Law & Order (1990–2010): Season 5, Episode 23 - Law & Order - full transcript

A gay city councilman is murdered. The prime suspect is a conservative rival he may have double-crossed. The investigation also sets off a series of events that could cost Logan his detective position.

Are you wondering how healthy the food you are eating is? Check it -
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.

It's Stalinism! The Board of Education is
purging our lifestyle from the curriculum!

Will you please let Mr. Durban
answer the question?

They can pretend that we
don't exist, but you can't, Richard!

We elected you
to the City Council

and we damn well expect
you to stand up to them!

People, the bigger
issue before the Council

is health coverage
for same-sex partners.

That's a battle we can win.

That's your answer? Compromise?

It's called politics. You don't
get it, Richard, we want it all.

And if you can't deliver,
we'll find somebody who will!

You'll have your chance next
year. That's called politics, too.

Congratulations, Cliff.

Your talent for annoying people
hasn't diminished with age.

Between making friends and
getting results, it's a no-brainer.

Well, then, congratulations
again. You're failing on both counts.

What are you doing? You're nuts!
- Yeah? The hell with you!

Oh, my God. Richard.

I saw him, Officers. He had a
green raincoat. He ran towards 7th.

30 Charlie to Central. Signal 10-54.
We have a male down, Bleecker and 7th.

Councilman Richard Durban.
Caught one in the head. No exit wound.

All personal items are
intact. This lady saw it.

What did you see, ma'am?

I heard a loud voice.
They were arguing.

I was across the street. Then this guy
shot that man with a gun and ran away.

The one who shot,
what did he look like?

Well, I didn't see his face.

I just saw he was
wearing a green raincoat.

Thank you, ma'am. If you think
of anything else, tell the officer.

I saw him leave. He was by himself.
He lives just a few blocks away.

Anybody follow him
from the meeting?

You're accusing one of us?

I knew everybody in that
room. We're like a family.

I don't know many family reunions that
need a police detail at the front door.

That's to protect us from them,
the paranoid straight community.

That's who killed
Richard Durban.

Hey, fella, gay, straight, undecided,
give me a name, I'll make an arrest.

Oh, come on, you...
Thanks for your cooperation.

The community relations course the
department gave us sure paid off big time.

Yeah, don't throw
away your notes.

Detectives, we got something in
the trash can up near the corner.

Well, like the lady said,
it's green and it's a raincoat.

Any chance he
left his calling card?

No. But he left this.

I, along with every citizen of
New York, feel outrage and grief.

I want to offer the
city's condolences

to Councilman Durban's
family, to the people of...

Have we got a suspect to
go with those condolences?

Ballistics matched the slug
to the .22 in the raincoat.

No prints on the weapon, and
the serial number's been filed off.

Well, what about the raincoat?

The lab's working it up.

The pockets were
empty, no laundry marks.

We called the manufacturer.

The past year, they sold 8,000
of them in the five boroughs.

So you're proposing to put
an ad in at lost and found

and hope somebody claims it?

Well, we've gone public
about a suspect in a green coat.

Maybe someone saw
him on 7th Avenue.

Other than that, we
don't know anything yet.

How about you find
out by this afternoon?

You run into any
obstacles, call me.

Yes, sir.

The date for the memorial
hasn't been set yet.

Hold on. Contributions?

To the Gay Men's Health Crisis.

I still can't believe
it. It's such a waste.

Richard was the
first gay politician

who could make people
forget their prejudices.

That could make some
people very uncomfortable.

The lunatic fringe. They called this
morning to say good riddance and worse.

What did they say before
Mr. Durban was shot?

There were death threats.
Goes with the territory.

These kooks even
threatened his family.

You mean his parents
or his live-in partner?

No, Richard lived alone.
I meant his ex-wife.

She was very supportive
of Richard's politics.

Well, if we wanted to look up some of these
kooks, where would you suggest we start?

Talk to Councilman Crossley.
Kooks are his biggest boosters.

Yeah, I was watching the TV with
my wife when they flashed the bulletin.

Hey, I was stunned.

Was that just before you
broke out the champagne?

You must be kidding me, right? Besides
the fact that I liked Durban personally,

I also lost my
juiciest political target.

Well, we heard that some of your
supporters might not share your regrets.

So what, it's political? Is
that the line from downtown?

