All language subtitles for Law.and.Order.S25E20.Once Burned.720p.x264-FENiX

In the criminal justice
system,

the people are represented

by two separate,
yet equally important groups:

the police,
who investigate crime,

and the district attorneys,
who prosecute the offenders.

These are their stories.

Help! Help!

Help, someone, please.
We're trapped.

Shh.

Anyone here?

- Please, you have to help me!

- Come on.
- Through here.

- Shh, shh, shh.

Ma'am,
I need you to calm down.

We're gonna get you out.
- Please, you have to help us!

- I need you to stand back.

Come on, come on. Let's go.

We don't have much time.

Go with them.
We'll get you out.

Ma'am, with me.
Let's go. Come on.

One's coming out!

Anybody in there?

- Eyes down, Peralta!

Backdraft!

It was a backdraft.
You've been trained for this.

- Sorry, Cap.

In this job,
there's no second chances.

- Yes, sir.

Vic is Clint Braddock,
captain of this ladder company.

I'm guessing this
is the murder weapon.

Halligan tool,
fireman's best friend.

- Not today.

You were the first
on the scene?

- Yeah.

Call came in a little
after midnight.

One of the firefighters
who was staying in the house

came down and found him dead,
called 911.

Everyone else was
upstairs asleep.

You know how many people
were in the house?

Nine, not including
the captain.

They're all still here.

I've got unis taking
their statements.

- Any signs of forced entry?

No, but the back door
to the kitchen

was standing wide open
when we arrived.

Hey, Vince.
This is our guy, Braddock.

He was at Ground Zero on 9/11.

Led a team into Tower 2.

- Man was a real-life hero.

♪ ♪

- We responded to a 10-75.

That's a structural fire.

It was an apartment building.

Things got pretty intense.

And you're the one
who called 911?

- Mm-hmm.

All right.
Can you tell us what happened?

When we got back,
everyone was pretty tired.

And you never know when
the next call is gonna come.

So we all went to bed,
but Captain stayed up.

He said he had some work to do.

- What time was that?

- Around 10:30, maybe.

But I couldn't sleep.

My adrenaline was still
pumping from the fire.

Anyways, around midnight,

I heard what sounded like
shouting from downstairs,

so I got up to see
what was going on.

You see anything
or anyone suspicious?

- No.

Cap wasn't in his office.

So I came downstairs and saw
that the back door was open.

It was freezing.

That's when I knew
something was wrong.

So I searched the house,

and I found him.

Do you know of any problems
he was having?

Anyone who might have
wanted to hurt him?

- No.

The man wasn't just a legend.

He was the real deal.

He saved my life last night.

I spoke to the other
eight firefighters

who were at the station
last night.

They all gave sworn statements
that they were asleep

and didn't hear or see
anything unusual.

- Unhelpful.

Also, the same thing
about Braddock too.

Dude was a hero.
Everybody loved him.

Okay, extra unhelpful,
but still.

Any one of them
could be the killer.

Well, theoretically,
but there's this.

Security footage
from the back entrance

of the station shows Braddock

letting somebody in
at around 11:26 p.m.

No angle on
the person's face?

- Uh-uh.

And because of the hood
and the jacket,

you can't tell if it's a man
or a woman, but check this out.

20 minutes later,
they leave out the same door.

Now, that's 16 minutes
before the 911 call.

So looks like Braddock
knew his killer?

I mean, what about
the murder weapon?

Any prints?
- Dozens.

But they all track back
to members of Braddock's

ladder company, which tracks.

If you zoom in, mystery
person's wearing gloves.

So how does a guy
beloved by everybody

end up with his head bashed in?

- I wouldn't say everyone.

I've been going through
his text messages.

Looks like he was going through

a pretty nasty split
from his wife.

- Sounds promising.
- And it gets better.

Braddock had her served
with divorce papers

yesterday afternoon.

Our understanding
is that the two of you

were having
some marital problems?

- You mean he was leaving me.

- We read his text messages.

You seemed pretty upset.

