Law & Order (1990) s02e11 Episode Script
His Hour Upon the Stage
Narrator: In the criminal justice system, the people are represented by two separate yet equally important groups the police who investigate crime, and the district attorneys who prosecute the offenders.
These are their stories.
"Rich, handsome, Ivy League grad " You putting that one in again? He wants a devoted He should get himself a horse.
Hey, Wilson! C'mere! Logan: It's like the wild, wild West.
Everybody's packing now.
Hey! Whoa! Every joker and his uncle's got an assault rifle.
So what's that mean? Every rookie's gotta have a semi-automatic? You ban submachine guns, I'll be happy with my.
38.
Tell it to your congressman, will ya? The body's really wet.
I think he was drowned.
Well, they drown them in the Hudson, then they pull them up and dump them here, see? If he'd have been drowned in the Hudson, he'd have dissolved.
Well, they soaked him in something.
Ahhh everything makes sense.
Shot then drowned.
Male, 35-40.
Shot with a.
22.
One in the chest, went right through.
Two to the right side of the head.
Afraid they'd miss the brain, huh? - Whew! Ripe one.
- Breathe through your mouth.
The slugs went to ballistics.
Did you get a label for the tux? Yeah.
Tailor-made.
Sugarman, Fifth Avenue.
- Prints? - Sent them out, but wouldn't count on them.
The body was a popsicle.
Ice crystals in his organs.
- He was frozen.
- Frozen? - How long? - That party he was dressed for? I'd say he was on his way four or five years ago.
Five years and they got nothing? Skinny guys, yeah.
Big guys, Missing Persons has zip.
The tailor who made the tux is dead.
- There's no records.
- Wearing a tux, not homeless no one cared enough to miss him? Somebody cared enough to freeze him.
district meat freezer? They don't freeze meat.
It goes out fresh to grocery stores and restaurants.
let's do all the restaurants.
After five years, what are we even looking for? Well, how about something that might place the body there? You got a better idea? - And if we don't find anything? - We do the next 10 blocks.
Cerreta: If I have to look into one more restaurant freezer, I'm never going to eat out again.
This place, they kiss each other on both cheeks and you need a gun to make a reservation.
I got the gun I don't do cheeks.
Yo! Yo! You don't mind I take a look, do you? Yeah, okay.
But the condenser's busted, it's gotta be replaced.
You know, this really ain't a good time.
That right? What time's it gonna be, we have to get a warrant? I know what you guys are lookin' to do you want the health inspectors to throw my food away, right? - Take it easy.
- Tell him to get outta there, huh? My orange juice is gonna go bad.
Yeah, laugh! It's funny, huh? You guys don't know when to let up.
You always make your orange juice wearing a tux? The man's in the restaurant business.
He doesn't stow bodies.
You know, the Forcelli family disposes of more bodies than fettuccini.
A stiff turns up in your freezer and you don't know anything about it? Cerreta: Your father ran numbers, your uncle is under indictment for racketeering I got an ID on the prints.
A Mr.
Joshua Foster, Broadway producer.
File's coming from Midtown South.
That's great! Why the hell didn't Missing Persons have something on him? Why does it always rain on my birthday? Somebody screwed up, don't take it out on me.
What about this guy? Well, he can't be too high on the Forcelli family ladder.
No felonies.
What are you pushing me around for? Mario? Do you have any pals on Broadway? Yeah, the counterman at the deli on West 47th Street.
Yo! What is this crap? I'm in Curacao working on my tan, I come back, they find a stiff in my freezer, - I freaked out a little bit, okay? - Disposing of a body? That's obstruction and accessory to murder.
What's wrong with you guys? I called around "Anybody hit last week what's in my fridge?" Wait a minute he's gonna whack someone then stick them in his own freezer? Let me tell you guys something for the last time, okay? This ain't ours.
We didn't whack this guy.
We want your employee records for the last five years.
And then maybe we won't hit you with obstruction, do understand me? Wash your hands of this.
Thank you, I thank you very much.
You break it, you pay for it.
This is an investigation? Three detectives on here, they were all sleeping, I guarantee you.
Mario's busboys and waiters, most of them don't have records.
No guns, no homicides.
Let's start with the sister, she's the one who reported him missing.
She's a high school teacher.
Maybe she's with the Forcelli mob.
Good.
What side of the bed did he get up on? The side with five-year-old cases you're not going to break.
I always expected a phone call.
- "We found your brother.
" - Cerreta: Hmmm? In other words, you thought somebody had killed him? No, I mean before he disappeared.
I always thought they'd say he was in a gutter, on the Bowery.
What, a big Broadway producer? He was only successful after he died.
After "Bleak House.
" Before that, Josh did three.
They all ran for a total of 11 nights.
Sometimes I even had to pay his rent.
He was a failure he couldn't even get a date in high school.
I mean, he was finally normal.
He was he had this big show, he was in love.
Who was he in love with? Who else? An actress Leslie Hart.
Without Joshua, I don't know where I'd be.
I wasn't much of an actress.
He told me I could be a producer.
That was his way fixing everybody's life.
Did he have debts? Mr.
Foster did he gamble? He gambled on the theater.
And me.
The play, "Bleak House" a friend of mine wrote it we were kids.
He just waved his magic wand.
"Close your eyes.
Wish.
I'll make it happen.
" Did he seem at all preoccupied to you? Worried? About the show? Wedding? Could we do it after the opening? Crazy things should we serve shrimp or lobster? In the first investigation, you told the police that you weren't concerned that he didn't come to rehearsals.
Other projects, meetings.
It wasn't unusual.
Mr.
Foster have any connections to organized crime? You mean the mafia? Yeah.
Joshua hardly had any friends.
How about his partner Mr.
Wallace? Gary would know.
Man: five, six, seven, eight.
One, two, three, four Hey, where's your attitude, folks? We'll take it again.
Alan Okay, take 10 guys.
Well, like I told the police five years ago, I hardly knew him.
You invested with a man you hardly knew? Detective, I have people doctors, dentists they like owning part of a Broadway musical.
Me, I wouldn't invest my own money in the Second Coming.
The day before his sister reported him missing, did you happen to talk to Foster? Five years? It's hard to remember? Well, you told the police, quote: "My driver left me at the theater.
I expected Mr.
Foster, but he never arrived.
" If that's what I said, I'm sure it's true.
Your partner disappears, it seems like you might remember when you last talked to him.
Either you're not very subtle, or I'm very paranoid.
Am I a suspect? I'm just testing your memory.
He brought me a property, I produced it.
I had no reason to hurt him.
So he hardly knew Mr.
Foster, huh? That makes sense didn't know him, couldn't kill him, right? What about the girlfriend? How old is she? Five years ago, she's 24, he's 39.
Yeah, well, May-December romance is not exactly unheard of.
Yeah, but December usually comes with Santa Claus.
Mmm? Foster didn't have a dime.
He's poor, she's beautiful.
She's an actress she's got guys hangin' all around her.
She's gonna fall for Mr.
Big Dreams? This Ms.
Hart and this partner who doesn't know him if those are his friends, well Where are you goin'? Jimmy, Phil.
Pull some yellow sheets for me, will you? You're buying this? Wallace and Foster were partners, but they were strangers? Then there's the girlfriend.
Foster's sister tells us he couldn't get a date at the senior prom.
This actress latches on, he disappears.
Fellas, I'm not arguing with you, but a motive would be nice.
I wouldn't trust either one with my laundry.
Oh, great, absence of trust that'll get you an arrest.
No, but this might.
"Hart, Leslie: Soliciting for prostitution.
" She was 22 no time.
Year later, criminal possession, coke.
Plead down to a misdemeanor.
Sweet, innocent kid.
Okay, it's a start.
The writer of this show Hyland he went to college with her.
Try stimulating his memory.
