Law & Order (1990) s19e05 Episode Script
Knock Off
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.
Watch your step getting off.
Have fun, stay safe.
For you shop-till-you-drop types, I suggest Ming's General Store, right here.
Best prices in Chinatown and a complimentary Big Apple snow globe with every purchase.
What time do we need to be back? You've got about three hours.
If we're going to beat the traffic out of the city, we got to be on the road by 4:00.
Yeah, I get it, but 5% is not what we agreed to.
Your overhead? Give me a break.
Have you seen what diesel's going for? Aw, jeez.
Hold on a minute.
I think one of my passengers did his shopping in a bar.
Hey, buddy! You okay there? Jesus! The bus driver said his name was Timmons.
They're a church group from upstate.
Dargerville.
That's way upstate.
William Timmons, 36, full deck of credit cards, plenty of cash.
Those church folks were set on this being a mugging.
They'll be disappointed.
Haven't they heard? Nobody gets mugged in New York anymore.
Looks like two shots from up close.
Nobody said they heard anything.
There's a blood trail into the alley.
What have you fellows got for us? We got spatter on the wall there and a bloody palm print here, probably from the victim.
No shell casings.
Shooter either picked them up or used a revolver.
You got to wonder what Mr.
Timmons was doing back here.
I mean, he didn't come all the way from Dargerville to visit a New York City alley.
Maybe he thought the dumpster-diving's better here.
He sat up front, took both seats for himself.
Usually the ones that sit up front like to chat, but not this one.
Timmons, right, that was his name? Yeah.
Did he say why he was coming into the city? No.
He asked how long he had to walk around.
Sounds like this was his first time on your bus.
I'm pretty sure it was.
St.
Giles' up in Dargerville hires me every couple of months to take a group down here.
He wasn't a regular parishioner, I can tell you that.
I take the collection every Sunday and I've never seen him.
Did you see Mr.
Timmons when you were out shopping? We didn't do much shopping.
Those are just some souvenirs.
Really? Mind if I take a look? Check this out.
This looks like real Italian leather to me.
This must've set you back a bunch.
They were cheap.
Because they're fakes? Bob, our driver, says we aren't really breaking the law.
Oh, so this was Bob's idea? He knows the shops with the best deals.
Lately, it's been Ming's.
And before there, it was someplace else? A place called Y.
K.
's.
But the last time we were there, he got into some kind of argument with the proprietor.
Some kind of argument? They gave him a black eye.
So the stores give me a little taste.
I steer a lot of business to them.
So, you don't have a problem promoting the sale of counterfeit goods? Have you ever seen the factories where they make these knockoffs? Little kids running big machines.
Fifteen-hour days, no breaks.
A piece of rat meat for lunch.
You're making this up.
Sure, just like we made up the shiner you got the last time you were in town.
That? I ran into a lamp post.
You don't get it, do you, Bob? When you switched from Y.
K.
's to Ming's, you put yourself in the middle of a turf war.
Killing Timmons.
That was a warning to you.
To me? Yeah.
You don't steer your passengers back to Y.
K.
's, the next time they're going to come after you.
Well, um, what do you want me to do? Police.
Everybody! Up against this wall, right now.
We're looking for Mr.
Y.
K.
Anybody seen him? Nobody? I'm Y.
K.
Mr.
Y.
K.
, you're under arrest for assault.
Yeah, who say that? The bus driver you punched.
I no punch no bus driver.
This guy, he was in your store? No, we no see him.
Hey, you speak Chinese? You keep lying to me, and my Chinese will be the least of your worries.
Okay.
He ask me how to get to subway.
I tell him, you buy map.
He very cheap.
You know why? Because he buy paper map, he not even buy laminated.
The M.
E.
Pulled two slugs out of Timmons, both.
38s.
So what do you make of the puncture marks on his forearm? Track marks.
The way they're scarred over, I'd say he's been off the needle for a good year.
No, not those, these here.
They look like pin pricks.
Maybe he got acupuncture.
The Transit Authority found Timmons on their cameras.
They sent me over the link.
Here he is at the Canal Street station.
He's taking the uptown R.
They got him coming out of the station at 28th and Broadway.
Look, look.
He's heading north on Broadway.
What's north on Broadway? Macy's, the Garden The flower district.
The pin pricks on his arm could be from thorns.
Yep, that's the guy.
The manager, Dianne, she got into a fight with him.
What about? I don't know.
He came in and asked for her.
I went into the back to get her.
I come back a couple of minutes later and she's screaming at him and hitting him.
She knocked him into that.
And this guy was just taking it? Not like he had a choice.
Dianne, she's got some moves on her.
So then, he's on the ground and Dianne says to me, "Don't let him go, I'll be right back.
" And then she split.
What do you think she had in mind? I don't know.
She lives right around the corner.
So then, you handled Timmons? Sure, I put him in a headlock and I made him my bitch.
What do you think? He split, too.
What about Dianne, when she came back? She never came back at all.
And she called in sick today.
That's not him.
Cesar gets people mixed up all the time.
All right, then who's the guy you tossed into the flower cart? Some creep who thought he knew me.
And that gets him a beatdown? He tried to touch me.
Then you ran outside and told Cesar to keep him there until you came back.
I needed to get away.
I was upset.
Are you still upset now? Is that why you called in sick? I don't think I like the tone of your question.
You do martial arts? Cesar said you had some moves.
I train in DZR jujitsu.
These your certificates? It's impressive.
Intimidating, that's the idea, right? In case one of your guests gets an idea in his head.
I want you to leave now.
Like this one here.
From the NRA, for marksmanship.
That would make a guy think twice.
I want you to go.
Yes, ma'am.
Lupo.
Sure.
Excuse me.
Hey! Hey! Hey! Hey! Hey! Hey! You really don't like people touching you.
You did that on purpose.
Shame on me.
And now you're under arrest.
The employee's positive it was Timmons in the flower shop.
And it turns out that Dianne Cary's prior address was in Dargerville, the same as Timmons.
They were hometown neighbors up until a couple years ago.
Or maybe hometown sweethearts.
Well, if so, I can see why she ditched him.
Timmons had a dozen dope beefs, the last one six years ago.
Then there was an arrest three years ago, but no charges were filed.
So he drops in on Miss Cary to, what, rekindle the old flame? Instead stirs up some bad feelings.
She decks him And runs home to get the gun, except you didn't find it.
She didn't win an NRA certificate with a Super Soaker.
The.
38 that killed Timmons is probably in a sewer between Chinatown and her place.
Her sheet's clean.
Only thing is a lien against her three years ago from a hospital in Dargerville.
Three years ago.
Mmm-hmm.
When exactly? June 8th.
Wasn't Timmons arrested June 9th? Mmm-hmm.
What was Miss Cary in the hospital for? Doesn't say.
The medical info is redacted for privacy.
The only thing is an itemized invoice attached to the lien.
Miss Cary, I'm Lieutenant Van Buren.
I want to file a complaint.
That officer touched me inappropriately.
Yes.
Yes.
We'll get to that, but first I need some information from you.
Did you know William Timmons when you lived up in Dargerville? Thousands of people live in and around Dargerville.
No doubt.
What happened to you two up there? Nothing happened.
I don't think you have the right to ask me Miss Cary The code on this itemized bill is from your hospital visit three years ago.
This code is for a rape kit.
The doctor took evidence in a rape investigation, and William Timmons was arrested the next day.
Now, he was arrested but no charges were ever filed and he was released.
Did he rape you and get away with it? Is that what this is about? I No.
I won't talk to you.
I want my lawyer.
I don't want to talk to the police at all.
Just get the hell away from me.
All right.
