Law & Order (1990) s07e20 Episode Script
We Like Mike
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.
You sure your brother said Jack's Donuts? Yes.
Because there's another donut place over on Hudson.
He picked me up here before.
Actually it's more like a coffee shop.
But they got donuts.
Pat's.
Jack's, Pat's.
Kind of sounds alike.
And we're the only places that are open on Sunday mornings.
Your brother might've confused them.
Hey, what if he comes? Tell him I went home.
Pretty girl.
Nice ass.
If I weren't getting married next week, maybe I'd tag along.
Excuse me, are you gonna order anything or just help yourself to the paper products? I'll take a coffee to go.
I was married once.
Didn't work, though, 'cause I was hardly ever home.
You think these donuts make themselves? Keep it.
Oh, come on, Matthew, what are you doing? Oh, God.
Oh, God.
Oh! Matthew! Oh, God! Somebody help! Help! Help! Three to the chest.
No wallet or watch.
We found shells over here, sent them to the lab.
Robbed while he was changing the tire.
Two sets of palm prints on the hubcap.
Looks pretty fresh.
M.
E.
Says maybe within the hour.
Who is he? Matthew Sherman.
Registration shows a Woodmere address.
Guy's sister found him.
They're giving her something to settle her down.
He's got scraped up knuckles.
Maybe he put up a fight.
And lost.
Matthew was gonna He was gonna pick me up at the donut shop on Washington.
Where were you going? We were gonna go visit a friend in Princeton.
When he was half an hour late, I figured there'd been some sort of mix-up, so I decided to go home.
He If he hadn't been coming to pick me up, this never would've happened.
Hey, you had nothing to do with this.
You're not responsible for every psycho walking the streets.
Did you notice anyone in the area before or after you found him? Um, there was just the donut shop guy and another customer.
When did the other customer arrive? Right before I left.
You remember what he looked like? What kind of clothes he was wearing? Any distinguishing characteristics? He was sort of average looking, you know.
He had jeans on and a windbreaker, and he was wearing a cross.
You know, it looked sort of medieval.
Did you talk to him? Mmm-mmm.
I think he just wanted to clean his hands.
They were covered with grease.
The palm prints they found.
I don't understand.
Why would anyone want to kill Matthew? He never hurt anyone.
They got his wallet.
It isn't fair! How perfect is this? Cops talking to a donut guy.
Yeah.
Tell us about the customer who came in just before the girl left.
The one who cleaned his hands.
Barely a customer.
He takes about 50 napkins, and then he starts to leave.
Well, after I call him on it, he orders a coffee, then thinks he's a big shot because he tips me a quarter.
What I lost on napkins, I barely broke even.
Take these down to the lab.
Right.
Did he mention his name or say where he was coming from or going to? Nothing except, "Give me a coffee" and how if he wasn't getting married next week, he'd be putting the moves on the girl.
Which I thought, "That was out of line.
" But I didn't say anything because it's not my business.
My business is selling donuts.
Thanks for clearing that up.
Paper's all over this.
"Perfect Son Shot Down.
" The kid worked his way through Princeton, got some big job on Wall Street.
He still volunteered three days a week at some youth center uptown.
That cross everyone saw him wearing? I checked around.
It's Greek Orthodox.
I don't care if he's a Buddhist.
Hey, the guy said he was getting married, right? So I checked with all the Greek Orthodox churches in the area.
Four weddings scheduled this week.
Maybe one of the priests knows him.
Good.
Get on it.
I'll get these circulated.
Just in the neighborhood.
For all we know, this guy is just a witness.
Hey, this was in all the papers.
If he's only a witness, he would've come forward.
Yes, he was here.
Seemed like a nice young man.
Talked about basketball.
You know his name? We didn't talk more than five minutes.
I'm sure he mentioned it.
Michael something, I think.
This Michael, is he the one getting married here Saturday? No.
He wanted to, but his fiancée wasn't of our faith.
Jewish.
Is he a member of your church? Because his address would be a big help.
I'd never seen him before.
He said he'd just moved here and wanted a wedding in our church because his fiancée lives in the neighborhood.
Is there a synagogue in the neighborhood? Looks like Ruth Gottlieb's fiancé.
You met him? They wanted to have their wedding here, but I don't perform interfaith ceremonies.
Do you remember his name? Yeah.
Michael Romak.
Bardack.
Something like that.
I'm one of these guys gets introduced to someone at a party, five minutes later their name's a complete mystery.
Well, what about Miss Gottlieb? Do you know where she lives? She's an active member.
I'm sure she's in our files.
The landlord sent you? No, ma'am, we're the police.
I didn't pay the rent because the damned landlord won't fix the blinds.
They're crooked.
I called four times.
Ma'am, do you know your neighbor, Ruth Gottlieb? Never met her.
But I hear through the walls.
Thin walls, huh? Not thin enough.
I have to hold a glass up to hear anything.
Do you know where she is now? Her rehearsal dinner for her wedding.
At Pasta D'oro.
You wouldn't happen to know who she's marrying, would you? Mike Bodak.
A bellhop.
If you ask me, she could do a lot better.
Thanks for your help.
Sorry, guys, this is a private party.
We need to talk to Mike Bodak.
Mike, you know these guys? No.
He says he don't know you.
This is my daughter's rehearsal dinner.
I don't want it disrupted.
Oh, a sergeant with the Housing Authority.
Raise you, Sarge.
We need a minute with Mike.
Mike.
These guys are detectives.
Daddy, what's going on? Why don't we step out here for a minute, huh? Stay with your mother.
I'm your witness, Mike.
Mike, we need to know what you were doing last Sunday morning.
I had brunch at Ruth's.
What about before brunch? He worked all night.
The kid works his butt off.
I worked the overnight shift on my job.
I'm a bellman at the Warren Hotel.
What time did you leave work? About 9:00.
Helped a guy change a flat.
Went to a donut shop, and walked over to Ruth's.
That's it.
This about the guy who got shot? Oh, you know about that, huh? Saw something in the papers.
And you didn't think it was worth it to mention to the cops that you had contact with this guy just before he was killed? Well, I didn't see anything.
And between working 16 hours, and the wedding and So you got him for donut shop patronage and helping a guy with a flat.
You gonna put in for a commendation? Hey, shut up, Sarge, or we take him down to the stationhouse right now.
You think I had something to do with it? I helped a guy change a tire.
Where'd you get the money for this? I'm gonna put it on my credit card.
Yeah? Well, the restaurant manager told me Mike paid him in cash.
I got a big tip at work.
A Saudi prince took over the whole floor.
All right, we're gonna need your work and home addresses.
Yeah.
Let's get a couple of uniforms to sit on this kid.
Yeah, Mike worked Sunday.
Graveyard shift.
What time did he get off? He was on the clock till How do you know that? He asked me to punch him out.
He said he had some business to take care off.
What kind of business? He's been working all kinds of jobs, looking for extra money for the wedding.
I guess that's what it was connected to.
Any Saudi princes lately? Yeah.
Nine or Laid $50s on all of us.
We got a problem, Mike.
I got a problem, with those cops you got tailing me.
You mind if we come in? I gotta go to work.
I don't know, Mike.
From what we hear, that job of yours has pretty flexible hours.
Last Sunday, you left at 6:00, not 9:00.
And that Saudi prince, he was in town nine months ago.
Let me give you a piece of advice, Mike.
Lying to us is really stupid.
I was gonna call to explain all that.
Well, it better be real convincing.
I've been working for a bookie the last few months.
Answering phones.
I took it to make some extra cash to cover the wedding expenses.
I left work last Sunday to handle early playoff action.
And you didn't tell us that.
Why? Because you thought we'd bust you? Yeah.
That and you asked me in front of Ruth's dad.
He's a cop.
I don't think he'd go for his son-in-law working for a bookie.
In case you forgot, I'm getting married tonight.
You know, we ran your name through the computer.
Does Ruth's dad know you were arrested for auto theft? When I was 17.
Yeah, but you'd still know how to unload a fancy car.
Car thieves like empty cars.
Hey, you needed the cash.
You lied to us about when you left work.
You lied about working for the bookie.
That's hindering prosecution.
I could arrest you for that right now.
Look, what do you want me to do, make something up? I'm telling you what really happened.
Hey, if that's what really happened, then you won't mind us looking around your place, right, Mike? Yeah, go ahead, you know.
If it's gonna get rid of you.
I gotta get to work.
You know, those cops downstairs will be there, too.
Sherman's sister said he was wearing a dark blue windbreaker, right? Yeah.
There's a dark spot right here.
You can hardly see it.
Oh, that could be blood.
I don't like the motive.
He pulls stick-ups but he works two jobs? You've never had to impress a fiancée.
Bodak's been clean for 12 years.
One of the other bellhops said he promised his girlfriend a honeymoon in Hawaii.
Now, I think he looked at Sherman and saw two tickets to Maui.
Home run on the jacket.
It's Sherman's blood type.
What the hell is this? I answered your questions.
You're under arrest for the murder of Matthew Sherman.
What? You want to step outside so we don't have to embarrass your guests? I thought you took care of this, Mike.
I did.
So what's going on here? Mike? We're making an arrest.
What is this? This is our wedding.
It's some kind of mix-up, honey.
You have the right to remain silent.
I'll be back in an hour.
Anything you say can and will be used against you in a court of law.
