1 00:00:00,423 --> 00:00:05,757 In the criminal justice system, all defendants are innocent until proven guilty 2 00:00:05,863 --> 00:00:10,141 either by confession, plea bargain, or trial by jury. 3 00:00:10,300 --> 00:00:12,465 This is one of those trials. 4 00:00:14,510 --> 00:00:16,675 She said she was staying with her friend Jennifer. 5 00:00:17,045 --> 00:00:19,158 Out near us at Woodhaven. 6 00:00:20,109 --> 00:00:24,704 When the police called, they said they found a body. 7 00:00:24,841 --> 00:00:28,720 I thought, "That can't be our daughter." 8 00:00:28,885 --> 00:00:32,764 We knew she was seeing Justin, but we liked him. 9 00:00:34,310 --> 00:00:36,539 I can't imagine how this could happen. 10 00:00:36,951 --> 00:00:39,427 - I thought Kristen went home. - Home? 11 00:00:39,592 --> 00:00:43,305 Somebody put two bullets in her head 100 yards from your front door, Justin. 12 00:00:43,582 --> 00:00:45,566 That's your girlfriend. You don't seem too upset. 13 00:00:45,641 --> 00:00:47,137 I'm upset! 14 00:00:47,472 --> 00:00:50,773 - I'm totally freaked out! - Let's talk about your buddy Carter. 15 00:00:50,938 --> 00:00:54,157 Carter, you knew Kristen Ames, Justin's girlfriend? 16 00:00:54,322 --> 00:00:57,788 - I mean, I saw her, yeah. - You saying you never talked to her? 17 00:00:57,870 --> 00:01:00,676 Like last night before she was killed? 18 00:01:01,129 --> 00:01:05,255 Yeah, actually, uh... You know, I saw her with her ex. 19 00:01:05,338 --> 00:01:07,814 Her ex-boyfriend, Danny Wallace. 20 00:01:08,144 --> 00:01:12,105 So, Danny, you dated Kristen. You got dumped. 21 00:01:12,188 --> 00:01:15,901 She starts banging your friend Justin. Gotta be hard to take. 22 00:01:15,984 --> 00:01:19,285 - That's not how it was. - What time did you leave last night? 23 00:01:20,770 --> 00:01:22,834 I don't remember. 24 00:01:23,172 --> 00:01:25,978 She was arguing with Danny, not me. 25 00:01:26,060 --> 00:01:30,269 - About what? - I don't know, they were outside. 26 00:01:30,362 --> 00:01:33,158 And then Justin went out, you know, to make sure she was okay. 27 00:01:33,240 --> 00:01:35,634 Next thing I heard, a gun capped two times. 28 00:01:35,716 --> 00:01:38,357 - Danny shot her? - That's what Justin said. 29 00:01:38,522 --> 00:01:41,411 - Carter told us you did it. - He's lying. 30 00:01:41,750 --> 00:01:46,124 Kristen told me Justin and Carter raped her. 31 00:01:46,206 --> 00:01:47,857 I was passed out. 32 00:01:47,857 --> 00:01:49,755 She wanted to go to the cops, 33 00:01:49,804 --> 00:01:53,039 Justin followed her, chased her into Tompkins Square Park. 34 00:01:53,171 --> 00:01:54,887 He shot her. 35 00:01:55,746 --> 00:02:00,433 - Justin shot her? - There was nothing I could do, I swear. 36 00:02:02,085 --> 00:02:04,990 - Am I under arrest? - Not yet, Justin. 37 00:02:05,584 --> 00:02:07,234 But I'd get comfortable. 38 00:02:10,139 --> 00:02:13,440 I wanna call my father. I want a lawyer. 39 00:02:13,903 --> 00:02:15,619 Justin lawyered up, 40 00:02:15,751 --> 00:02:18,392 and we have conflicting statements from the other two. 41 00:02:18,590 --> 00:02:21,759 Danny says he saw it go down. You buy that? 42 00:02:22,045 --> 00:02:24,421 Well, I might have... 43 00:02:24,421 --> 00:02:26,402 Until he took off his jacket. 44 00:02:27,326 --> 00:02:29,637 Nitrate. Gunshot residue? 45 00:02:29,769 --> 00:02:32,014 I'm gonna log it into evidence. Test for GSR. 46 00:02:32,014 --> 00:02:35,711 All right, I'll get a statement from Danny and try to get one from Carter. 47 00:02:35,777 --> 00:02:38,682 And you can charge 'em all with second degree murder. 48 00:02:38,814 --> 00:02:40,267 You know... 49 00:02:40,531 --> 00:02:42,511 I almost believed the kid. 50 00:02:43,735 --> 00:02:45,584 Everybody lies. 51 00:02:48,965 --> 00:03:00,570 Law and Order Trial by Jury Episode 1x04 - Truth or Consequences 52 00:03:01,537 --> 00:03:15,560 Transcript provided by Raceman Subtitles: Csivore, Nick Eads, Silverado. 53 00:03:17,011 --> 00:03:29,261 www.forom.com www.lawandorder-fr.com 54 00:03:30,000 --> 00:03:33,074 Subtitles downloaded from www.OpenSubtitles.org 55 00:03:35,506 --> 00:03:38,312 Her blood alcohol was four times the limit. 56 00:03:38,395 --> 00:03:42,521 We know Carter and Justin had sex with her, probably while she was passed out. 57 00:03:42,686 --> 00:03:44,254 Apparently, Danny didn't. 58 00:03:44,419 --> 00:03:47,885 It looks like when she realized she'd been raped, she threatened to go to the police. 59 00:03:48,050 --> 00:03:50,444 Danny claims he offered to take her. 60 00:03:50,591 --> 00:03:52,365 He says Justin followed them, 61 00:03:52,462 --> 00:03:55,011 pulled her intoTompkins Square Park, and killed her. 62 00:03:55,704 --> 00:03:57,533 What are you gonna show the Grand Jury? 63 00:03:58,309 --> 00:04:00,221 Well, the gun's probably in the Hudson. 64 00:04:00,609 --> 00:04:03,519 Carter's prints are on shell casings found at the scene. 65 00:04:04,072 --> 00:04:06,400 And there's nitrates on Danny's jacket, 66 00:04:06,537 --> 00:04:08,921 maybe used to muffle gun shots. 67 00:04:08,948 --> 00:04:11,553 Well, that gets you Danny and Carter, but what about this third kid? 68 00:04:11,637 --> 00:04:13,272 Well, Justin's our weakest case. 69 00:04:13,410 --> 00:04:15,433 He lawyered up, and we don't have a statement from him. 70 00:04:15,460 --> 00:04:16,818 We can't even prove rape. 71 00:04:16,901 --> 00:04:19,894 Justin was dating the victim. The sex could have been consensual. 72 00:04:20,031 --> 00:04:21,278 Doesn't sound like much. 73 00:04:21,971 --> 00:04:23,828 Turn one of the other two against Justin. 74 00:04:23,939 --> 00:04:25,989 Well, Danny's the testimony we need. 75 00:04:26,182 --> 00:04:28,759 He claims he saw the murder go down, but wasn't part of it. 76 00:04:28,842 --> 00:04:30,976 But Carter's statement points the finger at Danny. 77 00:04:32,499 --> 00:04:33,525 The poor girl. 78 00:04:34,411 --> 00:04:36,379 The thought of losing a daughter like that. 79 00:04:37,708 --> 00:04:40,258 Try to make a deal, but everybody does real time. 80 00:04:40,701 --> 00:04:41,976 Two out of three won't do. 81 00:04:46,151 --> 00:04:48,700 Danny, I'm Dean Conners. 82 00:04:48,783 --> 00:04:50,585 The court assigned me to your case. 83 00:04:50,834 --> 00:04:53,578 - I spoke to your mother. - That was my grandma. 84 00:04:54,276 --> 00:04:56,909 - My mom's not around. - Well, then your grandmother. 85 00:04:57,131 --> 00:04:58,323 She's coming to the arraignment. 86 00:04:59,015 --> 00:05:01,066 I'll try to arrange a chance for you to speak. 87 00:05:01,148 --> 00:05:03,060 She doesn't need this kind of grief. 88 00:05:03,199 --> 00:05:07,106 I was just thinking if we needed to raise money for bail. 89 00:05:07,604 --> 00:05:10,791 I'm not gonna take her money. She gets some Social Security. 