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[rattling]
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- Well, today we look at the incredible story
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of Kalief Browder, the 16-year-old
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high school sophomore jailed at Rikers Island for three years.
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- Nearly 800 days of that time,
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he was held in solitary confinement.
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[banging]
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[muffled shouting]
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- Solitary confinement, it was just torture,
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just being in my cell was torture.
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- Maintained his innocence and requested a trial,
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but was only offered plea deals,
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while the trial was repeatedly delayed.
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- Delay after delay after delay
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when their case had no basis.
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- Did you rob somebody in
the beginning part of May,
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Mr. Browder?
- No. No.
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- Kalief went through this whole
ordeal over a backpack.
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- Plead guilty today,
and you can go home.
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- What do you do?
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- They're not gonna make me say I did something
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that I didn't do.
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I went to court about 30 times.
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- And then nothing happens.
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And then nothing happens again.
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- Then I went back to solitary confinement.
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- Solitary induces a breakdown of the brain.
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- What he went through would break a grown man
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with a military background who had been trained for this.
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- I just felt like I had to fight.
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- He said, "No, I want to make
this system work."
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- Doesn't mean he's a perfect person,
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but the stand that he took
was perfect.
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[soft dramatic music]
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♪ ♪
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[radio dial flipping stations]
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[ominous music]
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♪ ♪
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- When I was on Rikers Island,
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I must have took about
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four or five trips to solitary confinement.
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It wasn't easy.
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I practically lost my mind.
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You know, I feel like
I have screws loose,
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like, I'm never gonna be
the same, like...
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- Because now,
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you know, I...
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it's just...
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I don't know,
it's not coming out right.
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It's not coming out right.
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♪ ♪
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- He went through hell,
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all on a flimsy, invalid complaint.
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You have to be held accountable.
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This is supposed to be
the greatest city in the world,
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but look what they're doing.
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- 16-year-old Kalief Browder's now filed a lawsuit
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against the city, the New York Police Department,
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the Bronx district attorney,
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and the Department of Corrections.
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♪ ♪
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- The underlying case involves stuff
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that happened in Rikers Island,
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and in solitary especially.
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The bigger picture
is solitary itself.
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- Good morning, Mr. Browder.
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- Good morning.
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- We are going to go through
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your time in solitary confinement.
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- It's graffiti everywhere. It's hot and dirty.
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Kicked up bacteria in the toilet--
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They stopped putting me in the shower--
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They would write bogus reports on me--
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They used to come into my cell and tell me,
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"You're not leaving the Box,
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You're not leaving solitary confinement."
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I was trapped.
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[chaotic shouting]
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- On October 20, Kalief has this big gang fight
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that was captured on video
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where he's beaten down in front of these officers.
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- Listen, correction officers are not bodyguards.
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Correction officers are
responsible for 50 inmates
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in a housing area, by himself.
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This kid was outnumbered.
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If you put him in general population,
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with the hyenas, they eat him.
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So you put him in a cell for his protection,
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and it's very bad.
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[pounding]
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- And you know, I'd never been to solitary
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confinement back then,
and I heard about it.
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You know, other inmates used to
tell me about it,
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and it used to scare me.
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[distant shouting]
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- The reality of it is,
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solitary confinement
is absolutely torture,
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especially on Rikers Island.
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- Describe the cell you were in.
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- They called it the Box.
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- What's in there?
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- Nothing.
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- It's a rust-encrusted,
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12x8 metal cage.
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- You got your mattress, you got a sink with a toilet.
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- Sometimes there's feces on the wall.
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There's infestation with mice.
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[squealing]
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- No human contact aside from meals
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slid through a slot three times a day.
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- You're like a caged animal.
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- What I found is that people who go in
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initially have a determination, "I can handle this,"
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and then that starts to erode.
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[pounding]
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- They act out, like an animal,
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banging on the cell door.
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- People are smashing their head
into the glass.
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Screaming incessantly for hours and hours.
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[screaming, pounding]
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- It's just so much chaos, like,
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I didn't listen to the rules,
and they--
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the correction officers, they
took it in their own hands.
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[distant shouting]
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- Once he got sent to solitary,
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it was a vicious cycle, he couldn't get out.
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Because every time he even
opened his mouth,
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they would just write him up.
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- On Rikers Island, there is one answer
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to the slightest infraction, which is solitary confinement.
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An inmate will get
what's called a "Ticket."
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The length of the sentence depends on the infraction.
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90 days was the max, and that was for assault on staff.
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But that didn't stop
tickets from piling up.
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They could say assault on staff,
disobeying orders,
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weapons--whatever,
and build it up to years.
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[distant shouting]
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♪ ♪
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- It breaks a person down emotionally,
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physically, mentally.
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- In solitary confinement, inmates do
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lost their marbles after a period of time.
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- The prisoners I observed in solitary confinement
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all had a similar
set of symptoms
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which were very unusual.
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Hallucinations, delusions, paranoia.
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- Increased anxiety,
lack of impulse control,
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chronic depression,
appetite and weight loss,
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heart palpitations,
sleep problems.
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- Babbling incoherently,
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people smeared in feces,
makeshift nooses.
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- This young man, remember, is a teenager.
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His brain isn't even
fully-formed yet.
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- The part of the brain that matures during adolescence
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is the prefrontal cortex.
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One of its important functions is to tamper down
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things like aggression, fear.
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- We would say things like,
"His brain is being
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scrambled by solitary
confinement."
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I can only imagine
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what Kalief Browder suffered.
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- Sometimes I cry myself
to sleep because it's like,
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I want to go home,
and it's like,
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they're not letting me go home,
and then,
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I feel like I lost my childhood,
like I lost my sanity.
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- This is somehow a rational way
of dealing with
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someone who may have taken
someone's backpack.
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[distant shouting]
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- Kalief was legally innocent,
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but unable to walk out that door.
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[distant shouting]
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We should be torturing people
before they're even tried?
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What country is that?
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- Holding anybody for two years in solitary
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on a pre-trial basis
is inconsistent
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with who we say we are
as a nation.
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♪ ♪
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- Every time I went to court, I was expecting
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to have my day at trial,
and it just...
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it was never granted to me.
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- You have a right to a speedy trial,
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and "Speedy trial"
is six months.
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How on Earth was Kalief Browder
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in jail for three years?
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♪ ♪
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- The Constitution says that there should be
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a reasonable time between arrest and the trial,
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but in New York we have a law
that's called a "Ready rule."
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- Everywhere else basically says,
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if you are arrested, your case must be brought
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to trial within X number of days,
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but New York's law doesn't say,
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"Must be brought to trial within
X number of days,"
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it says the district attorney
must be ready
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within X number of days,
and that makes a huge difference
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because the way that those days are calculated
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excludes time attributable to court delays.
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- The court delay
in this borough is worse
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than any other borough
in the city of New York.
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- This is a typical morning outside the Bronx courthouse.
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- Judges are sitting in criminal courts
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with 100 cases at a time.
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- There are innocent people
who spend more time
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at Rikers than those
who are convicted.
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♪ ♪
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- Kalief was brought to court December 10, 2010.
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He thinks that, "Okay, finally, I'm going to trial.
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I can state my innocence."
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But on December 10th, they answer "Not ready."
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DA's office said they would be ready in one week.
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However, it was impossible to find a courtroom in a week.
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- If there are no courtrooms available,
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and the case has to be adjourned for three months,
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those three months do not count
against the clock.
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00:10:07,341 --> 00:10:09,774
- And so, you have some prosecutors
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who abuse that fact.
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- They come back on January 28, 2011.
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Again, same thing.
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They request another week.
220
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- It was just,
"We're not ready for trial,
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we're not ready for trial."
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- He had trial delay after trial delay,
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had prosecutors
knowing full well
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that they wouldn't get
another court date
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for weeks at a time.
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- They come back on March 9, 2011.
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The excuse that day was
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there were conflicts in the DA's schedule.
