1 00:00:01,350 --> 00:00:03,090 NARRATOR: In the criminal justice system 2 00:00:03,150 --> 00:00:07,030 the people are represented by two separate yet equally important groups, 3 00:00:07,090 --> 00:00:08,930 the police who investigate crime 4 00:00:08,990 --> 00:00:11,760 and the district attorneys who prosecute the offenders. 5 00:00:11,820 --> 00:00:13,600 These are their stories. 6 00:00:14,890 --> 00:00:16,570 You talk to Mr. M about the fridge? 7 00:00:16,630 --> 00:00:18,840 He says we can take it when we're through today. 8 00:00:18,900 --> 00:00:21,610 Freddie's cousin's coming with his truck later. 9 00:00:21,670 --> 00:00:22,870 What about the AC? 10 00:00:22,930 --> 00:00:24,040 It's staying. 11 00:00:24,100 --> 00:00:25,510 Yeah, that figures. 12 00:00:25,570 --> 00:00:28,180 Yeah, it probably doesn't work anyway. 13 00:00:30,280 --> 00:00:33,260 Oh, my God. Eddie! 14 00:00:36,850 --> 00:00:38,560 CSU OFFICER: Asian male, late 40s. 15 00:00:38,620 --> 00:00:40,190 Multiple blows to the face and head. 16 00:00:40,250 --> 00:00:43,460 Multiple blows? The back of his head's crushed in. 17 00:00:43,520 --> 00:00:44,800 How long's he been dead? 18 00:00:44,860 --> 00:00:47,200 Rough guess, since last night, but it's hard to tell. 19 00:00:47,260 --> 00:00:48,570 It rained yesterday. 20 00:00:48,630 --> 00:00:49,970 Body's been sitting in a puddle. 21 00:00:50,030 --> 00:00:51,370 Any ID? 22 00:00:51,430 --> 00:00:54,430 Just 30, 40 bucks cash. Small change. 23 00:00:54,500 --> 00:00:56,340 And two soggy restaurant receipts. 24 00:00:56,400 --> 00:00:58,210 Writing's smudged from the water. 25 00:00:58,270 --> 00:01:02,120 Let me see. Looks like Chinese. Maybe that's his bike. 26 00:01:02,510 --> 00:01:03,510 Who lives here? 27 00:01:03,580 --> 00:01:04,680 It's vacant. 28 00:01:04,740 --> 00:01:07,280 Guys that discovered him were the painters. 29 00:01:07,350 --> 00:01:09,120 And he was found covered like this with the blanket? 30 00:01:09,180 --> 00:01:10,750 Same blanket fibers were on the door frame, 31 00:01:10,820 --> 00:01:12,020 and there's some blood spatter. 32 00:01:12,080 --> 00:01:13,960 He was done here. 33 00:01:14,020 --> 00:01:18,370 All right, round up the super or the handyman, whatever, and close all of this off. 34 00:01:18,420 --> 00:01:21,030 Now, why would a guy make a delivery to an empty apartment? 35 00:01:21,090 --> 00:01:22,770 Maybe he got dragged down there. 36 00:01:22,830 --> 00:01:24,330 Or pushed down. 37 00:01:24,400 --> 00:01:26,900 I want you to check with all the local Chinese take-outs. 38 00:01:26,970 --> 00:01:28,840 See if we can find out who this guy was. 39 00:01:28,900 --> 00:01:30,570 ED: Hey, Lennie. 40 00:01:30,640 --> 00:01:33,980 He must've been locking up and got jumped before he could finish. 41 00:01:34,040 --> 00:01:36,020 Well, he's finished now. 42 00:02:27,860 --> 00:02:30,700 We were married over 20 years. 43 00:02:32,030 --> 00:02:34,440 Owned the restaurant almost 10. 44 00:02:34,500 --> 00:02:36,070 I'm very sorry, Mrs. Ngai. 45 00:02:36,130 --> 00:02:37,700 We'll try and keep this short. 46 00:02:37,770 --> 00:02:38,770 Thank you. 47 00:02:38,840 --> 00:02:41,780 We do have a few questions, if you don't mind. 48 00:02:43,070 --> 00:02:45,650 You didn't report your husband missing last night? 49 00:02:45,710 --> 00:02:48,160 I thought he was sleeping here. 50 00:02:48,210 --> 00:02:49,690 Has he done that before? 51 00:02:49,750 --> 00:02:51,020 Many times. 52 00:02:51,480 --> 00:02:54,090 On Saturday, we open early. 53 00:02:54,620 --> 00:02:57,930 I don't like him to drive home so late by himself. 54 00:02:58,720 --> 00:03:01,800 By himself. So you'd left already? 55 00:03:01,860 --> 00:03:04,470 We were slow. It was raining. 56 00:03:06,200 --> 00:03:07,270 My husband sent me home. 57 00:03:07,700 --> 00:03:09,470 What time was that? 58 00:03:09,530 --> 00:03:10,710 10:00. 59 00:03:11,140 --> 00:03:13,140 Who else was here after that? 60 00:03:13,210 --> 00:03:15,450 Oh, Jenny, my niece. 61 00:03:15,940 --> 00:03:18,980 She takes the orders. Works the register. 62 00:03:21,550 --> 00:03:25,760 When you left, was that the last time you spoke to your husband? 63 00:03:27,050 --> 00:03:32,400 He called about 11:00 to make sure I got home okay. 64 00:03:33,230 --> 00:03:34,860 Why didn't he go with you? 65 00:03:34,930 --> 00:03:38,840 My husband worked 15 hours a day, seven days a week. 66 00:03:41,600 --> 00:03:43,640 Tommy never liked to close. 67 00:03:45,570 --> 00:03:47,020 Thanks, Mrs. Ngai. 68 00:03:47,070 --> 00:03:50,020 My uncle sent me home around 11:30. 69 00:03:50,080 --> 00:03:52,520 This probably came in after I left. 70 00:03:52,740 --> 00:03:55,020 Uncle Tommy must have taken the orders himself. 71 00:03:55,080 --> 00:03:56,960 Well, what about some other record of the addresses? 72 00:03:57,020 --> 00:03:59,890 I always write them down on the ticket and on the receipt. 73 00:04:01,650 --> 00:04:03,660 But there's nothing here. 74 00:04:04,390 --> 00:04:06,630 Unis canvassed the building and the two buildings adjacent. 75 00:04:06,690 --> 00:04:08,930 Two people ordered Chinese, but from different restaurants. 76 00:04:08,990 --> 00:04:10,370 Both of 'em got their food. 77 00:04:10,430 --> 00:04:11,570 So where was he going? 78 00:04:11,630 --> 00:04:14,300 Well, we think it's a little coincidental that the vic gets killed 79 00:04:14,370 --> 00:04:17,110 below street level in front of an apartment that nobody lives in. 80 00:04:17,170 --> 00:04:20,010 Well, if that's true, the perp had to know the apartment was vacant. 81 00:04:20,070 --> 00:04:21,380 And had access to a phone. 82 00:04:21,440 --> 00:04:24,050 Which doesn't mean he actually lives in that area. 83 00:04:24,110 --> 00:04:28,180 Now, preliminary forensics on the blanket looks like the contents of a sewer. 84 00:04:28,250 --> 00:04:29,250 A homeless guy. 85 00:04:29,310 --> 00:04:32,960 Well, the area in front of that door might have made a nice little shelter. 86 00:04:33,020 --> 00:04:35,500 All right, pull the IUDs from any payphones nearby, 87 00:04:35,550 --> 00:04:36,960 and let's talk to the tenants again. 88 00:04:37,020 --> 00:04:40,130 See if anyone saw someone hanging out last night. 89 00:04:41,860 --> 00:04:42,900 Last night, no. 90 00:04:42,960 --> 00:04:45,340 But there's a guy who sleeps down there sometimes. 91 00:04:45,400 --> 00:04:47,880 I see him every once in a while on my way to work in the morning. 92 00:04:47,930 --> 00:04:49,100 How long has that been? 93 00:04:49,170 --> 00:04:51,510 Off and on, I'd say a couple of months. 94 00:04:51,570 --> 00:04:53,010 Did you get a good look at him? 95 00:04:53,070 --> 00:04:54,210 (SCOFFS) I never look. 96 00:04:54,270 --> 00:04:56,450 I mean, who wants to make eye contact? 97 00:04:56,510 --> 00:04:59,550 But I hear the tenant that used to live there had trouble with him. 98 00:04:59,610 --> 00:05:00,610 You know this tenant? 99 00:05:00,680 --> 00:05:02,280 No. Young kid. 100 00:05:02,350 --> 00:05:04,920 Nice enough. Quiet. Lived with his girlfriend. 101 00:05:05,250 --> 00:05:07,130 Any idea where they moved to? No. 102 00:05:07,190 --> 00:05:08,690 I'm sure the landlord can tell you. 103 00:05:08,750 --> 00:05:09,750 Thanks. 104 00:05:10,220 --> 00:05:12,170 Doorman makes all the difference, you know. 105 00:05:12,220 --> 00:05:13,530 I couldn't even get packages before. 106 00:05:13,590 --> 00:05:14,700 Had to go to the post office. 107 00:05:14,760 --> 00:05:16,300 What about this homeless guy? 108 00:05:16,360 --> 00:05:18,030 Late 50s, I think. White guy. 109 00:05:18,100 --> 00:05:20,440 We'd open the door to go to work and he'd just be there. 110 00:05:20,500 --> 00:05:21,530 ED: So you moved out? Mmm-hmm. 111 00:05:21,600 --> 00:05:22,810 We called the police a couple of times. 112 00:05:22,870 --> 00:05:23,940 They even got him to leave once. 113 00:05:24,000 --> 00:05:26,140 But a few days later he came back, and he was pissed. 114 00:05:26,200 --> 00:05:28,180 He threatened you? Just yelled a lot 115 00:05:28,240 --> 00:05:29,980 and went on about how he had fought for my freedom, 116 00:05:30,040 --> 00:05:31,710 and now I don't even let him sleep in my doorway. 