Barbara Streisand hey, Neil Sedaka would've been okay.
I just wanted to sell a song.
Did Foster miss a lot of these rehearsals? A new third act I was surprised he didn't come.
Well, now, Mr.
Hyland, you told the police five years ago that you weren't surprised so, I mean, which is it? Cerreta: Your old college friend, Leslie Hart did she seem worried? Uhh I suppose so.
Suppose you didn't ask her? You write songs, make up lyrics.
Try writing a melody called "Accessory After The Fact.
" That week, we were supposed to rebuild some sets.
They didn't do it.
Josh said they were runnin' out of money.
The day he disappeared did you talk to him? Look, I didn't want to accuse anybody.
The show if it didn't happen, I would've been nowhere.
If you withhold evidence, you're gonna be somewhere, and not this nice.
Gary and Josh were seeing new investors.
Josh said he'd be at rehearsal that night with good news.
He never came to the theater.
So did Wallace come up with the good news? Gary came late.
He looked sick said it was bad seafood.
Said he never saw Josh, didn't know where he was.
You believed him? I made mistakes.
I was young.
You make a right turn from the left lane that's a mistake.
Prostitution and drug dealing? I was broke.
It was an escort service, not sex for money.
No, drugs for money.
Can we tie something down here? - The night Mr.
Foster disappeared - I told him, all of it.
The drugs, everything.
You were at rehearsal? I guess.
Five years ago.
I've lived a lifetime since then.
- Mr.
Wallace was with you that night? - He probably would have been.
He was not with Mr.
Foster looking for new investors? Your production we heard they were cracking open the piggy banks for it.
They were running out of money.
Josh and Gary never told me.
I maybe I know that week he was seeing a woman named Marilee Katz.
She books charity parties.
They were running out of money.
Why do you think they came to me? You don't look like a banker.
Theater charity parties, Detective you don't need a banker.
I take your show to the United Way for their annual benefit, they fill your entire theater.
Did you sell tickets for "Bleak House"? Do I look like I'm crazy? I don't book a show if I don't think it's gonna open.
Everybody knew that that show was in financial trouble.
The night you talked to Wallace you want to open your diary now and tell us when he was here? The IRS, they tell you seven years.
After two field audits, I keep my diaries forever.
Gary Wallace he produced more dogs than a mongrel in heat.
Do you really think that Gary could have done it? Whoever killed Josh Foster, it wouldn't have been somebody like Gary The time he was here please, ma'am, thank you.
Sorry.
I saw him 6:00 p.
m.
, had a dinner reservation, Denovi's in the Village, 8:00 p.
m.
Had to be out of here by 7:00.
could have been anywhere.
- It doesn't nail him.
- What else have we got? We don't know where Wallace was, we don't know where Hart was.
The original investigation that could've been in Swedish for all it tells us.
Too many young detectives.
Gentlemen.
Now, for me, if I was gonna get shot, I'd like to be wearing a tux.
You'd hit all the big parties, would ya? For this kind of occasion, I'd rent.
The blood splatter see how it's pooled? He was sitting down.
On what? Something soft.
I'd say a cushion, sofa, could have been a bed.
How about a car seat? Possible.
Maybe.
Young detectives.
Again? Logan: We love the theater.
That rehearsal, the one that Mr.
Foster missed you were there all night? You remember where you were five years ago? Yeah, I remember I wasn't in business with a man who disappeared.
Look, you said you were driven to the theater, right? So? It's a crime to ride in limousines? Use a service, your own car? - I had a driver.
- Still got him? I fired him.
He used to leave a shot of bourbon on the dashboard.
It made me nervous.
You remember his name? Yeah, it was Danner.
Lloyd Danner I hired him from some service.
He worked for me maybe six months.
And do I remember anything else about him? No.
Cragen: "Danner, Lloyd.
Dannemora, five-to-15, criminal possession two.
A knife fight.
Died in the yard.
" That's convenient Mr.
Wallace remembers his driver, who just happens to be dead.
The cellmate, Paul.
It's our only shot cons talk to cellmates.
Let's offer this cellmate a deal.
Yeah Pollard.
Major narcotics.
Judge McKay says he should stay in his cell till he rots.
Come on, we don't cut this guy a deal, there's no use talkin' to him.
This crime is five years old, Paul.
McKay says if it's absolutely necessary.
I'll drive.
Good.
Okay, so you spent a year in a cell with Danner and you might remember.
Lloyd had his fingers in a lot of pies what flavor do you want? I saw the papers.
Body in a dumpster? You can read that gets you a diploma, not a deal.
How about frozen pie? Newspapers say anything about a freezer? I got two years yet.
I want to be out by my wedding anniversary.
That's next week.
You have the right information, your sentence might get reduced to time served.
- Write me a ticket.
- Whoa-whoa-whoa-whoa.
Before anything gets written on paper, you tell us about that freezer.
Paid hit.
Lloyd kept calling him the Frozen Fat Man.
Paid by who? How'd they get rid of the body? Lloyd's brother-in-law.
Stuck it in the freezer.
Gabe Hunt.
Sound familiar? Gabriel Hunt, works at Mario's as a dishwasher? Yeah, Mario's.
Where's my ticket? Lawyer: Come on crap from some con you made a deal with.
- Cerreta: Mr.
Hunt worked at the restaurant.
- With 20 other people.
You never know what a grand jury's gonna do.
Hindering prosecution third degree.
No, no the DA says hindering two, and the deal dies if it turns out Mr.
Hunt held back.
Lloyd calls me, meets me at the restaurant.
Stiff in the backseat.
Why he got dead, I don't know.
You pry open that bench in the freezer? Lloyd had to ditch the guy quick.
You know, he figured we'd go back.
Two days later, Mario fires me.
I figured, what the hell, who'll find him? It must have done wonders for the car upholstery.
We cleaned it up, took it back to the dealer.
Come up with a name.
Big place, 12th Avenue.
Eisenstein.
Mr.
Gary Wallace leasing here for years.
Always Cadillacs? Cadillacs that's the United States of America.
Like Columbus.
Columbus was Italian.
Cadillac was French.
Five years ago, October Mr.
Wallace returned a car and we sold it.
Yes, I have the owner.
I know the law.
Why you have to dismantle my car, Constable? Answer me that now.
I'm sorry, Mr.
Rowley, at the moment this car is a crime scene, not a car.
Lot of customers won't travel gypsy cab.
She's not a luxury model.
She take my entire savings! I know that.
The slugs from the body match the slug from the car.
Dried blood inside the seat.
It's too old for DNA, but it's a match on Foster's.
Antigens, proteins and enzymes Inside the seat, wool from the tuxedo, and it's a perfect match.
And no motive.
Come on, Paul, this case is five years old.
We make an arrest, maybe we shake a motive loose.
If Foster wasn't killed in Wallace's car, somebody in the same tux with the same gun was.
- You can't put Wallace in the car.
- Hey, his alibi stinks.
I don't know.
If it doesn't shake out, we look imprudent.
If we don't arrest, we're gonna look worse.
If that driver starts talking about his car, somebody's gonna add it up.
Call Rikers, get Mr.
Wallace a cell.
Judge: Have we got a clerk here? Is he on break, or what? The People versus Gary Wallace.
The charge is murder, second degree.
Is the defendant ready to enter a plea? Your Honor, if it please the Court Mr.
Cobb, you couldn't please this Court if you danced an Irish jig on your fingertips.
Can we get a plea? Not guilty.
Somebody talk to me about bail.
Your Honor, a five-year-old crime.
My client is a respected businessman Whose car was used in the crime, Counselor.
Mr.
Robinette? The People request 200,000, Your Honor.
All cash.
Mr.
Robinette, do you know me to be vindictive? Bond'll be fine.
