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In the criminal justice system, the
people are represented by two separate

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yet equally important groups, the police
who investigate crime and the district

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attorneys who prosecute the offenders.

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These are their stories.

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I need to speak to Ray Biller. He ain't
here.

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You know where he is?

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No.

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When was the last time you saw him?

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What does that mean? It means I don't
know.

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You got his phone number?

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Yeah. Good.

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Because you're going to call him. You're
going to find out where the hell he is.

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What do you mean I'm going to call him?
Hey, just do it. Understand? Let's go.

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Come on.

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Nolan, it's Vince Riley.

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I need to talk to you right away. Call
me back.

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Theo, it's me.

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I'm headed to a bar at 8th and 12th.
Something's cooking, man. Call me back

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right away.

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Hey, Ray.

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NYPD, man. We got to talk.

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Hey, I'm talking to you.

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I know what you're up to, Ray.

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I know where you're going.

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On my TV.

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Vince?

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Hey.

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Hey, come on, man.

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Hey, come on, Vince.

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Hey, it's me.

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Hey, it's walking.

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It's walking. That's good.

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That's good. That's good. You got this,
man.

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10-13, police officer down.

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Potential suspect was seen running north
on 8th Avenue, heading towards 13th

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Street. Male, white, hey, come on, man.

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Average height, build, was wearing dark
clothes and white Nike sneakers.

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Vince, stay with me.

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Hey, come on.

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Hey, hey.

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Hey, we got this.

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You got to stay with me.

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You got to stay away from me, man.

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Because I'm begging you, brother.

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I'm begging you, man.

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Stay with me.

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How did this happen?

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Hey, Jess.

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Look, I got a message from Vince. He
said he was heading to a bar on 8th and

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12th. He said that he had something
cooking.

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What does that mean?

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I have no idea. So I got his voicemail
maybe two or three minutes later, and I

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rush over to this bar he's talking
about, right?

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I get there, jump out of my cab, and I
see some guy running like hell, and he's

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holding a gun.

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So I started to run after him.

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Then I hear some people yelling for
help.

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I turn around, I see all this commotion.

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And it's Vince, Jess.

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He's on the ground.

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Bleeding.

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Okay.

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Did you call his wife?

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I tried a few times.

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She's not answering.

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Come on, Vince. Come on, man.

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We're on the southeast corner of 8th and
15th. No sign of the suspect.

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What about that guy?

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Whoa, whoa, whoa.

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Wrong sneaks.

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Hey!

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Excuse me.

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Sir!

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What the hell?

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Sorry about that. Sorry.

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That's it?

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Come on, run.

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Damn it.

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Looks like this prick slipped through
containment.

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I'm sorry.

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What do you mean?

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We did everything we could, but... And?

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We couldn't save him.

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He, um, called to tell me he couldn't
meet me for dinner.

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Said he had to do some work.

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And I had a headache, so I went to bed
early.

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I just saw the missed calls.

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But, um... So he, um, he died at the
hospital?

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Yes.

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The doctors did everything they could.

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Theo was at the scene.

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He rushed him immediately to the
hospital. He knew you rode in the

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ambulance with him.

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I am so sorry, Tara.

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I tried to... Mom?

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Is everything okay?

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Where's Daddy?

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Okay, a couple of things.

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One, we need a formal statement from you
ASAP, and two, you are benched until

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further notice.

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What? Benched?

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Boss, some punk just killed Vince.

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There's no world possible that you can
be involved.

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You're his partner, Theo. Any evidence
you discover, any witness statement you

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take, it's going to be useless. The
defense is going to tear it apart.

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They're gonna say that you're vengeful.
They're gonna say that you're biased.

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They're gonna say that you weren't
thinking straight. I just need you to go

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back to the precinct, collect your
thoughts, stay the hell away from the

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case.

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All we know is that Vince called
Detective Walker and Nolan shortly

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before the shooting. I have listened to
his voicemail ten times. I still don't

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understand him.

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Nolan, it's Vince Riley.

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I need to talk to you right away. Call
me back.

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Well, whatever you need, Jess, we're
here for you. Yeah.

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I appreciate it.

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But let's make sure we do this the right
way.

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The right way, as opposed to what way? I
know how angry everybody is, and I

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understand the impulse to be aggressive.

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to do this fast, but it's a lot more
important to do it correctly.

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Okay? Okay.

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Lieutenant Brady.

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Yeah.

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Robert Calvino.

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Oh, hi.

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Hey. I'm glad you're here. Me too.

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Long story short, I need you to run a
point with me.

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Love it. What do we got so far?

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Well, Detective Riley's partner Theo
Walker arrived at the scene shortly

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after the shooting and saw a possible
suspect fleeing on foot.

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That's a start. Yeah, so why don't you
get a formal statement, then we'll go

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from there?

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Copy that. Great.

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Theo. Hey.

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Bobby Calvino.

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Nice to meet you.

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You mind? Please.

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My condolences.

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Thank you.

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I never met Vince, but everyone says he
was a great guy.

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He really was.

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According to Brady, you pulled up near
the bar on 8th and 12th. You saw a

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potential suspect fleeing on foot.

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He was running north.

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He was holding something in his hand
that looked like a gun, so I took

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notice. Looked like a gun or was a gun?

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It was a gun.

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It was a gun.

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He was holding a gun in his right hand.

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And can you describe what the man looked
like?

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White, average height, average build.

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Clothing? Black jacket, black pants. And
he was wearing white Nike sneakers.

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So let's talk about this voicemail.

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You got any idea what Vince was talking
about?

