Law & Order (1990) Episode Scripts

N/A - Brother's Keeper

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.
You are so paranoid.
She was just being friendly.
She was like totally checking you out.
You say that about everybody who makes eye contact with me.
Token booth clerk tells me to have a nice day, you freak out.
Oh, yeah? Well, excuse me! Tammy? Was I paranoid about her, too? Tammy doesn't count, Tammy was a stalker.
That was her fantasy, not mine.
Oh, God! We didn't pass anybody on the way up.
They could've used the other stairs.
Yeah, we noticed those, thanks.
Look, so we know where to find you, would you talk to the officer? One shot, back of the head.
Close up, sometime within the last couple of hours.
They found the manager snoozing in the broom closet.
Delgado's bringing him out.
What about the guy that brings out the buckets? There's no buckets.
Balls come up automatically.
Tees 'em up for you, too.
Guess they figure you'll buy more balls that way.
ID? Struggle? Not so as you'd notice.
Must have snuck up behind him, caught him unawares.
First thing they teach you.
Keep your eye on the ball.
James Malloy, 38, Nice address.
Picture of the wife and kids? Nope.
Just a driver's license and some business cards.
He's the president of Medi-One, medical and surgical supplies.
Clean head shot, and he wasn't even an organ donor.
Selfish bastard.
DELGADO: Name's Art Bilson.
Says he's been asleep the last four hours.
Whoa! What happened to him? BRISCOE: You know this guy? Mr.
Malloy.
Semi-regular, couple Three nights a month.
What does this camera do? It records your swing so you can see how bad you are.
ED: You know how to play it back? BRISCOE: Not bad for a weekend duffer.
Could keep his right elbow tucked in a little better.
BILSON: Whoa! Gruesome, man.
You know security's only as good as the guy who's supposed to be watching the store.
I know.
I know.
I screwed up.
I can't believe this is happening to me.
I'm gonna lose my job.
I was just gonna lie down for five minutes, take a little nap.
Yeah.
You're a regular Rip Van Winkle.
Who? Another guy who took a little nap, woke up and didn't know where he was.
Yeah.
So, what about our sleeping beauty? Clean sheet.
Knew Malloy was a regular, that's about it.
This is from the security camera at the front exit.
There's our guy.
VAN BUREN: Leaving.
BRISCOE: He must have gone in another way.
I can't make out the medallion number.
Maybe the lab can.
Did you recover the bullet? .
22, it's in pretty good shape.
Now all we need is a gun to go with it.
We should be so lucky.
All right.
Let's find out who didn't like Mr.
Malloy.
He comes.
He goes.
He minds his own business.
He tips large at Christmas.
What else do I need to know? He live alone? Define alone.
Roommates, girlfriends, significant other? He was a player, you know.
I mean, steady stream of woman.
In and out.
Girlfriends or hookers? If they were hookers, they were high class.
Any of them strike you as the jealous type? I never saw anybody storm out mad.
All I know's how to open the door, hold an umbrella, hail a cab, and smile at the tenants.
You know how to open the door to his apartment? This guy had a different girl for every day of the week and two on Sunday.
Coke or junk? It ain't talcum powder.
Motive.
A jealous woman, or her husband, or a ticked-off drug dealer.
Forget that, I think we just hit the mother lode.
What is it? Our boy Malloy with Cally Lonegan.
Cally Lonegan? Last of the Westies? Yeah, so what's a respectable bedpan dealer like Malloy doing with the scum of the earth? I don't know.
But here's a letter to Malloy from the D.
A.
's office asking him to come downtown for an interview.
About what? One of his buyer's complained Malloy's company defrauded them.
Complaint name's Malloy and his partner.
Let me guess.
Cally Lonegan? You got it.
I don't know why they're complaining about a little fraud.
With Lonegan in the picture, they're lucky they're not burned to the ground and left for dead.
BRODY: The complaint by the company was that Medi-One was charging for quality goods and delivering substandard medical equipment.
Once we found out Cally Lonegan was Malloy's silent partner, we got real interested.
Well, still, it seems like pretty tame stuff for Lonegan.
Lonegan seems to have gone semi-legit in the past few years.
Emphasis on semi.
I guess mayhem and murder lost their appeal.
You going to be able to nail him? Not looking good.
The store stopped cooperating with us a couple weeks ago.
Mmm, I wonder why.
RANDALL: We're not pursuing the complaint.