The D.
A.
Of Otsego County couldn't find any record of a rape case involving Timmons or Dianne Cary.
Then again, he said he'd only been in office a few months and his files were a mess.
Or maybe the rape didn't happen.
Everything about her tells me as far as she's concerned, she was raped.
Well, we're not going to find out one way or the other 200 miles away.
Let's hit the road.
And away we go.
You check with Admitting? Yeah, they couldn't find it on their computer.
That figures.
When they upgraded two years ago, half the files didn't show up for work.
June 8th, you say? Yeah.
The patient's name was Dianne Cary.
Oh, here it is.
Dianne Cary, female, 29 years old.
What do you need to know? Her hospital bill indicated that she had a rape kit done.
We need the results.
Well, that won't be in here.
But let's see what the duty nurse wrote.
Oh, multiple contusions to the face, vaginal tearing Sounds like forcible intercourse to me.
Anybody call a cop? She was released to a friend by the name of Leila.
Oh, here.
A deputy sheriff responded to the hospital and took a statement from Miss Cary.
That would've been Deputy Linz.
He'll be in later today.
I remember that case well.
That poor girl was hurt pretty bad.
You made an arrest the next day.
Right, William Timmons.
I understand he was shot a couple days ago in your neck of the woods.
That's right.
Well A bullet never found a more deserving home.
When we learned of his passing, we had his place in town secured, in case you want to take a look at it.
We might.
Timmons was never prosecuted for the rape.
No, he had a kind of an alibi.
And the young lady's identification was weak.
The attack took place late at night, in her apartment.
Lights were off.
So why was Timmons arrested in the first place? She recognized his voice.
He'd been in the bar where she worked as a hostess.
If our County D.
A.
At the time, may he rest in peace, had been a little bit more of a go-getter But doesn't matter now, Timmons has moved on.
Well, actually, Sheriff, we believe that Timmons was murdered because of the rape.
Dianne Cary's our suspect.
Timmons visited her in New York before he was shot.
Really? Well, he should've known better than to bother that girl.
But I guess it's true what they say.
They can't help but revisit the scene of the crime, huh? You said he should've known better.
Well, after the charges were dropped against Timmons, Dianne went around town saying she was going to get him.
It got so that I had to send a man over to have a talk to her.
Your little town has seen a lot of action.
Was Timmons a part of that drug problem? He was.
Matter of fact, the night of the rape, his alibi was another meth-head.
Excuse me.
Yeah? Mmm-hmm.
I got to take this.
All this stuff about revisiting the crime scene notwithstanding, it just doesn't add up.
Some rapists do get fixated on their victims.
Yeah, but three years and a four-hour bus ride after the fact? Maybe there was something else going on between them.
Well, we can always ask the friend that drove Dianne home the night she was raped.
I haven't talked to Dianne since she moved to New York.
She was a very angry person the last time I saw her.
Thank you.
So, the pastor says you help run the AA and Narc-Anon meetings down here.
That's right.
Timmons had old track marks on his arm, looked like he'd been off the needle awhile.
Did he ever come to your meetings? Yes.
Will had been sober almost seven months.
Did he ever talk about going to New York? You know, what's said in AA meetings isn't legally confidential, Miss Dickson.
I have to answer to a higher authority.
So do we.
You haven't met our lieutenant.
I can tell you we'd been discussing the eighth step, making amends.
He may have been seeking out someone he hurt.
To apologize? You sure you didn't call Dianne to warn her he was coming? You two used to be close.
Yes, but after what happened to her It was all she could talk about.
And when they dropped the charges against Will, it just got worse.
She kept saying she wanted to hit back.
Hit back at Timmons? Him, and if you didn't agree with everything she said Yeah, we know.
She nearly snapped my arm off.
That's those self-defense classes she took.
She was going every day.
And Robbie Linz showed her things.
Deputy Linz? What did he show her? Shooting, things like that.
Whatever happened to "turn the other cheek"? All right.
Bye.
Dianne Cary.
She made bail on your assault beef.
You know, this chili is great.
You expect me to ride in a car with you after having two bowls of that stuff? You really expect us to get out of Dargerville by 6:00? A man can hope.
Well, I hope we stick around for dinner.
I love small towns.
You know how many serial killers got their start in small towns? Deputy Linz.
How you doing? I'm Detective Lupo.
This is Detective Bernard.
Hey.
How you doing? Sorry to keep you guys waiting.
No problem.
Sheriff Burkhart radioed me.
He said you had some questions about Dianne Cary.
Sheriff said you're looking at Dianne for Timmons' murder.
I took her statement the night she was raped.
She was in a bad way.
But she had no doubt it was Timmons.
We heard that you helped her get back on her feet.
You taught her self-defense skills.
Target shooting.
She asked and I felt bad for her.
I never thought she'd actually use it.
Use it? What do you mean? You gave her a gun? Look, you got to understand No, no, no, no, no.
You felt bad for her.
We heard that.
What kind of gun was it? It was a.
38.
It was an old piece that had been in the department's gun locker forever.
I taught her how to use it in the woods behind my house.
There.
That tree.
I put the practice targets there.
She got so she could hit it from 20, 30 feet out.
Got a couple of entry holes.
The slug's still in that one.
Here, hold that.
Oh, looks good.
Ballistics should be able to match that.
Drop the shears.
This is harassment again.
I'm out on bail.
Yeah, but not for murder.
You're under arrest.
Let's do this easy, all right? Hey, hey! Stay there! Yeah, all right, yeah, I got it.
Get up.
Tell me, was shooting Timmons as easy as shooting that tree? Come on.
We're not without compassion for what Miss Cary's been through, or for the fact that the system let her down.
We're willing to take all of that into account.
Very nice preamble.
What's the offer? Fifteen-to-life.
A gift.
No.
I won't go to jail for something I didn't do.
Don't test us, Miss Cary.
I didn't kill that bastard.
You followed him back to his bus, you hunted him down I didn't do it.
I should've, but I didn't.
We matched the slugs in his body to the slugs you fired during target practice up in Dargerville.
What are you talking about? The bullets she fired into a tree with the gun Deputy Linz gave her.
He taught me how to shoot.
He never gave me a gun.
Tell me about the deputy's gun.
It's a.
38-caliber Smith & Wesson Model 10 with a 6-inch barrel.
I have her gun.
She gave it to me the day after Timmons was shot, after she read about it in the paper.
She knew she'd be suspected, and given the way her rape case was bungled, she was wary of turning over an unlicensed weapon to the police.
This is her gun, the only gun she's ever owned.
A Glock 26.
A 9mm Glock 26.
Ballistics says Timmons was not killed with Dianne's Glock.
But she says she turned that gun over to her lawyer because she was worried the police might use it to implicate her in the murder even though it was the wrong caliber.
Tells you what she thinks about law enforcement.
Or she didn't know what caliber was used to kill Timmons because she's not the killer.
Or this is just a distraction to keep us from looking for the.
38 that deputy gave her.
Says he gave her.
I want him brought down here and put in front of a grand jury.
Make sure you bring some persuasion.
I already told you all there is.
I showed her how to point and shoot, and I gave her the gun.
We need you to tell it to a grand jury.
Come on, we'll have you back the day after tomorrow.
I'll take you out for a steak.
Look, my shift starts in two hours, okay? My wife needs help with the kids.
Actually, Deputy, you don't have a choice in the matter.
We have a material witness warrant.
You're arresting me? Until you complete your testimony.
Well, I got to clear this with the Sheriff.
Well, you can call him from the road.
Whoa.
This isn't good.
Stay put.
Sheriff? Is there a problem? - Out of the car, Robbie.
