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1
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.
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00:00:05,689 --> 00:00:07,273
- In the criminal justice
system,
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the people are represented
4
00:00:08,675 --> 00:00:11,145
by two separate,
yet equally important groups:
5
00:00:11,146 --> 00:00:13,004
the police,
who investigate crime,
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00:00:13,005 --> 00:00:15,840
and the district attorneys,
who prosecute the offenders.
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These are their stories.
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[sirens wailing]
9
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- [sobbing]
Help! Help!
10
00:00:24,825 --> 00:00:27,419
Help, someone, please.
We're trapped.
11
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[baby wailing]
12
00:00:30,323 --> 00:00:31,330
Shh.
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00:00:31,331 --> 00:00:34,234
[wailing continues]
14
00:00:34,301 --> 00:00:36,503
[pounding on door]
15
00:00:36,570 --> 00:00:39,473
[flames roaring]
16
00:00:39,540 --> 00:00:41,742
- Anyone here?
[baby wailing]
17
00:00:41,842 --> 00:00:43,410
- Please, you have to help me!
18
00:00:43,411 --> 00:00:44,577
- Come on.
- Through here.
19
00:00:44,578 --> 00:00:46,079
- Shh, shh, shh.
20
00:00:46,179 --> 00:00:49,216
[indistinct chatter]
21
00:00:49,649 --> 00:00:52,535
- Ma'am,
I need you to calm down.
22
00:00:52,536 --> 00:00:54,487
We're gonna get you out.
- Please, you have to help us!
23
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- I need you to stand back.
24
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Come on, come on. Let's go.
25
00:01:02,062 --> 00:01:03,397
We don't have much time.
26
00:01:03,398 --> 00:01:04,664
Go with them.
We'll get you out.
27
00:01:04,665 --> 00:01:07,184
- Ma'am, with me.
Let's go. Come on.
28
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One's coming out!
29
00:01:11,105 --> 00:01:12,138
[knocking on door]
30
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Anybody in there?
31
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[unsettling music]
32
00:01:17,244 --> 00:01:18,979
- Eyes down, Peralta!
33
00:01:19,046 --> 00:01:20,539
Backdraft!
34
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- [groans]
35
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[groaning]
36
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- It was a backdraft.
You've been trained for this.
37
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- Sorry, Cap.
38
00:01:30,624 --> 00:01:33,360
- In this job,
there's no second chances.
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- Yes, sir.
40
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[camera shutter clicking]
41
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[police radio chatter]
42
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- Vic is Clint Braddock,
captain of this ladder company.
43
00:01:42,937 --> 00:01:44,570
- I'm guessing this
is the murder weapon.
44
00:01:44,571 --> 00:01:46,999
- Halligan tool,
fireman's best friend.
45
00:01:47,065 --> 00:01:48,608
- Not today.
46
00:01:48,609 --> 00:01:49,834
You were the first
on the scene?
47
00:01:49,835 --> 00:01:51,078
- Yeah.
48
00:01:51,079 --> 00:01:52,678
Call came in a little
after midnight.
49
00:01:52,679 --> 00:01:54,347
One of the firefighters
who was staying in the house
50
00:01:54,348 --> 00:01:56,842
came down and found him dead,
called 911.
51
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Everyone else was
upstairs asleep.
52
00:01:58,552 --> 00:02:00,219
- You know how many people
were in the house?
53
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- Nine, not including
the captain.
54
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They're all still here.
55
00:02:03,524 --> 00:02:04,724
I've got unis taking
their statements.
56
00:02:04,725 --> 00:02:06,105
- Any signs of forced entry?
57
00:02:06,106 --> 00:02:07,760
- No, but the back door
to the kitchen
58
00:02:07,761 --> 00:02:09,930
was standing wide open
when we arrived.
59
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- Hey, Vince.
This is our guy, Braddock.
60
00:02:14,267 --> 00:02:16,737
He was at Ground Zero on 9/11.
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Led a team into Tower 2.
62
00:02:19,865 --> 00:02:22,601
- Man was a real-life hero.
63
00:02:25,712 --> 00:02:28,640
[dramatic music]
64
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? ?
65
00:03:12,092 --> 00:03:14,152
- We responded to a 10-75.
66
00:03:14,186 --> 00:03:15,962
That's a structural fire.
67
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It was an apartment building.
68
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Things got pretty intense.
69
00:03:18,832 --> 00:03:20,901
- And you're the one
who called 911?
70
00:03:20,967 --> 00:03:22,202
- Mm-hmm.
71
00:03:22,203 --> 00:03:24,170
- All right.
Can you tell us what happened?
72
00:03:24,171 --> 00:03:27,207
- When we got back,
everyone was pretty tired.
73
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And you never know when
the next call is gonna come.
74
00:03:29,810 --> 00:03:32,771
So we all went to bed,
but Captain stayed up.
75
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He said he had some work to do.
76
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- What time was that?
77
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- Around 10:30, maybe.
78
00:03:40,178 --> 00:03:41,488
But I couldn't sleep.
79
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My adrenaline was still
pumping from the fire.
80
00:03:44,549 --> 00:03:46,618
Anyways, around midnight,
81
00:03:46,619 --> 00:03:49,195
I heard what sounded like
shouting from downstairs,
82
00:03:49,196 --> 00:03:51,331
so I got up to see
what was going on.
83
00:03:51,332 --> 00:03:53,382
- You see anything
or anyone suspicious?
84
00:03:53,383 --> 00:03:55,001
- No.
85
00:03:55,102 --> 00:03:57,671
Cap wasn't in his office.
86
00:03:57,704 --> 00:04:01,708
So I came downstairs and saw
that the back door was open.
87
00:04:01,775 --> 00:04:03,310
It was freezing.
88
00:04:03,410 --> 00:04:05,400
That's when I knew
something was wrong.
89
00:04:05,412 --> 00:04:09,141
So I searched the house,
90
00:04:09,241 --> 00:04:12,244
and I found him.
91
00:04:12,310 --> 00:04:14,855
- Do you know of any problems
he was having?
92
00:04:14,856 --> 00:04:16,906
Anyone who might have
wanted to hurt him?
93
00:04:16,907 --> 00:04:18,692
- No.
94
00:04:18,725 --> 00:04:20,986
The man wasn't just a legend.
95
00:04:21,052 --> 00:04:23,130
He was the real deal.
96
00:04:23,196 --> 00:04:27,300
He saved my life last night.
97
00:04:27,301 --> 00:04:28,734
- I spoke to the other
eight firefighters
98
00:04:28,735 --> 00:04:30,485
who were at the station
last night.
99
00:04:30,486 --> 00:04:33,105
They all gave sworn statements
that they were asleep
100
00:04:33,106 --> 00:04:35,065
and didn't hear or see
anything unusual.
101
00:04:35,066 --> 00:04:36,443
- Unhelpful.
102
00:04:36,444 --> 00:04:38,377
- Also, the same thing
about Braddock too.
103
00:04:38,378 --> 00:04:40,447
Dude was a hero.
Everybody loved him.
104
00:04:40,448 --> 00:04:42,248
- Okay, extra unhelpful,
but still.
105
00:04:42,249 --> 00:04:43,949
Any one of them
could be the killer.
106
00:04:43,950 --> 00:04:45,918
- Well, theoretically,
but there's this.
107
00:04:45,919 --> 00:04:47,753
Security footage
from the back entrance
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00:04:47,754 --> 00:04:49,915
of the station shows Braddock
109
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letting somebody in
at around 11:26 p.m.
110
00:04:52,243 --> 00:04:53,692
- No angle on
the person's face?
111
00:04:53,693 --> 00:04:54,743
- Uh-uh.
112
00:04:54,744 --> 00:04:56,328
And because of the hood
and the jacket,
113
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you can't tell if it's a man
or a woman, but check this out.
114
00:04:58,265 --> 00:05:00,800
20 minutes later,
they leave out the same door.
115
00:05:00,867 --> 00:05:04,070
Now, that's 16 minutes
before the 911 call.
116
00:05:04,104 --> 00:05:06,840
- So looks like Braddock
knew his killer?
117
00:05:06,841 --> 00:05:08,299
I mean, what about
the murder weapon?
118
00:05:08,300 --> 00:05:09,576
Any prints?
- Dozens.
119
00:05:09,577 --> 00:05:11,610
But they all track back
to members of Braddock's
120
00:05:11,611 --> 00:05:14,181
ladder company, which tracks.
121
00:05:14,281 --> 00:05:17,083
If you zoom in, mystery
person's wearing gloves.
122
00:05:17,184 --> 00:05:20,220
- So how does a guy
beloved by everybody
123
00:05:20,221 --> 00:05:21,804
end up with his head bashed in?
124
00:05:21,805 --> 00:05:23,323
- I wouldn't say everyone.
125
00:05:23,324 --> 00:05:24,990
I've been going through
his text messages.
126
00:05:24,991 --> 00:05:26,550
Looks like he was going through
127
00:05:26,551 --> 00:05:28,662
a pretty nasty split
from his wife.
128
00:05:28,728 --> 00:05:31,031
- Sounds promising.
- And it gets better.
129
00:05:31,097 --> 00:05:33,433
Braddock had her served
with divorce papers
130
00:05:33,466 --> 00:05:35,952
yesterday afternoon.
131
00:05:35,986 --> 00:05:38,288
[pensive music]
132
00:05:38,321 --> 00:05:40,498
- Our understanding
is that the two of you
133
00:05:40,565 --> 00:05:42,943
were having
some marital problems?
134
00:05:42,976 --> 00:05:44,502
- You mean he was leaving me.
135
00:05:44,569 --> 00:05:46,613
- We read his text messages.
136
00:05:46,680 --> 00:05:48,348
You seemed pretty upset.
137
00:05:48,448 --> 00:05:51,117
- Because I didn't
want a divorce.
138
00:05:51,151 --> 00:05:52,978
Because I loved him.
139
00:05:53,011 --> 00:05:55,021
I would never.
140
00:05:55,121 --> 00:05:58,917
? ?
141
00:05:59,017 --> 00:06:01,194
I had an affair.
142
00:06:01,261 --> 00:06:03,688
It was a mistake.
143
00:06:03,755 --> 00:06:06,733
I begged him to take me back,
but he couldn't.
144
00:06:06,833 --> 00:06:11,705
I hoped that maybe
with time, but no.
