Law & Order (1990–2010): Season 7, Episode 20 - Law & Order - full transcript

Detectives Briscoe and Curtis investigate the murder of Matthew Sherman who is found by his sister shot to death in his car. She who had earlier been waiting for him in a nearby coffee shop. It has all the appearance of a mugging and the main suspect is a young man who had also been in the coffee shop briefly. They locate the man, Mike Bodack, at his wedding rehearsal dinner and he claims he had helped Sherman change a flat tire. When they find a drop of the victim's blood on his jacket they arrest him at his wedding. Bodack claims he saw a man with a snake tattoo on the back of his hand and the investigation leads them to Ricky Garcia but when most of the evidence is ruled inadmissible Garcia is out on the street. The only way they'll get a conviction is to have Bodack testify but he's proving to be a reluctant witness.

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NARRATOR:
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.

WAITER: You sure your
brother said Jack's Donuts?

Yes.

Because there's another
donut place over on Hudson.

He picked me up here before.

Actually it's more like a coffee shop.
But they got donuts.

Pat's. Jack's, Pat's.
Kind of sounds alike.



And we're the only places that
are open on Sunday mornings.

Your brother
might've confused them.

Hey, what if he comes?

Tell him I went home.

Pretty girl.
Nice ass.

If I weren't getting married
next week, maybe I'd tag along.

Excuse me, are you
gonna order anything

or just help yourself
to the paper products?

I'll take a coffee to go.

I was married once.
Didn't work, though,

'cause I was hardly ever home.

You think these
donuts make themselves?

5:00 in the morning I gotta be here.

Keep it.



Oh, come on, Matthew, what
are you doing? Oh, God.

Oh, God.
Oh! Matthew!

Oh, God! Somebody help!
Help! Help!

Three to the chest.
No wallet or watch.

We found shells over here,
sent them to the lab.

Robbed while he was
changing the tire.

Two sets of palm
prints on the hubcap.

Looks pretty fresh.

M.E. Says maybe
within the hour.

Who is he?

Matthew Sherman.

Registration shows a Woodmere address.
Guy's sister found him.

They're giving her something
to settle her down.

He's got scraped up knuckles.
Maybe he put up a fight.

And lost.

(SIRENS WAILING)

(SOBBING) Matthew was gonna...

He was gonna pick me up at the
donut shop on Washington.

Where were you going?

We were gonna go visit
a friend in Princeton.

When he was half
an hour late, I figured

there'd been
some sort of mix-up,

so I decided to go home.

He...

If he hadn't been
coming to pick me up,

this never would've happened.

Hey, you had
nothing to do with this.

You're not responsible for every
psycho walking the streets.

CURTIS: Did you notice
anyone in the area

before or after you found him?

Um, there was just the donut
shop guy and another customer.

When did the other customer arrive?

Right before I left.

You remember
what he looked like?

What kind of
clothes he was wearing?

Any distinguishing
characteristics?

He was sort of average
looking, you know.

He had jeans on and a windbreaker,
and he was wearing a cross.

You know, it looked
sort of medieval.

Did you talk to him?

Mmm-mmm. I think he just
wanted to clean his hands.

They were covered with grease.

The palm prints they found.

I don't understand.

Why would anyone
want to kill Matthew?

He never hurt anyone.
They got his wallet.

It isn't fair!

How perfect is this?
Cops talking to a donut guy.

Yeah. Tell us about
the customer

who came in just
before the girl left.

The one who cleaned his hands.

Barely a customer.

He takes about 50 napkins,
and then he starts to leave.

Well, after I call him
on it, he orders a coffee,

then thinks he's a big shot
because he tips me a quarter.

What I lost on napkins,
I barely broke even.

Take these down to the lab.

Right.

Did he mention his name or say

where he was coming from or going to?

Nothing except,
"Give me a coffee"

and how if he wasn't
getting married next week,

he'd be putting
the moves on the girl.

Which I thought,
"That was out of line."

But I didn't say anything
because it's not my business.

My business is selling donuts.

Thanks for clearing that up.

Paper's all over this.
"Perfect Son Shot Down."

The kid worked his
way through Princeton,

got some big job
on Wall Street.

He still volunteered three days a
week at some youth center uptown.

That cross everyone saw him wearing?
I checked around.

It's Greek Orthodox.

I don't care if
he's a Buddhist.

CURTIS: Hey, the guy said he
was getting married, right?

So I checked with all the Greek
Orthodox churches in the area.

Four weddings
scheduled this week.

Maybe one of
the priests knows him.

Good. Get on it.

I'll get these circulated.

Just in the neighborhood.

For all we know, this
guy is just a witness.

Hey, this was in
all the papers.

If he's only a witness,
he would've come forward.

Yes, he was here.
Seemed like a nice young man.

Talked about basketball.

You know his name?

We didn't talk more than five minutes.
I'm sure he mentioned it.

Michael something, I think.

This Michael, is he the one
getting married here Saturday?

No. He wanted to, but his
fianc?e wasn't of our faith.

Jewish.

Is he a member of your church?

Because his address
would be a big help.

I'd never seen him before.

He said he'd just moved here and
wanted a wedding in our church

because his fianc?e
lives in the neighborhood.

