Law & Order (1990) s04e04 Episode Script
Profile
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.
What the hell kind of flavor is coco piñada? My wife brings it home.
I like it.
What ever happened to ginger ale? I don't know, Dad.
What ever happened to sarsaparilla? Damn! Signal 10-24.
Female down.
Ave Maria! Geez! Oh, no! Oh, man! He ran in there.
You catch the bastard, there.
What's he look like? Like you.
A white guy with a gym bag.
Stay here! So you never saw the guy running? No, there was a truck in the way.
But a witness saw him run into the garage.
And you chased him in there? I did, but the back's a dead end.
And you never saw anybody drive out? No one drove out.
Witnesses? Mr.
Montoya.
If you'd have ran faster, you'd have him.
He don't run too fast for me.
You ought to make me the cop.
You stay here.
You shut up.
Mike, what do you got? Meet Ashita Khan.
She's 32 years old, she's got a Musicians Union card she's got $45 in her pocketbook, and she's got a shotgun blast in her chest.
Last Monday, about 6:00 p.
m.
, that grocery clerk, the same thing what, about three blocks from here.
Look at that bag, Lennie.
That's the same market.
Maybe the guy got upset 'cause they weren't giving out green stamps anymore.
They saw the guy, too.
He was only about 30, but he had manners, I thought.
He said hello to me and then he pulled his rifle out of his bag.
It was so loud, my ears are still ringing.
I told you he's here.
I call Who? You know the guy? You pray, you know the enemy of God.
Satan? El diablo? He live.
Great, let's book him.
I don't think so.
This guy knows the neighborhood.
Satan's not a local.
They're both shot on the street.
There's no robbery, there's no warning.
A Haitian teenager and a woman from India.
Welcome to America.
The same weapon.
Shotgun.
So we don't count on Ballistics for a match.
Well, there were no shells on the ground.
So that means what? Either the shooter picked them up, or it's a breech-load.
Or it's two breech-loads.
It's possibly the most common weapon in the country.
Duck country.
Van Buren.
Thanks.
The husband's here.
Ashita and I we moved to the neighborhood about five years ago.
It was once a very fine area, you know.
The realtor said it was coming back.
When was the last time you spoke to your wife? This afternoon.
She was leaving for a rehearsal.
The Wennegren Chamber Orchestra.
She played the cello, you know.
She said she was gonna pick up dinner at Webb Market.
Webb Market.
That's where Hector Duvall worked.
A boy was shot last week.
He was a cashier there.
I read about it.
I didn't know he worked there.
Your wife ever mention him to you? A cashier? Why? Can you think of anybody who might have wanted to hurt her? Of course not.
Nobody.
Last Last week we found out we were gonna have a baby.
Shotgun wounds, the gun's usually a street sweeper.
Drug cowboys love them.
The hole in the woman's chest was five inches across.
Then it wasn't a sweeper unless the shooter was standing a block away.
He wasn't.
The woman was standing here when she was shot.
And some of the shot passed across her shoulder and hit the wall.
We triangulate back from the edge of the spread patterns on the wall and on the body.
The shooter was here.
That's a wide spread for that close.
Exactly.
Unless the barrel was sawed-off.
What about Hector, the cashier? Number 5 goose shot.
Old paper shells.
Same as the woman.
Plus the same pattern, the same spread.
Amazing coincidence? Or the same gun.
And I saw the same ammunition, similar spread, two weeks ago in Harlem.
The late, unlamented Ruben Calzada.
Yeah, okay.
Calzada was a sidewalk lookout for a crack house.
The 72 has his murder listed under "Solve After the Next Ice Age.
" If the Indian cellist was on the pipe, her husband forgot to mention it.
If she had a special relationship with Hector Duvall he forgot to mention that, too.
Maybe Duvall had a part-time job with Calzada.
Maybe Calzada shopped at Webb's Market.
Maybe it's time to buy a quart of milk.
All right, his name's Calzada, Ruben.
Now, you ever seen him around Hector Duvall? I don't think so.
What about her? She's a nice lady.
She shops here.
But you won't believe how many coupons she brings.
Was she friendly with Hector? Hector worked and he studied, then he worked, then he studied.
He just got into Columbia on a scholarship.
No drugs ever? Girlfriends? My friend Samantha thought he was cute.
Practically tackled him one day after work.
And he almost broke his ankle running away to do his homework.
The kid's a Boy Scout, the Indian lady's a saint.
No hanky-panky there.
She and her husband held hands in the elevator.
And the drug dealer? A drug dealer.
Killed by the same ammunition, probably the same gun.
Give me a connection between the victims, please.
There might not be one.
Then we're really in trouble.
Get all the witnesses in.
I'm calling Olivet.
It was a Giants cap.
White guys all root for the Giants.
Is that the face? The nose was wider.
And the chin.
The chin was longer.
Not that long.
The old lady keeps trying to make him look like Liberace.
One thing they all agree on: he was white.
And he wore a cap.
Giants, Mets, Green Bay Packers.
Get me every report you have on the victims.
Crime scenes, forensics, photos.
I'll send it to Behavioral Sciences in Quantico.
We don't need the FBl to show us how to handle a homicide.
Three homicides, seemingly random.
If you've got a serial killer, the connection's in his mind.
Serial killer? We don't know that.
Then explain this to me.
Okay, maybe.
Bring the Feds in, it'll take us a week to show them how to use the subway.
Their psychological profiles helped catch Bundy and Shawcross up in Rochester.
Yeah.
They had David Koresh all figured out, too.
You got any suggestions what we do while the geniuses work? Start the drill.
You guys, 106th Street.
From Amsterdam to the park.
You two, Broadway.
Every lamppost, every wall.
Have the supers hang them by the mailboxes.
Fellas, we're collecting white guys with caps.
You wanna join the party? We'll find our own.
Anybody interested? No, they all work here, they got jobs here.
We're taking names and addresses.
All right.
The uniforms looked for the guy over by this fire escape.
But there's another door back there that leads to a passageway goes all the way through to 103rd Street.
That's how the shooter got away.
You were here? Yeah.
For about three years when I was a kid.
You could steal a comic book from that drugstore and be skipping down before the old guy at the counter even knew you were gone.
I was interested in the criminal mind even then.
Well, if the shooter knew about your passageway, maybe he grew up here, too.
So that would make him Irish? Jewish? Yeah.
That's what it was when I was here.
Everybody worked 60 hours a week, nobody had a nickel.
Same as today, except now they're black and Spanish.
Yeah.
New York City.
You don't like the neighborhood? Wait 10 minutes.
Haven't seen him.
What's he drink? If we find him, I'll ask.
I hope it's Bordeaux.
When this neighborhood was about to go up a few years ago I laid in a stock of the best French wines.
Sounds exciting.
The characters that moved in only want the latest flavor wine cooler.
Peach Parfait.
$1.
19.
Well, you sell enough of those, what's the difference? The difference? I'm standing here wondering which of my customers is gonna come in some night and blow me away.
No, I don't think so.
I took out the Mantovani section.
And replaced it with masterpieces like this? Well, myself, I still like early Billie Holiday, anything by Bach.
But I give the people what they want.
Now, my best customers, white kids from Central Park West.
Their dads are all dentists.
Any song about blowing away cops, nothing personal, they buy me out.
Explain it to me.
Too much violence on television.
White people don't cash their checks here.
They got banks.
There are a few poor white people.
Bring one in.
I'd like to meet him.
Gonna be a long day.
There were two weeks between the first two killings two days between the second two.
He's speeding up.
Unless there were killings after the first one that you haven't detected.
New York's a tough town but we usually notice when pedestrians get whacked by a 12-gauge.
Most of the time.
Let me run you through the baby steps on a killer like this: He looks like the most normal person in the world.
He has trouble with personal relations.
He'll get an ego boost by killing again while the police are still looking for him.
So we all go home and wait for him to tire himself out? No, you just might be smarter than he is.
You want to help us out or just give us an IQ test? The choice of weapon is interesting.
We're checking recent shotgun purchases.
Don't bother.
