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[crying]
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[people chattering]
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[Golda Rincon] My sister was killed
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on July 5th, 2014.
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We actually were having fun that day
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and we were kind of out at my mom's friend's house
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for a barbecue.
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We were going to the store,
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and that's when everything happened.
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Like, it all changed.
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[boy 1] I like chicken, do you?
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[boy 2 laughing]
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- [boy 2] No. -[both laugh]
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-This is where it happened. -[dog barking]
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Right here.
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The shots came from over there.
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[barking continues]
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[Alexis Rincon] Soon after the murder
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of my daughter Genesis,
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Jhymiere Moore turned himself in,
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surrendered himself.
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Jeffry Ellerbee also surrendered himself
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for being an accomplice there.
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And Marshae Anthony was picked up
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about a month and a half after all of that.
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And he was picked up on gun charges
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that were linked to the murder.
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[Jack DeSalvo] All right, Jah, why don't you tell us
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where you were that night.
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That night, at that crime scene,
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I had to be in the house 'cause
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I stayed in the house that whole day,
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I didn't go outside one bit.
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Okay.
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Well, I wasn't there.
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People are putting you out there.
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And I'm not just saying one person,
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I'm not just saying two people,
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I'm saying a lot of people
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and you know the city, the city's got cameras everywhere.
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We don't have a camera, a city camera,
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there's a house camera, there's a liquor store camera,
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there's a bodega camera. There's cameras everywhere.
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-No I wasn't over there-- -No, listen to me.
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You know what happened.
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A 12-year-old girl
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was accidentally shot
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-and she died because of this. -Yes.
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Again, like I said, we weren't there. We don't know.
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Right now, it's always coming back to you.
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But I wasn't there.
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It can come back to me as much as they have to,
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-but I wasn't there, that's all. -Okay.
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-I promise you, I wasn't there. -And I want you to be honest.
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And that's why I respect what you did tonight.
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-Yes, sir. -You came to us.
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We didn't have to go looking for ya, driving around.
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And that shows us, you know what?
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You want to get in front of this.
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You want to tell us the truth
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and you're telling us your truth.
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-Yes. -Okay, that's important.
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-I'm telling you the truth. -The truth.
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-Not my truth. The truth. -All right.
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There's a difference between my truth and the truth.
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I'm telling you the truth.
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[ethereal theme playing]
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[Janny Calderon] "Detective Rico, Detective Alba,
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"on ceasefire, arrived on scene as well as Detective DeSalvo,
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"Detective Liebson and Detective Seabrooks,
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"and Detective Gilmore.
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"This officer filed a witness, Jordi Perez,
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"and he stated that he went to the bodega,
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"and it was closed, so they were returning back
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"when him and the victims were in front of 35 Rosbrook,
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"he heard loud pops, and he thought it was fireworks.
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And then he saw the victim drop to the floor."
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That's everything?
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[Javier Castellanos] It created so much turmoil,
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when Genesis got shot.
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It was just like this devastating news.
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And not to undermine what happened with Genesis,
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because it's tragic, losing a child has gotta be
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the worst thing, but these stray bullets
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have been going around forever.
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In 2010, they had documented close to 140 different gangs.
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The uniqueness about the gang culture
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in the Paterson area is that you can cross
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from one block to the other,
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and you're in another gang's territory.
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[Shermaine Jones] Everybody hustle
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for different reasons.
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You've got some dude want to hustle for clothes.
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You've got some dudes want to hustle for they house.
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And then you got some dudes who really hustling
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because you go to they household, they need,
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you know, they taking care of they family.
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What's a 12-year-old supposed to do
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to help his mom feed his brothers and sisters?
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There's only one option.
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You go pick up some drugs and sell it.
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This is a baby New York City now,
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and you know what makes that worse,
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because New York is big.
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Paterson, if I'm beefing with some,
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I'm from the fourth and beefing with somebody
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from down the hill, we gonna see each a lot sooner.
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It's like we in a cage.
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When you in a cage tight, there's nowhere to run.
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You got to get him or he gonna get you.
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Point blank, baby.
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[man] ♪ Nigga you ain't know ♪
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♪ From 17 nigga ♪
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♪ Mother fucking glow nigga ♪
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♪ Shit ♪
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♪ Pakistan, Pakistan ♪
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♪ Packing nothing grand ♪
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♪ Not a man, not a man ♪
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♪ Yeah niggas we got it cocked and loaded ♪
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♪ Talking bullshit going half exploded ♪
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♪ Bang at your brain ♪
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♪ Bang at your brain ♪
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♪ I heard these nigga stains ♪
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♪ Heard these niggas play ♪
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♪ These niggas in my lane ♪
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♪ These niggas ain't in my lane, nah ♪
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♪ They ain't been down ♪
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♪ They do not feel my pain, shit ♪
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♪ Now we in the club about to perform, yeah ♪
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[siren blaring]
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[people chattering]
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[man 1] My brothers and sisters,
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we stop on this corner
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because this is one of the places where the blood
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of our youth cries out from the ground.
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Father, we pray for healing on this corner.
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For prosperity on this corner.
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For life on this corner.
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-For hope on this corner. -[man 2] That's right,
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that's right.
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-Hope of a better day. -That's right.
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Of a brighter day.
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Of a more prosperous day.
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In the name of Jesus.
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[Alexis] Before I had Genesis,
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I wasn't a bad kid.
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You know, growing up in the hood is pretty messed up.
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You do things you don't think you would do.
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You know, you steal cars.
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Being on the block, we used to sell crack, you know.
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It wasn't like a career, it was just like,
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you do what you do.
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So then, met Jenny, Genesis' mom,
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then we started dating, and then she came out pregnant.
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That changed me.
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When I held Genesis, that's when it hit me, like,
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holy shit, I'm a father.
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[laughter]
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They're acting like total fools on the bus.
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[vocalizing]
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[Alexis] Did you just press that?
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Oh.
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[indistinct chatter]
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[Alexis] Put this on the side and sit right.
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Here.
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Jesus Christ, y'all act like
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you've never been on a bus before.
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How much do you think this lawyer,
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how much does the lawyer cost?
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A lawyer can't be more than $20,000.
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Twenty, thirty thousand dollars.
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For murder?
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I don't need it for murder, I just need it
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to get my name out of the situation.
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No, no, no, this is a murder charge.
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[Harley Breite] Okay...
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So, you realize
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your whole entire future is at stake here.
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You get that, right? So here's what I'm going to do.
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I'm going to save you from all of this.
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Now, you want to know, Harley, how much is my freedom worth?
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Yeah, I can't put a price on your freedom.
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But here's the deal.
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You want the best, you're here, I'm the best.
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Someone shot a bullet through my house
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and it wasn't very nice.
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This is a Benelli M4 tactical.
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Scope, lights, everything.
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Red dot laser.
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Light with the laser.
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You know, it becomes an issue when you're walking around
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and people recognize you, and gang members
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are upset with you because maybe you lost a trial,
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and their gang member friend blames you.
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This is small for the home.
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[light dramatic theme playing]
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Why did I decide to leave?
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Because I'm scared to be here.
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And because I need my kids to be raised somewhere else.
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Not here, it's too much going on here.
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Scary.
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I want them to be able to play outside...
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...without me having to worry about getting them
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getting hurt or somebody's coming for us, you know?
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So I'd rather just leave and leave everything behind.
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As long as they're good, I'm good.
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I don't want to lose another one.
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Florida is ready for you.
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Or you're ready for Florida.
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-[laughter] -Really.
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-Are you excited? -You're gonna be fine.
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Yeah.
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-Are you? -Yeah.
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Really? Like you're not gonna miss--
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Yeah, I'll gonna miss you guys.
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-Oh, you guys. -Us guys.
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But you're not gonna miss the dump.
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-No. -Not at all.
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It stinks.
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[Alexis] I look at it as
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being a blessing.
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It's a new beginning, it's a new start.
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This, out here, this town is just devastating.
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Everywhere she turns, it's a memory.
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Everywhere she turns, she hears,
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"Okay, there was a shootout here."
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Or something happened here.
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And it's like, no 11-year-old should grow up like that.
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[male bailiff] All rise.
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[Judge] All right, good morning,
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please be seated.
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All right, hearing the matters
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of March state versus March the entity,
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State versus Jhymiere Moore.
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State versus Jeffry Ellerbee, indictment 15030149.
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All right, but here's the thing, you know,
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it's a very important case.
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As I've stated this in the past, to both the defense
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and the prosecutor. We've got to get this case moving.
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What about, any, Mr. Bright?
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Yes, Judge, I would think it only be fair to all parties
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to set this matter down for a trial date.
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My client's been sitting in a jail a year and a half.
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[Judge] Absolutely, absolutely.
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Mr. Barnett Perview, I know you want a trial date
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in this case, but here's what I'm gonna do.
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I'm gonna give this a pre-trial conference plea cut off,
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the first week of February and we will set the trial date
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at that time. Any further?
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No, thank you, Your Honor.
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[Harley] Interestingly enough, as if the state could not delay
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this case further, or put more pressure on my client,
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his bail was $3,000,000, I believe, cash only.
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That's not a bail.
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That's just code for we're gonna keep you here
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as long as it takes for your trial to come.
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[Niechia MacPherson] The streets probably
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got Jhymiere when he was
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probably about 15, 16.
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And that's when we found out that his dad
261
00:11:35,570 --> 00:11:38,573
was gone, like, that's when we got the news
262
00:11:38,615 --> 00:11:41,368
that his dad was arrested and it didn't look good,
263
00:11:41,409 --> 00:11:45,913
and he was possibly gonna be gone for about 30 years,
264
00:11:45,955 --> 00:11:48,791
and Jhymiere just felt like his father
265
00:11:48,833 --> 00:11:50,918
like didn't care about him.
266
00:11:52,629 --> 00:11:54,339
[Benita Gray] Jeffry's a good kid.
267
00:11:54,381 --> 00:11:58,009
His father committed suicide when he was one.
268
00:11:59,427 --> 00:12:00,970
He's always been a great kid.
269
00:12:01,012 --> 00:12:03,764
Always helped with the rest of my kids.
270
00:12:03,806 --> 00:12:06,142
Never got in trouble.
271
00:12:06,184 --> 00:12:09,812
Always went to school, never gave me a hard time.
272
00:12:09,854 --> 00:12:12,482
He was always a really good kid with a good attitude.
273
00:12:12,524 --> 00:12:14,234
-[Harley] A few minutes. -[Judge] Yeah, I think that's--
274
00:12:14,275 --> 00:12:15,569
-[Harley] That's fine. -[Judge] All right then.
275
00:12:15,610 --> 00:12:16,986
[Harley] Very good, thank you.
276
00:12:17,028 --> 00:12:18,572
[Niechia] Jhymiere's state of mind
277
00:12:18,613 --> 00:12:19,906
right now is more or less like he knows that
278
00:12:19,947 --> 00:12:21,658
he's gonna be cleared.
279
00:12:21,700 --> 00:12:24,035
I said to Jhymiere, "I'm with Harley on this."
280
00:12:24,077 --> 00:12:25,744
They're gunning for you.
281
00:12:25,786 --> 00:12:28,206
[Harley] The public was screaming for a scapegoat.
282
00:12:28,248 --> 00:12:31,376
The police needed a scapegoat.
283
00:12:31,418 --> 00:12:33,587
So why not choose Jhymiere Moore,
284
00:12:33,628 --> 00:12:38,299
a 19-year-old black kid with a criminal record?
285
00:12:38,341 --> 00:12:40,594
Who better to pin this on than him?
286
00:12:43,597 --> 00:12:45,890
[Jacques Jones] They didn't look into
287
00:12:43,597 --> 00:12:45,890
this investigation properly.
288
00:12:45,932 --> 00:12:47,601
They just went off word of mouth.
289
00:12:47,642 --> 00:12:49,936
In their eyes, he guilty.
290
00:12:49,977 --> 00:12:52,021
Especially because that's a little girl.
291
00:12:52,063 --> 00:12:57,193
If I had to shoot somebody,
292
00:12:57,235 --> 00:13:00,947
I would walk up to them, point blank, and shoot 'em
293
00:13:00,988 --> 00:13:02,532
in the fucking face.
294
00:13:05,034 --> 00:13:06,620
You have that big of a problem
295
00:13:06,661 --> 00:13:09,623
that you gotta kill somebody, right? Right?
296
00:13:09,664 --> 00:13:13,501
You have that big of a problem, that big of a problem,
297
00:13:13,543 --> 00:13:16,337
that you gotta take somebody's life?
298
00:13:16,379 --> 00:13:18,923
Well, take their life.
299
00:13:18,965 --> 00:13:22,093
It's been happening since the beginning of time, right?
300
00:13:22,135 --> 00:13:24,471
People been killing people since the beginning of time.
301
00:13:24,512 --> 00:13:26,431
Cain and Abel.
302
00:13:29,976 --> 00:13:34,981
But you walk up to 'em and you do 'em in.
303
00:13:35,022 --> 00:13:38,067
You just don't do it from across the street,
304
00:13:38,109 --> 00:13:41,613
where there's a bunch of kids playing on a scooter.
305
00:13:41,655 --> 00:13:44,658
[Shermaine] I just went to a funeral last month.
306
00:13:44,699 --> 00:13:46,284
This happened.
307
00:13:46,326 --> 00:13:50,037
I know a lot of people, it's common.
308
00:13:50,079 --> 00:13:54,668
It's like you been to fucking Vietnam
309
00:13:54,709 --> 00:13:57,545
or something, you know?
310
00:13:57,587 --> 00:13:59,631
Your war wounds.
311
00:13:59,673 --> 00:14:02,425
You either got stab marks or gunshots,
312
00:14:02,467 --> 00:14:04,427
jumping out of Paterson.
313
00:14:04,469 --> 00:14:08,097
To properly police these individuals and these gangs,
314
00:14:08,139 --> 00:14:09,766
you have to know their culture, you have to know
315
00:14:09,808 --> 00:14:11,518
what the gangs are about.
316
00:14:11,559 --> 00:14:14,354
The general make up, the hierarchy.
317
00:14:14,395 --> 00:14:17,231
Identifying them, monitoring them is getting harder
318
00:14:17,273 --> 00:14:19,233
and harder because there has been a decrease
319
00:14:19,275 --> 00:14:21,653
in the police force, due to cutbacks and things like that,
320
00:14:21,695 --> 00:14:23,363
but we're tasked to do more.