Is there a synagogue
in the neighborhood?

Looks like Ruth
Gottlieb's fianc?.

You met him?

They wanted to have
their wedding here,

but I don't perform
interfaith ceremonies.

Do you remember his name?

Yeah. Michael Romak. Bardack.
Something like that.

I'm one of these guys gets
introduced to someone at a party,

five minutes later their
name's a complete mystery.

Well, what about Miss Gottlieb?
Do you know where she lives?

She's an active member.
I'm sure she's in our files.

The landlord sent you?

No, ma'am, we're the police.

I didn't pay the rent
because the damned landlord

won't fix the blinds. They're crooked.
I called four times.

Ma'am, do you know your
neighbor, Ruth Gottlieb?

Never met her.
But I hear through the walls.

BRISCOE:
Thin walls, huh?

Not thin enough. I have to hold
a glass up to hear anything.

(SIGHS) Do you know
where she is now?

Her rehearsal dinner for her wedding.
At Pasta D'oro.

You wouldn't happen to know who
she's marrying, would you?

Mike Bodak. A bellhop.
If you ask me, she could do a lot better.

Thanks for your help.

Sorry, guys,
this is a private party.

We need to talk to Mike Bodak.

Mike, you know these guys?

No.

He says he don't know you.

This is my daughter's rehearsal dinner.
I don't want it disrupted.

Oh, a sergeant with
the Housing Authority.

Raise you, Sarge.

CURTIS: We need
a minute with Mike.

Mike.

These guys are detectives.

Daddy, what's going on?

Why don't we step out
here for a minute, huh?

Stay with your mother.

I'm your witness, Mike.

Mike, we need to know what you
were doing last Sunday morning.

I had brunch at Ruth's.

What about before brunch?

He worked all night.
The kid works his butt off.

I worked the overnight
shift on my job.

I'm a bellman at
the Warren Hotel.

What time did you leave work?

About 9:00.

Helped a guy change a flat.

Went to a donut shop,

and walked over
to Ruth's. That's it.

This about the guy who got shot?

Oh, you know about that, huh?

Saw something in the papers.

And you didn't think it was
worth it to mention to the cops

that you had contact with this
guy just before he was killed?

Well, I didn't see anything.
And between working 16 hours,

and the wedding and...

So you got him for
donut shop patronage

and helping a guy with a flat.

You gonna put in
for a commendation?

Hey, shut up,
Sarge, or we take him

down to the stationhouse right now.

You think I had something
to do with it?

I helped a guy change a tire.

Where'd you get
the money for this?

I'm gonna put it
on my credit card.

Yeah? Well, the restaurant
manager told me

Mike paid him in cash.
480 bucks.

I got a big tip at work.
A Saudi prince took over the whole floor.

All right, we're gonna need
your work and home addresses.

Yeah.

Let's get a couple of
uniforms to sit on this kid.

Yeah, Mike worked Sunday.
Graveyard shift.

What time did he get off?

He was on the clock till
9:00, but he left at 6:00.

How do you know that?
He asked me to punch him out.

He said he had some
business to take care off.

What kind of business?

He's been working
all kinds of jobs,

looking for extra
money for the wedding.

I guess that's what
it was connected to.

Any Saudi princes lately?

Yeah. Nine or
10 months ago.

Laid $50s on all of us.

We got a problem, Mike.

I got a problem, with those
cops you got tailing me.

You mind if we come in?

I gotta go to work.

I don't know, Mike.
From what we hear,

that job of yours has
pretty flexible hours.

Last Sunday, you left
at 6:00, not 9:00.

And that Saudi prince, he was
in town nine months ago.

Let me give you a piece of advice, Mike.
Lying to us is really stupid.

I was gonna call
to explain all that.

Well, it better be
real convincing.

I've been working for a
bookie the last few months.

Answering phones.

I took it to
make some extra cash

to cover the wedding expenses.

I left work last Sunday to
handle early playoff action.

And you didn't
tell us that. Why?

Because you
thought we'd bust you?

Yeah. That and you asked me in
front of Ruth's dad. He's a cop.

I don't think he'd go for his
son-in-law working for a bookie.

In case you forgot, I'm
getting married tonight.

You know, we ran your name
through the computer.

Does Ruth's dad know you were
arrested for auto theft?

When I was 17.

Yeah, but you'd still know
how to unload a fancy car.

Car thieves like empty cars.

Hey, you needed the cash.

You lied to us about
when you left work.

You lied about
working for the bookie.

That's hindering prosecution.
I could arrest you for that right now.

Look, what do you want me
to do, make something up?

I'm telling you
what really happened.

Hey, if that's
what really happened,

then you won't mind us looking
around your place, right, Mike?

Yeah, go ahead, you know.
If it's gonna get rid of you.

I gotta get to work.

You know, those cops
downstairs will be there, too.

Sherman's sister
said he was wearing

a dark blue windbreaker, right?

Yeah.

There's a dark spot right here.
You can hardly see it.

Oh, that could be blood.

I don't like the motive.
He pulls stick-ups but he works two jobs?

You've never had to
impress a fianc?e.

Bodak's been
clean for 12 years.

One of the other bellhops
said he promised

his girlfriend
a honeymoon in Hawaii.

