Law & Order (1990) s01e20 Episode Script
The Troubles
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.
well well, what? They're late! when you deal with the feds, you know it's gonna get screwed up.
Hey, Roberts, what's your guy in for? Aw, drug smuggling, j gun running.
He's Lebanese.
He brings the drugs in, takes the guns out.
Sometimes the other way around.
He's an entrepreneur.
Great.
How do you know he's gonna sing? we got six months of footwork hanging on his testimony.
we got the DA to go to bat with the US Attorney.
He can't wait to play canary.
Mine's innocent.
Yeah right.
Mr.
O'Connell says he's a political prisoner, unfairly held without trial.
Ours claims he's being persecuted because he's Cuban.
The mick says it's because he's Irish- and belongs to the IRA.
They should send them all back where they come from.
Max: What about Italians, Damato? I- talians is different.
Gentlemen.
After you, Max.
Hey, Roberts! Looks like your entrepreneur just went into Chapter 11.
what the hell happened here?! Logan: Take another from the other side.
Get a wideshot of the three of them.
Smile, fellas.
Officer:.
Come on, pal, let's go.
who's in charge? I'm senior.
Detective Sergeant Max Greevey.
Special Agent Axelrod.
what the hell happened here? Three guys shackled together.
One of 'em's dead.
Houdini routine.
The two other guys never saw a thing.
Just what I freakin' needed today.
All right, let's get all you Sherlock Holmses down to the Federal Building.
whoa! why's that? why's that?! Because a federal prisoner's dead, that's why.
And that makes it our case.
Doesn't play that way.
They signed all three of them over to us at the Federal Detention Center.
Our prisoners, our case.
Show him the paperwork.
worthless bag of crap! Six months I put in on this case, six months! Look, gentlemen, all we want to know is, who's responsible? I'd say it's either Montez or O'Connell.
Roberts: I'll find out! Gimme 10 minutes alone with these two jerks, I'll pound it out of them! Hey, hey! Hey, Roberts, thanks anyway, we'll beat our own prisoners.
what I meant was, who's jurisdiction are we in? NYPD's.
Fine! You get the stiff.
They're back in federal custody as of now.
wait a second! I got signed paperwork.
I need O'Connell.
I got six westies upstairs on trial.
O'Connell's IRA, why do you need him for a case against the westies? what difference does it make?! He's been subpoenaed! Gentlemen, gentlemen, I think we need to prioritize.
Prioritize my ass! I'm senior on the scene, it's my homicide! I got a witness to interview.
I have an investigation to start.
This is ridiculous, you do what you want.
I'm taking these federal prisoners back to the detention center.
Now.
You just let the feebs waltz off with two homicide suspects? You think we should have had a shootout over them? The FBI has no right to interfere with a homicide investigation! They are federal prisoners, Captain.
Signed over to us! They had no jurisdiction.
You have any idea what this investigation is going to be like now.
what's the problem? They gotta wanna close this.
what's the problem? He's never worked a case with the "G" before? They don't cooperate.
They think they're God Almighty.
A case with federal prisoners involved? Every time you even want to see one of them, you gotta see the superintendent of the facility, genuflect going in and coming out.
I want this thing wrapped up fast- like yesterday! what gives, Montez? You spoke English just fine last week.
No comprende.
Yo sabes qui, muerto Uh qui muerto Mustafa? Montez: Tu? No, yo! Yo sabes.
O yo muerto.
Tu sabes, o tu muerto? where's the damn interpreter? I think yo means "I.
" what? You're saying "I killed Mustafa.
" Then you do it! No, tu Ooo-oooh! woman: Having trouble? He's in culture shock.
Como esta? Ahhh, no es mi culpa.
He says he's not guilty.
Of course, tell him we believe him.
well? You don't want to know.
Basically, he's not talking until his lawyer gets here.
Let's try the mick.
I'm sure there were a couple of Logans down Dingle way.
One had the pub, the other had the funeral parlor.
That about covers it! O'Connell: They were staunch republicans, the Logans, they fought for the Republic of Ireland.
Not like your republicans in America.
About the dead Arab? There's some Greeveys in County Mayo- where's your family from, Sergeant? Hell's Kitchen.
Ahhh.
well, at least your partner knows his history.
See if you can cover some recent history, okay, Mike? No?! That's what I said, Sergeant.
I gave you permission to interview Montez and O'Connell, not the other prisoners.
Let me get this straight.
You're telling me to investigate a homicide without interviewing witnesses?! There were only two witnesses - Montez and O'Connell.
Character witnesses then! Guys who might have heard something.
what is this?! what is this? This is non-cooperation, Sergeant.
what the hell is going on? It's a political hand grenade.
what do you know about extradition law?.
It takes a lot of paperwork.
And a lot of loopholes.
O'Connell entered the country in '85.
Legally? No, he walked in from Canada.
The British issued a warrant against him for terrorism.
So the FBl pops him, they bring him here.
So why didn't you put him on a plane? He found the right judge.
Ruled that whatever he had done was not "common crime," but related to the IRA's political goal of a unified Ireland.
A federal judge said this? It gets worse.
INS goes to immigration court, immigration judge orders him deported.
But he's still here! Because the minute the deportation order comes down, he applies for political asylum.
So if he did kill Mustafa? Off the record? If we have to bring him to trial, or if we need him as a witness against Montez, then he has to stay here.
Nobody wants that.
Maybe nobody with a federal paycheck wants that, but me, I'm just a cop after a killer.
All I'm saying is, obviously it's not that cut and dried.
You got a federal judge who says it's political.
You telling me you buy that Blarney Stone crap he's been spewing? You know, it's weird.
Two of our grandparents come from the same town.
we've both got uncles that's priests.
And you're both Libras.
That's destiny for you.
what's the matter with you? Nothing.
I just never seen you get so chummy with a perp before.
Perp? Come on, Max.
what do you want, huh? You that sure it's Montez who did it, huh? O'Connell never killed anybody.
No? No.
why is he in a federal facility as a terrorist? Accused terrorist.
It's political.
He's never even been charged! what are you talking about, Mike? He's been in the can for five years! That's right! held without charge, without trial, without bail, huh? Makes you think, doesn't it? Think what?! He's a bomb-thrower! He deserves it.
You know how I'd feel if that were true.
O'Connell's never thrown a bomb in his life.
The man's a thinker.
He's an organizer.
He's a patriot.
Oh, for the love of God, where'd you get all this? From my uncle- the priest.
But then he's always been full of that "blarney stone" crap, too.
I don't give a damn about the feds' image problem.
I want one of those two birds in here with or without translator, but with legal counsel.
I want him to fink out the other guy.
Logan: It's the Cuban.
what is? He's already put Montez away.
Irish intuition.
why don't you just get his sheet instead? Hey, 10 bucks says it ties him to Mustafa.
Maybe you could also take your intuition over to the deceased's place of business.
You know, check out the vibe, if that's not too much trouble.
Mrs.
Mustafa? we're sorry about your husband.
why? what has happened? You haven't been notified? About what? Aw, Jeez.
Ahmed's dead, Mrs.
Mustafa.
we're sorry.
Ma'am Pay up! what's that, a signed confession? Montez, Savino Joaquin.
Born in Cuba, blah, blah, blah.
Convictions? Twice, murder two.
Both by strangulation.
Lemme guess.
Coroner's report on Mr.
Mustafa.
Crushed larynx, broken windpipe, strangulation.
Montez five- no, make that six possessions of heroin.
