Law & Order (1990–2010): Season 7, Episode 19 - Double Down - full transcript

The police pull out all the stops when an off-duty police officers is killed trying to stop an armed robbery at a liquor store. The perpetrators were unable to use their escape car - a delivery truck had boxed it in - they hijacked a cab and its driver, Mitchell Titus. They manage to arrest one of the armed robbers, Henry Harp and he offers to tell them where Titus is being held in return for a plea deal. ADA McCoy decides to go ahead with the deal after the police are unable to locate the kidnapped man. When they find Titus dead, they realize he was likely dead when Harp offered to make the deal. DA Schiff tells McCoy to throw out the deal and pursue murder charges but it's not going to be easy to convince a judge.

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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.

(HORN HONKING)

Hey, move this thing down.

It's parked in a loading zone.

Move your damn truck
and I'll park somewhere else.

Right. In a minute.

(ALARM RINGING)
No, move it now. Damn!



Watch it!

What the hell happened?
Let's get out of here!

Drop the gun!

(SIREN BLARING)

We're still sorting things out.

We've got one DOA.
This guy was working in the store.

That guy got into an argument

with the getaway
driver we think.

This the guy who robbed you?

I don't know.
He was wearing a mask.

Anybody find a mask?

It was unbelievable.
I went in to buy a bottle of vodka.

Yeah, he got $1,200.
He cleaned out the register.

Is this the guy?



I don't know who it was.
I almost peed myself.

It wasn't the dead guy.
He tried to stop them.

Them?
There was more than one?

Mr. Corcoran here
blocked in the getaway car.

Now, patrol ran the plates.
They were stolen off a Cadillac in the Bronx.

Did you get
a good look at the guy?

I didn't really look at him.
He started hassling me.

I didn't want to give
him the satisfaction.

Well, the guy in
the store was short.

He pointed the gun right at me.

He made me give him everything.

They both ran that way.
This fellow started shooting at them.

What, he was shooting at them
and you were watching them?

It was wild, man.
I ran after them part way,

and they got into
a car that was driving by.

Had livery plates on it.

What, a taxi?

No, must've been a car service.
It was black.

What kind of car?

I'm not really sure.

.38 special?

Yeah.

He got off all five rounds.

Let me see that.

Look at the wear
pattern on the bluing.

It's been sliding in
and out of a holster.

Check his jacket pocket.

I'm still working this side.
Check it.

CURTIS: What do you got?

Officer Russell Schaeffer.

His shift was over.
He was going home.

Officer Schaeffer was
a 23-year veteran.

He leaves a widow
and four children.

The COP SHOT reward program
is automatically in effect.

Veronica will screen the tips.

Every nut case in town who
likes the sound of $10,000.

Cardinas, check hospital
reports on gunshot wounds.

There were a lot of bullets
flying around that store.

Store video's got nothing.
The canvass team found another witness

who saw the perps get in a
car with livery plates.

No car service
name on the side.

Conflicting opinions
as to make and color.

You and Brendenbach
call car services.

Find out who picked up
two masked men waving guns.

Records traced the VIN number of
the car they left at the scene.

It's registered to a Rodolfo Rodriguez.
Columbus and 109.

And he likes to drive it
around with stolen plates?

Stolen everything.
He's got two burglary convictions.

Ours.

Police! Search warrant!

Hey, Rodolfo.

BRISCOE: Good morning!

(CLATTERING)

Rise and shine.
And keep your hands where I can see them!

What's this?
What'd I do?

You tell us, Rodolfo.
Where were you at noon?

Here, with Sylvia.
Why? What happened at noon?

Your car was used by
somebody who killed a cop.

Car?

Hey, hey!

Oh, damn it, man.
My car was parked right there!

You're saying it was stolen?

It's not there.
Of course it was stolen.

Why, did you find it?
Next to a dead cop, Rodolfo.

You paying attention?

Yo, I didn't kill nobody, man.
I want my car back.

(CELL PHONE RINGING) Yeah, we can
have a nice long chat about that.

Curtis.

Yeah, thanks.
Profaci got a hit on that car service.

All right, take him in.
And Sleeping Beauty, too.

All right, come on, let's go.
Bring your pants and your wallet.

Old man named Baeza.
Must be 90.

We give him a ride to his
doctor every Tuesday at 12:30.

Medicaid pays.

So what happened today?

He missed his appointment, that's what.
My driver didn't show up.

First time ever.
I called his wife, she ain't got a clue.

This driver,
has he been with you long?

Mitchell Titus. Four years.
Always dependable.

You know where he was at noon?

