Law & Order (1990) s07e02 Episode Script
ID
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.
He wants to video-conference New Zealand? Great! Why do we have to come in at 6:00 a.
m.
To stand in the back and wave.
I mean, they don't have to come in early.
They're staying late.
It's 1:00 a.
m.
In Auckland.
No, they're across the date line.
It's 1:00 a.
m.
Yesterday.
What's the rush? Actually, it's 1:00 a.
m.
Tomorrow.
So we're already too late.
I just got out of bed for nothing.
Oh, my God.
No purse.
No identification.
No clothes.
But it is a nice compact crime scene.
We're gonna have to take numbers.
Rey, what do you see? Looks like a bullet went in behind the ear.
No exit wounds.
I make her 25, maybe a little older.
Can you roll her prints now? We gotta get started on the ID.
Sure.
Soon as somebody leaves.
I got you some Polaroids.
Pretty life-like.
Other fellow said you wanted the sign-in log.
Oh, thanks.
So, what time do you start using this? Anybody comes in the building after 8:00 p.
m.
, he has to sign in.
All night till How about signing out? They never have to sign out.
So if she came in before 8:00 last night, you'd have no record of her? Not unless she walked in like that.
Then somebody might remember.
Thanks, and if the shooter came in before 8:00, wouldn't be any record of him either.
Well, at least one of them probably worked here.
You got Polaroids? Yeah.
Excuse me.
How many offices are there in this building? Four hundred and seven.
Four hundred and seven.
I'll cancel lunch.
The M.
E.
Had a look at your Jane Doe.
She died sometime last night.
Shot in the head with a.
25.
They happen to say which.
25? We ran down the names on the night sign-in.
Only two women.
We reached them both by phone.
How about the killer? If he signed in, he didn't mark his name with a star.
Her prints don't come up with a hit.
There's nothing at Missing Persons.
So you've got two weeks before the M.
E.
Ships her off to potter's field.
To be buried by convicts, six to a grave? Young woman like that, somebody's gonna come looking for her.
You gonna sit and wait for them? Hey, we'll knock on doors.
She came to that building to see somebody, or somebody came to see her.
Four hundred and seven doors? Start with the elevator.
You know, people don't appreciate what kind of improvements we've made.
Hey, used to be you'd ring to go down at lunch time and you'd wait around for 10 minutes.
That CPU monitor the system? Now the elevators are smart.
They know exactly where to be at noon.
Yeah, the Stage Deli.
What we need to know, Mr.
Perkles, is where that elevator That car.
Car three.
Where car three made its last stop before it went down to the lobby with a body in it.
Well, the car doesn't remember where it was.
But I got my COS Car Out Of Service program.
You see, whenever an elevator isn't called for 10 minutes, it times out until it's called again.
Let's see, car three timed out at 3:07 a.
m.
Went back on line at 4:02.
Down button pushed on thirty-one.
4:02 a.
m.
My God.
That's what she looked like, huh? After? Do you remember seeing her last night? No.
No, I don't think so.
What about your boss? Well, Mr.
Mack's in Tampa.
He left Monday.
Did you see anybody up here last night? I left early.
Right.
Your boss is in Tampa.
Thanks.
Four hundred and six.
The music publisher was closed yesterday.
Jewish holiday.
Bookkeeper didn't recognize the picture.
There are five lawyers in 3128.
They want the name of the next of kin so they can sue the building for inadequate security.
Nobody home.
Let's ask the neighbors.
Oh.
Uh They're back.
May I? No, it's my friend, Brenda.
She loves policemen.
Yes, I'm a detective.
No, the other one's the cute one.
It's Brenda.
She'll call you back.
Who has the office across the hall? His name's Maslin.
But he's not very friendly, though.
What does he do? He's a CPA.
But he's got lots of women going in and out of that office, you know? Good-looking ones, too.
Why don't you go ask him? He's not in.
Really? That's odd.
He's always in by now.
I'm leaving on vacation.
It's not that complicated.
So, getting ready for your trip and all, you didn't happen to work late last night, did you? Yes.
I was catching up on quarterly tax reports.
I'm an accountant.
Right.
That's why so many beautiful women come to visit you.
My accountant, Manny Loper, has to beat them off with a stick.
I do a lot of models.
Their taxes.
I got one from the Mason Agency, and she told her friends.
Not a lot of CPAs know when mascara is allowable as a business expense.
I've got a plane to catch.
We're just wondering, how come you didn't notice the elevator you took to the lobby had a naked dead girl lying on the floor? No, it didn't.
You rang the bell at 4:02 a.
m.
Car three responded.
Car three was the one with the body in it.
You know all that? Oh, yeah.
You see, nowadays elevators are very smart, Mr.
Maslin.
People don't appreciate it.
My God.
She must have been in the first elevator.
What do you mean, the first? I rang for an elevator, then remembered I'd left some books in my office.
When I got back, an elevator door was just closing.
I pushed the button again, and another one came.
She could have been a model.
I say we get his client list.
I don't think so.
Her body wasn't right.
It wasn't? It was too short.
Her hips were too wide.
That's pretty thorough work you did at the crime scene, Rey.
I was just doing my job, Lennie.
Yeah, right.
Mr.
Perkles! Okay, I got all the reports.
You know, there was another call on 31 a few minutes later.
You didn't tell us that before.
You didn't ask.
I mean, I told you what you asked.
You said car three timed out about 3:00 a.
m.
So it was used a little before that, right? Yeah, 2:56.
And I've got two calls at 2:56 from the same floor.
One up and one down.
Looks like cars three and five responded.
Well, that's it, Lennie.
Right.
What? You shoot somebody in an elevator, you gonna ride down to the lobby with her, or are you going to go straight down While you send the body up to the penthouse first.
Which floor got the double call? Each of these offices is rented separate.
Turnkey, short-term.
You want an office tomorrow, you got one.
You're gone next week.
What else is new? So Was she here yesterday? Somebody down the hall said they saw her coming out of the bathroom around 6:00.
I'm done at 5:30 though.
These guys' leases give them me, eight hours a day, period.
But she does look like someone I might have talked to on the phone.
She looks like someone you might've talked to on the phone? Yeah.
An out-of-towner.
She called about 5:00.
Had an appointment here, needed directions from the hotel, wanted to know how much time to allow.
What hotel? The Barrington.
She was new in town.
From somewhere in the Midwest.
Oh, we talked a little bit.
You talk about who she was coming here to see? No, that didn't come up.
She asked about the black guys that sell the handbags in the street.
You know, "Are they really Gucci?" She She was really sweet.
I mean, this is awful.
I'm sorry.
Did she happen to mention where in the Midwest she was from? Indiana.
No, Wisconsin.
It was someplace like that.
Oh, I know.
The town had an Indian name.
Hiawatha.
No, it wasn't Hiawatha.
It was something.
I don't know, but why don't you guys check at the hotel? Yeah, we have guests who look like that.
And we have guests who look like you.
And we have guests who look like him.
It's a big hotel.
And you could be a tiny bit more helpful if you tried.
I see a thousand faces a day.
You got a printout of your guests? Yeah.
But without pictures.
What about hometowns? Yeah.
There.
Thank you.
Marilyn Stocker, Chicago.
You know, that's an Indian name.
I think even that receptionist would have remembered Chicago.
Oconomowoc, Wisconsin.
No.
Mister Lester Korn.
Lucy Sullivan, Indiana.
Terre Haute.
No, that's French.
Consider the source.
You see a Lucy Sullivan today? How would I know? What room is she in? Yes, in there.
I saw her one or two times when I was making the bed.
Did you make up the bed today? Yes.
There was nobody there.
Yeah, just suitcases and clothes.
You guys want to go in? Yeah.
Subway map.
She was new in the city.
She wasn't afraid to ride the subway.
What do you want? Who are you? I have some money.
You don't have to hurt me.
No, no, lady, look.
We're police.
Police? What do you want? We're investigating the murder of Lucy Sullivan.
I'm Lucy Sullivan.
Miss, would you step out here for a minute, please? A woman was found with no identification on her.
Now, the trail led us here.
And she looks like you.
She does? My sister, Joanne, she didn't come back to the room last night.
There's only one of you registered here.
We were saving the surcharge.
Here.
We took that at South Street Seaport.
That's me with Joanne.
When was the last time you saw your sister? Is it her? Why don't you just get dressed? No.
If my sister is dead, I want to know.
Oh, my God.
Joanne.
What happened? That's her.
Joanne.
I'm sorry.
This was our best time together in years.
I'd always wanted to come to New York on a vacation.
I was so happy when she showed up.
So you weren't expecting her? She knocked on my door the first night and said, "Room service.
