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. Even in winter,
the park is full of things to eat.
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7. The fruit of the
staghorn sumac are edible and taste like lemon.
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8. I'm not
tasting any lemon.
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9. I taste it.
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10. I know lemon.
This isn't lemon.
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11. It tastes lemony.
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12. Can I continue
the tour?
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13. Over here we have
high-brush cranberries
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14. which are
actually sweeter... Lina, look.
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15. Somebody threw
some nice boots in the lake.
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16. Stay with the group.
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17. Oh, my God!
They still have feet in them.
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18. The victim was in
a T-shirt and jockeys and cowboy boots.
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19. We're still looking for
the rest of his clothes.
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20. Hunting season
for cowboys?
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21. Looks like.
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22. I counted six entry wounds,
small caliber,
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23. and we got several
blunt force blows to the face.
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24. How long was he soaking?
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25. Hard to tell,
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26. maybe 6 hours,
12 on the outside.
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27. We got some clothes
in the woods.
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28. Hey, hey!
Let's be careful where we step, huh.
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29. Yeah, yeah.
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30. Looks like
good quality threads.
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31. Pants pockets have
been turned inside out.
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32. No wallet.
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33. Could have been
a sex thing, huh?
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34. Hooker mugged him
just as he was getting down to business.
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35. Yeah. Right.
Pick up a date for the night, why waste money on a hotel?
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36. All right. Seal it off
and get CSU up here.
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37. Always the romantic,
huh, Lennie?
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38. Six gunshot wounds
to the chest and gut.
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39. Four blunt force
injuries to the face.
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40. Marks on the wounds indicate
he might've been worked over with a piece of rebar.
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41. We got divers
working the lake.
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42. Have them look for teeth.
Most of his were knocked out.
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43. So much for
dental records.
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44. I found something
better than dental records.
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45. He got a chin implant.
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46. Along with some
nose work, a face lift and ear lobes shortened.
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47. Guy spent all that dough,
winds up looking like hamburger.
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48. Oh. Speaking of.
Stomach contents.
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49. Veal piccata,
capers, risotto, asparagus, salad.
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50. That could be arugula,
could be spinach.
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51. Peanuts, red wine,
and espresso.
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52. All within an hour
before he was killed.
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53. So he was coming from
an Italian restaurant.
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54. And before that,
corned beef on rye, mustard and french fries.
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55. This guy eats
like you, Lennie.
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56. Thanks.
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57. These are from Dookies,
a bootmaker in Billings, Montana.
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58. Any record of sale?
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59. No. They went out of
business two years go.
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60. The underwear and the socks
are a store brand,
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61. Diefenbaker's stores
in Montana, the Dakotas.
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62. So the guy
was a tourist?
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63. The suit and the overcoat
are from Garibaldi's, downtown. Off the rack.
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64. Going by the cut,
I'd say they were bought four, five years ago.
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65. So the guy buys
his suits in New York and his underwear in Montana?
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66. Gloves are Isotoners.
Could have been bought anywhere.
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67. No name tags,
laundry markings?
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68. No. Just marinara
sauce on his shirt
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69. and caramel sugar
on the lining of his gloves.
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70. We sent his particulars
to half a dozen states in the Midwest.
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71. No nibbles yet.
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72. Tourists stay at hotels.
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73. No hotel key.
He got cleaned out.
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74. $100 million worth
of forensic technology
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75. and all we got is
a John Doe cowboy with a big appetite.
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76. We can narrow down
his last stop
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77. to one of 200 Italian
restaurants near the park.
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78. Yeah. Unless he ate
at a friend's.
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79. Well, that only keeps us
out of the hardware stores.
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80. Let's see,
the lab found caramel sugar on the inside of his gloves.
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81. Didn't they also find peanuts
next to his veal piccata?
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82. Those hot peanuts
you buy on the street?
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83. You can smell them
two blocks away.
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84. Check out the vendors
around the park.
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85. Oh! Why can't these
be good for you?
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86. Because then you
wouldn't eat them.
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87. How you doing?
Let me ask you something.
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88. Were you working
here on Tuesday night around 10:00?
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89. I am here every
day until 10:00.
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90. Well, do you remember
selling a bag of peanuts to a white guy
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91. about that time
on Tuesday,
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92. wore a camel-hair coat,
pair of cowboy boots?
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93. Oh, yeah. Cowboy boots.
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94. Yeah. That guy gave me
a $50 bill for a $1 bag of peanuts.
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95. Took all my change.
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96. Said he was sorry
but he gave his singles
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97. to the waiter at
Bella Flora's over there.
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98. Do you
have a picture?
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99. The way he looks
right now,
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100. a picture wouldn't help.
But he might have had a Midwest accent.
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101. He was wearing
a camel-hair coat from Garibaldi's
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102. and a pair of
cowboy boots.
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103. Oh, yes, I remember.
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104. He had dinner with
another gentleman. Tweed jacket, gray hair.
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105. You took
the reservation?
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106. No. The day girl
takes them. Here.
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107. Yes.
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108. Yes. It's, under
the name Curren. No phone number.
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109. You remember this guy
because of the Garibaldi coat?
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110. No.
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111. When he was leaving,
he looked out the window
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112. and he saw a guy in a car
across the street
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113. who was watching
the restaurant.
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114. He asked me to show him
to the back exit.
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115. He say why? No.
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116. Uh, I was concerned
about the guy in the car, too.
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117. We've been robbed
twice in the past year.
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118. So, I wrote down
the license number.
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119. Our lucky day.
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120. So, uh, who paid for
the dinner, the tweed jacket or the Garibaldi coat?
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121. The Garibaldi coat. Cash.
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122. Oh, and the accent,
when he ordered wine, he spoke Italian.
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123. Brooklyn Italian.
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124. That car's assigned
to one of our sales reps.
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125. Which one?John DeMayo.
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126. Is he in?No.
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127. When will he be back?
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128. Depends.
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129. Well, what, is he
out on a call?
