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In the criminal justice system,
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the people are represented
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by two separate,
yet equally important groups:
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the police, who investigate crime,
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and the district attorneys,
who prosecute the offenders.
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These are their stories.
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Hey, you!
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Hey! Hold on a minute!
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- Hands in the air!
- Oh, hey! Wait! Whoa!
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- Now!
- Hey, guys!
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Whoa! On a job!
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I'm headed to a murder scene
right around the corner.
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And what'd I say about those hands?
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Officer, they're still in the air, OK?
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I'm a detective with the 2-7.
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- Hey, get on the ground.
- There's no need for that.
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You gotta listen to what I'm saying.
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You heard him. Down on the ground.
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Do it now.
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You can put the weapon down.
I'm with the 2-7. I'm a detective.
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My shield is in my coat.
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I'm just gonna show you my shield, OK?
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- This doesn't have to escalate.
- Don't do it.
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00:00:57,492 --> 00:00:59,015
- Hey! Hey!
- No, listen!
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- Listen to me!
- Calm down!
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- You're making a mistake!
- Stand still!
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- Stop moving! Comply!
- Hey! Hey! Hey!
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What the hell are you doing?
What the hell are you doing?
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That's my partner! We're on the job!
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We're detectives of the 2-7!
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- Get off him!
- Get the hell off me!
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- Hey, back off!
- That's my partner!
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What the hell is wrong with you?
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- What's wrong with us?
- Idiot!
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Idiot! What is wrong with you?
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- Why? Why?
- Easy, easy, easy, easy.
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What's wrong with you, you idiot?
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We thought he was a murder suspect!
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- Why? Why did you think that?
- Jalen, easy. Easy.
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- Did you see what he just did?
- Yes, I did.
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Hey, a lot of people say they're cops.
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Do they have a badge?
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It's just a misunderstanding, OK?
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We're just trying to do our jobs, bro.
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- Yeah, doing our jobs.
- Taking your badges down.
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- Don't do that. Come on.
- That's not your job!
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- Guys, get out of here.
- This is not over.
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- I said get out of here!
- Hey, you're gonna be sorry!
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- We're gonna be sorry, huh?
- You're gonna be sorry!
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- Just walk away!
- Get the hell out of here!
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Jalen. Jalen, easy, easy.
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I know. Easy.
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You good?
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Yeah.
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Just another day in paradise.
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[DRAMATIC MUSIC]
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♪
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- Synced and corrected by synk -
- www.addic7ed.com -
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Likely cause of death is
blunt force trauma to the head.
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00:02:50,779 --> 00:02:53,738
Ooh, smells like
he took a bath in merlot.
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That bottle is probably
the murder weapon.
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You think?
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Bag that.
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Get it over to the lab. Check the DNA.
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- Any witnesses?
- None so far.
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Who found the body?
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A sanitation worker.
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00:03:10,407 --> 00:03:12,975
A lot of door cams on this block.
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Get a video canvass of the area as well.
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Oh, the killer left a $5,000 watch.
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And his cell phone.
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Not a robbery.
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- Is that the wallet?
- Yeah.
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Still got cash and credit cards.
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Darian Marshall, MD.
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A doctor.
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What's that Bible saying?
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He saved others,
but he couldn't save himself.
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Hey.
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How's it going?
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- What are you doing here?
- Peace offering.
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[SCOFFS]
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I came here to apologize.
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Yeah, I see that.
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You're not much for small talk.
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Correct.
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OK.
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I'm up for detective.
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You filing a complaint against
me is not going to help,
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so I'm asking you to look past
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my unfortunate and emotional
reaction to the situation.
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We were looking for a killer.
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Tensions were high.
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Yeah. Then along came
a big, strapping brother,
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- so he'll do, right?
- That's not what I...
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You had your guns drawn, pointed at me.
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You didn't even give me
a chance to show you my badge.
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We thought we were
staring down the suspect
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- of a murder investigation.
- No, no, no, no, no.
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You knew you were
looking at a Black man,
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and you assumed
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that he was a subject
of a murder investigation.
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For all you knew, it could
have been a 5' white woman.
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It's always about race.
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It always is with you guys, isn't it?
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Do what you gotta do, Detective,
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but I'd think real hard
about your next move.
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00:05:01,736 --> 00:05:03,346
You threatening me?
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I'm just saying,
this is the brotherhood.
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Brotherhood based on the color blue.
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Victim is a heart surgeon.
As of now, no witnesses.
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- Video?
- Nothing so far.
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Any indication it was a mugging?
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Victim had a wallet
full of cash in his pocket
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and expensive jewelry on,
so I don't think so.
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Maybe it was a drug deal gone bad.
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It's possible, but he was
a cardiothoracic surgeon,
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so why...
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Just riffing here, Jalen.
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Not a lot of trafficking
in that area, Lieu.
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There was no paraphernalia
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or residue in the victim's possessions,
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and there was no drugs
or alcohol in his system.
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- ME give a time of death?
- Yeah.
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Sometime between 9:00 p.m. and midnight.
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What else do we know about the vic?
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Divorced.
Lived and worked in the Upper East Side.
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00:06:05,321 --> 00:06:07,869
Any reason why he was down
in the meatpacking district?
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00:06:07,894 --> 00:06:09,951
Not yet, but we are
running his financials.
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00:06:09,976 --> 00:06:11,368
Put together a timeline.
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We'll start at the hospital
where he worked.
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Down to earth, friendly.
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Dr. Marshall was one of the good ones.
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Always made a point of asking
about my wife and kids.
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There it is.
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Time stamp says he left at 7:42 p.m.
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Look at that guy.
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He seems to be following Dr. Marshall.
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Do you have any video from outside?
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Check it out.
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00:06:47,129 --> 00:06:49,653
Yeah, Marshall's talking to that guy.
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Who is he?
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His name's Hopkins.
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He's a doctor.
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Thank you.
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I heard what happened.
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Tragic. A real loss.
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00:07:03,449 --> 00:07:06,757
But I'm not sure how I can help.
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00:07:06,801 --> 00:07:08,977
Dr. Hopkins, is there
anyone you can think of
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- who wanted to hurt him?
- No.
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I may not be the right person to ask.
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I didn't know him that well.
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You worked together
for a couple of years.
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00:07:19,727 --> 00:07:22,164
Yeah. How did you two get along?
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We were cordial.
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If I think of anything,
I'll let you know.
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I need to get back to my patients.
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Oh, according to the chief of surgery,
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you're not allowed
to see patients anymore, right?
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You're on administrative duty.
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And we understand
that Dr. Marshall had something
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to do with that.
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I think I'd like to contact my attorney.
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I think that attorney should
meet you down to the precinct.
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00:07:50,321 --> 00:07:54,413
We got you on video two hours
before Dr. Marshall was killed.
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You were yelling at him.
You shoved him into a wall.
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Plus, we know that Dr. Marshall
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was accusing you of misconduct.
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Said that you were
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performing unnecessary
bypass surgeries on patients.
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Dr. Hopkins will be fully exonerated.
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Dr. Marshall was scheduled
to testify against you.
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I've done nothing wrong.
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I present the pros and cons
of the surgery,
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00:08:13,824 --> 00:08:16,261
and patients made
their own risk assessments.
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Marshall's patients didn't trust him.
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A lot of them ended up coming
to me for second opinions.
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So Dr. Marshall
cooked up a bunch of lies
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to make himself look better.
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The Department of Public
Health might beg to differ.
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Come on.
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Clearly, you had a bone
to pick with the man.
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00:08:32,800 --> 00:08:35,150
You're right. I couldn't stand him.
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He was sanctimonious, butted
into everyone's business,
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00:08:37,979 --> 00:08:39,545
but that doesn't mean I killed him.
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00:08:39,589 --> 00:08:42,636
Where'd you go that night
after you left the hospital?
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A theater.
188
00:08:46,161 --> 00:08:49,120
Dr. Hopkins's alibi checks out.
189
00:08:49,164 --> 00:08:50,774
He went to the theater with his wife.
190
00:08:50,818 --> 00:08:53,951
Saw "Othello,"
in case you were wondering.