Because I didn't
want a divorce.

Because I loved him.

I would never.

♪ ♪

I had an affair.

It was a mistake.

I begged him to take me back,
but he couldn't.

I hoped that maybe
with time, but no.

Where were you last night
around midnight?

I was a mess about
the divorce papers.

So I had a few
girlfriends over.

We drank some wine
and watched a movie.

Well, we'd like to get
those friends' contacts,

if that's all right.

Can you think of anyone who
had issues with your husband?

- Well, yes, actually.

The day before yesterday,
a man came by the house.

I don't know what it was about,
but he and Clint

got into a fight
on the front lawn.

- You know who the man was?

No, he'd already taken off
by the time I came out.

I asked Clint
what was going on,

but he didn't wanna
talk about it.

I noticed the doorbell cam
on the way in.

Does that work?

Candace Newman's friends
all back up her alibi.

Apparently,
they watched "The Notebook."

- Oh, God.

So she's a glutton
for punishment.

And what about this guy
she claims

got into an altercation
with Braddock?

Yeah, I got
the footage right here.

- Why are you here? Leave.

Can we hear what
they're arguing about?

Too far away from the camera
to make it out,

but wait for it.

Our vic threw
the first punch.

The only punch.
Leveled the guy with one swing.

- So maybe our mystery man

showed up at the station
to even the score?

Well, I used the truck's
plates to pull the DMV records.

Belongs to
a Steven Delvecchio, 52.

Lives in Yonkers.

What's the connection
with Braddock?

Delvecchio was
a 30-year FDNY veteran

assigned to Braddock's ladder
company until two months ago

when he retired.

- Okay.

Well, let's find out why things
got physical between these two.

- Theo.

Is that smoke?

- NYPD! Is anyone in there?

- The engine's running.
- It's not smoke.

That's exhaust.

Find the door opener!

You got it?
- I got it. Let's go.

- Set him down here.

Watch his head.
- I got him.

- All right. Hey, Steven?

Steven.

Hey, we need an ambulance,
1461 Elmhurst.

Caucasian male, unconscious,

suspected
carbon monoxide poisoning.

Hey!

Hey, hey, hey.
Hey, can you hear me?

Huh?

Hey.

- Steven! Steven!

You all right?

- I'm sorry.

Hey, hey, it's okay.
It's okay.

- I'm so sorry.
- It's all right.

All right,
stay with me, all right?

We got you.

I can't live with
what I've done.

I can't take the guilt.

♪ ♪

He's lucky you found him
when you did.

I'm not sure
he'd agree with you.

Right, so because this
was a suicide attempt,

we're required to hold him for
a 72-hour observation period.

I get it, but we'd like
to talk to him now.

Is he awake?

He is, but I'd really
rather you wait until after

the social worker has had
a chance to assess him.

Yeah,
that's not gonna happen.

He's been through a lot today
already, and in his state...

Listen,
we're investigating a murder,

so if he's coherent,
he's fair game.

I don't understand.
Clint's dead?

Don't waste our time here,
Steve, man.

Come on.
- I'm serious. I didn't know.

Then why did we find you
in your garage

trying to take off for good?

- I don't wanna talk about it.

You already did, Steven.
You don't remember?

You confessed.

You said you couldn't live
with what you had done,

that you were sorry.

I was talking about
something else.

- Yeah, sure you were.

We know you and
Braddock were beefing

and that he knocked
your ass out.

We saw the video.
So what?

You show up the next day
to get some payback?

Maybe things went
a little too far.

Maybe you swung
a little too hard.

- You don't understand.

Clint was one of
my best friends.

We worked together
for over 25 years.

- I don't know about you,

but my best friend never
punched me in the face.

That's probably
because you've never

done anything as bad as I did.

I was having
some money troubles,

so a buddy of mine
set me up with a doctor

who was helping guys like me,

guys who were at Ground Zero,
get some extra cash.

- You worked 9/11?
- Yeah, I was with Clint.

It was a nightmare.

It was everything you
would imagine, but worse.

