Law & Order (1990–2010): Season 4, Episode 4 - Profile - full transcript
Detectives Briscoe and Logan investigate two shootings that occurred on the same day. Both victims were shot at close range from a sawed-off shotgun. The medical examiner is of the view that the shootings were from the same gun. There had been a similar shooting two weeks before and all three people had one thing in common: they were people of color. A fourth victim is severely injured but survived the attack and he can recall the shooter's voice. Dr. Olivet and an FBI profiler give the police a profile and they work down the list of subscribers to white supremacist magazines. It eventually leads them to Arthur Tunney whose mother died after being mugged by black youths just a few months before. After his arrest, Tunney hires a prominent black attorney, Horace McCoy, to defend him. McCoy manages to get him out on bail, which has a major impact on the case.
(male 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.
What the hell kind of
flavor is coco piñada?
My wife brings
it home. I like it.
What ever happened
to ginger ale?
I don't know, Dad. What
ever happened to sarsaparilla?
[gun firing]
(Greenberg) Damn!
[woman screaming]
[people murmuring]
(Jarvis) Signal
10-24. Female down.
(Montoya) Ave Maria!
Geez! Oh, no! 927, West 104.
Oh, man! He ran in there.
You catch the bastard, there.
What's he look like? Like you.
A white guy with a gym bag.
Stay here!
(Briscoe) So you never
saw the guy running?
(Greenberg) No, there
was a truck in the way.
But a witness saw
him run into the garage.
And you chased him in there?
I did, but the back's a dead end.
And you never saw anybody
drive out? No one drove out.
Witnesses? Mr. Montoya.
If you'd have ran
faster, you'd have him.
He don't run too fast for me.
You ought to make me the cop.
You stay here. You shut up.
[siren wailing]
Mike, what do you got?
Meet Ashita Khan. She's 32 years
old, she's got a Musicians Union card...
she's got $45 in her pocketbook, and
she's got a shotgun blast in her chest.
Last Monday, about 6:00 p.m.,
that grocery clerk, the same thing...
what, about three
blocks from here.
Look at that bag, Lennie.
That's the same market.
Maybe the guy got upset 'cause they
weren't giving out green stamps anymore.
(Greenberg) They
saw the guy, too.
He was only about 30, but
he had manners, I thought.
He said hello to me and then
he pulled his rifle out of his bag.
It was so loud, my
ears are still ringing.
I told you he's here. I call
911 six times this morning.
Who? You know the guy?
You pray, you know
the enemy of God.
Satan? El diablo?
[speaking in Spanish]
He live. Great, let's book him.
I don't think so. This guy
knows the neighborhood.
Satan's not a local.
They're both shot on the street.
There's no robbery,
there's no warning.
A Haitian teenager
and a woman from India.
Welcome to America.
The same weapon. Shotgun.
So we don't count on
Ballistics for a match.
Well, there were no shells on
the ground. So that means what?
Either the shooter picked
them up, or it's a breech-load.
Or it's two breech-loads.
It's possibly the most
common weapon in the country.
Duck country.
[phone ringing]
Van Buren.
Thanks. The husband's here.
(Khan) Ashita and I...
we moved to the neighborhood
about five years ago.
It was once a very
fine area, you know.
The realtor said it
was coming back.
When was the last time
you spoke to your wife?
This afternoon. She was
leaving for a rehearsal.
The Wennegren Chamber Orchestra.
She played the cello, you know.
She said she was gonna
pick up dinner at Webb Market.
Webb Market. That's
where Hector Duvall worked.
A boy was shot last week.
He was a cashier there.
I read about it. I didn't
know he worked there.
Your wife ever
mention him to you?
A cashier? Why?
Can you think of anybody who
might have wanted to hurt her?
Of course not.
Nobody.
[Khan sniffling]
Last...
Last week we found out
we were gonna have a baby.
Shotgun wounds, the gun's
usually a street sweeper.
Drug cowboys love them.
The hole in the woman's
chest was five inches across.
Then it wasn't a sweeper unless the
shooter was standing a block away.
He wasn't. The woman was
standing here when she was shot.
And some of the shot passed
across her shoulder and hit the wall.
We triangulate back from the edge
of the spread patterns on the wall...
and on the body.
The shooter was here.
That's a wide
spread for that close.
Exactly. Unless the
barrel was sawed-off.
What about Hector, the cashier?
Number 5 goose
shot. Old paper shells.
Same as the woman. Plus the
same pattern, the same spread.
Amazing coincidence?
Or the same gun.
And I saw the same ammunition,
similar spread, two weeks ago in Harlem.
The late, unlamented
Ruben Calzada.
(Logan) Yeah, okay.
Calzada was a sidewalk
lookout for a crack house.
The 72 has his murder listed
under "Solve After the Next Ice Age."
If the Indian cellist was on the
pipe, her husband forgot to mention it.
If she had a special
relationship with Hector Duvall...
he forgot to mention that, too.
Maybe Duvall had a
part-time job with Calzada.
Maybe Calzada shopped
at Webb's Market.
Maybe it's time to
buy a quart of milk.
All right, his name's
Calzada, Ruben.
Now, you ever seen him
around Hector Duvall?
I don't think so.
What about her?
She's a nice lady.
She shops here.
But you won't believe how
many coupons she brings.
Was she friendly with Hector?
Hector worked and he studied,
then he worked, then he studied.
He just got into
Columbia on a scholarship.
No drugs ever? Girlfriends?
My friend Samantha
thought he was cute.
Practically tackled
him one day after work.
And he almost broke his ankle
running away to do his homework.
The kid's a Boy Scout,
the Indian lady's a saint.
No hanky-panky there.
She and her husband
held hands in the elevator.
And the drug
dealer? A drug dealer.
Killed by the same ammunition,
probably the same gun.
Give me a connection
between the victims, please.
There might not be one.
Then we're really in trouble.
Get all the witnesses
in. I'm calling Olivet.
It was a Giants cap. White
guys all root for the Giants.
Is that the face?
The nose was wider.
And the chin. The
chin was longer.
Not that long.
The old lady keeps trying to
make him look like Liberace.
One thing they all
agree on: he was white.
And he wore a cap. Giants,
Mets, Green Bay Packers.
Get me every report you have on the
victims. Crime scenes, forensics, photos.
I'll send it to Behavioral
Sciences in Quantico.
We don't need the FBI to show
us how to handle a homicide.
Three homicides,
seemingly random.
If you've got a serial killer,
the connection's in his mind.
Serial killer? We
don't know that.
Then explain this to me.
Okay, maybe.
Bring the Feds in, it'll take us a week
to show them how to use the subway.
Their psychological profiles helped catch
Bundy and Shawcross up in Rochester.
Yeah. They had David
Koresh all figured out, too.
You got any suggestions what
we do while the geniuses work?
Start the drill.
You guys, 106th Street.
From Amsterdam to the park.
You two, Broadway.
Every lamppost, every wall.
Have the supers hang
them by the mailboxes.
Fellas, we're collecting white guys
with caps. You wanna join the party?
We'll find our own.
Anybody interested? No, they
all work here, they got jobs here.
We're taking names
and addresses. All right.
The uniforms looked for the
guy over by this fire escape.
But there's another door back
there that leads to a passageway...
goes all the way
through to 103rd Street.
That's how the shooter got away.
You were here?
Yeah. For about three
years when I was a kid.
You could steal a comic
book from that drugstore...
and be skipping
down 103rd Street...
before the old guy at the
counter even knew you were gone.
I was interested in the
criminal mind even then.
Well, if the shooter knew about your
passageway, maybe he grew up here, too.
So that would make
him Irish? Jewish? Yeah.
That's what it was
when I was here.
Everybody worked 60 hours
a week, nobody had a nickel.
Same as today, except now
they're black and Spanish.
Yeah. New York City.
You don't like the
neighborhood? Wait 10 minutes.
Haven't seen him.
What's he drink?
If we find him, I'll ask.
I hope it's Bordeaux.
When this neighborhood was
about to go up a few years ago...
I laid in a stock of
the best French wines.
Sounds exciting.
The characters that moved in only
want the latest flavor wine cooler.
Peach Parfait. $1.19.
Well, you sell enough of
those, what's the difference?
The difference?
I'm standing here wondering
which of my customers...
is gonna come in some
night and blow me away.
♪♪[music playing]
No, I don't think so. I took
out the Mantovani section.
And replaced it with
masterpieces like this?
Well, myself, I still like early
Billie Holiday, anything by Bach.
But I give the people
what they want.
Now, my best customers, white
kids from Central Park West.
Their dads are all dentists.
Any song about blowing away cops,
nothing personal, they buy me out.
Explain it to me.
Too much violence on television.
White people don't cash their
checks here. They got banks.
There are a few
poor white people.
Bring one in. I'd
like to meet him.
Gonna be a long day.
