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These are the user uploaded subtitles that are being translated: 1 00:00:09,010 --> 00:00:13,245 all: ♪ Happy birthday, dear Kalief ♪ 2 00:00:13,247 --> 00:00:14,813 - Hi - Hey, how yng doi? 3 00:00:17,885 --> 00:00:19,618 - Good evening. - Good evening. 4 00:00:19,620 --> 00:00:24,256 - Um, today is May 15, 2010. 5 00:00:24,258 --> 00:00:29,061 The time is now about 7:47 in the evening. 6 00:00:29,063 --> 00:00:32,297 - I just needed to get my story out. 7 00:00:32,299 --> 00:00:33,932 - And you are Mr. Kalief Browder. 8 00:00:33,934 --> 00:00:36,001 Is that correct? - Yes. 9 00:00:36,003 --> 00:00:38,270 I was just going home from a party. 10 00:00:38,272 --> 00:00:40,539 - 911 operator 1719, what's the emergency? 11 00:00:45,946 --> 00:00:48,414 There was a guy saying that I had robbed him. 12 00:00:48,416 --> 00:00:50,382 [indistinct police radio chatter] 13 00:00:53,354 --> 00:00:56,021 They said, "We're gonna take you to the precinct." 14 00:00:56,023 --> 00:00:57,122 - Did you rob somebody 15 00:00:57,124 --> 00:00:58,791 in the beginning part of May, Mr. Crowder? 16 00:00:58,793 --> 00:01:01,026 - No. No. 17 00:01:01,028 --> 00:01:03,729 - The time is now 10 to 8:00. 18 00:01:03,731 --> 00:01:06,865 This interview is concluded. 19 00:01:06,867 --> 00:01:09,435 - They said, "Most likely, we're gonna let you go home." 20 00:01:09,437 --> 00:01:10,836 - Rikers... 21 00:01:10,838 --> 00:01:12,271 - One of the most violent jails in the country. 22 00:01:12,273 --> 00:01:14,440 - All right, all right! - Look what he's doing! 23 00:01:14,442 --> 00:01:16,041 - Stop! We missed it! 24 00:01:16,043 --> 00:01:17,376 - But then... [buzzer blares] 25 00:01:17,378 --> 00:01:18,844 - The [bleep] is wrong with you, man? 26 00:01:18,846 --> 00:01:21,046 - Time-out. - I never went home. 27 00:01:25,186 --> 00:01:28,320 - Kalief was my son. 28 00:01:28,322 --> 00:01:31,390 I know what he went through. 29 00:01:33,027 --> 00:01:35,627 [buzzer blares] 30 00:01:35,629 --> 00:01:38,497 I went through a lot with him. 31 00:01:38,499 --> 00:01:39,965 - I felt like I was done wrong. 32 00:01:39,967 --> 00:01:42,534 I felt like something needed to be done about this. 33 00:01:42,536 --> 00:01:44,136 [indistinct yelling] 34 00:01:45,539 --> 00:01:47,005 If I just say that I did it, 35 00:01:47,007 --> 00:01:48,273 nothing's gonna be done about it. 36 00:01:48,275 --> 00:01:49,908 I didn't do it. No justice is served. 37 00:01:49,910 --> 00:01:54,012 Nobody hears nothing at all. I had to fight. 38 00:01:54,014 --> 00:01:57,216 [dramatic music] 39 00:01:57,218 --> 00:01:59,985 You want me to walk away like it's okay? 40 00:01:59,987 --> 00:02:01,420 It's not okay. 41 00:02:01,422 --> 00:02:03,755 ♪ ♪ 42 00:02:03,757 --> 00:02:06,492 I lost my childhood. 43 00:02:06,494 --> 00:02:09,261 I lost my happiness. 44 00:02:09,263 --> 00:02:12,531 - They destroyed my life, my family's life. 45 00:02:12,533 --> 00:02:15,234 - What's his name? all: Kalief Browder! 46 00:02:15,236 --> 00:02:17,436 - 911 emergency. - Oh, my God! 47 00:02:17,438 --> 00:02:19,004 - Ma'am? - This is supposed to be 48 00:02:19,006 --> 00:02:21,273 the greatest city in the world. 49 00:02:21,275 --> 00:02:25,644 And we are supposed to trust in this justice system. 50 00:02:25,646 --> 00:02:27,446 Where's the justice? 51 00:02:35,055 --> 00:02:41,994 ♪ ♪ 52 00:03:09,590 --> 00:03:12,391 - Let's do it again. 