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all: ♪ Happy birthday, dear Kalief ♪
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- Hi
- Hey, how yng doi?
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- Good evening.
- Good evening.
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00:00:19,620 --> 00:00:24,256
- Um, today is May 15, 2010.
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The time is now about
7:47 in the evening.
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- I just needed to get my story out.
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- And you are
Mr. Kalief Browder.
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Is that correct?
- Yes.
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I was just going home from a party.
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- 911 operator 1719, what's the emergency?
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There was a guy saying that I had robbed him.
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[indistinct police radio chatter]
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They said, "We're gonna take you to the precinct."
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- Did you rob somebody
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in the beginning part
of May, Mr. Crowder?
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- No. No.
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- The time is now
10 to 8:00.
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This interview
is concluded.
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- They said, "Most likely, we're gonna let you go home."
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- Rikers...
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- One of the most violent jails in the country.
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- All right, all right!
- Look what he's doing!
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- Stop! We missed it!
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- But then...
[buzzer blares]
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- The [bleep] is wrong
with you, man?
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- Time-out.
- I never went home.
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- Kalief was my son.
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I know what he went through.
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[buzzer blares]
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I went through a lot with him.
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- I felt like I was done wrong.
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I felt like something needed to be done about this.
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[indistinct yelling]
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If I just say that I did it,
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nothing's gonna be done about it.
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I didn't do it.
No justice is served.
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Nobody hears nothing at all.
I had to fight.
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[dramatic music]
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You want me to walk away like it's okay?
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It's not okay.
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♪ ♪
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I lost my childhood.
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I lost my happiness.
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- They destroyed my life, my family's life.
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- What's his name? all: Kalief Browder!
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- 911 emergency. - Oh, my God!
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- Ma'am? - This is supposed to be
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the greatest city in the world.
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And we are supposed to trust in this justice system.
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Where's the justice?
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♪ ♪
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- Let's do it again.
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All right, tell me
when this gets annoying,
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and I'll stop.
- [laughs]
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- Sorry.
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- Yeah.
[chuckles] It's all right.
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- Thank you.
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- I don't know I'm just nervous.
I don't know.
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- How many times did I start
over, right?
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I kept doing that, too.
I was like, "Wait, time-out.
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I got to say it again."
- [laughs]
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- He broke records.
I'm kidding.
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- All right, um...
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In order--
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I'm sorry, hold on.
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I'll just let them go by.
It's just personal for me.
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- Yeah.
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- In jail as a 16-year-old high-school sophomore,
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now more than three years later, this young man is free.
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- He may be physically free-- - Criminal charges--
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- Kalief Browder...
- Kalief Browder...
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- Kalief Browder...
- Kalief Browder...
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- Was arrested at 16...
- For stealing a backpack.
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- A backpack.
- Backpack.
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- In jail on Rikers...
- Solitary...
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- Solitary confinement.
- Torture.
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- Torture.
- Torture.
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- He did three years
on Rikers Island,
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trapped there, without having
been convicted of a crime.
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- This video was obtained by the "New Yorker Magazine."
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- It caused a lot
of people to act.
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- President Obama banned
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solitary confinement for juveniles.
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Obama cites Kalief Browder in New York City.
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- Republican Senator Rand Paul mentioned his name.
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- How are you?
- Rosie O'Donnell
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had him on "The View."
- You are really a hero.
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[applause]
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- And Jay Z met him...
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took a picture with him.
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- Kalief moved so many people.
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I just felt compelled to meet with him.
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I believe our prophets come
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in many shapes and forms.
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Sometimes our prophets come
in the form of young,
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undeveloped energy that will
teach all us grown-ups
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how to love better
and have more compassion,
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and Kalief Browder
was a prophet.
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♪ ♪
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- Now, more than three years later,
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this young man is free--
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criminal charges completely dropped.
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- You know, I just came home.
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- Good morning to you. Here's what we've got, guys.
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Delays all the way back to the Bruckner Interchange.
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We got a couple of other incidents in the Bronx
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that we're gonna be looking at as well.
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- When I was 16, I mean, I liked to play sports.
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[crowd cheering]
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- Yankees win! The Yankees win!
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- I used to like to go to the park.
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- Rare sister cubs are at the Bronx Zoo,
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the Malayan tiger--
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- I used to like to go to parties.
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- We're in the South Bronx, Hip-Hop Boulevard.
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It's an honor to the place that created hip-hop
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on August 11, 1973.
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- I can't even have fun right now.
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Coming home, I was very discouraged,
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and sometimes
I'm still discouraged.
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I don't even think I can make it
like these guys out here.
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I see businessmen and businesswomen
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dressed in suits.
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I want to be like them,
you know?
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That's my--
that's just me.
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I want to be successful
like them.
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Everything is just straight work and school
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and catching up on my life.
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Like, right now as we speak, I just--
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from the stuff that
I've been through prior,
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I just feel like I have a lot
of just demons walking with me,
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and it's not
from anything I did,
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but just stuff that I've seen
and been through,
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and it's like--
it just won't leave me.
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[shouting]
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I can't go to sleep
at night, you know,
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and every time
I get time to myself,
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I think about those things,
and it just stresses me out.
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[airplane passing overhead]
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- Physically, he'll be right in front of you.
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Mentally, he's not there.
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And, you know, I'm his mom.
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I could see when there's
a difference, and he just--
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It's like he's in and out.
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This is how he releases his anger.
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And when he thinks about Rikers, he gets really upset.
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The city knows what they've done.
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I'm just waiting for the day Kalief gets justice.
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- When Kalief came home, we
went to 11 different attorneys,
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11 different attorneys
that turned him down right away,
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said he had no case.
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This wasn't about getting him money.
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It was about getting him justice.
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- You know what? You mess with these kids
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who are in jail to try
to compel a plea
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and ask for these bull[bleep],
illusory adjournments, whatever.
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I know that. I was a DA.
I did the same thing.
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- Paul had no doubt about the fact that he had a case.
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- So, basically,
my whole argument is,
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this is an issue
of the city of New York.
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- 911 Operator, 1719, what's the emergency?
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- All they had to do in this case
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was bring one victim forward.
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And the thing about this victim was,
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he had given different statements
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in the police paperwork about when this robbery
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actually happened.
- 2:40 a.m.?
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- Yes.
- I was home.
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- You were home, definitely?
- I had to have been home.
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- Um...
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- The DA wasn't ready for trial.
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They didn't have a witness. The DA was on vacation.
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The DA's on another trial.
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It was excuse after excuse after excuse.
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[buzzer blares] He was in solitary
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as a teenager for 14 months in a row.
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They just kept him there.
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It was torture.
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To me, it just underscored
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the injustice in our system.
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[elevator bell dings]
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It was a long, slow process.
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Finally, the attorney for the city
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scheduled the first deposition.
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- Stand clear of the closing doors, please.
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- I explained to Kalief,
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"Look, deposition's an examination under oath.
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It's gonna be a lot of questions."
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He was nervous. He wasn't sure what to expect.
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- Good morning, Mr. Browder.
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- If you've never been in a deposition,
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Pray to God, "Thank you,"
and hope you never have to be.
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A deposition is this chess match
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between you and an opponent,
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that is the most mentally stressful thing.
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You are under oath.
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- Tell me about Rikers.
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- The correction officer slapped me on the floor.
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Every chance he got, he slammed my face into the wall.
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He used to starve me for days.
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I remember their faces.
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- You know, we want to make sure
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this information's accurate.
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- A deposition
is not about addressing
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the issues that you raised.
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It's to discredit
and destroy you if they can.
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00:11:51,078 --> 00:11:52,844
- Have you ever heard of Children's Services?
