Law & Order: Trial by Jury (2005) s01e08 Episode Script
Skeleton
[Man Narrating.]
In the criminal justice system all defendants are innocent until proven guilty, either by confession, plea bargain or trial byjury.
This is one of those trials.
What's the latest on Detective Green? Some improvement.
Are we gonna be able to get a statement any time soon? I don't know.
His doctors say there's a chance he may not even remember getting shot.
I really wanna get whoever did this.
Yeah, we all want that.
I'm asking you to make some room for me on this.
It's still my case.
And you're starting another trial next week.
Okay.
I can handle both.
Kibre's freed up.
You know she'd get it done right.
- I don't want- - Let's be realistic.
All right.
I'll bring her up to speed.
It was all routine.
There was no threats, no reason to believe anything like this would happen.
Detective Green was assigned to pick up this witness- Kenny Peluso- at Borgia's request.
They were ambushed on the way back to the car.
Killer walked out and fired three shots.
It's all there in my D.
D.
- 5.
How is Detective Green? [Sighs.]
It's hard to say.
He was back in the O.
R.
Last night.
I'm sorry to hear that.
Well, the shooter was definitely after Peluso.
He was hit by two rounds.
Green only once, even after he drew his gun.
Excuse me.
Detective, we're not done.
Yes, ma'am.
The D.
A.
' s office is gonna have an active role in this investigation.
I want you to work with one of our guys - Hector Salazar.
- Yes, ma'am.
- I agreed to keep you on this case because your lieutenant called Jack McCoy and pushed, but I'm concerned about your bias.
The defense is gonna look for any excuse to find fault with your involvement.
Counselor, we can put together a solid case.
Are we done now, ma'am? [Machines Beeping.]
Well, you have no idea of the crap that I'm going through because of you.
[Chuckles.]
Hey, Joe.
You get the guy? No.
Not yet.
As a matter of fact, I'm at a dead end.
The only witness I have is you.
So, sir, do you remember anything? Hispanic guy.
Uh, late 20s.
Uh, l- I barely got a chance to see him.
You're sure he was gunnin' for Peluso? Mm-hmm.
He rolled up and said, " Yo, Kenny.
' ' Like he knew him? Mmm.
Uh, I wish I could do better for you, man.
No, no, no.
You did good.
I mean, you did good.
Really, really, really good.
Really good.
Pulled Peluso's department file, and I've been working on a couple of leads.
Did you talk to Fontana yet? Guy doesn't return my phone calls, so I spoke to Van Buren.
She said that Green gave a description of the shooter- Hispanic male, 20s.
Guys said, "Yo, Kenny," before firing.
Sounds like he knew him.
He arrested over 60 Hispanics working Vice.
You know, minor stuff.
Nothing jumps out.
Did you talk to his lieutenant yet? Says Peluso was unofficially suspended before he turned his badge in.
Guy took no pension.
That's weird.
Way I hear it, guy got caught with a prostitute.
So you gonna talk to I.
A.
B? I.
A.
B.
Didn't investigate.
Special Victims did.
[Munch.]
Name is Jody Watson.
She was 15 years old, working as a stripper on a phony I.
D.
Doesn't look like she could have fooled anyone.
Except for Peluso, so he says.
He indulged himself with her on a weekly basis.
So how did Special Victims get involved? Jody got busted by a couple of cops grabbing a lunchtime show.
She wanted to beat the charge.
Implicated Peluso on a rape.
You guys gonna make a case? He was suspended pending our investigation.
I.
A.
B.
Got involved.
The girl took off.
Everything fell apart.
Look, I doubtJody Watson was this guy's first indiscretion.
He was a sleazy cop.
Well, what about the shooter? Any connection? Peluso had plenty of friends.
Ask his fellow officers.
I got this.
Good luck with the case.
Thanks.
My pleasure.
Kenny Peluso dead? You made my day.
Me and Peluso were partners about six months.
I couldn't wait to get out of Vice.
I wasn't looking for any side action.
You know the type.
Meanwhile, Peluso was hitting on any female that had a pulse.
First shift that we ever worked, he busted a hooker.
She paid him off with a little favor in the alley.
I stayed in the car.
Read the paper.
I don't think shaking down hookers is what got him killed.
[Salazar.]
Maybe he shook down their pimps.
I don't know.
Yeah, maybe.
We're looking to talk to a male Hispanic in his 20s.
All right, you might want to talk to this guy, Emiliano Ortiz.
Ran a handful of girls.
Nothin' street.
It was all clubs and hotels.
I don't know what it was between them, but it seemed like they might have been doing business together.
Look, I really gotta get back.
Thanks.
Any time.
- Hector Salazar, D.
A.
' s office.
- Joe Fontana.
I think maybe we should check out if Green can make a positive I.
D.
Of Ortiz.
Yeah.
I'll take care of it.
Excuse me.
[Machines Beeping.]
[Fontana.]
We're in no hurry here.
Take your time.
Look it over carefully.
- It could be him.
- [Fontana.]
Good choice.
I'll call Van Buren, see if she has a last known address on him.
He's two months out of Rikers.
His parole officer will probably know.
Who is he? Emiliano Ortiz, a pimp piece of crap.
Him and Peluso did some business.
Lieutenant Van Buren, please.
Joe.
I'm not sure he's the one.
Oh, we'll make sure he's the right guy.
Lieutenant? [Salsa.]
Was Green 100%? Close enough for me.
We can't arrest this guy.
We got no P.
C.
It'd get tossed.
Look.
We're gonna talk to this guy.
Either there's probable cause or there isn't, in which case we'll move on.
Is that all right with you? Now get over there.
[Stops.]
[Man.]
Who is it? [Speaking Spanish.]
Hey, there's water comin'into my room.
Abre la puerta.
- [Groans.]
- Stay down and shut up.
Check this room out.
What the hell are you doin'? You can'tjust barge into my crib like this.
It's clear.
How's the whore business? Why? You need a date? Got some questions to ask you, Emil.
Well, I'm on parole, man.
I don't know nothin'.
You're not too sharp for a guy who's on parole, you know that? We haven't asked you anything yet.
How do you know what you don't know? - All I'm saying is, I'm out of the game.
- Out of the game? Then you got nothin' to worry about, right? We're here on a murder investigation.
Yeah? And what's that got to do with me? Kenny Peluso's murder.
Kenny's dead, huh? Well, I ain't seen that guy in a long time.
A New York City police detective got shot with him.
I'm a little upset about that.
Maybe you can tell.
I don't know anything about it, man.
What do you think we did, just fall out of the sky? You got identified.
That's why we're here.
Now I'm gonna ask you something, and I'm gonna ask you one time, and one time only.
Where's that gun you used in the hit? Hmm? It's under the mattress, man.
[Fontana.]
There's a ballistics match on the gun.
You're through.
We don't need you for anything more.
Tu vida- You're looking at life without the possibility of parole.
Murder of a material witness, attempted murder of a police officer.
