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These are the user uploaded subtitles that are being translated: 1 00:00:04,221 --> 00:00:06,222 In the criminal justice system, 2 00:00:06,223 --> 00:00:07,528 the people are represented 3 00:00:07,529 --> 00:00:10,096 by two separate, yet equally important groups: 4 00:00:10,097 --> 00:00:11,880 the police, who investigate crime, 5 00:00:11,881 --> 00:00:14,839 and the district attorneys, who prosecute the offenders. 6 00:00:14,840 --> 00:00:17,799 These are their stories. 7 00:00:17,800 --> 00:00:19,975 I wanna thank you all for coming out today 8 00:00:19,976 --> 00:00:22,978 to support Alternative Justice in New York, an organization 9 00:00:22,979 --> 00:00:26,068 working hard to find novel ways to reduce crime 10 00:00:26,069 --> 00:00:27,722 and strengthen our communities. 11 00:00:27,723 --> 00:00:30,507 Before I introduce Suzanne Forrester, 12 00:00:30,508 --> 00:00:33,684 the dynamo attorney behind this visionary nonprofit, 13 00:00:33,685 --> 00:00:36,948 I want to acknowledge Suzanne's latest report, 14 00:00:36,949 --> 00:00:40,300 which shows a rise in prison deaths. 15 00:00:40,301 --> 00:00:44,434 Incarceration shouldn't be a de facto death sentence, 16 00:00:44,435 --> 00:00:47,742 and putting felons in prison can't be the endpoint 17 00:00:47,743 --> 00:00:49,396 of our justice system. 18 00:00:49,397 --> 00:00:53,704 And now, without further ado, Suzanne Forrester. 19 00:00:53,705 --> 00:00:57,143 [applause] 20 00:00:57,144 --> 00:00:58,274 Thank you, everybody. 21 00:00:58,275 --> 00:01:00,711 Good afternoon. 22 00:01:00,712 --> 00:01:04,280 Eli here is so committed to his latest pro bono case, 23 00:01:04,281 --> 00:01:06,630 he's forgotten what it is to actually bill a client. 24 00:01:06,631 --> 00:01:08,850 I'm not gonna let some charter elementary school 25 00:01:08,851 --> 00:01:10,721 in New York City post the Ten Commandments. 26 00:01:10,722 --> 00:01:13,724 First Louisiana, now Spanish Harlem? 27 00:01:13,725 --> 00:01:15,204 It stops here. 28 00:01:15,205 --> 00:01:17,554 Thou shalt not question Eli's passion for this case. 29 00:01:17,555 --> 00:01:19,861 Religion has no place in a state-funded building. 30 00:01:19,862 --> 00:01:21,210 I agree. 31 00:01:21,211 --> 00:01:22,864 I just don't like angering zealots. 32 00:01:22,865 --> 00:01:24,213 Oh, I can handle zealots. 33 00:01:24,214 --> 00:01:26,650 Speaking of, I've got a 2:00 meeting. 34 00:01:26,651 --> 00:01:29,653 [ominous music] 35 00:01:29,654 --> 00:01:34,267 36 00:01:34,268 --> 00:01:35,572 Who's the vic? 37 00:01:35,573 --> 00:01:38,706 Eli Freeman, age 26, lives alone. 38 00:01:38,707 --> 00:01:40,534 Landlord says he's been renting for two years. 39 00:01:40,535 --> 00:01:42,362 Apparently, he's a lawyer. 40 00:01:42,363 --> 00:01:44,146 Okay. Who found him? 41 00:01:44,147 --> 00:01:45,756 I did. 42 00:01:45,757 --> 00:01:47,410 A work colleague called in a wellness check a few hours ago. 43 00:01:47,411 --> 00:01:49,586 - Cause of death? - Blunt force trauma. 44 00:01:49,587 --> 00:01:51,849 Looks like he got his forehead bashed into 45 00:01:51,850 --> 00:01:54,330 this marble kitchen counter. - Ooh. We got a time? 46 00:01:54,331 --> 00:01:56,898 Given temp and rigidity, I'd peg 47 00:01:56,899 --> 00:01:58,856 between 7:00 and 11:00 p.m. last night. 48 00:01:58,857 --> 00:02:00,249 Well, he obviously put up a fight, 49 00:02:00,250 --> 00:02:03,209 so why don't you bag his hands, huh? 50 00:02:03,210 --> 00:02:05,167 I'm seeing a phone and a wallet, 51 00:02:05,168 --> 00:02:07,822 so likely not a robbery. 52 00:02:07,823 --> 00:02:10,172 No music on, no food out. 53 00:02:10,173 --> 00:02:12,783 Doesn't look like he was entertaining. 54 00:02:12,784 --> 00:02:15,046 He is wearing a nice suit though. 55 00:02:15,047 --> 00:02:18,963 All dressed up and no place to go. 56 00:02:18,964 --> 00:02:22,184 [dramatic music] 57 00:02:22,185 --> 00:02:29,323 58 00:03:06,708 --> 00:03:09,100 Does he have any family that we can notify? 59 00:03:09,101 --> 00:03:11,451 His landlord didn't have any emergency contacts listed. 60 00:03:11,452 --> 00:03:14,758 No. Eli said he was orphaned. 61 00:03:14,759 --> 00:03:17,239 Put himself through Queens Community College, 62 00:03:17,240 --> 00:03:20,111 tutored his way through Fordham Law. 63 00:03:20,112 --> 00:03:21,852 I took him under my wing here. 64 00:03:21,853 --> 00:03:24,899 Within a year, he was the firm's MVP associate. 65 00:03:24,900 --> 00:03:27,249 And when's the last time you saw him? 66 00:03:27,250 --> 00:03:29,425 He left here around 6:00 yesterday. 67 00:03:29,426 --> 00:03:32,341 - Any idea where he was headed? - No. 68 00:03:32,342 --> 00:03:35,039 I was on a client call when he ducked out. 69 00:03:35,040 --> 00:03:36,563 Eli was very private. 70 00:03:36,564 --> 00:03:38,260 I really don't know much about him other than 71 00:03:38,261 --> 00:03:40,263 where he went to law school. 72 00:03:42,309 --> 00:03:43,745 All right, thanks. 73 00:03:45,921 --> 00:03:49,402 Fordham Law confirms the vic's photo and name. 74 00:03:49,403 --> 00:03:50,794 He has a law degree. 75 00:03:50,795 --> 00:03:52,883 Queens Community College has no record 76 00:03:52,884 --> 00:03:55,059 of Eli Freeman ever attending class. 77 00:03:55,060 --> 00:03:57,366 If you're gonna lie about where you went to school, 78 00:03:57,367 --> 00:04:00,064 Queens Community College is kind of an odd choice. 79 00:04:00,065 --> 00:04:01,805 Go big, right? Go Ivy League. 80 00:04:01,806 --> 00:04:02,893 He could have legit went there 81 00:04:02,894 --> 00:04:04,155 and changed his name. 82 00:04:04,156 --> 00:04:05,548 Well, okay, I'll follow up with Fordham 83 00:04:05,549 --> 00:04:06,897 and see if I can track down his application. 84 00:04:06,898 --> 00:04:08,899 Wow, this kid was a workhorse though. 85 00:04:08,900 --> 00:04:10,423 I mean, I found a bunch of social media pics of him, 86 00:04:10,424 --> 00:04:12,251 and he's clerking at the law library, 87 00:04:12,252 --> 00:04:14,253 late night study sessions, 88 00:04:14,254 --> 00:04:16,255 winning the moot court competition. 89 00:04:16,256 --> 00:04:17,299 I mean, as far as I can tell, 90 00:04:17,300 --> 00:04:18,474 this kid cut loose one time 91 00:04:18,475 --> 00:04:20,476 at something called the Barrister's Ball 92 00:04:20,477 --> 00:04:23,000 and took a girl named Angie Marliss, 93 00:04:23,001 --> 00:04:27,744 who is now a sustainable lingerie designer. 94 00:04:27,745 --> 00:04:29,746 What is that, like bras made from plastic bottles? 95 00:04:29,747 --> 00:04:32,183 [chuckles] You know, if I'm not mistaken, 96 00:04:32,184 --> 00:04:33,663 the vic got a text from an Angie 97 00:04:33,664 --> 00:04:35,752 the night of the murder. Yeah, here it is. 98 00:04:35,753 --> 00:04:39,843 She said, "I'm really getting tired of this nonsense." 99 00:04:39,844 --> 00:04:41,497 I'd go find Angie. 100 00:04:41,498 --> 00:04:43,586 DNA analysis from the hairs found on Eli's jacket are back. 101 00:04:43,587 --> 00:04:45,546 They're from a woman. 102 00:04:48,462 --> 00:04:51,377 So you were dating Eli? 103 00:04:51,378 --> 00:04:53,335 How long were you two involved? 104 00:04:53,336 --> 00:04:56,425 On and off, couple years. 