Law & Order (1990) s16e09 Episode Script
Criminal Law
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.
Cream and two sugars.
Morning, Sylvia.
I'm telling you, sweetheart.
You're gonna have to lock up if you go in the back.
Half your merchandise is gonna grow feet.
Oh, baby, no.
DOA's name is Sylvia Rossi, 37.
Owns the bodega.
The guy who found her says he's a regular.
What time does Miss Rossi open for business? There ain't a whole lot of traffic coming through here at that time.
Two or three people at the most.
That time of the morning can't be much in the till either.
.
45 shell casings.
Yeah.
That's a lot of bang for 6:00 a.
m.
Woke a few people up.
Far as we can tell, no one felt compelled to look out the window.
Take a look around.
Maybe the gun got tossed.
Meanwhile, we'll canvass the area and see if we can't jog some memories.
What's up, Carlos? Take a look.
Two in the ten ring.
Dead before she hit the floor.
Body's still warm.
Third round? Crime Scene already dug it out of the wall.
You think the shooter left us some tape? I'm looking.
No such luck.
Took the tape not the money? Sylvia and me, we had a thing, you know.
We'd talk when I'd stop in.
She was a real good woman.
I'm sure she was.
Hey, did she ever mention any problems that she might be having? Personal or otherwise? I don't know.
This part of town, you get a lot of bums.
But, you know, she could take care of herself.
I can't believe she's dead.
Joe, you're gonna love this.
Double homicide in Chelsea.
They're giving it to us.
Three DOA's before 10:00 a.
m.
? And the Lou's meeting us there.
Thanks very much.
I hope she's signing overtime slips.
Surprised them at breakfast.
It looks like a blitz attack.
Is that forced entry? Yeah, through the back door.
Broke the glass to unlock the deadbolt.
Her husband was the closest.
He heard the glass break, went to check it out and got popped in the doorway.
No robbery.
No witnesses.
We recovered casings from a .
45.
- That's a popular gun.
- Yeah.
The victims, Michael and Sylvia Rossi.
Sylvia Rossi? Like your victim from across town.
Popular girl.
A neighbor in the back saw a white guy in the courtyard about 7 o'clock.
She couldn't do better than that? And she told me that she misplaced her glasses.
That she thought it was somebody reading the meter.
Any luck on the Sylvia Rossi name? Yeah.
We found five more listed in the city.
Eight in the Tri-State.
Units are on their way.
Let's hope that we get to them first.
Now we think the name's the only connection here? As far as we can tell.
Between this lady and the DOA at the bodega, they're from completely different walks of life.
There aren't many dots to connect.
Now, have we made notification on these two yet? Child Services picked the daughter at school, and Green is talking to her right now.
Yeah.
One P.
P.
My mom was still asleep.
I didn't even get to say good-bye.
Did you see your father? He was in the kitchen reading the paper, we didn't talk much, I, I was running late so it was more of a "have a good day," type of thing.
Did you see anybody on the street? No.
No, no wait, there was a guy at the corner.
I thought it was Mr.
Wurtzel so I was about to wave, but then I realized it wasn't him.
Can you describe the guy? He was white.
He wore a hat, I didn't see his face.
And he had work-clothes on.
You know, like a one piece Cover-ails? Like what a mechanic wears? Yeah.
But I didn't get a good look.
They were waiting for me, I had to hurry.
I'm sorry Nah, don't be.
That's really helpful, Rebecca.
Thank you.
Can we get some of her things from upstairs? Sure.
Okay.
We got another one.
I saw the alert you guys put out.
I figured I'd caught a bona fide whodunit.
Why's that? Well, there was no obvious indication of sexual assault.
Didn't touch the purse.
Don't get many like that, you know? You got a time of death? M.
E.
puts it about The attendant found her this morning when the lot started filling up.
The shell casings you found were .
45's, right? You got it.
CSU is done processing, it's all yours.
Thanks.
Yep.
Two rounds.
Center mass.
I'm beginning to sense a theme.
She must have been coming from work.
This address is around the corner.
She was a victims' advocate.
Now she's a victim.
We were here pretty late.
Someone called to say Sylvia's car had been broken into.
She said goodbye, grabbed her purse and ran out.
Did that person identify themselves? No.
What kind of cases was Sylvia working on? We deal with all kinds of victims here.
Domestic abuse, rape, assault.
She sort of specialized in the worst violent cases.
Had she received any threats? No, not recently.
I need to sit down, all right? But she did in the past receive threats? Sure.
Some guy beats his wife, we help her dump the jerk, he blames us.
But Sylvia was never intimidated.
She'd been a victim herself.
A victim how? Nine years ago there was a workplace shooting.
This guy killed his wife, her boss, some others.
Sylvia got hit.
She spent a month in the hospital.
That's how she got involved with us, I handled her case.
What happened to the guy? Death sentence.
Of course, New York doesn't do executions anymore.
If there ever was a guy who deserved the needle.
Is he still locked up? Last I heard.
Well, if you wouldn't mind, we'd like to look at her current cases? Sure, I'll get you the files.
So every other Sylvia Rossi is alive and accounted for.
Bought us some time.
Until he goes after someone else.
You don't think he's done? Do you? I don't think he's gonna stop 'til we stop him.
Well tell me something popped on number three.
There was nothing in her apartment.
We checked her case files.
All the people that she helped, got hurt by somebody who ain't even on the street anymore.
What about that thing that happened nine years ago? Since you mentioned it.
Corrections says that the guy is still incarcerated.
He's doing life without parole up at Lynwood.
All the witnesses.
We crosschecked their background information, their LUD's, we're not seeing another connection here.
So for all we know, this guy could have gotten the name out of the phone book.
Lieutenant, this is not some lunatic that's running around with a gun.
Ballistics says that it's a solid match all the way around.
No prints of value off the shells.
Most nut cases are not that detail-oriented.
So this guy lured number three out of the office with a phone call.
So he knew who she was, where she worked.
Well, yeah, he was doing his homework.
Same with the bodega murder.
And on number three, the call originated from the pay phone near the garage? Yeah.
CSU dusted the phone and the coins.
They're running the prints through AFIS.
If he's wiping down bullets, he's wiping down quarters, too.
Then hit the corner.
maybe someone saw something.
I run a business.
There's no time to sit and look out the window, you know? So Tuesday night at 10 o'clock this was a hopping joint then? A few customers.
But I have a supply delivery that day.
I have to restock.
You heard about the woman that got killed next door, didn't you? In the garage, yeah.
Tragic, but what do you expect? What does that mean? You know how many times I get robbed? I do my duty, I help the police, I stand up in court.
What does it matter? Mr.
Bakalis, if you have some information, and you don't share it with us, you're gonna go right to jail.
So now I'm the criminal? Maybe you forgot something.
You're operating a licensed premise.
Okay, maybe, maybe I see something, yeah.
You never get a white guy on the pay phone, you know? Only cell phone.
Except this guy, he was make a call.
Seemed strange to me.
All right, so you saw him on the phone, what else? I had my car parked out front.
It, uh I have a couple of unpaid tickets.
So I was afraid that maybe he was going to tow me.
Wait a minute.