117 00:05:31,780 --> 00:05:33,120 EMILY: It sort of freaked me out. 118 00:05:33,180 --> 00:05:35,020 We started looking for another place right away. 119 00:05:35,080 --> 00:05:37,320 Sounds like we lucked out, huh? 120 00:05:41,520 --> 00:05:44,260 We took 42 smudges. Twelve usable prints off the frame, 121 00:05:44,320 --> 00:05:46,670 22 off the door, three show up with sheets. 122 00:05:46,730 --> 00:05:47,760 Felonies. 123 00:05:47,830 --> 00:05:50,900 We got a witness who says our guy might have been in the armed forces. 124 00:05:50,960 --> 00:05:55,340 Yeah, so I ran the prints through the defense department's database. 125 00:05:55,400 --> 00:05:56,940 Your witness was right. 126 00:05:57,000 --> 00:05:58,810 "Marvin Warner, Sergeant. 127 00:05:59,070 --> 00:06:01,350 "Honorably discharged, May '76." (CELL PHONE RINGING) 128 00:06:01,410 --> 00:06:03,410 Two misdemeanor loitering charges. 129 00:06:03,480 --> 00:06:04,850 Sounds like our guy. 130 00:06:04,910 --> 00:06:06,080 Green. 131 00:06:06,980 --> 00:06:10,260 We're gonna need the photo from his last arrest. 132 00:06:11,480 --> 00:06:13,330 I'll get you a printout. 133 00:06:13,390 --> 00:06:15,330 Okay. Okay, thank you. 134 00:06:15,390 --> 00:06:17,060 Lennie, that was Mrs. Ngai. 135 00:06:17,120 --> 00:06:19,600 She said somebody called the restaurant on Friday about an order placed. 136 00:06:19,660 --> 00:06:22,900 He never got his food, and he wanted to make sure the girl that took the order 137 00:06:22,960 --> 00:06:25,340 didn't charge his credit card. 138 00:06:25,400 --> 00:06:26,900 Thanks. Thanks. 139 00:06:28,330 --> 00:06:30,610 ED: You told me you left at 11:30. 140 00:06:30,670 --> 00:06:32,050 I did. This man's wrong. 141 00:06:32,100 --> 00:06:34,210 He said you took his credit card number. 142 00:06:34,270 --> 00:06:38,080 Which means we're gonna get a validation from the credit card company and the time. 143 00:06:38,710 --> 00:06:42,020 So, if there's something you know, you should tell us. 144 00:06:42,850 --> 00:06:46,760 I'm sorry. It's my fault Uncle Tommy got killed. 145 00:06:47,650 --> 00:06:49,030 Uh, what do you mean? 146 00:06:49,090 --> 00:06:50,790 I'm supposed to take call-back numbers 147 00:06:50,860 --> 00:06:52,530 to make sure that the orders are real. 148 00:06:52,590 --> 00:06:55,260 But it was late. I forgot. 149 00:06:55,330 --> 00:06:57,310 How could you have known? 150 00:06:57,600 --> 00:07:00,040 You told me that you write the addresses down on the tickets. 151 00:07:00,100 --> 00:07:02,240 I put them in my coat pocket. 152 00:07:05,740 --> 00:07:07,220 I'm so sorry. 153 00:07:11,210 --> 00:07:15,750 "631 East 12th. 110 East 2nd Street, basement apartment." 154 00:07:17,220 --> 00:07:20,890 So whoever called in the order definitely knew about the apartment. 155 00:07:20,950 --> 00:07:22,630 Which doesn't eliminate the homeless guy. 156 00:07:22,690 --> 00:07:25,790 Yeah, but we got zip on the IUDs from the payphones, 157 00:07:25,860 --> 00:07:28,300 and the addresses from his priors are bogus. 158 00:07:28,360 --> 00:07:30,340 So what are we doing to find this guy? 159 00:07:30,400 --> 00:07:33,000 We got unis checking the parks and the shelters in the area. 160 00:07:33,060 --> 00:07:35,510 And his arrest photo's circulating the neighborhood. 161 00:07:35,570 --> 00:07:36,940 Well, he's a veteran, right? 162 00:07:37,000 --> 00:07:39,480 How about we check the VA hospital? 163 00:07:39,540 --> 00:07:41,570 ED: I'll check their outpatient lists. 164 00:07:46,210 --> 00:07:47,210 Yes? 165 00:07:47,280 --> 00:07:48,590 New York City police, ma'am. 166 00:07:48,650 --> 00:07:50,130 Is there a Marvin Warner living here? 167 00:07:50,180 --> 00:07:51,460 (BARKING) 168 00:07:55,450 --> 00:07:58,870 Marvin's my brother but he doesn't live here. 169 00:08:00,190 --> 00:08:02,330 (SIGHS) Is he in some sort of trouble? 170 00:08:02,390 --> 00:08:04,170 Well, we think he just might be able to help us 171 00:08:04,230 --> 00:08:05,800 with an investigation we're conducting. 172 00:08:05,860 --> 00:08:07,310 An investigation about what? 173 00:08:07,370 --> 00:08:09,740 We just need to ask him some questions, ma'am. 174 00:08:10,670 --> 00:08:12,740 I don't know where he is. Nobody's looking to hurt him. 175 00:08:12,800 --> 00:08:14,880 Yeah, well, how do I know that? 176 00:08:14,940 --> 00:08:16,380 (EXHALES) 177 00:08:16,440 --> 00:08:18,610 My brother has had a difficult life. 178 00:08:18,680 --> 00:08:20,120 Ma'am, I was in the service, too. 179 00:08:20,180 --> 00:08:22,890 I know the transition back can be very hard. 180 00:08:22,950 --> 00:08:26,120 But please, let us talk to him before he really does get hurt. 181 00:08:30,120 --> 00:08:31,900 If he's in the city, 182 00:08:32,290 --> 00:08:36,260 he likes to panhandle at a bodega on 9th and Avenue A. 183 00:08:37,360 --> 00:08:40,940 When our mother died a year ago, that's where I found him. 184 00:08:41,570 --> 00:08:45,210 Guy works 15 hours a day, winds up in a puddle in the rain. 185 00:08:45,270 --> 00:08:47,050 Hmm. He left his mark, though. 186 00:08:47,110 --> 00:08:49,810 Three kids. Business that supports two families. 187 00:08:49,870 --> 00:08:52,050 Hey, check it out. Here comes Sergeant Slaughter. 188 00:08:52,110 --> 00:08:53,250 (CAR DOOR OPENS) 189 00:08:58,420 --> 00:08:59,920 Marvin Warner? 190 00:09:00,550 --> 00:09:03,000 They must be from the prize patrol. 191 00:09:03,050 --> 00:09:04,330 Ed, tell him what he's won. 192 00:09:04,390 --> 00:09:06,490 You've just won a fabulous time-share upstate. 193 00:09:06,560 --> 00:09:07,800 Come on. 194 00:09:09,290 --> 00:09:12,330 I didn't rob anyone and I didn't kill anyone. 195 00:09:12,400 --> 00:09:13,670 BRISCOE: Well, we got a witness who says 196 00:09:13,730 --> 00:09:16,370 you're a pretty belligerent guy, Marvin. 197 00:09:16,430 --> 00:09:17,440 What witness? 198 00:09:17,500 --> 00:09:19,570 The tenant who used to live in the basement apartment. 199 00:09:19,640 --> 00:09:22,640 Oh, the dot-com kid? Piece of crap. 200 00:09:22,710 --> 00:09:24,350 Him and the girl. 201 00:09:24,910 --> 00:09:27,650 How does it hurt them, me trying to stay out of the weather? 202 00:09:27,710 --> 00:09:29,420 There's shelters for that. 203 00:09:29,480 --> 00:09:31,150 I'm not an animal. 204 00:09:31,920 --> 00:09:35,560 I served my country. I deserve better than that. 205 00:09:35,620 --> 00:09:38,530 Yeah? And what about Mr. Ngai? 206 00:09:39,320 --> 00:09:40,500 Didn't he deserve better? 207 00:09:40,560 --> 00:09:42,660 I told you, I don't know what you're talking about. 208 00:09:42,730 --> 00:09:45,500 Your blanket was wrapped around his head. 209 00:09:45,800 --> 00:09:48,440 You must've been pretty hungry to trade a nice warm blanket 210 00:09:48,500 --> 00:09:50,070 for some cold Chinese food. 211 00:09:50,130 --> 00:09:52,480 You want to know about my blanket? 212 00:09:52,540 --> 00:09:54,850 Well, how about you just ask those kids? 213 00:09:54,910 --> 00:09:56,410 ED: What kids? 214 00:09:56,870 --> 00:09:59,720 The kids that kicked me off of the landing. 215 00:10:00,310 --> 00:10:03,420 I was hanging out there, same as usual, 216 00:10:03,480 --> 00:10:05,890 and these punks come by. 217 00:10:06,220 --> 00:10:07,390 How many? 218 00:10:07,450 --> 00:10:08,520 Four or five. 219 00:10:08,590 --> 00:10:10,760 Just tell me to take a walk. 220 00:10:10,820 --> 00:10:13,200 I put up a pretty good fight, too. 221 00:10:13,260 --> 00:10:15,740 Only it was four against one. 222 00:10:16,360 --> 00:10:18,710 They wouldn't even let me keep my blanket. 223 00:10:18,760 --> 00:10:19,830 What time was this? 224 00:10:20,430 --> 00:10:23,000 Well, I don't know, but it was still raining. 225 00:10:23,070 --> 00:10:24,240 What'd these kids look like? 226 00:10:24,940 --> 00:10:27,470 Kids. Just, you know, regular kids. 227 00:10:27,540 --> 00:10:32,180 It was a girl and four guys. Yeah, teenagers. 228 00:10:33,180 --> 00:10:34,880 Had you seen them there before? 229 00:10:35,250 --> 00:10:36,280 No. 230 00:10:37,620 --> 00:10:41,690 But the little bitch they had with 'em, she had a key to the place. 231 00:10:45,690 --> 00:10:47,500 So we're buying Warner's story? 232 00:10:47,560 --> 00:10:50,770 We got a lady on the first floor thought she heard some arguing earlier that night. 233 00:10:50,830 --> 00:10:52,470 Which makes Warner's timing right. 