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No. It came out of the blue.

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Where were you when he called?

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Excuse me?

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Where were you?

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What does that have to do with anything?

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Theo, if you're at a bar, that's
something we want to know.

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Right, sorry.

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I was with a friend.

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We weren't drinking. We were just
hanging out.

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All right.

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I just wish I picked up when he called.

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I mean, I saw it was Vince, but I didn't
think anything of it. We were off the

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clock.

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And Vince didn't call a lot, so I...

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I really should have known that
something was up, that maybe you needed

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my help.

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No matter how you try to spend this, no
matter who you were screwing, no matter

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why I didn't pick up the damn phone, it
ain't on you.

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Full stop.

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Let's put together a tight timeline for
last night. Everything Vince did from 5

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p.m. when he was technically off the
clock until the time of the murder. Who

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did he call? Why did he leave the
messages for Walker and Price? Why did

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he cancel dinner with his wife?

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Et cetera.

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LT, I got something.

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His GPS puts him here for 15 minutes.
This is three hours before the murder.

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So was Vince known to be a ladies' man?

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Hello?

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Vince's wife is here. She wants to talk
to you.

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Last night, you asked if anything
unusual had been going on.

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And thank you.

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I started thinking about it, and Vince
had been withdrawing lots of cash for

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the past six months or so.

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$1,000 here, $2,000 there. It was
unusual.

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When I asked what it was for, he
wouldn't say.

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We got into a pretty big argument.

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Was Vince a gambler?

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Not that I know of.

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But he had that kind of personality.

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He was a drinker.

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Worked really hard to stay sober.

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There's no easy way to ask this, so I
just want to apologize.

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Is there any chance that Vince might
have been having an affair?

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I would find that hard to believe.

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But anything's possible, I suppose.

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Why do you ask?

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No reason.

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This is standard protocol.

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Did you find something that suggests he
was seeing someone else? No.

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It's just a standard question.

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But we really appreciate you coming down
here and sharing this information with

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us. It might be nothing, but... Vince
always said there's no such thing as

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meaningless information in a homicide
investigation, so... Well, if there's

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anything I can do to help, please just
ask.

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Feel for Riley's wife and the kids.

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Yeah.

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It's terrible.

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Not entirely sure why you asked her
about the affair.

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Because it's relevant.

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One more thing to think about. It's
awful no matter what. It'd be so much

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worse if he was cheating on her.

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00:14:09,170 --> 00:14:14,710
But, you know, Vince is a good guy. He's
a good cop, regardless of what he may

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have been doing with this woman.

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People do things, you know, it's just
what happens, but you just can't let it

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define them. Wait, hold on. You doing
this for me?

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What?

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Protecting Vince's reputation, because
to be honest with you, I don't care if

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you sleep with someone else.

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Doesn't matter.

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Not even a little bit.

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Why are you showing me this?

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Because the guy you're yelling at in the
video got shot three hours later.

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That's...

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Horrible.

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00:14:48,480 --> 00:14:51,420
But what does that have to do with me?
We just showed you the video.

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You were screaming at him.

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Mm-hmm.

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Listen, is there any chance it has
something to do with... Oh, you think

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that... No.

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No, this has nothing to do with him.

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Okay, why don't we start at the
beginning? How did you two meet each

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other? He killed my husband.

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Excuse me?

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Ran him over with his car.

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Drove right through a construction site.

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Yeah.

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I remember that. It was terrible.

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00:15:18,870 --> 00:15:21,970
But it happened a while ago. What were
you arguing about a few days ago?

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Because I told him to stop sending me
cash.

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He was giving you money?

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Because he felt guilty about what he
did. And that made you upset?

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It made me feel dirty.

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So I told him to stop.

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Okay. So after you two arguing about him
giving you money, which isn't something

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most people argue about, to be honest,
where'd you go?

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I went to my cousin's house.

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It was her birthday.

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We got any luck?

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00:15:51,800 --> 00:15:52,800
Yes, sir.

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Cousin confirms her story, and she sends
over a few photos, too.

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00:15:55,660 --> 00:15:57,060
Hey. Hey, man.

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00:15:57,720 --> 00:15:58,720
Oh, hey.

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00:15:58,920 --> 00:15:59,920
How's it going, man?

258
00:16:05,660 --> 00:16:06,660
Really?

259
00:16:06,840 --> 00:16:09,560
Hey, look, man, I'm just trying to work
here, okay? So if you want information,

260
00:16:09,720 --> 00:16:10,800
you go talk to Lieutenant Brady.

261
00:16:15,150 --> 00:16:16,290
Do we got a problem?

262
00:16:16,790 --> 00:16:19,250
Damn right we got a problem. I'm just
trying to do my job. And I'm just trying

263
00:16:19,250 --> 00:16:21,710
to help you do your job. Hey, what's
going on?

264
00:16:22,210 --> 00:16:24,430
Look, I'm just trying to help. You need
to go home.

265
00:16:25,190 --> 00:16:26,190
Now.

266
00:16:29,610 --> 00:16:30,810
I owe this to Vince.

267
00:16:32,590 --> 00:16:33,930
Lou? Yeah?

268
00:16:34,130 --> 00:16:35,130
I got something.

269
00:16:35,770 --> 00:16:39,370
I've been going through Vince's most
recent searches, and it appears he was

270
00:16:39,370 --> 00:16:41,390
really interested in a guy named Ray
Biller.

271
00:16:42,250 --> 00:16:46,390
And per his GPS, he parked his car two
blocks from Biller's apartment 40

272
00:16:46,390 --> 00:16:47,470
minutes before the murder.

