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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:01,368 --> 00:00:03,097 NARRATOR: In the criminal justice system 2 00:00:03,170 --> 00:00:07,038 the people are represented by two separate yet equally important groups, 3 00:00:07,107 --> 00:00:08,939 the police who investigate crime 4 00:00:09,009 --> 00:00:11,808 and the district attorneys who prosecute the offenders. 5 00:00:11,879 --> 00:00:13,472 These are their stories. 6 00:00:14,181 --> 00:00:17,481 (PANICKED CLAMORING) 7 00:00:17,551 --> 00:00:20,452 What's your location, Ladder Seven-Two Can Man? 8 00:00:20,521 --> 00:00:23,218 OVER RADIO: Search negative in apartment six-baker. Everybody's out. 9 00:00:23,290 --> 00:00:25,281 Received, six is clear. 10 00:00:25,359 --> 00:00:27,350 I'm gonna go check the stairwell to the roof. 11 00:00:28,729 --> 00:00:29,890 We got flashover in six-baker! 12 00:00:29,963 --> 00:00:32,796 Time to get outta there, Ladder Seven-Two Can Man! 13 00:00:32,866 --> 00:00:34,459 I don't like this. 14 00:00:34,535 --> 00:00:35,730 Pick up transmission! 15 00:00:35,802 --> 00:00:38,464 Evacuate the building, Ladder Seven-Two Can Man! 16 00:00:38,539 --> 00:00:39,563 Mayday! May... 17 00:00:41,708 --> 00:00:44,006 Get the fast truck in there, now! 18 00:00:46,346 --> 00:00:48,974 (SCREAMING) 19 00:00:49,049 --> 00:00:50,847 That was Sean! 20 00:00:50,918 --> 00:00:52,716 (SHOUTING) Paramedics! 21 00:00:53,787 --> 00:00:56,119 He got trapped on top of the main burn. 22 00:00:56,189 --> 00:00:58,521 Poor guy had two choices, jump or be incinerated. 23 00:00:58,592 --> 00:01:00,526 What about his emergency line? 24 00:01:00,594 --> 00:01:02,460 The old ones were too heavy to carry. 25 00:01:02,529 --> 00:01:04,930 And the brass hasn't approved any of the lighter-weight models. 26 00:01:04,998 --> 00:01:06,466 Well, I take my hat off to you guys. 27 00:01:06,533 --> 00:01:09,969 Personally, I'd rather dodge bullets than run into a burning building. 28 00:01:10,037 --> 00:01:11,232 What was his name? 29 00:01:11,305 --> 00:01:14,036 Sean Grafton from Ladder Seventy-Two. 30 00:01:14,107 --> 00:01:16,337 His old man and two brothers in the department. 31 00:01:16,410 --> 00:01:19,311 He have a family? Yeah, a wife and two kids. 32 00:01:19,379 --> 00:01:20,847 That's rough. How'd it start? 33 00:01:20,914 --> 00:01:22,075 That's why we called. 34 00:01:22,149 --> 00:01:24,311 Guys who were up there said multiple points of origin. 35 00:01:24,384 --> 00:01:25,374 Arson. 36 00:01:25,452 --> 00:01:27,250 Well, we'll know more when we get back in the building, 37 00:01:27,321 --> 00:01:30,086 but nine times out often, you're right. 38 00:01:30,157 --> 00:01:32,182 Which means Sean Grafton was murdered. 39 00:02:24,177 --> 00:02:27,442 The fire was started in two separate areas of the sixth floor. 40 00:02:27,514 --> 00:02:29,642 The east stairwell landing and the hallway. 41 00:02:29,716 --> 00:02:31,650 Was there any evidence of an accelerant? 42 00:02:31,718 --> 00:02:35,313 Here and here, and a gallon milk bottle with traces of gasoline. 43 00:02:35,389 --> 00:02:37,790 We're really lucky just to have the one fatality. 44 00:02:37,858 --> 00:02:39,849 We need to figure out who the target was. 45 00:02:39,926 --> 00:02:42,452 So we're thinkin' personal, not arson for profit. 46 00:02:42,529 --> 00:02:45,624 Well, it doesn't make sense to me that someone would torch the top floor 47 00:02:45,699 --> 00:02:47,565 if they wanted to burn down the whole building. 48 00:02:47,668 --> 00:02:50,262 Gas in a milk bottle, this guy was an amateur. 49 00:02:50,337 --> 00:02:52,965 Well, there's four apartments on six. 50 00:02:53,040 --> 00:02:55,839 And they're all burned out. So while you guys run down the residents 51 00:02:55,909 --> 00:02:58,606 I'll canvass the gas stations in the area. 52 00:03:01,515 --> 00:03:03,483 My smoke detector never went off. 53 00:03:03,550 --> 00:03:05,109 If one of my neighbors hadn't pounded on the door, 54 00:03:05,185 --> 00:03:06,653 we would've been fried to a crisp. 55 00:03:07,020 --> 00:03:08,078 Do you live with somebody? 56 00:03:08,155 --> 00:03:09,520 My daughter, Hannah. 57 00:03:09,589 --> 00:03:12,650 Uh, we went out the fire escape. She was terrified. 58 00:03:13,460 --> 00:03:15,519 How's she doin' now? She's okay. 59 00:03:15,595 --> 00:03:16,858 I sent her to school. 60 00:03:16,930 --> 00:03:20,298 It's better she's with her friends than sittin' upstairs in the hotel room. 61 00:03:20,367 --> 00:03:23,029 Do you or your daughter have any problems outside of the home? 62 00:03:24,471 --> 00:03:25,461 What do you mean? 63 00:03:25,539 --> 00:03:29,407 Does anyone wanna cause you harm? No. No. 64 00:03:29,476 --> 00:03:31,001 Where's Hannah's father, Miss Wilder? 65 00:03:31,078 --> 00:03:34,173 Oh, he's been out of the picture since before she was born. 66 00:03:34,247 --> 00:03:35,908 And your neighbors on the sixth floor, 67 00:03:35,982 --> 00:03:38,474 do any of them have ongoing disputes that you're aware of? 68 00:03:39,553 --> 00:03:41,112 Not really. 69 00:03:41,188 --> 00:03:44,089 It's always been a quiet building. 70 00:03:44,157 --> 00:03:45,420 CLAUDE WORTHY: That was somethin' huh? 71 00:03:45,492 --> 00:03:47,358 To see that man go off the roof? 72 00:03:47,427 --> 00:03:48,826 Reminded me of the Towers. 73 00:03:48,895 --> 00:03:52,195 Is there any reason why this might've been directed at you, Mr. Worthy? 74 00:03:52,265 --> 00:03:53,892 You think somebody set that fire? 75 00:03:53,967 --> 00:03:55,594 We're just covering all the bases. 76 00:03:55,669 --> 00:03:58,138 Then you should cover that woman across the hall from me. 77 00:03:58,205 --> 00:03:59,798 The one in Six-B. 78 00:03:59,873 --> 00:04:00,931 Emily Wilder? 79 00:04:01,007 --> 00:04:02,566 With the little girl. 80 00:04:02,642 --> 00:04:06,579 If I had a dollar for every argument she got into with some boyfriend. 81 00:04:06,646 --> 00:04:08,375 Is there anything more specific you can tell us, 82 00:04:08,448 --> 00:04:10,212 anything that happened recently? 83 00:04:10,283 --> 00:04:11,273 Uh... 84 00:04:11,351 --> 00:04:12,819 Last week was it? 85 00:04:12,886 --> 00:04:14,980 A man pounding on her door. 86 00:04:15,055 --> 00:04:17,183 Yelling for her to let him in. 87 00:04:17,257 --> 00:04:20,591 I looked through my peephole to see what all the commotion was about. 88 00:04:20,660 --> 00:04:21,752 You get a look at the guy? 89 00:04:21,828 --> 00:04:22,954 I got a look at his back. 90 00:04:23,029 --> 00:04:24,019 White. 91 00:04:24,097 --> 00:04:26,293 Brown hair over his collar. 92 00:04:26,366 --> 00:04:28,494 Had on an MTAjacket. 93 00:04:28,568 --> 00:04:30,559 Thanks. 94 00:04:30,637 --> 00:04:33,766 So Emily Wilder forgot to mention her rowdy boyfriend. 95 00:04:33,840 --> 00:04:37,470 So she can be protecting him, or scared he might finish what he started. 96 00:04:37,544 --> 00:04:39,273 Maybe we should scare her. 97 00:04:39,346 --> 00:04:42,372 There might be an easier way. 98 00:04:45,018 --> 00:04:46,611 Well, have you contacted the Board of Education? 99 00:04:46,686 --> 00:04:49,212 We don't have time to get jammed up in the bureaucracy. 100 00:04:49,289 --> 00:04:50,586 Well, I'm sorry, Detective. 101 00:04:50,657 --> 00:04:52,455 All right, let's go. No, no, wait a second. 102 00:04:52,526 --> 00:04:54,995 You heard about the fire last night, the one where the fireman got killed? 103 00:04:55,061 --> 00:04:56,051 Yes. 104 00:04:56,129 --> 00:04:58,598 Well, it happened in Hannah Wilder's building. 105 00:04:58,665 --> 00:05:03,398 We think she still may be in danger, or have some information that can help us. 106 00:05:03,470 --> 00:05:07,304 A fire, then the police. This kid's gonna be scared to death. 