1 00:00:00,427 --> 00:00:03,584 You two are in the streets protesting all day every day. 2 00:00:03,608 --> 00:00:05,420 I'm concerned about you and your son. 3 00:00:05,444 --> 00:00:07,221 - What happened? - This cop roughed me up, 4 00:00:07,245 --> 00:00:08,890 and then they cuffed me and they brought me here. 5 00:00:08,914 --> 00:00:10,324 I found a case. 6 00:00:10,348 --> 00:00:11,559 Andy Josiah. 7 00:00:11,583 --> 00:00:13,661 He shot him in the back. In front of his son. 8 00:00:13,685 --> 00:00:15,563 What you think about representin' me? 9 00:00:15,587 --> 00:00:17,231 Take these muthas to task. 10 00:00:17,255 --> 00:00:21,102 Family's been advised to discontinue medical assistance. 11 00:00:21,126 --> 00:00:22,937 He fought like hell. 12 00:00:22,961 --> 00:00:24,305 That's what we need to do. 13 00:00:24,329 --> 00:00:27,642 My husband, Andy, was shot in front of our son. 14 00:00:27,666 --> 00:00:29,577 I am asking Attorney General Burke 15 00:00:29,601 --> 00:00:31,245 to do the right thing. 16 00:00:31,269 --> 00:00:32,380 I got a solution. 17 00:00:32,404 --> 00:00:34,782 You appoint a special prosecutor. 18 00:00:34,806 --> 00:00:35,981 Aaron Wallace. 19 00:00:36,005 --> 00:00:37,018 You're out of your mind. 20 00:00:37,042 --> 00:00:38,386 You give him free rein, 21 00:00:38,410 --> 00:00:40,354 and it goes up in flames, it falls on him. 22 00:00:40,378 --> 00:00:42,523 And if against all odds, he succeeds, 23 00:00:42,547 --> 00:00:45,760 a nice halo effect for you and your legacy. 24 00:00:45,784 --> 00:00:51,222 Synced and corrected by -robtor- www.addic7ed.com 25 00:00:51,656 --> 00:00:54,001 Today is a new day. 26 00:00:54,025 --> 00:00:56,104 A day when the shooting and killing 27 00:00:56,128 --> 00:00:57,405 of unarmed people of color 28 00:00:57,429 --> 00:00:59,540 will no longer be swept under the rug. 29 00:00:59,564 --> 00:01:01,476 Andy Josiah's family deserves 30 00:01:01,500 --> 00:01:04,745 a full, transparent investigation into his death, 31 00:01:04,769 --> 00:01:08,149 which is why I have appointed Aaron Wallace 32 00:01:08,173 --> 00:01:10,651 as special prosecutor in this case. 33 00:01:10,675 --> 00:01:14,088 While I recognize it is an unprecedented decision, 34 00:01:14,112 --> 00:01:16,924 I believe these are unprecedented times 35 00:01:16,948 --> 00:01:20,495 and Mr. Wallace is the right man to take this on. 36 00:01:20,519 --> 00:01:22,295 My man. 37 00:01:23,421 --> 00:01:25,199 You asked for this. 38 00:01:28,727 --> 00:01:30,326 Thank you, Attorney General Burke. 39 00:01:31,179 --> 00:01:32,840 This is crazy. 40 00:01:32,864 --> 00:01:35,576 Yeah, Facebook and Insta are blowing up, too. 41 00:01:35,600 --> 00:01:37,478 I know the eyes of the city are on us. 42 00:01:37,502 --> 00:01:38,946 I know people are hurting. 43 00:01:38,970 --> 00:01:41,983 All I ask for is your patience and your trust. 44 00:01:42,007 --> 00:01:46,476 In return, I promise you this... 45 00:01:47,278 --> 00:01:50,925 We will do whatever it takes 46 00:01:50,949 --> 00:01:53,706 in order to do what's right, for this case 47 00:01:53,730 --> 00:01:55,329 and this family. 48 00:01:59,958 --> 00:02:01,435 Okay, the site just 49 00:02:01,459 --> 00:02:03,526 tripled its previous traffic peak. 50 00:02:04,763 --> 00:02:07,375 Careful what you promise, Jazz. 51 00:02:07,399 --> 00:02:09,610 Whatever you say, you're speaking for him now, and... 52 00:02:09,634 --> 00:02:13,102 he just put himself in the hot seat. 53 00:02:13,471 --> 00:02:15,838 You really think you can do this? 54 00:02:17,242 --> 00:02:19,120 I don't know. 55 00:02:19,144 --> 00:02:21,622 But I'm gonna die trying. 56 00:02:21,646 --> 00:02:23,824 Please don't go that far, Aaron. 57 00:02:23,848 --> 00:02:26,127 It's what Andy deserves. 58 00:02:26,151 --> 00:02:27,517 Nothing less. 59 00:02:28,027 --> 00:02:30,064 You know I don't want to get my hopes up. 60 00:02:30,088 --> 00:02:31,432 I'm not saying you should. 61 00:02:31,456 --> 00:02:33,834 'Cause they're gonna come at us with everything they got. 62 00:02:33,858 --> 00:02:38,595 What I am saying, there's nothing I won't do. 63 00:02:41,299 --> 00:02:42,810 - Hey. - Hey. 64 00:02:42,834 --> 00:02:44,445 How are you? Come in. 65 00:02:44,469 --> 00:02:45,713 Thanks. 66 00:02:45,737 --> 00:02:47,315 Hope I'm not interrupting anything. 67 00:02:47,339 --> 00:02:49,016 No. The kids are at Anya's this week, 68 00:02:49,040 --> 00:02:50,518 so it's just me and my quarantine. 69 00:02:50,542 --> 00:02:51,619 Can I get you anything? 70 00:02:51,643 --> 00:02:52,954 No. No, no, I'm good. 71 00:02:52,978 --> 00:02:54,355 I saw the press conference. 72 00:02:54,379 --> 00:02:56,023 You did well. 73 00:02:56,047 --> 00:02:57,058 Thanks. 74 00:02:57,082 --> 00:02:58,659 That's why I'm here. 75 00:02:59,918 --> 00:03:01,562 I want you to join me and Henry. 76 00:03:02,478 --> 00:03:03,731 But I'm not a prosecutor. 77 00:03:03,755 --> 00:03:04,932 It's okay. He was. 78 00:03:04,956 --> 00:03:06,834 Yeah, for three years when he was in his 20s. 79 00:03:06,858 --> 00:03:09,036 And he still knows all the tricks inside and out, 80 00:03:09,060 --> 00:03:11,105 and so do you... Just from the other side. 81 00:03:12,301 --> 00:03:13,455 You brought me that case 82 00:03:13,518 --> 00:03:15,376 because something was burning inside of you. 83 00:03:15,950 --> 00:03:18,446 But you could have anybody you want for this. 84 00:03:21,029 --> 00:03:23,617 I need people I can trust. 85 00:03:23,992 --> 00:03:25,174 And that's you and Henry. 86 00:03:27,253 --> 00:03:29,781 So I got the file from the Staten Island D.A. 87 00:03:29,805 --> 00:03:31,034 Charlotte's got copies for you. 88 00:03:31,058 --> 00:03:33,292 It's pretty thin. Big surprise here... 89 00:03:33,317 --> 00:03:35,228 Can't say they did much due diligence. 90 00:03:35,252 --> 00:03:37,097 Anyway, here's the gist. 91 00:03:37,121 --> 00:03:38,498 According to the police report, 92 00:03:38,522 --> 00:03:40,934 they pulled Andy over because he was driving with his cell. 93 00:03:40,958 --> 00:03:42,902 Wait a minute. He told me it was for an illegal U-turn. 94 00:03:42,926 --> 00:03:44,638 Then they changed their story after the fact. 95 00:03:44,662 --> 00:03:46,306 Well, without Andy, it's hearsay. 96 00:03:46,330 --> 00:03:48,775 The report was filled out by Phillip Matranga, 97 00:03:48,799 --> 00:03:51,162 junior cop, six years on the job. 98 00:03:51,195 --> 00:03:53,670 Officer Edgar Lindsley, the shooter, 99 00:03:53,694 --> 00:03:55,940 never signed the report or filled out his own. 100 00:03:56,027 --> 00:03:57,137 They're dragging their feet 101 00:03:57,161 --> 00:03:58,305 to give him time to adjust his story. 102 00:03:58,329 --> 00:04:00,674 Matranga's report, which was sparse, 103 00:04:00,698 --> 00:04:05,412 says that Andy was belligerent and uncooperative. 104 00:04:05,436 --> 00:04:06,713 They got him out of the car. 105 00:04:06,737 --> 00:04:08,715 They said he was arguing and resisting. 106 00:04:08,739 --> 00:04:09,783 It doesn't even say anything about 107 00:04:09,807 --> 00:04:11,118 the part where they shot him. 108 00:04:11,142 --> 00:04:13,253 It's only about Andy's so-called crimes. 109 00:04:13,277 --> 00:04:15,722 There was no internal investigation about the shooting. 110 00:04:15,746 --> 00:04:17,758 No witnesses, no crime scene photos, 111 00:04:17,782 --> 00:04:19,126 no cop interviews. 112 00:04:19,150 --> 00:04:20,694 No one's even allowed to interview them 113 00:04:20,718 --> 00:04:23,034 in the first 48 hours after a shooting. 114 00:04:23,059 --> 00:04:24,336 Because it's so traumatic. 115 00:04:24,360 --> 00:04:25,437 But really it's just so they have time 116 00:04:25,461 --> 00:04:27,139 to get their stories straight. 