Law & Order (1990) s05e16 Episode Script
Wannabe
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.
Honestly, they're still not answering at the bakery, Dad.
I bet they've gone home and completely forgotten about Carrie's cake.
(CHATTERING ON TV) Probably stuck in traffic.
Well, they were supposed to be here an hour ago.
How long can it possibly take to drive 15 blocks? Mom, it's just a cake.
I'll call Bill on his car phone.
He can stop by and pick up the cake on his way home.
(GUN FIRING) Sally.
What was that? Someone's lying on the sidewalk.
Dad, for God's sake Stay inside.
And call 911.
(nos BARKING) Oh.
My God! Sally! It's Bill.
(SIREN WAILING) The guy's name is William Prescott.
His father-in-law found him.
Where's the father-in-law? He's inside with Prescott's wife.
Couple of kids in there, too.
I'll catch you up there.
Two in the back.
No exit wounds.
Any witnesses? Everybody had something better to do.
I bet.
(SIGHING) Okay.
Well, grab a couple of guys, ring some doorbells.
Tell the patrol sergeant I want him to get people looking for that weapon and shell casings.
That his bag? Yeah.
Birthday present.
Guy with his hands full, easy pickings for a mugger.
Looks like he didn't pick hard enough.
There was no one out there.
It was freezing.
I can't believe this! BRISCOE: He was coming home from work? Yes.
He's with Latham Morris in Rockefeller Center.
They're an accounting firm.
What, does he usually take a cab home? No.
A private car service.
He always has the same driver.
Eugene.
His name's Eugene.
I told Bill he shouldn't be living in Manhattan.
Especially not this far up.
Why is that? Is it too far from work? Too close to where those animals live.
They don't care who they kill.
(CRYING) Oh, God.
It's Carrie's 10th birthday.
How could they do this to us? I picked him up 7:30 every night in front of 15 Rock.
A town car every night? Not too shabby for a CPA.
No.
He wasn't just some storefront tax wonk.
Mr.
Prescott had a black belt in accounting.
He played with the big boys.
Well, when you dropped him off, did you notice any suspicious-looking urban youths hanging around? No.
He had me drop him on the corner.
And traffic was bad, and he didn't want me to have to drive around the block.
He was a nice guy like that.
So last night, business as usual? That's right.
Nobody was after us.
Nobody was following us.
I checked the rearview mirror, it's part of my job.
Checking the rearview, is that Prescott's idea? No.
It's company policy.
Our clients are worth a lot of money.
The ME pulled two .
32 H&R mags out of Prescott's body.
One's still perfect.
Ballistics tagged the piece as a Charter Arms Police Undercover.
Not your average Saturday night special.
Have Ballistics run a comparison with old cases.
You said Mr.
Prescott kept a schedule? Yeah.
He sure did.
Picked up at 7:30 p.
m.
, home by 8:00 p.
m.
Every night for the past six years.
Any pro could set his watch by him.
BRISCOE: And why a pro? Maybe Prescott ran into a junkie with a cash problem.
And left the solution in Prescott's wallet? All right, Prescott throws him a few bucks out of his pocket, and the perp wasn't happy with the count.
Prescott was shot from behind.
You think he turned his back on a mugger with a gun? No one's that brave at 8:00 at night.
He did what for a living? Very dangerous work.
He was an accountant.
Maybe somebody didn't like where he put his decimal points.
It's a terrible blow to the firm.
Mr.
Prescott was our white knight, our turnaround specialist.
Well, you lost me on that.
He put companies back on their feet by trimming the fat.
You know, with personnel, factories, assets.
And since I've been with him, I watched him pull six companies back from the brink.
As of Tuesday, what company did he have on the operating table? Colony Air.
He was shifting Colony's hub from Newark to a right-to-work state.
So he told the unions that they'd either have to move and take a pay cut, or find themselves out of work.
What a wonderful choice.
Colony Air was on its way to corporate boot hill.
All unions care about are sick days and overtime.
Careful.
We belong to a union.
You ever burn anyone in effigy? That's what the baggage handlers did last week to Mr.
Prescott.
Were there ever any threats of a less symbolic nature? Yeah.
The usual phone calls.
They even had their filthy-mouth kids call and leave a message for Mr.
Prescott.
And I quote, "You're dead, you bastard.
" I don't suppose anybody ever left a number? As a matter of fact, one of them left his name.
He called here a few times.
He was very agitated.
Yeah, yeah, yeah.
Here it is.
Harrigan.
Very rough-sounding individual.
Claimed that he had to talk to Mr.
Prescott and said it was personal.
Well, some people take losing their jobs very personally.
That bag of slime, Prescott, he provoked us plenty.
Not only is he screwing us, but he won't even tell it to our face.
Last week, he cancels a meeting with us for some personal business, like getting his tennis racket re-strung.
My guys are still pissed.
So what, they barbecued a dummy in front of his office? Now that's called an exercise of free speech.
It is not a crime.
(PAGER BEEPING) Mind if I use your phone? Yeah.
Out in the back, on the desk.
And have you got a member named Harrigan? Harrigan? No.
Maybe you'd like to check your files before you trip and hurt yourself.
Look, what is the point of killing a guy like Prescott? He'll be gone a minute, and another suit will pick up where he left off.
Hey, Lennie.
So that was Ballistics.
They got a match on the slug.
The same gun that killed Prescott put three bullets in a liquor store clerk last May.
They know who worked the case? Detective Styles, in the fifth.
Madison Street Liquors? No.
That one never went down.
You never found the guy? No, we collared him.
Jimmy Rose.
Shot the clerk without even a "hands up.
" Our eyewitness got cold feet on the stand.
Jury acquitted.
Hey, guys, give me a couple of seconds, okay? Five stores on the block have been hit in the past two weeks.
That Madison Street job, did you find the murder weapon? Charter Arms Undercover.
Never found it.
Why? It was used two nights ago.
Homicide on East 91st Street.
This guy Rose, he ever freelance his talents? Work for hire? Yeah, that's possible.
He's always looking for new opportunities.
You've kept in touch? Hey, perpetrator walks, you know sooner or later he's gonna slip.
Rose swings a mop at the Ogden Hotel, 9:00 to 5:00.
What's this about? I'm an honest working man.
Yeah, we saw pictures of your work at the Madison Street liquor store.
It's very skillful how you put three bullets in that guy's face.
You can't touch me on that.
I'm innocent by the courts.
You never hear about double jeopardy? Hey, that only covers you for the first guy you killed, Jimmy.
The guy you shot Tuesday night's a whole new ballgame, James.
What guy? I was at a party with 50 people.
I didn't do no guy.
That's funny, he was shot with the exact same gun you used on the clerk.
That's bull.
I don't even got that gun anymore.
I mean, I never did (GROANING) Listen, I am not messing around.
You keep jerking us around, I'm gonna stick my hand right down your miserable throat, and turn your whole miserable life around! CLERK: Hey! What are you doing? Hey, this is official police business.
When we get done with you, your life is not gonna be worth living.
Okay.
There's nothing you can do to me, anyway, on account of double jeopardy.
The Madison Street thing, after I ran from the store, I hopped on the Seven train at the Brooklyn Bridge Station.
I dropped the gun in the subway, between the trains.
Where on the subway? Between Brooklyn Bridge and Essex.
Thanks for the tip.
Cuff him, Mike.
Hey, what are you doing? Take that off.
I told you, man, I'm covered by double jeopardy here! Better go back to law school, Jimmy.
You disposed of a firearm used in a crime.
You're under arrest.
LOGAN: We tossed Rose's crib.
There is no gun.
BRISCOE: Yeah.
And his alibi holds up.
Assume he's telling the truth.
His gun could've been picked up on the tracks and sold on the street.
Or used by whoever found it.
You had a name you were working on? Harrigan.
He called Prescott about some personal thing.
LOGAN: Yeah.
That's right.
And Prescott canceled a meeting with the union over a personal thing.
So maybe The reason he was killed was a personal thing.
Talk to the wife.
Bill never talked about work.
He just didn't bring his problems home.
That's the way we lived.
Well, what did you talk about? I don't know.
We talked about our children, our friends.
So you and your husband were getting along all right? Yes.
Everything was fine.
What are you insinuating? Nothing.
It's just a routine question.
My daughter is afraid to leave this house.
I can't sleep anymore.
And now you're implying my husband was having an affair? LOGAN: There's a reason we have to ask, Mrs.
Prescott.
We were told your husband canceled a very important business meeting last week for a personal matter.
Do you know what that was? Bill is on the Board of Directors of the Luther C.
