Law & Order - Oxymoron   View more episodes

Aired at 08:00 AM on Saturday, Jul 04, 2015 (7/4/2015)      View all transcripts from this day


00:00:01These are their stories.
00:00:03WOMAN: Tracy's been doing really well since John left.
00:00:06I would've gone to pieces.
00:00:09Ten years, two kids he leaves her for a private trainer?
00:00:11That's what I'm saying.
00:00:13She hasn't gone to pieces.
00:00:14She's a rock.
00:00:15Maybe they just weren't meant to be together.
00:00:17I read that when you meet someone you make a subconscious contract.
00:00:19When the terms of the contract are met the relationship automatically dissolves.
00:00:23Sounds like a business deal to me.
00:00:27(gasping) All dressed up and nowhere to go.
00:00:34Hey, did anybody call SVU?
00:00:35MAN: There's no evidence of a sex crime I can see.
00:00:38BRISCOE: So what happened?
00:00:40Mucus in the nostrils.
00:00:41Petechial hemorrhages.
00:00:42So she was strangled?
00:00:43Sometime last night.
00:00:44Pretty risky to do out here in the open.
00:00:46Yeah, I'm thinking she was killed somewhere else, dumped here.
00:00:49This angle of her body abrasions on her left thigh and shoulder...
00:00:52she was probably tossed from a car.
00:00:53Expensive jewelry, nice coat, makeup.
00:00:57Hey, any ID?
00:00:58Uh, nothing but a house key and a couple bucks in her coat pocket.
00:01:03And this.
00:01:04Well, the handwriting's a little shaky.
00:01:06Looks like a 6 or a zero... "5-6-4-7-8-3." We were thinking it's some kind of combination.
00:01:13Or it could be a lotto number.
00:01:14A dollar and a dream.
00:01:15The dream's over.
00:01:43used car, I want to be comfortable. I don't want an aggressive salesperson breathing down my neck, pressuring me into a decision.
00:01:50When I go to the supermarket there's no one pushing me to buy the more expensive cereal.
00:01:55I just want to shop like I do everywhere else.
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00:02:43been that, share the road, share your feelings.
00:02:47When does the sharing stop?!
00:02:48How about with the Grilled Stuft Nacho from Taco Bell?
00:02:49The first nachos designed not to be shared, wrapped up and ready to go for $1.49.
00:02:55[bong!] she wasn't attacked sexually.
00:05:11So we're looking at a straight-up necktie party.
00:05:13Yeah. Perp probably used a wireor cord of some type.
00:05:17What abouther tox screen?
00:05:19Alcohol and GHB.
00:05:20Somebody slipped hera roofie?
00:05:22Or she took it herself.
00:05:23Small dose like she had some people sayit's an aphrodisiac.
00:05:26Yeah, either puts you in the mood or puts you in a coma.
00:05:31We ran her prints.
00:05:32She was never in the system.
00:05:33VAN BUREN:You canvass the neighborhood?
00:05:35Nobody recognized her.
00:05:36Well, it's a hard womanto miss.
00:05:37M.E. says the timeof death was about 2:00 a.m.
00:05:40give or take an hour.
00:05:40So she was on her way homeor to another party.
00:05:43Got into the wrong guy's car.
00:05:45Well, what about this piece of paper in her pocket?
00:05:47Well, it's seven digits.
00:05:48It could bea phone number.
00:05:49You know, if this first digitis a zero it could be a hack license.
00:06:00Yeah. I remember her.
00:06:01She ran out of a deli and caught me coming aroundthe corner.
00:06:05A real bitch.
00:06:06Is that why we found your hack license numberin her coat?
00:06:09She was drunkand we got into a thing.
00:06:12What kind of thing?
00:06:13She crawls in the caband says "16th Street" then she passes out.
00:06:17So I drive her down there,then she goes nuts.
00:06:21Turns out she meant 60th.
00:06:23Oh, thatpiss you off?
00:06:24She said she was going to callthe Commission on me.
00:06:28So, what did you do?
00:06:29ok herback up to 60th.
00:06:31Off the meter.
00:06:34Where on 60th?
00:06:34The middle of the block,between West End and Amsterdam.
00:06:39When was this?
00:06:40A little past 1:00.
00:06:41Wh-What is this about?
00:06:42They found her bodyon 93rd Street.
00:06:47BRISCOE:Her friend?
00:06:48When I dropped her off there was a black Infinitidouble-parked.
00:06:51Guy called out the window,she went over and got in.
00:06:55What did thisguy look like?
00:06:56A white guy.
00:06:58Dark hair...
00:06:59Look, I didn't stick around.
00:07:00Does your trip sheet show where the deli waswhere you picked her up?
00:07:0682nd and Broadway.
00:07:09MAN:Yeah, she was here.
00:07:11Bought a pack of smokes.
00:07:12Anybody with her?
00:07:13No, she was alone.
00:07:16Hey, did you notice anything unusual about her?
00:07:18Eh, her eyes werekind of glassy.
00:07:19I think she was highon something.
00:07:20Weekends I get more than acouple of these people in here.
00:07:23Wait, whatdo you mean, "these people"?
00:07:26Ah, nice clothes, jewelry with these, uh, dumb smileson their faces.
00:07:29One guy gave me a hugbecause I gave him a free bookof matches.
00:07:33Rollin' on X.
00:07:33You have any ideawhere these people were coming from?
00:07:36No. I asked once.
00:07:37Lady laughed and said a party.
00:07:39Thought I was anglingfor an invite.
