1. In the criminal
justice system,Copy !req
2. the people are represented
by two separate yet equally important groups,Copy !req
3. the police
who investigate crimeCopy !req
4. and the district attorneys
who prosecute the offenders.Copy !req
5. These are their stories.Copy !req
6. Tena,
Daddy's waiting for us.Copy !req
7. I'm waving to Max.Copy !req
8. Put on your coat
and your gloves. I won't tell you twice.Copy !req
9. And bring me Elena's hat.Copy !req
10. Can I bring Lily?Copy !req
11. Yes, but hurry.Copy !req
12. I don't see Daddy and Max.Copy !req
13. Leon?Copy !req
14. Leon!Copy !req
15. Max! Max!Copy !req
16. The five-year-old died
en-route to North General.Copy !req
17. Mr. Galvez was
dead at the scene.Copy !req
18. What were they
doing out this early?Copy !req
19. They were going to
their grandmother's in Albany.Copy !req
20. Point of impact was here,
knocked the kid right out of his boots.Copy !req
21. You got a make on
the hit-and-run?Copy !req
22. No.
No witnesses so far.Copy !req
23. Want to see the other one?Copy !req
24. Other one?Copy !req
25. Around the corner.Copy !req
26. Any ID?Copy !req
27. Be my guest.Copy !req
28. I'll wager he didn't
live in Harlem.Copy !req
29. Peter Lavalle,
170 East 82nd Street.Copy !req
30. Long way from
his townhouse.Copy !req
31. We're positing he got
hit at the crosswalk.Copy !req
32. The car swerved
after the impact,Copy !req
33. hit the curb going
around the corner,Copy !req
34. we got tire marks there,
then hit the other two.Copy !req
35. Anybody hear him
hit the brakes?Copy !req
36. No brakes.
No skid marks.Copy !req
37. Maybe no accident.Copy !req
38. Max always followed
his papa everywhere.Copy !req
39. I don't know what
I'm going to do.Copy !req
40. We don't have any money.Copy !req
41. Victim Services can
help you with that.Copy !req
42. We'll make sure
the word gets out.Copy !req
43. Mama, can you open
the juice?Copy !req
44. Here, let me give
you a hand with that. I'm an expert.Copy !req
45. Mrs. Galvez,
when you went downstairs,Copy !req
46. you're sure you
didn't see a car?Copy !req
47. No. I didn't see no car.Copy !req
48. I saw a car.Copy !req
49. You did? Where?Copy !req
50. She was looking outside
before we went downstairs.Copy !req
51. I waved at Max and
then I saw a car,Copy !req
52. but then Mama told me
to put on my coat.Copy !req
53. What was the car doing?Copy !req
54. It was driving
on the street.Copy !req
55. Do you know what
kind of car it was?Copy !req
56. It was black. It was big.
It was driving fast.Copy !req
57. Why don't we sit down
over here, Mrs. Lavalle.Copy !req
58. Right here. Come on.Copy !req
59. Okay.Copy !req
60. Mrs. Lavalle, I'm sorry I have
to ask you these things,Copy !req
61. but what was your husband
doing up in that neighborhood?Copy !req
62. Well, he takes a walk
every Sunday,Copy !req
63. up Third Avenue
and down First. Every week.Copy !req
64. Can you think of anyone
who might've wanted to hurt your husband?Copy !req
65. MRS.No.Copy !req
66. Why? It was an accident,
wasn't it?Copy !req
67. Well, we're not sure
what happened.Copy !req
68. Is there anybody
else in your family we can talk to?Copy !req
69. Our children,
Matthew and Daniel.Copy !req
70. I'll get you
their phone numbers.Copy !req
71. He had a walking stick,
with a sterling silver handle.Copy !req
72. Are you sure he
had it with him?Copy !req
73. Yes, of course.Copy !req
74. And I have to get it back.Copy !req
75. It belonged
to his father.Copy !req
76. Officer.Copy !req
77. I didn't see
a walking stick at the scene.Copy !req
78. Neither did I.Copy !req
79. Somebody got there first.Copy !req
80. We find the walking stick,
maybe we find a witness.Copy !req
81. I'll call Profaci.Copy !req
82. Hey! Hi, Daddy!Copy !req
83. Hey, bunny!Copy !req
84. Hi, Lennie! Hi, Deborah.
Nice to see you.Copy !req
85. Here we go, sweetie.
Hey, honey.Copy !req
86. How was the museum?Copy !req
87. Serena loved
the bug collection.Copy !req
88. You did? Yeah.Copy !req
89. We brought you
Chinese food.Copy !req
90. With shrimp and noodles.Copy !req
91. My favorites! Mine, too.Copy !req
92. Mommy, I have to go now.Copy !req
93. Where's the ladies room?Copy !req
94. Upstairs. I'll take her.Copy !req
95. No, it's okay.
Come here, Serena.Copy !req
96. Okay. Hold on.Copy !req
97. Mr. Rogers and Mr.
Jones were discussingCopy !req
98. the merits of thunderbird
versus crack,Copy !req
99. when Mr. Jones
pulled out what Mr. Rogers described as a silver hammerCopy !req
100. and hit him upside
the head with it.Copy !req
101. A silver hammer?Copy !req
102. Black stick with
a silver handle.Copy !req
103. Let's go.
He had this with him.Copy !req
