1 00:00:04,355 --> 00:00:05,688 . 2 00:00:05,689 --> 00:00:07,273 - In the criminal justice system, 3 00:00:07,274 --> 00:00:08,654 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, 6 00:00:13,005 --> 00:00:15,840 and the district attorneys, who prosecute the offenders. 7 00:00:15,841 --> 00:00:18,285 These are their stories. 8 00:00:18,385 --> 00:00:21,580 [sirens wailing] 9 00:00:21,647 --> 00:00:24,791 - [sobbing] Help! Help! 10 00:00:24,825 --> 00:00:27,419 Help, someone, please. We're trapped. 11 00:00:27,519 --> 00:00:30,322 [baby wailing] 12 00:00:30,323 --> 00:00:31,330 Shh. 13 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 00:00:54,488 --> 00:00:57,349 - I need you to stand back. 24 00:01:00,619 --> 00:01:01,962 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 00:01:07,217 --> 00:01:11,104 One's coming out! 29 00:01:11,105 --> 00:01:12,138 [knocking on door] 30 00:01:12,139 --> 00:01:13,865 Anybody in there? 31 00:01:15,375 --> 00:01:17,210 [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 00:01:22,049 --> 00:01:24,651 - [groans] 35 00:01:24,718 --> 00:01:26,753 [groaning] 36 00:01:26,754 --> 00:01:29,246 - It was a backdraft. You've been trained for this. 37 00:01:29,247 --> 00:01:30,524 - Sorry, Cap. 38 00:01:30,624 --> 00:01:33,360 - In this job, there's no second chances. 39 00:01:33,427 --> 00:01:36,388 - Yes, sir. 40 00:01:36,421 --> 00:01:38,031 [camera shutter clicking] 41 00:01:38,098 --> 00:01:39,466 [police radio chatter] 42 00:01:39,533 --> 00:01:42,936 - 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 00:01:56,843 --> 00:01:58,551 Everyone else was upstairs asleep. 52 00:01:58,552 --> 00:02:00,219 - You know how many people were in the house? 53 00:02:00,220 --> 00:02:02,089 - Nine, not including the captain. 54 00:02:02,155 --> 00:02:03,523 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 00:02:09,997 --> 00:02:14,234 - Hey, Vince. This is our guy, Braddock. 60 00:02:14,267 --> 00:02:16,737 He was at Ground Zero on 9/11. 61 00:02:16,803 --> 00:02:19,798 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 00:02:28,707 --> 00:02:35,739 ? ? 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 00:03:15,963 --> 00:03:17,430 It was an apartment building. 68 00:03:17,431 --> 00:03:18,799 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 00:03:27,274 --> 00:03:29,804 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 00:03:32,838 --> 00:03:34,648 He said he had some work to do. 76 00:03:34,714 --> 00:03:36,108 - What time was that? 77 00:03:36,174 --> 00:03:40,112 - Around 10:30, maybe. 78 00:03:40,178 --> 00:03:41,488 But I couldn't sleep. 79 00:03:41,521 --> 00:03:44,516 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 108 00:04:47,754 --> 00:04:49,915 of the station shows Braddock 109 00:04:49,948 --> 00:04:52,242 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 00:04:56,329 --> 00:04:58,264 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 Repair and Synchronization by Easy Subtitles Synchronizer 1.0.0.0