00:07:43MAN:You sure she came here?
00:07:44GREEN:We're just checking all the buildings in the neighborhood.
00:07:47She was wearing ablack leather miniskirt black cashmere coat.
00:07:50May have been a littlefriendlier than usual.
00:07:53Um, 18-C.
00:07:55What, some kindof party?
00:07:56I just watch the door.
00:07:58They know the password,I let them up.
00:08:01Yeah. This time it was"Bill and Monica." Hey, I stopped asking questionsa long time ago.
00:08:08-Thanks, bro.-Yeah.
00:08:11Yes, she was herelast night.
00:08:13You know her name?
00:08:14She called herself Xena.
00:08:15-Xena?I -think.
00:08:16Yeah, well, it's probably nother real name.
00:08:18Some of our guests havean alias.
00:08:20What kind of partywas this?
00:08:22Well, you know,for adults.
00:08:24Invitation only.
00:08:25Oh, hence the clever password.
00:08:26We entertain a sophisticated group of people, Detective.
00:08:30The password helps us screen out the bridge-and-tunnel crowd.
00:08:34You ever seen her before?
00:08:35Maybe at another party.
00:08:36She came with a friend of ours.
00:08:38And who's that?
00:08:39Andrew. Andrew Skinner.
00:08:41Do you know if she left with him?
00:08:43He's very sweet.
00:08:44He would never hurt anyone.
00:08:45Look, we're a pretty white-wine kind of crowd.
00:08:47BRISCOE: Xena was on GBH.
00:08:48Well, she didn't get it here.
00:08:49We need this Andrew's phone number and address.
00:08:52Yeah, along with the rest of your sophisticated group.
00:08:59MAN: I don't know her real name.
00:09:01Just Xena.
00:09:02She was your date.
00:09:03Well, I hardly knew her.
00:09:04I met her a couple of weeks ago at another party.
00:09:06It's not easy for a single guy to find someone to bring to these kind of things.
00:09:10Cry me a river, bro.
00:09:11So, what's her number?
00:09:13I don't have it.
00:09:13I lost my Blackberry coming home last night.
00:09:17Yeah, I lost mine years ago.
00:09:19I was kind of wasted.
00:09:21Where did you pick her up?
00:09:22We met in the lobby at the party.
00:09:24And what time was this?
00:09:26At 10:30.
00:09:27And then we split up when we got to the party.
00:09:29You bring this girl to a party and then you leave her?
00:09:31They only let guys in if they're paired up.
00:09:33You know, keep the ratio right.
00:09:35So, when's the last time you saw the warrior princess?
00:09:38About an hour later.
00:09:39She was in the middle of an argument with some girl.
00:09:42What did this girl look like?
00:09:45Tall, thin brown hair.
00:09:47What were they arguing about?
00:09:49Something about drugs.
00:09:50You know, I got the feeling the brunette was dealing.
00:09:54What makes you say that?
00:09:54Well, I didn't see her with anybody.
00:09:56And I thought I saw one guy slip her some money.
00:09:58VAN BUREN: I thought that kind of thing went out in the '80s.
00:10:02Different decade, different drug.
00:10:05Any luck with the dealer?
00:10:06We're still trying to track her down.
00:10:0740, 50 guests at that party.
00:10:09The host and hostess didn't even know all their names.
00:10:11But they knew someone was dealing?
00:10:13That would be a good bet.
00:10:14Well, there's a law against that kind of party favor.
00:10:17BRISCOE: It's called criminal facilitation.
00:10:19GREEN: And if you piss enough people off it could also be called distributing narcotics.
00:10:24But we didn't do anything.
00:10:25BRISCOE: I seem to remember a couple of club owners who said that.
00:10:28They're throwing parties at Sing Sing now.
00:10:29Look, our parties are for adults.
00:10:30As long as everyone behaves themselves we look the other way.
00:10:33Unfortunately, we don't have that luxury here.
00:10:35A woman's been murdered.
00:10:36(clears throat) We don't allow any hard stuff like cocaine or heroin.
00:10:40We just want to make that absolutely clear.
00:10:41Oh, good. Well, now that that's out of the way who was the woman with the dark brown hair who was having the argument with Xena?
00:10:50Alexandra Shabtai.
00:10:53She's the hostess at Kaleidoscope.
00:10:55You knew about this argument?
00:10:56MAN: We heard about it.
00:10:58What did you hear?
00:10:58Just that they were fighting about money.
00:11:04WOMAN:Xena's real name is Eliza Glazer.
00:11:08Look, I'm real sorry she's dead but I don't see why you want to talk to me.
00:11:11You two had an argument the night she was murdered.
00:11:13(scoffs): I wouldn't call it an argument.
00:11:16It was just a...
00:11:17Just a what?
00:11:18We were talking.
00:11:19Well, we have some witnesses who say it was a little bit more than that.
00:11:24Wait, you don't actually think I had something to do with Eliza's murder?
00:11:26You deal the same kind of drug that was found in her system.
00:11:30And a few hours before she was killed you two were "talking" about money.
00:11:33In our neck of the woods that adds up to a drug deal gone bad.
00:11:36(scoffs): That is just insane.
00:11:38Uh... if I were you, that defense never works.
00:11:43You guys don't have a clue, do you?
00:11:47I wasn't selling drugs to Eliza.
00:11:50She was selling them to me.
00:11:51Eliza Glazer was my doctor.
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00:13:00How bad is it?
00:13:02She took a juice box right to the face.
00:13:04(Kristen) Clear!
