Law & Order (1990–2010): Season 19, Episode 19 - All New - full transcript
A firefighter and his wife are brutally killed. The DA's office faces the politically unpopular decision to prosecute another firefighter, who may have resorted to extreme measures to cover up his crime.
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NARRATOR: In the
criminal justice system
the people are represented by two
separate yet equally important groups,
the police who investigate crime
and the district attorneys
who prosecute the offenders.
These are their stories.
All right, no peeking.
(CHUCKLING)
Okay.
Tom, it's beautiful.
This isn't a
reproduction, is it?
No, no, it's a real
antique. Art Deco.
This is what you like, right?
Yes. But I thought that we wouldn't.
Well, I figured I had to snap
it up before someone else did.
Besides, I had to give you something
for our three-month anniversary, right?
I didn't get you anything.
I'm sure you'll
think of something.
You know, New Paltz
is a long way away.
I'm sure your your dad
wouldn't be too upset
if we, uh... If we got there
tomorrow morning instead.
I just thought of what to
give you for our anniversary.
Yeah? Yeah.
CORVELL: Neighbor called
it in. That's the wife, Linda.
Male victim's Thomas Cooper,
lieutenant with the Fire Department.
They moved in
about two months ago.
They've had workers in here?
Apparently it was just
them, real do-it-yourselfers.
Looks like they were camping
out here in the living room.
The upstairs is a real mess.
They came in
through the back door.
Forced the lock with a pry bar.
Probably killed Lieutenant Cooper
first, then took their time with his wife.
Home invasion.
It's not quite a home yet.
Sarge, there're some firemen out
there trying to get through the line.
Yeah, let's go.
(INDISTINCT SHOUTING)
Guys! Come on,
guys! Guys, relax!
Let me talk. I understand how
you feel, but this is a crime scene.
We have to keep it clean.
We're Lieutenant Cooper's
company, Engine 29.
Nobody carries him out but us.
(FIREMEN AGREEING)
Okay, I tell you what,
you pick two guys,
and you can escort
your Lieutenant out.
Me and you.
Tell you what, Lupes, we'd
better do right by these guys.
(SIGHING)
Lieutenant Cooper took seven
blunt-force hits to the face.
But, the blow that did him in
was the impact with the floor.
All in all, I estimate 12
minutes, start to finish.
Not exactly in a hurry.
Mrs. Cooper was raped vaginally.
Rape kit showed no seminal
fluids, but, there was Octyl-9.
It's a condom lubricant.
Strangulation? Yeah, repeated.
Her assailant
squeezed her windpipe,
probably to the point of
unconsciousness, then he'd release.
Stop and go. The same
pattern as the husband.
He was trying to get
something out of them.
They were supposed to
come to my Dad's last night.
But, they called to say that
they were coming in the morning.
Did your sister
and brother-in-law
ever mention
problems with anyone?
No, nobody.
Were there any
valuables in the house?
My sister was a teacher's
aide, and Tom was a fireman.
Their wedding rings cost $500.
Whatever money they had, they put into
that little house in Washington Heights.
We're very sorry for your loss.
An officer will drive you home.
Cooper was in great shape.
It would've taken
more than one person
to subdue him
and control his wife.
The way they tore up the house
would've taken more than one pair of hands.
Hard to tell where the renovation
stopped and the ransacking started.
This light fixture,
Art Deco antique.
And something like this
normally runs about ten grand.
(SCOFFING) And you
would know this because?
Magic.
See if Cooper's buddies know how he
came up with the money to pay for that.
FIREMAN: Come on, back it up.
Come on. Rare antiques?
Knowing Half-Price, he
probably got them at a yard sale.
"Half-Price"? What's that about?
Lieutenant was just
tight with his money.
Like his house, he
bought it in a foreclosure.
Well, this fixture
isn't the kind of thing
that you find in
the discount bin.
Maybe Cooper had
another source of income?
So that's where
you're at with this thing.
Calling our brother
fireman a crook?
TOSHACK: If he had a
sideline, it's news to me.
You guys got a dog? Used to.
Spence, get a box
for the detective.
I don't want to tell you
guys how to do your job,
but you guys are wasting your
time digging up dirt on Cooper.
He was one of the
best. Yeah, we got that,
but we got to look at
anything out of the ordinary,
anyone he had a
beef with. Like this guy.
"Call A.S.A.P." With
three exclamation points.
"Upton Paints." You
know anything about this?
Guy came in a
couple of weeks ago,
looking for Cooper, real
steamed. He left that for him.
He said if the Lieutenant didn't
call, he'd make real trouble for him.
It was an honest mistake. I
thought Cooper ripped me off.
Yeah, well maybe you should explain
how you made that honest mistake.
When he bought thirty
gallons of semi-gloss from me,
he peeled off eight 100 dollar
bills from a roll as big as your fist.
And then I get a
call from the bank
saying there's something
wrong with the bills,
and they wouldn't
credit my account
until they had them checked out.
You thought he was passing
counterfeit money? Yeah.
And so where was the mistake?
The bank called a
couple of days later
and said the bills were genuine,
but they were 40 years old.
That's why they were so
suspicious. We're square now.
BERNARD: The bills were
printed between 1965 and 1969.
Thing is with paper money, it's
usually taken out of circulation
after five to 10 years, but,
Cooper's bills are near-mint condition.
Is that LT's magnifying glass?
Yeah. I borrowed
it off her desk.
Oh, man, when she finds
out, you're going to need it
to find the pieces of your
face around this squad room.
There's something else about
this money. Lower right corner.
Somebody wrote "L.B."
Yeah, I had an instructor at
the Academy. This old narco cop.
He said back before
copy machines,
you'd write your initials
on drug-buy money
so you could
identify it at trial.
So this money could've
been used in an old drug bust.
Maybe the French
Connection. Ooh!
Now we just need to find a
Narcotics undercover from the '60s,
with the initials "L.B."
LUPO: You recognize
this? Yeah. That's my mark.
Where'd you get these?
From the police museum?
They were used two weeks
ago by a murdered fireman
to buy paint supplies.
No kidding.
We matched the serial numbers from
the bills to one of your old dope cases.
The case that never
made it to court
because the dope
dealer in question
was killed with another
dope dealer in a shoot-out.
You said in your report you found
100 grand in cash at his place.
The informant had
said five times that.
That's 400,000 that
vanished into thin air.
Until today.
We need to know how that money got from the
dope dealer's apartment to this fireman.
Don't worry, the statute of limitations
for larceny ran out 35 years ago.
The only way to get
jammed up now is by lying.
That stupid idiot, Mansfield.
My partner, Paul Mansfield. He was
in the back seat, splitting up the money.
I told him, "Make sure you put the
marked bills back where they came from."
Okay. So, 200 grand each.
What'd you do with your cut?
Drank some, gambled some.
My ex-wife took what was left.
What about Mansfield?
I don't think he
ever spent a dime.
Too scared of
attracting attention.
The stress killed him,
though, I'm sure of it.
Heart attack, five years later.
What about his family?
Just his wife.
She stayed in their little
house in Washington Heights,
just off Bennett
Park, until she passed.
This guy, Mansfield,
was some clever duck.
Take a look at this. We found
the wall already opened up.
These wires are
screwed into the studs.
Pull one up.
The other three are the
same. Old tobacco tins.
Good place to stash a bankroll.
LUPO: Hey, B,
check this out. In here.
Excuse me.
Mansfield hid the drug
money in the dining room wall
40 years ago. Cooper
must've found it.
And somebody found
Cooper's new hiding place.
