Law & Order (1990–2010): Season 16, Episode 3 - Law & Order - full transcript

A deathbed confession reopens one of Fontana's old murder cases involving a young model, one in which he believed that the father was the killer. Branch and the father want the case to go away, but McCoy is bent on going to trial.

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In the criminal justice system

the people are represented by two
separate yet equally important groups,

the police who investigate crime

and the district attorneys
who prosecute the offenders.

These are their stories.

I'm standing at the bar,
ordering a Red Bull and vodka,

and there he was, 10 feet away.

You're kidding!

You know, I hadn't seen
him in five years.

So, what happened?

I said hi, gave him a
kiss on the cheek,



and he called me
a selfish whore.

Seriously?

Some people just can't forgive.

Guess not.

Then again, you did
screw his best friend.

Okay.

Keep your mouth shut
and give me your cash.

Now.

I said now!

Please don't shoot.

Go, go!

Police! Freeze!

10-13! 10-13! Officer shot.

Corner of 23rd and 10th!



Name's Dan Flood. Career punk.

Is he gonna live?

They called the priest
10 minutes ago.

What about our guy, Herlihy?

Looks like the Irish bastard's
going to make it, thank God.

We were hoping
you'd give us a statement

before you bid us all farewell.

You know, let me make it easier.

Dan, did you shoot
a cop tonight?

And before that, you robbed
two ladies on Eighth Avenue?

Anything?

That's it.

All right.

I killed Sara Dolan.

Excuse me?

Me and Johnny.

We raped her,

killed her.

What did you just say?

Hail Mary, full of grace,
the Lord is with thee...

You and Johnny raped
and killed Sara Dolan?

Is that what you just said?

Holy Mary, Mother of God,
pray for our souls...

Johnny who?

And if you killed her,

where is the body?

Upstairs? Downstairs?
In the basement?

And how did you kill her?

Did you punch her? Did you
throw her up against the wall?

It was 10 years ago...

Joe?

Joe, you all right?

I'm all right.

I just don't like punks like
this lying about murders

that they didn't commit.

I worked on the Sara Dolan
case for two years.

This guy did not kill her.

Well, that's a strange thing to
admit to, if you didn't do it.

Sara Dolan was a beautiful kid.

Just turned 12-years-old.

Couldn't go five minutes
without reading about her.

Or her million-dollar
modeling contract.

So, you still think
the father did it?

There was no forced entry.

He was the last person
to see her alive

and the first person
to find her dead,

with no real alibi.

And there was evidence
of sexual abuse?

No DNA. But strong
physical evidence.

So why no arrest?

Well, according to the
District Attorney's Office,

there was no probable cause.

So you think Flood's
deathbed admission is a lie?

Absolutely.

Well, check it out anyway.
Run Flood's priors.

See if the name
Johnny pops up anywhere.

Mr. Flood.

I'm afraid we have
some bad news.

What, Steinbrenner didn't accept
my bid to buy the Yankees?

Sir, it's about your son, Dan.

He was killed in a shoot-out with
a New York City police officer.

Anything else?

Uh, well, his body's at the Medical
Examiner's Office on First Avenue,

if you want to
make arrangements.

What happens,
you know, if I don't?

Well, we'll bury him
in Potter's Field.

Do I have to pay for that?

No.

Then leave him where he is.

Putting him in a suit and tie
ain't going to change nothing.

Did your son have
a friend named Johnny?

Johnny?

Only kid I can think of
is Johnny Zona.

They ran around
together in high school.

This Johnny, a pretty good kid?

Not if he hung around
with Danny.

Anything else?

Johnny Zona's rap sheet.

He's not exactly
a Sunday School teacher.

Armed robbery, grand
larceny, drug possession.

Look at that. Did five
years in Green Haven.

Beat up a 16-year-old girl.
Broke her nose and her jaw.

Real tough guy.

I'm calling his parole officer,
see if I can get an address.

What's up, guys? Getting ready
for the PBA golf outing?

We're here to talk
about Dan Flood.

Okay.

So you know him?

Yeah. What did he do?

Now, why do you ask that?

Same reason I would say
two plus two is four.

Do you know someone
named Sara Dolan?

No. I don't think so anyway.

That's not what
your pal Flood says.

What are you talking about?

He says you knew her.

Knew her?