105 00:04:56,426 --> 00:04:58,906 How well did you know his past? 106 00:04:58,907 --> 00:05:02,779 He said he was on his own, had lost his family. 107 00:05:02,780 --> 00:05:06,305 Did he ever use any aliases or a different name? 108 00:05:06,306 --> 00:05:07,915 What? No. 109 00:05:07,916 --> 00:05:09,438 When was the last time you saw Eli? 110 00:05:09,439 --> 00:05:12,615 Four, five months ago? 111 00:05:12,616 --> 00:05:16,140 And then in August, he called things off. 112 00:05:16,141 --> 00:05:17,881 He said he was gonna mail me some of my stuff back, 113 00:05:17,882 --> 00:05:19,970 and he never did. - How about that? 114 00:05:19,971 --> 00:05:21,929 You didn't speak to him since August. 115 00:05:21,930 --> 00:05:25,324 Yet two nights ago, the night he was murdered, 116 00:05:25,325 --> 00:05:27,108 you hate text him? 117 00:05:27,109 --> 00:05:29,066 He kept blowing me off. 118 00:05:29,067 --> 00:05:31,373 And then the other night, 119 00:05:31,374 --> 00:05:34,811 my friend saw him having dinner at Union Cafe with some woman. 120 00:05:34,812 --> 00:05:36,683 You mind telling us where you were 121 00:05:36,684 --> 00:05:39,686 two nights ago between the hours of 7:00 and 11:00 p.m.? 122 00:05:39,687 --> 00:05:42,036 I was hosting a private bachelorette viewing 123 00:05:42,037 --> 00:05:44,560 right here for 20 liquored-up women 124 00:05:44,561 --> 00:05:47,955 from Greenwich trying on everything in the studio. 125 00:05:47,956 --> 00:05:50,392 Our vic didn't use any dating apps, 126 00:05:50,393 --> 00:05:52,525 and we couldn't find any digital trace 127 00:05:52,526 --> 00:05:54,004 about any new girlfriend. 128 00:05:54,005 --> 00:05:56,311 We did find some calls to a burner phone, 129 00:05:56,312 --> 00:05:58,226 and we've got some techs going through those right now. 130 00:05:58,227 --> 00:05:59,749 What did the restaurant say? 131 00:05:59,750 --> 00:06:03,492 Confirmed a reservation for two at 6:30 p.m. 132 00:06:03,493 --> 00:06:05,102 They sent us video of the front door. 133 00:06:05,103 --> 00:06:06,452 He entered alone. 134 00:06:06,453 --> 00:06:08,323 Hour later, at 7:30 p.m., 135 00:06:08,324 --> 00:06:09,890 he leaves with a mystery brunette, 136 00:06:09,891 --> 00:06:13,067 and she's got a file folder that reads "Pathway Forward." 137 00:06:13,068 --> 00:06:14,460 [suspenseful music] 138 00:06:14,461 --> 00:06:16,418 You mean that halfway house in Hell's Kitchen? 139 00:06:16,419 --> 00:06:19,508 - The one and only. - Whoa, hey, guys! 140 00:06:19,509 --> 00:06:21,118 Harold from Pathway Forward 141 00:06:21,119 --> 00:06:22,903 says that the woman that I described is named Martha 142 00:06:22,904 --> 00:06:24,687 and that she volunteers there once a week. 143 00:06:24,688 --> 00:06:26,428 - Got an address? - No. 144 00:06:26,429 --> 00:06:28,299 But he said that she's a member of the Baylor Church community, 145 00:06:28,300 --> 00:06:30,519 which is upstate near Hudson. 146 00:06:30,520 --> 00:06:33,088 You gentlemen got a full tank of gas? 147 00:06:38,485 --> 00:06:41,401 [church bell ringing] 148 00:06:49,147 --> 00:06:50,713 They broke with the Mennonite Church 149 00:06:50,714 --> 00:06:53,412 about 100 years ago, 150 00:06:53,413 --> 00:06:57,503 consider themselves a utopian sect. 151 00:06:57,504 --> 00:06:59,461 I'm Pastor John. This is my son, Jacob. 152 00:06:59,462 --> 00:07:01,811 Can we help you? - Afternoon, gentlemen. 153 00:07:01,812 --> 00:07:04,205 We're detectives with the New York Police Department. 154 00:07:04,206 --> 00:07:07,122 We're looking for this woman. 155 00:07:08,602 --> 00:07:09,732 That's Martha. 156 00:07:09,733 --> 00:07:11,604 Martha Fairchild is our schoolteacher 157 00:07:11,605 --> 00:07:13,910 and my son's fiancée. 158 00:07:13,911 --> 00:07:15,346 Why is she with Elijah Penner? 159 00:07:15,347 --> 00:07:16,957 His name is Elijah Penner? 160 00:07:16,958 --> 00:07:18,567 Yes, he grew up here. 161 00:07:18,568 --> 00:07:20,961 Abandoned our church years ago. 162 00:07:20,962 --> 00:07:22,353 His parents live a few doors down. 163 00:07:22,354 --> 00:07:25,487 [suspenseful music] 164 00:07:25,488 --> 00:07:27,271 Thanks. 165 00:07:27,272 --> 00:07:29,361 All right. Thank you. 166 00:07:30,972 --> 00:07:32,799 Murder? 167 00:07:32,800 --> 00:07:34,801 I can't believe it. 168 00:07:34,802 --> 00:07:37,020 [somber music] 169 00:07:37,021 --> 00:07:40,720 I told him it was dangerous out there. 170 00:07:40,721 --> 00:07:44,245 He... he never should have left. 171 00:07:44,246 --> 00:07:46,508 But there was no talking to him. 172 00:07:46,509 --> 00:07:49,990 He wanted something different, something more. 173 00:07:49,991 --> 00:07:52,427 Please sit. 174 00:07:52,428 --> 00:07:55,299 Uh... 175 00:07:55,300 --> 00:08:00,348 when he was, um, about 17, 176 00:08:00,349 --> 00:08:03,351 he turned defiant, hated our sheltered ways. 177 00:08:03,352 --> 00:08:09,052 See, we don't use phones, email, or the Internet. 178 00:08:09,053 --> 00:08:13,492 - Because they're... - Evil? No. 179 00:08:13,493 --> 00:08:15,494 There are only a couple hundred of us, 180 00:08:15,495 --> 00:08:18,366 but we value being present for each other. 181 00:08:18,367 --> 00:08:21,021 A gadget that weakens our community bonds? 182 00:08:21,022 --> 00:08:23,154 No, thank you. 183 00:08:24,504 --> 00:08:25,591 But Eli? 184 00:08:25,592 --> 00:08:28,507 He was a curious, passionate boy. 185 00:08:28,508 --> 00:08:32,206 When the time came, he refused his baptism, 186 00:08:32,207 --> 00:08:36,036 so the church asked Eli to leave. 187 00:08:36,037 --> 00:08:39,300 We hadn't spoken to him since. 188 00:08:39,301 --> 00:08:41,215 We were forbidden. 189 00:08:41,216 --> 00:08:42,391 I'm very sorry. 190 00:08:43,871 --> 00:08:47,090 We believe that your son was with another member 191 00:08:47,091 --> 00:08:49,092 of the church on the night that he died. 192 00:08:49,093 --> 00:08:52,400 Martha Fairchild. Do you have any idea why? 193 00:08:52,401 --> 00:08:54,750 Martha told us she ran into him last year 194 00:08:54,751 --> 00:08:57,405 in the city for her volunteer work, 195 00:08:57,406 --> 00:08:59,581 said he'd changed his name, 196 00:08:59,582 --> 00:09:01,888 but she wouldn't have seen him again. 197 00:09:01,889 --> 00:09:04,891 Communication with those who leave the church, 198 00:09:04,892 --> 00:09:06,893 it's not done. 199 00:09:06,894 --> 00:09:10,723 And Martha is practically the pastor's daughter-in-law. 200 00:09:10,724 --> 00:09:16,120 If she saw him, it must have been something very urgent. 201 00:09:18,296 --> 00:09:20,907 Where can we find Martha? 202 00:09:20,908 --> 00:09:23,563 You saw Eli a few nights ago? 203 00:09:26,653 --> 00:09:29,219 I help to rehabilitate men released from prison 204 00:09:29,220 --> 00:09:31,265 living at Pathway Forward. 205 00:09:31,266 --> 00:09:33,136 When I bumped into Eli, he told me 206 00:09:33,137 --> 00:09:35,574 he'd gone to law school, so I asked him 207 00:09:35,575 --> 00:09:37,097 if he could help me with some paperwork 208 00:09:37,098 --> 00:09:38,838 for one of my parolees. 209 00:09:38,839 --> 00:09:41,231 He was helping me ever since. 210 00:09:41,232 --> 00:09:44,017 You guys had dinner Thursday, right? 211 00:09:44,018 --> 00:09:45,932 To talk about the case. 212 00:09:45,933 --> 00:09:48,761 Then Eli walked me back to Pathway Forward. 