Now, I think he looked at Sherman
and saw two tickets to Maui.

Home run on the jacket.
It's Sherman's blood type.

What the hell is this?
I answered your questions.

You're under arrest for the
murder of Matthew Sherman.

What?
You want to step outside

so we don't have to
embarrass your guests?

I thought you took care
of this, Mike. I did.

So what's going on here?
RUTH: Mike?

We're making an arrest.

What is this?

This is our wedding.

It's some kind
of mix-up, honey.

You have the right to remain silent.
I'll be back in an hour.

Anything you say
can and will be used

against you in a court of law.

You couldn't wait, could you?

You couldn't wait three hours
till the reception was over.

You ruined my
wedding for nothing.

Matthew Sherman isn't
gonna have a wedding,

or a reception,
or anything else.

Did I piss someone off around here?

The blood on your jacket is
type AB, just like Sherman's.

We checked your marriage license.
You're type O.

Maybe I brushed up against him

when we were loosening the lug nuts.

I think he cut himself.

That's one explanation.

Then there's one
that makes sense.

Hey, if something
made you do it,

if it was an accident, if the gun
went off by itself, whatever,

you're a lot better
off giving us a reason.

Otherwise, you'll never spend another
night with that fianc?e of yours.

Look, we know you were at the crime
scene, we know you needed the cash.

The victim's blood
is on your jacket.

In the homicide business, that's
like finding the Holy Grail.

I'm in here, and the real murderer,
he's walking the streets.

BRISCOE: If you know who
did it, we're all ears.

I didn't think so.

There was another guy.
I passed a guy about half way down the block

from where I left the car.
A Puerto Rican guy.

Yeah, that's how we solve homicides, too.
Nearest Puerto Rican did it.

Look, I don't know
if he did it.

But I passed him right after I
left, and he looked kind of scary.

Hey, this is New York.
Everybody looks scary.

He looked at me, you know,
like he was sizing me up.

And he had a tattoo on
his hand like a dragon.

Yeah, the old sizing up look.

(KNOCKING ON DOOR)

I'll put out an APB on scary Puerto Ricans.
He give you anything else?

Not yet.

Then probably not ever.
His lawyer's here.

He waived his right to counsel.

They brought him.

(SIGHS) In-laws.

No wonder you're divorced.

Get a warrant for
Bodak's work locker

and the bookie joint
where he moonlights.

(KNOCKING ON DOOR)

(PHONE RINGING)

MAN: Who is it?
Police.

Open the door or
we bust it down.

Yeah, wait a minute.

If I smell burning flash
paper, you're going to jail.

Open the door.

Hey, whoa, guys.
Look, I just answer

the phones around
here, all right?

So answer it.
Answer the phone!

(PHONE RINGING)

Hello.

Yeah, the Knicks are
getting five and a half,

Heat are getting four,
the Yankees are six to five.

Hey, look, guys, I swear,
I just answer the phones...

Turn around and face the wall.

BRISCOE: Mike Bodak work here?
Yeah.

You ever hear about him
pulling any stick-ups?

Mike? No.

Did he mention any cash
he came into recently?

Well, you know, we all
got bonuses around here.

Five hundred a piece,
after my boss

cleaned up on
the De La Hoya fight.

Oh, yeah?
Who's your boss?

Who's your boss?

Ray. Okay?
Ray D'A ntoni.

Bodak ever carry a gun?

No.

(PHONE RINGING)

Yeah. The Hawks?
Plus two.

Yeah, you got it.
Five times, right.

You don't mind if we look
around here, do you?

Look, could you guys please
try not to damage the phones?

I could get in a lot
of trouble around here.

Boy, that was easy.
This belong to you?

I swear, I've never seen it.

What's your name?

I'm Miles.

We're going to have
to arrest you, Miles.

Yes, sir.
I understand, but...

I'll notify Bronx Vice.

OFFICER: You have the
right to remain silent...

The Knicks plus five and a half?
I'd be all over that.

Bad news from ballistics.

That gun isn't
the murder weapon.

So we've got no murder weapon,

none of the victim's possessions
were in Bodak's apartment,

and there's a good explanation

why he had cash on
him after the murder.

Not exactly air-tight.

I've been going over these
Neighborhood Watch reports

from the area of the shooting.
A couple of weeks ago,

a dry cleaner thought he
saw a woman being robbed.

No police report was filed,
but the MO's pretty similar.

A woman came into my shop
to call the Auto Club

because her Mercedes had broken down.

After she returned
to her automobile,

I saw a man leave the pharmacy right
there, and accost this polite lady.

This man, what did he look like?

I didn't get much of a look.

Average height, unshaven.

Possibly Hispanic.

Did he have a tattoo?

I wasn't close enough to see.

What did he do to the woman?

I saw him wave a pistol.
I was about to call the police,

when the truck arrived
and the man ran off.

The woman looked
very frightened.

I think it's outrageous
the Auto Club

would give out my
name and address.

Well, they were just trying to
be good citizens, Ms. Watts,

as we'd like you to be.

Well, I don't know
what I can tell you.

Some degenerate came up to
me, waved a gun in my face,

and demanded my
watch and wallet,

which I was fully
prepared to surrender.

