Law & Order (1990) s01e15 Episode Script

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.
Here you go.
Thanks.
It's up to 26 mill this week.
They're selling 10, 000 tickets a minute, and today, Isaac picks to oversleep.
You forgot the milk.
Yeah, yeah, right.
Oh, look at that, will you? You know, Isaac's never been this late.
They should've never traded this guy.
He damn near led the league last year in Philly.
He couldn't hit lefties in Shea.
I'm gonna go check this out.
Maybe Isaac's in there, he just forgot to turn on the lights.
Jimmy! Corner of 12th and Elizabeth! we got an EMU! we need an EMU here immediately! Back door's open.
Forced? Nope.
Anyone coming in or going out? Not through the front door, no.
How close were you looking? we were waiting right outside for him to open.
Place was locked up.
Cash register's clean.
His name's Isaac- Solnick- Skolnick.
Real nice guy.
Russian.
Hell of a "welcome to America.
" Doctor:.
An acute subdural hematoma.
That's bleeding around the brain.
The pressure gets built up.
Fatal? Eh, five to two against.
Then again, I bet heavy on Oakland.
We'll have to drill holes to make sure it doesn't go pop.
when will Mr.
Skolnick be able to talk to us? Couple to three days if we're lucky.
I'm doing another CAT scan this afternoon.
If we're unlucky? Intercrainial damage, brain edema, spastic hemiplegia.
Never.
Every morning around 5:30.
Logan: What about this morning? Same as usual.
Look, I don't even know the guy.
He's still closed when I get there in the morning.
Leave the papers out front.
Que sera, sera.
Did you see anything unusual in the neighborhood this morning? It's Greenwich Village, man.
You tell me.
Like, junkies for instance? Nah, they're over on 10th.
I toss those papers and I haul ass.
You know, come to think of it, there's usually this weirdo hanging out outside the store.
He sleeps out on the subway grating over on the comer.
Real scuzzy, you know what I mean? And loony tunes.
wears this ripped up army jacket with a blue watch cap.
Looks like he's stoned all the time.
There is no fire like passion.
There is no shark like hatred.
There is no snare like folly.
There is no torrent like greed.
Look Mr.
Hoover, you had $112 in your pocket.
Either business was real good or you did something real nasty.
Sergeant Greevey? Yeah? Meg Hennessey, Homeless Defense League.
I'm sure you read Mr.
Hoover his rights.
Mr.
Hoover's not under arrest.
He willingly agreed to help us with our investigation.
From now on, you'll keep quiet, Edgar.
Edgar Hoover.
My client has spent six years in an institution.
Oh, well, he's cured.
There is no way he could be charged with any crime let alone serve any time.
I'm sure you gentlemen are familiar with the word "incompetent.
" Yeah, well, from where I sit he's competent enough to do Isaac was a capitalist.
what? But he couldn't help himself.
He had a good heart.
He gave me cigarettes.
And 112 bucks? Don't answer that, Edgar.
Men have done time for less, Miss Hennessey.
He was already down.
And you helped yourself to the money? Fast forward, Hoover.
I've seen this before.
Look look at him.
Look at me.
Isaac had six inches and 60 pounds on me.
If I'd tried anything I'd be the one with tubes up my nose.
I saw a guy come out the back in the alley.
Mean looking.
Fancy suit.
Like Donald Trump.
Could you recognize him? His face is etched right here.
Let me ask you something, if you liked Isaac so much, why'd you clean his register? Didn't look like he was gonna need it.
So all we got is the wacko? Our guy lets the perp in he does his business without even peeking into the register.
Maybe he was a rookie.
Maybe he forgot.
Maybe he was after something else.
And maybe he wasn't, Max.
This is New York, remember? Sometimes people get beat up just for the hell of it.
Sometimes they even get dead.
It's a fact of life.
It's not always a conspiracy.
All I'm saying is that - Logan: I just got a nibble.
A guy named Akbar, he's an Indian.
Owned a candy store down on 14th.
Two weeks ago, he's beat to a pulp.
Get this, no robbery no witnesses, no arrests.
Okay.
Once, it's part of the freak show.
Twice, maybe it's a little more organized.
Logan: MO- brutal.
Could be gangs.
westies, Koreans, Russians, Vietnamese, no.
The guy was wearing a suit, remember? Donald Trump? Go talk to the Indian.
well, uh, we're a little late.