" Where was she living? She moved a lot.
She traveled, for some kind of a sales job.
She told me it ended and she was looking for a new one.
That's where she was going yesterday.
To a new job? An interview.
I don't know where.
Weren't you worried when she didn't come back? There were a couple of nights when she didn't come back.
She had a boyfriend.
Who? I never met him.
She told me he wasn't "MDR" yet.
That was our old joke.
When my parents were alive and we were dating in high school, we would only bring home the ones that were "MDR.
" Mom and Dad Ready.
Some boys never were.
And those were the ones Joanne liked? Yeah.
Hotel phone records.
from the victim's room to that office.
There have been 50 tenants through that office in the last year.
Half of them forget to turn the keys in when they leave.
Any calls to a boyfriend? Nope.
Nobody, ready for Mom and Dad or not.
Is it just me, or does it strike you odd that Joanne Sullivan happened to move into her sister's hotel room without registering? Perfectly normal, if you're on the run from something.
No fixed address.
Mystery boyfriend.
Vague job.
Here we go.
"Warrant out for the arrest of Joanne Dunbar, "a.
k.
a.
Joanne Sullivan.
" Hmm.
That would explain her discretion.
"Contact New Jersey State Police.
Lieutenant Jeffrey London.
" She's dead.
But you gotta look on the bright side.
I get to come over here, courtesy of the state of New Jersey, and tell you all about it.
You really ought to try these potatoes.
Don't they have food in New Jersey, Lieutenant? Yeah.
But in New Jersey, I gotta pay for it.
Well, I hate to bother you, but you have something for us? Mmm-hmm.
Pictures.
Casino surveillance.
That's her husband, Billy Dunbar.
All-around con man and sometime blackjack dealer in Atlantic City.
Who's the lady hiding behind the scarf and the dark glasses? The late lamented.
That's the best picture we have.
Dunbar's gonna have to train somebody else to handmuck with, which shouldn't be hard.
He runs through lots of wives and girlfriends.
"Handmuck"? Is that something you do with girlfriends in New Jersey? Yeah, if you cheat at blackjack.
Dunbar's wife sits down at his table, different nights, different disguises.
She steals a card from his deck with his help, sticks it in her hand when she needs it, hides the other card in her pants.
Nice way to lower the odds.
Oh, yeah.
Casinos frown on it, but the wise guys who run some of the places Dunbar's pulled this stunt really frown on it.
Here are the warrants.
Fraud, for your stiff and Dunbar, in case he shows up.
You have any idea where he is? Nope.
But if he turns up dead, give me a call, will you? I really want to try the soft-shell crab.
They want $800 to send her home.
But I don't know We don't have any relatives left.
The man said that I should consider cremation.
I know this is still a difficult time, but we need you to look at these pictures.
Did you find something? Do you know who killed Joanne? Go ahead and take a look at these, okay? Is that her? That's Joanne.
Do you know who this is? Who, the dealer? He was married to your sister.
No, she wasn't married.
Actually, she was.
Last year, in Atlantic City.
She was in trouble, wasn't she? I knew something was wrong.
If only she'd told me.
Did you ever see him with her? No.
Do you think that he killed her? We don't know.
He was her husband.
That's Mr.
Johnson.
You know him? Yeah, sure.
Except his hair is different now.
It's a little bit more George Clooney.
That's his office.
Well, is he in? Well, I haven't seen him around lately.
I mean, he owes a month's rent, so What does he use that office for? Lmport-export.
I don't know import what, export what.
It's locked.
I'll call CSU.
Do you think he killed her in there? Hey, do me a favor.
Would you mind just standing over there, please? Hey, you know, he always seemed perfectly nice.
Oh, yeah.
And on his lease he gave a home address that put him in the middle of the East River.
You didn't think that was strange? Well, I didn't go there.
Oh, wait a minute.
Wait! I got something.
In the vent.
.
25 caliber bullet.
Like it slipped through somebody's fingers while they were loading a gun.
Hey, I always get butterflies just before I shoot somebody.
I just remembered something.
I took a message for him the other day.
Does that help? "Please call Harry Shapiro.
"I'm interested in your proposition.
" I answered his ad in the Wall Street Journal.
I did some research.
It looked to check out.
You're here to tell me Johnson's a con man? His real name is William Dunbar.
That's not a good sign, is it? What was he selling? Butter.
To Saudi Arabia.
Hey, Shapiro! What, from an office building in Midtown? Well, they have to buy it from somewhere.
In all those pictures of sand and oil wells, you never saw any cows, did you? His proposition had nothing to do with gambling? It was a sure thing.
Government money.
The Dairy Export Incentive Program.
You buy butter at three grand a ton, sell it overseas for 2,500.
Uncle Sam pays you the difference and then some.
Keeps the farmers happy.
Johnson, or whatever his name is, had all the forms.
Do you know where we can find him? It just made me laugh, you know? Me, Harry Shapiro, buying butter from farmers and selling it to Arabs.
Dr.
Shapiro Yeah.
He took me out to dinner one night to tell me all about it.
Afterwards, I dropped him off at his place.
Are you sure this is okay? We knocked on the door.
Nobody answered.
Don't you need a search warrant or something? Or something.
Arrest warrant, issued by the sovereign state of New Jersey.
New Jersey? When I go to the Meadowlands, I tear up their parking tickets.
Give me the key.
Clear.
Nobody here.
Surprise, surprise.
I told you, he hasn't been here.
Well, maybe he was just being quiet.
I only seen him a couple of times total.
He just moved in last month.
If he did leave town, he's traveling light.
You ever see a Mrs.
Dunbar around here? I only seen a woman once.
Couple of days ago, she came walking out of here at 8 a.
m.
Yeah? This her? Yeah, something like that, only her hair was darker and straighter.
You hear that, Rey? Yeah.
Look at this.
.
25 caliber.
And this.
That's her.
And that's him with her.
The grieving sister, Lucy Sullivan.
You said you never heard of William Dunbar.
You told us you didn't know who that was.
You lied to us, Lucy.
Is that how people behave in Terre Haute? I don't know what's going on here.
Here's what's going on.
You and William Dunbar.
You know what we think? We think you knew your sister's husband real well.
No.
You know what else? We traced your sister to your hotel because she called that building to ask for directions.
Now, why would she need to call to ask for directions to her own husband's office? I don't understand.
You know who might need to call for directions? You.
If you were going over there to meet Dunbar for a little fun and games.
But your sister, she figured it out and went over there, too, right? So what happen? She walked in on you with her husband? No! Then how did she end up dead? Let me guess.
Mom always liked her best? This is it.
This is the gun that killed your sister.
It's been tested.
I don't know anything about guns.
Why don't you show us how you did it? Maybe it was self-defense.
Maybe Maybe she was attacking you.
That's not what happened! It didn't happen! Miss Sullivan, you might want to see this fax.
A fingerprint team was in your hotel room, and they found a very nice print on the makeup mirror that matches one in here.
A lot of people forget to wipe down the magazine.
I want a lawyer.
Honey, you need one.
You're under arrest for the murder of Joanne Sullivan.
You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
Sisters killing sisters.
I haven't seen that for a week or two.
Good.
There'll be a place for this one at Bedford Hills.
No witnesses, no statement We can show motive, access to the murder weapon.
Her fingerprint is consistent with a partial on the gun.
"Consistent.
" Her lawyer's cranking up his billable hours.
Motion to suppress the gun and the photograph of her with her sister's husband.
Meaning her motive, access to the murder weapon and fingerprint.
We have the facts.
I think we'll convince Judge Marks Nathan Marks? Luck of the draw.
Make sure your airbags are working.
I don't care what some A.
D.
A.
Agreed upon.
Next time you see me, look at what's on my shoulders.
It's a head, not a handle.
I don't rubber stamp.
You're late.
I'm sorry.
A 30-30 hearing was delayed over in Never mind.
Miss Ross, I believe we last had the pleasure when I was sentencing some liar represented by your ex-husband.
I've been meaning to thank you.
Lovely blouse.
Rare to see single-ply silk with that texture.
Must feel very nice.
Italian weave? Chinese.
Ah.
They're improving.
Your Honor Yes, Mr.
Gillum? If you're ready to proceed? Of course.
The police seized the evidence in question when they entered William Dunbar's apartment with an out-of-state arrest warrant That had been properly lodged with a clerk of this court.
At most, they had the right to ascertain whether or not William Dunbar was present.
They had no right to search beyond that.
One of the detectives opened a closet door.
He saw the gun.
On a shelf two feet over his head.
The issue here is the plain view exception? It is, Your Honor.
So we're going to get a lot of diagrams of room layouts and sight lines, and what was where and who was standing on top of what.