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130. I don't know.
Um, why don't you leave your card
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131. and when he calls in,
I'll give him your information.
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132. Okay. Meantime,
mind if we take a look in his office?
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133. We won't touch anything.
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134. I guess. It's this way.
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135. This is it.
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136. July.
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137. DeMayo must be
on the road a lot.
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138. You have his
home address?
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139. Sure.
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140. John DeMayo?
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141. Johnny. Who are you guys?
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142. Detectives, Johnny.
We need to ask you a few questions.
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143. Like what?
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144. Like how'd a guy like you
luck into a job
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145. you don't have
to show up for?
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146. Come on.
I'm making a living, okay. What do you guys want?
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147. Tuesday night,
somebody saw you in this car in front of Bella Flora's.
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148. Yeah, sure. I remember that.
I was waiting for a chick. Blind date.
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149. Oh, yeah?
What's her name?
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150. Gina something.
She stood me up, so I went to another bar.
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151. What are you,
her brother?
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152. This bar have a name?
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153. A bar with a name.
You know what, that's a great idea.
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154. It was Donny's in Ozone Park.
I was there the rest of the night.
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155. And Donny says whatever
you tell him to, right?
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156. Hey, look guys, you know,
I just stopped in here to tap a kidney.
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157. I've got to meet
people in the city. So if we're done...
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158. Yeah. We'll talk again,
Johnny. Soon.
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159. The only rugs he moves
have bodies rolled up in them.
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160. So we got this mook
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161. and a victim from Montana
with plastic surgery who speaks Brooklyn Italian.
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162. Our victim's
a wiseguy in hiding?
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163. A wiseguy whose
prints aren't on file.
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164. Let's talk to
the U.S. Marshals.
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165. Sorry, I came up blank
on those prints.
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166. So you're saying
whoever's prints these are
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167. isn't in your
Witness Protection Program?
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168. Our policy is we
can't confirm or deny who's in the program.
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169. What's this regarding?
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170. The prints came up
in connection with an investigation.
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171. What type of
investigation? No.
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172. First you tell us
whose prints these are.
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173. We have our policies
too, Mr. Wheeler.
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174. Sorry I couldn't
help you.
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175. Call if you need
anything else.
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176. I removed the chin implant
to give me the true width of the jaw.
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177. I lengthened the earlobes.
Tucked in the cheek bones.
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178. But the nose is a first,
he paid to make it bigger.
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179. You think it's him?
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180. Sure looks like him.
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181. I heard he was
in Puerto Rico.
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182. Who are we
talking about?
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183. Nick Lagrassa,
a.k.a. Nicky Shakes.
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184. Button man for
the Virgini family. Confessed to 23 murders.
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185. Three years ago
he testified for the Feds.
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186. Sent a dozen guys
to Leavenworth for the rest of their lives.
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187. Well, now we know
where he'll spend the rest of his.
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188. Can't wait to tell
the Marshals. Thanks.
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189. This individual's
in your morgue?
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190. Cut the crap.
You got his prints, you got his photos.
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191. Is it Lagrassa?
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192. It's Lagrassa.
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193. How long has he
been dead?
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194. Since Tuesday
night last week.
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195. Tapped six times,
.22 caliber.
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196. Suspects?
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197. How about answering
one of our questions.
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198. What was he doing
in New York?
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199. Frankly, we don't
have a clue.
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200. Mr. Lagrassa left
his relocation site
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201. a week ago
without authorization.
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202. What? He just
got homesick?
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203. Any outstanding items
on his court schedule?
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204. I'm not at liberty
to discuss that.
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205. Listen, I don't need
to play slap and tickle with the U.S. Attorney.
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206. The only leak
you should be concerned about
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207. is the one to the press
if you don't cooperate.
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208. We've been putting
together a RICO case against Alberto Napoli.
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209. Lagrassa was going to testify
that he was present
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210. when Napoli ordered the hit
on Louie Bonaventura five years ago.
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211. Napoli's a big fish,
killing Lagrassa's right up his alley.
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212. Napoli's arrest was
still six months down the road
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213. and only if we could lock in
corroborating evidence.
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214. All right, thanks for
the information.
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215. We'll take it from here.
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216. I'm sorry, Lieutenant,
this is our case.
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217. Lagrassa is our witness.
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218. Was your witness.
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219. If you think you
can just come... Excuse me. Mr. Campos,
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220. I'm not into all this
piss-and-mark-your-territory crap.
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221. If I need your help,
I will call you.
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222. You don't,
you'll be talking to the Attorney General.
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223. Well, so far,
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224. we only know that
Johnny DeMayo was staking out the restaurant.
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225. And that Lagrassa
tried to avoid him.
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226. What about Lagrassa's
dinner date, the tweed jacket?
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227. Dead end.
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228. Yeah.
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229. Hold on.
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230. Curtis.
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231. Where?
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232. Okay, thanks.
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233. Well, the trace on
Lagrassa's new identity as Michael Tobias
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234. has him using
a credit card authorization for a hotel off of Madison.
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235. Oh, God!
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236. They didn't
miss a thing.
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237. Yeah. Except for
some beaded belts. Silver buckles.
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238. Lagrassa really
went whole hog for the cowboy look.
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239. What happened here?
Who's Lagrassa?
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240. Never mind.
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241. We're gonna need
a list of phone calls from this room.
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242. Isn't Mr. Tobias
coming back?
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243. No.
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244. Well, Lagrassa was
living it up.
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245. Most of his local calls
were to escort services.
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246. The rest were to
the Hotel Vogue on 57th.
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247. The 1935 number? Yeah.
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248. Well, check this out.
The calls to the 406 area code,
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249. that's a phone company
message center in Montana.
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250. Looks like he
was calling there every half hour.
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251. Right before he
called the Hotel Vogue.
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252. He calls Montana,
picks up a message from somebody at the Vogue,
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253. then calls them.
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254. Right. Lagrassa didn't want
anybody calling him direct at his hotel.
