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NARRATOR: In the
criminal justice system
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00:00:03,129 --> 00:00:06,975
the people are represented by two
separate yet equally important groups,
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00:00:07,033 --> 00:00:08,876
the police
who investigate crime
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00:00:08,935 --> 00:00:11,745
and the district attorneys
who prosecute the offenders.
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00:00:11,805 --> 00:00:13,375
These are their stories.
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00:00:14,574 --> 00:00:16,554
Mom, I need lunch money.
7
00:00:16,643 --> 00:00:17,986
I made you a sandwich.
8
00:00:18,044 --> 00:00:19,819
But I hate peanut butter.
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00:00:19,913 --> 00:00:20,983
Since when?
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00:00:21,047 --> 00:00:22,320
Since now.
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00:00:27,219 --> 00:00:29,927
Here. Bring me
some change.
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00:00:30,956 --> 00:00:32,264
Now move.
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00:00:34,593 --> 00:00:36,095
Mom!
You're gonna be late
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00:00:36,161 --> 00:00:37,333
for school again.
15
00:00:37,396 --> 00:00:39,137
There's a guy here.
(SIGHING)
16
00:00:40,966 --> 00:00:42,309
I gotta get to work.
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00:00:42,368 --> 00:00:43,676
A white guy.
18
00:00:44,103 --> 00:00:45,810
What does he want?
19
00:00:54,680 --> 00:00:56,887
Get inside. Now.
20
00:01:00,052 --> 00:01:01,929
What time did you
get in last night?
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00:01:01,987 --> 00:01:04,557
8:00. We were in
till this morning.
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00:01:04,622 --> 00:01:06,533
Did you see or hear
anyone outside?
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00:01:06,591 --> 00:01:10,232
No. Our bedrooms are in the back.
I was asleep by 10:00.
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00:01:10,294 --> 00:01:11,637
Did you get a look at the kid?
25
00:01:11,696 --> 00:01:14,302
Yeah. And he's not
from around here.
26
00:01:14,966 --> 00:01:18,641
Okay. If you remember anything,
give me a call. Thank you.
27
00:01:18,703 --> 00:01:20,046
Turn up any witnesses?
28
00:01:20,104 --> 00:01:21,515
Nothing yet. We're
still canvassing.
29
00:01:21,572 --> 00:01:23,745
Any disturbance reports
in the area last night?
30
00:01:23,808 --> 00:01:25,549
Some domestic disputes.
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00:01:25,643 --> 00:01:28,590
And we had some locals throwing bottles
at a squad car a few blocks up.
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00:01:28,646 --> 00:01:30,125
Brought out a few units.
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00:01:30,181 --> 00:01:32,252
We found blood on the
stairs leading down here.
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00:01:32,316 --> 00:01:34,318
Maybe he was looking for help.
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00:01:34,752 --> 00:01:37,164
Blunt force trauma
to the back of his head.
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00:01:37,488 --> 00:01:38,762
No wallet.
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00:01:39,190 --> 00:01:42,034
Seventy cents and some car keys.
Toyota.
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00:01:42,126 --> 00:01:43,833
We're gonna need plate
numbers on any Toyotas
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00:01:43,895 --> 00:01:44,965
in the area.
Okay.
40
00:01:45,029 --> 00:01:47,702
Kid was smoking reefer
I smelled it on his clothes.
41
00:01:47,764 --> 00:01:49,402
ED: Maybe he
was out partying.
42
00:01:49,466 --> 00:01:51,707
Yeah. There's a drug
message for ya.
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00:01:54,538 --> 00:01:55,710
(CAMERA SNAPPING)
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00:02:43,486 --> 00:02:45,432
Kid was 16,17.
45
00:02:45,488 --> 00:02:47,331
Bled to death from a
blow to the head.
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00:02:47,389 --> 00:02:48,629
From what?
M.E. says
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00:02:48,691 --> 00:02:50,432
probably a curb or a step.
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00:02:50,526 --> 00:02:53,063
His shoulder was dislocated
and he had defensive injuries
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00:02:53,129 --> 00:02:54,506
on his hands and forearms.
50
00:02:54,597 --> 00:02:55,735
Kid was outmatched.
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00:02:55,798 --> 00:02:57,402
Time of death,
11:00 to midnight.
52
00:02:57,466 --> 00:02:59,173
Did they run a tox screen?
53
00:02:59,235 --> 00:03:01,613
Yeah, it came up a strong
positive for marijuana.
54
00:03:01,670 --> 00:03:03,149
We ran his prints. No hit.
55
00:03:03,205 --> 00:03:04,809
Nothing at missing
persons either.
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00:03:04,874 --> 00:03:06,217
We've got LaMotte
calling all boroughs
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00:03:06,275 --> 00:03:07,720
to see if there were
any calls last night.
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00:03:07,777 --> 00:03:09,450
Did you get a read
on his clothes?
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00:03:09,512 --> 00:03:13,186
Gap polo shirt. Banana Republic sweater.
Suede jacket.
60
00:03:13,381 --> 00:03:16,260
Clean-cut white kid up in
Harlem, scoring reefer.
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00:03:16,317 --> 00:03:19,161
Visiting friends, going to a
poetry slam at the sugar shack.
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00:03:19,254 --> 00:03:22,258
Whatever. He was in over his
head in the wrong place.
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00:03:22,323 --> 00:03:25,566
Call went to the 36 after midnight.
Michael Tobin.
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00:03:25,627 --> 00:03:28,107
Seventeen-year-old
boy didn't come home.
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00:03:31,199 --> 00:03:34,646
Michael went to move the car.
Alternate side parking.
66
00:03:35,436 --> 00:03:38,315
I usually do it, but he
just got his license.
67
00:03:38,373 --> 00:03:39,716
What time did he leave?
68
00:03:39,774 --> 00:03:41,253
(SIGHING) 10:30.
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00:03:41,576 --> 00:03:44,284
After an hour, I got worried
and went out to look for him.
70
00:03:44,345 --> 00:03:46,825
I found the car parked a couple of
blocks up from where I'd left it.
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00:03:46,881 --> 00:03:49,054
Michael left his wallet and
cell phone in his room.
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00:03:49,117 --> 00:03:50,858
You can have 'em if they'll
help you find him.
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00:03:50,919 --> 00:03:52,455
Well, actually, uh...
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00:03:53,188 --> 00:03:56,794
A young man was killed
in Harlem last night.
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00:04:02,062 --> 00:04:03,370
Oh, God.
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00:04:04,498 --> 00:04:05,943
It's Michael.
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00:04:06,266 --> 00:04:08,610
(SOBBING)
Oh, no! Where is he?
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00:04:10,003 --> 00:04:12,074
BRISCOE: He's down
at the morgue.
79
00:04:13,774 --> 00:04:15,811
Harlem? What was he
doing in Harlem?
80
00:04:15,876 --> 00:04:18,186
We were hoping
you could tell us.
81
00:04:18,245 --> 00:04:19,656
Did he know
anyone in that area?
82
00:04:19,713 --> 00:04:22,319
He wouldn't go there.
It's dangerous.
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00:04:22,382 --> 00:04:23,759
(ANNETTE CRYING LOUDLY)
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00:04:23,817 --> 00:04:26,991
The medical examiner found
marijuana in his system.
85
00:04:27,254 --> 00:04:29,598
Michael went to a
party last weekend.
86
00:04:29,656 --> 00:04:32,865
He said we smoked when we
were kids, why couldn't he?
87
00:04:35,529 --> 00:04:38,100
It's from this morning.
Parked near a hydrant.
88
00:04:38,498 --> 00:04:40,204
I didn't think to move it.
89
00:04:40,266 --> 00:04:42,337
Have you got
an extra set of keys?
90
00:04:44,003 --> 00:04:45,243
Thanks.
91
00:04:45,371 --> 00:04:46,645
(BEEPING)
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00:04:50,042 --> 00:04:51,612
No sign of a struggle.
93
00:04:51,677 --> 00:04:53,418
Listen, secure the area
94
00:04:53,479 --> 00:04:55,652
and get CSU over here.
Right away.
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00:04:55,715 --> 00:04:57,717
Mr. Tobin, we're gonna
have to impound the car.
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00:04:57,783 --> 00:04:59,763
We need to go over
it for evidence.
97
00:04:59,819 --> 00:05:02,595
Take it. I'd like
to get back to my wife.
98
00:05:02,655 --> 00:05:04,191
Sure. Go ahead.
99
00:05:05,892 --> 00:05:07,599
I don't remember
seeing him last night.
100
00:05:07,693 --> 00:05:09,866
What about a black
Toyota 4Runner?
101
00:05:09,929 --> 00:05:11,840
No. Where'd he live?
102
00:05:11,964 --> 00:05:13,466
656 West End.
103
00:05:13,532 --> 00:05:16,376
Last time anybody saw him he was
leaving his building around 10.30.
104
00:05:16,469 --> 00:05:19,382
We saw two male blacks hanging
out on that block around then.
105
00:05:19,438 --> 00:05:21,611
We circled a few times, let
'em know we were on 'em.
106
00:05:21,674 --> 00:05:22,845
ED: What do you mean,
"hanging out"?
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00:05:22,908 --> 00:05:24,182
You know, standing around.
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00:05:24,242 --> 00:05:25,812
What'd they look like?
109
00:05:25,877 --> 00:05:29,848
Average height. Late teens, early 20s.
Dark clothes.
110
00:05:30,148 --> 00:05:31,422
That the best you can do?
111
00:05:31,483 --> 00:05:35,329
Yeah. Hey, we don't make detailed
notes on every Tom, Dick and Harry.
112
00:05:35,420 --> 00:05:36,990
They weren't bothering anybody.
113
00:05:37,055 --> 00:05:39,035
Then why'd you
notice them at all?
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00:05:39,357 --> 00:05:40,893
'Cause we get paid to.
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00:05:40,959 --> 00:05:42,438
(DISTANT SIRENS)
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00:05:42,894 --> 00:05:44,305
We got roll call.
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00:05:44,362 --> 00:05:45,705
BRISCOE: Thanks.
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00:05:45,897 --> 00:05:48,434
Two kids hanging around
Tobin's building at 10:30.
119
00:05:48,500 --> 00:05:51,242
Yeah. Waiting for the
calculus assignment.
120
00:05:51,303 --> 00:05:53,305
Doesn't sound like
anybody at school.
121
00:05:53,405 --> 00:05:56,011
And Michael would've told me if he
was hanging out with guys like that.
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00:05:56,074 --> 00:05:57,212
Guys like what?
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00:05:57,275 --> 00:05:59,949
You know, the brothers. I
don't mean any disrespect.
