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In the criminal justice
system,
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sexually based offenses
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are considered
especially heinous.
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In New York City,
the dedicated detectives
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who investigate
these vicious felonies
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are members of an elite squad
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known as
the Special Victims Unit.
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These are their stories.
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Is everything all right?
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Dominick Carisi
is being held hostage.
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If we can't breach,
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we have to hear
their demands.
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I don't want any more blood
on my hands.
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Do you?
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What do we have here?
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I've been gone a long time.
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Boyd! Boyd, you gotta focus
right now!
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I am sick and tired of
listening to your big mouth!
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Your friend is dangerous.
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You are going to be held
criminally liable
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for whatever he does today.
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Help me,
and I will go to bat for you.
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Hey, Counselor.
Will I do time?
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You kidding me?
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If you're acting
in the defense of others,
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that is self-defense.
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Here we go.
That's it, that's it.
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Get on your knees!
Get down right now!
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I thought you said
you were going to help me!
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You're safe now. We got you.
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He's not OK, is he?
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Mr. Carisi, hi.
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Thanks for coming all
the way over to Brooklyn.
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Yeah, of course.
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This is my wife,
Amanda Rollins.
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Hi.
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Hope you didn't
take the morning off,
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because I'm in a bit of a rush.
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I'm just here
for moral support.
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Please take a seat.
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So I heard you, uh,
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have a meeting with Deonte's
defense later today.
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Yes, I do.
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I was just about to head
to Rikers when you called,
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but I'm assuming that's
not just a coincidence.
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Well, you're going to them?
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That's--that's a bit of
a power play, isn't it?
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Well, I'm sure
this Vaughn guy
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just wants the strongest result
for his client.
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As I do for mine,
the people of New York.
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Well, what deal are
you offering?
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15 years for felony murder in
the second of the deli clerk.
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Ali Imran.
That's his name.
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OK, thank you.
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Plus a few years tacked on
for armed robbery.
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OK, what about
the other charges?
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What other charges?
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Yeah, well, Deonte is liable
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for a lot more than just--
just murder.
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I-I was there.
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I personally
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witnessed him aid, encourage,
and facilitate
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a veritable avalanche
of chargeable felonies.
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Avalanche? Such as?
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Well, it's all in here.
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But for starters,
Unlawful Imprisonment,
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Felony Assault, Rape One.
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Rape One?
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Well, you're familiar
with Tess Milburn?
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Yes, of course.
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The young woman who was raped
in the deli's cooler.
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Well,
she deserves justice too.
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The ADA who
transferred me this case
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told me it was
the weakest charge.
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Look, I know this isn't
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what you both want to hear,
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but I told you I'm driving
to Rikers to offer a deal.
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So.
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15 years, huh?
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Yeah, and that's a long time,
Mr. Carisi.
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You should be happy.
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Yeah, well,
it's not long enough for me.
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But what do I know?
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It's not my case, right?
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Velasco, Fin,
any luck finding Tess?
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We started checking
her last knowns yesterday
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just as
soon as you asked.
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- And?
- So far no luck.
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Did you call her parents?
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Her mom's the one who
put the Facebook post up.
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She's been missing a week.
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Hey, Elizabeth,
the other girl in the deli.
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She might know where she is.
- Yeah, they're tight.
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Well, they were.
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Elizabeth said on the phone
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that her and Tess had
some kind of falling out.
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About what?
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We couldn't talk to her long.
She was at work.
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Just got a job
as a preschool teacher.
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Which one?
I-I'll go talk to her.
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Carisi, I thought you said
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this wasn't even
going to go to trial.
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It's not. So what?
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I-I can't just be worried
about Tess?
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What if she's in trouble?
Or--or worse?
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Let's not get ahead
of ourselves, right?
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How about I grab Rollins,
we go to the preschool.
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We'll find her.
Don't worry.
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You mean I talked you into
coming all the way over here
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and all you have to offer
is a lousy 15 years?
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And for what?
I didn't do nothing.
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My client shot the man who
forced him, under great duress,
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to participate in the robbery,
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and in so doing,
saved three lives.
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I may be able to shave a few
years off the robbery charge,
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but there's nothing
I can do about the murder.
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But--but--
I didn't shoot the deli guy.
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I-I didn't. I didn't.
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What don't you understand?
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It happened in the commission
of the robbery.
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Carisi told me it would
be self-defense if I shot Boyd.
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Did he lie to me?
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You're surprised
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a lawyer lied to you
during a hostage standoff?
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If this goes to trial,
he could get life.
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Wait, life?
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00:04:26,570 --> 00:04:28,354
Wait, she's kidding, right?
- No, don't worry.
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If they had any substantial
evidence on the other charges,
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they wouldn't
be offering a deal.
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What the hell do you even have?
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Last time I saw Tess...
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things didn't go so well.
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How? How so?
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I'm a preschool teacher,
not a drug expert,
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but she seemed
to be self-medicating.
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You think she was high?
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We only want to help.
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Right? We're not here to
arrest her for drug possession.
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I had Tess over to my place.
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We talked, but things
just weren't the same.
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You know what I mean?
- I do.
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Anyway, after Tess left,
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I noticed my new laptop
was missing.
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Mm, OK.
Do you have a tracker on it?
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00:05:08,743 --> 00:05:12,093
Yeah. It looks like it's on
some sketchy block in Jersey.
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You have any idea which one?
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00:05:17,142 --> 00:05:20,362
It looks like Elizabeth's
computer is in this building.
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Hopefully, Tess is here too.
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I had Corgan run the record
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of every resident
in the building.
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And?
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Looks like the guy in 1C,
Marquee Wallace,
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got hit with criminal sales
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of a controlled substance
six months ago.
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Well, let's start there.
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Oh what is this?
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NYPD.
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Yeah, no kidding.
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We're looking
for Tess Milburn.
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Yo, where's your warrant, bro?
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Where is Tess Milburn?
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Liv, over here.
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But you can't just
come in my spot like this
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without a warrant.
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This is illegal.
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Where is she?
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Where is she?
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Tess?
Tess.
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00:06:01,404 --> 00:06:02,839
Hey.
- OK, she's OD-ing.
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I need Narcan.
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Hey.
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Here we go.
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OK.
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Come on, Tess, breathe.
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No, we're still waiting
on Tess's prognosis.
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Ah, Amanda just got here.
We'll call you back, OK?
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That is your husband
worried about Tess.
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He's going to be worried
about both those girls
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until they're married
with kids.
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Dr. Sloane.
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How's Tess Milburn?
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Stable, at least for now.
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She had fentanyl and benzos
in her system.
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OK, I know this is premature,
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00:07:28,926 --> 00:07:31,232
but any estimate of when
she might be discharged?
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She's on a witness list
for a pending trial.
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Detox from benzos
is pretty grueling.
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Next few days ought
to be telling.
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OK, well, we don't want
to make things worse,
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but we do need to talk to her.
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She'll be out of it,
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but I don't see any reason why
you couldn't try.
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OK.
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Tess?
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Who are you?
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Hi. We're with the NYPD.
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We were there that day
outside the deli.
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What happened to you
was horrific.
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00:08:00,392 --> 00:08:01,871
We want to help you.
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00:08:01,872 --> 00:08:03,656
You want to help me?
Well, take me home.
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To Utah?
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00:08:05,049 --> 00:08:07,181
Your mom and dad are
very worried about you
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00:08:07,182 --> 00:08:08,487
and they're on their way here.
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00:08:08,488 --> 00:08:10,489
No! I don't want them
to see me like this!
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I need to go home!
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00:08:11,708 --> 00:08:13,840
You mean to that place
in Trenton?
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00:08:13,841 --> 00:08:15,145
I need to go back.
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00:08:15,146 --> 00:08:17,626
No, no, no.
We--we, uh, we can't do that.
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00:08:17,627 --> 00:08:19,323
How did you even find me?
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00:08:19,324 --> 00:08:22,022
Well, what matters, Tess,
is that we did find you.
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00:08:22,023 --> 00:08:23,632
And you're safe now.
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00:08:23,633 --> 00:08:26,244
It doesn't feel like it.
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00:08:28,420 --> 00:08:31,771
OK, so why don't
we let you rest?
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00:08:31,772 --> 00:08:33,295
We'll come back later.
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00:08:37,473 --> 00:08:38,560
Where is Marquee Wallace?
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00:08:38,561 --> 00:08:39,735
Arrested him for possession.
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00:08:39,736 --> 00:08:41,215
But one of his crew
bailed him out.