321
00:14:23,404 --> 00:14:25,239
So sometimes those specialized humans
322
00:14:25,281 --> 00:14:27,742
that were focusing on that, they're not there anymore.
323
00:14:27,784 --> 00:14:30,620
[police radio chatter]
324
00:14:30,662 --> 00:14:33,373
[Camelia Valdes] We have to talk about how gangs
325
00:14:33,414 --> 00:14:35,249
are being able to make money.
326
00:14:35,291 --> 00:14:37,711
Heroin is five dollars a bag.
327
00:14:37,752 --> 00:14:40,547
It's fueling the drug trade,
328
00:14:40,588 --> 00:14:43,842
and so when we talk about gangs,
329
00:14:43,883 --> 00:14:46,010
we have to talk about not only gun violence,
330
00:14:46,052 --> 00:14:48,763
reducing gun violence, but we have to keep focus on
331
00:14:48,805 --> 00:14:51,808
what drugs now are being abused.
332
00:14:51,850 --> 00:14:54,268
[man] He's bringing community down.
333
00:14:54,310 --> 00:14:57,063
Everybody's coming up here for a needle exchange,
334
00:14:57,104 --> 00:14:59,232
for needles, clean needles.
335
00:14:59,273 --> 00:15:00,441
Fuck, why you gotta get clean needles?
336
00:15:00,483 --> 00:15:02,443
Don't shoot up.
337
00:15:02,485 --> 00:15:03,903
Shouldn't shoot up, right, right,
338
00:15:03,944 --> 00:15:05,363
but it's for the people,
339
00:15:05,405 --> 00:15:06,740
it's for the people in the backyards,
340
00:15:06,781 --> 00:15:07,866
start thinking about that.
341
00:15:12,036 --> 00:15:13,996
[chattering]
342
00:15:15,956 --> 00:15:18,668
[Golda] I live in Tampa, Florida.
343
00:15:18,710 --> 00:15:21,838
I am living with my uncle, my aunt, and my three cousins.
344
00:15:21,880 --> 00:15:25,425
And then my aunt's grandmother and her daughter.
345
00:15:25,466 --> 00:15:27,594
[laughter]
346
00:15:27,635 --> 00:15:31,097
My mom is trying to get an apartment and a job.
347
00:15:31,138 --> 00:15:33,349
She wants to work two jobs so she can make enough money
348
00:15:33,391 --> 00:15:35,142
to get her own apartment.
349
00:15:36,728 --> 00:15:38,897
I want to get the hook out, I want to get the hook out,
350
00:15:38,938 --> 00:15:40,064
I want to get the hook out.
351
00:15:40,106 --> 00:15:42,609
[laughter]
352
00:15:42,650 --> 00:15:44,444
My life here in Florida is better
353
00:15:44,485 --> 00:15:46,905
than actually being in Paterson.
354
00:15:46,946 --> 00:15:49,741
Paterson, I'd be terrified to go even,
355
00:15:49,783 --> 00:15:53,411
even across the street by myself.
356
00:15:53,453 --> 00:15:55,914
It's... It's...
357
00:15:55,955 --> 00:15:58,374
But here, I guess, like, I don't know,
358
00:15:58,416 --> 00:16:02,253
it's calm, so I go anywhere.
359
00:16:02,295 --> 00:16:04,464
[ethereal theme playing]
360
00:16:08,301 --> 00:16:10,386
This is the room, the room's intact.
361
00:16:10,428 --> 00:16:13,807
No holes, no damages, just a little wiping down.
362
00:16:13,848 --> 00:16:15,224
Everything is intact.
363
00:16:15,266 --> 00:16:16,893
[Alexis] It really sucks getting evicted.
364
00:16:16,935 --> 00:16:18,018
You know, being homeless.
365
00:16:18,060 --> 00:16:19,353
Destroyed.
366
00:16:19,395 --> 00:16:21,689
My daughter's in Florida.
367
00:16:21,731 --> 00:16:25,443
My other daughter is a buried in a cemetery.
368
00:16:25,485 --> 00:16:27,862
I'm going to court.
369
00:16:27,904 --> 00:16:30,531
It really messes with your head.
370
00:16:30,573 --> 00:16:35,787
It really messes you up, as a man, you know?
371
00:16:35,829 --> 00:16:37,455
[chattering]
372
00:16:39,123 --> 00:16:42,293
A year ago today, I was at work,
373
00:16:42,335 --> 00:16:45,755
getting paid, like, I was doing what I graduated school for.
374
00:16:45,797 --> 00:16:49,258
My life was going where I wanted it to go,
375
00:16:49,300 --> 00:16:51,010
to the point where I was like, oh right,
376
00:16:51,051 --> 00:16:52,971
I'm gonna be where I got to be,
377
00:16:53,012 --> 00:16:56,056
and I'm gonna be able to support my family, my children,
378
00:16:56,098 --> 00:16:57,517
everything is gonna be okay now,
379
00:16:57,558 --> 00:16:59,143
this is what I went to school for.
380
00:17:00,520 --> 00:17:02,146
And then everything just fucking crumbles
381
00:17:02,188 --> 00:17:04,106
from your fingertips.
382
00:17:04,148 --> 00:17:06,526
You folks are the folks that are leaving?
383
00:17:06,567 --> 00:17:08,319
-You're all moved? -[Alexis] Yes.
384
00:17:08,361 --> 00:17:12,198
-Here's your copy of this. -Thank you.
385
00:17:12,239 --> 00:17:14,492
A little wet, but, since you're moving,
386
00:17:14,534 --> 00:17:16,327
you're not gonna need it anymore.
387
00:17:17,787 --> 00:17:19,539
[people chattering]
388
00:17:25,211 --> 00:17:27,964
[woman laughs]
389
00:17:33,594 --> 00:17:36,096
[Judge] Statement 15030149.
390
00:17:36,138 --> 00:17:38,683
We conferenced this case in chambers,
391
00:17:38,725 --> 00:17:41,101
and it's my understanding there were still
392
00:17:41,143 --> 00:17:43,646
some open discovery issues.
393
00:17:43,688 --> 00:17:46,733
Defense Council, any other issues right now?
394
00:17:46,774 --> 00:17:48,317
With regard to discovery?
395
00:17:48,359 --> 00:17:50,486
Or any other issues in this case?
396
00:17:50,528 --> 00:17:52,572
-I'd like to raise an issue-- -[Judge] All right, sure.
397
00:17:52,613 --> 00:17:56,200
The last time we were here, I most vociferously
398
00:17:56,242 --> 00:17:59,370
requested a trial date of April 1st.
399
00:17:59,412 --> 00:18:01,121
-That's correct. -There seemed to be
400
00:18:01,163 --> 00:18:04,083
some resistance from some of the parties on that.
401
00:18:04,124 --> 00:18:07,169
I am respectfully requesting that the court put down
402
00:18:07,211 --> 00:18:12,717
September 20th, Tuesday, as a real trial date.
403
00:18:12,759 --> 00:18:17,722
There should be no reason why myself and co-council,
404
00:18:17,764 --> 00:18:21,141
all co-council, the state as well, cannot be ready
405
00:18:21,183 --> 00:18:23,436
by that time to try this case.
406
00:18:23,477 --> 00:18:27,356
These are three young men who've been incarcerated,
407
00:18:27,398 --> 00:18:31,069
been denied their pre-trial liberty by a massive,
408
00:18:31,110 --> 00:18:34,697
excessive bail that nobody in this courtroom could make,
409
00:18:34,739 --> 00:18:37,199
they've waited long and hard for a trial,
410
00:18:37,241 --> 00:18:40,286
they deserve a trial, the state deserves a trial,
411
00:18:40,327 --> 00:18:43,289
and we're sitting here again not able to do that.
412
00:18:43,330 --> 00:18:45,833
I would love to set a trial date and say,
413
00:18:45,875 --> 00:18:50,797
"That's the day and we're gonna proceed on that day."
414
00:18:50,838 --> 00:18:54,008
But the state has to make its final plea offer
415
00:18:54,050 --> 00:18:57,053
and the defendants then have to make an informed decision
416
00:18:57,095 --> 00:18:59,221
as to whether they want to try this case
417
00:18:59,263 --> 00:19:03,309
or they want to take the plea, so we're getting closer
418
00:19:03,350 --> 00:19:06,312
to that point, but we're not there yet.
419
00:19:06,353 --> 00:19:08,815
And Judge, if I may, I appreciate that,
420
00:19:08,856 --> 00:19:11,400
and again, just as a practical matter,
421
00:19:11,442 --> 00:19:14,403
if this trial doesn't go in the very beginning
422
00:19:14,445 --> 00:19:18,074
of October, at the latest, this case will not
423
00:19:18,116 --> 00:19:20,743
go to trial in 2016.
424
00:19:20,785 --> 00:19:22,495
The earliest we can hope for
425
00:19:22,536 --> 00:19:26,707
is a mid-January 2017 trial.
426
00:19:26,749 --> 00:19:28,709
I agree with you. And just, you know,
427
00:19:28,751 --> 00:19:31,879
we talked about this in chambers, just being practical,
428
00:19:31,921 --> 00:19:33,714
there's still some more work to do in this case, obviously.
429
00:19:33,756 --> 00:19:37,135
-Not much. Not much. -Well, that you feel
430
00:19:37,176 --> 00:19:41,221
that way, your co-council don't necessarily feel that way.
431
00:19:41,263 --> 00:19:43,016
[Judge] All right, anything else?
432
00:19:43,057 --> 00:19:44,600
-No, sir. -[Judge] All right then.
433
00:19:44,642 --> 00:19:46,477
-[Paul] Thank you. -[Judge] You're welcome.
434
00:19:47,770 --> 00:19:49,563
[Harley] Look, everybody has an interest.
435
00:19:49,605 --> 00:19:52,358
The prosecutor has an interest in preserving justice,
436
00:19:52,399 --> 00:19:54,735
the other attorneys have an interest in ensuring
437
00:19:54,777 --> 00:19:56,696
that their clients get a fair trial,
438
00:19:56,737 --> 00:19:58,572
I have that same interest.
439
00:19:58,614 --> 00:20:00,658
But we need to get things done.
440
00:20:00,700 --> 00:20:03,953
And sometimes when people are getting paid by the hour
441
00:20:03,995 --> 00:20:07,874
or they're on salary even, one has a different motivation
442
00:20:07,915 --> 00:20:09,667
than the other.
443
00:20:09,709 --> 00:20:14,254
And that's creating, I think, a partial conflict here.
444
00:20:18,759 --> 00:20:21,220
Mad, upset.
445
00:20:21,261 --> 00:20:25,183
Sad, confused, lost.
446
00:20:25,224 --> 00:20:27,852
Like, what the fuck is going on?
447
00:20:27,894 --> 00:20:30,604
Like, what is going on?
448
00:20:30,646 --> 00:20:34,901
From day one, it was said, yeah, hey, yeah,
449
00:20:34,942 --> 00:20:38,154
we got 'em, we this, we that, yeah, we got all this,
450
00:20:38,196 --> 00:20:39,864
we got all that.
451
00:20:39,906 --> 00:20:42,700
And then today you have nothing to say.
452
00:20:44,202 --> 00:20:45,452
You late.
453
00:20:45,494 --> 00:20:48,330
You're not even prepared.
454
00:20:48,372 --> 00:20:49,832
What's going on?
455
00:20:51,542 --> 00:20:55,755
Now, it's at the point where,
456
00:20:55,796 --> 00:21:00,342
are these guys really who did it,
457
00:21:00,384 --> 00:21:04,805
or it was just randomly picked out from the street?
458
00:21:04,847 --> 00:21:06,224
They wear you down.
459
00:21:06,265 --> 00:21:07,558
It's a war of attrition.
460
00:21:07,600 --> 00:21:09,143
Well, guess what?
461
00:21:09,185 --> 00:21:10,603
We don't tap out.
462
00:21:10,644 --> 00:21:12,271
We don't submit.
463
00:21:13,689 --> 00:21:15,733
We're going to trial.
464
00:21:15,775 --> 00:21:17,693
If they want to delay this trial
465
00:21:17,735 --> 00:21:19,403
one more year, two more years,
466
00:21:19,445 --> 00:21:22,656
three more years, that's on them.
467
00:21:22,698 --> 00:21:24,075
But we're going to trial.
468
00:21:24,117 --> 00:21:26,827
My client wants a trial.
469
00:21:26,869 --> 00:21:31,958
And one day, one day, there will be no more delays.
470
00:21:31,999 --> 00:21:35,044
That jury will come up the elevator, walk through
471
00:21:35,086 --> 00:21:37,379
the hallway, walk into that courtroom,
472
00:21:37,421 --> 00:21:40,007
and take their rightful seats.
473
00:21:40,049 --> 00:21:41,884
And then the prosecutor will have to get up
474
00:21:41,926 --> 00:21:44,887
and prove his case beyond a reasonable doubt.
475
00:21:44,929 --> 00:21:47,056
That day is coming.
476
00:21:47,098 --> 00:21:49,058
One day.
477
00:21:49,100 --> 00:21:51,144
[melancholy theme playing]
478
00:22:00,861 --> 00:22:03,114
[people chattering]
479
00:22:18,963 --> 00:22:20,214
[digital shutter clicks]
480
00:22:47,574 --> 00:22:49,035
[Golda] We left everything behind.
481
00:22:49,076 --> 00:22:52,496
We left Genesis' tombstone behind.
482
00:22:52,538 --> 00:22:55,958
We left my family behind.
483
00:22:56,000 --> 00:22:57,918
We left a lot of things behind.
484
00:23:01,547 --> 00:23:06,802
I feel confused, happy, and upset.
485
00:23:06,844 --> 00:23:10,348
Because like, I don't know, like, confused,
486
00:23:10,388 --> 00:23:12,641
confused, I don't even know what to feel.
487
00:23:12,683 --> 00:23:16,603
I'm happy that we left, but like, I don't want to leave.
488
00:23:16,645 --> 00:23:18,898
I don't want to leave my dad, my brothers, my cousins.
489
00:23:20,607 --> 00:23:23,110
She hasn't cried. She didn't cry.