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00:13:07What about backup lamb-y?
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00:15:44And you were a patient?
00:15:45I met her at one of the parties.
00:15:46She had a reputation for being loose with scrips.
00:15:49Codeine, Valium?
00:15:50Oxycodone, mostly. It's a pain reliever.
00:15:55The high's kind of like heroin.
00:15:57How's the addiction?
00:15:58I'm a recreational user-- one or two pills a day nothing hard-core.
00:16:03And what you don't use you sell, right?
00:16:05Maybe a few pills to some people at some parties.
00:16:08Yeah, just a little drug trafficking between friends.
00:16:12The night of this party what happened between you and Dr. Glazer?
00:16:16She told me she wasn't going to take care of me anymore.
00:16:20She was cutting you off.
00:16:22I guess that didn't make you feel too happy.
00:16:25Yeah, I was upset.
00:16:26But I didn't kill her.
00:16:27Anybody see you leave the party?
00:16:29I was with a couple.
00:16:30I went home with them.
00:16:34Name and number.
00:16:38Yup, they call it "Hillbilly Heroin." Some genius in West Virginia figured it was easier to get than moonshine.
00:16:43Yeah. Yuppies and housewives who don't want to see themselves as users get it from their doctors.
00:16:48And the insurance companies foot the bill.
00:16:50Mm-hmm. Until they stop paying.
00:16:51Then they got to go to the guy on the corner.
00:16:53Pills go for about a dollar a milligram on the street.
00:16:5680-milligram pills, 100 pills to a bottle-- that's 8,000 bucks a bottle.
00:17:00That's not a bad profit margin.
00:17:02It turns out Dr. Glazer had a track record.
00:17:05State of Oregon suspended her medical license three years ago for irresponsible prescription of amphetamines.
00:17:11She comes east sets up shop in New York.
00:17:13Well, if Glazer was running a pill mill someone in her office had to know about it.
00:17:18I been thinking about getting a little work done anyway.
00:17:23I'm really going to miss working here.
00:17:25You never knew who would walk through that door-- actors, models...
00:17:28Drug addicts.
00:17:29Excuse me?
00:17:30Well, from what we hear some of the prescriptions Dr. Glazer wrote weren't exactly standard for a cosmetic dermatology office.
00:17:37No. I was with Dr. Glazer for two years.
00:17:39If she was doing anything unprofessional I think I'd know.
00:17:43Hey, did you ever see her write any scrips for oxycodone?
00:17:46Not many.
00:17:46You sure? Would you have a record of the oxycodone prescriptions she wrote, say, for the past year?
00:17:52It's a C2 narcotic like morphine.
00:17:54Every prescription has to be filled out in triplicate.
00:17:57The DEA has to get a copy.
00:17:59They should all be in there.
00:18:02So, what are these?
00:18:03Uh, I don't know.
00:18:04These are all prescriptions for oxycodone and each one has a name and address.
00:18:07I guess we're going to be making some house calls.
00:18:14(baby crying) WOMAN: What's this doctor's name again?
00:18:16Eliza Glazer-- her office is on Park Avenue.
00:18:20(baby crying) I'm sorry. I still don't understand.
00:18:22What does this have to do with me?
00:18:24Two months ago she wrote you a prescription for oxycodone.
00:18:26Her office records show there've been two refills since then.
00:18:29That's a lot of pain to be in, Ms. Thomas.
00:18:32There must be some mistake.
00:18:33I've never even heard of a Dr. Glazer.
00:18:35Well, that is your name and address, right?
00:18:37It is, but it isn't me.
00:18:38Look, I just had a baby.
00:18:39Two months ago I wasn't even allowed to drink coffee.
00:18:42Well, did you lose your wallet or have it stolen recently?
00:18:46In December.
00:18:46Someone got a hold of all my credit card information and went to town.
00:18:50-Did you report it? -Of course.
00:18:52I had to change all my cards, PIN numbers, bank accounts.
00:18:55It was a nightmare.
00:18:57WOMAN:I don't recall ever seeing this doctor's name before.
00:19:02Do you, Philip?
00:19:02No, can't say I have.
00:19:0430 years in business, you get to know people.
00:19:08Used to mean something. Not anymore.
00:19:11These prescriptions are from your store.
00:19:13They were clearly filled here.
00:19:14We have verification from the DEA.
00:19:16Well, have you spoken with Peter?
00:19:19Who's Peter?
00:19:19Oh, he's our son-in-law.
00:19:20He runs the shop during the week for us.
00:19:23So, he's a pharmacist?
00:19:24Yeah, well, we've been sort of semi-retired for a few years now.
00:19:27Is your son-in-law in charge of inventory, ordering supplies?
00:19:30Yes, he does all that.
00:19:31We come in a few times a week you know, mostly out of habit.
00:19:34Have you noticed anything unusual lately?
00:19:38Didn't you mention something to me last month?
00:19:44Mr. Clark?
00:19:46W-Well, we're talking about our daughter's husband.
00:19:50I don't want to speak out of turn.
00:19:52Mr. Clark, the doctor who wrote those prescriptions was murdered.
00:19:56We think there may be a connection.
00:20:03All right.
00:20:04For the past few months I've noticed that our orders for oxycodone were a little higher than usual.
00:20:11BRISCOE: How much higher?
00:20:13A lot.
00:20:14Oh, no.
00:20:15I told Peter, and he said he'd look into it.
00:20:18I don't know whatyou're talking about.
00:20:21The paperwork's all in order.
00:20:22Maybe that's what you thought when you filed it but we double-checked.