We're persuaded Medi-One made an honest mistake, and their taking the necessary steps to correct it.
Oh, yeah, who persuaded you? We discussed it with the company rep.
Did you ever deal with James Malloy directly? We've been buying from him for several years.
But he only recently started ripping you off? I told you, it was an honest mistake.
Misunderstanding.
For God's sake, Curtis, tell them the truth.
You don't, I will.
It started last spring.
Jim Malloy told me he had taken on a new partner, and they were changing suppliers.
And suddenly you were paying through the nose for leaky IV's? I complained to Jim, repeatedly.
When that didn't work, I threatened to take our business elsewhere.
And then, one day, the door opened And in walked two baboons in chinos and polo shirts.
They never mentioned Medi-One.
They never made a direct threat.
ED: But you got the message.
Loud and clear.
ED: Malloy started Medi-One four years ago and struggled to stay afloat until last April.
When Cally Lonegan suddenly entered the picture.
There was an immediate influx of capital, sales skyrocketed.
I'm sure Lonegan's salesman were very persuasive.
We took the Medi-One records to a CPA.
He says it looks like Malloy got greedy a few months ago and started skimming off the top.
Cheating Lonegan? Bad idea.
I'd say fatal We think it's time to talk to Cally.
Well, no doubt he's the kinda guy who'd handle it himself.
But let's check with the lab first, see if they were able to get anything off that security video.
All right.
The digits of the medallion number were too small and image was dark and kinda blurry.
So we blew it up and enhanced it.
Here we go.
ED: 9K19.
I remember him.
He looks like he's got blood on his jacket.
I ask if he's okay, he tells me mind my business.
Where'd you drop him off? West 50s somewhere.
You can check my log at the garage.
You recognize any of these men? This man.
Guess who? Where you from, Sebastian? Sierra Leone.
Really.
Whereabouts? Falaba.
Well, that's near the border, right? You know my country.
My father traveled and I went and stayed with him once on the coast in Freetown.
My capital.
You got family back there? My mother and little brother.
Maybe you should go visit them for awhile.
The D.
A.
can bring you back when they need you.
I can't go home.
My father and two sisters were killed by the rebels.
They chopped my brother's hands off.
You can't get them out? I work all the time to bring my mother and brother here so they're safe.
But it is hard.
This guy is Cally Lonegan.
He's a gangster.
If he finds out you can identify him, he'll come after you.
How will he know unless you tell him? Thank you, I will be careful, but I must work.
Cally here? You don't gotta badge me, I can see you're a cop.
What do you want with Mr.
Lonegan? CALLY: It's okay, Buddha, send them over.
Buddha? You gotta admit he does have that enlightened look about him.
I know you.
Wait a minute.
Don't tell me, I'll get it.
You collared me, long time ago.
I was a kid.
47th Street and 12th Avenue.
I was walking a beat in Hell's Kitchen.
And you were playing with matches for fun and profit.
Hey, like I told the judge at the time, I just happened to have that gas can in my hand.
You waltzed in, slapped the cuffs on me, and put me in the paddy wagon.
I guess you can't say paddy wagon anymore, huh? Politically incorrect.
That's cute, from arson to murder.
Your friend doesn't understand the lubricating value of small talk, does he? What can I tell ya, he's a social liability.
Just for fun, Wednesday night, where were you from, say, 9:00 on? The night Jim got whacked? Guy was making me a pot of money.
You think I'd take him out? You'd take out your grandmother if she was cooking the books.
Jim was on the fiddle? I did not know that.
That's disappointing.
I'm gonna ask the question again.
Where were you on Wednesday night? You're gonna love this, fellas, I guarantee.
You're gonna plotz.
We were on Lonegan from around Dragged our butts all over Queens.
Why were you tailing him? He piques our interest from time to time.
If you were tailing him, you must've lost sight of him occasionally.
Couple minutes here, couple there.
Not long enough for him to get over to Manhattan, do some guy, and make it back to the Starlite Diner in time to have a feta cheese omelet, which is what he had.
BRISCOE: You know he made you.
Doesn't matter, it was an open tail.
So where'd he go? I mean, besides the Starlite Diner? We need to check upstairs before we could tell you that.
BRISCOE: Why are the Feebs so interested in Cally Lonegan? I'm sorry, I can't tell you.
You understand about compromising an investigation.
So, I guess our witness was wrong.
You know, the one who went straight to Cally's mug shot, the one who saw blood on his jacket.