490
00:23:23,152 --> 00:23:27,281
She cried with me the first time, and that's it.
491
00:23:27,323 --> 00:23:29,283
The first day. Never cried again.
492
00:23:29,325 --> 00:23:32,452
Okay, hi everybody, it's Genesis, and I'm gonna be--
493
00:23:32,494 --> 00:23:34,454
[Janny] I don't know, she doesn't want to make friends.
494
00:23:34,496 --> 00:23:37,208
It's like hard for her to make friends.
495
00:23:37,250 --> 00:23:38,959
She says, how can she make friends
496
00:23:39,001 --> 00:23:40,711
if the only friend and best friend she had
497
00:23:40,753 --> 00:23:41,921
was her sister, Genesis.
498
00:23:41,962 --> 00:23:43,214
He's still on level two.
499
00:23:43,256 --> 00:23:45,049
Okay, now he's on level three. Which is a scary one anyway.
500
00:23:46,926 --> 00:23:49,720
[Golda] I want it to be over.
501
00:23:49,762 --> 00:23:52,014
Yeah, I want them to plead guilty.
502
00:23:52,056 --> 00:23:57,186
I don't want them to be going to trial anymore,
503
00:23:57,228 --> 00:23:59,730
or others, I want it to be done.
504
00:24:01,023 --> 00:24:03,441
It's just too much now.
505
00:24:03,483 --> 00:24:06,486
We've been at this for two years almost.
506
00:24:06,528 --> 00:24:08,322
And it's still going.
507
00:24:08,364 --> 00:24:10,074
It's ongoing.
508
00:24:11,658 --> 00:24:14,161
All right, good afternoon. Please be seated.
509
00:24:14,203 --> 00:24:17,206
All right, we're here for the pre-trial conference
510
00:24:17,248 --> 00:24:19,750
and matters of Jhymiere Moore, Marshae Anthony,
511
00:24:19,792 --> 00:24:24,797
Jeffry Ellerbee, indictment 15030149.
512
00:24:29,885 --> 00:24:31,345
Judge, do you have everybody up there?
513
00:24:31,387 --> 00:24:32,972
-I think you do. -[Judge] Yeah.
514
00:24:33,013 --> 00:24:34,223
[Judge] All right, why don't we start out
515
00:24:34,265 --> 00:24:35,849
with Jhymiere Moore?
516
00:24:35,891 --> 00:24:37,768
[Paul] The charges include murder.
517
00:24:37,810 --> 00:24:40,478
They include weapons offenses.
518
00:24:40,520 --> 00:24:42,689
These three defendants, the state's allegations
519
00:24:42,731 --> 00:24:47,111
are that they were part of a crew that was hitting back
520
00:24:47,153 --> 00:24:51,531
and looking for, specifically, maybe, Mr. Shakeen Ricks.
521
00:24:51,573 --> 00:24:55,244
Mr. Shakeen Ricks, as we know, is a defendant now
522
00:24:55,286 --> 00:24:58,496
in Burgham County for the murder of Nasira Bug,
523
00:24:58,538 --> 00:25:01,292
another young girl, and he will be going to trial,
524
00:25:01,334 --> 00:25:04,211
just like his co-defendants, sometime in December.
525
00:25:04,253 --> 00:25:06,922
So this matter has been not able to resolve
526
00:25:06,964 --> 00:25:09,175
by way of plea or cooperation,
527
00:25:09,216 --> 00:25:11,802
and there is no further negotiations.
528
00:25:11,844 --> 00:25:15,264
[Judge] What was the state's final plea offer in this?
529
00:25:17,350 --> 00:25:19,977
The state's original plea offer was 40 years
530
00:25:20,019 --> 00:25:23,314
for Mr. Moore, 40 years for Mr. Ellerbee,
531
00:25:23,356 --> 00:25:27,234
and eight with four for Mr. Anthony.
532
00:25:27,276 --> 00:25:30,279
[Judge] The maximum sentence we expose,
533
00:25:30,321 --> 00:25:33,032
if convicted on all counts in this case,
534
00:25:33,073 --> 00:25:37,036
Mr. DeGroot, can you set forth, what that would be?
535
00:25:37,077 --> 00:25:39,205
-[Paul] Life in prison. -[Judge] Right.
536
00:25:40,956 --> 00:25:43,376
All right, Mr. Moore, you understand all that?
537
00:25:43,417 --> 00:25:45,711
-[Jhymiere] Yes. -Mr. Moore. You had enough time
538
00:25:45,752 --> 00:25:47,880
-to think about it? -Yes.
539
00:25:47,921 --> 00:25:49,840
-Talk to your attorney about it? -Yes.
540
00:25:49,882 --> 00:25:51,717
[Judge] You understand that after today,
541
00:25:51,758 --> 00:25:53,427
there will be no more plea offers.
542
00:25:53,469 --> 00:25:54,594
You okay with that?
543
00:25:54,636 --> 00:25:56,013
-Yes. -All right.
544
00:25:56,055 --> 00:25:57,473
So, what do you want to do?
545
00:25:57,515 --> 00:25:58,598
You want to go to trial in this case?
546
00:25:58,640 --> 00:26:00,351
-Yes. -Okay, fine.
547
00:26:00,393 --> 00:26:02,144
[Judge] Anything further?
548
00:26:02,186 --> 00:26:04,271
-[man] No. -[Judge] All right, very well.
549
00:26:04,313 --> 00:26:05,981
[Judge] Set it for September 7.
550
00:26:06,023 --> 00:26:07,649
All right, thank you.
551
00:26:07,691 --> 00:26:09,402
-[lawyers] Thank you. -You're welcome.
552
00:26:09,443 --> 00:26:11,278
[chattering]
553
00:26:16,492 --> 00:26:19,537
[Niechia] Nobody really is considering the fact that
554
00:26:19,577 --> 00:26:21,663
what if these boys are innocent?
555
00:26:21,705 --> 00:26:24,166
Y'all just ruined their lives.
556
00:26:24,208 --> 00:26:28,212
Like I told my child, their life is forever ruined.
557
00:26:28,254 --> 00:26:30,297
Whether you get found innocent.
558
00:26:30,339 --> 00:26:32,132
Whether you get found guilty.
559
00:26:32,174 --> 00:26:34,134
Whether it's a mistrial or dismissal,
560
00:26:34,176 --> 00:26:36,345
whatever it is, your life is forever ruined.
561
00:26:36,387 --> 00:26:40,099
Jeffry never even got a ticket, let alone now
562
00:26:40,140 --> 00:26:43,436
the first crime he commits is a murder, that's ridiculous.
563
00:26:43,477 --> 00:26:45,354
So yeah, it's a shock.
564
00:26:45,396 --> 00:26:48,941
It's been very depressing.
565
00:26:48,982 --> 00:26:52,486
It's been hard on the rest of my kids.
566
00:26:52,528 --> 00:26:55,155
To explain to them that their brother might not
567
00:26:55,197 --> 00:26:58,033
come home for something he didn't do.
568
00:26:58,075 --> 00:26:59,617
So it's been hard.
569
00:26:59,659 --> 00:27:02,662
In this situation, in this situation,
570
00:27:02,704 --> 00:27:04,622
you got to take that chance.
571
00:27:04,664 --> 00:27:06,250
This is life, now.
572
00:27:06,292 --> 00:27:08,752
Now, if he know he didn't do it,
573
00:27:08,794 --> 00:27:13,424
why take 25, 40 whatever, they offer him 40 years.
574
00:27:13,466 --> 00:27:14,758
[police radio chatter]
575
00:27:14,800 --> 00:27:16,302
[David Kennedy] There is no way
576
00:27:16,343 --> 00:27:21,307
that any amount of routine application
577
00:27:21,348 --> 00:27:25,643
of policing criminal justice will stop what's going on.
578
00:27:25,685 --> 00:27:29,356
The routine experience of people in the neighborhood
579
00:27:29,398 --> 00:27:31,984
is that they're subjected
580
00:27:32,025 --> 00:27:34,236
to a huge amount of law enforcement.
581
00:27:34,278 --> 00:27:35,571
Man, feel my twists.
582
00:27:35,613 --> 00:27:37,364
[David] And they're not safe.
583
00:27:37,406 --> 00:27:38,782
You recording me?
584
00:27:38,824 --> 00:27:40,326
[KnowledgeBorn] Man, the street life,
585
00:27:40,367 --> 00:27:41,577
a thug cannot even learn how to spit, man.
586
00:27:41,619 --> 00:27:43,078
And I'm sharp with the hands.
587
00:27:43,120 --> 00:27:44,538
Even better with the hawk.
588
00:27:44,580 --> 00:27:46,540
A vicious dude with a reckless bark.
589
00:27:46,582 --> 00:27:48,501
Psychotic with the hammer, don't get caught in that spark.
590
00:27:48,542 --> 00:27:50,961
Late night creeping, yeah, I be that shadow in the dark.
591
00:27:51,003 --> 00:27:52,838
40 cal with something to silence the pop
592
00:27:52,879 --> 00:27:54,298
and this thing's slick talking, dawg,
593
00:27:54,340 --> 00:27:56,008
this is coming from the heart.
594
00:27:56,049 --> 00:27:58,051
90 dog, understand what's up, and then you spar
595
00:27:58,093 --> 00:28:00,137
with my boss, open your face with the hawk.
596
00:28:00,179 --> 00:28:02,931
Or a slug in your chest, man, to silence your heart.
597
00:28:02,973 --> 00:28:05,809
[Shermaine] You know, it's a sad situation,
598
00:28:05,851 --> 00:28:09,021
but that stuff happen out here.
599
00:28:09,062 --> 00:28:11,649
A kid should be able to go out and play.
600
00:28:11,731 --> 00:28:15,528
But that's just, that's just not the reality
601
00:28:15,569 --> 00:28:18,614
of what's going on in Paterson.
602
00:28:18,656 --> 00:28:22,117
Cory is my first cousin. Her father was murdered.
603
00:28:22,159 --> 00:28:26,330
My other first cousin, her father was murdered.
604
00:28:26,372 --> 00:28:28,248
My son was murdered.
605
00:28:28,290 --> 00:28:29,958
All in the same calendar year.
606
00:28:30,000 --> 00:28:31,793
What's the chances of that?
607
00:28:31,835 --> 00:28:34,338
That's almost like hitting the lottery of death.
608
00:28:34,380 --> 00:28:37,424
I know too well what these parents are going through.
609
00:28:37,466 --> 00:28:38,925
With their juveniles.
610
00:28:38,967 --> 00:28:42,555
Because at 14, my son started.
611
00:28:42,596 --> 00:28:46,141
[Shermaine] The younger kids, that's getting the guns.
612
00:28:46,183 --> 00:28:47,726
They not aiming.
613
00:28:47,767 --> 00:28:51,230
They see somebody they looking for in the crowd,
614
00:28:51,271 --> 00:28:53,023
they shoot at the crowd.
615
00:28:53,065 --> 00:28:55,693
Could hit five kids.
616
00:28:55,734 --> 00:28:57,570
I went to the cops, I called them every day.
617
00:28:57,611 --> 00:29:00,406
Every night they didn't come in, I got the same thing.
618
00:29:00,447 --> 00:29:03,450
Until it gets in the system, we can't help you.
619
00:29:03,492 --> 00:29:05,285
Maybe you want them to survive.
620
00:29:05,327 --> 00:29:07,787
That way, so you can throw them in the prison system
621
00:29:07,829 --> 00:29:09,289
and make money off of 'em.
622
00:29:09,331 --> 00:29:11,083
[applause]
623
00:29:11,124 --> 00:29:12,792
Maybe it's a business.
624
00:29:12,834 --> 00:29:14,670
Maybe it's a business.
625
00:29:16,755 --> 00:29:20,426
[woman] So at 18 he decided to go out and join a gang.
626
00:29:20,467 --> 00:29:22,428
First charge, two sets of guns.
627
00:29:22,469 --> 00:29:24,388
At 17.
628
00:29:24,430 --> 00:29:27,182
Second charge, two sets of guns.
629
00:29:27,224 --> 00:29:29,226
Third charge, attempted murder.
630
00:29:30,977 --> 00:29:32,854
But he's in the system now, huh?
631
00:29:32,896 --> 00:29:35,566
You guys talk about everything that's around
632
00:29:35,608 --> 00:29:37,443
the buck and the dollar, but at the end of the day,
633
00:29:37,484 --> 00:29:40,446
when they start shooting up your car, your house,
634
00:29:40,487 --> 00:29:43,741
when heroin comes to your block,
635
00:29:43,782 --> 00:29:45,701
you're gonna turn around and say,
636
00:29:45,743 --> 00:29:47,994
"You know what, that guy with the dreads made a lot of sense."
637
00:29:49,371 --> 00:29:51,081
-All right, Mom, bye. -Good luck.
638
00:29:51,123 --> 00:29:53,250
Love you.
639
00:29:53,292 --> 00:29:55,335
See ya.
640
00:29:55,377 --> 00:29:57,463
[Janny] I wasn't gonna come.
641
00:29:57,504 --> 00:29:59,172
Over here.
642
00:29:59,214 --> 00:30:02,175
I wasn't gonna try to miss it, either.
643
00:30:03,302 --> 00:30:04,762
Broke my belt.
644
00:30:08,140 --> 00:30:09,683
All right.
645
00:30:09,725 --> 00:30:14,563
[ominous theme playing]
646
00:30:31,455 --> 00:30:32,914
[Judge] "Ladies and gentlemen,
647
00:30:32,956 --> 00:30:34,291
"defendants have pleaded
648
00:30:34,333 --> 00:30:36,042
"not guilty to the charges.
649
00:30:36,084 --> 00:30:38,086
"The defendants are on trial, and they are presumed
650
00:30:38,128 --> 00:30:41,214
"to be innocent, unless each and every essential element
651
00:30:41,256 --> 00:30:43,925
"of the offenses are charged, offenses charged,
652
00:30:43,967 --> 00:30:45,927
"are proven beyond a reasonable doubt
653
00:30:45,969 --> 00:30:47,387
"as to each defendant;
654
00:30:47,429 --> 00:30:49,264
"each defendant must be found not guilty
655
00:30:49,306 --> 00:30:50,974
of that particular charge."