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255. The question is,
who at the Vogue
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256. was leaving messages
for him in Montana.
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257. Do you have any idea
how many people stay here a night?
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258. No, why don't we
close the place down and do a head count?
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259. Mr. Walerstein,
I think I found the guest.
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260. Dozens of calls to
the 406 area code.
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261. The last one
was this morning.
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262. Ned Curren,
Sydney, Australia.
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263. But the credit card's
in the name of Brendan Hall.
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264. Mr. Hall checked
in as Ned Curren.
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265. Mr. Hall's
a distinguished author.
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266. He doesn't want his
fans bothering him.
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267. Don't worry. I just
bought it for the picture.
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268. "When the world's
most eligible bachelor finally decided to marry,
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269. "many hoped it would be
to someone who looked more like Jackie O."
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270. Thank God for
the Kennedys.
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271. Otherwise, a lot of
bad writers would be waiting tables.
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272. Brendan Hall?
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273. Oh, sorry. I thought
you might be process servers.
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274. You want me to
sign that for you?
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275. Actually, we're detectives.
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276. What's this about?
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277. Nicholas Lagrassa.
You know him?
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278. Can't say I do.
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279. He's the guy you were
exchanging phone calls with last week.
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280. Also the guy you shared
a bottle of Chianti with
Copy !req
281. at Bella Rosa's
last Tuesday night.
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282. What about him?
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283. He's dead.
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284. Dead? My God.
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285. You feel like answering
some questions now?
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286. I better talk to my lawyer
before I say anything.
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287. Fine. He can meet you
down at the precinct.
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288. Mr. Lagrassa was looking
for a ghost writer
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289. to do a book about
his life in crime.
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290. I flew in from Sydney
to meet with him.
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291. This scum admits
to killing 23 people
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292. and you think
he rates a book?
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293. An insider's look at the mob?
The public eats this stuff up.
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294. Look, Joe Bonanno
wrote a book, so did Henry Hill,
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295. Sammy "The Bull..."Barry.
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296. Detective, I find
the idea of making money off of Lagrassa's crimes
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297. as repulsive as you do.
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298. But I admit
I was curious.
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299. You don't often get
to meet a real hitman.
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300. So you had dinner with him.
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301. It took a lot of
cloak-and-dagger phone calls to arrange.
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302. Afterwards, I told him
I wasn't interested and I left.
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303. Who knew where you
were having dinner?
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304. No one.
Lagrassa insisted.
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305. Who made the
reservation at Bella Flora's?
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306. I did.
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307. You just pulled
the name out of Zagat's?
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308. The hotel concierge
recommended it to me.
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309. Bella Flora's has
an outstanding reputation.
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310. Why, did someone find
a roach in their soup?
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311. Read the badges
carefully, Lionel.
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312. We're not from
the health department.
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313. Hall's dinner partner
was murdered after he left the restaurant you picked.
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314. I didn't have anything
to do with a murder.
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315. You recommended
a restaurant
Copy !req
316. where this guy
had his last meal.
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317. You're involved. Let me tell you something,
Copy !req
318. the job concierge
takes on a whole new meaning in Attica.
Copy !req
319. Danny Maxwell
in housekeeping.
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320. He paid me $100 to tell him
when Hall went anywhere.
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321. I didn't give a penny
to that little flamer.
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322. He says you did.
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323. He says, she says.
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324. We looked up
your jacket, Danny. You're on parole.
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325. We hook you up
to this hit,
Copy !req
326. you're gonna go back upstate
for the rest of your crummy life.
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327. Hey, this guy
Hall got hit?
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328. Well, you know how
the D.A.'s gonna look at it. You set Hall up.
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329. I swear I didn't know.
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330. Well, who paid you
to keep tabs on Hall?
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331. I tell you,
what am I in for?
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332. Maybe facilitation,
you do a bullet,
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333. you'll be back here
folding sheets.
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334. This guy I know
from the union. He gave me 500 bucks.
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335. Name of Johnny DeMayo.
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336. We're clear.
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337. Clear.
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338. Lennie.
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339. I got you.
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340. He's still breathing.
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341. The doctors say he's
got a punctured lung, fractured ribs.
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342. One bullet missed his heart
by about half an inch.
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343. Fat and muscle's
what saved him.
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344. Can he talk?Barely.
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345. Any idea who shot him?
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346. Probably the same
people who paid him to whack Lagrassa.
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347. Guys like DeMayo
are expendable.
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348. I need to see him.
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349. Hey! Hey! Who are you?
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350. Mort Saltzman.
I'm Mr. DeMayo's attorney.
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351. His mother told me
he was here under arrest.
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352. We need to talk, Mr. Saltzman.
Then you can see your client.
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353. Rey, what happened
at DeMayo's door?
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354. What? You starting to
pull your punches?
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355. No. It was nothing.
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356. Nothing?
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357. You want to
talk about it?
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358. Won't happen again.
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359. I hope not.
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360. Do we absolutely
have to do this now?
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361. In a couple of days,
I might not feel so generous.
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362. I discussed your
offer with Mr. DeMayo.
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363. He indicated he
had nothing to do with Lagrassa's death.
Copy !req
364. The people who
tried to kill him seem to think he does.
Copy !req
365. Mr. DeMayo woke up
in the middle of the night
Copy !req
366. and found two black men
burglarizing his apartment.
Copy !req
367. They shot him.
Copy !req
368. So he just coincidentally
followed Mr. Hall to a meeting with Lagrassa
Copy !req
369. hours before
Lagrassa was killed?
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370. Officer, remove
those handcuffs.
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371. What are you doing?
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372. I'm pulling the guard
detail from his room.
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373. You can't do that.
He's under arrest.
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374. Not anymore.
He's on his own.
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375. Those burglars can come
stuff a pillow in his face
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376. and finish the job
for all I care.
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377. Wait.
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378. He wants the same
deal Lagrassa got.
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379. Four years in jail?
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380. One year.
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381. Lagrassa admitted
to 23 killings.