53 00:03:12,393 --> 00:03:14,393 All right, tell me when this gets annoying, 54 00:03:14,395 --> 00:03:17,663 and I'll stop. - [laughs] 55 00:03:17,665 --> 00:03:19,765 - Sorry. 56 00:03:19,767 --> 00:03:21,366 - Yeah. [chuckles] It's all right. 57 00:03:21,368 --> 00:03:22,901 - Thank you. 58 00:03:22,903 --> 00:03:24,970 - I don't know I'm just nervous. I don't know. 59 00:03:24,972 --> 00:03:26,572 - How many times did I start over, right? 60 00:03:26,574 --> 00:03:29,007 I kept doing that, too. I was like, "Wait, time-out. 61 00:03:29,009 --> 00:03:30,075 I got to say it again." - [laughs] 62 00:03:30,077 --> 00:03:33,111 - He broke records. I'm kidding. 63 00:03:35,182 --> 00:03:36,615 - All right, um... 64 00:03:41,855 --> 00:03:44,690 In order-- 65 00:03:44,692 --> 00:03:46,458 I'm sorry, hold on. 66 00:03:46,460 --> 00:03:48,427 I'll just let them go by. It's just personal for me. 67 00:03:48,429 --> 00:03:49,861 - Yeah. 68 00:04:04,111 --> 00:04:07,145 - In jail as a 16-year-old high-school sophomore, 69 00:04:07,147 --> 00:04:11,149 now more than three years later, this young man is free. 70 00:04:11,151 --> 00:04:13,385 - He may be physically free-- - Criminal charges-- 71 00:04:13,387 --> 00:04:14,786 - Kalief Browder... - Kalief Browder... 72 00:04:14,788 --> 00:04:16,555 - Kalief Browder... - Kalief Browder... 73 00:04:16,557 --> 00:04:18,724 - Was arrested at 16... - For stealing a backpack. 74 00:04:18,726 --> 00:04:20,058 - A backpack. - Backpack. 75 00:04:20,060 --> 00:04:21,893 - In jail on Rikers... - Solitary... 76 00:04:21,895 --> 00:04:23,795 - Solitary confinement. - Torture. 77 00:04:23,797 --> 00:04:25,497 - Torture. - Torture. 78 00:04:25,499 --> 00:04:27,232 - He did three years on Rikers Island, 79 00:04:27,234 --> 00:04:30,168 trapped there, without having been convicted of a crime. 80 00:04:30,170 --> 00:04:32,771 - This video was obtained by the "New Yorker Magazine." 81 00:04:32,773 --> 00:04:34,673 - It caused a lot of people to act. 82 00:04:34,675 --> 00:04:35,874 - President Obama banned 83 00:04:35,876 --> 00:04:38,110 solitary confinement for juveniles. 84 00:04:38,112 --> 00:04:40,479 Obama cites Kalief Browder in New York City. 85 00:04:40,481 --> 00:04:42,447 - Republican Senator Rand Paul mentioned his name. 86 00:04:42,449 --> 00:04:43,849 - How are you? - Rosie O'Donnell 87 00:04:43,851 --> 00:04:46,084 had him on "The View." - You are really a hero. 88 00:04:46,086 --> 00:04:48,353 [applause] 89 00:04:48,355 --> 00:04:50,455 - And Jay Z met him... 90 00:04:50,457 --> 00:04:52,424 took a picture with him. 91 00:04:52,426 --> 00:04:55,594 - Kalief moved so many people. 92 00:04:55,596 --> 00:04:59,298 I just felt compelled to meet with him. 93 00:04:59,300 --> 00:05:01,333 I believe our prophets come 94 00:05:01,335 --> 00:05:04,536 in many shapes and forms. 95 00:05:04,538 --> 00:05:08,340 Sometimes our prophets come in the form of young, 96 00:05:08,342 --> 00:05:11,677 undeveloped energy that will teach all us grown-ups 97 00:05:11,679 --> 00:05:15,580 how to love better and have more compassion, 98 00:05:15,582 --> 00:05:19,451 and Kalief Browder was a prophet. 99 00:05:22,556 --> 00:05:24,356 ♪ ♪ 100 00:05:24,358 --> 00:05:26,725 - Now, more than three years later, 101 00:05:26,727 --> 00:05:28,427 this young man is free-- 102 00:05:28,429 --> 00:05:31,963 criminal charges completely dropped. 103 00:05:31,965 --> 00:05:34,232 - You know, I just came home. 104 00:05:34,234 --> 00:05:36,001 - Good morning to you. Here's what we've got, guys. 105 00:05:36,003 --> 00:05:37,969 Delays all the way back to the Bruckner Interchange. 