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00:08:41,216 --> 00:08:43,086
Well, Tess is in a rush
to get back to him.
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00:08:43,087 --> 00:08:44,566
Yeah,
that's the drugs talking.
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00:08:44,567 --> 00:08:47,134
Yeah, and we have to
watch her until she's detoxed.
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00:08:47,135 --> 00:08:49,179
Well, we can't cuff her
to the bed, right?
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00:08:49,180 --> 00:08:50,659
No.
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00:08:50,660 --> 00:08:52,705
So we're going to have
to put a uni outside her door.
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00:08:52,706 --> 00:08:55,404
You know what?
I'll do it.
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00:08:57,624 --> 00:08:59,102
Velasco, are you sure?
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00:08:59,103 --> 00:09:02,105
Captain,
I was there at the deli.
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00:09:02,106 --> 00:09:03,978
I'll never forget that scream.
228
00:09:06,415 --> 00:09:08,155
Look, I know Tess
has been through hell,
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00:09:08,156 --> 00:09:10,592
but when do you think she's
going to be able to testify?
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00:09:10,593 --> 00:09:12,028
I mean, it's hard to say.
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00:09:12,029 --> 00:09:13,464
She's in the early stages
of withdrawal.
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00:09:13,465 --> 00:09:15,815
She can barely think clearly
right now,
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00:09:15,816 --> 00:09:17,294
let alone do trial prep.
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00:09:17,295 --> 00:09:19,514
Well, how soon can
we get her detoxed?
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00:09:19,515 --> 00:09:21,211
Well, there are
a couple of treatments
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00:09:21,212 --> 00:09:22,909
that may help
accelerate things,
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00:09:22,910 --> 00:09:24,693
but then we have
to get her to agree.
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00:09:24,694 --> 00:09:25,999
Oh, I'm not entirely selfish.
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00:09:26,000 --> 00:09:27,609
I do want her clean
for her own health.
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00:09:27,610 --> 00:09:29,480
But her testifying in court,
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00:09:29,481 --> 00:09:31,613
it could be the North Star that
helps her navigate all this.
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00:09:31,614 --> 00:09:34,137
Whether or not Mosley
gets convicted of her assault.
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00:09:34,138 --> 00:09:36,618
Speaking of which,
I'm due at the courthouse.
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00:09:36,619 --> 00:09:37,967
For?
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00:09:37,968 --> 00:09:41,057
Rourke got word
from Mosley's defense team.
246
00:09:41,058 --> 00:09:44,147
Looks like they're trying
to exclude my testimony.
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00:09:44,148 --> 00:09:46,410
And if he's successful
with this motion,
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00:09:46,411 --> 00:09:47,977
we're going to need Tess
more than ever.
249
00:09:47,978 --> 00:09:49,284
So keep working on it.
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00:09:54,550 --> 00:09:55,506
Mr. Vaughn,
you're filing a motion...
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00:09:56,552 --> 00:09:58,422
To exclude
ADA Carisi's testimony
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00:09:58,423 --> 00:10:00,773
in the case of The People
versus Deonte Mosley.
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00:10:00,774 --> 00:10:02,122
We are, Your Honor.
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00:10:02,123 --> 00:10:03,993
This is ridiculous.
On what possible grounds?
255
00:10:03,994 --> 00:10:05,386
That's what we're here for.
256
00:10:05,387 --> 00:10:07,518
I intend to show
legitimate legal grounds.
257
00:10:07,519 --> 00:10:10,391
Mr. Carisi is the key witness
in this case.
258
00:10:10,392 --> 00:10:12,219
Defense is wasting
the Court's time.
259
00:10:12,220 --> 00:10:14,047
That's for me to decide,
Miss Rourke.
260
00:10:14,048 --> 00:10:15,526
Mr. Vaughn, continue.
261
00:10:15,527 --> 00:10:17,703
We believe that
as a prominent ADA
262
00:10:17,704 --> 00:10:20,531
in the Manhattan court system,
Mr. Carisi's testimony
263
00:10:20,532 --> 00:10:22,969
will unduly prejudice
the jury against my client.
264
00:10:22,970 --> 00:10:24,274
He was the victim here.
265
00:10:24,275 --> 00:10:26,189
And no one's contesting that.
266
00:10:26,190 --> 00:10:28,061
But we'd argue that
his position
267
00:10:28,062 --> 00:10:30,499
will carry undue weight
with the jury.
268
00:10:34,634 --> 00:10:35,590
Hey.
269
00:10:35,591 --> 00:10:37,157
How'd it go in court?
- Good.
270
00:10:37,158 --> 00:10:38,724
Judge denied Vaughn's motion
to exclude me as a witness.
271
00:10:38,725 --> 00:10:40,247
- Well, that's good news.
- I'm here to see Tess.
272
00:10:40,248 --> 00:10:42,379
How's she doing?
- Her blood pressure dropped.
273
00:10:42,380 --> 00:10:43,729
The doctor's in with her now.
274
00:10:43,730 --> 00:10:45,992
Tess Milburn,
I want to see her right now.
275
00:10:45,993 --> 00:10:47,428
I'm sorry, sir,
that's not possible.
276
00:10:47,429 --> 00:10:49,822
Stop lying.
Where is Tess Milburn?
277
00:10:49,823 --> 00:10:50,910
Right now!
Come on, type it in.
278
00:10:50,911 --> 00:10:51,911
Yo, yo, yo. Hey, hey.
279
00:10:51,912 --> 00:10:52,912
Yo, don't touch me, bro.
280
00:10:52,913 --> 00:10:54,000
Let's go take a walk.
281
00:10:54,001 --> 00:10:55,175
I'm here to see my
girlfriend.
282
00:10:55,176 --> 00:10:56,350
I understand.
Let's go talk outside.
283
00:10:56,351 --> 00:10:57,786
Come on.
- That guy's not going to quit.
284
00:10:57,787 --> 00:10:59,135
Yeah, well, neither am I.
285
00:10:59,136 --> 00:11:00,528
She's seizing.
286
00:11:00,529 --> 00:11:02,051
I need some help.
287
00:11:05,142 --> 00:11:07,101
I have no pulse.
288
00:11:08,755 --> 00:11:10,451
Oxygen level's dropping.
289
00:11:13,716 --> 00:11:14,760
Clear.
290
00:11:16,588 --> 00:11:18,720
Still no pulse.
291
00:11:18,721 --> 00:11:19,721
Clear.
292
00:11:23,247 --> 00:11:25,118
Starting compressions.
293
00:11:28,644 --> 00:11:31,211
Milligram of epi.
294
00:11:31,212 --> 00:11:33,126
Clear.
295
00:11:41,831 --> 00:11:44,180
Sinus rhythm.
She's back.
296
00:11:46,662 --> 00:11:48,271
Hey.
Is she going to be all right?
297
00:11:48,272 --> 00:11:51,013
She's young. Strong heart.
We've got that in our favor.
298
00:11:51,014 --> 00:11:52,319
So what next?
299
00:11:52,320 --> 00:11:53,407
We'll keep
a close eye on her,
300
00:11:53,408 --> 00:11:55,017
but I think
we're past the worst.
301
00:11:56,977 --> 00:11:59,153
Thank you, Doctor.
302
00:12:00,284 --> 00:12:01,458
You done for the day?
303
00:12:01,459 --> 00:12:03,025
Uh, I'll see you at home.
304
00:12:03,026 --> 00:12:05,636
I gotta--
I gotta make a quick stop.
305
00:12:17,824 --> 00:12:19,389
Hey.
Can I sit down?
306
00:12:19,390 --> 00:12:20,564
No, Carisi, I'm eating.
307
00:12:20,565 --> 00:12:21,652
I see that. I just gotta--
308
00:12:21,653 --> 00:12:22,697
I gotta tell you something.
309
00:12:22,698 --> 00:12:24,220
Couldn't wait till tomorrow?
310
00:12:24,221 --> 00:12:25,482
Look.
311
00:12:25,483 --> 00:12:27,789
Tess Milburn had
a close call today.
312
00:12:27,790 --> 00:12:29,704
But she's going to be--
313
00:12:29,705 --> 00:12:31,227
she's going to be able
to testify.
314
00:12:31,228 --> 00:12:33,055
Well, that is very nice
to hear,
315
00:12:33,056 --> 00:12:34,970
but I told you the rape is our
weakest charge.