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00:11:52,846 --> 00:11:54,813
Were you ever screened of mental-health issues?
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What is going on with your mom?
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Kindergarten, detention, smoking marijuana--
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Are you affiliated with any gang?
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- It's a farce to believe
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00:12:04,424 --> 00:12:06,691
that when you sit someone
at a deposition
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that you want the truth.
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You don't want the truth.
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- I think the truth is messy...
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because if he's right, you got to look at the police.
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00:12:18,171 --> 00:12:19,370
- The 48th Precinct.
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00:12:19,372 --> 00:12:20,905
- You got to look at the prosecutor.
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00:12:20,907 --> 00:12:22,540
- The Bronx DA's office is refusing to say--
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- Got to look at the court.
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00:12:23,777 --> 00:12:25,143
- Hundreds waiting to see a judge...
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- You got to look at this jail system.
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- In jail on Rikers Island...
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00:12:27,881 --> 00:12:29,581
- You got to look at solitary confinement.
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00:12:29,583 --> 00:12:31,950
- Human rights groups consider it torture.
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♪ ♪
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- He's got to be wrong.
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Otherwise, what the [bleep]
are we doing?
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[dramatic music]
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♪ ♪
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- In May of 2010, 16-year-old Kalief Browder
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was walking home from a party in the Bronx
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when he was stopped by the police
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for allegedly stealing a backpack.
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- I'm gonna advise you
of your rights, okay? Yes?
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00:12:58,145 --> 00:12:59,144
- All right.
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- Uh, you have the right
to remain silent
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and refuse to answer
any questions.
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Do you understand?
- Yes.
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00:13:04,384 --> 00:13:06,017
- With his family unable to make bail,
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00:13:06,019 --> 00:13:08,486
he was hauled off to one of the toughest jails in the country--
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00:13:08,488 --> 00:13:10,088
Rikers Island.
[shouting]
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- Stop resisting!
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00:13:12,125 --> 00:13:13,925
- He would spend the next three years there,
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00:13:13,927 --> 00:13:17,629
locked up for a crime he never committed.
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Kalief and his attorney
Paul Prestia
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00:13:19,166 --> 00:13:21,533
are here right now,
demanding answers.
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00:13:21,535 --> 00:13:23,568
We hear of people
wrongfully arrested.
250
00:13:23,570 --> 00:13:25,537
We hear of people waiting
too long to get sentenced.
251
00:13:25,539 --> 00:13:26,971
We hear of people
with exorbitant bails,
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00:13:26,973 --> 00:13:29,407
We hear about people who are
abused by correctional officers.
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00:13:29,409 --> 00:13:33,378
But it's rare to hear of all
of them happening to one person.
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Right now,
America is watching you.
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00:13:36,249 --> 00:13:37,582
People are listening to you.
256
00:13:37,584 --> 00:13:40,418
If you had one message
to tell the country,
257
00:13:40,420 --> 00:13:42,420
what would it be?
258
00:13:42,422 --> 00:13:44,489
- I feel like the whole point
of me being on this show
259
00:13:44,491 --> 00:13:47,158
is just to get
my story out there,
260
00:13:47,160 --> 00:13:50,795
because I feel like
this happens every day.
261
00:13:50,797 --> 00:13:53,698
This happens every day, and
I feel like it's got to stop.
262
00:13:53,700 --> 00:13:58,503
- What can be done to at least
hold somebody--
263
00:13:58,505 --> 00:14:00,171
somebody accountable
for what's happened?
264
00:14:00,173 --> 00:14:04,242
- We filed the lawsuit
in Supreme Court, Bronx County,
265
00:14:04,244 --> 00:14:06,611
for the wrongful arrest,
malicious prosecution--
266
00:14:06,613 --> 00:14:08,880
From that interview, he gets love and support
267
00:14:08,882 --> 00:14:10,415
from, like, people around the country,
268
00:14:10,417 --> 00:14:12,750
and he's like, "Wow, people really care about, like,
269
00:14:12,752 --> 00:14:14,385
what happened to me."
270
00:14:14,387 --> 00:14:16,788
And when he's in the deposition speaking about it,
271
00:14:16,790 --> 00:14:19,224
it's not love.
272
00:14:19,226 --> 00:14:21,025
It's suspicion...
273
00:14:21,027 --> 00:14:22,794
and doubt.
274
00:14:22,796 --> 00:14:25,563
- Mr. Browder, I have to ask you a number of questions
275
00:14:25,565 --> 00:14:27,532
with regard to your claim.
276
00:14:27,534 --> 00:14:28,766
What is your address?
277
00:14:28,768 --> 00:14:31,669
- 2124 Prospect Avenue,
278
00:14:31,671 --> 00:14:34,839
Bronx, New York, 10457.
279
00:14:34,841 --> 00:14:36,374
[car horn honking]
280
00:14:36,376 --> 00:14:38,643
- The Bronx is really an epicenter of poverty
281
00:14:38,645 --> 00:14:40,111
in New York City.
282
00:14:40,113 --> 00:14:41,613
- This congressional district
283
00:14:41,615 --> 00:14:43,514
was one of the poorest in the nation.
284
00:14:46,453 --> 00:14:51,256
- Poor folks and folks of color born into ghettoization,
285
00:14:51,258 --> 00:14:55,727
in Child Protective Services, in failing schools--
286
00:14:55,729 --> 00:14:58,296
they are "the others"
287
00:14:58,298 --> 00:15:01,366
we allow to exist
just on the periphery
288
00:15:01,368 --> 00:15:03,234
of our own imagination.
289
00:15:03,236 --> 00:15:08,072
We're going to have to learn to care about them.
290
00:15:08,074 --> 00:15:09,974
- How long have you lived there?
291
00:15:09,976 --> 00:15:12,410
- My whole life.
292
00:15:14,681 --> 00:15:18,216
- And your address is 2124 Prospect Avenue?
293
00:15:18,218 --> 00:15:19,717
- Yes.
294
00:15:19,719 --> 00:15:23,321
- That's a private house? - Private house.
295
00:15:23,323 --> 00:15:25,957
- Do you rent or own that house?
296
00:15:25,959 --> 00:15:29,193
- I actually stay with my mother.
297
00:15:29,195 --> 00:15:31,229
- What is your mother's name?
298
00:15:31,231 --> 00:15:34,098
- Venida.
299
00:15:34,100 --> 00:15:36,768
- How old is she?
300
00:15:36,770 --> 00:15:40,371
- She's probably about 50.
301
00:15:40,373 --> 00:15:43,274
- Mm.
302
00:15:43,276 --> 00:15:46,177
Oh, gosh.
303
00:15:46,179 --> 00:15:49,314
- Let's go through your brothers and sisters.
304
00:15:49,316 --> 00:15:52,517
What's your brother's name? - Kamal.
305
00:15:56,323 --> 00:16:00,091
- He was fun, energetic, annoying.
306
00:16:01,428 --> 00:16:04,262
He was always determined...
307
00:16:04,264 --> 00:16:06,531
trying to get
all the right pieces together.
308
00:16:06,533 --> 00:16:09,434
- Your next brother? - Deion Browder.
309
00:16:09,436 --> 00:16:10,868
- He'll burst my door open,
310
00:16:10,870 --> 00:16:12,603
say, "Hey what are you doing today?"
311
00:16:12,605 --> 00:16:15,273
He had so much to say.
He would not stop.
312
00:16:15,275 --> 00:16:18,343
And you would just
sit there like, "Okay..."
313
00:16:18,345 --> 00:16:20,678
- What about your sister? What is her name?
314
00:16:20,680 --> 00:16:23,581
- Nicole. - He had the dumbest laugh.
315
00:16:23,583 --> 00:16:26,084
[imitating laughter]
"Get away from me."
