All language subtitles for Law.and.Order.S14E15.Veterans.Day.1080p.AMZN.WEB-DL.DDP5.1.H.264-playWEB_track3_[eng]

the people are represented
the people are represented

by two separate
yet equally important groups:

the police,
who investigate crime,

and the district attorneys,
who prosecute the offenders.

These are their stories.

Feels like the city's getting
dirtier by the minute.

Budget crunch,
what do you expect?

I never thought I'd say
this, but I miss Giuliani.

Bite your tongue.

Oh, yeah.
Look at this guy.

Geez, he doesn't
look very good.

Hey, kid, you all right?

Is he breathing?

Call 911.
I don't feel a pulse.

He was strangled.

When did it happen?

Sometime within
the last four hours.

So about the same time
as the snow started?

What makes you think
he was choked to death?

Petechial hemorrhages.

Strangulation,
until proven otherwise.

Autopsy will confirm
one way or the other.

I don't see any
marks or bruises.

Skin's got to dry out for
ligature marks to really pop.

May not show up
till tomorrow.

Any I.D.?

Over there.

Hey, yo!

Hey, man,
what you got?

Contents of the pockets.

No wallet,
but we're still looking.

House keys, spare change,
fresh pack of smokes.

That's one way
to kick the habit.

Captioning sponsored by
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...AND BROUGHT TO YOU BY
THE STYLISH 2004 TOYOTA CAMRY.

GET THE FEELING.

this .

Could be off the killer's cuff.

It's a white button
and white thread.

Looks pretty generic.

Well, if the killer had
him in a chokehold...

He bit it off
trying to escape?

He was being strangled to death.
How would he manage that?

He could still swallow.
Huh?

Look, your garden variety,
two-handed chokehold

severely compresses the neck.

It prevents oxygen from
reaching the lungs.

Right-- if you can't breathe,
you can't swallow.

Right. But this one...

applies just enough pressure

to block venous outflow
from the brain.

Meanwhile, the carotids
are still pumping blood in.

You keep that up
for four or five seconds,

blood floods the brain,

the capillaries start
exploding like popcorn.

Four or five seconds.

Correct.

Somebody knew what he was doing.

Well, you could pick up
this move a lot of places.

Martial arts training,
the military...

Mm-hmm. Law enforcement.

Back in the day, we called it

the sleeper-hold.

Used it to restrain suspects.

Trouble is, it put some of them
to sleep for good.

Tell me we have an I.D.

Mm-hmm. The vic's name
is Brian Teague.

BCI had his prints on file.

I love it when their
fingers do the talking.

Well, in Teague's case,
they couldn't shut up.

Four collars
for disturbing the peace,

one for assault, another one
for resisting arrest.

Well, maybe he just
mouthed off once too often.

It doesn't feel like
a street fight to me.

He didn't have
any other injuries.

His wallet's missing.
Somebody could have jumped him.

The lab's examining that button.

They told us
not to hold our breath

unless we get them a suspect
and the shirt off his back.

Okay, so where's
that leave us?

With the last known address.

Sorry to hear about Brian.

Most of the tenants here
are students--

pains in the asses,
I can tell you that.

We heard Teague had a rep
for acting up.

No, he was one of the nicer ones. Always
said hello.

A lot of these other kids
make like I'm invisible.

My lot in life
to clean up after them.

Who's this?

Don't know her name.

Seen her coming and
going a few times.

Girlfriend, maybe?

I don't get involved.

Hey, no wonder Teague
had that rap sheet.

He's been disturbing the peace
fighting for it.

There's a whole bunch
of rally fliers here.

New Yorkers for Peace.

Bring our Troops Home Now
Coalition.

Kid tried to get me
to sign a petition.

Did you?
Like I said...

Yeah, I know.
You don't get involved.

Hey.
Incoming messages.

Bri, it's Rahana.

I'm here waiting for you.

Where the hell are you?

It's me again.

I'm going home.
See you tomorrow.

Rahana. Is that
an Indian name?

Sounds Indian to me.

"See you tomorrow."

That protest is today.

We met at a WTO demonstration.

Brian was a chain smoker.

I was trying to quit.

He was so cute,
I couldn't resist.

I bummed a smoke off him.

One thing led to another.

You were boyfriend
and girlfriend?