316
00:12:34,971 --> 00:12:36,711
Well, let's see
how a jury feels
317
00:12:36,712 --> 00:12:38,757
when they hear how
I watched Deonte Mosley
318
00:12:38,758 --> 00:12:40,062
casually eat a bag
of potato chips
319
00:12:40,063 --> 00:12:42,021
while Tess was raped
a few feet away.
320
00:12:42,022 --> 00:12:44,240
- OK.
- Huh?
321
00:12:44,241 --> 00:12:46,025
Look, just--
322
00:12:46,026 --> 00:12:47,591
just tell me that you'll talk
to her,
323
00:12:47,592 --> 00:12:49,593
that you'll--you'll get
her side of the story.
324
00:12:49,594 --> 00:12:51,509
Fine, if it will
get you off my back.
325
00:12:53,076 --> 00:12:54,729
I also have some thoughts
about your voir dire.
326
00:12:54,730 --> 00:12:57,253
Fine, please.
327
00:12:57,254 --> 00:12:59,125
At voir dire,
328
00:12:59,126 --> 00:13:01,562
when you're interviewing
potential female jurors,
329
00:13:01,563 --> 00:13:02,868
just make sure you ask them
330
00:13:02,869 --> 00:13:05,045
about their experience
with sexual assault.
331
00:13:07,090 --> 00:13:08,134
Oh, that was it?
332
00:13:08,135 --> 00:13:09,309
That's it.
333
00:13:09,310 --> 00:13:10,745
You happy?
334
00:13:10,746 --> 00:13:12,573
Yeah, I will be when
Deonte Mosley is in prison.
335
00:13:12,574 --> 00:13:13,879
Vaughn seems to think
336
00:13:13,880 --> 00:13:16,230
you have a personal vendetta
against this kid.
337
00:13:17,753 --> 00:13:19,101
Maybe I do.
338
00:13:19,102 --> 00:13:20,146
What's that about?
339
00:13:20,147 --> 00:13:21,147
The guns.
340
00:13:21,148 --> 00:13:22,191
The guns?
341
00:13:22,192 --> 00:13:23,540
Been thinking about it.
342
00:13:23,541 --> 00:13:24,846
Boyd Lynch only
got out of prison
343
00:13:24,847 --> 00:13:26,413
a few hours before
he committed that robbery.
344
00:13:26,414 --> 00:13:28,807
And yet, somehow, magically,
he winds up with a gun.
345
00:13:28,808 --> 00:13:30,373
How did that happen?
346
00:13:30,374 --> 00:13:31,853
Deonte Mosley?
347
00:13:31,854 --> 00:13:34,160
Boyd didn't get 'em
in prison.
348
00:13:34,161 --> 00:13:35,422
Deonte brought those guns.
349
00:13:35,423 --> 00:13:38,077
Deonte gave him one.
350
00:13:38,078 --> 00:13:39,426
Therefore,
351
00:13:39,427 --> 00:13:41,690
everything that happened
in that deli is on him.
352
00:13:45,041 --> 00:13:46,781
Go home.
353
00:13:46,782 --> 00:13:49,698
Start thinking about
your testimony, Carisi.
354
00:13:51,004 --> 00:13:52,395
And hey.
355
00:13:52,396 --> 00:13:54,397
If you have any professional
respect for me at all
356
00:13:54,398 --> 00:13:56,486
as a prosecutor, please
stay away from the courthouse
357
00:13:56,487 --> 00:13:58,098
until I need you for prep.
358
00:14:07,020 --> 00:14:08,672
A good sign.
You got your appetite back.
359
00:14:08,673 --> 00:14:10,674
You gave us quite a scare.
360
00:14:10,675 --> 00:14:12,328
- Sorry.
- No, please.
361
00:14:12,329 --> 00:14:13,721
It's part of the job.
362
00:14:13,722 --> 00:14:15,418
About that.
363
00:14:15,419 --> 00:14:17,899
You had a visitor last night.
364
00:14:17,900 --> 00:14:20,075
- Marquee?
- Yeah.
365
00:14:20,076 --> 00:14:23,862
I'm assuming that you know
that he has a criminal record.
366
00:14:23,863 --> 00:14:26,560
I obviously know
he sells drugs.
367
00:14:26,561 --> 00:14:28,562
You know, did you know
he has a record
368
00:14:28,563 --> 00:14:31,347
for robbery
in the first degree?
369
00:14:31,348 --> 00:14:35,917
So last year,
he robbed a couple at gunpoint.
370
00:14:35,918 --> 00:14:37,397
Why isn't he in jail, then?
371
00:14:37,398 --> 00:14:39,660
Well, the victims decided
not to testify,
372
00:14:39,661 --> 00:14:41,010
so the case got dropped.
373
00:14:45,406 --> 00:14:47,015
So...
374
00:14:47,016 --> 00:14:50,932
nobody knows what you
went through in that cooler.
375
00:14:50,933 --> 00:14:53,240
You're right.
You don't.
376
00:14:54,676 --> 00:14:56,286
Maybe it would help
to get it out.
377
00:14:57,635 --> 00:14:59,810
You know, a pain like that...
378
00:14:59,811 --> 00:15:03,553
it only gets worse unless
you do something about it.
379
00:15:03,554 --> 00:15:05,164
Like what?
380
00:15:07,036 --> 00:15:09,951
The guy you're really mad at
is dead.
381
00:15:09,952 --> 00:15:14,477
But you can face his accomplice
on the stand.
382
00:15:14,478 --> 00:15:15,826
Deonte Mosley?
383
00:15:15,827 --> 00:15:17,263
But he didn't rape me.
384
00:15:17,264 --> 00:15:18,438
Deonte had a gun.
385
00:15:18,439 --> 00:15:19,787
He could stop Boyd at any time.
386
00:15:19,788 --> 00:15:21,702
And he chose not to.
387
00:15:21,703 --> 00:15:23,312
Until it suited him.
388
00:15:25,837 --> 00:15:27,577
What do I have to do?
389
00:15:27,578 --> 00:15:29,928
Tell your story on the stand.
390
00:15:29,929 --> 00:15:33,409
Along with Elizabeth
and my husband.
391
00:15:33,410 --> 00:15:36,412
You know, and if the three
of you stick together
392
00:15:36,413 --> 00:15:38,762
like you did in that deli...
393
00:15:40,940 --> 00:15:45,291
Maybe all three of you
can take your power back.
394
00:15:54,779 --> 00:15:56,606
Counselor Rourke.
395
00:15:56,607 --> 00:15:58,173
Captain.
396
00:15:58,174 --> 00:16:00,393
Ready to prep your testimony?
- I am.
397
00:16:00,394 --> 00:16:02,264
I also wanted to thank you.
398
00:16:02,265 --> 00:16:03,700
For?
399
00:16:03,701 --> 00:16:06,051
For going ahead
with the rape charge.
400
00:16:06,052 --> 00:16:07,791
- My bosses aren't thrilled.
- Ah.
401
00:16:07,792 --> 00:16:09,054
But I prepped Tess
this morning
402
00:16:09,055 --> 00:16:11,621
and she's a compelling witness.
403
00:16:11,622 --> 00:16:14,668
Before you get your hopes up,
a conviction on the rape charge
404
00:16:14,669 --> 00:16:17,367
isn't just a long shot,
it's a moon shot.
405
00:16:18,499 --> 00:16:20,022
I understand.
406
00:16:24,679 --> 00:16:26,506
- Ready?
- Yeah.
407
00:16:26,507 --> 00:16:28,247
Captain Benson,
408
00:16:28,248 --> 00:16:30,075
can you tell the jury
what you saw
409
00:16:30,076 --> 00:16:31,685
when you arrived at the deli
410
00:16:31,686 --> 00:16:34,470
on the corner of Madison and
James on the day in question?
411
00:16:34,471 --> 00:16:38,300
I saw ADA Carisi through
the glass of the locked door,
412
00:16:38,301 --> 00:16:39,736
and I...
413
00:16:39,737 --> 00:16:43,262
saw a look on his face
that I'd never seen before.
414
00:16:43,263 --> 00:16:44,960
What look was that?
415
00:16:46,222 --> 00:16:49,050
Genuine fear.
416
00:16:49,051 --> 00:16:51,966
I immediately got in a car,
headed down to the scene,
417
00:16:51,967 --> 00:16:53,968
so I was listening to
the whole thing on my radio.
418
00:16:53,969 --> 00:16:55,317
What did you hear?
419
00:16:55,318 --> 00:16:57,363
There was an armed robbery
that was in progress
420
00:16:57,364 --> 00:16:59,408
that had turned into
a hostage situation.