- Whoa, whoa Sheriff, I'm Assistant District Attorney Rubirosa.
Stay there.
We have a material witness warrant for Deputy Linz.
You can't take him until you file that with the Otsego County Clerk.
Well, by law, we have 24 hours from the time Move her out of the way.
we take custody.
Whoa, whoa, whoa! You stop right there.
Hey! There's no need for that.
Deke, Bill.
Arrest this man.
What? Interfering with a police officer.
Just get in the car.
Next time, miss, show a little respect for our procedures.
Mike Cutter.
Find him.
As Assistant D.
A.
Of this county, I tend to put stock in what my law enforcement officers tell me, and what they're telling me is this Lupo threatened two deputies during the performance of their duties.
Those deputies were about to manhandle me.
Detective Lupo didn't threaten anybody.
You're a New York A.
D.
A.
You have no standing to represent this defendant.
Why am I even talking to you? Oh, I almost forgot.
I filed a motion to quash your witness warrant.
Finally.
You guys cut it kind of close.
Detective Bernard got us pulled over for speeding.
110 on the Thruway.
What's on the calendar? An arraignment that we can't participate in, and a motion.
What happened? The broom closet wasn't available? Everybody rise.
You can all sit down now.
Okay.
Well, Sara, what's on tap today? Case number 8-9, People v.
Lupo.
Interference with governmental administration.
Where's your lawyer, son? I can represent myself.
I'm a New York City Detective and I'm in law school, first-year law.
Okay, well, give me a plea, Counselor.
Not guilty, Your Honor.
Okay, well, seeing as how you're a first-year law student, I'm inclined to let you go on your own recognizance.
Judge.
Yeah? You've never released a non-resident of this county on his own recognizance.
If you do it for this defendant just because he's a detective, it may give rise to the appearance of bias.
All right, well, how much bail do you want, Silber? 20,000 should do it.
Judge, I don't I don't have that kind of money.
I hope you like baloney sandwiches, son.
Bail is 20,000.
Is that it, Sara? Mr.
Silber has a motion to squash a material witness warrant.
I put it on your desk.
New York Assistant D.
A.
Michael Cutter, Your Honor.
The witness has material evidence in a murder investigation.
But he was reluctant to appear before our grand jury, hence the warrant.
The warrant wasn't registered with the County Clerk before they served it.
I believe it's registered now.
Ah.
Oh, Sheriff, do you want to be heard on this? Seeing as though it's one of your deputies, I believe.
Yeah.
They want to take him to New York for three days.
I can't spare him, Judge, even for one.
We've got three deputies out sick, two ongoing drug investigations.
It would cause an undue burden on the community.
An undue burden.
Well, that seals it.
Motion to quash the warrant is granted.
Okay.
Anything else, Sara? All right, Court adjourned.
Hey.
I'm going to call the Lieutenant to post bond.
What's going on, Mr.
Silber? Why is your sheriff interfering with our murder investigation? What are you talking about? Arresting our cops, playing keep-away with our witnesses.
From where I sit, the Sheriff's just being diligent.
Really? For example? Well, take when Timmons was shot.
I was with the Sheriff when he got the news.
Right away he gave Timmons' address to a deputy and had him secure the premises, all for the benefit of your investigation.
Sheriff Burkhart knew Timmons' address off the top of his head? Dargerville's small, but not that small.
Get on your computer, see what you can find on Burkhart's court cases.
I'll see if the County Clerk will let me use his library.
Sheriff Burkhart's made quite a name for himself.
Busting meth labs, working with the State Police to intercept drug couriers along I-88.
He's become the state's poster boy for small-town proactive law enforcement.
And, no surprise, thanks to our governor, a lot of state drug interdiction money has been flowing into the Dargerville Sheriff's Office.
Hey.
I sprung our miscreant.
How are you feeling, Detective? I'm all right.
Hey, could I get a bowl of that turkey chili, please? Making book on the Sheriff? I hear he's been hell on the local dope slingers.
The last six years running, he has had the highest arrest-and-conviction rate in the state.
Well, this might have something to do with it.
Six years ago, Burkhart registered a confidential informant.
That same CI testified in about three-quarters of Burkhart's drug cases.
Six years ago was the last time Timmons was busted for dope.
He cruised right through the Sheriff's war on drugs.
Six years ago, Timmons was arrested by Burkhart with an ounce of meth.
He pled to a misdemeanor and got probation.
There's your confidential informant.
Will Timmons.
Burkhart flipped him.
And he's been protecting Timmons ever since.
It might explain the disappearing rape charge.
Connie, I want you and Detective Bernard to go back to the city.
Start writing subpoenas for all records pertaining to Burkhart's drug cases.
Wait, wait, I have to stay here? Seeing as you like this chili so much.
What's our plan? We track down Timmons' lawyer from six years ago.
They call them confidential informants precisely because they're confidential.
The informant's dead, and the attorney-client privilege doesn't survive the death of the client.
But I still have to work and breathe in Sheriff Burkhart's sphere of influence.
You know, it's a hell of a thing when the only person with balls in this town is the woman who was raped by your client.
Talking hypotheticals, this informant made a ton of cases for Burkhart.
In return, the informant was given a free pass to sell dope.
And rape the hostess at his local bar.
Well, if you got a guardian angel fouling the IDs and making rape kits disappear, anything's possible.
But lately this informant cleaned up his act, right? He started attending Narc-Anon? Right, he got all remorseful, wanted to put it all out there in the open.
I told Timmons that was not a good idea.
Whoa.
Listen to me, did I say Timmons? I meant the informant, this being a hypothetical scenario.
Good night.
If Burkhart knew Timmons was going to see Dianne Cary, he had to be worried Timmons would spill his guts about Burkhart burying the rape case.
Burkhart would be looking at prison time, not to mention it would taint every drug conviction that relied on Timmons' testimony.
Sounds like a solid motive for murder.
No wonder Burkhart doesn't want us near Linz.
He probably put him up to lying about giving Dianne Cary a.
38.
Let's take another run at Linz.
How'd you do in your legal research class? Access to Deputy Linz is guaranteed by County Law Section 17-B.
"In a proceeding in the nature of a writ of habeas corpus, "application may be made to any local magistrate.
" Change "guaranteed" to "predicated on.
" Otherwise, very good, Detective.
Okay, this is the best part.
"Application may be made ex parte.
" We don't have to notify the Sheriff.
We can talk to the Judge one-on-one.
Here.
I'll run it down to the front desk.
They have a printer.
And when we talk to the Judge tomorrow, why don't you make the application? Is that kosher? In Dargerville? And as Your Honor can see, the statute is worded in the affirmative.
"The district court shall grant access to the person sought.
" You saying that I have no choice, Counselor? Well, uh, of course, Your Honor can deny the writ, but then we would have to file a TRO with the appellate term.
You're in my light, son.
Sorry.
Judge, we wouldn't be here if Sheriff Burkhart opposed the application.
The Sheriff's okay with this? He didn't raise a single objection.
And if Your Honor would sign these release forms for county records.
Pro forma.
We need a court order to access Deputy Linz' files and related items.
It's just so we don't have to bother you again on your day off.
Thank you, Your Honor.
So now we go talk to Deputy Linz.
Nope.
Now we pull the duty records for the Sheriff's Department.
This better not take all day, 'cause I need to get the payroll out.
We'll do our best.
This has Burkhart going Code 7 at 9:00 a.
m.
He doesn't resurface again until 6:30 that night.
That's a long lunch break.
9:00 a.
m.
Is when the church bus left Dargerville for New York.
Burkhart could've followed the bus and then tailed Timmons to the flower shop.
