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NARRATOR:
In the criminal justice system
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00:00:03,003 --> 00:00:06,905
the people are represented
by two separate
yet equally important groups,
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00:00:06,973 --> 00:00:08,770
the police
who investigate crime
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00:00:08,842 --> 00:00:11,675
and the district attorneys
who prosecute the offenders.
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These are their stories.
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Top you off?
Thanks.
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And let me get
another piece of
that raspberry pie
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with a scoop
of vanilla ice cream.
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Oh, aren't we
in a fine mood
on a dreary night?
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That stuff
must really work.
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Yeah, works for me.
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(CHUCKLES) Got a lady
joining you?
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Oh, even better.
I'm get to
stick it to a guy
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who's been
sticking it to me.
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I'll be right back
with that pie.
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Guy in that bodega
heard shots,
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saw a dark colored
SUV burn away
from the intersection.
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Two shells, 9-milimeter.
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MURPHY: DOA's
a Charles Sawyer.
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Address in East Meadow,
Long Island.
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Business card says
he's a contractor.
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The weapon
was fired from here,
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maybe when the car
was stopped
at the stop sign.
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Driver's foot
came off the brake,
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and it rolled into
the streetlight.
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One shot to the head.
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The passenger
window's open.
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Maybe he rolled it down
when the shooter
in the dark SUV
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pulled up
on the right side.
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Maybe somebody he knows.
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We got two more shots.
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Three shots,
and only two shells.
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We'll need all the texts
and the calls
from his cell phone.
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"Connelly and Seltzer
Law Firm."
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And the winner is...
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Charlie's divorce papers.
Unsigned.
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Well, the divorce
is final now.
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Charlie had
the divorce papers
for three weeks.
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Then all of a sudden
yesterday he calls,
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quick, quick he wants
to come over
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and get me
to sign them.
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Any idea why the rush to
get the divorce finalized?
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I figure the only reason
men want a divorce
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is they've met the next
woman they want
to drive crazy.
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What were you two
fighting over
in the divorce?
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Nothing.
Just feelings.
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We got no kids,
the bank owns most
of the house.
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Oh, he had
this little place
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up in the Poconos
from his mom.
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She died last summer
from emphysema.
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What about his
contracting business?
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I heard it wasn't
going so hot.
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He had to borrow
a load of money
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from some,
you know, people.
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DALE: Hey!
Hey, hey, hey!
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Get off! Get off!
The hell you going
to stop me.
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Get it off the truck
right now!
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Hey! Hey!
Police, break it up.
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Officers, he's trying to
steal our equipment.
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Aw, you lying sack!
Sawyer owed me money.
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Come on,
let's talk over here.
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Hey, you men unload
that backhoe.
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Let me see some ID.
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What's going on?
(SIGHS)
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I lent Sawyer
a hundred grand.
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Yesterday he tells me
he's going to have
my money on Friday.
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This morning
I hear he's dead.
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I figure if
I'm ever going to
get my money back,
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I better get here quick
before it all gets
tied up in court.
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That's not
the way it works,
Mr. Biaggio.
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You're going to have
to stand in line with
the rest of the creditors.
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The guy's
not even dead a day
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and already the vultures
are picking at the bones.
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How long has that vulture
been circling?
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Charlie was into him
for a brick.
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Biaggio was leaning on him
to pay up.
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Doesn't look like
his prospects were too bright.
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Your job board's empty.
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Not that Charlie seemed
to notice.
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How do you mean?
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Yesterday,
we had an appointment
to bid on a job.
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Charlie blew it off.
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Said he had something
important to do.
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Mr. Biaggio said
that Charlie was going
to pay his debt off
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by the end
of the week.
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You know anything
about that?
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No.
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Look at how
the guy lived.
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He couldn't even
barely afford to
keep the lights on.
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This story about coming
into some money
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could just be Sawyer
playing for time.
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Except he passed up
on a job,
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and pushed his wife to
sign off on the divorce.
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Any idea what
he was doing
in the city?
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Uh, eating raspberry pie.
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That's what he had
in his stomach.
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M.E. Figured Sawyer
chowed down
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within an hour
of being shot.
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What about
his cell records?
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Here they are,
right here.
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All right, we got
outgoing calls to
his ex-wife, Nick Biaggio,
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and his
construction office
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and to two law firms,
neither of which were
handling his divorce.
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Then, incoming
from his ex-wife,
his construction office.
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The last call came in
11 minutes before
he was shot,
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from a phone booth
on Leonard and West
Broadway.
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It's a few blocks
from the crime scene.
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Can you it up
on the map?
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Just a second.
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(BEEPS)
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Let's see a street view.
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(KEYS CLATTERING)
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Check out the diner
across the street.
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BERNARD:
"Fresh Homemade Pies."
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Mr. Raspberry Pie.
Came in here,
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sat right there
by himself
for an hour.
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Tipped me ten bucks.
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The pie man was flush?
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Just deliriously happy.
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I thought
he'd been sucking on
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that oxygen tank
he had with him.
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Oxygen tank?
Mmm-hmm.
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No bigger
than a thermos.
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What was he
so happy about?
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He said he was going
to stick it to the guy
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who was
sticking it to him.
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BERNARD:
And who was that?
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The guy who he said
he was waiting for.
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I don't know,
that would be my guess.
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He got a call
and he left.
(BELL DINGS)
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Excuse me.
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BUTLER: Charles Sawyer
wasn't a client.
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On the contrary,
Mr. Sawyer
and his mother
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were suing one of
our clients.
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And what client
is that?
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PanWorld Airlines.
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The... The crash
off Long Island,
what, seven years ago?
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Yeah. Flight 33
to Miami.
Uh-huh.
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Mr. Sawyer's father
was on the flight.
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Mr. Sawyer
and the families of
the other 96 victims
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have a class action suit
against PanWorld.
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You close
to a settlement?
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Hardly. We're far apart
on numbers
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and nowhere
near a trial.
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It didn't help that
the original judge
on the case
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was killed by one
of the plaintiffs
five years ago.
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So, why did
Sawyer call your office
a couple days ago?
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He said he had
some good news
for my client,
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and he wanted
a meeting.
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LUPO: Good news
for PanWorld?
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He wanted to
cut a side deal
with you guys?
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It's not unusual to
have a renegade litigant
in a class action suit.
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LUPO: What was
Sawyer's good news?
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We didn't get that far.
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I told him
it was improper for me
to speak to him
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without the permission
of his lawyer.
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The explosion
ripped a hole
in the fuselage.
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The FAA
ruled out terrorism,
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00:07:10,563 --> 00:07:13,794
so that leaves negligence
on the part of the airline
and the manufacturer.
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How much is this lawsuit
worth, Mr. Winston?
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I represent
the families of
46 of the victims.
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With punitive damages,
we're looking at multiples
of a hundred million.
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Our records show
that Charlie Sawyer
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00:07:23,309 --> 00:07:24,742
called you the day
he was murdered.
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Yes.
He called every week,
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asking when he was going
to see his money. He...
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I know things were
tight for him.
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(KNOCKING ON DOOR)
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Thanks, Wanda.
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These are depos
from the airline's
own mechanics
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about working double shifts
and rush maintenance checks.
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We even have affidavits
from whistle-blowers.
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Before he called you,
he told PanWorld's lawyers
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that he had good news
for them
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and that he wanted
to settle.
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What kind of good news?
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That he didn't say.
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Knowing Charlie,
he was working an angle.
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"So, you and your clients
are nothing but CIA lackeys.
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"How much are
the Islamo-Fascists
paying you
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"to hide the truth
about Flight 33?"
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00:08:00,646 --> 00:08:02,375
There's a pack of
conspiracy nuts
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00:08:02,448 --> 00:08:05,110
that have turned
this tragedy
into an industry.
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00:08:05,184 --> 00:08:07,345
They've got books
and blogs to peddle.
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Some of them
have even harassed
my clients directly.
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BELANGER: Do you
have a warrant?
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Not that that matters.
I mean, your kind,
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you don't care
about warrants,
do you?
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You will not silence me,
you know.
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00:08:22,668 --> 00:08:26,263
Mr. Belanger, we're not
the men in black.
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So, you think
this is funny.
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00:08:27,540 --> 00:08:29,474
Not really.
Ninety-six people
are dead.
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Ninety-seven if you count
Charles Sawyer.
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You do know
who he is, don't you?
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He's a plaintiff
in the lawsuit
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whose silence
was for sale. Yes.
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00:08:38,718 --> 00:08:41,346
You sent the victims'
families letters
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urging them
not to settle.
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00:08:43,389 --> 00:08:44,686
You were
harassing them.
200
00:08:45,258 --> 00:08:46,486
I was harassing them?
201
00:08:46,559 --> 00:08:48,652
Please, they were
harassing me.
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00:08:48,961 --> 00:08:50,861
Not a week went by
when this Sawyer fellow
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00:08:50,930 --> 00:08:53,797
didn't post some
anonymous screed
on my blog.
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00:08:53,866 --> 00:08:56,130
If it's anonymous,
how do you know
it was him?
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00:08:56,202 --> 00:09:01,367
Because I keep
meticulous record of
every IP address
206
00:09:01,440 --> 00:09:05,900
that drops a comment
on my website, huh? See?
207
00:09:06,812 --> 00:09:10,248
Name, login address,
date, time.
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00:09:10,416 --> 00:09:13,681
Sawyer posted some of
his idiotic drivel
just this past Tuesday.
209
00:09:13,753 --> 00:09:15,243
The day he was shot.
Can I see this?