421
00:16:59,409 --> 00:17:02,803
Two male perpetrators,
including the defendant.
422
00:17:02,804 --> 00:17:04,631
Who were the hostages?
423
00:17:04,632 --> 00:17:07,895
The deli clerk, Ali Imran,
and two young women,
424
00:17:07,896 --> 00:17:09,853
Elizabeth Alden, Tess Milburn.
425
00:17:09,854 --> 00:17:12,856
- Mm.
- And ADA Carisi.
426
00:17:12,857 --> 00:17:14,772
What else did you hear?
427
00:17:16,383 --> 00:17:18,124
Um...
428
00:17:19,690 --> 00:17:21,169
A gunshot.
429
00:17:21,170 --> 00:17:23,389
At first, there was
no information on--
430
00:17:23,390 --> 00:17:24,520
on who had even been hit.
431
00:17:24,521 --> 00:17:26,828
And when did that
make you think?
432
00:17:33,748 --> 00:17:36,576
I thought my husband
had been killed.
433
00:17:40,798 --> 00:17:42,408
Are you OK?
434
00:17:42,409 --> 00:17:44,192
Um...
435
00:17:44,193 --> 00:17:46,151
I can give you space
if you want privacy.
436
00:17:46,152 --> 00:17:48,370
No. I'm sorry.
437
00:17:50,243 --> 00:17:52,548
I just, um...
438
00:17:54,464 --> 00:17:57,423
It's that whole day,
439
00:17:57,424 --> 00:18:00,469
I wasn't sure if I was
going to see my--
440
00:18:00,470 --> 00:18:01,992
see my husband again.
441
00:18:01,993 --> 00:18:06,910
And, um, I'm not sure
that I have yet.
442
00:18:06,911 --> 00:18:09,436
Part of him is still trapped
in that deli.
443
00:18:11,002 --> 00:18:14,267
He's not going to be free
until you win this case.
444
00:18:16,443 --> 00:18:20,315
I will try my best,
Sergeant Rollins.
445
00:18:22,753 --> 00:18:24,580
And so will I.
446
00:18:24,581 --> 00:18:26,582
Not on the stand.
447
00:18:28,803 --> 00:18:31,326
I need to be strong for him.
448
00:18:37,899 --> 00:18:40,030
Did you or did you not
tell my client
449
00:18:40,031 --> 00:18:41,510
that shooting Boyd Lynch
would be considered
450
00:18:41,511 --> 00:18:44,513
an act of self-defense
in the eyes of the law?
451
00:18:44,514 --> 00:18:46,167
- Yes, but what I--
- And seeing as
452
00:18:46,168 --> 00:18:48,300
you're an acting ADA,
my client, a young Black man
453
00:18:48,301 --> 00:18:50,867
with little to no education,
took you at your word.
454
00:18:50,868 --> 00:18:52,391
Come on.
His skin color, really?
455
00:18:52,392 --> 00:18:53,870
You think Vaughn's going to try
to play the race card?
456
00:18:53,871 --> 00:18:55,698
Yes, I do,
so I'm going to ask you again.
457
00:18:55,699 --> 00:18:57,047
You must have known my client
458
00:18:57,048 --> 00:18:59,137
would take your advice
as an expert on the law
459
00:18:59,138 --> 00:19:00,922
and shoot his accomplice.
460
00:19:09,974 --> 00:19:11,975
There you are.
461
00:19:11,976 --> 00:19:14,717
How'd it go?
- It was fine.
462
00:19:14,718 --> 00:19:17,285
It was fine?
Really?
463
00:19:17,286 --> 00:19:18,982
Rourke's a little worried
that, uh,
464
00:19:18,983 --> 00:19:20,332
Vaughn's going to
try to rattle me
465
00:19:20,333 --> 00:19:23,161
until I, you know,
blow my stack.
466
00:19:23,162 --> 00:19:24,858
How do you feel about that?
467
00:19:24,859 --> 00:19:26,164
He can try all he wants.
468
00:19:26,165 --> 00:19:29,689
I'm going to stay calm
and collected.
469
00:19:29,690 --> 00:19:31,169
Well, I'm glad to hear that.
470
00:19:31,170 --> 00:19:33,562
Cause, you know, we...
471
00:19:34,564 --> 00:19:36,261
Really need to win this case.
472
00:19:36,262 --> 00:19:40,656
And not just for Tess
and not just for Elizabeth...
473
00:19:40,657 --> 00:19:42,658
but for you.
474
00:19:44,531 --> 00:19:49,317
Look, I know you don't
like to hear this.
475
00:19:49,318 --> 00:19:52,494
But you're a victim, too,
in all this.
476
00:20:05,552 --> 00:20:07,292
Hey, Tess.
477
00:20:07,293 --> 00:20:09,642
How you feeling?
- Uh, good.
478
00:20:09,643 --> 00:20:11,252
I finally talked to Elizabeth
479
00:20:11,253 --> 00:20:13,559
and apologized
for stealing her laptop.
480
00:20:13,560 --> 00:20:14,951
Good.
Congratulations.
481
00:20:14,952 --> 00:20:16,431
That must feel good, right?
482
00:20:16,432 --> 00:20:17,998
She says I might even
be able to stay at her place
483
00:20:17,999 --> 00:20:19,260
until I get on my feet.
484
00:20:19,261 --> 00:20:20,914
- That's a good option.
- Yeah.
485
00:20:20,915 --> 00:20:22,350
After the trial.
486
00:20:22,351 --> 00:20:23,699
I don't understand.
487
00:20:23,700 --> 00:20:26,876
Well, you know,
Elizabeth is testifying today.
488
00:20:26,877 --> 00:20:28,356
And so until you're called,
489
00:20:28,357 --> 00:20:30,184
we just want to make sure
you're safe,
490
00:20:30,185 --> 00:20:32,142
so we got you a hotel room.
491
00:20:32,143 --> 00:20:33,318
OK.
492
00:20:33,319 --> 00:20:36,625
And NYPD is lending
you a new phone.
493
00:20:36,626 --> 00:20:37,974
I don't know
how to thank you.
494
00:20:37,975 --> 00:20:39,411
You already have.
495
00:20:39,412 --> 00:20:40,977
By testifying.
496
00:20:40,978 --> 00:20:43,806
So Detective Velasco is going
to drive you to your hotel
497
00:20:43,807 --> 00:20:45,243
and then he's going
to wait there
498
00:20:45,244 --> 00:20:46,722
and then drive you
to the courthouse.
499
00:20:46,723 --> 00:20:48,507
OK?
500
00:20:48,508 --> 00:20:50,204
Hi Tess.
You ready?
501
00:20:50,205 --> 00:20:51,684
I guess so.
502
00:20:51,685 --> 00:20:52,598
Yeah.
503
00:20:52,599 --> 00:20:54,208
Hey, you're going to do great,
504
00:20:54,209 --> 00:20:55,644
- Mm.
- OK?
505
00:20:55,645 --> 00:20:58,561
So you know,
we're all looking out for you.
506
00:21:03,914 --> 00:21:06,264
I'm confident that
after hearing all the evidence
507
00:21:06,265 --> 00:21:08,440
and the testimony
of the witnesses,
508
00:21:08,441 --> 00:21:10,877
we will have proven to each
and every one of you
509
00:21:10,878 --> 00:21:13,575
beyond a reasonable doubt that
the defendant, Deonte Mosley,
510
00:21:13,576 --> 00:21:16,709
is guilty of four counts
of armed robbery
511
00:21:16,710 --> 00:21:18,754
and guilty
by accomplice liability
512
00:21:18,755 --> 00:21:21,496
of the second-degree murder
of Ali Imran,
513
00:21:21,497 --> 00:21:23,890
rape in the first
of Tess Milburn,
514
00:21:23,891 --> 00:21:26,936
and murder in the second
of Boyd Lynch,
515
00:21:26,937 --> 00:21:30,244
his partner
in this horrific crime.
516
00:21:30,245 --> 00:21:31,854
Thank you.
517
00:21:31,855 --> 00:21:33,943
- How's Tess?
- Yeah, she's great.
518
00:21:33,944 --> 00:21:36,424
- Mr. Vaughn.
- She's with Velasco.
519
00:21:36,425 --> 00:21:39,253
Thank you, Your Honor.
520
00:21:39,254 --> 00:21:41,386
Ladies and gentlemen
of the jury,
521
00:21:41,387 --> 00:21:46,086
there is one thing the
prosecution has to prove
522
00:21:46,087 --> 00:21:48,088
beyond a reasonable doubt:
523
00:21:48,089 --> 00:21:49,611
intent.
