1
00:00:05,405 --> 00:00:05,506
.

2
00:00:05,689 --> 00:00:07,374
<i>- In the criminal justice</i>
<i>system,</i>

3
00:00:07,441 --> 00:00:08,809
<i>the people are represented</i>

4
00:00:08,842 --> 00:00:11,236
<i>by two separate,</i>
<i>yet equally important groups:</i>

5
00:00:11,303 --> 00:00:13,071
<i>the police,</i>
<i>who investigate crime,</i>

6
00:00:13,171 --> 00:00:15,974
<i>and the district attorneys,</i>
<i>who prosecute the offenders.</i>

7
00:00:16,008 --> 00:00:17,885
<i>These are their stories.</i>

8
00:00:18,552 --> 00:00:19,486
- Whose house?
all: Our house!

9
00:00:19,553 --> 00:00:20,621
- Whose house?
all: Our house!

10
00:00:20,721 --> 00:00:21,980
- Whose house?
all: Our house!

11
00:00:22,014 --> 00:00:22,890
- Whose house?
all: Our house!

12
00:00:22,990 --> 00:00:24,124
- Whose house?
- Our house!

13
00:00:24,191 --> 00:00:25,751
- You were eating tonight, bro.

14
00:00:25,851 --> 00:00:27,477
[all cheering]

15
00:00:27,511 --> 00:00:28,795
That paint belongs to you!

16
00:00:28,862 --> 00:00:30,030
- What the hell are you
doing out there?

17
00:00:30,097 --> 00:00:31,198
- Come on, Coach!

18
00:00:31,265 --> 00:00:32,649
- You will not show
disrespect like that!

19
00:00:32,683 --> 00:00:34,868
No! No! Not here!

20
00:00:34,968 --> 00:00:36,828
I should rip your head off!

21
00:00:40,107 --> 00:00:43,043
<i>[tense music]</i>

22
00:00:43,143 --> 00:00:50,175
<i>♪ ♪</i>

23
00:00:56,924 --> 00:00:59,142
- Man, you OK?
- Man, shut up.

24
00:01:02,379 --> 00:01:05,098
<i>[dramatic music]</i>

25
00:01:05,198 --> 00:01:07,526
- Student ID was in his pocket
with some cash.

26
00:01:07,559 --> 00:01:08,835
His name is Miles Booker.

27
00:01:08,902 --> 00:01:10,971
20 years old, went to Piermont.

28
00:01:11,071 --> 00:01:12,673
One GSW to the heart.

29
00:01:12,773 --> 00:01:14,608
Call came in at 9:38 p.m.

30
00:01:14,675 --> 00:01:17,444
- OK, got one casing, 9 mil.

31
00:01:17,511 --> 00:01:18,679
- Knuckles are bruised--
right hand.

32
00:01:18,745 --> 00:01:20,013
- Who called this in?

33
00:01:20,113 --> 00:01:21,306
[siren chirping]

34
00:01:21,406 --> 00:01:22,616
- That lady over there.

35
00:01:22,716 --> 00:01:24,209
She works at that
check-cashing store.

36
00:01:24,242 --> 00:01:25,978
Only place on the block
open this late.

37
00:01:26,078 --> 00:01:27,921
- All right. Thank you.

38
00:01:30,649 --> 00:01:32,059
- I heard two guys arguing.

39
00:01:32,092 --> 00:01:33,393
Poked my head out,
see what's going on.

40
00:01:33,460 --> 00:01:35,821
I saw this guy and, um...

41
00:01:35,887 --> 00:01:36,822
a white guy.

42
00:01:36,922 --> 00:01:38,824
- Young? Old?

43
00:01:38,890 --> 00:01:40,300
- Couldn't see his face.

44
00:01:40,400 --> 00:01:41,868
30, maybe?

45
00:01:41,969 --> 00:01:43,036
They squared up.

46
00:01:43,103 --> 00:01:44,171
Chest to chest, sort of.

47
00:01:44,271 --> 00:01:45,672
Jawing at each other.

48
00:01:45,772 --> 00:01:47,074
- What were they saying?

49
00:01:47,107 --> 00:01:49,276
- One of them called
the other a chump.

50
00:01:49,343 --> 00:01:50,377
[scoffs]

51
00:01:50,410 --> 00:01:51,395
Haven't heard that word
in a while.

52
00:01:51,428 --> 00:01:53,238
What is it, 1978?

53
00:01:53,271 --> 00:01:55,674
Other than that,
I couldn't make out words.

54
00:01:55,774 --> 00:01:59,286
Then this dude punched
the white dude in the face.

55
00:01:59,353 --> 00:02:01,513
Bam--white dude went down.

56
00:02:01,580 --> 00:02:03,949
White dude pulls a piece,
shoots this guy,

57
00:02:04,016 --> 00:02:05,425
gets up, runs off.

58
00:02:05,459 --> 00:02:07,185
- Could you make out
any distinguishing features?

59
00:02:07,285 --> 00:02:08,929
Any little thing helps.

60
00:02:08,962 --> 00:02:11,131
- No, not in the dark.

61
00:02:11,198 --> 00:02:12,399
Oh, wait, no, no.

62
00:02:12,432 --> 00:02:16,169
He was wearing a backpack
with, like, um--like,

63
00:02:16,236 --> 00:02:17,963
like, shiny reflective
stuff on it

64
00:02:18,030 --> 00:02:19,139
in the shape of a triangle.

65
00:02:19,206 --> 00:02:21,633
I saw it in the streetlight
when he ran off.

66
00:02:21,700 --> 00:02:23,577
Once he was gone, I ran out.

67
00:02:23,710 --> 00:02:25,871
This guy was already dead.

68
00:02:25,971 --> 00:02:27,648
- Two guys get
into a fistfight.

69
00:02:27,714 --> 00:02:31,018
One guy is losing, decides
fists aren't gonna cut it,

70
00:02:31,084 --> 00:02:33,654
takes it to the next level.

71
00:02:33,720 --> 00:02:36,823
- If you can't beat 'em,
shoot 'em.

72
00:02:36,890 --> 00:02:38,458
<i>[tense music]</i>

73
00:02:38,492 --> 00:02:40,986
- Yeah, no, I don't think
that's the way it goes.

74
00:02:41,053 --> 00:02:43,096
<i>♪ ♪</i>

75
00:02:43,230 --> 00:02:46,366
<i>[dramatic music]</i>

76
00:02:46,433 --> 00:02:53,507
<i>♪ ♪</i>

77
00:03:29,276 --> 00:03:31,745
- Unfortunately, our canvass
for cameras was a bust.

78
00:03:31,812 --> 00:03:33,663
The CCTV at that
check-cashing store

79
00:03:33,697 --> 00:03:34,981
has been down for a month.

80
00:03:35,015 --> 00:03:36,374
Thank you.

81
00:03:36,441 --> 00:03:38,485
The camera down the block
picked up the two men arguing

82
00:03:38,518 --> 00:03:41,988
right before the shooting,
but super grainy and far away.

83
00:03:42,122 --> 00:03:43,849
- I'm assuming
facial rec is a non-starter?

84
00:03:43,882 --> 00:03:45,926
- And it ends before
things got violent.

85
00:03:45,992 --> 00:03:49,020
It's more than nothing
but less than something.

86
00:03:49,054 --> 00:03:51,665
- I talked to Miles Booker's
parents on the phone.

87
00:03:51,698 --> 00:03:53,683
They're on their way up from
Baltimore, where he grew up.

88
00:03:53,717 --> 00:03:55,736
- They said if he had anything
weird going on lately?

89
00:03:55,802 --> 00:03:56,903
Problems?
- No, nothing.

90
00:03:57,003 --> 00:03:58,338
They said he wasn't just
a student at Piermont.

91
00:03:58,371 --> 00:03:59,840
He was on the basketball team.

92
00:03:59,906 --> 00:04:01,374
And they had a game
against Fenwick last night.

93
00:04:01,441 --> 00:04:02,442
- Uh-huh. Huge rivalry.

94
00:04:02,509 --> 00:04:03,944
- Uh-huh.

95
00:04:04,010 --> 00:04:06,471
- Well, Piermont won big
last night,

96
00:04:06,538 --> 00:04:08,807
and the game ended at 8:53 p.m.

97
00:04:08,907 --> 00:04:10,951
- Miles was dead
45 minutes later,

98
00:04:11,051 --> 00:04:12,552
a quarter mile from the arena.

99
00:04:12,619 --> 00:04:14,521
- I can get access
to the arena footage.

100
00:04:14,554 --> 00:04:16,957
There's gonna be a ton of it,
so it might take a minute.

101
00:04:17,057 --> 00:04:19,593
- Meantime, that arena sound
like a good place to start?

102
00:04:21,578 --> 00:04:25,031
- I liked Miles, but we had
a tough relationship too.

103
00:04:25,065 --> 00:04:26,925
- How so? How tough?

104
00:04:26,992 --> 00:04:29,186
- Well, not that tough,
if that's what you're asking.

105
00:04:30,595 --> 00:04:33,874
Miles was a star
in high school.

106
00:04:33,940 --> 00:04:35,575
But this is a big-time program.

107
00:04:35,642 --> 00:04:38,478
I mean, all these kids were
stars in high school.

108
00:04:38,545 --> 00:04:40,714
Here, Miles is a bench guy,

109
00:04:40,847 --> 00:04:42,883
but he did not agree
with that assessment.

110
00:04:42,916 --> 00:04:44,518
- He wanted more playing time.

111
00:04:44,584 --> 00:04:45,886
- He was frustrated.

112
00:04:45,952 --> 00:04:48,013
Sometimes he lashed out.

113
00:04:48,113 --> 00:04:49,222
I mean, bonehead stuff.

114
00:04:49,289 --> 00:04:50,891
- What kind of stuff?

115
00:04:50,924 --> 00:04:53,794
- Well, last night,
game's a blowout.

116
00:04:53,860 --> 00:04:56,663
Next thing I know,
one second left,

117
00:04:56,730 --> 00:04:58,899
he throws up a three
and makes it.

118
00:04:58,932 --> 00:05:00,400
- Can't imagine
the Fenwick players

119
00:05:00,534 --> 00:05:01,735
thought that was too cool.

120
00:05:01,768 --> 00:05:03,403
- Yeah, well, I didn't either.

121
00:05:03,436 --> 00:05:05,772
So players get into it
in the tunnel.

122
00:05:05,806 --> 00:05:08,867
Miles takes some punches,
gets a few back.

123
00:05:08,967 --> 00:05:10,577
I broke it up.
- Right.

