Law & Order (1990–2010): Season 11, Episode 7 - Amends - 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.

I'm looking at numbers,
Lieutenant Van Buren.

Grand Theft Auto down 14%,

Burglaries down 11%.

You shut down a number of quality-of-life
conditions in your precinct.

Some excellent work.

Thank you.



Then I look at your clearance
rate for homicides

and a whole different
picture emerges.

Twenty-two percent below
the Borough average.

VAN BUREN: Well, we've had some tough
ones the last couple of months.

CHIEF: Come on, Lieutenant,
talk to your Chief.

What's the problem here?

There's no problem, Chief.
We just have to try harder.

Unfortunately, that's not
an adequate response.

Well, I don't know what other
response to give you, sir.

Something along the lines of a
guarantee is what we're looking for.

If it means culling
the cold case files,

you get that clearance rate up
or we'll make a guarantee.

We'll guarantee
you'll lose your command.

FIRST DEPUTY: We can always
find a place to transfer you



where the pressure
wouldn't be as great.

CHIEF:
Get the picture?

Yes, Chief.

ED: Here's one from 1992,

suspect dropped dead
from a heart attack,

and the family of the victim
moved back to Kurdistan.

Why don't you put in
for travel vouchers?

See if they'll let us
clear that one.

This one's from '88.

Homeless male Caucasian
beaten to death

in a steam tunnel
underneath Grand Central.

We oughta be able to home in
on that perp, no problem.

Yeah.

Oh, here's one from '81
that Tommy Brannigan worked.

Mmm, your old boss.
Yeah.

Marybeth Mosley
was 16 years old.

Beaten to death with a
ratchet on West 92nd Street.

Only suspect was a plumber
whose wife provided alibi.

Maybe 19 years later
she changes her story?

Hey, why don't you call
your pal at the Daily News?

They run a story about how
the case is still unsolved.

Maybe somebody pops out
of the woodwork.

Brannigan still with us?

Yeah, he's retired. He
lives out on the Island.

You wanna take a ride?

The Mosley case, huh?

You guys must really be
looking for something to do.

Our boss needs to get
her clearance rate up.

So you go to
a 20-year-old case.

We were hoping the guy you
liked might have a weak alibi.

This would be the plumber?

Uh-huh. Fred Jenks.

The wife swore
she was with him.

Yeah, he was working
on the house.

Had a record.

We sweated him
as much as we could,

but we didn't get anywhere.

Tommy, is there anything
you can think of

that might help us out?

Wife's looking to give him up,
that's one thing.

If she's not,

I don't know what to tell you.

Mosley, Marybeth.
Initial here.

Any loss or damage
to the property

is the sole responsibility
of the signing officer.

Sign over here.

Where's the deceased's
clothing?

What you see is what we got.

What about the murder weapon?

Nineteen-inch drive ratchet.

Maybe the D.A.
held onto it,

or the vouchering officer.

Could be it was misplaced in the
move from the old Property Room.

Well before my time.

What's the sign-out
sheet say?

It's not attached.

How can that be?

A 20-year-old case,
Detective. Give me a break.

Originally they liked
the plumber, Jenks.

He had access to the girl
and he had a record.

And an alibi.

Yeah. His wife.

Freddie and I split. It's three
years this past Columbus Day.

You told the detectives
investigating your husband

that he was with you the day
the Mosley girl got killed?

I got a job by Roosevelt
Avenue and Main Street,

going out to Bayside.
Who's over there?

Do you remember telling them
he was with you?

Yeah, I remember
saying he was with me.

We were buying that
green velvet recliner

I got in my basement.

Car 214, are you gonna tell me
you're not by Roosevelt Avenue?

Ma'am, can you tell us where
we can find your ex-husband?

He's working in Chelsea.

I shouldn't even be talking
to you without my lawyer.

Hey, it's your call.
We can always come back.

Just a couple of loose ends.

Oh, loose ends.

You guys never go away, do you?

But the theory of
the case back then

was that she was killed
by somebody who knew her.

Which is why they focused
on you and your yellow sheet.

Focused?

Frigging cops practically
rented a space in my keester.

Hey, you were working
in the Mosley house

at the time of the murder.

I was working
in the Mosley house

on the day of the murder.

At the time of the murder,

I was with my wife
buying a recliner.

Wives can be pretty loyal.
Even ex-wives.

You want someone else?

