Law & Order (1990–2010): Season 19, Episode 5 - Law & Order - full transcript

The investigation into the murder of an upstate New York man in Chinatown appears to be cut and dry, until detectives discover a possible cover-up in the case that leads all the way to the governor's office.

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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.

Watch your step getting
off. Have fun, stay safe.

For you
shop-till-you-drop types,

I suggest Ming's
General Store, right here.

Best prices in Chinatown

and a complimentary Big Apple
snow globe with every purchase.

What time do we need to be back?



You've got about three hours.

If we're going to beat
the traffic out of the city,

we got to be on
the road by 4:00.

Yeah, I get it, but 5% is
not what we agreed to.

Your overhead? Give me a break.

Have you seen what
diesel's going for?

Aw, jeez. Hold on a minute.

I think one of my passengers
did his shopping in a bar.

Hey, buddy!

You okay there?

Jesus!

The bus driver said
his name was Timmons.

They're a church
group from upstate.

Dargerville. That's way upstate.



William Timmons, 36, full deck
of credit cards, plenty of cash.

Those church folks were
set on this being a mugging.

They'll be disappointed.

Haven't they heard? Nobody
gets mugged in New York anymore.

Looks like two
shots from up close.

Nobody said they heard anything.

There's a blood
trail into the alley.

What have you
fellows got for us?

We got spatter on the wall there

and a bloody palm print
here, probably from the victim.

No shell casings.

Shooter either picked
them up or used a revolver.

You got to wonder what
Mr. Timmons was doing back here.

I mean, he didn't come
all the way from Dargerville

to visit a New York City alley.

Maybe he thought the
dumpster-diving's better here.

He sat up front, took
both seats for himself.

Usually the ones that sit up
front like to chat, but not this one.

Timmons, right,
that was his name?

Yeah. Did he say why he
was coming into the city?

No. He asked how long
he had to walk around.

Sounds like this was
his first time on your bus.

I'm pretty sure it was.

St. Giles' up in Dargerville

hires me every couple of
months to take a group down here.

He wasn't a regular
parishioner, I can tell you that.

I take the collection every
Sunday and I've never seen him.

Did you see Mr. Timmons
when you were out shopping?

We didn't do much shopping.

Those are just some souvenirs.

Really? Mind if I take a look?

Check this out. This looks
like real Italian leather to me.

This must've set
you back a bunch.

They were cheap.

Because they're fakes?

Bob, our driver, says we
aren't really breaking the law.

Oh, so this was Bob's idea?

He knows the shops
with the best deals.

Lately, it's been Ming's.

And before there, it
was someplace else?

A place called Y.K.'s.

But the last time we were there,

he got into some kind of
argument with the proprietor.

Some kind of argument?

They gave him a black eye.

So the stores give
me a little taste.

I steer a lot of
business to them.

So, you don't have a problem
promoting the sale of counterfeit goods?

Have you ever seen the factories
where they make these knockoffs?

Little kids running
big machines.

Fifteen-hour days, no breaks.

A piece of rat meat for lunch.

You're making this up.

Sure, just like we made up the shiner
you got the last time you were in town.

That?

I ran into a lamp post.

You don't get it, do you, Bob?

When you switched
from Y.K.'s to Ming's,

you put yourself in
the middle of a turf war.

Killing Timmons. That
was a warning to you.

To me?

Yeah. You don't steer your
passengers back to Y.K.'s,

the next time they're
going to come after you.

Well, um, what do
you want me to do?

Police. Everybody! Up
against this wall, right now.

We're looking for Mr. Y.K.

Anybody seen him?

Nobody?

I'm Y.K.

Mr. Y.K., you're
under arrest for assault.

Yeah, who say that?

The bus driver you punched.

I no punch no bus driver.

This guy, he was in your store?

No, we no see him.

Hey, you speak Chinese?

You keep lying to me, and my
Chinese will be the least of your worries.

Okay. He ask me
how to get to subway.

I tell him, you buy map.

He very cheap. You know why?

Because he buy paper map,
he not even buy laminated.

The M.E. pulled two slugs
out of Timmons, both .38s.