124
00:06:00,011 --> 00:06:02,491
None taken. Where'd he get
the stuff he was smoking?
125
00:06:04,582 --> 00:06:06,561
Do you want to help us or not?
126
00:06:06,617 --> 00:06:08,028
What's that got
to do with anything?
127
00:06:08,085 --> 00:06:10,065
Maybe the guys outside
were his connection.
128
00:06:10,120 --> 00:06:11,827
I don't think so.
Why not?
129
00:06:12,890 --> 00:06:15,962
Look, Brad, we're not looking
to make a drug bust.
130
00:06:16,026 --> 00:06:17,664
Nobody will get in trouble?
131
00:06:17,728 --> 00:06:19,867
ED: Why, you
his connection?
132
00:06:19,930 --> 00:06:21,409
Well, yeah.
133
00:06:22,232 --> 00:06:23,609
(SCHOOL BELL RINGING)
134
00:06:23,667 --> 00:06:25,340
Can you think of anyone
who'd want to hurt him?
135
00:06:26,537 --> 00:06:28,710
It didn't have
to be anyone he knew.
136
00:06:28,772 --> 00:06:31,753
Mike had a knack
for pissing people off.
137
00:06:31,809 --> 00:06:33,846
He never knew
when to back down.
138
00:06:33,911 --> 00:06:35,356
He know anybody in Harlem?
139
00:06:35,846 --> 00:06:38,383
There's this girl
at our school. Allie.
140
00:06:41,685 --> 00:06:43,687
ALLIE: Michael and I
were lab partners.
141
00:06:43,988 --> 00:06:46,491
BRISCOE: Was he coming
to see you last night?
142
00:06:47,458 --> 00:06:49,232
I... I don't know.
143
00:06:49,959 --> 00:06:52,200
"I don't know," is not going
to help the detectives, Allie.
144
00:06:52,395 --> 00:06:54,306
The boy was killed
four blocks away.
145
00:06:54,364 --> 00:06:55,741
Had he been here before?
146
00:06:58,468 --> 00:06:59,572
No.
147
00:07:00,570 --> 00:07:01,776
Uh... (CLEARING THROAT)
Mr. Johnson,
148
00:07:01,838 --> 00:07:04,148
if it's not too much trouble,
could I get a glass of water?
149
00:07:04,807 --> 00:07:05,979
Sure.
150
00:07:15,551 --> 00:07:17,792
So, you and Michael
were good friends?
151
00:07:19,422 --> 00:07:20,628
Uh-huh.
152
00:07:21,557 --> 00:07:23,002
Was he your boyfriend?
153
00:07:27,196 --> 00:07:28,869
I never told my father
about my girlfriends.
154
00:07:28,931 --> 00:07:30,569
I always thought it was
none of his business.
155
00:07:30,632 --> 00:07:33,169
If that's the way you want
it, we can respect that.
156
00:07:36,371 --> 00:07:38,578
He came here a couple of times
157
00:07:39,041 --> 00:07:40,486
when my father wasn't home.
158
00:07:40,976 --> 00:07:42,751
Was he coming to see
you last night?
159
00:07:42,811 --> 00:07:44,552
No. Really.
160
00:07:45,013 --> 00:07:46,356
(DOOR OPENING)
161
00:07:47,883 --> 00:07:49,863
When was the last time
you spoke to Michael?
162
00:07:49,918 --> 00:07:52,728
ALLIE: (CLEARING THROAT)
In school yesterday.
163
00:07:52,788 --> 00:07:54,233
ED: Phone calls?
164
00:07:54,289 --> 00:07:55,393
ALLIE: No.
165
00:07:55,457 --> 00:07:57,494
I think he might've
called here.
166
00:07:57,559 --> 00:07:59,095
ED: What makes
you say that?
167
00:07:59,194 --> 00:08:02,175
I was on the phone with my sister in
Baltimore when a call beeped through.
168
00:08:02,230 --> 00:08:04,574
At first I thought
it was for Allie's brother.
169
00:08:04,633 --> 00:08:06,613
But the boy asked for Allie.
170
00:08:06,668 --> 00:08:08,705
He said he was
a friend from school.
171
00:08:08,770 --> 00:08:10,215
What time was this?
172
00:08:10,272 --> 00:08:11,580
A little after 11:00.
173
00:08:11,740 --> 00:08:15,050
I think he was calling from out on the street.
I heard a bus going by.
174
00:08:15,109 --> 00:08:17,453
I asked him to call
back in 15 minutes.
175
00:08:17,511 --> 00:08:18,649
Did he?
176
00:08:22,416 --> 00:08:25,420
If he was going to visit his girlfriend,
I don't think she knew he was coming.
177
00:08:25,486 --> 00:08:27,466
So, any theories
on how he got up there?
178
00:08:27,521 --> 00:08:29,592
Well, we came up
empty on the cab companies,
179
00:08:29,657 --> 00:08:33,195
and the token clerks on the Broadway
local didn't notice him on either end.
180
00:08:33,260 --> 00:08:36,400
A hippopotamus could buy a MetroCard,
and they wouldn't notice it.
181
00:08:36,530 --> 00:08:40,307
Now, the one train stops at
137th, a block from her house.
182
00:08:40,601 --> 00:08:42,376
Why would he be at 140th?
183
00:08:42,436 --> 00:08:44,677
Pay phone IUDs from the
area of the murder.
184
00:08:44,738 --> 00:08:47,651
The call went to the
Johnson apartment at 11:19
185
00:08:47,708 --> 00:08:51,588
from the corner of 141st and Broadway.
Five blocks from her place.
186
00:08:51,679 --> 00:08:54,785
A block from where he was found.
He was walking toward her house.
187
00:08:55,249 --> 00:08:58,195
Check any place that might've
been open at that hour.
188
00:09:00,019 --> 00:09:01,259
He wasn't here.
189
00:09:01,321 --> 00:09:03,460
Maybe one of your customers
saw him on the way out.
190
00:09:03,523 --> 00:09:05,059
We'll need your
credit card receipts.
191
00:09:05,125 --> 00:09:06,502
It's cash only.
192
00:09:07,160 --> 00:09:09,367
I heard on the news
he went to Windsor Academy.
193
00:09:09,429 --> 00:09:10,635
Yeah.
194
00:09:11,331 --> 00:09:13,368
There's a girl that comes
with her brother sometimes.
195
00:09:13,433 --> 00:09:14,639
She told me she
goes to school there.
196
00:09:14,701 --> 00:09:16,180
Did she tell you her name?
197
00:09:16,236 --> 00:09:18,910
Allie, I think.
She's nice looking.
198
00:09:18,972 --> 00:09:21,851
Tried to ask her
out once. Bad move.
199
00:09:22,075 --> 00:09:23,577
Why, she turn you down?
200
00:09:23,643 --> 00:09:24,917
She didn't even
get a chance to.
201
00:09:24,978 --> 00:09:28,289
Her brother got all bent out of shape.
Pulled a John Rocker on me.
202
00:09:28,348 --> 00:09:29,691
BRISCOE:
How's that?
203
00:09:30,350 --> 00:09:33,593
He said his sister's not going
out with some taco boy.
204
00:09:34,954 --> 00:09:37,298
I called him taco boy
to make my point stick.
205
00:09:37,390 --> 00:09:39,199
Did you know Michael Tobin? No.
206
00:09:39,259 --> 00:09:40,999
Come on, man. He was
your sister's boyfriend.
207
00:09:41,059 --> 00:09:44,632
I didn't even know she had a boyfriend.
Allie's not allowed to see boys yet.
208
00:09:44,696 --> 00:09:45,902
BRISCOE: And whose
rule is that?
209
00:09:45,964 --> 00:09:48,672
My father and I work hard so Allie
can make something of herself.
210
00:09:48,734 --> 00:09:50,645
So you'd have a problem
with her seeing anybody.
211
00:09:50,702 --> 00:09:53,876
This is stupid. Two nights ago,
I was here doing inventory.
212
00:09:53,939 --> 00:09:55,612
BRISCOE: Till when?
Midnight.
213
00:09:55,674 --> 00:09:57,847
Look, I got customers waiting.
Okay?
214
00:10:05,317 --> 00:10:06,489
You still here?
215
00:10:06,585 --> 00:10:08,656
Need to ask you a few questions,
if you have the time.
216
00:10:08,720 --> 00:10:11,200
Mmm-hmm. Got as long as
this cigarette lasts.
217
00:10:11,256 --> 00:10:13,566
You were here on Tuesday night?
218
00:10:13,625 --> 00:10:16,629
All of us were. The boss
had us doing inventory.
219
00:10:16,695 --> 00:10:18,368
What time did everybody leave?
220
00:10:18,430 --> 00:10:22,809
Well, let me see. Clarence
and me stayed till 10:00.
221
00:10:22,867 --> 00:10:24,904
And Louis stayed
and finished up.
222
00:10:24,969 --> 00:10:26,346
By himself?
Yeah.
223
00:10:26,437 --> 00:10:28,815
How come?
He's the assistant manager.
224
00:10:28,873 --> 00:10:30,352
What? Is Louis in
some kind of trouble?
225
00:10:30,408 --> 00:10:31,785
No. This is just routine.
226
00:10:31,842 --> 00:10:34,823
Look, Louis is all right,
and he's great with kids.
227
00:10:34,879 --> 00:10:37,860
We hear he's a bit of a hothead
when it comes to his sister.
228
00:10:37,915 --> 00:10:39,258
Maybe a little overprotective,
229
00:10:39,317 --> 00:10:41,923
but all he talks about is how
Allie's gonna make it big.
230
00:10:41,986 --> 00:10:43,260
Couple weeks ago,
231
00:10:43,321 --> 00:10:45,767
he went psycho on some guy
dropped her off here.
232
00:10:45,823 --> 00:10:47,063
You see the guy?
233
00:10:47,124 --> 00:10:49,570
No. I saw his SUV.
Black Toyota.
234
00:10:50,027 --> 00:10:51,870
I like the Lexus, myself.
235
00:10:52,129 --> 00:10:53,540
Well, what did Louis do?
236
00:10:53,598 --> 00:10:57,705
Ran after the car, yelling if he ever saw
him around Allie again, he'd mess him up.
237
00:11:02,940 --> 00:11:06,079
I was working at the store till midnight.
Then I went straight home.
238
00:11:06,142 --> 00:11:09,680
Yeah, after you smashed Michael
Tobin's head against the sidewalk.
239
00:11:09,746 --> 00:11:10,781
Why don't you believe me?
240
00:11:10,847 --> 00:11:12,884
You lied to us about
knowing him, Louis.
