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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
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