Actually, he said you
raped her and killed her.

He can say I'm the King of
England, doesn't mean it's true.

Well, if he says so on
his deathbed, it does.

He died this morning.

People don't just offer
up lies before they die, man.

That ain't how it works.

I agree.

So Flood was telling the truth?

I didn't say that.

You have no idea
why he'd say that

you raped and killed
this little kid?

None. On my mother.

He was pretty vivid
in his description.

He said that you raped her and
then you smashed her head in?

And then he tried to stop you, but
you were all whacked out on crack?

What else did he say,
that I killed John Lennon?

Don't get smart.

Now, Flood's dead.

That puts you in
the driver's seat,

so whatever you say went down,
that's what went down.

Now, if Flood was the one that
killed and raped this little girl,

and you were just along
for the ride,

maybe we could
work something out.

Am I under arrest?

No.

Call me when you have more and I'll
consider re-opening the grand jury.

But keep this quiet. We don't need the
press calling us stupid just yet.

At least, until we know
we really are stupid.

Or right.

So the father was
the only real suspect?

To me.

What did your partner,
Salone, think?

He liked him better than I did.

Talked about it
until the day he died.

So why couldn't
you all make a case?

Like I said.

We had no probable cause.

Well, what did you have?

A lot of little things.

Like what?

The father finds her
in the maid's room.

But rather than call the police,

he cleans the body

and he carries her
into another room,

where he lays her on the floor.

Not a couch, not a rug,

the floor.

What kind of father lays his
dead daughter on a cold floor?

So, did you think he was trying
to contaminate the crime scene?

Not at first.

But when a fancy defense lawyer
shows up 10 minutes later,

I started doing the math.

That's how rich guys think.

Soon as something goes wrong,
you immediately call a lawyer.

Not when you're innocent.

And not when
it's your own daughter.

You got to see this.

When I stepped into the house

I sensed something was wrong.

Don't know why. I just did.

Iran down the hall,

calling her name,
opening door after door.

Then I went
into the maid's room.

Turned on the light.

And there she was.

My daughter.

On the floor.

So?

My daughter, her, she.

He never once said
the name Sara.

Well, maybe he just couldn't
bring himself to say it?

Or maybe he just killed her.

Dan Flood's on
the interview list.

The only thing that
I can think of.

Dolan had his brownstone renovated
two months before the murder.

We talked to all the construction
guys, electricians, plumbers...

You're telling me that

there's a chance that Flood
actually worked in Dolan's house?

Possible.

You remember a
kid name of Danny Flood,

worked for you
maybe 10 years ago?

I don't remember what
I had for breakfast.

Stevey.

You know a kid named Flood?

- Uh, Danny Flood?
- Yeah, that's him.

Yeah. Worked for us,
like, three months.

What happened?

I fired him for clipping a sawbuck
off a client's coffee table.

You remember the client?

Yeah. Rob Dolan.

That rich stockbroker guy who
killed his daughter, the model.

And you're sure about that? You're
absolutely sure about that?

Yeah. But what I
remember most though?

The wife.

Beyond hot. I mean ridiculous.

She was good-looking. No doubt.

Yeah. Allergic to bras, too.

She walked around in
these tank tops all day.

All right. Thanks, gents.

Yeah, sure.

So, maybe Flood took more than
$10 off of that coffee table?

Like a key?

Well, that would explain why
there was no forced entry.

I don't know. Maybe, maybe.

Joe.

The dude admits
to a murder like,

20 seconds before he dies.

He worked at the victim's house.

Not to mention he's got a rap sheet
from here to Coney Island. I mean...

So what are you saying?

I'm just saying that you seem to
be rooting against the facts.

I mean, if you want to get
somebody else on this case.

Now, look, I've been wrong
before, believe me.

So you're good?

You can carry on?

I have to do it. I don't
really have a choice.

I have to know.

It ain't exactly
67th and Madison.

Mr. Dolan?

Yes.

I'm Detective Green.
This is my partner...

Detective Fontana. I know.

We came to say that we have
a new lead in Sara's case.

A new lead?

What does that mean?

We're investigating
a man who we think

may have been involved
in her murder.

That's good timing.

It's only been what, a decade?

Rob?

Everything okay?

Everything's fine, sweetie.
Really.

We just had
some information that

we wanted to share with you.

Credible information
about Sara's case.