234 00:10:52,530 --> 00:10:54,170 What do we have on these kids? 235 00:10:54,230 --> 00:10:55,970 BRISCOE: Just a neighbor from the canvass. 236 00:10:56,030 --> 00:10:58,410 Says he saw a bunch of kids getting into a blue car 237 00:10:58,470 --> 00:10:59,970 while he was walking his dog. 238 00:11:00,040 --> 00:11:03,210 No make, no plates. That was around 12:30 a.m. 239 00:11:03,270 --> 00:11:04,620 What is this, a thrill killing? 240 00:11:04,680 --> 00:11:06,450 ED: Well, it doesn't look like an accident. 241 00:11:06,510 --> 00:11:08,620 Well, how did they know about the apartment? 242 00:11:09,010 --> 00:11:10,920 How did they get a key? 243 00:11:11,880 --> 00:11:14,260 Look, I haven't been down here since Friday morning. 244 00:11:14,320 --> 00:11:18,160 I'm supposed to have the place painted Saturday, and then this. 245 00:11:18,590 --> 00:11:22,400 I can promise you, none of this stuff was here Friday morning. 246 00:11:25,000 --> 00:11:26,500 Hwa Ying restaurant. 247 00:11:26,560 --> 00:11:27,770 Who else has keys? 248 00:11:28,100 --> 00:11:30,410 Landlord, me, and I gave a key to the tile guy. 249 00:11:30,470 --> 00:11:31,470 ED: Tile guy? 250 00:11:31,540 --> 00:11:32,670 Yeah, we're trying to raise the rent. 251 00:11:33,270 --> 00:11:34,380 And when was he here? 252 00:11:34,440 --> 00:11:35,650 Friday afternoon. 253 00:11:35,710 --> 00:11:37,950 I gave him the key and told him to lock up when he was done. 254 00:11:38,010 --> 00:11:39,040 ED: Did he return it? 255 00:11:39,110 --> 00:11:40,610 Yeah, it was in my box Friday night. 256 00:11:40,680 --> 00:11:42,060 It's the one I gave the painters. 257 00:11:42,110 --> 00:11:44,020 Who is this tile guy? 258 00:11:44,080 --> 00:11:46,190 I got his card in my office. 259 00:11:47,420 --> 00:11:50,160 Meantime, nobody comes in or out of here. 260 00:11:51,890 --> 00:11:52,960 I left at 7:00. 261 00:11:53,020 --> 00:11:54,440 Anyone confirm that? 262 00:11:54,490 --> 00:11:56,060 My wife. I was home by 8:00. 263 00:11:56,130 --> 00:11:57,610 You give the key to anybody? 264 00:11:57,660 --> 00:11:59,570 No. I put it in the box. 265 00:12:03,470 --> 00:12:05,680 Kid came by, though, just as I was leaving. 266 00:12:05,740 --> 00:12:07,080 Yeah? What did he want? 267 00:12:07,140 --> 00:12:11,850 Looking for someone. Think he said Mitch, Mike, something like that. 268 00:12:12,580 --> 00:12:15,580 Said he was a friend of the guy who used to live there. 269 00:12:16,110 --> 00:12:18,490 We haven't been back to the apartment since the end of the month. 270 00:12:18,550 --> 00:12:20,860 So you don't know anything about this kid that came by Friday evening 271 00:12:20,920 --> 00:12:22,520 saying he knew you? Absolutely not. 272 00:12:22,590 --> 00:12:24,260 What about Mitch or Mike? 273 00:12:24,320 --> 00:12:25,730 You know anybody by those names? 274 00:12:25,790 --> 00:12:26,960 Mitch? 275 00:12:27,260 --> 00:12:28,430 You sure he said Mitch? 276 00:12:28,490 --> 00:12:29,940 ED: Who is Mitch? Heather's boyfriend? 277 00:12:29,990 --> 00:12:32,130 You want to fill us in here? 278 00:12:32,200 --> 00:12:33,900 Well, the weekend we were supposed to move out, 279 00:12:33,970 --> 00:12:35,880 this place wasn't ready yet, so we went to a hotel. 280 00:12:35,930 --> 00:12:36,930 I had everything packed. 281 00:12:37,000 --> 00:12:39,140 I told my sister she can use the apartment for the weekend. 282 00:12:39,200 --> 00:12:40,440 With her boyfriend. 283 00:12:40,510 --> 00:12:42,010 Mitch. KEVIN: I gave Heather the key. 284 00:12:42,070 --> 00:12:43,980 Told her to leave it with the super after the movers were done. 285 00:12:44,040 --> 00:12:45,320 Maybe that was a mistake. 286 00:12:45,380 --> 00:12:46,480 She's going to college next year. 287 00:12:46,540 --> 00:12:48,150 I think she's capable of handing in a set of keys. 288 00:12:48,210 --> 00:12:50,190 Let's talk about it later, okay? Honey, please. 289 00:12:50,620 --> 00:12:52,930 I did give the keys back I left them in the super's box. 290 00:12:52,980 --> 00:12:54,900 He never got them. Well, then I don't know. 291 00:12:54,950 --> 00:12:57,330 Hey, somebody stopped by that apartment on Friday night 292 00:12:57,390 --> 00:12:58,460 saying he was looking for Mitch. 293 00:12:58,520 --> 00:12:59,520 So? 294 00:12:59,590 --> 00:13:03,330 So you're saying somebody looking for your boyfriend was just a coincidence? 295 00:13:03,660 --> 00:13:07,270 You two didn't kind of like extend your stay, did you, Heather? 296 00:13:07,330 --> 00:13:08,670 Where were you Friday night? 297 00:13:08,730 --> 00:13:10,740 Some clubs in the city. With Mitch? 298 00:13:10,800 --> 00:13:12,210 Chris Donnels, some others. 299 00:13:12,270 --> 00:13:14,150 All right, we're gonna need their names and addresses. 300 00:13:14,210 --> 00:13:17,880 My mother and father knew where I was the whole night You can ask them. 301 00:13:19,040 --> 00:13:22,620 I paged her around 11:00. She called me right back. 302 00:13:22,680 --> 00:13:25,460 We gave her her own cell phone so we could keep track of her. 303 00:13:25,520 --> 00:13:28,520 Just because she called doesn't mean she wasn't getting into trouble. 304 00:13:28,590 --> 00:13:31,830 She was home by 2:00. I was up. I saw her come in. 305 00:13:31,890 --> 00:13:33,870 ED: What about between 11:30 and 12:30? 306 00:13:33,930 --> 00:13:34,930 Why? 307 00:13:34,990 --> 00:13:37,170 ED: We have witnesses that may have seen Heather 308 00:13:37,230 --> 00:13:39,040 at your son's old apartment on Friday night. 309 00:13:39,100 --> 00:13:40,400 MRS. RUSSO: Kevin's apartment? 310 00:13:40,460 --> 00:13:41,470 Mmm-hmm. 311 00:13:41,530 --> 00:13:42,910 MR. RUSSO: May have seen her do what? 312 00:13:42,970 --> 00:13:45,380 Why should you be at Kevin's old apartment? 313 00:13:45,440 --> 00:13:47,140 May have seen her do what? 314 00:13:47,210 --> 00:13:48,580 We're trying to sort that out. 315 00:13:48,640 --> 00:13:50,850 Somebody also came by looking for Mitch. 316 00:13:51,510 --> 00:13:52,920 Mitch Regan? 317 00:13:53,480 --> 00:13:55,220 If they were looking for Mitch Regan, 318 00:13:55,280 --> 00:13:58,490 maybe you should be talking to him and not our daughter. 319 00:13:59,520 --> 00:14:02,400 Look, Mitch is working right now at the store with his father. 320 00:14:02,450 --> 00:14:04,590 Can't this wait? Well, when do you expect him? 321 00:14:04,660 --> 00:14:07,230 I still don't understand why you want to talk to him. 322 00:14:07,290 --> 00:14:08,770 I mean, was he in an accident or something? 323 00:14:08,830 --> 00:14:10,740 We just want to look in the car, ma'am. 324 00:14:10,800 --> 00:14:13,140 We can call in a warrant, but then we're going to have to take the car. 325 00:14:13,200 --> 00:14:15,640 Oh, no, no, no. Don't take the car. 326 00:14:22,540 --> 00:14:24,710 Do you know where your son was Friday night, Mrs. Regan? 327 00:14:24,780 --> 00:14:26,810 Please, what is this about? 328 00:14:28,680 --> 00:14:30,720 Look, he's a good kid. 329 00:14:30,780 --> 00:14:33,520 I mean, if you're looking for drugs or something, you're not gonna find it. 330 00:14:35,320 --> 00:14:37,360 What is it? What did you find? 331 00:14:37,420 --> 00:14:39,300 Looks like a snow pea. 332 00:14:40,060 --> 00:14:42,440 I was at a club. I didn't go anywhere near that apartment. 333 00:14:42,490 --> 00:14:44,670 Then why'd this kid come looking for you there? 334 00:14:44,730 --> 00:14:46,210 I don't know. 335 00:14:46,400 --> 00:14:50,680 Hey, look, maybe the last couple of weekends I was there with Heather. 336 00:14:50,740 --> 00:14:52,340 Chris probably just got the night wrong. 337 00:14:52,400 --> 00:14:53,440 Chris? 338 00:14:53,500 --> 00:14:54,510 You mean Chris Donnels? 339 00:14:54,570 --> 00:14:56,450 How'd you know we were talking about him? 340 00:14:57,070 --> 00:14:58,520 You remember the homeless guy? 341 00:14:58,580 --> 00:14:59,580 I don't know. 342 00:14:59,640 --> 00:15:00,680 BRISCOE: Oh, sure you do. 343 00:15:00,750 --> 00:15:02,520 We got a witness who said you and your little buddies 344 00:15:02,580 --> 00:15:03,890 roughed him up that night, too. 345 00:15:05,150 --> 00:15:07,060 Maybe you remember his blanket. 346 00:15:07,120 --> 00:15:08,620 I don't know anything about this. 347 00:15:08,690 --> 00:15:10,530 That ain't gonna fly no more, Mitch. 348 00:15:10,590 --> 00:15:14,060 We found Chinese food in your Mustang, Mitch. 