Law & Order (1990–2010): Season 11, Episode 21 - Brother's Keeper - full transcript

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.

You are so paranoid.
She was just being friendly.

She was like totally
checking you out.

You say that about everybody
who makes eye contact with me.

Token booth clerk tells me to
have a nice day, you freak out.

Oh, yeah?
Well, excuse me!

Tammy? Was I paranoid
about her, too?



Tammy doesn't count,
Tammy was a stalker.

That was her fantasy, not mine.

Oh, God!

We didn't pass anybody
on the way up.

They could've used
the other stairs.

Yeah, we noticed those, thanks.

Look, so we know where to find you,
would you talk to the officer?

One shot, back of the head. Close up,
sometime within the last couple of hours.

They found the manager
snoozing in the broom closet.

Delgado's bringing him out.

What about the guy that
brings out the buckets?

There's no buckets. Balls
come up automatically.

Tees 'em up for you, too.

Guess they figure you'll
buy more balls that way.



ID?

Struggle?
Not so as you'd notice.

Must have snuck up behind
him, caught him unawares.

First thing they teach you.
Keep your eye on the ball.

James Malloy, 38,
339, Columbus Avenue.

Nice address. Picture
of the wife and kids?

Nope. Just a driver's license
and some business cards.

He's the president of Medi-One,
medical and surgical supplies.

Clean head shot, and he
wasn't even an organ donor.

Selfish bastard.

DELGADO: Name's Art Bilson.

Says he's been asleep
the last four hours.

Whoa! What happened to him?

BRISCOE: You know this guy?

Mr. Malloy. Semi-regular, couple...
Three nights a month.

What does this camera do?

It records your swing so you
can see how bad you are.

ED: You know how
to play it back?

BRISCOE: Not bad
for a weekend duffer.

Could keep his right elbow
tucked in a little better.

BILSON: Whoa!

Gruesome, man.

You know security's only
as good as the guy

who's supposed to be
watching the store.

I know. I know.
I screwed up.

I can't believe this is happening to me.
I'm gonna lose my job.

I was just gonna lie down for
five minutes, take a little nap.

Yeah. You're a regular
Rip Van Winkle.

Who?

Another guy who
took a little nap,

woke up and didn't
know where he was.

Yeah.

So, what about our
sleeping beauty?

Clean sheet. Knew Malloy was
a regular, that's about it.

This is from the security
camera at the front exit.

There's our guy.
VAN BUREN: Leaving.

BRISCOE: He must have
gone in another way.

I can't make out
the medallion number.

Maybe the lab can.

Did you recover the bullet?

.22, it's in pretty
good shape.

Now all we need is
a gun to go with it.

We should be so lucky.

All right. Let's find out
who didn't like Mr. Malloy.

He comes. He goes.
He minds his own business.

He tips large at Christmas.

What else do I need to know?

He live alone?
Define alone.

Roommates, girlfriends,
significant other?

He was a player, you know. I mean,
steady stream of woman. In and out.

Girlfriends or hookers?

If they were hookers,
they were high class.

Any of them strike you
as the jealous type?

I never saw anybody
storm out mad.

All I know's how
to open the door,

hold an umbrella, hail a cab,
and smile at the tenants.

You know how to open the
door to his apartment?

This guy had a different girl
for every day of the week

and two on Sunday.

Coke or junk?

It ain't talcum powder.

Motive.

A jealous woman,
or her husband,

or a ticked-off
drug dealer.

Forget that, I think we
just hit the mother lode.

What is it?

Our boy Malloy
with Cally Lonegan.

Cally Lonegan?
Last of the Westies?

Yeah, so what's a respectable
bedpan dealer like Malloy

doing with the
scum of the earth?

I don't know.

But here's a letter to Malloy
from the D.A.'s office

asking him to come
downtown for an interview.

About what?

One of his buyer's complained
Malloy's company defrauded them.

Complaint name's
Malloy and his partner.

Let me guess.
Cally Lonegan?

You got it.

I don't know why they're
complaining about a little fraud.

With Lonegan in the picture,

they're lucky they're not burned
to the ground and left for dead.

BRODY: The complaint
by the company

was that Medi-One was
charging for quality goods

and delivering substandard
medical equipment.

Once we found out Cally Lonegan
was Malloy's silent partner,

we got real interested.

Well, still, it seems like
pretty tame stuff for Lonegan.

Lonegan seems to have gone
semi-legit in the past few years.

Emphasis on semi.

I guess mayhem and murder
lost their appeal.

You going to be
able to nail him?

Not looking good.

The store stopped cooperating
with us a couple weeks ago.

Mmm, I wonder why.

RANDALL: We're not
pursuing the complaint.