524
00:21:49,612 --> 00:21:54,268
The truth is, it was never
Deonte Mosley's intent
525
00:21:54,269 --> 00:21:56,096
to commit any of those crimes.
526
00:21:56,097 --> 00:21:58,272
The facts will show
527
00:21:58,273 --> 00:22:03,016
that Deonte's only true intent
was to end a hostage standoff
528
00:22:03,017 --> 00:22:04,931
without further loss of life
529
00:22:04,932 --> 00:22:08,108
by shooting Boyle Lynch
in defense of others.
530
00:22:08,109 --> 00:22:11,241
And thank God he did.
531
00:22:11,242 --> 00:22:13,592
Deonte Mosley should
be hailed a hero,
532
00:22:13,593 --> 00:22:15,463
not prosecuted
at the insistence
533
00:22:15,464 --> 00:22:17,596
of some vengeful ADA.
534
00:22:17,597 --> 00:22:19,511
Now, ladies and gentlemen, I--
535
00:22:19,512 --> 00:22:22,732
I can't blame ADA Carisi
for feeling vengeful.
536
00:22:24,647 --> 00:22:28,389
But vengeance should never
inform the rule of law.
537
00:22:28,390 --> 00:22:29,652
Thank you.
538
00:22:34,788 --> 00:22:37,572
After the clerk,
Ali Imran, was shot,
539
00:22:37,573 --> 00:22:41,533
our hostage response team was
able to install
540
00:22:41,534 --> 00:22:43,970
a fiberscope camera
into the rear wall
541
00:22:43,971 --> 00:22:46,233
through a small gap
in the venting.
542
00:22:46,234 --> 00:22:47,800
And what did you see?
543
00:22:47,801 --> 00:22:49,976
I saw two armed perpetrators.
544
00:22:49,977 --> 00:22:53,066
One was later identified
as Boyd Lynch,
545
00:22:53,067 --> 00:22:55,068
and the other Deonte Mosley.
546
00:22:55,069 --> 00:22:57,331
And where were the hostages
at this time?
547
00:22:57,332 --> 00:22:58,811
They were in
a walk-in cooler
548
00:22:58,812 --> 00:23:02,031
and we were able
to establish contact
549
00:23:02,032 --> 00:23:04,382
through Tess Milburn's
smartwatch,
550
00:23:04,383 --> 00:23:07,036
which was later confiscated.
551
00:23:07,037 --> 00:23:10,388
What happened to Tess after
you discovered this smartwatch?
552
00:23:10,389 --> 00:23:12,868
Boyd dragged Tess
back into the cooler
553
00:23:12,869 --> 00:23:16,437
and we found out that she was
sexually assaulted.
554
00:23:16,438 --> 00:23:18,918
Where was Deonte Mosley
during this assault?
555
00:23:18,919 --> 00:23:20,963
From what I saw
on the monitor,
556
00:23:20,964 --> 00:23:23,836
he stayed in the main area
of the deli.
557
00:23:23,837 --> 00:23:26,186
Did he do anything
to intervene?
558
00:23:26,187 --> 00:23:27,187
- No.
- Anything at all?
559
00:23:27,188 --> 00:23:28,494
He did nothing.
560
00:23:30,278 --> 00:23:31,888
Thank you, Captain.
561
00:23:34,587 --> 00:23:37,197
Captain Benson.
562
00:23:37,198 --> 00:23:40,418
You said the first time you
saw Deonte Mosley in the deli
563
00:23:40,419 --> 00:23:42,463
was on the fiberscope monitor.
564
00:23:42,464 --> 00:23:43,595
Yes.
565
00:23:43,596 --> 00:23:45,205
Roughly an hour
into the situation?
566
00:23:45,206 --> 00:23:46,467
Is that accurate?
567
00:23:46,468 --> 00:23:48,817
Yes, and I saw that
he was clearly armed.
568
00:23:48,818 --> 00:23:51,429
Did you see how
he got the gun or when?
569
00:23:51,430 --> 00:23:52,734
No.
570
00:23:52,735 --> 00:23:54,170
Did you see anything at all
that happened
571
00:23:54,171 --> 00:23:56,390
the minutes before Deonte
and Boyd entered the deli?
572
00:23:56,391 --> 00:24:00,612
All that I know was disclosed
to me by the three victims.
573
00:24:00,613 --> 00:24:02,918
I know that
Deonte Mosley was armed
574
00:24:02,919 --> 00:24:06,400
and that he had
ample opportunity to intervene
575
00:24:06,401 --> 00:24:10,796
in the murder of Ali Imran
and the rape of Tess Milburn,
576
00:24:10,797 --> 00:24:13,102
and he chose to do nothing.
577
00:24:13,103 --> 00:24:15,453
But you have
no direct knowledge
578
00:24:15,454 --> 00:24:17,542
to counter
my client's version of events.
579
00:24:17,543 --> 00:24:19,761
From what I heard
and what I saw,
580
00:24:19,762 --> 00:24:21,197
Deonte Mosley was armed
581
00:24:21,198 --> 00:24:23,461
and he seemed to be
an active participant.
582
00:24:23,462 --> 00:24:26,246
Seemed to be?
583
00:24:26,247 --> 00:24:29,771
You have no knowledge whether
Deonte himself was under duress
584
00:24:29,772 --> 00:24:32,122
or threatened by Boyd?
585
00:24:34,385 --> 00:24:36,386
No.
586
00:24:36,387 --> 00:24:37,953
Thank you.
587
00:24:37,954 --> 00:24:39,478
Nothing further.
588
00:24:42,350 --> 00:24:43,742
That morning,
589
00:24:43,743 --> 00:24:46,484
Tess and I had been out
for a walk along the river.
590
00:24:46,485 --> 00:24:49,574
We went into the deli
to get something cold to drink.
591
00:24:49,575 --> 00:24:51,227
And what happened?
592
00:24:51,228 --> 00:24:54,883
We were at the counter paying
when two armed men came in.
593
00:24:54,884 --> 00:24:58,234
Was one of those men
the defendant?
594
00:24:58,235 --> 00:24:59,453
Yes.
595
00:24:59,454 --> 00:25:00,933
Deonte Mosley.
596
00:25:00,934 --> 00:25:02,804
And then what happened next?
597
00:25:02,805 --> 00:25:04,763
His accomplice, Boyd,
598
00:25:04,764 --> 00:25:08,027
demanded we use our ATM cards
to take out cash.
599
00:25:08,028 --> 00:25:10,464
And where was Deonte
during this time?
600
00:25:10,465 --> 00:25:12,161
Holding a gun on the clerk,
Ali.
601
00:25:12,162 --> 00:25:15,774
And what did he do when
Mr. Carisi came in?
602
00:25:15,775 --> 00:25:19,038
Deonte pointed his gun at him
and took his cell phone,
603
00:25:19,039 --> 00:25:21,258
his wallet,
and his wedding ring.
604
00:25:23,217 --> 00:25:24,697
Thank you, Elizabeth.
605
00:25:27,700 --> 00:25:29,962
Miss Alden, I, uh...
606
00:25:29,963 --> 00:25:32,312
I'm sorry for what
you went through.
607
00:25:32,313 --> 00:25:34,140
I really am.
608
00:25:34,141 --> 00:25:38,667
But did Deonte Mosley ever
threaten you directly?
609
00:25:42,366 --> 00:25:43,628
No.
610
00:25:43,629 --> 00:25:46,369
Did he ever touch you?
611
00:25:46,370 --> 00:25:49,198
Look at you with menace?
612
00:25:49,199 --> 00:25:51,287
No, but he did have a gun.
613
00:25:51,288 --> 00:25:53,333
But you could tell that
he was not the one in charge,
614
00:25:53,334 --> 00:25:54,464
couldn't you?
615
00:25:57,425 --> 00:25:59,513
You're under oath, Miss Alden.
616
00:25:59,514 --> 00:26:02,124
It's a simple question.
617
00:26:02,125 --> 00:26:04,692
Did my client ever
give any of the orders?
618
00:26:07,783 --> 00:26:10,524
I guess not, no.
619
00:26:10,525 --> 00:26:15,268
In fact, it was Boyd Lynch
that made all the decisions.
620
00:26:15,269 --> 00:26:17,010
Wasn't it?
621
00:26:18,968 --> 00:26:20,055
Yes.
622
00:26:22,798 --> 00:26:24,103
Nothing further.
623
00:26:27,063 --> 00:26:28,716
Ms. Rourke,
your next witness.
