donut shop
just before you left,
Copy !req
812. is that correct? Yes.
Copy !req
813. And he had
grease on his hands.
Copy !req
814. Yes.
Copy !req
815. Grease from
your brother's car. Objection.
Copy !req
816. The witness isn't
qualified to answer that.
Copy !req
817. Withdrawn.
Copy !req
818. Did Mr. Bodak
say anything to you
Copy !req
819. or to the counter
man when he came in?
Copy !req
820. No.
Copy !req
821. What did he do?
Copy !req
822. He wiped grease
from his hands.
Copy !req
823. Did he, um, seem to
be in a hurry?
Copy !req
824. I don't know.
He just took some napkins and cleaned his hands.
Copy !req
825. Thank you.
No further questions.
Copy !req
826. You may step down,
Miss Sherman.
Copy !req
827. Where's Bodak?
Copy !req
828. He was arrested
by Bronx Vice.
Copy !req
829. Mr. McCoy, call
your next witness.
Copy !req
830. Your Honor,
the People request a recess.
Copy !req
831. For what purpose?
Copy !req
832. Our final witness
has been delayed.
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833. We're confident
he'll be here shortly.
Copy !req
834. We'll recess
till after lunch.
Copy !req
835. And unless you have
a witness to present,
Copy !req
836. we'll move on to
the defense case.
Copy !req
837. Bodak went back
to work at one of
Copy !req
838. D'Antoni's other
bookmaking locations.
Copy !req
839. It was raided.
Copy !req
840. Where is he now?
Copy !req
841. In a holding cell
at the 58th Precinct.
Copy !req
842. The riding A.D.A.
in the Bronx is Polk.
Copy !req
843. You stay here
in case we need another delay.
Copy !req
844. Mike Bodak is the key witness
in the Garcia murder trial.
Copy !req
845. Without him,
we have no case.
Copy !req
846. From what I hear
you don't have much of a case with him.
Copy !req
847. We raided one of
D'Antoni's places as part of our operation.
Copy !req
848. It's not my
fault your witness
Copy !req
849. was sitting there
when we walked in.
Copy !req
850. I'm sure Corrections
will furlough him to testify.
Copy !req
851. You're an A.D.A.
You know we don't
Copy !req
852. want him coming in
with a felony record.
Copy !req
853. If I give
Bodak immunity,
Copy !req
854. he has zero
incentive to testify against D'Antoni.
Copy !req
855. Give him a walk
without immunity.
Copy !req
856. If you still
need Bodak later, you can pick him up.
Copy !req
857. It'll be months
before your trial starts.
Copy !req
858. What if he takes off?
Copy !req
859. It's a Class E felony
and his jacket's clean. He's not going to run.
Copy !req
860. You must be out of your mind
if you thought we'd agree.
Copy !req
861. Mike's not saying word one
at your murder trial
Copy !req
862. unless he gets
full immunity on these charges.
Copy !req
863. The Bronx D.A.
won't agree to that.
Copy !req
864. Then you have
a problem, McCoy.
Copy !req
865. Mr. Bodak,
you promised to testify.
Copy !req
866. He didn't promise to
incriminate himself for bookmaking.
Copy !req
867. Mike, anything you
say at the murder trial,
Copy !req
868. the Bronx D.A.
can use against you.
Copy !req
869. I'll do everything
I can to protect you on the stand,
Copy !req
870. but I need you
on the stand.
Copy !req
871. All right,
we're done talking, McCoy.
Copy !req
872. Mr. Bodak...
Copy !req
873. What? What am I
supposed to say?
Copy !req
874. Look where I am.
Copy !req
875. They want me to
finger Ray D'Antoni, Mr. McCoy.
Copy !req
876. They want me for that.
You want me for Garcia.
Copy !req
877. I'm getting killed here.
Copy !req
878. I know.
Copy !req
879. I don't understand.
I just helped a guy change a tire.
Copy !req
880. I-I don't get it.
Copy !req
881. You help me,
Mr. Bodak, and I'll help you.
Copy !req
882. I don't think he can
stand much more of your help.
Copy !req
883. Fine. Listen to him.
Stay here and stand trial for bookmaking,
Copy !req
884. while Ricky Garcia
is acquitted for lack of evidence.
Copy !req
885. All right,
that's enough, McCoy.You'll be in jail,
Copy !req
886. and he'll be out
there doing drugs and killing people.
Copy !req
887. Your choice.
Copy !req
888. It's too risky, Mike.
Copy !req
889. He was having trouble
loosening the lug nuts,
Copy !req
890. so I offered to help.