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00:08:53,995 --> 00:08:56,432
Then they had dinner, car service home.
192
00:08:56,475 --> 00:08:59,000
So I got ticket stubs, credit
card receipts, and video.
193
00:08:59,043 --> 00:09:00,828
I just got into the victim's phone.
194
00:09:00,871 --> 00:09:02,830
The last time he used it
was for a rideshare app.
195
00:09:02,873 --> 00:09:05,920
Car picked him up
at Mercy General at 7:48 p.m.
196
00:09:05,963 --> 00:09:07,704
- Where'd he go?
- A condo building
197
00:09:07,748 --> 00:09:09,706
two blocks from the crime scene.
198
00:09:09,750 --> 00:09:10,794
On our way.
199
00:09:10,838 --> 00:09:12,230
Nice work, Yee.
200
00:09:12,274 --> 00:09:14,885
Thanks.
201
00:09:14,929 --> 00:09:16,757
So you made up your mind?
202
00:09:16,800 --> 00:09:18,759
You gonna file the report?
203
00:09:18,802 --> 00:09:21,065
Not sure.
204
00:09:21,109 --> 00:09:23,589
Any words of wisdom you wanna impart?
205
00:09:23,633 --> 00:09:25,330
Nothing you haven't heard before.
206
00:09:25,374 --> 00:09:27,550
Blue wall. Brotherhood.
207
00:09:27,593 --> 00:09:30,118
Best to resolve these things
off the record.
208
00:09:30,161 --> 00:09:33,164
You know, all those cop clichés.
209
00:09:33,208 --> 00:09:36,037
But they are clichés for a reason.
210
00:09:36,080 --> 00:09:37,778
You're not saying I should
turn the other cheek, are you?
211
00:09:37,821 --> 00:09:40,258
I'm saying that cops have long memories.
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00:09:40,302 --> 00:09:41,564
But I'm white.
213
00:09:41,607 --> 00:09:43,435
Things like that never happen
to guys like me.
214
00:09:43,479 --> 00:09:45,742
- Nope.
- But...
215
00:09:49,528 --> 00:09:52,749
If you wanna press charges
and roll these pricks up,
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00:09:52,793 --> 00:09:54,838
I got your back till the end.
217
00:09:54,882 --> 00:09:56,448
Appreciate that, Frank.
218
00:10:05,699 --> 00:10:08,397
Darian and I had our issues,
but he was a good man.
219
00:10:08,809 --> 00:10:10,636
Worked really hard to get where he was.
220
00:10:10,680 --> 00:10:13,074
He was a great father too.
221
00:10:13,117 --> 00:10:14,989
- Please.
- Thank you.
222
00:10:15,032 --> 00:10:16,817
When did you two split up?
223
00:10:18,775 --> 00:10:21,560
We finalized the divorce
a couple months ago.
224
00:10:21,604 --> 00:10:24,172
And why did he come by here last night?
225
00:10:24,215 --> 00:10:27,131
He came to see our daughter.
We just moved in.
226
00:10:27,175 --> 00:10:28,642
Darian had never been here before.
227
00:10:28,667 --> 00:10:30,787
And how long did he stay?
228
00:10:30,831 --> 00:10:33,790
About an hour.
We all had dinner together.
229
00:10:33,834 --> 00:10:36,192
Did he happen to mention
where he was going afterwards?
230
00:10:36,217 --> 00:10:38,422
No.
231
00:10:38,447 --> 00:10:40,492
I kind of rushed him out of here.
232
00:10:40,536 --> 00:10:45,236
My new boyfriend was
coming over, and he...
233
00:10:45,279 --> 00:10:47,021
I didn't want any drama.
234
00:10:47,064 --> 00:10:49,371
What? Those two don't get along?
235
00:10:49,414 --> 00:10:50,676
No.
236
00:10:50,720 --> 00:10:53,984
Greg, my boyfriend, he gets jealous.
237
00:10:54,028 --> 00:10:58,815
So Darian leaves, and then
your boyfriend comes over?
238
00:10:58,859 --> 00:11:00,164
Yeah.
239
00:11:00,208 --> 00:11:02,776
But he saw there were
three plates in the sink,
240
00:11:02,819 --> 00:11:05,866
knew Darian had just been here,
and he left.
241
00:11:05,909 --> 00:11:09,130
He just left because there
were three plates in the sink?
242
00:11:09,173 --> 00:11:11,654
Like I said, he gets jealous of Darian.
243
00:11:11,697 --> 00:11:13,917
And how long did he stay?
244
00:11:13,961 --> 00:11:15,440
I don't know.
245
00:11:15,484 --> 00:11:16,964
Maybe ten minutes.
246
00:11:19,314 --> 00:11:22,099
We need to talk to Greg.
247
00:11:22,143 --> 00:11:23,884
Immediately.
248
00:11:28,149 --> 00:11:29,846
The guy was a pompous ass,
249
00:11:29,890 --> 00:11:32,022
always hanging around my girlfriend.
250
00:11:32,066 --> 00:11:34,111
Couldn't just let her go, live her life.
251
00:11:34,154 --> 00:11:35,939
They got a kid together.
252
00:11:35,983 --> 00:11:37,419
Yeah, I know.
253
00:11:37,462 --> 00:11:39,900
It wasn't just that.
It was his attitude too.
254
00:11:39,943 --> 00:11:42,337
He was always acting like he
was better than everyone else
255
00:11:42,380 --> 00:11:43,729
just because he was a doctor.
256
00:11:43,773 --> 00:11:45,506
- You see him last night?
- Whoa. Hold on.
257
00:11:45,531 --> 00:11:47,951
I didn't kill the guy if
that's what you're getting at.
258
00:11:47,995 --> 00:11:49,431
I didn't ask you that.
259
00:11:49,474 --> 00:11:51,597
Where'd you go after you
left your girlfriend's house?
260
00:11:51,622 --> 00:11:52,869
I came back here.
261
00:11:52,913 --> 00:11:54,523
Here?
262
00:11:54,566 --> 00:11:56,873
That's kind of late. After 9:00?
263
00:11:56,917 --> 00:11:59,049
I sell security systems.
264
00:11:59,093 --> 00:12:01,357
Every night, I collect
all the data from the apps,
265
00:12:01,382 --> 00:12:03,591
the ones that report all
the local criminal activity,
266
00:12:03,616 --> 00:12:05,839
and I post the results on social media.
267
00:12:05,882 --> 00:12:08,537
You report criminal activity
in this area?
268
00:12:08,580 --> 00:12:10,582
Things are kind of tame around here.
269
00:12:10,626 --> 00:12:12,062
Not according to the apps.
270
00:12:12,106 --> 00:12:15,892
My orders have quadrupled
in the last three months.
271
00:12:15,936 --> 00:12:18,112
What can I say?
Fear's a powerful sales tactic.
272
00:12:18,155 --> 00:12:21,245
What can I say?
Alibis need verification.
273
00:12:21,289 --> 00:12:23,204
Sure.
274
00:12:23,247 --> 00:12:25,423
Three employees were
still working when I got here,
275
00:12:25,467 --> 00:12:28,644
plus, I've got surveillance cameras
inside and outside the office.
276
00:12:30,602 --> 00:12:32,822
Big surprise.
277
00:12:34,084 --> 00:12:35,738
We can cross Donnelly off the list.
278
00:12:35,781 --> 00:12:37,348
He definitely was
at his office that night
279
00:12:37,392 --> 00:12:39,046
and didn't leave till after midnight.
280
00:12:39,089 --> 00:12:40,351
Yeah, we checked on the posts
that he was talking about too.
281
00:12:40,395 --> 00:12:41,613
What kind of posts?
282
00:12:41,657 --> 00:12:43,050
There's these apps that people use
283
00:12:43,093 --> 00:12:44,965
- to report crimes in their area.
- My wife uses it.
284
00:12:45,008 --> 00:12:46,488
Checks out what's going on
in the neighborhood.
285
00:12:46,531 --> 00:12:47,924
Yeah, so according to these apps,
286
00:12:47,968 --> 00:12:49,578
there was three robberies reported
287
00:12:49,621 --> 00:12:52,233
in the vicinity
of Dr. Marshall's murder.