Twice with intent to sell.
Now that's in the free world, God knows what kind of pranks he pulled in Cuba.
And Mustafa was a heroin dealer.
we establish a relationship in Leavenworth, we got motive.
You straighten out the feds yet, about interviewing the other prisoners? No.
we'd like to clean it up ASAP, Captain.
You know, the way you wanted it? we want to move on Montez.
That won't be necessary, gentlemen.
what are- what is he talking about? According to him, there is no homicide case.
Oh? And why is that? Mustafa's not dead.
Don't laugh.
The "G" has Elvis at Terminal Island in California.
Oh, a miracle! See, once I saw the coroner wrote "crushed larynx, DOA, dead as a doornail," I was convinced.
Nevertheless, he's still alive as far as everyone on his rolodex knows.
why the hell is that so important? Because I said it is, Sergeant.
It's national security.
Mustafa had his greasy fingers in a lot of pies.
He was helping us.
Certain people find out he's dead, we're back to square one.
Don't worry- you're already there.
we already told his wife he was with Allah yesterday.
Cops.
Unless you got some other fairy tales you want to tell us, we're gonna see Montez, because he's convinced Mustafa's dead.
Max: I don't believe it! God Almighty, wasn't anybody watching him? we can't watch anyone Son of a bitch.
It looks like Montez checked out, but you never know anymore.
what is that supposed to mean? Nothing.
No, really.
what was that crack? Just that you feds can bring guys back from the dead.
It's amazing.
So, uh I guess we'll call it an accidental hanging, huh? I guess we'll call it what the coroner does when he gets here.
why don't you stick around in case this stiff comes back to life too? I still have a homicide to investigate, and I expect you to start cooperating! Like I told you before, Sergeant, you're free to interrogate O'Connell to your heart's content.
But the other inmates are still off limits.
Two prisoners under your jurisdiction are no longer with us! One, Mustafa- as you're so fond of reminding me- he was murdered on your turf.
Look, we've each got a job to do, it's nothing personal.
I'm telling you, you're dancing very close to obstruction of justice.
You don't loosen up, I got no choice.
I go straight to the DA.
Look at that groove on his neck.
Ligature marks.
From a bedsheet? Not in my lifetime.
I'd say rope, since there were fibers embedded in his neck.
So Montez was strangled and hung up with a bedsheet.
wouldn't jump to any conclusions before the autop.
You authorized the guards to cut the body down? He was laid out by the time we got here.
Mucked up a perfectly nice j crime scene.
Don't they teach these people procedure? Hmpf.
There's always some new guy who hasn't read the rule book.
we know he didn't do a Dutch act, so why is he dead? Payback from Mustafa's posse? Or somebody wanted to shut him up.
The feds fake a suicide? Shelby look like the type to, uh host necktie parties to you? How about your buddy, O'Connell? what about him? The guy's a political theorist.
This is nickel-and-dimes.
Junkies and pushers.
Come off it, Mike! You forget why O'Connell was going to court? I grew up with the Westies.
Nice, polite altar boys.
They make the sign of the cross when they slit your throat.
Oh, come on! O'Connell's gonna have you believing there are no snakes in Ireland.
There aren't any.
Touche.
Okay, first we check the Arab angle, then we do the mick.
"Moved to Beirut.
" Gee, some people get all the breaks.
Let's check the garbage.
Yeah.
Oh-hh! Oh-hh! God! How could anyone eat something that could even get to smell like that? Bingo! Looks like a breakdancing chicken wrote this.
Thank you, professor.
we'll send them right over.
It didn't used to be this hard, Mike.
It used to be a lot simpler.
In the old days.
Hey, Max.
They're having a fundraiser for O'Connell tonight.
Let's check it out.
where? McBride's.
McBride's - that's the bar the FBl popped O'Connell in, in '85.
Excuse me, watch your back- and watch your hands.
Excuse me.
Ugh.
Something stronger this time? Just another soda.
Haven't seen you boys before.
we just came by to see what all the O'Connell excitement was about.
I'm Sheila.
Mike Logan, I'm Max Greevey.
Greevey? would you be the County Mayo Greeveys by any chance? Afraid not.
My mother's half Irish, though.
At least you won't be hitting on me with a derry can.
Derry can? Londonderry relief- for all the widows and orphans of Catholics taken away by the British.
Oh, for the love of Mike.
Man: Here's to ya, Pat! You're one of the lads now! who's the birthday boy? He looks familiar.
I like cops- but only when they're off duty.
was it that obvious? Anybody offering you any undercover assignments? Look I'm sorry.
I-I- we didn't mean to upset you.
My husband was a cop in Belfast.
Oh? Somebody shot him one night, after a IRA man had been shot, or maybe it was a British soldier.
It was just one of those nights and somebody had to die.
It's all so bloody stupid.
I'm sorry.
Are you going after them? I don't know, maybe.
Right now, we're just wondering about O'Connell.
You don't know.
The IRA is everywhere.
It's in the prisons, on the streets, maybe even in your own precinct.
The Provos, the Sinn Fein they're all the same bloody thugs.
The birthday boy- McCarter- he's a prison guard.
The translation of the faxes from Mustafa's apartment- a lotta talk about "bricks" being moved out of Lebanon.
So what? we already know he was into drug smuggling.
One of the faxes talks about a shipment of clay from Libya to the Netherlands.
Libya's a desert.
You don't find a lot of clay in the desert.
Plastic explosives? Last month, the Dutch police arrested three IRA guys in a safehouse in Amsterdam.
They found 100 pounds of plastic explosives in the basement.
I got one for you, too.
The birthday boy, the one the waitress said was a prison guard? McCarter.
Patrick A.
McCarter.
He's a federal prison guard.
And guess what? The report on Montez says he was the first one at the scene.
He's the one that cut Montez down.
That's enough for me.
McCarter! Patrick McCarter, you're under arrest for the murder of Savino Montez.
You have the right to remain silent and refuse to answer questions.
Do you understand? Anything you do say may be used against you in a court of law.
Do you understand? You have the right to an attorney.
If you can't afford one, one will be appointed to you by the court.
Do you understand? The kid might have ties to the IRA, but he's a brick wall.
He won't talk to us.
Max: More like Mallahan won't let him talk.
Robinette: Daniel Mallahan? Boy's got himself a pretty expensive mouthpiece.
Big surprise- Friends of Sinn Fein are footing the bill.
He's bought and paid for.
"Friends of Sinn Fein," that's as subtle as a Mickey Finn.
we're in court against the IRA.
And if by some miracle we do turn McCarter, are you sure that he can implicate O'Connell in Mustafa's murder? Montez was the only witness, O'Connell had a compelling motive to have him shut up.
All right, we'll twist McCarter.
Thanks, Max.
we may have bitten off more than we can chew.
Mallahan knows the case is thin.
Look on the bright side.
what bright side? we're not in Boston.
McCarter was fired from Sanitation for petty larceny.
No charges filed.
Makes him an ideal candidate for a job in a federal detention center.
He had a little help getting hired.
Letter of recommendation from Liam Kildairn.
Commissioner Shannon's assistant? Our Mr.
McCarter's plugged in.
Stone: Mr.
McCarter, who got you yourjob in the Bureau of Prisons? That information is not within your purview.
was it your IRA friends? who recruited you? My friend's allegiances are not at issue.
His membership in a terrorist organization is.
I'm no terrorist- I'm a soldier.
what he means is, he is a man of conscience.
what he means is, he is the misguided, romantic dupe of those who consider him completely expendable.
