Law & Order (1990–2010): Season 16, Episode 9 - Criminal Law - full transcript

Three women with identical names are murdered with the same m.o.. And Fontana and Green's investigation turns up a 'hit list' with Jack McCoy's name on it, as well as a number of witnesses in one of his trials.

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.

Cream and two sugars.

Morning, Sylvia.

I'm telling you, sweetheart.

You're gonna have to lock
up if you go in the back.

Half your merchandise
is gonna grow feet.

Oh, baby, no.



DOA's name is Sylvia Rossi, 37.

Owns the bodega. The guy who
found her says he's a regular.

What time does Miss Rossi
open for business?

5:30. The call came in at 6:14.

There ain't a whole lot of traffic
coming through here at that time.

Two or three people at the most.

That time of the morning can't
be much in the till either.

.45 shell casings.

Yeah.

That's a lot of bang
for 6:00 a.m.

Woke a few people up.

Far as we can tell, no one felt
compelled to look out the window.

Take a look around.
Maybe the gun got tossed.

Meanwhile,
we'll canvass the area



and see if we can't
jog some memories.

What's up, Carlos?

Take a look.
Two in the ten ring.

Dead before she hit the floor.
Body's still warm.

Third round?

Crime Scene already dug it
out of the wall.

You think the shooter
left us some tape?

I'm looking.

No such luck.

Took the tape not the money?

Sylvia and me, we had
a thing, you know.

We'd talk when I'd stop in.

She was a real good woman.

I'm sure she was.

Hey, did she ever mention any
problems that she might be having?

Personal or otherwise?

I don't know. This part of
town, you get a lot of bums.

But, you know, she could
take care of herself.

I can't believe she's dead.

Joe, you're gonna love this.
Double homicide in Chelsea.

They're giving it to us.

Three DOA's before 10:00 a.m.?

And the Lou's meeting us there.

Thanks very much.

I hope she's signing
overtime slips.

Surprised them at breakfast.

It looks like a blitz attack.

Is that forced entry?

Yeah, through the back door.

Broke the glass
to unlock the deadbolt.

Her husband was the closest.

He heard the glass break,
went to check it out

and got popped in the doorway.

No robbery. No witnesses.

We recovered casings from a .45.

- That's a popular gun.
- Yeah.

The victims,
Michael and Sylvia Rossi.

Sylvia Rossi?

Like your victim
from across town.

Popular girl.

A neighbor in the back saw a white guy
in the courtyard about 7 o'clock.

She couldn't do
better than that?

And she told me that she
misplaced her glasses.

That she thought it was
somebody reading the meter.

Any luck on
the Sylvia Rossi name?

Yeah. We found five more
listed in the city.

Eight in the Tri-State.
Units are on their way.

Let's hope that
we get to them first.

Now we think the name's
the only connection here?

As far as we can tell.

Between this lady and
the DOA at the bodega,

they're from completely
different walks of life.

There aren't many
dots to connect.

Now, have we made notification
on these two yet?

Child Services picked
the daughter at school,

and Green is talking
to her right now.

Yeah. One P.P.

My mom was still asleep.

I didn't even get
to say good-bye.

Did you see your father?

He was in the kitchen
reading the paper,

we didn't talk much,
I, I was running late

so it was more of a "have a
good day," type of thing.

Did you see anybody
on the street?

No.

No, no wait, there was
a guy at the corner.

I thought it was Mr. Wurtzel

so I was about to wave,

but then I realized
it wasn't him.

Can you describe the guy?

He was white.

He wore a hat,
I didn't see his face.

And he had work-clothes on.

You know, like a one piece...

Cover-ails? Like what
a mechanic wears?

Yeah. But I didn't
get a good look.

They were waiting for me,

I had to hurry.

I'm sorry...

Nah, don't be. That's
really helpful, Rebecca.

Thank you.

Can we get some of her
things from upstairs?

Sure. Okay.

We got another one.

I saw the alert
you guys put out.

I figured I'd caught
a bona fide whodunit.

Why's that? Well,
there was no obvious

indication of sexual assault.

Didn't touch the purse. Don't
get many like that, you know?

You got a time of death?

M.E. puts it about
10 o'clock last night.

The attendant
found her this morning

when the lot started filling up.

The shell casings
you found were .45's, right?

You got it. CSU is done
processing, it's all yours.

Thanks.

Yep.

Two rounds. Center mass.

