1 00:00:01,160 --> 00:00:02,970 NARRATOR: In the criminal justice system 2 00:00:03,030 --> 00:00:06,880 the people are represented by two separate yet equally important groups, 3 00:00:06,940 --> 00:00:08,780 the police who investigate crime 4 00:00:08,840 --> 00:00:11,650 and the district attorneys who prosecute the offenders. 5 00:00:11,710 --> 00:00:13,280 These are their stories. 6 00:00:14,480 --> 00:00:16,460 Mom, I need lunch money. 7 00:00:16,550 --> 00:00:17,890 I made you a sandwich. 8 00:00:17,950 --> 00:00:19,720 But I hate peanut butter. 9 00:00:19,820 --> 00:00:20,890 Since when? 10 00:00:20,950 --> 00:00:22,220 Since now. 11 00:00:27,120 --> 00:00:29,830 Here. Bring me some change. 12 00:00:30,860 --> 00:00:32,170 Now move. 13 00:00:34,500 --> 00:00:36,000 Mom! You're gonna be late 14 00:00:36,060 --> 00:00:37,240 for school again. 15 00:00:37,300 --> 00:00:39,040 There's a guy here. (SIGHING) 16 00:00:40,870 --> 00:00:42,210 I gotta get to work. 17 00:00:42,270 --> 00:00:43,580 A white guy. 18 00:00:44,010 --> 00:00:45,710 What does he want? 19 00:00:54,580 --> 00:00:56,790 Get inside. Now. 20 00:00:59,960 --> 00:01:01,830 What time did you get in last night? 21 00:01:01,890 --> 00:01:04,460 8:00. We were in till this morning. 22 00:01:04,530 --> 00:01:06,440 Did you see or hear anyone outside? 23 00:01:06,500 --> 00:01:10,140 No. Our bedrooms are in the back. I was asleep by 10:00. 24 00:01:10,200 --> 00:01:11,540 Did you get a look at the kid? 25 00:01:11,600 --> 00:01:14,210 Yeah. And he's not from around here. 26 00:01:14,870 --> 00:01:18,550 Okay. If you remember anything, give me a call. Thank you. 27 00:01:18,610 --> 00:01:19,950 Turn up any witnesses? 28 00:01:20,010 --> 00:01:21,420 Nothing yet. We're still canvassing. 29 00:01:21,480 --> 00:01:23,650 Any disturbance reports in the area last night? 30 00:01:23,710 --> 00:01:25,450 Some domestic disputes. 31 00:01:25,550 --> 00:01:28,490 And we had some locals throwing bottles at a squad car a few blocks up. 32 00:01:28,550 --> 00:01:30,030 Brought out a few units. 33 00:01:30,090 --> 00:01:32,160 We found blood on the stairs leading down here. 34 00:01:32,220 --> 00:01:34,220 Maybe he was looking for help. 35 00:01:34,660 --> 00:01:37,070 Blunt force trauma to the back of his head. 36 00:01:37,390 --> 00:01:38,670 No wallet. 37 00:01:39,090 --> 00:01:41,940 Seventy cents and some car keys. Toyota. 38 00:01:42,030 --> 00:01:43,740 We're gonna need plate numbers on any Toyotas 39 00:01:43,800 --> 00:01:44,870 in the area. Okay. 40 00:01:44,930 --> 00:01:47,610 Kid was smoking reefer I smelled it on his clothes. 41 00:01:47,670 --> 00:01:49,310 ED: Maybe he was out partying. 42 00:01:49,370 --> 00:01:51,610 Yeah. There's a drug message for ya. 43 00:01:54,440 --> 00:01:55,620 (CAMERA SNAPPING) 44 00:02:43,390 --> 00:02:45,340 Kid was 16,17. 45 00:02:45,390 --> 00:02:47,240 Bled to death from a blow to the head. 46 00:02:47,300 --> 00:02:48,540 From what? M.E. says 47 00:02:48,600 --> 00:02:50,340 probably a curb or a step. 48 00:02:50,430 --> 00:02:52,970 His shoulder was dislocated and he had defensive injuries 49 00:02:53,040 --> 00:02:54,410 on his hands and forearms. 50 00:02:54,500 --> 00:02:55,640 Kid was outmatched. 51 00:02:55,700 --> 00:02:57,310 Time of death, 11:00 to midnight. 52 00:02:57,370 --> 00:02:59,080 Did they run a tox screen? 53 00:02:59,140 --> 00:03:01,520 Yeah, it came up a strong positive for marijuana. 54 00:03:01,580 --> 00:03:03,060 We ran his prints. No hit. 55 00:03:03,110 --> 00:03:04,720 Nothing at missing persons either. 56 00:03:04,780 --> 00:03:06,120 We've got LaMotte calling all boroughs 57 00:03:06,180 --> 00:03:07,630 to see if there were any calls last night. 58 00:03:07,680 --> 00:03:09,360 Did you get a read on his clothes? 59 00:03:09,420 --> 00:03:13,090 Gap polo shirt. Banana Republic sweater. Suede jacket. 60 00:03:13,290 --> 00:03:16,170 Clean-cut white kid up in Harlem, scoring reefer. 61 00:03:16,220 --> 00:03:19,070 Visiting friends, going to a poetry slam at the sugar shack. 62 00:03:19,160 --> 00:03:22,170 Whatever. He was in over his head in the wrong place. 63 00:03:22,230 --> 00:03:25,470 Call went to the 36 after midnight. Michael Tobin. 64 00:03:25,530 --> 00:03:28,010 Seventeen-year-old boy didn't come home. 65 00:03:31,110 --> 00:03:34,550 Michael went to move the car. Alternate side parking. 66 00:03:35,340 --> 00:03:38,220 I usually do it, but he just got his license. 67 00:03:38,280 --> 00:03:39,620 What time did he leave? 68 00:03:39,680 --> 00:03:41,160 (SIGHING) 10:30. 69 00:03:41,480 --> 00:03:44,190 After an hour, I got worried and went out to look for him. 70 00:03:44,250 --> 00:03:46,730 I found the car parked a couple of blocks up from where I'd left it. 71 00:03:46,790 --> 00:03:48,960 Michael left his wallet and cell phone in his room. 72 00:03:49,020 --> 00:03:50,770 You can have 'em if they'll help you find him. 73 00:03:50,830 --> 00:03:52,360 Well, actually, uh... 74 00:03:53,100 --> 00:03:56,700 A young man was killed in Harlem last night. 75 00:04:01,970 --> 00:04:03,280 Oh, God. 76 00:04:04,410 --> 00:04:05,850 It's Michael. 77 00:04:06,170 --> 00:04:08,520 (SOBBING) Oh, no! Where is he? 78 00:04:09,910 --> 00:04:11,980 BRISCOE: He's down at the morgue. 79 00:04:13,680 --> 00:04:15,720 Harlem? What was he doing in Harlem? 80 00:04:15,780 --> 00:04:18,090 We were hoping you could tell us. 81 00:04:18,150 --> 00:04:19,560 Did he know anyone in that area? 82 00:04:19,620 --> 00:04:22,230 He wouldn't go there. It's dangerous. 83 00:04:22,290 --> 00:04:23,670 (ANNETTE CRYING LOUDLY) 84 00:04:23,730 --> 00:04:26,900 The medical examiner found marijuana in his system. 85 00:04:27,160 --> 00:04:29,510 Michael went to a party last weekend. 86 00:04:29,560 --> 00:04:32,770 He said we smoked when we were kids, why couldn't he? 87 00:04:35,440 --> 00:04:38,010 It's from this morning. Parked near a hydrant. 88 00:04:38,410 --> 00:04:40,110 I didn't think to move it. 89 00:04:40,180 --> 00:04:42,250 Have you got an extra set of keys? 90 00:04:43,910 --> 00:04:45,150 Thanks. 91 00:04:45,280 --> 00:04:46,550 (BEEPING) 92 00:04:49,950 --> 00:04:51,520 No sign of a struggle. 93 00:04:51,590 --> 00:04:53,330 Listen, secure the area 94 00:04:53,390 --> 00:04:55,560 and get CSU over here. Right away. 95 00:04:55,620 --> 00:04:57,630 Mr. Tobin, we're gonna have to impound the car. 96 00:04:57,690 --> 00:04:59,670 We need to go over it for evidence. 97 00:04:59,730 --> 00:05:02,500 Take it. I'd like to get back to my wife. 98 00:05:02,560 --> 00:05:04,100 Sure. Go ahead. 99 00:05:05,800 --> 00:05:07,510 I don't remember seeing him last night. 100 00:05:07,600 --> 00:05:09,780 What about a black Toyota 4Runner? 101 00:05:09,840 --> 00:05:11,750 No. Where'd he live? 102 00:05:11,870 --> 00:05:13,380 656 West End. 103 00:05:13,440 --> 00:05:16,290 Last time anybody saw him he was leaving his building around 10.30. 104 00:05:16,380 --> 00:05:19,290 We saw two male blacks hanging out on that block around then. 105 00:05:19,350 --> 00:05:21,520 We circled a few times, let 'em know we were on 'em. 106 00:05:21,580 --> 00:05:22,760 ED: What do you mean, "hanging out"? 107 00:05:22,820 --> 00:05:24,090 You know, standing around. 108 00:05:24,150 --> 00:05:25,720 What'd they look like? 109 00:05:25,790 --> 00:05:29,760 Average height. Late teens, early 20s. Dark clothes. 110 00:05:30,060 --> 00:05:31,330 That the best you can do? 111 00:05:31,390 --> 00:05:35,240 Yeah. Hey, we don't make detailed notes on every Tom, Dick and Harry. 112 00:05:35,330 --> 00:05:36,900 They weren't bothering anybody. 113 00:05:36,970 --> 00:05:38,950 Then why'd you notice them at all? 114 00:05:39,270 --> 00:05:40,800 'Cause we get paid to. 115 00:05:40,870 --> 00:05:42,350 (DISTANT SIRENS) 116 00:05:42,800 --> 00:05:44,220 We got roll call. 117 00:05:44,270 --> 00:05:45,620 BRISCOE: Thanks. 118 00:05:45,810 --> 00:05:48,340 Two kids hanging around Tobin's building at 10:30. 119 00:05:48,410 --> 00:05:51,150 Yeah. Waiting for the calculus assignment. 120 00:05:51,210 --> 00:05:53,220 Doesn't sound like anybody at school. 121 00:05:53,320 --> 00:05:55,920 And Michael would've told me if he was hanging out with guys like that. 122 00:05:55,980 --> 00:05:57,120 Guys like what? 123 00:05:57,190 --> 00:05:59,860 You know, the brothers. I don't mean any disrespect. 124 00:05:59,920 --> 00:06:02,400 None taken. Where'd he get the stuff he was smoking? 125 00:06:04,490 --> 00:06:06,470 Do you want to help us or not? 126 00:06:06,530 --> 00:06:07,940 What's that got to do with anything? 