As a courtesy.

A courtesy?

Is that a joke?

I had to get a court order
to bury my own damn daughter.

Courtesy?

Here.

Here's my courtesy.

So, how did Dolan take the news?

Not bad.

Be straight with me, guys.

Can we make a case
out of this or not?

Well, I think so.

Fontana?

Definitely.

Okay, then. Keep at it.

Why don't you talk to
Zona's prison buddies,

see if they know anything.

We lived in the same cell together
but that don't mean we were friends.

What was the problem?

I don't like punks
who beat up girls.

We're not too crazy
about them either.

Listen, did Zona ever
talk about his past?

You know, brag about
any murders or anything?

No. He knew better than
to play bad-ass with me.

I'd have kicked his head in.

Did he get roughed up a lot?

Yeah.

Until he found some black
dude to look after him.

To "look after him?"

Exactly. Became homeboy's
personal Maytag.

If you know what I mean.

We get the point.

You remember homeboy's name?

Did Johnny Zona ever mention
the name Sara Dolan to you?

No.

Did he say he ever
killed anyone?

Uh-uh.

You sure about that?

Positive.

Look, Kenny.

You're not gonna get out of here
until the day that you die.

There's no way around that.
So...

I'm proposing

that you make the best
out of this situation.

What do you suggest? That I
hire a feng shui master?

No, I'm suggesting
that you work with us

and we can hook you up
with some extra privileges.

A better job,
some more visitations.

Assuming that you can remember

something that your boy
Johnny said about a murder.

I want a private cell and a TV.

We'll talk to the warden.

He was in a bad mood one day.

Real depressed.

So we started talking
and he told me that he

murdered a little rich girl.

Did he mention her name,

where it happened,
when it happened?

Who he was with?

No. He just said
he messed up real bad

a long time ago
when he was using

and that he strangled
a young girl.

Strangled?

That's what he said.

Says right here the cause of
death was blunt force trauma.

Not strangulation.

M.E.s don't make mistakes?

You asking me
to exhume the body?

Lam.

Will the parents consent?

Not a chance in hell.

Section 4210 of
the Health Code provides

that the District Attorney
can exhume a body

in the course of a criminal
investigation, if necessary.

An autopsy was conducted
10 years ago, right?

Yes. But we have a witness
who claims that Mr. Zona,

the primary suspect,

confessed to strangling
a young girl.

This is absurd,

Your Honor. There is no
substantive evidence here.

We're talking about
a vague statement

of a man serving a life
sentence for multiple murders.

To dig up Sara's corpse

in furtherance of a whim
is unconscionable.

The District Attorney has
broad latitude in determining

when disinterment is necessary
to ascertain cause of death.

There has to be
a substantial reason,

or a compelling
public necessity.

Sounds like a pretty substantial
reason to me, Mr. Goidell.

So you're just
gonna let the police

ruin my client's lives
all over again?

I understand the obvious
pain this will cause,

but I don't have a choice.

Was your daughter murdered,
Your Honor?

Excuse me?

I'm just trying to clarify what you
said about understanding my pain.

How the hell can you understand

what my family's endured,

unless you've been falsely accused
of raping and killing your daughter?

I apologize.

Poor word choice.

Nonetheless, my order stands.

The body may be exhumed.

I reviewed the
original autopsy report,

photos, and tissue slides.

There was so much edema and
hemorrhage in the brain,

he probably didn't even
consider strangulation.

Especially since there was
barely any external bruising

and the hyoid bone was intact.

And you're sure that she was strangled
even though there were no marks?

Positive.

The petechial hemorrhaging
in the brain plus

that brown bruise
equals strangulation.

It is good news.
We just need more.

McCoy wants a slam dunk.

And I want a beach
house in Southampton.

Yeah, and I want to
keep my damn job.

If this case
falls apart at trial,

somebody's going to Pa}!-

And it ain't going to be me.
I promise.

Okay. We'll keep nosing around.

Talk to Zona's family.

If he talked to a prison buddy,

he probably talked to his mama.

Just follow the facts.

What does that mean?

Look, I think I know
what you're going through.

All I'm saying is,

just follow the facts.

Johnny lost his way a few
years after his father died.

Took it real tough.

Well, it's not easy when you lose
a parent at such a young age.

Yeah, but you can't go on bitching about
it for the rest of your life either.

