1
00:00:01,590 --> 00:00:03,330
NARRATOR:
In the criminal justice system
2
00:00:03,400 --> 00:00:07,280
the people are represented by two
separate yet equally important groups,
3
00:00:07,330 --> 00:00:09,180
the police
who investigate crime
4
00:00:09,230 --> 00:00:12,010
and the district attorneys
who prosecute the offenders.
5
00:00:12,070 --> 00:00:13,680
These are their stories.
6
00:00:15,570 --> 00:00:17,650
I'm so sick of this mess. DIRECTOR
ON RADIO: Camera one, stay wide.
7
00:00:17,710 --> 00:00:20,990
Hey, how do you justify not picking
up your own things, Amber?
8
00:00:21,050 --> 00:00:22,580
DIRECTOR: Camera two, move in on Amber.
I'm just curious.
9
00:00:23,150 --> 00:00:24,490
AMBER:
I don't justify it.
10
00:00:24,750 --> 00:00:27,090
I just have a lot of other
things on my mind right now.
11
00:00:27,150 --> 00:00:28,190
Is this about your cat?
12
00:00:28,250 --> 00:00:29,820
Yeah, it's about my cat.
13
00:00:30,490 --> 00:00:32,470
He's been missing for three
days and I'm really worried.
14
00:00:32,520 --> 00:00:33,630
DIRECTOR: Okay, camera two,
pick up Rocky.
15
00:00:33,690 --> 00:00:35,170
ROCKY: So, why aren't you
out looking for your cat
16
00:00:35,230 --> 00:00:37,970
instead of sitting on your
ass reading magazines?
17
00:00:38,030 --> 00:00:40,030
Where do you
suggest I look?
18
00:00:40,100 --> 00:00:41,670
If you want,
I'll help you look for it.
19
00:00:42,300 --> 00:00:43,470
You're sweet.
20
00:00:43,840 --> 00:00:46,540
But what I really want
is a little support.
21
00:00:47,310 --> 00:00:48,580
Meow.
22
00:00:48,910 --> 00:00:51,250
Please.
Okay, two, follow Amber.
23
00:00:51,310 --> 00:00:54,020
Where are you, Isaac?
Come on, baby.
24
00:00:58,150 --> 00:00:59,190
(SCREAMING)
25
00:01:00,320 --> 00:01:02,420
The kid's name is
Wes Tatum, 20 years old.
26
00:01:02,490 --> 00:01:04,660
It looked like he went off the roof.
ED: Jumped or pushed?
27
00:01:04,720 --> 00:01:06,600
Body's pretty mangled.
Hard to tell.
28
00:01:06,660 --> 00:01:08,040
BRISCOE: So how long's
he been dead?
29
00:01:08,090 --> 00:01:10,130
I'm gonna say two hours
Give or take.
30
00:01:10,200 --> 00:01:11,330
Who found the body?
31
00:01:11,400 --> 00:01:12,770
A group from upstairs.
32
00:01:12,830 --> 00:01:14,070
What group?
33
00:01:14,130 --> 00:01:16,200
You know that show, uh,
Deal With It?
34
00:01:16,270 --> 00:01:17,750
Yeah, I know it.
35
00:01:17,800 --> 00:01:19,680
They live in a loft
in the building.
36
00:01:19,740 --> 00:01:21,620
Dead kid's a cast member.
37
00:01:22,510 --> 00:01:24,320
Oh, yeah. Right.
38
00:01:24,380 --> 00:01:26,360
So, where are
these kids now?
39
00:01:26,410 --> 00:01:27,450
They were gone
when we got here.
40
00:01:27,510 --> 00:01:28,720
What do you mean, "gone"?
41
00:01:28,780 --> 00:01:31,260
Some of the production people said
the producers took them away.
42
00:01:31,320 --> 00:01:32,660
Turn that light off.
We're taping.
43
00:01:32,720 --> 00:01:33,790
No. You're not taping.
44
00:01:33,850 --> 00:01:34,890
We just want to talk
to you for a second.
45
00:01:34,950 --> 00:01:35,990
I said,
turn that light off.
46
00:01:36,050 --> 00:01:38,130
Who are you?
I'm the production manager.
47
00:01:38,560 --> 00:01:40,300
Where are the kids
who found the body?
48
00:01:40,360 --> 00:01:42,340
They were taken back
to our offices.
49
00:01:42,390 --> 00:01:43,400
On whose authority?
50
00:01:43,460 --> 00:01:46,570
The executive producer's. Look,
they were pretty upset. We all are.
51
00:01:46,630 --> 00:01:48,080
Oh, yeah, we could tell.
52
00:01:48,130 --> 00:01:50,510
I'm sorry. I was just
trying to be journalistic.
53
00:01:50,570 --> 00:01:52,980
Look, get on the phone
and tell the producers
54
00:01:53,040 --> 00:01:54,950
we need to talk to
those kids right now.
55
00:01:55,010 --> 00:01:56,380
Sure, sure.
But if you wouldn't mind,
56
00:01:56,440 --> 00:01:59,720
first, we'd love to be involved in the investigation.
Maybe shoot some tape.
57
00:01:59,780 --> 00:02:02,620
Hey, kid. This is not show business.
This is police business.
58
00:02:02,680 --> 00:02:04,180
I understand.
59
00:02:04,920 --> 00:02:06,900
Sorry, Lennie, that could've
been your big chance.
60
00:02:06,950 --> 00:02:09,230
I'll wait for
the musical version.
61
00:03:00,810 --> 00:03:03,720
BRISCOE: Wes Tatum was
from Upper Darby PA.
62
00:03:03,780 --> 00:03:05,910
Two years of junior college.
63
00:03:05,980 --> 00:03:08,820
Liked to skateboard
and play bongos in the park.
64
00:03:08,880 --> 00:03:11,290
He'd have been better off
staying in Upper Darby.
65
00:03:11,350 --> 00:03:13,850
Preliminary M.E. report lists
cause of death as a broken neck.
66
00:03:13,920 --> 00:03:14,950
Internal injuries.
67
00:03:15,020 --> 00:03:16,290
What about the tox screen?
68
00:03:16,360 --> 00:03:17,460
Came back clean.
69
00:03:17,520 --> 00:03:20,130
So, probably not
a slip and fall.
70
00:03:20,190 --> 00:03:22,370
What about this
TV show he was on?
71
00:03:22,430 --> 00:03:24,600
Deal With It? It's been on
the air for three years.
72
00:03:25,200 --> 00:03:26,610
Every season
they go to a new city,
73
00:03:26,670 --> 00:03:28,440
they take seven kids,
they put 'em in a house,
74
00:03:28,500 --> 00:03:30,670
they give them a soft-touch job,
they pay all their expenses,
75
00:03:30,740 --> 00:03:32,840
and they videotape them
doing everything
76
00:03:32,900 --> 00:03:34,040
except going to
the bathroom.
77
00:03:34,110 --> 00:03:35,450
Now, why stop there?
78
00:03:35,510 --> 00:03:38,280
Well, other than the kids who
had access to the building?
79
00:03:38,340 --> 00:03:41,150
The production company and
anybody they decide to let in.
80
00:03:41,210 --> 00:03:43,160
Well, that's a fairly
broad cross-section.
81
00:03:43,220 --> 00:03:45,820
Well, we got a call in to
those executive producers.
82
00:03:45,880 --> 00:03:48,420
We'll try to narrow it down
a little more once we talk
83
00:03:48,490 --> 00:03:50,130
to the cast members
who found the body.
84
00:03:50,190 --> 00:03:52,400
I wanna find out the last
time that kid was on camera.
85
00:03:52,460 --> 00:03:53,770
Lieutenant.
86
00:03:55,360 --> 00:03:57,170
These are the tapes
from that show.
87
00:03:57,230 --> 00:03:58,540
Looks like
you got your chance.
88
00:03:58,600 --> 00:04:00,630
Hey, uh, aren't
we gonna be late?
89
00:04:02,430 --> 00:04:03,710
Okay.
90
00:04:05,200 --> 00:04:09,280
Deal With It. Never seen
it, already hate it.
91
00:04:13,910 --> 00:04:17,160
COREY: We obviously feel
terrible about what's happened,
92
00:04:17,220 --> 00:04:18,630
and as the
executive producers,
93
00:04:18,680 --> 00:04:20,860
we'd certainly like to
help in any way we can.
94
00:04:20,920 --> 00:04:23,130
Like, by taking
those kids away?
95
00:04:23,190 --> 00:04:26,190
These kids are very
badly shaken, Detective.
96
00:04:26,260 --> 00:04:29,210
We just thought a little time away
from the cameras would do them good.
97
00:04:29,260 --> 00:04:31,940
It's quite a thing
to have had happened.
98
00:04:32,330 --> 00:04:33,940
Oh, but I guess,
TV show or not,
99
00:04:34,000 --> 00:04:35,600
we're all vulnerable
in this city.
100
00:04:35,670 --> 00:04:37,410
So, you don't think
Wes' death
101
00:04:37,470 --> 00:04:39,470
had anything to do
with the TV show?
102
00:04:39,540 --> 00:04:41,610
Anything to do with
the TV show how?
103
00:04:41,670 --> 00:04:42,780
You know, cast, crew.
104
00:04:42,840 --> 00:04:44,550
You got a lot of people coming
in and out of this building.
105
00:04:44,610 --> 00:04:46,490
MELANIE: Corey,
let me take this one.
106
00:04:46,780 --> 00:04:48,920
We screen applicants
for our cast and crew
107
00:04:48,980 --> 00:04:52,390
like it was security clearance for
a nuclear missile silo, so...
108
00:04:52,450 --> 00:04:55,590
Missile silos can be
pretty close quarters.
109
00:04:55,650 --> 00:04:58,430
Maybe things changed in the
course of living together.
110
00:04:58,490 --> 00:05:00,200
Well, we're on top of
everything that happens,
111
00:05:00,260 --> 00:05:03,240
so if a problem was developing,
we'd know about it.
112
00:05:03,900 --> 00:05:07,040
Look, I don't want to
tell you guys your job,
113
00:05:07,430 --> 00:05:09,240
but this seems fairly
straightforward to me.
114
00:05:12,900 --> 00:05:13,970
Explain.
115
00:05:14,340 --> 00:05:17,250
Someone was on the roof, a junkie,
a derelict, what have you.
116
00:05:17,310 --> 00:05:19,450
Wes went up there, and
an altercation occurred.
117
00:05:19,680 --> 00:05:22,350
And why would Wes
go on the roof?
118
00:05:24,220 --> 00:05:25,990
We need to talk
to the cast members.
119
00:05:26,050 --> 00:05:27,550
COREY: Can we at least
suggest that you look to
120
00:05:27,620 --> 00:05:29,660
me and my wife for
any preliminary information?
121
00:05:29,720 --> 00:05:32,900
We just did look to you and your
wife for preliminary information.
122
00:05:32,960 --> 00:05:34,560
Now we need to speak
to the kids.
123
00:05:36,660 --> 00:05:37,940
Now.