I can have them by tomorrow.
And he'll come with different diagrams, and we'll all sit around with rulers, protractors.
I've got a better idea.
Let's go to the apartment.
All of us? Yes.
We'll have a picnic.
Mr.
McCoy, bring your cops.
It was there.
Like that? Just dangling on the edge like that? Well, enough so I could see it.
Maybe Maybe there.
Maybe? Or maybe there, or maybe there.
Where were you, Detective Briscoe? Me? I was here.
Maybe here? Definitely here.
Did you see the gun? I wasn't looking at the closet.
I'll take that as a no.
Detective Curtis.
How tall are you? Really? Excuse me.
I don't see the gun.
He must have seen it, Your Honor.
Why else did he reach for it? And the photos? When I reached for the gun, I felt them.
Several courts have adopted a plain touch exception to the warrant requirement.
Nice try, Miss Ross.
Not this one.
The search was illegal.
That only disallows use of the evidence against Mr.
Dunbar.
We can still use it against Miss Sullivan.
She had no expectation of privacy here.
But you're the one that alleges my client was having an affair with the occupant of this apartment.
You're the one with a witness who claims she left here at 8:00 a.
m.
One morning.
Several days before the search.
She has no standing, unless she spent the night immediately before the search here.
People v.
Ortiz.
How about that, Mr.
Gillum? Client want to make a naughty confession? No, she won't incriminate herself by strengthening the alleged motive for this crime.
No.
You could argue common sense and experience.
Miss Ross, when you leave a man's apartment at 8:00 in the morning, did you just drop in for a coffee and a sweet roll? Am I a defense witness, Judge? You're an officer of the court, aiding in our search for the truth.
You sample a man's hospitality once, are you likely to return to sample it again soon? Your Honor, this is not appropriate.
If I left at 8:00 a.
m.
, I wasn't too impressed.
I don't think I'd be rushing back.
Can't argue with that.
Defense motion is denied.
Evidence against Miss Sullivan is admitted.
I thought he was going to ask your favorite sexual positions next.
I grew up with four brothers.
Marks is an amateur.
You don't mind that kind of thing? Would you rather he ruled against us? Guess I'll have to unlearn some of my sensitivity training.
If we have another hearing, you'll model silk for him again? Trust me.
He would have been just as big a fan of rayon.
She's the one I saw leaving Mr.
Dunbar's apartment.
Did you see her arriving, Mr.
Wilkins? No.
And I got there before 7:00.
I wanted to fix the railing before the kids left for school.
So either Miss Sullivan arrived very early, or else she spent the night? Objection.
Calls for a conclusion.
Cut it out, Mr.
McCoy.
Sustained.
I have no further questions.
Mr.
Wilkins, your identification of the defendant wasn't based on a lineup, was it? No.
The police just showed you a photograph of Miss Sullivan.
That's right.
How long did you see her for? I don't know.
For a few seconds.
Just a few seconds? Isn't it possible that seeing that picture helped you form a mental image? Now who's calling for a conclusion, Mr.
Gillum? Miss Sullivan, stand up.
Is this the woman you saw, Mr.
Wilkins? Yeah.
Yes, sir.
That hair? Yes.
That body type? Yes.
Really? But you're sure it was her? Not, say, Miss Ross? Miss Ross, would you stand up, please? Similar body type, wouldn't you say? Yeah.
But it was the other one.
Good.
Mr.
Gillum, he's your witness.
Any more questions? The defendant told us she didn't know William Dunbar.
Did there come a time when you began to suspect that she was not telling the truth? Yes.
When we found the picture in Mr.
Dunbar's apartment.
She's She's hugging him.
What was Mr.
Dunbar's relation to the defendant? He was married to her sister, the deceased.
What else, if anything, did you find in Mr.
Dunbar's apartment? A.
25 caliber Ruger pistol.
This.
25 caliber Ruger pistol? What is that? A court officer will fine and have you removed from my courtroom.
I'm sorry, Your Honor.
It's my pager.
The People request a recess, Your Honor.
Some kids found him.
His wallet was in his back pocket.
I thought you'd want to know.
Driver's license.
William Dunbar.
You may not want to get too close, Miss.
He's been in the river a while.
Your bad luck he floated up this side.
Yeah.
I'll have to buy my own dinner, unless you're treating.
I assume the cause of death was not drowning.
Back of his head is blown away.
And dumped into the Hudson.
Mob hit.
If I was still a defense attorney, Jack You'd cream us with this.
Yeah.
Joanne and I went shopping at Saks Fifth Avenue.
Joanne bought me a scarf.
Then I went back to the hotel to take a nap.
Joanne told me that she was going to go and see somebody about a job.
I didn't know if that was true or not.
She had been acting strange.
Strange? Did you know why? No.
Not then.
We've heard testimony from a New Jersey police officer that your sister and her husband swindled gambling clubs.
You knew nothing about this? Joanne told me that she was in sales.
But when she showed up at the hotel, she told me not to tell anybody that she was there.
She seemed afraid.
Of you? No.
Isn't it obvious? She was hiding from somebody.
They killed her husband.
They must have killed her, too.
Why did you tell the police that you didn't know William Dunbar? That picture.
Joanne and I went for a walk in Central Park.
He started talking to us.
I thought that he was trying to pick us up.
I didn't even know that Joanne knew him.
They must have arranged to meet that way.
Joanne took that picture.
And why were you seen leaving William Dunbar's apartment at 8 a.
m.
, two days before your sister was murdered? I don't know.
That wasn't me.
The building superintendent says it was.
That must have been Joanne.
At 8:00 that morning I was buying a ticket for a Gray Line bus tour.
Do you recognize this? Yes.
That's the ticket I bought.
Mmm-hmm.
And is this the receipt for the traveler's check you cashed to buy the ticket? Marked 8:00 a.
m.
, May 11th.
Yes.
That's my signature and that's the clerk's.
Your Honor, I offer these into evidence as defense exhibits H and I.
I talked to the ticket clerk.
He doesn't remember her, but he swears he wouldn't have cashed the check without looking at her credit card and signature for ID.
Terrific.
It's not an alibi for the murder.
No.
It just blows apart your theory of motive, which she has neatly replaced with an alternate theory of the crime.
Dunbar's body, fairly persuasive, unless you're saying that she killed him, too.
They're still working on estimating the time of death.
She might have been in jail when he was killed.
Oh.
She has a knack for being in two places at once.
Dunbar's apartment and the tour bus.
How do you think she pulled that off? Jamie, did the police ever talk to anybody in Terre Haute? Well? If I could just have a few more minutes, Your Honor.
You're here.
I'm here.
Miss Sullivan is here.
Ah, Miss Ross.
How nice of you to join us.
I gather you stayed later than 8:00 a.
M.
This morning.
Was the gentleman more impressive today? Your Honor, I've been very busy.
What I'm suggesting.
On a matter of business for this court.
Oh, and I thought our business was here.
Whatever kind of romp you've been up to Is relevant to this case, if you'd stop focusing on my sex life.
You're in contempt.
I want a check for $200.
If you try to fine me Not now.
Approach, Your Honor? If she brings her checkbook.
Pretend he's your brother.
Miss Ross was on an errand in connection with an urgent motion by the People What motion? To amend the indictment and reopen the People's case.
We're supposed to hear closings.
The defense is ready.
Miss Ross has just driven in from LaGuardia with a witness who should be heard in support of our motion.
What witness? The defense had no notice, Your Honor.
Her name is LuAnne Walther.
She's a resident of Terre Haute, Indiana, and a former co-worker of Lucy Sullivan.
She will testify that the defendant on trial here is not Lucy Sullivan.
In my chambers.
You're telling me I've been sitting on the bench for the last month judging the wrong person? She fooled all of us.
She's Joanne Sullivan.
The victim? She killed her sister to assume her identity and escape the people who were pursuing her.
Except she happened to be caught for the murder? Her back luck.
I move for dismissal.
If the People don't even know who killed whom, I'd say reasonable doubt is manifest.
On the contrary, the evidence against the defendant is even stronger now, if you will allow us to reopen the case.
It would be stronger.
Is that why you're trying to turn my courtroom into a hall of mirrors? I want to put the truth before the jury.
What you can have is a mistrial.
Fine.
With leave to re-present.
Excuse me.
Jeopardy has attached.
A defendant can't be retried unless there's manifest necessity for a mistrial.
The only necessity here is Mr.
McCoy's ignorance of the facts of his own case.
We were all ignorant of the facts, because the defendant withheld them.
She's under no obligation to incriminate herself.
By telling us her name? Which would have incriminated her.
You just said it does.
You and your free-spirited associate have not done your homework, Mr.