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- Most of the time, those adjournments are for nothing.
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And it just keeps getting adjourned
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and adjourned and adjourned.
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- Now it's going on, like, six months at this point,
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that they say they're gonna be ready in a week,
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and they haven't been ready at all.
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- And no time is charged to the speedy trial clock.
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- You go back to court,
and then you find out
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that they're not ready for
trial, and it's just--
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it's just heartbreaking,
and it's like,
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I felt like they was just
playing with my life.
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♪ ♪
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- Kalief is sitting in solitary.
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♪ ♪
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- Prosecutors, they don't think about that.
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They have no concern about that.
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He's not even human to them.
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That's just a fact.
247
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- There are absolutely prosecutors
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who act insidiously
249
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because the system allows them to.
250
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- The Bronx DA, Robert Johnson,
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should be ashamed that this
happened under his watch.
252
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- The real fear here should be
253
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that we are allowing people
to remain on the streets
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who commit other crimes.
255
00:11:47,007 --> 00:11:51,242
- Robert Johnson was the DA for a long time.
256
00:11:51,244 --> 00:11:54,412
I think someone in power that long
257
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is corrupted by power,
258
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and becomes lazy by power,
259
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and refuses to acknowledge
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00:12:03,190 --> 00:12:07,659
the problems and institute steps to address it.
261
00:12:07,661 --> 00:12:11,763
- The Bronx was a really
poorly-run county.
262
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Rob Johnson was not
an effective DA.
263
00:12:14,668 --> 00:12:16,401
He was the kind of guy, he'd offer you
264
00:12:16,403 --> 00:12:20,839
as many years as he could, even if you were a decent kid.
265
00:12:20,841 --> 00:12:23,641
- The prosecutors left Kalief
266
00:12:23,643 --> 00:12:26,010
in circumstances at Rikers Island
267
00:12:26,012 --> 00:12:28,446
that could break anyone,
268
00:12:28,448 --> 00:12:31,483
saying, "I bet you we can get Kalief
269
00:12:31,485 --> 00:12:34,886
to plead guilty
without letting him out."
270
00:12:34,888 --> 00:12:38,656
That is a very simple calculus,
271
00:12:38,658 --> 00:12:41,960
and it works.
272
00:12:43,864 --> 00:12:46,297
- Almost everybody pleads out, not because
273
00:12:46,299 --> 00:12:48,166
everybody is guilty,
274
00:12:48,168 --> 00:12:51,402
because people crumble
under the pressure.
275
00:12:51,404 --> 00:12:52,971
- You want me to just plead guilty
276
00:12:52,973 --> 00:12:54,205
to something I didn't do?
277
00:12:54,207 --> 00:12:56,107
It was more personal to me.
278
00:12:56,109 --> 00:12:58,843
Like, no way.
I'm not--I didn't do it.
279
00:12:58,845 --> 00:13:01,146
- He demanded his day in court,
280
00:13:01,148 --> 00:13:03,214
and they were gonna
punish him for that.
281
00:13:03,216 --> 00:13:06,151
[drilling, pounding]
282
00:13:08,822 --> 00:13:11,823
[dramatic music]
283
00:13:11,825 --> 00:13:14,826
[pounding, shouting]
284
00:13:14,828 --> 00:13:16,461
♪ ♪
285
00:13:16,463 --> 00:13:17,896
- When I was in solitary,
286
00:13:17,898 --> 00:13:22,033
I used to see people talking to themselves.
287
00:13:22,035 --> 00:13:25,603
I used to say that, "He's crazy,
he's really talking to them,"
288
00:13:25,605 --> 00:13:28,406
and when I was a kid,
I used to laugh at that stuff,
289
00:13:28,408 --> 00:13:30,074
you know, and it's like,
290
00:13:30,076 --> 00:13:33,511
now I'm talking to myself.
291
00:13:33,513 --> 00:13:36,114
- Spending time in solitary confinement
292
00:13:36,116 --> 00:13:38,750
was incredibly stressful if you're awaiting trial,
293
00:13:38,752 --> 00:13:41,419
because you don't know what the future holds.
294
00:13:41,421 --> 00:13:43,755
For someone like Kalief,
he has no idea
295
00:13:43,757 --> 00:13:45,390
how long he's gonna be there.
296
00:13:45,392 --> 00:13:48,960
The Bronx court has just been incredibly backlogged.
297
00:13:48,962 --> 00:13:52,864
Individuals spend months and sometimes years
298
00:13:52,866 --> 00:13:55,333
awaiting their day in court.
299
00:13:55,335 --> 00:13:58,970
And then you throw on top of that solitary confinement?
300
00:13:58,972 --> 00:14:01,539
- In most cases,
people become so distraught,
301
00:14:01,541 --> 00:14:04,108
so desperate,
and so out of control...
302
00:14:04,110 --> 00:14:06,978
♪ ♪
303
00:14:06,980 --> 00:14:10,548
They can't stop thinking about
what they're thinking about.
304
00:14:10,550 --> 00:14:12,217
They become obsessional,
305
00:14:12,219 --> 00:14:14,452
and the obsession can be
about anything.
306
00:14:14,454 --> 00:14:16,921
It could be about the water
dripping upstairs,
307
00:14:16,923 --> 00:14:19,958
or something that
a corrections officer did
308
00:14:19,960 --> 00:14:22,060
that offended them,
309
00:14:22,062 --> 00:14:25,129
and they become enraged, and they think about it,
310
00:14:25,131 --> 00:14:27,432
and they can't stop thinking about it.
311
00:14:27,434 --> 00:14:30,335
♪ ♪
312
00:14:30,337 --> 00:14:34,706
- I remember officers walking
down the walkway,
313
00:14:34,708 --> 00:14:39,210
and they had big, green plastic
bags over their uniforms,
314
00:14:39,212 --> 00:14:41,246
because when they walk down there,
315
00:14:41,248 --> 00:14:45,450
the inmates are gonna throw urine and feces at 'em.
316
00:14:45,452 --> 00:14:50,889
- The inmates squirt as you walk
by through the mesh.
317
00:14:50,891 --> 00:14:53,358
- Corrections officers who are working
318
00:14:53,360 --> 00:14:55,894
have no training, no introduction
319
00:14:55,896 --> 00:14:59,831
to the psychiatric effects
of solitary confinement.
320
00:14:59,833 --> 00:15:01,299
- They weren't trained to deal
321
00:15:01,301 --> 00:15:02,934
with seriously mentally ill people.
322
00:15:02,936 --> 00:15:04,736
A lot of the guards, their attitude is,
323
00:15:04,738 --> 00:15:07,372
"You're screwing with me.
Why you screwing me?"
324
00:15:07,374 --> 00:15:09,874
The guard doesn't think this
poor guy has schizophrenia.
325
00:15:09,876 --> 00:15:12,577
Um, he thinks this guy
is being defiant.
326
00:15:12,579 --> 00:15:14,412
♪ ♪
327
00:15:14,414 --> 00:15:18,683
- In summer, in solitary, the cells were very hot.
328
00:15:18,685 --> 00:15:20,551
Around this time, you know,
329
00:15:20,553 --> 00:15:23,421
some of the correction officers, I had problems with.
330
00:15:23,423 --> 00:15:27,058
- Who were they? - Heartz.
331
00:15:27,060 --> 00:15:28,927
- I used to beg him with my green cup.
332
00:15:28,929 --> 00:15:30,862
"Some ice? You want some ice?
333
00:15:30,864 --> 00:15:34,666
You want some ice? You not getting no ice."
334
00:15:34,668 --> 00:15:37,302
- An inmate was left in an overheated cell.
335
00:15:37,304 --> 00:15:38,937
He was left there despite his complaints,
336
00:15:38,939 --> 00:15:40,805
despite asking for help.
337
00:15:40,807 --> 00:15:43,408
- Temperatures reached, I think,
over 100 degrees.
