Law & Order (1990) s09e14 Episode Script


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.
MAN: Hey, we're the first ones here.
WOMAN: That's because the ticket counter doesn't open till 8:30.
Well, at least we won't have to stand in line.
No, we can stand by ourselves for an hour and a half.
I need a restroom.
Hey, kids, look.
This is called, uh, Castle Clinton.
It's an old naval fort.
BOY: It's the President's fort? No, it's named after, um I don't know who.
But not the President.
Oh, there's the restroom.
They should name that after the President.
(SIGHS) It's locked.
Gary, we're goin' back to the hotel.
Shane, come on.
Shane, don't look at her.
No, she's just sleeping.
No, she isn't.
Her head's all messed up.
Oh, my God.
Come on, let's go.
We better get a policeman.
DETECTIVE: Gimme a big beauty shot of the gun with the hand.
Is this what I think it is? Yeah.
One lonely Saturday night too many.
Slug chipped General Booth over there and dug itself into a tree.
No suicide note, no ID.
Any idea how long she's been here? Ah, rigor's already set in.
Maybe, uh, six-to-eight hours.
There's not a lot of blood.
Well, it probably soaked into the ground.
Just for drill, test her hand for gunpowder.
I'd hate to think I got up this early on a Sunday morning for a suicide.
I missed the "Do Not Disturb" sign on your pager.
That's okay, I enjoy the view.
Ellis Island.
Statue of Liberty.
"Huddled masses yearning to breathe free.
" Or not.
The reason you didn't find much blood on the ground is that most of it's still inside her.
She was already dead when she was shot.
With enough force to break her nose.
There were no signs of sexual trauma.
Drug panel was positive for low levels of alcohol and fluoxetine hydrochloride.
How old? Twenties? Mid-to-late thirties.
No kidding? It's the skin.
I'd kill for skin like that.
Yeah? You sure you weren't in Battery Park around midnight? I was salsa dancing at the Copa.
And according to her body temperature, this lady wasn't outside more than a couple of hours.
Got a hit on her prints.
Janine McBride, 36.
That lovely lady has a sheet? No, she's got a Federal security clearance.
She was a deputy director with the Social Security Administration in Baltimore.
That's a long commute.
She's got an address down there.
Well, you know the drill.
Give our friends a call.
No boyfriend shirts, no boyfriend pants.
Does every girl gotta have a boyfriend? Murdered ones do.
Significant others is the number one cause of death among women.
No party hats.
Where do you keep yours, Sheppard? Next to my bed, in a gumball machine.
Mom and Dad.
Vivian and James McBride.
West 96th St.
New York City.
Car key.
The Baltimore Police told us her car has been missing from her garage since Saturday night.
We just talked to her on Thursday.
She would have told us if she were coming up to visit.
CURTIS: Did she have a boyfriend? No.
I don't think so.
Do you know why she was on medication? She had a prescription for Prozac.
We didn't know.
Well, we knew she was upset about her job.
Why is that? Up until a couple of months ago, she was working for the White House.
For the Council of Economic Advisors.
So Baltimore wasn't exactly a step up.
Did she have any friends here? Anyone she would have called? Ned Burks.
She went out with him for a few years.
MCBRIDE: She broke up with him nearly two years ago.
She wouldn't call him.
BRISCOE: Why'd you mention him? He's called me a few times in the last month asking about Janine.
He was always nice to her, but I don't know.
The last time he called? A week ago.
He asked me for a job referral.
He was in Asian hedge funds.
He got clobbered.
It doesn't make sense.
Who would do this to her? That's what we're tryin' to find out.
Where were you Saturday night? I was home.
I was on the phone.
Hong Kong, Manila, trying to drum up business.
We saw you have a permit for a handgun.
For my country house.
And as of last month, I don't have the country house anymore.
Look, I wouldn't hurt Janine.
I cared about her.
So we heard.
You've been calling her folks, keeping tabs on her It's not like that.
Then what is it like? When Janine and I were going out, we had dinner with them a couple of times a week.
They've always treated me like family.
And now that things are a little unsteady for you, you reached out to them.
Yeah, something like that.
CURTIS: You reach out to Janine? I called her last month.
She wasn't home.
I didn't have her work number.
Would've been nice to get back with her, yeah? I don't know if that was in the cards.
BRISCOE: Why not? I asked her a few times to marry me.
Uh, she never came out and said no.
I thought there might still be a chance to prove to her I could be everything she wanted.
They got a Beemer.
On Stone St.
