Law & Order (1990) s01e16 Episode Script
The Torrents of Greed, Part 2
Narrator:.
Joe Pilefsky, a soldier in the Masucci family- hired muscle.
So maybe I roughed up the Russian.
Mario Zalta, a capo in the Masucci family, currently running an untaxed cigarettes scam.
This is New York.
Go figure.
Harv Beigal, the Don's brother-in-law.
The cigarettes go through his warehouse.
Look, you guys want to get something on Frank Masucci, you got the wrong guy.
I'm in reaI estate.
Period.
Frank Masucci- the Don, head of the largest crime family in New York.
As far as I know, Harvey's in the reaI estate business, although you never can tell about in-laws.
These four men conspired to set up Stone.
What do you know about a missing union president? Frank told me he ordered the hit.
Stone brought Masucci to trial for the murder of union president Russell Mackey, not knowing that he had been set up by the Don.
I was at the restaurant, Vinnie called, asked if he could come in after I closed.
Then what happened? Garroting.
Would you explain to the jury the meaning of garroting? It's a wire around the neck.
It's over like that.
It appears that you were confined to a bed at Manhattan MemoriaI HospitaI for the entire month of May.
Isn't that correct? Why are you perjuring yourself, Mr.
Pilefsky? What has Mr.
Stone promised you? I did not know Mr.
Pilefsky was Iying.
I made no deaI with Mr.
Pilefsky, and I submit this entire thing was a set-up.
Great, BeigaI walks, Masucci walks, and we've got squat.
Masucci's not walking.
Reporter: Do you know what the evidence might be? Masucci: Well, I have no idea.
Narrator: Unable to retry Masucci for murder, Stone has had to settle for prosecuting Pilefsky and Zalta for the assault on the Russian candy store owner.
Skolnick: I've owned store 14 years.
I sell newspapers, cigarettes, candy, and lottery tickets.
I'm interested in the cigarettes, Mr.
Skolnick.
Who do you buy them from? Suppliers come and go.
I used, the last two, three years, Easton supply.
And do any other suppliers ever come offer you their cigarettes? Every week.
They give you better deals? They all say they can deliver faster.
And cheaper? A penny here, a nickeI there.
But did any supplier ever come to you and offer you cigarettes at a greatly reduced price? Skolnick: Three months ago, this man said he would sell me as much as I wanted at five bucks off every carton.
How is that possible, Mr.
Skolnick? You see this? This stamp says tax to state was paid.
His cigarettes don't have stamp.
Is the man who tried to sell you those untaxed cigarettes- is he in this courtroom? That man.
Stone: Let the record show that Mr.
Skolnick is pointing to the defendant, Mario Zalta.
He wears fancy suit, but he's a crook.
I tell him I want no part of it.
And what happened then? His friend Pilefsky came to see me.
Doctor says I will never walk again.
I got to tell you, getting convictions on Zalta and Pilefsky is like going to the senior prom and scoring bare wrist.
A friggin' consolation prize.
BeigaI's the one who ran the operation and we can't touch him.
Easy, Max, deaI-making is part of the system.
It makes the wheels of justice turn faster.
It makes them turn period.
With Maximum Matthews handing out the sentence on Messieurs Pilefsky and Zalta, they'll be sleeping on the state for most of the decade.
Yeah, meanwhile BeigaI and Masucci are hobnobbing at the opera.
Justice is blind, Detective.
Nobody said it was fair.
Explain that to them.
Stone: Detective, I don't think you understand who we're talking about here.
Do you know how Masucci became a made man, how he made his bones? He rents a police uniform and walks into a bar and pumps three slugs into the skull of a 73-year-old bookie.
That's just the first of seven murders we know he personally committed, and God knows how many he ordered.
I'll do anything I can to nail the son of a bitch.
You ever hear of Don Quixote? Did you ever hear about David and Goliath? And we have God on our side.
Adam: There's no way you could've predicted that Pilefsky would lie on the stand intending to get caught.
It's unbelievable.
BeigaI walks on the cigarette scam, and double jeopardy protects Masucci from being retried for Mackey's murder.
You want a crying toweI? Where's it written you have to win every case? What do you want to do? Full court press, wiretaps, the works- on Masucci and BeigaI.
They need probable cause to get wiretap warrants.
Go with kidnapping.
BeigaI testified that Mackey was detained before Masucci had him killed.
Wait a minute, Adam.
Even if we found the body we couldn't get a kidnapping conviction.
You said you needed a warrant, not a conviction.
PauI, you're going to talk to Judge Fishbein.
That's a reach, a very creative reach.
I want this bastard as much as you do.
Fishbein's no fooI.
This is the way we play him.
You've already tried Masucci for Mackey's murder.
You lost, Mr.
Robinette.
This is America.
One strike and you're out.
Masucci has never been tried for Mackey's kidnapping.
Question- "Did he offer any colorfuI details?" Answer, BeigaI- "Frank said he was disgusted.
He wasted four hours trying to convince him.
" That's an interesting approach.
All right, let's say for the sake of argument that it's not double jeopardy.
But you're still barred by CPL 40.
40.
You can't split jointly prosecutable offenses.
The testimony I just read to you i was gven on cross.
It was the first we heard of it.
We couldn't charge him for a crime we didn't know about.
Even so, Masucci's confession to BeigaI isn't enough.
You still need corroboration to convict.
That's why we need a warrant.
A warrant.
It sounds like a fishing license to me.
Masucci confessed to BeigaI.
BeigaI took the stand and swore to it.
The People aren't fishing, Your Honor.
The People are counting on the parties under surveillance happening to mention unrelated criminaI activities.
The People have great expectations, Your Honor.
It's a 30-day warrant to monitor BeigaI and Masucci's telephones.
For what? Mackey's kidnapping You're kidding.
and anything else you might hear.
All right! How did you get Fishbein to sign this? We led him to water and he actually drank.
What do you think, Fenton and Vitello? They're on the Dworkin homicide.
Been eight weeks.
They got squat.
In two weeks Dworkin will be just as cold.
Vitello: I live for assignments like this.
Makes me hotter than a firecracker.
Could you fill us in on what caused all this vasco-congestion? BeigaI hasn't left his office yet, but he did order Chinese.
I bet on the orange beef.
Cost him 10 bucks.
Son of a gun orders mu shu at two to one.
No? Guys with glasses.
I can read 'em like a book.
Anything we can actually use against Mr.
BeigaI? Dinner at 8:00 with the missus at Parioli.
That's expensive, not illegaI.
Could get more expensive.
Lunch with LaureI at one.
Very mysterious.
I got 20 says she's a brunette.
The guy wears glasses.
We're talking blond.
So it's about 3:00 a.
m.
I wake up to the sound of barking.
This one has a dog? I wish.
I ask her what's going on, and she says, "Cockroaches.
" Cockroaches that bark? That's what I said.
She says the exterminator was a bust, so she bought a gecko.
It's a lizard.
It's some kind of Gila monster from BraziI or something, I don't know.
And it eats roaches? Down to the last drop.
Barks when it's hungry.
Blond.
Vitello must be working on some kind of ESP.
So BeigaI's got a number on the side, huh? You really think that's enough to get him to roll on Masucci? A wife scorned is a scary prospect.
Logan: Look at that.
Max: Doesn't look like true love to me.
Logan: Business.
Let's see what kind of business LaureI's in.
Nice day.
Come here often? Holster it, cowboy.
Leather bores me.
Nice line.
Bitch.
Hey, maybe he's not cheating.
Not on his wife, anyway.
Yeah.
You know what? I'm going to really enjoy this.
Let's not tip her.
No, we got to do some research.
BeigaI's got six residentiaI buildings, mostly in the village.
Four-story walk-ups.
Rent controlled.
From '80 to '88, BeigaI made "The Post's" Last two years, he's spotless.