He was driving a tow truck? Was he wearing coveralls, like a mechanic wears? Yeah, gray ones.
And a hat.
Did you see the name on the side of the truck? Was it NYPD? No.
No you guys.
It was the same company that towed me before.
Uh, Balasco Brothers.
Fellas, you know how many trucks I have in this fleet? Balasco has got 26 rigs on contract with the city alone.
C'mon, don't jerk us around, okay? You got a plate number, anything? No, but this guy would have been working Tuesday night into Wednesday morning.
He would have been in Chelsea at 7 o'clock.
Hendricks, Troy.
Rolled in about 08:30, said he had engine trouble.
Okay, get him in here now.
And don't mention it's us.
Hendricks, where the hell are you? Try it again.
Anybody out there seen Hendricks lately? Johnson, come back.
Negative, dispatch.
I ain't seen him since rollout.
M.
l.
A.
, sorry.
He'll turn up.
Okay, you keep trying and as soon as he gets in you call us immediately.
I'm gonna put out a Finest Message, see if we can get a patrol to look for the truck.
The truck was empty, Detective.
The suspect came out of the deli.
He spotted me and my partner.
We lost him on foot pursuit, I'm sorry.
The alert said spot the vehicle, do not approach, and call us.
Detective.
Warrant's here.
All right, go on.
Get outta here.
He left his bag.
Even more rounds.
A change of clothes.
There's no gun.
I bet he's still carrying it.
It's not in the truck.
All three Sylvia Rossis are on here.
Some other names.
You recognize the last one? Jack McCoy? This is his hit list.
What's wrong? We've got a situation, Jack.
You've got to come with us.
Tell me what's going on.
Troy Hendricks.
Who? Troy Hendricks.
He's already gunned down four people and he's gunning for you.
Wait a minute We've gotta go.
Come on.
We'll make sure the lady gets home okay.
Get in the car.
Rossi, Whitaker, Bowman.
You know who they are? Nine years ago, a man named Leland Barnes walked into his wife's office.
Killed her and three others.
These people survived the attack.
Testified against him.
So this is about killing witnesses.
But nine years after the fact? What's the point? The Appellate Court just recently overturned his case.
Barnes has a bail hearing tomorrow.
Tomorrow.
You're retrying it? Whatever case I have left.
Did you contact Bowman and Whitaker? We're still looking for Bowman.
But Whitaker's address was confirmed from that list.
We're calling, no one's picking up.
Fontana and Green? They're on their way.
What do we know about Hendricks? So far, he shot three women named Sylvia Rossi.
And I'm guessing he didn't know which one was your witness.
You pulled his sheet? Sheet? This guy's a stone cold killer, we can't find a single collar.
We need a face-to-face with Barnes.
He'll never sit for an interview.
Not with a new trial pending.
The order must've come from him.
I have no doubt.
I need to go home, make some calls.
Whoa, whoa, whoa, Counselor.
You're not going anywhere without security.
Your new detail.
Mr.
Whitaker! - There's police in the house.
- Clear.
Mr.
Whitaker! Mr.
Whitaker! Joe.
Joe.
Upstairs.
Detective, he's gone.
I'm guessing that was Whitaker and his wife, bastard was probably here an hour ago.
We better find Elaine Bowman pretty quick.
Hey, little pal.
It's okay.
We're police.
Come on.
There you go.
There you go.
It's a good thing this kid hid in the closet when he heard the screaming or he'd be dead, too.
The Lieutenant's coming.
She's gonna take over.
Did she get an address on Bowman? She got a last known.
The woman married three years ago.
Changed her name? Elaine Paschal.
As of this morning, we have six homicides.
Two of our three witnesses among them.
And you're on this list, too.
Where are the police on catching this guy? I spoke with the Chief of Detectives, they're putting together a task force.
Fontana and Green have identified the suspect, a man named Troy Hendricks.
What's the connection between Barnes and Hendricks? We checked visitor and phone records through Corrections.
There's no direct contact there.
However conspired, it came from Barnes.
It's the only reason my name is on the list.
You don't go anywhere without security.
Check into a hotel until they catch this Hendricks.
I've dealt with threats before.
No, not like this.
Don't antagonize the situation.
I'm not stepping aside.
I lived with that trial for two years, I know Barnes.
That's just my point.
I'm not at all sure you ought to stay on this case.
So we should just give him what he wants? What he wants is you dead.
Hell, you ought to be carrying a gun.
I'm not going to be intimidated, Arthur.
If he's coming for me, I'm going to go after him.
Your attorney was supposed to be here, Mr.
Barnes.
No attorney.
Not this time.
Just me.
You're going Pro se? I don't know what Jack here told you about me.
But I'm a damn good lawyer.
You weren't redeemable then, Mr.
Barnes.
And you still aren't.
Remember what you said about me? No conscience, no remorse.
Wife beater.
Dangerous individual.
Is that why you tried to execute me? A jury gave you the maximum penalty under the law.
Oh, no, it's on him.
He fought hard to put me under a death sentence.
So this is turnabout? Killing witnesses and threatening my life? I don't know anything about that.
What about Troy Hendricks? Never heard of him.
He murdered two people who testified against you at trial.
I don't know him.
Check the prison records if you don't believe me.
You wouldn't be that careless.
When we get a statement from Hendricks saying that you ordered those killings Why are we talking? He's not cooperating? You haven't caught him yet, have you? I'll put one deal on the table, for consideration at sentencing.
One chance to call Hendricks off before more people get hurt.
Don't insult me.
You have no idea what you put me through in here.
Nine years inside.
You won't walk out of prison by murdering witnesses.
It's a terrible feeling waiting to die.
Don't you think, Jack? Your Honor saw fit to remand the defendant during the first trial.
In light of the present situation Mr.
McCoy's accusations are baseless.
Two witnesses who testified against the Defendant have been murdered within the last 48 hours.
The District Attorney's office is going to great lengths to implicate me.
Mr.
McCoy, I can't remand the defendant based solely on your speculation.
In fact, Your Honor should consider the weakness of the People's entire case.
We've filed an application to include Rossi and Whitaker's prior testimony pursuant to CPL six-seven-ten.
It's inadmissible hearsay.
The defendant's previous counsel cross-examined both witnesses.
And the Appellate Court overturned my case due to previous counsel's ineffective assistance.
This negates the value of any prior testimony.
I wish you could give me more than vague allegations, Mr.
McCoy.
Mr.
Barnes has a compelling argument here.
In the alternate, we request a Sirois Hearing.
Okay, you prove the Defendant's misconduct, prior testimony can come in.
Mr.
Barnes, I'm remanding you to custody pending the hearing.
Any word? The police are issuing a statement to the press.
Hoping for tips on Hendricks? Jack, there are a lot of people working on this.
What about Elaine Bowman? Fontana and Green are still looking.
Jack.
Arthur gave you the out.
You could've handed this case off.
Would you let intimidation affect the way you prosecute a crime? I'm not talking about intimidation.
I'm talking about getting killed.
Doesn't make a difference.
It's about the law.
It doesn't work if we don't make it work.
Off the record? By all means.
Trying this case.