127 00:06:08,000 --> 00:06:09,980 Maybe the guys outside were his connection. 128 00:06:10,030 --> 00:06:11,740 I don't think so. Why not? 129 00:06:12,800 --> 00:06:15,870 Look, Brad, we're not looking to make a drug bust. 130 00:06:15,940 --> 00:06:17,580 Nobody will get in trouble? 131 00:06:17,640 --> 00:06:19,780 ED: Why, you his connection? 132 00:06:19,840 --> 00:06:21,320 Well, yeah. 133 00:06:22,140 --> 00:06:23,520 (SCHOOL BELL RINGING) 134 00:06:23,580 --> 00:06:25,250 Can you think of anyone who'd want to hurt him? 135 00:06:26,450 --> 00:06:28,620 It didn't have to be anyone he knew. 136 00:06:28,680 --> 00:06:31,660 Mike had a knack for pissing people off. 137 00:06:31,720 --> 00:06:33,760 He never knew when to back down. 138 00:06:33,820 --> 00:06:35,270 He know anybody in Harlem? 139 00:06:35,760 --> 00:06:38,290 There's this girl at our school. Allie. 140 00:06:41,600 --> 00:06:43,600 ALLIE: Michael and I were lab partners. 141 00:06:43,900 --> 00:06:46,400 BRISCOE: Was he coming to see you last night? 142 00:06:47,370 --> 00:06:49,140 I... I don't know. 143 00:06:49,870 --> 00:06:52,110 "I don't know," is not going to help the detectives, Allie. 144 00:06:52,310 --> 00:06:54,220 The boy was killed four blocks away. 145 00:06:54,280 --> 00:06:55,650 Had he been here before? 146 00:06:58,380 --> 00:06:59,480 No. 147 00:07:00,480 --> 00:07:01,690 Uh... (CLEARING THROAT) Mr. Johnson, 148 00:07:01,750 --> 00:07:04,060 if it's not too much trouble, could I get a glass of water? 149 00:07:04,720 --> 00:07:05,890 Sure. 150 00:07:15,460 --> 00:07:17,700 So, you and Michael were good friends? 151 00:07:19,330 --> 00:07:20,540 Uh-huh. 152 00:07:21,470 --> 00:07:22,910 Was he your boyfriend? 153 00:07:27,110 --> 00:07:28,780 I never told my father about my girlfriends. 154 00:07:28,840 --> 00:07:30,480 I always thought it was none of his business. 155 00:07:30,550 --> 00:07:33,080 If that's the way you want it, we can respect that. 156 00:07:36,280 --> 00:07:38,490 He came here a couple of times 157 00:07:38,950 --> 00:07:40,400 when my father wasn't home. 158 00:07:40,890 --> 00:07:42,660 Was he coming to see you last night? 159 00:07:42,720 --> 00:07:44,470 No. Really. 160 00:07:44,930 --> 00:07:46,270 (DOOR OPENING) 161 00:07:47,800 --> 00:07:49,780 When was the last time you spoke to Michael? 162 00:07:49,830 --> 00:07:52,640 ALLIE: (CLEARING THROAT) In school yesterday. 163 00:07:52,700 --> 00:07:54,150 ED: Phone calls? 164 00:07:54,200 --> 00:07:55,310 ALLIE: No. 165 00:07:55,370 --> 00:07:57,410 I think he might've called here. 166 00:07:57,470 --> 00:07:59,010 ED: What makes you say that? 167 00:07:59,110 --> 00:08:02,090 I was on the phone with my sister in Baltimore when a call beeped through. 168 00:08:02,140 --> 00:08:04,490 At first I thought it was for Allie's brother. 169 00:08:04,550 --> 00:08:06,530 But the boy asked for Allie. 170 00:08:06,580 --> 00:08:08,620 He said he was a friend from school. 171 00:08:08,680 --> 00:08:10,130 What time was this? 172 00:08:10,190 --> 00:08:11,490 A little after 11:00. 173 00:08:11,650 --> 00:08:14,960 I think he was calling from out on the street. I heard a bus going by. 174 00:08:15,020 --> 00:08:17,370 I asked him to call back in 15 minutes. 175 00:08:17,430 --> 00:08:18,560 Did he? 176 00:08:22,330 --> 00:08:25,330 If he was going to visit his girlfriend, I don't think she knew he was coming. 177 00:08:25,400 --> 00:08:27,380 So, any theories on how he got up there? 178 00:08:27,440 --> 00:08:29,510 Well, we came up empty on the cab companies, 179 00:08:29,570 --> 00:08:33,110 and the token clerks on the Broadway local didn't notice him on either end. 180 00:08:33,170 --> 00:08:36,310 A hippopotamus could buy a MetroCard, and they wouldn't notice it. 181 00:08:36,440 --> 00:08:40,220 Now, the one train stops at 137th, a block from her house. 182 00:08:40,520 --> 00:08:42,290 Why would he be at 140th? 183 00:08:42,350 --> 00:08:44,590 Pay phone IUDs from the area of the murder. 184 00:08:44,650 --> 00:08:47,570 The call went to the Johnson apartment at 11:19 185 00:08:47,620 --> 00:08:51,500 from the corner of 141st and Broadway. Five blocks from her place. 186 00:08:51,590 --> 00:08:54,700 A block from where he was found. He was walking toward her house. 187 00:08:55,160 --> 00:08:58,110 Check any place that might've been open at that hour. 188 00:08:59,930 --> 00:09:01,170 He wasn't here. 189 00:09:01,240 --> 00:09:03,380 Maybe one of your customers saw him on the way out. 190 00:09:03,440 --> 00:09:04,970 We'll need your credit card receipts. 191 00:09:05,040 --> 00:09:06,420 It's cash only. 192 00:09:07,080 --> 00:09:09,280 I heard on the news he went to Windsor Academy. 193 00:09:09,340 --> 00:09:10,550 Yeah. 194 00:09:11,250 --> 00:09:13,280 There's a girl that comes with her brother sometimes. 195 00:09:13,350 --> 00:09:14,550 She told me she goes to school there. 196 00:09:14,620 --> 00:09:16,100 Did she tell you her name? 197 00:09:16,150 --> 00:09:18,830 Allie, I think. She's nice looking. 198 00:09:18,890 --> 00:09:21,770 Tried to ask her out once. Bad move. 199 00:09:21,990 --> 00:09:23,490 Why, she turn you down? 200 00:09:23,560 --> 00:09:24,830 She didn't even get a chance to. 201 00:09:24,890 --> 00:09:28,200 Her brother got all bent out of shape. Pulled a John Rocker on me. 202 00:09:28,260 --> 00:09:29,610 BRISCOE: How's that? 203 00:09:30,270 --> 00:09:33,510 He said his sister's not going out with some taco boy. 204 00:09:34,870 --> 00:09:37,210 I called him taco boy to make my point stick. 205 00:09:37,310 --> 00:09:39,110 Did you know Michael Tobin? No. 206 00:09:39,170 --> 00:09:40,920 Come on, man. He was your sister's boyfriend. 207 00:09:40,980 --> 00:09:44,550 I didn't even know she had a boyfriend. Allie's not allowed to see boys yet. 208 00:09:44,610 --> 00:09:45,820 BRISCOE: And whose rule is that? 209 00:09:45,880 --> 00:09:48,590 My father and I work hard so Allie can make something of herself. 210 00:09:48,650 --> 00:09:50,560 So you'd have a problem with her seeing anybody. 211 00:09:50,620 --> 00:09:53,790 This is stupid. Two nights ago, I was here doing inventory. 212 00:09:53,860 --> 00:09:55,530 BRISCOE: Till when? Midnight. 213 00:09:55,590 --> 00:09:57,760 Look, I got customers waiting. Okay? 214 00:10:05,230 --> 00:10:06,410 You still here? 215 00:10:06,500 --> 00:10:08,570 Need to ask you a few questions, if you have the time. 216 00:10:08,640 --> 00:10:11,120 Mmm-hmm. Got as long as this cigarette lasts. 217 00:10:11,170 --> 00:10:13,480 You were here on Tuesday night? 218 00:10:13,540 --> 00:10:16,550 All of us were. The boss had us doing inventory. 219 00:10:16,610 --> 00:10:18,280 What time did everybody leave? 220 00:10:18,350 --> 00:10:22,730 Well, let me see. Clarence and me stayed till 10:00. 221 00:10:22,780 --> 00:10:24,820 And Louis stayed and finished up. 222 00:10:24,890 --> 00:10:26,260 By himself? Yeah. 223 00:10:26,350 --> 00:10:28,730 How come? He's the assistant manager. 224 00:10:28,790 --> 00:10:30,270 What? Is Louis in some kind of trouble? 225 00:10:30,330 --> 00:10:31,700 No. This is just routine. 226 00:10:31,760 --> 00:10:34,740 Look, Louis is all right, and he's great with kids. 227 00:10:34,800 --> 00:10:37,780 We hear he's a bit of a hothead when it comes to his sister. 228 00:10:37,830 --> 00:10:39,180 Maybe a little overprotective, 229 00:10:39,230 --> 00:10:41,840 but all he talks about is how Allie's gonna make it big. 230 00:10:41,900 --> 00:10:43,180 Couple weeks ago, 231 00:10:43,240 --> 00:10:45,680 he went psycho on some guy dropped her off here. 232 00:10:45,740 --> 00:10:46,980 You see the guy? 233 00:10:47,040 --> 00:10:49,490 No. I saw his SUV. Black Toyota. 234 00:10:49,940 --> 00:10:51,790 I like the Lexus, myself. 235 00:10:52,050 --> 00:10:53,460 Well, what did Louis do? 236 00:10:53,520 --> 00:10:57,620 Ran after the car, yelling if he ever saw him around Allie again, he'd mess him up. 237 00:11:02,860 --> 00:11:06,000 I was working at the store till midnight. Then I went straight home. 238 00:11:06,060 --> 00:11:09,600 Yeah, after you smashed Michael Tobin's head against the sidewalk. 239 00:11:09,660 --> 00:11:10,700 Why don't you believe me? 240 00:11:10,770 --> 00:11:12,800 You lied to us about knowing him, Louis. 241 00:11:12,870 --> 00:11:14,400 And your coworker heard you threaten him. 242 00:11:14,470 --> 00:11:16,240 I was just looking out for my sister. 