That's when the tow truck arrived.

And this guy took off?

Yes. As soon as he grabbed the
Gucci sunglasses off my head.

And you didn't think
it was worth reporting?

So I could spend
hours in a courtroom?

Make myself vulnerable
to all kinds of retribution?

For a pair of sunglasses?

Do you remember what
this guy looked like?

Clothes,
distinguishing features?

Well, he was unwashed.

And he had a vile tattoo on his hand.
Some sort of lizard.

Yeah, he came in last Friday morning.
Puerto Rican.

He spoke English pretty good,
but prescription medicine

must've been a term
he didn't understand.

He wanted a prescription filled?

Well, he brings in
a Percodan vial

from the Bellevue ER
issued the day before.

It says "no refills"
right on the label,

but then he starts
giving me some bull

about how they said he could get
more pills if he was still in pain.

Do you remember his
name or his address?

Well, if he'd been a potential
customer, I would've.

But this guy, I never
wanted to see him again.

Found it. A Ricardo Garcia was
prescribed 10 tablets of Percodan

on the 23rd of last month.

You got an address on that?

"NA." That's
"Not Available."

Thanks for the explanation.

Does that mean he's homeless?

Maybe. Or he didn't want
to give out his address,

or the doctor was too busy to get it.
Take your pick.

Who wrote the prescription?

Dr. Marienthal.

Dr. Marienthal?

You'll have to wait your turn.

I have a stab wound coming in.
Talk to the triage.

Well, until your
stab wound arrives,

maybe we could ask you
a couple of questions.

It can't wait till
the end of my shift?

BRISCOE: When's that?

Day after tomorrow.

Doctor, that man with the
cucumber problem is back.

Put him in Two.

On the 23rd, you
issued a prescription

for Percodan to
a Ricardo Garcia.

Don't tell me, he sold
it on the street.

I'll tell you
something, gentlemen.

As long as drug
addicts walk in here

and get treated for
made-up symptoms...

Save the sermon, Doc.
This guy may have killed somebody.

You remember
anything about him?

I wish I could help.

You know how many guys like
him I treat every day?

Tall? Short?
Fat? Thin? What?

Guy came in about that time who
presented with terrible stomach cramps.

Hispanic, with a big serpent
tattooed on his hand.

Couldn't find anything
wrong with him.

He give you an address?

Mention where he lived?

He said he was in
too much pain to talk.

Bellevue ER issued a
prescription for Percodan

to a walk-in
named Ricky Garcia.

Tell you what, I'll
call the first 1,000

Ricky Garcia's
in the phone book,

you call the second 1,000.

Whoa, whoa. Only five Garcias
got arrested this week.

Now, one, Ricardo, for shoplifting
six blocks from the murder,

and two blocks from
where Virginia Watts

got her $300 Gucci
sunglasses ripped off.

Garcia's being arraigned
this afternoon.

Grab him and stick
him in a line-up.

I'll get a warrant
for his place.

Where's Garcia?
Gone.

The sergeant down
at the holding cell

thinks he was sent up earlier.

Oh, great. Now we gotta hope Garcia
volunteers to stand in a line-up.

Lennie.

Two screw-ups in one day?
They trying for a record?

You're supposed
to bring Ms. Watts

down to the stationhouse.
What happened?

Well, the message I got was to

bring her here
and find you guys.

Ms. Watts,
I apologize.

You weren't supposed
to be brought down here.

We wanted you to
view a line-up...

That's him!

Stay with her. Ricky Garcia,
you're under arrest for robbery.

I just posted bail.
What was the $50 for?

Something else.
Let's go.

BRISCOE: Police! Put your
hands over your head.

You live there?

Yeah, but I didn't do nothing.

Keep your hands on the wall.
You got ID?

"Tony Garcia."
You related to Ricky?

I'm his brother.

Is this because of Ricky?

How come Tony Garcia has the initials M.
S. On his wallet?

Ricky gave me that.

He tell you where he got it?

Hey, look, I don't know.
I saw it and he gave it to me.

It's kind of like rent 'cause I'm
letting him stay in my place.

All right, Tony, you're gonna
go down to the stationhouse.

But first, let us in.
We got a warrant.

Unless you want us to
break the door down.

What did Ricky do?

You tell me.

We'll start with last Sunday.

Maybe you were with him?

No, I was sleeping.
I don't know where he was.

Look what the criminal genius
had under his mattress.

Hey, that isn't mine.
I believe you.

But we'll check the
prints just to make sure.

And this in his closet.

You know that phrase,
"Hindsight's 20-20"?

It means if you could do
some things over again,

you'd probably
do them differently.

I took the sunglasses, okay?

Like you'd
probably dump the gun.

And you'd take a closer look at your
socks and see the blood on them.

And you definitely wouldn't have
paid your rent in stolen property.

I don't know what
you're talking about.

You know what?

We don't have to play
any more games with you.

We just got all kinds of results
back from the lab, Ricky.

That gun?
That's the murder weapon,

and your prints
are all over it.

Your sock has Matthew
Sherman's blood on it,

and they lifted his prints
and yours off that wallet.

Yeah, that's right.

So you want to tell us
what happened now, Ricky?