316
00:16:26,086 --> 00:16:29,253
You know constantly, the laugh.
317
00:16:29,255 --> 00:16:31,656
- What about your other two brothers?
318
00:16:31,658 --> 00:16:34,926
- Other two brothers-- Akeem...
319
00:16:34,928 --> 00:16:36,694
- He was my workout partner. [chuckles]
320
00:16:36,696 --> 00:16:39,530
Like, he had a eight-pack,
like, when he was a baby.
321
00:16:39,532 --> 00:16:41,566
Kind of jealous about that.
[laughs]
322
00:16:41,568 --> 00:16:44,068
- What about the last brother? - Raheem.
323
00:16:44,070 --> 00:16:45,370
- He would try to play basketball
324
00:16:45,372 --> 00:16:47,205
with me and my friends.
325
00:16:47,207 --> 00:16:49,207
I don't know what he thought he was doing,
326
00:16:49,209 --> 00:16:51,209
but it wasn't playing basketball.
327
00:16:51,211 --> 00:16:52,977
[laughs]
328
00:16:52,979 --> 00:16:55,346
- Who are your friends that come over?
329
00:16:55,348 --> 00:16:57,382
- Tyrone, David.
330
00:16:57,384 --> 00:17:00,918
- Me and Kalief were neighbors for years, since diapers.
331
00:17:00,920 --> 00:17:02,653
We used to throw snowballs
at cars
332
00:17:02,655 --> 00:17:03,988
and then just start running.
333
00:17:03,990 --> 00:17:06,591
My stoop, be his stoop,
334
00:17:06,593 --> 00:17:08,726
Tyrone's is all the way
to the left.
335
00:17:08,728 --> 00:17:09,961
- Everybody called us
on the block
336
00:17:09,963 --> 00:17:11,929
the Three Musketeers.
337
00:17:11,931 --> 00:17:13,965
- We would play video games, play sports.
338
00:17:13,967 --> 00:17:16,434
- We used to play a lot of football, tackle on the street,
339
00:17:16,436 --> 00:17:17,802
in the front--on concrete.
340
00:17:17,804 --> 00:17:20,338
Just not caring, throwing each other at cars.
341
00:17:20,340 --> 00:17:22,707
Like, just like regular kids, you know?
342
00:17:22,709 --> 00:17:25,343
- Kalief was a goofball. Like, he told all the jokes.
343
00:17:25,345 --> 00:17:27,845
- Kalief named me Jewish Boy
as my nickname,
344
00:17:27,847 --> 00:17:30,715
'cause when I would get
a lot of hair, it would curl.
345
00:17:30,717 --> 00:17:32,984
And I'm the only white person
on the block,
346
00:17:32,986 --> 00:17:35,953
so they called me Jewish Boy
for that, too.
347
00:17:35,955 --> 00:17:39,390
It's so weird.
[laughs]
348
00:17:39,392 --> 00:17:41,526
He always made people laugh.
349
00:17:41,528 --> 00:17:44,462
He was a funny kid, had a good heart, too.
350
00:17:46,766 --> 00:17:50,435
- Once, Kalief and Ty wanted to go to the beach
351
00:17:50,437 --> 00:17:51,869
with me and my friend,
352
00:17:51,871 --> 00:17:53,404
and we didn't want to go
353
00:17:53,406 --> 00:17:55,506
'cause we were
more self-conscious,
354
00:17:55,508 --> 00:17:58,142
and he said, "There's nothing
to be ashamed of.
355
00:17:58,144 --> 00:17:59,444
You're beautiful."
356
00:17:59,446 --> 00:18:01,212
And that touched me.
357
00:18:01,214 --> 00:18:04,382
For him to say that really gave me confidence.
358
00:18:04,384 --> 00:18:07,051
[voice breaking]
He was a really good friend.
359
00:18:11,891 --> 00:18:13,825
Sorry.
360
00:18:17,764 --> 00:18:19,363
- I'm not the same anymore.
361
00:18:19,365 --> 00:18:22,366
I'm happy I'm home, but should I really be happy?
362
00:18:22,368 --> 00:18:24,435
Because I shouldn't have been there.
363
00:18:24,437 --> 00:18:28,372
It's crazy because I don't fit in anymore.
364
00:18:28,374 --> 00:18:30,741
Before, I fit in.
365
00:18:30,743 --> 00:18:32,410
- This is not about truth.
366
00:18:32,412 --> 00:18:33,811
This is not about justice.
367
00:18:33,813 --> 00:18:36,781
This is about you
getting put in a corner,
368
00:18:36,783 --> 00:18:38,583
so when you walk
out of that room,
369
00:18:38,585 --> 00:18:41,219
you have no case.
370
00:18:41,221 --> 00:18:43,254
They thought it up for weeks,
371
00:18:43,256 --> 00:18:47,458
and you are now the mouse in the mousetrap.
372
00:18:47,460 --> 00:18:49,427
- When did you find out you were adopted?
373
00:18:49,429 --> 00:18:52,797
[dramatic music]
374
00:18:52,799 --> 00:18:54,765
- Kalief was just like, "What?"
375
00:18:54,767 --> 00:18:57,301
- Were you a foster child of your mom and dad
376
00:18:57,303 --> 00:19:00,438
before you were adopted?
377
00:19:00,440 --> 00:19:01,672
- I don't know.
378
00:19:01,674 --> 00:19:04,675
♪ ♪
379
00:19:04,677 --> 00:19:07,445
- Throughout the time
of my being a foster parent,
380
00:19:07,447 --> 00:19:11,449
which was 15 years,
I had about 30 kids.
381
00:19:11,451 --> 00:19:13,951
♪ ♪
382
00:19:13,953 --> 00:19:16,120
You're on call 24 hours, and sometimes
383
00:19:16,122 --> 00:19:18,689
I would get a call, like, 2:00 or 3:00 in the morning,
384
00:19:18,691 --> 00:19:21,292
and it was rough.
385
00:19:21,294 --> 00:19:23,794
- I'm afraid we have an epidemic on every level.
386
00:19:23,796 --> 00:19:26,164
- Despite all the warnings,
a growing number of babies
387
00:19:26,166 --> 00:19:28,432
are being born
already addicted to cocaine.
388
00:19:28,434 --> 00:19:31,502
- If the child is born drug-addicted,
389
00:19:31,504 --> 00:19:33,938
the mother never gets that child.
390
00:19:33,940 --> 00:19:36,107
- It didn't matter
how much you used,
391
00:19:36,109 --> 00:19:38,910
what you used,
392
00:19:38,912 --> 00:19:40,945
you were gonna be separated
from your kids.
393
00:19:40,947 --> 00:19:42,413
♪ ♪
394
00:19:59,666 --> 00:20:01,532
♪ ♪
395
00:20:01,534 --> 00:20:04,802
- Kalief was born into Child Protective Services
396
00:20:04,804 --> 00:20:08,439
because his mother having been
a crack addict
397
00:20:08,441 --> 00:20:12,577
and never receiving the kind
of treatment that she needed
398
00:20:12,579 --> 00:20:14,779
and instead being criminalized.
399
00:20:16,349 --> 00:20:20,117
The War on Drugs led to really tragic consequences.
400
00:20:21,788 --> 00:20:24,255
People's families were being torn apart.
401
00:20:24,257 --> 00:20:27,592
People's futures were being erased.
402
00:20:27,594 --> 00:20:29,660
- I love you.
403
00:20:29,662 --> 00:20:32,396
- It's a mistake
to look at Kalief's story
404
00:20:32,398 --> 00:20:35,166
just as a snapshot.
405
00:20:35,168 --> 00:20:39,570
Here is a young man who was raised in this system...