243 00:11:16,300 --> 00:11:18,880 You didn't like her knocking boots with her white boyfriend, did ya? 244 00:11:18,940 --> 00:11:20,780 Yeah, okay, but I didn't kill him. 245 00:11:20,880 --> 00:11:23,790 Yeah, you see this dope smoking punk that night 246 00:11:23,850 --> 00:11:25,880 sniffing around your baby sister, 247 00:11:25,950 --> 00:11:27,360 so you tell him to back off, 248 00:11:27,420 --> 00:11:29,920 things get a little out of hand, and he hits his head. 249 00:11:29,980 --> 00:11:31,120 That's not murder, right, Ed? 250 00:11:31,190 --> 00:11:32,790 Maybe not even manslaughter. 251 00:11:32,850 --> 00:11:34,660 It's nothing. I was working. 252 00:11:36,490 --> 00:11:37,940 How can you do this to him? 253 00:11:37,990 --> 00:11:40,800 Mr. Johnson... My son has a good job. 254 00:11:40,860 --> 00:11:42,670 He's never been arrested. 255 00:11:42,730 --> 00:11:44,610 We're decent, hard-working people. 256 00:11:44,670 --> 00:11:47,340 Sir, Louis lied about knowing Allie's friend. 257 00:11:47,400 --> 00:11:49,640 We have a witness who saw your son threaten him. 258 00:11:49,700 --> 00:11:51,680 And we understand he has a temper. 259 00:11:51,770 --> 00:11:53,340 Louis is all bark, Lieutenant. 260 00:11:53,410 --> 00:11:55,180 Now he was at work when this happened. 261 00:11:55,240 --> 00:11:56,880 No one can confirm that. 262 00:11:56,980 --> 00:11:58,750 You waiting for Elijah to come down and testify? 263 00:12:00,220 --> 00:12:04,250 White boy gets killed in my neighborhood and you treat us all like criminals. 264 00:12:04,320 --> 00:12:06,360 You ought to be ashamed of yourself. 265 00:12:09,720 --> 00:12:11,200 I'm coming back with a lawyer. 266 00:12:14,800 --> 00:12:17,830 VAN BUREN: You recognize anyone from 93rd street, Officer Smith? 267 00:12:17,900 --> 00:12:19,310 No, sorry. 268 00:12:20,030 --> 00:12:21,340 How'd my partner do? 269 00:12:21,400 --> 00:12:22,710 ED: He flunked too. 270 00:12:23,300 --> 00:12:25,010 We really didn't get much of a look. 271 00:12:25,070 --> 00:12:26,180 Thanks. 272 00:12:29,210 --> 00:12:31,520 They're not making cops like they used to. 273 00:12:31,580 --> 00:12:33,820 We need the kid's dirty laundry to test for blood. 274 00:12:33,880 --> 00:12:36,590 What? You gonna forge a judge's signature on a search warrant? 275 00:12:37,220 --> 00:12:39,030 Hey, we got motive, no alibi. 276 00:12:39,350 --> 00:12:42,030 Be nice if you could put him at the crime scene. 277 00:12:47,860 --> 00:12:51,740 Didn't see anything. 11:15, we were on a job eight blocks away. 278 00:12:51,830 --> 00:12:53,900 The area where the kid got popped, who hangs there? 279 00:12:53,970 --> 00:12:56,450 Nobody, really. That block's pretty quiet. 280 00:12:56,540 --> 00:12:59,540 We heard some bottles got thrown on a cop car near there. You involved? 281 00:12:59,610 --> 00:13:01,110 Just the tail end. 282 00:13:01,180 --> 00:13:04,320 Bum squad picked up a homeless guy sleeping on the sidewalk. 283 00:13:04,380 --> 00:13:07,490 When we responded, it was just some kids giving hell to the back-up units. 284 00:13:07,550 --> 00:13:08,650 What kids? 285 00:13:08,750 --> 00:13:11,890 From the neighborhood. It was a big excitement over there. 286 00:13:12,050 --> 00:13:15,090 (SCOFFS) It was three hours before, I doubt they saw anything. 287 00:13:15,160 --> 00:13:17,830 Hey, let us do the doubting, all right? 288 00:13:17,890 --> 00:13:20,530 Time we got there, it was already under control. 289 00:13:20,600 --> 00:13:24,170 But our local Sharpton was still out there, preaching to the choir. 290 00:13:25,800 --> 00:13:26,970 ED: Yeah. We heard you were on the street 291 00:13:27,040 --> 00:13:28,110 Tuesday night. Yeah. 292 00:13:28,170 --> 00:13:29,910 We just wanna know if you saw this guy out there. 293 00:13:29,970 --> 00:13:31,110 His name is Louis Johnson. 294 00:13:31,170 --> 00:13:32,340 I know his name. 295 00:13:32,410 --> 00:13:34,280 Any reason I should be talking to a couple of cops 296 00:13:34,340 --> 00:13:35,480 after what happened out there? 297 00:13:35,540 --> 00:13:38,020 What, you mean like you causing a riot? 298 00:13:38,080 --> 00:13:40,180 The guy those cops rousted, JT, 299 00:13:40,250 --> 00:13:41,850 he's been sleeping out there for years. 300 00:13:41,920 --> 00:13:43,900 He's kinda slow in the head. He's a nice guy. 301 00:13:43,950 --> 00:13:45,160 He never bothers anybody. 302 00:13:45,220 --> 00:13:46,600 BRISCOE: Yeah. Back to Louis Johnson... 303 00:13:46,650 --> 00:13:49,530 These white cops kick him till he wakes up, 304 00:13:49,590 --> 00:13:51,730 throw all his stuff on the street. Now you think that's right? 305 00:13:51,790 --> 00:13:53,400 So you respond by chucking bottles? 306 00:13:53,460 --> 00:13:55,100 By any means necessary. 307 00:13:55,160 --> 00:13:57,140 That right? That include killing white kids? 308 00:13:57,200 --> 00:13:58,510 I didn't kill that boy. 309 00:13:58,570 --> 00:14:01,210 And I know Louis from the neighborhood. He's a nine to five. 310 00:14:01,270 --> 00:14:03,080 Probably a Republican. He didn't do it either. 311 00:14:03,140 --> 00:14:05,280 Is that a character reference or you know something? 312 00:14:05,340 --> 00:14:07,980 You get JT out of lockup, and I might. 313 00:14:08,140 --> 00:14:09,990 Now why would we do that? 314 00:14:12,280 --> 00:14:15,390 I heard some guy at a party was bragging about doing the white boy. 315 00:14:15,450 --> 00:14:16,550 It wasn't Louis. 316 00:14:16,620 --> 00:14:17,690 That's not much. 317 00:14:17,750 --> 00:14:20,820 He said he took the white boy's Tommy jacket and then he cut him up. 318 00:14:20,890 --> 00:14:23,770 Bad news. Kid wasn't wearing a Tommy, and he wasn't cut up. 319 00:14:23,830 --> 00:14:26,640 That's what he said. He said he saw the white boy by a pay phone, 320 00:14:26,690 --> 00:14:29,140 near a Key Food, then he followed him. 321 00:14:29,300 --> 00:14:31,640 All right, we'll get JT out. What's the guy's name? 322 00:14:31,700 --> 00:14:34,340 Don't know his name. But the party was on Hamilton, 323 00:14:34,400 --> 00:14:36,970 next to the check cashing place, second floor. 324 00:14:42,080 --> 00:14:44,720 Wonder if this party made the society page? 325 00:14:44,780 --> 00:14:47,520 Hmm. The host spared no expense. 326 00:14:47,950 --> 00:14:49,860 Oh! There's our host now. 327 00:14:50,280 --> 00:14:51,630 (MOUSE SQUEAKING) 328 00:14:53,350 --> 00:14:55,160 "Tony's Beverage Mart." 329 00:14:55,390 --> 00:14:57,700 Our party people lost their deposit. 330 00:14:57,760 --> 00:14:58,900 Hmm. 331 00:14:59,360 --> 00:15:00,960 What makes you think it was my keg? 332 00:15:01,030 --> 00:15:02,600 It's got your sticker on it. 333 00:15:07,030 --> 00:15:09,040 I had one disappear a few nights ago. 334 00:15:09,100 --> 00:15:10,780 Any idea who disappeared it? 335 00:15:10,840 --> 00:15:12,650 Not really. Ever since I hired this guy, 336 00:15:12,710 --> 00:15:14,410 I've had a couple of things walk away. 337 00:15:14,480 --> 00:15:15,980 So why's he still working here? 338 00:15:16,040 --> 00:15:17,850 It's my wife's nephew. 339 00:15:19,810 --> 00:15:22,350 You know anything about a missing keg? 340 00:15:22,650 --> 00:15:24,490 I know things get lost in this world. 341 00:15:24,550 --> 00:15:25,930 You know your hands are shaking? 342 00:15:25,990 --> 00:15:27,090 Cops make me nervous. 343 00:15:27,160 --> 00:15:28,230 Maybe 'cause you're feeling guilty. 344 00:15:28,290 --> 00:15:30,200 Maybe 'cause I feel like I'm getting the third degree here. 345 00:15:30,260 --> 00:15:31,760 Oh, we're still on the first degree. 346 00:15:31,830 --> 00:15:33,670 I'll give you some friendly advice. 347 00:15:33,730 --> 00:15:35,330 You ain't got the cojones for this. 348 00:15:35,400 --> 00:15:37,030 Come on, man. I've only been working here three weeks. 349 00:15:37,100 --> 00:15:38,240 I don't wanna get fired. 350 00:15:38,300 --> 00:15:40,370 Hey, worry about being a disappointment to your family. 351 00:15:40,970 --> 00:15:43,810 (SIGHING) All right, some guy I know invited me to a party. 352 00:15:43,870 --> 00:15:45,080 I just wanted to do him a favor. 353 00:15:45,140 --> 00:15:47,590 Anybody at the party celebrating a murder? 354 00:15:47,640 --> 00:15:49,520 Murder. Uh-uh. Wasn't that kind of party. 355 00:15:49,580 --> 00:15:51,820 There a guy at this party wearing a Tommy Hilfiger jacket? 356 00:15:51,880 --> 00:15:55,620 Yeah, yeah. He left with a chick in the boots, and the leather dress. 357 00:15:55,680 --> 00:15:57,920 Um... Seventeen, going on Tyra Banks. 358 00:15:58,820 --> 00:16:00,300 You get any names? 