This interview is over.
Sit down, sir, I'm not finished! You were just a common thief, Patrick, now you're looking at murder.
Counselor, if you have any relevant questions You're way beyond the protection of those who got you into this.
You talk to us, we're ready to offer you a plea bargain.
My client is not looking for a deal! You don't have a lot of room to dance, Patrick, no matter what your lawyer told you.
You're 22 years old, do you really wanna spend the rest of your life in prison? He is not interested! Mr.
Mallahan, I'd like a word with you.
If you want this kid crucified, you're making all the right moves.
Are you questioning my professional judgment? That depends on who your client is.
Patrick McCarter! Regardless of who pays my fees.
That better be true, or I'll drag you before the disciplinary committee of the Bar Association! And tell them what? That I'm making you work for your paycheck? Now, listen to me, Counselor, you're not going to run-and-gun some cheap plea down my client's throat! Your client is facing a murder rap! The rope we found in his car matches the marks on Montez's neck.
And the same kind of rope you find in the prison machine shop! It's all circumstantial.
It's not circumstantial when you have a fiber match, and hair from Montez on the rope in McCarter's car.
I guess we'll have to wait and see what a jury says.
You and I both know he was the only guard on the floor for 45 minutes.
That's enough to bury him, and bury him I will- along with you and your Sinn Fein money.
when I present your conduct in this case before the bar, and your clear-cut conflict of interest, you'll be lucky to have a license! You, uh you want to present some options to my client go ahead.
You won't get any argument from me.
McCarter says he killed Montez on orders from O'Connell.
Orders? O'Connell is his IRA superior in the chain of command.
McCarter thinks of himself as a soldier, a loyal member of a long-standing army that has been under arms in one form or another since the battle of the Boyne- and that was about 300 years ago.
You researched this? No, it was spoonfed to me.
My Grandmother was Irish.
Fahey.
She thought it was a holy war.
Michael Collins, Robert Emmett- she'd recite those names like they were saints in heaven.
I suppose in the time, they were.
But the likes of McCarter and O'Connell, they're thugs.
They're Nazis with brogues.
You're worried putting O'Connell on trial might give him legitimacy, turn him into a martyr? To a fanatic, a trial is just an opportunity to win converts.
How solid is his case? McCarter says that he'll testify that O'Connell admitted strangling Mustafa- but that's my problem, 'cause it all depends on the kid's testimony and I'm afraid he'll go in the tank on me.
O'Connell threatened to have him tooled if he talked.
To have him what? It's the newest weapon in the IRA arsenal.
They kneecap a man with a power drill- he never walks again.
we can protect him.
He ever give you any indication of why O'Connell killed Mustafa? No, and that's another place we're vulnerable- motive.
O'Connell and Mustafa, they moved in a very shadowy world.
And the faxes that Greevey and Logan found at Mustafa's, they make a connection, but it's nothing I could prove.
Might know someone who can.
Jenny, get me the British consulate.
Adam said you needed some information on this Mustafa fellow.
we're looking for links to O'Connell.
As you know, your FBl has worked up a whole dossier on IRA dealings with the Lebanese.
More to the point, with Ahmed Mustafa.
No, sir, we didn't know.
Oh? The counter-terrorist division's had him under surveillance for some time.
Mustafa was a conduit for weapons to the IRA.
what kind of weapons? You name it.
He's even suspected of supplying them with surface-to-air missiles- of the same type that shot down one of our helicopters a short while ago.
The Syrians are involved along the way.
But your FBl will have all that.
Paul, find out who the head of the anti-terrorist division in New York is.
That's a chap named Axelrod.
Syrians, IRA, Lebanese, Red Army, Baader-Meinhof, Libyans- you poke a lamp under the sheets, and you'll find strange bedfellows doing some very nasty things together.
Talk about a guy with his own agenda.
Because washington wants O'Connell off page one.
He's become a political tumor.
The man's a suspect in a homicide.
He did a Lebanese drug dealer.
An inch and a half on page eight.
what, not enough soundbite appeal? Mr.
Robinette, there are 43 million Irish-Americans in this country, some of whom wield enormous political weight.
So we ignore murder to save ourselves the international embarrassment of holding a terrorist without charges? Look, come next week, he's probably going to be granted political asylum, and then he's going to be old news.
You put him on trial, and you give him a pulpit.
It's a whole new concept- crime without punishment.
What's the matter with you guys in the DA's office?! Got no peripheral vision? Can't you see the big picture? we're just not blinded by it.
Five years of unjust imprisonment, wiped clean in under 10 minutes.
Is that an indication that a civil suit may be pending? There'll be no more legal beagling, ma'am.
I've been given asylum in a country that truly is the cradle of liberty.
I just want to get on with my life.
The British petitioned for your extradition to face charges.
Anything you'd like to say to the House of Commons? Kiss me rosie Irish bum, gentlemen.
No bitterness toward Capitol Hill over being held for five years without any charges brought? If there's a bitterness, I can't find it.
All I can feel is a sense of gratitude.
The American justice system may be slow, but at least it's accurate.
This should move it from page eight to page one.
I'm looking forward to staying here in New York- Counselor, a word with your client? what about? Maybe we should talk over here.
Reporter:.
Sir, who are you? You're under arrest for the murder of Ahmed Mustafa.
Max: You have the right to remain silent and refuse to answer questions.
Do you understand? Anything you do say may be used against you in a court of law.
And so, ladies and gentlemen, what is on trial here is the Constitution of the United States of America.
Mr.
O'Connell has been held in the penal system of the United States for five long years, ladies and gentlemen, without ever once having a chargebrought against him until now.
Until the very day of his first taste of freedom.
And why? Because the British government is afraid.
Afraid to have the truth come out.
Because, ladies and gentlemen the life of a Lebanese heroin pusher is apparently more important than the freedom of an Irish patriot! Judge: I will not tolerate this! One more outburst and I'll clear this court.
Are you at the end of your blather, Mr.
Reilly? Yes.
Yes, Your Honor, I am.
Good.
Mr.
Stone? The People call Patrick McCarter, Your Honor.
Raise your right hand, please.
Do you swear to tell the truth, the whole truth, so help you God? I do.
Please be seated.
Please tell the court your name.
Patrick Aloysius McCarter.
And you're a resident of? New York City.
And your occupation? I'm a prison guard.
At the federal detention center in Lower Manhattan, correct? Yes.
Mr.
McCarter, did you kill a federal prisoner named Savino Montez? Yes.
why? I was ordered to.
By whom? Answer the question, Mr.
McCarter.
The organization.
They told me to "shut the Cuban's gob before he talked about O'Connell killing the Arab.
" which organization? The provisional wing of the Irish Republican Army.
Did Mr.
O'Connell have knowledge of these orders? Objection, Your Honor, hearsay.
Your Honor, I believe that the witness had direct contact with the accused.
Objection overruled.
Answer the question, Mr.
McCarter.
Yes.
Yes, he did.
He told me I was performing an act of patriotism.
And did Mr.
O'Connell personally tell you that he had killed Ahmed Mustafa? Yes, sir.
He most certainly did.
He said that he had executed an enemy of the Irish people.
No further questions, Your Honor.
I have very few questions to ask of this- quisling.
Objection, Your Honor, characterization.
Sustained.
Mr.
McCarter, you admit to the murder of one Savino Montez in cold blood, is that correct? Yes.
