You know, I didn't see him that day. It was a couple of weeks ago. >> That's okay. Do you remember seeing any of these men come out of Dawn Brian's apartment? >> I think maybe number two. >> Number two, step forward. >> There's no hurry, Miss Lee. We have till kingdom come. >> Detective. >> Yeah. You're dangerously close to coaching her once more and this lineup is dead. >> Could be number three. >> Number three, step forward. >> I saw him around in the hall. He was the one. He sold her drugs. >> Thank you, Miss Lee. Here, let me show you how. >> Mom, that doesn't even open up the store, let alone get you a sale. You can't put them there at the time of the murder. Ah, counselor, we have one more dance on our card. A waltz. And your client's going to be doing it in Danamora. >> Ain't none of them. >> Miss Kumz, you barely even looked. Do you want to just take your time? >> I don't see him. I got bad eyes. I'm late for the dentist. Can I go now? >> Yeah. Next time you want to get rid of dealers, call the fire department. Go ahead. >> No weapon, no witness, no motive. And my client has an alibi. >> Yeah. A girl so stoned she thinks the day is 240 hours long. >> You know that waltz my client is going to do it dances him out of here. Now >> Jonah Stark, that room needs a paint job. You need a better suit and your coffee stinks. Praise the Lord. >> Someone going to read this charge. Doc, >> docket number 6864. People v Jonas Stark charges murder in the second degree. >> Miss Bell, does your client have a plea? >> Not guilty. >> Back on the night shift, Charlie. Legal aid must be understaffed again. Tell me about your client. >> Mr. Stark was a dear friend of the victim. He's not likely to flee. >> Mr. Stark skipped bail last time robbery. This is homicide. He might want to miss his trial. Do you have any other objections to a substantial bail? >> Well, your honor has already decided. >> The court's mind is open. Mr. Robinette, >> as your honor notes, Mr. Stark's appearance record is not encouraging. We ask 500,000. >> People's request is granted. Next. >> My client is obstinate. >> Killers often are. >> He won't plead. >> This makes him a two-time loser. A man doing 9 years, but that's a lot better than a conviction 25 to life. He knows. He said he didn't do it. I'm tempted to believe him. >> Well, you have many faults, Sally. Gullible isn't one of them. >> Motive, weapon. A witness who tell the truth on the stand. >> I reminded him. He reminded me she didn't identify him at the lineup. >> Did you remind him as Prince on the gun clip? >> He says it was Dawn Brian's gun. He gave it to her to protect herself. >> I guess it wasn't protection enough. >> He has an alibi and you can shake her till she's a martini. She won't change your mind. 5473 people versus John Curran murder in the second degree. >> Mr. Curran pleads not guilty. People seek high bail, your honor. The crime was violent. The defendant sought to elude capture by lying to the police. The >> victim is Arthur Copinsky. >> I knew Copinsky. >> Perhaps your honor should recuse himself from setting bail in this case. >> If anything, Miss Bell, I'd be biased in favor of your client. >> Your honor, this man is charged with murder. >> Don't worry, counselor. Bail 100,000. >> This won't even get to trial. Mr. Curran was deprived of an attorney at his lineup in interrogation. >> The police have to offer him a lawyer, not force one down his throat. >> I'm sure I know how the police couch their offer. You know how they operate. >> Get off your soap box, Sally. You're blocking the view. >> So, what are you offering? >> A fair trial by a jury of his peers. Well, >> a juryy's going to feel sorry for him. He was swindled by Tapen. He was swindled again by Kapinsky. >> Kapinsky needed to be disbarred, not shot in the head. So, Mr. Curran was angry. >> Yes, very angry. >> Well, you'd seen Mr. Curran angry before, hadn't you, Mrs. Greenfield? >> Yes, I have. I didn't like it then either. >> This is when the nursing home wanted to move his mother to another room. He was sometimes late paying her bill. Well, he got very angry at the director, didn't he? >> I remember. >> Did he kill the director? No, of course not. >> Thank you. >> And how did Mr. Curran sound during his phone calls for Mr. Kapensky the day of the murder? >> He was definitely upset. >> Did he raise his voice? >> He said my boss was a crook and I was a crook, too. >> Why were you a crook? >> I don't know. He was upset. >> What else did he say? >> He said uh he wanted to know what stop we were on the Broadway. Did you receive any other angry phone calls from Mr. Kapinsky that day? >> There was always somebody upset about something. >> Well, you'd heard other clients call Mr. Kapinsky a crook, hadn't you? >> He cut some corners. >> In a typical week, how many angry phone calls would Mr. Kapinsky receive? >> Maybe a dozen. >> That's two or three angry phone calls a day. >> Oh, yeah. At least that. >> Miss Huntley, your company, Empire Gifts, was being sued by Arthur