624
00:26:35,463 --> 00:26:38,030
Tess.
625
00:26:38,031 --> 00:26:40,119
Tess, open up.
We're due in court.
626
00:26:41,382 --> 00:26:42,643
Where the hell
is Tess Milburn?
627
00:26:42,644 --> 00:26:43,862
We're trying to get
in touch with her now.
628
00:26:43,863 --> 00:26:45,254
Tess isn't answering.
629
00:26:45,255 --> 00:26:47,039
I had Velasco get security
to open up the doors.
630
00:26:47,040 --> 00:26:48,997
I thought you had her
someplace safe.
631
00:26:48,998 --> 00:26:50,651
We're going to have to ask
the judge for a continuance.
632
00:26:50,652 --> 00:26:51,870
Maybe I should
go to the hotel.
633
00:26:51,871 --> 00:26:53,349
I'll--I'll help Velasco.
- Oh, no.
634
00:26:53,350 --> 00:26:54,612
You're not going anywhere.
635
00:26:54,613 --> 00:26:55,874
If Tess is a no-show,
you're all I've got.
636
00:27:15,372 --> 00:27:17,984
Captain, we got a problem.
637
00:27:23,642 --> 00:27:25,251
Man, what the hell
are you doing back?
638
00:27:25,252 --> 00:27:26,556
Where's Tess?
639
00:27:26,557 --> 00:27:27,993
I don't know where
the hell she is, man!
640
00:27:27,994 --> 00:27:29,734
I'm telling you.
641
00:27:29,735 --> 00:27:30,952
Sh...
642
00:27:33,477 --> 00:27:36,044
He's telling the truth.
She's not here.
643
00:27:36,045 --> 00:27:38,352
Who else she buy from?
644
00:27:45,446 --> 00:27:47,839
Tess!
645
00:27:56,849 --> 00:27:58,066
Tess Milburn.
646
00:28:00,983 --> 00:28:02,854
Sarge!
647
00:28:02,855 --> 00:28:04,725
She's over here.
648
00:28:13,953 --> 00:28:15,823
I didn't do it.
649
00:28:15,824 --> 00:28:18,565
I wanted to.
650
00:28:18,566 --> 00:28:20,698
Why, Tess?
651
00:28:20,699 --> 00:28:24,832
I can't face
that guy in court.
652
00:28:24,833 --> 00:28:27,705
OK, we're going to get you
the help you need.
653
00:28:27,706 --> 00:28:29,924
But there's a lot of people
that need to hear
654
00:28:29,925 --> 00:28:31,534
every word you have to say.
655
00:28:31,535 --> 00:28:33,536
We're going to be with you
the whole time.
656
00:28:33,537 --> 00:28:34,712
OK?
657
00:28:45,549 --> 00:28:48,377
Boyd ran his hands
over my body.
658
00:28:48,378 --> 00:28:50,205
That's when
he found my smartwatch
659
00:28:50,206 --> 00:28:52,338
hidden in my jacket pocket.
660
00:28:52,339 --> 00:28:54,166
And where was Deonte?
661
00:28:54,167 --> 00:28:55,907
Uh, watching.
662
00:28:55,908 --> 00:28:57,256
Doing nothing.
663
00:28:57,257 --> 00:28:59,606
What did Boyd do next?
664
00:28:59,607 --> 00:29:02,217
I think he wanted
to punish me.
665
00:29:02,218 --> 00:29:03,871
He dragged me into the cooler.
666
00:29:03,872 --> 00:29:08,093
Did Mr. Mosley do anything
to intervene at that point?
667
00:29:08,094 --> 00:29:10,008
No.
668
00:29:10,009 --> 00:29:14,534
ADA Carisi tried, but Boyd hit
him in the head with his gun.
669
00:29:14,535 --> 00:29:17,232
Did Deonte do anything
at that point?
670
00:29:17,233 --> 00:29:18,843
Deonte just watched
671
00:29:18,844 --> 00:29:22,498
as Boyd dragged me
to the cooler and locked it.
672
00:29:22,499 --> 00:29:25,763
I know this is
hard to relive, Tess,
673
00:29:25,764 --> 00:29:27,677
but could you tell the jury
what happened to you
674
00:29:27,678 --> 00:29:30,028
once you were
inside the cooler?
675
00:29:34,816 --> 00:29:38,427
Boyd pulled down
my yoga pants.
676
00:29:40,561 --> 00:29:44,346
He made me take off
all my clothes.
677
00:29:44,347 --> 00:29:48,350
And then he made me
get down on my knees.
678
00:29:48,351 --> 00:29:51,266
He unzipped his pants--
679
00:29:51,267 --> 00:29:55,270
And he forced himself
into my mouth.
680
00:29:57,099 --> 00:29:58,317
I'm so sorry.
681
00:29:59,362 --> 00:30:00,972
What happened after that?
682
00:30:02,844 --> 00:30:07,630
When he was ready,
he turned me around.
683
00:30:07,631 --> 00:30:08,893
He bent me over.
684
00:30:08,894 --> 00:30:10,372
He raped me.
685
00:30:15,683 --> 00:30:19,120
How long were you
in the cooler with Mr. Lynch?
686
00:30:19,121 --> 00:30:20,774
It felt like forever.
687
00:30:20,775 --> 00:30:22,602
According to
the fiberscope video,
688
00:30:22,603 --> 00:30:24,865
you were in the cooler
for approximately 40 minutes.
689
00:30:24,866 --> 00:30:27,259
Does that sound right?
690
00:30:27,260 --> 00:30:28,477
Yes.
691
00:30:28,478 --> 00:30:30,479
And during that whole time,
692
00:30:30,480 --> 00:30:33,874
40 minutes, Deonte
never came near the cooler
693
00:30:33,875 --> 00:30:37,312
to intercede on your behalf,
did he?
694
00:30:42,275 --> 00:30:43,885
No.
695
00:30:45,844 --> 00:30:47,410
Nothing further.
696
00:30:48,759 --> 00:30:50,891
Mr. Vaughn?
697
00:30:53,199 --> 00:30:55,374
No questions, Your Honor.
698
00:30:55,375 --> 00:30:56,984
You may step down.
699
00:31:08,910 --> 00:31:10,345
Ms. Rourke.
700
00:31:10,346 --> 00:31:12,260
We call ADA Carisi.
701
00:31:16,831 --> 00:31:19,093
I push my way
back into the deli
702
00:31:19,094 --> 00:31:20,703
so that the two perpetrators
703
00:31:20,704 --> 00:31:23,010
cannot take an NYPD captain
as collateral.
704
00:31:23,011 --> 00:31:24,011
And then what happened?
705
00:31:24,012 --> 00:31:25,404
He was off to the side.
706
00:31:25,405 --> 00:31:27,710
He also had a gun in his hand.
707
00:31:27,711 --> 00:31:29,234
He exchanged a few words
with Boyd,
708
00:31:29,235 --> 00:31:30,713
and then he turned to me
and he asked
709
00:31:30,714 --> 00:31:33,934
if it would be considered
self-defense if he shot him.
710
00:31:33,935 --> 00:31:35,588
And what did you say?
711
00:31:35,589 --> 00:31:38,330
I said, if you're acting
in the defense of others,
712
00:31:38,331 --> 00:31:40,114
you better believe
that's self-defense.
713
00:31:40,115 --> 00:31:42,812
And what did
Deonte Mosley do?
714
00:31:42,813 --> 00:31:45,511
He shot his partner,
Boyd Lynch, killing him,
715
00:31:45,512 --> 00:31:48,035
to negate his accomplice
liability for the entire day.
716
00:31:48,036 --> 00:31:49,732
Objection. Speculation.
717
00:31:49,733 --> 00:31:52,474
Sustained.
The jury will disregard.
718
00:31:52,475 --> 00:31:54,521
Nothing further.
719
00:31:56,262 --> 00:31:58,437
Mr. Carisi,
you just admitted
720
00:31:58,438 --> 00:32:00,613
telling my client
that shooting Boyd Lynch
721
00:32:00,614 --> 00:32:02,789
would be an act
of self-defense.
722
00:32:02,790 --> 00:32:05,574
Well, I did what I had to do
to protect the lives
723
00:32:05,575 --> 00:32:07,489
of Elizabeth Alden
and myself, yeah.
724
00:32:07,490 --> 00:32:08,926
Well, you were successful.
725
00:32:08,927 --> 00:32:10,884
Yes. They had guns.
I had words.
726
00:32:10,885 --> 00:32:12,581
I used what was
available to me.