Chase Academy, our son's school.
They had some kind of a last-minute meeting.
I don't know what it was about.
Did your husband ever mention a man named Harrigan? Harrigan? Yes, I know that name.
It's one of our son's schoolmates.
(BELL RINGING) Here.
I'm sorry, I can't release the Harrigan's address.
You'll have to see the headmaster.
Fine.
We'll see the headmaster.
Do you want to make the introductions? Oh, Dr.
Penton's not on the premises at the moment.
If you leave your name and phone number Miss, we're not asking for the answers to next week's algebra exam.
LCC protects the privacy of its students and their parents.
It has done so for 130 years.
It's not up to me to change school policy.
Well, our organization goes back even farther than that.
And our policy includes such things as search warrants.
Now, if you like, we can come back with one.
Just a moment.
Mr.
Harrigan's home address.
I doubt you'll find him there now.
You might try the New York Transit Authority.
Oh, yeah? What is he, the commissioner? Oh, hardly.
He works in the subway, down on the tracks.
Tom Harrigan's a track walker.
He inspects three to four miles of track every day, looking for loose bolts, track sleepers, anything that falls off a train.
You can't imagine what they find down there.
I bet we can.
Where's Harrigan now? He's here.
He walks this whole length, between here and here, every two days.
I hate to ask you this, but can you tell us where was he walking last May? Last May.
The J line.
Two blocks from Madison Street Liquors.
We find a gun.
We're supposed to turn it in.
Well, we're looking for a pistol that was dropped on the I line last May.
And you were working there, right? Yeah.
I didn't find no pistol.
There's a lot of homeless down there.
Maybe one of them did.
Is it important? We think it is.
That's the gun that shot William Prescott last Tuesday.
Yeah.
I read that he got shot.
That's terrible.
People aren't safe anymore.
Yeah.
You're right.
By the way, what were you doing last Tuesday night, if you don't mind my asking? Me? I was home with my kid, watching the Knicks.
What's this got to do with me? You were calling Prescott every couple of days.
And you two don't exactly look like drinking buddies.
It was about my kid, Colin.
He got kicked out of school.
Prescott's got some pull, I figured maybe he could help me get Colin back in.
He have anything to do with getting him kicked out? Look, that's between me, my kid and the school, all right? That's the way they want it.
They? Meaning the school? Yeah.
That's the way they do things.
I worked hard to get Colin into Luther Chase.
If he's got a prayer of getting back in, I don't wanna blow it by talking out of turn.
I gotta get back to work.
Am I arrested? Not yet.
(BELL RINGING) We were terribly shocked by Bill's death.
He was an outstanding parent and a great contribution to the school.
How much of a contribution did he make in getting Colin Harrigan expelled? What do you mean? Well, Colin's father called Prescott several times.
We'd like to find out what was going on.
Well, Bill was on the Board of Governors.
As such, he had some input in the decision to expel Colin.
A guy like Tom Harrigan must've saved every penny to pay the tuition here.
He had to be a little upset when you gave his son the boot.
Colin was on a partial scholarship.
But, yes, Mr.
Harrigan had a difficult time accepting the Board's decision.
But I can't imagine he'd turn violent.
What exactly did Colin do to get himself kicked out? Well, outside of being an outstanding hockey player and a diligent student, Colin simply didn't fit into the LCC family.
Beyond that, I can't discuss specifics.
Well, we'd like to discuss the specifics.
Minor children are involved, Detective.
Their parents could sue us.
Until I talk to legal counsel, I'm afraid I can't discuss any more of your questions.
Forgive me.
Even if we tie Harrigan to the gun, I don't see a motive here.
Look, getting his kid into that prep school was a big deal.
And having him thrown out's a bigger deal.
Why focus his anger on Prescott? Maybe he was working his way through the Board of Governors.
We don't know.
The school isn't saying.
I mean, they've got a 130-year-old tradition of clamming up.
They must keep files.
You tried getting a search warrant? Judge Moser turned them down.
The application was too general.
I'll talk to McCoy about convening a grand jury.
Then we can issue a subpoena duces tecum for the school files.
You'll have it by tomorrow.
VAN BUREN: Thanks, Claire.
In the meantime, check Harrigan's alibi.
I was out shopping with my sister, but Tom was home here with Colin.
How can you be so sure? 'Cause I called home just about 8:00.
Colin had been out skating at Wolman.
I told Tom to heat up some soup for him.
Look, you got the wrong idea about my husband.
Oh, he wasn't upset about your son? Of course he was.
He had it all planned.
The right prep school, hockey scholarship to Dartmouth or Cornell.
Look, he was doing everything he could to work things out with the LCC.
Did he ever say anything about talking to William Prescott? No.
He just said that he was talking to all the right people.
Did Prescott have a lot to do with Colin getting expelled? I don't know.
Well, maybe if you told us what it was your son did.
Look, it doesn't matter what he did.
They didn't want him around.
He was a better athlete than their kids, and he was smarter.
They were just looking for an excuse to get rid of him.
Oh, what excuse did they come up with? Look, I don't have to tell you anything.
I guess it's not just the rich who look down on us.
One of them gets killed, it's gotta be the dirty mick, right? The way these people keep secrets, they ought to be giving lessons to the CIA.
I mean, what did the kid do, stage a circle jerk in the locker room? Worse.
He probably brought some of Mom's corned beef and cabbage to the school tea party.
Well, they live 15 minutes from the Prescott's.
They might as well be on a different planet.
What? Yeah.
Yeah, tell them we'll be there.
Speaking of different planets, we're going back to LCC.
Dr.
Penton informed me of the subpoena.
As legal counsel to the school, and as the parent of a student, I was very concerned.
Oh, we're very concerned, too, Mr.
Barclay.
I spoke to a Mr.
McCoy at the District Attorney's office, and I assured him that we would give you any information you want.
But because of the privacy issue, you understand, we can't just hand over the school's files.
Well, you do understand, we expect you to be completely candid.
Goes without saying.
Dr.
Penton? Colin had a terrible temper.
He fought with other students.
He talked back to the instructors So did I.
Never got me expelled.
Three weeks ago, he brought a firearm to school.
Apparently, it belonged to his father.
LOGAN: What kind of firearm? Well, we never actually saw it, but it was described as a small pistol.
Did anybody see it? The student Colin threatened with the gun, Vaughn Prescott, Bill's son.
Bill was incensed.
He asked me, in my capacity as Chairman of the Board of Governors, to do whatever it took to have Colin removed from the school.
I had to agree.
How many Park Avenue homes have you torn apart over this thing? We couldn't get a search warrant for those, Mrs.
Harrigan.
Whose coat is this? It belongs to my son.
The kid's room's clean.
The parents' room's clean, and there's nothing in the kitchen.
The kid's gloves.
It was cold as hell the night of the shooting, let's keep them.
Hey, what's going on here? We have a warrant, Mr.
Harrigan.
Warrant or no, I want you the hell out of here! Yeah.
We were just leaving.
We'd like to take your son along with us.
We want to talk to him.
You want to talk to Colin? I go with him.
Look.
I don't know what the hell gun you're talking about.
I'm talking about the piece you flashed around.
The one that got you into all the trouble.
I didn't bring any gun to school.
What'd you do? Threaten the Prescott kid with your finger? Look, the school wanted me out of there, so they made up that crap about the gun, all right? I know where you're coming from, Colin, a lot more than you think.
Bunch of country club kids dissed you, right? Made you feel like you were trespassing on their turf.
So you go to visit Prescott, get a little respect.
But then things get out of hand, right? I was home, all night.
Your mother said you went skating.
That was before, around 7:00.
I got home in time for the Knicks game.
Anybody see you at the rink? I don't know.
I didn't look, all right? That's enough.
He's just a kid.
He needs to go home now.
Yeah, right.
Just a kid.
A kid with an attitude and a half.
Grow up on the Upper East Side, you get a Tiffany spoon in your mouth.
Grow up in Inwood, you get that.
Kid with a short fuse and a gun.
Bad luck for Mr.
Prescott.
Maybe bad luck for us.
No gun, no eyewitness.
And his parents say he was home.
Right.
And they've got to be telling the truth.
(PHONE RINGING) Yeah.
Thanks.
Forensics found gunpowder residue on the kid's right glove.
Colin Harrigan, you're under arrest for the murder of William Prescott.
What? You have the right to remain silent.
Anything you do say can and will be used against you in a court of law.
I doubt Mr.
McCoy's stormtroopers even bothered to read the search warrant.
It specified a gun, not a pair of gloves.