117 00:04:28,231 --> 00:04:30,409 How long's Lindsley been on the force? 118 00:04:31,025 --> 00:04:32,611 22 years. 119 00:04:32,635 --> 00:04:34,780 This can't be the first time he's had an incident. 120 00:04:34,804 --> 00:04:37,416 Well, there's no prior disciplinary reports in the file. 121 00:04:37,440 --> 00:04:38,517 We can subpoena for them. 122 00:04:38,541 --> 00:04:39,618 Yeah, but even if we can show 123 00:04:39,642 --> 00:04:40,986 the shooter has a checkered history, 124 00:04:41,010 --> 00:04:44,043 we've got nothing without witnesses or video. 125 00:04:44,072 --> 00:04:45,648 I'm assuming there were no body cams? 126 00:04:45,672 --> 00:04:48,017 No. And no witnesses with cellphones either. 127 00:04:48,045 --> 00:04:49,222 Our only chance of video is surveillance 128 00:04:49,246 --> 00:04:50,290 from the cams in the neighborhood. 129 00:04:50,314 --> 00:04:52,258 Well, let's take a ride out to the bodega. 130 00:04:52,282 --> 00:04:53,460 Okay, you and me do that. 131 00:04:53,484 --> 00:04:55,628 You issue a subpoena for the disciplinary reports? 132 00:04:55,652 --> 00:04:56,963 Charlotte's already writing it up, 133 00:04:56,987 --> 00:04:59,032 and I got a time set up to see the judge in a couple hours. 134 00:04:59,056 --> 00:05:00,767 Let's meet back here after that. 135 00:05:00,791 --> 00:05:01,901 Compare notes. 136 00:05:01,925 --> 00:05:03,603 Rock and roll. 137 00:05:38,454 --> 00:05:39,786 Look. 138 00:05:43,347 --> 00:05:45,092 Hello. 139 00:05:45,117 --> 00:05:46,761 Welcome. 140 00:05:46,785 --> 00:05:48,363 I'm Safiya Masry. 141 00:05:48,387 --> 00:05:49,998 Oh, Masry? You're Syrian? 142 00:05:50,022 --> 00:05:51,799 Oh Egyptian, actually. 143 00:05:51,823 --> 00:05:53,935 I was born in Tehran. Salaam-Alaikum. 144 00:05:53,959 --> 00:05:55,403 Wa-Alaikum-Salaam. 145 00:05:55,427 --> 00:05:57,972 We're here about what happened to Andy Josiah. 146 00:05:57,996 --> 00:06:00,742 And I didn't see anything. I already told the police that. 147 00:06:00,766 --> 00:06:02,349 But you must have heard the shots. 148 00:06:02,373 --> 00:06:04,183 Of course. I came outside, 149 00:06:04,207 --> 00:06:07,530 but the police told me to stay in here for my safety. 150 00:06:07,555 --> 00:06:09,290 Get a pack of the usual. 151 00:06:12,793 --> 00:06:16,039 So, you're going after those cops, huh? 152 00:06:16,063 --> 00:06:17,674 Guess you watch the news. 153 00:06:17,698 --> 00:06:18,842 Yeah. 154 00:06:18,866 --> 00:06:20,777 I'm kind of hoping to be on the jury. 155 00:06:25,973 --> 00:06:28,418 The people here... They admire the police. 156 00:06:28,442 --> 00:06:29,586 Yeah. 157 00:06:29,610 --> 00:06:31,321 Look, I know you didn't see anything that night, 158 00:06:31,345 --> 00:06:33,304 but were there any customers here 159 00:06:33,328 --> 00:06:34,544 who might have seen something? 160 00:06:34,568 --> 00:06:36,893 No, it was a very slow night. 161 00:06:36,918 --> 00:06:39,363 Because of the virus, most nights are like that now. 162 00:06:39,387 --> 00:06:41,065 And what about video surveillance? 163 00:06:41,089 --> 00:06:43,267 I see you have a camera on the side of the building. 164 00:06:43,291 --> 00:06:45,703 Oh, that... that camera has been broken for weeks. 165 00:06:49,364 --> 00:06:51,909 I'll take two halva for the road. 166 00:06:51,933 --> 00:06:54,111 It's on the house. 167 00:06:54,836 --> 00:06:56,669 Well, thank you. 168 00:07:01,887 --> 00:07:03,881 Convenient. Cameras broke. 169 00:07:03,915 --> 00:07:06,156 If the cops got to him, that means he already erased it. 170 00:07:10,295 --> 00:07:11,272 Henry. 171 00:07:11,296 --> 00:07:12,674 Judge just shot down our subpoena 172 00:07:12,698 --> 00:07:14,542 for cops' disciplinary records. 173 00:07:14,566 --> 00:07:15,577 What?! 174 00:07:15,601 --> 00:07:17,312 Called it a fishing expedition. 175 00:07:17,336 --> 00:07:18,813 Then he gave me a pretty hefty lecture 176 00:07:18,837 --> 00:07:22,283 about due process and the dignity of law enforcement. 177 00:07:22,307 --> 00:07:23,585 Everyone was right. 178 00:07:23,609 --> 00:07:26,154 We don't stand a chance if we try the case here. 179 00:07:26,178 --> 00:07:28,990 We certainly have a hand tied behind our backs. 180 00:07:29,219 --> 00:07:30,663 And it doesn't get any better. 181 00:07:30,687 --> 00:07:32,865 Put me on speaker and take a look at your texts. 182 00:07:32,889 --> 00:07:34,333 - There's a link. - What is it? 183 00:07:36,168 --> 00:07:38,638 "Living a party life with thug friends." 184 00:07:38,662 --> 00:07:41,341 Guy in the picture, the one he's got his arm around, 185 00:07:41,365 --> 00:07:43,643 he was convicted of home invasion burglary. 186 00:07:43,667 --> 00:07:45,144 You know what this is. 187 00:07:45,168 --> 00:07:47,447 Of course I do. But it's not a good look, Aaron. 188 00:07:47,471 --> 00:07:48,915 You better go see Elaine. 189 00:07:48,939 --> 00:07:50,283 And cross-examine her? 190 00:07:50,307 --> 00:07:52,385 Make sure we got an answer for this. 191 00:08:01,125 --> 00:08:02,369 Damn it! 192 00:08:02,393 --> 00:08:03,403 What's going on? 193 00:08:03,427 --> 00:08:05,005 They're calling Andy a thug. 194 00:08:05,029 --> 00:08:06,073 Like we don't know what that's code for. 195 00:08:06,992 --> 00:08:08,475 - Ronnie. - What? 196 00:08:08,499 --> 00:08:09,609 What's wrong with you? 197 00:08:10,244 --> 00:08:11,906 What do you mean? Nothing. 198 00:08:12,747 --> 00:08:15,273 I just think maybe you're taking this... 199 00:08:15,297 --> 00:08:16,908 Do you see what they're doing to him? 200 00:08:16,932 --> 00:08:18,342 You think that's all right? 201 00:08:18,366 --> 00:08:19,844 I didn't say it was all right. I don't think it's all right. 202 00:08:19,868 --> 00:08:21,512 Then don't tell me to calm down! 203 00:08:29,990 --> 00:08:31,382 I don't know what's going on with him. 204 00:08:31,407 --> 00:08:33,118 Just give him a couple minutes. He'll cool down. 205 00:08:33,142 --> 00:08:34,453 He's getting worse. 206 00:08:34,477 --> 00:08:36,243 But he won't admit anything's wrong. 207 00:08:38,781 --> 00:08:41,259 - Come on in. - Aaron! 208 00:08:41,283 --> 00:08:43,328 Hey, big man. 209 00:08:43,352 --> 00:08:45,169 - How we doin'? - I'm good. 210 00:08:45,205 --> 00:08:47,398 Marcel, this is Safiya Masry. 211 00:08:47,423 --> 00:08:48,567 She's working on the case with me. 212 00:08:48,591 --> 00:08:49,835 Hi. 213 00:08:49,859 --> 00:08:52,070 Marcel still comin' to sleep in your bed at night? 214 00:08:52,094 --> 00:08:54,317 I told him he can just sleep with me, 215 00:08:54,342 --> 00:08:56,787 but he always wants to try his own room. 216 00:08:56,811 --> 00:08:58,389 Hmm. 217 00:08:58,413 --> 00:09:00,958 I remember Jazz came to visit me at Bellmore. 218 00:09:01,504 --> 00:09:03,394 She got a shoulder injury from gymnastics, 219 00:09:03,418 --> 00:09:05,062 and every time I asked her how it was, 220 00:09:05,086 --> 00:09:06,764 she'd act like it was fine. 221 00:09:06,788 --> 00:09:08,432 9 years old. 222 00:09:08,856 --> 00:09:10,756 She didn't want to put it on me. 223 00:09:12,280 --> 00:09:15,773 It breaks my heart seeing him all twisted up. 224 00:09:16,452 --> 00:09:19,364 But you coming by... 225 00:09:19,388 --> 00:09:21,833 I told him you're the one who's gonna fight for his father, 226 00:09:21,857 --> 00:09:24,425 make sure people don't forget who he really was. 227 00:09:27,963 --> 00:09:29,807 Elaine, we got to show you something. 228 00:09:29,831 --> 00:09:31,431 It's about Andy. 229 00:09:37,148 --> 00:09:39,559 That picture's gotta be 10 years ago. 230 00:09:39,583 --> 00:09:40,961 And the guy he's posing with? 231 00:09:40,985 --> 00:09:41,995 I don't think we've seen him 232 00:09:42,019 --> 00:09:43,931 since before I was pregnant with Marcel. 