727
00:32:12,582 --> 00:32:14,453
So it is your contention that
728
00:32:14,454 --> 00:32:17,064
you did the right thing
at the end of the day?
729
00:32:17,065 --> 00:32:18,631
Absolutely.
730
00:32:18,632 --> 00:32:22,243
Wouldn't you consider
that my client did too?
731
00:32:22,244 --> 00:32:24,724
What your client did, uh,
732
00:32:24,725 --> 00:32:27,292
that was not self-defense,
that was self-preservation.
733
00:32:27,293 --> 00:32:30,773
If my client hadn't
killed Boyd Lynch,
734
00:32:30,774 --> 00:32:34,778
do you think you'd still
be alive today, Mr. Carisi?
735
00:32:37,651 --> 00:32:39,652
Maybe, maybe not.
736
00:32:39,653 --> 00:32:41,784
Did Boyd Lynch
take a shot at your head?
737
00:32:41,785 --> 00:32:43,917
Yes, when we were fighting
for control of his gun.
738
00:32:43,918 --> 00:32:45,614
Maybe your real anger
is at yourself.
739
00:32:45,615 --> 00:32:47,007
Myself?
740
00:32:47,008 --> 00:32:49,401
For unnecessarily
escalating a situation,
741
00:32:49,402 --> 00:32:51,011
forcing yourself
back in the deli
742
00:32:51,012 --> 00:32:53,318
right after Boyd Lynch was
about to set you free!
743
00:32:53,319 --> 00:32:55,059
And leave an NYPD captain,
744
00:32:55,060 --> 00:32:57,061
my former boss,
one of my closest friends
745
00:32:57,062 --> 00:32:58,758
in the hands of a murderer
and a rapist?
746
00:32:58,759 --> 00:33:00,107
Is that what you would do?
747
00:33:00,108 --> 00:33:01,935
Are you always that
hot-headed, Mr. Carisi?
748
00:33:01,936 --> 00:33:03,371
Objection.
749
00:33:03,372 --> 00:33:05,808
Withdrawn.
750
00:33:05,809 --> 00:33:06,940
Nothing further.
751
00:33:09,161 --> 00:33:11,337
Witness may step down.
752
00:33:21,434 --> 00:33:22,869
Wipe that smile
off your face.
753
00:33:22,870 --> 00:33:24,218
Your Honor!
754
00:33:24,219 --> 00:33:25,350
You know what happened
in that deli and so do I!
755
00:33:25,351 --> 00:33:26,481
You son of a bitch!
756
00:33:26,482 --> 00:33:28,048
- Mr. Carisi!
- I saw you, Deonte!
757
00:33:28,049 --> 00:33:29,528
I saw you!
758
00:33:29,529 --> 00:33:32,052
Mr. Carisi, stop now
or I'll hold you in contempt.
759
00:33:33,141 --> 00:33:35,490
Jury will disregard.
760
00:33:35,491 --> 00:33:38,015
Mr. Carisi, you're excused.
761
00:33:53,857 --> 00:33:55,075
I'm sorry.
762
00:33:55,076 --> 00:33:56,337
- What the hell was that?
- I don't know.
763
00:33:56,338 --> 00:33:57,425
All right?
764
00:33:57,426 --> 00:33:58,513
One minute I'm in a courtroom,
765
00:33:58,514 --> 00:34:00,776
and then I see Deonte
smile at me,
766
00:34:00,777 --> 00:34:02,039
and it's like I'm right back
in that deli
767
00:34:02,040 --> 00:34:04,519
and I--I lost it.
768
00:34:04,520 --> 00:34:07,044
Yeah,
that's an understatement.
769
00:34:07,045 --> 00:34:09,350
Goes without saying
I'm not going to redirect you.
770
00:34:09,351 --> 00:34:10,351
What do we do now?
771
00:34:10,352 --> 00:34:12,223
There is no "we."
772
00:34:12,224 --> 00:34:15,095
You're acting like
we're partners, and we're not.
773
00:34:21,798 --> 00:34:23,017
Hey.
774
00:34:24,497 --> 00:34:25,976
Hey.
775
00:34:27,413 --> 00:34:28,500
Now what?
776
00:34:33,593 --> 00:34:36,116
I don't know.
777
00:34:36,117 --> 00:34:37,509
I'm not losing this case.
778
00:34:40,121 --> 00:34:42,209
I am not losing this case.
779
00:34:42,210 --> 00:34:43,210
Mm.
780
00:34:46,345 --> 00:34:51,871
One thing I know about Deonte
is he is a follower.
781
00:34:51,872 --> 00:34:54,787
First it was Boyd,
then it was Vaughn.
782
00:34:54,788 --> 00:34:57,050
So what are the chances
he's been in Rikers
783
00:34:57,051 --> 00:35:00,097
for the past six months without
someone to tell him what to do?
784
00:35:02,752 --> 00:35:05,841
I let Deonte
get into my head.
785
00:35:05,842 --> 00:35:08,758
We got to find a way
to get into his.
786
00:35:13,154 --> 00:35:15,329
- So who is this guy?
- Jay Goldstein.
787
00:35:15,330 --> 00:35:16,461
He's a fake lawyer
awaiting a murder trial
788
00:35:16,462 --> 00:35:18,027
for poisoning his mother
with antifreeze.
789
00:35:18,028 --> 00:35:19,290
- Antifreeze, huh?
- Mm.
790
00:35:19,291 --> 00:35:20,726
Carisi thinks he can help us?
791
00:35:20,727 --> 00:35:21,988
Yeah,
before Vaughn came along,
792
00:35:21,989 --> 00:35:24,164
Deonte was working his case
with this guy.
793
00:35:24,165 --> 00:35:25,600
Well, Goldstein's not
a real lawyer,
794
00:35:25,601 --> 00:35:27,907
so there's no
attorney-client privilege.
795
00:35:27,908 --> 00:35:29,343
He's willing to talk to us?
- Oh, yeah.
796
00:35:29,344 --> 00:35:31,215
He isn't even asking
for anything.
797
00:35:31,216 --> 00:35:34,392
I guess he took offense
to being ditched for Vaughn.
798
00:35:34,393 --> 00:35:35,654
Mr. Goldstein?
799
00:35:35,655 --> 00:35:37,351
Yes!
800
00:35:37,352 --> 00:35:39,745
Thank you
for meeting with us.
801
00:35:39,746 --> 00:35:41,094
Happy to help.
802
00:35:46,535 --> 00:35:50,321
Ms. Rourke, are you planning
on recalling ADA Carisi?
803
00:35:50,322 --> 00:35:52,149
Not at this time, Your Honor.
804
00:35:52,150 --> 00:35:53,759
Prosecution rests.
805
00:35:53,760 --> 00:35:56,893
Mr. Vaughn, you may call
your first witness.
806
00:35:58,068 --> 00:36:00,462
Your Honor,
we call Deonte Mosley.
807
00:36:04,336 --> 00:36:06,163
Boyd first saw
Elizabeth Alden
808
00:36:06,164 --> 00:36:08,208
and Tess Milburn
crossing towards the deli
809
00:36:08,209 --> 00:36:11,124
when we was walking up
the other side of the street.
810
00:36:11,125 --> 00:36:13,344
And what did Boyd say?
811
00:36:13,345 --> 00:36:15,215
He thought
they looked pretty.
812
00:36:15,216 --> 00:36:17,261
Might have ATM cards.
813
00:36:17,262 --> 00:36:19,785
See, Boyd just
got out of prison.
814
00:36:19,786 --> 00:36:21,830
He was looking to party.
815
00:36:21,831 --> 00:36:23,484
And what did he do?
816
00:36:23,485 --> 00:36:25,225
He pulled out two guns.
817
00:36:25,226 --> 00:36:28,881
And he told me I had a choice
to make as his ride or die.
818
00:36:28,882 --> 00:36:32,581
And, uh,
what did he mean by that?
819
00:36:34,061 --> 00:36:36,715
That if I didn't ride
with him at that moment,
820
00:36:36,716 --> 00:36:38,238
he would shoot me.
821
00:36:38,239 --> 00:36:42,590
So Boyd Lynch threatened you,
coerced you?
822
00:36:42,591 --> 00:36:46,115
Him being my cellmate is a
big part of why I stayed safe
823
00:36:46,116 --> 00:36:49,815
when I first went to prison
at 19.
824
00:36:49,816 --> 00:36:52,557
No one messed with him
in there.
825
00:36:52,558 --> 00:36:54,167
He was crazy.