213 00:09:48,762 --> 00:09:53,504 - What time was that? - It had to have been 7:45. 214 00:09:53,505 --> 00:09:56,116 I had to turn in the parole termination petition 215 00:09:56,117 --> 00:09:57,726 and talk to the case manager. 216 00:09:57,727 --> 00:10:00,729 And Eli went home to prepare for a work meeting 217 00:10:00,730 --> 00:10:02,644 the next morning. 218 00:10:02,645 --> 00:10:04,733 By 8:00, I raced to catch the bus. 219 00:10:04,734 --> 00:10:07,215 I always meet my fiancé at a set time. 220 00:10:08,912 --> 00:10:10,652 We'll look into that. 221 00:10:10,653 --> 00:10:15,439 In the meantime, if you can think of anything else. 222 00:10:15,440 --> 00:10:18,573 I wouldn't be able to call you, Detective. 223 00:10:18,574 --> 00:10:20,924 We're not allowed to use phones here. 224 00:10:28,149 --> 00:10:29,497 I don't know. 225 00:10:29,498 --> 00:10:32,413 No Internet thing sounds kind of nice. 226 00:10:32,414 --> 00:10:34,807 No texts, no emails, no social media. 227 00:10:34,808 --> 00:10:35,808 Yeah. 228 00:10:35,809 --> 00:10:36,896 I mean, my kids would run away 229 00:10:36,897 --> 00:10:38,593 and never speak to me again, but... 230 00:10:38,594 --> 00:10:41,814 [chuckles] Yeah, I get it. 231 00:10:41,815 --> 00:10:45,339 The simple life thing seems pretty appealing 232 00:10:45,340 --> 00:10:47,472 for about a minute... 233 00:10:49,953 --> 00:10:51,868 Maybe two minutes. 234 00:10:54,741 --> 00:10:56,306 Hey. 235 00:10:56,307 --> 00:10:59,353 Pathway Forward finally got us that video. 236 00:10:59,354 --> 00:11:01,660 Let's see if Martha's story checks out. 237 00:11:01,661 --> 00:11:03,357 There she is with Eli. 238 00:11:03,358 --> 00:11:05,576 She goes inside, 239 00:11:05,577 --> 00:11:07,187 and he goes down the street. 240 00:11:07,188 --> 00:11:09,537 That guy sitting on the stoop, 241 00:11:09,538 --> 00:11:12,235 it looks like he makes sure she was inside. 242 00:11:12,236 --> 00:11:14,629 And then he... - Chases our vic. 243 00:11:14,630 --> 00:11:16,849 Yeah, and then they get into it on the street. 244 00:11:16,850 --> 00:11:18,067 Run his face. 245 00:11:18,068 --> 00:11:21,070 [keyboard clacking] 246 00:11:21,071 --> 00:11:23,725 [suspenseful music] 247 00:11:23,726 --> 00:11:26,336 Marcus Wright, did 17 in Fishkill 248 00:11:26,337 --> 00:11:28,556 for bludgeoning his girlfriend. - All right. 249 00:11:28,557 --> 00:11:31,690 Call his parole officer and find out where he is. 250 00:11:31,691 --> 00:11:33,300 Yeah. 251 00:11:33,301 --> 00:11:40,438 252 00:11:41,918 --> 00:11:43,266 Hey. 253 00:11:43,267 --> 00:11:46,313 We're looking for Marcus Wright. 254 00:11:46,314 --> 00:11:48,315 Over there. 255 00:11:48,316 --> 00:11:50,056 Stay put. 256 00:11:50,057 --> 00:11:56,497 257 00:11:56,498 --> 00:12:00,458 Marcus Wright, got a few questions for you. 258 00:12:02,678 --> 00:12:04,723 You don't need that to talk, do you? 259 00:12:04,724 --> 00:12:08,074 Hey, I'm... I'm a new man, officers. 260 00:12:08,075 --> 00:12:09,685 How can I help you? 261 00:12:14,516 --> 00:12:16,691 Eli is dead? 262 00:12:16,692 --> 00:12:19,172 You think I killed him? 263 00:12:19,173 --> 00:12:20,608 Because I'm an ex-con? 264 00:12:20,609 --> 00:12:22,915 That and we got video of you arguing with the guy 265 00:12:22,916 --> 00:12:24,307 right before he died. 266 00:12:24,308 --> 00:12:26,048 He and Martha were helping me, 267 00:12:26,049 --> 00:12:27,789 which is more than I could say for anyone in your system. 268 00:12:27,790 --> 00:12:30,487 All you guys did was lock me up and leave me to fester. 269 00:12:30,488 --> 00:12:33,490 - You killed your girl, Marcus. - Yeah, I did. 270 00:12:33,491 --> 00:12:35,492 I was a different man back then. 271 00:12:35,493 --> 00:12:37,668 Martha's church group believes in me. 272 00:12:37,669 --> 00:12:41,063 I mean, that young lady has been my lifeline. 273 00:12:41,064 --> 00:12:43,370 She gives me purpose. 274 00:12:43,371 --> 00:12:44,632 She even helped me get this lawyer. 275 00:12:44,633 --> 00:12:47,287 Why... why would I hurt him? - Great question. 276 00:12:47,288 --> 00:12:50,812 But you did chase the lawyer, and it did get heated, 277 00:12:50,813 --> 00:12:55,077 and that doesn't seem like gratitude to me, my friend. 278 00:12:55,078 --> 00:12:57,471 I was worked up. All right? 279 00:12:57,472 --> 00:12:59,560 He filed a petition without asking me 280 00:12:59,561 --> 00:13:02,302 for early termination of my parole supervision. 281 00:13:02,303 --> 00:13:03,825 The problem is, my petition could 282 00:13:03,826 --> 00:13:06,175 still be denied because the system is such a mess. 283 00:13:06,176 --> 00:13:09,918 I just wanted an explanation. - So you what? 284 00:13:09,919 --> 00:13:12,312 So I peeled off on 59th and 9th 285 00:13:12,313 --> 00:13:14,967 on my way to my evening custodial job. 286 00:13:14,968 --> 00:13:17,360 I called Martha. - At Pathway Forward? 287 00:13:17,361 --> 00:13:18,971 No, her cell phone. 288 00:13:18,972 --> 00:13:20,537 But I couldn't reach her. - Wait, hold on. 289 00:13:20,538 --> 00:13:21,887 Stop, stop, stop. 290 00:13:21,888 --> 00:13:25,673 You're telling me Martha has a cell phone? 291 00:13:25,674 --> 00:13:27,283 Yeah, I mean, her church group 292 00:13:27,284 --> 00:13:28,632 has something against it, 293 00:13:28,633 --> 00:13:30,069 but a few months back, she'd come to me 294 00:13:30,070 --> 00:13:32,811 and asked me if I could get her one. 295 00:13:32,812 --> 00:13:34,856 She said that it was important, so I got her a burner. 296 00:13:34,857 --> 00:13:39,035 297 00:13:43,170 --> 00:13:45,519 Wright's evening supervisor confirmed his alibi. 298 00:13:45,520 --> 00:13:47,434 He worked the 8:00 to midnight shift, 299 00:13:47,435 --> 00:13:49,218 so not our guy. 300 00:13:49,219 --> 00:13:51,177 The store that Wright bought Martha's burner phone at 301 00:13:51,178 --> 00:13:54,180 gave me the EIN and confirmed the number. 302 00:13:54,181 --> 00:13:56,269 Remember all those untraceable phone calls 303 00:13:56,270 --> 00:13:59,272 to the vic's phone log? 304 00:13:59,273 --> 00:14:00,621 Martha? 305 00:14:00,622 --> 00:14:03,015 All hours and late hours. 306 00:14:03,016 --> 00:14:05,800 That's a lot of talk about parolee petitions. 307 00:14:05,801 --> 00:14:08,847 [suspenseful music] 308 00:14:08,848 --> 00:14:14,896 309 00:14:14,897 --> 00:14:17,594 Martha. 310 00:14:17,595 --> 00:14:19,074 You lied to us. 311 00:14:19,075 --> 00:14:20,249 Yeah, you left out the part about the burner phone 312 00:14:20,250 --> 00:14:22,164 you used to call Eli, didn't you? 313 00:14:22,165 --> 00:14:23,513 And on our way here, we stopped by 314 00:14:23,514 --> 00:14:25,211 the county hospital, checked the records room. 315 00:14:25,212 --> 00:14:28,040 Your blood type's AB negative. - Yeah. 316 00:14:28,041 --> 00:14:30,042 And guess what blood type matches the hairs 317 00:14:30,043 --> 00:14:31,652 found on Eli's clothing 318 00:14:31,653 --> 00:14:34,133 the night of the murder and in the kitchen? 