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. Sure I can afford it.
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7. Mr. DeLuca, he knows
one of the waiters.
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8. So, he's going
to call him up
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9. so we can get
served wine.
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10. Well, they got...
They got table cloths. They got candles.
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11. Yeah, and they sing opera.
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12. Well, you know, maybe
I can get them to sing Happy Birthdayfor you.
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13. Hey, look,
I think I'm coming up on the address.
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14. Let me call you
when I get home, all right?
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15. Yeah. I love you, too.
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16. Hey, excuse me.
I'm looking for number 127.
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17. Do you know
which door that is?
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18. He was tapped once
in the back of the head,25 caliber.
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19. We got three casings
in a group back there,
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20. and four more spread out
along the sidewalk.
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21. The shooter
was running after the van.
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22. Yeah. The kid
tried to get away.
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23. Matthew Wheeler,
20 years old last month.
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24. It's his van.
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25. He was
just like this? Uh-huh.
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26. The perp must
have pulled him out.
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27. Yeah. He left the cash.
And the watch.
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28. And the four buckets
of chicken.
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29. DeLuca's,
41st and 8th.
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30. Good place.
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31. They make their
own chicken soup.
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32. I never saw
this kid there.
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33. Detective,
this is Mr. Sheehan. He saw it happen.
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34. Well,
not the whole thing, actually, I...
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35. Well, we'd appreciate
anything you can tell us.
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36. I was walking
along the street here, going home,
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37. when I heard
three shots.
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38. So I looked up
to the corner here,
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39. and I saw this van here
roll by the intersection.
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40. There was somebody
running along the passenger side
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41. shooting into the van.
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42. Can you describe
this somebody?
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43. Well, I didn't run up
to get a good look. I was pretty scared.
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44. And then what?
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45. Then nothing.
I ran home.
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46. Until I heard
the sirens.
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47. Okay. The detective
will take your statement. Thanks.
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48. Lennie, the address on
the delivery ticket, 127.
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49. You want to
deliver the chicken?
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50. 127 is an empty store.
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51. I should've never
sent him out this late,
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52. but four
large buckets...
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53. You got to make a living.
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54. He was only working
here a couple of weeks.
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55. Nice kid.
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56. This is really screwed up.
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57. Who took the order?
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58. He did.
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59. We didn't find a phone number
on the delivery ticket.
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60. I told him to always
get a number.
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61. Come on. Come on.
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62. I'm sure it's here.
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63. Why don't we check
the caller ID box? They save the numbers.
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64. Oh, right. I forgot.
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65. The call came in
right after 10:00.
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66. The early news
just started...
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67. Here. It's this one.
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68. Mr. DeLuca, you been having
any trouble with anybody?
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69. You know, maybe
somebody you pissed off.
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70. Or maybe you buy your chickens
from the wrong supplier?
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71. Nothing like that. Why?
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72. Well, the phony address.
No sign of a robbery.
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73. Almost looks like
somebody's trying to send you a message.
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74. Hey, I pay my bills,
I don't owe no Shylock.
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75. And I get my birds
from the right people.
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76. He's a good kid.
He never hurt anybody.
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77. What kind of a sick bastard
would do this?
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78. We'll get him.
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79. Can you think of anyone who
might've wanted to hurt him?
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80. No. He got along good
with everybody.
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81. I don't mean
any disrespect,
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82. but was he ever mixed up
with a gang or with drugs?
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83. No. He told me
that he tried pot.
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84. But, I mean, show me
a kid that doesn't.
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85. Oh, God,
I should call Lauren.
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86. Lauren?
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87. Yeah.
That's his girlfriend.
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88. He met her
at City College.
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89. He goes there part time.
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90. We're going to
need to talk to her.
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91. Yeah.
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92. I'll get the address.
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93. Excuse me,
it's Profaci.
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94. MR.
I'm telling you right now,
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95. the son of a bitch
who killed my boy,
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96. you better pray
you find him before I do.
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97. The call
to the chicken place came from here.
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98. I got people canvassing.
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99. Two witnesses in one day?
We should be so lucky.
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100. You checking that
for prints or what?
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101. Soon as I take it
back to the lab.
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102. This year?
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103. It's up to him.
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104. I can't just
disconnect a payphone.
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105. I have to have a work order
from my supervisor.
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106. And he needs a paper
from his supervisor,
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107. who needs a paper
from the city.
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108. Tell you what.
I'm going to give you a piece of paper.
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109. Now, this is
my card, see.
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110. I'm going to write
a little note on it.
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111. And the next time
you get stopped for speeding,
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112. you just show this
to the officer. Deal?
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113. Yeah? Okay.
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114. Check the coins,
too, huh.
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115. We got a match
from a thumbprint on two shell casings
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116. to partials on five coins
in the phone.
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117. So the shooter
made five calls.
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118. Looks like.
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119. There was a second set of
thumbprints on the casings.
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120. Can you put a face
to the prints?
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121. They're not
in the system.
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122. You get any more good news,
you hurry on back.
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123. We talked to
the victim's girlfriend, to his friends.
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124. The kid was the boy wonder.
I don't see any motive here.
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125. People don't kill
for no reason.
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126. This doer
made a phone call from Central Park
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127. for a delivery
40 blocks away.
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128. He wanted
a nice, quiet street.
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129. There are quiet streets
closer to the park.
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130. Tell me about
this bogus address.
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131. Repair shop
for small appliances.
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132. Went out of business
about 14 months ago.
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133. So our suspect
knows that
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134. because he lives
in that neighborhood.
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135. Yeah. Along with
40,000 of his neighbors.
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136. I got the dumps
from the payphone.
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137. Twenty-three calls made
in the hour and a half before the murder.
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138. Six to take-out places,
including the last one, DeLuca's.
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139. Five coins, five calls.
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140. He was trolling
for victims.
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141. Until he found
a place that delivered.
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142. Would be nice to find
someone who actually talked to this person.
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143. Okay. I got
this covered.
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144. I'll pick you up
around noon?
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145. Yeah,
we'll be out front.
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146. Oh, they were calling
from a phone booth.
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147. It didn't sound
on the up-and-up.
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148. There were two of them?
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149. Yeah. First the one guy
orders the buckets,
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150. then the other guy gets on
to give me the address.