106 00:05:37,971 --> 00:05:39,771 We got a couple of other incidents in the Bronx 107 00:05:39,773 --> 00:05:41,406 that we're gonna be looking at as well. 108 00:05:41,408 --> 00:05:44,543 - When I was 16, I mean, I liked to play sports. 109 00:05:44,545 --> 00:05:45,577 [crowd cheering] 110 00:05:45,579 --> 00:05:49,681 - Yankees win! The Yankees win! 111 00:05:49,683 --> 00:05:51,450 - I used to like to go to the park. 112 00:05:51,452 --> 00:05:54,386 - Rare sister cubs are at the Bronx Zoo, 113 00:05:54,388 --> 00:05:55,554 the Malayan tiger-- 114 00:05:55,556 --> 00:05:57,456 - I used to like to go to parties. 115 00:05:57,458 --> 00:06:00,425 - We're in the South Bronx, Hip-Hop Boulevard. 116 00:06:00,427 --> 00:06:02,494 It's an honor to the place that created hip-hop 117 00:06:02,496 --> 00:06:05,897 on August 11, 1973. 118 00:06:05,899 --> 00:06:09,701 - I can't even have fun right now. 119 00:06:09,703 --> 00:06:11,570 Coming home, I was very discouraged, 120 00:06:11,572 --> 00:06:13,472 and sometimes I'm still discouraged. 121 00:06:13,474 --> 00:06:17,075 I don't even think I can make it like these guys out here. 122 00:06:17,077 --> 00:06:19,778 I see businessmen and businesswomen 123 00:06:19,780 --> 00:06:21,079 dressed in suits. 124 00:06:21,081 --> 00:06:23,482 I want to be like them, you know? 125 00:06:23,484 --> 00:06:25,784 That's my-- that's just me. 126 00:06:25,786 --> 00:06:28,019 I want to be successful like them. 127 00:06:33,127 --> 00:06:35,594 Everything is just straight work and school 128 00:06:35,596 --> 00:06:37,729 and catching up on my life. 129 00:06:40,267 --> 00:06:43,168 Like, right now as we speak, I just-- 130 00:06:43,170 --> 00:06:45,570 from the stuff that I've been through prior, 131 00:06:45,572 --> 00:06:49,508 I just feel like I have a lot of just demons walking with me, 132 00:06:49,510 --> 00:06:52,644 and it's not from anything I did, 133 00:06:52,646 --> 00:06:54,379 but just stuff that I've seen and been through, 134 00:06:54,381 --> 00:06:56,715 and it's like-- it just won't leave me. 135 00:06:56,717 --> 00:06:58,383 [shouting] 136 00:07:02,890 --> 00:07:06,625 I can't go to sleep at night, you know, 137 00:07:06,627 --> 00:07:11,563 and every time I get time to myself, 138 00:07:11,565 --> 00:07:15,333 I think about those things, and it just stresses me out. 139 00:07:21,809 --> 00:07:24,142 [airplane passing overhead] 140 00:07:40,427 --> 00:07:44,896 - Physically, he'll be right in front of you. 141 00:07:44,898 --> 00:07:47,132 Mentally, he's not there. 142 00:07:49,536 --> 00:07:51,837 And, you know, I'm his mom. 143 00:07:51,839 --> 00:07:56,575 I could see when there's a difference, and he just-- 144 00:07:56,577 --> 00:07:59,444 It's like he's in and out. 145 00:08:14,428 --> 00:08:17,295 This is how he releases his anger. 146 00:08:20,367 --> 00:08:25,136 And when he thinks about Rikers, he gets really upset. 147 00:08:32,312 --> 00:08:36,882 The city knows what they've done. 148 00:08:36,884 --> 00:08:40,519 I'm just waiting for the day Kalief gets justice. 149 00:08:56,537 --> 00:09:00,038 - When Kalief came home, we went to 11 different attorneys, 150 00:09:00,040 --> 00:09:02,574 11 different attorneys that turned him down right away, 151 00:09:02,576 --> 00:09:04,609 said he had no case. 152 00:09:07,714 --> 00:09:11,349 This wasn't about getting him money. 153 00:09:11,351 --> 00:09:13,618 It was about getting him justice. 