He was dropping
Miss Dimassian off

at First Avenue
and 12th Street.

Three blocks from
the liquor store.

Did he call in?
Tell you he was picking up another fare?

Oh, we don't take street hails.

Anyway, he was headed
to pick up Mr. Baeza.

You think something might
have happened to Mitchell?

Can you give us
a description of his car?

Yeah, sure.

They kept the car and
they kept the driver.

We've got 12,000 police officers
looking for that car right now.

Yeah, and I bet they're gonna find
Mitchell Titus' body in that trunk.

Lieutenant Van Buren,
I'm Ruth Titus.

My husband's boss
said he was kidnapped.

We're not sure what happened
to him, Mrs. Titus.

He didn't call me.
He didn't go back to work. Where is he?

We don't know.

He has a heart condition.
He has no business working.

But we can't live
on his disability.

Mrs. Titus, every police officer in
New York is looking for his car.

His car? What's
happened to my husband?

Excuse me.

A cop at Port Authority found
something you should see.

Is it about my husband?

Please, Mrs. Titus,
have a seat.

There you go.

I heard you were looking
for possible gunshot wounds.

Okay, it's blood. You sure it
wasn't somebody with a nose bleed?

No, look over there.
The shirt.

Under the left armpit.

Bullet hole.

Plastic wrapper.

Could have bought
a new shirt at an arcade.

To look pretty for
his trip out of town.

How many departure
gates do you have?

Eighty-five.

How many departures
in the last two hours?

Maybe a hundred.

Thanks.

OFFICER: You're welcome.

I hope it took him
a while to freshen up.

MAN ON PA: Passenger Peter Grossinger,
please report to the information booth.

Now departing
from Platform 46,

stopping only
in Philadelphia,

Atlanta, Georgia,
and Miami, Florida.

May I have your attention,
please.

Rey.

Well, I guess we can
alert four different states

to try to stop a hundred buses.

MAN ON PA: May I have your attention, please.
Arriving southbound bus...

Hey, Lennie, I think
even you can catch him.

Police! Put your
hands up. Put them up!

(WOMAN CHATTERING ON PA)

He's barely out of surgery.

He may have been
walking around feeling fine,

but he lost a lot
of blood internally.

Did you send
the bullet to ballistics?

Yes, yes.
Just like you asked.

His personal effects.
Henry Harp.

Home address, two blocks from
where the getaway car was stolen.

He's got priors for armed robbery,
and in his jacket pocket,

$612 in traveling money.

It's really too
soon to talk to him.

Where's Mitchell Titus, Henry?

Who?

The guy whose cab you grabbed.

I don't know what
you're talking about.

Okay, then,
tell us about the bullet.

What bullet?

The bullet Dr. Chang just
dug out of your armpit.

I was shot?

Well, what do you
think you're doing here?

I thought I was sick.
Didn't feel very good.

CURTIS: You didn't know
you were shot?

I felt something when I
walked into the bus station.

I thought I pulled a muscle.

So you went out and
bought a new shirt

because you were bleeding
from a pulled muscle?

I didn't buy any shirt.

It must've been a stray bullet.

Eight million people
in New York City,

and a stray bullet
happens to hit

a convicted armed
robber who's on his way

out of town with
a pocket full of cash,

and it doesn't even
make a hole in his shirt.

Where's your partner, Henry?

What partner?
I won that money in a card game.

Where? With who?

(KNOCKING AT DOOR) Ask my lawyer.
I want a lawyer.

Lieutenant, guess what?
He wants a lawyer.

He's gonna need one.

I talked to ballistics.

The bullet they pulled out of
this guy must've been a ricochet.

It's all smashed up.

No way to match it
to anyone's gun or the crime.

So what's he need a lawyer for?

Sue the doctor for malpractice?

Mrs. Titus has
called me every hour.

There's no sign of
her husband or his car.

This guy would know.

We don't even have
enough to arrest.

He didn't read
the ballistics report.

That bullet you got in you came
from the dead officer's gun, Henry.

You killed a cop.
Or your partner did.

Either way, it hangs on you.

I've advised my client to
exercise his right not to speak.

CURTIS: Okay,
so the floor is mine.

Henry, you know what happens
to a cop killer?

They strap you down.
They stick a needle in your arm.

It doesn't feel
like a pulled muscle.

It's not murder one unless he
knew it was a police officer.

I'm speaking hypothetically.

We've got witnesses who say the
police officer identified himself.

He's still not talking,
but you all are.

I think you're
trying to say something.

Where's Mitchell Titus?