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151. Young, old?
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152. Young, I think.
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153. The first one talked
through his nose. White guys.
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154. They wanted
two large buckets.
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155. Yeah. They ordered
four buckets from DeLuca.
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156. Four? Yeah, for four
I would've gone out myself.
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157. I'm really scared, Rey.
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158. I know you are, baby.
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159. But you're going
to be all right.
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160. I'm sure it's nothing.
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161. See you tonight,
all right?
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162. I love you.
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163. So?
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164. She's got to come back
for more tests.
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165. What's wrong with her?
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166. She's got some numbness
in her right foot. It comes and goes.
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167. They just want to
rule some things out.
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168. So, what's up
with our shooter?
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169. Well, there might've
been two of them.
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170. Young, probably white.
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171. They called four
other take-out places.
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172. The other two calls
were legit orders.
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173. That accounts for
four of the coins.
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174. Might've used the fifth
to call a number on the list.
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175. Well, here's the LUDs.
Take your pick.
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176. MRS.
It was him who called me.
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177. He forgot what he was
supposed to get from the store.
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178. He never
remembers anything.
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179. MR.I remembered
our phone number.
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180. You had it written down
in your wallet.
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181. Mr. Hemmerick. Yeah?
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182. Did you see anybody
hanging around
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183. the phone booth
the other night?
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184. Maybe a couple of kids?
They might've been white.
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185. Yeah, sure. Two boys,
they was laughing it up.
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186. One of them looked
a little Puerto Rican.
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187. They were
laughing it up about what?
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188. I wasn't listening to them.
I was listening to her.
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189. What did they look like?
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190. Maybe one of them
had red hair.
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191. I didn't get
a good look.
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192. He can't see at night.
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193. I see just fine!
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194. They had
loose-fitting clothes,
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195. and one of them
had skates
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196. with those
plastic wheels.
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197. You mean roller blades.
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198. That's right.
Roller blades.
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199. With green wheels.
Lime green.
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200. That was me
who used the phone.
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201. I called home
to check my messages.
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202. Did you notice any kids
waiting to use the phone?
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203. One of them might've
been on roller blades?
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204. Yes, I did,
and in fact, I borrowed a quarter from them.
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205. That explains that.
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206. Betty, could you make sure
that the legs go out to ortho by Friday?
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207. Explains what?
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208. Nothing. Please, sit down.
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209. Can you describe these kids?Sure.
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210. I've seen them before
in the park. At night.
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211. When was that?
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212. In the past month,
on three or four occasions.
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213. A couple of times,
they were with a young girl. Adele.
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214. Adele who?
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215. Oh, I don't know.
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216. She goes to a prep school.
I don't remember the name.
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217. But they wear blue blazers
with gold trim.
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218. Do you go
to the park very often at night?
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219. Yes. Yes, I do.
I find it very relaxing at night.
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220. What do you do there,
Mr. Shuster?
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221. I drink.
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222. With teenage girls?
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223. And middle-aged women,
college kids,
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224. lawyers, waiters,
off-duty cops.
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225. Everyone's welcome.
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226. I bet.
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227. Listen, we'd like you to
come down to the station house with us
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228. and talk to a sketch artist
about those two boys.
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229. Right now?
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230. Right now.
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231. Is she in trouble? No.
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232. But she might be
a witness to a crime.
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233. Adele does
have a knack for being
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234. in the wrong place
at the right time.
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235. And with
the wrong people. So we've heard.
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236. She's a challenge,
no doubt about it.
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237. I don't know
if she'll be home yet. School just let out.
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238. Could she still
be here?
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239. Susan? Have you
seen Adele Green?
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240. She left.
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241. But you could
try the bodega on 81st and 3rd.
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242. Whoa, Adele, police.
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243. Let me go.
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244. Just take it easy.
What do we have here?
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245. A big forty.
That's the good stuff.
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246. Supplying alcohol
to a minor.
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247. That's a $5 fine.
Get out of here.
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248. Take your hands off me!
You're hurting me!
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249. Stop moving,
we stop hurting.
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250. Let's go.
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251. I want to call
my parents.
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252. You can call them
from the station house.
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253. We found this stuff
in her backpack, Mrs. Green.
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254. We're not making it up.
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255. Fingerprinting her
like a common criminal.
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256. Don't you have
anything better to do?
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257. Doesn't this worry you?
Drugs, booze, condoms.
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258. I mean, she had
the whole James Dean fun pack with her.
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259. Well, that's
no reason to scare the wits out of her.
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260. You're scared, Adele?
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261. I wasn't hurting anybody.
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262. And what's this for?
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263. You open a lot of boxes
at your prep school?
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264. I need that because of
all the creeps out there.
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265. You mean,
the creeps you hang with in the park at night?
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266. That's none of
your damn business.
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267. Adele...
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268. Well, these two
are our business. Do you know them?
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269. No.
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270. Think harder, Adele,
somebody saw you with these guys.
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271. It wasn't me.
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272. This is
Ms. Green's lawyer.
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273. You mind?
Five's a crowd.
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274. At most she knows
these mutts.
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275. But we don't figure
she's involved in the murder.
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276. Are you sure
about that?
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277. We're ready.
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278. First of all,
she was at her relatives in Brooklyn Heights
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279. the night of this murder.
Ten people can alibi her.
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280. Second,
she's never seen either of these individuals.
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281. Mmm-hmm.
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282. Then maybe she can
tell us why we found
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283. her thumbprint
on a shell casing at the homicide scene?
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284. Oh, my God.
That's not possible.
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285. I'm afraid it is.
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286. You're implicated
in a murder, little girl.
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287. So cut the bull.
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288. Lieutenant, please.
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289. But I didn't.
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290. Okay, so I know them.
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291. They bought
a little gun last week, a.25 auto.
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292. They didn't know
how to load the mag, so I showed them how.
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293. And just where
did you pick up this knowledge?
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294. Around.
These guys are clowns.
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295. One of them
is always talking about
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296. how he wants to be
some major gangster.
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297. Names and addresses.
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298. Joey and Tagger.
I don't know where they live.
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299. How do you get
in touch with them?
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300. I see them
when I see them.
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301. In the park.
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302. I'm supposed to
hook up with them at the fountain around 7:00.