359 00:16:01,160 --> 00:16:02,790 I think her name was Tina. 360 00:16:02,860 --> 00:16:05,840 She said she lived in the projects. Powell, some name like that. 361 00:16:05,890 --> 00:16:08,000 Anyway, you couldn't miss her. She's... 362 00:16:08,930 --> 00:16:11,770 Empty apartment's good for a party. More room for dancing. 363 00:16:11,830 --> 00:16:14,400 You dance with a guy in a Tommy jacket? 364 00:16:14,470 --> 00:16:16,350 Tommy, Ralph, Enyce. 365 00:16:16,400 --> 00:16:18,710 Your mother know about your social life? Yeah. 366 00:16:18,770 --> 00:16:21,190 Well, maybe we should call her at work. 367 00:16:21,680 --> 00:16:23,380 Called himself Biggie. 368 00:16:23,440 --> 00:16:25,190 Kept telling me he was big all over. 369 00:16:25,250 --> 00:16:26,450 I ain't got time for that. 370 00:16:26,510 --> 00:16:28,020 So why'd ya leave the party with him? 371 00:16:28,080 --> 00:16:29,430 I needed a ride. 372 00:16:29,480 --> 00:16:31,900 Did he mention where he got that jacket? 373 00:16:31,950 --> 00:16:34,560 Hah. I was teasing him about it being too small. 374 00:16:34,620 --> 00:16:36,690 So just like that, he told me he took it off that white boy. 375 00:16:36,860 --> 00:16:39,200 Probably not a great idea to take a ride from a guy like that. 376 00:16:39,490 --> 00:16:41,700 Thanks, Dad. Can I go now? 377 00:16:41,760 --> 00:16:44,110 Now what did this Biggie look like? 378 00:16:44,570 --> 00:16:46,640 Big. Look, I'm 20 minutes late. 379 00:16:46,700 --> 00:16:48,240 You're partying with us today. 380 00:16:48,300 --> 00:16:50,580 We're gonna go downtown and look at some mug shots. 381 00:16:50,640 --> 00:16:52,050 Wait. 382 00:16:53,040 --> 00:16:54,310 (SIGHS) 383 00:16:55,480 --> 00:16:57,680 He gave me his beeper number. 384 00:16:58,050 --> 00:17:00,550 All right. Ask him to meet you someplace. 385 00:17:00,620 --> 00:17:02,250 What, set him up? 386 00:17:05,620 --> 00:17:06,690 (SIGHING) 387 00:17:16,300 --> 00:17:17,830 What's up, Tina? 388 00:17:17,900 --> 00:17:19,380 Who the hell are you? 389 00:17:19,430 --> 00:17:20,540 Come outside with us, please. 390 00:17:20,600 --> 00:17:22,170 I got a date Nice jacket. 391 00:17:22,240 --> 00:17:23,440 I'd kill for a jacket like that. 392 00:17:23,500 --> 00:17:24,570 What you... What you talkin' about? 393 00:17:24,640 --> 00:17:25,710 Come on. Let's go. 394 00:17:25,770 --> 00:17:28,120 Let me just holler out my girl over there for a minute. 395 00:17:28,180 --> 00:17:30,020 You can holler her out in about 25 years. 396 00:17:30,080 --> 00:17:32,110 Why'd you do me like this, Tina? 397 00:17:33,280 --> 00:17:34,820 Y'all ain't got nothin' on me. 398 00:17:34,880 --> 00:17:37,090 Yeah, except witnesses who heard you confess. 399 00:17:37,150 --> 00:17:38,430 Well, they heard wrong. 400 00:17:38,490 --> 00:17:39,930 Yeah? How'd you know the kid got stabbed? 401 00:17:39,990 --> 00:17:41,130 That wasn't even in the papers. 402 00:17:41,190 --> 00:17:42,690 Only the killer knows a detail like that. 403 00:17:42,760 --> 00:17:44,070 And where'd you get his jacket, huh? 404 00:17:44,130 --> 00:17:45,230 This ain't his. 405 00:17:45,290 --> 00:17:46,360 That's not what his grandma says. 406 00:17:46,430 --> 00:17:47,630 She bought it for him for his birthday. 407 00:17:47,700 --> 00:17:48,870 My cousin got me this. 408 00:17:48,930 --> 00:17:50,500 Now who do you think the jury's gonna believe, 409 00:17:50,570 --> 00:17:52,880 this kid's grandmother or your cousin? 410 00:17:53,000 --> 00:17:56,740 Listen. Girls at the party was dissin' my gear for not fittin' right. 411 00:17:57,710 --> 00:18:00,240 Sol played like I got it off the white boy. 412 00:18:00,310 --> 00:18:01,950 They're gonna laugh in your face. 413 00:18:02,010 --> 00:18:04,460 I was just tryin' to get my props, that's all. 414 00:18:04,510 --> 00:18:06,820 Hey, how'd you know about the boy using the pay phone? 415 00:18:06,880 --> 00:18:08,660 'Cause I saw what went down. 416 00:18:09,280 --> 00:18:12,460 Couple of homies run up on this white boy on a pay phone. 417 00:18:12,520 --> 00:18:15,020 Said they was gonna bust him up, and did I want a piece? 418 00:18:15,090 --> 00:18:17,660 I said no, and I kept walking. And that's the truth. 419 00:18:18,060 --> 00:18:19,470 We need names. 420 00:18:22,360 --> 00:18:24,000 Jerome and Marcus. 421 00:18:24,100 --> 00:18:26,410 They hang out at the bodega on Broadhurst. 422 00:18:26,470 --> 00:18:28,310 You better hope this checks out. 423 00:18:32,270 --> 00:18:33,340 Hey, Jerome. 424 00:18:33,410 --> 00:18:34,610 Hey, what you want? 425 00:18:34,680 --> 00:18:36,420 You're under arrest. You must be Marcus. 426 00:18:36,480 --> 00:18:37,720 Not me, man. 427 00:18:38,010 --> 00:18:40,390 POLICEMAN: Police! Freeze! Give it up, man! 428 00:18:41,720 --> 00:18:43,890 Too bad your feet are faster than your brain. 429 00:18:43,950 --> 00:18:45,330 Look, hey, watch my hand! 430 00:18:45,390 --> 00:18:47,330 What'd you do to it? I hurt it playing basketball. 431 00:18:47,390 --> 00:18:48,960 What? Skin your knuckles going up for a rebound? 432 00:18:49,020 --> 00:18:51,160 Yeah. Y'all, I wanna see a lawyer. 433 00:18:51,230 --> 00:18:53,230 Story like that, you're gonna need one. 434 00:18:56,430 --> 00:18:58,640 A broken hand hardly proves your case. 435 00:18:58,730 --> 00:19:00,800 ED: We have a witness puts him with the victim. 436 00:19:00,870 --> 00:19:02,010 Who? 437 00:19:02,140 --> 00:19:03,740 You want his address, too? 438 00:19:03,800 --> 00:19:06,050 Look, my client might want to cooperate. 439 00:19:06,940 --> 00:19:09,220 He doesn't want to face the death penalty. 440 00:19:09,280 --> 00:19:10,410 Why would he? 441 00:19:15,320 --> 00:19:17,160 That's all we have to say now. 442 00:19:19,190 --> 00:19:22,130 Now's your chance to tell your side of it, Jerome. 443 00:19:22,190 --> 00:19:24,640 Your buddy in there is probably rolling on you right now. 444 00:19:24,690 --> 00:19:26,600 Can I talk to him? Oh, sure. 445 00:19:26,660 --> 00:19:28,330 You two get your stories straight. 446 00:19:28,400 --> 00:19:31,710 I'll sit here and have a few donuts while you're chatting. 447 00:19:31,770 --> 00:19:33,400 ELAN HOLT: How bad does it look? 448 00:19:33,470 --> 00:19:36,140 He's got no alibi and a three-page sheet. 449 00:19:36,200 --> 00:19:37,550 He's going down hard for this. 450 00:19:37,610 --> 00:19:40,880 Oh, man! This is messed up! I wanna get bail! 451 00:19:40,940 --> 00:19:43,850 You can't even afford a lawyer. What kind of bail you think you're gonna get 452 00:19:43,910 --> 00:19:45,410 on a murder two charge? 453 00:19:45,480 --> 00:19:46,690 Murder two? 454 00:19:47,280 --> 00:19:48,490 I think I wanna cop to it. 455 00:19:48,550 --> 00:19:49,960 No, you don't. 456 00:19:50,020 --> 00:19:52,520 Thing is, we didn't mean to kill one of yours. 457 00:19:52,650 --> 00:19:53,760 One of whose? 458 00:19:53,820 --> 00:19:55,960 Jerome, we're done. Now shut up! 459 00:19:59,830 --> 00:20:01,400 Why'd he say, "One of yours?" 460 00:20:01,460 --> 00:20:04,880 It sounds like they were under the impression Tobin was a cop. 461 00:20:04,930 --> 00:20:06,500 Yeah. Weathers' lawyer shut everything down 462 00:20:06,570 --> 00:20:07,740 when she heard what the charges were. 463 00:20:07,800 --> 00:20:09,780 She was expecting to hear murder one. 464 00:20:09,840 --> 00:20:11,370 Any chance they're right? 465 00:20:11,570 --> 00:20:13,920 Could Tobin have been an informant? 466 00:20:13,980 --> 00:20:16,350 He's not registered at one Police Plaza. 467 00:20:17,080 --> 00:20:18,680 How about off the books? 468 00:20:21,150 --> 00:20:24,490 Can we make this fast? My parents think I'm out buying milk. 469 00:20:24,690 --> 00:20:27,630 You told the detectives your friend, Michael, wasn't in any kind of trouble. 470 00:20:27,690 --> 00:20:28,860 He wasn't. 471 00:20:28,920 --> 00:20:30,270 We have some evidence that suggests 472 00:20:30,320 --> 00:20:32,700 he may have been working with the police as an informant. 473 00:20:32,760 --> 00:20:35,040 Where... No way! Where'd you hear that? 474 00:20:35,100 --> 00:20:36,340 You don't need to know that. 475 00:20:36,400 --> 00:20:39,000 Well, it's totally ridiculous. He would've told me. 476 00:20:39,070 --> 00:20:41,340 He didn't tell you Allie was his girlfriend. 477 00:20:41,400 --> 00:20:43,540 Yeah. I wish he had. 478 00:20:44,810 --> 00:20:47,720 I just don't see it. I mean, why would Mike be working with the cops? 479 00:20:47,780 --> 00:20:49,350 He didn't even like 'em. 480 00:20:50,210 --> 00:20:52,090 Any takers on the other end? 481 00:20:52,150 --> 00:20:54,890 Briscoe and Green checked with all the special units in Harlem. 