It's why the
World Trade Center Health Fund

covers treatment for PTSD.

- But you didn't have PTSD,

did you?

A few months ago, Clint
figured out what was going on.

Out of respect
for our friendship,

he didn't turn me in,
but I had to agree

to stop taking the cash
and retire.

Even worse, he said
we were done as friends.

He didn't wanna
speak to me ever again.

So I went over to his house
to talk it out.

But, well,
you saw how that went.

FDNY is the only family I ever
had that really mattered.

Now I have nothing.

So that's why I...

So where were you last night
around midnight?

Getting piss blind drunk
in a bar.

Duff's in Greenpoint.

Called the bar in Brooklyn.
Delvecchio's alibi checks out.

He was there until last call,

drowning his sorrows
in whiskey.

Yeah, but we could
charge him with fraud

for stealing from
the health fund.

The guy could
actually benefit

from some
mental health services,

which is sort of ironic
if you think about it.

- True.

I had Yee go through
Braddock's computer.

She found an email
from a senior marshal

in the fire department.

He said he wanted to talk
to Braddock about something

"serious" in private.

So Braddock told him
to come by the station

later on that night.

It's the night of the murder.

We know that's you
sneaking out

the back door of the
firehouse the night

Captain Braddock was killed.

I mean, you're correct.
That's me.

But I'm not sneaking out.
I'm just leaving.

Oh, well,
after you just left,

Captain Braddock was found
with his head cracked open.

- I'm aware.

So it looks like you were the
last person to see him alive.

I can't have been
the last person because

he was fine when I left.

I'm telling you the truth.

I went to the firehouse
to discuss something

work-related with him.

Well, if you're discussing
something work-related,

then why all
the cloak and dagger?

I mean, meeting at midnight?

We were discussing a delicate
matter, friend to friend.

Why not come forward when
you found out he got killed?

- There was no point.

I don't know anything.

So I just kept my mouth shut.

So what did you come to see
Captain Braddock about

that evening?

Three weeks ago,
there was an electrical fire

at a jewelry store
in the diamond district.

Braddock's company
put out the fire.

Jenca was the marshal
assigned to oversee the case.

Mostly just due diligence
stuff, you know?

Determining cause, assessing
damage, stuff like that.

But during the course
of his investigation,

Jenca discovered that
a $500,000 diamond necklace

that had been
reported lost in the fire

had actually been stolen,

and that Braddock and his crew
were the only ones

that had access to the scene.

Okay, but why was Jenca at
the fire station that night?

To give Braddock
a heads-up, you know,

friend to friend, that one
of his guys might be a thief.

He gave Braddock a file
and then he took off.

According to Jenca,
when he left,

Braddock was still
very much alive.

- We have the security footage.

We know no one else entered
the fire station that night.

So if Braddock was alive
when he left...

The murderer was
already in the firehouse.

♪ ♪

These are the
nine firefighters that

were staying at the station
the night of the murder.

We cross-checked them
against the prints

we pulled from
the murder weapon.

Narrowed the list down
to these five.

Any of them work
the jewelry store fire?

All five of them.
We reviewed their statements.

Didn't find any inconsistencies
or obvious omissions.

- That's interesting.
- What?

According to
this personnel file,

one of these guys has
a prior felony conviction.

There you go.

Served three years
for burglary.

Seems like
a good place to start.

Diego Peralta.

He's the one who found
the body and called 911.

- Told you everything I know.

I heard arguing,
so I came downstairs.

Right, yeah,
you saw the back door open.

You found the body.
We know all that.

We wanna talk to you
about something else.

You worked the fire
at Powell Brothers Jewelers

a few weeks back, right?

Why are you asking
about that?

You know anything
about a necklace

that got burned up in the fire?

Pretty expensive one?

- Worth about 500 grand?

See, the people that
look into this kind of thing,

they think that maybe
the necklace wasn't destroyed

in the fire,
but that it was actually stolen

by one of the firefighters.

So we think maybe
Braddock talked to you.