104. Meet Mr. Alternator Jones.Copy !req
105. Alternator? Yeah.Copy !req
106. Says his dad worked
at the Ford plant in Detroit.Copy !req
107. You gonna get me
locked up again!Copy !req
108. Hey! Hey! Knock it off!Copy !req
109. Move him down the block.Copy !req
110. You ain't gonna
give me nothing! Shut up!Copy !req
111. That cat had it
coming to him!Copy !req
112. That's not why
you're here, Mr. Jones.Copy !req
113. You want to tell me
where you found this?Copy !req
114. It's mine.
I found it on the street.Copy !req
115. Yeah,
on Pleasant Avenue, right?Copy !req
116. Look, that old guy
was already dead.Copy !req
117. Yeah, we know.
He got run over. We're hoping you saw it.Copy !req
118. I heard it.
I saw the old guy walking across the street.Copy !req
119. I went around the corner
and I heard this car gun its engine.Copy !req
120. It accelerated?Copy !req
121. Yeah. Then, bang!Copy !req
122. Then I came back
around the corner,Copy !req
123. and the cat was dead,
that's all.Copy !req
124. You see the car?Copy !req
125. No, man.Copy !req
126. Look, I can't see nothing
with these glasses. Look.Copy !req
127. Look, you go
down to St. Anne's.Copy !req
128. Father Luke will fix you up
with a new pair, all right?Copy !req
129. And stay out of
Mr. Rogers' neighborhood.Copy !req
130. Yeah. I'm gonna do that.Copy !req
131. Okay, bruises, one on
Lavalle's thigh and the other on the boy's chest.Copy !req
132. From a headlight rim?Copy !req
133. You're looking at a
Mercedes, BMW, Jaguar.Copy !req
134. You got pictures
of these cars?Copy !req
135. This one.Copy !req
136. And that one, too.Copy !req
137. Okay.Copy !req
138. Mama, can I go
play with Elena?Copy !req
139. Did Victim Services
get in touch with you?Copy !req
140. Yes.Copy !req
141. And people sent
money and cards.Copy !req
142. People I don't know,
saying they're sorryCopy !req
143. and they're gonna
pray for Max and Leon.Copy !req
144. I want to thank themCopy !req
145. but some of them didn't
write down their names.Copy !req
146. Do you mind if
we take a look?Copy !req
147. People have good hearts.Copy !req
148. Mommy!Copy !req
149. I'm sorry.Copy !req
150. A check for $67 and
a marriage proposal.Copy !req
151. He sent his picture.Copy !req
152. Guy must be dreaming.Copy !req
153. Give him credit for
keeping his clothes on.Copy !req
154. Hey, Lennie,
look at this one.Copy !req
155. "Dear Mrs. Galvez,
I saw the newsCopy !req
156. "about your family
on television.Copy !req
157. "They showed your
little boy at the hospital.Copy !req
158. "He looked so small
in his little parka and his yellow boots.Copy !req
159. "I'm so sorry for all
the pain you're feeling.Copy !req
160. "I'm enclosing $500
to help with your needs."Copy !req
161. No signature.Copy !req
162. The kid wasn't
wearing his boots at the hospital.Copy !req
163. The boots were
in the street.Copy !req
164. No return address either.
But the C-notes are real.Copy !req
165. Brand new.
With consecutive serial numbers.Copy !req
166. We traced the bills to
a bank in Murray Hill.Copy !req
167. They were disbursed
the same day they were mailed.Copy !req
168. Did the bank happen
to know who withdrew the money?Copy !req
169. Yeah. They narrowed
it down to the teller who did the transaction.Copy !req
170. He had two
clients take out $500 or more in cashCopy !req
171. in denominations
of a hundred.Copy !req
172. No kidding.Copy !req
173. We have a Chinese immigrant
who was in Hong Kong the day of the accident.Copy !req
174. The bank knows
that because he madeCopy !req
175. a cash machine
withdrawal there.Copy !req
176. The other one's
a Susan Young, 34,Copy !req
177. divorced, no kids,
no car.Copy !req
178. But she has
a driver's license.Copy !req
179. How do you want
to handle her?Copy !req
180. I don't know.
We drop in on her, she's liable to shut down.Copy !req
181. Her bank has a stolen
credit card report on her.Copy !req
182. She got her purse snatched
about seven months ago.Copy !req
183. Good. Tell her we found it.Copy !req
184. And ask the bank
how many sugars she takes in her coffee.Copy !req
185. Talk about a surprise.
I gave up on ever getting that wallet back.Copy !req
186. Still want me to
look at mug shots?Copy !req
187. Yeah. We'll get to that.
Why don't you take a seat?Copy !req
188. Last Sunday
morning in East Harlem,Copy !req
189. three people were
killed in a hit-and-run.Copy !req
190. I saw it on the news.
It's horrible.Copy !req
191. You know what
else is horrible? We don't have any witnesses.Copy !req
192. The driver might get away
with killing those peopleCopy !req
193. 'cause no one wants to talk.Copy !req
194. That's kind of
like piling one horrorCopy !req
195. on top of another.