Mr.
Dwyer should keep up with his own reading.
The courts allow the seizure of any relevant evidence.
In what universe? People v.
Baker, Your Honor.
The police were looking for a knife.
They took a blood-stained sweater instead.
The court suppressed it.
And 16 years later, under People v.
Watson, that same sweater would've been allowed.
Watson covers obviously incriminating evidence found in plain view.
The gloves were neither.
JACK: In his opinion, Your Honor.
Your Honor, what makes this search especially odious is the fact the warrant was predicated on false information.
Weren't the officers told your client threatened a schoolmate with a gun? It was a lie.
The officers had a subpoena duces tecum to search the school files.
If they'd gotten off their duffs and actually looked at the files, they would've found a copy of this letter.
It was sent three weeks ago by the headmaster to Colin's father.
It states that it was an unnamed student, and not my client, who had the gun.
Well, we're splitting hairs here, Your Honor.
According to this, the student said he got the gun from Colin Harrigan.
What matters is what the headmaster told the police.
They had no reason to doubt his word.
They acted in good faith.
Mr.
McCoy, my cat coughs up sweeter smelling goop than this search warrant.
Motion to suppress granted.
They have no other evidence, Your Honor.
You're two for two, Mr.
Dwyer.
Motion to dismiss granted.
I had no idea Vaughn had been threatened.
My husband never said a word about it.
Dad didn't want you to worry.
Why didn't you tell the police? I was afraid.
CLAIRE: Afraid of who? Isn't that obvious? He's afraid of Colin Harrigan.
We know that Colin didn't threaten you with a gun.
It was another boy.
We wanna know his name.
Dr.
Penton told me not to discuss it with anybody.
Especially outsiders.
Vaughn, tell Mr.
McCoy who it was.
It was Barclay.
Stewart Barclay.
Nathan Barclay's boy? Oh, my God.
He roughed me up a couple of times.
I told our third-form master.
And after that, Stewart threatened you with the gun? Yeah.
I was afraid to go back to school.
He and Harrigan have this gang, five or six boys, from the hockey team.
We call them wannabes.
They want to be like Colin, because he walks the walk.
They think he's so cool, especially Stewart.
Stewart will do anything to impress Harrigan.
NATHAN: It was Harrigan's gun.
The fact that it passed through my son's hands is irrelevant.
He was the last person seen in possession of a murder weapon, Mr.
Barclay.
That strikes me as relevant.
When you were finished waving it in Vaughn Prescott's face, what did you do with it? Colin ditched it.
Where? I don't know.
He didn't tell me.
After he was expelled, did you have any conversation with him about Vaughn Prescott or his father? No.
I'm not allowed to talk to him at all.
Stewart, once you leave here, if I find out you've lied to me Don't you threaten my son.
No one, and that includes your father and your school, will be able to protect you.
Do you understand that? Come on, Stewart.
Mr.
McCoy is finished with you.
CLAIRE: Stewart Barclay's not just any other student.
His father's the Chairman of the school's Board of Governors.
Not coincidentally, he's also their legal advisor.
When we served the school with the subpoena, he's the one who assured us of their full cooperation.
Instead, the school circled the limos to keep the Barclay name out of it.
I'm shocked.
This isn't stink bombs in the boys' room, Adam.
They hindered prosecution of an A felony.
Now I'm very shocked.
It doesn't bother you they might be protecting a felon? Do you have evidence that the Barclay kid's involved? Didn't think so.
Harrigan's your shooter.
Don't invent conspiracies just because these people rub you the wrong way.
If we dig into this Harrigan-Barclay relationship, maybe we'll find the smoking gun.
There was no deliberate deception, Mr.
McCoy.
No one placed themselves above the law.
What do you call lying to the police? But surely you don't suspect Stewart Barclay of murder.
LCC has molded four generations of Barclay boys.
Our students don't grow up to be criminals.
Carrying a concealed weapon, menacing, assault.
Some of your students already are criminals.
Harrigan was a negative influence on the student body, and on Stewart in particular.
We thought expelling him would solve the problem.
It didn't? Some parents received phone calls, threatening their sons if he wasn't readmitted.
And it didn't occur to you to report those phone calls? I honestly believed we could take care of it within the LCC family.
Who made these calls? Well, we weren't able to nail it down, but someone thought they recognized Stewart Barclay's voice.
It sounds like you expelled the wrong boy.
I take exception to that.
Harrigan's a social experiment that failed.
His gutter values contaminated the other students.
We had to weed him out.
You hear that, Claire? We've stumbled on a nest of Social Darwinists.
Is this what you teach them in Civics class? It may not be fashionable, Mr.
McCoy, but it is tried and true.
I want the names of the people who got called, all of them.
I spoke with five parents who got phone calls.
One of them had their son listen in on an extension.
He recognized Stewart Barclay's voice.
He's sure it was him? Yes.
According to the police report, two days before he was shot, Prescott got a threatening phone call at work from a young boy.
I wonder what else Stewart was doing to prove what a tough little homeboy he is.
Well, helping his buddy shoot someone would certainly qualify.
Mrs.
Harrigan said her son was skating at Wolman that night.
Find out if he was skating pairs.
Most people, they skate the circle.
Kids like these, they cut ice like they're on a breakaway with Messier.
Well, I want to know about these kids, Mr.
Sosa.
Yeah.
Yeah, I remember them.
They accidentally clipped one of our young citizens from uptown.
I figured him and his three whaddups were gonna cream these two.
But the black kids just took off.
Maybe they had homework to do.
Right.
I figured they were coming back with about 10 of their buddies.
So I told these two to get lost.
This one here starts mouthing off at me.
Up mine, up my mother's.
Nothing you haven't heard before.
Except for emphasis.
This little butt-wipe, he lifts up his jersey.
He's got this gun sticking out of his hockey pants.
That's what scared the black kids.
What time was this? Around 7:30.
Gotta go.
BOY: Let go, man! Let go! They're all full of it.
I didn't call anybody.
You know what? We can pull your phone records.
We can prove you made those calls, Stewart.
Even if he did make a few crank calls, it hardly Crank calls? He made threats, Mr.
Barclay.
According to you.
But I guarantee it was Harrigan who put him up to it.
He and his father, they're all alike.
With their Irish temper, they lose control, and the next thing you know, we have a murder So Harrigan did it because he's a mick? Detective Logan is a mick.
I'm a mick, sir.
And if you don't shut up, I'll lose control and throw you out of the room! Take that cap off.
Your tough-guy act is not going to save you.
Our witness puts you in the park with Colin and the gun a half an hour before Mr.
Prescott was shot.
We didn't have a gun.
I swear.
LOGAN: Where did you go after you left Wolman rink? We went home.
Where exactly did you walk to? I walked Colin to Columbus Circle, then he took a subway.
The skate geek is lying.
I didn't have any gun.
And what about those black kids? You just said, "Boo," and they took off? I just lifted my jersey and showed them the corner of my hip pad, you know, on my hockey pants.
It looks like a gun butt.
That's what they saw, and that's what the other guy saw.
Tell me exactly how you went home from the rink.
We walked over to Columbus Circle and then I hopped the A train to Dyckman.
That's it? You went straight home? Well, you had your chance.
I just finished talking to Stewart Barclay.
He has a different story.
He doesn't skip the part about going to the Prescott house.
What specifically did he tell you? Everything I need to know.
Stew wouldn't tell you squat.
We didn't do anything.
His statement's being typed up as we speak.
After he signs it, you can read it on your way to Rikers.
TOM: Wait a minute.
We wanna talk to our lawyer in private.
You got a confession from Barclay? JACK: Did I say that? You certainly implied it.
There's no law against lying to a suspect.
And you probably miss the good old days before Miranda.
Hey, if anybody wants to hear some of this, I could accidentally hit the intercom button.
That's what my old man would've done in the good old days before Miranda.
(KNOCKING ON DOOR) Mr.
Harrigan wants to make a statement.
He's aware of his rights.
I've advised him against it, but this is what he wants.
I did it.
I shot Prescott.
Mr.
Harrigan, I know what you're trying I don't care what Stewart Barclay said.
I shot Prescott.
He ruined everything I worked for.
That's all fine, except for the gunpowder on your son's gloves.
Those are my gloves.
Colin wears them sometimes.
Prescott's secretary told me what time he gets home.
I wanted to talk to him about Colin.
He didn't give a crap.
He said Colin had his one chance.
He said that's the only chance people like us deserve.
I shot him.
You don't believe me? I'll take you to the gun.
MAN: Yeah.