McCoy.
You've wasted all of our time.
Your Honor Your motion is granted.
I'm declaring a mistrial.
Mr.
Gillum's motion is granted also.
The murder charge is dismissed.
It's outrageous.
Jamie won't play footsie with him, new facts disrupt his perfect trial, so he takes it out on us.
Right.
It had nothing to do with the fact that all this time you didn't know what you were talking about.
Dismissal of the charge was excessive.
Right.
You know who's who now? Yes.
This is Joanne Sullivan you've got there in Rikers? Who else could it be? Please don't ask.
I'll re-indict.
Judge Marks'll throw it out.
So I'll appeal.
Get the names right this time.
The prohibition against double jeopardy is not absolute.
Criminal defendants are re-tried after mistrials all the time.
When the mistrials are a matter of manifest necessity.
A hung jury, a lawyer drops dead The trial judge thought a mistrial was necessary here.
You wanted to amend the indictment and proceed.
You didn't think a mistrial was necessary.
No.
But Mr.
Gillum's brief fails to mention the second prong of the standard from U.
S.
V.
Perez.
"A retrial is permitted if the ends of public justice "would otherwise be defeated.
" The public is certainly entitled to retry a murderer when a mistrial has resulted through no fault of the People.
The People aren't at fault when they proceed to trial misinformed? Misinformed by a professional confidence woman who committed perjury and a fraud upon the court.
It would be repugnant to reward her.
Thank you.
The public always wants to retry people they think are murderers, but they're not allowed to throw out the Constitution to do so.
Is that what we're being asked to do? The prohibition against double jeopardy is paramount and And takes up 15 pages in your brief.
What I don't see there is what position you took regarding the mistrial.
Did you oppose it? I would have, if I'd foreseen that the People would attempt to retry.
"Would have"? Interesting.
We've read your brief, sir, and Mr.
McCoy's, and unless any of my colleagues feels differently I don't think we've heard anything new today.
We find the People's argument persuasive.
Accordingly, we remand this matter to part 47 for a new trial forthwith.
Given the circumstances of the order to dismiss, I respectfully suggest that this be reassigned through the general pool.
Why reinvent the wheel, Mr.
McCoy? The original trial judge is familiar with the facts and issues here.
It might even speed things up.
Where were you standing in relation to the door, Mr.
Wilkins? Move it along, Mr.
McCoy.
You've made your point.
I'm not quite finished, Your Honor.
He saw a woman leave the apartment.
He saw this woman, Joanne Sullivan.
Are you sure of that, Mr.
Wilkins? Pretty sure.
But you only saw her for a few seconds? That's right.
And you never identified her until the police showed you her picture? That's right.
I see.
Anything else, Mr.
McCoy? Not anymore.
Mr.
Gillum? No questions, Your Honor.
We ascertained that the New Jersey warrant was valid and proceeded to the apartment of the defendant's husband.
Was he there? No, he wasn't.
What did you do then? Approach, Your Honor? I assume that Mr.
McCoy is heading toward the discovery of the alleged murder weapon? Yes.
I want to object, out of the hearing of the jury, before he mentions it.
Object to what? Anything obtained in that apartment is the fruit of an illegal search and is inadmissible in this trial.
Your Honor, we dealt with that issue at a hearing before the first trial.
It was resolved.
Oh? Let's talk about it.
This issue was decided! It was your own ruling.
Yeah.
He ruled the search was illegal.
And that the evidence was nevertheless admissible against Miss Sullivan.
Because she had no standing! That was before we knew she was married to William Dunbar.
A wife certainly has an expectation of privacy in an apartment she shares with her husband.
You had an opportunity to bring that fact to the Court's attention then.
Not without incriminating my client, which I certainly am not obliged to do.
Anything else, Miss Ross? Mr.
McCoy? Fine.
Objection is sustained.
There will be no mention of anything found in that apartment.
By the way, Mr.
McCoy, I never had a chance to congratulate you on your victory in appellate court.
Detective, before our break, you testified that Mr.
Dunbar was not in his apartment? That's right.
How did you ascertain that? We entered the apartment and looked for him.
And in the course of such a search, you would routinely look anywhere a person could be hiding? That's right.
Did you open a closet door? Your Honor Mr.
McCoy If he can re-litigate the standing issue, I can re-litigate the plain-sight issue.
Not if I say you can't.
Detective Did you know the nature of the murder weapon? Yes.
It was a.
25 caliber pistol.
And before your visit to Mr.
Dunbar's apartment, had you been looking for it? We were keeping our eyes open, yes.
How about afterwards? Objection! Change the subject, Mr.
McCoy.
The matter deserves a hearing on the record.
Not another word.
With all due respect, Your Honor, when you change the rules of the game in the middle of a trial You're done, Mr.
McCoy.
There ought to be at least the appearance of impartiality.
Officer, place Mr.
McCoy under arrest for contempt of this court.
I move for an adjournment so that the People may appeal Your Honor's ruling.
Denied.
Cuff him.
Your witness, Miss Ross.
I'm going to need a moment to prepare, Your Honor.
Now, or I'll deem the People's examination concluded.
Nice.
Adam.
Mr.
Barton, Mr.
Jasperson, Mr.
Montoya Mr.
Schiff.
We're in a good mood, aren't we? All except Mr.
Jasperson.
He was just convicted of murder.
And it was bull.
I'm gonna be getting out of here soon.
Young man, sit down.
I understand you were in contempt.
Just a little.
Are you going to get the transcript to the chief administrative judge? I'm going to see Judge Marks first, about bail.
I'm okay.
But if you go, wear silk.
How long has it been, Adam? I was a defense attorney.
So were you.
The Ice Age.
I'm letting your boy cool his heels for a while.
It's for his own good.
Nathan, I read the transcript.
Then you know he was in contempt.
I read the whole transcript.
What were you doing, may I ask? Excuse me? Those remarks about where Miss Ross was spending her mornings Have you read the sexual harassment guidelines? I wrote them, remember? I was kidding with her.
And your questions to McCoy's witnesses? A judge of the Supreme Court of the state of New York is entitled to question witnesses.
He's not entitled to sound like the defense attorney or put words into witnesses' mouths.
Anything else, Adam? Yes.
I'd like you to step down from the trial.
This entire meeting is an improper ex parte approach.
If you leave in the next 10 seconds, I won't find you in contempt.
The District Attorney brought this matter to me with some reluctance.
Well-deserved.
I'm trying to run a trial.
I don't have time to Make some.
I'm taking this seriously.
Because a young woman can't take a joke? I'm not pressing any charge.
She could.
You should thank her.
Fine.
Thanks.
Goodbye.
I'm more concerned about the general tenor of this trial.
You know how I run a trial, George.
Yes.
Expeditiously.
And, usually, fairly.
Always fairly.
You've been hostile to the People, demeaning to their representatives, interfering with their witnesses You expect me to sit there like a lump while he springs surprise witnesses, half-baked appeals, revised indictments to turn my courtroom inside out to win a case he should have lost the first time? Nathan, you're not supposed to care who wins, remember? Your Honor, I'd like to request No need.
Nathan, you just caught a bad case of the flu and are unable to continue presiding over this trial.
I'm assigning Judge Bryant.
George Would you rather be sick, or be facing the Commission on Judicial Conduct? Your Honor, it would be highly disruptive to introduce a new judge at this stage of the proceedings.
It's your choice, Mr.
Gillum.
Judge Bryant, or we start all over again with trial number three.
From his sickbed, Judge Marks sends regrets and his thanks for your excellent service thus far.
Now, I am going to impose on you a little.
For reasons of law, with which you need not concern yourselves, you will be hearing again from some prosecution witnesses who have already testified, and hearing about some new evidence, which has not been presented to you.
Man one, Jack.
Sure.
If you can give me a good reason why I should accept a plea.
Please try to understand.
I was terrified.
So you shot your sister in the head? People were looking for us.
Billy was trying to make enough money so that we could get away.
He went out one night.
He didn't come back.
I knew they'd killed him.
I loved him so much.
I couldn't go to the police.
They were still looking for me.
I didn't want to die.
So you took your sister's life instead.
No deal, Stan.
My sister's life, Mr.
McCoy? My sister lived in Terre Haute, Indiana.
She stapled papers in an insurance office.
My sister didn't have a life.
Jury was back in 20 minutes.
Guilty, Adam.
She's going away, despite Judge Marks.
That's good.
What's the matter? Your leg acting up? When Nathan Marks became a judge, most of his colleagues cared only about getting re-elected and getting Fridays off.
Marks made himself a royal pain.
He cared mostly about justice.
It went to his head, Adam.
He brought himself down.
Yeah.