If he bought a new weapon for this he would not have bought a breech-loading 12-gauge.
No.
He's using something that's been sitting in a closet someplace.
So he's a hunter? Or his father.
We're doing what we can with hunting licenses.
We think he's between the age of 35 and 40.
Our witness said 30.
Mrs.
Whitney? The elderly tend to underestimate age.
He's acting out a grudge against a group because of something that happened to him.
Either real or imagined.
Checking Webb's Market, fired employees, customers with complaints.
Calzada was Dominican, Duvall Haitian, Khan Indian.
And they all had dark skin.
So a guy who has a beef, real or imagined, against foreigners, non-whites or a supermarket.
Dealer's choice? The next victim will narrow our focus.
The 49's sending over Twenty blocks, one on each side, we need at least 80.
And no Irish beat-walkers in drip-dry suits.
We want blacks, Hispanics, women, people who look like kids.
Is the department gonna go for this? They won't even spring for felt-tips.
You organize the bodies, I'll worry about the money.
Turn that music down! Let me get your windshield here.
Van Buren, the block's still covered.
Can you spot them? Ours, ours ours.
The lady's three for three.
Maybe I'll break out my fishnets, spiked heels and give someone the night off.
Unit 12, come in.
Unit 12.
Broadway.
Ambulance on the way.
He's a lucky man, Mr.
Jackson.
He caught a load of bird shot in the back a couple of fliers just missed his heart, one nicked his kidney.
He must've turned and run when he saw the gun.
It's good instincts.
Yeah, most people freeze and die.
We need to talk to him.
The man's just out of emergency surgery.
We're chasing a serial killer, Doc.
There he is.
Mr.
Jackson, Detectives Briscoe and Logan New York Homicide.
Can you tell us what happened? He asks me: "How do you like the neighborhood?" Then he took a double-barreled out of a bag.
I took off.
D- Day, Omaha Beach I saw what happened to people who didn't break for cover.
Did you happen to get a look at his face? It was dark.
He had a cap.
But I'd know his voice.
Jackson was born in Albany, he shops at the A&P, but he's black.
So it's racial and linked to a particular territory.
The shooter asked Mr.
Jackson how he liked the neighborhood.
Now, a witness to the Calzada killing said he thought the shooter said, "Have a nice day.
" But when we talked to him again he said it might have been, "Welcome to the neighborhood.
" Calzada was shot in Harlem, the others were upper West Side.
Yeah, but the place where Calzada was shot used to be a movie theater.
Now when I was a kid up there, we considered that part of the neighborhood.
He knows the area, considers it his, something bad happened to him there.
Find something good that happened.
That'll be news.
He's irrationally blaming all people with dark skin.
He's paranoiac in general, probably has a history of feuding with neighbors.
He'll talk to someone about his obsession.
His wife, whoever.
He'll seek social support.
Maybe regulars at a neighborhood bar.
A bar where white guys make racist remarks? Can't be too many of those.
He might seek the literature of a white supremacist group.
The Bureau has mailing lists.
I'll get you a sort on the New York zip codes.
There's not much doubt he'll kill again.
None.
Any of the names match our lists? I fed in black on white crime victims from the upper West Side the reports from your street canvassing, hunting licenses from nearby counties Thomas Jones, subscribes to Aryan News assaulted two years ago.
He's 88.
Never too old to be a bigot.
George Ferguson, muggee.
From the street canvass, two winners in Brooklyn and Queens.
You got your passport? Thanks.
Sure.
We know you've been in that neighborhood, Kevin.
These dead people, they were niggers? You got a problem with black people? What do you think? Kevin, what's going on? Who are you? I'm Det.
Logan, this is Det.
Briscoe.
Is this boy your son? I'm Kevin's mother.
What do you want? We're talking to people who are on the mailing lists of white supremacist groups.
Why? What's it to you? They're asking about some niggers that got shot, Ma.
Oh, yeah? Well, we've been crying our eyes out.
Look, we happen to believe white people have the right to stand up for themselves.
There's no rule against that.
Let's go inside.
But we do need to know where Kevin was last night.
He was at church.
On a Tuesday? Choir practice.
There's 40 God-fearing witnesses.
Come on.
George Ferguson? Now, why would a black guy subscribe to White Power World? Identity crisis? Robert Nelthropp's forwarding phone number is in North Dakota.
I'm sure he'll be very happy there.
Who's next? Arthur Tunney, Rego Park.
Interviewed on Broadway two days ago in a Giants cap.
In my eyes, it could be him and it could be you.
So where'd he move to? He didn't say.
You know where he moved here from? I still get mail for him.
Some of it's forwarded from an address in Manhattan.
I been saving it, in case he calls.
All right, the address, the upper West Side? Yeah, I think so.
I'll go get it for you.
Tunney? Sure, he used to live here with his mother.
Where is he now? I don't know.
He was here a couple of days ago with his sister.
They were clearing out the rest of the old lady's stuff.
Did they go to Florida? You don't know? The old lady, she was taking a walk to the park, maybe three, four months ago.
Broad daylight, kids snatched her bag, knock her down she hit her head, they left her to die.
Scum.
We have a Tunney on our victims list? Her name's Waters.
Second marriage.
These kids, what racial persuasion were they? Come on, look around.
They weren't Eskimos.
You got the sister's name? Yeah.
I begged her to move somewhere safer but she lived in that apartment 53 years.
The neighborhood was her life.
She wouldn't leave.
My brother-in-law hated it there.
He moved back in with her to protect her.
Have you found the African-Americans who killed my mother? That's why we needed to talk to your brother.
What can he tell you you don't already know? Well, we might have missed something before.
He's on West End Avenue, 1410.
What? She knew we weren't there about the mother.
Well, the husband didn't know.
Or he didn't care.
You wanna call for backup? No, let's just do it.
And get a 12-gauge hello? Hey.
Cap, bag.
Close enough.
Arthur Tunney? Yeah? All right, get your hands up on the roof.
Spread your legs.
Don't move! Wheeling out the welcome wagon again, Artie? It's number four, I think.
Take your time, Mrs.
Whitney.
She made her call.
Yes, it's four.
I think.
Thank you, Mrs.
Whitney.
Come on, Mrs.
Whitney.
Right this way.
Mr.
Montoya, step right up.
Mr.
Montoya, I want you to look at these people very carefully.
Number three.
Or one.
Definitely three or one.
Good choices.
I'll take my client home now.
He's got one more audition.
Number one: How do you like the neighborhood? Number two: How do you like the neighborhood? Number three: How do you like the neighborhood? Play that one again.
Number three: How do you like the neighborhood? That's it.
That's him.
That's the man that shot me.
So, I have a shotgun.
Ever hear of the Constitution? The right to bear arms? Does the Constitution give you the right to shoot people? Black people? Well, as a matter of fact, the Constitution says they're only worth three-fifths of a white man.
Mr.
Tunney, I advise you to remain silent.
It's okay, we're talking about the Constitution.
Article One, Section Three.
Look it up.
That article's been amended.
Progress.
It's not always a good thing.
And the old neighborhood really went to hell with itself, didn't it? Yes, it did.
And I don't see you people doing anything about it.
And so you decided to do some cleaning up on your own.
When I said "you people," I was talking about the white lackey power structure.
I didn't mean you people.
You people have done plenty.
Made the neighborhood a wonderful place if you like living in Nairobi or wherever it is you're from.
I'm from Brooklyn, Mr.
Tunney.
You've done a nice job there, too.
Mr.
Tunney, this isn't doing you any good.
You are, Miss Levinson? Your public defender advice is worth everything I'm paying for it.
I will be dispensing with your services soon.
What are you gonna do, Tunney? Get a lawyer in a white sheet? Don't you see what's happening in this country? Don't you want to see? "Docket number 87345, People v.
Arthur Tunney.
"Three counts of murder in the second degree "one count of attempted murder in the second degree.
" I see a defendant.
Do I see an attorney? Your Honor, I've just been engaged to take over Mr.
Tunney's defense.
Always a pleasure, Mr.
McCoy.
Mutual, Judge.