Frankly, even standing next to you lately scares the hell out of me.
Enough time? This guy's going to figure out away, police protection or not.
Okay.
Maybe.
That's not reassuring.
Honestly, I'm scared to death.
Don't tell Arthur.
But handing off this case doesn't take my name off the list.
I hope that'll convince Elaine Bowman.
It should.
Hi, can I help you? I'm Detective Green, this is my partner Detective Fontana.
Are you Elaine Paschal? Bowman.
I got divorced and I switched back.
What is this about? Nine years ago, you testified against a man named Leland Barnes? What do you want? Could we talk to you inside, ma'am? We have Elaine Bowman in protective custody.
She's in a hotel in Newark.
You know she'll deliver? She's the only one still alive.
What about the prior testimony of the other two? Barnes has made a compelling case for exclusion.
Circumstance should be enough to prove his misconduct.
Then it comes in.
And by chance it doesn't, and our Miss Bowman gets cold feet? We already floated a deal.
Barnes threw it in our face.
Better the terms.
You go low enough he'll bite.
He still has to do serious time.
I'm talking about keeping him in jail.
He'll still be decorating his cell when the Grand Jury indicts him for the murders of these witnesses.
Aren't we getting ahead of ourselves? We still can't connect Barnes to the killer.
And the police still haven't made an arrest.
All the more reason to work out a deal.
Timing and motive clearly illustrate the defendant's attempt to silence these witnesses.
The People can't meet their burden under Sirois without evidence that connects me to the suspect.
Direct evidence is not necessary here.
A reasonable inference can be drawn.
Only if the question of my involvement remains unknown.
And in this case, the People did investigate, and none was found.
Common sense says that the perpetrator could not have assembled this list of targets without the assistance of Mr.
Barnes.
These murders benefit only him.
Your Honor, I am not saying these murders don't help my case.
Lam saying I had nothing to do with them.
And Mr.
McCoy's speculation is not a substitute for real facts.
The prior testimony was on the rocks as it was, Mr.
McCoy, given the ineffective counsel.
I have no choice here, Counselor.
The law requires more.
Rossi and Whitaker's testimonies are out.
I'll leave the door open for another Sirois hearing as your case develops.
Your Honor, I have another matter to discuss with the court.
I'd like to interview Elaine Bowman.
Our witness is under no obligation to speak to the Defendant.
Your Honor, I cannot conduct a proper investigation from prison.
This unfairly undermines my defense.
Stand-by counsel can do the interview.
People v.
Henriquez, Your Honor.
The court cannot force a lawyer upon the defendant.
His role is strictly advisory, the job of interviewing is mine.
The defendant's only attempting to intimidate the witness.
We can meet on neutral ground.
We can use a conference room here in the courthouse.
What can I do here, Counselor? I'm not looking for another reversal.
Your Honor Watch yourself, Mr.
Barnes.
Mr.
McCoy, make sure your witness shows up.
Somebody out there is helping Barnes.
Man was right with a lot of people in here.
Did my appeal, got me up for parole next month.
I'm talking about six murders.
That's a helluva favor.
Nine years in Lynwood is plenty of time to make the right contacts.
You were his cellmate, you know who he talked to.
Barnes wasn't no Johnnie Cochran.
Nobody walked outta lockup.
Nobody owed him six bodies.
Did he ever mention a man named Troy Hendricks? No.
No one with that name ever came to Lynwood.
Not as a visitor or inmate.
Barnes would've used another inmate to communicate through.
Send letters, make phone calls.
We searched his cell.
No correspondence was found.
I saw Barnes reading letters, a bunch a times.
Tore 'em up when he was through.
I seen him do it.
Who were they from? Well, maybe his kid.
Barnes talked about him now and then.
There's two sons listed on his pedigree sheet.
Harlan and Robert.
Didn't mention a name.
Said his son.
And according to our records, neither son ever visited.
And all the correspondence listed incoming and outgoing, didn't have their names on it.
So who passed him the letters? I'll talk to the parole board, Mr.
Gilroy, if you cooperate.
After that it's three years before your next hearing.
Don't matter anyhow, man's dead now.
Anton Garfield.
What do you mean he's dead? He was found hanging in his cell two weeks ago.
That's right before Barnes moved down to Rikers.
So Barnes staged the suicide.
The dead guy was his contact.
Killed the messenger to cover his tracks.
Helps make a circumstantial case.
A convicted felon up for parole? Helps nothing.
Not on testimony alone.
You buy one of his sons as the shooter? They were kids when their father was convicted.
Nine years ago.
Harlan'd be 21 by now.
Robert, 25.
Call Van Buren.
Have Fontana and Green track them down.
I haven't talked to my father since he went to prison.
Where's your brother these days? I haven't seen Harlan in a few months.
Listen, where were you Tuesday night around 10:00? Uh Chelsea.
Gallery opening.
What about Wednesday morning? I pour coffee, first shift, 6:00 to 2:00.
Look, are you gonna tell me what this is about? Yeah, we're investigating a murder.
That has to do with my father? Harlan.
Harlan may have been involved.
That's odd.
We tell you that your brother may have killed someone and it doesn't seem to surprise you.
What if we tell you he may have killed six people? The thing on the news? Yeah.
Look, Harlan has problems.
Gets angry.
Doesn't come out of it.
Does he own any guns? I don't know, maybe.
Has he been in contact with your father? Last time I talked to him, he said He thought Dad might get out of prison.
I thought he was talking about the appeal, I didn't think that he Look, Robert, we need to find your brother.
The longer he's out there, the more people that he's gonna hurt.
He never stays in one place too long.
Is it possible that he's with Troy Hendricks? You know who that is? We got sent to live with the Hendricks.
Troy was their son.
When my mother got killed, and my father went upstate Your foster brother? Would've been.
Troy died a couple of years before Harlan and I showed up.
Harlan Barnes has been using Troy Hendricks's identity.
And we're sure this is our shooter? Green and Fontana showed photo arrays to his dispatcher.
We can put him in the area of two of the homicides.
Father and son.
Easy jump to conspiracy right there.
Except there's no evidence of any contact in the last nine years.
No letters, no calls, no visits.
Because Barnes has been smart enough to insulate himself.
Means we need Harlan to flip.
Means we need to catch him fast.
Elaine, we can't convict him without you.
And he could walk out of prison.
I should've done something then for Kelly.
That's Barnes's wife.
What do you mean? One time she came in with bruises on her neck and her arms.
She'd tried to cover them up.
There had been allegations of domestic abuse.
Yeah, she said it was her fault, that she'd provoked him.
She told me they were getting into counseling and I believed her.
Or I don't know, maybe I wanted to believe her.
Maybe it was easier than having her dump her life in my lap.
We never mentioned it again.
And then that day He had already shot up half the office.
He had the most terrible look on his face, you can't imagine.
I was lying on the floor, next to Kelly, and he walked up.
And she didn't say a single word.
It was like she expected it.
And then he pointed the gun at me, but nothing happened.
And the next time I saw him was in court.
You were lucky.
Yeah.
Lucky enough to go through this, right? We're looking for the shooter.
We're gonna catch him, okay? And what if you don't? Where am I going to hide then? You're scared, I understand.