Pardon me if I don't celebrate.
These are their stories.
He wants to video-conference New Zealand? Great! Why do we have to come in at 6:00 a.
m.
To stand in the back and wave.
I mean, they don't have to come in early.
They're staying late.
It's 1:00 a.
m.
In Auckland.
No, they're across the date line.
It's 1:00 a.
m.
Yesterday.
What's the rush? Actually, it's 1:00 a.
m.
Tomorrow.
So we're already too late.
I just got out of bed for nothing.
Oh, my God.
No purse.
No identification.
No clothes.
But it is a nice compact crime scene.
We're gonna have to take numbers.
Rey, what do you see? Looks like a bullet went in behind the ear.
No exit wounds.
I make her 25, maybe a little older.
Can you roll her prints now? We gotta get started on the ID.
Sure.
Soon as somebody leaves.
I got you some Polaroids.
Pretty life-like.
Other fellow said you wanted the sign-in log.
Oh, thanks.
So, what time do you start using this? Anybody comes in the building after 8:00 p.
m.
, he has to sign in.
All night till How about signing out? They never have to sign out.
So if she came in before 8:00 last night, you'd have no record of her? Not unless she walked in like that.
Then somebody might remember.
Thanks, and if the shooter came in before 8:00, wouldn't be any record of him either.
Well, at least one of them probably worked here.
You got Polaroids? Yeah.
Excuse me.
How many offices are there in this building? Four hundred and seven.
Four hundred and seven.
I'll cancel lunch.
The M.
E.
Had a look at your Jane Doe.
She died sometime last night.
Shot in the head with a.
25.
They happen to say which.
25? We ran down the names on the night sign-in.
Only two women.
We reached them both by phone.
How about the killer? If he signed in, he didn't mark his name with a star.
Her prints don't come up with a hit.
There's nothing at Missing Persons.
So you've got two weeks before the M.
E.
Ships her off to potter's field.
To be buried by convicts, six to a grave? Young woman like that, somebody's gonna come looking for her.
You gonna sit and wait for them? Hey, we'll knock on doors.
She came to that building to see somebody, or somebody came to see her.
Four hundred and seven doors? Start with the elevator.
You know, people don't appreciate what kind of improvements we've made.
Hey, used to be you'd ring to go down at lunch time and you'd wait around for 10 minutes.
That CPU monitor the system? Now the elevators are smart.
They know exactly where to be at noon.
Yeah, the Stage Deli.
What we need to know, Mr.
Perkles, is where that elevator That car.
Car three.
Where car three made its last stop before it went down to the lobby with a body in it.
Well, the car doesn't remember where it was.
But I got my COS Car Out Of Service program.
You see, whenever an elevator isn't called for 10 minutes, it times out until it's called again.
Let's see, car three timed out at 3:07 a.
m.
Went back on line at 4:02.
Down button pushed on thirty-one.
4:02 a.
m.
My God.
That's what she looked like, huh? After? Do you remember seeing her last night? No.
No, I don't think so.
What about your boss? Well, Mr.
Mack's in Tampa.
He left Monday.
Did you see anybody up here last night? I left early.
Right.
Your boss is in Tampa.
Thanks.
Four hundred and six.
The music publisher was closed yesterday.
Jewish holiday.
Bookkeeper didn't recognize the picture.
There are five lawyers in 3128.
They want the name of the next of kin so they can sue the building for inadequate security.
Nobody home.
Let's ask the neighbors.
Oh.
Uh They're back.
May I? No, it's my friend, Brenda.
She loves policemen.
Yes, I'm a detective.
No, the other one's the cute one.
It's Brenda.
She'll call you back.
Who has the office across the hall? His name's Maslin.
But he's not very friendly, though.
What does he do? He's a CPA.
But he's got lots of women going in and out of that office, you know? Good-looking ones, too.
Why don't you go ask him? He's not in.
Really? That's odd.
He's always in by now.
I'm leaving on vacation.
It's not that complicated.
So, getting ready for your trip and all, you didn't happen to work late last night, did you? Yes.
I was catching up on quarterly tax reports.
I'm an accountant.
Right.
That's why so many beautiful women come to visit you.
My accountant, Manny Loper, has to beat them off with a stick.
I do a lot of models.
Their taxes.
I got one from the Mason Agency, and she told her friends.
Not a lot of CPAs know when mascara is allowable as a business expense.
I've got a plane to catch.
We're just wondering, how come you didn't notice the elevator you took to the lobby had a naked dead girl lying on the floor? No, it didn't.
You rang the bell at 4:02 a.
m.
Car three responded.
Car three was the one with the body in it.
You know all that? Oh, yeah.
You see, nowadays elevators are very smart, Mr.
Maslin.
People don't appreciate it.
My God.
She must have been in the first elevator.
What do you mean, the first? I rang for an elevator, then remembered I'd left some books in my office.
When I got back, an elevator door was just closing.
I pushed the button again, and another one came.
She could have been a model.
I say we get his client list.
I don't think so.
Her body wasn't right.
It wasn't? It was too short.
Her hips were too wide.
That's pretty thorough work you did at the crime scene, Rey.
I was just doing my job, Lennie.
Yeah, right.
Mr.
Perkles! Okay, I got all the reports.
You know, there was another call on 31 a few minutes later.
You didn't tell us that before.
You didn't ask.
I mean, I told you what you asked.
You said car three timed out about 3:00 a.
m.
So it was used a little before that, right? Yeah, 2:56.
And I've got two calls at 2:56 from the same floor.
One up and one down.
Looks like cars three and five responded.
Well, that's it, Lennie.
Right.
What? You shoot somebody in an elevator, you gonna ride down to the lobby with her, or are you going to go straight down While you send the body up to the penthouse first.
Which floor got the double call? Each of these offices is rented separate.
Turnkey, short-term.
You want an office tomorrow, you got one.
You're gone next week.
What else is new? So Was she here yesterday? Somebody down the hall said they saw her coming out of the bathroom around 6:00.
I'm done at 5:30 though.
These guys' leases give them me, eight hours a day, period.
But she does look like someone I might have talked to on the phone.
She looks like someone you might've talked to on the phone? Yeah.
An out-of-towner.
She called about 5:00.
Had an appointment here, needed directions from the hotel, wanted to know how much time to allow.
What hotel? The Barrington.
She was new in town.
From somewhere in the Midwest.
Oh, we talked a little bit.
You talk about who she was coming here to see? No, that didn't come up.
She asked about the black guys that sell the handbags in the street.
You know, "Are they really Gucci?" She She was really sweet.
I mean, this is awful.
I'm sorry.
Did she happen to mention where in the Midwest she was from? Indiana.
No, Wisconsin.
It was someplace like that.
Oh, I know.
The town had an Indian name.
Hiawatha.
No, it wasn't Hiawatha.
It was something.
I don't know, but why don't you guys check at the hotel? Yeah, we have guests who look like that.
And we have guests who look like you.
And we have guests who look like him.
It's a big hotel.
And you could be a tiny bit more helpful if you tried.
I see a thousand faces a day.
You got a printout of your guests? Yeah.
But without pictures.
What about hometowns? Yeah.
There.
Thank you.
Marilyn Stocker, Chicago.
You know, that's an Indian name.
I think even that receptionist would have remembered Chicago.
Oconomowoc, Wisconsin.
No.
Mister Lester Korn.
Lucy Sullivan, Indiana.
Terre Haute.
No, that's French.
Consider the source.
You see a Lucy Sullivan today? How would I know? What room is she in? Yes, in there.
I saw her one or two times when I was making the bed.
Did you make up the bed today? Yes.
There was nobody there.
Yeah, just suitcases and clothes.
You guys want to go in? Yeah.
Subway map.
She was new in the city.
She wasn't afraid to ride the subway.
What do you want? Who are you? I have some money.
You don't have to hurt me.
No, no, lady, look.
We're police.
Police? What do you want? We're investigating the murder of Lucy Sullivan.
I'm Lucy Sullivan.
Miss, would you step out here for a minute, please? A woman was found with no identification on her.
Now, the trail led us here.
And she looks like you.
She does? My sister, Joanne, she didn't come back to the room last night.
There's only one of you registered here.
We were saving the surcharge.
Here.
We took that at South Street Seaport.
That's me with Joanne.
When was the last time you saw your sister? Is it her? Why don't you just get dressed? No.
If my sister is dead, I want to know.
Oh, my God.
Joanne.
What happened? That's her.
Joanne.
I'm sorry.
This was our best time together in years.
I'd always wanted to come to New York on a vacation.
I was so happy when she showed up.
So you weren't expecting her? She knocked on my door the first night and said, "Room service.
" Where was she living? She moved a lot.