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00:09:15,321 --> 00:09:16,549
Well...
211
00:09:19,525 --> 00:09:22,085
Have at it.
I'm going to
go call my lawyer.
212
00:09:22,161 --> 00:09:23,253
Okay.
213
00:09:23,763 --> 00:09:26,960
Okay, so,
Sawyer logged in from
Henryville, Pennsylvania
214
00:09:27,033 --> 00:09:28,330
at 10:16
in the morning.
215
00:09:28,768 --> 00:09:30,235
Henryville's in
the Poconos
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00:09:30,303 --> 00:09:32,669
and his mother
had a house there.
217
00:09:33,272 --> 00:09:35,706
Maybe Sawyer kept
his facts there.
218
00:09:44,183 --> 00:09:46,276
What the hell
happened here?
219
00:09:56,462 --> 00:09:59,431
Looks like
Charlie's good news
blew up on him.
220
00:10:04,770 --> 00:10:05,828
The place's been
on the market
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00:10:05,905 --> 00:10:07,463
since Mrs. Sawyer
died last summer.
222
00:10:07,540 --> 00:10:08,871
Her son stays here
from time to time.
223
00:10:08,941 --> 00:10:10,067
This damage
looks recent.
224
00:10:10,142 --> 00:10:11,734
DILLMAN: It happened
last Monday morning.
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00:10:11,811 --> 00:10:12,937
I called Charlie Sawyer.
226
00:10:13,012 --> 00:10:14,001
He came out here
Monday afternoon.
227
00:10:14,080 --> 00:10:15,069
So, what happened?
228
00:10:15,147 --> 00:10:17,513
Oxygen tanks
inside the house blew up.
229
00:10:17,583 --> 00:10:18,948
Let me show you.
230
00:10:19,885 --> 00:10:21,409
Mrs. Sawyer
had emphysema.
231
00:10:21,487 --> 00:10:23,148
She needed oxygen.
232
00:10:23,222 --> 00:10:24,655
There were a couple
of unused tanks
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00:10:24,724 --> 00:10:27,090
that had been stored
next to the furnace.
234
00:10:27,159 --> 00:10:30,492
Once the weather got cold,
the furnace fired up,
235
00:10:31,764 --> 00:10:34,358
these tanks got too hot
and exploded.
236
00:10:34,433 --> 00:10:36,731
Ripped a pretty nice hole
into the side of the house.
237
00:10:36,802 --> 00:10:38,667
Last time we saw
a hole like that,
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00:10:38,738 --> 00:10:40,968
it was on the side
of a plane.
239
00:10:41,307 --> 00:10:43,332
The lab said that
if an oxygen tank
240
00:10:43,409 --> 00:10:46,003
was placed
in the cargo hold
of a plane,
241
00:10:46,078 --> 00:10:48,012
it can be subjected
to temperature spikes,
242
00:10:48,080 --> 00:10:50,548
and if it exploded,
it can bring
the plane down.
243
00:10:50,616 --> 00:10:54,074
Was an oxygen tank
found in the debris
of Flight 33?
244
00:10:54,153 --> 00:10:57,020
No, but the debris field
covers a half a mile
of deep water.
245
00:10:57,089 --> 00:11:00,024
(KNOCKING ON DOOR)
I talked to Charlie's uncle
in Miami.
246
00:11:00,092 --> 00:11:01,889
Charlie's mother
was on holiday there
seven years ago.
247
00:11:01,961 --> 00:11:04,122
Her husband was flying
to join her when
plane went down.
248
00:11:04,196 --> 00:11:07,188
The uncle remembers her
asking her husband
to bring extra oxygen.
249
00:11:07,266 --> 00:11:10,758
So, Charlie's father
put an oxygen tank
in his luggage?
250
00:11:10,836 --> 00:11:13,202
No way to tell.
But Charlie might've
assumed he did
251
00:11:13,272 --> 00:11:15,968
when he saw what
an exploding tank did
to his mom's house.
252
00:11:16,042 --> 00:11:18,943
That could be the good news
that he had for PanWorld.
253
00:11:19,011 --> 00:11:21,536
An exploding tank would
rule out negligence
254
00:11:21,614 --> 00:11:22,842
as a cause of
the accident.
255
00:11:22,915 --> 00:11:24,815
And the airline would
be off the hook.
256
00:11:24,884 --> 00:11:26,681
And in turn
for a payoff,
257
00:11:26,752 --> 00:11:28,276
Charlie gives them
a defense.
258
00:11:28,354 --> 00:11:30,686
And the rest
of the plaintiffs
would be out of luck.
259
00:11:30,756 --> 00:11:34,021
Hey, Charlie had
an oxygen tank
with him in the diner,
260
00:11:34,093 --> 00:11:36,323
probably
for show-and-tell
at PanWorld.
261
00:11:36,395 --> 00:11:38,727
It was missing
from his car
after he got shot.
262
00:11:38,798 --> 00:11:43,167
Talk to his lawyer,
see if he's been in touch
with the other plaintiffs.
263
00:11:44,737 --> 00:11:45,999
I got to tell you guys,
264
00:11:46,072 --> 00:11:49,371
PanWorld's counsel is
the top aviation litigator
on the East Coast.
265
00:11:49,442 --> 00:11:51,433
If there was
an oxygen tank
in the cargo hold,
266
00:11:51,510 --> 00:11:52,909
they would've been all
over it years ago.
267
00:11:52,978 --> 00:11:55,276
We're not saying
Sawyer's theory
was true,
268
00:11:55,347 --> 00:11:57,372
just that somebody
thought it might be.
269
00:11:57,450 --> 00:11:59,577
And they killed him
before he could
tell PanWorld.
270
00:11:59,652 --> 00:12:01,517
"They" meaning who,
another plaintiff?
271
00:12:01,587 --> 00:12:03,145
Was Charlie in touch
with any of them?
272
00:12:03,289 --> 00:12:05,257
They have support groups,
websites.
273
00:12:05,324 --> 00:12:06,655
I can't keep track
of them.
274
00:12:06,726 --> 00:12:09,957
There are other lawyers
representing the families
of the other 50 victims.
275
00:12:10,029 --> 00:12:11,121
You might ask them.
276
00:12:11,197 --> 00:12:13,062
What about
among your plaintiffs?
277
00:12:13,132 --> 00:12:15,066
You mean as a suspect?
278
00:12:15,334 --> 00:12:17,632
Some of them
have criminal records,
279
00:12:17,703 --> 00:12:20,137
few others could use
anger management classes.
280
00:12:20,206 --> 00:12:21,798
Come by tomorrow,
I'll show you their files.
281
00:12:22,208 --> 00:12:25,336
Just for the drill,
where were you
Wednesday night?
282
00:12:25,411 --> 00:12:26,844
Our lieutenant would
want us to ask.
283
00:12:26,912 --> 00:12:29,244
Yeah, besides,
you do have
a financial stake
284
00:12:29,315 --> 00:12:31,681
in this, right?
If you win the suit?
285
00:12:31,751 --> 00:12:33,048
(CAR LOCK BEEPS OPEN)
286
00:12:33,319 --> 00:12:34,445
You're serious?
287
00:12:34,520 --> 00:12:38,012
You going to tell us
or you want to consult
with a lawyer, Counselor?
288
00:12:38,257 --> 00:12:40,418
Don't get hostile,
Detective.
289
00:12:41,160 --> 00:12:42,593
I was at home
Tuesday night
290
00:12:42,661 --> 00:12:44,686
and, yes,
I live alone.
291
00:12:45,197 --> 00:12:46,425
Call me tomorrow
if you want
292
00:12:46,499 --> 00:12:48,694
to take a look
at those files.
293
00:12:50,569 --> 00:12:52,730
He might as well
have told us
he has no alibi.
294
00:12:52,805 --> 00:12:54,363
I admit he's got
a financial motive.
295
00:12:54,440 --> 00:12:55,930
A third of
four hundred million?
296
00:12:56,008 --> 00:12:57,771
That's not a motive,
that's imperative.
297
00:12:57,843 --> 00:13:00,641
Yeah, but you saw
Winston's car,
light gray Beemer.
298
00:13:00,713 --> 00:13:03,409
Eyewitness saw
a dark colored SUV
leave the scene.
299
00:13:03,482 --> 00:13:04,642
You just don't
like lawyers.
300
00:13:04,717 --> 00:13:06,548
Nothing personal, Lupes,
all right?
301
00:13:06,619 --> 00:13:08,086
(CELL PHONE RINGING)
302
00:13:09,622 --> 00:13:12,614
Oh. Hey,
Winston had an arrest
303
00:13:12,691 --> 00:13:15,524
in Henryville,
Pennsylvania
last Wednesday.
304
00:13:16,128 --> 00:13:17,288
Day after Sawyer
was shot.
305
00:13:17,363 --> 00:13:19,923
Right, last Wednesday.
Arrested for what?
306
00:13:19,999 --> 00:13:22,627
Doesn't say.
The disposition
was sealed.
307
00:13:24,436 --> 00:13:26,700
If the record's sealed,
I don't have the authority
to open it.
308
00:13:26,772 --> 00:13:29,138
I'd be breaching my powers
as County Attorney.
309
00:13:29,208 --> 00:13:31,267
Ryan, that affidavit
you gave me yesterday?
310
00:13:31,343 --> 00:13:32,674
I need you
to do it over again,
311
00:13:32,745 --> 00:13:34,474
this time in English,
if you can manage it.
312
00:13:34,547 --> 00:13:35,673
Yes, sir,
Mr. Bainbridge.