So what do you make of the
puncture marks on his forearm?

Track marks. The way
they're scarred over,

I'd say he's been off the
needle for a good year.

No, not those, these here.
They look like pin pricks.

Maybe he got acupuncture.

The Transit Authority found
Timmons on their cameras.

They sent me over the link.

Here he is at the
Canal Street station.

He's taking the uptown R.

They got him coming out of
the station at 28th and Broadway.

Look, look. He's heading
north on Broadway.

What's north on Broadway?

Macy's, the Garden...

The flower district.

The pin pricks on his
arm could be from thorns.

Yep, that's the guy.

The manager, Dianne,
she got into a fight with him.

What about? I don't know.

He came in and asked for her.

I went into the back to get her.

I come back a
couple of minutes later

and she's screaming
at him and hitting him.

She knocked him into that.

And this guy was just taking it?

Not like he had a choice.

Dianne, she's got
some moves on her.

So then, he's on the ground
and Dianne says to me,

"Don't let him go, I'll be
right back." And then she split.

What do you think she
had in mind? I don't know.

She lives right
around the corner.

So then, you handled Timmons?

Sure, I put him in a headlock
and I made him my bitch.

What do you
think? He split, too.

What about Dianne,
when she came back?

She never came back at all.

And she called in sick today.

That's not him. Cesar gets
people mixed up all the time.

All right, then who's the guy
you tossed into the flower cart?

Some creep who
thought he knew me.

And that gets him a beatdown?

He tried to touch me.

Then you ran outside

and told Cesar to keep him
there until you came back.

I needed to get
away. I was upset.

Are you still upset now?

Is that why you called in sick?

I don't think I like the
tone of your question.

You do martial arts?

Cesar said you had some moves.

I train in DZR jujitsu.

These your certificates?
It's impressive.

Intimidating, that's
the idea, right?

In case one of your guests
gets an idea in his head.

I want you to leave now.

Like this one here.

From the NRA, for marksmanship.

That would make
a guy think twice.

I want you to go.

Yes, ma'am.

Lupo. Sure.

Excuse me.

Hey! Hey! Hey! Hey! Hey! Hey!

You really don't like
people touching you.

You did that on purpose.

Shame on me.

And now you're under arrest.

The employee's positive it
was Timmons in the flower shop.

And it turns out that
Dianne Cary's prior address

was in Dargerville,
the same as Timmons.

They were hometown neighbors
up until a couple years ago.

Or maybe hometown sweethearts.

Well, if so, I can see
why she ditched him.

Timmons had a dozen dope
beefs, the last one six years ago.

Then there was an arrest three
years ago, but no charges were filed.

So he drops in on
Miss Cary to, what,

rekindle the old flame?

Instead stirs up
some bad feelings.

She decks him... And
runs home to get the gun,

except you didn't find it.

She didn't win an NRA
certificate with a Super Soaker.

The .38 that killed Timmons

is probably in a sewer between
Chinatown and her place.

Her sheet's clean.

Only thing is a lien
against her three years ago

from a hospital in Dargerville.

Three years ago. Mmm-hmm.

When exactly?

June 8th.

Wasn't Timmons
arrested June 9th?

Mmm-hmm.

What was Miss Cary in the hospital for?
- Doesn't say.

The medical info is
redacted for privacy.

The only thing is an itemized
invoice attached to the lien.

Miss Cary, I'm
Lieutenant Van Buren.

I want to file a complaint. That
officer touched me inappropriately.

Yes. Yes.

We'll get to that, but first I
need some information from you.

Did you know William Timmons
when you lived up in Dargerville?

Thousands of people live
in and around Dargerville.

No doubt. What happened
to you two up there?

Nothing happened.

I don't think you have the
right to ask me... Miss Cary...

The code on this itemized bill

is from your hospital
visit three years ago.

This code is for a rape kit.

The doctor took evidence
in a rape investigation,

and William Timmons
was arrested the next day.

Now, he was arrested

but no charges were ever
filed and he was released.

Did he rape you
and get away with it?

Is that what this is about?

No.

I won't talk to you.
I want my lawyer.