We're persuaded Medi-One
made an honest mistake,

and their taking the necessary
steps to correct it.

Oh, yeah, who persuaded you?

We discussed it
with the company rep.

Did you ever deal with
James Malloy directly?

We've been buying from
him for several years.

But he only recently
started ripping you off?

I told you, it was an honest mistake.
Misunderstanding.

For God's sake, Curtis,
tell them the truth.

You don't, I will.

It started last spring.

Jim Malloy told me he had
taken on a new partner,

and they were
changing suppliers.

And suddenly you were paying
through the nose for leaky IV's?

I complained to Jim,
repeatedly.

When that didn't work, I threatened
to take our business elsewhere.

And then, one day,
the door opened...

And in walked two baboons
in chinos and polo shirts.

They never
mentioned Medi-One.

They never made
a direct threat.

ED: But you got
the message.

Loud and clear.

ED: Malloy started
Medi-One four years ago

and struggled to stay
afloat until last April.

When Cally Lonegan suddenly
entered the picture.

There was an immediate influx
of capital, sales skyrocketed.

I'm sure Lonegan's salesman
were very persuasive.

We took the Medi-One
records to a CPA.

He says it looks like Malloy
got greedy a few months ago

and started
skimming off the top.

Cheating Lonegan?
Bad idea.

I'd say fatal We think it's
time to talk to Cally.

Well, no doubt he's the kinda
guy who'd handle it himself.

But let's check with the lab first,
see if they were able to get

anything off that
security video.

All right.

The digits of the medallion
number were too small

and image was dark
and kinda blurry.

So we blew it up
and enhanced it.

Here we go.

ED: 9K19.

I remember him. He looks like
he's got blood on his jacket.

I ask if he's okay, he
tells me mind my business.

Where'd you drop him off?

West 50s somewhere.

You can check my
log at the garage.

You recognize any of these men?

This man.

Guess who?

Where you from, Sebastian?
Sierra Leone.

Really. Whereabouts?
Falaba.

Well, that's near
the border, right?

You know my country.

My father traveled
and I went and stayed

with him once on
the coast in Freetown.

My capital.

You got family back there?

My mother and little brother.

Maybe you should go
visit them for awhile.

The D.A. can bring you
back when they need you.

I can't go home.

My father and two sisters
were killed by the rebels.

They chopped my
brother's hands off.

You can't get them out?

I work all the time to bring my mother
and brother here so they're safe.

But it is hard.

This guy is Cally Lonegan.

He's a gangster.

If he finds out you can identify
him, he'll come after you.

How will he know
unless you tell him?

Thank you, I will be
careful, but I must work.

Cally here?

You don't gotta badge me,
I can see you're a cop.

What do you want
with Mr. Lonegan?

CALLY: It's okay, Buddha,
send them over.

Buddha?

You gotta admit he does have
that enlightened look about him.

I know you.
Wait a minute.

Don't tell me, I'll get it.

You collared me, long time ago.

I was a kid. 47th
Street and 12th Avenue.

I was walking a beat
in Hell's Kitchen.

And you were playing with
matches for fun and profit.

Hey, like I told
the judge at the time,

I just happened to have
that gas can in my hand.

You waltzed in,
slapped the cuffs on me,

and put me in the paddy wagon.

I guess you can't say
paddy wagon anymore, huh?

Politically incorrect.

That's cute,
from arson to murder.

Your friend doesn't understand
the lubricating value

of small talk, does he?

What can I tell ya,
he's a social liability.

Just for fun, Wednesday night,

where were you
from, say, 9:00 on?

The night Jim got whacked? Guy
was making me a pot of money.

You think I'd take him out?

You'd take out your grandmother
if she was cooking the books.

Jim was on the fiddle?

I did not know that.

That's disappointing.

I'm gonna ask
the question again.

Where were you
on Wednesday night?

You're gonna love this,
fellas, I guarantee.

You're gonna plotz.

We were on Lonegan from around
7:00 until after midnight.

Dragged our butts
all over Queens.

Why were you tailing him?

He piques our interest
from time to time.

If you were tailing him, you must've
lost sight of him occasionally.

Couple minutes here,
couple there.

Not long enough for him
to get over to Manhattan,

do some guy, and make it back
to the Starlite Diner in time

to have a feta cheese omelet,
which is what he had.

BRISCOE: You know
he made you.

Doesn't matter,
it was an open tail.

So where'd he go? I mean,
besides the Starlite Diner?

We need to check upstairs
before we could tell you that.

BRISCOE: Why are the Feebs so
interested in Cally Lonegan?

I'm sorry, I can't tell you.

You understand about
compromising an investigation.

So, I guess our
witness was wrong.

You know, the one who went
straight to Cally's mug shot,

the one who saw
blood on his jacket.