319 00:14:34,134 --> 00:14:36,570 AB negative. - I'm not feeling well. 320 00:14:36,571 --> 00:14:39,225 Did you go to Eli's house that night instead of the bus? 321 00:14:39,226 --> 00:14:42,228 Is that what happened? - I'm engaged to Jake. 322 00:14:42,229 --> 00:14:43,925 I don't spend time with other men. 323 00:14:43,926 --> 00:14:45,535 Please, people will hear you. 324 00:14:45,536 --> 00:14:47,755 Martha, if you do not come clean, 325 00:14:47,756 --> 00:14:50,627 there will be consequences. Do you understand that? 326 00:14:50,628 --> 00:14:52,586 I don't like the questions you're asking. 327 00:14:52,587 --> 00:14:56,068 I'd like you to go now. - It doesn't work that way. 328 00:14:56,069 --> 00:14:58,070 [breathing heavily] 329 00:14:58,071 --> 00:14:59,941 Martha, stop. 330 00:14:59,942 --> 00:15:02,901 [tense music] 331 00:15:02,902 --> 00:15:05,512 332 00:15:05,513 --> 00:15:08,211 We need an ambulance at the Baylor Church immediately. 333 00:15:10,170 --> 00:15:11,866 Good news is that the paramedics said 334 00:15:11,867 --> 00:15:12,998 that Martha is gonna be fine. 335 00:15:12,999 --> 00:15:15,043 Bad news... well, at least for her... 336 00:15:15,044 --> 00:15:16,958 we pulled her prints off of the soda can, 337 00:15:16,959 --> 00:15:19,047 and they are all over the apartment. 338 00:15:19,048 --> 00:15:23,660 I'm talking bathroom, nightstand, headboard. 339 00:15:23,661 --> 00:15:27,577 Okay, so maybe it started with Eli doing legal work, 340 00:15:27,578 --> 00:15:29,797 and then they got close, and then they got too close, 341 00:15:29,798 --> 00:15:33,105 and then Martha lost her good girl senses, 342 00:15:33,106 --> 00:15:35,411 but ultimately fears the wrath of God, 343 00:15:35,412 --> 00:15:37,805 so she goes to Eli's apartment to end it. 344 00:15:37,806 --> 00:15:40,808 And then he threatens to tell the church. 345 00:15:40,809 --> 00:15:43,463 I got the video back from the bus stop near the church. 346 00:15:43,464 --> 00:15:45,639 Looks like Martha's alibi holds up. 347 00:15:45,640 --> 00:15:47,423 There she is getting off the 8:00 p.m. bus. 348 00:15:47,424 --> 00:15:49,817 All right, back to square one. 349 00:15:49,818 --> 00:15:51,297 Wait a minute. Hold on now. 350 00:15:51,298 --> 00:15:53,821 Didn't Martha say that her fiancé 351 00:15:53,822 --> 00:15:55,301 picks her up at the bus stop? 352 00:15:55,302 --> 00:15:57,999 - Yeah. - Well, keep looking. 353 00:15:58,000 --> 00:15:59,566 I mean, who's she looking for? 354 00:15:59,567 --> 00:16:02,917 She's looking up and down, left and right, for somebody. 355 00:16:02,918 --> 00:16:04,919 And then she walks off alone. 356 00:16:04,920 --> 00:16:06,442 Hmm. 357 00:16:06,443 --> 00:16:09,054 Maybe Jake found out about the affair, 358 00:16:09,055 --> 00:16:10,794 went into the city on his own? 359 00:16:10,795 --> 00:16:13,710 [suspenseful music] 360 00:16:13,711 --> 00:16:15,669 Bring them both in. 361 00:16:15,670 --> 00:16:18,498 362 00:16:18,499 --> 00:16:22,719 I was raised to obey the rules. 363 00:16:22,720 --> 00:16:27,333 My parents were very strict, and I remember how hard it was 364 00:16:27,334 --> 00:16:31,338 to always have to be the good girl... 365 00:16:33,079 --> 00:16:36,343 Resist things you wanted. 366 00:16:39,085 --> 00:16:41,261 When did you fall in love with Eli? 367 00:16:44,742 --> 00:16:46,700 I mean, her fingerprints are all over that apartment. 368 00:16:46,701 --> 00:16:48,180 All over. 369 00:16:48,181 --> 00:16:49,833 Which kind of makes it seem like maybe she did it. 370 00:16:49,834 --> 00:16:51,052 - That's ridiculous. - Is it? 371 00:16:51,053 --> 00:16:52,314 Maybe you can help us out 372 00:16:52,315 --> 00:16:53,794 because we're trying to figure out exactly 373 00:16:53,795 --> 00:16:57,364 why her fingerprints would be all over his apartment. 374 00:16:58,626 --> 00:16:59,626 Unless... 375 00:16:59,627 --> 00:17:00,583 Yeah, I can think of one thing. 376 00:17:00,584 --> 00:17:01,715 Affair. 377 00:17:01,716 --> 00:17:02,933 That's exactly what I was thinking. 378 00:17:02,934 --> 00:17:04,500 This guy ditches your church. 379 00:17:04,501 --> 00:17:07,025 He steals your girl. - Stop. 380 00:17:07,026 --> 00:17:11,551 Your childhood friend was living this wildly free life. 381 00:17:11,552 --> 00:17:14,728 He took a huge risk, started over in New York City. 382 00:17:14,729 --> 00:17:16,557 I'm sure he swept you off your feet. 383 00:17:18,689 --> 00:17:20,908 I prayed. 384 00:17:20,909 --> 00:17:22,258 For what? 385 00:17:25,435 --> 00:17:31,049 To not be in love, to not feel so... 386 00:17:31,050 --> 00:17:35,227 so happy, so alive with him, but it wouldn't stop. 387 00:17:35,228 --> 00:17:36,881 And Jake found out about it. 388 00:17:38,753 --> 00:17:40,928 It's actually starting to look like you got motive. 389 00:17:40,929 --> 00:17:43,583 In the first degree. 390 00:17:43,584 --> 00:17:48,022 So Jake realized you were seeing Eli? 391 00:17:48,023 --> 00:17:49,589 No, I was careful. 392 00:17:49,590 --> 00:17:53,984 Because what you did, Martha, would make a man jealous. 393 00:17:53,985 --> 00:17:55,290 Jake's not like that. 394 00:17:55,291 --> 00:17:58,772 Even pastors' sons are human. 395 00:17:58,773 --> 00:18:00,643 He wasn't there when you got off the bus on Thursday, 396 00:18:00,644 --> 00:18:02,428 was he? 397 00:18:02,429 --> 00:18:04,430 So where were you Thursday night, Jake? 398 00:18:04,431 --> 00:18:06,475 - Home. - Really? 399 00:18:06,476 --> 00:18:09,043 'Cause you didn't pick up Martha from the bus. 400 00:18:09,044 --> 00:18:10,784 - We saw the video. - Yeah. 401 00:18:10,785 --> 00:18:13,787 So, you know, the bus stop has surveillance cameras. 402 00:18:13,788 --> 00:18:15,528 And we watched that, and it proves 403 00:18:15,529 --> 00:18:18,835 that you were a no-show, so tell us what's going on. 404 00:18:18,836 --> 00:18:21,273 I think he found out about you and Eli, 405 00:18:21,274 --> 00:18:24,014 and he went into the city. - No. 406 00:18:24,015 --> 00:18:25,669 [sobs softly] 407 00:18:28,150 --> 00:18:30,804 I was late. 408 00:18:30,805 --> 00:18:33,503 I picked her up a ways down the road. 409 00:18:37,725 --> 00:18:39,292 Okay. 410 00:18:43,557 --> 00:18:45,515 [sighs] 411 00:18:50,259 --> 00:18:52,130 [sighs] 412 00:18:52,131 --> 00:18:58,136 413 00:18:58,137 --> 00:19:00,964 She's a good kid that set a bad thing in motion. 414 00:19:00,965 --> 00:19:02,879 And she's covering for Jake out of guilt. 415 00:19:02,880 --> 00:19:05,882 I don't know if we're gonna be able to make her cave. 416 00:19:05,883 --> 00:19:08,189 These two are so sheltered, they don't even realize 417 00:19:08,190 --> 00:19:09,887 the magic of two-way glass. 418 00:19:15,937 --> 00:19:17,895 [door clicks] 419 00:19:23,074 --> 00:19:25,337 Are you okay? 420 00:19:25,338 --> 00:19:28,166 Um, I'm so sorry about all of this. 421 00:19:28,167 --> 00:19:29,384 We messed up. 422 00:19:29,385 --> 00:19:31,517 I apologize, but these things happen. 423 00:19:31,518 --> 00:19:33,823 We know that you two weren't involved, 424 00:19:33,824 --> 00:19:35,825 and you'll be free to go in a moment, 425 00:19:35,826 --> 00:19:37,566 so just sit tight. 426 00:19:37,567 --> 00:19:43,703 Oh, um, you know Marcus Wright, correct? 427 00:19:43,704 --> 00:19:46,575 Yes, I've been helping him. Why? 428 00:19:46,576 --> 00:19:49,361 Unfortunately, he followed Eli home 429 00:19:49,362 --> 00:19:52,799 on Thursday and killed him. - Marcus? 430 00:19:52,800 --> 00:19:55,062 That's not possible. He's reformed. 