I want to talk to her.

Witnesses who heard
him identify himself?

I think maybe I heard it.

We need a D.A. Down here.

First of all, even if he
took part in the robbery,

he is not the one who shot Officer Schaeffer.
His accomplice did.

You got me down
here for an "even if"?

No, for a deal.

Mr. Harp might be prepared to tell
you where to find Mitchell Titus.

Alive or dead?

The last he saw him,
he was alive.

He'd seen the faces of Mr.
Harp and his accomplice.

They tied him up to give themselves
time to get out of town.

You did find Mr. Harp
at the bus station.

What was he gonna do, call us from Detroit
and tell us where to find the cabbie?

Yeah.
Who's his accomplice?

Anything you want to know, Ms.
Ross, as soon as you sign this.

"This contract is to put down in
writing the agreement between

"the District Attorney's
Office and Henry H. Harp"?

He dictated it to me.

"In exchange for information about
the location of Mitchell Titus,

"Henry H. Harp will plead
guilty to manslaughter

"for all crimes related to the
incidents at Red Star Liquor Store

"and be sentenced to no more than 10 years
in jail if Mitchell Titus is found alive.

"If found dead..."

Fifteen years.

Fifteen years for
killing a police officer?

You want to find that cabbie
before he croaks?

It's in your best
interest that we do.

Mine?

I'm in a hospital.

It's that driver
that doesn't have

the pretty nurses
to take care of him.

Yeah, because he's dead.

Do we need him in here?

No, you just need
this lying sack of...

Detective.

Counselor, can we talk?

Keep it under control.

Fine. Mitchell Titus is dead.

We can't just assume that.

Why not?

We assume the sun is gonna come
up tomorrow morning, right?

Same odds.

This has to go to McCoy.

Then so do we.

This is your night
to catch major cases.

This is a bad one, Jack.

"Fifteen years
if found dead."

You'd make a very
sympathetic judge.

He says he left Titus alive
but looking unhealthy.

He's a robber and a
murderer and a liar.

Detective Briscoe wants to make
sure you understand his position.

And mine.

What do you think, Lieutenant?

We don't know that
Mitchell Titus is dead.

With all due respect,
Lieutenant,

maybe you spent a little too
much time talking to Mrs. Titus.

And maybe you
didn't spend enough.

If we don't make the deal and her
husband dies in the meantime,

we don't look very good, do we?

You're worried about publicity?

We haven't even had time
to look for this guy.

How many hours ago
was Titus snatched?

Fourteen. Just after noon.

2:00 a.m. Justice, not
always conducive to wisdom.

Jamie?

I think the driver's
probably dead.

Probably.

This guy killed a cop.

I know.

We'll make the deal. At noon.
You have 10 hours.

(DOOR BUZZING)

Cut a deal with a cop killer?

They think that's gonna
play in the tabloids?

Lawyers' games, Rey.

They cover their ass and run
both ends against the middle.

And make us play
against the clock.

So you think
Henry really stashed

his hostage in
his own apartment?

You got a better
place to start?

Hey, you guys
know what time it is?

Yeah. Open the door.

What did he do?

Robbed a liquor store
with one of his friends.

What friends?

When's the last
time you saw him?

He owes three months rent.
He makes sure I don't see him.

Either he doesn't stay here,
or he doesn't drink his milk.

I'll tell you what.
You see anybody come in here or go out,

call this number.

We'll let ourselves out.

He did city time on a robbery
plea three years ago.

There's gotta be some
kind of probation report.

Jobs, family, associates.

Be nice to get a hold of that,
but it's confidential by law.

In this case,
I'll make an exception.

CURTIS: There's no windows in here, right?
STAN: Right.

The 93's are down
there on the left.

They can can my
ass for this, Lennie.

Hey, it's God's work, Stan.

You gonna explain this to Carol

when they take away my pension?

Indictment 1-1-6-2, right?

Yeah.

There we go.

There's an address for his
job and for his mother.

Forget his job.
He can't make the rent.

5:15.

Good morning, America.

DENNIS: What? Who is it?

Police. Open up.

You got ID?

Yeah. Open the door.

CURTIS: Down on the floor!
Put the gun down! Lie down!

You got a permit for this?

DENNIS: I didn't know
you were cops.

WOMAN: Dennis? Dennis?

It's my mother.

What are you doing?

We're detectives, ma'am. We need some
information about your other son, Henry.

Has he been staying here?

Don't say anything, Ma.

Hey, you want to get taken in
for illegal possession?

What, in my own house?
It's a misdemeanor.

Some kind of
lawyer here, Lennie.