You've been allowed to enter a plea of guilty to second degree manslaughter for that heinous crime, in exchange for your uncorroborated testimony against the defendant, is that not true, yes or no? Yes, sir.
I have no further questions.
Mr.
Axelrod's testimony goes to the very heart of O'Connell's motive for killing Mustafa.
Mr.
Stone doesn't get it.
You put me on the stand, O'Connell's lawyers will cross-examine my whole operation into the ground.
The People's interest can be served without jeopardizing legitimate areas of national security.
That's cold comfort, Mr.
Stone.
I've got breathing assets to protect.
And I've got a murder to prosecute.
The murder of an A-rab dope-peddler, for God's sake! An A-rab dope-peddler?! You went to a lot of trouble to protect Mustafa.
Now you're going to let his executioner walk all because of political expediency? To me, that's immoral.
Spare me that sanctimonious bull, Counselor.
I live in the real world! So do I, sir! I know my way around politics.
Mr.
Axelrod, lay out for me how this connection between the IRA and Mustafa worked.
The Lebanese grow opium in the Bakaa Valley.
They sell it to the Syrians who refine it into heroin, and sell it on the open market.
The Syrians use those profits to fund a variety of terrorist groups.
That's including the IRA.
As long as Mr.
Stone confines his questions to the specifics of the IRA connection, I can't see how national security is compromised.
In other words, Mr.
Axelrod, the IRA buys weapons with Syrian drug money? That's right.
And how does Mr.
Ahmed Mustafa fit into the scheme of things? He was a cutout.
A cutout? A middleman.
The Syrians used him to sell drugs.
The IRA used him to buy weapons.
About two months ago, Mustafa screwed the IRA on a major deal.
He short-changed them to the tune of about $800,000.
And? And the IRA high command put out a hit on Mustafa.
Looks like somebody carried out the orders.
Objection, Your Honor! Supposition.
Sustained.
No further questions, Your Honor.
Fascinating, Agent Axelrod, absolutely fascinating.
But nowwould you mind telling this court exactly what that has to do with Mr.
O'Connell, who, as we all know, was held without trial, without ever once being charged with a crime, for five long years? The defendant is a member of the Irish Republican Army.
And the last time I looked, that was not a crime under federal or New York State law.
Can you cite any criminal statute that Mr.
O'Connell has violated by his membership in the IRA? Objection, Your Honor, draws a conclusion of law.
Sustained.
No further questions, Your Honor.
My membership in the Sinn Fein is a matter of public record.
It is the legal, political wing of the IRA.
The non-violentwing, is that right? That's right.
we're not a bunch of killers, despite what the British press says.
Have you had any personal dealings with the late Mr.
Mustafa? No, I have not.
Any business? None.
And for the record, I might say I abhor the drug dealing that the man was engaged in, I consider it anti-Christian and anti-life.
Yet, we've heard testimony here linking the IRA to Syrian drug money and Mr.
Mustafa.
I don't know anything about it.
I have nothing to do with the Provos.
Ah, the Provos.
That would be the "Provisional" or military wing of the IRA? Yes, they conduct their business in their own way.
I don't condone it, but I understand it.
As I've said, we're in a war.
Sometimes one has to make pacts with the devil.
And in this war, you yourself have never personally engaged in any violent act, is that correct? That's so I've never even thrown a punch.
Thank you very much, Mr.
O'Connell.
No further questions, Your Honor.
I must say, to a civilian, it looked rather like you're getting your ears boxed by Mr.
Reilly.
I didn't see you in court.
One learns to be invisible when one wishes.
And deprecating.
About what? The value of one's own advice.
Go ahead, Mr.
Fenwick.
Correct me if I'm wrong, but under your rules of cross-examination aren't you allowed to pounce on something offered as fact under direct examination? Such as? Such as a witness's assertion that he'd never committed a violent act.
why? what have you got? Mr.
O'Connell belongs in jail- your jail, our jail, it doesn't matter which, as long as he is behind bars.
He must also be exposed for what he really is- a bloodthirsty terrorist.
I don't need a speech, Mr.
Fenwick.
have you got something I can use? we have a way for you to discredit O'Connell's contention that he's non-violent.
A way? what is that supposed to mean? we could supply a sworn affidavit.
You bastard! You have a witness, don't you? As I said, we could supply an affidavit- I'm fed up with this spook crap.
If you have a witness, get him here tomorrow or as God is my witness, I'll subpoena you! She'll be here in the morning.
Do you consider yourself a Christian, Mr.
O'Connell? Most Certainly.
Yet the credo of the Irish Republican Army seems more along the lines of "an eye for an eye" as versus "turn the other cheek," wouldn't you agree? Is the IRA on trial here? That depends on you, sir.
I have declared my membership in the Sinn Fein.
Yes, you have.
what does the political wing of the army think when the other wing blows up a busload of school children? Objection! we're going far afield here.
This has relevance as to character, Your Honor.
Answer the question.
The organization has always given ample warning before a device is activated, but there's always the risk of human error.
Human error.
You have testified under oath that you have never committed a violent act.
Never in my life.
Never? Never.
No more questions, Your Honor.
You may step down, Mr.
O'Connell.
May I ask you a question, sir? How, with the map of Donegal on your mug, did you ever end up with a name like Stone? Happenstance, sir.
The same way you ended up with the name of a real Irish patriot.
Do you have any other questions, Mr.
O'Connell? Stone: You may step down, Mr.
O'Connell.
Your Honor, the accused has stated in both direct and cross-examination that he has never committed a violent act; that he is a man of conscience, a prisoner because of politics.
In view of these statements, the State would like to call an additional witness.
Objection! The prosecution has rested, Your Honor.
Of his own volition, Mr.
O'Connell has made statements that call for rebuttal, sir.
Overruled.
Call your witness, Mr.
Stone.
Thank you, Your Honor.
The People call Bridget McDiarmid.
Mrs.
McDiarmid, are you married? I was.
Do you have children? I had two.
what happened to your husband and your children? That man murdered them.
Objection, Your Honor.
Absolutely irrelevant.
Rebutting the defendant's sworn testimony is relevant as to character, Your Honor.
Overruled.
Proceed, Mr.
Stone.
Mrs.
McDiarmid, describe in your own words the events of May 6th, 1981.
John- my husband- and I were on high street, Kensington, on our way to the cinema with Sheila and Tommy.
Your children? Yes.
we were passing a candy store- I remember because the children wanted to stop.
My husband saw a man tying his shoe, kneeling on the pavement.
That man.
when he was done, he got up and hurried away, but he'd left his satchel on the curb, next to the police van.
would you describe the satchel? Come on.
Your Honor Please continue, Mrs.
McDiarmid.
It was, uh it was black, leather, with a grip.
Like any businessman's in the city.
Thank you.
Tell us what happened next.
My husband called to the man.
You know "Oy, mate, you forgot your satchel.
" And then he he picked up the case and started after him and- And? And he was blown to bits, and Sheila, and Tommy, and half the street.
There was nothing but a shower of glass and blood.
Mrs.
McDiarmid, the man with the satchel- are you absolutely positive, without a question of a doubt that that man was Ian O'Connell, the defendant? You hardly forget the face of the man who slaughtered your entire family.
Take a good look.
There's your "human error.
" And Mr.
O'Connell's sentence of 25-years-to-life is a fitting conclusion to this case.
This prosecution shows the value and necessity of inter-agency cooperation on a local, state, federal and international level.
Now, these men arrayed behind me, showed powerful personal, professional bonds in bringing an international terrorist to justice.