Who's your witness? We wouldn't want to compromise our investigation.
You understand.
INNES: Yeah.
But your witness is mistaken.
Trust me, Cally Lonegan was nowhere near the Hudson Piers the night James Malloy got clipped.
VAN BUREN: How sure is your witness? ED: Very sure.
Two FBI agents against a cab driver with an accent? I can't take that to the D.
A.
What else? Well, apparently Malloy was somewhat of a ladies' man.
Eight days a week.
And a recreational drug user.
Both good areas for motive.
Well, what about our witness? Look, I'd like to take Cally Lonegan down, too, but he cannot have been in both places at the same time.
FBI says he wasn't there, he wasn't there.
Move on.
Jim and I split last summer.
The business started to take off, the money went to his head.
And various other body parts.
We were 19 when we got married.
I guess he thought he missed something.
Don't we all.
Do you know your husband's business partner? By reputation, but I never actually met him until he and Jim hooked up.
He saved Jim having to close the business.
I'm afraid we're gonna have to ask you to look at some photos that we found at your husband's apartment.
So this was Jim's harem, huh? This one.
Mr.
Lonegan threw Jim a party last spring to celebrate their new partnership.
She was there.
You know her name? Margaret something, foreign-sounding name, maybe Eastern-European.
Did you talk to her? For a few minutes.
I remember, she was excited, she'd just gotten a new job doing windows at a boutique in Chelsea.
BARDO: Margaret Sikorsky.
But you're looking in way the wrong place for her.
How so? Margaret left us rather abruptly about 10 days ago.
Where'd she go? Margaret Sikorsky, Death resulted from a lethal combination of high-potency cocaine and several prescription drugs.
I can give you a copy of this.
So, how'd she get here? Same as everybody, she died.
Thought you of all people would appreciate that.
Who claimed the body? Well, her parents live in Oneida.
We tracked down an uncle who's local, he came for her.
Uncle got a name? Cally Lonegan.
Now that one I appreciate.
VAN BUREN: So, all roads lead to Cally.
What's the story on the niece? Margaret Lonegan, Cally's brother's daughter.
Sikorsky's her ex-husband.
Yeah, brother's name is Donald.
He and his wife live in Oneida.
What do we know about them? Apparently, he's the exact opposite of Cally.
Used his brains to get an education and built himself a legit career.
VAN BUREN: Doing what? Tenured professor at Oneida University, math.
You talk to him? Nope, he's at a conference in Amsterdam.
We talked to his wife.
According to her, Donald and Cally don't have much to do with each other.
They haven't for decades.
Was Cally close to the niece? ED: Neighbors say he hung out with her occasionally.
BRISCOE: Close or not, she was family.
Somebody's gonna have to pay for her death.
Well, how do we know she was getting her drugs from Malloy? We tracked down three of the women.
They all said Malloy was pushing drugs on them, so why should Margaret be an exception? Cally must've known that Margaret was getting her drugs from Malloy.
He would have blamed Malloy for her death, and blamed himself for introducing the two of them.
Only one way to make that right.
You know, to get that theory to fly, you're gonna have to shoot down a pair of FBI agents.
Well, maybe they're just covering their asses.
It wouldn't be the first time some cop said screw it, and went to have dinner, instead of doing his job.
Yeah, well, make sure you don't step on any sore toes.
You know how sensitive the Feds are.
I've supervised these gentlemen for two years.
They're not slackers, and they're not liars.
Look, we have approached this murder from several different directions, and they all lead to the same place, Cally Lonegan.
Then you're missing something.
I'm not criticizing you, and nothing would please me more than Cally's head on a silver platter, but it's a non-starter.
I really wish we could help.
Then help.
Let your agents tell us where Cally went that night.
According to them, he knew they were following him, so there's no downside for you.
That's my call, and I think there may be.
Sorry, but we've been working Lonegan too long to take any chances.
INNES: And I'll say it one more time, Lonegan couldn't have done it.
He wasn't there.
Then tell us where he was.
Queens.
ED: Where in Queens? All you gotta know is it wasn't the Hudson Piers.
I think you know more than that.
And I think I don't like being called a liar.
TOBIAS: We're all frustrated with this situation but there's no reason to get upset with each other.
(CELL PHONE RINGING) We're all on the same side.
Yeah, Green? Yeah, we'll be right there.
News? My cable guy One shot, back of the head, close range.
Wallet's missing but the hack license says he's Sebastian Waziri.
Yeah, we know.