He wasn't as lucky as Isaac.
Is it true that most robberies go unsolved? well, we don't think this was a robbery.
Does your father have any enemies? He works.
He sleeps.
On the holidays he goes to shul.
Since my mother died, he's kept very much to himself.
Does he gamble? No.
Never.
Borrow money? why would he borrow.
He makes $75,000 a year at the store.
I don't understand what you're getting at, Detective.
This was not an isolated incident.
My father never broke the law in his life.
Maybe he ruffled somebody's feathers.
we would just like to get on with our lives.
why would we put ourselves into further jeopardy? It looks to me like you're already in jeopardy.
You don't want to go through this again, do you? Two weeks ago, I was at the store.
I answered the phone.
It was a man by the name of Pilefsky.
My father made me hang up.
You knowwhat it was about? No, he wouldn't say.
But he warned me never to say anything to anyone.
He was scared.
Logan: Joe Pilefsky.
'71, assault.
'73, assault.
'75, '76, more assault.
Charges KO'ed.
Sounds like muscle.
'80, possession of stolen goods.
'82 extortion.
'84 federal extortion.
No convictions.
whew, a real sweetheart.
Alleged sweetheart.
Think Edgar can ID him? Depends on what planet he's on today.
I don't think he'd recognize himself if he looked in the mirror.
If he hits, I want to put him up in a hotel until trial.
No way.
we can't hold him.
we can't be sure he won't disappear.
The Fillmore's only That's the guy.
Logan: You sure? Etched in stone.
See if you can find something a little cheaper than the Fillmore.
And pick up Pilefsky, quick.
Look, I never heard of Skolnick.
I never heard of Akbar.
Tuesday night, I worked till almost 3:00.
And after that? Early to bed, early to rise.
I'm sure somebody can confirm that.
Yeah, but I never got her name.
You've got zippo on Mr.
Pilefsky.
Only an eyewitness.
Your Mr.
Hoover is the Babe Ruth of crazy.
You knowwhat I'm going to do to him on the stand? No secrets, gentlemen.
There's gotta be something more going on.
A guy that wears $1,200 suits doesn't do a number on a candy store just for kicks.
Joe Pilefsky stinks.
Somebody, somewhere, ordered this.
Real world, Mike.
The stink test doesn't wash with a jury.
we'd be lucky to convict on assault.
Hey, Pilefsky's mobbed up.
we all know it.
I say let's give it a spin, see where it lands.
I figure we do a complete bio- friends, relatives, cellmates.
Fine, great.
Be my guest.
But when the wheel stops, j my guess is we're gonna be right back where we were yesterday- a witness who on a great day belongs in a rubber room.
In other words, we got zip, bupkis, zero.
what? Less than zero.
Hotel manager:.
I looked in, Hoover's dead as a doornail.
Logan: Why'd you look? TV was playing all night.
The guy in 212 was complaining about the noise.
Check out was noon.
Somebody's gotta pay for today.
He lives for 10 years on the street eating garbage.
we give him a meal and a bed and a day later he's dead.
You sure it was the booze? He had a smile on his face.
A pig in poop.
was bad timing.
Screws the pooch on Pilefsky.
Nobody knows about Hoover.
Nobody has to.
Let me hold on to Pilefsky for a couple of days- at least until Isaac can talk.
we've got a constitution, Max.
News flash: Pilefsky's co-defendant on the federal extortion rap was a wiseguy named Mario Zalta.
Cragen: Masucci family? what would the mob want with a guy who sells newspapers? They want to keep up on current events.
Yeah, well, it seems like Zalta's a real choirboy now.
He's got an import-export business down near the river.
I'm sure he wouldn't mind answering a few questions.
we don't need to go headhunting here, Max.
Cutting off a couple of toes will make me very happy.
Meaning? Meaning, Pilefsky first.
Anyone else is gravy.
Logan: How's this sound? Pilefsky, Zalta.
Zalta, Masucci.
But that's like, you know, past tense.
Yeah, you don't associate with Mr.
Masucci anymore, huh? Hey, honesty is the best policy.
Also, it's a lot safer.
Think about it.
what would Frank Masucci want with some old Russian candy store owner? Protection? He's been watching too many old flicks, here.
This isn't Chicago in the '20s, over here, huh? I forgot.
The Mafia doesn't exist.
Max: what about Joe Pilefsky? Aw, he's just dumb muscle.