Who's your witness?

We wouldn't want to
compromise our investigation.

You understand.

INNES: Yeah.

But your witness is mistaken.

Trust me, Cally Lonegan was
nowhere near the Hudson Piers

the night James Malloy
got clipped.

VAN BUREN: How sure
is your witness?

ED: Very sure.

Two FBI agents against a
cab driver with an accent?

I can't take that
to the D.A. What else?

Well, apparently Malloy was
somewhat of a ladies' man.

Eight days a week. And a
recreational drug user.

Both good areas for motive.

Well, what about our witness?

Look, I'd like to take
Cally Lonegan down, too,

but he cannot have been in
both places at the same time.

FBI says he wasn't there,
he wasn't there. Move on.

Jim and I split last summer.

The business started to take
off, the money went to his head.

And various other body parts.

We were 19 when we got married.

I guess he thought
he missed something.

Don't we all.

Do you know your husband's
business partner?

By reputation, but I never actually
met him until he and Jim hooked up.

He saved Jim having
to close the business.

I'm afraid we're
gonna have to ask you

to look at some photos that we
found at your husband's apartment.

So this was Jim's harem, huh?

This one.

Mr. Lonegan threw Jim
a party last spring

to celebrate their
new partnership.

She was there.

You know her name?

Margaret something,

foreign-sounding name,
maybe Eastern-European.

Did you talk to her?

For a few minutes.

I remember, she was excited,

she'd just gotten a new job

doing windows at a
boutique in Chelsea.

BARDO: Margaret Sikorsky.

But you're looking in way
the wrong place for her.

How so?

Margaret left us rather
abruptly about 10 days ago.

Where'd she go?

Margaret Sikorsky,
24. OD'd.

Death resulted from a lethal
combination of high-potency cocaine

and several prescription drugs.

I can give you a copy of this.

So, how'd she get here?

Same as everybody, she died.

Thought you of all people
would appreciate that.

Who claimed the body?

Well, her parents
live in Oneida.

We tracked down an uncle who's
local, he came for her.

Uncle got a name?

Cally Lonegan.

Now that one I appreciate.

VAN BUREN: So, all
roads lead to Cally.

What's the story on the niece?

Margaret Lonegan, Cally's
brother's daughter.

Sikorsky's
her ex-husband.

Yeah, brother's name is Donald.

He and his wife live in Oneida.

What do we know about them?

Apparently, he's the
exact opposite of Cally.

Used his brains
to get an education

and built himself
a legit career.

VAN BUREN: Doing what?

Tenured professor at
Oneida University, math.

You talk to him?

Nope, he's at a
conference in Amsterdam.

We talked to his wife.

According to her,
Donald and Cally

don't have much to
do with each other.

They haven't for decades.

Was Cally close to the niece?

ED: Neighbors say he hung
out with her occasionally.

BRISCOE: Close or not,
she was family.

Somebody's gonna have
to pay for her death.

Well, how do we know she was
getting her drugs from Malloy?

We tracked down
three of the women.

They all said Malloy
was pushing drugs on them,

so why should Margaret
be an exception?

Cally must've known that Margaret
was getting her drugs from Malloy.

He would have blamed
Malloy for her death,

and blamed himself for
introducing the two of them.

Only one way
to make that right.

You know, to get
that theory to fly,

you're gonna have to shoot
down a pair of FBI agents.

Well, maybe they're just
covering their asses.

It wouldn't be the first
time some cop said screw it,

and went to have dinner,
instead of doing his job.

Yeah, well, make sure you
don't step on any sore toes.

You know how sensitive
the Feds are.

I've supervised these
gentlemen for two years.

They're not slackers,
and they're not liars.

Look, we have approached this murder
from several different directions,

and they all lead to the
same place, Cally Lonegan.

Then you're missing something.

I'm not criticizing you,

and nothing would please me more than
Cally's head on a silver platter,

but it's a non-starter.

I really wish we could help.

Then help. Let your agents tell
us where Cally went that night.

According to them, he knew
they were following him,

so there's no downside for you.

That's my call, and I
think there may be.

Sorry, but we've been working Lonegan
too long to take any chances.

INNES: And I'll say it
one more time,

Lonegan couldn't have done it.
He wasn't there.

Then tell us where he was.

Queens.

ED: Where in Queens?

All you gotta know is it
wasn't the Hudson Piers.

I think you know
more than that.

And I think I don't like
being called a liar.

TOBIAS: We're all frustrated
with this situation

but there's no reason to get upset with each other.
(CELL PHONE RINGING)

We're all on the same side.

Yeah, Green?

Yeah, we'll be right there.

News?

My cable guy...

One shot, back of the
head, close range.