313
00:13:35,748 --> 00:13:38,216
Please. Mr. Winston is
a murder suspect, sir.
314
00:13:38,284 --> 00:13:39,308
Sorry.
315
00:13:39,385 --> 00:13:40,909
You want a look
at that arrest
in Henryville,
316
00:13:40,986 --> 00:13:42,510
get an unsealing order
from a County Judge.
317
00:13:42,588 --> 00:13:44,351
They're in session
every other Friday.
318
00:13:44,423 --> 00:13:46,414
I need that affidavit
tomorrow morning, Ryan.
319
00:13:47,393 --> 00:13:49,793
Two weeks from now
is a long time.
320
00:13:51,063 --> 00:13:53,122
Who took a dump in
that guy's breakfast, huh?
321
00:13:53,299 --> 00:13:54,823
(CHUCKLES)
Bainbridge?
322
00:13:54,900 --> 00:13:57,061
Yeah, can't live with him,
can't shoot him.
323
00:13:57,269 --> 00:13:58,531
(LAUGHS)
324
00:13:58,637 --> 00:14:00,867
This is a pretty
tricked out patrol car.
What's it do?
325
00:14:01,373 --> 00:14:02,806
I got it up to
195 last week.
326
00:14:02,875 --> 00:14:03,933
BERNARD: No kidding.
327
00:14:04,009 --> 00:14:06,569
We don't have
anything like this
in New York City.
328
00:14:06,645 --> 00:14:08,408
If you're ever in town,
look us up.
329
00:14:08,480 --> 00:14:10,209
We'll take you out
for a steak at Sparks,
330
00:14:10,316 --> 00:14:12,341
show you where
they gunned down
Big Paul Castellano.
331
00:14:12,418 --> 00:14:14,716
Oh, yeah?
Okay if my husband
comes along?
332
00:14:15,054 --> 00:14:17,352
Oh, sure he can.
We're not jealous.
333
00:14:18,090 --> 00:14:19,387
Have a good one.
334
00:14:21,827 --> 00:14:23,260
Hey.
Yeah?
335
00:14:23,329 --> 00:14:25,058
That arrest
in Henryville?
Uh-huh.
336
00:14:25,130 --> 00:14:26,256
What's Winston's
first name?
337
00:14:26,332 --> 00:14:27,822
Martin.
It was last Wednesday.
338
00:14:27,900 --> 00:14:29,765
All right.
All right, promise me
339
00:14:29,835 --> 00:14:32,360
this does not
get back to Bainbridge.
340
00:14:34,607 --> 00:14:38,475
Okay, deputy responded
to a prowler call
at 0600 hours
341
00:14:38,544 --> 00:14:40,535
at the home of
Bernadette Sawyer.
342
00:14:40,613 --> 00:14:43,582
Arrested Martin Winston
for criminal trespass.
343
00:14:43,649 --> 00:14:44,673
Uh, hey,
344
00:14:45,017 --> 00:14:46,814
Winston might have
been making sure
345
00:14:46,886 --> 00:14:48,683
Sawyer didn't leave
anything behind
346
00:14:48,754 --> 00:14:51,348
connecting
the house explosion
with the plane crash.
347
00:14:51,423 --> 00:14:52,685
LUPO: What happened
after the arrest?
348
00:14:52,758 --> 00:14:54,658
The sheriff voided it
after confirming
349
00:14:54,727 --> 00:14:56,752
he was the...
the attorney.
350
00:14:57,529 --> 00:14:59,224
What's this about
a black Lexus?
351
00:15:00,032 --> 00:15:03,160
Well, the deputy
ran the vehicle
Winston was driving.
352
00:15:03,235 --> 00:15:04,896
It was a black Lexus SUV.
353
00:15:04,970 --> 00:15:07,165
Registered to
a James Hewitt,
354
00:15:07,306 --> 00:15:09,433
188 East 79th Street.
New York City.
355
00:15:10,709 --> 00:15:12,609
Same apartment building
as Winston.
356
00:15:12,678 --> 00:15:13,667
Thanks.
357
00:15:15,414 --> 00:15:17,473
LUPO: Are you friendly
with Marty Winston?
358
00:15:17,549 --> 00:15:18,982
Marty, down the hall?
Yeah, sure.
359
00:15:19,051 --> 00:15:21,986
Did you give him permission
to drive your Lexus
while you were out of town?
360
00:15:22,521 --> 00:15:24,421
The only thing Marty had
was permission
361
00:15:24,490 --> 00:15:26,583
to take my newspaper
while I was away.
362
00:15:26,892 --> 00:15:29,224
You mind if we look
at your car?
363
00:15:29,795 --> 00:15:32,355
I usually leave the key
with the guy out front.
364
00:15:32,431 --> 00:15:33,989
He keeps it
in a drawer.
365
00:15:34,066 --> 00:15:35,397
You mean the drawer
he keeps unlocked
366
00:15:35,467 --> 00:15:36,798
while he takes
a bathroom break?
367
00:15:36,869 --> 00:15:37,858
We saw that drawer.
368
00:15:37,937 --> 00:15:39,234
Have you driven the car
since you've been back?
369
00:15:39,305 --> 00:15:40,329
Yeah, yesterday.
370
00:15:40,406 --> 00:15:42,237
You notice anything
unusual inside?
371
00:15:42,308 --> 00:15:43,707
Uh, no.
372
00:15:43,776 --> 00:15:46,142
But the wiper
on the driver's side...
373
00:15:46,211 --> 00:15:47,542
I don't know,
it's not working.
374
00:15:47,947 --> 00:15:49,608
Let me see
your flashlight.
375
00:15:54,920 --> 00:15:56,410
Looks like there's
something jammed in here.
376
00:15:57,056 --> 00:15:58,489
Can I see
your pliers?
377
00:15:58,590 --> 00:16:00,581
Okay, hold that
right there.
378
00:16:08,534 --> 00:16:10,798
Looks like
a 9-milimeter shell casing.
379
00:16:15,607 --> 00:16:17,199
Mr. Winston.
380
00:16:17,576 --> 00:16:19,737
We're late for
a trial conference.
Make an appointment.
381
00:16:19,812 --> 00:16:21,211
Yeah. Hold on.
382
00:16:21,480 --> 00:16:23,539
You better have
a damn good reason
to put your hands on me.
383
00:16:23,615 --> 00:16:24,775
LUPO: How about this?
384
00:16:24,850 --> 00:16:26,784
You're under arrest
for the murder
of Charlie Sawyer.
385
00:16:27,519 --> 00:16:28,952
I want to see
an arrest warrant.
386
00:16:29,088 --> 00:16:31,181
Oh, my bad.
387
00:16:31,523 --> 00:16:32,956
I think I left it
in Henryville.
388
00:16:33,025 --> 00:16:35,323
By the way,
the sheriff says hi.
389
00:16:39,665 --> 00:16:41,656
CLERK:
Docket number 86947.
390
00:16:41,734 --> 00:16:44,100
"People v. Martin Winston.
Murder in the Second Degree."
391
00:16:44,169 --> 00:16:45,500
How does
the defendant plead?
392
00:16:45,571 --> 00:16:47,038
I'm not guilty,
Your Honor.
393
00:16:47,106 --> 00:16:48,698
And I'm appearing pro se.
394
00:16:48,974 --> 00:16:50,441
You're a lawyer?
A litigator.
395
00:16:50,542 --> 00:16:53,705
But I'm sure I can
master the intricacies
of Criminal Law.
396
00:16:53,779 --> 00:16:57,044
An ego's no substitute for
common sense, Counselor.
397
00:16:57,116 --> 00:16:59,676
But it's your funeral.
Bail, Ms. Rubirosa?
398
00:16:59,785 --> 00:17:00,774
The People seek remand.
399
00:17:00,853 --> 00:17:02,650
WINSTON: I'm not going
anywhere, Your Honor.
400
00:17:02,821 --> 00:17:05,585
I'm plaintiff's counsel
in the Flight 33 lawsuit.
401
00:17:05,724 --> 00:17:07,988
One of
the largest class actions
in the Southern District.
402
00:17:08,060 --> 00:17:09,891
I intend
to see that case
to the end.
403
00:17:09,962 --> 00:17:12,658
Your Honor,
Mr. Winston is
charged with killing
404
00:17:12,731 --> 00:17:14,255
one of his own clients
in that lawsuit.
405
00:17:14,333 --> 00:17:16,358
Hold on, Ms. Rubirosa.
406
00:17:16,435 --> 00:17:19,529
Flight 33. So, you're
that Martin Winston?
407
00:17:19,605 --> 00:17:20,902
Yes, Your Honor.
408
00:17:20,973 --> 00:17:24,409
And it would be
a tremendous disservice
to the aggrieved families
409
00:17:24,476 --> 00:17:26,205
if their lawyer
was denied bail
410
00:17:26,278 --> 00:17:27,870
and unable to
represent their interests.
411
00:17:30,816 --> 00:17:34,047
I agree. Bail is set
at one million dollars.
412
00:17:34,119 --> 00:17:35,177
That won't be a problem.
413
00:17:35,387 --> 00:17:36,820
One last thing,
Your Honor.
414
00:17:36,889 --> 00:17:39,881
I would ask the Court
to impose a gag order
on all parties
415
00:17:39,958 --> 00:17:42,358
and to close the courtroom
to the press and the public
416
00:17:42,428 --> 00:17:44,953
until these
ludicrous charges
have been disposed of.