406
00:20:41,307 --> 00:20:45,376
Swept, then, into a criminal justice system...
407
00:20:45,378 --> 00:20:48,713
[shouting, buzzer blares]
408
00:20:48,715 --> 00:20:52,650
A system that failed him every step of the way.
409
00:20:55,655 --> 00:20:58,256
[dramatic music]
410
00:20:58,258 --> 00:21:01,659
- During the deposition, there were some difficult moments.
411
00:21:01,661 --> 00:21:02,960
I felt like the attorney
412
00:21:02,962 --> 00:21:05,663
was very aggressive towards him.
413
00:21:05,665 --> 00:21:09,100
It just felt like it was too much.
414
00:21:09,102 --> 00:21:12,203
- Were you suspended at all in middle school?
415
00:21:12,205 --> 00:21:14,805
- Kalief is somebody who's been under, essentially,
416
00:21:14,807 --> 00:21:17,742
state surveillance their entire life.
417
00:21:17,744 --> 00:21:19,110
The kid's a foster-care kid.
418
00:21:19,112 --> 00:21:20,711
They've got every report.
419
00:21:20,713 --> 00:21:23,848
They've got
every altercation in school.
420
00:21:23,850 --> 00:21:25,950
- We are now in the tenth grade.
421
00:21:25,952 --> 00:21:28,452
Do you recall any of your teachers from the tenth grade?
422
00:21:28,454 --> 00:21:31,789
- One of them was Miss Charlene.
423
00:21:31,791 --> 00:21:35,059
- I do remember Browder
very vividly.
424
00:21:35,061 --> 00:21:38,629
Usually, he didn't go to other classes except mine.
425
00:21:38,631 --> 00:21:42,233
I taught him tenth-grade global history.
426
00:21:42,235 --> 00:21:46,203
He came at his leisure,
did not take notes,
427
00:21:46,205 --> 00:21:50,341
did not have a notebook,
did not have a pencil.
428
00:21:50,343 --> 00:21:51,642
He carried a book bag.
429
00:21:51,644 --> 00:21:53,244
Now, was there any books
in the bag?
430
00:21:53,246 --> 00:21:55,179
I don't think so.
431
00:21:55,181 --> 00:21:57,848
Maybe I let Browder do these things
432
00:21:57,850 --> 00:22:01,919
because I didn't see anything really bad in him.
433
00:22:01,921 --> 00:22:06,190
And I think he liked
the attention that I gave him.
434
00:22:09,629 --> 00:22:11,529
I know how hard it is.
435
00:22:11,531 --> 00:22:13,564
Their homes are not good.
436
00:22:13,566 --> 00:22:16,233
They don't feel anyone loves them.
437
00:22:16,235 --> 00:22:18,102
But they came up that way.
438
00:22:18,104 --> 00:22:20,371
So by the time
they get to high school,
439
00:22:20,373 --> 00:22:23,774
they're already conditioned.
440
00:22:23,776 --> 00:22:25,943
- This is not statistics.
441
00:22:25,945 --> 00:22:28,713
This is not an issue. This is not a cause.
442
00:22:28,715 --> 00:22:32,350
This is human beings.
This is kids.
443
00:22:32,352 --> 00:22:35,152
But these kids in urban America
444
00:22:35,154 --> 00:22:37,822
don't have the right
to be human.
445
00:22:42,995 --> 00:22:46,230
- When did you find out you were adopted?
446
00:22:46,232 --> 00:22:49,900
- I believe I was 12 or 13 years old.
447
00:22:51,537 --> 00:22:54,071
- Somebody in the family told him.
448
00:22:54,073 --> 00:22:56,207
Kalief just kept saying,
"It's not right, man.
449
00:22:56,209 --> 00:22:58,642
It's not right.
It's not right."
450
00:22:58,644 --> 00:23:01,412
- Were you getting into trouble at home?
451
00:23:01,414 --> 00:23:03,681
- He was lost.
He was, like, lost.
452
00:23:03,683 --> 00:23:06,784
He needed, like, his father.
453
00:23:06,786 --> 00:23:10,421
- What's your dad's name? - Everett Browder.
454
00:23:10,423 --> 00:23:12,056
- How often do you see your dad?
455
00:23:12,058 --> 00:23:16,127
- Not often, because we haven't been talking too much.
456
00:23:16,129 --> 00:23:18,062
- My dad left home.
457
00:23:18,064 --> 00:23:21,465
He didn't leave on good terms with anybody.
458
00:23:21,467 --> 00:23:24,468
- My mom would be downstairs
crying, upset,
459
00:23:24,470 --> 00:23:27,338
and all the kids see this.
460
00:23:27,340 --> 00:23:30,274
- Kalief was really hurt by the situation.
461
00:23:30,276 --> 00:23:33,511
- 'Cause after he left,
Kalief switched quick.
462
00:23:33,513 --> 00:23:37,214
♪ ♪
463
00:23:37,216 --> 00:23:39,250
- [barks]
464
00:23:39,252 --> 00:23:43,187
- Kalief, he started coming
outside when he was 11, 12.
465
00:23:43,189 --> 00:23:47,525
- Seemed like he was looking for
friends, and then he was lost.
466
00:23:47,527 --> 00:23:49,660
- And I was like,
"You know, you shouldn't
467
00:23:49,662 --> 00:23:51,429
be around these people,"
and this and that.
468
00:23:51,431 --> 00:23:52,863
He didn't want to listen.
469
00:23:52,865 --> 00:23:55,266
- You feel like you do need a family.
470
00:23:55,268 --> 00:23:57,368
You're by yourself out there.
471
00:23:57,370 --> 00:23:59,570
You need people that share
472
00:23:59,572 --> 00:24:02,440
those same experiences with you.
473
00:24:02,442 --> 00:24:03,974
So you're sitting
next to the guy, like,
474
00:24:03,976 --> 00:24:06,577
"Yeah, my dad left, too.
[bleep] him. I hate him."
475
00:24:06,579 --> 00:24:08,479
You're actually
letting those feelings out,
476
00:24:08,481 --> 00:24:12,316
not in a way that's evolved.
477
00:24:13,619 --> 00:24:15,786
- He found that family that was like,
478
00:24:15,788 --> 00:24:17,354
"We're gonna be there for you.
We will defend you.
479
00:24:17,356 --> 00:24:19,290
We will help you."
480
00:24:19,292 --> 00:24:24,094
- How is your relationship to Shamel Peterson?
481
00:24:24,096 --> 00:24:27,498
- He was from the neighborhood.
482
00:24:27,500 --> 00:24:29,700
- I wasn't in school at that time.
483
00:24:29,702 --> 00:24:31,635
He used to tell me to come pick him up,
484
00:24:31,637 --> 00:24:34,138
then have a bunch of dudes with us, chillin', parlaying,
485
00:24:34,140 --> 00:24:35,906
like, regular.
486
00:24:35,908 --> 00:24:38,108
[laughs]
487
00:24:38,110 --> 00:24:40,644
Smoke marijuana here and there, you know what I'm saying?
488
00:24:40,646 --> 00:24:42,146
Probably drink some, you know what I'm saying?
489
00:24:42,148 --> 00:24:45,816
Like, doing regular kid things, having fun.
490
00:24:45,818 --> 00:24:47,218
- Shimmy came along.
491
00:24:47,220 --> 00:24:48,719
I didn't hang out with him too much.
492
00:24:48,721 --> 00:24:50,588
It's like, you know how
trouble comes
493
00:24:50,590 --> 00:24:51,655
looking for you sometimes?
494
00:24:51,657 --> 00:24:53,657
It was like that with him.