Right now, that's our line.

Look, guys, I pounded a beat for a lot
of years in Canarsie. I know how it goes.

You guys caught a heavy one,
you got the brass dogging you

to get this thing turned around in
time for the evening news, right?

Well, hey, have you even considered
that maybe Durban was mugged?

Considered and rejected.

Well, so what, he must've been
killed by some flag-waving redneck?

Excuse me, I must've been asleep

when the Village People took
over the police department.

Come on.

So much for the
politics of tolerance.

So what?

These people don't shoot each
other, they bore each other to death.

Hey, we got a guy shooting
up the White House.

Guess knocking off a gay
politician's not out of the question.

Well, before we roll out
the Warren Commission,

how about we take a look
at Durban's personal life?

Even for some
gays, it was messy.

And it's not for politicians?

Durban was gay and a politician.

We were married for seven years.

It took me longer than that
to accept who Richard was.

I had as much difficulty
with it as he did.

But we finally
became friends again.

And now, some sick mind...

So you think he was
targeted because of his views?

Yes. I campaigned
for him last year.

You wouldn't
believe the calls I got.

One time, my 11-year-old answered
the phone. They called him a faggot.

Did you know much about
your ex-husband's personal life?

Is that a nice way of asking
if he cruised the gay bars?

Richard was 47. His wild
oats were sown a long time ago.

With all due
respect, Mrs. Durban,

some of us older guys
still have some life left in us.

I'm not suggesting
he was celibate.

For a few months now he's
had a young friend living with him.

His assistant said
he was living alone.

Richard was discreet.

Did you ever meet this person?


But Richard and I had rearranged
our son's visiting schedule.

Did your husband ever
tell you his friend's name?

Joe. I don't know his last name.

Go ahead, open it up.

Has Mr. Durban's roommate
been around today?

Haven't seen him.

Well, I've been in the
basement fixing the boiler.


But you've met him,
right? Oh, sure. Mr. Gibb.

He's usually in during the day.

The dresser and the closet
have been cleaned out.

Looks like he took the
art collection with him, too.


Think he went out to
make funeral arrangements?

Is this Mr. Gibb?

Yeah. Nice young
fella. Very popular.

How so?

He seemed like he had a lot of friends
coming in and out of here every day.

When Mr. Durban
was out? Yeah, I guess.

The lab found some hairs on
the raincoat. What have you got?

New evidence that
May-December romances don't work.

Seems like Mr. Gibb wasn't quite
as fond of monogamy as Mr. Durban.

Anything else? Yeah.

We pulled the LUDs
on their apartment.

Figured any calls made
during the day were from Gibb.

Anybody he called
might know where he is.

But mostly it's pizza
parlors and a hair salon.

There's a lot of 812
prefixes. Beepers.

Yeah. We left our
number for call-backs.

Keep me posted.

Oh, no, I'd really
like to surprise him.

Just tell him it's an old
friend. Oh, sure, I'll hold.

Mr. Barnett? Oh, hi.
My name's Mike Logan.

Yeah. Well, actually, we...

We have a mutual
friend. Joe Gibb.

Yeah, I'm trying to
get in touch with him...

Hello? Hello? He hung up.

I had two of those.

Soon as I mention Gibb's
name, I get the dial tone.

Makes you wonder what
they're up to with Mr. Gibb.

Yeah? Oh, yes, I beeped you.

Yeah, I got your
number through Joe.

What do I like?
Well, nothing bizarre.

Yeah, matter of fact, I've got a
lunch break right now. Can you meet?

My name's Lennie. Okay,
Eddie, I'll meet you there.

Eddie? I got a date.

What do you think,
shall I stick with this tie?

Well, that's my
personal favorite.

I got to tell you, Lennie,
you look just like my dad.

Well, you don't look
anything like my kid.

Yeah, well, you should've
seen me last year.

I was working the 12th
Avenue piers in drag.

Makeup and a Wonderbra. Got a
lot of attention from married guys.

You married, Lennie? On and off.

Married guys, they like to pretend
they was coming on to a woman.

Soon as you get them alone,
they go straight for the cookies.

Yeah, well, that's
very informative, Eddie,

but I don't have a
whole lot of time here.

Okay. Routine question I gotta
ask. You're not Vice, are you?

No, no. Okay.