482 00:20:54,950 --> 00:20:57,930 Gangs, narcotics, anti-crime. Nothing. 483 00:20:57,990 --> 00:20:59,860 It's time to talk to Jerome Weathers. 484 00:20:59,950 --> 00:21:02,700 Let's see what it'll cost us to find out what he's talking about. 485 00:21:06,730 --> 00:21:09,500 My client's got nothing to say till we know what's on the table. 486 00:21:09,600 --> 00:21:12,910 We like what he tells us, we'll take the death penalty off the table. 487 00:21:19,440 --> 00:21:21,440 This is how it went down, all right? 488 00:21:22,110 --> 00:21:24,560 Me and Marcus saw the cops take JT away. 489 00:21:24,650 --> 00:21:27,020 A few hours later, we saw the kid. 490 00:21:27,080 --> 00:21:29,030 We decided to get some payback. So we followed him. 491 00:21:29,220 --> 00:21:30,990 Marcus yoked him up and started pounding. 492 00:21:31,050 --> 00:21:32,460 And you joined right in. 493 00:21:32,590 --> 00:21:35,360 Damn fool started fightin' back instead of takin' his. 494 00:21:35,420 --> 00:21:37,490 I'm serious, we didn't mean to kill him. 495 00:21:37,560 --> 00:21:39,540 He fell on the steps and hit his head. 496 00:21:39,590 --> 00:21:40,940 Why him? Because he was white? 497 00:21:41,000 --> 00:21:43,200 No. 'Cause he was workin' for the cops. 498 00:21:43,500 --> 00:21:44,670 What made you think that? 499 00:21:45,130 --> 00:21:48,340 He got out of a cop car at the corner off 144th from Broadway. 500 00:21:48,400 --> 00:21:50,210 JACK: You notice any markings on the car? 501 00:21:50,270 --> 00:21:51,580 NYPD. 502 00:21:51,710 --> 00:21:53,080 Is that it? Any numbers? 503 00:21:53,140 --> 00:21:55,180 No. It was down the block. 504 00:21:55,240 --> 00:21:57,280 The cops let him out of that car. 505 00:21:57,340 --> 00:21:59,920 In my face. In my neighborhood. That night. 506 00:21:59,980 --> 00:22:02,020 What did they think was gonna happen? 507 00:22:04,550 --> 00:22:06,120 There was no intent, Mr. McCoy. 508 00:22:06,190 --> 00:22:07,930 JACK: Except to kick the crap out of him. 509 00:22:09,160 --> 00:22:12,190 If it turns out he's telling the truth, man one. 510 00:22:13,030 --> 00:22:14,230 Damn. 511 00:22:16,560 --> 00:22:19,770 Michael Tobin got out of a patrol car in Harlem? 512 00:22:19,830 --> 00:22:21,340 According to Jerome Weathers. 513 00:22:21,440 --> 00:22:23,640 Four blocks from where he was killed. 514 00:22:23,700 --> 00:22:25,740 Do we believe this murderer? 515 00:22:26,110 --> 00:22:27,710 Remains to be seen, but if it's true, 516 00:22:27,780 --> 00:22:30,980 whatever Tobin was doing up there was totally off the grid. 517 00:22:31,050 --> 00:22:33,460 We looked under all the obvious rocks. 518 00:22:33,910 --> 00:22:35,620 Look under new ones. 519 00:22:38,750 --> 00:22:40,890 Could they have been working with him under the radar? 520 00:22:40,960 --> 00:22:43,160 All informants get routed to special units. 521 00:22:43,220 --> 00:22:45,640 Yeah, and sometimes they fall through the cracks. 522 00:22:45,690 --> 00:22:46,760 Not my guys... 523 00:22:46,830 --> 00:22:48,000 We're being straight with you. 524 00:22:48,060 --> 00:22:49,670 We never even laid eyes on that kid. 525 00:22:50,500 --> 00:22:53,040 10:15, they responded to an aided call. 526 00:22:53,100 --> 00:22:55,640 Yeah. Lady with chest pains. We were there until 11:30. 527 00:22:55,870 --> 00:22:57,440 An hour and 15 minutes? 528 00:22:57,510 --> 00:22:58,850 The paramedics had a hard time 529 00:22:58,910 --> 00:23:00,720 convincing her to go to the hospital. 530 00:23:00,770 --> 00:23:03,280 Yeah. It's all right here in my memo book. 531 00:23:04,610 --> 00:23:07,390 Check with engine 45. We were there. 532 00:23:09,180 --> 00:23:11,220 Okay, you two go to work. 533 00:23:11,690 --> 00:23:12,860 Thank you. 534 00:23:13,690 --> 00:23:14,860 That's it, Ms. Carmichael. 535 00:23:14,920 --> 00:23:17,930 Every sector car out that night's accounted for. 536 00:23:17,990 --> 00:23:20,340 Any other vehicles signed out that night? 537 00:23:20,390 --> 00:23:22,170 I already checked with the motor pool sergeant. 538 00:23:22,230 --> 00:23:23,330 If you want to look at her log... 539 00:23:23,400 --> 00:23:25,880 No, that's okay. Thanks. Will you send me a copy? 540 00:23:25,930 --> 00:23:28,910 Yeah. Now if this fairy tale's true, 541 00:23:28,970 --> 00:23:30,970 it's nobody from this precinct. 542 00:23:36,710 --> 00:23:38,590 We heard you collared two guys who fit our description. 543 00:23:38,650 --> 00:23:39,720 That's right. 544 00:23:39,780 --> 00:23:40,880 If you needed us for a line-up, 545 00:23:40,950 --> 00:23:42,690 you could've put in a notification. 546 00:23:42,750 --> 00:23:45,590 Well, we wanted to hear the whole story again. 547 00:23:45,950 --> 00:23:47,360 Not much of a story. 548 00:23:47,420 --> 00:23:49,770 We saw two males by the dead kid's building. 549 00:23:49,820 --> 00:23:50,890 I don't know if we can I.D. 'em. 550 00:23:50,960 --> 00:23:52,400 What time was that? 551 00:23:52,490 --> 00:23:54,130 I don't know. Whatever we told your guys 552 00:23:54,200 --> 00:23:55,700 when they interviewed us. 553 00:23:56,730 --> 00:23:59,400 Where did you go after you observed these two guys? 554 00:23:59,470 --> 00:24:01,000 Back on patrol. 555 00:24:01,070 --> 00:24:04,520 And what was your location at 11:10? 556 00:24:05,110 --> 00:24:06,950 What's this got to do with a line-up? 557 00:24:07,010 --> 00:24:09,820 Somebody saw Michael Tobin get out of an RMP 558 00:24:09,880 --> 00:24:12,020 up in Harlem just before he was killed. 559 00:24:12,080 --> 00:24:13,390 Somebody who? 560 00:24:13,450 --> 00:24:15,290 CARMICHAEL: That's confidential. 561 00:24:15,350 --> 00:24:17,730 We were in Charlie sector all night. 562 00:24:18,320 --> 00:24:20,560 Look, why would we ride around with this kid? 563 00:24:20,620 --> 00:24:22,570 Maybe you were using him as a Cl. 564 00:24:22,620 --> 00:24:24,330 (SCOFFING) Absolutely not. 565 00:24:24,390 --> 00:24:26,770 VAN BUREN: Then you won't mind if we look at your memo books. 566 00:24:26,830 --> 00:24:28,430 Don't you need to go through IAB? 567 00:24:28,500 --> 00:24:30,100 CARMICHAEL: IAB doesn't have jurisdiction. 568 00:24:30,160 --> 00:24:31,800 This is a murder investigation. 569 00:24:31,870 --> 00:24:33,040 You got the two guys. 570 00:24:34,600 --> 00:24:39,020 Whoever dropped Michael Tobin off wasn't looking out for his welfare. 571 00:24:41,840 --> 00:24:43,290 Uh... 572 00:24:44,480 --> 00:24:45,980 Before we give up any paperwork, 573 00:24:46,050 --> 00:24:48,550 I think we need to get with our PBA rep. 574 00:24:48,880 --> 00:24:50,360 Stay in touch. 575 00:24:56,920 --> 00:24:59,060 These are the sprint runs from the 36, 576 00:24:59,130 --> 00:25:01,730 all transmissions for the entire shift. 577 00:25:01,800 --> 00:25:04,140 Got the tape cued up if you want audio. 578 00:25:04,200 --> 00:25:08,010 Thanks. Smith and Flannery were 36 Charlie. 579 00:25:08,140 --> 00:25:11,050 10:45, they radioed out for a meal. 580 00:25:11,410 --> 00:25:12,580 Like they said. 581 00:25:12,910 --> 00:25:15,250 But look at this. At 11:10, they responded, 582 00:25:15,310 --> 00:25:17,920 "Back in service, will assist 36 Edward" 583 00:25:17,980 --> 00:25:20,420 "on a job at 96th and Amsterdam." 584 00:25:20,680 --> 00:25:23,180 Two blocks away, they didn't show up for 20 minutes. 585 00:25:23,250 --> 00:25:25,250 Because they were in Harlem? 586 00:25:25,320 --> 00:25:26,960 Wait. This is strange. 587 00:25:27,390 --> 00:25:31,500 Hey, Sally, could you cue up this radio run at 8:19? 588 00:25:34,290 --> 00:25:37,470 This is 36 Sergeant One. Be advised of rapid mobilization. 589 00:25:37,530 --> 00:25:39,940 Standby for units Adam, Baker, Charlie. 590 00:25:40,000 --> 00:25:42,110 Disturbance at 144 and Broadway. 591 00:25:42,170 --> 00:25:44,950 Civilians and officers involved, possible injuries. 592 00:25:45,010 --> 00:25:46,810 31 Sergeant will advice. 593 00:25:48,880 --> 00:25:51,760 So, Smith and Flannery were on alert for deployment 594 00:25:51,810 --> 00:25:53,880 to that free-for-all up in Harlem. 595 00:25:53,950 --> 00:25:56,150 Over the arrest of that homeless man. 596 00:25:56,480 --> 00:25:59,290 They knew all hell was breaking loose up there that night. 597 00:25:59,350 --> 00:26:02,030 And they dropped Michael Tobin right in the middle of it. 598 00:26:02,090 --> 00:26:03,230 (SCOFFS) 599 00:26:09,360 --> 00:26:13,000 Your clients took a detour to Harlem the night Michael Tobin was killed. 600 00:26:13,070 --> 00:26:14,240 This doesn't say that. 601 00:26:14,300 --> 00:26:17,750 Their radio car was unaccounted for from 10:45 to 11:30. 