I don't want to talk
to the police at all.

Just get the hell away from me.

All right.

The D.A. of Otsego County
couldn't find any record

of a rape case involving
Timmons or Dianne Cary.

Then again, he said he'd
only been in office a few months

and his files were a mess.

Or maybe the rape didn't happen.

Everything about her tells me

as far as she's
concerned, she was raped.

Well, we're not going to find out
one way or the other 200 miles away.

Let's hit the road.

And away we go.

You check with Admitting?

Yeah, they couldn't
find it on their computer.

That figures.

When they upgraded
two years ago,

half the files didn't
show up for work.

June 8th, you say?

Yeah. The patient's
name was Dianne Cary.

Oh, here it is.

Dianne Cary, female, 29 years
old. What do you need to know?

Her hospital bill indicated
that she had a rape kit done.

We need the results.

Well, that won't be in here.

But let's see what
the duty nurse wrote.

Oh, multiple
contusions to the face,

vaginal tearing...

Sounds like forcible
intercourse to me.

Anybody call a cop?

She was released to a
friend by the name of Leila.

Oh, here. A deputy sheriff
responded to the hospital

and took a statement
from Miss Cary.

That would've been Deputy
Linz. He'll be in later today.

I remember that case well.

That poor girl was
hurt pretty bad.

You made an arrest the next day.

Right, William Timmons.

I understand he was shot a couple
days ago in your neck of the woods.

That's right.

Well...

A bullet never found a
more deserving home.

When we learned of his passing,

we had his place in town secured,
in case you want to take a look at it.

We might. Timmons was
never prosecuted for the rape.

No, he had a kind of an alibi.

And the young lady's
identification was weak.

The attack took place late
at night, in her apartment.

Lights were off.

So why was Timmons
arrested in the first place?

She recognized his voice.

He'd been in the bar where
she worked as a hostess.

If our County D.A. at the
time, may he rest in peace,

had been a little bit
more of a go-getter...

But doesn't matter now,
Timmons has moved on.

Well, actually, Sheriff, we believe that
Timmons was murdered because of the rape.

Dianne Cary's our suspect.

Timmons visited her in
New York before he was shot.

Really?

Well, he should've known
better than to bother that girl.

But I guess it's
true what they say.

They can't help but revisit
the scene of the crime, huh?

You said he
should've known better.

Well, after the charges were
dropped against Timmons,

Dianne went around town
saying she was going to get him.

It got so that I had to send a
man over to have a talk to her.

Your little town has
seen a lot of action.

Was Timmons a part
of that drug problem?

He was.

Matter of fact, the night of the
rape, his alibi was another meth-head.

Excuse me.

Yeah? Mmm-hmm.

I got to take this.

All this stuff about
revisiting the crime scene

notwithstanding, it
just doesn't add up.

Some rapists do get
fixated on their victims.

Yeah, but three years and a
four-hour bus ride after the fact?

Maybe there was something
else going on between them.

Well, we can always ask the friend that
drove Dianne home the night she was raped.

I haven't talked to Dianne
since she moved to New York.

She was a very angry
person the last time I saw her.

Thank you.

So, the pastor says you help run the
AA and Narc-Anon meetings down here.

That's right.

Timmons had old
track marks on his arm,

looked like he'd been
off the needle awhile.

Did he ever come to
your meetings? Yes.

Will had been sober
almost seven months.

Did he ever talk about
going to New York?

You know, what's said in AA meetings
isn't legally confidential, Miss Dickson.

I have to answer
to a higher authority.

So do we.

You haven't met our lieutenant.

I can tell you we'd been discussing
the eighth step, making amends.

He may have been
seeking out someone he hurt.

To apologize?

You sure you didn't call Dianne
to warn her he was coming?

You two used to be close.

Yes, but after what
happened to her...

It was all she could talk about.

And when they dropped the
charges against Will, it just got worse.

She kept saying she
wanted to hit back.

Hit back at Timmons?

Him, and if you didn't agree
with everything she said...

Yeah, we know.

She nearly snapped my arm off.

That's those self-defense
classes she took.