You couldn't wait, could you? You couldn't wait three hours till the reception was over.
You ruined my wedding for nothing.
Matthew Sherman isn't gonna have a wedding, or a reception, or anything else.
Did I piss someone off around here? The blood on your jacket is type AB, just like Sherman's.
We checked your marriage license.
You're type O.
Maybe I brushed up against him when we were loosening the lug nuts.
I think he cut himself.
That's one explanation.
Then there's one that makes sense.
Hey, if something made you do it, if it was an accident, if the gun went off by itself, whatever, you're a lot better off giving us a reason.
Otherwise, you'll never spend another night with that fiancée of yours.
Look, we know you were at the crime scene, we know you needed the cash.
The victim's blood is on your jacket.
In the homicide business, that's like finding the Holy Grail.
I'm in here, and the real murderer, he's walking the streets.
If you know who did it, we're all ears.
I didn't think so.
There was another guy.
I passed a guy about half way down the block from where I left the car.
A Puerto Rican guy.
Yeah, that's how we solve homicides, too.
Nearest Puerto Rican did it.
Look, I don't know if he did it.
But I passed him right after I left, and he looked kind of scary.
Hey, this is New York.
Everybody looks scary.
He looked at me, you know, like he was sizing me up.
And he had a tattoo on his hand like a dragon.
Yeah, the old sizing up look.
I'll put out an APB on scary Puerto Ricans.
He give you anything else? Not yet.
Then probably not ever.
His lawyer's here.
He waived his right to counsel.
They brought him.
In-laws.
No wonder you're divorced.
Get a warrant for Bodak's work locker and the bookie joint where he moonlights.
Who is it? Police.
Open the door or we bust it down.
Yeah, wait a minute.
If I smell burning flash paper, you're going to jail.
Open the door.
Hey, whoa, guys.
Look, I just answer the phones around here, all right? So answer it.
Answer the phone! Hello.
Yeah, the Knicks are getting five and a half, Heat are getting four, the Yankees are six to five.
Hey, look, guys, I swear, I just answer the phones Turn around and face the wall.
Mike Bodak work here? Yeah.
You ever hear about him pulling any stick-ups? Mike? No.
Did he mention any cash he came into recently? Well, you know, we all got bonuses around here.
Five hundred a piece, after my boss cleaned up on the De La Hoya fight.
Oh, yeah? Who's your boss? Who's your boss? Ray.
Okay? Ray D'A ntoni.
Bodak ever carry a gun? No.
Yeah.
The Hawks? Plus two.
Yeah, you got it.
Five times, right.
You don't mind if we look around here, do you? Look, could you guys please try not to damage the phones? I could get in a lot of trouble around here.
Boy, that was easy.
This belong to you? I swear, I've never seen it.
What's your name? I'm Miles.
We're going to have to arrest you, Miles.
Yes, sir.
I understand, but I'll notify Bronx Vice.
You have the right to remain silent The Knicks plus five and a half? I'd be all over that.
Bad news from ballistics.
That gun isn't the murder weapon.
So we've got no murder weapon, none of the victim's possessions were in Bodak's apartment, and there's a good explanation why he had cash on him after the murder.
Not exactly air-tight.
I've been going over these Neighborhood Watch reports from the area of the shooting.
A couple of weeks ago, a dry cleaner thought he saw a woman being robbed.
No police report was filed, but the MO's pretty similar.
A woman came into my shop to call the Auto Club because her Mercedes had broken down.
After she returned to her automobile, I saw a man leave the pharmacy right there, and accost this polite lady.
This man, what did he look like? I didn't get much of a look.
Average height, unshaven.
Possibly Hispanic.
Did he have a tattoo? I wasn't close enough to see.
What did he do to the woman? I saw him wave a pistol.
I was about to call the police, when the truck arrived and the man ran off.
The woman looked very frightened.
I think it's outrageous the Auto Club would give out my name and address.
Well, they were just trying to be good citizens, Ms.
Watts, as we'd like you to be.
Well, I don't know what I can tell you.
Some degenerate came up to me, waved a gun in my face, and demanded my watch and wallet, which I was fully prepared to surrender.
That's when the tow truck arrived.
And this guy took off? Yes.
As soon as he grabbed the Gucci sunglasses off my head.
And you didn't think it was worth reporting? So I could spend hours in a courtroom? Make myself vulnerable to all kinds of retribution? For a pair of sunglasses? Do you remember what this guy looked like? Clothes, distinguishing features? Well, he was unwashed.
And he had a vile tattoo on his hand.
Some sort of lizard.
Yeah, he came in last Friday morning.
Puerto Rican.
He spoke English pretty good, but prescription medicine must've been a term he didn't understand.
He wanted a prescription filled? Well, he brings in a Percodan vial from the Bellevue ER issued the day before.
It says "no refills" right on the label, but then he starts giving me some bull about how they said he could get more pills if he was still in pain.
Do you remember his name or his address? Well, if he'd been a potential customer, I would've.
But this guy, I never wanted to see him again.
Found it.
A Ricardo Garcia was prescribed 10 tablets of Percodan on the 23rd of last month.
You got an address on that? "NA.
" That's "Not Available.
" Thanks for the explanation.
Does that mean he's homeless? Maybe.
Or he didn't want to give out his address, or the doctor was too busy to get it.
Take your pick.
Who wrote the prescription? Dr.
Marienthal.
Dr.
Marienthal? You'll have to wait your turn.
I have a stab wound coming in.
Talk to the triage.
Well, until your stab wound arrives, maybe we could ask you a couple of questions.
It can't wait till the end of my shift? When's that? Day after tomorrow.
Doctor, that man with the cucumber problem is back.
Put him in Two.
On the 23rd, you issued a prescription for Percodan to a Ricardo Garcia.
Don't tell me, he sold it on the street.
I'll tell you something, gentlemen.
As long as drug addicts walk in here and get treated for made-up symptoms Save the sermon, Doc.
This guy may have killed somebody.
You remember anything about him? I wish I could help.
You know how many guys like him I treat every day? Tall? Short? Fat? Thin? What? Guy came in about that time who presented with terrible stomach cramps.
Hispanic, with a big serpent tattooed on his hand.
Couldn't find anything wrong with him.
He give you an address? Mention where he lived? He said he was in too much pain to talk.
Bellevue ER issued a prescription for Percodan to a walk-in named Ricky Garcia.
Tell you what, I'll call the first 1,000 Ricky Garcia's in the phone book, you call the second 1,000.
Whoa, whoa.
Only five Garcias got arrested this week.
Now, one, Ricardo, for shoplifting six blocks from the murder, and two blocks from where Virginia Watts got her $300 Gucci sunglasses ripped off.
Garcia's being arraigned this afternoon.
Grab him and stick him in a line-up.
I'll get a warrant for his place.
Where's Garcia? Gone.
The sergeant down at the holding cell thinks he was sent up earlier.
Oh, great.
Now we gotta hope Garcia volunteers to stand in a line-up.
Lennie.
Two screw-ups in one day? They trying for a record? You're supposed to bring Ms.
Watts down to the stationhouse.
What happened? Well, the message I got was to bring her here and find you guys.
Ms.
Watts, I apologize.
You weren't supposed to be brought down here.
We wanted you to view a line-up That's him! Stay with her.
Ricky Garcia, you're under arrest for robbery.
I just posted bail.
What was the $50 for? Something else.
Let's go.
Police! Put your hands over your head.
You live there? Yeah, but I didn't do nothing.
Keep your hands on the wall.
You got ID? "Tony Garcia.
" You related to Ricky? I'm his brother.
Is this because of Ricky? How come Tony Garcia has the initials M.
S.
On his wallet? Ricky gave me that.
He tell you where he got it? Hey, look, I don't know.
I saw it and he gave it to me.
It's kind of like rent 'cause I'm letting him stay in my place.
All right, Tony, you're gonna go down to the stationhouse.
But first, let us in.
We got a warrant.
Unless you want us to break the door down.
What did Ricky do? You tell me.
We'll start with last Sunday.
Maybe you were with him? No, I was sleeping.
I don't know where he was.
Look what the criminal genius had under his mattress.
Hey, that isn't mine.
I believe you.
But we'll check the prints just to make sure.
And this in his closet.
You know that phrase, "Hindsight's 20-20"? It means if you could do some things over again, you'd probably do them differently.
I took the sunglasses, okay? Like you'd probably dump the gun.
And you'd take a closer look at your socks and see the blood on them.
And you definitely wouldn't have paid your rent in stolen property.
I don't know what you're talking about.
You know what? We don't have to play any more games with you.
We just got all kinds of results back from the lab, Ricky.
That gun? That's the murder weapon, and your prints are all over it.
Your sock has Matthew Sherman's blood on it, and they lifted his prints and yours off that wallet.
Yeah, that's right.
So you want to tell us what happened now, Ricky? If you tell us, and I mean a full statement, we can probably get the D.
A.
To back off that death penalty request.
If you don't, you go on trial and get a conviction, and get a lethal injection.
Either arm.
They don't care.
You don't understand, man.
You know, maybe the needle's the way to go.
I mean, 20, 30 years in prison, that's gotta be tough.
I didn't mean it to happen like it did, man.
How did you mean for it to happen? The dude, man, he wouldn't give me his watch.
If he gives me the watch, I'm gone.
So since he wouldn't give you his watch, you shot him? Is that how it happened? I didn't mean to, man.