00:20:26None of those people went to see Dr. Glazer or got their prescriptions filled by you; they were all forged.
00:20:31We check ID, but sometimes people can you know, get around that.
00:20:34BRISCOE: Especially when they've had their identity stolen.
00:20:37Must've been a sweet deal you had with Glazer.
00:20:39What was your cut once you flipped the drugs on the street?
00:20:42I don't know what you're talking about.
00:20:44BRISCOE: We're talking about serious drug offenses not to mention murder.
00:20:47I had nothing to do with that.
00:20:49Oh, but you had something to do with the rest of it.
00:20:54Let's finish this conversation down at the precinct.
00:20:58Look, I never actually met Dr. Glazer.
00:21:00Somebody else was involved?
00:21:03We need a name, Pete.
00:21:05I can't.
00:21:06He'll kill me if I talk.
00:21:08Maybe he'll kill you to keep you quiet.
00:21:10You don't have a whole lot of options, kiddo.
00:21:13We're the only friends you've got right now.
00:21:20This guy, Tommy...
00:21:22Tommy Avakian.
00:21:24Nicky Avakian's kid?
00:21:25We went to high school together.
00:21:27He came to me with an idea.
00:21:29He had this doctor; she was going to provide the scrips.
00:21:31All I had to do was fill them.
00:21:32It was supposed to be no big deal but then it got complicated.
00:21:38It always does.
00:21:42Two years ago, Tommy Avakian muscled in on prescription drugs.
00:21:47Hits it big with oxycodone.
00:21:48Now he's cornered the market in every major city on the East Coast.
00:21:53Huh, a real entrepreneur.
00:21:55Chip off the old block.
00:21:56And word is, his father's back in New York now.
00:21:59I thought the Feds had the old man in witness protection somewhere.
00:22:02After he ratted out his friends in the Russian mob he split the program.
00:22:05So, Junior keeps the seat warm while he waits for Daddy to come back?
00:22:08No. These young guys are sophisticated and they're impatient.
00:22:11They're not interested in loan sharking or extortion.
00:22:14Now it's pump and dumps, identity scams anything high-tech.
00:22:18Almost makes me nostalgic for an old-fashioned numbers racket.
00:22:21Good news is, Tommy keeps a pretty high profile.
00:22:23Runs his organization from a spot out in Brooklyn.
00:22:31Okay, everybody keep it nice and quiet.
00:22:35You touch that buzzer, you going upstate.
00:22:38Nobody move!
00:22:40Oh, a nice TV, MSNBC.
00:22:43What, are you keeping up on world events, Tommy?
00:22:45What's this about?
00:22:46It's about organized crime in the new millennium.
00:22:55I pulled a muscle.
00:22:57You got a prescription?
00:22:58I didn't think so.
00:22:59You know, your old man would have at least had a card game going.
00:23:04I have no idea what you guys are talking about.
00:23:07I never met no Doctor... whovever you said.
00:23:09Glazer-- and that's funny, because we have a witness that puts you two together selling drugs.
00:23:14Oxycodone the same stuff we found in your pocket.
00:23:16I told you I got back problems.
00:23:18We also have a witness that saw her get into your car the night she was killed.
00:23:22Black Infiniti, right?
00:23:24I was at my bar.
00:23:25I'm sure ten, 20 people will back me up on that.
00:23:28No, see, you don't even know what night we were talking abt.
00:23:32Doesn't matter.
00:23:33You guys are just trying to railroad me on the murder.
00:23:36There's no need to railroad you, Tommy.
00:23:38We already have enough evidence to hold you right now.
00:23:41And the night's still young.
00:23:43Yeah, you're right.
00:23:43So, how about some coffee while I wait for my lawyer?
00:23:49Light, two sugars.
00:24:16I'm feeling lucky.Today is the day.
00:24:17I knew it!
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00:27:32e US Attorney's office is going to be extremely interesting in this.
00:27:35With their history with his father I'm surprised your phone isn't ringing off the hook already.
00:27:38Is there any way to link Avakian Senior to this?
00:27:40We don't have anything solid that says he's back in the game.
00:27:43And this guy admits to over a dozen murders and he just walks out of witness protection.
00:27:47I'd like to put him back behind bars.
00:27:48You, me, and the rest of New York law enforcement.
00:27:52So, what about the son?
00:27:53Did he make a statement?
00:27:54You know, these guys might as well have their lawyers' phone numbers tattooed on their arms.
00:27:58So, what do we have that directly links him to the murder?
00:28:01Well, the cab driver who dropped Glazer off said Avakian's car is similar to the one she got in.
00:28:05Did he get a good look at him?
00:28:06He's not sure, so I figured we'd run a lineup and find out.
00:28:12GUARD: All right, everybody hit your mark, turn and face the window.
00:28:15Okay, Mr. Slater.
00:28:15What am I supposed to do?
00:28:16SOUTHERLYN: There's nothing to worry about.
00:28:18If the person's there, you'll let us know.
00:28:20And if he's not there, you'll let us know that, too.
00:28:23VAN BUREN: This is not your procedure Ms. Simels.
00:28:26Either shut up or leave.
00:28:32Take a look at the men and tell us if you recognize anyone and where you recognize him from.
00:28:44I-I don't know.
00:28:46VAN BUREN: Take your time.
00:28:48(sighs) It could be number two.
00:29:00VAN BUREN: Would it help if they turned sideways?
00:29:05Everyone please turn to your right.
00:29:13Number two looks like the guy.