241
00:11:12,949 --> 00:11:14,485
And your coworker
heard you threaten him.
242
00:11:14,551 --> 00:11:16,326
I was just looking
out for my sister.
243
00:11:16,386 --> 00:11:18,957
You didn't like her knocking boots
with her white boyfriend, did ya?
244
00:11:19,022 --> 00:11:20,865
Yeah, okay,
but I didn't kill him.
245
00:11:20,957 --> 00:11:23,870
Yeah, you see this dope
smoking punk that night
246
00:11:23,927 --> 00:11:25,964
sniffing around
your baby sister,
247
00:11:26,029 --> 00:11:27,440
so you tell him to back off,
248
00:11:27,497 --> 00:11:30,000
things get a little out of
hand, and he hits his head.
249
00:11:30,066 --> 00:11:31,204
That's not murder, right, Ed?
250
00:11:31,268 --> 00:11:32,872
Maybe not even manslaughter.
251
00:11:32,936 --> 00:11:34,745
It's nothing.
I was working.
252
00:11:36,573 --> 00:11:38,018
How can you do this to him?
253
00:11:38,074 --> 00:11:40,884
Mr. Johnson...
My son has a good job.
254
00:11:40,944 --> 00:11:42,753
He's never been arrested.
255
00:11:42,812 --> 00:11:44,689
We're decent,
hard-working people.
256
00:11:44,748 --> 00:11:47,422
Sir, Louis lied about
knowing Allie's friend.
257
00:11:47,484 --> 00:11:49,724
We have a witness who saw
your son threaten him.
258
00:11:49,785 --> 00:11:51,765
And we understand
he has a temper.
259
00:11:51,854 --> 00:11:53,424
Louis is all bark, Lieutenant.
260
00:11:53,489 --> 00:11:55,264
Now he was at work
when this happened.
261
00:11:55,324 --> 00:11:56,962
No one can confirm that.
262
00:11:57,059 --> 00:11:58,834
You waiting for Elijah
to come down and testify?
263
00:12:00,296 --> 00:12:04,335
White boy gets killed in my neighborhood
and you treat us all like criminals.
264
00:12:04,400 --> 00:12:06,437
You ought to be
ashamed of yourself.
265
00:12:09,805 --> 00:12:11,284
I'm coming back with a lawyer.
266
00:12:14,877 --> 00:12:17,915
VAN BUREN: You recognize anyone
from 93rd street, Officer Smith?
267
00:12:17,980 --> 00:12:19,391
No, sorry.
268
00:12:20,115 --> 00:12:21,423
How'd my partner do?
269
00:12:21,483 --> 00:12:22,791
ED: He flunked too.
270
00:12:23,385 --> 00:12:25,092
We really didn't
get much of a look.
271
00:12:25,154 --> 00:12:26,258
Thanks.
272
00:12:29,291 --> 00:12:31,600
They're not making
cops like they used to.
273
00:12:31,659 --> 00:12:33,900
We need the kid's dirty
laundry to test for blood.
274
00:12:33,962 --> 00:12:36,670
What? You gonna forge a judge's
signature on a search warrant?
275
00:12:37,298 --> 00:12:39,107
Hey, we got motive, no alibi.
276
00:12:39,434 --> 00:12:42,108
Be nice if you could put
him at the crime scene.
277
00:12:47,942 --> 00:12:51,822
Didn't see anything. 11:15, we
were on a job eight blocks away.
278
00:12:51,913 --> 00:12:53,984
The area where the kid got
popped, who hangs there?
279
00:12:54,048 --> 00:12:56,528
Nobody, really. That
block's pretty quiet.
280
00:12:56,617 --> 00:12:59,621
We heard some bottles got thrown on
a cop car near there. You involved?
281
00:12:59,687 --> 00:13:01,189
Just the tail end.
282
00:13:01,255 --> 00:13:04,395
Bum squad picked up a homeless
guy sleeping on the sidewalk.
283
00:13:04,459 --> 00:13:07,565
When we responded, it was just some
kids giving hell to the back-up units.
284
00:13:07,628 --> 00:13:08,732
What kids?
285
00:13:08,830 --> 00:13:11,970
From the neighborhood. It was
a big excitement over there.
286
00:13:12,133 --> 00:13:15,170
(SCOFFS) It was three hours before,
I doubt they saw anything.
287
00:13:15,235 --> 00:13:17,909
Hey, let us do
the doubting, all right?
288
00:13:17,971 --> 00:13:20,611
Time we got there, it was
already under control.
289
00:13:20,674 --> 00:13:24,247
But our local Sharpton was still
out there, preaching to the choir.
290
00:13:25,879 --> 00:13:27,051
ED: Yeah. We heard
you were on the street
291
00:13:27,114 --> 00:13:28,184
Tuesday night.
Yeah.
292
00:13:28,248 --> 00:13:29,989
We just wanna know if you
saw this guy out there.
293
00:13:30,050 --> 00:13:31,188
His name is Louis Johnson.
294
00:13:31,251 --> 00:13:32,423
I know his name.
295
00:13:32,486 --> 00:13:34,363
Any reason I should be
talking to a couple of cops
296
00:13:34,421 --> 00:13:35,559
after what happened out there?
297
00:13:35,622 --> 00:13:38,102
What, you mean like
you causing a riot?
298
00:13:38,158 --> 00:13:40,263
The guy those cops rousted, JT,
299
00:13:40,327 --> 00:13:41,931
he's been sleeping
out there for years.
300
00:13:41,995 --> 00:13:43,975
He's kinda slow in the head.
He's a nice guy.
301
00:13:44,030 --> 00:13:45,236
He never bothers anybody.
302
00:13:45,298 --> 00:13:46,675
BRISCOE: Yeah. Back
to Louis Johnson...
303
00:13:46,733 --> 00:13:49,612
These white cops kick
him till he wakes up,
304
00:13:49,669 --> 00:13:51,808
throw all his stuff on the street.
Now you think that's right?
305
00:13:51,872 --> 00:13:53,476
So you respond
by chucking bottles?
306
00:13:53,540 --> 00:13:55,178
By any means necessary.
307
00:13:55,242 --> 00:13:57,221
That right? That include
killing white kids?
308
00:13:57,276 --> 00:13:58,584
I didn't kill that boy.
309
00:13:58,644 --> 00:14:01,284
And I know Louis from the neighborhood.
He's a nine to five.
310
00:14:01,347 --> 00:14:03,156
Probably a Republican.
He didn't do it either.
311
00:14:03,215 --> 00:14:05,354
Is that a character reference
or you know something?
312
00:14:05,418 --> 00:14:08,058
You get JT out of
lockup, and I might.
313
00:14:08,220 --> 00:14:10,063
Now why would we do that?
314
00:14:12,358 --> 00:14:15,464
I heard some guy at a party was
bragging about doing the white boy.
315
00:14:15,528 --> 00:14:16,632
It wasn't Louis.
316
00:14:16,695 --> 00:14:17,765
That's not much.
317
00:14:17,830 --> 00:14:20,902
He said he took the white boy's Tommy
jacket and then he cut him up.
318
00:14:20,966 --> 00:14:23,845
Bad news. Kid wasn't wearing a
Tommy, and he wasn't cut up.
319
00:14:23,903 --> 00:14:26,713
That's what he said. He said he
saw the white boy by a pay phone,
320
00:14:26,772 --> 00:14:29,218
near a Key Food,
then he followed him.
321
00:14:29,375 --> 00:14:31,719
All right, we'll get JT out.
What's the guy's name?
322
00:14:31,777 --> 00:14:34,417
Don't know his name. But
the party was on Hamilton,
323
00:14:34,480 --> 00:14:37,051
next to the check cashing
place, second floor.
324
00:14:42,153 --> 00:14:44,793
Wonder if this party
made the society page?
325
00:14:44,856 --> 00:14:47,598
Hmm. The host
spared no expense.
326
00:14:48,026 --> 00:14:49,937
Oh! There's our host now.
327
00:14:50,361 --> 00:14:51,704
(MOUSE SQUEAKING)
328
00:14:53,431 --> 00:14:55,240
"Tony's Beverage Mart."
329
00:14:55,467 --> 00:14:57,777
Our party people
lost their deposit.
330
00:14:57,836 --> 00:14:58,974
Hmm.
331
00:14:59,437 --> 00:15:01,041
What makes you think
it was my keg?
332
00:15:01,105 --> 00:15:02,675
It's got your sticker on it.
333
00:15:07,111 --> 00:15:09,113
I had one disappear
a few nights ago.
334
00:15:09,180 --> 00:15:10,853
Any idea who disappeared it?
335
00:15:10,915 --> 00:15:12,724
Not really. Ever since
I hired this guy,
336
00:15:12,784 --> 00:15:14,491
I've had a couple
of things walk away.
337
00:15:14,552 --> 00:15:16,054
So why's he still working here?
338
00:15:16,120 --> 00:15:17,929
It's my wife's nephew.
339
00:15:19,891 --> 00:15:22,428
You know anything
about a missing keg?
340
00:15:22,726 --> 00:15:24,569
I know things get
lost in this world.
341
00:15:24,628 --> 00:15:26,005
You know your
hands are shaking?
342
00:15:26,063 --> 00:15:27,167
Cops make me nervous.
343
00:15:27,231 --> 00:15:28,301
Maybe 'cause you're
feeling guilty.
344
00:15:28,365 --> 00:15:30,276
Maybe 'cause I feel like I'm
getting the third degree here.
345
00:15:30,334 --> 00:15:31,836
Oh, we're still
on the first degree.
346
00:15:31,902 --> 00:15:33,745
I'll give you
some friendly advice.
347
00:15:33,804 --> 00:15:35,408
You ain't got
the cojones for this.
348
00:15:35,472 --> 00:15:37,110
Come on, man. I've only been
working here three weeks.
349
00:15:37,174 --> 00:15:38,312
I don't wanna get fired.
350
00:15:38,375 --> 00:15:40,446
Hey, worry about being a
disappointment to your family.
351
00:15:41,044 --> 00:15:43,888
(SIGHING) All right, some guy
I know invited me to a party.
352
00:15:43,947 --> 00:15:45,153
I just wanted
to do him a favor.
353
00:15:45,215 --> 00:15:47,661
Anybody at the party
celebrating a murder?
354
00:15:47,718 --> 00:15:49,595
Murder. Uh-uh.
Wasn't that kind of party.
355
00:15:49,653 --> 00:15:51,894
There a guy at this party wearing
a Tommy Hilfiger jacket?
356
00:15:51,955 --> 00:15:55,698
Yeah, yeah. He left with a chick in
the boots, and the leather dress.