90 00:05:13,699 --> 00:05:15,972 Um, so you spoke to the police. 91 00:05:17,108 --> 00:05:18,272 I told them the truth. 92 00:05:18,880 --> 00:05:22,982 Kristen said that Justin and Carter had raped her, so I was taking her to the cops. 93 00:05:23,287 --> 00:05:25,864 Justin followed us and shot her. 94 00:05:27,769 --> 00:05:29,405 When that happened, what did you do? 95 00:05:29,488 --> 00:05:31,483 I took off like a coward. 96 00:05:36,114 --> 00:05:39,911 Do you know if they collected any evidence that could implicate you in the shooting? 97 00:05:39,966 --> 00:05:41,684 I don't know, they took my jacket. 98 00:05:42,544 --> 00:05:43,763 Why did they do that? 99 00:05:44,981 --> 00:05:45,618 Look, 100 00:05:46,644 --> 00:05:48,972 I didn't kill Kristen, I swear. 101 00:05:50,217 --> 00:05:52,240 Danny, look... 102 00:05:53,127 --> 00:05:54,513 I'm not here to judge you. 103 00:05:55,815 --> 00:05:57,229 Or to judge what you've done. 104 00:05:57,782 --> 00:05:59,389 I'm here to advocate for you. 105 00:06:00,248 --> 00:06:00,941 Yeah. 106 00:06:01,494 --> 00:06:02,492 You don't believe me. 107 00:06:02,741 --> 00:06:04,570 - Danny. - No, you don't. No. 108 00:06:05,900 --> 00:06:07,175 Neither did the cops. 109 00:06:08,726 --> 00:06:09,973 Everyone thinks I'm guilty. 110 00:06:12,772 --> 00:06:13,880 I believe you. 111 00:06:14,904 --> 00:06:15,902 Okay? 112 00:06:18,700 --> 00:06:21,000 Docket number 3304. 113 00:06:21,028 --> 00:06:23,993 People v. Justin Birch. Charge is murder in the second degree. 114 00:06:24,464 --> 00:06:26,737 - How do you plead? - Not guilty. 115 00:06:26,846 --> 00:06:29,313 Your Honor, this defendant has the resources and means to flee. 116 00:06:29,340 --> 00:06:31,419 Given the charge, the people ask for remand. 117 00:06:31,473 --> 00:06:34,466 We ask for ROR to his parents pending trial. 118 00:06:34,937 --> 00:06:36,378 Counsel, approach. 119 00:06:41,144 --> 00:06:42,474 What can we live with here? 120 00:06:42,528 --> 00:06:46,657 Your Honor, I have to seriously question the legitimacy of the charges. 121 00:06:46,933 --> 00:06:48,069 They have no evidence. 122 00:06:48,124 --> 00:06:50,064 The defense'll get their discovery when it's time. 123 00:06:50,120 --> 00:06:53,612 Okay, you don't want to show your hand, fine, counselor, but you'll have to bend. 124 00:06:53,666 --> 00:06:55,633 The victim's parents are here, Your Honor, 125 00:06:55,661 --> 00:06:57,795 expecting to see him held for their daughter's murder. 126 00:06:57,823 --> 00:07:00,483 So I'll set the bail at 800,000, and you'll argue it. 127 00:07:00,510 --> 00:07:01,480 And we'll accept it. 128 00:07:01,545 --> 00:07:03,891 From what I understand, this kid's parents can just write a check. 129 00:07:03,946 --> 00:07:06,995 Look, I said I'll make you look good. Both of you, step back. 130 00:07:10,120 --> 00:07:12,310 Bail is set at 800,000. 131 00:07:12,337 --> 00:07:16,661 On bond, the defendant will be held under house arrest with an ankle bracelet. 132 00:07:16,661 --> 00:07:17,603 Next. 133 00:07:20,042 --> 00:07:24,421 I'll have my office draw up the paperwork. And Justin should be out of here by lunch. 134 00:07:32,285 --> 00:07:34,335 Docket number 33005. 135 00:07:34,391 --> 00:07:37,412 People v. Daniel Wallace. Charge is murder in the second degree. 136 00:07:37,664 --> 00:07:38,717 Do we have a plea? 137 00:07:39,105 --> 00:07:40,519 Not guilty, Your Honor. 138 00:07:40,573 --> 00:07:44,563 The people would prefer remand, but we'll agree to the previous bail recommendation. 139 00:07:44,730 --> 00:07:46,143 $800,000? 140 00:07:46,725 --> 00:07:50,023 Your Honor, the people know my client is without means. 141 00:07:50,382 --> 00:07:52,737 Will the court at least accept a surety of ten percent? 142 00:07:52,765 --> 00:07:54,456 Not on a murder charge. 143 00:07:54,981 --> 00:07:57,808 So the poor sit in jail while the rich walk free? 144 00:07:57,946 --> 00:08:00,385 So it goes, Mr. Conners. 145 00:08:02,622 --> 00:08:05,065 Docket number 33006. 146 00:08:05,142 --> 00:08:08,916 People v. Carter McSherry. Charge of murder in the second degree. 147 00:08:12,341 --> 00:08:14,017 The night we first met Danny... 148 00:08:14,481 --> 00:08:16,338 Kristen missed her curfew. 149 00:08:16,947 --> 00:08:19,525 Danny brought her home. They were both drunk. 150 00:08:20,107 --> 00:08:21,631 And George and I stepped in. 151 00:08:22,549 --> 00:08:24,017 I called his parents. 152 00:08:26,068 --> 00:08:28,563 Well, his grandmother. His parents aren't even in the picture. 153 00:08:31,443 --> 00:08:33,494 How do you expect a kid like that to be raised right? 154 00:08:34,769 --> 00:08:36,155 To have good values? 155 00:08:38,349 --> 00:08:40,233 I was worried that Kristen was seeing him. 156 00:08:42,340 --> 00:08:45,444 And now you telling me you're gonna offer this little son of a bitch a deal? 157 00:08:45,545 --> 00:08:47,014 Well, Danny will serve time. 158 00:08:47,070 --> 00:08:51,365 We're offering him 15 to 25 years for his testimony against Justin. 159 00:08:51,421 --> 00:08:53,970 All three are responsible for what happened to Kristen. 160 00:08:54,026 --> 00:08:55,162 15 years? 161 00:08:55,438 --> 00:08:57,405 Not 15 years for our daughter's life. 162 00:08:57,461 --> 00:09:00,315 Mr. Ames, you blame Danny and I understand that. 163 00:09:00,480 --> 00:09:02,254 But Justin Birch killed her. 164 00:09:02,475 --> 00:09:04,942 A plea from Danny will help us get him. 165 00:09:05,053 --> 00:09:07,214 Kristen didn't get any kind of deal. 166 00:09:16,314 --> 00:09:17,340 That went well. 167 00:09:17,520 --> 00:09:20,152 Well, what plea agreement ever made everybody happy? 168 00:09:20,236 --> 00:09:22,037 - I'm just saying that... - Kelly, 169 00:09:22,092 --> 00:09:24,254 we didn't come here for their permission. 170 00:09:24,530 --> 00:09:27,107 A little more reassurance might have helped, you know? 171 00:09:27,135 --> 00:09:30,100 Some guarantee that he'll be punished. 172 00:09:30,320 --> 00:09:32,759 It would have been a lie. 173 00:09:33,064 --> 00:09:36,223 Well, you brought us down here for a sneak peek at discovery, 174 00:09:36,388 --> 00:09:38,384 or do I smell a plea bargain? 175 00:09:40,241 --> 00:09:42,430 Your client's conviction is right here. 176 00:09:44,091 --> 00:09:45,117 What's the offer? 177 00:09:45,309 --> 00:09:49,660 For testimony against Justin, 15 to 25, concurrent on all counts. 178 00:09:49,688 --> 00:09:54,482 Tracey, the problem is, our guys aren't equally guilty here. 179 00:09:54,730 --> 00:09:56,532 He's right, my guy didn't even leave the apartment. 