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382. My client is only
accused of one murder.
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383. And he wants to be put in
the Federal Witness Protection Program.
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384. That's up to the
U.S. Attorney.
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385. I'm sure you could
work it out.
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386. Assuming we can,
what do we get?
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387. Al Napoli.
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388. He ordered the hit
on Lagrassa?
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389. Told me himself.
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390. Alberto Napoli?
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391. What's going on?
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392. Step away
from him, Ronny.
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393. FBI.
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394. What're you doing? What does it look like?
We're arresting him.
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395. News travels fast. We're surveillance.
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396. Then watch this.
Alberto Napoli, you're under arrest
Copy !req
397. for the murder of
Nicholas Lagrassa.
Copy !req
398. You have the right
to remain silent,
Copy !req
399. anything you say
can be used against you at trial.
Copy !req
400. Are you the
altar boys? What?
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401. It's okay, Pop.
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402. He had a stroke
eight months ago. He's not right in the head.
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403. You have the right
to an attorney.
Copy !req
404. If you can't afford one,
one will be appointed to you by a court of law.
Copy !req
405. Do you understand
these rights?
Copy !req
406. "Case number 484193,
People v. Alberto Napoli,
Copy !req
407. "conspiracy to commit murder
in the first degree,
Copy !req
408. "murder in the first degree,
attempted murder in the first degree."
Copy !req
409. Mr. Napoli, your plea?
Copy !req
410. My client pleads
not guilty, Your Honor.
Copy !req
411. People on bail?
Copy !req
412. Remand, Your Honor.
Copy !req
413. Your Honor, that's inhumane.
Copy !req
414. Mr. Napoli suffered a stroke
eight months ago.
Copy !req
415. He's under the constant
care of his doctor.
Copy !req
416. He should be
sent home ROR.
Copy !req
417. He was healthy enough
to order the murders of two witnesses.
Copy !req
418. We want him held where
he'll be unable to conduct his criminal activities.
Copy !req
419. Your Honor, any confinement
is tantamount to a death sentence.
Copy !req
420. We have many fine doctors
on the prison ward at Bellevue, Mr. Dobbs.
Copy !req
421. The defendant is remanded.
Copy !req
422. I'll allow visits from
his personal physician
Copy !req
423. and members of his
immediate family.
Copy !req
424. Ah, his natural family.
Copy !req
425. We have thousands of photos,
hundreds of hours of tapes,
Copy !req
426. and so far we found
only six shots of DeMayo
Copy !req
427. in the same frame
with Napoli.
Copy !req
428. This one's from
two years ago.
Copy !req
429. This one's from
two months ago.
Copy !req
430. DeMayo's connected
through his cousin, a shylock on the West Side.
Copy !req
431. There's not one
mention on the tapes of a hit on Lagrassa.
Copy !req
432. It's a start.
Copy !req
433. Anything else
you turn up... Mr. Schiff,
Copy !req
434. the U.S. Attorney
and the FBI
Copy !req
435. have been building
a racketeering case against Napoli for years.
Copy !req
436. Soon as we
convict him of murder, he's all yours.
Copy !req
437. Mob prosecutions are
the traditional province of the U.S. Attorney's office.
Copy !req
438. Mr. Napoli committed
his crimes
Copy !req
439. against the taxpayers
of this county.
Copy !req
440. They've earned
the first bite at the apple. Leave the photos here.
Copy !req
441. Maybe we should let
them take the case. They have the resources.
Copy !req
442. Napoli's the last
one of his breed.
Copy !req
443. He goes, the mob
goes with him.
Copy !req
444. Now, would you rather
that the Feds put him away or us?
Copy !req
445. We screw up,
they'll eat us for breakfast.
Copy !req
446. I caught up
with him in the park.
Copy !req
447. I took him into the woods,
and then I clipped him.
Copy !req
448. Describe exactly
what you did.
Copy !req
449. I had him take
off his clothes.
Copy !req
450. I let him keep his boots.
Copy !req
451. Then I shot him
twice in the chest.
Copy !req
452. He went down.
I shot him four more times.
Copy !req
453. I found a piece of
rebar on the path.
Copy !req
454. I used it to
bust up his face.
Copy !req
455. Why did you have
him undress?
Copy !req
456. To show disrespect.
That's what you do.
Copy !req
457. And breaking his teeth?
Copy !req
458. For opening his mouth.
Copy !req
459. Hey, I hope this
protection program works.
Copy !req
460. I got my teeth
capped last year.
Copy !req
461. Let's go on.
Copy !req
462. Yeah, okay.
Copy !req
463. So then I did all that,
and then I put him in the lake.
Copy !req
464. Then I got his ID
out of his clothes.
Copy !req
465. Why did you go
to his hotel?
Copy !req
466. Napoli wanted me
to look for material
Copy !req
467. related to what
the Feds were up to.
Copy !req
468. Hey, I gotta hear that
every 10 minutes.
Copy !req
469. The Marshals have
gotta move me.
Copy !req
470. You're not going
anywhere, Mr. DeMayo.
Copy !req
471. Hey, come on now.
I'm the guy who clipped Nicky Shakes.
Copy !req
472. You have our
deepest appreciation.
Copy !req
473. Just to be clear.
Copy !req
474. You approached Napoli?
Copy !req
475. Yeah.
Copy !req
476. I heard this writer guy,
Brendan Hall, was in town
Copy !req
477. and that he might
hook up with Lagrassa.
Copy !req
478. Where did you hear that?
Copy !req
479. A friend.
They don't wanna be involved.
Copy !req
480. That individual can
be listed on the indictment
Copy !req
481. as a John Doe
unindicted co-conspirator.
Copy !req
482. So then, I told
Paul Matera,
Copy !req
483. and he told Napoli.
Copy !req
484. And then I got to
see the man himself.
Copy !req
485. And he told me
he'd consider it a personal favor
Copy !req
486. if I clipped Lagrassa.
Copy !req
487. We're going to
need to corroborate Napoli's involvement.