124
00:05:10,710 --> 00:05:12,637
- Think that other kid went
and got a gun,

125
00:05:12,704 --> 00:05:14,314
came back to finish
what he started?

126
00:05:15,882 --> 00:05:18,443
- He did say,
"This ain't over."

127
00:05:21,638 --> 00:05:22,906
<i>- Nick Snyder.</i>

128
00:05:24,975 --> 00:05:26,484
NYPD.

129
00:05:26,551 --> 00:05:28,662
Detective Walker,
Detective Calvino.

130
00:05:28,728 --> 00:05:30,931
We want to talk to you
about Miles Booker.

131
00:05:30,997 --> 00:05:32,782
- Yeah, I heard about it
on the socials.

132
00:05:32,816 --> 00:05:33,733
Sucks.

133
00:05:33,834 --> 00:05:35,435
- Yeah, we heard
about the fight.

134
00:05:35,535 --> 00:05:37,437
- I did what I had to do.

135
00:05:37,504 --> 00:05:39,306
- You got a gun, Nick?

136
00:05:39,372 --> 00:05:40,607
- Whoa, whoa, whoa, whoa.

137
00:05:40,640 --> 00:05:42,509
You don't think I had
anything to do with that?

138
00:05:42,576 --> 00:05:45,178
- Yeah, we just connect dots.
That's all.

139
00:05:46,238 --> 00:05:47,639
- [sighs]

140
00:05:49,666 --> 00:05:51,117
Look.

141
00:05:51,184 --> 00:05:53,854
Yeah, maybe I was pissed
after the game.

142
00:05:53,920 --> 00:05:56,122
But if you thought I was
pissed about that stupid shot,

143
00:05:56,156 --> 00:05:58,024
just check out what
they're saying on WiWager.

144
00:05:58,091 --> 00:05:59,593
- What's WiWager?

145
00:05:59,693 --> 00:06:01,027
- The prediction market?

146
00:06:04,923 --> 00:06:06,600
- Nick Snyder's alibi
checks out.

147
00:06:06,666 --> 00:06:08,335
- He was right about WiWager.

148
00:06:08,368 --> 00:06:10,637
- So the betting line had
Piermont winning by 19,

149
00:06:10,770 --> 00:06:13,173
but Piermont was winning by 18
as the clock wound down.

150
00:06:13,240 --> 00:06:14,975
- So Miles Booker throws up
that prayer.

151
00:06:15,008 --> 00:06:16,701
Piermont wins by 21.

152
00:06:16,768 --> 00:06:17,944
He blows the line.

153
00:06:18,011 --> 00:06:19,079
- First place your mind goes--

154
00:06:19,145 --> 00:06:20,747
if he was caught up
in some gambling thing?

155
00:06:20,847 --> 00:06:24,117
- I hear you,
but I don't know, man.

156
00:06:24,217 --> 00:06:25,952
Box score said
he played nine minutes.

157
00:06:26,052 --> 00:06:27,654
Five points, two boards.

158
00:06:27,687 --> 00:06:29,281
It's tough to throw a game
with those numbers.

159
00:06:29,381 --> 00:06:30,490
- Wait, guys.

160
00:06:30,523 --> 00:06:32,851
Look at this WiWager pinboard.

161
00:06:32,884 --> 00:06:35,520
You won't believe the flood
of hate that Booker got.

162
00:06:35,553 --> 00:06:37,497
- "Oh, that garbage shot
cost me my mortgage payment.

163
00:06:37,530 --> 00:06:39,232
That scrub ruined my weekend."

164
00:06:39,299 --> 00:06:40,834
- All this
for a 20-year-old kid?

165
00:06:40,867 --> 00:06:42,335
Damn.
- Well, even in this

166
00:06:42,402 --> 00:06:44,904
sewer of humanity,
one guy stands out.

167
00:06:44,971 --> 00:06:47,699
This guy claims
to have lost 40K.

168
00:06:47,732 --> 00:06:49,142
- "Gonna find Miles Booker
on the street.

169
00:06:49,242 --> 00:06:51,344
I'm gonna teach that punk about
a different kind of shot."

170
00:06:51,378 --> 00:06:53,580
- That guy posted that
from the game.

171
00:06:53,680 --> 00:06:55,415
He was there,
saw the shot go in.

172
00:06:55,482 --> 00:06:57,017
- We know his handle
on WiWager,

173
00:06:57,050 --> 00:06:58,752
but who the hell is he
in real life?

174
00:07:05,241 --> 00:07:05,425
.

175
00:07:05,609 --> 00:07:07,260
- "Going to find Miles Booker
on the street.

176
00:07:07,360 --> 00:07:08,428
"Gonna teach that punk about

177
00:07:08,495 --> 00:07:10,422
a different kind of shot."

178
00:07:10,488 --> 00:07:12,190
Outrageous, truly.

179
00:07:12,257 --> 00:07:14,034
- Yeah, we need a name.

180
00:07:14,100 --> 00:07:16,094
We need to know
who made that threat.

181
00:07:16,194 --> 00:07:17,762
- Can't help you there. Sorry.

182
00:07:17,829 --> 00:07:19,172
- So it doesn't bother you?

183
00:07:19,239 --> 00:07:21,733
Athletes getting death threats
on your platform?

184
00:07:21,833 --> 00:07:24,044
- Moral decay is baked
into my business model

185
00:07:24,110 --> 00:07:26,204
only because the demand exists.

186
00:07:26,271 --> 00:07:27,681
That, we didn't create.

187
00:07:27,714 --> 00:07:30,533
If someone predicts
the next 9/11 on WiWager,

188
00:07:30,600 --> 00:07:32,043
makes a fortune--

189
00:07:32,110 --> 00:07:34,220
more power to him,
and the bigger my cut.

190
00:07:34,321 --> 00:07:37,349
That math is contingent
upon one thing:

191
00:07:37,382 --> 00:07:39,759
anonymity.

192
00:07:39,826 --> 00:07:42,387
Thanks for stopping by,
friends.

193
00:07:42,454 --> 00:07:43,563
- Well, just one problem.

194
00:07:43,663 --> 00:07:45,048
We're talking about
a person of interest

195
00:07:45,115 --> 00:07:47,067
in a murder investigation,

196
00:07:47,133 --> 00:07:48,860
so refusing to cooperate
violates

197
00:07:48,927 --> 00:07:50,395
Know Your Customer laws.

198
00:07:50,462 --> 00:07:53,239
We'd have no choice
but to report it to the CFTC.

199
00:07:53,306 --> 00:07:54,966
- Yeah, see all that math
you were talking about?

200
00:07:55,033 --> 00:07:56,076
I think that's contingent on

201
00:07:56,142 --> 00:07:59,312
you still being in business...
friend.

202
00:08:02,949 --> 00:08:03,917
- Understand you own

203
00:08:03,984 --> 00:08:05,986
a Smith and Wesson handgun,
Mr. Barrett--

204
00:08:06,019 --> 00:08:07,812
CSX?

205
00:08:07,879 --> 00:08:08,947
- Yeah.

206
00:08:09,047 --> 00:08:10,248
Registered, legal.

207
00:08:10,315 --> 00:08:13,251
- People use legal guns
to do illegal things, sir.

208
00:08:13,284 --> 00:08:14,661
- We got a shell casing,

209
00:08:14,728 --> 00:08:16,363
and the bullet was fired
from a gun

210
00:08:16,396 --> 00:08:17,989
that was made by one
of two manufacturers.

211
00:08:18,089 --> 00:08:19,366
Now, the first one's a Glock.

212
00:08:19,399 --> 00:08:21,634
And I'm gonna let you guess
what the second one is.

213
00:08:22,302 --> 00:08:24,170
- Miles Booker's basket
at the end of the game

214
00:08:24,270 --> 00:08:26,072
cost you 40 grand.

215
00:08:26,106 --> 00:08:28,274
People have killed
for a lot less.

216
00:08:28,341 --> 00:08:30,677
- Look, I was not happy
about that stupid shot.

217
00:08:30,744 --> 00:08:32,278
OK, that is true.

218
00:08:32,379 --> 00:08:34,105
I went looking for Booker
after the game.

219
00:08:34,172 --> 00:08:36,341
That's true too.
- OK.

220
00:08:36,441 --> 00:08:37,434
OK, you have a plan?

221
00:08:37,500 --> 00:08:38,785
- I don't know.

222
00:08:38,852 --> 00:08:40,245
Raise hell.

223
00:08:40,311 --> 00:08:41,354
- Then what?

224
00:08:41,388 --> 00:08:42,422
Change of heart?

225
00:08:42,489 --> 00:08:43,957
- [sighs]
I saw him outside the arena.

226
00:08:44,024 --> 00:08:45,125
He was with some kid.

227
00:08:45,191 --> 00:08:46,276
- What kid?

228
00:08:46,342 --> 00:08:47,394
- Some kid--like,

229
00:08:47,427 --> 00:08:50,497
doesn't even shave
kind of dude.

230
00:08:50,597 --> 00:08:53,032
They seemed tight,
but the kid looked scared

231
00:08:53,133 --> 00:08:55,335
or--or bummed out.

232
00:08:55,402 --> 00:08:56,870
Miles was, like,
talking to him,

233
00:08:56,936 --> 00:08:58,304
taking him really serious.

234
00:08:58,371 --> 00:09:00,173
- Then what'd you do?
- Nothing, bro.

235
00:09:00,273 --> 00:09:01,808
I was like, what,
I'm just gonna go

236
00:09:01,875 --> 00:09:03,109
sucker punch this guy

237
00:09:03,176 --> 00:09:04,828
while he's straightening out
this kid?

238
00:09:04,861 --> 00:09:08,648
I...went to Bub O'Malley's
instead,

239
00:09:08,715 --> 00:09:11,676
had a heart-to-heart
with my friend Jack Daniels.

240
00:09:12,786 --> 00:09:14,054
I swear.

241
00:09:16,147 --> 00:09:17,290
- Barrett's telling the truth.

242
00:09:17,357 --> 00:09:19,492
He was at Bub's,
drinking his feelings.

243
00:09:19,559 --> 00:09:21,060
- Well, we found
the mystery kid.

244
00:09:21,161 --> 00:09:22,887
- Yeah, over here.

245
00:09:22,987 --> 00:09:25,398
Look, Booker exits
the arena at 9:25.

246
00:09:25,498 --> 00:09:27,826
This kid's waiting outside.

247
00:09:27,859 --> 00:09:29,068
- Can you zoom in a little bit?

248
00:09:29,169 --> 00:09:30,236
Right there, on the jacket?

249
00:09:32,105 --> 00:09:34,240
Gowanus High, Brooklyn.