You get a slug? On the way to ballistics.
It's been a while since we had a robbery-murder of a medallion hack.
It's a tough break, huh? Could've happened to anyone.
It's the luck of the draw, I guess.
Is that what you figure, idiot? Hey.
No offense, kid, this one's personal.
I just It wasn't a random robbery.
It wasn't a tough break, and it wasn't a bad piece of luck, so just keep your mouth shut.
BRISCOE: Ed, lighten up.
It's not his fault.
Work to the wise, Grady.
Sucking up only works with captains.
Bad idea, Detective.
Lennie, get out of my way.
Come on.
You guys look like you need couples counseling.
Where were you three hours ago, Cally? CALLY: Right here.
Plenty of witnesses.
Buddha? All day.
Yeah, right.
Hey, hey! If you can't trust a guy named Buddha, who can you trust? Come on.
You guys in a hurry? How about a cappuccino on the house? Let's get in the car.
That cabbie was working double shifts so he could get his family out of a war zone.
I sympathize.
I know what it is to sacrifice for your family.
Who told you who the witness was? I don't know the gentleman to whom you're referring.
Who told you who the witness was, Cally? Like I said, I don't know what you're ranting about.
Settle up, because you're done.
Settle up, believe that! You threatening me, Detective? Drop by any time I'll run you a tab.
Cally, don't push it.
(CAR ENGINE STARTING) BRISCOE: They're both .
22s.
JOHNSON: Yeah, but not from the same gun.
The bullet that killed James Malloy wasn't fired from the gun that killed your cab driver.
Sorry.
(SIGHS) Can't catch a break.
JOHNSON: I did find something.
The second bullet, the one that killed the cabbie, I ran it through the database.
It matches one from an open case six years ago.
I pulled the file.
Well, well, well.
You're a prince.
ED: What is it? Six years ago, this low-life named Patrick Delahunt got this himself knee-capped.
Now, the slug that they pulled out of Patrick's knee matches the one that killed Mr.
Waziri.
What's the connection? Patrick was part of Cally's crew.
Cally suspected him of being a snitch.
Delahunt told the cops he shot himself accidentally.
That was then.
What does he say now? Nothing, he got himself killed in a bank robbery shootout in '97.
So Delahunt's not around, but the gun that knee-capped him still is? Well, a little in-house discipline, Cally probably wouldn't necessarily get rid of it.
You know, it's a sentimental attachment.
You can bet that gun's in the bottom of the harbor now.
Now here's the thing.
Over the years, Cally has been arrested 23 times.
Arson, fraud, murder, rackets, you name it.
Right.
So he's a thug, what's your point? Over the last six years, he's been the prime suspect in three felonies, including the knee-capping incident, and he hasn't been arrested once.
Guess why? .
96 Truck hijacking, driver ID'd Cally and one of his boys.
Case determined to fall under interstate commerce laws, jurisdiction awarded to the FBI.
'98.
Armored car heist with violence.
Pistol-whipped the driver.
And when the driver came out of the coma He ID'd Lonegan, and once again the FBI took over the case.
We checked.
Our boy walked.
Not a scratch on him.
I'll be damned.
The FBI is covering for Cally's sorry ass for everything up to and including murder.
The FBI's got two agents tailing Cally Lonegan and they won't tell you why.
Didn't even like us asking.
Protecting him from prosecution on hijacking and armed robbery? Funny way to build a case.
Maybe the two agents are in bed with him.
They're playing both ends against the middle.
It's possible they're on the pad.
Briscoe and Green are checking their bank accounts.
My guess is the FBI's running Lonegan and doesn't want to say.
Or it could be these two agents are using him for their own personal Cl.
Innes and Washington are using Cally as their own confidential informant and they're not telling their bosses? Using him to advance their careers.
He throws them some juicy tidbits and they fix his parking tickets.
How sure are we that Lonegan is the murderer? Well, if he didn't kill Malloy, why kill the cab driver? We can't prove that he did.
CARMICHAEL: Well, it's all inferential.
You don't have enough for an indictment on either killing.
JACK: With the cabbie dead, we may never be able to tie Lonegan to Malloy's murder.
We'll tie him to it.
Green is taking Mr.
Waziri's death very personally.
So I thought you might have a quiet talk with the U.
S.
Attorney, find out what's up with the FBI.
I don't want to talk to anyone until we know who we can trust.
First thing, you build us a solid case on Waziri's murder.