Copy !req
488. Like how?
Copy !req
489. Another witness.
Copy !req
490. Somebody else
you told this to.
Copy !req
491. Okay.
Copy !req
492. I was seeing this girl,
Copy !req
493. and she was with me
when I picked up a clean piece from Matera.
Copy !req
494. But I don't know, her and me,
we were like oil and vinegar.
Copy !req
495. His name is Paul Matera.
Copy !req
496. We think you met him
with Mr. DeMayo
Copy !req
497. in a parking lot
four weeks ago.
Copy !req
498. Yeah. And say I did.
Then what?
Copy !req
499. You'd testify
before a grand jury and possibly at a trial.
Copy !req
500. Whose trial?
Copy !req
501. Alberto Napoli.
Copy !req
502. Johnny said he
knew people like that. I never believed him.
Copy !req
503. We can protect you.
Copy !req
504. You're kidding me, right?
Copy !req
505. Look, maybe Johnny's
stupid enough to fall for that crap.
Copy !req
506. You're already on
a hit list, Ms. Grant.
Copy !req
507. Make no mistake,
Copy !req
508. your only hope is
to cooperate with us.
Copy !req
509. Johnny and I had dinner,
Copy !req
510. then he drove to this
parking lot on 23rd.
Copy !req
511. That man was there.
Copy !req
512. He gave Johnny a paper bag.
Johnny was all pumped up.
Copy !req
513. Showed me what
was in the bag. It was a gun.
Copy !req
514. He said it was gonna
change his life.
Copy !req
515. This is some indictment.
Copy !req
516. Alberto Napoli,
Paul Matera, Johnny DeMayo,
Copy !req
517. plus an unnamed
unindicted co-conspirator.
Copy !req
518. Who would that be,
Santa Claus?
Copy !req
519. We're in a hurry, Mr. Dobbs.
We have other cases.
Copy !req
520. And what does Adam Schiff
expect to get out of this,
Copy !req
521. besides photo ops
for his re-election campaign, of course?
Copy !req
522. Well, we're going
for a conviction.
Copy !req
523. With a nobody
like Johnny DeMayo as your star witness?
Copy !req
524. Look, even if someone
did want Lagrassa dead,
Copy !req
525. I mean, the idea that
they would trust DeMayo with it, it's laughable.
Copy !req
526. How smart do you have to be
to shoot an unarmed man?
Copy !req
527. Look, I know
you're all on some sort of mission here,
Copy !req
528. but this case is
never going to trial.
Copy !req
529. I won't permit
my client to be made a spectacle of.
Copy !req
530. Motion to dismiss.
He is not competent to stand trial.
Copy !req
531. Since his stroke, Your Honor,
Mr. Napoli has suffered from disorientation,
Copy !req
532. memory impairment,
auditory hallucination
Copy !req
533. and paranoid delusions
of persecution.
Copy !req
534. He neither understands
the charges
Copy !req
535. nor can he assist
in his own defense.
Copy !req
536. Their medical records
can't be taken at face value.
Copy !req
537. This one diagnosed
Mr. Napoli as borderline retarded with an IQ of 61.
Copy !req
538. This one diagnosed him
with an onset of Alzheimer's.
Copy !req
539. Mr. Dobbs, your experts
Copy !req
540. have him suffering from every
conceivable mental defect.
Copy !req
541. Regardless, Your Honor,
they rebut the initial presumption of competency.
Copy !req
542. The burden is now
on the People
Copy !req
543. to prove that my
client is competent.
Copy !req
544. People v. Feyre.
Copy !req
545. The fact that he controls
a criminal organization speaks for itself.
Copy !req
546. I want to hear what
the court psychiatrist has to say first.
Copy !req
547. I'm ordering a 730 exam.
Copy !req
548. A-B
Copy !req
549. N...
Copy !req
550. I forgot.
Copy !req
551. DR.How about spelling
your last name?
Copy !req
552. I can hear singing.
Copy !req
553. Am I getting baptized?
Copy !req
554. Let's try something else.
Copy !req
555. I want you to
count down from 30 by subtracting 3.
Copy !req
556. Okay? 30, 27, 24...
Copy !req
557. Go ahead.
Copy !req
558. Where's that singing
coming from?
Copy !req
559. They're singing my name.
Copy !req
560. It's okay, Pop.
There's no singing.
Copy !req
561. You almost done?
He's tired.
Copy !req
562. Just a few more questions.
Copy !req
563. Mr. Napoli, do you know
where you are?
Copy !req
564. Mr. Napoli, do you know
where you are?
Copy !req
565. In school.
Copy !req
566. Do you know you've
been arrested?
Copy !req
567. The archangel Michael
Copy !req
568. says I can't talk
about that.
Copy !req
569. Do you know you're
charged with murder?
Copy !req
570. The archangel
doesn't want me talking about that.
Copy !req
571. Who's the archangel Michael?
Copy !req
572. Him.
Copy !req
573. Now we're done?
Copy !req
574. What, time to
change his diaper?
Copy !req
575. Hey! He's sick.
Copy !req
576. You think that's funny?
He has accidents.
Copy !req
577. Al Napoli,
the diaper don.
Copy !req
578. What did you say?
Copy !req
579. Ronny.You better apologize.
Copy !req
580. What? Does he play
with himself in public, too?
Copy !req
581. Calm down!
Calm down.No.
Copy !req
582. That son of a bitch's
gonna show some respect.
Copy !req
583. You're right. I'm sorry.
Copy !req
584. After claiming he
didn't know where he was...
Copy !req
585. Mr. Napoli suddenly became
sufficiently aware of his surroundings
Copy !req
586. to quickly move
out of harm's way.
Copy !req
587. That shows a remarkable
presence of mind.
Copy !req
588. Your Honor, Dr. Skoda's
examination room theatrics notwithstanding,
Copy !req
589. my client's behavior
is consistent
Copy !req
590. with a diagnosis of
multi-infarct dementia,
Copy !req
591. schizophrenia
and Alzheimer's.