We were more than that.
We were soul mates.

What about yesterday?
Were you two together?

We were at the Handleton
demonstration.

Handleton?
The construction company.

The one making billions
in Iraq and Afghanistan.

I mean, that's the reason
why these wars started.

Really, I thought it was 9/11
and 3,000 dead Americans.

So where were these
demonstrations?

Outside the CEO's townhouse
on King Street.

How long were you there?
Till about 3:00.

The cops came
and cleared us out.

We got separated.

We were supposed to meet
back at the car at 6:00,

but Brian never showed.

The car?

The only keys they found on him
were his house keys.

His parents' car,
actually.

How about I call in a BOLO.

What kind of car?

It's a black SUV-- Lexus.

I'm going
to have them

call impound
and check repair shops.

Maybe they towed the car.

Where were the police?

Too busy protecting
the CEO of Handleton.

We're very sorry for
your loss, Mrs. Teague.

Actually, the murder
took place

several hours
after the protest,

so the police and
the demonstrators

had already
left the scene.

Any witnesses?

Any idea what happened?

Not so far.

Can you think of anybody
we should talk to?

What do you mean?

Well, Mrs. Teague,
your son had a history of--

how should I put it--
confrontation.

We taught him to
speak his mind.

To stand up for
what he believed in.

In a pretty
aggressive manner.

Disorderly conduct, assault...

No, no, no.

Civil disobedience.

Brian never hurt anyone.

Are you blaming Brian
for what happened?

No, no, not at all.

I'm just saying that maybe
somebody took exception,

somebody he tangled with
in the past.

I can't think of anyone,
honestly.

We think the murder took place
near where he parked the car

and the killer may have used it
to flee the scene,

so, if we could locate
your car...

A copy of

the registration is in my study.

I'll be right back.

I'm thinking we ought to
re-canvass the crime scene.

Why, what'd we miss?

Well, the girl said the
kid was a heavy smoker.

He was found with
an unopened pack.

Oh, you're thinking
he bought them that day.

Hopefully, in that
neighborhood.

I didn't sell this kid
any cigarettes.

How can you be so sure?

I told him to get lost.

He was fighting
with this other guy.

They were knocking off
all my magazines.

I told them to take hike--
the both of them.

Did you get a good look
at the other guy?

Yeah, sure.
He's my mailman.

This is his route.
I see him every day.

I wouldn't call it a fight.

What would you call it?

A disagreement.

Okay.

So what was the
disagreement about?

Well, the jerk wants to rag on
America, it's a free country.

Hey, I fought
for the right to be stupid,

but these kids, you know,

they're blocking
all the foot traffic.

I've got a 70-pound cart
and a load to deliver.

So, what, you tell him to get
the hell out of the way?

No, I asked him to step aside
very politely, you know?

And the kid tells me
to go screw myself.

Yeah, that was part
of the disagreement.

But it didn't end there.

Look, I tried
walking down the block.

The kid followed me,
talking all kinds of trash.

I was about to call
my supervisor...

So why didn't you?

This cop, you know,
he broke it up.

He was about to let us both go,

but the kid...
just wouldn't quit.

Before I know it,

the cop's shoving him
in the back of his squad car.

For what?
For talking back?

Nope-- for giving
the cop the bird.

I would've slapped the cuffs
on him too.

I wonder why we didn't find
a record of this arrest

when we pulled Teague's file.

It just happened yesterday.

Maybe he's slow
on his paperwork.

Yeah, maybe.

Maybe he just drove
the kid around the block

to scare him,
and then let him go.

Uh-huh. Maybe.

Right-- you think
this cop choked Teague?

Well, like you said, this sleeper-hold is
an old academy move.

Yeah, and it's been banned
since Lindsay was mayor.

I mean, Teague was killed hours
after the cop arrested him.

Okay, so I'm wondering what
happened in between.

We had about five guys working
that rally.

Three in plainclothes,
two in uniform.

That's all.

I mean, we were talking
to one of the protesters.

She made it sound like
the march on Washington.

Yeah, right.

A couple of dozen
of these college kids

with nothing better to do.

Wish I had that
kind of free time.

Hey, the two uni's--
they got names?

We got a problem here?

One of them broke up a fight between one
of the protesters and a mail carrier.