417
00:17:45,030 --> 00:17:46,588
We have no objection
to a gag order,
418
00:17:46,665 --> 00:17:48,690
but closing a courtroom
violates the spirit
419
00:17:48,767 --> 00:17:50,359
of the First
and Sixth Amendments.
420
00:17:50,436 --> 00:17:53,667
The rights of
the Flight 33 families
take precedence.
421
00:17:53,739 --> 00:17:55,934
I don't want
the District Attorney's
vendetta against me
422
00:17:56,008 --> 00:17:58,568
to taint
a potential jury pool
in that case.
423
00:17:58,677 --> 00:18:00,508
It's overkill.
424
00:18:00,579 --> 00:18:02,945
Your Honor, there are
procedures in place
to ensure that the jury...
425
00:18:03,015 --> 00:18:06,041
No, Ms. Rubirosa,
Mr. Winston has a point.
426
00:18:06,218 --> 00:18:07,776
I'm going to
grant his motion.
427
00:18:07,853 --> 00:18:09,320
Next case.
(GAVEL BANGS)
428
00:18:11,990 --> 00:18:13,321
WINSTON:
First order of business.
429
00:18:13,926 --> 00:18:16,019
A financial
disclosure affidavits.
430
00:18:16,095 --> 00:18:17,687
I'm gonna need one
from each of you.
431
00:18:18,063 --> 00:18:19,997
If you own stock
in PanWorld Airlines,
432
00:18:20,065 --> 00:18:21,965
it's a conflict
of interest.
433
00:18:22,034 --> 00:18:23,865
This is all you can
come up with?
434
00:18:23,969 --> 00:18:28,167
You laying the foundation
for ineffective assistance
of counsel?
435
00:18:28,373 --> 00:18:31,274
I'm sure you're used
to steamrolling
over defense lawyers.
436
00:18:31,343 --> 00:18:33,402
That's not going to
happen this time.
437
00:18:33,479 --> 00:18:35,413
No doubt we have a lot
to learn
438
00:18:35,481 --> 00:18:37,574
from a tough litigator
like you.
439
00:18:37,649 --> 00:18:40,117
You're going to
learn something
about commitment.
440
00:18:40,185 --> 00:18:42,119
I eat only what I kill.
441
00:18:42,554 --> 00:18:44,249
Earnest
civil servants like you
442
00:18:44,323 --> 00:18:46,518
get paid no matter what,
win or lose.
443
00:18:46,592 --> 00:18:49,083
Now,
considering the evidence
we have against you,
444
00:18:49,161 --> 00:18:52,255
I suggest
you stop strutting
and start dealing.
445
00:18:52,331 --> 00:18:54,925
That brings me to
the second order
of business.
446
00:18:55,000 --> 00:18:58,492
Motion to suppress all
that damning evidence
against me.
447
00:18:59,671 --> 00:19:00,729
Pleasant dreams.
448
00:19:05,711 --> 00:19:08,202
We asked the County Attorney
to unseal the arrest record.
449
00:19:08,280 --> 00:19:10,942
He refused to do so
without a judicial order.
450
00:19:11,016 --> 00:19:13,143
Sheriff's deputy, Ryan,
overheard the conversation
451
00:19:13,218 --> 00:19:15,778
and volunteered to
access the record.
452
00:19:16,655 --> 00:19:19,783
It stated that
Mr. Winston had
been in possession
453
00:19:19,858 --> 00:19:21,826
of his neighbor's car.
454
00:19:21,894 --> 00:19:23,418
During a subsequent search
of that car,
455
00:19:23,495 --> 00:19:25,554
we found
a 9-milimeter shell casing
456
00:19:25,631 --> 00:19:27,428
that matched the casings
at the crime scene.
457
00:19:27,766 --> 00:19:29,358
Just to be clear,
Detective,
458
00:19:29,434 --> 00:19:32,164
did you ask Deputy Ryan
to access that record?
459
00:19:32,237 --> 00:19:33,363
LUPO: No, sir.
She volunteered.
460
00:19:33,438 --> 00:19:35,463
We didn't ask
or even suggest
that she do it.
461
00:19:35,541 --> 00:19:36,906
Thank you.
462
00:19:37,910 --> 00:19:39,537
(CLEARS THROAT)
463
00:19:40,479 --> 00:19:43,642
Detective,
were you aware
464
00:19:43,715 --> 00:19:45,615
that absent
a judicial order,
465
00:19:45,684 --> 00:19:48,949
Deputy Ryan didn't
have the authority
to access that record?
466
00:19:49,721 --> 00:19:50,915
I didn't know it
for a fact.
467
00:19:50,989 --> 00:19:52,684
In other words,
your gut told you
468
00:19:52,758 --> 00:19:54,589
that you she didn't
have the authority.
469
00:19:54,660 --> 00:19:56,560
LUPO: I acted
in good faith.
470
00:19:56,628 --> 00:19:59,222
Besides there were
exigent circumstances.
471
00:19:59,531 --> 00:20:00,725
Such as?
472
00:20:01,133 --> 00:20:03,397
We were concerned
the suspect might flee.
473
00:20:03,468 --> 00:20:04,560
Oh, you mean me?
474
00:20:04,636 --> 00:20:06,399
(SCOFFS)
Now why would I flee?
475
00:20:06,471 --> 00:20:08,496
I... I didn't even know
I was a suspect.
476
00:20:08,574 --> 00:20:11,042
Objection.
Counsel is testifying.
477
00:20:11,109 --> 00:20:12,576
I'll withdraw.
478
00:20:12,644 --> 00:20:17,604
Detective, you use
words like "exigent"
and "good faith",
479
00:20:17,683 --> 00:20:23,121
you wouldn't by chance
be a law student, would you?
480
00:20:25,490 --> 00:20:26,980
Yes.
I'm in first-year law.
481
00:20:27,059 --> 00:20:28,219
A first year
law student.
482
00:20:28,527 --> 00:20:31,826
Well, so,
then you're familiar
with People v. Binns?
483
00:20:33,365 --> 00:20:34,457
Binns?
484
00:20:34,533 --> 00:20:37,434
Yes, Binns.
Where a warrant
is necessary,
485
00:20:37,502 --> 00:20:40,130
the cops can't
enter a home
even if...
486
00:20:43,775 --> 00:20:45,766
Detective, even if...
487
00:20:45,844 --> 00:20:48,176
Your Honor,
this isn't a bar exam.
488
00:20:48,247 --> 00:20:50,010
WINSTON:
Even if the door
is wide open.
489
00:20:51,683 --> 00:20:53,674
Remember it now,
Detective?
490
00:20:54,186 --> 00:20:55,175
Okay.
491
00:20:55,721 --> 00:20:59,122
So, please tell the court
how People v. Binns
492
00:20:59,191 --> 00:21:02,456
just might apply
to this situation here
with Deputy Ryan.
493
00:21:03,195 --> 00:21:06,221
All right, all right,
Mr. Winston.
That's enough.
494
00:21:07,833 --> 00:21:09,698
Detective,
you're excused.
495
00:21:12,904 --> 00:21:16,271
Your Honor,
even though Deputy Ryan
opened the door for them,
496
00:21:16,341 --> 00:21:19,606
those detectives knew that
they needed a court order
to view those files.
497
00:21:19,678 --> 00:21:20,838
The evidence
in that file
498
00:21:20,912 --> 00:21:22,345
would inevitably
have been discovered
499
00:21:22,414 --> 00:21:24,575
once the detectives had
gotten a judicial order.
500
00:21:24,650 --> 00:21:27,949
Inevitable discovery can't
excuse illegal behavior.
501
00:21:28,287 --> 00:21:31,848
We should hold our
first-year law student
to a higher standard.
502
00:21:34,226 --> 00:21:36,023
Stand back,
the both of you.
503
00:21:36,094 --> 00:21:38,187
I'm ready
with my decision.
504
00:21:45,504 --> 00:21:49,338
Detective Lupo may have
convinced himself
505
00:21:49,408 --> 00:21:51,672
that looking
at the sealed file
506
00:21:51,743 --> 00:21:54,405
was within
the letter of the law.
507
00:21:54,646 --> 00:21:59,106
But he knew
that doing so,
violated its spirit.
508
00:21:59,584 --> 00:22:03,452
Therefore,
he did not have
good faith needed
509
00:22:03,522 --> 00:22:07,424
to overcome
the protection of
the Fourth Amendment.
510
00:22:08,560 --> 00:22:13,463
I am left
very unhappily
with no choice
511
00:22:13,532 --> 00:22:16,933
but to grant
Mr. Winston's motion
512
00:22:17,002 --> 00:22:20,369
to suppress both the car
and the shell casing.
513
00:22:21,106 --> 00:22:23,700
WINSTON: Your Honor,
I move for a dismissal
of all charges
514
00:22:23,775 --> 00:22:25,140
on the grounds
of insufficient evidence.
515
00:22:25,210 --> 00:22:27,508
The People
strenuously object.
516
00:22:29,348 --> 00:22:33,011
Do you have any
admissible evidence,
Mr. Cutter?
517
00:22:33,385 --> 00:22:38,015
No. But a dismissal for
insufficient evidence
triggers double jeopardy.
518
00:22:38,256 --> 00:22:40,281
And given this
extreme consequence,
519
00:22:40,359 --> 00:22:43,055
I request time to
submit further evidence.
520
00:22:43,228 --> 00:22:45,287
I have litigation
to attend to.
521
00:22:45,364 --> 00:22:49,061
I shouldn't have this case
hanging over my head
indefinitely.
522
00:22:49,368 --> 00:22:53,702
Mr. Winston,
you have gotten
obscenely lucky.