338
00:15:43,410 --> 00:15:46,311
- The tabloids described it as
he "Baked to death."
339
00:15:46,313 --> 00:15:48,313
- Jerome Murdough was a Marine veteran
340
00:15:48,315 --> 00:15:50,682
picked up on a trespassing charge while sleeping
341
00:15:50,684 --> 00:15:53,117
in a stairwell of an upper east side project.
342
00:15:53,119 --> 00:15:54,585
A week later, he died
343
00:15:54,587 --> 00:15:58,423
in a sweltering jail cell in a special observation unit.
344
00:15:58,425 --> 00:15:59,991
- He's in a cell.
345
00:15:59,993 --> 00:16:01,392
He's supposed to be monitored.
346
00:16:01,394 --> 00:16:03,027
And he's dead?
347
00:16:03,029 --> 00:16:05,863
- Mr. Murdough essentially got the death penalty,
348
00:16:05,865 --> 00:16:08,800
simply for being arrested
for trespassing.
349
00:16:08,802 --> 00:16:11,903
- Mrs. Murdough did not learn of her son's death
350
00:16:11,905 --> 00:16:14,639
until she received a call one month later.
351
00:16:14,641 --> 00:16:20,645
♪ ♪
352
00:16:20,647 --> 00:16:24,749
- Kalief was my son.
353
00:16:24,751 --> 00:16:27,251
As a mother, as a parent,
354
00:16:27,253 --> 00:16:29,988
you're supposed to protect
your kids,
355
00:16:29,990 --> 00:16:32,423
and I wasn't able
to protect him.
356
00:16:32,425 --> 00:16:34,993
They took that right
away from me.
357
00:16:34,995 --> 00:16:38,830
♪ ♪
358
00:16:38,832 --> 00:16:42,166
But at least, when I went to Rikers,
359
00:16:42,168 --> 00:16:45,003
I could see him.
360
00:16:45,005 --> 00:16:47,138
That was an all-day trip.
361
00:16:47,140 --> 00:16:50,608
I took the 36 bus at West Farms.
362
00:16:50,610 --> 00:16:54,812
Then I would catch the 5 to 59th Street.
363
00:16:54,814 --> 00:16:58,549
I took the N train to Queens Plaza.
364
00:16:58,551 --> 00:17:00,251
[rattling]
365
00:17:00,253 --> 00:17:03,054
And you take the bus
366
00:17:03,056 --> 00:17:04,555
over the bridge...
367
00:17:04,557 --> 00:17:07,258
♪ ♪
368
00:17:07,260 --> 00:17:09,594
And you finally get to see who you came to see.
369
00:17:09,596 --> 00:17:11,863
♪ ♪
370
00:17:11,865 --> 00:17:15,433
You can see your child,
371
00:17:15,435 --> 00:17:18,302
but you can't take your child home.
372
00:17:20,974 --> 00:17:24,175
They told me that
"It's a BS case,
373
00:17:24,177 --> 00:17:26,244
don't worry about it."
374
00:17:26,246 --> 00:17:30,681
That BS case took three years.
375
00:17:30,683 --> 00:17:32,450
- According to the Supreme Court,
376
00:17:32,452 --> 00:17:34,819
everybody has a right to a lawyer.
377
00:17:34,821 --> 00:17:37,088
But it doesn't mean you have
a right to a good lawyer.
378
00:17:37,090 --> 00:17:38,723
It doesn't mean you have
a right to a lawyer
379
00:17:38,725 --> 00:17:42,260
that doesn't have 800 cases
just like yours.
380
00:17:42,262 --> 00:17:49,200
♪ ♪
381
00:17:53,440 --> 00:17:55,006
- When I was at Legal Aid,
382
00:17:55,008 --> 00:17:57,442
there was a real
culture of excellence,
383
00:17:57,444 --> 00:18:01,679
but we were always understaffed
and overworked.
384
00:18:01,681 --> 00:18:04,449
- Their caseloads were overwhelming.
385
00:18:04,451 --> 00:18:08,686
There's no real staff
or investigators.
386
00:18:08,688 --> 00:18:11,923
♪ ♪
387
00:18:11,925 --> 00:18:16,394
- The public defender seemed on the up and up.
388
00:18:16,396 --> 00:18:18,262
But every time I asked the question,
389
00:18:18,264 --> 00:18:20,631
he would come back with, "Well, the prosecution
390
00:18:20,633 --> 00:18:23,301
has the right to do this, and the prosecution..."
391
00:18:23,303 --> 00:18:26,204
I'm like, "Is he working for Kalief
392
00:18:26,206 --> 00:18:28,940
or working for the prosecution?"
393
00:18:28,942 --> 00:18:32,043
- I don't know why Mr. Browder's lawyer
394
00:18:32,045 --> 00:18:35,713
let that case go on as long as it did.
395
00:18:35,715 --> 00:18:38,483
You'll have to ask him.
396
00:18:38,485 --> 00:18:42,153
- Um...Jesus.
397
00:18:56,536 --> 00:19:00,104
- I'm not saying he had complete control over it,
398
00:19:00,106 --> 00:19:02,373
but I guarantee you,
he could have
399
00:19:02,375 --> 00:19:05,810
asserted more control
than he did.
400
00:19:05,812 --> 00:19:08,613
- Kalief barely even spoke to his own attorney.
401
00:19:08,615 --> 00:19:11,048
In fact, his attorney was still
sending Kalief
402
00:19:11,050 --> 00:19:12,550
letters to his mother's house
403
00:19:12,552 --> 00:19:15,319
reminding him
of his next court date.
404
00:19:15,321 --> 00:19:18,256
[shutter clicking]
405
00:19:19,893 --> 00:19:22,627
He had to know Kalief was in jail.
406
00:19:22,629 --> 00:19:25,429
Like, why send the letter to his mother's house?
407
00:19:25,431 --> 00:19:29,100
It just shows you
how oblivious he was.
408
00:19:41,080 --> 00:19:43,648
- I'm sitting in the courtroom waiting to see my son.
409
00:19:43,650 --> 00:19:46,617
That's an extra visit for me.
410
00:19:46,619 --> 00:19:48,152
- My mom, she was there for me.
411
00:19:48,154 --> 00:19:50,388
Every court date, she was always
in the stands.
412
00:19:50,390 --> 00:19:52,490
♪ ♪
413
00:19:52,492 --> 00:19:54,425
- And if you're standing in court,
414
00:19:54,427 --> 00:19:55,960
and you attempt to turn around
415
00:19:55,962 --> 00:19:57,828
to even look
at your family member,
416
00:19:57,830 --> 00:19:59,197
you don't even get that.
417
00:19:59,199 --> 00:20:01,132
- Soon as I come out the room,
I would look at my mom,
418
00:20:01,134 --> 00:20:03,801
and I would smile at her,
and she'd smile at me.
419
00:20:03,803 --> 00:20:05,603
- "Turn around. Turn around.
Face forward."
420
00:20:05,605 --> 00:20:06,771
- Face forward.
421
00:20:06,773 --> 00:20:08,039
- I would have to turn
back around
422
00:20:08,041 --> 00:20:09,907
and walk through that door,
and I see my mom,
423
00:20:09,909 --> 00:20:13,945
and I see my mom
tearing and crying.
424
00:20:13,947 --> 00:20:15,980
- Knowing that I'm helpless,
425
00:20:15,982 --> 00:20:19,550
the only thing I can do was cry.
426
00:20:20,920 --> 00:20:23,754
- I tried to keep it strong,
you know, for my mom,
427
00:20:23,756 --> 00:20:25,423
but it just--it just breaks me
428
00:20:25,425 --> 00:20:29,393
just seeing my mom
cry like that.
429
00:20:29,395 --> 00:20:33,431
- He just looked so hurt.
430
00:20:33,433 --> 00:20:36,901
- And I'm sitting there...
431
00:20:36,903 --> 00:20:38,669
- It's okay.
- And there's nothing I can do.