145
00:06:11,771 --> 00:06:15,342
- Where were you last night
around midnight?
146
00:06:15,408 --> 00:06:18,845
- I was a mess about
the divorce papers.
147
00:06:18,846 --> 00:06:20,379
So I had a few
girlfriends over.
148
00:06:20,380 --> 00:06:21,981
We drank some wine
and watched a movie.
149
00:06:21,982 --> 00:06:23,682
- Well, we'd like to get
those friends' contacts,
150
00:06:23,683 --> 00:06:26,011
if that's all right.
151
00:06:26,044 --> 00:06:29,639
- Can you think of anyone who
had issues with your husband?
152
00:06:32,392 --> 00:06:35,495
- Well, yes, actually.
153
00:06:35,496 --> 00:06:37,863
The day before yesterday,
a man came by the house.
154
00:06:37,864 --> 00:06:39,465
I don't know what it was about,
but he and Clint
155
00:06:39,466 --> 00:06:41,893
got into a fight
on the front lawn.
156
00:06:41,960 --> 00:06:43,220
- You know who the man was?
157
00:06:43,221 --> 00:06:45,304
- No, he'd already taken off
by the time I came out.
158
00:06:45,305 --> 00:06:46,839
I asked Clint
what was going on,
159
00:06:46,840 --> 00:06:49,910
but he didn't wanna
talk about it.
160
00:06:49,911 --> 00:06:51,894
- I noticed the doorbell cam
on the way in.
161
00:06:51,895 --> 00:06:53,079
Does that work?
162
00:06:55,415 --> 00:06:58,209
- Candace Newman's friends
all back up her alibi.
163
00:06:58,210 --> 00:06:59,885
Apparently,
they watched "The Notebook."
164
00:06:59,886 --> 00:07:00,954
- Oh, God.
165
00:07:01,021 --> 00:07:02,789
So she's a glutton
for punishment.
166
00:07:02,856 --> 00:07:05,058
And what about this guy
she claims
167
00:07:05,091 --> 00:07:07,227
got into an altercation
with Braddock?
168
00:07:07,260 --> 00:07:10,588
- Yeah, I got
the footage right here.
169
00:07:10,655 --> 00:07:12,732
- Why are you here? Leave.
170
00:07:12,733 --> 00:07:14,233
- Can we hear what
they're arguing about?
171
00:07:14,234 --> 00:07:16,302
- Too far away from the camera
to make it out,
172
00:07:16,303 --> 00:07:18,330
but wait for it.
173
00:07:18,331 --> 00:07:19,939
- Our vic threw
the first punch.
174
00:07:19,940 --> 00:07:22,257
- The only punch.
Leveled the guy with one swing.
175
00:07:22,258 --> 00:07:24,069
- So maybe our mystery man
176
00:07:24,102 --> 00:07:26,272
showed up at the station
to even the score?
177
00:07:26,273 --> 00:07:28,347
- Well, I used the truck's
plates to pull the DMV records.
178
00:07:28,348 --> 00:07:30,383
Belongs to
a Steven Delvecchio, 52.
179
00:07:30,517 --> 00:07:31,751
Lives in Yonkers.
180
00:07:31,752 --> 00:07:33,585
- What's the connection
with Braddock?
181
00:07:33,586 --> 00:07:35,755
- Delvecchio was
a 30-year FDNY veteran
182
00:07:35,756 --> 00:07:38,282
assigned to Braddock's ladder
company until two months ago
183
00:07:38,283 --> 00:07:39,784
when he retired.
184
00:07:39,851 --> 00:07:41,328
- Okay.
185
00:07:41,394 --> 00:07:44,584
Well, let's find out why things
got physical between these two.
186
00:07:46,266 --> 00:07:47,801
[knocking on door]
187
00:07:50,695 --> 00:07:52,072
[knocking on door]
188
00:07:52,138 --> 00:07:54,966
[suspenseful music]
189
00:07:55,033 --> 00:07:56,309
- Theo.
190
00:07:57,275 --> 00:08:00,746
- Is that smoke?
[pounding on window]
191
00:08:00,747 --> 00:08:02,107
- NYPD! Is anyone in there?
192
00:08:02,108 --> 00:08:03,882
- The engine's running.
- It's not smoke.
193
00:08:03,883 --> 00:08:04,984
That's exhaust.
194
00:08:07,303 --> 00:08:09,589
[coughing]
Find the door opener!
195
00:08:09,622 --> 00:08:11,491
[coughing]
196
00:08:15,261 --> 00:08:17,397
You got it?
- I got it. Let's go.
197
00:08:17,464 --> 00:08:20,100
- Set him down here.
198
00:08:20,101 --> 00:08:21,367
Watch his head.
- I got him.
199
00:08:21,368 --> 00:08:23,336
- All right. Hey, Steven?
200
00:08:25,397 --> 00:08:27,006
Steven.
201
00:08:27,073 --> 00:08:29,709
- Hey, we need an ambulance,
1461 Elmhurst.
202
00:08:29,710 --> 00:08:31,276
Caucasian male, unconscious,
203
00:08:31,277 --> 00:08:32,845
suspected
carbon monoxide poisoning.
204
00:08:32,846 --> 00:08:34,114
- [coughing]
- Hey!
205
00:08:34,147 --> 00:08:36,216
Hey, hey, hey.
Hey, can you hear me?
206
00:08:36,282 --> 00:08:37,550
Huh?
- [coughs]
207
00:08:37,650 --> 00:08:38,785
- Hey.
- [coughs]
208
00:08:38,918 --> 00:08:40,245
- Steven! Steven!
209
00:08:40,345 --> 00:08:41,588
You all right?
210
00:08:41,688 --> 00:08:42,738
- I'm sorry.
211
00:08:42,739 --> 00:08:44,089
- Hey, hey, it's okay.
It's okay.
212
00:08:44,090 --> 00:08:45,591
- I'm so sorry.
- It's all right.
213
00:08:45,592 --> 00:08:46,692
All right,
stay with me, all right?
214
00:08:46,693 --> 00:08:47,894
We got you.
215
00:08:47,994 --> 00:08:50,088
- I can't live with
what I've done.
216
00:08:50,188 --> 00:08:53,024
I can't take the guilt.
217
00:08:53,091 --> 00:08:56,995
? ?
218
00:09:01,059 --> 00:09:02,474
.
219
00:09:02,475 --> 00:09:04,309
- He's lucky you found him
when you did.
220
00:09:04,310 --> 00:09:05,602
- I'm not sure
he'd agree with you.
221
00:09:05,603 --> 00:09:07,413
- Right, so because this
was a suicide attempt,
222
00:09:07,414 --> 00:09:10,441
we're required to hold him for
a 72-hour observation period.
223
00:09:10,442 --> 00:09:12,051
- I get it, but we'd like
to talk to him now.
224
00:09:12,052 --> 00:09:13,386
Is he awake?
225
00:09:13,387 --> 00:09:15,554
- He is, but I'd really
rather you wait until after
226
00:09:15,555 --> 00:09:17,714
the social worker has had
a chance to assess him.
227
00:09:17,715 --> 00:09:19,258
- Yeah,
that's not gonna happen.
228
00:09:19,259 --> 00:09:21,393
- He's been through a lot today
already, and in his state-
229
00:09:21,394 --> 00:09:22,528
- Listen,
we're investigating a murder,
230
00:09:22,529 --> 00:09:24,889
so if he's coherent,
he's fair game.
231
00:09:24,956 --> 00:09:26,499
- [sighs]
232
00:09:26,533 --> 00:09:28,359
- I don't understand.
Clint's dead?
233
00:09:28,360 --> 00:09:30,202
- Don't waste our time here,
Steve, man.
234
00:09:30,203 --> 00:09:31,770
Come on.
- I'm serious. I didn't know.
235
00:09:31,771 --> 00:09:33,130
- Then why did we find you
in your garage
236
00:09:33,131 --> 00:09:35,675
trying to take off for good?
237
00:09:35,708 --> 00:09:38,478
- I don't wanna talk about it.
238
00:09:38,479 --> 00:09:40,237
- You already did, Steven.
You don't remember?
239
00:09:40,238 --> 00:09:41,548
You confessed.
240
00:09:41,549 --> 00:09:43,048
You said you couldn't live
with what you had done,
241
00:09:43,049 --> 00:09:44,517
that you were sorry.
242
00:09:44,584 --> 00:09:46,519
- I was talking about
something else.
243
00:09:46,586 --> 00:09:47,979
- Yeah, sure you were.
244
00:09:47,980 --> 00:09:49,521
- We know you and
Braddock were beefing
245
00:09:49,522 --> 00:09:50,823
and that he knocked
your ass out.
246
00:09:50,824 --> 00:09:52,094
We saw the video.
So what?
247
00:09:52,095 --> 00:09:54,059
You show up the next day
to get some payback?
248
00:09:54,060 --> 00:09:55,360
- Maybe things went
a little too far.
249
00:09:55,361 --> 00:09:57,055
Maybe you swung
a little too hard.
250
00:09:57,056 --> 00:09:58,097
- You don't understand.
251
00:09:58,098 --> 00:10:00,366
Clint was one of
my best friends.
252
00:10:00,400 --> 00:10:02,368
We worked together
for over 25 years.
253
00:10:02,469 --> 00:10:04,037
- I don't know about you,
254
00:10:04,038 --> 00:10:05,904
but my best friend never
punched me in the face.
255
00:10:05,905 --> 00:10:07,239
- That's probably
because you've never
256
00:10:07,240 --> 00:10:09,901
done anything as bad as I did.
257
00:10:10,096 --> 00:10:13,512
I was having
some money troubles,
258
00:10:13,513 --> 00:10:16,349
so a buddy of mine
set me up with a doctor
259
00:10:16,416 --> 00:10:17,917
who was helping guys like me,
260
00:10:17,984 --> 00:10:20,954
guys who were at Ground Zero,
get some extra cash.
261
00:10:21,020 --> 00:10:24,057
- You worked 9/11?
- Yeah, I was with Clint.
262
00:10:24,090 --> 00:10:25,558
It was a nightmare.
263
00:10:25,592 --> 00:10:28,461
It was everything you
would imagine, but worse.
264
00:10:28,462 --> 00:10:30,362
It's why the
World Trade Center Health Fund
265
00:10:30,363 --> 00:10:32,290
covers treatment for PTSD.