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303. Did they tell you
they were planning to kill a delivery man?
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304. They just said they
wanted to kill someone.
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305. They were always
talking about doing that.
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306. Why?
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307. Just to see
what it feels like.
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308. A thrill killing.
I take it back, Lennie,
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309. some people
don't need a reason.
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310. Guess the Macarena wasn't
exciting enough for them.
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311. Profaci,
we're getting up a team to stake out the park.
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312. The chicken guys? Yeah.
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313. Our informant says
that one of them
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314. has a job that keeps
him busy till 6:30,
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315. so we're not expecting
them till after that.
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316. Let's keep it small.
Maybe a half a dozen guys.
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317. We don't want to
spook the locals.
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318. How about taking
the girl along to ID them?
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319. No. I don't trust her.
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320. Well, there's Shuster,
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321. spare parts salesman
by day, drunk by night.
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322. Okay.
So the Rumble in the Jungle.
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323. The night before,
Angelo Dundee gets a big wrench
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324. and goes around
all four corners and loosens the top.
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325. That's the rope-a-dope!
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326. But it was
Muhammad Ali
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327. who did the floating
and the stinging.
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328. The man was sweet.
A poet.
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329. A real poet is Milton.
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330. You want to understand
the ways of God, Milton's your boy.
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331. When it comes
to understanding the ways of God,
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332. I prefer malt
to Milton.
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333. I know!
That's right!
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334. Hey. Over there.
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335. Straight down the path.
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336. Raise up! Five-O!
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337. Hey, stop!
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338. Hey, police!
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339. You okay?
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340. Just shoot me,
will you?
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341. We got the other guy.
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342. Well, Joey,
you think about what we talked about before?
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343. I don't know
what I'm doing here.
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344. Same old song, huh.
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345. He says
he was in the park all night on Tuesday.
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346. Except we found
his prints on coins in a payphone on 71st.
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347. And on the bullets
that killed the delivery guy.
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348. No, you didn't.Mr. Timon...
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349. No. You can't
get fingerprints...
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350. Mr. Timon, be quiet.
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351. Okay by us.
We'll just go talk to your buddy, Tagger.
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352. A little bird told me
this alleged buddy got away from you.
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353. If you want Mr. Timon
to help you find him,
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354. it's going to
cost you big.
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355. Yeah. Right.
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356. Like he's getting
a free trip to Disney World.
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357. Then find
the accomplice.
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358. Unless you want
to be somebody's punk for the next 25 years.
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359. It's a mistake.
My son goes to Saint Pete's.
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360. He has a part-time job.
He's not a killer.
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361. Maybe it's his friend, Tagger.
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362. You know him?
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363. I don't know
his friends.
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364. They don't stop in here
for cookies and milk.
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365. That kind of attitude
won't help your son, Mrs. Timon.
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366. I'm sorry,
this is very upsetting.
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367. Did Joey ever talk about
knowing anybody in Hell's Kitchen?
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368. He don't know those
people over there.
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369. He goes to school,
he goes to work.
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370. He comes home.
He's not some gypsy.
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371. And I guess he's never
been to West 23rd Street Electronics, huh?
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372. No. I don't know
where that came from.
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373. I remember him.
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374. He ran off
with the CD player about two weeks ago.
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375. Was there
anyone with him?
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376. A kid with red hair,
maybe?
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377. Yes, there was
another kid.
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378. He was at the counter
filling out a job application.
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379. I was helping him
when the other one... Oh, I see.
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380. I'm so stupid.
I can't believe it.
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381. That's okay.
A lot of merchants fall for that trick.
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382. This other kid
with the red hair, have you seen him since?
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383. No. He took
the application home.
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384. So no name,
no phone number?
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385. No. He said
he used to work at a repair shop on 11th.
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386. A repair shop for
small appliances?
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387. Yes. He said they
went out of business last year.
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388. The only employee I had
was Jose Martinez,
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389. and right now he's
drinking Cuba Libres in Miami.
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390. Well, maybe this kid worked
a couple of weekends.
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391. No. I could hardly
afford to pay Jose.
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392. Nobody gets things
fixed anymore.
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393. It's cheaper
to throw it away.
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394. And then
those rotten kids...
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395. What kids?
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396. That was the straw
broke my back.
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397. They burglarized me,
vandalized the place, broke my tools.
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398. What were they
looking for? Toasters?
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399. They get caught?
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400. Yeah. The judge
ordered restitution.
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401. I got a check for $17.00
from one of them.
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402. I didn't even
have insurance. Rotten kids.
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403. One of them's on
a full scholarship to Attica, another to Elmira.
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404. The other two are
keeping low profiles.
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405. Curtis. Yeah.
Hold on, got to get this.
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406. You got any photos
or fingerprints?
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407. No, not anymore.
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408. Juvie court
waved a magic wand when they turned 18.
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409. We got Robinson and Sloane,
the two I told you about,
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410. and Dale Kershaw
and Neal Behrens.
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411. The hole-in-the-head gang,
we called them.
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412. Real bright bulbs.
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413. Last knowns?
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414. Kershaw lives on 36th
with his brother.
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415. Behrens is on 43rd.
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416. The other three
fingered Kershaw as the ringleader.
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417. Okay.
We'll start with him.
Copy !req
418. I'll get you
some backup.
Copy !req
419. Thanks.
Copy !req
420. First stop is Dale Kershaw,
West 36th Street.
Copy !req
421. Byrne's getting us backup.
You okay?
Copy !req
422. Yeah. That was Deborah.
Copy !req
423. Her doctor got
the result of the MRI, and she has a...
Copy !req
424. She has a type of MS.
I wrote it down.
Copy !req
425. It's Relapsing-remitting
chronic progressive multiple sclerosis.
Copy !req
426. That's why
she had the numbness.
Copy !req
427. Rey. I'm sorry.
Copy !req
428. Listen,
why don't you go home? I'll call Profaci.
Copy !req
429. She's okay.
She's going to...
Copy !req
430. She's going to take the kids
to their swimming lessons.
Copy !req
431. Let's get this rolling.
Copy !req
432. We're not saying
your kid brother did anything.
Copy !req
433. We just need
to talk to him.
Copy !req
434. He's got a girl upstairs.
That's where he is.
Copy !req
435. This is
a bad situation.