495
00:24:53,659 --> 00:24:55,459
- You leave your kids vulnerable in the streets,
496
00:24:55,461 --> 00:24:59,330
and, you know, they're bound to do criminal activity.
497
00:24:59,332 --> 00:25:02,199
- Increasingly, the police are being tasked
498
00:25:02,201 --> 00:25:05,302
with more and more of society's heavy lifting.
499
00:25:05,304 --> 00:25:07,505
It used to be teachers and community centers.
500
00:25:07,507 --> 00:25:08,539
Now it's the cops.
501
00:25:08,541 --> 00:25:11,242
And so the net
is getting bigger.
502
00:25:11,244 --> 00:25:14,645
The catch-bin zone
is getting bigger.
503
00:25:14,647 --> 00:25:17,381
- You had a prior incident. Is that correct?
504
00:25:17,383 --> 00:25:19,850
- Yes. - What was that arrest for?
505
00:25:19,852 --> 00:25:23,020
- They said I was driving a bakery truck.
506
00:25:23,022 --> 00:25:26,156
- When I found out what he was arrested for,
507
00:25:26,158 --> 00:25:27,558
I couldn't believe it.
508
00:25:27,560 --> 00:25:30,494
Joyriding in a bread truck?
509
00:25:30,496 --> 00:25:32,463
You know, and then the cops
started making jokes,
510
00:25:32,465 --> 00:25:35,332
"What's the matter?
He was hungry."
511
00:25:35,334 --> 00:25:37,268
- I think it was more on the lines of peer pressure,
512
00:25:37,270 --> 00:25:39,036
'cause the crowd that he hung out with at the time
513
00:25:39,038 --> 00:25:40,871
really had a big influence on him.
514
00:25:40,873 --> 00:25:43,674
- I guess you would say I was being a follower.
515
00:25:43,676 --> 00:25:47,912
- What do you mean you were being a follower?
516
00:25:47,914 --> 00:25:49,980
- Did he have to steal
a bakery truck?
517
00:25:49,982 --> 00:25:51,882
No, he didn't.
518
00:25:51,884 --> 00:25:54,051
But as a kid, you don't think
about things like that.
519
00:25:54,053 --> 00:25:56,120
You make silly mistakes.
520
00:26:01,027 --> 00:26:02,893
- New York is one of only two states
521
00:26:02,895 --> 00:26:04,828
in the entire country that sets the age
522
00:26:04,830 --> 00:26:07,665
of criminal responsibility
at 16.
523
00:26:18,911 --> 00:26:20,611
- Kids get arrested on a charge.
524
00:26:20,613 --> 00:26:22,646
They're offered probation.
They take it.
525
00:26:22,648 --> 00:26:25,449
They don't realize
how serious it is.
526
00:26:25,451 --> 00:26:29,053
- Now you're kind of tagged as a problem,
527
00:26:29,055 --> 00:26:32,723
and every police encounter
you have after that,
528
00:26:32,725 --> 00:26:36,427
you'll be viewed as that kid
who has a record,
529
00:26:36,429 --> 00:26:39,530
whether you've even
been convicted or not.
530
00:26:39,532 --> 00:26:46,470
♪ ♪
531
00:26:51,077 --> 00:26:53,911
- I remember that night he wanted to have fun
532
00:26:53,913 --> 00:26:57,247
and go out to a party.
533
00:26:57,249 --> 00:26:59,617
- We went to one of his friend's parties.
534
00:26:59,619 --> 00:27:06,557
♪ ♪
535
00:27:09,395 --> 00:27:11,395
2:00-something in the morning.
536
00:27:11,397 --> 00:27:15,065
We walking, we talking about our night.
537
00:27:15,067 --> 00:27:17,835
We was the only ones out there.
538
00:27:17,837 --> 00:27:20,738
[siren wails]
539
00:27:20,740 --> 00:27:23,674
[indistinct police radio chatter]
540
00:27:26,345 --> 00:27:27,911
- There was a guy in a police car
541
00:27:27,913 --> 00:27:31,081
saying that we robbed him two weeks ago.
542
00:27:31,083 --> 00:27:32,583
The police officer, he told me and my friend--
543
00:27:32,585 --> 00:27:33,984
he said, "Oh, don't worry about it.
544
00:27:33,986 --> 00:27:35,686
"We're just gonna take you to the precinct,
545
00:27:35,688 --> 00:27:37,388
"and we're gonna see if he filed a police report,
546
00:27:37,390 --> 00:27:39,723
and most likely we're gonna let you go."
547
00:27:44,530 --> 00:27:46,230
- Good evening.
- Good evening.
548
00:27:46,232 --> 00:27:50,801
- Um, today is May 15, 2010.
549
00:27:50,803 --> 00:27:54,872
The time is now
about 7:47 in the evening.
550
00:27:56,909 --> 00:27:59,510
- It's sad that these seconds
551
00:27:59,512 --> 00:28:01,879
changed
this man's life forever.
552
00:28:05,818 --> 00:28:07,718
[indistinct police radio chatter]
553
00:28:07,720 --> 00:28:12,322
- Now, Mr. Browder, where were you when you got arrested?
554
00:28:12,324 --> 00:28:15,325
- On Arthur Avenue.
[siren wails]
555
00:28:15,327 --> 00:28:18,996
[indistinct police radio chatter]
556
00:28:18,998 --> 00:28:21,365
- I remember getting the phone call
557
00:28:21,367 --> 00:28:24,334
saying that he was arrested.
558
00:28:24,336 --> 00:28:26,704
And it terrified me.
559
00:28:28,374 --> 00:28:32,976
They told me Kalief robbed this person of a backpack,
560
00:28:32,978 --> 00:28:37,047
and it had a camera, $700,
561
00:28:37,049 --> 00:28:40,484
a credit card, and an iPod.
562
00:28:40,486 --> 00:28:43,253
I was in such a state,
I don't even remember
563
00:28:43,255 --> 00:28:45,022
if I went to the station,
564
00:28:45,024 --> 00:28:49,560
'cause once I start crying,
I don't remember much.
565
00:28:49,562 --> 00:28:52,229
- When I found out, I was pissed,
566
00:28:52,231 --> 00:28:54,131
'cause I didn't know he got arrested
567
00:28:54,133 --> 00:28:56,467
until, like, the next afternoon when I came after work.
568
00:28:56,469 --> 00:28:58,235
I didn't think
it was gonna escalate
569
00:28:58,237 --> 00:29:00,537
to be anything, like, serious.
570
00:29:00,539 --> 00:29:02,873
- I'm like, "Oh, they ain't got no evidence."
571
00:29:02,875 --> 00:29:05,309
Like, they normally just
pull people off the streets,
572
00:29:05,311 --> 00:29:07,111
I'm thinking
it's probably a lineup,
573
00:29:07,113 --> 00:29:11,014
he's gonna be out
within a few hours.
574
00:29:11,016 --> 00:29:12,850
- We all went down
to the precinct
575
00:29:12,852 --> 00:29:16,453
to see if, you know,
he can come back home.
576
00:29:16,455 --> 00:29:18,789
They weren't letting him go.
577
00:29:18,791 --> 00:29:20,824
- To be honest, I thought it was just
578
00:29:20,826 --> 00:29:23,594
a routine stop-and-frisk.
579
00:29:25,197 --> 00:29:26,897
- Stop-and-frisk--
580
00:29:26,899 --> 00:29:28,766
police officers stop people on the streets.
581
00:29:28,768 --> 00:29:31,168
They would pat them down whether there was evidence
582
00:29:31,170 --> 00:29:32,970
they were committing
a crime or not.
583
00:29:32,972 --> 00:29:35,339
- Stop-and-frisk, which worked
very well in New York--
584
00:29:35,341 --> 00:29:36,940
- It was first aggressively used there
585
00:29:36,942 --> 00:29:39,243
under Rudy Giuliani, who was the mayor at the time.