Once he saw what a loose cannon Timmons was, he shot him.
There must be a way to track Burkhart's movements.
It would help to know what vehicle he was driving.
He wouldn't use his own car, or a patrol car.
Hold on.
Excuse me, hi.
Does the Sheriff's Department have any unmarked cars? They have two, an SUV and a sedan.
Okay, you have a mileage log for September 20th? Uh, the car was in the shop for repairs, and the SUV shows 463 miles driven.
New York and back.
Now we just need to prove it.
I didn't spend four years in intel for nothing.
Video grabs from New York Thruway toll cameras on September 20th.
Okay.
First up, Exit 24, approximately the time the church bus got on the Thruway to New York.
There's the bus, and now we're looking for Burkhart's car, a black Explorer.
I don't get it, the video's still running.
Look at the time stamp.
We just lost a minute.
Yeah.
All right.
Next toll's the Tappan Zee.
There's the bus going through, and Burkhart shouldn't be far behind.
Same thing.
Okay, last chance.
Yonkers.
Every time Burkhart's supposed to be on here, the video's been erased.
Could Burkhart have done it? No, these were erased at the source, the State Thruway Authority's computers.
Someone at the state level.
Somebody big just pulled up a chair and joined the game.
As a confidential informant, Timmons put over a hundred people in prison.
Every one of those convictions will be in jeopardy once it comes out Timmons was given a free pass to rape and deal drugs.
I don't think Burkhart cared about those convictions as much as he cared about going to jail.
The possibility of a hundred overturned convictions? Believe me, someone somewhere cares about that.
What are you doing about Dianne Cary? She's out on bail.
We thought to leave things status quo until we're sure we have Burkhart.
Get her some protection.
Better safe.
Hey.
The Thruway Authority narrowed down when the video files were erased.
They have a list of 11 people who had access to a terminal in that window of time.
FBI analyst, Homeland Security.
Yeah.
Scroll down to the three State Troopers on the list.
Trooper Thomas Volchek.
Four years ago he was posted to the Sidney barracks upstate.
He and Burkhart ran joint-force drug interdictions together.
So I was at the Thruway Authority.
So what? I'm there five or six times a month on official business.
Okay, so what was your official business two weeks ago when you accessed their terminals? I'll get back to you on that right after I check out my notes.
Well, you be sure to bring those notes when you testify in front of the grand jury.
A subpoena? And, Mr.
Volchek, if you're thinking of taking the Fifth, we'll nullify it with a grant of immunity.
Sorry.
Authorized personnel only.
Connie.
Executive Services Division.
The governor's personal security force within the State Police.
Aren't they just his chauffeurs and bodyguards? There have been rumors they perform other services.
Like shipping inconvenient prostitutes out of the country.
So the question is, was Volchek acting on his own when he helped Burkhart cover up his tracks, or was he acting on Governor Shalvoy's orders? Consorting with prostitutes is one thing, but I can't believe Shalvoy would protect a murderer.
A murderer who happens to be the Governor's favorite drug warrior.
Like you said, Jack, somebody somewhere cares if over a hundred drug convictions get overturned.
Shalvoy will look like an idiot for backing Burkhart.
Volchek didn't erase those videos on his own authority.
Sometimes loyal surrogates go off the reservation if they think they're acting in their boss's interest.
Well, I guess only Trooper Volchek can answer that question.
Well, we've got to get him to testify first.
Volchek's asserting an executive privilege.
And he wouldn't do that unless the Governor was backing it up.
There's only one conclusion to draw.
The Trooper erased the videos with your tacit approval, and now you're protecting him.
Is that your own conclusion? I don't think your recklessness extends beyond your personal life.
You're too smart a politician.
You would've cut Sheriff Burkhart loose, ordered a commission to investigate the use of confidential informants.
You got that exactly right.
Then lift the executive privilege, let Volchek testify.
We'll give him full immunity for his testimony against Burkhart.
Jack, I was born at night, but I wasn't born last night.
We know what this is about.
I'm not going to become some political football in your campaign for election.
The members of the Executive Services Division are at my side 24/7.
I'm not about to let any of them take the stand in this or in any other proceeding.
I'm prosecuting a murderer.
Campaigning is the last thing on my mind.
Really? Invoking the anti-terrorism statute? Taking tough stances? Quit playing Hamlet.
Declare yourself a candidate and get it over with.
By the way, do you know Joe Chapell in the Attorney General's Office? He investigated corruption in state hospital contracts.
The Children's Aid Society is honoring him next month.
You should come.
He's going after the pirates on Wall Street next.
He's a real reformer.
Meanwhile, here, it's politics as usual.
The Governor's worried once we have a member of his personal guard on the stand, we'll ask about prostitutes, dirty tricks and whatever else they've been handling on Shalvoy's behalf.
Then let's forget about Volchek.
What do you think about giving Deputy Linz full immunity for his testimony? Okay.
This time, make sure our cops bring plenty of backup.
Deputy Linz? Damn.
.
38 Smith & Wesson Model 10.
No! No! No! Ma'am! I just don't understand.
Did he get any calls this morning? Sheriff Burkhart came by.
Him and Robbie went out to the garage to talk.
Robbie looked upset after the Sheriff left.
He didn't say why.
He just told me not to worry.
And then he went into the woods.
Ballistics said the.
38 that Linz shot himself with was the same gun that was used to kill Timmons.
We're supposed to think he murdered Timmons.
Very neat and tidy.
That must be what Burkhart told him, that he'd have to take the fall for Timmons' murder, like a good soldier.
Burkhart's off the hook.
And we can't get him, not without the videos of him following the church bus.
Which Trooper Volchek could testify to erasing if the Governor wasn't hiding him behind executive privilege.
Round and round it goes.
The Deputy had the murder weapon and his suicide is tantamount to an admission of guilt.
Then that's the end of it.
And the erasures on the Thruway Authority video.
Glitches, right? I won't have this hanging over Trooper Volchek's head.
The subpoena will be withdrawn tomorrow.
I told you, Jack, there was no need to be concerned.
I wouldn't go that far.
Those glitches on the Thruway videos got me thinking, what if we'd been tracking a terrorist instead of a simple murderer? If those videos had gone blank while we were on the trail of a suicide bomber.
That'd be terrible, of course.
I knew you'd agree.
I'm empanelling a blue-ribbon grand jury to look into it.
We ought to know who's monitoring our roads and bridges, and how secure those systems really are.
I'll be calling Trooper Volchek as an expert.
Of course, executive privilege won't apply to testimony about technical matters.
But then, you wouldn't actually assert the privilege in matters of national security, would you? Who wants that kind of publicity? This was in my mailbox at home this morning.
You can withdraw the subpoena for Trooper Volchek.
That's you, entering the New York Thruway, September 20th at 10:17.
We also have you at the Tappan Zee Bridge toll and in Yonkers.
Nothing disappears forever in the digital world, Sheriff.
Nothing, that is, except your friends.
Yours are in short supply.
What are you offering? The opportunity to serve his 25 years in the safety of a segregated unit.
I was a good sheriff.
I put away a lot of bad people.
Well, I hope you think it was all worth it, Sheriff.
Sheriff Burkhart's methods are repugnant to this administration.
Justice by any means is no justice at all.
I am ordering a review of every drug conviction that Sheriff Burkhart was involved in.
And I'm ordering a special commission to investigate the use of confidential informants.
To head this commission I'm appointing Joseph Chapell of the Attorney General's Office.
Mr.
Chapell successfully led Politics as usual.
Here.
I'd like you to be the first to sign this.
Nominating petition for the office of New York County District Attorney.
I need 10,000 signatures.