Johnny Estrada helped me
move the recliner

because my ex-wife
(CHUCKLES) was too delicate.

Go and ask him.

Since the stroke,
some things I know.

My eldest went to Syracuse,
to college,

but I can't remember
where he lives now.

(SPEAKING SPANISH)

(SPEAKING SPANISH)

He knows.
He just can't remember.

Señor Estrada,
you told the police

that you were with
Mr. Jenks around 7:00

the night the girl
was murdered?

Whatever I said,
it was the truth.

Well, maybe just
to help a friend,

you shaved a few minutes, huh?

No, sir, Fred Jenks
is not a murderer

and I am not a liar.

A man does not go out
to buy an easy chair

after he has murdered
a young girl.

You worked in the Mosley apartment
at the same time as Jenks?

Yes. I was a painter.

I know it was a long time ago,

but is there anything you
remember from being in the house

that could help us?

I remember a lot of boys
being in there.

And the young girl,
she was very beautiful.

Nineteen years.

Sometimes I wake up,
I think it's all a dream.

I know. I'm sorry we have to
bring the whole thing back.

Marybeth came home from school.

St. Julian's
on Columbus Avenue.

She had a riding lesson.

The stables on 97th?

Mmm-hmm.

She went up to change. Oh!

Then she comes down those
stairs, two at a time.

(CHUCKLES)

Well, in her riding clothes.

Always in a rush, that one.

I told her to sit down,
I'd make her a sandwich.

She was so skinny.

If I hadn't made her
eat that sandwich,

maybe he wouldn't
have seen her.

Did your daughter date, ma'am?

Between school, riding, the piano,
she didn't really have the time.

Was there anyone
who was interested in her?

Quite a few.

Marybeth Mosley.
We called her M and M.

Melts in your mouth.

Hey, it was the '80s.
Blame it on the Boogie.

What was your relationship
with Miss Mosley, Counselor?

Strictly platonic.

It was one I didn't get a chance
to put in the trophy case.

Oh, I can see her death
still weighs on you.

Look, am I showing an insufficient
amount of reverence for the dead?

Forgive me.

Anyway, like I say,
I just admired her from afar.

Well, can you think of anyone who might
have admired her a little closer up?

The only one I can remember her
going out with is Michael Sarno.

Although I don't think she
gave it up for him either.

Any relation to the Sarnos?

Yeah, the Ambassador's son,
the Senator's nephew.

You're saying Sarno went
out with the Mosley girl.

Yeah. For awhile.

But from what I remember, Sarno was
too much of a wild man for her.

Or maybe she was just too
much of a good girl for him.

Either way, they were broken
up by the time she was killed

because I remember he
didn't come to the funeral.

Now, if you'll excuse me,
I've got a 10:00 in court.

Ugh, this is like looking into a
muddy lake trying to see the bottom.

And I have to say,
your friend Brannigan,

he wasn't a whole lot of help.

All right. So we'll talk to some of
the other cops who worked the case.

Most of them
are retired or dead.

You know, I saw Charlie
Curran's name on the file.

I know he's still with us.

I'd just gotten
bumped up to the squad.

Me and a bunch of
other detectives

were assigned to a task
force to work the case.

And you liked
the plumber, right?

Personally, I had doubts.

I mean, we looked at him.

We had this guy's phones up, we talked
to everybody this guy ever knew.

Nothing.

I wanted to concentrate more
on some of the college boys

that were hanging around her.

There was this one kid, Sarno.

Rich kid.
Nasty drunk.

Tea head.

Thanks.

My call, we would've
sweated him good.

Whose call was it?

Tommy Brannigan.

He was the lead detective.

He was Homicide,

as opposed to a slob like me
from the precinct.

He wasn't keen on going
after anyone but Jenks.

I opened my mouth
one too many times

back in the bag
you go, Charlie.

Brannigan was the one
who busted you?

No. Tommy's good people.

As it turns out,
he talked to this Sarno kid.

ED: And?

And I wish I had
known that fact.

I went over his head
to a Captain.

A week later,

I'm walking a foot post
in Washington Heights.

Could've got back on the
squad if I'd wanted,

but the truth is,
I'd rather be in uniform.

Too much politics
in being a detective.

I don't know
how you guys do it.

Oh, we're different. We're
in it for the money.

Thanks, man.

Tommy.

You need anything from town?

Your favorite Sunday, Lennie.
Lamb on the spit?

I'll be there, Peg.

Nice to meet you, Ed.

