In 1968 three prisoners were being transported in the back seat of a police car. An attempt was made to overpower the policemen in the front seat; when it was all over, one of the policemen and one of the prisoners was dead. The other two prisoners, Gary McGivem and Charles Culhane, were eventually convicted of felony murder. A few months before this show, Governor Cuomo had recommended clemency for McGivern, setting off a firestorm (George Bush, speaking to the New York Conservative Party dinner, said that one difference between Mario Cuomo and Ronald Reagan is that the latter did not recommend clemency for "cop-killers"). Our guests on this absorbing show are well acquainted with the case: Mr. Kavanaugh was the prosecutor; Mr. Tigar handled

McGivern and Culhane's appeal. MK: "When I look at this case as a professional

prosecutor, the first thing I'm looking for ... is why would Joe Singer be lying? To

believe [the defendants], Singer would have to be lying." WFB: "... Why would Singer lie, then?" MT: "Because his role in this episode ... was one of total incompetence. This is an inadequately trained, marginally intelligent officer with very little experience who, according to evidence, has reacted in a situation that left his partner dead." WFB: "He panicked?" MT: "He panicked."