1 00:00:01,502 --> 00:00:03,135 - Kalief Browder, held on Rikers Island 2 00:00:03,137 --> 00:00:05,871 for three years, accused of stealing a backpack. 3 00:00:05,873 --> 00:00:08,307 - I'm not sure that you can get three years for a backpack 4 00:00:08,309 --> 00:00:10,509 had he been found guilty. 5 00:00:10,511 --> 00:00:12,644 - This is how it goes on, day in and day out. 6 00:00:12,646 --> 00:00:15,080 - There were problems in DA Robert Johnson's office, 7 00:00:15,082 --> 00:00:16,815 especially with wrongful convictions. 8 00:00:16,817 --> 00:00:18,550 - It was a bull[bleep] case. 9 00:00:18,552 --> 00:00:20,386 - With a witness who's given different statements 10 00:00:20,388 --> 00:00:21,620 in the police paperwork 11 00:00:21,622 --> 00:00:23,689 about when this robbery actually happened. 12 00:00:23,691 --> 00:00:25,858 May 1, May 2, May 8, 13 00:00:25,860 --> 00:00:29,128 and then at some point they knew that victim was gone, 14 00:00:29,130 --> 00:00:31,063 and that victim was back in Mexico. 15 00:00:31,065 --> 00:00:33,732 - Failure to tell that to the defense 16 00:00:33,734 --> 00:00:36,502 amounts to a serious ethical violation. 17 00:00:36,504 --> 00:00:39,238 It also reveals the judges are responsible 18 00:00:39,240 --> 00:00:41,306 because they let the case go on. 19 00:00:41,308 --> 00:00:42,708 - There were nine judges over the course 20 00:00:42,710 --> 00:00:44,109 of dozens of appearances. 21 00:00:44,111 --> 00:00:45,677 We looked at the records, 22 00:00:45,679 --> 00:00:47,112 and it turned out he appeared in your courtroom 23 00:00:47,114 --> 00:00:48,714 six different times. 24 00:00:48,716 --> 00:00:50,215 Do you feel any sense of responsibility 25 00:00:50,217 --> 00:00:51,817 for what happened in this case? 26 00:00:51,819 --> 00:00:54,486 - I think we all share some type of responsibility 27 00:00:54,488 --> 00:00:55,821 that-- because no young person-- 28 00:00:55,823 --> 00:00:57,823 - But only one person was on the bench as the judge. 29 00:00:57,825 --> 00:01:00,092 - Well, but I'm not the only judge that was on there. 30 00:01:00,094 --> 00:01:02,061 - She's feisty. - Oh, jeez. 31 00:01:02,063 --> 00:01:03,896 - She's quick. - Turn that phone off. 32 00:01:03,898 --> 00:01:04,897 - She's real. 33 00:01:04,899 --> 00:01:05,898 - What do you do with your life? 34 00:01:05,900 --> 00:01:06,865 Nothing, right? 35 00:01:06,867 --> 00:01:08,067 - She's a bully. 36 00:01:08,069 --> 00:01:09,668 - Pleas are DiMango's specialty. 37 00:01:09,670 --> 00:01:11,870 - You want me plead guilty to something I didn't do? 38 00:01:11,872 --> 00:01:13,338 - Come on. 39 00:01:13,340 --> 00:01:15,607 - It didn't matter to her where the victim was. 40 00:01:15,609 --> 00:01:18,177 It didn't matter what was happening in Rikers. 41 00:01:18,179 --> 00:01:20,212 If anyone was going to get Kalief to break, 42 00:01:20,214 --> 00:01:21,647 it was Patricia DiMango. 43 00:01:21,649 --> 00:01:22,981 - Yes or no? 44 00:01:22,983 --> 00:01:25,984 [dramatic music] 45 00:01:25,986 --> 00:01:32,925 ♪ ♪ 46 00:01:59,120 --> 00:02:02,421 [radio fuzz] 47 00:02:02,423 --> 00:02:05,424 [ominous music] 48 00:02:05,426 --> 00:02:10,462 ♪ ♪ 49 00:02:10,464 --> 00:02:13,031 - When I was on Rikers Island 50 00:02:13,033 --> 00:02:15,934 and I would receive a court date, 51 00:02:15,936 --> 00:02:19,738 all I ever thought was about that court date. 52 00:02:19,740 --> 00:02:20,906 It takes forever to come 53 00:02:20,908 --> 00:02:22,141 because all you think about is going home. 54 00:02:22,143 --> 00:02:23,275 All you wanna do is go home. 55 00:02:23,277 --> 00:02:24,576 You don't wanna be there, 56 00:02:24,578 --> 00:02:27,312 you don't wanna be around none of that stuff. 57 00:02:27,314 --> 00:02:28,814 Then they tell you your next court date is 58 00:02:28,816 --> 00:02:30,649 two, three months away. 59 00:02:30,651 --> 00:02:33,318 Then those three months go by and you go back to court, 60 00:02:33,320 --> 00:02:35,454 and you find out that they're not ready for trial, 61 00:02:35,456 --> 00:02:37,189 and it's just-- 62 00:02:37,191 --> 00:02:39,758 it's just--it's just heartbreaking and it's like-- 63 00:02:39,760 --> 00:02:41,994 I felt like they was just playing with my life. 64 00:02:41,996 --> 00:02:44,129 ♪ ♪ 65 00:02:44,131 --> 00:02:46,031 - Kalief was going through this vicious cycle 66 00:02:46,033 --> 00:02:50,169 of solitary confinement and this vicious cycle in court 67 00:02:50,171 --> 00:02:52,571 where he's shackled by the hands and feet, 68 00:02:52,573 --> 00:02:54,406 put on a bus. 69 00:02:54,408 --> 00:02:57,543 - They stick you in the basement of a courthouse 70 00:02:57,545 --> 00:03:01,146 and you sit there till at least 10:00 in the morning, 71 00:03:01,148 --> 00:03:04,016 which is when they first start bringing "the bodies" up. 72 00:03:04,018 --> 00:03:05,217 "Is the body up? 73 00:03:05,219 --> 00:03:07,653 Bring the body up. Bring the body up." 74 00:03:07,655 --> 00:03:09,555 - There's all kinds of implicit biases 75 00:03:09,557 --> 00:03:12,925 that we are dealing with and to have a person of color, 76 00:03:12,927 --> 00:03:16,628 you know, show up shackled in a jumpsuit of some sort 77 00:03:16,630 --> 00:03:18,597 plays right into the implicit biases 78 00:03:18,599 --> 00:03:20,632 of a judge who's making determinations 79 00:03:20,634 --> 00:03:24,002 about motions and release decisions. 80 00:03:24,004 --> 00:03:25,571 - Go down to any hall of justice 81 00:03:25,573 --> 00:03:27,573 in any city in America, 82 00:03:27,575 --> 00:03:30,909 and what you're gonna see is poor black and brown people 83 00:03:30,911 --> 00:03:33,478 lined up, going off to prison for doing stuff 84 00:03:33,480 --> 00:03:36,114 that rich people are doing every day. 85 00:03:38,786 --> 00:03:40,552 - And then he's put back on that bus 86 00:03:40,554 --> 00:03:44,556 knowing that he's not going home to his family, again. 87 00:03:44,558 --> 00:03:46,558 ♪ ♪ 88 00:03:46,560 --> 00:03:49,595 - Let's say he stole a backpack. 89 00:03:49,597 --> 00:03:54,066 I mean, so what? 90 00:03:54,068 --> 00:03:57,669 So what? This man did not deserve to be in prison 91 00:03:57,671 --> 00:04:02,107 three years and in solitary confinement. 92 00:04:04,278 --> 00:04:06,678 - His time in solitary, 93 00:04:06,680 --> 00:04:09,248 that lack of human contact 94 00:04:09,250 --> 00:04:11,383 turned to despair. 95 00:04:11,385 --> 00:04:13,485 - Did you ever go to a clinic to visit 96 00:04:13,487 --> 00:04:15,520 with a mental health professional? 