124
00:05:42,270 --> 00:05:44,270
Which one of you
found the body?
125
00:05:44,340 --> 00:05:45,750
I saw him
out of the window.
126
00:05:45,800 --> 00:05:47,080
It was pretty brutal.
127
00:05:47,140 --> 00:05:48,520
So, you were all here?
128
00:05:48,570 --> 00:05:50,210
I had just gone out
to get some food.
129
00:05:50,280 --> 00:05:51,880
Wait. There's another kid
on the show, right?
130
00:05:51,940 --> 00:05:53,220
Yeah, Jeremy.
131
00:05:53,280 --> 00:05:54,760
Yeah? Where's he?
TRENT: He went out.
132
00:05:54,810 --> 00:05:56,050
Did he know
we were coming?
133
00:05:56,110 --> 00:05:59,490
That's sort of Jeremy, you know?
He likes to defy authority.
134
00:05:59,550 --> 00:06:01,500
Now, what can you
tell us about Wes?
135
00:06:01,550 --> 00:06:02,960
Have you watched the show?
136
00:06:03,020 --> 00:06:04,330
Assume we haven't.
137
00:06:04,390 --> 00:06:06,730
Wes could be difficult.
138
00:06:06,790 --> 00:06:08,430
Difficult how?
139
00:06:08,490 --> 00:06:10,770
Inconsiderate.
Like, oblivious to
140
00:06:10,830 --> 00:06:12,640
what anyone else
was going through.
141
00:06:12,700 --> 00:06:15,970
He talked about himself in the third person.
What does that tell you?
142
00:06:16,030 --> 00:06:17,450
I don't know.
143
00:06:18,000 --> 00:06:19,450
He was a jerk.
144
00:06:19,500 --> 00:06:23,110
Did any one of you ever have a
physical confrontation with him?
145
00:06:25,010 --> 00:06:26,250
Guys?
146
00:06:26,310 --> 00:06:28,760
Jeremy might have had
a problem with Wes.
147
00:06:29,480 --> 00:06:34,120
So, uh, where does Jeremy go
when he wants to defy authority?
148
00:06:34,950 --> 00:06:36,690
All right, you guys wanna
talk about Wes, huh?
149
00:06:36,760 --> 00:06:38,930
Yeah. We gather he wasn't
particularly popular.
150
00:06:38,990 --> 00:06:40,030
Yeah. Yeah.
151
00:06:40,090 --> 00:06:42,700
People made varying degrees of
accommodation for his behavior.
152
00:06:42,760 --> 00:06:44,970
Well, let's talk
about you specifically.
153
00:06:45,030 --> 00:06:46,870
Specifically?
Oh, I couldn't stand him.
154
00:06:46,930 --> 00:06:48,210
How come?
155
00:06:48,270 --> 00:06:52,510
Well, let's see. Aside from his being
a vain, shallow, passive-aggressive,
156
00:06:52,570 --> 00:06:55,210
he was bringing his lowlife skater
friends into the loft, you know?
157
00:06:55,270 --> 00:06:58,480
They'd eat all our food, they'd hit
on the chicks, I couldn't stand it.
158
00:06:58,540 --> 00:07:00,220
Well, why didn't you
tell the show's producers?
159
00:07:00,280 --> 00:07:01,520
What do you mean?
Like telling the teachers?
160
00:07:01,580 --> 00:07:04,690
I'm not into that.
I confronted him myself.
161
00:07:05,250 --> 00:07:06,460
Yeah? When?
162
00:07:06,750 --> 00:07:08,730
Let's see, the point
at which I lost it
163
00:07:08,790 --> 00:07:11,170
was when Amber's video camera
disappeared, you know?
164
00:07:11,220 --> 00:07:13,460
She's all like, "I don't
wanna jump to conclusions.
165
00:07:13,530 --> 00:07:15,800
"Everyone's always
blaming Wes." You know?
166
00:07:15,860 --> 00:07:17,240
But, uh, I don't
stand on ceremony.
167
00:07:17,300 --> 00:07:18,800
I called him out,
and we got into it.
168
00:07:18,860 --> 00:07:20,340
Got into it how?
169
00:07:20,400 --> 00:07:22,170
Whoa, whoa, whoa. I didn't hit
him or anything, you know?
170
00:07:22,230 --> 00:07:24,980
I just told him how I felt
and that I was onto him.
171
00:07:25,040 --> 00:07:26,110
And since?
172
00:07:26,170 --> 00:07:28,010
We avoided each other,
you know?
173
00:07:28,070 --> 00:07:30,920
Just out of curiosity,
where were you last night?
174
00:07:31,740 --> 00:07:33,850
I was at a poetry reading,
Saint Mark's Church.
175
00:07:33,910 --> 00:07:35,320
(ED LAUGHING)
176
00:07:35,850 --> 00:07:37,220
Hey, it's on tape, fellows.
177
00:07:37,280 --> 00:07:39,350
You can check it out 'cause
the show sent a camera crew.
178
00:07:39,420 --> 00:07:41,760
Yeah. Amber's video camera
ever show up?
179
00:07:41,820 --> 00:07:44,430
No. You know, she was all mad
at me, so I just let it drop.
180
00:07:44,490 --> 00:07:47,270
But, I'm telling you, these skaters
are the ones who took it though.
181
00:07:47,330 --> 00:07:48,700
Mind if I go?
182
00:07:51,200 --> 00:07:52,640
Which one of you is Aaron?
183
00:07:52,700 --> 00:07:53,900
Who wants to know?
184
00:07:53,970 --> 00:07:55,500
Police department,
tough guy.
185
00:07:55,570 --> 00:07:57,480
Come on, step away
from your friend a minute.
186
00:07:57,540 --> 00:07:59,980
I'm watching for police
brutality, you put a hand on him.
187
00:08:00,040 --> 00:08:01,450
Oh, you do that, ace.
188
00:08:01,510 --> 00:08:03,350
When's the last time
you went to see Wes?
189
00:08:03,410 --> 00:08:04,510
Wes who died?
190
00:08:04,580 --> 00:08:06,180
Yeah. Wes who died.
191
00:08:06,550 --> 00:08:08,890
Man, I don't go around there
with that lame-ass show.
192
00:08:08,950 --> 00:08:10,760
Never?
Right. Never.
193
00:08:10,820 --> 00:08:14,390
A little Abner Louima action, guys?
I don't think so.
194
00:08:14,450 --> 00:08:16,260
That's a nice camera.
195
00:08:17,490 --> 00:08:18,560
Hey!
196
00:08:18,990 --> 00:08:22,700
The girl's daddy recorded the
serial number of the video camera,
197
00:08:22,760 --> 00:08:24,540
then he reported it stolen.
198
00:08:24,600 --> 00:08:26,300
Did Wes confront you
about stealing it?
199
00:08:26,360 --> 00:08:27,710
No.
200
00:08:27,770 --> 00:08:31,580
So you and your little thieving pals
come around, terrorizing everybody, huh?
201
00:08:31,640 --> 00:08:33,880
We were there
because Wes invited us.
202
00:08:33,940 --> 00:08:35,480
And what about Monday?
203
00:08:35,540 --> 00:08:38,020
Did you receive an
invitation on Monday?
204
00:08:38,080 --> 00:08:39,280
I should have
a lawyer here.
205
00:08:39,340 --> 00:08:40,410
That's no problem, man.
206
00:08:40,480 --> 00:08:42,690
That's right. You get
together with your lawyer
207
00:08:42,750 --> 00:08:45,460
and figure out where you want
to say you were on Monday,
208
00:08:45,520 --> 00:08:46,890
then when we
catch you lying,
209
00:08:46,950 --> 00:08:50,260
you're gonna be that much closer to going
to prison for the rest of your life.
210
00:08:50,320 --> 00:08:51,890
I had nothing
to do with this.
211
00:08:51,960 --> 00:08:54,960
That's cool, bro, you just better
hope that a jury agrees with you.
212
00:08:55,030 --> 00:08:57,870
Look, man, I wasn't
at the loft on Monday.
213
00:08:59,130 --> 00:09:00,910
Where were you?
Tompkins Square.
214
00:09:00,970 --> 00:09:02,210
Doing what?
215
00:09:03,670 --> 00:09:06,050
Doing what, Aaron?
Selling pot, man.
216
00:09:06,740 --> 00:09:08,080
How much did you make?
217
00:09:08,470 --> 00:09:09,510
About 300.
218
00:09:09,570 --> 00:09:11,080
Where's the money?
219
00:09:12,440 --> 00:09:13,620
(SIGHS)
220
00:09:14,210 --> 00:09:15,780
Spent about 80.
221
00:09:16,180 --> 00:09:17,460
Lennie.
222
00:09:18,750 --> 00:09:20,700
We got an admission that
he took the video camera,
223
00:09:20,750 --> 00:09:23,130
but we also have a couple of
witnesses that put him in the park
224
00:09:23,190 --> 00:09:24,190
at the time of the murder.
225
00:09:24,260 --> 00:09:26,200
If we can believe
what he's telling us,
226
00:09:26,260 --> 00:09:27,900
Wes helped him
steal the camera.
227
00:09:27,960 --> 00:09:29,440
Did anyone in the house
know that?
228
00:09:29,490 --> 00:09:30,560
Nobody said so.
229
00:09:30,630 --> 00:09:31,660
They covering?
230
00:09:31,730 --> 00:09:32,900
Well, according
to these producers,
231
00:09:32,960 --> 00:09:34,970
none of these kids had
a propensity for violence.
232
00:09:35,030 --> 00:09:36,240
The things they
complain about are
233
00:09:36,300 --> 00:09:39,180
more or less the little
things that bother roommates.
234
00:09:41,870 --> 00:09:43,550
These are what
they call "one-on-ones."
235
00:09:43,610 --> 00:09:46,050
The kids speak
directly to the camera.
236
00:09:47,280 --> 00:09:50,730
WOMAN: How do you feel about Wes saying
you have no talent as a musician?
237
00:09:50,780 --> 00:09:51,950
He said that?
238
00:09:52,220 --> 00:09:54,560
He said it stemmed from
a lack of racial identity,
239
00:09:54,620 --> 00:09:57,430
that you were ashamed of
having a white mother.
240
00:09:57,490 --> 00:09:58,870
That that's what
prevented you from
241
00:09:58,920 --> 00:10:00,630
getting in touch
with your talent.
242
00:10:00,990 --> 00:10:02,100
He dissed my mother?
243
00:10:02,160 --> 00:10:04,160
Now, where the hell
does he get off doing that?
244
00:10:05,700 --> 00:10:07,110
PEREZ: Next.
245
00:10:07,530 --> 00:10:08,910
He said he slept with me?
246
00:10:08,970 --> 00:10:10,170
WOMAN: Wes said
your ambition was
247
00:10:10,240 --> 00:10:12,310
to be the girl all the boys
in the audience wanted,
248
00:10:12,370 --> 00:10:14,210
and the most surefire way
to accomplish that
249
00:10:14,270 --> 00:10:16,150
was to get
something going with him.