154 00:09:20,360 --> 00:09:22,093 - You know what? You mess with these kids 155 00:09:22,095 --> 00:09:24,329 who are in jail to try to compel a plea 156 00:09:24,331 --> 00:09:28,500 and ask for these bull[bleep], illusory adjournments, whatever. 157 00:09:28,502 --> 00:09:31,336 I know that. I was a DA. I did the same thing. 158 00:09:31,338 --> 00:09:35,340 - Paul had no doubt about the fact that he had a case. 159 00:09:35,342 --> 00:09:38,677 - So, basically, my whole argument is, 160 00:09:38,679 --> 00:09:41,813 this is an issue of the city of New York. 161 00:09:41,815 --> 00:09:44,716 - 911 Operator, 1719, what's the emergency? 162 00:09:44,718 --> 00:09:46,251 - All they had to do in this case 163 00:09:46,253 --> 00:09:47,586 was bring one victim forward. 164 00:09:47,588 --> 00:09:49,387 And the thing about this victim was, 165 00:09:49,389 --> 00:09:50,722 he had given different statements 166 00:09:50,724 --> 00:09:52,791 in the police paperwork about when this robbery 167 00:09:52,793 --> 00:09:54,826 actually happened. - 2:40 a.m.? 168 00:09:54,828 --> 00:09:56,261 - Yes. - I was home. 169 00:09:56,263 --> 00:09:58,330 - You were home, definitely? - I had to have been home. 170 00:09:58,332 --> 00:09:59,531 - Um... 171 00:09:59,533 --> 00:10:00,999 - The DA wasn't ready for trial. 172 00:10:01,001 --> 00:10:03,068 They didn't have a witness. The DA was on vacation. 173 00:10:03,070 --> 00:10:04,369 The DA's on another trial. 174 00:10:04,371 --> 00:10:07,038 It was excuse after excuse after excuse. 175 00:10:07,040 --> 00:10:08,840 [buzzer blares] He was in solitary 176 00:10:08,842 --> 00:10:11,409 as a teenager for 14 months in a row. 177 00:10:11,411 --> 00:10:13,445 They just kept him there. 178 00:10:13,447 --> 00:10:16,915 It was torture. 179 00:10:16,917 --> 00:10:18,850 To me, it just underscored 180 00:10:18,852 --> 00:10:22,153 the injustice in our system. 181 00:10:22,155 --> 00:10:23,755 [elevator bell dings] 182 00:10:36,370 --> 00:10:38,670 It was a long, slow process. 183 00:10:41,642 --> 00:10:44,609 Finally, the attorney for the city 184 00:10:44,611 --> 00:10:46,111 scheduled the first deposition. 185 00:10:51,585 --> 00:10:53,952 - Stand clear of the closing doors, please. 186 00:10:53,954 --> 00:10:55,353 - I explained to Kalief, 187 00:10:55,355 --> 00:10:58,156 "Look, deposition's an examination under oath. 188 00:10:58,158 --> 00:11:00,091 It's gonna be a lot of questions." 189 00:11:00,093 --> 00:11:02,761 He was nervous. He wasn't sure what to expect. 190 00:11:02,763 --> 00:11:04,396 - Good morning, Mr. Browder. 191 00:11:04,398 --> 00:11:07,165 - If you've never been in a deposition, 192 00:11:07,167 --> 00:11:11,836 Pray to God, "Thank you," and hope you never have to be. 193 00:11:11,838 --> 00:11:15,140 A deposition is this chess match 194 00:11:15,142 --> 00:11:17,642 between you and an opponent, 195 00:11:17,644 --> 00:11:19,778 that is the most mentally stressful thing. 196 00:11:19,780 --> 00:11:22,280 You are under oath. 197 00:11:22,282 --> 00:11:25,083 - Tell me about Rikers. 198 00:11:25,085 --> 00:11:27,285 - The correction officer slapped me on the floor. 199 00:11:27,287 --> 00:11:29,721 Every chance he got, he slammed my face into the wall. 200 00:11:29,723 --> 00:11:31,990 He used to starve me for days. 201 00:11:31,992 --> 00:11:33,491 I remember their faces. 202 00:11:37,197 --> 00:11:39,064 - You know, we want to make sure 203 00:11:39,066 --> 00:11:41,299 this information's accurate. 