288
00:12:52,276 --> 00:12:53,799
We spoke to two of the vics.
289
00:12:53,843 --> 00:12:55,149
The first one, bodega owner
290
00:12:55,192 --> 00:12:57,586
who accused a kid
of stealing a candy bar.
291
00:12:57,629 --> 00:13:00,719
The second one was
a 55-year-old divorceé
292
00:13:00,763 --> 00:13:03,461
who accused a Hispanic man
of looking at her funny.
293
00:13:03,505 --> 00:13:04,723
What about the third?
294
00:13:04,767 --> 00:13:06,377
Just found him,
and we're going there now.
295
00:13:06,421 --> 00:13:07,552
All right.
296
00:13:07,596 --> 00:13:09,511
Let's hope third time's a charm.
297
00:13:12,383 --> 00:13:13,558
What is this about?
298
00:13:13,602 --> 00:13:16,474
Did you find the guy who robbed me?
299
00:13:16,518 --> 00:13:18,302
No, we were actually hoping
300
00:13:18,346 --> 00:13:20,696
that you could shed some light
on the incident for us.
301
00:13:20,739 --> 00:13:22,741
I already told you
everything that I know.
302
00:13:22,785 --> 00:13:24,656
If you don't mind,
we'd like to go over it again.
303
00:13:24,700 --> 00:13:26,832
There's a possibility
that it's connected
304
00:13:26,876 --> 00:13:29,966
to a murder that we're investigating.
305
00:13:30,010 --> 00:13:31,968
Murder?
306
00:13:32,012 --> 00:13:33,622
Really?
307
00:13:33,665 --> 00:13:37,147
We're not the robbery cops.
308
00:13:37,191 --> 00:13:40,977
Um, so...
309
00:13:41,021 --> 00:13:43,066
he approached me from behind.
310
00:13:43,110 --> 00:13:45,503
He asked for my phone, my wallet.
311
00:13:45,547 --> 00:13:47,679
I give him both.
312
00:13:47,723 --> 00:13:49,855
And then, this guy,
313
00:13:49,899 --> 00:13:51,988
he cracks me over the head
with something.
314
00:13:52,032 --> 00:13:55,513
- Could it have been a bottle?
- Uh, yeah.
315
00:13:55,557 --> 00:13:57,994
Whatever it was, it knocked me
unconscious for a second.
316
00:13:58,038 --> 00:13:59,865
Do you remember
what this guy looked like?
317
00:13:59,909 --> 00:14:02,346
Maybe his height, his weight, his race?
318
00:14:02,390 --> 00:14:06,524
Black. 5'7"-ish. Stocky.
319
00:14:06,568 --> 00:14:08,178
Approximate age?
320
00:14:08,222 --> 00:14:10,833
He's young. 18, 19.
321
00:14:10,876 --> 00:14:13,289
Do you remember anything
about his appearance? His clothing?
322
00:14:13,314 --> 00:14:15,185
Ski jacket.
323
00:14:15,229 --> 00:14:18,623
Some kind of wool cap.
324
00:14:25,500 --> 00:14:27,632
Mr. Burke, are you OK?
325
00:14:27,676 --> 00:14:29,286
Not really.
326
00:14:32,637 --> 00:14:34,552
It was traumatic, all right?
327
00:14:34,596 --> 00:14:37,729
I don't love reliving it.
328
00:14:37,773 --> 00:14:40,819
I thought that I was gonna die, so...
329
00:14:40,863 --> 00:14:43,997
And I didn't know anything
about this recent tragedy.
330
00:14:44,040 --> 00:14:46,216
After what happened,
I don't really walk around
331
00:14:46,260 --> 00:14:47,478
after dark anymore.
332
00:14:47,522 --> 00:14:49,045
We understand.
333
00:14:49,089 --> 00:14:52,266
If that's all, I'd like
you guys to leave, please.
334
00:14:55,095 --> 00:14:56,270
Thank you.
335
00:15:03,929 --> 00:15:06,323
Hey, Lieu, Brian Burke's robbery
336
00:15:06,367 --> 00:15:09,065
and Dr. Marshall's murder
could be connected.
337
00:15:09,109 --> 00:15:11,067
Both victims were approached
from behind,
338
00:15:11,111 --> 00:15:13,069
hit in the head with blunt objects.
339
00:15:13,113 --> 00:15:14,810
They happened in the same vicinity,
340
00:15:14,853 --> 00:15:16,246
around the same time of night.
341
00:15:16,290 --> 00:15:18,988
All right, let's check
the video and door cam footage
342
00:15:19,032 --> 00:15:20,598
from the night of Marshall's murder
343
00:15:20,642 --> 00:15:23,253
and see if anyone in the area
matches Burke's description.
344
00:15:23,297 --> 00:15:24,341
Done. Vi's on it.
345
00:15:24,385 --> 00:15:26,474
Hey. Can I talk to you for a sec?
346
00:15:26,517 --> 00:15:27,736
Just come on in.
347
00:15:27,779 --> 00:15:29,303
Shut the door.
348
00:15:32,610 --> 00:15:34,264
- What's up?
- So I got a call
349
00:15:34,308 --> 00:15:37,572
from Wagner and Farley's
union rep today.
350
00:15:37,615 --> 00:15:39,661
[CHUCKLES DRYLY] Yeah.
351
00:15:39,704 --> 00:15:42,403
OK. It was only a matter of time.
352
00:15:42,446 --> 00:15:44,274
What's he wanna do? Mediate?
353
00:15:44,318 --> 00:15:46,102
More like attack.
354
00:15:47,495 --> 00:15:48,713
Excuse me?
355
00:15:48,757 --> 00:15:50,193
He's coming for you.
356
00:15:50,237 --> 00:15:53,109
He said that you violated
departmental rules
357
00:15:53,153 --> 00:15:54,589
by refusing to get on the ground.
358
00:15:54,632 --> 00:15:56,330
They said I...
359
00:15:56,373 --> 00:15:58,201
That lawyer can kiss my ass.
How about that?
360
00:15:58,245 --> 00:16:02,640
I would not be so quick to dismiss that.
361
00:16:02,684 --> 00:16:03,815
You gotta trust me.
362
00:16:03,859 --> 00:16:06,166
I come from a long line of cops,
363
00:16:06,209 --> 00:16:08,255
and I know exactly how
this thing is gonna play out.
364
00:16:08,298 --> 00:16:11,127
Lieu, those two cops crossed the line.
365
00:16:11,171 --> 00:16:13,173
They wouldn't listen
to a word I was saying.
366
00:16:13,216 --> 00:16:15,479
They wouldn't let me badge them.
367
00:16:15,523 --> 00:16:16,872
They had their guns drawn.
368
00:16:16,915 --> 00:16:18,743
They were practically
itching to light me up.
369
00:16:18,787 --> 00:16:19,812
It's your call.
370
00:16:19,837 --> 00:16:21,529
I just need to let you know
what's going on.
371
00:16:21,572 --> 00:16:24,488
And whatever you decide,
you've got my full support.
372
00:16:24,532 --> 00:16:26,838
You just have to understand
373
00:16:26,882 --> 00:16:29,667
what you're stepping into right now.
374
00:16:29,711 --> 00:16:32,366
- What does that mean?
- Come on, Jalen.
375
00:16:32,409 --> 00:16:35,108
As much as I hate to admit it,
you know exactly how it works
376
00:16:35,151 --> 00:16:37,022
when a cop goes after another cop.
377
00:16:37,066 --> 00:16:38,502
I'm not the bad guy here.
378
00:16:38,546 --> 00:16:41,940
Look, the department
is making so many changes,
379
00:16:41,984 --> 00:16:44,552
so many for the good,
but when it comes to this...
380
00:16:44,595 --> 00:16:48,164
This thing... We are stuck back in 1974.
381
00:16:48,208 --> 00:16:50,253
So it doesn't even matter
how right you are.
382
00:16:50,297 --> 00:16:51,994
And I know.
383
00:16:52,037 --> 00:16:54,127
I know you're right.