But, Elaine, we're counting on you to do this.
I sat in the cubicle outside the VP's office.
Your wife sat next to me.
Where were you in relation to Sylvia Rossi and Leon Whitaker? Sylvia was across the room, at reception.
And, and Leon was in the office next to the stairs.
When the shooting started, he opened the door and that's when he got shot.
And you're aware they won't be testifying in this trial.
That has nothing to do with her testimony.
It's my interview, Mr.
McCoy.
I ask what I need to know.
You don't talk.
Try to intimidate the witness, Mr.
Barnes, the hole gets deeper.
Miss Bowman, when the shooting began, what did you do? I got down.
L, uh I pulled myself under my desk.
I could hear gunshots and screaming.
You were under your desk.
Yeah.
But you saw Leon Whitaker get shot? I barely saw it happen.
So you were under your desk.
You were terrified.
Did you shut your eyes? Yeah.
Did you keep them shut? The entire time.
The entire time you kept your eyes shut.
The entire time.
So you can't actually say I was the one killing those people.
This interview is over.
Miss Bowman.
Was I the one you saw? Look at me.
No, it wasn't you.
I'm taking this to the judge.
Say what.
I didn't intimidate her.
I didn't have to.
You'll get my Motion to Dismiss in the morning.
I don't care what I said before.
We don't have a case without your testimony.
I'm not going through this again.
I can't.
Then you'll be subpoenaed and put on the stand under oath.
I'll say exactly what I said today.
And be charged with perjury.
You can't keep Barnes in jail, so you're gonna stick me there instead? If it comes to that.
You people are unbelievable.
You expect me to do this alone.
Barnes won't let you off the hook because you walked away.
Maybe if he's out, he'll be a little more forgiving.
If he's out, no one is safe.
He's in prison, lam still not safe.
Neither were the others, that guy is still out there.
Elaine, let's go back to the office and talk about this.
No.
No, you can't protect me.
And I'm not gonna live in a hotel off the Jersey turnpike for the rest of my life.
I'm sorry.
Mr.
McCoy, we're gonna get you in the car, get you back to the hotel now.
Yep.
Copy that, King Five.
TARU's reporting some activity on the brother's phone.
I want Fontana and Green to pick him up.
TARU says your guy just got a 12 second phone call.
Voice on the other end gave him a number.
Was it a pay phone? That's right.
They say how long it'd take to get up on it? Too much time.
There he is now.
Hands where I can see them! Whoa.
Whoa.
It's cool.
Up against the wall! Was that your brother on the phone? I don't want any trouble.
Was that him? Look, he thinks you tapped my phone, he's calling me for money.
This is my father's fault.
I'm trying to get Harlan to turn himself in.
Where is he? I don't want him to get hurt.
He's my little brother, man.
Tell us where he is and he won't.
He's got a girlfriend lives in Greenpoint.
Police! Down on the ground! Get down.
Get down.
We've been looking for you, Harlan.
All right.
All right.
- We've been looking for you.
Down.
- Get off.
Get off me.
Just these two, Detectives.
Look at this, one very well used murder weapon.
All right.
Come on, Harlan.
Get up.
You're under arrest for murder.
Can we flip him on his father? This kid's a tough nut, but we're trying.
We have Barnes's dismissal hearing in an hour.
I'll let you know.
So what's it gonna be? This is all pretty cut and dry now.
You' re gonna get charged with six homicides.
And two more on conspiracy, including a District Attorney.
And on that one, they're gonna add attempted murder.
You're pretty well done.
Look, man, we know your father gave you these names.
I guess he was giving you a chance to prove how good of a son you really are.
But you failed, Harlan.
You missed two of the names that were on the list.
Are we right? There is no way you came up with these names by yourself.
Rossi, Whitaker, Bowman, Jack McCoy? How did you get the names? Newspaper.
They weren't in the newspaper.
And you weren't at your father's trial.
We know that nine years ago, they dumped you with the Hendricks.
I'm sure you remember this, it wasn't exactly a happy time in your life.
And we know he reached out to you, passed letters through another convict.
So what'd he say? He was a good guy? He was just misunderstood? I heard that it didn't take much for him to start beating the crap out of your mother.
How did he explain killing her? Said he had a good reason, didn't he? Harlan, what did he tell you? He say that she betrayed him? She was messing around with other men? Don't ever talk about my mother.
I'm not, I'm talking about your father who lied.
Your mother was actually a good person.
And then Dad blew her brains out.
What happened had to happen.
What the hell does that mean? You can't understand.
My father's a good man.
What you can't understand is you're gonna do good time for your father.
I can't believe that you're gonna take this whole rap by yourself.
They're throwing you under a bus.
Do you think that you're ever gonna hear from this son-of-a-bitch again? In the very near future, you're gonna be bending over and grabbing your ankles in Attica, wondering why you haven't heard from dear old Dad.
You think he really cares for you? You know what you are to him? You're a means to an end, and that's it.
Now, I know that you love your father.
And you think that your father loves you and he's really a good guy.
You know what he's thinking? He's thinking I deserve a better son.
Hey! Hey! Hey! Hey! Admit it.
He told you to kill those people.
Said that you could fix things.
And he's gonna walk out of prison and be your daddy again.
Isn't that what happened? Don't let him do this to you, kid.
You got a chance to help yourself out here.
You can't touch me.
Mr.
McCoy can't dispute the fact that Ms.
Bowman recanted.
We're only requesting a brief adjournment.
And I have to wait another nine years? You can't delay this hearing while he hopes for his witness to come around.
Mr.
Barnes has unlawfully manipulated his case.
If that's true, Your Honor, where is the evidence? Mr.
Barnes's son is in custody for these murders.
Common sense says Mr.
Barnes compelled his son to act on his behalf.
Your Honor, my son was a violent child nine years ago, I can only imagine the sort of adult he's become.
He's become a weapon the defendant used to silence two witnesses.
I have had no contact with either of my sons since the first day of my incarceration.
And Mr.
McCoy is callously exploiting the situation to keep me in prison.
Mr.
McCoy, you need more than motive here.
Tie Mr.
Barnes directly to the homicides and indict him.
We're working on the indictment.
Unfortunately, Mr.
McCoy, I can't delay this based on hope and speculation.
Your Honor, Mr.
Barnes shouldn't be able to use the law to break it.
Then give me something, Counselor.
You've got no probable cause and no evidence.
Now, if the People can't make a prima facia case Dismissing this case is nothing more than an endorsement of murder.
You're out of line, Counselor.
Don't you dare put this on me, Mr.
McCoy.
You don't have a case.
Mr.
Barnes, the District Attorney's claims give me great pause in doing what I am about to do.
That said, I see little choice in the matter.
Quite an accomplishment, Mr.
Barnes.
You now have the entire Manhattan DA's office out to nail you.
You've got nothing on me.
I'll have an indictment by the end of the week.
You should've been at the top of the list.
Oh, my God, he's got a gun! - Police, freeze! - Drop the gun! Do it! Hands in the air! Fontana and Green are on the way.
They want to get our statements.
Fine.