Hey, why don't you
take him outside?

Show him how much
we like lawyers tonight, huh?

Where are you taking him?

No, Henry hasn't
been staying here.

Then where?

Look, we got this boy for
possession of a loaded weapon.

He protects me when I'm doing my shopping.
This is a bad block.

Oh, he takes the gun outside?
That's a Class A felony, seven years.

Because of what I said?

DENNIS: Don't tell
them anything!

Just tell us where Henry stays,

and we can forget about
where we found the gun.

He has a son, with a Cuban girl.
She lives on Amsterdam.

I should've known.

Yeah, maybe you should've.

He's been helping manage Ricky's
Little League team, you know,

like a normal human being.
Ricky, go back to bed.

But it's morning.
Did I ask you what time it was?

BRISCOE: So, you saw
Henry yesterday?

He called, in the afternoon.

He said he needed
to borrow my car

to pick up some
equipment for the team.

He called?

He has a key. He wanted to
know where I had parked it.

I work for a catering service.

I had to be at some lady's
house in Westchester by 4:00.

He swore he'd have
it back in 20 minutes.

So you haven't seen him
or the car since then, huh?

No. He was back
in 20 minutes.

He knew I'd kill
him if he wasn't.

CURTIS: Where's the car now?

Anything?
No Mitchell Titus.

I had some trays in here.

Yeah, they're in the back seat.

We're gonna have to
call in a forensics team

and have them go over this car.

I gotta get to
a job in an hour.

Not in this car, you're not.

I could get fired.

Maybe we can
voucher you a taxi.

Listen, Henry was with somebody
at the liquor store yesterday.

Short, and he had a gun.

Henry's been hanging out
with some guy named Novak.

Short and stupid.

I'm going back to Westchester.

Do it.

OFFICER: One, two...

Police!
Clear.

Nobody.

All right, we're still
waiting for a warrant,

so don't open any drawers not
big enough to hold a hostage.

CURTIS: No messages.

CURTIS: Lennie.

Nine millimeter.
Same as the slug

they dug out of
Officer Schaeffer.

There's no sign
of Titus or Novak,

but Henry borrowed his girlfriend's
car and cleared out the trunk,

like he needed room to put
something in the trunk.

Like Mitchell Titus.
Yeah.

But Henry only had
the car for 20 minutes,

so Titus has got to be in
the neighborhood somewhere.

We got 50 guys out looking.

It's almost 11:00.

Hey, go easy, all right?
We're close.

Look, how about giving us
till the end of the day?

(KNOCK AT DOOR)

No promises.
Keep me posted.

She's still waiting.
You have to see her.

She said you're in charge.
I got a telephone call from a lady

who said she was the lawyer
for a man named Henry Harp.

He's a suspect in your husband's
disappearance, Mrs. Titus.

The police running
the investigation feel

they're getting very
close to your husband.

That lawyer said you could
have my Mitchell now.

You could've had
him last night.

Her client murdered
a police officer.

There's no reason to believe
that anything he says is true.

It might be true.
My husband might be alive,

tied up somewhere wondering why
nobody's coming to help him.

We're doing everything
we can to find him.

You already got the criminal.
He's going to jail no matter what.

That policeman's already dead.
Nothing can help him.

Mrs. Titus, we understand
how hard this is for you.

What if it were your husband?
Or your wife?

What are you people here for?

ADAM: Just got off the phone
with the Daily News.

I got messages from two other
newspapers and six television stations.

I guess Henry Harp's lawyers
have been working the phones.

Ruth Titus is gonna be
all over the 6:00 news

telling the world we don't care
if her husband lives or dies.

It looks like Henry Harp moved

Mitchell Titus in
the trunk of a borrowed car.

If we make a deal with Harp and
he hands us a dead body...

At least we tried.

The police want
a little more time.

They think Titus was dumped near
Harp's girlfriend's apartment.

You gave them till noon.
It's 12:15.

(KNOCK AT DOOR)

The police just found
Mitchell Titus' car.

(SIREN WAILING)

Give me some good news.

Titus's car.

Empty?

Harp must've transferred Mitchell Titus
from this to his girlfriend's car.

If your theory is correct.

Well, our main theory
is still that Titus is dead.

Here.
Now, this looks like blood.

It could be Henry Harp's.
We know he was in this car.

We know he was bleeding.

And we know his
blood type and Titus'

A sample of the stain is on its
way over to the lab right now.

That'll take hours.
It's over.

Don't we need a notary?

No, I'm a witness.

Where is he?

HENRY: So it's all set?