273
00:16:52,910 --> 00:16:54,670
When was the last time you saw Ray
Biller?

274
00:16:54,990 --> 00:16:56,490
This morning around 9 a.m.

275
00:16:56,890 --> 00:17:00,130
Did you ever hear him mention someone by
the name of Vincent Riley?

276
00:17:00,710 --> 00:17:03,450
No, but we're not really friends. We
just live together.

277
00:17:03,750 --> 00:17:05,470
Why? Because he's dead.

278
00:17:05,930 --> 00:17:06,930
And he's a cop.

279
00:17:11,150 --> 00:17:13,750
This Riley guy, is he tall, thin?

280
00:17:15,829 --> 00:17:16,829
Yeah, that's him.

281
00:17:17,210 --> 00:17:18,210
What does that mean?

282
00:17:18,270 --> 00:17:20,810
He was here the other night. He was
looking for Ray. Had me call him.

283
00:17:21,010 --> 00:17:21,769
Did you?

284
00:17:21,770 --> 00:17:24,810
I didn't really have much of a choice.
This Riley guy is all business. So,

285
00:17:24,810 --> 00:17:26,069
yeah, I did what he asked.

286
00:17:26,290 --> 00:17:27,249
And Ray picked up?

287
00:17:27,250 --> 00:17:28,830
Yeah, he was at a bar having a few pops.

288
00:17:30,050 --> 00:17:31,690
He said he was about to do something
crazy.

289
00:17:35,890 --> 00:17:36,890
Ray Biller.

290
00:17:37,750 --> 00:17:42,250
No, I don't know anyone of that name,
but I definitely know a Wayne Biller. I

291
00:17:42,250 --> 00:17:43,850
tried him for murder three years ago.

292
00:17:44,550 --> 00:17:45,550
You think they're related?

293
00:17:52,610 --> 00:17:54,230
Oh. What is it?

294
00:17:55,210 --> 00:17:58,690
Wayne Biller was stabbed to death in
prison seven days ago.

295
00:17:59,330 --> 00:18:02,990
And he has one brother, Ray.

296
00:18:05,439 --> 00:18:09,120
Okay, so they're brothers, but what does
any of this have to do with Vince? Was

297
00:18:09,120 --> 00:18:10,120
he involved with the case?

298
00:18:10,180 --> 00:18:15,860
No. And yet he was clearly suspicious of
Ray Biller. Yeah, he canceled dinner

299
00:18:15,860 --> 00:18:19,580
plans with his wife, drove over to his
apartment, then he raced downtown to

300
00:18:19,580 --> 00:18:20,580
this bar he was at.

301
00:18:21,780 --> 00:18:24,660
Which is only two or three blocks from
my apartment.

302
00:18:28,920 --> 00:18:30,980
We're saying that Ray Biller might have
been looking for you.

303
00:18:31,420 --> 00:18:32,600
Somehow Vince got in the way.

304
00:18:34,640 --> 00:18:35,900
That is certainly possible.

305
00:18:46,280 --> 00:18:49,020
Do we hear from the people that manage
Price's apartment building?

306
00:18:49,500 --> 00:18:53,620
Yes. They are going to send over the
CCTV footage from five days prior to the

307
00:18:53,620 --> 00:18:56,700
murder. Okay, great. And did you confirm
that Billings' physical description

308
00:18:56,700 --> 00:18:58,320
matches what Walker told you?

309
00:18:58,600 --> 00:18:59,940
White, male, average height.

310
00:19:00,190 --> 00:19:03,730
There's a photo on Vince's phone. He
took it two days before the shooting. It

311
00:19:03,730 --> 00:19:06,330
meant nothing when I first saw it, but
now that we have a suspect.

312
00:19:08,170 --> 00:19:09,290
I just talked to the roommate.

313
00:19:09,750 --> 00:19:12,350
Biller used to work at a bar called
Flanagan's in the West Village.

314
00:19:12,830 --> 00:19:14,630
Flanagan's? Yes, sir. Yeah, I know
Flanagan's.

315
00:19:16,070 --> 00:19:18,730
He must have just seen him hanging
around the courthouse looking

316
00:19:18,730 --> 00:19:19,830
suspicious. Yeah.

317
00:19:21,270 --> 00:19:22,630
Yeah, hi, I'm looking for Ray Biller.

318
00:19:25,600 --> 00:19:28,480
Oh, actually, yes, that's why I'm
calling. See, I'm his cousin, I was

319
00:19:28,480 --> 00:19:31,480
driving down from Boston, and I can't
find the damn address anywhere. You

320
00:19:31,480 --> 00:19:32,480
think you could help me out?

321
00:19:37,040 --> 00:19:41,320
Those for whom we pour out our prayers
shall obtain pardon for their sins

322
00:19:41,320 --> 00:19:42,700
through your tender mercy.

323
00:19:42,960 --> 00:19:49,720
May they rejoice together, be blessed in
your sight, and... What the

324
00:19:49,720 --> 00:19:52,320
hell's going on? Get up. What the hell
are you doing? Get up!

325
00:19:53,470 --> 00:19:55,550
I ain't going to stay here. I ain't
doing anything.

326
00:19:56,090 --> 00:20:00,430
Ray Biller, you are under arrest for the
murder of Detective First Grade Vincent

327
00:20:00,430 --> 00:20:01,430
Riley. Let's go.

328
00:20:12,210 --> 00:20:16,730
How dare you walk into a church in the
middle of my brother's funeral?