She was going every day.

And Robbie Linz
showed her things.

Deputy Linz? What
did he show her?

Shooting, things like that.

Whatever happened to
"turn the other cheek"?

All right. Bye.

Dianne Cary. She made
bail on your assault beef.

You know, this chili is great.

You expect me to ride in a car with
you after having two bowls of that stuff?

You really expect us to get
out of Dargerville by 6:00?

A man can hope.

Well, I hope we stick
around for dinner.

I love small towns.

You know how many serial
killers got their start in small towns?

Deputy Linz.

How you doing? I'm Detective
Lupo. This is Detective Bernard.

Hey. How you doing?

Sorry to keep you guys
waiting. No problem.

Sheriff Burkhart radioed me. He said
you had some questions about Dianne Cary.

Sheriff said you're looking at
Dianne for Timmons' murder.

I took her statement the night she
was raped. She was in a bad way.

But she had no
doubt it was Timmons.

We heard that you helped
her get back on her feet.

You taught her self-defense
skills. Target shooting.

She asked and
I felt bad for her.

I never thought
she'd actually use it.

Use it? What do you mean?

You gave her a gun?

Look, you got to understand...

No, no, no, no, no. You felt
bad for her. We heard that.

What kind of gun was it?

It was a .38.

It was an old piece that had been in
the department's gun locker forever.

I taught her how to use it in
the woods behind my house.

There. That tree. I put
the practice targets there.

She got so she could
hit it from 20, 30 feet out.

Got a couple of entry holes.

The slug's still in that
one. Here, hold that.

Oh, looks good.

Ballistics should be
able to match that.

Drop the shears.

This is harassment
again. I'm out on bail.

Yeah, but not for murder.
You're under arrest.

Let's do this easy, all right?

Hey, hey!

Stay there!

Yeah, all right, yeah, I got it.

Get up.

Tell me, was shooting Timmons
as easy as shooting that tree?

Come on.

We're not without compassion

for what Miss
Cary's been through,

or for the fact that the
system let her down.

We're willing to take
all of that into account.

Very nice preamble.
What's the offer?

Fifteen-to-life. A gift.

No.

I won't go to jail for
something I didn't do.

Don't test us, Miss Cary.

I didn't kill that bastard.

You followed him back to his
bus, you hunted him down...

I didn't do it. I
should've, but I didn't.

We matched the slugs in
his body to the slugs you fired

during target practice
up in Dargerville.

What are you talking about?

The bullets she fired into a tree
with the gun Deputy Linz gave her.

He taught me how to shoot.
He never gave me a gun.

Tell me about the deputy's gun.

It's a .38-caliber Smith & Wesson
Model 10 with a 6-inch barrel.

I have her gun.

She gave it to me the day
after Timmons was shot,

after she read
about it in the paper.

She knew she'd be suspected,

and given the way her
rape case was bungled,

she was wary of turning over an
unlicensed weapon to the police.

This is her gun, the only
gun she's ever owned.

A Glock 26.

A 9mm Glock 26.

Ballistics says Timmons was
not killed with Dianne's Glock.

But she says she turned
that gun over to her lawyer

because she was worried
the police might use it

to implicate her in the murder
even though it was the wrong caliber.

Tells you what she thinks
about law enforcement.

Or she didn't know what
caliber was used to kill Timmons

because she's not the killer.

Or this is just a
distraction to keep us

from looking for the
.38 that deputy gave her.

Says he gave her.

I want him brought down here
and put in front of a grand jury.

Make sure you bring
some persuasion.

I already told you all there is.

I showed her how to point and
shoot, and I gave her the gun.

We need you to
tell it to a grand jury.

Come on, we'll have you
back the day after tomorrow.

I'll take you out for a steak.

Look, my shift starts
in two hours, okay?

My wife needs
help with the kids.

Actually, Deputy, you don't
have a choice in the matter.

We have a material
witness warrant.

You're arresting me?

Until you complete
your testimony.

Well, I got to clear
this with the Sheriff.

Well, you can call
him from the road.

Whoa. This isn't good.

Stay put.

Sheriff? Is there a problem?