It's over here.
I put it in there, in a bag.
.
32 Charter Arms Undercover.
That's it.
Read him his rights.
Thomas Harrigan, you're under arrest for the murder of William Prescott.
You have the right to remain silent.
Anything you say can and will be used against Harrigan pled guilty at his arraignment and waived indictment.
It's all over except for the cheering.
Look, I don't believe it.
The man's dedicated to his son.
He has every reason to take the rap.
And every reason to shoot the man he blames for ruining his son's future.
ADAM: Police find a fingerprint on the gun? A partial of Harrigan's thumb-print on the pistol butt.
You're ignoring the possibility that he just helped his son get rid of the weapon.
Yes, I am, Claire, because I'm not his attorney.
We say he's guilty.
He says he's guilty.
He's guilty.
How contrite was he at the plea negotiation? Enough to get his sentence reduced to 15-to-life.
The allocution's tomorrow.
Be happy, Miss Kincaid, we're saving the taxpayers a quarter of a million bucks.
I waited for Mr.
Prescott across the street from his house.
I wanted to talk to him about my son.
I had a gun with me that I carry for my protection.
Mr.
Prescott drove up in a town car.
I waited for the car to drive away.
Then I crossed the street to talk to him.
We had an argument.
He insulted me.
He insulted my family.
He turned his back on me like I was a panhandler.
At that moment, I got angry.
I shot him twice in the back.
And then I ran away.
JUDGE BARRY: Is that satisfactory to the People? Just one moment, Your Honor.
What's going on? Your Honor, we find the allocution unsatisfactory.
My client just described, in detail, how he shot the victim.
What else does Mr.
McCoy want? Mr.
McCoy, do you wish to inquire? Not at this moment, Your Honor.
We move for a continuance.
Your Honor, we have a deal in place.
We agreed to 15 years.
If Mr.
McCoy is just trying to up the ante I'm not, Your Honor.
I simply request 24 hours.
But if the defense can't consent to this, I will withdraw the sentence agreement.
All right, Your Honor, then I withdraw my objection.
Court will reconvene at 9:00 a.
m.
tomorrow.
He said he waited for Prescott's car to drive away.
Prescott's driver told the police he dropped him at the corner, more than half a block away.
Harrigan couldn't have seen the car.
You were right.
He didn't do it.
I would've rather been wrong.
Our case against the boys is still at square one.
They had a little gang at school? Get their names and bring 'em in for show-and-tell.
I'm Jack McCoy.
I'm the Assistant District Attorney for New York County.
You were invited here to talk to me about the murder of William Prescott.
And make no mistake, you will talk to me.
You're going to tell me everything you know about Colin Harrigan and Stewart Barclay's roles in that killing.
If you don't, if you lie, I'll add a new word to your vocabulary.
Conspiracy to commit murder.
You could serve as many years in prison as you have candles on your birthday cake.
Who wants to speak first? Detective Morel.
Start with this one.
The longer this takes, the harder these gentlemen will push.
They don't scare me.
They can't lay a hand on us.
I don't see anybody around here to stop them.
This isn't a rock-music video, son.
This is reality.
A man is dead, and our patience is wearing thin.
Detective Logan? Let's you and me have a conversation.
I give your friend 15 minutes with Detective Logan.
He will not only implicate Harrigan and Barclay, he might even point the finger at some of you.
There's You have something to say to me? Kelly.
Andrew Jameson.
What do you want to tell me, Andrew? It was all Stewart's idea.
He told Colin to bring a gun.
Three of us were gonna wear ski masks and scare the hell out of Prescott's old man.
So you went? No.
I was scared.
Stewart gets pretty extreme around Colin.
Any of your other friends know about this plan? No.
Just the three of us.
Did Stewart or Colin tell you what happened at the Prescott's? No.
But Stewart told me we had to stick together.
And not to say anything.
JACK: It's over, Stewart, even your father realizes it.
I've got you for conspiracy, and if I eat my Wheaties, I can get you for second-degree murder, and I won't care that Colin actually pulled the trigger.
But I NATHAN: Stewart, be quiet.
Mr.
McCoy, what if my son testified that he saw Colin Harrigan shoot William Prescott, what could he expect from you? Would he testify to that? I'd let him plead to conspiracy and recommend a minimum No, no, no.
Not good enough.
He was party to the murder of an innocent man.
What do you think is fair? I don't have to be concerned with that, Mr.
McCoy.
Stewart will not be charged.
He will testify in closed court.
His testimony will be sealed.
And nothing will stain his record.
That's our offer.
Barclay has you by your shorts.
You can't get the Harrigan kid without his son's testimony.
It was his son's idea to go there.
It was his idea to bring the gun.
He's got as much blood on his hands as Colin Harrigan.
And now he gets to go home and wash up.
And that's the prize for blinking first.
It's not right, Adam.
Barclay thinks he can bully us, 'cause he's got money and privilege.
Not to mention that he's the father of the only eyewitness.
Whether it's fair or not, this time, money walks.
Well, as of now, everyone's walking except Tom Harrigan.
That man's ready to burn at the stake for his son.
Yep.
I'd do the same for my kid.
You'd do the same for yours.
Give Barclay what he wants.
Not unless I absolutely have to.
Even if what Stewart Barclay says is true, it's still uncorroborated accomplice testimony.
It's meaningless.
Colin has nothing to worry about.
JACK: Don't believe it, Mr.
Harrigan.
If I don't hear from your son, I'll be in front of a grand jury tomorrow morning.
By noon, Colin will be indicted for murder.
You're all talk.
Tomorrow morning, I'm gonna finish what I started.
If you go ahead with the allocution, you do it without the sentence agreement.
So what? Then I do 25-to-life instead of 15.
I don't care.
Prescott had it coming.
The whole time Colin was growing up, I'd see these prep school kids on my way to work.
They had their blazers, their gray pants, and this look that comes from knowing the whole world is laid out at their feet.
That's what I wanted for him, to be like them.
And that bastard Prescott took it away from him.
This is so wrong, Mr.
Harrigan.
I'll make any sacrifice for Colin.
I sent Colin away to live with my sister in Pittsburgh.
He's going to get a second chance.
(GATE BUZZING) JACK: As long as his father says he did it, Colin can always present a plausible alternative theory for the crime.
We'd never convict him.
So, because you can't get Colin, you won't withdraw the charges against his father? Some consolation prize.
I'm not about to let go of the only leverage I have.
Leverage against whom? Tom Harrigan? Against Colin.
His father sent him out of the jurisdiction.
I don't believe that it was to give him a new lease on life.
He wants to keep us away from him.
Or him away from us.
Maybe Colin's on the fence about his father's martyrdom.
Call Judge Barry at home about a subpoena.
I want Colin in my office tomorrow morning.
And tell Nathan Barclay I want his son there, too.
What's he doing here? I wanted him to get a good look at you before you go away for life.
Colin, you and your mother go home right now.
JACK: Be quiet, Mr.
Harrigan.
There's no plea bargain anymore, Colin.
Your father will do 25 years, minimum.
Mr.
Prescott's family will make sure he never gets parole.
Don't listen to him! It's a death sentence, Colin.
Do you really want your father to die in prison for something you did? I know what it's like where you grew up.
I know what they say.
You do your own time for your own crime.
It's time to be a standup guy, Colin.
It's time to say who shot William Prescott.
Colin.
Dad I'm sorry.
Don't do this.
I shot him.
Oh, my God.
He recognized me.
Said I wasn't good enough to be in the same school with his kid.
Said I belonged in the dirt and the tunnels with my dad.
Look, manslaughter one, Jack.
We send it to family court.
He shot a man in the back twice.
He left a widow and two kids.
This doesn't go to family court.
Jack, he's 13.
I'll consider a lesser plea.
But only if he tells me who was with him.
Nobody.
I did it myself.
No! He told me everything that happened, Mr.
McCoy.
Stewart Barclay was there! Colin, tell him what he said to you.
He said he shouldn't take it from Prescott.
He told Colin to shoot! Unless your son testifies to it in court, it's hearsay.
It's inadmissible.
I'm not saying anything.
Stew wasn't there.
Colin, for God's sake I'm not a snitch, Dad.
I don't squeal on my friends.
Your friends? Stewart Barclay is waiting down the hall right now, ready to sell you out.
I don't care what he does.
I do what I do.
Like you, Dad.
Not like them.
Colin, for the last time.
Don't do this! Have an officer take him to Central Booking.
We won't be needing your son's testimony, Mr.
Barclay.
Colin confessed.
You can take Stewart home.