250
00:09:34,307 --> 00:09:35,358
- Huh?

251
00:09:35,391 --> 00:09:36,509
- They're diamondback
terrapins.

252
00:09:36,576 --> 00:09:37,669
They live in the Gowanus Canal.

253
00:09:37,735 --> 00:09:39,045
I mean, they got,
like, three eyes

254
00:09:39,112 --> 00:09:40,572
'cause of that water,
but you know, they're cool.

255
00:09:40,672 --> 00:09:43,374
- And these are things
that you know?

256
00:09:44,484 --> 00:09:45,835
- Want to go find the kid?

257
00:09:49,722 --> 00:09:51,124
<i>- How do you know</i>
<i>Miles Booker?</i>

258
00:09:51,191 --> 00:09:53,985
- I met Miles two years ago
at summer basketball camp.

259
00:09:54,018 --> 00:09:56,062
- Piermont College?

260
00:09:56,129 --> 00:09:59,190
- He was like a mentor,
I guess.

261
00:09:59,224 --> 00:10:01,301
You know, he looked out for me.

262
00:10:01,367 --> 00:10:04,028
- What were you guys
talking about last night?

263
00:10:04,062 --> 00:10:05,271
We heard you were upset.

264
00:10:09,309 --> 00:10:13,571
- That night,
I was walking to the game,

265
00:10:13,671 --> 00:10:16,116
and then this white guy
came out of nowhere,

266
00:10:16,216 --> 00:10:17,884
yelling at me--crazy stuff.

267
00:10:17,984 --> 00:10:20,053
- Crazy how?
- Racist.

268
00:10:20,854 --> 00:10:23,081
I mean, he had his phone out,
filming the whole thing.

269
00:10:23,181 --> 00:10:24,883
He wouldn't leave me alone.

270
00:10:24,949 --> 00:10:26,451
So I panicked.

271
00:10:26,551 --> 00:10:28,753
Then I ran all the way
to the arena.

272
00:10:28,853 --> 00:10:30,964
- That's what you told Miles
after the game?

273
00:10:31,064 --> 00:10:32,332
- Yeah.

274
00:10:32,365 --> 00:10:34,534
And he told me he was
proud of me for walking away.

275
00:10:34,567 --> 00:10:36,469
And he called me
an Uber to go home.

276
00:10:37,795 --> 00:10:39,088
- Was that it?

277
00:10:39,122 --> 00:10:41,724
<i>[tense music]</i>

278
00:10:41,791 --> 00:10:45,904
- Except, uh,
he asked where it happened,

279
00:10:45,970 --> 00:10:48,248
and he pulled up a picture
of the guy on his cell.

280
00:10:48,314 --> 00:10:52,152
And I said, "Yeah, that's him."

281
00:10:52,252 --> 00:10:54,112
- What did he say?

282
00:10:54,212 --> 00:10:55,989
- That he was gonna
take care of it.

283
00:10:56,089 --> 00:11:03,121
<i>♪ ♪</i>

284
00:11:05,164 --> 00:11:07,225
- According to Booker's
cell phone data,

285
00:11:07,292 --> 00:11:10,136
after he sent Elijah home,
he pulled up RiotWire,

286
00:11:10,236 --> 00:11:12,096
a crypto-based
streaming platform

287
00:11:12,163 --> 00:11:14,407
that hosts influencers,
mostly the ones

288
00:11:14,440 --> 00:11:16,009
that get kicked off
other platforms.

289
00:11:16,075 --> 00:11:17,435
- Whose page did he visit?

290
00:11:17,502 --> 00:11:19,504
- Stone Freedom.
- Who?

291
00:11:19,604 --> 00:11:20,914
- He's an internet celebrity.

292
00:11:20,980 --> 00:11:23,341
His real name's Tyler Duncan.

293
00:11:23,408 --> 00:11:25,276
He's a professional racist.

294
00:11:25,343 --> 00:11:27,136
- I'm sorry. He's a what?

295
00:11:27,170 --> 00:11:28,313
<i>[tense music]</i>

296
00:11:28,413 --> 00:11:29,822
- Right here.
<i>- Where you going?</i>

297
00:11:29,889 --> 00:11:32,350
<i>Where you going?</i>
<i>Look what I found, huh?</i>

298
00:11:32,450 --> 00:11:34,352
<i>Look, I found one, guys.</i>
<i>Look what I found. What's up?</i>

299
00:11:34,452 --> 00:11:35,762
<i>- Hey, get that camera</i>
<i>out of my face, man.</i>

300
00:11:35,828 --> 00:11:38,122
<i>- Ooh-ooh-ooh-ooh-ooh,</i>
<i>ah-ah-ah!</i>

301
00:11:38,189 --> 00:11:39,365
<i>Come on, say something.</i>

302
00:11:39,465 --> 00:11:40,633
<i>- Move on! Move on!</i>
<i>- Or what?</i>

303
00:11:40,733 --> 00:11:41,926
<i>What are you gonna do?</i>

304
00:11:41,993 --> 00:11:43,261
<i>Hey, cornbread,</i>
<i>I'm talking to you.</i>

305
00:11:43,328 --> 00:11:44,629
<i>Come on, smile for the camera.</i>

306
00:11:44,696 --> 00:11:45,663
<i>Hey--</i>
[clicks off]

307
00:11:45,763 --> 00:11:47,365
<i>♪ ♪</i>

308
00:11:47,465 --> 00:11:48,875
- This mutt gets off on this?

309
00:11:48,975 --> 00:11:50,510
- Oh, this mutt makes money
on this.

310
00:11:50,610 --> 00:11:52,036
There's a few of these
out there.

311
00:11:52,103 --> 00:11:54,013
A guy named Chud the Builder
is another one,

312
00:11:54,080 --> 00:11:56,649
says the most outrageous stuff
for views.

313
00:11:56,749 --> 00:11:59,135
But our guy here,
Stone Freedom,

314
00:11:59,202 --> 00:12:01,613
his videos get, like, 200,000--
what, 300,000 views?

315
00:12:01,646 --> 00:12:03,056
- His fans think he's a hero,

316
00:12:03,156 --> 00:12:07,143
some sort of "anti-woke"
First Amendment warrior.

317
00:12:07,210 --> 00:12:08,328
- He got a sheet?

318
00:12:08,394 --> 00:12:09,996
- No, he's never been arrested.

319
00:12:10,063 --> 00:12:12,198
But guess where
he was doing his thing

320
00:12:12,265 --> 00:12:14,067
the night of the murder--

321
00:12:14,167 --> 00:12:16,361
four blocks
from the crime scene.

322
00:12:20,440 --> 00:12:22,642
- Open up! NYPD!

323
00:12:22,709 --> 00:12:25,136
[knocking]

324
00:12:25,203 --> 00:12:27,171
- Tyler Duncan?
- That's me.

325
00:12:27,205 --> 00:12:28,281
Can I help you fellas?

326
00:12:28,348 --> 00:12:30,583
- We have a warrant
to search the premises.

327
00:12:30,683 --> 00:12:31,918
- Do you?

328
00:12:35,288 --> 00:12:36,673
OK.

329
00:12:38,424 --> 00:12:39,759
Come on in.

330
00:12:44,188 --> 00:12:45,690
- Hey, Tyler,
you bump into this guy

331
00:12:45,757 --> 00:12:47,992
in Sugar Hill last night?

332
00:12:48,059 --> 00:12:50,903
- Uh, I don't know, man.

333
00:12:50,970 --> 00:12:53,840
You know, uh...
faces, you know?

334
00:12:53,906 --> 00:12:56,209
- Right, we all look the same.
- No.

335
00:12:56,276 --> 00:12:58,736
No, those are your words,
man, not mine.

336
00:13:00,263 --> 00:13:01,773
Jeez.

337
00:13:01,873 --> 00:13:03,249
He always this sensitive, bro?

338
00:13:03,349 --> 00:13:04,717
- No.

339
00:13:04,784 --> 00:13:05,952
And I'm not your bro.

340
00:13:07,011 --> 00:13:07,920
- Got it.

341
00:13:08,021 --> 00:13:10,390
<i>[tense music]</i>

342
00:13:10,490 --> 00:13:12,383
- Turn around and put your
hands behind your back.

343
00:13:12,417 --> 00:13:13,393
- First, first, first,

344
00:13:13,459 --> 00:13:15,695
say hello
to the Freedom Fighters, boys.

345
00:13:15,762 --> 00:13:17,689
Yeah, it's finally happening.

346
00:13:17,755 --> 00:13:20,124
The WokeStapo is trying
to silence me.

347
00:13:20,224 --> 00:13:21,501
- Turn it off.
- Nah, man.

348
00:13:21,567 --> 00:13:22,885
White guys can't be
too careful these days.

349
00:13:22,952 --> 00:13:24,095
- Now!

350
00:13:24,195 --> 00:13:25,638
- Hey, I got rights.
I got rights.

351
00:13:25,738 --> 00:13:27,273
All right? Hey, dude! Don't!

352
00:13:27,340 --> 00:13:28,299
Hey!

353
00:13:28,399 --> 00:13:31,310
[grunting]

354
00:13:31,377 --> 00:13:33,046
<i>[dramatic music]</i>

355
00:13:33,112 --> 00:13:34,547
- Tyler Duncan,
you're under arrest

356
00:13:34,580 --> 00:13:35,682
for the murder
of Miles Lee Booker.

357
00:13:35,748 --> 00:13:36,808
You have the right
to remain silent.

358
00:13:36,874 --> 00:13:37,950
Do you understand?

359
00:13:38,051 --> 00:13:39,152
You have the right
to consult an attorney.

360
00:13:39,252 --> 00:13:40,278
Do you understand?

361
00:13:47,977 --> 00:13:48,161
.

362
00:13:48,344 --> 00:13:51,989
- That's you, Tyler,
climbing into your car

363
00:13:52,090 --> 00:13:54,158
two minutes after the murder,

364
00:13:54,258 --> 00:13:56,369
three blocks
from where it happened.

365
00:13:56,436 --> 00:13:59,922
Our witness says the killer was
wearing this backpack,

366
00:13:59,989 --> 00:14:02,500
which we found
in your apartment.

367
00:14:02,600 --> 00:14:05,144
Come on, man.
We know you did this.

368
00:14:05,211 --> 00:14:07,430
- I don't know
what you're talking about.

369
00:14:09,015 --> 00:14:10,266
- All right.

370
00:14:16,514 --> 00:14:18,274
I want to hear your side.

371
00:14:20,084 --> 00:14:21,494
Oh. Oh.

372
00:14:21,594 --> 00:14:24,021
You think silence is
your friend?