- Out of the car, Robbie.
- Whoa, whoa...

Sheriff, I'm Assistant District
Attorney Rubirosa. Stay there.

We have a material witness
warrant for Deputy Linz.

You can't take him until you file
that with the Otsego County Clerk.

Well, by law, we have
24 hours from the time...

Move her out of the
way. We take custody.

Whoa, whoa, whoa!
You stop right there.

Hey! There's no need for that.

Deke, Bill. Arrest
this man. What?

Interfering with
a police officer.

Just get in the car.

Next time, miss, show a little
respect for our procedures.

Mike Cutter.

Find him.

As Assistant
D.A. of this county,

I tend to put stock in what my
law enforcement officers tell me,

and what they're telling me is
this Lupo threatened two deputies

during the performance
of their duties.

Those deputies were
about to manhandle me.

Detective Lupo didn't
threaten anybody.

You're a New York A.D.A.

You have no standing to
represent this defendant.

Why am I even talking to you?

Oh, I almost forgot.

I filed a motion to quash
your witness warrant.

Finally. You guys
cut it kind of close.

Detective Bernard got us
pulled over for speeding.

110 on the Thruway.

What's on the calendar?

An arraignment that we can't
participate in, and a motion.

What happened? The
broom closet wasn't available?

Everybody rise.

You can all sit down now.

Okay. Well, Sara,
what's on tap today?

Case number 8-9, People v. Lupo.

Interference with
governmental administration.

Where's your lawyer, son?

I can represent myself. I'm
a New York City Detective

and I'm in law
school, first-year law.

Okay, well, give me
a plea, Counselor.

Not guilty, Your Honor.

Okay, well, seeing as how
you're a first-year law student,

I'm inclined to let you go
on your own recognizance.

Judge. Yeah?

You've never released a non-resident
of this county on his own recognizance.

If you do it for this defendant
just because he's a detective,

it may give rise to the
appearance of bias.

All right, well, how much
bail do you want, Silber?

20,000 should do it.

Judge, I don't... I don't
have that kind of money.

I hope you like baloney
sandwiches, son.

Bail is 20,000.

Is that it, Sara?

Mr. Silber has a motion to
squash a material witness warrant.

I put it on your desk.

New York Assistant D.A.
Michael Cutter, Your Honor.

The witness has material
evidence in a murder investigation.

But he was reluctant to
appear before our grand jury,

hence the warrant.

The warrant wasn't registered with
the County Clerk before they served it.

I believe it's registered now.

Ah. Oh, Sheriff, do you
want to be heard on this?

Seeing as though it's one
of your deputies, I believe.

Yeah. They want to take him
to New York for three days.

I can't spare him,
Judge, even for one.

We've got three deputies out sick,
two ongoing drug investigations.

It would cause an undue
burden on the community.

An undue burden.
Well, that seals it.

Motion to quash the
warrant is granted.

Okay. Anything else, Sara?

All right, Court adjourned.

Hey. I'm going to call the
Lieutenant to post bond.

What's going on, Mr. Silber?

Why is your sheriff interfering
with our murder investigation?

What are you talking about?

Arresting our cops, playing
keep-away with our witnesses.

From where I sit, the
Sheriff's just being diligent.

Really? For example?

Well, take when
Timmons was shot.

I was with the Sheriff
when he got the news.

Right away he gave
Timmons' address to a deputy

and had him secure the premises,

all for the benefit
of your investigation.

Sheriff Burkhart knew Timmons'
address off the top of his head?

Dargerville's small,
but not that small.

Get on your computer, see what
you can find on Burkhart's court cases.

I'll see if the County Clerk
will let me use his library.

Sheriff Burkhart's made
quite a name for himself.

Busting meth labs,
working with the State Police

to intercept drug
couriers along I-88.

He's become the
state's poster boy

for small-town proactive
law enforcement.

And, no surprise,
thanks to our governor,

a lot of state drug
interdiction money

has been flowing into the
Dargerville Sheriff's Office.

Hey. I sprung our miscreant.

How are you feeling, Detective?

I'm all right. Hey, could I get a
bowl of that turkey chili, please?