586
00:29:39,245 --> 00:29:43,714
- On the black side, you've got
to teach your children
587
00:29:43,716 --> 00:29:45,649
to be respectful
to the police.
588
00:29:45,651 --> 00:29:48,485
- [screams]
- You must submit yourselves
589
00:29:48,487 --> 00:29:50,988
to unjustifiable stops,
590
00:29:50,990 --> 00:29:53,891
disrespectful encounters with police officers,
591
00:29:53,893 --> 00:29:55,793
They will go and stop people,
592
00:29:55,795 --> 00:29:58,162
regardless if
there is a reason or not.
593
00:29:58,164 --> 00:29:59,730
- I didn't do nothing wrong!
594
00:29:59,732 --> 00:30:02,099
- Stop-and-frisk street stops by the NYPD
595
00:30:02,101 --> 00:30:04,535
have exploded under commissioner Ray Kelly--
596
00:30:04,537 --> 00:30:06,970
roughly 1,600 times a day.
597
00:30:06,972 --> 00:30:08,071
- People who were stopped,
598
00:30:08,073 --> 00:30:09,940
it was disproportionately
nonwhite.
599
00:30:09,942 --> 00:30:11,041
Whites were only 9%.
600
00:30:11,043 --> 00:30:13,944
Blacks, Latinos making up
much more of it.
601
00:30:13,946 --> 00:30:16,246
- [shouting]
602
00:30:16,248 --> 00:30:18,048
[screams]
603
00:30:18,050 --> 00:30:20,984
[indistinct shouting]
604
00:30:23,989 --> 00:30:27,224
- That's the climate
Kalief grew up in.
605
00:30:27,226 --> 00:30:31,395
Where every young black
and Latino--
606
00:30:31,397 --> 00:30:35,799
when you walk out the door,
you're a suspect.
607
00:30:35,801 --> 00:30:38,202
- Kalief would talk to me a lot about cops
608
00:30:38,204 --> 00:30:40,470
just frisking them and throwing them on the ground
609
00:30:40,472 --> 00:30:43,207
or being cuffed and stuff like that.
610
00:30:43,209 --> 00:30:46,376
He felt like, you know,
they would just
611
00:30:46,378 --> 00:30:49,680
do what they want with him.
612
00:30:49,682 --> 00:30:52,216
- Children were always being profiled.
613
00:30:52,218 --> 00:30:54,418
Stop-and-frisk was involved then.
614
00:30:54,420 --> 00:30:56,653
So it was like
everyday occurrence.
615
00:30:56,655 --> 00:31:00,524
Sometimes I would say,
"Who got stopped today?"
616
00:31:00,526 --> 00:31:03,627
It's just part of the course.
617
00:31:03,629 --> 00:31:06,430
Every single day,
a ton of people
618
00:31:06,432 --> 00:31:09,032
are falsely arrested
in this city.
619
00:31:09,034 --> 00:31:11,535
When something happens, the police department
620
00:31:11,537 --> 00:31:12,836
will just grab someone
621
00:31:12,838 --> 00:31:15,706
in the immediate vicinity of something.
622
00:31:15,708 --> 00:31:19,476
- Kalief was walking home with a friend of his.
623
00:31:19,478 --> 00:31:22,312
They were stopped by police officers,
624
00:31:22,314 --> 00:31:26,783
put against the wall, handcuffed almost immediately.
625
00:31:26,785 --> 00:31:29,286
There was a victim in the car,
626
00:31:29,288 --> 00:31:31,722
a spotlight was shone on them
from the police car,
627
00:31:31,724 --> 00:31:35,692
which, of course,
is inherently suggestive.
628
00:31:35,694 --> 00:31:37,327
- They told you that this person
629
00:31:37,329 --> 00:31:39,096
had accused you of robbing him.
630
00:31:39,098 --> 00:31:41,632
- They searched me. I didn't have nothing.
631
00:31:41,634 --> 00:31:45,302
He said, "Let me go talk to the guy."
632
00:31:45,304 --> 00:31:47,371
- They ask
very directed questions,
633
00:31:47,373 --> 00:31:48,739
like, "Isn't this the guy
who did it?
634
00:31:48,741 --> 00:31:50,240
Is this the guy who did it?"
635
00:31:50,242 --> 00:31:51,675
- Then they went back, and he said,
636
00:31:51,677 --> 00:31:54,678
"No, this person tried to rob me."
637
00:31:54,680 --> 00:31:56,813
- I said, "How did I try to rob him?"
638
00:31:56,815 --> 00:31:59,883
He said, "Let me finish talking to him."
639
00:31:59,885 --> 00:32:03,253
- If the person immediately
says, "You know, I'm not sure.
640
00:32:03,255 --> 00:32:05,322
I'm not sure," and then
the third time says,
641
00:32:05,324 --> 00:32:07,824
"Maybe it was,"
that creates probable cause.
642
00:32:07,826 --> 00:32:09,226
- When he came back, the guy said
643
00:32:09,228 --> 00:32:10,661
I robbed him two weeks ago.
644
00:32:10,663 --> 00:32:13,196
He changed his story three times.
645
00:32:13,198 --> 00:32:16,066
- The witness is changing
his story back and forth.
646
00:32:16,068 --> 00:32:18,335
This person
was contradicting himself
647
00:32:18,337 --> 00:32:19,870
on when the robbery occurred
648
00:32:19,872 --> 00:32:22,039
and, quite frankly,
even if it occurred.
649
00:32:22,041 --> 00:32:24,441
[indistinct police radio chatter]
650
00:32:24,443 --> 00:32:27,144
- There was multiple errors in the police paperwork.
651
00:32:30,883 --> 00:32:34,651
The dates are
all screwed up.
652
00:32:34,653 --> 00:32:37,421
- He was arrested on May 15, 2010.
653
00:32:37,423 --> 00:32:39,256
In the criminal complaint, it was alleged
654
00:32:39,258 --> 00:32:42,693
that the robbery took place on May 2, 2010.
655
00:32:42,695 --> 00:32:44,828
In another police report, it's alleged
656
00:32:44,830 --> 00:32:47,130
that it was May 8, 2010.
657
00:32:47,132 --> 00:32:50,867
So right there you have inconsistency from the victim.
658
00:32:50,869 --> 00:32:54,905
- When the defendants
were brought into the precinct,
659
00:32:54,907 --> 00:32:58,809
there was no immediate follow-up
by a detective
660
00:32:58,811 --> 00:33:02,379
on the date of arrest.
661
00:33:02,381 --> 00:33:04,514
And that may be important,
662
00:33:04,516 --> 00:33:08,618
because the location where the original crime occurred
663
00:33:08,620 --> 00:33:11,021
and the location of the arrest two weeks later
664
00:33:11,023 --> 00:33:12,489
were in close proximity.
665
00:33:15,027 --> 00:33:17,794
Go to that alley. Check the lighting conditions.
666
00:33:17,796 --> 00:33:19,696
You may go there and say,
"I don't know
667
00:33:19,698 --> 00:33:22,232
"how this complainant
is ID'ing the perps.
668
00:33:22,234 --> 00:33:26,570
You know, it's pretty dark
in this alley."
669
00:33:26,572 --> 00:33:28,805
They could've applied for a search warrant
670
00:33:28,807 --> 00:33:32,342
to go and search the residences Of Kalief and Shamel.
671
00:33:32,344 --> 00:33:34,411
Perhaps credit cards were around.
672
00:33:34,413 --> 00:33:36,446
Perhaps the camera was around.
673
00:33:36,448 --> 00:33:40,183
Perhaps the backpack was around.