He probably just got mad because- your Russian sold him a bad lotto ticket.
People don't end up in ICU over a lotto ticket.
This is New York.
Go figure.
Could be anything.
Drugs.
weapons.
Masucci's diversified.
How about I check the back? Looks good.
My old lady says I should eat more salad.
I figure what's the point? I live a couple more years, eh? Only to eat more salad, eh? You got it, man.
Hey, what's in the boxes? Garbage.
He calls it art.
I wouldn't give you Is that all that comes through here? Are you kidding? Everything from screwdrivers to Kiwi berries.
Zalta's not what you call a specialist.
Anything else? Look, man, you know how hard it is to get work? I keep my eyes closed.
I keep my job.
what about your ears? Sure, I hear stuff.
what kind of stuff? Like guys that that talk don't talk for very long.
Look, I've seen "Godfather" I, I I, and I I I.
That's Hollywood.
Look, I hear Zalta's connected.
To whom? Guys whose names end in vowels.
And I don't mean Shapiro.
Really, man, I don't know nothing.
Smoke? You don't smoke.
Check it out.
No tax stamp.
They're bootlegging cigarettes.
But you didn't have a warrant.
I had a hunch.
He had a hunch.
well, I'm really glad for you, Mike.
But it's not probable cause.
Ergo it was an illegal search.
Ergo the cigarettes are not admissible.
Ergo, we got squat! At least we know their motive.
Oh, I know I'm gonna sleep better.
of cigarettes are sold every year in this city.
State and city taxes come to what, This is big business.
Isaac was about to get in their way.
Get me some probable cause.
Max, listen to this.
Zalta's warehouse is owned by a "Meridian Property Management.
" It's a DBA for a guy named Harv Beigal.
Is that supposed to ring a bell? Not unless you read page six.
I checked him out.
Four years ago, Beigal married Catherine Masucci, Frank's sister.
Zalta's a capo in the Masucci family.
Now you don't think that the Don would hire his own brother-in-law to work in the family business, do you? I love this job.
You guys want something on Frank Masucci, you're coming to the wrong guy.
I'm in real estate, period.
Mr.
Beigal, why don't you just tell us about your warehouse on 23rd? You want it? The real estate taxes are killing me, not to mention the interest payments.
what can you tell us about the lessee? I haven't dealt with tenants in years.
Nothing but headaches.
You gotta talk with my managing agent.
Ask for- Lichtenstein.
He handles my commercial buildings.
Look, let me just refresh your memory a little.
Your tenant Mr.
Zalta and your brother-in-law Mr.
Masucci are like this.
Five years ago I was in Saks shopping for ties.
I couldn't decide between the Adolfo and the Hermes.
Those long curls and eyes helped me decide.
Four years ago I married her.
You didn't know she was Masucci's sister? I didn't care.
I married the girl, not her family.
Matrimony's not a crime.
Then it's just a coincidence that you rent to Zalta.
I own three office buildings, two apartment houses, five parking lots and six warehouses.
You can't expect me to be familiar with all my tenants.
Logan: Hey, by the way.
which tie did you buy? Both.
If you'll excuse me.
I remember when this cost a nickel.
Yeah, and you used to walk barefoot snow to school, right? Two hours, Max.
All we've got to do is find one guy who's selling the bootlegged cigarettes.
Yeah, and then convince him to talk.
If it is the mob, it ain't gonna be easy.
You know how many of these places sell cigarettes? You got a better idea? All this to get probable cause to find out what we already know.
Send you complaints to the Supreme Court.
Let me have a pack of those.
A pack of those.
$6.
75.
You're closed for the day, pal.
There's a guy in St.
Vincent's with holes drilled in his skull to relive the pressure caused by bleeding around his brain.
But what's that got to do with me? He was sent there by Pilefsky.
I never heard of him.
Think the DA will call Mr.
Spivak a co-conspirator? Maybe.
But selling of stolen goods, tax fraud, we're talking about three years minimum.
Look, I'm just trying to make a buck.
I mean the rent on my place has doubled over the last couple of years.
A guy comes up to me and offers to supply me with butts at 25C less than my normal distributor.
And you didn't ask any questions? I'm not on salary.
Every penny counts.
I never heard of no Pilefsky.
who's your supplier? Obstruction.
That's another year.
what's in it for me? Peace of mind.
Maybe you can keep your store.