I'm beginning to sense a theme.

She must have been
coming from work.

This address is
around the corner.

She was a victims' advocate.

Now she's a victim.

We were here pretty late.

Someone called to say Sylvia's
car had been broken into.

She said goodbye, grabbed
her purse and ran out.

Did that person
identify themselves?

No.

What kind of cases
was Sylvia working on?

We deal with all kinds
of victims here.

Domestic abuse, rape, assault.

She sort of specialized
in the worst violent cases.

Had she received any threats?

No, not recently.

I need to sit down, all right?

But she did in the
past receive threats?

Sure.

Some guy beats his wife,
we help her dump the jerk,

he blames us.

But Sylvia was
never intimidated.

She'd been a victim herself.

A victim how?

Nine years ago there was
a workplace shooting.

This guy killed his wife,

her boss, some others.

Sylvia got hit. She spent
a month in the hospital.

That's how she got involved
with us, I handled her case.

What happened to the guy?

Death sentence.

Of course, New York doesn't
do executions anymore.

If there ever was a guy
who deserved the needle.

Is he still locked up?

Last I heard.

Well, if you wouldn't mind, we'd
like to look at her current cases?

Sure, I'll get you the files.

So every other Sylvia Rossi
is alive and accounted for.

Bought us some time. Until
he goes after someone else.

You don't think he's done?

Do you? I don't think
he's gonna stop

'til we stop him.

Well tell me something
popped on number three.

There was nothing
in her apartment.

We checked her case files.

All the people that she helped,

got hurt by somebody who ain't
even on the street anymore.

What about that thing that
happened nine years ago?

Since you mentioned it.

Corrections says that the
guy is still incarcerated.

He's doing life without
parole up at Lynwood.

All the witnesses. We crosschecked
their background information,

their LUD's, we're not seeing
another connection here.

So for all we know,
this guy could have gotten

the name out of the phone book.

Lieutenant,
this is not some lunatic

that's running around
with a gun.

Ballistics says that it's a
solid match all the way around.

No prints of value
off the shells.

Most nut cases are
not that detail-oriented.

So this guy lured number three

out of the office
with a phone call.

So he knew who she was,
where she worked.

Well, yeah, he was
doing his homework.

Same with the bodega murder.

And on number three,

the call originated from the
pay phone near the garage?

Yeah. CSU dusted
the phone and the coins.

They're running
the prints through AFIS.

If he's wiping down bullets,
he's wiping down quarters, too.

Then hit the corner.
10 o'clock at night,

maybe someone saw something.

I run a business.

There's no time to sit and
look out the window, you know?

So Tuesday night at 10 o'clock

this was a hopping joint then?

A few customers.

But I have a supply delivery that day.
I have to restock.

You heard about the woman that
got killed next door, didn't you?

In the garage, yeah.

Tragic,

but what do you expect?

What does that mean?

You know how many
times I get robbed?

I do my duty, I help the
police, I stand up in court.

What does it matter?

Mr. Bakalis, if you
have some information,

and you don't share it with us,
you're gonna go right to jail.

So now I'm the criminal?

Maybe you forgot something.

You're operating
a licensed premise.

Okay, maybe, maybe I
see something, yeah.

You never get a white guy
on the pay phone, you know?

Only cell phone.

Except this guy,
he was make a call.

Seemed strange to me.

All right, so you saw him
on the phone, what else?

I had my car parked out front.
It, uh...

I have a couple of
unpaid tickets.

So I was afraid that maybe
he was going to tow me.

Wait a minute. He was
driving a tow truck?

Was he wearing coveralls,
like a mechanic wears?

Yeah, gray ones. And a hat.

Did you see the name
on the side of the truck?

Was it NYPD?

No. No you guys.
It was the same company

that towed me before.
Uh, Balasco Brothers.

Fellas, you know how many
trucks I have in this fleet?

Balasco has got 26 rigs on
contract with the city alone.

C'mon, don't jerk us
around, okay?

You got a plate number,
anything?

No, but this guy would have been

working Tuesday night
into Wednesday morning.

He would have been
in Chelsea at 7 o'clock.

Hendricks, Troy.

Rolled in about 08:30,
said he had engine trouble.

Okay, get him in here now.

And don't mention it's us.

30-19, what's your 20?

Hendricks, where
the hell are you?

Try it again.

Anybody out there
seen Hendricks lately?

Johnson, come back.