656
00:30:53,727 --> 00:30:55,437
It's a summer evening.
657
00:30:55,479 --> 00:30:58,816
Genesis Rincon is 12 years old.
658
00:30:58,898 --> 00:31:02,068
Innocent, pure.
659
00:31:02,110 --> 00:31:07,366
Society, our society, we failed that little girl.
660
00:31:07,407 --> 00:31:09,702
Just couldn't stop them.
661
00:31:11,411 --> 00:31:15,791
Genesis came upon, that moment in time,
662
00:31:15,833 --> 00:31:19,503
when his enemy
663
00:31:19,545 --> 00:31:22,798
and his enemy and his enemy appeared
664
00:31:22,840 --> 00:31:25,884
in the figure of a white van.
665
00:31:27,511 --> 00:31:31,306
Bam, bam, bam, bam, bam.
666
00:31:31,348 --> 00:31:32,808
Bam.
667
00:31:32,850 --> 00:31:35,602
Shot after shot was fired.
668
00:31:37,312 --> 00:31:39,939
They're on trial here today.
669
00:31:42,275 --> 00:31:45,278
And the state is going to prove to you,
670
00:31:45,320 --> 00:31:50,450
beyond a reasonable doubt, that guilty on those counts
671
00:31:50,492 --> 00:31:53,245
for murder should be entered against each
672
00:31:53,286 --> 00:31:55,831
and every one of those.
673
00:31:55,873 --> 00:31:59,167
We will have justice for the Rincon family.
674
00:32:01,670 --> 00:32:03,296
Thank you.
675
00:32:03,338 --> 00:32:05,298
[Judge] Thank you, Mr. DeGroot.
676
00:32:05,340 --> 00:32:06,925
Mr. Breite.
677
00:32:09,845 --> 00:32:13,932
[Harley] Ladies and gentlemen, we do not need to decide
678
00:32:13,973 --> 00:32:16,769
whether this killing was terrible.
679
00:32:16,810 --> 00:32:18,729
We know that it was.
680
00:32:18,771 --> 00:32:21,440
And we know that it was tragic.
681
00:32:21,481 --> 00:32:24,735
Your purpose is different.
682
00:32:24,777 --> 00:32:30,073
It is to decide if the state has proved that my client
683
00:32:30,115 --> 00:32:32,325
killed Genesis Rincon.
684
00:32:32,367 --> 00:32:35,495
I am confident that when you hear the evidence,
685
00:32:35,537 --> 00:32:40,083
you'll find that there is not just one reasonable doubt,
686
00:32:40,125 --> 00:32:43,879
but there exists many, many reasonable doubts
687
00:32:43,921 --> 00:32:46,214
throughout the state's entire case.
688
00:32:47,800 --> 00:32:51,303
We don't know who killed Genesis Rincon,
689
00:32:51,344 --> 00:32:54,347
and at the end of this trial, unfortunately,
690
00:32:54,389 --> 00:32:59,603
you, too, will still not know who killed Genesis Rincon.
691
00:33:01,062 --> 00:33:02,314
Thank you.
692
00:33:02,355 --> 00:33:03,732
[Judge] Thank you, Mr. Breite.
693
00:33:05,525 --> 00:33:07,653
[Judge] After swearing in
694
00:33:05,525 --> 00:33:07,653
of the witness,
695
00:33:07,694 --> 00:33:08,821
let's have...
696
00:33:08,862 --> 00:33:10,823
[indistinct dialogue] [woman]
697
00:33:10,864 --> 00:33:12,825
Raise your right hand, please.
698
00:33:12,866 --> 00:33:15,828
You do solemnly swear that the testimony
699
00:33:12,866 --> 00:33:15,828
about to be given
700
00:33:15,869 --> 00:33:17,412
in this case will be the truth,
701
00:33:17,454 --> 00:33:19,122
the whole truth, and nothing but the truth?
702
00:33:19,164 --> 00:33:20,666
-Yes. -Please state
703
00:33:19,164 --> 00:33:20,666
your name for the record.
704
00:33:20,707 --> 00:33:22,793
-Keshawn Carter. -You may be seated.
705
00:33:22,835 --> 00:33:25,211
[Paul] On July 5th, 2014, do you remember
706
00:33:25,253 --> 00:33:27,923
-a significant event that day? -Yes.
707
00:33:27,965 --> 00:33:30,175
-And what happened that day? -The shooting.
708
00:33:30,216 --> 00:33:32,845
[Paul] In the area of 35 Grand Ave.,
709
00:33:32,886 --> 00:33:34,513
in the city of Paterson,
710
00:33:34,554 --> 00:33:36,348
have you identified various neighborhood gangs
711
00:33:36,389 --> 00:33:38,224
-in that area? -Yes, we have two
712
00:33:38,266 --> 00:33:41,353
neighborhood gangs that we identified within that area.
713
00:33:41,394 --> 00:33:43,772
The first neighborhood gang that we've identified
714
00:33:43,814 --> 00:33:45,398
is 230 Boys.
715
00:33:45,440 --> 00:33:47,901
And the other group that we've identified
716
00:33:47,943 --> 00:33:50,904
is a group called the So Icy Boys.
717
00:33:50,946 --> 00:33:53,991
[Paul] I'd ask you to look toward the defense,
718
00:33:54,032 --> 00:33:56,785
and do you see the person that you
719
00:33:54,032 --> 00:33:56,785
identified as the shooter?
720
00:33:56,827 --> 00:33:58,411
-Yes. -Can you indicate
721
00:33:58,453 --> 00:33:59,997
what color shirt that person's wearing?
722
00:34:00,038 --> 00:34:01,373
White shirt.
723
00:34:01,414 --> 00:34:03,917
[Judge] Identifying the defendant.
724
00:34:03,959 --> 00:34:05,752
[Nancy] Defendant Moore has been identified
725
00:34:05,794 --> 00:34:08,714
by law enforcement sources as a member of So Icy
726
00:34:08,755 --> 00:34:12,050
by his self proclamation, as well as his tattoo
727
00:34:12,091 --> 00:34:14,594
that he has on his markings that say SIB,
728
00:34:14,636 --> 00:34:16,680
meaning So Icy Boys.
729
00:34:19,558 --> 00:34:22,268
[Paul] Now on July 5th, 2014,
730
00:34:22,310 --> 00:34:24,312
what time did that family barbecue begin?
731
00:34:24,354 --> 00:34:26,231
I'm not sure.
732
00:34:26,272 --> 00:34:28,859
I mean, it was around 4.
733
00:34:28,901 --> 00:34:30,861
[Paul] The police asked you if Jeffry Ellerbee
734
00:34:30,903 --> 00:34:33,655
-was there that day, correct? -[Aalyiah] Yes.
735
00:34:33,697 --> 00:34:36,992
[Paul] Originally, what did you first tell them?
736
00:34:37,034 --> 00:34:39,828
[Aalyiah] I told them that he came around 8.
737
00:34:39,870 --> 00:34:41,538
[Paul] Did you finally change your story?
738
00:34:41,580 --> 00:34:43,331
[Aalyiah] Yes.
739
00:34:43,373 --> 00:34:45,124
-[Paul] Good morning, Detective. -Good morning.
740
00:34:45,166 --> 00:34:47,085
[Paul] Were you involved in the homicide investigation
741
00:34:47,126 --> 00:34:48,754
-of Genesis Rincon? -Yes.
742
00:34:48,795 --> 00:34:50,463
[Paul] In that investigation,
743
00:34:50,505 --> 00:34:52,507
was there an application to search
744
00:34:52,549 --> 00:34:54,259
-one of the phones? -Yes.
745
00:34:54,300 --> 00:34:56,762
[Paul] Was that phone of Jeffry Ellerbee?
746
00:34:56,803 --> 00:34:57,930
Correct.
747
00:34:57,971 --> 00:34:59,765
Agent, based on your expertise,
748
00:34:59,806 --> 00:35:02,559
can you conclude to a reasonable degree of certainty
749
00:35:02,601 --> 00:35:05,270
whether that cellular number was in the area
750
00:35:05,311 --> 00:35:08,565
of the homicide on July 5th, 2014,
751
00:35:08,607 --> 00:35:10,275
at approximately 8:30 in the evening?
752
00:35:10,316 --> 00:35:13,946
I can tell you that the usage of that phone
753
00:35:13,987 --> 00:35:16,281
at that particular time is consistent with
754
00:35:16,322 --> 00:35:18,867
the coverage area of that crime scene at that time.
755
00:35:18,909 --> 00:35:21,703
[Paul] Were you able to establish where the phone was
756
00:35:21,745 --> 00:35:25,832
at approximately 8:30 in the evening on August 5th, 2014?
757
00:35:25,874 --> 00:35:28,293
-[Harley] Objection. -[Judge] Sustained.
758
00:35:28,334 --> 00:35:31,254
[Paul] Who asked you to say that Jeff was with you
759
00:35:31,296 --> 00:35:33,548
at that time?
760
00:35:33,590 --> 00:35:36,468
-Jeffry. -[Paul] Thank you.
761
00:35:36,509 --> 00:35:38,386
[Nancy] Defendant Ellerbee has been identified
762
00:35:38,428 --> 00:35:40,722
by law enforcement sources through a self proclamation
763
00:35:40,764 --> 00:35:44,434
of stating that he, in fact, was a So Icy Boy.
764
00:35:44,476 --> 00:35:48,063
-[Paul] No tattoos, though? -No tattoos.
765
00:35:48,105 --> 00:35:50,649
-[Paul] Thank you. -[Judge] All right, thanks.
766
00:35:50,690 --> 00:35:53,359
[Judge] All right, Detective, you're still under oath.
767
00:35:53,401 --> 00:35:56,029
We'll have Mr. Breite's cross examination.
768
00:35:56,071 --> 00:35:58,824
[Harley] Detective, you testified that my client,
769
00:35:58,865 --> 00:36:01,451
Jhymiere Moore, is a member of a street gang,
770
00:36:01,493 --> 00:36:03,912
-is that correct? -[Nancy] That is correct.
771
00:36:05,622 --> 00:36:08,083
You didn't have any role, whatsoever,
772
00:36:08,125 --> 00:36:11,503
in the investigation of this case involving
773
00:36:11,544 --> 00:36:15,590
the murder of Genesis Rincon, correct?
774
00:36:15,632 --> 00:36:17,634
-That is correct. -You have no personal
775
00:36:17,676 --> 00:36:19,845
information, whatsoever, with regard
776
00:36:19,886 --> 00:36:22,472
to how this murder took place, do you?
777
00:36:22,514 --> 00:36:23,932
No, sir.
778
00:36:23,974 --> 00:36:26,852
-You weren't there, were you? -No, sir.
779
00:36:26,893 --> 00:36:29,395
You didn't see who fired the shots, did you?
780
00:36:29,437 --> 00:36:31,106
-No, sir. -Nothing further.
781
00:36:31,148 --> 00:36:32,565
[Judge] All right, thanks.
782
00:36:32,607 --> 00:36:34,776
[Harley] Mr. Carter, let's talk
783
00:36:34,818 --> 00:36:36,361
about some pending charges.
784
00:36:36,402 --> 00:36:39,238
You were arrested on September 21st, 2015,
785
00:36:39,280 --> 00:36:41,783
for the distribution of possession with the intent
786
00:36:41,825 --> 00:36:43,242
to distribute drugs, correct?
787
00:36:43,284 --> 00:36:44,953
-Yes. -That case is still pending,
788
00:36:44,995 --> 00:36:46,705
it's not been resolved, correct?
789
00:36:46,746 --> 00:36:48,373
-Yes. -Another pending charge.
790
00:36:48,414 --> 00:36:52,127
You were arrested on July 6th of 2016
791
00:36:52,169 --> 00:36:54,171
for selling heroin, correct?
792
00:36:54,212 --> 00:36:57,007
-Yes. -Okay, and that's not
793
00:36:54,212 --> 00:36:57,007
yet been resolved either?
794
00:36:57,049 --> 00:36:58,758
-Yes. -As you sit here today,
795
00:36:58,800 --> 00:37:02,261
testifying, on behalf of the state,
796
00:37:02,303 --> 00:37:05,807
those two pending charges have not yet been resolved,
797
00:37:05,849 --> 00:37:08,143
-is that correct? -Yes.
798
00:37:10,729 --> 00:37:13,690
Mr. Carter, this document is S57.
799
00:37:13,732 --> 00:37:15,692
-You recognize that, don't you? -Yes.
800
00:37:15,734 --> 00:37:17,485
That's your statement to the police, correct?
801
00:37:17,527 --> 00:37:19,612
Yes.
802
00:37:19,654 --> 00:37:22,115
[Harley] When you said that to them,
803
00:37:22,157 --> 00:37:24,743
you said that you were sweeping up
804
00:37:24,784 --> 00:37:26,452
-a little bit, correct? -Yes.
805
00:37:26,494 --> 00:37:28,287
Well, but the fact is you weren't sweeping,
806
00:37:28,329 --> 00:37:29,789
you were selling drugs, correct?
807
00:37:29,831 --> 00:37:31,624
-I was doing both. -Ah.
808
00:37:31,666 --> 00:37:32,959
[light chuckles in courtroom]
809
00:37:33,001 --> 00:37:34,419
Nothing further, Judge.
810
00:37:34,460 --> 00:37:35,879
[Judge] All right, thank you.
811
00:37:38,256 --> 00:37:40,299
[Judge] Let's take 5. Well, we said we were gonna be here
812
00:37:40,341 --> 00:37:43,344
until 3:30, so let's take till 3:30.
813
00:37:43,386 --> 00:37:45,972
[people chattering]
814
00:37:51,228 --> 00:37:56,482
Right now Jhymiere is, he's not 100% confident,
815
00:37:56,524 --> 00:37:59,069
you know what I'm saying, it's like,
816
00:37:59,111 --> 00:38:01,238
he feels like, right now, he feels like me,
817
00:38:01,279 --> 00:38:03,448
like he has a 60-40 chance.
818
00:38:03,489 --> 00:38:05,200
I feel good.
819
00:38:06,868 --> 00:38:08,954
You know, I feel good about it.