Oh, that... yeah.

Officer's name is Jeff Dawson.

You know, that kid?

What a royal pain in the ass.

But wait... he made
it to the precinct?

All the way
to a holding cell.

Wouldn't shut up for a single
second, hollering for a lawyer.

We didn't see a
record of his arrest.

Because I voided it.

Why?

Couple of months back, Dawson
detains a few demonstrators.

Forgot to let them
use the john.

ACLU filed a lawsuit.

Hey, I didn't want him
working that protest.

Just somebody else
banged in sick.

So you cut Teague loose?

Kid threatened to file
a CCRB over nothing.

So I tried
to smooth things over--

even arranged
for that little twerp

to get a ride
back to his car.

I hope you didn't give
that assignment to Dawson.

I look like an idiot,
Detective?

Dawson's head
was already full of steam

about letting that kid go.

I sent an RMP to take him back.

What do you want me to say?

You sure you dropped the kid off?

Why would I lie?

Well, to cover
for your buddy Dawson.

Or maybe you're covering for
yourself.

You think I killed him?

you're too young to know the
chokehold that killed the kid,

and B: you're too short
to use it, even if you did.

And what's C? I'm a woman?

I wasn't going
to say that.

You think
I shouldn't be a cop?

You old schoolers
are all alike.

All I'm saying is
maybe you saw what went down.

I wasn't with Jeff...
but I know him.

He wouldn't do something
like this.

All right, so why don't
you tell us what happened?

I was pulling out, giving the
kid a ride back to the car.

Jeff taps on the window,
hops in.

We get there, Jeff says he wants a few
minutes alone with the guy.

He say why?

You know,
explain the facts of life.

So he gets out,
opens the back door,

pulls the kid out,
walks him around the corner...

A few minutes later,
he comes back, he's laughing.

He says he really messed up
the kid's car.

I think he did
a little bit more then that.

Richard Haulk.

Jeff Dawson?

Listen, I got to testify against
a Wall Streeter

who made a right on red
at Park Avenue.

You mind if we chat after?

You know what,

I'm not saying anything
till I talk to my delegate.

What makes you
think we're IA?

Kid filed a complaint, right?

He couldn't.

Oh, so you're not IA?

Nope. Homicide.

This kid's dead?

Mm-hmm.
Somebody choked him to death.

As far as we know,

you were the last person
to see him alive.

Whoa, whoa, whoa.
The only thing I'm guilty

of giving that little punk
is a civics lesson.

Okay, you want to explain that?

I told him somebody
was going to kick his can

if he didn't learn
a little respect.

Only somebody beat me to it--
they customized his car.

Customized?

Two slashed tires,

they scratched
the driver's side door.

He says, "Oh, my Dad's
going to kill me."

Like he's a little
teenager or something.

Man, I couldn't
stop laughing.

Was he pissed.

All right, man.

You told your partner
that you scratched that car.

Yeah, sure.
I had to save face, right?

What, I went all the way down
there for nothing?

Docket Number 49804.

Listen, that's my right on red.

Are we cool?

Go ahead.

I don't particularly
like him,

but I don't particularly like
him for Teague's murder either.

He said the kid had two flats?

Yeah, two flats, one spare.

The car had to be towed.

Well, we checked impound
and every garage

in the neighborhood.

What about
the parents' neighborhood?

So what time did
he call for the tow?

About 8:30.

How long did it take you
to get there?

15, 20 minutes tops.

And he was by himself?

Yeah.
I offered him a lift.

He wasn't interested.

Said he would just
hail a cab.

Did he happen to say
where he was calling from?

Some place noisy.

Sounded like a bar to me.

Hey, Lennie.

Brian Teague's wallet.
Found it under the front seat.

Well, that's
one mystery solved.

You seen ths
guy around hee

in the last few days?

Nah. Not our clientele.

Try Paloozi's up the block.
He's a yuppie scum.

Look, man, he
wasn't slumming.

He may have come in
to use the pay phone.

His car broke down;
he needed a tow.

Sorry, it doesn't ring a bell.

Wow, he certainly rang my bell.

You saw him?

Well, sure.
Cute young guy,

got all his own hair
and no paunch,

walks into a dump like this--

makes a girl sit up
and take notice.

Did he talk to anybody?

