Absence of Malice

Capaletti.

Carlyle. He's dead since June, boss.

The man, Santos Malderone.

And here comes our boy, Michael Colin Gallagher.

Forty-three here, 47 now.

Tommy Gallagher's only kid, nephew of Santos Malderone.

Occupation, wholesale liquor.

Look out, punch is coming. Duck, Waddell.

Hey, where were you when I needed you?

Hi, Donna. Oh, hi, Meg.

Did somebody rob a bank? Wish somebody would.

Anything new on Diaz?

Oh, sure, lots. We're just not ready to discuss it yet.

So where is everybody?

Oh, no place you'd care about. They're all watching the movies.

What movies? Surveillance film.

Tommy Gallagher's funeral.

It's pretty funny. Bob Waddell gets slugged at the end.

Who's Tommy Gallagher?

One of the bad guys. He got dead before you got here.

All the crooks showed up, so we took pictures.

Ask Bob to let you see it sometime. Sure.

He's still crazy about you, Meg.

He's a nice guy.

Donna, I've been here three years.

Why would they be interested in a guy that's been dead that long?

That got him busted for assault. That's all we got on Michael Gallagher.

For those of you who are new,

his old man, Big Tommy, handled five states' worth of liquor

and kept the longshoremen out of Miami for 15 years.

He played rough.

If he'd been alive when Diaz got hit, he'd have been Suspect 1.

Since he was dead, he's not involved.

Big Tommy had a stroke in '67,

brought Mike down from Chicago to run the family store.

Word is, Little Mike's clean. I don't buy it. I wanna find out.

Meersma, IRS gets his last six years. Six? Come on.

Work it like a net-worth case.

I wanna know every nickel he's got and how he got it.

I wanna know his mortgage, his car payments, and his 2106s.

Mac, you guys crawl all over his union stuff.

Bob, Bureau gets the rest. Friends, neighbors, butcher shop.

I wanna know where he was when Diaz went away.

I want this guy to know we're in town, okay?

Hey, Bob, Eddie. How come the streets aren't safe?

Youths. Disadvantaged youths.

You spent all morning at the movies?

What movies? The Gallagher funeral.

Donna said you might show it to me. What?

Donna's on her way out.

Hey, wait a minute, take it easy. She didn't do anything.

What are you doing for lunch? Sorry, I've got a date.

He's under arrest. What for?

Sent him to a homicide on Southwest 8th Street.

Did you hear him yelling at me? Rosie, line four.

It's the electric company.

Why do they talk in my teeth?

It's the only way they can reach you.

Apalachicola. A-P-A-L-A-C-H...

Sue, there's a story in here on a Michael Gallagher.

I'd like to have a copy.

Make sure this is on the son, Michael Gallagher, not Tommy.

Okay, fine. Thank you.

Bob Waddell's office, please.

[DANCE MUSIC PLAYING OVER SPEAKERS]

Hi. Hey.

Sorry I'm late. It's okay.

Got hung up on a rewrite. Glad you called. What's up?

Kathy, a vodka martini, rocks.

I wanted to make sure that Donna didn't get into any trouble.

She's gotta be careful. She didn't tell me anything.

She just said you were looking at the Gallagher film.

Yeah, well, let's forget it, okay? Okay.

I'm buying. No, no, put it on mine.

Hey, Meg. Hi. How are you?

Did you know he has a son? Gallagher?

I called you last night. I thought... Oh, I got in very late last night.

How'd you know he had a son? Oh, I met him once at a party.

Oh, you cut your hair.

Yeah. Well, it looks terrific.

Thanks.

He seemed nice. Who?

Gallagher. Listen, I'm gonna tell you something.

You don't wanna have anything to do with Mike Gallagher, not ever.

Especially not now.

Why not now? You gonna bust him? He's already been busted.

For what? For assaulting a federal officer.

Are you getting off on gangsters now?

What is the matter with you?

Let's talk about something else.

Hey, can I buy you dinner? Not tonight, I'm busy.

I just wanted to make sure you didn't send Donna to Siberia.

That's all, huh? Come on.

You'd let me know if you wanted me to quit asking, wouldn't you?

I don't wanna be a jerk. You're not a jerk.

Mac, I think the strike force is onto something.

Must be an accident. What?

Guy by the name of Michael Gallagher.