Unless you got something that can help you get out from underneath all of this.
We're at that place, Emil.
That's what this is about.
Okay.
I can give you something.
I was paid to do it.
By who? No.
Why don't you get your D.
A.
Down here.
Then maybe I'll remember who.
Look, I read the little rat his rights.
This isn't his first dance.
He didn't ask for a lawyer.
I talked to Kibre.
I'm authorized to put a deal on the table, but I'm not gonna do it without his attorney.
Counselor, he lawyers up, we won't get another peep out ofhim.
And before we give up more than we lose, let me go back there and talk to him, keep workin' on him.
Yeah, you push too hard, we risk having the entire confession thrown out.
We still have the gun evidence.
The case won't work on that alone.
And if the defense argues illegal search- What illegal search? Get Ortiz to our office.
I'll have his lawyer meet us there.
Peluso and me had a- What do you call it? A reciprocal type of relationship, all right? You know, he'd tip me to Vice stings, and I'd let him get with my girls.
He was hanging out at a party I had a while back, and he met this guy I know.
This guy wanted to use my girls for some special videos he made.
Pornographic videos? Yeah, yeah, yeah, but, like, weird stuff, you know? Like kinky sex, B&D, rape fantasies- Like that type of thing, you know? I said no way, but Kenny and him hung out and Kenny got off on that stuff.
You know cops.
So I come home from Rikers.
I needed money.
Kenny wasn't a cop no more.
Wasn't doin' nothin' for me.
So this guy offered me 10 grand to kill him.
Why'd this guy want him dead? He said he'd killed a girl, and Kenny knew about it and was talking to the D.
A.
You still haven't given us the name.
No, no, no.
I talked, now you deal.
Full cooperation and testimony.
If his story checks out, concurrent sentences, 25 to life.
That's the best I can do.
All right.
I want his name, Mr.
Ortiz.
Shane Lucas.
[Branch.]
What do we know about this fellow Lucas? Convictions for pandering, rape and assault.
Released from Attica two years ago.
Paroled? Served his entire sentence.
[Kibre.]
Since he got out he's made an attempt at legitimacy.
- If you can call it that.
- He produces and distributes pornography.
Extreme stuff, like simulated rapes and assaults.
He sells it via mail order in the back of fringe magazines.
I ran the company name byJustice.
They haven't red-flagged it beyond obscenity concerns.
This guy pays his taxes.
So why kill Peluso? Ortiz says Lucas killed a woman.
Peluso knew about it.
Any corroboration beyond Ortiz's testimony? You mean like a dead body? Not yet.
Murder for hire is difficult to prove.
Well, according to Ortiz, Lucas still owes him money for the murder.
We can get him to meet with Lucas and make him wear a wire.
- Risky.
- Suppose we put Salazar with Ortiz? He'd be under constant surveillance.
We'd control the location of the meeting and have police backup.
What would you need from me? I just wanna make sure you've got my back.
You've got it.
Get it done.
Stay on Ortiz.
Make sure he doesn't blow it.
Look, when you're in there, you keep the conversation on the murder of Peluso, okay? Thanks, Chris.
I've done this before.
So when do we move in on him? When Lucas makes an admission of guilt.
Or he pays off Ortiz.
Hector-You okay with this? Yeah.
Let's do it.
[Man.]
We're wired with omnidirectional mikes.
Wherever he goes, we got him.
I need a jury to hear every word.
We're good, as long as no one turns on a faucet or a radio.
[Man On Radio.]
King 5, he's in the lobby, heading for the elevators.
Two minutes out.
Copy that.
King 5.
[Ravell.]
Game time.
He's on his way.
[Ortiz.]
I don't know about this, man.
You know, Shane's kind of smart.
We got plenty of eyes on you, okay? - Yeah, I just don't think it's gonna work.
- You mess it up, it's your ass.
So why don't you focus on that? I'm out of here.
[Radio Chatter.]
Here we go.
Shane, what's up, man? You were supposed to call me two days ago.
Hey, I know.
I'm just laying low.
Who the hell's this? It's cool, man.
That's Hector.
- Hector, meet Shane.
- Told you to come alone.
Yeah, I know, but- Just- What is wrong with you? Yo.
My boy got concerns.
I'm just here to make sure he gets paid, man.
[Ortiz.]
Yeah, man, that's it.
Not that I don't trust you.
Nothin', nothin'.
It's cool.
He's just checking it out.
So listen, I did the kill.
Now where's my money? I don't know what you're talking about.
Yeah, you do.
That guy Peluso's dead like you wanted.
He rushed it.
He's not bitin'.
Think he figured us out? Come on, Hector.
Are you strapped? Hector - Hey, man, can we cut this gangster crap out, please? Let's just settle our business.
What the hell you doin', man? You think I'm wired? Hey.
Just pay him.
Just- Police! Drop the gun! Drop it! Drop it! Drop it! Drop it! Get down.
Down.
You're 5,000 too short.
I want my lawyer.
Damn it.
We got nothing.
He's an ex-felon with a concealed weapon.
The other thing is, Tracey- Lucas didn't bring the money.
I know.
He only had a gun.
Jumped too soon on the arrest, you know that? Danielle Blair.
I'm representing Shane Lucas.
Serious crime.
We're gonna have him remanded at arraignment.
Your key witness is the person responsible for the murder.
He'll testify that Lucas paid him to do it.
You have no corroboration.
Your client has plenty of dirt on him.
Convictions for rape and assault - He hasn't had so much as a speeding ticket in the last two years.
So he's a killer who drives like my mother.
[Lucas.]
They can't tie me to the murder.
At this point they're weak, unless there is some way to trace you to Peluso- phone records, bank statements- Nothin'.
Kenny was paid cash.
Anyone see you together? Some girls who will be hard to track down.
Them and Emil.
Ortiz will be easy to discredit.
Which leaves your arrest.
That sting- No.
I said nothing.
Only thing that jams me up is my gun in that cop's face.
We'll call the sting entrapment.
You felt threatened so you protected yourself.
Against your better judgment you brought a gun.
So we're looking to beat this? Kibre's good.
She'll look under every rock until she finds something she can use against you.
When do I get out of here? Your bail is one million dollars.
You own three apartment buildings.
The one in Greenpoint should cover it.
The other two you sign over to me.
My counsel isn't cheap.
I'll give you the building in Astoria.
The one in Williamsburg you get when I walk out of court.
Like an incentive.
Fair enough.
You always look this good when you visit a place like this? I do for some clients.
Listen.
Until we post bail, expect the D.
A.
To be monitoring your phone calls.
Be careful.
Like I've never been in here before.
I know how it works.
[Buzzer Sounds.]
His name's Desmond McCarron.
Told the guard he had information on Lucas.
Got passed up.
We quietly pulled him out of population this morning.
What's he in for? Forging a Vicodin scrip.
Who's he run with? He runs with anybody- Brotherhood, Netas, you name it.
As long as he can score.
Every jailhouse snitch I ever met was an addict looking for a break.
