Law & Order (1990) s16e03 Episode Script
Ghosts
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.
I'm standing at the bar, ordering a Red Bull and vodka, and there he was, 10 feet away.
You're kidding! You know, I hadn't seen him in five years.
So, what happened? I said hi, gave him a kiss on the cheek, and he called me a selfish whore.
Seriously? Some people just can't forgive.
Guess not.
Then again, you did screw his best friend.
Okay.
Keep your mouth shut and give me your cash.
Now.
I said now! Please don't shoot.
Go, go! Police! Freeze! Corner of 23rd and 10th! Name's Dan Flood.
Career punk.
Is he gonna live? They called the priest What about our guy, Herlihy? Looks like the Irish bastard's going to make it, thank God.
We were hoping you'd give us a statement before you bid us all farewell.
You know, let me make it easier.
Dan, did you shoot a cop tonight? And before that, you robbed two ladies on Eighth Avenue? Anything? That's it.
All right.
I killed Sara Dolan.
Excuse me? Me and Johnny.
We raped her, killed her.
What did you just say? Hail Mary, full of grace, the Lord is with thee You and Johnny raped and killed Sara Dolan? Is that what you just said? Holy Mary, Mother of God, pray for our souls Johnny who? And if you killed her, where is the body? Upstairs? Downstairs? In the basement? And how did you kill her? Did you punch her? Did you throw her up against the wall? It was 10 years ago Joe? Joe, you all right? I'm all right.
I just don't like punks like this lying about murders that they didn't commit.
I worked on the Sara Dolan case for two years.
This guy did not kill her.
Well, that's a strange thing to admit to, if you didn't do it.
Sara Dolan was a beautiful kid.
Just turned 12-years-old.
Couldn't go five minutes without reading about her.
Or her million-dollar modeling contract.
So, you still think the father did it? There was no forced entry.
He was the last person to see her alive and the first person to find her dead, with no real alibi.
And there was evidence of sexual abuse? No DNA.
But strong physical evidence.
So why no arrest? Well, according to the District Attorney's Office, there was no probable cause.
So you think Flood's deathbed admission is a lie? Absolutely.
Well, check it out anyway.
Run Flood's priors.
See if the name Johnny pops up anywhere.
Mr.
Flood.
I'm afraid we have some bad news.
What, Steinbrenner didn't accept my bid to buy the Yankees? Sir, it's about your son, Dan.
He was killed in a shoot-out with a New York City police officer.
Anything else? Uh, well, his body's at the Medical Examiner's Office on First Avenue, if you want to make arrangements.
What happens, you know, if I don't? Well, we'll bury him in Potter's Field.
Do I have to pay for that? No.
Then leave him where he is.
Putting him in a suit and tie ain't going to change nothing.
Did your son have a friend named Johnny? Johnny? Only kid I can think of is Johnny Zona.
They ran around together in high school.
This Johnny, a pretty good kid? Not if he hung around with Danny.
Anything else? Johnny Zona's rap sheet.
He's not exactly a Sunday School teacher.
Armed robbery, grand larceny, drug possession.
Look at that.
Did five years in Green Haven.
Beat up a 16-year-old girl.
Broke her nose and her jaw.
Real tough guy.
I'm calling his parole officer, see if I can get an address.
What's up, guys? Getting ready for the PBA golf outing? We're here to talk about Dan Flood.
Okay.
So you know him? Yeah.
What did he do? Now, why do you ask that? Same reason I would say two plus two is four.
Do you know someone named Sara Dolan? No.
I don't think so anyway.
That's not what your pal Flood says.
What are you talking about? He says you knew her.
Knew her? Actually, he said you raped her and killed her.
He can say I'm the King of England, doesn't mean it's true.
Well, if he says so on his deathbed, it does.
He died this morning.
People don't just offer up lies before they die, man.
That ain't how it works.
I agree.
So Flood was telling the truth? I didn't say that.
You have no idea why he'd say that you raped and killed this little kid? None.
On my mother.
He was pretty vivid in his description.
He said that you raped her and then you smashed her head in? And then he tried to stop you, but you were all whacked out on crack? What else did he say, that I killed John Lennon? Don't get smart.
Now, Flood's dead.
That puts you in the driver's seat, so whatever you say went down, that's what went down.
Now, if Flood was the one that killed and raped this little girl, and you were just along for the ride, maybe we could work something out.
Am I under arrest? No.
Call me when you have more and I'll consider re-opening the grand jury.
But keep this quiet.
We don't need the press calling us stupid just yet.
At least, until we know we really are stupid.
Or right.
So the father was the only real suspect? To me.
What did your partner, Salone, think? He liked him better than I did.
Talked about it until the day he died.
So why couldn't you all make a case? Like I said.
We had no probable cause.
Well, what did you have? A lot of little things.
Like what? The father finds her in the maid's room.
But rather than call the police, he cleans the body and he carries her into another room, where he lays her on the floor.
Not a couch, not a rug, the floor.
What kind of father lays his dead daughter on a cold floor? So, did you think he was trying to contaminate the crime scene? Not at first.
But when a fancy defense lawyer shows up 10 minutes later, I started doing the math.
That's how rich guys think.
Soon as something goes wrong, you immediately call a lawyer.
Not when you're innocent.
And not when it's your own daughter.
You got to see this.
When I stepped into the house I sensed something was wrong.
Don't know why.
I just did.
Iran down the hall, calling her name, opening door after door.
Then I went into the maid's room.
Turned on the light.
And there she was.
My daughter.
On the floor.
So? My daughter, her, she.
He never once said the name Sara.
Well, maybe he just couldn't bring himself to say it? Or maybe he just killed her.
Dan Flood's on the interview list.
The only thing that I can think of.
Dolan had his brownstone renovated two months before the murder.
We talked to all the construction guys, electricians, plumbers You're telling me that there's a chance that Flood actually worked in Dolan's house? Possible.
You remember a kid name of Danny Flood, worked for you maybe 10 years ago? I don't remember what I had for breakfast.
Stevey.
You know a kid named Flood? - Uh, Danny Flood? - Yeah, that's him.
Yeah.
Worked for us, like, three months.
What happened? I fired him for clipping a sawbuck off a client's coffee table.
You remember the client? Yeah.
Rob Dolan.
That rich stockbroker guy who killed his daughter, the model.
And you're sure about that? You're absolutely sure about that? Yeah.
But what I remember most though? The wife.
Beyond hot.
I mean ridiculous.
She was good-looking.
No doubt.
Yeah.
Allergic to bras, too.
She walked around in these tank tops all day.
All right.
Thanks, gents.
Yeah, sure.
So, maybe Flood took more than $10 off of that coffee table? Like a key? Well, that would explain why there was no forced entry.
I don't know.
Maybe, maybe.
Joe.
The dude admits to a murder like, He worked at the victim's house.
Not to mention he's got a rap sheet from here to Coney Island.