431 00:19:55,063 --> 00:19:56,629 Evidence is evidence. 432 00:19:56,630 --> 00:19:58,544 We're launching a manhunt as I speak. 433 00:19:58,545 --> 00:20:01,460 I just... I hope he doesn't resist because, 434 00:20:01,461 --> 00:20:04,420 you know, things get messy when they resist. 435 00:20:06,640 --> 00:20:08,597 We can't let them arrest Marcus. 436 00:20:08,598 --> 00:20:11,383 Martha, Martha, sit. Sit. 437 00:20:11,384 --> 00:20:15,300 Hey, we'll find some way to help him. 438 00:20:15,301 --> 00:20:17,781 Let's pray for guidance. 439 00:20:22,264 --> 00:20:25,005 But you know he didn't do this. 440 00:20:25,006 --> 00:20:27,486 - Martha. - You weren't at the bus stop. 441 00:20:27,487 --> 00:20:30,793 Jacob, how could you? - I found your phone. 442 00:20:30,794 --> 00:20:35,320 You betrayed me, defied our church. 443 00:20:35,321 --> 00:20:39,367 And so, yes, I went to see him. 444 00:20:39,368 --> 00:20:41,761 I told him to leave you alone. 445 00:20:41,762 --> 00:20:44,111 But Eli said that you two were in love... 446 00:20:44,112 --> 00:20:45,634 No, no. 447 00:20:45,635 --> 00:20:48,202 And that you were gonna leave me and leave the church. 448 00:20:48,203 --> 00:20:49,682 I told him that wasn't possible, 449 00:20:49,683 --> 00:20:51,901 but he said that you'd been scared, 450 00:20:51,902 --> 00:20:55,078 but you'd finally decided and made preparations, 451 00:20:55,079 --> 00:20:57,124 and I, uh... 452 00:20:57,125 --> 00:21:03,261 453 00:21:03,262 --> 00:21:07,309 [sighs] I lost my mind. 454 00:21:10,312 --> 00:21:12,401 I raised my hand against him. 455 00:21:15,404 --> 00:21:17,144 [crying] 456 00:21:17,145 --> 00:21:18,320 [door clicks] 457 00:21:19,843 --> 00:21:22,716 - Jacob Albrecht, on your feet. - What are you doing? 458 00:21:25,719 --> 00:21:27,459 Get up. 459 00:21:27,460 --> 00:21:28,938 Whoa, whoa, whoa. 460 00:21:28,939 --> 00:21:31,332 You're under arrest for the murder of Eli Freeman. 461 00:21:31,333 --> 00:21:34,814 Was it true? Were you in love with him? 462 00:21:34,815 --> 00:21:37,077 [exhales sharply] No, it... 463 00:21:37,078 --> 00:21:38,862 Come on. Move. 464 00:21:40,777 --> 00:21:42,736 [sobs] 465 00:21:46,609 --> 00:21:48,480 Calling docket ending in 1638, 466 00:21:48,481 --> 00:21:50,351 People v. Jacob Albrecht. 467 00:21:50,352 --> 00:21:52,527 Charge is murder in the second degree. 468 00:21:52,528 --> 00:21:55,313 - How does the defendant plead? - Not guilty, Your Honor. 469 00:21:55,314 --> 00:21:56,966 Your thoughts on bail, Ms. Maroun? 470 00:21:56,967 --> 00:21:58,359 The people seek remand. 471 00:21:58,360 --> 00:22:01,362 The defendant bashed in the skull of a man 472 00:22:01,363 --> 00:22:03,408 having an affair with his fiancée. 473 00:22:03,409 --> 00:22:05,540 The defendant lives outside of New York City, 474 00:22:05,541 --> 00:22:09,109 but went to great lengths to track the victim down, 475 00:22:09,110 --> 00:22:10,502 then kill him. 476 00:22:10,503 --> 00:22:12,199 Police have a recorded admission. 477 00:22:12,200 --> 00:22:14,332 They also found boots in his home 478 00:22:14,333 --> 00:22:17,204 that had glass fragments from the crime scene 479 00:22:17,205 --> 00:22:18,684 stuck to the soles. 480 00:22:18,685 --> 00:22:21,339 Your Honor, my client lives in a small, 481 00:22:21,340 --> 00:22:23,950 conservative, religious community upstate. 482 00:22:23,951 --> 00:22:26,866 He has no access to computers or telephones 483 00:22:26,867 --> 00:22:28,346 to make travel arrangements. 484 00:22:28,347 --> 00:22:32,262 He is the furthest thing from a flight risk. 485 00:22:32,263 --> 00:22:34,439 Bail is set at 500,000. 486 00:22:34,440 --> 00:22:35,440 [gavel bangs] 487 00:22:39,096 --> 00:22:42,795 Ms. Maroun, we're Eli's parents. 488 00:22:42,796 --> 00:22:44,971 Is it true Jacob confessed? 489 00:22:44,972 --> 00:22:46,799 You're sure? 490 00:22:46,800 --> 00:22:49,062 Well, we have it on video. 491 00:22:49,063 --> 00:22:51,325 I can't believe that he... 492 00:22:51,326 --> 00:22:54,502 we don't hurt other people. That's not who we are. 493 00:22:54,503 --> 00:22:57,636 We lost Eli years ago, but at least we knew 494 00:22:57,637 --> 00:22:59,420 he was living the life that he wanted. 495 00:22:59,421 --> 00:23:00,682 We never thought that he would... 496 00:23:00,683 --> 00:23:02,075 - How dare Jacob. - Amelia. 497 00:23:02,076 --> 00:23:03,381 - How dare he? - Amelia, calm down. 498 00:23:03,382 --> 00:23:05,121 And to think I saw him that night, 499 00:23:05,122 --> 00:23:07,820 Jacob at the brush pile, burning something. 500 00:23:07,821 --> 00:23:10,518 - What time? - Late. 501 00:23:10,519 --> 00:23:12,912 I was asleep, but smelled smoke and looked out. 502 00:23:12,913 --> 00:23:14,435 What was he burning? 503 00:23:14,436 --> 00:23:16,698 It looked like fabric, clothing, 504 00:23:16,699 --> 00:23:19,092 maybe a scarf, a jacket. 505 00:23:19,093 --> 00:23:22,748 It was strange, but I had no reason to think that... 506 00:23:22,749 --> 00:23:28,623 did those things have my son's blood on them? 507 00:23:28,624 --> 00:23:30,973 It's okay. You... you didn't know. 508 00:23:30,974 --> 00:23:33,628 You didn't know. 509 00:23:33,629 --> 00:23:36,370 But you can tell the jury what you saw. 510 00:23:36,371 --> 00:23:39,504 You can hold Jacob accountable. 511 00:23:39,505 --> 00:23:42,202 [tense music] 512 00:23:42,203 --> 00:23:44,987 I'm so sorry for your loss. 513 00:23:44,988 --> 00:23:48,427 We will do everything we can to get justice for your son. 514 00:23:51,604 --> 00:23:55,041 Ms. Maroun, motion to suppress the confession. 515 00:23:55,042 --> 00:24:01,482 516 00:24:01,483 --> 00:24:03,832 The defendant is a minister? 517 00:24:03,833 --> 00:24:06,487 An ordained minister in the Baylor Church. 518 00:24:06,488 --> 00:24:08,489 Yet police recorded his protected 519 00:24:08,490 --> 00:24:10,796 and privileged conversation with his parishioner. 520 00:24:10,797 --> 00:24:14,277 This conversation took place in a police interrogation room, 521 00:24:14,278 --> 00:24:17,498 and the defendant was speaking to her as her boyfriend. 522 00:24:17,499 --> 00:24:20,327 The conversation began with a parishioner seeking counsel. 523 00:24:20,328 --> 00:24:22,938 My client, her minister, guided her in prayer, 524 00:24:22,939 --> 00:24:24,462 at which point, the conversation, 525 00:24:24,463 --> 00:24:26,159 every side of it, every word of it, 526 00:24:26,160 --> 00:24:27,508 was off-limits to police. 527 00:24:27,509 --> 00:24:29,031 In Mockaitas versus Harcleroad... 528 00:24:29,032 --> 00:24:30,468 Now, that is a federal case. 529 00:24:30,469 --> 00:24:32,121 It has no bearing on this matter. 530 00:24:32,122 --> 00:24:35,647 Whether it does or doesn't, I'm excluding the admission. 531 00:24:35,648 --> 00:24:38,258 I don't want to impede free communications 532 00:24:38,259 --> 00:24:41,087 between those seeking religious counsel. 533 00:24:41,088 --> 00:24:43,177 End of story. 534 00:24:47,094 --> 00:24:48,877 Can we win without the confession? 535 00:24:48,878 --> 00:24:50,662 [sighs] It's not a slam dunk. 536 00:24:50,663 --> 00:24:53,708 We're going after a minister with a few pieces 537 00:24:53,709 --> 00:24:56,537 of suggestive forensic evidence to tie him to the crime scene. 