266
00:10:32,357 --> 00:10:35,635
- But you didn't have PTSD,
267
00:10:35,702 --> 00:10:36,769
did you?
268
00:10:36,836 --> 00:10:38,796
[grim music]
269
00:10:38,863 --> 00:10:41,841
- A few months ago, Clint
figured out what was going on.
270
00:10:41,842 --> 00:10:43,675
Out of respect
for our friendship,
271
00:10:43,676 --> 00:10:45,277
he didn't turn me in,
but I had to agree
272
00:10:45,278 --> 00:10:47,981
to stop taking the cash
and retire.
273
00:10:47,982 --> 00:10:50,015
Even worse, he said
we were done as friends.
274
00:10:50,016 --> 00:10:51,917
He didn't wanna
speak to me ever again.
275
00:10:51,918 --> 00:10:54,420
So I went over to his house
to talk it out.
276
00:10:54,554 --> 00:10:56,689
But, well,
you saw how that went.
277
00:10:56,756 --> 00:11:02,095
FDNY is the only family I ever
had that really mattered.
278
00:11:02,128 --> 00:11:03,696
Now I have nothing.
279
00:11:03,763 --> 00:11:06,533
So that's why I...
280
00:11:06,599 --> 00:11:09,836
- So where were you last night
around midnight?
281
00:11:09,936 --> 00:11:13,231
- Getting piss blind drunk
in a bar.
282
00:11:13,298 --> 00:11:15,808
Duff's in Greenpoint.
283
00:11:15,809 --> 00:11:18,810
- Called the bar in Brooklyn.
Delvecchio's alibi checks out.
284
00:11:18,811 --> 00:11:20,346
He was there until last call,
285
00:11:20,347 --> 00:11:22,080
drowning his sorrows
in whiskey.
286
00:11:22,081 --> 00:11:23,715
- Yeah, but we could
charge him with fraud
287
00:11:23,716 --> 00:11:25,217
for stealing from
the health fund.
288
00:11:25,218 --> 00:11:26,418
- The guy could
actually benefit
289
00:11:26,419 --> 00:11:27,819
from some
mental health services,
290
00:11:27,820 --> 00:11:29,580
which is sort of ironic
if you think about it.
291
00:11:29,581 --> 00:11:30,823
- True.
292
00:11:30,890 --> 00:11:33,000
I had Yee go through
Braddock's computer.
293
00:11:33,001 --> 00:11:35,060
She found an email
from a senior marshal
294
00:11:35,061 --> 00:11:37,030
in the fire department.
295
00:11:37,031 --> 00:11:39,364
He said he wanted to talk
to Braddock about something
296
00:11:39,365 --> 00:11:41,200
"serious" in private.
297
00:11:41,201 --> 00:11:42,834
So Braddock told him
to come by the station
298
00:11:42,835 --> 00:11:44,137
later on that night.
299
00:11:44,170 --> 00:11:47,040
It's the night of the murder.
300
00:11:47,486 --> 00:11:50,701
- We know that's you
sneaking out
301
00:11:50,702 --> 00:11:51,935
the back door of the
firehouse the night
302
00:11:51,936 --> 00:11:53,379
Captain Braddock was killed.
303
00:11:53,380 --> 00:11:54,580
- I mean, you're correct.
That's me.
304
00:11:54,581 --> 00:11:56,448
But I'm not sneaking out.
I'm just leaving.
305
00:11:56,449 --> 00:11:57,983
- Oh, well,
after you just left,
306
00:11:57,984 --> 00:12:00,052
Captain Braddock was found
with his head cracked open.
307
00:12:00,053 --> 00:12:01,554
- I'm aware.
308
00:12:01,555 --> 00:12:03,989
- So it looks like you were the
last person to see him alive.
309
00:12:03,990 --> 00:12:05,724
- I can't have been
the last person because
310
00:12:05,725 --> 00:12:07,560
he was fine when I left.
311
00:12:07,627 --> 00:12:08,928
I'm telling you the truth.
312
00:12:08,929 --> 00:12:10,562
I went to the firehouse
to discuss something
313
00:12:10,563 --> 00:12:11,898
work-related with him.
314
00:12:11,899 --> 00:12:13,332
- Well, if you're discussing
something work-related,
315
00:12:13,333 --> 00:12:15,226
then why all
the cloak and dagger?
316
00:12:15,293 --> 00:12:17,604
I mean, meeting at midnight?
317
00:12:17,704 --> 00:12:21,841
- We were discussing a delicate
matter, friend to friend.
318
00:12:21,842 --> 00:12:24,534
- Why not come forward when
you found out he got killed?
319
00:12:24,535 --> 00:12:25,878
- There was no point.
320
00:12:25,912 --> 00:12:27,513
I don't know anything.
321
00:12:27,547 --> 00:12:30,683
So I just kept my mouth shut.
322
00:12:30,684 --> 00:12:32,618
- So what did you come to see
Captain Braddock about
323
00:12:32,619 --> 00:12:33,920
that evening?
324
00:12:33,980 --> 00:12:38,415
- Three weeks ago,
there was an electrical fire
325
00:12:38,416 --> 00:12:40,317
at a jewelry store
in the diamond district.
326
00:12:40,318 --> 00:12:42,188
Braddock's company
put out the fire.
327
00:12:42,189 --> 00:12:44,763
- Jenca was the marshal
assigned to oversee the case.
328
00:12:44,764 --> 00:12:46,923
Mostly just due diligence
stuff, you know?
329
00:12:46,924 --> 00:12:49,326
Determining cause, assessing
damage, stuff like that.
330
00:12:49,327 --> 00:12:51,261
But during the course
of his investigation,
331
00:12:51,262 --> 00:12:54,741
Jenca discovered that
a $500,000 diamond necklace
332
00:12:54,774 --> 00:12:56,764
that had been
reported lost in the fire
333
00:12:56,765 --> 00:12:58,110
had actually been stolen,
334
00:12:58,111 --> 00:13:00,078
and that Braddock and his crew
were the only ones
335
00:13:00,079 --> 00:13:02,682
that had access to the scene.
336
00:13:02,749 --> 00:13:06,419
- Okay, but why was Jenca at
the fire station that night?
337
00:13:06,486 --> 00:13:08,888
- To give Braddock
a heads-up, you know,
338
00:13:08,889 --> 00:13:11,423
friend to friend, that one
of his guys might be a thief.
339
00:13:11,424 --> 00:13:13,392
- He gave Braddock a file
and then he took off.
340
00:13:13,393 --> 00:13:15,110
According to Jenca,
when he left,
341
00:13:15,111 --> 00:13:16,795
Braddock was still
very much alive.
342
00:13:16,796 --> 00:13:18,263
- We have the security footage.
343
00:13:18,264 --> 00:13:20,424
We know no one else entered
the fire station that night.
344
00:13:20,425 --> 00:13:22,802
So if Braddock was alive
when he left...
345
00:13:22,869 --> 00:13:25,505
- The murderer was
already in the firehouse.
346
00:13:25,571 --> 00:13:29,575
? ?
347
00:13:29,576 --> 00:13:31,176
These are the
nine firefighters that
348
00:13:31,177 --> 00:13:32,711
were staying at the station
the night of the murder.
349
00:13:32,712 --> 00:13:34,046
- We cross-checked them
against the prints
350
00:13:34,047 --> 00:13:35,447
we pulled from
the murder weapon.
351
00:13:35,448 --> 00:13:37,483
Narrowed the list down
to these five.
352
00:13:37,484 --> 00:13:39,184
- Any of them work
the jewelry store fire?
353
00:13:39,185 --> 00:13:41,420
- All five of them.
We reviewed their statements.
354
00:13:41,421 --> 00:13:45,291
Didn't find any inconsistencies
or obvious omissions.
355
00:13:45,358 --> 00:13:46,868
- That's interesting.
- What?
356
00:13:46,869 --> 00:13:48,660
- According to
this personnel file,
357
00:13:48,661 --> 00:13:51,831
one of these guys has
a prior felony conviction.
358
00:13:54,367 --> 00:13:55,668
There you go.
359
00:13:55,735 --> 00:13:58,004
Served three years
for burglary.
360
00:13:58,071 --> 00:14:00,798
Seems like
a good place to start.
361
00:14:00,832 --> 00:14:03,000
Diego Peralta.
362
00:14:03,067 --> 00:14:06,713
- He's the one who found
the body and called 911.
363
00:14:06,813 --> 00:14:08,614
- Told you everything I know.
364
00:14:08,648 --> 00:14:10,578
I heard arguing,
so I came downstairs.
365
00:14:10,583 --> 00:14:12,633
- Right, yeah,
you saw the back door open.
366
00:14:12,652 --> 00:14:14,402
You found the body.
We know all that.
367
00:14:14,403 --> 00:14:16,346
We wanna talk to you
about something else.
368
00:14:16,347 --> 00:14:18,190
- You worked the fire
at Powell Brothers Jewelers
369
00:14:18,191 --> 00:14:19,859
a few weeks back, right?
370
00:14:21,594 --> 00:14:23,521
- Why are you asking
about that?
371
00:14:23,522 --> 00:14:24,821
- You know anything
about a necklace
372
00:14:24,822 --> 00:14:26,332
that got burned up in the fire?
373
00:14:26,366 --> 00:14:27,633
Pretty expensive one?
374
00:14:27,700 --> 00:14:29,802
- Worth about 500 grand?
375
00:14:29,803 --> 00:14:31,436
- See, the people that
look into this kind of thing,
376
00:14:31,437 --> 00:14:33,805
they think that maybe
the necklace wasn't destroyed
377
00:14:33,806 --> 00:14:36,743
in the fire,
but that it was actually stolen
378
00:14:36,809 --> 00:14:40,838
by one of the firefighters.
379
00:14:40,839 --> 00:14:42,514
So we think maybe
Braddock talked to you.
380
00:14:42,515 --> 00:14:43,674
Maybe you got upset.
381
00:14:47,612 --> 00:14:49,222
- I want a lawyer.
382
00:14:49,575 --> 00:14:53,283
- Well, we got phones
down at the station.
383
00:14:53,284 --> 00:14:54,894
You can call one from there.
384
00:14:54,961 --> 00:14:56,996
Come on.
385
00:14:56,997 --> 00:14:58,697
- Clammed up the second
we asked him
386
00:14:58,698 --> 00:15:00,199
about the jewelry store fire.