Yeah, you can tell 'em, Henry.

We were all shaken up
by the shooting at the store.

The whole time we were watching
it there was nobody there.

It should've been easy.

ROSS: We?

Me and Novak.

Idiot's probably
in Texas by now.

Panics because
one damn customer walks in.

There was no one else around.

Where is he?

Avenue A. There's a boarded
up building there.

I don't get it, Lennie.

There's no way he got here from his
girlfriend's apartment in 10 minutes.

Maybe he really did go
to get baseball equipment.

Yeah, on the run?
Bleeding?

Hey, some people
really love the game.

BRISCOE: Got him.

Clear for EMS.
He's over here.

Tell them to
finish their smokes.

This one's a job
for the morgue.

BRISCOE: Looks like
he's not in rigor.

Man, if he died
just like an hour ago

while we were
chasing our tails...

Wait.
What if he was in rigor,

and now he's coming out of it?

They start to go
out after 24 hours.

If he's been dead
this whole time...

Yeah.

We'll have to autopsy, but
he took a blow to the head

that could easily be
the cause of death.

When do you think it happened?

Body's cold.

I've got hatched maggots in the mouth and nose.
Rigor's easing up.

Twenty-four hours?

At least.

Congratulations, McCoy.

You just bought the Brooklyn
Bridge from a double murderer.

We don't have to honor the deal.
It's simple contract law.

Contract law.

We were coerced.
An agreement made with a gun to your head

or Mitchell Titus's
head is not enforceable.

Well, coercion is
the least of it.

Titus was dead before Henry
Harp started talking to us,

and Henry Harp knew it.

It was my call, not on you.

I signed the agreement.

Well, she's right.
It's worthless.

Fine. Let's throw it out.

But shouldn't we think
about what happens

the next time somebody's
got a hostage

and wants to make
a deal with the D.A.

They might not think
there's any point.

You're worried about your
reputation among criminals?

We make promises here every
day and we honor them.

Sometimes they save lives.

I can't believe you want
to go through with it.

I don't want to.

Then don't.

JUDGE: Let the record reflect that
this arraignment is taking place

in the hospital
room of Henry Harp,

owing to Mr. Harp's
physical incapacity.

Do you waive the reading
of the rights and charges?

Yes, Judge. We've made an arrangement
with the District Attorney.

The People serve notice of intent
to seek the death penalty.

What?

I gather the death penalty
wasn't part of your arrangement?

We have a written plea agreement
for first degree manslaughter.

The complaint charges
murder in the first degree,

kidnapping in the first degree,
robbery in the first degree.

This is outrageous. Mr.
McCoy signed the agreement himself.

That's very interesting, Ms.
Bell, but not my department.

Now, the complaint meets
statutory requirements.

Enter a plea of not guilty.
So he's arraigned.

What happened? Somebody put iron
in your Cheerios this morning?

Oh, you're talking to me again?

Hey, you do things our way,
we'll talk all you want.

That was the easy part.

Be nice if we had some evidence
to make the charges stick.

Didn't he give you a statement?

Yeah. And we gave him a deal.
Have you come up with any other evidence?

We'll do the best we can.

Fine. Then we'll talk again.

CURTIS: Number Four.

"Move your damn truck and
I'll park somewhere else."

Number Five.

"Move your damn truck and
I'll park somewhere else."

Maybe.

Go ahead, Number Six.

MAN: "Move your damn truck and
I'll park somewhere else."

I don't know, Three or Five.

Do you want to hear them again?

For the third time?

It could be Six.

I'm going to put this down
as a "Not Identified."

Thank you, Mr. Corcoran.

Sorry.

You want to try a visual line-up
with your other witnesses?

They said they
didn't see anything.

Try anyway.

You want to take him with you now?
We're busy.

We just want him to look at
some people in a line-up.

There's no point.
I never saw the guy in the car.

Humor us, okay?
We'll be back in an hour.

I'm supposed to
pay him for an hour?

I've already lost 1,200 bucks
from the hold-up.

This might help you
get some of it back.

And if Mr. Genius there
did what he was supposed to,

I wouldn't have lost
anything to begin with.

When the register's that full, the
cash goes in a box in the back room.

I told you,
I didn't have a chance.

It was non-stop customers
in here that day.

Mr. Oakley, pay him or not,
he's coming with us.

I told you,
I never saw the guy.

I don't care.

Hey, what's that for?

For the money you stole from
that box in the back room.

What are you talking about?

We got one of the robbers,
Marvin.

He told us they watched this
place before they robbed it.