Son of a bootlegger, Tommy Gallagher.

What have they got? I don't know.

It must have to do with Diaz. That's all they're working on.

What else have you got?

Supposedly, he sells liquor. He's got a warehouse on the channel.

Makes sense. Longshoreman.

I ain't got it yet. Work Quinn. He wants us to love him.

I'm not sure he knows. He's DA, but Rosen runs the strike force.

How about Rosen? Ugh.

Christ, if he said word one, it would be the first time.

Yes, sir?

Grace, there's a reporter on her way here to see me now.

When we come in the office, give me a minute and then buzz me.

Hey, Elliott? Oh.

Michael Gallagher. Terrific.

The guy who hit Diaz.

You solved the crime of the century. Where'd you hear that?

If I revealed my sources, you wouldn't talk to me.

That would be terrible. The public has a right to know.

Where does it say that? There's a sign on my desk.

Yeah. Well, it'll be a dull conversation, but come on in.

You want some coffee? No, thank you.

Go.

What can you tell me about the investigation?

I can neither confirm nor deny any investigation in this office.

Not for attribution. No confirm, no deny.

Background? Can't help.

Off the record. Off the record?

Yeah. No comment.

You're a real sweetie. I told you it was gonna be dull.

Yeah?

All right, I'll be there in a minute.

Cheer up. Maybe you'll get lucky.

I gotta go to a meeting.

Oh, take your time. Have a little coffee.

"Under investigation," weak. Can't we say he's a suspect?

I don't know what he's suspected of. The murder of Joey Diaz.

Kidnapped. No murder, no body. Presumed murder.

You're missing six months, you're dead.

The prime suspect.

I don't know he's prime. Maybe they have somebody primer.

"Key."

"The key." "A key."

McADAM: Christ, you want anybody to read this? You keep watering it down.

"Informed sources." "Well-informed."

If he wanted to leak the story, why didn't he tell me off the record?

Instead of talking out of school, he got you snooping through files. Smart guy.

"Sources in the federal building"?

That sounds like the janitor.

"Knowledgeable sources."

McADAM: "Knowledgeable sources."

Why did Rosen want it out? Maybe he's trying to be a nice guy.

Maybe he wants us to owe him. Maybe he likes your legs.

If we try to figure out why people leak stories, we'll publish monthly.

Davidek better read this.

Oh, he's gonna love it.

Now, then, madam, you propose to say that Mr. Michael Colin Gallagher

is the proximate cause of the demise of the esteemed Mr. Diaz.

That's not what it says. He's under investigation.

Gallagher will think we make him out a murderer.

As will his friends, his neighbors.

Let us assume he is neither a murderer nor the subject of investigation.

Let us suppose that your story proves to be false on its face.

This story's true. If papers printed nothing but truth,

they'd never employ attorneys, and I should be out of work.

I read the file.

I'm not interested in the facts.

The question is not whether your story is true,

the question is: What protection do we have if it proves to be false?

Now, then, Mr. Gallagher is not a public official,

nor is he likely to become one. Pity.

Is he a public figure? He's not going to sue, for God's sake.

So, what does it take to make him a public figure?

If I knew, I should be a judge. They never tell us till it's too late.

I'd be more comfortable if he were a movie star or a football coach.

Football coaches are very safe indeed.

Have we spoken with Mr. Gallagher?

We don't call the Mafia for comment.

Please make the attempt. All right.

If he talks to us, we'll include his denials,

which will create the appearance of fairness.

If he declines, we can hardly be responsible

for errors which he refuses to correct.

If we fail to reach him, at least we tried.

What are you telling me?

I'm telling you that the truth of your story is irrelevant.

We have no knowledge the story is false, therefore, we're absent malice.

We've been both reasonable and prudent, therefore, we're not negligent.

We may say whatever we like about Gallagher.

He is powerless to do us harm. Democracy is served.

[BAND PLAYING "WHO COMES THIS NIGHT"]

Teresa? Yes, Mother?

What are you doing?

You've been away from the office for an hour.

Are you ill?

I'm not feeling well, Mother.

Shall I send for the nurse? No, no, Mother, I'll be all right.

If you're coming down with something, perhaps you should go home.

We don't want the whole school infected.

Yes, Mother. And put out that cigarette.

Yes, Mother.

I'm Michael Gallagher.