523
00:22:54,005 --> 00:22:55,632
Don't get greedy.
524
00:22:56,108 --> 00:22:58,235
I will give the People
three days
525
00:22:58,577 --> 00:23:01,478
to justify
the murder charge.
526
00:23:02,013 --> 00:23:06,074
Otherwise,
the motion to dismiss
will be granted.
527
00:23:06,785 --> 00:23:08,150
With prejudice.
528
00:23:08,787 --> 00:23:10,254
We are adjourned.
529
00:23:10,589 --> 00:23:11,886
(GAVEL BANGS)
530
00:23:14,659 --> 00:23:16,286
BERNARD:
Forensics' been through
the neighbor's car,
531
00:23:16,361 --> 00:23:18,192
there are no prints,
no DNA, no fibers,
532
00:23:18,263 --> 00:23:20,356
nothing to prove
that Winston used it.
533
00:23:20,432 --> 00:23:22,400
We checked
the security cams
near the crime scene.
534
00:23:22,467 --> 00:23:23,525
No sign of Winston.
535
00:23:23,602 --> 00:23:24,967
He walks free today,
we'll never get
536
00:23:25,036 --> 00:23:26,333
another shot at him
for this murder.
537
00:23:26,405 --> 00:23:29,863
We pulled his files
from the Bar Association
and the FBI.
538
00:23:29,941 --> 00:23:31,806
Look, we've shone
all manner of flashlights
539
00:23:31,877 --> 00:23:33,401
up this guy's butt.
He's clean.
540
00:23:33,478 --> 00:23:34,911
The FBI has a file
on him?
541
00:23:34,980 --> 00:23:36,743
They vetted him
when he was
a prosecution witness
542
00:23:36,815 --> 00:23:39,147
in the murder
of the first judge
in the PanWorld case.
543
00:23:39,217 --> 00:23:41,777
Look, if we
turn up anything,
we'll let you know.
544
00:23:41,853 --> 00:23:44,083
Right.
And, Detective,
545
00:23:45,457 --> 00:23:47,823
next time you're
on the stand,
don't try to play lawyer.
546
00:23:47,893 --> 00:23:49,417
You're not that good.
547
00:23:53,999 --> 00:23:56,866
What?
What did you say to me?
548
00:23:57,202 --> 00:23:58,669
You heard me.
549
00:24:00,505 --> 00:24:01,802
Yeah,
maybe a real lawyer
550
00:24:01,873 --> 00:24:03,033
wouldn't let me flap
in the wind
551
00:24:03,108 --> 00:24:04,234
while I was being
cross-examined.
552
00:24:04,309 --> 00:24:06,539
Maybe a real lawyer
would've shut Winston down.
553
00:24:06,611 --> 00:24:07,635
Hey, guys, come on.
It's your actions
554
00:24:07,712 --> 00:24:08,701
that put this case
in the crapper.
555
00:24:08,780 --> 00:24:10,407
You want to cut corners,
don't come crying afterwards.
556
00:24:10,549 --> 00:24:11,641
Mike!
557
00:24:12,184 --> 00:24:13,446
Lupes...
558
00:24:16,087 --> 00:24:17,816
Come on, man.
Let's go.
559
00:24:23,428 --> 00:24:24,622
You know better
than anyone
560
00:24:24,696 --> 00:24:26,323
that decision could've
gone either way.
561
00:24:26,531 --> 00:24:28,260
Yeah, yeah.
The murdered judge case?
562
00:24:28,333 --> 00:24:30,130
It was tried
in federal court.
563
00:24:30,202 --> 00:24:32,534
One of
the PanWorld plaintiffs,
one of Winston's clients,
564
00:24:32,604 --> 00:24:34,071
was convicted
of the crime.
565
00:24:34,139 --> 00:24:36,300
Winston was the main
witness against him.
566
00:24:36,374 --> 00:24:38,934
He testified against
his own client.
567
00:24:39,010 --> 00:24:41,171
Two murders come out
of the PanWorld case,
568
00:24:41,246 --> 00:24:44,010
and Winston has
a starring role in both
of them. Coincidence?
569
00:24:44,082 --> 00:24:45,071
Sure, why not.
570
00:24:45,150 --> 00:24:47,880
I've got to be
in Judge Lloyd's
chambers.
571
00:24:49,354 --> 00:24:51,788
If you can think of
something brilliant
for me to say,
572
00:24:51,857 --> 00:24:53,484
text me, will you?
573
00:24:55,460 --> 00:24:57,189
JUDGE LLOYD: Mr. Cutter,
you have no idea
574
00:24:57,295 --> 00:25:00,128
how disappointed I am
in your office.
575
00:25:00,899 --> 00:25:04,335
Your Honor,
if you must dismiss,
do it without prejudice.
576
00:25:04,402 --> 00:25:05,630
This isn't T-ball.
577
00:25:05,704 --> 00:25:07,103
You don't
get free swings.
578
00:25:07,339 --> 00:25:09,603
Mr. Winston,
you'll address
your remarks to me.
579
00:25:09,674 --> 00:25:12,768
Your Honor,
Mr. Cutter has nothing new
to support his indictments.
580
00:25:12,844 --> 00:25:14,311
If you don't dismiss
with prejudice,
581
00:25:14,379 --> 00:25:17,473
I'm walking
straight from here
to Appellate Court.
582
00:25:17,549 --> 00:25:19,949
He's right. I'd just
get reversed on appeal.
583
00:25:20,585 --> 00:25:23,315
The case is dismissed,
with prejudice.
584
00:25:23,388 --> 00:25:25,151
I want the record sealed
and a permanent gag order
585
00:25:25,223 --> 00:25:26,247
placed on the
District Attorney's Office.
586
00:25:26,324 --> 00:25:28,087
Your Honor, the public's right
to know is more important...
587
00:25:28,159 --> 00:25:30,389
WINSTON: Is outweighed
by the danger of prejudice
588
00:25:30,462 --> 00:25:31,520
to the PanWorld
plaintiffs.
589
00:25:31,596 --> 00:25:34,064
Maybe Mr. Winston would
like our help with
his PanWorld depositions,
590
00:25:34,132 --> 00:25:35,656
or maybe he'd like me
to handle his witness prep.
591
00:25:35,734 --> 00:25:37,395
Only if I needed grounds
for a claim
592
00:25:37,469 --> 00:25:39,096
of ineffective assistance
of counsel.
593
00:25:39,170 --> 00:25:40,797
Be quiet,
both of you.
594
00:25:40,872 --> 00:25:45,605
Your Honor, Mr. Winston's
sole motivation in
everything he's done
595
00:25:45,677 --> 00:25:48,407
is to safeguard his share
of the PanWorld payout.
596
00:25:48,480 --> 00:25:50,448
Everything else
is window-dressing.
597
00:25:50,515 --> 00:25:51,982
WINSTON: After I'm done
with PanWorld,
598
00:25:52,050 --> 00:25:53,415
I'm coming after you
for defamation.
599
00:25:53,485 --> 00:25:54,543
That's it.
600
00:25:54,719 --> 00:25:57,950
You're both in contempt.
$1,000 each.
601
00:25:58,023 --> 00:26:00,924
And you open your mouth,
I'm going to double it.
602
00:26:00,992 --> 00:26:04,189
Mr. Cutter,
the law here is clear.
603
00:26:05,096 --> 00:26:09,624
Mr. Winston,
your application for
a gag order is granted.
604
00:26:09,868 --> 00:26:11,699
The record is sealed.
605
00:26:12,604 --> 00:26:13,866
Go pay your fines.
606
00:26:17,208 --> 00:26:20,302
The PanWorld case was
assigned to Judge Davis,
607
00:26:20,378 --> 00:26:23,370
a hard-core
pro-business jurist.
608
00:26:23,448 --> 00:26:24,915
Winston thought
he'd soften up
609
00:26:24,983 --> 00:26:27,645
if some of
the grieving families
showed up in court.
610
00:26:27,719 --> 00:26:29,778
Let me guess.
It backfired.
611
00:26:30,221 --> 00:26:32,018
That's an understatement.
612
00:26:32,090 --> 00:26:35,457
Davis threatened
to toss the case
on summary judgment.
613
00:26:35,694 --> 00:26:37,958
Two nights later,
one of the plaintiffs,
Victor Cruz,
614
00:26:38,029 --> 00:26:40,497
shot him in the doorway
of his brownstone.
615
00:26:40,899 --> 00:26:42,230
What was your evidence
against Cruz?
616
00:26:42,367 --> 00:26:44,801
A cigarette butt.
His brand, his DNA
617
00:26:44,869 --> 00:26:46,496
was found in
the judge's doorway.
618
00:26:47,105 --> 00:26:48,732
That's strong
physical evidence.
619
00:26:48,807 --> 00:26:51,469
Yeah, coupled with
a strong motive
and a weak alibi.
620
00:26:51,543 --> 00:26:53,170
Not a tough case.
621
00:26:53,244 --> 00:26:56,702
Cruz's own lawyer testified
that he threatened
to kill Judge Davis.
622
00:26:56,815 --> 00:26:58,339
Marty Winston.
623
00:26:58,817 --> 00:27:00,751
You know, I'd like
to talk to Victor Cruz.
624
00:27:00,819 --> 00:27:01,843
Where do
they have him?
625
00:27:02,120 --> 00:27:04,111
In a cemetery in Queens.
626
00:27:04,990 --> 00:27:07,857
He was executed
for the murder
six months ago.