He's free to go.
These are their stories.
Honestly, they're still not answering at the bakery, Dad.
I bet they've gone home and completely forgotten about Carrie's cake.
(CHATTERING ON TV) Probably stuck in traffic.
Well, they were supposed to be here an hour ago.
How long can it possibly take to drive 15 blocks? Mom, it's just a cake.
I'll call Bill on his car phone.
He can stop by and pick up the cake on his way home.
(GUN FIRING) Sally.
What was that? Someone's lying on the sidewalk.
Dad, for God's sake Stay inside.
And call 911.
(nos BARKING) Oh.
My God! Sally! It's Bill.
(SIREN WAILING) The guy's name is William Prescott.
His father-in-law found him.
Where's the father-in-law? He's inside with Prescott's wife.
Couple of kids in there, too.
I'll catch you up there.
Two in the back.
No exit wounds.
Any witnesses? Everybody had something better to do.
I bet.
(SIGHING) Okay.
Well, grab a couple of guys, ring some doorbells.
Tell the patrol sergeant I want him to get people looking for that weapon and shell casings.
That his bag? Yeah.
Birthday present.
Guy with his hands full, easy pickings for a mugger.
Looks like he didn't pick hard enough.
There was no one out there.
It was freezing.
I can't believe this! BRISCOE: He was coming home from work? Yes.
He's with Latham Morris in Rockefeller Center.
They're an accounting firm.
What, does he usually take a cab home? No.
A private car service.
He always has the same driver.
Eugene.
His name's Eugene.
I told Bill he shouldn't be living in Manhattan.
Especially not this far up.
Why is that? Is it too far from work? Too close to where those animals live.
They don't care who they kill.
(CRYING) Oh, God.
It's Carrie's 10th birthday.
How could they do this to us? I picked him up 7:30 every night in front of 15 Rock.
A town car every night? Not too shabby for a CPA.
No.
He wasn't just some storefront tax wonk.
Mr.
Prescott had a black belt in accounting.
He played with the big boys.
Well, when you dropped him off, did you notice any suspicious-looking urban youths hanging around? No.
He had me drop him on the corner.
And traffic was bad, and he didn't want me to have to drive around the block.
He was a nice guy like that.
So last night, business as usual? That's right.
Nobody was after us.
Nobody was following us.
I checked the rearview mirror, it's part of my job.
Checking the rearview, is that Prescott's idea? No.
It's company policy.
Our clients are worth a lot of money.
The ME pulled two .
32 H&R mags out of Prescott's body.
One's still perfect.
Ballistics tagged the piece as a Charter Arms Police Undercover.
Not your average Saturday night special.
Have Ballistics run a comparison with old cases.
You said Mr.
Prescott kept a schedule? Yeah.
He sure did.
Picked up at 7:30 p.
m.
, home by 8:00 p.
m.
Every night for the past six years.
Any pro could set his watch by him.
BRISCOE: And why a pro? Maybe Prescott ran into a junkie with a cash problem.
And left the solution in Prescott's wallet? All right, Prescott throws him a few bucks out of his pocket, and the perp wasn't happy with the count.
Prescott was shot from behind.
You think he turned his back on a mugger with a gun? No one's that brave at 8:00 at night.
He did what for a living? Very dangerous work.
He was an accountant.
Maybe somebody didn't like where he put his decimal points.
It's a terrible blow to the firm.
Mr.
Prescott was our white knight, our turnaround specialist.
Well, you lost me on that.
He put companies back on their feet by trimming the fat.
You know, with personnel, factories, assets.
And since I've been with him, I watched him pull six companies back from the brink.
As of Tuesday, what company did he have on the operating table? Colony Air.
He was shifting Colony's hub from Newark to a right-to-work state.
So he told the unions that they'd either have to move and take a pay cut, or find themselves out of work.
What a wonderful choice.
Colony Air was on its way to corporate boot hill.
All unions care about are sick days and overtime.
Careful.
We belong to a union.
You ever burn anyone in effigy? That's what the baggage handlers did last week to Mr.
Prescott.
Were there ever any threats of a less symbolic nature? Yeah.
The usual phone calls.
They even had their filthy-mouth kids call and leave a message for Mr.
Prescott.
And I quote, "You're dead, you bastard.
" I don't suppose anybody ever left a number? As a matter of fact, one of them left his name.
He called here a few times.
He was very agitated.
Yeah, yeah, yeah.
Here it is.
Harrigan.
Very rough-sounding individual.
Claimed that he had to talk to Mr.
Prescott and said it was personal.
Well, some people take losing their jobs very personally.
That bag of slime, Prescott, he provoked us plenty.
Not only is he screwing us, but he won't even tell it to our face.
Last week, he cancels a meeting with us for some personal business, like getting his tennis racket re-strung.
My guys are still pissed.
So what, they barbecued a dummy in front of his office? Now that's called an exercise of free speech.
It is not a crime.
(PAGER BEEPING) Mind if I use your phone? Yeah.
Out in the back, on the desk.
And have you got a member named Harrigan? Harrigan? No.
Maybe you'd like to check your files before you trip and hurt yourself.
Look, what is the point of killing a guy like Prescott? He'll be gone a minute, and another suit will pick up where he left off.
Hey, Lennie.
So that was Ballistics.
They got a match on the slug.
The same gun that killed Prescott put three bullets in a liquor store clerk last May.
They know who worked the case? Detective Styles, in the fifth.
Madison Street Liquors? No.
That one never went down.
You never found the guy? No, we collared him.
Jimmy Rose.
Shot the clerk without even a "hands up.
" Our eyewitness got cold feet on the stand.
Jury acquitted.
Hey, guys, give me a couple of seconds, okay? Five stores on the block have been hit in the past two weeks.
That Madison Street job, did you find the murder weapon? Charter Arms Undercover.
Never found it.
Why? It was used two nights ago.
Homicide on East 91st Street.
This guy Rose, he ever freelance his talents? Work for hire? Yeah, that's possible.
He's always looking for new opportunities.
You've kept in touch? Hey, perpetrator walks, you know sooner or later he's gonna slip.
Rose swings a mop at the Ogden Hotel, 9:00 to 5:00.
What's this about? I'm an honest working man.
Yeah, we saw pictures of your work at the Madison Street liquor store.
It's very skillful how you put three bullets in that guy's face.
You can't touch me on that.
I'm innocent by the courts.
You never hear about double jeopardy? Hey, that only covers you for the first guy you killed, Jimmy.
The guy you shot Tuesday night's a whole new ballgame, James.
What guy? I was at a party with 50 people.
I didn't do no guy.
That's funny, he was shot with the exact same gun you used on the clerk.
That's bull.
I don't even got that gun anymore.
I mean, I never did (GROANING) Listen, I am not messing around.
You keep jerking us around, I'm gonna stick my hand right down your miserable throat, and turn your whole miserable life around! CLERK: Hey! What are you doing? Hey, this is official police business.
When we get done with you, your life is not gonna be worth living.
Okay.
There's nothing you can do to me, anyway, on account of double jeopardy.
The Madison Street thing, after I ran from the store, I hopped on the Seven train at the Brooklyn Bridge Station.
I dropped the gun in the subway, between the trains.
Where on the subway? Between Brooklyn Bridge and Essex.
Thanks for the tip.
Cuff him, Mike.
Hey, what are you doing? Take that off.
I told you, man, I'm covered by double jeopardy here! Better go back to law school, Jimmy.
You disposed of a firearm used in a crime.
You're under arrest.
LOGAN: We tossed Rose's crib.
There is no gun.
BRISCOE: Yeah.
And his alibi holds up.
Assume he's telling the truth.
His gun could've been picked up on the tracks and sold on the street.
Or used by whoever found it.
You had a name you were working on? Harrigan.
He called Prescott about some personal thing.
LOGAN: Yeah.
That's right.
And Prescott canceled a meeting with the union over a personal thing.
So maybe The reason he was killed was a personal thing.
Talk to the wife.
Bill never talked about work.
He just didn't bring his problems home.
That's the way we lived.
Well, what did you talk about? I don't know.
We talked about our children, our friends.
So you and your husband were getting along all right? Yes.
Everything was fine.
What are you insinuating? Nothing.
It's just a routine question.
My daughter is afraid to leave this house.
I can't sleep anymore.
And now you're implying my husband was having an affair? LOGAN: There's a reason we have to ask, Mrs.
Prescott.
We were told your husband canceled a very important business meeting last week for a personal matter.
Do you know what that was? Bill is on the Board of Directors of the Luther C.