250
00:10:16,210 --> 00:10:17,450
That son of a bitch!
251
00:10:18,710 --> 00:10:19,920
And...
252
00:10:20,580 --> 00:10:21,960
AMBER: He read my e-mail?
253
00:10:22,010 --> 00:10:24,860
WOMAN: He not only read it,
he was posting it on the web.
254
00:10:24,920 --> 00:10:26,120
And your picture.
255
00:10:26,180 --> 00:10:27,560
Where?
256
00:10:27,620 --> 00:10:29,330
Pornographic chat rooms.
257
00:10:29,390 --> 00:10:30,920
I'll kill him.
258
00:10:32,490 --> 00:10:35,400
Now, that doesn't sound
like little things to me.
259
00:10:39,730 --> 00:10:41,540
The last time we spoke
260
00:10:41,600 --> 00:10:44,410
you gave us the impression that
everybody more or less got along.
261
00:10:44,470 --> 00:10:45,850
Everyone
more or less does.
262
00:10:45,900 --> 00:10:48,080
That's not what it sounded
like in those one-on-ones.
263
00:10:48,140 --> 00:10:50,550
Well, everyone gets along
perfectly, you have a flat line.
264
00:10:50,610 --> 00:10:53,180
And if by chance they do
happen to get along,
265
00:10:53,240 --> 00:10:54,950
you turn them
against each other?
266
00:10:55,710 --> 00:10:58,700
Well, I'd prefer to call it
stirring the pot.
267
00:10:58,750 --> 00:11:00,730
We take whatever conflicts are
already under the surface
268
00:11:00,790 --> 00:11:01,960
and tweak 'em, that's all.
269
00:11:02,020 --> 00:11:04,860
Well, do you think this stirring the pot
led to one of them going off the roof?
270
00:11:04,920 --> 00:11:05,960
Absolutely not.
271
00:11:06,020 --> 00:11:07,630
Well, we're gonna need to
hear that from them.
272
00:11:07,690 --> 00:11:08,970
COREY: You already
talked to them.
273
00:11:09,030 --> 00:11:11,300
That was when we thought everybody
was being straight with us.
274
00:11:11,360 --> 00:11:12,640
No. You know what?
275
00:11:12,700 --> 00:11:15,640
I'm done giving you guys
free reign to talk to my kids.
276
00:11:15,700 --> 00:11:17,770
I'm gonna be like a mother
tiger with her cubs.
277
00:11:17,840 --> 00:11:20,940
Does that mean you're gonna actively
interfere with the investigation
278
00:11:21,010 --> 00:11:22,580
instead of just misleading us?
279
00:11:22,640 --> 00:11:25,850
No. It means the kids are under
strict instructions not to talk
280
00:11:25,910 --> 00:11:27,650
unless there's
an attorney present.
281
00:11:27,710 --> 00:11:28,990
Oh, and don't try
and scare me with
282
00:11:29,050 --> 00:11:31,360
what's gonna happen
if I don't cooperate.
283
00:11:31,420 --> 00:11:34,450
I've been in network
television for 18 years.
284
00:11:34,520 --> 00:11:36,060
I don't scare.
285
00:11:36,820 --> 00:11:39,700
ED: Kids are all lawyered up,
producers aren't talking.
286
00:11:39,760 --> 00:11:40,900
Who do we go to next?
287
00:11:40,960 --> 00:11:42,800
How about the grunts who
actually do the work?
288
00:11:42,860 --> 00:11:45,500
Don't you think there's a chance that
mother tiger's already talked to them?
289
00:11:45,560 --> 00:11:47,010
Hey, they're at the bottom
of the food chain.
290
00:11:47,070 --> 00:11:49,510
Chances are she's
never talked to them.
291
00:11:50,200 --> 00:11:51,440
Producers know
you're talking to me?
292
00:11:51,500 --> 00:11:53,070
Why? You have to clear
everything with them?
293
00:11:53,140 --> 00:11:54,340
I do if I want
to keep working.
294
00:11:54,410 --> 00:11:56,150
Nobody knows
we're talking to you, man.
295
00:11:56,640 --> 00:11:58,090
Look,
there's a kid dead.
296
00:11:58,140 --> 00:11:59,820
All we're asking is that
you tell us anything
297
00:11:59,880 --> 00:12:01,860
about the cast
that might help us.
298
00:12:02,210 --> 00:12:03,350
I'm just a driver.
299
00:12:03,410 --> 00:12:05,590
Hey, I hear the drivers
know everything.
300
00:12:05,850 --> 00:12:08,230
I know where they get picked up, I
know where they get dropped off.
301
00:12:08,290 --> 00:12:09,630
They give you a schedule?
302
00:12:09,690 --> 00:12:10,930
Once a week.
303
00:12:12,720 --> 00:12:15,200
Anyone asks,
you didn't get it from me.
304
00:12:15,260 --> 00:12:18,670
Oh, hey, a stiff wind must've
blown it out the window.
305
00:12:19,030 --> 00:12:20,240
Thanks.
306
00:12:22,700 --> 00:12:24,910
Well, after looking
at all the tapes,
307
00:12:24,970 --> 00:12:27,470
we know everyone had
something against Wes.
308
00:12:27,540 --> 00:12:29,490
Well, we may know
something more than that.
309
00:12:29,540 --> 00:12:32,450
One of the drivers was a little bit
more forthcoming than the Kaufmans.
310
00:12:32,510 --> 00:12:33,610
He gave us
a shooting schedule.
311
00:12:33,680 --> 00:12:36,630
There's a camera operator,
a sound man, a director,
312
00:12:36,680 --> 00:12:39,130
and a production assistant
present at those tapings.
313
00:12:39,180 --> 00:12:41,320
And they have three different
crews, so they can either alternate
314
00:12:41,390 --> 00:12:44,130
or they can have the cast at three
different locations simultaneously.
315
00:12:44,190 --> 00:12:45,400
Well, how does that help us?
316
00:12:45,460 --> 00:12:48,300
Well, one of the camera operators that
was working the night of the homicide,
317
00:12:48,360 --> 00:12:50,170
he hasn't been
back to work since.
318
00:12:50,230 --> 00:12:52,670
Yeah, maybe he caught
a cold up on that roof.
319
00:12:52,900 --> 00:12:55,430
Well, let's see
how he's feeling now.
320
00:12:57,340 --> 00:12:58,710
Gavin isn't here.
321
00:12:58,770 --> 00:13:00,010
When'll he be back?
322
00:13:00,070 --> 00:13:01,520
Couple weeks. I'm not sure.
323
00:13:01,570 --> 00:13:03,020
What? He just picked up
and left?
324
00:13:03,070 --> 00:13:04,520
He didn't pick up and leave.
325
00:13:04,580 --> 00:13:06,180
He's in Montreal
working for the show.
326
00:13:06,240 --> 00:13:07,380
Montreal? Why?
327
00:13:07,450 --> 00:13:09,430
They always send the cast
on some kind of trip,
328
00:13:09,480 --> 00:13:10,890
and Gavin's there
scouting locations.
329
00:13:10,950 --> 00:13:12,520
Don't they have somebody
to do that?
330
00:13:12,720 --> 00:13:15,790
Gavin's their best cameraman, it
makes perfect sense they'd send him.
331
00:13:15,850 --> 00:13:17,860
Oh, perfect sense.
The day after a homicide?
332
00:13:18,120 --> 00:13:19,570
What are you thinking,
333
00:13:19,990 --> 00:13:21,700
he had something to do
with that kid's death?
334
00:13:21,760 --> 00:13:23,140
Either that
or he knows something.
335
00:13:23,190 --> 00:13:24,300
CLAIR: You're wrong.
ED: Clair.
336
00:13:24,360 --> 00:13:26,140
Gavin's been with the show
since the beginning.
337
00:13:26,200 --> 00:13:28,180
It's a little appreciation
for the work he's done.
338
00:13:28,230 --> 00:13:31,150
What you need to do is get on the
phone and get your boyfriend here.
339
00:13:31,200 --> 00:13:32,440
BRISCOE: If you don't,
we're gonna have to
340
00:13:32,500 --> 00:13:35,450
contact the Canadian authorities
and have him arrested.
341
00:13:37,240 --> 00:13:38,810
This is so unfair.
342
00:13:43,080 --> 00:13:45,080
They're always looking for
interesting places to shoot,
343
00:13:45,150 --> 00:13:46,360
interesting things for
the cast to do.
344
00:13:46,420 --> 00:13:47,690
They sent me up there
to set it up.
345
00:13:47,750 --> 00:13:50,160
How long you gonna stick
with that story, Gavin?
346
00:13:50,220 --> 00:13:52,670
'Cause I'm just trying to
plan my day here, you know?
347
00:13:52,720 --> 00:13:54,530
I don't appreciate
your sarcasm, Detective.
348
00:13:54,590 --> 00:13:57,230
We don't appreciate your client not
telling us what happened on that roof.
349
00:13:57,300 --> 00:13:58,640
GAVIN: I don't know
what happened.
350
00:13:58,700 --> 00:14:00,970
Only it seems like
you do know.
351
00:14:01,430 --> 00:14:04,780
Look, you're either the bad guy
here, or you're a material witness
352
00:14:04,840 --> 00:14:06,470
obstructing
a murder investigation.
353
00:14:06,540 --> 00:14:07,680
How do you figure that?
354
00:14:07,740 --> 00:14:10,410
Your client ran away from
the scene of a homicide.
355
00:14:10,480 --> 00:14:12,580
Didn't even bother
to call 911.
356
00:14:12,640 --> 00:14:15,280
LAWYER: Which makes him
guilty of absolutely nothing.
357
00:14:15,350 --> 00:14:17,990
The law neither obligates him to
report a crime he's witnessed
358
00:14:18,050 --> 00:14:20,390
or to stick around to wait for
the police to show up if he had.
359
00:14:20,450 --> 00:14:22,950
But whatever happened to
being a good Samaritan?
360
00:14:24,390 --> 00:14:26,770
Victim of an overly litigious
society, I'm afraid.
361
00:14:26,820 --> 00:14:28,930
ED: Yeah, well, we got another
victim, a 20-year-old
362
00:14:28,990 --> 00:14:31,300
with a broken neck who
could've used a hand.
363
00:14:31,860 --> 00:14:33,840
Gavin, you don't tell us
what happened on that roof,
364
00:14:33,900 --> 00:14:35,670
I promise you,
lawyer or no lawyer,
365
00:14:35,730 --> 00:14:37,710
I will make your
situation very difficult.
366
00:14:37,770 --> 00:14:38,910
LAWYER: Is that a threat?
Mmm-hmm.
367
00:14:38,970 --> 00:14:41,180
Oh, just consider it
the rantings
368
00:14:41,240 --> 00:14:43,650
of an overly
litigious detective.
369
00:14:44,080 --> 00:14:47,080
We may not be able to charge
your client, Counselor,
370
00:14:47,150 --> 00:14:49,350
but now that he's here,
you and I both know
371
00:14:49,410 --> 00:14:52,550
the D.A.'s gonna be able to
get a material witness order.