627
00:27:09,527 --> 00:27:10,926
Cruz's alibi
for the shooting
628
00:27:10,996 --> 00:27:12,486
was that he was
at a coffee shop
629
00:27:12,564 --> 00:27:15,192
waiting to
meet someone about
a job as a messenger.
630
00:27:15,266 --> 00:27:17,166
But no one there
remembered him,
631
00:27:17,235 --> 00:27:19,396
he didn't
remember the name of
the messenger company,
632
00:27:19,471 --> 00:27:22,440
and the coffee shop
was a block from
the judge's home.
633
00:27:22,507 --> 00:27:23,496
What was his defense?
634
00:27:23,575 --> 00:27:25,042
He swore
that he was framed,
635
00:27:25,110 --> 00:27:28,637
that somebody set up
a fake job interview
and planted the cigarette.
636
00:27:28,713 --> 00:27:31,443
And since Cruz
had priors
for check fraud,
637
00:27:31,516 --> 00:27:32,949
the prosecution
had a field day.
638
00:27:33,018 --> 00:27:34,815
Not to mention
Winston's testimony
639
00:27:34,886 --> 00:27:37,548
probably put the nail
in Cruz's coffin.
640
00:27:38,123 --> 00:27:39,215
(KNOCKING ON DOOR)
641
00:27:41,226 --> 00:27:42,989
Could you excuse us?
642
00:27:49,100 --> 00:27:51,364
You getting
enough sleep, Mike?
643
00:27:52,137 --> 00:27:53,900
Reaming out
police officers,
644
00:27:54,339 --> 00:27:57,968
screeching at
opposing counsel,
a contempt citation.
645
00:27:59,110 --> 00:28:00,543
You want a diplomat,
look elsewhere.
646
00:28:00,612 --> 00:28:02,102
You want to
get results...
647
00:28:02,180 --> 00:28:03,704
We aren't getting results,
are we?
648
00:28:07,385 --> 00:28:09,717
A murder case dismissed
with prejudice.
649
00:28:11,923 --> 00:28:13,083
Yeah.
650
00:28:13,158 --> 00:28:14,523
Tell me what you need,
Mike.
651
00:28:14,592 --> 00:28:17,618
A day off,
lighter caseload,
whatever it takes.
652
00:28:19,564 --> 00:28:22,192
I can't have you
flying off the handle.
653
00:28:30,508 --> 00:28:32,203
I get the message.
654
00:28:32,644 --> 00:28:33,872
Thanks.
655
00:28:34,879 --> 00:28:36,346
I'll be okay.
656
00:28:37,148 --> 00:28:38,911
This... This lawyer,
Winston,
657
00:28:38,983 --> 00:28:42,180
it's the adversarial system
gone haywire.
658
00:28:42,253 --> 00:28:45,120
Even if you have to kill,
win at all costs.
659
00:28:45,790 --> 00:28:48,156
Sounds like
somebody's evil twin.
660
00:28:50,028 --> 00:28:51,427
So, he gets away
with murder?
661
00:28:51,963 --> 00:28:53,453
Three murders.
662
00:28:54,365 --> 00:28:55,525
A judge?
663
00:28:55,600 --> 00:28:59,263
And the defendant
Winston helped send
to the death chamber.
664
00:29:00,705 --> 00:29:02,502
You have work to do.
665
00:29:14,219 --> 00:29:17,985
MARIA: Victor wanted
to be buried next
to his parents.
666
00:29:18,056 --> 00:29:20,616
They both died together
on Flight 33.
667
00:29:25,363 --> 00:29:27,388
Victor didn't kill
that judge.
668
00:29:27,732 --> 00:29:30,360
He never hurt anybody
in his whole life.
669
00:29:30,535 --> 00:29:32,799
Wasn't he angry
with Judge Davis?
670
00:29:32,871 --> 00:29:34,600
Sure. The judge
was being unfair.
671
00:29:34,672 --> 00:29:37,698
But Victor said
we had to trust
672
00:29:37,776 --> 00:29:41,576
that Mr. Winston
will get justice
from the airlines.
673
00:29:42,580 --> 00:29:43,911
How do you
explain the cigarette
674
00:29:43,982 --> 00:29:47,008
at the judge's house,
with your husband's DNA?
675
00:29:47,552 --> 00:29:49,383
(SIGHS) I don't know.
676
00:29:52,290 --> 00:29:56,226
I made Victor quit smoking
when Justin was born,
677
00:29:56,294 --> 00:30:00,060
but he still do it
sometimes, outside.
678
00:30:01,166 --> 00:30:02,929
At his trial,
he said sometimes
679
00:30:03,001 --> 00:30:05,367
he smoked
at Winston's office.
680
00:30:05,436 --> 00:30:09,065
Yeah, he'd get upset,
then Mr. Winston would
let him do it.
681
00:30:09,474 --> 00:30:13,274
Maybe somebody took
Victor's cigarette butts.
682
00:30:13,778 --> 00:30:15,177
Who would do that?
683
00:30:15,246 --> 00:30:16,736
I can't imagine who,
684
00:30:17,348 --> 00:30:20,215
but all the families were
in that office that week,
685
00:30:20,285 --> 00:30:22,446
and they were all mad
at the judge.
686
00:30:22,620 --> 00:30:25,680
Did you or Victor
ever suspect Winston?
687
00:30:25,924 --> 00:30:26,948
No.
688
00:30:28,059 --> 00:30:30,289
Mr. Winston treat us
like family.
689
00:30:30,361 --> 00:30:33,387
Every year, when it's
Justin's birthday,
690
00:30:33,464 --> 00:30:35,261
he sends $100.
691
00:30:35,934 --> 00:30:37,959
He doesn't have
to do that.
692
00:30:39,437 --> 00:30:43,601
Of course we investigated
this frame-up allegation.
693
00:30:43,675 --> 00:30:45,643
There's nothing to it.
694
00:30:45,777 --> 00:30:47,768
Cruz couldn't even
say who framed him.
695
00:30:47,846 --> 00:30:49,177
How about
Marty Winston?
696
00:30:49,247 --> 00:30:50,236
That's a good one.
697
00:30:50,315 --> 00:30:53,148
Cruz testified that
he sometimes smoked
at Winston's office.
698
00:30:53,218 --> 00:30:55,118
If you're so well versed
in the trial transcript,
699
00:30:55,186 --> 00:30:57,586
then you also know
that Winston
categorically denied
700
00:30:57,655 --> 00:30:59,452
that he ever
let anyone smoke
in his office.
701
00:30:59,524 --> 00:31:01,822
Mr. Tyler, you know what
we're saying makes sense.
702
00:31:01,893 --> 00:31:04,487
Winston had more to
gain by getting rid
of Judge Davis
703
00:31:04,562 --> 00:31:06,826
than Victor Cruz did
by a factor of 40...
704
00:31:06,898 --> 00:31:07,922
I'm not going there,
Mr. Cutter.
705
00:31:07,999 --> 00:31:09,364
You never found
a murder weapon,
706
00:31:09,434 --> 00:31:11,197
never connected Cruz
to any weapon,
707
00:31:11,269 --> 00:31:13,601
never found
a single eyewitness who
saw Cruz at the scene.
708
00:31:13,805 --> 00:31:15,534
Mr. Cutter...
The only person who said
709
00:31:15,607 --> 00:31:18,872
Cruz was
near the shooting
was Cruz himself.
710
00:31:19,477 --> 00:31:21,069
And why would he do that
if he was guilty?
711
00:31:21,179 --> 00:31:23,079
Play it out,
Mr. Cutter.
712
00:31:23,514 --> 00:31:25,141
"Members of the jury,
713
00:31:25,216 --> 00:31:28,310
"we already
executed someone
for this crime
714
00:31:28,386 --> 00:31:32,584
"but, now, we screwed up
and we'd like to
execute somebody else."
715
00:31:33,124 --> 00:31:34,682
It's pointless.
716
00:31:35,593 --> 00:31:38,585
I know Winston
hammered you
in court last week.
717
00:31:39,597 --> 00:31:42,361
Don't come in here
making it my problem.
718
00:31:42,433 --> 00:31:44,867
Anyone who stands
between Winston
and his payday,
719
00:31:44,936 --> 00:31:46,767
he kills,
that's his MO.
720
00:31:46,838 --> 00:31:49,671
Charlie Sawyer who
was giving PanWorld
a viable defense,
721
00:31:49,741 --> 00:31:51,732
Judge Davis
who was biased
toward the airline.
722
00:31:51,809 --> 00:31:53,504
You don't have to
convince me.
723
00:31:53,578 --> 00:31:56,376
But the FBI worked
the Davis murder when
everything was fresh.
724
00:31:56,447 --> 00:31:58,506
All hard evidence points
to Cruz.
725
00:31:58,750 --> 00:32:01,981
And even if we had
the Feds on board,
it's done, it's over.
726
00:32:04,122 --> 00:32:07,057
If I smoked,
what would I smoke?
727
00:32:09,127 --> 00:32:11,152
CUTTER: The office won't
pay the contempt fine.
728
00:32:11,529 --> 00:32:13,520
It has to come out
of my own pocket.
729
00:32:13,598 --> 00:32:15,463
You're here
for a loan?
730
00:32:15,600 --> 00:32:17,295
No, Mr. Winston.
731
00:32:17,669 --> 00:32:19,830
I wrote a letter
apologizing to
the judge
732
00:32:19,904 --> 00:32:22,065
and asking her
to reconsider.
733
00:32:22,373 --> 00:32:25,865
And I thought
it would be
more effective
734
00:32:25,944 --> 00:32:27,969
if it came
from both of us.