432
00:20:38,671 --> 00:20:41,472
You know, I couldn't
take him home.
433
00:20:41,474 --> 00:20:46,143
And he just looked so, like,
"When is this gonna end?"
434
00:20:46,145 --> 00:20:48,012
- And then after I walk back through that door,
435
00:20:48,014 --> 00:20:49,513
and I don't see my mom anymore,
436
00:20:49,515 --> 00:20:52,583
it's like I'm walking
right back into hell.
437
00:20:52,585 --> 00:20:54,252
- They are playing a game,
438
00:20:54,254 --> 00:20:57,088
and the game is time.
439
00:20:57,090 --> 00:20:59,523
[rattling]
440
00:20:59,525 --> 00:21:01,025
[buzzing]
441
00:21:01,027 --> 00:21:04,395
In all kinds of ways.
442
00:21:06,966 --> 00:21:09,433
- Let's continue.
443
00:21:09,435 --> 00:21:11,302
- I had gotten into an argument
444
00:21:11,304 --> 00:21:13,137
with one of the correction officers.
445
00:21:13,139 --> 00:21:14,305
- Who was this?
446
00:21:14,307 --> 00:21:17,675
- His name was Heartz.
447
00:21:17,677 --> 00:21:21,412
He didn't put me in the shower for about two weeks.
448
00:21:21,414 --> 00:21:24,749
I stank so bad I literally smelled myself.
449
00:21:24,751 --> 00:21:26,250
He thought it was a game.
450
00:21:26,252 --> 00:21:28,252
Everything was a joke to him.
451
00:21:28,254 --> 00:21:31,355
- He was told,
"We're gonna break you."
452
00:21:31,357 --> 00:21:33,190
[dramatic music]
453
00:21:33,192 --> 00:21:34,859
- When I went to visit him,
454
00:21:34,861 --> 00:21:36,927
he told me all the different things that was going on,
455
00:21:36,929 --> 00:21:40,564
and I see he was like 130 pounds.
456
00:21:40,566 --> 00:21:43,301
I'm like, "Kalief, why are you not eating?"
457
00:21:43,303 --> 00:21:45,536
- They would give him a tray
458
00:21:45,538 --> 00:21:48,239
of somebody else's
half-eaten food.
459
00:21:48,241 --> 00:21:50,341
Kalief didn't accept it.
460
00:21:50,343 --> 00:21:52,076
Why should he?
461
00:21:52,078 --> 00:21:53,978
- In solitary confinement, they control
462
00:21:53,980 --> 00:21:55,846
how much food you get, and when it's time
463
00:21:55,848 --> 00:21:58,049
for feeding, they give you food.
464
00:21:58,051 --> 00:21:59,650
- Every single time, it just
seemed like he's getting
465
00:21:59,652 --> 00:22:02,420
smaller and smaller and smaller
and smaller and smaller.
466
00:22:02,422 --> 00:22:04,622
- If you say anything that could tick them off
467
00:22:04,624 --> 00:22:07,625
in any type of way, some of them, which is a lot of them,
468
00:22:07,627 --> 00:22:10,494
they'll starve you, they won't feed you.
469
00:22:10,496 --> 00:22:13,197
If they starve you one tray, that--that could really
470
00:22:13,199 --> 00:22:16,367
make an impact on you, and I was starved a lot.
471
00:22:16,369 --> 00:22:19,570
I can't even-- I can't even count.
472
00:22:19,572 --> 00:22:22,573
And I was just begging
for bread and--
473
00:22:22,575 --> 00:22:24,909
and stuff like that.
474
00:22:24,911 --> 00:22:27,545
♪ ♪
475
00:22:27,547 --> 00:22:29,480
- Do you know what it's like to hear
476
00:22:29,482 --> 00:22:32,950
that your son is being starved?
477
00:22:32,952 --> 00:22:34,752
- I didn't-- I didn't do the crime,
478
00:22:34,754 --> 00:22:37,488
and then I'm being mistreated
while I'm in here,
479
00:22:37,490 --> 00:22:39,390
and you want me
to just plead guilty
480
00:22:39,392 --> 00:22:42,960
to something I didn't do?
481
00:22:49,769 --> 00:22:52,303
- In my last year on the bench,
I had two
482
00:22:52,305 --> 00:22:55,439
criminal trials in an entire
year, a 12-month year,
483
00:22:55,441 --> 00:22:57,274
but I did 50 sentences.
484
00:22:57,276 --> 00:22:59,910
- You have the right to a trial, it's constitutional,
485
00:22:59,912 --> 00:23:02,413
but we simply don't have enough judges,
486
00:23:02,415 --> 00:23:04,782
enough prosecutors, enough defense attorneys,
487
00:23:04,784 --> 00:23:06,484
and so the reality is that, um,
488
00:23:06,486 --> 00:23:08,986
without plea bargaining,
the system would collapse.
489
00:23:08,988 --> 00:23:14,258
♪ ♪
490
00:23:14,260 --> 00:23:16,894
- On June 23, 2011,
491
00:23:16,896 --> 00:23:21,065
there was a plea offer made from the DA of 3 1/2 years.
492
00:23:21,067 --> 00:23:23,367
Kalief was not taking a plea.
493
00:23:23,369 --> 00:23:27,972
He refused it and was maintaining his innocence.
494
00:23:27,974 --> 00:23:29,740
- Way I seen it was,
I didn't do it.
495
00:23:29,742 --> 00:23:31,075
You're not gonna--
you're not gonna make me say
496
00:23:31,077 --> 00:23:33,277
I did something just so
I could go home.
497
00:23:33,279 --> 00:23:36,247
If I got to stay here just to
prove that I'm innocent,
498
00:23:36,249 --> 00:23:38,382
then so be it.
499
00:23:38,384 --> 00:23:40,584
- He fought back in his own way.
500
00:23:40,586 --> 00:23:43,621
He said, "No, I'm not going
to plead guilty
501
00:23:43,623 --> 00:23:45,856
"to a crime I didn't commit.
502
00:23:45,858 --> 00:23:48,559
"I won't do it.
I want to take my case to trial.
503
00:23:48,561 --> 00:23:51,962
I want to make this system
work for me."
504
00:23:51,964 --> 00:23:55,766
That almost never happens.
505
00:23:55,768 --> 00:23:57,701
- There's a resilience
506
00:23:57,703 --> 00:24:00,738
that's a form of moral genius.
507
00:24:00,740 --> 00:24:02,540
If I submit to this,
508
00:24:02,542 --> 00:24:04,508
I let myself down,
509
00:24:04,510 --> 00:24:09,413
and there's some things
more important than my comfort.
510
00:24:09,415 --> 00:24:11,782
- It was personal to me, like, "No way.
511
00:24:11,784 --> 00:24:13,017
I'm not taking it."
512
00:24:13,019 --> 00:24:15,419
- Because on the day
you stand up in court
513
00:24:15,421 --> 00:24:18,923
and plead guilty, you lose civil
and constitutional rights
514
00:24:18,925 --> 00:24:21,692
that you had as
a non-convicted felon,
515
00:24:21,694 --> 00:24:24,695
and you never get them back
again, never.
516
00:24:24,697 --> 00:24:28,132
♪ ♪
517
00:24:28,134 --> 00:24:29,867
- Even a minor
criminal conviction
518
00:24:29,869 --> 00:24:32,436
can cause you
to lose your public housing.
519
00:24:32,438 --> 00:24:34,405
Can cause you to lose your job.
520
00:24:34,407 --> 00:24:36,440
Can cause you to never be able
521
00:24:36,442 --> 00:24:38,809
to apply for federal financial aid to go to college.
522
00:24:38,811 --> 00:24:41,212
- Especially in the age
of the Internet,
523
00:24:41,214 --> 00:24:43,581
just a few keystrokes,
and suddenly,
524
00:24:43,583 --> 00:24:45,549
your employer knows.
525
00:24:45,551 --> 00:24:48,452
Suddenly your educational institution knows.