Thank you very much.
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.
well well, what? They're late! when you deal with the feds, you know it's gonna get screwed up.
Hey, Roberts, what's your guy in for? Aw, drug smuggling, j gun running.
He's Lebanese.
He brings the drugs in, takes the guns out.
Sometimes the other way around.
He's an entrepreneur.
Great.
How do you know he's gonna sing? we got six months of footwork hanging on his testimony.
we got the DA to go to bat with the US Attorney.
He can't wait to play canary.
Mine's innocent.
Yeah right.
Mr.
O'Connell says he's a political prisoner, unfairly held without trial.
Ours claims he's being persecuted because he's Cuban.
The mick says it's because he's Irish- and belongs to the IRA.
They should send them all back where they come from.
Max: What about Italians, Damato? I- talians is different.
Gentlemen.
After you, Max.
Hey, Roberts! Looks like your entrepreneur just went into Chapter 11.
what the hell happened here?! Logan: Take another from the other side.
Get a wideshot of the three of them.
Smile, fellas.
Officer:.
Come on, pal, let's go.
who's in charge? I'm senior.
Detective Sergeant Max Greevey.
Special Agent Axelrod.
what the hell happened here? Three guys shackled together.
One of 'em's dead.
Houdini routine.
The two other guys never saw a thing.
Just what I freakin' needed today.
All right, let's get all you Sherlock Holmses down to the Federal Building.
whoa! why's that? why's that?! Because a federal prisoner's dead, that's why.
And that makes it our case.
Doesn't play that way.
They signed all three of them over to us at the Federal Detention Center.
Our prisoners, our case.
Show him the paperwork.
worthless bag of crap! Six months I put in on this case, six months! Look, gentlemen, all we want to know is, who's responsible? I'd say it's either Montez or O'Connell.
Roberts: I'll find out! Gimme 10 minutes alone with these two jerks, I'll pound it out of them! Hey, hey! Hey, Roberts, thanks anyway, we'll beat our own prisoners.
what I meant was, who's jurisdiction are we in? NYPD's.
Fine! You get the stiff.
They're back in federal custody as of now.
wait a second! I got signed paperwork.
I need O'Connell.
I got six westies upstairs on trial.
O'Connell's IRA, why do you need him for a case against the westies? what difference does it make?! He's been subpoenaed! Gentlemen, gentlemen, I think we need to prioritize.
Prioritize my ass! I'm senior on the scene, it's my homicide! I got a witness to interview.
I have an investigation to start.
This is ridiculous, you do what you want.
I'm taking these federal prisoners back to the detention center.
Now.
You just let the feebs waltz off with two homicide suspects? You think we should have had a shootout over them? The FBI has no right to interfere with a homicide investigation! They are federal prisoners, Captain.
Signed over to us! They had no jurisdiction.
You have any idea what this investigation is going to be like now.
what's the problem? They gotta wanna close this.
what's the problem? He's never worked a case with the "G" before? They don't cooperate.
They think they're God Almighty.
A case with federal prisoners involved? Every time you even want to see one of them, you gotta see the superintendent of the facility, genuflect going in and coming out.
I want this thing wrapped up fast- like yesterday! what gives, Montez? You spoke English just fine last week.
No comprende.
Yo sabes qui, muerto Uh qui muerto Mustafa? Montez: Tu? No, yo! Yo sabes.
O yo muerto.
Tu sabes, o tu muerto? where's the damn interpreter? I think yo means "I.
" what? You're saying "I killed Mustafa.
" Then you do it! No, tu Ooo-oooh! woman: Having trouble? He's in culture shock.
Como esta? Ahhh, no es mi culpa.
He says he's not guilty.
Of course, tell him we believe him.
well? You don't want to know.
Basically, he's not talking until his lawyer gets here.
Let's try the mick.
I'm sure there were a couple of Logans down Dingle way.
One had the pub, the other had the funeral parlor.
That about covers it! O'Connell: They were staunch republicans, the Logans, they fought for the Republic of Ireland.
Not like your republicans in America.
About the dead Arab? There's some Greeveys in County Mayo- where's your family from, Sergeant? Hell's Kitchen.
Ahhh.
well, at least your partner knows his history.
See if you can cover some recent history, okay, Mike? No?! That's what I said, Sergeant.
I gave you permission to interview Montez and O'Connell, not the other prisoners.
Let me get this straight.
You're telling me to investigate a homicide without interviewing witnesses?! There were only two witnesses - Montez and O'Connell.
Character witnesses then! Guys who might have heard something.
what is this?! what is this? This is non-cooperation, Sergeant.
what the hell is going on? It's a political hand grenade.
what do you know about extradition law?.
It takes a lot of paperwork.
And a lot of loopholes.
O'Connell entered the country in '85.
Legally? No, he walked in from Canada.
The British issued a warrant against him for terrorism.
So the FBl pops him, they bring him here.
So why didn't you put him on a plane? He found the right judge.
Ruled that whatever he had done was not "common crime," but related to the IRA's political goal of a unified Ireland.
A federal judge said this? It gets worse.
INS goes to immigration court, immigration judge orders him deported.
But he's still here! Because the minute the deportation order comes down, he applies for political asylum.
So if he did kill Mustafa? Off the record? If we have to bring him to trial, or if we need him as a witness against Montez, then he has to stay here.
Nobody wants that.
Maybe nobody with a federal paycheck wants that, but me, I'm just a cop after a killer.
All I'm saying is, obviously it's not that cut and dried.
You got a federal judge who says it's political.
You telling me you buy that Blarney Stone crap he's been spewing? You know, it's weird.
Two of our grandparents come from the same town.
we've both got uncles that's priests.
And you're both Libras.
That's destiny for you.
what's the matter with you? Nothing.
I just never seen you get so chummy with a perp before.
Perp? Come on, Max.
what do you want, huh? You that sure it's Montez who did it, huh? O'Connell never killed anybody.
No? No.
why is he in a federal facility as a terrorist? Accused terrorist.
It's political.
He's never even been charged! what are you talking about, Mike? He's been in the can for five years! That's right! held without charge, without trial, without bail, huh? Makes you think, doesn't it? Think what?! He's a bomb-thrower! He deserves it.
You know how I'd feel if that were true.
O'Connell's never thrown a bomb in his life.
The man's a thinker.
He's an organizer.
He's a patriot.
Oh, for the love of God, where'd you get all this? From my uncle- the priest.
But then he's always been full of that "blarney stone" crap, too.
I don't give a damn about the feds' image problem.
I want one of those two birds in here with or without translator, but with legal counsel.
I want him to fink out the other guy.
Logan: It's the Cuban.
what is? He's already put Montez away.
Irish intuition.
why don't you just get his sheet instead? Hey, 10 bucks says it ties him to Mustafa.
Maybe you could also take your intuition over to the deceased's place of business.
You know, check out the vibe, if that's not too much trouble.
Mrs.
Mustafa? we're sorry about your husband.
why? what has happened? You haven't been notified? About what? Aw, Jeez.
Ahmed's dead, Mrs.
Mustafa.
we're sorry.
Ma'am Pay up! what's that, a signed confession? Montez, Savino Joaquin.
Born in Cuba, blah, blah, blah.
Convictions? Twice, murder two.
Both by strangulation.
Lemme guess.
Coroner's report on Mr.
Mustafa.
Crushed larynx, broken windpipe, strangulation.
Montez five- no, make that six possessions of heroin.
Twice with intent to sell.