Maybe you got upset.

- I want a lawyer.

Well, we got phones
down at the station.

You can call one from there.

Come on.

Clammed up the second
we asked him

about the jewelry store fire.

As his captain,
Braddock would have known

about his prior
burglary conviction,

so once he got word
the necklace was stolen...

Braddock confronts him,
Peralta panics,

grabs a Halligan,
strikes Braddock

to keep him from reporting him.

And then calls 911 and
pretends he found him dead.

Can we prove that Peralta
stole the necklace?

- No.

We looked into his finances,
but there's nothing suspicious.

- We need more to charge.

But given his criminal history,

we might have enough probable
cause to get a search warrant.

How can you just
come into our home like this?

You have no right.

I'm sorry for
the intrusion, ma'am,

but as you can see
from that document...

I don't care what this says.
You're wrong.

D would never.
- Mommy?

Oh.

- Mommy?

What's happening?

- Nothing, baby.

These nice people
are just helping Mommy

look for something.

- Where's Daddy?

- He's at work.

- Putting out fires?
- That's right.

Come on,
let's go outside and play.

♪ ♪

- Any sign of the necklace?

No, nothing yet.

If I'm being honest,
I'm hoping that

maybe we got this wrong.

I found this in the dumpster
in the building's basement.

♪ ♪

- So much for getting it wrong.

♪ ♪

Guess what we just found
at the bottom

of your trash chute, Diego?

The FDNY file about the fire
at the jewelry store?

You know,
the one that says that

that very expensive necklace
didn't burn up in the fire?

Braddock's buddy
gave him that file

the night he was killed.

Yeah, right before,
actually,

which means the only way
it ends up at your place

is if you took it.

It's got blood on it, too,
so we're having to test it.

But we both know
it's gonna be Braddock's.

So now this, Diego,

this is your opportunity
to come clean and confess,

and then maybe we can work
something out with the DA,

get him to go easy on you.

- Don't say anything.

Look, my client has already
told you everything he knows.

Judges take these things
into consideration

when it comes to sentencing.

I mean, you don't
cooperate now...

- With your criminal record?

- He has nothing more to say.

Lab confirmed it was
Braddock's blood on the file.

Book him.
- Stand up, please.

Diego Peralta,
you're under arrest for murder.

How does
the defendant plead?

- Not guilty, Your Honor.

I'll hear you on bail,
Ms. Maroun.

Your Honor,
the defendant brutally murdered

a national hero,

crushing
Captain Clint Braddock's skull

with the same tool
Braddock used

to save an untold
number of lives.

Your Honor, we believe that
the defendant killed Braddock

to cover up another crime
he had committed,

a theft of a diamond necklace
worth $500,000

from a scene of a fire.

Is he being charged
with that as well?

Not at this time,
but we believe

that he has access
to the necklace

or the monies he received
from selling the necklace,

which makes him a flight risk.

As such,
the people request remand.

My client has access
to zero funds

because he didn't
steal anything,

nor is he guilty of murder.

He's, in fact, the victim here.

- Excuse me?

- He's the victim.

- Meaning what?

Meaning that Mr. Peralta did,
in fact, kill Clint Braddock.

But he did so because
he was in fear for his life.

This isn't murder, Your Honor.

It's self-defense.

♪ ♪

They're saying Peralta didn't
steal the diamond necklace.

Braddock did.

And Peralta was
gonna turn him in,

which prompted Braddock
to attack him.

So they're looking to
shift blame to the victim

and take advantage of
the fact that the dead guy

can't defend himself.

How's our case?
- It's strong.

Peralta found the body
and lied to detectives

about what happened
on the night of the murder

on two separate occasions.

And when police searched
Peralta's home,

they found evidence
that had gone missing

from the crime scene
with the victim's blood on it.

Is there any evidence
to support

his self-defense theory?

Any reason to think Braddock
might have stolen the necklace

or gotten violent with Peralta?
- No.

Braddock's reputation
was beyond reproach.

There's not so much
as a blemish on his record.