Truth is, things would
have been much better

if my oldest son, Nick,
would've found his father.

He's much smarter. He's tougher.

When was the last time
you saw Johnny?

Years ago.

Before he went to prison.

Did he ever mention
a girl named Sara Dolan?

No.

But look, I apologize if
Johnny's done something wrong.

But it's not my fault.

He's his own man.

And where can we find Nick,
Johnny's brother?

In Brooklyn.

Runs a sandwich shop
called Café Zona.

You Nick? Who's asking?

Johnny?

What did he do?

Killed a 12-year-old girl.

What? Sara Dolan.

Do you remember her?

You think Johnny...?

We have fingerprints
and DNA. He did it.

So why you talking to me?

We're just doing our job.
Double-checking a few things.

Hello? Yeah, hold on. It's the Lieutenant.
I'll be right back.

What kind of food
do you sell here?

Italian mostly.

But clean, you know.
No heavy sauces.

Sort of Italian-Californian.

Californian? Very fancy.

Yeah. And I've never been
west of Jersey City.

So how are you doing?
How's business?

Well, not too bad, considering
we can't sell booze.

That's where the action is.

My cousin Louie has a
joint back in Chicago.

He told me that 68% of
his business is liquor.

You see what I'm saying.
Absolutely.

So Johnny never mentioned
this Sara Dolan thing?

No. We're not that close.

You're his brother. His blood.

If you could see
what he did to that kid.

Rape, sodomy.

Listen, Detective,

I'm a businessman.

This Boy Scout do-the-right-thing
crap doesn't really play for me.

It doesn't work for me, either.

So what do you say
we start all over again?

Zona's brother
is willing to testify

that he confessed
to killing Sara Dolan?

Yes, he is.

And you believe him?

Yes, I do. He seems
like a decent guy.

Record?

He did two months for an
assault charge nine years ago.

Assault?

I thought he was a decent guy.

He beat up some two-bit
dealers who were trying

to hustle him
for his brother's debts.

And our other credible witness

is serving a life sentence
in Green Haven?

It's not a slam dunk.
But it's solid.

Arrest him.

A ten-year-old case,

no eyewitnesses and
no physical evidence.

Other than that
it's a great case.

It better be. Because this office
can't afford to look dumb twice.

I know.

The press is gonna crucify
us regardless of what we do.

The price of doing business
when you make a mistake.

The problem is, Jack, I
didn't make the mistake.

What's your point?

I don't like picking up the tab

unless I've had
a few bourbons myself.

I know it's an election year.

I'm not gonna take the fall
for a 10-year-old debacle.

So if you indict this punk Zona,

make sure you could win.

I'll do my best.

Not the right answer.

I understand the delicacy of
your situation, Arthur,

but I have an obligation
with regard to Sara Dolan.

Noble sentiments, Jack.

But I don't think
you're listening to me.

I'll win the case!

See. That wasn't so hard.

Is it true that the
Dolan family asked you to refrain

from prosecuting this case?

I'm not going to discuss

the contents of any
private conversations.

As for prosecuting the case,

I have an obligation
with regard to Sara Dolan

to do everything that I can
to make sure the monster

that killed this
beautiful little girl

spends the rest
of his life in prison.

Do you think your decision
to prosecute

had anything to do
with Mrs. Dolan's death?

I was not aware
she had passed away.

She died early this morning.

I'm sorry to hear that.

It's pretty ironic that she died

the day after you indicted
Johnny Zona, don't you think?

I'm not gonna comment on that.

Did you apologize to Rob
Dolan for ruining his life?

Thank you all for coming.

Motion to suppress Zona's
jailhouse confession.

Based on what?

The fact that Kenny Mohammed
is a Muslim cleric.

You're kidding? That's what
they're claiming anyway.

Is it credible?

It's not preposterous.

I'll cancel my date.

You sure?

He's kind of annoying anyway.

He is an ordained cleric.

From an internet ministry.

Send us $85 and you too can be

a priest, a cleric,
or a reverend.

Mr. Mohammed is serving
life sentence.

Attending Yale Divinity
School was not an option.

Keep moving, Mr. Heller.

The applicable legal test
distills to a simple enquiry.

Was the relevant communication
made in confidence

and for the purpose
of spiritual guidance?

People v. Carmona.