Copy !req
891. After I got the nuts loose,
we jacked the car up
Copy !req
892. and I pulled his tire off.
Copy !req
893. What did you do then?
Copy !req
894. Well, he said that he
could handle the rest, so I took off.
Copy !req
895. North on Greenwich.
Copy !req
896. As you were walking
north on Greenwich, did you pass anyone?
Copy !req
897. Yeah, um, half a block
from the car,
Copy !req
898. I passed a guy who
was walking towards
Copy !req
899. where Mr. Sherman
was fixing the flat.
Copy !req
900. Do you recall a statement
you gave the police
Copy !req
901. prior to Mr. Garcia's arrest?
Copy !req
902. Yes.
Copy !req
903. Do you recall how
you described the man you saw?
Copy !req
904. I said he was Hispanic,
average height,
Copy !req
905. with a dragon tattoo
on his right hand.
Copy !req
906. Is the man you saw
walking toward Mr. Sherman's car
Copy !req
907. in this courtroom?
Copy !req
908. Yes.
Copy !req
909. That's... That's him at
the table over there.
Copy !req
910. Let the record indicate
Mr. Bodak pointed at the defendant,
Copy !req
911. Ricky Garcia.
Copy !req
912. Your witness,
Mr. Shuman.
Copy !req
913. Mr. Bodak, you were
arrested and charged
Copy !req
914. with this murder also,
weren't you?
Copy !req
915. By mistake.
They let me go.
Copy !req
916. But only after you suddenly
remembered seeing someone
Copy !req
917. who resembled my client
near the scene of the crime, isn't that right?
Copy !req
918. Yes.
Copy !req
919. When you supposedly
stopped to help
Copy !req
920. Matthew Sherman
change the tire,
Copy !req
921. where were you
coming from?
Copy !req
922. From work.
Copy !req
923. You mean
from the hotel.
Copy !req
924. No.
Copy !req
925. Then from where?
Copy !req
926. You were coming
from a betting parlor
Copy !req
927. run by bookmaker
Ray D'Antoni,
Copy !req
928. where you answer the phone
and take bets, isn't that right?
Copy !req
929. Your Honor, I wish
to invoke my Fifth Amendment privilege.
Copy !req
930. In fact,
you were still working for Mr. D'Antoni
Copy !req
931. when you were
arrested yesterday, isn't that right?
Copy !req
932. Which is why you
weren't here earlier to testify.
Copy !req
933. Objection.
Relevance?
Copy !req
934. Goes to credibility,
Your Honor.
Copy !req
935. Overruled. Please answer
the question, Mr. Bodak.
Copy !req
936. Yes, that's why
I wasn't here. I was under arrest.
Copy !req
937. Do you collect betting debts
for Mr. D'Antoni? Perhaps by using force?
Copy !req
938. No. Matthew Sherman
ever place bets
Copy !req
939. with Mr. D'Antoni?
Copy !req
940. No. Well, I don't know.
Copy !req
941. Did he owe money to
Mr. D'Antoni
Copy !req
942. that you were
trying to collect that Sunday morning?
Copy !req
943. No. I don't do
that kind of stuff.
Copy !req
944. Well, then exactly
what kind of stuff did you do for Mr. D'Antoni?
Copy !req
945. I invoke my Fifth
Amendment privilege.
Copy !req
946. Your Honor,
please direct the witness to answer.
Copy !req
947. Mr. Bodak,
answer the question.
Copy !req
948. I invoke my
Fifth Amendment.
Copy !req
949. Approach, Your Honor?
Copy !req
950. Your Honor,
the witness forfeited his Fifth Amendment privilege
Copy !req
951. when he answered
the People's questions.
Copy !req
952. His whole line of
questioning is irrelevant.
Copy !req
953. All right,
take it to chambers.
Copy !req
954. The court will
take a short recess.
Copy !req
955. My questions might uncover
a credible alternate suspect to this crime.
Copy !req
956. They're completely
relevant. He's fishing.
Copy !req
957. Mr. Bodak was
put on the stand
Copy !req
958. for the very limited
purpose of identifying the defendant.
Copy !req
959. That's his limited
purpose, not mine.
Copy !req
960. Your Honor,
either Mr. Bodak answers my questions,
Copy !req
961. or I'm moving to strike. All right.
Copy !req
962. Mr. McCoy, your
witness cannot selectively
Copy !req
963. invoke his privilege.
It's all or nothing.
Copy !req
964. He's not putting his
ass in a sling for you, McCoy. He's got no immunity.
Copy !req
965. He's not about to
incriminate himself.