373
00:14:24,088 --> 00:14:25,431
It's not.

374
00:14:26,265 --> 00:14:30,336
If something happened
that might help explain this,

375
00:14:30,403 --> 00:14:32,597
now's the time to talk.

376
00:14:32,663 --> 00:14:34,165
[door opens]

377
00:14:36,434 --> 00:14:38,044
- Got the ballistics report
back from the gun

378
00:14:38,144 --> 00:14:40,471
we found in your apartment.

379
00:14:40,538 --> 00:14:42,982
Dead match from the slug
we recovered from the body.

380
00:14:43,082 --> 00:14:45,468
It's the murder weapon.

381
00:14:45,535 --> 00:14:46,969
It's over, Tyler.

382
00:14:47,036 --> 00:14:49,647
<i>[dramatic music]</i>

383
00:14:49,714 --> 00:14:52,016
- [clears throat]
I want a lawyer.

384
00:14:52,116 --> 00:14:56,621
<i>♪ ♪</i>

385
00:14:56,654 --> 00:14:58,314
- Good luck to you.

386
00:15:03,561 --> 00:15:05,196
<i>- Your Honor,</i>
<i>the defendant is charged</i>

387
00:15:05,296 --> 00:15:06,973
with murder
in the second degree.

388
00:15:07,006 --> 00:15:09,175
On the night
of September the 2nd,

389
00:15:09,242 --> 00:15:11,836
Mr. Duncan shot
and killed Miles Booker,

390
00:15:11,903 --> 00:15:14,680
an unarmed man--
a good young man.

391
00:15:14,781 --> 00:15:18,309
An athlete, a beloved son,
and a mentor.

392
00:15:18,342 --> 00:15:20,353
He then fled the scene
and concealed the weapon.

393
00:15:20,420 --> 00:15:21,913
We have an eyewitness.

394
00:15:22,013 --> 00:15:23,856
We have physical
and forensic evidence,

395
00:15:23,923 --> 00:15:25,391
and we ask for remand.

396
00:15:25,491 --> 00:15:28,027
The defendant has
a public platform

397
00:15:28,127 --> 00:15:30,897
with a large following,
fundraisers on his behalf.

398
00:15:30,997 --> 00:15:32,515
He presents a flight risk.

399
00:15:32,582 --> 00:15:33,591
- Mr. Dressler.

400
00:15:33,691 --> 00:15:35,660
- Your Honor, the reason
my client has

401
00:15:35,726 --> 00:15:38,187
such passionate support
is that he is innocent.

402
00:15:38,254 --> 00:15:39,430
We will show that

403
00:15:39,530 --> 00:15:42,608
the aggressor in this incident
was Miles Booker.

404
00:15:42,675 --> 00:15:46,938
He hunted down my client,
struck him, advanced on him.

405
00:15:47,038 --> 00:15:50,049
In that moment,
Mr. Duncan reasonably believed

406
00:15:50,116 --> 00:15:54,278
his life was in imminent danger
and acted in self-defense.

407
00:15:54,378 --> 00:15:57,256
Your Honor,
bail is appropriate here.

408
00:15:57,356 --> 00:16:00,284
Mr. Duncan is an entrepreneur
with no criminal record,

409
00:16:00,384 --> 00:16:01,561
long-standing ties--

410
00:16:01,627 --> 00:16:03,362
- Mr. Duncan is an entrepreneur

411
00:16:03,429 --> 00:16:06,232
to the degree that he runs
a social media platform built

412
00:16:06,332 --> 00:16:09,026
around confronting strangers
with hateful language.

413
00:16:09,060 --> 00:16:10,136
- Save your breath.

414
00:16:10,169 --> 00:16:12,129
The defendant's remanded.

415
00:16:12,196 --> 00:16:13,506
[gavel bangs]
Next case.

416
00:16:13,539 --> 00:16:15,608
- This is a travesty
of justice!

417
00:16:15,708 --> 00:16:17,009
[crowd chanting] USA! USA!

418
00:16:17,043 --> 00:16:19,912
- Bailiff, clear these people
out of this courtroom.

419
00:16:19,979 --> 00:16:23,316
[crowd chanting] USA! USA! USA!

420
00:16:27,612 --> 00:16:29,322
- Mr. and Mrs. Booker.

421
00:16:29,422 --> 00:16:31,390
- Don't let this
turn into a circus.

422
00:16:31,457 --> 00:16:33,576
Just get justice for our son.

423
00:16:34,760 --> 00:16:36,262
- Yeah.

424
00:16:36,329 --> 00:16:38,097
<i>- If the races were reversed,</i>

425
00:16:38,197 --> 00:16:40,324
<i>the DA would not</i>
<i>have brought charges.</i>

426
00:16:40,424 --> 00:16:43,160
<i>Anyone with eyes and a brain</i>
<i>can see that.</i>

427
00:16:43,261 --> 00:16:45,638
<i>Do you have</i>
<i>any other questions?</i>

428
00:16:45,705 --> 00:16:49,108
- Tom Phillips is making
a cause out of Tyler Duncan,

429
00:16:49,175 --> 00:16:51,410
a match made in hell.

430
00:16:51,477 --> 00:16:52,778
Is this all hot air,

431
00:16:52,845 --> 00:16:54,947
or is there substance
to the self-defense claim?

432
00:16:55,014 --> 00:16:56,482
- We don't know
exactly what was said,

433
00:16:56,582 --> 00:16:58,351
but we know
from our eyewitness,

434
00:16:58,451 --> 00:16:59,585
the two men argue.

435
00:16:59,652 --> 00:17:00,786
After a few minutes,

436
00:17:00,853 --> 00:17:03,281
Miles strikes Tyler Duncan
in the face.

437
00:17:03,347 --> 00:17:05,283
- Duncan falls,
pulls out a gun,

438
00:17:05,349 --> 00:17:06,759
shoots Miles Booker dead.

439
00:17:06,826 --> 00:17:09,195
- We will hammer
the proportionality gap.

440
00:17:09,228 --> 00:17:11,497
Punch and a fatal gunshot

441
00:17:11,564 --> 00:17:13,783
occupy very different
tiers of violence.

442
00:17:13,849 --> 00:17:15,768
- Did Duncan have
an opportunity to retreat?

443
00:17:15,835 --> 00:17:17,862
- Yes, and a duty to retreat.

444
00:17:17,962 --> 00:17:19,639
- He showed
consciousness of guilt.

445
00:17:19,739 --> 00:17:22,934
He didn't call 911 and fled
the scene, went home,

446
00:17:23,000 --> 00:17:24,710
hid the murder weapon
by duct taping it

447
00:17:24,777 --> 00:17:26,504
to the underside
of his toilet lid.

448
00:17:27,363 --> 00:17:29,140
- This is murder.

449
00:17:29,206 --> 00:17:30,950
You don't get to incite
violence and then

450
00:17:30,983 --> 00:17:33,277
use it as a pretext to get away
with killing someone.

451
00:17:33,344 --> 00:17:36,380
- Duncan has a long history
of goading Black men

452
00:17:36,480 --> 00:17:38,658
into verbal and physical
confrontations--

453
00:17:38,724 --> 00:17:40,726
all on video,
which speaks to motive.

454
00:17:40,760 --> 00:17:42,028
We will show that
to the jury too.

455
00:17:42,094 --> 00:17:44,230
- Well, maybe.

456
00:17:44,330 --> 00:17:46,365
Defense is challenging
the videos.

457
00:17:46,465 --> 00:17:49,393
<i>[tense music]</i>

458
00:17:49,460 --> 00:17:52,038
<i>♪ ♪</i>

459
00:17:52,104 --> 00:17:54,523
<i>- [hooting]</i>

460
00:17:54,557 --> 00:17:55,825
<i>Come on.</i>
<i>Isn't that how you talk?</i>

461
00:17:55,891 --> 00:17:57,677
<i>[hooting]</i>
<i>What are you gonna do, boy?</i>

462
00:17:57,743 --> 00:17:59,178
<i>Come on, say something. Do it.</i>

463
00:17:59,245 --> 00:18:00,947
- I get it.

464
00:18:01,013 --> 00:18:02,548
How many of those are there?

465
00:18:02,648 --> 00:18:06,410
- We've counted 152
on various streaming platforms,

466
00:18:06,477 --> 00:18:07,912
so far.

467
00:18:08,579 --> 00:18:11,682
- Just so I'm clear,
this Stone Freedom,

468
00:18:11,749 --> 00:18:14,193
that's the alter ego
of your client, Tyler Duncan?

469
00:18:14,293 --> 00:18:15,820
- Yes, Judge.

470
00:18:15,853 --> 00:18:17,830
- And you're OK with all this?

471
00:18:17,897 --> 00:18:19,590
- God, no.

472
00:18:19,690 --> 00:18:22,201
But if we truly
believe in the law,

473
00:18:22,301 --> 00:18:24,203
then my discomfort is not

474
00:18:24,270 --> 00:18:25,671
a sign I'm doing
something wrong.

475
00:18:25,738 --> 00:18:28,007
It's a sign I'm doing
something right.

476
00:18:28,040 --> 00:18:31,435
That's the whole reason
we're here, in fact,

477
00:18:31,535 --> 00:18:33,512
because our system of law
doesn't ask

478
00:18:33,579 --> 00:18:35,573
whether a defendant is
a good person.

479
00:18:36,716 --> 00:18:38,384
Molineux is clear.

480
00:18:38,451 --> 00:18:42,521
Evidence of prior bad acts is
presumptively inadmissible,

481
00:18:42,588 --> 00:18:46,859
even if this case was
about race, and it's not.

482
00:18:47,560 --> 00:18:52,248
Yes, my client says
hurtful, terrible things.

483
00:18:52,281 --> 00:18:54,500
But in this case,
he was attacked

484
00:18:54,567 --> 00:18:56,669
and believed he had to resort
to deadly force.

485
00:18:56,736 --> 00:18:58,671
- Your Honor,
we're not offering the videos

486
00:18:58,738 --> 00:18:59,964
as prior bad acts.

487
00:19:00,031 --> 00:19:01,741
They are direct
evidence of motive

488
00:19:01,807 --> 00:19:04,810
and the falsity of
the self-defense claim itself.

489
00:19:04,877 --> 00:19:07,405
- These confrontations are not
spontaneous.

490
00:19:07,471 --> 00:19:09,081
They are a business plan,

491
00:19:09,148 --> 00:19:12,485
relevant to whether
this encounter was an ambush

492
00:19:12,551 --> 00:19:15,187
that left Tyler Duncan
genuinely afraid for his life

493
00:19:15,221 --> 00:19:19,083
or part of
a deliberate pattern.