I mean So what are you saying? I'm just saying that you seem to be rooting against the facts.
I mean, if you want to get somebody else on this case.
Now, look, I've been wrong before, believe me.
So you're good? You can carry on? I have to do it.
I don't really have a choice.
I have to know.
It ain't exactly Mr.
Dolan? Yes.
I'm Detective Green.
This is my partner Detective Fontana.
I know.
We came to say that we have a new lead in Sara's case.
A new lead? What does that mean? We're investigating a man who we think may have been involved in her murder.
That's good timing.
It's only been what, a decade? Rob? Everything okay? Everything's fine, sweetie.
Really.
We just had some information that we wanted to share with you.
Credible information about Sara's case.
As a courtesy.
A courtesy? Is that a joke? I had to get a court order to bury my own damn daughter.
Courtesy? Here.
Here's my courtesy.
So, how did Dolan take the news? Not bad.
Be straight with me, guys.
Can we make a case out of this or not? Well, I think so.
Fontana? Definitely.
Okay, then.
Keep at it.
Why don't you talk to Zona's prison buddies, see if they know anything.
We lived in the same cell together but that don't mean we were friends.
What was the problem? I don't like punks who beat up girls.
We're not too crazy about them either.
Listen, did Zona ever talk about his past? You know, brag about any murders or anything? No.
He knew better than to play bad-ass with me.
I'd have kicked his head in.
Did he get roughed up a lot? Yeah.
Until he found some black dude to look after him.
To "look after him?" Exactly.
Became homeboy's personal Maytag.
If you know what I mean.
We get the point.
You remember homeboy's name? Did Johnny Zona ever mention the name Sara Dolan to you? No.
Did he say he ever killed anyone? Uh-uh.
You sure about that? Positive.
Look, Kenny.
You're not gonna get out of here until the day that you die.
There's no way around that.
So I'm proposing that you make the best out of this situation.
What do you suggest? That I hire a feng shui master? No, I'm suggesting that you work with us and we can hook you up with some extra privileges.
A better job, some more visitations.
Assuming that you can remember something that your boy Johnny said about a murder.
I want a private cell and a TV.
We'll talk to the warden.
He was in a bad mood one day.
Real depressed.
So we started talking and he told me that he murdered a little rich girl.
Did he mention her name, where it happened, when it happened? Who he was with? No.
He just said he messed up real bad a long time ago when he was using and that he strangled a young girl.
Strangled? That's what he said.
Says right here the cause of death was blunt force trauma.
Not strangulation.
M.
E.
s don't make mistakes? You asking me to exhume the body? Lam.
Will the parents consent? Not a chance in hell.
Section 4210 of the Health Code provides that the District Attorney can exhume a body in the course of a criminal investigation, if necessary.
An autopsy was conducted Yes.
But we have a witness who claims that Mr.
Zona, the primary suspect, confessed to strangling a young girl.
This is absurd, Your Honor.
There is no substantive evidence here.
We're talking about a vague statement of a man serving a life sentence for multiple murders.
To dig up Sara's corpse in furtherance of a whim is unconscionable.
The District Attorney has broad latitude in determining when disinterment is necessary to ascertain cause of death.
There has to be a substantial reason, or a compelling public necessity.
Sounds like a pretty substantial reason to me, Mr.
Goidell.
So you're just gonna let the police ruin my client's lives all over again? I understand the obvious pain this will cause, but I don't have a choice.
Was your daughter murdered, Your Honor? Excuse me? I'm just trying to clarify what you said about understanding my pain.
How the hell can you understand what my family's endured, unless you've been falsely accused of raping and killing your daughter? I apologize.
Poor word choice.
Nonetheless, my order stands.
The body may be exhumed.
I reviewed the original autopsy report, photos, and tissue slides.
There was so much edema and hemorrhage in the brain, he probably didn't even consider strangulation.
Especially since there was barely any external bruising and the hyoid bone was intact.
And you're sure that she was strangled even though there were no marks? Positive.
The petechial hemorrhaging in the brain plus that brown bruise equals strangulation.
It is good news.
We just need more.
McCoy wants a slam dunk.
And I want a beach house in Southampton.
Yeah, and I want to keep my damn job.
If this case falls apart at trial, !- And it ain't going to be me.
I promise.
Okay.
We'll keep nosing around.
Talk to Zona's family.
If he talked to a prison buddy, he probably talked to his mama.
Just follow the facts.
What does that mean? Look, I think I know what you're going through.
All I'm saying is, just follow the facts.
Johnny lost his way a few years after his father died.
Took it real tough.
Well, it's not easy when you lose a parent at such a young age.
Yeah, but you can't go on bitching about it for the rest of your life either.
Truth is, things would have been much better if my oldest son, Nick, would've found his father.
He's much smarter.
He's tougher.
When was the last time you saw Johnny? Years ago.
Before he went to prison.
Did he ever mention a girl named Sara Dolan? No.
But look, I apologize if Johnny's done something wrong.
But it's not my fault.
He's his own man.
And where can we find Nick, Johnny's brother? In Brooklyn.
Runs a sandwich shop called Café Zona.
You Nick? Who's asking? Johnny? What did he do? Killed a 12-year-old girl.
What? Sara Dolan.
Do you remember her? You think Johnny? We have fingerprints and DNA.
He did it.
So why you talking to me? We're just doing our job.
Double-checking a few things.
Hello? Yeah, hold on.
It's the Lieutenant.
I'll be right back.
What kind of food do you sell here? Italian mostly.
But clean, you know.
No heavy sauces.
Sort of Italian-Californian.
Californian? Very fancy.
Yeah.
And I've never been west of Jersey City.
So how are you doing? How's business? Well, not too bad, considering we can't sell booze.
That's where the action is.
My cousin Louie has a joint back in Chicago.
He told me that 68% of his business is liquor.
You see what I'm saying.
Absolutely.
So Johnny never mentioned this Sara Dolan thing? No.
We're not that close.
You're his brother.
His blood.
If you could see what he did to that kid.
Rape, sodomy.
Listen, Detective, I'm a businessman.
This Boy Scout do-the-right-thing crap doesn't really play for me.
It doesn't work for me, either.
So what do you say we start all over again? Zona's brother is willing to testify that he confessed to killing Sara Dolan? Yes, he is.
And you believe him? Yes, I do.
He seems like a decent guy.
Record? He did two months for an assault charge nine years ago.
Assault? I thought he was a decent guy.
He beat up some two-bit dealers who were trying to hustle him for his brother's debts.
And our other credible witness is serving a life sentence in Green Haven? It's not a slam dunk.
But it's solid.
Arrest him.
A ten-year-old case, no eyewitnesses and no physical evidence.
Other than that it's a great case.
It better be.
Because this office can't afford to look dumb twice.
I know.
The press is gonna crucify us regardless of what we do.
The price of doing business when you make a mistake.
The problem is, Jack, I didn't make the mistake.