There weren't customers coming in and out.
There weren't any customers.

After the robbery, you stroll into
the back room, pocket what's there,

and you tell your jerk boss
the robbers took it.

No. You know what kind
of trouble you're in?

By taking that money, you just
made yourself part of the robbery

and the two murders
that went with it.

Come on.
It's felony murder.

And do you know what?
It's the law.

Now, you tell us what happened,
and you pay back your boss,

and maybe we let it go.

I already spent some of it.

CURTIS: How much
did you take?

About $600.

We got the final M.E.
Report, too.

Mitchell Titus was
whacked on the head

right after they grabbed his car.
That's what killed him.

Can we link it to Harp?

The only hard evidence we have

against him is
his own statement.

And I assume the police are
pursuing the matter diligently?

Their line-ups
keep coming up empty.

Nobody can find Earl Novak,
Harp's accomplice.

Harp said he was
headed to Texas.

The grand jury
indicted Henry Harp

the way we wanted, murder one.

I know. Bell just dropped
off her motion to dismiss.

She was just waiting
for the indictment

number to stick in the heading.

When we caught Henry Harp,
he had $600 on him.

Now, we assumed
that was half the loot,

that his accomplice
had the other half.

But it was all the loot.

Why would the accomplice
go off empty-handed?

You don't think he was
just being generous?

Well, we were pretty damn sure Harp
moved a body in his girlfriend's car

until we found Mitchell Titus'
body in the wrong part of town.

Maybe we were
looking for the wrong body.

Well, you went through the girlfriend's
neighborhood with half the force,

and you didn't find anybody.

We only had four hours.
I say we look some more.

Yeah, we never did check out
his kid's Little League field.

There's a lot of good
dump spots around there.

VAN BUREN: Go.

And this is
the basis of your motion?

It's a contract, Judge, entered into
between the defendant and Mr. McCoy.

Most plea agreements
aren't even put in writing.

When I signed that paper,

Mr. Harp held out the hope that
Mitchell Titus was still alive,

which he knew to be false.

Look at the language. It deals with
the possibility that Titus was dead.

Is Mr. McCoy claiming
he didn't read it?

He couldn't have been aware that Mr.
Harp murdered Mr. Titus.

Why not? He already knew that Mr.
Harp was involved

in the murder of
Officer Schaeffer.

He knew who he
was dealing with.

A killer turned extortionist.

So you didn't have
to sign, but you did.

A remarkable set of facts.
I'm sure the law is just as interesting.

I'll hear arguments
at 3:00 this afternoon.

Hope that gives
you enough time.

BRISCOE: I was too slow
for a shortstop,

but I always wanted
to be a shortstop.

You know, you could easily swing
up the West Side Highway,

pull off onto the shoulder and
drive your car right up here.

It's a dumper's paradise.
The river. The highway.

The storage sheds.

Detectives! Over here!

Behind the shopping cart.

It looks like Earl Novak.

Bad career move, pal, going
into business with Henry Harp.

JACK: In re Schrotenboer
is directly on point, Your Honor.

The Court of Appeals ruled
that a negotiated agreement

of immunity was unenforceable

when it was made in exchange for the
return of unlawfully taken children.

That was a child
custody matter.

JACK: So what
the court said applies

even more forcefully
in a murder case.

And I quote,

"Mandating the enforcement of an
agreement exacted in these circumstances

"is a perversion, not a
requirement of public policy."

JUDGE SANTOS: I must say, Ms.
Bell, that that appears to be dispositive.

The element of coercion is
stronger and more heinous here.

BELL: I respectfully disagree,
Your Honor.

But if you find for
the People in this matter,

I expect you to suppress as well
the statement Mr. Harp made

after the contract was signed.

Mr. Harp confessed to the
robbery fully and freely.

BELL: In the expectation that he
was getting something for it.

If the District Attorney
reneges on the agreement,

he can't be allowed to benefit from a
statement he gained by making the agreement.

JACK: The agreement was
invalid on its face.

Mr. Harp knew
he was extorting.

But he thought it
would be honored.

He wasn't familiar
with In re Schrotenboer.

Mr. McCoy, this statement,
is it the meat of your case?

It's important, Your Honor.

Well, then, I'll be sporting
here and give you the choice.

You can honor the deal,
keep the statement.

You can junk the deal,
lose the statement with it.

May I have a moment,
Your Honor?

Quickly, Mr. McCoy.

All I have is the statement.
You got anything else?

You're gonna want to kiss us.
We found Earl Novak.

Is he talking?

He's dead.

We found him at the...

Don't tell me. Don't tell me.
Riverside Park.