Where's my clerk? Five years and a slug in a car seat? That's a murder case? It's grounds for an indictment.
One plus one equals zero.
No motive plus no witness equals no case.
Josh Foster was my friend.
Friend? You told the detectives you barely knew him.
Get an indictment I'll have it dismissed before it's typed.
He's not gonna give us a motive.
Somebody had to have a motive.
Leslie Hart lied to the cops, and she has a record.
Joshua was so innocent, you wanted to make sure he wore his overcoat in the winter.
He didn't wear it when he was shot.
I didn't see him that night.
- And Mr.
Wallace? - Gary wouldn't kill Josh.
It was that driver, what's-his-name? He was like out of a gangster movie.
You know about gangsters? Drug-dealing gangsters? I dealt drugs because I was poor.
The night Mr.
Foster disappeared, you told police that you were in rehearsal.
We can't find anyone who saw you there before 9:00.
This Lloyd, whatever his name is he killed the man I was gonna marry.
And I didn't come here to be accused.
You should've held off on the arrest, my friend.
Getting us where? The case was high profile before we touched it.
You have an old crime, you have no motive.
What do you mean, no motive? A lot of money floating around before Foster died.
I go looking for motive, I find the old standbys ambition and greed.
Unfortunately, you'll need something a little more specific for a jury.
I had a call this morning from Bart Sharman, Producers Alliance.
He says Wallace isn't respected, but nobody thinks he's a murderer.
What is this, a trial by popularity poll? I don't know who gave the order, but Hart and Wallace were there.
One of them ordered that driver to kill Foster.
I'd bet my shoes on it.
Hart may be a candidate, but the hit man was Wallace's chauffeur.
What kind of record did he have? His yellow sheet started in the womb.
Does somebody want to tell me how an ex-con keeps a chauffeur's license? Thanks.
Six months before Foster disappeared the driver had a hearing.
Taxi and Limousine Licensing Board.
- He lost his license.
- And got it back character testimony.
- Gary Wallace? - And Leslie Hart.
God bless her.
She kept calling him what's-his-name.
Couldn't remember him, but testified for him.
Third character witness Hyland, the songwriter.
Hart and Wallace, we'll never break them.
But Hyland, we may have a shot.
Leslie asked me to do it.
Danner seemed perfectly nice.
A violent ex-con? Manners out of Amy Vanderbilt, I'm sure.
I didn't know about his record.
It was a character hearing, not a meeting of his fan club.
You have to understand, Leslie she's persuasive.
What did she persuade Foster of? I will call you as a witness.
I will ask you, why did you testify for Danner? If I find one iota of evidence, you'll find yourself indicted as a co-conspirator.
The afternoon before Josh disappeared, he asked me if Leslie was cheating on him with Gary Wallace.
Wearing tuxedos all the time, hangin' on Leslie.
He was so pathetic.
He said if Leslie was using him, he wouldn't go through with it.
- Go through with what? - He wouldn't raise more money.
He'd let the show die.
She cheats on him, and he's ready to toss away $7 million? All I know is, they're out of money, Josh disappears, and then everything's fine.
Foster disappeared and all the problems went with him.
If we can find out where Hart and Wallace got the money, we may have a motive.
Ben, I've checked the bank records Hart, Foster, Wallace, the partnership.
Which partnership? The musical, the general partners.
Find out if there's a separate account for the limited partners Foster and Wallace.
Two checks, $500,000 each, from different holding companies, deposited to the partnership account in Hart's name two days after Foster disappeared.
- Who controls the companies? - Cocaine dealer named Ketcham, - now he's into heroin.
- Cocaine, Ketcham Leslie Hart's drug bust eight years ago Ketcham was busted with her.
The money she invested in the show, the million dollars he did a deal with her, right? He's done well for himself townhouse on East 83rd.
And guess who else he was in business with? The dead chauffeur, Danner.
Let's find out who his lawyer is.
This is a discussion of his finances? Your client has the wrong friends.
Josh Foster's murder? Oh, please.
Mr.
Ketcham was in the drug business with the hit man.
Trumped up I didn't serve a day.
Neither did Mr.
Foster's girlfriend.
Leslie? I lent her some money.
There's no record she paid you back.
I'm generous.
Whattya got? Loose threads.
Which we'll turn into a rope to hang your client.
The "Bleak House" money, your client's checks the money was invested in Leslie Hart's name.
That's a Title 18 felony.
You have nothing.
Lending money isn't a crime.
Neither is having the wrong friends.
Next time you want to make my life unpleasant, do it over the phone.
I said Title 18 felony, he didn't blink.
Adam: Why not? That's what I asked myself.
A clear securities violation, he's not worried? - There's only one answer.
- Bigger problems on his mind.
He's already under federal indictment racketeering, drugs, extortion.
He gets convicted of that, he goes up for 30 years.
If I'm about to hear what I think Call the US Attorney's office Herb McCann.
Forget it, they're not doing us any favors.
Adam, please this woman uses people like Kleenex.
I don't want her to walk.
Get McCann to help us.
Oh, I tell you Elliot Ketcham? He gets a deal over my dead body.
We have a dead body with three holes in it.
into Mr.
Ketcham.
I make a deal with him, my staff guys will revolt.
I have a five-year-old case, doesn't break without him.
What's in it for me? One less defendant to convict.
You want to use Mr.
Ketcham, here's the plea.
He testifies against his co-conspirators, three federal counts, three years on each count.
- Nine years? - What are you, his lawyer? I'm not bargaining here.
Nine years.
Ketcham'll never go for that.
Yeah, that's your problem.
You want to make a deal? I'll testify for you.
The feds drop everything.
Where are you planning to retire, Mr.
Ketcham? I'm too young to think about it.
Think about Kansas.
The feds add Title 18 to your indictment, your golden years'll be in Leavenworth.
Suppose the feds'll take a plea.
- Suppose you already talked to them.
- Suppose I did.
You testify against your co-conspirators, three counts, six years each count.
Mr.
Ketcham will take his chances at trial.
You want to get back to us Stone: Make an offer.
You give us immunity on this case.
On the three federal counts, three years each, nine years total.
Nine years? It's hard to imagine the US Attorney'll settle for that.
Well, it's hard to imagine my client'll help you if they don't.
Make your call.
How long should this imaginary call take? Let 'em stew.
should do the trick.
Nine years you cooperate, it's a done deal.
Lloyd Danner calls me, says Leslie wants to move 70, 80 pounds of coke.
- She tell you why? - She wants to buy into this show, get this fat man Foster off her back.
She says if she owns a piece of it she can get rid of him.
Call Cerreta and Logan.
You know, there's a lesson in this never fall in love with an actress.
Rex Harrison said it they never stop acting.
Logan: Ms.
Hart.
Leslie Hart, you're under arrest for the murder of Joshua Foster.
- Is this some kind of a joke? - A sketch for your new show.
Will you put some cuffs on her and get her in the car? Hands behind your back, please.
You have the right to remain silent.
Anything you say can and will be used against you in a court of law Leslie and me, when we were younger, we sold some drugs together.
Now, on this occasion, five years ago, when Ms.
Hart asked you to purchase cocaine, did she tell you why? Objection calls for hearsay.
Overruled.
Utterance in furtherance of a conspiracy.
Judge: Mr.
Ketcham? Ketcham: Some people had fronted us some coke.
She wanted to put some of her own money in the show.
Otherwise, she'd have to marry this fat slob to get anything.
When the narcotics were delivered, did Mr.
Foster say anything to you? Ketcham: He was nervous, shaking.
I think this jerk doesn't know cocaine from shoe polish.
He's watchin' Leslie unload the trunk and he says real loud, "She's beautiful, isn't she? But if she did anything to hurt me, I'd call the cops on her.
" Did Ms.
Hart hear what he said? She heard, and she didn't like it at all.