What's your point? I don't like picking up the tab unless I've had a few bourbons myself.
I know it's an election year.
I'm not gonna take the fall for a 10-year-old debacle.
So if you indict this punk Zona, make sure you could win.
I'll do my best.
Not the right answer.
I understand the delicacy of your situation, Arthur, but I have an obligation with regard to Sara Dolan.
Noble sentiments, Jack.
But I don't think you're listening to me.
I'll win the case! See.
That wasn't so hard.
Is it true that the Dolan family asked you to refrain from prosecuting this case? I'm not going to discuss the contents of any private conversations.
As for prosecuting the case, I have an obligation with regard to Sara Dolan to do everything that I can to make sure the monster that killed this beautiful little girl spends the rest of his life in prison.
Do you think your decision to prosecute had anything to do with Mrs.
Dolan's death? I was not aware she had passed away.
She died early this morning.
I'm sorry to hear that.
It's pretty ironic that she died the day after you indicted Johnny Zona, don't you think? I'm not gonna comment on that.
Did you apologize to Rob Dolan for ruining his life? Thank you all for coming.
Motion to suppress Zona's jailhouse confession.
Based on what? The fact that Kenny Mohammed is a Muslim cleric.
You're kidding? That's what they're claiming anyway.
Is it credible? It's not preposterous.
I'll cancel my date.
You sure? He's kind of annoying anyway.
He is an ordained cleric.
From an internet ministry.
Send us $85 and you too can be a priest, a cleric, or a reverend.
Mr.
Mohammed is serving life sentence.
Attending Yale Divinity School was not an option.
Keep moving, Mr.
Heller.
The applicable legal test distills to a simple enquiry.
Was the relevant communication made in confidence and for the purpose of spiritual guidance? People v.
Carmona.
Let's call this what it is.
A prison girlfriend telling a prison boyfriend about a past crime.
I'm fairly certain, Your Honor, that's not what the courts had in mind when carving out this particular privilege.
Mr.
Zona confided in Mr.
Mohammed in an attempt to elicit guidance and absolution.
Their relationship was based on protection and homosexual sex.
All right, what facts do you have to support the claim that the confession was made in a religious or spiritual context? Mr.
Mohammed's affidavit speaks for itself, Your Honor.
"One day, Johnny came to me, looking for advice" "about how to cleanse his soul.
" "How to make sense of this terrible thing he'd done.
" "So I asked him what he was talking about and he said he strangled a little girl.
" Sounds like two friends or lovers, talking about the past.
It's a long road from a man in a confessional baring his soul to his priest.
Perhaps.
But the definition of "cleric" has expanded considerably over the years, Mr.
McCoy.
Not that much.
I disagree.
Motion granted.
You can't be serious? I beg your pardon.
So all you have to do is claim that a potentially incriminating witness is a "spiritual advisor" and he can't testify? Whether or not he knows the Koran from the Yellow Pages? Is that what you're saying? I'm saying Mohammed's testimony is not coming in.
Just got off the phone with Rob Dolan.
And? He called me a miserable cow.
Guess that means he won't be sitting in the gallery.
Don't think so.
If there still is atrial.
What do you mean? Maybe we should think about a plea? Because we lost a motion? Because it's not fair to drag this guy through hell again, then lose.
I agree.
Unfortunately, I can't worry about every father of every victim.
The man was wrongfully accused of murdering his own daughter.
You don't think we owe him a little something? Of course we do.
But pleading out the killer ain't it.
Neither is a not guilty verdict.
When did you talk to Arthur? An hour ago.
He told you to take a plea? He told me to talk to you, re-evaluate the evidence and do what's best for the office.
The office or Arthur? I don't want to get involved.
You already are.
So you might as well tell me what you really think? I just did.
As long as Zona does time, and admits to murdering Sara, I couldn't care less what he's charged with.
I'm not taking a plea, Arthur.
You can take me off the case, if you want to.
But I'm not cutting a deal with this guy for anything short of murder two.
Fine.
Go to trial.
But I know.
We were at my cousin's funeral and Johnny was a little drunk and he pulled me aside, said he wanted to talk about something.
So, we went outside, and we had a smoke, and uh, he told me all about this Sara Dolan thing.
What did he say? He said that he and some friend, were all screwed up on drugs and killed her.
Did he say who killed her? No.
No, he just said they.
Did he mention the rape? No.
Why did you wait 10 years to talk to the police? Well, he's my brother.
He still is.
Yeah, I know.
I just Look, the police already had all this evidence against him.
So I figured it was time to come clean.
But why now? I'm tired of living with the guilt ls that a question or an answer? Look, I'm not sure what the hell you guys want me to say here.
We want you to tell the truth.
What? You mean about the liquor license thing? Yeah, about the liquor license thing.
Okay.
That cop, uh, Fontana, told me if I came clean about Johnny, he'd get me a liquor license.
What the hell do you think you're doing, Detective? Excuse me? You promised Nick Zona a liquor license? And you didn't tell me about it? First of all, watch your tone.
It's a little over the top for my liking.
And as far as Nick Zona's concerned, I promised him nothing.
That's not what he thinks.
I don't control what he thinks.
What did you tell him? I told him that if he told the truth that I would help him out down the line.
I also specifically said "I can't make promises.
" You know I'm required to notify the defense with respect to any promises or inducements.
Hey, if I say, "It's not a promise" how the hell is it a promise? Was Detective Green present? He was on the phone.
Congratulations, Detective.
You just destroyed the credibility of our key witness.
Hey, don't lay this crap off on me.
I did my job and I did it well.
If you blow this case over some self-imagined, half-assed favor, that's your problem, pal, not mine.
If I disclose Fontana's arrangement, our key witness goes from being a moralistic brother to an opportunistic hustler in search of a liquor license.
Then keep your mouth shut and put your witness on the stand.
Arthur If Fontana said he didn't make a promise, he didn't make a promise.
Anything else? No.
Did your brother ever mention a girl named Sara Dolan to you? Yes.
What did he say? He told me that he killed her.
Could you be more specific? Yeah, it was after my cousin's funeral and, uh, we were at dinner.
He said he wanted to talk about something, so we went into this empty room and he told me he strangled a girl named Sara Dolan.
May we have a quick recess, Your Honor? The other day it was you and Johnny at the funeral, outside, smoking cigarettes and he said, "We killed Sara Dolan.
" Today, it's after the funeral, at dinner and he said, "I strangled Sara Dolan.
" I got confused.
Because you're lying? Lying? Did your brother confess to killing Sara Dolan or not? You think I'd be here selling him out if he didn't? I know why you're here, Mr.
Zona.
So spare me the self-righteous rhetoric.
It was 10 years ago.
All right, I don't remember if it happened at the funeral, after the funeral.
If we were smoking, drinking, doing the hula.
But this much I know.
He told me he killed someone.
Someone? Or Sara Dolan? Someone? Or Sara Dolan? Someone.