Not guilty.
On all counts, I assume.
Miss Kincaid? In view of the heinous nature of the crimes, Your Honor the People request that Mr.
Tunney be held without bail.
However heinous the crime, Mr.
Tunney is not.
He has a job, he has roots in the community the police have overreacted to public outrage by precipitously arresting an innocent man.
If you wanna argue the evidence, Mr.
McCoy write me a brief.
Defendant remanded without bail.
You're not concerned? He wasn't off the bus at Rikers 20 minutes, and he's viciously stabbed.
A vicious, superficial cut.
And he's under very good guard at the prison hospital.
While every young blood in the yard is sharpening his spoon.
He'll be protected.
The only way to assure that is to drop your opposition to my motion for bail.
Then he'd be safe and nobody else would.
If he's your killer.
I've seen stronger evidence that Eisenhower was a communist.
Please, you're not gonna take a chance with this guy.
He's out killing innocent people.
In the eyes of the law, I believe Mr.
Tunney is an innocent person.
Unless you've already had a trial and convicted him without inviting me.
No, Horace.
We wouldn't think of having a trial without inviting you.
Horace McCoy is a member of the Harlem Defense League now he's defending a racist killer? Yeah, well, someday a rapist may be lining up to hire you.
Yeah, but what's in it for him? Don't worry about his motivation.
Worry that he can win.
We've got an eyewitness and a weapon.
We've got an ear-witness and a generic shotgun.
And we can show a revenge motive.
Two black teenagers killed his mother.
Yeah, wonderful.
First, he gets sympathy, then he trots out McCoy to show he's not a bigot.
That's why he hired him.
Tunney is running amok.
He's killing innocent people.
You wanna deal him? No, sir.
You've got to convict.
Or every crime victim in the city launches himself as Captain Vengeance.
But if Tunney casts himself in that role, maybe he's proud of what he did.
He brags to the world about it, hangs himself.
You think we can get him to take the stand? Ask him.
Unless you're offering your services as Mr.
Tunney's bodyguard I don't see the reasons for this meeting.
I took another look at your evidence.
Based on your ballistics report alone you should have indicted half the duck hunters in the state.
Well, Horace, we have looked at the evidence and we think there's extenuating circumstances.
The brutal death of your mother, Mr.
Tunney.
They got her.
Not another word.
Used to be a nice neighborhood, until these people- You ever hear of the Sixth Amendment? Mr.
Tunney has a right to counsel.
He also has a right to be heard.
Don't you love watching a black lawyer at work? It's a marvel of nature, like a platypus.
Platypus? That's a big word.
You know, you don't sound so dumb.
I'm surprised you haven't noticed Stone is here to trick you.
I was smart enough to hire you, wasn't I, Horace? I better take it.
Going to protect the rights of another oppressed black man? Tunney! You gotta listen to me or I'm out that door! Sit! You have no qualms about this, Horace? You mean, why didn't I stay above 110th Street where I belong? That's not what I mean, and you know it.
Do you ask white lawyers if they have qualms when they defend a black man accused of killing white people? If it's a question of principle and the defense being railroaded, no.
How about a man being entitled to the best possible defense? The Tunneys can afford a flashy lawyer.
Precisely.
And they got a good one.
I'm not questioning your ability.
You're a great lawyer.
You know that.
I know that.
I want the whole city to know that.
Is that what this is all about? Some high-profile form of advertising? You mean, I might get my name on the short list of trial lawyers for wealthy clients? Put up there with Haines and Spence and Cutler? When they made their names defending killers did you ask about their consciences? The call was from Van Buren.
Another shotgun killing on the upper West Side.
The victim was black.
But he was fooling around with his cousin's girlfriend the cousin had a temper and the shotgun.
Don't tell me.
The police can't find them.
Terrific.
It's a copycat and McCoy'll use him at the bail hearing to prove that we have the wrong guy.
Don't worry, I'm prepped.
For Judge Pongracic? That woman? She's very unpredictable.
If only she could hear Tunney talk about them and platypuses.
Or the jury could.
He must have sounded off to someone who could help us establish motive.
Briscoe and Logan said that his sister wasn't surprised that they were looking for him, so check her out.
Maybe we both want something, Miss Kincaid.
I want to keep a dangerous killer off the streets.
Dangerous killer.
Funny way to hear your little brother described.
I remember how he cried if I used to blow his birthday candles out.
How about more recently? Will you testify about what your brother said about black people? What he did about black people? My brother'll die if he goes to prison.
Now, maybe Arthur said things to me I don't remember.
Unless I have a reason to.
There's an isolation unit at Dannemora, we can promise you- He needs help.
He belongs in a mental hospital, not a prison.
He's not legally insane.
Not even his lawyer is claiming that he is.
Then I can't help you.
She knows he's guilty but she won't cooperate.
It was her mother, too.
She's angry.
Adam, if my brother was spraying pedestrians with a shotgun, I'd turn him in.
Would you? Yes, sir.
If she's protecting him, why didn't she call to warn him after the police left her apartment? Briscoe and Logan drove 50 blocks to Tunney's place but he didn't leave until after they got there.
But when they got there, the gun wasn't loaded and there were no shells in the bag.
He wasn't taking it in for repairs.
He was trying to dump it? Get the sister's phone records.
The Bradleys' LUDs.
There's a call to Tunney 20 minutes after Briscoe and Logan walked out of there.
Twenty minutes.
No wonder he was still around when the cops got there.
The sister's rock solid behind him.
She wouldn't delay.
But she wasn't the only one there.
What, her husband tried to talk her out of it? He's the weak link? We've got to hope there's one somewhere.
Now it's a crime to call your brother? It is if you told him to get rid of evidence, yes.
You could be charged with hindering prosecution, Mrs.
Bradley.
Go ahead, slap her wrists, Mr.
Stone.
I'll slap back harder with a charge of harassment.
Don't threaten me, Horace.
You're here as a courtesy.
He's our lawyer.
Not for long, if your brother's interests and yours diverge.
My brother and I are on the same side.
Do you want to share a cell with him? Mr.
Bradley, how eager are you to be indicted? Me? Yes, it's your phone, too.
We can assume action in common.
Unless, of course, you tried to prevent her from calling.
You don't have to listen to this.
Let's go.
Mary.
We'll discuss it outside.
So we go with what we've got.
The family's standing firm.
Defend thy brother though he shoot thy neighbor.
We still have a victim's testimony.
And the motive's a lock, Tunney's a raving racist.
Racism's in style these days.
There was a dinner at the East Side Sunday night.
This woman next to me starts telling this coon joke.
How could anyone today find that funny? People are saying things I'd have been embarrassed to think 10 years ago.
Unemployment, crime.
People make scapegoats out of minorities.
Average white male, he's more likely to be attacked by his wife than by a black mugger.
Subsequent to placing Mr.
Tunney under arrest, we searched his apartment.
And is this the literature that you found there? In his bedroom.
Please read the highlighted paragraph.
Objection.
Surely, what an American citizen reads cannot be subject to police inquiry.
It goes to motive, Your Honor, and state of mind.
And it goes against the First Amendment.
Overruled.
But keep it on point, Mr.
Stone.
"So-called Africans, truly called mud people "diverged from Homo sapiens ages ago.
"They are not human, and hunting them is as natural as hunting raccoons.
" Right.
Thank you.
It's my understanding that the police first expressed interest in Mr.
Tunney because his name was on the mailing list of the What was it? White Power Party.
Is that correct? Yes.
How many people in the five boroughs are on that list and other similar lists you consulted? About 700.
Can you tell us where each one of them was the day that Hector Duvall was shot? Can you tell us where they were the day Ashita Khan was shot? Mr.
Tunney had a sawed-off shotgun and a strong motive.
I understand.
Where was Mitchell Pergament, the night Lionel Jackson was shot? Your Honor, objection.
Is this a name on the list and is he going to ask about every one of them? Mitchell Pergament's brother was killed by a black mugger on Dyckman Street eight days before Mr.
Tunney's mother was murdered.
I assume you have a number of other grieving relatives to inquire about? Fifty or sixty.