233 00:09:43,955 --> 00:09:45,365 They're trying to poison the jury. 234 00:09:45,389 --> 00:09:46,934 Make your husband seem like a threat 235 00:09:46,958 --> 00:09:49,036 so they can argue the shooting was justified. 236 00:09:49,060 --> 00:09:52,004 Well, Andy never had any problems with the law. 237 00:09:52,029 --> 00:09:53,573 Neither did any of his friends. 238 00:09:53,597 --> 00:09:54,941 We understand. 239 00:09:54,965 --> 00:09:56,209 When it comes to trial, 240 00:09:56,233 --> 00:09:58,477 we'll be able to call plenty of character witnesses. 241 00:10:01,213 --> 00:10:04,592 Talking about a trial... People are saying 242 00:10:04,616 --> 00:10:07,017 that there's a whole range of charges you can bring. 243 00:10:08,086 --> 00:10:10,120 We're not supposed to talk specifics. 244 00:10:11,290 --> 00:10:13,434 But generally speaking, 245 00:10:13,458 --> 00:10:15,370 in a case like this, 246 00:10:15,394 --> 00:10:17,171 prosecution can present charges 247 00:10:17,195 --> 00:10:19,113 ranging from murder in the second degree 248 00:10:19,140 --> 00:10:20,684 to criminally negligent homicide, 249 00:10:20,708 --> 00:10:22,786 with manslaughter in the middle. 250 00:10:23,060 --> 00:10:26,662 Well, they shot him in the back. 251 00:10:28,833 --> 00:10:30,778 So how is that not murder? 252 00:10:30,802 --> 00:10:33,447 Given how hard these cases are against cops, 253 00:10:33,471 --> 00:10:35,883 even getting lower charges past a Grand Jury 254 00:10:35,907 --> 00:10:37,317 can be very difficult. 255 00:10:37,341 --> 00:10:39,500 Especially in a place like Staten Island. 256 00:10:39,577 --> 00:10:42,122 Which is so sympathetic to law enforcement. 257 00:10:42,146 --> 00:10:44,592 So you want to low-ball right off the bat? 258 00:10:44,616 --> 00:10:45,926 It's still early. 259 00:10:45,950 --> 00:10:47,661 We don't even know what evidence we have. 260 00:10:47,918 --> 00:10:50,719 But we do think the cops lied about why they stopped Andy. 261 00:10:58,462 --> 00:10:59,580 Elaine. 262 00:11:00,998 --> 00:11:03,709 It would really help if we could talk to Marcel. 263 00:11:13,819 --> 00:11:15,630 Marcel. 264 00:11:15,654 --> 00:11:17,799 If you're gonna treat her like the client, 265 00:11:17,823 --> 00:11:19,801 then we need to manage expectations, Aaron, 266 00:11:19,825 --> 00:11:21,369 from the beginning. 267 00:11:25,029 --> 00:11:26,840 I was in the back seat. 268 00:11:26,864 --> 00:11:29,209 We were looking for Tank because I lost him 269 00:11:29,233 --> 00:11:31,077 and he was my favorite. 270 00:11:31,545 --> 00:11:33,178 And Tank is your toy? 271 00:11:34,348 --> 00:11:36,026 Then the lights went on. 272 00:11:36,050 --> 00:11:38,328 The loud ones with the different colors. 273 00:11:38,352 --> 00:11:41,198 Then we stopped. 274 00:11:41,222 --> 00:11:43,934 That's when your dad pulled over? With the car? 275 00:11:44,750 --> 00:11:46,903 But the loud lights kept going. 276 00:11:47,461 --> 00:11:49,373 Then the man came. 277 00:11:49,397 --> 00:11:51,697 They started pushing my dad. 278 00:11:55,049 --> 00:11:57,449 It's alright, we don't have to talk about that part right now. 279 00:12:00,241 --> 00:12:02,753 I just want to know if you can remember before that. 280 00:12:03,906 --> 00:12:05,693 Do you remember if they told your dad 281 00:12:05,717 --> 00:12:07,762 why they asked him to stop the car? 282 00:12:15,627 --> 00:12:20,508 What did the man say after your dad stopped the car? 283 00:12:21,537 --> 00:12:24,278 They said he did something wrong with his driving, 284 00:12:24,974 --> 00:12:27,553 the way he turned in the street. 285 00:12:27,577 --> 00:12:28,954 A U-turn? 286 00:12:28,978 --> 00:12:30,689 Yeah. 287 00:12:30,713 --> 00:12:33,192 Nothing about him talking on his cellphone? 288 00:12:33,591 --> 00:12:35,994 No, I had the phone. 289 00:12:36,402 --> 00:12:38,013 Oh, you did? 290 00:12:38,037 --> 00:12:40,514 He was letting me watch elephants on it. 291 00:12:42,308 --> 00:12:43,819 Elephants? 292 00:12:43,843 --> 00:12:48,190 I dropped it on the floor when everything started happening. 293 00:12:48,214 --> 00:12:51,949 When I was trying to get out of my car seat, I... 294 00:12:54,120 --> 00:12:55,564 That's okay, big man. 295 00:12:55,588 --> 00:12:57,666 We don't have to talk no more. 296 00:12:58,135 --> 00:12:59,846 You did great. 297 00:12:59,871 --> 00:13:01,638 Thank you so much. 298 00:13:04,430 --> 00:13:06,942 I don't want you to ask him to testify. 299 00:13:06,966 --> 00:13:09,611 The cops lied about why they stopped Andy. 300 00:13:09,635 --> 00:13:11,279 This may be the only way to prove it. 301 00:13:11,710 --> 00:13:13,221 They shot him for no reason. 302 00:13:13,245 --> 00:13:14,689 Why they stopped him shouldn't matter. 303 00:13:14,713 --> 00:13:16,558 If they lied, it goes to their credibility. 304 00:13:16,582 --> 00:13:18,326 I understand what you're saying, 305 00:13:18,350 --> 00:13:20,895 but I'm not gonna put Marcel through that. 306 00:13:21,347 --> 00:13:22,931 You're right. 307 00:13:23,307 --> 00:13:24,532 We'll find another way. 308 00:13:28,412 --> 00:13:30,731 Would you have put Justin or Zoe through that? 309 00:13:31,215 --> 00:13:32,459 When they were 7? 310 00:13:32,483 --> 00:13:34,227 I'd hate it. 311 00:13:34,251 --> 00:13:36,129 But when they grew up, I wouldn't want them asking 312 00:13:36,153 --> 00:13:37,664 why I didn't let them help. 313 00:13:37,688 --> 00:13:39,066 Hey, Sherwin. 314 00:13:39,615 --> 00:13:42,191 That's the guy from the bodega. 315 00:13:44,628 --> 00:13:46,440 I'm sorry to bother you, 316 00:13:46,464 --> 00:13:48,508 but I found this. 317 00:13:48,532 --> 00:13:52,212 And when I realized it must've belonged to Marcel... 318 00:13:53,187 --> 00:13:55,040 I'm so sorry. 319 00:13:55,064 --> 00:13:56,541 That's very kind of you, Sherwin. 320 00:13:56,565 --> 00:13:57,976 He does love this. 321 00:13:58,000 --> 00:14:00,412 If there's anything else I can do for you 322 00:14:00,436 --> 00:14:01,407 or Marcel... 323 00:14:01,432 --> 00:14:02,456 Thank you. 324 00:14:02,498 --> 00:14:04,160 You have always been very kind, 325 00:14:04,185 --> 00:14:06,163 and you know how much Andy liked you. 326 00:14:06,187 --> 00:14:09,533 Well, I-I should go. 327 00:14:09,557 --> 00:14:11,301 I-I will pray for your family. 328 00:14:11,325 --> 00:14:12,523 Thank you. 329 00:14:13,691 --> 00:14:15,772 He is a very nice man. 330 00:14:15,796 --> 00:14:18,988 I'm sure all this publicity has been bad for his business. 331 00:14:19,533 --> 00:14:21,545 Will you tell Mr. Wallace I'll be right back? 332 00:14:22,032 --> 00:14:23,747 Uh, Sherwin? 333 00:14:23,771 --> 00:14:25,015 Sherwin? 334 00:14:25,039 --> 00:14:26,349 Ah. 335 00:14:26,373 --> 00:14:28,885 I didn't... I didn't realize that you knew this family. 336 00:14:28,909 --> 00:14:32,159 Oh, yes, they... they have been customers for years. 337 00:14:32,184 --> 00:14:34,262 Well, you didn't mention that when we came to your store. 338 00:14:34,286 --> 00:14:36,097 Didn't I? 339 00:14:36,121 --> 00:14:38,666 You know, if the cops told you to get rid of that video, 340 00:14:38,690 --> 00:14:40,235 we need to know. 341 00:14:40,259 --> 00:14:43,471 No, I-I told them the same thing as you, 342 00:14:43,495 --> 00:14:45,206 that the camera was broken. 343 00:14:45,230 --> 00:14:48,176 Then I'm asking you if you told them the truth. 344 00:14:48,200 --> 00:14:50,278 Because I'm having a hard time believing 345 00:14:50,302 --> 00:14:52,113 that someone who's worked as hard as you 346 00:14:52,137 --> 00:14:53,515 to build that business 347 00:14:53,539 --> 00:14:57,935 lets their security system sit like that, broken for weeks. 348 00:14:57,960 --> 00:15:00,539 I-I-I told you that business was bad... 349 00:15:00,563 --> 00:15:04,555 Sherwin, there is no justice in this world without sacrifice. 