So what's the deal?

Deal is, if we're talking
French it's one thing,

if we're talking
Greek, it's another.

Well, what if I want the
whole Berlitz course?

100 and a half, plus the room.

Well, let me see if I
have enough on me.

Let's make this a
threesome, okay?

This is entrapment. You
said you weren't Vice.

We're not, we're Homicide.
Keep your hands on the table.

What's going on? I got
nothing to do with no homicide.

What's this for, packages?
That's personal protection.

I run into a lot of weirdoes.
Weirdoes like Joe Gibb?

Joey? Joey's one of my
matchmakers. Why? What's he done?

He's disappeared, for starters. He
cleared out of his 17th Street apartment.

You know where
we can find him? No.

Well, you can think about
it tonight in the holding cell.

Wait a minute, wait
a minute. I guess...

I guess one of his boyfriends
caught on to his little sideline.

Joey called me this morning.

He said he'd relocated to
the Royale on Lex, okay?

- Mr. Gibb, it's the manager.
- Yeah, what do you want?

There's a leak in the room under
you. I have to check your bathroom.

Jesus! Don't move. Police.

What the hell is this? Shut up.

He's clean. Sit down.

You wanna tell me what's going
on here? When we're in the mood.

Hey, where did you get
these? What? I own them.

They look a little big for you. A
friend of mine gave them to me.

Are these a gift,
too? Yeah. So what?

You can help us hang
them in the precinct.

Let's go. Come on.

You guys got the wrong idea here.
Richard wanted me to have those things.

For something to
remember him by.

You don't strike me
as a sentimental guy.

No? Inside, I'm a big pussycat.

So did Durban know you were running
an escort service out of his apartment?

So what if he didn't? I'm just
helping people make a connection.

It's a lonely city out there.

Yeah, you seem to be a
real goodwill expert, Joey.

We looked at your yellows. Multiple
arrests for prostitution, public lewdness.

There's nothing violent in there.
Just consenting adults having fun.

Maybe Durban decided to spoil
the party. He found out, didn't he?

No. Wouldn't matter if he did.

Richard had a hard spot
for me. Wanted to reform me.

But a boy needs his amusements.

Then why did you run?

Figured the police would
come knocking. And...

Nothing personal,
guys, but I don't like cops.

You better start
liking us, pretty boy,

because you're gonna
spend a lot of time with us.

Now, what were you doing when
Durban was shot around 10 p.m.?

I was home. Look,
why don't you lay off me

and go bother that right-wing
messiah, Councilman Crossley?

He rang the bell about 9:30. He
had a bug up his butt about something.

You talked to him?

No, but I saw him
through the peephole.

Did you see what he was wearing?

Yeah, some kind of a green
coat and a pissed-off look.

I had company. I didn't
want to deal with him.

Yeah, well, your company better have a name
and better remember you real well, Joey,

or you're gonna find out what
cops like to do for amusement.

Leo Barnett. We
were playing pinochle.

I'm Detective Briscoe.
This is Detective Logan.

Oh, nice to meet you. But I
don't know how I can help.

Actually, Mr. Barnett,
we've already met.

On the phone. I called to
ask you about Joey Gibb.

Oh, that was you. Thought
we were disconnected.

I didn't know it was the police.

Mr. Gibb said he was with
you when Mr. Durban was shot.

He said that? What do you say?


You had to think about it?

I had gone to Councilman
Durban's house to drop off a report.

He chaired the Council
Transportation Committee.

Mr. Gibb told me Durban
would be home soon.

I needed to explain some charts
to him, so I waited a little while.

Were you with Gibb at 10:00?

Yes. I left about 10:15.

You see anybody
else at the apartment?

No. But I heard the doorbell.

Mr. Gibb told me that
Councilman Crossley had come by.

He went there to drop off a
report. To drop something.

Either way, he backs up Gibb's
alibi and his story about Crossley.

Pretty damn neat.

Maybe Gibb said, "If the cops
come by, tell them you were with me

"or I'll have a chat
with your wife."

What, a little blackmail?

How do you want to check it out?

Let's find out what time
Mr. Barnett gets home.

I told you, I don't
know anything else.

We just have a
few more questions.

- Mind if we come in? MRS.
- Who is it, Leo?

Just the super.

Can't we talk in
my office tomorrow?