00:29:14SOUTHERLYN: Number two looks like the man you saw in the car that night?
00:29:19He looks like the guy but you're not sure if he is the guy, right?
00:29:23Out, Counselor.
00:29:33(door closes) I guess I'm really not sure.
00:29:37All right, Mr. Slater.
00:29:39Thank you for your help.
00:29:41Did I do okay?
00:29:42You did fine.
00:29:48Any forensics to put Glazer in his car that night?
00:29:51We impounded it, tore it apart.
00:29:52No trace evidence, but he'd had it cleaned.
00:29:54Anyone see him in her neighborhood?
00:29:56The police canvassed with his photo.
00:29:58Three grams of oxycodone were recovered from Avakian's person.
00:30:02We're holding him on misdemeanor possession.
00:30:05How does a Park Avenue doctor cross paths with a Tommy Avakian anyway?
00:30:09I went through her patient records.
00:30:11There wasn't anything obvious there.
00:30:13If this was Avakian's idea of settling a business dispute why kill his cash cow?
00:30:18He might have thought the police were on to her.
00:30:21Or she was getting cold feet.
00:30:23Tear their life apart.
00:30:24If they were doing any business together there's got to be a trace of it somewhere.
00:30:30What about her bank records?
00:30:31She definitely had an increase of cash flow, but it's not like we're going to find any canceled checks or anything.
00:30:36You'd think being part of a drug ring would at least show up on phone records.
00:30:40Maybe she was smart enough not to use the phone.
00:30:42Personal contact.
00:30:43Did Avakian ever try to visit her?
00:30:45Nobody at Glazer's office ever remembers seeing him before.
00:30:48Doorman didn't, either.
00:30:49Yeah, well, maybe they met at one of his so-called legitimate places of business 'cause it seems like he's got quite a few.
00:30:55Neptune Bar, Kaleidoscope Astro Park.
00:31:00BRISCOE: Alexandra Shabtai works there.
00:31:03WOMAN: I thought I told you everything you needed to know.
00:31:05Yeah, well, as it turns out, you left a few things out like who your employer is.
00:31:08Yeah. Why didn't you tell us Dr. Glazer was dealing with Avakian?
00:31:12I didn't know.
00:31:12GREEN: Look, you were in business with Glazer.
00:31:15Glazer was in business with Avakian.
00:31:17Avakian turns out to be your boss.
00:31:19I am telling you I had no idea.
00:31:21You know, I get the feeling if we went to your place and looked around, we'd find your stash.
00:31:27Now, either we can do that or you can tell us everything right now.
00:31:33When Tommy found out about the oxy he asked me to introduce him to Eliza.
00:31:38And when Tommy asks, it's really not a question.
00:31:41So you got them together.
00:31:43I set up a meeting.
00:31:45But that's all I did.
00:31:46How often did Dr. Glazer come here after that?
00:31:48A few times that I know about.
00:31:50Any idea how the business was going?
00:31:55Oh, don't stop now.
00:31:58Eliza told me she was getting nervous about doing business with Tommy and that he kept asking her to write too many bogus scrips.
00:32:05She wanted out?
00:32:06I told her she just couldn't walk away from Tommy.
00:32:09I don't think she realized who she was dealing with.
00:32:13LEWIN: So, now we have motive.
00:32:16And the pharmacist and Alexandra Shabtai.
00:32:18Either one of whom could back out of testifying.
00:32:21Avakian's reputation precedes him.
00:32:23I've seen it happen before.
00:32:25(phone ringing) Yes.
00:32:28Yes, Janine, bring her right in.
00:32:30Feds have arrived.
00:32:35Good to see you again, Janet.
00:32:37Ms. Naiman called about Tommy Avakian's indictment.
00:32:39I hope you're not here to poach our case.
00:32:42Just curious.
00:32:44I'm sure you know our history with the family.
00:32:46Yes. We hear Avakian Senior might be back in the game.
00:32:51That's what we hear, too.
00:32:53You must be eager to get a case going against him.
00:32:55I never liked the fact he only did 20 months even if he did hand us the top three guys in the Russian mob.
00:33:01So, how's your case going?
00:33:03We're lining up our ducks.
00:33:04What kind of evidence do you have?
00:33:06Nothing to implicate Avakian Senior.
00:33:07LEWIN: I'm-I'm sorry, Counselor.
00:33:09Is there something specific you wanted to know?
00:33:13Well, like I said I just stopped by out of curiosity.
00:33:17So, let us know if there's any way we can help.
00:33:20Actually, there is.
00:33:20I spoke with your boss.
00:33:22He mentioned that you have electronic surveillance on several of Avakian Senior's businesses.
00:33:26We'd like to listen to those tapes and see if there's anything that could help our case against Junior.
00:33:31Those taps haven't yielded much, but I'll see what we have.
00:33:39Now, don't wait for her to get back to you.
00:33:45NAIMAN:I had Agent Blum go through these tapes to see if Tommy Avakian was on them and if he made any references to Dr. Glazer or oxycodone.
00:33:53There's one conversation we're pretty sure is with your Dr. Glazer.
00:33:57Anything relevant?
00:33:59They argue.
00:34:00He threatens her.
00:34:01Sounds pretty relevant.
00:34:02There's only one problem.
00:34:04You can't use it.
00:34:05Why not?
00:34:06You use it and the old man will know the place is hot.
00:34:10Why even tell me about it then?
00:34:11Because my boss is making nice with your boss.
00:34:13If you heard this threat on tape why didn't you do anything about it?