Kapinsky? >> Yes. On behalf of a man named Carl Piselli. >> And the police came to question you during their investigation of Mr. Kapinsky's death. >> Yes. >> Did they indicate to you they had a suspect in the murder? >> Objection, your honor. Relevance. >> If someone other than Mr. Curran killed Arthur Kapinsky, I would say that's highly relevant. If Miss Bell wants to know what the police thought about this case at various points in ancient history, she ought to ask them. >> Now, after they've circled their wagons around Mr. Curran, >> your objection is overruled, Mr. McCoy. If you wish, you can bring on the police to rebut. >> Did the police indicate to you they had a suspect, Miss Huntley? >> Yes. Carl Pelli, >> not John Curran? >> No, they they didn't mention him. >> Did you yourself ever hear Mr. Pelli make any threats against Mr. Kapinsky. >> Yes. He said that Mr. Kapinsky was cheating him by taking his money and not pursuing his case against me. Would you consider Mr. Belli a violent man? >> Two times he came into my showroom and yelled at my staff and smashed things. >> Thank you, Miss Huntley. You don't know anything that would indicate that Mr. Pelli killed Mr. Mr. Kapinsky, do you? >> No. >> And you don't know anything that would indicate that Mr. Curran didn't kill him, >> do you? >> No. >> Thank you, >> Miss Bell. If you have no redirect, we'll recess until tomorrow. >> Still won't give a girl a break, huh? Jack, >> it's all smoke. Sally, the jury won't buy anything. >> I think the jurors start with a very reasonable reluctance to believe anything you say. >> Me personally, >> the system, Jack, gets wrong so often. Which reminds me, it's an addition to my witness list. >> What do you do, Miss Manny? I'm an assistant manager of Security Central Bank, the branch in Inwood, >> where Mr. Curran and his mother maintain checking accounts. >> That's right. He has power of attorney over hers. >> Did you see Mr. Curran the morning of the day Mr. Kapinsky was murdered? >> Yes. He came in and stopped payment on a check his mother had written. >> This check, People's Exhibit 4, made out to Arthur Kapinsky for $3,000. Yes. He said the person had cheated his mother and she didn't want to pay him. >> So Mr. Curran had no reason to kill anyone to retrieve this check. >> It was worthless. >> Mr. Curran knew that? >> Of course. I took care of the paperwork while he waited. No further questions. >> Was Mr. Curran at all upset that this person had cheated his mother? >> Yes, very. >> What did he say? He said the man was dishonest and he ought to be arrested. >> You want me to testify about that phone call against Willard Taff? >> We arrested him for the murder of Arthur Kapinsky. >> Excellent. So, when does my client get out of here? >> In 8 and A3 years after he serves his sentence for manslaughter. >> Well, didn't you just say that Tapen is your killer? >> Curran pulled the trigger. If he doesn't testify against Willard Tapen, Willard Tapen will testify against him. >> That's blackmail. You would go that low. >> Don't you know me by now, Sally? >> I'll do it to get tapping. >> So, what was that all about? >> What was what all about? >> Don't you know me by now? >> Oh, Sally. >> Yeah, Sally. Miss Bell, our opposing council. She was my assistant. >> Don't we need a notary? >> No, I'm a witness. >> Where is he? >> So, it's all set. >> Yeah, you can [music] tell him. Henry, >> we were all shaken up by the shooting [music] in store. Whole time we were watching it, there was nobody there. It should have been easy. We >> me and Novak idiots probably [music] in Texas by now. Panics because one damn customer walks in there with no one else around. >> Where is he? >> Avenue. [music] A there's a boarded up building there. >> 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 wave 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 firstdegree 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. >> 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. >> 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. Corkran. >> Sorry. 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 Schaefer. He knew who he was dealing with. >> The 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 this afternoon. >> Hope that gives you enough time. Court of Appeals ruled that a negotiated agreement of immunity was uninforcable when it was made in exchange for the return of unlawfully taken children. >> That was a child custody matter. >> 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." I must say, Miss Bell, that that appears to be dispositive. The element of coercion is stronger and more heinous here. >> 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. Hart made after the contract was signed. >> Mr. Harp confessed to the robbery fully and freely >> in the expectation that he was getting something for it. If the district attorney renegs on the agreement, he can't be allowed to benefit from a statement he gained by making the agreement. 