372
00:14:52,620 --> 00:14:54,360
ED: Oh, they hold you
in jail for that.
373
00:14:54,420 --> 00:14:56,730
What does he mean,
a "material witness order"?
374
00:14:57,960 --> 00:15:00,960
If the D.A. believes you possess
material information about a crime,
375
00:15:01,030 --> 00:15:04,270
he can ask the judge to detain you
in order to compel your testimony.
376
00:15:05,130 --> 00:15:07,510
I thought you said that I
didn't have to report anything.
377
00:15:07,570 --> 00:15:10,140
You didn't.
Now they know about you.
378
00:15:10,200 --> 00:15:11,700
Sort of changes things
a little.
379
00:15:11,770 --> 00:15:13,720
Law's a funny thing,
huh, Gavin?
380
00:15:17,280 --> 00:15:20,850
Look,
what happened is this.
381
00:15:21,580 --> 00:15:24,360
I was up on the roof, and
then the two of them came up
382
00:15:24,550 --> 00:15:25,960
and started going at it.
383
00:15:26,020 --> 00:15:27,360
The two of who?
384
00:15:27,890 --> 00:15:29,890
Wesley Tatum and Paul Wyler.
385
00:15:30,660 --> 00:15:32,030
Now Paul confronted Wes.
386
00:15:32,090 --> 00:15:33,430
ED: Confronted how?
387
00:15:34,330 --> 00:15:38,640
And then Wes slapped Paul, and things
just got out of hand from there.
388
00:15:38,700 --> 00:15:41,270
The next thing I know,
Wes is going over the side.
389
00:15:41,330 --> 00:15:44,010
BRISCOE: And you were doing what
while all this was going on?
390
00:15:44,070 --> 00:15:45,240
I'm shooting tape.
391
00:15:45,470 --> 00:15:46,810
You got this on film?
392
00:15:46,870 --> 00:15:48,580
No. I don't.
Well, who does?
393
00:15:48,840 --> 00:15:52,050
I gave it to post.
To post-production.
394
00:15:53,240 --> 00:15:56,160
The cameraman turned the tape in to
post-production that same night.
395
00:15:56,210 --> 00:15:57,250
Post-production?
396
00:15:57,320 --> 00:15:58,850
It's like the editors.
397
00:15:58,920 --> 00:16:00,690
Well, how'd he wind up
in Montreal?
398
00:16:00,750 --> 00:16:02,630
Hmm. A producer said
that he needed a break.
399
00:16:03,190 --> 00:16:04,720
I bet they did.
400
00:16:04,790 --> 00:16:07,430
Carmichael's faxing over
a warrant for the tape.
401
00:16:07,660 --> 00:16:10,800
Oh, I'm not waiting for a warrant.
We have an eye-witness.
402
00:16:10,860 --> 00:16:12,860
You go pick up the kid,
take Reina with you,
403
00:16:12,930 --> 00:16:15,270
and when the warrant
gets here, go get the tape.
404
00:16:15,330 --> 00:16:16,940
What, all by myself?
405
00:16:18,340 --> 00:16:19,940
I'm not supposed to be
talking with you guys.
406
00:16:20,000 --> 00:16:22,450
All right, let's dispense
with the preliminaries.
407
00:16:22,510 --> 00:16:24,780
I got a search warrant here.
If you don't cooperate,
408
00:16:24,840 --> 00:16:27,250
I'm gonna be forced
to place you under arrest.
409
00:16:27,650 --> 00:16:29,450
You're gonna place me
under arrest?
410
00:16:29,510 --> 00:16:31,960
I make $7.30 an hour,
411
00:16:32,020 --> 00:16:33,790
I log video tapes
for the editors,
412
00:16:33,850 --> 00:16:36,260
the producers don't even
call me by my right name,
413
00:16:36,320 --> 00:16:38,360
and you're gonna place me
under arrest?
414
00:16:38,420 --> 00:16:39,600
Justin, right?
415
00:16:39,890 --> 00:16:41,060
Right. Justin.
416
00:16:41,130 --> 00:16:42,300
All right,
take it easy, Justin.
417
00:16:42,360 --> 00:16:44,240
All I want you to do is
tell me whether or not
418
00:16:44,300 --> 00:16:47,500
you logged in a tape
the night of February 21st.
419
00:16:48,670 --> 00:16:50,740
February 21st.
420
00:16:51,570 --> 00:16:52,810
Right.
421
00:16:57,940 --> 00:16:59,980
Gavin delivered a tape.
422
00:17:00,040 --> 00:17:03,180
From the hand-held camera.
I logged it in.
423
00:17:03,250 --> 00:17:06,090
Terrific. Now I'd like you
to get it for me.
424
00:17:08,820 --> 00:17:12,200
Yeah, well, the Kaufmans said not to
talk to you without a lawyer present.
425
00:17:12,260 --> 00:17:13,830
Yeah? Well, Paul Wyler's
the one we're looking for.
426
00:17:13,890 --> 00:17:16,130
If he wants to have a lawyer
present, it's his right.
427
00:17:16,190 --> 00:17:17,830
We don't know
where Paul is.
428
00:17:17,900 --> 00:17:20,100
That goes
for the rest of you?
429
00:17:22,070 --> 00:17:23,700
Come on, guys, there was
a fight on the roof.
430
00:17:23,770 --> 00:17:27,080
We don't know if Paul pushed Wes by
accident, or if it was self-defense,
431
00:17:27,140 --> 00:17:29,740
but there's a whole bunch of
ways that Paul can beat this.
432
00:17:29,810 --> 00:17:33,550
You're not helping him or yourselves
by not telling us where he is.
433
00:17:34,950 --> 00:17:35,980
I know where he is.
434
00:17:36,050 --> 00:17:37,720
Amber!
It's enough.
435
00:17:37,780 --> 00:17:39,280
The whole thing is enough.
436
00:17:40,050 --> 00:17:41,890
I have a phone number
where I can reach him.
437
00:17:41,950 --> 00:17:44,130
ED: So, let's call him
and arrange a meeting.
438
00:17:44,990 --> 00:17:46,660
There's no chance
the tape's just lost?
439
00:17:46,720 --> 00:17:49,030
I had the guy turn
the place upside down.
440
00:17:49,090 --> 00:17:50,770
The tape's not lost.
It's missing.
441
00:17:50,830 --> 00:17:52,000
Somebody took it.
442
00:17:52,060 --> 00:17:54,240
Yeah. My money's
on Fred and Ethel.
443
00:18:00,840 --> 00:18:02,410
Stay where you are.
444
00:18:03,540 --> 00:18:05,420
Get out of the car, Paul.
445
00:18:05,910 --> 00:18:07,650
Put your hands
on top of the cab.
446
00:18:08,050 --> 00:18:09,750
How could you
do this to me?
447
00:18:09,810 --> 00:18:11,160
I was trying to
help you.
448
00:18:11,220 --> 00:18:14,130
Oh, yeah? Yeah, you're
doing a great job so far.
449
00:18:14,190 --> 00:18:17,500
Paul Wyler, you're under arrest
for the murder of Wesley Tatum.
450
00:18:21,290 --> 00:18:23,000
AARONSON: This
was an accident.
451
00:18:23,060 --> 00:18:25,840
Then why didn't your client
come forward right away?
452
00:18:26,760 --> 00:18:32,040
We have a cameraman who'll say your
client pushed Wesley Tatum off that roof.
453
00:18:32,100 --> 00:18:34,810
That is a total misconstruing
of what happened.
454
00:18:34,870 --> 00:18:36,650
CARMICHAEL: It's easy to say
with the videotape missing.
455
00:18:36,710 --> 00:18:38,310
I've never seen
any videotape,
456
00:18:38,380 --> 00:18:39,880
and I resent
the implication.
457
00:18:39,940 --> 00:18:42,360
So you have no idea
how it came to be missing?
458
00:18:42,410 --> 00:18:45,020
None. But that doesn't change
the fact that it's missing.
459
00:18:45,080 --> 00:18:46,150
Meaning what?
460
00:18:46,220 --> 00:18:48,700
Meaning without it, you have a
substantially weakened case.
461
00:18:49,420 --> 00:18:51,560
Even without the videotape,
we have an eye-witness.
462
00:18:51,620 --> 00:18:53,070
With a camera
in front of his face,
463
00:18:53,120 --> 00:18:55,000
paying attention to a hundred
different things at once.
464
00:18:55,060 --> 00:18:56,730
CARMICHAEL: Who viewed
the murder through a lens.
465
00:18:56,790 --> 00:18:59,930
You keep mentioning lenses,
I'll keep asking for the tape.
466
00:19:00,000 --> 00:19:03,770
You don't think I can punch holes in
that, you are very much mistaken.
467
00:19:06,100 --> 00:19:08,950
She's right. If the jury hears
there's a tape of the crime
468
00:19:09,010 --> 00:19:10,310
and we can't produce it...
469
00:19:10,370 --> 00:19:12,410
They'll wonder why.
I wonder why.
470
00:19:13,210 --> 00:19:16,660
You know, it wouldn't be pretty if that
tape showed up in the middle of the trial.
471
00:19:17,010 --> 00:19:18,520
Get an order to show cause.
472
00:19:18,580 --> 00:19:20,460
Start with the producers.
473
00:19:24,460 --> 00:19:27,600
As my responding papers indicate,
Your Honor, neither myself,
474
00:19:27,660 --> 00:19:30,300
nor my clients are in
possession of this videotape.
475
00:19:30,600 --> 00:19:32,440
Your Honor, the People
have provided the court
476
00:19:32,500 --> 00:19:34,810
with an affidavit from
the editor of the show
477
00:19:34,870 --> 00:19:37,900
indicating there was a videotape
made, that it was logged in,
478
00:19:37,970 --> 00:19:40,280
and that the only people who had
the authority to remove that tape
479
00:19:40,340 --> 00:19:41,780
were the executive producers.
480
00:19:41,840 --> 00:19:45,180
How about it, Mr. Behrens? Did
your clients remove the tape?
481
00:19:46,210 --> 00:19:49,450
Unfortunately, Your Honor, any
response to the court's inquiry
482
00:19:49,510 --> 00:19:52,220
would constitute a breach of
the attorney-client privilege.
483
00:19:52,580 --> 00:19:54,030
Only if his answer is "yes."
484
00:19:54,090 --> 00:19:56,760
Judge, assuming arguendo
485
00:19:56,820 --> 00:20:00,130
that my clients, in fact, came to
my office with this videotape,
486
00:20:00,190 --> 00:20:02,760
professional ethics would have
precluded me from turning it over.
487
00:20:03,260 --> 00:20:04,870
To do so might have
incriminated them.
488
00:20:05,360 --> 00:20:06,570
What did you do with it?
489
00:20:08,000 --> 00:20:09,070
Hypothetically?
490
00:20:09,130 --> 00:20:12,080
Hypothetically, this is
a homicide, Mr. Behrens.