97 00:04:15,522 --> 00:04:18,190 - No. I barely seen a psychiatrist. 98 00:04:18,192 --> 00:04:20,626 Sometimes they would come to my cell. 99 00:04:20,628 --> 00:04:22,761 - Would they come into your cell? 100 00:04:22,763 --> 00:04:24,630 - No, they would just knock on my door. 101 00:04:24,632 --> 00:04:26,732 - And stand outside? - Yes. 102 00:04:26,734 --> 00:04:28,634 - And what would you say? 103 00:04:28,636 --> 00:04:30,636 - I'll tell them I'm stressed out. 104 00:04:30,638 --> 00:04:32,137 I told them I didn't sleep right. 105 00:04:32,139 --> 00:04:33,672 I told them I was being starved, 106 00:04:33,674 --> 00:04:35,507 I was not being put in the shower, 107 00:04:35,509 --> 00:04:38,410 and I'm feeling suicidal. 108 00:04:38,412 --> 00:04:41,880 - Kalief Browder was put in solitary confinement 109 00:04:41,882 --> 00:04:44,650 for an enormous amount of time. 110 00:04:44,652 --> 00:04:49,788 I'm gonna tell you as somebody that's witnessed it personally. 111 00:04:49,790 --> 00:04:55,093 Solitary confinement is a mind-altering experience. 112 00:04:55,095 --> 00:04:58,797 All you want is to get out of that cell. 113 00:04:58,799 --> 00:05:01,199 - Former chief of the New York City Police Department, 114 00:05:01,201 --> 00:05:03,702 he also ran Rikers Island for years, 115 00:05:03,704 --> 00:05:05,437 and as a convicted felon, 116 00:05:05,439 --> 00:05:08,073 he spent time in solitary confinement. 117 00:05:08,075 --> 00:05:14,112 - As someone that spent 60 days inside solitary confinement, 118 00:05:14,114 --> 00:05:19,151 it creates paranoia, it makes you insane. 119 00:05:19,153 --> 00:05:20,952 There's people out there that say, 120 00:05:20,954 --> 00:05:24,289 "You do the crime, you have to do the time." 121 00:05:24,291 --> 00:05:26,224 I don't think those people understand 122 00:05:26,226 --> 00:05:28,226 what that really means. 123 00:05:28,228 --> 00:05:31,396 Solitary confinement doesn't make anybody better. 124 00:05:31,398 --> 00:05:33,398 ♪ ♪ 125 00:05:33,400 --> 00:05:35,167 It makes them worse. 126 00:05:35,169 --> 00:05:37,536 [rhythmic music] 127 00:05:37,538 --> 00:05:41,440 It creates enormous anxiety. 128 00:05:41,442 --> 00:05:43,408 You have no conception what's going on 129 00:05:43,410 --> 00:05:45,677 in the world around you, 130 00:05:45,679 --> 00:05:49,181 and there are times when you go into your deepest depression. 131 00:05:49,183 --> 00:05:50,982 ♪ ♪ 132 00:05:50,984 --> 00:05:55,153 I can remember thinking, like, "What would I do to end this?" 133 00:05:55,155 --> 00:05:57,089 You know, "How can I get out of here?" 134 00:05:57,091 --> 00:05:59,424 ♪ ♪ 135 00:05:59,426 --> 00:06:03,528 And there was actually a time that I actually-- 136 00:06:03,530 --> 00:06:07,899 [chuckles] I actually timed the COs 137 00:06:07,901 --> 00:06:10,869 walking their tours, 'cause they would 138 00:06:10,871 --> 00:06:14,406 look in the cells to check on us, you know. 139 00:06:14,408 --> 00:06:20,112 Could I hang up and get it over by the time they came back? 140 00:06:20,114 --> 00:06:22,647 ♪ ♪ 141 00:06:22,649 --> 00:06:26,885 Would I have done it? I don't know, 142 00:06:26,887 --> 00:06:31,590 but I'm confident... that everybody-- 143 00:06:31,592 --> 00:06:35,127 anybody that's in solitary that goes through that, 144 00:06:35,129 --> 00:06:38,063 they think about it at least once, if not more. 145 00:06:42,436 --> 00:06:44,903 - Suicide attempts on Rikers Island 146 00:06:44,905 --> 00:06:47,072 are very common. 147 00:06:47,074 --> 00:06:48,840 It's nothing like the outside world 148 00:06:48,842 --> 00:06:50,142 where someone would be treated 149 00:06:50,144 --> 00:06:52,411 with a sense of urgency and alarm. 150 00:06:52,413 --> 00:06:55,180 On the inside these are everyday situations. 151 00:06:56,717 --> 00:06:57,983 [dramatic music] 152 00:06:57,985 --> 00:07:01,086 - You would run into self mutilation. 153 00:07:01,088 --> 00:07:03,688 It would start with the cutting of arms, 154 00:07:03,690 --> 00:07:07,626 picking at skin, then it would escalate. 155 00:07:07,628 --> 00:07:08,827 - I'd go on these binges 156 00:07:08,829 --> 00:07:13,098 where I can cut for weeks to a month. 157 00:07:13,100 --> 00:07:16,701 The feeling is almost like freedom, 158 00:07:16,703 --> 00:07:18,003 'cause I control it. 159 00:07:18,005 --> 00:07:19,638 - It's just shifting pain. 160 00:07:19,640 --> 00:07:23,375 You create a new obstacle, a new pain for yourself. 161 00:07:23,377 --> 00:07:24,976 - I went from a psychological phase 162 00:07:24,978 --> 00:07:27,412 where I was hanging up every day, 163 00:07:27,414 --> 00:07:29,614 and it became addictive. 164 00:07:29,616 --> 00:07:31,450 And it was to the point where I didn't care 165 00:07:31,452 --> 00:07:33,718 if it worked or didn't work. 166 00:07:33,720 --> 00:07:37,122 - I think 80% of inmates probably think about suicide 167 00:07:37,124 --> 00:07:39,024 at some point or another. 168 00:07:39,026 --> 00:07:41,193 I've thought about it many times. 169 00:07:41,195 --> 00:07:43,128 I've tried it. 170 00:07:46,333 --> 00:07:50,001 - It was just a matter of... 171 00:07:50,003 --> 00:07:53,472 all the stress and everything I was going through. 172 00:07:53,474 --> 00:07:56,408 Being in solitary confinement that long 173 00:07:56,410 --> 00:07:59,144 without talking to anybody, 174 00:07:59,146 --> 00:08:03,715 I felt like that maybe had something to do with it. 175 00:08:03,717 --> 00:08:07,052 I felt like I was losing my sanity. 176 00:08:07,054 --> 00:08:08,620 - When did you formulate the plan 177 00:08:08,622 --> 00:08:10,822 to try to commit suicide? 178 00:08:10,824 --> 00:08:14,559 - Well, I was actually thinking about it two, three weeks. 179 00:08:14,561 --> 00:08:17,028 - Did you tell anyone you were going to do this? 180 00:08:17,030 --> 00:08:19,097 - No. 181 00:08:19,099 --> 00:08:24,102 - And in March of 2012, he attempted suicide. 182 00:08:24,104 --> 00:08:25,604 [ominous music] 183 00:08:25,606 --> 00:08:29,875 He's literally in a noose, hanging off the ground. 184 00:08:29,877 --> 00:08:33,512 They came in and started beating him down. 185 00:08:33,514 --> 00:08:35,547 He ran out of the cell to get in the hallway 186 00:08:35,549 --> 00:08:38,149 'cause he knew there were cameras there. 187 00:08:38,151 --> 00:08:39,518 You know, he started fighting back, 188 00:08:39,520 --> 00:08:41,019 he was [bleep] crazy at that point. 