349 00:15:14,130 --> 00:15:17,970 The lab is working on every article of clothing you own right now. 350 00:15:18,030 --> 00:15:20,240 We're gonna check out every phone call you made. 351 00:15:20,300 --> 00:15:21,940 You think we're not gonna find out what happened? 352 00:15:22,000 --> 00:15:24,880 And when we do, who do you think's gonna do the time? 353 00:15:24,940 --> 00:15:26,350 Huh? Heather? 354 00:15:27,200 --> 00:15:29,210 Look, it wasn't me, okay? 355 00:15:29,610 --> 00:15:30,780 I wasn't the one that hit him. 356 00:15:30,840 --> 00:15:31,840 Then who did? 357 00:15:34,910 --> 00:15:36,910 We didn't have enough money to pay for the food. 358 00:15:36,980 --> 00:15:38,520 ED: Who's "we"? 359 00:15:39,280 --> 00:15:41,320 Me, Heather, 360 00:15:43,450 --> 00:15:46,560 Peter Franco, Chris Donnels and Nick Simms. 361 00:15:48,090 --> 00:15:50,300 Look, the Chinese guy got upset. 362 00:15:50,360 --> 00:15:52,270 There was some shoving. 363 00:15:53,970 --> 00:15:55,000 Pete hit him. 364 00:15:56,270 --> 00:15:57,750 Peter Franco. 365 00:15:58,400 --> 00:16:01,140 I told him to stop, but it was too late. 366 00:16:01,210 --> 00:16:03,010 But he didn't mean to kill the guy. 367 00:16:03,070 --> 00:16:04,990 What about the blanket? 368 00:16:05,380 --> 00:16:07,910 I put it over him afterwards, out of respect. 369 00:16:09,010 --> 00:16:12,220 Look, I swear, that's all I did. I wasn't involved. 370 00:16:20,320 --> 00:16:22,740 This kid was more than just there. 371 00:16:22,790 --> 00:16:25,970 Lied through his teeth until he found out you had the goods on him. 372 00:16:26,030 --> 00:16:27,600 I think we got our doer. 373 00:16:27,670 --> 00:16:30,510 The kid played too many angles before he finally came clean. 374 00:16:30,570 --> 00:16:33,140 Even then, he had the presence of mind to blame someone else. 375 00:16:33,200 --> 00:16:35,410 Hey, what are friends for? 376 00:16:35,470 --> 00:16:36,510 Charge him with murder. 377 00:16:36,570 --> 00:16:40,180 A person doesn't lose the back of his skull unless his killer intends him to. 378 00:16:40,240 --> 00:16:41,250 BRISCOE: What about the girlfriend? 379 00:16:41,310 --> 00:16:42,550 IUDs from her cell phone. 380 00:16:42,610 --> 00:16:44,590 11:40 call to restaurant. 381 00:16:44,880 --> 00:16:47,490 Which means we can place them all at the scene. 382 00:16:47,550 --> 00:16:49,760 Pick 'em up. We'll see how it shakes out. 383 00:16:53,090 --> 00:16:54,090 Is your daughter here? 384 00:16:54,160 --> 00:16:55,400 She's eating dinner. 385 00:16:55,460 --> 00:16:57,800 We have a warrant for her arrest. 386 00:17:00,530 --> 00:17:01,940 What the hell's going on? 387 00:17:02,000 --> 00:17:04,210 Heather Russo, you're under arrest for murder. 388 00:17:04,270 --> 00:17:05,540 She's not going anywhere with you. 389 00:17:05,600 --> 00:17:07,240 Don't make this any harder than it has to be. 390 00:17:07,300 --> 00:17:08,510 Bob, don't, please. 391 00:17:08,570 --> 00:17:10,450 On your feet, Heather. 392 00:17:11,980 --> 00:17:13,320 I'm sorry. 393 00:17:13,380 --> 00:17:14,720 You have the right to remain silent. 394 00:17:14,780 --> 00:17:16,490 Anything you do say, can and will be used 395 00:17:16,550 --> 00:17:18,150 against you in a court of law. 396 00:17:20,920 --> 00:17:22,990 "Docket ending 316 of 2,000." 397 00:17:23,050 --> 00:17:26,230 "People against Peter Franco, Chris Donnels, Nick Simms," 398 00:17:26,290 --> 00:17:27,830 "Heather Russo and Mitch Regan." 399 00:17:27,890 --> 00:17:29,840 I'll hear you as to the facts, Ms. Carmichael. 400 00:17:29,890 --> 00:17:32,500 Your Honor, the victim in this case, Thomas Ngai, 401 00:17:32,560 --> 00:17:34,300 was the owner of a Chinese restaurant. 402 00:17:34,370 --> 00:17:36,680 Late Friday night, while making a delivery to an apartment 403 00:17:36,730 --> 00:17:39,370 previously leased by the defendant Russo's brother, 404 00:17:39,440 --> 00:17:42,680 he was savagely attacked, robbed and killed by the defendants. 405 00:17:42,740 --> 00:17:43,740 What was taken? 406 00:17:43,810 --> 00:17:45,190 CARMICHAEL: Apparently just the food they ordered. 407 00:17:45,240 --> 00:17:46,920 I didn't do anything. I didn't... 408 00:17:46,980 --> 00:17:50,120 Counselor, I suggest you tell your client to shut his mouth. 409 00:17:50,720 --> 00:17:52,060 What about the girl? What'd she do? 410 00:17:52,120 --> 00:17:53,530 CARMICHAEL: We believe her to be the individual 411 00:17:53,580 --> 00:17:55,960 who placed the order to the restaurant from her cell phone, 412 00:17:56,020 --> 00:17:57,830 luring the victim to the apartment. 413 00:17:57,890 --> 00:17:59,490 Your Honor, because murder in the First Degree 414 00:17:59,560 --> 00:18:02,830 requires a defendant to be 18 years or older at the time of the crime, 415 00:18:02,890 --> 00:18:06,360 the defendant Regan is the only one before you charged with a capital crime. 416 00:18:06,430 --> 00:18:08,910 However, the People are requesting remand as to each defendant. 417 00:18:08,970 --> 00:18:12,110 These are still teenagers, Your Honor. First arrests for each. 418 00:18:12,170 --> 00:18:14,580 CARMICHAEL: Defendant Regan has a juvenile record for assault. 419 00:18:14,640 --> 00:18:16,120 Those records are sealed, Your Honor. 420 00:18:16,170 --> 00:18:19,950 And the People will be making an application to unseal right after this arraignment. 421 00:18:20,010 --> 00:18:22,990 First arrests or not, they're certainly starting off at the top. 422 00:18:23,050 --> 00:18:26,860 Your Honor... I'm not going to try this case here, Counselor. 423 00:18:26,920 --> 00:18:28,860 Defendant Regan is remanded. 424 00:18:28,920 --> 00:18:34,030 Bail is set at $250,000 as to Franco, Donnels, Simms and Russo. 425 00:18:34,090 --> 00:18:35,160 This is outrageous. 426 00:18:35,230 --> 00:18:37,540 Yes, Counselor, it certainly is. 427 00:18:41,670 --> 00:18:43,470 Let the games begin. 428 00:18:46,300 --> 00:18:48,080 Motions for severance. 429 00:18:48,140 --> 00:18:50,280 Like rats off a sinking ship. 430 00:18:51,080 --> 00:18:53,680 Donnels and Franco claim Regan did it. 431 00:18:55,080 --> 00:18:57,390 Regan points the finger back at them. 432 00:18:57,450 --> 00:19:01,450 And Heather Russo is waiting to see which way the wind is blowing. 433 00:19:01,890 --> 00:19:03,800 Which leaves Mr. Simms. 434 00:19:06,360 --> 00:19:08,500 At this point, he's not prepared to make any statement. 435 00:19:08,560 --> 00:19:13,030 I'm not looking for a statement, Counselor, I'm looking for cooperation. 436 00:19:13,100 --> 00:19:16,700 If I don't get it from him, you can bet I'll get it from someone else. 437 00:19:16,770 --> 00:19:18,910 So far, no one's pointed a finger at you. 438 00:19:18,970 --> 00:19:22,580 Once they do, you become just another member of the pack. 439 00:19:23,910 --> 00:19:25,480 What are you offering? 440 00:19:25,980 --> 00:19:27,720 A top and a bottom. 441 00:19:28,880 --> 00:19:30,650 If he was involved in any way in the murder, 442 00:19:30,710 --> 00:19:33,160 man one and he serves five-to-15. 443 00:19:34,020 --> 00:19:37,470 If he was just there, six months and probation. 444 00:19:37,760 --> 00:19:39,360 Six months just for being there? 445 00:19:39,420 --> 00:19:41,700 No one walks on this, Counselor. 446 00:19:41,760 --> 00:19:45,470 A man lost his life. A woman lost her husband. 447 00:19:46,000 --> 00:19:48,640 Three small children lost their father. 448 00:19:49,270 --> 00:19:52,210 I'm giving him this one chance to tell me why. 449 00:20:00,950 --> 00:20:02,820 It wasn't supposed to be like that. 450 00:20:02,880 --> 00:20:05,190 CARMICHAEL: You mean like murder? 451 00:20:05,250 --> 00:20:07,750 We just went into the city to have a good time, you know? 452 00:20:07,820 --> 00:20:10,390 Killing a man's a strange way of having a good time. 453 00:20:12,460 --> 00:20:17,060 We were at the apartment, drinking some beers, smoking, and just hanging out. 454 00:20:17,130 --> 00:20:21,340 And I think it was Pete, Peter Franco, who said he was hungry, 455 00:20:21,730 --> 00:20:23,730 but no one had any money. 