820
00:38:08,995 --> 00:38:13,125
It's not something like I'm worried if,
821
00:38:13,166 --> 00:38:16,795
or it could just be that my emotions are going crazy
822
00:38:16,836 --> 00:38:20,173
right now and you know, I just can't, but,
823
00:38:20,215 --> 00:38:26,805
like I just feel inside, it's like,
824
00:38:26,846 --> 00:38:30,100
it's a calming feeling, it's a good feeling.
825
00:38:38,399 --> 00:38:41,278
[Harley] I like to train in a place that's a bit rural.
826
00:38:41,319 --> 00:38:43,822
When you're done giving everything you can physically
827
00:38:43,863 --> 00:38:46,407
and mentally, as well, get in a car
828
00:38:46,449 --> 00:38:49,911
and you're driving through an area with beautiful foliage,
829
00:38:49,953 --> 00:38:52,038
there's something very cathartic about it.
830
00:38:52,080 --> 00:38:55,000
It's very quiet, and you can really spend time
831
00:38:55,041 --> 00:38:57,836
introspecting, and that's one of the hardest things
832
00:38:57,877 --> 00:39:00,379
in life to do is introspect.
833
00:39:00,421 --> 00:39:02,632
[breathing heavily]
834
00:39:08,346 --> 00:39:11,432
When I do well in the cage, I can extrapolate
835
00:39:11,474 --> 00:39:14,393
that experience into the courtroom,
836
00:39:14,435 --> 00:39:16,271
into other areas of my life.
837
00:39:16,313 --> 00:39:19,607
But I don't fear things the way that perhaps I did
838
00:39:19,649 --> 00:39:21,400
when I was younger.
839
00:39:21,442 --> 00:39:23,528
A judge is yelling at me, I just zone out,
840
00:39:23,569 --> 00:39:26,198
because there's nothing that person can do to hurt me.
841
00:39:26,239 --> 00:39:29,617
I've already faced the most terrifying event
842
00:39:29,659 --> 00:39:32,204
I could ever face in my mind, and that's getting
843
00:39:32,245 --> 00:39:34,372
on the mat or getting in the cage.
844
00:39:34,413 --> 00:39:36,166
And once I conquered that,
845
00:39:36,208 --> 00:39:38,918
conquering the courtroom was so easy.
846
00:39:38,960 --> 00:39:40,253
So easy.
847
00:39:45,675 --> 00:39:47,552
[bell rings]
848
00:40:02,692 --> 00:40:05,695
[woman] You do solemnly swear that
849
00:40:02,692 --> 00:40:05,695
the testimony about to be given
850
00:40:05,737 --> 00:40:07,155
in this case will be the truth,
851
00:40:07,197 --> 00:40:08,698
the whole truth, and nothing but the truth?
852
00:40:08,740 --> 00:40:10,200
-Yes, Your Honor. -Please state your name
853
00:40:10,242 --> 00:40:12,451
-for the record. -Detective John Scully.
854
00:40:12,493 --> 00:40:14,829
[Paul] How many shell casings were recovered?
855
00:40:14,871 --> 00:40:17,957
There was six shell casings.
856
00:40:17,999 --> 00:40:19,959
Four that were nine millimeters.
857
00:40:20,001 --> 00:40:22,087
One was a .380 caliber.
858
00:40:22,128 --> 00:40:25,464
-Item A, I didn't know. -You guys did anonymous?
859
00:40:25,506 --> 00:40:27,926
-It could have been, yes. -No further questions.
860
00:40:27,967 --> 00:40:31,512
-[Judge] Mr. Breite? -[Harley] Sir.
861
00:40:31,554 --> 00:40:34,432
Detective, with regard to the shell casings
862
00:40:34,473 --> 00:40:38,103
found at the scene, you were never able to connect
863
00:40:38,144 --> 00:40:43,149
those shell casings with any specific gun, were you?
864
00:40:44,567 --> 00:40:47,112
I don't know if a gun was ever recovered, sir.
865
00:40:47,153 --> 00:40:48,905
Thank you, nothing further.
866
00:40:48,947 --> 00:40:50,823
All right, any questions?
867
00:40:52,742 --> 00:40:54,493
I'm very confident, as I said--
868
00:40:54,535 --> 00:40:57,038
Listen, then you can strut like a peacock, brother,
869
00:40:57,080 --> 00:41:02,001
that you're confident, but the evidence that we have
870
00:41:02,043 --> 00:41:04,837
says that you were there, that's the problem.
871
00:41:04,879 --> 00:41:06,464
That's the problem.
872
00:41:06,505 --> 00:41:09,426
So, me, personally, I ain't rolling dice.
873
00:41:09,467 --> 00:41:11,469
I'm not letting people decide my fate
874
00:41:11,510 --> 00:41:15,014
and making their own opinions on what went down.
875
00:41:15,056 --> 00:41:18,101
That's not what I want. I want to be like,
876
00:41:15,056 --> 00:41:18,101
you know what?
877
00:41:18,143 --> 00:41:20,228
Let me get in front of this. This is what happened.
878
00:41:20,270 --> 00:41:22,480
I was fucking around and some little girl got killed
879
00:41:22,521 --> 00:41:24,065
by accident.
880
00:41:24,107 --> 00:41:25,733
There's a big difference.
881
00:41:25,775 --> 00:41:28,111
I'm not letting them fucking choose what I did.
882
00:41:28,153 --> 00:41:30,196
-I'm gonna-- -I didn't do nothing, though.
883
00:41:30,238 --> 00:41:31,823
I'm gonna talk for me.
884
00:41:31,864 --> 00:41:33,658
[woman] Please state your name for the record.
885
00:41:33,699 --> 00:41:36,244
-Jack DeSalvo. -You may proceed
886
00:41:33,699 --> 00:41:36,244
to the witness stand.
887
00:41:36,286 --> 00:41:39,580
-[Paul] Good morning, Detective. -Good morning.
888
00:41:39,622 --> 00:41:41,666
Detective, who are you employed by?
889
00:41:41,707 --> 00:41:43,209
-The city of Paterson. -Okay.
890
00:41:43,251 --> 00:41:44,752
Did you take statements in this case?
891
00:41:44,794 --> 00:41:46,296
Yes, I did.
892
00:41:46,338 --> 00:41:48,340
Was that statement, were statements taken
893
00:41:48,381 --> 00:41:50,008
by Detective Leishman and yourself?
894
00:41:50,049 --> 00:41:51,592
-Yes. -Were you involved
895
00:41:51,634 --> 00:41:54,346
in the statement of John E. Moore?
896
00:41:54,387 --> 00:41:56,764
-Yes, I was. -What was his answer
897
00:41:54,387 --> 00:41:56,764
when you said that
898
00:41:56,806 --> 00:41:58,557
you couldn't get over that last response
899
00:41:58,599 --> 00:42:00,559
that he wasn't there and wasn't involved?
900
00:42:00,601 --> 00:42:03,604
"I don't know why they would like put me at the scene,
901
00:42:03,646 --> 00:42:06,399
"want me to be at that scene, because I, like,
902
00:42:06,441 --> 00:42:09,402
"whatever cameras you say you got at the liquor store
903
00:42:09,444 --> 00:42:11,946
"or whatever, check 'em, and it will show you
904
00:42:11,988 --> 00:42:14,157
I was not put there."
905
00:42:14,199 --> 00:42:16,826
[Paul] Detective, during this investigation,
906
00:42:16,868 --> 00:42:18,953
were cameras attempted to be located?
907
00:42:18,995 --> 00:42:20,538
-Yes. -Were any working cameras
908
00:42:20,579 --> 00:42:21,664
found to be in that area?
909
00:42:21,706 --> 00:42:23,249
-No. -Were any cameras
910
00:42:23,291 --> 00:42:24,542
from businesses found to be in that area?
911
00:42:24,583 --> 00:42:27,379
-No. -Thank you.
912
00:42:27,420 --> 00:42:29,172
[Judge] Detective, you can step down.
913
00:42:29,214 --> 00:42:30,382
You're released for today.
914
00:42:30,423 --> 00:42:32,675
Rest and have a nice night.
915
00:42:42,143 --> 00:42:43,561
All right.
916
00:42:45,104 --> 00:42:49,859
[Harley] Detective, you went to a press conference
917
00:42:49,901 --> 00:42:53,571
to make a public announcement of the first arrest
918
00:42:53,612 --> 00:42:54,989
in this case, correct?
919
00:42:55,031 --> 00:42:57,950
-Yes. -And that first arrest
920
00:42:57,992 --> 00:43:01,162
pertained to my client, Jhymiere Moore, didn't it?
921
00:43:01,204 --> 00:43:04,040
-Yes. -Detective, you testified
922
00:43:04,082 --> 00:43:07,544
earlier about these shell casings that were found
923
00:43:07,585 --> 00:43:09,421
-on the scene, right? -Yes.
924
00:43:11,130 --> 00:43:15,801
It's a fact, isn't it, that you were never able
925
00:43:15,843 --> 00:43:19,389
to connect any of those casings with my client,
926
00:43:19,431 --> 00:43:21,182
Jhymiere Moore, correct?
927
00:43:21,224 --> 00:43:24,060
-Correct. -[Harley] Nothing further.
928
00:43:24,102 --> 00:43:25,395
All right, thanks.
929
00:43:30,400 --> 00:43:32,026
-Detective, good morning. -[Steven] Good morning.
930
00:43:32,068 --> 00:43:33,694
For the record, I'm Matthew Cavaliere,
931
00:43:33,736 --> 00:43:35,572
I'm representing Jeffry Ellerbee,
932
00:43:35,613 --> 00:43:37,407
and I have some questions.
933
00:43:37,449 --> 00:43:40,952
As lead investigator, are you the one who directs
934
00:43:40,993 --> 00:43:44,747
the CSI people to send bullets out for fingerprinting,
935
00:43:44,789 --> 00:43:46,874
for example?
936
00:43:46,916 --> 00:43:49,085
For stuff that goes to the lab, it would be
937
00:43:49,127 --> 00:43:51,129
my responsibility to have certain items
938
00:43:51,170 --> 00:43:52,797
requested to be examined, yes.
939
00:43:52,838 --> 00:43:56,134
[Matthew] Okay. Now, in this case, by analyzing
940
00:43:56,175 --> 00:43:58,677
the firing pin fingerprint on the back
941
00:43:58,719 --> 00:44:02,765
of the spent shell casings from the Genesis case,
942
00:44:02,807 --> 00:44:07,019
it shows that the same gun was used
943
00:44:07,061 --> 00:44:10,189
in the April 1st, 2014 case, correct?
944
00:44:10,231 --> 00:44:12,191
-Yes. -And as a Paterson
945
00:44:12,233 --> 00:44:16,028
Police Department case number for the shooting event
946
00:44:16,070 --> 00:44:19,365
that happened on April 1st, 2014,
947
00:44:19,407 --> 00:44:21,409
involving the same gun, right?
948
00:44:21,451 --> 00:44:23,911
-Yes. -Now, would it surprise you
949
00:44:23,953 --> 00:44:26,581
to know that the person arrested and charged
950
00:44:26,623 --> 00:44:29,417
by your department for using that gun,
951
00:44:29,459 --> 00:44:31,043
his first name is Eli?
952
00:44:31,085 --> 00:44:32,920
Are you familiar with that shooting case now?
953
00:44:32,962 --> 00:44:37,550
-Yes. -It turns out your department
954
00:44:37,592 --> 00:44:40,178
interviewed him in this case.
955
00:44:40,219 --> 00:44:41,846
-[Matthew] True? -[Steven] Yes.
956
00:44:41,887 --> 00:44:43,431
[Matthew] That was right after he got arrested
957
00:44:43,473 --> 00:44:46,225
-for the other shooting, true? -Yes.
958
00:44:46,267 --> 00:44:48,269
How long did that interview take?
959
00:44:48,311 --> 00:44:50,021
I was actually not part of that interview,
960
00:44:50,062 --> 00:44:51,939
that was two other detectives that spoke to him.
961
00:44:51,981 --> 00:44:53,483
[Matthew] Would it surprise you to know
962
00:44:53,525 --> 00:44:56,902
that the interview of Eli took six minutes?
963
00:44:56,944 --> 00:44:58,863
I don't know, I wasn't there.
964
00:45:00,406 --> 00:45:02,283
Would it surprise you to know that that interview
965
00:45:02,325 --> 00:45:06,204
did not ask him about the Genesis case
966
00:45:06,245 --> 00:45:09,706
other than to tell him that you had developed
967
00:45:09,748 --> 00:45:13,127
information indicating that he was there?
968
00:45:13,169 --> 00:45:14,504
You know that, right?
969
00:45:14,546 --> 00:45:15,963
-Yes. -It's in your report.
970
00:45:16,005 --> 00:45:18,257
-Yes. -The guy who used
971
00:45:18,299 --> 00:45:22,928
the same gun that was used to kill Genesis
972
00:45:22,970 --> 00:45:26,057
was there at the time of the shooting,
973
00:45:26,098 --> 00:45:28,059
and that's why you brought him in?
974
00:45:28,100 --> 00:45:31,103
-Yes. -You never asked him
975
00:45:28,100 --> 00:45:31,103
about the same gun, did you?
976
00:45:31,145 --> 00:45:34,190
-No. -No further questions.
977
00:45:34,232 --> 00:45:36,942
-Thank you. -[Judge] All right, thank you.
978
00:45:39,862 --> 00:45:42,865
[low chattering]
979
00:45:46,285 --> 00:45:50,039
[needle buzzing]
980
00:45:50,081 --> 00:45:52,208
[chattering]
981
00:45:52,250 --> 00:45:54,544
[Alexis] I was a Marshae,
982
00:45:54,586 --> 00:45:58,297
I was a Moore, I was an Ellerbee, I was.
983
00:45:59,215 --> 00:46:00,799
I was.
984
00:46:00,841 --> 00:46:03,010
I don't hate them.
985
00:46:04,803 --> 00:46:07,306
They're kids.
986
00:46:07,348 --> 00:46:08,933
They're kids. I was a kid, too.
987
00:46:08,974 --> 00:46:10,851
I was that kid.
988
00:46:10,893 --> 00:46:14,731
I was that kid that my family members would tell
989
00:46:14,771 --> 00:46:18,359
their kids, "Don't hang with Alexis."
990
00:46:18,401 --> 00:46:20,653
"Don't hang with Alexis.