They must have noticed the
new linoleum wasn't glued down.
$20 bill, dated 1968.
The killers must've known
Cooper hit the motherload.
Yeah, and they came a-calling.
It's probably why they took
their time beating up Cooper.
They wanted him to tell
them where he hid the money.
LUPO: Yeah, when he
died, they turned to the wife,
and tore the place up
looking for the cash,
so it figures, she didn't
tell them where it was.
VAN BUREN: Even though they almost
choked her to death over and over again.
LUPO: So, maybe Cooper
didn't tell her where he hid it.
(SCOFFING) A sweetheart.
You know, put out
alerts to all the banks
in case any more
of the bills turn up.
And then we need to find out
who knew Cooper had the money.
Well, considering how
Cooper kept his wife in the dark,
I don't think he's the type of person
who would brag about hitting the jackpot.
You know, it looks like
they were going to replace
the bearing wall on the first
floor with this steel column.
You see that there? Mmm-hmm.
That's a two-man job, nothing he
and his wife could've done alone.
Yeah, whoever helped them
might have been there when
they found the money in the wall.
Do you have any itemized
construction supply bills?
Uh, yeah.
Oh, and by the way, Detective,
my magnifier that you
borrowed the other day?
That's going to
cost you 25 bucks
to the Harlem
Boys and Girls Club.
Here it is. Metropolitan
Lumber, a month ago.
Ten-foot steel I-beam. Mmm-hmm.
We need to find out who helped
him get it home. Yeah, all right.
Told you.
Yeah, I remember this guy.
Haggled me down almost to cost.
Thought he was entitled
to a fireman's discount.
Yeah, that was his rep.
We notice the store hires out
people to assist with home projects.
Did he get any help? No.
I told him that installing a
weight-bearing column wasn't for amateurs.
But, he said him and
his pal had it covered.
His pal? Young guy.
Yeah, the two of them carried
the beam out themselves.
Wanted to save on delivery cost.
You remember what
his friend looked like?
White, in his 20s, crew-cut.
He had a, uh, tattoo.
What was it? "Hellfire Boys."
I helped him a few
times. It was no big deal.
This guy needs a hand with home
repairs, that one needs his lawn mowed.
Slave labor. Sounds like fun.
Everyone coming up
goes through it. It's all good.
So, what did you do
at Cooper's house?
I helped him put up that column. I
helped him with some with the demo.
I bet you had to be careful,
so you didn't damage any of
the original woodwork in there,
like that wainscoting
in the dining room.
No, I didn't work on that.
I had to leave on a call.
One last thing. Where
were you last Friday night?
You're kidding me, right?
Just answer the question.
(EXHALES LOUDLY)
I finished my shift,
then I met my girl in The
Village for some Italian.
It was my birthday. Nick
made an 8:00 at Dolcetto's.
Hmm.
He sprung for the lobster. I
would have preferred a ring,
but Nick says he needs to get his
stripes before he can afford a wife.
Anyway, after the dinner, he said
he was beat to hell from the job,
and then he went home to crash.
Did he talk about that
guy, Lieutenant Cooper?
He's not one to complain.
LUPO: Complain? About what?
About the personal chores he was
doing for Cooper and the other guys?
Wasn't just that.
Nick would never
admit it, but...
(SIGHING)
How bad was it?
A few weeks ago, Nick's
driving out to Suffolk County
to visit his grandmother.
Next thing, he's calling
me from a hospital.
He's got food poisoning.
This is a guy with
a cast-iron stomach.
He didn't want to talk about it,
but, I knew something happened.
Mister Spence had his stomach pumped and
spent two days at Suffolk County Hospital.
From eating what?
Dog food.
He had internal bleeding. Dog
food contains ground bone meal.
The human intestinal tract
is not meant to digest that.
Why would someone
deliberately eat dog chow?
Well, unless he
was starving to death
or at my ex-sister-in-law's
for Thanksgiving, he wouldn't.
(MACHINE WHIRRING)
Cooper had dog
food in his locker.
Yeah, but the firehouse
didn't have a dog.
Yeah, but they had a proby.
Sure, Cooper broke the kid's balls.
We all did. It was nothing serious.
For example?
One time McShane sent Spence up
to this bodega on 114th
to pick up groceries.
In drag. (CHUCKLES)
Kid comes back with photos of
himself kissing this old Korean guy.
Cooper was always the
one to cut the proby slack.
Walters? He made the kid
clean his gutters in the rain.
See, thing about the proby,
he's always been a good sport.
What if I told you that Cooper made
Spence eat some dog food, hmm?
Then I'd call you a liar.
You saw me pull dog
food out of Cooper's locker.
And I told you we
used to have a dog.
Oh, yeah, we... We checked
into that, and guess what?
It must've been a phantom
dog because nobody ever saw it.
Yeah, come on, Toshack.
When you were a
proby at Engine 29,
didn't Cooper give
you the treatment?
Cooper was a good guy, okay?
And the proby wouldn't
say any different.
Then why did he put in for
a transfer two weeks ago?
Maybe he couldn't
take Cooper's hazing.
Yeah and when they denied his
request, he found another way out.
That's bull. Spence
is a stand-up guy,
just like his pop, Bill
Spence, Department legend.
Carried six people out of a
three-bagger in Stuy Town.
And as for Lieutenant Cooper,
I'm not going to sit
here and let you kick dirt
on the grave of a guy
that I trusted with my life.
It was the big sucking sound
of the FDNY closing ranks.
Same sound when we close ours.
You really like Spence for this?
His alibi's crap, he's got means,
motive in spades, the hazing, the money.
Well, you were figuring
on two assailants.
You have a candidate
for number two?
Not yet. Everybody at the
firehouse sang Cooper's praises.
Just got a fax from the Feds.
40-year-old bills turned up at banks in
Bay Ridge and Smithtown, Long Island.
Spence has a grandmother next
door to Smithtown, in Babylon.
It's time to bring
him in. Mmm-hmm.
LUPO: We're looking for one of your
guys. Nick Spence from Engine 29.
FIRE CHIEF: He had no business
being up there without back-up.
No business whatsoever!
You understand? What the
hell were you guys thinking?
Chief? Detective Bernard
and Detective Lupo.
We need to talk to Nick Spence.
You guys are a little late.
(SIGHING)
BLAIR: The 29 crew
was the first on site.
Spence, Walters and Toshack
were the forcible entry team.
Spence was on the top floor
sweeping the offices for survivors.
Turns out this whole area
was full of aerosols that were
improperly stored. They ignited.
Throw in a room that
was illegally subdivided,
there were no windows,
it's a perfect storm.
A rookie fireman four
flights up on his own?
Is that standard procedure?
No. He should've been
bird-dogging his senior man.
That would be Toshack.
Toshack said he
advised Spence of his
responsibilities before
they entered the site.
He's saying Spence
disobeyed him?
Yes. Worst of it is, the
warehouse was empty anyway.
The auto parts company
that was leasing the facility
went out of business
the week before.
How did this fire start?
RAYMOND: Undetermined.
We found what might
be traces of an accelerant.
Let me ask you,
as a Fire Marshal,
you find it plausible that a
seasoned firefighter like Toshack
would lose track of a
proby who, all of a sudden,
decided to take it upon
himself to play hero?
You ever been in a fire,
Detective? You can't breathe.
You can't see. Guys make snap
decisions, and sometimes they die.
That facility had no sprinklers,
the asbestos had been removed
from the insulation a month before.
Those walls were like kindling.
You want to blame someone,
blame the laws of combustion. Okay?