The defendant,
on the other hand,

served three years
in Fishkill for burglary.

Since when does the FDNY
hire ex-cons?

- It started in 2016.

Yeah, they relaxed admission
standards to boost diversity,

give deserving felons
a second chance.

But Peralta cheated the system.

- How so?

The program is
only open to people

with one felony conviction.

Peralta has two,
but one of them

was sealed because
he was 15 at the time.

- Let's get it unsealed.

- Oh, we already did.

- Third-degree assault.

- Third-degree?

This guy was beaten to a pulp.

Prosecutor pushed
for first-degree,

but the victim didn't
wanna move forward,

so they gave him a deal.

So the defendant has a
history not only of stealing,

but of physical violence.

See if the judge will allow it.

You're suggesting that
Mr. Braddock's death somehow

resembles an assault my client
committed against

a bodega owner in 2009?

That bodega owner caught
the defendant stealing

burner phones for
his street gang.

The actual assault occurred
when the bodega owner

attempted to alert
law enforcement.

Not quite
following the logic.

The People intend to prove
that the defendant murdered

Clint Braddock for
precisely the same reason...

attempting to report
the defendant's

criminal behavior
to the authorities.

And to do that,
we need to establish

how the defendant reacts
to this specific provocation.

So the State intends
to prove my client's animus

toward snitches.

Ms. Matos may think this is
a joke, but the People don't.

Your Honor,
this is propensity evidence

in disguise.

Mr. Price is trying to use
the stigma of my client's

juvenile record to launder
the facts of the case

to fit the People's narrative.

And they're not just
doing it to the jury.

They did it with
the search warrant.

- Excuse me?

I move to exclude
the evidence from the search

of Mr. Peralta's home.

- On what grounds?

As I said,
the search warrant

improperly relied on my
client's criminal history

to establish probable cause.

So any evidence obtained
pursuant to the warrant

should be suppressed as
fruit of the poisonous tree.

Ms. Matos is conveniently
ignoring that the affidavit

also points out that
Peralta was present

on the night of the murder
and lied to police

in his initial interview.

So in conjunction with
that other evidence,

his priors are fair game
to establish probable cause.

- Hmm.

I'm denying both motions.

Evidence related to the
warrant search is admitted.

The defendant's prior
convictions are not.

♪ ♪

Detective Riley,
you found this case file

while executing
a search warrant

in the defendant's home,
correct?

Yes, we found that in
a dumpster inside his building.

Please explain for the court
the contents of this file.

It's an assessment
by Fire Marshal Julian Jenca

that a diamond necklace had
been stolen from the scene

of a fire at a jewelry store.

Captain Braddock had that on
him at the time of the murder.

Detective Riley, when did you
first speak to the defendant?

- At the scene.

He's the one who
found Braddock's body.

- What did he say?

He said that he found Captain
Braddock dead and called 911.

Didn't say anything about
killing Captain Braddock

in self-defense?

- No, he did not.

He did say that
Captain Braddock

had saved his life earlier that
night at the scene of a fire.

Thank you.
Nothing further.

Detective,
you testified that

you searched
Mr. Peralta's home.

Did you find the stolen
necklace in question?

- No.

And I assume that you
explored the possibility

that he had already sold it.

Did you find any
irregular cash deposits

made to his bank account

or cash in his mattress
or the ceiling?

- No.

And yet, the prosecution
is claiming that Mr. Peralta

committed this murder
to cover up his theft,

even though there is
absolutely no evidence

that he, in fact,
stole the necklace.

Just because
we didn't find it

doesn't mean he didn't take it.
- True.

But here's the thing
that's so disturbing here.

You never bothered
to investigate

my client's version of events.

You never searched
Captain Braddock's home.

To be clear,
we didn't even hear

your client's version
of events until after

he was charged with murder.

And we did look into it.

We found no evidence whatsoever
pointing to Braddock.

Well, you never
searched his home.

- Didn't have a cause to.

- Nothing further.

You visited Captain Braddock
on the night

of the murder, correct?