350 00:15:04,587 --> 00:15:07,079 So don't tell that woman you're gonna pray for her family 351 00:15:07,103 --> 00:15:08,814 when you won't even do what's in your control 352 00:15:08,838 --> 00:15:10,805 to help her find some peace. 353 00:15:12,108 --> 00:15:13,118 You... You don't understand. 354 00:15:13,142 --> 00:15:14,820 No, Andy Josiah is dead. 355 00:15:14,844 --> 00:15:16,789 Marcel is without a father. 356 00:15:16,813 --> 00:15:19,764 If you have evidence about what happened and you hide it, 357 00:15:19,788 --> 00:15:21,425 you're complicit. 358 00:15:21,790 --> 00:15:23,534 And if we find out, 359 00:15:23,559 --> 00:15:25,993 you can be charged with obstruction of justice. 360 00:15:29,278 --> 00:15:31,990 I have my own family. 361 00:15:32,161 --> 00:15:34,273 I could lose everything. 362 00:15:34,297 --> 00:15:36,241 I understand that you were scared 363 00:15:36,265 --> 00:15:37,876 and that you didn't want to get involved, 364 00:15:37,900 --> 00:15:39,311 and I know how hard it can be, 365 00:15:39,335 --> 00:15:42,821 but now you don't have a choice. 366 00:15:44,340 --> 00:15:46,685 Show us the video. 367 00:15:46,709 --> 00:15:49,054 And I promise we can protect you. 368 00:16:31,779 --> 00:16:33,347 Should I rewind it? 369 00:16:34,957 --> 00:16:37,283 I'll watch that part later. 370 00:16:44,483 --> 00:16:46,427 Matranga said in his report 371 00:16:46,451 --> 00:16:48,696 that Andy was belligerent and resisting, 372 00:16:48,720 --> 00:16:51,432 but Matranga was in the squad car. 373 00:16:59,931 --> 00:17:01,943 Pointing the gun at Marcel. 374 00:17:02,359 --> 00:17:05,938 Grand Jury won't like that, even in Staten Island. 375 00:17:05,963 --> 00:17:07,808 Sherwin's willing to testify and authenticate this? 376 00:17:07,832 --> 00:17:09,910 I told him the video is inadmissible without him, 377 00:17:09,934 --> 00:17:11,445 so yeah, he'll do it. 378 00:17:11,469 --> 00:17:12,913 I got some goodies. 379 00:17:12,937 --> 00:17:15,582 And we got video from the bodega. 380 00:17:15,606 --> 00:17:18,318 But we can show you after. What's in the folder? 381 00:17:18,912 --> 00:17:20,254 Is everyone okay? 382 00:17:20,678 --> 00:17:22,811 Tell me you got something on the shooter. 383 00:17:23,881 --> 00:17:26,920 14 civilian complaints in the last 8 years. 384 00:17:26,945 --> 00:17:28,956 All the reports completely unredacted. 385 00:17:28,980 --> 00:17:30,992 Names of witnesses, contact info, 386 00:17:31,016 --> 00:17:32,894 - the whole nine yards. - Where'd you get these? 387 00:17:32,918 --> 00:17:35,526 I got an old friend at the Civilian Complaint Review Board. 388 00:17:35,551 --> 00:17:37,629 And all these would've been submitted to the NYPD? 389 00:17:37,653 --> 00:17:39,664 At least the six that were substantiated. 390 00:17:40,147 --> 00:17:41,466 What the department did with them, 391 00:17:41,490 --> 00:17:42,534 we still don't know. 392 00:17:42,558 --> 00:17:44,067 They buried 'em. 393 00:17:44,493 --> 00:17:47,628 Otherwise that scumbag wouldn't be on the streets. 394 00:17:52,222 --> 00:17:53,799 Ladies and gentlemen, I give you 395 00:17:53,823 --> 00:17:55,662 the price of unchecked power. 396 00:17:56,426 --> 00:17:59,293 Get on the ground! 397 00:18:01,069 --> 00:18:02,714 You alright? 398 00:18:02,739 --> 00:18:03,749 What? 399 00:18:04,000 --> 00:18:05,177 Yeah, I'm fine. 400 00:18:05,201 --> 00:18:07,235 I... Jazz sent me down here to put this away. 401 00:18:08,972 --> 00:18:10,427 Ronnie. 402 00:18:12,676 --> 00:18:15,855 Sometimes it's easier to talk to someone less close to you. 403 00:18:16,558 --> 00:18:18,457 Did Jazz say something? 404 00:18:18,481 --> 00:18:20,114 We're all concerned. 405 00:18:24,120 --> 00:18:26,532 I just keep seeing them on top of me. 406 00:18:28,069 --> 00:18:29,098 One of them, 407 00:18:29,123 --> 00:18:31,669 he's screaming so loud, I can smell his breath, 408 00:18:31,693 --> 00:18:32,991 and he's just... 409 00:18:34,762 --> 00:18:36,907 kneeling on my chest. 410 00:18:45,106 --> 00:18:47,172 It's gonna take some time. 411 00:18:48,215 --> 00:18:50,020 But the more you talk about it, 412 00:18:50,044 --> 00:18:53,190 the more you let yourself have these feelings. 413 00:18:53,762 --> 00:18:55,459 It's how you're gonna heal. 414 00:18:56,598 --> 00:18:58,284 Well, I want to be more like Aaron. 415 00:18:59,785 --> 00:19:01,296 He just keeps fighting. 416 00:19:02,271 --> 00:19:04,365 He's got plenty he's dealing with, 417 00:19:04,389 --> 00:19:06,734 but he had to learn how to talk about it, too. 418 00:19:06,758 --> 00:19:08,258 Trust me. 419 00:19:14,071 --> 00:19:15,348 Come here. 420 00:19:15,373 --> 00:19:16,605 Come here. 421 00:19:34,936 --> 00:19:36,814 Okay, I'll be home later. 422 00:19:36,838 --> 00:19:38,271 Night, Marie. 423 00:19:42,894 --> 00:19:44,588 For what it's worth, 424 00:19:44,612 --> 00:19:46,724 Marie thinks we should go for murder. 425 00:19:46,748 --> 00:19:48,390 Everyone she talks to agrees. 426 00:19:48,415 --> 00:19:49,892 I don't know, Aaron. 427 00:19:50,043 --> 00:19:52,555 Look, you guys both know I want to go for all the marbles, 428 00:19:52,579 --> 00:19:55,625 but there might be another play. 429 00:19:55,649 --> 00:19:56,926 Tell me. 430 00:19:57,308 --> 00:19:58,652 We start conservative, 431 00:19:58,677 --> 00:20:00,421 go for the lower charge in Staten Island. 432 00:20:00,445 --> 00:20:01,556 That way, we don't risk 433 00:20:01,580 --> 00:20:03,424 having the Grand Jury reject the charges. 434 00:20:03,448 --> 00:20:04,559 Builds our credibility. 435 00:20:04,583 --> 00:20:06,060 Maybe in Staten Island. 436 00:20:06,298 --> 00:20:07,476 Not in my community. 437 00:20:07,853 --> 00:20:09,397 It'll be a little ugly at first, 438 00:20:09,421 --> 00:20:11,365 but then we ask for a change of venue. 439 00:20:11,389 --> 00:20:13,668 We win that, we get the case moved, 440 00:20:13,692 --> 00:20:16,270 once we're in another borough, we impanel a new Grand Jury, 441 00:20:16,294 --> 00:20:18,506 get a new indictment at the higher charges. 442 00:20:18,530 --> 00:20:19,941 If we lose on change of venue, 443 00:20:19,965 --> 00:20:21,709 we're stuck in Staten Island with the lower charges. 444 00:20:21,733 --> 00:20:22,977 It's a risk. 445 00:20:23,001 --> 00:20:24,545 Full disclosure, though it's technically possible, 446 00:20:24,569 --> 00:20:26,214 I don't think it's ever actually been done. 447 00:20:26,238 --> 00:20:28,583 Plus, it's extremely difficult to get a venue change, 448 00:20:28,607 --> 00:20:30,151 especially for the prosecution. 449 00:20:30,175 --> 00:20:32,653 Just pitching a way to split the difference here. 450 00:20:36,798 --> 00:20:38,910 What if I work things out with the judge beforehand? 451 00:20:38,934 --> 00:20:42,375 Wait, you can't offer quid pro quos to judges. 452 00:20:42,400 --> 00:20:44,411 You can't even be perceived to be floating that. 453 00:20:44,435 --> 00:20:46,547 It's Staten Island, right? 454 00:20:46,571 --> 00:20:48,749 Old Boys Club. 455 00:20:48,773 --> 00:20:51,051 Judge Edgemore, he's a home-team guy. 456 00:20:51,075 --> 00:20:52,620 But you got to be real careful how you play it. 457 00:20:52,644 --> 00:20:53,821 Hold on a minute. 458 00:20:53,845 --> 00:20:55,889 Are you seriously talking about making a backroom deal 459 00:20:55,914 --> 00:20:57,625 and then violating the terms of that deal 460 00:20:57,649 --> 00:20:59,060 as soon as you get it out of there? 461 00:20:59,084 --> 00:21:00,194 Basically, yeah. 462 00:21:00,218 --> 00:21:01,495 These are judges! 463 00:21:01,519 --> 00:21:04,732 You can't play both sides against each other like that. 464 00:21:16,301 --> 00:21:17,745 Mr. Wallace. 