Mr.
Ketcham, did you recommend that Ms.
Hart hire Mr.
Danner as a driver? She wanted muscle.
She said you never knew, it might come in handy.
Thank you.
No further questions.
Who paid Mr.
Danner's salary? As far as I know, Wallace.
Hanley: So Ms.
Hart never hired him? No.
No, not really, no.
Mr.
Ketcham, this federal indictment in your plea bargain, you agreed to how many years in prison? Nine years.
What was the maximum sentence? give or take.
You saved yourself is that an inducement to tell the truth? - Objection.
- Withdrawn.
I have no questions of this witness.
Have you ever seen the defendant, Gary Wallace, before today? About a year ago the visitors room in Dannemora.
He came to see Lloyd.
What was Mr.
Danner's mood after that visit? Pollard: Lloyd went nuts.
He said they knew he was up for parole, and they were talkin' about that he better watch his back, and not talk about the fat man if he got out.
Thank you.
No further questions.
Mr.
Pollard what crime did you commit that put you behind bars? - Dope dealin'.
- Is that all? Was there an assault conviction for beating up a 56-year-old woman? That was my sister-in-law.
Well that certainly makes it acceptable.
No further questions.
I waited for Josh to show up.
He said that they'd be there with a new investor.
Stone: At this rehearsal, were either Mr.
Wallace or Ms.
Hart present? Mr.
Wallace he said that he would be there about 8:00.
He got there about 9:30.
And Leslie showed up about a half an hour later.
Now, this conversation with Mr.
Foster, when you told him that Mr.
Wallace and Ms.
Hart were not romantically involved did he say anything? He said he thought I was lying.
Thank you.
Mr.
Hyland were you ever romantically involved with Leslie Hart? We I'm briefly, in college.
Hanley: Did you ask Ms.
Hart to marry you? Yes, I did, but Were you jealous of her other relationships? Did you speak of your jealousy in front of other people? - Are you testifying today out of anger? No, no.
I was over her.
Thank you.
No more questions.
A spurned lover wonderful.
- He didn't tell us.
- And two dope dealers better.
This isn't the style page of the "New York Times," Adam.
- Yeah.
- Scummy case, you get scummy witnesses.
- Right.
- What if I offer Hart man two? Offer whatever you want dinner in the Rainbow Room, roundtrip ticket to Paris.
If I were her, I'd wait for the jury.
Hart rolls, Wallace takes the plea, we can all go home.
Yeah? Maybe not.
If you don't put Wallace or Hart next to the gun, forget a conviction.
Conspiracy two she testifies Wallace paid the driver to kill Foster.
Ms.
Hart, I must be dumb.
You dealt the drugs, you got the money, but Wallace gave the order? It was Gary's idea.
I loved Josh.
I was a kid, for God's sake.
You loved him, but you didn't call the police? I was afraid they'd kill me, too.
Danner was afraid you'd kill him, you were afraid he'd kill you.
I think you're confusing fear with greed.
Manslaughter one.
Mr.
Wallace smells bad to that jury, not my client.
Conspiracy one.
Maybe Wallace has a better story.
Whose story is the jury gonna believe? Mine.
One ex-con, okay.
I underestimated how bad two would look.
Hyland didn't help.
"I loved Josh.
I was just a kid.
" She's a better actress than she gives herself credit for.
Without someone who saw Wallace or Hart in the car with the body We could call a medium.
The driver can testify from the grave.
Maybe he can.
Danner was paid for the hit.
His brother-in-law put Foster in the freezer.
- So? - The brother-in-law, Hunt doesn't he ask for a piece of the action? If Hunt was paid and lied to us You think he's stupid enough to leave a trail? An intellectual giant he's not.
This man cooperated.
We had a deal.
- If he told the truth.
- You never told us they paid you.
- How do you know? - Shut up.
Mr.
Hunt you knew about the hit in advance, that makes you an accessory to murder.
Paul? Two days after Foster disappeared, Mr.
Hunt deposited $10,000 in his checking account.
Lucky at Belmont? Healy: You can't prove where that 10 grand came from.
If I have to find everyone he so much as had coffee with in the past five years, I will, and I won't be in the mood to take a plea.
I wasn't there when they killed him That's enough.
Accessory to man two.
He enters the plea after he testifies.
You can get the testimony and change the plea.
You have to trust me on this one.
Lloyd and me put the body in a dumpster in the alley.
Stone: What did you tell Mr.
Danner? I said "Come back, We'll stow it in the freezer.
" Was anyone else in the car? This guy came out, didn't say anything, ran and flagged a cab.
Is that man in the courtroom today? He's sitting over there.
Let the record show that the witness is pointing at the defendant, Mr.
Wallace.
- Let the record so indicate.
- Thank you.
Mr.
Hunt, have you plead guilty to a felony in exchange for lenient treatment and your testimony today? No.
Wait a minute I have the record.
Your Honor, may we approach? A copy of the plea, as entered.
Vacated, yesterday.
- And you have a new one in place.
- No, I don't.
Are you gonna let him get away with this? With what, Mr.
Cobb? If there's no guilty plea in place, the witness answered truthfully.
No further questions.
Mr.
Hunt you testified you saw Mr.
Wallace leave the alley.
Did you also see Leslie Hart? No.
Have you ever seen her before today? - No.
- Thank you.
No more questions.
It's a good story.
It's the truth.
Criminally negligent homicide, six months.
Negligent? You left a loaded gun around and it went off by itself? Manslaughter one, six years.
Manslaughter two, two years.
Mr.
Wallace, you knew she'd kill him, you did nothing.
Accessory to man one, still six years take it or leave it.
That lunatic bitch, I should never have gotten in the car.
Wallace: We left the drugs, and started driving back to the theater.
Stone: And then what happened? Wallace: Josh looked at me and Leslie.
He said "You two think I'm stupid.
" And he called Leslie a whore, and said he was going to call the cops tell them he knew where the where the money came from.
And how did Ms.
Hart respond? She told Lloyd to stop the car.
And what did Mr.
Foster do? He tried to get out.
Lloyd blocked the door from the front.
Leslie said "Do it now.
" Lloyd shot him in the chest.
Once? Leslie said, "He's still breathing.
Shoot him again.
" And Lloyd bent over, shot him in the head.
Twice.
I begged Gary not to do it.
He told me if I said anything, he'd have me killed, too.
Did you tell Lloyd Danner to kill Joshua Foster? No.
No, I didn't.
I was in love with him.
No more questions.
Ms.
Hart you testified that you didn't know Mr.
Wallace's driver well, is that correct? That is correct.
That you had no personal relationship with him.
He was Gary's driver, not mine.
No further questions.
Anything more, Counselor? No redirect.
The defense rests, Your Honor.
Permission to call a rebuttal witness, Your Honor? The Taxi and Limousine Licensing Board always holds a hearing.
If you're convicted of a felony, you can't keep a vehicle-for-hire license.
Ms.
Radley, did you secure a recording of Mr.
Danner's hearing for the District Attorney? - Yes, I did.
- Your Honor, People's Exhibit 31.
- Permission to play the tape? - Objection! Sidebar, please.
Prosecution held that tape back.
We asked for all such records under discovery.
We never had any of them in our possession.
We made no copies of the transcripts or the recording.
He's right, Ms.
Hanley.
This is a badly drafted discovery motion.
Overruled.
You may play the tape.
Leslie's voice: I've known Mr.
Danner for more than a year.
He's a close friend.
Radley's voice: Do you wish to make a statement concerning his character? Leslie: Despite his record, I believe Lloyd to be reliable and conscientious.
I'd trust him with my life.
No further questions, Your Honor.
Mm-hmm.
Thank you.
Leslie Hart's filing an appeal based on the withheld tape.
She'll lose.
Three lovers, none of whom she loved.