991
00:46:20,695 --> 00:46:23,406
Alexis is bad news."
992
00:46:23,448 --> 00:46:26,158
I'm no different than these guys.
993
00:46:28,286 --> 00:46:31,956
It's just that I had the right people,
994
00:46:31,997 --> 00:46:33,916
-I had the right support. -[video game beeping]
995
00:46:33,958 --> 00:46:37,587
My parole officer, Mr. Williams,
996
00:46:37,629 --> 00:46:41,340
I violated at least twice,
997
00:46:41,382 --> 00:46:43,342
and he said that he was not gonna lock me up
998
00:46:43,384 --> 00:46:45,678
because I was a smart kid and he met my mom
999
00:46:45,720 --> 00:46:49,557
and he said, "Your parents are good parents.
1000
00:46:49,599 --> 00:46:51,892
And they don't deserve that from you."
1001
00:46:54,103 --> 00:46:57,022
I would like to be a counselor.
1002
00:46:57,064 --> 00:47:00,318
Because if you can take one kid,
1003
00:47:00,359 --> 00:47:03,862
whether it be a kid that was born on East 19
1004
00:47:03,904 --> 00:47:07,450
in Paterson, named Alexis Rincon,
1005
00:47:07,492 --> 00:47:10,911
people know him as Chooser, or Choose One,
1006
00:47:10,953 --> 00:47:14,457
or that kid that lives on 10th Ave.
1007
00:47:14,499 --> 00:47:17,084
that goes by the name of Marshae Anthony.
1008
00:47:20,379 --> 00:47:23,591
Then you did something.
1009
00:47:23,633 --> 00:47:25,802
[woman] Raise your right hand, please.
1010
00:47:23,633 --> 00:47:25,802
You do solemnly swear
1011
00:47:25,842 --> 00:47:27,762
or affirm that your testimony you're about to give
1012
00:47:27,804 --> 00:47:29,263
in this case will be the truth,
1013
00:47:29,305 --> 00:47:30,973
the whole truth, and nothing but the truth?
1014
00:47:31,015 --> 00:47:32,684
-Yes. -Please state
1015
00:47:31,015 --> 00:47:32,684
your name for the record.
1016
00:47:32,725 --> 00:47:34,769
-Caurie Swinger. -You may proceed to the stand.
1017
00:47:34,811 --> 00:47:37,814
[Judge] You may proceed over here
1018
00:47:34,811 --> 00:47:37,814
to the witness stand.
1019
00:47:56,290 --> 00:48:00,628
Mr. Swinger, do you recall being in the city of Paterson
1020
00:48:00,670 --> 00:48:04,881
-on July 5th, 2014? -Yes.
1021
00:48:04,923 --> 00:48:07,802
[Paul] Do you recall being arrested at a house
1022
00:48:07,844 --> 00:48:09,804
in the city of Paterson on about that day?
1023
00:48:09,846 --> 00:48:14,058
-Yes. -Ultimately, the charges
1024
00:48:09,846 --> 00:48:14,058
you plead guilty to,
1025
00:48:14,099 --> 00:48:17,144
-were they possession of CVS? -Yes.
1026
00:48:17,186 --> 00:48:18,813
-Third degree? -Yes.
1027
00:48:18,855 --> 00:48:21,148
-And animal cruelty fourth degree?
1028
00:48:18,855 --> 00:48:21,148
-Yes.
1029
00:48:21,190 --> 00:48:23,359
Did you receive probation for this charge?
1030
00:48:23,401 --> 00:48:25,403
An agreement that you will be receiving probation?
1031
00:48:25,444 --> 00:48:26,903
-Yeah. -Did it require you
1032
00:48:26,945 --> 00:48:29,114
-to be here today to testify? -Yes.
1033
00:48:39,500 --> 00:48:42,503
[Paul] On July 5th, 2014, is this the point of view
1034
00:48:42,545 --> 00:48:44,672
-you would have had? -Yes.
1035
00:48:44,714 --> 00:48:46,340
I'll ask you to point to where you were,
1036
00:48:46,382 --> 00:48:48,300
using this picture.
1037
00:48:48,342 --> 00:48:52,179
He's indicating the back porch of Photo 3.
1038
00:48:52,221 --> 00:48:54,223
Did you notice a particular type of vehicle
1039
00:48:54,265 --> 00:48:57,142
that traveled down that got your attention?
1040
00:48:57,184 --> 00:48:59,896
-Yes. -And why did it
1041
00:48:57,184 --> 00:48:59,896
get your attention?
1042
00:48:59,936 --> 00:49:02,398
It was firing at it.
1043
00:49:02,440 --> 00:49:04,275
[Paul] Okay. They was firing at it?
1044
00:49:04,316 --> 00:49:05,984
-Yes. -Okay.
1045
00:49:07,111 --> 00:49:09,196
And what type of vehicle was this?
1046
00:49:09,238 --> 00:49:10,740
-White van. -[woman coughs]
1047
00:49:10,782 --> 00:49:12,408
-[Paul] White van? -[Caurie] Yes.
1048
00:49:12,450 --> 00:49:14,702
[Paul] How many people were firing at that van?
1049
00:49:14,744 --> 00:49:16,495
-Two. -Okay.
1050
00:49:16,537 --> 00:49:18,372
[Paul] Now do you see those people in court?
1051
00:49:18,414 --> 00:49:20,458
-Yes, with the braids. -[Paul] Okay.
1052
00:49:20,499 --> 00:49:22,460
[Judge] Identifying the defendant, Jhymiere Moore.
1053
00:49:22,501 --> 00:49:25,504
[Paul] What about the next person, the other person--
1054
00:49:25,546 --> 00:49:27,590
-Who was the other shooter? -Jeffry.
1055
00:49:27,632 --> 00:49:29,383
[Paul] What's Jeffry wearing,
1056
00:49:29,425 --> 00:49:31,427
or what does he look like today?
1057
00:49:31,469 --> 00:49:33,137
[Caurie] With the short haircut.
1058
00:49:33,178 --> 00:49:35,640
-What about the color of shirt? -[Caurie] Blue.
1059
00:49:35,681 --> 00:49:37,850
[Judge] Identifying the defendant, Jeffry Ellerbee.
1060
00:49:39,101 --> 00:49:40,853
[Paul] Can you describe what you saw?
1061
00:49:40,895 --> 00:49:43,021
One of them went in the street and started firing.
1062
00:49:43,063 --> 00:49:44,607
[Harley] I'm sorry, I can't hear him.
1063
00:49:44,649 --> 00:49:46,108
[Judge] One of them went in the street
1064
00:49:46,150 --> 00:49:48,152
-and started firing? -Yes.
1065
00:49:48,193 --> 00:49:50,028
[Judge] You said three of them
1066
00:49:48,193 --> 00:49:50,028
went in the streets?
1067
00:49:50,070 --> 00:49:52,907
No, no. I said they went in the middle of the street
1068
00:49:52,949 --> 00:49:54,408
-and started firing. -[Judge] They went in the middle
1069
00:49:54,450 --> 00:49:56,160
of the street and started firing, okay.
1070
00:49:56,201 --> 00:49:59,622
[Paul] You said Mr. Warrant Ellerbee was standing,
1071
00:49:59,664 --> 00:50:04,042
hand guns are passed off at that point.
1072
00:50:04,084 --> 00:50:05,670
The white van, did you see the white van?
1073
00:50:05,711 --> 00:50:08,673
-Yes. -Where's
1074
00:50:05,711 --> 00:50:08,673
the white van traveling?
1075
00:50:08,714 --> 00:50:10,382
[Caurie] Down Rosa Parks towards King.
1076
00:50:10,424 --> 00:50:12,927
[Paul] You said that Ellerbee and Moore,
1077
00:50:12,969 --> 00:50:15,847
-you said they had the guns? -Yes.
1078
00:50:15,888 --> 00:50:17,139
What were they doing with the guns?
1079
00:50:17,181 --> 00:50:18,724
[Caurie] Firing them.
1080
00:50:18,766 --> 00:50:20,225
[Paul] And you said they were in the street?
1081
00:50:20,267 --> 00:50:22,186
-Yes. -The van was in front of 'em?
1082
00:50:22,227 --> 00:50:23,771
-Yes. -The van was moving?
1083
00:50:23,813 --> 00:50:25,690
Yes.
1084
00:50:25,731 --> 00:50:27,733
[Paul] What was it they were running?
1085
00:50:27,775 --> 00:50:30,110
[Caurie] Running towards the van shooting.
1086
00:50:30,152 --> 00:50:31,696
Running towards the van shooting.
1087
00:50:31,737 --> 00:50:33,865
[Paul] "Running towards the van shooting."
1088
00:50:33,906 --> 00:50:37,326
Do you remember describing them to the police?
1089
00:50:37,368 --> 00:50:39,328
[Judge] Sir, I'm going to interrupt you for a second.
1090
00:50:39,370 --> 00:50:42,247
There's an issue I have to deal with.
1091
00:50:42,289 --> 00:50:46,627
We're going to take, there will be a very short break,
1092
00:50:46,669 --> 00:50:49,672
I have to address an issue that's come up.
1093
00:50:49,714 --> 00:50:51,298
[Judge] Do me a favor, put the phone
1094
00:50:51,340 --> 00:50:53,843
on top of the stand, please, all right?
1095
00:50:53,885 --> 00:50:56,971
All right. Can Council approach, please?
1096
00:50:57,013 --> 00:50:58,639
Just leave the phone there. Why don't you just
1097
00:50:58,681 --> 00:51:00,599
step outside, please?
1098
00:51:00,641 --> 00:51:03,394
Just leave the phone, leave the phone.
1099
00:51:03,435 --> 00:51:05,521
[people chattering]
1100
00:51:12,361 --> 00:51:14,363
[Judge] Someone is texting on the phone,
1101
00:51:14,405 --> 00:51:18,116
and I asked the witness now, and apparently it's him.
1102
00:51:18,158 --> 00:51:20,870
[Harley] Earlier in the trial, there was evidence
1103
00:51:20,912 --> 00:51:22,621
that came out that the gun used
1104
00:51:22,663 --> 00:51:25,332
to kill Genesis Rincon was used,
1105
00:51:25,374 --> 00:51:27,251
three months earlier to her killing,
1106
00:51:27,292 --> 00:51:28,753
in a shooting incident.
1107
00:51:28,794 --> 00:51:33,966
The person who used that gun was caught.
1108
00:51:34,008 --> 00:51:36,343
His name is Eli Hanes.
1109
00:51:36,385 --> 00:51:39,889
Today, the state's star witness, it's discovered
1110
00:51:39,931 --> 00:51:42,140
that he's texting while on the stand.
1111
00:51:42,182 --> 00:51:44,852
He texted someone saying, "Eli is here."
1112
00:51:44,894 --> 00:51:47,813
And the response came back, "What's Eli doing there?"
1113
00:51:47,855 --> 00:51:51,984
Which leads us to conclude only one thing.
1114
00:51:53,694 --> 00:52:00,576
Calvary Swinger testified today under the pressure
1115
00:52:00,618 --> 00:52:03,412
of pointing the finger at my client
1116
00:52:03,454 --> 00:52:09,585
because he knows that Eli Hanes is the true killer.
1117
00:52:11,587 --> 00:52:13,714
[Judge] We're going to recess at this time.
1118
00:52:13,756 --> 00:52:17,802
[Harley] Today, I would say we received what I like to call
1119
00:52:17,843 --> 00:52:19,887
a nugget, a golden nugget.
1120
00:52:19,929 --> 00:52:22,098
If I'm successful in using
1121
00:52:22,138 --> 00:52:24,600
and implementing that nugget,
1122
00:52:24,642 --> 00:52:26,685
then I'm hopeful that the jury will use
1123
00:52:26,727 --> 00:52:29,229
that bit of information in my favor--
1124
00:52:29,271 --> 00:52:30,982
in my client's favor--
1125
00:52:31,023 --> 00:52:33,776
when they deliberate as to whether or not my client
1126
00:52:33,818 --> 00:52:35,527
committed this crime.
1127
00:52:35,569 --> 00:52:37,237
[people chattering]
1128
00:52:37,279 --> 00:52:39,657
[Harley] All right, how we doing tonight, all right?
1129
00:52:39,698 --> 00:52:41,617
-[light cheering] -[woman] All right!
1130
00:52:41,659 --> 00:52:43,494
All right, I want to thank everybody for coming
1131
00:52:43,535 --> 00:52:45,830
to our annual St. Paddy's Day party.
1132
00:52:45,871 --> 00:52:49,000
[Harley] I have a charity, it's called Harley's Kids.
1133
00:52:49,041 --> 00:52:52,795
And, I guess, for the last 25 years,
1134
00:52:52,837 --> 00:52:55,089
I started with 32 mentally
1135
00:52:55,131 --> 00:52:57,257
and physically challenged children,
1136
00:52:57,299 --> 00:52:59,510
and right now, I've built it up,
1137
00:52:59,551 --> 00:53:02,346
with the help of other people, of course, to 200.
1138
00:53:02,387 --> 00:53:03,889
So I have 200 kids,
1139
00:53:03,931 --> 00:53:06,684
and I have parties
1140
00:53:06,725 --> 00:53:08,019
every two, three months.
1141
00:53:08,060 --> 00:53:10,186
We make an occasion.
1142
00:53:10,228 --> 00:53:12,230
We have a St. Paddy's Day party.
1143
00:53:12,272 --> 00:53:14,859
We have a Halloween party, a Christmas party.
1144
00:53:14,900 --> 00:53:16,527
Things like that.
1145
00:53:16,568 --> 00:53:18,445
We come up with an excuse to have parties.
1146
00:53:21,699 --> 00:53:24,242
Yeah, usually I take two at a time bowling.
1147
00:53:24,284 --> 00:53:27,705
Let me show you amateurs how it's done.
1148
00:53:27,746 --> 00:53:29,331
I'm just saying, if you miss this,
1149
00:53:29,373 --> 00:53:32,292
you might lose the whole game. No pressure.
1150
00:53:32,334 --> 00:53:34,461
[Harley] I usually take Scott Donkersleugh.
1151
00:53:34,503 --> 00:53:36,964
I've known Scott at least 25 years.
1152
00:53:40,092 --> 00:53:43,679
And we usually bring Joey.