384
00:16:57,434 --> 00:17:01,264
This is the kind of thing that
is gonna destroy your career.
385
00:17:04,398 --> 00:17:05,789
OK.
386
00:17:07,530 --> 00:17:09,924
I get it.
387
00:17:09,968 --> 00:17:12,754
We're supposed
to protect each other, right?
388
00:17:12,797 --> 00:17:14,495
All those rah-rah speeches
389
00:17:14,538 --> 00:17:17,933
about being blue
and protecting your brother,
390
00:17:17,976 --> 00:17:19,847
they were written by white guys.
391
00:17:22,111 --> 00:17:24,722
So you can tell that union lawyer
392
00:17:24,766 --> 00:17:26,202
and those two white cops
393
00:17:26,246 --> 00:17:29,553
they are trying to scare the wrong man.
394
00:17:29,597 --> 00:17:31,164
OK.
395
00:17:31,207 --> 00:17:32,469
I'm gonna call internal affairs
396
00:17:32,513 --> 00:17:34,776
and tell them you're moving forward.
397
00:17:36,604 --> 00:17:38,171
Thank you.
398
00:17:57,712 --> 00:18:01,498
I've gone through every shred of video
from the night of the murder.
399
00:18:01,542 --> 00:18:03,108
I can't find anyone
who even remotely fits
400
00:18:03,152 --> 00:18:05,328
Burke's description
of the guy who robbed him.
401
00:18:05,372 --> 00:18:06,677
Worth a shot.
402
00:18:06,721 --> 00:18:08,853
I did find
something interesting, though.
403
00:18:08,897 --> 00:18:11,204
Surveillance video
from Burke's neighbor.
404
00:18:11,247 --> 00:18:12,814
Check it out.
405
00:18:15,512 --> 00:18:16,861
That's Burke.
406
00:18:16,905 --> 00:18:19,516
Taken around the time
of the murder, 10:04 p.m.
407
00:18:19,560 --> 00:18:21,388
- Play the video.
- Mm-hmm.
408
00:18:23,912 --> 00:18:25,566
His hands are shaking so much,
409
00:18:25,609 --> 00:18:27,959
he can barely hold on to his keys.
410
00:18:32,312 --> 00:18:35,402
I thought you didn't go out
after dark anymore.
411
00:18:35,445 --> 00:18:37,273
- What are you...
- 'Cause we got a receipt
412
00:18:37,317 --> 00:18:39,971
that shows you purchased
a bottle of wine
413
00:18:40,015 --> 00:18:44,149
at a local liquor store at 9:47 p.m.
414
00:18:44,193 --> 00:18:46,717
And there's a video of you
15 minutes later
415
00:18:46,761 --> 00:18:49,503
that puts you a block
from the crime scene,
416
00:18:49,546 --> 00:18:51,940
and you're not holding
a bottle of wine anymore.
417
00:18:51,983 --> 00:18:54,551
So the only question
I have for you now is,
418
00:18:54,595 --> 00:18:56,423
why did you do it?
419
00:18:56,466 --> 00:18:58,033
This is outrageous.
420
00:18:58,076 --> 00:19:00,905
My client is the victim
of a violent crime.
421
00:19:00,949 --> 00:19:02,733
Why don't you save
your outrage and indignation
422
00:19:02,777 --> 00:19:04,996
and just have your client
tell us what happened?
423
00:19:07,738 --> 00:19:11,089
Go ahead. Tell them.
424
00:19:11,133 --> 00:19:12,569
It was self-defense.
425
00:19:16,791 --> 00:19:18,575
You're saying he came to you.
426
00:19:18,619 --> 00:19:19,924
He approached me from behind,
427
00:19:19,968 --> 00:19:22,100
and he pretended to ask for directions.
428
00:19:22,144 --> 00:19:23,711
And then, I turn around
to get a look at the guy,
429
00:19:23,754 --> 00:19:25,408
and I see he has something
in his hand, a gun,
430
00:19:25,452 --> 00:19:28,411
so I hit him over the head
with the only thing that I had,
431
00:19:28,455 --> 00:19:29,804
which was a wine bottle.
432
00:19:29,847 --> 00:19:31,327
And then, you just fled the scene.
433
00:19:31,371 --> 00:19:33,242
- Yeah, I panicked.
- You didn't try to help him?
434
00:19:33,286 --> 00:19:34,722
Call 911?
435
00:19:34,765 --> 00:19:37,551
No, I ran home. I called a lawyer.
436
00:19:37,594 --> 00:19:39,292
She said do nothing.
437
00:19:39,335 --> 00:19:41,206
I can verify that.
438
00:19:41,250 --> 00:19:42,817
Great advice, Counselor.
439
00:19:42,860 --> 00:19:46,211
You see, Darian Marshall...
440
00:19:46,255 --> 00:19:48,866
was really asking you for directions.
441
00:19:48,910 --> 00:19:50,520
And he wasn't holding a gun.
442
00:19:50,564 --> 00:19:53,784
It was a cell phone.
443
00:19:53,828 --> 00:19:57,048
He was a well-regarded heart surgeon,
444
00:19:57,092 --> 00:20:01,836
and you left him on the street
to die like an animal.
445
00:20:03,185 --> 00:20:06,057
No more questions. We're done.
446
00:20:06,101 --> 00:20:08,495
[DOOR OPENS]
447
00:20:09,365 --> 00:20:11,802
- You believe him?
- I definitely don't think
448
00:20:11,846 --> 00:20:13,456
he set out to kill anyone that night.
449
00:20:13,500 --> 00:20:14,805
- That's for sure.
- Yeah.
450
00:20:14,849 --> 00:20:16,720
It doesn't mean
it was self-defense either.
451
00:20:16,764 --> 00:20:18,418
Let me call Price. See what he thinks.
452
00:20:18,461 --> 00:20:19,767
Excuse me.
453
00:20:19,810 --> 00:20:23,161
- Detective Shaw?
- Yeah.
454
00:20:23,205 --> 00:20:25,425
I'm Sergeant Frank Matthews,
Internal Affairs.
455
00:20:25,468 --> 00:20:26,643
You got a minute?
456
00:20:26,687 --> 00:20:28,819
Absolutely. We can talk in here.
457
00:20:33,650 --> 00:20:35,086
Thank you for coming so soon.
458
00:20:35,130 --> 00:20:36,827
I know Lieutenant Dixon
just reached out to you,
459
00:20:36,871 --> 00:20:37,872
so I appreciate it.
460
00:20:37,915 --> 00:20:40,657
I'm not here about that.
461
00:20:40,701 --> 00:20:42,267
OK. What are you here for?
462
00:20:42,311 --> 00:20:45,662
Officers Wagner and Farley
filed a complaint against you.
463
00:20:45,706 --> 00:20:48,578
You're here to investigate me?
464
00:20:48,622 --> 00:20:50,101
You can get in touch with your union rep
465
00:20:50,145 --> 00:20:51,842
and consult an attorney if you want.
466
00:20:51,886 --> 00:20:54,497
I don't need a lawyer. I don't...
467
00:20:54,541 --> 00:20:56,847
The officers claim
they ordered you to the ground.
468
00:20:56,891 --> 00:20:58,414
They did, and I refused.
469
00:20:58,458 --> 00:21:01,199
I wasn't about
to get on my knees for anybody,
470
00:21:01,243 --> 00:21:02,723
much less those two cops.
471
00:21:02,766 --> 00:21:04,594
Now, you and I both know
what could have happened
472
00:21:04,638 --> 00:21:06,335
if I had complied.
473
00:21:06,379 --> 00:21:10,992
Look, sometimes
you have to let things slide.
474
00:21:11,035 --> 00:21:13,168
- Keep an eye on the big picture.
- OK.
475
00:21:13,211 --> 00:21:15,475
I've had to put up with
a lot to get to where I am.
476
00:21:15,518 --> 00:21:18,216
If you drop your complaint,
I'm confident they will too.
477
00:21:18,260 --> 00:21:19,740
Right.
478
00:21:19,783 --> 00:21:21,742
I understand what it feels like
479
00:21:21,785 --> 00:21:23,526
to be on the other end of the nonsense.