Now look, we thought maybe we
could sit down with you and your wife,

talk about Durban, Gibb,
some of your other friends.

What do you want? Well, for
starters, what were you doing

with Joey Gibb at
Durban's apartment?

What do you think I was doing?
All right? Will you leave now?

Did Durban know
what was going on?


Yes. Joey said Durban found out what
he was doing and was throwing him out.

Okay, so when you finished doing
what you were doing with Joey,

are you sure about
the time you left?

You think Joey shot Durban?

Well, you said Durban
was throwing him out.

Ask him again about linoleum.

That's what I'm doing.

Are you sure you didn't leave earlier?
Are you sure you were still there at 10:00?

Yes. I don't know.

Whatever you say,
okay? Whatever you want.

Yes, ma'am. Van Buren.

So what do you want to tell her first?
That Gibb says he was with Barnett

when Durban was shot, or that
Barnett says maybe he wasn't?

Barnett would've said anything
to keep us out of his apartment.


Gibb's hair doesn't match
the hairs on the shooter's coat.

We can live with that. Gibb
said he saw Crossley mad

half an hour before the
shooting, wearing a green coat.

Crossley. Look at this.

From the City Channel.

Rights, always rights.
I talk about decency.

Why is a gay teacher any more likely
to make indecent advances to a student

of the same sex than a straight
teacher is to make advances

to a student of
the opposite sex?

Well, that's what I
was gonna ask you.

What is it about you people?
Are we here to debate,

or pander to the grossest
stereotypes about gay people?

Stereotypes? How many lovers
do you have in a year, Mr. Durban?

In a week? In two hours...
Crossley told you he liked Durban?

Bars? I resent that...

You resent? I resent you...

Okay. Well, let's
check his alibi.

My children. My son

to grow up in a city where
people are not taught to hate...

I was a cop's wife for
20 years. I know the drill.

So can you tell us where your husband
was the night Councilman Durban was shot?

He was supposed to speak at a
fundraising dinner on Fulton Street.

But he got tired, so he came
home early. About 10:00.

You mean he passed up a
chance to make a speech?

If Kevin accepted all his speaking
invitations, he'd never be home.

He's very strong for the family.

I believe he mentioned that in
one of his debates with Mr. Durban.

Those weren't debates.
That was a nightclub act.

Yeah, the one we saw
looked like a pier-six brawl.

You gentlemen don't know a dog
and pony show when you see one?

You're saying it was all faked?

No, they disagreed,

but they were friends.

They helped each other score points
with their constituents. It's done a lot.

I wouldn't exactly say friends.
More like each other's evil twin.

But the brawls were an act.

We called it the "Fag
and Redneck Review."

Sounds like you didn't approve.

I was Richard's
campaign manager.

Half of me felt it
undermined our legitimacy.

And how'd the other half feel?


When Richard got a hearing for
health benefits for same-sex partners

at the Knights of Columbus.

So Crossley was his
ticket to a wider audience?

Until Richard got tired of the shtick.
He called it quits a couple of weeks ago.

Did Crossley
get tired of it, too?

Crossley had trouble
separating show biz from reality.

He thought he and
Richard were pals.

He asked Richard last week
to do a debate in Staten Island.

Richard had to say no
three times and spell it.

You got to love these guys.

They pretend to be friends so
they can pretend to be enemies.

Yeah, and you wonder why
they can't get the potholes filled.

Now, Crossley's a
Brooklyn politico, right?

Yeah. A Coney Island baby.

So why does he want Durban
to take their act to Staten Island?

And he's up for re-election next year
and he passes up a major fundraiser

the night Durban gets killed?

All right, either he needs a new
campaign manager or we need a new map.

Crossley. He rode in on last
year's conservative revolution

and he was riding right back out again
because the census bureau can't count.

Can't count what?

minorities, immigrants.

The city sued to get
them counted and won.

Gets more federal
funds, but it has to

redraw the lines for
City Council districts.

Oh, so Crossley's district
was getting erased?

It's not official, but yeah.
Thanks to the late Mr. Durban.

He wasn't in charge
of redistricting, was he?

No, a commission was. But it has
members who are close to people

who wanted a favor from people
Durban helped out on a zoning matter.

So the fix was in.
Durban was... You know.

But he had a strong political will.
He knew how to get what he wanted.