Zalta.
A guy named Zalta.
Assault.
Possession of stolen goods.
Tax fraud.
I wouldn't be surprised if they reopened the case where the store owner died.
Right, what's his name? Akbar.
The list goes on.
Mind turning around? I don't know what you're talking about.
Come on, Mario.
Three truckloads of bootlegged cigarettes just happen to appear in your warehouse? And a store owner just happens to pull your name out of a hat? Suppose I was in the business.
Certainly no need for muscle.
It's a big market out there.
One vendor don't want to do business, so then there's a lot of other takers.
And you never heard of Pilefsky? I told you! I don't associate with guys like that no more.
Yeah, sure.
Your witness died.
we can't even charge Pilefsky with jaywalking.
But Pilefsky used to work for Zalta.
Past tense.
we know for sure he beat the hell out of Isaac.
well, we can't prove it with a dead witness.
So he walks? Unless you can connect them.
Zalta swears on a stack that he knows squat about Pilefsky's number on Skolnick.
well, we don't need to show knowledge, just actions furthering a common criminal goal.
That's the beauty of conspiracy.
And if not? Pilefsky walks.
Well, fellas.
The good news is.
The guy who ID'd you isn't going to testify.
The bad news is he's dead.
Well, I don't know nothing about it.
I'm sure you don't.
It's a coincidence that your attorney knew all about our witness.
who then unexpectedly finds himself dead.
You had me locked up.
Even you got friends.
I guess one of them thought they were doing you a favor.
That's not my problem.
The law says it is.
You're stretching Logan.
Detective Logan is implying that the witness's death was part of some sort of conspiracy to keep you from going to trial and if you had knowledge of it, you'd be culpable in the eyes of the law.
That's crap.
I don't know nothing.
Someone's making it look like you did.
Are you charging him? we're checking into it.
No secrets.
Right, Counselor.
It's a con, Joe.
Don't fall for it.
He's like a dirty sponge.
Squeeze him, all kinds of scum comes out.
If he don't spin on Zalta, he walks.
He'll spin.
Murder two's You should have stuck with assault.
How much does Masucci pay you to go down on murder two anyway? So maybe- maybe I roughed up the Russian.
Shut up, Joe.
I'll talk to you later.
I had nothing to do with no cigarettes.
I don't know nothing about him, or- or- whacking the nutcase.
So why the number on Isaac then? He bothered me.
well, last I heard, annoyance isn't a valid defense.
He was scared he'd talk.
About what? I don't know.
I don't know.
who was scared, Joe? You need a roadmap? is a long time.
So's dead.
Look, I want a deal.
I don't know nothing about whacking Hoover.
I'm sure the DA will listen.
Wait a minute.
Harv Beigal? Mistake.
we want protection.
There's our connection.
we know that Pilefsky did a number on Isaac.
The vic can't talk, and our only witness has passed on.
So far you've got nothing.
So it seems.
But we also know our friend Zalta's been selling bootlegged cigarettes to small vendors.
we've got a seller who'll talk.
Did Zalta supply Skolnick? No.
It seems Isaac overdosed on the American dream.
He wanted nothing to do with these guys.
we figure he was about to squeal, so Pilefsky taught him that silence is golden.
Now, Pilefsky swears he knows nothing about the cigarettes.
He did, however, admit he was just doing a favor for his old friend Beigal.
So Beigal is an accomplice to assault.
It gets better.
Mr.
Zalta says he's too chi chi to associate with riff raff like Pilefsky.
But it just so happens he has several truckloads of stolen cigarettes in his warehouse.
Guess who owns the warehouse? Beigal.
Logan: So even if Zalta and Pilefsky are telling the truth.
The left hand doesn't know what the right hand is doing.
But they're washing each other, so it's conspiracy, gentlemen.
They could all go away for a long time.
with the possible bonus being Oh, no, that's a different story.
Frank Masucci, he goes for a walk in the woods, he doesn't leave many bread crumbs.
Defendants are charged with assault, conspiracy to commit assault, tax fraud, and extortion.
How do you plead, gentlemen? Not guilty, Your Honor.
Not guilty.
Recommendations on bail, Mr.
Stone? Each of the defendants has connections to organized crime, Your Honor.
And as such, there is certainly a risk of flight from the jurisdiction of this court.
My client has a business to run.