No.
You help me, I help you.
That's not how it works, Mr.
McCarron.
You proffer the information, I decide what it's worth.
[Salazar.]
You've been in here for three weeks with Shane Lucas.
What do you know? [Sighs.]
I heard Lucas bragging about his case.
Keep goin'.
He says he's gonna skate, right? Except he's worried about some dude talking to the cops.
He thinks this guy's the only way he gets hung up.
- What's the guy's name? - L-I don't remember his name.
- But the guy's a freak.
- What do you mean, "freak"? Lucas said the guy bought some of his pornos.
But, you know, like a repeat customer.
A pervert.
I mean, that's Lucas's thing, right? Did we pull the business records when we searched Lucas's office? Yeah.
All the videos go out mail order.
Guess we could run down some names.
[Gaffney.]
Mr.
Phelps, I can understand your embarrassment, but- I don't know anything about this Shane Lucas person you mentioned.
We checked the phone records.
We know that you spoke to Lucas several times.
We have the dates.
He must have been confirming receipt of some packages he sent.
Kenny Peluso called you too.
I'm not familiar with that name.
Mr.
Peluso was recently murdered, Mr.
Phelps, we believe by Shane Lucas.
A reliable informant says you know why this went down.
Which makes you a material witness.
- You can't be serious.
- Were they extorting money? Blackmailing you? [Chuckles.]
No.
Nothing like that.
If I cooperate, uh, will I have to go to jail? Have you broken the law? Oh, most certainly.
You'll see why Lucas was nervous about Peluso talking to the police.
Phelps paid 50 grand for this- cash.
So Peluso was the go-between in the transaction? Was he still a cop? He had already left the police department and was working a security job, but he wasn't involved in McCoy's case yet.
So it's all fitting within the timeline of the shooting.
I cued it up toward the end.
[Screaming.]
[Gunshot.]
Oh, my God.
So you're sure that this video is for real? Our expert examined it.
He says it's legit.
And we're certain that Lucas was behind it? We have corroboration.
Lucas had Peluso killed to keep him quiet.
So why aren't we indicting for the murder of the girl too? We don't have a body - And we don't know where the crime was committed.
And we can't prove beyond a reasonable doubt that Lucas did the killing.
So you think you can get it in as a prior bad act? It goes to motive, and we can link it to both Peluso and Lucas.
You identify the girl? [Gaffney.]
Stephanie Davis.
She's on the books for drug possession and prostitution.
Been missing for six months.
Her mother's driving down today from Ithaca.
Stephanie ran away when she was 16- almost two years ago.
Her father had walked out on us and I was pulling overtime just to cover the mortgage.
Ms.
Davis, what happened to your daughter had nothing to do with you.
It's not your fault.
She called to say she wanted to come home.
That's when I found out she was living with Lucas.
And she was on drugs.
I could tell.
After a while I stopped expecting to see her on the doorstep, you know? You're absolutely sure that it's her? I called a few months ago, looking for her.
I just felt like she needed me.
Lucas got on the phone and said that she was never coming home again.
[Sobs.]
And now I know, because she's dead.
So they're saying I had Peluso killed over the tape.
It's strong evidence.
If they'd had it at your arraignment, you'd have never made bail.
You know, the girl- Stephanie- She gave the performance of her life.
I'm gonna fight to keep the tape out, but I may not win.
Phelps is gonna testify for them? He'll cut some kind of deal, tie you and Peluso to the tape.
Will they believe him? They might.
It's hard to make him look worse than he does now, for buying a video like that.
So where does that leave me? Probably looking at a conviction.
[Sighs.]
You're honest.
I like that.
You watch the tape? Wasn't really my thing.
Oh.
So what is your thing? It's Molineaux evidence that supports motive in the murder of Kenneth Peluso.
- It has clear probative value.
- The video tape is compelling, Ms.
Blair.
Compelling only in its prejudicial value.
How so? Miss Kibre's insinuating, not proving, my client's culpability.
There's no proof he harmed the woman on that tape, or even knew her, for that matter.
- Let the jury assess its value.
- It's bait and switch.
The murder depicted on that video has not met any burden of proof beyond a reasonable doubt, but the jury certainly will be judging my client on that alleged crime.
Do you have someone that can tie the defendant to the tape? We do.
We also have testimony stating that the defendant had Mr.
Peluso killed in order to silence him about this woman's murder.
Ms.
Blair, you'll have ample time to cross examine the People's witness.
Your Honor - I'll give limiting instructions, but I'm going to let the jury see it.
Video tape's in.
[Ortiz.]
I knew Peluso usually came home from work around 4:00 a.
M, so I figured I'd get him then, but I fell asleep in my car and woke up at 8:00.
Thought I missed my shot.
And that's when you saw Mr.
Peluso and Detective Green come out of the house? Yeah.
Walked right up to Kenny and shot him.
I had to shoot the other guy.
I mean, he saw my face.
I didn't know he was a cop.
Why did the defendant want Mr.
Peluso killed? Well, Lucas said Kenny knew about a murder he'd done - Some girl.
When Lucas found out he was talking to the cops- In fact, he was testifying in another trial, an unrelated case.
Did the defendant mention this to you? [Ortiz.]
Yeah, Lucas didn't know what it was about.
I mean, he was paranoid.
You know? He thought Kenny might tell them about the murder.
So he offered me 10 grand to kill him.
Nothing further.
Why did you kill him? I thought you and Mr.
Peluso were friends.
Friends? No.
No, no, no.
He helped me out, I helped him out.
Strictly business.
Once he stopped being a cop, he wasn't doing nothin' for me.
- So it was an easy decision? - Objection.
[Judge.]
Sustained.
What did you do with the money Mr.
Lucas allegedly paid you? Spent it.
He only paid half of what he owed me.
So the money's gone, and we're just supposed to take your word this payoff actually happened? Did you attempt to collect the rest of the money you say you were owed? The cops set up a sting to get Lucas to pay.
- They wanted to have it on tape.
- Objection.
Sustained.
Did Mr.
Lucas pay you the money for the murder? - No.
- Because he never actually hired you to kill Kenny Peluso.
Objection.
Sustained.
[Blair.]
No further questions.
- [Screaming.]
- [Gasps.]
[Gunshot.]
[Gasps.]
Did the defendant tell you where he'd obtained this video? He said he'd made the film himself.
I was assured of its authenticity, and I paid him quite well for it- $50,000.
How was Kenneth Peluso involved? Mr.
Peluso delivered the videotape and I gave him the money, and that was the only time I ever saw him.
Nothing further.
I think we've had enough for today.
Ms.
Blair, you can cross-examine this witness tomorrow.
Get dressed.
We're going out.
Where? Just do it.
It's 2:00 a.
m.
You'll like it.
I promise.
What are we doing here? Little surprise.
Come on.
You like the unexpected, don't you? What are you worried about, Danielle? We're just meeting somebody.
Meeting who? Apartment 2-F.
Top of the stairs, end of the hall.