357
00:15:55,759 --> 00:15:58,000
Um... Seventeen,
going on Tyra Banks.
358
00:15:58,896 --> 00:16:00,375
You get any names?
359
00:16:01,231 --> 00:16:02,869
I think her name was Tina.
360
00:16:02,933 --> 00:16:05,913
She said she lived in the projects.
Powell, some name like that.
361
00:16:05,968 --> 00:16:08,073
Anyway, you couldn't miss her.
She's...
362
00:16:09,005 --> 00:16:11,849
Empty apartment's good for a party.
More room for dancing.
363
00:16:11,908 --> 00:16:14,479
You dance with a guy
in a Tommy jacket?
364
00:16:14,544 --> 00:16:16,421
Tommy, Ralph, Enyce.
365
00:16:16,479 --> 00:16:18,789
Your mother know about
your social life? Yeah.
366
00:16:18,848 --> 00:16:21,260
Well, maybe we should
call her at work.
367
00:16:21,751 --> 00:16:23,458
Called himself Biggie.
368
00:16:23,519 --> 00:16:25,260
Kept telling me
he was big all over.
369
00:16:25,321 --> 00:16:26,527
I ain't got time for that.
370
00:16:26,589 --> 00:16:28,091
So why'd ya leave
the party with him?
371
00:16:28,157 --> 00:16:29,500
I needed a ride.
372
00:16:29,559 --> 00:16:31,971
Did he mention where
he got that jacket?
373
00:16:32,028 --> 00:16:34,634
Hah. I was teasing him
about it being too small.
374
00:16:34,697 --> 00:16:36,768
So just like that, he told me
he took it off that white boy.
375
00:16:36,933 --> 00:16:39,277
Probably not a great idea to take
a ride from a guy like that.
376
00:16:39,569 --> 00:16:41,776
Thanks, Dad.
Can I go now?
377
00:16:41,837 --> 00:16:44,181
Now what did this
Biggie look like?
378
00:16:44,640 --> 00:16:46,711
Big. Look, I'm
20 minutes late.
379
00:16:46,776 --> 00:16:48,312
You're partying with us today.
380
00:16:48,377 --> 00:16:50,652
We're gonna go downtown and
look at some mug shots.
381
00:16:50,712 --> 00:16:52,123
Wait.
382
00:16:53,114 --> 00:16:54,388
(SIGHS)
383
00:16:55,550 --> 00:16:57,757
He gave me his beeper number.
384
00:16:58,119 --> 00:17:00,622
All right. Ask him to
meet you someplace.
385
00:17:00,689 --> 00:17:02,327
What, set him up?
386
00:17:05,694 --> 00:17:06,764
(SIGHING)
387
00:17:16,371 --> 00:17:17,907
What's up, Tina?
388
00:17:17,973 --> 00:17:19,452
Who the hell are you?
389
00:17:19,507 --> 00:17:20,611
Come outside with us, please.
390
00:17:20,675 --> 00:17:22,245
I got a date Nice jacket.
391
00:17:22,310 --> 00:17:23,516
I'd kill for a jacket like that.
392
00:17:23,578 --> 00:17:24,648
What you... What
you talkin' about?
393
00:17:24,713 --> 00:17:25,783
Come on. Let's go.
394
00:17:25,847 --> 00:17:28,191
Let me just holler out my
girl over there for a minute.
395
00:17:28,249 --> 00:17:30,092
You can holler her out
in about 25 years.
396
00:17:30,151 --> 00:17:32,187
Why'd you do me
like this, Tina?
397
00:17:33,354 --> 00:17:34,890
Y'all ain't got nothin' on me.
398
00:17:34,955 --> 00:17:37,162
Yeah, except witnesses
who heard you confess.
399
00:17:37,224 --> 00:17:38,498
Well, they heard wrong.
400
00:17:38,559 --> 00:17:40,004
Yeah? How'd you know
the kid got stabbed?
401
00:17:40,060 --> 00:17:41,198
That wasn't even in the papers.
402
00:17:41,261 --> 00:17:42,763
Only the killer knows
a detail like that.
403
00:17:42,830 --> 00:17:44,138
And where'd you
get his jacket, huh?
404
00:17:44,198 --> 00:17:45,302
This ain't his.
405
00:17:45,366 --> 00:17:46,436
That's not what
his grandma says.
406
00:17:46,500 --> 00:17:47,706
She bought it for him
for his birthday.
407
00:17:47,768 --> 00:17:48,940
My cousin got me this.
408
00:17:49,003 --> 00:17:50,573
Now who do you think the
jury's gonna believe,
409
00:17:50,638 --> 00:17:52,948
this kid's grandmother
or your cousin?
410
00:17:53,073 --> 00:17:56,816
Listen. Girls at the party was dissin'
my gear for not fittin' right.
411
00:17:57,778 --> 00:18:00,315
Sol played like I got
it off the white boy.
412
00:18:00,381 --> 00:18:02,019
They're gonna
laugh in your face.
413
00:18:02,082 --> 00:18:04,528
I was just tryin' to get
my props, that's all.
414
00:18:04,585 --> 00:18:06,895
Hey, how'd you know about the
boy using the pay phone?
415
00:18:06,954 --> 00:18:08,729
'Cause I saw what went down.
416
00:18:09,356 --> 00:18:12,530
Couple of homies run up on
this white boy on a pay phone.
417
00:18:12,593 --> 00:18:15,095
Said they was gonna bust him
up, and did I want a piece?
418
00:18:15,161 --> 00:18:17,732
I said no, and I kept walking.
And that's the truth.
419
00:18:18,131 --> 00:18:19,542
We need names.
420
00:18:22,435 --> 00:18:24,073
Jerome and Marcus.
421
00:18:24,170 --> 00:18:26,480
They hang out at the
bodega on Broadhurst.
422
00:18:26,539 --> 00:18:28,382
You better hope
this checks out.
423
00:18:32,345 --> 00:18:33,415
Hey, Jerome.
424
00:18:33,479 --> 00:18:34,685
Hey, what you want?
425
00:18:34,747 --> 00:18:36,488
You're under arrest.
You must be Marcus.
426
00:18:36,549 --> 00:18:37,789
Not me, man.
427
00:18:38,084 --> 00:18:40,462
POLICEMAN: Police! Freeze!
Give it up, man!
428
00:18:41,788 --> 00:18:43,961
Too bad your feet are
faster than your brain.
429
00:18:44,023 --> 00:18:45,400
Look, hey, watch my hand!
430
00:18:45,458 --> 00:18:47,404
What'd you do to it?
I hurt it playing basketball.
431
00:18:47,460 --> 00:18:49,030
What? Skin your knuckles
going up for a rebound?
432
00:18:49,095 --> 00:18:51,234
Yeah. Y'all, I wanna
see a lawyer.
433
00:18:51,297 --> 00:18:53,299
Story like that,
you're gonna need one.
434
00:18:56,502 --> 00:18:58,708
A broken hand hardly
proves your case.
435
00:18:58,804 --> 00:19:00,875
ED: We have a witness
puts him with the victim.
436
00:19:00,939 --> 00:19:02,077
Who?
437
00:19:02,207 --> 00:19:03,811
You want his address, too?
438
00:19:03,875 --> 00:19:06,116
Look, my client might
want to cooperate.
439
00:19:07,012 --> 00:19:09,288
He doesn't want
to face the death penalty.
440
00:19:09,347 --> 00:19:10,485
Why would he?
441
00:19:15,387 --> 00:19:17,230
That's all we have to say now.
442
00:19:19,257 --> 00:19:22,204
Now's your chance to tell
your side of it, Jerome.
443
00:19:22,260 --> 00:19:24,706
Your buddy in there is probably
rolling on you right now.
444
00:19:24,763 --> 00:19:26,674
Can I talk to him?
Oh, sure.
445
00:19:26,732 --> 00:19:28,405
You two get your
stories straight.
446
00:19:28,467 --> 00:19:31,778
I'll sit here and have a few
donuts while you're chatting.
447
00:19:31,837 --> 00:19:33,475
ELAN HOLT:
How bad does it look?
448
00:19:33,538 --> 00:19:36,212
He's got no alibi
and a three-page sheet.
449
00:19:36,274 --> 00:19:37,617
He's going down hard for this.
450
00:19:37,676 --> 00:19:40,952
Oh, man! This is messed up!
I wanna get bail!
451
00:19:41,011 --> 00:19:43,924
You can't even afford a lawyer. What
kind of bail you think you're gonna get
452
00:19:43,981 --> 00:19:45,483
on a murder two charge?
453
00:19:45,549 --> 00:19:46,755
Murder two?
454
00:19:47,351 --> 00:19:48,557
I think I wanna cop to it.
455
00:19:48,619 --> 00:19:50,030
No, you don't.
456
00:19:50,087 --> 00:19:52,590
Thing is, we didn't mean
to kill one of yours.
457
00:19:52,723 --> 00:19:53,827
One of whose?
458
00:19:53,891 --> 00:19:56,030
Jerome, we're done.
Now shut up!
459
00:19:59,897 --> 00:20:01,467
Why'd he say,
"One of yours?"
460
00:20:01,532 --> 00:20:04,945
It sounds like they were under
the impression Tobin was a cop.
461
00:20:05,002 --> 00:20:06,572
Yeah. Weathers' lawyer
shut everything down
462
00:20:06,637 --> 00:20:07,809
when she heard what
the charges were.
463
00:20:07,872 --> 00:20:09,852
She was expecting
to hear murder one.
464
00:20:09,907 --> 00:20:11,443
Any chance they're right?
465
00:20:11,642 --> 00:20:13,986
Could Tobin have
been an informant?
466
00:20:14,045 --> 00:20:16,423
He's not registered
at one Police Plaza.
467
00:20:17,148 --> 00:20:18,752
How about off the books?
468
00:20:21,218 --> 00:20:24,562
Can we make this fast? My parents
think I'm out buying milk.
469
00:20:24,754 --> 00:20:27,701
You told the detectives your friend,
Michael, wasn't in any kind of trouble.
470
00:20:27,757 --> 00:20:28,929
He wasn't.
471
00:20:28,992 --> 00:20:30,335
We have some evidence
that suggests
472
00:20:30,393 --> 00:20:32,771
he may have been working with
the police as an informant.
473
00:20:32,829 --> 00:20:35,105
Where... No way!
Where'd you hear that?
474
00:20:35,165 --> 00:20:36,405
You don't need to know that.
475
00:20:36,466 --> 00:20:39,072
Well, it's totally ridiculous.
He would've told me.
476
00:20:39,135 --> 00:20:41,411
He didn't tell you
Allie was his girlfriend.