Making book on the Sheriff?

I hear he's been hell on
the local dope slingers.

The last six years running,

he has had the highest
arrest-and-conviction rate in the state.

Well, this might have
something to do with it.

Six years ago, Burkhart
registered a confidential informant.

That same CI testified in about
three-quarters of Burkhart's drug cases.

Six years ago was the last time
Timmons was busted for dope.

He cruised right through
the Sheriff's war on drugs.

Six years ago, Timmons
was arrested by Burkhart

with an ounce of meth.

He pled to a misdemeanor
and got probation.

There's your
confidential informant.

Will Timmons.
Burkhart flipped him.

And he's been protecting
Timmons ever since.

It might explain the
disappearing rape charge.

Connie, I want you and Detective
Bernard to go back to the city.

Start writing subpoenas for all records
pertaining to Burkhart's drug cases.

Wait, wait, I have to stay here?

Seeing as you like
this chili so much.

What's our plan?

We track down Timmons'
lawyer from six years ago.

They call them
confidential informants

precisely because
they're confidential.

The informant's dead,

and the attorney-client privilege
doesn't survive the death of the client.

But I still have to work and breathe in
Sheriff Burkhart's sphere of influence.

You know, it's a hell of a thing when
the only person with balls in this town

is the woman who was
raped by your client.

Talking hypotheticals,

this informant made a
ton of cases for Burkhart.

In return, the informant was
given a free pass to sell dope.

And rape the hostess
at his local bar.

Well, if you got a guardian
angel fouling the IDs

and making rape kits
disappear, anything's possible.

But lately this informant
cleaned up his act, right?

He started attending Narc-Anon?

Right, he got all remorseful, wanted
to put it all out there in the open.

I told Timmons that
was not a good idea.

Whoa. Listen to me,
did I say Timmons?

I meant the informant, this
being a hypothetical scenario.

Good night.

If Burkhart knew Timmons
was going to see Dianne Cary,

he had to be worried
Timmons would spill his guts

about Burkhart
burying the rape case.

Burkhart would be looking
at prison time, not to mention

it would taint every drug conviction
that relied on Timmons' testimony.

Sounds like a solid
motive for murder.

No wonder Burkhart
doesn't want us near Linz.

He probably put him up to lying
about giving Dianne Cary a .38.

Let's take another run at Linz.

How'd you do in your
legal research class?

Access to Deputy Linz is guaranteed
by County Law Section 17-B.

"In a proceeding in the nature
of a writ of habeas corpus,

"application may be made
to any local magistrate."

Change "guaranteed"
to "predicated on."

Otherwise, very good, Detective.

Okay, this is the best part.
"Application may be made ex parte."

We don't have to
notify the Sheriff.

We can talk to the
Judge one-on-one.

Here. I'll run it down to the
front desk. They have a printer.

And when we talk to
the Judge tomorrow,

why don't you make
the application?

Is that kosher?

In Dargerville?

And as Your Honor can see, the
statute is worded in the affirmative.

"The district court shall grant
access to the person sought."

You saying that I have
no choice, Counselor?

Well, uh, of course, Your
Honor can deny the writ,

but then we would have to file
a TRO with the appellate term.

You're in my light, son.

Sorry.

Judge, we wouldn't be here if Sheriff
Burkhart opposed the application.

The Sheriff's okay with this?

He didn't raise a
single objection.

And if Your Honor would sign these
release forms for county records.

Pro forma. We need a court order

to access Deputy Linz'
files and related items.

It's just so we don't have to
bother you again on your day off.

Thank you, Your Honor.

So now we go
talk to Deputy Linz.

Nope. Now we pull the duty
records for the Sheriff's Department.

This better not take all day,
'cause I need to get the payroll out.

We'll do our best.

This has Burkhart
going Code 7 at 9:00 a.m.

He doesn't resurface
again until 6:30 that night.

That's a long lunch break.

9:00 a.m. is when the church
bus left Dargerville for New York.

Burkhart could've
followed the bus

and then tailed Timmons
to the flower shop.

Once he saw what a loose
cannon Timmons was, he shot him.