May I remind Your Honor he was in no way associated with the assault? The assault is part and parcel to the conspiracy charges, Mr.
Davis.
Your Honor, Mr.
Beigal has a spotless record.
His only connection to any so-called criminals is by way of marriage.
Some people think blood is thicker than water.
Bail is set at $150,000.
Hey, gimme a break, will you, Stone? Harv Beigal is a major player in this town.
You want my advice, I wouldn't bring that up in court.
Face the facts.
All you've got on Beigal is the testimony of some third-rate hoodlum.
Implicating your client in a major league conspiracy.
Ben, we don't want to have the public humiliation of a trial.
I'm listening.
Suppose he testifies against Zalta and Pilefsky? I don't need Beigal's testimony.
How about possession of stolen goods? In exchange for what? Suspended sentence.
You'll be a hero.
Not to that girl who visits her father every day in the hospital.
what do you want? Frank Masucci.
Beigal has nothing to do with Masucci.
It's a shame.
Guess I'll see you in court.
I don't even smoke.
I hear it's not very good for your health.
Is it true your brother-in-law is involved in a conspiracy- Hey, as far as I know, Harvey's in the real estate business.
Although, you never can tell about in-laws.
Can you comment on rumors of your involvement in the disappearance of Union President Russell Mackey? What do I look like, a travel agent? Excuse me.
Big Frankie.
Dandy Don.
You too, can have monogrammed socks.
I once saw a kid on the news.
He was going for a world record.
He had 10,000 dominoes lined up.
He filled the floor of Madison Square Garden and he flicked the first one and 30 minutes later the last one fell.
where you going? It'd be nice, wouldn't it? Put Frank Masucci out of business.
The Fed has tried.
Always finds a way.
Even if it does turn out that Masucci was in on this cigarette scam, people won't testify against him.
The dominoes are all lined up.
why don't we just knock over the first one, see where it leads? A bird in the hand.
Don't forget what you already got.
Daughter:.
It's called spastic hemiplegia.
He won't be able to walk.
I'm sorry.
You got the man? Yes.
He'll go to jail.
well, you never know with a jury.
But I'd feel more secure if your father would testify.
It's the right thing.
He did the right thing, once.
Look what happened.
I don't know nothing about assaulting that Russian.
That's the beauty of conspiracy.
The right hand can get the left in a lot of trouble.
Hey.
Tell me about Frank Masucci.
was he involved? why, you actually think I knowwhat goes on in Camelot? You're saying that Frank Masucci was not involved.
I'm saying nobody knows what Masucci knows.
That's why he eats at 21 and I'm sitting here.
See you in court.
Before we start, I want simple assault, suspended sentence.
That depends on Mr.
Beigal's song.
You'd be happy.
No matter what happens in court, the deal stands.
You're smart, Stone.
But, uh, Frank Masucci? I'm listening.
Russell Mackey.
what do you know about a missing union president? Maybe where he is.
Did Frank Masucci provide the transportation? Uh, do we have a deal? If what Mr.
Beigal tells me helps Mr.
Masucci into court, we can arrange something.
Frank told me he ordered the hit.
who pulled the trigger? Vinnie Ruffo.
Masucci's top mechanic.
And where's the body? we're not that close.
what about Ruffo? My guess is he's across the Atlantic.
Talk to Pilefsky.
He and Ruffo are old buddies.
Deal? we're not even sure Russell Mackey's dead.
He's been missing for eight months.
Beigal will testify to Masucci's confession.
And you're gonna believe him.
It's a dangerous lie to tell.
I don't see a body, do you? You can't even prove a crime has been committed.
Adam, the dominoes are starting to fall.
Beigal ordered the assault on Skolnick, and you're willing let him walk? Aren't you? This is Frank Masucci we're talking about.
All right.
Get me something to corroborate Beigal's testimony.
who's gonna explain this to Skolnick and his daughter? First the homeless guy, then Mackey.
what's next, JFK? we're not charging you, yet.
what's that supposed to mean? Vinnie Ruffo pulled the trigger.
we know you were friends.
I know nothing.
who do you suppose told us about Ruffo? How do you think we knew you were friends? Sure, I know him.
But that doesn't- why you protecting them? Can't you see you're being fingered? Beigal wants to deal.
You're the barter.
Beigal and Zalta are out on bail.
It's funny nobody came forward to help you.
Big fish eat littler fish.
I had nothing to do with it.