Oh, you're welcome, too,
of course.

Thank you,
Mrs. Brannigan.

(DOOR OPENS AND CLOSES)

Sarno.
I think I remember him.

He was a skinny kid.

Your notes on the interview
are missing.

That doesn't make sense.

But Charlie Curran says
you did talk to him.

Right.
BRISCOE: And?

He had an alibi.

So did the plumber.

Kid didn't have a record,
which Jenks did.

Kid was away at college,
which Jenks wasn't.

Kid had his old man
who was a citizen,

not to mention an Ambassador,
backing him up.

Who should I have believed?

You understand this was
all before my time.

We just need to know if Mr. Sarno
was here on the day in question.

We consider all aspects of our
students' records to be privileged.

BRISCOE: We don't.

We can always come back
with a subpoena.

But we couldn't guarantee the
press wouldn't get wind of it.

Mr. Sarno
was not on campus.

How do you know?

He was suspended on the
complaint of a young lady.

ED: Fellow student?

Local girl. After a
full and fair hearing,

he returned to the
university a year later.

What was he suspended for?

Will this information
be treated with discretion?

It was nothing. I don't
want to talk about it.

Nothing? The scion
of the Sarno family

was tossed off campus
on your say so.

What did he do?

Why does it matter?
It was so long ago.

Did I mention we're
homicide detectives?

I was seeing Michael.

I met him at the bar
where I waitressed.

We both knew
it wasn't going anywhere.

I mean, he was a Sarno

and I lived with my mother
in a trailer park.

But it was exciting.

Then why the complaint?

It was after a keg party
on campus.

I was supposed to be
Michael's townie date.

I left him
pawing some Chi Delt.

Then all of a sudden I hear him pull
up in his little red sports car

that I loved
going for rides in.

He was drunk.

He started putting
his hands on me.

What'd he do?

He pushed me down.
I hit him,

then he hit me,
then he raped me.

I reported it to
the school administration.

I got a call
from Sarno's father.

Why didn't you call the police?

Did Sarno threaten you?

You don't get it.

The Sarnos don't threaten.

They don't have to.

His father wrote a check
I signed a paper.

Paper saying what?

That I had consensual sex
with him.

I was working two jobs.

Back then, it seemed
like a lot of money.

My client knew Marybeth Mosley.
He liked Marybeth Mosley.

But he absolutely
did not rape or kill her.

And Stephanie Luchien
at college?

Your client like her, too?

That was consensual.

Michael, please.

NATHANSON: You know,
your insinuation's absurd.

Miss Luchien signed a sworn
statement to that 20 years ago.

You pay off
every girl he attacks?

Cheaper to marry him off.

Detective.

NATHANSON: All right.

Michael, Mr. Ambassador,
come on.

These people have nothing.

Uh... (CLEARS THROAT)

If you anticipate using Stephanie
Luchien as a pattern of rape witness,

Miss Carmichael, think again.

And when you do, think
about your witnesses.

Invalids who can't even remember their
own names or are dead or missing,

along with half
the physical evidence.

That's enough.
Barry, let's go.

All right.
Gentlemen, Miss Carmichael.

Now what?

Remember what the Luchien girl said
about the little red sports car?

You want to check
the DMV for citations?

That's how
they nabbed Berkowitz.

No. Nothing registered
to a Michael Sarno.

A red sports car.

Like 1980, '81?

Sorry. Database is not set
up for a model search.

Okay, try any variation
on Sarno.

Maybe we'll get lucky.

Got a Peter Sarno.

The Ambassador.

Peter Sarno owned three sedans

and a vintage
TR6. Red.

Triumph.
Kid's ride.

With a parking citation issued
in the Borough of Manhattan,

August 21st, 1981.

The day of the murder.

DMV can't even
spell my name right,

and they got a 20-year-old
ticket in the system?

Go figure.

Hey, we know Sarno's the guy.

We just can't find
anything to lock it down.

Nothing further on the kid's
whereabouts on the day of the killing?

His car was in New York, but nobody
we talked to puts him with it.

And we talked to everybody.

Well, if it's obvious to the
two of you 20 years later,

how did Brannigan manage
to miss it at the time?

Looks like he has a hard time believing
an ambassador would know how to lie.

Tommy Brannigan's the
best pure cop lever knew.

(KNOCK AT DOOR)

Lieutenant, this guy'd like
to have a word with you.

Can't you handle it?