107 00:05:07,374 --> 00:05:09,934 Well, it just so happens that my partner here has two children, 108 00:05:10,043 --> 00:05:12,535 and he really knows how to talk to kids. 109 00:05:12,612 --> 00:05:15,707 So while he's talkin' to Hannah, I'll just go get myself a cup of Joe. 110 00:05:16,783 --> 00:05:19,184 What do you say? 111 00:05:19,252 --> 00:05:20,742 All right. 112 00:05:20,821 --> 00:05:24,985 Do you have a gun? No, no, no. I left that in the car. 113 00:05:25,058 --> 00:05:27,993 Those are cool sneakers. Thanks. 114 00:05:28,061 --> 00:05:32,020 You know, my daughter says she wants to get Skechers for her birthday, what do you think? 115 00:05:32,098 --> 00:05:33,623 Those are cool, too. 116 00:05:33,700 --> 00:05:38,035 My mom said I might get a canopy bed for my birthday, but 117 00:05:38,104 --> 00:05:40,072 now, 'cause of the fire, 118 00:05:40,140 --> 00:05:41,437 we don't have any place to live. 119 00:05:42,242 --> 00:05:45,143 I'm sorry you had to go through that, Hannah. 120 00:05:45,212 --> 00:05:46,270 So, 121 00:05:46,346 --> 00:05:48,178 you and your mom, you're gonna stay in the hotel? 122 00:05:48,248 --> 00:05:50,649 I don't know. We can't stay with my dad, 123 00:05:50,717 --> 00:05:53,584 'cause my mom says his apartment isn't big enough. 124 00:05:53,653 --> 00:05:55,587 Where does he live? In the Bronx. 125 00:05:55,655 --> 00:06:00,525 I never get to go there, 'cause Mom says it's too far away. 126 00:06:00,594 --> 00:06:03,325 But he likes it 'cause it's close to his work. 127 00:06:03,396 --> 00:06:06,195 Oh yeah, what does he do? He drives the city bus. 128 00:06:07,767 --> 00:06:09,667 Is his last name Wilder like yours? 129 00:06:09,736 --> 00:06:11,602 Uh-uh. Gruner. 130 00:06:11,671 --> 00:06:15,471 Al Gruner? No, John Gruner. 131 00:06:17,777 --> 00:06:19,211 Okay, so you're gonna open the door. 132 00:06:19,279 --> 00:06:21,304 I can't just let you in his apartment. 133 00:06:21,381 --> 00:06:22,815 Sure you can, we're authorized. 134 00:06:22,883 --> 00:06:24,783 (KEYS CLINKING) 135 00:06:34,094 --> 00:06:36,324 Hey! Come here. 136 00:06:38,365 --> 00:06:41,232 Smell this jacket. 137 00:06:41,301 --> 00:06:44,760 Yeah, what? You don't smell gasoline? 138 00:06:44,838 --> 00:06:47,364 No. And I don't like this. 139 00:06:52,312 --> 00:06:54,644 And, he has matches in his pocket. 140 00:06:54,714 --> 00:06:57,979 Well, the guy's a smoker. 141 00:07:02,889 --> 00:07:03,879 Pretty Woman? 142 00:07:04,491 --> 00:07:06,357 I didn't see a DVD player in here. 143 00:07:06,426 --> 00:07:09,225 "Wizard Video, Astoria, Queens." 144 00:07:11,765 --> 00:07:13,597 You know what I think? 145 00:07:13,667 --> 00:07:17,399 I think we should find out who John Gruner is watchin' chick flicks with. 146 00:07:20,507 --> 00:07:22,532 (KNOCKING) 147 00:07:22,609 --> 00:07:25,306 NYPD, Miss Tarantino. You mind if we come in? 148 00:07:25,378 --> 00:07:27,369 (NERVOUSLY) Well, the house is kind of a mess right now. 149 00:07:27,447 --> 00:07:30,348 (SCOFFS) Don't worry about that, we're used to that. 150 00:07:30,417 --> 00:07:31,475 What is this about? 151 00:07:31,551 --> 00:07:33,883 Well, you see, John Gruner's apartment got burglarized last night. 152 00:07:33,954 --> 00:07:36,821 We're tryin' to find him so he could secure his belongings. 153 00:07:36,890 --> 00:07:37,982 I don't know a John Gruner. 154 00:07:39,025 --> 00:07:41,357 See, I told ya, there must be some screw-up on our end. 155 00:07:41,428 --> 00:07:43,192 You mind if we come in and straighten this out? 156 00:07:43,263 --> 00:07:45,789 Can you come back a little later? (BOTTLE CLINKING) 157 00:07:45,865 --> 00:07:46,957 (SHUFFLING) 158 00:07:47,033 --> 00:07:49,502 ls someone home with you? My brother. 159 00:07:49,569 --> 00:07:50,866 Listen, why don't we cut to the chase. 160 00:07:50,937 --> 00:07:52,837 If Gruner's in here, you're harboring a fugitive. 161 00:07:52,906 --> 00:07:55,967 Now are you gonna let us look around or not? 162 00:08:07,787 --> 00:08:10,051 Police, don't move! 163 00:08:12,459 --> 00:08:15,121 Nowhere to go, Gruner. It's up to you now. 164 00:08:15,195 --> 00:08:17,892 Get down. Down! 165 00:08:17,964 --> 00:08:19,955 Cuff him. 166 00:08:23,036 --> 00:08:25,733 I wanna know what kind of a guy tries to burn his own daughter out. 167 00:08:25,805 --> 00:08:26,966 I don't know what you're talkin' about. 168 00:08:27,040 --> 00:08:29,168 I mean, I wanna understand your side of it, I really do, 169 00:08:29,242 --> 00:08:31,074 but I have to have an answer to that question! 170 00:08:31,144 --> 00:08:32,134 What if I don't? 171 00:08:36,082 --> 00:08:40,076 Detective Falco, can I have a few minutes with Mr. Gruner, please? 172 00:08:40,653 --> 00:08:42,519 You sure? 173 00:08:42,589 --> 00:08:45,320 You see, Detective Falco's in law school, 174 00:08:45,392 --> 00:08:48,885 and I don't wanna get him jammed up by anything that I might say. 175 00:08:48,962 --> 00:08:49,952 Or do. 176 00:08:52,532 --> 00:08:54,466 Y cu had your chance, Brunet. 177 00:08:56,569 --> 00:08:58,094 (DOOR OPENS AND CLOSES) 178 00:09:00,173 --> 00:09:02,801 So you and Emily Wilder were havin' problems, huh? 179 00:09:03,877 --> 00:09:04,901 Hannah told us. 180 00:09:04,978 --> 00:09:06,104 You talked to her? Oh, yeah. 181 00:09:06,179 --> 00:09:07,806 I don't like you talkin' to my daughter! 182 00:09:07,881 --> 00:09:09,713 And I don't like you tryin' to burn her alive! 183 00:09:09,783 --> 00:09:11,547 And if you mouth off to me one more time, 184 00:09:11,618 --> 00:09:13,086 I'm gonna put your head through this table! 185 00:09:13,153 --> 00:09:16,453 I love that kid! And Emily wouldn't let her anywhere near me! 186 00:09:16,523 --> 00:09:17,991 But I didn't start that fire! 187 00:09:18,191 --> 00:09:19,818 (DOOR OPENS AND CLOSES) 188 00:09:20,393 --> 00:09:25,194 Results of the spectrograph analysis of the jacket we recovered from your closet. 189 00:09:25,265 --> 00:09:26,562 Positive for gasoline. 190 00:09:26,766 --> 00:09:27,858 I work on a bus. 191 00:09:27,967 --> 00:09:31,096 Yeah, well, last time I checked, buses ran on diesel. 192 00:09:31,171 --> 00:09:33,765 So you know what we're gonna do now? We're gonna go get Hannah, 193 00:09:33,840 --> 00:09:36,639 and we're gonna bring her here, and you can explain it all to her. 194 00:09:36,709 --> 00:09:38,643 Right here in this room, just the four of us. 195 00:09:38,711 --> 00:09:39,701 You can't do that! 196 00:09:39,779 --> 00:09:41,406 Well, how 'bout it, Mr. Lawyer-man, can I do it? 197 00:09:41,481 --> 00:09:43,813 I read the case US v. Pennington. 198 00:09:43,883 --> 00:09:46,113 There you go. I'll go get her. No! 199 00:09:47,320 --> 00:09:48,788 FALCO: It's too bad. 200 00:09:48,855 --> 00:09:52,120 She'll always remember her Daddy cuffed to a table. 201 00:09:52,192 --> 00:09:55,787 Trying to explain how he torched her home and nearly killed her. 202 00:09:55,862 --> 00:09:59,662 Hannah wasn't supposed to be there! 203 00:09:59,732 --> 00:10:02,963 And you hated her mother that much? 204 00:10:03,036 --> 00:10:05,095 That you tried to burn her alive? 205 00:10:06,473 --> 00:10:08,032 Is that what you did? 206 00:10:11,144 --> 00:10:12,669 We're gonna need it all in writing, all right? 207 00:10:12,745 --> 00:10:16,306 I want every detail of how you set that fire. 208 00:10:17,484 --> 00:10:19,179 Yeah. (KNOCKING) 209 00:10:19,252 --> 00:10:22,745 M.E. wants you. I'll babysit him. 210 00:10:25,091 --> 00:10:26,889 We just now got a confession on the fire. 211 00:10:26,960 --> 00:10:29,054 Well, I hope you can still use it. 212 00:10:30,463 --> 00:10:31,555 A slug? 213 00:10:31,631 --> 00:10:32,655 Looks like a .38. 