Negative, dispatch. I
ain't seen him since rollout.

M.l.A., sorry. He'll turn up.

Okay, you keep trying
and as soon as he gets in

you call us immediately.

I'm gonna put out
a Finest Message,

see if we can get a patrol
to look for the truck.

The truck was empty, Detective.

The suspect came out
of the deli.

He spotted me and my partner.

We lost him on foot pursuit,
I'm sorry.

The alert said spot the vehicle,

do not approach, and call us.

Detective. Warrant's here.

All right, go on.
Get outta here.

He left his bag.

Even more rounds.

A change of clothes.

There's no gun.

I bet he's still carrying it.
It's not in the truck.

All three Sylvia Rossis
are on here.

Some other names.

You recognize the last one?

Jack McCoy?

This is his hit list.

What's wrong?
We've got a situation, Jack.

You've got to come with us.

Tell me what's going on.
Troy Hendricks.

Who? Troy Hendricks.

He's already gunned down four
people and he's gunning for you.

Wait a minute... We've gotta go.

Come on. We'll make sure
the lady gets home okay.

Get in the car.

Rossi, Whitaker, Bowman.

You know who they are?

Nine years ago,

a man named Leland Barnes

walked into his wife's office.

Killed her and three others.

These people
survived the attack.

Testified against him.

So this is about
killing witnesses.

But nine years after the fact?
What's the point?

The Appellate Court just
recently overturned his case.

Barnes has
a bail hearing tomorrow.

Tomorrow.

You're retrying it?

Whatever case I have left.

Did you contact
Bowman and Whitaker?

We're still looking for Bowman.

But Whitaker's address was
confirmed from that list.

We're calling,
no one's picking up.

Fontana and Green?

They're on their way.

What do we know about Hendricks?

So far, he shot three women

named Sylvia Rossi.
And I'm guessing

he didn't know
which one was your witness.

You pulled his sheet? Sheet?

This guy's a stone cold killer,

we can't find a single collar.

We need a face-to-face
with Barnes.

He'll never sit
for an interview.

Not with a new trial pending.

The order must've come from him.

I have no doubt.

I need to go home,
make some calls.

Whoa, whoa, whoa, Counselor.

You're not going anywhere
without security.

Your new detail.

Mr. Whitaker!

- There's police in the house.
- Clear.

Mr. Whitaker!

Mr. Whitaker!

Joe. Joe. Upstairs.

Detective, he's gone.

I'm guessing that was
Whitaker and his wife,

bastard was probably
here an hour ago.

We better find Elaine
Bowman pretty quick.

Hey, little pal.

It's okay. We're police.

Come on. There you go.

There you go.

It's a good thing this
kid hid in the closet

when he heard the screaming
or he'd be dead, too.

The Lieutenant's coming.
She's gonna take over.

Did she get
an address on Bowman?

She got a last known. The woman
married three years ago.

Changed her name?
Elaine Paschal.

As of this morning,
we have six homicides.

Two of our three
witnesses among them.

And you're on this list, too.

Where are the police
on catching this guy?

I spoke with
the Chief of Detectives,

they're putting
together a task force.

Fontana and Green have
identified the suspect,

a man named Troy Hendricks.

What's the connection between
Barnes and Hendricks?

We checked visitor and phone
records through Corrections.

There's no direct contact there.

However conspired,
it came from Barnes.

It's the only reason
my name is on the list.

You don't go anywhere
without security.

Check into a hotel until
they catch this Hendricks.

I've dealt with threats before.

No, not like this. Don't
antagonize the situation.

I'm not stepping aside.

I lived with that trial
for two years,

I know Barnes.

That's just my point.

I'm not at all sure you
ought to stay on this case.

So we should just
give him what he wants?

What he wants is you dead.

Hell, you ought to
be carrying a gun.

I'm not going to be
intimidated, Arthur.

If he's coming for me,
I'm going to go after him.

Your attorney was supposed
to be here, Mr. Barnes.

No attorney. Not this time.

Just me.

You're going Pro se?

I don't know what Jack here told you
about me. But I'm a damn good lawyer.

You weren't redeemable then, Mr.
Barnes.

And you still aren't.

Remember what you said about me?

No conscience, no remorse.

Wife beater.
Dangerous individual.

Is that why you tried
to execute me?

A jury gave you the
maximum penalty under the law.

Oh, no, it's on him.

He fought hard to put me
under a death sentence.