494
00:19:19,150 --> 00:19:20,593
- I hear that.

495
00:19:20,660 --> 00:19:23,763
But suggesting a defendant's
general disposition

496
00:19:23,829 --> 00:19:26,432
as evidence is
inherently prejudicial.

497
00:19:26,499 --> 00:19:28,300
It runs the risk
that we convict someone

498
00:19:28,401 --> 00:19:30,569
for who they are.

499
00:19:30,603 --> 00:19:32,997
It seems to me--
and I think this is

500
00:19:33,097 --> 00:19:35,141
what you were getting at too--

501
00:19:35,207 --> 00:19:39,679
the vile nature
of Tyler Duncan's conduct

502
00:19:39,779 --> 00:19:43,607
only makes the legal protection
more critical, not less.

503
00:19:43,674 --> 00:19:44,934
- Your Honor, we're not--

504
00:19:45,000 --> 00:19:47,720
- That's the decision,
Mr. Price.

505
00:19:47,787 --> 00:19:52,858
The videos are out, all 152.

506
00:19:52,958 --> 00:19:57,988
<i>♪ ♪</i>

507
00:20:03,227 --> 00:20:03,369
.

508
00:20:03,552 --> 00:20:04,970
- If the judge won't allow
the videos,

509
00:20:05,071 --> 00:20:06,305
I'll do her one better.

510
00:20:06,405 --> 00:20:07,640
- How's that?

511
00:20:07,740 --> 00:20:08,966
- Let's supersede
the indictment

512
00:20:09,033 --> 00:20:11,510
by charging Tyler Duncan
with a hate crime.

513
00:20:11,610 --> 00:20:13,212
That way,
the defendant's bigotry

514
00:20:13,312 --> 00:20:15,247
speaks to his state of mind.

515
00:20:15,314 --> 00:20:16,882
It's no longer
propensity evidence,

516
00:20:16,982 --> 00:20:19,009
so Molineux can't touch it.

517
00:20:19,043 --> 00:20:20,352
- It's creative.

518
00:20:20,453 --> 00:20:22,213
Obviously,
Tyler Duncan is a bigot.

519
00:20:22,313 --> 00:20:24,957
The jury should know that,
one way or another.

520
00:20:25,024 --> 00:20:26,859
- I'm sensing a "but" coming.

521
00:20:26,892 --> 00:20:27,726
- [chuckles]

522
00:20:27,793 --> 00:20:29,720
But...

523
00:20:29,787 --> 00:20:32,531
based only on
the direct evidence

524
00:20:32,631 --> 00:20:35,234
we have in hand right now,

525
00:20:35,301 --> 00:20:37,236
do we know that race was
a motivating factor

526
00:20:37,303 --> 00:20:38,471
in this murder?

527
00:20:38,571 --> 00:20:39,797
Not really.

528
00:20:39,864 --> 00:20:41,807
- My gut says Miles Booker died

529
00:20:41,907 --> 00:20:43,801
because he was Black.

530
00:20:43,868 --> 00:20:46,036
I'll sleep just fine
with a hate crime.

531
00:20:47,480 --> 00:20:49,215
- Do it.

532
00:20:49,315 --> 00:20:50,516
Go back to the grand jury.

533
00:20:50,549 --> 00:20:51,951
Add the hate crime.

534
00:20:52,017 --> 00:20:53,552
Find Duncan's other victims.

535
00:20:53,652 --> 00:20:55,821
Put them all on the stand.

536
00:20:55,888 --> 00:20:59,884
Show this jury exactly who
this son of a bitch really is.

537
00:21:03,095 --> 00:21:06,031
- I was walking home from
the hospital in Bed-Stuy,

538
00:21:06,065 --> 00:21:07,366
just minding my own business.

539
00:21:07,466 --> 00:21:09,201
- And what did you see?

540
00:21:09,235 --> 00:21:10,936
- It was more what did I hear.

541
00:21:11,003 --> 00:21:12,263
- I kept hearing
these weird, like,

542
00:21:12,329 --> 00:21:13,873
monkey sounds or something.

543
00:21:13,906 --> 00:21:15,441
- Next thing I know,

544
00:21:15,541 --> 00:21:17,543
dude's shoving his phone
in my face,

545
00:21:17,643 --> 00:21:18,911
recording me.

546
00:21:18,944 --> 00:21:20,012
- So I told him, "Man,

547
00:21:20,112 --> 00:21:21,547
man, get out of here!"

548
00:21:21,647 --> 00:21:22,615
And he wouldn't listen.

549
00:21:22,681 --> 00:21:24,608
He kept chasing me around.

550
00:21:24,675 --> 00:21:25,818
"What are you gonna do, boy?

551
00:21:25,885 --> 00:21:27,086
You chimping out?"

552
00:21:27,119 --> 00:21:29,947
- He flashes his gun.

553
00:21:30,047 --> 00:21:31,023
He says...

554
00:21:31,090 --> 00:21:34,059
- "What are you gonna do, boy?

555
00:21:34,093 --> 00:21:37,263
I got 15 rounds for you, boy."

556
00:21:37,296 --> 00:21:39,632
- The words he says...

557
00:21:39,732 --> 00:21:41,667
<i>♪ ♪</i>

558
00:21:41,734 --> 00:21:44,361
They're not words.

559
00:21:44,428 --> 00:21:49,675
They're like a hand around
your throat, you know?

560
00:21:49,742 --> 00:21:52,244
- No, Elijah, I don't know.

561
00:21:52,278 --> 00:21:56,148
- I would do anything
to make it stop.

562
00:21:56,215 --> 00:22:02,087
You can't help but wonder
if fighting is the only way.

563
00:22:02,188 --> 00:22:05,716
- But, Elijah,
you didn't fight.

564
00:22:05,783 --> 00:22:08,060
You didn't punch my client
in the face,

565
00:22:08,160 --> 00:22:11,288
knock him to the ground,
advance on him.

566
00:22:11,322 --> 00:22:13,666
You walked away.

567
00:22:13,732 --> 00:22:15,668
- Yeah, but I--

568
00:22:15,768 --> 00:22:19,104
- It didn't turn to violence

569
00:22:19,138 --> 00:22:24,068
until you told
Miles Booker about it.

570
00:22:24,134 --> 00:22:29,682
And Miles told you he was
going to take care of it.

571
00:22:29,748 --> 00:22:31,475
Now we know what he meant.

572
00:22:31,508 --> 00:22:33,252
- No.
- Sure we do.

573
00:22:33,352 --> 00:22:35,821
He was going to kill my client.

574
00:22:35,854 --> 00:22:37,857
- Not true!

575
00:22:37,923 --> 00:22:41,994
He was only going to do
what I was too scared to do.

576
00:22:42,094 --> 00:22:45,698
Tell that man, go to hell!

577
00:22:47,124 --> 00:22:49,285
- Nothing further, Your Honor.

578
00:22:50,903 --> 00:22:52,071
- It was dead that night,

579
00:22:52,137 --> 00:22:53,672
and I poked my head
out of the shop,

580
00:22:53,706 --> 00:22:55,474
and I saw that man right there.

581
00:22:55,574 --> 00:22:57,334
- Mr. Duncan?

582
00:22:57,368 --> 00:22:59,545
- And a tall Black guy.

583
00:23:02,172 --> 00:23:03,349
That's him.

584
00:23:03,449 --> 00:23:04,942
- Your Honor,
let the record reflect that

585
00:23:05,009 --> 00:23:06,585
the witness has identified
Miles Booker

586
00:23:06,619 --> 00:23:08,354
and the defendant,
Tyler Duncan.

587
00:23:08,454 --> 00:23:09,922
- Done. Go ahead.

588
00:23:09,989 --> 00:23:12,558
- I heard Duncan call Miles
a chimp.

589
00:23:16,996 --> 00:23:18,697
- And then?
- It was on.

590
00:23:18,797 --> 00:23:21,066
Miles punched Duncan
in the face.

591
00:23:21,133 --> 00:23:22,201
Duncan went down.

592
00:23:22,301 --> 00:23:24,637
Miles took a step forward.

593
00:23:24,703 --> 00:23:27,273
Duncan pulled a gun, shot him.

594
00:23:27,339 --> 00:23:29,074
- Did you witness Mr. Duncan

595
00:23:29,141 --> 00:23:32,244
make an attempt to retreat
or call for help?

596
00:23:32,344 --> 00:23:35,748
- No, he just pulled a gun,
shot.

597
00:23:35,814 --> 00:23:38,317
- Did you witness Mr. Duncan
rendering aid

598
00:23:38,350 --> 00:23:40,152
to Mr. Booker
after shooting him?

599
00:23:40,219 --> 00:23:41,220
- Hell no.

600
00:23:41,253 --> 00:23:43,414
He just ran.

601
00:23:43,514 --> 00:23:45,090
- Thank you. Nothing further.

602
00:23:48,385 --> 00:23:53,132
- You told the police you heard
the word chump, not chimp.

603
00:23:53,198 --> 00:23:55,134
- Yeah.

604
00:23:55,200 --> 00:23:56,669
But now I know it was chimp.

605
00:23:56,735 --> 00:23:58,037
Who the hell says chump
these days?

606
00:23:58,137 --> 00:24:00,097
- You not only told the police
the word was chump--

607
00:24:00,197 --> 00:24:02,374
you told them you didn't
know which man said it.

608
00:24:02,474 --> 00:24:06,312
- I realized I was wrong.

609
00:24:06,345 --> 00:24:09,073
- And how'd you come
to this miraculous realization?

610
00:24:09,106 --> 00:24:11,317
You must have viewed
my client's content.

611
00:24:11,383 --> 00:24:12,551
- Sure.

612
00:24:12,651 --> 00:24:14,653
It's been all over the place
since the trial started.

613
00:24:14,720 --> 00:24:18,449
- And you're sure, "chimp"?

614
00:24:18,515 --> 00:24:20,250
You remember it
more clearly today

615
00:24:20,284 --> 00:24:22,227
than you did
19 minutes after the murder,

616
00:24:22,328 --> 00:24:24,163
when the police
interviewed you?

617
00:24:24,229 --> 00:24:27,266
- Sometimes things
come back to you.

618
00:24:27,366 --> 00:24:28,934
<i>[tense music]</i>

619
00:24:29,034 --> 00:24:30,703
- Or sometimes,

620
00:24:30,736 --> 00:24:35,140
when the world is determined
to make things about race,

621
00:24:35,207 --> 00:24:37,476
maybe a word starts
to sound like the word

622
00:24:37,576 --> 00:24:38,802
everyone wants you to hear.