If you tell us,
and I mean a full statement,

we can probably get the D.A.
To back off that death penalty request.

If you don't, you go on
trial and get a conviction,

and get a lethal injection.
Either arm. They don't care.

You don't understand, man.

BRISCOE: You know, maybe the
needle's the way to go.

I mean, 20, 30 years in prison,
that's gotta be tough.

I didn't mean it to
happen like it did, man.

CURTIS: How did you mean
for it to happen?

The dude, man, he wouldn't
give me his watch.

If he gives me
the watch, I'm gone.

So since he wouldn't give you
his watch, you shot him?

Is that how it happened?

I didn't mean to, man.
I swear.

Okay, I want you to write
down exactly what happened,

and date and sign
the bottom of each page.

Can I say how I
didn't mean to do it?

You mean, how you only shot him

'cause he wouldn't
give you his watch?

Yeah, yeah.
The D.A. Will like that.

Garcia's a junkie
and a two-bit thief.

He's got three arrests,
no convictions.

A very thorough confession.

Hey, he's the guy.

So was Bodak.
Let's get him back to his fianc?e.

I'll arrange the release.

Our trial prep
just got a lot easier.

Mr. Bodak, we're very sorry
about what happened.

Save it. We're not
gonna be friends.

We expedited your release three hours after Mr.
Garcia confessed.

I've been in
jail for three days.

You want to make me feel
good, leave me alone.

You owe him a lot
more than an apology.

Mike Bodak wasn't
just wrongly accused.

We can't just un-ring
the bell, Mr. Joosten.

He was humiliated in front of
his future wife and family.

We both know that
wasn't necessary.

And we thought everything
was working out so well.

He'll get over it.

Now for the bad news.
Garcia's attorney's trying to suppress the ID.

We have a meeting with
Judge lannello tomorrow.

SHUMAN: This was no
line-up, it was a setup.

An arranged
confrontation between

their witness and my
client in a courtroom.

JACK: The observation was
completely accidental, Your Honor.

I refer you to
People v. Diaz.

An accidental ID
in a police station

was ruled unavoidable and admissible.

Well, this was avoidable.

The police had no reason to bring
the witness to the courthouse.

It was a good faith mistake.

Maybe. Maybe not.

They prejudiced their
witness against my client.

She saw him coming out of a
criminal courthouse with a lawyer.

She couldn't help assume
that he was a criminal.

It wasn't written
on his forehead.

An unshaven Hispanic male
in jeans and an Army jacket

talking to a white man in a suit.
The implication is obvious.

He's right, Mr. McCoy.
The ID's tainted.

Your officers should have
exercised more care.

Your Honor, the warrant to
search my client's apartment

was predicated on that ID.

Yes, the evidence seized
there is out as well.

That's a gun, bloody
sock and a wallet.

The wallet was found on Mr.
Garcia's brother outside the apartment.

Mr. Garcia has no standing to
object to a search of his brother.

That's one for you, Mr.
McCoy. The wallet's in.

There's still the
confession, Your Honor.

If my client
hadn't been confronted

with the illegally
seized evidence,

he never would have confessed.

Your Honor,
under Frazier v. Cupp,

the police are permitted to lie

to a suspect to
extract a confession.

To exclude a confession
based on the truth...

Well, then they
should have lied

instead of violating
my client's rights.

I'm afraid Mr.
Shuman's right.

I'm going to
have to suppress it.

I'm due in court.

Oh, there's one
other thing, Your Honor.

What, Mr. Shuman?

My client's sitting in Rikers.
All they have is a wallet.

It's not enough to
sustain murder two.

We're developing
other evidence.

Well, when you do you can
re-arrest Mr. Garcia.

For now, the charges
against him are dismissed.

Cops blew it.
Won't be the last time.

Get an ID from the dry cleaner
or the pharmacist or both.

The pharmacist is on
a cruise for two weeks,

the dry cleaner
couldn't pick him out,

and the doctor who treated him

doesn't remember
what he looked like.

Our only shot is Bodak.

Bodak saw Garcia?

During the second interview,

Bodak said he passed a Latino

right after he left Sherman.

You didn't have him look at
Garcia before he was released?

We had incriminating physical
evidence and a confession.

And now you have neither.
Better find Mr. Bodak.

Mr. Bodak, if you can identify
this man, we can re-arrest him.

Two days out of jail, and you
want me to save your ass?

Tell your bosses it'll be 20 years
before I owe them anything.

You don't owe them.
And since you barely knew Matthew Sherman,

I guess you
don't owe him either.

Hey, who owes me,
Ms. Ross?

You act like that
other stuff never happened.

I'm sorry.

Yeah, you're real good
at that, saying you're sorry.

I actually do feel
sorry for you.

A decent guy who got screwed.

But when a decent
guy has the opportunity

to put a killer
behind bars, he stands up.

I guess you two have met.

Listen, what happened
before was nothing personal.

The photo array is all set up.

If there's any way we
can make it up to you...

You've done enough already.

We're going to
show you six photos.

You see the guy who passed
you on Greenwich Street,

you point to him, all right?

That's him.
CURTIS: Number One?

You sure?
Yup. Absolutely.

Whoa, whoa...

Fellows, relax, man.
I ain't going nowhere.