Beigal and Zalta tell a different story.
You know the truth.
Was it Ruffo? Did he kill Mackey on Masucci's orders? You don't know what you're asking me.
was it Ruffo? Frank Masucci?! Yes? You're under arrest for the murder of Russell Mackey.
You have the right to remain silent.
If you do not choose to exercise that right, anything- Don't ruin lunch for my guests.
Seven to one, I'll be teeing off at La Costa wednesday morning.
what about the eyewitness testimony? Every draw to an inside straight? Greed makes people see things that aren't there.
Mr.
Masucci is a successful businessman.
The DA's office has this irrational vendetta against him and his family simply because of his Sicilian background.
That's not justice.
It's prejudice.
Defense is claiming that this case is based solely on your bias against Mr.
Masucci's background.
The laws of the state of New York draw a line between civil and uncivil behavior.
Some people step over that line.
Against those people, yes, I am prejudiced.
Excuse me.
Please state your full name for the record.
Florence Mackey.
Are you married, Ms.
Mackey? I was.
Objection.
Can the witness produce a certificate of divorce or a death certificate? Sustained.
Who is your husband? Russell Mackey.
And what position did he excuse me, does he hold? He's the President of Local 297.
And when was the last time you spoke to or saw your husband? Last May.
May 16th.
Thank you.
No further questions.
Do you have any children, Mrs.
Mackey? Relevance, Your Honor? I believe that the jury is entitled to hear about the alleged victim's family life, Your Honor.
I'll allow it.
I have a son.
And when was the last time you saw your son? Please answer the question.
Two years ago.
Did you ever think, Mrs.
Mackey, that maybe it's your company that's repellent to the men in your life? Objection, Your Honor! withdrawn.
Mr.
Zalta, what, if any, business relationship do you have with the defendant? I don't know what you mean.
Permission to treat this witness as hostile, Your Honor? Go ahead, Mr.
Stone.
In your dealings in the import-export business, you frequently retain trucking companies.
Is that true? Oh, yes.
was one of those companies Beckner Trucking? Yeah.
And isn't it true, that you have in the past 24 months, used Beckner Trucking for 92% of your deliveries? Could be.
Your Honor? Make your answers j more responsive or you'll be held in contempt.
Did you use Beckner that much? Yeah- yes.
And Beckner is a non-union shop? Yeah.
So naturally, Mr.
Russell Mackey, as president of the trucking union would be very upset.
Isn't that true? I wouldn't know.
Who owns Beckner Trucking? You're under oath, sir.
Frank Masucci? I beg your pardon? Frank Masucci.
It was the 4th of July.
I was at Frank's house.
That's the defendant, Frank Masucci.
Uh, yes.
That's when he told me.
Told you what, Mr.
Beigal? Uh Frank was tired of Mackey showing up with his hand out.
He said it wasn't curiosity that killed the cat, it was greed.
What else did he say? Calls for hearsay, Your Honor.
It's a statement against interest, Your Honor.
Overruled.
He said Mackey would no longer be any trouble.
And he said that Vinnie Ruffo took care of him.
So the defendant confessed to you, that he ordered Russell Mackey's murder? I told you what he said.
Thank you, Mr.
Beigal.
So, you would have us believe that Frank Masucci just volunteered this information.
That's right.
Did he offer any colorful details? Frank said he was disgusted.
He said he wasted four hours trying to convince him.
So no cement shoes? No horse's head in the bed? Your Honor! Mr.
Zuckert.
Mr.
Beigal, isn't it true that you cut a deal with the District Attorney in exchange for this testimony? Yes.
And isn't it also true that the defendant is your brother-in-law? Yes.
There goes that invitation to Christmas dinner, Mr.
Beigal.
Your Honor, please.
Even if we assume that the witness' testimony is true, that my client would be dumb enough to confess to the murder of Mr.
Mackey- the rules of evidence are clear- that where there is no corpus delicti the defendant cannot be convicted on the basis of his confession alone.
where's the beef, Your Honor? There's no proof that Mr.
Mackey is dead, let alone murdered.
Now unless Mr.
Stone can offer some independent corroborating evidence that a crime has been committed, I move for an immediate dismissal.
Thank you for your eloquent summary of the law, Mr.
Zuckert.
Mr.
Stone? The State plans to offer such corroborating evidence, Your Honor.
I'm looking forward to it.
Tomorrow, gentlemen.