They didn't even exist for her.
No one's real to her.
We're all actors in her play.
Foster didn't die, he just left the stage.
These are their stories.
"Rich, handsome, Ivy League grad " You putting that one in again? He wants a devoted He should get himself a horse.
Hey, Wilson! C'mere! Logan: It's like the wild, wild West.
Everybody's packing now.
Hey! Whoa! Every joker and his uncle's got an assault rifle.
So what's that mean? Every rookie's gotta have a semi-automatic? You ban submachine guns, I'll be happy with my.
38.
Tell it to your congressman, will ya? The body's really wet.
I think he was drowned.
Well, they drown them in the Hudson, then they pull them up and dump them here, see? If he'd have been drowned in the Hudson, he'd have dissolved.
Well, they soaked him in something.
Ahhh everything makes sense.
Shot then drowned.
Male, 35-40.
Shot with a.
22.
One in the chest, went right through.
Two to the right side of the head.
Afraid they'd miss the brain, huh? - Whew! Ripe one.
- Breathe through your mouth.
The slugs went to ballistics.
Did you get a label for the tux? Yeah.
Tailor-made.
Sugarman, Fifth Avenue.
- Prints? - Sent them out, but wouldn't count on them.
The body was a popsicle.
Ice crystals in his organs.
- He was frozen.
- Frozen? - How long? - That party he was dressed for? I'd say he was on his way four or five years ago.
Five years and they got nothing? Skinny guys, yeah.
Big guys, Missing Persons has zip.
The tailor who made the tux is dead.
- There's no records.
- Wearing a tux, not homeless no one cared enough to miss him? Somebody cared enough to freeze him.
district meat freezer? They don't freeze meat.
It goes out fresh to grocery stores and restaurants.
let's do all the restaurants.
After five years, what are we even looking for? Well, how about something that might place the body there? You got a better idea? - And if we don't find anything? - We do the next 10 blocks.
Cerreta: If I have to look into one more restaurant freezer, I'm never going to eat out again.
This place, they kiss each other on both cheeks and you need a gun to make a reservation.
I got the gun I don't do cheeks.
Yo! Yo! You don't mind I take a look, do you? Yeah, okay.
But the condenser's busted, it's gotta be replaced.
You know, this really ain't a good time.
That right? What time's it gonna be, we have to get a warrant? I know what you guys are lookin' to do you want the health inspectors to throw my food away, right? - Take it easy.
- Tell him to get outta there, huh? My orange juice is gonna go bad.
Yeah, laugh! It's funny, huh? You guys don't know when to let up.
You always make your orange juice wearing a tux? The man's in the restaurant business.
He doesn't stow bodies.
You know, the Forcelli family disposes of more bodies than fettuccini.
A stiff turns up in your freezer and you don't know anything about it? Cerreta: Your father ran numbers, your uncle is under indictment for racketeering I got an ID on the prints.
A Mr.
Joshua Foster, Broadway producer.
File's coming from Midtown South.
That's great! Why the hell didn't Missing Persons have something on him? Why does it always rain on my birthday? Somebody screwed up, don't take it out on me.
What about this guy? Well, he can't be too high on the Forcelli family ladder.
No felonies.
What are you pushing me around for? Mario? Do you have any pals on Broadway? Yeah, the counterman at the deli on West 47th Street.
Yo! What is this crap? I'm in Curacao working on my tan, I come back, they find a stiff in my freezer, - I freaked out a little bit, okay? - Disposing of a body? That's obstruction and accessory to murder.
What's wrong with you guys? I called around "Anybody hit last week what's in my fridge?" Wait a minute he's gonna whack someone then stick them in his own freezer? Let me tell you guys something for the last time, okay? This ain't ours.
We didn't whack this guy.
We want your employee records for the last five years.
And then maybe we won't hit you with obstruction, do understand me? Wash your hands of this.
Thank you, I thank you very much.
You break it, you pay for it.
This is an investigation? Three detectives on here, they were all sleeping, I guarantee you.
Mario's busboys and waiters, most of them don't have records.
No guns, no homicides.
Let's start with the sister, she's the one who reported him missing.
She's a high school teacher.
Maybe she's with the Forcelli mob.
Good.
What side of the bed did he get up on? The side with five-year-old cases you're not going to break.
I always expected a phone call.
- "We found your brother.
" - Cerreta: Hmmm? In other words, you thought somebody had killed him? No, I mean before he disappeared.
I always thought they'd say he was in a gutter, on the Bowery.
What, a big Broadway producer? He was only successful after he died.
After "Bleak House.
" Before that, Josh did three.
They all ran for a total of 11 nights.
Sometimes I even had to pay his rent.
He was a failure he couldn't even get a date in high school.
I mean, he was finally normal.
He was he had this big show, he was in love.
Who was he in love with? Who else? An actress Leslie Hart.
Without Joshua, I don't know where I'd be.
I wasn't much of an actress.
He told me I could be a producer.
That was his way fixing everybody's life.
Did he have debts? Mr.
Foster did he gamble? He gambled on the theater.
And me.
The play, "Bleak House" a friend of mine wrote it we were kids.
He just waved his magic wand.
"Close your eyes.
Wish.
I'll make it happen.
" Did he seem at all preoccupied to you? Worried? About the show? Wedding? Could we do it after the opening? Crazy things should we serve shrimp or lobster? In the first investigation, you told the police that you weren't concerned that he didn't come to rehearsals.
Other projects, meetings.
It wasn't unusual.
Mr.
Foster have any connections to organized crime? You mean the mafia? Yeah.
Joshua hardly had any friends.
How about his partner Mr.
Wallace? Gary would know.
Man: five, six, seven, eight.
One, two, three, four Hey, where's your attitude, folks? We'll take it again.
Alan Okay, take 10 guys.
Well, like I told the police five years ago, I hardly knew him.
You invested with a man you hardly knew? Detective, I have people doctors, dentists they like owning part of a Broadway musical.
Me, I wouldn't invest my own money in the Second Coming.
The day before his sister reported him missing, did you happen to talk to Foster? Five years? It's hard to remember? Well, you told the police, quote: "My driver left me at the theater.
I expected Mr.
Foster, but he never arrived.
" If that's what I said, I'm sure it's true.
Your partner disappears, it seems like you might remember when you last talked to him.
Either you're not very subtle, or I'm very paranoid.
Am I a suspect? I'm just testing your memory.
He brought me a property, I produced it.
I had no reason to hurt him.
So he hardly knew Mr.
Foster, huh? That makes sense didn't know him, couldn't kill him, right? What about the girlfriend? How old is she? Five years ago, she's 24, he's 39.
Yeah, well, May-December romance is not exactly unheard of.
Yeah, but December usually comes with Santa Claus.
Mmm? Foster didn't have a dime.
He's poor, she's beautiful.
She's an actress she's got guys hangin' all around her.
She's gonna fall for Mr.
Big Dreams? This Ms.
Hart and this partner who doesn't know him if those are his friends, well Where are you goin'? Jimmy, Phil.
Pull some yellow sheets for me, will you? You're buying this? Wallace and Foster were partners, but they were strangers? Then there's the girlfriend.
Foster's sister tells us he couldn't get a date at the senior prom.
This actress latches on, he disappears.
Fellas, I'm not arguing with you, but a motive would be nice.
I wouldn't trust either one with my laundry.
Oh, great, absence of trust that'll get you an arrest.
No, but this might.
"Hart, Leslie: Soliciting for prostitution.
" She was 22 no time.
Year later, criminal possession, coke.
Plead down to a misdemeanor.
Sweet, innocent kid.
Okay, it's a start.
The writer of this show Hyland he went to college with her.
Try stimulating his memory.
Barbara Streisand hey, Neil Sedaka would've been okay.
I just wanted to sell a song.