Wallet's missing but the hack
license says he's Sebastian Waziri.

Yeah, we know.

You get a slug?

On the way to ballistics.

It's been a while since we had a
robbery-murder of a medallion hack.

It's a tough break, huh?
Could've happened to anyone.

It's the luck of
the draw, I guess.

Is that what you figure, idiot?

Hey. No offense, kid,
this one's personal.

I just...
It wasn't a random robbery.

It wasn't a tough break, and
it wasn't a bad piece of luck,

so just keep your mouth shut.

BRISCOE: Ed, lighten up.
It's not his fault.

Work to the wise, Grady.

Sucking up only
works with captains.

Bad idea, Detective.

Lennie, get out of my way.
Come on.

You guys look like you
need couples counseling.

Where were you three
hours ago, Cally?

CALLY: Right here.
Plenty of witnesses.

Buddha?
All day.

Yeah, right.
Hey, hey!

If you can't trust a guy named
Buddha, who can you trust?

Come on.
You guys in a hurry?

How about a cappuccino on the house?
Let's get in the car.

That cabbie was
working double shifts

so he could get his
family out of a war zone.

I sympathize.
I know what it is

to sacrifice for your family.

Who told you who
the witness was?

I don't know the gentleman
to whom you're referring.

Who told you who
the witness was, Cally?

Like I said, I don't know
what you're ranting about.

Settle up, because you're done.

Settle up, believe that!

You threatening me, Detective?

Drop by any time
I'll run you a tab.

Cally, don't push it.

(CAR ENGINE STARTING)

BRISCOE: They're both .22s.

JOHNSON: Yeah, but not
from the same gun.

The bullet that
killed James Malloy

wasn't fired from the gun that
killed your cab driver. Sorry.

(SIGHS) Can't catch a break.

JOHNSON: I did
find something.

The second bullet, the one
that killed the cabbie,

I ran it through the database.

It matches one from an open case six years ago.
I pulled the file.

Well, well, well.
You're a prince.

ED: What is it?

Six years ago, this low-life
named Patrick Delahunt

got this himself
knee-capped.

Now, the slug that they
pulled out of Patrick's knee

matches the one that
killed Mr. Waziri.

What's the connection?

Patrick was part
of Cally's crew.

Cally suspected him
of being a snitch.

Delahunt told the cops he
shot himself accidentally.

That was then.
What does he say now?

Nothing, he got himself killed in
a bank robbery shootout in '97.

So Delahunt's not around, but the
gun that knee-capped him still is?

Well, a little
in-house discipline,

Cally probably wouldn't
necessarily get rid of it.

You know, it's a
sentimental attachment.

You can bet that gun's in the
bottom of the harbor now.

Now here's the thing.

Over the years, Cally has
been arrested 23 times.

Arson, fraud, murder,
rackets, you name it.

Right. So he's a thug,
what's your point?

Over the last six years, he's been
the prime suspect in three felonies,

including the knee-capping
incident,

and he hasn't been
arrested once.

Guess why?

.96...

Truck hijacking, driver ID'd
Cally and one of his boys.

Case determined to fall under
interstate commerce laws,

jurisdiction awarded
to the FBI.

'98. Armored car
heist with violence.

Pistol-whipped
the driver.

And when the driver
came out of the coma...

He ID'd Lonegan, and once again
the FBI took over the case.

We checked. Our boy walked.
Not a scratch on him.

I'll be damned.

The FBI is covering
for Cally's sorry ass

for everything up to
and including murder.

The FBI's got two agents tailing Cally
Lonegan and they won't tell you why.

Didn't even like us asking.

Protecting him from prosecution
on hijacking and armed robbery?

Funny way to build a case.

Maybe the two agents
are in bed with him.

They're playing both
ends against the middle.

It's possible
they're on the pad.

Briscoe and Green are
checking their bank accounts.

My guess is the FBI's running
Lonegan and doesn't want to say.

Or it could be these two agents are
using him for their own personal Cl.

Innes and Washington are using Cally
as their own confidential informant

and they're not
telling their bosses?

Using him to advance
their careers.

He throws them
some juicy tidbits

and they fix his
parking tickets.

How sure are we that
Lonegan is the murderer?

Well, if he didn't kill Malloy,
why kill the cab driver?

We can't prove that he did.

CARMICHAEL: Well,
it's all inferential.

You don't have enough for an
indictment on either killing.

JACK: With the cabbie dead,
we may never be able

to tie Lonegan
to Malloy's murder.

We'll tie him to it. Green is taking
Mr. Waziri's death very personally.

So I thought you might have a quiet
talk with the U.S. Attorney,

find out what's up
with the FBI.

I don't want to talk to anyone
until we know who we can trust.