180 00:09:56,586 --> 00:09:59,302 Peter, I'll be honest. I know you wanna clear your case. 181 00:09:59,413 --> 00:10:01,741 But Danny's the witness. He's the one I wanna flip. 182 00:10:01,796 --> 00:10:03,182 So, you're wasting my time. 183 00:10:03,625 --> 00:10:05,399 No, you're plan B. 184 00:10:05,759 --> 00:10:07,200 Danny won't cop to rape. 185 00:10:08,030 --> 00:10:10,053 He didn't witness it, he only saw the shooting. 186 00:10:10,109 --> 00:10:12,159 Kibre, you need my guy. 187 00:10:12,989 --> 00:10:14,431 Carter gave Justin the gun. 188 00:10:14,486 --> 00:10:16,786 He can give you the rape and the conspiracy. 189 00:10:17,756 --> 00:10:18,782 Danny can't do that. 190 00:10:23,491 --> 00:10:25,376 All right, that'll get Carter a plea. 191 00:10:26,620 --> 00:10:28,034 But I still want Danny. 192 00:10:29,031 --> 00:10:29,863 I'll talk to him. 193 00:10:31,636 --> 00:10:34,103 They found gunshot residue on your jacket. 194 00:10:34,186 --> 00:10:36,431 If we go to trial, they very well could convict you. 195 00:10:36,707 --> 00:10:38,175 I wasn't wearing my jacket. 196 00:10:39,755 --> 00:10:42,637 - Justin's gonna walk? - He's in a position to do that. 197 00:10:43,384 --> 00:10:47,236 He's got all this money, fancy lawyers. I got what? 198 00:10:49,203 --> 00:10:51,364 It's unfair, I agree. 199 00:10:52,473 --> 00:10:54,884 But Justin's money won't matter if you cooperate. 200 00:10:55,409 --> 00:10:58,319 Carter's getting the same deal. Well, Carter raped her. 201 00:10:58,733 --> 00:11:02,031 - Justin shot her. All I did... - Danny, they got evidence against you. 202 00:11:02,667 --> 00:11:03,693 It's a good offer. 203 00:11:03,970 --> 00:11:06,214 So I'm supposed to say I'm guilty of something I didn't do. 204 00:11:06,270 --> 00:11:07,545 Well, that's your decision. 205 00:11:08,542 --> 00:11:11,314 But I recommend you take the deal. 206 00:11:20,463 --> 00:11:22,153 We left Justin's place. 207 00:11:22,561 --> 00:11:25,721 I put my jacket on her shoulders 'cause it was pretty cold. 208 00:11:26,746 --> 00:11:28,298 Justin followed us. 209 00:11:29,793 --> 00:11:33,202 He was pretty drunk. He kept threatening her about if she went to the cops. 210 00:11:33,839 --> 00:11:35,641 Kristen stood up to him, you know? 211 00:11:36,942 --> 00:11:37,912 She pissed him off. 212 00:11:38,189 --> 00:11:41,071 - What did Justin do? - He hit her in the face. 213 00:11:41,652 --> 00:11:45,088 He pulled a gun. I was so scared I... I couldn't move. 214 00:11:45,199 --> 00:11:46,446 Where were you all standing? 215 00:11:47,525 --> 00:11:48,883 At the entrance over there. 216 00:11:50,823 --> 00:11:52,181 How did you wind up in here? 217 00:11:53,427 --> 00:11:56,392 Well, she, uh, ran. 218 00:11:56,642 --> 00:11:58,970 And, uh, he chased her, 219 00:12:00,031 --> 00:12:01,629 and he grabbed her arm. 220 00:12:03,789 --> 00:12:06,339 I mean, it happened so fast. He was cursing at her. 221 00:12:06,366 --> 00:12:09,692 And she's crying, trying to get away. 222 00:12:09,718 --> 00:12:13,072 And then he just started shooting her. 223 00:12:13,487 --> 00:12:15,150 Did he aim the gun at you? 224 00:12:15,400 --> 00:12:16,148 No. 225 00:12:16,978 --> 00:12:17,976 Well, Danny... 226 00:12:18,585 --> 00:12:22,049 You could have shouted for help. You could have made a run for the police. 227 00:12:22,658 --> 00:12:23,655 I should have. 228 00:12:24,764 --> 00:12:29,060 I wanted to, but I froze. 229 00:12:30,084 --> 00:12:32,273 And then she was gone. 230 00:12:32,772 --> 00:12:34,407 And there was nothing that I could really do. 231 00:12:40,000 --> 00:12:40,997 Are we done now? 232 00:12:44,157 --> 00:12:45,764 Sure, Danny, we're done. 233 00:12:57,761 --> 00:13:00,366 So you bright Carter and Danny. 234 00:13:00,366 --> 00:13:03,858 I knew you'd flip one... But, uh, are we in trouble? 235 00:13:03,969 --> 00:13:06,463 Just makes it a stronger case against Justin. 236 00:13:06,491 --> 00:13:09,068 Oh, please, they can't even get their stories straight. 237 00:13:09,151 --> 00:13:12,144 Danny says that Justin did the girl. Carter says that Danny did it. 238 00:13:12,171 --> 00:13:13,307 Then why worry? 239 00:13:14,415 --> 00:13:16,355 You know, you're wasting your time in the DA's office. 240 00:13:16,411 --> 00:13:17,464 I'd triple what you make. 241 00:13:17,712 --> 00:13:20,012 You don't want me, Norman. I have scruples. 242 00:13:20,040 --> 00:13:21,425 They have pills for that. 243 00:13:23,713 --> 00:13:26,345 We got two pleas, why not three? 244 00:13:26,678 --> 00:13:29,255 What's the problem, Norman? My client is innocent. 245 00:13:29,699 --> 00:13:31,528 Well, you can tell that to a jury. 246 00:13:31,583 --> 00:13:33,634 Selection begins three weeks from tomorrow. 247 00:13:33,754 --> 00:13:35,915 Now, Tracey, what about this motion in limine? 248 00:13:35,999 --> 00:13:39,130 The sexual history of Kristen Ames is important to our defense. 249 00:13:39,156 --> 00:13:42,094 It's irrelevant, Your Honor. His client is facing murder charges. 250 00:13:42,122 --> 00:13:45,669 There's a count of aggravated rape which is an issue at the heart of the people's case. 251 00:13:45,695 --> 00:13:49,686 - It's an excuse to sling mud. - The victim was known to be promiscuous. 252 00:13:49,796 --> 00:13:54,756 She had sex with my client and with Carter McSherry that night by choice. 253 00:13:55,337 --> 00:14:00,270 The victim's questionable virtue goes directly to Danny Wallace's state of mind. 254 00:14:00,409 --> 00:14:02,182 She had sex with two men. 255 00:14:02,513 --> 00:14:05,063 Danny Wallace killed her out of jealousy. 256 00:14:05,118 --> 00:14:06,670 I read the briefs. 257 00:14:07,502 --> 00:14:08,721 You're reaching, counselor. 258 00:14:10,107 --> 00:14:11,049 Anything else? 259 00:14:12,016 --> 00:14:13,929 All right, see you at trial. 260 00:14:15,342 --> 00:14:18,945 Kristen was passed out. But she woke up while we were doing it. 261 00:14:19,333 --> 00:14:21,356 When she woke up, what was Justin doing? 262 00:14:21,964 --> 00:14:24,458 - Holding her down, I guess. - Don't guess, Carter. 263 00:14:24,902 --> 00:14:26,260 Did he hold her by the arms? 264 00:14:26,397 --> 00:14:28,087 Details are important here. 265 00:14:28,170 --> 00:14:31,358 - Okay, he held her by the arms. - Don't make things up. 266 00:14:31,441 --> 00:14:32,743 What do you want me to say? 267 00:14:32,853 --> 00:14:36,317 Justin said I could bang his girlfriend. What's the big deal? 268 00:14:36,982 --> 00:14:40,418 You wanna help your client out with the basics of a declarative sentence? 269 00:14:40,556 --> 00:14:41,747 It's your prep, Kibre. 270 00:14:41,886 --> 00:14:44,214 You wanted this deal. You help make it work. 271 00:14:44,406 --> 00:14:47,150 The defense will use your original statement from the police. 