She traveled, for some kind of a sales job.
She told me it ended and she was looking for a new one.
That's where she was going yesterday.
To a new job? An interview.
I don't know where.
Weren't you worried when she didn't come back? There were a couple of nights when she didn't come back.
She had a boyfriend.
Who? I never met him.
She told me he wasn't "MDR" yet.
That was our old joke.
When my parents were alive and we were dating in high school, we would only bring home the ones that were "MDR.
" Mom and Dad Ready.
Some boys never were.
And those were the ones Joanne liked? Yeah.
Hotel phone records.
from the victim's room to that office.
There have been 50 tenants through that office in the last year.
Half of them forget to turn the keys in when they leave.
Any calls to a boyfriend? Nope.
Nobody, ready for Mom and Dad or not.
Is it just me, or does it strike you odd that Joanne Sullivan happened to move into her sister's hotel room without registering? Perfectly normal, if you're on the run from something.
No fixed address.
Mystery boyfriend.
Vague job.
Here we go.
"Warrant out for the arrest of Joanne Dunbar, "a.
k.
a.
Joanne Sullivan.
" Hmm.
That would explain her discretion.
"Contact New Jersey State Police.
Lieutenant Jeffrey London.
" She's dead.
But you gotta look on the bright side.
I get to come over here, courtesy of the state of New Jersey, and tell you all about it.
You really ought to try these potatoes.
Don't they have food in New Jersey, Lieutenant? Yeah.
But in New Jersey, I gotta pay for it.
Well, I hate to bother you, but you have something for us? Mmm-hmm.
Pictures.
Casino surveillance.
That's her husband, Billy Dunbar.
All-around con man and sometime blackjack dealer in Atlantic City.
Who's the lady hiding behind the scarf and the dark glasses? The late lamented.
That's the best picture we have.
Dunbar's gonna have to train somebody else to handmuck with, which shouldn't be hard.
He runs through lots of wives and girlfriends.
"Handmuck"? Is that something you do with girlfriends in New Jersey? Yeah, if you cheat at blackjack.
Dunbar's wife sits down at his table, different nights, different disguises.
She steals a card from his deck with his help, sticks it in her hand when she needs it, hides the other card in her pants.
Nice way to lower the odds.
Oh, yeah.
Casinos frown on it, but the wise guys who run some of the places Dunbar's pulled this stunt really frown on it.
Here are the warrants.
Fraud, for your stiff and Dunbar, in case he shows up.
You have any idea where he is? Nope.
But if he turns up dead, give me a call, will you? I really want to try the soft-shell crab.
They want $800 to send her home.
But I don't know We don't have any relatives left.
The man said that I should consider cremation.
I know this is still a difficult time, but we need you to look at these pictures.
Did you find something? Do you know who killed Joanne? Go ahead and take a look at these, okay? Is that her? That's Joanne.
Do you know who this is? Who, the dealer? He was married to your sister.
No, she wasn't married.
Actually, she was.
Last year, in Atlantic City.
She was in trouble, wasn't she? I knew something was wrong.
If only she'd told me.
Did you ever see him with her? No.
Do you think that he killed her? We don't know.
He was her husband.
That's Mr.
Johnson.
You know him? Yeah, sure.
Except his hair is different now.
It's a little bit more George Clooney.
That's his office.
Well, is he in? Well, I haven't seen him around lately.
I mean, he owes a month's rent, so What does he use that office for? Lmport-export.
I don't know import what, export what.
It's locked.
I'll call CSU.
Do you think he killed her in there? Hey, do me a favor.
Would you mind just standing over there, please? Hey, you know, he always seemed perfectly nice.
Oh, yeah.
And on his lease he gave a home address that put him in the middle of the East River.
You didn't think that was strange? Well, I didn't go there.
Oh, wait a minute.
Wait! I got something.
In the vent.
.
25 caliber bullet.
Like it slipped through somebody's fingers while they were loading a gun.
Hey, I always get butterflies just before I shoot somebody.
I just remembered something.
I took a message for him the other day.
Does that help? "Please call Harry Shapiro.
"I'm interested in your proposition.
" I answered his ad in the Wall Street Journal.
I did some research.
It looked to check out.
You're here to tell me Johnson's a con man? His real name is William Dunbar.
That's not a good sign, is it? What was he selling? Butter.
To Saudi Arabia.
Hey, Shapiro! What, from an office building in Midtown? Well, they have to buy it from somewhere.
In all those pictures of sand and oil wells, you never saw any cows, did you? His proposition had nothing to do with gambling? It was a sure thing.
Government money.
The Dairy Export Incentive Program.
You buy butter at three grand a ton, sell it overseas for 2,500.
Uncle Sam pays you the difference and then some.
Keeps the farmers happy.
Johnson, or whatever his name is, had all the forms.
Do you know where we can find him? It just made me laugh, you know? Me, Harry Shapiro, buying butter from farmers and selling it to Arabs.
Dr.
Shapiro Yeah.
He took me out to dinner one night to tell me all about it.
Afterwards, I dropped him off at his place.
Are you sure this is okay? We knocked on the door.
Nobody answered.
Don't you need a search warrant or something? Or something.
Arrest warrant, issued by the sovereign state of New Jersey.
New Jersey? When I go to the Meadowlands, I tear up their parking tickets.
Give me the key.
Clear.
Nobody here.
Surprise, surprise.
I told you, he hasn't been here.
Well, maybe he was just being quiet.
I only seen him a couple of times total.
He just moved in last month.
If he did leave town, he's traveling light.
You ever see a Mrs.
Dunbar around here? I only seen a woman once.
Couple of days ago, she came walking out of here at 8 a.
m.
Yeah? This her? Yeah, something like that, only her hair was darker and straighter.
You hear that, Rey? Yeah.
Look at this.
.
25 caliber.
And this.
That's her.
And that's him with her.
The grieving sister, Lucy Sullivan.
You said you never heard of William Dunbar.
You told us you didn't know who that was.
You lied to us, Lucy.
Is that how people behave in Terre Haute? I don't know what's going on here.
Here's what's going on.
You and William Dunbar.
You know what we think? We think you knew your sister's husband real well.
No.
You know what else? We traced your sister to your hotel because she called that building to ask for directions.
Now, why would she need to call to ask for directions to her own husband's office? I don't understand.
You know who might need to call for directions? You.
If you were going over there to meet Dunbar for a little fun and games.
But your sister, she figured it out and went over there, too, right? So what happen? She walked in on you with her husband? No! Then how did she end up dead? Let me guess.
Mom always liked her best? This is it.
This is the gun that killed your sister.
It's been tested.
I don't know anything about guns.
Why don't you show us how you did it? Maybe it was self-defense.
Maybe Maybe she was attacking you.
That's not what happened! It didn't happen! Miss Sullivan, you might want to see this fax.
A fingerprint team was in your hotel room, and they found a very nice print on the makeup mirror that matches one in here.
A lot of people forget to wipe down the magazine.
I want a lawyer.
Honey, you need one.
You're under arrest for the murder of Joanne Sullivan.
You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
Sisters killing sisters.
I haven't seen that for a week or two.
Good.
There'll be a place for this one at Bedford Hills.
No witnesses, no statement We can show motive, access to the murder weapon.
Her fingerprint is consistent with a partial on the gun.
"Consistent.
" Her lawyer's cranking up his billable hours.
Motion to suppress the gun and the photograph of her with her sister's husband.
Meaning her motive, access to the murder weapon and fingerprint.
We have the facts.
I think we'll convince Judge Marks Nathan Marks? Luck of the draw.
Make sure your airbags are working.
I don't care what some A.
D.
A.
Agreed upon.
Next time you see me, look at what's on my shoulders.
It's a head, not a handle.
I don't rubber stamp.
You're late.
I'm sorry.
A 30-30 hearing was delayed over in Never mind.
Miss Ross, I believe we last had the pleasure when I was sentencing some liar represented by your ex-husband.
I've been meaning to thank you.
Lovely blouse.
Rare to see single-ply silk with that texture.
Must feel very nice.
Italian weave? Chinese.
Ah.
They're improving.
Your Honor Yes, Mr.
Gillum? If you're ready to proceed? Of course.
The police seized the evidence in question when they entered William Dunbar's apartment with an out-of-state arrest warrant That had been properly lodged with a clerk of this court.
At most, they had the right to ascertain whether or not William Dunbar was present.
They had no right to search beyond that.
One of the detectives opened a closet door.
He saw the gun.
On a shelf two feet over his head.
The issue here is the plain view exception? It is, Your Honor.
So we're going to get a lot of diagrams of room layouts and sight lines, and what was where and who was standing on top of what.