, five blocks from the park.
We ran her plastic.
She bought gas in Jersey City just off the Turnpike, ten-minutes-to-five, Sunday morning.
Which is pretty amazing, considering she'd been dead for five hours.
Burks' alibi? LUDs confirm he was on the phone on and off till 4:20 in the morning.
That pretty much eliminates him.
Baltimore to Jersey City is, what, about a four-hour drive? Give or take.
Well, that puts the murder scene back in Baltimore's lap.
It's like I told you and, uh, cutie-pie, here.
Detective cutie-pie.
Yeah, right.
Miss McBride's car was here Saturday afternoon, and it wasn't here Saturday night.
What time again Saturday night? Maybe 10:30.
You told us 10:00.
Give or take.
What am I, Swiss? Who has the spot next to her? The Conways.
They went to, uh, Pompano for the winter two weeks ago.
Munch, what do these look like to you? CURTIS: The blood drops are the same type, same PGM, and same antigen as McBride's blood.
Probably from the broken nose she got when she was suffocated.
In her parking garage.
Looking more like Baltimore's problem.
And we've got nothing off the fingerprints.
But Baltimore got a hit off the serial number of the gun.
It's registered to a Eugene Lee in Timonium, Maryland.
Reported stolen two years ago.
VAN BUREN: Definitely Baltimore's problem.
Someone went to a lot of trouble to drop the body off on our doorstep.
Wouldn't you like to know why? Well, I'm sure Lieutenant Giardello will call me with all the fascinating details.
Right now, it's looking like a robbery-carjack.
We don't know for sure where she was killed.
You claiming joint jurisdiction? She was a high-level federal bureaucrat.
A GS-15.
If we let this slip through our fingers, we could end up lookin' like idiots.
We're still goin' with the perp being somebody she knew.
Either a boyfriend or somebody bucking for the job.
You workin' the address book? We couldn't come up with a boyfriend or anybody who saw her Saturday night.
We luminoled the bed.
Zip for bodily fluids.
We found blonde hair.
She was blonde, right? Top and bottom.
That's what I missed about you, Lennie.
Your succinctness.
CURTIS: Access denied.
SHEPPARD: Bill Gates is messing with my head.
CURTIS: Click on Utilities.
No, I'm not familiar with this password program.
Must be something new the Feds are using.
SHEPPARD: The lab can figure it out.
Where's Munch? In the bedroom with Lennie.
Those two can't keep their hands off each other.
Guess that means we're workin' together.
Last time, I had Falsone.
This is a big improvement.
You think? You're taller.
The place is negative for condoms or any kind of contraceptive devices.
Ditto peek-a-boo bras, merry widows, any Doc Johnson products.
This lady had no discernible sex life.
Maybe she enjoyed solitaire.
That would be a shame, because I saw her picture.
She isn't half-bad.
Uh, can you Can you get that? What, under there? Forget it.
Never mind.
Oh (GRUNTING) Mmm! Personal lubricant.
Cherry flavor.
Yummy! Solitaire's more fun with two players.
This is her office.
Janine was such a private person.
And here she turns up, splashed across the news.
We were shocked.
She'd only been transferred here a couple of months ago.
We heard she wasn't too happy about it.
I could never understand why.
She got a raise, more responsibility.
She just said she missed Washington.
Any particular person in Washington? That never came up.
How about somebody here? She brought a date to a couple of functions.
A good-looking man.
Works for Senator Romney's office here.
Um, Nelson.
Brett Nelson.
Just a casual date? Mmm, no.
But she told me she didn't know if it was going anywhere.
Did she want it to? Well, I got the impression that she cared more about him than he cared about her.
CURTIS: She tell you that? I overheard her on the phone with him.
Must have been a couple of weeks ago.
She was upset.
Janine was just a girlfriend.
There was nothing special going on.
You slept with her? Yes.
So what? Any chance she misread the signals? No, she wasn't that naive.
Guys usually keep their fingers crossed when they say that.
When the two of you shacked up, whose place was it, yours or hers? Either one.
All right.
On, uh, Saturday night? Saturday night I had chicken and mashed potatoes at the American Legion.
The Senator announced new defense contracts for local businesses.
What time did you leave? Uh, maybe 10:00, quarter past.
Where'd you go? Uh, I rented a video.
Jules and Jim.
Then I went home.
What about Sunday morning? I went jogging.
I think I've told you everything you need to know.
If you'll excuse me.
I took Jeremy for a walk at 5:00 Sunday morning.