No, just made his call.
That was it.

So he didn't sit
at the bar,

have a couple of drinks,
say two words to anybody?

He was on the phone,
I stepped into the ladies' room,

and when I came out,
he was gone.

We matched the phone records
from the body shop.

Teague made a call for a tow

from a bar called McNulty's
on Carmine Street.

It's a few blocks away
from the crime scene.

It's a dive,
looks like a vet's hangout.

You know, flags, medals.

What did the patrons
have to say?

Nothing.

Only one of them
even remembered the kid.

They were a little
fuzzy on the details.

Maybe there's a reason.

The lab lifted some prints
from Teague's wheel rims.

"Ronald Gibbons"?
Who is he?

His one prior-- barroom brawl,
Fort Bragg, North Carolina.

He's a vet.

I checked with
the Army's Personnel Command.

Gibbons served five years
Special Ops.

He's saying I
kinked up his car?

Tell him he can sue me.

I mean, isn't that
what makes America great?

That's the civil side
of the justice system, Ron.

We deal with the criminal side.

Oh, come on,
two detectives

for what, a misdemeanor?

For Brian Teague,
you know, the traitor?

What are you guys talking about? GREEN:
He's dead.

That turns your misdemeanor
into an "A" felony.

Hey, I never even
saw the guy.

So you just happened
to mess up his car

the night he got killed?

France Was Right.
What?

That's what
the bumper sticker said.

"France Was Right."

And that's why you
wrecked his ride?

Look, that guy don't
know what he's got.

Doesn't appreciate what a lot
of other people have sacrificed

so he can put that
stupid sticker on his car.

That's a lovely story,
Ron, but it won't fly.

We did our homework.

You're ex-Army, Airborne,
Special Forces.

Trained in
hand-to-hand combat.

Meaning what?

Meaning Brian was
killed by somebody

with your particular
skill set.

Yeah? Now let me tell you
why that doesn't fly.

The day I touched up his car?

That night I was
20 feet below Perry Street,

putting out an electrical fire.

Oh, look, fellas.
I'm in enough trouble already.

I mean, vodka makes me

a lot chattier
than I ought to be.

Really? I thought it was our good looks
and charming demeanor.

Hey, look. Tina.

You know what I think?

I think somebody came down
pretty hard on you

for talking to us.

Listen, this is
my neighborhood.

I got to live here.

I mean, these are my friends.

Well, it won't
get back to them,

I promise you.
Oh, sure.

Hey, you know
that cute kid

who came in the bar
that night, he's dead.

Somebody choked
the life out of him.

I know.

We're just trying to make
it right for his family.

Look, if you know
anything, please...

Kid comes in, asks for change
for the pay phone.

Calls for a tow.

I go to the ladies' room,
powder my nose.

When I come out, he's mixing it
up with one of the regulars.

What you mean, mixing it up?

You know, yelling and cursing,

saying this guy keyed his car,
slashed his tires.

Is this the guy Teague
had a fight with?

Ronnie Gibbons!

Yeah, yeah,
he was there that night.

But the kid
wasn't yelling at Ronnie.

He was yelling at Kenny.

Kenny?
Kenny got a last name?

I just know him as Kenny.

But usually he drops by the bar
around 5:00,

right after he finishes
his route.

His route?

Yeah, he's a mailman.

Look, I told you,
he was blocking my path.

I asked him to move,
we had a few words

and the cop took him away.
End of story.

Kenny, we have
a witness

who was in the bar that night.

He saw you tangle
with Teague.

Okay, okay.

He came into McNulty's
and he started in again.

But he's the one
that got in my face, I swear.

What about?

He said I trashed his car,
which was bull.

That had to have
pissed you off.

He was just talk.
Smart-ass kid.

So you let him
have it, right?

He ran his mouth some more
and he left.

That's the last I saw
of that little bastard.

No, it wasn't.
You followed him out of the bar.

After they towed his car,
you caught up with him.

That was the last time
you saw him.

I know what it's like.

You had a tough day
so you had a few.

And the wrong person
says the wrong thing.

You know, juries go easy
on a guy like you, Kenny.

A working man,
a veteran.

This kid,
this anti-war protester,

he picks a fight with you
earlier that day

and now he walks into your bar.

I think I want to see
a lawyer now.

