1 00:00:00,901 --> 00:00:03,836 [rattling] 2 00:00:09,477 --> 00:00:12,111 - Well, today we look at the incredible story 3 00:00:12,113 --> 00:00:14,513 of Kalief Browder, the 16-year-old 4 00:00:14,515 --> 00:00:19,018 high school sophomore jailed at Rikers Island for three years. 5 00:00:19,020 --> 00:00:21,220 - Nearly 800 days of that time, 6 00:00:21,222 --> 00:00:23,188 he was held in solitary confinement. 7 00:00:23,190 --> 00:00:26,158 [banging] 8 00:00:26,160 --> 00:00:28,293 [muffled shouting] 9 00:00:28,295 --> 00:00:30,062 - Solitary confinement, it was just torture, 10 00:00:30,064 --> 00:00:31,630 just being in my cell was torture. 11 00:00:31,632 --> 00:00:34,166 - Maintained his innocence and requested a trial, 12 00:00:34,168 --> 00:00:36,068 but was only offered plea deals, 13 00:00:36,070 --> 00:00:38,537 while the trial was repeatedly delayed. 14 00:00:38,539 --> 00:00:41,306 - Delay after delay after delay 15 00:00:41,308 --> 00:00:44,209 when their case had no basis. 16 00:00:44,211 --> 00:00:46,211 - Did you rob somebody in the beginning part of May, 17 00:00:46,213 --> 00:00:47,980 Mr. Browder? - No. No. 18 00:00:47,982 --> 00:00:52,851 - Kalief went through this whole ordeal over a backpack. 19 00:00:52,853 --> 00:00:55,054 - Plead guilty today, and you can go home. 20 00:00:55,056 --> 00:00:56,488 - What do you do? 21 00:00:56,490 --> 00:00:58,223 - They're not gonna make me say I did something 22 00:00:58,225 --> 00:00:59,391 that I didn't do. 23 00:00:59,393 --> 00:01:01,226 I went to court about 30 times. 24 00:01:01,228 --> 00:01:02,895 - And then nothing happens. 25 00:01:02,897 --> 00:01:05,397 And then nothing happens again. 26 00:01:05,399 --> 00:01:08,834 - Then I went back to solitary confinement. 27 00:01:08,836 --> 00:01:12,204 - Solitary induces a breakdown of the brain. 28 00:01:12,206 --> 00:01:15,607 - What he went through would break a grown man 29 00:01:15,609 --> 00:01:19,111 with a military background who had been trained for this. 30 00:01:19,113 --> 00:01:20,679 - I just felt like I had to fight. 31 00:01:20,681 --> 00:01:24,249 - He said, "No, I want to make this system work." 32 00:01:24,251 --> 00:01:25,984 - Doesn't mean he's a perfect person, 33 00:01:25,986 --> 00:01:28,654 but the stand that he took was perfect. 34 00:01:35,162 --> 00:01:38,197 [soft dramatic music] 35 00:01:38,199 --> 00:01:45,137 ♪ ♪ 36 00:02:02,823 --> 00:02:06,625 [radio dial flipping stations] 37 00:02:06,627 --> 00:02:09,595 [ominous music] 38 00:02:09,597 --> 00:02:13,765 ♪ ♪ 39 00:02:13,767 --> 00:02:16,301 - When I was on Rikers Island, 40 00:02:16,303 --> 00:02:17,669 I must have took about 41 00:02:17,671 --> 00:02:21,607 four or five trips to solitary confinement. 42 00:02:21,609 --> 00:02:23,709 It wasn't easy. 43 00:02:23,711 --> 00:02:26,979 I practically lost my mind. 44 00:02:26,981 --> 00:02:28,914 You know, I feel like I have screws loose, 45 00:02:28,916 --> 00:02:32,851 like, I'm never gonna be the same, like... 46 00:02:34,488 --> 00:02:36,722 - Because now, 47 00:02:36,724 --> 00:02:39,925 you know, I... 48 00:02:39,927 --> 00:02:42,194 it's just... 49 00:02:42,196 --> 00:02:44,129 I don't know, it's not coming out right. 50 00:02:44,131 --> 00:02:46,131 It's not coming out right. 51 00:02:46,133 --> 00:02:52,271 ♪ ♪ 52 00:02:52,273 --> 00:02:55,107 - He went through hell, 53 00:02:55,109 --> 00:03:00,779 all on a flimsy, invalid complaint. 54 00:03:00,781 --> 00:03:02,748 You have to be held accountable. 