00:34:16His son's drug ring wasn't our top priority.
00:34:18Yeah, but now a woman is dead.
00:34:20Look, I had 18 agents who spent every waking hour cooped up in sound vans doing surveillance on this guy five years ago.
00:34:25And they weren't too happy when he flipped and walked away the first time.
00:34:28Well, that problem's in your family.
00:34:30When we land him now, we want it to stick.
00:34:32Look, the best I can do is let you listen to the tape.
00:34:35Maybe there's something on it that can help.
00:34:37But I can't let you use it in court.
00:34:44The FBI filtered out most of the background conversation to enhance the tape.
00:34:50GLAZER: You can't ask me to write any more.
00:34:52AVAKIAN: You want to bet?
00:34:53Look, I'm the one talking all the risks here.
00:34:55My license is on the line.
00:34:56I'm getting out.
00:34:57Listen, bitch, you'll do what I tell you to do and if you don't, you'll be needing to take this oxy stuff yourself.
00:35:07You told them we wouldn't use that?
00:35:09They wouldn't even let me listen to it without an agreement.
00:35:12It's frustrating to have this and not be able to use it.
00:35:15Depends what you mean by "use." LEWIN: Are you suggesting that we break an agreement Serena made with the US Attorney?
00:35:20I don't think we have to.
00:35:22There's no reason Avakian has to know how we came by that information.
00:35:25It's possible he'll remember the circumstances.
00:35:28He was in a bar, right?
00:35:29We can't lie to his lawyer and tell him we have a witness that doesn't exist.
00:35:33We do have a witness.
00:35:34Avakian himself.
00:35:35We just don't have to make that particularly clear.
00:35:41McCOY:If your client wants to go to trial, he's looking at 25 to life for murder.
00:35:46Your case died in the lineup.
00:35:48Investigations don't stop just because you'd like them to, Ms. Simels.
00:35:52Yes, and evidence doesn't just appear because you'd like it to, either.
00:35:55We have a witness who heard your client threaten Eliza Glazer over their drug venture.
00:36:00Abracadabra, Counselor.
00:36:01What are you talking about?
00:36:03McCOY: According to our witness, it was a pretty vivid discussion.
00:36:06SIMELS: Who's this witness?
00:36:08We're not obligated to tell you that.
00:36:10Then tell me what he said.
00:36:11So you can figure out who it was and intimidate him?
00:36:15This is a bluff.
00:36:19Dr. Glazer expressed her concern about her medical license.
00:36:22You told her she might need to take oxycodone.
00:36:27Somebody dimed me out.
00:36:31Out of curiosity what kind of time are we talking about?
00:36:3415 to life.
00:36:36I thought this was a real conversation.
00:36:38Let's go, Tommy.
00:36:39Sit down.
00:36:40What? What are you doing?
00:36:41Be quiet a second.
00:36:51Here's the deal.
00:36:53I walk on everything.
00:36:55No time, and I go into witness protection.
00:36:58What could you possibly offer that would justify that demand?
00:37:02A lot.
00:37:03Tommy, whatever it is you think...
00:37:04I told you to shut up.
00:37:12My father's behind the whole oxy operation.
00:37:15He provides all the financing, all the muscle.
00:37:17You give me this deal, I'll give you my father.
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00:41:16He says his father took over that end of the business.
00:41:18Told us Dad ordered Glazer's murder when she wanted out.
00:41:21Do we believe him?
00:41:21He also gave up the father on the two Ecstasy dealers murdered in Chelsea last January.
00:41:28The two college kids?
00:41:29Maybe it's worth it.
00:41:31I'm not happy about giving a murderer a walk to get a guy the Feds already had.
00:41:36What do you mean, a walk?
00:41:37There's no deal if there's any jail time attached.
00:41:42Oh, Daddy taught him well.
00:41:43Yeah, but you've got to admit Avakian Senior's a very tempting catch.
00:41:47His son garroted a woman and tossed her body out of a car.
00:41:49But if we make a deal we have a very good shot of getting Avakian Senior off the street for life.
00:41:53And Eliza Glazer's case gets lost in the shuffle.
00:41:56If we don't accept the son's offer you'll be trying a case without the only piece of evidence that links him to the murder.
00:42:04Go pick up Papa.
00:42:10MAN:Three counts Murder One three counts conspiracy to commit Murder One.
00:42:15A little active since you left witness protection huh, Mr. Avakian?
00:42:19People on bail?
00:42:19SOUTHERLYN: The people are asking for remand, Your Honor.
00:42:22These charges speak for themselves and this defendant's past history is well known to the Court.
00:42:27We believe he's a serious flight risk.
00:42:28On the contrary.
00:42:29Five years ago Mr. Avakian testified for the United States government at tremendous personal risk and rather than fleeing New York City, he's returned.
00:42:37Where he's picked up the pieces and taken over his son's criminal enterprise.
00:42:40Are there any RICO charges in the indictment?
00:42:43Just capital murder charges.
00:42:44JUDGE: Enough.
00:42:45Just because you were the government's friend once Mr. Avakian, doesn't mean you still are.
00:42:51(gavel bangs) Nice job, counselor.
00:43:00What can I do for you, Mr. Lynch?
00:43:02It's what we can do for you.
00:43:04Tell your boss I have a present for him.
00:43:10There's no offer, Mr. Lynch.
00:43:12If your client wants to plead to Murder One we'd agree to leave sentencing up to the judge.
00:43:16Come on, counselor.
00:43:17You came all the way down here.
00:43:19You must be a little curious about what my client has to say.