It's about the Mosley case.

Ah. Thanks.

PALEY: I saw in the paper
that the Mosley case

was being investigated
again, and it...

It made me remember this thing
that this guy said one time.

ED: What guy?

I can't tell you that.

What can you tell us?

This guy said he killed a girl.

He said he beat her with a ratchet
after a night of drinking.

I know he knew the Mosley girl.

I think it was her.

How did he come
to tell you this?

We were in rehab together.
It was in a meeting.

ED: For this information
to be of any use,

you're gonna have to
tell us who the guy is.

I'm not at liberty
to say who it is.

Why did you come here,
Mr. Paley?

I don't know. I...

I was afraid maybe you'd
arrest the wrong guy.

And how does this stop us
from doing that?

Well, you could maybe tell me who
it is that you're gonna arrest,

and I could tell you if it
was the same guy or not.

Lieutenant, would you and Detective
Green excuse us for a minute?

Sure.

(DOOR CLOSES)

How much time you got in?

Two and a half years.

I'll have five years.
February 5th.

So you know.
I can't say a name.

Yeah, but I know this.

There's a woman out there who lost a
daughter, who deserves some closure.

And there's a bunch of cops
trying very hard to find out

who committed a murder
20 years ago.

Now, maybe they're gonna
arrest the right person.

But there's always a chance they
could arrest the wrong person.

So what are you saying
I should do?

Ask your higher power
what's right.

Michael Sarno,
you're under arrest

for the murder of
Marybeth Mosley.

Dad.
Not a word, Michael.

Michael, trust me.
You'll be fine.

Are those necessary?

Detective, my client's
surrendering.

Yeah, sure. If he gives us his word
of honor never to do it again,

we'll just forget
the whole thing.

Let's see, one count each,
Murder in the Second Degree,

Rape in the First Degree.

1981?

A little slow stepping up to the plate
on this one, eh, Ms. Carmichael?

Mr. Nathanson?

Not guilty to all
charges, Your Honor.

CARMICHAEL: People request
remand, Your Honor.

The defendant is being
charged with a murder

he's taken pains to conceal
for the past two decades.

He's concealed nothing
because he's done nothing.

CARMICHAEL: He's
confessed, Your Honor.

NATHANSON:
Nothing of the sort.

And defense challenges
the statement

as uncorroborative
of the underlying charges.

It's a matter of fact
for a jury, Judge.

Your Honor, we...

Save it for trial, Counselor.

Bail is set at
one million dollars.

We'll post that before lunch.

I'm happy for you both.

Next.

Ah, you see, J.J., what
detectives do 90% of the time

is sit around and drink coffee.

And you got
perfect timing, too.

We were just gonna
send down for lunch.

ED: What's up, J.J.?

You want me to take him downstairs and
show him how to roll fingerprints?

Very nice of you, Ed, but I
don't want to be a bother.

No bother.
You want to go?

Could I?

Sure.

BRANNIGAN: I'll be down
for you in a second.

Thanks for calling me
about the collar.

Oh, hey, after the boss, you
were the first one to find out.

I dug around in my notes for the
name and address of this girl.

Janice Trainor. She was
Marybeth's girlfriend.

I figured they might
want her for a witness.

Yeah, I'll let 'em know.

You wouldn't happen to know

whether they were planning on
calling me as a witness, would you?

No, I don't.

Only reason I ask
is I'm supposed to go down

to my daughter's
in Florida around then,

and I'd be looking to buy the
tickets couple of weeks in advance

on account of the fare.

You call in
to the D.A.'s office?

Ah, I don't want to be
a pain in the ass.

Give me a call if you
hear anything, will you?

You got it.

And congratulations.

Oh! Hey, we caught a break.

I wish it had been me.

But if it wasn't me,
I'm glad it was you.

Take care, Tommy.

Nathanson is right behind me.

What can we do for you, Barry?

Ah, some preliminary matters.

Like pleading your client
to the top count?

NATHANSON: Hey, hey,
sense of humor.

Something your predecessors lacked.
I like that.

Half your witnesses are dead
or in need of nursing care.

Missing evidence,
contradictory statements.

No, Mr. Sarno is not inclined
to plead to anything.

Fine. I'm curious to hear how he
explains his confession to a jury.

Confession?

Doesn't pass
the laugh test, Jack.

Motion to suppress.

Only person ever hears of my client's
purported statements is a judge.