You're going to need one,
Mr. Silva.

The lab says the
button and thread

found in the
victim's stomach

came off the shirt
of a postal worker.

Arrest him.

Docket Number 67905,

People v.
Patricio Kenneth Silva.

Charge is murder
in the second degree.

How does the defendant plead?

Not guilty, Your Honor.

People's position on bail,
Ms. Southerlyn?

$500,000 bail, Your Honor.

Mr. Chiles?

My client has no history
of violent behavior

no criminal record,

unlike the man he's
accused of killing.

How about a little give,
Ms. Southerlyn?

Mr. Silva's divorced
without any known dependents.

The People consider him
to be a flight risk.

Mr. Silva is a model citizen.

He is an immigrant who served
this country with distinction.

He wouldn't be here now

if he hadn't been goaded beyond
endurance by a young hothead.

Is that an admission of guilt,
counselor?

Bail is set
at $500,000.

Next.

It sounds to me like Chiles
is exploring the idea

of a self-defense claim.

A trained soldier against
a student activist?

Who's going to buy that?

It's not as farfetched
as you think.

Silva's got a bronze star

to go along with
a spotless record.

And Teague
has a rap sheet

and a history of
provoking people.

He challenged the cop
on the street,

took on Silva
on his own turf,

he was combative
to say the least.

Let's find out
if the victim's

as much of an agitator as
the defense will claim.

I'm not saying Brian

was a shrinking violet.

He knew how to stand up
for himself.

But that night in the bar,

wasn't the first time
that Silva attacked Brian.

They got into a fight
earlier that day?

A few months ago, at
a community board meeting.

I thought you knew.

No, I didn't.
What happened?

Silva was pushing
the community board

to convince the city council,
they rename a street

in memory of a soldier
who was killed in Afghanistan.

Brian was dead set against it.

He said it glorified
an unjust war.

Silva went ballistic.

He told Brian
he was lucky to be living

in the good old USA.

Why was Silva so gung-ho
about renaming the street?

Was the soldier someone he knew?

His son.

Teague wasn't even here
about renaming the street.

He was just dropping off an anti-war
petition. What happened?

He got up and made a speech.

It was incredibly
insensitive.

He didn't understand the situation. Which
was?

We gave Silva the floor,
let all his friends speak.

We figured in a way,

it could be our own
community tribute to his son.

As for renaming the street,
practically speaking,

that was never going to happen.

City bureaucracy?

To begin with.

Then there were just so many
people to pay tribute to.

Cops and firefighters
from 9/11

at the top of the list.

I figured the least
we could do

was to hear
a grieving father out.

Everybody gets to say what
a good boy this Silva kid was.

How much he deserves to have
a street named after him.

Then this Teague kid gets up
and starts condemning the war.

People were mortified.
It was so inappropriate.

What did Silva do?

I thought he was going
to have an aneurysm.

He thinks this kid
is attacking the soldiers

and spitting on the memory
of his dead son.

He wasn't?
No.

He kept saying
he wanted

to bring the troops home,

that they shouldn't
have to die for oil,

that kind of stuff.

Which only made matters worse. Sure.

What Kenny heard was this guy
saying his son died for nothing.

Made him crazy.

It got ugly;
we had to separate them.

I was just glad his wife
was there to calm him down.

His wife?

Ex-wife.

She spoke, too, about their son.

It was heartbreaking.

Matt was two weeks shy

of coming home,

and his helicopter gets
shot down by a Taliban missile.

Kenny had his heart set
on having a street named

after our son
in our neighborhood.

The board president said
it was a long shot at best.

I know,
but I encouraged Kenny anyway.

He's been a shell of himself
since Matt died.

I thought it would give him
something to live for.

He's been depressed?

We both have.

Our only child.

You have no idea
how much it hurts.

I'm sure I don't.

But Kenny, even more than me.

They were so close.

Fathers and sons, you know?

I knew it wasn't going
to happen.

But your ex-husband
still blamed Brian Teague.

20 people spoke
for us at that meeting,

and that kid, he gets up
and he starts in.

Rich kid who's had everything
in his life handed to him,

and he calls my baby a murderer?

I can certainly understand why
your ex-husband would be bitter.

I think Kenny would have gotten
over it.

It was Ronnie
who wouldn't let go.