So Masucci didn't like paying Mackey off.
But that doesn't mean that he killed him.
The jury is looking to convict, Adam.
I think they believed Beigal's testimony.
Yeah, they may also believe that he'd say anything to stay out of jail.
People don't usually jump at the chance to testify against Frank Masucci.
Skolnick's daughter wasn't pleased.
She knowwho Frank Masucci is? She doesn't care.
I don't know if I do either.
we all know you're infallible when it comes to matters of faith and morals, Ben.
But for some of us, it's not so easy.
Isaac Skolnick is in a hospital bed.
Harv Beigal put him there.
That's real.
I can see that.
Adam? I don't photograph well with egg on my face.
How about you? Since when does losing a case bother you? when it affects the public's perception of this office.
Yes, it's a shame that Beigal walks.
Yes, it bothers me terribly.
And yes, I'd do it again tomorrow and the next day and the day after that to put a Frank Masucci away, 'cause as long as he's free, there'll be more Mackeys and more Skolnicks.
The State calls Joseph Pilefsky.
Bailiff: Raise your right hand.
Do you swear to tell the truth, the whole truth and nothing but the truth, so help you God? Pilefsky: I do.
would you state your full name for the record, please? Joe Pilefsky.
Are you employed, Mr.
Pilefsky? I work at Vincent's, a restaurant on 46th.
Been there three years.
Are you familiar with the name Vinnie Ruffo? Sure.
Is he employed? Vinnie works for Frank.
Masucci? That's right.
when was the last time you met with Mr.
Ruffo? Last spring.
Could it have been May 16th? That sounds about right.
Stone: Tell us what happened at that meeting.
I was at the restaurant.
Vinnie called, asked if he could come in after I closed.
He said he had an important meeting.
And did you oblige him? Sure.
Vinnie and I go way back.
Then what happened? well around 2:00, this guy Mackey comes in and he says he's there to meet with Vinnie so I give him a table.
was anyone else there? Just me.
And then Vinnie showed up.
And then what happened? Garroting.
I had nothing to do with it.
would you explain for the jury the meaning of the word, "garroting"? That's a wire around the neck.
It's over like that.
- Jeez.
- Incredible.
Thank you.
You said you've been at the restaurant for three years, isn't that correct, Mr.
Pilefsky? Yeah, give or take.
Let's not.
Let's try to be precise.
How many nights a week do you work? Six.
Sundays off.
Vacations? I don't like to travel.
So, you worked six nights a week for three years.
That's right.
How's your health? Relevance, Your Honor.
Goes to the credibility of this witness' testimony.
I'll allow it.
I'm fine.
Ever been to a hospital? Yeah.
As a matter of fact, you had an appendicitis earlier this year.
- So? - So.
So I have your hospital records here.
It appears that you had complications following your appendectomy.
It appears that you were confined to a bed at Manhattan Memorial Hospital for the entire month of May, isn't that correct? why are you perjuring yourself, Mr.
Pilefsky? What has Mr.
Stone promised you? Objection, Your Honor! I demand an immediate mistrial.
A continuance, Your Honor.
Approach.
I want a mistrial and sanctions against Mr.
Stone.
Sanctions?! Yes.
Prosecutorial misconduct- knowingly offering perjured testimony.
Get off it, Mr.
Zuckert.
I did not know Mr.
Pilefsky was lying.
That's what you get when you bargain for testimony.
I submit that this entire thing was a set-up and with a continuance- Do you have any proof? well, of course he doesn't.
This is not the first time that an overzealous DA has gone- Does the State plan to offer any further corroborating evidence? with a continuance.
At the expense of my client's reputation.
Mr.
Stone should have a case before he comes to trial.
I'm sorry, Mr.
Stone, but you know the law.
Logan: Dismissed? You mean Masucci walks for good? For Mackey's murder, yes.
Double jeopardy.
what about Beigal? we can still get him for conspiracy and assault on Skolnick.
we made a deal.
He kept his end of the plea bargain.
You got greedy.
They knew it and they set you up.
So Pilefsky's perjury was all part of Frank Masucci's plan to free Beigal.
And unfortunately we can't prove that.
And if we rescind the deal, we lose all credibility in the future.
Hey, they don't play by the rules, why should we? Because that's our job.
Great.
Beigal walks, Masucci walks.
- We got squat.
- Oh, no.
Masucci's not walking.