Copy !req
436. I got to tell
our mother.
Copy !req
437. Mr. Kershaw, if you know
something that we don't...
Copy !req
438. You don't understand
about Dale...
Copy !req
439. Lennie. In a paper bag
in the kid's closet. .25 auto.
Copy !req
440. Aw, jeez.
I tried telling him.
Copy !req
441. All that big talk
about being a gangster, like the Westies.
Copy !req
442. What are you
going to do to him?
Copy !req
443. Don't kill him!
Please! Dale! I love you!
Copy !req
444. Shut up, Marlene!
Copy !req
445. Dale! Now, let's do this
the easy way, all right?
Copy !req
446. Just open the door and
come out nice and slow!
Copy !req
447. I can't.
Copy !req
448. We're not going
to hurt you.
Copy !req
449. I got no pants.
Copy !req
450. It's just us guys
out here, Dale.
Copy !req
451. Nothing we haven't
seen before.
Copy !req
452. Either I get my pants
or I don't come out.
Copy !req
453. All right, Dale.
Here. Here.
Copy !req
454. Look out
the keyhole now.
Copy !req
455. See?
Here's your pants.
Copy !req
456. Now I'm tossing them
to you.
Copy !req
457. All you have to do
is reach out and grab them.
Copy !req
458. Go ahead.
Copy !req
459. Okay.
I'm opening up the door.
Copy !req
460. No! Liar!
I want my pants!
Copy !req
461. Why, Dale?
I don't see anything here worth covering up.
Copy !req
462. There he is,
the criminal mastermind, Dale Kershaw.
Copy !req
463. A.K.A. Tagger.
Copy !req
464. This is from ballistics.
Copy !req
465. And this is
Mr. Shatenstein.
Copy !req
466. Stan Shatenstein.
From the 18B panel.
Copy !req
467. I'm looking for
a Dale Kershaw.
Copy !req
468. That's my client?
Copy !req
469. In all his glory.
Copy !req
470. Why is he handcuffed?
I thought this was just a weapons charge.
Copy !req
471. Well, that's
about to change.
Copy !req
472. The gun had prints
from him and Timon.
Copy !req
473. And it matched up
to the slugs.
Copy !req
474. I'll amend the charge.
Copy !req
475. Nap's over, hump.
Copy !req
476. Get up! What's going on?
Copy !req
477. Dale Kershaw,
you're under arrest
Copy !req
478. for the murder of
Matthew Wheeler.
Copy !req
479. Congratulations, Dale,
you made your bones.
Copy !req
480. You have the right
to remain silent. Anything you say
Copy !req
481. can and will be
used against you in a court of law.
Copy !req
482. You know,
you make fun of my case and I make fun of yours,
Copy !req
483. but at the end of the day,
you still have a problem.
Copy !req
484. Then, funny
how you came to us.
Copy !req
485. Under the circumstances,
murder two,
Copy !req
486. 20-to-life
is generous.
Copy !req
487. Your eyewitness
only saw one shooter.
Copy !req
488. The jury will
want to know,
Copy !req
489. was it Mr. Timon
or Mr. Kershaw?
Copy !req
490. Our position is
they were both there.
Copy !req
491. Anyway,
it doesn't matter.
Copy !req
492. They're accomplices,
they're both liable.
Copy !req
493. And what accessorial conduct
is my client guilty of?
Copy !req
494. He called the restaurant.
Copy !req
495. He put the bullets
in the gun.
Copy !req
496. Based on a six-point
fingerprint match.
Copy !req
497. That's hardly conclusive.
Copy !req
498. At most, he's guilty of
touching a gun a few days before the shooting.
Copy !req
499. Ms. Tyrell.
Give the jury some credit.
Copy !req
500. Even if your
brilliant presentation
Copy !req
501. of the evidence
convinces them that
Copy !req
502. Mr. Timon and Mr. Kershaw
planned this crime together,
Copy !req
503. my client will testify
that he changed his mind at the last minute.
Copy !req
504. He stayed in the park
Copy !req
505. while Mr. Kershaw went
to shoot the delivery boy.
Copy !req
506. And my client will say
that he's the one who backed out,
Copy !req
507. and it was Timon
who did the shooting.
Copy !req
508. That's reasonable doubt,
Mr. McCoy.
Copy !req
509. The gun
was in his room.
Copy !req
510. Timon gave it to him
the day after.
Copy !req
511. At worst he pleads
to facilitation.
Copy !req
512. He points at Timon,
and Timon points at him.
Copy !req
513. That's a very dangerous
defense strategy.
Copy !req
514. I've seen it work before.
People v. Wong.
Copy !req
515. And I've seen it not work.
People v. Benzinger.
Copy !req
516. I don't know that case.
I'll look it up.
Copy !req
517. Ms. Tyrell has shown me
jury verdicts in cases like this.
Copy !req
518. Two defendants
but only one possible shooter.
Copy !req
519. The odds are
on our side, Mr. McCoy.
Copy !req
520. Murder two, 20-to-life.
That's still our only offer.
Copy !req
521. You think about it
and give us a call. We're done.
Copy !req
522. They couldn't even
load a gun by themselves?
Copy !req
523. Clarence Darrow
got Leopold and Loeb. Who do we got?
Copy !req
524. Beavis and Butthead.
Copy !req
525. United they stand.
Copy !req
526. I read the jury studies.
Copy !req
527. If we try them together,
the percentages are against us.
Copy !req
528. Any grounds to
sever the trials?
Copy !req
529. No legal grounds.
Copy !req
530. No judge will do it
just to make our lives easier.
Copy !req
531. Then the answer's no,
unless the defense wants separate trials.
Copy !req
532. The eyewitness.
Copy !req
533. Couldn't pick them
out of a lineup.
Copy !req
534. We suck it in
and offer one of them
Copy !req
535. a deal to
implicate the other.
Copy !req
536. Yes. And if we
choose the wrong one?
Copy !req
537. So we take our chances
at trial.
Copy !req
538. Until you can tell a jury
which one pulled the trigger,
Copy !req
539. you don't go
near a courtroom.
Copy !req
540. You mean because
the eyewitness only saw one guy shooting at the van,
Copy !req
541. they could
actually get off?
Copy !req
542. Good chance the jury
acquits or hangs.