Meanwhile, we'll nose around about Lonegan and the FBI.
Yeah.
Any smoking guns? Agent Innes' credit card statement for last month.
I found one item worth highlighting.
Check the date of the transaction.
The night Mr.
Malloy was killed.
Innes and Washington told Briscoe and Green they were trailing Lonegan in Queens that night.
So why is there a charge at a restaurant in Brooklyn? Let's make sure it was Innes using the credit card.
Can you scrounge up a photograph? Hmm.
Innes and Washington arrested Benny Gambese six months ago.
They got their picture in the paper.
I knew those two guys were cops.
You can always tell.
It's the shoes, you know? You're sure it was the 14th that they were here? That was the night I had to work two extra stations because Anita didn't show up.
I mean, I know she's got a sick retriever and all, but honestly, have some consideration.
Do you remember what time they left? Yeah, they all left together around 8:00, 8:15.
They all? There were three of them.
But I know the other one wasn't on the job.
How can you be sure? Trust me, doll.
No cop ever left me a $50 tip.
Can you describe the third man? Yeah, big, tough, laughed a lot.
You know the type.
Big Irish galoot.
Catch his name? Carl Kevin Cally? Could be.
Do you remember what they were talkin' about? Yeah, he and the white cop were waxing nostalgic.
You know, yukking it up about the good old days at MacArthur High.
Those two were quite a pair when they were here.
Wasn't anything they weren't into.
Such as? Legend has it, they stole the principal's desk one time.
Carried it right out of the school.
Why? Well, principal had expelled one of their friends the week before.
I know it sounds juvenile, but it sure showed something to the rest of the kids.
That they were thieves? No, that they would stand up for their friends.
Including Ron Innes.
Oh, especially Ronnie.
I don't think there was anything they wouldn't do for one another.
CARMICHAEL: FBI agent, and a career criminal, best friends since childhood.
Nice relationship for Lonegan, but what's it to Innes and Washington? Well, if Lonegan is paying them off, they're not spending it in an obvious way.
But I'll keep digging.
Hey, we got search warrants from Judge Daniels.
We went to Lonegan's house.
We got an overcoat with a little bit of blood on it.
Now the lab says that it matches Waziri's blood type and they're sending it down for DNA.
BRISCOE: We also found four handguns.
We sent 'em over to Ballistics.
I don't suppose one of those guns will turn out to be the murder weapon.
I wouldn't hold my breath.
CARMICHAEL: Were the guns registered? (CHUCKLES SARCASTICALLY) Was Lonegan there when you searched? ED: I wish.
But you got nothing tying him to the Waziri murder? I didn't say that.
We got a witness.
She picked out Cally's mug shot, she said she heard what she thought was a backfire and she saw Lonegan getting into a black town car.
Does he own a town car? BRISCOE: A fleet of 'em.
Did she get a plate number? BRISCOE: Not even a partial.
We don't want another dead witness.
We got her under wraps We can't keep her there forever.
JACK: Then let's buy ourselves some time.
Find Lonegan and arrest him, for weapons violations.
Hey, Buddha, don't you ever get bored sitting in the same spot day after day? No.
You know, come to think of it, I do get kind of a peaceful feeling being near you.
It must be your aura.
Lonegan in the back? Any of your business, no.
Why don't you ask the FBI.
Where is he? They picked him up couple hours ago.
I don't know how many ways I can say it, Cally Lonegan is not in our custody.
JACK: Don't stonewall us, Mr.
Tobias.
Where'd you get your information? That's it.
We're taking this to the U.
S.
Attorney.
I'll call her right now.
We're going to find out who's dirty in this office, Mr.
Tobias.
Wait.
Nobody's dirty.
Cally Lonegan's an informant, best we ever had.
You don't seem surprised.
Well, that's what we thought was going on.
So you're not building a case against him, you're running him.
You read the papers.
You know we've eviscerated three mob families in the last six years.
Couldn't have done it without Lonegan.
So he gets a free ride on murder? That's your idea of an acceptable arrangement? No free pass on homicide.
My men assure me Cally hasn't killed anyone.
Your men are wrong, Mr.
Tobias.
Or worse, they're covering for him.
Where's Lonegan? I'm telling you, we don't have him.
Cat's out of the bag now, why would I lie? I want to talk to Innes and Washington.
Your cops can't find Cally, what's it got to do with us? Mr.
Washington? Ron and I didn't see Cally this morning.