Wouldn't you agree?Copy !req
196. Yes.Copy !req
197. Good. Now,
anything you want to tell us about this hit-and-run?Copy !req
198. I don't know
what you mean.Copy !req
199. Weren't you in East Harlem,
Sunday morning?Copy !req
200. No. Why would you
think I was?Copy !req
201. The post mark is
from Murray Hill,Copy !req
202. about three blocks
from where you live.Copy !req
203. These bills trace
back to your bank.Copy !req
204. They were handed out
by the same tellerCopy !req
205. on the same day
he gave you $500.Copy !req
206. Now what do you
bet we find your prints on theseCopy !req
207. and your DNA on
the stamp you licked?Copy !req
208. I felt sorry for that woman.
I wanted to help anonymously.Copy !req
209. Then why didn't you
come out and say so?Copy !req
210. You wrote that you
saw the little boyCopy !req
211. at the hospital
with his boots on.Copy !req
212. Where did you see that?Copy !req
213. On the news.Copy !req
214. He didn't have his
boots at the hospital.Copy !req
215. Maybe I read it.
I don't remember.You're lying.Copy !req
216. You were there
at the accident.Copy !req
217. No. Why are you
covering up?Copy !req
218. What are you afraid of? Nothing.Copy !req
219. I have to get back to work.Copy !req
220. Whoa, ait a minute.
Wait a minute.Copy !req
221. What's this bruise here?
That looks like it could be from a seat belt.Copy !req
222. No. I fell.Copy !req
223. You were in the car,
weren't you?No.Copy !req
224. You might not
have been driving, but you were in the damn car.Copy !req
225. That's crazy. Now, please... Look at this!Copy !req
226. That's a picture
of the little boy in the morgue.Copy !req
227. Take a look.
Look at what happened to him. Look at it, damn you!Copy !req
228. That's one way to get
her to spill her guts.Copy !req
229. She knows who was driving.Copy !req
230. And unless she
wants to tell us, we can't force it out of her.Copy !req
231. I want to leave now.Copy !req
232. You sure?Copy !req
233. Please, I don't know anything.
I wasn't there.Copy !req
234. Her bruise is on
the right side.Copy !req
235. That puts her in
the passenger seat.Copy !req
236. She have any connection
to the Lavalle family?Copy !req
237. They never heard of her.
By the way, both the Lavalle kids are alibied.Copy !req
238. We checked her LUDs
for the last month,Copy !req
239. nothing jumps out
that traces to the Lavalles.Copy !req
240. So it could be
just an accident.Copy !req
241. Three people run down?
To you that's just an accident?Copy !req
242. Can't we put some paper
on Ms. Young and force her to talk?Copy !req
243. We subpoena her
to the grand jury, she'll ask for immunity.Copy !req
244. Until we know
how she's involved,Copy !req
245. I don't want to
give it to her.Copy !req
246. If you keep the pressure up,
you think she'll come around?Copy !req
247. We'll lean on her
just as hard as you let us.Copy !req
248. You sure she didn't
come in the back door?Copy !req
249. Maybe she hit
a shoe sale on her way back from work. I don't know.Copy !req
250. Thanks.Copy !req
251. Hey, why don't we
grab some food and come back?Copy !req
252. No. Let's give it
another 10 minutes.Copy !req
253. I want her to see us
when she gets here.Copy !req
254. You know, I got in touch
with Mrs. Galvez yesterday?Copy !req
255. She has to move in
with her mother.Copy !req
256. She can't manage
without her husband.Copy !req
257. You know what you do, Rey?
Grab all the life insurance you can afford.Copy !req
258. Davey says you're
waiting for Ms. Young?Copy !req
259. She left last night
with a suitcase.Copy !req
260. Said she'd be gone
for a couple of weeks.Copy !req
261. Did she say where?Copy !req
262. No. Sometimes she
stays at her boyfriend's when he's out of town.Copy !req
263. Where does he live?I wouldn't know.Copy !req
264. Name?Copy !req
265. I wouldn't know
that either.Copy !req
266. Her office says
she's at her sister's in Groton.Copy !req
267. Her boyfriend who travels?Copy !req
268. Look at her LUDs for the week
before the accident.Copy !req
269. See these calls
to Rio de Janeiro?Copy !req
270. Every night.
Minimum of 20 minutes.Copy !req
271. Expensive heavy breathing.Copy !req
272. Last call was made
Saturday afternoon.Copy !req
273. So the boyfriend
flew back Sunday.Copy !req
274. The accident was
near the Triborough.Copy !req
275. So if they were
coming from the airport,Copy !req
276. they might've
crossed the bridge.Copy !req
277. What? She picked him up?
She doesn't have a car.Copy !req
278. Maybe he does.Copy !req
279. The new-guy shift,
Saturday 10:00 p.m. to Sunday 6:00.Copy !req
280. Really cuts
into my booty time.Copy !req
281. Two weeks ago Sunday,
the flight from Rio.Copy !req
282. You remember her
with one of the passengers?Copy !req
283. Yeah, sure.Copy !req
284. Yeah? 30,000 people later,
you remember her.Copy !req
285. I remember the belligerent
fool she was with.Copy !req
286. Kept lighting up in
the no-smoke zone.Copy !req
287. You talked to him?Copy !req
288. I talked, he yelled.Copy !req
289. Customs was
ready to take him for a cavity searchCopy !req
290. 'cause he pissed them off.Copy !req
291. Gave his lady
a hard time, too.Copy !req
292. What was his problem?Copy !req
293. You could smell
his problem, scotch.Copy !req
294. So he was drunk?Copy !req
295. Unless he uses
the stuff for cologne.Copy !req
296. You remember
his name?Copy !req
297. I wrote him up
in my report.Copy !req
298. His name's
Bernard Dressler.Copy !req
299. His credit card company
confirms he was at the hotel in Rio.Copy !req
300. Damn! It ate my quarter.Copy !req
301. His name's also
on Young's LUDsCopy !req
302. the whole month
before the accident.Copy !req
303. Now she hasn't
called him since.Copy !req
304. Look. Downtown is
sweating my budget,Copy !req
305. their way of saying
how much they appreciate my lawsuit.Copy !req
306. So solve this quick
or hand it off to AIU.Copy !req
307. Hey,
I ran Dressler through DMV, he owns a black ' 92 Jag.Copy !req
308. Consistent with
the bruises on the bodies.Copy !req
309. And get this,
he has two moving violations and a DWI from last year.Copy !req
310. Six months probation,
12 hours drunk school and no suspension?Copy !req
311. Must've had some lawyer.Copy !req
312. He better hope his
lawyer hasn't retired.Copy !req
313. I had a couple of drinks,
then I went to sleep. I wasn't drunk.Copy !req
314. Airport security
said you were quite a handful.Copy !req
315. You do 11 hours on a plane
and see how chipper you feel.Copy !req
316. Dena,
get me David Feist in Bonn. Try the home number first.Copy !req
317. How'd you get home
from the airport?Copy !req
318. Cab. Why?Copy !req
319. You know Susan Young?Copy !req
320. What's she have
to do with this?Copy !req
321. She picked you up
from the airport, right?Copy !req
322. No.Copy !req
323. Somebody saw you with her.Copy !req
324. With a blond,
it wasn't Susan.Copy !req
325. You want to stand
still for a minute. So who was the blond?Copy !req
326. It was another passenger,
somebody wanting to split cab fare to Islip.Copy !req
327. Tell me. Really.
This isn't about meCopy !req
328. causing a disturbance
at the airport, is it?Copy !req
329. That Sunday morning,
three pedestriansCopy !req
330. were killed by
a hit-and-run driver.Copy !req
331. We think Ms. Young had
something to do with it.Copy !req
332. That's not possible.Copy !req
333. Have you
talked to her lately?Copy !req
334. No. Things were cooling off
before I went to RioCopy !req
335. and we haven't
connected since.Copy !req
336. You still own a Jaguar?Copy !req
337. Yeah.Copy !req
338. You still
drinking and driving?Copy !req
339. That's very funny.
I learned my lesson.Copy !req
340. Good for you.Copy !req
341. So, would you mind
if we had our lab check your car?Copy !req
342. If I said no?Copy !req
343. We find a judge
to say yes.Copy !req
344. Okay, but I'm calling
my lawyer.Copy !req
345. Dena will show you
where it's parked.Copy !req
346. And if you scratch it,
you fix it.Copy !req
347. A car hits a body,
something from that body's gonna get suckedCopy !req
348. into the engine compartment.