214 00:10:32,732 --> 00:10:36,760 Yeah, it dropped out when I cut off the fireman's bunker gear. 215 00:10:36,836 --> 00:10:39,066 There's a bullet hole in his pants 216 00:10:39,139 --> 00:10:41,437 and a graze wound on his left thigh. 217 00:10:42,375 --> 00:10:43,968 Somebody shot him at the fire. 218 00:10:44,043 --> 00:10:47,240 So, is it possible he didn'tjump? 219 00:10:50,483 --> 00:10:53,509 So there's no way anybody could've been up here with Grafton, right? 220 00:10:53,586 --> 00:10:56,180 Somebody would've seen him. 221 00:10:56,256 --> 00:10:58,020 Anybody in one of these buildings could've taken 222 00:10:58,091 --> 00:11:01,186 a potshot at him with a handgun. 223 00:11:02,095 --> 00:11:04,996 Take a look at this air vent. 224 00:11:05,064 --> 00:11:07,226 See, one of the shutters has a nick in it. 225 00:11:08,568 --> 00:11:12,698 Oh. Whatever made it came from the inside. 226 00:11:12,772 --> 00:11:16,504 Could you pry this housing off, please? Yeah, sure. 227 00:11:16,576 --> 00:11:18,601 (CLANKING) 228 00:11:21,414 --> 00:11:22,813 Feel around in there, would you? 229 00:11:23,183 --> 00:11:24,617 Is somethin' wrong with your hand? 230 00:11:25,385 --> 00:11:27,752 (LAUGHING) Luciano Barbera. Please. 231 00:11:28,321 --> 00:11:30,517 You're high maintenance, man. 232 00:11:35,762 --> 00:11:37,696 Hey, hey. hey- 233 00:11:39,365 --> 00:11:41,595 A .38. 234 00:11:44,270 --> 00:11:45,499 Five spent shells. 235 00:11:47,473 --> 00:11:52,240 And I'm bettin' that one of them wound up in the leg of Sean Grafton's pants. 236 00:11:54,547 --> 00:11:56,709 Ballistics says the fire made the gun go off. 237 00:11:56,783 --> 00:12:00,549 Two rounds in the cylinder exploded in the heat that was raging up the air vent, 238 00:12:00,620 --> 00:12:01,678 one of them through the barrel. 239 00:12:01,754 --> 00:12:05,384 And it matches the slug they found in Sean Grafton's bunker gear? 240 00:12:05,458 --> 00:12:07,426 Yes, ma'am. And guess what? 241 00:12:07,493 --> 00:12:10,190 There are firing pin strikes on the other three shell casings, 242 00:12:10,263 --> 00:12:11,560 the ones that didn't explode. 243 00:12:11,631 --> 00:12:14,999 Meaning that gun was fired long before someone hid it on the roof. 244 00:12:15,068 --> 00:12:18,561 Ballistics is running the gun now, see if it matches up with any old shootings. 245 00:12:18,638 --> 00:12:21,664 D.A. says he'll charge Gruner with arson and felony murder, 246 00:12:21,741 --> 00:12:23,971 which means he'll do at least 25-to-life. 247 00:12:24,043 --> 00:12:27,707 Well, how about we give this collar to the Fire Marshals? 248 00:12:27,780 --> 00:12:29,270 No problem with us. 249 00:12:29,349 --> 00:12:31,579 Here's a match on your mystery bullet. To what? 250 00:12:31,651 --> 00:12:33,380 An open homicide. 251 00:12:34,954 --> 00:12:36,513 Check it out. 252 00:12:39,892 --> 00:12:41,883 Nine years ago. on this block, 253 00:12:41,961 --> 00:12:44,828 a male black named Justin Leonard was shot three times. 254 00:12:44,897 --> 00:12:47,195 What was it about? We never really knew. 255 00:12:47,267 --> 00:12:48,928 Leonard worked part-fume at Nukes, 256 00:12:49,002 --> 00:12:50,697 someone lit him up when he was leavin' for the night. 257 00:12:51,304 --> 00:12:52,772 Nothin' like a cold case. 258 00:12:53,239 --> 00:12:55,765 All right. This is where we found the body. 259 00:12:55,842 --> 00:12:57,241 In this store entrance. 260 00:12:57,310 --> 00:12:59,335 There was a struggle at first. 261 00:12:59,412 --> 00:13:00,675 This window was shattered, 262 00:13:00,747 --> 00:13:04,581 CSU found blood in the broken glass which wasn't from the victim. 263 00:13:04,651 --> 00:13:06,551 Which means DNA's in play. 264 00:13:06,619 --> 00:13:07,780 Anybody in the store see anything? 265 00:13:08,021 --> 00:13:09,011 It was closed. 266 00:13:09,355 --> 00:13:11,915 But the manager from Kinkos said that Leonard was arguing 267 00:13:12,025 --> 00:13:13,618 with three black men when he was lockin' up. 268 00:13:14,027 --> 00:13:15,051 Arguing about what? 269 00:13:15,128 --> 00:13:16,357 She wasn't sure. 270 00:13:16,429 --> 00:13:20,059 She picked a local trouble maker out of one of the books, a Leshawn Muncie. 271 00:13:20,166 --> 00:13:22,533 My guys picked him up, but we couldn't get anything to stick. 272 00:13:24,437 --> 00:13:28,374 I got enough problems without y'all tryin' to put a body on me from nine years ago. 273 00:13:28,441 --> 00:13:31,411 Maybe we can package this up with the case you're in on now. 274 00:13:31,477 --> 00:13:32,638 Two for the price of one. 275 00:13:32,712 --> 00:13:33,770 But I didn't do no murder. 276 00:13:33,846 --> 00:13:37,180 Ah, come on, man, we have the murder weapon with your prints on it. 277 00:13:37,250 --> 00:13:38,718 Don't even try to play me like that. 278 00:13:38,818 --> 00:13:43,255 Okay, if you're not involved and you help us out, we'll put in a good word with the D.A. 279 00:13:45,591 --> 00:13:47,525 If I remember correctly, 280 00:13:47,593 --> 00:13:49,561 I went to Kinkos that night. 281 00:13:49,629 --> 00:13:50,994 What were you doing, copying your thesis? 282 00:13:51,331 --> 00:13:54,528 Nah. I was helpin' a couple of dudes make some IDs. 283 00:13:54,801 --> 00:13:56,929 It's all very fascinating, tell us more. 284 00:13:57,003 --> 00:13:59,472 The brother locked the door as we was rollin' in. 285 00:13:59,539 --> 00:14:01,371 We had a few words, but that's it. 286 00:14:02,141 --> 00:14:03,939 This is Justin Leonard. 287 00:14:07,146 --> 00:14:08,841 Yeah, that's him. That's good. 288 00:14:08,915 --> 00:14:10,110 So if you had nothin' to do with this, 289 00:14:10,183 --> 00:14:13,209 you'll give us the names and addresses of the friends that you were with that night. 290 00:14:13,286 --> 00:14:14,378 I don't think so. 291 00:14:14,454 --> 00:14:16,752 FALCO: Or a DNA swab. Hell no. 292 00:14:16,823 --> 00:14:19,758 You never know what loose ends I might have out in the world. 293 00:14:19,826 --> 00:14:22,557 You asked the white dude who was out there that night for his DNA? 294 00:14:22,628 --> 00:14:23,652 What white dude? 295 00:14:23,730 --> 00:14:26,665 Guy waitin' outside of Kinkos for his friend to get off work. 296 00:14:28,601 --> 00:14:30,000 Give us a description. 297 00:14:30,737 --> 00:14:32,865 White, 'bout 30. 298 00:14:32,939 --> 00:14:35,931 FONTANA: Oh, man. Man, it's nine years ago, man! 299 00:14:36,109 --> 00:14:37,338 If you're jerkin' us around, Leshawn, 300 00:14:37,410 --> 00:14:39,310 you haven't seen the last of us. Open up. 301 00:14:39,379 --> 00:14:42,405 Then I got nothin' to worry about! 302 00:14:44,984 --> 00:14:46,577 Justin was my only child. 303 00:14:46,652 --> 00:14:50,520 It was just me and him after my wife died, when Justin was in grade school. 304 00:14:50,590 --> 00:14:53,116 We're terribly sorry for your loss, sir. 305 00:14:53,192 --> 00:14:55,627 I'm sure Detective O'Brien asked you this nine years ago, 306 00:14:55,695 --> 00:14:58,528 but was Justin havin' problems with anyone at the time? 307 00:14:58,598 --> 00:15:00,498 Oh, no, no. He was a good boy. 308 00:15:00,566 --> 00:15:04,867 He had this way of talkin' to people, make 'em laugh, put them at ease, you know? 309 00:15:04,937 --> 00:15:06,336 We were told he was in school. 310 00:15:06,406 --> 00:15:09,000 Yeah, he was goin' to Pratt Institute, goin' for a master's degree, 311 00:15:09,075 --> 00:15:11,840 graphic arts, doin' real good, too. 312 00:15:11,911 --> 00:15:16,644 Look, the only explanation I have is no explanation at all. 313 00:15:16,716 --> 00:15:19,617 Wrong place, wrong time. 314 00:15:19,685 --> 00:15:22,746 To lose him like that almost killed me, too. 315 00:15:24,857 --> 00:15:27,952 Did he ever mention any kind of romantic problems? 