Again at 7:00, at 9:00, and at 11:00.
Thirsty little guy, huh? He has bladder problems.
Anyway, I didn't notice if Nelson was at home.
He said he went jogging.
Well, if he was at home, I don't think he went out.
And why is that? His newspaper was still out front at 11:00.
You sure? Oh, yes.
Because I took it.
I don't know what time I came back.
I don't wear my watch when I jog.
Then what? You read the Sunday paper at home? Yes.
The paper you get delivered? (OVER SPEAKER) Yes, the paper I get delivered.
The paper your neighbor stole from you? Look, I didn't kill Janine.
I didn't see her Saturday or Sunday.
Then we need to know why you've lied to us.
I have not lied.
I saw the paper was gone, so I bought one on the way home.
You told us you rented a movie on Saturday night.
The video store has you renting it Saturday afternoon.
Yes, but I exchanged it Saturday night for another copy.
The tape was defective.
That's what I meant.
They don't keep a record if you exchange it for the same movie.
So don't tell me I've lied to you.
I wasn't with Janine.
I was home.
I'm still getting a twitch from this guy.
It's got nothing to do with McBride.
I think he's gay.
Why? Because he didn't come on to you? I didn't come on to you.
Yeah, whatever you say.
Look, just because I opened your door doesn't mean I'm flirting with you, Rene.
It's just my upbringing.
Besides, I'm very married.
You know what my mother says? What's that? That most men cheat.
And the ones that don't are just afraid to.
So, adulterers or cowards, huh? You have the same high opinion of men as your mother does? I'm a romantic.
I'm still hoping to find a man I can trust.
As for Nelson, he gave himself away.
He was checking you out.
Nelson, we'd like to believe you didn't hurt Janine, but our gut tells us you're lying to us.
CURTIS: As long as we have that feeling we're not letting go of you.
The longer you're a suspect, the more you become an object of public curiosity.
Listen to me.
Your whole life will be out in the open.
But if you want to come clean with us now, nobody'll be the wiser.
I don't want the Senator embarrassed.
So where were you Saturday night? I was at a friend's house.
You understand we'll have to verify that.
His name is Dennis Jasper.
CURTIS: What was your relationship with Janine? She needed a date for official functions so she called a friend-of-a-friend in DC.
Did she know you were gay? That was the point.
She didn't want any misunderstandings.
Jasper confirmed Nelson's alibi.
Janine McBride's gay, too? Mutual friend she had with Nelson confirmed it.
So, beating around the wrong bush.
A man still could have done it.
Some rejected suitor venting his heterosexual rage.
Ah, Nelson feels pretty sure that if McBride had a problem with anybody she would've mentioned it to him.
Did he know if she had a lover? She never mentioned anyone to him.
Well, that lubricant wasn't for squeaky bedsprings.
Anybody check her phone records? Yeah.
Since she moved to Baltimore, calls to her parents, to work, to DC, various government offices.
Lots of those Well, assuming the suspect is one of McBride's lovers, we start with the local lesbian bars.
John, I'm sure you have a list.
As a matter of fact I've never seen her here.
You sure she was gay? I don't believe a woman is gay until she personally rejects me.
You must know a lot of lesbians.
Thanks, ladies.
Lennie, there's gotta be ten women for every woman in this place.
And all gorgeous.
And happy.
As soon as they invent artificial sperm and a machine that opens jars, you and I are outta business, old buddy.
Yeah, her name is Jean or something like that, right? Janine.
You know her? From DC.
I used to work there.
And she's been in here a couple of times.
CURTIS: Alone? Yes.
Left the same way.
Did she patronize any of the other clubs? She wasn't into the scene in Baltimore.
She cruised the clubs in DC.
Did she talk to anyone when she came in here? No.
She'd have a drink, use the phone, have another drink, use the phone again.
Not what you'd call a happy little Mouseketeer.
I know who guys call from bars.
Mistresses, bookies Hookers, drug connections Yeah, but who do lesbians call? You know, we're suckin' wind here.
The barkeep didn't even remember the last time McBride was in there.
John, John.
That's what makes a great detective.
What makes a great detective is a great snitch.
The lab got into McBride's computer.
Most of it was work-related, personal finances.
But there was this.
A draft of an unaddressed letter.
"Since I've been unable to get redress through "normal channels, I must resort to "a personal communication with you.
"As you are well aware, my transfer to Baltimore has "completely overwhelmed me.
"It is unfair and unwarranted.
You and "I both know the personal issue "that led to this transfer.