Hair, skin, fiber, blood.Copy !req
349. There's nothing
like that here.Copy !req
350. You sure this is his car?Copy !req
351. The VIN numbers from the dash,
the frame and the engine blockCopy !req
352. all match his registration.Copy !req
353. Also didn't find any damage
or any evidence it had work.Copy !req
354. That's too bad.
I was looking forward to hooking up this guy.Copy !req
355. Fred,
I checked the fourth VIN tag.Copy !req
356. Everybody thinks
there's just three,Copy !req
357. only the manufacturer knows
where the fourth one is,Copy !req
358. and they only tell the FBI.Copy !req
359. It's different
on every model.Copy !req
360. This one's on the inside
of the floor pan.Copy !req
361. I had to drill a hole and use
a dentist's mirror to see it.Copy !req
362. And it doesn't match
the other three.Copy !req
363. So this isn't his car?Copy !req
364. Same model,
same year, same color. It's not his.Copy !req
365. He probably got
this one from a dealer and switched the VIN tags.Copy !req
366. Any way to tell
who had this car before Dressler?Copy !req
367. Yes. We have a car
with that VIN number. It's a '92 Jag.Copy !req
368. It hasn't been sold?Copy !req
369. No.Copy !req
370. Not even to
a Bernard Dressler?Copy !req
371. No.Copy !req
372. So, the car is here?Copy !req
373. All these cars have
been cleared for export.Copy !req
374. I mean,
they're fully documented.Copy !req
375. Big market for used
Jaguars in Russia?Copy !req
376. Used everything. The VIN numbers match.Copy !req
377. The right fender's new.Copy !req
378. The grille's new.
The paint's new. Bumper's been replaced.Copy !req
379. Right spoiler bracket's bent.Copy !req
380. This is your killer,
gentlemen.Copy !req
381. Time to come clean,
Mr. Pettijohn.Copy !req
382. Did you trade cars
with Bernie Dressler?Copy !req
383. His bank issues me
letters of credit, okay?Copy !req
384. Without them,
I'm out of business.Copy !req
385. You're out of business now.Copy !req
386. You want to step
away from the desk?Copy !req
387. What's going on?Copy !req
388. Your car came back
from Russia, Bernie, with love.Copy !req
389. Bernard Dressler,
you're under arrestCopy !req
390. for the deaths
of Peter Lavalle, and Leon and Max Galvez.Copy !req
391. Wait. Get away from me.
Hey! Get off me...Copy !req
392. Take it easy, Bernie! Hey! Let me go!Copy !req
393. I said give it up!Copy !req
394. You shady bastards.You have the right
to remain silent.Copy !req
395. You stupid bastards! Anything you say canCopy !req
396. and will be used against you
in a court of law.Copy !req
397. $1 million for
vehicular manslaughter two?Copy !req
398. These are "D" felonies,
Your Honor.Copy !req
399. Their case is
nothing but fumes.Copy !req
400. There's no evidence
my client was at the scene.Copy !req
401. There's evidence his car was.Copy !req
402. A bent fender bracket?Copy !req
403. They want to put
three bodies on my guy,Copy !req
404. they'll have to do
better than that.Copy !req
405. I don't want your client
joining his car in Russia.Copy !req
406. Bail's set at $1 million.Copy !req
407. A million bucks.
He must like the cut of your skirt.Copy !req
408. From what I hear,
he'd prefer yours.Copy !req
409. "Docket number 026797."Copy !req
410. Don't smile yet.
It's the work-up of Dressler's car.Copy !req
411. There's no physical
evidence of the victims.Copy !req
412. The car had
been steam-cleaned bumper-to-bumper.Copy !req
413. What about
Dressler's girlfriend?Copy !req
414. Wasn't she with
him at the airport?Copy !req
415. That ID is soft.Copy !req
416. The police showed
the guard another picture of Young,Copy !req
417. he wasn't so sure.Copy !req
418. So find somebody else
who saw them together.Copy !req
419. Another passenger
on the plane.Copy !req
420. I'll subpoena the manifest.Copy !req
421. The airline refuses to
comply with our subpoena.Copy !req
422. They're saying
the Warsaw ConventionCopy !req
423. protects them from
actions by state courts.Copy !req
424. They poured the booze
that got Dressler drunk.Copy !req
425. They're afraid
of getting sued.Copy !req
426. They're right about
the Warsaw Convention.Copy !req
427. The only place we
can bring processCopy !req
428. against them is
in federal court.Copy !req
429. Then go ahead, do it.I did.Copy !req
430. The US Attorney
doesn't think a couple of "D" feloniesCopy !req
431. warrant their attention.Copy !req
432. The airlines
has offices here?Copy !req
433. Three.Copy !req
434. They won't honor
our subpoenas?Copy !req
435. Seize their furniture,
computers,Copy !req
436. whatever you can
lay your hands on.Copy !req
437. Smack 'em around.Copy !req
438. They shut down our ticket
offices. They took files, they took computer disks.Copy !req
439. You can't imagine
our losses.Copy !req
440. We served them
with a subpoena for a flight manifest.Copy !req
441. They refused to honor it.
A search warrant's our only recourse.Copy !req
442. Mr. Fischer,Copy !req
443. why doesn't VIA airlines
simply give them what they want?Copy !req
444. Judge Feldman,
according to the termsCopy !req
445. of the Warsaw Convention,
we don't have to.Copy !req
446. The spirit of the convention
is to limit liability in civil suits.Copy !req
447. It's not meant as a shield
in criminal investigations.Copy !req
448. Lawsuits are exactly
what we're trying to limit.Copy !req
449. The search warrants
are valid on their face. I see no reason to void them.Copy !req
450. Your Honor, I...Copy !req
451. Either you comply
with their subpoena,Copy !req
452. or lawsuits will be
the least of your worries.Copy !req
453. The manifest will be
on Mr. McCoy's fax machine in an hour.Copy !req
454. Thank you. Thank you.Copy !req
455. Oh, Mr. McCoy.Copy !req
456. You know,
it's not an accidentCopy !req
457. that this case
was assigned to me.Copy !req
458. I believe drunk driving
to be a plague on our society.Copy !req
459. If you hit any snags,
you let me know.Copy !req
460. Sounds like the makings
of a stump speech.Copy !req
461. It is. He's planning a run
for Adam's job next spring.Copy !req
462. And drunk driving is
the cause he's embracing?Copy !req
463. It's not world peace.Copy !req
464. Shouldn't Dressler's lawyer
know about Feldman's bias?Copy !req
465. I'm not gonna tell him.Copy !req
466. Come on, Jamie,
a judge with an agenda, this is news to you?Copy !req
467. Dressler, yeah.
That loudmouth, he complained about the food,Copy !req
468. the wine selection,
the service.Copy !req
469. What did he think it was,
Lutèce up there?Copy !req
470. Do you know how
much he drank?Copy !req
471. No, but every time
I looked over, he had a drink in his hand.Copy !req
472. And?Copy !req
473. Yeah, that's her. Yeah.
I saw them leave the terminal together.Copy !req
474. Why did you notice them?Copy !req
475. It was hard not to.Copy !req
476. That poor woman,
he was bellowingCopy !req
477. and gesticulating at her.