CARMICHAEL: Where were you? Stakeout, JFK.
That right, Mr.
Washington? What the hell's going on here? I don't care if he is your guy.
I'm not tanking my career over that thug.
I was at the dentist all morning.
I cracked a filling last night.
I don't know where Ron was.
Where were you, Mr.
Innes? Do these people have any idea what Cally's done for us? That's he's risked his life a dozen times.
He's worn a wire to a family sit-down.
You know the kind of courage that, that takes? Benny Gambese, he'd still be walking around out there sticking his finger in our eye if Cally hadn't put his ass on the line.
So Lonegan gets to commit the crimes that Benny Gambese goes to prison for? Lonegan has given us a lot more than he's gotten away with.
The balance sheet isn't even close.
We owe him.
This is crap.
Cally didn't kill Malloy.
It never happened.
If he didn't kill Malloy, why'd he kill the taxi cab driver? Who says he did? A witness can put him at the scene.
The slug matches a slug from the gun he used to kneecap Patrick Delahunt six years ago.
JACK: You knew about Delahunt? Yeah.
Then you know what we're telling you now is true.
Where is he, Mr.
Innes? I don't know.
Did you tell him an arrest was imminent? This comes out, Gambese finds out who gave him up, Cally's a dead man, you know that.
You're a good agent, Ron, don't screw up your life.
No, it isn't right.
It's compromising an operation.
JACK: He's using you.
You don't know a damn thing about it.
Six years ago, whose idea was it for Lonegan to become an informant? I don't remember.
We were talking and, uh, it came up.
What was the quid pro quo? We fixed a problem for him.
CARMICHAEL: The Delahunt shooting? Yes.
And the truck hijacking two years later? And the armored car robbery after that? JACK: You can't fix two murders for him, Mr.
Innes.
For the last time where is he? I got no idea.
Ron? No.
I got nothing more to say on the subject.
This is how we repay people who help us? We hang them out to dry? (SIGHS) The police have any leads on Mr.
Lonegan? Nobody in his neighborhood's any help.
Most of them think he's Robin Hood.
We checked with the neighborhood precinct, none of the cops have seen him.
Family? Never married.
Mother has Alzheimer's.
The only other immediate family is a more or less estranged brother.
Where is he? Oneida.
I'll check with the Oneida PD.
Nora, if he's up there, I think Briscoe and Green would wanna be there when he's brought in.
Put them on the next flight.
According to his colleagues at the university, Donald Lonegan's well respected, lives a quiet life.
Neighbors say he and his wife took their daughter's death hard, but, hell, who wouldn't.
We heard he doesn't have anything to do with his brother.
Cally was here for the girl's funeral.
Other than that, nobody remembers ever seeing him before.
What about since? Funny you should ask.
He came to town again middle of last month.
Hmm.
Around the same time Malloy got shot.
(DOORBELL RINGS) Yes? Cally Lonegan here? Hey, you guys got the wrong address.
Donut shop's down the street.
Let's go.
Hands behind your back.
Whoa.
Whoa.
Sorry, doll, they just can't get enough.
It's not my fault if they love me.
We also have a search warrant.
You're under arrest for possession of illegal firearms.
You know, it's funny how much smoother this goes without the FBI around.
We had no idea the police were looking for him.
Not that I'm surprised.
My sister-in-law never liked me.
Go figure.
Exactly.
I don't know what the problem is, I'm a fun guy.
Hey, Ed, blue parka.
Cally? What the hell's going on here? Oh, boy.
So it's a real mess.
They look so much alike, it's spooky.
Do we have a favorite? Donald Lonegan's never had so much as a parking ticket.
There's nothing in his past that points to him.
On the other hand, it was his daughter who was presumably being avenged the night Malloy was killed.
JACK: But the motive works equally well for either one of them.
Avenge the daughter, silence the witness.
Where's Cally Lonegan now? In Rikers, awaiting arraignment on the weapons charges.
He's clearly a flight risk.
Make sure the judge denies bail.
Well, it's Judge Constantine.
She allows bail for everything under murder two.
Can we charge him with that? Well, the DNA results came in this morning.
Inconclusive.
Mr.
Waziri can't be excluded, but neither can thousands of other people.
What about Donald Lonegan's parka? The dry cleaner said they removed a stain, might've been blood.
Who brought the coat in? One of the two brothers.
She wasn't sure which.
The day after Malloy's murder.
If it was Cally, I'm sure we can find a witness somewhere that can put him in Oneida that day.
