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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:01,459 --> 00:00:03,503 the people are represented by two separate 2 00:00:03,586 --> 00:00:05,338 yet equally important groups-- 3 00:00:05,463 --> 00:00:07,340 the police who investigate crime 4 00:00:07,424 --> 00:00:10,051 and the district attorneys who prosecute the offenders. 5 00:00:10,176 --> 00:00:11,678 These are their stories. 6 00:00:15,390 --> 00:00:18,727 What's your location, Ladder Seven-Two Can Man? 7 00:00:18,852 --> 00:00:20,311 Search negative in apartment six-baker. 8 00:00:20,395 --> 00:00:21,354 Everybody's out. 9 00:00:21,438 --> 00:00:23,023 Received. Six is clear. 10 00:00:23,148 --> 00:00:26,484 I'm gonna go check the stairwell to the roof. 11 00:00:26,568 --> 00:00:27,694 I got a flash over in six-baker now. 12 00:00:27,819 --> 00:00:29,404 Time to get out of there, 13 00:00:29,529 --> 00:00:30,905 Ladder Seven-Two Can Man. 14 00:00:31,031 --> 00:00:31,781 I don't like this. 15 00:00:31,865 --> 00:00:34,409 Halt all transmissions. 16 00:00:34,534 --> 00:00:36,453 Evacuate the building, Ladder Seven-Two Can Man. 17 00:00:36,536 --> 00:00:39,581 Mayday, may-- 18 00:00:39,706 --> 00:00:42,959 Get the fast truck in there, now! 19 00:00:47,047 --> 00:00:49,549 That was Sean! 20 00:00:51,426 --> 00:00:53,887 He got trapped on top of the main burn. 21 00:00:54,012 --> 00:00:56,556 Poor guy had two choices, jump or be incinerated. 22 00:00:56,681 --> 00:00:58,725 What about his emergency line? 23 00:00:58,808 --> 00:01:00,518 The old ones were too heavy to carry, 24 00:01:00,602 --> 00:01:01,686 and the brass hasn't approved 25 00:01:01,770 --> 00:01:03,271 any of the lighter-weight models. 26 00:01:03,396 --> 00:01:04,647 Well, I take my hat off to you guys. 27 00:01:04,773 --> 00:01:06,441 Personally, I'd rather dodge bullets than run 28 00:01:06,566 --> 00:01:07,942 into a burning building. 29 00:01:08,026 --> 00:01:09,444 What was his name? 30 00:01:09,527 --> 00:01:11,905 Sean Grafton from Ladder Seventy-Two. 31 00:01:12,030 --> 00:01:14,449 His old man and two brothers in the department. 32 00:01:14,574 --> 00:01:15,742 He have a family? 33 00:01:15,825 --> 00:01:17,994 Yeah, wife and two kids. That's rough. 34 00:01:18,078 --> 00:01:18,953 How'd it start? 35 00:01:19,079 --> 00:01:20,080 That's why we called. 36 00:01:20,121 --> 00:01:22,582 Guys who were up there said multiple points of origin. 37 00:01:22,707 --> 00:01:24,584 Arson? Well, we'll know more 38 00:01:24,668 --> 00:01:26,169 when we get back in the building, but nine times 39 00:01:26,252 --> 00:01:27,754 out of ten, you're right. 40 00:01:27,837 --> 00:01:30,924 Which means Sean Grafton was murdered. 41 00:02:22,767 --> 00:02:24,310 in two separate areas of the sixth floor-- 42 00:02:24,436 --> 00:02:26,730 the east stairwell landing and the hallway. 43 00:02:26,855 --> 00:02:28,648 Was there any evidence of an accelerant? 44 00:02:28,773 --> 00:02:30,483 Here and here and a gallon milk bottle 45 00:02:30,608 --> 00:02:31,901 with traces of gasoline. 46 00:02:32,027 --> 00:02:34,779 We're really lucky just to have the one fatality. 47 00:02:34,904 --> 00:02:36,656 We need to figure out who the target was. 48 00:02:36,740 --> 00:02:39,117 So we're thinking personal, not arson for profit? 49 00:02:39,200 --> 00:02:41,536 Well, it doesn't make sene to me that someoe 50 00:02:41,661 --> 00:02:42,912 would torch the top floor if they wanted 51 00:02:42,996 --> 00:02:44,330 to burn down the whole building. 52 00:02:44,456 --> 00:02:45,540 Gas in a milk bottl. 53 00:02:45,665 --> 00:02:47,125 This guy was an amateur. 54 00:02:47,208 --> 00:02:48,501 Well.. 55 00:02:48,626 --> 00:02:49,711 there's four apartments on six. 56 00:02:49,794 --> 00:02:50,462 And they're all burned out. 57 00:02:50,587 --> 00:02:51,504 So while you guys 58 00:02:51,629 --> 00:02:52,797 run down the residents, 59 00:02:52,922 --> 00:02:55,633 I'll canvass the gas stations in the area. 60 00:02:57,886 --> 00:02:59,763 My smoke detector never went off. 61 00:02:59,888 --> 00:03:01,723 If one of my neighbors hadn't pounded on the door, 62 00:03:01,806 --> 00:03:03,600 we would've been fried to a crisp. 63 00:03:03,725 --> 00:03:04,726 You live with somebody? 64 00:03:04,809 --> 00:03:06,644 My daughter Hannah. 65 00:03:06,770 --> 00:03:09,522 We went out the fire escape. She was terrified. 66 00:03:09,647 --> 00:03:11,066 How's she doing now? 67 00:03:11,149 --> 00:03:12,567 She's okay. 68 00:03:12,651 --> 00:03:13,651 I sent her to school. 69 00:03:13,735 --> 00:03:14,861 It's better she's with her friends 70 00:03:14,986 --> 00:03:16,780 than sitting upstairs in the hotel room. 71 00:03:16,863 --> 00:03:19,074 Do you or your daughter have any problems 72 00:03:19,157 --> 00:03:20,075 outside of the home? 73 00:03:20,158 --> 00:03:21,951 What do you mean? 74 00:03:22,077 --> 00:03:24,079 Does anyone want to cause you harm? No. 75 00:03:24,204 --> 00:03:25,830 No. 76 00:03:25,955 --> 00:03:27,540 Where's Hannah's father, Miss Wilder? 77 00:03:27,665 --> 00:03:28,750 Oh, he's been 78 00:03:28,833 --> 00:03:30,752 out of the picture since before she was born. 79 00:03:30,835 --> 00:03:32,879 And your neighbors on the sixth floor-- 80 00:03:32,962 --> 00:03:34,547 Do any of them have ongoing disputes 81 00:03:34,673 --> 00:03:35,548 that you're aware of? 82 00:03:35,674 --> 00:03:37,842 Not really. 83 00:03:37,926 --> 00:03:41,137 It's always been a quiet building. 84 00:03:41,262 --> 00:03:41,971 That was something, huh? 85 00:03:42,097 --> 00:03:44,182 To see that man go off the roof? 86 00:03:44,307 --> 00:03:45,683 Reminded me of the Towers. 87 00:03:45,809 --> 00:03:47,727 Is there any reason why this might've been 88 00:03:47,811 --> 00:03:48,770 directed at you, Mr. Worthy? 89 00:03:48,895 --> 00:03:50,688 You think somebody set that fire? 90 00:03:50,772 --> 00:03:52,315 We're just covering all the bases. 91 00:03:52,440 --> 00:03:53,566 Then you should cover that woman 92 00:03:53,692 --> 00:03:54,567 across the hall from me. 93 00:03:54,693 --> 00:03:56,611 The one in 6B. 94 00:03:56,736 --> 00:03:57,737 Emily Wilder? 95 00:03:57,821 --> 00:03:59,030 With her little girl. 96 00:03:59,155 --> 00:04:01,616 If I had a dollar for every argument 97 00:04:01,741 --> 00:04:03,243 she got into with some boyfriend... 98 00:04:03,368 --> 00:04:05,286 Is there anything more specific you can tell us? 99 00:04:05,412 --> 00:04:06,788 Anything that happened recently? 100 00:04:06,913 --> 00:04:07,706 Uh... 101 00:04:07,831 --> 00:04:09,708 Last week, was it? 102 00:04:09,791 --> 00:04:11,751 A man pounding on her door, 103 00:04:11,876 --> 00:04:13,753 yelling for her to let him in. 104 00:04:13,837 --> 00:04:14,963 I looked through my peephole 105 00:04:15,046 --> 00:04:16,631 to see what all the commotion 106 00:04:16,715 --> 00:04:18,383 was about. Get a look at the guy? 107 00:04:18,466 --> 00:04:19,968 I got a look at his back. 108 00:04:20,093 --> 00:04:22,637 White, brown hair over his collar, 109 00:04:22,721 --> 00:04:25,098 had on an MTA jacket. 110 00:04:25,181 --> 00:04:27,267 Thanks. 111 00:04:27,350 --> 00:04:30,645 So Emily Wilder forgot to mention her rowdy boyfriend. 112 00:04:30,729 --> 00:04:31,938 So she can be protecting him 113 00:04:32,063 --> 00:04:33,898 or scared he might finish what he started. 114 00:04:34,024 --> 00:04:35,900 Maybe we should scare her. 115 00:04:35,984 --> 00:04:37,944 There might be an easier way. 116 00:04:41,990 --> 00:04:43,742 Have you contacted the Board of Education? 117 00:04:43,867 --> 00:04:45,827 We don't have time to get jammed up under bureaucracy. 118 00:04:45,910 --> 00:04:47,829 I'm sorry, Detective-- 119 00:04:47,912 --> 00:04:49,080 All right, let's go, Fontana. No, no, wait a second. 120 00:04:49,164 --> 00:04:50,790 You heard about the fire last night, 121 00:04:50,915 --> 00:04:52,792 the one where the fireman got killed? Yes. 122 00:04:52,876 --> 00:04:54,878 Well, it happened in Hannah Wilder's building. 123 00:04:54,961 --> 00:04:56,921 We think she still may be in danger 124 00:04:57,005 --> 00:04:59,174 or have some information that can help us. 125 00:04:59,257 --> 00:05:00,759 A fire... 126 00:05:00,842 --> 00:05:02,594 then the police. 127 00:05:02,719 --> 00:05:03,928 This kid's gonna be scared to death. 128 00:05:04,012 --> 00:05:05,972 Well, it just so happens that my partner here 129 00:05:06,097 --> 00:05:09,392 has two children and he really knows how to talk to kids. 130 00:05:09,476 --> 00:05:10,727 So while he's talking to Hannah, 131 00:05:10,852 --> 00:05:12,771 I'll just go get myself a cup of joe. 132 00:05:12,854 --> 00:05:15,607 What do you say? 133 00:05:15,690 --> 00:05:16,816 All right. 