526
00:24:48,454 --> 00:24:51,422
And escaping that, in our country,
527
00:24:51,424 --> 00:24:53,357
is virtually impossible.
528
00:24:53,359 --> 00:24:57,795
You're branded for the rest of your life.
529
00:24:57,797 --> 00:24:59,930
- He knows how the world depicted felons,
530
00:24:59,932 --> 00:25:02,032
and so that's why
he didn't take his plea.
531
00:25:02,034 --> 00:25:03,801
He was like,
"I don't want to be a felon."
532
00:25:03,803 --> 00:25:05,803
He didn't want
to end up like me.
533
00:25:05,805 --> 00:25:09,106
♪ ♪
534
00:25:09,108 --> 00:25:11,008
[static]
535
00:25:11,010 --> 00:25:12,977
[radio chatter]
536
00:25:12,979 --> 00:25:16,914
- Responsible for attacking at least 11 girls in the Bronx.
537
00:25:16,916 --> 00:25:18,883
- The hunt for the Bronx Rapist.
538
00:25:18,885 --> 00:25:21,118
- When I got arrested, it was out of nowhere.
539
00:25:21,120 --> 00:25:24,822
I was bringing Nicole, Kamal, and Kalief home from school.
540
00:25:24,824 --> 00:25:27,825
- I remember laughing
and talking with him,
541
00:25:27,827 --> 00:25:29,994
and, um, right in front
of my mom's house,
542
00:25:29,996 --> 00:25:32,763
the detectives
threw him on the floor.
543
00:25:32,765 --> 00:25:34,331
- Kalief was the youngest one,
544
00:25:34,333 --> 00:25:36,600
and he saw his brother being kidnapped
545
00:25:36,602 --> 00:25:39,603
and hauled off by police.
546
00:25:39,605 --> 00:25:42,506
They took me to the 48th Precinct.
547
00:25:42,508 --> 00:25:44,308
- We are present in room 1,
548
00:25:44,310 --> 00:25:46,977
1D of the Bronx 48th Precinct.
549
00:25:51,317 --> 00:25:53,651
- Police say 15-year-old Akeem Browder
550
00:25:53,653 --> 00:25:55,119
is responsible for attacking
551
00:25:55,121 --> 00:25:57,321
at least 11 girls in the Bronx.
552
00:25:57,323 --> 00:26:00,090
Cops say their lucky tip came Thursday evening
553
00:26:00,092 --> 00:26:01,892
when a woman approached them and pointed out
554
00:26:01,894 --> 00:26:05,596
the person who she said tried to kidnap her daughter.
555
00:26:05,598 --> 00:26:07,765
- That girl, we used to take
556
00:26:07,767 --> 00:26:10,367
the bus together to go to school.
557
00:26:10,369 --> 00:26:12,736
One day, we both walked from the bus stop
558
00:26:12,738 --> 00:26:15,339
and decided to cut school.
559
00:26:15,341 --> 00:26:17,908
We both walked to the side of the school,
560
00:26:17,910 --> 00:26:22,179
and basically, she was giving me oral sex.
561
00:26:22,181 --> 00:26:24,114
The security came,
562
00:26:24,116 --> 00:26:27,184
and I ran 'cause I got scared.
563
00:26:27,186 --> 00:26:29,853
I'm not at all saying it was appropriate.
564
00:26:29,855 --> 00:26:32,790
It was just something that we did as kids.
565
00:26:32,792 --> 00:26:34,425
When I got arrested, I wrote the statement
566
00:26:34,427 --> 00:26:37,261
saying about what me and this girl did.
567
00:26:37,263 --> 00:26:39,897
"Yeah, I was with this girl."
568
00:26:39,899 --> 00:26:42,333
But the way that they portrayed it
569
00:26:42,335 --> 00:26:46,270
is that I'm the Bronx Rapist.
570
00:26:46,272 --> 00:26:50,007
They said they caught the Bronx Rapist.
571
00:26:50,009 --> 00:26:54,645
My face there, and the words "Bronx Rapist caught."
572
00:26:54,647 --> 00:26:58,115
I'm not the Bronx Rapist, and
I didn't do those things.
573
00:26:58,117 --> 00:27:00,217
- Police still admit during the manhunt
574
00:27:00,219 --> 00:27:02,620
they were stopping both Hispanic and black men
575
00:27:02,622 --> 00:27:04,989
on the street who fit the description.
576
00:27:04,991 --> 00:27:06,890
They released these two sketches saying
577
00:27:06,892 --> 00:27:10,094
they were looking for a light-skinned Hispanic.
578
00:27:10,096 --> 00:27:12,730
- They thought I was 26 years old,
579
00:27:12,732 --> 00:27:14,665
but I was 15.
580
00:27:14,667 --> 00:27:17,368
- The question now: why the confusion?
581
00:27:17,370 --> 00:27:19,470
Students who know Akeem
from elementary
582
00:27:19,472 --> 00:27:21,105
as well as high school say
583
00:27:21,107 --> 00:27:23,607
he would never do
anything like this.
584
00:27:23,609 --> 00:27:26,043
- That's bull. It's bull!
- It's bull!
585
00:27:26,045 --> 00:27:27,878
- It can't--I doubt it.
- I thought the guy died.
586
00:27:27,880 --> 00:27:29,546
- He would never
do that to a girl.
587
00:27:29,548 --> 00:27:32,216
- He wouldn't.
588
00:27:32,218 --> 00:27:33,984
He's not like that.
589
00:27:33,986 --> 00:27:35,953
- All the media was out there.
590
00:27:35,955 --> 00:27:38,322
Channel 7, channel 11,
you name it.
591
00:27:38,324 --> 00:27:40,057
They were all
banging on the door.
592
00:27:40,059 --> 00:27:42,559
My dad closed the blinds,
593
00:27:42,561 --> 00:27:43,927
turned off all the lights.
594
00:27:43,929 --> 00:27:47,064
The next night, helicopters all over my house.
595
00:27:47,066 --> 00:27:50,034
[helicopters whirring]
596
00:27:51,270 --> 00:27:53,270
Shining in my window.
597
00:27:53,272 --> 00:27:56,306
♪ ♪
598
00:27:56,308 --> 00:27:58,308
There was a lot of hiding us in a room,
599
00:27:58,310 --> 00:28:00,277
making sure media don't get to us,
600
00:28:00,279 --> 00:28:03,514
hiding us from school.
601
00:28:03,516 --> 00:28:05,716
- I'm sure it affected all my brothers and sisters,
602
00:28:05,718 --> 00:28:10,688
but after that, Kalief had a fear of police.
603
00:28:10,690 --> 00:28:12,089
- I used to be
the type of person,
604
00:28:12,091 --> 00:28:13,691
I used to call
numbers on the phone.
605
00:28:13,693 --> 00:28:16,827
And rack my mom's phone bill up.
I seen 1-800-LAWYERS.
606
00:28:16,829 --> 00:28:18,429
- If you've been hurt
by anything:
607
00:28:18,431 --> 00:28:21,598
a car accident, a fall,
a doctor, or a hospital.
608
00:28:21,600 --> 00:28:24,768
- "Um, I have a brother, he did a lot of bad stuff,
609
00:28:24,770 --> 00:28:26,670
and he needs a lawyer."
610
00:28:26,672 --> 00:28:28,238
He was like,
"Is your mom around?"
611
00:28:28,240 --> 00:28:30,040
I was like, "Okay," and I put
my mom on the phone,
612
00:28:30,042 --> 00:28:32,876
and that's how they got, uh,
cornbread or somebody?
613
00:28:32,878 --> 00:28:36,113
Marvyn Kornberg is a high-profile,
614
00:28:36,115 --> 00:28:38,482
prolific attorney.
615
00:28:38,484 --> 00:28:40,951
Marvyn Kornberg represented the officers
616
00:28:40,953 --> 00:28:43,687
who shot Amadou Diallo 42 times.