491
00:20:12,140 --> 00:20:14,620
Hypothetically,
somebody took that tape,
492
00:20:14,940 --> 00:20:17,680
and whoever it was better
tell me what happened to it
493
00:20:17,740 --> 00:20:22,210
or where it is, otherwise,
hypothetically somebody's going to jail.
494
00:20:23,480 --> 00:20:26,720
Judge, are you ordering me to
disclose the location of this tape?
495
00:20:26,780 --> 00:20:28,490
Now you've got it, Counselor.
496
00:20:30,790 --> 00:20:32,500
Well, in that case,
497
00:20:32,560 --> 00:20:36,940
at this time I would like to direct the
court's attention to in rem filing
498
00:20:36,990 --> 00:20:41,880
New York State Supreme Court
index number 75936.
499
00:20:41,930 --> 00:20:43,310
What's the relevance of that?
500
00:20:43,870 --> 00:20:46,410
Well, the videotape's in the
basement of this courthouse.
501
00:20:49,170 --> 00:20:50,450
(SIGHS)
502
00:20:51,610 --> 00:20:52,850
I'd like to know
on what basis
503
00:20:52,910 --> 00:20:55,290
a potentially crucial piece
of evidence was concealed?
504
00:20:55,350 --> 00:20:56,550
Nothing was concealed.
505
00:20:56,610 --> 00:21:00,320
I was merely safeguarding the confidentiality
of a privileged communication
506
00:21:00,380 --> 00:21:03,300
by filing the videotape as
an exhibit to an application
507
00:21:03,350 --> 00:21:06,530
seeking direction from the
court as to how not to engage
508
00:21:06,590 --> 00:21:07,900
in an obstruction
of justice.
509
00:21:07,960 --> 00:21:10,670
Once again, in English,
Mr. Behrens.
510
00:21:10,730 --> 00:21:13,730
Your Honor, uh, suppose your
client comes into your office,
511
00:21:13,800 --> 00:21:15,180
drops a gun on your desk,
and tells you
512
00:21:15,230 --> 00:21:16,870
he just used it
to kill his wife.
513
00:21:16,930 --> 00:21:19,280
Now, the disciplinary rules
governing attorneys
514
00:21:19,340 --> 00:21:22,340
would forbid me from turning
that gun over to the police
515
00:21:22,410 --> 00:21:24,320
because to do so
would incriminate my client.
516
00:21:24,540 --> 00:21:26,110
At the same time I, uh...
517
00:21:26,480 --> 00:21:28,080
I can't keep that gun
in my office.
518
00:21:28,150 --> 00:21:30,250
So you filed the tape
with the civil court?
519
00:21:30,310 --> 00:21:31,320
Yes.
520
00:21:31,380 --> 00:21:33,760
It still constitutes concealment
of material evidence.
521
00:21:33,820 --> 00:21:37,200
And we still don't know who it was who
turned over the tape to Mr. Behrens.
522
00:21:37,460 --> 00:21:40,060
Judge, again,
as I said before,
523
00:21:40,120 --> 00:21:42,870
I'm not at liberty to reveal that.
Nor will I.
524
00:21:42,930 --> 00:21:46,880
Careful, Mr. Behrens. I don't like being
told what counsel will and won't do.
525
00:21:47,300 --> 00:21:48,710
I apologize, Your Honor.
526
00:21:49,070 --> 00:21:50,880
Trouble is, Judge,
I'm not really sure
527
00:21:50,940 --> 00:21:53,580
whose interests
Mr. Behrens represents here.
528
00:21:54,210 --> 00:21:57,020
Which is a clever way
for Mr. McCoy to access
529
00:21:57,070 --> 00:21:59,210
privileged information
through a back door
530
00:21:59,280 --> 00:22:01,880
he wouldn't otherwise be
entitled to through the front.
531
00:22:01,950 --> 00:22:05,660
Relax, Mr. Behrens. I'm not going
to make you kiss and tell.
532
00:22:06,020 --> 00:22:10,090
However, I see no problem with the People
now being able to view the videotape.
533
00:22:10,150 --> 00:22:12,460
Judge, since my client is
the defendant in this case,
534
00:22:12,520 --> 00:22:15,090
I'd like the opportunity to
prepare a motion to suppress.
535
00:22:15,160 --> 00:22:16,230
CARMICHAEL: On what grounds?
536
00:22:16,290 --> 00:22:18,600
Obviously it was someone from
the show who removed the tape,
537
00:22:18,660 --> 00:22:20,540
which means there's no violation
of the Fourth Amendment.
538
00:22:20,600 --> 00:22:23,740
I agree. There's been no search
or seizure by the police.
539
00:22:23,800 --> 00:22:27,110
In any event, you'd have no standing
to contest it even if there were.
540
00:22:27,170 --> 00:22:28,810
Now let's see what
we're talking about here.
541
00:22:28,870 --> 00:22:31,080
Judge, then I object to
the court viewing the tape
542
00:22:31,140 --> 00:22:33,250
before I've been given
an opportunity to do so.
543
00:22:33,310 --> 00:22:36,220
Objection noted, Counselor,
and overruled.
544
00:22:38,280 --> 00:22:41,890
Now if there are no other lawyers
who have something to say,
545
00:22:42,320 --> 00:22:44,360
the court wants to
see the tape.
546
00:22:48,160 --> 00:22:50,870
PAUL: Look, I just want to know, was
it you that let Amber's cat out?
547
00:22:50,930 --> 00:22:52,670
What's it to you?
Was it you?
548
00:22:52,730 --> 00:22:55,140
What are you, Amber's big,
strong protector now?
549
00:22:55,200 --> 00:22:56,470
I want you
out of the house
550
00:22:56,530 --> 00:22:59,280
Oh, really? Why? So you could tell
Amber how big and brave you were?
551
00:22:59,340 --> 00:23:00,750
Oh, shut up. Shut up.
Oh, maybe you'll get lucky.
552
00:23:00,810 --> 00:23:02,580
Shut your mouth, Wes.
Hey, look.
553
00:23:02,640 --> 00:23:03,710
You want to get
in Amber's pants,
554
00:23:03,770 --> 00:23:05,690
you gotta do a little more than just talk.
Get off me, man.
555
00:23:05,740 --> 00:23:07,120
That the best you got?
556
00:23:07,180 --> 00:23:09,560
You're not gonna
mess with me, man, okay?
557
00:23:09,610 --> 00:23:12,890
Let's see, was it me
who let Amber's cat out?
558
00:23:12,950 --> 00:23:14,730
Yeah, I think it was.
Oh, yeah?
559
00:23:15,390 --> 00:23:16,830
Let me go!
560
00:23:19,590 --> 00:23:21,000
(BOTH GRUNTING)
561
00:23:22,730 --> 00:23:24,000
(WES SCREAMING)
562
00:23:29,000 --> 00:23:30,480
Mr. McCoy.
563
00:23:31,840 --> 00:23:33,750
I think we're ready
to talk about a plea.
564
00:23:33,800 --> 00:23:36,510
I'm not sure there's anything
left to talk about, Ms. Aaronson.
565
00:23:36,570 --> 00:23:38,750
Trust me. There is.
566
00:23:40,510 --> 00:23:42,350
Dying declaration?
567
00:23:42,610 --> 00:23:44,420
Apparently, the fall
didn't kill him.
568
00:23:44,480 --> 00:23:47,290
At least not before
Paul Wyler spoke to him.
569
00:23:47,350 --> 00:23:48,560
What did he say?
570
00:23:48,620 --> 00:23:50,360
Wyler will testify
that before he died,
571
00:23:50,420 --> 00:23:53,530
Wesley Tatum told him he'd been sent
up on that roof to pick a fight.
572
00:23:54,260 --> 00:23:55,930
It was staged?
573
00:23:55,990 --> 00:23:58,530
Only no one told
Paul Wyler about it.
574
00:23:58,860 --> 00:24:00,570
More dramatic
if he didn't know.
575
00:24:02,430 --> 00:24:03,970
Then who did know?
576
00:24:04,840 --> 00:24:08,150
Well, apparently they were smart enough
not to put it in a production note.
577
00:24:08,210 --> 00:24:09,710
Production note?
578
00:24:10,340 --> 00:24:14,290
Yeah. It's how the producers know what's
gonna happen from episode to episode.
579
00:24:14,350 --> 00:24:16,150
They take each kid,
talk to them once a week,
580
00:24:16,210 --> 00:24:18,350
find out what their plans
are outside the loft,
581
00:24:18,420 --> 00:24:19,720
and then that helps them
to decide
582
00:24:19,780 --> 00:24:21,820
which ones they're gonna
follow with a camera crew.
583
00:24:23,190 --> 00:24:25,130
And the night of the fight?
584
00:24:26,820 --> 00:24:29,360
They taped Jeremy
at a poetry reading.
585
00:24:29,890 --> 00:24:31,310
No mention of the roof.
586
00:24:31,830 --> 00:24:34,000
So how'd this cameraman
know to be there?
587
00:24:34,770 --> 00:24:37,270
Everyone in the crew is listed
in their production reports.
588
00:24:37,330 --> 00:24:39,180
Time in and time out.
589
00:24:39,700 --> 00:24:42,810
8:00 a.m. to 4:00 p.m., 4:00
to 12:00, 12:00 to 8:00.
590
00:24:42,870 --> 00:24:44,550
That's eight-hour shifts.
591
00:24:45,510 --> 00:24:47,110
Everything after that,
time and a half?
592
00:24:48,180 --> 00:24:51,960
Yeah. This cameraman on
the roof worked 15 hours.
593
00:24:53,920 --> 00:24:56,420
I went up there because I
thought I might grab something.
594
00:24:56,850 --> 00:24:59,030
The footage of an argument
on the rooftop,
595
00:24:59,090 --> 00:25:01,260
the night sky, building
lit up in the background.
596
00:25:01,330 --> 00:25:03,360
So no one told you to
go up there beforehand?
597
00:25:03,430 --> 00:25:06,870
Gavin's got pretty good instincts
for where to be. No one has to.
598
00:25:07,300 --> 00:25:09,540
We're asking
if anyone did this time.
599
00:25:09,600 --> 00:25:11,980
Look, man, all I do
is run a camera.
600
00:25:13,000 --> 00:25:15,070
You put in for
seven hours of overtime
601
00:25:15,140 --> 00:25:17,880
in a company where no one
ever puts in for any.
602
00:25:18,080 --> 00:25:20,320
Are you gonna tell me that
wasn't by pre-arrangement?
603
00:25:20,380 --> 00:25:22,080
You can't pre-arrange
what happened.
604
00:25:22,150 --> 00:25:24,130
Are you really prepared to
deal with the consequences
605
00:25:24,180 --> 00:25:26,180
of when we find out
you're lying?
606
00:25:26,250 --> 00:25:27,320
I can't stand this.
607
00:25:27,380 --> 00:25:28,830
GAVIN: Clair, I gotta work.
608
00:25:28,890 --> 00:25:30,920
No. Not like this.
609
00:25:32,120 --> 00:25:35,200
The producers knew that something
was gonna happen between them.
610
00:25:35,260 --> 00:25:37,640
They sent Gavin
to get it on tape. Okay?