"Unless the situation is rectified to my satisfaction, "I warn you, I will go public.
"I will name names.
" Looks like they rectified the situation to their satisfaction.
BRISCOE: Here we go again.
The Manchurian Candidate was a work of non-fiction, Lennie.
(SIGHS) Anybody know a good hotel in DC? It's all yours, Lennie.
I better get back to my family.
I might as well get back into rotation.
Dibs on the right side of the bed.
You know what the holdup is? Me.
I'm a security risk.
You're a cop.
Before I got on the team, I was down for the revolution, Lennie.
I was a street fighting man.
I made a Freedom of Information request for my FBI files two months ago.
They're probably still figuring out how many 18-wheelers it's gonna take to get it to my mailbox.
I'm on their books as an enemy of the state.
I might as well have stayed home.
Sirs, you've been cleared to go in.
Palnick's office is on the third floor.
You're welcome.
I'm very sorry you had to wait.
I needed the okay from next door to talk to you.
With the Independent Counsel tossing subpoenas left and right, everyone's very careful whom they talk to.
Well, we're just here on a nice simple murder.
No high crimes or misdemeanors.
What exactly does the Council of Economic Advisors do? Engineer the collapse of the ruble? (LAUGHS) No.
Please, sit.
We collect newspaper and magazine articles on relevant business issues.
BRISCOE: Why was Ms.
McBride transferred to Baltimore? Her position here became redundant.
Her name went back in the hat.
Just the standard red tape.
Well, according to a letter we found, she was under the impression that she was moved because of a personal issue.
What issue? She was gay.
No, I hardly consider that an issue.
Everyone knew.
People who think somebody's out to get them are usually right.
Well, I can see why Janine might have felt that.
A few months ago, I got an anonymous call from a man.
He was obviously upset.
He told me that Janine was a lesbian, which wasn't news to me.
He accused her of soliciting sex from some of our junior employees.
Did you tell Ms.
McBride about the call? Yes.
She said it was someone who was stalking her.
I told her to report it to the police.
I don't think she listened.
This man, did he give the name of the junior employees? Mmm-hmm.
He mentioned three names, I talked to them.
They denied Janine ever had any improper dealings with them.
Well, we'll need to ask them if they know who this stalker is.
Uh Susan Tremar took a private sector job in Los Angeles.
Connie Morris is on maternity leave in St.
But Katherine Raynor works across the street in the Chief of Staff's office.
There you go.
Uh, I only have, like, half-an-hour for lunch, and I still have to get a yogurt.
So We appreciate you're taking the time.
Uh, I just want to know how my name came up.
I mean, a murder That's just That's, I don't know, it's crazy.
Well, an allegation was made that Ms.
McBride sexually harassed you.
(LAUGHS) Okay, that's a joke.
It never Who told you that? Ms.
Well, I told her it wasn't true.
Just because I was friendly with Janine doesn't mean there was anything weird going on.
Who would make an allegation like that? Some prejudiced person who doesn't like gays or wanted Janine's job.
You ever discuss this with Janine over yogurt? Ms.
Palnick told me not to.
Besides, Janine and I only talked about our parents and clothes and guys.
Guys? People are people.
Janine gave me advice about relationships.
Does anyone else know you're talking to me? No, it's just our little secret.
Did she ever mention that she might be having a problem with somebody stalking her? Uh, yeah.
She said there was some creep bothering her.
Her neighbor in her old building, he's FBI.
She asked him to talk to the guy.
I spoke to him as a private citizen, not in my official capacity.
I was just being a good neighbor.
Do you know why he was harassing her? No.
And I didn't get into it with him.
We had a very short conversation.
Did the trick.
Apparently not.
McBride was found murdered in New York last week.
And you suspect this person? We just need to have a longer talk with him.
Uh, if you could just give us his name.
I better run it by my station chief.
Don't get any ideas.
This is our case.
I'll convey that to him.
Now, if you gentlemen will just wait here.
Uh, one more thing.
I sent away for my FBI file under the Freedom of Information Act.
Seeing as I'm here, any chance I could pick it up? My assistant might be able to help you.
He's not gonna give us the name, Lennie.
The cone of silence is descending on our little investigation.
It's just the usual cover-my-ass shuffle.
You think that.
In the meantime, the phone is ringing in the Big Apple, in Charm City The hook is poised to yank us off the case.
Would a cup of coffee make you even more paranoid? We located your file, Mr.
If you'll just sign here.
Uh, we have a mid-sized car.