456 00:20:23,930 --> 00:20:28,210 So Mitch said we should call some Chinese place and order some food. 457 00:20:28,540 --> 00:20:29,850 How were you going to pay? 458 00:20:29,910 --> 00:20:33,620 SIMMS: We weren't. We were gonna just take off with the food. 459 00:20:33,680 --> 00:20:35,280 So you were gonna rob him? 460 00:20:36,910 --> 00:20:38,550 When the guy showed up, Pete and Chris 461 00:20:38,620 --> 00:20:42,860 threw this old blanket over him that we'd taken off some homeless guy. 462 00:20:44,220 --> 00:20:46,600 And then they knocked him downstairs. 463 00:20:46,660 --> 00:20:47,860 Where were you when this happened? 464 00:20:47,930 --> 00:20:50,530 With Mitch, just inside the apartment. 465 00:20:52,560 --> 00:20:54,440 When he fell, the guy tried to get up, 466 00:20:54,500 --> 00:20:57,600 but Mitch wrestled him to the ground 467 00:20:58,170 --> 00:21:04,450 and then Pete and Chris and Mitch they were all hitting him. 468 00:21:07,510 --> 00:21:09,620 And finally, he stayed down. 469 00:21:11,220 --> 00:21:12,920 Only he wasn't dead yet. 470 00:21:12,980 --> 00:21:15,490 The forensic report indicates 471 00:21:15,550 --> 00:21:20,430 a considerable period of time passed before another single blow smashed his skull. 472 00:21:20,720 --> 00:21:21,930 Probably minutes. 473 00:21:21,990 --> 00:21:23,370 LEWIN: What forensics? 474 00:21:23,430 --> 00:21:25,100 He threw up under the blanket. 475 00:21:25,160 --> 00:21:28,540 Simms said they could hear him moaning, pleading for his life. 476 00:21:28,600 --> 00:21:29,870 Dear God. 477 00:21:29,930 --> 00:21:32,680 That's when Mitch Regan said that Ngai had seen their faces, 478 00:21:32,740 --> 00:21:35,740 and that if they didn't want to go to jail they'd have to kill him. 479 00:21:35,810 --> 00:21:38,650 While they argued about that, Ngai started retching. 480 00:21:39,480 --> 00:21:43,450 Apparently that wasn't enough for Regan. He wasn't about to wait. 481 00:21:43,950 --> 00:21:46,220 He picked up a piece of cement from the staircase 482 00:21:46,280 --> 00:21:48,290 and smashed Ngai's head with it. 483 00:21:48,350 --> 00:21:52,270 Then they all got in his car and drove back to Queens as if nothing had happened. 484 00:21:53,960 --> 00:21:56,300 We have to consider the death penalty for Regan. 485 00:21:56,790 --> 00:22:00,370 What? Wait a minute. Wait a minute. 486 00:22:00,830 --> 00:22:05,340 It was Regan who suggested the robbery. Regan who incited murder. 487 00:22:06,070 --> 00:22:07,950 And when no one else would go along with him, 488 00:22:08,010 --> 00:22:10,750 it was Regan who finished the job himself. 489 00:22:11,140 --> 00:22:13,820 Have you looked at his date of birth? He's barely 18. 490 00:22:14,240 --> 00:22:18,120 He made Simms drive so he could eat the food he'd ordered. 491 00:22:18,620 --> 00:22:21,360 He also has a prior assault as a juvenile. 492 00:22:22,320 --> 00:22:24,820 It happened two months prior to his 16th birthday. 493 00:22:24,890 --> 00:22:27,730 JACK: Otherwise, he'd be a violent predicate felon. 494 00:22:27,790 --> 00:22:31,170 The child he attacked was left blind in his right eye. 495 00:22:32,130 --> 00:22:34,170 Look, I appreciate your conviction here, 496 00:22:35,130 --> 00:22:38,840 but the death penalty is not something I'm willing to inflict on a teenager. 497 00:22:38,900 --> 00:22:41,540 JACK: On any teenager or just this one? 498 00:22:41,910 --> 00:22:43,580 What are you talking about? 499 00:22:44,210 --> 00:22:47,660 A black kid sells some crack, we put him in prison for life. 500 00:22:47,710 --> 00:22:50,720 It's done every day without us blinking an eye. 501 00:22:51,150 --> 00:22:53,690 A kid from the suburbs does the same thing, 502 00:22:53,750 --> 00:22:57,960 we get people running around trying to arrange a rehab bed for him. 503 00:22:58,460 --> 00:23:00,090 (TELEPHONE RINGS) 504 00:23:00,790 --> 00:23:03,200 Yes. Just a moment. 505 00:23:03,990 --> 00:23:05,530 Abbie, part 78. 506 00:23:06,500 --> 00:23:08,980 We're not talking about a drug case here. 507 00:23:09,030 --> 00:23:10,840 We're talking about the death penalty. 508 00:23:10,900 --> 00:23:15,850 Which is exactly why we have to avoid any appearance it wasn't applied objectively. 509 00:23:16,510 --> 00:23:18,780 We both know the crime justifies it. 510 00:23:19,940 --> 00:23:23,650 That was the clerk. Regan might have beaten us to the punch. 511 00:23:24,250 --> 00:23:26,730 Judge Schreiber just let him plead guilty to murder one 512 00:23:26,780 --> 00:23:29,290 with the promise of a life sentence. 513 00:23:39,760 --> 00:23:42,300 A writ of mandamus asking me to vacate the guilty plea. 514 00:23:42,370 --> 00:23:44,970 Judge Schreiber had no authority to accept such a plea. 515 00:23:45,040 --> 00:23:47,540 We pled to the top count, murder one. 516 00:23:47,600 --> 00:23:49,680 According to Hynes v. Tomei, 517 00:23:49,740 --> 00:23:52,620 a defendant cannot plead guilty while the prosecutor's notice 518 00:23:52,680 --> 00:23:54,310 to seek the death penalty is pending. 519 00:23:54,380 --> 00:23:55,910 You haven't filed the notice. 520 00:23:55,980 --> 00:23:58,290 JACK: Because the statute allows us 120 days. 521 00:23:58,350 --> 00:24:00,560 But Hynes doesn't cover that situation. 522 00:24:00,620 --> 00:24:01,960 JACK: The spirit of the case does. 523 00:24:02,590 --> 00:24:05,260 Judge, we'd be allowing defendants to circumvent the law 524 00:24:05,320 --> 00:24:08,930 if we let them plead guilty before D.A.'s had a chance to consider the death penalty. 525 00:24:08,990 --> 00:24:11,370 It'd create a race to the courthouse. 526 00:24:11,430 --> 00:24:13,810 It'd be the defendants who get to choose their own sentences. 527 00:24:13,860 --> 00:24:16,610 Well, better them than some bloodthirsty prosecutor. 528 00:24:16,670 --> 00:24:17,670 Mr. Stanton. 529 00:24:17,740 --> 00:24:19,110 STANTON: No, I'm sorry, Your Honor, 530 00:24:19,470 --> 00:24:22,080 but Mr. McCoy didn't seem to mind races to the courthouse 531 00:24:22,140 --> 00:24:24,710 when he was making offers to any kid quick enough to roll over for him. 532 00:24:24,780 --> 00:24:27,720 Well, that may be true. But in the context of the death penalty, 533 00:24:27,780 --> 00:24:32,230 I don't think we want to be playing games about whether notice has been filed or not. 534 00:24:32,280 --> 00:24:33,730 I'm vacating the plea. 535 00:24:34,050 --> 00:24:36,530 Simply put, Mitch Regan cannot plead guilty 536 00:24:36,590 --> 00:24:39,660 until the People have reached their own decision about the death penalty. 537 00:24:39,720 --> 00:24:40,720 Your Honor, I think... 538 00:24:40,790 --> 00:24:44,430 I'm sorry, Counselor, but this is for the protection of all defendants. 539 00:24:46,230 --> 00:24:51,200 Well, this is one defendant you just protected right back into a lethal injection. 540 00:24:51,270 --> 00:24:53,040 You'll forgive me if I don't say "thank you." 541 00:24:57,340 --> 00:25:01,790 Wesley Stanton. Man's a legend in a lot of people's minds. 542 00:25:01,850 --> 00:25:05,760 Especially his own. He's taking the case pro bono. 543 00:25:05,820 --> 00:25:09,420 Well, I'm sure the publicity will more than compensate him for his time. 544 00:25:09,490 --> 00:25:12,090 The point is, the ball's back in our court. 545 00:25:12,160 --> 00:25:14,690 What if I simply waited for the headlines to go away, 546 00:25:14,760 --> 00:25:18,170 and then quietly announced I'd considered the evidence 547 00:25:18,230 --> 00:25:21,040 and decided not to seek the death penalty? 548 00:25:21,370 --> 00:25:23,470 You're not going to do that. 549 00:25:24,170 --> 00:25:26,170 All right, call the senior staff. 550 00:25:26,240 --> 00:25:28,340 I'll hear all the arguments. 551 00:25:32,680 --> 00:25:35,920 No, my point is, how can we ask for the death penalty 552 00:25:35,980 --> 00:25:38,720 when other jurisdictions are considering a moratorium? 553 00:25:38,780 --> 00:25:41,420 Honestly, I don't think it's a problem. 554 00:25:41,790 --> 00:25:44,130 There's two issues involved with the moratorium. 555 00:25:44,190 --> 00:25:46,630 The potential for an innocent man being executed, 556 00:25:46,690 --> 00:25:49,100 faulty DNA evidence, something like that, 557 00:25:49,160 --> 00:25:51,770 and ineffective assistance of counsel. 558 00:25:51,830 --> 00:25:53,170 But, correct me if I'm wrong, Jack, 559 00:25:53,230 --> 00:25:55,640 I haven't heard anything to suggest that this guy didn't do it. 560 00:25:55,700 --> 00:25:59,240 And Wes Stanton has tried more capital cases than I have. 561 00:25:59,640 --> 00:26:02,210 What about the guidelines? Where does he fit? 562 00:26:02,270 --> 00:26:04,250 Both Jack and I concur the juvenile assault 563 00:26:04,310 --> 00:26:06,250 should be considered a prior crime of violence. 