Maybe he got religion.
He got a building inspector.
Since '88, all inspections on BeigaI's buildings were done by one LaureI McGinty.
You're saying he bought her? Okay, have the buildings re-inspected.
See what Ms.
McGinty may have overlooked.
What's bribery of a public officiaI? A "D" felony.
Two and a third to seven.
You think it's heavy enough to squeeze something out of BeigaI? Two and a third to seven in Attica? BeigaI's got to know he couldn't do three weeks hard time.
Inspector: Look at that local law 10 violation.
The facade, see? Chipped bricks.
That's a quick two grand.
Buildings was here let's see, two months ago.
Your guy's passed with flying aces.
Inspector must've been dreaming.
But between me and you, buildings is strictly amateur.
We beat 'em six years straight.
Beat 'em? You're city too, what the hell.
We have this wager going, you know? Who can raise the most for the Apple.
Fire against buildings.
Like I told you before, fire department wins every year.
You guys actually bet on who can write the most violations? Tell me you don't bet against parking tickets.
Hey, come on, it's for a good cause.
The city raises a bundle in fines.
Where do you think your last raise came from, anyway? So do we have any more code violations here? Are you kidding? Uh-huh.
Look at that, will you? Defective ladder.
That's another quick two grand.
I inspect five buildings a day, five days a week, So I missed a couple of violations.
I'm human.
You never lost a case, Mr.
Stone? One mistake is human.
Two is perhaps a lapse in concentration.
Three is stupid.
But the same mistake consistently over a period of two years indicates another form of human fallibility here.
Such as what? Greed.
I've done nothing improper.
You had lunch with Harv BeigaI.
It's what they mean by the appearance of impropriety, Miss McGinty.
And I'll do worse than indict you.
You can't prove anything.
Don't count on that.
The DA's subpoena is a powerful weapon.
If I have to I will question every landlord of every building you inspected over a decade.
One of them, I assure you, will turn you in to protect his own good name.
Robinette: We've had the buildings re-inspected.
never made it into your reports.
We'd like to know why.
How much did Beigal pay you to look the other way? Ms.
McGinty, it's not you we're after, it's BeigaI.
If you testify you get immunity.
If you don't, you go to prison.
I'm sure the former is preferable, don't you think? I got it.
Evening, Mr.
BeigaI.
Great, what now? You're under arrest for bribery of a public officiaI.
$300,000 baiI, Your Honor, is not only excessive, it's vindictive.
Mr.
BeigaI is charged with bribery of a city officiaI, a crime that has allowed him to cloak his totaI disregard for the safety and well being of his tenants.
The only thing that is being cloaked here, Your Honor, is the District Attorney's own malicious- That's enough, Mr.
Le Claire.
BaiI is set at $100,000, cash or bond.
You know what you're doing, Mr.
Stone? Yes, Mrs.
BeigaI, I'm attempting to put your brother in prison.
By getting my husband killed? Because that's what you're setting in motion.
Bribery in the second degree.
You'll never convict.
I'll take my chances.
LaureI McGinty is just some piss-ant building inspector.
Okay, maybe Mr.
BeigaI bought her a cup of coffee or a cheese danish every now and then, but no way does that add up to seven years.
No judge is going to take this seriously.
Anyone who offers any benefit, whether it be a cheese danish or the Hope diamond, to a public officiaI with the intention of influencing his or her discretion is guilty of bribery.
And you're wrong, Mr.
Le Claire, some people take that very seriously.
Mountains out of molehills.
Besides, you need evidence of illicit payments.
Ms.
McGinty will prove, I think, a very credible witness.
Who will say anything to save her own skin.
Have you anything else before we see each other in court? Uh-huh.
bribery is a predicate act.
Mr.
BeigaI's company, Meridian Property Management, is an enterprise.
Mr.
BeigaI conducted the affairs of his enterprise through a series of racketeering activities.
Do you know what that spells out, Mr.
BeigaI? RICO- the current favorite federaI felony among publicity-starved US Attorneys.
Now would you care for me to call him? You can't swat flies with nuclear weapons.
Mike Milken got what, Get me the Southern District US Attorney's office, please.
Spare me the theatrics, all right? CanceI the call, thanks.
Nobody wants a triaI, okay? We'll plead to unlawfuI gratuities and give you McGinty.
You don't get my point, do you? I gave Ms.
McGinty a walk.
I want Masucci.
Yeah? And I want to keep on breathing.
Let's go.
We're wasting our time.
Masucci's not dumb enough to do business over his phone.
Maybe we'll get lucky on the pay phones.
People make mistakes, even Dons.
Yeah? We don't even know what we're looking for, by the way.
We'll know it when we see it.
You ask me, you'll never get BeigaI to give up Masucci.
That's not what Stone thinks.
The hitter who supposedly killed Russell Mackey- Ruffo? Yeah.
What's his first name? Vincent.
You got something? Could be.
Dig out last Tuesday's tapes on Masucci's phone.
Man on tape: Hey, Frank, it's Vinnie.
Here we go, this is Masucci.
Masucci: Wen you getting in? Vinnie: Tomorrow.
Good.
I might want you to talk to Beigal.
Really? Yeah.
I'll let you know.
Vinnie? If it is Ruffo, and Masucci tells him to talk to BeigaI, that means that- He's more than just a brother-in-law.
I knew the guy was slime.
Pilefsky used to be buddies with Ruffo.
He could recognize Ruffo's voice.
Hey, stupid isn't suicidaI.
Maybe we can scare him more than Masucci can.
If we can't, I know who can.
Three years ago we nailed a Masucci hitter.
D'Agastino? He should still be in the slam.
What do you say we go rattle Pilefsky's cage? Vinnie on tape: Hey, Frank, it's Vinnie.
Masucci: Wen you getting in? Vinnie: Tomorrow.
Good.
I might want you to talk to Beigal.
Really? Yeah, I'll let you know.
So? So is that Ruffo? Could be.
Could also be Dolly Parton.
What do I know? You're right, Max.
This guy is as stupid as he looks.
I got this friend over at "The Post," hasn't had a hot story for months.
I bet it would be a big boost to his career if I gave him an exclusive on how Joe Pilefsky ratted out Frank Masucci.
What do you think, Max? Old Joe here would be breathing another, what, five, maybe six days? Nah, three tops.
But if he told us about BeigaI's role in the Masucci family business, I'm sure he could live a long and prosperous life.
We got nothing to lose, Joe.
We figure we put the word out on you, tell Zalta we did it, sit back, wait, see what happens.
My bet? He's gonna be very cooperative.
This is illegaI.
Sue us.
Let's go, Mike.
You're bluffing.
Yeah, you're right.
We'd be reaI upset if something happened to a piece of crap like you.
"An unnamed soldier in the Masucci family, already in custody awaiting sentencing on an assault conviction, has been cooperating with the District Attorney's office according to reliable police sources.
" Did Pilefsky get the early edition? All we got to do is turn up the heat.
Guess who's down from Attica for a court appearance? D'Agastino.
We want to offer him a year off his sentence.
I'll get Stone to get it from Judge Fadenhect.
They still do that crap, huh? Verified by three sources.
That's it? That's it.
You'll put it in writing? Signed, sealed and delivered.
DeaI? Take off another year I'll do it naked.
There are three calls on my log from Pilefsky's lawyer and it's not even 10:00.
You got it on tape? Yes, the cameras are always on in the yard.
Here's our friend Mr.
D'Agastino.
Over to Pilefsky.
Stone: Bang, the Judas kiss.
Adam: Brother.
And one scared marked man.
Right on the mouth.
Would you believe that? Mr.
D'Agastino should consider a career in the theater.
It all plays like opera, except they actually kill the singers.
Let's see what key Mr.
Pilefsky sings in.
All right.
Vinnie: Really? Masucci: Yeah.