There must be a way to
track Burkhart's movements.

It would help to know
what vehicle he was driving.

He wouldn't use his own
car, or a patrol car. Hold on.

Excuse me, hi.

Does the Sheriff's Department
have any unmarked cars?

They have two, an
SUV and a sedan.

Okay, you have a mileage
log for September 20th?

Uh, the car was in
the shop for repairs,

and the SUV shows
463 miles driven.

New York and back.

Now we just need to prove it.

I didn't spend four
years in intel for nothing.

Video grabs from New York Thruway
toll cameras on September 20th.

Okay. First up, Exit 24,

approximately the time the church
bus got on the Thruway to New York.

There's the bus,

and now we're looking
for Burkhart's car,

a black Explorer.

I don't get it, the
video's still running.

Look at the time stamp.
We just lost a minute.

Yeah.

All right. Next toll's
the Tappan Zee.

There's the bus going through,
and Burkhart shouldn't be far behind.

Same thing.

Okay, last chance. Yonkers.

Every time Burkhart's supposed to
be on here, the video's been erased.

Could Burkhart have done it? No,
these were erased at the source,

the State Thruway
Authority's computers.

Someone at the state level.

Somebody big just pulled up
a chair and joined the game.

As a confidential informant,

Timmons put over a
hundred people in prison.

Every one of those
convictions will be in jeopardy

once it comes out Timmons was
given a free pass to rape and deal drugs.

I don't think Burkhart cared
about those convictions

as much as he cared
about going to jail.

The possibility of a hundred
overturned convictions?

Believe me, someone
somewhere cares about that.

What are you doing
about Dianne Cary?

She's out on bail.

We thought to leave things status
quo until we're sure we have Burkhart.

Get her some protection.

Better safe.

Hey. The Thruway Authority narrowed
down when the video files were erased.

They have a list of
11 people who had

access to a terminal
in that window of time.

FBI analyst, Homeland Security.

Yeah. Scroll down to the
three State Troopers on the list.

Trooper Thomas Volchek.

Four years ago he was posted
to the Sidney barracks upstate.

He and Burkhart ran joint-force
drug interdictions together.

So I was at the
Thruway Authority.

So what? I'm there five or six
times a month on official business.

Okay, so what was
your official business

two weeks ago when you
accessed their terminals?

I'll get back to you on that
right after I check out my notes.

Well, you be sure
to bring those notes

when you testify in
front of the grand jury.

A subpoena?

And, Mr. Volchek, if you're
thinking of taking the Fifth,

we'll nullify it with
a grant of immunity.

Sorry. Authorized
personnel only.

Connie.

Executive Services Division.

The governor's personal security
force within the State Police.

Aren't they just his
chauffeurs and bodyguards?

There have been rumors
they perform other services.

Like shipping inconvenient
prostitutes out of the country.

So the question is, was
Volchek acting on his own

when he helped Burkhart
cover up his tracks,

or was he acting on
Governor Shalvoy's orders?

Consorting with
prostitutes is one thing,

but I can't believe Shalvoy
would protect a murderer.

A murderer who happens to be
the Governor's favorite drug warrior.

Like you said, Jack,
somebody somewhere cares

if over a hundred drug
convictions get overturned.

Shalvoy will look like an
idiot for backing Burkhart.

Volchek didn't erase those
videos on his own authority.

Sometimes loyal surrogates
go off the reservation

if they think they're acting
in their boss's interest.

Well, I guess only Trooper
Volchek can answer that question.

Well, we've got to
get him to testify first.

Volchek's asserting
an executive privilege.

And he wouldn't do that unless
the Governor was backing it up.

There's only one
conclusion to draw.

The Trooper erased the
videos with your tacit approval,

and now you're protecting him.

Is that your own conclusion?

I don't think your recklessness
extends beyond your personal life.

You're too smart a politician.

You would've cut
Sheriff Burkhart loose,

ordered a commission to investigate
the use of confidential informants.

You got that exactly right.

Then lift the
executive privilege,

let Volchek testify.

We'll give him full immunity for
his testimony against Burkhart.