I'm too old to play Hamlet.
These are their stories.
Watch your step getting off.
Have fun, stay safe.
For you shop-till-you-drop types, I suggest Ming's General Store, right here.
Best prices in Chinatown and a complimentary Big Apple snow globe with every purchase.
What time do we need to be back? You've got about three hours.
If we're going to beat the traffic out of the city, we got to be on the road by 4:00.
Yeah, I get it, but 5% is not what we agreed to.
Your overhead? Give me a break.
Have you seen what diesel's going for? Aw, jeez.
Hold on a minute.
I think one of my passengers did his shopping in a bar.
Hey, buddy! You okay there? Jesus! The bus driver said his name was Timmons.
They're a church group from upstate.
Dargerville.
That's way upstate.
William Timmons, 36, full deck of credit cards, plenty of cash.
Those church folks were set on this being a mugging.
They'll be disappointed.
Haven't they heard? Nobody gets mugged in New York anymore.
Looks like two shots from up close.
Nobody said they heard anything.
There's a blood trail into the alley.
What have you fellows got for us? We got spatter on the wall there and a bloody palm print here, probably from the victim.
No shell casings.
Shooter either picked them up or used a revolver.
You got to wonder what Mr.
Timmons was doing back here.
I mean, he didn't come all the way from Dargerville to visit a New York City alley.
Maybe he thought the dumpster-diving's better here.
He sat up front, took both seats for himself.
Usually the ones that sit up front like to chat, but not this one.
Timmons, right, that was his name? Yeah.
Did he say why he was coming into the city? No.
He asked how long he had to walk around.
Sounds like this was his first time on your bus.
I'm pretty sure it was.
St.
Giles' up in Dargerville hires me every couple of months to take a group down here.
He wasn't a regular parishioner, I can tell you that.
I take the collection every Sunday and I've never seen him.
Did you see Mr.
Timmons when you were out shopping? We didn't do much shopping.
Those are just some souvenirs.
Really? Mind if I take a look? Check this out.
This looks like real Italian leather to me.
This must've set you back a bunch.
They were cheap.
Because they're fakes? Bob, our driver, says we aren't really breaking the law.
Oh, so this was Bob's idea? He knows the shops with the best deals.
Lately, it's been Ming's.
And before there, it was someplace else? A place called Y.
K.
's.
But the last time we were there, he got into some kind of argument with the proprietor.
Some kind of argument? They gave him a black eye.
So the stores give me a little taste.
I steer a lot of business to them.
So, you don't have a problem promoting the sale of counterfeit goods? Have you ever seen the factories where they make these knockoffs? Little kids running big machines.
Fifteen-hour days, no breaks.
A piece of rat meat for lunch.
You're making this up.
Sure, just like we made up the shiner you got the last time you were in town.
That? I ran into a lamp post.
You don't get it, do you, Bob? When you switched from Y.
K.
's to Ming's, you put yourself in the middle of a turf war.
Killing Timmons.
That was a warning to you.
To me? Yeah.
You don't steer your passengers back to Y.
K.
's, the next time they're going to come after you.
Well, um, what do you want me to do? Police.
Everybody! Up against this wall, right now.
We're looking for Mr.
Y.
K.
Anybody seen him? Nobody? I'm Y.
K.
Mr.
Y.
K.
, you're under arrest for assault.
Yeah, who say that? The bus driver you punched.
I no punch no bus driver.
This guy, he was in your store? No, we no see him.
Hey, you speak Chinese? You keep lying to me, and my Chinese will be the least of your worries.
Okay.
He ask me how to get to subway.
I tell him, you buy map.
He very cheap.
You know why? Because he buy paper map, he not even buy laminated.
The M.
E.
Pulled two slugs out of Timmons, both.
38s.
So what do you make of the puncture marks on his forearm? Track marks.
The way they're scarred over, I'd say he's been off the needle for a good year.
No, not those, these here.
They look like pin pricks.
Maybe he got acupuncture.
The Transit Authority found Timmons on their cameras.
They sent me over the link.
Here he is at the Canal Street station.
He's taking the uptown R.
They got him coming out of the station at 28th and Broadway.
Look, look.
He's heading north on Broadway.
What's north on Broadway? Macy's, the Garden The flower district.
The pin pricks on his arm could be from thorns.
Yep, that's the guy.
The manager, Dianne, she got into a fight with him.
What about? I don't know.
He came in and asked for her.
I went into the back to get her.
I come back a couple of minutes later and she's screaming at him and hitting him.
She knocked him into that.
And this guy was just taking it? Not like he had a choice.
Dianne, she's got some moves on her.
So then, he's on the ground and Dianne says to me, "Don't let him go, I'll be right back.
" And then she split.
What do you think she had in mind? I don't know.
She lives right around the corner.
So then, you handled Timmons? Sure, I put him in a headlock and I made him my bitch.
What do you think? He split, too.
What about Dianne, when she came back? She never came back at all.
And she called in sick today.
That's not him.
Cesar gets people mixed up all the time.
All right, then who's the guy you tossed into the flower cart? Some creep who thought he knew me.
And that gets him a beatdown? He tried to touch me.
Then you ran outside and told Cesar to keep him there until you came back.
I needed to get away.
I was upset.
Are you still upset now? Is that why you called in sick? I don't think I like the tone of your question.
You do martial arts? Cesar said you had some moves.
I train in DZR jujitsu.
These your certificates? It's impressive.
Intimidating, that's the idea, right? In case one of your guests gets an idea in his head.
I want you to leave now.
Like this one here.
From the NRA, for marksmanship.
That would make a guy think twice.
I want you to go.
Yes, ma'am.
Lupo.
Sure.
Excuse me.
Hey! Hey! Hey! Hey! Hey! Hey! You really don't like people touching you.
You did that on purpose.
Shame on me.
And now you're under arrest.
The employee's positive it was Timmons in the flower shop.
And it turns out that Dianne Cary's prior address was in Dargerville, the same as Timmons.
They were hometown neighbors up until a couple years ago.
Or maybe hometown sweethearts.
Well, if so, I can see why she ditched him.
Timmons had a dozen dope beefs, the last one six years ago.
Then there was an arrest three years ago, but no charges were filed.
So he drops in on Miss Cary to, what, rekindle the old flame? Instead stirs up some bad feelings.
She decks him And runs home to get the gun, except you didn't find it.
She didn't win an NRA certificate with a Super Soaker.
The.
38 that killed Timmons is probably in a sewer between Chinatown and her place.
Her sheet's clean.
Only thing is a lien against her three years ago from a hospital in Dargerville.
Three years ago.
Mmm-hmm.
When exactly? June 8th.
Wasn't Timmons arrested June 9th? Mmm-hmm.
What was Miss Cary in the hospital for? Doesn't say.
The medical info is redacted for privacy.
The only thing is an itemized invoice attached to the lien.
Miss Cary, I'm Lieutenant Van Buren.
I want to file a complaint.
That officer touched me inappropriately.
Yes.
Yes.
We'll get to that, but first I need some information from you.
Did you know William Timmons when you lived up in Dargerville? Thousands of people live in and around Dargerville.
No doubt.
What happened to you two up there? Nothing happened.
I don't think you have the right to ask me Miss Cary The code on this itemized bill is from your hospital visit three years ago.
This code is for a rape kit.
The doctor took evidence in a rape investigation, and William Timmons was arrested the next day.
Now, he was arrested but no charges were ever filed and he was released.
Did he rape you and get away with it? Is that what this is about? I No.
I won't talk to you.
I want my lawyer.
I don't want to talk to the police at all.
Just get the hell away from me.
All right.
The D.
A.