What do you say you boil it down to a single question, Mr.
McCoy? Detective, did you investigate every one of the 750 New Yorkers who had the same alleged motive or state of mind as the defendant? We didn't need to.
We already had the killer.
You made that assumption and that is where your investigation stopped.
It was double-barreled.
Side by side.
When I saw those two holes pointing at me, I tried to get the hell away.
Mr.
Jackson, are you certain that the voice of the gunman was the same as the voice of the defendant, Arthur Tunney? He's the one.
Thank you.
Your witness.
You did not see the face of the man who shot you? He was his size, his build.
Then for all you know, it might have been this man.
No, he's shorter.
I can tell.
If Mr.
McCoy would like the two gentlemen to stand next to each other and be measured, the People have no objection.
How old are you, Mr.
Jackson? Seventy-two.
But perfect hearing.
On the night you were shot, you were unconscious for two hours.
You lost half the blood in your body.
You had major surgery.
Now, through all that trauma you don't have the slightest bit of normal doubt that you could remember or distinguish a voice you'd never heard before? I remember the voice of the first white man that told me not to come in his store.
I remember the voice of the doctor who told me I had a healthy son.
And I remember the voice of the man who took out a gun and shot me.
I'm glad Lionel Jackson was on our side.
He could teach a course on how to testify as a witness.
How good a witness is Dr.
Olivet? She's terrific.
But not on this case.
If they don't want to bring up Tunney's psychology, neither do I.
Why do you ask? McCoy's witness list is out.
He's calling Olivet.
And he's subpoenaed every note and record concerning the development of the serial killer profile.
What? I knew McCoy was clever, but this is off the Richter scale.
He can bury us with this material.
And use our own expert to turn the shovel.
This psychological profile of the killer was not prepared solely by you, was it, Dr.
Olivet? It was primarily compiled by the FBl.
Experts who studied how many, Something like that.
Who had access to information on every crime in the United States and an entire staff of distinguished psychiatrists? Objection, Your Honor.
I honestly don't understand the relevance of this.
I'm just trying to establish that this profile is an authoritative description of the killer.
But it's a hypothetical description.
It didn't arrest Mr.
Tunney, the police did.
Relying on this profile.
Fair enough, Mr.
McCoy.
But let's not belabor its bona fides.
Fine.
It says here that the killer would have spoken of his rage to his wife.
Is Mr.
Tunney married? It says that he would have spoken to his wife or someone close to him.
Is Mr.
Tunney married? No.
It says here the killer has a history of feuding with neighbors.
Mr.
Tunney has not feuded with anyone that I've heard of.
Have you? The profile is only a tool to help investigators.
It guided them right smack to Ted Bundy, didn't it? Right smack to Arthur Shawcross? It was one of many things that helped investigators- This profile says that the killer worked at a succession of menial jobs.
Mr.
Tunney owns his own upholstery business, doesn't he? So I've been told.
Mr.
Tunney fails to match this profile in many significant aspects, does he not? And he matches in others.
How many men in New York City match this profile overall more closely than Arthur Tunney? I couldn't say.
Unfortunately, neither can the police.
You use the profile when you're hunting a lunatic and McCoy makes it blow up in your face.
Olivet held him off as well as she could.
Yeah.
He was just grasping at phrases.
It didn't mean anything.
They were just words.
Words is what we do around here, Miss Kincaid.
Who's McCoy got next? His ballistics expert.
Ours made the case that the same gun had shot all four victims and that it's one in a million.
And McCoy'll have the jury believing they grow on trees.
Call him.
See what you can work out.
We're still winning.
The goal, Miss Kincaid, is to keep Tunney off the streets not improve our batting average.
Mr.
McCoy, please.
Ben Stone calling.
We don't wanna give him the whole store.
One count, 25-to-life.
That's still murder two.
Will McCoy take it? One life imprisonment is better than three, and that gives McCoy a partial victory and Tunney is off the streets, thank God.
I hate to interrupt, sir, but can we meet at Rikers? Since when? I can imagine.
Why the hell wasn't I notified? Don't gloat, Horace.
No.
No, and you might wanna warn your neighbors.
Tunney has been out on the streets since 4:00 this afternoon.
What? Where's our notice? Some clerk's dog ate it.
I make the rulings, Ben.
I don't deliver the mail.
The bail hearing was a week ago.
You come back from vacation and drop this on us? Ruling on motions is part of my job.
We're just asking for another hearing.
You know how to do that, send your notice to defense counsel.
There are exigent circumstances here.
Tunney could be pulling the trigger while we're talking.
If he's your killer.
Mr.
McCoy's motion made the point that one of these murders was committed while Mr.
Tunney was in jail.
By a copycat.
And he's not linked to the killings that Tunney's charged with.
I suggest you take your argument to the Appellate Division.
Because you won't admit you made a mistake? Keep up that tone, Mr.
Stone, and I'll hold you in contempt.
You'll jail me, and you won't jail a mass murderer? Ben! I'm sure Judge Rodriguez will hear an appeal expeditiously.
We don't have time for that.
We can get an order in half an hour.
I used to work for him.
Fine.
Thank you, Your Honor.
Give her a raise, Ben.
You were about to walk out of here in cuffs.
If I acted inappropriately, I'm sorry.
Don't be.
You didn't act inappropriately.
And neither did I.
What is inappropriate is a judge releasing a serial killer.
I'll call Judge Rodriguez.
No.
I'll take care of that.
You make sure that the cops find Tunney.
All right? He's not at home, he's not at the mother's, he's not at the sister's.
Keep unmarked cars in front of all of them.
What do we do with him when we find him? He's out legally.
Let him know he has company all the time.
Right.
If we find him.
The family might know where he is.
The sister's standing up for him.
Lennie, you remember the brother-in-law? He gave up Tunney's address.
He was a little shaky before, even when Tunney was safely locked up.
How do you think he's sleeping knowing Tunney's on the prowl? We'll press him.
Our lawyer's on his way over.
We're not here about Mrs.
Bradley, we're not here about any crime that you may have committed.
We're here about your brother.
We've been through this.
We don't know where the hell he is, Mr.
Bradley.
And we don't know what he's up to.
Even if he is the killer, you think he's crazy enough to do it again during his trial? What do you think? You know him better than I do.
How crazy was he when he shot those innocent people? And how much crazier is he now that he's been stabbed by a black man in jail? The case is going against him.
He knows he's about to go to prison for the rest of his life.
How is he gonna want to spend his last few hours in the city? Shopping for souvenirs? Maybe we ought to tell them.
We got nothing to worry about.
We can't do anything about what he did before.
He didn't do anything before.
Look, he came by here, upset after the first two shootings.
He was talking crazy.
Shut up! My mother-in-law's things are in a storage locker.
Arthur was in and out of there all the time.
I don't know Arthur killed anybody.
Mary doesn't know Arthur My mother-in-law said she'd move out of that neighborhood if she could live with us.
I said okay, but Mary said no.
She said her mother would drive her crazy.
The key, Mr.
Bradley? My father-in-law was a hunter.
He owned two or three shotguns.
Look at this.
That's my mother-in-law.
Very artistic.
Most people use flowers.
Hey, Lennie, check it out.
Sawed-off, double-barrel.
This is from the gun we found on Tunney.
You didn't know, Mr.
Bradley? I haven't been here in months.
Wait a minute.
Single-barrel.
Fresh filings.
This was sawed off today.
We've got 18 cars out, 40 officers on foot.
So far, nothing.
We're not invisible.
Maybe he takes his act 10 blocks uptown, 10 blocks downtown.
Get him! My bag! He took my bag! Hold it! Hold it! You're kidding.
I don't have time for you.
I ain't do nothing.
Radio call.
Man down at 1215, West 105.
How's he doing? He'll be okay.
The bus is sent for.
Where'd the shooter go? There.
He's dead.
It's Tunney.
Suicide? With his own gun? No, this one.
Took it off her.
This girl? My father all right? He's gonna be okay.
We were coming from the bus.
That guy shot at us.