189 00:08:41,021 --> 00:08:42,554 Could you blame him? 190 00:08:42,556 --> 00:08:45,156 And they "restrained" him. 191 00:08:45,158 --> 00:08:48,760 He attempted suicide, wasn't cared for properly. 192 00:08:48,762 --> 00:08:51,863 He wasn't even taken for psychiatric treatment. 193 00:08:51,865 --> 00:08:54,533 Did you know that he had attempted suicide? 194 00:08:54,535 --> 00:08:56,001 - No. - He never said that to you. 195 00:08:56,003 --> 00:08:57,569 He never talked about that. - No. 196 00:08:58,839 --> 00:09:00,472 - Did they ever tell you? - No. 197 00:09:00,474 --> 00:09:03,108 - Did they ever call you and say, "Miss Browder, 198 00:09:03,110 --> 00:09:05,610 "by the way, your son just attempted suicide, 199 00:09:05,612 --> 00:09:07,812 we just wanted to let you know"? 200 00:09:07,814 --> 00:09:12,117 He was 17. I don't know why they didn't contact his family. 201 00:09:12,119 --> 00:09:13,919 - And you never saw any mental health 202 00:09:13,921 --> 00:09:16,354 following this incident? 203 00:09:16,356 --> 00:09:19,124 - No. It was never reported. 204 00:09:20,928 --> 00:09:23,361 - Kalief's suicide attempt was never considered 205 00:09:23,363 --> 00:09:25,564 to be a suicide attempt. 206 00:09:25,566 --> 00:09:28,300 It was considered to be what's called 207 00:09:28,302 --> 00:09:31,670 a goal-directed action to remove himself 208 00:09:31,672 --> 00:09:33,572 from solitary confinement. 209 00:09:33,574 --> 00:09:35,840 Another term would be "malingering." 210 00:09:35,842 --> 00:09:39,244 - They know he's desperate to get out of solitary, 211 00:09:39,246 --> 00:09:42,948 so they say he's doing it to achieve that goal. 212 00:09:42,950 --> 00:09:45,517 He's a manipulator. 213 00:09:45,519 --> 00:09:48,720 The mental health response for attempting suicide, 214 00:09:48,722 --> 00:09:50,555 it's very callous. 215 00:09:50,557 --> 00:09:54,593 These mental health staff become so preoccupied 216 00:09:54,595 --> 00:09:58,063 with trying to find evidence that the person's malingering 217 00:09:58,065 --> 00:10:00,198 that they miss the real story. 218 00:10:00,200 --> 00:10:03,234 [droning music] 219 00:10:03,236 --> 00:10:06,705 - Corizon was the hired contractor 220 00:10:06,707 --> 00:10:08,773 to deliver care. 221 00:10:08,775 --> 00:10:11,276 Their truthfulness, you know, gets questioned. 222 00:10:11,278 --> 00:10:18,216 ♪ ♪ 223 00:10:26,793 --> 00:10:29,661 - We began finding cases at Rikers Island. 224 00:10:29,663 --> 00:10:32,697 One in particular was an inmate who had swallowed 225 00:10:32,699 --> 00:10:35,800 a highly caustic ball of detergent 226 00:10:35,802 --> 00:10:39,437 and was left to die in his cell despite asking for help 227 00:10:39,439 --> 00:10:42,907 from medical personnel, from guards passing by. 228 00:10:42,909 --> 00:10:45,543 - He killed himself. 229 00:10:45,545 --> 00:10:47,979 There's no lie about killing yourself. 230 00:10:47,981 --> 00:10:50,615 There's no hustle in that. 231 00:10:50,617 --> 00:10:53,952 - And if what you're willing to do is try to kill yourself, 232 00:10:53,954 --> 00:10:57,956 to try and hang yourself, you're desperate. 233 00:10:57,958 --> 00:11:04,896 ♪ ♪ 234 00:11:06,366 --> 00:11:08,299 - When he was in jail, 235 00:11:08,301 --> 00:11:12,270 and he would go to court and expect to go home that day, 236 00:11:12,272 --> 00:11:15,306 having those expectations and not leaving-- 237 00:11:15,308 --> 00:11:17,409 well, he just couldn't take it anymore. 238 00:11:17,411 --> 00:11:20,178 Those were the days he tried to kill himself. 239 00:11:20,180 --> 00:11:22,781 There was a parallel here. 240 00:11:22,783 --> 00:11:25,183 These prosecutors continued this whole song and dance 241 00:11:25,185 --> 00:11:28,720 about not being ready and asking for more time. 242 00:11:28,722 --> 00:11:30,088 The judges let it go. 243 00:11:30,090 --> 00:11:31,389 [clock ticking] 244 00:11:31,391 --> 00:11:33,358 Kalief's defense attorney let it go. 245 00:11:33,360 --> 00:11:34,859 [clock ticking] 246 00:11:34,861 --> 00:11:36,661 All the district attorney had to dhein t case 247 00:11:36,663 --> 00:11:38,830 was bring one victim forward. 248 00:11:38,832 --> 00:11:41,099 This wasn't a complex racketeering case 249 00:11:41,101 --> 00:11:44,369 or a case where, like, five or ten people got arrested 250 00:11:44,371 --> 00:11:46,104 under drug conspiracy 251 00:11:46,106 --> 00:11:50,642 with loads of paperwork and wiretaps. 252 00:11:50,644 --> 00:11:52,711 This was one witness. 253 00:11:52,713 --> 00:11:56,147 ♪ ♪ 254 00:11:56,149 --> 00:11:58,717 - I started researching this story. 255 00:11:58,719 --> 00:12:01,186 I couldn't find the man whose book bag 256 00:12:01,188 --> 00:12:02,954 he was said to have stolen. 257 00:12:02,956 --> 00:12:04,856 Some people even said that that man doesn't even live 258 00:12:04,858 --> 00:12:06,157 in the country anymore. 259 00:12:08,528 --> 00:12:11,463 [woman yelling indistinctly] 260 00:12:13,300 --> 00:12:16,234 [phone ringing] 261 00:12:21,374 --> 00:12:24,309 [both speaking Spanish] 262 00:12:44,598 --> 00:12:45,530 [dial tone] 263 00:13:04,751 --> 00:13:07,619 - Well, me and my friend, we came from a party 264 00:13:07,621 --> 00:13:09,687 on 3rd Avenue in the Bronx. 265 00:13:09,689 --> 00:13:12,757 I seen the flashing sirens. 266 00:13:12,759 --> 00:13:15,593 I was thinking it was a search-and-frisk routine, 267 00:13:15,595 --> 00:13:17,095 but they told us, no, there was a guy 268 00:13:17,097 --> 00:13:19,063 in the police car saying that we robbed him. 269 00:13:19,065 --> 00:13:22,066 I looked in the car, I couldn't really see a good look at him, 270 00:13:22,068 --> 00:13:24,502 but, you know, he didn't look familiar at all. 271 00:13:24,504 --> 00:13:27,238 I don't even know to this day, I don't even know how he looks. 272 00:13:28,742 --> 00:13:31,676 [both speaking Spanish] 273 00:13:50,297 --> 00:13:53,264 [ominous music] 274 00:13:53,266 --> 00:14:00,238 ♪ ♪ 275 00:16:03,997 --> 00:16:06,965 - [speaking Spanish] 276 00:16:40,166 --> 00:16:42,900 - When you left the party at 2:00 a.m., 277 00:16:42,902 --> 00:16:44,902 where were you intending to go? 278 00:16:44,904 --> 00:16:46,437 - Back home. 279 00:16:46,439 --> 00:16:48,606 - How far of a distance was the party from where you lived? 280 00:16:48,608 --> 00:16:52,076 - I would say about three blocks. 