623
00:24:38,869 --> 00:24:40,813
- Objection.
- Withdrawn.

624
00:24:40,913 --> 00:24:42,081
<i>♪ ♪</i>

625
00:24:42,114 --> 00:24:44,208
I've got nothing more, Judge.

626
00:24:44,274 --> 00:24:46,118
- Mr. Price.

627
00:24:46,218 --> 00:24:47,945
- People rest, Your Honor.

628
00:24:50,022 --> 00:24:51,949
- Hey, Alexis.

629
00:24:53,617 --> 00:24:55,961
What was that?
- What was what?

630
00:24:55,994 --> 00:24:57,429
- We told you in prep,

631
00:24:57,496 --> 00:24:59,323
stick to what you told
the detectives.

632
00:24:59,423 --> 00:25:01,125
- Maybe I ran with
the assignment a little bit,

633
00:25:01,158 --> 00:25:03,827
but every word I said
was the God's honest truth.

634
00:25:03,894 --> 00:25:04,970
Isn't that what you wanted?

635
00:25:05,070 --> 00:25:06,305
- Yes, but it--

636
00:25:06,405 --> 00:25:07,573
- Once I saw
that prick's videos,

637
00:25:07,639 --> 00:25:09,908
once I heard him saying chimp,

638
00:25:10,008 --> 00:25:12,111
I knew that's what I heard too.

639
00:25:12,211 --> 00:25:15,180
That man, Stone Freedom--

640
00:25:15,247 --> 00:25:17,116
the only saving grace
of this whole thing

641
00:25:17,182 --> 00:25:20,310
is that Miles Booker beat
his ass before he died.

642
00:25:25,015 --> 00:25:28,460
- Miles Booker just wouldn't
take no for an answer.

643
00:25:28,494 --> 00:25:30,187
- What do you mean?

644
00:25:30,287 --> 00:25:32,664
- Well, he found me
in the streets.

645
00:25:32,698 --> 00:25:34,867
I was walking to my car,

646
00:25:34,967 --> 00:25:36,702
and he just started
yelling at me.

647
00:25:36,769 --> 00:25:39,738
"Yo, say that to me!
Say that stuff to me!"

648
00:25:39,805 --> 00:25:40,939
And I told him, I was like,

649
00:25:41,006 --> 00:25:45,010
"No, dude, I am
off the clock, man."

650
00:25:45,110 --> 00:25:46,311
- And?

651
00:25:46,412 --> 00:25:49,181
- He goes, "You can't do
what you do and clock out,"

652
00:25:49,214 --> 00:25:50,549
followed by some words

653
00:25:50,649 --> 00:25:54,086
that I'm probably not
supposed to say here.

654
00:25:54,153 --> 00:25:55,954
And he started following me.

655
00:25:56,021 --> 00:25:58,282
We trash-talked each other
for a little while,

656
00:25:58,348 --> 00:26:02,027
and then out of nowhere,

657
00:26:02,127 --> 00:26:05,230
he hit me real, real hard.

658
00:26:05,330 --> 00:26:09,168
- And what were you thinking
in that moment?

659
00:26:09,234 --> 00:26:11,303
- Yeah, not really
much of a game plan.

660
00:26:11,403 --> 00:26:16,175
Um, on my back,
I can't really see well.

661
00:26:16,241 --> 00:26:18,310
My ears are ringing.
I'm tasting blood.

662
00:26:18,410 --> 00:26:20,846
And he goes, "Get up!
Get up right now!

663
00:26:20,879 --> 00:26:23,348
Get up right now!
Let's finish this!"

664
00:26:23,449 --> 00:26:25,042
So what was I thinking?

665
00:26:25,075 --> 00:26:29,521
I was thinking that
a man double my size

666
00:26:29,621 --> 00:26:32,658
just hit me harder
than I've ever been hit,

667
00:26:32,724 --> 00:26:36,328
and I was sure
he was gonna kill me.

668
00:26:36,395 --> 00:26:38,397
- Did you consider retreating?

669
00:26:38,497 --> 00:26:40,532
- Where?

670
00:26:40,632 --> 00:26:42,401
[chuckles] It was dark.

671
00:26:42,501 --> 00:26:44,520
My knee's a mess.
Where am I going?

672
00:26:46,038 --> 00:26:52,578
Look, I had a fraction
of a second to think,

673
00:26:52,678 --> 00:26:55,347
and I just acted.

674
00:26:55,447 --> 00:26:58,750
- Did you call Miles Booker
a chimp that night?

675
00:26:58,851 --> 00:27:00,118
- No.

676
00:27:00,219 --> 00:27:01,753
- Did you want
Miles Booker to die?

677
00:27:01,787 --> 00:27:05,415
- No, I just wanted to go home.

678
00:27:06,617 --> 00:27:08,293
- Why'd you have the gun?

679
00:27:09,528 --> 00:27:11,630
- I get death threats
every day,

680
00:27:11,697 --> 00:27:15,067
people saying
they're gonna hunt me down.

681
00:27:15,167 --> 00:27:17,769
- Nothing further, Judge.

682
00:27:17,803 --> 00:27:19,796
- Mr. Price.

683
00:27:19,897 --> 00:27:21,673
- Had Miles Booker ever
threatened your life?

684
00:27:21,707 --> 00:27:23,408
- No.
- And you'd never met him?

685
00:27:23,442 --> 00:27:24,801
- Correct.

686
00:27:24,902 --> 00:27:26,570
- Why do people
threaten your life?

687
00:27:26,637 --> 00:27:29,648
- Because of what I do
and the language that I use.

688
00:27:29,715 --> 00:27:30,816
- The N word.
- Yeah.

689
00:27:30,883 --> 00:27:32,050
- "Boy"?
- Yes.

690
00:27:32,084 --> 00:27:33,385
- So you use
the most hateful words

691
00:27:33,452 --> 00:27:36,421
in the English language
routinely for profit,

692
00:27:36,488 --> 00:27:37,881
but the one time
somebody finally

693
00:27:37,948 --> 00:27:39,316
punches you in the face for it,

694
00:27:39,383 --> 00:27:41,894
you want us to believe
you were all peaches and cream?

695
00:27:41,994 --> 00:27:43,495
- I get how that sounds,

696
00:27:43,562 --> 00:27:45,397
and I wouldn't
believe me either.

697
00:27:45,464 --> 00:27:46,365
- You heard the man.

698
00:27:46,398 --> 00:27:49,092
- But you have
to understand that

699
00:27:49,159 --> 00:27:52,170
Stone Freedom is just
a character that I made up.

700
00:27:52,237 --> 00:27:54,439
- A character?
- Yeah.

701
00:27:54,540 --> 00:27:58,944
I didn't have a lot of
opportunity growing up, OK?

702
00:27:59,044 --> 00:28:00,445
My mother died
when I was a kid.

703
00:28:00,546 --> 00:28:01,980
I was in and out
of foster care.

704
00:28:02,014 --> 00:28:03,348
I didn't do too good at school,

705
00:28:03,415 --> 00:28:07,911
so I always had to hustle
to make ends meet.

706
00:28:07,978 --> 00:28:14,293
And I stumbled upon this weird
little lane in the internet.

707
00:28:14,326 --> 00:28:18,463
But I'm an entertainer,
a provocateur--whatever.

708
00:28:18,564 --> 00:28:19,665
And there is a--

709
00:28:19,698 --> 00:28:22,167
there is a long tradition
of guys like me.

710
00:28:22,200 --> 00:28:23,202
- I'm sorry.

711
00:28:23,268 --> 00:28:25,529
You believe that what you do
is entertaining?

712
00:28:25,596 --> 00:28:27,005
- Call it whatever
you would like,

713
00:28:27,105 --> 00:28:29,333
but comedy, entertainment.

714
00:28:29,366 --> 00:28:32,411
Take a guy like Andy Kaufman
or Andrew Dice Clay--

715
00:28:32,477 --> 00:28:33,637
even Howard Stern.

716
00:28:33,704 --> 00:28:35,080
The character that
he plays on the radio,

717
00:28:35,147 --> 00:28:36,381
that's just part of his gag.

718
00:28:36,448 --> 00:28:40,043
- Are you trying to tell
this jury you're not a racist?

719
00:28:40,143 --> 00:28:43,455
- Yes, that is exactly
what I'm trying to say.

720
00:28:43,555 --> 00:28:48,552
Tyler Duncan is--
I'm not a racist, OK?

721
00:28:48,652 --> 00:28:52,497
But Stone Freedom is a racist.

722
00:28:52,531 --> 00:28:55,801
But when Miles approached me,
I wasn't filming.

723
00:28:55,867 --> 00:29:02,374
So he was talking to me,
Tyler Duncan.

724
00:29:02,474 --> 00:29:03,742
- I see.

725
00:29:03,809 --> 00:29:06,178
So you--you switch
your racism on and off?

726
00:29:06,278 --> 00:29:08,714
- Yeah, sort of.

727
00:29:08,814 --> 00:29:10,816
- Luckily for us,
it doesn't matter

728
00:29:10,849 --> 00:29:12,985
what character you were
playing that night.

729
00:29:13,051 --> 00:29:15,354
What does matter is that you,

730
00:29:15,454 --> 00:29:17,247
the person sitting
directly in front of me,

731
00:29:17,347 --> 00:29:20,692
shot and killed an unarmed
young man named Miles Booker.

732
00:29:20,792 --> 00:29:22,294
- Yes, in self-defense,

733
00:29:22,327 --> 00:29:24,863
because I was afraid
he was gonna kill me.

734
00:29:24,896 --> 00:29:26,732
- All Miles did was punch you.

735
00:29:26,832 --> 00:29:28,433
He didn't even jump on you

736
00:29:28,500 --> 00:29:29,735
when you were down
on the ground.

737
00:29:29,768 --> 00:29:30,802
He told you to get up

738
00:29:30,869 --> 00:29:33,764
so you could finish
your fist fight.

739
00:29:33,864 --> 00:29:35,173
You weren't afraid.

740
00:29:35,240 --> 00:29:37,309
You just wanted to kill
a Black man.

741
00:29:37,376 --> 00:29:39,611
- Objection!
- Sustained.

742
00:29:39,711 --> 00:29:46,585
<i>♪ ♪</i>

743
00:29:46,618 --> 00:29:48,612
- Ms. Cook,

744
00:29:48,679 --> 00:29:52,391
how long have you been married
to Tyler Duncan?

745
00:29:52,424 --> 00:29:54,926
- We went to Martin High
together in New Jersey,

746
00:29:55,027 --> 00:29:57,262
got together
after we graduated,

747
00:29:57,296 --> 00:29:58,497
got married.