Now that's in the free world, God knows what kind of pranks he pulled in Cuba.
And Mustafa was a heroin dealer.
we establish a relationship in Leavenworth, we got motive.
You straighten out the feds yet, about interviewing the other prisoners? No.
we'd like to clean it up ASAP, Captain.
You know, the way you wanted it? we want to move on Montez.
That won't be necessary, gentlemen.
what are- what is he talking about? According to him, there is no homicide case.
Oh? And why is that? Mustafa's not dead.
Don't laugh.
The "G" has Elvis at Terminal Island in California.
Oh, a miracle! See, once I saw the coroner wrote "crushed larynx, DOA, dead as a doornail," I was convinced.
Nevertheless, he's still alive as far as everyone on his rolodex knows.
why the hell is that so important? Because I said it is, Sergeant.
It's national security.
Mustafa had his greasy fingers in a lot of pies.
He was helping us.
Certain people find out he's dead, we're back to square one.
Don't worry- you're already there.
we already told his wife he was with Allah yesterday.
Cops.
Unless you got some other fairy tales you want to tell us, we're gonna see Montez, because he's convinced Mustafa's dead.
Max: I don't believe it! God Almighty, wasn't anybody watching him? we can't watch anyone Son of a bitch.
It looks like Montez checked out, but you never know anymore.
what is that supposed to mean? Nothing.
No, really.
what was that crack? Just that you feds can bring guys back from the dead.
It's amazing.
So, uh I guess we'll call it an accidental hanging, huh? I guess we'll call it what the coroner does when he gets here.
why don't you stick around in case this stiff comes back to life too? I still have a homicide to investigate, and I expect you to start cooperating! Like I told you before, Sergeant, you're free to interrogate O'Connell to your heart's content.
But the other inmates are still off limits.
Two prisoners under your jurisdiction are no longer with us! One, Mustafa- as you're so fond of reminding me- he was murdered on your turf.
Look, we've each got a job to do, it's nothing personal.
I'm telling you, you're dancing very close to obstruction of justice.
You don't loosen up, I got no choice.
I go straight to the DA.
Look at that groove on his neck.
Ligature marks.
From a bedsheet? Not in my lifetime.
I'd say rope, since there were fibers embedded in his neck.
So Montez was strangled and hung up with a bedsheet.
wouldn't jump to any conclusions before the autop.
You authorized the guards to cut the body down? He was laid out by the time we got here.
Mucked up a perfectly nice j crime scene.
Don't they teach these people procedure? Hmpf.
There's always some new guy who hasn't read the rule book.
we know he didn't do a Dutch act, so why is he dead? Payback from Mustafa's posse? Or somebody wanted to shut him up.
The feds fake a suicide? Shelby look like the type to, uh host necktie parties to you? How about your buddy, O'Connell? what about him? The guy's a political theorist.
This is nickel-and-dimes.
Junkies and pushers.
Come off it, Mike! You forget why O'Connell was going to court? I grew up with the Westies.
Nice, polite altar boys.
They make the sign of the cross when they slit your throat.
Oh, come on! O'Connell's gonna have you believing there are no snakes in Ireland.
There aren't any.
Touche.
Okay, first we check the Arab angle, then we do the mick.
"Moved to Beirut.
" Gee, some people get all the breaks.
Let's check the garbage.
Yeah.
Oh-hh! Oh-hh! God! How could anyone eat something that could even get to smell like that? Bingo! Looks like a breakdancing chicken wrote this.
Thank you, professor.
we'll send them right over.
It didn't used to be this hard, Mike.
It used to be a lot simpler.
In the old days.
Hey, Max.
They're having a fundraiser for O'Connell tonight.
Let's check it out.
where? McBride's.
McBride's - that's the bar the FBl popped O'Connell in, in '85.
Excuse me, watch your back- and watch your hands.
Excuse me.
Ugh.
Something stronger this time? Just another soda.
Haven't seen you boys before.
we just came by to see what all the O'Connell excitement was about.
I'm Sheila.
Mike Logan, I'm Max Greevey.
Greevey? would you be the County Mayo Greeveys by any chance? Afraid not.
My mother's half Irish, though.
At least you won't be hitting on me with a derry can.
Derry can? Londonderry relief- for all the widows and orphans of Catholics taken away by the British.
Oh, for the love of Mike.
Man: Here's to ya, Pat! You're one of the lads now! who's the birthday boy? He looks familiar.
I like cops- but only when they're off duty.
was it that obvious? Anybody offering you any undercover assignments? Look I'm sorry.
I-I- we didn't mean to upset you.
My husband was a cop in Belfast.
Oh? Somebody shot him one night, after a IRA man had been shot, or maybe it was a British soldier.
It was just one of those nights and somebody had to die.
It's all so bloody stupid.
I'm sorry.
Are you going after them? I don't know, maybe.
Right now, we're just wondering about O'Connell.
You don't know.
The IRA is everywhere.
It's in the prisons, on the streets, maybe even in your own precinct.
The Provos, the Sinn Fein they're all the same bloody thugs.
The birthday boy- McCarter- he's a prison guard.
The translation of the faxes from Mustafa's apartment- a lotta talk about "bricks" being moved out of Lebanon.
So what? we already know he was into drug smuggling.
One of the faxes talks about a shipment of clay from Libya to the Netherlands.
Libya's a desert.
You don't find a lot of clay in the desert.
Plastic explosives? Last month, the Dutch police arrested three IRA guys in a safehouse in Amsterdam.
They found 100 pounds of plastic explosives in the basement.
I got one for you, too.
The birthday boy, the one the waitress said was a prison guard? McCarter.
Patrick A.
McCarter.
He's a federal prison guard.
And guess what? The report on Montez says he was the first one at the scene.
He's the one that cut Montez down.
That's enough for me.
McCarter! Patrick McCarter, you're under arrest for the murder of Savino Montez.
You have the right to remain silent and refuse to answer questions.
Do you understand? Anything you do say may be used against you in a court of law.
Do you understand? You have the right to an attorney.
If you can't afford one, one will be appointed to you by the court.
Do you understand? The kid might have ties to the IRA, but he's a brick wall.
He won't talk to us.
Max: More like Mallahan won't let him talk.
Robinette: Daniel Mallahan? Boy's got himself a pretty expensive mouthpiece.
Big surprise- Friends of Sinn Fein are footing the bill.
He's bought and paid for.
"Friends of Sinn Fein," that's as subtle as a Mickey Finn.
we're in court against the IRA.
And if by some miracle we do turn McCarter, are you sure that he can implicate O'Connell in Mustafa's murder? Montez was the only witness, O'Connell had a compelling motive to have him shut up.
All right, we'll twist McCarter.
Thanks, Max.
we may have bitten off more than we can chew.
Mallahan knows the case is thin.
Look on the bright side.
what bright side? we're not in Boston.
McCarter was fired from Sanitation for petty larceny.
No charges filed.
Makes him an ideal candidate for a job in a federal detention center.
He had a little help getting hired.
Letter of recommendation from Liam Kildairn.
Commissioner Shannon's assistant? Our Mr.
McCarter's plugged in.
Stone: Mr.
McCarter, who got you yourjob in the Bureau of Prisons? That information is not within your purview.
was it your IRA friends? who recruited you? My friend's allegiances are not at issue.
His membership in a terrorist organization is.
I'm no terrorist- I'm a soldier.
what he means is, he is a man of conscience.
what he means is, he is the misguided, romantic dupe of those who consider him completely expendable.