281 00:16:53,146 --> 00:16:56,080 - [speaking Spanish] 282 00:17:23,443 --> 00:17:26,077 - Late at night, it was, you know, real dark. 283 00:17:26,079 --> 00:17:27,845 The lights--the lights-- there weren't really 284 00:17:27,847 --> 00:17:30,581 any streetlights on that block at the time. 285 00:18:06,853 --> 00:18:08,453 - After they searched us and they realized 286 00:18:08,455 --> 00:18:09,754 we didn't have anything on us, 287 00:18:09,756 --> 00:18:11,055 they went back to the police car 288 00:18:11,057 --> 00:18:12,790 and they came back and they said that 289 00:18:12,792 --> 00:18:14,959 the guy is saying that we tried to rob him, 290 00:18:14,961 --> 00:18:17,728 and then another police officer came about five seconds later, 291 00:18:17,730 --> 00:18:19,030 he said that the guy is saying 292 00:18:19,032 --> 00:18:21,432 that we robbed him two weeks ago now. 293 00:18:21,434 --> 00:18:23,134 And the next thing you know, they putting the cuffs on me. 294 00:18:23,136 --> 00:18:24,669 I don't even know this dude. 295 00:18:24,671 --> 00:18:30,708 - I could see if Kalief was caught committing a crime. 296 00:18:30,710 --> 00:18:35,012 But he was just walking home from a party. 297 00:18:35,014 --> 00:18:37,415 - I blame the DA for not scrutinizing 298 00:18:37,417 --> 00:18:39,951 and being more diligent with this victim. 299 00:18:39,953 --> 00:18:42,553 There was no evidence at all except for the victim saying, 300 00:18:42,555 --> 00:18:45,256 "It was that kid and his friend." 301 00:18:45,258 --> 00:18:47,158 I mean, did he just pick the first two black kids he saw 302 00:18:47,160 --> 00:18:48,793 on the street? 303 00:18:48,795 --> 00:18:52,130 - When that police officer arrested Kalief, 304 00:18:52,132 --> 00:18:55,867 he acted as judge, jury, and executioner. 305 00:19:00,006 --> 00:19:02,907 - Sometimes, you know, I feel like I'm never going home. 306 00:19:07,514 --> 00:19:09,714 - The citizens place their trust in elected officials. 307 00:19:09,716 --> 00:19:11,949 They expect fair governance 308 00:19:11,951 --> 00:19:14,585 and efficient deliverance of services. 309 00:19:14,587 --> 00:19:16,254 - But our investigation has discovered 310 00:19:16,256 --> 00:19:19,357 that many of these people shouldn't even be here. 311 00:19:19,359 --> 00:19:22,026 - There were problems in DA Robert Johnson's office, 312 00:19:22,028 --> 00:19:23,728 especially with wrongful convictions. 313 00:19:23,730 --> 00:19:24,762 Do you think he was a good DA? 314 00:19:24,764 --> 00:19:26,197 - I worked for him for ten years, 315 00:19:26,199 --> 00:19:28,900 I think that he--you know, the community liked him, 316 00:19:28,902 --> 00:19:31,602 he got reelected over and over and over again. 317 00:19:31,604 --> 00:19:33,171 - National registry of exonerations, 318 00:19:33,173 --> 00:19:37,074 they say that from January, '89, through December, 2013, 319 00:19:37,076 --> 00:19:40,011 the Bronx had 29 exonerations, and that per capita, 320 00:19:40,013 --> 00:19:41,913 that's the highest rate in the state 321 00:19:41,915 --> 00:19:43,181 and the fifth nationwide. 322 00:19:43,183 --> 00:19:45,850 - How it happened was not under my watch, Darryl. 323 00:19:45,852 --> 00:19:47,118 - Okay, so--all right. - So therefore, I couldn't do 324 00:19:47,120 --> 00:19:48,419 anything about that. - Well, let me ask you 325 00:19:48,421 --> 00:19:49,854 about something that did happen under your watch. 326 00:19:49,856 --> 00:19:52,156 We've talked on this program about Kalief Browder, 327 00:19:52,158 --> 00:19:55,259 the young man who was held, accused of stealing a backpack, 328 00:19:55,261 --> 00:19:57,195 held on Rikers Island for three years. 329 00:19:57,197 --> 00:19:58,596 - Yes. - They had no witness, 330 00:19:58,598 --> 00:20:00,531 they had no evidence, they had no case. 331 00:20:00,533 --> 00:20:02,833 Um, we looked at the records, 332 00:20:02,835 --> 00:20:04,368 and it turned out he appeared in your courtroom 333 00:20:04,370 --> 00:20:09,707 six different times from late 2011 to mid 2012. 334 00:20:09,709 --> 00:20:10,675 Now, that would've been the middle 335 00:20:10,677 --> 00:20:11,976 of his incarceration. 336 00:20:11,978 --> 00:20:16,480 He was in your courtroom November 4, 2011. 337 00:20:37,804 --> 00:20:39,971 - You could've made a motion sua sponte, right? 338 00:20:39,973 --> 00:20:42,373 You could've just on your own said, "Release this person 339 00:20:42,375 --> 00:20:43,407 from jail, he's been here for two years." 340 00:20:43,409 --> 00:20:45,309 - Oh, no, no. I don't--I don't-- 341 00:20:45,311 --> 00:20:47,511 not necessarily you can do a sua sponte. 342 00:20:47,513 --> 00:20:48,913 - This has nothing to do with you? 343 00:20:48,915 --> 00:20:50,648 - I didn't say it had nothing to do with me. I think that-- 344 00:20:50,650 --> 00:20:52,049 - Do you feel any sense of responsibility 345 00:20:52,051 --> 00:20:54,051 for what happened in this case? 346 00:20:54,053 --> 00:20:55,653 - Mm... 347 00:20:55,655 --> 00:20:59,490 I think we all share some type of responsibility. 348 00:20:59,492 --> 00:21:03,294 - I just looked at her and I couldn't believe her. 349 00:21:03,296 --> 00:21:04,762 Every time you turn around, the prose-- 350 00:21:04,764 --> 00:21:07,131 "Oh, your honor, we need another week. 351 00:21:07,133 --> 00:21:10,568 "We need another two weeks. Oh, so-and-so is on vacation, 352 00:21:10,570 --> 00:21:13,070 we need to, you know, have more time." 353 00:21:13,072 --> 00:21:14,238 - I know, it was a joke. 354 00:21:14,240 --> 00:21:16,540 - Where was the victim for three years? 355 00:21:18,111 --> 00:21:21,212 - It was a bull[bleep] case to begin with. 356 00:21:21,214 --> 00:21:24,448 The DAs did not subject their witness 357 00:21:24,450 --> 00:21:28,052 to any kind of scrutiny that would've passed, 358 00:21:28,054 --> 00:21:30,554 you know, anybody's laugh test. 359 00:21:52,712 --> 00:21:55,813 - What normally happens in a situation such as this, 360 00:21:55,815 --> 00:21:59,317 detectives would be notified and they may come down 361 00:21:59,319 --> 00:22:03,154 to enhance this arrest right at that time, 362 00:22:03,156 --> 00:22:06,190 but I cannot see that any detectives responded 363 00:22:06,192 --> 00:22:09,226 and enhanced that case on that night. 364 00:22:09,228 --> 00:22:12,697 The only paperwork from a detective that I see 365 00:22:12,699 --> 00:22:17,335 was an interview conducted six days after the arrest. 366 00:22:20,506 --> 00:22:23,207 - Detective Caraballo met with the victim 367 00:22:23,209 --> 00:22:25,309 after Kalief got arrested. 368 00:22:25,311 --> 00:22:28,679 She reopened the case and there's a reason 369 00:22:28,681 --> 00:22:30,614 why they reopened the case briefly. 