Where is your attorney, Mr.
Lucas? I don't know.
She should be here.
Nice of you to show up, counselor.
You're an hour late.
I'm sorry, Your Honor.
It won't happen again.
[Judge.]
Would you like to cross-examine the witness? Actually, I have no questions for Mr.
Phelps.
In that case, the People rest, Your Honor.
Mr.
Phelps, you can step down.
Should I assume, Ms.
Blair, that you're not ready to present the defense? Actually, I am, Your Honor, but I have a last-minute witness to add.
- We object.
- This person only came to my attention last night.
- This is unfair surprise.
- She's a crucial witness to my client's defense.
You'll have time to prepare, Ms.
Kibre.
Call your witness.
The defense calls Stephanie Susan Davis.
[Spectators Murmuring.]
[Bailiff.]
Stephanie Susan Davis.
I love Shane Lucas.
He'd never hurt me.
So you felt safe participating in the film? They showed me the fake blood and the hood.
It was just acting.
Shane paid me almost $8,000.
[Blair.]
Was Mr.
Peluso involved? He was there when we filmed.
Since he was a cop, he had to check the gun to make sure it was okay.
- So you knew Kenny Peluso? - Shane and Kenny were friends.
Shane said he wanted to bring Kenny into the business.
It's real sad, what happened to him.
Lucas was hiding her.
Damn it! He set us up to find that tape.
I'm telling you, we looked everywhere.
This is the kind of screwup that gets A.
D.
A.
' s fired, Kelly.
Don't put this all on me.
We both thought that tape was real.
I'm talking about both of us.
[Indistinct.]
[Elevator Bell Dings.]
Call Salazar.
In my office in an hour.
Well, the case is basically worthless.
Jeopardy's attached.
We don't convict him, that's it.
We're done.
So what's the real reason Lucas had Peluso killed? Could have been business conflict.
Personal beef.
Anything.
But think about the timing.
It happened after Peluso spoke to the police.
It still means that Lucas was scared of something that he'd say, and since Lucas obviously didn't kill Stephanie Davis- Well, maybe he killed somebody else.
I'll reinterview people, see if something pops.
Hey, go to the one witness you didn't talk to- Stephanie Davis.
She was close with Lucas.
She knew Peluso.
Fine.
So you think a jury is gonna convict my client on the testimony of a murderer? I'm sure you saw their faces when they watched that video.
They despise you, Mr.
Lucas.
Most of them probably made up their minds right then that you're guilty.
That changed the second Stephanie Davis walked into court.
Juries don't always rely on facts alone to convict.
What does that mean? You make pornographic material depicting the murder of women.
It's not a big leap to think you'd actually be capable of killing.
Mr.
Ortiz's testimony could seem very credible.
Let's cut the wishful thinking, and talk reality.
We'll plead to the criminal solicitation charge.
Max, three years.
It's a nonstarter.
Man one, 15 years.
We're not here with our hand out.
We are offering you a deal.
I didn't have Kenny Peluso killed, but you know this isn't about that.
Shane, stop.
Why don't you tell us what this is about? You sit and judge what I do.
I'm a businessman.
I do what I do because there's a demand for it - creeps like Phelps.
If people didn't want it, didn't crave it, I'd go do something else.
- Shane.
- I hear your rap all the time.
You're just a repressed bitch.
[Chuckles.]
Well- [Clears Throat.]
You've certainly clarified things for us, Mr.
Lucas.
We'll let the jury decide.
Ms.
Davis, your apartment is rented under a different name.
It's a sublet.
Is that a crime? No, it just makes you a hard girl to find.
Doesn't look like you leave the house much either.
Shane doesn't want me talking to you guys.
Listen, Ms.
Davis- I got it.
I got it.
We don't have much time, so I'm gonna cut right to it.
Now, your boyfriend- pimp, dealer, whatever he is to you- he killed somebody.
Kenny Peluso knew about it, and that's why he got killed too.
That's not true.
I think you know it is.
Did he hurt another girl? Someone like you? I don't know.
Ms.
Davis- You ever go through withdrawal in a jail cell? They said she O.
D.
' d.
She was with Kenny.
He was afraid it would get back to him.
Shane just helped him out.
He said he dumped her inside an emergency room.
It wasn't murder.
- Who was she? - I didn't know her.
She was Peluso's girl? I think her name was Jody.
[Elevator Bell Dings.]
All right, we found out thatJody Watson was a 15-year-old girl Peluso got busted with when he was a cop, and we think he asked Lucas to help him out.
Lucas got rid of her.
The story about dumping her body at a hospital doesn't check out.
Probably told Stephanie Davis that just to cover forJody's murder.
Okay.
Where's the body? We checked all theJane Doe deaths around the time of her disappearance.
You find a murder? Not quite.
It's an accidental death.
Jane Doe died in a car fire, Meadowlands, New Jersey.
Could be someone covering for a murder.
Now we gotta exhume that body.
Go get the order- but do it fast.
Closing arguments are today.
Made the I.
D.
From dental records.
Hell of a guess.
So this is Jody Watson? Can you confirm the cause of death was murder? Well, with the initial autopsy, the tox screen was positive for drugs, and the body was severely burned.
You can understand why they weren't more thorough.
It just looked like a bad D.
U.
I.
That's a bullet? Yeah.
You wouldn't have seen it without an X-ray.
Entered through the base of the skull.
- She was executed.
- You know the caliber? Yeah.
What do you think? 38? What are the odds this bullet matches the gun we found on Lucas? Has the jury reached a verdict? We have, Your Honor.
[Judge.]
On the counts in the indictment, how do you find? We find the defendant not guilty.
[Spectators Murmuring.]
You just picked up another piece of real estate.
Ladies and gentlemen of thejury, thank you for your service.
Mr.
Lucas, you have been found not guilty of these charges.
You are hereby discharged by this court.
We're adjourned.
[Gavel Raps.]
[Blair.]
No surprise.
You should have expected this.
You like the unexpected, don't you? [Laughs.]
Are you Shane Lucas? Do I know you? My name is DetectiveJoe Fontana.
And you're the son of a bitch that got my partner shot.
Maybe you didn't hear the verdict.
I was acquitted.
Excuse us.
We're leaving.
I don't think so, counselor.
This is unfinished business.
Turn around and put your hands behind your back.
What is this? You have no grounds- Turn around.
This is outright harassment.
Shane Lucas, you're under arrest for the murder ofJody Watson.
Who? What's the matter? You didn't get her name before you put a bullet in her skull? Come on.
We kept the car running for you.
You have the right to remain silent.
Anything you do say can and will be used against you- So I tracked down Jody Watson's folks.
Did you tell them? Told them they get to bury their daughter.
Yeah.
She was just a messed up kid.
- She helped us get Lucas.
- Better than rotting in potter's field.
You gonna plead Lucas out this time? [Scoffs.]
Not on your life.
Jury already let him walk once.
That's on me.
Well, you can't retry him for killing Peluso again.