I can have them by tomorrow.
And he'll come with different diagrams, and we'll all sit around with rulers, protractors.
I've got a better idea.
Let's go to the apartment.
All of us? Yes.
We'll have a picnic.
Mr.
McCoy, bring your cops.
It was there.
Like that? Just dangling on the edge like that? Well, enough so I could see it.
Maybe Maybe there.
Maybe? Or maybe there, or maybe there.
Where were you, Detective Briscoe? Me? I was here.
Maybe here? Definitely here.
Did you see the gun? I wasn't looking at the closet.
I'll take that as a no.
Detective Curtis.
How tall are you? Really? Excuse me.
I don't see the gun.
He must have seen it, Your Honor.
Why else did he reach for it? And the photos? When I reached for the gun, I felt them.
Several courts have adopted a plain touch exception to the warrant requirement.
Nice try, Miss Ross.
Not this one.
The search was illegal.
That only disallows use of the evidence against Mr.
Dunbar.
We can still use it against Miss Sullivan.
She had no expectation of privacy here.
But you're the one that alleges my client was having an affair with the occupant of this apartment.
You're the one with a witness who claims she left here at 8:00 a.
m.
One morning.
Several days before the search.
She has no standing, unless she spent the night immediately before the search here.
People v.
Ortiz.
How about that, Mr.
Gillum? Client want to make a naughty confession? No, she won't incriminate herself by strengthening the alleged motive for this crime.
No.
You could argue common sense and experience.
Miss Ross, when you leave a man's apartment at 8:00 in the morning, did you just drop in for a coffee and a sweet roll? Am I a defense witness, Judge? You're an officer of the court, aiding in our search for the truth.
You sample a man's hospitality once, are you likely to return to sample it again soon? Your Honor, this is not appropriate.
If I left at 8:00 a.
m.
, I wasn't too impressed.
I don't think I'd be rushing back.
Can't argue with that.
Defense motion is denied.
Evidence against Miss Sullivan is admitted.
I thought he was going to ask your favorite sexual positions next.
I grew up with four brothers.
Marks is an amateur.
You don't mind that kind of thing? Would you rather he ruled against us? Guess I'll have to unlearn some of my sensitivity training.
If we have another hearing, you'll model silk for him again? Trust me.
He would have been just as big a fan of rayon.
She's the one I saw leaving Mr.
Dunbar's apartment.
Did you see her arriving, Mr.
Wilkins? No.
And I got there before 7:00.
I wanted to fix the railing before the kids left for school.
So either Miss Sullivan arrived very early, or else she spent the night? Objection.
Calls for a conclusion.
Cut it out, Mr.
McCoy.
Sustained.
I have no further questions.
Mr.
Wilkins, your identification of the defendant wasn't based on a lineup, was it? No.
The police just showed you a photograph of Miss Sullivan.
That's right.
How long did you see her for? I don't know.
For a few seconds.
Just a few seconds? Isn't it possible that seeing that picture helped you form a mental image? Now who's calling for a conclusion, Mr.
Gillum? Miss Sullivan, stand up.
Is this the woman you saw, Mr.
Wilkins? Yeah.
Yes, sir.
That hair? Yes.
That body type? Yes.
Really? But you're sure it was her? Not, say, Miss Ross? Miss Ross, would you stand up, please? Similar body type, wouldn't you say? Yeah.
But it was the other one.
Good.
Mr.
Gillum, he's your witness.
Any more questions? The defendant told us she didn't know William Dunbar.
Did there come a time when you began to suspect that she was not telling the truth? Yes.
When we found the picture in Mr.
Dunbar's apartment.
She's She's hugging him.
What was Mr.
Dunbar's relation to the defendant? He was married to her sister, the deceased.
What else, if anything, did you find in Mr.
Dunbar's apartment? A.
25 caliber Ruger pistol.
This.
25 caliber Ruger pistol? What is that? A court officer will fine and have you removed from my courtroom.
I'm sorry, Your Honor.
It's my pager.
The People request a recess, Your Honor.
Some kids found him.
His wallet was in his back pocket.
I thought you'd want to know.
Driver's license.
William Dunbar.
You may not want to get too close, Miss.
He's been in the river a while.
Your bad luck he floated up this side.
Yeah.
I'll have to buy my own dinner, unless you're treating.
I assume the cause of death was not drowning.
Back of his head is blown away.
And dumped into the Hudson.
Mob hit.
If I was still a defense attorney, Jack You'd cream us with this.
Yeah.
Joanne and I went shopping at Saks Fifth Avenue.
Joanne bought me a scarf.
Then I went back to the hotel to take a nap.
Joanne told me that she was going to go and see somebody about a job.
I didn't know if that was true or not.
She had been acting strange.
Strange? Did you know why? No.
Not then.
We've heard testimony from a New Jersey police officer that your sister and her husband swindled gambling clubs.
You knew nothing about this? Joanne told me that she was in sales.
But when she showed up at the hotel, she told me not to tell anybody that she was there.
She seemed afraid.
Of you? No.
Isn't it obvious? She was hiding from somebody.
They killed her husband.
They must have killed her, too.
Why did you tell the police that you didn't know William Dunbar? That picture.
Joanne and I went for a walk in Central Park.
He started talking to us.
I thought that he was trying to pick us up.
I didn't even know that Joanne knew him.
They must have arranged to meet that way.
Joanne took that picture.
And why were you seen leaving William Dunbar's apartment at 8 a.
m.
, two days before your sister was murdered? I don't know.
That wasn't me.
The building superintendent says it was.
That must have been Joanne.
At 8:00 that morning I was buying a ticket for a Gray Line bus tour.
Do you recognize this? Yes.
That's the ticket I bought.
Mmm-hmm.
And is this the receipt for the traveler's check you cashed to buy the ticket? Marked 8:00 a.
m.
, May 11th.
Yes.
That's my signature and that's the clerk's.
Your Honor, I offer these into evidence as defense exhibits H and I.
I talked to the ticket clerk.
He doesn't remember her, but he swears he wouldn't have cashed the check without looking at her credit card and signature for ID.
Terrific.
It's not an alibi for the murder.
No.
It just blows apart your theory of motive, which she has neatly replaced with an alternate theory of the crime.
Dunbar's body, fairly persuasive, unless you're saying that she killed him, too.
They're still working on estimating the time of death.
She might have been in jail when he was killed.
Oh.
She has a knack for being in two places at once.
Dunbar's apartment and the tour bus.
How do you think she pulled that off? Jamie, did the police ever talk to anybody in Terre Haute? Well? If I could just have a few more minutes, Your Honor.
You're here.
I'm here.
Miss Sullivan is here.
Ah, Miss Ross.
How nice of you to join us.
I gather you stayed later than 8:00 a.
M.
This morning.
Was the gentleman more impressive today? Your Honor, I've been very busy.
What I'm suggesting.
On a matter of business for this court.
Oh, and I thought our business was here.
Whatever kind of romp you've been up to Is relevant to this case, if you'd stop focusing on my sex life.
You're in contempt.
I want a check for $200.
If you try to fine me Not now.
Approach, Your Honor? If she brings her checkbook.
Pretend he's your brother.
Miss Ross was on an errand in connection with an urgent motion by the People What motion? To amend the indictment and reopen the People's case.
We're supposed to hear closings.
The defense is ready.
Miss Ross has just driven in from LaGuardia with a witness who should be heard in support of our motion.
What witness? The defense had no notice, Your Honor.
Her name is LuAnne Walther.
She's a resident of Terre Haute, Indiana, and a former co-worker of Lucy Sullivan.
She will testify that the defendant on trial here is not Lucy Sullivan.
In my chambers.
You're telling me I've been sitting on the bench for the last month judging the wrong person? She fooled all of us.
She's Joanne Sullivan.
The victim? She killed her sister to assume her identity and escape the people who were pursuing her.
Except she happened to be caught for the murder? Her back luck.
I move for dismissal.
If the People don't even know who killed whom, I'd say reasonable doubt is manifest.
On the contrary, the evidence against the defendant is even stronger now, if you will allow us to reopen the case.
It would be stronger.
Is that why you're trying to turn my courtroom into a hall of mirrors? I want to put the truth before the jury.
What you can have is a mistrial.
Fine.
With leave to re-present.
Excuse me.
Jeopardy has attached.
A defendant can't be retried unless there's manifest necessity for a mistrial.
The only necessity here is Mr.
McCoy's ignorance of the facts of his own case.
We were all ignorant of the facts, because the defendant withheld them.
She's under no obligation to incriminate herself.
By telling us her name? Which would have incriminated her.
You just said it does.
You and your free-spirited associate have not done your homework, Mr.
McCoy.