Put your hands
on your head, now.

Hey, you can't do this.

Oh, no?
Watch this.

You're under arrest for murder.

No, man! His lawyer said
that stuff got thrown out.

Never trust lawyers, man.

The judge said that.

You have the right
to remain silent.

Hey, this is wrong, man.

Anything you say...
I didn't kill nobody.

Can and will
be used against you

in a court of law.
You change your mind?

I guess we'll just have to convict
you the old-fashioned way.

CURTIS: You have
the right to an attorney...

Your Honor, this arrest makes
a mockery of your ruling.

Mr. Garcia was independently
identified by a witness

who saw him in
the vicinity of the murder.

My client was in
that photo array

only because of the tainted
ID by Virginia Watts.

Mr. Garcia had
his mug shot taken

when he was arrested
for shoplifting.

It would've only
been a matter of time

before Mr. Bodak picked
him out of the mug books.

Sounds right to me, Mr.
Shuman. The arrest stands.

JACK: Your Honor, I also ask you to
reconsider your earlier suppression

of the murder weapon
and the bloody sock.

There's no way they would've
gotten a search warrant

based solely on Mr.
Bodak's ID.

If it was enough to
support an arrest,

it's certainly enough
to support a search warrant.

Nice try, Mr. McCoy.

What I said before stands.

The gun and the sock stay out.

You got Bodak's ID
and Garcia's prints

on the victim's wallet.
Good luck.

We have more than that.

His confession was front
page in all the papers

and led the 11:00 news.

The audience makes
up our jury pool.

They'll be
excluded in voir dire.

Only if they admit it.

Jack, I can't reach Bodak.

He isn't answering his phone,
he isn't returning my messages,

and his boss said he
didn't show up for work.

Then you better get
over to his place.

The guy called
and said he did it

to prove that he
could get to me,

and that if I testify, he's gonna do
to my face what he did to the bed.

You should've called us.

Look, I think
the best thing I can do

is just keep my mouth shut,
so can you please go?

Hiding out in your apartment
isn't the answer.

I'll take it
over getting cut up.

We can protect you,

put you up in a hotel,
round-the-clock guards.

What, for the rest of my life?

Look, we know
Garcia killed Sherman,

but we can't
prove it without you.

All I did was see a guy
walking down the street.

You're a material witness.
That means we can arrest you.

You do that.

We can drag Bodak into court, but I
don't think he'll finger Garcia.

Then the judge will find him in
contempt and throw him in jail

until he changes his mind.

He's not worried
about contempt,

he's worried about
having his throat slit.

I got the cops
watching his place.

How about we find
out who's making

the calls and
throw him in jail?

It's not Garcia.
Rikers keeps records of all inmate calls.

What about his loving
and supportive family?

There's only his brother.
Nothing on the home phone LUDs.

We've got a tap
on Bodak's phone.

If he never calls back, you have
nothing and we look like amateurs.

Cut a deal with Garcia.

Watch, they're
gonna offer us a deal.

We won't keep you in suspense.

Mr. Garcia pleads
to murder two...

You're dreaming.

They got no case.

We recommend 20-to-life.

If that's all you're putting
on the table, then we're done.

You're putting
your life on the line.

You've got nothing.
You've got a wallet.

And a witness who puts him
in the middle of things.

The one who remembered
seeing someone,

what, during his seventh
or eighth interview?

A witness who
can't wait to testify.

I'll eat him alive.
The guy's got zero credibility.

Come on, you gonna
make a serious offer,

or are we just gonna sit around
here and play with ourselves?

The offer is murder two.

Guard.

Think about it, Ricky.

Rey, the rules say
you gotta play.

Yeah, yeah.

I don't know, Lennie.
We've been here two nights,

and Bodak's gotten
a total of two calls.

(PHONE RINGING) Gin.

Bingo.

BODAK: (ON PHONE) Hello.

MAN: I guess you
weren't listening before.

You go to court,
you're a dead man.

Got him.

The number traces to a Belvedere
Refuse Company on West 23rd,

where Tony Garcia works.

I'll call and find out
what route he's working.

And I thought our
intimidator had retired.

Just needed
a little motivation.

Hey, Tony, you're under arrest
for intimidating a witness.

I don't know what
you're talking about.

We have tape of you
calling Bodak last night.

You want to do
yourself some good,

you'll tell us
what Ricky told you.

Or you could play the dedicated
brother, that's all right.

You can both go to
jail for 20 years.

I didn't do nothing,
and neither did my brother.

Witness tampering is a felony.

And you have one felony conviction already.
Grand Theft Auto in '91.

That means you're looking at
four years for one phone call.

Unless you agree to testify
against your brother.

In which case,
we'll knock it down

to misdemeanor
attempted tampering

and recommend probation.

Hey, I didn't make
no phone calls.

We can get a voice print.

Which is
notoriously unreliable.

You want your brother to get off, right?
Let's say that happens.

Then he's free, and you're
doing four years in Attica.

Seems to me you're getting
the short end of the stick.

Or maybe they'll both get off
because they're both innocent.

Or hadn't that
crossed your mind?

What if he gets out?

We have him on tape
making the threats.

He's not going anywhere.

I'm concerned with his brother.