55 00:03:02,750 --> 00:03:04,550 This is supposed to be the greatest city in the world, 56 00:03:04,552 --> 00:03:07,586 but look what they're doing. 57 00:03:07,588 --> 00:03:10,722 - 16-year-old Kalief Browder's now filed a lawsuit 58 00:03:10,724 --> 00:03:13,158 against the city, the New York Police Department, 59 00:03:13,160 --> 00:03:14,593 the Bronx district attorney, 60 00:03:14,595 --> 00:03:16,395 and the Department of Corrections. 61 00:03:16,397 --> 00:03:20,165 ♪ ♪ 62 00:03:20,167 --> 00:03:22,334 - The underlying case involves stuff 63 00:03:22,336 --> 00:03:24,002 that happened in Rikers Island, 64 00:03:24,004 --> 00:03:26,405 and in solitary especially. 65 00:03:26,407 --> 00:03:30,242 The bigger picture is solitary itself. 66 00:03:30,244 --> 00:03:32,077 - Good morning, Mr. Browder. 67 00:03:32,079 --> 00:03:33,512 - Good morning. 68 00:03:33,514 --> 00:03:34,746 - We are going to go through 69 00:03:34,748 --> 00:03:36,548 your time in solitary confinement. 70 00:03:36,550 --> 00:03:38,917 - It's graffiti everywhere. It's hot and dirty. 71 00:03:38,919 --> 00:03:40,118 Kicked up bacteria in the toilet-- 72 00:03:40,120 --> 00:03:41,386 They stopped putting me in the shower-- 73 00:03:41,388 --> 00:03:42,721 They would write bogus reports on me-- 74 00:03:42,723 --> 00:03:43,889 They used to come into my cell and tell me, 75 00:03:43,891 --> 00:03:45,224 "You're not leaving the Box, 76 00:03:45,226 --> 00:03:46,992 You're not leaving solitary confinement." 77 00:03:46,994 --> 00:03:48,961 I was trapped. 78 00:03:48,963 --> 00:03:51,296 [chaotic shouting] 79 00:03:51,298 --> 00:03:53,966 - On October 20, Kalief has this big gang fight 80 00:03:53,968 --> 00:03:55,934 that was captured on video 81 00:03:55,936 --> 00:03:59,538 where he's beaten down in front of these officers. 82 00:03:59,540 --> 00:04:03,842 - Listen, correction officers are not bodyguards. 83 00:04:03,844 --> 00:04:06,545 Correction officers are responsible for 50 inmates 84 00:04:06,547 --> 00:04:09,014 in a housing area, by himself. 85 00:04:09,016 --> 00:04:10,582 This kid was outnumbered. 86 00:04:10,584 --> 00:04:13,051 If you put him in general population, 87 00:04:13,053 --> 00:04:15,887 with the hyenas, they eat him. 88 00:04:15,889 --> 00:04:18,323 So you put him in a cell for his protection, 89 00:04:18,325 --> 00:04:22,160 and it's very bad. 90 00:04:22,162 --> 00:04:24,630 [pounding] 91 00:04:24,632 --> 00:04:26,198 - And you know, I'd never been to solitary 92 00:04:26,200 --> 00:04:29,334 confinement back then, and I heard about it. 93 00:04:29,336 --> 00:04:31,570 You know, other inmates used to tell me about it, 94 00:04:31,572 --> 00:04:33,472 and it used to scare me. 95 00:04:33,474 --> 00:04:34,640 [distant shouting] 96 00:04:34,642 --> 00:04:36,608 - The reality of it is, 97 00:04:36,610 --> 00:04:38,877 solitary confinement is absolutely torture, 98 00:04:38,879 --> 00:04:41,446 especially on Rikers Island. 99 00:04:41,448 --> 00:04:43,382 - Describe the cell you were in. 100 00:04:43,384 --> 00:04:45,050 - They called it the Box. 101 00:04:45,052 --> 00:04:46,652 - What's in there? 102 00:04:46,654 --> 00:04:48,920 - Nothing. 103 00:04:48,922 --> 00:04:50,656 - It's a rust-encrusted, 104 00:04:50,658 --> 00:04:53,859 12x8 metal cage. 105 00:04:53,861 --> 00:04:57,496 - You got your mattress, you got a sink with a toilet. 106 00:04:57,498 --> 00:04:59,898 - Sometimes there's feces on the wall. 107 00:04:59,900 --> 00:05:01,667 There's infestation with mice. 108 00:05:01,669 --> 00:05:03,168 [squealing] 109 00:05:03,170 --> 00:05:05,871 - No human contact aside from meals 110 00:05:05,873 --> 00:05:08,607 slid through a slot three times a day. 111 00:05:08,609 --> 00:05:11,176 - You're like a caged animal. 