477
00:20:41,471 --> 00:20:43,610
Yeah. I wish he had.
478
00:20:44,874 --> 00:20:47,787
I just don't see it. I mean, why
would Mike be working with the cops?
479
00:20:47,844 --> 00:20:49,414
He didn't even like 'em.
480
00:20:50,280 --> 00:20:52,157
Any takers on the other end?
481
00:20:52,215 --> 00:20:54,957
Briscoe and Green checked with
all the special units in Harlem.
482
00:20:55,018 --> 00:20:57,999
Gangs, narcotics,
anti-crime. Nothing.
483
00:20:58,054 --> 00:20:59,931
It's time to talk
to Jerome Weathers.
484
00:21:00,023 --> 00:21:02,765
Let's see what it'll cost us to
find out what he's talking about.
485
00:21:06,795 --> 00:21:09,571
My client's got nothing to say
till we know what's on the table.
486
00:21:09,665 --> 00:21:12,976
We like what he tells us, we'll take
the death penalty off the table.
487
00:21:19,508 --> 00:21:21,510
This is how it went
down, all right?
488
00:21:22,177 --> 00:21:24,623
Me and Marcus saw the
cops take JT away.
489
00:21:24,713 --> 00:21:27,091
A few hours later,
we saw the kid.
490
00:21:27,149 --> 00:21:29,095
We decided to get some payback.
So we followed him.
491
00:21:29,284 --> 00:21:31,059
Marcus yoked him up
and started pounding.
492
00:21:31,120 --> 00:21:32,531
And you joined right in.
493
00:21:32,654 --> 00:21:35,430
Damn fool started fightin'
back instead of takin' his.
494
00:21:35,491 --> 00:21:37,562
I'm serious, we didn't
mean to kill him.
495
00:21:37,626 --> 00:21:39,606
He fell on the steps
and hit his head.
496
00:21:39,661 --> 00:21:41,004
Why him? Because he was white?
497
00:21:41,063 --> 00:21:43,270
No. 'Cause he was
workin' for the cops.
498
00:21:43,565 --> 00:21:44,737
What made you think that?
499
00:21:45,200 --> 00:21:48,409
He got out of a cop car at the
corner off 144th from Broadway.
500
00:21:48,470 --> 00:21:50,278
JACK: You notice any
markings on the car?
501
00:21:50,338 --> 00:21:51,646
NYPD.
502
00:21:51,772 --> 00:21:53,149
Is that it?
Any numbers?
503
00:21:53,207 --> 00:21:55,244
No. It was
down the block.
504
00:21:55,309 --> 00:21:57,346
The cops let him
out of that car.
505
00:21:57,411 --> 00:21:59,982
In my face. In my neighborhood.
That night.
506
00:22:00,047 --> 00:22:02,084
What did they think
was gonna happen?
507
00:22:04,619 --> 00:22:06,189
There was no
intent, Mr. McCoy.
508
00:22:06,254 --> 00:22:07,995
JACK: Except to kick
the crap out of him.
509
00:22:09,223 --> 00:22:12,261
If it turns out he's telling
the truth, man one.
510
00:22:13,094 --> 00:22:14,300
Damn.
511
00:22:16,631 --> 00:22:19,840
Michael Tobin got out of
a patrol car in Harlem?
512
00:22:19,901 --> 00:22:21,403
According to Jerome Weathers.
513
00:22:21,502 --> 00:22:23,709
Four blocks from
where he was killed.
514
00:22:23,771 --> 00:22:25,808
Do we believe this murderer?
515
00:22:26,174 --> 00:22:27,778
Remains to be seen,
but if it's true,
516
00:22:27,842 --> 00:22:31,051
whatever Tobin was doing up
there was totally off the grid.
517
00:22:31,112 --> 00:22:33,523
We looked under all
the obvious rocks.
518
00:22:33,980 --> 00:22:35,687
Look under new ones.
519
00:22:38,818 --> 00:22:40,957
Could they have been working
with him under the radar?
520
00:22:41,021 --> 00:22:43,228
All informants get
routed to special units.
521
00:22:43,290 --> 00:22:45,702
Yeah, and sometimes they
fall through the cracks.
522
00:22:45,759 --> 00:22:46,829
Not my guys...
523
00:22:46,893 --> 00:22:48,065
We're being straight with you.
524
00:22:48,128 --> 00:22:49,732
We never even
laid eyes on that kid.
525
00:22:50,564 --> 00:22:53,101
10:15, they responded
to an aided call.
526
00:22:53,166 --> 00:22:55,703
Yeah. Lady with chest pains.
We were there until 11:30.
527
00:22:55,936 --> 00:22:57,506
An hour and 15 minutes?
528
00:22:57,571 --> 00:22:58,914
The paramedics had a hard time
529
00:22:58,972 --> 00:23:00,781
convincing her to go
to the hospital.
530
00:23:00,840 --> 00:23:03,343
Yeah. It's all right
here in my memo book.
531
00:23:04,678 --> 00:23:07,454
Check with engine 45.
We were there.
532
00:23:09,249 --> 00:23:11,286
Okay, you two go to work.
533
00:23:11,751 --> 00:23:12,923
Thank you.
534
00:23:13,753 --> 00:23:14,924
That's it,
Ms. Carmichael.
535
00:23:14,987 --> 00:23:17,991
Every sector car out that
night's accounted for.
536
00:23:18,057 --> 00:23:20,401
Any other vehicles
signed out that night?
537
00:23:20,459 --> 00:23:22,234
I already checked with
the motor pool sergeant.
538
00:23:22,294 --> 00:23:23,398
If you want to look
at her log...
539
00:23:23,462 --> 00:23:25,942
No, that's okay. Thanks.
Will you send me a copy?
540
00:23:25,998 --> 00:23:28,979
Yeah. Now if this
fairy tale's true,
541
00:23:29,034 --> 00:23:31,036
it's nobody from this precinct.
542
00:23:36,775 --> 00:23:38,652
We heard you collared two
guys who fit our description.
543
00:23:38,711 --> 00:23:39,781
That's right.
544
00:23:39,845 --> 00:23:40,949
If you needed us
for a line-up,
545
00:23:41,013 --> 00:23:42,754
you could've put
in a notification.
546
00:23:42,815 --> 00:23:45,659
Well, we wanted to hear
the whole story again.
547
00:23:46,018 --> 00:23:47,429
Not much of a story.
548
00:23:47,486 --> 00:23:49,830
We saw two males by the
dead kid's building.
549
00:23:49,889 --> 00:23:50,959
I don't know
if we can I.D. 'em.
550
00:23:51,023 --> 00:23:52,468
What time was that?
551
00:23:52,558 --> 00:23:54,196
I don't know. Whatever
we told your guys
552
00:23:54,260 --> 00:23:55,762
when they interviewed us.
553
00:23:56,795 --> 00:23:59,468
Where did you go after you
observed these two guys?
554
00:23:59,530 --> 00:24:01,066
Back on patrol.
555
00:24:01,132 --> 00:24:04,579
And what was your
location at 11:10?
556
00:24:05,169 --> 00:24:07,012
What's this got
to do with a line-up?
557
00:24:07,071 --> 00:24:09,881
Somebody saw Michael
Tobin get out of an RMP
558
00:24:09,941 --> 00:24:12,080
up in Harlem just
before he was killed.
559
00:24:12,143 --> 00:24:13,451
Somebody who?
560
00:24:13,511 --> 00:24:15,354
CARMICHAEL:
That's confidential.
561
00:24:15,413 --> 00:24:17,791
We were in Charlie
sector all night.
562
00:24:18,383 --> 00:24:20,624
Look, why would we ride
around with this kid?
563
00:24:20,685 --> 00:24:22,631
Maybe you were
using him as a Cl.
564
00:24:22,687 --> 00:24:24,394
(SCOFFING) Absolutely not.
565
00:24:24,455 --> 00:24:26,833
VAN BUREN: Then you won't mind
if we look at your memo books.
566
00:24:26,891 --> 00:24:28,495
Don't you need
to go through IAB?
567
00:24:28,559 --> 00:24:30,163
CARMICHAEL: IAB
doesn't have jurisdiction.
568
00:24:30,228 --> 00:24:31,866
This is a murder investigation.
569
00:24:31,929 --> 00:24:33,101
You got the two guys.
570
00:24:34,666 --> 00:24:39,081
Whoever dropped Michael Tobin off
wasn't looking out for his welfare.
571
00:24:41,905 --> 00:24:43,350
Uh...
572
00:24:44,541 --> 00:24:46,043
Before we give up
any paperwork,
573
00:24:46,109 --> 00:24:48,612
I think we need to get
with our PBA rep.
574
00:24:48,945 --> 00:24:50,424
Stay in touch.
575
00:24:56,987 --> 00:24:59,126
These are the sprint
runs from the 36,
576
00:24:59,189 --> 00:25:01,795
all transmissions
for the entire shift.
577
00:25:01,858 --> 00:25:04,202
Got the tape cued up
if you want audio.
578
00:25:04,261 --> 00:25:08,073
Thanks. Smith and
Flannery were 36 Charlie.
579
00:25:08,198 --> 00:25:11,111
10:45, they radioed
out for a meal.
580
00:25:11,468 --> 00:25:12,640
Like they said.
581
00:25:12,970 --> 00:25:15,314
But look at this.
At 11:10, they responded,
582
00:25:15,372 --> 00:25:17,978
"Back in service,
will assist 36 Edward"
583
00:25:18,041 --> 00:25:20,487
"on a job at 96th
and Amsterdam."
584
00:25:20,744 --> 00:25:23,247
Two blocks away, they didn't
show up for 20 minutes.
585
00:25:23,312 --> 00:25:25,314
Because they were in Harlem?
586
00:25:25,381 --> 00:25:27,019
Wait. This is strange.
587
00:25:27,450 --> 00:25:31,557
Hey, Sally, could you cue
up this radio run at 8:19?
588
00:25:34,356 --> 00:25:37,530
This is 36 Sergeant One. Be
advised of rapid mobilization.
589
00:25:37,593 --> 00:25:40,005
Standby for units
Adam, Baker, Charlie.
590
00:25:40,062 --> 00:25:42,167
Disturbance at
144 and Broadway.
591
00:25:42,231 --> 00:25:45,007
Civilians and officers
involved, possible injuries.
592
00:25:45,067 --> 00:25:46,876
31 Sergeant will advice.
593
00:25:48,938 --> 00:25:51,817
So, Smith and Flannery were
on alert for deployment
594
00:25:51,874 --> 00:25:53,945
to that free-for-all
up in Harlem.