272 00:14:47,205 --> 00:14:49,838 The fact that you lied about giving Justin your gun. 273 00:14:49,894 --> 00:14:51,750 They'll say you were lying then. You could be lying now. 274 00:14:51,778 --> 00:14:53,275 Well, I ain't lying now. 275 00:14:54,520 --> 00:14:56,654 You know what? I'm done for the day. I got a headache. 276 00:14:56,765 --> 00:14:58,012 Today's it, Carter. 277 00:14:58,567 --> 00:14:59,204 Carter. 278 00:14:59,563 --> 00:15:01,226 Bitch, I said I'm done! 279 00:15:01,446 --> 00:15:06,268 You're done when I say you're done! Now sit your ass down and answer the questions! 280 00:15:16,101 --> 00:15:17,764 Kristen and Danny took off. 281 00:15:18,291 --> 00:15:20,868 You know, Justin said for me to give him my gun. 282 00:15:21,562 --> 00:15:23,973 I asked him, "Why?" You know? 283 00:15:24,305 --> 00:15:27,271 He said that he wasn't gonna let Kristen go to the cops. 284 00:15:27,326 --> 00:15:28,684 So he was just gonna shut her up. 285 00:15:29,625 --> 00:15:32,286 - Shut her up about the rape. - Yeah. 286 00:15:33,531 --> 00:15:36,053 So Justin took the gun... 287 00:15:36,524 --> 00:15:38,630 ...and followed Kristen and Danny out. 288 00:15:39,488 --> 00:15:40,347 Then what? 289 00:15:44,532 --> 00:15:46,306 What did you see or hear? 290 00:15:48,298 --> 00:15:50,377 Oh, yeah, gunshots. 291 00:15:50,488 --> 00:15:54,672 Later, Justin came back and gave me the gun. He said he capped the bitch. 292 00:15:56,806 --> 00:15:58,192 Well, his words. 293 00:15:59,687 --> 00:16:03,927 - Did you get rid of the murder weapon? - I threw it off the Williamsburg bridge. 294 00:16:05,783 --> 00:16:06,808 Nothing further. 295 00:16:08,028 --> 00:16:10,355 Fascinating, Mr. McSherry. 296 00:16:12,543 --> 00:16:15,897 Let's talk a little about why you're here. 297 00:16:16,921 --> 00:16:19,221 The deal you made with the DA. 298 00:16:19,330 --> 00:16:23,765 Life in prison without parole to... what? 299 00:16:24,236 --> 00:16:26,425 15 to 25. 300 00:16:26,591 --> 00:16:27,534 Good deal. 301 00:16:27,865 --> 00:16:32,105 Now, did you discuss with the prosecutor what you were gonna say here? 302 00:16:32,491 --> 00:16:34,764 Did you get your story straight? 303 00:16:34,819 --> 00:16:36,815 - Objection. - Sustained. 304 00:16:37,423 --> 00:16:41,220 Now, you've had some past trouble with the law, correct? 305 00:16:41,691 --> 00:16:44,767 Two assault convictions as a juvenile. 306 00:16:45,015 --> 00:16:46,512 One attempted rape. 307 00:16:47,508 --> 00:16:51,388 You served two years in a juvenile facility, correct? 308 00:16:51,554 --> 00:16:52,746 Basically, yeah. 309 00:16:53,245 --> 00:16:57,790 An experienced criminal knows the truth gets you nowhere. 310 00:16:57,816 --> 00:16:58,675 Am I right? 311 00:16:58,952 --> 00:17:03,414 You give the police one version. The DA another. Whatever they want to hear. 312 00:17:03,607 --> 00:17:07,404 - And you get a better deal. - Objection. Is there a question here? 313 00:17:07,458 --> 00:17:09,425 Sustained. Mr. Rothenberg? 314 00:17:09,619 --> 00:17:14,746 Justin Birch didn't really kill Kristen Ames. 315 00:17:14,857 --> 00:17:15,938 Did he? 316 00:17:22,919 --> 00:17:25,607 Danny stole my gun earlier that night. 317 00:17:26,077 --> 00:17:29,624 He was mad at Kristen because she had sex with me and Justin. 318 00:17:30,206 --> 00:17:33,393 I wasn't there, but Justin said Danny shot her. 319 00:17:33,641 --> 00:17:35,332 Nothing he could do about it. 320 00:17:36,468 --> 00:17:37,854 Chambers, Your Honor? 321 00:17:38,352 --> 00:17:39,239 Let's go. 322 00:17:39,266 --> 00:17:41,649 And can Mr. Voight join us as well? 323 00:17:47,831 --> 00:17:49,549 You want to explain that back flip? 324 00:17:49,660 --> 00:17:51,517 He was thoroughly prepped, Your Honor. 325 00:17:51,572 --> 00:17:53,540 Maybe Mr. Voight should answer that. 326 00:17:54,039 --> 00:17:56,450 Was there any inappropriate contact between you two? 327 00:17:56,499 --> 00:17:57,691 Absolutely not. 328 00:17:58,384 --> 00:18:01,460 Mr. Voight was debriefed as part of our discovery. 329 00:18:01,820 --> 00:18:03,677 We had dinner and discussed the case. 330 00:18:04,367 --> 00:18:07,415 - We even split the check. - Interesting. Where'd you go? 331 00:18:07,887 --> 00:18:08,912 Le Bernardin. 332 00:18:09,633 --> 00:18:11,877 Debriefed over a $300 meal? 333 00:18:12,071 --> 00:18:13,568 Sounds like a job audition. 334 00:18:13,623 --> 00:18:15,757 You're a self-righteous bitch, you know that? 335 00:18:16,338 --> 00:18:18,167 Can I quote that to the Ethics Board? 336 00:18:18,195 --> 00:18:21,105 Hey, you can both cool off in a cell unless you shut the hell up. 337 00:18:21,242 --> 00:18:24,346 Your Honor, we'd like to redirect Carter McSherry as a hostile witness. 338 00:18:24,373 --> 00:18:26,895 And examine why he changed his testimony. 339 00:18:26,949 --> 00:18:29,111 That could step on attorney-client privilege, judge. 340 00:18:29,194 --> 00:18:30,996 Yeah, expose your duplicitous counsel. 341 00:18:31,077 --> 00:18:35,539 Your Honor, these accusations are without merit. The witness caved on the stand. 342 00:18:35,759 --> 00:18:37,422 There was nothing improper. 343 00:18:38,808 --> 00:18:41,829 I'll let you redirect on the witnesses' credibility only. 344 00:18:41,884 --> 00:18:43,214 I'm keeping the reins tight. 345 00:18:44,765 --> 00:18:48,035 We'll adjourn for the week and then resume Monday at 10:00. 346 00:18:51,498 --> 00:18:53,660 Danny, our offer still stands. 347 00:18:54,685 --> 00:18:55,766 You're it, now. 348 00:18:59,430 --> 00:19:01,591 Uh, yeah, okay. I'm up for it. 349 00:19:01,785 --> 00:19:04,501 Listen, they're gonna go after you for taking this deal. 350 00:19:04,879 --> 00:19:08,676 They'll say you were angry with Kristen because she slept with Justin and Carter. 351 00:19:08,925 --> 00:19:10,533 - And that you killed her. - That's a lie. 352 00:19:10,588 --> 00:19:12,251 But they're gonna be tough on you, okay? 353 00:19:12,250 --> 00:19:16,767 So you just have to remember that you're doing the right thing. You're helping yourself. 354 00:19:17,377 --> 00:19:18,790 I'm doing it for Kristen. 355 00:19:21,893 --> 00:19:23,805 Ms. Kibre, can I ask a favor? 356 00:19:24,747 --> 00:19:25,800 Sure. 357 00:19:29,318 --> 00:19:32,921 There was something that I was hoping that I could do. 358 00:19:38,239 --> 00:19:41,343 Mr. and Mrs. Ames are here at your request. 359 00:19:41,676 --> 00:19:44,891 They're not under any obligation to say anything to you. 360 00:19:47,217 --> 00:19:50,432 - I think what Danny wanted to... - No, no, I got it. Please, I gotta do this. 361 00:19:50,709 --> 00:19:51,291 Please. 362 00:19:55,833 --> 00:19:57,690 I want you to know how sorry I am. 363 00:19:59,963 --> 00:20:00,932 Sorry? 