Copy !req
592. Mr. Napoli's condition
is like a Chinese menu.
Copy !req
593. They've taken symptoms
from columns A, B and C,
Copy !req
594. to manufacture
a claim of incompetence.
Copy !req
595. Your Honor,
is Mr. McCoy suggesting
Copy !req
596. that my client is such
an accomplished actor
Copy !req
597. that he can fool
experts from Bellevue,
Copy !req
598. Columbia-Presbyterian,
Johns Hopkins?
Copy !req
599. He didn't fool the camera.
That evidence speaks for itself.
Copy !req
600. He's malingering.
Copy !req
601. His condition is
an elaborate ruse to avoid prosecution.
Copy !req
602. Your Honor, that is
state-sponsored blackmail.
Copy !req
603. Calm down, Mr. Dobbs.
Copy !req
604. This is a mental
competency hearing.
Copy !req
605. I'm sure if the threat
of imminent prosecution
Copy !req
606. were removed permanently,
Copy !req
607. Mr. Napoli would experience
a remarkable recovery.
Copy !req
608. I find the defendant fit
to proceed to trial.
Copy !req
609. Parties to meet in
my chambers on Monday
Copy !req
610. to set a trial date.
We're adjourned.
Copy !req
611. You're trying to kill him.
That's what you want.
Copy !req
612. What kind of people
are you?
Copy !req
613. This is gonna be fun.
Copy !req
614. As these
photos show,
Copy !req
615. Johnny DeMayo was
a known associate of the Napoli crime organization.
Copy !req
616. In this photo,
please identify the man standing to his left.
Copy !req
617. That's the second
defendant Paul Matera.
Copy !req
618. He's what we call
a street boss.
Copy !req
619. He oversees
the day-to-day operations of the Napoli organization.
Copy !req
620. In your experience,
Copy !req
621. could a street boss
order an assassination
Copy !req
622. without his boss's approval?
Copy !req
623. No, not without suffering
dire consequences.
Copy !req
624. Did there come a time
when you observed
Copy !req
625. Mr. Napoli in the
privacy of his home?
Copy !req
626. Yes. The bureau had
an apartment in a high-rise across the street from him.
Copy !req
627. And what did
you observe?
Copy !req
628. He talked
to his family,
Copy !req
629. read documents and
what appeared to be leather-bound record books.
Copy !req
630. He received visitors
and spoke to them in an authoritative manner.
Copy !req
631. Thank you.
Copy !req
632. Agent Ruggiero,
you couldn't actually hear what he was saying,
Copy !req
633. isn't that right?
Copy !req
634. Yes. We didn't have
a bug in his home.
Copy !req
635. Uh-huh.
Copy !req
636. So as far as you know that,
he could've been speaking nonsense.
Copy !req
637. And as for these
record books,
Copy !req
638. they could have
been photo albums?
Copy !req
639. Yes. Hmm.
Copy !req
640. For the six months
that you watched my client,
Copy !req
641. did you ever see him
speak to Mr. DeMayo?
Copy !req
642. No.
Copy !req
643. Or make a gesture
to him or wave hello?
Copy !req
644. Not that I saw.
Copy !req
645. Did you observe Mr. DeMayo
during that period
Copy !req
646. ever perform any service
for my client?
Copy !req
647. One time.
Copy !req
648. Oh? What was that?
Copy !req
649. He brought coffees
to his car.
Copy !req
650. He delivered coffees?
Copy !req
651. And this is the man
that my client hired to kill Nick Lagrassa?
Copy !req
652. Well, if that isn't proof that
he's mentally incompetent,
Copy !req
653. I don't know what is.
Copy !req
654. Thank you.
No further questions, Your Honor.
Copy !req
655. Delivery boy.
I brought him coffee once.
Copy !req
656. Get over it, Mr. DeMayo,
or they'll eat you alive on the stand.
Copy !req
657. He's right, Johnny.
Copy !req
658. Yeah, okay,
I'm sorry.
Copy !req
659. Okay. I forgot.
Where were we?
Copy !req
660. The question was,
please tell us what happened
Copy !req
661. after you took
Mr. Lagrassa into the woods.
Copy !req
662. Right, okay.
Copy !req
663. I had him take
off his clothes.
Copy !req
664. Then I shot him
twice in the chest.
Copy !req
665. He went...
Copy !req
666. I meant, I let him
keep his boots
Copy !req
667. then I shot him
twice in the chest.
Copy !req
668. He went down.
I shot him four more times.
Copy !req
669. I found a piece of rebar...
Copy !req
670. Hold on.
Copy !req
671. Did you memorize
your testimony?
Copy !req
672. Yeah. So?
I just want to keep it straight in my head.
Copy !req
673. Juries don't like witnesses
who sound rehearsed.
Copy !req
674. If you leave something out,
just move on.
Copy !req
675. I'll come back to it
in a follow-up question.
Copy !req
676. Yeah. Okay.
Whatever you say.
Copy !req
677. Good.
Copy !req
678. Lagrassa had a large bruise
on his right side. Did you kick him?
Copy !req
679. A bruise?
Copy !req
680. Oh, yeah, I kicked him.
I forgot that.
Copy !req
681. All right.
9:00 a.m., Monday.
Copy !req
682. Get plenty of rest.
Copy !req
683. Lagrassa wasn't bruised. Nope.
Copy !req
684. DeMayo's lying.
He didn't kill Lagrassa.
Copy !req
685. He got a contract from Napoli
and had somebody else do the dirty work?
Copy !req
686. We got two days
to find out.
Copy !req
687. The John Doe who told DeMayo
the author was in town?
Copy !req
688. Start there.
Copy !req
689. Brendan Hall says
only his lawyer knew he was in town.
Copy !req
690. He was pretty rabbity.
Checked in under an assumed name,
Copy !req
691. would only talk to us
with the lawyer, and then only off the record.
Copy !req
692. What was he
worried about?