Did Crossley know
what Durban did to him?

I knew it. He knew it.
My secretary knew it.

My respect for Durban
is growing by the hour.

Yeah, he's so smart he's dead.

If Crossley knew how
smart Durban had been...

Hello. Yeah. Put me
through to Ballistics.

It's Logan. You beeped me?


Where? All right, thanks.

They raised the serial
number on the murder weapon.

It was stolen from a gun
shop in Brooklyn in 1985.

Great. That means it could've been
through more hands by now than...

Where in Brooklyn? Canarsie.

Crossley's old precinct.

We talked to your partner,
Crossley. You busted that burglar.

Yeah. When I was a cop, just like
you guys. We are on the same side here.

Well, the problem is, the burglar had
16 guns in his car when you stopped him,

and you only turned in 15
guns to the evidence room.

16, 15... So
somebody miscounted.

Or you helped
yourself to a drop piece.

You check my service record. 20 years on
the force, and I always went by the book.

You show us where in the book it
says you can lie to a police officer.

Or maybe it just slipped your mind
to tell us you were at Durban's place

half an hour before he got shot.

I didn't think it was relevant,

since I was home
when he was killed.

Well, what did you want to see
him about that was so pressing?

We were supposed to debate each
other in Staten Island. Durban begged off.

I thought he owed
me an explanation.

Our witness said you
looked pretty upset.

I was upset. Because
he wasn't there.

No, you were upset because Durban
wiped your Council district off the map.

It's politics. In his shoes, I
would have done the same thing.

And we think you
did, but with a bullet.

I might have
disagreed with Durban,

but don't confuse me with
some gay-bashing skinhead.

Why, because you wear a suit?

Now, I did not kill
Richard Durban. You guys

got the brass and the
media on your backs.

Don't try to make it my problem.

Now, I've answered your
questions, and I have work to do.

Councilman Crossley.

Motive, access to
the murder weapon,

and everyone who knows him says
he sometimes wore a green coat.

We searched his house, his office,
we can't find it. And he won't produce it.

The one in the trash can fits him and
hairs on it are consistent with his hair.

Consistent with his...

They match his hair color,
thickness and cross-sectional shape.

That's the best
forensics can do.

But his wife gives him an alibi.

She loves her husband.
And she hates perverts.

It's gonna tear the city apart.


So I'll call Crossley's lawyer and
arrange to have him turn himself in.

You really think you
can convince a jury? Yes.

It's a show. The establishment
politicians don't care about convicting me.

They just need to show they're
politically correct by indicting me.

Mr. Crossley, you are not on trial
because you didn't buy the black Barbie.

You're on trial for murder.

Yeah? Well, let me tell you something. If
Richard Durban had been heterosexual,

you never would've
trumped up this travesty.

If he had been heterosexual,
he wouldn't even be dead.

What's that supposed to mean?

His choice of
friends. His lifestyle...

Are not on trial. Come on.

So you were one of the founders of
the New York Gay Conservative Caucus?

It's not an oxymoron, Ms. Kincaid.
You don't have to be heterosexual

to think the welfare state
destroys individual responsibility.

So you supported both
Durban and Crossley?

Durban on gay rights,
Crossley on everything else.

Okay. And you passed back
and forth between the camps?

It's not like I was a spy.
They both were expecting me.

And you were aware of the strings Durban
pulled on the districting commission?

Yes. Okay. Did
you tell Crossley?

Do you really believe
Kevin Crossley's a murderer?

The jury's going to decide that.
You'll have to tell them what you know.

These are very difficult times for
us. The gays or the conservatives?

The gay conservatives.

My constituency was
happy the way things were.

I told Councilman Durban I
thought he'd made a mistake,

that he should do what he could to see
that Councilman Crossley kept his seat.

And what did Mr. Durban say?

That I'd have to find some
other Neanderthal to support.

And what did you do, Mr. Wiley, after
you had your conversation with Mr. Durban?

I called Councilman Crossley.
I told him what happened.

How did he react?
He was stunned.

He said he would talk
to Mr. Durban himself.

To your knowledge, did that
conversation ever take place?

Yes, it did.

And did you speak to
Mr. Crossley about it afterwards?

Yes. He told me I wouldn't have to
explain him to my friends anymore.

He'd be leaving the Council.
Did he seem upset about that?