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 Enry Shrottenbore. >> 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, conjunct the deal, lose the statement with it. May I have a moment, your honor? >> Quickly, Mr. McCoy. >> All I have is to stay. You got anything else? >> You're going to want to kiss us. We found Earl Novak. >> Is he talking? >> He's dead. We found him at the >> Don't tell me. >> Riverside. >> Don't tell me. >> 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. Harper. >> 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. >> I'm aware of the history of your contract, Miss 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. Hart will explain. >> 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? >> 22. How many cases have you worked where criminals murdered their accompllices? >> 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 >> near where you had been looking for another victim of Henry Harp. >> I believe so. And you're 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. >> Did you mention that he was shot? >> No. >> Did you mention Henry Harp? >> No. >> Thank you. Detective Brisco, didn't somebody also mention Riverside Park? >> Yeah, Riverside Park. >> And what else? >> Nothing else. That was it. >> Nothing further. >> Miss Ross, do you have any more witnesses? >> No, your honor. >> Miss Bell? >> Yes, your honor. Since the people haven't seen fit to call Detective Curtis, I will. You solemnly swear to tell the truth, the whole truth, and nothing but the truth. So help you, God. >> I do. >> Detective Curtis, we've already heard testimony in this matter from Detective Brisco 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 discussed 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. >> Sustain. 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. >> Felony murder won't fly. Death didn't occur in furtherance of the crime or immediate flight there from. >> Harding's rape got her pregnant. Her pregnancy caused her death. But how can we argue that that's what Harding intended? >> Leaves us with depraved indifference. No problem showing that Harding knew he ran the risk of getting her pregnant. After that, it's a push. >> Unless he knew the risks of a pregnancy. Wendy's doctor told Mrs. Singer that the miscarriage after the accident was a blessing in disguise. She said she told Harding. >> Notify Harding's lawyer we're amending the charge. >> Murder, too. >> I knew you were tough. I didn't know you were vindictive. Is this because the Russo case fell through? >> No. When Mr. Harding raped Wendy Singer, he killed her. The charge is proportional to the harm. >> There is your sense of justice, Mr. McCoy. And then there's the law. >> The law says that if he acted with disregard to the risk, he can be charged with the consequences. >> Risk requires foreseeability. How could he possibly foresee she'd get pregnant, go into premature labor, and die in childirth? >> He's a trained health care professional. He raped an infirm woman. Your client took his chances. My client changes bed pans. The jury won't buy it. >> They will when they hear from Mrs. Singer. She told Mr. Harding how dangerous it would be for Wendy to carry a child to term. She'll testify to their conversation. >> That's your best evidence. We'll take our chances. The singers lost two things in that car crash. They lost their daughter, Wendy, and they also lost the child she was carrying. >> It's a sad story. What's it got to do with my client? >> It's a story Mr. Harding's heard before. >> I don't know what the hell you're talking about. >> Then I'll finish it for you. In their sorrow and desperation, the singers made a deal with the devil. They paid Mr. Harding to father a grandchild. >> You raped Wendy Singer. You bought a motorcycle. When she became pregnant, you bought a television. >> That's quite a scenario. I think we're done here. >> Fine. I'll try you as a sex fiend who rapes unconscious women. We can splash it all over the papers. >> I'm not like that. >> I'm willing to entertain that possibility. >> Come on, George. >> Wait. It was the mother's idea. [snorts] She paid me 3,000 up front and two more if I did the job. >> You want him to testify to that? You'll have to drop the murder count. >> I'll think about it. >> Credit Singer told [music] us everything. We're going to make a deal with her to testify against you. >> How can you make a deal with her? The whole thing was her idea. >> You could have said no. >> But this is mindboggling. You want to hold my client to a higher standard than Wendy Singer's own mother. >> Your client raped the comeomaosse woman for a motorcycle and a television. Mrs. Singer was driven by her grief and her despair. >> Make her a saint. I'm the one who did her a favor. She came to me. All right. All crying and everything. I told her forget it about 10 times. The lady wore me down. You were able to penetrate her daughter. It can't have been that repulsive to you. I felt sorry for her, you know. I mean, what was I going to do? [music] Heat. Heat. [music]