Jack,

I was born at night, but
I wasn't born last night.

We know what this is about.

I'm not going to become some political
football in your campaign for election.

The members of the Executive
Services Division are at my side 24/7.

I'm not about to let any of
them take the stand in this

or in any other proceeding.

I'm prosecuting a murderer.

Campaigning is the
last thing on my mind.

Really?

Invoking the
anti-terrorism statute?

Taking tough stances?

Quit playing Hamlet.

Declare yourself a
candidate and get it over with.

By the way, do you know Joe
Chapell in the Attorney General's Office?

He investigated corruption
in state hospital contracts.

The Children's Aid Society is honoring
him next month. You should come.

He's going after the
pirates on Wall Street next.

He's a real reformer.

Meanwhile, here,
it's politics as usual.

The Governor's worried once we have a
member of his personal guard on the stand,

we'll ask about
prostitutes, dirty tricks

and whatever else they've been
handling on Shalvoy's behalf.

Then let's forget about Volchek.

What do you think
about giving Deputy Linz

full immunity for his testimony?

Okay.

This time, make sure our
cops bring plenty of backup.

Deputy Linz?

Damn.

.38 Smith & Wesson Model 10.

No!

No! No! Ma'am!

I just don't understand.

Did he get any
calls this morning?

Sheriff Burkhart came by.

Him and Robbie went
out to the garage to talk.

Robbie looked upset
after the Sheriff left.

He didn't say why.

He just told me not to worry.

And then he went into the woods.

Ballistics said the .38
that Linz shot himself with

was the same gun that
was used to kill Timmons.

We're supposed to think he
murdered Timmons. Very neat and tidy.

That must be what
Burkhart told him,

that he'd have to take the fall for
Timmons' murder, like a good soldier.

Burkhart's off the hook.

And we can't get him,

not without the videos of
him following the church bus.

Which Trooper Volchek
could testify to erasing

if the Governor wasn't hiding
him behind executive privilege.

Round and round it goes.

The Deputy had the murder weapon

and his suicide is tantamount
to an admission of guilt.

Then that's the end of it.

And the erasures on the Thruway
Authority video. Glitches, right?

I won't have this hanging
over Trooper Volchek's head.

The subpoena will be
withdrawn tomorrow.

I told you, Jack, there was
no need to be concerned.

I wouldn't go that far.

Those glitches on the
Thruway videos got me thinking,

what if we'd been tracking a
terrorist instead of a simple murderer?

If those videos had gone blank

while we were on the
trail of a suicide bomber.

That'd be terrible, of course.

I knew you'd agree.

I'm empanelling a blue-ribbon
grand jury to look into it.

We ought to know who's
monitoring our roads and bridges,

and how secure those
systems really are.

I'll be calling Trooper
Volchek as an expert.

Of course, executive
privilege won't apply

to testimony about
technical matters.

But then,

you wouldn't actually
assert the privilege

in matters of national
security, would you?

Who wants that
kind of publicity?

This was in my mailbox
at home this morning.

You can withdraw the
subpoena for Trooper Volchek.

That's you, entering
the New York Thruway,

September 20th at 10:17.

We also have you at the Tappan
Zee Bridge toll and in Yonkers.

Nothing disappears forever
in the digital world, Sheriff.

Nothing, that is,
except your friends.

Yours are in short supply.

What are you offering?

The opportunity to
serve his 25 years

in the safety of a
segregated unit.

I was a good sheriff.

I put away a lot of bad people.

Well, I hope you think it
was all worth it, Sheriff.

Sheriff Burkhart's methods are
repugnant to this administration.

Justice by any means
is no justice at all.

I am ordering a review
of every drug conviction

that Sheriff Burkhart
was involved in.

And I'm ordering a
special commission

to investigate the use
of confidential informants.

To head this commission
I'm appointing Joseph Chapell

of the Attorney
General's Office.

Mr. Chapell successfully led...

Politics as usual.

Here.

I'd like you to be
the first to sign this.

Nominating petition for the office of
New York County District Attorney.

I need 10,000 signatures.

I'm too old to play Hamlet.