112 00:05:11,178 --> 00:05:13,245 - What I found is that people who go in 113 00:05:13,247 --> 00:05:17,582 initially have a determination, "I can handle this," 114 00:05:17,584 --> 00:05:21,186 and then that starts to erode. 115 00:05:21,188 --> 00:05:24,022 [pounding] 116 00:05:24,024 --> 00:05:26,892 - They act out, like an animal, 117 00:05:26,894 --> 00:05:31,396 banging on the cell door. 118 00:05:31,398 --> 00:05:34,132 - People are smashing their head into the glass. 119 00:05:34,134 --> 00:05:38,103 Screaming incessantly for hours and hours. 120 00:05:38,105 --> 00:05:41,039 [screaming, pounding] 121 00:05:42,676 --> 00:05:44,443 - It's just so much chaos, like, 122 00:05:44,445 --> 00:05:48,013 I didn't listen to the rules, and they-- 123 00:05:48,015 --> 00:05:50,482 the correction officers, they took it in their own hands. 124 00:05:50,484 --> 00:05:54,353 [distant shouting] 125 00:05:54,355 --> 00:05:56,121 - Once he got sent to solitary, 126 00:05:56,123 --> 00:05:58,457 it was a vicious cycle, he couldn't get out. 127 00:05:58,459 --> 00:06:00,592 Because every time he even opened his mouth, 128 00:06:00,594 --> 00:06:02,060 they would just write him up. 129 00:06:02,062 --> 00:06:05,030 - On Rikers Island, there is one answer 130 00:06:05,032 --> 00:06:09,234 to the slightest infraction, which is solitary confinement. 131 00:06:09,236 --> 00:06:11,436 An inmate will get what's called a "Ticket." 132 00:06:11,438 --> 00:06:14,005 The length of the sentence depends on the infraction. 133 00:06:14,007 --> 00:06:17,743 90 days was the max, and that was for assault on staff. 134 00:06:17,745 --> 00:06:20,245 But that didn't stop tickets from piling up. 135 00:06:20,247 --> 00:06:22,914 They could say assault on staff, disobeying orders, 136 00:06:22,916 --> 00:06:26,151 weapons--whatever, and build it up to years. 137 00:06:26,153 --> 00:06:29,154 [distant shouting] 138 00:06:29,156 --> 00:06:36,094 ♪ ♪ 139 00:06:40,734 --> 00:06:42,734 - It breaks a person down emotionally, 140 00:06:42,736 --> 00:06:46,037 physically, mentally. 141 00:06:46,039 --> 00:06:49,374 - In solitary confinement, inmates do 142 00:06:49,376 --> 00:06:52,043 lost their marbles after a period of time. 143 00:06:52,045 --> 00:06:54,479 - The prisoners I observed in solitary confinement 144 00:06:54,481 --> 00:06:57,482 all had a similar set of symptoms 145 00:06:57,484 --> 00:06:59,084 which were very unusual. 146 00:06:59,086 --> 00:07:02,387 Hallucinations, delusions, paranoia. 147 00:07:02,389 --> 00:07:05,357 - Increased anxiety, lack of impulse control, 148 00:07:05,359 --> 00:07:07,759 chronic depression, appetite and weight loss, 149 00:07:07,761 --> 00:07:09,895 heart palpitations, sleep problems. 150 00:07:09,897 --> 00:07:12,097 - Babbling incoherently, 151 00:07:12,099 --> 00:07:16,668 people smeared in feces, makeshift nooses. 152 00:07:16,670 --> 00:07:20,705 - This young man, remember, is a teenager. 153 00:07:20,707 --> 00:07:26,311 His brain isn't even fully-formed yet. 154 00:07:26,313 --> 00:07:30,282 - The part of the brain that matures during adolescence 155 00:07:30,284 --> 00:07:32,551 is the prefrontal cortex. 156 00:07:32,553 --> 00:07:35,320 One of its important functions is to tamper down 157 00:07:35,322 --> 00:07:39,191 things like aggression, fear. 158 00:07:39,193 --> 00:07:41,693 - We would say things like, "His brain is being 159 00:07:41,695 --> 00:07:45,297 scrambled by solitary confinement." 