Chase Academy, our son's school.
They had some kind of a last-minute meeting.
I don't know what it was about.
Did your husband ever mention a man named Harrigan? Harrigan? Yes, I know that name.
It's one of our son's schoolmates.
(BELL RINGING) Here.
I'm sorry, I can't release the Harrigan's address.
You'll have to see the headmaster.
Fine.
We'll see the headmaster.
Do you want to make the introductions? Oh, Dr.
Penton's not on the premises at the moment.
If you leave your name and phone number Miss, we're not asking for the answers to next week's algebra exam.
LCC protects the privacy of its students and their parents.
It has done so for 130 years.
It's not up to me to change school policy.
Well, our organization goes back even farther than that.
And our policy includes such things as search warrants.
Now, if you like, we can come back with one.
Just a moment.
Mr.
Harrigan's home address.
I doubt you'll find him there now.
You might try the New York Transit Authority.
Oh, yeah? What is he, the commissioner? Oh, hardly.
He works in the subway, down on the tracks.
Tom Harrigan's a track walker.
He inspects three to four miles of track every day, looking for loose bolts, track sleepers, anything that falls off a train.
You can't imagine what they find down there.
I bet we can.
Where's Harrigan now? He's here.
He walks this whole length, between here and here, every two days.
I hate to ask you this, but can you tell us where was he walking last May? Last May.
The J line.
Two blocks from Madison Street Liquors.
We find a gun.
We're supposed to turn it in.
Well, we're looking for a pistol that was dropped on the I line last May.
And you were working there, right? Yeah.
I didn't find no pistol.
There's a lot of homeless down there.
Maybe one of them did.
Is it important? We think it is.
That's the gun that shot William Prescott last Tuesday.
Yeah.
I read that he got shot.
That's terrible.
People aren't safe anymore.
Yeah.
You're right.
By the way, what were you doing last Tuesday night, if you don't mind my asking? Me? I was home with my kid, watching the Knicks.
What's this got to do with me? You were calling Prescott every couple of days.
And you two don't exactly look like drinking buddies.
It was about my kid, Colin.
He got kicked out of school.
Prescott's got some pull, I figured maybe he could help me get Colin back in.
He have anything to do with getting him kicked out? Look, that's between me, my kid and the school, all right? That's the way they want it.
They? Meaning the school? Yeah.
That's the way they do things.
I worked hard to get Colin into Luther Chase.
If he's got a prayer of getting back in, I don't wanna blow it by talking out of turn.
I gotta get back to work.
Am I arrested? Not yet.
(BELL RINGING) We were terribly shocked by Bill's death.
He was an outstanding parent and a great contribution to the school.
How much of a contribution did he make in getting Colin Harrigan expelled? What do you mean? Well, Colin's father called Prescott several times.
We'd like to find out what was going on.
Well, Bill was on the Board of Governors.
As such, he had some input in the decision to expel Colin.
A guy like Tom Harrigan must've saved every penny to pay the tuition here.
He had to be a little upset when you gave his son the boot.
Colin was on a partial scholarship.
But, yes, Mr.
Harrigan had a difficult time accepting the Board's decision.
But I can't imagine he'd turn violent.
What exactly did Colin do to get himself kicked out? Well, outside of being an outstanding hockey player and a diligent student, Colin simply didn't fit into the LCC family.
Beyond that, I can't discuss specifics.
Well, we'd like to discuss the specifics.
Minor children are involved, Detective.
Their parents could sue us.
Until I talk to legal counsel, I'm afraid I can't discuss any more of your questions.
Forgive me.
Even if we tie Harrigan to the gun, I don't see a motive here.
Look, getting his kid into that prep school was a big deal.
And having him thrown out's a bigger deal.
Why focus his anger on Prescott? Maybe he was working his way through the Board of Governors.
We don't know.
The school isn't saying.
I mean, they've got a 130-year-old tradition of clamming up.
They must keep files.
You tried getting a search warrant? Judge Moser turned them down.
The application was too general.
I'll talk to McCoy about convening a grand jury.
Then we can issue a subpoena duces tecum for the school files.
You'll have it by tomorrow.
VAN BUREN: Thanks, Claire.
In the meantime, check Harrigan's alibi.
I was out shopping with my sister, but Tom was home here with Colin.
How can you be so sure? 'Cause I called home just about 8:00.
Colin had been out skating at Wolman.
I told Tom to heat up some soup for him.
Look, you got the wrong idea about my husband.
Oh, he wasn't upset about your son? Of course he was.
He had it all planned.
The right prep school, hockey scholarship to Dartmouth or Cornell.
Look, he was doing everything he could to work things out with the LCC.
Did he ever say anything about talking to William Prescott? No.
He just said that he was talking to all the right people.
Did Prescott have a lot to do with Colin getting expelled? I don't know.
Well, maybe if you told us what it was your son did.
Look, it doesn't matter what he did.
They didn't want him around.
He was a better athlete than their kids, and he was smarter.
They were just looking for an excuse to get rid of him.
Oh, what excuse did they come up with? Look, I don't have to tell you anything.
I guess it's not just the rich who look down on us.
One of them gets killed, it's gotta be the dirty mick, right? The way these people keep secrets, they ought to be giving lessons to the CIA.
I mean, what did the kid do, stage a circle jerk in the locker room? Worse.
He probably brought some of Mom's corned beef and cabbage to the school tea party.
Well, they live 15 minutes from the Prescott's.
They might as well be on a different planet.
What? Yeah.
Yeah, tell them we'll be there.
Speaking of different planets, we're going back to LCC.
Dr.
Penton informed me of the subpoena.
As legal counsel to the school, and as the parent of a student, I was very concerned.
Oh, we're very concerned, too, Mr.
Barclay.
I spoke to a Mr.
McCoy at the District Attorney's office, and I assured him that we would give you any information you want.
But because of the privacy issue, you understand, we can't just hand over the school's files.
Well, you do understand, we expect you to be completely candid.
Goes without saying.
Dr.
Penton? Colin had a terrible temper.
He fought with other students.
He talked back to the instructors So did I.
Never got me expelled.
Three weeks ago, he brought a firearm to school.
Apparently, it belonged to his father.
LOGAN: What kind of firearm? Well, we never actually saw it, but it was described as a small pistol.
Did anybody see it? The student Colin threatened with the gun, Vaughn Prescott, Bill's son.
Bill was incensed.
He asked me, in my capacity as Chairman of the Board of Governors, to do whatever it took to have Colin removed from the school.
I had to agree.
How many Park Avenue homes have you torn apart over this thing? We couldn't get a search warrant for those, Mrs.
Harrigan.
Whose coat is this? It belongs to my son.
The kid's room's clean.
The parents' room's clean, and there's nothing in the kitchen.
The kid's gloves.
It was cold as hell the night of the shooting, let's keep them.
Hey, what's going on here? We have a warrant, Mr.
Harrigan.
Warrant or no, I want you the hell out of here! Yeah.
We were just leaving.
We'd like to take your son along with us.
We want to talk to him.
You want to talk to Colin? I go with him.
Look.
I don't know what the hell gun you're talking about.
I'm talking about the piece you flashed around.
The one that got you into all the trouble.
I didn't bring any gun to school.
What'd you do? Threaten the Prescott kid with your finger? Look, the school wanted me out of there, so they made up that crap about the gun, all right? I know where you're coming from, Colin, a lot more than you think.
Bunch of country club kids dissed you, right? Made you feel like you were trespassing on their turf.
So you go to visit Prescott, get a little respect.
But then things get out of hand, right? I was home, all night.
Your mother said you went skating.
That was before, around 7:00.
I got home in time for the Knicks game.
Anybody see you at the rink? I don't know.
I didn't look, all right? That's enough.
He's just a kid.
He needs to go home now.
Yeah, right.
Just a kid.
A kid with an attitude and a half.
Grow up on the Upper East Side, you get a Tiffany spoon in your mouth.
Grow up in Inwood, you get that.
Kid with a short fuse and a gun.
Bad luck for Mr.
Prescott.
Maybe bad luck for us.
No gun, no eyewitness.
And his parents say he was home.
Right.
And they've got to be telling the truth.
(PHONE RINGING) Yeah.
Thanks.
Forensics found gunpowder residue on the kid's right glove.
Colin Harrigan, you're under arrest for the murder of William Prescott.
What? You have the right to remain silent.
Anything you do say can and will be used against you in a court of law.
I doubt Mr.
McCoy's stormtroopers even bothered to read the search warrant.
It specified a gun, not a pair of gloves.
Mr.