329
00:20:18,060 --> 00:20:21,620
Hey, my parents were in that church
saying goodbye to their son. Their son

330
00:20:21,620 --> 00:20:25,140
that raped and killed a young girl. He
didn't do a damn thing. No? What? He was

331
00:20:25,140 --> 00:20:26,620
framed? Railroaded?

332
00:20:27,620 --> 00:20:30,940
That why you've been spending so much
time following Nolan Price around

333
00:20:30,940 --> 00:20:32,100
because your brother got a raw deal?

334
00:20:32,340 --> 00:20:36,320
My parents have a right to sit through
their son's funeral in peace. What you

335
00:20:36,320 --> 00:20:37,440
did is not acceptable.

336
00:20:37,660 --> 00:20:38,660
You know what's not acceptable?

337
00:20:39,500 --> 00:20:40,560
Shooting a cop.

338
00:20:40,880 --> 00:20:43,620
I don't know what you're talking about.
I ain't shoot nobody.

339
00:20:43,960 --> 00:20:46,980
Why you been spending so much time
around the courthouse these past few

340
00:20:46,980 --> 00:20:48,940
days? And the DA's office.

341
00:20:49,300 --> 00:20:51,260
And Nolan Price's apartment building.

342
00:20:52,260 --> 00:20:53,540
We know what happened.

343
00:20:53,780 --> 00:20:59,160
Yeah? Then why are we even here? Because
I'm giving you a chance to explain it.

344
00:21:00,600 --> 00:21:02,700
Okay. I'm good.

345
00:21:03,100 --> 00:21:04,100
But thanks.

346
00:21:06,100 --> 00:21:07,100
You're good.

347
00:21:10,880 --> 00:21:15,800
Look, losing your brother that way, sure
was very painful.

348
00:21:16,260 --> 00:21:20,530
I mean, you... wanted to kill Nolan
Price because he's the guy that's

349
00:21:20,530 --> 00:21:23,510
responsible for putting your brother in
jail. And if your brother wasn't in

350
00:21:23,510 --> 00:21:24,850
jail, he wouldn't have gotten stabbed.

351
00:21:25,410 --> 00:21:27,570
You wanted payback. I get it.

352
00:21:29,730 --> 00:21:34,030
But Vince Riley got in the way, and so
you shot him.

353
00:21:35,910 --> 00:21:38,430
And then you let him die on the street.

354
00:21:43,790 --> 00:21:44,930
You got nothing to say?

355
00:22:05,710 --> 00:22:12,070
Vince was my friend He had a wife and
two kids

356
00:22:12,070 --> 00:22:17,270
and you are going to pay for what you
did

357
00:22:17,270 --> 00:22:23,770
And if there's any justice in the world
You're gonna end up just like your

358
00:22:23,770 --> 00:22:28,390
brother lying dead in a pool of blood on
the concrete floor of some crappy state

359
00:22:28,390 --> 00:22:32,730
prison I want a lawyer. Yeah

360
00:22:34,760 --> 00:22:36,100
I think that's a really good idea.

361
00:22:40,620 --> 00:22:45,720
We have substantial GPS data and video
surveillance which suggests Biller was

362
00:22:45,720 --> 00:22:49,720
in proximity to the courthouse, the DA's
office, and Nolan's apartment in the

363
00:22:49,720 --> 00:22:52,440
days prior to the murder. So you're
confident your initial hunch as to

364
00:22:52,440 --> 00:22:53,379
motive was accurate?

365
00:22:53,380 --> 00:22:55,260
Yes. Did we recover the murder weapon?

366
00:22:55,660 --> 00:23:00,440
No. But, as I said, we do have evidence
that can prove he was following Nolan

367
00:23:00,440 --> 00:23:03,460
and that he was near the crime scene at
the time of the murder, and we also have

368
00:23:03,460 --> 00:23:04,460
Detective Walker.

369
00:23:04,560 --> 00:23:05,319
Meaning what?

370
00:23:05,320 --> 00:23:09,240
Walker arrived at the crime scene a few
minutes after the shooting, and he saw

371
00:23:09,240 --> 00:23:13,420
the suspect fleeing, and his description
of the suspect matches Biller in terms

372
00:23:13,420 --> 00:23:16,860
of height, build, skin color, and he
noticed that he was wearing a white pair

373
00:23:16,860 --> 00:23:19,740
of Nike sneakers, which we recovered
when we searched Biller's apartment

374
00:23:19,740 --> 00:23:20,740
building.

375
00:23:21,840 --> 00:23:22,840
Sounds good.

376
00:23:23,240 --> 00:23:24,940
Let's charge the bastard with murder
one.

377
00:23:28,860 --> 00:23:30,980
The people versus Ray Biller.

378
00:23:31,600 --> 00:23:35,400
Ms. Maroon. Your Honor, given the
severity of the charge and the potential

379
00:23:35,400 --> 00:23:39,960
sentence of a life without a possibility
of parole, people request remand. Mr.

380
00:23:40,100 --> 00:23:44,180
Lee. We request reasonable bail, Your
Honor. The evidence here is highly

381
00:23:44,180 --> 00:23:48,760
circumstantial. Moreover, the defendant
has deep ties to the city and is

382
00:23:48,760 --> 00:23:49,880
prepared to wear a monitoring device.

383
00:23:50,180 --> 00:23:52,540
The defendant is hereby remanded. Mr.