364 00:20:03,925 --> 00:20:05,643 Do you realize what you took from us? 365 00:20:06,974 --> 00:20:07,888 Do you? 366 00:20:08,914 --> 00:20:10,909 Say what you gotta say and get it over with. 367 00:20:16,530 --> 00:20:20,215 When you wouldn't let Kristen date me, 368 00:20:20,299 --> 00:20:21,851 I got Justin to... 369 00:20:22,570 --> 00:20:25,452 pick her up and bring her out so that we could see each other. 370 00:20:25,507 --> 00:20:28,750 Because I knew that you would accept him and... 371 00:20:29,360 --> 00:20:30,939 ... think that he was good enough. 372 00:20:32,739 --> 00:20:35,400 I never thought Kristen would too. 373 00:20:38,969 --> 00:20:39,911 He didn't love her. 374 00:20:40,909 --> 00:20:41,795 I did. 375 00:20:44,604 --> 00:20:51,394 And I feel like what happened was my fault for not protecting her. 376 00:20:52,606 --> 00:20:54,061 For not stopping 'em. 377 00:20:57,526 --> 00:21:00,193 I know you hate me, but you gotta know how sorry I am. 378 00:21:03,830 --> 00:21:06,290 Everyone that hurt Kristen should be punished. 379 00:21:10,092 --> 00:21:12,656 I want you to know I'm not taking Ms. Kibre's deal. 380 00:21:13,479 --> 00:21:16,700 - Hold on a second. - I'm gonna testify against Justin. 381 00:21:16,735 --> 00:21:20,372 But if I'm getting some deal, nobody's gonna believe that I'm telling the truth. 382 00:21:20,433 --> 00:21:21,992 Danny, we.. Dan, we need to talk about this. 383 00:21:22,027 --> 00:21:22,685 No. 384 00:21:23,412 --> 00:21:26,981 All three of us, whatever we get we deserve it. 385 00:21:39,057 --> 00:21:43,284 You know, in the best of all worlds a defendant accepts some responsibilities. 386 00:21:43,388 --> 00:21:44,462 It's kind of refreshing. 387 00:21:44,773 --> 00:21:48,272 He does it because he's guilty or because he feels guilty? 388 00:21:48,826 --> 00:21:50,836 You mean, suppose he's a good kid? 389 00:21:51,040 --> 00:21:52,252 Suppose he is. 390 00:21:52,703 --> 00:21:54,885 Kind of bothers you, huh? Not knowing. 391 00:21:55,232 --> 00:21:55,959 Yeah. 392 00:21:56,886 --> 00:21:58,098 Well, let me tell you something. 393 00:21:58,133 --> 00:22:01,493 In this job, never give anybody the benefit of the doubt. 394 00:22:02,567 --> 00:22:05,477 So Danny helps us convict Justin, 395 00:22:05,512 --> 00:22:08,907 and to repay the favor we lock him away for the rest of his life? 396 00:22:09,063 --> 00:22:13,463 Any leniency you show is gonna look like an exchange for a favor. 397 00:22:13,567 --> 00:22:16,684 Now, Rothenberg will cry foul all the way to the bar. 398 00:22:16,788 --> 00:22:18,313 Wouldn't that be ironic? 399 00:22:18,763 --> 00:22:21,534 Bottom line is, you don't know what happened that night. 400 00:22:22,072 --> 00:22:24,254 There's no evidence to exonerate Danny, right? 401 00:22:24,601 --> 00:22:25,744 Just the opposite. 402 00:22:25,917 --> 00:22:29,139 Well, then, thank God for the law. Just do what it says. 403 00:22:29,658 --> 00:22:32,949 We came with the delusion that you had a worthwhile offer. 404 00:22:33,253 --> 00:22:35,851 - It's better than a conviction. - You've convicted him? 405 00:22:36,093 --> 00:22:38,380 We're certainly confident today. 406 00:22:39,090 --> 00:22:43,178 He does 15 to 25 and we'll recommend that he serve his time downstate. 407 00:22:43,455 --> 00:22:46,538 - So mom and dad can visit. - No way I'm doing 15 year... 408 00:22:47,647 --> 00:22:49,829 What happened to that girl was awful. 409 00:22:50,367 --> 00:22:54,039 For the sake of tragedy, I'll accept negligent homicide. 410 00:22:54,073 --> 00:22:57,087 - Right. A class E felony. - Probation. 411 00:22:57,391 --> 00:23:00,439 Substance abuse counseling. No time served. 412 00:23:00,508 --> 00:23:02,760 No jury's gonna find your client innocent. 413 00:23:02,795 --> 00:23:05,635 You can't prove the rape. It means you don't have a motive. 414 00:23:06,043 --> 00:23:09,230 No motive, your evidence means nothing. 415 00:23:09,576 --> 00:23:11,932 Danny Wallace is gonna testify against him. 416 00:23:11,958 --> 00:23:14,140 He took a plea. No one will believe a word he says. 417 00:23:14,199 --> 00:23:17,275 Danny's not testifying under protection of a plea agreement. 418 00:23:17,317 --> 00:23:19,700 Makes him a hell of a lot more credible than your client. 419 00:23:19,784 --> 00:23:21,834 It makes him a defendant, not a witness. 420 00:23:22,943 --> 00:23:25,382 If he doesn't take the stand, you don't have a case. 421 00:23:26,044 --> 00:23:32,452 If he does, I can ask him anything I want. 422 00:23:36,523 --> 00:23:38,991 Our offer expires with this meeting. 423 00:23:41,416 --> 00:23:44,014 Why prolong the inevitable? 424 00:23:53,410 --> 00:23:55,098 Your office told me you'd be here. 425 00:23:55,272 --> 00:23:56,917 Last place I'd have thought to look. 426 00:23:56,960 --> 00:23:59,818 About the only place I can get any work done. 427 00:23:59,862 --> 00:24:01,507 What can I do for you, Norman? 428 00:24:01,550 --> 00:24:06,184 Oh, I'm just a little curious about what you're up to. This altruistic nonsense your client is doing. 429 00:24:06,350 --> 00:24:08,688 Danny is just trying to do the right thing, that's all. 430 00:24:08,740 --> 00:24:12,161 Trying to put an innocent young man in prison for the rest of his life. 431 00:24:12,204 --> 00:24:13,763 Please, Norman. 432 00:24:13,850 --> 00:24:16,794 There's a lot of gray here for both our guys. 433 00:24:17,227 --> 00:24:21,428 I'm sure a seasoned lawyer like yourself can smell a win. 434 00:24:22,224 --> 00:24:27,074 The DA's case rests entirely on what Danny says. 435 00:24:27,464 --> 00:24:30,538 If he incriminates himself, he takes my client down with him. 436 00:24:31,293 --> 00:24:32,678 On the other hand, 437 00:24:33,847 --> 00:24:40,170 if he decides not to testify, Justin's memory could significantly improve. 438 00:24:41,694 --> 00:24:44,508 Would I get Justin as a witness for Danny's defense? 439 00:24:44,508 --> 00:24:48,449 All we need to do here is raise reasonable doubt. 440 00:24:49,887 --> 00:24:52,571 It's an interesting way to practice law. 441 00:24:55,524 --> 00:24:59,248 Oh, you know, one thing you're forgetting, Norman. 442 00:25:00,677 --> 00:25:02,410 What if Danny's on the level? 443 00:25:04,441 --> 00:25:06,606 How long have you been doing this? 444 00:25:10,243 --> 00:25:15,180 Your motion is surprising but valid, Mr. Conners. 445 00:25:15,315 --> 00:25:17,827 Joining these trials certainly makes economic sense. 446 00:25:17,783 --> 00:25:21,248 Your Honor, binding these defendants creates complexity. 447 00:25:21,377 --> 00:25:24,712 It had the potential of drawing a single trial out even longer. 448 00:25:24,842 --> 00:25:28,089 Mr. Conners may not be aware of it, your Honor, 449 00:25:28,228 --> 00:25:32,038 but our defense could put his client in a negative light. 450 00:25:32,168 --> 00:25:35,979 - You mean, you intend to blame him. - It's a bit more nuanced than that. 451 00:25:36,256 --> 00:25:38,464 - There's no joint defense? - No. 452 00:25:38,508 --> 00:25:40,846 Your Honor, my client was not a party to this crime. 