There were two weeks
between the first two killings...
two days between the
second two. He's speeding up.
Unless there were killings after the
first one that you haven't detected.
New York's a tough town...
but we usually notice when
pedestrians get whacked by a 12-gauge.
Most of the time.
Let me run you through the
baby steps on a killer like this:
He looks like the most
normal person in the world.
He has trouble with
personal relations.
He'll get an ego boost by killing again
while the police are still looking for him.
So we all go home and wait
for him to tire himself out?
No, you just might
be smarter than he is.
You want to help us out
or just give us an IQ test?
The choice of
weapon is interesting.
We're checking recent
shotgun purchases.
Don't bother. If he bought
a new weapon for this...
he would not have bought a
breech-loading 12-gauge. No.
He's using something that's
been sitting in a closet someplace.
(Briscoe) So he's a
hunter? Or his father.
We're doing what we
can with hunting licenses.
We think he's between
the age of 35 and 40.
Our witness said 30.
Mrs. Whitney? The elderly
tend to underestimate age.
He's acting out a
grudge against a group...
because of something that happened
to him. Either real or imagined.
Checking Webb's Market, fired
employees, customers with complaints.
Calzada was Dominican,
Duvall Haitian, Khan Indian.
And they all had dark skin.
So a guy who has a beef, real or
imagined, against foreigners, non-whites...
or a supermarket.
Dealer's choice?
The next victim will
narrow our focus.
The 49's sending over 10 guys.
Twenty blocks, one on each
side, we need at least 80.
And no Irish beat-walkers
in drip-dry suits.
We want blacks, Hispanics,
women, people who look like kids.
Is the department gonna go for this?
They won't even spring for felt-tips.
You organize the bodies,
I'll worry about the money.
[people chattering]
♪♪[music playing]
(man) Turn that music down!
Let me get your windshield here.
Van Buren, the block's still
covered. Can you spot them?
Ours, ours...
ours. The lady's
three for three.
Maybe I'll break out my
fishnets, spiked heels...
and give someone the night off.
(officer) Unit 12,
come in. Unit 12.
10-24 shots fired. 111 and
Broadway. Ambulance on the way.
He's a lucky man, Mr. Jackson. He
caught a load of bird shot in the back...
a couple of fliers just missed
his heart, one nicked his kidney.
He must've turned and run when
he saw the gun. It's good instincts.
Yeah, most people freeze
and die. We need to talk to him.
The man's just out
of emergency surgery.
We're chasing a
serial killer, Doc.
There he is.
(Briscoe) Mr. Jackson,
Detectives Briscoe and Logan...
New York Homicide.
Can you tell us what happened?
He asks me:
"How do you like
the neighborhood?"
Then he took a
double-barreled out of a bag.
I took off.
761st Battalion,
D-Day, Omaha Beach...
I saw what happened to
people who didn't break for cover.
Did you happen to
get a look at his face?
It was dark.
He had a cap.
But I'd know his voice.
Jackson was born in Albany, he
shops at the A&P, but he's black.
So it's racial and linked
to a particular territory.
The shooter asked Mr. Jackson
how he liked the neighborhood.
Now, a witness to the
Calzada killing said...
he thought the shooter
said, "Have a nice day."
But when we talked
to him again he said...
it might have been,
"Welcome to the neighborhood."
Calzada was shot in Harlem,
the others were upper West Side.
Yeah, but the place where Calzada
was shot used to be a movie theater.
Now when I was a kid up there, we
considered that part of the neighborhood.
He knows the area, considers it his,
something bad happened to him there.
Find something good that
happened. That'll be news.
(Bishop) He's irrationally
blaming all people with dark skin.
He's paranoiac in general, probably
has a history of feuding with neighbors.
He'll talk to someone about
his obsession. His wife, whoever.
He'll seek social support.
(Olivet) Maybe regulars
at a neighborhood bar.
A bar where white guys make racist
remarks? Can't be too many of those.
He might seek the literature
of a white supremacist group.
The Bureau has mailing lists. I'll get
you a sort on the New York zip codes.
There's not much
doubt he'll kill again.
None.
Any of the names
match our lists?
I fed in black on white crime
victims from the upper West Side...
the reports from your street canvassing,
hunting licenses from nearby counties...
18 hits.
Thomas Jones,
subscribes to Aryan News...
assaulted two
years ago. He's 88.
Never too old to be a bigot.
George Ferguson, muggee.
From the street canvass, two
winners in Brooklyn and Queens.
You got your passport?
Thanks. Sure.
We know you've been in
that neighborhood, Kevin.
These dead people,
they were niggers?
You got a problem with black
people? What do you think?
(O'Connor) Kevin, what's
going on? Who are you?
I'm Det. Logan,
this is Det. Briscoe.
Is this boy your son? I'm Kevin's
mother. What do you want?
We're talking to people
who are on the mailing lists...
of white supremacist groups.
Why? What's it to you?
They're asking about some
niggers that got shot, Ma.
Oh, yeah? Well, we've
been crying our eyes out.
Look, we happen to believe white people
have the right to stand up for themselves.
There's no rule against
that. Let's go inside.
But we do need to know
where Kevin was last night.
He was at church.
On a Tuesday? Choir practice.
8:00 to midnight. You wanna check?
There's 40 God-fearing witnesses.
Come on.
[siren wailing]
George Ferguson?
Now, why would a black guy
subscribe to White Power World?
Identity crisis?
Robert Nelthropp's forwarding
phone number is in North Dakota.
I'm sure he'll be very
happy there. Who's next?
Arthur Tunney, Rego Park.
Interviewed on Broadway
two days ago in a Giants cap.
In my eyes, it could be
him and it could be you.
So where'd he move
to? He didn't say.
You know where he moved
here from? I still get mail for him.
Some of it's forwarded from
an address in Manhattan.
I been saving it,
in case he calls.
All right, the address,
the upper West Side?
Yeah, I think so.
I'll go get it for you.
Tunney? Sure, he used
to live here with his mother.
Where is he now? I don't know.
He was here a couple of
days ago with his sister.
They were clearing out the
rest of the old lady's stuff.
Did they go to Florida?
You don't know?
The old lady, she was taking a walk to
the park, maybe three, four months ago.
Broad daylight, kids snatched
her bag, knock her down...
she hit her head, they
left her to die. Scum.
We have a Tunney
on our victims list?
Her name's Waters.
Second marriage.
These kids, what racial
persuasion were they?
Come on, look around.
They weren't Eskimos.
You got the sister's name? Yeah.
(Mary) I begged her to
move somewhere safer...
but she lived in that
apartment 53 years.
The neighborhood was
her life. She wouldn't leave.
My brother-in-law hated it there. He
moved back in with her to protect her.
Have you found the
African-Americans who killed my mother?
That's why we needed
to talk to your brother.
What can he tell you
you don't already know?
Well, we might have
missed something before.
He's on West End Avenue, 1410.
What?
(Logan) She knew we
weren't there about the mother.
(Briscoe) Well, the husband
didn't know. Or he didn't care.
You wanna call for backup?
No, let's just do it.
And get a 12-gauge hello?
Hey. Cap, bag. Close enough.
Arthur Tunney? Yeah?
All right, get your hands up on the
roof. Spread your legs. Don't move!
Wheeling out the welcome
wagon again, Artie?
It's number four, I think.
Take your time, Mrs. Whitney.
She made her call.
Yes, it's four. I think.
Thank you, Mrs. Whitney. Come
on, Mrs. Whitney. Right this way.
(Logan) Mr. Montoya,
step right up.
Mr. Montoya, I want you to look
at these people very carefully.
(Montoya) Number three.
Or one. Definitely three or one.
Good choices. I'll take
my client home now.
He's got one more audition.
(Logan) Number one:
(man #1) How do you
like the neighborhood?
Number two:
(man #2) How do you
like the neighborhood?
Number three:
(Tunney) How do you
like the neighborhood?
Play that one again.
[tape rewinding]
Number three:
How do you like
the neighborhood?
That's it. That's him.
That's the man that shot me.
So, I have a shotgun.
Ever hear of the Constitution?
The right to bear arms?
Does the Constitution give
you the right to shoot people?
Black people?
Well, as a matter of fact,
the Constitution says...
they're only worth
three-fifths of a white man.
Mr. Tunney, I advise
you to remain silent.
It's okay, we're talking
about the Constitution.
Article One, Section Three. Look
it up. That article's been amended.
Progress.
It's not always a good thing.
And the old neighborhood really
went to hell with itself, didn't it?
Yes, it did. And I don't see you
people doing anything about it.
And so you decided to do
some cleaning up on your own.
When I said "you people," I was talking
about the white lackey power structure.
I didn't mean you people.
You people have done plenty.
Made the neighborhood
a wonderful place...
if you like living in Nairobi
or wherever it is you're from.
I'm from Brooklyn, Mr. Tunney.
You've done a
nice job there, too.