160 00:07:45,299 --> 00:07:46,932 I can only imagine 161 00:07:46,934 --> 00:07:50,635 what Kalief Browder suffered. 162 00:07:50,637 --> 00:07:53,138 - Sometimes I cry myself to sleep because it's like, 163 00:07:53,140 --> 00:07:54,806 I want to go home, and it's like, 164 00:07:54,808 --> 00:07:56,741 they're not letting me go home, and then, 165 00:07:56,743 --> 00:08:01,379 I feel like I lost my childhood, like I lost my sanity. 166 00:08:01,381 --> 00:08:04,483 - This is somehow a rational way of dealing with 167 00:08:04,485 --> 00:08:07,452 someone who may have taken someone's backpack. 168 00:08:07,454 --> 00:08:09,120 [distant shouting] 169 00:08:09,122 --> 00:08:10,789 - Kalief was legally innocent, 170 00:08:10,791 --> 00:08:12,591 but unable to walk out that door. 171 00:08:12,593 --> 00:08:15,627 [distant shouting] 172 00:08:15,629 --> 00:08:19,264 We should be torturing people before they're even tried? 173 00:08:19,266 --> 00:08:21,600 What country is that? 174 00:08:21,602 --> 00:08:24,436 - Holding anybody for two years in solitary 175 00:08:24,438 --> 00:08:27,072 on a pre-trial basis is inconsistent 176 00:08:27,074 --> 00:08:29,641 with who we say we are as a nation. 177 00:08:29,643 --> 00:08:31,810 ♪ ♪ 178 00:08:31,812 --> 00:08:33,945 - Every time I went to court, I was expecting 179 00:08:33,947 --> 00:08:37,082 to have my day at trial, and it just... 180 00:08:37,084 --> 00:08:40,719 it was never granted to me. 181 00:08:40,721 --> 00:08:42,687 - You have a right to a speedy trial, 182 00:08:42,689 --> 00:08:45,090 and "Speedy trial" is six months. 183 00:08:45,092 --> 00:08:46,992 How on Earth was Kalief Browder 184 00:08:46,994 --> 00:08:49,961 in jail for three years? 185 00:08:49,963 --> 00:08:51,496 ♪ ♪ 186 00:08:51,498 --> 00:08:53,131 - The Constitution says that there should be 187 00:08:53,133 --> 00:08:55,467 a reasonable time between arrest and the trial, 188 00:08:55,469 --> 00:08:59,004 but in New York we have a law that's called a "Ready rule." 189 00:08:59,006 --> 00:09:00,939 - Everywhere else basically says, 190 00:09:00,941 --> 00:09:03,141 if you are arrested, your case must be brought 191 00:09:03,143 --> 00:09:04,843 to trial within X number of days, 192 00:09:04,845 --> 00:09:07,212 but New York's law doesn't say, 193 00:09:07,214 --> 00:09:09,147 "Must be brought to trial within X number of days," 194 00:09:09,149 --> 00:09:11,550 it says the district attorney must be ready 195 00:09:11,552 --> 00:09:14,619 within X number of days, and that makes a huge difference 196 00:09:14,621 --> 00:09:17,155 because the way that those days are calculated 197 00:09:17,157 --> 00:09:20,592 excludes time attributable to court delays. 198 00:09:20,594 --> 00:09:22,360 - The court delay in this borough is worse 199 00:09:22,362 --> 00:09:24,596 than any other borough in the city of New York. 200 00:09:24,598 --> 00:09:27,966 - This is a typical morning outside the Bronx courthouse. 201 00:09:27,968 --> 00:09:29,834 - Judges are sitting in criminal courts 202 00:09:29,836 --> 00:09:32,437 with 100 cases at a time. 203 00:09:32,439 --> 00:09:35,173 - There are innocent people who spend more time 204 00:09:35,175 --> 00:09:37,676 at Rikers than those who are convicted. 205 00:09:37,678 --> 00:09:41,780 ♪ ♪ 206 00:09:41,782 --> 00:09:44,950 - Kalief was brought to court December 10, 2010. 207 00:09:44,952 --> 00:09:48,019 He thinks that, "Okay, finally, I'm going to trial. 208 00:09:48,021 --> 00:09:50,355 I can state my innocence." 