602 00:26:17,810 --> 00:26:19,310 We signed off to get something to eat. 603 00:26:19,370 --> 00:26:21,250 You were done with your meal at 11:10. 604 00:26:21,310 --> 00:26:23,350 There's a gaping hole in your alibi. 605 00:26:23,410 --> 00:26:25,190 Which gave you a window of opportunity 606 00:26:25,250 --> 00:26:27,920 to take the Tobin boy uptown and drop him in the middle of a war zone. 607 00:26:28,450 --> 00:26:29,520 RILEY: For what possible reason? 608 00:26:29,580 --> 00:26:33,090 You tell me. If they have a legitimate explanation, we want to hear it. 609 00:26:33,150 --> 00:26:36,130 (CHUCKLING) Well, they don't need to explain anything. Let's go. 610 00:26:36,190 --> 00:26:40,160 You're gonna need more than this printout and some half-baked theory. 611 00:26:44,770 --> 00:26:46,510 Some kind of practical joke? 612 00:26:46,570 --> 00:26:48,480 If it is, the cops aren't talking. 613 00:26:48,540 --> 00:26:49,670 You're sure it's them? 614 00:26:49,740 --> 00:26:51,720 It's the only plausible explanation. 615 00:26:51,770 --> 00:26:53,150 ADAM: Can you prove it? 616 00:26:53,440 --> 00:26:55,580 Their patrol car turned up negative for prints. 617 00:26:55,640 --> 00:26:57,210 We can't ID the car, or its occupants. 618 00:26:57,610 --> 00:26:59,220 We've got a good circumstantial case. 619 00:26:59,280 --> 00:27:01,160 And they're acting guilty as hell. 620 00:27:01,650 --> 00:27:03,650 All we need is another police scandal. 621 00:27:03,720 --> 00:27:05,030 (PHONE RINGING) 622 00:27:07,960 --> 00:27:09,090 McCoy. 623 00:27:10,990 --> 00:27:12,200 I'll tell him. 624 00:27:12,460 --> 00:27:15,500 Your secretary, Adam. The mayor's holding for you. 625 00:27:15,600 --> 00:27:16,940 She say what it's about? 626 00:27:17,000 --> 00:27:18,200 Smith and Flannery. 627 00:27:19,770 --> 00:27:21,870 Get a handle on this thing, Jack. 628 00:27:24,810 --> 00:27:25,880 What? 629 00:27:27,070 --> 00:27:29,420 Flannery's civilian complaint file is clean. 630 00:27:29,480 --> 00:27:32,050 He did manage to get himself a commendation. 631 00:27:32,110 --> 00:27:34,750 Smith has a commendation and two complaints. 632 00:27:34,820 --> 00:27:36,950 The first one was for excessive force. 633 00:27:37,020 --> 00:27:40,060 He pushed the girlfriend of a man he was arresting. Dismissed. 634 00:27:40,120 --> 00:27:42,070 Then his wife complained he was abusive. 635 00:27:42,120 --> 00:27:44,100 He was referred to peer counseling. 636 00:27:48,000 --> 00:27:50,070 You're not a doctor, Lieutenant Fernandez. 637 00:27:50,130 --> 00:27:52,410 We can subpoena you. There's no privilege. 638 00:27:53,230 --> 00:27:56,440 Go ahead. You really think I'd breach his confidence? 639 00:27:56,870 --> 00:27:58,710 I'm not interested in his marriage. 640 00:27:58,770 --> 00:28:01,220 Isn't there something you can tell me that might help the guy out? 641 00:28:02,340 --> 00:28:03,510 I can't get into that. 642 00:28:03,580 --> 00:28:05,180 A young man was murdered. 643 00:28:08,080 --> 00:28:10,320 People expect cops to be perfect. 644 00:28:10,880 --> 00:28:12,330 You got a split second to decide 645 00:28:12,390 --> 00:28:15,160 if a guy's going for his house keys, or a gun. 646 00:28:15,590 --> 00:28:17,570 It's not easy being on the job. 647 00:28:17,660 --> 00:28:19,260 And I am sympathetic to that, Lieutenant, 648 00:28:19,330 --> 00:28:20,600 but if Smith was coming here, 649 00:28:20,660 --> 00:28:22,900 he was obviously stressed out about something. 650 00:28:22,960 --> 00:28:24,200 (SIGHING) 651 00:28:29,200 --> 00:28:30,910 Between you and me, 652 00:28:31,910 --> 00:28:34,040 this thing's tearing him up inside. 653 00:28:36,080 --> 00:28:38,890 They kidnapped him and dropped him in Harlem. 654 00:28:39,180 --> 00:28:40,750 What kind of cops are they? 655 00:28:40,810 --> 00:28:42,450 By all accounts, average. 656 00:28:42,520 --> 00:28:44,360 Maybe something Michael said or did 657 00:28:44,420 --> 00:28:46,060 led to some misunderstanding. 658 00:28:46,120 --> 00:28:48,830 Did your son ever have any kind of run-in with the police? 659 00:28:48,890 --> 00:28:51,100 A few months ago, he got a parking ticket. 660 00:28:51,160 --> 00:28:52,230 Made a big scene. 661 00:28:52,290 --> 00:28:53,500 Because he was parked legally. 662 00:28:53,560 --> 00:28:56,010 It's only natural for kids that age to resent authority. 663 00:28:56,060 --> 00:28:57,740 Especially when it's wrong. 664 00:28:57,870 --> 00:28:59,040 What about at school? 665 00:28:59,100 --> 00:29:02,950 His guidance counselor told us he had a few detentions and a suspension. 666 00:29:03,140 --> 00:29:06,520 For one day. He was caught out of his room on a school trip. 667 00:29:06,570 --> 00:29:08,210 You're saying this was his fault? 668 00:29:08,280 --> 00:29:09,520 That's not what we're saying... 669 00:29:09,580 --> 00:29:12,020 When the police kill a black kid, this place goes crazy. 670 00:29:12,080 --> 00:29:13,920 When it's a white kid, you blame the victim. 671 00:29:13,980 --> 00:29:15,690 Our son was murdered. 672 00:29:15,950 --> 00:29:18,360 Aren't the police supposed to protect us? 673 00:29:20,890 --> 00:29:25,200 Why is the U.S. Attorney interested in a state murder prosecution? 674 00:29:25,260 --> 00:29:27,670 There are federal implications, Mr. McCoy. 675 00:29:27,730 --> 00:29:29,730 As long as the matter is being handled judiciously, 676 00:29:29,800 --> 00:29:31,370 the ball's in your court. 677 00:29:31,430 --> 00:29:34,970 We're prosecuting the young men responsible for the murder. 678 00:29:35,440 --> 00:29:38,350 And the officers who violated Michael Tobin's civil rights? 679 00:29:38,410 --> 00:29:42,320 We're planning to indict them for endangering and unlawful imprisonment. 680 00:29:42,910 --> 00:29:44,620 They'll be thrown off the force, 681 00:29:44,680 --> 00:29:46,620 might even do some felony jail time. 682 00:29:46,680 --> 00:29:48,160 That's not gonna cut it. 683 00:29:48,220 --> 00:29:49,590 It'll be perceived in certain quarters 684 00:29:49,650 --> 00:29:51,290 as an under-zealous prosecution. 685 00:29:51,350 --> 00:29:54,130 Perception? I thought we were in the criminal justice business. 686 00:29:54,190 --> 00:29:56,900 And the perception of justice being done. 687 00:29:56,960 --> 00:29:58,730 I'm not telling you how to run your office. 688 00:29:58,790 --> 00:30:01,300 But if the justice department isn't happy we're stepping in. 689 00:30:06,900 --> 00:30:08,400 Not gonna happen. 690 00:30:08,470 --> 00:30:10,640 It's a no-win situation, Adam. 691 00:30:10,940 --> 00:30:12,540 Let's do what we think is appropriate 692 00:30:12,610 --> 00:30:14,240 and let the chips fall where they may. 693 00:30:14,540 --> 00:30:17,680 Charge the cops with murder. Depraved indifference. 694 00:30:17,740 --> 00:30:19,590 They dropped the boy into a minefield. 695 00:30:19,850 --> 00:30:21,720 Harlem is a minefield? 696 00:30:21,780 --> 00:30:23,160 How's that going to play? 697 00:30:23,480 --> 00:30:27,120 You send two black kids to state prison for manslaughter, 698 00:30:27,420 --> 00:30:30,060 and you slap two cops on the wrists 699 00:30:30,120 --> 00:30:32,430 for putting the boy in their sights. 700 00:30:32,490 --> 00:30:33,660 How's that play? 701 00:30:34,600 --> 00:30:36,370 So politics as usual. 702 00:30:36,430 --> 00:30:38,000 The mayor's very concerned. 703 00:30:38,070 --> 00:30:41,240 The mayor is on board for going after two cops? 704 00:30:41,300 --> 00:30:44,440 The mayor wants peace and I'm gonna deliver it. 705 00:30:44,970 --> 00:30:47,110 The police force is out of control. 706 00:30:47,170 --> 00:30:49,950 Manipulating racial distrust for their own purposes. 707 00:30:50,010 --> 00:30:51,420 I won't be part of it. 708 00:30:54,580 --> 00:30:56,120 I'm with Adam on this one. 709 00:30:57,550 --> 00:31:00,030 Abner Louima, Diallo. 710 00:31:01,250 --> 00:31:03,360 It stops right here. Do it. 711 00:31:15,670 --> 00:31:19,210 CLERK: "Calendar numbers 54, 55, 56 and 57." 712 00:31:19,310 --> 00:31:21,410 Top count is murder in the second. 713 00:31:21,480 --> 00:31:23,550 Well, here's an interesting group. 714 00:31:23,780 --> 00:31:25,760 My clients plead not guilty. 715 00:31:25,810 --> 00:31:27,620 Mr. Cook and Mr. Weathers have accepted pleas 716 00:31:27,680 --> 00:31:29,130 to manslaughter in the first degree. 717 00:31:29,180 --> 00:31:30,220 What's the promise? 718 00:31:30,280 --> 00:31:31,690 Seven and a half-to-15. 719 00:31:32,350 --> 00:31:34,260 JUDGE: Set it down for their allocutions. 