He made a joke.
Thank you, Mr. Wiley.

Sir, what was the joke?

He said he was thinking
of moving to Manhattan,

becoming a fairy, and
running against Durban.

I met Richard professionally.

In the course of your
duties as a prostitute.

Hey, I'm not proud of that.
Richard helped me get out of the life.

He was a wonderful man.
Everybody misses him.

Before the murder, were you
acquainted with Councilman Crossley?

Not professionally.

Yeah, I'd seen him with Richard.

So you have no doubt that it was
Councilman Crossley that you saw

half an hour before Richard
Durban was murdered?

Plain as day. Banging on
the door. He looked very upset.

But you didn't open the door?

Didn't think he wanted to talk to
me. I knew I didn't want to talk to him.

Thank you.

How many times have you
been arrested, Mr. Gibb?

Five, six. Not counting
the day after the murder,

when the police found you with several
thousand dollars' worth of property

belonging to Mr. Durban?
Richard gave me those things.

After he was dead?

Well, he wasn't gonna
need them after he was dead.

The day of the murder, hadn't Mr. Durban
just thrown you out of his apartment

because of your
pimping and whoring? No.

The police found you in a hotel.

My relationship with
Richard was in transition.

Too bad for you.

Durban paid your rent,
Durban bought your groceries.

Didn't he even fix
your parking tickets?

That meter was broken.

Mr. Gibb, didn't you have good
reason to murder Richard Durban?

No, I loved him.

He loved me.

Yeah. Very touching.
A hustler in love.

We don't get to choose
who our witnesses are.

Gibb is the one who happens
to have seen Crossley.

Yeah, well, Powell made
him look like the murderer.

Here you are, Mr. Schiff. Yeah,
but Gibb's hair doesn't match

the hair on the coat.
Powell will argue...

Thank you... that the
hair got on the coat

when it was put in the trash
can. But Durban was shot at 10:00,

and Gibb was with
Leo Barnett at 10:00.

Barnett. Family man.

Are you going to tell the
world about his secret life?

No. I don't have to ask Barnett
what he was doing with Gibb,

I just have to ask him
when he was doing it.

Powell might bring it up.

Let him.

Just because Barnett is a closet homosexual
doesn't mean that he can't tell time.

It was about 9:30 when
I heard the doorbell.

And what time did you
leave the apartment?

A few minutes after 10:00.

Was Mr. Gibb
there when you left?


And was Mr. Gibb there the
whole time you were there?


Mr. Barnett, didn't
you tell the police you

might have left Mr. Gibb
alone before 10:00?

I don't think so.

I have Detective Logan's report on
his interview with you in your apartment.

You said you didn't
know what time you left.

I do know when I
left. It was after 10:00.

I see. Now, you'd been to Mr. Durban's
apartment before, is that correct?

Yes. He was chairman of the
committee that oversees my department.

I would meet with him a
couple of times a month.

Mr. Barnett, do you
drive a blue Chrysler?


And when you visited
Mr. Durban on Wednesday nights,

you parked it on 12th
Avenue, near the piers,

more than a mile from
Mr. Durban's apartment?


I'm sorry. I meant 7th Avenue. Is that
where you parked the night of the murder?


Now, you were saying you don't
remember what time you left the apartment?

Objection. The witness has
already said he was very sure.


Just remind me then,
please, Mr. Barnett.

What time did you
leave that apartment?

I, uh...

I think it was around 10:00.

You didn't check your watch as
you walked out the door, did you?

No. No, I didn't.

So it is possible

that you left Mr. Gibb
before 10:00?

Yes. I suppose it is.

So you don't know
where Mr. Gibb was

when Mr. Durban
was murdered, do you?

No, I don't.


I'm sorry about your witness, Jack.
If I were you, I'd have the police take

another look at Gibb
after my client is acquitted.

That was way beyond sleazy.

You really shouldn't take
these setbacks so personally.

You as good as told Barnett you had
evidence that he cruised gay prostitutes.

You even told him
the time and the place.

I just asked a few
simple questions.

The man is terrified
of being exposed.

He gave you the answers
you wanted to hear.

You committed blackmail
in front of 200 witnesses.

Blackmail? You gonna arrest me?

We can undo the damage
by nailing Barnett on redirect.