Copy !req
543. In other words,
we're better off without an eyewitness.
Copy !req
544. I can't believe
these two stumbled into the perfect crime.
Copy !req
545. You canvassed the subway?
Copy !req
546. Hey, we had people
at the 34th Street station
Copy !req
547. at 10:00 every night
for a week
Copy !req
548. passing their
pictures around.
Copy !req
549. We checked with
bus drivers, cabbies... Nobody remembers them.
Copy !req
550. This was the biggest thrill
of their lives.
Copy !req
551. They must've
bragged about it.
Copy !req
552. Not to the people we talked to.
Copy !req
553. Maybe you didn't talk
to the right people.
Copy !req
554. Hey,
we got to everybody.
Copy !req
555. We even got a list of
their visitors at Rikers,
Copy !req
556. parents, aunts, uncles,
Kershaw's girlfriend.
Copy !req
557. Yeah. I'd love to hear
these two mutts explain
Copy !req
558. how the whole thing
was a case of mistaken identity.
Copy !req
559. So would I.
Can we bug their conversations?
Copy !req
560. Won't work.
Timon and Kershaw are in the general population.
Copy !req
561. They see visitors
in a common room.
Copy !req
562. Some of my friskier clients
were held at Rikers in isolation.
Copy !req
563. I had to talk to them
through a glass divider over a telephone.
Copy !req
564. After Jamie had Rikers
move them into isolation,
Copy !req
565. she got a court order
to record their visits.
Copy !req
566. This was taped
yesterday morning.
Copy !req
567. The visitor
is James Galva,
Copy !req
568. Timon's uncle
on his mother's side.
Copy !req
569. I can't sleep, I'm so scared.
Copy !req
570. You don't know what happens
in this place, Uncle Jim.
Copy !req
571. You got to
get me out of here.
Copy !req
572. We'll do what
we can, Joey.
Copy !req
573. But if you did this killing
there's only one way out for you.
Copy !req
574. You have to
take responsibility.
Copy !req
575. You have to admit
what you did.
Copy !req
576. I want to.
Oh, God.
Copy !req
577. Just tell me
the truth, Joey.
Copy !req
578. I walked up on
the driver's side and I shot him.
Copy !req
579. Oh, God, Uncle Jim,
I'm sorry.
Copy !req
580. That's okay, Joey.
Copy !req
581. I'm just no good.
Copy !req
582. Don't say that.
God forgives you.
Copy !req
583. He loves you,
and so does your family.
Copy !req
584. I don't want
Mom to know.
Copy !req
585. You tell her
when you're ready.
Copy !req
586. Right now,
it's just between us.
Copy !req
587. And the People of
the State of New York.
Copy !req
588. Does he implicate
his accomplice?
Copy !req
589. Never mentions him.
Copy !req
590. We sent a transcript
to Timon's lawyer this afternoon.
Copy !req
591. She'll be happy.
Copy !req
592. What the hell
were you thinking?
Copy !req
593. Do you have tapes
of my meetings with him, too?
Copy !req
594. Except for
his conversations with you,
Copy !req
595. Mr. Timon has
no expectation of privacy while he's at Rikers.
Copy !req
596. What Joey said to me
is protected.
Copy !req
597. Mr. Galva, you should've
read the advisory when you signed in.
Copy !req
598. "All conversations
may be monitored."
Copy !req
599. I read it.
And it's Father Galva.
Copy !req
600. You're a priest?
Copy !req
601. A Jesuit priest.
Copy !req
602. And this is
a confession protected
Copy !req
603. by the priest-penitent
privilege.
Copy !req
604. He didn't identify himself
as a priest on the sign-in sheet.
Copy !req
605. Well, now you know.
Copy !req
606. He's been Joey's
spiritual advisor since his first communion.
Copy !req
607. Well, it hasn't been
a screaming success.
Copy !req
608. Ms. Tyrell,
Copy !req
609. what I heard didn't sound
like a confession the way I remember them.
Copy !req
610. Look, he could've
set it to music.
Copy !req
611. It's still privileged
and you can't use it.
Copy !req
612. I've searched Westlaw.
Copy !req
613. I haven't found
any New York cases on point.
Copy !req
614. How about
in other states?
Copy !req
615. The New York
statutes only say
Copy !req
616. we can't compel a priest
to reveal the contents of a confession.
Copy !req
617. Nothing prevents us
from taping one.
Copy !req
618. In other words,
we can start bugging churches.
Copy !req
619. I wouldn't go that far.
Jack, like it or not, we have the tape.
Copy !req
620. We should use it.
Copy !req
621. I wish it were
that simple.
Copy !req
622. That makes two of us.
Copy !req
623. Temporary restraining order
to keep the tape out of court.
Copy !req
624. Timon?
Copy !req
625. No. The Archdiocese.
Copy !req
626. If people don't feel safe
talking to their priests,
Copy !req
627. the church can't minister
to its flock.
Copy !req
628. Simple as that.
Copy !req
629. The sacrament of penance
is one of the pillars
Copy !req
630. of our religion,
Mr. McCoy.
Copy !req
631. As a catholic,
you know this.
Copy !req
632. And as an Assistant
District Attorney
Copy !req
633. I have a duty to
prosecute murderers
Copy !req
634. within the bounds
of the law.
Copy !req
635. We understand
and we concede
Copy !req
636. that the recording
was a good faith mistake.
Copy !req
637. You also have to concede
that it's a very unorthodox confession.
Copy !req
638. REV. Joey Timon
confessed his sins,
Copy !req
639. and Father Galva
gave him absolution.
Copy !req
640. That's all we require.
Copy !req
641. We ask you not to oppose
the restraining order.
Copy !req
642. And to destroy the tape.
Copy !req
643. Are you asking me
as a catholic
Copy !req
644. or as an officer
of the court?
Copy !req
645. As someone
who's sworn to uphold the Constitution.
Copy !req
646. Including
the First Amendment
Copy !req
647. and the free exercise
of religion.
Copy !req
648. I can't promise anything.
Copy !req
649. This tape is
the best evidence we have against Timon and Kershaw.
Copy !req
650. Violating the sanctity
of the confessional
Copy !req
651. interferes with
the practice of religion, Mr. McCoy.