I'm concerned it won't fit in the trunk.
You shouldn't have a problem.
And, uh, this is from Agent Hardin.
It's the name you wanted.
Thank you.
(CLEARS THROAT) And the lucky stalker is Frank Willington.
Works at the Pentagon.
This is spooky, Lennie.
What? My file, where's the rest of it? It's page one of one.
Well, this can't be everything, Lennie.
I mean, I was a dangerous radical, left-wing journalist "Subject is an occasional reporter and music critic for "the alternative weekly, The Paper.
"Field interviews reveal that, while vocal, subject is "considered a dilettante and "a non-entity in local radical politics.
"In our evaluation, subject poses no threat.
" Well, better luck come the next revolution, John.
WILLINGTON: I was not stalking her.
It just got blown out of proportion.
Well, what exactly were you doing? I just had to talk to her.
Why? She owe you money? You lent her a book? You knew her from a previous life? It was a private matter.
Frank, we know she hit from the other side of the plate.
Look, I have stayed away from Janine McBride.
I haven't phoned her.
I haven't talked to her.
You been to Baltimore lately? Yes.
Every other week on business.
How about a week ago last Saturday night? I was at the movies with my kids.
Then we went home.
Can your wife verify that? My wife, she's not staying with us.
It's temporary.
I don't want you bothering her.
MUNCH: Either your wife or your kids, Frank, somebody has to corroborate your story.
You just stay away from my family.
I'm going back to work.
You just stay away from us.
The wife? Uh Fay Willington, Assistant Deputy Under-Secretary, Department of Labor.
It's a trial separation.
Frank and I just need a time-out.
He's a pretty intense guy.
Why would you say that? Just a hunch.
What was his relationship with Janine McBride? None.
I mean We only knew her socially.
Any idea why he was harassing her two months ago? I'm sure he wasn't.
Anything to do with why you're separated? I only agreed to talk about my husband.
Fine, your husband.
Do you know where he was Saturday night two weeks ago? Took our children to see a movie.
He was home after that.
And where were you? I was at my apartment.
But you happen to know that he was home with the kids in Georgetown? I talked to him when the kids called to say good night, around 10:30.
How do you know he didn't go out after that? Well, I called Frank.
Just after midnight.
I had to remind him that Daniel's soccer game We can pull your phone records, Mrs.
Find out if you really did make that call.
You sure you didn't just imagine it? I want to talk to my lawyer.
She's already upstairs.
Her lawyer practically brought her in with a coat over her head.
Sounds a little overcautious.
In the land of the Red Mass and programed assassins, paranoia is a healthy response.
The Red Mass? The secret Catholic Mass held for the Supreme Court the Sunday before their session.
All the justices dress in red for the occasion.
I'm intrigued you haven't heard of it, Counselor.
Room 1215.
I don't want to talk.
I don't even want to be here.
JACK: Just so you understand.
I can have you arrested and held until you change your mind.
She's not a material witness.
I'm saying she is.
We need an absolute guarantee her identity will be protected.
We can do that.
But if it goes to trial, she'll have to testify.
I don't want my children to know.
Best we can do in the event of a trial is ask the judge to close the courtroom for your testimony.
I had an affair, with Janine McBride.
That's why Frank harassed her.
That's why we separated.
If this comes out We're not that far north of the Bible Belt.
She's afraid she'll lose custody of her kids.
She said her husband knows.
He thinks it's a phase.
JACK: But it isn't? No.
Did he kill Janine McBride? No.
How can you be sure? You don't know where he was late Saturday night.
I know where Janine was.
I was at a club.
I ran into her in the parking lot.
She had a young black woman in the car with her.
Very attractive.
Very Hard looking.
Probably a prostitute.
And Janine drove off with her.
JACK: We'll need you to look at mug shots.
See if you can pick her out.
All right.
Please, you have to promise to keep my name out of this.
We'll do everything we can.
Here's your girl.
Chesley Purcell, 28 and multiple convictions.
Solicitation, possession with intent, larceny.
She used to be one of Marion's party girls.
Where can we find her? Well, she's on parole from an assault two.
Let's see what the report says.
Last known She's one of yours, bud.
She relocated to Baltimore eight months ago.
SHEPPARD: Police! Don't move! COP: Freeze! Hey, hey, hey! What'd I do? What'd I do? Where is she? Where's Chesley? She ain't here! Don't shoot! Who are you? I'm her cousin, Leon.
I came up from Alpharetta two weeks ago.