465 00:21:17,769 --> 00:21:20,937 My secretary told me that you had some questions for me. 466 00:21:20,962 --> 00:21:22,662 - Yes, Your Honor. - Mm-hmm. 467 00:21:23,832 --> 00:21:26,577 You know this is the first time I've ever prosecuted a case. 468 00:21:26,601 --> 00:21:28,045 There's some disagreement on my team 469 00:21:28,069 --> 00:21:30,347 - as to what charges to present. - Is that right? 470 00:21:30,371 --> 00:21:32,149 Now, I know you can't advise me specifically, 471 00:21:32,173 --> 00:21:34,051 but I thought maybe you could give me some general advice 472 00:21:34,075 --> 00:21:35,252 on grand juries. 473 00:21:35,524 --> 00:21:38,270 22 years of watching ADAs get broken in. 474 00:21:38,294 --> 00:21:40,272 You know what their main problem is? 475 00:21:40,296 --> 00:21:41,340 Preparation? 476 00:21:41,364 --> 00:21:43,475 Enthusiasm. 477 00:21:43,499 --> 00:21:44,710 All that power, 478 00:21:44,734 --> 00:21:47,913 all the righteousness of fighting for the victims... 479 00:21:48,328 --> 00:21:49,972 Goes to their heads. 480 00:21:49,996 --> 00:21:51,640 Pretty soon, they're overstepping themselves 481 00:21:51,664 --> 00:21:54,510 or using trumped-up charges to leverage the defense. 482 00:21:54,534 --> 00:21:56,245 Yeah, I've been on the other side of that. 483 00:21:56,269 --> 00:21:59,081 Well, hopefully you'll remember that lesson now. 484 00:21:59,105 --> 00:22:00,916 If a trial jury acquits, 485 00:22:00,940 --> 00:22:02,952 it's almost always because the prosecutor 486 00:22:02,976 --> 00:22:04,553 went for too much at the beginning 487 00:22:04,995 --> 00:22:06,856 during the indictment phase. 488 00:22:06,880 --> 00:22:08,331 Hmm. 489 00:22:09,314 --> 00:22:10,892 Anything I should know 490 00:22:10,916 --> 00:22:12,427 specifically about Staten Island? 491 00:22:12,451 --> 00:22:14,629 I've never even driven over the bridge until last week. 492 00:22:14,653 --> 00:22:18,550 15 miles from the Bronx. It might as well be 1,500. 493 00:22:19,024 --> 00:22:23,393 These cases do tear at the fabric of our community. 494 00:22:24,429 --> 00:22:27,108 So you suggest moderation? 495 00:22:27,132 --> 00:22:31,512 In this case, something like criminally negligent homicide? 496 00:22:32,272 --> 00:22:34,148 Theoretically, 497 00:22:34,172 --> 00:22:39,279 I'd imagine my colleagues might look very favorably on that. 498 00:22:40,245 --> 00:22:42,990 Only thing with that is how it'll look for me 499 00:22:43,395 --> 00:22:45,974 if my community finds out that's all I asked for. 500 00:22:45,998 --> 00:22:49,744 No question that we're all of us here in a vise. 501 00:22:49,768 --> 00:22:52,714 But you did sign up for this. 502 00:22:53,084 --> 00:22:54,683 Mm. 503 00:22:54,707 --> 00:22:57,285 Now, you said that these cases 504 00:22:57,309 --> 00:22:59,154 can tear at the fabric of your community. 505 00:22:59,413 --> 00:23:01,024 Now, what if that didn't have to be here? 506 00:23:01,048 --> 00:23:04,194 What if there was a way to spare everyone the pain? 507 00:23:04,218 --> 00:23:06,696 Are you talking about a change of venue? 508 00:23:07,307 --> 00:23:10,033 That would be seen as a win for me. 509 00:23:10,057 --> 00:23:14,092 But since the officers would be facing lower charges... 510 00:23:16,096 --> 00:23:19,175 I can see how that might make sense. 511 00:23:31,688 --> 00:23:33,291 You ready for this? 512 00:23:34,668 --> 00:23:36,903 Elaine's gonna think we sold her out. 513 00:23:37,337 --> 00:23:39,227 And I can't say anything. 514 00:23:41,431 --> 00:23:44,732 I just keep thinking it could've been Ronnie. 515 00:23:46,821 --> 00:23:49,200 I really hope you can pull this off, Aaron. 516 00:23:59,650 --> 00:24:02,329 Dockets ending 489 and 490, 517 00:24:02,353 --> 00:24:03,664 People of the State of New York 518 00:24:03,688 --> 00:24:06,950 versus Officers Edgar Lindsley and Phillip Matranga. 519 00:24:07,992 --> 00:24:10,195 Aaron Wallace, Henry Roswell, 520 00:24:10,220 --> 00:24:12,198 and Safiya Masry, for the people. 521 00:24:12,222 --> 00:24:14,767 Dean Johnston and Mike Paxton for the defense, Your Honor. 522 00:24:14,791 --> 00:24:16,469 Always a pleasure, Mr. Johnston. 523 00:24:16,493 --> 00:24:18,838 Your Honor, the people would like to serve 524 00:24:18,862 --> 00:24:21,907 and file an indictment charging each officer 525 00:24:21,931 --> 00:24:25,444 with a violation of penal law section 125.10, 526 00:24:25,735 --> 00:24:27,113 Criminally Negligent Homicide. 527 00:24:33,243 --> 00:24:35,821 Alright. Officers Lindsley and Matranga, 528 00:24:35,845 --> 00:24:37,757 I have before me an indictment 529 00:24:37,781 --> 00:24:39,091 charging you with a single count 530 00:24:39,115 --> 00:24:41,027 of the nonviolent, class-E felony 531 00:24:41,051 --> 00:24:42,811 of criminally negligent homicide. 532 00:24:42,836 --> 00:24:43,913 How do you plead? 533 00:24:43,937 --> 00:24:45,715 Not guilty, Your Honor. 534 00:24:45,739 --> 00:24:46,883 Not guilty, Your Honor. 535 00:24:46,907 --> 00:24:48,317 Now, as for the question of bail... 536 00:24:48,341 --> 00:24:50,753 - Your Honor... - Oh, don't even bother, Mr. Wallace. 537 00:24:50,777 --> 00:24:53,489 These charges carry a maximum penalty of four years. 538 00:24:53,513 --> 00:24:55,391 They also enable each of these officers 539 00:24:55,415 --> 00:24:56,993 to be eligible for probation, 540 00:24:57,017 --> 00:24:58,394 so you see there's not a chance that I'm gonna 541 00:24:58,418 --> 00:25:00,783 have these officers sit in jail pending trial. 542 00:25:00,808 --> 00:25:03,287 I'm ordering that they be released on their own recognizance. 543 00:25:03,311 --> 00:25:04,555 So... 544 00:25:04,579 --> 00:25:06,323 Alright, clear the courtroom. 545 00:25:06,347 --> 00:25:07,724 Restore some order here, please. 546 00:25:07,748 --> 00:25:09,393 Step out! 547 00:25:09,417 --> 00:25:12,390 Let's go, people. Quiet down. 548 00:25:15,660 --> 00:25:18,330 Elaine, I know how this looks, but... 549 00:25:19,764 --> 00:25:21,575 Shame on you! 550 00:25:33,845 --> 00:25:35,956 Hey, Ronnie. How you doing? 551 00:25:36,354 --> 00:25:38,199 Fine. Just put AJ to sleep. 552 00:25:38,224 --> 00:25:39,534 Where's Jazz and Marie? 553 00:25:39,558 --> 00:25:41,258 Grocery store. 554 00:25:44,096 --> 00:25:45,423 You alright? 555 00:25:45,898 --> 00:25:48,844 Kind of surprised you let those cops off the hook. 556 00:25:48,868 --> 00:25:50,345 You don't really know... 557 00:25:50,369 --> 00:25:52,681 Jazz had to shut down the website. 558 00:25:53,156 --> 00:25:54,900 Everyone's calling you a sellout, 559 00:25:54,924 --> 00:25:57,069 saying you threw the case. 560 00:25:58,995 --> 00:26:01,262 That what you think? 561 00:26:04,000 --> 00:26:06,111 Unless you can explain something different. 562 00:26:06,135 --> 00:26:08,580 All I can say is that this isn't over. 563 00:26:08,604 --> 00:26:10,883 I get how you're feeling... 564 00:26:10,907 --> 00:26:12,818 About everything, honestly. 565 00:26:12,842 --> 00:26:14,753 And I don't blame you. 566 00:26:14,777 --> 00:26:16,722 But on this, 567 00:26:16,746 --> 00:26:18,813 you're just gonna have to trust me. 568 00:26:22,151 --> 00:26:23,475 And how are things at home? 569 00:26:23,518 --> 00:26:25,430 Fine. It's good to have Marie back. 570 00:26:25,454 --> 00:26:26,598 Tough stint she did. 571 00:26:26,622 --> 00:26:28,834 14-hour shifts, living at a motel. 572 00:26:28,858 --> 00:26:30,924 Yeah, she's stronger than I ever knew. 573 00:26:30,948 --> 00:26:33,138 She had to be with you away all that time. 574 00:26:34,097 --> 00:26:35,733 You been following my case? 575 00:26:35,757 --> 00:26:37,568 I think it's safe to say everybody is. 576 00:26:37,592 --> 00:26:40,338 And what you think so far? 577 00:26:40,829 --> 00:26:42,649 I think you're letting them off too easy. 578 00:26:43,064 --> 00:26:44,851 But then again, you're gonna have a tough time 579 00:26:44,875 --> 00:26:47,220 getting even those smaller charges to stick. 