595
00:25:54,009 --> 00:25:56,216
Over the arrest
of that homeless man.
596
00:25:56,545 --> 00:25:59,355
They knew all hell was breaking
loose up there that night.
597
00:25:59,415 --> 00:26:02,089
And they dropped Michael Tobin
right in the middle of it.
598
00:26:02,151 --> 00:26:03,289
(SCOFFS)
599
00:26:09,424 --> 00:26:13,065
Your clients took a detour to Harlem
the night Michael Tobin was killed.
600
00:26:13,128 --> 00:26:14,300
This doesn't say that.
601
00:26:14,362 --> 00:26:17,809
Their radio car was unaccounted
for from 10:45 to 11:30.
602
00:26:17,866 --> 00:26:19,368
We signed off to get
something to eat.
603
00:26:19,434 --> 00:26:21,311
You were done with
your meal at 11:10.
604
00:26:21,369 --> 00:26:23,406
There's a gaping
hole in your alibi.
605
00:26:23,471 --> 00:26:25,246
Which gave you a
window of opportunity
606
00:26:25,306 --> 00:26:27,980
to take the Tobin boy uptown and drop
him in the middle of a war zone.
607
00:26:28,510 --> 00:26:29,580
RILEY: For what
possible reason?
608
00:26:29,644 --> 00:26:33,148
You tell me. If they have a legitimate
explanation, we want to hear it.
609
00:26:33,214 --> 00:26:36,195
(CHUCKLING) Well, they don't need
to explain anything. Let's go.
610
00:26:36,251 --> 00:26:40,222
You're gonna need more than this
printout and some half-baked theory.
611
00:26:44,826 --> 00:26:46,567
Some kind of practical joke?
612
00:26:46,628 --> 00:26:48,539
If it is, the cops
aren't talking.
613
00:26:48,596 --> 00:26:49,733
You're sure it's them?
614
00:26:49,797 --> 00:26:51,777
It's the only
plausible explanation.
615
00:26:51,832 --> 00:26:53,209
ADAM: Can you prove it?
616
00:26:53,500 --> 00:26:55,639
Their patrol car turned
up negative for prints.
617
00:26:55,702 --> 00:26:57,272
We can't ID the car,
or its occupants.
618
00:26:57,671 --> 00:26:59,275
We've got a good
circumstantial case.
619
00:26:59,339 --> 00:27:01,216
And they're acting
guilty as hell.
620
00:27:01,708 --> 00:27:03,710
All we need is another
police scandal.
621
00:27:03,777 --> 00:27:05,085
(PHONE RINGING)
622
00:27:08,015 --> 00:27:09,153
McCoy.
623
00:27:11,051 --> 00:27:12,257
I'll tell him.
624
00:27:12,519 --> 00:27:15,557
Your secretary, Adam.
The mayor's holding for you.
625
00:27:15,656 --> 00:27:16,999
She say what it's about?
626
00:27:17,057 --> 00:27:18,263
Smith and Flannery.
627
00:27:19,826 --> 00:27:21,931
Get a handle
on this thing, Jack.
628
00:27:24,865 --> 00:27:25,935
What?
629
00:27:27,134 --> 00:27:29,478
Flannery's civilian
complaint file is clean.
630
00:27:29,536 --> 00:27:32,106
He did manage to get
himself a commendation.
631
00:27:32,171 --> 00:27:34,811
Smith has a commendation
and two complaints.
632
00:27:34,874 --> 00:27:37,013
The first one was
for excessive force.
633
00:27:37,076 --> 00:27:40,114
He pushed the girlfriend of a man
he was arresting. Dismissed.
634
00:27:40,179 --> 00:27:42,125
Then his wife complained
he was abusive.
635
00:27:42,181 --> 00:27:44,161
He was referred
to peer counseling.
636
00:27:48,054 --> 00:27:50,125
You're not a doctor,
Lieutenant Fernandez.
637
00:27:50,189 --> 00:27:52,465
We can subpoena you.
There's no privilege.
638
00:27:53,292 --> 00:27:56,501
Go ahead. You really think
I'd breach his confidence?
639
00:27:56,929 --> 00:27:58,772
I'm not interested
in his marriage.
640
00:27:58,831 --> 00:28:01,277
Isn't there something you can tell
me that might help the guy out?
641
00:28:02,401 --> 00:28:03,573
I can't get into that.
642
00:28:03,636 --> 00:28:05,240
A young man was murdered.
643
00:28:08,140 --> 00:28:10,381
People expect
cops to be perfect.
644
00:28:10,943 --> 00:28:12,388
You got a split
second to decide
645
00:28:12,445 --> 00:28:15,220
if a guy's going for his
house keys, or a gun.
646
00:28:15,647 --> 00:28:17,627
It's not easy being on the job.
647
00:28:17,716 --> 00:28:19,320
And I am sympathetic
to that, Lieutenant,
648
00:28:19,384 --> 00:28:20,658
but if Smith was coming here,
649
00:28:20,719 --> 00:28:22,960
he was obviously stressed
out about something.
650
00:28:23,021 --> 00:28:24,261
(SIGHING)
651
00:28:29,261 --> 00:28:30,968
Between you and me,
652
00:28:31,963 --> 00:28:34,102
this thing's tearing
him up inside.
653
00:28:36,134 --> 00:28:38,944
They kidnapped him and
dropped him in Harlem.
654
00:28:39,237 --> 00:28:40,807
What kind of cops are they?
655
00:28:40,872 --> 00:28:42,510
By all accounts, average.
656
00:28:42,574 --> 00:28:44,417
Maybe something
Michael said or did
657
00:28:44,476 --> 00:28:46,114
led to some misunderstanding.
658
00:28:46,178 --> 00:28:48,886
Did your son ever have any kind
of run-in with the police?
659
00:28:48,947 --> 00:28:51,154
A few months ago,
he got a parking ticket.
660
00:28:51,216 --> 00:28:52,286
Made a big scene.
661
00:28:52,350 --> 00:28:53,556
Because he was parked legally.
662
00:28:53,618 --> 00:28:56,064
It's only natural for kids
that age to resent authority.
663
00:28:56,121 --> 00:28:57,794
Especially when it's wrong.
664
00:28:57,922 --> 00:28:59,094
What about at school?
665
00:28:59,156 --> 00:29:03,002
His guidance counselor told us he had
a few detentions and a suspension.
666
00:29:03,193 --> 00:29:06,572
For one day. He was caught out
of his room on a school trip.
667
00:29:06,630 --> 00:29:08,268
You're saying
this was his fault?
668
00:29:08,332 --> 00:29:09,572
That's not what we're saying...
669
00:29:09,633 --> 00:29:12,079
When the police kill a black
kid, this place goes crazy.
670
00:29:12,136 --> 00:29:13,979
When it's a white kid,
you blame the victim.
671
00:29:14,038 --> 00:29:15,745
Our son was murdered.
672
00:29:16,006 --> 00:29:18,418
Aren't the police
supposed to protect us?
673
00:29:20,945 --> 00:29:25,257
Why is the U.S. Attorney interested
in a state murder prosecution?
674
00:29:25,316 --> 00:29:27,728
There are federal
implications, Mr. McCoy.
675
00:29:27,785 --> 00:29:29,787
As long as the matter is
being handled judiciously,
676
00:29:29,853 --> 00:29:31,423
the ball's in your court.
677
00:29:31,488 --> 00:29:35,026
We're prosecuting the young men
responsible for the murder.
678
00:29:35,492 --> 00:29:38,405
And the officers who violated
Michael Tobin's civil rights?
679
00:29:38,462 --> 00:29:42,375
We're planning to indict them for
endangering and unlawful imprisonment.
680
00:29:42,966 --> 00:29:44,673
They'll be thrown
off the force,
681
00:29:44,734 --> 00:29:46,680
might even do some
felony jail time.
682
00:29:46,736 --> 00:29:48,215
That's not gonna cut it.
683
00:29:48,271 --> 00:29:49,648
It'll be perceived
in certain quarters
684
00:29:49,706 --> 00:29:51,344
as an under-zealous
prosecution.
685
00:29:51,407 --> 00:29:54,183
Perception? I thought we were in
the criminal justice business.
686
00:29:54,243 --> 00:29:56,951
And the perception
of justice being done.
687
00:29:57,013 --> 00:29:58,788
I'm not telling you
how to run your office.
688
00:29:58,848 --> 00:30:01,351
But if the justice department
isn't happy we're stepping in.
689
00:30:06,956 --> 00:30:08,458
Not gonna happen.
690
00:30:08,524 --> 00:30:10,697
It's a no-win
situation, Adam.
691
00:30:10,993 --> 00:30:12,597
Let's do what
we think is appropriate
692
00:30:12,662 --> 00:30:14,300
and let the chips
fall where they may.
693
00:30:14,597 --> 00:30:17,737
Charge the cops with murder.
Depraved indifference.
694
00:30:17,800 --> 00:30:19,643
They dropped the boy
into a minefield.
695
00:30:19,902 --> 00:30:21,779
Harlem is a minefield?
696
00:30:21,838 --> 00:30:23,215
How's that going to play?
697
00:30:23,539 --> 00:30:27,179
You send two black kids to
state prison for manslaughter,
698
00:30:27,476 --> 00:30:30,116
and you slap
two cops on the wrists
699
00:30:30,178 --> 00:30:32,488
for putting the boy
in their sights.
700
00:30:32,547 --> 00:30:33,719
How's that play?
701
00:30:34,650 --> 00:30:36,425
So politics as usual.
702
00:30:36,485 --> 00:30:38,055
The mayor's very concerned.
703
00:30:38,120 --> 00:30:41,294
The mayor is on board
for going after two cops?
704
00:30:41,356 --> 00:30:44,496
The mayor wants peace and
I'm gonna deliver it.
705
00:30:45,027 --> 00:30:47,166
The police force
is out of control.
706
00:30:47,229 --> 00:30:50,005
Manipulating racial distrust
for their own purposes.
707
00:30:50,065 --> 00:30:51,476
I won't be part of it.
708
00:30:54,636 --> 00:30:56,172
I'm with Adam on this one.
709
00:30:57,606 --> 00:31:00,086
Abner Louima, Diallo.
710
00:31:01,309 --> 00:31:03,414
It stops right here. Do it.
711
00:31:15,723 --> 00:31:19,261
CLERK: "Calendar numbers
54, 55, 56 and 57."
712
00:31:19,360 --> 00:31:21,465
Top count is murder
in the second.
713
00:31:21,529 --> 00:31:23,600
Well, here's an
interesting group.
714
00:31:23,831 --> 00:31:25,811
My clients plead not guilty.