First thing, you build us a
solid case on Waziri's murder.

Meanwhile, we'll nose around
about Lonegan and the FBI.

Yeah.

Any smoking guns?

Agent Innes' credit card
statement for last month.

I found one item
worth highlighting.

Check the date
of the transaction.

The night Mr. Malloy
was killed.

Innes and Washington
told Briscoe and Green

they were trailing Lonegan
in Queens that night.

So why is there a charge
at a restaurant in Brooklyn?

Let's make sure it was Innes
using the credit card.

Can you scrounge up
a photograph?

Hmm.

Innes and Washington arrested
Benny Gambese six months ago.

They got their picture
in the paper.

I knew those two guys were cops.
You can always tell.

It's the shoes, you know?

You're sure it was the 14th
that they were here?

That was the night I had
to work two extra stations

because Anita didn't show up.

I mean, I know she's got
a sick retriever and all,

but honestly,
have some consideration.

Do you remember
what time they left?

Yeah, they all left
together around 8:00, 8:15.

They all?
There were three of them.

But I know the other one
wasn't on the job.

How can you be sure?

Trust me, doll. No cop
ever left me a $50 tip.

Can you describe the third man?

Yeah, big, tough, laughed a lot. You
know the type. Big Irish galoot.

Catch his name?
Carl... Kevin...

Cally?
Could be.

Do you remember what
they were talkin' about?

Yeah, he and the white cop
were waxing nostalgic.

You know, yukking it up about the
good old days at MacArthur High.

Those two were quite a pair
when they were here.

Wasn't anything
they weren't into.

Such as?

Legend has it, they stole
the principal's desk one time.

Carried it right
out of the school.

Why?

Well, principal had expelled one
of their friends the week before.

I know it sounds juvenile, but it sure
showed something to the rest of the kids.

That they were thieves?

No, that they would
stand up for their friends.

Including Ron Innes.

Oh, especially Ronnie.

I don't think there was anything
they wouldn't do for one another.

CARMICHAEL: FBI agent,
and a career criminal,

best friends since childhood.

Nice relationship for Lonegan, but
what's it to Innes and Washington?

Well, if Lonegan
is paying them off,

they're not spending it
in an obvious way.

But I'll keep digging.

Hey, we got search warrants
from Judge Daniels.

We went to Lonegan's house.

We got an overcoat with
a little bit of blood on it.

Now the lab says that it
matches Waziri's blood type

and they're sending it
down for DNA.

BRISCOE: We also found four handguns.
We sent 'em over to Ballistics.

I don't suppose one of those guns will
turn out to be the murder weapon.

I wouldn't hold my breath.

CARMICHAEL: Were the guns registered?
(CHUCKLES SARCASTICALLY)

Was Lonegan there when you searched?
ED: I wish.

But you got nothing tying
him to the Waziri murder?

I didn't say that.
We got a witness.

She picked out
Cally's mug shot,

she said she heard what
she thought was a backfire

and she saw Lonegan getting
into a black town car.

Does he own a town car?

BRISCOE:
A fleet of 'em.

Did she get a plate number?
BRISCOE: Not even a partial.

We don't want
another dead witness.

We got her under wraps We
can't keep her there forever.

JACK: Then let's buy
ourselves some time.

Find Lonegan and arrest him,
for weapons violations.

Hey, Buddha, don't you ever get bored
sitting in the same spot day after day?

No.

You know, come to think of it, I do get
kind of a peaceful feeling being near you.

It must be your aura.
Lonegan in the back?

Any of your business, no.

Why don't you ask the FBI.
Where is he?

They picked him up
couple hours ago.

I don't know how many ways I can say it,
Cally Lonegan is not in our custody.

JACK: Don't stonewall us,
Mr. Tobias.

Where'd you get
your information?

That's it. We're taking this to the U.S.
Attorney.

I'll call her right now.

We're going to find out who's
dirty in this office, Mr. Tobias.

Wait.

Nobody's dirty.

Cally Lonegan's an
informant, best we ever had.

You don't seem surprised.

Well, that's what
we thought was going on.

So you're not building a case
against him, you're running him.

You read the papers.

You know we've eviscerated three mob
families in the last six years.

Couldn't have done it
without Lonegan.

So he gets a free
ride on murder?

That's your idea of an
acceptable arrangement?

No free pass on homicide.

My men assure me
Cally hasn't killed anyone.

Your men are wrong,
Mr. Tobias.

Or worse,
they're covering for him.

Where's Lonegan?

I'm telling you,
we don't have him.

Cat's out of the bag now,
why would I lie?

I want to talk to Innes
and Washington.

Your cops can't find Cally,
what's it got to do with us?

Mr. Washington?

Ron and I didn't see
Cally this morning.