I'll let you know.
Yeah, yeah.
It's Ruffo.
Those sons of bitches.
Those cops! They planted that story.
Not my department.
Your meeting.
Sure you don't want your attorney present? Is he that stupid?! Oh God, I'm a dead man.
Who the hell do you think pays for my attorney? You got to put me with the feds- new identity, witness protection.
You see how easy that was? You said the magic word.
What word? Witness.
What do you want? Is BeigaI part of the Masucci organization? Is the Pope Polish? How high up is he? Frank keeps himself aloof, you know what I mean? That way nobody can say, "Frank said this.
" Everybody knows BeigaI opens his mouth, it's Frank talking.
That include hits? That especially includes hits.
Is that always the way it's done? Ever since BeigaI married Frank's sister.
Stone: He said that's always the way it's done, from Masucci to BeigaI to the hitter.
So BeigaI must've given the order on Mackey.
We can't retry Masucci, but BeigaI's fair game.
Pilefsky's a convicted i perjurer.
Not strong enough to go to court.
Strong enough to twist BeigaI.
How far can I go? You can deaI him down, but not out.
Prison, not jaiI.
Figure it out.
Turn on your brights, Stone.
My client has nothing to do with Mackey's murder.
We don't even know if he's dead, for God's sake.
True or false, Mr.
BeigaI? Frank Masucci told you that Vincent Ruffo took care of Russell Mackey for good.
Now, before you answer, remember that you testified that fact in court.
If you want to change your mind now, we can tack perjury onto your bribery charge.
He talked, I listened.
No crime in that.
Depends on what you hear.
What I hear is that it was you who gave the Mackey contract to Ruffo.
I hear conspiracy to murder.
And what you hear is 25-to-life.
Without evidence, I hear, "Not guilty.
" We've got Joe Pilefsky.
He's willing to testify to Masucci's entire organization.
You're boat has sprung a leak, Mr.
BeigaI.
You're knee-deep.
Pilefsky's a convicted perjurer.
We've got tapes on Masucci and on Ruffo.
And guess who's name keeps coming up over and over again? The water is rising, gentlemen.
IllegaI tap.
Warrants signed, sealed, and delivered.
It's up to your neck- There's no way, Stone.
There is no way I give up Frank.
Then give me Ruffo.
What do you give me? Man one.
If I testify against Ruffo, I won't live six months.
I'll guarantee you protection.
That's a joke.
You see me laughing? I'll take my chances.
Then tell me where to find Ruffo.
Man two, with a sentencing recommendation.
If I find him, you got your deaI.
Now how's it work? He calls me.
Sends a car to pick me up.
I don't know where I'm going till I get there.
When do you know who he's in town to hit? Frank doesn't let me know till the last minute.
He calls me on the car phone, i gives me a name.
Ruffo meets the car, I give him the name.
There is no way I am going to say this in court.
Two teams have been on BeigaI since he left your office.
Ruffo call? Not yet.
You don't approve.
BeigaI as much as confessed he was involved in Russell Mackey's murder.
I dealt BeigaI down to man two because through BeigaI we get Ruffo.
Through Ruffo we get Masucci.
You trusted BeigaI before.
It backfired.
You wanted- It's not about me.
No? No, it's about getting Masucci.
That's the game we're playing.
What's being played is you.
You let Masucci get under your skin.
Now he's controlling the agenda.
I wasn't aware tenacity in pursuit of a criminaI was a character flaw.
You can dress it up any way you want to, Ben, it still looks like payback time to me.
The Russians say that revenge is the sweetest passion.
Yeah, and the Sicilians say it's a meaI best served cold.
Ruffo just picked up BeigaI.
Headed south on Irving Place.
We got 'em.
What do you think, linguine at Elio's? at Primavera.
They got a white wine and mushroom sauce that dances on your tongue.
We should all eat as well as they do.
Crime pays, Max.
For lunch, anyway.
Max: Change of course.
Left on 16th.
We got 'em.
We'll cruise 14th.
I guess that knocks it for Primavera.
I'm keeping my 20 on the table right now.
We're going to lose them.
We got a problem here.
Take over now.
Where is he? They're heading toward 3rd.
Man: Wy don't you look where you're going? Damn it! Sorry, we checked his office, we checked his house.
You talk to the wife? She wasn't in.
Damn it! We look like jerks here.
There's nothing else we can do tonight.
We'll talk to the limo driver in the morning.
Damn it.
Driver: I get this call.
Pick up Mr.
Harvey Beigal, drive him to the Plaza.
After that it's, "as directed.
" And? I drove him to The Plaza, I let him out, I waited.
And then what? He comes out about three hours later, around 11:00, says I can pack it in.
He didn't want to be taken home? No.
He said he was in the Oak Room, went back inside.
I got the car in around 11:18.
Nice tip, no mess in the back seat.
The best kind of night.
Hmm.
Waitress: Sorry, I can't help you.
Better ask one of the waiters.
We already did.
He was wearing a fedora, if that's any help.
Latest yuppie affectation.
They all want to look like their fathers.
I still can't help you.
Are you sure? The place was busy last night.
If somebody spends three hours at one of my tables, I'm going to remember him, hat or no hat.
Count on it- he wasn't here.
My husband owns property in Connecticut.
It's likely that's where he is.
Well, he wouldn't have called you? Harv's a big boy, and I'm not i a possessive woman.
You have a very trusting relationship.
We respect each other's privacy.
Isn't that the way it's supposed to be? Whatever works.
The point is, Mrs.
BeigaI, your husband had a meeting yesterday with Vincent Ruffo.
He's been MIA ever since.
You've heard of Vincent Ruffo? He's an associate of your brother's.
Sergeant, we have nothing more to talk about.
If you don't mind, I promised to take my daughter shopping.
Hey! Come here.
Driver: What's the big deaI, huh? So maybe I pad the bill by a half an hour.
That a federaI crime? Your passenger never came home.
Maybe he got lucky.
Hey, listen, you don't come clean with us, you're going to be cracking your nuts inside a cage.
Just between us, right? I could lose my chauffeur's license.
Half an hour after he goes into The Plaza, BeigaI comes out with this guy- face like a fist.
They want to borrow my car.
What for? I'm not dumb enough to ask.
He gives me a couple of hundreds and tells me I can pick up the car in three hours at Pier 26.
You always give your car up that easy? Some people you don't say no to.
I get out, guy takes the wheeI, BeigaI gets in beside him.
And when you got the car back? Clean as when it left except a couple more hundred on the seat, and 50 more miles on the odometer.
Car's got a phone, right? Yeah, and a TV too.
Can you tell if the phone was being used? Sure.
The customer gets charged for incoming and outgoing calls.
And last night? Nobody touched it.
You think BeigaI fled the jurisdiction? I think he's dead, and I got a feeling so does Katherine BeigaI.
Masucci had BeigaI Ruffo'd.
The way we see it is, he set up the meeting with BeigaI and Ruffo- that much we got on tape.
But Masucci never called the car to give BeigaI the name of the hit.
Which means that the name was BeigaI.
Stone's right- his own brother-in-law? This guy's a mad dog.
BeigaI might've been family, but he wasn't Family with a Sicilian F.
That'd explain why Mrs.
BeigaI's been calling her brother all afternoon.
Five calls in the last three hours.
Masucci's ducking her.
Probably doesn't want to hear how much she enjoys being a widow.
Great, now we got to keep the taiI on the sister.
NaiI Masucci through his sister? Feels like a reach.
I don't like it either.
You got any better ideas, I'll be glad to take them.
What?! Yeah.
Yeah, yeah.
They'll be there in 15 minutes.
Mrs.
BeigaI is at La Stanza in the Village.
So is Masucci.
It's been an hour.
My guess is he isn't just lingering over dessert.
Listen, you're supposed to know what's better! I like that woman.