715
00:31:25,866 --> 00:31:27,675
Mr. Cook and Mr. Weathers
have accepted pleas
716
00:31:27,735 --> 00:31:29,180
to manslaughter
in the first degree.
717
00:31:29,236 --> 00:31:30,271
What's the promise?
718
00:31:30,337 --> 00:31:31,748
Seven and a half-to-15.
719
00:31:32,406 --> 00:31:34,317
JUDGE: Set it down
for their allocutions.
720
00:31:34,375 --> 00:31:35,979
You want bail
on these officers?
721
00:31:36,043 --> 00:31:37,522
It's a murder
charge, Your Honor.
722
00:31:37,578 --> 00:31:39,148
It is on paper.
723
00:31:39,213 --> 00:31:41,420
Fifty thousand, each defendant.
724
00:31:41,482 --> 00:31:42,722
They're ready
to post, Your Honor.
725
00:31:46,921 --> 00:31:48,229
(RUCKUS)
So, the D.A.'s office
726
00:31:48,289 --> 00:31:51,292
is trying to crucify
two fine police officers.
727
00:31:51,357 --> 00:31:52,529
You're saying they're innocent?
728
00:31:52,592 --> 00:31:55,766
Absolutely. I mean, take a look
at those people down there.
729
00:31:55,829 --> 00:31:57,706
The D.A.'s office
is playing to the mob.
730
00:31:57,764 --> 00:32:00,938
Mr. McCoy? Care to comment
on Mr. Riley's claim
731
00:32:01,000 --> 00:32:03,276
you're conducting a vendetta
against the police?
732
00:32:03,336 --> 00:32:05,338
We're prosecuting
two individuals
733
00:32:05,405 --> 00:32:09,717
who committed a crime, nothing more, nothing less.
Now if you'll excuse us.
734
00:32:09,776 --> 00:32:11,449
Are these officers
being charged to pacify
735
00:32:11,511 --> 00:32:12,854
the African American community?
736
00:32:12,912 --> 00:32:14,357
I just told you
what we're doing.
737
00:32:14,414 --> 00:32:15,859
Did you make a deal
with one of the men
738
00:32:15,915 --> 00:32:18,589
who admitted killing Michael Tobin
in exchange for his testimony?
739
00:32:18,685 --> 00:32:21,529
No comment. Now, please,
let us through.
740
00:32:22,055 --> 00:32:23,762
You having fun yet, McCoy?
741
00:32:23,823 --> 00:32:25,496
Is that how it's
gonna go, Mr. Riley?
742
00:32:25,558 --> 00:32:27,697
Trying the whole case
on the courthouse steps?
743
00:32:27,760 --> 00:32:30,934
And the courtroom. I'm moving
to dismiss the indictment.
744
00:32:31,664 --> 00:32:33,609
(INDISTINCT SHOUTING)
745
00:32:35,501 --> 00:32:38,482
Depraved indifference murder
requires the defendant
746
00:32:38,537 --> 00:32:42,986
recklessly engage in conduct which
creates a grave risk of death.
747
00:32:43,242 --> 00:32:45,244
A grave risk of death, Judge.
748
00:32:45,310 --> 00:32:47,813
The people can't possibly prove
that element of the crime.
749
00:32:47,880 --> 00:32:51,589
The officers knew there was a violent
disturbance at 144th and Broadway
750
00:32:51,817 --> 00:32:53,763
due to a prior
radio communication.
751
00:32:53,819 --> 00:32:56,857
Mr. McCoy is saying that
Harlem is a dangerous weapon.
752
00:32:56,922 --> 00:32:59,129
I was under the impression
it was a neighborhood.
753
00:32:59,191 --> 00:33:00,761
This is unmitigated racism.
754
00:33:00,826 --> 00:33:02,464
I'll decide what's racism here.
755
00:33:02,694 --> 00:33:05,641
You have to ignore these hot-button
labels and look at the facts, Judge.
756
00:33:05,697 --> 00:33:07,904
White boy in Harlem's
gonna wind up dead.
757
00:33:07,966 --> 00:33:09,877
Call it what you want,
that's the People's case.
758
00:33:09,935 --> 00:33:12,006
JACK: These officers made
a calculated decision.
759
00:33:12,070 --> 00:33:14,414
Out of the thousands of street
corners in New York City,
760
00:33:14,473 --> 00:33:16,110
they picked this one.
761
00:33:16,174 --> 00:33:18,677
They may as well have painted a
target on the young man's back.
762
00:33:18,743 --> 00:33:20,347
He was a target
because he was white?
763
00:33:20,411 --> 00:33:23,085
Because the police branded
him as a collaborator.
764
00:33:23,147 --> 00:33:24,888
They dropped him
out of their marked car
765
00:33:24,949 --> 00:33:26,951
in the aftermath
of a disturbance.
766
00:33:28,052 --> 00:33:30,362
It's hard to ignore
that, Mr. Riley.
767
00:33:31,289 --> 00:33:33,098
You of all people, Judge...
768
00:33:34,659 --> 00:33:37,139
Don't try that
on me, Mr. Riley.
769
00:33:37,195 --> 00:33:38,868
Your motion is denied.
770
00:33:42,633 --> 00:33:44,704
(WHISPERING)
771
00:33:51,442 --> 00:33:53,388
My clients want to talk.
772
00:33:53,444 --> 00:33:56,288
Before or after your spin
session with the media?
773
00:33:57,014 --> 00:33:59,789
You hear what they have to
say, I'll keep my mouth shut.
774
00:34:03,186 --> 00:34:05,291
Now this is off
the record, right?
775
00:34:06,022 --> 00:34:09,799
We're not looking to sandbag
your clients into an admission.
776
00:34:10,594 --> 00:34:12,835
Now, what happened in
Harlem was nothing more
777
00:34:12,896 --> 00:34:15,240
than a tragic
lapse of judgment.
778
00:34:15,665 --> 00:34:18,839
If that's true, we're prepared
to take it into account.
779
00:34:19,970 --> 00:34:22,041
Can you be a little
more specific?
780
00:34:23,874 --> 00:34:26,548
If you can convince me
this wasn't malicious,
781
00:34:27,010 --> 00:34:28,421
we'll consider man two.
782
00:34:30,113 --> 00:34:33,185
It's still jail time. Maybe we
should just take our chances.
783
00:34:33,250 --> 00:34:35,696
Earl, you got nothing to lose
by putting it on the table.
784
00:34:35,752 --> 00:34:37,959
I got a bad feeling
about this, Smitty.
785
00:34:42,558 --> 00:34:43,798
(SIGHING)
786
00:34:46,595 --> 00:34:50,133
The kid was driving erratically,
so we decided to check him out.
787
00:34:51,166 --> 00:34:53,976
There was the odor
of marijuana in his car.
788
00:34:55,771 --> 00:34:57,773
We tossed him,
but he was clean.
789
00:34:57,840 --> 00:35:00,548
Then the kid started giving
us attitude. (SCOFFS)
790
00:35:00,709 --> 00:35:03,553
Big mouth preppie
in his 40,000 dollar car.
791
00:35:03,913 --> 00:35:06,291
Like he had a right
to break the law.
792
00:35:06,348 --> 00:35:07,520
You know what he said?
793
00:35:09,318 --> 00:35:13,027
"Why don't you go up to Harlem
and arrest some real criminals?"
794
00:35:15,157 --> 00:35:17,831
Me and Smitty decided
to teach him a lesson.
795
00:35:17,893 --> 00:35:19,304
We never thought...
796
00:35:19,361 --> 00:35:20,965
It was just stupid.
797
00:35:22,198 --> 00:35:23,836
Stupid and wrong.
798
00:35:28,503 --> 00:35:30,141
What do you say, McCoy?
799
00:35:37,412 --> 00:35:39,153
Man two. Five-to-10.
800
00:35:42,183 --> 00:35:44,561
And you recommend protective custody?
Mmm-hmm.
801
00:35:47,021 --> 00:35:48,398
Mr. McCoy,
802
00:35:50,158 --> 00:35:52,695
will you tell the kid's
parents we're sorry?
803
00:35:53,962 --> 00:35:56,169
You can do that yourself
804
00:35:56,497 --> 00:35:58,306
when we take your plea.
805
00:36:06,608 --> 00:36:07,881
Five years?
806
00:36:08,008 --> 00:36:11,012
I knew you wouldn't be happy, Adam,
but it's the right thing to do.
807
00:36:11,078 --> 00:36:12,819
They're responsible
for the boy's death.
808
00:36:12,879 --> 00:36:14,916
They made a bad decision
in the heat of the moment.
809
00:36:15,282 --> 00:36:16,727
I wanted top count here.
810
00:36:17,184 --> 00:36:19,061
They're saying
it was an accident.
811
00:36:19,119 --> 00:36:21,622
The same reason Cook and
Weathers got manslaughter.
812
00:36:21,722 --> 00:36:23,861
Smith and Flannery
wear the uniform.
813
00:36:23,924 --> 00:36:25,369
They're supposed
to know better.
814
00:36:26,360 --> 00:36:28,863
For all we know, they still
have the feds to deal with.
815
00:36:28,929 --> 00:36:31,637
I'm not passing the buck
to the justice department.
816
00:36:31,865 --> 00:36:33,970
So you sacrifice
a couple of lambs?
817
00:36:35,202 --> 00:36:37,443
Your deal is throwing
gas on a fire.
818
00:36:40,173 --> 00:36:41,880
I can't go back on my word.
819
00:36:42,342 --> 00:36:44,788
This city is bigger
than your word.
820
00:36:44,845 --> 00:36:47,621
The police are gonna think twice before
they pull a stunt like this again.
821
00:36:47,748 --> 00:36:50,091
You go back, you tell
them the deal is off.
822
00:36:54,553 --> 00:36:56,089
MR. RILEY: We had a deal.
823
00:36:56,155 --> 00:36:57,566
I'm sorry.
824
00:36:57,623 --> 00:36:59,625
Is that code for,
"I changed my mind?"
825
00:36:59,692 --> 00:37:00,796
It's out of my hands.
826
00:37:00,860 --> 00:37:03,898
Ah. So Adam Schiff
is going for the jugular.
827
00:37:03,963 --> 00:37:06,068
I thought you had some
juice over there, McCoy.
828
00:37:06,132 --> 00:37:08,169
It's not that
simple, Mr. Riley.
829
00:37:08,234 --> 00:37:10,510
You reneging on my
clients' statements, too?
830
00:37:10,569 --> 00:37:12,674
Don't worry. I won't
try to admit them.
831
00:37:13,305 --> 00:37:15,046
What about your boss?