134 00:05:16,941 --> 00:05:17,817 Do you have a gun? 135 00:05:17,901 --> 00:05:21,821 No, no, no. I left that in the car. 136 00:05:21,946 --> 00:05:23,114 Those are cool sneakers. 137 00:05:23,239 --> 00:05:24,658 Thanks. 138 00:05:24,783 --> 00:05:25,909 Now, my daughter says 139 00:05:25,992 --> 00:05:27,285 she wants to get Skechers for her birthday. 140 00:05:27,410 --> 00:05:28,370 What do you think? 141 00:05:28,453 --> 00:05:30,288 Those are cool too. 142 00:05:30,372 --> 00:05:33,124 My mom said I might get a canopy bed for my birthday, 143 00:05:33,249 --> 00:05:36,795 but...now, 'cause of the fire... 144 00:05:36,878 --> 00:05:38,254 we don't have anyplace to live. 145 00:05:38,338 --> 00:05:41,841 I'm sorry you had to go through that, Hannah. 146 00:05:41,966 --> 00:05:44,636 So you and your mom, you're gonna stay in the hotel? 147 00:05:44,719 --> 00:05:46,137 I don't know. 148 00:05:46,221 --> 00:05:48,807 We can't stay with my dad 'cause my mom says 149 00:05:48,890 --> 00:05:50,350 his apartment isn't big enough. 150 00:05:50,433 --> 00:05:51,309 Where does he live? 151 00:05:51,393 --> 00:05:52,727 In the Bronx. 152 00:05:52,852 --> 00:05:54,813 I never get to go there, 153 00:05:54,896 --> 00:05:57,148 'cause mom says it's too far away. 154 00:05:57,232 --> 00:05:59,234 But he likes it 'cause it's close 155 00:05:59,317 --> 00:06:00,318 to his work. 156 00:06:00,443 --> 00:06:01,486 Oh, yeah? What does he do? 157 00:06:01,569 --> 00:06:03,154 He drives the city bus. 158 00:06:03,279 --> 00:06:06,616 Is his last name Wilder like yours? 159 00:06:06,700 --> 00:06:08,201 Uh-uh. Gruner. 160 00:06:08,284 --> 00:06:09,744 Al Gruner? 161 00:06:09,828 --> 00:06:14,541 No, John Gruner. 162 00:06:14,624 --> 00:06:15,750 Okay, sir, you can open it up. 163 00:06:15,834 --> 00:06:17,794 I can't just let you in his apartment. 164 00:06:17,919 --> 00:06:22,007 Sure, you can. We're authorized. 165 00:06:30,390 --> 00:06:31,307 Hey. 166 00:06:31,391 --> 00:06:34,686 C'mere. 167 00:06:34,769 --> 00:06:37,397 Smell this jacket. 168 00:06:37,522 --> 00:06:38,815 Yeah? What? 169 00:06:38,898 --> 00:06:41,067 You don't smell gasoline? 170 00:06:41,151 --> 00:06:45,447 No. And I don't like this. 171 00:06:48,825 --> 00:06:51,036 And he has matches in his pocket. 172 00:06:51,119 --> 00:06:54,039 Well, the guy's a smoker. 173 00:06:59,794 --> 00:07:00,837 Pretty Woman? 174 00:07:00,920 --> 00:07:02,922 I didn't see a DVD player in here. 175 00:07:03,048 --> 00:07:04,716 Wizard Video, Astoria, 176 00:07:04,841 --> 00:07:08,511 Queens. 177 00:07:08,636 --> 00:07:09,554 You know what I think? 178 00:07:09,637 --> 00:07:11,890 I think we should find out 179 00:07:11,973 --> 00:07:15,101 who John Gruner is watching chick flicks with. 180 00:07:19,564 --> 00:07:20,815 NYPD, Miss Tarantino. 181 00:07:20,940 --> 00:07:22,025 You mind if we come in? 182 00:07:22,108 --> 00:07:24,235 Uh, well, the house is kind of a mess right now. 183 00:07:24,319 --> 00:07:26,488 Don't worry about that. We're used to that. 184 00:07:26,571 --> 00:07:28,156 What is this about? 185 00:07:28,239 --> 00:07:29,991 Well, you see, John Gruner's apartment 186 00:07:30,075 --> 00:07:31,993 got burglarized last night, and we're trying to find him 187 00:07:32,118 --> 00:07:33,787 so we can secure his belongings. 188 00:07:33,870 --> 00:07:35,288 I don't know a John Gruner. 189 00:07:35,372 --> 00:07:37,832 See, I told you. There must be some screw-up on our end. 190 00:07:37,957 --> 00:07:39,000 You mind if we come in 191 00:07:39,125 --> 00:07:40,210 and straighten this out? 192 00:07:40,293 --> 00:07:41,419 Can you come back a little later? 193 00:07:44,047 --> 00:07:44,839 Is someone home with you? 194 00:07:44,923 --> 00:07:46,299 My brother. 195 00:07:46,383 --> 00:07:48,009 Listen, why don't we cut to the chase. 196 00:07:48,093 --> 00:07:50,095 If Gruner's in here, you're harboring a fugitive. 197 00:07:50,178 --> 00:07:52,430 Now, you gonna let us look around or not? 198 00:08:04,609 --> 00:08:08,947 Police! Don't move! 199 00:08:09,030 --> 00:08:10,490 There's nowhee to go, Grune. 200 00:08:10,615 --> 00:08:11,908 It's up to you now. 201 00:08:11,992 --> 00:08:15,203 Get dow. Dow! 202 00:08:15,286 --> 00:08:17,539 Cuff him. 203 00:08:20,291 --> 00:08:21,876 I wanna know what kind of a guy 204 00:08:21,960 --> 00:08:22,877 tries to burn his own daughter out. 205 00:08:23,002 --> 00:08:24,254 I don't know what you're talking about. 206 00:08:24,379 --> 00:08:26,339 I wanna understand your side of it, I really do. 207 00:08:26,423 --> 00:08:28,299 But I have to have an answer to that question. 208 00:08:28,383 --> 00:08:30,176 What if I don't? 209 00:08:33,054 --> 00:08:34,180 Detective Falco, can I have 210 00:08:34,305 --> 00:08:37,392 a few minutes with Mr. Gruner, please? 211 00:08:37,475 --> 00:08:39,102 You sure? 212 00:08:39,185 --> 00:08:42,147 You see, Detective Falco was in law school. 213 00:08:42,230 --> 00:08:44,524 And I don't want to get him jammed up 214 00:08:44,607 --> 00:08:46,151 by anything that I might say... 215 00:08:46,276 --> 00:08:47,485 or do. 216 00:08:49,321 --> 00:08:53,199 You had your chance, Gruner. 217 00:08:57,245 --> 00:08:58,496 So you and Emily Wilder 218 00:08:58,580 --> 00:09:00,832 were having problems, huh? 219 00:09:00,915 --> 00:09:02,042 Hannah told us. 220 00:09:02,125 --> 00:09:03,376 You talked to her? Oh, yeah. 221 00:09:03,501 --> 00:09:05,003 I don't like you talking to my daughter. 222 00:09:05,128 --> 00:09:06,421 And I don't like you trying to burn her alive. 223 00:09:06,504 --> 00:09:08,923 And if you mouth off to me one more time, 224 00:09:09,049 --> 00:09:10,258 I'm gonna put your head through this table. 225 00:09:10,383 --> 00:09:11,509 I love that kid. 226 00:09:11,593 --> 00:09:13,219 And Emily wouldn't let her anywhere near me. 227 00:09:13,345 --> 00:09:14,888 But I didn't start that fire. 228 00:09:17,015 --> 00:09:19,184 Results of the spectrograph analysis 229 00:09:19,267 --> 00:09:21,936 of the jacket we recovered from your closet. 230 00:09:22,062 --> 00:09:23,938 Positive for gasoline. 231 00:09:24,064 --> 00:09:25,148 I work on a bus. 232 00:09:25,273 --> 00:09:28,026 Yeah, well, last time I checked, buses ran on diesel. 233 00:09:28,151 --> 00:09:28,985 So you know what we're gonna do now? 234 00:09:29,069 --> 00:09:30,945 We're gonna go get Hannah, 235 00:09:31,071 --> 00:09:31,946 and we're gonna bring her here, 236 00:09:32,072 --> 00:09:34,115 and you can explain it all to her right here 237 00:09:34,240 --> 00:09:35,450 in this room, just the four of us. 238 00:09:35,533 --> 00:09:36,493 You can't do that. 239 00:09:36,534 --> 00:09:39,037 Well, how 'bout it, Mr. Lawyer Man, can I do it? 240 00:09:39,162 --> 00:09:40,914 I read the case. U.S. versus Pennington. 241 00:09:41,039 --> 00:09:42,248 There you go. I'll go get her. 242 00:09:42,374 --> 00:09:43,291 No! 243 00:09:43,416 --> 00:09:45,919 That's too bad. 244 00:09:46,044 --> 00:09:49,130 She'll always remember her daddy cuffed to a table, 245 00:09:49,255 --> 00:09:51,549 trying to explain how he torched her home 246 00:09:51,633 --> 00:09:52,967 and nearly killed he. 247 00:09:53,051 --> 00:09:55,136 Hannah wasn't supposed to be there! 248 00:09:55,261 --> 00:10:00,016 And you hated her mother that much 249 00:10:00,100 --> 00:10:01,935 that you tried to burn her alive? 250 00:10:02,018 --> 00:10:06,314 Is that what you did? 251 00:10:06,398 --> 00:10:09,693 We're gonna need it all in writing. 252 00:10:09,776 --> 00:10:12,153 I want every detail of how 253 00:10:12,237 --> 00:10:13,905 you set that fir. 254 00:10:14,030 --> 00:10:16,241 Yeah. 255 00:10:16,324 --> 00:10:18,284 M.E. wants you. I'll babysit him. 256 00:10:21,830 --> 00:10:23,081 We just now gt 257 00:10:23,164 --> 00:10:24,082 a confession on the fire. 258 00:10:24,207 --> 00:10:26,876 Yeah? Hope you can still use it. 259 00:10:26,960 --> 00:10:28,753 A slug. 260 00:10:28,837 --> 00:10:29,754 Looks like a .38. 261 00:10:29,838 --> 00:10:31,172 Yeah, it dropped out 262 00:10:31,297 --> 00:10:33,341 when I cut off the fireman's bunker gear. 263 00:10:33,425 --> 00:10:36,136 There's a bullet hole in his pants 264 00:10:36,219 --> 00:10:39,139 and a graze wound on his left thigh. 265 00:10:39,264 --> 00:10:41,099 Somebody shot him at the fire. 266 00:10:41,224 --> 00:10:44,310 So is it possible he didn't jump? 267 00:10:48,106 --> 00:10:49,357 up here with Grafton, right? 