"Sarno's alleged declaration,"

"ambiguous at best, is in any event
inadmissible as privileged."

Didn't you tell me Sarno
confessed to a friend

in a group therapy session?

Yeah, Paley. He's the only
one who wants to talk.

He'll have to do.

Every do-gooder in town's
jumping on the Sarno bandwagon.

Amicus briefs on
the motion to suppress.

AA, ACLU, AMA.

Now, Doctor,
you are a psychologist,

licensed by
the State of New York?

I am.

I'm also the director
of the Morningside Clinic,

a drug and alcohol
rehabilitation institute.

And you were leading a group therapeutic
session on the morning in question?

Yes, Mr. Nathanson.

Mr. Sarno was
one of four patients

undergoing intensive
counseling sessions

as part of their treatment
for alcohol addiction.

Dr. Hermann, without revealing the
remarks of any of the participants,

is there any doubt in your mind

that this session was conducted within
the confines of a professional setting?

No, none whatsoever.

What's to stop a member of a group
from telling someone, anyone,

what was said
in a therapy session?

Legally, I'm not qualified
to answer, sir.

Morally, ethically,

I believe my patients feel bound
by a sense of confidentiality.

"What you hear here when you
leave here, let it stay here."

You're aware that notion
has no legal effect?

Objection. The witness has already stated
that he holds no degree in jurisprudence.

Sustained.

As lead counsel,
I speak for all parties.

Whatever Mr. Sarno
may have said

falls under CPLR 4507.

That section creates
the privilege

between a psychologist
and one client. Singular.

Mr. Sarno was in a group
therapeutic session

conducted within AA guidelines,

supervised by
a licensed psychologist.

Your Honor...

That's not just my
position, Your Honor,

but those of the American
Civil Liberties Union

and the American Medical
Association and AA.

Your Honor has their
Amicus submissions.

JACK: So we're
on the same page.

Your client did admit
killing the Mosley girl?

I make no such concession,
Your Honor.

JACK: Mr. Sarno made his statements
in a room full of people.

Their presence
shatters any privilege.

Not if they're all members
of a therapeutic group.

The privilege radiates from the
psychologist to each member.

People v. Wilkins,

the privilege between psychologist and
client should be viewed as broader,

broader than
doctor-patient.

There is no confidentiality
when others are included.

The point of group therapy,
all therapy is to heal

through revelation and sharing.

Where does it end, Your Honor?

Privilege as such is designed to
be as narrowly drawn as possible.

Your Honor, be advised

that the organizations
represented here today

are prepared to take
this point on appeal

all the way up to the nine
wise souls in Washington,

if necessary.
Enough.

The purpose of the statute conferring
psychologist-client privilege is clear.

Without unfettered communication
between therapist and client,

the therapeutic effect
would suffer.

That Mr. Sarno made statements
in front of other clients

I find immaterial.

The motion to suppress
is granted.

Counsel is to pick
a date for trial.

Preferably a short one.

(GAVEL POUNDS)

Mr. McCoy...

Mr. Nathanson tells me you have
little in the way of evidence,

and now you haven't got
my son's statement either.

All due respect,
Mr. Ambassador,

we have sufficient for conviction,
as Judge Rivera indicated.

Please, Mr. McCoy,
we're not children here.

I know the distance between a technical
sufficiency and a conviction.

What do you want,
Mr. Sarno?

I want what any parent
in my position would.

An end to the persecution
of my boy.

It's prosecution,
not persecution.

And we're doing this because
we think your son is guilty.

Please, spare me the
fake pieties, Counselor.

You're doing it to see
your name in the paper.

Missing murder weapon, no DNA,
no eyewitness, no confession.

And with Nathanson, you
ain't seen nothing yet.

So where do we start?

I'll dazzle them in the
courtroom as long as I can.

See what you can dig up.

CARMICHAEL: Okay, the M.E.
at the time was Dr. Singh.

Deceased.

(SIGHS) There's no
putting him on the stand.

His report still establishes that
Mosley was killed with a ratchet.

Well, jurors aren't generally
too taken with pieces of paper.

And the ratchet itself is gone.

Yeah. Now,
how does that happen?

Well, once an investigation
is concluded,

evidence is moved from one
PP to a warehouse in Queens.

Sometimes it gets lost,
mislabeled.

And what about before an
investigation is concluded?

It stays in the Property Room.

Unless?

Unless someone signs them out and
we've looked for those logs,

and they're nowhere
to be found.