Mr. Tunney, this isn't
doing you any good.
You are, Miss Levinson?
Your public defender advice is
worth everything I'm paying for it.
I will be dispensing
with your services soon.
What are you gonna do, Tunney?
Get a lawyer in a white sheet?
Don't you see what's
happening in this country?
Don't you want to see?
(clerk) "Docket number
87345, People v. Arthur Tunney.
"Three counts of murder
in the second degree...
"one count of attempted
murder in the second degree."
I see a defendant.
Do I see an attorney?
Your Honor, I've just been engaged
to take over Mr. Tunney's defense.
Always a pleasure,
Mr. McCoy. Mutual, Judge.
Not guilty.
On all counts, I
assume. Miss Kincaid?
In view of the heinous nature
of the crimes, Your Honor...
the People request that
Mr. Tunney be held without bail.
However heinous the
crime, Mr. Tunney is not.
He has a job, he has
roots in the community...
the police have overreacted
to public outrage...
by precipitously
arresting an innocent man.
(Pongracic) If you wanna
argue the evidence, Mr. McCoy...
write me a brief.
Defendant remanded without bail.
You're not concerned?
He wasn't off the bus at Rikers 20
minutes, and he's viciously stabbed.
A vicious, superficial cut.
And he's under very good
guard at the prison hospital.
While every young blood in
the yard is sharpening his spoon.
He'll be protected.
The only way to assure that is to drop
your opposition to my motion for bail.
Then he'd be safe and nobody
else would. If he's your killer.
I've seen stronger evidence
that Eisenhower was a communist.
Please, you're not gonna
take a chance with this guy.
He's out killing
innocent people.
In the eyes of the law, I believe
Mr. Tunney is an innocent person.
Unless you've already had a trial
and convicted him without inviting me.
No, Horace. We wouldn't think of
having a trial without inviting you.
Horace McCoy is a member of
the Harlem Defense League...
now he's defending
a racist killer?
Yeah, well, someday a rapist
may be lining up to hire you.
Yeah, but what's in it for him?
Don't worry about his
motivation. Worry that he can win.
We've got an
eyewitness and a weapon.
We've got an ear-witness
and a generic shotgun.
And we can show a revenge motive.
Two black teenagers killed his mother.
Yeah, wonderful.
First, he gets sympathy, then he
trots out McCoy to show he's not a bigot.
That's why he hired him.
Tunney is running amok.
He's killing innocent people.
You wanna deal him? No,
sir. You've got to convict.
Or every crime victim in the city
launches himself as Captain Vengeance.
But if Tunney casts himself in that
role, maybe he's proud of what he did.
He brags to the world
about it, hangs himself.
You think we can get him
to take the stand? Ask him.
(McCoy) Unless you're
offering your services...
as Mr. Tunney's bodyguard...
I don't see the reasons
for this meeting.
I took another look
at your evidence.
Based on your
ballistics report alone...
you should have indicted half
the duck hunters in the state.
Well, Horace, we have
looked at the evidence...
and we think there's
extenuating circumstances.
The brutal death of
your mother, Mr. Tunney.
They got her. Not another word.
Used to be a nice
neighborhood, until these people...
You ever hear of the
Sixth Amendment?
Mr. Tunney has a right to counsel.
He also has a right to be heard.
Don't you love watching
a black lawyer at work?
It's a marvel of
nature, like a platypus.
Platypus? That's a big word. You
know, you don't sound so dumb.
I'm surprised you haven't
noticed Stone is here to trick you.
I was smart enough to
hire you, wasn't I, Horace?
[pager beeping]
I better take it.
Going to protect the rights of
another oppressed black man?
Tunney! You gotta listen to
me or I'm out that door! Sit!
[door alarm buzzes]
You have no qualms
about this, Horace?
You mean, why didn't I
stay above 110th Street...
where I belong? That's not
what I mean, and you know it.
Do you ask white lawyers
if they have qualms...
when they defend a black man
accused of killing white people?
If it's a question of principle and
the defense being railroaded, no.
How about a man being entitled
to the best possible defense?
The Tunneys can
afford a flashy lawyer.
Precisely. And
they got a good one.
I'm not questioning your
ability. You're a great lawyer.
You know that. I know that. I
want the whole city to know that.
Is that what this is all about? Some
high-profile form of advertising?
You mean, I might get my name on the short
list of trial lawyers for wealthy clients?
Put up there with Haines
and Spence and Cutler?
When they made their
names defending killers...
did you ask about
their consciences?
The call was from Van Buren.
Another shotgun killing
on the upper West Side.
The victim was black.
But he was fooling around
with his cousin's girlfriend...
the cousin had a
temper and the shotgun.
Don't tell me. The
police can't find them.
Terrific. It's a copycat...
and McCoy'll use him at the bail hearing
to prove that we have the wrong guy.
Don't worry, I'm prepped.
For Judge Pongracic? That
woman? She's very unpredictable.
If only she could hear Tunney
talk about them and platypuses.
Or the jury could.
He must have sounded off to someone
who could help us establish motive.
Briscoe and Logan said that
his sister wasn't surprised...
that they were looking
for him, so check her out.
Maybe we both want
something, Miss Kincaid.
I want to keep a dangerous
killer off the streets.
Dangerous killer.
Funny way to hear your
little brother described.
I remember how he cried if I used
to blow his birthday candles out.
How about more recently?
Will you testify about what your
brother said about black people?
What he did about black people?
My brother'll die if
he goes to prison.
Now, maybe Arthur said
things to me I don't remember.
Unless I have a reason to.
There's an isolation unit at
Dannemora, we can promise you...
He needs help. He belongs in
a mental hospital, not a prison.
He's not legally insane. Not even
his lawyer is claiming that he is.
Then I can't help you.
She knows he's guilty
but she won't cooperate.
It was her mother,
too. She's angry.
Adam, if my brother was spraying
pedestrians with a
shotgun, I'd turn him in.
Would you? Yes, sir.
If she's protecting him, why
didn't she call to warn him...
after the police
left her apartment?
Briscoe and Logan drove
50 blocks to Tunney's place...
but he didn't leave
until after they got there.
But when they got there,
the gun wasn't loaded...
and there were no
shells in the bag.
He wasn't taking
it in for repairs.
He was trying to dump it?
Get the sister's phone records.
[clock bell tolling]
The Bradleys' LUDs.
There's a call to Tunney 20 minutes after
Briscoe and Logan walked out of there.
Twenty minutes.
No wonder he was still
around when the cops got there.
The sister's rock solid behind
him. She wouldn't delay.
But she wasn't
the only one there.
What, her husband tried to talk
her out of it? He's the weak link?
We've got to hope
there's one somewhere.
Now it's a crime
to call your brother?
(Kincaid) It is if you told him
to get rid of evidence, yes.
You could be charged with
hindering prosecution, Mrs. Bradley.
(McCoy) Go ahead,
slap her wrists, Mr. Stone.
I'll slap back harder with
a charge of harassment.
Don't threaten me, Horace.
You're here as a courtesy.
(Mary) He's our lawyer.
Not for long, if your brother's
interests and yours diverge.
My brother and I
are on the same side.
Do you want to
share a cell with him?
Mr. Bradley, how eager
are you to be indicted?
Me? Yes, it's your phone, too.
We can assume action in common.
Unless, of course, you tried
to prevent her from calling.
You don't have to
listen to this. Let's go.
Mary. We'll discuss it outside.
So we go with what we've
got. The family's standing firm.
Defend thy brother though
he shoot thy neighbor.
We still have a
victim's testimony.
And the motive's a lock,
Tunney's a raving racist.
Racism's in style these days.
There was a dinner at
the East Side Sunday night.
This woman next to me
starts telling this coon joke.
How could anyone
today find that funny?
People are saying things I'd have
been embarrassed to think 10 years ago.
Unemployment, crime. People
make scapegoats out of minorities.
Average white male, he's
more likely to be attacked...
by his wife than
by a black mugger.
Subsequent to placing Mr. Tunney
under arrest, we searched his apartment.
And is this the literature
that you found there?
In his bedroom.
Please read the
highlighted paragraph.
(McCoy) Objection.
Surely, what an American citizen
reads cannot be subject to police inquiry.
It goes to motive, Your
Honor, and state of mind.
And it goes against
the First Amendment.
Overruled. But keep
it on point, Mr. Stone.
"So-called Africans,
truly called mud people...
"diverged from Homo
sapiens ages ago.
"They are not human, and hunting
them is as natural as hunting raccoons."
(Stone) Right. Thank you.
It's my understanding that...
the police first expressed
interest in Mr. Tunney...
because his name was on the
mailing list of the... What was it?
White Power Party.
Is that correct? Yes.
How many people in the
five boroughs are on that list...
and other similar lists
you consulted? About 700.
Can you tell us where each one of them
was the day that Hector Duvall was shot?