832
00:37:15,274 --> 00:37:17,083
(SCOFFS) I mean, if that's
the way he's playing it,
833
00:37:17,143 --> 00:37:18,713
I'm moving to change
venue to Albany.
834
00:37:18,911 --> 00:37:22,290
You think the Appellate Division will
move this case out of Manhattan?
835
00:37:22,348 --> 00:37:25,886
Cooler heads up North,
McCoy. Do you get my drift?
836
00:37:31,557 --> 00:37:32,899
They lost the dismissal motion.
837
00:37:32,957 --> 00:37:34,834
Change of venue
is a "Hail Mary."
838
00:37:34,893 --> 00:37:36,634
I think it's a close call.
839
00:37:36,695 --> 00:37:39,107
You try this in
Albany, they'll walk.
840
00:37:40,064 --> 00:37:43,136
You really think we need
the home field advantage?
841
00:37:44,235 --> 00:37:47,114
Last time an Albany
jury convicted a cop,
842
00:37:47,372 --> 00:37:49,181
I had a full head
of black hair.
843
00:37:49,507 --> 00:37:50,850
It's not Simi Valley.
844
00:37:50,909 --> 00:37:54,356
It's not Manhattan. If there's
a melting pot, this is it.
845
00:37:54,879 --> 00:37:57,621
A melting pot? It's more like
a recipe for a conviction.
846
00:37:57,682 --> 00:37:59,059
Half the city hates the cops,
847
00:37:59,117 --> 00:38:01,461
the other half has never
been north of 96th street.
848
00:38:01,519 --> 00:38:02,862
You moonlighting for the PBA?
849
00:38:02,921 --> 00:38:05,197
No, but enough is enough.
850
00:38:06,424 --> 00:38:08,461
We're not trying
this in Albany.
851
00:38:17,768 --> 00:38:20,544
The Supreme Court has held
that a defendant is entitled
852
00:38:20,604 --> 00:38:25,110
to a trial that is not dominated
by a wave of public passion,
853
00:38:25,175 --> 00:38:28,054
and is not overwhelmed
by press coverage.
854
00:38:29,046 --> 00:38:32,255
But this is exactly what's happening
in this case, Your Honor.
855
00:38:33,050 --> 00:38:35,291
On the heels of two
highly publicized
856
00:38:35,352 --> 00:38:37,525
police brutality
cases in this city,
857
00:38:37,588 --> 00:38:41,001
my clients are presumed to be
guilty instead of innocent.
858
00:38:41,058 --> 00:38:43,971
What's the relevance of these
other matters, Counselor?
859
00:38:44,027 --> 00:38:46,507
Those cases set
the tenor, Your Honor.
860
00:38:47,598 --> 00:38:50,408
Let's take a look at the press
coverage that this is getting.
861
00:38:50,834 --> 00:38:55,249
Two officers walking a terrified
white student down an uptown street.
862
00:38:55,772 --> 00:38:58,082
They're calling it,
"A Harlem field trip."
863
00:38:58,142 --> 00:39:01,122
Over 1,900 references to the
Tobin case in the print media,
864
00:39:01,177 --> 00:39:03,020
never mind local radio and TV.
865
00:39:03,346 --> 00:39:06,293
Any attempt to select an impartial
jury in this jurisdiction
866
00:39:06,349 --> 00:39:08,920
is just a waste
of everybody's time.
867
00:39:09,385 --> 00:39:10,591
Thank you.
868
00:39:15,792 --> 00:39:18,363
What's different
in Albany? One thing.
869
00:39:19,028 --> 00:39:23,067
The courts there are a haven for
police officers who break the law.
870
00:39:23,399 --> 00:39:27,279
The fact of the matter is, this
was an equal opportunity crime.
871
00:39:27,336 --> 00:39:29,373
A black cop and a white cop
872
00:39:29,438 --> 00:39:31,941
overstepped their authority
and it resulted in a murder.
873
00:39:32,608 --> 00:39:36,420
Are you suggesting that this incident
doesn't arouse racial passions, Mr. McCoy?
874
00:39:36,512 --> 00:39:38,116
Wherever the case is tried,
875
00:39:38,181 --> 00:39:41,424
potential jurors come to jury
duty with ideological baggage.
876
00:39:41,616 --> 00:39:43,653
Don't you think that this
"baggage," as you put it,
877
00:39:43,718 --> 00:39:45,391
weighs a lot more
in New York City?
878
00:39:45,453 --> 00:39:48,434
The point is, the passions in
our community run the gamut.
879
00:39:48,490 --> 00:39:50,970
Do you dispute the point
that the jury pool in Albany
880
00:39:51,026 --> 00:39:55,031
has been far less influenced by
prior events and media coverage?
881
00:39:55,097 --> 00:39:56,303
No, I'll concede that point.
882
00:39:56,364 --> 00:39:58,537
But let's at least
make the attempt
883
00:39:58,600 --> 00:40:01,240
to pick a fair jury in New York
City before the court orders
884
00:40:01,303 --> 00:40:03,579
the drastic remedy
of changing venue.
885
00:40:07,275 --> 00:40:10,085
Mr. McCoy has acknowledged
the intensity
886
00:40:10,145 --> 00:40:12,716
of the public clamor
that surrounds this case.
887
00:40:12,781 --> 00:40:15,091
And this court would be
remiss to ignore it.
888
00:40:15,884 --> 00:40:19,957
If we choose to postpone our
ruling, pending jury selection,
889
00:40:20,355 --> 00:40:23,700
the attention this matter
receives will only increase.
890
00:40:24,192 --> 00:40:26,000
Let's get it right
the first time.
891
00:40:26,227 --> 00:40:29,231
The court will err
on the side of caution.
892
00:40:29,830 --> 00:40:33,073
The matter is transferred to the
Supreme Court of the county of Albany.
893
00:40:33,734 --> 00:40:35,270
(INDIGNANT UPROAR)
894
00:40:35,970 --> 00:40:37,472
(JUDGE POUNDING GAVEL)
895
00:40:37,972 --> 00:40:40,851
Order! Order in the court!
896
00:40:50,117 --> 00:40:52,393
MAN: Mr. McCoy, care to comment
on the court's decision?
897
00:40:52,453 --> 00:40:54,626
There's been enough said and
written about this case.
898
00:40:54,688 --> 00:40:56,964
I won't take part
in the feeding frenzy.
899
00:40:57,024 --> 00:40:58,697
Do you think you can get
a fair shake in Albany?
900
00:40:58,759 --> 00:41:01,603
I answered that inside.
Now, if you'll excuse me.
901
00:41:01,662 --> 00:41:03,505
Wait. One more
question, please.
902
00:41:03,797 --> 00:41:05,470
Springtime in Albany.
903
00:41:05,532 --> 00:41:07,340
Maybe I'll meet
a nice bureaucrat.
904
00:41:07,734 --> 00:41:09,736
Don't book
the reception hall yet.
905
00:41:09,802 --> 00:41:11,543
There's no appeal, Jack.
906
00:41:11,604 --> 00:41:14,676
There's always the intervention
of a higher authority.
907
00:41:16,342 --> 00:41:18,845
You concede the point? You
played right into their hands.
908
00:41:18,912 --> 00:41:20,983
I was trying to salvage
a draw from a defeat.
909
00:41:21,047 --> 00:41:25,621
You needed to tell them that a fair
jury can be selected here. You blinked.
910
00:41:25,718 --> 00:41:27,254
It may seem like that
on the cold record, Adam...
911
00:41:27,320 --> 00:41:30,164
Don't humor me.
You tanked the motion
912
00:41:30,256 --> 00:41:33,726
because you had to protect
your own precious credibility.
913
00:41:34,727 --> 00:41:36,468
We'll talk about it when
I come back from Albany.
914
00:41:36,529 --> 00:41:38,531
Nobody's going to Albany.
915
00:41:39,399 --> 00:41:42,505
You're gonna get down on your hands and
knees, you're gonna make that deal.
916
00:41:50,509 --> 00:41:53,752
If it was worth five-to-10 before,
maybe it's worth probation now.
917
00:41:53,812 --> 00:41:56,759
Manhattan or not,
it's still a murder case.
918
00:41:56,815 --> 00:41:57,987
A dead one.
919
00:41:59,384 --> 00:42:01,660
Adam Schiff got it
right back in his face.
920
00:42:01,720 --> 00:42:03,791
You underestimate
me, Mr. Riley.
921
00:42:03,855 --> 00:42:06,461
You underestimate the
good citizens of Albany.
922
00:42:06,525 --> 00:42:09,768
Bring your gangbanger witness up to Volvo-land.
See how far you get.
923
00:42:09,828 --> 00:42:11,603
My father was
a cop, Mr. Riley.
924
00:42:11,663 --> 00:42:14,200
I think I know how to
reach these people.
925
00:42:14,766 --> 00:42:17,178
I think they'll identify
with the victim,
926
00:42:17,436 --> 00:42:18,915
not your clients.
927
00:42:19,004 --> 00:42:20,347
MR. RILEY: You're
playing the race card?
928
00:42:20,405 --> 00:42:22,316
JACK: I'm making
an observation.
929
00:42:22,374 --> 00:42:23,785
What if we don't want atrial?
930
00:42:23,842 --> 00:42:25,947
Don't get cold feet now, Earl.
931
00:42:30,148 --> 00:42:33,651
Yeah, man, don't sweat it.
This is going upstate.
932
00:42:35,353 --> 00:42:37,333
Maybe that's good for you.
933
00:42:37,388 --> 00:42:40,926
Forget black and white. All
these people see is blue.
934
00:42:41,559 --> 00:42:44,039
Is that why you became
a cop, Officer Smith?
935
00:42:44,996 --> 00:42:46,907
To hide behind the uniform?
936
00:42:48,199 --> 00:42:49,735
No, it's not.
937
00:42:50,768 --> 00:42:53,146
You've already
ruined your career.
938
00:42:54,338 --> 00:42:56,375
You go down for murder,
939
00:42:57,241 --> 00:42:59,778
you're looking
at 25-to-life.
940
00:43:05,983 --> 00:43:07,826
What if we make a deal?
941
00:43:12,323 --> 00:43:13,859
Four-to-12.
942
00:43:15,259 --> 00:43:16,601
Three-to-nine.
943
00:43:17,827 --> 00:43:20,000
Or we start shopping
for hotel rooms.
944
00:43:46,756 --> 00:43:50,033
The Smith and Flannery file, in
case the feds come knocking.
945
00:43:50,093 --> 00:43:52,869
Cook and Weathers were sentenced.
The case is off the front page.
946
00:43:52,929 --> 00:43:55,000
Yeah. Till the next one.
74225
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