538 00:24:56,538 --> 00:24:58,408 - Do we have fingerprints? - Nope. It was cold. 539 00:24:58,409 --> 00:25:00,236 He was probably wearing gloves. 540 00:25:00,237 --> 00:25:01,499 Can we put him near the victim's home 541 00:25:01,500 --> 00:25:03,196 at the time of the murder? 542 00:25:03,197 --> 00:25:04,676 We're trying, but like I said, 543 00:25:04,677 --> 00:25:05,981 it was a cold night. 544 00:25:05,982 --> 00:25:07,679 Everyone was wrapped up in hats and scarves, 545 00:25:07,680 --> 00:25:09,724 so we don't have any obvious video of him 546 00:25:09,725 --> 00:25:11,247 near the victim's building. 547 00:25:11,248 --> 00:25:14,337 We do have trace evidence on the defendant's shoes 548 00:25:14,338 --> 00:25:16,078 that matches the glass shards 549 00:25:16,079 --> 00:25:18,254 that were found at the crime scene. 550 00:25:18,255 --> 00:25:20,561 And we also have records of Martha's 551 00:25:20,562 --> 00:25:22,171 late night calls to the victim. 552 00:25:22,172 --> 00:25:25,174 Plus, police found her phone in Jacob's house, 553 00:25:25,175 --> 00:25:26,611 so we certainly have motive. 554 00:25:26,612 --> 00:25:28,961 And a video from the bus stop will prove 555 00:25:28,962 --> 00:25:31,180 that the defendant wasn't there to pick up Martha 556 00:25:31,181 --> 00:25:32,355 on the night of the murder. 557 00:25:32,356 --> 00:25:33,748 Right, and the victim's mother 558 00:25:33,749 --> 00:25:35,358 will testify that she saw the defendant 559 00:25:35,359 --> 00:25:37,230 burning clothing later that night. 560 00:25:37,231 --> 00:25:39,711 So our case is good, not great? 561 00:25:39,712 --> 00:25:41,930 We sure we wanna stick with murder two? 562 00:25:41,931 --> 00:25:44,454 Well, Jacob Albrecht killed an innocent man, 563 00:25:44,455 --> 00:25:47,414 I mean, someone who gave up everything to be free, 564 00:25:47,415 --> 00:25:49,155 to live the life that he wanted. 565 00:25:49,156 --> 00:25:51,592 I agree. This is murder, Nick. 566 00:25:51,593 --> 00:25:53,333 Well, the judge may have ruled 567 00:25:53,334 --> 00:25:55,422 that the recording of the confession is inadmissible, 568 00:25:55,423 --> 00:25:56,945 but since Martha's the parishioner, 569 00:25:56,946 --> 00:25:59,165 she can still speak to what Jacob told her. 570 00:25:59,166 --> 00:26:01,341 Let's persuade her to testify. 571 00:26:01,342 --> 00:26:04,300 Put the screws to her if necessary. 572 00:26:04,301 --> 00:26:07,434 No, I don't want to do that. 573 00:26:07,435 --> 00:26:11,046 Well, he killed the man that you loved, Martha. 574 00:26:11,047 --> 00:26:14,572 - That's not true. - What part? 575 00:26:14,573 --> 00:26:17,357 I love Jake, always have. 576 00:26:17,358 --> 00:26:20,621 Now, that may be true, but he killed Eli. 577 00:26:20,622 --> 00:26:23,842 Not only that, he admitted to you that he killed Eli. 578 00:26:23,843 --> 00:26:28,150 We need you to tell the jury what he told you. 579 00:26:28,151 --> 00:26:30,805 I can't send the man I love to prison. 580 00:26:30,806 --> 00:26:33,591 He's all I have. This community is all I have. 581 00:26:33,592 --> 00:26:37,507 It might be all you have right now, 582 00:26:37,508 --> 00:26:40,599 but it seems to me that you wanted something else. 583 00:26:43,079 --> 00:26:45,472 If I testify against my fiancé, 584 00:26:45,473 --> 00:26:48,214 the pastor's son, to get justice for a man 585 00:26:48,215 --> 00:26:50,477 who turned his back on this whole church, 586 00:26:50,478 --> 00:26:53,959 I'd be shunned. And then what? 587 00:26:53,960 --> 00:26:55,482 I can't drive. 588 00:26:55,483 --> 00:26:57,615 I don't know how to use a computer. 589 00:26:57,616 --> 00:26:59,573 How do I support myself? What happens to me? 590 00:26:59,574 --> 00:27:03,751 I know this is difficult, but you know, 591 00:27:03,752 --> 00:27:04,796 we can subpoena you. 592 00:27:04,797 --> 00:27:07,755 We can force you to take the stand. 593 00:27:07,756 --> 00:27:10,192 No, you all tricked me once at the police station, 594 00:27:10,193 --> 00:27:11,803 but I won't let that happen again. 595 00:27:11,804 --> 00:27:14,415 You won't get me to utter another word on this matter. 596 00:27:24,643 --> 00:27:27,775 Mrs. Penner, thank you for coming today. 597 00:27:27,776 --> 00:27:29,472 Where do you live? 598 00:27:29,473 --> 00:27:31,344 The Baylor Church compound. 599 00:27:31,345 --> 00:27:33,868 Do you know the defendant, Jacob Albrecht? 600 00:27:33,869 --> 00:27:35,609 Yes. 601 00:27:35,610 --> 00:27:39,265 Can you tell the court the night of December 5th, 602 00:27:39,266 --> 00:27:42,834 in the hours after your son was killed, here in the city, 603 00:27:42,835 --> 00:27:46,533 did you observe the defendant at the church compound? 604 00:27:46,534 --> 00:27:48,927 - Yes. - Around what time? 605 00:27:48,928 --> 00:27:50,972 It was dark, past sunset. 606 00:27:50,973 --> 00:27:54,890 And what specifically was he doing? 607 00:27:59,765 --> 00:28:03,550 Nothing specific that I recall. 608 00:28:03,551 --> 00:28:06,771 Did you see him burning anything? 609 00:28:06,772 --> 00:28:09,817 [tense music] 610 00:28:09,818 --> 00:28:14,561 611 00:28:14,562 --> 00:28:16,084 No. 612 00:28:16,085 --> 00:28:22,482 613 00:28:22,483 --> 00:28:24,658 [sighs] Didn't... 614 00:28:24,659 --> 00:28:27,574 didn't you tell the district attorney's office 615 00:28:27,575 --> 00:28:29,619 that you witnessed the defendant burning items 616 00:28:29,620 --> 00:28:31,360 that appeared to be clothing? 617 00:28:31,361 --> 00:28:34,755 - Objection, argumentative. - I'll allow. 618 00:28:34,756 --> 00:28:38,933 Answer the question, Mrs. Penner. 619 00:28:38,934 --> 00:28:40,283 I can't. 620 00:28:42,329 --> 00:28:45,505 I won't. 621 00:28:45,506 --> 00:28:49,466 I will not sit in judgment. 622 00:28:52,992 --> 00:28:54,470 And neither should you. 623 00:28:54,471 --> 00:28:59,345 624 00:28:59,346 --> 00:29:02,609 I will not participate in this trial, 625 00:29:02,610 --> 00:29:05,699 nor will anyone else from our church. 626 00:29:05,700 --> 00:29:10,835 And that is the whole truth, so help me God. 627 00:29:10,836 --> 00:29:17,668 628 00:29:30,333 --> 00:29:32,030 So the victim's mother was planning to help us? 629 00:29:32,031 --> 00:29:33,379 She was on board? 630 00:29:33,380 --> 00:29:34,859 Yes, she volunteered to tell the court 631 00:29:34,860 --> 00:29:36,164 what she saw that night. 632 00:29:36,165 --> 00:29:37,862 And we went over it all in prep... 633 00:29:37,863 --> 00:29:39,559 I mean, not even a hint of doubt. 634 00:29:39,560 --> 00:29:41,343 Which means someone got to her. 635 00:29:41,344 --> 00:29:44,477 Someone changed her mind. Makes sense, I suppose. 636 00:29:44,478 --> 00:29:47,436 These people are... they live by their own rules, 637 00:29:47,437 --> 00:29:50,265 their own customs. They're circling the wagons. 638 00:29:50,266 --> 00:29:51,397 They don't want outsiders to sit 639 00:29:51,398 --> 00:29:53,616 in judgment of their people. 640 00:29:53,617 --> 00:29:56,184 And crazy as it sounds, she's trying to protect Jacob, 641 00:29:56,185 --> 00:29:58,099 regardless of the fact that he killed her own son. 642 00:29:58,100 --> 00:29:59,274 That's not circling the wagons. 643 00:29:59,275 --> 00:30:01,059 That's obstruction of justice. 644 00:30:01,060 --> 00:30:03,278 [knocking] - Suzanne, hey. Sorry. 