748
00:29:58,530 --> 00:30:00,132
It'll be two years
in the spring.

749
00:30:00,232 --> 00:30:01,333
- Like Mr. Duncan,

750
00:30:01,366 --> 00:30:04,002
you are a social media
influencer by trade?

751
00:30:04,069 --> 00:30:05,337
- Yeah.

752
00:30:05,370 --> 00:30:08,440
We both came from the dirt,
but we're online savvy.

753
00:30:08,540 --> 00:30:10,242
We created our characters.

754
00:30:10,308 --> 00:30:12,210
- What's your character?

755
00:30:12,277 --> 00:30:15,881
- Her name is Ava Star,
so beautiful that life is hard.

756
00:30:15,981 --> 00:30:18,316
- If the conceit
of your character is that

757
00:30:18,417 --> 00:30:23,755
being beautiful is hard,
people must be upset.

758
00:30:23,855 --> 00:30:26,291
- That's the whole point.
Get people mad.

759
00:30:26,391 --> 00:30:28,960
- Mr. Duncan uses
the same model.

760
00:30:28,994 --> 00:30:30,429
- Of course.

761
00:30:30,462 --> 00:30:33,432
He's not racist,
if that's what you mean.

762
00:30:33,532 --> 00:30:35,492
I wouldn't tolerate that.

763
00:30:35,559 --> 00:30:38,403
And neither would my family.

764
00:30:38,437 --> 00:30:41,873
I have two little brothers,
and they're with us a lot.

765
00:30:41,940 --> 00:30:43,467
And he's awesome with them.

766
00:30:44,509 --> 00:30:45,836
- Thank you.

767
00:30:45,902 --> 00:30:47,596
- Nothing further.

768
00:30:55,846 --> 00:30:58,924
- As a Black woman,
you're comfortable being with

769
00:30:59,024 --> 00:31:01,351
someone who says
hurtful, hateful things

770
00:31:01,451 --> 00:31:04,196
about Black people for profit?

771
00:31:05,597 --> 00:31:08,333
- Are you telling me
how to live my life, Mr. Price?

772
00:31:08,433 --> 00:31:11,403
<i>[tense music]</i>

773
00:31:11,470 --> 00:31:13,705
- Let me put it another way.

774
00:31:13,772 --> 00:31:19,211
The mere fact that Mr. Duncan
is nice to your family

775
00:31:19,277 --> 00:31:21,913
does not mean
he's not a racist.

776
00:31:21,980 --> 00:31:24,282
It's like saying,
"I'm not a racist.

777
00:31:24,349 --> 00:31:26,551
I have lots of Black friends."

778
00:31:26,651 --> 00:31:29,154
<i>♪ ♪</i>

779
00:31:29,254 --> 00:31:31,690
- When my grandmother got sick
last year,

780
00:31:31,723 --> 00:31:33,650
Tyler figured out a way
how to ship turnip greens

781
00:31:33,717 --> 00:31:37,662
on dry ice back from where
she grew up in Houston.

782
00:31:37,696 --> 00:31:40,532
When she ate them, she cried.

783
00:31:40,632 --> 00:31:43,101
Cried.

784
00:31:43,168 --> 00:31:44,402
You do those sort of things

785
00:31:44,503 --> 00:31:46,438
for your Black friends,
Mr. Price?

786
00:31:46,505 --> 00:31:53,578
<i>♪ ♪</i>

787
00:31:55,080 --> 00:31:56,581
- I didn't think
it was possible,

788
00:31:56,648 --> 00:31:58,717
but the defense made
a pretty compelling case

789
00:31:58,750 --> 00:32:01,353
that Tyler Duncan is not
actually a bigot.

790
00:32:01,453 --> 00:32:03,380
He just plays one
on social media.

791
00:32:03,413 --> 00:32:04,623
- That's better?

792
00:32:04,656 --> 00:32:07,659
- Well, the average age
of our jury is 28.

793
00:32:07,726 --> 00:32:10,720
Young people understand
nothing you see online is true.

794
00:32:10,754 --> 00:32:11,863
It's all an act.

795
00:32:11,897 --> 00:32:13,732
This distinction
the defense is making

796
00:32:13,832 --> 00:32:16,668
is less surprising to those
jurors than it is to you.

797
00:32:16,735 --> 00:32:19,229
- But we can't ignore the fact
that we haven't documented

798
00:32:19,262 --> 00:32:21,473
a single instance
in which Tyler Duncan has

799
00:32:21,540 --> 00:32:23,208
said or done anything racist

800
00:32:23,308 --> 00:32:24,876
when the cameras
aren't rolling.

801
00:32:24,976 --> 00:32:26,011
- When the camera's on,

802
00:32:26,077 --> 00:32:28,013
that's when he becomes
Stone Freedom.

803
00:32:28,046 --> 00:32:29,881
- Right, so we might not be
doing ourselves any favors

804
00:32:29,981 --> 00:32:33,518
by insisting that Stone Freedom
shot Miles Booker.

805
00:32:33,585 --> 00:32:34,953
It was Tyler Duncan.

806
00:32:35,020 --> 00:32:37,856
And to the jury,
there might be a difference.

807
00:32:37,923 --> 00:32:39,850
- I feel like I'm going crazy.
[phone buzzing]

808
00:32:39,916 --> 00:32:43,228
Pretending to be a racist
because it's profitable

809
00:32:43,261 --> 00:32:44,888
is one of the few things
more offensive

810
00:32:44,955 --> 00:32:46,731
than being a racist
in the first place.

811
00:32:46,832 --> 00:32:47,866
- That's odd.

812
00:32:47,966 --> 00:32:50,126
The defense wants to call
a new witness,

813
00:32:50,227 --> 00:32:51,770
somebody we never
heard about before.

814
00:32:51,870 --> 00:32:52,871
- Now?

815
00:32:52,971 --> 00:32:55,106
- Some guy named Barry Vaughan?

816
00:32:55,207 --> 00:32:57,309
Supposedly, he heard Miles

817
00:32:57,375 --> 00:32:59,511
threatening
Tyler Duncan's life.

818
00:32:59,578 --> 00:33:05,066
<i>♪ ♪</i>

819
00:33:10,347 --> 00:33:10,488
.

820
00:33:10,589 --> 00:33:12,148
- My name is Barry Vaughan.

821
00:33:12,282 --> 00:33:15,093
I work at a bar in Sugar Hill,
Coogan's.

822
00:33:15,160 --> 00:33:18,788
- Two blocks from the location
of the incident that night.

823
00:33:18,822 --> 00:33:19,931
- I was bussing tables.

824
00:33:20,031 --> 00:33:21,825
This was 9:30.

825
00:33:21,958 --> 00:33:23,293
This Black guy walks up.

826
00:33:25,403 --> 00:33:26,905
Yeah, that's him.

827
00:33:26,972 --> 00:33:29,332
- He had Stone Freedom's stream
pulled up on his phone.

828
00:33:29,466 --> 00:33:31,610
He was looking for him,
asked a couple customers.

829
00:33:31,676 --> 00:33:33,111
They said,
"Yeah, you just missed him."

830
00:33:33,211 --> 00:33:35,272
He went down the block
that way.

831
00:33:35,338 --> 00:33:38,650
- And before Mr. Booker left
to hunt down Mr. Duncan,

832
00:33:38,717 --> 00:33:40,018
what did he say?

833
00:33:40,118 --> 00:33:41,820
- He said, "I'm gonna put
that son of a bitch

834
00:33:41,920 --> 00:33:43,146
in the ground."

835
00:33:44,339 --> 00:33:46,149
- Nothing more.

836
00:33:47,259 --> 00:33:49,019
- Your witness, Mr. Price.

837
00:33:49,986 --> 00:33:55,133
- You tell anyone about
any of this before today?

838
00:33:55,200 --> 00:33:58,036
A friend? A roommate?

839
00:33:58,103 --> 00:33:59,195
- No.

840
00:33:59,296 --> 00:34:00,505
- A lot of people--

841
00:34:00,605 --> 00:34:02,666
I mean, dare I say,
most people,

842
00:34:02,699 --> 00:34:05,310
if they hear someone
make a death threat,

843
00:34:05,377 --> 00:34:07,112
they call the police.

844
00:34:07,145 --> 00:34:09,481
- I didn't think
it was my business.

845
00:34:09,548 --> 00:34:13,151
- Then what made it
your business, Mr. Vaughan,

846
00:34:13,184 --> 00:34:14,836
after all this time?

847
00:34:14,869 --> 00:34:16,521
<i>[tense music]</i>

848
00:34:16,588 --> 00:34:19,824
- Tom Phillips has been talking
about this case for a while.

849
00:34:19,925 --> 00:34:22,218
And I'm a fan.

850
00:34:22,352 --> 00:34:25,163
He believes there's a real
injustice being committed here.

851
00:34:25,230 --> 00:34:27,566
- Holding a man accountable
for taking another man's life?

852
00:34:27,699 --> 00:34:29,668
Heaven forbid.
- Objection!

853
00:34:29,734 --> 00:34:30,835
- Sustained.

854
00:34:30,902 --> 00:34:32,529
- Phillips said the other night

855
00:34:32,562 --> 00:34:34,472
this case is gonna
come down to the wire.

856
00:34:34,539 --> 00:34:37,242
Anyone with information
that could help Stone Freedom--

857
00:34:37,375 --> 00:34:40,779
sorry, Tyler Duncan--
should stand up.

858
00:34:40,845 --> 00:34:43,515
- So you found the courage.

859
00:34:43,581 --> 00:34:46,242
And there's no record
of this memory,

860
00:34:46,376 --> 00:34:49,788
so until Tom Phillips,
a carnival barker

861
00:34:49,854 --> 00:34:52,657
with a well-documented
aversion to the truth,

862
00:34:52,724 --> 00:34:54,659
begged you to come
to Stone Freedom's rescue--

863
00:34:54,726 --> 00:34:56,061
- Objection, Judge!

864
00:34:56,094 --> 00:34:57,062
- Sustained.

865
00:34:57,195 --> 00:34:58,897
<i>♪ ♪</i>

866
00:34:58,930 --> 00:35:01,591
- You'd never met Miles Booker
before that night?

867
00:35:01,691 --> 00:35:03,059
- Correct.

868
00:35:03,093 --> 00:35:05,220
- So you have no sense
of his temperament, his way?

869
00:35:05,253 --> 00:35:07,005
You can't tell us
if he was being hyperbolic

870
00:35:07,072 --> 00:35:08,974
or venting, joking.