He will get out if
you don't testify.

Forget it, Mike. Who knows what other
friends Garcia's got out there?

Mr. Gottlieb, I expected
you to be more helpful.

I'm looking out for my own.
Mike's got Ruth to think about.

These animals could just
as well come after her.

We gave you protection.

We arrested the person
who was threatening you.

What more can we do?

GOTTLIEB: You can
leave him alone.

If Garcia's on
the street, it's only

a matter of time
before he kills again.

That's good.
Making him feel guilty.

JACK: You can stop him, Mr.
Bodak, with your testimony.

GOTTLIEB: It's not
your problem, Mike.

Can we count on you?

You got no
obligation whatsoever.

Yeah.
GOTTLIEB: Mike...

Frank, I saw the guy.

I can't agree with you, Mike.
You ought to be thinking about your family.

I'll hold up my end.

The tire jack was on the street,
next to the front tire.

At first, I didn't see Matthew.

I found him in the car.

It didn't make sense.
I thought he was sleeping at first.

And then I saw the blood
all over his chest.

Do you recognize this wallet?

Yeah. It's Matthew's.

Our grandfather gave it to
him for his 21st birthday.

Thank you, Tiffany.

Your witness.

Miss Sherman,
did you see my client

anywhere near
your brother's car?

No.

You testified that you identified
a man named Mike Bodak

coming into the donut shop
just before you left,

is that correct?
Yes.

And he had grease on his hands.

Yes.

Grease from your brother's car.
JACK: Objection.

The witness isn't
qualified to answer that.

Withdrawn.

Did Mr. Bodak
say anything to you

or to the counter
man when he came in?

No.

What did he do?

He wiped grease from his hands.

Did he seem to be in a hurry?

I don't know. He just took some
napkins and cleaned his hands.

Thank you.
No further questions.

You may step down,
Miss Sherman.

Where's Bodak?

He was arrested by Bronx Vice.

Mr. McCoy, call
your next witness.

Your Honor, the People
request a recess.

For what purpose?

Our final witness
has been delayed.

We're confident
he'll be here shortly.

We'll recess till after lunch.

And unless you have
a witness to present,

we'll move on to
the defense case.

Bodak went back
to work at one of

D'A ntoni's other
bookmaking locations.

It was raided.

Where is he now?

In a holding cell
at the 58th Precinct.

The riding A.D.A.
In the Bronx is Polk.

You stay here in case
we need another delay.

Mike Bodak is the key witness
in the Garcia murder trial.

Without him, we have no case.

From what I hear you don't
have much of a case with him.

We raided one of D'A ntoni's
places as part of our operation.

It's not my fault your witness

was sitting there
when we walked in.

I'm sure Corrections will
furlough him to testify.

You're an A.D.A.
You know we don't

want him coming in
with a felony record.

If I give Bodak immunity,

he has zero incentive to
testify against D'A ntoni.

Give him a walk
without immunity.

If you still need Bodak
later, you can pick him up.

It'll be months before
your trial starts.

What if he takes off?

It's a Class E felony and his jacket's clean.
He's not going to run.

You must be out of your mind
if you thought we'd agree.

Mike's not saying word one
at your murder trial

unless he gets full
immunity on these charges.

The Bronx D.A.
Won't agree to that.

Then you have a problem, McCoy.

Mr. Bodak, you
promised to testify.

He didn't promise to incriminate
himself for bookmaking.

Mike, anything you
say at the murder trial,

the Bronx D.A.
Can use against you.

I'll do everything I can to
protect you on the stand,

but I need you on the stand.

All right, we're done talking, McCoy.

Mr. Bodak...

What? What am I
supposed to say?

Look where I am.

They want me to finger Ray
D'A ntoni, Mr. McCoy.

They want me for that.
You want me for Garcia.

I'm getting killed here.

I know.

I don't understand.
I just helped a guy change a tire.

I don't get it.

You help me, Mr.
Bodak, and I'll help you.

I don't think he can stand
much more of your help.

Fine. Listen to him.
Stay here and stand trial for bookmaking,

while Ricky Garcia is acquitted
for lack of evidence.

All right, that's enough, McCoy.
You'll be in jail,

and he'll be out there doing
drugs and killing people.

Your choice.

It's too risky, Mike.

He was having trouble
loosening the lug nuts,

so I offered to help.

After I got the nuts loose,
we jacked the car up

and I pulled his tire off.

What did you do then?

Well, he said that he could
handle the rest, so I took off.

North on Greenwich.

As you were walking north on
Greenwich, did you pass anyone?

Yeah, half a block
from the car,

I passed a guy who
was walking towards

where Mr. Sherman
was fixing the flat.

Do you recall a statement
you gave the police

prior to Mr. Garcia's arrest?

Yes.

Do you recall how you
described the man you saw?

I said he was Hispanic,
average height,

with a dragon tattoo
on his right hand.

Is the man you saw walking toward Mr.
Sherman's car

in this courtroom?

Yes.

That's him at
the table over there.

Let the record indicate Mr.
Bodak pointed at the defendant,

Ricky Garcia.

JACK: Your witness,
Mr. Shuman.

Mr. Bodak, you were
arrested and charged

with this murder also,
weren't you?