645 00:30:03,279 --> 00:30:05,454 I'm running a few minutes late for our lunch. 646 00:30:05,455 --> 00:30:07,717 Nolan, Sam, this is Suzanne Forrester, 647 00:30:07,718 --> 00:30:09,676 head of Alternative Justice in New York. 648 00:30:09,677 --> 00:30:11,330 We're just wrapping up. 649 00:30:11,331 --> 00:30:13,636 Well, maybe they could stick around for a few minutes. 650 00:30:13,637 --> 00:30:17,640 I know you're trying to put Jacob Albrecht behind bars, 651 00:30:17,641 --> 00:30:20,514 but I have a better idea. 652 00:30:22,603 --> 00:30:24,909 The Baylor Church would like to initiate 653 00:30:24,910 --> 00:30:26,649 a restorative justice circle. 654 00:30:26,650 --> 00:30:29,087 What exactly are you talking about? 655 00:30:29,088 --> 00:30:31,176 No trial, no verdict. 656 00:30:31,177 --> 00:30:34,483 This is a space for collective conversation, 657 00:30:34,484 --> 00:30:37,747 overseen by your office, to focus on healing. 658 00:30:37,748 --> 00:30:39,271 Whose healing? 659 00:30:39,272 --> 00:30:41,055 Well, the victim's family have no desire 660 00:30:41,056 --> 00:30:43,884 to see Jacob go to jail. - Estranged family. 661 00:30:43,885 --> 00:30:45,538 You want a trial? 662 00:30:45,539 --> 00:30:48,497 You won't get a single member from the community to testify. 663 00:30:48,498 --> 00:30:49,934 Hell, 50 people from the church 664 00:30:49,935 --> 00:30:52,937 just marched into Rikers with cash and property deeds 665 00:30:52,938 --> 00:30:54,329 to bail out Jacob. 666 00:30:54,330 --> 00:30:56,636 This community protects its own. 667 00:30:56,637 --> 00:30:58,594 Sounds more like witness tampering. 668 00:30:58,595 --> 00:31:00,640 You can issue subpoenas all day long. 669 00:31:00,641 --> 00:31:03,208 Our threats don't hold any weight with these people. 670 00:31:03,209 --> 00:31:04,862 If I may. 671 00:31:04,863 --> 00:31:06,994 For over 100 years, our church has forged 672 00:31:06,995 --> 00:31:09,388 a separate way of life. 673 00:31:09,389 --> 00:31:11,912 We trust our own way to guide us 674 00:31:11,913 --> 00:31:13,392 through this difficult time. 675 00:31:13,393 --> 00:31:15,873 This murder occurred 100 miles from your church 676 00:31:15,874 --> 00:31:17,178 in my jurisdiction. 677 00:31:17,179 --> 00:31:19,398 Jacob is repentant, and he's prepared to work 678 00:31:19,399 --> 00:31:21,966 in our community as part of that penance, 679 00:31:21,967 --> 00:31:25,578 restoring homes, assisting the infirm, 680 00:31:25,579 --> 00:31:27,493 compensating the victim's parents. 681 00:31:27,494 --> 00:31:29,887 - Well, he is your son. - We all have our roles. 682 00:31:29,888 --> 00:31:33,151 And Jacob, Jacob is our resident carpenter. 683 00:31:33,152 --> 00:31:35,109 Losing him impacts all of us. 684 00:31:35,110 --> 00:31:37,372 Why send him to prison when he can still 685 00:31:37,373 --> 00:31:40,332 do so much for our society? 686 00:31:40,333 --> 00:31:42,421 So what's actually on the table? 687 00:31:42,422 --> 00:31:45,076 He'll plead to criminally negligent homicide. 688 00:31:45,077 --> 00:31:46,860 Probation, no jail time. 689 00:31:46,861 --> 00:31:49,428 While you're at it, why not throw him a parade? 690 00:31:49,429 --> 00:31:52,039 He is a good young man who lost his way 691 00:31:52,040 --> 00:31:55,042 for five horrible minutes. 692 00:31:55,043 --> 00:31:58,219 He has asked for our forgiveness 693 00:31:58,220 --> 00:31:59,525 and God's. 694 00:31:59,526 --> 00:32:01,222 That's all well and good, 695 00:32:01,223 --> 00:32:03,746 but you don't get to forgive the perpetrator 696 00:32:03,747 --> 00:32:06,141 and give him a free pass. That's not how this works. 697 00:32:08,100 --> 00:32:09,840 This meeting is over. 698 00:32:11,973 --> 00:32:13,887 You're making a mistake. 699 00:32:13,888 --> 00:32:16,803 God isn't just window dressing for your courtrooms. 700 00:32:16,804 --> 00:32:19,111 He is the court. 701 00:32:21,113 --> 00:32:22,374 We never talked about 702 00:32:22,375 --> 00:32:24,245 restorative justice for homicide, 703 00:32:24,246 --> 00:32:25,812 and if you wanna bring a test case 704 00:32:25,813 --> 00:32:28,249 to let someone walk on murder, it's not gonna be this. 705 00:32:28,250 --> 00:32:30,773 This was a way for your office to save face, 706 00:32:30,774 --> 00:32:32,427 Nick, not a ploy. 707 00:32:32,428 --> 00:32:35,300 And given the evidence at this point, 708 00:32:35,301 --> 00:32:37,433 he's probably gonna walk anyway. 709 00:32:43,048 --> 00:32:46,486 What you have to do is get me a conviction. 710 00:32:48,531 --> 00:32:54,014 [sighs] We're grasping at straws here. 711 00:32:54,015 --> 00:32:57,931 The video from the bus stop will show that Jacob 712 00:32:57,932 --> 00:32:59,324 wasn't there to pick her up. 713 00:32:59,325 --> 00:33:00,847 It's not gonna show he was in Eli's apartment 714 00:33:00,848 --> 00:33:02,414 committing murder. 715 00:33:02,415 --> 00:33:04,111 The defense is gonna poke holes 716 00:33:04,112 --> 00:33:05,634 in the trace evidence on his boots. 717 00:33:05,635 --> 00:33:07,027 [chuckles] 718 00:33:07,028 --> 00:33:09,508 I'm not even sure we can credibly establish motive. 719 00:33:09,509 --> 00:33:12,685 And the burner calls and fingerprints in his apartment? 720 00:33:12,686 --> 00:33:14,469 Defense is gonna chalk it up to their work 721 00:33:14,470 --> 00:33:15,905 on parole petitioners. 722 00:33:15,906 --> 00:33:19,344 We need something stronger to at least show 723 00:33:19,345 --> 00:33:21,694 that Jacob had a reason to kill Eli Freeman. 724 00:33:21,695 --> 00:33:24,218 Wait, Nolan? 725 00:33:24,219 --> 00:33:26,612 I'm looking at the victim's call records. 726 00:33:26,613 --> 00:33:28,440 It looks like a week before the murder, 727 00:33:28,441 --> 00:33:31,095 he called Hedgebrook Health. 728 00:33:31,096 --> 00:33:32,879 That's a women's clinic. 729 00:33:32,880 --> 00:33:35,142 [suspenseful music] 730 00:33:35,143 --> 00:33:38,580 Well, what was the date? 731 00:33:38,581 --> 00:33:42,280 Let's see if he made a payment for an appointment. 732 00:33:42,281 --> 00:33:44,717 [sighs] Hold on. 733 00:33:44,718 --> 00:33:48,286 The same date he made the call, there's a receipt 734 00:33:48,287 --> 00:33:51,941 from a drugstore for... 735 00:33:51,942 --> 00:33:56,816 736 00:33:56,817 --> 00:33:58,687 Prenatal vitamins. 737 00:33:58,688 --> 00:34:05,521 738 00:34:06,392 --> 00:34:09,872 So we may finally have some leverage with Martha Fairchild. 739 00:34:09,873 --> 00:34:12,527 She is pregnant. 740 00:34:12,528 --> 00:34:14,399 The victim's baby? 741 00:34:14,400 --> 00:34:16,183 His Internet search history suggests he thought 742 00:34:16,184 --> 00:34:17,532 he was gonna become a father. 743 00:34:17,533 --> 00:34:20,057 This shows motive. This is good news. 744 00:34:20,058 --> 00:34:22,885 [chuckles] May I sit? 745 00:34:22,886 --> 00:34:26,063 Of course. What's on your mind? 746 00:34:26,064 --> 00:34:30,328 Um... [sighs] 747 00:34:30,329 --> 00:34:34,680 To win this, we're gonna have to play hardball 748 00:34:34,681 --> 00:34:38,510 with a woman the victim loved. 