617
00:28:43,689 --> 00:28:46,290
- Amadou!
all: Amadou!
618
00:28:46,292 --> 00:28:48,826
- To indict these police
officers for intentional murder,
619
00:28:48,828 --> 00:28:51,595
to me, is ludicrous.
620
00:28:56,469 --> 00:28:57,768
- They had to
refinance the house
621
00:28:57,770 --> 00:28:59,903
to get the money
for the lawyer.
622
00:28:59,905 --> 00:29:03,640
- Every court date that I went to, my mom went to.
623
00:29:03,642 --> 00:29:06,243
I remember the anxiety on my mother's face.
624
00:29:06,245 --> 00:29:09,613
The tears. The crying.
625
00:29:14,854 --> 00:29:17,187
- The district attorney, Robert Johnson,
626
00:29:17,189 --> 00:29:18,822
also happens to be the same
627
00:29:18,824 --> 00:29:21,358
district attorney that tried Kalief.
628
00:29:21,360 --> 00:29:23,627
Marvyn Kornberg told my mom that
629
00:29:23,629 --> 00:29:25,696
we have to wait till it dies down out of the news
630
00:29:25,698 --> 00:29:29,032
so that we can deal with it.
631
00:29:29,034 --> 00:29:33,103
But I was 15, and they waited until I turned 16
632
00:29:33,105 --> 00:29:36,707
so that I can be given a charge
as an adult,
633
00:29:36,709 --> 00:29:40,677
which would make me a felon instead of a youth offender.
634
00:29:40,679 --> 00:29:43,046
- I'm not your mother.
This is not the family court.
635
00:29:43,048 --> 00:29:45,883
And this is not school.
I put people in jail here.
636
00:29:45,885 --> 00:29:52,823
♪ ♪
637
00:30:00,599 --> 00:30:04,268
- And now, I'm a registered felon.
638
00:30:04,270 --> 00:30:07,704
I have to deal with this for the rest of my life.
639
00:30:07,706 --> 00:30:11,041
- It was personal to me, like, I knew sometimes
640
00:30:11,043 --> 00:30:13,377
people are found guilty of things they didn't do,
641
00:30:13,379 --> 00:30:15,746
but that was the risk
I was willing to take,
642
00:30:15,748 --> 00:30:18,115
'cause I'm not gonna plead
guilty to something I didn't do,
643
00:30:18,117 --> 00:30:20,684
and--and then everything's
all right.
644
00:30:20,686 --> 00:30:22,920
It's not all right.
645
00:30:22,922 --> 00:30:26,857
- This kid, who America had shat on all this time,
646
00:30:26,859 --> 00:30:30,227
is the last patriot standing,
647
00:30:30,229 --> 00:30:33,430
insisting that our court system be fair.
648
00:30:33,432 --> 00:30:35,399
And that innocents matter.
649
00:30:35,401 --> 00:30:38,702
Doesn't mean he's
a perfect person.
650
00:30:38,704 --> 00:30:41,772
But the stand that he took
was perfect.
651
00:30:44,743 --> 00:30:46,443
- When I was on Rikers Island,
652
00:30:46,445 --> 00:30:48,979
sitting in solitary confinement,
653
00:30:48,981 --> 00:30:52,883
I would say I went to court about 30 times.
654
00:30:52,885 --> 00:30:55,052
[engine revving]
655
00:30:55,054 --> 00:30:57,688
Most of those times, I didn't see my lawyer,
656
00:30:57,690 --> 00:30:59,456
a judge, or anything.
657
00:30:59,458 --> 00:31:03,527
I would just go, and I would be shackled.
658
00:31:03,529 --> 00:31:06,330
Everything was just
moving too slow.
659
00:31:06,332 --> 00:31:10,567
- It's justice in a water drip
kind of way.
660
00:31:10,569 --> 00:31:13,971
Drip, drip, drip.
661
00:31:13,973 --> 00:31:15,772
You get so frustrated, you get so
662
00:31:15,774 --> 00:31:18,208
beat down by the system that you say, "You know what?
663
00:31:18,210 --> 00:31:19,743
"I can't deal with it anymore.
664
00:31:19,745 --> 00:31:23,313
I'm gonna just plead guilty."
665
00:31:23,315 --> 00:31:27,451
- I'm proud that he didn't give in.
666
00:31:27,453 --> 00:31:29,953
But at the same time,
being that I'm his mother,
667
00:31:29,955 --> 00:31:31,855
I'm saying to myself,
"Oh, Lord, please.
668
00:31:31,857 --> 00:31:34,725
Just--just say yeah.
Say yeah."
669
00:31:34,727 --> 00:31:37,461
But that was me, 'cause I wanted
him to come home.
670
00:31:37,463 --> 00:31:40,464
[dramatic music]
671
00:31:40,466 --> 00:31:42,966
♪ ♪
672
00:31:42,968 --> 00:31:45,269
When I used to go see Kalief,
673
00:31:45,271 --> 00:31:47,537
that takes a toll on me.
674
00:31:47,539 --> 00:31:50,841
I would have to bite on my bottom lip
675
00:31:50,843 --> 00:31:55,345
so that I would feel the pain from biting my lip
676
00:31:55,347 --> 00:31:59,549
instead of the pain in my back and my legs.
677
00:31:59,551 --> 00:32:01,752
You cry on the way there.
678
00:32:01,754 --> 00:32:05,088
♪ ♪
679
00:32:05,090 --> 00:32:09,226
You cry while you're there.
680
00:32:09,228 --> 00:32:11,261
And then you cry on the way back.
681
00:32:11,263 --> 00:32:15,232
♪ ♪
682
00:32:15,234 --> 00:32:17,634
- Before my brother was put into the system,
683
00:32:17,636 --> 00:32:19,836
she wasn't like this.
684
00:32:21,573 --> 00:32:23,573
She was happy.
685
00:32:27,646 --> 00:32:31,281
["You Beat Me to the Punch"
by Mary Wells]
686
00:32:31,283 --> 00:32:33,884
- ♪ The day ♪
687
00:32:33,886 --> 00:32:36,620
♪ I first saw you, oh, whoa ♪
688
00:32:36,622 --> 00:32:39,523
♪ Passing by ♪
689
00:32:39,525 --> 00:32:41,725
♪ I wanted ♪
Come on!
690
00:32:41,727 --> 00:32:43,160
♪ To know your name ♪
691
00:32:43,162 --> 00:32:44,695
♪ But I ♪
692
00:32:44,697 --> 00:32:46,997
♪ Was much too shy ♪
693
00:32:46,999 --> 00:32:49,866
We sing.
We sing the oldies.
694
00:32:49,868 --> 00:32:51,301
♪ ♪
695
00:32:51,303 --> 00:32:55,605
The Supremes, Mary Wells,
696
00:32:55,607 --> 00:32:58,375
Stylistics.
697
00:32:58,377 --> 00:33:00,577
Got to do the steps! [laughs]
698
00:33:00,579 --> 00:33:02,546
♪ And beat me to the punch ♪
699
00:33:02,548 --> 00:33:06,216
I mean, it was just-- we had so much fun.
700
00:33:06,218 --> 00:33:08,719
I love it. I love it.
701
00:33:08,721 --> 00:33:12,456
♪ ♪
702
00:33:12,458 --> 00:33:14,191
[music fades]
703
00:33:14,193 --> 00:33:15,559
[winding]
704
00:33:15,561 --> 00:33:16,827
- After my arrest,
705
00:33:16,829 --> 00:33:18,962
where the system first entered into our family,
706
00:33:18,964 --> 00:33:22,032
my mother's health started declining.
707
00:33:22,034 --> 00:33:25,035
She had her first heart attack in 2000.
708
00:33:25,037 --> 00:33:26,670
The stress that she endured
709
00:33:26,672 --> 00:33:28,972
was more than what she could handle.