Well, cousin Leon, you better tell me where she's at.
She went to New York City.
Where? Give me an address.
I don't know an address.
She called me.
She had me put a suitcase on a bus.
When? Yesterday.
I sent it to the bus station in New York.
I want extradition papers drawn up as soon as possible.
The name is Chesley, with an E-Y, Purcell.
Thanks, Rey.
Yeah, get back to me as soon as you know, all right? Curtis checked with the bus company.
The suitcase is still at the Port Authority.
He's got a team sittin' on it.
We need to get Willington's statement under oath.
JACK: Good.
We need to act fast and quietly, before Purcell knows she's in our sights.
Cousin Leon doesn't know any of her friends.
But he saw her with a .
38 four days before McBride was killed.
I want him kept in isolation.
Mike Giardello wants us to call him and keep him in the loop.
(TELEPHONE RINGS) Lost platoon.
Hold on.
It's for you, Counselor.
This is Jack McCoy.
I have a plane in an hour and a half.
We'll be downstairs.
William Dell, the Independent Counsel, wants to see us.
It appears she met the wrong person in a bar.
The police have identified the suspect.
We expect an arrest any day.
I am told that you're relying on a statement and an identification by one of Ms.
McBride's friends.
I'd like a look at that statement.
Why? It might be relevant to my investigation.
I'd also appreciate it if you made the witness available.
With all due respect, Mr.
Dell, we're not ready to do that until the suspect's in custody.
Danvers, I'm trying to be courteous.
You're required to comply with any request from an Independent Counsel.
We don't want to run the risk of compromising our investigation.
We secured the witness's cooperation with a promise to preserve her anonymity.
That's a very unrealistic promise.
It was ours to make.
We intend to live up to it.
Aren't you charged with investigating financial misdealings by the administration? How does Janine McBride figure into that? The street only runs one way, Mr.
You tell me what you know.
If you're not familiar with the Independent Counsel statute JACK: I know the statute.
I also know about the leaks of grand jury testimony from your office.
The Justice Department is investigating your investigation.
McCoy Speaking for myself, I'm not putting my witness and my murder case in jeopardy just to satisfy your curiosity.
I have to follow Mr.
McCoy's lead on this.
McCoy's lead? Mr.
Your full name is John James McCoy? Yes.
JACK: What's this? I'm subpoenaing you before my grand jury.
You're asking me to quash the Independent Counsel's subpoena? Mr.
McCoy, the statute specifically gives him unfettered subpoena power.
Except where, quote, "the interests ofjustice and privilege may apply.
" Apprehending and convicting a murderer must take precedence over whatever it is Mr.
Dell has been investigating these last four years.
The Attorney General of the United States deems my inquiry to be in the national interest.
That interest cannot be superseded by some parochial concern.
If Janine McBride's murder is a parochial concern, why is the Independent Counsel so interested in it? That's a question I don't have to answer.
McCoy, I don't see how giving him what he wants would imperil your prosecution.
I can't take the chance of finding what I tell his grand jury on the front page of the Post.
You'll have to, Mr.
If you'll allow me, Your Honor, I'm not done.
I'm invoking the work-product privilege.
The documents Mr.
Dell wants were created by me and Mr.
Danvers in anticipation of a trial.
Two presidents asserted executive privilege to defy an independent counsel's subpoena.
The Supreme Court shot them down.
Even they had to submit.
Now, is Mr.
McCoy placing his privilege above the President's? Only an independent counsel would be that arrogant, Mr.
Your Honor, Mr.
McCoy can avoid appearing before the grand jury if he will just turn over the witness's statement.
That's no choice at all.
From how I read the statute, it's the only one you have.
Your motion to quash is denied.
Either you give him the information he wants, or you appear before his grand jury.
I'll look forward to your decision, Mr.
He's already deposed Jamie Ross about my run-in with the Disciplinary Committee.
Now I hear he's deposed Diane Hawthorne.
Oh, boy.
Someone fill me in here.
Who's Diane Hawthorne? She was an A.
I had a relationship with her.
ADAM: Well, now you know what Mr.
Dell's going to ask at the grand jury.
He's going to roast your pistachios.
He's trying to bully me.
And now you know how it feels to be on the receiving end.
Except, unlike Mr.
Dell I don't have unlimited time and money.
I have other cases.
You don't like the Independent Counsel because he's independent? I don't like him lousing up my murder case.
By giving him what he wants? I made an agreement with a witness.
It's not binding.
You're scheduled to go before the grand jury day after tomorrow.