Okay? Someone.
He never said the name Sara Dolan? No.
I'd like to notify the court and defense counsel of statements made by prosecution witness, Nick Zona, in response to certain questions regarding his testimony this afternoon.
Nick is a bigger liar than I thought.
Mr.
Heller can obviously use this information for impeachment purposes.
I understand.
Sure you don't want to dismiss this case before it gets even more embarrassing? You can impeach him all you want, Mr.
Heller.
He still took the stand and called his brother a murderer.
What the hell happened in there today? Your witness lied on the stand.
Why? Because he said "After the funeral" and not "At the funeral"? You gotta be kidding me.
Did he ever tell the truth, Detective? Or did he just say what he thought you wanted to hear? Or what you told him to say? You calling me a liar, Mr.
McCoy? If it's bad news, keep walking.
Johnny Zona's mug shot from ten years ago.
Early 20s, acne, ponytail.
So? So, in his first interview after the murder, Dolan told Fontana's partner that he saw a strange guy near his brownstone, about 20 Bad acne and a ponytail.
But since Zona wasn't a suspect, it didn't mean a damn thing.
It still doesn't unless Dolan can pick him out of a photo array.
You don't think he can? I don't think he'll even try.
You looking for some homeowner's insurance, Mr.
McCoy? I'm looking for some help.
You came to the wrong agency, pal.
No help for sale here.
I'd like you to look at a photo array.
Why? To identify the man you saw outside your home the day Sara was killed.
If you could pick him out I told you.
I'm not getting involved in this.
All you'd have to do I said I'm not getting involved.
I can subpoena you.
Force you to make an ID on the stand.
And if I don't? What are you going to do, arrest me? Send me to jail? Ruin my life? If I were you, Mr.
Dolan, I'd hate the police too.
The D.
A.
's office, the press, me.
But I'd hate the man who killed my daughter, too.
If your wife were alive, do you think she'd allow you to keep your mouth shut and help the monster who killed your daughter walk free? Get the hell out.
Why would we even consider a plea? Because your client is guilty.
Just for kicks, what are we talking about? Man two, five-to-fifteen.
Not even in the right zip code, Jack.
Mr.
Dolan told Detective Salone that he saw a young man with acne and a ponytail near his home moments after the murder.
Johnny wasn't the only guy in the city with long hair and pimples 10 years ago.
But he was the only one on 67th Street that day.
According to the father, who hasn't even looked at a photo array.
Which means you asked, and he told you to go to hell.
I can subpoena him.
Come on, Jack.
Fathers do strange things on the stand when staring at the man who murdered their daughter.
A 10-year-old ID from a guy with a self-serving agenda? It means nothing.
Maybe.
On the other hand, maybe the jury will eat it up.
Accessory, two-to-six.
Three-to-nine.
If I like what I hear.
He can't use this at trial.
So just tell the truth.
First off, Mr.
McCoy, you need to know I was a lot different back then.
Using drugs, had lots of anger.
What happened, Mr.
Zona? Danny told me about some fancy house we could break into.
Said it would be the easiest score ever.
He even had a key.
So we go inside and there's a girl on the couch, reading.
And she got all scared.
But Danny was crazy on coke and meth and before you know what, he's having sex with her.
She starts screaming.
He punches her, slams her into a wall.
And I'm freaking out.
I mean, all I wanted was to steal some cash and get high.
What then? The girl was in lots of pain.
And almost unconscious.
So I go over to see how she's doing and she's lookin' at me with these eyes.
These big, sad eyes.
And I choked her.
I don't why.
But I did.
We need to talk.
Now.
Dolan just picked Zona out of an array.
What? He called me about an hour ago, he said he wanted to look at pictures.
He told me to meet him at some café on 20th Street.
Where is he? Conference room.
I come all the way down here, pick out the son of a bitch who killed Sara, and now you don't want me to testify? Is that what you're saying? I'm simply informing you that the defendant is willing to plead guilty to accessory.
How many years? Three-to-nine.
Three-to-nine? For killing my daughter? I know it's not perfect.
But at least people will finally know the truth about what happened.
That means nothing to me.
Maybe not today.
But down the road "Down the road.
" I stopped driving There's no "road" to drive down anymore.
I'd prefer to put Mr.
Zona in prison for the rest of his damn life.
But I'm not sure I can win.
Even with your cooperation.
Which means He walks.
And my so-called "friends" continue to assume I raped and murdered my daughter.
Trust me, I get it.
I owe it to Sara and Amy to at least try.
Is this the man you saw near your home on East 67th Street, June 8th, 1995, the day your daughter was killed? Yes.
Is this same man here today? Yes.
The man in the blue shirt.
Mr.
Dolan, were you a suspect in Sara's murder? Yes.
Did you kill her? Of course not.
I loved Sara more than anything in the world.
More than I could ever describe.
I'd never do anything to hurt her.
Never.
When that man strangled Sara, he murdered my daughter, my wife and me.
I may still be breathing, but I've been dead for 10 years, three weeks and four days.
Thank you.
Nothing further.
Are you sure this is the man you saw on 67th Street 10 years ago? Yes.
Really? After more than 10 years? Wow.
You must have a hell of a memory.
Do you remember seeing anyone else on 67th Street that day? I'm sure I did, but I don't remember.
Of course not.
It was 10 years ago.
How long did you make eye contact with the man with acne and a ponytail? I don't know.
A few seconds.
A few seconds? Yes.
A few seconds.
So what you're saying is, you really have no idea if the man you saw was Johnny Zona? Some things, some faces, you never forget.
You hired a lawyer within hours of your daughter's murder, correct? Yes.
And you refused to talk to the police? Objection.
Overruled.
Answer the question.
Yes.
You and your wife went on a vacation to Acapulco seven days after the murder? It wasn't a vacation.
We were just trying to get away from the press, the pain.
You mean the police.
You were trying to impede the investigation.
Since you were the prime suspect.
I was.
But that's not my fault.
Really? Whose is it? The lying, press hungry detectives in charge of the investigation.
And based on their investigation their intensive, exhaustive investigation, they determined that you were the primary suspect.
Not Mr.
Zona.
You.
Which means they believed you, not Mr.
Zona, murdered your daughter? Objection.
JUDGE SCHNELL: Sustained.
Be honest, Mr.
Dolan.
The only reason you're here today is so that you can blame someone else for the vicious rape and murder that you committed? Objection! Withdrawn.
Nothing further.
Yeah.
Already? Okay, thanks.
Hey, man, the jury just hooked Zona.
Murder two.
Ah, that's great.
What's wrong? Nothing.
I'm fine.
Oh, come on, bro.
You didn't have a deathbed confession 10 years ago.
I mean, sometimes you just catch a break.
You know what? You're right.
You're exactly right.
Ah, I'm gonna get out of here.
I'll see you tomorrow.
Thank you.