Ronnie?

Kenny's best friend,
Ronnie Gibbons.

My client's already pleaded
to criminal mischief

and paid his fine.

What more do you want?

I told the detectives
everything I know.

You never mentioned your
friendship with Kenneth Silva,

the man charged
with killing the driver

of the car you vandalized
on the day he was murdered.

You lied to the police about
your whereabouts that night,

and your fingerprints
are on the victim's car.

If he cooperates?

Full immunity for his testimony against
Mr. Silva.

I can't rat out a friend.

Mr. Gibbons, you are facing an indictment

for murder if you don't.

Ron,

you need to consider this.

I keyed the kid's car, okay?

I slashed his tires.

Stupid, but I was pissed.

How did you know it was his car?

Kenny pointed it out.

He said he'd seen the kid

pull in and park
earlier that day.

And then... when Teague walked
into Mac's,

we couldn't believe it.

It was like waving a red flag
in front of a bull.

You both been drinking.
You were angry.

Guys like Brian Teague
make me sick.

Carrying picket signs in
the back of their daddy's SUV,

calling us murderers,

ragging on the military.

Brian Teague called you
and Mr. Silva murderers?

Not in so many words.

So that isn't what he said.

I knew what he meant.

What happened after Brian Teague
left the bar?

Kenny had another drink,
thought it over,

decided he needed to have
another word with the kid.

He went after him.

By the time I found him,
it was over.

Kenny was just sitting there
on the curb,

crying his eyes out.

Did he tell you what happened?

All he kept saying was,

"What have I done?
What have I done?"

Thank you.

Your client's
self-defense claim

just went up in smoke,
counselor.

We've got him, lock,
stock and eyewitness.

Teague walked
into that bar

and tried
to provoke my client.

Baited him.

An ongoing grudge,

an escalating pattern of intent
to harm Brian Teague,

and the use
of a lethal chokehold--

adds up
to murder two to me.

New math:
we'll take man one.

Not interested.

Well, your forcing
my hand then, Jack.

We'll be asserting an EED
defense at trial.

Come on.
Extreme Emotional Disturbance?

He got right up
into Kenny Silva's face

and trashed everything
that that man believes in,

everything that his son
sacrificed his life for.

If he had attacked him
in the bar

in the heat
of the argument, maybe.

But your client had time
to think it over,

have another drink.

Instead of staying
on his barstool or going home,

he chose to follow
the victim outside

and re-ignite the altercation.

He snapped.

Kenny Silva didn't snap.

He made a choice.

You can't imagine the father

reacting out of grief
and anger, Jack?

Why not drop it down
to manslaughter?

There's no extreme emotional
defense here.

Silva pursued Brian Teague,
Arthur.

He made it murder two
when he walked out of that bar

a full 20 minutes
after Brian Teague left.

Still, a sleeper-hold.

The way I understand it,
it's meant to subdue someone,

not necessarily to kill them.

I mean,
things backfire.

A good man
went too far.

Believe me, I'm not thrilled

at having to prosecute
a decorated veteran.

Well, Chiles will make murder
two a tough sale to a juror.

What are you worrying about,
Arthur?

Man one will be included
in the final charges

if the judge buys the EED.

So it's win-win.

And you're set on murder two?

We have to draw the line
somewhere.

We do. Every time
we indict someone.

Brian didn't even know

who Matt Silva was.

He just, he just felt

that naming a street
after a soldier,

any soldier, was endorsing
a completely unjust war.

You were at
the community board meeting.

Did Brian Teague ever verbally
assault Mr. Silva or his son?

No.

Did he ever mention Mr. Silva
or his son by name?

No.

Did he ever say
anything derogatory

about the men and women
in our armed forces?

No.

Nothing further.

Brian was against the war,
not soldiers.

Exactly.

I mean,
you hear that a lot.

That's what people say.

That's the truth.

Is it?

Or is it just what we've learned
to say after Vietnam?

I was born after Vietnam.

Aha.

Do you know anyone
in the military?

No.

Did Brian?

Not that I know of.

The all-volunteer Army.

People like you and Brian don't
have to serve in the military

these days, do you?

Objection. Relevance?

I'll allow it, but let's not
dwell on this, counselor.

You don't have to serve.