580 00:26:47,902 --> 00:26:48,955 Yeah. 581 00:26:48,979 --> 00:26:53,359 Must be hard being Black and blue. 582 00:26:53,800 --> 00:26:55,660 Especially these days. 583 00:26:56,903 --> 00:26:58,481 Is there something you need from me? 584 00:26:59,122 --> 00:27:01,517 Yeah, 10:00 curfew's a bitch. 585 00:27:01,541 --> 00:27:02,919 Especially when my partners are working 586 00:27:02,943 --> 00:27:04,687 all through the night in my office. 587 00:27:05,295 --> 00:27:06,956 I'll talk to Davidson, 588 00:27:07,630 --> 00:27:09,358 see if I can get you till midnight. 589 00:27:09,674 --> 00:27:11,307 Appreciate that. 590 00:27:13,903 --> 00:27:16,115 I feel bad I came down so hard on Aaron. 591 00:27:16,139 --> 00:27:17,950 Oh, you don't have to apologize. 592 00:27:17,974 --> 00:27:20,653 We know what you're going through. 593 00:27:20,677 --> 00:27:21,887 We just want to help. 594 00:27:21,911 --> 00:27:23,956 My parents want me to talk to a therapist, but... 595 00:27:23,980 --> 00:27:25,424 But what? 596 00:27:25,448 --> 00:27:27,776 You're gonna think this is crazy, but... 597 00:27:28,451 --> 00:27:31,853 who I really want to talk to is that cop. 598 00:27:33,290 --> 00:27:37,692 Look him in the eye and ask him why he did what he did. 599 00:27:39,929 --> 00:27:43,042 Then why don't we? 600 00:27:53,943 --> 00:27:56,304 Desk Sarge said you wanted to see me? 601 00:28:00,725 --> 00:28:02,294 Do you recognize me? 602 00:28:02,318 --> 00:28:03,862 No, sorry. You got a case number? 603 00:28:03,886 --> 00:28:05,898 You arrested me at a protest, 604 00:28:05,922 --> 00:28:07,633 put your knee on my chest. 605 00:28:08,458 --> 00:28:09,518 Sorry, kid. 606 00:28:09,542 --> 00:28:11,187 Can't talk to you about a pending case. 607 00:28:11,211 --> 00:28:13,122 Why did you do that to me? 608 00:28:13,613 --> 00:28:15,691 I didn't do anything wrong. 609 00:28:15,715 --> 00:28:16,992 I was the one calling you over 610 00:28:17,016 --> 00:28:18,494 because I saw a guy with a brick, 611 00:28:18,518 --> 00:28:19,744 and then you just... 612 00:28:20,720 --> 00:28:22,865 you just assumed. 613 00:28:22,889 --> 00:28:24,300 I don't know what you want me to say. 614 00:28:24,324 --> 00:28:26,657 How about you made a mistake? 615 00:28:28,127 --> 00:28:29,420 Hey. 616 00:28:30,897 --> 00:28:33,309 His name is Ronnie Baxter. 617 00:28:33,333 --> 00:28:34,610 He has two loving parents, 618 00:28:34,634 --> 00:28:36,545 a newborn son, and a woman he loves. 619 00:28:36,569 --> 00:28:39,976 He's also an Honors student with a 3.8 GPA, 620 00:28:40,001 --> 00:28:41,345 started college in September. 621 00:28:41,369 --> 00:28:44,148 That is who you beat up. That is who you arrested! 622 00:28:44,172 --> 00:28:46,104 Just so you understand. 623 00:28:47,141 --> 00:28:49,353 Come on, Ronnie, let's go. 624 00:28:53,770 --> 00:28:56,981 I went back 30 years, and as far as I can tell, 625 00:28:57,006 --> 00:28:58,717 Henry was right. 626 00:28:58,741 --> 00:29:01,916 No one has ever tried impaneling a new Grand Jury 627 00:29:01,941 --> 00:29:04,486 in a new borough in order to supersede an indictment 628 00:29:04,510 --> 00:29:05,887 after a Change of Venue was granted. 629 00:29:05,911 --> 00:29:09,057 Basically, the statute is silent and case law is nonexistent. 630 00:29:09,081 --> 00:29:10,025 So no precedent. 631 00:29:10,049 --> 00:29:11,259 But no prohibition. 632 00:29:11,283 --> 00:29:13,795 Well, how are we gonna explain why we submitted 633 00:29:13,819 --> 00:29:16,331 the lower charges in Staten Island? 634 00:29:16,609 --> 00:29:18,787 We held the tape to present as new evidence. 635 00:29:18,811 --> 00:29:20,022 But we had the tape before. 636 00:29:20,046 --> 00:29:22,424 You can't tell the judge otherwise. 637 00:29:22,740 --> 00:29:24,652 - I'll imply it. - That's really where we are? 638 00:29:24,676 --> 00:29:27,021 Either way, we have all these misconduct complaints 639 00:29:27,045 --> 00:29:28,348 against Lindsley. 640 00:29:28,373 --> 00:29:29,784 That'll sway the Grand Jury, 641 00:29:29,808 --> 00:29:31,385 but the judge will see them as prejudicial. 642 00:29:31,409 --> 00:29:33,020 The video alone is not enough. 643 00:29:33,044 --> 00:29:35,111 Not for murder two or manslaughter. 644 00:29:36,114 --> 00:29:38,059 We gotta dirty up the shooter. 645 00:29:38,083 --> 00:29:41,558 Aaron, if the Judge thinks you're playing fast and loose, 646 00:29:41,583 --> 00:29:43,461 she'll throw out the whole indictment. 647 00:29:43,485 --> 00:29:46,152 I'm not leaving any arrows in the quiver. 648 00:29:51,394 --> 00:29:53,605 You got something to say, say it, Counselor. 649 00:29:57,667 --> 00:30:00,812 Your connection to this family is clouding your judgment. 650 00:30:00,836 --> 00:30:01,947 Because I'm more motivated than... 651 00:30:01,971 --> 00:30:03,515 We're all motivated. 652 00:30:05,071 --> 00:30:07,783 But Marcel runs to you when you come through the door. 653 00:30:07,807 --> 00:30:10,252 And you're making promises to his mother you just can't keep. 654 00:30:10,276 --> 00:30:11,386 Like not forcing him to testify? 655 00:30:11,410 --> 00:30:14,056 That is something we could actually do, 656 00:30:14,459 --> 00:30:15,870 we should do, legally. 657 00:30:15,894 --> 00:30:18,973 But instead, to protect him, we're making backroom deals 658 00:30:18,997 --> 00:30:20,307 and hiding evidence, 659 00:30:20,331 --> 00:30:22,376 misleading judges? 660 00:30:22,759 --> 00:30:24,837 We're going farther and farther down a slippery slope, 661 00:30:24,861 --> 00:30:26,172 and I don't even want to think about 662 00:30:26,196 --> 00:30:27,907 what's at the bottom of it. 663 00:30:42,812 --> 00:30:44,579 We're gonna need you to buck up Sherwin. 664 00:30:53,063 --> 00:30:55,441 You're sure there's no other way? 665 00:30:55,465 --> 00:30:56,442 If there was, believe me, 666 00:30:56,466 --> 00:30:57,977 I would never put you through this. 667 00:30:58,001 --> 00:30:59,278 Now that we've got it moved to Queens, 668 00:30:59,302 --> 00:31:01,581 we have a chance to get the more serious charges. 669 00:31:01,605 --> 00:31:04,016 But you're the only one who can legally authenticate the video. 670 00:31:04,040 --> 00:31:06,219 And without that, we've got nothing. 671 00:31:06,511 --> 00:31:08,088 You're gonna be okay. 672 00:31:08,112 --> 00:31:10,557 But if I am not... If word gets out... 673 00:31:10,581 --> 00:31:12,359 Nobody knows you're here, Sherwin... 674 00:31:12,383 --> 00:31:14,228 Not the press, not the defense attorneys. 675 00:31:14,252 --> 00:31:15,762 Even the presiding judge in the case 676 00:31:15,786 --> 00:31:18,065 has no idea that any of us are here. 677 00:31:18,398 --> 00:31:20,976 That's the way grand juries work. 678 00:31:21,000 --> 00:31:22,444 You have my word. 679 00:31:26,039 --> 00:31:27,550 You ready? 680 00:31:27,574 --> 00:31:29,540 Yeah. 681 00:31:36,999 --> 00:31:38,510 What are you doing here? 682 00:31:38,534 --> 00:31:39,678 I know it's unusual, 683 00:31:39,702 --> 00:31:41,399 and my lawyer would probably kill me if he knew, 684 00:31:41,424 --> 00:31:44,370 but I... wanted to come and just say to you personally 685 00:31:44,394 --> 00:31:46,071 that I'm sorry for your loss. 686 00:31:46,095 --> 00:31:48,340 I'm truly, deeply sorry. 687 00:31:48,364 --> 00:31:49,608 How dare you? 688 00:31:49,929 --> 00:31:51,407 Now that you're barely facing any charges? 689 00:31:51,431 --> 00:31:52,408 What is this, some kind of stunt? 690 00:31:52,432 --> 00:31:53,609 No, I... I'm sorry. 691 00:31:53,633 --> 00:31:55,611 I didn't mean to make it worse or cause you any distress. 