Dwyer should keep up with his own reading.
The courts allow the seizure of any relevant evidence.
In what universe? People v.
Baker, Your Honor.
The police were looking for a knife.
They took a blood-stained sweater instead.
The court suppressed it.
And 16 years later, under People v.
Watson, that same sweater would've been allowed.
Watson covers obviously incriminating evidence found in plain view.
The gloves were neither.
JACK: In his opinion, Your Honor.
Your Honor, what makes this search especially odious is the fact the warrant was predicated on false information.
Weren't the officers told your client threatened a schoolmate with a gun? It was a lie.
The officers had a subpoena duces tecum to search the school files.
If they'd gotten off their duffs and actually looked at the files, they would've found a copy of this letter.
It was sent three weeks ago by the headmaster to Colin's father.
It states that it was an unnamed student, and not my client, who had the gun.
Well, we're splitting hairs here, Your Honor.
According to this, the student said he got the gun from Colin Harrigan.
What matters is what the headmaster told the police.
They had no reason to doubt his word.
They acted in good faith.
Mr.
McCoy, my cat coughs up sweeter smelling goop than this search warrant.
Motion to suppress granted.
They have no other evidence, Your Honor.
You're two for two, Mr.
Dwyer.
Motion to dismiss granted.
I had no idea Vaughn had been threatened.
My husband never said a word about it.
Dad didn't want you to worry.
Why didn't you tell the police? I was afraid.
CLAIRE: Afraid of who? Isn't that obvious? He's afraid of Colin Harrigan.
We know that Colin didn't threaten you with a gun.
It was another boy.
We wanna know his name.
Dr.
Penton told me not to discuss it with anybody.
Especially outsiders.
Vaughn, tell Mr.
McCoy who it was.
It was Barclay.
Stewart Barclay.
Nathan Barclay's boy? Oh, my God.
He roughed me up a couple of times.
I told our third-form master.
And after that, Stewart threatened you with the gun? Yeah.
I was afraid to go back to school.
He and Harrigan have this gang, five or six boys, from the hockey team.
We call them wannabes.
They want to be like Colin, because he walks the walk.
They think he's so cool, especially Stewart.
Stewart will do anything to impress Harrigan.
NATHAN: It was Harrigan's gun.
The fact that it passed through my son's hands is irrelevant.
He was the last person seen in possession of a murder weapon, Mr.
Barclay.
That strikes me as relevant.
When you were finished waving it in Vaughn Prescott's face, what did you do with it? Colin ditched it.
Where? I don't know.
He didn't tell me.
After he was expelled, did you have any conversation with him about Vaughn Prescott or his father? No.
I'm not allowed to talk to him at all.
Stewart, once you leave here, if I find out you've lied to me Don't you threaten my son.
No one, and that includes your father and your school, will be able to protect you.
Do you understand that? Come on, Stewart.
Mr.
McCoy is finished with you.
CLAIRE: Stewart Barclay's not just any other student.
His father's the Chairman of the school's Board of Governors.
Not coincidentally, he's also their legal advisor.
When we served the school with the subpoena, he's the one who assured us of their full cooperation.
Instead, the school circled the limos to keep the Barclay name out of it.
I'm shocked.
This isn't stink bombs in the boys' room, Adam.
They hindered prosecution of an A felony.
Now I'm very shocked.
It doesn't bother you they might be protecting a felon? Do you have evidence that the Barclay kid's involved? Didn't think so.
Harrigan's your shooter.
Don't invent conspiracies just because these people rub you the wrong way.
If we dig into this Harrigan-Barclay relationship, maybe we'll find the smoking gun.
There was no deliberate deception, Mr.
McCoy.
No one placed themselves above the law.
What do you call lying to the police? But surely you don't suspect Stewart Barclay of murder.
LCC has molded four generations of Barclay boys.
Our students don't grow up to be criminals.
Carrying a concealed weapon, menacing, assault.
Some of your students already are criminals.
Harrigan was a negative influence on the student body, and on Stewart in particular.
We thought expelling him would solve the problem.
It didn't? Some parents received phone calls, threatening their sons if he wasn't readmitted.
And it didn't occur to you to report those phone calls? I honestly believed we could take care of it within the LCC family.
Who made these calls? Well, we weren't able to nail it down, but someone thought they recognized Stewart Barclay's voice.
It sounds like you expelled the wrong boy.
I take exception to that.
Harrigan's a social experiment that failed.
His gutter values contaminated the other students.
We had to weed him out.
You hear that, Claire? We've stumbled on a nest of Social Darwinists.
Is this what you teach them in Civics class? It may not be fashionable, Mr.
McCoy, but it is tried and true.
I want the names of the people who got called, all of them.
I spoke with five parents who got phone calls.
One of them had their son listen in on an extension.
He recognized Stewart Barclay's voice.
He's sure it was him? Yes.
According to the police report, two days before he was shot, Prescott got a threatening phone call at work from a young boy.
I wonder what else Stewart was doing to prove what a tough little homeboy he is.
Well, helping his buddy shoot someone would certainly qualify.
Mrs.
Harrigan said her son was skating at Wolman that night.
Find out if he was skating pairs.
Most people, they skate the circle.
Kids like these, they cut ice like they're on a breakaway with Messier.
Well, I want to know about these kids, Mr.
Sosa.
Yeah.
Yeah, I remember them.
They accidentally clipped one of our young citizens from uptown.
I figured him and his three whaddups were gonna cream these two.
But the black kids just took off.
Maybe they had homework to do.
Right.
I figured they were coming back with about 10 of their buddies.
So I told these two to get lost.
This one here starts mouthing off at me.
Up mine, up my mother's.
Nothing you haven't heard before.
Except for emphasis.
This little butt-wipe, he lifts up his jersey.
He's got this gun sticking out of his hockey pants.
That's what scared the black kids.
What time was this? Around 7:30.
Gotta go.
BOY: Let go, man! Let go! They're all full of it.
I didn't call anybody.
You know what? We can pull your phone records.
We can prove you made those calls, Stewart.
Even if he did make a few crank calls, it hardly Crank calls? He made threats, Mr.
Barclay.
According to you.
But I guarantee it was Harrigan who put him up to it.
He and his father, they're all alike.
With their Irish temper, they lose control, and the next thing you know, we have a murder So Harrigan did it because he's a mick? Detective Logan is a mick.
I'm a mick, sir.
And if you don't shut up, I'll lose control and throw you out of the room! Take that cap off.
Your tough-guy act is not going to save you.
Our witness puts you in the park with Colin and the gun a half an hour before Mr.
Prescott was shot.
We didn't have a gun.
I swear.
LOGAN: Where did you go after you left Wolman rink? We went home.
Where exactly did you walk to? I walked Colin to Columbus Circle, then he took a subway.
The skate geek is lying.
I didn't have any gun.
And what about those black kids? You just said, "Boo," and they took off? I just lifted my jersey and showed them the corner of my hip pad, you know, on my hockey pants.
It looks like a gun butt.
That's what they saw, and that's what the other guy saw.
Tell me exactly how you went home from the rink.
We walked over to Columbus Circle and then I hopped the A train to Dyckman.
That's it? You went straight home? Well, you had your chance.
I just finished talking to Stewart Barclay.
He has a different story.
He doesn't skip the part about going to the Prescott house.
What specifically did he tell you? Everything I need to know.
Stew wouldn't tell you squat.
We didn't do anything.
His statement's being typed up as we speak.
After he signs it, you can read it on your way to Rikers.
TOM: Wait a minute.
We wanna talk to our lawyer in private.
You got a confession from Barclay? JACK: Did I say that? You certainly implied it.
There's no law against lying to a suspect.
And you probably miss the good old days before Miranda.
Hey, if anybody wants to hear some of this, I could accidentally hit the intercom button.
That's what my old man would've done in the good old days before Miranda.
(KNOCKING ON DOOR) Mr.
Harrigan wants to make a statement.
He's aware of his rights.
I've advised him against it, but this is what he wants.
I did it.
I shot Prescott.
Mr.
Harrigan, I know what you're trying I don't care what Stewart Barclay said.
I shot Prescott.
He ruined everything I worked for.
That's all fine, except for the gunpowder on your son's gloves.
Those are my gloves.
Colin wears them sometimes.
Prescott's secretary told me what time he gets home.
I wanted to talk to him about Colin.
He didn't give a crap.
He said Colin had his one chance.
He said that's the only chance people like us deserve.
I shot him.
You don't believe me? I'll take you to the gun.
MAN: Yeah.
It's over here.