BERNARD: Spence ate
dog food on command,
but we're supposed
to believe that he
disobeyed a superior at a fire?
Well, what are you
asking us to believe?
Firehouse justice, maybe.
Their beloved lieutenant
is killed by the proby,
so all of his men take revenge?
They sent Spence
into a firetrap.
Did the Fire Marshal
sign off on your theory?
That firefighters use
fire to settle scores?
No.
Stick to your original mission.
The robbery-homicide of
a firefighter and his wife.
Investigations take
their own course.
I have nothing but
respect for firemen.
Imagine what it takes to run into a
burning building to save life and property.
It's bad enough your murder
suspect was a probationary firefighter
and that hazing
might've played a role.
You don't need to put the rest of
the fire department in the crosshairs.
More like, Candidate
McCoy doesn't need it.
CUTTER: One case at a time.
Spence is dead, but his possible
accomplice is still running loose.
If Spence was still around, we might've
gotten him to flip on his accomplice.
Well, Spence must
have talked to somebody.
Not his girlfriend.
Another fireman, then.
Maybe a retired one.
There wasn't nothing
wrong with my son.
We know you spoke
with your son every day,
we have the phone
records to prove it.
Now, you must have spoken about something
that was going on in his firehouse.
He didn't give me
the blow-by-blow,
he just told me Cooper
was riding him pretty hard.
(SIGHING) I talked him out of
quitting I don't know how many times,
especially after his
transfer was denied.
What about the last two weeks?
He was worried.
He kept saying crazy stuff,
like how he felt responsible
for Tom Cooper getting killed.
Responsible how? Did he say?
I knew my son was no killer.
He didn't have to explain
to me what he meant.
(SIGHING) I just
told him to shut up
and to forget about it.
I mean, what do you think? I should
have told him to tell what he knew?
(LOUDLY) Screw that.
Screw Cooper and
the fire truck he married.
All I wanted was for my son
(SOBBING) to come home
in one piece. Excuse me.
Fire truck?
Yeah, my guess, all
the firemen rode her.
I wondered how long before you
people started sliming my sister.
I'm not here to do that.
Linda dated a
lot. Mostly firemen.
She'd say they were
more alive, more real.
Anyway, so what?
Given the violence she was
subjected to, anything's possible.
Sometimes these
relationships linger.
No. That all ended when
she found Tom. Full stop.
They were in love.
Maybe some of her old
boyfriends didn't want it to end.
I mean, a couple of guys were still trying
to hook up, but she wasn't interested.
Did she keep a diary?
No. But she'd get "fan mail."
She put all that stuff
away when she met Tom.
But she kept it? Yeah.
It's at my mom's
house, in the attic.
Linda Cooper didn't lack for
admirers. All firemen, by the looks of it.
I never got this thing
about men in uniform.
I could see the appeal.
Ah, don't worry, I outgrew
it by the time I was 10.
I did find one admirer who took
Linda's impending marriage hard.
"You deserve better than spending
the rest of your life with a bully.
"It's going to kill me to watch
you walk down that aisle.
"You can try to ignore me, but, I
won't let you. I love you too much."
Signed "L.D.H."
L.D.H. didn't correspond to
any initials at the firehouse,
or the list of Cooper's friends.
Now, there was one photo
from Tom Cooper's place.
It, uh... It was from a
night out with the boys.
They all have these
T-shirts on. Yup, here.
Toshack's T-shirt.
It could be L.D.H.
The nicknames, Halligan,
Pike. They're all firemen's tools.
What's an L.D.H?
L.D.H. is a Large Diameter
Hose. (SCOFFING)
Well, he does have a pretty
inflated sense of himself.
Yeah, the kind of inflated
ego that doesn't like rejection.
What's Toshack's alibi
for the Coopers' murder?
He was off duty. But, he
was called in to work at 11:10.
L.D.H. Let's reel him in.
First of all, I'm not the only
firefighter who uses that handle.
Second, much as I wouldn't have
minded taking a poke at Linda Cooper,
I never had the pleasure.
No, see, thing is,
you're the only L.D.H. who has
access to the firehouse computer,
which is what we traced
those e-mails back to.
You know, the department's had a whole
lot of people hacking into our system.
You don't actually think you
can rape and kill the woman
who broke your heart, murder
her husband and steal $200,000
without leaving one
thread loose, do you?
I suppose not.
But then, I didn't do
any of those things.
That nickname of
Cooper's, Deck Gun.
That's those water-cannons
on top of fire trucks, right?
Right.
And a deck gun
out-muscles an L.D.H, right?
Compared to a deck gun,
an L.D.H. is a garden hose.
You think that's what
sealed the deal for Linda?
All that thrust and power?
(SOFTLY) You know,
I could do this all day.
But I'm going to wait
for my lawyer now.
We're not getting anywhere relying
on Toshack's poor impulse control.
I know. I checked the firehouse
records and found the duty roster
for the night that
Cooper was killed.
Toshack drew it up.
He, McShane and Walters
were all off-duty that night,
but check out the
notation next to Spence.
"Proby can detail to
E.M.T. or not. His choice."
You don't give someone the
option of working through a murder
if you want his
help committing it.
But Spence told his father he
felt responsible for the murders.
Maybe because he was the one that
told Toshack Cooper had found the money.
Hey. I went through
Toshack's bank statements,
to see if he was dumb
enough to deposit any cash.
He wasn't, but check this out.
Last week he deposited
a check for 3,500 bucks
from a company called
"Mulberry Waste Remediation."
What, he's moonlighting in
the hazardous waste business?
Yeah, disposing of such
materials as asbestos.
The warehouse where Spence died?
Someone was in there last
month, stripping out asbestos.
The waste management
company confirmed it.
Toshack worked
on the fourth floor.
He would've seen
the layout of the place,
knew the aerosols
were stored there.
That's more progress than we
have on the Coopers' murders.
We can't place Toshack
at the scene of their killings,
can't tie him to the money.
And the only person who might have been
able to help us prove our case is dead.
That's what we'll
go after Toshack for.
Nick Spence's murder.
But the Fire Marshal hasn't
ruled that fire as arson.
We can't begin to
prove that Toshack set it.
I won't need to prove he set it.
But you want to convict him of
a murder by a fire he didn't set?
What's your strategy?
A leap of faith.
I hope you're up for it.
This is an attack on
every firefighter in the city.
This is an attack on
one very bad apple,
who just happens
to be a firefighter.
This goes way
beyond one firefighter.
You fool 12 citizens with
this "higher duty" crap,
no firefighter's going to be able
to do his job without worrying
some gung-ho prosecutor
is going to haul him into court
if somebody stubs his toe.
You're overstating
things, Chief.
There's not a firefighter who
doesn't already live in fear
that his mistakes may cost the
life of his buddies or a civilian.
This was no mistake.
We believe that Toshack
wanted Spence dead
because Spence could implicate him
in the murders of Cooper and his wife.
Then go after him
for those murders.
We don't have the evidence.
(SCORNFULLY) This is
some office you're running.
There's only one person
responsible for Spence's death,
and that's the owner of
the auto parts business.
He illegally
subdivided his offices.
And he's up next, after
we're done with Toshack.
If you're still in
office by then.
You actually think
you can get elected
without the support
of the firefighters?
I'll pretend I didn't hear that.
I'll pretend you did.
In case that message doesn't
get through, we're filing a writ
to appoint a special prosecutor
to go after the business owner
for the death of
Firefighter Spence.
(DOOR CLOSES)
Prosecuting the owner now will
undermine our case against Toshack.
We have to stop this, Jack.