564 00:26:06,310 --> 00:26:07,310 Why? 565 00:26:07,380 --> 00:26:10,450 Because it occurred two months prior to his 16th birthday, 566 00:26:10,510 --> 00:26:13,190 and it involved substantial injuries to his victim. 567 00:26:13,250 --> 00:26:17,490 We also discounted a separate incident involving a neighbor's pet, a cat, 568 00:26:17,550 --> 00:26:20,560 which contained allegations of animal torture. 569 00:26:21,360 --> 00:26:23,340 The facts weren't clear in the probation report. 570 00:26:23,390 --> 00:26:25,530 I'd agree. He's already had his bite. 571 00:26:25,600 --> 00:26:28,630 Now, the heinous nature of this crime is self-evident, 572 00:26:28,700 --> 00:26:31,580 as was his total disregard for the victim's life. 573 00:26:31,640 --> 00:26:34,710 Excuse me, but why aren't we talking about this kid's age? 574 00:26:34,770 --> 00:26:36,340 JACK: We can talk about it all you like. 575 00:26:36,410 --> 00:26:39,940 But if we use his age to disregard every other guideline, 576 00:26:40,340 --> 00:26:43,720 it only makes our determination more arbitrary, not less. 577 00:26:43,780 --> 00:26:45,160 He's right. 578 00:26:45,220 --> 00:26:49,320 Legislature's established a bright line at 18 years old. 579 00:26:49,690 --> 00:26:51,320 I don't think we should blur it. 580 00:26:51,390 --> 00:26:52,660 Blur it? 581 00:26:52,720 --> 00:26:54,960 Whatever happened to the exercise of discretion? 582 00:26:55,030 --> 00:26:56,500 ROSENFELD: I agree with Nora. 583 00:26:56,560 --> 00:26:58,940 I don't think it's as simple as a bright line. 584 00:26:59,000 --> 00:27:01,880 This kid's got a family, a high school education. 585 00:27:01,930 --> 00:27:03,670 He's got a job in his father's store. 586 00:27:03,730 --> 00:27:04,740 Meaning what? 587 00:27:04,800 --> 00:27:06,370 Meaning, I think he has a chance. 588 00:27:06,440 --> 00:27:08,380 HAYES: Well, what about the kids who never had a chance? 589 00:27:08,710 --> 00:27:10,210 Who rings their hands for them? 590 00:27:10,270 --> 00:27:14,190 Now, I'm sorry, but being white and from Queens isn't mitigation in my book. 591 00:27:14,240 --> 00:27:17,890 We're also not just talking about a white defendant. 592 00:27:17,950 --> 00:27:21,490 Let's keep in mind that a decision here not to seek the death penalty 593 00:27:21,550 --> 00:27:25,400 could very well be perceived as discriminatory by the Asian community. 594 00:27:25,460 --> 00:27:28,960 No, I'm not gonna kill a white kid just to prove I'm politically correct. 595 00:27:29,030 --> 00:27:31,030 JACK: No one's suggesting you should. 596 00:27:31,090 --> 00:27:35,740 But if we're prepared to visit this type of punishment on offenders at all, 597 00:27:35,800 --> 00:27:40,310 we'd better not refuse to do it just because he looks like the kid next door. 598 00:27:58,460 --> 00:28:02,800 Hey. You know, you can get anything you need on the computer with Westlaw. 599 00:28:02,860 --> 00:28:04,240 Oh, I like the books. 600 00:28:05,560 --> 00:28:07,600 What are you Shepardizing? 601 00:28:08,330 --> 00:28:11,010 US Supreme Court decision from Oklahoma. 602 00:28:11,340 --> 00:28:12,540 Juvenile death penalty. 603 00:28:12,600 --> 00:28:14,380 Unfortunately, the court's very clear 604 00:28:14,440 --> 00:28:19,080 that no national consensus exists that violates cruel and unusual punishment 605 00:28:19,140 --> 00:28:22,990 when the death penalty is given to somebody over the age of 16. 606 00:28:23,950 --> 00:28:27,160 I was hoping to find a New York court disagreed, 607 00:28:27,680 --> 00:28:28,720 but, no. 608 00:28:29,050 --> 00:28:30,550 He's 18, Nora. 609 00:28:31,360 --> 00:28:33,630 In the eyes of the law, he's an adult. 610 00:28:34,260 --> 00:28:36,170 Have you seen his arrest photo? 611 00:28:36,230 --> 00:28:38,370 I don't think he even shaves. 612 00:28:40,300 --> 00:28:44,680 Well, I'm sure shaving is some legitimate male rite of passage, 613 00:28:45,540 --> 00:28:49,280 but it certainly shouldn't be the standard to decide a capital case. 614 00:28:49,340 --> 00:28:52,220 What should be the standard to take the life of a teenager? 615 00:28:54,340 --> 00:28:56,020 Where I come from, 616 00:28:56,210 --> 00:29:00,360 it's when what a person's done is so vicious, so cruel, 617 00:29:01,250 --> 00:29:03,530 he forfeits the right to get any older. 618 00:29:03,990 --> 00:29:07,330 Where I come from, a person can't forfeit that right. 619 00:29:08,190 --> 00:29:10,330 We can only take it from him. 620 00:29:13,800 --> 00:29:15,070 "My decision today" 621 00:29:15,130 --> 00:29:17,440 "continues this office's tradition" 622 00:29:17,500 --> 00:29:20,780 "of objectively applying the laws of this state" 623 00:29:20,840 --> 00:29:25,080 "to the cases it's charged with prosecuting in this great city." 624 00:29:25,640 --> 00:29:27,380 "Ours is an island," 625 00:29:27,440 --> 00:29:29,920 "but we are not untouched by the national debate" 626 00:29:29,980 --> 00:29:32,860 "or its dictates concerning the death penalty." 627 00:29:33,880 --> 00:29:35,560 "That being said," 628 00:29:35,620 --> 00:29:38,620 "my decision goes against my personal feelings," 629 00:29:38,690 --> 00:29:42,830 "but as District Attorney, I took an oath to uphold the law," 630 00:29:42,890 --> 00:29:45,810 "which includes applying the death penalty fairly," 631 00:29:45,860 --> 00:29:47,840 "with due process of law." 632 00:29:48,300 --> 00:29:50,570 "To do otherwise would be to substitute" 633 00:29:50,630 --> 00:29:53,240 "my own judgment for the judgment of those" 634 00:29:53,300 --> 00:29:55,720 "the people elected to make such decisions." 635 00:29:56,540 --> 00:29:57,990 "Accordingly," 636 00:29:58,040 --> 00:30:00,990 "I am forced to conclude that notice to the court" 637 00:30:01,040 --> 00:30:03,650 "of our intention to seek the death penalty" 638 00:30:03,710 --> 00:30:07,920 "in the case of the People v. Mitch Regan is appropriate." 639 00:30:14,790 --> 00:30:16,460 CARMICHAEL: The jury was out less than an hour. 640 00:30:16,530 --> 00:30:18,530 And Stanton didn't call a single witness? 641 00:30:18,600 --> 00:30:21,440 I think Stanton's saving his credibility with the jury 642 00:30:21,500 --> 00:30:22,570 to plead for his client's life. 643 00:30:22,630 --> 00:30:23,980 When are you back in court? 644 00:30:24,030 --> 00:30:26,780 Judge Schreiber starts the penalty phase tomorrow morning. 645 00:30:26,840 --> 00:30:28,080 Do we have any witnesses? 646 00:30:28,140 --> 00:30:30,850 He's limited our presentation to the M.E. 647 00:30:31,440 --> 00:30:33,010 LEWIN: Well, what about mitigation? 648 00:30:33,080 --> 00:30:35,280 I assume Stanton will mount his case now. 649 00:30:35,350 --> 00:30:37,420 Well, he was hoping to call one of Regan's teachers. 650 00:30:37,480 --> 00:30:38,550 But? 651 00:30:38,620 --> 00:30:42,460 Schreiber ruled that it opened the door to the prior juvenile history. 652 00:30:42,520 --> 00:30:45,260 I don't think Stanton wants a jury to hear 653 00:30:45,320 --> 00:30:48,300 how his client viciously assaulted someone in the past. 654 00:30:48,360 --> 00:30:50,130 Especially a child. 655 00:30:50,790 --> 00:30:52,170 Which leaves him with what? 656 00:30:52,230 --> 00:30:54,180 He's calling his mother. 657 00:30:54,660 --> 00:30:55,670 Doesn't everyone? 658 00:31:00,270 --> 00:31:01,870 Doctor, earlier in this trial 659 00:31:01,940 --> 00:31:05,280 you indicated a single blow from a blunt object 660 00:31:05,340 --> 00:31:06,820 caused Mr. Ngai's death. 661 00:31:06,880 --> 00:31:10,050 Yes. Mr. Ngai died from a depressed skull fracture. 662 00:31:10,110 --> 00:31:11,920 Basically, the back of his head was crushed in. 663 00:31:12,250 --> 00:31:15,750 JACK: There was also mentioned on cross-examination by Mr. Stanton 664 00:31:15,820 --> 00:31:19,060 that the fatal injury sustained by the deceased 665 00:31:19,720 --> 00:31:21,360 might have been received 666 00:31:21,420 --> 00:31:24,060 during the initial attack at the top of the stairs. 667 00:31:24,130 --> 00:31:25,400 RODGERS: Anything is possible. 668 00:31:25,460 --> 00:31:27,100 JACK: But I want to be absolutely clear 669 00:31:27,160 --> 00:31:29,470 that that is not your expert opinion. 