387
00:15:00,200 --> 00:15:01,867
As his captain,
Braddock would have known
388
00:15:01,868 --> 00:15:03,502
about his prior
burglary conviction,
389
00:15:03,503 --> 00:15:05,562
so once he got word
the necklace was stolen-
390
00:15:05,563 --> 00:15:07,606
- Braddock confronts him,
Peralta panics,
391
00:15:07,607 --> 00:15:09,407
grabs a Halligan,
strikes Braddock
392
00:15:09,408 --> 00:15:10,908
to keep him from reporting him.
393
00:15:10,943 --> 00:15:14,013
- And then calls 911 and
pretends he found him dead.
394
00:15:14,014 --> 00:15:16,481
- Can we prove that Peralta
stole the necklace?
395
00:15:16,482 --> 00:15:17,884
- No.
396
00:15:17,885 --> 00:15:20,619
We looked into his finances,
but there's nothing suspicious.
397
00:15:20,620 --> 00:15:22,855
- We need more to charge.
398
00:15:22,922 --> 00:15:26,726
But given his criminal history,
399
00:15:26,793 --> 00:15:30,096
we might have enough probable
cause to get a search warrant.
400
00:15:31,250 --> 00:15:35,659
- How can you just
come into our home like this?
401
00:15:35,660 --> 00:15:36,710
You have no right.
402
00:15:36,711 --> 00:15:37,936
- I'm sorry for
the intrusion, ma'am,
403
00:15:37,937 --> 00:15:39,329
but as you can see
from that document-
404
00:15:39,330 --> 00:15:41,440
- I don't care what this says.
You're wrong.
405
00:15:41,474 --> 00:15:43,568
D would never.
- Mommy?
406
00:15:43,601 --> 00:15:45,728
- Oh.
[speaks Spanish]
407
00:15:45,761 --> 00:15:47,113
- Mommy?
408
00:15:47,180 --> 00:15:49,282
[tense music]
409
00:15:49,348 --> 00:15:50,583
What's happening?
410
00:15:50,650 --> 00:15:51,918
- Nothing, baby.
411
00:15:51,919 --> 00:15:53,418
These nice people
are just helping Mommy
412
00:15:53,419 --> 00:15:55,513
look for something.
413
00:15:55,613 --> 00:15:57,123
- Where's Daddy?
414
00:15:57,190 --> 00:15:58,558
- He's at work.
415
00:15:58,591 --> 00:16:00,960
- Putting out fires?
- That's right.
416
00:16:01,027 --> 00:16:04,163
Come on,
let's go outside and play.
417
00:16:04,230 --> 00:16:07,291
? ?
418
00:16:07,358 --> 00:16:08,918
- Any sign of the necklace?
419
00:16:08,951 --> 00:16:10,436
- [sighs]
No, nothing yet.
420
00:16:10,437 --> 00:16:11,636
- If I'm being honest,
I'm hoping that
421
00:16:11,637 --> 00:16:13,239
maybe we got this wrong.
422
00:16:13,306 --> 00:16:17,009
- I found this in the dumpster
in the building's basement.
423
00:16:17,076 --> 00:16:21,414
? ?
424
00:16:21,480 --> 00:16:23,808
- So much for getting it wrong.
425
00:16:23,875 --> 00:16:25,610
? ?
426
00:16:31,926 --> 00:16:33,341
.
427
00:16:33,342 --> 00:16:34,926
- Guess what we just found
at the bottom
428
00:16:34,927 --> 00:16:36,963
of your trash chute, Diego?
429
00:16:37,029 --> 00:16:41,425
The FDNY file about the fire
at the jewelry store?
430
00:16:41,426 --> 00:16:42,926
You know,
the one that says that
431
00:16:42,927 --> 00:16:45,428
that very expensive necklace
didn't burn up in the fire?
432
00:16:45,429 --> 00:16:47,130
- Braddock's buddy
gave him that file
433
00:16:47,131 --> 00:16:48,307
the night he was killed.
434
00:16:48,374 --> 00:16:50,064
- Yeah, right before,
actually,
435
00:16:50,065 --> 00:16:51,943
which means the only way
it ends up at your place
436
00:16:51,944 --> 00:16:53,246
is if you took it.
437
00:16:53,312 --> 00:16:56,616
- It's got blood on it, too,
so we're having to test it.
438
00:16:56,682 --> 00:16:59,252
But we both know
it's gonna be Braddock's.
439
00:16:59,318 --> 00:17:01,454
So now this, Diego,
440
00:17:01,521 --> 00:17:04,524
this is your opportunity
to come clean and confess,
441
00:17:04,525 --> 00:17:06,424
and then maybe we can work
something out with the DA,
442
00:17:06,425 --> 00:17:07,627
get him to go easy on you.
443
00:17:07,693 --> 00:17:09,462
- Don't say anything.
444
00:17:09,463 --> 00:17:11,421
Look, my client has already
told you everything he knows.
445
00:17:11,422 --> 00:17:13,131
- Judges take these things
into consideration
446
00:17:13,132 --> 00:17:14,667
when it comes to sentencing.
447
00:17:14,767 --> 00:17:16,527
I mean, you don't
cooperate now-
448
00:17:16,594 --> 00:17:18,034
- With your criminal record?
449
00:17:18,035 --> 00:17:19,304
- He has nothing more to say.
450
00:17:19,305 --> 00:17:21,173
[knocking on door]
451
00:17:21,274 --> 00:17:24,176
- Lab confirmed it was
Braddock's blood on the file.
452
00:17:24,277 --> 00:17:25,978
[solemn music]
453
00:17:26,045 --> 00:17:28,381
Book him.
- Stand up, please.
454
00:17:30,808 --> 00:17:34,554
Diego Peralta,
you're under arrest for murder.
455
00:17:35,527 --> 00:17:38,715
- How does
the defendant plead?
456
00:17:38,716 --> 00:17:40,293
- Not guilty, Your Honor.
457
00:17:40,326 --> 00:17:42,553
- I'll hear you on bail,
Ms. Maroun.
458
00:17:42,653 --> 00:17:45,063
- Your Honor,
the defendant brutally murdered
459
00:17:45,097 --> 00:17:46,465
a national hero,
460
00:17:46,466 --> 00:17:48,550
crushing
Captain Clint Braddock's skull
461
00:17:48,551 --> 00:17:50,101
with the same tool
Braddock used
462
00:17:50,102 --> 00:17:52,296
to save an untold
number of lives.
463
00:17:52,297 --> 00:17:54,940
Your Honor, we believe that
the defendant killed Braddock
464
00:17:54,941 --> 00:17:57,008
to cover up another crime
he had committed,
465
00:17:57,009 --> 00:18:00,880
a theft of a diamond necklace
worth $500,000
466
00:18:00,947 --> 00:18:02,515
from a scene of a fire.
467
00:18:02,516 --> 00:18:03,682
- Is he being charged
with that as well?
468
00:18:03,683 --> 00:18:06,152
- Not at this time,
but we believe
469
00:18:06,185 --> 00:18:07,935
that he has access
to the necklace
470
00:18:07,936 --> 00:18:09,846
or the monies he received
from selling the necklace,
471
00:18:09,847 --> 00:18:11,791
which makes him a flight risk.
472
00:18:11,824 --> 00:18:13,918
As such,
the people request remand.
473
00:18:13,919 --> 00:18:15,493
- My client has access
to zero funds
474
00:18:15,494 --> 00:18:17,304
because he didn't
steal anything,
475
00:18:17,363 --> 00:18:19,699
nor is he guilty of murder.
476
00:18:19,765 --> 00:18:21,534
He's, in fact, the victim here.
477
00:18:21,600 --> 00:18:22,935
- Excuse me?
478
00:18:23,035 --> 00:18:24,637
- He's the victim.
479
00:18:24,670 --> 00:18:26,222
- Meaning what?
480
00:18:26,255 --> 00:18:30,576
- Meaning that Mr. Peralta did,
in fact, kill Clint Braddock.
481
00:18:30,643 --> 00:18:34,338
But he did so because
he was in fear for his life.
482
00:18:34,372 --> 00:18:36,015
This isn't murder, Your Honor.
483
00:18:36,048 --> 00:18:38,117
It's self-defense.
484
00:18:38,184 --> 00:18:40,686
[tense music]
485
00:18:40,720 --> 00:18:44,457
? ?
486
00:18:44,458 --> 00:18:47,158
- They're saying Peralta didn't
steal the diamond necklace.
487
00:18:47,159 --> 00:18:48,294
Braddock did.
488
00:18:48,295 --> 00:18:49,919
And Peralta was
gonna turn him in,
489
00:18:49,920 --> 00:18:52,189
which prompted Braddock
to attack him.
490
00:18:52,190 --> 00:18:53,590
- So they're looking to
shift blame to the victim
491
00:18:53,591 --> 00:18:55,300
and take advantage of
the fact that the dead guy
492
00:18:55,301 --> 00:18:56,402
can't defend himself.
493
00:18:56,502 --> 00:18:58,429
How's our case?
- It's strong.
494
00:18:58,430 --> 00:19:00,772
Peralta found the body
and lied to detectives
495
00:19:00,773 --> 00:19:02,207
about what happened
on the night of the murder
496
00:19:02,208 --> 00:19:03,559
on two separate occasions.
497
00:19:03,560 --> 00:19:05,210
- And when police searched
Peralta's home,
498
00:19:05,211 --> 00:19:07,345
they found evidence
that had gone missing
499
00:19:07,346 --> 00:19:09,247
from the crime scene
with the victim's blood on it.
500
00:19:09,248 --> 00:19:10,815
- Is there any evidence
to support
501
00:19:10,816 --> 00:19:12,543
his self-defense theory?
502
00:19:12,544 --> 00:19:14,444
Any reason to think Braddock
might have stolen the necklace
503
00:19:14,445 --> 00:19:16,605
or gotten violent with Peralta?
- No.
504
00:19:16,639 --> 00:19:19,083
Braddock's reputation
was beyond reproach.
505
00:19:19,084 --> 00:19:21,393
There's not so much
as a blemish on his record.
506
00:19:21,394 --> 00:19:22,560
The defendant,
on the other hand,
507
00:19:22,561 --> 00:19:24,851
served three years
in Fishkill for burglary.
508
00:19:24,864 --> 00:19:27,425
- Since when does the FDNY
hire ex-cons?