384
00:23:52,740 --> 00:23:56,520
Biller is entitled to a presumption of
innocence. As the Supreme Court held in

385
00:23:56,520 --> 00:24:00,040
Salerno, there is... I don't need a
history lesson, Mr. Lee. Your client is

386
00:24:00,040 --> 00:24:04,020
charged with killing a cop. That means
he is a flight risk and poses a

387
00:24:04,020 --> 00:24:05,800
legitimate threat to the general public.

388
00:24:06,000 --> 00:24:09,740
He is hereby remanded. Hey, you're a
punk, Biller. You hear me?

389
00:24:09,980 --> 00:24:12,740
You're nothing but a punk, and I'm going
to tell my friends on the inside all

390
00:24:12,740 --> 00:24:13,740
about you, yeah?

391
00:24:14,030 --> 00:24:15,430
I hope you're ready to have a little
fun.

392
00:24:17,550 --> 00:24:19,110
I feel for Riley's brother.

393
00:24:20,270 --> 00:24:21,330
I don't blame him.

394
00:24:22,830 --> 00:24:25,870
Given the facts in the case and the
likelihood that you'll be called to

395
00:24:25,870 --> 00:24:30,390
testify, you're going to need to sit
this one out. I assumed as much. Who is

396
00:24:30,390 --> 00:24:31,390
going to try the case?

397
00:24:31,990 --> 00:24:32,990
Me.

398
00:24:38,350 --> 00:24:40,130
On August 8th...

399
00:24:40,840 --> 00:24:44,740
The defendant's older brother was
stabbed and killed in the Greenhaven

400
00:24:44,740 --> 00:24:49,120
State Prison, where he was serving a
life sentence for the rape and murder of

401
00:24:49,120 --> 00:24:50,800
a young woman named Allison Whitney.

402
00:24:51,620 --> 00:24:56,820
Shortly thereafter, the defendant began
to follow the man who prosecuted that

403
00:24:56,820 --> 00:24:57,980
case, Nolan Price.

404
00:24:58,500 --> 00:25:02,080
We have substantial video evidence
showing the defendant outside the

405
00:25:02,080 --> 00:25:04,960
courthouse, the DA's office, and Mr.

406
00:25:05,160 --> 00:25:06,500
Price's personal residence.

407
00:25:07,180 --> 00:25:10,920
We also have text messages in that time
frame from the defendant to various

408
00:25:10,920 --> 00:25:15,580
family members blaming that evil
prosecutor for his brother's death.

409
00:25:16,660 --> 00:25:22,760
Detective Vincent Riley became aware of
the defendant's plan to exact revenge

410
00:25:22,760 --> 00:25:28,260
because he was one of the finest
detectives the New York Police

411
00:25:28,260 --> 00:25:29,920
Department has ever known.

412
00:25:30,440 --> 00:25:32,100
And he tried to intervene.

413
00:25:32,400 --> 00:25:36,360
He tried to stop the defendant from
executing his revenge.

414
00:25:37,020 --> 00:25:42,640
And in the process, the defendant shot
and killed Detective Riley.

415
00:25:45,860 --> 00:25:47,700
Vince Riley was a good man.

416
00:25:50,240 --> 00:25:53,060
He was a good husband.

417
00:25:54,080 --> 00:25:55,520
He was a good father.

418
00:25:57,180 --> 00:26:04,080
And unfortunately, we can't bring Vince
back

419
00:26:04,080 --> 00:26:05,080
to life.

420
00:26:06,060 --> 00:26:08,940
But we can get justice for him and his
family.

421
00:26:10,180 --> 00:26:11,640
And that's why we're here.

422
00:26:12,980 --> 00:26:15,340
And that is what we intend to do.

423
00:26:22,680 --> 00:26:27,120
D.I. Baxter just gave a wonderful and
impassioned opening argument.

424
00:26:28,000 --> 00:26:31,220
The only problem is, he's wrong.

425
00:26:32,700 --> 00:26:35,080
Ray Biller did not.

426
00:26:35,420 --> 00:26:36,420
kill Vincent Riley.

427
00:26:36,660 --> 00:26:39,280
He's never even met or seen Vincent
Riley.

428
00:26:39,800 --> 00:26:45,520
In short, the DA is trying the wrong
person for this murder.

429
00:26:45,980 --> 00:26:52,660
And the reason why he's doing this is
because Ray Biller had the audacity to

430
00:26:52,660 --> 00:26:57,300
open a wrongful conviction inquiry into
his brother's prior murder case.

431
00:26:57,880 --> 00:27:04,790
Ray Biller was about to expose the
rampant corruption in the DA's office.

432
00:27:06,590 --> 00:27:11,750
The DA's objective is not justice.

433
00:27:12,510 --> 00:27:19,410
It is to destroy Ray Biller so Ray
Biller can't destroy him.

434
00:27:24,890 --> 00:27:26,670
So, uh, what can I do for you?

435
00:27:26,970 --> 00:27:28,570
Well, you can tell me we're gonna win.

436
00:27:29,250 --> 00:27:30,250
Right?

437
00:27:30,590 --> 00:27:33,850
You tell me we're going to convict this
guy? I'm not directly involved in the

438
00:27:33,850 --> 00:27:38,970
case, but from what I hear, the evidence
is strong. The only negative is we don't

439
00:27:38,970 --> 00:27:39,970
have the murder weapon.

440
00:27:40,550 --> 00:27:41,550
What?

441
00:27:42,950 --> 00:27:47,450
It's a pretty big negative, no? It would
obviously be better if we had it, but

442
00:27:47,450 --> 00:27:49,450
like I said, the evidence is strong.

443
00:27:51,890 --> 00:27:56,530
Man, guys like Vince shouldn't die
young.