Yeah, you would.
Mrs.
BeigaI: Wat Frank and I talked about is our business.
When it involves your husband's disappearance, it becomes our business.
I understand you're caught between conflicting loyalties.
You don't understand anything about my loyalties.
You know what happened to your husband.
So do we.
We can't prove it though.
What exactly does Mrs.
BeigaI know? That Frank Masucci found her husband to be a liability, ordered him killed.
This evidence might help you see the truth of what I'm saying.
This is a recording of a telephone call Vincent Ruffo placed to Frank Masucci two days before your husband's disappearance.
Vinnie on tape: Frank, it's Vinnie.
Masucci: Wen did you get in? Late yesterday.
Howard's the guy you talk to.
But Frank- I said talk to Beigal.
Give him a buzz.
Stone: Wat does "Give him a buzz" mean? What do you think it means? That your brother told Vinnie Ruffo to kill your husband.
Even if we accept your interpretation, what Frank Masucci does has- MichaeI.
What do you want from me, Mr.
Stone? Answers.
Evidence.
I want to find out where your husband is.
It's only rumor.
Hearsay, at best.
Mrs.
BeigaI is not involved with her brother's affairs, and will not, under any circumstances, testify against him.
Remember, this is purely speculation.
Speculate, Mrs.
BeigaI.
There's a place in New Jersey.
Max: What have we got so far? Logan: Masucci's greatest hits.
Double there, single there.
This one's folded in half.
Max: Anyone recent? Cop: Just bones and hair.
The Garden State.
Only to the mob.
I'm still not sure about the jurisdiction.
Let the DA worry about it.
Cop #2: Sergeant, we got a fresh one! Max: Harv Beigal.
Your witness, Counselor.
The charges are: murder in the second degree and conspiracy to commit murder in the second degree.
How do you plead? Not guilty, Your Honor.
Judge: Motions? The defense intends to move that this court lacks jurisdiction in this matter, Your Honor.
A body was found in New Jersey.
There is nothing to link that body to New York City.
The People contend that the murder was committed in New York, Your Honor.
That body was then transported to New Jersey.
I'll hear motions in two weeks, papers to be submitted Monday next.
UntiI that time, Your Honor, the State requests the defendant be held without baiI.
Your Honor, the defendant- Save it, Counselor, this is murder two.
No baiI.
Request a hearing.
It's your prerogative.
We have BeigaI's body.
We have a positive ID on Mackey's remains.
I have means and motive.
What you don't have is one irrefutable piece of evidence that ties Masucci to either one of those bodies.
Without that, I'm not going to let you go to triaI.
What kind of evidence would satisfy you? A witness would be nice.
You're not giving me much running room here.
The last time- This isn't the last time.
Everyone has an agenda, my boy, but I won't let yours take precedence.
I can't have this office dragged through the mud again.
No smoking gun, no triaI.
We've already told you under no circumstances will Katherine testify against her own brother.
Do you actually think I'm privy to any aspect of Frank's life? I'm a woman, Mr.
Stone.
Some traditions never die.
You heard the tape.
I'm only asking you to testify as to its meaning- that Frank Masucci ordered your husband's killing.
Thanks to you, my husband's dead.
You want me dead, too? Frank Masucci'd kill his own sister? What do you think I was telling you that day in court? You've got more than a dozen bodies for God's sake.
What more do you need to make a case against him? Please, don't play dumb with me, Counselor.
We have bodies, we have tapes, We have Harv BeigaI's- In other words, they have nothing.
You can't make your prima facie case.
I grew up in courtrooms, Mr.
Stone, on my father's knee.
You're right.
Without your testimony, we're on thin ice.
So I'll just put you on the stand, with or without i i your permission, and treat you as a hostile witness.
You can subpoena her, but you can't force her to testify.
You might want to remind Mr.
Le Claire what the penalties are for contempt and perjury.
Please, Mr.
Stone, don't put me in this position.
I have small children.
And I have no choice.
I'm sorry.
I have my witness, Adam.
I'm ready to go to triaI.
Her lawyer's right.
You can't compeI her to tell the truth.
Once she's on the stand, she will tell the truth.
Oh, I see.
Now you're psychic.
You realize she'd have to violate every rule she ever grew up with.
Her brother threw the rule book out when he killed her husband.
You've met the woman.
You want to put your faith in her character, I won't second-guess you.
We have a problem.
Masucci's just been bailed out.
Just been what? By whom? You sure he's here? He was doing arrangements.
Lonner! Don't move.
Sure, I knew Masucci's baiI hearing wasn't scheduled untiI Thursday, but his attorney brought it by order to show cause.
You should've called me! I tried, but Judge Overmeyer- Overmeyer? He gave me 10 minutes.
He said no adjournments.
So Masucci's out on baiI, what's the big deaI? Where's he going to go? His sister was standing there with a check for a million bucks.
For a million bucks, I'd- Katherine BeigaI posted his baiI? Yeah.
Robinette: Overmeyer.
Connected? The largest contributor to his campaign fund is New York Cement.
You figure it out.
Why would Katherine BeigaI- I don't want to speculate.
Find her.
Call Cragen, and tell him to pick up Masucci.
For what? I don't give a damn.
For spitting on the sidewalk.
Ben- Now, PauI! We have a warrant for your husband's arrest, Mrs.
Masucci.
Again? He just got out.
What could he have done in five hours? David, take your brother to his room right now! Cute kids.
When they're asleep.
Let's see, Frank said something about some meetings? Try the sociaI club downtown.
That's where he keeps his office, but I suppose you already know that.
When does he usually come home? a business dinner.
He likes to kiss the boys good night.
Can I ask you something? What exactly does your husband do for a living? Investments.
I thought so.
Logan: One and a half more kids they'd be on the cover of "Life" magazine.
The perfect American family.
Masucci had another kid- a boy.
Jumped a red light in his convertible.
Ran square into a pick-up.
DOA.
Funny, the driver of the pick-up walked away without a scratch.
What's funny about that? He died two months later.
Drowned out at Atlantic Beach.
He couldn't swim? He couldn't get out of his truck.
Perfect.
Frank Masucci.
This is a private club.
You just went public.
Mind if we take a look? Take it easy, fellas.
Take it easy.
I haven't seen Frank all day.
Hey, pardon me if I think you're full of it.
I thought you arrested him.
What, he beat you already? We miss his company.
Logan: Were's the office? Listen guys, I don't know what you're talking about.
You can show us now, or we arrest you for obstruction and then you show us.
All right.
Now, now, Max, be sociaI.
What're you looking at, huh? Like I said, he ain't here.
You got something more than an arrest warrant or what? What're you, a lawyer now? Okay, Counselor, where are we likely to find Big Frankie? Why don't you try the Met? Hey, try this! Take it easy, take it easy.
It's dinnertime.
And? Try La Stanza.
Whew.
Mike.
You know what kills me? These guys, they ride around in their limos, they eat lobster, they wear vicuna coats.
Should we let him eat first? While we freeze our asses off out here? Frankie! Logan: We got a shooting on Farrel and Commerce.
Two white males in a gray Cadillac, heading west.
Man: You all right? from under 10 feet.
Somebody wanted to make sure.
Who do you think that somebody was? Katherine BeigaI posted his baiI, then hopped a plane to Miami two hours ago.
She'd posted a million bucks just to waste him? No waste of his baiI.
With Masucci dead, she gets every penny back.
Yeah, well, she did in 10 seconds what we couldn't do in 10 years.
What's that? Put Masucci out of business permanently.
Any civilians hurt? Only the bad guys.
Two in criticaI.
You know what this means.
Bodies'll fall.
It's a Gambino war of succession all over again.
Between whoever's stupid enough to want Masucci's job.
And who do we go after first? Let's see who's left standing in a month.
Adam, this is not what I wanted.