720 00:31:34,320 --> 00:31:35,930 You want bail on these officers? 721 00:31:35,990 --> 00:31:37,470 It's a murder charge, Your Honor. 722 00:31:37,520 --> 00:31:39,090 It is on paper. 723 00:31:39,160 --> 00:31:41,370 Fifty thousand, each defendant. 724 00:31:41,430 --> 00:31:42,670 They're ready to post, Your Honor. 725 00:31:46,870 --> 00:31:48,180 (RUCKUS) So, the D.A.'s office 726 00:31:48,240 --> 00:31:51,240 is trying to crucify two fine police officers. 727 00:31:51,300 --> 00:31:52,480 You're saying they're innocent? 728 00:31:52,540 --> 00:31:55,710 Absolutely. I mean, take a look at those people down there. 729 00:31:55,780 --> 00:31:57,650 The D.A.'s office is playing to the mob. 730 00:31:57,710 --> 00:32:00,890 Mr. McCoy? Care to comment on Mr. Riley's claim 731 00:32:00,950 --> 00:32:03,220 you're conducting a vendetta against the police? 732 00:32:03,280 --> 00:32:05,290 We're prosecuting two individuals 733 00:32:05,350 --> 00:32:09,660 who committed a crime, nothing more, nothing less. Now if you'll excuse us. 734 00:32:09,720 --> 00:32:11,400 Are these officers being charged to pacify 735 00:32:11,460 --> 00:32:12,800 the African American community? 736 00:32:12,860 --> 00:32:14,300 I just told you what we're doing. 737 00:32:14,360 --> 00:32:15,810 Did you make a deal with one of the men 738 00:32:15,860 --> 00:32:18,540 who admitted killing Michael Tobin in exchange for his testimony? 739 00:32:18,630 --> 00:32:21,480 No comment. Now, please, let us through. 740 00:32:22,000 --> 00:32:23,710 You having fun yet, McCoy? 741 00:32:23,770 --> 00:32:25,440 Is that how it's gonna go, Mr. Riley? 742 00:32:25,510 --> 00:32:27,640 Trying the whole case on the courthouse steps? 743 00:32:27,710 --> 00:32:30,880 And the courtroom. I'm moving to dismiss the indictment. 744 00:32:31,610 --> 00:32:33,560 (INDISTINCT SHOUTING) 745 00:32:35,450 --> 00:32:38,430 Depraved indifference murder requires the defendant 746 00:32:38,490 --> 00:32:42,930 recklessly engage in conduct which creates a grave risk of death. 747 00:32:43,190 --> 00:32:45,190 A grave risk of death, Judge. 748 00:32:45,260 --> 00:32:47,760 The people can't possibly prove that element of the crime. 749 00:32:47,830 --> 00:32:51,540 The officers knew there was a violent disturbance at 144th and Broadway 750 00:32:51,770 --> 00:32:53,710 due to a prior radio communication. 751 00:32:53,770 --> 00:32:56,810 Mr. McCoy is saying that Harlem is a dangerous weapon. 752 00:32:56,870 --> 00:32:59,080 I was under the impression it was a neighborhood. 753 00:32:59,140 --> 00:33:00,710 This is unmitigated racism. 754 00:33:00,770 --> 00:33:02,410 I'll decide what's racism here. 755 00:33:02,640 --> 00:33:05,590 You have to ignore these hot-button labels and look at the facts, Judge. 756 00:33:05,650 --> 00:33:07,850 White boy in Harlem's gonna wind up dead. 757 00:33:07,910 --> 00:33:09,830 Call it what you want, that's the People's case. 758 00:33:09,880 --> 00:33:11,950 JACK: These officers made a calculated decision. 759 00:33:12,020 --> 00:33:14,360 Out of the thousands of street corners in New York City, 760 00:33:14,420 --> 00:33:16,060 they picked this one. 761 00:33:16,120 --> 00:33:18,630 They may as well have painted a target on the young man's back. 762 00:33:18,690 --> 00:33:20,300 He was a target because he was white? 763 00:33:20,360 --> 00:33:23,030 Because the police branded him as a collaborator. 764 00:33:23,100 --> 00:33:24,840 They dropped him out of their marked car 765 00:33:24,900 --> 00:33:26,900 in the aftermath of a disturbance. 766 00:33:28,000 --> 00:33:30,310 It's hard to ignore that, Mr. Riley. 767 00:33:31,240 --> 00:33:33,050 You of all people, Judge... 768 00:33:34,610 --> 00:33:37,090 Don't try that on me, Mr. Riley. 769 00:33:37,140 --> 00:33:38,820 Your motion is denied. 770 00:33:42,580 --> 00:33:44,650 (WHISPERING) 771 00:33:51,390 --> 00:33:53,340 My clients want to talk. 772 00:33:53,390 --> 00:33:56,240 Before or after your spin session with the media? 773 00:33:56,960 --> 00:33:59,740 You hear what they have to say, I'll keep my mouth shut. 774 00:34:03,140 --> 00:34:05,240 Now this is off the record, right? 775 00:34:05,970 --> 00:34:09,750 We're not looking to sandbag your clients into an admission. 776 00:34:10,540 --> 00:34:12,790 Now, what happened in Harlem was nothing more 777 00:34:12,850 --> 00:34:15,190 than a tragic lapse of judgment. 778 00:34:15,620 --> 00:34:18,790 If that's true, we're prepared to take it into account. 779 00:34:19,920 --> 00:34:21,990 Can you be a little more specific? 780 00:34:23,820 --> 00:34:26,500 If you can convince me this wasn't malicious, 781 00:34:26,960 --> 00:34:28,370 we'll consider man two. 782 00:34:30,060 --> 00:34:33,140 It's still jail time. Maybe we should just take our chances. 783 00:34:33,200 --> 00:34:35,650 Earl, you got nothing to lose by putting it on the table. 784 00:34:35,700 --> 00:34:37,910 I got a bad feeling about this, Smitty. 785 00:34:42,510 --> 00:34:43,750 (SIGHING) 786 00:34:46,550 --> 00:34:50,080 The kid was driving erratically, so we decided to check him out. 787 00:34:51,120 --> 00:34:53,930 There was the odor of marijuana in his car. 788 00:34:55,720 --> 00:34:57,720 We tossed him, but he was clean. 789 00:34:57,790 --> 00:35:00,500 Then the kid started giving us attitude. (SCOFFS) 790 00:35:00,660 --> 00:35:03,500 Big mouth preppie in his 40,000 dollar car. 791 00:35:03,860 --> 00:35:06,240 Like he had a right to break the law. 792 00:35:06,300 --> 00:35:07,470 You know what he said? 793 00:35:09,270 --> 00:35:12,980 "Why don't you go up to Harlem and arrest some real criminals?" 794 00:35:15,110 --> 00:35:17,780 Me and Smitty decided to teach him a lesson. 795 00:35:17,840 --> 00:35:19,260 We never thought... 796 00:35:19,310 --> 00:35:20,920 It was just stupid. 797 00:35:22,150 --> 00:35:23,790 Stupid and wrong. 798 00:35:28,460 --> 00:35:30,090 What do you say, McCoy? 799 00:35:37,360 --> 00:35:39,110 Man two. Five-to-10. 800 00:35:42,140 --> 00:35:44,510 And you recommend protective custody? Mmm-hmm. 801 00:35:46,970 --> 00:35:48,350 Mr. McCoy, 802 00:35:50,110 --> 00:35:52,650 will you tell the kid's parents we're sorry? 803 00:35:53,910 --> 00:35:56,120 You can do that yourself 804 00:35:56,450 --> 00:35:58,260 when we take your plea. 805 00:36:06,560 --> 00:36:07,830 Five years? 806 00:36:07,960 --> 00:36:10,970 I knew you wouldn't be happy, Adam, but it's the right thing to do. 807 00:36:11,030 --> 00:36:12,770 They're responsible for the boy's death. 808 00:36:12,830 --> 00:36:14,870 They made a bad decision in the heat of the moment. 809 00:36:15,240 --> 00:36:16,680 I wanted top count here. 810 00:36:17,140 --> 00:36:19,010 They're saying it was an accident. 811 00:36:19,070 --> 00:36:21,580 The same reason Cook and Weathers got manslaughter. 812 00:36:21,680 --> 00:36:23,810 Smith and Flannery wear the uniform. 813 00:36:23,880 --> 00:36:25,320 They're supposed to know better. 814 00:36:26,310 --> 00:36:28,820 For all we know, they still have the feds to deal with. 815 00:36:28,880 --> 00:36:31,590 I'm not passing the buck to the justice department. 816 00:36:31,820 --> 00:36:33,920 So you sacrifice a couple of lambs? 817 00:36:35,160 --> 00:36:37,400 Your deal is throwing gas on a fire. 818 00:36:40,130 --> 00:36:41,830 I can't go back on my word. 819 00:36:42,300 --> 00:36:44,740 This city is bigger than your word. 820 00:36:44,800 --> 00:36:47,570 The police are gonna think twice before they pull a stunt like this again. 821 00:36:47,700 --> 00:36:50,050 You go back, you tell them the deal is off. 822 00:36:54,510 --> 00:36:56,040 MR. RILEY: We had a deal. 823 00:36:56,110 --> 00:36:57,520 I'm sorry. 824 00:36:57,580 --> 00:36:59,580 Is that code for, "I changed my mind?" 825 00:36:59,650 --> 00:37:00,750 It's out of my hands. 826 00:37:00,810 --> 00:37:03,850 Ah. So Adam Schiff is going for the jugular. 827 00:37:03,920 --> 00:37:06,020 I thought you had some juice over there, McCoy. 828 00:37:06,090 --> 00:37:08,120 It's not that simple, Mr. Riley. 829 00:37:08,190 --> 00:37:10,460 You reneging on my clients' statements, too? 830 00:37:10,520 --> 00:37:12,630 Don't worry. I won't try to admit them. 831 00:37:13,260 --> 00:37:15,000 What about your boss? 832 00:37:15,230 --> 00:37:17,040 (SCOFFS) I mean, if that's the way he's playing it, 833 00:37:17,100 --> 00:37:18,670 I'm moving to change venue to Albany. 834 00:37:18,870 --> 00:37:22,240 You think the Appellate Division will move this case out of Manhattan? 