Fat chance. You know who
appoints special prosecutors?
The Governor.
And he's not one to let an
opportunity pass to stick it to me.
Especially if it helps his boy,
Chapell, win an important endorsement.
Firemen are saints in this city.
Deservedly so.
Now that you've put
Toshack in the crosshairs,
you better not miss.
WALTERS: We went in as the
F.E.T., the forcible entry team.
Brad Toshack was
the team leader.
I was the Iron Man. I
carried the heavy stuff,
the Halligan, to
break down doors.
What about Nick Spence?
He was the Can Man, strapped
with a large extinguisher.
What, if any orders,
did Mr. Toshack give you
in regards to the fourth floor?
Well, things were
happening pretty fast.
Brad just said to forget
about the fourth floor,
the place was closed down,
there'd be nobody up there.
He said that in the presence of
all the members of your team?
Right. Brad Toshack always makes
sure everybody knows what to do.
He's a good leader.
I trust him with my life.
KNOX: Did he issue any
special instructions to Spence?
He told Spence to stick close
and to not lose sight of him.
If Spence had done what
he was told, he'd be alive.
KNOX: No more
questions, Your Honor.
(CLEARING THROAT)
Did Mister Toshack spell out
the hazards on the fourth floor?
The blind hallways, the
room full of aerosols?
He didn't have to spell it out.
What? He didn't have to spell
out that if the aerosols exploded,
they could bring down a
good chunk of that building?
Things were happening pretty fast.
I mean, maybe he said something.
Will you show me in your
statement to the Fire Marshal,
where you mention any
warning by Mr. Toshack
not to go up to
the fourth floor?
Okay, he didn't mention it.
Yet, you say you
trust him with your life.
Well, how about
you, Mr. Walters?
Do other firefighters
trust you with their lives?
Sure.
They trust that if you were
aware of a danger to their safety,
you'd warn them, correct?
Yeah, correct.
And you would
warn them, correct?
Correct.
You consider it your duty
as a firefighter, correct?
(FORCEFULLY)
Correct, Mr. Walters?
Answer his
question, Mr. Walters.
Yeah, correct.
Now, it is my pleasure and
great honor to announce today
that I have received the
endorsement of New York City's bravest
in my campaign to become this
county's next District Attorney.
I am humbled to receive
the support of people
that I have admired since I
was a kid... (SWITCHES OFF TV)
Luckily, most firefighters
can't vote in New York County.
But the people
who love them can.
Even if you convict
Toshack, it's an empty victory,
unless you can show why
he wanted Spence dead.
I think one of Toshack's likely
accomplices testified today.
Unless Toshack is held
accountable for all of his crimes...
You can't justify this
trial to your constituency.
Since when is it all or nothing?
Sometimes a half measure of
justice is worse than no justice at all.
Jack, unless you order
me, I'm not withdrawing
the charge of
depraved indifference.
And I won't offer
Toshack a deal.
(SIGHING)
TOSHACK: I didn't
recognize the location
until we were standing
in front of the building.
Then I told my guys what
I had seen on the top floor,
when I worked
three weeks before.
The subdivided offices,
the cases of aerosol.
But, the situation was
noisy, we were on the move.
I was pretty sure that
they'd heard what I said.
What did you tell Nick Spence?
I told him to keep his eye
on me, to go where I go.
But, the smoke was thick.
When I noticed Spence
wasn't behind me anymore,
I tried to raise him on
the radio, but I couldn't.
I looked for him, but...
I've carried people
out of buildings,
I've saved some lives,
and I've lost some.
Fellow firefighters.
Unless you've
been inside a fire,
you can't know what it's like.
Thank you, Brad.
Mr. Toshack, were you aware
that at the time of his death,
Nick Spence was a suspect
in the murder of your
Lieutenant Cooper and his wife?
I knew about it, but I didn't
believe it for a second. Why not?
Didn't Cooper mercilessly haze
Mr. Spence? Make him eat dog food?
Everybody got the
Cooper treatment.
Including you?
Yes, including me.
It was no big deal.
I loved Cooper like a brother.
You loved his
wife too, didn't you?
You had an intimate relationship
with her before she was married?
Objection. Relevance.
Goes to the
defendant's state of mind.
Overruled. The
witness will answer.
Yes. But, it was all over.
So, there you were, rushing
into a burning building
with the man suspected
of killing your comrade
and his wife, your former lover,
and you say you harbored
no ill will toward him?
I told you, I didn't
believe he did it.
Well, how could you be so sure
he didn't commit the murders?
Unless you were there.
Were you?
No, I wasn't.
So, isn't it possible that
in the confusion of events,
you forgot to warn Spence of
the dangers on the fourth floor?
No, I told those guys.
Mr. Walters
testified you didn't.
He's wrong. I told them.
He's wrong. So somehow, Spence
didn't get the word, or didn't hear you?
Maybe.
You were the forcible
entry team, right?
You were breaking down doors.
You were in the lead, with Walters,
and Spence was the Can Man.
He was in the
rear, correct? Right.
So, when you gave your
warnings, it was the responsibility
of the person closest
to you, Walters,
to make sure those warnings
were relayed to Spence.
Sure.
Make sure he understood the
dangers. Walters' responsibility, correct?
That's right.
So, you're passing the buck to
Walters, your brother firefighter?
The man who says he
trusts you with his life?
I didn't mean... Are you sure
you're worthy of that trust?
No more questions.
JUDGE: Has the
jury reached a verdict?
Yes, we have, Your Honor.
On the sole count of the indictment,
Murder in the Second Degree,
how do you find?
We find the defendant guilty.
(INDISTINCT CHATTER)
(JUDGE POUNDING GAVEL)
He didn't do anything wrong!
He didn't do anything wrong!
(POUNDING GAVEL LOUDER)
We're not done yet. Issue
an arrest warrant for Walters.
I killed Spence?
Am I crazy or didn't I just
hear a jury convict Toshack?
That's because they
didn't believe his testimony
that he warned you,
and that you're the one
who failed to pass the
warning on to Spence.
They didn't believe
it, because it was crap.
Well, another jury
might not think so.
What other jury?
The one at your trial for
depraved indifference murder.
People's Exhibit One: the
transcript of Toshack's testimony.
Who knows, with an offer
to reduce his sentence,
we might even get Toshack
to testify against you in person.
Can they do that?
Or, I can set aside this charge
and offer you a reduced sentence for
the murders of Tom and Linda Cooper.
25-to-life for depraved
indifference murder,
15-to-life for a double murder.
And that's a
one-time only offer.
(WHISPERING)
What happened at Cooper's house?
(SIGHING)
Toshack heard from Spence
that Cooper found the
money in the wall at the house.
Toshack, McShane and me,
we decided to steal it.
Cooper wasn't
supposed to be home.
When he didn't tell us
where he hid the money,
Toshack hit him
a little too hard.
Then he went after Linda.
Me and McShane,
we couldn't abide that,
but we couldn't stop him.
She didn't know
where the money was,
but he killed her anyway.
Then Toshack got called
back to the firehouse,
and I stayed with McShane
to look for the money.
We found it.
And Spence?
(IN A CHOKED VOICE) Toshack
got worried that he knew too much.
So, he set a fire,
and he sent
Spence up the stairs.
All for the damn money.
McShane and me, we...
We heard the cops
were tracing the bills,
so we lit his barbecue
and we made a fire.
Over 100 grand,
up in smoke.
That money was bad news.
It was bad news.
(SNIFFLING)
Walters, 15-to-life.
McShane, 15-to-life.