This used to be a nice neighborhood.
These are their stories.
What the hell kind of flavor is coco piñada? My wife brings it home.
I like it.
What ever happened to ginger ale? I don't know, Dad.
What ever happened to sarsaparilla? Damn! Signal 10-24.
Female down.
Ave Maria! Geez! Oh, no! Oh, man! He ran in there.
You catch the bastard, there.
What's he look like? Like you.
A white guy with a gym bag.
Stay here! So you never saw the guy running? No, there was a truck in the way.
But a witness saw him run into the garage.
And you chased him in there? I did, but the back's a dead end.
And you never saw anybody drive out? No one drove out.
Witnesses? Mr.
Montoya.
If you'd have ran faster, you'd have him.
He don't run too fast for me.
You ought to make me the cop.
You stay here.
You shut up.
Mike, what do you got? Meet Ashita Khan.
She's 32 years old, she's got a Musicians Union card she's got $45 in her pocketbook, and she's got a shotgun blast in her chest.
Last Monday, about 6:00 p.
m.
, that grocery clerk, the same thing what, about three blocks from here.
Look at that bag, Lennie.
That's the same market.
Maybe the guy got upset 'cause they weren't giving out green stamps anymore.
They saw the guy, too.
He was only about 30, but he had manners, I thought.
He said hello to me and then he pulled his rifle out of his bag.
It was so loud, my ears are still ringing.
I told you he's here.
I call Who? You know the guy? You pray, you know the enemy of God.
Satan? El diablo? He live.
Great, let's book him.
I don't think so.
This guy knows the neighborhood.
Satan's not a local.
They're both shot on the street.
There's no robbery, there's no warning.
A Haitian teenager and a woman from India.
Welcome to America.
The same weapon.
Shotgun.
So we don't count on Ballistics for a match.
Well, there were no shells on the ground.
So that means what? Either the shooter picked them up, or it's a breech-load.
Or it's two breech-loads.
It's possibly the most common weapon in the country.
Duck country.
Van Buren.
Thanks.
The husband's here.
Ashita and I we moved to the neighborhood about five years ago.
It was once a very fine area, you know.
The realtor said it was coming back.
When was the last time you spoke to your wife? This afternoon.
She was leaving for a rehearsal.
The Wennegren Chamber Orchestra.
She played the cello, you know.
She said she was gonna pick up dinner at Webb Market.
Webb Market.
That's where Hector Duvall worked.
A boy was shot last week.
He was a cashier there.
I read about it.
I didn't know he worked there.
Your wife ever mention him to you? A cashier? Why? Can you think of anybody who might have wanted to hurt her? Of course not.
Nobody.
Last Last week we found out we were gonna have a baby.
Shotgun wounds, the gun's usually a street sweeper.
Drug cowboys love them.
The hole in the woman's chest was five inches across.
Then it wasn't a sweeper unless the shooter was standing a block away.
He wasn't.
The woman was standing here when she was shot.
And some of the shot passed across her shoulder and hit the wall.
We triangulate back from the edge of the spread patterns on the wall and on the body.
The shooter was here.
That's a wide spread for that close.
Exactly.
Unless the barrel was sawed-off.
What about Hector, the cashier? Number 5 goose shot.
Old paper shells.
Same as the woman.
Plus the same pattern, the same spread.
Amazing coincidence? Or the same gun.
And I saw the same ammunition, similar spread, two weeks ago in Harlem.
The late, unlamented Ruben Calzada.
Yeah, okay.
Calzada was a sidewalk lookout for a crack house.
The 72 has his murder listed under "Solve After the Next Ice Age.
" If the Indian cellist was on the pipe, her husband forgot to mention it.
If she had a special relationship with Hector Duvall he forgot to mention that, too.
Maybe Duvall had a part-time job with Calzada.
Maybe Calzada shopped at Webb's Market.
Maybe it's time to buy a quart of milk.
All right, his name's Calzada, Ruben.
Now, you ever seen him around Hector Duvall? I don't think so.
What about her? She's a nice lady.
She shops here.
But you won't believe how many coupons she brings.
Was she friendly with Hector? Hector worked and he studied, then he worked, then he studied.
He just got into Columbia on a scholarship.
No drugs ever? Girlfriends? My friend Samantha thought he was cute.
Practically tackled him one day after work.
And he almost broke his ankle running away to do his homework.
The kid's a Boy Scout, the Indian lady's a saint.
No hanky-panky there.
She and her husband held hands in the elevator.
And the drug dealer? A drug dealer.
Killed by the same ammunition, probably the same gun.
Give me a connection between the victims, please.
There might not be one.
Then we're really in trouble.
Get all the witnesses in.
I'm calling Olivet.
It was a Giants cap.
White guys all root for the Giants.
Is that the face? The nose was wider.
And the chin.
The chin was longer.
Not that long.
The old lady keeps trying to make him look like Liberace.
One thing they all agree on: he was white.
And he wore a cap.
Giants, Mets, Green Bay Packers.
Get me every report you have on the victims.
Crime scenes, forensics, photos.
I'll send it to Behavioral Sciences in Quantico.
We don't need the FBl to show us how to handle a homicide.
Three homicides, seemingly random.
If you've got a serial killer, the connection's in his mind.
Serial killer? We don't know that.
Then explain this to me.
Okay, maybe.
Bring the Feds in, it'll take us a week to show them how to use the subway.
Their psychological profiles helped catch Bundy and Shawcross up in Rochester.
Yeah.
They had David Koresh all figured out, too.
You got any suggestions what we do while the geniuses work? Start the drill.
You guys, 106th Street.
From Amsterdam to the park.
You two, Broadway.
Every lamppost, every wall.
Have the supers hang them by the mailboxes.
Fellas, we're collecting white guys with caps.
You wanna join the party? We'll find our own.
Anybody interested? No, they all work here, they got jobs here.
We're taking names and addresses.
All right.
The uniforms looked for the guy over by this fire escape.
But there's another door back there that leads to a passageway goes all the way through to 103rd Street.
That's how the shooter got away.
You were here? Yeah.
For about three years when I was a kid.
You could steal a comic book from that drugstore and be skipping down before the old guy at the counter even knew you were gone.
I was interested in the criminal mind even then.
Well, if the shooter knew about your passageway, maybe he grew up here, too.
So that would make him Irish? Jewish? Yeah.
That's what it was when I was here.
Everybody worked 60 hours a week, nobody had a nickel.
Same as today, except now they're black and Spanish.
Yeah.
New York City.
You don't like the neighborhood? Wait 10 minutes.
Haven't seen him.
What's he drink? If we find him, I'll ask.
I hope it's Bordeaux.
When this neighborhood was about to go up a few years ago I laid in a stock of the best French wines.
Sounds exciting.
The characters that moved in only want the latest flavor wine cooler.
Peach Parfait.
$1.
19.
Well, you sell enough of those, what's the difference? The difference? I'm standing here wondering which of my customers is gonna come in some night and blow me away.
No, I don't think so.
I took out the Mantovani section.
And replaced it with masterpieces like this? Well, myself, I still like early Billie Holiday, anything by Bach.
But I give the people what they want.
Now, my best customers, white kids from Central Park West.
Their dads are all dentists.
Any song about blowing away cops, nothing personal, they buy me out.
Explain it to me.
Too much violence on television.
White people don't cash their checks here.
They got banks.
There are a few poor white people.
Bring one in.
I'd like to meet him.
Gonna be a long day.
There were two weeks between the first two killings two days between the second two.
He's speeding up.
Unless there were killings after the first one that you haven't detected.
New York's a tough town but we usually notice when pedestrians get whacked by a 12-gauge.
Most of the time.
Let me run you through the baby steps on a killer like this: He looks like the most normal person in the world.
He has trouble with personal relations.
He'll get an ego boost by killing again while the police are still looking for him.
So we all go home and wait for him to tire himself out? No, you just might be smarter than he is.
You want to help us out or just give us an IQ test? The choice of weapon is interesting.
We're checking recent shotgun purchases.
Don't bother.