00:43:23What if I were to tell you that Mr. Avakian has information that the Feds would die to get their hands on?
00:43:28My answer would be, I'd be skeptical.
00:43:31Know anything about urea?
00:43:35Or sulfate?
00:43:36They're chemicals used to make a homemade explosive compound.
00:43:41Like the guy who wanted to blow up LAX a few years ago had.
00:43:44McCOY: These chemicals also have legitimate commercial uses.
00:43:47What are you telling us, Mr. Avakian?
00:43:49I can give you the name of the guy who sells this stuff to anybody who walks in the door.
00:43:56LYNCH: This man doesn't ask questions doesn't ask for a customer's hazardous substance license doesn't care what Federal watch list they're on.
00:44:04If you get my drift.
00:44:05My client can give you a name.
00:44:09The name.
00:44:19Write it down.
00:44:20We'll check it out.
00:44:21LYNCH: First we set the parameters of the deal then my client starts talking.
00:44:24Why should we believe him?
00:44:26Why did you believe his son?
00:44:29Let's assume for a minute that what your client says is true.
00:44:34There's no way to prosecute a case based on that information alone.
00:44:39Come on, McCoy.
00:44:39We both know there are better uses for what I got than in court.
00:44:45The only deal we'd even consider is one contingent on corroboration.
00:44:49(scoffs) Transactional immunity from prosecution for all my client's past offenses as of right now...
00:44:57just for the name.
00:45:10If I didn't know better I'd swear the counsel room at Rikers was wired.
00:45:14Nicky Avakian's lawyer called me.
00:45:16He hopes you can talk us into making a deal.
00:45:19He's smart enough to know how valuable his client's information might be.
00:45:23I'm not the one who's going to make the call here, Janet.
00:45:27And I have to take this to Washington.
00:45:29Then why are we standing here spinning our wheels?
00:45:31Because you have influence with Lewin.
00:45:35How do we know this isn't a con job by a man who'd say anything to avoid a life sentence?
00:45:40I think it's worth the risk.
00:45:42That's easy for you to say when you don't have to answer to the victims' families.
00:45:46I can't afford to be concerned about that right now.
00:45:53But do me a favor, Jack.
00:45:54Before you talk to your boss think about what's at stake here.
00:46:04I've gotten seven or eight calls-- Justice, FBI, CIA.
00:46:07I just got off the phone with the Deputy Attorney General.
00:46:10McCOY: How many times will they let Avakian bargain his way out of jail?
00:46:14Some would say as many times as he can give us what we need.
00:46:15We don't even know if his information's any good.
00:46:20Is there any way to get some idea if it's legit?
00:46:24The defense won't give us a crumb until they get his deal in place.
00:46:27The US Attorney's Office doesn't seem to mind that?
00:46:29All he has to do is imply a connection to terrorism and everybody starts drooling.
00:46:34Even if the information doesn't pan out in the long run don't we have a responsibility to see where it takes us?
00:46:40That's a tough call.
00:46:40It means walking away from three murders and a significant drug trafficking case for what's probably just pie in the sky.
00:46:48Yeah, but isn't part of our job to make people feel safer?
00:46:51No one's going to be any safer if we let violent criminals use our fear of terrorism as currency.
00:46:56And how do we know that the father and son didn't plan this from day one?
00:47:01Either one gets caught they roll on the other.
00:47:03The chemical dealer is their ace in the hole.
00:47:05Well, what troubles me is there's no way to figure out if this is all a bluff.
00:47:10(phone ringing) Yes?
00:47:16Thank you.
00:47:17Federal Judge Anthony Vallone would like a word with us.
00:47:21And the US Attorney for the Southern District, Franklin Praeger.
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00:51:17[bong!] LEWIN: Why do I have the feeling I'm about to have both my arms twisted?
00:51:28MAN: Not at all, Nora.
00:51:29Mr. Praeger asked me to mediate.
00:51:31I do that sort of thing on occasion, you know?
00:51:33You're aware that we're in the process of building a strong case against Nikolas Avakian for homicide and distribution of narcotics.
00:51:40What's the big deal?
00:51:41Avakian's got information everybody wants.
00:51:44You cut deals all the time.
00:51:46Yes, but this isn't your standard plea bargain.
00:51:49He wants a walk on three murders and several A-felony counts of narcotics distribution.
00:51:54For information that may turn out to be worthless that may not even exist.
00:51:57MAN: What if it does?
00:51:58What if someone blows up a building and we didn't do anything about it?
00:52:01What about all the people the Avakians are already killing?
00:52:04Do we not prosecute anyone anymore for anything?
00:52:07You're talking about drug dealers.
00:52:08We're talking about national security.
00:52:10LEWIN: Our case has broader implications, too.
00:52:12We're talking about a potential scourge on the order of crack cocaine.
00:52:17What if we'd been able to prevent that from taking hold?
00:52:20Well, arresting Avakian is not going to prevent oxycodone from being the next designer drug.
00:52:25There's always someone ready to step in.
00:52:28The same would be true about people who black-market chemicals.
00:52:30Well, if you put this to your constituents I think I know which one they would choose.
00:52:34Yes, but I'm not sure I want to let their fear dictate my decision.
00:52:38We're talking about three flesh-and-blood murder victims here.
00:52:42Well, none of us has the corner on the greater evil here, Nora.
00:52:46And no one can force the District Attorney's Office to do something it doesn't want to do.
00:52:51Are you absolutely sure this is the call you want to make, Nora?