509
00:19:27,458 --> 00:19:29,001
- It started in 2016.
510
00:19:29,002 --> 00:19:31,636
- Yeah, they relaxed admission
standards to boost diversity,
511
00:19:31,637 --> 00:19:33,505
give deserving felons
a second chance.
512
00:19:33,506 --> 00:19:35,341
But Peralta cheated the system.
513
00:19:35,441 --> 00:19:36,634
- How so?
514
00:19:36,635 --> 00:19:37,901
- The program is
only open to people
515
00:19:37,902 --> 00:19:39,282
with one felony conviction.
516
00:19:39,283 --> 00:19:40,879
Peralta has two,
but one of them
517
00:19:40,880 --> 00:19:43,449
was sealed because
he was 15 at the time.
518
00:19:43,516 --> 00:19:44,775
- Let's get it unsealed.
519
00:19:44,809 --> 00:19:46,485
- Oh, we already did.
520
00:19:46,552 --> 00:19:49,138
- Third-degree assault.
521
00:19:49,171 --> 00:19:50,414
- Third-degree?
522
00:19:50,448 --> 00:19:52,083
This guy was beaten to a pulp.
523
00:19:52,084 --> 00:19:53,842
- Prosecutor pushed
for first-degree,
524
00:19:53,843 --> 00:19:55,652
but the victim didn't
wanna move forward,
525
00:19:55,653 --> 00:19:57,163
so they gave him a deal.
526
00:19:57,164 --> 00:19:59,189
- So the defendant has a
history not only of stealing,
527
00:19:59,190 --> 00:20:00,958
but of physical violence.
528
00:20:00,991 --> 00:20:03,869
See if the judge will allow it.
529
00:20:03,870 --> 00:20:08,673
- You're suggesting that
Mr. Braddock's death somehow
530
00:20:08,674 --> 00:20:11,076
resembles an assault my client
committed against
531
00:20:11,077 --> 00:20:13,270
a bodega owner in 2009?
532
00:20:13,271 --> 00:20:15,580
- That bodega owner caught
the defendant stealing
533
00:20:15,581 --> 00:20:17,082
burner phones for
his street gang.
534
00:20:17,083 --> 00:20:20,052
The actual assault occurred
when the bodega owner
535
00:20:20,119 --> 00:20:22,888
attempted to alert
law enforcement.
536
00:20:22,955 --> 00:20:25,449
- Not quite
following the logic.
537
00:20:25,450 --> 00:20:27,692
- The People intend to prove
that the defendant murdered
538
00:20:27,693 --> 00:20:30,463
Clint Braddock for
precisely the same reason-
539
00:20:30,464 --> 00:20:32,322
attempting to report
the defendant's
540
00:20:32,323 --> 00:20:33,698
criminal behavior
to the authorities.
541
00:20:33,699 --> 00:20:35,467
And to do that,
we need to establish
542
00:20:35,468 --> 00:20:38,404
how the defendant reacts
to this specific provocation.
543
00:20:38,405 --> 00:20:40,105
- So the State intends
to prove my client's animus
544
00:20:40,106 --> 00:20:41,574
toward snitches.
545
00:20:41,607 --> 00:20:45,194
- Ms. Matos may think this is
a joke, but the People don't.
546
00:20:45,195 --> 00:20:46,870
- Your Honor,
this is propensity evidence
547
00:20:46,871 --> 00:20:48,080
in disguise.
548
00:20:48,114 --> 00:20:50,808
Mr. Price is trying to use
the stigma of my client's
549
00:20:50,809 --> 00:20:53,343
juvenile record to launder
the facts of the case
550
00:20:53,344 --> 00:20:54,819
to fit the People's narrative.
551
00:20:54,820 --> 00:20:56,855
And they're not just
doing it to the jury.
552
00:20:56,856 --> 00:20:58,682
They did it with
the search warrant.
553
00:20:58,716 --> 00:21:00,151
- Excuse me?
554
00:21:00,152 --> 00:21:01,759
- I move to exclude
the evidence from the search
555
00:21:01,760 --> 00:21:03,162
of Mr. Peralta's home.
556
00:21:03,195 --> 00:21:04,530
- On what grounds?
557
00:21:04,531 --> 00:21:05,930
- As I said,
the search warrant
558
00:21:05,931 --> 00:21:08,199
improperly relied on my
client's criminal history
559
00:21:08,200 --> 00:21:10,002
to establish probable cause.
560
00:21:10,003 --> 00:21:12,587
So any evidence obtained
pursuant to the warrant
561
00:21:12,588 --> 00:21:14,531
should be suppressed as
fruit of the poisonous tree.
562
00:21:14,532 --> 00:21:17,409
- Ms. Matos is conveniently
ignoring that the affidavit
563
00:21:17,476 --> 00:21:19,979
also points out that
Peralta was present
564
00:21:20,045 --> 00:21:22,448
on the night of the murder
and lied to police
565
00:21:22,481 --> 00:21:23,983
in his initial interview.
566
00:21:23,984 --> 00:21:25,984
So in conjunction with
that other evidence,
567
00:21:25,985 --> 00:21:31,323
his priors are fair game
to establish probable cause.
568
00:21:31,357 --> 00:21:33,050
- Hmm.
569
00:21:33,117 --> 00:21:35,077
I'm denying both motions.
570
00:21:35,078 --> 00:21:37,695
Evidence related to the
warrant search is admitted.
571
00:21:37,696 --> 00:21:40,466
The defendant's prior
convictions are not.
572
00:21:40,566 --> 00:21:43,385
? ?
573
00:21:47,992 --> 00:21:49,365
.
574
00:21:49,366 --> 00:21:51,301
- Detective Riley,
you found this case file
575
00:21:51,302 --> 00:21:52,936
while executing
a search warrant
576
00:21:52,937 --> 00:21:54,279
in the defendant's home,
correct?
577
00:21:54,280 --> 00:21:56,781
- Yes, we found that in
a dumpster inside his building.
578
00:21:56,782 --> 00:21:59,785
- Please explain for the court
the contents of this file.
579
00:21:59,819 --> 00:22:02,888
- It's an assessment
by Fire Marshal Julian Jenca
580
00:22:02,922 --> 00:22:05,692
that a diamond necklace had
been stolen from the scene
581
00:22:05,749 --> 00:22:07,960
of a fire at a jewelry store.
582
00:22:07,961 --> 00:22:10,562
Captain Braddock had that on
him at the time of the murder.
583
00:22:10,563 --> 00:22:13,231
- Detective Riley, when did you
first speak to the defendant?
584
00:22:13,232 --> 00:22:14,567
- At the scene.
585
00:22:14,568 --> 00:22:15,934
He's the one who
found Braddock's body.
586
00:22:15,935 --> 00:22:17,469
- What did he say?
587
00:22:17,570 --> 00:22:20,598
- He said that he found Captain
Braddock dead and called 911.
588
00:22:20,599 --> 00:22:22,874
- Didn't say anything about
killing Captain Braddock
589
00:22:22,875 --> 00:22:24,343
in self-defense?
590
00:22:24,410 --> 00:22:26,278
- No, he did not.
591
00:22:26,378 --> 00:22:28,068
He did say that
Captain Braddock
592
00:22:28,080 --> 00:22:31,417
had saved his life earlier that
night at the scene of a fire.
593
00:22:31,483 --> 00:22:34,311
- Thank you.
Nothing further.
594
00:22:34,312 --> 00:22:35,587
- Detective,
you testified that
595
00:22:35,588 --> 00:22:37,590
you searched
Mr. Peralta's home.
596
00:22:37,591 --> 00:22:39,591
Did you find the stolen
necklace in question?
597
00:22:39,592 --> 00:22:40,793
- No.
598
00:22:40,794 --> 00:22:42,460
- And I assume that you
explored the possibility
599
00:22:42,461 --> 00:22:44,830
that he had already sold it.
600
00:22:44,864 --> 00:22:46,999
Did you find any
irregular cash deposits
601
00:22:47,032 --> 00:22:48,659
made to his bank account
602
00:22:48,692 --> 00:22:52,004
or cash in his mattress
or the ceiling?
603
00:22:52,104 --> 00:22:53,439
- No.
604
00:22:53,440 --> 00:22:55,974
- And yet, the prosecution
is claiming that Mr. Peralta
605
00:22:55,975 --> 00:22:57,942
committed this murder
to cover up his theft,
606
00:22:57,943 --> 00:23:00,646
even though there is
absolutely no evidence
607
00:23:00,679 --> 00:23:02,640
that he, in fact,
stole the necklace.
608
00:23:02,641 --> 00:23:03,873
- Just because
we didn't find it
609
00:23:03,874 --> 00:23:05,818
doesn't mean he didn't take it.
- True.
610
00:23:05,819 --> 00:23:07,785
But here's the thing
that's so disturbing here.
611
00:23:07,786 --> 00:23:09,520
You never bothered
to investigate
612
00:23:09,521 --> 00:23:11,815
my client's version of events.
613
00:23:11,816 --> 00:23:13,449
You never searched
Captain Braddock's home.
614
00:23:13,450 --> 00:23:14,826
- To be clear,
we didn't even hear
615
00:23:14,827 --> 00:23:16,494
your client's version
of events until after
616
00:23:16,495 --> 00:23:18,163
he was charged with murder.
617
00:23:18,230 --> 00:23:20,057
And we did look into it.
618
00:23:20,058 --> 00:23:22,500
We found no evidence whatsoever
pointing to Braddock.
619
00:23:22,501 --> 00:23:23,893
- Well, you never
searched his home.
620
00:23:23,894 --> 00:23:25,003
- Didn't have a cause to.
621
00:23:25,004 --> 00:23:28,540
- Nothing further.
622
00:23:28,541 --> 00:23:30,233
- You visited Captain Braddock
on the night
623
00:23:30,234 --> 00:23:31,434
of the murder, correct?
624
00:23:31,477 --> 00:23:33,746
- Yes, I was investigating
a taxpayer fire
625
00:23:33,846 --> 00:23:37,316
at Powell Brothers Jewelry
near 47th and 5th.
626
00:23:37,317 --> 00:23:40,018
Was knocked down by Braddock
and the defendant's station.
627
00:23:40,019 --> 00:23:43,555
I found some troubling evidence
that I needed to discuss
628
00:23:43,589 --> 00:23:45,049
with Captain Braddock.