Jack, are you okay? Jack I thought he was aiming at me.
These are their stories.
Cream and two sugars.
Morning, Sylvia.
I'm telling you, sweetheart.
You're gonna have to lock up if you go in the back.
Half your merchandise is gonna grow feet.
Oh, baby, no.
DOA's name is Sylvia Rossi, 37.
Owns the bodega.
The guy who found her says he's a regular.
What time does Miss Rossi open for business? There ain't a whole lot of traffic coming through here at that time.
Two or three people at the most.
That time of the morning can't be much in the till either.
.
45 shell casings.
Yeah.
That's a lot of bang for 6:00 a.
m.
Woke a few people up.
Far as we can tell, no one felt compelled to look out the window.
Take a look around.
Maybe the gun got tossed.
Meanwhile, we'll canvass the area and see if we can't jog some memories.
What's up, Carlos? Take a look.
Two in the ten ring.
Dead before she hit the floor.
Body's still warm.
Third round? Crime Scene already dug it out of the wall.
You think the shooter left us some tape? I'm looking.
No such luck.
Took the tape not the money? Sylvia and me, we had a thing, you know.
We'd talk when I'd stop in.
She was a real good woman.
I'm sure she was.
Hey, did she ever mention any problems that she might be having? Personal or otherwise? I don't know.
This part of town, you get a lot of bums.
But, you know, she could take care of herself.
I can't believe she's dead.
Joe, you're gonna love this.
Double homicide in Chelsea.
They're giving it to us.
Three DOA's before 10:00 a.
m.
? And the Lou's meeting us there.
Thanks very much.
I hope she's signing overtime slips.
Surprised them at breakfast.
It looks like a blitz attack.
Is that forced entry? Yeah, through the back door.
Broke the glass to unlock the deadbolt.
Her husband was the closest.
He heard the glass break, went to check it out and got popped in the doorway.
No robbery.
No witnesses.
We recovered casings from a .
45.
- That's a popular gun.
- Yeah.
The victims, Michael and Sylvia Rossi.
Sylvia Rossi? Like your victim from across town.
Popular girl.
A neighbor in the back saw a white guy in the courtyard about 7 o'clock.
She couldn't do better than that? And she told me that she misplaced her glasses.
That she thought it was somebody reading the meter.
Any luck on the Sylvia Rossi name? Yeah.
We found five more listed in the city.
Eight in the Tri-State.
Units are on their way.
Let's hope that we get to them first.
Now we think the name's the only connection here? As far as we can tell.
Between this lady and the DOA at the bodega, they're from completely different walks of life.
There aren't many dots to connect.
Now, have we made notification on these two yet? Child Services picked the daughter at school, and Green is talking to her right now.
Yeah.
One P.
P.
My mom was still asleep.
I didn't even get to say good-bye.
Did you see your father? He was in the kitchen reading the paper, we didn't talk much, I, I was running late so it was more of a "have a good day," type of thing.
Did you see anybody on the street? No.
No, no wait, there was a guy at the corner.
I thought it was Mr.
Wurtzel so I was about to wave, but then I realized it wasn't him.
Can you describe the guy? He was white.
He wore a hat, I didn't see his face.
And he had work-clothes on.
You know, like a one piece Cover-ails? Like what a mechanic wears? Yeah.
But I didn't get a good look.
They were waiting for me, I had to hurry.
I'm sorry Nah, don't be.
That's really helpful, Rebecca.
Thank you.
Can we get some of her things from upstairs? Sure.
Okay.
We got another one.
I saw the alert you guys put out.
I figured I'd caught a bona fide whodunit.
Why's that? Well, there was no obvious indication of sexual assault.
Didn't touch the purse.
Don't get many like that, you know? You got a time of death? M.
E.
puts it about The attendant found her this morning when the lot started filling up.
The shell casings you found were .
45's, right? You got it.
CSU is done processing, it's all yours.
Thanks.
Yep.
Two rounds.
Center mass.
I'm beginning to sense a theme.
She must have been coming from work.
This address is around the corner.
She was a victims' advocate.
Now she's a victim.
We were here pretty late.
Someone called to say Sylvia's car had been broken into.
She said goodbye, grabbed her purse and ran out.
Did that person identify themselves? No.
What kind of cases was Sylvia working on? We deal with all kinds of victims here.
Domestic abuse, rape, assault.
She sort of specialized in the worst violent cases.
Had she received any threats? No, not recently.
I need to sit down, all right? But she did in the past receive threats? Sure.
Some guy beats his wife, we help her dump the jerk, he blames us.
But Sylvia was never intimidated.
She'd been a victim herself.
A victim how? Nine years ago there was a workplace shooting.
This guy killed his wife, her boss, some others.
Sylvia got hit.
She spent a month in the hospital.
That's how she got involved with us, I handled her case.
What happened to the guy? Death sentence.
Of course, New York doesn't do executions anymore.
If there ever was a guy who deserved the needle.
Is he still locked up? Last I heard.
Well, if you wouldn't mind, we'd like to look at her current cases? Sure, I'll get you the files.
So every other Sylvia Rossi is alive and accounted for.
Bought us some time.
Until he goes after someone else.
You don't think he's done? Do you? I don't think he's gonna stop 'til we stop him.
Well tell me something popped on number three.
There was nothing in her apartment.
We checked her case files.
All the people that she helped, got hurt by somebody who ain't even on the street anymore.
What about that thing that happened nine years ago? Since you mentioned it.
Corrections says that the guy is still incarcerated.
He's doing life without parole up at Lynwood.
All the witnesses.
We crosschecked their background information, their LUD's, we're not seeing another connection here.
So for all we know, this guy could have gotten the name out of the phone book.
Lieutenant, this is not some lunatic that's running around with a gun.
Ballistics says that it's a solid match all the way around.
No prints of value off the shells.
Most nut cases are not that detail-oriented.
So this guy lured number three out of the office with a phone call.
So he knew who she was, where she worked.
Well, yeah, he was doing his homework.
Same with the bodega murder.
And on number three, the call originated from the pay phone near the garage? Yeah.
CSU dusted the phone and the coins.
They're running the prints through AFIS.
If he's wiping down bullets, he's wiping down quarters, too.
Then hit the corner.
maybe someone saw something.
I run a business.
There's no time to sit and look out the window, you know? So Tuesday night at 10 o'clock this was a hopping joint then? A few customers.
But I have a supply delivery that day.
I have to restock.
You heard about the woman that got killed next door, didn't you? In the garage, yeah.
Tragic, but what do you expect? What does that mean? You know how many times I get robbed? I do my duty, I help the police, I stand up in court.
What does it matter? Mr.
Bakalis, if you have some information, and you don't share it with us, you're gonna go right to jail.
So now I'm the criminal? Maybe you forgot something.
You're operating a licensed premise.
Okay, maybe, maybe I see something, yeah.
You never get a white guy on the pay phone, you know? Only cell phone.
Except this guy, he was make a call.
Seemed strange to me.
All right, so you saw him on the phone, what else? I had my car parked out front.
It, uh I have a couple of unpaid tickets.
So I was afraid that maybe he was going to tow me.
Wait a minute.