CARMICHAEL:
Where were you?

Stakeout, JFK.

That right,
Mr. Washington?

What the hell's going on here?

I don't care if he is your guy.

I'm not tanking
my career over that thug.

I was at the dentist
all morning.

I cracked a filling last night.

I don't know where Ron was.

Where were you,
Mr. Innes?

Do these people have any idea
what Cally's done for us?

That's he's risked
his life a dozen times.

He's worn a wire
to a family sit-down.

You know the kind of
courage that, that takes?

Benny Gambese, he'd still be walking around
out there sticking his finger in our eye

if Cally hadn't put
his ass on the line.

So Lonegan gets to commit the crimes
that Benny Gambese goes to prison for?

Lonegan has given us a lot more
than he's gotten away with.

The balance sheet isn't even close.
We owe him.

This is crap. Cally didn't kill Malloy.
It never happened.

If he didn't kill Malloy, why'd
he kill the taxi cab driver?

Who says he did?

A witness can
put him at the scene.

The slug matches a slug
from the gun he used

to kneecap Patrick
Delahunt six years ago.

JACK: You knew
about Delahunt?

Yeah.

Then you know what we're
telling you now is true.

Where is he, Mr. Innes?

I don't know.

Did you tell him
an arrest was imminent?

This comes out, Gambese
finds out who gave him up,

Cally's a dead man,
you know that.

You're a good agent, Ron,
don't screw up your life.

No, it isn't right.

It's compromising an operation.

JACK: He's using you.

You don't know
a damn thing about it.

Six years ago,

whose idea was it for Lonegan
to become an informant?

I don't remember. We were
talking and, uh, it came up.

What was the quid pro quo?

We fixed a problem for him.

CARMICHAEL:
The Delahunt shooting?

Yes.

And the truck hijacking
two years later?

And the armored car
robbery after that?

JACK: You can't fix two
murders for him, Mr. Innes.

For the last time where is he?

I got no idea.

Ron?
No.

I got nothing more
to say on the subject.

This is how we repay
people who help us?

We hang them out to dry?

(SIGHS)

The police have any leads
on Mr. Lonegan?

Nobody in his
neighborhood's any help.

Most of them think
he's Robin Hood.

We checked with the
neighborhood precinct,

none of the cops have seen him.

Family?

Never married.
Mother has Alzheimer's.

The only other
immediate family is

a more or less
estranged brother.

Where is he?
Oneida.

I'll check with the Oneida PD.

Nora, if he's up there,
I think Briscoe and Green

would wanna be there
when he's brought in.

Put them on the next flight.

According to his colleagues
at the university,

Donald Lonegan's well
respected, lives a quiet life.

Neighbors say he and his wife
took their daughter's death hard,

but, hell, who wouldn't.

We heard he doesn't have
anything to do with his brother.

Cally was here
for the girl's funeral.

Other than that, nobody remembers
ever seeing him before.

What about since?

Funny you should ask. He came to
town again middle of last month.

Hmm. Around the same
time Malloy got shot.

(DOORBELL RINGS)

Yes?
Cally Lonegan here?

Hey, you guys got
the wrong address.

Donut shop's down the street.
Let's go.

Hands behind your back.
Whoa. Whoa.

Sorry, doll,

they just can't get enough.

It's not my fault
if they love me.

We also have a search warrant.

You're under arrest for
possession of illegal firearms.

You know, it's funny how much smoother
this goes without the FBI around.

We had no idea the police were looking for him.
Not that I'm surprised.

My sister-in-law
never liked me.

Go figure.
Exactly.

I don't know what the
problem is, I'm a fun guy.

Hey, Ed, blue parka.

Cally? What the hell's
going on here?

Oh, boy.

So it's a real mess.

They look so much
alike, it's spooky.

Do we have a favorite?

Donald Lonegan's never had
so much as a parking ticket.

There's nothing in his past
that points to him.

On the other hand,
it was his daughter

who was presumably being avenged
the night Malloy was killed.

JACK: But the motive works equally
well for either one of them.

Avenge the daughter,
silence the witness.

Where's Cally Lonegan now?

In Rikers, awaiting arraignment
on the weapons charges.

He's clearly a flight risk. Make
sure the judge denies bail.

Well, it's Judge Constantine.

She allows bail for
everything under murder two.

Can we charge him with that?

Well, the DNA results came in this morning.
Inconclusive.

Mr. Waziri
can't be excluded,

but neither can
thousands of other people.

What about
Donald Lonegan's parka?

The dry cleaner said they removed
a stain, might've been blood.

Who brought the coat in?

One of the two brothers.
She wasn't sure which.

The day after Malloy's murder.

If it was Cally, I'm sure we
can find a witness somewhere

that can put him
in Oneida that day.