You've wasted all of our time.
Your Honor Your motion is granted.
I'm declaring a mistrial.
Mr.
Gillum's motion is granted also.
The murder charge is dismissed.
It's outrageous.
Jamie won't play footsie with him, new facts disrupt his perfect trial, so he takes it out on us.
Right.
It had nothing to do with the fact that all this time you didn't know what you were talking about.
Dismissal of the charge was excessive.
Right.
You know who's who now? Yes.
This is Joanne Sullivan you've got there in Rikers? Who else could it be? Please don't ask.
I'll re-indict.
Judge Marks'll throw it out.
So I'll appeal.
Get the names right this time.
The prohibition against double jeopardy is not absolute.
Criminal defendants are re-tried after mistrials all the time.
When the mistrials are a matter of manifest necessity.
A hung jury, a lawyer drops dead The trial judge thought a mistrial was necessary here.
You wanted to amend the indictment and proceed.
You didn't think a mistrial was necessary.
No.
But Mr.
Gillum's brief fails to mention the second prong of the standard from U.
S.
V.
Perez.
"A retrial is permitted if the ends of public justice "would otherwise be defeated.
" The public is certainly entitled to retry a murderer when a mistrial has resulted through no fault of the People.
The People aren't at fault when they proceed to trial misinformed? Misinformed by a professional confidence woman who committed perjury and a fraud upon the court.
It would be repugnant to reward her.
Thank you.
The public always wants to retry people they think are murderers, but they're not allowed to throw out the Constitution to do so.
Is that what we're being asked to do? The prohibition against double jeopardy is paramount and And takes up 15 pages in your brief.
What I don't see there is what position you took regarding the mistrial.
Did you oppose it? I would have, if I'd foreseen that the People would attempt to retry.
"Would have"? Interesting.
We've read your brief, sir, and Mr.
McCoy's, and unless any of my colleagues feels differently I don't think we've heard anything new today.
We find the People's argument persuasive.
Accordingly, we remand this matter to part 47 for a new trial forthwith.
Given the circumstances of the order to dismiss, I respectfully suggest that this be reassigned through the general pool.
Why reinvent the wheel, Mr.
McCoy? The original trial judge is familiar with the facts and issues here.
It might even speed things up.
Where were you standing in relation to the door, Mr.
Wilkins? Move it along, Mr.
McCoy.
You've made your point.
I'm not quite finished, Your Honor.
He saw a woman leave the apartment.
He saw this woman, Joanne Sullivan.
Are you sure of that, Mr.
Wilkins? Pretty sure.
But you only saw her for a few seconds? That's right.
And you never identified her until the police showed you her picture? That's right.
I see.
Anything else, Mr.
McCoy? Not anymore.
Mr.
Gillum? No questions, Your Honor.
We ascertained that the New Jersey warrant was valid and proceeded to the apartment of the defendant's husband.
Was he there? No, he wasn't.
What did you do then? Approach, Your Honor? I assume that Mr.
McCoy is heading toward the discovery of the alleged murder weapon? Yes.
I want to object, out of the hearing of the jury, before he mentions it.
Object to what? Anything obtained in that apartment is the fruit of an illegal search and is inadmissible in this trial.
Your Honor, we dealt with that issue at a hearing before the first trial.
It was resolved.
Oh? Let's talk about it.
This issue was decided! It was your own ruling.
Yeah.
He ruled the search was illegal.
And that the evidence was nevertheless admissible against Miss Sullivan.
Because she had no standing! That was before we knew she was married to William Dunbar.
A wife certainly has an expectation of privacy in an apartment she shares with her husband.
You had an opportunity to bring that fact to the Court's attention then.
Not without incriminating my client, which I certainly am not obliged to do.
Anything else, Miss Ross? Mr.
McCoy? Fine.
Objection is sustained.
There will be no mention of anything found in that apartment.
By the way, Mr.
McCoy, I never had a chance to congratulate you on your victory in appellate court.
Detective, before our break, you testified that Mr.
Dunbar was not in his apartment? That's right.
How did you ascertain that? We entered the apartment and looked for him.
And in the course of such a search, you would routinely look anywhere a person could be hiding? That's right.
Did you open a closet door? Your Honor Mr.
McCoy If he can re-litigate the standing issue, I can re-litigate the plain-sight issue.
Not if I say you can't.
Detective Did you know the nature of the murder weapon? Yes.
It was a.
25 caliber pistol.
And before your visit to Mr.
Dunbar's apartment, had you been looking for it? We were keeping our eyes open, yes.
How about afterwards? Objection! Change the subject, Mr.
McCoy.
The matter deserves a hearing on the record.
Not another word.
With all due respect, Your Honor, when you change the rules of the game in the middle of a trial You're done, Mr.
McCoy.
There ought to be at least the appearance of impartiality.
Officer, place Mr.
McCoy under arrest for contempt of this court.
I move for an adjournment so that the People may appeal Your Honor's ruling.
Denied.
Cuff him.
Your witness, Miss Ross.
I'm going to need a moment to prepare, Your Honor.
Now, or I'll deem the People's examination concluded.
Nice.
Adam.
Mr.
Barton, Mr.
Jasperson, Mr.
Montoya Mr.
Schiff.
We're in a good mood, aren't we? All except Mr.
Jasperson.
He was just convicted of murder.
And it was bull.
I'm gonna be getting out of here soon.
Young man, sit down.
I understand you were in contempt.
Just a little.
Are you going to get the transcript to the chief administrative judge? I'm going to see Judge Marks first, about bail.
I'm okay.
But if you go, wear silk.
How long has it been, Adam? I was a defense attorney.
So were you.
The Ice Age.
I'm letting your boy cool his heels for a while.
It's for his own good.
Nathan, I read the transcript.
Then you know he was in contempt.
I read the whole transcript.
What were you doing, may I ask? Excuse me? Those remarks about where Miss Ross was spending her mornings Have you read the sexual harassment guidelines? I wrote them, remember? I was kidding with her.
And your questions to McCoy's witnesses? A judge of the Supreme Court of the state of New York is entitled to question witnesses.
He's not entitled to sound like the defense attorney or put words into witnesses' mouths.
Anything else, Adam? Yes.
I'd like you to step down from the trial.
This entire meeting is an improper ex parte approach.
If you leave in the next 10 seconds, I won't find you in contempt.
The District Attorney brought this matter to me with some reluctance.
Well-deserved.
I'm trying to run a trial.
I don't have time to Make some.
I'm taking this seriously.
Because a young woman can't take a joke? I'm not pressing any charge.
She could.
You should thank her.
Fine.
Thanks.
Goodbye.
I'm more concerned about the general tenor of this trial.
You know how I run a trial, George.
Yes.
Expeditiously.
And, usually, fairly.
Always fairly.
You've been hostile to the People, demeaning to their representatives, interfering with their witnesses You expect me to sit there like a lump while he springs surprise witnesses, half-baked appeals, revised indictments to turn my courtroom inside out to win a case he should have lost the first time? Nathan, you're not supposed to care who wins, remember? Your Honor, I'd like to request No need.
Nathan, you just caught a bad case of the flu and are unable to continue presiding over this trial.
I'm assigning Judge Bryant.
George Would you rather be sick, or be facing the Commission on Judicial Conduct? Your Honor, it would be highly disruptive to introduce a new judge at this stage of the proceedings.
It's your choice, Mr.
Gillum.
Judge Bryant, or we start all over again with trial number three.
From his sickbed, Judge Marks sends regrets and his thanks for your excellent service thus far.
Now, I am going to impose on you a little.
For reasons of law, with which you need not concern yourselves, you will be hearing again from some prosecution witnesses who have already testified, and hearing about some new evidence, which has not been presented to you.
Man one, Jack.
Sure.
If you can give me a good reason why I should accept a plea.
Please try to understand.
I was terrified.
So you shot your sister in the head? People were looking for us.
Billy was trying to make enough money so that we could get away.
He went out one night.
He didn't come back.
I knew they'd killed him.
I loved him so much.
I couldn't go to the police.
They were still looking for me.
I didn't want to die.
So you took your sister's life instead.
No deal, Stan.
My sister's life, Mr.
McCoy? My sister lived in Terre Haute, Indiana.
She stapled papers in an insurance office.
My sister didn't have a life.
Jury was back in 20 minutes.
Guilty, Adam.
She's going away, despite Judge Marks.
That's good.
What's the matter? Your leg acting up? When Nathan Marks became a judge, most of his colleagues cared only about getting re-elected and getting Fridays off.
Marks made himself a royal pain.
He cared mostly about justice.
It went to his head, Adam.
He brought himself down.
Yeah.
Pardon me if I don't celebrate.