So this is turnabout?

Killing witnesses
and threatening my life?

I don't know
anything about that.

What about Troy Hendricks?

Never heard of him.

He murdered two people who
testified against you at trial.

I don't know him.

Check the prison records
if you don't believe me.

You wouldn't be that careless.

When we get a statement
from Hendricks

saying that you
ordered those killings...

Why are we talking?
He's not cooperating?

You haven't caught
him yet, have you?

I'll put one deal on the table,

for consideration at sentencing.

One chance to call Hendricks off

before more people get hurt.

Don't insult me.

You have no idea what you
put me through in here.

Nine years inside.

You won't walk out of prison
by murdering witnesses.

It's a terrible feeling
waiting to die.

Don't you think, Jack?

Your Honor saw fit

to remand the defendant
during the first trial.

In light of
the present situation...

Mr. McCoy's accusations
are baseless.

Two witnesses who
testified against the Defendant

have been murdered
within the last 48 hours.

The District Attorney's office is going
to great lengths to implicate me.

Mr. McCoy, I can't remand

the defendant based
solely on your speculation.

In fact, Your Honor should consider the
weakness of the People's entire case.

We've filed an
application to include Rossi

and Whitaker's prior testimony
pursuant to CPL six-seven-ten.

It's inadmissible hearsay.

The defendant's previous counsel
cross-examined both witnesses.

And the Appellate Court

overturned my case due to previous
counsel's ineffective assistance.

This negates the value
of any prior testimony.

I wish you could give me more than
vague allegations, Mr. McCoy.

Mr. Barnes has a
compelling argument here.

In the alternate,
we request a Sirois Hearing.

Okay, you prove

the Defendant's misconduct,
prior testimony can come in.

Mr. Barnes,

I'm remanding you to custody
pending the hearing.

Any word?

The police are issuing
a statement to the press.

Hoping for tips on Hendricks?

Jack, there are a lot
of people working on this.

What about Elaine Bowman?

Fontana and Green
are still looking.

Jack.

Arthur gave you the out.

You could've
handed this case off.

Would you let
intimidation affect

the way you prosecute a crime?

I'm not talking
about intimidation.

I'm talking about
getting killed.

Doesn't make a difference.
It's about the law.

It doesn't work
if we don't make it work.

Off the record?

By all means.

Trying this case.

Frankly, even standing next to you
lately scares the hell out of me.

Enough time?

This guy's going
to figure out away,

police protection or not.

Okay.

Maybe.

That's not reassuring.

Honestly, I'm scared to death.

Don't tell Arthur.

But handing off this case

doesn't take my name
off the list.

I hope that'll convince
Elaine Bowman.

It should.

Hi, can I help you?

I'm Detective Green, this is
my partner Detective Fontana.

Are you Elaine Paschal?

Bowman. I got divorced
and I switched back.

What is this about?

Nine years ago, you
testified against a man

named Leland Barnes?

What do you want?

Could we talk
to you inside, ma'am?

We have Elaine Bowman
in protective custody.

She's in a hotel in Newark.

You know she'll deliver?

She's the only one still alive.

What about the prior
testimony of the other two?

Barnes has made a compelling
case for exclusion.

Circumstance should be enough
to prove his misconduct.

Then it comes in.

And by chance it doesn't, and
our Miss Bowman gets cold feet?

We already floated a deal.
Barnes threw it in our face.

Better the terms. You go
low enough he'll bite.

He still has to do serious time.

I'm talking about
keeping him in jail.

He'll still be
decorating his cell

when the Grand Jury indicts him

for the murders
of these witnesses.

Aren't we getting
ahead of ourselves?

We still can't connect
Barnes to the killer.

And the police still
haven't made an arrest.

All the more reason
to work out a deal.

Timing and motive clearly
illustrate the defendant's

attempt to silence
these witnesses.

The People can't meet
their burden under Sirois

without evidence that
connects me to the suspect.

Direct evidence is not
necessary here.

A reasonable inference
can be drawn.

Only if the question of my
involvement remains unknown.

And in this case, the People did
investigate, and none was found.

Common sense says that the
perpetrator could not have assembled

this list of targets without
the assistance of Mr. Barnes.

These murders benefit only him.

Your Honor, I am not saying these
murders don't help my case.

Lam saying I had
nothing to do with them.

And Mr. McCoy's speculation

is not a substitute
for real facts.