Let's call this what it is.

A prison girlfriend telling a prison
boyfriend about a past crime.

I'm fairly certain, Your Honor, that's
not what the courts had in mind

when carving out
this particular privilege.

Mr. Zona confided
in Mr. Mohammed

in an attempt to elicit
guidance and absolution.

Their relationship was based on
protection and homosexual sex.

All right, what facts do you
have to support the claim

that the confession was made in a
religious or spiritual context?

Mr. Mohammed's affidavit
speaks for itself, Your Honor.

"One day, Johnny came to
me, looking for advice"

"about how to cleanse his soul."

"How to make sense of this
terrible thing he'd done."

"So I asked him what he was talking about
and he said he strangled a little girl."

Sounds like two friends or
lovers, talking about the past.

It's a long road from a man in a
confessional baring his soul to his priest.

Perhaps. But the definition of
"cleric" has expanded considerably

over the years, Mr. McCoy.

Not that much.

I disagree. Motion granted.

You can't be serious?

I beg your pardon.

So all you have to do is claim that
a potentially incriminating witness

is a "spiritual advisor"
and he can't testify?

Whether or not he knows the
Koran from the Yellow Pages?

Is that what you're saying?

I'm saying Mohammed's
testimony is not coming in.

Just got off the phone
with Rob Dolan.

And?

He called me a miserable cow.

Guess that means he won't
be sitting in the gallery.

Don't think so.

If there still is atrial.

What do you mean?

Maybe we should
think about a plea?

Because we lost a motion?

Because it's not fair

to drag this guy through
hell again, then lose.

I agree.

Unfortunately, I can't worry about
every father of every victim.

The man was wrongfully accused
of murdering his own daughter.

You don't think we owe
him a little something?

Of course we do. But pleading
out the killer ain't it.

Neither is a not guilty verdict.

When did you talk to Arthur?

An hour ago.

He told you to take a plea?

He told me to talk to you,

re-evaluate the evidence and
do what's best for the office.

The office or Arthur?

I don't want to get involved.

You already are.

So you might as well tell
me what you really think?

I just did.

As long as Zona does time,
and admits to murdering Sara,

I couldn't care less what
he's charged with.

I'm not taking a plea, Arthur.

You can take me off the
case, if you want to.

But I'm not cutting a deal with this
guy for anything short of murder two.

Fine.

Go to trial. But... I know.

We were at my cousin's funeral

and Johnny

was a little drunk

and he pulled me aside,

said he wanted to talk
about something.

So, we went outside,

and we had a smoke, and uh,

he told me all about
this Sara Dolan thing.

What did he say?

He said that he and some friend,

were all screwed up on drugs

and killed her.

Did he say who killed her?

No. No, he just said they.

Did he mention the rape?

No.

Why did you wait 10 years
to talk to the police?

Well, he's my brother.

He still is.

Yeah, I know. I just...

Look, the police already had
all this evidence against him.

So I figured it was time
to come clean.

But why now?

I'm tired of
living with the guilt...

ls that a question or an answer?

Look, I'm not sure what the hell
you guys want me to say here.

We want you to tell the truth.

What? You mean about
the liquor license thing?

Yeah, about
the liquor license thing.

Okay.

That cop, uh, Fontana,

told me if I came
clean about Johnny,

he'd get me a liquor license.

What the hell do you think
you're doing, Detective?

Excuse me?

You promised Nick Zona
a liquor license?

And you didn't tell me about it?

First of all, watch your tone.

It's a little over the
top for my liking.

And as far as
Nick Zona's concerned,

I promised him nothing.

That's not what he thinks.

I don't control what he thinks.

What did you tell him?

I told him that
if he told the truth

that I would help him out
down the line.

I also specifically said
"I can't make promises."

You know I'm required
to notify the defense

with respect to any
promises or inducements.

Hey, if I say,
"It's not a promise"

how the hell is it a promise?

Was Detective Green present?

He was on the phone.

Congratulations, Detective.

You just destroyed the
credibility of our key witness.

Hey, don't lay
this crap off on me.

I did my job and I did it well.

If you blow this case over some
self-imagined, half-assed favor,

that's your problem,
pal, not mine.

If I disclose
Fontana's arrangement,

our key witness goes from
being a moralistic brother

to an opportunistic hustler
in search of a liquor license.