749 00:34:38,511 --> 00:34:41,513 We're gonna have to blow up the life of a woman 750 00:34:41,514 --> 00:34:43,167 who was carrying his baby. 751 00:34:43,168 --> 00:34:46,083 We're already defying the wishes of his parents, 752 00:34:46,084 --> 00:34:49,260 so... [sighs] 753 00:34:49,261 --> 00:34:51,305 I'm starting to ask myself, 754 00:34:51,306 --> 00:34:54,134 is manslaughter such a horrible option? 755 00:34:54,135 --> 00:34:56,963 I thought you were all about accountability, Nolan. 756 00:34:56,964 --> 00:34:58,443 Are you going soft? 757 00:34:58,444 --> 00:35:00,532 I got a letter a month ago from the mother 758 00:35:00,533 --> 00:35:04,057 of a college kid that I put away for seven years. 759 00:35:04,058 --> 00:35:06,886 He had gotten into a bar fight, punched a guy 760 00:35:06,887 --> 00:35:09,149 who hit his head on the floor and died. 761 00:35:09,150 --> 00:35:10,542 Those cases are tough. 762 00:35:10,543 --> 00:35:12,587 And the kid got stabbed in prison. 763 00:35:12,588 --> 00:35:16,461 He was trying to break up a fight. 764 00:35:16,462 --> 00:35:19,812 [pensive music] 765 00:35:19,813 --> 00:35:25,687 Sometimes I wonder what the right thing really is. 766 00:35:25,688 --> 00:35:27,646 I mean, we just... we just move on. 767 00:35:27,647 --> 00:35:30,431 We get a conviction. We jump into the next case. 768 00:35:30,432 --> 00:35:31,954 But these defendants, they're shuffled off 769 00:35:31,955 --> 00:35:33,086 in handcuffs. 770 00:35:33,087 --> 00:35:35,044 They're led into a tiny concrete cell. 771 00:35:35,045 --> 00:35:38,831 And I... I wonder, like, 772 00:35:38,832 --> 00:35:42,617 what is going to happen to Jacob 773 00:35:42,618 --> 00:35:46,447 if we go through with this 774 00:35:46,448 --> 00:35:48,536 and Martha. 775 00:35:48,537 --> 00:35:53,585 776 00:35:53,586 --> 00:35:55,718 The system's flawed. 777 00:35:58,112 --> 00:36:02,159 But there are rules that allow us to do our job fairly, 778 00:36:02,160 --> 00:36:04,639 to operate with integrity within a system 779 00:36:04,640 --> 00:36:09,341 that is meant to dispense equal justice to all. 780 00:36:11,517 --> 00:36:13,867 Do you really believe that? 781 00:36:15,303 --> 00:36:18,305 Most days. 782 00:36:18,306 --> 00:36:20,438 What about now? 783 00:36:20,439 --> 00:36:23,180 What about with Eli Freeman? 784 00:36:23,181 --> 00:36:26,226 Because if justice 785 00:36:26,227 --> 00:36:29,229 is about outcomes, 786 00:36:29,230 --> 00:36:32,841 who is to say whether their version will be 787 00:36:32,842 --> 00:36:36,019 any better or worse than ours? 788 00:36:38,283 --> 00:36:40,850 It is tempting to go there. 789 00:36:43,113 --> 00:36:48,770 But he left that community, became a lawyer. 790 00:36:48,771 --> 00:36:52,513 He chose to practice in our system, 791 00:36:52,514 --> 00:36:54,690 in our church. 792 00:36:58,259 --> 00:37:00,478 Let's honor that. 793 00:37:00,479 --> 00:37:06,223 794 00:37:06,224 --> 00:37:08,921 We'll talk to Martha. 795 00:37:08,922 --> 00:37:14,535 796 00:37:14,536 --> 00:37:19,366 Martha, we know you're pregnant with Eli's baby. 797 00:37:19,367 --> 00:37:25,372 It must be wonderful, scary. 798 00:37:25,373 --> 00:37:28,680 Jake and I got married. 799 00:37:28,681 --> 00:37:33,554 He's gonna raise the baby as his own, keep my secret. 800 00:37:33,555 --> 00:37:35,730 Well, we can keep your secret, too, 801 00:37:35,731 --> 00:37:39,256 if you finally tell the court what Jacob did. 802 00:37:39,257 --> 00:37:41,127 And lose my husband? 803 00:37:41,128 --> 00:37:43,999 Rob this child of its last hope for a father? 804 00:37:44,000 --> 00:37:45,087 No. 805 00:37:45,088 --> 00:37:47,394 I know what prison does to a man. 806 00:37:47,395 --> 00:37:48,874 I won't send him there. 807 00:37:48,875 --> 00:37:51,833 We can subpoena you, Martha. 808 00:37:51,834 --> 00:37:54,749 We can force you to testify. 809 00:37:54,750 --> 00:37:56,621 But you can't force me to tell the truth. 810 00:37:56,622 --> 00:37:58,623 No, we can't. 811 00:37:58,624 --> 00:38:00,929 But we can present evidence in court 812 00:38:00,930 --> 00:38:03,889 of the doctor's appointment Eli made for you 813 00:38:03,890 --> 00:38:06,674 and the prenatal vitamins he bought. 814 00:38:06,675 --> 00:38:08,937 Your family and friends will learn the truth. 815 00:38:08,938 --> 00:38:12,028 They will know that you are pregnant with Eli's baby. 816 00:38:13,813 --> 00:38:15,335 What is wrong with you people? 817 00:38:15,336 --> 00:38:17,556 - I'm sorry. - Go to hell! 818 00:38:21,951 --> 00:38:23,562 [door slams] 819 00:38:27,566 --> 00:38:29,088 Martha told me what you're doing. 820 00:38:29,089 --> 00:38:31,046 I can't believe... - Whoa, whoa, whoa, whoa, whoa. 821 00:38:31,047 --> 00:38:33,353 Why are we here? - We wanna talk about a plea. 822 00:38:33,354 --> 00:38:35,529 But you have to promise to leave Martha alone. 823 00:38:35,530 --> 00:38:38,053 They can't know it's Eli's baby. 824 00:38:38,054 --> 00:38:39,533 She's a good woman. 825 00:38:39,534 --> 00:38:43,450 She didn't mean to sleep with that man to get pregnant, 826 00:38:43,451 --> 00:38:45,931 and I didn't plan to kill him. 827 00:38:45,932 --> 00:38:48,500 Sit down and keep your mouth shut. 828 00:38:51,067 --> 00:38:52,981 What my client means to say is he's willing 829 00:38:52,982 --> 00:38:55,723 to plead guilty to murder two. 830 00:38:55,724 --> 00:38:58,726 You realize that comes with mandatory prison time? 831 00:38:58,727 --> 00:39:02,643 I'll do whatever it takes to protect Martha. 832 00:39:02,644 --> 00:39:05,167 She needs the church. 833 00:39:05,168 --> 00:39:10,347 And that baby is gonna need the church too. 834 00:39:10,348 --> 00:39:13,350 [soft suspenseful music] 835 00:39:13,351 --> 00:39:19,443 836 00:39:19,444 --> 00:39:21,880 [gavel bangs] 837 00:39:21,881 --> 00:39:24,361 Mr. Price, I understand you've reached 838 00:39:24,362 --> 00:39:25,797 an agreement on a plea. 839 00:39:25,798 --> 00:39:27,494 Yes, Your Honor. 840 00:39:27,495 --> 00:39:29,017 The defendant has agreed to plead guilty 841 00:39:29,018 --> 00:39:31,411 to murder in the second degree. 842 00:39:31,412 --> 00:39:35,807 The People recommend a prison term of 15 years. 843 00:39:35,808 --> 00:39:37,809 Mr. Albrecht, do you understand 844 00:39:37,810 --> 00:39:40,768 the terms of this deal? 845 00:39:40,769 --> 00:39:44,381 I do, Your Honor. 846 00:39:44,382 --> 00:39:46,078 I'm deeply ashamed... 847 00:39:46,079 --> 00:39:49,734 848 00:39:49,735 --> 00:39:51,736 Of my actions. 849 00:39:51,737 --> 00:39:55,043 I ask forgiveness 850 00:39:55,044 --> 00:39:57,656 of all who were harmed by my sin. 851 00:40:00,093 --> 00:40:02,835 Are you ready to take a plea? 852 00:40:07,100 --> 00:40:08,667 Yes. 853 00:40:14,760 --> 00:40:17,588 Be strong, Martha, for me. 854 00:40:17,589 --> 00:40:19,328 [handcuffs clicking] 855 00:40:19,329 --> 00:40:21,896 For our child. 856 00:40:21,897 --> 00:40:23,420 We're still gonna have a great life together, 857 00:40:23,421 --> 00:40:24,551 I promise you. 858 00:40:24,552 --> 00:40:26,248 I love you. 859 00:40:26,249 --> 00:40:33,256 860 00:40:45,094 --> 00:40:47,748 These people definitely walk the walk. 861 00:40:47,749 --> 00:40:52,536 They sure do, for better or worse. 862 00:40:52,537 --> 00:40:59,718 863 00:41:13,383 --> 00:41:16,298 [dramatic music] 864 00:41:16,299 --> 00:41:23,306 865 00:41:43,370 --> 00:41:46,286 [wolf howls] 63589

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