674
00:33:40,185 --> 00:33:42,719
That said, if I'm a victim of a crime
675
00:33:42,721 --> 00:33:45,555
and I see the suspect walking down the street
676
00:33:45,557 --> 00:33:47,391
and I notify the police officer,
677
00:33:47,393 --> 00:33:50,327
"That person robbed me,"
two hours in the past,
678
00:33:50,329 --> 00:33:53,597
two days, two weeks, two months
or two years in the past,
679
00:33:53,599 --> 00:33:56,033
that police officer
has to make that arrest.
680
00:33:56,035 --> 00:33:57,534
They don't have any recourse.
681
00:33:57,536 --> 00:33:59,269
And that's what happened
in this situation.
682
00:34:04,009 --> 00:34:06,043
- Good evening. - Good evening.
683
00:34:06,045 --> 00:34:08,311
- You are Mr. Kalief Browder. Is that correct?
684
00:34:08,313 --> 00:34:09,646
- Yes.
- Do you know why
685
00:34:09,648 --> 00:34:11,748
you were arrested
in this case?
686
00:34:11,750 --> 00:34:14,284
- They said that I, um--
687
00:34:14,286 --> 00:34:16,153
they said I tried
to rob somebody,
688
00:34:16,155 --> 00:34:19,923
then they told me that
I robbed somebody previously,
689
00:34:19,925 --> 00:34:21,858
one of those.
690
00:34:21,860 --> 00:34:22,926
- Did you rob somebody
691
00:34:22,928 --> 00:34:24,661
in the beginning part
of May, Mr. Browder?
692
00:34:24,663 --> 00:34:26,329
- No, no.
693
00:34:26,331 --> 00:34:29,766
- Okay, so you have no idea
why you were arrested.
694
00:34:29,768 --> 00:34:31,435
- No.
695
00:34:34,139 --> 00:34:37,340
[indistinct shouting, thud]
696
00:34:37,342 --> 00:34:40,377
- Do you recall what time you arrived at Central Booking?
697
00:34:40,379 --> 00:34:43,180
- About 6:30 a.m.
698
00:34:43,182 --> 00:34:45,882
- It was scary, just in Central Booking alone.
699
00:34:45,884 --> 00:34:50,754
It was older guys, and I see people making threats.
700
00:34:50,756 --> 00:34:53,256
- Did you have an attorney with you?
701
00:34:53,258 --> 00:34:56,660
- I had Legal Aid. - Your mama's not here, boy!
702
00:34:56,662 --> 00:34:58,361
- Kalief's defense attorney at the time,
703
00:34:58,363 --> 00:35:00,630
I think, could've been
more adamant
704
00:35:00,632 --> 00:35:02,999
in his representation
and more vigorous.
705
00:35:03,001 --> 00:35:06,269
- Um, yeah, I mean...
706
00:35:11,110 --> 00:35:12,676
- That public defender--
707
00:35:12,678 --> 00:35:15,512
he's not judged
on his acquittal rate.
708
00:35:15,514 --> 00:35:18,715
He's judged on how many cases
he can get off his desk.
709
00:35:18,717 --> 00:35:21,551
- Public defenders are some of the best people in the world,
710
00:35:21,553 --> 00:35:24,988
but they're given caseloads
that would destroy
711
00:35:24,990 --> 00:35:29,926
a small law firm,
and they're just one person.
712
00:35:29,928 --> 00:35:32,829
- Did you eventually get brought before a judge?
713
00:35:32,831 --> 00:35:34,698
- Yes. - This is the kind of case
714
00:35:34,700 --> 00:35:36,600
where you want to really work the arraignment
715
00:35:36,602 --> 00:35:38,902
and see if you can get the lowest bail or maybe no bail.
716
00:35:38,904 --> 00:35:41,471
If this judge sets
a substantial bail,
717
00:35:41,473 --> 00:35:43,340
he's never getting out
on the case.
718
00:35:43,342 --> 00:35:45,709
If this judge sets no bail,
he's out.
719
00:35:45,711 --> 00:35:47,911
So just let him go, get him out of there,
720
00:35:47,913 --> 00:35:50,213
because something's gonna happen to him.
721
00:35:50,215 --> 00:35:52,949
[gavel bangs]
722
00:35:52,951 --> 00:35:55,252
- Was bail set? - Yes.
723
00:35:55,254 --> 00:35:58,855
- How much was the bail? - $3,000.
724
00:35:58,857 --> 00:36:02,392
- The first thing you could say
is just the significance
725
00:36:02,394 --> 00:36:04,594
of a little bit of money.
726
00:36:04,596 --> 00:36:07,497
The majority of people who are accused in the Bronx--
727
00:36:07,499 --> 00:36:09,966
it doesn't matter if it's a $1 million bail
728
00:36:09,968 --> 00:36:13,670
or $750 bail.
729
00:36:13,672 --> 00:36:17,641
They just don't have
the means to get out.
730
00:36:17,643 --> 00:36:22,546
- Bail was set at $3,000, but the bond was $900.
731
00:36:22,548 --> 00:36:26,783
Sounds like a small amount, but when you don't have it,
732
00:36:26,785 --> 00:36:28,185
you don't have it.
733
00:36:28,187 --> 00:36:30,587
And I did not have it.
734
00:36:30,589 --> 00:36:33,056
[cries softly]
735
00:36:33,058 --> 00:36:35,392
And I couldn't do anything.
736
00:36:35,394 --> 00:36:38,528
This was my child.
They took my child from me--
737
00:36:38,530 --> 00:36:41,598
just snatched him
off the street.
738
00:36:49,107 --> 00:36:51,174
- Let's continue.
This was my child.
They took my child from me--
739
00:36:51,176 --> 00:36:52,609
When you were brought before a judge,
740
00:36:52,611 --> 00:36:56,279
did you learn what charges you were facing?
741
00:36:56,281 --> 00:36:58,782
- Robbery, robbery in the second degree.
742
00:36:58,784 --> 00:37:02,419
- Was bail set? - Yes.
743
00:37:02,421 --> 00:37:05,755
- Do we really think that $3,000
744
00:37:05,757 --> 00:37:06,923
was gonna make the difference
745
00:37:06,925 --> 00:37:10,026
between whether he came back
to court or not?
746
00:37:10,028 --> 00:37:12,796
[dramatic music]
747
00:37:12,798 --> 00:37:15,465
- A lot of people just go to the ATM.
748
00:37:15,467 --> 00:37:17,300
But we're sitting in the poorest
congressional district
749
00:37:17,302 --> 00:37:18,568
in the country.
750
00:37:18,570 --> 00:37:21,304
85% to 90% of people can't make bail
751
00:37:21,306 --> 00:37:22,606
right out of arraignment.
752
00:37:22,608 --> 00:37:25,141
- From what I know,
you know, my mom told me
753
00:37:25,143 --> 00:37:28,011
she didn't have the money,
and it was true.
754
00:37:28,013 --> 00:37:29,646
She didn't have the money.
755
00:37:29,648 --> 00:37:31,915
It was a lot for my mom.
756
00:37:31,917 --> 00:37:33,149
- When you don't make bail,
757
00:37:33,151 --> 00:37:35,252
then you would go to a bail bondsman.
758
00:37:35,254 --> 00:37:37,254
- Hi, how may I help you?
759
00:37:37,256 --> 00:37:40,357
- Bondsmen are for-profit companies.
760
00:37:40,359 --> 00:37:42,726
- We help work with the families
with some type of collateral.
761
00:37:42,728 --> 00:37:44,160
It doesn't always have
to be cash.
762
00:37:44,162 --> 00:37:48,898
- We take jewelry.