268 00:10:49,441 --> 00:10:52,068 Somebody would've seen 'em. 269 00:10:52,152 --> 00:10:53,903 Anybody in one of these buildings 270 00:10:54,029 --> 00:10:58,033 could've taken a pot-shot at him with a handgun. 271 00:10:58,116 --> 00:11:01,036 Take a look at this air vent. 272 00:11:01,119 --> 00:11:04,205 One of the shutters has a nick in it. 273 00:11:04,289 --> 00:11:08,460 Well, whatever made it came from the inside. 274 00:11:08,543 --> 00:11:10,378 Could you pry this housing off, please? 275 00:11:10,503 --> 00:11:11,463 Yeah, sure. 276 00:11:15,759 --> 00:11:18,636 Feel around in there, would you? 277 00:11:18,720 --> 00:11:20,597 Is something wrong with your hand? 278 00:11:20,680 --> 00:11:24,017 Luciano Barbera. Please. 279 00:11:24,100 --> 00:11:27,145 You're high-maintenance, man. 280 00:11:31,733 --> 00:11:34,903 Hey, hey, hey. 281 00:11:35,028 --> 00:11:37,238 38. 282 00:11:40,075 --> 00:11:43,036 Five spent shells. 283 00:11:43,161 --> 00:11:44,496 And I'm bettin' that one of 'em 284 00:11:44,621 --> 00:11:48,083 wound up in the leg of Sean Grafton's pants. 285 00:11:50,543 --> 00:11:53,171 Ballistics says the fire made the gun go off. 286 00:11:53,254 --> 00:11:55,256 Two rounds in the cylinder exploded in the heat 287 00:11:55,382 --> 00:11:57,008 that was raging up the air vent, 288 00:11:57,133 --> 00:11:57,926 one of them through the barrel. 289 00:11:58,051 --> 00:11:59,260 And it matches the slug they found 290 00:11:59,344 --> 00:12:01,388 in Sean Grafton's bunker gear? 291 00:12:01,471 --> 00:12:03,056 Yes, ma'am. And guess what? 292 00:12:03,139 --> 00:12:05,016 There are firing pin strikes 293 00:12:05,100 --> 00:12:06,393 on the other three shell casings-- 294 00:12:06,476 --> 00:12:08,186 the ones that didn't explode. 295 00:12:08,269 --> 00:12:09,437 Meaning that gun was fired 296 00:12:09,521 --> 00:12:11,147 long before someone hid it on the roof. 297 00:12:11,272 --> 00:12:13,066 Ballistics is runnig the gun nw 298 00:12:13,149 --> 00:12:14,985 to see if it matches up with any old shootings. 299 00:12:15,068 --> 00:12:16,403 D.A. says they'll charge Gruner 300 00:12:16,486 --> 00:12:18,029 with arson and felony murder, 301 00:12:18,113 --> 00:12:19,030 which means he'll do 302 00:12:19,114 --> 00:12:20,407 at least 25 to life. 303 00:12:20,490 --> 00:12:22,951 Well, how about we give this collar to the Fire Marshals? 304 00:12:23,034 --> 00:12:24,619 No problem with us. 305 00:12:25,578 --> 00:12:27,122 There's a match on your mystery bullet. 306 00:12:27,205 --> 00:12:29,124 To what? An open homicide. 307 00:12:31,126 --> 00:12:33,253 Check it out. 308 00:12:36,172 --> 00:12:37,716 Nine years ago on this block 309 00:12:37,841 --> 00:12:40,093 a male black named Justin Lennard 310 00:12:40,218 --> 00:12:41,761 was shot three times. What was it about? 311 00:12:41,845 --> 00:12:43,221 We never really knew. 312 00:12:43,304 --> 00:12:45,181 Lennard worked part-time at Kinko's. 313 00:12:45,265 --> 00:12:47,017 Someone lit him up when he was leaving for the night. 314 00:12:47,100 --> 00:12:49,436 Nothing like a cold case. 315 00:12:49,519 --> 00:12:50,395 All right. 316 00:12:50,478 --> 00:12:52,063 This is where we found the body. 317 00:12:52,147 --> 00:12:53,648 In this store entrance. 318 00:12:53,732 --> 00:12:55,191 There was a struggle at first. 319 00:12:55,275 --> 00:12:57,068 This window was shattered. 320 00:12:57,152 --> 00:12:59,738 CSU found blood in the broken glass, 321 00:12:59,821 --> 00:13:01,072 which wasn't from the victim. 322 00:13:01,156 --> 00:13:02,991 Which means DNA's in play. 323 00:13:03,116 --> 00:13:03,992 Anybody in the store see anything? 324 00:13:04,117 --> 00:13:05,493 It was closed. 325 00:13:05,577 --> 00:13:07,245 But, uh, the manager from Kinko's said 326 00:13:07,328 --> 00:13:08,997 that Lennard was arguing with three black men 327 00:13:09,122 --> 00:13:09,998 when he was locking up. 328 00:13:10,081 --> 00:13:11,207 Arguing about what? 329 00:13:11,291 --> 00:13:13,043 She wasn't sur. 330 00:13:13,126 --> 00:13:14,002 She picked the local troublemaker 331 00:13:14,127 --> 00:13:16,212 out of one of the books, a LeShawn Muncie. 332 00:13:16,337 --> 00:13:17,380 My guys picked him up, 333 00:13:17,505 --> 00:13:20,091 but we couldn't get anything to stick. 334 00:13:20,175 --> 00:13:22,302 I got enough problems without y'all trying 335 00:13:22,427 --> 00:13:24,679 to put a body on me from nine years ago. 336 00:13:24,763 --> 00:13:26,097 Maybe we can package this up 337 00:13:26,222 --> 00:13:27,390 with the case you're in on now. 338 00:13:27,474 --> 00:13:29,059 Two for the price of one. 339 00:13:29,142 --> 00:13:30,185 But I didn't do no murder. 340 00:13:30,268 --> 00:13:31,728 Aw, come on, man, we have the murder weapon 341 00:13:31,811 --> 00:13:32,771 with your prints on it. 342 00:13:33,772 --> 00:13:36,274 Don't even try to play me like that. Okay. 343 00:13:36,399 --> 00:13:37,650 If you're not involved, and you help us out, 344 00:13:37,776 --> 00:13:38,652 we'll put in a good word 345 00:13:38,777 --> 00:13:41,988 with the D.A. 346 00:13:42,113 --> 00:13:44,157 If I remember correctly, 347 00:13:44,240 --> 00:13:45,325 I went to Kinko's that night. 348 00:13:45,408 --> 00:13:47,410 What were you doing? Copying your thesis? 349 00:13:47,494 --> 00:13:48,453 Nah. 350 00:13:48,495 --> 00:13:51,206 I was helping a couple of dudes make some IDs. 351 00:13:51,331 --> 00:13:52,957 It's all very fascinating. Tell us more. 352 00:13:53,083 --> 00:13:54,042 The brother locked the door 353 00:13:54,125 --> 00:13:55,919 as we's rollin' in. 354 00:13:56,002 --> 00:13:58,088 We had a few words, but that's it. 355 00:13:58,213 --> 00:14:00,340 This is Justin Lennard. 356 00:14:03,343 --> 00:14:05,178 Yeah, that's him. That's good. 357 00:14:05,261 --> 00:14:06,388 So if you had nothing to do with this, 358 00:14:06,513 --> 00:14:07,847 you'll give us the names and addresses 359 00:14:07,972 --> 00:14:09,099 of the friends that you were 360 00:14:09,182 --> 00:14:10,517 with that night. I don't think so. 361 00:14:10,642 --> 00:14:12,018 Or a DNA swab. 362 00:14:12,102 --> 00:14:13,144 Hell no. 363 00:14:13,228 --> 00:14:14,270 Never know what loose ends 364 00:14:14,354 --> 00:14:15,397 I might hae out in the worl. 365 00:14:15,480 --> 00:14:16,147 You ak 366 00:14:16,231 --> 00:14:17,732 the white dude who was out there 367 00:14:17,857 --> 00:14:19,150 that night for his DNA? 368 00:14:19,234 --> 00:14:20,610 What white dude? Guy waiting outside 369 00:14:20,735 --> 00:14:24,739 of Kinko's for his friend to get off work. 370 00:14:24,864 --> 00:14:26,241 Give us a description. 371 00:14:26,366 --> 00:14:29,119 White, 'bout 30. 372 00:14:29,202 --> 00:14:30,620 Aw, man. 373 00:14:30,704 --> 00:14:32,288 Man, that's nine years ago, man! 374 00:14:32,372 --> 00:14:33,456 If you're jerking us around, LeShawn, 375 00:14:33,581 --> 00:14:35,000 you haven't seen the last of us. 376 00:14:35,125 --> 00:14:36,126 Open up. 377 00:14:36,209 --> 00:14:38,753 Then I got nothin' to worry about. 378 00:14:41,256 --> 00:14:43,216 Justin was my only child. 379 00:14:43,299 --> 00:14:44,801 It was just me and him after my wife died 380 00:14:44,926 --> 00:14:46,636 when Justin was in grade school. 381 00:14:46,720 --> 00:14:49,389 We're terribly sorry for your loss, sir. 382 00:14:49,472 --> 00:14:52,267 I'm sure Detective O'Brien asked you this nine years ago, 383 00:14:52,392 --> 00:14:54,602 but was Justin having problems with anyone at the time? 384 00:14:54,728 --> 00:14:56,479 Oh, no, no. He was a good boy. 385 00:14:56,604 --> 00:14:58,648 He had this way of talking to people, 386 00:14:58,732 --> 00:14:59,858 make 'em laugh, 387 00:14:59,941 --> 00:15:01,234 put 'em at ease, you know? 388 00:15:01,317 --> 00:15:02,360 We were told he was in school. 389 00:15:02,444 --> 00:15:03,611 Yeah, he was going 390 00:15:03,695 --> 00:15:05,196 to Pratt Institute, going for a Master's Degree, 391 00:15:05,322 --> 00:15:08,199 Graphic Arts, doin' real good too. 392 00:15:08,325 --> 00:15:10,368 Look, the only explanation I have 393 00:15:10,493 --> 00:15:12,120 is no explanation at all. 394 00:15:12,245 --> 00:15:15,290 Wrong place, wrong time. 395 00:15:15,373 --> 00:15:19,377 To lose him like that almost killed me too. 396 00:15:21,379 --> 00:15:23,840 Did he ever mention any kind of romantic problems? 397 00:15:23,923 --> 00:15:25,467 He had a nice girlfriend. 