We have one more avenue.

The witness from
the Waziri's killing.

Donald Lonegan agreed to join
a lineup with his brother.

Well, of course he has.

Because if the witness
can pick one brother out,

the defense attorney
can have a field day

pointing the other brother
out to the jury.

It's what we've got.

This how your people
amuse yourselves?

You can see why we asked
you to take your time.

The man I saw is number four.

CARMICHAEL:
How can you be sure?

I was a nurse for 20 years.

I notice certain
physical indicators.

Yeah, number one and
number four look alike.

And number four's been a hard
drinker most of his life.

Probably ought to see a
doctor about his liver.

Thanks, Miss Landers.

You got your collar.

LAWYER: The weapons charges
are bogus.

Now you're charging him with murder?
Based on what?

A witness saw your client leave
the scene of Waziri's murder,

right after the gunshot.

There was also blood on his jacket,
that's arguably the victim's,

and a compelling motive that
any jury can relate to.

Eyewitness testimony's been
discredited so often, it's worthless.

A speck of unidentifiable
blood on his jacket,

excuse me?

And your so-called motive,
that won't stand scrutiny.

The case is strong enough
for us to go forward.

My client will plead guilty

to technically violating
firearms laws, no jail time.

Murder charges will be dropped.

No.

Well, then go ahead,
do what you have to do,

Mr. Lonegan's not pleading
to crimes he didn't commit.

What's your offer?

Cally?

Back off, Kevin.
What's your offer?

I'm not sure
we have one, Mr. Lonegan.

Come on.

Never met a D.A. in my life who
didn't have an offer in his briefcase

and another up his sleeve.

Stop it.
They've got no case.

What's your offer?

You're willing to plead
to both murders?

I am.

CARMICHAEL: Top count?

CALLY: Maybe.

Oh, leave it alone, Kevin.

Well, Mr. McCoy?

We'll get back to you.

(KNOCKING ON DOOR)

Cally Lonegan has fought every charge
that has ever been brought against him.

He enjoys the game.

When Mr. Waziri ID'd Cally from
that six-year-old mug shot,

was he seeing Cally now
or Cally six years ago?

In other words, was he
seeing Cally or Donald?

Exactly.

You think Cally's trying to
take the rap for his brother?

His offer to plead
makes me think so.

But don't forget about the witness
who picked him out of the lineup.

I'm not.

Cally clearly killed
Mr. Waziri.

Let's find out where Donald was
when Mr. Malloy was killed.

Dr. Lonegan said he needed to
spend some time with his wife

who was really upset
about their daughter.

He asked me and his other T.A. to
take over classes, office hours.

Do you know if they went anywhere
or if they just stayed home?

I think he said he was taking her
to their cabin in the Adirondacks.

And did he?

I assume.

When he came back to
class, he was subdued.

It was like he was having trouble
just keeping his head above water.

Who can blame him?

CARMICHAEL: Donald
Lonegan's caretaker says

he hadn't opened
the cabin all season.

Well, could the Lonegans have
been there without his knowing?

Yeah. It's possible.

But the caretaker said the
water was still turned off

and the pipes were drained.

Ugh, I see
a hotel slog looming.

Whichever Lonegan
killed Malloy,

he took a cab
from the Hudson Piers.

So if it was Donald,

if he was in the city,
if he stayed at a hotel,

it had to have been
outside walking range.

Okay, I'll put as many
men on it as I can.

Oh, also, there were no hotel
charges to his credit card,

so it had to have been
a cash transaction.

If he was here at all.

I'm sorry, Anita,
that's the best I got.

I'll see you later.

Thanks.

Guy comes down from Oneida to whack
somebody, he's not gonna wanna be noticed.

Probably takes the train.

Yeah, which puts him
at Penn Station.

He's not gonna wanna
see the sights, either.

So let's figure he checks
in someplace nearby.

Say within a 20-block
radius of the station.

Uh-huh.
And nothing too fancy.

Even if he pays cash,

those places are gonna want an imprint
of his credit card for the deposit.

Which he doesn't
want to happen.

But a college professor's not gonna
rest his head at some hooker hotel.

Well, he'd pick something
clean and sensibly-priced.

That oughta narrow it down
considerably in this city.

Hotel clerk's sure
it was Donald?

It's our first lucky break.

Donald paid cash and
signed in under an alias,

but when the clerk
asked to see some ID,

the name on his driver's
license said Donald Lonegan.

She said he turned purple.

That's the only reason
she remembered his name.

She just figured
he was cheating on his wife.

So Donald killed
Mr. Malloy,

and Cally killed Mr. Waziri to keep
him from testifying against Donald.

It looks that way.