Toshack, 35-to-life,
signed, sealed, delivered.
Eat and run?
I'm filing an indictment against
the owner of the warehouse.
I want to beat that special
prosecutor to the punch.
Mike.
Thanks.
I think.
---
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.
All right, no peeking.
(CHUCKLING)
Okay.
Tom, it's beautiful.
This isn't a
reproduction, is it?
No, no, it's a real
antique. Art Deco.
This is what you like, right?
Yes. But I thought that we wouldn't.
Well, I figured I had to snap
it up before someone else did.
Besides, I had to give you something
for our three-month anniversary, right?
I didn't get you anything.
I'm sure you'll
think of something.
You know, New Paltz
is a long way away.
I'm sure your your dad
wouldn't be too upset
if we, uh... If we got there
tomorrow morning instead.
I just thought of what to
give you for our anniversary.
Yeah? Yeah.
CORVELL: Neighbor called
it in. That's the wife, Linda.
Male victim's Thomas Cooper,
lieutenant with the Fire Department.
They moved in
about two months ago.
They've had workers in here?
Apparently it was just
them, real do-it-yourselfers.
Looks like they were camping
out here in the living room.
The upstairs is a real mess.
They came in
through the back door.
Forced the lock with a pry bar.
Probably killed Lieutenant Cooper
first, then took their time with his wife.
Home invasion.
It's not quite a home yet.
Sarge, there're some firemen out
there trying to get through the line.
Yeah, let's go.
(INDISTINCT SHOUTING)
Guys! Come on,
guys! Guys, relax!
Let me talk. I understand how
you feel, but this is a crime scene.
We have to keep it clean.
We're Lieutenant Cooper's
company, Engine 29.
Nobody carries him out but us.
(FIREMEN AGREEING)
Okay, I tell you what,
you pick two guys,
and you can escort
your Lieutenant out.
Me and you.
Tell you what, Lupes, we'd
better do right by these guys.
(SIGHING)
Lieutenant Cooper took seven
blunt-force hits to the face.
But, the blow that did him in
was the impact with the floor.
All in all, I estimate 12
minutes, start to finish.
Not exactly in a hurry.
Mrs. Cooper was raped vaginally.
Rape kit showed no seminal
fluids, but, there was Octyl-9.
It's a condom lubricant.
Strangulation? Yeah, repeated.
Her assailant
squeezed her windpipe,
probably to the point of
unconsciousness, then he'd release.
Stop and go. The same
pattern as the husband.
He was trying to get
something out of them.
They were supposed to
come to my Dad's last night.
But, they called to say that
they were coming in the morning.
Did your sister
and brother-in-law
ever mention
problems with anyone?
No, nobody.
Were there any
valuables in the house?
My sister was a teacher's
aide, and Tom was a fireman.
Their wedding rings cost $500.
Whatever money they had, they put into
that little house in Washington Heights.
We're very sorry for your loss.
An officer will drive you home.
Cooper was in great shape.
It would've taken
more than one person
to subdue him
and control his wife.
The way they tore up the house
would've taken more than one pair of hands.
Hard to tell where the renovation
stopped and the ransacking started.
This light fixture,
Art Deco antique.
And something like this
normally runs about ten grand.
(SCOFFING) And you
would know this because?
Magic.
See if Cooper's buddies know how he
came up with the money to pay for that.
FIREMAN: Come on, back it up.
Come on. Rare antiques?
Knowing Half-Price, he
probably got them at a yard sale.
"Half-Price"? What's that about?
Lieutenant was just
tight with his money.
Like his house, he
bought it in a foreclosure.
Well, this fixture
isn't the kind of thing
that you find in
the discount bin.
Maybe Cooper had
another source of income?
So that's where
you're at with this thing.
Calling our brother
fireman a crook?
TOSHACK: If he had a
sideline, it's news to me.
You guys got a dog? Used to.
Spence, get a box
for the detective.
I don't want to tell you
guys how to do your job,
but you guys are wasting your
time digging up dirt on Cooper.
He was one of the
best. Yeah, we got that,
but we got to look at
anything out of the ordinary,
anyone he had a
beef with. Like this guy.
"Call A.S.A.P." With
three exclamation points.
"Upton Paints." You
know anything about this?
Guy came in a
couple of weeks ago,
looking for Cooper, real
steamed. He left that for him.
He said if the Lieutenant didn't
call, he'd make real trouble for him.
It was an honest mistake. I
thought Cooper ripped me off.
Yeah, well maybe you should explain
how you made that honest mistake.
When he bought thirty
gallons of semi-gloss from me,
he peeled off eight 100 dollar
bills from a roll as big as your fist.
And then I get a
call from the bank
saying there's something
wrong with the bills,
and they wouldn't
credit my account
until they had them checked out.
You thought he was passing
counterfeit money? Yeah.
And so where was the mistake?
The bank called a
couple of days later
and said the bills were genuine,
but they were 40 years old.
That's why they were so
suspicious. We're square now.
BERNARD: The bills were
printed between 1965 and 1969.
Thing is with paper money, it's
usually taken out of circulation
after five to 10 years, but,
Cooper's bills are near-mint condition.
Is that LT's magnifying glass?
Yeah. I borrowed
it off her desk.
Oh, man, when she finds
out, you're going to need it
to find the pieces of your
face around this squad room.
There's something else about
this money. Lower right corner.
Somebody wrote "L.B."
Yeah, I had an instructor at
the Academy. This old narco cop.
He said back before
copy machines,
you'd write your initials
on drug-buy money
so you could
identify it at trial.
So this money could've
been used in an old drug bust.
Maybe the French
Connection. Ooh!
Now we just need to find a
Narcotics undercover from the '60s,
with the initials "L.B."
LUPO: You recognize
this? Yeah. That's my mark.
Where'd you get these?
From the police museum?
They were used two weeks
ago by a murdered fireman
to buy paint supplies.
No kidding.
We matched the serial numbers from
the bills to one of your old dope cases.
The case that never
made it to court
because the dope
dealer in question
was killed with another
dope dealer in a shoot-out.
You said in your report you found
100 grand in cash at his place.
The informant had
said five times that.
That's 400,000 that
vanished into thin air.
Until today.
We need to know how that money got from the
dope dealer's apartment to this fireman.
Don't worry, the statute of limitations
for larceny ran out 35 years ago.
The only way to get
jammed up now is by lying.
That stupid idiot, Mansfield.
My partner, Paul Mansfield. He was
in the back seat, splitting up the money.
I told him, "Make sure you put the
marked bills back where they came from."
Okay. So, 200 grand each.
What'd you do with your cut?
Drank some, gambled some.
My ex-wife took what was left.
What about Mansfield?
I don't think he
ever spent a dime.
Too scared of
attracting attention.
The stress killed him,
though, I'm sure of it.
Heart attack, five years later.
What about his family?
Just his wife.
She stayed in their little
house in Washington Heights,
just off Bennett
Park, until she passed.
This guy, Mansfield,
was some clever duck.
Take a look at this. We found
the wall already opened up.
These wires are
screwed into the studs.
Pull one up.
The other three are the
same. Old tobacco tins.
Good place to stash a bankroll.
LUPO: Hey, B,
check this out. In here.
Excuse me.
Mansfield hid the drug
money in the dining room wall
40 years ago. Cooper
must've found it.
And somebody found
Cooper's new hiding place.
They must have noticed the
new linoleum wasn't glued down.
$20 bill, dated 1968.
The killers must've known
Cooper hit the motherload.
Yeah, and they came a-calling.
It's probably why they took
their time beating up Cooper.