444
00:28:01,230 --> 00:28:02,230
He was a good man.

445
00:28:06,090 --> 00:28:07,170
I owe him a lot.

446
00:28:07,390 --> 00:28:08,390
Yeah, you're damn right you do.

447
00:28:11,710 --> 00:28:13,230
At least he went out like a hero, right?

448
00:28:14,570 --> 00:28:17,670
I mean, that's gotta count for
something, right?

449
00:28:22,690 --> 00:28:24,230
All right, so we're gonna win this
thing, right?

450
00:28:28,330 --> 00:28:29,490
I can't promise.

451
00:28:30,169 --> 00:28:35,050
but I can assure you we are doing
everything in our power to get justice

452
00:28:35,050 --> 00:28:36,050
for Vince.

453
00:28:36,070 --> 00:28:37,290
You're doing everything you can?

454
00:28:38,830 --> 00:28:39,850
Are you kidding me?

455
00:28:41,890 --> 00:28:43,030
You got no balls.

456
00:28:44,030 --> 00:28:45,030
You know that?

457
00:28:45,510 --> 00:28:49,590
Vince died trying to save your ass. You
can't even look me in the eye and tell

458
00:28:49,590 --> 00:28:50,590
me we're gonna win.

459
00:28:52,330 --> 00:28:53,330
It's not right, bro.

460
00:29:00,620 --> 00:29:04,960
The evidence against the defendant's
brother, Wayne Biller, was significant.

461
00:29:05,100 --> 00:29:08,900
It was clear to the police and to the
prosecutors and ultimately to the jury

462
00:29:08,900 --> 00:29:11,000
that he raped and killed Allison
Whitney.

463
00:29:11,200 --> 00:29:13,940
Can you give us a quick overview of this
significant evidence?

464
00:29:14,300 --> 00:29:18,540
His DNA was found on the victim's thigh
and under her fingernails.

465
00:29:18,780 --> 00:29:22,880
We also had eyewitness testimony from a
patrol officer who saw him near the

466
00:29:22,880 --> 00:29:25,600
abandoned warehouse where Miss Whitney's
body was found.

467
00:29:25,920 --> 00:29:27,480
You've tried a lot.

468
00:29:27,840 --> 00:29:30,860
of murder cases, how would you
characterize this one in terms of its

469
00:29:30,860 --> 00:29:34,520
complexity? I'd say this is one of the
more simple, straightforward cases I

470
00:29:34,520 --> 00:29:35,520
have ever tried.

471
00:29:35,680 --> 00:29:36,680
Nothing further.

472
00:29:38,440 --> 00:29:41,660
The case was simplistic and
straightforward because your key

473
00:29:41,660 --> 00:29:43,980
eyewitness was corrupt, correct?

474
00:29:44,300 --> 00:29:45,300
No, that's not true.

475
00:29:45,860 --> 00:29:49,360
Isn't it true that in Officer Mill's
initial statement, he said he didn't see

476
00:29:49,360 --> 00:29:53,800
Wayne Biller's face, and then a few
weeks later, he picked Wayne Biller out

477
00:29:53,800 --> 00:29:54,800
of a photo array?

478
00:29:55,280 --> 00:29:59,420
Yes, but that doesn't mean he was lying.
He saw the photo and it jogged his

479
00:29:59,420 --> 00:30:00,900
memory. This is quite typical.

480
00:30:01,600 --> 00:30:04,340
There's a difference between memory and
recall.

481
00:30:04,600 --> 00:30:08,840
It's much easier to recognize someone
that you've seen than describe what you

482
00:30:08,840 --> 00:30:10,840
may have seen. It's a known scientific
fact.

483
00:30:11,120 --> 00:30:14,480
Known by corrupt cops and prosecutors,
no doubt.

484
00:30:14,840 --> 00:30:16,360
Objection. Sustained.

485
00:30:19,300 --> 00:30:20,300
Nothing further.

486
00:30:24,250 --> 00:30:30,150
Detective Calvino, did you execute a
search warrant on the defendant's

487
00:30:30,150 --> 00:30:31,109
residence?

488
00:30:31,110 --> 00:30:33,770
Yes. And what evidence did you recover?

489
00:30:34,030 --> 00:30:38,150
We recovered a black jacket and a pair
of black jeans in his closet. We also

490
00:30:38,150 --> 00:30:42,430
recovered a pair of white Nike sneakers,
size 11, in the dumpster inside the

491
00:30:42,430 --> 00:30:46,190
apartment building. And did you find any
other shoes in the defendant's closet?

492
00:30:46,530 --> 00:30:48,410
Yes, we did. What size were they?

493
00:30:48,630 --> 00:30:49,630
Size 11.

494
00:30:50,590 --> 00:30:51,590
Nothing further.

495
00:30:57,800 --> 00:31:01,740
You found a black jacket and a pair of
black jeans in his apartment.

496
00:31:02,280 --> 00:31:05,320
That's correct. There was no blood on
any of these articles of clothing,

497
00:31:05,420 --> 00:31:06,620
correct? No.

498
00:31:06,840 --> 00:31:10,700
And the Nike sneakers that you found in
the community dumpster, there was no

499
00:31:10,700 --> 00:31:12,700
blood on those either, correct?

500
00:31:12,980 --> 00:31:13,980
That's correct.

501
00:31:16,980 --> 00:31:23,720
So let's talk about the evidence you
didn't recover. Like the gun used

502
00:31:23,720 --> 00:31:25,660
to kill Detective Riley.

503
00:31:26,110 --> 00:31:28,890
The police never found the weapon,
correct?