I've made my decision,
Your Honor.

We're listening.

The People withdraw their opposition
to the motion to dismiss.

We will honor our
contract with Mr. Harp.

What the hell was that?

A bird in the hand, Detective.

Henry Harp goes
away for 15 years.

For killing three people?

I only know of two.
Officer Schaeffer and Mitchell Titus.

We just told you we found the body
of Earl Novak, Harp's accomplice.

Really? I wonder if
Henry Harp killed him.

I don't. We found the body
where Harp was driving around,

in a spot that Harp knew,

and Harp had Novak's share of the
robbery proceeds in his pocket.

You have any
witnesses putting Harp

and Novak together
the day of the murder?

No.
JACK: I do.

Henry Harp.

Because I took his deal,
I get to keep his statement

about robbing that
store with Earl Novak.

And I can use it in
a future proceeding.

For example, a prosecution
for the murder of Earl Novak.

So he walks for killing a cop,

but you nail him for
killing the cop killer?

An irony he gets
to reflect upon

over the next 40
years in Attica.

You're moving to dismiss the
indictment against Henry Harp

for the murder of Earl Novak?

This matter was disposed of.

The District Attorney accepted a plea
arrangement in front of Judge Santos.

There was no mention
of the murder of Earl Novak

in any
part of that negotiation.

The contract said,

"All crimes related to the incidents
at Red Star Liquor Store."

As far as we know, the murder of Mr.
Novak took place hours afterward,

miles from the store.

Now, I'm aware of the history
of your contract, Ms. Bell.

I'm not inclined to interpret it in Mr.
Harp's favor.

Then forget the contract.

The Criminal Procedure Law says related
offenses must be prosecuted simultaneously.

You can't convict Mr. Harp
of one part of a crime,

and then go back and charge
him with another part.

That would be an open invitation
to abuse and harassment.

These circumstances
are extraordinary.

Enforcing that prohibition would be
against the interests of justice.

I'm not aware the legislature
has passed an amendment saying

that the law doesn't apply if
Jack McCoy doesn't like it.

The law does say that subsequent
prosecutions are allowed

if the crimes charged are not part
of the same criminal transaction.

But these are. Look at the definition
of "criminal transaction."

"Two offenses closely linked
in time and circumstance..."

Hours apart, miles away.

"...or closely related
in criminal purpose."

Robbing a liquor store. Killing a friend.
Where's the connection?

Give us a hearing, Your Honor.
Mr. Harp will explain.

I needed $800 to pay my girlfriend's rent.
She was really on my case.

BELL: So you decided
to get it?

Yeah.

I figured a liquor store
was a good place to look.

And I knew that Novak was wacky
enough to go in there with a gun.

Tell us what happened that day.

I picked up Novak.
We stole a car, looked for a liquor store.

Then he went in and
the shooting started.

And after that?

Then it all went crazy.

We grabbed the cab
and dumped the driver.

We weren't sure who'd seen
us, so we ditched the cab

and I borrowed
my girlfriend's car.

Why?

Well, I told Novak we'd use
it to get out of town.

Is that what you were
planning to use it for?

No way.

If I hadn't
gotten it back on time,

my girlfriend would've
reported it stolen.

She's a hard lady.

What did you borrow it for?

To dump Novak
after I killed him.

Why did you want to kill
Mr. Novak?

The take from the liquor
store was less than a grand.

I couldn't split it, he
wouldn't give me his half.

So your objective that day
was to steal $800?

Well, that's what I needed.

And for that purpose,

you robbed a liquor store
and then murdered Earl Novak?

Yeah.

Thank you.

Mr. Harp, you've already
admitted you're a murderer.

Isn't it possible
you're a liar as well?

Not about this.
Why would I?

To avoid prosecution
for the murder of Earl Novak.

You don't believe me,
ask my girlfriend.

She needed the rent.
Ask the landlord.

I told him I'd get it.

He confessed to a murder to avoid
being prosecuted for a murder.

I'm putting this
one in my memoirs.

I talked to the girlfriend and the landlord.
They confirmed his story.

So the murder of the accomplice

is part of the same criminal
transaction as the robbery,

and that case is closed,

and that's terrific.

There is another exception
to the joinder requirement.

If I didn't know he
murdered his accomplice

before I took the plea bargain,
I can still go ahead.

But everybody saw the cops
come into the courtroom

and talk to you right
before you took the deal.

Everybody didn't hear
what they said to me.

Be careful.

He confessed to it, and that
means we can't touch him?

Maybe.