Make him explain
what Powell did to him.

The jury already heard Barnett change his
story once. If we make him change it again,

they won't believe
anything he says.

So we let him shoot us
in the foot and walk away?

Briscoe and Logan
interviewed Barnett at his office.

A few hours later, they
interviewed him at home.

Do you think that they went back
just because they forgot to ask him

what his mother's
maiden name was?

The cops blackmailed him first.

We'll let one of them explain
why Barnett's story is so flexible.

Okay, we went to
Barnett's apartment,

and we might have threatened
to raise our voices. So what?

With his wife in the next room.

Was she? Geez, I
didn't see her there.

His wife who doesn't know about
his hobby of picking up young men?

Hey, we got the guy's attention.

He'd been having a little
trouble focusing up till then.

So you coerced his cooperation.

No, we conducted an
effective witness interview.

At that point, you suspected Gibb. You
were hoping Barnett would incriminate him.

He got the message and gave
you what you wanted to hear.

Maybe. But then we moved on to
Crossley and got you your actual killer.

Who may be acquitted because
the defense is using the statements

you coerced from Barnett.

What do you want us to do,
slap each other on the wrist?

No. I want you to tell
the jury what you did.

At the time of our second
interview with Mr. Barnett,

our prime suspect was Mr. Gibb.

And you were trying hard
to break Mr. Gibb's alibi.

That's correct. Detective Briscoe
and I suggested to Mr. Barnett

that we might tell his wife he
was patronizing gay prostitutes

if he wasn't
completely forthcoming.

And it was only then
that he said he was

uncertain about what
time he left the apartment.

Yes. Basically, he would have
said anything to make us go away.

But until you used
excessive pressure,

he'd been clear that he'd
been with Mr. Gibb until 10:15?

That's correct. Thank you.

Isn't it possible that Mr. Barnett
was telling you the truth

in his second interview?

He would have told us Gibb was a
hit man from Mars if we wanted him to.

I see. Are you familiar with
Section 135.60 of the Penal Law?

I don't have that one memorized.

Then you can just read
the highlighted section.

"A person is guilty of coercion in the
second degree when he compels or induces

"a person to engage in conduct

"by instilling in him a fear
that he will expose a secret."

It's your testimony that that's
what you did to Mr. Barnett?

Yes. Have you been
charged with coercion?

No. How nice.

You must have a friend in
the District Attorney's office.

Objection. Sustained.

Make it a question,
Mr. Powell, if you have one.

I'll withdraw it.
Detective Logan,

you said Mr. Gibb was at one time
your primary suspect in this case.

Why was that?

Because he disappeared
from the victim's apartment.

Didn't you also suspect
him because he was a pimp

and a prostitute involved in a
homosexual affair with the victim?

Actually, we didn't know
if that would be relevant.

Really? Wasn't your suspicion of
Mr. Gibb based in part on your knowledge

that many gay lovers'
quarrels turn violent?

I wouldn't know about that.

You've investigated murders resulting
from gay lovers' quarrels, haven't you?

Yes. Tell me, are you
familiar with an expression

some police officers use to describe
a murder in a gay neighborhood

even before they know the
circumstances of the crime?

I'm not sure what you're referring
to. I think you do, Detective.

Do I have to bring in witnesses
who've heard you say it?

Can I avoid that embarrassment?

They call it homo-cide.

"Gays are unstable.
Gays are violent."

"They're so emotionally fragile,

"they just go off their
pretty little heads."

Powell's giving the jury a short
course in negative gay stereotypes.

It's 1995. I hope
they'll know better.

Read the newspaper.

Two Americans in five
think homosexuality is a sin.

Don't worry about two out of
five, worry about one out of 12.

I was at home with
my wife. All night.

Regarding People's 18, sir,

did you acquire this gun
from a burglar in 1985?

I've never seen this gun before.

Did you blame Richard Durban
for taking away your Council seat?

No, of course not. I was planning
on quitting politics anyway.

I mean, in New York
City it's too late for

politics. My wife and
I are moving upstate.

When did you last
speak to Richard Durban?

The day before he was shot.
He came by my office. He...

I might not have approved of
Richard's lifestyle, but we were friends.

He had some problems
he wanted to talk about.

What kind of problems? JACK:
Objection. That would be hearsay.

So it would, Mr. Powell.