No.
But I can still make him answer for it.
[Howling.]
In the criminal justice system all defendants are innocent until proven guilty, either by confession, plea bargain or trial byjury.
This is one of those trials.
What's the latest on Detective Green? Some improvement.
Are we gonna be able to get a statement any time soon? I don't know.
His doctors say there's a chance he may not even remember getting shot.
I really wanna get whoever did this.
Yeah, we all want that.
I'm asking you to make some room for me on this.
It's still my case.
And you're starting another trial next week.
Okay.
I can handle both.
Kibre's freed up.
You know she'd get it done right.
- I don't want- - Let's be realistic.
All right.
I'll bring her up to speed.
It was all routine.
There was no threats, no reason to believe anything like this would happen.
Detective Green was assigned to pick up this witness- Kenny Peluso- at Borgia's request.
They were ambushed on the way back to the car.
Killer walked out and fired three shots.
It's all there in my D.
D.
- 5.
How is Detective Green? [Sighs.]
It's hard to say.
He was back in the O.
R.
Last night.
I'm sorry to hear that.
Well, the shooter was definitely after Peluso.
He was hit by two rounds.
Green only once, even after he drew his gun.
Excuse me.
Detective, we're not done.
Yes, ma'am.
The D.
A.
' s office is gonna have an active role in this investigation.
I want you to work with one of our guys - Hector Salazar.
- Yes, ma'am.
- I agreed to keep you on this case because your lieutenant called Jack McCoy and pushed, but I'm concerned about your bias.
The defense is gonna look for any excuse to find fault with your involvement.
Counselor, we can put together a solid case.
Are we done now, ma'am? [Machines Beeping.]
Well, you have no idea of the crap that I'm going through because of you.
[Chuckles.]
Hey, Joe.
You get the guy? No.
Not yet.
As a matter of fact, I'm at a dead end.
The only witness I have is you.
So, sir, do you remember anything? Hispanic guy.
Uh, late 20s.
Uh, l- I barely got a chance to see him.
You're sure he was gunnin' for Peluso? Mm-hmm.
He rolled up and said, " Yo, Kenny.
' ' Like he knew him? Mmm.
Uh, I wish I could do better for you, man.
No, no, no.
You did good.
I mean, you did good.
Really, really, really good.
Really good.
Pulled Peluso's department file, and I've been working on a couple of leads.
Did you talk to Fontana yet? Guy doesn't return my phone calls, so I spoke to Van Buren.
She said that Green gave a description of the shooter- Hispanic male, 20s.
Guys said, "Yo, Kenny," before firing.
Sounds like he knew him.
He arrested over 60 Hispanics working Vice.
You know, minor stuff.
Nothing jumps out.
Did you talk to his lieutenant yet? Says Peluso was unofficially suspended before he turned his badge in.
Guy took no pension.
That's weird.
Way I hear it, guy got caught with a prostitute.
So you gonna talk to I.
A.
B? I.
A.
B.
Didn't investigate.
Special Victims did.
[Munch.]
Name is Jody Watson.
She was 15 years old, working as a stripper on a phony I.
D.
Doesn't look like she could have fooled anyone.
Except for Peluso, so he says.
He indulged himself with her on a weekly basis.
So how did Special Victims get involved? Jody got busted by a couple of cops grabbing a lunchtime show.
She wanted to beat the charge.
Implicated Peluso on a rape.
You guys gonna make a case? He was suspended pending our investigation.
I.
A.
B.
Got involved.
The girl took off.
Everything fell apart.
Look, I doubtJody Watson was this guy's first indiscretion.
He was a sleazy cop.
Well, what about the shooter? Any connection? Peluso had plenty of friends.
Ask his fellow officers.
I got this.
Good luck with the case.
Thanks.
My pleasure.
Kenny Peluso dead? You made my day.
Me and Peluso were partners about six months.
I couldn't wait to get out of Vice.
I wasn't looking for any side action.
You know the type.
Meanwhile, Peluso was hitting on any female that had a pulse.
First shift that we ever worked, he busted a hooker.
She paid him off with a little favor in the alley.
I stayed in the car.
Read the paper.
I don't think shaking down hookers is what got him killed.
[Salazar.]
Maybe he shook down their pimps.
I don't know.
Yeah, maybe.
We're looking to talk to a male Hispanic in his 20s.
All right, you might want to talk to this guy, Emiliano Ortiz.
Ran a handful of girls.
Nothin' street.
It was all clubs and hotels.
I don't know what it was between them, but it seemed like they might have been doing business together.
Look, I really gotta get back.
Thanks.
Any time.
- Hector Salazar, D.
A.
' s office.
- Joe Fontana.
I think maybe we should check out if Green can make a positive I.
D.
Of Ortiz.
Yeah.
I'll take care of it.
Excuse me.
[Machines Beeping.]
[Fontana.]
We're in no hurry here.
Take your time.
Look it over carefully.
- It could be him.
- [Fontana.]
Good choice.
I'll call Van Buren, see if she has a last known address on him.
He's two months out of Rikers.
His parole officer will probably know.
Who is he? Emiliano Ortiz, a pimp piece of crap.
Him and Peluso did some business.
Lieutenant Van Buren, please.
Joe.
I'm not sure he's the one.
Oh, we'll make sure he's the right guy.
Lieutenant? [Salsa.]
Was Green 100%? Close enough for me.
We can't arrest this guy.
We got no P.
C.
It'd get tossed.
Look.
We're gonna talk to this guy.
Either there's probable cause or there isn't, in which case we'll move on.
Is that all right with you? Now get over there.
[Stops.]
[Man.]
Who is it? [Speaking Spanish.]
Hey, there's water comin'into my room.
Abre la puerta.
- [Groans.]
- Stay down and shut up.
Check this room out.
What the hell are you doin'? You can'tjust barge into my crib like this.
It's clear.
How's the whore business? Why? You need a date? Got some questions to ask you, Emil.
Well, I'm on parole, man.
I don't know nothin'.
You're not too sharp for a guy who's on parole, you know that? We haven't asked you anything yet.
How do you know what you don't know? - All I'm saying is, I'm out of the game.
- Out of the game? Then you got nothin' to worry about, right? We're here on a murder investigation.
Yeah? And what's that got to do with me? Kenny Peluso's murder.
Kenny's dead, huh? Well, I ain't seen that guy in a long time.
A New York City police detective got shot with him.
I'm a little upset about that.
Maybe you can tell.
I don't know anything about it, man.
What do you think we did, just fall out of the sky? You got identified.
That's why we're here.
Now I'm gonna ask you something, and I'm gonna ask you one time, and one time only.
Where's that gun you used in the hit? Hmm? It's under the mattress, man.
[Fontana.]
There's a ballistics match on the gun.
You're through.
We don't need you for anything more.
Tu vida- You're looking at life without the possibility of parole.
Murder of a material witness, attempted murder of a police officer.
Unless you got something that can help you get out from underneath all of this.
We're at that place, Emil.