I swear.
Okay, I want you to write down exactly what happened, and date and sign the bottom of each page.
Can I say how I didn't mean to do it? You mean, how you only shot him 'cause he wouldn't give you his watch? Yeah, yeah.
The D.
A.
Will like that.
Garcia's a junkie and a two-bit thief.
He's got three arrests, no convictions.
A very thorough confession.
Hey, he's the guy.
So was Bodak.
Let's get him back to his fiancée.
I'll arrange the release.
Our trial prep just got a lot easier.
Mr.
Bodak, we're very sorry about what happened.
Save it.
We're not gonna be friends.
We expedited your release three hours after Mr.
Garcia confessed.
I've been in jail for three days.
You want to make me feel good, leave me alone.
You owe him a lot more than an apology.
Mike Bodak wasn't just wrongly accused.
We can't just un-ring the bell, Mr.
Joosten.
He was humiliated in front of his future wife and family.
We both know that wasn't necessary.
And we thought everything was working out so well.
He'll get over it.
Now for the bad news.
Garcia's attorney's trying to suppress the ID.
We have a meeting with Judge lannello tomorrow.
This was no line-up, it was a setup.
An arranged confrontation between their witness and my client in a courtroom.
The observation was completely accidental, Your Honor.
I refer you to People v.
Diaz.
An accidental ID in a police station was ruled unavoidable and admissible.
Well, this was avoidable.
The police had no reason to bring the witness to the courthouse.
It was a good faith mistake.
Maybe.
Maybe not.
They prejudiced their witness against my client.
She saw him coming out of a criminal courthouse with a lawyer.
She couldn't help assume that he was a criminal.
It wasn't written on his forehead.
An unshaven Hispanic male in jeans and an Army jacket talking to a white man in a suit.
The implication is obvious.
He's right, Mr.
McCoy.
The ID's tainted.
Your officers should have exercised more care.
Your Honor, the warrant to search my client's apartment was predicated on that ID.
Yes, the evidence seized there is out as well.
That's a gun, bloody sock and a wallet.
The wallet was found on Mr.
Garcia's brother outside the apartment.
Mr.
Garcia has no standing to object to a search of his brother.
That's one for you, Mr.
McCoy.
The wallet's in.
There's still the confession, Your Honor.
If my client hadn't been confronted with the illegally seized evidence, he never would have confessed.
Your Honor, under Frazier v.
Cupp, the police are permitted to lie to a suspect to extract a confession.
To exclude a confession based on the truth Well, then they should have lied instead of violating my client's rights.
I'm afraid Mr.
Shuman's right.
I'm going to have to suppress it.
I'm due in court.
Oh, there's one other thing, Your Honor.
What, Mr.
Shuman? My client's sitting in Rikers.
All they have is a wallet.
It's not enough to sustain murder two.
We're developing other evidence.
Well, when you do you can re-arrest Mr.
Garcia.
For now, the charges against him are dismissed.
Cops blew it.
Won't be the last time.
Get an ID from the dry cleaner or the pharmacist or both.
The pharmacist is on a cruise for two weeks, the dry cleaner couldn't pick him out, and the doctor who treated him doesn't remember what he looked like.
Our only shot is Bodak.
Bodak saw Garcia? During the second interview, Bodak said he passed a Latino right after he left Sherman.
You didn't have him look at Garcia before he was released? We had incriminating physical evidence and a confession.
And now you have neither.
Better find Mr.
Bodak.
Mr.
Bodak, if you can identify this man, we can re-arrest him.
Two days out of jail, and you want me to save your ass? Tell your bosses it'll be 20 years before I owe them anything.
You don't owe them.
And since you barely knew Matthew Sherman, I guess you don't owe him either.
Hey, who owes me, Ms.
Ross? You act like that other stuff never happened.
I'm sorry.
Yeah, you're real good at that, saying you're sorry.
I actually do feel sorry for you.
A decent guy who got screwed.
But when a decent guy has the opportunity to put a killer behind bars, he stands up.
I guess you two have met.
Listen, what happened before was nothing personal.
The photo array is all set up.
If there's any way we can make it up to you You've done enough already.
We're going to show you six photos.
You see the guy who passed you on Greenwich Street, you point to him, all right? That's him.
Number One? You sure? Yup.
Absolutely.
Whoa, whoa Fellows, relax, man.
I ain't going nowhere.
Put your hands on your head, now.
Hey, you can't do this.
Oh, no? Watch this.
You're under arrest for murder.
No, man! His lawyer said that stuff got thrown out.
Never trust lawyers, man.
The judge said that.
You have the right to remain silent.
Hey, this is wrong, man.
Anything you say I didn't kill nobody.
Can and will be used against you in a court of law.
You change your mind? I guess we'll just have to convict you the old-fashioned way.
You have the right to an attorney Your Honor, this arrest makes a mockery of your ruling.
Mr.
Garcia was independently identified by a witness who saw him in the vicinity of the murder.
My client was in that photo array only because of the tainted ID by Virginia Watts.
Mr.
Garcia had his mug shot taken when he was arrested for shoplifting.
It would've only been a matter of time before Mr.
Bodak picked him out of the mug books.
Sounds right to me, Mr.
Shuman.
The arrest stands.
Your Honor, I also ask you to reconsider your earlier suppression of the murder weapon and the bloody sock.
There's no way they would've gotten a search warrant based solely on Mr.
Bodak's ID.
If it was enough to support an arrest, it's certainly enough to support a search warrant.
Nice try, Mr.
McCoy.
What I said before stands.
The gun and the sock stay out.
You got Bodak's ID and Garcia's prints on the victim's wallet.
Good luck.
We have more than that.
His confession was front page in all the papers and led the 11:00 news.
The audience makes up our jury pool.
They'll be excluded in voir dire.
Only if they admit it.
Jack, I can't reach Bodak.
He isn't answering his phone, he isn't returning my messages, and his boss said he didn't show up for work.
Then you better get over to his place.
The guy called and said he did it to prove that he could get to me, and that if I testify, he's gonna do to my face what he did to the bed.
You should've called us.
Look, I think the best thing I can do is just keep my mouth shut, so can you please go? Hiding out in your apartment isn't the answer.
I'll take it over getting cut up.
We can protect you, put you up in a hotel, round-the-clock guards.
What, for the rest of my life? Look, we know Garcia killed Sherman, but we can't prove it without you.
All I did was see a guy walking down the street.
You're a material witness.
That means we can arrest you.
You do that.
We can drag Bodak into court, but I don't think he'll finger Garcia.
Then the judge will find him in contempt and throw him in jail until he changes his mind.
He's not worried about contempt, he's worried about having his throat slit.
I got the cops watching his place.
How about we find out who's making the calls and throw him in jail? It's not Garcia.
Rikers keeps records of all inmate calls.
What about his loving and supportive family? There's only his brother.
Nothing on the home phone LUDs.
We've got a tap on Bodak's phone.
If he never calls back, you have nothing and we look like amateurs.
Cut a deal with Garcia.
Watch, they're gonna offer us a deal.
We won't keep you in suspense.
Mr.
Garcia pleads to murder two You're dreaming.
They got no case.
We recommend 20-to-life.
If that's all you're putting on the table, then we're done.
You're putting your life on the line.
You've got nothing.
You've got a wallet.
And a witness who puts him in the middle of things.
The one who remembered seeing someone, what, during his seventh or eighth interview? A witness who can't wait to testify.
I'll eat him alive.
The guy's got zero credibility.
Come on, you gonna make a serious offer, or are we just gonna sit around here and play with ourselves? The offer is murder two.
Guard.
Think about it, Ricky.
Rey, the rules say you gotta play.
Yeah, yeah.
I don't know, Lennie.
We've been here two nights, and Bodak's gotten a total of two calls.
Gin.
Bingo.
Hello.
I guess you weren't listening before.
You go to court, you're a dead man.
Got him.
The number traces to a Belvedere Refuse Company on West 23rd, where Tony Garcia works.
I'll call and find out what route he's working.
And I thought our intimidator had retired.
Just needed a little motivation.
Hey, Tony, you're under arrest for intimidating a witness.
I don't know what you're talking about.
We have tape of you calling Bodak last night.
You want to do yourself some good, you'll tell us what Ricky told you.
Or you could play the dedicated brother, that's all right.
You can both go to jail for 20 years.
I didn't do nothing, and neither did my brother.
Witness tampering is a felony.
And you have one felony conviction already.
Grand Theft Auto in '91.
That means you're looking at four years for one phone call.
Unless you agree to testify against your brother.
In which case, we'll knock it down to misdemeanor attempted tampering and recommend probation.
Hey, I didn't make no phone calls.
We can get a voice print.
Which is notoriously unreliable.
You want your brother to get off, right? Let's say that happens.
Then he's free, and you're doing four years in Attica.
Seems to me you're getting the short end of the stick.
Or maybe they'll both get off because they're both innocent.
Or hadn't that crossed your mind? What if he gets out? We have him on tape making the threats.
He's not going anywhere.
I'm concerned with his brother.
He will get out if you don't testify.
Forget it, Mike.
Who knows what other friends Garcia's got out there? Mr.
Gottlieb, I expected you to be more helpful.
I'm looking out for my own.
Mike's got Ruth to think about.
These animals could just as well come after her.
We gave you protection.
We arrested the person who was threatening you.