398 00:15:25,550 --> 00:15:28,636 A girl he met who worked at the college, uh... 399 00:15:28,720 --> 00:15:30,055 Nancy was her name. 400 00:15:30,138 --> 00:15:31,556 She was at the funeral. 401 00:15:31,639 --> 00:15:35,185 They were just starting to get serious, too. 402 00:15:35,268 --> 00:15:37,270 I met Justin when he cae into the placement offie 403 00:15:37,354 --> 00:15:39,022 looking for a part-time job. 404 00:15:39,105 --> 00:15:40,190 The two of you hit it off. 405 00:15:40,273 --> 00:15:41,399 We did. 406 00:15:41,483 --> 00:15:43,485 How long were you seeing each other when... 407 00:15:43,568 --> 00:15:45,779 Six months. 408 00:15:45,862 --> 00:15:48,365 Are we bothering you, Miss Harvard? 409 00:15:48,490 --> 00:15:50,241 Mrs. 410 00:15:50,367 --> 00:15:52,243 It's just that... 411 00:15:52,327 --> 00:15:53,787 I don't know... 412 00:15:53,912 --> 00:15:55,830 That was a lifetime ago. 413 00:15:55,955 --> 00:15:57,582 I'm married now. 414 00:15:57,666 --> 00:16:01,252 Brings back a lot of hard memories. 415 00:16:01,378 --> 00:16:04,464 Well, I'm sure you'd like to see whoever killed Justin 416 00:16:04,589 --> 00:16:07,634 be brought to justice. 417 00:16:07,759 --> 00:16:09,844 Yes, I would. 418 00:16:09,928 --> 00:16:13,598 I'm sorry. 419 00:16:13,682 --> 00:16:16,476 Was there anyone else in your life back then? 420 00:16:16,601 --> 00:16:18,228 Who would kill Justin? 421 00:16:18,311 --> 00:16:20,855 Well... 422 00:16:20,980 --> 00:16:21,940 No. 423 00:16:22,023 --> 00:16:23,984 No, not at all. 424 00:16:24,067 --> 00:16:25,276 When was this picture taken? 425 00:16:25,360 --> 00:16:26,986 About nine years ago. 426 00:16:27,070 --> 00:16:29,614 Not long after Justin died. 427 00:16:29,698 --> 00:16:31,866 It's in New Hampshire, my parents' 30th anniversary. 428 00:16:31,991 --> 00:16:33,326 April 13t. 429 00:16:33,410 --> 00:16:34,202 And the man in the picture with you, 430 00:16:34,285 --> 00:16:35,829 the one with the bandage on his hand? 431 00:16:35,954 --> 00:16:37,455 It's my brother, Bruce. 432 00:16:37,539 --> 00:16:40,834 Did he live in New Hampshire back then? 433 00:16:40,917 --> 00:16:43,878 No. On the West Side, actually. 434 00:16:44,004 --> 00:16:45,755 On 49th Street? 435 00:16:45,880 --> 00:16:48,383 How did you know that? 436 00:16:52,345 --> 00:16:54,347 I met Justin once or twice. 437 00:16:54,431 --> 00:16:57,934 What a tragedy for his family. 438 00:16:58,059 --> 00:17:00,186 And it was hard on my sister. 439 00:17:00,270 --> 00:17:02,272 How'd you and Justin get along? 440 00:17:02,355 --> 00:17:04,733 Like I said, I never knew him very well. 441 00:17:04,858 --> 00:17:07,694 You had a hand injury back then, Mr. Elwin. 442 00:17:07,777 --> 00:17:10,030 Did I? We saw it in the anniversary picture 443 00:17:10,155 --> 00:17:11,239 in your sister's office. 444 00:17:11,364 --> 00:17:12,490 You're right. 445 00:17:12,574 --> 00:17:15,410 I had a bandage on at my parents' party. 446 00:17:15,535 --> 00:17:16,995 You know, I still have a scar 447 00:17:17,120 --> 00:17:19,164 from that. How'd you hurt yourself? 448 00:17:19,247 --> 00:17:21,416 I fell. 449 00:17:21,499 --> 00:17:22,834 Cut my hand on some broken glass. 450 00:17:22,917 --> 00:17:24,753 Did you go to a hospital and get it looked at? 451 00:17:24,878 --> 00:17:25,879 No. 452 00:17:25,962 --> 00:17:29,466 I believe I took care of it myself. 453 00:17:29,549 --> 00:17:33,261 Is there anything else I can help you with, Detectives? 454 00:17:33,386 --> 00:17:35,805 Not right now, Mr. Elwin. 455 00:17:35,889 --> 00:17:37,390 Thanks. 456 00:17:37,474 --> 00:17:38,975 You like the brother? 457 00:17:39,100 --> 00:17:41,019 Too many coincidences. 458 00:17:41,144 --> 00:17:42,520 The hand injury, the murder weapon 459 00:17:42,604 --> 00:17:43,730 in the building next to him... 460 00:17:43,855 --> 00:17:45,273 He could access the roof there? 461 00:17:45,357 --> 00:17:47,025 Easily, perfect stash spot. 462 00:17:47,150 --> 00:17:48,902 We went back and showed Elwin's photo 463 00:17:49,027 --> 00:17:51,029 to the mutt who had an argument with the victim that night, 464 00:17:51,154 --> 00:17:52,405 and he was pretty sure it was Elwin 465 00:17:52,530 --> 00:17:53,865 who was standing outside the copy place. 466 00:17:53,948 --> 00:17:55,950 But it's been too long for him to be certain. 467 00:17:56,034 --> 00:17:57,118 What about a motive? 468 00:17:57,202 --> 00:17:58,370 The victim was dating his sister. 469 00:17:58,495 --> 00:17:59,913 And he didn't approve because... 470 00:18:00,038 --> 00:18:00,914 Black guy, white girl. 471 00:18:00,955 --> 00:18:02,916 Well, bring the sister in, rattle her cage, 472 00:18:03,041 --> 00:18:05,669 see if you can get her to consent to a DNA swab. 473 00:18:05,752 --> 00:18:07,504 It could eliminate her brother. 474 00:18:07,629 --> 00:18:09,631 Or put a nail in his coffin. 475 00:18:09,714 --> 00:18:12,759 Bruce was never crazy about any of my boyfriends. 476 00:18:12,842 --> 00:18:14,594 You know how big brothers are. 477 00:18:14,678 --> 00:18:15,970 We'll take that to mean that he didn't like him. 478 00:18:16,096 --> 00:18:17,430 If you knew my brother, 479 00:18:17,555 --> 00:18:20,350 you would know he could never hurt anybody. 480 00:18:20,475 --> 00:18:21,893 If you're so sure he hd nothing to do with thi, 481 00:18:21,976 --> 00:18:24,854 you'll have no problem giving us a DNA sample. 482 00:18:24,980 --> 00:18:26,356 I don't know. 483 00:18:26,439 --> 00:18:27,357 What's the problem, Nancy? 484 00:18:27,440 --> 00:18:28,983 Are you beginning to doubt your brother? 485 00:18:29,109 --> 00:18:30,360 No! 486 00:18:30,485 --> 00:18:31,861 It's just--well, I think 487 00:18:31,945 --> 00:18:34,489 that we should talk to a lawyer about this. 488 00:18:34,614 --> 00:18:35,448 So can I go now? 489 00:18:35,573 --> 00:18:36,950 Yeah, sure. 490 00:18:37,033 --> 00:18:39,828 If you don't want to cooperate, it's gonna go 491 00:18:39,911 --> 00:18:41,663 on our reports, you know. I don't care. 492 00:18:41,746 --> 00:18:43,999 My brother didn't kill anybody. 493 00:18:47,210 --> 00:18:48,420 Detective. 494 00:18:48,545 --> 00:18:51,131 This guys says his sister's up here. 495 00:18:51,256 --> 00:18:54,050 Bruce, what are you doing here? 496 00:18:54,134 --> 00:18:57,679 I killed Justin, Nancy. 497 00:19:01,016 --> 00:19:03,018 I killed Justin Lennard. 498 00:19:12,402 --> 00:19:15,488 Mr. Elwin, did you rea, understand and sin 499 00:19:15,613 --> 00:19:17,407 a coy of your Miranda warning? 500 00:19:17,490 --> 00:19:18,533 Yes. 501 00:19:18,658 --> 00:19:19,909 You want to waive your rights 502 00:19:20,035 --> 00:19:21,536 and proceed with this statement? 503 00:19:21,661 --> 00:19:24,539 Yes. 504 00:19:24,664 --> 00:19:25,665 Nine years ago, 505 00:19:25,749 --> 00:19:28,710 did you know a man named Justin Lennard? 506 00:19:28,835 --> 00:19:30,545 He was my sister's boyfriend. 507 00:19:30,628 --> 00:19:34,507 Did you see him on the night of April 7, 1996? 508 00:19:34,591 --> 00:19:37,385 Yes. On Broadway and 108th Street. 509 00:19:37,510 --> 00:19:39,471 Tell us what happene. 510 00:19:39,554 --> 00:19:40,180 I waited for Justin 511 00:19:40,305 --> 00:19:42,057 to leave work. 512 00:19:42,182 --> 00:19:44,184 When he came out, I followed him for half a block. 513 00:19:44,267 --> 00:19:46,353 Why? 514 00:19:46,478 --> 00:19:48,563 I had a gun in my pocket. 515 00:19:48,688 --> 00:19:50,690 To scare hi. 516 00:19:50,815 --> 00:19:52,484 But he grabbed my am 517 00:19:52,567 --> 00:19:57,572 and tried to wrestle the gun away from me. 518 00:19:57,655 --> 00:20:01,034 We broke a store window when we were struggling, 519 00:20:01,117 --> 00:20:02,535 and I cut my hand. 520 00:20:02,661 --> 00:20:06,664 Somehow I managd to pull fre. 521 00:20:06,748 --> 00:20:12,379 I stepped away... 522 00:20:12,504 --> 00:20:15,548 and I shot him. 523 00:20:15,632 --> 00:20:17,592 I shot him three times. 524 00:20:17,717 --> 00:20:20,011 What did you do then? 525 00:20:22,681 --> 00:20:24,766 I left him there on the sidewalk 526 00:20:24,891 --> 00:20:28,103 and I went home. 527 00:20:28,186 --> 00:20:29,938 I hid the gun in a vent on the roof 528 00:20:30,021 --> 00:20:31,564 of the building next to mine. 529 00:20:31,690 --> 00:20:34,484 Were you intoxicated or using drugs 530 00:20:34,567 --> 00:20:35,777 the night you shot Lennard? 531 00:20:35,902 --> 00:20:39,572 No. I was stone sober. 532 00:20:39,656 --> 00:20:40,782 So if you 533 00:20:40,907 --> 00:20:43,618 just wanted to scare him, 534 00:20:43,743 --> 00:20:45,412 why did you end up shooting him? 535 00:20:48,248 --> 00:20:52,168 'Cause he said he and Nancy were in love. 536 00:20:57,424 --> 00:21:03,430 And I didn't want my sister to marry a black man. 537 00:21:10,061 --> 00:21:13,398 Docket number 0-5-9-4-3. 