Can you tell us where they were
the day Ashita Khan was shot?
Mr. Tunney had a sawed-off
shotgun and a strong motive.
I understand.
Where was Mitchell Pergament,
the night Lionel Jackson was shot?
Your Honor, objection.
Is this a name on the list...
and is he going to ask
about every one of them?
Mitchell Pergament's
brother was killed...
by a black mugger
on Dyckman Street...
eight days before Mr. Tunney's
mother was murdered.
I assume you have a number of
other grieving relatives to inquire about?
Fifty or sixty.
What do you say you boil it down
to a single question, Mr. McCoy?
Detective, did you
investigate every one...
of the 750 New Yorkers who
had the same alleged motive...
or state of mind
as the defendant?
We didn't need to. We
already had the killer.
You made that assumption and that
is where your investigation stopped.
It was double-barreled.
Side by side.
When I saw those two holes pointing
at me, I tried to get the hell away.
Mr. Jackson, are you certain
that the voice of the gunman...
was the same as the voice of
the defendant, Arthur Tunney?
He's the one.
Thank you. Your witness.
You did not see the face
of the man who shot you?
He was his size, his build.
Then for all you know, it
might have been this man.
No, he's shorter. I can tell.
If Mr. McCoy would like the two
gentlemen to stand next to each other...
and be measured, the
People have no objection.
How old are you, Mr. Jackson?
Seventy-two. But
perfect hearing.
On the night you were shot, you
were unconscious for two hours.
You lost half the blood in your
body. You had major surgery.
Now, through all that trauma...
you don't have the slightest bit of
normal doubt that you could remember...
or distinguish a voice
you'd never heard before?
I remember the voice...
of the first white man that
told me not to come in his store.
I remember the
voice of the doctor...
who told me I had a healthy son.
And I remember the voice of the
man who took out a gun and shot me.
(Stone) I'm glad Lionel
Jackson was on our side.
He could teach a course
on how to testify as a witness.
How good a
witness is Dr. Olivet?
She's terrific. But
not on this case.
If they don't want to bring up
Tunney's psychology, neither do I.
Why do you ask?
McCoy's witness list is
out. He's calling Olivet.
And he's subpoenaed
every note and record...
concerning the development
of the serial killer profile.
What?
I knew McCoy was clever,
but this is off the Richter scale.
He can bury us
with this material.
And use our own
expert to turn the shovel.
This psychological
profile of the killer...
was not prepared solely
by you, was it, Dr. Olivet?
It was primarily
compiled by the FBI.
Experts who studied how
many, 200 serial killers?
Something like that.
Who had access to information on
every crime in the United States...
and an entire staff of
distinguished psychiatrists?
Objection, Your Honor. I honestly
don't understand the relevance of this.
I'm just trying to
establish that this profile...
is an authoritative
description of the killer.
But it's a hypothetical description. It
didn't arrest Mr. Tunney, the police did.
Relying on this profile.
Fair enough, Mr. McCoy. But
let's not belabor its bona fides.
(McCoy) Fine.
It says here that the killer would
have spoken of his rage to his wife.
Is Mr. Tunney married?
It says that he would have spoken
to his wife or someone close to him.
Is Mr. Tunney married?
No.
It says here the killer has a
history of feuding with neighbors.
Mr. Tunney has not feuded with
anyone that I've heard of. Have you?
The profile is only a
tool to help investigators.
It guided them right smack
to Ted Bundy, didn't it?
Right smack to Arthur Shawcross?
It was one of many things
that helped investigators...
This profile says that the killer
worked at a succession of menial jobs.
Mr. Tunney owns his own
upholstery business, doesn't he?
So I've been told.
Mr. Tunney fails to
match this profile...
in many significant
aspects, does he not?
And he matches in others.
How many men in New York
City match this profile overall...
more closely than Arthur Tunney?
I couldn't say.
Unfortunately,
neither can the police.
You use the profile when
you're hunting a lunatic...
and McCoy makes it
blow up in your face.
Olivet held him off as
well as she could. Yeah.
He was just grasping at
phrases. It didn't mean anything.
They were just words.
Words is what we do
around here, Miss Kincaid.
Who's McCoy got next?
His ballistics expert.
Ours made the case that the
same gun had shot all four victims...
and that it's one in a million.
And McCoy'll have the jury
believing they grow on trees.
Call him. See what
you can work out.
We're still winning.
The goal, Miss Kincaid, is to
keep Tunney off the streets...
not improve our batting average.
Mr. McCoy, please.
Ben Stone calling.
We don't wanna give him the
whole store. One count, 25-to-life.
That's still murder
two. Will McCoy take it?
One life imprisonment
is better than three, and...
that gives McCoy a partial victory
and Tunney is off the streets, thank God.
I hate to interrupt, sir,
but can we meet at Rikers?
Since when?
I can imagine.
Why the hell wasn't I notified?
Don't gloat, Horace.
No.
No, and you might wanna
warn your neighbors.
[Stone sighs]
Tunney has been out on the
streets since 4:00 this afternoon.
What? Where's our notice?
Some clerk's dog ate it.
I make the rulings, Ben.
I don't deliver the mail.
The bail hearing was a week ago.
You come back from
vacation and drop this on us?
Ruling on motions
is part of my job.
We're just asking
for another hearing.
You know how to do that, send
your notice to defense counsel.
(Stone) There are exigent
circumstances here.
Tunney could be pulling
the trigger while we're talking.
If he's your killer.
Mr. McCoy's motion made the point
that one of these murders was committed...
while Mr. Tunney was
in jail. By a copycat.
And he's not linked to the
killings that Tunney's charged with.
I suggest you take your
argument to the Appellate Division.
Because you won't admit
you made a mistake?
Keep up that tone, Mr. Stone,
and I'll hold you in contempt.
You'll jail me, and you
won't jail a mass murderer?
Ben! I'm sure Judge Rodriguez
will hear an appeal expeditiously.
We don't have time for that. We
can get an order in half an hour.
I used to work for him.
Fine.
Thank you, Your Honor.
(Pongracic) Give her a raise, Ben.
You were about to
walk out of here in cuffs.
If I acted
inappropriately, I'm sorry.
Don't be. You didn't act
inappropriately. And neither did I.
What is inappropriate is a
judge releasing a serial killer.
I'll call Judge Rodriguez.
No. I'll take care of that. You
make sure that the cops find Tunney.
All right?
He's not at home, he's not at the
mother's, he's not at the sister's.
Keep unmarked cars
in front of all of them.
What do we do with him when
we find him? He's out legally.
Let him know he has
company all the time.
Right. If we find him.
The family might
know where he is.
The sister's
standing up for him.
Lennie, you remember the brother-in-law?
He gave up Tunney's address.
He was a little shaky before, even
when Tunney was safely locked up.
How do you think he's sleeping
knowing Tunney's on the prowl?
We'll press him.
Our lawyer's on his way
over. We're not here about...
Mrs. Bradley, we're not here about
any crime that you may have committed.
We're here about your
brother. We've been through this.
We don't know where
the hell he is, Mr. Bradley.
And we don't know
what he's up to.
Even if he is the killer, you
think he's crazy enough...
to do it again during his trial?
What do you think? You
know him better than I do.
How crazy was he when he
shot those innocent people?
(Stone) And how much
crazier is he now that...
he's been stabbed
by a black man in jail?
The case is going against him.
He knows he's about to go
to prison for the rest of his life.
How is he gonna want to spend
his last few hours in the city?
Shopping for souvenirs?
Maybe we ought to tell them.
We got nothing to worry about.
We can't do anything
about what he did before.
He didn't do anything before.
Look, he came by here, upset
after the first two shootings.
He was talking crazy. Shut up!
My mother-in-law's things
are in a storage locker.
Arthur was in and out
of there all the time.
I don't know Arthur killed
anybody. Mary doesn't know Arthur...
My mother-in-law said she'd
move out of that neighborhood...
if she could live with us.
I said okay, but Mary said no. She
said her mother would drive her crazy.
The key, Mr. Bradley?
My father-in-law was a hunter.
He owned two or three shotguns.
Look at this.
That's my mother-in-law.
12-gauge shotgun shells.
(Briscoe) Very artistic.
Most people use flowers.
Hey, Lennie, check it out.
Sawed-off, double-barrel.
This is from the gun
we found on Tunney.
You didn't know, Mr. Bradley?
I haven't been here in months.
Wait a minute. Single-barrel.
Fresh filings.
This was sawed off today.
We've got 18 cars out, 40
officers on foot. So far, nothing.
We're not invisible.
Maybe he takes his act 10 blocks
uptown, 10 blocks downtown.
[woman shrieking]
Get him! My bag! He took my bag!
Hold it! Hold it!
You're kidding.
I don't have time for
you. I ain't do nothing.
Radio call. Man down
at 1215, West 105.