I have no complaints.
Let's go tell the mayor.
Joe Pilefsky, a soldier in the Masucci family- hired muscle.
So maybe I roughed up the Russian.
Mario Zalta, a capo in the Masucci family, currently running an untaxed cigarettes scam.
This is New York.
Go figure.
Harv Beigal, the Don's brother-in-law.
The cigarettes go through his warehouse.
Look, you guys want to get something on Frank Masucci, you got the wrong guy.
I'm in reaI estate.
Period.
Frank Masucci- the Don, head of the largest crime family in New York.
As far as I know, Harvey's in the reaI estate business, although you never can tell about in-laws.
These four men conspired to set up Stone.
What do you know about a missing union president? Frank told me he ordered the hit.
Stone brought Masucci to trial for the murder of union president Russell Mackey, not knowing that he had been set up by the Don.
I was at the restaurant, Vinnie called, asked if he could come in after I closed.
Then what happened? Garroting.
Would you explain to the jury the meaning of garroting? It's a wire around the neck.
It's over like that.
It appears that you were confined to a bed at Manhattan MemoriaI HospitaI for the entire month of May.
Isn't that correct? Why are you perjuring yourself, Mr.
Pilefsky? What has Mr.
Stone promised you? I did not know Mr.
Pilefsky was Iying.
I made no deaI with Mr.
Pilefsky, and I submit this entire thing was a set-up.
Great, BeigaI walks, Masucci walks, and we've got squat.
Masucci's not walking.
Reporter: Do you know what the evidence might be? Masucci: Well, I have no idea.
Narrator: Unable to retry Masucci for murder, Stone has had to settle for prosecuting Pilefsky and Zalta for the assault on the Russian candy store owner.
Skolnick: I've owned store 14 years.
I sell newspapers, cigarettes, candy, and lottery tickets.
I'm interested in the cigarettes, Mr.
Skolnick.
Who do you buy them from? Suppliers come and go.
I used, the last two, three years, Easton supply.
And do any other suppliers ever come offer you their cigarettes? Every week.
They give you better deals? They all say they can deliver faster.
And cheaper? A penny here, a nickeI there.
But did any supplier ever come to you and offer you cigarettes at a greatly reduced price? Skolnick: Three months ago, this man said he would sell me as much as I wanted at five bucks off every carton.
How is that possible, Mr.
Skolnick? You see this? This stamp says tax to state was paid.
His cigarettes don't have stamp.
Is the man who tried to sell you those untaxed cigarettes- is he in this courtroom? That man.
Stone: Let the record show that Mr.
Skolnick is pointing to the defendant, Mario Zalta.
He wears fancy suit, but he's a crook.
I tell him I want no part of it.
And what happened then? His friend Pilefsky came to see me.
Doctor says I will never walk again.
I got to tell you, getting convictions on Zalta and Pilefsky is like going to the senior prom and scoring bare wrist.
A friggin' consolation prize.
BeigaI's the one who ran the operation and we can't touch him.
Easy, Max, deaI-making is part of the system.
It makes the wheels of justice turn faster.
It makes them turn period.
With Maximum Matthews handing out the sentence on Messieurs Pilefsky and Zalta, they'll be sleeping on the state for most of the decade.
Yeah, meanwhile BeigaI and Masucci are hobnobbing at the opera.
Justice is blind, Detective.
Nobody said it was fair.
Explain that to them.
Stone: Detective, I don't think you understand who we're talking about here.
Do you know how Masucci became a made man, how he made his bones? He rents a police uniform and walks into a bar and pumps three slugs into the skull of a 73-year-old bookie.
That's just the first of seven murders we know he personally committed, and God knows how many he ordered.
I'll do anything I can to nail the son of a bitch.
You ever hear of Don Quixote? Did you ever hear about David and Goliath? And we have God on our side.
Adam: There's no way you could've predicted that Pilefsky would lie on the stand intending to get caught.
It's unbelievable.
BeigaI walks on the cigarette scam, and double jeopardy protects Masucci from being retried for Mackey's murder.
You want a crying toweI? Where's it written you have to win every case? What do you want to do? Full court press, wiretaps, the works- on Masucci and BeigaI.
They need probable cause to get wiretap warrants.
Go with kidnapping.
BeigaI testified that Mackey was detained before Masucci had him killed.
Wait a minute, Adam.
Even if we found the body we couldn't get a kidnapping conviction.
You said you needed a warrant, not a conviction.
PauI, you're going to talk to Judge Fishbein.
That's a reach, a very creative reach.
I want this bastard as much as you do.
Fishbein's no fooI.
This is the way we play him.
You've already tried Masucci for Mackey's murder.
You lost, Mr.
Robinette.
This is America.
One strike and you're out.
Masucci has never been tried for Mackey's kidnapping.
Question- "Did he offer any colorfuI details?" Answer, BeigaI- "Frank said he was disgusted.
He wasted four hours trying to convince him.
" That's an interesting approach.
All right, let's say for the sake of argument that it's not double jeopardy.
But you're still barred by CPL 40.
40.
You can't split jointly prosecutable offenses.
The testimony I just read to you i was gven on cross.
It was the first we heard of it.
We couldn't charge him for a crime we didn't know about.
Even so, Masucci's confession to BeigaI isn't enough.
You still need corroboration to convict.
That's why we need a warrant.
A warrant.
It sounds like a fishing license to me.
Masucci confessed to BeigaI.
BeigaI took the stand and swore to it.
The People aren't fishing, Your Honor.
The People are counting on the parties under surveillance happening to mention unrelated criminaI activities.
The People have great expectations, Your Honor.
It's a 30-day warrant to monitor BeigaI and Masucci's telephones.
For what? Mackey's kidnapping You're kidding.
and anything else you might hear.
All right! How did you get Fishbein to sign this? We led him to water and he actually drank.
What do you think, Fenton and Vitello? They're on the Dworkin homicide.
Been eight weeks.
They got squat.
In two weeks Dworkin will be just as cold.
Vitello: I live for assignments like this.
Makes me hotter than a firecracker.
Could you fill us in on what caused all this vasco-congestion? BeigaI hasn't left his office yet, but he did order Chinese.
I bet on the orange beef.
Cost him 10 bucks.
Son of a gun orders mu shu at two to one.
No? Guys with glasses.
I can read 'em like a book.
Anything we can actually use against Mr.
BeigaI? Dinner at 8:00 with the missus at Parioli.
That's expensive, not illegaI.
Could get more expensive.
Lunch with LaureI at one.
Very mysterious.
I got 20 says she's a brunette.
The guy wears glasses.
We're talking blond.
So it's about 3:00 a.
m.
I wake up to the sound of barking.
This one has a dog? I wish.
I ask her what's going on, and she says, "Cockroaches.
" Cockroaches that bark? That's what I said.
She says the exterminator was a bust, so she bought a gecko.
It's a lizard.
It's some kind of Gila monster from BraziI or something, I don't know.
And it eats roaches? Down to the last drop.
Barks when it's hungry.
Blond.
Vitello must be working on some kind of ESP.
So BeigaI's got a number on the side, huh? You really think that's enough to get him to roll on Masucci? A wife scorned is a scary prospect.
Logan: Look at that.
Max: Doesn't look like true love to me.
Logan: Business.
Let's see what kind of business LaureI's in.
Nice day.
Come here often? Holster it, cowboy.
Leather bores me.
Nice line.
Bitch.
Hey, maybe he's not cheating.
Not on his wife, anyway.
Yeah.
You know what? I'm going to really enjoy this.
Let's not tip her.
No, we got to do some research.
BeigaI's got six residentiaI buildings, mostly in the village.
Four-story walk-ups.
Rent controlled.
From '80 to '88, BeigaI made "The Post's" Last two years, he's spotless.
Maybe he got religion.
He got a building inspector.