204 00:11:41,301 --> 00:11:44,202 - A deposition is not about addressing 205 00:11:44,204 --> 00:11:46,237 the issues that you raised. 206 00:11:46,239 --> 00:11:51,076 It's to discredit and destroy you if they can. 207 00:11:51,078 --> 00:11:52,844 - Have you ever heard of Children's Services? 208 00:11:52,846 --> 00:11:54,813 Were you ever screened of mental-health issues? 209 00:11:54,815 --> 00:11:56,214 What is going on with your mom? 210 00:11:56,216 --> 00:11:58,450 Kindergarten, detention, smoking marijuana-- 211 00:11:58,452 --> 00:12:00,852 Are you affiliated with any gang? 212 00:12:03,123 --> 00:12:04,422 - It's a farce to believe 213 00:12:04,424 --> 00:12:06,691 that when you sit someone at a deposition 214 00:12:06,693 --> 00:12:08,460 that you want the truth. 215 00:12:08,462 --> 00:12:11,396 You don't want the truth. 216 00:12:11,398 --> 00:12:14,399 - I think the truth is messy... 217 00:12:14,401 --> 00:12:18,169 because if he's right, you got to look at the police. 218 00:12:18,171 --> 00:12:19,370 - The 48th Precinct. 219 00:12:19,372 --> 00:12:20,905 - You got to look at the prosecutor. 220 00:12:20,907 --> 00:12:22,540 - The Bronx DA's office is refusing to say-- 221 00:12:22,542 --> 00:12:23,775 - Got to look at the court. 222 00:12:23,777 --> 00:12:25,143 - Hundreds waiting to see a judge... 223 00:12:25,145 --> 00:12:26,578 - You got to look at this jail system. 224 00:12:26,580 --> 00:12:27,879 - In jail on Rikers Island... 225 00:12:27,881 --> 00:12:29,581 - You got to look at solitary confinement. 226 00:12:29,583 --> 00:12:31,950 - Human rights groups consider it torture. 227 00:12:31,952 --> 00:12:35,420 ♪ ♪ 228 00:12:35,422 --> 00:12:38,089 - He's got to be wrong. 229 00:12:38,091 --> 00:12:41,893 Otherwise, what the [bleep] are we doing? 230 00:12:43,130 --> 00:12:45,797 [dramatic music] 231 00:12:45,799 --> 00:12:47,132 ♪ 232 00:12:47,134 --> 00:12:49,601 - In May of 2010, 16-year-old Kalief Browder 233 00:12:49,603 --> 00:12:51,302 was walking home from a party in the Bronx 234 00:12:51,304 --> 00:12:52,737 when he was stopped by the police 235 00:12:52,739 --> 00:12:55,039 for allegedly stealing a backpack. 236 00:12:55,041 --> 00:12:58,143 - I'm gonna advise you of your rights, okay? Yes? 237 00:12:58,145 --> 00:12:59,144 - All right. 238 00:12:59,146 --> 00:13:00,578 - Uh, you have the right to remain silent 239 00:13:00,580 --> 00:13:02,247 and refuse to answer any questions. 240 00:13:02,249 --> 00:13:04,382 Do you understand? - Yes. 241 00:13:04,384 --> 00:13:06,017 - With his family unable to make bail, 242 00:13:06,019 --> 00:13:08,486 he was hauled off to one of the toughest jails in the country-- 243 00:13:08,488 --> 00:13:10,088 Rikers Island. [shouting] 244 00:13:10,090 --> 00:13:12,123 - Stop resisting! 245 00:13:12,125 --> 00:13:13,925 - He would spend the next three years there, 246 00:13:13,927 --> 00:13:17,629 locked up for a crime he never committed. 247 00:13:17,631 --> 00:13:19,164 Kalief and his attorney Paul Prestia 248 00:13:19,166 --> 00:13:21,533 are here right now, demanding answers. 249 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, 252 00:13:26,973 --> 00:13:29,407 We hear about people who are abused by correctional officers. 253 00:13:29,409 --> 00:13:33,378 But it's rare to hear of all of them happening to one person. 254 00:13:33,380 --> 00:13:36,247 Right now, America is watching you. 255 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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