453 00:25:41,192 --> 00:25:44,007 In fact, he intends to testify against Justin Birch. 454 00:25:44,189 --> 00:25:46,787 And because of that, the District Attorney would seek to delay... 455 00:25:46,830 --> 00:25:48,952 ... my client's trial until after his testimony. 456 00:25:49,039 --> 00:25:51,334 Now I would not be providing effective counsel 457 00:25:51,420 --> 00:25:54,495 if I were to let my client sit in jail for something that he didn't do. 458 00:25:54,807 --> 00:25:57,406 A speedy trial is the very least that he should get. 459 00:25:57,492 --> 00:26:00,740 Then he should move for a speedy trial, and not a joinder. 460 00:26:02,697 --> 00:26:05,382 Now both defendants are accused of the same crime. 461 00:26:05,659 --> 00:26:09,513 I don't think antagonistic defenses is sufficient reason to maintain severance, 462 00:26:09,643 --> 00:26:11,072 especially given the cost. 463 00:26:11,115 --> 00:26:14,579 - Your Honor... - Ms. Kibre, I'm granting the motion. 464 00:26:20,744 --> 00:26:22,346 What the hell is this about? 465 00:26:22,390 --> 00:26:25,334 You think playing rich against poor is gonna get Danny a walk? 466 00:26:25,507 --> 00:26:27,672 I don't expect you to defend my client. 467 00:26:27,889 --> 00:26:30,141 My job, I'll do it how I see fit. 468 00:26:30,184 --> 00:26:32,392 What guarantee do I have that he'll testify? 469 00:26:32,436 --> 00:26:33,951 He says he wants to make this right. 470 00:26:34,057 --> 00:26:35,919 Well, that's not good enough. 471 00:26:36,006 --> 00:26:38,604 Well, it's good enough for me. 472 00:26:42,736 --> 00:26:46,330 Even if Danny's story isn't rock solid, 473 00:26:46,373 --> 00:26:47,802 It could have happened the way he said. 474 00:26:47,821 --> 00:26:49,817 We went with his story 'cause he could get us Justin. 475 00:26:49,885 --> 00:26:52,185 Yeah, that's what we want. I still don't see the problem. 476 00:26:52,268 --> 00:26:55,815 We believed Danny and we gave him 15 to 25. 477 00:26:55,869 --> 00:26:58,751 Now, with no deal, just the mercy of the court, 478 00:26:58,835 --> 00:27:01,301 he gets a jury to believe him, he walks. 479 00:27:02,020 --> 00:27:03,905 Okay, maybe they give him a walk. 480 00:27:04,099 --> 00:27:05,678 That's fine if he's telling the truth. 481 00:27:06,870 --> 00:27:09,060 The worst thing is when you sucker yourself. 482 00:27:12,017 --> 00:27:15,620 Okay, I'm Danny. I'm standing here rubbernecking Kristen's murder. 483 00:27:15,731 --> 00:27:18,336 She's getting killed, you're here frozen in fear. 484 00:27:18,756 --> 00:27:22,913 There are at least three different places that were probably open at 3:00 a.m. 485 00:27:23,106 --> 00:27:26,432 The bar, that restaurant, and that bodega. 486 00:27:26,459 --> 00:27:27,291 What's your point? 487 00:27:28,204 --> 00:27:30,698 Well, why did Danny say he was standing here? 488 00:27:31,252 --> 00:27:32,250 Right here. 489 00:27:33,275 --> 00:27:34,938 I'm not following you. 490 00:27:35,713 --> 00:27:38,678 Well, If he was lying, why didn't he say he was two blocks from here? 491 00:27:38,788 --> 00:27:41,226 Or that he ran when Justin grabbed Kristen, 492 00:27:41,365 --> 00:27:43,859 - then heard the shots? - Then he's telling the truth. 493 00:27:44,386 --> 00:27:46,270 What if somebody saw him here? 494 00:27:47,643 --> 00:27:50,110 Cops canvassed the area. There's no witnesses. 495 00:27:50,248 --> 00:27:53,380 Danny told the cops, "I was scared. I was frozen." 496 00:27:53,796 --> 00:27:56,290 He's thinking there's a witness that's gonna come forward... 497 00:27:56,298 --> 00:27:58,349 ... and say they saw him in the park that night. 498 00:27:58,959 --> 00:28:02,589 So he makes a statement, but the witness never turns up. 499 00:28:02,810 --> 00:28:04,389 Now Danny's stuck with his story. 500 00:28:04,445 --> 00:28:06,163 But if there was a witness, 501 00:28:06,329 --> 00:28:08,602 wouldn't he have seen Justin and Kristen? 502 00:28:10,125 --> 00:28:12,480 Not necessarily. It was dark. 503 00:28:13,838 --> 00:28:14,781 Turn around. 504 00:28:16,774 --> 00:28:21,264 He would have had a perfect view up and down Avenue B and East 7th. 505 00:28:22,676 --> 00:28:24,394 Anybody would have seen him coming. 506 00:28:26,528 --> 00:28:29,272 You're saying he was playing lookout for Justin. 507 00:28:29,852 --> 00:28:30,822 I don't know. 508 00:28:32,236 --> 00:28:34,314 The kid's either really honest or... 509 00:28:35,887 --> 00:28:37,411 ... really smart. 510 00:28:40,404 --> 00:28:43,591 So you're not buying Danny's sacrificial blamas anymore 511 00:28:43,986 --> 00:28:45,103 Well, I'm not sure. 512 00:28:45,809 --> 00:28:48,479 It's possible Danny was playing lookout for Justin. 513 00:28:48,501 --> 00:28:50,431 If he thinks somebody saw him that night, 514 00:28:50,484 --> 00:28:52,730 that may be why he told the police he witnessed the crime. 515 00:28:52,757 --> 00:28:54,316 You think you could find that witness? 516 00:28:54,395 --> 00:28:56,959 Cops are recanvassing the area around Tompkins Square Park. 517 00:28:58,144 --> 00:29:02,003 You're telling me your case is entirely in the hands of a kid... 518 00:29:02,263 --> 00:29:03,770 ...who you should be trying to convict. 519 00:29:04,875 --> 00:29:08,840 Look, Dean Conners is not stupid. He knows how a jury loves an underdog. 520 00:29:09,025 --> 00:29:10,532 Danny will testify. 521 00:29:10,652 --> 00:29:13,725 He'll have to answer the accusations made by Justin's defense. 522 00:29:13,758 --> 00:29:15,245 I'll take my shot on cross. 523 00:29:15,278 --> 00:29:20,069 Except when you impeach Danny's credibility, you make everything else he says worthless. 524 00:29:20,242 --> 00:29:21,663 And Justin walks. 525 00:29:22,291 --> 00:29:23,381 There you go, ladies. 526 00:29:23,877 --> 00:29:25,066 You've been outmaneuvered. 527 00:29:25,595 --> 00:29:26,223 Yeah? 528 00:29:28,767 --> 00:29:30,518 Okay, she'll be right down. 529 00:29:31,685 --> 00:29:33,072 Kristen's parents are here. 530 00:29:35,748 --> 00:29:37,533 We've prayed about this. 531 00:29:37,830 --> 00:29:39,713 And Karen and I feel... 532 00:29:41,002 --> 00:29:43,546 Well, we may have misjudged Danny. 533 00:29:44,614 --> 00:29:46,167 We favored Justin... 534 00:29:47,225 --> 00:29:48,645 ... for the wrong reasons. 535 00:29:49,108 --> 00:29:51,520 And we pushed Kristen toward him, and... 536 00:29:52,808 --> 00:29:54,295 She died because of it. 537 00:29:55,065 --> 00:29:57,048 Danny cared for her. 538 00:29:57,973 --> 00:30:00,087 We feel some blame for her death. 539 00:30:00,418 --> 00:30:01,706 Mr. and Mrs. Ames, 540 00:30:01,772 --> 00:30:04,680 I sympathize with what you're going through, I really do. 541 00:30:04,723 --> 00:30:08,358 We wanna ask if the murder charges against Danny can be dropped. 