538 00:21:13,481 --> 00:21:16,651 People versus Bruce Elwin. Murder in the Second Degree. 539 00:21:16,776 --> 00:21:17,986 How do you plead, Mr. Elwin? 540 00:21:18,111 --> 00:21:19,988 I'd rather not choose, Your Honor. 541 00:21:20,113 --> 00:21:22,615 Talk to your client, Mr. Clemens. 542 00:21:22,699 --> 00:21:24,159 What's the matter? 543 00:21:24,284 --> 00:21:25,285 I don't want to choose. 544 00:21:28,830 --> 00:21:31,958 He refuses to enter a plea. He's adamant. 545 00:21:32,042 --> 00:21:34,461 Then I'll do it for him: Not guilty. 546 00:21:34,586 --> 00:21:35,545 People on bail? 547 00:21:35,628 --> 00:21:36,546 Your Honor, the defendant 548 00:21:36,629 --> 00:21:37,964 freely confessed 549 00:21:38,089 --> 00:21:40,550 to a murder motivated by racial animus. 550 00:21:40,633 --> 00:21:42,010 We plan a hate crie enhancemen. 551 00:21:42,135 --> 00:21:43,595 We're askig that Mr. Elwin be remande. 552 00:21:43,678 --> 00:21:45,472 So I suppose you're going to tell me 553 00:21:45,555 --> 00:21:48,141 that he deserves some bail because he turned himself in? 554 00:21:48,266 --> 00:21:49,142 Actually no. 555 00:21:49,267 --> 00:21:51,019 Mr. Elwin consents to remand. 556 00:21:51,144 --> 00:21:52,812 Wish they were all that easy. 557 00:21:52,937 --> 00:21:54,564 Defendant is remanded. 558 00:21:54,647 --> 00:21:58,234 Send it to a Trial Part. 559 00:22:00,653 --> 00:22:02,614 I'm as competitive as the next guy. 560 00:22:02,697 --> 00:22:04,949 You think it was fun sitting on my hands at arraignment? 561 00:22:05,033 --> 00:22:07,619 So what's it about, Kevin? 562 00:22:07,702 --> 00:22:08,953 There's no hidden agenda here. 563 00:22:09,037 --> 00:22:10,663 Elwin's genuinely remorseful. 564 00:22:10,747 --> 00:22:12,832 The first thing he said to me is he wants to throw himself 565 00:22:12,916 --> 00:22:15,168 on the mercy of the court and do his time. 566 00:22:15,293 --> 00:22:16,711 All 30 years of it? 567 00:22:16,836 --> 00:22:18,713 He knows the deal. 568 00:22:18,838 --> 00:22:21,883 And you're just gonna stand back 569 00:22:22,008 --> 00:22:24,344 and assist him in committing legal suicide? 570 00:22:24,469 --> 00:22:26,388 He's the client. 571 00:22:26,513 --> 00:22:29,307 I advise him of his options, and he makes the calls. 572 00:22:31,935 --> 00:22:34,604 If it walks like a duck and talks like a duck... 573 00:22:34,688 --> 00:22:36,231 When was the last time you had a case 574 00:22:36,356 --> 00:22:39,025 where the defendant surrendered, confessed, and, I quote, 575 00:22:39,109 --> 00:22:41,069 "threw himself on the mercy of the court"? 576 00:22:41,194 --> 00:22:43,655 Never. There's your duck. 577 00:22:43,780 --> 00:22:46,658 So calendar an allocution on a guilty plea. 578 00:22:46,741 --> 00:22:48,535 We'll see if Elwin balks. 579 00:22:51,371 --> 00:22:52,998 Your client intends to enter 580 00:22:53,081 --> 00:22:55,542 a plea of guilty to Second Degree Murder, Mr. Clemens? 581 00:22:55,667 --> 00:22:56,626 That's correct, Judge. 582 00:22:56,710 --> 00:22:58,253 Does he wish to challenge 583 00:22:58,378 --> 00:23:00,213 the hate enhancement filed by the District Attorney? 584 00:23:00,338 --> 00:23:02,090 No. 585 00:23:02,215 --> 00:23:04,259 Mr. Elwin, do you understand that I can 586 00:23:04,342 --> 00:23:07,303 sentence you to up to 30 years to life on this plea? 587 00:23:07,429 --> 00:23:08,346 Yes, sir, I do. 588 00:23:08,430 --> 00:23:10,765 Very well. 589 00:23:10,849 --> 00:23:12,892 Will you take his allocution, Mr. McCoy? 590 00:23:13,018 --> 00:23:15,019 On the night 591 00:23:15,103 --> 00:23:16,730 of April 7, 1996, 592 00:23:16,813 --> 00:23:18,690 did you shoot Justin Lennard 593 00:23:18,773 --> 00:23:19,649 with the intent to kill him? 594 00:23:19,733 --> 00:23:20,734 Yes. 595 00:23:20,859 --> 00:23:22,694 Can you tell us in your own words 596 00:23:22,777 --> 00:23:23,778 how this happened? 597 00:23:23,903 --> 00:23:29,200 I went to the store where Justin worked, 598 00:23:29,284 --> 00:23:31,911 and I waited outside for him. 599 00:23:32,037 --> 00:23:34,247 May I be heard, Judge? 600 00:23:34,330 --> 00:23:36,207 I've been retained to represent Bruce Elwin. 601 00:23:36,291 --> 00:23:38,168 You're a little late, Ms. Weiss. 602 00:23:38,251 --> 00:23:39,794 He's just abot to allocut. 603 00:23:39,919 --> 00:23:43,256 Not anymore. His guilty plea is withdrawn. 604 00:23:46,092 --> 00:23:48,219 Sorry for the histrionics, 605 00:23:48,303 --> 00:23:50,722 but I was retained an hour before this case was calendared. 606 00:23:50,805 --> 00:23:52,098 If you were proceeding with a guilty plea, 607 00:23:52,223 --> 00:23:53,433 you wouldn't be here. 608 00:23:53,558 --> 00:23:54,267 You always could read 609 00:23:54,309 --> 00:23:55,769 the handwriting on the wall, Jack. 610 00:23:55,894 --> 00:23:57,187 Maybe you should do the same. 611 00:23:57,270 --> 00:23:58,271 We have a rock solid confession 612 00:23:58,355 --> 00:24:00,106 and a murder weapon stashed 50 feet 613 00:24:00,190 --> 00:24:01,483 from your client's front door. 614 00:24:01,566 --> 00:24:04,069 I know you have a strong case on the evidence, 615 00:24:04,152 --> 00:24:06,446 but I have a strong case on the equities. 616 00:24:06,529 --> 00:24:07,614 This is a hate crime. 617 00:24:07,739 --> 00:24:09,074 For the past nine years, 618 00:24:09,157 --> 00:24:11,242 my client has led an exemplary life. 619 00:24:11,326 --> 00:24:13,870 Meaning he hasn't murdered any other black men. 620 00:24:13,953 --> 00:24:15,580 Meaning he shouldn't be prosecuted at all. 621 00:24:15,663 --> 00:24:18,166 He is a different persn than the one who committd 622 00:24:18,291 --> 00:24:20,752 what even he agrees is a despicable crime. 623 00:24:20,835 --> 00:24:21,836 What's the punch line? 624 00:24:21,920 --> 00:24:24,172 I'm filing a Clayton motion asking 625 00:24:24,255 --> 00:24:27,258 that his case be dismissed in the interest of justice. 626 00:24:27,342 --> 00:24:28,968 Ever since he committed this crime, 627 00:24:29,094 --> 00:24:32,138 Mr. Elwin's been a born-again Christian. 628 00:24:38,186 --> 00:24:39,979 thi. 629 00:24:40,063 --> 00:24:41,648 If Judge Taylor grants the Clayton motion, 630 00:24:41,773 --> 00:24:42,816 it's a dismissal on the merits. 631 00:24:42,899 --> 00:24:44,359 The defendant walks. 632 00:24:44,442 --> 00:24:46,111 A successful Clayton motion is rare enough. 633 00:24:46,236 --> 00:24:48,613 I don't think this one has a snowball's chance in hell. 634 00:24:48,697 --> 00:24:49,489 There are more people 635 00:24:49,531 --> 00:24:51,032 who believe in angels in this country 636 00:24:51,157 --> 00:24:52,033 than in evolution. 637 00:24:52,117 --> 00:24:55,453 I doubt if Judge Taylor is one of them. 638 00:24:55,578 --> 00:24:56,788 Then we lucked out. 639 00:24:56,830 --> 00:24:57,998 There's a judge or three who could be sympathetic to this. 640 00:24:58,123 --> 00:24:59,040 For instance? 641 00:24:59,124 --> 00:25:00,834 Justice Scalia said 642 00:25:00,917 --> 00:25:03,086 our laws derive their authority from God. 643 00:25:03,169 --> 00:25:06,131 William O. Douglas wrote that we're a religious people 644 00:25:06,214 --> 00:25:08,591 whose institutions presuppose a Supreme Being. 645 00:25:08,675 --> 00:25:11,177 How does that translate into a free pass for murder? 646 00:25:11,261 --> 00:25:13,763 The defense is arguing that since Elwin 647 00:25:13,847 --> 00:25:16,641 has redeemed himself in the eyes of the Lord, 648 00:25:16,725 --> 00:25:17,892 the law should recognize that. 649 00:25:18,018 --> 00:25:18,893 It will. 650 00:25:18,977 --> 00:25:20,979 After he admits his responsibility. 651 00:25:21,104 --> 00:25:23,398 He tried that. Weiss pulled the plug. 652 00:25:23,481 --> 00:25:25,734 This stratagem is just an excuse for Wendy Weiss 653 00:25:25,817 --> 00:25:28,653 to put on a little guerilla theater in the courtroom. 654 00:25:28,737 --> 00:25:31,114 No better time than now, Jack. 655 00:25:31,197 --> 00:25:33,992 She's dreaming if she thinks she can cash in on that. 656 00:25:34,075 --> 00:25:35,410 Would you have ever dreamed 657 00:25:35,493 --> 00:25:36,911 that Congress and the President would intervene 658 00:25:36,995 --> 00:25:38,079 in the Terry Schiavo situation? 659 00:25:38,204 --> 00:25:40,999 Or that the Colorado Supreme Court would split 660 00:25:41,124 --> 00:25:42,792 3-2 on whether the jury could consult 661 00:25:42,917 --> 00:25:44,836 the Bible on the death sentence? 