They wanted him to tell
them where he hid the money.
LUPO: Yeah, when he
died, they turned to the wife,
and tore the place up
looking for the cash,
so it figures, she didn't
tell them where it was.
VAN BUREN: Even though they almost
choked her to death over and over again.
LUPO: So, maybe Cooper
didn't tell her where he hid it.
(SCOFFING) A sweetheart.
You know, put out
alerts to all the banks
in case any more
of the bills turn up.
And then we need to find out
who knew Cooper had the money.
Well, considering how
Cooper kept his wife in the dark,
I don't think he's the type of person
who would brag about hitting the jackpot.
You know, it looks like
they were going to replace
the bearing wall on the first
floor with this steel column.
You see that there? Mmm-hmm.
That's a two-man job, nothing he
and his wife could've done alone.
Yeah, whoever helped them
might have been there when
they found the money in the wall.
Do you have any itemized
construction supply bills?
Uh, yeah.
Oh, and by the way, Detective,
my magnifier that you
borrowed the other day?
That's going to
cost you 25 bucks
to the Harlem
Boys and Girls Club.
Here it is. Metropolitan
Lumber, a month ago.
Ten-foot steel I-beam. Mmm-hmm.
We need to find out who helped
him get it home. Yeah, all right.
Told you.
Yeah, I remember this guy.
Haggled me down almost to cost.
Thought he was entitled
to a fireman's discount.
Yeah, that was his rep.
We notice the store hires out
people to assist with home projects.
Did he get any help? No.
I told him that installing a
weight-bearing column wasn't for amateurs.
But, he said him and
his pal had it covered.
His pal? Young guy.
Yeah, the two of them carried
the beam out themselves.
Wanted to save on delivery cost.
You remember what
his friend looked like?
White, in his 20s, crew-cut.
He had a, uh, tattoo.
What was it? "Hellfire Boys."
I helped him a few
times. It was no big deal.
This guy needs a hand with home
repairs, that one needs his lawn mowed.
Slave labor. Sounds like fun.
Everyone coming up
goes through it. It's all good.
So, what did you do
at Cooper's house?
I helped him put up that column. I
helped him with some with the demo.
I bet you had to be careful,
so you didn't damage any of
the original woodwork in there,
like that wainscoting
in the dining room.
No, I didn't work on that.
I had to leave on a call.
One last thing. Where
were you last Friday night?
You're kidding me, right?
Just answer the question.
(EXHALES LOUDLY)
I finished my shift,
then I met my girl in The
Village for some Italian.
It was my birthday. Nick
made an 8:00 at Dolcetto's.
Hmm.
He sprung for the lobster. I
would have preferred a ring,
but Nick says he needs to get his
stripes before he can afford a wife.
Anyway, after the dinner, he said
he was beat to hell from the job,
and then he went home to crash.
Did he talk about that
guy, Lieutenant Cooper?
He's not one to complain.
LUPO: Complain? About what?
About the personal chores he was
doing for Cooper and the other guys?
Wasn't just that.
Nick would never
admit it, but...
(SIGHING)
How bad was it?
A few weeks ago, Nick's
driving out to Suffolk County
to visit his grandmother.
Next thing, he's calling
me from a hospital.
He's got food poisoning.
This is a guy with
a cast-iron stomach.
He didn't want to talk about it,
but, I knew something happened.
Mister Spence had his stomach pumped and
spent two days at Suffolk County Hospital.
From eating what?
Dog food.
He had internal bleeding. Dog
food contains ground bone meal.
The human intestinal tract
is not meant to digest that.
Why would someone
deliberately eat dog chow?
Well, unless he
was starving to death
or at my ex-sister-in-law's
for Thanksgiving, he wouldn't.
(MACHINE WHIRRING)
Cooper had dog
food in his locker.
Yeah, but the firehouse
didn't have a dog.
Yeah, but they had a proby.
Sure, Cooper broke the kid's balls.
We all did. It was nothing serious.
For example?
One time McShane sent Spence up
to this bodega on 114th
to pick up groceries.
In drag. (CHUCKLES)
Kid comes back with photos of
himself kissing this old Korean guy.
Cooper was always the
one to cut the proby slack.
Walters? He made the kid
clean his gutters in the rain.
See, thing about the proby,
he's always been a good sport.
What if I told you that Cooper made
Spence eat some dog food, hmm?
Then I'd call you a liar.
You saw me pull dog
food out of Cooper's locker.
And I told you we
used to have a dog.
Oh, yeah, we... We checked
into that, and guess what?
It must've been a phantom
dog because nobody ever saw it.
Yeah, come on, Toshack.
When you were a
proby at Engine 29,
didn't Cooper give
you the treatment?
Cooper was a good guy, okay?
And the proby wouldn't
say any different.
Then why did he put in for
a transfer two weeks ago?
Maybe he couldn't
take Cooper's hazing.
Yeah and when they denied his
request, he found another way out.
That's bull. Spence
is a stand-up guy,
just like his pop, Bill
Spence, Department legend.
Carried six people out of a
three-bagger in Stuy Town.
And as for Lieutenant Cooper,
I'm not going to sit
here and let you kick dirt
on the grave of a guy
that I trusted with my life.
It was the big sucking sound
of the FDNY closing ranks.
Same sound when we close ours.
You really like Spence for this?
His alibi's crap, he's got means,
motive in spades, the hazing, the money.
Well, you were figuring
on two assailants.
You have a candidate
for number two?
Not yet. Everybody at the
firehouse sang Cooper's praises.
Just got a fax from the Feds.
40-year-old bills turned up at banks in
Bay Ridge and Smithtown, Long Island.
Spence has a grandmother next
door to Smithtown, in Babylon.
It's time to bring
him in. Mmm-hmm.
LUPO: We're looking for one of your
guys. Nick Spence from Engine 29.
FIRE CHIEF: He had no business
being up there without back-up.
No business whatsoever!
You understand? What the
hell were you guys thinking?
Chief? Detective Bernard
and Detective Lupo.
We need to talk to Nick Spence.
You guys are a little late.
(SIGHING)
BLAIR: The 29 crew
was the first on site.
Spence, Walters and Toshack
were the forcible entry team.
Spence was on the top floor
sweeping the offices for survivors.
Turns out this whole area
was full of aerosols that were
improperly stored. They ignited.
Throw in a room that
was illegally subdivided,
there were no windows,
it's a perfect storm.
A rookie fireman four
flights up on his own?
Is that standard procedure?
No. He should've been
bird-dogging his senior man.
That would be Toshack.
Toshack said he
advised Spence of his
responsibilities before
they entered the site.
He's saying Spence
disobeyed him?
Yes. Worst of it is, the
warehouse was empty anyway.
The auto parts company
that was leasing the facility
went out of business
the week before.
How did this fire start?
RAYMOND: Undetermined.
We found what might
be traces of an accelerant.
Let me ask you,
as a Fire Marshal,
you find it plausible that a
seasoned firefighter like Toshack
would lose track of a
proby who, all of a sudden,
decided to take it upon
himself to play hero?
You ever been in a fire,
Detective? You can't breathe.
You can't see. Guys make snap
decisions, and sometimes they die.
That facility had no sprinklers,
the asbestos had been removed
from the insulation a month before.
Those walls were like kindling.
You want to blame someone,
blame the laws of combustion. Okay?
BERNARD: Spence ate
dog food on command,
but we're supposed
to believe that he
disobeyed a superior at a fire?
Well, what are you
asking us to believe?
Firehouse justice, maybe.