480
00:21:23,570 --> 00:21:25,659
I do. Trust me.
481
00:21:25,702 --> 00:21:28,226
But let's face it,
nothing really happened.
482
00:21:28,270 --> 00:21:30,794
Nobody got hurt.
So why make a big deal about it,
483
00:21:30,838 --> 00:21:32,753
invite all kinds of negative attention?
484
00:21:32,796 --> 00:21:35,277
This kind of thing makes us look bad.
485
00:21:41,588 --> 00:21:43,154
Us?
486
00:21:45,374 --> 00:21:47,071
The police.
487
00:21:48,943 --> 00:21:49,987
Right.
488
00:21:51,380 --> 00:21:52,903
[KNOCKS AT DOOR]
489
00:21:52,947 --> 00:21:54,209
Price needs to see us.
490
00:21:55,950 --> 00:21:58,126
Thanks for making time, Sergeant.
491
00:21:59,954 --> 00:22:01,390
It's a tough one.
492
00:22:01,434 --> 00:22:04,611
I'm not quite sure
what the right charge is.
493
00:22:08,310 --> 00:22:09,616
I vote murder.
494
00:22:09,659 --> 00:22:11,835
Innocent man is walking down the street,
495
00:22:11,879 --> 00:22:13,402
minding his own business.
496
00:22:13,446 --> 00:22:14,795
He gets bashed in the head.
497
00:22:14,838 --> 00:22:16,753
I'm not really sure
what we're discussing here.
498
00:22:16,797 --> 00:22:18,494
Well, Burke could have
a legitimate claim
499
00:22:18,538 --> 00:22:20,104
of self-defense.
500
00:22:20,148 --> 00:22:21,802
He can claim whatever he wants.
501
00:22:21,845 --> 00:22:24,065
He was never in any actual danger.
502
00:22:24,108 --> 00:22:27,198
And he left the man
bleeding in the street.
503
00:22:27,242 --> 00:22:30,027
He had recently been the
victim of a violent mugging
504
00:22:30,071 --> 00:22:31,159
in that same neighborhood.
505
00:22:31,202 --> 00:22:33,117
His assailant hasn't been caught.
506
00:22:33,161 --> 00:22:36,033
A physically imposing man
he's never seen before...
507
00:22:36,077 --> 00:22:40,124
Physically imposing Black man.
508
00:22:40,168 --> 00:22:41,648
Right?
509
00:22:44,999 --> 00:22:48,655
That approached him
for no apparent reason.
510
00:22:48,698 --> 00:22:50,308
He was in fear for his life,
511
00:22:50,352 --> 00:22:52,615
even though his fear turned out
to be unwarranted.
512
00:22:52,659 --> 00:22:54,008
I'm no lawyer,
513
00:22:54,051 --> 00:22:57,446
but doesn't that fear
have to be reasonable,
514
00:22:57,490 --> 00:23:01,363
you know, from a objective
person's perspective?
515
00:23:01,406 --> 00:23:02,799
Frank Cosgrove, Esq.
516
00:23:02,843 --> 00:23:04,801
But a jury might determine
517
00:23:04,845 --> 00:23:06,716
that Burke's fear was reasonable.
518
00:23:06,760 --> 00:23:08,849
Reasonable?
519
00:23:10,198 --> 00:23:13,549
Nolan, softening the charges...
520
00:23:13,593 --> 00:23:16,030
ratifies what they did.
521
00:23:16,073 --> 00:23:20,687
I'm simply acknowledging
the weakness of a murder case.
522
00:23:20,730 --> 00:23:23,516
You're a lawyer. You understand that.
523
00:23:23,559 --> 00:23:25,213
I was a lawyer.
524
00:23:26,649 --> 00:23:29,522
Now, I'm a cop.
525
00:23:29,565 --> 00:23:32,176
A Black cop.
526
00:23:32,220 --> 00:23:36,050
And unfortunately,
I just got yet another lesson
527
00:23:36,093 --> 00:23:37,704
in what that means,
and what that means is,
528
00:23:37,747 --> 00:23:39,009
when you're Black in this country,
529
00:23:39,295 --> 00:23:42,951
you are guilty
in too many people's eyes.
530
00:23:44,841 --> 00:23:48,192
Burke made a false assumption
531
00:23:48,236 --> 00:23:50,325
based on Dr. Marshall's skin color,
532
00:23:50,368 --> 00:23:52,109
and worse, he acted on that assumption.
533
00:23:52,153 --> 00:23:55,504
And now, Dr. Marshall,
that Black doctor, is dead.
534
00:23:57,245 --> 00:24:00,727
If that is not enough
for a murder charge,
535
00:24:00,770 --> 00:24:03,033
I gotta start rethinking
how I'm spending my time
536
00:24:03,077 --> 00:24:04,644
risking my life in the street with Frank
537
00:24:04,687 --> 00:24:07,385
to bring you good arrests just
to watch you water them down.
538
00:24:19,093 --> 00:24:21,965
Yes, I will.
539
00:24:22,009 --> 00:24:24,141
Phone won't stop ringing.
540
00:24:24,185 --> 00:24:27,492
CEOs, heads of charities,
541
00:24:27,536 --> 00:24:31,322
more than a handful of political donors,
542
00:24:31,366 --> 00:24:35,457
all asking me to reconsider
indicting Brian Burke.
543
00:24:35,500 --> 00:24:36,850
Doesn't surprise me. He chairs one
544
00:24:36,893 --> 00:24:39,461
of the biggest charitable
foundations in the city.
545
00:24:39,504 --> 00:24:42,507
Everyone says he's a good man.
546
00:24:42,551 --> 00:24:44,553
Certainly not a racist.
547
00:24:44,597 --> 00:24:46,163
I'm not challenging his character, Jack.
548
00:24:46,207 --> 00:24:48,035
I'm challenging his actions.
549
00:24:48,078 --> 00:24:49,776
I've weighed both sides of the equation.
550
00:24:49,819 --> 00:24:53,257
Jalen Shaw made a compelling case.
551
00:24:53,301 --> 00:24:56,652
You want to charge murder?
552
00:24:56,696 --> 00:24:58,523
Can you prove it?
553
00:24:58,567 --> 00:25:01,222
It'll be close, but I have to try.
554
00:25:01,265 --> 00:25:02,397
Why is that?
555
00:25:02,440 --> 00:25:03,833
If I charge manslaughter,
556
00:25:03,877 --> 00:25:06,488
what kind of message will I be sending?
557
00:25:06,531 --> 00:25:10,013
That you can assault and kill Black men
558
00:25:10,057 --> 00:25:11,449
because you're scared?
559
00:25:12,537 --> 00:25:13,713
[KNOCKS AT DOOR]
560
00:25:13,756 --> 00:25:15,410
Burke's lawyer wants to meet.
561
00:25:15,453 --> 00:25:18,065
Says she has additional information
we need to consider.
562
00:25:21,503 --> 00:25:25,376
I know that I should have called 911.
563
00:25:25,420 --> 00:25:27,509
Why didn't you?
564
00:25:27,552 --> 00:25:30,512
I panicked.
565
00:25:30,555 --> 00:25:33,733
I know how it looks,
but I'm not a racist.
566
00:25:33,776 --> 00:25:37,774
So what is this additional information
you want us to consider?
567
00:25:38,955 --> 00:25:41,392
On the, um... The night of the...
568
00:25:41,436 --> 00:25:43,743
The incident with Dr. Marshall,
569
00:25:43,786 --> 00:25:45,614
I got an alert on my phone
570
00:25:45,658 --> 00:25:49,226
that there was a
suspicious person in the area.
571
00:25:49,270 --> 00:25:50,706
Who sent the alert?
572
00:25:50,750 --> 00:25:53,187
Well, it popped up
on a neighborhood safety app.
573
00:25:53,230 --> 00:25:54,971
What did it say?
574
00:25:55,015 --> 00:25:56,756
"Be careful.
575
00:25:56,799 --> 00:25:59,062
"There's a dangerous
Black man in the area.
576
00:25:59,106 --> 00:26:00,847
"He's armed.