That's what this is about.
Okay.
I can give you something.
I was paid to do it.
By who? No.
Why don't you get your D.
A.
Down here.
Then maybe I'll remember who.
Look, I read the little rat his rights.
This isn't his first dance.
He didn't ask for a lawyer.
I talked to Kibre.
I'm authorized to put a deal on the table, but I'm not gonna do it without his attorney.
Counselor, he lawyers up, we won't get another peep out ofhim.
And before we give up more than we lose, let me go back there and talk to him, keep workin' on him.
Yeah, you push too hard, we risk having the entire confession thrown out.
We still have the gun evidence.
The case won't work on that alone.
And if the defense argues illegal search- What illegal search? Get Ortiz to our office.
I'll have his lawyer meet us there.
Peluso and me had a- What do you call it? A reciprocal type of relationship, all right? You know, he'd tip me to Vice stings, and I'd let him get with my girls.
He was hanging out at a party I had a while back, and he met this guy I know.
This guy wanted to use my girls for some special videos he made.
Pornographic videos? Yeah, yeah, yeah, but, like, weird stuff, you know? Like kinky sex, B&D, rape fantasies- Like that type of thing, you know? I said no way, but Kenny and him hung out and Kenny got off on that stuff.
You know cops.
So I come home from Rikers.
I needed money.
Kenny wasn't a cop no more.
Wasn't doin' nothin' for me.
So this guy offered me 10 grand to kill him.
Why'd this guy want him dead? He said he'd killed a girl, and Kenny knew about it and was talking to the D.
A.
You still haven't given us the name.
No, no, no.
I talked, now you deal.
Full cooperation and testimony.
If his story checks out, concurrent sentences, 25 to life.
That's the best I can do.
All right.
I want his name, Mr.
Ortiz.
Shane Lucas.
[Branch.]
What do we know about this fellow Lucas? Convictions for pandering, rape and assault.
Released from Attica two years ago.
Paroled? Served his entire sentence.
[Kibre.]
Since he got out he's made an attempt at legitimacy.
- If you can call it that.
- He produces and distributes pornography.
Extreme stuff, like simulated rapes and assaults.
He sells it via mail order in the back of fringe magazines.
I ran the company name byJustice.
They haven't red-flagged it beyond obscenity concerns.
This guy pays his taxes.
So why kill Peluso? Ortiz says Lucas killed a woman.
Peluso knew about it.
Any corroboration beyond Ortiz's testimony? You mean like a dead body? Not yet.
Murder for hire is difficult to prove.
Well, according to Ortiz, Lucas still owes him money for the murder.
We can get him to meet with Lucas and make him wear a wire.
- Risky.
- Suppose we put Salazar with Ortiz? He'd be under constant surveillance.
We'd control the location of the meeting and have police backup.
What would you need from me? I just wanna make sure you've got my back.
You've got it.
Get it done.
Stay on Ortiz.
Make sure he doesn't blow it.
Look, when you're in there, you keep the conversation on the murder of Peluso, okay? Thanks, Chris.
I've done this before.
So when do we move in on him? When Lucas makes an admission of guilt.
Or he pays off Ortiz.
Hector-You okay with this? Yeah.
Let's do it.
[Man.]
We're wired with omnidirectional mikes.
Wherever he goes, we got him.
I need a jury to hear every word.
We're good, as long as no one turns on a faucet or a radio.
[Man On Radio.]
King 5, he's in the lobby, heading for the elevators.
Two minutes out.
Copy that.
King 5.
[Ravell.]
Game time.
He's on his way.
[Ortiz.]
I don't know about this, man.
You know, Shane's kind of smart.
We got plenty of eyes on you, okay? - Yeah, I just don't think it's gonna work.
- You mess it up, it's your ass.
So why don't you focus on that? I'm out of here.
[Radio Chatter.]
Here we go.
Shane, what's up, man? You were supposed to call me two days ago.
Hey, I know.
I'm just laying low.
Who the hell's this? It's cool, man.
That's Hector.
- Hector, meet Shane.
- Told you to come alone.
Yeah, I know, but- Just- What is wrong with you? Yo.
My boy got concerns.
I'm just here to make sure he gets paid, man.
[Ortiz.]
Yeah, man, that's it.
Not that I don't trust you.
Nothin', nothin'.
It's cool.
He's just checking it out.
So listen, I did the kill.
Now where's my money? I don't know what you're talking about.
Yeah, you do.
That guy Peluso's dead like you wanted.
He rushed it.
He's not bitin'.
Think he figured us out? Come on, Hector.
Are you strapped? Hector - Hey, man, can we cut this gangster crap out, please? Let's just settle our business.
What the hell you doin', man? You think I'm wired? Hey.
Just pay him.
Just- Police! Drop the gun! Drop it! Drop it! Drop it! Drop it! Get down.
Down.
You're 5,000 too short.
I want my lawyer.
Damn it.
We got nothing.
He's an ex-felon with a concealed weapon.
The other thing is, Tracey- Lucas didn't bring the money.
I know.
He only had a gun.
Jumped too soon on the arrest, you know that? Danielle Blair.
I'm representing Shane Lucas.
Serious crime.
We're gonna have him remanded at arraignment.
Your key witness is the person responsible for the murder.
He'll testify that Lucas paid him to do it.
You have no corroboration.
Your client has plenty of dirt on him.
Convictions for rape and assault - He hasn't had so much as a speeding ticket in the last two years.
So he's a killer who drives like my mother.
[Lucas.]
They can't tie me to the murder.
At this point they're weak, unless there is some way to trace you to Peluso- phone records, bank statements- Nothin'.
Kenny was paid cash.
Anyone see you together? Some girls who will be hard to track down.
Them and Emil.
Ortiz will be easy to discredit.
Which leaves your arrest.
That sting- No.
I said nothing.
Only thing that jams me up is my gun in that cop's face.
We'll call the sting entrapment.
You felt threatened so you protected yourself.
Against your better judgment you brought a gun.
So we're looking to beat this? Kibre's good.
She'll look under every rock until she finds something she can use against you.
When do I get out of here? Your bail is one million dollars.
You own three apartment buildings.
The one in Greenpoint should cover it.
The other two you sign over to me.
My counsel isn't cheap.
I'll give you the building in Astoria.
The one in Williamsburg you get when I walk out of court.
Like an incentive.
Fair enough.
You always look this good when you visit a place like this? I do for some clients.
Listen.
Until we post bail, expect the D.
A.
To be monitoring your phone calls.
Be careful.
Like I've never been in here before.
I know how it works.
[Buzzer Sounds.]
His name's Desmond McCarron.
Told the guard he had information on Lucas.
Got passed up.
We quietly pulled him out of population this morning.
What's he in for? Forging a Vicodin scrip.
Who's he run with? He runs with anybody- Brotherhood, Netas, you name it.
As long as he can score.
Every jailhouse snitch I ever met was an addict looking for a break.
No.
You help me, I help you.
That's not how it works, Mr.