What more can we do? You can leave him alone.
If Garcia's on the street, it's only a matter of time before he kills again.
That's good.
Making him feel guilty.
You can stop him, Mr.
Bodak, with your testimony.
It's not your problem, Mike.
Can we count on you? You got no obligation whatsoever.
Yeah.
Mike Frank, I saw the guy.
I can't agree with you, Mike.
You ought to be thinking about your family.
I'll hold up my end.
The tire jack was on the street, next to the front tire.
At first, I didn't see Matthew.
I found him in the car.
It didn't make sense.
I thought he was sleeping at first.
And then I saw the blood all over his chest.
Do you recognize this wallet? Yeah.
It's Matthew's.
Our grandfather gave it to him for his 21st birthday.
Thank you, Tiffany.
Your witness.
Miss Sherman, did you see my client anywhere near your brother's car? No.
You testified that you identified a man named Mike Bodak coming into the donut shop just before you left, is that correct? Yes.
And he had grease on his hands.
Yes.
Grease from your brother's car.
Objection.
The witness isn't qualified to answer that.
Withdrawn.
Did Mr.
Bodak say anything to you or to the counter man when he came in? No.
What did he do? He wiped grease from his hands.
Did he seem to be in a hurry? I don't know.
He just took some napkins and cleaned his hands.
Thank you.
No further questions.
You may step down, Miss Sherman.
Where's Bodak? He was arrested by Bronx Vice.
Mr.
McCoy, call your next witness.
Your Honor, the People request a recess.
For what purpose? Our final witness has been delayed.
We're confident he'll be here shortly.
We'll recess till after lunch.
And unless you have a witness to present, we'll move on to the defense case.
Bodak went back to work at one of D'A ntoni's other bookmaking locations.
It was raided.
Where is he now? In a holding cell at the 58th Precinct.
The riding A.
D.
A.
In the Bronx is Polk.
You stay here in case we need another delay.
Mike Bodak is the key witness in the Garcia murder trial.
Without him, we have no case.
From what I hear you don't have much of a case with him.
We raided one of D'A ntoni's places as part of our operation.
It's not my fault your witness was sitting there when we walked in.
I'm sure Corrections will furlough him to testify.
You're an A.
D.
A.
You know we don't want him coming in with a felony record.
If I give Bodak immunity, he has zero incentive to testify against D'A ntoni.
Give him a walk without immunity.
If you still need Bodak later, you can pick him up.
It'll be months before your trial starts.
What if he takes off? It's a Class E felony and his jacket's clean.
He's not going to run.
You must be out of your mind if you thought we'd agree.
Mike's not saying word one at your murder trial unless he gets full immunity on these charges.
The Bronx D.
A.
Won't agree to that.
Then you have a problem, McCoy.
Mr.
Bodak, you promised to testify.
He didn't promise to incriminate himself for bookmaking.
Mike, anything you say at the murder trial, the Bronx D.
A.
Can use against you.
I'll do everything I can to protect you on the stand, but I need you on the stand.
All right, we're done talking, McCoy.
Mr.
Bodak What? What am I supposed to say? Look where I am.
They want me to finger Ray D'A ntoni, Mr.
McCoy.
They want me for that.
You want me for Garcia.
I'm getting killed here.
I know.
I don't understand.
I just helped a guy change a tire.
I don't get it.
You help me, Mr.
Bodak, and I'll help you.
I don't think he can stand much more of your help.
Fine.
Listen to him.
Stay here and stand trial for bookmaking, while Ricky Garcia is acquitted for lack of evidence.
All right, that's enough, McCoy.
You'll be in jail, and he'll be out there doing drugs and killing people.
Your choice.
It's too risky, Mike.
He was having trouble loosening the lug nuts, so I offered to help.
After I got the nuts loose, we jacked the car up and I pulled his tire off.
What did you do then? Well, he said that he could handle the rest, so I took off.
North on Greenwich.
As you were walking north on Greenwich, did you pass anyone? Yeah, half a block from the car, I passed a guy who was walking towards where Mr.
Sherman was fixing the flat.
Do you recall a statement you gave the police prior to Mr.
Garcia's arrest? Yes.
Do you recall how you described the man you saw? I said he was Hispanic, average height, with a dragon tattoo on his right hand.
Is the man you saw walking toward Mr.
Sherman's car in this courtroom? Yes.
That's him at the table over there.
Let the record indicate Mr.
Bodak pointed at the defendant, Ricky Garcia.
Your witness, Mr.
Shuman.
Mr.
Bodak, you were arrested and charged with this murder also, weren't you? By mistake.
They let me go.
But only after you suddenly remembered seeing someone who resembled my client near the scene of the crime, isn't that right? Yes.
When you supposedly stopped to help Matthew Sherman change the tire, where were you coming from? From work.
You mean from the hotel.
No.
Then from where? You were coming from a betting parlor run by bookmaker Ray D'A ntoni, where you answer the phone and take bets, isn't that right? Your Honor, I wish to invoke my Fifth Amendment privilege.
In fact, you were still working for Mr.
D'A ntoni when you were arrested yesterday, isn't that right? Which is why you weren't here earlier to testify.
Objection.
Relevance.
Goes to credibility, Your Honor.
Overruled.
Please answer the question, Mr.
Bodak.
Yes, that's why I wasn't here.
I was under arrest.
Do you collect betting debts for Mr.
D'A ntoni? Perhaps by using force? No.
Matthew Sherman ever place bets with Mr.
D'A ntoni? No.
Well, I don't know.
Did he owe money to Mr.
D'A ntoni that you were trying to collect that Sunday morning? No.
I don't do that kind of stuff.
Well, then exactly what kind of stuff did you do for Mr.
D'A ntoni? I invoke my Fifth Amendment privilege.
Your Honor, please direct the witness to answer.
Mr.
Bodak, answer the question.
I invoke my Fifth Amendment.
Approach, Your Honor? Your Honor, the witness forfeited his Fifth Amendment privilege when he answered the People's questions.
His whole line of questioning is irrelevant.
All right, take it to chambers.
The court will take a short recess.
My questions might uncover a credible alternate suspect to this crime.
They're completely relevant.
He's fishing.
Mr.
Bodak was put on the stand for the very limited purpose of identifying the defendant.
That's his limited purpose, not mine.
Your Honor, either Mr.
Bodak answers my questions, or I'm moving to strike.
All right.
Mr.
McCoy, your witness cannot selectively invoke his privilege.
It's all or nothing.
He's not putting his ass in a sling for you, McCoy.
He's got no immunity.
He's not about to incriminate himself.
Does he know what happens to this case if he doesn't answer? I'm looking out for his interests, not yours.
Mr.
Bodak, I'm going to give you another chance to answer Mr.
Shuman's question.
Ms.
Dorn, would you please read back the question? Question, " Then exactly what kind of stuff did you do for Mr.
D'A ntoni?" I invoke my Fifth Amendment privilege.
All right, Mr.
Bodak, you're excused.
Your Honor, for the record, before you make your ruling I would like to consult with the witness.
Denied.
Mr.
Bodak, step down.
Members of the jury, I would like to instruct you to disregard Mr.
Bodak's testimony in its entirety.
Strike it all.
He means disregard that I ever saw him? All your testimony.
Silence.
Mr.
Bodak, leave or I'll cite you for contempt.
Mike, come on.
Your Honor, I move for a dismissal of the charges on the basis that the People failed to prove their prima facie case.
I'll take that motion under advisement.
Your Honor, one moment, please.
What now, Mr.
McCoy? I'd like to talk to my witness.
Objection, Your Honor.
I haven't rested my case! You have 30 seconds.
This is your last chance, Mr.
Bodak.
Michael, let's go.
Mr.
McCoy, I am not going to let him incriminate himself.
Mr.
Bodak, you're the only one who saw him.
Don't let him walk.
Forget it.
Mike, this is not your problem.
Mr.
McCoy, you through with your witness or not? Make up your mind, Mr.
Bodak.
Quickly.
Mike! Your Honor, the People would like to recall Mr.
Bodak to the stand.
Your Honor, I object.
I'll allow it.
Your Honor, I'm Mr.
Bodak's attorney Sit down.
Mr.
Bodak, take the stand.
Remember you're still under oath.
Mr.
Bodak, Mr.
Shuman asked you what you did for Mr.
D'A ntoni.
Are you prepared to answer his question? Yeah.
I took bets over the phone for Mr.
D'A ntoni.
Sometimes I helped count money.
That's why they arrested me.
But whatever you think of me, that's okay.
But it does not change the fact that I saw that man walking towards Mr.
Sherman's car right before Mr.
Sherman was murdered.
Thank you, Mr.
Bodak.
No more questions.
Mr.
Shuman? No questions.
You may step down, Mr.
Bodak.
Members of the jury, I direct you to disregard my previous instructions.
You may now consider all or part of Mr.
Bodak's testimony during your deliberations.
Madam Forewoman, has the jury reached a verdict? We have, sir.
Will the defendant please rise? On the first count of the indictment, murder in the first degree, how do you find? We find the defendant, Ricky Garcia, guilty.
On the second count of the indictment, robbery in the first degree, how do you find? We find the defendant, Ricky Garcia, guilty.
The Bronx D.
A.
Dropped the bookmaking charges against Bodak.
We're lucky to have had him as a witness.
Nice to know that the entire criminal justice system rises or falls on the decency of a Mike Bodak.