A real bully.Copy !req
478. Thank you for coming in.Copy !req
479. Thanks.Copy !req
480. Okay. That's three passengers
who saw them together.Copy !req
481. What about flight attendants?Copy !req
482. Two in first class.
They're both in South America.Copy !req
483. The airline will let us know
next time they're in town.Copy !req
484. How about Ms. Young?Copy !req
485. I didn't go
out all morning.Copy !req
486. I don't know how
Bernie got home from the airport.Copy !req
487. Three people
saw you with him.Copy !req
488. Look, you're here
under a material witness warrant.Copy !req
489. That means we keep you
until you cooperate.Copy !req
490. You'll be in the Tombs
with crack addicts and prostitutesCopy !req
491. for as long as it takes.Copy !req
492. It gets worse. We can
place you and Mr. Dressler in the car.Copy !req
493. I don't care which
one of you was driving.Copy !req
494. This is a triple homicide
and somebody's going to pay for it.Copy !req
495. We can give you protection,
Ms. Young.Copy !req
496. Once he's convicted
and sent to prison, he can't hurt you.Copy !req
497. What if he doesn't
go to prison?Copy !req
498. He's gotten off before,
in Massachusetts.Copy !req
499. He hit a teenage girl.
He told me.Copy !req
500. You get us the evidence,
this time he goes to jail.Copy !req
501. Look, as bad as you feel
about that little boy,Copy !req
502. how you gonna feel
the next time he kills somebody?Copy !req
503. I wasn't home one night
when Bernie called me from Rio.Copy !req
504. He thought I was
with someone else. He was furious.Copy !req
505. As soon as he saw
me at the airport, he started ranting.Copy !req
506. He grabbed the keys.Copy !req
507. He yelled at me
the whole way into the city.Copy !req
508. He said if he found
out who I was with, he'd kill them.Copy !req
509. He didn't think
I believed him. Then we saw the old man.Copy !req
510. I yelled at Bernie to stop.Copy !req
511. But he sped up
right into him.Copy !req
512. He killed Mr. Lavalle
on purpose?Copy !req
513. I don't know,
I can't imagine...Copy !req
514. What about the other two?Copy !req
515. The little boy,Copy !req
516. his father stepped
into the street and waved at us to stop.Copy !req
517. Bernie didn't even
try to miss them.Copy !req
518. How drunk was he?Copy !req
519. I don't know.
I can never tell with Bernie.Copy !req
520. I never know what
he's going to do.Copy !req
521. Dressler keeps
a country house in East Lenox.Copy !req
522. He ran a red light
there two years ago,Copy !req
523. hit a little girl
on a bicycle.Copy !req
524. She spent eight
months in the hospital.Copy !req
525. Why didn't
the police know?Copy !req
526. It's not
on his record here.Copy !req
527. He has two driver's licenses,
one in New York and one in Massachusetts.Copy !req
528. The judge there
suspended his licenseCopy !req
529. for five years
because of the accident.Copy !req
530. Which automatically suspends
his driving privileges here.Copy !req
531. That ups the charge
to first degree vehicular manslaughter.Copy !req
532. Not enough. We're gonna make
an example of Mr. Dressler.Copy !req
533. What do you
have in mind?Copy !req
534. This was a multiple killing.Copy !req
535. First degree murder.Copy !req
536. Murder one requires intent.Copy !req
537. He accelerated
into one victim.Copy !req
538. He made no effort
to avoid two others. That's intent.Copy !req
539. Not if he was drunk.Copy !req
540. Maybe he meant
to hit the brakes instead of the gas?Copy !req
541. A couple of drinks
don't negate intent.Copy !req
542. But we don't know
how much he had to drink.Copy !req
543. If we don't know,
the grand jury won't either.Copy !req
544. But at trial the...Copy !req
545. Get an indictment.
Scare the pants off him.Copy !req
546. Maybe he pleads
to murder two. We've sent a message.Copy !req
547. First Feldman, now Adam.
The bandwagon's getting crowded.Copy !req
548. I agree with Adam.
And I'm not running for anything.Copy !req
549. Murder one?
Where the hell is this murder one? Iran?Copy !req
550. Try section seven
sub-section one,Copy !req
551. paragraph eight
of the statute.Copy !req
552. He took three
lives with intent.Copy !req
553. He wasn't even in the car.Copy !req
554. Not according to
his girlfriend.Copy !req
555. What, that bitch?
How do you know she wasn't driving?Copy !req
556. We believe her.
We don't believe you.Copy !req
557. I still don't see
an intentional murder.Copy !req
558. Two witnesses
saw him accelerate into Mr. Lavalle.Copy !req
559. Given your
client's driving record, here and in Massachusetts,Copy !req
560. a jury's not going to
split hairs over intent.Copy !req
561. This is nuts.
You want to give me the death penalty?Copy !req
562. Unless you plead
to second degree murder.Copy !req
563. What's that?Copy !req
564. Twenty-five-to-life.Copy !req
565. God. Bernie.Copy !req
566. Didn't any of your witnesses
tell you he was drunk?Copy !req
567. They saw him with a drink.
Doesn't make him legally intoxicated.Copy !req
568. The flight attendant
who served him knows how much he had.Copy !req
569. I stopped counting at 12.Copy !req
570. Puts him well
over the legal limitCopy !req
571. and well beyond
the ability to form intent.Copy !req
572. Even if he was driving,
we're back to vehicular manslaughter.Copy !req
573. There's nothing
in Westlaw.Copy !req
574. If it was two
or three drinks, we could still argue intent,Copy !req
575. but 12... According to him.Copy !req
576. If he can prove it,
he's off the hook.Copy !req
577. He kills three people
and hides behind a bottle.Copy !req
578. The law says he can.Copy !req
579. The law.
Probably written on a cocktail napkin.Copy !req
580. Intent follows the bullet.
It shouldn't matterCopy !req
581. if it was fired by
a drunk or by Carry Nation.Copy !req
582. The airline's lawyer called.Copy !req
583. Dressler's flight attendant's