Of Otsego County couldn't find any record of a rape case involving Timmons or Dianne Cary.
Then again, he said he'd only been in office a few months and his files were a mess.
Or maybe the rape didn't happen.
Everything about her tells me as far as she's concerned, she was raped.
Well, we're not going to find out one way or the other 200 miles away.
Let's hit the road.
And away we go.
You check with Admitting? Yeah, they couldn't find it on their computer.
That figures.
When they upgraded two years ago, half the files didn't show up for work.
June 8th, you say? Yeah.
The patient's name was Dianne Cary.
Oh, here it is.
Dianne Cary, female, 29 years old.
What do you need to know? Her hospital bill indicated that she had a rape kit done.
We need the results.
Well, that won't be in here.
But let's see what the duty nurse wrote.
Oh, multiple contusions to the face, vaginal tearing Sounds like forcible intercourse to me.
Anybody call a cop? She was released to a friend by the name of Leila.
Oh, here.
A deputy sheriff responded to the hospital and took a statement from Miss Cary.
That would've been Deputy Linz.
He'll be in later today.
I remember that case well.
That poor girl was hurt pretty bad.
You made an arrest the next day.
Right, William Timmons.
I understand he was shot a couple days ago in your neck of the woods.
That's right.
Well A bullet never found a more deserving home.
When we learned of his passing, we had his place in town secured, in case you want to take a look at it.
We might.
Timmons was never prosecuted for the rape.
No, he had a kind of an alibi.
And the young lady's identification was weak.
The attack took place late at night, in her apartment.
Lights were off.
So why was Timmons arrested in the first place? She recognized his voice.
He'd been in the bar where she worked as a hostess.
If our County D.
A.
At the time, may he rest in peace, had been a little bit more of a go-getter But doesn't matter now, Timmons has moved on.
Well, actually, Sheriff, we believe that Timmons was murdered because of the rape.
Dianne Cary's our suspect.
Timmons visited her in New York before he was shot.
Really? Well, he should've known better than to bother that girl.
But I guess it's true what they say.
They can't help but revisit the scene of the crime, huh? You said he should've known better.
Well, after the charges were dropped against Timmons, Dianne went around town saying she was going to get him.
It got so that I had to send a man over to have a talk to her.
Your little town has seen a lot of action.
Was Timmons a part of that drug problem? He was.
Matter of fact, the night of the rape, his alibi was another meth-head.
Excuse me.
Yeah? Mmm-hmm.
I got to take this.
All this stuff about revisiting the crime scene notwithstanding, it just doesn't add up.
Some rapists do get fixated on their victims.
Yeah, but three years and a four-hour bus ride after the fact? Maybe there was something else going on between them.
Well, we can always ask the friend that drove Dianne home the night she was raped.
I haven't talked to Dianne since she moved to New York.
She was a very angry person the last time I saw her.
Thank you.
So, the pastor says you help run the AA and Narc-Anon meetings down here.
That's right.
Timmons had old track marks on his arm, looked like he'd been off the needle awhile.
Did he ever come to your meetings? Yes.
Will had been sober almost seven months.
Did he ever talk about going to New York? You know, what's said in AA meetings isn't legally confidential, Miss Dickson.
I have to answer to a higher authority.
So do we.
You haven't met our lieutenant.
I can tell you we'd been discussing the eighth step, making amends.
He may have been seeking out someone he hurt.
To apologize? You sure you didn't call Dianne to warn her he was coming? You two used to be close.
Yes, but after what happened to her It was all she could talk about.
And when they dropped the charges against Will, it just got worse.
She kept saying she wanted to hit back.
Hit back at Timmons? Him, and if you didn't agree with everything she said Yeah, we know.
She nearly snapped my arm off.
That's those self-defense classes she took.
She was going every day.
And Robbie Linz showed her things.
Deputy Linz? What did he show her? Shooting, things like that.
Whatever happened to "turn the other cheek"? All right.
Bye.
Dianne Cary.
She made bail on your assault beef.
You know, this chili is great.
You expect me to ride in a car with you after having two bowls of that stuff? You really expect us to get out of Dargerville by 6:00? A man can hope.
Well, I hope we stick around for dinner.
I love small towns.
You know how many serial killers got their start in small towns? Deputy Linz.
How you doing? I'm Detective Lupo.
This is Detective Bernard.
Hey.
How you doing? Sorry to keep you guys waiting.
No problem.
Sheriff Burkhart radioed me.
He said you had some questions about Dianne Cary.
Sheriff said you're looking at Dianne for Timmons' murder.
I took her statement the night she was raped.
She was in a bad way.
But she had no doubt it was Timmons.
We heard that you helped her get back on her feet.
You taught her self-defense skills.
Target shooting.
She asked and I felt bad for her.
I never thought she'd actually use it.
Use it? What do you mean? You gave her a gun? Look, you got to understand No, no, no, no, no.
You felt bad for her.
We heard that.
What kind of gun was it? It was a.
38.
It was an old piece that had been in the department's gun locker forever.
I taught her how to use it in the woods behind my house.
There.
That tree.
I put the practice targets there.
She got so she could hit it from 20, 30 feet out.
Got a couple of entry holes.
The slug's still in that one.
Here, hold that.
Oh, looks good.
Ballistics should be able to match that.
Drop the shears.
This is harassment again.
I'm out on bail.
Yeah, but not for murder.
You're under arrest.
Let's do this easy, all right? Hey, hey! Stay there! Yeah, all right, yeah, I got it.
Get up.
Tell me, was shooting Timmons as easy as shooting that tree? Come on.
We're not without compassion for what Miss Cary's been through, or for the fact that the system let her down.
We're willing to take all of that into account.
Very nice preamble.
What's the offer? Fifteen-to-life.
A gift.
No.
I won't go to jail for something I didn't do.
Don't test us, Miss Cary.
I didn't kill that bastard.
You followed him back to his bus, you hunted him down I didn't do it.
I should've, but I didn't.
We matched the slugs in his body to the slugs you fired during target practice up in Dargerville.
What are you talking about? The bullets she fired into a tree with the gun Deputy Linz gave her.
He taught me how to shoot.
He never gave me a gun.
Tell me about the deputy's gun.
It's a.
38-caliber Smith & Wesson Model 10 with a 6-inch barrel.
I have her gun.
She gave it to me the day after Timmons was shot, after she read about it in the paper.
She knew she'd be suspected, and given the way her rape case was bungled, she was wary of turning over an unlicensed weapon to the police.
This is her gun, the only gun she's ever owned.
A Glock 26.
A 9mm Glock 26.
Ballistics says Timmons was not killed with Dianne's Glock.
But she says she turned that gun over to her lawyer because she was worried the police might use it to implicate her in the murder even though it was the wrong caliber.
Tells you what she thinks about law enforcement.
Or she didn't know what caliber was used to kill Timmons because she's not the killer.
Or this is just a distraction to keep us from looking for the.
38 that deputy gave her.
Says he gave her.
I want him brought down here and put in front of a grand jury.
Make sure you bring some persuasion.
I already told you all there is.
I showed her how to point and shoot, and I gave her the gun.
We need you to tell it to a grand jury.
Come on, we'll have you back the day after tomorrow.
I'll take you out for a steak.
Look, my shift starts in two hours, okay? My wife needs help with the kids.
Actually, Deputy, you don't have a choice in the matter.
We have a material witness warrant.
You're arresting me? Until you complete your testimony.
Well, I got to clear this with the Sheriff.
Well, you can call him from the road.
Whoa.
This isn't good.
Stay put.
Sheriff? Is there a problem? - Out of the car, Robbie.