L wanted to say that I I'm really sorry.
These are their stories.
I'm standing at the bar, ordering a Red Bull and vodka, and there he was, 10 feet away.
You're kidding! You know, I hadn't seen him in five years.
So, what happened? I said hi, gave him a kiss on the cheek, and he called me a selfish whore.
Seriously? Some people just can't forgive.
Guess not.
Then again, you did screw his best friend.
Okay.
Keep your mouth shut and give me your cash.
Now.
I said now! Please don't shoot.
Go, go! Police! Freeze! Corner of 23rd and 10th! Name's Dan Flood.
Career punk.
Is he gonna live? They called the priest What about our guy, Herlihy? Looks like the Irish bastard's going to make it, thank God.
We were hoping you'd give us a statement before you bid us all farewell.
You know, let me make it easier.
Dan, did you shoot a cop tonight? And before that, you robbed two ladies on Eighth Avenue? Anything? That's it.
All right.
I killed Sara Dolan.
Excuse me? Me and Johnny.
We raped her, killed her.
What did you just say? Hail Mary, full of grace, the Lord is with thee You and Johnny raped and killed Sara Dolan? Is that what you just said? Holy Mary, Mother of God, pray for our souls Johnny who? And if you killed her, where is the body? Upstairs? Downstairs? In the basement? And how did you kill her? Did you punch her? Did you throw her up against the wall? It was 10 years ago Joe? Joe, you all right? I'm all right.
I just don't like punks like this lying about murders that they didn't commit.
I worked on the Sara Dolan case for two years.
This guy did not kill her.
Well, that's a strange thing to admit to, if you didn't do it.
Sara Dolan was a beautiful kid.
Just turned 12-years-old.
Couldn't go five minutes without reading about her.
Or her million-dollar modeling contract.
So, you still think the father did it? There was no forced entry.
He was the last person to see her alive and the first person to find her dead, with no real alibi.
And there was evidence of sexual abuse? No DNA.
But strong physical evidence.
So why no arrest? Well, according to the District Attorney's Office, there was no probable cause.
So you think Flood's deathbed admission is a lie? Absolutely.
Well, check it out anyway.
Run Flood's priors.
See if the name Johnny pops up anywhere.
Mr.
Flood.
I'm afraid we have some bad news.
What, Steinbrenner didn't accept my bid to buy the Yankees? Sir, it's about your son, Dan.
He was killed in a shoot-out with a New York City police officer.
Anything else? Uh, well, his body's at the Medical Examiner's Office on First Avenue, if you want to make arrangements.
What happens, you know, if I don't? Well, we'll bury him in Potter's Field.
Do I have to pay for that? No.
Then leave him where he is.
Putting him in a suit and tie ain't going to change nothing.
Did your son have a friend named Johnny? Johnny? Only kid I can think of is Johnny Zona.
They ran around together in high school.
This Johnny, a pretty good kid? Not if he hung around with Danny.
Anything else? Johnny Zona's rap sheet.
He's not exactly a Sunday School teacher.
Armed robbery, grand larceny, drug possession.
Look at that.
Did five years in Green Haven.
Beat up a 16-year-old girl.
Broke her nose and her jaw.
Real tough guy.
I'm calling his parole officer, see if I can get an address.
What's up, guys? Getting ready for the PBA golf outing? We're here to talk about Dan Flood.
Okay.
So you know him? Yeah.
What did he do? Now, why do you ask that? Same reason I would say two plus two is four.
Do you know someone named Sara Dolan? No.
I don't think so anyway.
That's not what your pal Flood says.
What are you talking about? He says you knew her.
Knew her? Actually, he said you raped her and killed her.
He can say I'm the King of England, doesn't mean it's true.
Well, if he says so on his deathbed, it does.
He died this morning.
People don't just offer up lies before they die, man.
That ain't how it works.
I agree.
So Flood was telling the truth? I didn't say that.
You have no idea why he'd say that you raped and killed this little kid? None.
On my mother.
He was pretty vivid in his description.
He said that you raped her and then you smashed her head in? And then he tried to stop you, but you were all whacked out on crack? What else did he say, that I killed John Lennon? Don't get smart.
Now, Flood's dead.
That puts you in the driver's seat, so whatever you say went down, that's what went down.
Now, if Flood was the one that killed and raped this little girl, and you were just along for the ride, maybe we could work something out.
Am I under arrest? No.
Call me when you have more and I'll consider re-opening the grand jury.
But keep this quiet.
We don't need the press calling us stupid just yet.
At least, until we know we really are stupid.
Or right.
So the father was the only real suspect? To me.
What did your partner, Salone, think? He liked him better than I did.
Talked about it until the day he died.
So why couldn't you all make a case? Like I said.
We had no probable cause.
Well, what did you have? A lot of little things.
Like what? The father finds her in the maid's room.
But rather than call the police, he cleans the body and he carries her into another room, where he lays her on the floor.
Not a couch, not a rug, the floor.
What kind of father lays his dead daughter on a cold floor? So, did you think he was trying to contaminate the crime scene? Not at first.
But when a fancy defense lawyer shows up 10 minutes later, I started doing the math.
That's how rich guys think.
Soon as something goes wrong, you immediately call a lawyer.
Not when you're innocent.
And not when it's your own daughter.
You got to see this.
When I stepped into the house I sensed something was wrong.
Don't know why.
I just did.
Iran down the hall, calling her name, opening door after door.
Then I went into the maid's room.
Turned on the light.
And there she was.
My daughter.
On the floor.
So? My daughter, her, she.
He never once said the name Sara.
Well, maybe he just couldn't bring himself to say it? Or maybe he just killed her.
Dan Flood's on the interview list.
The only thing that I can think of.
Dolan had his brownstone renovated two months before the murder.
We talked to all the construction guys, electricians, plumbers You're telling me that there's a chance that Flood actually worked in Dolan's house? Possible.
You remember a kid name of Danny Flood, worked for you maybe 10 years ago? I don't remember what I had for breakfast.
Stevey.
You know a kid named Flood? - Uh, Danny Flood? - Yeah, that's him.
Yeah.
Worked for us, like, three months.
What happened? I fired him for clipping a sawbuck off a client's coffee table.
You remember the client? Yeah.
Rob Dolan.
That rich stockbroker guy who killed his daughter, the model.
And you're sure about that? You're absolutely sure about that? Yeah.
But what I remember most though? The wife.
Beyond hot.
I mean ridiculous.
She was good-looking.
No doubt.
Yeah.
Allergic to bras, too.
She walked around in these tank tops all day.
All right.
Thanks, gents.
Yeah, sure.
So, maybe Flood took more than $10 off of that coffee table? Like a key? Well, that would explain why there was no forced entry.
I don't know.
Maybe, maybe.
Joe.
The dude admits to a murder like, He worked at the victim's house.
Not to mention he's got a rap sheet from here to Coney Island.