coming in tonight.Copy !req
584. I served Mr. Dressler
fifteen drinks.Copy !req
585. We ran out of
scotch in first classCopy !req
586. so I took some
bottles from coach.Copy !req
587. How was he behaving?Copy !req
588. He was difficult.Copy !req
589. Was he drunk?Copy !req
590. He wasn't climbing
on the beverage cart.Copy !req
591. But he slurred his words,
spilled a drink on himself.Copy !req
592. I had to fill out
his Customs declaration for him.Copy !req
593. He couldn't
even sign his name.Copy !req
594. Thank you, Ms. Barra.Copy !req
595. Mr. Fischer,
can we have a word with you outside?Copy !req
596. We want fair warning
before she testifies.Copy !req
597. This case is
already front page of the Daily News.Copy !req
598. I appreciate Ms. Barra's
testimony might prove embarrassing.Copy !req
599. I see here she's
a Colombian national.Copy !req
600. You realize,
as long as she doesn't return to this country,Copy !req
601. she can't be
compelled to testify.Copy !req
602. The District
Attorney's authorityCopy !req
603. doesn't extend to
foreign citizens abroad.Copy !req
604. What the hell
are you doing?Copy !req
605. You don't want
Dressler to prove how drunk he was,Copy !req
606. so you're telling a witness
to leave the country?Copy !req
607. Don't worry about it.Copy !req
608. The airline's giving
me the run-around.Copy !req
609. They said she's
been reassignedCopy !req
610. to the
Bogotá-Buenos Aires route.Copy !req
611. Why tell me?I know you talked to her.Copy !req
612. Did you take a statement?Copy !req
613. I've complied
with Rosario, BradyCopy !req
614. and all relevant
discovery procedures.Copy !req
615. Whatever she said,
if she said it, is not discoverable.Copy !req
616. I don't know what
you're up to, McCoy,Copy !req
617. but I'm gonna compel you
to turn over her statement.Copy !req
618. Knock yourself out.Copy !req
619. Ms. Barra's a witness.
If she gave Mr. McCoy a statement,Copy !req
620. I'm entitled to it.Copy !req
621. She's not our witness.Copy !req
622. If Mr. Billings wants
her to be his witness, he can subpoena her.Copy !req
623. Beside the point.Copy !req
624. I believe Mr. McCoy
has a statement that exculpates my client.Copy !req
625. I don't believe
it does, Your Honor.Copy !req
626. Mr. McCoy, do you have
her statement in writing?Copy !req
627. Yes. May I see it, please?Copy !req
628. Thank you.Copy !req
629. I don't see anything here,
Mr. Billings.Copy !req
630. I'd like to see it,
Your Honor.I already have.Copy !req
631. I've made my ruling.
Your motion to compel is denied.Copy !req
632. She told us he
drank enough booze to float the Queen Mary.Copy !req
633. Her statement
is exculpatory.Copy !req
634. Only if Feldman says it is.Copy !req
635. Jack, I know his agenda.
What's yours?Copy !req
636. The maximum penalty
for first degree vehicular manslaughterCopy !req
637. is 5 to 15 years.Copy !req
638. Put a girl in a coma,
killed three people,Copy !req
639. and he walks away
with five years?Copy !req
640. He isn't even sorry.
It isn't justice.Copy !req
641. Neither is
concealing evidence. You could get disbarred.Copy !req
642. That's up to you.
This is what I'm gonna do.Copy !req
643. We looked at
a number of factorsCopy !req
644. to determine
the force at impact.Copy !req
645. For example, we know
that a human thigh boneCopy !req
646. breaks under 1,100
pounds of pressure per square inch.Copy !req
647. As a result of
your calculations,Copy !req
648. can you tell us
how fast Mr. Dressler's carCopy !req
649. car was traveling when
it struck Mr. Lavalle?Copy !req
650. Yes. The car was moving
in excess of 30 to 35 miles per hour.Copy !req
651. What, if any,
evidence did you findCopy !req
652. that Mr. Dressler tried
to avoid hitting his victims?Copy !req
653. None. There were no
skid marks, no yaw marks.Copy !req
654. All three victims
were struck head-on.Copy !req
655. Thank you.Copy !req
656. Detective Norris,
isn't it common not to find skid marksCopy !req
657. in drunk-driving accidents?Copy !req
658. Objection.
The defendant is not charged with drunk driving.Copy !req
659. Sustained.Copy !req
660. Detective, is it unusual
for an intoxicated driverCopy !req
661. to step on the accelerator
when he intended to...Copy !req
662. Objection.Copy !req
663. Sustained.Copy !req
664. Let's talk
reaction times, Detective. Sober versus intoxicated...Copy !req
665. Sustained.Copy !req
666. Mr. Billings, next question.Copy !req
667. No more questions.Copy !req
668. The write-up of
the interview with Ms. Young has a TPO glitch.Copy !req
669. The accident was at 6:10,
Rey wrote down 16:10.Copy !req
670. I'll mention it to Jack.
I think we're done.Copy !req
671. Has he talked to
you about this case?Copy !req
672. McCoy? Yeah.
Briefings, witness preps...Copy !req
673. I don't mean that.Copy !req
674. You mean, has he said,
"This one's for Claire Kincaid"?Copy !req
675. No.Copy !req
676. That guy got 12 months
at Mount McGregor.Copy !req
677. Yeah, I know.
I pulled the file. You were in the car with her.Copy !req
678. Yeah. I was catching
a ride home.Copy !req
679. Claire came down to the bar
to pick up McCoy, he'd already split.Copy !req
680. Bad timing all around.Copy !req
681. Listen, this hump Dressler,Copy !req
682. I'm keeping them crossed
he gets what he deserves.Copy !req
683. I told him to stop,
to help those people. He kept driving.Copy !req
684. He dropped me off
at my apartment.Copy !req
685. I don't know what
he did after that.Copy !req
686. What, if anything,
did he say to you before he left?Copy !req
687. Objection. JUDGE FELDMAN: Overruled.Copy !req
688. Please answer, Ms. Young.Copy !req
689. He told me that if I
said a word to anyone,Copy !req
690. I'd be as dead as
those three people.Copy !req
691. Thank you.Copy !req
692. You said Mr. Dressler
accused you of sleeping with another manCopy !req
693. and threatened to kill him.