735
00:32:29,948 --> 00:32:32,041
I bet a thousand bucks
is a lot of money for you.
736
00:32:32,116 --> 00:32:35,677
Well, with what
they're paying earnest
civil servants these days.
737
00:32:37,355 --> 00:32:39,186
What the hell!
738
00:32:39,257 --> 00:32:41,851
As much
as I hate groveling
in front of judges.
739
00:32:41,926 --> 00:32:43,951
You'd better make a copy
for your files.
740
00:32:44,228 --> 00:32:48,130
Wanda, make two copies.
741
00:32:48,433 --> 00:32:49,627
Thanks.
742
00:32:50,535 --> 00:32:52,093
I don't mind telling you,
Mr. Winston,
743
00:32:52,170 --> 00:32:55,105
I got my wee-wee
slapped pretty hard
for botching your case.
744
00:32:55,173 --> 00:32:56,333
It really
wasn't your fault.
745
00:32:56,407 --> 00:32:57,704
It's those dumb cops.
746
00:32:57,976 --> 00:33:01,810
Sometimes I wonder if
the civil servant's salary
is worth it.
747
00:33:01,879 --> 00:33:03,244
You okay if I smoke?
748
00:33:03,481 --> 00:33:07,577
I quit ten years ago,
but I'm not self-righteous.
749
00:33:07,652 --> 00:33:08,641
Go ahead.
750
00:33:08,720 --> 00:33:10,551
I've already tried gum
and patches.
751
00:33:10,621 --> 00:33:12,521
Next stop, acupuncture.
752
00:33:15,560 --> 00:33:17,255
How's this case going?
753
00:33:17,328 --> 00:33:19,296
We finally got
a trial date set.
754
00:33:19,364 --> 00:33:22,822
I predict we'll settle
on the courthouse steps.
Mid-nine figures.
755
00:33:22,967 --> 00:33:24,127
What are you going to do
with all that money?
756
00:33:24,202 --> 00:33:26,033
Reupholster
the furniture?
757
00:33:26,104 --> 00:33:27,401
(LAUGHS)
758
00:33:27,472 --> 00:33:29,770
See the Woolworth
Building?
759
00:33:29,841 --> 00:33:32,241
A hedge fund used
to have the top floor.
760
00:33:32,310 --> 00:33:34,835
I'll be moving in
first of the year.
761
00:33:35,380 --> 00:33:36,540
So, this your new plan?
762
00:33:36,614 --> 00:33:38,445
Arresting him
for code violations?
763
00:33:38,516 --> 00:33:39,505
A little more
than that.
764
00:33:39,584 --> 00:33:41,848
During Cruz's murder trial,
his defense argued
765
00:33:41,919 --> 00:33:43,750
that he was allowed to
smoke in Winston's office
766
00:33:43,821 --> 00:33:46,221
and that someone there
could've picked up one
of his cigarette butts
767
00:33:46,290 --> 00:33:48,315
and planted it
at the judge's house.
768
00:33:48,393 --> 00:33:52,420
But when he was called
as a rebuttal witness,
he stated,
769
00:33:52,497 --> 00:33:56,900
"As an ex-smoker,
I don't allow anyone to smoke
in my office, ever."
770
00:33:57,001 --> 00:33:59,993
So, he perjured himself.
Where are you going
with this?
771
00:34:00,071 --> 00:34:01,470
CUTTER: Hopefully to
a murder trial.
772
00:34:01,539 --> 00:34:03,131
Whose murder?
Judge Davis?
773
00:34:03,207 --> 00:34:04,401
Victor Cruz.
774
00:34:04,475 --> 00:34:05,999
Winston's
false testimony led
775
00:34:06,077 --> 00:34:08,978
to Cruz's conviction
and death sentence.
776
00:34:09,414 --> 00:34:11,143
Murder by perjury?
777
00:34:11,482 --> 00:34:12,915
Is there
any case law on this?
778
00:34:13,151 --> 00:34:14,209
I haven't found any.
779
00:34:14,285 --> 00:34:16,651
I realize we'd be
taking a flyer.
780
00:34:20,992 --> 00:34:22,220
If you think it's
a waste of time...
781
00:34:22,293 --> 00:34:25,262
No, no. It's never
been done before.
782
00:34:25,963 --> 00:34:27,487
All the more reason
to try it.
783
00:34:28,599 --> 00:34:31,466
If we can't find new ways
to protect people
from murderers,
784
00:34:31,536 --> 00:34:34,164
what the hell
are we doing
in this job?
785
00:34:39,877 --> 00:34:42,368
We stipulate that
all the passengers died
in the crash,
786
00:34:42,447 --> 00:34:45,211
so graphic photos
of the victims have
no probative value.
787
00:34:45,283 --> 00:34:48,480
It's one thing to
hear about the suffering
these passengers endured
788
00:34:48,553 --> 00:34:51,386
due to
the airline's negligence,
it's another to see it.
789
00:34:54,025 --> 00:34:57,256
Detectives,
this warrant was ordered
by the State Supreme Court?
790
00:34:57,328 --> 00:34:58,488
Yes, sir.
791
00:34:58,963 --> 00:35:00,362
Do your job.
792
00:35:00,531 --> 00:35:02,260
Hey, Counselor,
you're under arrest
793
00:35:02,333 --> 00:35:04,392
for the murder
of Victor Cruz.
794
00:35:04,469 --> 00:35:07,131
You mean the Victor Cruz
who was executed by
the US government?
795
00:35:07,205 --> 00:35:08,604
Hell, yeah.
796
00:35:09,006 --> 00:35:10,871
Sorry, Your Honor.
797
00:35:12,443 --> 00:35:14,035
PHILLIPS:
Murder by perjury?
798
00:35:14,145 --> 00:35:16,477
What are you people
smoking up
in your office?
799
00:35:16,547 --> 00:35:20,108
Must be something good
if Winston retained
a lawyer this time.
800
00:35:20,184 --> 00:35:23,551
You're okay with
this half baked stunt,
Mr. McCoy?
801
00:35:23,621 --> 00:35:26,146
There's nothing wrong
with using a little
creative lawyering
802
00:35:26,224 --> 00:35:28,351
to lock up a man
who got away
with two murders.
803
00:35:28,426 --> 00:35:30,621
This is Mr. Cutter's
personal vendetta.
804
00:35:30,695 --> 00:35:33,789
He doesn't get
to use the D.A.'s office
to seek revenge.
805
00:35:33,865 --> 00:35:35,696
I decide who does what
with this office.
806
00:35:36,100 --> 00:35:38,295
I'm moving to
dismiss this nonsense.
807
00:35:38,536 --> 00:35:40,504
Better do a good job,
Mr. Phillips,
808
00:35:40,571 --> 00:35:42,835
or Winston might
kill you, too.
809
00:35:47,245 --> 00:35:50,544
This case should
be dismissed for
its sheer arrogance.
810
00:35:50,615 --> 00:35:54,142
Mr. Cutter does not get
to make laws up out
of whole cloth.
811
00:35:54,218 --> 00:35:56,152
The People's theory
tracks a statute
812
00:35:56,220 --> 00:35:58,450
that's been around
for 100 years.
813
00:35:58,523 --> 00:36:01,583
Mr. Winston's perjury
was a reckless act
814
00:36:01,659 --> 00:36:03,889
which created
a grave risk of death.
815
00:36:03,961 --> 00:36:06,953
Even if my client
shaded the truth,
816
00:36:07,031 --> 00:36:10,694
how could he anticipate
the jury would convict
Victor Cruz?
817
00:36:10,768 --> 00:36:12,099
That death
would be imposed,
818
00:36:12,170 --> 00:36:13,535
that all his appeals
would be denied?
819
00:36:13,604 --> 00:36:14,628
You counted on it.
820
00:36:14,705 --> 00:36:17,299
You took that to the Feds
and they laughed you out
of their office.
821
00:36:17,375 --> 00:36:18,808
Here we go again.
822
00:36:18,910 --> 00:36:21,470
Your Honor,
Mr. Winston is
an attorney.
823
00:36:21,546 --> 00:36:24,174
He knew his lies
would help convict Cruz
824
00:36:24,248 --> 00:36:26,375
for the murder
of a federal judge.
825
00:36:26,450 --> 00:36:30,284
He knew a conviction would
almost certainly result
in a death sentence.
826
00:36:30,354 --> 00:36:34,188
His lying evinced
a depraved indifference
to these realities.
827
00:36:34,258 --> 00:36:39,195
Mr. Cutter
assumes that the jurors relied
on Mr. Winston's testimony
828
00:36:39,263 --> 00:36:41,754
as a key factor
in their verdict.
829
00:36:41,933 --> 00:36:44,731
Then let's find out
if his assumption
is right.
830
00:36:46,370 --> 00:36:48,702
We were in deliberations
for six days.
831
00:36:48,773 --> 00:36:50,502
We had eight votes.
832
00:36:50,575 --> 00:36:53,203
Half the jurors believed
Mr. Cruz's claim
833
00:36:53,277 --> 00:36:55,040
that he was framed
was plausible.
834
00:36:55,112 --> 00:36:57,637
What changed their mind,
Ms. Palina?
835
00:36:59,016 --> 00:37:00,881
Mr. Winston's testimony.
836
00:37:01,385 --> 00:37:04,081
What specifically
about his testimony?
837
00:37:04,722 --> 00:37:05,746
(SIGHS)
838
00:37:05,823 --> 00:37:08,758
Mr. Cruz said he smoked
in Mr. Winston's office.