670 00:31:29,530 --> 00:31:30,570 No, it's not. 671 00:31:30,630 --> 00:31:31,640 Why not? 672 00:31:31,970 --> 00:31:34,710 Because of the evidence I found of regurgitation, 673 00:31:34,770 --> 00:31:36,250 the vomit under the blanket. 674 00:31:36,310 --> 00:31:37,680 Anything else? 675 00:31:37,740 --> 00:31:41,810 There was a pattern of blood focal hemorrhages on the surface of the lung. 676 00:31:41,880 --> 00:31:44,590 Now, this blood didn't appear to be from any internal injuries. 677 00:31:44,650 --> 00:31:49,030 Rather, it was more likely from the facial injuries and broken nose he received. 678 00:31:49,090 --> 00:31:51,900 As a result, Mr. Ngai was breathing in his own blood. 679 00:31:51,960 --> 00:31:54,940 As he did, it spread through the smaller airways. 680 00:31:54,990 --> 00:31:57,130 Both the regurgitation and blood 681 00:31:57,190 --> 00:32:00,700 could only have occurred sometime prior to the fatal head injury. 682 00:32:01,060 --> 00:32:03,870 I divorced when Mitch was three years old. 683 00:32:04,300 --> 00:32:07,150 STANTON: What was the cause of the divorce? 684 00:32:07,600 --> 00:32:10,780 My former husband, Mitch's biological father, 685 00:32:11,410 --> 00:32:13,320 had a drinking problem. 686 00:32:13,810 --> 00:32:16,220 Eventually, he abandoned Mitch and me. 687 00:32:16,280 --> 00:32:19,160 Did that effect your son? 688 00:32:19,220 --> 00:32:20,520 Very much so. 689 00:32:20,580 --> 00:32:23,330 He cried at night, had nightmares. 690 00:32:24,090 --> 00:32:27,300 It was a very difficult time for both of us. 691 00:32:27,590 --> 00:32:28,930 STANTON: He's your only son? 692 00:32:28,990 --> 00:32:30,060 MRS. REGAN: With his father. 693 00:32:30,130 --> 00:32:32,230 I have two other children with my husband. 694 00:32:32,900 --> 00:32:36,710 So, Alex Regan is not Mitch's natural father? 695 00:32:36,770 --> 00:32:38,300 His stepfather. 696 00:32:38,570 --> 00:32:41,610 And what is that relationship like? 697 00:32:41,670 --> 00:32:44,580 It's always been a little strained. 698 00:32:46,740 --> 00:32:50,020 My husband is a good man, but he's been hard on Mitch. 699 00:32:50,850 --> 00:32:52,520 I've always thought, 700 00:32:52,580 --> 00:32:54,620 a little too hard at times. 701 00:32:56,090 --> 00:32:57,900 Before I got married, 702 00:32:59,660 --> 00:33:02,330 he watched out for me, he protected me, 703 00:33:03,690 --> 00:33:05,570 even as a small child. 704 00:33:06,160 --> 00:33:08,840 He's still like that with his brother and sister. 705 00:33:08,900 --> 00:33:11,280 When his grandmother was dying, 706 00:33:11,330 --> 00:33:13,080 he wouldn't leave her side. 707 00:33:13,570 --> 00:33:15,450 He's not this monster. 708 00:33:16,310 --> 00:33:17,340 He isn't. 709 00:33:18,070 --> 00:33:19,450 I know him. 710 00:33:19,510 --> 00:33:22,420 I know him better than anyone in this world. 711 00:33:24,010 --> 00:33:25,930 You have to believe me. 712 00:33:31,020 --> 00:33:32,900 Thank you, Mrs. Regan. 713 00:33:39,600 --> 00:33:44,050 Mrs. Regan, was your son ever physically abused? 714 00:33:44,370 --> 00:33:45,400 MRS. REGAN: No. 715 00:33:46,200 --> 00:33:48,650 Not by his stepfather 716 00:33:48,710 --> 00:33:50,840 and not by his biological father? 717 00:33:51,210 --> 00:33:54,810 Bill, my first husband, was an alcoholic, 718 00:33:54,910 --> 00:33:56,650 but he wasn't a violent man. 719 00:33:56,710 --> 00:33:58,020 JACK: And your current husband? 720 00:33:58,080 --> 00:33:59,250 MRS. REGAN: Never. 721 00:34:00,050 --> 00:34:03,030 And you cared for your son, 722 00:34:04,320 --> 00:34:08,100 gave him food and shelter, love and support? 723 00:34:08,460 --> 00:34:09,960 I thought so. 724 00:34:10,830 --> 00:34:12,640 But there must be something I did. 725 00:34:12,700 --> 00:34:14,610 Mrs. Regan, you said 726 00:34:14,660 --> 00:34:18,240 you know your son better than anyone in the world? 727 00:34:19,770 --> 00:34:20,840 Yes. 728 00:34:21,810 --> 00:34:24,310 Did you know he was capable of this? 729 00:34:29,880 --> 00:34:32,330 I have nothing further, Your Honor. 730 00:34:36,150 --> 00:34:40,600 MITCH: It started out kind of like a goof or something. 731 00:34:41,790 --> 00:34:45,170 Like somebody said, "I'm hungry," but we had no money. 732 00:34:46,500 --> 00:34:48,600 And we all started laughing 733 00:34:48,870 --> 00:34:50,610 and I don't know... 734 00:34:51,270 --> 00:34:53,800 Heather called, and we were just gonna take the food. 735 00:34:55,070 --> 00:34:57,710 But something more happened, didn't it? 736 00:35:01,410 --> 00:35:03,320 When the guy got there, 737 00:35:04,580 --> 00:35:07,590 Peter and Chris jumped out from behind two cars 738 00:35:07,980 --> 00:35:10,490 and threw this blanket over his head. 739 00:35:10,550 --> 00:35:12,620 And then he fell down the stairs. 740 00:35:13,190 --> 00:35:14,830 STANTON: He fell. 741 00:35:15,090 --> 00:35:16,400 Then what happened? 742 00:35:16,460 --> 00:35:18,230 We didn't know what to do. 743 00:35:18,290 --> 00:35:20,800 I mean, the guy was hurt pretty bad. 744 00:35:22,430 --> 00:35:25,280 That's when Peter started to get scared. 745 00:35:25,700 --> 00:35:27,080 We all did. 746 00:35:27,940 --> 00:35:30,750 And Peter said the guy saw his face. 747 00:35:31,680 --> 00:35:33,480 Him and Chris. 748 00:35:34,080 --> 00:35:36,060 And I don't know, 749 00:35:36,110 --> 00:35:37,520 everybody started freaking out, 750 00:35:37,580 --> 00:35:39,530 and it just happened. 751 00:35:40,680 --> 00:35:41,890 (SIGHS) 752 00:35:45,090 --> 00:35:47,230 How do you feel about it now? 753 00:35:48,060 --> 00:35:49,160 Bad. 754 00:35:50,690 --> 00:35:52,110 Really sorry. 755 00:35:52,860 --> 00:35:56,240 But I know whatever I say is not gonna make it better. 756 00:35:56,300 --> 00:35:57,470 Yeah. 757 00:35:59,670 --> 00:36:01,950 Did you talk to your folks about it? 758 00:36:03,770 --> 00:36:05,120 My mother. 759 00:36:05,640 --> 00:36:07,950 My father hasn't come to see me. 760 00:36:08,010 --> 00:36:09,580 My mother says that he wants to, 761 00:36:09,650 --> 00:36:11,790 but doesn't know what to say. 762 00:36:13,320 --> 00:36:17,060 Like she said, things have sort of been like that between us. 763 00:36:21,190 --> 00:36:24,500 What do you want, Mitch? What do you want to happen? 764 00:36:25,300 --> 00:36:26,570 I want... 765 00:36:27,830 --> 00:36:29,640 (SIGHS) I don't know. 766 00:36:30,330 --> 00:36:32,570 I just wish it hadn't happened. 767 00:36:33,000 --> 00:36:36,470 I mean, not just like right after my birthday like that. 768 00:36:37,640 --> 00:36:39,020 I'm sorry. 769 00:36:39,640 --> 00:36:41,050 I really am. 770 00:36:41,640 --> 00:36:42,990 Okay, son. 771 00:36:43,980 --> 00:36:45,080 Okay. 772 00:36:46,180 --> 00:36:47,820 JUDGE: Mr. McCoy. 773 00:36:49,350 --> 00:36:50,960 You're sorry it happened? 774 00:36:51,020 --> 00:36:52,060 MITCH: Yes. 775 00:36:52,120 --> 00:36:53,930 After your birthday like that? 776 00:36:54,660 --> 00:36:56,190 I'm just sorry it happened. 777 00:36:56,260 --> 00:36:58,760 And nothing you can say will make it better, is that right? 778 00:36:59,000 --> 00:37:00,000 I guess not. 779 00:37:00,060 --> 00:37:01,800 Not even the truth? 780 00:37:02,000 --> 00:37:03,030 What do you mean? 781 00:37:03,100 --> 00:37:05,010 I mean the truth about why you killed this man. 782 00:37:05,070 --> 00:37:06,100 Objection. 783 00:37:06,170 --> 00:37:07,810 JUDGE: Overruled. 784 00:37:09,410 --> 00:37:11,680 JACK: You were with Nick Simms inside the apartment 785 00:37:11,740 --> 00:37:13,980 when the blanket was thrown over Mr. Ngai's head, 786 00:37:14,040 --> 00:37:15,490 is that right? 787 00:37:15,550 --> 00:37:16,720 Yes. 788 00:37:16,780 --> 00:37:18,820 When you came outside, 789 00:37:19,120 --> 00:37:20,920 he was under the blanket? 790 00:37:20,980 --> 00:37:22,050 That's right. 791 00:37:22,120 --> 00:37:25,190 So who was it who said he'd seen your faces? 792 00:37:29,760 --> 00:37:31,640 It was you, wasn't it? 793 00:37:34,130 --> 00:37:35,910 But that wasn't possible. 794 00:37:36,730 --> 00:37:39,300 The fact is, it didn't matter to you 795 00:37:39,740 --> 00:37:42,270 whether he'd seen your faces or not. 796 00:37:44,540 --> 00:37:46,890 You wanted to kill him all along. 