He was driving a tow truck? Was he wearing coveralls, like a mechanic wears? Yeah, gray ones.
And a hat.
Did you see the name on the side of the truck? Was it NYPD? No.
No you guys.
It was the same company that towed me before.
Uh, Balasco Brothers.
Fellas, you know how many trucks I have in this fleet? Balasco has got 26 rigs on contract with the city alone.
C'mon, don't jerk us around, okay? You got a plate number, anything? No, but this guy would have been working Tuesday night into Wednesday morning.
He would have been in Chelsea at 7 o'clock.
Hendricks, Troy.
Rolled in about 08:30, said he had engine trouble.
Okay, get him in here now.
And don't mention it's us.
Hendricks, where the hell are you? Try it again.
Anybody out there seen Hendricks lately? Johnson, come back.
Negative, dispatch.
I ain't seen him since rollout.
M.
l.
A.
, sorry.
He'll turn up.
Okay, you keep trying and as soon as he gets in you call us immediately.
I'm gonna put out a Finest Message, see if we can get a patrol to look for the truck.
The truck was empty, Detective.
The suspect came out of the deli.
He spotted me and my partner.
We lost him on foot pursuit, I'm sorry.
The alert said spot the vehicle, do not approach, and call us.
Detective.
Warrant's here.
All right, go on.
Get outta here.
He left his bag.
Even more rounds.
A change of clothes.
There's no gun.
I bet he's still carrying it.
It's not in the truck.
All three Sylvia Rossis are on here.
Some other names.
You recognize the last one? Jack McCoy? This is his hit list.
What's wrong? We've got a situation, Jack.
You've got to come with us.
Tell me what's going on.
Troy Hendricks.
Who? Troy Hendricks.
He's already gunned down four people and he's gunning for you.
Wait a minute We've gotta go.
Come on.
We'll make sure the lady gets home okay.
Get in the car.
Rossi, Whitaker, Bowman.
You know who they are? Nine years ago, a man named Leland Barnes walked into his wife's office.
Killed her and three others.
These people survived the attack.
Testified against him.
So this is about killing witnesses.
But nine years after the fact? What's the point? The Appellate Court just recently overturned his case.
Barnes has a bail hearing tomorrow.
Tomorrow.
You're retrying it? Whatever case I have left.
Did you contact Bowman and Whitaker? We're still looking for Bowman.
But Whitaker's address was confirmed from that list.
We're calling, no one's picking up.
Fontana and Green? They're on their way.
What do we know about Hendricks? So far, he shot three women named Sylvia Rossi.
And I'm guessing he didn't know which one was your witness.
You pulled his sheet? Sheet? This guy's a stone cold killer, we can't find a single collar.
We need a face-to-face with Barnes.
He'll never sit for an interview.
Not with a new trial pending.
The order must've come from him.
I have no doubt.
I need to go home, make some calls.
Whoa, whoa, whoa, Counselor.
You're not going anywhere without security.
Your new detail.
Mr.
Whitaker! - There's police in the house.
- Clear.
Mr.
Whitaker! Mr.
Whitaker! Joe.
Joe.
Upstairs.
Detective, he's gone.
I'm guessing that was Whitaker and his wife, bastard was probably here an hour ago.
We better find Elaine Bowman pretty quick.
Hey, little pal.
It's okay.
We're police.
Come on.
There you go.
There you go.
It's a good thing this kid hid in the closet when he heard the screaming or he'd be dead, too.
The Lieutenant's coming.
She's gonna take over.
Did she get an address on Bowman? She got a last known.
The woman married three years ago.
Changed her name? Elaine Paschal.
As of this morning, we have six homicides.
Two of our three witnesses among them.
And you're on this list, too.
Where are the police on catching this guy? I spoke with the Chief of Detectives, they're putting together a task force.
Fontana and Green have identified the suspect, a man named Troy Hendricks.
What's the connection between Barnes and Hendricks? We checked visitor and phone records through Corrections.
There's no direct contact there.
However conspired, it came from Barnes.
It's the only reason my name is on the list.
You don't go anywhere without security.
Check into a hotel until they catch this Hendricks.
I've dealt with threats before.
No, not like this.
Don't antagonize the situation.
I'm not stepping aside.
I lived with that trial for two years, I know Barnes.
That's just my point.
I'm not at all sure you ought to stay on this case.
So we should just give him what he wants? What he wants is you dead.
Hell, you ought to be carrying a gun.
I'm not going to be intimidated, Arthur.
If he's coming for me, I'm going to go after him.
Your attorney was supposed to be here, Mr.
Barnes.
No attorney.
Not this time.
Just me.
You're going Pro se? I don't know what Jack here told you about me.
But I'm a damn good lawyer.
You weren't redeemable then, Mr.
Barnes.
And you still aren't.
Remember what you said about me? No conscience, no remorse.
Wife beater.
Dangerous individual.
Is that why you tried to execute me? A jury gave you the maximum penalty under the law.
Oh, no, it's on him.
He fought hard to put me under a death sentence.
So this is turnabout? Killing witnesses and threatening my life? I don't know anything about that.
What about Troy Hendricks? Never heard of him.
He murdered two people who testified against you at trial.
I don't know him.
Check the prison records if you don't believe me.
You wouldn't be that careless.
When we get a statement from Hendricks saying that you ordered those killings Why are we talking? He's not cooperating? You haven't caught him yet, have you? I'll put one deal on the table, for consideration at sentencing.
One chance to call Hendricks off before more people get hurt.
Don't insult me.
You have no idea what you put me through in here.
Nine years inside.
You won't walk out of prison by murdering witnesses.
It's a terrible feeling waiting to die.
Don't you think, Jack? Your Honor saw fit to remand the defendant during the first trial.
In light of the present situation Mr.
McCoy's accusations are baseless.
Two witnesses who testified against the Defendant have been murdered within the last 48 hours.
The District Attorney's office is going to great lengths to implicate me.
Mr.
McCoy, I can't remand the defendant based solely on your speculation.
In fact, Your Honor should consider the weakness of the People's entire case.
We've filed an application to include Rossi and Whitaker's prior testimony pursuant to CPL six-seven-ten.
It's inadmissible hearsay.
The defendant's previous counsel cross-examined both witnesses.
And the Appellate Court overturned my case due to previous counsel's ineffective assistance.
This negates the value of any prior testimony.
I wish you could give me more than vague allegations, Mr.
McCoy.
Mr.
Barnes has a compelling argument here.
In the alternate, we request a Sirois Hearing.
Okay, you prove the Defendant's misconduct, prior testimony can come in.
Mr.
Barnes, I'm remanding you to custody pending the hearing.
Any word? The police are issuing a statement to the press.
Hoping for tips on Hendricks? Jack, there are a lot of people working on this.
What about Elaine Bowman? Fontana and Green are still looking.
Jack.
Arthur gave you the out.
You could've handed this case off.
Would you let intimidation affect the way you prosecute a crime? I'm not talking about intimidation.
I'm talking about getting killed.
Doesn't make a difference.
It's about the law.
It doesn't work if we don't make it work.
Off the record? By all means.
Trying this case.
Frankly, even standing next to you lately scares the hell out of me.