00:52:54No, I'm not absolutely sure about anything, Your Honor.
00:52:58But I do think it's irresponsible to put our faith in someone like Nikolas Avakian.
00:53:04He came through for us five years ago.
00:53:06I think he spent all the real capital he had then.
00:53:09So, yes, I think I've made my decision.
00:53:13SOUTHERLYN: How did Avakian's lawyer take the news?
00:53:17Be glad you missed the fireworks.
00:53:19It was the first time I saw him anything but smug.
00:53:22He probably never considered the possibility we'd say no.
00:53:26So where do we stand?
00:53:27His own son testifying against him is powerful but it's still a one-witness case.
00:53:32Not anymore.
00:53:33Avakian Junior's lawyer.
00:53:33They're withdrawing his offer of cooperation.
00:53:37McCOY: Your client never intended to testify.
00:53:40The whole thing was a scam coordinated by father and son in advance.
00:53:43That is ridiculous, Judge.
00:53:45My client and I simply reassessed our case and we both feel he has a legitimate shot at an acquittal.
00:53:49Your client already gave a complete statement-- one we fully intend to use against him.
00:53:54That statement was given in the context of plea negotiations.
00:53:57My client proffered what he was willing to testify to so that Mr. McCoy could decide whether he's interested in the information.
00:54:03He can't turn around now and decide to use those statements against him.
00:54:06at about it, Mr. McCoy?
00:54:07She's trying to circumvent the spirit of the plea bargaining process.
00:54:11Judge, if you rule in their favor then defendants have no protection.
00:54:14They could offer up everything they know and Mr. McCoy could just say, "No, I'm not interested in that but thanks for the confession." Except I never said I wasn't interested.
00:54:22We had an agreement.
00:54:23All we had was an agreement to agree.
00:54:25Until my client allocutes in open court he's free to change his mind.
00:54:29I'm afraid she's right, Mr. McCoy.
00:54:31But if Mr. Avakian takes the stand in his defense these statements will be admissible against him.
00:54:37That, counselor, is a promise you can count on.
00:54:45Without his statement or the eavesdropping evidence both Avakians walk away.
00:54:48It's the nature of the beast and will be as long as we're forced to rely on unreliable people to prosecute these kind of criminals.
00:54:54I'm not ready to throw in the towel.
00:54:56Maybe we can get the Feds to change their mind about letting us use the tape.
00:54:59At least we can proceed against Avakian Junior.
00:55:01No, I already ran that by Franklin Praeger.
00:55:03Let's just say he's not in the mood to be gracious.
00:55:06So all we have is the drug misdemeanor.
00:55:08Which might be enough to nail both Junior and Senior.
00:55:12If we're going to have a revolving door on the front of the courthouse maybe it's time we tried to spin it in our direction.
00:55:21Why should he plead?
00:55:22You have no case now.
00:55:24McCOY: On the murder charge, maybe not.
00:55:25But you're forgetting the oxycodone he had in his possession when we arrested him.
00:55:31You're right.
00:55:32I did forget the bag of 12 pills he was busted with.
00:55:35Possession with intent it's a B-felony.
00:55:38You can't make out intent with that amount.
00:55:40With the pharmacist's testimony that he was in cahoots with your client-- that shouldn't be that hard.
00:55:46You think that wimp is actually going to show up at court?
00:55:49We have him in protective custody as a material witness.
00:55:52So then my client will take the stand and say that this guy's lying.
00:55:55That the pills the police found on him were for his bad back.
00:55:59Except your client can't testify.
00:56:01According to Judge Kerner's ruling if he takes the stand we can introduce his murder confession.
00:56:14So, I blow trial on the drugs...
00:56:18I do a few years.
00:56:20You don't just do a little jail time.
00:56:22You have two felony convictions.
00:56:26Which makes you a discretionary persistent felon.
00:56:29You're facing a life sentence just as if we were trying you on a murder charge.
00:56:35Your client goes down on the narcotics felony, it's strike three.
00:56:42Unless he gives us his father.
00:56:46Last time it was just a scam.
00:56:48This time you have to decide whether you'll do it for real.
00:56:56You want me to rat out my own father, you son of a bitch?
00:56:59Is that what this country is coming to?
00:57:01It was your idea, Mr. Avakian.
00:57:04And now that you've played us I'm going to do my best to see that it comes to fruition.
00:57:16How much time we talking about?
00:57:18Whoa, whoa, whoa.
00:57:19What are you doing?
00:57:20It's called saving his ass.
00:57:28We need to talk to your father about this.
00:57:30No, we don't.
00:57:31It's got to be the same deal as before.
00:57:33You not getting a walk Mr. Avakian.
00:57:36This time it's ten to 20 for killing Eliza Glazer.
00:57:40But I'm giving you my father.
00:57:45We'll throw in the drug charge.
00:57:50Take it or leave it.
00:57:58I'll take it.
00:58:00Are you my lawyer or my father's?
00:58:06But you got to put me in a Federal prison and then witness protection.
00:58:32JUDGE: Any redirect, Mr. McCoy?
00:58:35No, Your Honor.
00:58:35The witness may step down.
00:58:38The jury is dismissed for the day.
00:58:51AVAKIAN SENIOR: Tommy.
00:58:53Look at me.
00:59:02You did what you had to do.
00:59:04If it was me...
00:59:07I would probably do the same thing.
00:59:13Come on. Let's go.
00:59:18Better watch your back, Tommy.
00:59:24Come on.
00:59:33Some people pass down pocket watches.
Created by Patrick Riley