Now we need to know how Cally
knew about Mr. Waziri.

I know where I'd put my money.

Twenty-one years
in the Bureau.

This time next week, I'll
be sitting in a guard shack

at a construction site
if I'm lucky.

Whose fault is that?

Not to mention your
charges against me.

We're willing to drop them.

In exchange for?

How did Cally know
about Mr. Waziri?

You know what they say
about cops and criminals.

A lot in common.

It's especially true
in our neighborhood.

I can't tell you how many
times Cally took my back,

me and every other
kid where we lived.

What about his brother?
Cally protect him, too?

Are you kidding?
Donnie?

Donnie was his special project.

Cally made it a crusade to see his little
brother got out of the neighborhood.

He didn't want him to
become a criminal or a cop.

Listen, um, I got no illusions
about Cally Lonegan,

who he is,

but we used him
as much as he used us.

And when I put a man in harm's
way and that man does his job

that counts for something
in my book.

Enough for you to tell him
about Sebastian Waziri?

Cally is going down,
Mr. Innes,

there's no reason
for you to go with him.

It looks like you have your own
family to think about, Mr. Innes.

Cally was with me and
Washington that night,

having dinner when
Malloy got clipped.

I just wanted to warm him that
the cops were looking at him,

that he should mind
his P's and Q's.

It never occurred to me that
his brother was involved.

I didn't know his niece
was involved with Malloy.

Cally must have asked Donald
who the witness could've been,

and zeroed in
on the cab driver.

But you did tell Cally that he was about
to be arrested on weapons charges.

He wasn't running when
he went up to Oneida.

He just wanted to talk to his
brother while he was still free.

To get their story straight.

You understand you can have
an attorney present, too.

You don't need a attorney,
he didn't do anything.

Is that true,
Professor Lonegan?

CALLY: I killed Malloy,

and I killed the cab driver.

The cab driver?

The man who had the misfortune

of picking you up after
you shot James Malloy.

JACK: An African immigrant working double
shifts to bring his family to safety.

While you were busy
avenging your daughter,

you deprived a mother and her
children of their last hope.

He didn't avenge
Margaret, I did.

Do you really think you
can go back to Oneida,

back to the university,
back to your old life,

teaching math
to undergraduates,

and pretend that none
of this ever happened?

Professor Lonegan?

I told you he had
nothing to say.

Cally, I can speak for myself.

You don't know how the
game is played, Donnie.

Maybe it's time I learned.

Maybe it's time you shut up.

Did I ever ask you for anything,
all these years? Did I?

Yeah, plenty.

Every time Pop came home drunk

and you hid in your room
with all those books,

what did you think we were doing down
there, rearranging the furniture?

All you had to do
was leave her alone.

I am sorry about Margaret
more than you will ever know.

But you ain't gonna throw away what we
done together because you feel bad.

She was my daughter, Cal.

It's one thing killing the man you
blame for your daughter's death.

I killed Malloy.
He was doing my niece,

stringing her out,
she OD'd on his junk.

Besides, he was ripping me off.

But your actions
resulted in the murder

of a completely innocent man
with a family of his own.

CARMICHAEL: How can
you live with that?

How will you sleep at night?

CALLY: Don't make it
all mean nothing.

Don't end up in a cage.

You owe me that much.

I did both murders.

If you're convinced Donald
Lonegan killed Mr. Malloy,

you can't charge my
client with that crime.

JACK: We don't intend to.

We have two FBI agents
who will testify that

Cally Lonegan was having dinner
with them when Malloy was shot.

You know, as much as it pains us to
say it, your alibi is iron-clad.

We're keeping the case open.

So go back. Go back,
Professor, and wonder,

every time the doorbell rings if
it's the police coming for you.

They got nothing, Donnie.
Just get outta here.

Your client will be
arraigned for the murder

of Sebastian Waziri tomorrow.

We're finished here.

Save the state a lot of money
if you let me plead to both.

Not an option.

Cally?

Take it easy, kid.

Regards to Mary.

You want to do the
press conference

as soon as Cally
Lonegan's arraigned?

Abbie just went to
check with Corrections

to see if he's
been produced yet.

I want to be able to tell them
that we're close to charging

his brother with
Malloy's murder.

On what evidence?

We can't match the gun.

Our only witness is dead.

And Donald's not giving it up.

But we're not closing the case.

No, we're continuing
with our investigation.

Is he here?

Cally Lonegan will not be
arraigned this morning,

or any other morning
for that matter.

He was found in his cell, at Rikers, dead.
He was stabbed.

Why the hell wasn't he
in protective custody?

He refused it.

Whoever put the knife in, Benny
Gambese is the one who ordered it.

And Lonegan had to have
known it would happen.

Brotherly love.