- Whoa, whoa Sheriff, I'm Assistant District Attorney Rubirosa.
Stay there.
We have a material witness warrant for Deputy Linz.
You can't take him until you file that with the Otsego County Clerk.
Well, by law, we have 24 hours from the time Move her out of the way.
we take custody.
Whoa, whoa, whoa! You stop right there.
Hey! There's no need for that.
Deke, Bill.
Arrest this man.
What? Interfering with a police officer.
Just get in the car.
Next time, miss, show a little respect for our procedures.
Mike Cutter.
Find him.
As Assistant D.
A.
Of this county, I tend to put stock in what my law enforcement officers tell me, and what they're telling me is this Lupo threatened two deputies during the performance of their duties.
Those deputies were about to manhandle me.
Detective Lupo didn't threaten anybody.
You're a New York A.
D.
A.
You have no standing to represent this defendant.
Why am I even talking to you? Oh, I almost forgot.
I filed a motion to quash your witness warrant.
Finally.
You guys cut it kind of close.
Detective Bernard got us pulled over for speeding.
110 on the Thruway.
What's on the calendar? An arraignment that we can't participate in, and a motion.
What happened? The broom closet wasn't available? Everybody rise.
You can all sit down now.
Okay.
Well, Sara, what's on tap today? Case number 8-9, People v.
Lupo.
Interference with governmental administration.
Where's your lawyer, son? I can represent myself.
I'm a New York City Detective and I'm in law school, first-year law.
Okay, well, give me a plea, Counselor.
Not guilty, Your Honor.
Okay, well, seeing as how you're a first-year law student, I'm inclined to let you go on your own recognizance.
Judge.
Yeah? You've never released a non-resident of this county on his own recognizance.
If you do it for this defendant just because he's a detective, it may give rise to the appearance of bias.
All right, well, how much bail do you want, Silber? 20,000 should do it.
Judge, I don't I don't have that kind of money.
I hope you like baloney sandwiches, son.
Bail is 20,000.
Is that it, Sara? Mr.
Silber has a motion to squash a material witness warrant.
I put it on your desk.
New York Assistant D.
A.
Michael Cutter, Your Honor.
The witness has material evidence in a murder investigation.
But he was reluctant to appear before our grand jury, hence the warrant.
The warrant wasn't registered with the County Clerk before they served it.
I believe it's registered now.
Ah.
Oh, Sheriff, do you want to be heard on this? Seeing as though it's one of your deputies, I believe.
Yeah.
They want to take him to New York for three days.
I can't spare him, Judge, even for one.
We've got three deputies out sick, two ongoing drug investigations.
It would cause an undue burden on the community.
An undue burden.
Well, that seals it.
Motion to quash the warrant is granted.
Okay.
Anything else, Sara? All right, Court adjourned.
Hey.
I'm going to call the Lieutenant to post bond.
What's going on, Mr.
Silber? Why is your sheriff interfering with our murder investigation? What are you talking about? Arresting our cops, playing keep-away with our witnesses.
From where I sit, the Sheriff's just being diligent.
Really? For example? Well, take when Timmons was shot.
I was with the Sheriff when he got the news.
Right away he gave Timmons' address to a deputy and had him secure the premises, all for the benefit of your investigation.
Sheriff Burkhart knew Timmons' address off the top of his head? Dargerville's small, but not that small.
Get on your computer, see what you can find on Burkhart's court cases.
I'll see if the County Clerk will let me use his library.
Sheriff Burkhart's made quite a name for himself.
Busting meth labs, working with the State Police to intercept drug couriers along I-88.
He's become the state's poster boy for small-town proactive law enforcement.
And, no surprise, thanks to our governor, a lot of state drug interdiction money has been flowing into the Dargerville Sheriff's Office.
Hey.
I sprung our miscreant.
How are you feeling, Detective? I'm all right.
Hey, could I get a bowl of that turkey chili, please? Making book on the Sheriff? I hear he's been hell on the local dope slingers.
The last six years running, he has had the highest arrest-and-conviction rate in the state.
Well, this might have something to do with it.
Six years ago, Burkhart registered a confidential informant.
That same CI testified in about three-quarters of Burkhart's drug cases.
Six years ago was the last time Timmons was busted for dope.
He cruised right through the Sheriff's war on drugs.
Six years ago, Timmons was arrested by Burkhart with an ounce of meth.
He pled to a misdemeanor and got probation.
There's your confidential informant.
Will Timmons.
Burkhart flipped him.
And he's been protecting Timmons ever since.
It might explain the disappearing rape charge.
Connie, I want you and Detective Bernard to go back to the city.
Start writing subpoenas for all records pertaining to Burkhart's drug cases.
Wait, wait, I have to stay here? Seeing as you like this chili so much.
What's our plan? We track down Timmons' lawyer from six years ago.
They call them confidential informants precisely because they're confidential.
The informant's dead, and the attorney-client privilege doesn't survive the death of the client.
But I still have to work and breathe in Sheriff Burkhart's sphere of influence.
You know, it's a hell of a thing when the only person with balls in this town is the woman who was raped by your client.
Talking hypotheticals, this informant made a ton of cases for Burkhart.
In return, the informant was given a free pass to sell dope.
And rape the hostess at his local bar.
Well, if you got a guardian angel fouling the IDs and making rape kits disappear, anything's possible.
But lately this informant cleaned up his act, right? He started attending Narc-Anon? Right, he got all remorseful, wanted to put it all out there in the open.
I told Timmons that was not a good idea.
Whoa.
Listen to me, did I say Timmons? I meant the informant, this being a hypothetical scenario.
Good night.
If Burkhart knew Timmons was going to see Dianne Cary, he had to be worried Timmons would spill his guts about Burkhart burying the rape case.
Burkhart would be looking at prison time, not to mention it would taint every drug conviction that relied on Timmons' testimony.
Sounds like a solid motive for murder.
No wonder Burkhart doesn't want us near Linz.
He probably put him up to lying about giving Dianne Cary a.
38.
Let's take another run at Linz.
How'd you do in your legal research class? Access to Deputy Linz is guaranteed by County Law Section 17-B.
"In a proceeding in the nature of a writ of habeas corpus, "application may be made to any local magistrate.
" Change "guaranteed" to "predicated on.
" Otherwise, very good, Detective.
Okay, this is the best part.
"Application may be made ex parte.
" We don't have to notify the Sheriff.
We can talk to the Judge one-on-one.
Here.
I'll run it down to the front desk.
They have a printer.
And when we talk to the Judge tomorrow, why don't you make the application? Is that kosher? In Dargerville? And as Your Honor can see, the statute is worded in the affirmative.
"The district court shall grant access to the person sought.
" You saying that I have no choice, Counselor? Well, uh, of course, Your Honor can deny the writ, but then we would have to file a TRO with the appellate term.
You're in my light, son.
Sorry.
Judge, we wouldn't be here if Sheriff Burkhart opposed the application.
The Sheriff's okay with this? He didn't raise a single objection.
And if Your Honor would sign these release forms for county records.
Pro forma.
We need a court order to access Deputy Linz' files and related items.
It's just so we don't have to bother you again on your day off.
Thank you, Your Honor.
So now we go talk to Deputy Linz.
Nope.
Now we pull the duty records for the Sheriff's Department.
This better not take all day, 'cause I need to get the payroll out.
We'll do our best.
This has Burkhart going Code 7 at 9:00 a.
m.
He doesn't resurface again until 6:30 that night.
That's a long lunch break.
9:00 a.
m.
Is when the church bus left Dargerville for New York.
Burkhart could've followed the bus and then tailed Timmons to the flower shop.
Once he saw what a loose cannon Timmons was, he shot him.