Yes, I was investigating
a taxpayer fire

at Powell Brothers Jewelry
near 47th and 5th.

Was knocked down by Braddock
and the defendant's station.

I found some troubling evidence
that I needed to discuss

with Captain Braddock.

- What evidence was that?

Some missing merchandise,
most notably

a very expensive necklace
that was comprised

of gold and diamonds.

Basic structure fire
can vaporize a diamond

and melt gold, but where they
kept this particular necklace

was outside of the hotspot.

So someone must
have taken it.

- Not just someone.

Based on everything, only time
it could have gone missing

was when Braddock's company
had the place locked down.

So that's why you met
with Captain Braddock

on the night of the murder?

Yeah, this kind of thing
could stain the department.

Braddock was a friend.

Figured we could put our heads
together and get ahead

of this thing, convince
the thief to come forward,

minimize punishment,
protect the department.

Everybody wins.

When you spoke that night,
what did Captain Braddock say?

- He said I was full of it.

Didn't believe any of
his guys would dishonor

the department like that.

Only came around when
I showed him the evidence.

- Then what happened?

- He said he'd look into it.

And I left.

Thank you, Marshal Jenca.
Nothing further.

When Captain Braddock
said that he would

look into the theft, he never
mentioned my client

by name, did he?
- No.

And as far as you know,
the thief

could have been any
one of the firefighters

that tended to
the fire that day,

including Captain Braddock.

Yes, I suppose,
but there's no way Braddock...

You're an investigator,
Marshal.

You follow evidence.
I'll ask again.

Based on the evidence that
you collected, is it possible

that Braddock could have
stolen the necklace himself?

- Yes, it's possible.

- Thank you.

Nothing further.

- Redirect, Your Honor.

Marshal Jenca,
can you tell us how long

Captain Braddock served
in the FDNY?

- 27 years.

And in all that time,
was there ever

so much as a hint
of impropriety?

- No.

As part of your
investigation,

did you review the personnel
files of the men

in Captain Braddock's
fire station?

- Yes, of course.

How long had the defendant
worked in the FDNY?

- Six months.
- Six months.

And in these six months,

a $500,000 necklace
just so happens to disappear...

- Objection, Your Honor.

- Withdrawn.

Nothing further, Your Honor.

Prosecution rests.

Mr. Price?
I'm sorry to bother you,

but there's something
you need to know.

I'm pregnant.

- I... I can only imagine

that must make all of this
even more difficult.

- No, you don't understand.

We have a son, Anthony.

Diego wasn't around
when he was born.

He was in prison. It broke him.

So he turned himself around.
He tried to do good.

He wanted to be a role model
for Anthony and others.

That's why he became
a fireman in the first place.

I'm sorry, miss.
We really shouldn't be talking.

- Diego knew I was pregnant.

He wouldn't have done anything
to risk going back to prison

and missing the birth
of his second child.

There's no way he did
what you're accusing him of.

He did his time.

He paid his debt.

Why won't you believe him?

♪ ♪

- My heart goes out to her.

Two months ago,
she had this beautiful family,

beautiful life.

Now it's on fire.

Sorry, pun not intended.

Look, I get it, but she
took a flier on the wrong guy.

- Meaning what?

You wanna build
a nice, happy family,

don't marry a guy
who likes to commit crimes.

Clint and I were friends
for over 25 years,

so I have no interest
in helping you.

Your Honor, permission to
treat the witness as hostile.

- So granted.

Mr. Delvecchio, on the
afternoon of February 27th,

you had an altercation with
Clint Braddock, didn't you?

Objection, Your Honor.
Relevance.

It speaks to
the reasonableness

of my client's
self-defense claim.

We're establishing
he wasn't the only person

Clint Braddock attacked.

You wanna imply that
the victim in this case

is the one with
the propensity for violence.

- Tread carefully, Mr. Price.

Your Honor,
the incident in question

happened mere days before
Mr. Braddock's death.

It speaks to his state of mind
at the time of the incident.