As a result of your conversation
with Mr. Durban, what did you do?

I gave Mr. Durban some
advice about personal security.

Personal security? Yes. He
was afraid of his boyfriend.

Objection. Move
to strike. Granted.

The jury will disregard
the witness's last remark.

Mr. Crossley, did you
shoot Richard Durban?

No. No, I did not.

If you were planning
on quitting politics,

why did you want to debate
Richard Durban on Staten Island?

We had a commitment. A
commitment you made because

you were thinking of moving to Staten
Island and running for City Council there.

Isn't that right? I told
you, I'm quitting politics.

I'm sure you are now, but
then you wanted to stay in

and you needed Richard
Durban to help you.


So you just wanted to debate
Richard Durban for your health.

I thought it would
be a public service.

To give potential
voters an opportunity

to hear you speak. Not me.

But I thought they should see
someone like Richard Durban.

An intelligent,
successful politician

who had just succeeded in
running you out of city government.

I thought they should see someone
who acted contrary to nature and to God.

Come on, Mr. Crossley,

you couldn't have found his
sexual orientation that upsetting.

You just said you were friends.

Well, only as long as I could stop
myself from thinking about what he did.

Where he did it. Sex in
those bars, sex in the streets.

Mr. Crossley... Sex with that
sleazy hustler he picked up...

Will Your Honor instruct the
witness to confine his responses...

I'm surprised he lived as
long as he did. You bastard!

You killed him, and now you smear him!
- Order!

Order in the court. See?
Associating with people like that.

The officer will
remove that man.

You gay-baiting pig!
You killed Richard!

Order in the court! We're
queer and we're here!

We're queer and we're
here! Sit down or I'll cite you.

You see what we have to deal
with? You see what they're like?

Mr. Crossley, that's enough.

That's why I'm
leaving this town.

That's why. Right
there. Order in the court!

Right there. Right there.


After the murder of a prominent
public figure like Richard Durban,

there is a desire to blame.

Mr. Durban's followers
want to blame Kevin Crossley

because they think he
fits their idea of a villain.

But the evidence against
Councilman Crossley does not fit.

There are no witnesses.

No bloodstains.

No fingerprints.

Just a hair and
an old raincoat that

could have belonged to anybody

and a gun Councilman
Crossley never saw,

plus the testimony of a
professional criminal and deviant.

I hope, Councilman
Crossley hopes,

that the killer of Richard Durban
is found and brought to justice.

And as soon as you acquit Councilman
Crossley the police can begin to look

for that killer in the
right places. Thank you.

When you were sworn in,

you promised to put aside
prejudice in the search for the truth.

The defense took no such vow and
so they have regaled you with tales

of the homosexual lifestyle which
have nothing to do with the case at hand.

Richard Durban was killed

because he had Kevin Crossley
thrown off the City Council

and he refused to help
him get back on again.

Crossley was hurt
and he was angry.

He had a green
raincoat and he had a gun

which disappeared from police
custody while it was in his possession.

He went looking for Richard
Durban and he quarreled with him

and then he shot
him down in the street.

Richard Durban wasn't
murdered because he was gay.

He was murdered because
Kevin Crossley was angry.

Mr. Foreman, do you see any
possibility that you can reach a verdict

given additional time?

We have tried, Your Honor.
We are hopelessly deadlocked.

Very well. You are
dismissed with thanks.

Mr. McCoy, Mr. Powell, we'll meet
in my chambers tomorrow at 10:00

to discuss a new date, if
the People wish to proceed.

The defendant's
bail is continued.

If we wish to proceed?

We try him again,
they'll gay-bash again.

Is there a sucker on every jury?

It's hard to say. They
don't wear a sign.

So my mea culpa was
for nothing. I'm sorry.

Well, at least you didn't
arrest me for coercion.

It's just a Class-A misdemeanor.

Pig! Pig! Pervert!

Pig! Pervert!

We're on the same
side, if you don't know it.


Logan doesn't deserve
this. I mean, you were there.

I wanted to punch
Crossley myself.

But you didn't.

And the federal prosecutor in Oklahoma
isn't going to punch anybody, either.

It's called the rule of law.

Otherwise, what's the point?

So what do you think
will happen to him?

He'll be walking a beat in Staten
Island for two-and-a-half to five.

He'll be fine.