835 00:37:22,300 --> 00:37:25,840 Cooler heads up North, McCoy. Do you get my drift? 836 00:37:31,510 --> 00:37:32,850 They lost the dismissal motion. 837 00:37:32,910 --> 00:37:34,790 Change of venue is a "Hail Mary." 838 00:37:34,850 --> 00:37:36,590 I think it's a close call. 839 00:37:36,650 --> 00:37:39,060 You try this in Albany, they'll walk. 840 00:37:40,020 --> 00:37:43,090 You really think we need the home field advantage? 841 00:37:44,190 --> 00:37:47,070 Last time an Albany jury convicted a cop, 842 00:37:47,330 --> 00:37:49,140 I had a full head of black hair. 843 00:37:49,460 --> 00:37:50,810 It's not Simi Valley. 844 00:37:50,860 --> 00:37:54,310 It's not Manhattan. If there's a melting pot, this is it. 845 00:37:54,830 --> 00:37:57,580 A melting pot? It's more like a recipe for a conviction. 846 00:37:57,640 --> 00:37:59,010 Half the city hates the cops, 847 00:37:59,070 --> 00:38:01,420 the other half has never been north of 96th street. 848 00:38:01,470 --> 00:38:02,820 You moonlighting for the PBA? 849 00:38:02,880 --> 00:38:05,150 No, but enough is enough. 850 00:38:06,380 --> 00:38:08,420 We're not trying this in Albany. 851 00:38:17,720 --> 00:38:20,500 The Supreme Court has held that a defendant is entitled 852 00:38:20,560 --> 00:38:25,070 to a trial that is not dominated by a wave of public passion, 853 00:38:25,130 --> 00:38:28,010 and is not overwhelmed by press coverage. 854 00:38:29,000 --> 00:38:32,210 But this is exactly what's happening in this case, Your Honor. 855 00:38:33,010 --> 00:38:35,250 On the heels of two highly publicized 856 00:38:35,310 --> 00:38:37,480 police brutality cases in this city, 857 00:38:37,540 --> 00:38:40,960 my clients are presumed to be guilty instead of innocent. 858 00:38:41,010 --> 00:38:43,930 What's the relevance of these other matters, Counselor? 859 00:38:43,980 --> 00:38:46,460 Those cases set the tenor, Your Honor. 860 00:38:47,550 --> 00:38:50,360 Let's take a look at the press coverage that this is getting. 861 00:38:50,790 --> 00:38:55,210 Two officers walking a terrified white student down an uptown street. 862 00:38:55,730 --> 00:38:58,040 They're calling it, "A Harlem field trip." 863 00:38:58,100 --> 00:39:01,080 Over 1,900 references to the Tobin case in the print media, 864 00:39:01,130 --> 00:39:02,980 never mind local radio and TV. 865 00:39:03,300 --> 00:39:06,250 Any attempt to select an impartial jury in this jurisdiction 866 00:39:06,310 --> 00:39:08,880 is just a waste of everybody's time. 867 00:39:09,340 --> 00:39:10,550 Thank you. 868 00:39:15,750 --> 00:39:18,320 What's different in Albany? One thing. 869 00:39:18,990 --> 00:39:23,020 The courts there are a haven for police officers who break the law. 870 00:39:23,360 --> 00:39:27,240 The fact of the matter is, this was an equal opportunity crime. 871 00:39:27,290 --> 00:39:29,330 A black cop and a white cop 872 00:39:29,400 --> 00:39:31,900 overstepped their authority and it resulted in a murder. 873 00:39:32,570 --> 00:39:36,380 Are you suggesting that this incident doesn't arouse racial passions, Mr. McCoy? 874 00:39:36,470 --> 00:39:38,070 Wherever the case is tried, 875 00:39:38,140 --> 00:39:41,380 potential jurors come to jury duty with ideological baggage. 876 00:39:41,570 --> 00:39:43,610 Don't you think that this "baggage," as you put it, 877 00:39:43,680 --> 00:39:45,350 weighs a lot more in New York City? 878 00:39:45,410 --> 00:39:48,390 The point is, the passions in our community run the gamut. 879 00:39:48,450 --> 00:39:50,930 Do you dispute the point that the jury pool in Albany 880 00:39:50,980 --> 00:39:54,990 has been far less influenced by prior events and media coverage? 881 00:39:55,060 --> 00:39:56,260 No, I'll concede that point. 882 00:39:56,320 --> 00:39:58,500 But let's at least make the attempt 883 00:39:58,560 --> 00:40:01,200 to pick a fair jury in New York City before the court orders 884 00:40:01,260 --> 00:40:03,540 the drastic remedy of changing venue. 885 00:40:07,230 --> 00:40:10,040 Mr. McCoy has acknowledged the intensity 886 00:40:10,100 --> 00:40:12,670 of the public clamor that surrounds this case. 887 00:40:12,740 --> 00:40:15,050 And this court would be remiss to ignore it. 888 00:40:15,840 --> 00:40:19,920 If we choose to postpone our ruling, pending jury selection, 889 00:40:20,310 --> 00:40:23,660 the attention this matter receives will only increase. 890 00:40:24,150 --> 00:40:25,960 Let's get it right the first time. 891 00:40:26,190 --> 00:40:29,190 The court will err on the side of caution. 892 00:40:29,790 --> 00:40:33,030 The matter is transferred to the Supreme Court of the county of Albany. 893 00:40:33,690 --> 00:40:35,230 (INDIGNANT UPROAR) 894 00:40:35,930 --> 00:40:37,430 (JUDGE POUNDING GAVEL) 895 00:40:37,930 --> 00:40:40,810 Order! Order in the court! 896 00:40:50,080 --> 00:40:52,350 MAN: Mr. McCoy, care to comment on the court's decision? 897 00:40:52,410 --> 00:40:54,590 There's been enough said and written about this case. 898 00:40:54,650 --> 00:40:56,920 I won't take part in the feeding frenzy. 899 00:40:56,980 --> 00:40:58,660 Do you think you can get a fair shake in Albany? 900 00:40:58,720 --> 00:41:01,560 I answered that inside. Now, if you'll excuse me. 901 00:41:01,620 --> 00:41:03,460 Wait. One more question, please. 902 00:41:03,760 --> 00:41:05,430 Springtime in Albany. 903 00:41:05,490 --> 00:41:07,300 Maybe I'll meet a nice bureaucrat. 904 00:41:07,690 --> 00:41:09,700 Don't book the reception hall yet. 905 00:41:09,760 --> 00:41:11,500 There's no appeal, Jack. 906 00:41:11,560 --> 00:41:14,640 There's always the intervention of a higher authority. 907 00:41:16,300 --> 00:41:18,810 You concede the point? You played right into their hands. 908 00:41:18,870 --> 00:41:20,940 I was trying to salvage a draw from a defeat. 909 00:41:21,010 --> 00:41:25,580 You needed to tell them that a fair jury can be selected here. You blinked. 910 00:41:25,680 --> 00:41:27,210 It may seem like that on the cold record, Adam... 911 00:41:27,280 --> 00:41:30,120 Don't humor me. You tanked the motion 912 00:41:30,220 --> 00:41:33,690 because you had to protect your own precious credibility. 913 00:41:34,690 --> 00:41:36,430 We'll talk about it when I come back from Albany. 914 00:41:36,490 --> 00:41:38,490 Nobody's going to Albany. 915 00:41:39,360 --> 00:41:42,470 You're gonna get down on your hands and knees, you're gonna make that deal. 916 00:41:50,470 --> 00:41:53,710 If it was worth five-to-10 before, maybe it's worth probation now. 917 00:41:53,770 --> 00:41:56,720 Manhattan or not, it's still a murder case. 918 00:41:56,780 --> 00:41:57,950 A dead one. 919 00:41:59,350 --> 00:42:01,620 Adam Schiff got it right back in his face. 920 00:42:01,680 --> 00:42:03,750 You underestimate me, Mr. Riley. 921 00:42:03,820 --> 00:42:06,420 You underestimate the good citizens of Albany. 922 00:42:06,490 --> 00:42:09,730 Bring your gangbanger witness up to Volvo-land. See how far you get. 923 00:42:09,790 --> 00:42:11,560 My father was a cop, Mr. Riley. 924 00:42:11,620 --> 00:42:14,160 I think I know how to reach these people. 925 00:42:14,730 --> 00:42:17,140 I think they'll identify with the victim, 926 00:42:17,400 --> 00:42:18,880 not your clients. 927 00:42:18,970 --> 00:42:20,310 MR. RILEY: You're playing the race card? 928 00:42:20,370 --> 00:42:22,280 JACK: I'm making an observation. 929 00:42:22,340 --> 00:42:23,750 What if we don't want atrial? 930 00:42:23,800 --> 00:42:25,910 Don't get cold feet now, Earl. 931 00:42:30,110 --> 00:42:33,610 Yeah, man, don't sweat it. This is going upstate. 932 00:42:35,320 --> 00:42:37,300 Maybe that's good for you. 933 00:42:37,350 --> 00:42:40,890 Forget black and white. All these people see is blue. 934 00:42:41,520 --> 00:42:44,000 Is that why you became a cop, Officer Smith? 935 00:42:44,960 --> 00:42:46,870 To hide behind the uniform? 936 00:42:48,160 --> 00:42:49,700 No, it's not. 937 00:42:50,730 --> 00:42:53,110 You've already ruined your career. 938 00:42:54,300 --> 00:42:56,340 You go down for murder, 939 00:42:57,200 --> 00:42:59,740 you're looking at 25-to-life. 940 00:43:05,950 --> 00:43:07,790 What if we make a deal? 941 00:43:12,290 --> 00:43:13,820 Four-to-12. 942 00:43:15,220 --> 00:43:16,560 Three-to-nine. 943 00:43:17,790 --> 00:43:19,960 Or we start shopping for hotel rooms. 944 00:43:46,720 --> 00:43:50,000 The Smith and Flannery file, in case the feds come knocking. 945 00:43:50,060 --> 00:43:52,830 Cook and Weathers were sentenced. The case is off the front page. 946 00:43:52,890 --> 00:43:54,960 Yeah. Till the next one.