Since '88, all inspections on BeigaI's buildings were done by one LaureI McGinty.
You're saying he bought her? Okay, have the buildings re-inspected.
See what Ms.
McGinty may have overlooked.
What's bribery of a public officiaI? A "D" felony.
Two and a third to seven.
You think it's heavy enough to squeeze something out of BeigaI? Two and a third to seven in Attica? BeigaI's got to know he couldn't do three weeks hard time.
Inspector: Look at that local law 10 violation.
The facade, see? Chipped bricks.
That's a quick two grand.
Buildings was here let's see, two months ago.
Your guy's passed with flying aces.
Inspector must've been dreaming.
But between me and you, buildings is strictly amateur.
We beat 'em six years straight.
Beat 'em? You're city too, what the hell.
We have this wager going, you know? Who can raise the most for the Apple.
Fire against buildings.
Like I told you before, fire department wins every year.
You guys actually bet on who can write the most violations? Tell me you don't bet against parking tickets.
Hey, come on, it's for a good cause.
The city raises a bundle in fines.
Where do you think your last raise came from, anyway? So do we have any more code violations here? Are you kidding? Uh-huh.
Look at that, will you? Defective ladder.
That's another quick two grand.
I inspect five buildings a day, five days a week, So I missed a couple of violations.
I'm human.
You never lost a case, Mr.
Stone? One mistake is human.
Two is perhaps a lapse in concentration.
Three is stupid.
But the same mistake consistently over a period of two years indicates another form of human fallibility here.
Such as what? Greed.
I've done nothing improper.
You had lunch with Harv BeigaI.
It's what they mean by the appearance of impropriety, Miss McGinty.
And I'll do worse than indict you.
You can't prove anything.
Don't count on that.
The DA's subpoena is a powerful weapon.
If I have to I will question every landlord of every building you inspected over a decade.
One of them, I assure you, will turn you in to protect his own good name.
Robinette: We've had the buildings re-inspected.
never made it into your reports.
We'd like to know why.
How much did Beigal pay you to look the other way? Ms.
McGinty, it's not you we're after, it's BeigaI.
If you testify you get immunity.
If you don't, you go to prison.
I'm sure the former is preferable, don't you think? I got it.
Evening, Mr.
BeigaI.
Great, what now? You're under arrest for bribery of a public officiaI.
$300,000 baiI, Your Honor, is not only excessive, it's vindictive.
Mr.
BeigaI is charged with bribery of a city officiaI, a crime that has allowed him to cloak his totaI disregard for the safety and well being of his tenants.
The only thing that is being cloaked here, Your Honor, is the District Attorney's own malicious- That's enough, Mr.
Le Claire.
BaiI is set at $100,000, cash or bond.
You know what you're doing, Mr.
Stone? Yes, Mrs.
BeigaI, I'm attempting to put your brother in prison.
By getting my husband killed? Because that's what you're setting in motion.
Bribery in the second degree.
You'll never convict.
I'll take my chances.
LaureI McGinty is just some piss-ant building inspector.
Okay, maybe Mr.
BeigaI bought her a cup of coffee or a cheese danish every now and then, but no way does that add up to seven years.
No judge is going to take this seriously.
Anyone who offers any benefit, whether it be a cheese danish or the Hope diamond, to a public officiaI with the intention of influencing his or her discretion is guilty of bribery.
And you're wrong, Mr.
Le Claire, some people take that very seriously.
Mountains out of molehills.
Besides, you need evidence of illicit payments.
Ms.
McGinty will prove, I think, a very credible witness.
Who will say anything to save her own skin.
Have you anything else before we see each other in court? Uh-huh.
bribery is a predicate act.
Mr.
BeigaI's company, Meridian Property Management, is an enterprise.
Mr.
BeigaI conducted the affairs of his enterprise through a series of racketeering activities.
Do you know what that spells out, Mr.
BeigaI? RICO- the current favorite federaI felony among publicity-starved US Attorneys.
Now would you care for me to call him? You can't swat flies with nuclear weapons.
Mike Milken got what, Get me the Southern District US Attorney's office, please.
Spare me the theatrics, all right? CanceI the call, thanks.
Nobody wants a triaI, okay? We'll plead to unlawfuI gratuities and give you McGinty.
You don't get my point, do you? I gave Ms.
McGinty a walk.
I want Masucci.
Yeah? And I want to keep on breathing.
Let's go.
We're wasting our time.
Masucci's not dumb enough to do business over his phone.
Maybe we'll get lucky on the pay phones.
People make mistakes, even Dons.
Yeah? We don't even know what we're looking for, by the way.
We'll know it when we see it.
You ask me, you'll never get BeigaI to give up Masucci.
That's not what Stone thinks.
The hitter who supposedly killed Russell Mackey- Ruffo? Yeah.
What's his first name? Vincent.
You got something? Could be.
Dig out last Tuesday's tapes on Masucci's phone.
Man on tape: Hey, Frank, it's Vinnie.
Here we go, this is Masucci.
Masucci: Wen you getting in? Vinnie: Tomorrow.
Good.
I might want you to talk to Beigal.
Really? Yeah.
I'll let you know.
Vinnie? If it is Ruffo, and Masucci tells him to talk to BeigaI, that means that- He's more than just a brother-in-law.
I knew the guy was slime.
Pilefsky used to be buddies with Ruffo.
He could recognize Ruffo's voice.
Hey, stupid isn't suicidaI.
Maybe we can scare him more than Masucci can.
If we can't, I know who can.
Three years ago we nailed a Masucci hitter.
D'Agastino? He should still be in the slam.
What do you say we go rattle Pilefsky's cage? Vinnie on tape: Hey, Frank, it's Vinnie.
Masucci: Wen you getting in? Vinnie: Tomorrow.
Good.
I might want you to talk to Beigal.
Really? Yeah, I'll let you know.
So? So is that Ruffo? Could be.
Could also be Dolly Parton.
What do I know? You're right, Max.
This guy is as stupid as he looks.
I got this friend over at "The Post," hasn't had a hot story for months.
I bet it would be a big boost to his career if I gave him an exclusive on how Joe Pilefsky ratted out Frank Masucci.
What do you think, Max? Old Joe here would be breathing another, what, five, maybe six days? Nah, three tops.
But if he told us about BeigaI's role in the Masucci family business, I'm sure he could live a long and prosperous life.
We got nothing to lose, Joe.
We figure we put the word out on you, tell Zalta we did it, sit back, wait, see what happens.
My bet? He's gonna be very cooperative.
This is illegaI.
Sue us.
Let's go, Mike.
You're bluffing.
Yeah, you're right.
We'd be reaI upset if something happened to a piece of crap like you.
"An unnamed soldier in the Masucci family, already in custody awaiting sentencing on an assault conviction, has been cooperating with the District Attorney's office according to reliable police sources.
" Did Pilefsky get the early edition? All we got to do is turn up the heat.
Guess who's down from Attica for a court appearance? D'Agastino.
We want to offer him a year off his sentence.
I'll get Stone to get it from Judge Fadenhect.
They still do that crap, huh? Verified by three sources.
That's it? That's it.
You'll put it in writing? Signed, sealed and delivered.
DeaI? Take off another year I'll do it naked.
There are three calls on my log from Pilefsky's lawyer and it's not even 10:00.
You got it on tape? Yes, the cameras are always on in the yard.
Here's our friend Mr.
D'Agastino.
Over to Pilefsky.
Stone: Bang, the Judas kiss.
Adam: Brother.
And one scared marked man.
Right on the mouth.
Would you believe that? Mr.
D'Agastino should consider a career in the theater.
It all plays like opera, except they actually kill the singers.
Let's see what key Mr.
Pilefsky sings in.
All right.
Vinnie: Really? Masucci: Yeah.
I'll let you know.
Yeah, yeah.