370 00:22:30,616 --> 00:22:33,517 - Why? - I don't know. 371 00:22:48,301 --> 00:22:51,869 - Now, the job of going back to speak with the super 372 00:22:51,871 --> 00:22:53,871 or the owner of the building would've fallen 373 00:22:53,873 --> 00:22:57,942 on the detectives conducting the follow-up investigation, 374 00:22:57,944 --> 00:23:01,879 but a police officer or a detective is not required 375 00:23:01,881 --> 00:23:04,081 to go out and find information 376 00:23:04,083 --> 00:23:06,717 to exonerate the person they just arrested. 377 00:23:07,920 --> 00:23:11,188 That said, a police officer's past 378 00:23:11,190 --> 00:23:13,090 may come into play at a trial 379 00:23:13,092 --> 00:23:16,894 if the officer was accused of any wrongdoing in the past. 380 00:23:21,801 --> 00:23:23,801 - I was just about ready to sit down 381 00:23:23,803 --> 00:23:25,703 and watch the Yankee game. 382 00:23:25,705 --> 00:23:28,339 I get a knock on the front door here 383 00:23:28,341 --> 00:23:30,074 and it was a police-- 384 00:23:30,076 --> 00:23:33,411 plainclothes police officers, asking for me. 385 00:23:33,413 --> 00:23:35,279 - They asked him, "Hey, can you come with us 386 00:23:35,281 --> 00:23:36,580 "down to the 48th precinct? 387 00:23:36,582 --> 00:23:38,482 We have to talk to you about something." 388 00:23:38,484 --> 00:23:41,152 Mr. Johnson was then put in a lineup, 389 00:23:41,154 --> 00:23:44,789 and Detective Yvette Caraballo was with the 9-year-old boy 390 00:23:44,791 --> 00:23:46,357 who had his bike stolen. 391 00:23:46,359 --> 00:23:49,693 She was just very forceful in picking Michael Johnson 392 00:23:49,695 --> 00:23:53,697 and telling the boy to select him out of the lineup. 393 00:23:53,699 --> 00:23:56,367 Mr. Johnson was the subject of intense ridicule 394 00:23:56,369 --> 00:23:57,668 from the "New York Post." 395 00:23:57,670 --> 00:23:59,637 His entire family thought 396 00:23:59,639 --> 00:24:02,339 that he had robbed a bicycle from a nine-year-old boy. 397 00:24:02,341 --> 00:24:04,809 Then there was a video that fully exonerated Mr. Johnson, 398 00:24:04,811 --> 00:24:06,510 that it wasn't him. it just happened to be 399 00:24:06,512 --> 00:24:09,213 some other African-American bald man. 400 00:24:09,215 --> 00:24:12,249 That video was not shown to his defense counsel 401 00:24:12,251 --> 00:24:15,152 till after he had been remanded to Rikers Island. 402 00:24:15,154 --> 00:24:16,821 - That Detective Caraballo, 403 00:24:16,823 --> 00:24:19,790 I kind of think she knew the video existed. 404 00:24:37,276 --> 00:24:39,276 - Only thing on my mind was, "I gotta go home, 405 00:24:39,278 --> 00:24:40,511 I didn't do this." 406 00:24:40,513 --> 00:24:45,583 And, you know, it was scary, because, you know... 407 00:24:45,585 --> 00:24:48,118 I'm being held accountable for something I didn't do. 408 00:24:48,120 --> 00:24:49,320 I don't even know this guy. 409 00:25:40,172 --> 00:25:43,007 - This guy flees the country. 410 00:25:43,009 --> 00:25:46,477 Meanwhile, the DA leaves Kalief in Rikers to rot. 411 00:25:46,479 --> 00:25:48,112 They just presumed him guilty, 412 00:25:48,114 --> 00:25:50,614 that he was just another [bleep] black kid from the Bronx 413 00:25:50,616 --> 00:25:51,882 that did something wrong. 414 00:25:51,884 --> 00:25:53,317 He's already in jail. 415 00:25:53,319 --> 00:25:55,119 He's gonna end up taking a plea, 416 00:25:55,121 --> 00:25:59,590 so they didn't give a [bleep], and they just let it go. 417 00:25:59,592 --> 00:26:01,959 - During this period of time, Kalief, 418 00:26:01,961 --> 00:26:03,794 did you have any other altercations 419 00:26:03,796 --> 00:26:06,096 with other corrections officers? 420 00:26:06,098 --> 00:26:10,568 - Yes. His name was...Grinnage. 421 00:26:13,873 --> 00:26:17,007 There was a lot of tension between us. 422 00:26:17,009 --> 00:26:18,943 - Can you tell me what happened? 423 00:26:18,945 --> 00:26:20,344 - Just arguments. 424 00:26:20,346 --> 00:26:22,246 - What would you argue over? 425 00:26:22,248 --> 00:26:26,750 - The phone, the shower, soap, toilet paper, stuff like that. 426 00:26:28,454 --> 00:26:31,255 Whenever I needed tissues so I could use the bathroom 427 00:26:31,257 --> 00:26:34,024 he would say, "All right, I got you," 428 00:26:34,026 --> 00:26:36,927 and then he would never give it to me. 429 00:26:40,800 --> 00:26:43,067 Then an hour later I would be screaming out my door, 430 00:26:43,069 --> 00:26:44,234 "I need tissue!" 431 00:26:44,236 --> 00:26:46,637 And it eventually led to the incident. 432 00:26:47,807 --> 00:26:50,808 [tense music] 433 00:26:50,810 --> 00:26:52,543 ♪ ♪ 434 00:26:52,545 --> 00:26:55,245 - Tell me what happened on that date. 435 00:26:55,247 --> 00:26:57,014 - He came to my cell and he told me 436 00:26:57,016 --> 00:27:00,017 he was gonna beat me up once I got in the shower. 437 00:27:00,019 --> 00:27:01,719 ♪ ♪ 438 00:27:01,721 --> 00:27:03,787 - Do you know why? 439 00:27:03,789 --> 00:27:06,490 - Because in the shower there are no cameras. 440 00:27:06,492 --> 00:27:07,925 ♪ ♪ 441 00:27:07,927 --> 00:27:09,960 - So what did you do in response to that? 442 00:27:09,962 --> 00:27:13,263 - To be honest, I didn't really think he was gonna do anything. 443 00:27:13,265 --> 00:27:15,532 - So describe what happened. 444 00:27:15,534 --> 00:27:17,134 ♪ ♪ 445 00:27:17,136 --> 00:27:20,704 - He opened up my cell. 446 00:27:20,706 --> 00:27:23,707 He started to escort me to the shower. 447 00:27:23,709 --> 00:27:25,542 He said something, 448 00:27:25,544 --> 00:27:31,015 and I said something back to him, and... 449 00:27:31,017 --> 00:27:34,018 he slammed me to the floor. 450 00:27:34,020 --> 00:27:40,958 ♪ ♪ 451 00:27:49,435 --> 00:27:50,934 [ominous music] 452 00:27:50,936 --> 00:27:52,302 - Somebody help! 453 00:27:52,304 --> 00:27:55,105 Please! Please! Somebody help me! 454 00:27:57,443 --> 00:27:59,476 - I couldn't do anything, because my hands was 455 00:27:59,478 --> 00:28:01,612 cuffed to the back, and it's scary. 456 00:28:01,614 --> 00:28:02,980 [dramatic music] 457 00:28:02,982 --> 00:28:04,948 - Why did you slam my brother to the floor? 458 00:28:04,950 --> 00:28:06,283 What did my brother say 459 00:28:06,285 --> 00:28:08,852 that would provoke that type of action? 460 00:28:08,854 --> 00:28:11,021 He didn't touch you. 461 00:28:11,023 --> 00:28:13,691 He wasn't fighting nobody else. 462 00:28:13,693 --> 00:28:16,160 Another guard runs. 463 00:28:16,162 --> 00:28:17,828 To do what? 464 00:28:17,830 --> 00:28:21,298 To help the defenseless guard that's on top of my brother? 