By mistake.
They let me go.

But only after you suddenly
remembered seeing someone

who resembled my client near the scene
of the crime, isn't that right?

Yes.

When you supposedly
stopped to help

Matthew Sherman
change the tire,

where were you coming from?

From work.

You mean from the hotel.

No.

Then from where?

You were coming
from a betting parlor

run by bookmaker Ray D'A ntoni,

where you answer the phone and
take bets, isn't that right?

Your Honor, I wish to invoke
my Fifth Amendment privilege.

In fact, you were still working for Mr.
D'A ntoni

when you were arrested
yesterday, isn't that right?

Which is why you weren't
here earlier to testify.

Objection.
Relevance.

Goes to credibility,
Your Honor.

Overruled. Please answer
the question, Mr. Bodak.

Yes, that's why I wasn't here.
I was under arrest.

Do you collect betting debts for Mr.
D'A ntoni? Perhaps by using force?

No. Matthew Sherman
ever place bets

with Mr. D'A ntoni?

No. Well, I don't know.

Did he owe money to
Mr. D'A ntoni

that you were trying to
collect that Sunday morning?

No. I don't do
that kind of stuff.

Well, then exactly what kind of
stuff did you do for Mr. D'A ntoni?

I invoke my Fifth
Amendment privilege.

SHUMAN: Your Honor, please
direct the witness to answer.

Mr. Bodak,
answer the question.

I invoke my Fifth Amendment.

Approach, Your Honor?

Your Honor, the witness forfeited
his Fifth Amendment privilege

when he answered
the People's questions.

His whole line of
questioning is irrelevant.

All right, take it to chambers.

The court will
take a short recess.

My questions might uncover a credible
alternate suspect to this crime.

They're completely relevant.
He's fishing.

Mr. Bodak was
put on the stand

for the very limited purpose
of identifying the defendant.

That's his limited
purpose, not mine.

Your Honor, either Mr.
Bodak answers my questions,

or I'm moving to strike.
All right.

Mr. McCoy, your witness
cannot selectively

invoke his privilege.
It's all or nothing.

He's not putting his ass in a sling for you, McCoy.
He's got no immunity.

He's not about to
incriminate himself.

Does he know what happens to
this case if he doesn't answer?

I'm looking out for
his interests, not yours.

Mr. Bodak, I'm going to
give you another chance

to answer Mr.
Shuman's question.

Ms. Dorn, would you please
read back the question?

Question, " Then exactly what kind of
stuff did you do for Mr. D'A ntoni?"

I invoke my Fifth
Amendment privilege.

All right, Mr. Bodak,
you're excused.

Your Honor, for the record,
before you make your ruling

I would like to
consult with the witness.

Denied. Mr. Bodak,
step down.

Members of the jury,

I would like to
instruct you to disregard

Mr. Bodak's
testimony in its entirety.

Strike it all.

He means disregard
that I ever saw him?

All your testimony.

Silence. Mr. Bodak, leave or
I'll cite you for contempt.

Mike, come on.

Your Honor, I move for a
dismissal of the charges

on the basis that the People failed
to prove their prima facie case.

I'll take that
motion under advisement.

Your Honor, one moment, please.

What now, Mr. McCoy?

I'd like to talk to my witness.

SHUMAN: Objection, Your Honor.

I haven't rested my case!

You have 30 seconds.

This is your last chance,
Mr. Bodak.

Michael, let's go.

Mr. McCoy, I am not going to
let him incriminate himself.

Mr. Bodak, you're the only one who saw him.
Don't let him walk.

Forget it. Mike,
this is not your problem.

Mr. McCoy, you through
with your witness or not?

Make up your mind,
Mr. Bodak. Quickly.

Mike!

Your Honor, the People would like to recall Mr.
Bodak to the stand.

Your Honor, I object.
I'll allow it.

Your Honor, I'm Mr.
Bodak's attorney... Sit down.

Mr. Bodak, take the stand.
Remember you're still under oath.

Mr. Bodak,

Mr. Shuman asked you what you did for Mr.
D'A ntoni.

Are you prepared to
answer his question?

Yeah.

I took bets over
the phone for Mr. D'A ntoni.

Sometimes I helped count money.

That's why they arrested me.

But whatever you
think of me, that's okay.

But it does not change the
fact that I saw that man

walking towards
Mr. Sherman's car

right before
Mr. Sherman was murdered.

Thank you, Mr. Bodak.

No more questions.

Mr. Shuman?

No questions.

You may step down,
Mr. Bodak.

Members of the jury,
I direct you to

disregard my
previous instructions.

You may now consider all or part of Mr.
Bodak's testimony

during your deliberations.

Madam Forewoman, has the
jury reached a verdict?

We have, sir.

Will the defendant please rise?

On the first count of the indictment,
murder in the first degree,

how do you find?

We find the defendant,
Ricky Garcia,

guilty.

On the second count
of the indictment,

robbery in the first degree,
how do you find?

We find the defendant,
Ricky Garcia, guilty.

The Bronx D.A. Dropped the
bookmaking charges against Bodak.

We're lucky to have
had him as a witness.

Nice to know that the entire criminal
justice system rises or falls

on the decency of a Mike Bodak.