692 00:31:55,635 --> 00:31:59,314 I just... I... I wanted to... 693 00:31:59,338 --> 00:32:01,050 To what?! 694 00:32:01,440 --> 00:32:03,807 Make yourself feel better? 695 00:32:19,731 --> 00:32:20,775 Where's Safiya? 696 00:32:20,799 --> 00:32:21,943 She didn't think she needed to be here 697 00:32:21,967 --> 00:32:24,102 just to submit the new indictments. 698 00:32:24,127 --> 00:32:25,504 Yeah, and she's pissed. 699 00:32:25,528 --> 00:32:26,639 No, she's happy with the results. 700 00:32:26,663 --> 00:32:27,940 She's uncomfortable with the process. 701 00:32:27,964 --> 00:32:29,441 But you knew that. 702 00:32:32,035 --> 00:32:33,412 Holy... 703 00:32:33,436 --> 00:32:34,492 What? 704 00:32:34,516 --> 00:32:36,415 Veronica Marshall. 705 00:32:36,439 --> 00:32:37,816 Am I supposed to know who she is? 706 00:32:37,840 --> 00:32:38,951 She used to be the trial chief 707 00:32:38,975 --> 00:32:41,226 of the Brooklyn public defender's office. 708 00:32:41,251 --> 00:32:42,628 Did a stint with the ACLU. 709 00:32:42,652 --> 00:32:44,196 Now she's out on her own. 710 00:32:44,220 --> 00:32:46,761 She's one of the best, pal. 711 00:32:47,734 --> 00:32:50,213 From the ACLU to defending cops? 712 00:32:50,238 --> 00:32:52,049 The union's got a lot of cash. 713 00:32:52,074 --> 00:32:53,185 And why now? 714 00:32:53,209 --> 00:32:54,686 I'd say it's 'cause of the change of venue, 715 00:32:54,710 --> 00:32:57,289 but they've had plenty of time to react to that. 716 00:32:57,705 --> 00:32:59,115 Judging by the feverish whispering 717 00:32:59,139 --> 00:33:00,817 and the intense eyeballing, 718 00:33:00,841 --> 00:33:04,028 I'd say they just got wind of our new indictments. 719 00:33:05,179 --> 00:33:06,957 But they were sealed. 720 00:33:06,981 --> 00:33:08,592 Somebody leaked them. 721 00:33:08,616 --> 00:33:10,026 All rise. 722 00:33:10,050 --> 00:33:11,361 Court is now in session, 723 00:33:11,385 --> 00:33:13,577 Judge Patricia Howell presiding. 724 00:33:13,602 --> 00:33:16,814 Adding to the calendar Indictment S-96454, 725 00:33:16,838 --> 00:33:17,949 transferred to this court 726 00:33:17,973 --> 00:33:19,750 from the Supreme Court of Richmond County. 727 00:33:19,774 --> 00:33:21,986 Good afternoon, everyone, and welcome. 728 00:33:22,304 --> 00:33:24,816 Ms. Marshall, I didn't know you'd be appearing. 729 00:33:24,840 --> 00:33:26,885 On behalf of Mr. Lindsley, Your Honor, 730 00:33:26,909 --> 00:33:28,486 - from here on in. - Very well. 731 00:33:28,510 --> 00:33:31,055 I am in receipt of the papers from Staten Island 732 00:33:31,079 --> 00:33:32,257 and have familiarized myself 733 00:33:32,281 --> 00:33:33,324 with the case and the proceedings. 734 00:33:33,348 --> 00:33:36,394 Uh-uh. Sit down, Mr. Wallace. 735 00:33:36,702 --> 00:33:38,413 See, we have a hot case here. 736 00:33:38,437 --> 00:33:41,783 A case where the parties may be tempted to play to the gallery 737 00:33:41,807 --> 00:33:43,151 or the press or the public. 738 00:33:43,175 --> 00:33:45,020 But so long as I am presiding over this matter, 739 00:33:45,044 --> 00:33:47,389 which means forever, 740 00:33:47,413 --> 00:33:49,891 that will not happen. 741 00:33:50,299 --> 00:33:52,744 Do I make myself clear? 742 00:33:52,768 --> 00:33:53,712 - Yes, Your Honor. - Yes, Your Honor. 743 00:33:53,736 --> 00:33:57,071 Good. Mr. Wallace, you may begin. 744 00:34:02,334 --> 00:34:05,379 Before we proceed, the people would like to serve 745 00:34:05,403 --> 00:34:07,815 and file a superseding indictment, 746 00:34:07,839 --> 00:34:10,685 charging officers Lindsley and Matranga 747 00:34:10,709 --> 00:34:12,553 with Murder in the Second Degree 748 00:34:12,577 --> 00:34:14,288 and Manslaughter in the First Degree. 749 00:34:15,814 --> 00:34:17,853 - Objection! - Excuse me? 750 00:34:17,910 --> 00:34:19,387 In light of newly discovered evidence, 751 00:34:19,411 --> 00:34:21,322 the people convened a new Grand Jury. 752 00:34:21,627 --> 00:34:22,871 In Queens. 753 00:34:22,896 --> 00:34:25,241 Your Honor, surely you cannot countenance the prosecution 754 00:34:25,266 --> 00:34:26,610 leveraging a venue change 755 00:34:26,635 --> 00:34:28,547 to get a Grand Jury to their liking. 756 00:34:28,572 --> 00:34:30,216 It's a total over-reach. 757 00:34:30,241 --> 00:34:31,552 Mr. Wallace, Ms. Marshall, 758 00:34:31,577 --> 00:34:33,721 I will see you both in my chambers. 759 00:34:33,920 --> 00:34:35,653 Now, please. 760 00:34:38,325 --> 00:34:41,718 So you only found this video after the Change of Venue? 761 00:34:41,743 --> 00:34:43,821 It took us some time to procure authentication, Your Honor. 762 00:34:43,846 --> 00:34:45,757 I'd say that's suspect and convenient. 763 00:34:45,781 --> 00:34:47,359 And these civilian complaints? 764 00:34:47,383 --> 00:34:48,994 You didn't think they might be prejudicial? 765 00:34:49,018 --> 00:34:51,129 Using prior bad acts to poison a jury 766 00:34:51,153 --> 00:34:53,098 is not only reprehensible, 767 00:34:53,122 --> 00:34:55,400 but grounds for you to dismiss the entire indictment. 768 00:34:55,424 --> 00:34:57,836 There were two instances of Officer Lindsley 769 00:34:57,860 --> 00:35:00,355 claiming cellphone usage as an excuse 770 00:35:00,380 --> 00:35:02,758 to pull over and harass people of color. 771 00:35:02,782 --> 00:35:04,259 We believe that constituted a pattern. 772 00:35:04,283 --> 00:35:07,262 But again, you opted not to present those in Staten Island. 773 00:35:07,286 --> 00:35:09,498 We weren't confident about the credibility of the witnesses 774 00:35:09,522 --> 00:35:11,731 in these complaints until more recently. 775 00:35:11,756 --> 00:35:13,266 Things have been moving very fast, Your Honor. 776 00:35:13,290 --> 00:35:15,369 I've only been on this case for 10 minutes, 777 00:35:15,393 --> 00:35:16,970 but you're the special prosecutor 778 00:35:16,994 --> 00:35:19,873 and you're the one pushing the calendar, Mr. Wallace. 779 00:35:19,897 --> 00:35:21,341 I apologize. 780 00:35:21,365 --> 00:35:24,044 Obviously, I'm new to this. 781 00:35:24,068 --> 00:35:25,412 If I've made a mis-step... 782 00:35:25,436 --> 00:35:27,681 And now you actually want to hold these men without bail? 783 00:35:27,705 --> 00:35:29,717 I think that would send a proper message to the people that they... 784 00:35:29,741 --> 00:35:31,351 Am I hearing you suggest we should use bail 785 00:35:31,375 --> 00:35:33,622 to send a public message 786 00:35:33,647 --> 00:35:36,459 when you yourself were held without bail for over a year 787 00:35:36,484 --> 00:35:38,929 before a shred of evidence was ever presented against you 788 00:35:38,953 --> 00:35:39,964 in a courtroom? 789 00:35:39,988 --> 00:35:41,465 I wasn't accused of killing anybody. 790 00:35:41,489 --> 00:35:44,582 "Accused" is the operative word, Your Honor. 791 00:35:44,607 --> 00:35:46,552 As far as I know, presumption of innocence 792 00:35:46,577 --> 00:35:47,921 is still the law of the land, 793 00:35:47,945 --> 00:35:50,857 and it applies to police officers, too. 794 00:35:50,881 --> 00:35:52,792 So unless Mr. Wallace really thinks 795 00:35:52,816 --> 00:35:54,794 these men who have families 796 00:35:54,818 --> 00:35:56,429 are a flight risk, 797 00:35:56,453 --> 00:35:58,591 he's saying he wants to use bail 798 00:35:58,616 --> 00:36:01,261 not only as a way to send a message 799 00:36:01,285 --> 00:36:03,230 but as a form of punishment. 800 00:36:03,254 --> 00:36:06,233 Not exactly what I expect from a man with his r�sum�. 801 00:36:06,257 --> 00:36:08,435 Agreed. The officers will remain out 802 00:36:08,459 --> 00:36:10,104 - on their own recognizance. - Your Honor... 803 00:36:10,128 --> 00:36:11,371 And as for these new indictments, 804 00:36:11,395 --> 00:36:13,340 there's no way I'm gonna let a murder charge stand 805 00:36:13,364 --> 00:36:15,342 given your attempts to bias that Grand Jury 806 00:36:15,366 --> 00:36:17,044 with those officer complaints. 