Copy !req
693. I don't know.
Process servers for one thing.
Copy !req
694. Guys who write tell-all books
tend to get sued a lot.
Copy !req
695. Let's see.
Copy !req
696. Hall, Brendan.
Copy !req
697. Middle name?Scott.
Copy !req
698. Here's one,
it's about his Kennedy book. Libel and defamation.
Copy !req
699. $50 million!
No wonder Hall was keeping a low profile.
Copy !req
700. Here's another lawsuit.
Copy !req
701. Brendan Hall,
Nicholas Lagrassa
Copy !req
702. and Mattawin Publishing,
respondents.
Copy !req
703. Look at the plaintiffs.
There must be 30 of them.
Copy !req
704. Albanese, Andrea.
Albanese, Julia.
Copy !req
705. Disanto, Marie.
Macavoy, Diane.
Copy !req
706. Call me crazy,
but those are the family names
Copy !req
707. of the people
Lagrassa killed.
Copy !req
708. The suit alleges Lagrassa,
Hall and the publishers had made a contract for a book.
Copy !req
709. The victim's families
are suing under the Son of Sam laws
Copy !req
710. to collect whatever
Lagrassa was being paid.
Copy !req
711. That opens up a whole
new universe of suspects.
Copy !req
712. Oh, I think I might've
narrowed it down.
Copy !req
713. 17 years ago,
Lagrassa killed the owner of a sporting goods store,
Copy !req
714. Sam Panetti.
Copy !req
715. He owed money to
the wrong people.
Copy !req
716. He was found shot dead.
Stripped to his shorts. His teeth knocked in.
Copy !req
717. He has a daughter, Victoria.
Copy !req
718. She's a plaintiff
in the suit.
Copy !req
719. Victoria. Vicky Grant?
Copy !req
720. One and the same.
She could be our shooter.
Copy !req
721. We can't let DeMayo
take the stand.
Copy !req
722. If we ask for a delay,
the defense will smell trouble.
Copy !req
723. It's that or
suborning perjury
Copy !req
724. if he testifies
he killed Lagrassa.
Copy !req
725. I know.
Copy !req
726. Talk to the other plaintiffs.
See what they have to say about Vicky Grant.
Copy !req
727. Lagrassa killed my brother
'cause he couldn't pay a gambling debt.
Copy !req
728. And now you
were suing him?
Copy !req
729. The government
gave him four years for killing 23 people.
Copy !req
730. Now they were gonna
let him write a book, make big money.
Copy !req
731. What did Vicky Grant
think about it?
Copy !req
732. She was 12 when
Lagrassa killed her dad.
Copy !req
733. Our lawyer said
it could take years to find the money.
Copy !req
734. Vicky got fed up.
Dropped out of the suit.
Copy !req
735. Did you know Hall was
meeting with Lagrassa?
Copy !req
736. The book writer
comes from Australia.
Copy !req
737. We'd been trying
to serve him papers.
Copy !req
738. Our lawyer found out
he was gonna be in New York.
Copy !req
739. Did Vicky know? Sure.
Copy !req
740. I told Marie Disanto,
she told Andrea Albanese, and like that.
Copy !req
741. We all keep in touch.
Copy !req
742. Why the emergency meeting?
Copy !req
743. Hey, this better not
take all day.
Copy !req
744. The pro bowl starts
in half an hour.
Copy !req
745. Sit down.
Copy !req
746. Hey, I got a big
day tomorrow.
Copy !req
747. If I want to relax,
I'm gonna relax.
Copy !req
748. Shut up and sit down.
Copy !req
749. What's got into him?
Copy !req
750. You'd better sit down.
Copy !req
751. You didn't shoot
Nick Lagrassa!
Copy !req
752. Well, then who did?
Copy !req
753. Vicky Grant.
Copy !req
754. Vicky? Come on!
Copy !req
755. She was at the restaurant.
The maitre d' identified her.
Copy !req
756. When Lagrassa
gave you the slip, she followed him.
Copy !req
757. Isn't that what
happened, Mr. DeMayo?
Copy !req
758. Maybe you didn't
hear me the first time.
Copy !req
759. You don't fill in the blanks,
we're throwing you out on the street.
Copy !req
760. By the end of the day,
you'll be back where we found you,
Copy !req
761. in a pool of your own blood.
Copy !req
762. And if he talks?
Copy !req
763. He remains
a protected witness.
Copy !req
764. Yeah, okay.
Copy !req
765. She told me about that
writer coming to town.
Copy !req
766. The idea was,
we're gonna grab Lagrassa, take him someplace,
Copy !req
767. and then she was
gonna kill him.
Copy !req
768. But things didn't
work out that way,
Copy !req
769. and she took care
of it on her own.
Copy !req
770. Then she came back
to get me.
Copy !req
771. I ditched the body,
and I got rid of her gun.
Copy !req
772. And she let you take
the credit with Napoli?
Copy !req
773. She didn't know
about Napoli.
Copy !req
774. Before all this happened,
I went to him,
Copy !req
775. to get his okay on
killing Lagrassa.
Copy !req
776. You wanted to
play the hero,
Copy !req
777. the man who clipped
Nicky Shakes.
Copy !req
778. I wanted respect.
Copy !req
779. And you didn't tell Napoli
that your girlfriend was part of the plan?
Copy !req
780. The police picked her up
20 minutes ago.
Copy !req
781. This is a disaster.
Copy !req
782. She's the shooter.
Copy !req
783. Napoli didn't know.
We can't pin the murder on him.
Copy !req
784. He did conspire
to kill Lagrassa.
Copy !req
785. Yeah. According to who?
Copy !req
786. DeMayo?
The man perjured himself before the grand jury.
Copy !req
787. Some case.
Copy !req
788. We might still
get a conviction.
Copy !req
789. And Napoli might
get all of six years.
Copy !req
790. I wanted him put
behind bars forever, for murder.
Copy !req
791. The Feds will
laugh themselves silly.
Copy !req
792. Johnny DeMayo
gave you up.