Copy !req
652. It's not only
unconstitutional, it's immoral.
Copy !req
653. And protecting
two killers isn't?
Copy !req
654. Do you want to see
what they did to Matthew Wheeler?
Copy !req
655. They spilled his brains
on the street just for kicks.
Copy !req
656. We don't condone
what they did, Ms. Ross.
Copy !req
657. But when people
confess their sins,
Copy !req
658. it's an article
of our faith.
Copy !req
659. They're speaking to God
through a priest.
Copy !req
660. In plain English,
you fool with that,
Copy !req
661. you fool
with God's work.
Copy !req
662. I read it in the paper.
I couldn't believe it.
Copy !req
663. How can the church
do this?
Copy !req
664. How can they stand up
for that scum? They're not even human.
Copy !req
665. Matthew was
an altar boy.
Copy !req
666. Why don't they
stand up for him?
Copy !req
667. It's just not right.
Copy !req
668. Have you talked
with your priest?
Copy !req
669. MR. Our priest!
Copy !req
670. He said
the church has to do this to protect the sacraments.
Copy !req
671. The hell with the sacraments.
I want those punks to pay.
Copy !req
672. We'll do whatever
we have to. You leave that to us.
Copy !req
673. You know, the church says
God forgives even the worst sinners.
Copy !req
674. Well, maybe God can.
Copy !req
675. But we can't.
Not ever.
Copy !req
676. How they holding up?
Copy !req
677. About what you'd expect.
They got thrown a curve. How's Deborah?
Copy !req
678. She's okay.
That problem with her leg is clearing up.
Copy !req
679. The doctor says
to expect that,
Copy !req
680. symptoms
will come and go.
Copy !req
681. Oh, I talked
to my daughter at the hospital.
Copy !req
682. She gave me the names
of some specialists.
Copy !req
683. And a support group.
Copy !req
684. They've got support groups
for everything now.
Copy !req
685. Yeah, we got one
at our church.
Copy !req
686. But thanks, Lennie.
I'll pass it on to Deborah.
Copy !req
687. I haven't decided
what I'm going to do.
Copy !req
688. I've got to say,
I have to side with the church on this.
Copy !req
689. The case
isn't easy to make without the confession.
Copy !req
690. I don't want these guys
to walk either.
Copy !req
691. I want justice
for the Wheeler kid and his parents.
Copy !req
692. But this isn't
the way to do it.
Copy !req
693. Because it offends
your religious beliefs?
Copy !req
694. Even my own?
Copy !req
695. I'm not sure
that's a reason.
Copy !req
696. Give Lennie and me
some more time.
Copy !req
697. We'll make the case.
Copy !req
698. From what I hear,
you've already exhausted your leads.
Copy !req
699. Look, Detective,
Copy !req
700. I appreciate the input,
but it's out of your hands.
Copy !req
701. You're a catholic.
Copy !req
702. Not when I'm at work.
I'm sorry.
Copy !req
703. You know, so am I.
Copy !req
704. What you believe in,
your faith,
Copy !req
705. sometimes that's all
you have to go on.
Copy !req
706. You can't just
forget about it whenever you like.
Copy !req
707. Everybody's staking
out their territory.
Copy !req
708. You can't make
them all happy.
Copy !req
709. You want to weigh in?
Copy !req
710. Until I can figure out
which constituency to alienate the least,
Copy !req
711. it's your call.
Copy !req
712. Thanks.
Copy !req
713. And I have to
figure out
Copy !req
714. which clause of
the First Amendment I like the most,
Copy !req
715. the separation
of church and state
Copy !req
716. or the free exercise
of religion.
Copy !req
717. So for you it's
a constitutional issue.
Copy !req
718. Not entirely.
Copy !req
719. Well, you're the last person
I expected to have a problem with this.
Copy !req
720. No one's more surprised
than me.
Copy !req
721. Who knows what'll happen
to that tape.
Copy !req
722. Right now,
it's leverage.
Copy !req
723. Use it
before you lose it.
Copy !req
724. I've read this.
Ms. Tyrell gave me a copy.
Copy !req
725. It doesn't say anything
about my client.
Copy !req
726. That's right,
but it's the nail in Mr. Timon's coffin.
Copy !req
727. Once we get the
restraining order lifted
Copy !req
728. and we're free
to use his confession,
Copy !req
729. he'll be begging us
for a deal.
Copy !req
730. And he might get one
unless we already have a deal with your client.
Copy !req
731. Ms. Tyrell and I have
already discussed this.
Copy !req
732. I wouldn't put all your eggs
in Ms. Tyrell's basket.
Copy !req
733. What kind of deal
are we talking about?
Copy !req
734. I'll start the bidding
at twenty to life
Copy !req
735. in exchange
for his testimony.
Copy !req
736. I only need one
of you, Mr. Kershaw.
Copy !req
737. I don't care which.
Copy !req
738. You're going to
get nothing.
Copy !req
739. Talk to your lawyer
before...
Copy !req
740. I don't need this
pencil-neck here
Copy !req
741. to tell me
what time it is.
Copy !req
742. I talked to my man Joey.
Copy !req
743. He's got you beat
on this confession deal.
Copy !req
744. So we got nothing
to worry about.
Copy !req
745. Thank you, Mr. Kershaw.
You just made up my mind for me.
Copy !req
746. The suspicion that
any freely-confessed sin might become public
Copy !req
747. is a deterrent
to participating
Copy !req
748. in the sacrament
of penance.
Copy !req
749. This tape makes it
impossible for clergy like Father Galva
Copy !req
750. to minister to those
who arguably need it the most,
Copy !req
751. people like
Mr. Timon.
Copy !req
752. Your Honor,
if you don't allow us to use this tape,
Copy !req
753. you're placing
the church's claim
Copy !req
754. above the authority
of the state.
Copy !req
755. This violates the separation
of church and state
Copy !req
756. envisioned by
the Founding Fathers.
Copy !req
757. So under your analysis,
the church has less protection
Copy !req
758. because it is
a religious establishment.
Copy !req
759. Doesn't that stand
freedom of religion on its head?
Copy !req
760. With all due respect,
Your Honor misses my point.
Copy !req
761. I don't expect this court
to afford the church less protection.