Enough time? This guy's going to figure out away, police protection or not.
Okay.
Maybe.
That's not reassuring.
Honestly, I'm scared to death.
Don't tell Arthur.
But handing off this case doesn't take my name off the list.
I hope that'll convince Elaine Bowman.
It should.
Hi, can I help you? I'm Detective Green, this is my partner Detective Fontana.
Are you Elaine Paschal? Bowman.
I got divorced and I switched back.
What is this about? Nine years ago, you testified against a man named Leland Barnes? What do you want? Could we talk to you inside, ma'am? We have Elaine Bowman in protective custody.
She's in a hotel in Newark.
You know she'll deliver? She's the only one still alive.
What about the prior testimony of the other two? Barnes has made a compelling case for exclusion.
Circumstance should be enough to prove his misconduct.
Then it comes in.
And by chance it doesn't, and our Miss Bowman gets cold feet? We already floated a deal.
Barnes threw it in our face.
Better the terms.
You go low enough he'll bite.
He still has to do serious time.
I'm talking about keeping him in jail.
He'll still be decorating his cell when the Grand Jury indicts him for the murders of these witnesses.
Aren't we getting ahead of ourselves? We still can't connect Barnes to the killer.
And the police still haven't made an arrest.
All the more reason to work out a deal.
Timing and motive clearly illustrate the defendant's attempt to silence these witnesses.
The People can't meet their burden under Sirois without evidence that connects me to the suspect.
Direct evidence is not necessary here.
A reasonable inference can be drawn.
Only if the question of my involvement remains unknown.
And in this case, the People did investigate, and none was found.
Common sense says that the perpetrator could not have assembled this list of targets without the assistance of Mr.
Barnes.
These murders benefit only him.
Your Honor, I am not saying these murders don't help my case.
Lam saying I had nothing to do with them.
And Mr.
McCoy's speculation is not a substitute for real facts.
The prior testimony was on the rocks as it was, Mr.
McCoy, given the ineffective counsel.
I have no choice here, Counselor.
The law requires more.
Rossi and Whitaker's testimonies are out.
I'll leave the door open for another Sirois hearing as your case develops.
Your Honor, I have another matter to discuss with the court.
I'd like to interview Elaine Bowman.
Our witness is under no obligation to speak to the Defendant.
Your Honor, I cannot conduct a proper investigation from prison.
This unfairly undermines my defense.
Stand-by counsel can do the interview.
People v.
Henriquez, Your Honor.
The court cannot force a lawyer upon the defendant.
His role is strictly advisory, the job of interviewing is mine.
The defendant's only attempting to intimidate the witness.
We can meet on neutral ground.
We can use a conference room here in the courthouse.
What can I do here, Counselor? I'm not looking for another reversal.
Your Honor Watch yourself, Mr.
Barnes.
Mr.
McCoy, make sure your witness shows up.
Somebody out there is helping Barnes.
Man was right with a lot of people in here.
Did my appeal, got me up for parole next month.
I'm talking about six murders.
That's a helluva favor.
Nine years in Lynwood is plenty of time to make the right contacts.
You were his cellmate, you know who he talked to.
Barnes wasn't no Johnnie Cochran.
Nobody walked outta lockup.
Nobody owed him six bodies.
Did he ever mention a man named Troy Hendricks? No.
No one with that name ever came to Lynwood.
Not as a visitor or inmate.
Barnes would've used another inmate to communicate through.
Send letters, make phone calls.
We searched his cell.
No correspondence was found.
I saw Barnes reading letters, a bunch a times.
Tore 'em up when he was through.
I seen him do it.
Who were they from? Well, maybe his kid.
Barnes talked about him now and then.
There's two sons listed on his pedigree sheet.
Harlan and Robert.
Didn't mention a name.
Said his son.
And according to our records, neither son ever visited.
And all the correspondence listed incoming and outgoing, didn't have their names on it.
So who passed him the letters? I'll talk to the parole board, Mr.
Gilroy, if you cooperate.
After that it's three years before your next hearing.
Don't matter anyhow, man's dead now.
Anton Garfield.
What do you mean he's dead? He was found hanging in his cell two weeks ago.
That's right before Barnes moved down to Rikers.
So Barnes staged the suicide.
The dead guy was his contact.
Killed the messenger to cover his tracks.
Helps make a circumstantial case.
A convicted felon up for parole? Helps nothing.
Not on testimony alone.
You buy one of his sons as the shooter? They were kids when their father was convicted.
Nine years ago.
Harlan'd be 21 by now.
Robert, 25.
Call Van Buren.
Have Fontana and Green track them down.
I haven't talked to my father since he went to prison.
Where's your brother these days? I haven't seen Harlan in a few months.
Listen, where were you Tuesday night around 10:00? Uh Chelsea.
Gallery opening.
What about Wednesday morning? I pour coffee, first shift, 6:00 to 2:00.
Look, are you gonna tell me what this is about? Yeah, we're investigating a murder.
That has to do with my father? Harlan.
Harlan may have been involved.
That's odd.
We tell you that your brother may have killed someone and it doesn't seem to surprise you.
What if we tell you he may have killed six people? The thing on the news? Yeah.
Look, Harlan has problems.
Gets angry.
Doesn't come out of it.
Does he own any guns? I don't know, maybe.
Has he been in contact with your father? Last time I talked to him, he said He thought Dad might get out of prison.
I thought he was talking about the appeal, I didn't think that he Look, Robert, we need to find your brother.
The longer he's out there, the more people that he's gonna hurt.
He never stays in one place too long.
Is it possible that he's with Troy Hendricks? You know who that is? We got sent to live with the Hendricks.
Troy was their son.
When my mother got killed, and my father went upstate Your foster brother? Would've been.
Troy died a couple of years before Harlan and I showed up.
Harlan Barnes has been using Troy Hendricks's identity.
And we're sure this is our shooter? Green and Fontana showed photo arrays to his dispatcher.
We can put him in the area of two of the homicides.
Father and son.
Easy jump to conspiracy right there.
Except there's no evidence of any contact in the last nine years.
No letters, no calls, no visits.
Because Barnes has been smart enough to insulate himself.
Means we need Harlan to flip.
Means we need to catch him fast.
Elaine, we can't convict him without you.
And he could walk out of prison.
I should've done something then for Kelly.
That's Barnes's wife.
What do you mean? One time she came in with bruises on her neck and her arms.
She'd tried to cover them up.
There had been allegations of domestic abuse.
Yeah, she said it was her fault, that she'd provoked him.
She told me they were getting into counseling and I believed her.
Or I don't know, maybe I wanted to believe her.
Maybe it was easier than having her dump her life in my lap.
We never mentioned it again.
And then that day He had already shot up half the office.
He had the most terrible look on his face, you can't imagine.
I was lying on the floor, next to Kelly, and he walked up.
And she didn't say a single word.
It was like she expected it.
And then he pointed the gun at me, but nothing happened.
And the next time I saw him was in court.
You were lucky.
Yeah.
Lucky enough to go through this, right? We're looking for the shooter.
We're gonna catch him, okay? And what if you don't? Where am I going to hide then? You're scared, I understand.