209 00:09:50,357 --> 00:09:54,859 But on December 10th, they answer "Not ready." 210 00:09:54,861 --> 00:09:57,596 DA's office said they would be ready in one week. 211 00:09:57,598 --> 00:10:00,665 However, it was impossible to find a courtroom in a week. 212 00:10:00,667 --> 00:10:02,567 - If there are no courtrooms available, 213 00:10:02,569 --> 00:10:04,569 and the case has to be adjourned for three months, 214 00:10:04,571 --> 00:10:07,339 those three months do not count against the clock. 215 00:10:07,341 --> 00:10:09,774 - And so, you have some prosecutors 216 00:10:09,776 --> 00:10:11,710 who abuse that fact. 217 00:10:11,712 --> 00:10:15,447 - They come back on January 28, 2011. 218 00:10:15,449 --> 00:10:17,415 Again, same thing. 219 00:10:17,417 --> 00:10:19,117 They request another week. 220 00:10:19,119 --> 00:10:20,719 - It was just, "We're not ready for trial, 221 00:10:20,721 --> 00:10:21,953 we're not ready for trial." 222 00:10:21,955 --> 00:10:24,155 - He had trial delay after trial delay, 223 00:10:24,157 --> 00:10:26,124 had prosecutors knowing full well 224 00:10:26,126 --> 00:10:27,592 that they wouldn't get another court date 225 00:10:27,594 --> 00:10:29,227 for weeks at a time. 226 00:10:29,229 --> 00:10:32,697 - They come back on March 9, 2011. 227 00:10:34,835 --> 00:10:37,235 The excuse that day was 228 00:10:37,237 --> 00:10:39,604 there were conflicts in the DA's schedule. 229 00:10:39,606 --> 00:10:41,539 - Most of the time, those adjournments are for nothing. 230 00:10:41,541 --> 00:10:42,907 And it just keeps getting adjourned 231 00:10:42,909 --> 00:10:44,476 and adjourned and adjourned. 232 00:10:44,478 --> 00:10:46,478 - Now it's going on, like, six months at this point, 233 00:10:46,480 --> 00:10:49,047 that they say they're gonna be ready in a week, 234 00:10:49,049 --> 00:10:51,082 and they haven't been ready at all. 235 00:10:51,084 --> 00:10:55,453 - And no time is charged to the speedy trial clock. 236 00:10:59,526 --> 00:11:01,526 - You go back to court, and then you find out 237 00:11:01,528 --> 00:11:04,396 that they're not ready for trial, and it's just-- 238 00:11:04,398 --> 00:11:06,665 it's just heartbreaking, and it's like, 239 00:11:06,667 --> 00:11:09,134 I felt like they was just playing with my life. 240 00:11:09,136 --> 00:11:11,970 ♪ ♪ 241 00:11:11,972 --> 00:11:14,873 - Kalief is sitting in solitary. 242 00:11:14,875 --> 00:11:16,641 ♪ ♪ 243 00:11:16,643 --> 00:11:19,344 - Prosecutors, they don't think about that. 244 00:11:19,346 --> 00:11:21,346 They have no concern about that. 245 00:11:21,348 --> 00:11:23,882 He's not even human to them. 246 00:11:23,884 --> 00:11:26,918 That's just a fact. 247 00:11:26,920 --> 00:11:29,521 - There are absolutely prosecutors 248 00:11:29,523 --> 00:11:31,056 who act insidiously 249 00:11:31,058 --> 00:11:33,224 because the system allows them to. 250 00:11:33,226 --> 00:11:34,726 - The Bronx DA, Robert Johnson, 251 00:11:34,728 --> 00:11:39,197 should be ashamed that this happened under his watch. 252 00:11:39,199 --> 00:11:41,166 - The real fear here should be 253 00:11:41,168 --> 00:11:44,302 that we are allowing people to remain on the streets 254 00:11:44,304 --> 00:11:47,005 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 00:11:54,414 --> 00:11:56,281 is corrupted by power, 258 00:11:56,283 --> 00:11:59,451 and becomes lazy by power, 259 00:11:59,453 --> 00:12:03,188 and refuses to acknowledge 260 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 00:12:11,765 --> 00:12:14,666 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.