662 00:25:44,919 --> 00:25:46,004 Trust me, Wendy Weis 663 00:25:46,087 --> 00:25:48,048 is not a true believer. 664 00:25:48,131 --> 00:25:49,632 What does she have to lose? 665 00:25:49,716 --> 00:25:52,344 If her Clayton motion is denied, she's no worse off. 666 00:25:52,427 --> 00:25:53,762 If Judge Taylor doesn't bite, 667 00:25:53,887 --> 00:25:55,055 this could work as jury nullification. 668 00:25:55,180 --> 00:25:58,433 In New York City, I'll take my chances. 669 00:25:58,516 --> 00:26:01,269 Maybe it's a good thing I'm not on your jury. 670 00:26:01,394 --> 00:26:03,104 Really? 671 00:26:03,188 --> 00:26:04,814 I go to church, Jack. 672 00:26:04,939 --> 00:26:07,400 I believe in spiritual redemption. 673 00:26:07,484 --> 00:26:08,818 The born-again Christians that I know 674 00:26:08,902 --> 00:26:10,904 have had a genuine moral awakening. 675 00:26:11,029 --> 00:26:12,739 And people facing life in prison 676 00:26:12,864 --> 00:26:14,866 often awake to find religion. 677 00:26:16,534 --> 00:26:19,037 So why don't I find out just how genuine 678 00:26:19,162 --> 00:26:20,663 Elwin's transformation was? 679 00:26:24,292 --> 00:26:26,127 Bruce moved in here over ten years ago. 680 00:26:26,252 --> 00:26:28,963 He had a stereo system on this wall, a big TV, 681 00:26:29,047 --> 00:26:30,965 tons of video games. 682 00:26:31,091 --> 00:26:33,760 He had a real nice leather sofa set over here. 683 00:26:33,843 --> 00:26:35,303 What happened to it all? 684 00:26:35,428 --> 00:26:37,764 One day a Salvation Army truck pulled up, took it all. 685 00:26:37,847 --> 00:26:38,682 Gave away his BMW too. 686 00:26:38,765 --> 00:26:40,058 When was this? 687 00:26:40,141 --> 00:26:41,434 About nine years ag. 688 00:26:41,518 --> 00:26:42,936 That's when he drank the Kool-Aid. 689 00:26:43,061 --> 00:26:44,062 He found religion? Yeah. 690 00:26:44,145 --> 00:26:45,146 One day I call him u, 691 00:26:45,271 --> 00:26:47,148 and he says he's not hanging out anymore, 692 00:26:47,232 --> 00:26:48,191 says he's changing his life. 693 00:26:48,274 --> 00:26:49,484 The next thing I know, 694 00:26:49,609 --> 00:26:51,528 it's Jesus this and the Lord that. 695 00:26:51,653 --> 00:26:54,072 Whoa, man, I went to Catholic school, all right? 696 00:26:54,155 --> 00:26:55,699 So we didn't hang out anymore. 697 00:26:55,824 --> 00:26:56,825 And he quit his job too. 698 00:26:56,866 --> 00:26:59,536 Started to work for one of them do-gooder outfits. 699 00:27:02,580 --> 00:27:05,542 Bruce was a Senior Systems Analyst at a bank. 700 00:27:05,667 --> 00:27:07,752 He said he wanted to give notice and work here. 701 00:27:07,836 --> 00:27:08,795 Did he say why? 702 00:27:08,878 --> 00:27:10,130 He didn't need to. 703 00:27:10,255 --> 00:27:12,257 It was obvious he wanted to change his life 704 00:27:12,340 --> 00:27:14,134 and give something back to the community. 705 00:27:14,217 --> 00:27:15,802 How could you tell? 706 00:27:15,885 --> 00:27:17,470 There are many people like Bruce, 707 00:27:17,595 --> 00:27:19,180 people who wake up one morning 708 00:27:19,264 --> 00:27:21,558 and are unhappy with what they see in the mirror. 709 00:27:21,641 --> 00:27:24,227 He was making $200,000. 710 00:27:24,352 --> 00:27:25,937 I told him the West Side Family Center 711 00:27:26,021 --> 00:27:27,647 could only pay him eight or nine. 712 00:27:27,772 --> 00:27:29,941 And he said he'd take it on one condition. 713 00:27:30,025 --> 00:27:32,193 That I tithe 10% of his salary 714 00:27:32,277 --> 00:27:35,363 and earmark it for one of our children's funds. 715 00:27:35,447 --> 00:27:39,242 I talked to friends, coworkers, family. 716 00:27:39,367 --> 00:27:41,202 Bruce Elwin is the real deal. 717 00:27:41,286 --> 00:27:43,705 Within weeks after he murdered Justin Lennard, 718 00:27:43,830 --> 00:27:44,664 he renounced his lifestyle 719 00:27:44,706 --> 00:27:46,124 and most of its worldly accoutrements. 720 00:27:46,249 --> 00:27:47,542 Means you're going to have 721 00:27:47,625 --> 00:27:49,544 to oppose his motion on the merits. 722 00:27:49,669 --> 00:27:52,464 That's fine, because it has no merit. 723 00:27:52,589 --> 00:27:54,883 You may think that, but the facts indicate 724 00:27:55,008 --> 00:27:56,676 that Elwin's spent the last nine years 725 00:27:56,760 --> 00:27:57,844 atoning for what he did. 726 00:27:57,927 --> 00:27:59,512 I don't care if he comes to court 727 00:27:59,596 --> 00:28:00,638 with a hair shirt and a scourge. 728 00:28:00,764 --> 00:28:01,973 Murder is murder. 729 00:28:02,098 --> 00:28:04,309 And the defense will argue 730 00:28:04,392 --> 00:28:05,935 that if rehabilitation is the reason 731 00:28:06,019 --> 00:28:07,187 that we put murderers in jail, 732 00:28:07,270 --> 00:28:08,521 Elwin's well on his way 733 00:28:08,605 --> 00:28:09,731 to accomplishing that on his own. 734 00:28:09,814 --> 00:28:13,735 Well, there are other reasons for incarceration-- 735 00:28:13,818 --> 00:28:16,905 deterrence, denunciation... 736 00:28:16,988 --> 00:28:18,948 and there's a catharsis for everyone 737 00:28:19,032 --> 00:28:20,659 in seeing the guilty punished. 738 00:28:20,784 --> 00:28:22,994 Well, we stopped holding executions in the Town Square. 739 00:28:23,078 --> 00:28:24,871 And they're not called penitentiaries anymore, 740 00:28:24,996 --> 00:28:26,498 they're correctional facilities. 741 00:28:26,581 --> 00:28:27,540 Anyone who's ever been in one 742 00:28:27,624 --> 00:28:29,000 knows that that's a bad joke. 743 00:28:29,125 --> 00:28:30,543 You can't dispute the fact 744 00:28:30,669 --> 00:28:32,587 that Elwin is doing more for society now 745 00:28:32,671 --> 00:28:34,297 than if he spent his life in jail. 746 00:28:34,381 --> 00:28:36,591 So we'll forgive you if you kill someone 747 00:28:36,674 --> 00:28:39,552 so long as you demonstrate you're really sorry. 748 00:28:39,636 --> 00:28:41,513 Forgiveness is a Christian ideal. 749 00:28:41,638 --> 00:28:43,306 And if you don't believe in Christ, well, then, 750 00:28:43,431 --> 00:28:46,351 you just have to do your time? 751 00:28:46,434 --> 00:28:49,229 The logical outgrowth of this insanity. 752 00:28:49,354 --> 00:28:52,649 The defense is asking Judge Taylor to recuse himself. 753 00:28:52,732 --> 00:28:53,858 Why? 754 00:28:53,942 --> 00:28:57,070 He has an anti-Christian bias. 755 00:28:57,195 --> 00:28:59,364 You sent my blood pressure off the charts 756 00:28:59,447 --> 00:29:00,907 with this one, Ms. Weiss. 757 00:29:00,990 --> 00:29:02,117 Nothing personal, Judge, 758 00:29:02,242 --> 00:29:03,910 but when you consider the subject matter, 759 00:29:03,993 --> 00:29:05,078 of our Clayton motion-- 760 00:29:05,161 --> 00:29:06,621 Of course it's personal. 761 00:29:06,746 --> 00:29:07,747 It's blatant judge shopping, Your Honor. 762 00:29:07,831 --> 00:29:10,125 And you better convince me otherwise, Counselor. 763 00:29:10,208 --> 00:29:12,210 When you sat in Civil Term, 764 00:29:12,293 --> 00:29:14,546 you demonstrated an anti-Christian bias 765 00:29:14,629 --> 00:29:16,589 in severl of your decision. 766 00:29:16,673 --> 00:29:18,425 In Cohen v. Tenants Association 767 00:29:18,550 --> 00:29:21,136 you ordered a crèche removed from Gramercy Park. 768 00:29:21,261 --> 00:29:23,179 In Waverly v. Board of Ed you prohibited 769 00:29:23,304 --> 00:29:25,432 funding for an after-school Bible club-- 770 00:29:25,557 --> 00:29:27,726 Those decisions were mandated by the First Amendment. 771 00:29:27,851 --> 00:29:30,437 You joined in a memo forbidding the singing of carols 772 00:29:30,520 --> 00:29:31,813 at the courthouse Christmas party. 773 00:29:31,896 --> 00:29:33,189 You were supported 774 00:29:33,273 --> 00:29:34,983 for your re-electin by the Libertarian Part, 775 00:29:35,108 --> 00:29:36,568 the ACLU- 776 00:29:36,651 --> 00:29:38,111 Do you have a list of the books 777 00:29:38,236 --> 00:29:39,237 Judge Taylor borrowed from the library? 778 00:29:39,362 --> 00:29:42,324 You know what, Ms. Weiss? 779 00:29:42,449 --> 00:29:44,993 As deeply offended by this as I am, 780 00:29:45,076 --> 00:29:46,453 I'm going to recuse myself. 781 00:29:46,536 --> 00:29:50,290 I can't believe you're acquiescing to this, Judge! 782 00:29:50,373 --> 00:29:52,334 I don't need you riding me, Mr. McCoy. 783 00:29:52,417 --> 00:29:53,918 If you entertain this application, 784 00:29:54,002 --> 00:29:57,630 you will only encourage more disqualification motions-- 785 00:29:57,756 --> 00:29:59,174 black defendants demanding black judges, 786 00:29:59,299 --> 00:30:01,301 gay defendants seeking-- 787 00:30:01,426 --> 00:30:03,178 I get the point. 