Did Foster miss a lot of these rehearsals? A new third act I was surprised he didn't come.
Well, now, Mr.
Hyland, you told the police five years ago that you weren't surprised so, I mean, which is it? Cerreta: Your old college friend, Leslie Hart did she seem worried? Uhh I suppose so.
Suppose you didn't ask her? You write songs, make up lyrics.
Try writing a melody called "Accessory After The Fact.
" That week, we were supposed to rebuild some sets.
They didn't do it.
Josh said they were runnin' out of money.
The day he disappeared did you talk to him? Look, I didn't want to accuse anybody.
The show if it didn't happen, I would've been nowhere.
If you withhold evidence, you're gonna be somewhere, and not this nice.
Gary and Josh were seeing new investors.
Josh said he'd be at rehearsal that night with good news.
He never came to the theater.
So did Wallace come up with the good news? Gary came late.
He looked sick said it was bad seafood.
Said he never saw Josh, didn't know where he was.
You believed him? I made mistakes.
I was young.
You make a right turn from the left lane that's a mistake.
Prostitution and drug dealing? I was broke.
It was an escort service, not sex for money.
No, drugs for money.
Can we tie something down here? - The night Mr.
Foster disappeared - I told him, all of it.
The drugs, everything.
You were at rehearsal? I guess.
Five years ago.
I've lived a lifetime since then.
- Mr.
Wallace was with you that night? - He probably would have been.
He was not with Mr.
Foster looking for new investors? Your production we heard they were cracking open the piggy banks for it.
They were running out of money.
Josh and Gary never told me.
I maybe I know that week he was seeing a woman named Marilee Katz.
She books charity parties.
They were running out of money.
Why do you think they came to me? You don't look like a banker.
Theater charity parties, Detective you don't need a banker.
I take your show to the United Way for their annual benefit, they fill your entire theater.
Did you sell tickets for "Bleak House"? Do I look like I'm crazy? I don't book a show if I don't think it's gonna open.
Everybody knew that that show was in financial trouble.
The night you talked to Wallace you want to open your diary now and tell us when he was here? The IRS, they tell you seven years.
After two field audits, I keep my diaries forever.
Gary Wallace he produced more dogs than a mongrel in heat.
Do you really think that Gary could have done it? Whoever killed Josh Foster, it wouldn't have been somebody like Gary The time he was here please, ma'am, thank you.
Sorry.
I saw him 6:00 p.
m.
, had a dinner reservation, Denovi's in the Village, 8:00 p.
m.
Had to be out of here by 7:00.
could have been anywhere.
- It doesn't nail him.
- What else have we got? We don't know where Wallace was, we don't know where Hart was.
The original investigation that could've been in Swedish for all it tells us.
Too many young detectives.
Gentlemen.
Now, for me, if I was gonna get shot, I'd like to be wearing a tux.
You'd hit all the big parties, would ya? For this kind of occasion, I'd rent.
The blood splatter see how it's pooled? He was sitting down.
On what? Something soft.
I'd say a cushion, sofa, could have been a bed.
How about a car seat? Possible.
Maybe.
Young detectives.
Again? Logan: We love the theater.
That rehearsal, the one that Mr.
Foster missed you were there all night? You remember where you were five years ago? Yeah, I remember I wasn't in business with a man who disappeared.
Look, you said you were driven to the theater, right? So? It's a crime to ride in limousines? Use a service, your own car? - I had a driver.
- Still got him? I fired him.
He used to leave a shot of bourbon on the dashboard.
It made me nervous.
You remember his name? Yeah, it was Danner.
Lloyd Danner I hired him from some service.
He worked for me maybe six months.
And do I remember anything else about him? No.
Cragen: "Danner, Lloyd.
Dannemora, five-to-15, criminal possession two.
A knife fight.
Died in the yard.
" That's convenient Mr.
Wallace remembers his driver, who just happens to be dead.
The cellmate, Paul.
It's our only shot cons talk to cellmates.
Let's offer this cellmate a deal.
Yeah Pollard.
Major narcotics.
Judge McKay says he should stay in his cell till he rots.
Come on, we don't cut this guy a deal, there's no use talkin' to him.
This crime is five years old, Paul.
McKay says if it's absolutely necessary.
I'll drive.
Good.
Okay, so you spent a year in a cell with Danner and you might remember.
Lloyd had his fingers in a lot of pies what flavor do you want? I saw the papers.
Body in a dumpster? You can read that gets you a diploma, not a deal.
How about frozen pie? Newspapers say anything about a freezer? I got two years yet.
I want to be out by my wedding anniversary.
That's next week.
You have the right information, your sentence might get reduced to time served.
- Write me a ticket.
- Whoa-whoa-whoa-whoa.
Before anything gets written on paper, you tell us about that freezer.
Paid hit.
Lloyd kept calling him the Frozen Fat Man.
Paid by who? How'd they get rid of the body? Lloyd's brother-in-law.
Stuck it in the freezer.
Gabe Hunt.
Sound familiar? Gabriel Hunt, works at Mario's as a dishwasher? Yeah, Mario's.
Where's my ticket? Lawyer: Come on crap from some con you made a deal with.
- Cerreta: Mr.
Hunt worked at the restaurant.
- With 20 other people.
You never know what a grand jury's gonna do.
Hindering prosecution third degree.
No, no the DA says hindering two, and the deal dies if it turns out Mr.
Hunt held back.
Lloyd calls me, meets me at the restaurant.
Stiff in the backseat.
Why he got dead, I don't know.
You pry open that bench in the freezer? Lloyd had to ditch the guy quick.
You know, he figured we'd go back.
Two days later, Mario fires me.
I figured, what the hell, who'll find him? It must have done wonders for the car upholstery.
We cleaned it up, took it back to the dealer.
Come up with a name.
Big place, 12th Avenue.
Eisenstein.
Mr.
Gary Wallace leasing here for years.
Always Cadillacs? Cadillacs that's the United States of America.
Like Columbus.
Columbus was Italian.
Cadillac was French.
Five years ago, October Mr.
Wallace returned a car and we sold it.
Yes, I have the owner.
I know the law.
Why you have to dismantle my car, Constable? Answer me that now.
I'm sorry, Mr.
Rowley, at the moment this car is a crime scene, not a car.
Lot of customers won't travel gypsy cab.
She's not a luxury model.
She take my entire savings! I know that.
The slugs from the body match the slug from the car.
Dried blood inside the seat.
It's too old for DNA, but it's a match on Foster's.
Antigens, proteins and enzymes Inside the seat, wool from the tuxedo, and it's a perfect match.
And no motive.
Come on, Paul, this case is five years old.
We make an arrest, maybe we shake a motive loose.
If Foster wasn't killed in Wallace's car, somebody in the same tux with the same gun was.
- You can't put Wallace in the car.
- Hey, his alibi stinks.
I don't know.
If it doesn't shake out, we look imprudent.
If we don't arrest, we're gonna look worse.
If that driver starts talking about his car, somebody's gonna add it up.
Call Rikers, get Mr.
Wallace a cell.
Judge: Have we got a clerk here? Is he on break, or what? The People versus Gary Wallace.
The charge is murder, second degree.
Is the defendant ready to enter a plea? Your Honor, if it please the Court Mr.
Cobb, you couldn't please this Court if you danced an Irish jig on your fingertips.
Can we get a plea? Not guilty.
Somebody talk to me about bail.
Your Honor, a five-year-old crime.
My client is a respected businessman Whose car was used in the crime, Counselor.
Mr.
Robinette? The People request 200,000, Your Honor.
All cash.
Mr.
Robinette, do you know me to be vindictive? Bond'll be fine.
Where's my clerk? Five years and a slug in a car seat? That's a murder case? It's grounds for an indictment.
One plus one equals zero.
No motive plus no witness equals no case.