504
00:31:29,810 --> 00:31:33,830
Yeah. And Mr. Biller doesn't own any
firearms, correct?

505
00:31:34,330 --> 00:31:36,130
I have no idea how many he owns.

506
00:31:36,370 --> 00:31:41,230
They're not registered in his name,
correct? Yes, but we all know that

507
00:31:41,230 --> 00:31:44,830
people can buy guns. So what you're
actually saying, Detective, is that you

508
00:31:44,830 --> 00:31:48,470
can't prove that Mr. Biller was the
shooter.

509
00:31:50,650 --> 00:31:54,770
No, I'm saying we didn't find the gun.
I'm not saying we can't prove it. But

510
00:31:54,770 --> 00:31:55,770
you don't have a gun.

511
00:31:56,040 --> 00:31:59,680
And we all know it's impossible to tie a
specific round of ammunition without the

512
00:31:59,680 --> 00:32:04,260
actual weapon used to fire that
ammunition. So I say again, it is

513
00:32:04,260 --> 00:32:08,740
impossible to prove that Mr. Biller was
the shooter.

514
00:32:09,660 --> 00:32:12,040
Correct? There's other ways to prove it.

515
00:32:12,240 --> 00:32:15,040
Your Honor, please direct the witness to
answer the question.

516
00:32:15,380 --> 00:32:16,600
Yes or no, Detective?

517
00:32:19,160 --> 00:32:23,060
We can prove that he's guilty, but I
suppose we cannot prove that he's the

518
00:32:23,060 --> 00:32:29,540
shooter. If you can't prove that he's a
shooter, then how on earth

519
00:32:29,540 --> 00:32:31,700
can he prove that he's guilty?

520
00:32:37,840 --> 00:32:38,840
Nothing further.

521
00:32:47,720 --> 00:32:48,720
Hey.

522
00:32:49,080 --> 00:32:51,120
Hey, Detective Walker. How you doing,
man? Sir.

523
00:32:51,720 --> 00:32:54,740
Hey, drinks around me, all right? No,
I'm under the tab. You sure?

524
00:32:55,100 --> 00:32:56,039
Mm-hmm.

525
00:32:56,040 --> 00:32:57,360
Jack on the rocks for me, please.

526
00:32:58,800 --> 00:32:59,800
You good?

527
00:33:02,200 --> 00:33:03,580
Can I be honest with you, man?

528
00:33:05,500 --> 00:33:07,020
I'm worried, you know?

529
00:33:07,800 --> 00:33:12,280
I mean, this Craig defense attorney's
actually doing a good job.

530
00:33:13,060 --> 00:33:15,060
I haven't been able to watch since I'm a
witness.

531
00:33:16,000 --> 00:33:17,980
From what I hear, it sounds like we're
doing okay.

532
00:33:18,500 --> 00:33:19,500
I don't know, man.

533
00:33:24,400 --> 00:33:29,040
If he gets off, I'm worried I might kill
this guy.

534
00:33:31,360 --> 00:33:32,360
You've been drinking.

535
00:33:32,640 --> 00:33:33,640
Oh, man, I'm serious.

536
00:33:35,140 --> 00:33:37,480
I know what I'm capable of. I know who I
am.

537
00:33:38,900 --> 00:33:45,840
If this son of a bitch walks out of this
courtroom a free man... Hopefully we

538
00:33:45,840 --> 00:33:46,840
never get there.

539
00:33:47,020 --> 00:33:48,600
Hopefully ain't good enough, man.

540
00:33:48,880 --> 00:33:49,880
I get it.

541
00:33:50,180 --> 00:33:51,180
All right?

542
00:33:52,620 --> 00:33:58,020
Sometimes hopefully is all there is. All
right, so you said before that you saw a

543
00:33:58,020 --> 00:33:59,140
shooter leave the scene, right?

544
00:34:01,760 --> 00:34:03,160
But you didn't see his face.

545
00:34:08,520 --> 00:34:09,659
Is that still the case?

546
00:34:18,100 --> 00:34:19,760
I'm not sure what you're asking.

547
00:34:24,679 --> 00:34:26,040
You need to step up, Theo.

548
00:34:27,980 --> 00:34:29,300
Not for me, for Vince.

549
00:34:30,820 --> 00:34:31,820
For his wife.

550
00:34:34,380 --> 00:34:35,540
For his little kids.

551
00:34:38,900 --> 00:34:39,900
They need this.

552
00:34:46,280 --> 00:34:48,520
Hey, Theo. Hey. Thanks for coming down.

553
00:34:50,120 --> 00:34:53,020
Just wanted to go over your statement,
do a little prep.

554
00:34:53,360 --> 00:34:54,360
Right.

555
00:34:58,820 --> 00:34:59,820
Okay.

556
00:35:00,280 --> 00:35:04,880
Could you tell the jury where you were
on the night of August 12th around 9.45?

557
00:35:05,320 --> 00:35:07,120
It was on the corner of 8th and 12th.

558
00:35:07,340 --> 00:35:08,340
Why were you there?

559
00:35:08,740 --> 00:35:12,080
A partner, Vince Riley, left me a
voicemail, told me the medium there said

560
00:35:12,080 --> 00:35:12,839
it was important.

561
00:35:12,840 --> 00:35:15,960
And when you exited the vehicle, what
was the first thing you saw?

562
00:35:16,240 --> 00:35:17,660
A man running north of Pate Avenue.

563
00:35:18,140 --> 00:35:20,800
Can you describe what he looked like,
what he was holding?