788 00:30:03,303 --> 00:30:04,846 But I need the resolution of this matter 789 00:30:04,929 --> 00:30:06,514 to be bulletproof. 790 00:30:09,934 --> 00:30:12,228 To avoid the appearance of any impropriety 791 00:30:12,312 --> 00:30:14,355 or retaliation against the defendant, 792 00:30:14,439 --> 00:30:16,191 I'll refer this matter for a hearing 793 00:30:16,274 --> 00:30:17,859 in the Motion Part. 794 00:30:17,984 --> 00:30:20,028 That would be.. 795 00:30:20,111 --> 00:30:24,407 Judge Proctor, who I'm sure is on all the right lists. 796 00:30:29,579 --> 00:30:32,248 When did Bruce Elwin join your congregation, Pastor? 797 00:30:32,332 --> 00:30:33,458 Nine years ago. 798 00:30:33,541 --> 00:30:35,001 And is he an active member 799 00:30:35,085 --> 00:30:36,461 of the Second Church of the Lamb? 800 00:30:36,544 --> 00:30:37,671 Oh, yes. 801 00:30:37,712 --> 00:30:40,382 Bruce is a regular worshipper and a frequent volunteer. 802 00:30:40,465 --> 00:30:42,217 He's on our Steering Committee, 803 00:30:42,342 --> 00:30:43,343 and he wors two nights a wek 804 00:30:43,468 --> 00:30:46,262 in our church pantry serving meals to the indigent. 805 00:30:51,184 --> 00:30:55,397 Did Mr. Elwin ever consult you on personal matters, Pastor? 806 00:30:55,480 --> 00:30:57,774 From time to tim. 807 00:30:57,857 --> 00:31:00,193 Did he ever tell you what prompted him to become 808 00:31:00,276 --> 00:31:02,195 a born-again Christian? 809 00:31:02,320 --> 00:31:04,906 Only in a roundabout way, Mr. McCoy. 810 00:31:05,031 --> 00:31:07,784 He talked about his faith and how grateful he was 811 00:31:07,867 --> 00:31:09,911 to find salvatin in the Lord Jesus Chris. 812 00:31:10,036 --> 00:31:16,209 He never admitted to you that he murdered Justin Lennard? 813 00:31:16,334 --> 00:31:17,419 No. 814 00:31:17,502 --> 00:31:19,754 So you didn't know that he killed him 815 00:31:19,838 --> 00:31:22,007 because he was an African-American? 816 00:31:22,090 --> 00:31:25,844 Even so. 817 00:31:25,927 --> 00:31:28,304 If Bruce now accepts the Lord Jesus Christ 818 00:31:28,430 --> 00:31:30,265 as his personal savior, 819 00:31:30,390 --> 00:31:32,600 I'd still embrace him. 820 00:31:41,985 --> 00:31:44,612 Did you kill Justin Lennard? 821 00:31:44,738 --> 00:31:46,197 Yes, I did. 822 00:31:46,281 --> 00:31:47,490 Can you tell us what happened 823 00:31:47,574 --> 00:31:50,452 after you shot him, Bruce? 824 00:31:50,535 --> 00:31:52,871 I went back to my apartment. 825 00:31:52,954 --> 00:31:53,872 I had a bottle of bourbon, 826 00:31:53,913 --> 00:31:57,834 and I started drinking until I passed out. 827 00:31:57,959 --> 00:32:01,421 I woke up the next day in a pool of my own vomit. 828 00:32:01,504 --> 00:32:04,132 And then I remembered what I had done. 829 00:32:04,215 --> 00:32:06,092 I-I went outside, 830 00:32:06,217 --> 00:32:09,095 and I walked to one of the piers on the Hudson River. 831 00:32:09,220 --> 00:32:12,932 Why, Bruce? 832 00:32:13,016 --> 00:32:14,267 To decide whether to 833 00:32:14,392 --> 00:32:19,105 throw myself into the river or turn myself in. 834 00:32:19,189 --> 00:32:20,982 I sat there and stared 835 00:32:21,107 --> 00:32:22,984 at the wate. 836 00:32:23,109 --> 00:32:24,527 And I decide. 837 00:32:24,611 --> 00:32:28,031 The river was my only way out. 838 00:32:28,114 --> 00:32:30,700 That's when I heard church bells off in the distance. 839 00:32:30,784 --> 00:32:34,996 I stoppd and I listene. 840 00:32:35,080 --> 00:32:38,166 It was Jesus calling me back 841 00:32:38,249 --> 00:32:40,377 from the edge of that pier. 842 00:32:40,460 --> 00:32:43,338 And at that moment, I... 843 00:32:43,463 --> 00:32:46,257 turned toward him and never looked back. 844 00:32:46,341 --> 00:32:48,468 May I ask a question? 845 00:32:48,551 --> 00:32:50,887 As you sit here today, Mr. Elwin, 846 00:32:50,970 --> 00:32:53,473 how do you feel about what you did to Justin Lennard? 847 00:32:53,598 --> 00:32:59,312 What I did and what I felt was evil. 848 00:32:59,437 --> 00:33:03,817 The hate that was inside me... 849 00:33:03,942 --> 00:33:07,404 was because I kept Jesus out of my soul. 850 00:33:13,952 --> 00:33:16,746 After you had this epiphany, Mr. Elwin, 851 00:33:16,830 --> 00:33:18,832 why didn't you turn yourself in? 852 00:33:18,915 --> 00:33:23,461 I thought the police would come for me. 853 00:33:23,586 --> 00:33:26,840 I-I called in sick and I just sat 854 00:33:26,923 --> 00:33:28,717 in my apartmet day after da. 855 00:33:28,842 --> 00:33:30,635 I praye. 856 00:33:30,719 --> 00:33:32,554 And I waited for that knock on the door, 857 00:33:32,637 --> 00:33:33,847 but it never came. 858 00:33:33,972 --> 00:33:37,517 Then I realizd the Lord hd 859 00:33:37,642 --> 00:33:40,311 other plans for me. 860 00:33:40,437 --> 00:33:41,938 That's when I quit my job 861 00:33:42,022 --> 00:33:44,816 and dedicated my life to serving Christ. 862 00:33:44,941 --> 00:33:47,569 A righteous man would've admitted his crime. 863 00:33:47,694 --> 00:33:49,946 Why'd you wait nine years? 864 00:33:50,030 --> 00:33:54,492 I just put myself into Christ's hands, 865 00:33:54,576 --> 00:33:56,536 and he sends me where he sends me. 866 00:33:56,661 --> 00:33:58,038 You read the Bible? 867 00:33:58,121 --> 00:33:59,372 Most day. 868 00:33:59,456 --> 00:34:00,582 You adhere to what it teaches 869 00:34:00,665 --> 00:34:03,001 about murder and retribution? 870 00:34:03,084 --> 00:34:06,546 Thou shalt not kill. 871 00:34:06,671 --> 00:34:07,922 An eye for an eye-- 872 00:34:08,048 --> 00:34:10,258 Yes, those are part of my beliefs. 873 00:34:10,342 --> 00:34:13,678 So you believe you should be punished 874 00:34:13,762 --> 00:34:15,430 for the sin you committed? 875 00:34:15,555 --> 00:34:18,683 That's not for me to say. 876 00:34:18,808 --> 00:34:21,102 All I can tell you is I-I let Jesus Christ 877 00:34:21,186 --> 00:34:23,563 into my heat and asked him for salvatio. 878 00:34:23,688 --> 00:34:24,481 Did Jesus direct you 879 00:34:24,564 --> 00:34:25,899 to file a motion 880 00:34:26,024 --> 00:34:27,692 to dismiss the murder charge against you? 881 00:34:27,776 --> 00:34:31,571 I'm not some kind of nut, Mr. McCoy. 882 00:34:31,655 --> 00:34:34,074 The Calvary Hill Foundation hired Miss Weiss 883 00:34:34,199 --> 00:34:35,241 to represent me. 884 00:34:35,325 --> 00:34:36,451 Once she knew all the facts, 885 00:34:36,534 --> 00:34:39,621 she had this ide. 886 00:34:39,746 --> 00:34:45,919 To change your plea of guilty to murder into a motion 887 00:34:46,044 --> 00:34:49,255 to excuse you from all the consequences? 888 00:34:49,381 --> 00:34:52,759 I know it doesn't sound logical to you. 889 00:34:52,842 --> 00:34:57,013 When the Lord closes the door, He opens a window. 890 00:35:03,061 --> 00:35:05,605 God works in mysterious ways, Mr. Elwin. 891 00:35:05,730 --> 00:35:10,694 You don't need to convince me, Mr. McCoy. 892 00:35:19,869 --> 00:35:22,497 It's not easy to cross-examine a true believer, Jack. 893 00:35:22,622 --> 00:35:23,665 Religion's one thing. 894 00:35:23,748 --> 00:35:25,750 But to invoke it as a mantra 895 00:35:25,834 --> 00:35:27,627 to avoid personal responsibility-- 896 00:35:27,752 --> 00:35:30,130 Mantra or not, Judge Proctor seemed riveted. 897 00:35:30,255 --> 00:35:31,131 Excuse me. 898 00:35:31,172 --> 00:35:34,175 Is he going to get away with killing my son? 899 00:35:34,300 --> 00:35:35,719 Not if I can help it, sir. 900 00:35:35,802 --> 00:35:39,514 I believe in God too, Mr. McCoy. 901 00:35:39,639 --> 00:35:42,350 I try to forgive, I just don't have it in me. 902 00:35:42,434 --> 00:35:44,853 I wish there was something I could say besides "I'm sorry." 903 00:35:44,936 --> 00:35:47,647 No offense, but I've been hearing "sorry" all morning. 904 00:35:47,772 --> 00:35:50,150 How about, "Don't do it in the first place"? 905 00:35:56,072 --> 00:35:58,783 Elwin's the last of the defense witnesses. 906 00:35:58,908 --> 00:36:01,703 I wonder why they're not calling his sister. 907 00:36:01,786 --> 00:36:04,664 She didn't give the cops a DNA sample. 908 00:36:04,748 --> 00:36:06,708 Maybe she isn't a true believer in her brother. 909 00:36:06,833 --> 00:36:08,752 Let's hit her with a subpoena. 910 00:36:13,256 --> 00:36:15,342 Bruce and I didn't know any African-Americans 911 00:36:15,425 --> 00:36:16,634 growing up in New Hampshire. 912 00:36:16,760 --> 00:36:19,137 So how did he react when you started 913 00:36:19,220 --> 00:36:19,846 dating Justin Lennard? 