Can we found out who made
the entries in those logs?

Sure.

Maybe we'll actually find
someone who's alive.

CURRAN: At the time of
the original investigation,

I was assigned to assist the primary
investigator in the collection of evidence.

In that capacity, did you have occasion
to visit the Sarno family home?

I did.

Specifically, I entered
the underground parking area

of the Sarno townhouse
on 5th Avenue.

Would you please tell the jury what,
if anything, you observed there.

Mr. Sarno maintained
a well-equipped workroom,

including an extensive
collection of tools,

among them was a large set
of drivers and ratchets,

missing from these
was a one-inch driver.

Nothing whatsoever
of this witness, Your Honor.

JACK: Marybeth Mosley,
was she popular in school?

I used to be so jealous of her.

Her hair was so straight.

Gorgeous skin.
She was very popular.

Did you know if she had
feelings for the defendant?

For awhile she did.

He was funny,
and he had a lot of charm,

and he really made an effort
to sweep her off her feet.

One summer
they wound up going out.

Were you aware of what it was
that made them stop going out?

Michael wanted a full-on sexual
relationship and Marybeth didn't.

She was definite about it.

He wouldn't take no
for an answer.

Objection.

How on Earth does she know what
my client would or would not

have taken for an answer going back,
what is it, 20 years in time?

Sustained.

Ms. Trainor, was there a time
when, in your presence,

Marybeth Mosley physically
rejected Mr. Sarno?

We were at a school dance.

Afterwards, a bunch of
us went for burgers.

Michael sat beside Marybeth.

He put his hands on her.

I'm pretty sure he was drunk.

She told him to stop.
He wouldn't.

She threw a basket
of fries in his lap.

That slow him down a bit?

No. And when she started
to cry, he laughed at her.

He said he could have her
anytime he wanted.

Thank you, Ms. Trainor.
I have nothing further.

Those his words,
Ms. Trainor?

"I can have you
anytime I want"?

It's hard to remember
exactly after 20 years.

So your response to Mr. McCoy's question
was, what, inexact or invented?

Objection.

No, I'm going to allow it.

I was trying to remember.

Anyone from the District Attorney's
Office help you to remember?

Objection.

JUDGE RIVERA:
Sustained.

Ms. Trainor,
did you relate any part

of this tale of rejection
to the police 20 years ago?

I spoke to a detective, yes.

So it's your testimony
as you sit here today,

that you told an NYPD
detective that my client was,

what, going out
with Miss Mosley?

Yes.

That he was actively
sexually pursuing her?

Yes.

Your Honor, I call for the
production of police reports

reflecting the statements
of this witness.

Counsel, step up.

Do you have this,
Mr. McCoy?

Judge, it's been 20 years. Some of
the documentation has been mislaid.

My client's accused of murder and
Mr. McCoy pleads sloppiness?

This is unbelievable.

Oh, save the histrionics
for the closing, Barry.

JACK: Whether she spoke to a detective
20 years ago is immaterial.

She's here now.

Your Honor, they're pulling an O.J.
in reverse.

Instead of planting evidence, they're
framing my client with the absence of it.

That's an outrageous
accusation.

I move to strike the witness's
testimony in its entirety.

Denied.

Well, I reserve the right
to argue in closing

that the testimony is unsupported by
documents and that it's fabricated.

Granted.
Now step back.

HOPP: I wasn't always in the
Property Room, you know.

1963, I was wounded
in a shootout.

One of the Chinese gangs
down on East Broadway.

Really?

And don't think I didn't
make a collar anyway.

Two of 'em. Yeah.

I walked 'em out with my
arm in a sling (LAUGHS)

Could show you pictures.

Well, actually...

A young woman
was killed around 1980.

A Marybeth Mosley.

The evidence from her case
disappeared from the Property Room.

Mosley.

Oh, wait a minute.

She was killed with a wrench.

A ratchet, yes.

1980?

Right.

So we weren't
on Broome Street anymore.

Do you remember anything
out of the ordinary?

Well, I remember some guy trying to check
things out without signing for 'em.

In fact, it was a wrench,
if I do recall.

Do you remember who?

Some detective. I don't
remember his name.

Oh, driving for Inspector
Holsick is what he told me.

I said, "I don't care who
you're driving for, Skippy."

"You sign the ledger or you're
not taking out nothing."

And did he?

You're damned right he did.