If he bought a new weapon for this he would not have bought a breech-loading 12-gauge.
No.
He's using something that's been sitting in a closet someplace.
So he's a hunter? Or his father.
We're doing what we can with hunting licenses.
We think he's between the age of 35 and 40.
Our witness said 30.
Mrs.
Whitney? The elderly tend to underestimate age.
He's acting out a grudge against a group because of something that happened to him.
Either real or imagined.
Checking Webb's Market, fired employees, customers with complaints.
Calzada was Dominican, Duvall Haitian, Khan Indian.
And they all had dark skin.
So a guy who has a beef, real or imagined, against foreigners, non-whites or a supermarket.
Dealer's choice? The next victim will narrow our focus.
The 49's sending over Twenty blocks, one on each side, we need at least 80.
And no Irish beat-walkers in drip-dry suits.
We want blacks, Hispanics, women, people who look like kids.
Is the department gonna go for this? They won't even spring for felt-tips.
You organize the bodies, I'll worry about the money.
Turn that music down! Let me get your windshield here.
Van Buren, the block's still covered.
Can you spot them? Ours, ours ours.
The lady's three for three.
Maybe I'll break out my fishnets, spiked heels and give someone the night off.
Unit 12, come in.
Unit 12.
Broadway.
Ambulance on the way.
He's a lucky man, Mr.
Jackson.
He caught a load of bird shot in the back a couple of fliers just missed his heart, one nicked his kidney.
He must've turned and run when he saw the gun.
It's good instincts.
Yeah, most people freeze and die.
We need to talk to him.
The man's just out of emergency surgery.
We're chasing a serial killer, Doc.
There he is.
Mr.
Jackson, Detectives Briscoe and Logan New York Homicide.
Can you tell us what happened? He asks me: "How do you like the neighborhood?" Then he took a double-barreled out of a bag.
I took off.
D- Day, Omaha Beach I saw what happened to people who didn't break for cover.
Did you happen to get a look at his face? It was dark.
He had a cap.
But I'd know his voice.
Jackson was born in Albany, he shops at the A&P, but he's black.
So it's racial and linked to a particular territory.
The shooter asked Mr.
Jackson how he liked the neighborhood.
Now, a witness to the Calzada killing said he thought the shooter said, "Have a nice day.
" But when we talked to him again he said it might have been, "Welcome to the neighborhood.
" Calzada was shot in Harlem, the others were upper West Side.
Yeah, but the place where Calzada was shot used to be a movie theater.
Now when I was a kid up there, we considered that part of the neighborhood.
He knows the area, considers it his, something bad happened to him there.
Find something good that happened.
That'll be news.
He's irrationally blaming all people with dark skin.
He's paranoiac in general, probably has a history of feuding with neighbors.
He'll talk to someone about his obsession.
His wife, whoever.
He'll seek social support.
Maybe regulars at a neighborhood bar.
A bar where white guys make racist remarks? Can't be too many of those.
He might seek the literature of a white supremacist group.
The Bureau has mailing lists.
I'll get you a sort on the New York zip codes.
There's not much doubt he'll kill again.
None.
Any of the names match our lists? I fed in black on white crime victims from the upper West Side the reports from your street canvassing, hunting licenses from nearby counties Thomas Jones, subscribes to Aryan News assaulted two years ago.
He's 88.
Never too old to be a bigot.
George Ferguson, muggee.
From the street canvass, two winners in Brooklyn and Queens.
You got your passport? Thanks.
Sure.
We know you've been in that neighborhood, Kevin.
These dead people, they were niggers? You got a problem with black people? What do you think? Kevin, what's going on? Who are you? I'm Det.
Logan, this is Det.
Briscoe.
Is this boy your son? I'm Kevin's mother.
What do you want? We're talking to people who are on the mailing lists of white supremacist groups.
Why? What's it to you? They're asking about some niggers that got shot, Ma.
Oh, yeah? Well, we've been crying our eyes out.
Look, we happen to believe white people have the right to stand up for themselves.
There's no rule against that.
Let's go inside.
But we do need to know where Kevin was last night.
He was at church.
On a Tuesday? Choir practice.
There's 40 God-fearing witnesses.
Come on.
George Ferguson? Now, why would a black guy subscribe to White Power World? Identity crisis? Robert Nelthropp's forwarding phone number is in North Dakota.
I'm sure he'll be very happy there.
Who's next? Arthur Tunney, Rego Park.
Interviewed on Broadway two days ago in a Giants cap.
In my eyes, it could be him and it could be you.
So where'd he move to? He didn't say.
You know where he moved here from? I still get mail for him.
Some of it's forwarded from an address in Manhattan.
I been saving it, in case he calls.
All right, the address, the upper West Side? Yeah, I think so.
I'll go get it for you.
Tunney? Sure, he used to live here with his mother.
Where is he now? I don't know.
He was here a couple of days ago with his sister.
They were clearing out the rest of the old lady's stuff.
Did they go to Florida? You don't know? The old lady, she was taking a walk to the park, maybe three, four months ago.
Broad daylight, kids snatched her bag, knock her down she hit her head, they left her to die.
Scum.
We have a Tunney on our victims list? Her name's Waters.
Second marriage.
These kids, what racial persuasion were they? Come on, look around.
They weren't Eskimos.
You got the sister's name? Yeah.
I begged her to move somewhere safer but she lived in that apartment 53 years.
The neighborhood was her life.
She wouldn't leave.
My brother-in-law hated it there.
He moved back in with her to protect her.
Have you found the African-Americans who killed my mother? That's why we needed to talk to your brother.
What can he tell you you don't already know? Well, we might have missed something before.
He's on West End Avenue, 1410.
What? She knew we weren't there about the mother.
Well, the husband didn't know.
Or he didn't care.
You wanna call for backup? No, let's just do it.
And get a 12-gauge hello? Hey.
Cap, bag.
Close enough.
Arthur Tunney? Yeah? All right, get your hands up on the roof.
Spread your legs.
Don't move! Wheeling out the welcome wagon again, Artie? It's number four, I think.
Take your time, Mrs.
Whitney.
She made her call.
Yes, it's four.
I think.
Thank you, Mrs.
Whitney.
Come on, Mrs.
Whitney.
Right this way.
Mr.
Montoya, step right up.
Mr.
Montoya, I want you to look at these people very carefully.
Number three.
Or one.
Definitely three or one.
Good choices.
I'll take my client home now.
He's got one more audition.
Number one: How do you like the neighborhood? Number two: How do you like the neighborhood? Number three: How do you like the neighborhood? Play that one again.
Number three: How do you like the neighborhood? That's it.
That's him.
That's the man that shot me.
So, I have a shotgun.
Ever hear of the Constitution? The right to bear arms? Does the Constitution give you the right to shoot people? Black people? Well, as a matter of fact, the Constitution says they're only worth three-fifths of a white man.
Mr.
Tunney, I advise you to remain silent.
It's okay, we're talking about the Constitution.
Article One, Section Three.
Look it up.
That article's been amended.
Progress.
It's not always a good thing.
And the old neighborhood really went to hell with itself, didn't it? Yes, it did.
And I don't see you people doing anything about it.
And so you decided to do some cleaning up on your own.
When I said "you people," I was talking about the white lackey power structure.
I didn't mean you people.
You people have done plenty.
Made the neighborhood a wonderful place if you like living in Nairobi or wherever it is you're from.
I'm from Brooklyn, Mr.
Tunney.
You've done a nice job there, too.
Mr.
Tunney, this isn't doing you any good.
You are, Miss Levinson? Your public defender advice is worth everything I'm paying for it.
I will be dispensing with your services soon.
What are you gonna do, Tunney? Get a lawyer in a white sheet? Don't you see what's happening in this country? Don't you want to see? "Docket number 87345, People v.
Arthur Tunney.
"Three counts of murder in the second degree "one count of attempted murder in the second degree.
" I see a defendant.
Do I see an attorney? Your Honor, I've just been engaged to take over Mr.
Tunney's defense.
Always a pleasure, Mr.
McCoy.
Mutual, Judge.
Not guilty.