316 00:15:28,027 --> 00:15:29,552 He had a nice girlfriend, uh, 317 00:15:29,629 --> 00:15:32,257 a girl he met who worked at the college, uh... 318 00:15:32,331 --> 00:15:35,392 Nancy was her name. She was at the funeral. 319 00:15:35,468 --> 00:15:38,597 They were just starting to get serious, too. 320 00:15:38,671 --> 00:15:42,335 I met Justin when he came into the Placement Office looking for a part-time job. 321 00:15:42,408 --> 00:15:44,843 The two of you hit it off? We did. 322 00:15:44,911 --> 00:15:48,142 How long were you seeing each other when... Six months. 323 00:15:49,382 --> 00:15:51,578 Are we bothering you, Miss Harvard? 324 00:15:51,651 --> 00:15:53,050 Mrs. 325 00:15:53,853 --> 00:15:57,187 It's just that, I don't know... 326 00:15:57,256 --> 00:15:59,384 That was a lifetime ago. 327 00:15:59,459 --> 00:16:01,518 I'm married now. 328 00:16:01,594 --> 00:16:04,723 Brings back a lot of hard memories. 329 00:16:04,797 --> 00:16:09,598 Well, I'm sure you'd like to see whoever killed Justin be brought tojustice. 330 00:16:11,504 --> 00:16:13,563 Yes, I would. 331 00:16:13,639 --> 00:16:15,733 I'm sorry. 332 00:16:17,543 --> 00:16:20,240 Was there anyone else in your life back then? 333 00:16:20,313 --> 00:16:23,374 Who would kill Justin? Well? 334 00:16:23,449 --> 00:16:24,644 (SCOFFS) 335 00:16:24,717 --> 00:16:27,846 No. No, not at all. 336 00:16:27,920 --> 00:16:29,319 When was this picture taken? 337 00:16:29,388 --> 00:16:33,552 About nine years ago. Not long after Justin died. 338 00:16:33,626 --> 00:16:35,822 It's in New Hampshire. My parents' 30th anniversary. 339 00:16:35,895 --> 00:16:36,919 April 13. 340 00:16:36,996 --> 00:16:39,829 And the man in the picture with you, the one with the bandage on his hand? 341 00:16:39,899 --> 00:16:41,128 That's my brother, Bruce. 342 00:16:42,935 --> 00:16:44,869 Did he live in New Hampshire back then? 343 00:16:44,937 --> 00:16:47,599 No, on the West Side, actually. 344 00:16:47,673 --> 00:16:49,368 On 49th Street? 345 00:16:50,543 --> 00:16:52,875 How did you know that? 346 00:16:56,115 --> 00:16:58,812 I met Justin once or twice. 347 00:16:58,885 --> 00:17:01,616 What a tragedy for his family. 348 00:17:01,687 --> 00:17:04,418 And it was hard on my sister. 349 00:17:04,490 --> 00:17:06,618 How did you and Justin get along? 350 00:17:06,726 --> 00:17:08,592 Like I said, I never knew him very well. 351 00:17:08,995 --> 00:17:11,464 You had a hand injury back then, Mr. Elwin. 352 00:17:11,531 --> 00:17:12,521 Did I? 353 00:17:12,598 --> 00:17:15,397 We saw it in the anniversary picture, in your sister's office. 354 00:17:15,801 --> 00:17:19,135 You're right. I had a bandage on at my parents' party. 355 00:17:19,639 --> 00:17:21,607 You know, I still have a scar from that. 356 00:17:21,674 --> 00:17:23,233 How'd you hurt yourself? 357 00:17:23,509 --> 00:17:25,307 Fell. 358 00:17:25,378 --> 00:17:26,937 Cut my hand on some broken glass. 359 00:17:27,013 --> 00:17:29,778 Did you go to a hospital and get it looked at? No, I... 360 00:17:29,849 --> 00:17:31,408 I believe I took care of it myself. 361 00:17:33,519 --> 00:17:35,385 Is there anything else I can help you with, Detectives? 362 00:17:37,757 --> 00:17:39,919 Not right now, Mr. Elwin. 363 00:17:39,992 --> 00:17:42,086 Thanks. 364 00:17:42,161 --> 00:17:44,653 You like the brother? Too many coincidences. 365 00:17:44,730 --> 00:17:47,597 The hand injury, the murder weapon in the building next to him. 366 00:17:47,733 --> 00:17:49,633 He could access the roof there? Easily. 367 00:17:49,702 --> 00:17:50,828 Perfect stash spot. 368 00:17:50,903 --> 00:17:53,167 We went back and showed Elwin's photo to the mutt 369 00:17:53,239 --> 00:17:56,436 who had an argument with the victim that night, and he was pretty sure it was Elwin who 370 00:17:56,509 --> 00:17:58,068 was standin' outside the copy place. 371 00:17:58,144 --> 00:17:59,873 But it's been too long for him to be certain. 372 00:17:59,979 --> 00:18:02,107 What about a motive? The victim was dating his sister. 373 00:18:02,214 --> 00:18:04,740 And he didn't approve because? Black guy, white girl. 374 00:18:04,817 --> 00:18:06,911 Well, bring the sister in, rattle her cage, 375 00:18:06,986 --> 00:18:09,478 see if you can get her to consent to a DNA swab. 376 00:18:09,555 --> 00:18:11,182 It could eliminate her brother. 377 00:18:11,257 --> 00:18:13,487 Or put a nail in his coffin. 378 00:18:14,093 --> 00:18:16,619 Bruce was never crazy about any of my boyfriends. 379 00:18:16,696 --> 00:18:18,164 You know how big brothers are. 380 00:18:18,230 --> 00:18:20,062 We'll take that to mean that he didn't like him. 381 00:18:20,132 --> 00:18:24,069 If you knew my brother, you would know he could never hurt anybody. 382 00:18:24,136 --> 00:18:26,264 If you're so sure he had nothin' to do with this, 383 00:18:26,339 --> 00:18:29,070 you'll have no problem giving us a DNA sample. 384 00:18:29,575 --> 00:18:31,236 I don't know. What's the problem, Nancy? 385 00:18:31,310 --> 00:18:34,302 No! Are you beginning to doubt your brother? 386 00:18:34,380 --> 00:18:38,010 It's just... Well, I think that we should talk to a lawyer about this! 387 00:18:38,651 --> 00:18:41,882 So can I go now? Yeah, sure. 388 00:18:41,954 --> 00:18:44,355 If you don't wanna cooperate, it's gonna go on our report, you know? 389 00:18:44,423 --> 00:18:45,481 I don't care. 390 00:18:45,558 --> 00:18:48,653 My brother didn't kill anybody! 391 00:18:51,430 --> 00:18:52,989 Detectives! 392 00:18:53,065 --> 00:18:55,159 This guy says his sister's up here. 393 00:18:55,234 --> 00:18:57,601 Bruce, what are you doing here? 394 00:18:59,205 --> 00:19:01,936 I killed Justin, Nancy. 395 00:19:04,644 --> 00:19:06,373 I killed Justin Leonard. 396 00:19:16,288 --> 00:19:20,987 Before agreeing to speak to us on video, Mr. Elwin, did you read, understand, 397 00:19:21,060 --> 00:19:24,928 and sign a copy of your Miranda warnings? Yes. 398 00:19:24,997 --> 00:19:28,763 You wanna waive your rights and proceed with this statement? 399 00:19:28,834 --> 00:19:30,461 Yes. 400 00:19:31,003 --> 00:19:34,997 FONTANA: Nine years ago, did you know a man named Justin Leonard? 401 00:19:35,074 --> 00:19:36,735 He was my sister's boyfriend. 402 00:19:36,809 --> 00:19:40,677 Did you see him on the night of April 17, 1996? 403 00:19:40,946 --> 00:19:43,847 Yes, on Broadway and 108th Street. 404 00:19:44,450 --> 00:19:45,611 FONTANA: Tell us what happened. 405 00:19:45,685 --> 00:19:48,347 I waited for Justin to leave work. 406 00:19:48,421 --> 00:19:51,118 When he came out, I followed him for halfa block. 407 00:19:51,190 --> 00:19:53,215 FALCO: Why? 408 00:19:53,292 --> 00:19:54,657 I had a gun in my pocket. 409 00:19:55,594 --> 00:19:57,062 To scare him. 410 00:19:57,463 --> 00:20:00,057 But he grabbed my arm and 411 00:20:00,132 --> 00:20:03,693 tried to wrestle the gun away from me. 412 00:20:03,769 --> 00:20:07,501 We broke a store window when we were struggling, 413 00:20:07,573 --> 00:20:09,769 and I cut my hand. 414 00:20:09,842 --> 00:20:12,834 Somehow I had managed to pull free. 415 00:20:15,014 --> 00:20:17,949 I stepped away, 416 00:20:19,118 --> 00:20:21,519 and I shot him. 417 00:20:21,987 --> 00:20:23,853 I shot him three times. 418 00:20:24,724 --> 00:20:25,987 What did you do then? 419 00:20:29,462 --> 00:20:32,955 I left him there on the sidewalk, and I went home. 420 00:20:34,467 --> 00:20:37,459 I hid the gun in a vent on the roof of the building next to mine. 421 00:20:38,637 --> 00:20:41,937 Were you intoxicated or using drugs the night you shot Leonard? 422 00:20:43,676 --> 00:20:45,940 No. I was stone sober. 