1153
00:53:43,721 --> 00:53:45,723
He's got severe down syndrome.
1154
00:53:45,764 --> 00:53:47,975
In fact, you can't understand what he says.
1155
00:53:48,017 --> 00:53:49,225
Nobody can.
1156
00:53:50,686 --> 00:53:52,437
[Harley] Oh no, come on.
1157
00:53:57,151 --> 00:53:58,694
[Harley] Those kids bring me several things.
1158
00:53:58,736 --> 00:54:01,113
One, they remind me I'm blessed.
1159
00:54:01,155 --> 00:54:02,698
So it calms me.
1160
00:54:02,740 --> 00:54:04,783
I realize that as bad a day as I'm having,
1161
00:54:04,825 --> 00:54:06,660
I'm still blessed.
1162
00:54:06,702 --> 00:54:09,413
Two, it reminds me that there are some people out there
1163
00:54:09,454 --> 00:54:11,289
who like me for me.
1164
00:54:11,331 --> 00:54:13,625
They just like me, Harley, the guy.
1165
00:54:13,667 --> 00:54:17,129
They remind me that there's so much goodness out there,
1166
00:54:17,171 --> 00:54:21,050
despite the disadvantages and the tragedies.
1167
00:54:21,092 --> 00:54:24,053
The injustice of the universe is far more
1168
00:54:24,095 --> 00:54:26,847
than the injustice of any court system.
1169
00:54:26,889 --> 00:54:30,517
[ethereal theme playing]
1170
00:54:43,697 --> 00:54:45,783
[people chattering]
1171
00:55:08,139 --> 00:55:10,724
[indistinct conversation]
1172
00:55:10,766 --> 00:55:13,269
[Judge] Mr. Breite, closing arguments.
1173
00:55:22,694 --> 00:55:25,656
Now, ladies and gentlemen, let me begin by saying
1174
00:55:25,697 --> 00:55:29,868
that in a criminal trial, sometimes there's a moment.
1175
00:55:29,910 --> 00:55:32,746
Not only has every piece of evidence presented
1176
00:55:32,788 --> 00:55:35,249
by the prosecution been discredited
1177
00:55:35,291 --> 00:55:36,959
or rendered meaningless,
1178
00:55:37,001 --> 00:55:39,544
we have also shown that there is
1179
00:55:39,586 --> 00:55:42,798
a far more believable suspect in this killing
1180
00:55:42,840 --> 00:55:45,259
who is not on trial here.
1181
00:55:46,510 --> 00:55:47,803
We know who that is.
1182
00:55:47,845 --> 00:55:50,055
That's Eli Hunt.
1183
00:55:50,097 --> 00:55:55,393
He used the gun that killed Genesis three months earlier,
1184
00:55:55,435 --> 00:55:57,896
and then showed up here in court to make sure that
1185
00:55:57,938 --> 00:56:02,651
Calvary Swinger went through with his false testimony.
1186
00:56:02,693 --> 00:56:04,778
Ladies and gentlemen, a trial is a search
1187
00:56:04,820 --> 00:56:06,613
for the truth, that's why we're here.
1188
00:56:06,655 --> 00:56:08,615
We want to know what really happened that night.
1189
00:56:08,657 --> 00:56:10,868
And we don't. There was lazy
1190
00:56:10,909 --> 00:56:13,120
and poor detective work.
1191
00:56:13,162 --> 00:56:16,957
What might it cost to run a fingerprint analysis
1192
00:56:16,999 --> 00:56:18,334
on the casings?
1193
00:56:20,169 --> 00:56:22,296
Who cares what it cost?
1194
00:56:22,338 --> 00:56:25,090
Justice doesn't have a price.
1195
00:56:25,132 --> 00:56:28,135
The life of that 12-year-old girl is not equated
1196
00:56:28,177 --> 00:56:31,680
with a price for running a simple fingerprint test.
1197
00:56:31,722 --> 00:56:34,058
You shouldn't tolerate an investigation
1198
00:56:34,099 --> 00:56:37,811
that fell short, whether it's due to incompetency
1199
00:56:37,853 --> 00:56:39,146
or laziness.
1200
00:56:40,605 --> 00:56:42,274
And I would ask you ladies and gentlemen,
1201
00:56:42,316 --> 00:56:44,776
when you go back into that jury room,
1202
00:56:44,818 --> 00:56:49,240
to ask yourself, is there a reasonable possibility
1203
00:56:49,281 --> 00:56:51,116
that Swinger and Carter
1204
00:56:51,158 --> 00:56:54,078
simply lied to protect themselves
1205
00:56:54,119 --> 00:56:56,121
and gain an advantage
1206
00:56:56,163 --> 00:56:58,374
with the extremely serious crimes
1207
00:56:58,414 --> 00:57:00,542
they were each facing?
1208
00:57:00,584 --> 00:57:02,711
If there's a reasonable possibility
1209
00:57:02,753 --> 00:57:06,090
that they were lying, then there's reasonable doubt,
1210
00:57:06,131 --> 00:57:10,219
and the verdict must be, must be not guilty.
1211
00:57:11,720 --> 00:57:14,139
-Thank you. -[Judge] Thank you, Mr. Breite.
1212
00:57:15,515 --> 00:57:18,143
All right, Mr. Prosecutor, closing statements.
1213
00:57:24,566 --> 00:57:26,235
[Paul] Ladies and gentlemen, this case
1214
00:57:26,277 --> 00:57:29,905
comes down to Calvary Swinger and Keyshawn Parton.
1215
00:57:29,947 --> 00:57:36,453
Their statements, I submit, are truthful, reliable,
1216
00:57:36,494 --> 00:57:39,206
and credible based on other things that we have shown.
1217
00:57:39,248 --> 00:57:40,999
We talk about deals given,
1218
00:57:41,041 --> 00:57:45,170
deals taken, the dogs, the drugs.
1219
00:57:45,212 --> 00:57:46,964
That deal had to be done.
1220
00:57:47,005 --> 00:57:49,591
And unfortunately, in Paterson,
1221
00:57:49,633 --> 00:57:52,719
in that area where the homicide happened,
1222
00:57:52,761 --> 00:57:54,512
these are the witnesses you get.
1223
00:57:54,554 --> 00:57:56,681
These are the witnesses that you have.
1224
00:57:56,723 --> 00:57:58,516
They are people from the street,
1225
00:57:58,558 --> 00:58:01,519
they live out there, they try to raise families out there.
1226
00:58:01,561 --> 00:58:04,315
They deal drugs out there.
1227
00:58:04,356 --> 00:58:08,152
And they shoot weapons.
1228
00:58:08,193 --> 00:58:10,862
And you know why Eli's here?
1229
00:58:14,116 --> 00:58:16,743
Because these guys ended up getting that weapon,
1230
00:58:16,785 --> 00:58:18,829
getting that first weapon, community handgun,
1231
00:58:18,870 --> 00:58:20,580
a shared handgun.
1232
00:58:20,622 --> 00:58:24,168
Eli Hines was never arrested with a handgun.
1233
00:58:24,209 --> 00:58:27,212
He never had a handgun that was taken off his possession
1234
00:58:27,254 --> 00:58:28,964
because he got rid of it.
1235
00:58:29,006 --> 00:58:31,383
You don't throw a perfectly good handgun in the river.
1236
00:58:31,425 --> 00:58:33,927
You sell it, you give it away. That's the game.
1237
00:58:33,969 --> 00:58:35,471
Don't get caught with it twice.
1238
00:58:36,847 --> 00:58:39,057
I want to thank you for your paying attention.
1239
00:58:39,099 --> 00:58:40,684
Once again, I think, beyond a reasonable doubt,
1240
00:58:40,725 --> 00:58:42,644
the state has proven its case and I ask you
1241
00:58:42,686 --> 00:58:45,689
to return a verdict on each and every one of those charges
1242
00:58:45,730 --> 00:58:47,941
in the affirmative, guilty.
1243
00:58:47,983 --> 00:58:49,943
-Thank you. -Thank you, Mr. DeGroot.
1244
00:58:49,985 --> 00:58:52,154
[Judge] All right, ladies and gentlemen,
1245
00:58:52,196 --> 00:58:54,698
we come to the end of the day,
1246
00:58:54,739 --> 00:58:57,368
the only thing left for me to do is to charge you,
1247
00:58:57,409 --> 00:58:58,743
that's gonna take about an hour.
1248
00:58:58,785 --> 00:59:00,245
So what I'm going to do now is,
1249
00:59:00,287 --> 00:59:01,955
I'm going to recess for the day.
1250
00:59:01,997 --> 00:59:04,708
[people chattering]
1251
00:59:07,044 --> 00:59:11,173
[melancholy theme playing]
1252
00:59:59,846 --> 01:00:02,224
How are the other kids doing?
1253
01:00:02,266 --> 01:00:05,310
-Taken? -My kids are horrible.
1254
01:00:05,352 --> 01:00:10,148
Because I guess it's hard because they know
1255
01:00:10,190 --> 01:00:12,443
the type of person that Jeffry is,
1256
01:00:12,484 --> 01:00:16,488
and as far for them to explain to them
1257
01:00:16,530 --> 01:00:18,031
what actually happened...
1258
01:00:18,073 --> 01:00:19,491
I mean, they talk to Jeffry every day,
1259
01:00:19,533 --> 01:00:21,368
but it's not the same.
1260
01:00:21,410 --> 01:00:23,954
They're used to Jeffry being at the basketball games
1261
01:00:23,995 --> 01:00:26,873
and they're really close.
1262
01:00:26,915 --> 01:00:29,000
He would never do that.
1263
01:00:31,086 --> 01:00:33,338
But I'm hoping, I'm praying.
1264
01:00:34,672 --> 01:00:36,550
That's why, I guess, right now,
1265
01:00:36,592 --> 01:00:39,177
that's all we have, is because like,
1266
01:00:39,219 --> 01:00:45,225
like I said, sometimes, we're forgotten in the background.
1267
01:00:45,267 --> 01:00:49,480
I mean, they're going through their whole new issues
1268
01:00:49,521 --> 01:00:51,523
and back and forth and everything,
1269
01:00:51,565 --> 01:00:54,234
but nobody really takes that consideration
1270
01:00:54,276 --> 01:00:55,944
and says, "You know what?
1271
01:00:55,986 --> 01:00:59,114
"We need to come to something, the parents can't keep
1272
01:00:59,156 --> 01:01:02,576
"going through, the parents can't keep losing work,
1273
01:01:02,618 --> 01:01:04,286
they can't keep," you know?
1274
01:01:04,328 --> 01:01:06,830
I told my mother, I said, because I said
1275
01:01:06,871 --> 01:01:09,500
I look to her every day, I see your pain every day,
1276
01:01:09,541 --> 01:01:11,460
and I told my mother, I said I had to say something
1277
01:01:11,502 --> 01:01:15,172
because I really do feel bad, I really do.
1278
01:01:15,213 --> 01:01:17,090
We as parents, our kids really don't know
1279
01:01:17,132 --> 01:01:20,552
what we do for them, they don't know what headaches
1280
01:01:20,594 --> 01:01:24,640
we have in our heads and how we try to give them
1281
01:01:24,681 --> 01:01:27,267
the best, even that,
1282
01:01:27,309 --> 01:01:31,188
even if we can't give the best, we go there.
1283
01:01:31,229 --> 01:01:34,525
Because this was a shock to me, and I told Jeffry,
1284
01:01:34,566 --> 01:01:36,860
"If you have to go to jail for this,
1285
01:01:36,901 --> 01:01:38,903
you just have to deal with the consequences."
1286
01:01:38,945 --> 01:01:43,741
I mean, at the end of the day, I said, "I'm still gonna
1287
01:01:43,783 --> 01:01:47,329
be your mother, at the end of the day, I'm still..."
1288
01:01:47,371 --> 01:01:48,955
Gonna be there for you.
1289
01:01:48,997 --> 01:01:50,666
Yeah, but I said, "At the end of the day,
1290
01:01:50,707 --> 01:01:53,544
"they lost their daughter, so you just have to have
1291
01:01:53,585 --> 01:01:55,753
some kind of compassion for that."
1292
01:01:57,422 --> 01:01:58,965
Yeah.
1293
01:02:00,592 --> 01:02:02,553
He said he understands.
1294
01:02:06,306 --> 01:02:09,976
I don't hate them, 'cause I don't.
1295
01:02:10,018 --> 01:02:11,436
I'm just mad.
1296
01:02:11,478 --> 01:02:13,647
[melancholy theme playing]
1297
01:02:19,152 --> 01:02:21,112
[crying]
1298
01:02:24,491 --> 01:02:26,159
[sobbing]
1299
01:02:33,709 --> 01:02:38,380
[Janny] Whether they go to jail or not,
1300
01:02:38,422 --> 01:02:40,507
I can't see her, I can't talk to her,
1301
01:02:40,549 --> 01:02:43,885
I can't hug her, I can't hear her calling me Mommy anymore.
1302
01:02:43,927 --> 01:02:45,011
Because it's never gonna happen.
1303
01:02:45,053 --> 01:02:46,971
I like chicken.
1304
01:02:47,013 --> 01:02:48,473
[Janny] When Genesis passed away,
1305
01:02:48,515 --> 01:02:51,017
-they took half of her. -[laughter]
1306
01:02:51,059 --> 01:02:53,811
I have never seen a bond like that with two sisters.
1307
01:02:53,853 --> 01:02:56,356
Chillin' with Grandma.
1308
01:02:56,398 --> 01:02:57,608
Do I look like your grandmother?
1309
01:02:57,649 --> 01:02:59,192
[laughter]
1310
01:02:59,234 --> 01:03:00,985
[Genesis] You look old.
1311
01:03:01,027 --> 01:03:03,363
-Your momma. -Your momma.
1312
01:03:03,405 --> 01:03:05,282
-I'm telling Mom. -[Golda] No!
1313
01:03:05,323 --> 01:03:07,951
-Mom, Golda said you're old! -[Golda] No, I didn't.
1314
01:03:07,992 --> 01:03:10,245
[bailiff] If anyone pulls out their cell phones,
1315
01:03:10,287 --> 01:03:13,206
they will be confiscated and they will be kicked out.