629
00:23:45,082 --> 00:23:47,026
- What evidence was that?
630
00:23:47,126 --> 00:23:49,795
- Some missing merchandise,
most notably
631
00:23:49,796 --> 00:23:51,929
a very expensive necklace
that was comprised
632
00:23:51,930 --> 00:23:53,899
of gold and diamonds.
633
00:23:53,900 --> 00:23:56,134
Basic structure fire
can vaporize a diamond
634
00:23:56,135 --> 00:23:58,870
and melt gold, but where they
kept this particular necklace
635
00:23:58,871 --> 00:24:00,539
was outside of the hotspot.
636
00:24:00,540 --> 00:24:02,073
- So someone must
have taken it.
637
00:24:02,074 --> 00:24:03,509
- Not just someone.
638
00:24:03,510 --> 00:24:06,044
Based on everything, only time
it could have gone missing
639
00:24:06,045 --> 00:24:08,746
was when Braddock's company
had the place locked down.
640
00:24:08,747 --> 00:24:10,381
- So that's why you met
with Captain Braddock
641
00:24:10,382 --> 00:24:11,951
on the night of the murder?
642
00:24:12,051 --> 00:24:15,679
- Yeah, this kind of thing
could stain the department.
643
00:24:15,746 --> 00:24:17,289
Braddock was a friend.
644
00:24:17,290 --> 00:24:18,948
Figured we could put our heads
together and get ahead
645
00:24:18,949 --> 00:24:21,694
of this thing, convince
the thief to come forward,
646
00:24:21,727 --> 00:24:24,496
minimize punishment,
protect the department.
647
00:24:24,530 --> 00:24:26,065
Everybody wins.
648
00:24:26,131 --> 00:24:29,201
- When you spoke that night,
what did Captain Braddock say?
649
00:24:29,234 --> 00:24:30,903
- He said I was full of it.
650
00:24:30,936 --> 00:24:33,405
Didn't believe any of
his guys would dishonor
651
00:24:33,505 --> 00:24:35,441
the department like that.
652
00:24:35,474 --> 00:24:37,943
Only came around when
I showed him the evidence.
653
00:24:37,976 --> 00:24:39,545
- Then what happened?
654
00:24:39,578 --> 00:24:42,448
- He said he'd look into it.
655
00:24:42,481 --> 00:24:44,450
And I left.
656
00:24:44,550 --> 00:24:47,453
- Thank you, Marshal Jenca.
Nothing further.
657
00:24:47,454 --> 00:24:49,354
- When Captain Braddock
said that he would
658
00:24:49,355 --> 00:24:51,924
look into the theft, he never
mentioned my client
659
00:24:52,024 --> 00:24:53,492
by name, did he?
- No.
660
00:24:53,559 --> 00:24:55,728
- And as far as you know,
the thief
661
00:24:55,729 --> 00:24:57,228
could have been any
one of the firefighters
662
00:24:57,229 --> 00:24:59,398
that tended to
the fire that day,
663
00:24:59,431 --> 00:25:01,667
including Captain Braddock.
664
00:25:01,668 --> 00:25:05,203
- Yes, I suppose,
but there's no way Braddock-
665
00:25:05,204 --> 00:25:07,239
- You're an investigator,
Marshal.
666
00:25:07,306 --> 00:25:09,608
You follow evidence.
I'll ask again.
667
00:25:09,609 --> 00:25:12,335
Based on the evidence that
you collected, is it possible
668
00:25:12,336 --> 00:25:16,148
that Braddock could have
stolen the necklace himself?
669
00:25:16,181 --> 00:25:18,584
- Yes, it's possible.
670
00:25:18,684 --> 00:25:19,952
- Thank you.
671
00:25:20,052 --> 00:25:21,945
Nothing further.
672
00:25:22,012 --> 00:25:24,014
- Redirect, Your Honor.
673
00:25:24,114 --> 00:25:27,593
Marshal Jenca,
can you tell us how long
674
00:25:27,659 --> 00:25:29,828
Captain Braddock served
in the FDNY?
675
00:25:29,862 --> 00:25:31,088
- 27 years.
676
00:25:31,155 --> 00:25:33,499
- And in all that time,
was there ever
677
00:25:33,599 --> 00:25:37,036
so much as a hint
of impropriety?
678
00:25:37,102 --> 00:25:38,152
- No.
679
00:25:38,153 --> 00:25:39,771
- As part of your
investigation,
680
00:25:39,772 --> 00:25:41,172
did you review the personnel
files of the men
681
00:25:41,173 --> 00:25:42,940
in Captain Braddock's
fire station?
682
00:25:42,941 --> 00:25:44,476
- Yes, of course.
683
00:25:44,543 --> 00:25:47,679
- How long had the defendant
worked in the FDNY?
684
00:25:47,713 --> 00:25:49,615
- Six months.
- Six months.
685
00:25:49,715 --> 00:25:52,176
And in these six months,
686
00:25:52,209 --> 00:25:54,820
a $500,000 necklace
just so happens to disappear-
687
00:25:54,887 --> 00:25:56,355
- Objection, Your Honor.
688
00:25:56,388 --> 00:25:57,556
- Withdrawn.
689
00:25:57,557 --> 00:25:58,790
Nothing further, Your Honor.
690
00:25:58,791 --> 00:26:00,793
[tense music]
691
00:26:00,826 --> 00:26:02,644
Prosecution rests.
692
00:26:04,830 --> 00:26:07,124
- Mr. Price?
I'm sorry to bother you,
693
00:26:07,191 --> 00:26:09,359
but there's something
you need to know.
694
00:26:09,393 --> 00:26:11,195
I'm pregnant.
695
00:26:11,228 --> 00:26:13,639
- I-I can only imagine
696
00:26:13,640 --> 00:26:16,007
that must make all of this
even more difficult.
697
00:26:16,008 --> 00:26:17,367
- No, you don't understand.
698
00:26:17,401 --> 00:26:19,403
We have a son, Anthony.
699
00:26:19,503 --> 00:26:21,380
Diego wasn't around
when he was born.
700
00:26:21,413 --> 00:26:24,016
He was in prison. It broke him.
701
00:26:24,017 --> 00:26:26,150
So he turned himself around.
He tried to do good.
702
00:26:26,151 --> 00:26:28,578
He wanted to be a role model
for Anthony and others.
703
00:26:28,579 --> 00:26:30,746
That's why he became
a fireman in the first place.
704
00:26:30,747 --> 00:26:32,690
- I'm sorry, miss.
We really shouldn't be talking.
705
00:26:32,691 --> 00:26:35,194
- Diego knew I was pregnant.
706
00:26:35,195 --> 00:26:38,162
He wouldn't have done anything
to risk going back to prison
707
00:26:38,163 --> 00:26:40,891
and missing the birth
of his second child.
708
00:26:40,924 --> 00:26:45,871
There's no way he did
what you're accusing him of.
709
00:26:45,971 --> 00:26:48,073
He did his time.
710
00:26:48,173 --> 00:26:50,909
He paid his debt.
711
00:26:51,009 --> 00:26:52,578
Why won't you believe him?
712
00:26:52,678 --> 00:26:55,347
[somber music]
713
00:26:55,380 --> 00:27:01,153
? ?
714
00:27:01,220 --> 00:27:03,355
- [sighs]
715
00:27:03,388 --> 00:27:05,057
- My heart goes out to her.
716
00:27:05,090 --> 00:27:08,293
Two months ago,
she had this beautiful family,
717
00:27:08,360 --> 00:27:10,429
beautiful life.
718
00:27:10,529 --> 00:27:12,097
Now it's on fire.
719
00:27:12,130 --> 00:27:14,199
Sorry, pun not intended.
720
00:27:14,233 --> 00:27:18,837
- Look, I get it, but she
took a flier on the wrong guy.
721
00:27:18,871 --> 00:27:21,031
- Meaning what?
722
00:27:21,098 --> 00:27:23,642
- You wanna build
a nice, happy family,
723
00:27:23,742 --> 00:27:26,979
don't marry a guy
who likes to commit crimes.
724
00:27:29,414 --> 00:27:32,084
- Clint and I were friends
for over 25 years,
725
00:27:32,150 --> 00:27:34,419
so I have no interest
in helping you.
726
00:27:34,420 --> 00:27:36,979
- Your Honor, permission to
treat the witness as hostile.
727
00:27:36,980 --> 00:27:38,415
- So granted.
728
00:27:38,482 --> 00:27:41,727
- Mr. Delvecchio, on the
afternoon of February 27th,
729
00:27:41,728 --> 00:27:43,728
you had an altercation with
Clint Braddock, didn't you?
730
00:27:43,729 --> 00:27:45,697
- Objection, Your Honor.
Relevance.
731
00:27:45,698 --> 00:27:47,431
- It speaks to
the reasonableness
732
00:27:47,432 --> 00:27:49,233
of my client's
self-defense claim.
733
00:27:49,234 --> 00:27:51,002
We're establishing
he wasn't the only person
734
00:27:51,003 --> 00:27:52,404
Clint Braddock attacked.
735
00:27:52,405 --> 00:27:54,272
- You wanna imply that
the victim in this case
736
00:27:54,273 --> 00:27:56,307
is the one with
the propensity for violence.
737
00:27:56,308 --> 00:27:57,910
- Tread carefully, Mr. Price.
738
00:27:57,911 --> 00:27:59,644
- Your Honor,
the incident in question
739
00:27:59,645 --> 00:28:01,971
happened mere days before
Mr. Braddock's death.
740
00:28:01,972 --> 00:28:04,348
It speaks to his state of mind
at the time of the incident.
741
00:28:04,349 --> 00:28:05,751
- Objection overruled.
742
00:28:05,752 --> 00:28:07,385
Answer the question,
Mr. Delvecchio.
743
00:28:07,386 --> 00:28:10,814
- We got into a fight, yeah.
But he didn't attack me.
744
00:28:10,847 --> 00:28:13,692
- No?
What would you call this?
745
00:28:17,996 --> 00:28:19,923
- Wasn't as bad as it looked.
746
00:28:19,924 --> 00:28:21,465
- I understand why
you'd wanna protect
747
00:28:21,466 --> 00:28:23,235
your friend, Mr. Delvecchio,
748
00:28:23,268 --> 00:28:25,671
but the fact is,
he assaulted you, didn't he?
749
00:28:25,704 --> 00:28:27,973
- Yes.