Then keep your mouth shut and
put your witness on the stand.

Arthur... If Fontana said
he didn't make a promise,

he didn't make a promise.

Anything else?

No.

Did your brother ever mention a
girl named Sara Dolan to you?

Yes.

What did he say?

He told me that he killed her.

Could you be more specific?

Yeah, it was after
my cousin's funeral and,

uh, we were at dinner.

He said he wanted to
talk about something,

so we went into this empty room

and he told me he strangled
a girl named Sara Dolan.

May we have a quick
recess, Your Honor?

The other day it was you and
Johnny at the funeral, outside,

smoking cigarettes and he
said, "We killed Sara Dolan."

Today, it's after the funeral, at dinner
and he said, "I strangled Sara Dolan."

I got confused.

Because you're lying? Lying?

Did your brother confess to
killing Sara Dolan or not?

You think I'd be here selling
him out if he didn't?

I know why
you're here, Mr. Zona.

So spare me the
self-righteous rhetoric.

It was 10 years ago.

All right, I don't remember if it happened
at the funeral, after the funeral.

If we were smoking,
drinking, doing the hula.

But this much I know.

He told me he killed someone.

Someone? Or Sara Dolan?

Someone? Or Sara Dolan?

Someone. Okay? Someone.

He never said
the name Sara Dolan?

No.

I'd like to notify the
court and defense counsel

of statements made by
prosecution witness, Nick Zona,

in response to certain questions
regarding his testimony this afternoon.

Nick is a bigger liar
than I thought.

Mr. Heller can obviously use this
information for impeachment purposes.

I understand.

Sure you don't want to
dismiss this case

before it gets even
more embarrassing?

You can impeach him
all you want, Mr. Heller.

He still took the stand and
called his brother a murderer.

What the hell happened
in there today?

Your witness lied on the stand.

Why? Because he said "After the
funeral" and not "At the funeral"?

You gotta be kidding me.

Did he ever tell the
truth, Detective?

Or did he just say what he
thought you wanted to hear?

Or what you told him to say?

You calling me
a liar, Mr. McCoy?

If it's bad news, keep walking.

Johnny Zona's mug shot
from ten years ago.

Early 20s, acne, ponytail.

So?

So, in his first interview
after the murder,

Dolan told Fontana's partner that he
saw a strange guy near his brownstone,

about 20...

Bad acne and a ponytail.

But since Zona wasn't a suspect,
it didn't mean a damn thing.

It still doesn't unless Dolan can
pick him out of a photo array.

You don't think he can?

I don't think he'll even try.

You looking for some homeowner's
insurance, Mr. McCoy?

I'm looking for some help.

You came to
the wrong agency, pal.

No help for sale here.

I'd like you to
look at a photo array.

Why?

To identify the man you saw outside
your home the day Sara was killed.

If you could pick him out...

I told you. I'm not
getting involved in this.

All you'd have to do...

I said I'm not getting involved.

I can subpoena you. Force you
to make an ID on the stand.

And if I don't?

What are you going
to do, arrest me?

Send me to jail?

Ruin my life?

If I were you, Mr. Dolan,
I'd hate the police too.

The D.A.'s office,
the press, me.

But I'd hate the man
who killed my daughter, too.

If your wife were alive, do you think
she'd allow you to keep your mouth shut

and help the monster who killed
your daughter walk free?

Get the hell out.

Why would we even
consider a plea?

Because your client is guilty.

Just for kicks, what
are we talking about?

Man two, five-to-fifteen.

Not even in
the right zip code, Jack.

Mr. Dolan told Detective Salone

that he saw a young man
with acne and a ponytail

near his home
moments after the murder.

Johnny wasn't the only guy in the city
with long hair and pimples 10 years ago.

But he was the only one
on 67th Street that day.

According to the father, who hasn't
even looked at a photo array.

Which means you asked,
and he told you to go to hell.

I can subpoena him.

Come on, Jack.

Fathers do strange things
on the stand

when staring at the man
who murdered their daughter.

A 10-year-old ID from a guy
with a self-serving agenda?

It means nothing.

Maybe.

On the other hand, maybe
the jury will eat it up.

Accessory, two-to-six.

Three-to-nine.
If I like what I hear.

He can't use this at trial.
So just tell the truth.

First off, Mr. McCoy,
you need to know

I was a lot different back then.