Copy !req
762. I'm just saying
that Your Honor
Copy !req
763. shouldn't give it more
than that enjoyed by your average citizen.
Copy !req
764. That's what
the Constitution demands.
Copy !req
765. Your Honor... I've heard enough.
Copy !req
766. Sit down, Mr. McCoy.
Copy !req
767. The clergy-penitent
relationship is one of the most sacred
Copy !req
768. recognized
by this nation.
Copy !req
769. As such, Mr. Timon
and Father Galva were reasonable in relying
Copy !req
770. on the laws of New York
and this country's respect of religion in general,
Copy !req
771. to protect their
private communications.
Copy !req
772. Mr. McCoy,
you've cited no case
Copy !req
773. in which a court
has approved
Copy !req
774. the invasion of
the rite of confession
Copy !req
775. by any agency
of the government,
Copy !req
776. and my own research
has found none.
Copy !req
777. For these reasons,
I'm enjoining the District Attorney
Copy !req
778. and all parties hereto
from using in any trial
Copy !req
779. or disseminating
by any fashion
Copy !req
780. the contents
of this confession.
Copy !req
781. No. No. This isn't justice.
That animal killed my boy!
Copy !req
782. Sit down! How can you protect him?
Copy !req
783. This can't be
what God wants!
Copy !req
784. Officer, remove that man.
Copy !req
785. MR.
This isn't fair, how can you do this?
Copy !req
786. He killed my boy!
He killed him!
Copy !req
787. Oh, God,
my boy's dead!
Copy !req
788. Your Honor,
for the record,
Copy !req
789. I intend to serve
a notice of appeal
Copy !req
790. on grounds that
your blanket injunction
Copy !req
791. isn't in the interest
of justice.
Copy !req
792. I think I've addressed
that issue, Mr. McCoy.
Copy !req
793. I don't believe
you have, Your Honor.
Copy !req
794. You've completely ignored
the impact of your ruling on third party action.
Copy !req
795. For example,
the victim's family
Copy !req
796. bringing
a wrongful death suit against Mr. Timon.
Copy !req
797. Mr. McCoy...
Copy !req
798. This tape has probative
Copy !req
799. and exculpative value
Your Honor has simply neglected.
Copy !req
800. Your Honor, if I may.
Copy !req
801. I'm counsel for
Mr. Timon's co-defendant, Dale Kershaw.
Copy !req
802. This tape
may very well prove my client innocent
Copy !req
803. from having participated
in this crime.
Copy !req
804. In this narrow instance,
Copy !req
805. the exculpative value
of evidence
Copy !req
806. must supersede
the priest-penitent privilege.
Copy !req
807. Please, sit down.
Sit down!
Copy !req
808. Mr. McCoy,
you see what you started?
Copy !req
809. This isn't what
I had in mind.
Copy !req
810. No? Tell you what,
Mr. McCoy,
Copy !req
811. I'm going to
amend my decision.
Copy !req
812. You're still enjoined
from using the confession against Mr. Timon.
Copy !req
813. But Mr. Kershaw may
use it in his own defense. Adjourned.
Copy !req
814. Your Honor,
you can't allow the...
Copy !req
815. I said we're adjourned.
Copy !req
816. Nice going.
Copy !req
817. I thought it went
pretty well, considering.
Copy !req
818. You just handed
Kershaw a gift.
Copy !req
819. He'll use the confession
to prove Timon did the shooting
Copy !req
820. while he was
off roller-blading in Central Park.
Copy !req
821. Not unless he severs
his trial from Timons.
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822. Once they're
tried separately
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823. their little
finger-pointing routine won't work.
Copy !req
824. The federal judge ruled
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825. the confession tape
can't be used against Mr. Timon.
Copy !req
826. Now, if Mr. Timon
and my client are tried together,
Copy !req
827. that means that
the jury will be barred
Copy !req
828. from hearing
the only evidence
Copy !req
829. that exonerates
my client.
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830. Because the confession
exculpates your client
Copy !req
831. while implicating
Mr. Timon.
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832. Yes, Your Honor.
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833. That's why you must
sever the trials,
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834. so that my client
can present the tape to a jury
Copy !req
835. without violating
the federal court order.
Copy !req
836. All right. What
Mr. Shatenstein fails to appreciate here is that
Copy !req
837. this is just a ploy by
the District Attorney
Copy !req
838. to drive a wedge
between our clients.
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839. And this is legal grounds to oppose severance?
Copy !req
840. I don't think so,
Ms. Tyrell.
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841. Mr. McCoy, do the People
take a position
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842. on Mr. Shatenstein's
motion to sever?
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843. No, Your Honor.
We'll rely on your good judgment.
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844. Then the motion's granted.
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845. The defendants
will be tried separately.
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846. Shatenstein
is an idiot.
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847. I told him
it was a sucker play.
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848. You're imagining things.
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849. My imagination
put me through B.U.,
Copy !req
850. playing the ponies
at Suffolk Downs.
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851. Jack, I just realized
we are better off with two trials.
Copy !req
852. It's very cute.
There's still only one shooter.
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853. You try Kershaw first
and convict him,
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854. you give my client
the perfect defense.
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855. You try Timon first,
Kershaw's off the hook.
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856. That's a tough
decision, McCoy.
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857. Odds are still
on our side.
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858. I won't have to
flip a coin.
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859. While I'm arguing
to a jury is that your Mr. Timon
Copy !req
860. fired the bullet that
killed Matthew Wheeler,
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861. Ms. Ross
will be down the hall telling another jury
Copy !req
862. it was Mr. Kershaw.
See you at the track!
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863. Simultaneous trials?
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864. Otherwise,
whoever's tried first,
Copy !req
865. the other one
gets a walk.
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866. I want them
both convicted.
Copy !req
867. Of firing
the same bullet?
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868. You familiar with
the laws of physics?
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869. I'm familiar
with the laws of the state of New York.
Copy !req
870. I'm playing
legal tiddly-winks with these punks.
Copy !req
871. What I'd really
like to do is
Copy !req
872. take them out
to Battery Park
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873. and hang them
by the scrotum.
Copy !req
874. Understandable sentiment.
But stick to tiddly-winks.
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875. It's from Tyrell
and Shatenstein.
Copy !req
876. Motion opposing
simultaneous trials.
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877. I guess you're going to
find out what the law thinks.