710
00:33:28,974 --> 00:33:30,474
There's a lot of things that can happen
711
00:33:30,476 --> 00:33:34,511
to your family when the courts get involved.
712
00:33:34,513 --> 00:33:35,979
My mother started having
713
00:33:35,981 --> 00:33:39,683
a whole lot of health issues.
714
00:33:39,685 --> 00:33:44,054
- I have congestive heart failure.
715
00:33:44,056 --> 00:33:47,057
- One doctor told me two years.
716
00:33:47,059 --> 00:33:51,695
Another doctor told my son
I have five years.
717
00:33:51,697 --> 00:33:55,332
- Once Kalief was arrested, she got worse.
718
00:33:55,334 --> 00:33:57,134
Everything that Kalief was going through,
719
00:33:57,136 --> 00:34:00,003
she went through it with him.
720
00:34:00,005 --> 00:34:03,206
- One time I went, and I got sick.
721
00:34:03,208 --> 00:34:05,075
♪ ♪
722
00:34:05,077 --> 00:34:07,110
I'm diabetic. I'm supposed to carry candy.
723
00:34:07,112 --> 00:34:08,612
Something sweet.
724
00:34:08,614 --> 00:34:11,882
But as I was going through the glass metal detector,
725
00:34:11,884 --> 00:34:14,151
they took it from me.
726
00:34:14,153 --> 00:34:17,821
And when I get sick, there's no warning.
727
00:34:17,823 --> 00:34:20,791
[radio chatter]
728
00:34:20,793 --> 00:34:22,159
♪ ♪
729
00:34:22,161 --> 00:34:26,129
Next thing I knew, they took me to the hospital.
730
00:34:26,131 --> 00:34:27,964
The only thing on my mind
731
00:34:27,966 --> 00:34:29,733
was I didn't get to see Kalief.
732
00:34:29,735 --> 00:34:31,668
♪ ♪
733
00:34:31,670 --> 00:34:34,671
He's still there.
734
00:34:34,673 --> 00:34:38,742
And my heart hurts from sadness.
735
00:34:38,744 --> 00:34:41,878
♪ ♪
736
00:34:41,880 --> 00:34:44,748
- I tried to keep it strong, you know, for my mom,
737
00:34:44,750 --> 00:34:47,317
but it just-- nothing was going right.
738
00:34:47,319 --> 00:34:50,253
[screaming]
739
00:34:53,358 --> 00:34:55,425
Before I went to sleep, like,
740
00:34:55,427 --> 00:34:58,295
the images, and...
741
00:34:58,297 --> 00:35:00,497
I don't know, like...
742
00:35:02,067 --> 00:35:05,435
- When did you start talking to yourself?
743
00:35:05,437 --> 00:35:07,904
- I don't remember.
744
00:35:07,906 --> 00:35:09,506
- Do you remember telling professionals
745
00:35:09,508 --> 00:35:10,807
that you were hearing voices
746
00:35:10,809 --> 00:35:13,076
telling you bad things about yourself?
747
00:35:13,078 --> 00:35:14,678
- I was pacing up and down the tier--
748
00:35:14,680 --> 00:35:16,713
I told them, "I'm not going back in my cell."
749
00:35:16,715 --> 00:35:18,381
I was noncompliant, and I felt rebellious
750
00:35:18,383 --> 00:35:20,717
because I didn't do anything.
751
00:35:20,719 --> 00:35:22,285
- I mean, that's the irony of the system.
752
00:35:22,287 --> 00:35:24,321
The worst abuses do happen to the innocent
753
00:35:24,323 --> 00:35:26,423
because they don't play by the rules.
754
00:35:26,425 --> 00:35:28,525
If you are not willing
to show remorse
755
00:35:28,527 --> 00:35:32,129
and admit guilt,
the system will screw you.
756
00:35:32,131 --> 00:35:34,131
And who isn't willing to show remorse?
757
00:35:34,133 --> 00:35:36,366
Well, someone who didn't do it in the first place.
758
00:35:36,368 --> 00:35:39,035
How can you show remorse for a crime you didn't commit?
759
00:35:39,037 --> 00:35:41,338
- What happened? - They gave me more Box days.
760
00:35:41,340 --> 00:35:43,740
♪ ♪
761
00:35:43,742 --> 00:35:45,876
- And it just seemed like everything
762
00:35:45,878 --> 00:35:47,844
was going against him.
763
00:35:47,846 --> 00:35:49,513
- On my way to the Box,
they were slamming me
764
00:35:49,515 --> 00:35:51,281
face first into walls,
765
00:35:51,283 --> 00:35:52,983
face first into doors,
766
00:35:52,985 --> 00:35:56,520
and face first
into garbage cans.
767
00:35:56,522 --> 00:35:58,655
- Oh, see me? See me now?
768
00:35:58,657 --> 00:36:01,391
Now you want to do that
'cause I can't see, right?
769
00:36:01,393 --> 00:36:04,127
Yo, what you doing this for?
770
00:36:04,129 --> 00:36:07,964
- The fact that a person
is innocent
771
00:36:07,966 --> 00:36:09,466
makes it much worse.
772
00:36:09,468 --> 00:36:13,570
Because there is no sense of propriety.
773
00:36:13,572 --> 00:36:16,006
There's no sense that what's happening to me
774
00:36:16,008 --> 00:36:18,275
is something that I deserve.
775
00:36:18,277 --> 00:36:21,478
It's just being in a Kafkaesque world,
776
00:36:21,480 --> 00:36:23,280
a world where you're suddenly
777
00:36:23,282 --> 00:36:26,116
being taken over by these malevolent forces.
778
00:36:26,118 --> 00:36:27,450
[radio chatter]
779
00:36:27,452 --> 00:36:31,288
That's a terrifying thing to experience.
780
00:36:31,290 --> 00:36:33,089
- It was just too much.
781
00:36:33,091 --> 00:36:34,558
I couldn't take it anymore.
782
00:36:34,560 --> 00:36:36,826
The Box was driving me crazy.
783
00:36:36,828 --> 00:36:39,429
I just needed a way out.
784
00:36:39,431 --> 00:36:40,931
[rattling]
785
00:36:40,933 --> 00:36:43,767
But there was no way out.
786
00:36:46,872 --> 00:36:50,373
- You hear stories of Rikers Island.
787
00:36:50,375 --> 00:36:53,043
There's no wrong and right.
788
00:36:53,045 --> 00:36:57,581
Kalief did not deserve to be in solitary confinement.
789
00:36:57,583 --> 00:37:01,551
It's a lot to ask of a 16-year-old child.
790
00:37:02,955 --> 00:37:05,755
It's inhumane.
791
00:37:07,793 --> 00:37:10,660
[screeching]
792
00:37:10,662 --> 00:37:13,029
- Chronic social isolation seems to become
793
00:37:13,031 --> 00:37:16,733
permanently damaging for all kinds of different animals.
794
00:37:16,735 --> 00:37:20,503
[howling]
795
00:37:20,505 --> 00:37:23,273
Cells that are derived from animals that have undergone
796
00:37:23,275 --> 00:37:26,042
chronic social isolation, they actually grow differently.
797
00:37:26,044 --> 00:37:29,346
The cells themselves change their structure,
798
00:37:29,348 --> 00:37:32,616
they change their function.
799
00:37:32,618 --> 00:37:34,551
Instead of making neurons,
these stem cells
800
00:37:34,553 --> 00:37:37,153
were actually making
more stem cells.
801
00:37:37,155 --> 00:37:40,657
The point, I think, is not to treat it lightly.
802
00:37:40,659 --> 00:37:43,560
- This demonstrator being carted away by officers.
803
00:37:43,562 --> 00:37:46,896
- In response to animal rights activity,
804
00:37:46,898 --> 00:37:48,732
the regulatory body that oversees
805
00:37:48,734 --> 00:37:51,301
laboratory animal research now requires
806
00:37:51,303 --> 00:37:54,771
for animals to be housed together.