These are their stories.
You sure your brother said Jack's Donuts? Yes.
Because there's another donut place over on Hudson.
He picked me up here before.
Actually it's more like a coffee shop.
But they got donuts.
Pat's.
Jack's, Pat's.
Kind of sounds alike.
And we're the only places that are open on Sunday mornings.
Your brother might've confused them.
Hey, what if he comes? Tell him I went home.
Pretty girl.
Nice ass.
If I weren't getting married next week, maybe I'd tag along.
Excuse me, are you gonna order anything or just help yourself to the paper products? I'll take a coffee to go.
I was married once.
Didn't work, though, 'cause I was hardly ever home.
You think these donuts make themselves? Keep it.
Oh, come on, Matthew, what are you doing? Oh, God.
Oh, God.
Oh! Matthew! Oh, God! Somebody help! Help! Help! Three to the chest.
No wallet or watch.
We found shells over here, sent them to the lab.
Robbed while he was changing the tire.
Two sets of palm prints on the hubcap.
Looks pretty fresh.
M.
E.
Says maybe within the hour.
Who is he? Matthew Sherman.
Registration shows a Woodmere address.
Guy's sister found him.
They're giving her something to settle her down.
He's got scraped up knuckles.
Maybe he put up a fight.
And lost.
Matthew was gonna He was gonna pick me up at the donut shop on Washington.
Where were you going? We were gonna go visit a friend in Princeton.
When he was half an hour late, I figured there'd been some sort of mix-up, so I decided to go home.
He If he hadn't been coming to pick me up, this never would've happened.
Hey, you had nothing to do with this.
You're not responsible for every psycho walking the streets.
Did you notice anyone in the area before or after you found him? Um, there was just the donut shop guy and another customer.
When did the other customer arrive? Right before I left.
You remember what he looked like? What kind of clothes he was wearing? Any distinguishing characteristics? He was sort of average looking, you know.
He had jeans on and a windbreaker, and he was wearing a cross.
You know, it looked sort of medieval.
Did you talk to him? Mmm-mmm.
I think he just wanted to clean his hands.
They were covered with grease.
The palm prints they found.
I don't understand.
Why would anyone want to kill Matthew? He never hurt anyone.
They got his wallet.
It isn't fair! How perfect is this? Cops talking to a donut guy.
Yeah.
Tell us about the customer who came in just before the girl left.
The one who cleaned his hands.
Barely a customer.
He takes about 50 napkins, and then he starts to leave.
Well, after I call him on it, he orders a coffee, then thinks he's a big shot because he tips me a quarter.
What I lost on napkins, I barely broke even.
Take these down to the lab.
Right.
Did he mention his name or say where he was coming from or going to? Nothing except, "Give me a coffee" and how if he wasn't getting married next week, he'd be putting the moves on the girl.
Which I thought, "That was out of line.
" But I didn't say anything because it's not my business.
My business is selling donuts.
Thanks for clearing that up.
Paper's all over this.
"Perfect Son Shot Down.
" The kid worked his way through Princeton, got some big job on Wall Street.
He still volunteered three days a week at some youth center uptown.
That cross everyone saw him wearing? I checked around.
It's Greek Orthodox.
I don't care if he's a Buddhist.
Hey, the guy said he was getting married, right? So I checked with all the Greek Orthodox churches in the area.
Four weddings scheduled this week.
Maybe one of the priests knows him.
Good.
Get on it.
I'll get these circulated.
Just in the neighborhood.
For all we know, this guy is just a witness.
Hey, this was in all the papers.
If he's only a witness, he would've come forward.
Yes, he was here.
Seemed like a nice young man.
Talked about basketball.
You know his name? We didn't talk more than five minutes.
I'm sure he mentioned it.
Michael something, I think.
This Michael, is he the one getting married here Saturday? No.
He wanted to, but his fiancée wasn't of our faith.
Jewish.
Is he a member of your church? Because his address would be a big help.
I'd never seen him before.
He said he'd just moved here and wanted a wedding in our church because his fiancée lives in the neighborhood.
Is there a synagogue in the neighborhood? Looks like Ruth Gottlieb's fiancé.
You met him? They wanted to have their wedding here, but I don't perform interfaith ceremonies.
Do you remember his name? Yeah.
Michael Romak.
Bardack.
Something like that.
I'm one of these guys gets introduced to someone at a party, five minutes later their name's a complete mystery.
Well, what about Miss Gottlieb? Do you know where she lives? She's an active member.
I'm sure she's in our files.
The landlord sent you? No, ma'am, we're the police.
I didn't pay the rent because the damned landlord won't fix the blinds.
They're crooked.
I called four times.
Ma'am, do you know your neighbor, Ruth Gottlieb? Never met her.
But I hear through the walls.
Thin walls, huh? Not thin enough.
I have to hold a glass up to hear anything.
Do you know where she is now? Her rehearsal dinner for her wedding.
At Pasta D'oro.
You wouldn't happen to know who she's marrying, would you? Mike Bodak.
A bellhop.
If you ask me, she could do a lot better.
Thanks for your help.
Sorry, guys, this is a private party.
We need to talk to Mike Bodak.
Mike, you know these guys? No.
He says he don't know you.
This is my daughter's rehearsal dinner.
I don't want it disrupted.
Oh, a sergeant with the Housing Authority.
Raise you, Sarge.
We need a minute with Mike.
Mike.
These guys are detectives.
Daddy, what's going on? Why don't we step out here for a minute, huh? Stay with your mother.
I'm your witness, Mike.
Mike, we need to know what you were doing last Sunday morning.
I had brunch at Ruth's.
What about before brunch? He worked all night.
The kid works his butt off.
I worked the overnight shift on my job.
I'm a bellman at the Warren Hotel.
What time did you leave work? About 9:00.
Helped a guy change a flat.
Went to a donut shop, and walked over to Ruth's.
That's it.
This about the guy who got shot? Oh, you know about that, huh? Saw something in the papers.
And you didn't think it was worth it to mention to the cops that you had contact with this guy just before he was killed? Well, I didn't see anything.
And between working 16 hours, and the wedding and So you got him for donut shop patronage and helping a guy with a flat.
You gonna put in for a commendation? Hey, shut up, Sarge, or we take him down to the stationhouse right now.
You think I had something to do with it? I helped a guy change a tire.
Where'd you get the money for this? I'm gonna put it on my credit card.
Yeah? Well, the restaurant manager told me Mike paid him in cash.
I got a big tip at work.
A Saudi prince took over the whole floor.
All right, we're gonna need your work and home addresses.
Yeah.
Let's get a couple of uniforms to sit on this kid.
Yeah, Mike worked Sunday.
Graveyard shift.
What time did he get off? He was on the clock till How do you know that? He asked me to punch him out.
He said he had some business to take care off.
What kind of business? He's been working all kinds of jobs, looking for extra money for the wedding.
I guess that's what it was connected to.
Any Saudi princes lately? Yeah.
Nine or Laid $50s on all of us.
We got a problem, Mike.
I got a problem, with those cops you got tailing me.
You mind if we come in? I gotta go to work.
I don't know, Mike.
From what we hear, that job of yours has pretty flexible hours.
Last Sunday, you left at 6:00, not 9:00.
And that Saudi prince, he was in town nine months ago.
Let me give you a piece of advice, Mike.
Lying to us is really stupid.
I was gonna call to explain all that.
Well, it better be real convincing.
I've been working for a bookie the last few months.
Answering phones.
I took it to make some extra cash to cover the wedding expenses.
I left work last Sunday to handle early playoff action.
And you didn't tell us that.
Why? Because you thought we'd bust you? Yeah.
That and you asked me in front of Ruth's dad.
He's a cop.
I don't think he'd go for his son-in-law working for a bookie.
In case you forgot, I'm getting married tonight.
You know, we ran your name through the computer.
Does Ruth's dad know you were arrested for auto theft? When I was 17.
Yeah, but you'd still know how to unload a fancy car.
Car thieves like empty cars.
Hey, you needed the cash.
You lied to us about when you left work.
You lied about working for the bookie.
That's hindering prosecution.
I could arrest you for that right now.
Look, what do you want me to do, make something up? I'm telling you what really happened.
Hey, if that's what really happened, then you won't mind us looking around your place, right, Mike? Yeah, go ahead, you know.
If it's gonna get rid of you.
I gotta get to work.
You know, those cops downstairs will be there, too.
Sherman's sister said he was wearing a dark blue windbreaker, right? Yeah.
There's a dark spot right here.
You can hardly see it.
Oh, that could be blood.
I don't like the motive.
He pulls stick-ups but he works two jobs? You've never had to impress a fiancée.
Bodak's been clean for 12 years.
One of the other bellhops said he promised his girlfriend a honeymoon in Hawaii.
Now, I think he looked at Sherman and saw two tickets to Maui.
Home run on the jacket.
It's Sherman's blood type.
What the hell is this? I answered your questions.
You're under arrest for the murder of Matthew Sherman.
What? You want to step outside so we don't have to embarrass your guests? I thought you took care of this, Mike.
I did.
So what's going on here? Mike? We're making an arrest.
What is this? This is our wedding.
It's some kind of mix-up, honey.
You have the right to remain silent.
I'll be back in an hour.
Anything you say can and will be used against you in a court of law.
You couldn't wait, could you? You couldn't wait three hours till the reception was over.