423 00:20:46,011 --> 00:20:49,504 So, if you just wanted to scare him, 424 00:20:49,582 --> 00:20:51,380 why did you end up shooting him? 425 00:20:54,854 --> 00:20:56,686 'Cause he said 426 00:20:56,756 --> 00:20:59,748 he and Nancy were in love. 427 00:21:03,629 --> 00:21:07,623 And I didn't want my sister to marry a black man. 428 00:21:16,809 --> 00:21:19,835 "Docket number 05943. 429 00:21:19,912 --> 00:21:22,973 "People v. Bruce Elwin, murder in the second degree." 430 00:21:23,048 --> 00:21:24,607 How do you plead, Mr. Elwin? 431 00:21:24,683 --> 00:21:27,050 I'd rather not choose, Your Honor. 432 00:21:27,119 --> 00:21:29,110 Talk to your client, Mr. Clemens. 433 00:21:29,188 --> 00:21:31,350 (WHISPERING) What's the matter? I don't want to choose. 434 00:21:32,024 --> 00:21:33,458 (WHISPERING CONTINUES) 435 00:21:36,095 --> 00:21:38,564 He refuses to enter a plea. He's adamant. 436 00:21:38,631 --> 00:21:40,565 Then I'll do it for him. Not guilty. 437 00:21:40,633 --> 00:21:41,691 People on bail? 438 00:21:41,767 --> 00:21:46,762 Your Honor, the defendant freely confessed to a murder motivated by racial animus. 439 00:21:46,839 --> 00:21:48,102 We plan a hate crime enhancement. 440 00:21:48,174 --> 00:21:49,664 We're asking that Mr. Elwin be remanded. 441 00:21:50,509 --> 00:21:52,910 So I suppose you're going to tell me that he deserves some bail 442 00:21:52,978 --> 00:21:54,468 because he turned himself in? 443 00:21:54,547 --> 00:21:57,016 Actually, no. Mr. Elwin consents to remand. 444 00:21:57,883 --> 00:21:59,112 I wish they were all that easy. 445 00:21:59,185 --> 00:22:01,153 The defendant is remanded. 446 00:22:01,220 --> 00:22:02,847 Send it to a Trial Part. 447 00:22:02,922 --> 00:22:04,651 (GAVEL FALLS) 448 00:22:06,926 --> 00:22:09,054 I'm as competitive as the next guy. 449 00:22:09,128 --> 00:22:11,153 Do you think it was fun sitting on my hands at arraignment? 450 00:22:12,031 --> 00:22:15,399 So what's it about, Kevin? Look, there's no hidden agenda here. 451 00:22:15,467 --> 00:22:16,832 Elwin's genuinely remorseful. 452 00:22:16,902 --> 00:22:20,065 The first thing he said to me is he wants to throw himself on the mercy of the court 453 00:22:20,139 --> 00:22:21,265 and do his time. 454 00:22:21,473 --> 00:22:24,738 All 30 years of it? He knows the deal. 455 00:22:26,846 --> 00:22:30,305 And you're just gonna stand back and assist him in committing legal suicide. 456 00:22:30,382 --> 00:22:32,510 He's the client. 457 00:22:32,585 --> 00:22:35,282 I advise him of his options, and he makes the calls. 458 00:22:38,557 --> 00:22:40,787 If it walks like a duck, talks like a duck... 459 00:22:40,860 --> 00:22:44,490 When was the last time you had a case where the defendant surrendered, confessed, 460 00:22:44,597 --> 00:22:48,192 and, I quote, "threw himself on the mercy of the court"? Neven 461 00:22:48,267 --> 00:22:49,826 There's your duck. 462 00:22:49,902 --> 00:22:54,703 So calendar an allocution on a guilty plea. We'll see if Elwin balks. 463 00:22:57,877 --> 00:23:01,745 Your client intends to enter a plea of guilty to second degree murder, Mr. Clemens? 464 00:23:01,814 --> 00:23:02,975 That's correct, Judge. 465 00:23:03,048 --> 00:23:06,916 Does he wish to challenge the hate enhancement filed by the District Attorney? 466 00:23:07,019 --> 00:23:08,009 No. 467 00:23:08,087 --> 00:23:12,718 Mr. Elwin, do you understand that I can sentence you to 30- years-to-life on this plea? 468 00:23:12,825 --> 00:23:14,088 Yes, sir, I do. 469 00:23:15,961 --> 00:23:17,486 Very well. 470 00:23:17,863 --> 00:23:20,093 Will you take his allocution, Mr. McCoy? 471 00:23:20,165 --> 00:23:22,998 On the night of April 7, 1996, 472 00:23:23,068 --> 00:23:26,197 did you shoot Justin Leonard with the intent to kill him? 473 00:23:26,272 --> 00:23:27,262 Yes. 474 00:23:27,339 --> 00:23:29,865 Can you tell us in your own words how this happened? 475 00:23:31,810 --> 00:23:35,576 I went to the store where Justin worked. 476 00:23:35,648 --> 00:23:38,777 Then I waited outside for him. 477 00:23:38,851 --> 00:23:42,947 May I be heard, Judge? I've been retained to represent Bruce Elwin. 478 00:23:43,022 --> 00:23:46,151 You're a little late, Miss Weiss. He's just about to allocute. 479 00:23:46,225 --> 00:23:49,024 Not anymore. His guilty plea is withdrawn. 480 00:23:51,897 --> 00:23:56,801 Sorry for the histrionics, but I was retained an hour before this case was calendared. 481 00:23:56,869 --> 00:23:59,634 If you were proceeding with the guilty plea, you wouldn't be here. 482 00:23:59,705 --> 00:24:02,140 You always could read the handwriting on the wall, Jack. 483 00:24:02,207 --> 00:24:03,572 Maybe you should do the same. 484 00:24:03,642 --> 00:24:06,577 We have a rock-solid confession, and a murder weapon stashed 50 feet 485 00:24:06,645 --> 00:24:07,840 from your client's front door. 486 00:24:07,913 --> 00:24:12,282 I know you have a strong case on the evidence, but I have a strong case on the equities. 487 00:24:12,351 --> 00:24:13,580 This is a hate crime. 488 00:24:13,652 --> 00:24:17,350 For the past nine years, my client has led an exemplary life. 489 00:24:17,423 --> 00:24:19,414 Meaning he hasn't murdered any other black men? 490 00:24:19,491 --> 00:24:21,892 Meaning he shouldn't be prosecuted at all. 491 00:24:21,961 --> 00:24:24,191 He is a different person than the one who committed, 492 00:24:24,263 --> 00:24:26,960 what even he agrees, is a despicable crime. 493 00:24:27,032 --> 00:24:28,056 What's the punchline? 494 00:24:28,133 --> 00:24:29,396 I'm filing a Clayton motion 495 00:24:29,468 --> 00:24:33,234 asking that his case be dismissed in the interest of justice. 496 00:24:33,305 --> 00:24:38,903 Ever since he committed this crime, Mr. Elwin's been a born-again Christian. 497 00:24:46,785 --> 00:24:48,412 I don't see a way out of this, Jack. 498 00:24:48,487 --> 00:24:51,149 If Judge Taylor grants the Clayton motion, it's a dismissal on the merits. 499 00:24:51,223 --> 00:24:52,281 The defendant walks. 500 00:24:52,358 --> 00:24:53,792 A successful Clayton motion is 501 00:24:53,859 --> 00:24:57,124 rare enough. I don't think this one has a snowball's chance in hell. 502 00:24:57,196 --> 00:25:01,360 There are more people who believe in angels in this country than in evolution. 503 00:25:01,433 --> 00:25:03,401 I doubt if Judge Taylor is one of them. 504 00:25:03,469 --> 00:25:04,459 Then we lucked out. 505 00:25:04,536 --> 00:25:06,698 There's ajudge or three who could be sympathetic to this. 506 00:25:06,772 --> 00:25:07,762 For instance? 507 00:25:07,840 --> 00:25:11,435 Justice Scalia said our laws derive their authority from God. 508 00:25:11,510 --> 00:25:16,072 William O. Douglas wrote that we're a religious people whose institutions presuppose 509 00:25:16,148 --> 00:25:17,138 a supreme being. 510 00:25:17,216 --> 00:25:19,514 How does that translate into a free pass for murder? 511 00:25:20,185 --> 00:25:23,246 The defense is arguing that since Elwin has redeemed himself 512 00:25:23,322 --> 00:25:26,155 in the eyes of the Lord, the law should recognize that. 513 00:25:26,225 --> 00:25:29,661 It will, after he admits his responsibility! 514 00:25:29,728 --> 00:25:31,389 He tried that, Weiss pulled the plug. 515 00:25:31,463 --> 00:25:34,455 The stratagem is just an excuse for Wendy Weiss 516 00:25:34,533 --> 00:25:37,594 to put on a little guerilla theater in the courtroom. 517 00:25:37,669 --> 00:25:39,899 No better time than now, Jack. 518 00:25:39,972 --> 00:25:42,634 She's dreaming if she thinks she can cash in on that. 519 00:25:42,708 --> 00:25:44,733 Would you have ever dreamed that Congress and the President 520 00:25:44,810 --> 00:25:47,279 would intervene in the Terry Schiavo situation? 521 00:25:47,346 --> 00:25:50,338 Or that the Colorado Supreme Court would split three to two on whether 522 00:25:50,416 --> 00:25:53,317 the jury could consult the Bible on the death sentence? 