I mean So what are you saying? I'm just saying that you seem to be rooting against the facts.
I mean, if you want to get somebody else on this case.
Now, look, I've been wrong before, believe me.
So you're good? You can carry on? I have to do it.
I don't really have a choice.
I have to know.
It ain't exactly Mr.
Dolan? Yes.
I'm Detective Green.
This is my partner Detective Fontana.
I know.
We came to say that we have a new lead in Sara's case.
A new lead? What does that mean? We're investigating a man who we think may have been involved in her murder.
That's good timing.
It's only been what, a decade? Rob? Everything okay? Everything's fine, sweetie.
Really.
We just had some information that we wanted to share with you.
Credible information about Sara's case.
As a courtesy.
A courtesy? Is that a joke? I had to get a court order to bury my own damn daughter.
Courtesy? Here.
Here's my courtesy.
So, how did Dolan take the news? Not bad.
Be straight with me, guys.
Can we make a case out of this or not? Well, I think so.
Fontana? Definitely.
Okay, then.
Keep at it.
Why don't you talk to Zona's prison buddies, see if they know anything.
We lived in the same cell together but that don't mean we were friends.
What was the problem? I don't like punks who beat up girls.
We're not too crazy about them either.
Listen, did Zona ever talk about his past? You know, brag about any murders or anything? No.
He knew better than to play bad-ass with me.
I'd have kicked his head in.
Did he get roughed up a lot? Yeah.
Until he found some black dude to look after him.
To "look after him?" Exactly.
Became homeboy's personal Maytag.
If you know what I mean.
We get the point.
You remember homeboy's name? Did Johnny Zona ever mention the name Sara Dolan to you? No.
Did he say he ever killed anyone? Uh-uh.
You sure about that? Positive.
Look, Kenny.
You're not gonna get out of here until the day that you die.
There's no way around that.
So I'm proposing that you make the best out of this situation.
What do you suggest? That I hire a feng shui master? No, I'm suggesting that you work with us and we can hook you up with some extra privileges.
A better job, some more visitations.
Assuming that you can remember something that your boy Johnny said about a murder.
I want a private cell and a TV.
We'll talk to the warden.
He was in a bad mood one day.
Real depressed.
So we started talking and he told me that he murdered a little rich girl.
Did he mention her name, where it happened, when it happened? Who he was with? No.
He just said he messed up real bad a long time ago when he was using and that he strangled a young girl.
Strangled? That's what he said.
Says right here the cause of death was blunt force trauma.
Not strangulation.
M.
E.
s don't make mistakes? You asking me to exhume the body? Lam.
Will the parents consent? Not a chance in hell.
Section 4210 of the Health Code provides that the District Attorney can exhume a body in the course of a criminal investigation, if necessary.
An autopsy was conducted Yes.
But we have a witness who claims that Mr.
Zona, the primary suspect, confessed to strangling a young girl.
This is absurd, Your Honor.
There is no substantive evidence here.
We're talking about a vague statement of a man serving a life sentence for multiple murders.
To dig up Sara's corpse in furtherance of a whim is unconscionable.
The District Attorney has broad latitude in determining when disinterment is necessary to ascertain cause of death.
There has to be a substantial reason, or a compelling public necessity.
Sounds like a pretty substantial reason to me, Mr.
Goidell.
So you're just gonna let the police ruin my client's lives all over again? I understand the obvious pain this will cause, but I don't have a choice.
Was your daughter murdered, Your Honor? Excuse me? I'm just trying to clarify what you said about understanding my pain.
How the hell can you understand what my family's endured, unless you've been falsely accused of raping and killing your daughter? I apologize.
Poor word choice.
Nonetheless, my order stands.
The body may be exhumed.
I reviewed the original autopsy report, photos, and tissue slides.
There was so much edema and hemorrhage in the brain, he probably didn't even consider strangulation.
Especially since there was barely any external bruising and the hyoid bone was intact.
And you're sure that she was strangled even though there were no marks? Positive.
The petechial hemorrhaging in the brain plus that brown bruise equals strangulation.
It is good news.
We just need more.
McCoy wants a slam dunk.
And I want a beach house in Southampton.
Yeah, and I want to keep my damn job.
If this case falls apart at trial, !- And it ain't going to be me.
I promise.
Okay.
We'll keep nosing around.
Talk to Zona's family.
If he talked to a prison buddy, he probably talked to his mama.
Just follow the facts.
What does that mean? Look, I think I know what you're going through.
All I'm saying is, just follow the facts.
Johnny lost his way a few years after his father died.
Took it real tough.
Well, it's not easy when you lose a parent at such a young age.
Yeah, but you can't go on bitching about it for the rest of your life either.
Truth is, things would have been much better if my oldest son, Nick, would've found his father.
He's much smarter.
He's tougher.
When was the last time you saw Johnny? Years ago.
Before he went to prison.
Did he ever mention a girl named Sara Dolan? No.
But look, I apologize if Johnny's done something wrong.
But it's not my fault.
He's his own man.
And where can we find Nick, Johnny's brother? In Brooklyn.
Runs a sandwich shop called Café Zona.
You Nick? Who's asking? Johnny? What did he do? Killed a 12-year-old girl.
What? Sara Dolan.
Do you remember her? You think Johnny? We have fingerprints and DNA.
He did it.
So why you talking to me? We're just doing our job.
Double-checking a few things.
Hello? Yeah, hold on.
It's the Lieutenant.
I'll be right back.
What kind of food do you sell here? Italian mostly.
But clean, you know.
No heavy sauces.
Sort of Italian-Californian.
Californian? Very fancy.
Yeah.
And I've never been west of Jersey City.
So how are you doing? How's business? Well, not too bad, considering we can't sell booze.
That's where the action is.
My cousin Louie has a joint back in Chicago.
He told me that 68% of his business is liquor.
You see what I'm saying.
Absolutely.
So Johnny never mentioned this Sara Dolan thing? No.
We're not that close.
You're his brother.
His blood.
If you could see what he did to that kid.
Rape, sodomy.
Listen, Detective, I'm a businessman.
This Boy Scout do-the-right-thing crap doesn't really play for me.
It doesn't work for me, either.
So what do you say we start all over again? Zona's brother is willing to testify that he confessed to killing Sara Dolan? Yes, he is.
And you believe him? Yes, I do.
He seems like a decent guy.
Record? He did two months for an assault charge nine years ago.
Assault? I thought he was a decent guy.
He beat up some two-bit dealers who were trying to hustle him for his brother's debts.
And our other credible witness is serving a life sentence in Green Haven? It's not a slam dunk.
But it's solid.
Arrest him.
A ten-year-old case, no eyewitnesses and no physical evidence.
Other than that it's a great case.
It better be.
Because this office can't afford to look dumb twice.
I know.
The press is gonna crucify us regardless of what we do.
The price of doing business when you make a mistake.
The problem is, Jack, I didn't make the mistake.