465 00:28:21,300 --> 00:28:23,133 Or because he thought my brother was gonna get up 466 00:28:23,135 --> 00:28:24,568 and beat him up? 467 00:28:24,570 --> 00:28:26,737 How, if my brother's in handcuffs? 468 00:28:26,739 --> 00:28:28,038 What he gonna do? 469 00:28:28,040 --> 00:28:29,807 ♪ ♪ 470 00:28:29,809 --> 00:28:32,810 Why did they allow this treatment to continue? 471 00:28:32,812 --> 00:28:36,213 - According to the Use of Force report, 472 00:28:36,215 --> 00:28:38,615 Kalief tried to get away from him, 473 00:28:38,617 --> 00:28:41,418 he was aggressive towards the officer, 474 00:28:41,420 --> 00:28:43,954 and that he was restraining Kalief. 475 00:28:43,956 --> 00:28:45,456 You know, "The officers, 476 00:28:45,458 --> 00:28:46,757 "they were trying to do the right thing 477 00:28:46,759 --> 00:28:48,092 in restraining him," and this and that. 478 00:28:48,094 --> 00:28:49,893 I'm like, "bull[bleep]." 479 00:28:49,895 --> 00:28:52,563 - Did you have any injuries from this? 480 00:28:52,565 --> 00:28:54,364 - I had an injury to my face. 481 00:28:54,366 --> 00:28:56,133 - What happened to your face? 482 00:28:56,135 --> 00:28:58,302 - It was a bruise. 483 00:28:58,304 --> 00:28:59,403 - This is the statement 484 00:28:59,405 --> 00:29:01,572 from the correctional health services. 485 00:29:01,574 --> 00:29:06,110 "Kalief admits to hitting his face into a shower wall." 486 00:29:06,112 --> 00:29:07,845 That doesn't even make sense. 487 00:29:07,847 --> 00:29:09,146 You know, like, it could not have happened 488 00:29:09,148 --> 00:29:12,416 that Kalief slammed his own head into a shower. 489 00:29:12,418 --> 00:29:13,717 You know, these officer probably know 490 00:29:13,719 --> 00:29:16,854 some of these doctors or nurses, 491 00:29:16,856 --> 00:29:19,189 and they're falsifying documents. 492 00:29:19,191 --> 00:29:22,126 These guys are--they're in cahoots with the officers, 493 00:29:22,128 --> 00:29:24,762 'cause no one's gonna challenge this. 494 00:29:24,764 --> 00:29:28,599 - One of the big problems at Rikers is a code of silence. 495 00:29:28,601 --> 00:29:31,301 All the officers, practically, will lie 496 00:29:31,303 --> 00:29:33,570 or look the other way for the bad people, 497 00:29:33,572 --> 00:29:37,274 and that creates a culture of brutality. 498 00:29:37,276 --> 00:29:40,144 - This event happened in full view of the cameras. 499 00:29:40,146 --> 00:29:42,479 All the inmates know exactly where the cameras are, 500 00:29:42,481 --> 00:29:44,014 and he knew it was just so brazen 501 00:29:44,016 --> 00:29:46,450 that it had been captured on film. 502 00:29:46,452 --> 00:29:48,752 - Kalief's like, "I want to go to the hearing this time. 503 00:29:48,754 --> 00:29:51,388 "I want to go to the proceeding and tell the judge 504 00:29:51,390 --> 00:29:55,092 that there's a video of that and that officer slammed me down." 505 00:29:55,094 --> 00:29:57,628 But they never had a hearing. 506 00:29:57,630 --> 00:30:00,197 It rarely ever happens, you know? 507 00:30:00,199 --> 00:30:01,899 As long as Kalief is still standing 508 00:30:01,901 --> 00:30:04,201 and his skull isn't fractured, 509 00:30:04,203 --> 00:30:06,737 these officers aren't getting charged with any crime. 510 00:30:06,739 --> 00:30:08,172 You know, the district attorney's office 511 00:30:08,174 --> 00:30:10,274 only opens investigations if-- 512 00:30:10,276 --> 00:30:13,610 you know, if someone's basically in a coma. 513 00:30:16,182 --> 00:30:18,949 And then he was brought back to court. 514 00:30:18,951 --> 00:30:21,285 You know, it's just, like, an ongoing pattern, 515 00:30:21,287 --> 00:30:24,321 but at this point, it's just completely out of control. 516 00:30:24,323 --> 00:30:27,624 - The DA had an obligation to honestly state 517 00:30:27,626 --> 00:30:30,427 whether or not he or she was ready for trial, 518 00:30:30,429 --> 00:30:32,429 and in order to be ready for trial 519 00:30:32,431 --> 00:30:36,433 a witness has to be reachable and available. 520 00:30:36,435 --> 00:30:40,437 - If the prosecutors knew that they did not have a witness, 521 00:30:40,439 --> 00:30:43,941 then their failure to tell that to the defense lawyer, 522 00:30:43,943 --> 00:30:47,644 in my view, amounts to a serious ethical violation. 523 00:30:47,646 --> 00:30:51,148 - These prosecutors knew or should've known 524 00:30:51,150 --> 00:30:52,783 that there was no case here, 525 00:30:52,785 --> 00:30:55,252 and they have obligations to investigate, 526 00:30:55,254 --> 00:30:57,688 especially when at the outset it appears 527 00:30:57,690 --> 00:30:59,623 that something stinks to high heaven. 528 00:31:39,498 --> 00:31:41,365 - In the district attorney's notes 529 00:31:41,367 --> 00:31:43,734 you see that they're indicating to each other 530 00:31:43,736 --> 00:31:46,603 that they don't have witness, they can't find the witness. 531 00:31:46,605 --> 00:31:48,872 [dramatic music] 532 00:31:48,874 --> 00:31:51,308 - I just--I still--I can't-- 533 00:31:51,310 --> 00:31:54,912 I-I just don't-- I-I don't remember everything. 534 00:31:54,914 --> 00:31:56,513 ♪ ♪ 535 00:31:56,515 --> 00:31:57,848 - How could they prosecute a case 536 00:31:57,850 --> 00:32:00,517 if the witness isn't there to testify? 537 00:32:00,519 --> 00:32:02,719 - Do you know the case of Kalief Browder? 538 00:32:25,778 --> 00:32:27,611 - They knew that victim was gone. 539 00:32:27,613 --> 00:32:29,413 They continued this whole song and dance 540 00:32:29,415 --> 00:32:32,182 about not being ready and asking for more time, 541 00:32:32,184 --> 00:32:34,418 and the judges just let it go. 542 00:32:36,088 --> 00:32:40,390 - And then you try and make him admit that he's guilty. 543 00:32:40,392 --> 00:32:42,759 To what? 544 00:32:43,862 --> 00:32:46,830 [ominous music] 545 00:32:46,832 --> 00:32:51,435 ♪ ♪ 546 00:33:03,282 --> 00:33:05,716 - At that time, I felt like that was the right thing to do, 547 00:33:05,718 --> 00:33:07,451 fight my case, even though I knew 548 00:33:07,453 --> 00:33:10,253 sometimes things happen and some people are found guilty 549 00:33:10,255 --> 00:33:12,089 of things they didn't do, 550 00:33:12,091 --> 00:33:14,825 but that was a risk I was willing to take. 551 00:33:14,827 --> 00:33:17,461 - From the day he got arrested, they try and get him 552 00:33:17,463 --> 00:33:20,464 to plead guilty to something he didn't do, 553 00:33:20,466 --> 00:33:24,668 but Kalief stood his ground, he wouldn't do it. 554 00:33:24,670 --> 00:33:27,404 - And that's when Judge DiMango got involved. 