You ruined my wedding for nothing.
Matthew Sherman isn't gonna have a wedding, or a reception, or anything else.
Did I piss someone off around here? The blood on your jacket is type AB, just like Sherman's.
We checked your marriage license.
You're type O.
Maybe I brushed up against him when we were loosening the lug nuts.
I think he cut himself.
That's one explanation.
Then there's one that makes sense.
Hey, if something made you do it, if it was an accident, if the gun went off by itself, whatever, you're a lot better off giving us a reason.
Otherwise, you'll never spend another night with that fiancée of yours.
Look, we know you were at the crime scene, we know you needed the cash.
The victim's blood is on your jacket.
In the homicide business, that's like finding the Holy Grail.
I'm in here, and the real murderer, he's walking the streets.
If you know who did it, we're all ears.
I didn't think so.
There was another guy.
I passed a guy about half way down the block from where I left the car.
A Puerto Rican guy.
Yeah, that's how we solve homicides, too.
Nearest Puerto Rican did it.
Look, I don't know if he did it.
But I passed him right after I left, and he looked kind of scary.
Hey, this is New York.
Everybody looks scary.
He looked at me, you know, like he was sizing me up.
And he had a tattoo on his hand like a dragon.
Yeah, the old sizing up look.
I'll put out an APB on scary Puerto Ricans.
He give you anything else? Not yet.
Then probably not ever.
His lawyer's here.
He waived his right to counsel.
They brought him.
In-laws.
No wonder you're divorced.
Get a warrant for Bodak's work locker and the bookie joint where he moonlights.
Who is it? Police.
Open the door or we bust it down.
Yeah, wait a minute.
If I smell burning flash paper, you're going to jail.
Open the door.
Hey, whoa, guys.
Look, I just answer the phones around here, all right? So answer it.
Answer the phone! Hello.
Yeah, the Knicks are getting five and a half, Heat are getting four, the Yankees are six to five.
Hey, look, guys, I swear, I just answer the phones Turn around and face the wall.
Mike Bodak work here? Yeah.
You ever hear about him pulling any stick-ups? Mike? No.
Did he mention any cash he came into recently? Well, you know, we all got bonuses around here.
Five hundred a piece, after my boss cleaned up on the De La Hoya fight.
Oh, yeah? Who's your boss? Who's your boss? Ray.
Okay? Ray D'A ntoni.
Bodak ever carry a gun? No.
Yeah.
The Hawks? Plus two.
Yeah, you got it.
Five times, right.
You don't mind if we look around here, do you? Look, could you guys please try not to damage the phones? I could get in a lot of trouble around here.
Boy, that was easy.
This belong to you? I swear, I've never seen it.
What's your name? I'm Miles.
We're going to have to arrest you, Miles.
Yes, sir.
I understand, but I'll notify Bronx Vice.
You have the right to remain silent The Knicks plus five and a half? I'd be all over that.
Bad news from ballistics.
That gun isn't the murder weapon.
So we've got no murder weapon, none of the victim's possessions were in Bodak's apartment, and there's a good explanation why he had cash on him after the murder.
Not exactly air-tight.
I've been going over these Neighborhood Watch reports from the area of the shooting.
A couple of weeks ago, a dry cleaner thought he saw a woman being robbed.
No police report was filed, but the MO's pretty similar.
A woman came into my shop to call the Auto Club because her Mercedes had broken down.
After she returned to her automobile, I saw a man leave the pharmacy right there, and accost this polite lady.
This man, what did he look like? I didn't get much of a look.
Average height, unshaven.
Possibly Hispanic.
Did he have a tattoo? I wasn't close enough to see.
What did he do to the woman? I saw him wave a pistol.
I was about to call the police, when the truck arrived and the man ran off.
The woman looked very frightened.
I think it's outrageous the Auto Club would give out my name and address.
Well, they were just trying to be good citizens, Ms.
Watts, as we'd like you to be.
Well, I don't know what I can tell you.
Some degenerate came up to me, waved a gun in my face, and demanded my watch and wallet, which I was fully prepared to surrender.
That's when the tow truck arrived.
And this guy took off? Yes.
As soon as he grabbed the Gucci sunglasses off my head.
And you didn't think it was worth reporting? So I could spend hours in a courtroom? Make myself vulnerable to all kinds of retribution? For a pair of sunglasses? Do you remember what this guy looked like? Clothes, distinguishing features? Well, he was unwashed.
And he had a vile tattoo on his hand.
Some sort of lizard.
Yeah, he came in last Friday morning.
Puerto Rican.
He spoke English pretty good, but prescription medicine must've been a term he didn't understand.
He wanted a prescription filled? Well, he brings in a Percodan vial from the Bellevue ER issued the day before.
It says "no refills" right on the label, but then he starts giving me some bull about how they said he could get more pills if he was still in pain.
Do you remember his name or his address? Well, if he'd been a potential customer, I would've.
But this guy, I never wanted to see him again.
Found it.
A Ricardo Garcia was prescribed 10 tablets of Percodan on the 23rd of last month.
You got an address on that? "NA.
" That's "Not Available.
" Thanks for the explanation.
Does that mean he's homeless? Maybe.
Or he didn't want to give out his address, or the doctor was too busy to get it.
Take your pick.
Who wrote the prescription? Dr.
Marienthal.
Dr.
Marienthal? You'll have to wait your turn.
I have a stab wound coming in.
Talk to the triage.
Well, until your stab wound arrives, maybe we could ask you a couple of questions.
It can't wait till the end of my shift? When's that? Day after tomorrow.
Doctor, that man with the cucumber problem is back.
Put him in Two.
On the 23rd, you issued a prescription for Percodan to a Ricardo Garcia.
Don't tell me, he sold it on the street.
I'll tell you something, gentlemen.
As long as drug addicts walk in here and get treated for made-up symptoms Save the sermon, Doc.
This guy may have killed somebody.
You remember anything about him? I wish I could help.
You know how many guys like him I treat every day? Tall? Short? Fat? Thin? What? Guy came in about that time who presented with terrible stomach cramps.
Hispanic, with a big serpent tattooed on his hand.
Couldn't find anything wrong with him.
He give you an address? Mention where he lived? He said he was in too much pain to talk.
Bellevue ER issued a prescription for Percodan to a walk-in named Ricky Garcia.
Tell you what, I'll call the first 1,000 Ricky Garcia's in the phone book, you call the second 1,000.
Whoa, whoa.
Only five Garcias got arrested this week.
Now, one, Ricardo, for shoplifting six blocks from the murder, and two blocks from where Virginia Watts got her $300 Gucci sunglasses ripped off.
Garcia's being arraigned this afternoon.
Grab him and stick him in a line-up.
I'll get a warrant for his place.
Where's Garcia? Gone.
The sergeant down at the holding cell thinks he was sent up earlier.
Oh, great.
Now we gotta hope Garcia volunteers to stand in a line-up.
Lennie.
Two screw-ups in one day? They trying for a record? You're supposed to bring Ms.
Watts down to the stationhouse.
What happened? Well, the message I got was to bring her here and find you guys.
Ms.
Watts, I apologize.
You weren't supposed to be brought down here.
We wanted you to view a line-up That's him! Stay with her.
Ricky Garcia, you're under arrest for robbery.
I just posted bail.
What was the $50 for? Something else.
Let's go.
Police! Put your hands over your head.
You live there? Yeah, but I didn't do nothing.
Keep your hands on the wall.
You got ID? "Tony Garcia.
" You related to Ricky? I'm his brother.
Is this because of Ricky? How come Tony Garcia has the initials M.
S.
On his wallet? Ricky gave me that.
He tell you where he got it? Hey, look, I don't know.
I saw it and he gave it to me.
It's kind of like rent 'cause I'm letting him stay in my place.
All right, Tony, you're gonna go down to the stationhouse.
But first, let us in.
We got a warrant.
Unless you want us to break the door down.
What did Ricky do? You tell me.
We'll start with last Sunday.
Maybe you were with him? No, I was sleeping.
I don't know where he was.
Look what the criminal genius had under his mattress.
Hey, that isn't mine.
I believe you.
But we'll check the prints just to make sure.
And this in his closet.
You know that phrase, "Hindsight's 20-20"? It means if you could do some things over again, you'd probably do them differently.
I took the sunglasses, okay? Like you'd probably dump the gun.
And you'd take a closer look at your socks and see the blood on them.
And you definitely wouldn't have paid your rent in stolen property.
I don't know what you're talking about.
You know what? We don't have to play any more games with you.
We just got all kinds of results back from the lab, Ricky.
That gun? That's the murder weapon, and your prints are all over it.
Your sock has Matthew Sherman's blood on it, and they lifted his prints and yours off that wallet.
Yeah, that's right.
So you want to tell us what happened now, Ricky? If you tell us, and I mean a full statement, we can probably get the D.
A.
To back off that death penalty request.
If you don't, you go on trial and get a conviction, and get a lethal injection.
Either arm.
They don't care.
You don't understand, man.
You know, maybe the needle's the way to go.
I mean, 20, 30 years in prison, that's gotta be tough.
I didn't mean it to happen like it did, man.
How did you mean for it to happen? The dude, man, he wouldn't give me his watch.
If he gives me the watch, I'm gone.
So since he wouldn't give you his watch, you shot him? Is that how it happened? I didn't mean to, man.
I swear.