[police sirens wailing]
How's he doing? He'll be
okay. The bus is sent for.
Where'd the shooter go? There.
(cop) He's dead.
(Logan) It's Tunney.
(Briscoe) Suicide?
With his own gun?
(cop) No, this one.
Took it off her. This girl?
My father all right?
(Logan) He's gonna be okay.
We were coming from the
bus. That guy shot at us.
This used to be a
nice neighborhood.
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.
What the hell kind of
flavor is coco piñada?
My wife brings
it home. I like it.
What ever happened
to ginger ale?
I don't know, Dad. What
ever happened to sarsaparilla?
[gun firing]
(Greenberg) Damn!
[woman screaming]
[people murmuring]
(Jarvis) Signal
10-24. Female down.
(Montoya) Ave Maria!
Geez! Oh, no! 927, West 104.
Oh, man! He ran in there.
You catch the bastard, there.
What's he look like? Like you.
A white guy with a gym bag.
Stay here!
(Briscoe) So you never
saw the guy running?
(Greenberg) No, there
was a truck in the way.
But a witness saw
him run into the garage.
And you chased him in there?
I did, but the back's a dead end.
And you never saw anybody
drive out? No one drove out.
Witnesses? Mr. Montoya.
If you'd have ran
faster, you'd have him.
He don't run too fast for me.
You ought to make me the cop.
You stay here. You shut up.
[siren wailing]
Mike, what do you got?
Meet Ashita Khan. She's 32 years
old, she's got a Musicians Union card...
she's got $45 in her pocketbook, and
she's got a shotgun blast in her chest.
Last Monday, about 6:00 p.m.,
that grocery clerk, the same thing...
what, about three
blocks from here.
Look at that bag, Lennie.
That's the same market.
Maybe the guy got upset 'cause they
weren't giving out green stamps anymore.
(Greenberg) They
saw the guy, too.
He was only about 30, but
he had manners, I thought.
He said hello to me and then
he pulled his rifle out of his bag.
It was so loud, my
ears are still ringing.
I told you he's here. I call
911 six times this morning.
Who? You know the guy?
You pray, you know
the enemy of God.
Satan? El diablo?
[speaking in Spanish]
He live. Great, let's book him.
I don't think so. This guy
knows the neighborhood.
Satan's not a local.
They're both shot on the street.
There's no robbery,
there's no warning.
A Haitian teenager
and a woman from India.
Welcome to America.
The same weapon. Shotgun.
So we don't count on
Ballistics for a match.
Well, there were no shells on
the ground. So that means what?
Either the shooter picked
them up, or it's a breech-load.
Or it's two breech-loads.
It's possibly the most
common weapon in the country.
Duck country.
[phone ringing]
Van Buren.
Thanks. The husband's here.
(Khan) Ashita and I...
we moved to the neighborhood
about five years ago.
It was once a very
fine area, you know.
The realtor said it
was coming back.
When was the last time
you spoke to your wife?
This afternoon. She was
leaving for a rehearsal.
The Wennegren Chamber Orchestra.
She played the cello, you know.
She said she was gonna
pick up dinner at Webb Market.
Webb Market. That's
where Hector Duvall worked.
A boy was shot last week.
He was a cashier there.
I read about it. I didn't
know he worked there.
Your wife ever
mention him to you?
A cashier? Why?
Can you think of anybody who
might have wanted to hurt her?
Of course not.
Nobody.
[Khan sniffling]
Last...
Last week we found out
we were gonna have a baby.
Shotgun wounds, the gun's
usually a street sweeper.
Drug cowboys love them.
The hole in the woman's
chest was five inches across.
Then it wasn't a sweeper unless the
shooter was standing a block away.
He wasn't. The woman was
standing here when she was shot.
And some of the shot passed
across her shoulder and hit the wall.
We triangulate back from the edge
of the spread patterns on the wall...
and on the body.
The shooter was here.
That's a wide
spread for that close.
Exactly. Unless the
barrel was sawed-off.
What about Hector, the cashier?
Number 5 goose
shot. Old paper shells.
Same as the woman. Plus the
same pattern, the same spread.
Amazing coincidence?
Or the same gun.
And I saw the same ammunition,
similar spread, two weeks ago in Harlem.
The late, unlamented
Ruben Calzada.
(Logan) Yeah, okay.
Calzada was a sidewalk
lookout for a crack house.
The 72 has his murder listed
under "Solve After the Next Ice Age."
If the Indian cellist was on the
pipe, her husband forgot to mention it.
If she had a special
relationship with Hector Duvall...
he forgot to mention that, too.
Maybe Duvall had a
part-time job with Calzada.
Maybe Calzada shopped
at Webb's Market.
Maybe it's time to
buy a quart of milk.
All right, his name's
Calzada, Ruben.
Now, you ever seen him
around Hector Duvall?
I don't think so.
What about her?
She's a nice lady.
She shops here.
But you won't believe how
many coupons she brings.
Was she friendly with Hector?
Hector worked and he studied,
then he worked, then he studied.
He just got into
Columbia on a scholarship.
No drugs ever? Girlfriends?
My friend Samantha
thought he was cute.
Practically tackled
him one day after work.
And he almost broke his ankle
running away to do his homework.
The kid's a Boy Scout,
the Indian lady's a saint.
No hanky-panky there.
She and her husband
held hands in the elevator.
And the drug
dealer? A drug dealer.
Killed by the same ammunition,
probably the same gun.
Give me a connection
between the victims, please.
There might not be one.
Then we're really in trouble.
Get all the witnesses
in. I'm calling Olivet.
It was a Giants cap. White
guys all root for the Giants.
Is that the face?
The nose was wider.
And the chin. The
chin was longer.
Not that long.
The old lady keeps trying to
make him look like Liberace.
One thing they all
agree on: he was white.
And he wore a cap. Giants,
Mets, Green Bay Packers.
Get me every report you have on the
victims. Crime scenes, forensics, photos.
I'll send it to Behavioral
Sciences in Quantico.
We don't need the FBI to show
us how to handle a homicide.
Three homicides,
seemingly random.
If you've got a serial killer,
the connection's in his mind.
Serial killer? We
don't know that.
Then explain this to me.
Okay, maybe.
Bring the Feds in, it'll take us a week
to show them how to use the subway.
Their psychological profiles helped catch
Bundy and Shawcross up in Rochester.
Yeah. They had David
Koresh all figured out, too.
You got any suggestions what
we do while the geniuses work?
Start the drill.
You guys, 106th Street.
From Amsterdam to the park.
You two, Broadway.
Every lamppost, every wall.
Have the supers hang
them by the mailboxes.
Fellas, we're collecting white guys
with caps. You wanna join the party?
We'll find our own.
Anybody interested? No, they
all work here, they got jobs here.
We're taking names
and addresses. All right.
The uniforms looked for the
guy over by this fire escape.
But there's another door back
there that leads to a passageway...
goes all the way
through to 103rd Street.
That's how the shooter got away.
You were here?
Yeah. For about three
years when I was a kid.
You could steal a comic
book from that drugstore...
and be skipping
down 103rd Street...
before the old guy at the
counter even knew you were gone.
I was interested in the
criminal mind even then.
Well, if the shooter knew about your
passageway, maybe he grew up here, too.
So that would make
him Irish? Jewish? Yeah.
That's what it was
when I was here.
Everybody worked 60 hours
a week, nobody had a nickel.
Same as today, except now
they're black and Spanish.
Yeah. New York City.
You don't like the
neighborhood? Wait 10 minutes.
Haven't seen him.
What's he drink?
If we find him, I'll ask.
I hope it's Bordeaux.
When this neighborhood was
about to go up a few years ago...
I laid in a stock of
the best French wines.
Sounds exciting.
The characters that moved in only
want the latest flavor wine cooler.
Peach Parfait. $1.19.
Well, you sell enough of
those, what's the difference?
The difference?
I'm standing here wondering
which of my customers...
is gonna come in some
night and blow me away.
♪♪[music playing]
No, I don't think so. I took
out the Mantovani section.
And replaced it with
masterpieces like this?
Well, myself, I still like early
Billie Holiday, anything by Bach.
But I give the people
what they want.
Now, my best customers, white
kids from Central Park West.
Their dads are all dentists.
Any song about blowing away cops,
nothing personal, they buy me out.
Explain it to me.
Too much violence on television.
White people don't cash their
checks here. They got banks.
There are a few
poor white people.
Bring one in. I'd
like to meet him.
Gonna be a long day.
There were two weeks
between the first two killings...
two days between the
second two. He's speeding up.
Unless there were killings after the
first one that you haven't detected.
New York's a tough town...
but we usually notice when
pedestrians get whacked by a 12-gauge.
Most of the time.
Let me run you through the
baby steps on a killer like this:
He looks like the most
normal person in the world.
He has trouble with
personal relations.
He'll get an ego boost by killing again
while the police are still looking for him.