826
00:36:54,168 --> 00:36:56,562
Nothing further.
827
00:37:03,743 --> 00:37:05,091
So it's your contention
828
00:37:05,092 --> 00:37:07,746
you were afraid of Boyd Lynch, right?
829
00:37:07,747 --> 00:37:09,051
Yeah.
830
00:37:09,052 --> 00:37:11,489
Like I said, he forced me.
831
00:37:11,490 --> 00:37:13,621
I was under...
832
00:37:13,622 --> 00:37:14,970
duress.
833
00:37:14,971 --> 00:37:16,451
He pointed a gun at me.
834
00:37:18,932 --> 00:37:22,283
Out of curiosity,
where did Boyd get the guns?
835
00:37:25,243 --> 00:37:27,069
Where did he get them?
836
00:37:27,070 --> 00:37:28,593
You said
he'd just gotten out of prison.
837
00:37:28,594 --> 00:37:30,595
I'm assuming
he didn't get them there.
838
00:37:30,596 --> 00:37:34,947
So you must have brought
them to him, didn't you?
839
00:37:34,948 --> 00:37:37,123
Objection. Speculation.
840
00:37:37,124 --> 00:37:38,603
Withdrawn.
841
00:37:38,604 --> 00:37:40,866
We heard earlier testimony
that Boyd Lynch was
842
00:37:40,867 --> 00:37:42,302
in the deli's walk-in cooler
843
00:37:42,303 --> 00:37:45,262
with Tess Milburn
for 40 minutes?
844
00:37:45,263 --> 00:37:46,654
Y-yeah, I guess.
845
00:37:46,655 --> 00:37:49,004
And you were armed
the whole time?
846
00:37:49,005 --> 00:37:50,310
Yeah.
847
00:37:50,311 --> 00:37:53,139
And you knew the police
were right outside?
848
00:37:53,140 --> 00:37:54,314
Yeah. So?
849
00:37:54,315 --> 00:37:55,924
So the question I have
for you is,
850
00:37:55,925 --> 00:37:57,752
if you were so afraid of Boyd,
851
00:37:57,753 --> 00:37:59,754
why didn't you just walk out
of that deli
852
00:37:59,755 --> 00:38:01,234
when you had the chance?
853
00:38:07,720 --> 00:38:09,111
Nothing further.
854
00:38:16,424 --> 00:38:18,991
So Mr. Goldstein was Deonte's
unofficial jailhouse counsel?
855
00:38:18,992 --> 00:38:21,689
He was helping him with his
case until Vaughn came along.
856
00:38:21,690 --> 00:38:24,344
Deonte told him the
real reason he shot Boyd.
857
00:38:24,345 --> 00:38:25,650
And he's willing to testify?
858
00:38:25,651 --> 00:38:27,216
To everything.
859
00:38:27,217 --> 00:38:28,653
I don't know if the judge
will allow it at this point.
860
00:38:28,654 --> 00:38:31,656
OK. Look, this is our chance
to win this case.
861
00:38:31,657 --> 00:38:33,093
You got this.
862
00:38:37,532 --> 00:38:39,838
Would you mind
stating your name, sir?
863
00:38:39,839 --> 00:38:41,187
Jay Marcus Goldstein.
864
00:38:41,188 --> 00:38:43,058
Mr. Goldstein,
would you tell the jury
865
00:38:43,059 --> 00:38:45,844
what your relationship is
to Deonte Mosley?
866
00:38:45,845 --> 00:38:49,151
Yes. I advised Deonte about
his case for about two months
867
00:38:49,152 --> 00:38:52,372
before he found this, uh,
Mr. Vaughn here.
868
00:38:52,373 --> 00:38:53,634
Did Deonte talk to you about
869
00:38:53,635 --> 00:38:55,506
his potential
self-defense plea?
870
00:38:55,507 --> 00:38:57,377
He wouldn't shut up about it.
871
00:38:57,378 --> 00:39:00,206
Then Vaughn comes along,
he bolsters that line of crap.
872
00:39:00,207 --> 00:39:02,643
Your Honor, are we really
going to take the word of a man
873
00:39:02,644 --> 00:39:05,254
who murdered his own mother
over my client's?
874
00:39:05,255 --> 00:39:07,344
I've already allowed
this witness, Mr. Vaughn.
875
00:39:07,345 --> 00:39:09,389
You'll have your chance
to cross.
876
00:39:09,390 --> 00:39:12,218
Ms. Rourke, continue.
877
00:39:12,219 --> 00:39:14,873
What did he tell you exactly?
878
00:39:14,874 --> 00:39:16,396
The truth.
879
00:39:16,397 --> 00:39:17,789
The only reason why
he whacked Boyd
880
00:39:17,790 --> 00:39:19,399
was so he couldn't
testify against him.
881
00:39:19,400 --> 00:39:21,836
Mr. Goldstein,
did Deonte Mosley tell you
882
00:39:21,837 --> 00:39:24,056
that he knew his
former cellmate, Boyd Lynch,
883
00:39:24,057 --> 00:39:25,536
was a convicted rapist?
884
00:39:25,537 --> 00:39:27,407
Yes. It didn't seem
to matter to him.
885
00:39:27,408 --> 00:39:28,452
In all your talks with him,
886
00:39:28,453 --> 00:39:31,237
what did matter
to Deonte Mosley?
887
00:39:31,238 --> 00:39:33,587
The only thing that matters
to Deonte Mosley
888
00:39:33,588 --> 00:39:35,197
is Deonte Mosley.
889
00:39:44,469 --> 00:39:46,905
Members of the jury,
have you reached a verdict?
890
00:39:46,906 --> 00:39:48,733
We have, Your Honor.
891
00:39:48,734 --> 00:39:50,822
On the four counts
of armed robbery,
892
00:39:50,823 --> 00:39:53,085
we find the defendant guilty.
893
00:39:53,086 --> 00:39:55,522
Murder in the second
of Ali Imran,
894
00:39:55,523 --> 00:39:57,959
we find the defendant guilty.
895
00:39:57,960 --> 00:40:02,442
Murder in the second degree
of Boyd Lynch, guilty.
896
00:40:02,443 --> 00:40:05,053
On the charge of rape
in the first of Tess Milburn,
897
00:40:05,054 --> 00:40:07,666
we find the defendant
not guilty.
898
00:40:09,189 --> 00:40:10,581
Members of the jury,
899
00:40:10,582 --> 00:40:12,931
the State of New York
thanks you for your service.
900
00:40:16,805 --> 00:40:18,763
You should have taken
that deal.
901
00:40:27,990 --> 00:40:29,338
Headed back to Brooklyn?
902
00:40:29,339 --> 00:40:31,253
Unless you want
to share your office.
903
00:40:31,254 --> 00:40:32,690
What, like partners?
904
00:40:32,691 --> 00:40:33,865
Uh, tell you what.
905
00:40:33,866 --> 00:40:35,127
You ever want to move
to Manhattan,
906
00:40:35,128 --> 00:40:36,781
I'll put in a good word.
907
00:40:36,782 --> 00:40:38,478
I'll let you know.
908
00:40:38,479 --> 00:40:40,219
I know this isn't
what you wanted.
909
00:40:40,220 --> 00:40:42,743
Well, actually, I'm--I'm OK.
910
00:40:42,744 --> 00:40:44,136
To be honest,
911
00:40:44,137 --> 00:40:45,790
I never thought I could sit
in that--
912
00:40:45,791 --> 00:40:46,878
in that witness box.
913
00:40:46,879 --> 00:40:48,140
And that part's over now.
914
00:40:48,141 --> 00:40:49,228
Deonte is going
to be in prison
915
00:40:49,229 --> 00:40:50,316
for the rest of his life.
916
00:40:50,317 --> 00:40:51,752
Thanks to your husband.
917
00:40:51,753 --> 00:40:53,972
Neither one of us would
have survived without him.
918
00:40:56,628 --> 00:40:58,759
Tess, I, uh...
919
00:40:58,760 --> 00:41:01,545
I wi--I wish I--I could have,
um...
920
00:41:04,984 --> 00:41:06,855
Thank you.
921
00:41:22,349 --> 00:41:23,871
She seems like
she's going to be OK.
922
00:41:23,872 --> 00:41:26,134
She made the decision
to move on.
923
00:41:26,135 --> 00:41:27,875
Maybe it's--
924
00:41:27,876 --> 00:41:29,877
it's time you did too.
925
00:41:35,536 --> 00:41:37,450
I think you already have.
65818
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