Copy !req
793. An eyewitness placed
you in the restaurant.
Copy !req
794. By tomorrow,
we'll have recovered the weapon you used.
Copy !req
795. You dragged her up here
to watch you beat your chest?
Copy !req
796. We're prepared
to be lenient.
Copy !req
797. You avenged your father.
Copy !req
798. You couldn't stand the idea
Lagrassa might write a book
Copy !req
799. and make money
off his crimes.
Copy !req
800. There's enough
mitigation here
Copy !req
801. for a plea of
first-degree manslaughter.
Copy !req
802. But we need you
to testify to it at Napoli's trial.
Copy !req
803. You'll be in prison
for a year.
Copy !req
804. After that, you'll go into
Federal Witness Protection.
Copy !req
805. It wasn't
"might write a book."
Copy !req
806. Lagrassa had
the book in his hand.
Copy !req
807. He got it from the writer
in the restaurant.
Copy !req
808. He said a book company
gave him nearly
Copy !req
809. half a million dollars
for his story.
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810. He said he would
split it with me
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811. if I let him get away.
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812. You still have the draft?
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813. Someone else killed
Mr. Lagrassa?
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814. Was this woman
also acting on orders from Mr. Napoli?
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815. No.
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816. Ms. Grant was unaware
that Mr. Napoli was involved.
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817. Your Honor,
it sounds like my client
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818. is off the hook on
the murder charge.
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819. I'm moving to dismiss.
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820. I'm inclined to
agree, Mr. McCoy.
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821. The charges against Mr. Napoli
can't be sustained.
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822. Unless Ms. Grant was
a part of his conspiracy.
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823. How could she?
Neither of them knew the other was involved.
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824. People v. Treuber.
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825. Ms. Grant made an agreement
with Mr. DeMayo to kill Lagrassa,
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826. and Mr. DeMayo
made one with Napoli. That's a conspiracy.
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827. The fact that the right hand
didn't know what the left was doing is immaterial.
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828. Treuber?
You have the cite?
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829. Your Honor, it's too late
for Mr. McCoy to amend the indictment.
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830. Ms. Grant isn't named
as a conspirator.
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831. Yes, she is,
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832. as the John Doe
co-conspirator
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833. who gave information to
DeMayo about Mr. Hall.
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834. Ms. Grant has
agreed to testify?
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835. Yes, Your Honor.
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836. Have her in my
courtroom tomorrow.
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837. I'm denying your
motion to dismiss.
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838. Judge Larkin
went for it.
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839. We've gotta have Vicky Grant
prepped for tomorrow morning.
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840. I've been reading Lagrassa
and Hall's masterpiece.
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841. I'll wait for the movie.You don't want
to wait that long.
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842. Lagrassa begged
me for his life.
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843. He offered me money.
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844. I got in his face.
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845. I told him that I was
the daughter of Sam Panetti,
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846. and I shot him,
like the dog that he was.
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847. And then?
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848. I broke his teeth,
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849. just like he did
to my father.
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850. I went back to
look for Johnny.
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851. That idiot was
still at the restaurant. We drove to the park.
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852. He put the body
in the lake.
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853. I gave him my gun,
and he dropped me off at the subway.
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854. And what did you
do with the book?
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855. I kept it.
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856. People's 64, Your Honor.
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857. Is this the manuscript
you took from Mr. Lagrassa?
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858. Yes, it is.
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859. "Mob Life
by Nicholas Lagrassa with Brendan Hall."
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860. I'd like you to read
the passage I marked.
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861. "When Joey's brother
came out of Attica,
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862. "Joey wanted to set him up
in his own business.
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863. "His brother liked sports
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864. "so a sporting goods store
seemed like a natural.
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865. "Panetti's on Atlantic Avenue
owed us 20 bills.
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866. "We called in the note.
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867. "Mr...
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868. "Panetti was found dead
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869. "in Prospect Park
by a man walking his dog."
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870. And Mr. Panetti
was your father?
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871. Yes.
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872. This
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873. bastard Lagrassa,
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874. they were gonna put
him on Larry King,
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875. get a big-name actor
to play him in a movie
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876. and make a hero out of him.
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877. A piece of dirt
like Nick Lagrassa.
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878. These wiseguys,
they are psychos and losers,
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879. and everybody loves them.
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880. And I don't get it.
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881. I'd like you to read
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882. one more passage.
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883. "Joey and I were at
Stark's Restaurant with Al Napoli
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884. "when we heard the Feds
popped Frank Masucci for murder.
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885. "Al said..."Objection, Your Honor.
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886. Hearsay.
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887. No.
I'm going to allow it. The objection is overruled.
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888. Go ahead, Ms. Grant.
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889. "Al said Masucci
should claim insanity,
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890. "like John Hinckley,
the man who shot Reagan.
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891. "Al said that's what
he'd do if he got arrested,
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892. "a crazy act."
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893. Thank you.
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894. Two hours to
return a guilty verdict. Must be some kind of record.
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895. We'd like to talk
about a sentence recommendation.
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896. He was convicted
of murder one.
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897. First he serves life,
then we can talk.
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898. And if my client had
some information to offer?
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899. About? The five families,
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900. the Russian mob,
Chinese, Jamaican, the whole melting pot.
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901. What kind of time
are you looking for?
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902. No time.
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903. He goes straight
into Witness Protection.
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904. I mean, Adam Schiff'll be
prosecuting cases
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905. for the next 10 years
on his testimony.
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906. I'm not giving him a walk.
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907. One year.
Somewhere near the city. He has grandchildren.
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908. Two.
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909. Two years?
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910. Maybe I'll write a book.
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911. In the end, they all
rat each other out.
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912. And we all end up paying
their living expenses.
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913. Or buying their memoirs.
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914. Time to share the good news.
Happy faces, everybody.
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915. All right.
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916. Mr. Schiff.
Mr. Schiff.
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917. Can you comment?
Mr. Schiff. Sir. Sir.
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