This interview is over.
Sit down, sir, I'm not finished! You were just a common thief, Patrick, now you're looking at murder.
Counselor, if you have any relevant questions You're way beyond the protection of those who got you into this.
You talk to us, we're ready to offer you a plea bargain.
My client is not looking for a deal! You don't have a lot of room to dance, Patrick, no matter what your lawyer told you.
You're 22 years old, do you really wanna spend the rest of your life in prison? He is not interested! Mr.
Mallahan, I'd like a word with you.
If you want this kid crucified, you're making all the right moves.
Are you questioning my professional judgment? That depends on who your client is.
Patrick McCarter! Regardless of who pays my fees.
That better be true, or I'll drag you before the disciplinary committee of the Bar Association! And tell them what? That I'm making you work for your paycheck? Now, listen to me, Counselor, you're not going to run-and-gun some cheap plea down my client's throat! Your client is facing a murder rap! The rope we found in his car matches the marks on Montez's neck.
And the same kind of rope you find in the prison machine shop! It's all circumstantial.
It's not circumstantial when you have a fiber match, and hair from Montez on the rope in McCarter's car.
I guess we'll have to wait and see what a jury says.
You and I both know he was the only guard on the floor for 45 minutes.
That's enough to bury him, and bury him I will- along with you and your Sinn Fein money.
when I present your conduct in this case before the bar, and your clear-cut conflict of interest, you'll be lucky to have a license! You, uh you want to present some options to my client go ahead.
You won't get any argument from me.
McCarter says he killed Montez on orders from O'Connell.
Orders? O'Connell is his IRA superior in the chain of command.
McCarter thinks of himself as a soldier, a loyal member of a long-standing army that has been under arms in one form or another since the battle of the Boyne- and that was about 300 years ago.
You researched this? No, it was spoonfed to me.
My Grandmother was Irish.
Fahey.
She thought it was a holy war.
Michael Collins, Robert Emmett- she'd recite those names like they were saints in heaven.
I suppose in the time, they were.
But the likes of McCarter and O'Connell, they're thugs.
They're Nazis with brogues.
You're worried putting O'Connell on trial might give him legitimacy, turn him into a martyr? To a fanatic, a trial is just an opportunity to win converts.
How solid is his case? McCarter says that he'll testify that O'Connell admitted strangling Mustafa- but that's my problem, 'cause it all depends on the kid's testimony and I'm afraid he'll go in the tank on me.
O'Connell threatened to have him tooled if he talked.
To have him what? It's the newest weapon in the IRA arsenal.
They kneecap a man with a power drill- he never walks again.
we can protect him.
He ever give you any indication of why O'Connell killed Mustafa? No, and that's another place we're vulnerable- motive.
O'Connell and Mustafa, they moved in a very shadowy world.
And the faxes that Greevey and Logan found at Mustafa's, they make a connection, but it's nothing I could prove.
Might know someone who can.
Jenny, get me the British consulate.
Adam said you needed some information on this Mustafa fellow.
we're looking for links to O'Connell.
As you know, your FBl has worked up a whole dossier on IRA dealings with the Lebanese.
More to the point, with Ahmed Mustafa.
No, sir, we didn't know.
Oh? The counter-terrorist division's had him under surveillance for some time.
Mustafa was a conduit for weapons to the IRA.
what kind of weapons? You name it.
He's even suspected of supplying them with surface-to-air missiles- of the same type that shot down one of our helicopters a short while ago.
The Syrians are involved along the way.
But your FBl will have all that.
Paul, find out who the head of the anti-terrorist division in New York is.
That's a chap named Axelrod.
Syrians, IRA, Lebanese, Red Army, Baader-Meinhof, Libyans- you poke a lamp under the sheets, and you'll find strange bedfellows doing some very nasty things together.
Talk about a guy with his own agenda.
Because washington wants O'Connell off page one.
He's become a political tumor.
The man's a suspect in a homicide.
He did a Lebanese drug dealer.
An inch and a half on page eight.
what, not enough soundbite appeal? Mr.
Robinette, there are 43 million Irish-Americans in this country, some of whom wield enormous political weight.
So we ignore murder to save ourselves the international embarrassment of holding a terrorist without charges? Look, come next week, he's probably going to be granted political asylum, and then he's going to be old news.
You put him on trial, and you give him a pulpit.
It's a whole new concept- crime without punishment.
What's the matter with you guys in the DA's office?! Got no peripheral vision? Can't you see the big picture? we're just not blinded by it.
Five years of unjust imprisonment, wiped clean in under 10 minutes.
Is that an indication that a civil suit may be pending? There'll be no more legal beagling, ma'am.
I've been given asylum in a country that truly is the cradle of liberty.
I just want to get on with my life.
The British petitioned for your extradition to face charges.
Anything you'd like to say to the House of Commons? Kiss me rosie Irish bum, gentlemen.
No bitterness toward Capitol Hill over being held for five years without any charges brought? If there's a bitterness, I can't find it.
All I can feel is a sense of gratitude.
The American justice system may be slow, but at least it's accurate.
This should move it from page eight to page one.
I'm looking forward to staying here in New York- Counselor, a word with your client? what about? Maybe we should talk over here.
Reporter:.
Sir, who are you? You're under arrest for the murder of Ahmed Mustafa.
Max: You have the right to remain silent and refuse to answer questions.
Do you understand? Anything you do say may be used against you in a court of law.
And so, ladies and gentlemen, what is on trial here is the Constitution of the United States of America.
Mr.
O'Connell has been held in the penal system of the United States for five long years, ladies and gentlemen, without ever once having a chargebrought against him until now.
Until the very day of his first taste of freedom.
And why? Because the British government is afraid.
Afraid to have the truth come out.
Because, ladies and gentlemen the life of a Lebanese heroin pusher is apparently more important than the freedom of an Irish patriot! Judge: I will not tolerate this! One more outburst and I'll clear this court.
Are you at the end of your blather, Mr.
Reilly? Yes.
Yes, Your Honor, I am.
Good.
Mr.
Stone? The People call Patrick McCarter, Your Honor.
Raise your right hand, please.
Do you swear to tell the truth, the whole truth, so help you God? I do.
Please be seated.
Please tell the court your name.
Patrick Aloysius McCarter.
And you're a resident of? New York City.
And your occupation? I'm a prison guard.
At the federal detention center in Lower Manhattan, correct? Yes.
Mr.
McCarter, did you kill a federal prisoner named Savino Montez? Yes.
why? I was ordered to.
By whom? Answer the question, Mr.
McCarter.
The organization.
They told me to "shut the Cuban's gob before he talked about O'Connell killing the Arab.
" which organization? The provisional wing of the Irish Republican Army.
Did Mr.
O'Connell have knowledge of these orders? Objection, Your Honor, hearsay.
Your Honor, I believe that the witness had direct contact with the accused.
Objection overruled.
Answer the question, Mr.
McCarter.
Yes.
Yes, he did.
He told me I was performing an act of patriotism.
And did Mr.
O'Connell personally tell you that he had killed Ahmed Mustafa? Yes, sir.
He most certainly did.
He said that he had executed an enemy of the Irish people.
No further questions, Your Honor.
I have very few questions to ask of this- quisling.
Objection, Your Honor, characterization.
Sustained.
Mr.
McCarter, you admit to the murder of one Savino Montez in cold blood, is that correct? Yes.
You've been allowed to enter a plea of guilty to second degree manslaughter for that heinous crime, in exchange for your uncorroborated testimony against the defendant, is that not true, yes or no? Yes, sir.