807 00:36:17,068 --> 00:36:18,912 Thank you, Your Honor. 808 00:36:18,936 --> 00:36:20,314 And the manslaughter? 809 00:36:20,338 --> 00:36:22,216 Don't get greedy, Ms. Marshall. 810 00:36:22,240 --> 00:36:24,518 Especially during your first few minutes on the case. 811 00:36:24,542 --> 00:36:26,620 - Understood, Your Honor. - Fine. 812 00:36:26,644 --> 00:36:28,078 Now, if you would give 813 00:36:28,102 --> 00:36:30,424 Mr. Wallace and me a moment, please? 814 00:36:30,690 --> 00:36:34,269 Uh, call it a brief respite for career counseling. 815 00:36:34,293 --> 00:36:37,439 No specifics of the case will be discussed without you. 816 00:36:37,929 --> 00:36:39,863 Thank you, Your Honor. 817 00:36:46,726 --> 00:36:49,305 I know a bit about Glen Maskins. 818 00:36:49,329 --> 00:36:53,008 Who he is, what he became. 819 00:36:53,032 --> 00:36:54,710 And I don't believe for one minute 820 00:36:54,734 --> 00:36:56,912 that where he ended up had anything to do 821 00:36:56,936 --> 00:36:59,915 with what he hoped to accomplish when he started. 822 00:36:59,939 --> 00:37:01,684 That happened over years. 823 00:37:01,708 --> 00:37:04,787 One rationalization, one justification, 824 00:37:04,811 --> 00:37:07,122 one cut corner at a time. 825 00:37:07,146 --> 00:37:11,393 Right now, you have all the power he did. 826 00:37:11,417 --> 00:37:13,736 I'd urge you to consider that carefully. 827 00:37:16,623 --> 00:37:20,636 Nothing else that even remotely smells like a stunt. 828 00:37:20,660 --> 00:37:22,026 Understood? 829 00:37:23,963 --> 00:37:27,643 If I were you, I'd walk out of here feeling lucky. 830 00:37:27,667 --> 00:37:29,645 And warned. 831 00:37:29,669 --> 00:37:31,102 Thank you, Your Honor. 832 00:37:33,469 --> 00:37:35,915 In a shocking turn, the two police officers 833 00:37:35,939 --> 00:37:38,961 previously charged only with criminally negligent homicide 834 00:37:38,986 --> 00:37:40,431 in the shooting of Andy Josiah 835 00:37:40,455 --> 00:37:42,733 now stand accused of a far more serious offense 836 00:37:42,757 --> 00:37:44,435 of manslaughter in the first degree. 837 00:37:44,459 --> 00:37:47,438 - Attorney Veronica Marshall... - That double-crossing son of a bitch. 838 00:37:47,462 --> 00:37:48,972 ...accused officer Edgar Lindsley, 839 00:37:48,996 --> 00:37:50,774 released the following statement. 840 00:37:50,798 --> 00:37:53,551 "Officers Lindsley and Matranga are good men 841 00:37:53,576 --> 00:37:55,421 and good cops who are being sacrificed 842 00:37:55,445 --> 00:37:57,723 on the altar of liberal extremism. 843 00:37:57,747 --> 00:37:59,291 The special prosecutor's office 844 00:37:59,315 --> 00:38:01,794 is trying to turn a tragedy into a crime 845 00:38:01,818 --> 00:38:03,562 to score political points." 846 00:38:03,586 --> 00:38:05,364 On the streets, reaction to the news 847 00:38:05,388 --> 00:38:07,466 has been decidedly mixed. 848 00:38:07,890 --> 00:38:09,334 Personally, I think Aaron Wallace 849 00:38:09,358 --> 00:38:11,736 only grew a backbone because of the community pressure. 850 00:38:11,760 --> 00:38:13,338 We gotta fight to get anything done, 851 00:38:13,362 --> 00:38:15,362 even when the do-ers look like us. 852 00:38:17,333 --> 00:38:18,543 We know. 853 00:38:18,567 --> 00:38:20,133 That's all that matters. 854 00:38:24,406 --> 00:38:25,951 Pour you one? 855 00:38:25,975 --> 00:38:27,832 It's against my probation. 856 00:38:27,862 --> 00:38:30,121 I heard the union changed lawyers. 857 00:38:30,621 --> 00:38:31,865 Yeah. 858 00:38:31,889 --> 00:38:33,500 I don't know what to make of her. 859 00:38:33,524 --> 00:38:37,171 She was a Princeton undergrad, then Law Review at Harvard. 860 00:38:37,195 --> 00:38:39,573 Anya went up against her for years. 861 00:38:39,922 --> 00:38:42,334 Said she's brilliant. 862 00:38:42,358 --> 00:38:44,058 And very principled. 863 00:38:46,729 --> 00:38:49,415 Seems like maybe we have a few things to talk about. 864 00:38:50,374 --> 00:38:51,610 You said you trusted me. 865 00:38:51,634 --> 00:38:53,578 You're my voice of reason. 866 00:38:54,103 --> 00:38:55,381 Especially when Henry's yelling at me 867 00:38:55,405 --> 00:38:56,816 to keep driving over the cliff. 868 00:38:56,840 --> 00:38:58,784 I'm flattered, but what good is my voice 869 00:38:58,808 --> 00:39:00,386 if you don't listen to it? 870 00:39:00,410 --> 00:39:01,954 I do. 871 00:39:01,978 --> 00:39:03,637 More than I've shown you. 872 00:39:05,614 --> 00:39:08,392 Henry said the judge handed you your hat. 873 00:39:08,416 --> 00:39:10,478 Yeah. Just a bit. 874 00:39:11,853 --> 00:39:13,998 And somebody's leaked the indictments. 875 00:39:14,248 --> 00:39:16,193 Even before they came up with the judge? 876 00:39:16,217 --> 00:39:18,662 You should warn Sherwin. Just in case. 877 00:39:19,041 --> 00:39:21,322 I'll go see him at the bodega. 878 00:39:22,656 --> 00:39:24,501 After my drink. 879 00:39:24,525 --> 00:39:26,636 I hope I didn't drive you to that. 880 00:39:26,869 --> 00:39:28,704 It was everything. 881 00:39:29,696 --> 00:39:31,530 But mostly the video. 882 00:39:34,001 --> 00:39:35,379 I watched it. 883 00:39:41,976 --> 00:39:44,388 Tomorrow morning? 884 00:39:44,862 --> 00:39:46,306 With bells on. 885 00:39:58,792 --> 00:40:00,003 Elaine? 886 00:40:00,027 --> 00:40:02,606 I heard about the new charges. 887 00:40:02,630 --> 00:40:03,773 Thank you. 888 00:40:03,797 --> 00:40:06,128 Look, I understand why you had your doubts. 889 00:40:07,134 --> 00:40:10,380 I will never stop thinking about you and Andy and Marcel 890 00:40:10,404 --> 00:40:12,382 and what this means for you. 891 00:40:12,406 --> 00:40:13,984 Do you mind if I ask you a question? 892 00:40:14,008 --> 00:40:15,485 Yeah. Of course. 893 00:40:15,809 --> 00:40:17,654 Is it like some people are saying? 894 00:40:17,678 --> 00:40:19,756 That you only did it because you were taking the heat? 895 00:40:19,780 --> 00:40:23,050 Or did you have this planned all along? 896 00:40:24,284 --> 00:40:26,387 I can't answer that question. 897 00:40:27,588 --> 00:40:29,265 By law. 898 00:40:30,824 --> 00:40:32,836 Then I owe you an apology. 899 00:40:32,860 --> 00:40:35,705 You should never apologize to me for anything. 900 00:40:36,146 --> 00:40:37,841 Ever. 901 00:40:38,217 --> 00:40:40,962 I wanted you to have this. 902 00:40:40,986 --> 00:40:43,198 It's some of our home videos. 903 00:40:43,222 --> 00:40:46,031 So you can always remember who Andy was. 904 00:40:46,592 --> 00:40:48,158 Thank you. 905 00:40:49,320 --> 00:40:51,098 Oh, and one other thing I thought you should know. 906 00:40:51,122 --> 00:40:53,267 That cop Matranga came by my house 907 00:40:53,291 --> 00:40:54,891 to apologize. 908 00:40:56,795 --> 00:40:58,973 Okay, uh... 909 00:40:58,997 --> 00:41:01,542 You remember his exact words? 910 00:41:01,566 --> 00:41:03,716 He said he was sorry for our loss. 911 00:41:05,943 --> 00:41:08,889 Anything about what he and his partner did specifically? 912 00:41:08,913 --> 00:41:11,658 No, just that he was sorry. 913 00:41:11,682 --> 00:41:14,127 And you think he was sincere? Like he felt bad? 914 00:41:14,151 --> 00:41:15,929 I think he meant it. 915 00:41:15,953 --> 00:41:17,731 Why does it matter? 916 00:41:17,755 --> 00:41:19,523 It means he's hiding something. 917 00:41:21,725 --> 00:41:23,319 Something big. 918 00:41:26,330 --> 00:41:28,742 I'm a lawyer. 919 00:41:28,766 --> 00:41:30,236 Sherwin, what happened? 920 00:41:30,261 --> 00:41:32,340 I don't know. They won't tell me anything! 921 00:41:32,364 --> 00:41:33,808 What are you charging this man with?! 922 00:41:33,832 --> 00:41:36,499 - Back up. - You said you were going to protect me!