JACK: Finally, Detective,
did you attempt to retrieve

the clothing Marybeth Mosley
was wearing

on the day she was killed from the
Police Property Clerk's office?

Yes.

And the murder weapon?

We... My partner and I were told
that they couldn't be located.

Did the Property Clerk have any explanation
for why the items were missing?

He said they might
have been lost

during the course of a move
to a new building.

Thank you, Detective.
Nothing further.

You've never laid eyes on the alleged
murder weapon, have you, Detective?

Well, I've never seen the dark side
of the Moon either, Counselor,

but I know it exists.

Maybe that's where
the ratchet is.

(SCOFFS) Yeah, I couldn't say.

Nor can anyone else.

Which may mean, could it not,

that the ratchet purportedly
missing from the Sarno's garage

wasn't the murder weapon
at all?

That the murder weapon
was, in fact,

a hammer or a paperweight.

Well, I guess
anything's possible.

And nothing further.

NATHANSON: Michael, how well did
you know Marybeth Mosley then?

We dated for one summer.

Mostly we were just friends.

Ever kiss her?

Sure.

Ever have
sexual relations with her?

No, sir.

Michael, we've heard testimony
that you struck Miss Mosley.

Totally untrue.

We've heard testimony
that in front of others

you swore you could have
her whenever you wanted.

Look, I don't remember
what I said 20 years ago.

Could I have said something
like that fooling around? Sure.

But that's what it was.
Fooling around.

Michael, did you murder
Marybeth Mosley?

I did not, sir.

Thank you, Michael.

Nothing further, Your Honor.

Do you remember telling Detective Thomas
Brannigan that you were in college...

(DOOR OPENING)

That you were in college
in New Hampshire

on the day Marybeth Mosley
was murdered?

Yes, sir.

Was that the truth?

No, sir.

I'd been suspended
from college.

I didn't want my father
to find out.

And you weren't
in New York City

on the day Marybeth Mosley
was killed?

No, sir.

But your car was?

Your Honor, would you direct
the witness to answer?

Mr. Sarno.

I didn't own a car,
Mr. McCoy.

All right, your father's car.

A Triumph model TR6,

which you routinely drove
back and forth to college

and used as your own.

Was it, sir, in New York
City the day of the murder?

Not to my knowledge.

Do you know how that car came
to have a parking violation

issued by the New York
City Police on that day?

NATHANSON: Objection.

If the witness had no knowledge
of the car's whereabouts

how can he possibly
answer that question?

Sustained.

JACK: I have no further
questions at this time.

I reserve the right
to recall at a later date.

Got anything?

We need to talk to Brannigan.

What is it with you guys
and this case?

That's 20 years ago.

There's no statute of
limitations on murder.

You know how many cases I've handled
in the 23 years I was on the job?

I don't remember
details of one case.

You don't remember anyone
getting rid of evidence?

No, I don't.

Was there anyone
in the police department

who tried to influence the way
you conducted the investigation?

What are you saying?

We're asking the question.

I mean, this is just
a friendly conversation.

Do you know how it happened that
evidence disappeared from Property Room?

No. No, I don't.

I don't know nothing.

NATHANSON: Now, you were in
charge of the investigation

into Marybeth Mosley's death,
were you not?

I was.

And you conducted that investigation in
the immediate aftermath of her death?

Right.

So the people who knew the
defendant, who knew the victim,

their recollection of
people, places and things,

they would have been
fresh then, would they not?

Objection. Leading.

Sustained.

Did you consider Michael Sarno

a suspect at the time?

Tell you the truth, I don't remember
loving anyone all that much for a suspect.

NATHANSON:
Well, as a matter of fact,

wasn't the primary focus
of your investigation

a plumber who'd been working
at the Mosley house?

Right.

I thought we had half a
shot with the plumber.

Well, why didn't you think you had
half a shot with Michael Sarno?

As far as we knew, he wasn't in New
York at the time of the murder.

It was the end of the story.

I have nothing further.

Do you think your opinion of the
defendant's whereabouts would have changed

if you knew his car had received
a parking violation in New York

at the time of the murder?

As I recall, the car that received the
parking ticket was registered to his father.

But driven by the defendant.

I don't recall having that
information at the time.

What about the fact

that a one-inch drive ratchet
was the murder weapon,

and a one-inch drive ratchet was missing
from the defendant's father's garage?

Given the fact that
we lost the murder weapon,

I couldn't very well
make a case out of that.