1316
01:03:13,248 --> 01:03:14,999
[people chattering]
1317
01:03:47,157 --> 01:03:48,825
[bailiff] Remain seated.
1318
01:03:54,498 --> 01:03:58,752
So we have 12 jurors seated.
1319
01:03:58,794 --> 01:04:03,131
The jury, I reviewed your note and I think your message
1320
01:04:03,173 --> 01:04:04,508
to the court has been clear.
1321
01:04:04,549 --> 01:04:07,344
I just want to ask the foreperson,
1322
01:04:07,385 --> 01:04:09,053
I want to ask you a question.
1323
01:04:09,095 --> 01:04:11,431
Foreperson, do you feel that further deliberations
1324
01:04:11,473 --> 01:04:13,933
would be beneficial, do you feel you've reached a point
1325
01:04:13,975 --> 01:04:15,644
in which further deliberations
1326
01:04:15,686 --> 01:04:17,688
-would be futile? -[woman] I do.
1327
01:04:17,729 --> 01:04:20,732
-You feel that they would be futile?
1328
01:04:17,729 --> 01:04:20,732
-Yeah.
1329
01:04:21,775 --> 01:04:23,193
[Judge] Considering all of that,
1330
01:04:23,234 --> 01:04:24,695
I find the determination
1331
01:04:24,736 --> 01:04:26,613
of this trial is necessary because the jury
1332
01:04:26,655 --> 01:04:28,865
has failed to agree upon a verdict
1333
01:04:28,906 --> 01:04:31,660
within a reasonable time,
1334
01:04:31,702 --> 01:04:34,496
after reasonable time for a deliberation has been allowed.
1335
01:04:34,538 --> 01:04:36,623
I'm going to declare a mistrial.
1336
01:04:36,665 --> 01:04:38,542
[people murmuring]
1337
01:04:41,294 --> 01:04:42,920
[Judge] Ladies and gentlemen of the jury, the function
1338
01:04:42,962 --> 01:04:44,964
you have performed is one of the most important
1339
01:04:45,006 --> 01:04:49,093
civic duties which you will ever be called upon to fulfill.
1340
01:04:49,135 --> 01:04:51,929
With the declaration of a mistrial in this matter,
1341
01:04:51,971 --> 01:04:54,015
your service is now complete.
1342
01:04:54,057 --> 01:04:57,644
On a personal note, every day I see how citizens
1343
01:04:57,686 --> 01:04:59,855
such as you respond to the responsibility,
1344
01:04:59,896 --> 01:05:02,440
the decision making that is jury service.
1345
01:05:02,482 --> 01:05:05,569
It is truly remarkable witnessing that reality.
1346
01:05:05,610 --> 01:05:07,738
And I say that even though you didn't reach a verdict.
1347
01:05:07,779 --> 01:05:09,698
I know how hard you worked at this case.
1348
01:05:09,740 --> 01:05:12,617
We've been at this case for over two months.
1349
01:05:12,659 --> 01:05:14,536
So with that, I now discharge you with
1350
01:05:14,578 --> 01:05:17,414
the sincerest of thanks of all of us
1351
01:05:17,455 --> 01:05:20,250
who serve in our court system, you're now free to go.
1352
01:05:20,291 --> 01:05:22,711
I wish everybody the best.
1353
01:05:45,149 --> 01:05:46,860
[people chattering]
1354
01:05:46,902 --> 01:05:49,153
A hung jury, it's like, it's a non-decision.
1355
01:05:49,195 --> 01:05:51,531
It's not a decision.
1356
01:05:51,573 --> 01:05:53,366
So the charges are still there.
1357
01:05:53,408 --> 01:05:55,159
Now, in theory, we could...
1358
01:05:55,201 --> 01:05:57,621
These boys still got to sit in jail.
1359
01:06:00,874 --> 01:06:05,462
While we are elated at the result of a mistrial,
1360
01:06:05,503 --> 01:06:10,049
it in no way diminishes the tragedy that the family
1361
01:06:10,091 --> 01:06:12,051
of the victim still has to endure.
1362
01:06:17,098 --> 01:06:19,267
Immediately after Jhymiere was arrested,
1363
01:06:19,309 --> 01:06:23,146
and incarcerated for the murder of Genesis Rincon,
1364
01:06:23,187 --> 01:06:26,775
he was then also charged with another murder case,
1365
01:06:26,817 --> 01:06:30,027
and that entire case, the police investigated
1366
01:06:30,069 --> 01:06:32,614
my client, believed he had nothing to do with it,
1367
01:06:32,656 --> 01:06:35,283
and left him out of it, and now, lo and behold,
1368
01:06:35,325 --> 01:06:38,286
they indict him on that murder case.
1369
01:06:38,328 --> 01:06:40,664
Very, very curious circumstances.
1370
01:06:40,705 --> 01:06:43,374
-Processing what's going on? -Yes, ma'am.
1371
01:06:43,416 --> 01:06:45,209
[man] Do you know how long you'll be going away for?
1372
01:06:45,251 --> 01:06:47,671
[Harley] So he'd have to win two trials in order
1373
01:06:47,712 --> 01:06:49,547
to walk away scot free.
1374
01:06:49,589 --> 01:06:52,049
Trials are risky businesses.
1375
01:06:52,091 --> 01:06:54,302
And anything can happen at a trial,
1376
01:06:54,344 --> 01:06:57,305
and even though he felt empowered in one sense
1377
01:06:57,347 --> 01:07:00,016
by the hung jury, he was smart enough to know
1378
01:07:00,057 --> 01:07:02,059
that it's not a guarantee next time.
1379
01:07:03,102 --> 01:07:04,354
In the end,
1380
01:07:04,395 --> 01:07:06,314
we were able to come to a deal,
1381
01:07:06,356 --> 01:07:10,360
in which Jhymiere pled to 20 years.
1382
01:07:10,401 --> 01:07:13,154
He would have to serve 85% of that time,
1383
01:07:13,196 --> 01:07:16,574
so 17 years, before he can apply for parole.
1384
01:07:16,616 --> 01:07:17,993
He's been in for three,
1385
01:07:18,034 --> 01:07:19,786
so he gets credit for all of that.
1386
01:07:19,828 --> 01:07:22,079
So he'll be out in 14 years.
1387
01:07:22,121 --> 01:07:23,957
He'll be 36 years old.
1388
01:07:23,999 --> 01:07:26,626
He can resume his life with his, right now he has
1389
01:07:26,668 --> 01:07:30,129
a three year old son, he can marry, he can go to college,
1390
01:07:30,171 --> 01:07:33,925
he can have a life, and he ultimately decided that
1391
01:07:33,967 --> 01:07:36,803
pleading to being responsible for the death
1392
01:07:36,845 --> 01:07:40,974
of Genesis Rincon and Raji Clark was in his best interest.
1393
01:07:42,475 --> 01:07:46,563
He went in an open forum, took an oath to tell
1394
01:07:46,604 --> 01:07:49,106
the truth and said, "I shot the bullet
1395
01:07:49,148 --> 01:07:52,068
that killed that girl."
1396
01:07:52,109 --> 01:07:55,030
Somewhere, the truth exists.
1397
01:07:59,450 --> 01:08:02,203
[Genesis] Hey, everyone, it's Genesis, and I want to wish
1398
01:08:02,245 --> 01:08:04,080
you all a happy Easter.
1399
01:08:04,121 --> 01:08:09,502
Today is Sunday and the 20th, which is nearly Easter.
1400
01:08:10,628 --> 01:08:11,922
♪ They say it was the straight ♪
1401
01:08:11,963 --> 01:08:14,049
♪ But it didn't have a name ♪
1402
01:08:14,090 --> 01:08:16,217
♪ But that was called my family and things aren't the same ♪
1403
01:08:16,259 --> 01:08:19,012
♪ I remember when I first found out, I almost went insane ♪
1404
01:08:19,054 --> 01:08:22,265
♪ All the pain and all the agony, is too much to explain ♪
1405
01:08:22,306 --> 01:08:24,893
♪ She was riding on a scooter around Independence Day ♪
1406
01:08:24,935 --> 01:08:26,352
♪ Now she's riding in the heavens ♪
1407
01:08:26,394 --> 01:08:28,271
♪ She's very far away ♪
1408
01:08:28,312 --> 01:08:30,815
♪ I'll give it away, just so I can see her face ♪
1409
01:08:30,857 --> 01:08:33,818
♪ But deep down in my heart I know you in a better place ♪
1410
01:08:33,860 --> 01:08:36,487
♪ Got needed Him an angel so He had to pick the best ♪
1411
01:08:36,529 --> 01:08:39,574
♪ I took it as a curse but in reality you're blessed ♪
1412
01:08:39,616 --> 01:08:41,242
♪ Because you're flying through his kingdom ♪
1413
01:08:41,284 --> 01:08:42,911
♪ And this life you passed the test ♪
1414
01:08:42,953 --> 01:08:44,495
♪ Well I'm jotting down these words ♪
1415
01:08:44,537 --> 01:08:46,081
♪ I get this knot up in my chest ♪
1416
01:08:46,122 --> 01:08:47,665
♪ Because knowing you not hearing me ♪
1417
01:08:47,707 --> 01:08:49,084
♪ Leaves me blinded, full of stress ♪
1418
01:08:49,125 --> 01:08:50,293
♪ They say that you're a legend ♪
1419
01:08:50,334 --> 01:08:52,295
♪ More and nothing less ♪
1420
01:08:52,336 --> 01:08:54,422
♪ I wish it was a nightmare, and it could all just go away ♪
1421
01:08:54,464 --> 01:08:57,341
♪ But I'm forced to see reality every single day ♪
1422
01:08:57,383 --> 01:08:58,927
♪ Where the fuck is all the tough cops ♪
1423
01:08:58,969 --> 01:09:00,428
♪ That killing let us pray? ♪
1424
01:09:00,470 --> 01:09:01,805
♪ Where the fuck is all the heroes ♪
1425
01:09:01,846 --> 01:09:03,347
♪ That plainly see the day? ♪
1426
01:09:03,389 --> 01:09:04,724
♪ We ain't got that out in Paterson ♪
1427
01:09:04,766 --> 01:09:06,142
♪ Why children got to pay? ♪
1428
01:09:06,183 --> 01:09:07,518
♪ That's why I'm riding strap ♪
1429
01:09:07,560 --> 01:09:09,520
♪ With this 40 and this gauge ♪
1430
01:09:09,562 --> 01:09:11,648
♪ All I feel is anger, but I'm fighting against my rage ♪
1431
01:09:11,689 --> 01:09:13,399
♪ Because my children need a future ♪
1432
01:09:13,441 --> 01:09:14,901
♪ And I have to pay their way ♪
1433
01:09:14,943 --> 01:09:16,360
♪ Because I know karma's a bitch ♪
1434
01:09:16,402 --> 01:09:17,862
♪ And she riding around the way ♪
1435
01:09:17,904 --> 01:09:19,447
♪ When you do dirt in this world ♪
1436
01:09:19,489 --> 01:09:22,033
♪ And this hell is where you pay ♪
1437
01:09:22,075 --> 01:09:23,743
♪ I'm just running through this world ♪
1438
01:09:23,785 --> 01:09:26,037
♪ And I feel so alone without you ♪
1439
01:09:26,079 --> 01:09:28,289
♪ Until we meet again ♪
1440
01:09:28,331 --> 01:09:30,333
♪ I know this is not the end ♪
1441
01:09:30,374 --> 01:09:32,585
♪ Whoa, whoa, yeah ♪
1442
01:09:32,627 --> 01:09:34,462
[Genesis] Hey everyone, it's Genesis,
1443
01:09:34,504 --> 01:09:38,049
and today I'm going to be showing you my collection.
1444
01:09:38,091 --> 01:09:40,510
Who doesn't love collections, like, right?
1445
01:09:40,551 --> 01:09:44,055
But, let's go back to serious mode.
1446
01:09:44,097 --> 01:09:45,640
♪ In this life you had a purpose ♪
1447
01:09:45,682 --> 01:09:47,642
♪ Because you helped people survive ♪
1448
01:09:47,684 --> 01:09:49,644
♪ Donation and your organs helped save a lot of lives ♪
1449
01:09:49,686 --> 01:09:51,228
♪ You're a legend, you're a hero ♪
1450
01:09:51,270 --> 01:09:52,814
♪ You're my angel in the sky ♪
1451
01:09:52,856 --> 01:09:54,231
♪ It ain't about your race ♪
1452
01:09:54,273 --> 01:09:55,692
♪ It ain't about your pride ♪
1453
01:09:55,733 --> 01:09:57,234
♪ It's all about the youth ♪
1454
01:09:57,276 --> 01:09:59,278
♪ And keeping our children alive ♪
1455
01:09:59,320 --> 01:10:01,614
♪ And to our family's name you'll forever be alive ♪
1456
01:10:01,656 --> 01:10:02,949
♪ To the day of my demise ♪
1457
01:10:02,991 --> 01:10:04,450
♪ And my heart you stay alive ♪
1458
01:10:04,492 --> 01:10:06,077
♪ And through all this pain and chaos ♪
1459
01:10:06,119 --> 01:10:08,997
♪ Together we shall rise ♪
1460
01:10:09,039 --> 01:10:10,665
♪ I'm just riding through this world ♪
1461
01:10:10,707 --> 01:10:13,043
♪ And it feels so alone without you ♪
1462
01:10:13,084 --> 01:10:15,795
♪ Till the day we meet again ♪
1463
01:10:15,837 --> 01:10:17,755
♪ I know this is not the end ♪
1464
01:10:17,797 --> 01:10:19,799
♪ Whoa, whoa, yeah ♪♪
1465
01:10:19,841 --> 01:10:22,093
Hey everyone, this is Genesis, and today,
1466
01:10:22,135 --> 01:10:23,887
I'm going to be doing a shout out video.
1467
01:10:23,928 --> 01:10:26,973
I know the lighting is very bad. I'm in my room.
1468
01:10:27,015 --> 01:10:29,767
It's about 10 o'clock in the morning.
1469
01:10:29,809 --> 01:10:34,522
And the lights are off, so I just want to make this video.
1470
01:10:34,564 --> 01:10:39,027
This shout out video to my friend Rosanna, so--
1471
01:10:39,069 --> 01:10:40,945
[Golda] Stop! Edit!
105954
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