We wouldn't even if we did.
We're pacifists.

Ah. Easy to be
when you have other options.

Your Honor.

Withdrawn. Six months ago, Brian Teague,

this committed pacifist,
was charged with assault.

The WTO rally.

No, the security guard attacked
him first.

Brian was just defending
himself.

Four months ago,
resisting arrest.

For swearing
at a police officer.

Would it be fair to say,
Miss Kimlani,

that Brian Teague
was not only a pacifist,

but he was a militant,
dedicated activist?

Brian was just trying to have an
effect.

And he was good at it.

Pushing people's buttons,
getting them all riled up.

Sometimes you just have
to make a lot of noise

to get people to listen.

Did Brian Teague seriously think

that Kenneth Silva
would listen to him

after he desecrated
the legacy of his son?

Someone said,

"What's the matter, kid?
Car trouble?"

They were all kind of laughing
at him, snickering, you know?

Well, that's when
he got really mad.

Called Kenny a coward
and gave him the finger

as he stomped out.

How did Kenny Silva react?

Did he follow him
out of the bar?

He cursed him,

had another drink.

I see.

When did Kenny Silva leave
the bar that night?

About 15 or 20 minutes later.

Did he say why
he was leaving?

He said he was going
to go straighten him out.

Brian Teague?

Yeah.

You know Kenny Silva.

How upset was he after his
encounter with Brian Teague?

I thought he was going
to have a heart attack.

It was awful.

Did anyone try
to calm him down?

Well, sure, we all did.

But he just kept getting
more and more agitated.

When he left,
how did he seem?

Calm, under control?

Hardly. He was shaking all over,
he was so upset.

I mean, the guy was a wreck.

Thank you.

Matt was ten
when Kenny got sent to the Gulf.

He kept a toy soldier
by his bed.

He watched the news every night.

He was so proud of his dad.

He wanted to be just like him.

Did your husband change
after the death of your son?

He got very depressed,
withdrawn.

He wasn't the man I married.

Is that why
you divorced him?

We fought all the time...
over Matt.

Take your time.

Thank you.

I didn't want my son to enlist.

He got good grades.

He played sports.

He could have been

the first one in our family
to go to college.

What did his father want?

Kenny wanted him to go.

He said the Army would pay
for college.

I told him he could get
a scholarship.

What did Matt want?

To be a soldier...
like his dad.

Did you blame your
husband

for Matt's death?

But not as much
as he blamed himself.

Thank you, Mrs. Silva.

Losing a child--

nothing harder.

No.

Your ex-husband was depressed.

Yes,

very.

Understandable.

Did he start drinking
more heavily?

No.

Using drugs?

No.

Did he ever strike you?

Use violence
against you?

Lose his temper?

Kenny?

No.

Did he lose his job?

Oh, no.

Kenny went to work every day.

He worked even harder.

Holidays, overtime.

He threw himself into his work?

Yes.

He coped.

Of course.

Sounds like a strong man.

Yes.

A hero.

He is.

I came with nothing
to this country.

No money, no education.

I didn't know anybody.

I didn't even know how
to speak English.

The Army gave me everything--
an education, a career.

I love this country.

And I raised my son
to love it too.

And when he died...

We heard testimony
from your therapist

that you were depressed.

He put me on some pills,

uh, seratonin something.

Did they help?

I stopped
taking them.

I didn't like the way
they made me feel.

I just didn't feel like myself.

Why did you leave the bar
that night?

I wish to God I hadn't.

But you did.

Did you intend
to hurt Brian Teague?

I just wanted
to tell him something,

but he wouldn't listen.

He just kept saying,
"You're thugs, you're animals...

you and your son."

That night
was not the first time

you and Brian Teague had words.

No.

The difference being
that this time outside the bar,

you had him all to yourself.

I did not plan it like that.

It just happened.

It just happened

that you waited 20 minutes
to go after him?

It just happened

that you waited
for the tow truck to leave?

It just happened that you
grabbed him around the throat?

I was talking to him
and he turned his back on me

and started to walk away.

You got him
in a lethal chokehold.

He passed out and died
within seconds.

I didn't mean to.

It just happened so fast. I...

I just wanted him
to say he was sorry

for what he said about my son.

Nothing further.

No redirect.
The defense rests, Your Honor.