We have one more avenue.
The witness from the Waziri's killing.
Donald Lonegan agreed to join a lineup with his brother.
Well, of course he has.
Because if the witness can pick one brother out, the defense attorney can have a field day pointing the other brother out to the jury.
It's what we've got.
This how your people amuse yourselves? You can see why we asked you to take your time.
The man I saw is number four.
CARMICHAEL: How can you be sure? I was a nurse for 20 years.
I notice certain physical indicators.
Yeah, number one and number four look alike.
And number four's been a hard drinker most of his life.
Probably ought to see a doctor about his liver.
Thanks, Miss Landers.
You got your collar.
LAWYER: The weapons charges are bogus.
Now you're charging him with murder? Based on what? A witness saw your client leave the scene of Waziri's murder, right after the gunshot.
There was also blood on his jacket, that's arguably the victim's, and a compelling motive that any jury can relate to.
Eyewitness testimony's been discredited so often, it's worthless.
A speck of unidentifiable blood on his jacket, excuse me? And your so-called motive, that won't stand scrutiny.
The case is strong enough for us to go forward.
My client will plead guilty to technically violating firearms laws, no jail time.
Murder charges will be dropped.
No.
Well, then go ahead, do what you have to do, Mr.
Lonegan's not pleading to crimes he didn't commit.
What's your offer? Cally? Back off, Kevin.
What's your offer? I'm not sure we have one, Mr.
Lonegan.
Come on.
Never met a D.
A.
in my life who didn't have an offer in his briefcase and another up his sleeve.
Stop it.
They've got no case.
What's your offer? You're willing to plead to both murders? I am.
CARMICHAEL: Top count? CALLY: Maybe.
Oh, leave it alone, Kevin.
Well, Mr.
McCoy? We'll get back to you.
(KNOCKING ON DOOR) Cally Lonegan has fought every charge that has ever been brought against him.
He enjoys the game.
When Mr.
Waziri ID'd Cally from that six-year-old mug shot, was he seeing Cally now or Cally six years ago? In other words, was he seeing Cally or Donald? Exactly.
You think Cally's trying to take the rap for his brother? His offer to plead makes me think so.
But don't forget about the witness who picked him out of the lineup.
I'm not.
Cally clearly killed Mr.
Waziri.
Let's find out where Donald was when Mr.
Malloy was killed.
Dr.
Lonegan said he needed to spend some time with his wife who was really upset about their daughter.
He asked me and his other T.
A.
to take over classes, office hours.
Do you know if they went anywhere or if they just stayed home? I think he said he was taking her to their cabin in the Adirondacks.
And did he? I assume.
When he came back to class, he was subdued.
It was like he was having trouble just keeping his head above water.
Who can blame him? CARMICHAEL: Donald Lonegan's caretaker says he hadn't opened the cabin all season.
Well, could the Lonegans have been there without his knowing? Yeah.
It's possible.
But the caretaker said the water was still turned off and the pipes were drained.
Ugh, I see a hotel slog looming.
Whichever Lonegan killed Malloy, he took a cab from the Hudson Piers.
So if it was Donald, if he was in the city, if he stayed at a hotel, it had to have been outside walking range.
Okay, I'll put as many men on it as I can.
Oh, also, there were no hotel charges to his credit card, so it had to have been a cash transaction.
If he was here at all.
I'm sorry, Anita, that's the best I got.
I'll see you later.
Thanks.
Guy comes down from Oneida to whack somebody, he's not gonna wanna be noticed.
Probably takes the train.
Yeah, which puts him at Penn Station.
He's not gonna wanna see the sights, either.
So let's figure he checks in someplace nearby.
Say within a 20-block radius of the station.
Uh-huh.
And nothing too fancy.
Even if he pays cash, those places are gonna want an imprint of his credit card for the deposit.
Which he doesn't want to happen.
But a college professor's not gonna rest his head at some hooker hotel.
Well, he'd pick something clean and sensibly-priced.
That oughta narrow it down considerably in this city.
Hotel clerk's sure it was Donald? It's our first lucky break.
Donald paid cash and signed in under an alias, but when the clerk asked to see some ID, the name on his driver's license said Donald Lonegan.
She said he turned purple.
That's the only reason she remembered his name.
She just figured he was cheating on his wife.
So Donald killed Mr.
Malloy, and Cally killed Mr.
Waziri to keep him from testifying against Donald.
It looks that way.