523 00:25:53,385 --> 00:25:56,616 Trust me. Wendy Weiss is not a true believer. 524 00:25:56,688 --> 00:25:58,213 What does she have to lose? 525 00:25:58,290 --> 00:26:01,021 If her Clayton motion is denied, she's no worse off. 526 00:26:01,093 --> 00:26:04,119 If Judge Taylor doesn't bite, this could work as jury nullification. 527 00:26:04,530 --> 00:26:07,056 In New York City? I'll take my chances. 528 00:26:07,666 --> 00:26:10,328 Maybe it's a good thing I'm not on your jury. 529 00:26:11,203 --> 00:26:13,467 Really? I go to church, Jack. 530 00:26:13,539 --> 00:26:15,701 I believe in spiritual redemption. 531 00:26:15,774 --> 00:26:19,142 The born-again Christians that I know have had a genuine moral awakening. 532 00:26:19,211 --> 00:26:23,273 And people facing life in prison, often "awake" to find religion. 533 00:26:25,884 --> 00:26:28,785 So why don't I find out just how genuine Elwin's transformation was? 534 00:26:32,424 --> 00:26:34,290 Bruce moved in here over 10 years ago. 535 00:26:34,827 --> 00:26:39,321 He had a stereo system on this wall, a big TV, tons of video games. 536 00:26:39,398 --> 00:26:41,696 He had a real nice leather sofa set over here. 537 00:26:42,101 --> 00:26:43,626 What happened to it all? 538 00:26:43,702 --> 00:26:46,296 One day the Salvation Army truck pulled up, took it all. 539 00:26:46,371 --> 00:26:49,033 He gave away his BMW, too. When was this? 540 00:26:49,108 --> 00:26:51,770 About nine years ago, that's when he drank the Kool-Aid. 541 00:26:51,844 --> 00:26:53,209 He found religion? Yeah. 542 00:26:53,278 --> 00:26:55,645 One day I call him up, and he says he's not hangin' out anymore. 543 00:26:55,714 --> 00:26:57,739 Says he's changin' his life. Next thing I know, 544 00:26:57,816 --> 00:27:00,012 it's Jesus this and the Lord that. 545 00:27:00,085 --> 00:27:02,816 Oh man, I went to Catholic school, all right? 546 00:27:02,888 --> 00:27:04,322 So we didn't hang out anymore. 547 00:27:04,389 --> 00:27:07,984 And he quit his job, too, started to work for one of them do-gooder outfits. 548 00:27:11,096 --> 00:27:13,963 Bruce was a Senior Systems Analyst at a bank. 549 00:27:14,032 --> 00:27:16,467 He said he wanted to give notice and work here. 550 00:27:16,535 --> 00:27:19,027 Did he say why? He didn't need to. 551 00:27:19,104 --> 00:27:20,572 It was obvious he wanted to change his life 552 00:27:20,639 --> 00:27:22,471 and give something back to the community. 553 00:27:22,541 --> 00:27:24,066 How could you tell? 554 00:27:24,143 --> 00:27:25,872 There are many people like Bruce, 555 00:27:25,944 --> 00:27:29,812 people who wake up one morning and are unhappy with what they see in the mirror. 556 00:27:29,882 --> 00:27:32,544 He was making $200,000. 557 00:27:32,618 --> 00:27:36,020 I told him the Westside Family Center could only pay him eight or nine. 558 00:27:36,088 --> 00:27:38,386 And he said he'd take it on one condition. 559 00:27:38,490 --> 00:27:44,122 That I'd tithe ten percent of his salary and earmark it for one of our children's funds. 560 00:27:44,196 --> 00:27:47,655 I talked to friends, co-workers, family. 561 00:27:47,733 --> 00:27:49,428 Bruce Elwin is the real deal. 562 00:27:49,501 --> 00:27:51,560 Within weeks after he murdered Justin Leonard, 563 00:27:51,637 --> 00:27:55,301 he renounced his lifestyle and most of its worldly accoutrements. 564 00:27:55,374 --> 00:27:58,344 Means you're gonna have to oppose his motion on the merits. 565 00:27:58,410 --> 00:28:00,970 That's fine, because it has no merit. 566 00:28:01,046 --> 00:28:03,606 You may think that, but the facts indicate that Elwin spent 567 00:28:03,682 --> 00:28:06,117 the last nine years atoning for what he did. 568 00:28:06,185 --> 00:28:08,847 I don't care if he comes to court with a hair shirt and a scourge. 569 00:28:08,921 --> 00:28:11,322 Murder is murder! 570 00:28:11,390 --> 00:28:14,985 And the defense will argue that if rehabilitation is the reason that we put murderers 571 00:28:15,060 --> 00:28:19,088 in jail, Elwin's well on his way to accomplishing that on his own. 572 00:28:19,164 --> 00:28:21,997 There are other reasons for incarceration, 573 00:28:22,067 --> 00:28:24,934 deterrence, denunciation, 574 00:28:25,003 --> 00:28:28,837 and there's a catharsis for everyone in seeing the guilty punished. 575 00:28:28,941 --> 00:28:31,171 But we stopped holding executions in the town square. 576 00:28:31,243 --> 00:28:33,075 And they're not called penitentiaries anymore, 577 00:28:33,145 --> 00:28:34,579 they're correctional facilities. 578 00:28:34,646 --> 00:28:37,513 Anyone who's ever been in one knows that that's a bad joke. 579 00:28:37,583 --> 00:28:39,847 You can't dispute the fact that Elwin is doing more for 580 00:28:39,918 --> 00:28:42,979 society now, than if he spent his life in jail. 581 00:28:43,055 --> 00:28:45,752 So we'll forgive you if you kill someone, so long as you 582 00:28:45,824 --> 00:28:47,849 demonstrate you're really sorry. 583 00:28:47,960 --> 00:28:50,088 Forgiveness is a Christian ideal. 584 00:28:50,162 --> 00:28:54,463 And if you don't believe in Christ, well, then you just have to do your time? 585 00:28:54,533 --> 00:28:58,128 The logical outgrowth of this insanity. 586 00:28:58,203 --> 00:29:01,366 The defense is asking Judge Taylor to recuse himself. 587 00:29:01,440 --> 00:29:04,933 Why? He has an anti-Christian bias. 588 00:29:06,144 --> 00:29:08,738 You sent my blood pressure off the charts with this one, Ms. Weiss. 589 00:29:08,814 --> 00:29:13,149 Nothing personal, Judge, but when you consider the subject matter of our Clayton motion. 590 00:29:13,218 --> 00:29:16,119 Of course it's personal. It's blatant judge shopping, YourHonoL 591 00:29:16,188 --> 00:29:18,179 And you better convince me otherwise, Counselor. 592 00:29:18,257 --> 00:29:20,225 When you sat in Civil Term, 593 00:29:20,292 --> 00:29:24,752 you demonstrated an anti-Christian bias in several of your decisions. 594 00:29:24,830 --> 00:29:27,629 In Cohen v. Tenants Association, you ordered a creche 595 00:29:27,699 --> 00:29:29,360 removed from Gramercy Park, 596 00:29:29,434 --> 00:29:33,428 in Waverly v. Board of Ed, you prohibited funding for an after-school Bible club. 597 00:29:33,505 --> 00:29:35,803 Those decisions were mandated by the First Amendment. 598 00:29:35,874 --> 00:29:38,866 You joined in a memo forbidding the singing of carols at the 599 00:29:38,944 --> 00:29:40,173 courthouse Christmas party. 600 00:29:40,245 --> 00:29:42,942 You were supported for your re-election by the Libertarian Party 601 00:29:43,015 --> 00:29:44,039 and the ACLU. 602 00:29:44,182 --> 00:29:48,915 Do you have a list of the books Judge Taylor borrowed from the library? 603 00:29:48,987 --> 00:29:50,853 You know what, Ms. Weiss? 604 00:29:50,922 --> 00:29:53,619 As deeply offended by this as I am, 605 00:29:53,692 --> 00:29:55,558 I'm going to recuse myself. 606 00:29:55,627 --> 00:29:58,096 I can't believe you're acquiescing to this, Judge! 607 00:29:58,163 --> 00:30:00,222 I don't need you riding me, Mr. McCoy! 608 00:30:00,299 --> 00:30:02,199 If you entertain this application, 609 00:30:02,267 --> 00:30:05,498 you will only encourage more disqualification motions! 610 00:30:05,570 --> 00:30:08,039 Black defendants demanding blackjudges, 611 00:30:08,106 --> 00:30:11,235 gay defendants, seeking... I get the point. 612 00:30:11,310 --> 00:30:15,907 But I need the resolution of this matter to be bulletproof. 613 00:30:18,350 --> 00:30:20,751 To avoid the appearance of any impropriety 614 00:30:20,819 --> 00:30:22,583 or retaliation against the defendant, 615 00:30:22,654 --> 00:30:26,147 I refer this matter for a hearing in the Motion Part. 616 00:30:26,224 --> 00:30:28,283 That would be... 617 00:30:28,360 --> 00:30:29,623 Judge Proctor, 618 00:30:29,695 --> 00:30:32,756 who I'm sure is on all the right lists! 