The prior testimony was on the
rocks as it was, Mr. McCoy,

given the ineffective counsel.

I have no choice here, Counselor.
The law requires more.

Rossi and Whitaker's
testimonies are out.

I'll leave the door open
for another Sirois hearing

as your case develops.

Your Honor, I have another matter
to discuss with the court.

I'd like to interview
Elaine Bowman.

Our witness is under no obligation
to speak to the Defendant.

Your Honor, I cannot conduct a
proper investigation from prison.

This unfairly
undermines my defense.

Stand-by counsel
can do the interview.

People v. Henriquez, Your Honor.

The court cannot force
a lawyer upon the defendant.

His role is strictly advisory,

the job of interviewing is mine.

The defendant's only attempting
to intimidate the witness.

We can meet on neutral ground.

We can use a conference room
here in the courthouse.

What can I do here, Counselor?

I'm not looking
for another reversal.

Your Honor...

Watch yourself, Mr. Barnes.

Mr. McCoy,

make sure your witness shows up.

Somebody out there
is helping Barnes.

Man was right with
a lot of people in here.

Did my appeal, got me up
for parole next month.

I'm talking about six murders.

That's a helluva favor.

Nine years in Lynwood is plenty of
time to make the right contacts.

You were his cellmate,
you know who he talked to.

Barnes wasn't no Johnnie Cochran.
Nobody walked outta lockup.

Nobody owed him six bodies.

Did he ever mention a man
named Troy Hendricks?

No.

No one with that name
ever came to Lynwood.

Not as a visitor or inmate.

Barnes would've used another
inmate to communicate through.

Send letters, make phone calls.

We searched his cell.
No correspondence was found.

I saw Barnes reading letters,
a bunch a times.

Tore 'em up when he was through.
I seen him do it.

Who were they from?

Well, maybe his kid.

Barnes talked about him
now and then.

There's two sons listed
on his pedigree sheet.

Harlan and Robert.

Didn't mention a name.
Said his son.

And according to our records,
neither son ever visited.

And all the correspondence
listed incoming and outgoing,

didn't have their names on it.

So who passed him the letters?

I'll talk to the parole board,
Mr. Gilroy, if you cooperate.

After that it's three years
before your next hearing.

Don't matter anyhow,
man's dead now.

Anton Garfield.

What do you mean he's dead?

He was found hanging
in his cell two weeks ago.

That's right before Barnes
moved down to Rikers.

So Barnes staged the suicide.

The dead guy was his contact.

Killed the messenger
to cover his tracks.

Helps make
a circumstantial case.

A convicted felon up for parole?
Helps nothing.

Not on testimony alone.

You buy one of his sons
as the shooter?

They were kids when their
father was convicted.

Nine years ago.

Harlan'd be 21 by now.
Robert, 25.

Call Van Buren. Have Fontana
and Green track them down.

I haven't talked to my
father since he went to prison.

Where's your brother these days?

I haven't seen Harlan
in a few months.

Listen, where were you
Tuesday night around 10:00?

Uh... Chelsea. Gallery opening.

What about Wednesday morning?

I pour coffee, first
shift, 6:00 to 2:00.

Look, are you gonna tell me
what this is about?

Yeah, we're investigating
a murder.

That has to do with my father?

Harlan. Harlan may
have been involved.

That's odd. We tell you that your
brother may have killed someone

and it doesn't seem
to surprise you.

What if we tell you he may
have killed six people?

The thing on the news? Yeah.

Look, Harlan has problems.

Gets angry.
Doesn't come out of it.

Does he own any guns?

I don't know, maybe.

Has he been in contact
with your father?

Last time I talked to him,
he said...

He thought Dad might
get out of prison.

I thought he was talking about the
appeal, I didn't think that he...

Look, Robert, we need
to find your brother.

The longer he's out there, the
more people that he's gonna hurt.

He never stays
in one place too long.

Is it possible that
he's with Troy Hendricks?

You know who that is?

We got sent to live
with the Hendricks.

Troy was their son.

When my mother got killed,
and my father went upstate...

Your foster brother?
Would've been.

Troy died a couple of years
before Harlan and I showed up.

Harlan Barnes has been
using Troy Hendricks's identity.

And we're sure
this is our shooter?

Green and Fontana showed photo
arrays to his dispatcher.

We can put him in the area
of two of the homicides.

Father and son.

Easy jump to conspiracy
right there.