McCarron.
You proffer the information, I decide what it's worth.
[Salazar.]
You've been in here for three weeks with Shane Lucas.
What do you know? [Sighs.]
I heard Lucas bragging about his case.
Keep goin'.
He says he's gonna skate, right? Except he's worried about some dude talking to the cops.
He thinks this guy's the only way he gets hung up.
- What's the guy's name? - L-I don't remember his name.
- But the guy's a freak.
- What do you mean, "freak"? Lucas said the guy bought some of his pornos.
But, you know, like a repeat customer.
A pervert.
I mean, that's Lucas's thing, right? Did we pull the business records when we searched Lucas's office? Yeah.
All the videos go out mail order.
Guess we could run down some names.
[Gaffney.]
Mr.
Phelps, I can understand your embarrassment, but- I don't know anything about this Shane Lucas person you mentioned.
We checked the phone records.
We know that you spoke to Lucas several times.
We have the dates.
He must have been confirming receipt of some packages he sent.
Kenny Peluso called you too.
I'm not familiar with that name.
Mr.
Peluso was recently murdered, Mr.
Phelps, we believe by Shane Lucas.
A reliable informant says you know why this went down.
Which makes you a material witness.
- You can't be serious.
- Were they extorting money? Blackmailing you? [Chuckles.]
No.
Nothing like that.
If I cooperate, uh, will I have to go to jail? Have you broken the law? Oh, most certainly.
You'll see why Lucas was nervous about Peluso talking to the police.
Phelps paid 50 grand for this- cash.
So Peluso was the go-between in the transaction? Was he still a cop? He had already left the police department and was working a security job, but he wasn't involved in McCoy's case yet.
So it's all fitting within the timeline of the shooting.
I cued it up toward the end.
[Screaming.]
[Gunshot.]
Oh, my God.
So you're sure that this video is for real? Our expert examined it.
He says it's legit.
And we're certain that Lucas was behind it? We have corroboration.
Lucas had Peluso killed to keep him quiet.
So why aren't we indicting for the murder of the girl too? We don't have a body - And we don't know where the crime was committed.
And we can't prove beyond a reasonable doubt that Lucas did the killing.
So you think you can get it in as a prior bad act? It goes to motive, and we can link it to both Peluso and Lucas.
You identify the girl? [Gaffney.]
Stephanie Davis.
She's on the books for drug possession and prostitution.
Been missing for six months.
Her mother's driving down today from Ithaca.
Stephanie ran away when she was 16- almost two years ago.
Her father had walked out on us and I was pulling overtime just to cover the mortgage.
Ms.
Davis, what happened to your daughter had nothing to do with you.
It's not your fault.
She called to say she wanted to come home.
That's when I found out she was living with Lucas.
And she was on drugs.
I could tell.
After a while I stopped expecting to see her on the doorstep, you know? You're absolutely sure that it's her? I called a few months ago, looking for her.
I just felt like she needed me.
Lucas got on the phone and said that she was never coming home again.
[Sobs.]
And now I know, because she's dead.
So they're saying I had Peluso killed over the tape.
It's strong evidence.
If they'd had it at your arraignment, you'd have never made bail.
You know, the girl- Stephanie- She gave the performance of her life.
I'm gonna fight to keep the tape out, but I may not win.
Phelps is gonna testify for them? He'll cut some kind of deal, tie you and Peluso to the tape.
Will they believe him? They might.
It's hard to make him look worse than he does now, for buying a video like that.
So where does that leave me? Probably looking at a conviction.
[Sighs.]
You're honest.
I like that.
You watch the tape? Wasn't really my thing.
Oh.
So what is your thing? It's Molineaux evidence that supports motive in the murder of Kenneth Peluso.
- It has clear probative value.
- The video tape is compelling, Ms.
Blair.
Compelling only in its prejudicial value.
How so? Miss Kibre's insinuating, not proving, my client's culpability.
There's no proof he harmed the woman on that tape, or even knew her, for that matter.
- Let the jury assess its value.
- It's bait and switch.
The murder depicted on that video has not met any burden of proof beyond a reasonable doubt, but the jury certainly will be judging my client on that alleged crime.
Do you have someone that can tie the defendant to the tape? We do.
We also have testimony stating that the defendant had Mr.
Peluso killed in order to silence him about this woman's murder.
Ms.
Blair, you'll have ample time to cross examine the People's witness.
Your Honor - I'll give limiting instructions, but I'm going to let the jury see it.
Video tape's in.
[Ortiz.]
I knew Peluso usually came home from work around 4:00 a.
M, so I figured I'd get him then, but I fell asleep in my car and woke up at 8:00.
Thought I missed my shot.
And that's when you saw Mr.
Peluso and Detective Green come out of the house? Yeah.
Walked right up to Kenny and shot him.
I had to shoot the other guy.
I mean, he saw my face.
I didn't know he was a cop.
Why did the defendant want Mr.
Peluso killed? Well, Lucas said Kenny knew about a murder he'd done - Some girl.
When Lucas found out he was talking to the cops- In fact, he was testifying in another trial, an unrelated case.
Did the defendant mention this to you? [Ortiz.]
Yeah, Lucas didn't know what it was about.
I mean, he was paranoid.
You know? He thought Kenny might tell them about the murder.
So he offered me 10 grand to kill him.
Nothing further.
Why did you kill him? I thought you and Mr.
Peluso were friends.
Friends? No.
No, no, no.
He helped me out, I helped him out.
Strictly business.
Once he stopped being a cop, he wasn't doing nothin' for me.
- So it was an easy decision? - Objection.
[Judge.]
Sustained.
What did you do with the money Mr.
Lucas allegedly paid you? Spent it.
He only paid half of what he owed me.
So the money's gone, and we're just supposed to take your word this payoff actually happened? Did you attempt to collect the rest of the money you say you were owed? The cops set up a sting to get Lucas to pay.
- They wanted to have it on tape.
- Objection.
Sustained.
Did Mr.
Lucas pay you the money for the murder? - No.
- Because he never actually hired you to kill Kenny Peluso.
Objection.
Sustained.
[Blair.]
No further questions.
- [Screaming.]
- [Gasps.]
[Gunshot.]
[Gasps.]
Did the defendant tell you where he'd obtained this video? He said he'd made the film himself.
I was assured of its authenticity, and I paid him quite well for it- $50,000.
How was Kenneth Peluso involved? Mr.
Peluso delivered the videotape and I gave him the money, and that was the only time I ever saw him.
Nothing further.
I think we've had enough for today.
Ms.
Blair, you can cross-examine this witness tomorrow.
Get dressed.
We're going out.
Where? Just do it.
It's 2:00 a.
m.
You'll like it.
I promise.
What are we doing here? Little surprise.
Come on.
You like the unexpected, don't you? What are you worried about, Danielle? We're just meeting somebody.
Meeting who? Apartment 2-F.
Top of the stairs, end of the hall.
Where is your attorney, Mr.
Lucas? I don't know.