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878. Look, he can argue
Timon was the shooter or Kershaw was,
Copy !req
879. but he knows damn well
it wasn't both of them.
Copy !req
880. Your Honor,
in each trial
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881. I'd simply be arguing
from the facts in evidence,
Copy !req
882. and the facts
permit the reasonable inference, in one case,
Copy !req
883. that Timon
shot the victim,
Copy !req
884. and in the other,
that Kershaw did.
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885. How can he say that
two different people fired that bullet?
Copy !req
886. It doesn't make sense.
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887. Nothing in the law
prevents me from simultaneously arguing
Copy !req
888. different facts
to different juries in the same case.
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889. He's absolutely right.
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890. It doesn't stand up
to logic.
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891. Welcome to
the judicial system.
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892. Your Honor,
how's it going to look?
Copy !req
893. Come on.
You let him do this,
Copy !req
894. it's going to undermine
public confidence in the court.
Copy !req
895. Nothing undermines
public confidence
Copy !req
896. like seeing two
cold-blooded killers walk free.
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897. Yes, yes, Mr. McCoy.
Ms. Tyrell, Mr. Shatenstein,
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898. regardless of what
a logician might think,
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899. Mr. McCoy can in fact
present two separate
Copy !req
900. and mutually exclusive
theories of the crime
Copy !req
901. to two different juries
in concurrent trials.
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902. In short,
your motion's denied.
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903. Your Honor,
Copy !req
904. I move to
un-sever the trials.
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905. In light
of your decision,
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906. our clients should
be tried jointly.
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907. Mr. Shatenstein, you have
a strange sense of humor.
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908. You all have a nice day.
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909. Frankly, I don't know
what an appellate court
Copy !req
910. would do
with a conviction.
Copy !req
911. Not that my client's
eager to find out.
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912. My offer hasn't
changed, Mr. Timon. Twenty to life.
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913. I'm so tired.
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914. I can't take not knowing
what's going to happen to me.
Copy !req
915. You know you'll have to
get up in court and testify against Kershaw.
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916. Yes, ma'am.
Copy !req
917. You'll have to say
what the two of you did.
Copy !req
918. I know.
Copy !req
919. I got one thing.
Copy !req
920. I want to be in a prison
close to the city.
Copy !req
921. So my mom and uncle
can come visit.
Copy !req
922. We can arrange that.
Copy !req
923. And after
you ordered the food, what did you do?
Copy !req
924. We took the subway
to 34th Street
Copy !req
925. and then we walked
to the address that Dale told the guy.
Copy !req
926. Who had the gun
at this point?
Copy !req
927. I did. But Dale
wanted to go first.
Copy !req
928. What do you mean
"go first"?
Copy !req
929. To shoot first.
Copy !req
930. How did you decide
who'd go first?
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931. Well, we went
odds-evens,
Copy !req
932. you know, like,
with our fingers.
Copy !req
933. And who won?
Copy !req
934. I did.
Copy !req
935. What happened next?
Copy !req
936. Well, we waited
for the guy.
Copy !req
937. He drove up real slow.
Copy !req
938. Then he called over
to Dale.
Copy !req
939. What did you do?
Copy !req
940. I came up behind him.
Copy !req
941. He must've heard me.
Copy !req
942. He turned around
and he looked at me.
Copy !req
943. I started shooting.
Copy !req
944. How many shots?
Copy !req
945. Three.
Copy !req
946. And then?
Copy !req
947. And then he drove away.
So Dale took the gun from me,
Copy !req
948. ran after him,
shooting at him.
Copy !req
949. Then the van rolled
into a street light.
Copy !req
950. And what did Mr. Kershaw
do after that?
Copy !req
951. He opened the door.
The guy had his head on the steering wheel.
Copy !req
952. There was blood
coming out of his ears.
Copy !req
953. Dale and me,
we pulled him out.
Copy !req
954. He was just laying
on the street,
Copy !req
955. looking up
at the street light.
Copy !req
956. He was still alive?
Copy !req
957. Yes, sir.
Copy !req
958. He was hardly
breathing.
Copy !req
959. We stood there
and we watched him die.
Copy !req
960. Then we ran off.
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961. I'm real sorry.
Copy !req
962. Before
I pronounce sentence, pursuant to statute,
Copy !req
963. the family of the victim
has an opportunity to address the court.
Copy !req
964. Mr. and Mrs. Wheeler,
you may step forward.
Copy !req
965. Here, Your Honor?
Copy !req
966. Yes, that's fine.
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967. Whenever you're ready.
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968. I just want to say
that my life...
Copy !req
969. My life stopped
when Matthew died.
Copy !req
970. Nothing's the same.
Copy !req
971. I can't...
Copy !req
972. You...
Copy !req
973. I'm sorry
for losing my son.
Copy !req
974. I'm sorry
you killed him.
Copy !req
975. I'm sorry
you're going to spend
Copy !req
976. the rest of your life
in prison.
Copy !req
977. You made a bad choice.
Copy !req
978. You broke the golden rule.
Copy !req
979. To love other people
like you love yourself.
Copy !req
980. For the last four months,
I have tried to hate you.
Copy !req
981. But I can't.
Copy !req
982. I just can't hate you.
Copy !req
983. The church is right.
Copy !req
984. Even you and your friend
deserve God's love and protection.
Copy !req
985. So I'm going to pray
that God watch over you
Copy !req
986. in that terrible place
you're going.
Copy !req
987. Mr. Kershaw,
please stand up.
Copy !req
988. A jury having
found you guilty
Copy !req
989. of Murder in
the Second Degree
Copy !req
990. and criminal Possession
of a Weapon in the Second Degree,
Copy !req
991. this court sentences you
to a term no less than 30 years
Copy !req
992. and no more than the term
of your natural life
Copy !req
993. to be served
at a facility
Copy !req
994. to be determined
by the Department of Correction.
Copy !req
995. Thrill-killers are
protected by the church.
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996. The law says two people
can fire one bullet.
Copy !req
997. And now the victim's mother
forgives them.
Copy !req
998. You figure it out.
Copy !req
999. You don't think you could?
Forgive them, I mean?
Copy !req
1000. No.
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1001. Neither could I.
Copy !req
1002. What does that say
about us?
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