So we all go home and wait
for him to tire himself out?
No, you just might
be smarter than he is.
You want to help us out
or just give us an IQ test?
The choice of
weapon is interesting.
We're checking recent
shotgun purchases.
Don't bother. If he bought
a new weapon for this...
he would not have bought a
breech-loading 12-gauge. No.
He's using something that's
been sitting in a closet someplace.
(Briscoe) So he's a
hunter? Or his father.
We're doing what we
can with hunting licenses.
We think he's between
the age of 35 and 40.
Our witness said 30.
Mrs. Whitney? The elderly
tend to underestimate age.
He's acting out a
grudge against a group...
because of something that happened
to him. Either real or imagined.
Checking Webb's Market, fired
employees, customers with complaints.
Calzada was Dominican,
Duvall Haitian, Khan Indian.
And they all had dark skin.
So a guy who has a beef, real or
imagined, against foreigners, non-whites...
or a supermarket.
Dealer's choice?
The next victim will
narrow our focus.
The 49's sending over 10 guys.
Twenty blocks, one on each
side, we need at least 80.
And no Irish beat-walkers
in drip-dry suits.
We want blacks, Hispanics,
women, people who look like kids.
Is the department gonna go for this?
They won't even spring for felt-tips.
You organize the bodies,
I'll worry about the money.
[people chattering]
♪♪[music playing]
(man) Turn that music down!
Let me get your windshield here.
Van Buren, the block's still
covered. Can you spot them?
Ours, ours...
ours. The lady's
three for three.
Maybe I'll break out my
fishnets, spiked heels...
and give someone the night off.
(officer) Unit 12,
come in. Unit 12.
10-24 shots fired. 111 and
Broadway. Ambulance on the way.
He's a lucky man, Mr. Jackson. He
caught a load of bird shot in the back...
a couple of fliers just missed
his heart, one nicked his kidney.
He must've turned and run when
he saw the gun. It's good instincts.
Yeah, most people freeze
and die. We need to talk to him.
The man's just out
of emergency surgery.
We're chasing a
serial killer, Doc.
There he is.
(Briscoe) Mr. Jackson,
Detectives Briscoe and Logan...
New York Homicide.
Can you tell us what happened?
He asks me:
"How do you like
the neighborhood?"
Then he took a
double-barreled out of a bag.
I took off.
761st Battalion,
D-Day, Omaha Beach...
I saw what happened to
people who didn't break for cover.
Did you happen to
get a look at his face?
It was dark.
He had a cap.
But I'd know his voice.
Jackson was born in Albany, he
shops at the A&P, but he's black.
So it's racial and linked
to a particular territory.
The shooter asked Mr. Jackson
how he liked the neighborhood.
Now, a witness to the
Calzada killing said...
he thought the shooter
said, "Have a nice day."
But when we talked
to him again he said...
it might have been,
"Welcome to the neighborhood."
Calzada was shot in Harlem,
the others were upper West Side.
Yeah, but the place where Calzada
was shot used to be a movie theater.
Now when I was a kid up there, we
considered that part of the neighborhood.
He knows the area, considers it his,
something bad happened to him there.
Find something good that
happened. That'll be news.
(Bishop) He's irrationally
blaming all people with dark skin.
He's paranoiac in general, probably
has a history of feuding with neighbors.
He'll talk to someone about
his obsession. His wife, whoever.
He'll seek social support.
(Olivet) Maybe regulars
at a neighborhood bar.
A bar where white guys make racist
remarks? Can't be too many of those.
He might seek the literature
of a white supremacist group.
The Bureau has mailing lists. I'll get
you a sort on the New York zip codes.
There's not much
doubt he'll kill again.
None.
Any of the names
match our lists?
I fed in black on white crime
victims from the upper West Side...
the reports from your street canvassing,
hunting licenses from nearby counties...
18 hits.
Thomas Jones,
subscribes to Aryan News...
assaulted two
years ago. He's 88.
Never too old to be a bigot.
George Ferguson, muggee.
From the street canvass, two
winners in Brooklyn and Queens.
You got your passport?
Thanks. Sure.
We know you've been in
that neighborhood, Kevin.
These dead people,
they were niggers?
You got a problem with black
people? What do you think?
(O'Connor) Kevin, what's
going on? Who are you?
I'm Det. Logan,
this is Det. Briscoe.
Is this boy your son? I'm Kevin's
mother. What do you want?
We're talking to people
who are on the mailing lists...
of white supremacist groups.
Why? What's it to you?
They're asking about some
niggers that got shot, Ma.
Oh, yeah? Well, we've
been crying our eyes out.
Look, we happen to believe white people
have the right to stand up for themselves.
There's no rule against
that. Let's go inside.
But we do need to know
where Kevin was last night.
He was at church.
On a Tuesday? Choir practice.
8:00 to midnight. You wanna check?
There's 40 God-fearing witnesses.
Come on.
[siren wailing]
George Ferguson?
Now, why would a black guy
subscribe to White Power World?
Identity crisis?
Robert Nelthropp's forwarding
phone number is in North Dakota.
I'm sure he'll be very
happy there. Who's next?
Arthur Tunney, Rego Park.
Interviewed on Broadway
two days ago in a Giants cap.
In my eyes, it could be
him and it could be you.
So where'd he move
to? He didn't say.
You know where he moved
here from? I still get mail for him.
Some of it's forwarded from
an address in Manhattan.
I been saving it,
in case he calls.
All right, the address,
the upper West Side?
Yeah, I think so.
I'll go get it for you.
Tunney? Sure, he used
to live here with his mother.
Where is he now? I don't know.
He was here a couple of
days ago with his sister.
They were clearing out the
rest of the old lady's stuff.
Did they go to Florida?
You don't know?
The old lady, she was taking a walk to
the park, maybe three, four months ago.
Broad daylight, kids snatched
her bag, knock her down...
she hit her head, they
left her to die. Scum.
We have a Tunney
on our victims list?
Her name's Waters.
Second marriage.
These kids, what racial
persuasion were they?
Come on, look around.
They weren't Eskimos.
You got the sister's name? Yeah.
(Mary) I begged her to
move somewhere safer...
but she lived in that
apartment 53 years.
The neighborhood was
her life. She wouldn't leave.
My brother-in-law hated it there. He
moved back in with her to protect her.
Have you found the
African-Americans who killed my mother?
That's why we needed
to talk to your brother.
What can he tell you
you don't already know?
Well, we might have
missed something before.
He's on West End Avenue, 1410.
What?
(Logan) She knew we
weren't there about the mother.
(Briscoe) Well, the husband
didn't know. Or he didn't care.
You wanna call for backup?
No, let's just do it.
And get a 12-gauge hello?
Hey. Cap, bag. Close enough.
Arthur Tunney? Yeah?
All right, get your hands up on the
roof. Spread your legs. Don't move!
Wheeling out the welcome
wagon again, Artie?
It's number four, I think.
Take your time, Mrs. Whitney.
She made her call.
Yes, it's four. I think.
Thank you, Mrs. Whitney. Come
on, Mrs. Whitney. Right this way.
(Logan) Mr. Montoya,
step right up.
Mr. Montoya, I want you to look
at these people very carefully.
(Montoya) Number three.
Or one. Definitely three or one.
Good choices. I'll take
my client home now.
He's got one more audition.
(Logan) Number one:
(man #1) How do you
like the neighborhood?
Number two:
(man #2) How do you
like the neighborhood?
Number three:
(Tunney) How do you
like the neighborhood?
Play that one again.
[tape rewinding]
Number three:
How do you like
the neighborhood?
That's it. That's him.
That's the man that shot me.
So, I have a shotgun.
Ever hear of the Constitution?
The right to bear arms?
Does the Constitution give
you the right to shoot people?
Black people?
Well, as a matter of fact,
the Constitution says...
they're only worth
three-fifths of a white man.
Mr. Tunney, I advise
you to remain silent.
It's okay, we're talking
about the Constitution.
Article One, Section Three. Look
it up. That article's been amended.
Progress.
It's not always a good thing.
And the old neighborhood really
went to hell with itself, didn't it?
Yes, it did. And I don't see you
people doing anything about it.
And so you decided to do
some cleaning up on your own.
When I said "you people," I was talking
about the white lackey power structure.
I didn't mean you people.
You people have done plenty.
Made the neighborhood
a wonderful place...
if you like living in Nairobi
or wherever it is you're from.
I'm from Brooklyn, Mr. Tunney.
You've done a
nice job there, too.
Mr. Tunney, this isn't
doing you any good.
You are, Miss Levinson?
Your public defender advice is
worth everything I'm paying for it.
I will be dispensing
with your services soon.
What are you gonna do, Tunney?
Get a lawyer in a white sheet?
Don't you see what's
happening in this country?
Don't you want to see?
(clerk) "Docket number
87345, People v. Arthur Tunney.