577
00:26:00,890 --> 00:26:02,544
Exercise extreme caution."
578
00:26:02,587 --> 00:26:04,720
Did the alert provide a description?
579
00:26:04,764 --> 00:26:06,461
A little more than that.
580
00:26:06,504 --> 00:26:09,551
It provided a picture of Dr. Marshall.
581
00:26:12,772 --> 00:26:16,906
So Burke actually
might be telling the truth.
582
00:26:16,950 --> 00:26:19,126
That's definitely Dr. Marshall.
583
00:26:19,169 --> 00:26:22,912
Yeah, and these are
the posts that Burke saw.
584
00:26:22,956 --> 00:26:25,654
The first one says, "A tall
Black man just mugged someone.
585
00:26:25,698 --> 00:26:28,788
The mugger is armed
and extremely dangerous."
586
00:26:28,831 --> 00:26:31,312
Dozens of people
post comments after that.
587
00:26:31,355 --> 00:26:34,054
Another woman says
that they saw Dr. Marshall,
588
00:26:34,097 --> 00:26:36,099
and she is sure that he's got a gun.
589
00:26:36,143 --> 00:26:38,362
Then the story
takes on a life of its own.
590
00:26:38,406 --> 00:26:40,147
It's like a dangerous
fearmongering version
591
00:26:40,190 --> 00:26:41,235
of telephone.
592
00:26:41,278 --> 00:26:42,497
Who started it?
593
00:26:42,540 --> 00:26:44,542
A man named Daniel Deluca.
594
00:26:44,586 --> 00:26:47,850
52. Works in real estate.
Lives downtown.
595
00:26:47,894 --> 00:26:50,766
And he's done this sort of thing before.
596
00:26:50,810 --> 00:26:51,985
What do you mean?
597
00:26:52,028 --> 00:26:54,596
Well, he's posted that violent people,
598
00:26:54,639 --> 00:26:57,120
usually Black men,
are on certain streets.
599
00:26:57,164 --> 00:26:58,687
He puts up photos.
600
00:26:58,731 --> 00:27:01,995
And then, he makes up stories
about them with guns and knives.
601
00:27:02,038 --> 00:27:04,258
He gets the residents all riled up.
602
00:27:04,301 --> 00:27:08,305
And then, inevitably, a chain
of racist rumors follows.
603
00:27:08,349 --> 00:27:12,222
And the posts turn out
to be pure fiction.
604
00:27:12,266 --> 00:27:15,008
- Has anyone else been hurt?
- Yeah.
605
00:27:15,051 --> 00:27:17,706
One man was assaulted
by an angry mob of residents,
606
00:27:17,750 --> 00:27:20,187
and two Black men were falsely arrested.
607
00:27:20,230 --> 00:27:23,103
Brooke's lawyers
could wind up calling Deluca
608
00:27:23,146 --> 00:27:24,931
to support their self-defense claim.
609
00:27:24,974 --> 00:27:26,846
I wanna be prepared
to cross-examine him.
610
00:27:26,889 --> 00:27:29,587
I look forward to meeting this guy.
611
00:27:33,766 --> 00:27:36,116
I don't know what to tell you.
612
00:27:36,159 --> 00:27:38,335
I was walking through
the meatpacking district,
613
00:27:38,379 --> 00:27:40,120
meeting my girlfriend for a late dinner.
614
00:27:40,163 --> 00:27:41,861
I saw a guy who looked suspicious.
615
00:27:41,904 --> 00:27:43,732
What made him look suspicious?
616
00:27:43,776 --> 00:27:46,039
I thought he had a gun.
617
00:27:46,082 --> 00:27:48,650
Those people,
coming into our neighborhood,
618
00:27:48,693 --> 00:27:51,740
ruining it for the rest of us.
619
00:27:51,784 --> 00:27:54,699
Those people?
620
00:27:54,743 --> 00:27:57,572
What do you mean by that?
621
00:27:57,615 --> 00:28:00,618
You know, criminals.
622
00:28:00,662 --> 00:28:04,100
So you think you're doing
some kind of a public service?
623
00:28:04,144 --> 00:28:05,319
Actually, I do.
624
00:28:05,362 --> 00:28:08,278
Plus, I've got three kids,
elderly parents.
625
00:28:08,322 --> 00:28:09,497
No one is safe anymore.
626
00:28:09,540 --> 00:28:12,413
You...
627
00:28:12,456 --> 00:28:14,850
You're out of line.
628
00:28:14,894 --> 00:28:17,026
You can't just go around
posting whatever you want.
629
00:28:17,070 --> 00:28:19,550
That's dangerous. Reckless.
630
00:28:19,594 --> 00:28:22,031
You're practically asking somebody
631
00:28:22,075 --> 00:28:25,078
to take the law into their own hands,
632
00:28:25,121 --> 00:28:27,341
maybe even commit an act of violence.
633
00:28:29,647 --> 00:28:31,824
Turn around.
634
00:28:34,870 --> 00:28:37,917
You heard him. Turn around. Turn around.
Come on. Come on.
635
00:28:37,960 --> 00:28:39,919
Hands behind your back.
636
00:28:39,962 --> 00:28:44,227
Daniel Deluca, you're under arrest.
637
00:28:44,271 --> 00:28:45,489
What for?
638
00:28:45,533 --> 00:28:47,100
Manslaughter.
639
00:28:48,884 --> 00:28:51,887
I'm assuming you ran this by Price.
640
00:29:06,075 --> 00:29:08,251
You arrested Daniel Deluca?
641
00:29:08,295 --> 00:29:09,383
Charged him with manslaughter?
642
00:29:09,426 --> 00:29:10,863
Good to see you, Price.
643
00:29:10,906 --> 00:29:13,213
We're on solid footing with that.
644
00:29:13,256 --> 00:29:16,912
Deluca's actions were the direct cause
of Dr. Marshall's murder.
645
00:29:16,956 --> 00:29:18,958
Didn't think to consult with me first?
646
00:29:19,001 --> 00:29:21,874
We have initial discretion
to make the arrest, Nolan.
647
00:29:21,917 --> 00:29:23,919
There were no exigent circumstances.
648
00:29:23,963 --> 00:29:25,007
Have a seat.
649
00:29:25,051 --> 00:29:26,356
You wanna play prosecutor,
650
00:29:26,400 --> 00:29:27,662
join the DA's office.
651
00:29:27,705 --> 00:29:29,925
Otherwise, stay in your lane.
652
00:29:29,969 --> 00:29:32,928
Mm. Well, you don't wanna charge Deluca,
that's on you, buddy.
653
00:29:32,972 --> 00:29:34,277
We got a good case.
654
00:29:34,302 --> 00:29:37,860
Not so sure about that.
And we'd have to flip Burke.
655
00:29:37,885 --> 00:29:39,239
Well, let's flip him then.
656
00:29:39,282 --> 00:29:41,241
You're the one who urged me
to charge him with murder.
657
00:29:41,284 --> 00:29:43,591
And I stand by that, but new
information has come to light
658
00:29:43,634 --> 00:29:45,332
that says that Deluca is more culpable.
659
00:29:45,375 --> 00:29:46,942
He incited Burke.
660
00:29:46,986 --> 00:29:48,901
He made the guy
feel like he was in danger.
661
00:29:48,944 --> 00:29:50,119
But for Deluca's post,
662
00:29:50,163 --> 00:29:52,208
Dr. Marshall would still be alive today.
663
00:29:52,252 --> 00:29:53,949
I get it, but Burke is the one
664
00:29:53,993 --> 00:29:55,646
who smashed him in the head
with a wine bottle.
665
00:29:55,690 --> 00:29:59,781
Yes, and Deluca's
reckless posts made him do it.
666
00:29:59,824 --> 00:30:01,826
He has to be held accountable for that.
667
00:30:05,830 --> 00:30:09,138
Is there any way
you can prove both cases?
668
00:30:09,182 --> 00:30:11,010
Try Burke and Deluca together?
669
00:30:11,053 --> 00:30:14,274
I need Burke's cooperation
to win against Deluca.