797 00:37:55,550 --> 00:37:57,030 JUDGE: I intend to instruct the jury 798 00:37:57,520 --> 00:37:59,120 that they should consider whether or not 799 00:37:59,190 --> 00:38:01,360 a sentence of death should be imposed, 800 00:38:01,420 --> 00:38:02,490 and whether or not 801 00:38:02,560 --> 00:38:04,440 a sentence of life imprisonment without parole 802 00:38:04,490 --> 00:38:05,840 should be imposed, 803 00:38:05,900 --> 00:38:08,210 and that they must be unanimous, beyond a reasonable doubt, 804 00:38:08,260 --> 00:38:09,470 as to either one. 805 00:38:09,530 --> 00:38:11,840 And in the event they're not unanimous, Your Honor? 806 00:38:11,900 --> 00:38:14,250 I'll tell them if they fail to reach agreement 807 00:38:14,300 --> 00:38:15,580 then I will sentence the defendant 808 00:38:15,640 --> 00:38:20,490 to a term of imprisonment, with a minimum term of 20 or 25 years 809 00:38:20,540 --> 00:38:22,720 and a maximum term of life. 810 00:38:23,380 --> 00:38:24,520 Your Honor, 811 00:38:24,580 --> 00:38:25,890 you tell those people there's a chance 812 00:38:25,950 --> 00:38:28,560 this boy might be back out on the streets some day, 813 00:38:28,620 --> 00:38:31,290 you play to their fears, to the worst in them. 814 00:38:31,350 --> 00:38:34,200 Until the Court of Appeals tells me otherwise, 815 00:38:34,260 --> 00:38:36,670 my hands are tied here, Counselor. 816 00:38:40,530 --> 00:38:41,700 Mr. McCoy, 817 00:38:41,760 --> 00:38:44,900 pursuant to the statute, you will deliver the first argument. 818 00:38:47,000 --> 00:38:48,740 Eighteen years old, 819 00:38:51,110 --> 00:38:52,480 and already 820 00:38:53,410 --> 00:38:55,820 a cold-blooded murder to his name. 821 00:38:57,680 --> 00:38:58,990 Because of his age 822 00:38:59,320 --> 00:39:02,300 defense counsel wants you to give him another chance. 823 00:39:02,350 --> 00:39:03,350 But the fact that 824 00:39:03,420 --> 00:39:08,130 he abandoned his responsibilities to all of us so quickly 825 00:39:08,830 --> 00:39:10,960 doesn't mitigate what he's done. 826 00:39:11,530 --> 00:39:14,370 It only makes it that much more frightening, 827 00:39:14,730 --> 00:39:18,010 because this teenager is the one who lives next door 828 00:39:19,000 --> 00:39:21,110 the one we see ourselves in. 829 00:39:21,170 --> 00:39:23,080 His act betrays us all. 830 00:39:24,940 --> 00:39:26,390 Somewhere that night, 831 00:39:26,440 --> 00:39:28,790 he ceased to be who we thought he was 832 00:39:29,410 --> 00:39:32,050 and instead became everything we fear. 833 00:39:36,320 --> 00:39:42,000 But his is not the only life being measured in this courtroom. 834 00:39:42,760 --> 00:39:46,670 Not the only face for you to remember here today. 835 00:39:47,260 --> 00:39:48,710 Imagine, if you will, 836 00:39:48,770 --> 00:39:50,900 the last moments of the victim's life. 837 00:39:50,970 --> 00:39:54,850 And when you do, imagine it not slipping away, 838 00:39:55,740 --> 00:39:57,220 but being beaten out of him. 839 00:39:58,470 --> 00:40:01,080 Mr. Ngai was a slight man, 840 00:40:01,410 --> 00:40:02,890 a family man. 841 00:40:03,310 --> 00:40:05,260 That night it was cold, 842 00:40:05,320 --> 00:40:06,560 raining. 843 00:40:06,820 --> 00:40:10,760 Mr. Ngai sent his wife home to be with their children. 844 00:40:13,020 --> 00:40:16,200 But he stayed to work for them. 845 00:40:19,200 --> 00:40:21,840 And when he arrived to make a delivery, 846 00:40:23,130 --> 00:40:24,740 he was set upon, 847 00:40:25,470 --> 00:40:27,140 thrown down a flight of stairs. 848 00:40:27,840 --> 00:40:29,580 A filthy blanket 849 00:40:29,640 --> 00:40:32,310 forced over his head to stifle his screams. 850 00:40:32,380 --> 00:40:33,850 Badly beaten, 851 00:40:35,810 --> 00:40:38,260 he vomited underneath the blanket, 852 00:40:39,580 --> 00:40:41,430 he breathed in his own blood. 853 00:40:41,880 --> 00:40:46,160 Yet, all the while, managed to plead for his life. 854 00:40:47,490 --> 00:40:50,840 But rather than evoke any sense of mercy, 855 00:40:51,630 --> 00:40:53,630 Mr. Ngai's desperation 856 00:40:54,530 --> 00:40:57,370 only provoked more viciousness 857 00:40:57,430 --> 00:40:58,640 in this defendant. 858 00:40:59,400 --> 00:41:03,150 A savagery that silenced his pleas 859 00:41:03,210 --> 00:41:05,650 by crushing his skull with a rock. 860 00:41:07,140 --> 00:41:09,380 As you think of this defendant, 861 00:41:09,880 --> 00:41:12,160 you may regret what might have been. 862 00:41:14,080 --> 00:41:16,220 But judge him for who he is. 863 00:41:18,090 --> 00:41:20,160 Forget what he looks like, 864 00:41:20,860 --> 00:41:22,860 and remember what he did. 865 00:41:28,460 --> 00:41:32,380 So, finally we come to it. 866 00:41:33,840 --> 00:41:37,750 Come to the decision not of who's so evil, 867 00:41:37,810 --> 00:41:41,550 so unredeemable we put them to death, 868 00:41:42,480 --> 00:41:43,980 but how young 869 00:41:44,050 --> 00:41:46,050 can we put them to death. 870 00:41:46,550 --> 00:41:50,000 At what age do even liberals throw in the towel? 871 00:41:52,390 --> 00:41:55,890 Down where I come from, down in Texas, it's 17. 872 00:41:57,230 --> 00:42:00,210 But up here, up here in the Big Apple 873 00:42:00,260 --> 00:42:05,080 y'all go and exercise your own blood lust to the ripe old age of 18. 874 00:42:05,200 --> 00:42:07,110 Not old enough to drink 875 00:42:07,300 --> 00:42:10,980 but apparently old enough to execute. 876 00:42:13,510 --> 00:42:18,390 So, how young can we do it? 877 00:42:20,750 --> 00:42:24,460 It all depends on what it is that makes a life worth saving. 878 00:42:25,990 --> 00:42:27,400 Is it a mother's love? 879 00:42:27,990 --> 00:42:29,660 A kind act? 880 00:42:29,730 --> 00:42:32,210 If that's all it is, then all of us are worth saving. 881 00:42:32,800 --> 00:42:34,240 But the law, 882 00:42:34,600 --> 00:42:37,310 the law doesn't require nearly that much. 883 00:42:38,270 --> 00:42:39,340 You see, 884 00:42:39,400 --> 00:42:41,680 the law only requires 885 00:42:42,140 --> 00:42:44,450 that there be some question, 886 00:42:44,510 --> 00:42:47,040 some reasonable doubt, 887 00:42:47,680 --> 00:42:50,060 as to the value of the life 888 00:42:50,110 --> 00:42:53,420 the prosecutor is asking you to take. 889 00:42:54,220 --> 00:42:56,630 Because it has to be definite, 890 00:42:56,690 --> 00:43:00,660 this willingness to put a boy to death. 891 00:43:01,590 --> 00:43:05,330 And the only trouble with that, is that at 18, 892 00:43:05,760 --> 00:43:07,830 nothing is definite. 893 00:43:09,270 --> 00:43:12,770 At 18, life is nothing but questions. 894 00:43:13,600 --> 00:43:17,180 In fact, can there be any doubt, any at all, 895 00:43:17,240 --> 00:43:19,580 that 20, 25 years from now 896 00:43:19,640 --> 00:43:21,140 this boy, if allowed to live, 897 00:43:21,210 --> 00:43:24,620 will be a different person from the one sitting before you today. 898 00:43:24,680 --> 00:43:26,720 Will he be a better person? 899 00:43:27,920 --> 00:43:29,400 I don't know. 900 00:43:32,690 --> 00:43:34,290 But the fact is, 901 00:43:37,130 --> 00:43:38,660 neither do you. 902 00:43:39,560 --> 00:43:41,100 Spare his life. 903 00:43:42,730 --> 00:43:44,210 Spare us all. 904 00:43:54,980 --> 00:43:58,250 JUDGE: I understand the jury has reached a verdict as to sentence. 905 00:43:58,310 --> 00:43:59,790 We have, Your Honor. 906 00:43:59,850 --> 00:44:01,420 I'll ask the defendant to rise. 907 00:44:03,420 --> 00:44:05,330 Render your verdict, Mr. Foreman. 908 00:44:05,860 --> 00:44:09,670 "As to the first count of the indictment, Murder in the First Degree," 909 00:44:09,730 --> 00:44:12,100 "the sentence of this jury is death" 910 00:44:12,330 --> 00:44:13,470 MRS. REGAN: No! 911 00:44:15,000 --> 00:44:16,530 No! 912 00:44:16,600 --> 00:44:19,170 (SOBBING) Please! 913 00:44:19,570 --> 00:44:22,280 Don't kill him! Don't kill him! 914 00:44:22,510 --> 00:44:25,320 No! Oh, my God! 915 00:44:41,090 --> 00:44:43,930 Stanton can probably drag this out for a long time. 916 00:44:44,290 --> 00:44:46,360 He may not have as much time as he hopes. 917 00:44:46,430 --> 00:44:47,870 Supreme Court's been consistently 918 00:44:47,930 --> 00:44:50,640 narrowing appeals for death row inmates. 919 00:44:50,700 --> 00:44:54,880 With any luck, we'll be able to strap him to a gurney before he's 21. 920 00:44:55,670 --> 00:44:57,780 God have mercy on our souls.