- Objection overruled.

Answer the question,
Mr. Delvecchio.

We got into a fight, yeah.
But he didn't attack me.

No?
What would you call this?

- Wasn't as bad as it looked.

I understand why
you'd wanna protect

your friend, Mr. Delvecchio,

but the fact is,
he assaulted you, didn't he?

- Yes.
- And two days later,

he did the same thing
to my client,

someone he didn't have
25 years of friendship with

to hold him back.

Nothing further.

Mr. Delvecchio,
we saw in the video

that Captain Braddock
punched you.

Did he hit you again
after that?

- No, just the one time.

Outside of this incident,
did you ever know him

to be violent towards
you or anybody else?

- No.

What were you two
arguing about that day?

I, um, I stole money from the
World Trade Center Health Fund,

and Clint knew about it.

Truth is, I deserve worse.

♪ ♪

- Nothing further, Your Honor.

- The witness is excused.

Ms. Matos.

The defense calls
Diego Peralta.

♪ ♪

- I was sleeping.

Captain Braddock woke me up.

He brought me downstairs, asked
about the jewelry store fire.

Wanted to know what
I remembered about overhaul.

- What did you say?

Braddock and me were
the last two inside.

We swept the northeast corner
of the building

and were on our way out

when he said he left his
thermal imaging camera behind.

Told me to wait
while he doubled back.

Was only gone a minute,
and then we left.

And how did
Mr. Braddock react?

Told me
I was misremembering,

that he didn't leave
the thermal camera,

and that we were together
the whole time.

And he said that people were
going to be asking questions,

and we needed to have
our story straight.

That's when I realized
what was really going on.

- Which was what?

He wanted me to
give him an alibi.

But I couldn't do that.

I liked the captain,

but I couldn't risk
losing everything I have,

not for anyone.

- How did Braddock respond?

- He got mad.

Reminded me he saved my life,
which is true, but...

To be clear,
did Braddock confess

to stealing the necklace?

- Not at first, but then

he told me he got MS
from breathing in debris

at Ground Zero,
but the Health Fund

wouldn't cover the cost
of his treatment.

Said it wasn't fair
and that insurance

had reimbursed
the store anyway,

that it was a victimless crime.

I guess he felt like
he was owed something.

- But you didn't budge?

- No.

Then he started waving
this file in my face.

He said he could
make it look like

it was me who took
the necklace.

It would be his word
against mine.

I didn't know what to do,

so I tried to leave
and go upstairs.

But Braddock grabbed me,

and we started shoving.

And then he grabbed
the Halligan, and... and I...

♪ ♪

I wrestled it away, and...

then he came at me again.

- That's when you hit him.

- Yes.

I wish I could take it back.

And I'm sorry.

But he gave me no choice.

I thought he was
going to kill me.

So why not just say that
to the police?

I panicked.
I knew he was right.

No one would believe
the truth coming from me.

So I grabbed the file
and I stashed it with my stuff.

And then I opened the back door

to make it look like
someone ran out,

and I called 911.

I know lying was wrong,

but I was scared.

And I thought I had no choice.

- Thank you.

Nothing further, Your Honor.

Court will stand in recess
until tomorrow.

We'll reconvene at 9:00 a.m.

He was convincing,
especially when he said

no one would believe
the truth coming from him.

- Well, now we get to ask why.

He opened the door, and
now we get to walk through it.

- Thank you.

Peralta was right.

I just spoke with
Braddock's neurologist.

A few months before the murder,

he was diagnosed with
early-stage multiple sclerosis.

- Really?
- Yeah.

In his estimation,
it was environmental,

a result of Braddock's work
at Ground Zero.

But since the science
isn't there to prove it yet,

the health fund
denied him benefits.

And yet no one else
in Braddock's life

knew about this...
his wife, his friends?

He must have chosen
to keep it a secret.

And so he kept it from

everyone in his life
but Peralta?

Which means...

that means there's some merit
to Peralta's version of events

the night of the murder.

- Yeah, I suppose.