670
00:30:14,317 --> 00:30:16,624
You can prove Deluca was reckless,
671
00:30:16,667 --> 00:30:18,974
that he created a dangerous situation
672
00:30:19,018 --> 00:30:21,803
and put Marshall's life in jeopardy
673
00:30:21,846 --> 00:30:23,892
with evidence of his past behavior.
674
00:30:23,936 --> 00:30:25,894
But that's only half the battle.
675
00:30:25,938 --> 00:30:28,636
I need Burke to say he saw the posts
676
00:30:28,679 --> 00:30:31,987
and that he believed what was in them.
677
00:30:32,031 --> 00:30:33,989
Then get him a deal. Get him on board.
678
00:30:34,033 --> 00:30:37,645
OK, but I'd be sacrificing
the murder case against Burke
679
00:30:37,688 --> 00:30:39,995
for a much weaker case against Deluca.
680
00:30:40,039 --> 00:30:43,651
Opportunity and risk come in pairs.
681
00:30:43,694 --> 00:30:48,308
If you think Deluca
was the most responsible,
682
00:30:48,351 --> 00:30:50,701
set your sights on him.
683
00:30:55,619 --> 00:30:57,404
Mr. Burke, you're here as part
684
00:30:57,447 --> 00:30:59,362
- of a cooperation agreement?
- That's true.
685
00:30:59,406 --> 00:31:00,668
In exchange for your testimony,
686
00:31:00,711 --> 00:31:02,583
you'll receive a seven-year sentence.
687
00:31:02,626 --> 00:31:05,281
Yes. I will plead guilty
to manslaughter.
688
00:31:05,325 --> 00:31:08,328
Tell the members of the jury,
689
00:31:08,371 --> 00:31:11,548
why did you kill Dr. Darian Marshall?
690
00:31:11,592 --> 00:31:14,377
Because I thought
that he was going to kill me.
691
00:31:14,421 --> 00:31:15,857
Did you believe he had a weapon?
692
00:31:15,900 --> 00:31:17,032
A gun, yes.
693
00:31:17,076 --> 00:31:18,381
Why did you think this?
694
00:31:18,425 --> 00:31:21,297
Because the defendant
put things on an app.
695
00:31:21,341 --> 00:31:24,257
You're referring to
the defendant, Daniel Deluca?
696
00:31:24,300 --> 00:31:26,041
Yes.
697
00:31:26,085 --> 00:31:29,349
I believed what he posted.
698
00:31:29,392 --> 00:31:33,614
I thought that I was in danger,
and I was protecting myself.
699
00:31:33,657 --> 00:31:35,703
Thank you. Nothing further.
700
00:31:40,099 --> 00:31:44,842
My client didn't kill Darian Marshall.
701
00:31:44,886 --> 00:31:46,627
You did.
702
00:31:46,670 --> 00:31:48,716
Regrettably, yes.
703
00:31:48,759 --> 00:31:52,633
You took a bottle,
smashed it over his head,
704
00:31:52,676 --> 00:31:55,723
and left him to die.
705
00:31:55,766 --> 00:31:57,551
I wish I could take it back.
706
00:31:57,594 --> 00:31:59,379
And so, you're doing
the next best thing,
707
00:31:59,422 --> 00:32:01,076
trying to blame someone else.
708
00:32:01,120 --> 00:32:02,556
Objection. Argumentative.
709
00:32:02,599 --> 00:32:04,210
Overruled.
710
00:32:04,253 --> 00:32:05,950
You killed someone,
711
00:32:05,994 --> 00:32:07,604
and then you got a sweetheart deal
712
00:32:07,648 --> 00:32:09,476
from a prosecutor who is hellbent
713
00:32:09,519 --> 00:32:10,912
on making a political statement.
714
00:32:10,955 --> 00:32:13,219
Your Honor.
715
00:32:13,262 --> 00:32:15,221
Withdrawn. Nothing further.
716
00:32:15,264 --> 00:32:17,353
You're excused, sir.
717
00:32:17,397 --> 00:32:18,920
Call your next witness, Mr. Price.
718
00:32:18,963 --> 00:32:22,793
People call Detective Jalen Shaw.
719
00:32:22,837 --> 00:32:26,841
The defendant started
a chain of racist messages
720
00:32:26,884 --> 00:32:30,801
and then posted
a picture of Dr. Marshall.
721
00:32:30,845 --> 00:32:33,369
Has the defendant made
postings like this in the past?
722
00:32:33,413 --> 00:32:34,936
Yes.
723
00:32:34,979 --> 00:32:38,505
Men... Black men...
Walking down the street,
724
00:32:38,548 --> 00:32:41,986
minding their own business
are the targets of these posts?
725
00:32:42,030 --> 00:32:43,466
Correct.
726
00:32:43,510 --> 00:32:45,903
And some of these innocent
men have been arrested,
727
00:32:45,947 --> 00:32:48,906
and one has actually been assaulted?
728
00:32:48,950 --> 00:32:51,039
Yes, he was punched in the head
729
00:32:51,083 --> 00:32:54,608
and then hospitalized for a concussion.
730
00:32:54,651 --> 00:32:55,826
Thank you.
731
00:32:59,526 --> 00:33:03,182
Detective, are you aware
that the NYPD uses these apps
732
00:33:03,225 --> 00:33:06,141
to fight crimes
and put out police alerts?
733
00:33:06,185 --> 00:33:07,621
Objection. Relevance.
734
00:33:07,664 --> 00:33:09,057
What is the relevance?
735
00:33:09,101 --> 00:33:11,668
This is a case about free speech
736
00:33:11,712 --> 00:33:14,106
and civic participation.
737
00:33:14,149 --> 00:33:16,804
They should be giving my client
a medal for citizenship.
738
00:33:16,847 --> 00:33:18,762
Not being put on trial for homicide.
739
00:33:18,806 --> 00:33:21,678
Objection is overruled.
740
00:33:21,722 --> 00:33:24,942
Counselor, I'm aware
that the NYPD is using...
741
00:33:24,986 --> 00:33:27,162
certain crime-fighting apps.
742
00:33:27,206 --> 00:33:31,297
And when these apps are used
in a responsible manner,
743
00:33:31,340 --> 00:33:33,864
they can be a useful tool.
744
00:33:33,908 --> 00:33:36,998
Problems arise
when they're used recklessly.
745
00:33:37,041 --> 00:33:39,305
You know a lot about
recklessness Detective Shaw,
746
00:33:39,348 --> 00:33:40,393
don't you?
747
00:33:40,436 --> 00:33:41,698
Objection. Argumentative.
748
00:33:41,742 --> 00:33:43,526
Ask another question, Miss Stanley.
749
00:33:43,570 --> 00:33:48,314
Violating NYPD rules and
regulations is also reckless,
750
00:33:48,357 --> 00:33:50,142
isn't it?
751
00:33:50,185 --> 00:33:51,926
It depends on the circumstances.
752
00:33:51,969 --> 00:33:54,711
Detective Shaw, is there a pending
753
00:33:54,755 --> 00:33:57,018
Internal Affairs complaint against you?
754
00:34:00,413 --> 00:34:03,981
There's one pending, yes.
755
00:34:04,025 --> 00:34:06,419
You violated your department's policy.
756
00:34:06,462 --> 00:34:11,424
You failed to comply with the
request of a fellow officer?
757
00:34:11,467 --> 00:34:13,817
That is the allegation.
758
00:34:13,860 --> 00:34:18,300
So your own department
has taken action against you.
759
00:34:18,344 --> 00:34:20,302
It has.
760
00:34:20,346 --> 00:34:23,043
And the underlying incident
involves a dispute
761
00:34:23,087 --> 00:34:26,874
that you had with white police officers.
762
00:34:26,917 --> 00:34:28,918
I was racially profiled.
763
00:34:28,963 --> 00:34:32,445
And charging my client,
a white man, with homicide,
764
00:34:32,487 --> 00:34:34,882
that's your way of
balancing the scales, isn't it?
765
00:34:34,925 --> 00:34:37,362
- Objection.
- Sustained.
766
00:34:37,406 --> 00:34:39,755
Nothing further.
767
00:34:39,800 --> 00:34:43,934
Detective Shaw, you're excused.