Okay, I want you to write down exactly what happened, and date and sign the bottom of each page.
Can I say how I didn't mean to do it? You mean, how you only shot him 'cause he wouldn't give you his watch? Yeah, yeah.
The D.
A.
Will like that.
Garcia's a junkie and a two-bit thief.
He's got three arrests, no convictions.
A very thorough confession.
Hey, he's the guy.
So was Bodak.
Let's get him back to his fiancée.
I'll arrange the release.
Our trial prep just got a lot easier.
Mr.
Bodak, we're very sorry about what happened.
Save it.
We're not gonna be friends.
We expedited your release three hours after Mr.
Garcia confessed.
I've been in jail for three days.
You want to make me feel good, leave me alone.
You owe him a lot more than an apology.
Mike Bodak wasn't just wrongly accused.
We can't just un-ring the bell, Mr.
Joosten.
He was humiliated in front of his future wife and family.
We both know that wasn't necessary.
And we thought everything was working out so well.
He'll get over it.
Now for the bad news.
Garcia's attorney's trying to suppress the ID.
We have a meeting with Judge lannello tomorrow.
This was no line-up, it was a setup.
An arranged confrontation between their witness and my client in a courtroom.
The observation was completely accidental, Your Honor.
I refer you to People v.
Diaz.
An accidental ID in a police station was ruled unavoidable and admissible.
Well, this was avoidable.
The police had no reason to bring the witness to the courthouse.
It was a good faith mistake.
Maybe.
Maybe not.
They prejudiced their witness against my client.
She saw him coming out of a criminal courthouse with a lawyer.
She couldn't help assume that he was a criminal.
It wasn't written on his forehead.
An unshaven Hispanic male in jeans and an Army jacket talking to a white man in a suit.
The implication is obvious.
He's right, Mr.
McCoy.
The ID's tainted.
Your officers should have exercised more care.
Your Honor, the warrant to search my client's apartment was predicated on that ID.
Yes, the evidence seized there is out as well.
That's a gun, bloody sock and a wallet.
The wallet was found on Mr.
Garcia's brother outside the apartment.
Mr.
Garcia has no standing to object to a search of his brother.
That's one for you, Mr.
McCoy.
The wallet's in.
There's still the confession, Your Honor.
If my client hadn't been confronted with the illegally seized evidence, he never would have confessed.
Your Honor, under Frazier v.
Cupp, the police are permitted to lie to a suspect to extract a confession.
To exclude a confession based on the truth Well, then they should have lied instead of violating my client's rights.
I'm afraid Mr.
Shuman's right.
I'm going to have to suppress it.
I'm due in court.
Oh, there's one other thing, Your Honor.
What, Mr.
Shuman? My client's sitting in Rikers.
All they have is a wallet.
It's not enough to sustain murder two.
We're developing other evidence.
Well, when you do you can re-arrest Mr.
Garcia.
For now, the charges against him are dismissed.
Cops blew it.
Won't be the last time.
Get an ID from the dry cleaner or the pharmacist or both.
The pharmacist is on a cruise for two weeks, the dry cleaner couldn't pick him out, and the doctor who treated him doesn't remember what he looked like.
Our only shot is Bodak.
Bodak saw Garcia? During the second interview, Bodak said he passed a Latino right after he left Sherman.
You didn't have him look at Garcia before he was released? We had incriminating physical evidence and a confession.
And now you have neither.
Better find Mr.
Bodak.
Mr.
Bodak, if you can identify this man, we can re-arrest him.
Two days out of jail, and you want me to save your ass? Tell your bosses it'll be 20 years before I owe them anything.
You don't owe them.
And since you barely knew Matthew Sherman, I guess you don't owe him either.
Hey, who owes me, Ms.
Ross? You act like that other stuff never happened.
I'm sorry.
Yeah, you're real good at that, saying you're sorry.
I actually do feel sorry for you.
A decent guy who got screwed.
But when a decent guy has the opportunity to put a killer behind bars, he stands up.
I guess you two have met.
Listen, what happened before was nothing personal.
The photo array is all set up.
If there's any way we can make it up to you You've done enough already.
We're going to show you six photos.
You see the guy who passed you on Greenwich Street, you point to him, all right? That's him.
Number One? You sure? Yup.
Absolutely.
Whoa, whoa Fellows, relax, man.
I ain't going nowhere.
Put your hands on your head, now.
Hey, you can't do this.
Oh, no? Watch this.
You're under arrest for murder.
No, man! His lawyer said that stuff got thrown out.
Never trust lawyers, man.
The judge said that.
You have the right to remain silent.
Hey, this is wrong, man.
Anything you say I didn't kill nobody.
Can and will be used against you in a court of law.
You change your mind? I guess we'll just have to convict you the old-fashioned way.
You have the right to an attorney Your Honor, this arrest makes a mockery of your ruling.
Mr.
Garcia was independently identified by a witness who saw him in the vicinity of the murder.
My client was in that photo array only because of the tainted ID by Virginia Watts.
Mr.
Garcia had his mug shot taken when he was arrested for shoplifting.
It would've only been a matter of time before Mr.
Bodak picked him out of the mug books.
Sounds right to me, Mr.
Shuman.
The arrest stands.
Your Honor, I also ask you to reconsider your earlier suppression of the murder weapon and the bloody sock.
There's no way they would've gotten a search warrant based solely on Mr.
Bodak's ID.
If it was enough to support an arrest, it's certainly enough to support a search warrant.
Nice try, Mr.
McCoy.
What I said before stands.
The gun and the sock stay out.
You got Bodak's ID and Garcia's prints on the victim's wallet.
Good luck.
We have more than that.
His confession was front page in all the papers and led the 11:00 news.
The audience makes up our jury pool.
They'll be excluded in voir dire.
Only if they admit it.
Jack, I can't reach Bodak.
He isn't answering his phone, he isn't returning my messages, and his boss said he didn't show up for work.
Then you better get over to his place.
The guy called and said he did it to prove that he could get to me, and that if I testify, he's gonna do to my face what he did to the bed.
You should've called us.
Look, I think the best thing I can do is just keep my mouth shut, so can you please go? Hiding out in your apartment isn't the answer.
I'll take it over getting cut up.
We can protect you, put you up in a hotel, round-the-clock guards.
What, for the rest of my life? Look, we know Garcia killed Sherman, but we can't prove it without you.
All I did was see a guy walking down the street.
You're a material witness.
That means we can arrest you.
You do that.
We can drag Bodak into court, but I don't think he'll finger Garcia.
Then the judge will find him in contempt and throw him in jail until he changes his mind.
He's not worried about contempt, he's worried about having his throat slit.
I got the cops watching his place.
How about we find out who's making the calls and throw him in jail? It's not Garcia.
Rikers keeps records of all inmate calls.
What about his loving and supportive family? There's only his brother.
Nothing on the home phone LUDs.
We've got a tap on Bodak's phone.
If he never calls back, you have nothing and we look like amateurs.
Cut a deal with Garcia.
Watch, they're gonna offer us a deal.
We won't keep you in suspense.
Mr.
Garcia pleads to murder two You're dreaming.
They got no case.
We recommend 20-to-life.
If that's all you're putting on the table, then we're done.
You're putting your life on the line.
You've got nothing.
You've got a wallet.
And a witness who puts him in the middle of things.
The one who remembered seeing someone, what, during his seventh or eighth interview? A witness who can't wait to testify.
I'll eat him alive.
The guy's got zero credibility.
Come on, you gonna make a serious offer, or are we just gonna sit around here and play with ourselves? The offer is murder two.
Guard.
Think about it, Ricky.
Rey, the rules say you gotta play.
Yeah, yeah.
I don't know, Lennie.
We've been here two nights, and Bodak's gotten a total of two calls.
Gin.
Bingo.
Hello.
I guess you weren't listening before.
You go to court, you're a dead man.
Got him.
The number traces to a Belvedere Refuse Company on West 23rd, where Tony Garcia works.
I'll call and find out what route he's working.
And I thought our intimidator had retired.
Just needed a little motivation.
Hey, Tony, you're under arrest for intimidating a witness.
I don't know what you're talking about.
We have tape of you calling Bodak last night.
You want to do yourself some good, you'll tell us what Ricky told you.
Or you could play the dedicated brother, that's all right.
You can both go to jail for 20 years.
I didn't do nothing, and neither did my brother.
Witness tampering is a felony.
And you have one felony conviction already.
Grand Theft Auto in '91.
That means you're looking at four years for one phone call.
Unless you agree to testify against your brother.
In which case, we'll knock it down to misdemeanor attempted tampering and recommend probation.
Hey, I didn't make no phone calls.
We can get a voice print.
Which is notoriously unreliable.
You want your brother to get off, right? Let's say that happens.
Then he's free, and you're doing four years in Attica.
Seems to me you're getting the short end of the stick.
Or maybe they'll both get off because they're both innocent.
Or hadn't that crossed your mind? What if he gets out? We have him on tape making the threats.
He's not going anywhere.
I'm concerned with his brother.
He will get out if you don't testify.
Forget it, Mike.
Who knows what other friends Garcia's got out there? Mr.
Gottlieb, I expected you to be more helpful.
I'm looking out for my own.
Mike's got Ruth to think about.
These animals could just as well come after her.
We gave you protection.
We arrested the person who was threatening you.
What more can we do? You can leave him alone.