What if the police can't find Miss Purcell by then? I'm not answering any question that'll compromise my case.
Contempt of a federal grand jury.
Good plan.
I hope for your sake Miss Purcell shows up soon for her suitcase.
She claimed it about twenty minutes ago.
Our team moved in when they were about to lose her in the subway.
She won't even give us her name.
CARMICHAEL: What is she, 12, 13? CURTIS: Yeah, usual junk in her pockets.
Gum, subway tokens, couple of dozen POGs in a plastic bag.
My kids used to collect them.
Mine still do.
CURTIS: Couple of these look like they were made at the corner bodega for the neighborhood kids.
Oh, great.
You made her cry.
She won't talk.
VAN BUREN: We can always wait her out.
Hey, sooner or later, Purcell's gonna notice the kid didn't get back with her suitcase.
Any way to trace the POGs? Sure.
Could take a day or two.
Better if it takes one.
Jack goes in front of the grand jury tomorrow.
JACK: The eyewitness saw her with the suspect, at a club in Washington, on the night that she was killed.
Did the police question anyone at the Council of Economic Advisors? Yes.
McBride's former boss, Judy Palnick.
Any other former colleagues? Yes.
An assistant, Katherine Raynor.
Raynor presently works in the office of Deputy White House Chief of Staff Carla Bernardi.
What was the substance of her statement to the police? Ms.
McBride had been accused of improper conduct toward Ms.
Raynor denied any such conduct occurred.
DELL: What kind of conduct? Sexual harassment.
Was Ms.
McBride a lesbian? Yes, according to the people who knew her.
Did she have a relationship with Ms.
Raynor? Not to our knowledge.
With anyone within the administration? Again, not to our knowledge.
With anyone within the government? Mr.
Dell, we didn't make a point of cataloging Ms.
McBride's sexual encounters.
That's not what I asked.
I'm directing you to answer.
I know what you asked.
I gave you my answer.
At this point, Mr.
McCoy, I remind you that any failure to answer can be construed as obstruction ofjustice, which is an underlying element to a charge of conspiracy.
I want you to be clear about that, Mr.
SHOPKEEPER: Yeah, these four are mine.
Kids come in and buy $5 worth of candy, and I give them one.
My wife came up with that idea.
This girl ever buy candy from you? Yeah.
Yeah, I recognize her.
Her name's Ashley.
I don't know her family name.
She's okay, isn't she? She's fine.
You know where she lives? Yeah.
Building over on 144th with an aunt.
Sometimes an uncle.
Lot of people coming and going.
I hear it's mostly pipeheads.
She ever mention anybody from out of town staying with them? Somebody from Baltimore? No.
But a few days ago, she came in asking for a six-pack of Natty Boh.
I told her we don't carry it.
National Bohemian.
That beer from Baltimore.
Since the suspect is still at large, I must respectfully decline to answer your question.
Can you at least tell us if the suspect is a current or former employee of any branch of the government? No.
Not so far as we've been able to determine.
This eyewitness who identified the suspect, are they a current or former employee of any branch of the government? A current employee.
Please name the witness and describe the specifics of their statement to the police.
For the reasons that I have given before, and with all due respect to the grand jurors, I'm not going to answer that.
McCoy, Judge Chilvers of the DC Circuit ordered you to answer my questions.
She ordered me to appear before the grand jury.
I made a deal to preserve my witness's anonymity.
I see no compelling reason to go back on my word.
I'm sure the grand jurors understand that prosecutors must honor agreements with witnesses.
I didn't allow you to make a statement, Mr.
I ask you again.
I already gave you my answer! Mr.
McCoy, what are you hiding? Nothing.
I'm simply trying to discharge my duties as a prosecutor for New York County.
Your duties? Mr.
McCoy, weren't you called before the Disciplinary Committee of the New York Bar Association for withholding a witness statement in a murder case? I ultimately offered that statement at trial.
That wasn't my question.
Yes, I appeared before the Disciplinary Committee.
Isn't it true a fellow A.
, Diane Hawthorne, illegally withheld exculpatory evidence in a case you were both prosecuting which led to the conviction of an innocent man? Yes.
I had no knowledge of that, and furthermore This A.
Was one of your lovers, isn't that right? Now, you just hold on.
A simple yes or no, Mr.
I can't see any possible relevance I see in your record a disturbing pattern of perjury, contempt of court, obstruction ofjustice.
I want to know what it is you're hiding, Mr.
McCoy, and why.
I answered that.