Their beloved lieutenant
is killed by the proby,
so all of his men take revenge?
They sent Spence
into a firetrap.
Did the Fire Marshal
sign off on your theory?
That firefighters use
fire to settle scores?
No.
Stick to your original mission.
The robbery-homicide of
a firefighter and his wife.
Investigations take
their own course.
I have nothing but
respect for firemen.
Imagine what it takes to run into a
burning building to save life and property.
It's bad enough your murder
suspect was a probationary firefighter
and that hazing
might've played a role.
You don't need to put the rest of
the fire department in the crosshairs.
More like, Candidate
McCoy doesn't need it.
CUTTER: One case at a time.
Spence is dead, but his possible
accomplice is still running loose.
If Spence was still around, we might've
gotten him to flip on his accomplice.
Well, Spence must
have talked to somebody.
Not his girlfriend.
Another fireman, then.
Maybe a retired one.
There wasn't nothing
wrong with my son.
We know you spoke
with your son every day,
we have the phone
records to prove it.
Now, you must have spoken about something
that was going on in his firehouse.
He didn't give me
the blow-by-blow,
he just told me Cooper
was riding him pretty hard.
(SIGHING) I talked him out of
quitting I don't know how many times,
especially after his
transfer was denied.
What about the last two weeks?
He was worried.
He kept saying crazy stuff,
like how he felt responsible
for Tom Cooper getting killed.
Responsible how? Did he say?
I knew my son was no killer.
He didn't have to explain
to me what he meant.
(SIGHING) I just
told him to shut up
and to forget about it.
I mean, what do you think? I should
have told him to tell what he knew?
(LOUDLY) Screw that.
Screw Cooper and
the fire truck he married.
All I wanted was for my son
(SOBBING) to come home
in one piece. Excuse me.
Fire truck?
Yeah, my guess, all
the firemen rode her.
I wondered how long before you
people started sliming my sister.
I'm not here to do that.
Linda dated a
lot. Mostly firemen.
She'd say they were
more alive, more real.
Anyway, so what?
Given the violence she was
subjected to, anything's possible.
Sometimes these
relationships linger.
No. That all ended when
she found Tom. Full stop.
They were in love.
Maybe some of her old
boyfriends didn't want it to end.
I mean, a couple of guys were still trying
to hook up, but she wasn't interested.
Did she keep a diary?
No. But she'd get "fan mail."
She put all that stuff
away when she met Tom.
But she kept it? Yeah.
It's at my mom's
house, in the attic.
Linda Cooper didn't lack for
admirers. All firemen, by the looks of it.
I never got this thing
about men in uniform.
I could see the appeal.
Ah, don't worry, I outgrew
it by the time I was 10.
I did find one admirer who took
Linda's impending marriage hard.
"You deserve better than spending
the rest of your life with a bully.
"It's going to kill me to watch
you walk down that aisle.
"You can try to ignore me, but, I
won't let you. I love you too much."
Signed "L.D.H."
L.D.H. didn't correspond to
any initials at the firehouse,
or the list of Cooper's friends.
Now, there was one photo
from Tom Cooper's place.
It, uh... It was from a
night out with the boys.
They all have these
T-shirts on. Yup, here.
Toshack's T-shirt.
It could be L.D.H.
The nicknames, Halligan,
Pike. They're all firemen's tools.
What's an L.D.H?
L.D.H. is a Large Diameter
Hose. (SCOFFING)
Well, he does have a pretty
inflated sense of himself.
Yeah, the kind of inflated
ego that doesn't like rejection.
What's Toshack's alibi
for the Coopers' murder?
He was off duty. But, he
was called in to work at 11:10.
L.D.H. Let's reel him in.
First of all, I'm not the only
firefighter who uses that handle.
Second, much as I wouldn't have
minded taking a poke at Linda Cooper,
I never had the pleasure.
No, see, thing is,
you're the only L.D.H. who has
access to the firehouse computer,
which is what we traced
those e-mails back to.
You know, the department's had a whole
lot of people hacking into our system.
You don't actually think you
can rape and kill the woman
who broke your heart, murder
her husband and steal $200,000
without leaving one
thread loose, do you?
I suppose not.
But then, I didn't do
any of those things.
That nickname of
Cooper's, Deck Gun.
That's those water-cannons
on top of fire trucks, right?
Right.
And a deck gun
out-muscles an L.D.H, right?
Compared to a deck gun,
an L.D.H. is a garden hose.
You think that's what
sealed the deal for Linda?
All that thrust and power?
(SOFTLY) You know,
I could do this all day.
But I'm going to wait
for my lawyer now.
We're not getting anywhere relying
on Toshack's poor impulse control.
I know. I checked the firehouse
records and found the duty roster
for the night that
Cooper was killed.
Toshack drew it up.
He, McShane and Walters
were all off-duty that night,
but check out the
notation next to Spence.
"Proby can detail to
E.M.T. or not. His choice."
You don't give someone the
option of working through a murder
if you want his
help committing it.
But Spence told his father he
felt responsible for the murders.
Maybe because he was the one that
told Toshack Cooper had found the money.
Hey. I went through
Toshack's bank statements,
to see if he was dumb
enough to deposit any cash.
He wasn't, but check this out.
Last week he deposited
a check for 3,500 bucks
from a company called
"Mulberry Waste Remediation."
What, he's moonlighting in
the hazardous waste business?
Yeah, disposing of such
materials as asbestos.
The warehouse where Spence died?
Someone was in there last
month, stripping out asbestos.
The waste management
company confirmed it.
Toshack worked
on the fourth floor.
He would've seen
the layout of the place,
knew the aerosols
were stored there.
That's more progress than we
have on the Coopers' murders.
We can't place Toshack
at the scene of their killings,
can't tie him to the money.
And the only person who might have been
able to help us prove our case is dead.
That's what we'll
go after Toshack for.
Nick Spence's murder.
But the Fire Marshal hasn't
ruled that fire as arson.
We can't begin to
prove that Toshack set it.
I won't need to prove he set it.
But you want to convict him of
a murder by a fire he didn't set?
What's your strategy?
A leap of faith.
I hope you're up for it.
This is an attack on
every firefighter in the city.
This is an attack on
one very bad apple,
who just happens
to be a firefighter.
This goes way
beyond one firefighter.
You fool 12 citizens with
this "higher duty" crap,
no firefighter's going to be able
to do his job without worrying
some gung-ho prosecutor
is going to haul him into court
if somebody stubs his toe.
You're overstating
things, Chief.
There's not a firefighter who
doesn't already live in fear
that his mistakes may cost the
life of his buddies or a civilian.
This was no mistake.
We believe that Toshack
wanted Spence dead
because Spence could implicate him
in the murders of Cooper and his wife.
Then go after him
for those murders.
We don't have the evidence.
(SCORNFULLY) This is
some office you're running.
There's only one person
responsible for Spence's death,
and that's the owner of
the auto parts business.
He illegally
subdivided his offices.
And he's up next, after
we're done with Toshack.
If you're still in
office by then.
You actually think
you can get elected
without the support
of the firefighters?
I'll pretend I didn't hear that.
I'll pretend you did.
In case that message doesn't
get through, we're filing a writ
to appoint a special prosecutor
to go after the business owner
for the death of
Firefighter Spence.
(DOOR CLOSES)
Prosecuting the owner now will
undermine our case against Toshack.
We have to stop this, Jack.
Fat chance. You know who
appoints special prosecutors?
The Governor.
And he's not one to let an
opportunity pass to stick it to me.
Especially if it helps his boy,
Chapell, win an important endorsement.