What's your point? I don't like picking up the tab unless I've had a few bourbons myself.
I know it's an election year.
I'm not gonna take the fall for a 10-year-old debacle.
So if you indict this punk Zona, make sure you could win.
I'll do my best.
Not the right answer.
I understand the delicacy of your situation, Arthur, but I have an obligation with regard to Sara Dolan.
Noble sentiments, Jack.
But I don't think you're listening to me.
I'll win the case! See.
That wasn't so hard.
Is it true that the Dolan family asked you to refrain from prosecuting this case? I'm not going to discuss the contents of any private conversations.
As for prosecuting the case, I have an obligation with regard to Sara Dolan to do everything that I can to make sure the monster that killed this beautiful little girl spends the rest of his life in prison.
Do you think your decision to prosecute had anything to do with Mrs.
Dolan's death? I was not aware she had passed away.
She died early this morning.
I'm sorry to hear that.
It's pretty ironic that she died the day after you indicted Johnny Zona, don't you think? I'm not gonna comment on that.
Did you apologize to Rob Dolan for ruining his life? Thank you all for coming.
Motion to suppress Zona's jailhouse confession.
Based on what? The fact that Kenny Mohammed is a Muslim cleric.
You're kidding? That's what they're claiming anyway.
Is it credible? It's not preposterous.
I'll cancel my date.
You sure? He's kind of annoying anyway.
He is an ordained cleric.
From an internet ministry.
Send us $85 and you too can be a priest, a cleric, or a reverend.
Mr.
Mohammed is serving life sentence.
Attending Yale Divinity School was not an option.
Keep moving, Mr.
Heller.
The applicable legal test distills to a simple enquiry.
Was the relevant communication made in confidence and for the purpose of spiritual guidance? People v.
Carmona.
Let's call this what it is.
A prison girlfriend telling a prison boyfriend about a past crime.
I'm fairly certain, Your Honor, that's not what the courts had in mind when carving out this particular privilege.
Mr.
Zona confided in Mr.
Mohammed in an attempt to elicit guidance and absolution.
Their relationship was based on protection and homosexual sex.
All right, what facts do you have to support the claim that the confession was made in a religious or spiritual context? Mr.
Mohammed's affidavit speaks for itself, Your Honor.
"One day, Johnny came to me, looking for advice" "about how to cleanse his soul.
" "How to make sense of this terrible thing he'd done.
" "So I asked him what he was talking about and he said he strangled a little girl.
" Sounds like two friends or lovers, talking about the past.
It's a long road from a man in a confessional baring his soul to his priest.
Perhaps.
But the definition of "cleric" has expanded considerably over the years, Mr.
McCoy.
Not that much.
I disagree.
Motion granted.
You can't be serious? I beg your pardon.
So all you have to do is claim that a potentially incriminating witness is a "spiritual advisor" and he can't testify? Whether or not he knows the Koran from the Yellow Pages? Is that what you're saying? I'm saying Mohammed's testimony is not coming in.
Just got off the phone with Rob Dolan.
And? He called me a miserable cow.
Guess that means he won't be sitting in the gallery.
Don't think so.
If there still is atrial.
What do you mean? Maybe we should think about a plea? Because we lost a motion? Because it's not fair to drag this guy through hell again, then lose.
I agree.
Unfortunately, I can't worry about every father of every victim.
The man was wrongfully accused of murdering his own daughter.
You don't think we owe him a little something? Of course we do.
But pleading out the killer ain't it.
Neither is a not guilty verdict.
When did you talk to Arthur? An hour ago.
He told you to take a plea? He told me to talk to you, re-evaluate the evidence and do what's best for the office.
The office or Arthur? I don't want to get involved.
You already are.
So you might as well tell me what you really think? I just did.
As long as Zona does time, and admits to murdering Sara, I couldn't care less what he's charged with.
I'm not taking a plea, Arthur.
You can take me off the case, if you want to.
But I'm not cutting a deal with this guy for anything short of murder two.
Fine.
Go to trial.
But I know.
We were at my cousin's funeral and Johnny was a little drunk and he pulled me aside, said he wanted to talk about something.
So, we went outside, and we had a smoke, and uh, he told me all about this Sara Dolan thing.
What did he say? He said that he and some friend, were all screwed up on drugs and killed her.
Did he say who killed her? No.
No, he just said they.
Did he mention the rape? No.
Why did you wait 10 years to talk to the police? Well, he's my brother.
He still is.
Yeah, I know.
I just Look, the police already had all this evidence against him.
So I figured it was time to come clean.
But why now? I'm tired of living with the guilt ls that a question or an answer? Look, I'm not sure what the hell you guys want me to say here.
We want you to tell the truth.
What? You mean about the liquor license thing? Yeah, about the liquor license thing.
Okay.
That cop, uh, Fontana, told me if I came clean about Johnny, he'd get me a liquor license.
What the hell do you think you're doing, Detective? Excuse me? You promised Nick Zona a liquor license? And you didn't tell me about it? First of all, watch your tone.
It's a little over the top for my liking.
And as far as Nick Zona's concerned, I promised him nothing.
That's not what he thinks.
I don't control what he thinks.
What did you tell him? I told him that if he told the truth that I would help him out down the line.
I also specifically said "I can't make promises.
" You know I'm required to notify the defense with respect to any promises or inducements.
Hey, if I say, "It's not a promise" how the hell is it a promise? Was Detective Green present? He was on the phone.
Congratulations, Detective.
You just destroyed the credibility of our key witness.
Hey, don't lay this crap off on me.
I did my job and I did it well.
If you blow this case over some self-imagined, half-assed favor, that's your problem, pal, not mine.
If I disclose Fontana's arrangement, our key witness goes from being a moralistic brother to an opportunistic hustler in search of a liquor license.
Then keep your mouth shut and put your witness on the stand.
Arthur If Fontana said he didn't make a promise, he didn't make a promise.
Anything else? No.
Did your brother ever mention a girl named Sara Dolan to you? Yes.
What did he say? He told me that he killed her.
Could you be more specific? Yeah, it was after my cousin's funeral and, uh, we were at dinner.
He said he wanted to talk about something, so we went into this empty room and he told me he strangled a girl named Sara Dolan.
May we have a quick recess, Your Honor? The other day it was you and Johnny at the funeral, outside, smoking cigarettes and he said, "We killed Sara Dolan.
" Today, it's after the funeral, at dinner and he said, "I strangled Sara Dolan.
" I got confused.
Because you're lying? Lying? Did your brother confess to killing Sara Dolan or not? You think I'd be here selling him out if he didn't? I know why you're here, Mr.
Zona.
So spare me the self-righteous rhetoric.
It was 10 years ago.
All right, I don't remember if it happened at the funeral, after the funeral.
If we were smoking, drinking, doing the hula.
But this much I know.
He told me he killed someone.
Someone? Or Sara Dolan? Someone? Or Sara Dolan? Someone.