The witness is excused.

May we approach, Your Honor?

Step up.

For the record, Your Honor,
there is insufficient evidence

of extreme emotional
disturbance.

You can't let the lesser charge
go to the jury.

Contrary to my colleague's narrow
reading of the law,

we think we've made our case.

We request that you instruct
the jury to consider

the affirmative defense
of EED and give them the option

of finding my client guilty of
the lesser manslaughter charge.

I'm inclined to agree with you,
counselor.

I think there's been
enough testimony

for the jury to consider EED.

Your Honor...

We'll adjourn
for the day.

Summation's first thing
tomorrow.

Court is adjourned.

Thank you,
your honor.

If Matt Silva had lived,

he'd be 23 years old.

The same age as Brian Teague.

But Brian Teague
was nothing like Matt Silva.

Brian Teague knew nothing
of service and sacrifice.

Brian Teague let others bear
that burden for him,

and then he would insult
and belittle them for it.

That night, Kenny Silva
was virtually beside himself

with grief and loss and anger,

and he lashed out...
at his tormentor.

This was not some heinous,
premeditated murder.

This was a momentary lapse
by a grieving father,

a decorated war hero,

a grateful citizen
of his adopted country,

who's counting on you,
his fellow citizens,

to show him that our system
is not only just, but merciful.

Mr. Silva's lawyer wants you
to believe

that his client lost control
that night.

The evidence does not bear
him out.

Mr. Silva's actions were too
deliberate, too controlled--

the very qualities
that made him a good soldier

put to murderous use.

In fact, Kenneth Silva used
his military training

to strangle to death
the young man

he thought had insulted him.

The truth of the matter
is that Kenneth Silva bore

a grudge against Brian Teague,

and it was that grudge--

not his despair,
not his grief, not his anger--

that made him put down his beer

and make the hard,
cold, brutal decision

to walk out of that bar
and confront Brian Teague...

out of the light,

away from witnesses,

where Brian Teague was alone...

and defenseless.

Ladies and Gentlemen, have you
reached a verdict?

We have.

On the first count
of the indictment,

murder in the second degree,
how do you find?

We find the defendant,

Kenneth Silva, not guilty.

On the second count
of the indictment,

manslaughter in the first
degree, how do you find?

We cannot reach a verdict,
Your Honor; we've tried.

Chambers, Your Honor, please.

The defendant's admitted
the underlying acts.

The jury should
be instructed

to deliberate further,
Your Honor.

The jury cannot
reach a verdict, Your Honor.

It's time
to declare a mistrial.

I'm not prepared
to do that yet, counselor.

I'll enter the acquittal
on the murder

and give them an Allen charge.

That's inappropriate,
Your Honor.

Don't get greedy,
Mr. Chiles.

You already have your
acquittal on murder two.

Members of the jury,

I'm going to ask that you
continue your deliberations.

It is your duty to agree
upon a verdict if you can.

Of course,
no juror should feel compelled

to abandon any conscientiously
held beliefs.

On the other hand,

if a substantial majority
of your number are in favor

of a conviction,

those of you who disagree
should reconsider

whether your doubt is,
in fact, a reasonable one.

I thought the Allen charge
would break the stalemate.

It must be
some hardcore deadlock.

They're polarized,

just like everyone else
in the country.

Chiles has them debating
the war

instead of the murder
of Brian Teague.

Six hours, another two
and it will be

"tune in tomorrow."

I wish I knew
what they were stuck on.

Maybe I'll go nose around.

Haven't heard a word.
Sorry.

Trying to find out which way the wind is
blowing?

Not at all.

Me too.

Worried?

Not particularly.

I'm thinking hung jury.

We'll retry the case.

Maybe even acquittal.

Jury nullification?
You're dreaming.

Hardheads,
they'll come around.

Indeed they will,
my way.

Mine.

Have you reached a verdict?

No, Your Honor.

Are you sure
that no further deliberation

would break the log jam?

We're deadlocked, Your Honor.

I have no choice
but to declare a mistrial.

The jury is dismissed.

No surprise the jury hung.

We'll try him again.

Your problem was too many
blue-collared jurors.

They identified
with Kenneth Silva.

How do you know who
the holdouts were?

The people who escape
jury duty,

same people
who escape active duty.