Copy !req
966. Does he know what
happens to this case if he doesn't answer?
Copy !req
967. I'm looking out for
his interests, not yours.
Copy !req
968. Mr. Bodak,
I'm going to give you another chance
Copy !req
969. to answer Mr.
Shuman's question.
Copy !req
970. Ms. Dorn, would you please
read back the question?
Copy !req
971. Question, "Then
exactly what kind of stuff did you do for Mr. D'Antoni?"
Copy !req
972. I invoke my Fifth
Amendment privilege.
Copy !req
973. All right, Mr. Bodak,
you're excused.
Copy !req
974. Your Honor, for the record,
before you make your ruling
Copy !req
975. I would like to
consult with the witness.
Copy !req
976. Denied. Mr. Bodak,
step down.
Copy !req
977. Members of the jury,
Copy !req
978. I would like to
instruct you to disregard
Copy !req
979. Mr. Bodak's
testimony in its entirety.
Copy !req
980. Strike it all.
Copy !req
981. He means disregard
that I ever saw him?
Copy !req
982. All your testimony.
Copy !req
983. Silence. Mr. Bodak,
leave or I'll cite you for contempt.
Copy !req
984. Mike, come on.
Copy !req
985. Your Honor,
I move for a dismissal of the charges
Copy !req
986. on the basis that
the People failed to prove their prima facie case.
Copy !req
987. I'll take that
motion under advisement.
Copy !req
988. Your Honor,
one moment, please.
Copy !req
989. What now, Mr. McCoy?
Copy !req
990. I'd like to
talk to my witness.
Copy !req
991. Objection, Your Honor.
Copy !req
992. I haven't
rested my case!
Copy !req
993. You have 30 seconds.
Copy !req
994. This is your last chance,
Mr. Bodak.
Copy !req
995. Michael, let's go.
Copy !req
996. Mr. McCoy,
I am not going to let him incriminate himself.
Copy !req
997. Mr. Bodak, you're the only
one who saw him. Don't let him walk.
Copy !req
998. Forget it. Mike,
this is not your problem.
Copy !req
999. Mr. McCoy, you through
with your witness or not?
Copy !req
1000. Make up your mind,
Mr. Bodak. Quickly.
Copy !req
1001. Mike!
Copy !req
1002. Your Honor, the People
would like to recall Mr. Bodak to the stand.
Copy !req
1003. Your Honor, I object.I'll allow it.
Copy !req
1004. Your Honor, I'm
Mr. Bodak's attorney... Sit down.
Copy !req
1005. Mr. Bodak,
take the stand. Remember you're still under oath.
Copy !req
1006. Mr. Bodak,
Copy !req
1007. Mr. Shuman asked you
what you did for Mr. D'Antoni.
Copy !req
1008. Are you prepared to
answer his question?
Copy !req
1009. Yeah.
Copy !req
1010. I took bets over
the phone for Mr. D'Antoni.
Copy !req
1011. Sometimes I helped
count money.
Copy !req
1012. That's why
they arrested me.
Copy !req
1013. But whatever you
think of me, that's okay.
Copy !req
1014. But it does not
change the fact that I saw that man
Copy !req
1015. walking towards
Mr. Sherman's car
Copy !req
1016. right before
Mr. Sherman was murdered.
Copy !req
1017. Thank you, Mr. Bodak.
Copy !req
1018. No more questions.
Copy !req
1019. Mr. Shuman?
Copy !req
1020. No questions.
Copy !req
1021. You may step down,
Mr. Bodak.
Copy !req
1022. Members of the jury,
I direct you to
Copy !req
1023. disregard my
previous instructions.
Copy !req
1024. You may now
consider all or part of Mr. Bodak's testimony
Copy !req
1025. during your deliberations.
Copy !req
1026. Madam Forewoman,
has the jury reached a verdict?
Copy !req
1027. We have, sir.
Copy !req
1028. Will the defendant
please rise?
Copy !req
1029. On the first count
of the indictment, murder in the first degree,
Copy !req
1030. how do you find?
Copy !req
1031. We find the defendant,
Ricky Garcia,
Copy !req
1032. guilty.
Copy !req
1033. On the second count
of the indictment,
Copy !req
1034. robbery in the first degree,
how do you find?
Copy !req
1035. We find the defendant,
Ricky Garcia, guilty.
Copy !req
1036. The Bronx D.A. dropped
the bookmaking charges against Bodak.
Copy !req
1037. We're lucky to have
had him as a witness.
Copy !req
1038. Nice to know that the entire
criminal justice system rises or falls
Copy !req
1039. on the decency
of a Mike Bodak.
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