Okay? Someone.
He never said the name Sara Dolan? No.
I'd like to notify the court and defense counsel of statements made by prosecution witness, Nick Zona, in response to certain questions regarding his testimony this afternoon.
Nick is a bigger liar than I thought.
Mr.
Heller can obviously use this information for impeachment purposes.
I understand.
Sure you don't want to dismiss this case before it gets even more embarrassing? You can impeach him all you want, Mr.
Heller.
He still took the stand and called his brother a murderer.
What the hell happened in there today? Your witness lied on the stand.
Why? Because he said "After the funeral" and not "At the funeral"? You gotta be kidding me.
Did he ever tell the truth, Detective? Or did he just say what he thought you wanted to hear? Or what you told him to say? You calling me a liar, Mr.
McCoy? If it's bad news, keep walking.
Johnny Zona's mug shot from ten years ago.
Early 20s, acne, ponytail.
So? So, in his first interview after the murder, Dolan told Fontana's partner that he saw a strange guy near his brownstone, about 20 Bad acne and a ponytail.
But since Zona wasn't a suspect, it didn't mean a damn thing.
It still doesn't unless Dolan can pick him out of a photo array.
You don't think he can? I don't think he'll even try.
You looking for some homeowner's insurance, Mr.
McCoy? I'm looking for some help.
You came to the wrong agency, pal.
No help for sale here.
I'd like you to look at a photo array.
Why? To identify the man you saw outside your home the day Sara was killed.
If you could pick him out I told you.
I'm not getting involved in this.
All you'd have to do I said I'm not getting involved.
I can subpoena you.
Force you to make an ID on the stand.
And if I don't? What are you going to do, arrest me? Send me to jail? Ruin my life? If I were you, Mr.
Dolan, I'd hate the police too.
The D.
A.
's office, the press, me.
But I'd hate the man who killed my daughter, too.
If your wife were alive, do you think she'd allow you to keep your mouth shut and help the monster who killed your daughter walk free? Get the hell out.
Why would we even consider a plea? Because your client is guilty.
Just for kicks, what are we talking about? Man two, five-to-fifteen.
Not even in the right zip code, Jack.
Mr.
Dolan told Detective Salone that he saw a young man with acne and a ponytail near his home moments after the murder.
Johnny wasn't the only guy in the city with long hair and pimples 10 years ago.
But he was the only one on 67th Street that day.
According to the father, who hasn't even looked at a photo array.
Which means you asked, and he told you to go to hell.
I can subpoena him.
Come on, Jack.
Fathers do strange things on the stand when staring at the man who murdered their daughter.
A 10-year-old ID from a guy with a self-serving agenda? It means nothing.
Maybe.
On the other hand, maybe the jury will eat it up.
Accessory, two-to-six.
Three-to-nine.
If I like what I hear.
He can't use this at trial.
So just tell the truth.
First off, Mr.
McCoy, you need to know I was a lot different back then.
Using drugs, had lots of anger.
What happened, Mr.
Zona? Danny told me about some fancy house we could break into.
Said it would be the easiest score ever.
He even had a key.
So we go inside and there's a girl on the couch, reading.
And she got all scared.
But Danny was crazy on coke and meth and before you know what, he's having sex with her.
She starts screaming.
He punches her, slams her into a wall.
And I'm freaking out.
I mean, all I wanted was to steal some cash and get high.
What then? The girl was in lots of pain.
And almost unconscious.
So I go over to see how she's doing and she's lookin' at me with these eyes.
These big, sad eyes.
And I choked her.
I don't why.
But I did.
We need to talk.
Now.
Dolan just picked Zona out of an array.
What? He called me about an hour ago, he said he wanted to look at pictures.
He told me to meet him at some café on 20th Street.
Where is he? Conference room.
I come all the way down here, pick out the son of a bitch who killed Sara, and now you don't want me to testify? Is that what you're saying? I'm simply informing you that the defendant is willing to plead guilty to accessory.
How many years? Three-to-nine.
Three-to-nine? For killing my daughter? I know it's not perfect.
But at least people will finally know the truth about what happened.
That means nothing to me.
Maybe not today.
But down the road "Down the road.
" I stopped driving There's no "road" to drive down anymore.
I'd prefer to put Mr.
Zona in prison for the rest of his damn life.
But I'm not sure I can win.
Even with your cooperation.
Which means He walks.
And my so-called "friends" continue to assume I raped and murdered my daughter.
Trust me, I get it.
I owe it to Sara and Amy to at least try.
Is this the man you saw near your home on East 67th Street, June 8th, 1995, the day your daughter was killed? Yes.
Is this same man here today? Yes.
The man in the blue shirt.
Mr.
Dolan, were you a suspect in Sara's murder? Yes.
Did you kill her? Of course not.
I loved Sara more than anything in the world.
More than I could ever describe.
I'd never do anything to hurt her.
Never.
When that man strangled Sara, he murdered my daughter, my wife and me.
I may still be breathing, but I've been dead for 10 years, three weeks and four days.
Thank you.
Nothing further.
Are you sure this is the man you saw on 67th Street 10 years ago? Yes.
Really? After more than 10 years? Wow.
You must have a hell of a memory.
Do you remember seeing anyone else on 67th Street that day? I'm sure I did, but I don't remember.
Of course not.
It was 10 years ago.
How long did you make eye contact with the man with acne and a ponytail? I don't know.
A few seconds.
A few seconds? Yes.
A few seconds.
So what you're saying is, you really have no idea if the man you saw was Johnny Zona? Some things, some faces, you never forget.
You hired a lawyer within hours of your daughter's murder, correct? Yes.
And you refused to talk to the police? Objection.
Overruled.
Answer the question.
Yes.
You and your wife went on a vacation to Acapulco seven days after the murder? It wasn't a vacation.
We were just trying to get away from the press, the pain.
You mean the police.
You were trying to impede the investigation.
Since you were the prime suspect.
I was.
But that's not my fault.
Really? Whose is it? The lying, press hungry detectives in charge of the investigation.
And based on their investigation their intensive, exhaustive investigation, they determined that you were the primary suspect.
Not Mr.
Zona.
You.
Which means they believed you, not Mr.
Zona, murdered your daughter? Objection.
JUDGE SCHNELL: Sustained.
Be honest, Mr.
Dolan.
The only reason you're here today is so that you can blame someone else for the vicious rape and murder that you committed? Objection! Withdrawn.
Nothing further.
Yeah.
Already? Okay, thanks.
Hey, man, the jury just hooked Zona.
Murder two.
Ah, that's great.
What's wrong? Nothing.
I'm fine.
Oh, come on, bro.
You didn't have a deathbed confession 10 years ago.
I mean, sometimes you just catch a break.
You know what? You're right.
You're exactly right.
Ah, I'm gonna get out of here.
I'll see you tomorrow.
Thank you.
L wanted to say that I I'm really sorry.