611
00:25:38,000 --> 00:25:39,170
Done.
612
00:25:44,640 --> 00:25:45,910
Amber, I was just...
613
00:25:45,970 --> 00:25:47,850
COREY: I don't know, why don't
we just trim the headshot
614
00:25:47,910 --> 00:25:49,320
and go directly
to the kitchen?
615
00:25:49,370 --> 00:25:51,580
Well, still we're gonna
be long 40 seconds.
616
00:25:51,640 --> 00:25:53,020
That's a wrap.
617
00:25:53,880 --> 00:25:55,050
How did you get in here?
618
00:25:55,110 --> 00:25:56,150
With this.
619
00:25:56,210 --> 00:25:58,920
You're both under arrest for
the murder of Wesley Tatum.
620
00:25:58,980 --> 00:26:01,190
You can't arrest us.
We have a show to finish.
621
00:26:01,250 --> 00:26:03,390
Consider yourself canceled.
622
00:26:09,460 --> 00:26:11,300
We got your message,
Mr. Kaufman,
623
00:26:11,360 --> 00:26:13,540
but you're both
represented by counsel.
624
00:26:13,600 --> 00:26:16,240
If you have something to say to us,
you need to go through Mr. Behrens.
625
00:26:16,300 --> 00:26:19,610
Behrens? His only
interest is the network.
626
00:26:19,670 --> 00:26:21,210
He doesn't care
what happens to us.
627
00:26:21,270 --> 00:26:23,220
Yeah. He came
down to see us.
628
00:26:23,540 --> 00:26:25,380
To make sure we didn't
talk to anyone.
629
00:26:25,440 --> 00:26:26,940
We fired his ass.
630
00:26:27,010 --> 00:26:28,890
What was Behrens
afraid you'd say?
631
00:26:28,950 --> 00:26:30,320
First off,
I want to be clear.
632
00:26:30,380 --> 00:26:32,420
We never set our people
against each other.
633
00:26:32,480 --> 00:26:34,760
We watched those tapes.
That's exactly what you did.
634
00:26:34,820 --> 00:26:38,290
Never like that. We knew
our kids, Ms. Carmichael.
635
00:26:38,360 --> 00:26:40,030
Wes and Paul
were both volatile.
636
00:26:40,090 --> 00:26:42,870
It wasn't a situation
we'd have allowed to happen.
637
00:26:43,030 --> 00:26:45,700
We're not responsible for sending
those kids up to that roof.
638
00:26:45,830 --> 00:26:47,100
Who was?
639
00:26:48,530 --> 00:26:51,570
You have to understand,
this was our first hit show.
640
00:26:51,870 --> 00:26:53,680
After almost 20 years.
641
00:26:53,740 --> 00:26:56,050
You pitch and you pitch,
and then you go in
642
00:26:56,110 --> 00:26:58,550
and some kid
with jelled hair says,
643
00:26:58,610 --> 00:27:00,520
"Sorry, we're going
in a different direction."
644
00:27:00,580 --> 00:27:02,960
But not this time.
This time they said "yes."
645
00:27:03,350 --> 00:27:05,050
Who?
MELANIE: Byron Stark.
646
00:27:05,350 --> 00:27:09,060
He's the network vice president
in charge of current programming.
647
00:27:09,690 --> 00:27:11,290
The kid with the hair gel.
648
00:27:11,720 --> 00:27:12,790
Hmm.
649
00:27:13,960 --> 00:27:17,930
According to the Kaufmans, Stark didn't
trust them to get a real fight going.
650
00:27:18,000 --> 00:27:20,270
So he stepped in
and started it himself.
651
00:27:20,930 --> 00:27:22,310
Have you arranged to
have him to come in?
652
00:27:22,370 --> 00:27:23,570
I don't want to do that.
653
00:27:23,970 --> 00:27:26,350
Well, he's a network
vice president, Jack.
654
00:27:26,400 --> 00:27:28,940
Don't you think we should give him
the opportunity to surrender?
655
00:27:29,010 --> 00:27:31,280
From the portrait
the Kaufmans paint,
656
00:27:31,340 --> 00:27:34,590
I doubt very seriously if this man even
believes he can be asked to surrender.
657
00:27:34,650 --> 00:27:36,520
I don't want to give him the
chance to destroy evidence
658
00:27:36,580 --> 00:27:38,320
when he discovers
he's mistaken.
659
00:27:38,950 --> 00:27:40,390
Pick him up.
660
00:27:44,020 --> 00:27:45,470
BRISCOE: Byron Stark?
Yeah?
661
00:27:45,520 --> 00:27:46,760
I told them to
wait outside.
662
00:27:46,820 --> 00:27:48,930
New York City Police
Department, Mr. Stark.
663
00:27:48,990 --> 00:27:50,270
We need you to
take a ride with us.
664
00:27:50,330 --> 00:27:51,930
That's funny. (CHUCKLES)
I beg your pardon.
665
00:27:52,000 --> 00:27:54,640
No, that's good. That's a great bit.
Who sent you over here?
666
00:27:54,700 --> 00:27:56,010
Is this Brillstein
put you up to this?
667
00:27:56,070 --> 00:27:57,910
This ain't a joke, sir.
We need you to come with us.
668
00:27:57,970 --> 00:27:59,110
Maybe we should
come back later.
669
00:27:59,170 --> 00:28:01,620
Stay where you are.
You guys are both terrific.
670
00:28:01,670 --> 00:28:04,120
You should leave your head shots and
resumes with my assistant outside.
671
00:28:04,170 --> 00:28:05,650
Cuff him. What? Are
you kidding me?
672
00:28:05,710 --> 00:28:07,280
No, we're placing you
under arrest.
673
00:28:07,340 --> 00:28:08,850
All right,
now I'm getting mad.
674
00:28:08,910 --> 00:28:11,320
Call Brillstein. Tell him
this went way beyond funny,
675
00:28:11,380 --> 00:28:13,920
and then stay by the phone so
when these idiots drop me off,
676
00:28:13,980 --> 00:28:15,690
you can have a car sent
to pick me up.
677
00:28:15,750 --> 00:28:17,360
Where are you taking him?
678
00:28:17,720 --> 00:28:21,000
You can't be serious about
charging a network vice president?
679
00:28:21,060 --> 00:28:23,000
Do we look
as if we aren't serious?
680
00:28:23,260 --> 00:28:27,640
Don't you people understand entertainment?
Wes was playacting.
681
00:28:27,700 --> 00:28:29,870
You forgot to tell that
to Paul Wyler.
682
00:28:29,930 --> 00:28:32,170
It's a reality show.
Understand?
683
00:28:32,500 --> 00:28:34,610
If Wyler had been
told that it was fake,
684
00:28:34,670 --> 00:28:36,620
his reactions wouldn't
have been real.
685
00:28:37,240 --> 00:28:41,250
So you pit one kid against another
in order to get better TV ratings
686
00:28:41,310 --> 00:28:43,020
and to hell
with their well-being.
687
00:28:43,080 --> 00:28:46,460
These kids want to be on the show.
They beg to be on it.
688
00:28:46,780 --> 00:28:48,760
And millions of
Americans watch.
689
00:28:48,820 --> 00:28:50,460
How badly
could I be treating them?
690
00:28:50,520 --> 00:28:52,330
JACK: Let me give you
a quick sketch of what
691
00:28:52,390 --> 00:28:55,170
a manslaughter case
might look like, Mr. Stark.
692
00:28:55,230 --> 00:28:58,600
Someone incites someone else,
over whom they have authority
693
00:28:58,660 --> 00:29:01,640
or influence, to commit
an act of violence.
694
00:29:02,030 --> 00:29:03,880
They arrange for
the violence to occur.
695
00:29:03,930 --> 00:29:06,880
It does, in fact, occur,
and leads to someone's death.
696
00:29:07,840 --> 00:29:09,220
I didn't intend any harm.
697
00:29:09,510 --> 00:29:11,610
Your actual intent
is irrelevant.
698
00:29:12,280 --> 00:29:15,350
So, suddenly a television show's
responsible when some kid goes nuts?
699
00:29:15,410 --> 00:29:17,650
Not a television show,
Mr. Stark. You.
700
00:29:17,750 --> 00:29:19,790
Who's after ratings
now, McCoy?
701
00:29:27,460 --> 00:29:29,900
JACK: What was your
relationship with Wesley Tatum?
702
00:29:29,960 --> 00:29:33,840
Wes would go out of his way to provoke
people as a way of getting attention.
703
00:29:34,570 --> 00:29:38,740
Did one such provocation occur sometime
before the night of February 21st?
704
00:29:38,800 --> 00:29:40,110
Yes, sir.
705
00:29:40,500 --> 00:29:42,310
Would you tell the court
what that was?
706
00:29:42,370 --> 00:29:44,480
Amber, one of the girls
in the loft,
707
00:29:44,540 --> 00:29:48,750
had a cat she was very attached to.
The cat disappeared.
708
00:29:49,350 --> 00:29:51,490
Amber told me that Wes
left her with the impression
709
00:29:51,550 --> 00:29:53,760
that he deliberately
let the cat outside.
710
00:29:54,120 --> 00:29:55,460
Did you say something to him?
711
00:29:55,520 --> 00:29:57,230
I told him I wanted
to talk to him.
712
00:29:57,290 --> 00:29:58,700
What was his response?
713
00:29:59,090 --> 00:30:01,160
He suggested that
we go up on the roof.
714
00:30:01,230 --> 00:30:03,400
And what happened
when you got to the roof?
715
00:30:04,130 --> 00:30:06,130
He admitted about the cat,
716
00:30:06,200 --> 00:30:08,970
he taunted me,
and then he slapped me.
717
00:30:09,300 --> 00:30:10,470
And what did you do?
718
00:30:10,530 --> 00:30:11,570
I lost it.
719
00:30:11,640 --> 00:30:14,740
I mean, uh, he said something
about Amber, and I just snapped.
720
00:30:15,140 --> 00:30:17,380
We started fighting.
721
00:30:18,680 --> 00:30:23,450
Uh, then somehow I wound up
pushing him over the side.
722
00:30:23,650 --> 00:30:27,290
Would you tell the court
what you did following that?
723
00:30:27,750 --> 00:30:29,990
When I got to him,
he was lying there,
724
00:30:31,050 --> 00:30:33,470
his eyes looking
right up at me.
725
00:30:33,960 --> 00:30:35,830
I could see he wanted
to tell me something,
726
00:30:35,890 --> 00:30:38,030
so I leaned down and...
Objection.
727
00:30:38,100 --> 00:30:39,540
Dying declaration,
Your Honor.
728
00:30:39,600 --> 00:30:42,200
Which must be made by a person
contemplating their own death.
729
00:30:42,270 --> 00:30:44,250
There's no evidence Mr. Tatum
believed he was dying
730
00:30:44,300 --> 00:30:45,610
at the time he made
the statement.
731
00:30:45,670 --> 00:30:48,310
He'd just been pushed off
a rooftop, Mr. Behrens.