There must be a way to track Burkhart's movements.
It would help to know what vehicle he was driving.
He wouldn't use his own car, or a patrol car.
Hold on.
Excuse me, hi.
Does the Sheriff's Department have any unmarked cars? They have two, an SUV and a sedan.
Okay, you have a mileage log for September 20th? Uh, the car was in the shop for repairs, and the SUV shows 463 miles driven.
New York and back.
Now we just need to prove it.
I didn't spend four years in intel for nothing.
Video grabs from New York Thruway toll cameras on September 20th.
Okay.
First up, Exit 24, approximately the time the church bus got on the Thruway to New York.
There's the bus, and now we're looking for Burkhart's car, a black Explorer.
I don't get it, the video's still running.
Look at the time stamp.
We just lost a minute.
Yeah.
All right.
Next toll's the Tappan Zee.
There's the bus going through, and Burkhart shouldn't be far behind.
Same thing.
Okay, last chance.
Yonkers.
Every time Burkhart's supposed to be on here, the video's been erased.
Could Burkhart have done it? No, these were erased at the source, the State Thruway Authority's computers.
Someone at the state level.
Somebody big just pulled up a chair and joined the game.
As a confidential informant, Timmons put over a hundred people in prison.
Every one of those convictions will be in jeopardy once it comes out Timmons was given a free pass to rape and deal drugs.
I don't think Burkhart cared about those convictions as much as he cared about going to jail.
The possibility of a hundred overturned convictions? Believe me, someone somewhere cares about that.
What are you doing about Dianne Cary? She's out on bail.
We thought to leave things status quo until we're sure we have Burkhart.
Get her some protection.
Better safe.
Hey.
The Thruway Authority narrowed down when the video files were erased.
They have a list of 11 people who had access to a terminal in that window of time.
FBI analyst, Homeland Security.
Yeah.
Scroll down to the three State Troopers on the list.
Trooper Thomas Volchek.
Four years ago he was posted to the Sidney barracks upstate.
He and Burkhart ran joint-force drug interdictions together.
So I was at the Thruway Authority.
So what? I'm there five or six times a month on official business.
Okay, so what was your official business two weeks ago when you accessed their terminals? I'll get back to you on that right after I check out my notes.
Well, you be sure to bring those notes when you testify in front of the grand jury.
A subpoena? And, Mr.
Volchek, if you're thinking of taking the Fifth, we'll nullify it with a grant of immunity.
Sorry.
Authorized personnel only.
Connie.
Executive Services Division.
The governor's personal security force within the State Police.
Aren't they just his chauffeurs and bodyguards? There have been rumors they perform other services.
Like shipping inconvenient prostitutes out of the country.
So the question is, was Volchek acting on his own when he helped Burkhart cover up his tracks, or was he acting on Governor Shalvoy's orders? Consorting with prostitutes is one thing, but I can't believe Shalvoy would protect a murderer.
A murderer who happens to be the Governor's favorite drug warrior.
Like you said, Jack, somebody somewhere cares if over a hundred drug convictions get overturned.
Shalvoy will look like an idiot for backing Burkhart.
Volchek didn't erase those videos on his own authority.
Sometimes loyal surrogates go off the reservation if they think they're acting in their boss's interest.
Well, I guess only Trooper Volchek can answer that question.
Well, we've got to get him to testify first.
Volchek's asserting an executive privilege.
And he wouldn't do that unless the Governor was backing it up.
There's only one conclusion to draw.
The Trooper erased the videos with your tacit approval, and now you're protecting him.
Is that your own conclusion? I don't think your recklessness extends beyond your personal life.
You're too smart a politician.
You would've cut Sheriff Burkhart loose, ordered a commission to investigate the use of confidential informants.
You got that exactly right.
Then lift the executive privilege, let Volchek testify.
We'll give him full immunity for his testimony against Burkhart.
Jack, I was born at night, but I wasn't born last night.
We know what this is about.
I'm not going to become some political football in your campaign for election.
The members of the Executive Services Division are at my side 24/7.
I'm not about to let any of them take the stand in this or in any other proceeding.
I'm prosecuting a murderer.
Campaigning is the last thing on my mind.
Really? Invoking the anti-terrorism statute? Taking tough stances? Quit playing Hamlet.
Declare yourself a candidate and get it over with.
By the way, do you know Joe Chapell in the Attorney General's Office? He investigated corruption in state hospital contracts.
The Children's Aid Society is honoring him next month.
You should come.
He's going after the pirates on Wall Street next.
He's a real reformer.
Meanwhile, here, it's politics as usual.
The Governor's worried once we have a member of his personal guard on the stand, we'll ask about prostitutes, dirty tricks and whatever else they've been handling on Shalvoy's behalf.
Then let's forget about Volchek.
What do you think about giving Deputy Linz full immunity for his testimony? Okay.
This time, make sure our cops bring plenty of backup.
Deputy Linz? Damn.
.
38 Smith & Wesson Model 10.
No! No! No! Ma'am! I just don't understand.
Did he get any calls this morning? Sheriff Burkhart came by.
Him and Robbie went out to the garage to talk.
Robbie looked upset after the Sheriff left.
He didn't say why.
He just told me not to worry.
And then he went into the woods.
Ballistics said the.
38 that Linz shot himself with was the same gun that was used to kill Timmons.
We're supposed to think he murdered Timmons.
Very neat and tidy.
That must be what Burkhart told him, that he'd have to take the fall for Timmons' murder, like a good soldier.
Burkhart's off the hook.
And we can't get him, not without the videos of him following the church bus.
Which Trooper Volchek could testify to erasing if the Governor wasn't hiding him behind executive privilege.
Round and round it goes.
The Deputy had the murder weapon and his suicide is tantamount to an admission of guilt.
Then that's the end of it.
And the erasures on the Thruway Authority video.
Glitches, right? I won't have this hanging over Trooper Volchek's head.
The subpoena will be withdrawn tomorrow.
I told you, Jack, there was no need to be concerned.
I wouldn't go that far.
Those glitches on the Thruway videos got me thinking, what if we'd been tracking a terrorist instead of a simple murderer? If those videos had gone blank while we were on the trail of a suicide bomber.
That'd be terrible, of course.
I knew you'd agree.
I'm empanelling a blue-ribbon grand jury to look into it.
We ought to know who's monitoring our roads and bridges, and how secure those systems really are.
I'll be calling Trooper Volchek as an expert.
Of course, executive privilege won't apply to testimony about technical matters.
But then, you wouldn't actually assert the privilege in matters of national security, would you? Who wants that kind of publicity? This was in my mailbox at home this morning.
You can withdraw the subpoena for Trooper Volchek.
That's you, entering the New York Thruway, September 20th at 10:17.
We also have you at the Tappan Zee Bridge toll and in Yonkers.
Nothing disappears forever in the digital world, Sheriff.
Nothing, that is, except your friends.
Yours are in short supply.
What are you offering? The opportunity to serve his 25 years in the safety of a segregated unit.
I was a good sheriff.
I put away a lot of bad people.
Well, I hope you think it was all worth it, Sheriff.
Sheriff Burkhart's methods are repugnant to this administration.
Justice by any means is no justice at all.
I am ordering a review of every drug conviction that Sheriff Burkhart was involved in.
And I'm ordering a special commission to investigate the use of confidential informants.
To head this commission I'm appointing Joseph Chapell of the Attorney General's Office.
Mr.
Chapell successfully led Politics as usual.
Here.
I'd like you to be the first to sign this.
Nominating petition for the office of New York County District Attorney.
I need 10,000 signatures.
I'm too old to play Hamlet.