Firemen are saints in this city.
Deservedly so.
Now that you've put
Toshack in the crosshairs,
you better not miss.
WALTERS: We went in as the
F.E.T., the forcible entry team.
Brad Toshack was
the team leader.
I was the Iron Man. I
carried the heavy stuff,
the Halligan, to
break down doors.
What about Nick Spence?
He was the Can Man, strapped
with a large extinguisher.
What, if any orders,
did Mr. Toshack give you
in regards to the fourth floor?
Well, things were
happening pretty fast.
Brad just said to forget
about the fourth floor,
the place was closed down,
there'd be nobody up there.
He said that in the presence of
all the members of your team?
Right. Brad Toshack always makes
sure everybody knows what to do.
He's a good leader.
I trust him with my life.
KNOX: Did he issue any
special instructions to Spence?
He told Spence to stick close
and to not lose sight of him.
If Spence had done what
he was told, he'd be alive.
KNOX: No more
questions, Your Honor.
(CLEARING THROAT)
Did Mister Toshack spell out
the hazards on the fourth floor?
The blind hallways, the
room full of aerosols?
He didn't have to spell it out.
What? He didn't have to spell
out that if the aerosols exploded,
they could bring down a
good chunk of that building?
Things were happening pretty fast.
I mean, maybe he said something.
Will you show me in your
statement to the Fire Marshal,
where you mention any
warning by Mr. Toshack
not to go up to
the fourth floor?
Okay, he didn't mention it.
Yet, you say you
trust him with your life.
Well, how about
you, Mr. Walters?
Do other firefighters
trust you with their lives?
Sure.
They trust that if you were
aware of a danger to their safety,
you'd warn them, correct?
Yeah, correct.
And you would
warn them, correct?
Correct.
You consider it your duty
as a firefighter, correct?
(FORCEFULLY)
Correct, Mr. Walters?
Answer his
question, Mr. Walters.
Yeah, correct.
Now, it is my pleasure and
great honor to announce today
that I have received the
endorsement of New York City's bravest
in my campaign to become this
county's next District Attorney.
I am humbled to receive
the support of people
that I have admired since I
was a kid... (SWITCHES OFF TV)
Luckily, most firefighters
can't vote in New York County.
But the people
who love them can.
Even if you convict
Toshack, it's an empty victory,
unless you can show why
he wanted Spence dead.
I think one of Toshack's likely
accomplices testified today.
Unless Toshack is held
accountable for all of his crimes...
You can't justify this
trial to your constituency.
Since when is it all or nothing?
Sometimes a half measure of
justice is worse than no justice at all.
Jack, unless you order
me, I'm not withdrawing
the charge of
depraved indifference.
And I won't offer
Toshack a deal.
(SIGHING)
TOSHACK: I didn't
recognize the location
until we were standing
in front of the building.
Then I told my guys what
I had seen on the top floor,
when I worked
three weeks before.
The subdivided offices,
the cases of aerosol.
But, the situation was
noisy, we were on the move.
I was pretty sure that
they'd heard what I said.
What did you tell Nick Spence?
I told him to keep his eye
on me, to go where I go.
But, the smoke was thick.
When I noticed Spence
wasn't behind me anymore,
I tried to raise him on
the radio, but I couldn't.
I looked for him, but...
I've carried people
out of buildings,
I've saved some lives,
and I've lost some.
Fellow firefighters.
Unless you've
been inside a fire,
you can't know what it's like.
Thank you, Brad.
Mr. Toshack, were you aware
that at the time of his death,
Nick Spence was a suspect
in the murder of your
Lieutenant Cooper and his wife?
I knew about it, but I didn't
believe it for a second. Why not?
Didn't Cooper mercilessly haze
Mr. Spence? Make him eat dog food?
Everybody got the
Cooper treatment.
Including you?
Yes, including me.
It was no big deal.
I loved Cooper like a brother.
You loved his
wife too, didn't you?
You had an intimate relationship
with her before she was married?
Objection. Relevance.
Goes to the
defendant's state of mind.
Overruled. The
witness will answer.
Yes. But, it was all over.
So, there you were, rushing
into a burning building
with the man suspected
of killing your comrade
and his wife, your former lover,
and you say you harbored
no ill will toward him?
I told you, I didn't
believe he did it.
Well, how could you be so sure
he didn't commit the murders?
Unless you were there.
Were you?
No, I wasn't.
So, isn't it possible that
in the confusion of events,
you forgot to warn Spence of
the dangers on the fourth floor?
No, I told those guys.
Mr. Walters
testified you didn't.
He's wrong. I told them.
He's wrong. So somehow, Spence
didn't get the word, or didn't hear you?
Maybe.
You were the forcible
entry team, right?
You were breaking down doors.
You were in the lead, with Walters,
and Spence was the Can Man.
He was in the
rear, correct? Right.
So, when you gave your
warnings, it was the responsibility
of the person closest
to you, Walters,
to make sure those warnings
were relayed to Spence.
Sure.
Make sure he understood the
dangers. Walters' responsibility, correct?
That's right.
So, you're passing the buck to
Walters, your brother firefighter?
The man who says he
trusts you with his life?
I didn't mean... Are you sure
you're worthy of that trust?
No more questions.
JUDGE: Has the
jury reached a verdict?
Yes, we have, Your Honor.
On the sole count of the indictment,
Murder in the Second Degree,
how do you find?
We find the defendant guilty.
(INDISTINCT CHATTER)
(JUDGE POUNDING GAVEL)
He didn't do anything wrong!
He didn't do anything wrong!
(POUNDING GAVEL LOUDER)
We're not done yet. Issue
an arrest warrant for Walters.
I killed Spence?
Am I crazy or didn't I just
hear a jury convict Toshack?
That's because they
didn't believe his testimony
that he warned you,
and that you're the one
who failed to pass the
warning on to Spence.
They didn't believe
it, because it was crap.
Well, another jury
might not think so.
What other jury?
The one at your trial for
depraved indifference murder.
People's Exhibit One: the
transcript of Toshack's testimony.
Who knows, with an offer
to reduce his sentence,
we might even get Toshack
to testify against you in person.
Can they do that?
Or, I can set aside this charge
and offer you a reduced sentence for
the murders of Tom and Linda Cooper.
25-to-life for depraved
indifference murder,
15-to-life for a double murder.
And that's a
one-time only offer.
(WHISPERING)
What happened at Cooper's house?
(SIGHING)
Toshack heard from Spence
that Cooper found the
money in the wall at the house.
Toshack, McShane and me,
we decided to steal it.
Cooper wasn't
supposed to be home.
When he didn't tell us
where he hid the money,
Toshack hit him
a little too hard.
Then he went after Linda.
Me and McShane,
we couldn't abide that,
but we couldn't stop him.
She didn't know
where the money was,
but he killed her anyway.
Then Toshack got called
back to the firehouse,
and I stayed with McShane
to look for the money.
We found it.
And Spence?
(IN A CHOKED VOICE) Toshack
got worried that he knew too much.
So, he set a fire,
and he sent
Spence up the stairs.
All for the damn money.
McShane and me, we...
We heard the cops
were tracing the bills,
so we lit his barbecue
and we made a fire.
Over 100 grand,
up in smoke.
That money was bad news.
It was bad news.
(SNIFFLING)
Walters, 15-to-life.
McShane, 15-to-life.
Toshack, 35-to-life,
signed, sealed, delivered.
Eat and run?
I'm filing an indictment against
the owner of the warehouse.
I want to beat that special
prosecutor to the punch.
Mike.
Thanks.
I think.