807
00:37:54,773 --> 00:37:56,940
This is sort of ironic, that we require
808
00:37:56,942 --> 00:38:00,910
our animals to be co-housed,
809
00:38:00,912 --> 00:38:05,081
while we do not make this requirement for humans.
810
00:38:05,083 --> 00:38:07,684
[dramatic music]
811
00:38:07,686 --> 00:38:11,988
- Kalief had been in solitary confinement for 10 months.
812
00:38:11,990 --> 00:38:15,392
Then, finally, he got out,
813
00:38:15,394 --> 00:38:19,562
and he went back to general population.
814
00:38:19,564 --> 00:38:22,666
- What would happen after they left solitary confinement,
815
00:38:22,668 --> 00:38:24,734
the younger ones were more vulnerable,
816
00:38:24,736 --> 00:38:26,303
they got into more fights,
817
00:38:26,305 --> 00:38:31,274
they tended to not realize
their limitations.
818
00:38:31,276 --> 00:38:34,344
- Do you know why you didn't remain in general population?
819
00:38:34,346 --> 00:38:36,546
- Yes. - Why?
820
00:38:36,548 --> 00:38:39,282
- Because I had a fight.
821
00:38:39,284 --> 00:38:41,384
- 95% of these people are gonna get out
822
00:38:41,386 --> 00:38:42,719
in solitary confinement.
823
00:38:42,721 --> 00:38:45,155
Out of control,
emotionally unable
824
00:38:45,157 --> 00:38:48,358
to manage,
impulsive, rageful.
825
00:38:48,360 --> 00:38:55,865
♪ ♪
826
00:38:55,867 --> 00:38:59,703
- Kalief had a fight with another inmate, and boom.
827
00:38:59,705 --> 00:39:01,271
[rattling]
828
00:39:01,273 --> 00:39:03,440
He's back in solitary.
829
00:39:03,442 --> 00:39:05,508
This time, he's there for a long time.
830
00:39:06,578 --> 00:39:12,982
♪ ♪
831
00:39:12,984 --> 00:39:14,617
His case has been on for trial
832
00:39:14,619 --> 00:39:16,720
several times at this point,
833
00:39:16,722 --> 00:39:19,856
and it didn't seem like it was going anywhere.
834
00:39:19,858 --> 00:39:22,125
- The DA had an obligation.
835
00:39:22,127 --> 00:39:23,593
In order to be ready for trial,
836
00:39:23,595 --> 00:39:27,797
a witness has to be
reachable and available.
837
00:39:27,799 --> 00:39:30,033
- 911 operator, what's your emergency?
838
00:39:35,974 --> 00:39:42,912
♪ ♪
839
00:39:45,650 --> 00:39:47,951
[rattling]
840
00:39:47,953 --> 00:39:50,787
[horses neighing]
841
00:39:50,789 --> 00:39:52,856
[siren wailing]
842
00:39:52,858 --> 00:39:55,959
- They said they had a witness in Mexico.
843
00:39:55,961 --> 00:39:58,328
- The witness that they felt
that they had
844
00:39:58,330 --> 00:40:02,332
was no longer in the country.
845
00:40:02,334 --> 00:40:05,902
- The person wasn't even in the United States.
846
00:40:05,904 --> 00:40:07,837
The person left,
847
00:40:07,839 --> 00:40:10,874
but you let my son
rot in there.
848
00:40:10,876 --> 00:40:12,208
- All the stress from my case,
849
00:40:12,210 --> 00:40:14,978
everything was just getting to me.
850
00:40:14,980 --> 00:40:19,282
Everything I been through,
from those correction officers
851
00:40:19,284 --> 00:40:21,351
leading back up to the arrest,
852
00:40:21,353 --> 00:40:23,753
it was more
on a personal level to me,
853
00:40:23,755 --> 00:40:26,990
because it's like,
I didn't do this.
854
00:40:26,992 --> 00:40:28,892
I tried telling the correction officers
855
00:40:28,894 --> 00:40:30,593
that I wanted to see a psychiatrist
856
00:40:30,595 --> 00:40:32,061
or a counselor or something.
857
00:40:32,063 --> 00:40:33,496
I was telling them I need mental help
858
00:40:33,498 --> 00:40:36,232
because I wasn't feeling right.
859
00:40:36,234 --> 00:40:38,134
But they didn't want to hear me out.
860
00:40:38,136 --> 00:40:40,236
Nobody wanted to listen.
861
00:40:40,238 --> 00:40:42,672
I was falling apart mentally.
862
00:40:42,674 --> 00:40:46,109
I can feel it. I can tell.
863
00:40:46,111 --> 00:40:48,745
I was staring to feel suicidal.
864
00:40:48,747 --> 00:40:52,015
And nobody wanted to help me out.
865
00:40:55,086 --> 00:40:57,921
[typewriter keys clacking]
866
00:40:57,923 --> 00:41:01,090
After a while, I just gave up hope.
867
00:41:01,092 --> 00:41:03,326
I had ripped my bed sheets and made a noose out of it,
868
00:41:03,328 --> 00:41:05,528
and I had hung it to the light fixture,
869
00:41:05,530 --> 00:41:08,064
and I was about to jump.
870
00:41:08,066 --> 00:41:09,999
The correction officers were watching me
871
00:41:10,001 --> 00:41:11,534
do the whole thing.
872
00:41:11,536 --> 00:41:13,403
They were telling me, "Go ahead and jump.
873
00:41:13,405 --> 00:41:14,938
"You said you were gonna kill yourself.
874
00:41:14,940 --> 00:41:17,207
What are you waiting for?"
875
00:41:17,209 --> 00:41:19,409
[radio chatter]
876
00:41:19,411 --> 00:41:21,444
The correction officers, they opened my cell,
877
00:41:21,446 --> 00:41:25,548
and I jumped.
878
00:41:25,550 --> 00:41:27,183
- He's literally in a noose,
879
00:41:27,185 --> 00:41:28,651
hanging off the ground,
880
00:41:28,653 --> 00:41:30,753
and you can see them looking into his cell,
881
00:41:30,755 --> 00:41:34,457
standing there, doing nothing.
882
00:41:34,459 --> 00:41:37,794
I mean, what were these [bleep]
people doing?
883
00:41:37,796 --> 00:41:39,362
- They opened my cell, and they were just
884
00:41:39,364 --> 00:41:41,764
standing there watching me.
885
00:41:41,766 --> 00:41:44,167
The captain, he said, "Before I cut you down,
886
00:41:44,169 --> 00:41:47,871
you're gonna feel some pain first."
887
00:41:47,873 --> 00:41:50,607
- How long were you up there?
888
00:41:50,609 --> 00:41:52,008
- I don't know.
889
00:41:52,010 --> 00:41:56,946
♪ ♪
890
00:41:56,948 --> 00:41:59,916
- They came in and started beating him down.
891
00:41:59,918 --> 00:42:01,518
- They grabbed me, they cut me down,
892
00:42:01,520 --> 00:42:03,786
they threw me on the bed, gave me a lot of punches,
893
00:42:03,788 --> 00:42:05,154
they stomped me on the bed.
894
00:42:05,156 --> 00:42:07,290
♪ ♪
895
00:42:07,292 --> 00:42:09,392
- He ran out of the cell to get in the hallway
896
00:42:09,394 --> 00:42:12,061
'cause he knew there were cameras there.
897
00:42:12,063 --> 00:42:13,730
- They came towards me,
898
00:42:13,732 --> 00:42:16,566
and they were just swinging on me.
899
00:42:16,568 --> 00:42:18,001
I was scared.
900
00:42:18,003 --> 00:42:25,008
♪ ♪
901
00:42:25,010 --> 00:42:28,311
- Take a really good look.
902
00:42:28,313 --> 00:42:30,680
We drove
903
00:42:30,682 --> 00:42:34,117
Mr. Browder to psychosis.
904
00:42:35,487 --> 00:42:37,554
We did that.
77829
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