619 00:30:37,836 --> 00:30:40,737 When did Bruce Elwin join your congregation, Pastor? 620 00:30:40,806 --> 00:30:41,830 Nine years ago. 621 00:30:41,907 --> 00:30:44,672 And is he an active member of the Second Church of the Lamb? 622 00:30:44,743 --> 00:30:47,337 Oh, yes. Bruce is a regular worshipper. 623 00:30:47,412 --> 00:30:49,141 And a frequent volunteer. 624 00:30:49,214 --> 00:30:50,579 He's on our Steering Committee, 625 00:30:50,649 --> 00:30:54,142 and he works two nights a week in our Church Pantry serving meals to the indigent. 626 00:30:59,925 --> 00:31:03,691 Did Mr. Elwin ever consult you on personal matters, Pastor? 627 00:31:03,762 --> 00:31:06,129 From time to time. 628 00:31:06,198 --> 00:31:10,533 Did he ever tell you what prompted him to become a born-again Christian? 629 00:31:10,602 --> 00:31:13,230 Only in a roundabout way, Mr. McCoy. 630 00:31:13,305 --> 00:31:14,864 He talked about his faith, 631 00:31:14,940 --> 00:31:18,467 and how grateful he was to find salvation in the Lord Jesus Christ. 632 00:31:18,543 --> 00:31:23,674 He never admitted to you that he murdered Justin Leonard? 633 00:31:24,649 --> 00:31:25,639 No. 634 00:31:26,585 --> 00:31:30,852 So you didn't know that he killed him because he was an African-American? 635 00:31:32,157 --> 00:31:37,789 Even so, if Bruce now accepts the Lord Jesus Christ as his personal Savior, 636 00:31:38,530 --> 00:31:40,191 I'd still embrace him. 637 00:31:50,509 --> 00:31:52,637 Did you kill Justin Leonard? 638 00:31:52,711 --> 00:31:54,372 Yes, I did. 639 00:31:54,446 --> 00:31:59,043 Can you tell us what happened after you shot him, Bruce? 640 00:31:59,117 --> 00:32:00,846 I went back to my apartment. 641 00:32:00,919 --> 00:32:06,221 I had a bottle of bourbon, and I started drinking until I passed out. 642 00:32:06,291 --> 00:32:09,556 I woke up the next day in a pool of my own vomit. 643 00:32:09,661 --> 00:32:12,392 And then I remembered what I'd done. 644 00:32:12,464 --> 00:32:13,454 Luh... 645 00:32:13,532 --> 00:32:17,662 I went outside, and I walked to one of the piers on the Hudson River. 646 00:32:18,737 --> 00:32:20,671 Why, Bruce? 647 00:32:20,739 --> 00:32:24,676 To decide whether to throw myself into the river, 648 00:32:24,743 --> 00:32:26,973 or turn myself in. 649 00:32:27,045 --> 00:32:28,535 I sat there and 650 00:32:28,613 --> 00:32:30,945 stared at the water, 651 00:32:31,016 --> 00:32:32,643 and I decided. 652 00:32:32,717 --> 00:32:35,914 The river was my only way out. 653 00:32:35,987 --> 00:32:39,651 That's when I heard church bells off in the distance. 654 00:32:39,724 --> 00:32:41,214 I stopped. 655 00:32:41,293 --> 00:32:43,125 And I listened. 656 00:32:44,663 --> 00:32:48,156 It was Jesus calling me back from the edge of that pier. 657 00:32:48,233 --> 00:32:50,793 And at that moment, I 658 00:32:51,470 --> 00:32:54,599 turned toward Him and never looked back. 659 00:32:54,673 --> 00:32:56,334 May I ask a question? 660 00:32:56,408 --> 00:32:58,536 As you sit here today, Mr. Elwin, 661 00:32:58,610 --> 00:33:02,205 how do you feel about what you did to Justin Leonard? 662 00:33:02,747 --> 00:33:05,114 What I did and what I felt 663 00:33:05,183 --> 00:33:06,947 was evil. 664 00:33:07,352 --> 00:33:11,755 The hate that was inside me, 665 00:33:11,823 --> 00:33:14,986 that was because I kept Jesus out of my soul. 666 00:33:21,366 --> 00:33:24,961 After you had this epiphany, Mr. Elwin, 667 00:33:25,036 --> 00:33:28,199 why didn't you turn yourself in? 668 00:33:28,273 --> 00:33:31,573 I thought the police would come for me. 669 00:33:31,643 --> 00:33:33,975 I... I called in sick, 670 00:33:34,045 --> 00:33:36,776 and I just sat in my apartment, day after day. 671 00:33:36,848 --> 00:33:38,543 I prayed. 672 00:33:38,617 --> 00:33:42,349 And I waited for that knock on the door, but it never came. 673 00:33:42,420 --> 00:33:43,945 Then I realized, 674 00:33:44,022 --> 00:33:47,014 the Lord had other plans for me. 675 00:33:48,727 --> 00:33:50,718 That's when I quit my job, 676 00:33:50,795 --> 00:33:52,854 and dedicated my life to serving Christ. 677 00:33:52,931 --> 00:33:55,764 A righteous man would have admitted his crime. 678 00:33:55,834 --> 00:33:58,599 Why'd you wait nine years? 679 00:33:58,670 --> 00:34:02,664 I just put myself into Christ's hands, 680 00:34:02,741 --> 00:34:05,005 and He sends me where He sends me. 681 00:34:05,076 --> 00:34:07,408 You read the Bible? Most days. 682 00:34:07,479 --> 00:34:11,916 Do you adhere to what it teaches about murder and retribution? 683 00:34:11,983 --> 00:34:14,884 Thou shalt not kill, 684 00:34:14,953 --> 00:34:18,480 an eye for an eye. Yes, those are part of my beliefs. 685 00:34:20,125 --> 00:34:23,618 So you believe you should be punished for the sin you committed? 686 00:34:24,195 --> 00:34:26,323 That's not for me to say. 687 00:34:26,698 --> 00:34:31,761 All I can tell you is I let Jesus Christ into my heart, and asked Him for salvation. 688 00:34:31,836 --> 00:34:36,205 Did Jesus direct you to file a motion to dismiss the murder charge against you? 689 00:34:36,274 --> 00:34:39,505 I'm not some kind of nut, Mr. McCoy. 690 00:34:39,578 --> 00:34:43,071 The Calvary Hill Foundation hired Ms. Weiss to represent me. 691 00:34:43,148 --> 00:34:46,948 Once she knew all the facts, she had this idea. 692 00:34:47,018 --> 00:34:48,986 To change! 693 00:34:49,054 --> 00:34:52,217 Your plea of guilty to murder, 694 00:34:52,290 --> 00:34:53,780 into a motion, 695 00:34:53,858 --> 00:34:56,350 to excuse you from all the consequences? 696 00:34:56,428 --> 00:34:59,125 I know it doesn't sound logical to you. 697 00:35:00,765 --> 00:35:04,599 "When the Lord closes the door, he opens a window." 698 00:35:10,875 --> 00:35:14,607 God works in mysterious ways, Mr. Elwin. 699 00:35:14,679 --> 00:35:17,876 You don't need to convince me, Mr. McCoy. 700 00:35:27,993 --> 00:35:30,428 It's not easy to cross examine a true believer, Jack. 701 00:35:30,495 --> 00:35:32,156 Religion's one thing. 702 00:35:32,230 --> 00:35:35,757 But to invoke it as a mantra to avoid personal responsibility... 703 00:35:35,834 --> 00:35:38,235 Mantra or not, Judge Proctor seemed riveted. 704 00:35:38,303 --> 00:35:39,668 Excuse me. 705 00:35:39,738 --> 00:35:42,036 Is he gonna get away with killin' my son? 706 00:35:42,140 --> 00:35:44,074 Not if I can help it, sir. 707 00:35:44,142 --> 00:35:47,476 I believe in God too, Mr. McCoy. 708 00:35:47,545 --> 00:35:50,378 I try to forgive, I just don't have it in me. 709 00:35:50,448 --> 00:35:52,849 I wish there was something I could say besides I'm sorry. 710 00:35:52,917 --> 00:35:55,352 No offense, but I've been hearing "sorry" all morning. 711 00:35:55,420 --> 00:35:58,913 How about "don't do it in the first place"? 712 00:36:03,862 --> 00:36:06,490 Elwin's the last of the defense witnesses. 713 00:36:06,564 --> 00:36:09,932 I wonder why they're not calling his sister? 714 00:36:10,001 --> 00:36:12,333 She didn't give the cops a DNA sample. 715 00:36:12,404 --> 00:36:14,998 Maybe she isn't atrue believer in her brother. 716 00:36:15,073 --> 00:36:16,837 Let's hit her with a subpoena. 717 00:36:20,912 --> 00:36:24,542 Bruce and I didn't know any African-Americans growing up in New Hampshire. 718 00:36:24,616 --> 00:36:27,779 So how did he react when you started dating Justin Leonard? 719 00:36:27,852 --> 00:36:30,878 He asked how serious it was. 720 00:36:33,158 --> 00:36:35,718 I told Bruce that I was in love with him. 721 00:36:36,161 --> 00:36:38,789 How did your brother respond? 722 00:36:39,864 --> 00:36:41,491 I don't remember. 