839
00:37:08,826 --> 00:37:11,021
Mr. Winston said
it wasn't the truth.
840
00:37:11,095 --> 00:37:12,619
We all thought
if Mr. Cruz could lie
841
00:37:12,697 --> 00:37:13,721
about something
so little,
842
00:37:13,798 --> 00:37:14,856
he could lie
about everything.
843
00:37:14,932 --> 00:37:17,162
Did it ever occur to
any of the jurors
844
00:37:17,235 --> 00:37:19,829
that it was Mr. Winston
who was lying?
845
00:37:20,271 --> 00:37:21,295
No.
846
00:37:21,572 --> 00:37:23,870
He was
representing Mr. Cruz
on that lawsuit,
847
00:37:23,941 --> 00:37:26,876
and he seemed
to really care about
Mr. Cruz and his family.
848
00:37:27,278 --> 00:37:28,711
And when he testified,
849
00:37:28,779 --> 00:37:30,508
you could tell
it was difficult for him
850
00:37:30,581 --> 00:37:32,708
going against
his own client.
851
00:37:32,984 --> 00:37:34,645
Mr. Cutter,
if you please.
852
00:37:34,719 --> 00:37:37,950
Ms. Palina,
are you telling us
853
00:37:38,155 --> 00:37:42,421
that if Mr. Winston
had corroborated
Mr. Cruz's testimony,
854
00:37:42,493 --> 00:37:46,486
that he did indeed
allow people to
smoke in his office,
855
00:37:47,465 --> 00:37:49,956
that you would not
have convicted Mr. Cruz?
856
00:37:50,034 --> 00:37:53,800
Objection, Your Honor,
you're putting words
in her mouth.
857
00:37:53,871 --> 00:37:55,429
Sit down.
(WHISPERING) You can't
let her do that.
858
00:37:56,874 --> 00:37:58,967
Answer the question,
please.
859
00:38:00,745 --> 00:38:02,872
If Mr. Winston
had said that,
860
00:38:03,414 --> 00:38:07,043
I would have had
a reasonable doubt
about Mr. Cruz's guilt.
861
00:38:07,818 --> 00:38:10,048
I wish he had said it,
Your Honor.
862
00:38:10,121 --> 00:38:12,112
Even though
we followed the law,
863
00:38:12,189 --> 00:38:14,487
I can't seem to forget
we sent a man to die.
864
00:38:16,160 --> 00:38:17,559
(SOBBING)
865
00:38:19,030 --> 00:38:22,625
It appears that the People
can make a viable case that,
866
00:38:22,700 --> 00:38:25,931
but for the false
testimony rendered
867
00:38:26,003 --> 00:38:28,870
by the defendant,
Martin Winston,
868
00:38:29,807 --> 00:38:33,937
Victor Cruz would have
been acquitted and
would be alive today.
869
00:38:34,945 --> 00:38:39,348
I therefore deny
Mr. Winston's motion
to dismiss.
870
00:38:39,417 --> 00:38:41,476
In that case,
we ask that his bail
be revoked
871
00:38:41,552 --> 00:38:42,849
and that
he be remanded.
872
00:38:42,920 --> 00:38:44,444
That's pure
vindictiveness.
873
00:38:44,522 --> 00:38:47,685
History indicates
that the defendant
won't flee.
874
00:38:47,758 --> 00:38:49,555
He'll remain out on bail.
875
00:38:50,528 --> 00:38:54,464
My clerk will set the date
for Mr. Winston's trial
876
00:38:54,532 --> 00:38:57,558
for the murder
of Victor Cruz.
877
00:38:58,202 --> 00:38:59,294
(GAVEL BANGS)
878
00:39:05,276 --> 00:39:07,335
You're not
a good enough lawyer
to pull this off.
879
00:39:07,712 --> 00:39:10,613
I hope you haven't
put a down payment on
that penthouse office.
880
00:39:10,915 --> 00:39:12,007
Don't you worry
about that.
881
00:39:12,083 --> 00:39:13,641
PanWorld's ready
to make an offer.
882
00:39:13,718 --> 00:39:16,380
I'll have
the check cashed before
this ever goes to trial.
883
00:39:16,454 --> 00:39:18,183
Don't be so sure.
884
00:39:18,255 --> 00:39:20,223
Ms. Rubirosa is
filing a complaint
885
00:39:20,291 --> 00:39:22,350
with the Grievance Committee
as we speak.
886
00:39:22,426 --> 00:39:24,621
We're seeking to
have you removed
immediately
887
00:39:24,695 --> 00:39:26,458
from the PanWorld
litigation.
888
00:39:26,697 --> 00:39:28,597
You don't have standing
to do that.
889
00:39:28,833 --> 00:39:30,926
But Victor Cruz's
wife does.
890
00:39:38,676 --> 00:39:41,440
The evidence supports
an indictment against you
891
00:39:41,512 --> 00:39:44,174
for the murder
of Charles Sawyer.
892
00:39:44,749 --> 00:39:46,239
We also find
reasonable cause
893
00:39:46,317 --> 00:39:48,581
to believe
you perjured yourself
894
00:39:48,652 --> 00:39:50,449
to frame one
of your own clients
895
00:39:50,521 --> 00:39:53,046
for the murder
of Judge Henry Davis,
896
00:39:53,124 --> 00:39:56,457
a murder you must now
be suspected of
having committed
897
00:39:56,527 --> 00:39:59,325
to influence the outcome
of the PanWorld litigation.
898
00:39:59,397 --> 00:40:00,887
The Committee
can't believe...
899
00:40:00,965 --> 00:40:02,796
Let me finish,
Mr. Winston.
900
00:40:04,468 --> 00:40:07,562
Whether you're guilty or not
is for a court to decide.
901
00:40:08,005 --> 00:40:09,438
Nothing has been proven.
902
00:40:09,507 --> 00:40:11,873
Our standard of proof
is not the same
as a criminal court.
903
00:40:11,942 --> 00:40:13,375
But the Committee has
to allow me
904
00:40:13,444 --> 00:40:14,968
to continue
my representation
905
00:40:15,045 --> 00:40:18,412
until the unlikely event
that I'm actually convicted
of something.
906
00:40:18,482 --> 00:40:21,610
Convicted or not,
you manipulated
the legal system
907
00:40:21,685 --> 00:40:23,915
with lies
and, apparently, murders.
908
00:40:24,221 --> 00:40:26,746
I worked on PanWorld
for seven years.
909
00:40:26,924 --> 00:40:30,451
I'm at least entitled
to payment for
actual hours billed.
910
00:40:31,295 --> 00:40:33,525
You took the case
on contingency.
911
00:40:33,597 --> 00:40:35,462
There was never
a payment guarantee.
912
00:40:35,533 --> 00:40:39,526
You cannot be serious.
I put everything
into this case.
913
00:40:39,603 --> 00:40:42,265
Besides disqualifying you
as counsel,
914
00:40:42,339 --> 00:40:44,170
we're also
prohibiting you
from receiving
915
00:40:44,241 --> 00:40:46,641
any compensation
derived from this case.
916
00:40:46,710 --> 00:40:50,111
This is a sham!
You can't do this!
917
00:40:50,548 --> 00:40:52,072
Where's the fairness?
918
00:40:52,149 --> 00:40:54,447
You are stealing
from me!
919
00:40:54,552 --> 00:40:56,850
Shame!
Shame on all of you!
920
00:40:59,623 --> 00:41:00,612
(DOOR SLAMS CLOSED)
921
00:41:02,426 --> 00:41:04,860
I'll catch up with you
downstairs.
922
00:41:05,796 --> 00:41:07,195
You happy now?
923
00:41:10,000 --> 00:41:11,934
You went after
my money.
924
00:41:12,203 --> 00:41:14,671
My money.
It had nothing to do
with your job.
925
00:41:14,972 --> 00:41:16,872
Don't worry about money,
Mr. Winston,
926
00:41:16,941 --> 00:41:19,102
I'll send you $100
on your birthday.
927
00:41:19,510 --> 00:41:22,070
You can use it
at the prison canteen.
928
00:41:34,124 --> 00:41:35,523
Look how he's walking.
929
00:41:38,796 --> 00:41:40,127
PanWorld was
my whole life.
930
00:41:40,197 --> 00:41:41,221
We can talk outside.
931
00:41:41,298 --> 00:41:42,788
(GUN COCKING)
Talk to this.
932
00:41:43,133 --> 00:41:44,259
Get down!
933
00:41:45,302 --> 00:41:46,929
Drop it!
Get down!
934
00:41:47,204 --> 00:41:48,262
Give me...
935
00:41:49,807 --> 00:41:50,899
You okay?
936
00:41:51,542 --> 00:41:52,941
I think so.
937
00:41:53,844 --> 00:41:55,175
Thank you.
938
00:41:56,046 --> 00:41:57,206
Sure.
939
00:41:57,948 --> 00:41:59,040
Don't move.
940
00:41:59,917 --> 00:42:01,942
Let's get you
out of here.
941
00:42:05,189 --> 00:42:08,124
JACK: The men's room.
Would've made for some
942
00:42:08,192 --> 00:42:10,956
pretty ignoble
crime scene photos.
943
00:42:11,028 --> 00:42:14,225
Another reason to
be grateful to
Lupo and Bernard.
944
00:42:18,435 --> 00:42:20,995
Here's to
earnest civil servants.
945
00:01:45,000 --> 00:01:49,000
Ripped & Corrected By mstoll
946
00:42:22,000 --> 00:42:26,000
Ripped & Corrected By mstoll