Except there's no evidence of any
contact in the last nine years.

No letters, no calls, no visits.

Because Barnes has been smart
enough to insulate himself.

Means we need Harlan to flip.

Means we need to catch him fast.

Elaine, we can't
convict him without you.

And he could walk out of prison.

I should've done something
then for Kelly.

That's Barnes's wife.

What do you mean?

One time she came in with bruises
on her neck and her arms.

She'd tried to cover them up.

There had been allegations
of domestic abuse.

Yeah, she said it was her fault,

that she'd provoked him.

She told me they were getting into
counseling and I believed her.

Or I don't know, maybe I
wanted to believe her.

Maybe it was easier than having
her dump her life in my lap.

We never mentioned it again.

And then that day...

He had already
shot up half the office.

He had the most

terrible look on his face,
you can't imagine.

I was lying on the floor,
next to Kelly,

and he walked up.

And she didn't say
a single word.

It was like she expected it.

And then he pointed
the gun at me,

but nothing happened.

And the next time
I saw him was in court.

You were lucky.

Yeah. Lucky enough
to go through this, right?

We're looking for the shooter.

We're gonna catch him, okay?

And what if you don't?

Where am I going to hide then?

You're scared, I understand.

But, Elaine, we're counting
on you to do this.

I sat in the cubicle
outside the VP's office.

Your wife sat next to me.

Where were you in relation
to Sylvia Rossi

and Leon Whitaker?

Sylvia was across the room,
at reception.

And, and Leon was in the
office next to the stairs.

When the shooting started,

he opened the door and
that's when he got shot.

And you're aware they won't
be testifying in this trial.

That has nothing to do
with her testimony.

It's my interview, Mr. McCoy.

I ask what I need to know.
You don't talk.

Try to intimidate
the witness, Mr. Barnes,

the hole gets deeper.

Miss Bowman,
when the shooting began,

what did you do?

I got down.

L, uh... I pulled myself
under my desk.

I could hear gunshots
and screaming.

You were under your desk.

Yeah.

But you saw Leon Whitaker
get shot?

I barely saw it happen.

So you were under your desk.

You were terrified.

Did you shut your eyes?

Yeah.

Did you keep them shut?

The entire time.

The entire time you
kept your eyes shut.

The entire time.

So you can't actually say I was
the one killing those people.

This interview is over.
Miss Bowman.

Was I the one you saw?

Look at me.

No, it wasn't you.

I'm taking this to the judge.

Say what.
I didn't intimidate her.

I didn't have to.

You'll get my Motion to
Dismiss in the morning.

I don't care what I said before.

We don't have a case
without your testimony.

I'm not going through
this again. I can't.

Then you'll be subpoenaed and
put on the stand under oath.

I'll say exactly
what I said today.

And be charged with perjury.

You can't keep Barnes in jail,

so you're gonna
stick me there instead?

If it comes to that.

You people are unbelievable.

You expect me to do this alone.

Barnes won't let you off the
hook because you walked away.

Maybe if he's out, he'll be
a little more forgiving.

If he's out, no one is safe.

He's in prison,
lam still not safe.

Neither were the others,
that guy is still out there.

Elaine, let's go back to the
office and talk about this.

No. No, you can't protect me.

And I'm not gonna
live in a hotel

off the Jersey turnpike
for the rest of my life.

I'm sorry.

Mr. McCoy,

we're gonna get you in the car,
get you back to the hotel now.

Yep. Copy that, King Five.

TARU's reporting some activity
on the brother's phone.

I want Fontana and Green
to pick him up.

TARU says your guy just got
a 12 second phone call.

Voice on the other end
gave him a number.

Was it a pay phone?
That's right.

They say how long it'd take
to get up on it?

Too much time. There he is now.

Hands where I can see them!
Whoa. Whoa. It's cool.

Up against the wall!

Was that your brother on the phone?
I don't want any trouble.

Was that him?

Look, he thinks you tapped my
phone, he's calling me for money.

This is my father's fault. I'm trying
to get Harlan to turn himself in.

Where is he? I don't
want him to get hurt.

He's my little brother, man.

Tell us where he is
and he won't.

He's got a girlfriend
lives in Greenpoint.

Police! Down on the ground!

Get down. Get down.

We've been looking for
you, Harlan. All right. All right.

- We've been looking for you. Down.
- Get off. Get off me.

Just these two, Detectives.