But he could have
found out before.

Or he could have overheard
a conversation with a doctor,

might even seen a medical bill.

You good?

Yeah, fine.
I'll see you tomorrow.

I didn't know you had
a bottle stashed in here.

It literally
just came with the office.

- Something bothering you?

The idea that Braddock
stole the necklace

has never made any sense.

But now we know he was staring
down a mountain of medical debt

as a result of his service.

Doesn't mean
he committed grand larceny.

- No.

But earlier today,

Peralta's wife asked me why
I didn't believe his story.

And if I'm being honest,

it's because I knew about
his prior convictions.

- He also lied to the police.

Yeah, it's a thing
a person might do,

knowing how we tend
to treat ex-felons.

- That's true.

But we both know
the best predictor

of future behavior
is past behavior.

And other than
the two felonies years ago,

he's been a solid citizen,
he was a model inmate, parolee.

He mentored at-risk kids.

He was making the most
of his second chance.

That's past behavior.

That's recent past behavior,

which is more predictive
than distant past behavior.

And I didn't take any of that
into consideration.

You think Peralta
is telling the truth.

Not sure.
How can we know for sure?

You can't.
We weren't there.

All we can do
is present the evidence

and let the jury decide.
- Right.

We present
the prior convictions.

We paint him out to be
an inveterate criminal

and let the jury nail his ass
to the cross.

Look, this job would
be easy if we knew

what really happened,
but we don't.

We usually never do.

So we follow the law.

We play every card we have,
just like the defense does.

And we let the 12 people who
don't have a horse in the race

make the decision.

Yeah, I get it.
Trust me.

But...

if every sentence
is a life sentence,

what's the point
of rehabilitation?

- Okay.

If you feel this strongly,
dismiss the case.

I can't do that.
It's like I said.

I just... I don't know.

Then you have to do
what you have to do.

♪ ♪

♪ ♪

Mr. Peralta, you testified
that you lied to the police

because you knew that no one
would believe your story.

Why wouldn't they believe you?

- I don't know.

Is it because you have
a prior conviction

for aggravated assault?
- Objection.

I'm responding to direct
testimony, Your Honor.

- Objection overruled.

Or was it because of your
prior conviction for burglary?

Yes.
I've served time in prison.

I've done things in my past
that I'm not proud of.

And I take full responsibility
for my actions.

I paid my debt to society.

But once you've done time,

there's no such thing
as benefit of the doubt.

Ladies and gentlemen
of the jury,

these are photographs
of Mateo Ortiz.

These were taken shortly after
the defendant assaulted him

for signaling a police officer

when he caught
Mr. Peralta shoplifting.

- It was a long time ago.

I was 15, an angry kid
in a bad neighborhood.

I got mixed up with
the wrong people.

You were 24 when you
were convicted of burglary.

And you did it again,
didn't you?

But your captain
figured it out.

He confronted you.
- No.

Mr. Peralta, isn't it true
that you lied to the police

because you are the one
who stole the necklace?

Then you murdered
Captain Braddock

to keep him from reporting you.

That the same man
who did this to Mateo Ortiz

did this to Clint Braddock.

Nothing to say, Mr. Peralta?

What's the point?

Your Honor,
please instruct Mr. Peralta

to address the court.

- I said, what's the point?

I've already told you
the truth,

and you've already decided
that you don't believe me.

♪ ♪

- Nothing further.

♪ ♪

Madam Foreperson,
has the jury reached a verdict?

- We have, Your Honor.

In the charge of murder
in the second degree,

we find the defendant,
Diego Peralta, guilty.

- I didn't do this, Ruby.
- I know.

- I need you to know that.
- I know, mi amor.

- I need you to know that.

And Anthony,
you be strong, okay?

I love you.

I love you more than anything.
You make sure he knows that.

You make sure he knows
that I'm innocent.

- I promise.
- Tell him, please.

- I promise.
- Tell her.

And you tell our baby.

- I will.
- You tell her.

♪ ♪

♪ ♪