Would you, by any chance,

know how the murder
weapon came to be lost?

No, I wouldn't.

Were you familiar with a police
inspector named Alvin Holsick?

Yeah, I knew Al Holsick.

Were you aware

that from the time of his retirement
until his death two years ago

he was working for
the defendant's father

and being paid more than a
hundred thousand dollars a year?

I don't know
if I knew that at all.

I kind of lost track
when he took retirement.

Were you aware that it was
Alvin Holsick's driver

who removed the murder weapon
from the Property Room?

Objection. Assuming
facts not in evidence.

I'll connect, Judge.

Overruled,
subject to connection.

Detective?

I don't know who took it.

All right, Detective, I'm
going to ask you a question,

and I want you to think
about it before you answer.

Because what you say will be with
you for the rest of your life.

Did Inspector Holsick interfere
with your investigation?

Holsick looked after me.

He said,
"Sarno's not the guy."

I was a little naive.

I said, "I don't know,
Inspector, I think maybe he is."

He said, "You're not hearing me, Tommy.
I'm telling you."

"Sarno's not the guy."

"And as soon as that
proves to be the case,"

"you just made yourself
First Grade."

And how did your respond?

I said,
"What about the evidence?"

He said, "Make sure
that the murder weapon"

"is checked into the Property
Room." He'd take care of it.

He said Sarno was spreading
around enough cash

that whatever's out there
wouldn't bite us.

Did you do what you were told?

I made First Grade, didn't I?

No special pins,
nothing on the uniform.

Just top Lieutenant's pay
and every cop knows.

My old man, rest his soul,

he looked on First Graders
like they walked on water.

When I got it, I went down to the
nursing home and I told him.

I didn't tell him
what I had to do to get it.

That I had to let that
murdering son of a bitch go.

We're prepared to offer a
plea of Manslaughter Two.

Oh. As opposed
to an acquittal?

As opposed to giving
this case to the jury,

in which case,
regardless of the verdict,

we will prosecute
Mr. Sarno Senior here

for obstruction of justice and
conspiracy to obstruct justice.

Have you lost your mind?

NATHANSON: Peter...
I didn't have any...

Peter, just hang on a second.

Let's assume you have
more than the say-so

of this broken down cop to go
on, which I don't think you do.

You're talking about something
that happened 20 years ago, Jack.

Statute of limitations ran out
a long time ago. Come on.

We would argue that the
conspiracy has been ongoing,

and that since Mr. Sarno
actively concealed his crime,

the statute of limitations
does not apply.

Plea... Wrong on the
facts, wrong on the law.

Want to go to court on it?

JACK: Take a chance
on the Ambassador

having an E-felony
hung around his neck?

He doesn't deserve that.

Plead guilty and your
father's off the hook.

But I mean,
he doesn't deserve it.

If there was a crime, it was my crime.
Why would you go after him?

I'd like to talk
to my son privately.

Like how much time would
I have to spend in jail

for Manslaughter Two
or whatever it is?

Did you hear what I said, Michael?
I'd like to talk to you privately.

The sentencing recommendation would
be eight-and-a-third to 12 years.

PETER: Talk to me,
don't talk to him.

You're not his lawyer,
Mr. Sarno.

That's right, I'm his father.

He's 39 years old.

He's also loaded or haven't
you noticed that yet?

Michael, that true?

I'm fine.

All right, he can't participate
in plea discussions,

if he's intoxicated.
Come on.

Fine.
We can continue without him.

Or we can resume this tomorrow.

I'm going to call your boss.

I'm going to get both of
you busted down the ranks.

You will be lucky if they
let you work arraignment

from the drunk tank
on Saturday nights!

We don't have much of
a social life as it is.

Make whatever
the arrangements are.

I'll plead guilty
to Manslaughter.

I'm telling you
to keep your mouth shut.

You're a drunk you're a junkie.

I'm also a murderer!

Obviously we'll need to confirm

he's not impaired when he
enters his plea formally.

You're going to
answer for this.

As will we all.

Tommy?

Tommy, you in there?

There you are.

My wife's been after me
to fix this thing for a year.

It's good you finally
got around to it.

Afraid I was gonna eat my gun?

Now, why would you do that?

I disgraced myself.

Disgraced the job.

You made a mistake.

It's not the end of the world.

I let him go.

He killed a girl
and I let him go.

So now he's caught.

You forgive me, Lennie?

All day long, Tommy.

All day long.