Josh Foster was my friend.
Friend? You told the detectives you barely knew him.
Get an indictment I'll have it dismissed before it's typed.
He's not gonna give us a motive.
Somebody had to have a motive.
Leslie Hart lied to the cops, and she has a record.
Joshua was so innocent, you wanted to make sure he wore his overcoat in the winter.
He didn't wear it when he was shot.
I didn't see him that night.
- And Mr.
Wallace? - Gary wouldn't kill Josh.
It was that driver, what's-his-name? He was like out of a gangster movie.
You know about gangsters? Drug-dealing gangsters? I dealt drugs because I was poor.
The night Mr.
Foster disappeared, you told police that you were in rehearsal.
We can't find anyone who saw you there before 9:00.
This Lloyd, whatever his name is he killed the man I was gonna marry.
And I didn't come here to be accused.
You should've held off on the arrest, my friend.
Getting us where? The case was high profile before we touched it.
You have an old crime, you have no motive.
What do you mean, no motive? A lot of money floating around before Foster died.
I go looking for motive, I find the old standbys ambition and greed.
Unfortunately, you'll need something a little more specific for a jury.
I had a call this morning from Bart Sharman, Producers Alliance.
He says Wallace isn't respected, but nobody thinks he's a murderer.
What is this, a trial by popularity poll? I don't know who gave the order, but Hart and Wallace were there.
One of them ordered that driver to kill Foster.
I'd bet my shoes on it.
Hart may be a candidate, but the hit man was Wallace's chauffeur.
What kind of record did he have? His yellow sheet started in the womb.
Does somebody want to tell me how an ex-con keeps a chauffeur's license? Thanks.
Six months before Foster disappeared the driver had a hearing.
Taxi and Limousine Licensing Board.
- He lost his license.
- And got it back character testimony.
- Gary Wallace? - And Leslie Hart.
God bless her.
She kept calling him what's-his-name.
Couldn't remember him, but testified for him.
Third character witness Hyland, the songwriter.
Hart and Wallace, we'll never break them.
But Hyland, we may have a shot.
Leslie asked me to do it.
Danner seemed perfectly nice.
A violent ex-con? Manners out of Amy Vanderbilt, I'm sure.
I didn't know about his record.
It was a character hearing, not a meeting of his fan club.
You have to understand, Leslie she's persuasive.
What did she persuade Foster of? I will call you as a witness.
I will ask you, why did you testify for Danner? If I find one iota of evidence, you'll find yourself indicted as a co-conspirator.
The afternoon before Josh disappeared, he asked me if Leslie was cheating on him with Gary Wallace.
Wearing tuxedos all the time, hangin' on Leslie.
He was so pathetic.
He said if Leslie was using him, he wouldn't go through with it.
- Go through with what? - He wouldn't raise more money.
He'd let the show die.
She cheats on him, and he's ready to toss away $7 million? All I know is, they're out of money, Josh disappears, and then everything's fine.
Foster disappeared and all the problems went with him.
If we can find out where Hart and Wallace got the money, we may have a motive.
Ben, I've checked the bank records Hart, Foster, Wallace, the partnership.
Which partnership? The musical, the general partners.
Find out if there's a separate account for the limited partners Foster and Wallace.
Two checks, $500,000 each, from different holding companies, deposited to the partnership account in Hart's name two days after Foster disappeared.
- Who controls the companies? - Cocaine dealer named Ketcham, - now he's into heroin.
- Cocaine, Ketcham Leslie Hart's drug bust eight years ago Ketcham was busted with her.
The money she invested in the show, the million dollars he did a deal with her, right? He's done well for himself townhouse on East 83rd.
And guess who else he was in business with? The dead chauffeur, Danner.
Let's find out who his lawyer is.
This is a discussion of his finances? Your client has the wrong friends.
Josh Foster's murder? Oh, please.
Mr.
Ketcham was in the drug business with the hit man.
Trumped up I didn't serve a day.
Neither did Mr.
Foster's girlfriend.
Leslie? I lent her some money.
There's no record she paid you back.
I'm generous.
Whattya got? Loose threads.
Which we'll turn into a rope to hang your client.
The "Bleak House" money, your client's checks the money was invested in Leslie Hart's name.
That's a Title 18 felony.
You have nothing.
Lending money isn't a crime.
Neither is having the wrong friends.
Next time you want to make my life unpleasant, do it over the phone.
I said Title 18 felony, he didn't blink.
Adam: Why not? That's what I asked myself.
A clear securities violation, he's not worried? - There's only one answer.
- Bigger problems on his mind.
He's already under federal indictment racketeering, drugs, extortion.
He gets convicted of that, he goes up for 30 years.
If I'm about to hear what I think Call the US Attorney's office Herb McCann.
Forget it, they're not doing us any favors.
Adam, please this woman uses people like Kleenex.
I don't want her to walk.
Get McCann to help us.
Oh, I tell you Elliot Ketcham? He gets a deal over my dead body.
We have a dead body with three holes in it.
into Mr.
Ketcham.
I make a deal with him, my staff guys will revolt.
I have a five-year-old case, doesn't break without him.
What's in it for me? One less defendant to convict.
You want to use Mr.
Ketcham, here's the plea.
He testifies against his co-conspirators, three federal counts, three years on each count.
- Nine years? - What are you, his lawyer? I'm not bargaining here.
Nine years.
Ketcham'll never go for that.
Yeah, that's your problem.
You want to make a deal? I'll testify for you.
The feds drop everything.
Where are you planning to retire, Mr.
Ketcham? I'm too young to think about it.
Think about Kansas.
The feds add Title 18 to your indictment, your golden years'll be in Leavenworth.
Suppose the feds'll take a plea.
- Suppose you already talked to them.
- Suppose I did.
You testify against your co-conspirators, three counts, six years each count.
Mr.
Ketcham will take his chances at trial.
You want to get back to us Stone: Make an offer.
You give us immunity on this case.
On the three federal counts, three years each, nine years total.
Nine years? It's hard to imagine the US Attorney'll settle for that.
Well, it's hard to imagine my client'll help you if they don't.
Make your call.
How long should this imaginary call take? Let 'em stew.
should do the trick.
Nine years you cooperate, it's a done deal.
Lloyd Danner calls me, says Leslie wants to move 70, 80 pounds of coke.
- She tell you why? - She wants to buy into this show, get this fat man Foster off her back.
She says if she owns a piece of it she can get rid of him.
Call Cerreta and Logan.
You know, there's a lesson in this never fall in love with an actress.
Rex Harrison said it they never stop acting.
Logan: Ms.
Hart.
Leslie Hart, you're under arrest for the murder of Joshua Foster.
- Is this some kind of a joke? - A sketch for your new show.
Will you put some cuffs on her and get her in the car? Hands behind your back, please.
You have the right to remain silent.
Anything you say can and will be used against you in a court of law Leslie and me, when we were younger, we sold some drugs together.
Now, on this occasion, five years ago, when Ms.
Hart asked you to purchase cocaine, did she tell you why? Objection calls for hearsay.
Overruled.
Utterance in furtherance of a conspiracy.
Judge: Mr.
Ketcham? Ketcham: Some people had fronted us some coke.
She wanted to put some of her own money in the show.
Otherwise, she'd have to marry this fat slob to get anything.
When the narcotics were delivered, did Mr.
Foster say anything to you? Ketcham: He was nervous, shaking.
I think this jerk doesn't know cocaine from shoe polish.
He's watchin' Leslie unload the trunk and he says real loud, "She's beautiful, isn't she? But if she did anything to hurt me, I'd call the cops on her.
" Did Ms.
Hart hear what he said? She heard, and she didn't like it at all.
Mr.
Ketcham, did you recommend that Ms.
Hart hire Mr.
Danner as a driver? She wanted muscle.