564
00:35:21,140 --> 00:35:21,959
He was white.

565
00:35:21,960 --> 00:35:25,960
Average height, average build, dark
hair, and he's holding a gun in his

566
00:35:25,960 --> 00:35:26,698
right hand.

567
00:35:26,700 --> 00:35:27,700
Did you see his face?

568
00:35:28,520 --> 00:35:29,520
Yes.

569
00:35:31,920 --> 00:35:35,100
Wait, you're saying that you saw
Biller's face?

570
00:35:36,340 --> 00:35:37,340
Yes.

571
00:35:37,840 --> 00:35:38,840
Okay, since when?

572
00:35:39,920 --> 00:35:43,180
Excuse me? In your statement, you said
you didn't get a good look at the

573
00:35:43,180 --> 00:35:44,158
suspect's face.

574
00:35:44,160 --> 00:35:45,158
Right, yeah.

575
00:35:45,160 --> 00:35:47,460
I didn't get a good look, but I got a
look.

576
00:35:48,170 --> 00:35:51,370
When they arrested Biller, it was clear
that he was the man I saw running away

577
00:35:51,370 --> 00:35:54,610
from the scene, holding a gun in his
right hand.

578
00:36:03,250 --> 00:36:05,170
Theo, I understand what you're doing.

579
00:36:05,990 --> 00:36:07,490
And I get it, I do.

580
00:36:07,890 --> 00:36:11,750
But lying on the stand is...

581
00:36:11,750 --> 00:36:17,210
It is something that will sit with you
for the rest of your life.

582
00:36:25,960 --> 00:36:27,200
But having that man walk free?

583
00:36:29,220 --> 00:36:30,560
That would be even worse.

584
00:36:33,200 --> 00:36:36,260
But luckily, I'm not lying.

585
00:36:38,060 --> 00:36:39,340
I know what I saw.

586
00:36:43,280 --> 00:36:44,560
You don't buy his story?

587
00:36:44,800 --> 00:36:46,960
No. I'm not sure that really matters.

588
00:36:47,840 --> 00:36:48,840
I'm sorry.

589
00:36:49,160 --> 00:36:53,020
If Walker is willing to testify that he
saw Ray Biller fleeing the scene, that

590
00:36:53,020 --> 00:36:55,500
he now remembers seeing his face... He's
lying.

591
00:36:56,280 --> 00:36:57,320
Can you prove it?

592
00:36:57,580 --> 00:37:01,880
No. But in his original statement, he
said that he didn't get a good look at

593
00:37:01,880 --> 00:37:05,120
the suspect's face. And Biller's defense
lawyer is going to make that abundantly

594
00:37:05,120 --> 00:37:06,120
clear to the jury.

595
00:37:06,140 --> 00:37:07,140
But Walker's a cop.

596
00:37:07,420 --> 00:37:09,880
He's good at this. They are going to
believe his story.

597
00:37:10,120 --> 00:37:14,220
If it's actually a story, there is a big
difference between describing someone's

598
00:37:14,220 --> 00:37:17,700
face in the moment... and recalling
someone's face down the road with a

599
00:37:17,700 --> 00:37:21,620
visual reference. You just said the
exact same thing on the stand. Yeah, I

600
00:37:21,620 --> 00:37:24,100
know, but that is not what is happening
here. In your opinion.

601
00:37:24,700 --> 00:37:27,060
I appreciate your principles, I really
do.

602
00:37:27,560 --> 00:37:32,080
I mean, Vin saved your damn life. No,
no, no, no, no. There is nothing that I

603
00:37:32,080 --> 00:37:33,800
want more than to convict Ray Biller.

604
00:37:34,260 --> 00:37:35,820
But I want to do it the right way.

605
00:37:38,400 --> 00:37:41,000
I am putting Walker on the stand. End of
story.

606
00:37:41,710 --> 00:37:44,890
And he is going to put the final nail
into Ray Biller's coffin.

607
00:37:50,690 --> 00:37:52,550
Has the jury reached a verdict?

608
00:37:53,110 --> 00:37:54,110
We have, Your Honor.

609
00:37:55,910 --> 00:37:57,290
How does the jury find?

610
00:37:58,990 --> 00:38:03,450
On the charge of murder in the first
degree, we the jury find the defendant

611
00:38:03,450 --> 00:38:05,750
guilty.

612
00:38:08,680 --> 00:38:11,580
Members of the jury we thank you for
your service.

613
00:38:12,200 --> 00:38:13,700
We are adjourned.

614
00:38:39,530 --> 00:38:41,470
So Vince is no longer with us.

615
00:38:41,830 --> 00:38:48,810
His courage, his humor, and his inherent
sense of

616
00:38:48,810 --> 00:38:54,590
decency will live on through all of us,
especially his two beautiful children,

617
00:38:54,970 --> 00:38:56,570
Bridget and Spencer.

618
00:38:58,030 --> 00:39:03,890
In many ways, it's fitting that Vince
died trying to help someone else, in

619
00:39:03,890 --> 00:39:07,670
this case, someone he wasn't even
particularly fond of.

620
00:39:09,300 --> 00:39:15,560
But Vince didn't pick and choose when to
be a hero or

621
00:39:15,560 --> 00:39:21,960
when to do the right thing. That's just
who he was and how he was.

622
00:39:22,420 --> 00:39:29,360
So, in my humble opinion, there's never
been someone more

623
00:39:29,360 --> 00:39:36,040
deserving to have his name and legacy
memorialized here at the NYPD Wall of

624
00:39:36,040 --> 00:39:37,040
Honor.