555 00:33:27,406 --> 00:33:28,805 - Good morning, thank you. 556 00:33:28,807 --> 00:33:30,774 - She's feisty. - Oh, jeez. 557 00:33:30,776 --> 00:33:32,576 - She's quick. - Turn that phone off. 558 00:33:32,578 --> 00:33:33,643 - She's real. 559 00:33:33,645 --> 00:33:35,045 - I mean, it is prison. 560 00:33:35,047 --> 00:33:37,114 - Pleas are DiMango's specialty. 561 00:33:37,116 --> 00:33:39,950 On this day, nearly half of the more than 30 defendants 562 00:33:39,952 --> 00:33:41,918 who appeared before her took them. 563 00:33:41,920 --> 00:33:43,387 It's why she's here in the Bronx, 564 00:33:43,389 --> 00:33:45,389 to help with a huge backlog of cases, 565 00:33:45,391 --> 00:33:46,990 some of which date back years 566 00:33:46,992 --> 00:33:50,027 and is seen as an embarrassment across the state. 567 00:33:50,029 --> 00:33:52,295 - How many cases did you do a day? 568 00:33:52,297 --> 00:33:57,534 - I did anywhere from 30 to 70 felony cases a day. 569 00:33:57,536 --> 00:33:58,802 - You were a closer. 570 00:33:58,804 --> 00:34:00,737 - I was a closer. I was the Mariano Rivera 571 00:34:00,739 --> 00:34:02,072 of the court system. - [laughs] 572 00:34:02,074 --> 00:34:04,107 - I have to make a full disclosure 573 00:34:04,109 --> 00:34:08,178 before I talk about Patricia DiMango. Okay? 574 00:34:08,180 --> 00:34:10,647 She's an archenemy of mine, okay? 575 00:34:10,649 --> 00:34:13,917 I think she's-- she's a bully. 576 00:34:13,919 --> 00:34:16,720 - What do you do with your life? Nothing, right? 577 00:34:16,722 --> 00:34:18,522 - She had a certain style where she pressed 578 00:34:18,524 --> 00:34:20,957 these defendants into taking a plea. 579 00:34:20,959 --> 00:34:22,759 - Plea here or take your chances, 580 00:34:22,761 --> 00:34:26,430 because if you lose at trial on these cases, 581 00:34:26,432 --> 00:34:28,765 you may end up with much more than a year and a half. 582 00:34:28,767 --> 00:34:30,200 [dramatic music] 583 00:34:30,202 --> 00:34:33,236 - It didn't matter to her where the victim was. 584 00:34:33,238 --> 00:34:36,306 It didn't matter what was happening to Kalief in Rikers. 585 00:34:36,308 --> 00:34:38,942 Even fact that this guy's backpack 586 00:34:38,944 --> 00:34:41,978 kept Kalief in jail for three years, 587 00:34:41,980 --> 00:34:43,580 she didn't give a [bleep]. 588 00:34:43,582 --> 00:34:47,751 She was going to get him to plea. That's what she does. 589 00:34:47,753 --> 00:34:50,787 - Yes or no? Yes or no? 590 00:34:50,789 --> 00:34:53,723 ♪ ♪ 591 00:34:56,195 --> 00:34:58,228 [droning music] 592 00:34:58,230 --> 00:35:00,997 - Whether Kalief Browder took the backpack or not 593 00:35:00,999 --> 00:35:03,100 is insignificant. 594 00:35:03,102 --> 00:35:05,869 It holds no weight to the story, you know? 595 00:35:05,871 --> 00:35:08,071 This man deserved justice 596 00:35:08,073 --> 00:35:12,476 under the current laws of our system, 597 00:35:12,478 --> 00:35:15,011 and the system failed him. 598 00:35:15,013 --> 00:35:18,014 [dramatic music] 599 00:35:18,016 --> 00:35:21,084 ♪ ♪ 600 00:35:21,086 --> 00:35:22,886 - Every time I went to court there was always 601 00:35:22,888 --> 00:35:27,757 that side of me that--telling me, like, "You gonna go home." 602 00:35:27,759 --> 00:35:30,127 But then I tried not to hype myself up, 603 00:35:30,129 --> 00:35:32,329 'cause it hurts when you think you going home 604 00:35:32,331 --> 00:35:35,532 and then you don't go home. 605 00:35:35,534 --> 00:35:37,534 - In March of 2013, 606 00:35:37,536 --> 00:35:39,302 they brought in Patricia DiMango to clear up 607 00:35:39,304 --> 00:35:41,505 the court congestion in the Bronx. 608 00:35:41,507 --> 00:35:43,340 - Do community service, it'll help you. 609 00:35:43,342 --> 00:35:47,177 - The DA's all over the place, they can't find the witness. 610 00:35:47,179 --> 00:35:49,546 Then that's when they came back with the misdemeanors 611 00:35:49,548 --> 00:35:53,083 to just try to get rid of it, you know, for their stats. 612 00:35:53,085 --> 00:35:56,086 [dramatic music] 613 00:35:56,088 --> 00:36:03,026 ♪ ♪ 614 00:36:09,601 --> 00:36:11,468 - The first thing that came to my head is, 615 00:36:11,470 --> 00:36:13,236 "For them to offer me something like that, 616 00:36:13,238 --> 00:36:14,838 they have to know they wrong, 617 00:36:14,840 --> 00:36:18,475 so if they know they wrong, there's no point in taking it." 618 00:36:18,477 --> 00:36:21,278 - DiMango pressed him to take a plea, 619 00:36:21,280 --> 00:36:23,146 and he refused it. 620 00:36:23,148 --> 00:36:26,516 He said no. "I didn't do it. 621 00:36:26,518 --> 00:36:29,619 I'll go to trial." 622 00:36:29,621 --> 00:36:33,557 DiMango says to him, "Okay, no sweat off my back." 623 00:36:35,260 --> 00:36:36,960 And so the DA states 624 00:36:36,962 --> 00:36:40,363 that they're still not ready for trial. 625 00:36:40,365 --> 00:36:45,001 They request two weeks, and the case is adjourned. 626 00:36:45,003 --> 00:36:48,538 DA had made the representation to the court at that point 627 00:36:48,540 --> 00:36:51,675 that they're in contact with the victim, 628 00:36:51,677 --> 00:36:53,376 but that he's in Mexico, and that they were gonna 629 00:36:53,378 --> 00:36:56,780 fly him "up to the Bronx" for the trial. 630 00:36:56,782 --> 00:36:59,115 I mean, give me a break. 631 00:36:59,117 --> 00:37:02,752 Then they come back in April. 632 00:37:02,754 --> 00:37:06,089 Of course, they weren't ready, they didn't have the witness, 633 00:37:06,091 --> 00:37:08,191 but at this point it's just completely out of control, 634 00:37:08,193 --> 00:37:09,693 and it became, like, more apparent 635 00:37:09,695 --> 00:37:12,028 that they didn't have a witness at all. 636 00:37:12,030 --> 00:37:13,363 They were still trying to do it 637 00:37:13,365 --> 00:37:15,131 for as long as they could get away with it. 638 00:37:15,133 --> 00:37:18,268 - The judge told me that if I plead guilty 639 00:37:18,270 --> 00:37:22,672 of time served, and I had about 33 months in at that time, 640 00:37:22,674 --> 00:37:24,608 that I would be released-- I would be released from jail 641 00:37:24,610 --> 00:37:27,811 that same day without any probation, 642 00:37:27,813 --> 00:37:30,614 and my felony would be dropped down to a misdemeanor. 