732
00:30:48,370 --> 00:30:51,650
I'd think that qualifies.
Your objection's overruled.
733
00:30:53,610 --> 00:30:57,080
What, if anything, did
Wesley Tatum say to you?
734
00:30:59,150 --> 00:31:00,530
He, uh...
735
00:31:01,990 --> 00:31:04,260
He just looked at me.
736
00:31:05,090 --> 00:31:06,500
It was, uh...
737
00:31:07,420 --> 00:31:10,000
It was hard
for him to speak.
738
00:31:13,660 --> 00:31:16,370
He said, "What'd you
do that for, man?
739
00:31:17,940 --> 00:31:19,570
"Didn't you talk to 'em?"
740
00:31:21,100 --> 00:31:23,310
And I just looked at him.
741
00:31:24,880 --> 00:31:26,510
Then he said,
742
00:31:27,840 --> 00:31:29,380
"It was an act."
743
00:31:29,450 --> 00:31:31,450
Did you ask him
what he meant by that?
744
00:31:31,520 --> 00:31:32,720
Yeah.
745
00:31:33,020 --> 00:31:34,390
What did he say?
746
00:31:36,320 --> 00:31:37,890
Nothing. He died.
747
00:31:41,230 --> 00:31:43,000
I have no further questions.
748
00:31:48,070 --> 00:31:50,550
Did you ever meet
Mr. Stark before?
749
00:31:50,600 --> 00:31:53,910
PAUL: Once, at one of those network press
things kicking off the new season.
750
00:31:54,270 --> 00:31:56,340
I think he was at
my casting session.
751
00:31:56,410 --> 00:31:58,220
But did you know him
to be involved
752
00:31:58,280 --> 00:32:00,120
in the day-to-day
production of the show?
753
00:32:00,380 --> 00:32:01,450
No.
754
00:32:01,510 --> 00:32:03,990
He ever give you any directions
as to how to behave?
755
00:32:04,050 --> 00:32:05,150
No.
756
00:32:05,450 --> 00:32:07,360
He tell you to go up
on the roof with Wes?
757
00:32:08,590 --> 00:32:09,660
No.
758
00:32:09,720 --> 00:32:12,390
Did he tell you to physically
assault Wesley Tatum?
759
00:32:15,890 --> 00:32:17,100
No.
760
00:32:18,560 --> 00:32:19,800
No further questions.
761
00:32:23,170 --> 00:32:26,080
What was the role of the defendant
in the production of Deal With It?
762
00:32:26,140 --> 00:32:28,550
He championed the show
when we first got going.
763
00:32:28,610 --> 00:32:32,110
When the show took off,
he thought of it as his.
764
00:32:32,880 --> 00:32:35,250
How frequently did he
talk to you about it?
765
00:32:35,710 --> 00:32:37,060
Every day.
766
00:32:38,180 --> 00:32:41,560
Did he ever talk to people on
the show other than yourself?
767
00:32:41,620 --> 00:32:44,500
All the time. He talked to directors,
he talked to cast members,
768
00:32:44,560 --> 00:32:46,830
he'd show up when we were
taping the one-on-ones.
769
00:32:46,890 --> 00:32:49,170
JACK: How about casting?
Was he part of that process?
770
00:32:49,230 --> 00:32:50,670
MELANIE: Bryon
had the final word.
771
00:32:50,730 --> 00:32:53,970
The final word?
Then there was disagreement?
772
00:32:55,230 --> 00:32:57,540
I didn't want Paul Wyler
or Wes Tatum.
773
00:32:57,730 --> 00:32:58,800
Why not?
774
00:32:58,870 --> 00:33:00,580
Wes just wasn't
a team player.
775
00:33:01,410 --> 00:33:03,210
Conflict is one thing.
776
00:33:03,270 --> 00:33:06,780
Perpetual obnoxiousness, that's
an entirely different matter.
777
00:33:07,010 --> 00:33:08,420
JACK: And Paul Wyler?
778
00:33:08,480 --> 00:33:11,480
He had a very questionable
psychological profile.
779
00:33:12,180 --> 00:33:14,790
Corey and I just didn't think
Paul could handle the stress.
780
00:33:14,850 --> 00:33:16,760
But the defendant
thought he could?
781
00:33:17,420 --> 00:33:20,370
Oh, Byron Stark thought that
would make good television.
782
00:33:20,420 --> 00:33:21,990
Especially if Paul
couldn't handle it.
783
00:33:22,060 --> 00:33:23,940
Objection.
Sustained.
784
00:33:24,160 --> 00:33:25,700
Jury will disregard.
785
00:33:27,330 --> 00:33:30,400
Did the defendant ever conduct
an off-camera interview
786
00:33:30,470 --> 00:33:32,040
with any member
of the cast?
787
00:33:32,170 --> 00:33:34,120
On one occasion.
With Wes Tatum.
788
00:33:34,170 --> 00:33:35,380
Present at the time?
789
00:33:35,440 --> 00:33:36,580
Yes.
790
00:33:36,640 --> 00:33:41,150
Would you tell the court what you
heard the defendant say to Mr. Tatum?
791
00:33:41,210 --> 00:33:44,780
He told him the show needed
fireworks going into sweeps.
792
00:33:44,850 --> 00:33:46,730
He told Wes he was
our "go-to guy,"
793
00:33:46,780 --> 00:33:48,460
that was the expression
he used,
794
00:33:48,520 --> 00:33:52,470
and he wanted Wes to get something going
physically with one of the cast members.
795
00:33:52,520 --> 00:33:54,300
Did he specify with whom?
796
00:33:54,360 --> 00:33:57,130
He went through a list
of possible altercations.
797
00:33:57,290 --> 00:33:59,240
Was Paul Wyler among them?
798
00:34:01,200 --> 00:34:04,180
That was Byron's first choice.
799
00:34:05,570 --> 00:34:06,980
JACK: Nothing further.
800
00:34:08,370 --> 00:34:11,840
What else was on the list
of possible altercations?
801
00:34:11,910 --> 00:34:16,360
MELANIE: Walking in on Amber while she was
getting dressed and refusing to leave.
802
00:34:16,610 --> 00:34:18,750
Hiding Rocky's insulin.
803
00:34:19,380 --> 00:34:24,530
Telling Jeremy he questioned the
historical accuracy of the Holocaust.
804
00:34:25,460 --> 00:34:26,730
Did he do
any of those things?
805
00:34:26,790 --> 00:34:28,100
No.
806
00:34:28,660 --> 00:34:33,470
Are you aware of Byron Stark telling
Paul Wyler to push Mr. Tatum off a roof?
807
00:34:34,130 --> 00:34:35,170
No.
808
00:34:35,230 --> 00:34:38,110
Are you aware of Byron Stark telling
Paul Wyler anything at all?
809
00:34:39,700 --> 00:34:40,910
No. I'm not.
810
00:34:42,010 --> 00:34:43,420
No further questions.
811
00:34:47,840 --> 00:34:50,760
I've worked in network
television since I was 22.
812
00:34:51,410 --> 00:34:53,490
It's a very
competitive business,
813
00:34:53,550 --> 00:34:55,790
and I want to win
as much as anyone.
814
00:34:56,450 --> 00:35:00,420
Would I have someone physically
hurt or placed in real jeopardy?
815
00:35:00,960 --> 00:35:02,300
Not for anything.
816
00:35:03,130 --> 00:35:06,470
You did have a conversation
with Wesley Tatum, did you not?
817
00:35:06,530 --> 00:35:08,570
Yes, I did.
What'd you say to him?
818
00:35:08,630 --> 00:35:09,940
I wanted to know
how he felt about
819
00:35:10,000 --> 00:35:12,640
being the quote-unquote
"bad boy" of the household.
820
00:35:12,970 --> 00:35:14,110
How did he feel?
821
00:35:14,170 --> 00:35:16,150
I think Wes had
a sense of humor about it.
822
00:35:16,210 --> 00:35:19,020
He knew that as much as
it was a reality based show,
823
00:35:19,080 --> 00:35:22,490
it was reality manipulated
to make for good storytelling.
824
00:35:22,550 --> 00:35:26,220
Did you suggest to Wesley Tatum that
he instigate a fight with Paul Wyler?
825
00:35:26,880 --> 00:35:28,190
No. I did not.
826
00:35:28,250 --> 00:35:31,230
BEHRENS: Did you suggest to Wesley Tatum
that a fight take place on the roof?
827
00:35:31,590 --> 00:35:32,660
No.
828
00:35:32,720 --> 00:35:34,500
Well, what did you
suggest to Mr. Tatum?
829
00:35:34,560 --> 00:35:36,700
That provided
he was comfortable with it,
830
00:35:36,760 --> 00:35:40,170
the petty squabbles,
the interpersonal conflicts,
831
00:35:40,230 --> 00:35:42,710
"Who ate all the cookies
and didn't say anything?"
832
00:35:42,770 --> 00:35:44,140
could make for
good television.
833
00:35:44,200 --> 00:35:47,150
Did you have any indication
that this suggestion
834
00:35:47,200 --> 00:35:50,480
would lead to physical violence and
ultimately to Mr. Tatum's death?
835
00:35:51,580 --> 00:35:52,920
None whatsoever.
836
00:35:54,380 --> 00:35:55,650
Nothing further.
837
00:35:56,480 --> 00:35:59,520
No indication your suggestion
could lead to violence?
838
00:35:59,580 --> 00:36:01,030
BYRON: That's right.
839
00:36:01,080 --> 00:36:04,960
Had you read the psychological
profiles of either one of these kids?
840
00:36:05,020 --> 00:36:06,130
No. I did not.
841
00:36:06,190 --> 00:36:10,190
But the executive producers objected
to this suggestion, did they not?
842
00:36:10,830 --> 00:36:13,830
Melanie and Corey wanted
to proceed more cautiously,
843
00:36:13,900 --> 00:36:16,140
but in the end they were
on board with my decision.
844
00:36:16,200 --> 00:36:17,640
So it was your decision?
845
00:36:17,700 --> 00:36:18,840
Yes.
846
00:36:18,900 --> 00:36:20,470
What are sweeps, Mr. Stark?
847
00:36:20,740 --> 00:36:23,620
November, February, and May, that's
when ad rates are set based on ratings.
848
00:36:23,670 --> 00:36:25,520
What affect does this
have on programming?
849
00:36:25,580 --> 00:36:26,950
You try to put your
best foot forward,
850
00:36:27,010 --> 00:36:30,420
event programming, special
episodes of current series.
851
00:36:30,480 --> 00:36:32,790
You try to schedule the most
promotable shows you can.
852
00:36:32,850 --> 00:36:34,230
That's not just me,
that's everybody.
853
00:36:34,280 --> 00:36:37,420
When did your conversation
with Wesley Tatum take place?
854
00:36:39,190 --> 00:36:40,600
I'm really not sure.
855
00:36:43,190 --> 00:36:46,730
Ask that the day-planner
for Byron Stark
856
00:36:46,800 --> 00:36:49,900
be introduced into evidence
as People's Exhibit 19.