On all counts, I assume.
Miss Kincaid? In view of the heinous nature of the crimes, Your Honor the People request that Mr.
Tunney be held without bail.
However heinous the crime, Mr.
Tunney is not.
He has a job, he has roots in the community the police have overreacted to public outrage by precipitously arresting an innocent man.
If you wanna argue the evidence, Mr.
McCoy write me a brief.
Defendant remanded without bail.
You're not concerned? He wasn't off the bus at Rikers 20 minutes, and he's viciously stabbed.
A vicious, superficial cut.
And he's under very good guard at the prison hospital.
While every young blood in the yard is sharpening his spoon.
He'll be protected.
The only way to assure that is to drop your opposition to my motion for bail.
Then he'd be safe and nobody else would.
If he's your killer.
I've seen stronger evidence that Eisenhower was a communist.
Please, you're not gonna take a chance with this guy.
He's out killing innocent people.
In the eyes of the law, I believe Mr.
Tunney is an innocent person.
Unless you've already had a trial and convicted him without inviting me.
No, Horace.
We wouldn't think of having a trial without inviting you.
Horace McCoy is a member of the Harlem Defense League now he's defending a racist killer? Yeah, well, someday a rapist may be lining up to hire you.
Yeah, but what's in it for him? Don't worry about his motivation.
Worry that he can win.
We've got an eyewitness and a weapon.
We've got an ear-witness and a generic shotgun.
And we can show a revenge motive.
Two black teenagers killed his mother.
Yeah, wonderful.
First, he gets sympathy, then he trots out McCoy to show he's not a bigot.
That's why he hired him.
Tunney is running amok.
He's killing innocent people.
You wanna deal him? No, sir.
You've got to convict.
Or every crime victim in the city launches himself as Captain Vengeance.
But if Tunney casts himself in that role, maybe he's proud of what he did.
He brags to the world about it, hangs himself.
You think we can get him to take the stand? Ask him.
Unless you're offering your services as Mr.
Tunney's bodyguard I don't see the reasons for this meeting.
I took another look at your evidence.
Based on your ballistics report alone you should have indicted half the duck hunters in the state.
Well, Horace, we have looked at the evidence and we think there's extenuating circumstances.
The brutal death of your mother, Mr.
Tunney.
They got her.
Not another word.
Used to be a nice neighborhood, until these people- You ever hear of the Sixth Amendment? Mr.
Tunney has a right to counsel.
He also has a right to be heard.
Don't you love watching a black lawyer at work? It's a marvel of nature, like a platypus.
Platypus? That's a big word.
You know, you don't sound so dumb.
I'm surprised you haven't noticed Stone is here to trick you.
I was smart enough to hire you, wasn't I, Horace? I better take it.
Going to protect the rights of another oppressed black man? Tunney! You gotta listen to me or I'm out that door! Sit! You have no qualms about this, Horace? You mean, why didn't I stay above 110th Street where I belong? That's not what I mean, and you know it.
Do you ask white lawyers if they have qualms when they defend a black man accused of killing white people? If it's a question of principle and the defense being railroaded, no.
How about a man being entitled to the best possible defense? The Tunneys can afford a flashy lawyer.
Precisely.
And they got a good one.
I'm not questioning your ability.
You're a great lawyer.
You know that.
I know that.
I want the whole city to know that.
Is that what this is all about? Some high-profile form of advertising? You mean, I might get my name on the short list of trial lawyers for wealthy clients? Put up there with Haines and Spence and Cutler? When they made their names defending killers did you ask about their consciences? The call was from Van Buren.
Another shotgun killing on the upper West Side.
The victim was black.
But he was fooling around with his cousin's girlfriend the cousin had a temper and the shotgun.
Don't tell me.
The police can't find them.
Terrific.
It's a copycat and McCoy'll use him at the bail hearing to prove that we have the wrong guy.
Don't worry, I'm prepped.
For Judge Pongracic? That woman? She's very unpredictable.
If only she could hear Tunney talk about them and platypuses.
Or the jury could.
He must have sounded off to someone who could help us establish motive.
Briscoe and Logan said that his sister wasn't surprised that they were looking for him, so check her out.
Maybe we both want something, Miss Kincaid.
I want to keep a dangerous killer off the streets.
Dangerous killer.
Funny way to hear your little brother described.
I remember how he cried if I used to blow his birthday candles out.
How about more recently? Will you testify about what your brother said about black people? What he did about black people? My brother'll die if he goes to prison.
Now, maybe Arthur said things to me I don't remember.
Unless I have a reason to.
There's an isolation unit at Dannemora, we can promise you- He needs help.
He belongs in a mental hospital, not a prison.
He's not legally insane.
Not even his lawyer is claiming that he is.
Then I can't help you.
She knows he's guilty but she won't cooperate.
It was her mother, too.
She's angry.
Adam, if my brother was spraying pedestrians with a shotgun, I'd turn him in.
Would you? Yes, sir.
If she's protecting him, why didn't she call to warn him after the police left her apartment? Briscoe and Logan drove 50 blocks to Tunney's place but he didn't leave until after they got there.
But when they got there, the gun wasn't loaded and there were no shells in the bag.
He wasn't taking it in for repairs.
He was trying to dump it? Get the sister's phone records.
The Bradleys' LUDs.
There's a call to Tunney 20 minutes after Briscoe and Logan walked out of there.
Twenty minutes.
No wonder he was still around when the cops got there.
The sister's rock solid behind him.
She wouldn't delay.
But she wasn't the only one there.
What, her husband tried to talk her out of it? He's the weak link? We've got to hope there's one somewhere.
Now it's a crime to call your brother? It is if you told him to get rid of evidence, yes.
You could be charged with hindering prosecution, Mrs.
Bradley.
Go ahead, slap her wrists, Mr.
Stone.
I'll slap back harder with a charge of harassment.
Don't threaten me, Horace.
You're here as a courtesy.
He's our lawyer.
Not for long, if your brother's interests and yours diverge.
My brother and I are on the same side.
Do you want to share a cell with him? Mr.
Bradley, how eager are you to be indicted? Me? Yes, it's your phone, too.
We can assume action in common.
Unless, of course, you tried to prevent her from calling.
You don't have to listen to this.
Let's go.
Mary.
We'll discuss it outside.
So we go with what we've got.
The family's standing firm.
Defend thy brother though he shoot thy neighbor.
We still have a victim's testimony.
And the motive's a lock, Tunney's a raving racist.
Racism's in style these days.
There was a dinner at the East Side Sunday night.
This woman next to me starts telling this coon joke.
How could anyone today find that funny? People are saying things I'd have been embarrassed to think 10 years ago.
Unemployment, crime.
People make scapegoats out of minorities.
Average white male, he's more likely to be attacked by his wife than by a black mugger.
Subsequent to placing Mr.
Tunney under arrest, we searched his apartment.
And is this the literature that you found there? In his bedroom.
Please read the highlighted paragraph.
Objection.
Surely, what an American citizen reads cannot be subject to police inquiry.
It goes to motive, Your Honor, and state of mind.
And it goes against the First Amendment.
Overruled.
But keep it on point, Mr.
Stone.
"So-called Africans, truly called mud people "diverged from Homo sapiens ages ago.
"They are not human, and hunting them is as natural as hunting raccoons.
" Right.
Thank you.
It's my understanding that the police first expressed interest in Mr.
Tunney because his name was on the mailing list of the What was it? White Power Party.
Is that correct? Yes.
How many people in the five boroughs are on that list and other similar lists you consulted? About 700.
Can you tell us where each one of them was the day that Hector Duvall was shot? Can you tell us where they were the day Ashita Khan was shot? Mr.
Tunney had a sawed-off shotgun and a strong motive.
I understand.
Where was Mitchell Pergament, the night Lionel Jackson was shot? Your Honor, objection.
Is this a name on the list and is he going to ask about every one of them? Mitchell Pergament's brother was killed by a black mugger on Dyckman Street eight days before Mr.
Tunney's mother was murdered.
I assume you have a number of other grieving relatives to inquire about? Fifty or sixty.