Does he always behave this way?Copy !req
694. He's very possessive.Copy !req
695. But when he's drunk,
his jealousy's out of control, isn't it?Copy !req
696. It gets worse.Copy !req
697. He rants and raves,
he imagines things?Copy !req
698. Yes.Copy !req
699. Because in fact,
you've never been unfaithful to him, have you?Copy !req
700. No.Copy !req
701. So that morning
when he screamed and threatened,Copy !req
702. he did so
because he was drunk, isn't that right?Copy !req
703. Objection.Copy !req
704. Gentlemen.Copy !req
705. Your Honor, I'm establishing
a pattern of behavior.Copy !req
706. When my client's drunk,
he's insanely jealous and delusional.Copy !req
707. So conversely,Copy !req
708. when he's insanely
jealous and delusional, he's drunk.Copy !req
709. Ms. Young is
an accounts supervisor,Copy !req
710. she's not
a behavioral psychologist.Copy !req
711. My client's
state of mind is the crux of my case.Copy !req
712. Then get an expert.
Your line of questioning is inappropriate.Copy !req
713. Now step back.Copy !req
714. The jury will disregard
the witness' responsesCopy !req
715. to Mr. Billings
in their entirety.Copy !req
716. I have nothing more,
Your Honor.Copy !req
717. Court's recessed until tomorrow morning.Copy !req
718. Your lucky break.Copy !req
719. You made your point.
Man one on all counts.Copy !req
720. Not interested.Copy !req
721. Man one's a good offer.Copy !req
722. You want me to
call his lawyer back?Copy !req
723. Your case. Your idea.Copy !req
724. I haven't seen
the fear in his eyes yet.Copy !req
725. This is People v. Dressler
you're trying, isn't it?Copy !req
726. Long as we're
on the same page.Copy !req
727. Are you just playing chicken
with Dressler, Jack?Copy !req
728. Because it looks
like you and FeldmanCopy !req
729. are tag-teaming to
commit legal murder.Copy !req
730. In your opinion.Copy !req
731. It's not even a fair fight.
If Dressler had the flight attendant...Copy !req
732. She didn't force-feed
him that scotchCopy !req
733. or steer him
into those people.Copy !req
734. He did that.
He punched the accelerator.Copy !req
735. Or he made a mistake! No!Copy !req
736. Anyway, that's for
the jury to decide.Copy !req
737. How can they?Copy !req
738. They don't have
the whole story.Copy !req
739. You're making
them accomplices.Copy !req
740. So I'm wrong because I want
an appropriate sentence?Copy !req
741. Instead of 12 months
at Mount McGregor?Copy !req
742. You don't know what
you're talking about.Copy !req
743. You won, Jack.Copy !req
744. Just call Dressler's lawyer.Copy !req
745. The discussion
is over, Jamie.Copy !req
746. I'm not done!I am!Copy !req
747. This is the District
Attorney's office. We prosecute criminals.Copy !req
748. If you could stop thinking
like a defense attorney,Copy !req
749. maybe you'd grasp
the concept.Copy !req
750. I know why I'm here.Copy !req
751. I think you're
the one who's forgotten.Copy !req
752. The stewardess told me
that she ran out of scotchCopy !req
753. and I said I'd
drink anything.Copy !req
754. And so she went
back into coach and got more.Copy !req
755. How many drinks
had you had by then?Copy !req
756. Twelve.Copy !req
757. I, uh...Copy !req
758. I'd lined the little
bottles up on the tray.Copy !req
759. I counted them. After that,
I don't remember much. Just flashes.Copy !req
760. Susan at the airport,
driving on the expressway.Copy !req
761. I often black out
when I drink too much.Copy !req
762. How about Mr. Lavalle,Copy !req
763. Mr. Galvez and his son,
any recollection of hitting them?Copy !req
764. No.Copy !req
765. I wish I could say I did.Copy !req
766. I'm very sorry
I killed them.Copy !req
767. I swear I could never
kill anyone intentionally.Copy !req
768. Mr. Dressler,Copy !req
769. you really don't remember
anything about that morning?Copy !req
770. No, I don't.Copy !req
771. You don't remember getting
behind the wheel of your car,Copy !req
772. even though your
driving privileges had been suspended?Copy !req
773. No.Copy !req
774. Even though you'd
run over a young girl two years agoCopy !req
775. and put her in a coma?Copy !req
776. I told you,
I don't remember.Copy !req
777. So, isn't it
possible at some pointCopy !req
778. you decided to speed up
and kill Mr. LavalleCopy !req
779. and you just
don't remember it?Copy !req
780. No!Copy !req
781. How can you be so sure,
when you don't remember anything?Copy !req
782. I swear if I did
that I'd remember it.Copy !req
783. How?Copy !req
784. You don't even remember
killing Peter LavalleCopy !req
785. or Leon GalvezCopy !req
786. or Max Galvez.Copy !req
787. You don't remember
them at all, do you?Copy !req
788. God.Copy !req
789. I didn't mean to.Copy !req
790. I was so drunk.Copy !req
791. I swear. I'm not a monster.Copy !req
792. Please forgive me.Copy !req
793. Please?Copy !req
794. Mr. Dressler,
we have only your wordCopy !req
795. that you drank upwards of
12 scotches on the plane, is that right?Copy !req
796. Yes.Copy !req
797. Do you know that
you were so drunkCopy !req
798. that you couldn't sign
your own nameCopy !req
799. to a Customs
declaration form?Copy !req
800. Mr. McCoy, what's the basis
for your question?Copy !req
801. I'm offering People's