If Garcia's on the street, it's only a matter of time before he kills again.
That's good.
Making him feel guilty.
You can stop him, Mr.
Bodak, with your testimony.
It's not your problem, Mike.
Can we count on you? You got no obligation whatsoever.
Yeah.
Mike Frank, I saw the guy.
I can't agree with you, Mike.
You ought to be thinking about your family.
I'll hold up my end.
The tire jack was on the street, next to the front tire.
At first, I didn't see Matthew.
I found him in the car.
It didn't make sense.
I thought he was sleeping at first.
And then I saw the blood all over his chest.
Do you recognize this wallet? Yeah.
It's Matthew's.
Our grandfather gave it to him for his 21st birthday.
Thank you, Tiffany.
Your witness.
Miss Sherman, did you see my client anywhere near your brother's car? No.
You testified that you identified a man named Mike Bodak coming into the donut shop just before you left, is that correct? Yes.
And he had grease on his hands.
Yes.
Grease from your brother's car.
Objection.
The witness isn't qualified to answer that.
Withdrawn.
Did Mr.
Bodak say anything to you or to the counter man when he came in? No.
What did he do? He wiped grease from his hands.
Did he seem to be in a hurry? I don't know.
He just took some napkins and cleaned his hands.
Thank you.
No further questions.
You may step down, Miss Sherman.
Where's Bodak? He was arrested by Bronx Vice.
Mr.
McCoy, call your next witness.
Your Honor, the People request a recess.
For what purpose? Our final witness has been delayed.
We're confident he'll be here shortly.
We'll recess till after lunch.
And unless you have a witness to present, we'll move on to the defense case.
Bodak went back to work at one of D'A ntoni's other bookmaking locations.
It was raided.
Where is he now? In a holding cell at the 58th Precinct.
The riding A.
D.
A.
In the Bronx is Polk.
You stay here in case we need another delay.
Mike Bodak is the key witness in the Garcia murder trial.
Without him, we have no case.
From what I hear you don't have much of a case with him.
We raided one of D'A ntoni's places as part of our operation.
It's not my fault your witness was sitting there when we walked in.
I'm sure Corrections will furlough him to testify.
You're an A.
D.
A.
You know we don't want him coming in with a felony record.
If I give Bodak immunity, he has zero incentive to testify against D'A ntoni.
Give him a walk without immunity.
If you still need Bodak later, you can pick him up.
It'll be months before your trial starts.
What if he takes off? It's a Class E felony and his jacket's clean.
He's not going to run.
You must be out of your mind if you thought we'd agree.
Mike's not saying word one at your murder trial unless he gets full immunity on these charges.
The Bronx D.
A.
Won't agree to that.
Then you have a problem, McCoy.
Mr.
Bodak, you promised to testify.
He didn't promise to incriminate himself for bookmaking.
Mike, anything you say at the murder trial, the Bronx D.
A.
Can use against you.
I'll do everything I can to protect you on the stand, but I need you on the stand.
All right, we're done talking, McCoy.
Mr.
Bodak What? What am I supposed to say? Look where I am.
They want me to finger Ray D'A ntoni, Mr.
McCoy.
They want me for that.
You want me for Garcia.
I'm getting killed here.
I know.
I don't understand.
I just helped a guy change a tire.
I don't get it.
You help me, Mr.
Bodak, and I'll help you.
I don't think he can stand much more of your help.
Fine.
Listen to him.
Stay here and stand trial for bookmaking, while Ricky Garcia is acquitted for lack of evidence.
All right, that's enough, McCoy.
You'll be in jail, and he'll be out there doing drugs and killing people.
Your choice.
It's too risky, Mike.
He was having trouble loosening the lug nuts, so I offered to help.
After I got the nuts loose, we jacked the car up and I pulled his tire off.
What did you do then? Well, he said that he could handle the rest, so I took off.
North on Greenwich.
As you were walking north on Greenwich, did you pass anyone? Yeah, half a block from the car, I passed a guy who was walking towards where Mr.
Sherman was fixing the flat.
Do you recall a statement you gave the police prior to Mr.
Garcia's arrest? Yes.
Do you recall how you described the man you saw? I said he was Hispanic, average height, with a dragon tattoo on his right hand.
Is the man you saw walking toward Mr.
Sherman's car in this courtroom? Yes.
That's him at the table over there.
Let the record indicate Mr.
Bodak pointed at the defendant, Ricky Garcia.
Your witness, Mr.
Shuman.
Mr.
Bodak, you were arrested and charged with this murder also, weren't you? By mistake.
They let me go.
But only after you suddenly remembered seeing someone who resembled my client near the scene of the crime, isn't that right? Yes.
When you supposedly stopped to help Matthew Sherman change the tire, where were you coming from? From work.
You mean from the hotel.
No.
Then from where? You were coming from a betting parlor run by bookmaker Ray D'A ntoni, where you answer the phone and take bets, isn't that right? Your Honor, I wish to invoke my Fifth Amendment privilege.
In fact, you were still working for Mr.
D'A ntoni when you were arrested yesterday, isn't that right? Which is why you weren't here earlier to testify.
Objection.
Relevance.
Goes to credibility, Your Honor.
Overruled.
Please answer the question, Mr.
Bodak.
Yes, that's why I wasn't here.
I was under arrest.
Do you collect betting debts for Mr.
D'A ntoni? Perhaps by using force? No.
Matthew Sherman ever place bets with Mr.
D'A ntoni? No.
Well, I don't know.
Did he owe money to Mr.
D'A ntoni that you were trying to collect that Sunday morning? No.
I don't do that kind of stuff.
Well, then exactly what kind of stuff did you do for Mr.
D'A ntoni? I invoke my Fifth Amendment privilege.
Your Honor, please direct the witness to answer.
Mr.
Bodak, answer the question.
I invoke my Fifth Amendment.
Approach, Your Honor? Your Honor, the witness forfeited his Fifth Amendment privilege when he answered the People's questions.
His whole line of questioning is irrelevant.
All right, take it to chambers.
The court will take a short recess.
My questions might uncover a credible alternate suspect to this crime.
They're completely relevant.
He's fishing.
Mr.
Bodak was put on the stand for the very limited purpose of identifying the defendant.
That's his limited purpose, not mine.
Your Honor, either Mr.
Bodak answers my questions, or I'm moving to strike.
All right.
Mr.
McCoy, your witness cannot selectively invoke his privilege.
It's all or nothing.
He's not putting his ass in a sling for you, McCoy.
He's got no immunity.
He's not about to incriminate himself.
Does he know what happens to this case if he doesn't answer? I'm looking out for his interests, not yours.
Mr.
Bodak, I'm going to give you another chance to answer Mr.
Shuman's question.
Ms.
Dorn, would you please read back the question? Question, " Then exactly what kind of stuff did you do for Mr.
D'A ntoni?" I invoke my Fifth Amendment privilege.
All right, Mr.
Bodak, you're excused.
Your Honor, for the record, before you make your ruling I would like to consult with the witness.
Denied.
Mr.
Bodak, step down.
Members of the jury, I would like to instruct you to disregard Mr.
Bodak's testimony in its entirety.
Strike it all.
He means disregard that I ever saw him? All your testimony.
Silence.
Mr.
Bodak, leave or I'll cite you for contempt.
Mike, come on.
Your Honor, I move for a dismissal of the charges on the basis that the People failed to prove their prima facie case.
I'll take that motion under advisement.
Your Honor, one moment, please.
What now, Mr.
McCoy? I'd like to talk to my witness.
Objection, Your Honor.
I haven't rested my case! You have 30 seconds.
This is your last chance, Mr.
Bodak.
Michael, let's go.
Mr.
McCoy, I am not going to let him incriminate himself.
Mr.
Bodak, you're the only one who saw him.
Don't let him walk.
Forget it.
Mike, this is not your problem.
Mr.
McCoy, you through with your witness or not? Make up your mind, Mr.
Bodak.
Quickly.
Mike! Your Honor, the People would like to recall Mr.
Bodak to the stand.
Your Honor, I object.
I'll allow it.
Your Honor, I'm Mr.
Bodak's attorney Sit down.
Mr.
Bodak, take the stand.
Remember you're still under oath.
Mr.
Bodak, Mr.
Shuman asked you what you did for Mr.
D'A ntoni.
Are you prepared to answer his question? Yeah.
I took bets over the phone for Mr.
D'A ntoni.
Sometimes I helped count money.
That's why they arrested me.
But whatever you think of me, that's okay.
But it does not change the fact that I saw that man walking towards Mr.
Sherman's car right before Mr.
Sherman was murdered.
Thank you, Mr.
Bodak.
No more questions.
Mr.
Shuman? No questions.
You may step down, Mr.
Bodak.
Members of the jury, I direct you to disregard my previous instructions.
You may now consider all or part of Mr.
Bodak's testimony during your deliberations.
Madam Forewoman, has the jury reached a verdict? We have, sir.
Will the defendant please rise? On the first count of the indictment, murder in the first degree, how do you find? We find the defendant, Ricky Garcia, guilty.
On the second count of the indictment, robbery in the first degree, how do you find? We find the defendant, Ricky Garcia, guilty.
The Bronx D.
A.
Dropped the bookmaking charges against Bodak.
We're lucky to have had him as a witness.
Nice to know that the entire criminal justice system rises or falls on the decency of a Mike Bodak.