It's Ruffo.
Those sons of bitches.
Those cops! They planted that story.
Not my department.
Your meeting.
Sure you don't want your attorney present? Is he that stupid?! Oh God, I'm a dead man.
Who the hell do you think pays for my attorney? You got to put me with the feds- new identity, witness protection.
You see how easy that was? You said the magic word.
What word? Witness.
What do you want? Is BeigaI part of the Masucci organization? Is the Pope Polish? How high up is he? Frank keeps himself aloof, you know what I mean? That way nobody can say, "Frank said this.
" Everybody knows BeigaI opens his mouth, it's Frank talking.
That include hits? That especially includes hits.
Is that always the way it's done? Ever since BeigaI married Frank's sister.
Stone: He said that's always the way it's done, from Masucci to BeigaI to the hitter.
So BeigaI must've given the order on Mackey.
We can't retry Masucci, but BeigaI's fair game.
Pilefsky's a convicted i perjurer.
Not strong enough to go to court.
Strong enough to twist BeigaI.
How far can I go? You can deaI him down, but not out.
Prison, not jaiI.
Figure it out.
Turn on your brights, Stone.
My client has nothing to do with Mackey's murder.
We don't even know if he's dead, for God's sake.
True or false, Mr.
BeigaI? Frank Masucci told you that Vincent Ruffo took care of Russell Mackey for good.
Now, before you answer, remember that you testified that fact in court.
If you want to change your mind now, we can tack perjury onto your bribery charge.
He talked, I listened.
No crime in that.
Depends on what you hear.
What I hear is that it was you who gave the Mackey contract to Ruffo.
I hear conspiracy to murder.
And what you hear is 25-to-life.
Without evidence, I hear, "Not guilty.
" We've got Joe Pilefsky.
He's willing to testify to Masucci's entire organization.
You're boat has sprung a leak, Mr.
BeigaI.
You're knee-deep.
Pilefsky's a convicted perjurer.
We've got tapes on Masucci and on Ruffo.
And guess who's name keeps coming up over and over again? The water is rising, gentlemen.
IllegaI tap.
Warrants signed, sealed, and delivered.
It's up to your neck- There's no way, Stone.
There is no way I give up Frank.
Then give me Ruffo.
What do you give me? Man one.
If I testify against Ruffo, I won't live six months.
I'll guarantee you protection.
That's a joke.
You see me laughing? I'll take my chances.
Then tell me where to find Ruffo.
Man two, with a sentencing recommendation.
If I find him, you got your deaI.
Now how's it work? He calls me.
Sends a car to pick me up.
I don't know where I'm going till I get there.
When do you know who he's in town to hit? Frank doesn't let me know till the last minute.
He calls me on the car phone, i gives me a name.
Ruffo meets the car, I give him the name.
There is no way I am going to say this in court.
Two teams have been on BeigaI since he left your office.
Ruffo call? Not yet.
You don't approve.
BeigaI as much as confessed he was involved in Russell Mackey's murder.
I dealt BeigaI down to man two because through BeigaI we get Ruffo.
Through Ruffo we get Masucci.
You trusted BeigaI before.
It backfired.
You wanted- It's not about me.
No? No, it's about getting Masucci.
That's the game we're playing.
What's being played is you.
You let Masucci get under your skin.
Now he's controlling the agenda.
I wasn't aware tenacity in pursuit of a criminaI was a character flaw.
You can dress it up any way you want to, Ben, it still looks like payback time to me.
The Russians say that revenge is the sweetest passion.
Yeah, and the Sicilians say it's a meaI best served cold.
Ruffo just picked up BeigaI.
Headed south on Irving Place.
We got 'em.
What do you think, linguine at Elio's? at Primavera.
They got a white wine and mushroom sauce that dances on your tongue.
We should all eat as well as they do.
Crime pays, Max.
For lunch, anyway.
Max: Change of course.
Left on 16th.
We got 'em.
We'll cruise 14th.
I guess that knocks it for Primavera.
I'm keeping my 20 on the table right now.
We're going to lose them.
We got a problem here.
Take over now.
Where is he? They're heading toward 3rd.
Man: Wy don't you look where you're going? Damn it! Sorry, we checked his office, we checked his house.
You talk to the wife? She wasn't in.
Damn it! We look like jerks here.
There's nothing else we can do tonight.
We'll talk to the limo driver in the morning.
Damn it.
Driver: I get this call.
Pick up Mr.
Harvey Beigal, drive him to the Plaza.
After that it's, "as directed.
" And? I drove him to The Plaza, I let him out, I waited.
And then what? He comes out about three hours later, around 11:00, says I can pack it in.
He didn't want to be taken home? No.
He said he was in the Oak Room, went back inside.
I got the car in around 11:18.
Nice tip, no mess in the back seat.
The best kind of night.
Hmm.
Waitress: Sorry, I can't help you.
Better ask one of the waiters.
We already did.
He was wearing a fedora, if that's any help.
Latest yuppie affectation.
They all want to look like their fathers.
I still can't help you.
Are you sure? The place was busy last night.
If somebody spends three hours at one of my tables, I'm going to remember him, hat or no hat.
Count on it- he wasn't here.
My husband owns property in Connecticut.
It's likely that's where he is.
Well, he wouldn't have called you? Harv's a big boy, and I'm not i a possessive woman.
You have a very trusting relationship.
We respect each other's privacy.
Isn't that the way it's supposed to be? Whatever works.
The point is, Mrs.
BeigaI, your husband had a meeting yesterday with Vincent Ruffo.
He's been MIA ever since.
You've heard of Vincent Ruffo? He's an associate of your brother's.
Sergeant, we have nothing more to talk about.
If you don't mind, I promised to take my daughter shopping.
Hey! Come here.
Driver: What's the big deaI, huh? So maybe I pad the bill by a half an hour.
That a federaI crime? Your passenger never came home.
Maybe he got lucky.
Hey, listen, you don't come clean with us, you're going to be cracking your nuts inside a cage.
Just between us, right? I could lose my chauffeur's license.
Half an hour after he goes into The Plaza, BeigaI comes out with this guy- face like a fist.
They want to borrow my car.
What for? I'm not dumb enough to ask.
He gives me a couple of hundreds and tells me I can pick up the car in three hours at Pier 26.
You always give your car up that easy? Some people you don't say no to.
I get out, guy takes the wheeI, BeigaI gets in beside him.
And when you got the car back? Clean as when it left except a couple more hundred on the seat, and 50 more miles on the odometer.
Car's got a phone, right? Yeah, and a TV too.
Can you tell if the phone was being used? Sure.
The customer gets charged for incoming and outgoing calls.
And last night? Nobody touched it.
You think BeigaI fled the jurisdiction? I think he's dead, and I got a feeling so does Katherine BeigaI.
Masucci had BeigaI Ruffo'd.
The way we see it is, he set up the meeting with BeigaI and Ruffo- that much we got on tape.
But Masucci never called the car to give BeigaI the name of the hit.
Which means that the name was BeigaI.
Stone's right- his own brother-in-law? This guy's a mad dog.
BeigaI might've been family, but he wasn't Family with a Sicilian F.
That'd explain why Mrs.
BeigaI's been calling her brother all afternoon.
Five calls in the last three hours.
Masucci's ducking her.
Probably doesn't want to hear how much she enjoys being a widow.
Great, now we got to keep the taiI on the sister.
NaiI Masucci through his sister? Feels like a reach.
I don't like it either.
You got any better ideas, I'll be glad to take them.
What?! Yeah.
Yeah, yeah.
They'll be there in 15 minutes.
Mrs.
BeigaI is at La Stanza in the Village.
So is Masucci.
It's been an hour.
My guess is he isn't just lingering over dessert.
Listen, you're supposed to know what's better! I like that woman.
Yeah, you would.
Mrs.