Using drugs, had lots of anger.

What happened, Mr. Zona?

Danny told me about some fancy
house we could break into.

Said it would be
the easiest score ever.

He even had a key.

So we go inside and there's a
girl on the couch, reading.

And she got all scared.

But Danny was crazy on coke and
meth and before you know what,

he's having sex with her.

She starts screaming.

He punches her,
slams her into a wall.

And I'm freaking out.

I mean, all I wanted was to
steal some cash and get high.

What then?

The girl was in lots of pain.

And almost unconscious.

So I go over to see
how she's doing

and she's lookin' at me
with these eyes.

These big, sad eyes.

And I choked her.

I don't why. But I did.

We need to talk. Now.

Dolan just picked Zona
out of an array.

What?

He called me about an hour ago,

he said he wanted to
look at pictures.

He told me to meet him at
some café on 20th Street.

Where is he? Conference room.

I come all the way down here,

pick out the son of a bitch
who killed Sara,

and now you don't
want me to testify?

Is that what you're saying?

I'm simply informing you
that the defendant is

willing to plead guilty
to accessory.

How many years?

Three-to-nine.

Three-to-nine?

For killing my daughter?

I know it's not perfect.

But at least people
will finally know the truth

about what happened.

That means nothing to me.

Maybe not today.
But down the road...

"Down the road."

I stopped driving
10 years ago, Mr. McCoy.

There's no "road"
to drive down anymore.

I'd prefer to put Mr. Zona in prison
for the rest of his damn life.

But I'm not sure I can win.
Even with your cooperation.

Which means... He walks.

And my so-called "friends"

continue to assume I raped
and murdered my daughter.

Trust me, I get it.

I owe it to Sara and Amy
to at least try.

Is this the man you saw

near your home on East 67th
Street, June 8th, 1995,

the day your daughter
was killed?

Yes.

Is this same man here today?

Yes. The man in the blue shirt.

Mr. Dolan, were you a
suspect in Sara's murder?

Yes.

Did you kill her?

Of course not.

I loved Sara more than
anything in the world.

More than I could ever describe.

I'd never do anything
to hurt her. Never.

When that man strangled Sara,

he murdered my daughter,
my wife and me.

I may still be breathing, but
I've been dead for 10 years,

three weeks and four days.

Thank you. Nothing further.

Are you sure
this is the man you saw

on 67th Street 10 years ago?

Yes.

Really?
After more than 10 years?

Wow.

You must have
a hell of a memory.

Do you remember seeing anyone
else on 67th Street that day?

I'm sure I did,
but I don't remember.

Of course not.

It was 10 years ago.

How long did you
make eye contact

with the man with
acne and a ponytail?

I don't know. A few seconds.

A few seconds? Yes.

A few seconds.

So what you're saying is,

you really have no idea if the
man you saw was Johnny Zona?

Some things, some faces,

you never forget.

You hired a lawyer within hours of
your daughter's murder, correct?

Yes.

And you refused to
talk to the police?

Objection.

Overruled. Answer the question.

Yes.

You and your wife went
on a vacation to Acapulco

seven days after the murder?

It wasn't a vacation.

We were just trying to get
away from the press, the pain.

You mean the police.

You were trying to
impede the investigation.

Since you were
the prime suspect.

I was. But that's not my fault.

Really? Whose is it?

The lying, press hungry detectives
in charge of the investigation.

And based on their investigation

their intensive,
exhaustive investigation,

they determined that
you were the primary suspect.

Not Mr. Zona. You.

Which means they believed
you, not Mr. Zona,

murdered your daughter?

Objection. JUDGE
SCHNELL: Sustained.

Be honest, Mr. Dolan.

The only reason
you're here today is

so that you can blame
someone else

for the vicious rape and
murder that you committed?

Objection!

Withdrawn. Nothing further.

Yeah. Already?

Okay, thanks.

Hey, man, the jury just hooked Zona.
Murder two.

Ah, that's great.

What's wrong?

Nothing. I'm fine.

Oh, come on, bro. You didn't have a
deathbed confession 10 years ago.

I mean, sometimes
you just catch a break.

You know what? You're right.
You're exactly right.

Ah, I'm gonna get out of here.
I'll see you tomorrow.

Thank you.

L wanted to say that I...

I'm really sorry.