768
00:34:43,978 --> 00:34:45,197
Yeah.
769
00:34:56,425 --> 00:34:59,123
You're the subject of an
Internal Affairs complaint?
770
00:34:59,167 --> 00:35:01,244
- It's complete nonsense.
- That's not the point.
771
00:35:01,269 --> 00:35:03,519
If you had told me,
I would have been prepared.
772
00:35:03,563 --> 00:35:05,075
I would have never put you on the stand.
773
00:35:05,100 --> 00:35:07,929
OK. He screwed up. Let's move on.
774
00:35:10,004 --> 00:35:11,266
What do you need?
775
00:35:11,310 --> 00:35:13,442
Deluca is going
to testify tomorrow morning.
776
00:35:13,486 --> 00:35:15,531
The defense has put us
back on our heels,
777
00:35:15,575 --> 00:35:17,359
and at the same time,
they're selling Deluca
778
00:35:17,403 --> 00:35:19,100
as some well-intentioned guy
779
00:35:19,143 --> 00:35:21,233
who bears no responsibility
for what happened.
780
00:35:21,276 --> 00:35:22,495
We need to disprove that.
781
00:35:22,538 --> 00:35:24,279
His posts are part
of a pattern of conduct.
782
00:35:24,323 --> 00:35:25,759
We can get you police reports,
783
00:35:25,802 --> 00:35:29,241
medical records that show
his past posts hurt people.
784
00:35:29,284 --> 00:35:30,677
I need more. I need evidence
785
00:35:30,720 --> 00:35:32,896
of his motive, his state
of mind, that he is racist.
786
00:35:32,940 --> 00:35:35,029
I've been looking through
his social media accounts.
787
00:35:35,072 --> 00:35:36,683
He doesn't belong
to any white supremacy groups
788
00:35:36,726 --> 00:35:38,641
or any other fringe organizations.
789
00:35:38,685 --> 00:35:42,036
And he's never posted anything
that's scandalous or racist.
790
00:35:42,079 --> 00:35:44,081
Well, what kind of things does he post?
791
00:35:44,125 --> 00:35:45,561
Mostly real estate stuff.
792
00:35:45,605 --> 00:35:48,608
It looks like he buys
and sells apartments.
793
00:35:53,917 --> 00:35:55,702
Is anybody else
noticing something similar
794
00:35:55,745 --> 00:35:57,791
about all these addresses?
795
00:35:59,619 --> 00:36:01,534
That can't be just a coincidence.
796
00:36:07,061 --> 00:36:11,283
My goal is to help
my fellow New Yorkers.
797
00:36:11,326 --> 00:36:13,328
I wanna make a difference,
798
00:36:13,372 --> 00:36:15,287
reclaim the streets from the criminals
799
00:36:15,330 --> 00:36:16,984
that have taken over this great city.
800
00:36:17,027 --> 00:36:21,956
You had no control over
Mr. Burke's actions, did you?
801
00:36:22,076 --> 00:36:26,341
My heart goes out
to Dr. Marshall's family.
802
00:36:26,385 --> 00:36:30,998
But I had no idea anyone would die.
803
00:36:32,434 --> 00:36:35,437
Thank you.
804
00:36:35,481 --> 00:36:37,657
You're in the real estate
business, correct?
805
00:36:37,700 --> 00:36:40,790
- You buy and sell apartments?
- Yes.
806
00:36:40,834 --> 00:36:45,317
Crime, or reports of crime,
807
00:36:45,360 --> 00:36:47,667
can drive down the value
808
00:36:47,710 --> 00:36:51,366
of buildings
in a particular neighborhood,
809
00:36:51,410 --> 00:36:53,281
can't it?
810
00:36:53,325 --> 00:36:56,110
It can.
811
00:36:56,153 --> 00:36:58,895
You've been planting false
reports of criminal activity
812
00:36:58,939 --> 00:37:01,289
in order to decrease the value of homes
813
00:37:01,333 --> 00:37:02,508
in certain neighborhoods, haven't you?
814
00:37:02,551 --> 00:37:06,076
Price tags go down,
you purchase properties, and eventually,
815
00:37:06,120 --> 00:37:07,948
when the neighborhood
is seen as safe again,
816
00:37:07,991 --> 00:37:12,474
you sell the property
and make a hefty profit.
817
00:37:12,518 --> 00:37:14,694
Objection. Facts not in evidence.
818
00:37:14,737 --> 00:37:19,351
Well, then allow me
to give an offer of proof.
819
00:37:19,394 --> 00:37:24,363
A certified report from the New
York City Register's Office.
820
00:37:24,704 --> 00:37:29,563
Four transactions in the past two years.
821
00:37:29,796 --> 00:37:33,452
I'll accept the offer. Proceed.
822
00:37:33,495 --> 00:37:35,889
You issued...
823
00:37:36,018 --> 00:37:41,018
several fictitious posts
about Black criminals
824
00:37:41,242 --> 00:37:44,854
on streets where each of
these properties were located.
825
00:37:44,898 --> 00:37:47,509
Each of these posts described a man
826
00:37:47,553 --> 00:37:50,643
as armed, dangerous, acting erratic.
827
00:37:50,686 --> 00:37:52,035
I'm not sure about that.
828
00:37:52,079 --> 00:37:56,126
Well, then let me help
refresh your memory.
829
00:37:56,170 --> 00:37:58,172
You do recognize these posts?
830
00:38:01,480 --> 00:38:02,698
I guess.
831
00:38:02,742 --> 00:38:07,616
And then, within a matter of weeks,
832
00:38:07,660 --> 00:38:12,055
you purchased the apartment.
833
00:38:12,099 --> 00:38:14,188
You made a killing,
didn't you, Mr. Deluca?
834
00:38:14,231 --> 00:38:16,408
- Objection.
- Overruled.
835
00:38:16,451 --> 00:38:18,540
Answer the question, sir.
836
00:38:20,716 --> 00:38:24,067
I'm a businessman.
837
00:38:24,111 --> 00:38:26,592
I made a profit.
838
00:38:26,635 --> 00:38:28,681
Thank you. That's all I have.
839
00:38:34,295 --> 00:38:37,516
[DRAMATIC MUSIC]
840
00:38:37,559 --> 00:38:40,231
♪
841
00:39:02,889 --> 00:39:05,587
Madame Foreperson,
has the jury reached a verdict?
842
00:39:05,631 --> 00:39:07,589
We have, Your Honor.
843
00:39:07,633 --> 00:39:09,112
How do you find?
844
00:39:09,156 --> 00:39:11,767
We find the defendant
guilty of manslaughter
845
00:39:11,811 --> 00:39:14,074
in the first degree.
846
00:39:14,117 --> 00:39:16,903
Members of the jury,
thank you for your service.
847
00:39:16,946 --> 00:39:18,208
You are excused.
848
00:39:18,252 --> 00:39:19,993
Court is in recess.
849
00:39:47,150 --> 00:39:49,631
Congratulations.
850
00:39:49,675 --> 00:39:51,894
Sometimes we get it right.
851
00:39:51,938 --> 00:39:54,636
But something tells me
that's not why you're here.
852
00:39:54,680 --> 00:39:58,161
Nope. I just got a call.
853
00:39:58,205 --> 00:40:01,469
Internal Affairs
is closing the investigation.
854
00:40:01,513 --> 00:40:02,949
Closing it?
855
00:40:02,992 --> 00:40:06,735
They found your allegations
to be unsubstantiated.
856
00:40:06,779 --> 00:40:11,348
I wish I could say
I was surprised, but...
857
00:40:11,392 --> 00:40:13,916
And what about
their allegations against me?
858
00:40:13,960 --> 00:40:16,440
That complaint stuck.
859
00:40:16,484 --> 00:40:20,183
They're suspending you
for a week without pay.
860
00:40:22,534 --> 00:40:23,926
Look, Jalen,
861
00:40:23,970 --> 00:40:26,886
I have seen positive changes
in the department,
862
00:40:26,929 --> 00:40:30,367
but the blue wall
is still the blue wall.
863
00:40:50,086 --> 00:40:54,086
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63796
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