We take 401(k), life insurances.
763
00:37:48,900 --> 00:37:53,370
- Furs, cars, houses,
things like that.
764
00:37:53,372 --> 00:37:55,305
- You say, "Well, jeez, that seems bizarre."
765
00:37:55,307 --> 00:37:56,640
What they're being punished for
766
00:37:56,642 --> 00:37:59,776
is that they don't have
enough money to make bail.
767
00:37:59,778 --> 00:38:02,045
That's their crime.
768
00:38:02,047 --> 00:38:03,780
- Our court system isn't saying
769
00:38:03,782 --> 00:38:07,951
they can't be released to society.
770
00:38:07,953 --> 00:38:09,819
Our court system is saying
771
00:38:09,821 --> 00:38:11,755
they have to cough up
some cash first.
772
00:38:15,360 --> 00:38:18,895
- Our family-- we didn't have money like that.
773
00:38:18,897 --> 00:38:23,566
My father just recently left,
you know, my mom.
774
00:38:23,568 --> 00:38:26,836
My mom depended on him.
775
00:38:26,838 --> 00:38:30,707
She had to rely on whatever he could give her.
776
00:38:30,709 --> 00:38:32,909
She had no food in the house.
777
00:38:32,911 --> 00:38:36,846
- Ma, you need help?
- No, I got it.
778
00:38:36,848 --> 00:38:39,449
- You cool?
- Yeah.
779
00:38:44,289 --> 00:38:48,391
- She couldn't work because
she has heart problems.
780
00:38:48,393 --> 00:38:51,394
- I had my first heart attack in 2000.
781
00:38:51,396 --> 00:38:56,166
And then in 2007, I had my second heart attack.
782
00:38:56,168 --> 00:38:58,835
That's the one that did me in.
783
00:38:58,837 --> 00:39:01,738
Part of my heart's dead.
It's gone.
784
00:39:01,740 --> 00:39:05,542
It only pumps 25%,
and the medicine I take
785
00:39:05,544 --> 00:39:08,611
is not to make me get better.
786
00:39:08,613 --> 00:39:10,413
It's just to keep me going.
787
00:39:10,415 --> 00:39:12,415
♪ ♪
788
00:39:12,417 --> 00:39:17,220
- It was hard. It was really, really hard.
789
00:39:17,222 --> 00:39:19,522
- Is your father currently employed?
790
00:39:19,524 --> 00:39:20,990
- He's retired.
791
00:39:20,992 --> 00:39:24,527
- As far as the job he had, do you know what he did?
792
00:39:24,529 --> 00:39:26,896
- He worked for the MTA.
793
00:39:26,898 --> 00:39:29,165
- My father used to work all the time.
794
00:39:37,309 --> 00:39:38,875
- He could've.
795
00:39:42,080 --> 00:39:44,247
He could've.
796
00:39:46,718 --> 00:39:48,785
- He had already made up his mind,
797
00:39:48,787 --> 00:39:52,522
"Oh, if Kalief is in Rikers, something is wrong."
798
00:39:52,524 --> 00:39:57,260
He just kept saying it--
"Oh, no, he's bad, he's bad."
799
00:39:57,262 --> 00:40:00,964
♪ ♪
800
00:40:00,966 --> 00:40:04,000
The only thing we could think of was to ask our neighbor
801
00:40:04,002 --> 00:40:06,469
that used to live across the street.
802
00:40:06,471 --> 00:40:09,105
And he gave us the money.
803
00:40:09,107 --> 00:40:13,943
We went to bail bonds on 161st Street.
804
00:40:13,945 --> 00:40:15,245
♪ ♪
805
00:40:15,247 --> 00:40:19,215
And the guy was doing the paperwork.
806
00:40:19,217 --> 00:40:20,850
He accepted the money,
807
00:40:20,852 --> 00:40:23,787
and then he's typing stuff
in the computer,
808
00:40:23,789 --> 00:40:26,890
and then he said,
"Oh, bail is denied."
809
00:40:29,060 --> 00:40:31,261
So I'm like, "What are you talking about?"
810
00:40:31,263 --> 00:40:35,832
And that's when he said,
"Because he violated probation."
811
00:40:35,834 --> 00:40:39,068
- He was sentenced to probation for riding in a bakery truck
812
00:40:39,070 --> 00:40:40,937
with another friend of his.
813
00:40:40,939 --> 00:40:42,472
- He was on felony probation.
814
00:40:42,474 --> 00:40:45,375
He violated the probation by getting rearrested.
815
00:40:45,377 --> 00:40:47,911
He might've been
an innocent guy,
816
00:40:47,913 --> 00:40:51,014
but that's not something
that's magically determined
817
00:40:51,016 --> 00:40:53,650
by, you know,
some force of nature.
818
00:40:53,652 --> 00:40:56,252
I mean, that has to
play itself out.
819
00:40:57,789 --> 00:40:59,189
- The Department of Probation can say,
820
00:40:59,191 --> 00:41:01,558
"We're gonna put a hold on you,"
821
00:41:01,560 --> 00:41:04,761
meaning you can't leave jail
until this case is resolved,
822
00:41:04,763 --> 00:41:06,529
and that's what they did here.
823
00:41:06,531 --> 00:41:08,665
♪ ♪
824
00:41:08,667 --> 00:41:12,302
- In New York State, for a 16- or 17- or 18-year-old,
825
00:41:12,304 --> 00:41:13,670
they are treated like an adult.
826
00:41:13,672 --> 00:41:14,838
They are charged like an adult.
827
00:41:14,840 --> 00:41:16,239
They are sentenced
like an adult.
828
00:41:16,241 --> 00:41:18,842
They are sent to Rikers Island
like an adult.
829
00:41:18,844 --> 00:41:25,215
♪ ♪
830
00:41:25,217 --> 00:41:30,086
- Kalief was imprisoned at Rikers Island.
831
00:41:30,088 --> 00:41:33,623
It's isolated. It's away from our view.
832
00:41:33,625 --> 00:41:35,358
Some people have called it
833
00:41:35,360 --> 00:41:39,529
New York's own tiny
little Guantanamo Bay.
834
00:41:39,531 --> 00:41:44,367
- Officers and inmates at risk on Rikers Island.
835
00:41:44,369 --> 00:41:49,172
- This stuff breaks grown men,
let alone a young guy.
836
00:41:49,174 --> 00:41:51,207
- The only way you're gonna come home to your family
837
00:41:51,209 --> 00:41:53,109
is to plead guilty, whether or not you did it.
838
00:41:53,111 --> 00:41:55,011
And anybody who thinks that you won't plead guilty
839
00:41:55,013 --> 00:41:57,180
to get off Rikers Island has not been to Rikers Island.
840
00:41:57,182 --> 00:41:59,916
You would plead guilty
to anything to get off
841
00:41:59,918 --> 00:42:02,752
something that violent and that frightening.
842
00:42:02,754 --> 00:42:04,120
- I didn't do it-- you're not gonna make me say
843
00:42:04,122 --> 00:42:06,222
I did something just so I can go home.
844
00:42:06,224 --> 00:42:08,057
If I got to stay in here just to prove
845
00:42:08,059 --> 00:42:11,261
that I'm innocent, then so be it.
846
00:42:11,263 --> 00:42:13,963
- I feel sorry for adolescents coming to the prison system
847
00:42:13,965 --> 00:42:15,899
because I know they gonna
get violated.
848
00:42:15,901 --> 00:42:18,301
♪ ♪
849
00:42:18,303 --> 00:42:20,737
[indistinct shouting]
850
00:42:20,739 --> 00:42:23,406
- It's hell on Earth.
851
00:42:25,443 --> 00:42:28,378
[shouting, pounding]
79052
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