She should be here.
Nice of you to show up, counselor.
You're an hour late.
I'm sorry, Your Honor.
It won't happen again.
[Judge.]
Would you like to cross-examine the witness? Actually, I have no questions for Mr.
Phelps.
In that case, the People rest, Your Honor.
Mr.
Phelps, you can step down.
Should I assume, Ms.
Blair, that you're not ready to present the defense? Actually, I am, Your Honor, but I have a last-minute witness to add.
- We object.
- This person only came to my attention last night.
- This is unfair surprise.
- She's a crucial witness to my client's defense.
You'll have time to prepare, Ms.
Kibre.
Call your witness.
The defense calls Stephanie Susan Davis.
[Spectators Murmuring.]
[Bailiff.]
Stephanie Susan Davis.
I love Shane Lucas.
He'd never hurt me.
So you felt safe participating in the film? They showed me the fake blood and the hood.
It was just acting.
Shane paid me almost $8,000.
[Blair.]
Was Mr.
Peluso involved? He was there when we filmed.
Since he was a cop, he had to check the gun to make sure it was okay.
- So you knew Kenny Peluso? - Shane and Kenny were friends.
Shane said he wanted to bring Kenny into the business.
It's real sad, what happened to him.
Lucas was hiding her.
Damn it! He set us up to find that tape.
I'm telling you, we looked everywhere.
This is the kind of screwup that gets A.
D.
A.
' s fired, Kelly.
Don't put this all on me.
We both thought that tape was real.
I'm talking about both of us.
[Indistinct.]
[Elevator Bell Dings.]
Call Salazar.
In my office in an hour.
Well, the case is basically worthless.
Jeopardy's attached.
We don't convict him, that's it.
We're done.
So what's the real reason Lucas had Peluso killed? Could have been business conflict.
Personal beef.
Anything.
But think about the timing.
It happened after Peluso spoke to the police.
It still means that Lucas was scared of something that he'd say, and since Lucas obviously didn't kill Stephanie Davis- Well, maybe he killed somebody else.
I'll reinterview people, see if something pops.
Hey, go to the one witness you didn't talk to- Stephanie Davis.
She was close with Lucas.
She knew Peluso.
Fine.
So you think a jury is gonna convict my client on the testimony of a murderer? I'm sure you saw their faces when they watched that video.
They despise you, Mr.
Lucas.
Most of them probably made up their minds right then that you're guilty.
That changed the second Stephanie Davis walked into court.
Juries don't always rely on facts alone to convict.
What does that mean? You make pornographic material depicting the murder of women.
It's not a big leap to think you'd actually be capable of killing.
Mr.
Ortiz's testimony could seem very credible.
Let's cut the wishful thinking, and talk reality.
We'll plead to the criminal solicitation charge.
Max, three years.
It's a nonstarter.
Man one, 15 years.
We're not here with our hand out.
We are offering you a deal.
I didn't have Kenny Peluso killed, but you know this isn't about that.
Shane, stop.
Why don't you tell us what this is about? You sit and judge what I do.
I'm a businessman.
I do what I do because there's a demand for it - creeps like Phelps.
If people didn't want it, didn't crave it, I'd go do something else.
- Shane.
- I hear your rap all the time.
You're just a repressed bitch.
[Chuckles.]
Well- [Clears Throat.]
You've certainly clarified things for us, Mr.
Lucas.
We'll let the jury decide.
Ms.
Davis, your apartment is rented under a different name.
It's a sublet.
Is that a crime? No, it just makes you a hard girl to find.
Doesn't look like you leave the house much either.
Shane doesn't want me talking to you guys.
Listen, Ms.
Davis- I got it.
I got it.
We don't have much time, so I'm gonna cut right to it.
Now, your boyfriend- pimp, dealer, whatever he is to you- he killed somebody.
Kenny Peluso knew about it, and that's why he got killed too.
That's not true.
I think you know it is.
Did he hurt another girl? Someone like you? I don't know.
Ms.
Davis- You ever go through withdrawal in a jail cell? They said she O.
D.
' d.
She was with Kenny.
He was afraid it would get back to him.
Shane just helped him out.
He said he dumped her inside an emergency room.
It wasn't murder.
- Who was she? - I didn't know her.
She was Peluso's girl? I think her name was Jody.
[Elevator Bell Dings.]
All right, we found out thatJody Watson was a 15-year-old girl Peluso got busted with when he was a cop, and we think he asked Lucas to help him out.
Lucas got rid of her.
The story about dumping her body at a hospital doesn't check out.
Probably told Stephanie Davis that just to cover forJody's murder.
Okay.
Where's the body? We checked all theJane Doe deaths around the time of her disappearance.
You find a murder? Not quite.
It's an accidental death.
Jane Doe died in a car fire, Meadowlands, New Jersey.
Could be someone covering for a murder.
Now we gotta exhume that body.
Go get the order- but do it fast.
Closing arguments are today.
Made the I.
D.
From dental records.
Hell of a guess.
So this is Jody Watson? Can you confirm the cause of death was murder? Well, with the initial autopsy, the tox screen was positive for drugs, and the body was severely burned.
You can understand why they weren't more thorough.
It just looked like a bad D.
U.
I.
That's a bullet? Yeah.
You wouldn't have seen it without an X-ray.
Entered through the base of the skull.
- She was executed.
- You know the caliber? Yeah.
What do you think? 38? What are the odds this bullet matches the gun we found on Lucas? Has the jury reached a verdict? We have, Your Honor.
[Judge.]
On the counts in the indictment, how do you find? We find the defendant not guilty.
[Spectators Murmuring.]
You just picked up another piece of real estate.
Ladies and gentlemen of thejury, thank you for your service.
Mr.
Lucas, you have been found not guilty of these charges.
You are hereby discharged by this court.
We're adjourned.
[Gavel Raps.]
[Blair.]
No surprise.
You should have expected this.
You like the unexpected, don't you? [Laughs.]
Are you Shane Lucas? Do I know you? My name is DetectiveJoe Fontana.
And you're the son of a bitch that got my partner shot.
Maybe you didn't hear the verdict.
I was acquitted.
Excuse us.
We're leaving.
I don't think so, counselor.
This is unfinished business.
Turn around and put your hands behind your back.
What is this? You have no grounds- Turn around.
This is outright harassment.
Shane Lucas, you're under arrest for the murder ofJody Watson.
Who? What's the matter? You didn't get her name before you put a bullet in her skull? Come on.
We kept the car running for you.
You have the right to remain silent.
Anything you do say can and will be used against you- So I tracked down Jody Watson's folks.
Did you tell them? Told them they get to bury their daughter.
Yeah.
She was just a messed up kid.
- She helped us get Lucas.
- Better than rotting in potter's field.
You gonna plead Lucas out this time? [Scoffs.]
Not on your life.
Jury already let him walk once.
That's on me.
Well, you can't retry him for killing Peluso again.
No.
But I can still make him answer for it.
[Howling.]