I put it in there, in a bag.
.
32 Charter Arms Undercover.
That's it.
Read him his rights.
Thomas Harrigan, you're under arrest for the murder of William Prescott.
You have the right to remain silent.
Anything you say can and will be used against Harrigan pled guilty at his arraignment and waived indictment.
It's all over except for the cheering.
Look, I don't believe it.
The man's dedicated to his son.
He has every reason to take the rap.
And every reason to shoot the man he blames for ruining his son's future.
ADAM: Police find a fingerprint on the gun? A partial of Harrigan's thumb-print on the pistol butt.
You're ignoring the possibility that he just helped his son get rid of the weapon.
Yes, I am, Claire, because I'm not his attorney.
We say he's guilty.
He says he's guilty.
He's guilty.
How contrite was he at the plea negotiation? Enough to get his sentence reduced to 15-to-life.
The allocution's tomorrow.
Be happy, Miss Kincaid, we're saving the taxpayers a quarter of a million bucks.
I waited for Mr.
Prescott across the street from his house.
I wanted to talk to him about my son.
I had a gun with me that I carry for my protection.
Mr.
Prescott drove up in a town car.
I waited for the car to drive away.
Then I crossed the street to talk to him.
We had an argument.
He insulted me.
He insulted my family.
He turned his back on me like I was a panhandler.
At that moment, I got angry.
I shot him twice in the back.
And then I ran away.
JUDGE BARRY: Is that satisfactory to the People? Just one moment, Your Honor.
What's going on? Your Honor, we find the allocution unsatisfactory.
My client just described, in detail, how he shot the victim.
What else does Mr.
McCoy want? Mr.
McCoy, do you wish to inquire? Not at this moment, Your Honor.
We move for a continuance.
Your Honor, we have a deal in place.
We agreed to 15 years.
If Mr.
McCoy is just trying to up the ante I'm not, Your Honor.
I simply request 24 hours.
But if the defense can't consent to this, I will withdraw the sentence agreement.
All right, Your Honor, then I withdraw my objection.
Court will reconvene at 9:00 a.
m.
tomorrow.
He said he waited for Prescott's car to drive away.
Prescott's driver told the police he dropped him at the corner, more than half a block away.
Harrigan couldn't have seen the car.
You were right.
He didn't do it.
I would've rather been wrong.
Our case against the boys is still at square one.
They had a little gang at school? Get their names and bring 'em in for show-and-tell.
I'm Jack McCoy.
I'm the Assistant District Attorney for New York County.
You were invited here to talk to me about the murder of William Prescott.
And make no mistake, you will talk to me.
You're going to tell me everything you know about Colin Harrigan and Stewart Barclay's roles in that killing.
If you don't, if you lie, I'll add a new word to your vocabulary.
Conspiracy to commit murder.
You could serve as many years in prison as you have candles on your birthday cake.
Who wants to speak first? Detective Morel.
Start with this one.
The longer this takes, the harder these gentlemen will push.
They don't scare me.
They can't lay a hand on us.
I don't see anybody around here to stop them.
This isn't a rock-music video, son.
This is reality.
A man is dead, and our patience is wearing thin.
Detective Logan? Let's you and me have a conversation.
I give your friend 15 minutes with Detective Logan.
He will not only implicate Harrigan and Barclay, he might even point the finger at some of you.
There's You have something to say to me? Kelly.
Andrew Jameson.
What do you want to tell me, Andrew? It was all Stewart's idea.
He told Colin to bring a gun.
Three of us were gonna wear ski masks and scare the hell out of Prescott's old man.
So you went? No.
I was scared.
Stewart gets pretty extreme around Colin.
Any of your other friends know about this plan? No.
Just the three of us.
Did Stewart or Colin tell you what happened at the Prescott's? No.
But Stewart told me we had to stick together.
And not to say anything.
JACK: It's over, Stewart, even your father realizes it.
I've got you for conspiracy, and if I eat my Wheaties, I can get you for second-degree murder, and I won't care that Colin actually pulled the trigger.
But I NATHAN: Stewart, be quiet.
Mr.
McCoy, what if my son testified that he saw Colin Harrigan shoot William Prescott, what could he expect from you? Would he testify to that? I'd let him plead to conspiracy and recommend a minimum No, no, no.
Not good enough.
He was party to the murder of an innocent man.
What do you think is fair? I don't have to be concerned with that, Mr.
McCoy.
Stewart will not be charged.
He will testify in closed court.
His testimony will be sealed.
And nothing will stain his record.
That's our offer.
Barclay has you by your shorts.
You can't get the Harrigan kid without his son's testimony.
It was his son's idea to go there.
It was his idea to bring the gun.
He's got as much blood on his hands as Colin Harrigan.
And now he gets to go home and wash up.
And that's the prize for blinking first.
It's not right, Adam.
Barclay thinks he can bully us, 'cause he's got money and privilege.
Not to mention that he's the father of the only eyewitness.
Whether it's fair or not, this time, money walks.
Well, as of now, everyone's walking except Tom Harrigan.
That man's ready to burn at the stake for his son.
Yep.
I'd do the same for my kid.
You'd do the same for yours.
Give Barclay what he wants.
Not unless I absolutely have to.
Even if what Stewart Barclay says is true, it's still uncorroborated accomplice testimony.
It's meaningless.
Colin has nothing to worry about.
JACK: Don't believe it, Mr.
Harrigan.
If I don't hear from your son, I'll be in front of a grand jury tomorrow morning.
By noon, Colin will be indicted for murder.
You're all talk.
Tomorrow morning, I'm gonna finish what I started.
If you go ahead with the allocution, you do it without the sentence agreement.
So what? Then I do 25-to-life instead of 15.
I don't care.
Prescott had it coming.
The whole time Colin was growing up, I'd see these prep school kids on my way to work.
They had their blazers, their gray pants, and this look that comes from knowing the whole world is laid out at their feet.
That's what I wanted for him, to be like them.
And that bastard Prescott took it away from him.
This is so wrong, Mr.
Harrigan.
I'll make any sacrifice for Colin.
I sent Colin away to live with my sister in Pittsburgh.
He's going to get a second chance.
(GATE BUZZING) JACK: As long as his father says he did it, Colin can always present a plausible alternative theory for the crime.
We'd never convict him.
So, because you can't get Colin, you won't withdraw the charges against his father? Some consolation prize.
I'm not about to let go of the only leverage I have.
Leverage against whom? Tom Harrigan? Against Colin.
His father sent him out of the jurisdiction.
I don't believe that it was to give him a new lease on life.
He wants to keep us away from him.
Or him away from us.
Maybe Colin's on the fence about his father's martyrdom.
Call Judge Barry at home about a subpoena.
I want Colin in my office tomorrow morning.
And tell Nathan Barclay I want his son there, too.
What's he doing here? I wanted him to get a good look at you before you go away for life.
Colin, you and your mother go home right now.
JACK: Be quiet, Mr.
Harrigan.
There's no plea bargain anymore, Colin.
Your father will do 25 years, minimum.
Mr.
Prescott's family will make sure he never gets parole.
Don't listen to him! It's a death sentence, Colin.
Do you really want your father to die in prison for something you did? I know what it's like where you grew up.
I know what they say.
You do your own time for your own crime.
It's time to be a standup guy, Colin.
It's time to say who shot William Prescott.
Colin.
Dad I'm sorry.
Don't do this.
I shot him.
Oh, my God.
He recognized me.
Said I wasn't good enough to be in the same school with his kid.
Said I belonged in the dirt and the tunnels with my dad.
Look, manslaughter one, Jack.
We send it to family court.
He shot a man in the back twice.
He left a widow and two kids.
This doesn't go to family court.
Jack, he's 13.
I'll consider a lesser plea.
But only if he tells me who was with him.
Nobody.
I did it myself.
No! He told me everything that happened, Mr.
McCoy.
Stewart Barclay was there! Colin, tell him what he said to you.
He said he shouldn't take it from Prescott.
He told Colin to shoot! Unless your son testifies to it in court, it's hearsay.
It's inadmissible.
I'm not saying anything.
Stew wasn't there.
Colin, for God's sake I'm not a snitch, Dad.
I don't squeal on my friends.
Your friends? Stewart Barclay is waiting down the hall right now, ready to sell you out.
I don't care what he does.
I do what I do.
Like you, Dad.
Not like them.
Colin, for the last time.
Don't do this! Have an officer take him to Central Booking.
We won't be needing your son's testimony, Mr.
Barclay.
Colin confessed.
You can take Stewart home.
He's free to go.