Not to my satisfaction.
One of the principal investigators in Janine McBride's murder is Detective Leonard Briscoe, is that right? Yes.
The same Detective Briscoe who was investigated by the Hellman Commission for destroying evidence in a drug case? Why don't you tell the grand jury he was cleared of that? Just a moment, Mr.
And whose daughter was murdered after testifying in the trial of a drug dealer? What are you insinuating? His involvement in this case raises serious concerns about the integrity of your investigation.
Detective Briscoe is above reproach.
You're hardly an impartial witness.
Wasn't he a passenger in a car driven by another one of your lovers at the D.
's office when she was killed? Wasn't he drunk at the time? The accident report indicates that he was.
Now, one last time, Mr.
McCoy, what is the name of your witness, and what did they tell the police? Mr.
Dell, have you no shame? Have you no shame? What I have is little patience for people who stonewall me.
I direct you to answer.
McCoy? I'm going back to New York, Mr.
I've got work to do.
Officer, place this man in custody.
COPS: All right, freeze! Police! Freeze! BRISCOE: All right, all right.
CURTIS: Cuff her feet.
Take it easy.
I got her.
Ah Here's what she was going for.
You're one bad girl, Chesley.
I am quite prepared to cite you, Mr.
McCoy, unless you answer his questions.
I'm sorry, Your Honor.
There's no legitimate basis for his questions.
Dell isn't searching for truth, he's trading in character assassination.
Your Honor, I'm going to seek charges against Mr.
McCoy for obstruction ofjustice and conspiracy to obstruct.
I want him held.
McCoy, you are putting me in a very difficult situation.
Yes? A Ms.
Carmichael called from Mr.
McCoy's office.
She insisted I give you this message.
Your Honor, I'm ready to answer one of Mr.
Dell's questions.
The suspect is in custody.
Her name is Chesley Purcell.
She's being held for interrogation.
That's not good enough, Your Honor.
I want the name of the witness.
What can the witness give you that the suspect can't? I'm going to reserve decision on the contempt charges.
You may go, Mr.
Thank you, Your Honor.
DANVERS: We have hair and fiber evidence from McBride's car, we have McBride's credit cards in your apartment, and we have eyewitnesses.
You're facing charges in two jurisdictions, honey.
BRISCOE: Not to mention the attempted murder of a police officer.
That's what you get on the play for the shotgun.
Your only choice is to make a statement, and cut the best deal you can.
Can you get them to open up a window? All these dicks are stinking up the room.
SHEPPARD: If I were you, I'd get that attitude out of your ears and listen to what the man has to offer you.
Aren't you some tall, cool glass of lemonade.
How'd I miss you in Balto? ARKADIE: What kind of deal are you talking about? We make the attempted murder go away.
She does twenty-to-life for the murder.
I want a card.
A get-out-of-jail-free card.
These gentlemen are with the FBI.
They've been sent here by the office of the Independent Counsel.
Dell's asserting jurisdiction over the case.
He got a federal court order to bring Purcell back to Washington.
What are they going to do, spirit her out of the country? He's claiming her as a witness.
He means to put her in front of his grand jury.
The only way he gets her to talk is with an offer of immunity.
Meaning we won't be able to touch her.
She's a witness to what? CARMICHAEL: I read the supporting affidavits to the court order.
Dell claims Purcell has damaging information about McBride's relations with various prominent government figures, including Fay Willington.
How the hell did he find out about Fay Willington? An FBI source.
Agent Michael Giardello.
Dell has a court order.
You can't ignore it.
Let him take Purcell.
In the morning, you find a judge and appeal.
Best that you can do.
I pity those guys.
That lady's gonna curl their shorts.
(GUNSHOTS) (PEOPLE SHOUTING IN ALARM) Call the paramedics! Forget it.
She's dead.
BURKS: She took Janine away from me.
She took her from me! Come on, let's go.
VAN BUREN: We talked with Janine McBride's parents.
They got a call yesterday from a reporter at the Post to get their reaction to the capture of their daughter's killer.
Apparently this reporter also talked to Ned Burks.
And the reporter tipped off Burks that Purcell was being held here.
What does Mr.
Burks say? All-in-all, he's pretty pleased with himself.
BRISCOE: Yeah, the Post will be happy, too.
Caspar Milquetoast kills Ms.
Nice and simple.
Wraps up our end of it.
This one's definitely in your ballpark, Jack.
Chesley Purcell got one break.
How's that? She won't have to sit in the same room with William Dell.