I have no further questions.
Mr.
Axelrod's testimony goes to the very heart of O'Connell's motive for killing Mustafa.
Mr.
Stone doesn't get it.
You put me on the stand, O'Connell's lawyers will cross-examine my whole operation into the ground.
The People's interest can be served without jeopardizing legitimate areas of national security.
That's cold comfort, Mr.
Stone.
I've got breathing assets to protect.
And I've got a murder to prosecute.
The murder of an A-rab dope-peddler, for God's sake! An A-rab dope-peddler?! You went to a lot of trouble to protect Mustafa.
Now you're going to let his executioner walk all because of political expediency? To me, that's immoral.
Spare me that sanctimonious bull, Counselor.
I live in the real world! So do I, sir! I know my way around politics.
Mr.
Axelrod, lay out for me how this connection between the IRA and Mustafa worked.
The Lebanese grow opium in the Bakaa Valley.
They sell it to the Syrians who refine it into heroin, and sell it on the open market.
The Syrians use those profits to fund a variety of terrorist groups.
That's including the IRA.
As long as Mr.
Stone confines his questions to the specifics of the IRA connection, I can't see how national security is compromised.
In other words, Mr.
Axelrod, the IRA buys weapons with Syrian drug money? That's right.
And how does Mr.
Ahmed Mustafa fit into the scheme of things? He was a cutout.
A cutout? A middleman.
The Syrians used him to sell drugs.
The IRA used him to buy weapons.
About two months ago, Mustafa screwed the IRA on a major deal.
He short-changed them to the tune of about $800,000.
And? And the IRA high command put out a hit on Mustafa.
Looks like somebody carried out the orders.
Objection, Your Honor! Supposition.
Sustained.
No further questions, Your Honor.
Fascinating, Agent Axelrod, absolutely fascinating.
But nowwould you mind telling this court exactly what that has to do with Mr.
O'Connell, who, as we all know, was held without trial, without ever once being charged with a crime, for five long years? The defendant is a member of the Irish Republican Army.
And the last time I looked, that was not a crime under federal or New York State law.
Can you cite any criminal statute that Mr.
O'Connell has violated by his membership in the IRA? Objection, Your Honor, draws a conclusion of law.
Sustained.
No further questions, Your Honor.
My membership in the Sinn Fein is a matter of public record.
It is the legal, political wing of the IRA.
The non-violentwing, is that right? That's right.
we're not a bunch of killers, despite what the British press says.
Have you had any personal dealings with the late Mr.
Mustafa? No, I have not.
Any business? None.
And for the record, I might say I abhor the drug dealing that the man was engaged in, I consider it anti-Christian and anti-life.
Yet, we've heard testimony here linking the IRA to Syrian drug money and Mr.
Mustafa.
I don't know anything about it.
I have nothing to do with the Provos.
Ah, the Provos.
That would be the "Provisional" or military wing of the IRA? Yes, they conduct their business in their own way.
I don't condone it, but I understand it.
As I've said, we're in a war.
Sometimes one has to make pacts with the devil.
And in this war, you yourself have never personally engaged in any violent act, is that correct? That's so I've never even thrown a punch.
Thank you very much, Mr.
O'Connell.
No further questions, Your Honor.
I must say, to a civilian, it looked rather like you're getting your ears boxed by Mr.
Reilly.
I didn't see you in court.
One learns to be invisible when one wishes.
And deprecating.
About what? The value of one's own advice.
Go ahead, Mr.
Fenwick.
Correct me if I'm wrong, but under your rules of cross-examination aren't you allowed to pounce on something offered as fact under direct examination? Such as? Such as a witness's assertion that he'd never committed a violent act.
why? what have you got? Mr.
O'Connell belongs in jail- your jail, our jail, it doesn't matter which, as long as he is behind bars.
He must also be exposed for what he really is- a bloodthirsty terrorist.
I don't need a speech, Mr.
Fenwick.
have you got something I can use? we have a way for you to discredit O'Connell's contention that he's non-violent.
A way? what is that supposed to mean? we could supply a sworn affidavit.
You bastard! You have a witness, don't you? As I said, we could supply an affidavit- I'm fed up with this spook crap.
If you have a witness, get him here tomorrow or as God is my witness, I'll subpoena you! She'll be here in the morning.
Do you consider yourself a Christian, Mr.
O'Connell? Most Certainly.
Yet the credo of the Irish Republican Army seems more along the lines of "an eye for an eye" as versus "turn the other cheek," wouldn't you agree? Is the IRA on trial here? That depends on you, sir.
I have declared my membership in the Sinn Fein.
Yes, you have.
what does the political wing of the army think when the other wing blows up a busload of school children? Objection! we're going far afield here.
This has relevance as to character, Your Honor.
Answer the question.
The organization has always given ample warning before a device is activated, but there's always the risk of human error.
Human error.
You have testified under oath that you have never committed a violent act.
Never in my life.
Never? Never.
No more questions, Your Honor.
You may step down, Mr.
O'Connell.
May I ask you a question, sir? How, with the map of Donegal on your mug, did you ever end up with a name like Stone? Happenstance, sir.
The same way you ended up with the name of a real Irish patriot.
Do you have any other questions, Mr.
O'Connell? Stone: You may step down, Mr.
O'Connell.
Your Honor, the accused has stated in both direct and cross-examination that he has never committed a violent act; that he is a man of conscience, a prisoner because of politics.
In view of these statements, the State would like to call an additional witness.
Objection! The prosecution has rested, Your Honor.
Of his own volition, Mr.
O'Connell has made statements that call for rebuttal, sir.
Overruled.
Call your witness, Mr.
Stone.
Thank you, Your Honor.
The People call Bridget McDiarmid.
Mrs.
McDiarmid, are you married? I was.
Do you have children? I had two.
what happened to your husband and your children? That man murdered them.
Objection, Your Honor.
Absolutely irrelevant.
Rebutting the defendant's sworn testimony is relevant as to character, Your Honor.
Overruled.
Proceed, Mr.
Stone.
Mrs.
McDiarmid, describe in your own words the events of May 6th, 1981.
John- my husband- and I were on high street, Kensington, on our way to the cinema with Sheila and Tommy.
Your children? Yes.
we were passing a candy store- I remember because the children wanted to stop.
My husband saw a man tying his shoe, kneeling on the pavement.
That man.
when he was done, he got up and hurried away, but he'd left his satchel on the curb, next to the police van.
would you describe the satchel? Come on.
Your Honor Please continue, Mrs.
McDiarmid.
It was, uh it was black, leather, with a grip.
Like any businessman's in the city.
Thank you.
Tell us what happened next.
My husband called to the man.
You know "Oy, mate, you forgot your satchel.
" And then he he picked up the case and started after him and- And? And he was blown to bits, and Sheila, and Tommy, and half the street.
There was nothing but a shower of glass and blood.
Mrs.
McDiarmid, the man with the satchel- are you absolutely positive, without a question of a doubt that that man was Ian O'Connell, the defendant? You hardly forget the face of the man who slaughtered your entire family.
Take a good look.
There's your "human error.
" And Mr.
O'Connell's sentence of 25-years-to-life is a fitting conclusion to this case.
This prosecution shows the value and necessity of inter-agency cooperation on a local, state, federal and international level.
Now, these men arrayed behind me, showed powerful personal, professional bonds in bringing an international terrorist to justice.
Thank you very much.