542 00:30:08,457 --> 00:30:11,563 We don't want him going to prison for the rest of his life. 543 00:30:12,686 --> 00:30:16,089 See, we've forgiven him in our hearts. 544 00:30:18,633 --> 00:30:21,441 We have evidence that suggests his involvement. 545 00:30:21,639 --> 00:30:24,018 The law says we hold him accountable. 546 00:30:24,217 --> 00:30:27,091 - He was just a witness. - We don't know what he was. 547 00:30:27,124 --> 00:30:28,280 He didn't kill her. 548 00:30:28,974 --> 00:30:30,164 You know that. 549 00:30:34,051 --> 00:30:36,133 I'm sorry, I have to prosecute the crime. 550 00:30:42,915 --> 00:30:46,153 And here we see Kristin Ames leaving the building with Danny Wallace. 551 00:30:46,780 --> 00:30:50,216 Right after that we see Justin Birch following them out the door. 552 00:30:51,948 --> 00:30:53,666 And what's the time on the footage? 553 00:30:53,897 --> 00:30:56,011 They left the building at 3:27 a.m. 554 00:30:56,111 --> 00:30:59,976 It correlates to the estimated time of death, which was put between 3:00 and 4:00 a.m. 555 00:31:00,098 --> 00:31:07,102 So you inferred that the murder happened shortly after all three left the building. 556 00:31:07,300 --> 00:31:08,159 Correct. 557 00:31:11,209 --> 00:31:12,630 Thank you, Detective Saunders. 558 00:31:14,117 --> 00:31:16,628 I was, uh, coming out of the establishment. 559 00:31:17,674 --> 00:31:22,498 And there, by the... by the fence, where the lady is standing with the dog, 560 00:31:22,531 --> 00:31:26,463 I see this guy standing around. And he sees me, right? 561 00:31:26,870 --> 00:31:30,008 And I figure, who stands on a corner... at 3:00 a.m. 562 00:31:30,074 --> 00:31:32,321 - unless he's holdin'? - Did you approach him? 563 00:31:32,343 --> 00:31:35,218 I got close enough to see he wasn't a drug dealer, you know? 564 00:31:35,350 --> 00:31:37,432 So I turned around and I walked away. 565 00:31:37,696 --> 00:31:40,901 Half a minute later I heard two gunshots. 566 00:31:42,200 --> 00:31:46,197 - This was the guy you saw, right? - No. No, that's not him. 567 00:31:46,528 --> 00:31:47,552 All right. 568 00:31:49,369 --> 00:31:50,790 What about this guy? 569 00:31:51,869 --> 00:31:54,678 Yeah, yeah. Yeah, that... that's him. 570 00:31:55,107 --> 00:31:56,297 That's him for sure. 571 00:31:57,773 --> 00:31:59,722 Did you see anyone else with him? 572 00:31:59,986 --> 00:32:03,489 - Another man and a woman? - No, just... just... just him. 573 00:32:03,588 --> 00:32:05,570 Why didn't you come forward before now? 574 00:32:05,944 --> 00:32:08,455 You think I'm looking for a headache? 575 00:32:10,702 --> 00:32:16,715 Do you think I could get a ride across town? I got an appointment for my meds. 576 00:32:20,591 --> 00:32:23,862 We're not actually thinking of using this guy, are we? 577 00:32:23,895 --> 00:32:24,655 Are you kidding? 578 00:32:24,875 --> 00:32:29,071 Excuse me, I turned Alphabet City upside down looking for this guy. 579 00:32:29,093 --> 00:32:31,109 His story proves Danny was the lookout. 580 00:32:31,175 --> 00:32:32,695 And thank you for that, Detective. 581 00:32:32,695 --> 00:32:36,164 But I'm not about to stake my case on the credibility of a perpie witness. 582 00:32:36,847 --> 00:32:38,036 So you're gonna cut him loose. 583 00:32:38,069 --> 00:32:40,812 I didn't say that. Do an addendum to the witness list. 584 00:32:40,812 --> 00:32:42,662 I'll take it up with the judge in the morning. 585 00:32:42,695 --> 00:32:44,512 But if we're not gonna call him, what's the point? 586 00:32:44,897 --> 00:32:46,648 He's got scare value. 587 00:32:49,071 --> 00:32:52,078 Your Honor, this witness only came to our attention last night. 588 00:32:52,177 --> 00:32:53,829 We've moved on, Ms. Kibre. 589 00:32:53,928 --> 00:32:56,274 He's an important percipient witness. 590 00:32:56,373 --> 00:33:00,734 He was near the crime scene and can offer first-hand observations of the murder. 591 00:33:00,778 --> 00:33:02,925 The prosecution's playing games here, Your Honor. 592 00:33:02,991 --> 00:33:05,535 I have to agree, Your Honor. They've already rested their case. 593 00:33:05,601 --> 00:33:09,236 Then we ask to revisit the issue until after the defense has concluded. 594 00:33:09,302 --> 00:33:11,780 Even on rebuttal, it's unfair surprise. 595 00:33:11,813 --> 00:33:12,573 All right. 596 00:33:12,616 --> 00:33:15,392 We'll take the matter up again at the appropriate time. 597 00:33:15,392 --> 00:33:16,812 See if a rebuttal's in order. 598 00:33:16,845 --> 00:33:18,828 - Your Honor... - Bring in the jury. 599 00:33:19,257 --> 00:33:20,876 Let's get this show going. 600 00:33:23,488 --> 00:33:26,353 This witness they're talking about, you know this guy? 601 00:33:26,353 --> 00:33:28,083 No, of course not. 602 00:33:28,569 --> 00:33:30,407 Well, this is a hell of a surprise. 603 00:33:31,177 --> 00:33:34,231 Look, I didn't see anybody else that night, if that's what you wanna know. 604 00:33:36,582 --> 00:33:39,717 - I told you, I'm innocent. - Being innocent isn't enough, Danny. 605 00:33:40,471 --> 00:33:43,363 Innocent people go to prison all the time. You understand what I'm saying? 606 00:33:45,093 --> 00:33:46,931 I don't know what this guy's gonna say. 607 00:33:47,789 --> 00:33:49,356 What he thinks he saw. 608 00:33:50,627 --> 00:33:52,248 I need you to be straight with me here. 609 00:33:52,275 --> 00:33:53,275 I am, I swear. 610 00:33:53,762 --> 00:33:54,789 Mr. Conners? 611 00:33:55,735 --> 00:33:56,411 Are we ready? 612 00:34:00,729 --> 00:34:03,513 Your Honor, the defense calls Daniel Wallace. 613 00:34:07,456 --> 00:34:09,375 I watched him shoot her twice. 614 00:34:10,267 --> 00:34:11,862 I couldn't breathe. I couldn't move. 615 00:34:13,371 --> 00:34:16,236 When I finally snapped out of it, I got nauseous. 616 00:34:16,479 --> 00:34:18,885 - I was sick about it. - What didn't you help her, Danny? 617 00:34:19,101 --> 00:34:20,317 I wanted to. 618 00:34:21,341 --> 00:34:23,666 I was scared. I thought Justin was gonna kill me too. 619 00:34:24,233 --> 00:34:26,639 Danny, why are you testifying here today? 620 00:34:28,363 --> 00:34:31,795 Because I feel like I owe it to Kristen and her family. 621 00:34:33,471 --> 00:34:34,768 No more questions. 622 00:34:46,813 --> 00:34:51,353 Justin dragged Kristin Ames into the park and murdered her... 623 00:34:51,651 --> 00:34:54,597 while you stood frozen in fear, correct? 624 00:34:54,998 --> 00:34:57,593 - That's right. - So you were an eyewitness to the crime. 625 00:34:58,025 --> 00:35:00,350 Why did he kill Kristen and let you live? 626 00:35:01,320 --> 00:35:03,185 I don't know. You'd have to ask him. 627 00:35:04,641 --> 00:35:05,939 Why didn't you run for help? 628 00:35:06,074 --> 00:35:07,479 Why didn't you go to the police? 