Now we need to know how Cally knew about Mr.
Waziri.
I know where I'd put my money.
Twenty-one years in the Bureau.
This time next week, I'll be sitting in a guard shack at a construction site if I'm lucky.
Whose fault is that? Not to mention your charges against me.
We're willing to drop them.
In exchange for? How did Cally know about Mr.
Waziri? You know what they say about cops and criminals.
A lot in common.
It's especially true in our neighborhood.
I can't tell you how many times Cally took my back, me and every other kid where we lived.
What about his brother? Cally protect him, too? Are you kidding? Donnie? Donnie was his special project.
Cally made it a crusade to see his little brother got out of the neighborhood.
He didn't want him to become a criminal or a cop.
Listen, um, I got no illusions about Cally Lonegan, who he is, but we used him as much as he used us.
And when I put a man in harm's way and that man does his job that counts for something in my book.
Enough for you to tell him about Sebastian Waziri? Cally is going down, Mr.
Innes, there's no reason for you to go with him.
It looks like you have your own family to think about, Mr.
Innes.
Cally was with me and Washington that night, having dinner when Malloy got clipped.
I just wanted to warm him that the cops were looking at him, that he should mind his P's and Q's.
It never occurred to me that his brother was involved.
I didn't know his niece was involved with Malloy.
Cally must have asked Donald who the witness could've been, and zeroed in on the cab driver.
But you did tell Cally that he was about to be arrested on weapons charges.
He wasn't running when he went up to Oneida.
He just wanted to talk to his brother while he was still free.
To get their story straight.
You understand you can have an attorney present, too.
You don't need a attorney, he didn't do anything.
Is that true, Professor Lonegan? CALLY: I killed Malloy, and I killed the cab driver.
The cab driver? The man who had the misfortune of picking you up after you shot James Malloy.
JACK: An African immigrant working double shifts to bring his family to safety.
While you were busy avenging your daughter, you deprived a mother and her children of their last hope.
He didn't avenge Margaret, I did.
Do you really think you can go back to Oneida, back to the university, back to your old life, teaching math to undergraduates, and pretend that none of this ever happened? Professor Lonegan? I told you he had nothing to say.
Cally, I can speak for myself.
You don't know how the game is played, Donnie.
Maybe it's time I learned.
Maybe it's time you shut up.
Did I ever ask you for anything, all these years? Did I? Yeah, plenty.
Every time Pop came home drunk and you hid in your room with all those books, what did you think we were doing down there, rearranging the furniture? All you had to do was leave her alone.
I am sorry about Margaret more than you will ever know.
But you ain't gonna throw away what we done together because you feel bad.
She was my daughter, Cal.
It's one thing killing the man you blame for your daughter's death.
I killed Malloy.
He was doing my niece, stringing her out, she OD'd on his junk.
Besides, he was ripping me off.
But your actions resulted in the murder of a completely innocent man with a family of his own.
CARMICHAEL: How can you live with that? How will you sleep at night? CALLY: Don't make it all mean nothing.
Don't end up in a cage.
You owe me that much.
I did both murders.
If you're convinced Donald Lonegan killed Mr.
Malloy, you can't charge my client with that crime.
JACK: We don't intend to.
We have two FBI agents who will testify that Cally Lonegan was having dinner with them when Malloy was shot.
You know, as much as it pains us to say it, your alibi is iron-clad.
We're keeping the case open.
So go back.
Go back, Professor, and wonder, every time the doorbell rings if it's the police coming for you.
They got nothing, Donnie.
Just get outta here.
Your client will be arraigned for the murder of Sebastian Waziri tomorrow.
We're finished here.
Save the state a lot of money if you let me plead to both.
Not an option.
Cally? Take it easy, kid.
Regards to Mary.
You want to do the press conference as soon as Cally Lonegan's arraigned? Abbie just went to check with Corrections to see if he's been produced yet.
I want to be able to tell them that we're close to charging his brother with Malloy's murder.
On what evidence? We can't match the gun.
Our only witness is dead.
And Donald's not giving it up.
But we're not closing the case.
No, we're continuing with our investigation.
Is he here? Cally Lonegan will not be arraigned this morning, or any other morning for that matter.
He was found in his cell, at Rikers, dead.
He was stabbed.
Why the hell wasn't he in protective custody? He refused it.
Whoever put the knife in, Benny Gambese is the one who ordered it.
And Lonegan had to have known it would happen.
Brotherly love.