"Three counts of murder
in the second degree...
"one count of attempted
murder in the second degree."
I see a defendant.
Do I see an attorney?
Your Honor, I've just been engaged
to take over Mr. Tunney's defense.
Always a pleasure,
Mr. McCoy. Mutual, Judge.
Not guilty.
On all counts, I
assume. Miss Kincaid?
In view of the heinous nature
of the crimes, Your Honor...
the People request that
Mr. Tunney be held without bail.
However heinous the
crime, Mr. Tunney is not.
He has a job, he has
roots in the community...
the police have overreacted
to public outrage...
by precipitously
arresting an innocent man.
(Pongracic) If you wanna
argue the evidence, Mr. McCoy...
write me a brief.
Defendant remanded without bail.
You're not concerned?
He wasn't off the bus at Rikers 20
minutes, and he's viciously stabbed.
A vicious, superficial cut.
And he's under very good
guard at the prison hospital.
While every young blood in
the yard is sharpening his spoon.
He'll be protected.
The only way to assure that is to drop
your opposition to my motion for bail.
Then he'd be safe and nobody
else would. If he's your killer.
I've seen stronger evidence
that Eisenhower was a communist.
Please, you're not gonna
take a chance with this guy.
He's out killing
innocent people.
In the eyes of the law, I believe
Mr. Tunney is an innocent person.
Unless you've already had a trial
and convicted him without inviting me.
No, Horace. We wouldn't think of
having a trial without inviting you.
Horace McCoy is a member of
the Harlem Defense League...
now he's defending
a racist killer?
Yeah, well, someday a rapist
may be lining up to hire you.
Yeah, but what's in it for him?
Don't worry about his
motivation. Worry that he can win.
We've got an
eyewitness and a weapon.
We've got an ear-witness
and a generic shotgun.
And we can show a revenge motive.
Two black teenagers killed his mother.
Yeah, wonderful.
First, he gets sympathy, then he
trots out McCoy to show he's not a bigot.
That's why he hired him.
Tunney is running amok.
He's killing innocent people.
You wanna deal him? No,
sir. You've got to convict.
Or every crime victim in the city
launches himself as Captain Vengeance.
But if Tunney casts himself in that
role, maybe he's proud of what he did.
He brags to the world
about it, hangs himself.
You think we can get him
to take the stand? Ask him.
(McCoy) Unless you're
offering your services...
as Mr. Tunney's bodyguard...
I don't see the reasons
for this meeting.
I took another look
at your evidence.
Based on your
ballistics report alone...
you should have indicted half
the duck hunters in the state.
Well, Horace, we have
looked at the evidence...
and we think there's
extenuating circumstances.
The brutal death of
your mother, Mr. Tunney.
They got her. Not another word.
Used to be a nice
neighborhood, until these people...
You ever hear of the
Sixth Amendment?
Mr. Tunney has a right to counsel.
He also has a right to be heard.
Don't you love watching
a black lawyer at work?
It's a marvel of
nature, like a platypus.
Platypus? That's a big word. You
know, you don't sound so dumb.
I'm surprised you haven't
noticed Stone is here to trick you.
I was smart enough to
hire you, wasn't I, Horace?
[pager beeping]
I better take it.
Going to protect the rights of
another oppressed black man?
Tunney! You gotta listen to
me or I'm out that door! Sit!
[door alarm buzzes]
You have no qualms
about this, Horace?
You mean, why didn't I
stay above 110th Street...
where I belong? That's not
what I mean, and you know it.
Do you ask white lawyers
if they have qualms...
when they defend a black man
accused of killing white people?
If it's a question of principle and
the defense being railroaded, no.
How about a man being entitled
to the best possible defense?
The Tunneys can
afford a flashy lawyer.
Precisely. And
they got a good one.
I'm not questioning your
ability. You're a great lawyer.
You know that. I know that. I
want the whole city to know that.
Is that what this is all about? Some
high-profile form of advertising?
You mean, I might get my name on the short
list of trial lawyers for wealthy clients?
Put up there with Haines
and Spence and Cutler?
When they made their
names defending killers...
did you ask about
their consciences?
The call was from Van Buren.
Another shotgun killing
on the upper West Side.
The victim was black.
But he was fooling around
with his cousin's girlfriend...
the cousin had a
temper and the shotgun.
Don't tell me. The
police can't find them.
Terrific. It's a copycat...
and McCoy'll use him at the bail hearing
to prove that we have the wrong guy.
Don't worry, I'm prepped.
For Judge Pongracic? That
woman? She's very unpredictable.
If only she could hear Tunney
talk about them and platypuses.
Or the jury could.
He must have sounded off to someone
who could help us establish motive.
Briscoe and Logan said that
his sister wasn't surprised...
that they were looking
for him, so check her out.
Maybe we both want
something, Miss Kincaid.
I want to keep a dangerous
killer off the streets.
Dangerous killer.
Funny way to hear your
little brother described.
I remember how he cried if I used
to blow his birthday candles out.
How about more recently?
Will you testify about what your
brother said about black people?
What he did about black people?
My brother'll die if
he goes to prison.
Now, maybe Arthur said
things to me I don't remember.
Unless I have a reason to.
There's an isolation unit at
Dannemora, we can promise you...
He needs help. He belongs in
a mental hospital, not a prison.
He's not legally insane. Not even
his lawyer is claiming that he is.
Then I can't help you.
She knows he's guilty
but she won't cooperate.
It was her mother,
too. She's angry.
Adam, if my brother was spraying
pedestrians with a
shotgun, I'd turn him in.
Would you? Yes, sir.
If she's protecting him, why
didn't she call to warn him...
after the police
left her apartment?
Briscoe and Logan drove
50 blocks to Tunney's place...
but he didn't leave
until after they got there.
But when they got there,
the gun wasn't loaded...
and there were no
shells in the bag.
He wasn't taking
it in for repairs.
He was trying to dump it?
Get the sister's phone records.
[clock bell tolling]
The Bradleys' LUDs.
There's a call to Tunney 20 minutes after
Briscoe and Logan walked out of there.
Twenty minutes.
No wonder he was still
around when the cops got there.
The sister's rock solid behind
him. She wouldn't delay.
But she wasn't
the only one there.
What, her husband tried to talk
her out of it? He's the weak link?
We've got to hope
there's one somewhere.
Now it's a crime
to call your brother?
(Kincaid) It is if you told him
to get rid of evidence, yes.
You could be charged with
hindering prosecution, Mrs. Bradley.
(McCoy) Go ahead,
slap her wrists, Mr. Stone.
I'll slap back harder with
a charge of harassment.
Don't threaten me, Horace.
You're here as a courtesy.
(Mary) He's our lawyer.
Not for long, if your brother's
interests and yours diverge.
My brother and I
are on the same side.
Do you want to
share a cell with him?
Mr. Bradley, how eager
are you to be indicted?
Me? Yes, it's your phone, too.
We can assume action in common.
Unless, of course, you tried
to prevent her from calling.
You don't have to
listen to this. Let's go.
Mary. We'll discuss it outside.
So we go with what we've
got. The family's standing firm.
Defend thy brother though
he shoot thy neighbor.
We still have a
victim's testimony.
And the motive's a lock,
Tunney's a raving racist.
Racism's in style these days.
There was a dinner at
the East Side Sunday night.
This woman next to me
starts telling this coon joke.
How could anyone
today find that funny?
People are saying things I'd have
been embarrassed to think 10 years ago.
Unemployment, crime. People
make scapegoats out of minorities.
Average white male, he's
more likely to be attacked...
by his wife than
by a black mugger.
Subsequent to placing Mr. Tunney
under arrest, we searched his apartment.
And is this the literature
that you found there?
In his bedroom.
Please read the
highlighted paragraph.
(McCoy) Objection.
Surely, what an American citizen
reads cannot be subject to police inquiry.
It goes to motive, Your
Honor, and state of mind.
And it goes against
the First Amendment.
Overruled. But keep
it on point, Mr. Stone.
"So-called Africans,
truly called mud people...
"diverged from Homo
sapiens ages ago.
"They are not human, and hunting
them is as natural as hunting raccoons."
(Stone) Right. Thank you.
It's my understanding that...
the police first expressed
interest in Mr. Tunney...
because his name was on the
mailing list of the... What was it?
White Power Party.
Is that correct? Yes.
How many people in the
five boroughs are on that list...
and other similar lists
you consulted? About 700.
Can you tell us where each one of them
was the day that Hector Duvall was shot?
Can you tell us where they were
the day Ashita Khan was shot?
Mr. Tunney had a sawed-off
shotgun and a strong motive.
I understand.
Where was Mitchell Pergament,
the night Lionel Jackson was shot?
Your Honor, objection.
Is this a name on the list...
and is he going to ask
about every one of them?
Mitchell Pergament's
brother was killed...
by a black mugger
on Dyckman Street...
eight days before Mr. Tunney's
mother was murdered.
