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The cop said, confirm that's the guy. >> that's what i got from that. that he's saying once he picked here picked, the cops confirmed to him, yes, you got the right guy. >> is there a problem with that? >> yeah. i would never tell somebody, yeah, you got the right guy. >> what's the problem with doing that? >> because you're influencing him at that point. you're confirming that you've already convicted him. yes. you got the right guy. you're telling him this is the murderer. >> even though lead detective gary whittaker didn't want to go on camera derg say he would never show a witness just a f...

Attorney? he didn't want to discuss the case with me even though rosario asked him to. so i reached out to someone else who could help fill me the on this case. his office is a few blocks from nbc headquarters. >> i've been a lawyer for 30 years. >> chip first met rosario about five years after his conviction. a former classmate from yale law school asked if he would represent rosario on appeal for free. to chip it seemed like a slam-dunk case. >> i thought once i read the case, and i still think, clear cut, obvious case that richard rosario did not get a fair trial because he didn't have effe...

Chip said both attorneys screwed up. >> the trial lawyers who represented richard just messed up. the first lawyer applied to the court to get expenses paid for a defense investigator to go to florida, that petition was granted and then she didn't do anything for a year. >> so the court actually granted rosario's attorney the money to send an investigator to florida. but the screw up comes when joyce heartsfield hands the case over to steven kaiser, the lawyer who would represent rosario in trial. >> the first lawyer told the new lawyer that the petition had been denied. even though it had bee...

Me about it. but while lead detective gary whittaker arrested rosario, he is not the one who took statement. that was a different detective named irwin silverman. >> i'm on my way to yonkers, new york on, this gloomy, arraigny day to speak with irwin silverman who is retired now. apparently his nickname is silky and he agreed to see me. he asked as. we meet in his synagogue. he arrives wearing a wild t-shirt as we set up in the room. >> you have a big owl staring at me. >> we're here to talk about the richard rosario case. >> correct. >> what do you remember about it? >> there is a lot i don't...

"dateline" as he followed him. bobby became so frustrated with the case, he resigned from the job he loved. >> good luck. do something good with your life. >> i learned a lot from bobby. not just police work. he is one of those honest salt of the earth guys and he agreed to help me. bobby had not heard of the case. after we reviewed it, we met the south bronx in a parking lot. you look a little older since the last time. strangely enough, it is almost 19 years on the day of the murder and even the same time of day. 1:30 in the afternoon. >> how did this go down? it starts right around here. th...