- And two days later,
750
00:28:28,006 --> 00:28:30,167
he did the same thing
to my client,
751
00:28:30,200 --> 00:28:33,011
someone he didn't have
25 years of friendship with
752
00:28:33,111 --> 00:28:35,505
to hold him back.
753
00:28:35,539 --> 00:28:37,649
Nothing further.
754
00:28:37,650 --> 00:28:39,317
- Mr. Delvecchio,
we saw in the video
755
00:28:39,318 --> 00:28:40,785
that Captain Braddock
punched you.
756
00:28:40,786 --> 00:28:42,487
Did he hit you again
after that?
757
00:28:42,554 --> 00:28:43,981
- No, just the one time.
758
00:28:43,982 --> 00:28:46,457
- Outside of this incident,
did you ever know him
759
00:28:46,458 --> 00:28:49,428
to be violent towards
you or anybody else?
760
00:28:49,461 --> 00:28:50,896
- No.
761
00:28:53,498 --> 00:28:57,069
- What were you two
arguing about that day?
762
00:28:59,671 --> 00:29:04,209
- I, um, I stole money from the
World Trade Center Health Fund,
763
00:29:04,242 --> 00:29:05,877
and Clint knew about it.
764
00:29:05,978 --> 00:29:09,748
[solemn music]
765
00:29:09,815 --> 00:29:12,417
Truth is, I deserve worse.
766
00:29:12,517 --> 00:29:18,190
? ?
767
00:29:18,223 --> 00:29:20,217
- Nothing further, Your Honor.
768
00:29:20,250 --> 00:29:21,918
- The witness is excused.
769
00:29:22,019 --> 00:29:25,030
Ms. Matos.
770
00:29:25,063 --> 00:29:27,766
Ms. Matos.
771
00:29:27,866 --> 00:29:30,969
- The defense calls
Diego Peralta.
772
00:29:31,036 --> 00:29:36,566
? ?
773
00:29:41,090 --> 00:29:42,346
.
774
00:29:42,347 --> 00:29:43,448
- I was sleeping.
775
00:29:43,548 --> 00:29:45,901
Captain Braddock woke me up.
776
00:29:45,934 --> 00:29:50,422
He brought me downstairs, asked
about the jewelry store fire.
777
00:29:50,455 --> 00:29:53,625
Wanted to know what
I remembered about overhaul.
778
00:29:53,759 --> 00:29:55,077
- What did you say?
779
00:29:55,110 --> 00:29:57,863
- Braddock and me were
the last two inside.
780
00:29:57,929 --> 00:30:00,424
We swept the northeast corner
of the building
781
00:30:00,457 --> 00:30:02,751
and were on our way out
782
00:30:02,784 --> 00:30:05,937
when he said he left his
thermal imaging camera behind.
783
00:30:05,971 --> 00:30:09,574
Told me to wait
while he doubled back.
784
00:30:09,675 --> 00:30:13,478
Was only gone a minute,
and then we left.
785
00:30:13,578 --> 00:30:16,106
- And how did
Mr. Braddock react?
786
00:30:16,139 --> 00:30:18,275
- Told me
I was misremembering,
787
00:30:18,308 --> 00:30:21,586
that he didn't leave
the thermal camera,
788
00:30:21,687 --> 00:30:24,289
and that we were together
the whole time.
789
00:30:24,323 --> 00:30:27,626
And he said that people were
going to be asking questions,
790
00:30:27,726 --> 00:30:31,730
and we needed to have
our story straight.
791
00:30:31,797 --> 00:30:34,783
That's when I realized
what was really going on.
792
00:30:34,816 --> 00:30:36,468
- Which was what?
793
00:30:36,601 --> 00:30:39,963
- He wanted me to
give him an alibi.
794
00:30:39,996 --> 00:30:42,274
But I couldn't do that.
795
00:30:42,307 --> 00:30:45,177
I liked the captain,
796
00:30:45,277 --> 00:30:49,297
but I couldn't risk
losing everything I have,
797
00:30:49,331 --> 00:30:51,750
not for anyone.
798
00:30:51,783 --> 00:30:53,810
- How did Braddock respond?
799
00:30:53,844 --> 00:30:57,147
- He got mad.
800
00:30:57,180 --> 00:31:01,393
Reminded me he saved my life,
which is true, but-
801
00:31:01,394 --> 00:31:03,227
- To be clear,
did Braddock confess
802
00:31:03,228 --> 00:31:05,163
to stealing the necklace?
803
00:31:05,197 --> 00:31:08,984
- Not at first, but then
804
00:31:08,985 --> 00:31:11,127
he told me he got MS
from breathing in debris
805
00:31:11,128 --> 00:31:13,330
at Ground Zero,
but the Health Fund
806
00:31:13,363 --> 00:31:16,007
wouldn't cover the cost
of his treatment.
807
00:31:16,041 --> 00:31:19,169
Said it wasn't fair
and that insurance
808
00:31:19,202 --> 00:31:21,371
had reimbursed
the store anyway,
809
00:31:21,505 --> 00:31:24,015
that it was a victimless crime.
810
00:31:24,116 --> 00:31:26,843
I guess he felt like
he was owed something.
811
00:31:26,877 --> 00:31:28,503
- But you didn't budge?
812
00:31:28,537 --> 00:31:29,855
- No.
813
00:31:29,988 --> 00:31:34,518
Then he started waving
this file in my face.
814
00:31:34,551 --> 00:31:36,241
He said he could
make it look like
815
00:31:36,294 --> 00:31:39,197
it was me who took
the necklace.
816
00:31:39,331 --> 00:31:42,200
It would be his word
against mine.
817
00:31:42,267 --> 00:31:45,570
[crying]
I didn't know what to do,
818
00:31:45,670 --> 00:31:48,899
so I tried to leave
and go upstairs.
819
00:31:49,032 --> 00:31:51,176
But Braddock grabbed me,
820
00:31:51,276 --> 00:31:53,570
and we started shoving.
821
00:31:53,670 --> 00:31:57,282
And then he grabbed
the Halligan, and-and I-
822
00:31:57,349 --> 00:32:00,385
? ?
823
00:32:00,485 --> 00:32:03,855
I wrestled it away, and...
824
00:32:03,955 --> 00:32:08,126
then he came at me again.
825
00:32:08,193 --> 00:32:10,178
[sighs]
826
00:32:12,414 --> 00:32:14,382
- That's when you hit him.
827
00:32:14,416 --> 00:32:16,935
- Yes.
828
00:32:17,035 --> 00:32:21,064
I wish I could take it back.
829
00:32:21,097 --> 00:32:23,108
And I'm sorry.
830
00:32:23,208 --> 00:32:25,902
[sighs]
831
00:32:25,936 --> 00:32:29,239
But he gave me no choice.
832
00:32:29,272 --> 00:32:33,919
I thought he was
going to kill me.
833
00:32:33,985 --> 00:32:36,788
- So why not just say that
to the police?
834
00:32:36,888 --> 00:32:41,159
- I panicked.
I knew he was right.
835
00:32:41,226 --> 00:32:44,162
No one would believe
the truth coming from me.
836
00:32:44,229 --> 00:32:48,291
So I grabbed the file
and I stashed it with my stuff.
837
00:32:48,425 --> 00:32:51,503
And then I opened the back door
838
00:32:51,570 --> 00:32:54,272
to make it look like
someone ran out,
839
00:32:54,372 --> 00:32:58,076
and I called 911.
840
00:32:58,176 --> 00:33:02,614
I know lying was wrong,
841
00:33:02,714 --> 00:33:04,399
but I was scared.
842
00:33:06,076 --> 00:33:08,486
And I thought I had no choice.
843
00:33:12,490 --> 00:33:14,993
- Thank you.
844
00:33:15,093 --> 00:33:17,329
Nothing further, Your Honor.
845
00:33:20,098 --> 00:33:22,734
- Court will stand in recess
until tomorrow.
846
00:33:22,767 --> 00:33:25,203
We'll reconvene at 9:00 a.m.
847
00:33:25,270 --> 00:33:28,106
- He was convincing,
especially when he said
848
00:33:28,139 --> 00:33:30,942
no one would believe
the truth coming from him.
849
00:33:30,976 --> 00:33:32,811
- Well, now we get to ask why.
850
00:33:32,944 --> 00:33:36,448
- He opened the door, and
now we get to walk through it.
851
00:33:36,514 --> 00:33:39,885
- Thank you.
852
00:33:39,951 --> 00:33:42,145
Peralta was right.
853
00:33:42,178 --> 00:33:45,323
I just spoke with
Braddock's neurologist.
854
00:33:45,357 --> 00:33:46,992
A few months before the murder,
855
00:33:47,125 --> 00:33:50,462
he was diagnosed with
early-stage multiple sclerosis.
856
00:33:50,495 --> 00:33:52,664
- Really?
- Yeah.
857
00:33:52,731 --> 00:33:55,200
In his estimation,
it was environmental,
858
00:33:55,300 --> 00:33:57,661
a result of Braddock's work
at Ground Zero.
859
00:33:57,694 --> 00:34:00,438
But since the science
isn't there to prove it yet,
860
00:34:00,505 --> 00:34:02,375
the health fund
denied him benefits.
861
00:34:02,407 --> 00:34:05,677
- And yet no one else
in Braddock's life
862
00:34:05,710 --> 00:34:08,513
knew about this-
his wife, his friends?
863
00:34:08,613 --> 00:34:10,674
- He must have chosen
to keep it a secret.
864
00:34:10,707 --> 00:34:12,517
- [sighs]
And so he kept it from
865
00:34:12,617 --> 00:34:18,023
everyone in his life
but Peralta?
866
00:34:18,089 --> 00:34:20,859
Which means-
867
00:34:20,860 --> 00:34:23,852
that means there's some merit
to Peralta's version of events
868
00:34:23,853 --> 00:34:26,398
the night of the murder.
869
00:34:26,498 --> 00:34:29,351
- Yeah, I suppose.
870
00:34:29,384 --> 00:34:31,895
But he could have
found out before.
871
00:34:31,995 --> 00:34:35,398
Or he could have overheard
a conversation with a doctor,
872
00:34:35,532 --> 00:34:37,867
might even seen a medical bill.
873
00:34:42,514 --> 00:34:45,408
You good?
874
00:34:45,508 --> 00:34:48,753
- Yeah, fine.