I assume you have a number of
other grieving relatives to inquire about?
Fifty or sixty.
What do you say you boil it down
to a single question, Mr. McCoy?
Detective, did you
investigate every one...
of the 750 New Yorkers who
had the same alleged motive...
or state of mind
as the defendant?
We didn't need to. We
already had the killer.
You made that assumption and that
is where your investigation stopped.
It was double-barreled.
Side by side.
When I saw those two holes pointing
at me, I tried to get the hell away.
Mr. Jackson, are you certain
that the voice of the gunman...
was the same as the voice of
the defendant, Arthur Tunney?
He's the one.
Thank you. Your witness.
You did not see the face
of the man who shot you?
He was his size, his build.
Then for all you know, it
might have been this man.
No, he's shorter. I can tell.
If Mr. McCoy would like the two
gentlemen to stand next to each other...
and be measured, the
People have no objection.
How old are you, Mr. Jackson?
Seventy-two. But
perfect hearing.
On the night you were shot, you
were unconscious for two hours.
You lost half the blood in your
body. You had major surgery.
Now, through all that trauma...
you don't have the slightest bit of
normal doubt that you could remember...
or distinguish a voice
you'd never heard before?
I remember the voice...
of the first white man that
told me not to come in his store.
I remember the
voice of the doctor...
who told me I had a healthy son.
And I remember the voice of the
man who took out a gun and shot me.
(Stone) I'm glad Lionel
Jackson was on our side.
He could teach a course
on how to testify as a witness.
How good a
witness is Dr. Olivet?
She's terrific. But
not on this case.
If they don't want to bring up
Tunney's psychology, neither do I.
Why do you ask?
McCoy's witness list is
out. He's calling Olivet.
And he's subpoenaed
every note and record...
concerning the development
of the serial killer profile.
What?
I knew McCoy was clever,
but this is off the Richter scale.
He can bury us
with this material.
And use our own
expert to turn the shovel.
This psychological
profile of the killer...
was not prepared solely
by you, was it, Dr. Olivet?
It was primarily
compiled by the FBI.
Experts who studied how
many, 200 serial killers?
Something like that.
Who had access to information on
every crime in the United States...
and an entire staff of
distinguished psychiatrists?
Objection, Your Honor. I honestly
don't understand the relevance of this.
I'm just trying to
establish that this profile...
is an authoritative
description of the killer.
But it's a hypothetical description. It
didn't arrest Mr. Tunney, the police did.
Relying on this profile.
Fair enough, Mr. McCoy. But
let's not belabor its bona fides.
(McCoy) Fine.
It says here that the killer would
have spoken of his rage to his wife.
Is Mr. Tunney married?
It says that he would have spoken
to his wife or someone close to him.
Is Mr. Tunney married?
No.
It says here the killer has a
history of feuding with neighbors.
Mr. Tunney has not feuded with
anyone that I've heard of. Have you?
The profile is only a
tool to help investigators.
It guided them right smack
to Ted Bundy, didn't it?
Right smack to Arthur Shawcross?
It was one of many things
that helped investigators...
This profile says that the killer
worked at a succession of menial jobs.
Mr. Tunney owns his own
upholstery business, doesn't he?
So I've been told.
Mr. Tunney fails to
match this profile...
in many significant
aspects, does he not?
And he matches in others.
How many men in New York
City match this profile overall...
more closely than Arthur Tunney?
I couldn't say.
Unfortunately,
neither can the police.
You use the profile when
you're hunting a lunatic...
and McCoy makes it
blow up in your face.
Olivet held him off as
well as she could. Yeah.
He was just grasping at
phrases. It didn't mean anything.
They were just words.
Words is what we do
around here, Miss Kincaid.
Who's McCoy got next?
His ballistics expert.
Ours made the case that the
same gun had shot all four victims...
and that it's one in a million.
And McCoy'll have the jury
believing they grow on trees.
Call him. See what
you can work out.
We're still winning.
The goal, Miss Kincaid, is to
keep Tunney off the streets...
not improve our batting average.
Mr. McCoy, please.
Ben Stone calling.
We don't wanna give him the
whole store. One count, 25-to-life.
That's still murder
two. Will McCoy take it?
One life imprisonment
is better than three, and...
that gives McCoy a partial victory
and Tunney is off the streets, thank God.
I hate to interrupt, sir,
but can we meet at Rikers?
Since when?
I can imagine.
Why the hell wasn't I notified?
Don't gloat, Horace.
No.
No, and you might wanna
warn your neighbors.
[Stone sighs]
Tunney has been out on the
streets since 4:00 this afternoon.
What? Where's our notice?
Some clerk's dog ate it.
I make the rulings, Ben.
I don't deliver the mail.
The bail hearing was a week ago.
You come back from
vacation and drop this on us?
Ruling on motions
is part of my job.
We're just asking
for another hearing.
You know how to do that, send
your notice to defense counsel.
(Stone) There are exigent
circumstances here.
Tunney could be pulling
the trigger while we're talking.
If he's your killer.
Mr. McCoy's motion made the point
that one of these murders was committed...
while Mr. Tunney was
in jail. By a copycat.
And he's not linked to the
killings that Tunney's charged with.
I suggest you take your
argument to the Appellate Division.
Because you won't admit
you made a mistake?
Keep up that tone, Mr. Stone,
and I'll hold you in contempt.
You'll jail me, and you
won't jail a mass murderer?
Ben! I'm sure Judge Rodriguez
will hear an appeal expeditiously.
We don't have time for that. We
can get an order in half an hour.
I used to work for him.
Fine.
Thank you, Your Honor.
(Pongracic) Give her a raise, Ben.
You were about to
walk out of here in cuffs.
If I acted
inappropriately, I'm sorry.
Don't be. You didn't act
inappropriately. And neither did I.
What is inappropriate is a
judge releasing a serial killer.
I'll call Judge Rodriguez.
No. I'll take care of that. You
make sure that the cops find Tunney.
All right?
He's not at home, he's not at the
mother's, he's not at the sister's.
Keep unmarked cars
in front of all of them.
What do we do with him when
we find him? He's out legally.
Let him know he has
company all the time.
Right. If we find him.
The family might
know where he is.
The sister's
standing up for him.
Lennie, you remember the brother-in-law?
He gave up Tunney's address.
He was a little shaky before, even
when Tunney was safely locked up.
How do you think he's sleeping
knowing Tunney's on the prowl?
We'll press him.
Our lawyer's on his way
over. We're not here about...
Mrs. Bradley, we're not here about
any crime that you may have committed.
We're here about your
brother. We've been through this.
We don't know where
the hell he is, Mr. Bradley.
And we don't know
what he's up to.
Even if he is the killer, you
think he's crazy enough...
to do it again during his trial?
What do you think? You
know him better than I do.
How crazy was he when he
shot those innocent people?
(Stone) And how much
crazier is he now that...
he's been stabbed
by a black man in jail?
The case is going against him.
He knows he's about to go
to prison for the rest of his life.
How is he gonna want to spend
his last few hours in the city?
Shopping for souvenirs?
Maybe we ought to tell them.
We got nothing to worry about.
We can't do anything
about what he did before.
He didn't do anything before.
Look, he came by here, upset
after the first two shootings.
He was talking crazy. Shut up!
My mother-in-law's things
are in a storage locker.
Arthur was in and out
of there all the time.
I don't know Arthur killed
anybody. Mary doesn't know Arthur...
My mother-in-law said she'd
move out of that neighborhood...
if she could live with us.
I said okay, but Mary said no. She
said her mother would drive her crazy.
The key, Mr. Bradley?
My father-in-law was a hunter.
He owned two or three shotguns.
Look at this.
That's my mother-in-law.
12-gauge shotgun shells.
(Briscoe) Very artistic.
Most people use flowers.
Hey, Lennie, check it out.
Sawed-off, double-barrel.
This is from the gun
we found on Tunney.
You didn't know, Mr. Bradley?
I haven't been here in months.
Wait a minute. Single-barrel.
Fresh filings.
This was sawed off today.
We've got 18 cars out, 40
officers on foot. So far, nothing.
We're not invisible.
Maybe he takes his act 10 blocks
uptown, 10 blocks downtown.
[woman shrieking]
Get him! My bag! He took my bag!
Hold it! Hold it!
You're kidding.
I don't have time for
you. I ain't do nothing.
Radio call. Man down
at 1215, West 105.
[police sirens wailing]
How's he doing? He'll be
okay. The bus is sent for.
Where'd the shooter go? There.
(cop) He's dead.
(Logan) It's Tunney.
(Briscoe) Suicide?
With his own gun?
(cop) No, this one.
Took it off her. This girl?
My father all right?
(Logan) He's gonna be okay.
We were coming from the
bus. That guy shot at us.
This used to be a
nice neighborhood.