723 00:36:41,566 --> 00:36:45,525 He's admitted to killing Justin because he was black, Mrs. Harvard, 724 00:36:45,603 --> 00:36:47,230 he must have said something? 725 00:36:47,605 --> 00:36:51,701 I guess maybe he did. Well, what did he say? 726 00:36:54,779 --> 00:36:57,077 He said that... 727 00:36:58,650 --> 00:37:00,982 He said that he didn't want me to waste my life. 728 00:37:02,520 --> 00:37:04,921 Waste it how? 729 00:37:06,624 --> 00:37:08,991 Waste it how, Mrs. Harvard? 730 00:37:09,060 --> 00:37:12,121 To waste it on... 731 00:37:12,197 --> 00:37:14,632 To waste it on a black guy. 732 00:37:15,967 --> 00:37:18,459 Was that the language he used? 733 00:37:19,003 --> 00:37:21,131 No. He... 734 00:37:22,407 --> 00:37:24,535 He used another word. 735 00:37:29,314 --> 00:37:31,408 Do I have to say it? 736 00:37:33,985 --> 00:37:37,216 So after saying what he said, 737 00:37:37,288 --> 00:37:39,450 and doing what he did, 738 00:37:39,524 --> 00:37:42,687 do you honestly believe your brother is different now? 739 00:37:42,794 --> 00:37:44,660 Yes. 740 00:37:44,729 --> 00:37:46,288 Imean, I... 741 00:37:46,364 --> 00:37:48,059 I--- 742 00:37:48,133 --> 00:37:52,161 He called me from jail to say how sorry he was. 743 00:37:52,504 --> 00:37:54,472 And you accepted his apology? 744 00:37:54,539 --> 00:37:55,938 I did. 745 00:37:58,576 --> 00:38:00,772 I really want to. 746 00:38:02,947 --> 00:38:06,645 But how can you know what's in another person's heart? 747 00:38:25,236 --> 00:38:27,864 No one could argue with a straight face 748 00:38:27,939 --> 00:38:32,877 that Bruce's faith and rehabilitation aren't sincere. 749 00:38:32,944 --> 00:38:37,142 So here's the $64,000 question, Judge. 750 00:38:37,215 --> 00:38:41,675 Will the law recognize his rebirth in Jesus Christ? 751 00:38:41,753 --> 00:38:46,418 Or is it too scary to acknowledge that there's a higher moral authority than 752 00:38:46,491 --> 00:38:50,291 what's written in a lawbook somewhere? 753 00:38:50,361 --> 00:38:54,628 Bruce Elwin rendered himself unto the very power we openly 754 00:38:54,699 --> 00:38:59,830 acknowledge is the inspiration, even the source, of our legal institutions. 755 00:38:59,904 --> 00:39:04,205 God is woven into the fabric of our laws. 756 00:39:04,976 --> 00:39:08,207 Our legislative and our judicial bodies 757 00:39:08,279 --> 00:39:11,476 open their sessions with prayer. 758 00:39:11,549 --> 00:39:16,988 Witnesses who come into this courtroom are asked to swear on a Bible. 759 00:39:17,055 --> 00:39:19,251 Over your head, Judge, 760 00:39:19,324 --> 00:39:21,292 higher than the law itself, 761 00:39:21,359 --> 00:39:23,191 is a simple statement, 762 00:39:23,261 --> 00:39:26,128 "In God We Trust". 763 00:39:26,197 --> 00:39:28,291 Is that just lip service? 764 00:39:28,366 --> 00:39:31,700 Let's put our money where our mouth is. 765 00:39:31,769 --> 00:39:35,728 Look at what God's done for Bruce Elwin. 766 00:39:35,807 --> 00:39:39,243 Can the justice of men do better? 767 00:39:44,415 --> 00:39:46,941 Is Ms. Weiss serious? 768 00:39:47,018 --> 00:39:49,612 If you really, really, really turn to God, 769 00:39:49,687 --> 00:39:53,521 you can murder someone and walk away with a clean slate? 770 00:39:53,591 --> 00:39:59,030 That doesn't put Mr. Elwin in line with any higher moral authority I'm aware of. 771 00:39:59,097 --> 00:40:01,589 It places him above the law. 772 00:40:01,666 --> 00:40:03,156 We can all acknowledge 773 00:40:03,234 --> 00:40:07,137 the existence of a higher moral authority! 774 00:40:07,672 --> 00:40:09,333 We see it in action, 775 00:40:09,407 --> 00:40:10,932 when our collective conscience 776 00:40:11,009 --> 00:40:14,968 compels us to reject unjust or immoral laws! 777 00:40:15,046 --> 00:40:17,413 But while our actions may be guided by our faith, 778 00:40:17,482 --> 00:40:21,783 we deliberately don't conduct them under the guise of religion. 779 00:40:21,853 --> 00:40:27,314 Our founders left "God" out of the Constitution, not for lack of faith among them, 780 00:40:27,392 --> 00:40:28,951 but because of what they knew 781 00:40:29,027 --> 00:40:33,760 about the toxic combination of state and religious power. 782 00:40:33,831 --> 00:40:35,799 So, 783 00:40:35,867 --> 00:40:37,562 if Mr. Elwin, 784 00:40:37,635 --> 00:40:41,094 regards his prosecution for a hate murder 785 00:40:41,172 --> 00:40:43,971 as unjust or immoral, 786 00:40:44,042 --> 00:40:48,036 let him present his arguments without the cloak of religion. 787 00:40:48,780 --> 00:40:50,976 To that, the People say the defendant's 788 00:40:51,049 --> 00:40:54,451 virtuous conduct after Justin Leonard's murder 789 00:40:54,519 --> 00:40:57,580 should be a factor in his sentencing. 790 00:40:58,589 --> 00:41:00,853 But to dismiss this case outright, 791 00:41:00,925 --> 00:41:03,394 would be a miscarriage of justice that contradicts 792 00:41:03,461 --> 00:41:07,261 more than 200 years of American jurisprudence. 793 00:41:09,167 --> 00:41:11,431 If you kill someone, Mr. Elwin, 794 00:41:11,502 --> 00:41:14,437 you have to answer to the State first. 795 00:41:14,505 --> 00:41:16,735 And to Justin Leonard, 796 00:41:16,808 --> 00:41:18,606 and his family. 797 00:41:18,676 --> 00:41:22,271 And then, hopefully, some day, to your Maker. 798 00:41:31,456 --> 00:41:34,756 I commend the defendant for using his religion and remorse 799 00:41:34,826 --> 00:41:39,024 for his heinous conduct as a fulcrum to change his life. 800 00:41:39,097 --> 00:41:43,500 I believe his transformation is heartfelt and sincere. 801 00:41:44,102 --> 00:41:47,732 Nevertheless, for the reasons stated by Mr. McCoy, 802 00:41:47,805 --> 00:41:50,831 I'm denying the defendant's motion to dismiss the murder charge 803 00:41:50,908 --> 00:41:52,933 in the interests of justice. 804 00:41:53,011 --> 00:41:55,946 Let's set a trial date. (GAVEL FALLS) 805 00:42:00,184 --> 00:42:02,744 Unless the defendant wants to "put his money where his mouth is". 806 00:42:02,820 --> 00:42:04,549 No, this is going to ajury. 807 00:42:04,622 --> 00:42:06,056 Don't you wanna hear my offer? 808 00:42:06,124 --> 00:42:09,219 I know you, Jack, I know it's not gonna be anywhere in the ballpark. 809 00:42:09,293 --> 00:42:12,126 Then you know I'll do everything in my power to keep you from jamming this 810 00:42:12,196 --> 00:42:14,358 defense in through jury nullification. 811 00:42:14,432 --> 00:42:17,800 Well, you can't stop me from calling lots of character witnesses. 812 00:42:17,902 --> 00:42:19,461 Back door's as good as the front. 813 00:42:19,537 --> 00:42:21,266 No. 814 00:42:21,339 --> 00:42:22,397 No. 815 00:42:22,473 --> 00:42:25,602 This is a sign. Bruce, please. 816 00:42:25,676 --> 00:42:28,304 I murdered him, 817 00:42:28,379 --> 00:42:29,471 and I'll plead guilty. 818 00:42:29,547 --> 00:42:32,517 Do that and you'll spend the rest of your life in jail, Bruce. 819 00:42:32,583 --> 00:42:35,644 If that's what the Lord wants. 820 00:42:35,720 --> 00:42:39,850 There's only one way for me to be at peace with Jesus now. 821 00:42:44,062 --> 00:42:46,622 And it's to pay for what I've done. 822 00:43:01,179 --> 00:43:06,049 I'll, uh, I'll call the Judge, I'll let her know. 823 00:43:06,117 --> 00:43:07,710 Too bad. 824 00:43:07,785 --> 00:43:12,416 Way things are goin' in this country, I could've hung the jury. 825 00:43:12,490 --> 00:43:15,084 Next time, Wendy. 826 00:43:21,499 --> 00:43:23,593 I'm just curious, Jack. 827 00:43:23,668 --> 00:43:26,160 What were you going to offer? 828 00:43:26,237 --> 00:43:28,137 I was considering going as low as man one, 829 00:43:28,206 --> 00:43:31,005 praise the Lord. 830 00:43:31,055 --> 00:43:35,605 Repair and Synchronization by Easy Subtitles Synchronizer 1.0.0.0 67083

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