I want to go to law school.
Learn how to turn gold into lead.

There is a logic to it.

This whole thing's been
screwed up since day one,

thanks to you guys.

I can nail Harp for the murder

if I can prove
I didn't know he did it

until after I took
the plea bargain.

We'll have to testify.

But we told you.

What exactly did you
tell me, Detective?

Okay. That's why you
wanted us to shut up.

'Cause you knew it
might come to this.

I went to law school.

I won't commit perjury.

Not even to nail a cop killer?

Come on. He wants us to
put our asses on the line

just to pull his
out of the fire?

No one's asking you
to commit perjury.

Just tell me where to show up.

I spoke to Detectives
Briscoe and Curtis

in the courtroom for
less than a minute.

And what did they tell you?

That they'd found Earl Novak,
and that he was dead.

How did you react?

I was disappointed.

I had hoped Mr. Novak might be
a witness against Mr. Harp.

When I heard he was dead,
that possibility went away,

so I accepted the plea bargain.

At the time, did you have
reason to believe that Mr. Harp

had murdered Mr. Novak?

I didn't even know
that he had been murdered.

I only knew that he was dead.

No more questions.

What did you think, Mr. McCoy?
That he had died of old age?

I didn't know what he died of.

Really?

When violent criminals die right after
committing crimes with violent associates

what do they usually die of?

Objection.

Sustained.

How many years have you
been a prosecutor?

JACK: Twenty-two.

How many cases have you worked

where criminals murdered
their accomplices?

Several.

What did
the detectives tell you

beside the fact
that Novak was dead?

I believe Detective Curtis said

his body had been found
in Riverside Park.

BELL: Near where you'd been looking
for another victim of Henry Harp.

I believe so.

And you are telling
us with a straight face

that you drew no conclusions from
what the detectives told you?

For all I knew, Mr.
Novak fell off a rock into the river.

We told Mr. McCoy he
was dead, that's all.

ROSS: Did you mention
that he was shot?

No.

Did you mention Henry Harp?

No.

Thank you.

Detective Briscoe, didn't somebody
also mention Riverside Park?

Yeah, Riverside Park.

And what else?

Nothing else.
That was it.

Nothing further.

Ms. Ross, do you
have any more witnesses?

No, Your Honor.

Ms. Bell?

Yes, Your Honor.

Since the People haven't seen fit
to call Detective Curtis, I will.

CLERK: Do you solemnly swear to
tell the truth, the whole truth,

and nothing but the truth,
so help you God?

CURTIS: I do.

Detective Curtis,

we've already heard
testimony in this matter

from Detective Briscoe
and Mr. McCoy,

and it's been
remarkably consistent.

Do you have any idea
why that might be?

Because it's the truth.

That's one theory.
Can you think of anything else?

Like what?

Did Mr. McCoy discuss this hearing
with you and your partner?

Yes.

What did he tell you?

That we'd have to testify
about what we told him.

Did he ask you to forget
anything you had told him?

No.

So you are telling me,
you are all telling me,

that two experienced
homicide detectives

rushed into court
to tell Mr. McCoy

about a man who'd been murdered

and never mentioned
that he'd been murdered?

We told him right after.
He was right in the middle of a hearing.

Why not right away? Did you forget?
Are you that sloppy?

Objection.
JUDGE DAVIS: Sustained.

Why didn't you tell him the most
important thing, Detective Curtis?

We might have thought
it was understood.

Understood.

Because that is
the logical inference

for an experienced
prosecutor to draw.

For a detective, yes.
For a prosecutor, I don't know.

In my experience, sometimes
they're not too bright.

There is a whiff
of implausibility.

There are some open questions.

But in the absence
of evidence to the contrary,

I will accept the word
of two police detectives

and an officer of this court.

The motion to dismiss the
indictment against Henry Harp

for the murder of
Earl Novak is denied.

The People may proceed
with the prosecution.

(GAVEL BANGS)

"Whiff of implausibility."
That's being polite.

We whiffed. He reeked.

He's not a model citizen.

I guess that's enough
to make the Judge wink.

I just didn't expect you
to sink to his level.

Gee.

Jamie, how many people
did I kill last week?

HENRY: Hey.

Earl killed the cop and
Earl killed the driver.

I did you a favor
by taking care of him.

We can work out another deal, Jack.
Save you the cost of a trial.

He does hard time
in a maximum security prison

until hell freezes over.

How's that for a deal?

What if I'd testified
you told us to shut up?

It would've hurt.

Yeah.

Well,

at least you got to dodge the
question by calling me an idiot.

Yeah, that helped.