629 00:35:07,587 --> 00:35:08,533 I wish I had. 630 00:35:08,614 --> 00:35:10,695 But I guess I was in shock. 631 00:35:10,749 --> 00:35:12,776 I couldn't believe what was happening and then... 632 00:35:13,341 --> 00:35:17,801 Afterward I kind of lost my head seeing Kristen... laying there. 633 00:35:19,391 --> 00:35:23,878 But you had the presence of mind to retrieve your jacket from right next to the body. 634 00:35:27,249 --> 00:35:28,655 I barely remember doing that. 635 00:35:32,114 --> 00:35:33,439 I'm wondering, Danny... 636 00:35:34,869 --> 00:35:37,221 while you were witnessing Kristen's murder, 637 00:35:37,978 --> 00:35:40,167 was there anybody in the area? 638 00:35:40,842 --> 00:35:42,788 Anybody who could have seen you? 639 00:35:43,082 --> 00:35:44,947 There might have, uh, been someone. 640 00:35:45,782 --> 00:35:49,268 Now that I think about it, but he was across the street. 641 00:35:49,322 --> 00:35:51,349 And then he headed in the other direction, so... 642 00:35:52,752 --> 00:35:54,752 You've never mentioned this person before. 643 00:35:58,451 --> 00:35:59,289 I'm sorry. 644 00:36:00,694 --> 00:36:01,316 I forgot. 645 00:36:02,556 --> 00:36:05,421 So it was just that one person. Nobody else? 646 00:36:05,745 --> 00:36:06,151 No. 647 00:36:08,421 --> 00:36:09,583 How would you know that? 648 00:36:10,475 --> 00:36:11,664 How could you know that? 649 00:36:12,634 --> 00:36:16,661 You testified that you were facing the opposite direction, 650 00:36:16,740 --> 00:36:21,091 frozen in fear, watching Justin kill Kristen. 651 00:36:21,925 --> 00:36:24,466 You know, Danny, I'd love to talk about the whole truth... 652 00:36:24,493 --> 00:36:26,628 ... and not just the parts that make you look good. 653 00:36:26,695 --> 00:36:28,533 Objection! Argumentative. 654 00:36:28,587 --> 00:36:29,803 Sustained. 655 00:36:29,973 --> 00:36:32,433 Why'd you let Justin kill Kristen Ames? 656 00:36:33,541 --> 00:36:34,352 I didn't. 657 00:36:34,406 --> 00:36:38,460 How'd you feel when Kristen told you that Justin and Carter had raped her? 658 00:36:38,944 --> 00:36:40,025 I was angry. 659 00:36:40,052 --> 00:36:41,917 That's why me and Kristen were getting out of there. 660 00:36:41,944 --> 00:36:45,241 Oh, you didn't blame her just a little bit? Maybe feel a little betrayed? 661 00:36:45,264 --> 00:36:46,778 I didn't do anything to her. 662 00:36:46,832 --> 00:36:50,507 She hurt you all over again that night, and you didn't believe her, did you? 663 00:36:50,559 --> 00:36:52,829 I loved Kristen. 664 00:36:53,396 --> 00:36:57,153 - Justin killed her right in front of me. - Oh, Danny, I know he did. 665 00:36:57,610 --> 00:36:59,691 Doesn't mean you didn't want it to happen. 666 00:37:25,516 --> 00:37:26,300 Any news? 667 00:37:26,351 --> 00:37:27,783 Jury just broke for dinner. 668 00:37:28,161 --> 00:37:29,837 I doubt they're coming back tonight. 669 00:37:31,267 --> 00:37:32,753 I know what you're thinking, Tracey. 670 00:37:32,861 --> 00:37:33,699 Don't go there. 671 00:37:34,510 --> 00:37:37,186 I went after Danny. It didn't help our case. 672 00:37:37,318 --> 00:37:38,534 The jury'll figure it out. 673 00:37:38,777 --> 00:37:42,940 The only thing the jury saw was a prosecutor beating up on a kid they liked. 674 00:37:46,017 --> 00:37:48,098 He got that look in his eye. 675 00:37:48,179 --> 00:37:50,422 He was lying his heart out. 676 00:37:52,368 --> 00:37:53,260 You saw that. 677 00:37:55,994 --> 00:37:58,048 Yeah, I saw that. 678 00:38:17,539 --> 00:38:18,836 Jury's coming back. 679 00:38:20,998 --> 00:38:21,728 You okay? 680 00:38:24,269 --> 00:38:27,431 The DA made a lot of accusations without evidence. 681 00:38:28,533 --> 00:38:29,371 You did good. 682 00:38:30,884 --> 00:38:32,290 The jury'll do the right thing. 683 00:38:36,306 --> 00:38:37,279 That, um, 684 00:38:39,901 --> 00:38:41,604 last minute witness. 685 00:38:45,203 --> 00:38:46,825 Kibre was bluffing, right? 686 00:38:53,722 --> 00:38:54,776 Don't tell me... 687 00:38:55,803 --> 00:38:57,803 ... that you've been lying to me all this time. 688 00:39:07,704 --> 00:39:08,515 Before... 689 00:39:10,565 --> 00:39:13,160 you said whatever I do, you weren't here to judge me. 690 00:39:14,944 --> 00:39:15,890 That's right, Danny. 691 00:39:17,562 --> 00:39:18,454 I did say that. 692 00:39:22,427 --> 00:39:23,346 That night... 693 00:39:27,506 --> 00:39:28,992 I told her I still loved her. 694 00:39:35,144 --> 00:39:36,550 And she said I wasn't... 695 00:39:37,577 --> 00:39:39,955 ... the type of person that she wanted to be with. 696 00:39:41,956 --> 00:39:42,929 You know what that meant? 697 00:39:44,037 --> 00:39:44,983 That meant Justin. 698 00:39:47,601 --> 00:39:49,277 I would have done anything for her. 699 00:39:50,737 --> 00:39:51,683 And she... 700 00:39:54,355 --> 00:39:57,139 ... screws these guys right under my nose. 701 00:39:58,990 --> 00:40:00,369 They raped her, Danny. 702 00:40:00,801 --> 00:40:02,909 That is what she said! 703 00:40:03,990 --> 00:40:05,098 What did you do? 704 00:40:12,370 --> 00:40:13,856 I was so mad. 705 00:40:17,262 --> 00:40:18,775 I'm yelling at her. 706 00:40:21,366 --> 00:40:25,339 Justin's yelling at her. And he starts threatening her with his gun. 707 00:40:29,258 --> 00:40:30,420 And I told him... 708 00:40:31,117 --> 00:40:33,442 ...to do it. I didn't care anymore. 709 00:40:38,708 --> 00:40:40,600 I think I loved her too much. 710 00:41:00,196 --> 00:41:02,034 Has the jury reached a verdict? 711 00:41:02,061 --> 00:41:03,196 We have, Your Honor. 712 00:41:03,369 --> 00:41:06,666 For Justin Birch, on the charge of the indictment, how do you find? 713 00:41:06,774 --> 00:41:09,045 We find the defendant guilty. 714 00:41:11,420 --> 00:41:15,150 For Daniel Wallace, on the charge of the indictment, how do you find? 715 00:41:15,285 --> 00:41:17,474 We find the defendant not guilty. 716 00:41:24,041 --> 00:41:25,879 Thank you, jury. You are dismissed. 717 00:41:27,473 --> 00:41:29,122 Congratulations. 718 00:41:59,586 --> 00:42:01,262 You're not celebrating. 719 00:42:02,018 --> 00:42:03,343 What brings you down here? 720 00:42:05,561 --> 00:42:08,291 Rothenberg filed a notice of appeal for Justin. 721 00:42:08,561 --> 00:42:10,967 Probably won't go anywhere, but if it does... 722 00:42:11,075 --> 00:42:13,129 Danny's not my client anymore, Kibre. 723 00:42:16,146 --> 00:42:17,011 He walked. 724 00:42:17,416 --> 00:42:19,497 - You had a good plan. - Danny's plan. 725 00:42:20,903 --> 00:42:21,876 Smart kid. 726 00:42:24,841 --> 00:42:25,814 You believed him. 727 00:42:26,760 --> 00:42:28,300 Wasn't there a minute you did too? 728 00:42:31,435 --> 00:42:32,625 I wanted to. 729 00:42:33,000 --> 00:42:36,130 Best watched using Open Subtitles MKV Player