BeigaI: Wat Frank and I talked about is our business.
When it involves your husband's disappearance, it becomes our business.
I understand you're caught between conflicting loyalties.
You don't understand anything about my loyalties.
You know what happened to your husband.
So do we.
We can't prove it though.
What exactly does Mrs.
BeigaI know? That Frank Masucci found her husband to be a liability, ordered him killed.
This evidence might help you see the truth of what I'm saying.
This is a recording of a telephone call Vincent Ruffo placed to Frank Masucci two days before your husband's disappearance.
Vinnie on tape: Frank, it's Vinnie.
Masucci: Wen did you get in? Late yesterday.
Howard's the guy you talk to.
But Frank- I said talk to Beigal.
Give him a buzz.
Stone: Wat does "Give him a buzz" mean? What do you think it means? That your brother told Vinnie Ruffo to kill your husband.
Even if we accept your interpretation, what Frank Masucci does has- MichaeI.
What do you want from me, Mr.
Stone? Answers.
Evidence.
I want to find out where your husband is.
It's only rumor.
Hearsay, at best.
Mrs.
BeigaI is not involved with her brother's affairs, and will not, under any circumstances, testify against him.
Remember, this is purely speculation.
Speculate, Mrs.
BeigaI.
There's a place in New Jersey.
Max: What have we got so far? Logan: Masucci's greatest hits.
Double there, single there.
This one's folded in half.
Max: Anyone recent? Cop: Just bones and hair.
The Garden State.
Only to the mob.
I'm still not sure about the jurisdiction.
Let the DA worry about it.
Cop #2: Sergeant, we got a fresh one! Max: Harv Beigal.
Your witness, Counselor.
The charges are: murder in the second degree and conspiracy to commit murder in the second degree.
How do you plead? Not guilty, Your Honor.
Judge: Motions? The defense intends to move that this court lacks jurisdiction in this matter, Your Honor.
A body was found in New Jersey.
There is nothing to link that body to New York City.
The People contend that the murder was committed in New York, Your Honor.
That body was then transported to New Jersey.
I'll hear motions in two weeks, papers to be submitted Monday next.
UntiI that time, Your Honor, the State requests the defendant be held without baiI.
Your Honor, the defendant- Save it, Counselor, this is murder two.
No baiI.
Request a hearing.
It's your prerogative.
We have BeigaI's body.
We have a positive ID on Mackey's remains.
I have means and motive.
What you don't have is one irrefutable piece of evidence that ties Masucci to either one of those bodies.
Without that, I'm not going to let you go to triaI.
What kind of evidence would satisfy you? A witness would be nice.
You're not giving me much running room here.
The last time- This isn't the last time.
Everyone has an agenda, my boy, but I won't let yours take precedence.
I can't have this office dragged through the mud again.
No smoking gun, no triaI.
We've already told you under no circumstances will Katherine testify against her own brother.
Do you actually think I'm privy to any aspect of Frank's life? I'm a woman, Mr.
Stone.
Some traditions never die.
You heard the tape.
I'm only asking you to testify as to its meaning- that Frank Masucci ordered your husband's killing.
Thanks to you, my husband's dead.
You want me dead, too? Frank Masucci'd kill his own sister? What do you think I was telling you that day in court? You've got more than a dozen bodies for God's sake.
What more do you need to make a case against him? Please, don't play dumb with me, Counselor.
We have bodies, we have tapes, We have Harv BeigaI's- In other words, they have nothing.
You can't make your prima facie case.
I grew up in courtrooms, Mr.
Stone, on my father's knee.
You're right.
Without your testimony, we're on thin ice.
So I'll just put you on the stand, with or without i i your permission, and treat you as a hostile witness.
You can subpoena her, but you can't force her to testify.
You might want to remind Mr.
Le Claire what the penalties are for contempt and perjury.
Please, Mr.
Stone, don't put me in this position.
I have small children.
And I have no choice.
I'm sorry.
I have my witness, Adam.
I'm ready to go to triaI.
Her lawyer's right.
You can't compeI her to tell the truth.
Once she's on the stand, she will tell the truth.
Oh, I see.
Now you're psychic.
You realize she'd have to violate every rule she ever grew up with.
Her brother threw the rule book out when he killed her husband.
You've met the woman.
You want to put your faith in her character, I won't second-guess you.
We have a problem.
Masucci's just been bailed out.
Just been what? By whom? You sure he's here? He was doing arrangements.
Lonner! Don't move.
Sure, I knew Masucci's baiI hearing wasn't scheduled untiI Thursday, but his attorney brought it by order to show cause.
You should've called me! I tried, but Judge Overmeyer- Overmeyer? He gave me 10 minutes.
He said no adjournments.
So Masucci's out on baiI, what's the big deaI? Where's he going to go? His sister was standing there with a check for a million bucks.
For a million bucks, I'd- Katherine BeigaI posted his baiI? Yeah.
Robinette: Overmeyer.
Connected? The largest contributor to his campaign fund is New York Cement.
You figure it out.
Why would Katherine BeigaI- I don't want to speculate.
Find her.
Call Cragen, and tell him to pick up Masucci.
For what? I don't give a damn.
For spitting on the sidewalk.
Ben- Now, PauI! We have a warrant for your husband's arrest, Mrs.
Masucci.
Again? He just got out.
What could he have done in five hours? David, take your brother to his room right now! Cute kids.
When they're asleep.
Let's see, Frank said something about some meetings? Try the sociaI club downtown.
That's where he keeps his office, but I suppose you already know that.
When does he usually come home? a business dinner.
He likes to kiss the boys good night.
Can I ask you something? What exactly does your husband do for a living? Investments.
I thought so.
Logan: One and a half more kids they'd be on the cover of "Life" magazine.
The perfect American family.
Masucci had another kid- a boy.
Jumped a red light in his convertible.
Ran square into a pick-up.
DOA.
Funny, the driver of the pick-up walked away without a scratch.
What's funny about that? He died two months later.
Drowned out at Atlantic Beach.
He couldn't swim? He couldn't get out of his truck.
Perfect.
Frank Masucci.
This is a private club.
You just went public.
Mind if we take a look? Take it easy, fellas.
Take it easy.
I haven't seen Frank all day.
Hey, pardon me if I think you're full of it.
I thought you arrested him.
What, he beat you already? We miss his company.
Logan: Were's the office? Listen guys, I don't know what you're talking about.
You can show us now, or we arrest you for obstruction and then you show us.
All right.
Now, now, Max, be sociaI.
What're you looking at, huh? Like I said, he ain't here.
You got something more than an arrest warrant or what? What're you, a lawyer now? Okay, Counselor, where are we likely to find Big Frankie? Why don't you try the Met? Hey, try this! Take it easy, take it easy.
It's dinnertime.
And? Try La Stanza.
Whew.
Mike.
You know what kills me? These guys, they ride around in their limos, they eat lobster, they wear vicuna coats.
Should we let him eat first? While we freeze our asses off out here? Frankie! Logan: We got a shooting on Farrel and Commerce.
Two white males in a gray Cadillac, heading west.
Man: You all right? from under 10 feet.
Somebody wanted to make sure.
Who do you think that somebody was? Katherine BeigaI posted his baiI, then hopped a plane to Miami two hours ago.
She'd posted a million bucks just to waste him? No waste of his baiI.
With Masucci dead, she gets every penny back.
Yeah, well, she did in 10 seconds what we couldn't do in 10 years.
What's that? Put Masucci out of business permanently.
Any civilians hurt? Only the bad guys.
Two in criticaI.
You know what this means.
Bodies'll fall.
It's a Gambino war of succession all over again.
Between whoever's stupid enough to want Masucci's job.
And who do we go after first? Let's see who's left standing in a month.
Adam, this is not what I wanted.
I have no complaints.
Let's go tell the mayor.