She said you never knew, it might come in handy.
Thank you.
No further questions.
Who paid Mr.
Danner's salary? As far as I know, Wallace.
Hanley: So Ms.
Hart never hired him? No.
No, not really, no.
Mr.
Ketcham, this federal indictment in your plea bargain, you agreed to how many years in prison? Nine years.
What was the maximum sentence? give or take.
You saved yourself is that an inducement to tell the truth? - Objection.
- Withdrawn.
I have no questions of this witness.
Have you ever seen the defendant, Gary Wallace, before today? About a year ago the visitors room in Dannemora.
He came to see Lloyd.
What was Mr.
Danner's mood after that visit? Pollard: Lloyd went nuts.
He said they knew he was up for parole, and they were talkin' about that he better watch his back, and not talk about the fat man if he got out.
Thank you.
No further questions.
Mr.
Pollard what crime did you commit that put you behind bars? - Dope dealin'.
- Is that all? Was there an assault conviction for beating up a 56-year-old woman? That was my sister-in-law.
Well that certainly makes it acceptable.
No further questions.
I waited for Josh to show up.
He said that they'd be there with a new investor.
Stone: At this rehearsal, were either Mr.
Wallace or Ms.
Hart present? Mr.
Wallace he said that he would be there about 8:00.
He got there about 9:30.
And Leslie showed up about a half an hour later.
Now, this conversation with Mr.
Foster, when you told him that Mr.
Wallace and Ms.
Hart were not romantically involved did he say anything? He said he thought I was lying.
Thank you.
Mr.
Hyland were you ever romantically involved with Leslie Hart? We I'm briefly, in college.
Hanley: Did you ask Ms.
Hart to marry you? Yes, I did, but Were you jealous of her other relationships? Did you speak of your jealousy in front of other people? - Are you testifying today out of anger? No, no.
I was over her.
Thank you.
No more questions.
A spurned lover wonderful.
- He didn't tell us.
- And two dope dealers better.
This isn't the style page of the "New York Times," Adam.
- Yeah.
- Scummy case, you get scummy witnesses.
- Right.
- What if I offer Hart man two? Offer whatever you want dinner in the Rainbow Room, roundtrip ticket to Paris.
If I were her, I'd wait for the jury.
Hart rolls, Wallace takes the plea, we can all go home.
Yeah? Maybe not.
If you don't put Wallace or Hart next to the gun, forget a conviction.
Conspiracy two she testifies Wallace paid the driver to kill Foster.
Ms.
Hart, I must be dumb.
You dealt the drugs, you got the money, but Wallace gave the order? It was Gary's idea.
I loved Josh.
I was a kid, for God's sake.
You loved him, but you didn't call the police? I was afraid they'd kill me, too.
Danner was afraid you'd kill him, you were afraid he'd kill you.
I think you're confusing fear with greed.
Manslaughter one.
Mr.
Wallace smells bad to that jury, not my client.
Conspiracy one.
Maybe Wallace has a better story.
Whose story is the jury gonna believe? Mine.
One ex-con, okay.
I underestimated how bad two would look.
Hyland didn't help.
"I loved Josh.
I was just a kid.
" She's a better actress than she gives herself credit for.
Without someone who saw Wallace or Hart in the car with the body We could call a medium.
The driver can testify from the grave.
Maybe he can.
Danner was paid for the hit.
His brother-in-law put Foster in the freezer.
- So? - The brother-in-law, Hunt doesn't he ask for a piece of the action? If Hunt was paid and lied to us You think he's stupid enough to leave a trail? An intellectual giant he's not.
This man cooperated.
We had a deal.
- If he told the truth.
- You never told us they paid you.
- How do you know? - Shut up.
Mr.
Hunt you knew about the hit in advance, that makes you an accessory to murder.
Paul? Two days after Foster disappeared, Mr.
Hunt deposited $10,000 in his checking account.
Lucky at Belmont? Healy: You can't prove where that 10 grand came from.
If I have to find everyone he so much as had coffee with in the past five years, I will, and I won't be in the mood to take a plea.
I wasn't there when they killed him That's enough.
Accessory to man two.
He enters the plea after he testifies.
You can get the testimony and change the plea.
You have to trust me on this one.
Lloyd and me put the body in a dumpster in the alley.
Stone: What did you tell Mr.
Danner? I said "Come back, We'll stow it in the freezer.
" Was anyone else in the car? This guy came out, didn't say anything, ran and flagged a cab.
Is that man in the courtroom today? He's sitting over there.
Let the record show that the witness is pointing at the defendant, Mr.
Wallace.
- Let the record so indicate.
- Thank you.
Mr.
Hunt, have you plead guilty to a felony in exchange for lenient treatment and your testimony today? No.
Wait a minute I have the record.
Your Honor, may we approach? A copy of the plea, as entered.
Vacated, yesterday.
- And you have a new one in place.
- No, I don't.
Are you gonna let him get away with this? With what, Mr.
Cobb? If there's no guilty plea in place, the witness answered truthfully.
No further questions.
Mr.
Hunt you testified you saw Mr.
Wallace leave the alley.
Did you also see Leslie Hart? No.
Have you ever seen her before today? - No.
- Thank you.
No more questions.
It's a good story.
It's the truth.
Criminally negligent homicide, six months.
Negligent? You left a loaded gun around and it went off by itself? Manslaughter one, six years.
Manslaughter two, two years.
Mr.
Wallace, you knew she'd kill him, you did nothing.
Accessory to man one, still six years take it or leave it.
That lunatic bitch, I should never have gotten in the car.
Wallace: We left the drugs, and started driving back to the theater.
Stone: And then what happened? Wallace: Josh looked at me and Leslie.
He said "You two think I'm stupid.
" And he called Leslie a whore, and said he was going to call the cops tell them he knew where the where the money came from.
And how did Ms.
Hart respond? She told Lloyd to stop the car.
And what did Mr.
Foster do? He tried to get out.
Lloyd blocked the door from the front.
Leslie said "Do it now.
" Lloyd shot him in the chest.
Once? Leslie said, "He's still breathing.
Shoot him again.
" And Lloyd bent over, shot him in the head.
Twice.
I begged Gary not to do it.
He told me if I said anything, he'd have me killed, too.
Did you tell Lloyd Danner to kill Joshua Foster? No.
No, I didn't.
I was in love with him.
No more questions.
Ms.
Hart you testified that you didn't know Mr.
Wallace's driver well, is that correct? That is correct.
That you had no personal relationship with him.
He was Gary's driver, not mine.
No further questions.
Anything more, Counselor? No redirect.
The defense rests, Your Honor.
Permission to call a rebuttal witness, Your Honor? The Taxi and Limousine Licensing Board always holds a hearing.
If you're convicted of a felony, you can't keep a vehicle-for-hire license.
Ms.
Radley, did you secure a recording of Mr.
Danner's hearing for the District Attorney? - Yes, I did.
- Your Honor, People's Exhibit 31.
- Permission to play the tape? - Objection! Sidebar, please.
Prosecution held that tape back.
We asked for all such records under discovery.
We never had any of them in our possession.
We made no copies of the transcripts or the recording.
He's right, Ms.
Hanley.
This is a badly drafted discovery motion.
Overruled.
You may play the tape.
Leslie's voice: I've known Mr.
Danner for more than a year.
He's a close friend.
Radley's voice: Do you wish to make a statement concerning his character? Leslie: Despite his record, I believe Lloyd to be reliable and conscientious.
I'd trust him with my life.
No further questions, Your Honor.
Mm-hmm.
Thank you.
Leslie Hart's filing an appeal based on the withheld tape.
She'll lose.
Three lovers, none of whom she loved.
They didn't even exist for her.
No one's real to her.
We're all actors in her play.
Foster didn't die, he just left the stage.