I'll see you tomorrow.
875
00:34:58,083 --> 00:35:02,466
- I didn't know you had
a bottle stashed in here.
876
00:35:02,467 --> 00:35:05,117
- [chuckles] It literally
just came with the office.
877
00:35:08,089 --> 00:35:09,691
- Something bothering you?
878
00:35:11,376 --> 00:35:13,903
- [sighs]
879
00:35:13,937 --> 00:35:17,549
The idea that Braddock
stole the necklace
880
00:35:17,649 --> 00:35:21,903
has never made any sense.
881
00:35:21,936 --> 00:35:25,624
But now we know he was staring
down a mountain of medical debt
882
00:35:25,724 --> 00:35:28,093
as a result of his service.
883
00:35:28,193 --> 00:35:30,745
- Doesn't mean
he committed grand larceny.
884
00:35:30,779 --> 00:35:32,797
- No.
885
00:35:32,897 --> 00:35:37,135
But earlier today,
886
00:35:37,136 --> 00:35:39,803
Peralta's wife asked me why
I didn't believe his story.
887
00:35:39,804 --> 00:35:43,074
And if I'm being honest,
888
00:35:43,108 --> 00:35:46,745
it's because I knew about
his prior convictions.
889
00:35:46,778 --> 00:35:49,280
- He also lied to the police.
890
00:35:49,314 --> 00:35:51,783
- Yeah, it's a thing
a person might do,
891
00:35:51,850 --> 00:35:54,285
knowing how we tend
to treat ex-felons.
892
00:35:54,352 --> 00:35:56,938
- That's true.
893
00:35:56,971 --> 00:35:59,290
But we both know
the best predictor
894
00:35:59,424 --> 00:36:01,459
of future behavior
is past behavior.
895
00:36:01,559 --> 00:36:04,654
- And other than
the two felonies years ago,
896
00:36:04,788 --> 00:36:08,133
he's been a solid citizen,
he was a model inmate, parolee.
897
00:36:08,199 --> 00:36:09,567
He mentored at-risk kids.
898
00:36:09,601 --> 00:36:12,162
He was making the most
of his second chance.
899
00:36:12,295 --> 00:36:14,839
That's past behavior.
900
00:36:14,939 --> 00:36:17,967
That's recent past behavior,
901
00:36:18,001 --> 00:36:21,312
which is more predictive
than distant past behavior.
902
00:36:21,379 --> 00:36:26,484
And I didn't take any of that
into consideration.
903
00:36:26,584 --> 00:36:29,921
- You think Peralta
is telling the truth.
904
00:36:29,988 --> 00:36:32,123
- Not sure.
How can we know for sure?
905
00:36:32,190 --> 00:36:34,993
- You can't.
We weren't there.
906
00:36:34,994 --> 00:36:36,860
All we can do
is present the evidence
907
00:36:36,861 --> 00:36:38,813
and let the jury decide.
- Right.
908
00:36:38,814 --> 00:36:40,464
We present
the prior convictions.
909
00:36:40,465 --> 00:36:42,299
We paint him out to be
an inveterate criminal
910
00:36:42,300 --> 00:36:44,350
and let the jury nail his ass
to the cross.
911
00:36:44,351 --> 00:36:46,003
- Look, this job would
be easy if we knew
912
00:36:46,004 --> 00:36:48,531
what really happened,
but we don't.
913
00:36:48,631 --> 00:36:50,533
We usually never do.
914
00:36:50,667 --> 00:36:53,203
So we follow the law.
915
00:36:53,303 --> 00:36:56,848
We play every card we have,
just like the defense does.
916
00:36:56,849 --> 00:36:58,982
And we let the 12 people who
don't have a horse in the race
917
00:36:58,983 --> 00:37:00,385
make the decision.
918
00:37:00,485 --> 00:37:03,171
- Yeah, I get it.
Trust me.
919
00:37:03,204 --> 00:37:06,624
But...
920
00:37:06,691 --> 00:37:10,345
if every sentence
is a life sentence,
921
00:37:10,378 --> 00:37:13,348
what's the point
of rehabilitation?
922
00:37:13,381 --> 00:37:16,468
[solemn music]
923
00:37:16,501 --> 00:37:19,037
- Okay.
924
00:37:19,137 --> 00:37:22,240
If you feel this strongly,
dismiss the case.
925
00:37:25,343 --> 00:37:27,345
- I can't do that.
It's like I said.
926
00:37:27,412 --> 00:37:31,216
I just-I don't know.
927
00:37:31,316 --> 00:37:35,453
- Then you have to do
what you have to do.
928
00:37:35,520 --> 00:37:42,519
? ?
929
00:37:42,585 --> 00:37:45,497
- [sighs deeply]
930
00:37:45,530 --> 00:37:52,103
? ?
931
00:38:04,883 --> 00:38:09,571
Mr. Peralta, you testified
that you lied to the police
932
00:38:09,604 --> 00:38:13,525
because you knew that no one
would believe your story.
933
00:38:13,591 --> 00:38:15,743
Why wouldn't they believe you?
934
00:38:15,777 --> 00:38:17,228
- I don't know.
935
00:38:17,328 --> 00:38:19,498
- Is it because you have
a prior conviction
936
00:38:19,499 --> 00:38:21,131
for aggravated assault?
- Objection.
937
00:38:21,132 --> 00:38:23,091
- I'm responding to direct
testimony, Your Honor.
938
00:38:23,092 --> 00:38:24,769
- Objection overruled.
939
00:38:24,803 --> 00:38:28,306
- Or was it because of your
prior conviction for burglary?
940
00:38:33,912 --> 00:38:38,274
- Yes.
I've served time in prison.
941
00:38:40,643 --> 00:38:43,488
I've done things in my past
that I'm not proud of.
942
00:38:43,621 --> 00:38:47,609
And I take full responsibility
for my actions.
943
00:38:47,642 --> 00:38:51,779
I paid my debt to society.
944
00:38:51,813 --> 00:38:53,965
But once you've done time,
945
00:38:54,098 --> 00:38:56,626
there's no such thing
as benefit of the doubt.
946
00:39:00,798 --> 00:39:04,132
- Ladies and gentlemen
of the jury,
947
00:39:04,133 --> 00:39:06,836
these are photographs
of Mateo Ortiz.
948
00:39:06,970 --> 00:39:11,182
These were taken shortly after
the defendant assaulted him
949
00:39:11,316 --> 00:39:13,284
for signaling a police officer
950
00:39:13,318 --> 00:39:15,308
when he caught
Mr. Peralta shoplifting.
951
00:39:15,345 --> 00:39:17,388
- It was a long time ago.
952
00:39:17,455 --> 00:39:22,126
I was 15, an angry kid
in a bad neighborhood.
953
00:39:22,160 --> 00:39:23,995
I got mixed up with
the wrong people.
954
00:39:24,062 --> 00:39:26,698
- You were 24 when you
were convicted of burglary.
955
00:39:26,699 --> 00:39:28,398
And you did it again,
didn't you?
956
00:39:28,399 --> 00:39:30,034
But your captain
figured it out.
957
00:39:30,134 --> 00:39:31,527
He confronted you.
- No.
958
00:39:31,528 --> 00:39:33,871
- Mr. Peralta, isn't it true
that you lied to the police
959
00:39:33,872 --> 00:39:36,341
because you are the one
who stole the necklace?
960
00:39:36,342 --> 00:39:38,166
Then you murdered
Captain Braddock
961
00:39:38,167 --> 00:39:40,511
to keep him from reporting you.
962
00:39:40,645 --> 00:39:46,417
That the same man
who did this to Mateo Ortiz
963
00:39:46,484 --> 00:39:50,471
did this to Clint Braddock.
964
00:39:55,493 --> 00:39:58,396
Nothing to say, Mr. Peralta?
965
00:39:58,529 --> 00:40:00,365
- [softly]
What's the point?
966
00:40:00,366 --> 00:40:01,899
- Your Honor,
please instruct Mr. Peralta
967
00:40:01,900 --> 00:40:04,235
to address the court.
968
00:40:04,335 --> 00:40:07,855
- I said, what's the point?
969
00:40:07,856 --> 00:40:09,473
I've already told you
the truth,
970
00:40:09,474 --> 00:40:12,869
and you've already decided
that you don't believe me.
971
00:40:12,902 --> 00:40:15,914
[grim music]
972
00:40:16,014 --> 00:40:17,982
? ?
973
00:40:18,016 --> 00:40:20,718
- Nothing further.
974
00:40:20,852 --> 00:40:27,884
? ?
975
00:40:33,581 --> 00:40:37,068
- Madam Foreperson,
has the jury reached a verdict?
976
00:40:37,101 --> 00:40:38,503
- We have, Your Honor.
977
00:40:38,569 --> 00:40:41,506
In the charge of murder
in the second degree,
978
00:40:41,539 --> 00:40:46,769
we find the defendant,
Diego Peralta, guilty.
979
00:40:46,869 --> 00:40:49,397
- [crying]
980
00:40:49,430 --> 00:40:51,000
- I didn't do this, Ruby.
- I know.
981
00:40:51,001 --> 00:40:52,265
- I need you to know that.
- I know, mi amor.
982
00:40:52,266 --> 00:40:53,350
- I need you to know that.
983
00:40:53,351 --> 00:40:54,618
And Anthony,
you be strong, okay?
984
00:40:54,619 --> 00:40:55,945
I love you.
985
00:40:55,946 --> 00:40:57,946
I love you more than anything.
You make sure he knows that.
986
00:40:57,947 --> 00:40:59,189
You make sure he knows
that I'm innocent.
987
00:40:59,190 --> 00:41:00,390
- I promise.
- Tell him, please.
988
00:41:00,391 --> 00:41:01,617
- I promise.
- Tell her.
989
00:41:01,751 --> 00:41:02,827
And you tell our baby.
990
00:41:02,894 --> 00:41:05,430
- I will.
- You tell her.
991
00:41:05,530 --> 00:41:07,415
- [sobs]
992
00:41:07,448 --> 00:41:10,335
[somber music]
993
00:41:10,401 --> 00:41:17,475
? ?
994
00:41:25,633 --> 00:41:28,519
[dramatic music]
995
00:41:28,586 --> 00:41:35,660
? ?
996
00:41:55,680 --> 00:41:58,766
[wolf howls]
997
00:41:58,816 --> 00:42:03,366
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