But, Elaine, we're counting on you to do this.
I sat in the cubicle outside the VP's office.
Your wife sat next to me.
Where were you in relation to Sylvia Rossi and Leon Whitaker? Sylvia was across the room, at reception.
And, and Leon was in the office next to the stairs.
When the shooting started, he opened the door and that's when he got shot.
And you're aware they won't be testifying in this trial.
That has nothing to do with her testimony.
It's my interview, Mr.
McCoy.
I ask what I need to know.
You don't talk.
Try to intimidate the witness, Mr.
Barnes, the hole gets deeper.
Miss Bowman, when the shooting began, what did you do? I got down.
L, uh I pulled myself under my desk.
I could hear gunshots and screaming.
You were under your desk.
Yeah.
But you saw Leon Whitaker get shot? I barely saw it happen.
So you were under your desk.
You were terrified.
Did you shut your eyes? Yeah.
Did you keep them shut? The entire time.
The entire time you kept your eyes shut.
The entire time.
So you can't actually say I was the one killing those people.
This interview is over.
Miss Bowman.
Was I the one you saw? Look at me.
No, it wasn't you.
I'm taking this to the judge.
Say what.
I didn't intimidate her.
I didn't have to.
You'll get my Motion to Dismiss in the morning.
I don't care what I said before.
We don't have a case without your testimony.
I'm not going through this again.
I can't.
Then you'll be subpoenaed and put on the stand under oath.
I'll say exactly what I said today.
And be charged with perjury.
You can't keep Barnes in jail, so you're gonna stick me there instead? If it comes to that.
You people are unbelievable.
You expect me to do this alone.
Barnes won't let you off the hook because you walked away.
Maybe if he's out, he'll be a little more forgiving.
If he's out, no one is safe.
He's in prison, lam still not safe.
Neither were the others, that guy is still out there.
Elaine, let's go back to the office and talk about this.
No.
No, you can't protect me.
And I'm not gonna live in a hotel off the Jersey turnpike for the rest of my life.
I'm sorry.
Mr.
McCoy, we're gonna get you in the car, get you back to the hotel now.
Yep.
Copy that, King Five.
TARU's reporting some activity on the brother's phone.
I want Fontana and Green to pick him up.
TARU says your guy just got a 12 second phone call.
Voice on the other end gave him a number.
Was it a pay phone? That's right.
They say how long it'd take to get up on it? Too much time.
There he is now.
Hands where I can see them! Whoa.
Whoa.
It's cool.
Up against the wall! Was that your brother on the phone? I don't want any trouble.
Was that him? Look, he thinks you tapped my phone, he's calling me for money.
This is my father's fault.
I'm trying to get Harlan to turn himself in.
Where is he? I don't want him to get hurt.
He's my little brother, man.
Tell us where he is and he won't.
He's got a girlfriend lives in Greenpoint.
Police! Down on the ground! Get down.
Get down.
We've been looking for you, Harlan.
All right.
All right.
- We've been looking for you.
Down.
- Get off.
Get off me.
Just these two, Detectives.
Look at this, one very well used murder weapon.
All right.
Come on, Harlan.
Get up.
You're under arrest for murder.
Can we flip him on his father? This kid's a tough nut, but we're trying.
We have Barnes's dismissal hearing in an hour.
I'll let you know.
So what's it gonna be? This is all pretty cut and dry now.
You' re gonna get charged with six homicides.
And two more on conspiracy, including a District Attorney.
And on that one, they're gonna add attempted murder.
You're pretty well done.
Look, man, we know your father gave you these names.
I guess he was giving you a chance to prove how good of a son you really are.
But you failed, Harlan.
You missed two of the names that were on the list.
Are we right? There is no way you came up with these names by yourself.
Rossi, Whitaker, Bowman, Jack McCoy? How did you get the names? Newspaper.
They weren't in the newspaper.
And you weren't at your father's trial.
We know that nine years ago, they dumped you with the Hendricks.
I'm sure you remember this, it wasn't exactly a happy time in your life.
And we know he reached out to you, passed letters through another convict.
So what'd he say? He was a good guy? He was just misunderstood? I heard that it didn't take much for him to start beating the crap out of your mother.
How did he explain killing her? Said he had a good reason, didn't he? Harlan, what did he tell you? He say that she betrayed him? She was messing around with other men? Don't ever talk about my mother.
I'm not, I'm talking about your father who lied.
Your mother was actually a good person.
And then Dad blew her brains out.
What happened had to happen.
What the hell does that mean? You can't understand.
My father's a good man.
What you can't understand is you're gonna do good time for your father.
I can't believe that you're gonna take this whole rap by yourself.
They're throwing you under a bus.
Do you think that you're ever gonna hear from this son-of-a-bitch again? In the very near future, you're gonna be bending over and grabbing your ankles in Attica, wondering why you haven't heard from dear old Dad.
You think he really cares for you? You know what you are to him? You're a means to an end, and that's it.
Now, I know that you love your father.
And you think that your father loves you and he's really a good guy.
You know what he's thinking? He's thinking I deserve a better son.
Hey! Hey! Hey! Hey! Admit it.
He told you to kill those people.
Said that you could fix things.
And he's gonna walk out of prison and be your daddy again.
Isn't that what happened? Don't let him do this to you, kid.
You got a chance to help yourself out here.
You can't touch me.
Mr.
McCoy can't dispute the fact that Ms.
Bowman recanted.
We're only requesting a brief adjournment.
And I have to wait another nine years? You can't delay this hearing while he hopes for his witness to come around.
Mr.
Barnes has unlawfully manipulated his case.
If that's true, Your Honor, where is the evidence? Mr.
Barnes's son is in custody for these murders.
Common sense says Mr.
Barnes compelled his son to act on his behalf.
Your Honor, my son was a violent child nine years ago, I can only imagine the sort of adult he's become.
He's become a weapon the defendant used to silence two witnesses.
I have had no contact with either of my sons since the first day of my incarceration.
And Mr.
McCoy is callously exploiting the situation to keep me in prison.
Mr.
McCoy, you need more than motive here.
Tie Mr.
Barnes directly to the homicides and indict him.
We're working on the indictment.
Unfortunately, Mr.
McCoy, I can't delay this based on hope and speculation.
Your Honor, Mr.
Barnes shouldn't be able to use the law to break it.
Then give me something, Counselor.
You've got no probable cause and no evidence.
Now, if the People can't make a prima facia case Dismissing this case is nothing more than an endorsement of murder.
You're out of line, Counselor.
Don't you dare put this on me, Mr.
McCoy.
You don't have a case.
Mr.
Barnes, the District Attorney's claims give me great pause in doing what I am about to do.
That said, I see little choice in the matter.
Quite an accomplishment, Mr.
Barnes.
You now have the entire Manhattan DA's office out to nail you.
You've got nothing on me.
I'll have an indictment by the end of the week.
You should've been at the top of the list.
Oh, my God, he's got a gun! - Police, freeze! - Drop the gun! Do it! Hands in the air! Fontana and Green are on the way.
They want to get our statements.
Fine.
Jack, are you okay? Jack I thought he was aiming at me.