857
00:36:49,970 --> 00:36:50,970
JUDGE: So ordered.
858
00:36:51,030 --> 00:36:55,310
Reading from the day planner. "Meeting
with Wesley Tatum, December 17th."
859
00:36:56,310 --> 00:36:57,310
Okay.
860
00:36:57,370 --> 00:37:00,320
December is when you plan for
February sweeps, is it not?
861
00:37:00,380 --> 00:37:01,860
I suppose so.
862
00:37:01,910 --> 00:37:04,550
And was the altercation
between Paul Wyler
863
00:37:04,610 --> 00:37:06,530
and Wesley Tatum
part of that plan?
864
00:37:07,480 --> 00:37:09,490
Absolutely not.
865
00:37:11,760 --> 00:37:16,970
Ask that this memorandum be introduced
into evidence as People's Exhibit 20.
866
00:37:17,460 --> 00:37:18,570
So ordered.
867
00:37:18,630 --> 00:37:21,630
This memorandum says that it
was issued by your office,
868
00:37:21,700 --> 00:37:23,200
does It not, Mr. Stark?
869
00:37:23,270 --> 00:37:25,080
Yes.
Read us the title.
870
00:37:28,270 --> 00:37:30,620
"Sweeps Dreams."
Read us the entire title.
871
00:37:34,780 --> 00:37:37,590
"Sweeps Dreams, Cleaning
the Competition's Clock."
872
00:37:37,650 --> 00:37:40,590
Under "Proposed Programming
for Sweeps Dreams,"
873
00:37:40,650 --> 00:37:42,990
what's listed for
the show Deal With It?
874
00:37:45,490 --> 00:37:47,020
"Wes takes on the world."
875
00:37:48,330 --> 00:37:51,600
It does not say, however, "Wes
has a fight on a rooftop."
876
00:37:51,660 --> 00:37:53,110
It doesn't say, "Wes dies."
877
00:37:53,160 --> 00:37:54,510
But he did die,
didn't he, Mr. Stark?
878
00:37:54,560 --> 00:37:55,770
BEHRENS: Objection.
879
00:37:55,830 --> 00:37:57,740
Withdrawn. Nothing further.
880
00:38:03,470 --> 00:38:06,610
I don't think that's
what we're talking about.
881
00:38:07,640 --> 00:38:09,320
I do understand
what you're saying.
882
00:38:10,080 --> 00:38:12,860
Yes. Yes. Thank you.
883
00:38:14,050 --> 00:38:18,430
Fifth call from Hollywood. Everybody's
very concerned about the First Amendment.
884
00:38:18,490 --> 00:38:20,160
More like their fall season.
885
00:38:21,220 --> 00:38:23,070
Is it possible Stark
was just talking?
886
00:38:23,660 --> 00:38:25,500
He knew that talking
to Wesley Tatum,
887
00:38:25,560 --> 00:38:28,240
there was a better than 50-50
chance he'd be taken seriously.
888
00:38:28,300 --> 00:38:30,070
I'm just not sure
a jury's going to send
889
00:38:30,130 --> 00:38:33,510
this clean-cut young executive
to prison on the basis of
890
00:38:33,570 --> 00:38:35,070
something he might've
said casually.
891
00:38:35,140 --> 00:38:36,340
Do they ever do that?
892
00:38:36,410 --> 00:38:37,480
Do what?
893
00:38:37,540 --> 00:38:39,210
Well, say things casually.
894
00:38:39,980 --> 00:38:43,290
Whether it's missing children
or triumph over illness
895
00:38:43,350 --> 00:38:45,880
or 20-year-olds hanging
out at coffee houses,
896
00:38:45,950 --> 00:38:49,090
it just seems they adhere to trends
in a pretty calculated manner.
897
00:38:49,220 --> 00:38:52,930
Melanie Kaufman testified there was
a list of possible altercations.
898
00:38:54,090 --> 00:38:55,760
He had research done.
899
00:39:00,760 --> 00:39:03,540
JACK: What is a media
consultant, Mr. Cardorette?
900
00:39:03,670 --> 00:39:07,670
I run focus groups, interpret data,
and advise networks on programming.
901
00:39:07,740 --> 00:39:10,450
Did you ever have occasion
to advise the defendant?
902
00:39:10,510 --> 00:39:11,750
Yes.
903
00:39:11,810 --> 00:39:14,980
Would you tell the court what
it was you advised him to do?
904
00:39:15,050 --> 00:39:19,690
I said his demographics were skewing
too far over to females 13-to-25.
905
00:39:19,750 --> 00:39:22,630
I said the network needed to
address an erosion among males
906
00:39:22,690 --> 00:39:25,190
the same age group, and
also to broaden their reach
907
00:39:25,260 --> 00:39:27,900
by not conceding
the 26-to-49-year-olds.
908
00:39:27,960 --> 00:39:30,940
How, if at all, did that apply
to the show Deal With It?
909
00:39:30,990 --> 00:39:33,500
Well, the show had,
and has,
910
00:39:33,560 --> 00:39:36,440
an enormous untapped
potential, in my opinion.
911
00:39:36,500 --> 00:39:38,910
Since they change casts and
venues every three months,
912
00:39:38,970 --> 00:39:40,970
I provided input on how
they could help themselves
913
00:39:41,040 --> 00:39:42,680
by who they cast
and where they shoot.
914
00:39:42,740 --> 00:39:46,880
Also, in the kind of events our focus
groups told us an audience wanted to see.
915
00:39:46,940 --> 00:39:48,790
And what kinds of events
were they?
916
00:39:49,180 --> 00:39:53,090
The data showed that the target
audience for this show wants conflict.
917
00:39:53,150 --> 00:39:56,260
Someone to root for.
Someone to root against.
918
00:39:56,320 --> 00:39:58,360
And an escalating conflict
between them.
919
00:39:58,420 --> 00:40:01,460
And did you convey
these results to Mr. Stark?
920
00:40:02,360 --> 00:40:03,890
Yes, I did.
921
00:40:06,430 --> 00:40:07,840
I have no further questions.
922
00:40:10,430 --> 00:40:13,810
Is Deaf With It the only show of the
defendant's on which you do research?
923
00:40:14,070 --> 00:40:16,740
No. I do research
on all his shows.
924
00:40:17,210 --> 00:40:21,210
And have you advised him that conflict
needed to be heightened on other shows?
925
00:40:21,280 --> 00:40:22,310
Objection. Irrelevant.
926
00:40:22,380 --> 00:40:25,330
Goes directly to the prosecution's
theory of causality, Your Honor.
927
00:40:25,820 --> 00:40:27,120
I'll allow it.
928
00:40:27,180 --> 00:40:28,320
Mr. Cardorette?
929
00:40:28,750 --> 00:40:31,260
It's quite common for a focus
group to come back with
930
00:40:31,320 --> 00:40:33,490
a stated preference
for heightened conflict.
931
00:40:33,560 --> 00:40:37,300
Did you advise Mr. Stark
of that on other shows?
932
00:40:38,930 --> 00:40:40,070
Yes.
933
00:40:40,130 --> 00:40:41,170
To the best of
your knowledge,
934
00:40:41,230 --> 00:40:44,010
was anybody ever killed
or injured as a result?
935
00:40:44,070 --> 00:40:46,240
To the best
of my knowledge, no.
936
00:40:47,500 --> 00:40:48,740
Nothing further.
937
00:40:49,910 --> 00:40:51,850
Re-direct, Your Honor.
Proceed.
938
00:40:52,110 --> 00:40:54,590
Mr. Cardorette,
did the defendant
939
00:40:54,640 --> 00:40:57,850
ever ask you to conduct
specific research
940
00:40:57,910 --> 00:41:00,490
as to any members of
the cast of Deal With It?
941
00:41:00,550 --> 00:41:02,260
Yes.
What did that entail?
942
00:41:02,850 --> 00:41:04,890
I was given a list
of varying preferences,
943
00:41:04,950 --> 00:41:08,230
for example, least
objectionable character,
944
00:41:08,290 --> 00:41:10,740
character most desirable to
go away with for the weekend,
945
00:41:10,790 --> 00:41:11,900
things of that nature.
946
00:41:11,960 --> 00:41:13,100
What about the
947
00:41:13,160 --> 00:41:17,110
character the death of whom would
be most cause for celebration?
948
00:41:18,030 --> 00:41:19,310
Yes.
949
00:41:19,700 --> 00:41:23,380
Was that the exact name of the category
given to you by the defendant?
950
00:41:27,910 --> 00:41:31,720
Yes, but I don't think it was
intended to be taken literally.
951
00:41:31,780 --> 00:41:34,020
It's simply dramatic license.
952
00:41:36,620 --> 00:41:38,190
Dramatic license.
953
00:41:39,190 --> 00:41:40,670
Tell us, Mr. Cardorette,
954
00:41:40,720 --> 00:41:43,260
who was it on the show the
audience wanted to see dead?
955
00:41:48,060 --> 00:41:50,600
Wesley Tatum. Hands down.
956
00:41:51,970 --> 00:41:53,350
JACK: Nothing further.
957
00:41:57,570 --> 00:41:59,320
What are you
looking for, McCoy?
958
00:42:00,210 --> 00:42:01,750
Man two.
959
00:42:06,180 --> 00:42:07,460
How much time?
960
00:42:08,020 --> 00:42:09,120
Two-to-six.
961
00:42:09,190 --> 00:42:11,060
I've never gotten so much
as a speeding ticket.
962
00:42:11,120 --> 00:42:13,070
He is the vice president
of a network.
963
00:42:13,120 --> 00:42:16,330
Who set in motion events
that led to someone's death.
964
00:42:17,230 --> 00:42:18,730
Shouldn't make me responsible.
965
00:42:18,800 --> 00:42:22,170
Which is a position you're certainly
free to go to the jury with.
966
00:42:22,230 --> 00:42:24,870
They'll decide whether
or not you're responsible.
967
00:42:24,930 --> 00:42:28,970
I'm not sure that being a network vice
president is gonna help you there.
968
00:42:35,110 --> 00:42:36,850
Take the offer, Byron.
969
00:42:49,330 --> 00:42:51,330
Was it me who
let Amber's cat out?
970
00:42:51,960 --> 00:42:53,870
Yeah, I think it was me.
Oh, yeah?
971
00:42:54,560 --> 00:42:55,670
Let me go!
972
00:42:58,740 --> 00:43:00,180
(BOTH GRUNTING)
973
00:43:01,740 --> 00:43:03,220
(WES SCREAMING)
974
00:43:06,110 --> 00:43:07,680
Pretty horrifying.
975
00:43:08,880 --> 00:43:12,120
And the news organizations can't
wait to get their hands on it.
976
00:43:12,520 --> 00:43:13,790
I already have
their subpoena.
977
00:43:14,250 --> 00:43:15,460
You think they'll air it?
978
00:43:15,990 --> 00:43:17,660
It's reality television.
979
00:43:17,720 --> 00:43:19,220
Truth is, when Stark
gets out of prison,
980
00:43:19,290 --> 00:43:21,790
they'll probably make him
a network president.