Look at this, one very
well used murder weapon.

All right. Come on, Harlan.
Get up.

You're under arrest for murder.

Can we flip him on his father?

This kid's a tough nut,
but we're trying.

We have Barnes's dismissal
hearing in an hour.

I'll let you know.

So what's it gonna be?

This is all pretty cut
and dry now.

You' re gonna get charged
with six homicides.

And two more on conspiracy,
including a District Attorney.

And on that one, they're
gonna add attempted murder.

You're pretty well done.

Look, man, we know your
father gave you these names.

I guess he was giving you a chance to
prove how good of a son you really are.

But you failed, Harlan.

You missed two of the names
that were on the list.

Are we right?

There is no way you came up
with these names by yourself.

Rossi, Whitaker, Bowman,
Jack McCoy?

How did you get the names?

Newspaper.

They weren't in the newspaper.

And you weren't
at your father's trial.

We know that nine years ago,

they dumped you
with the Hendricks.

I'm sure you remember this, it wasn't
exactly a happy time in your life.

And we know
he reached out to you,

passed letters
through another convict.

So what'd he say?
He was a good guy?

He was just misunderstood?

I heard that it didn't
take much for him to start

beating the crap
out of your mother.

How did he explain killing her?

Said he had a good
reason, didn't he?

Harlan, what did he tell you?

He say that she betrayed him?

She was messing around
with other men?

Don't ever talk about my mother.

I'm not, I'm talking about
your father who lied.

Your mother was actually
a good person.

And then Dad
blew her brains out.

What happened had to happen.

What the hell does that mean?

You can't understand.

My father's a good man.

What you can't understand is you're
gonna do good time for your father.

I can't believe that you're gonna
take this whole rap by yourself.

They're throwing you
under a bus.

Do you think that you're ever gonna
hear from this son-of-a-bitch again?

In the very near future,
you're gonna be bending over

and grabbing your ankles
in Attica,

wondering why you haven't
heard from dear old Dad.

You think he really
cares for you?

You know what you are to him?

You're a means to an end,
and that's it.

Now, I know that
you love your father.

And you think that
your father loves you

and he's really a good guy.

You know what he's thinking?

He's thinking I deserve
a better son.

Hey! Hey! Hey! Hey!

Admit it.

He told you to kill those people.
Said that you could fix things.

And he's gonna walk out of
prison and be your daddy again.

Isn't that what happened?

Don't let him
do this to you, kid.

You got a chance to
help yourself out here.

You can't touch me.

Mr. McCoy can't dispute the fact that Ms.
Bowman recanted.

We're only requesting
a brief adjournment.

And I have to wait
another nine years?

You can't delay this hearing

while he hopes for his
witness to come around.

Mr. Barnes has unlawfully
manipulated his case.

If that's true, Your Honor,
where is the evidence?

Mr. Barnes's son is in
custody for these murders.

Common sense says Mr. Barnes compelled
his son to act on his behalf.

Your Honor, my son was a
violent child nine years ago,

I can only imagine the
sort of adult he's become.

He's become a weapon the defendant
used to silence two witnesses.

I have had no contact
with either of my sons

since the first day
of my incarceration.

And Mr. McCoy is callously
exploiting the situation

to keep me in prison.

Mr. McCoy, you need
more than motive here.

Tie Mr. Barnes directly to the
homicides and indict him.

We're working on the indictment.

Unfortunately, Mr. McCoy,

I can't delay this based
on hope and speculation.

Your Honor,

Mr. Barnes shouldn't be able
to use the law to break it.

Then give me something,
Counselor.

You've got no probable
cause and no evidence.

Now, if the People can't
make a prima facia case...

Dismissing this case is nothing
more than an endorsement of murder.

You're out of line, Counselor.

Don't you dare put this on me, Mr.
McCoy.

You don't have a case.

Mr. Barnes,

the District Attorney's
claims give me great pause

in doing what I am about to do.

That said,

I see little choice
in the matter.

Quite an accomplishment,
Mr. Barnes.

You now have the entire Manhattan
DA's office out to nail you.

You've got nothing on me.

I'll have an indictment
by the end of the week.

You should've been
at the top of the list.

Oh, my God, he's got a gun!

- Police, freeze!
- Drop the gun!

Do it! Hands in the air!

Fontana and Green
are on the way.

They want to get our statements.

Fine.

Jack, are you okay?

Jack...

I thought he was aiming at me.