643 00:37:30,616 --> 00:37:33,049 And, you know, it sounded good, 644 00:37:33,051 --> 00:37:35,118 because it was right before summertime 645 00:37:35,120 --> 00:37:37,887 and I really wanted to go home, but I didn't do it, 646 00:37:37,889 --> 00:37:39,122 you're not gonna-- you're not gonna make me say 647 00:37:39,124 --> 00:37:42,259 I did something just so I could go home. 648 00:37:42,261 --> 00:37:44,494 And she told Kalief, "The district attorney has been 649 00:37:44,496 --> 00:37:46,730 "in contact with the victim. 650 00:37:46,732 --> 00:37:50,300 "Could go to jail for up to 15 years. 651 00:37:50,302 --> 00:37:52,102 You have a lot to lose here." 652 00:37:52,104 --> 00:37:53,136 [dramatic music] 653 00:37:53,138 --> 00:37:54,604 - Where do you go, what do you do? 654 00:37:54,606 --> 00:37:56,806 - She said, "Now, are you sure you want to go to trial, 655 00:37:56,808 --> 00:37:58,808 or you want to go home today?" 656 00:37:58,810 --> 00:38:01,378 I told her, "I didn't do it. I'm not--I'm not taking-- 657 00:38:01,380 --> 00:38:04,281 I'm not taking this-- I'm not taking the deal." 658 00:38:04,283 --> 00:38:05,682 - That meant he had to go 659 00:38:05,684 --> 00:38:09,786 back to that hellhole that he came from. 660 00:38:09,788 --> 00:38:14,791 But he did it to take a stand. 661 00:38:14,793 --> 00:38:16,326 - It was the most difficult decision 662 00:38:16,328 --> 00:38:18,662 I ever had in my life, 663 00:38:18,664 --> 00:38:23,033 but I had to maintain my innocence, so I had-- 664 00:38:23,035 --> 00:38:26,736 I had to just stay in there and--and fight it. 665 00:38:26,738 --> 00:38:28,171 - I know he thought about it. 666 00:38:28,173 --> 00:38:31,007 How could he not think about it? That was his life, you know. 667 00:38:31,009 --> 00:38:33,476 He didn't know when he was getting out of there. 668 00:38:33,478 --> 00:38:36,379 - It was a lot mentally, because half of you wants 669 00:38:36,381 --> 00:38:38,148 to get out of there, and then the other half 670 00:38:38,150 --> 00:38:41,084 don't want to leave just over the strength of principle. 671 00:38:41,086 --> 00:38:44,421 I said "Yo, what if I made a mistake?" 672 00:38:44,423 --> 00:38:49,225 - I'm a little on the both side of admiring him for his bravery 673 00:38:49,227 --> 00:38:52,295 and wanting to punch him in the face 674 00:38:52,297 --> 00:38:54,664 for staying in there. 675 00:38:54,666 --> 00:38:57,267 Nobody wants to be in a room by yourself. 676 00:38:57,269 --> 00:39:00,203 If you could get out, you would do anything to get out. 677 00:39:03,241 --> 00:39:06,710 - And he's-- he's a better person than me, 678 00:39:06,712 --> 00:39:09,979 'cause I probably would've said, "Okay, I'm guilty," 679 00:39:09,981 --> 00:39:11,281 just to go home. 680 00:39:13,952 --> 00:39:16,353 - It was--it was--it-- to be honest, it was-- 681 00:39:16,355 --> 00:39:20,957 it was the anger towards the way the system was running. 682 00:39:20,959 --> 00:39:23,159 I didn't--I didn't think it was fair. 683 00:39:23,161 --> 00:39:25,528 - The courage that Mr. Browder showed 684 00:39:25,530 --> 00:39:27,864 is one of the most remarkable things about this case, 685 00:39:27,866 --> 00:39:31,968 because I guarantee, 99 out of 100 people 686 00:39:31,970 --> 00:39:35,271 will plead guilty to something they didn't do 687 00:39:35,273 --> 00:39:37,507 when they are forced into the situation 688 00:39:37,509 --> 00:39:39,642 Mr. Browder was forced into. 689 00:39:41,146 --> 00:39:42,946 - Dudes in there, they used to tell me, 690 00:39:42,948 --> 00:39:45,915 "Kalief, why? Just take it, go home." 691 00:39:45,917 --> 00:39:47,150 They would call me all types of names, 692 00:39:47,152 --> 00:39:49,018 "You're dumb, you're stupid. 693 00:39:49,020 --> 00:39:52,655 If that was me I would've said I did it, went home." 694 00:39:52,657 --> 00:39:56,259 And I'm not gonna lie. I mean, it did get to me, I-- 695 00:39:56,261 --> 00:39:57,727 when they used to talk like that I used to go 696 00:39:57,729 --> 00:40:00,463 to my cell and lay down and think, like, 697 00:40:00,465 --> 00:40:04,601 "You know, maybe I am crazy, or maybe I am going too far," 698 00:40:04,603 --> 00:40:07,303 but I just did what I felt was right. 699 00:40:07,305 --> 00:40:11,107 - To stand up for your rights under the worst circumstances, 700 00:40:11,109 --> 00:40:12,742 this is an unbelievable guy. 701 00:40:12,744 --> 00:40:15,979 You don't find that many people like him, 702 00:40:15,981 --> 00:40:18,348 and he deserves to be taken seriously. 703 00:40:32,697 --> 00:40:34,998 - Of course he's not there, 704 00:40:35,000 --> 00:40:37,167 and I think at that point, DiMango realized, 705 00:40:37,169 --> 00:40:40,170 "Hey, the DA's never been ready on this case. 706 00:40:40,172 --> 00:40:42,305 It's like all the lights went on. 707 00:40:42,307 --> 00:40:45,875 - Eventually, the district attorneys 708 00:40:45,877 --> 00:40:48,278 have to admit that they don't really have a case, 709 00:40:48,280 --> 00:40:50,647 the witness that they felt that they had 710 00:40:50,649 --> 00:40:52,849 was no longer in the country. 711 00:40:52,851 --> 00:40:57,287 - We don't have a witness. We know we can't make the case. 712 00:40:57,289 --> 00:40:59,656 We know for a fact that if judge says 713 00:40:59,658 --> 00:41:01,458 we're starting the trial, we'd have to dismiss. 714 00:41:01,460 --> 00:41:03,293 There's no question about it. 715 00:41:03,295 --> 00:41:05,829 - She pressed the DA. 716 00:41:05,831 --> 00:41:08,231 She demanded that they either bring their witness in 717 00:41:08,233 --> 00:41:09,866 or dismiss this case. 718 00:41:09,868 --> 00:41:12,235 - And I overheard the prosecutor. 719 00:41:12,237 --> 00:41:14,270 She told another lawyer, "I'm not putting my job 720 00:41:14,272 --> 00:41:15,972 "on the line. I don't know where he is 721 00:41:15,974 --> 00:41:18,274 and I don't know when he coming back." 722 00:41:18,276 --> 00:41:22,245 But you let my son rot in there for three years. 723 00:41:22,247 --> 00:41:25,248 [dramatic music] 724 00:41:25,250 --> 00:41:32,188 ♪ ♪ 725 00:41:42,801 --> 00:41:44,834 - They had to release him. 726 00:41:44,836 --> 00:41:51,774 ♪ ♪ 727 00:41:56,214 --> 00:41:57,847 - I felt relieved. 728 00:41:57,849 --> 00:41:59,249 I felt like that was the best feeling 729 00:41:59,251 --> 00:42:01,718 I ever had in my life. 730 00:42:01,720 --> 00:42:05,288 [laughs] 731 00:42:12,130 --> 00:42:16,065 - But by then, the damage had been done. 732 00:42:17,669 --> 00:42:22,138 - The paranoia, the memories, it was just too much. 733 00:42:23,341 --> 00:42:26,309 - 911 emergency. - [screams]