43 for identification.Copy !req
802. Let me see it.Copy !req
803. I really don't like surprises,
Mr. McCoy!Copy !req
804. May I see the evidence,
Your Honor?Copy !req
805. Sure.Copy !req
806. This is the statement you got
from the flight attendant?Copy !req
807. Yes.Copy !req
808. Your Honor,
I have no objection.Copy !req
809. This statement
cannot be authenticated. I'm not admitting it.Copy !req
810. I'll stipulate to its
authenticity, Your Honor.Copy !req
811. If Mr. McCoy also stipulates,
that should be enough.Copy !req
812. Mr. McCoy,
before we proceed,Copy !req
813. you are familiar
with the provisions of Title L, are you not?Copy !req
814. Yes, Your Honor. I am.Copy !req
815. Just asking. Excuse me.Copy !req
816. What was that all about?
What's Title L?Copy !req
817. It's what they now
call sections 195 and 195.05 of the penal law.Copy !req
818. Official misconduct
and obstruction? He just threatened you.Copy !req
819. That's right.Copy !req
820. Mr. Billings,
does defense agree to stipulateCopy !req
821. to the authenticity
of People's 43?Copy !req
822. We certainly do, Your Honor.Copy !req
823. Mr. McCoy,
are the People also prepared to so stipulate?Copy !req
824. Yes, Your Honor.Copy !req
825. People's 43 is admitted.
Go on, Mr. McCoy.Copy !req
826. Mr. Dressler,
this is a statement given to the District AttorneyCopy !req
827. by Gabrielle Barra,
the flight attendant on your flight from Rio.Copy !req
828. She states that she
served you 15 drinks. Is that an accurate count?Copy !req
829. I only remember
the first 12.Copy !req
830. She states you
slurred your wordsCopy !req
831. and spilled
a drink on yourself.Copy !req
832. Do you recall that?Copy !req
833. No.Copy !req
834. She states you were
disoriented, at one pointCopy !req
835. locking yourself
in the washroomCopy !req
836. and requiring
assistance to get out. Do you recall that?Copy !req
837. No.Copy !req
838. Given this statement,
is it fair to say that you were so intoxicatedCopy !req
839. as to be unable to
think or act rationally?Copy !req
840. Yes.Copy !req
841. No more questions.Copy !req
842. I don't know what
happened in there. You dismantled your case.Copy !req
843. I removed
the needle from his arm is what happened.Copy !req
844. The offer is
vehicular manslaughterCopy !req
845. first degree,
three counts, five-to-15.Copy !req
846. We'll take it.
Send me the papers.Copy !req
847. Make no mistake,
Mr. Dressler, I'll be presentCopy !req
848. for every one of
your parole hearings.Copy !req
849. Feldman still has
to sign off on this.Copy !req
850. Five years?
You think this is just?Copy !req
851. It's what
the statute provides.Copy !req
852. Statute.
I don't give a damn about the statute.Copy !req
853. I was presiding
over a landmark case.Copy !req
854. You turned it into
an embarrassment.Copy !req
855. You made a fool out of me.Copy !req
856. Judge... I had my statements writtenCopy !req
857. for his sentencing,
for the imposition of the death penalty,Copy !req
858. you give me a plea
down to a "C" felony.Copy !req
859. If by some fluke
you get elected D.A.,Copy !req
860. you can lobby to re-write
the drunk-driving laws.Copy !req
861. That's cute.
This isn't over, McCoy. I'm not accepting this plea.Copy !req
862. You're sending
the case to the jury.Copy !req
863. Absolutely not.Copy !req
864. Absolutely not.
Let me warn you, counselor.Copy !req
865. I know the shell
game you played with that flight attendant.Copy !req
866. You either send
this case to the jury,Copy !req
867. or you go before
the ethics committee.Copy !req
868. That cuts both ways, Judge.No.Copy !req
869. I have absolute
judicial discretion.Copy !req
870. Any ruling I made
will hold up to scrutinyCopy !req
871. anywhere, any place,
any time, okay.Copy !req
872. It's not what's
on the record, Judge.Copy !req
873. You tipped your hand
in front of Ms. Ross and myself.Copy !req
874. If you're impugning
my judicial...Copy !req
875. I don't want to hear it.Copy !req
876. I have no excuse
for what I did. Neither do you.Copy !req
877. You accept this plea
or I'll go to the ethics committee.Copy !req
878. Before I impose sentence,
does the defendant have anything to say?Copy !req
879. Just that I'm sorry,
Your Honor.Copy !req
880. I'm sorry.Copy !req
881. I'm just very sorry.Copy !req
882. Pursuant to
the plea agreement, the court sentences youCopy !req
883. to a term of not less
than five and to no more than 15 years.Copy !req
884. Though I'm bound by statutes,
this sentence in no way reflectsCopy !req
885. the wanton destruction
you inflictedCopy !req
886. on the families
of your victims,Copy !req
887. nor the outrage
your crimes aroused in our community.Copy !req
888. Your behavior offends us,
Mr. Dressler,Copy !req
889. but no more so
than the inadequate penaltiesCopy !req
890. provided by the statutes.Copy !req
891. We're adjourned.Copy !req
892. Good picture of Feldman.
Nice quote.Copy !req
893. I gotta make some calls.
Line up a campaign manager.Copy !req
894. I'm meeting David for
dinner at Primavera. You want to come?Copy !req
895. Three's a crowd.Copy !req
896. He'd like to meet you.Copy !req
897. I'll be there for dessert.
I promise.Copy !req