914 00:36:19,888 --> 00:36:25,185 He asked how serious it was. 915 00:36:25,310 --> 00:36:27,771 I told Bruce that I was in love with him. 916 00:36:27,896 --> 00:36:31,232 How did your brother respond? 917 00:36:31,316 --> 00:36:33,318 I don't remember. 918 00:36:33,443 --> 00:36:35,737 He's admitted to killing Justin 919 00:36:35,820 --> 00:36:37,822 because he was black, Mrs. Harvard. 920 00:36:37,906 --> 00:36:39,366 He must've said something. 921 00:36:39,449 --> 00:36:40,742 I guess, maybe he did. 922 00:36:40,867 --> 00:36:43,620 Well, what did he say? 923 00:36:45,747 --> 00:36:49,876 He said that... 924 00:36:49,959 --> 00:36:53,129 He said that he didn't want me to waste my life. 925 00:36:53,254 --> 00:36:57,550 Waste it how? 926 00:36:57,634 --> 00:37:00,637 Waste it how, Mrs. Harvard? 927 00:37:00,720 --> 00:37:03,431 To waste it on-- 928 00:37:03,515 --> 00:37:05,725 To waste it on a black guy. 929 00:37:05,850 --> 00:37:09,437 Was that the language he used? 930 00:37:09,562 --> 00:37:13,650 No, he-- 931 00:37:13,733 --> 00:37:16,319 He used another word. 932 00:37:19,823 --> 00:37:22,742 Do I have to say it? 933 00:37:24,786 --> 00:37:27,247 So after saying what he said 934 00:37:27,372 --> 00:37:30,875 and doing what he did, 935 00:37:30,959 --> 00:37:33,920 do you honestly believe your brother is different now? 936 00:37:34,045 --> 00:37:36,172 Yes. 937 00:37:36,297 --> 00:37:38,800 I mean--I-- 938 00:37:38,883 --> 00:37:43,430 He called me from jail to say how sorry he was. 939 00:37:43,555 --> 00:37:45,557 And you accepted his apology? 940 00:37:45,640 --> 00:37:46,766 I did. 941 00:37:46,891 --> 00:37:53,815 I really want to... 942 00:37:53,898 --> 00:37:55,650 But how can you know 943 00:37:55,734 --> 00:37:59,279 what's in another person's heart? 944 00:38:16,713 --> 00:38:19,215 No one could argue with a straight face 945 00:38:19,340 --> 00:38:23,845 that Bruce's faith and rehabilitation aren't sincere. 946 00:38:23,970 --> 00:38:28,391 So here's the $64,000 question, Judge. 947 00:38:28,516 --> 00:38:32,645 Will the law recognize his rebirth in Jesus Christ? 948 00:38:32,729 --> 00:38:35,523 Or is it too scary to acknowledge 949 00:38:35,648 --> 00:38:38,109 that there's a higher moral authority 950 00:38:38,193 --> 00:38:40,862 than what's written in a law book somewhere? 951 00:38:40,945 --> 00:38:44,949 Bruce Elwin rendered himself unto the very power 952 00:38:45,075 --> 00:38:47,827 we openly acknowledge is the inspiration, 953 00:38:47,952 --> 00:38:50,789 even the source, of our legal institutions. 954 00:38:50,872 --> 00:38:54,834 God is wovn into the fabrc 955 00:38:54,918 --> 00:38:56,169 of our laws. 956 00:38:56,294 --> 00:38:59,464 Our legislative and our judicial bodies 957 00:38:59,547 --> 00:39:02,133 open their sessions with prayer. 958 00:39:02,258 --> 00:39:04,886 Witnesses who coe into this courtrom 959 00:39:04,969 --> 00:39:07,889 are asked to swer on a Bibl. 960 00:39:08,014 --> 00:39:12,519 Over your head, Judge, higher than the law itself 961 00:39:12,602 --> 00:39:14,396 is a simple statement: 962 00:39:14,479 --> 00:39:16,773 "In God We Trust." 963 00:39:16,898 --> 00:39:19,401 Is that just lip service? 964 00:39:19,484 --> 00:39:20,860 Let's put our money 965 00:39:20,944 --> 00:39:22,987 where our mouth is. 966 00:39:23,071 --> 00:39:26,658 Look at what God's done for Bruce Elwin. 967 00:39:26,741 --> 00:39:27,701 Can the justice 968 00:39:27,784 --> 00:39:30,036 of men do better? 969 00:39:35,583 --> 00:39:37,669 Is Ms. Weiss serious? 970 00:39:37,752 --> 00:39:40,755 If you really, really, really turn to God, 971 00:39:40,880 --> 00:39:41,673 you can murder someone 972 00:39:41,798 --> 00:39:44,884 and walk away with a clean slate? 973 00:39:44,968 --> 00:39:46,928 That doesn't put Mr. Elwin in line 974 00:39:47,053 --> 00:39:49,931 with any higher moral authority I'm aware of. 975 00:39:50,014 --> 00:39:52,183 It places him above the law. 976 00:39:52,267 --> 00:39:55,729 We can all acknowledge the existence 977 00:39:55,812 --> 00:39:58,565 of a higher moral authority. 978 00:39:58,690 --> 00:40:01,609 We see it in action when our collective conscience 979 00:40:01,693 --> 00:40:04,571 compels us to reject unjust 980 00:40:04,696 --> 00:40:05,947 or immoral laws. 981 00:40:06,031 --> 00:40:08,408 But while our actions may be guided by our faith, 982 00:40:08,533 --> 00:40:09,743 we deliberately 983 00:40:09,868 --> 00:40:12,954 don't conduct them under the guise of religion. 984 00:40:13,079 --> 00:40:14,497 Our founders left God 985 00:40:14,581 --> 00:40:15,999 out of the Constitution, 986 00:40:16,082 --> 00:40:18,752 not for lack of faith among them, 987 00:40:18,835 --> 00:40:19,961 but because of what they knew 988 00:40:20,045 --> 00:40:22,464 about the toxic combination 989 00:40:22,589 --> 00:40:24,507 of state and religious power. 990 00:40:24,591 --> 00:40:31,848 So if Mr. Elwin regards his prosecution for a hate murder 991 00:40:31,973 --> 00:40:34,976 as unjust or immoral, 992 00:40:35,060 --> 00:40:37,437 let him present his arguments 993 00:40:37,562 --> 00:40:39,981 without the cloak of religion. 994 00:40:40,065 --> 00:40:42,108 To that, the People say the defendant's 995 00:40:42,233 --> 00:40:45,904 virtuous conduct after Justin Lennard's murder 996 00:40:45,987 --> 00:40:49,824 should be a factor in his sentencing. 997 00:40:49,949 --> 00:40:52,035 But to dismiss this case outright 998 00:40:52,160 --> 00:40:54,329 would be a miscarriage of justice that contradicts 999 00:40:54,412 --> 00:40:57,999 more than 200 years of American jurisprudence. 1000 00:40:58,083 --> 00:41:02,962 If you kill someone, Mr. Elwin, 1001 00:41:03,046 --> 00:41:05,006 you have to answer to the State first, 1002 00:41:05,090 --> 00:41:09,844 and to Justin Lennard and his family, 1003 00:41:09,928 --> 00:41:11,721 and then, hopefully, someday, 1004 00:41:11,846 --> 00:41:14,140 to your Maker. 1005 00:41:22,649 --> 00:41:25,694 I commend the defendant for using his religion 1006 00:41:25,777 --> 00:41:27,696 and remorse for his heinous conduct 1007 00:41:27,821 --> 00:41:29,739 as a fulcrum to change his life. 1008 00:41:29,823 --> 00:41:35,203 I believe his transformation is heartfelt and sincere. 1009 00:41:35,286 --> 00:41:39,040 Nevertheless, for the reasons stated by Mr. McCoy, 1010 00:41:39,124 --> 00:41:41,126 I'm denying the defendant's motion 1011 00:41:41,209 --> 00:41:43,503 to dismiss the murder charge in the interest of justice. 1012 00:41:43,628 --> 00:41:47,173 Let's set a trial date. 1013 00:41:50,927 --> 00:41:52,971 Unless the defendant wants 1014 00:41:53,054 --> 00:41:54,014 to put his money where his mouth is. 1015 00:41:54,097 --> 00:41:56,516 No, this is going to a jury. 1016 00:41:56,641 --> 00:41:58,435 Don't you want to hear my offer? I know you, Jack. 1017 00:41:58,560 --> 00:42:01,146 I know it's not gonna be anywhere in the ballpark. 1018 00:42:01,229 --> 00:42:02,731 Then you know I'll do everything in my power 1019 00:42:02,856 --> 00:42:04,065 to keep you from jamming this defense 1020 00:42:04,149 --> 00:42:06,609 in through jury nullification. 1021 00:42:06,693 --> 00:42:07,902 Well, you can't stop me 1022 00:42:08,028 --> 00:42:09,988 from calling lots of character witnesses. 1023 00:42:10,071 --> 00:42:12,866 Back door's as good as the front. No. 1024 00:42:12,949 --> 00:42:15,035 No-- this is a sign. 1025 00:42:15,160 --> 00:42:17,662 Bruce, please. 1026 00:42:17,787 --> 00:42:19,998 I murdered him. 1027 00:42:20,081 --> 00:42:21,541 I'll plead guilty. Do that, 1028 00:42:21,624 --> 00:42:23,877 and you'll spend the rest of your life in jail, Bruce. 1029 00:42:23,960 --> 00:42:26,254 If that's what the Lord wants. 1030 00:42:26,379 --> 00:42:31,259 There's only one way for me to be at peace with Jesus now. 1031 00:42:34,262 --> 00:42:37,557 And it's to pay for what I've done. 1032 00:42:52,947 --> 00:42:54,908 I'll, uh... I'll call the judge. 1033 00:42:54,991 --> 00:42:55,867 I'll let her know. 1034 00:42:55,950 --> 00:42:58,203 Too bad. 1035 00:42:58,286 --> 00:43:01,039 Way things are going in this country, 1036 00:43:01,164 --> 00:43:02,749 I could've hung that jury. 1037 00:43:02,832 --> 00:43:05,585 Next time, Wendy. 1038 00:43:13,134 --> 00:43:15,136 I'm just curious, Jack. 1039 00:43:15,220 --> 00:43:17,972 What were you going to offer? 1040 00:43:18,098 --> 00:43:19,766 I was considering going as low as Man One, 1041 00:43:19,891 --> 00:43:21,684 praise the Lord. 1042 00:43:21,810 --> 00:43:24,771 Captioning by Holly Rose at CaptionMax www.captionmax.com 74657

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