What do you say you boil it down to a single question, Mr.
McCoy? Detective, did you investigate every one of the 750 New Yorkers who had the same alleged motive or state of mind as the defendant? We didn't need to.
We already had the killer.
You made that assumption and that is where your investigation stopped.
It was double-barreled.
Side by side.
When I saw those two holes pointing at me, I tried to get the hell away.
Mr.
Jackson, are you certain that the voice of the gunman was the same as the voice of the defendant, Arthur Tunney? He's the one.
Thank you.
Your witness.
You did not see the face of the man who shot you? He was his size, his build.
Then for all you know, it might have been this man.
No, he's shorter.
I can tell.
If Mr.
McCoy would like the two gentlemen to stand next to each other and be measured, the People have no objection.
How old are you, Mr.
Jackson? Seventy-two.
But perfect hearing.
On the night you were shot, you were unconscious for two hours.
You lost half the blood in your body.
You had major surgery.
Now, through all that trauma you don't have the slightest bit of normal doubt that you could remember or distinguish a voice you'd never heard before? I remember the voice of the first white man that told me not to come in his store.
I remember the voice of the doctor who told me I had a healthy son.
And I remember the voice of the man who took out a gun and shot me.
I'm glad Lionel Jackson was on our side.
He could teach a course on how to testify as a witness.
How good a witness is Dr.
Olivet? She's terrific.
But not on this case.
If they don't want to bring up Tunney's psychology, neither do I.
Why do you ask? McCoy's witness list is out.
He's calling Olivet.
And he's subpoenaed every note and record concerning the development of the serial killer profile.
What? I knew McCoy was clever, but this is off the Richter scale.
He can bury us with this material.
And use our own expert to turn the shovel.
This psychological profile of the killer was not prepared solely by you, was it, Dr.
Olivet? It was primarily compiled by the FBl.
Experts who studied how many, Something like that.
Who had access to information on every crime in the United States and an entire staff of distinguished psychiatrists? Objection, Your Honor.
I honestly don't understand the relevance of this.
I'm just trying to establish that this profile is an authoritative description of the killer.
But it's a hypothetical description.
It didn't arrest Mr.
Tunney, the police did.
Relying on this profile.
Fair enough, Mr.
McCoy.
But let's not belabor its bona fides.
Fine.
It says here that the killer would have spoken of his rage to his wife.
Is Mr.
Tunney married? It says that he would have spoken to his wife or someone close to him.
Is Mr.
Tunney married? No.
It says here the killer has a history of feuding with neighbors.
Mr.
Tunney has not feuded with anyone that I've heard of.
Have you? The profile is only a tool to help investigators.
It guided them right smack to Ted Bundy, didn't it? Right smack to Arthur Shawcross? It was one of many things that helped investigators- This profile says that the killer worked at a succession of menial jobs.
Mr.
Tunney owns his own upholstery business, doesn't he? So I've been told.
Mr.
Tunney fails to match this profile in many significant aspects, does he not? And he matches in others.
How many men in New York City match this profile overall more closely than Arthur Tunney? I couldn't say.
Unfortunately, neither can the police.
You use the profile when you're hunting a lunatic and McCoy makes it blow up in your face.
Olivet held him off as well as she could.
Yeah.
He was just grasping at phrases.
It didn't mean anything.
They were just words.
Words is what we do around here, Miss Kincaid.
Who's McCoy got next? His ballistics expert.
Ours made the case that the same gun had shot all four victims and that it's one in a million.
And McCoy'll have the jury believing they grow on trees.
Call him.
See what you can work out.
We're still winning.
The goal, Miss Kincaid, is to keep Tunney off the streets not improve our batting average.
Mr.
McCoy, please.
Ben Stone calling.
We don't wanna give him the whole store.
One count, 25-to-life.
That's still murder two.
Will McCoy take it? One life imprisonment is better than three, and that gives McCoy a partial victory and Tunney is off the streets, thank God.
I hate to interrupt, sir, but can we meet at Rikers? Since when? I can imagine.
Why the hell wasn't I notified? Don't gloat, Horace.
No.
No, and you might wanna warn your neighbors.
Tunney has been out on the streets since 4:00 this afternoon.
What? Where's our notice? Some clerk's dog ate it.
I make the rulings, Ben.
I don't deliver the mail.
The bail hearing was a week ago.
You come back from vacation and drop this on us? Ruling on motions is part of my job.
We're just asking for another hearing.
You know how to do that, send your notice to defense counsel.
There are exigent circumstances here.
Tunney could be pulling the trigger while we're talking.
If he's your killer.
Mr.
McCoy's motion made the point that one of these murders was committed while Mr.
Tunney was in jail.
By a copycat.
And he's not linked to the killings that Tunney's charged with.
I suggest you take your argument to the Appellate Division.
Because you won't admit you made a mistake? Keep up that tone, Mr.
Stone, and I'll hold you in contempt.
You'll jail me, and you won't jail a mass murderer? Ben! I'm sure Judge Rodriguez will hear an appeal expeditiously.
We don't have time for that.
We can get an order in half an hour.
I used to work for him.
Fine.
Thank you, Your Honor.
Give her a raise, Ben.
You were about to walk out of here in cuffs.
If I acted inappropriately, I'm sorry.
Don't be.
You didn't act inappropriately.
And neither did I.
What is inappropriate is a judge releasing a serial killer.
I'll call Judge Rodriguez.
No.
I'll take care of that.
You make sure that the cops find Tunney.
All right? He's not at home, he's not at the mother's, he's not at the sister's.
Keep unmarked cars in front of all of them.
What do we do with him when we find him? He's out legally.
Let him know he has company all the time.
Right.
If we find him.
The family might know where he is.
The sister's standing up for him.
Lennie, you remember the brother-in-law? He gave up Tunney's address.
He was a little shaky before, even when Tunney was safely locked up.
How do you think he's sleeping knowing Tunney's on the prowl? We'll press him.
Our lawyer's on his way over.
We're not here about Mrs.
Bradley, we're not here about any crime that you may have committed.
We're here about your brother.
We've been through this.
We don't know where the hell he is, Mr.
Bradley.
And we don't know what he's up to.
Even if he is the killer, you think he's crazy enough to do it again during his trial? What do you think? You know him better than I do.
How crazy was he when he shot those innocent people? And how much crazier is he now that he's been stabbed by a black man in jail? The case is going against him.
He knows he's about to go to prison for the rest of his life.
How is he gonna want to spend his last few hours in the city? Shopping for souvenirs? Maybe we ought to tell them.
We got nothing to worry about.
We can't do anything about what he did before.
He didn't do anything before.
Look, he came by here, upset after the first two shootings.
He was talking crazy.
Shut up! My mother-in-law's things are in a storage locker.
Arthur was in and out of there all the time.
I don't know Arthur killed anybody.
Mary doesn't know Arthur My mother-in-law said she'd move out of that neighborhood if she could live with us.
I said okay, but Mary said no.
She said her mother would drive her crazy.
The key, Mr.
Bradley? My father-in-law was a hunter.
He owned two or three shotguns.
Look at this.
That's my mother-in-law.
Very artistic.
Most people use flowers.
Hey, Lennie, check it out.
Sawed-off, double-barrel.
This is from the gun we found on Tunney.
You didn't know, Mr.
Bradley? I haven't been here in months.
Wait a minute.
Single-barrel.
Fresh filings.
This was sawed off today.
We've got 18 cars out, 40 officers on foot.
So far, nothing.
We're not invisible.
Maybe he takes his act 10 blocks uptown, 10 blocks downtown.
Get him! My bag! He took my bag! Hold it! Hold it! You're kidding.
I don't have time for you.
I ain't do nothing.
Radio call.
Man down at 1215, West 105.
How's he doing? He'll be okay.
The bus is sent for.
Where'd the shooter go? There.
He's dead.
It's Tunney.
Suicide? With his own gun? No, this one.
Took it off her.
This girl? My father all right? He's gonna be okay.
We were coming from the bus.
That guy shot at us.
This used to be a nice neighborhood.