871
00:35:09,040 --> 00:35:10,075
- Didn't sound like a joke.

872
00:35:10,208 --> 00:35:12,394
<i>♪ ♪</i>

873
00:35:12,427 --> 00:35:13,812
- Not that you would know.

874
00:35:13,878 --> 00:35:16,239
<i>♪ ♪</i>

875
00:35:16,272 --> 00:35:17,649
Nothing further.

876
00:35:17,716 --> 00:35:24,789
<i>♪ ♪</i>

877
00:35:29,953 --> 00:35:31,621
- We knew from the get-go
not all the facts

878
00:35:31,755 --> 00:35:32,931
were convenient here.

879
00:35:32,964 --> 00:35:34,933
- Well, we're past that.

880
00:35:35,066 --> 00:35:36,584
- Please tell me
you're not asking me

881
00:35:36,618 --> 00:35:38,236
to feel empathy
for Tyler Duncan.

882
00:35:38,269 --> 00:35:39,404
- Hell no.

883
00:35:39,471 --> 00:35:43,933
No, it's not--
it's not about empathy.

884
00:35:43,967 --> 00:35:46,211
It's about the law, Nick.

885
00:35:46,277 --> 00:35:48,747
It is possible that,

886
00:35:48,847 --> 00:35:51,307
no matter how much
we might despise Duncan,

887
00:35:51,441 --> 00:35:54,586
that strictly,
by the letter of the law,

888
00:35:54,652 --> 00:35:56,571
this was self-defense.

889
00:35:58,448 --> 00:36:00,784
- So what's the play?

890
00:36:03,311 --> 00:36:05,664
- We push to include
manslaughter

891
00:36:05,797 --> 00:36:07,924
as a lesser included offense.

892
00:36:07,991 --> 00:36:10,168
That way, the jury doesn't
have to conclude

893
00:36:10,268 --> 00:36:11,661
that Duncan wasn't afraid,
just that

894
00:36:11,795 --> 00:36:15,106
his fear didn't justify
deadly force.

895
00:36:15,173 --> 00:36:17,375
Hey, it's not perfect.

896
00:36:17,442 --> 00:36:20,845
- Hey, you need to see this.

897
00:36:20,912 --> 00:36:24,015
So after Barry Vaughan's
surprise testimony,

898
00:36:24,115 --> 00:36:26,418
I tracked down the recording
of Tom Phillips

899
00:36:26,484 --> 00:36:28,303
asking his listeners for help.

900
00:36:28,336 --> 00:36:31,389
Phillips mentioned that
he first bonded with Duncan

901
00:36:31,456 --> 00:36:33,058
during a podcast appearance.

902
00:36:33,124 --> 00:36:35,643
So I subpoenaed
the raw recordings

903
00:36:35,677 --> 00:36:37,812
from the podcast--
unaired stuff.

904
00:36:37,846 --> 00:36:39,114
- And?

905
00:36:40,532 --> 00:36:42,434
<i>- Thank you so much having me.</i>
<i>Appreciate that.</i>

906
00:36:42,500 --> 00:36:43,993
<i>- No, I didn't think</i>
<i>we were gonna get you.</i>

907
00:36:44,027 --> 00:36:45,804
<i>I mean, you do</i>
<i>some outrageous stuff.</i>

908
00:36:45,870 --> 00:36:48,173
<i>The Big Apple is ripe.</i>
<i>- Oh, yeah.</i>

909
00:36:48,206 --> 00:36:51,810
<i>- You gotta admit, though,</i>
<i>killing one would be badass,</i>

910
00:36:51,876 --> 00:36:54,112
<i>making the world safer</i>
<i>one brother at a time.</i>

911
00:36:54,179 --> 00:36:55,980
<i>- Of course.</i>
<i>Are you kidding me?</i>

912
00:36:56,081 --> 00:36:58,083
<i>That's the dream, right?</i>

913
00:36:58,149 --> 00:37:00,085
<i>Make money and get</i>
<i>a free kill?</i>

914
00:37:00,151 --> 00:37:01,836
<i>♪ ♪</i>

915
00:37:01,870 --> 00:37:03,646
- Seven weeks
before the murder.

916
00:37:03,713 --> 00:37:05,356
- That's intent.

917
00:37:05,490 --> 00:37:08,560
<i>♪ ♪</i>

918
00:37:08,660 --> 00:37:13,031
He just said
killing a Black man is a bonus.

919
00:37:13,131 --> 00:37:15,200
Tyler Duncan thought
he'd found a loophole,

920
00:37:15,300 --> 00:37:19,337
thought he'd figured out a way
to get away with murder.

921
00:37:19,404 --> 00:37:24,359
In a self-defense case,
this is the Holy Grail.

922
00:37:24,392 --> 00:37:26,703
- You're right.

923
00:37:26,736 --> 00:37:28,546
But who knows if
he really meant it or not?

924
00:37:28,613 --> 00:37:30,340
We know Tyler exaggerates

925
00:37:30,406 --> 00:37:33,218
when he's pretending to be
Stone Freedom.

926
00:37:33,318 --> 00:37:35,120
- Does it matter?

927
00:37:35,186 --> 00:37:39,916
<i>♪ ♪</i>

928
00:37:40,049 --> 00:37:42,494
<i>- Making the world safer</i>
<i>one brother at a time.</i>

929
00:37:42,560 --> 00:37:44,028
<i>- Of course.</i>
<i>Are you kidding me?</i>

930
00:37:44,129 --> 00:37:45,964
<i>That's the dream, right?</i>

931
00:37:46,030 --> 00:37:48,349
<i>Make money and get</i>
<i>a free kill?</i>

932
00:37:49,859 --> 00:37:53,071
- Your Honor, these words
discovered by the People

933
00:37:53,204 --> 00:37:55,106
might sound shocking
on their face,

934
00:37:55,240 --> 00:37:58,935
but this was a moment
of dark humor, bravado.

935
00:37:59,068 --> 00:38:01,613
It does not reflect
Tyler Duncan's state of mind

936
00:38:01,746 --> 00:38:03,206
at the moment of the shooting,

937
00:38:03,273 --> 00:38:04,983
which is the only
legally relevant moment

938
00:38:05,049 --> 00:38:06,417
in a justification defense.

939
00:38:06,518 --> 00:38:07,519
- Wrong.

940
00:38:07,552 --> 00:38:08,912
Your Honor,
this obliterates both

941
00:38:08,945 --> 00:38:11,422
the subjective and objective
planks of the defense.

942
00:38:11,523 --> 00:38:15,084
- A man who planned and hoped
for the circumstances

943
00:38:15,118 --> 00:38:17,929
that would allow him to kill
can't then claim that

944
00:38:17,962 --> 00:38:20,098
he was an unwilling victim
of necessity

945
00:38:20,131 --> 00:38:21,900
when those circumstances occur.

946
00:38:21,966 --> 00:38:24,469
This was the plan, the mission.

947
00:38:24,569 --> 00:38:27,705
- He was letting off steam,
trying to fit in.

948
00:38:27,739 --> 00:38:30,275
- Your Honor,
we now know that Tyler Duncan

949
00:38:30,375 --> 00:38:32,902
was not a reasonable person
responding to a threat.

950
00:38:32,969 --> 00:38:36,105
He was an armed man executing
a premeditated plan,

951
00:38:36,139 --> 00:38:40,418
wearing the language
of self-defense as a disguise.

952
00:38:40,518 --> 00:38:41,903
We know that.

953
00:38:45,924 --> 00:38:49,160
- And the jury must
know that too.

954
00:38:49,227 --> 00:38:52,197
<i>[dramatic music]</i>

955
00:38:52,263 --> 00:38:56,134
<i>♪ ♪</i>

956
00:38:56,167 --> 00:38:57,669
<i>Members of the jury,</i>

957
00:38:57,802 --> 00:39:00,939
I understand
you've reached a verdict.

958
00:39:01,005 --> 00:39:02,632
- We have, Your Honor.

959
00:39:04,275 --> 00:39:06,077
- How do you find
the defendant, Tyler Duncan,

960
00:39:06,144 --> 00:39:08,980
on the charge of murder
in the second degree?

961
00:39:09,013 --> 00:39:11,007
Guilty or not guilty?

962
00:39:11,140 --> 00:39:14,819
- We find the defendant guilty.

963
00:39:14,919 --> 00:39:17,322
- As to whether the defendant
committed this offense

964
00:39:17,355 --> 00:39:19,457
in whole or substantial part
because of a belief

965
00:39:19,524 --> 00:39:22,126
or perception regarding
the race of the victim,

966
00:39:22,227 --> 00:39:23,361
how do you find?

967
00:39:23,461 --> 00:39:24,829
- The People have also
proven this

968
00:39:24,929 --> 00:39:26,481
beyond a reasonable doubt.

969
00:39:26,514 --> 00:39:29,033
The defendant is also guilty
of a hate crime.

970
00:39:29,167 --> 00:39:31,169
- This is an outrage!
[crowd shouting]

971
00:39:31,269 --> 00:39:33,638
[gavel banging]
- Order! Order!

972
00:39:33,738 --> 00:39:35,974
Order! Order!

973
00:39:36,040 --> 00:39:39,510
We will not tolerate outbursts
in this courtroom.

974
00:39:39,644 --> 00:39:40,812
<i>♪ ♪</i>

975
00:39:40,912 --> 00:39:42,347
- I love you.

976
00:39:42,380 --> 00:39:44,382
- I'm sorry.

977
00:39:48,044 --> 00:39:49,320
- Are you OK?

978
00:39:49,387 --> 00:39:50,755
- Thank you.

979
00:39:50,822 --> 00:39:53,157
Thank you for giving us
some sense of peace.

980
00:39:53,224 --> 00:39:54,292
- Of course.

981
00:39:54,359 --> 00:39:56,060
Let me walk you out.

982
00:39:56,127 --> 00:39:57,562
- OK.

983
00:39:57,629 --> 00:40:00,031
<i>[solemn music]</i>

984
00:40:00,064 --> 00:40:01,766
- Nice work.

985
00:40:01,833 --> 00:40:04,035
<i>♪ ♪</i>

986
00:40:04,068 --> 00:40:06,170
Tyler Duncan got
what he deserved

987
00:40:06,237 --> 00:40:09,073
in the eyes of God and the law.

988
00:40:10,908 --> 00:40:14,178
- Damn right, he did.

989
00:40:14,279 --> 00:40:16,781
- Let's go get a drink.

990
00:40:16,848 --> 00:40:21,336
<i>♪ ♪</i>

991
00:40:22,587 --> 00:40:25,673
[wolf howls]

992
00:40:28,660 --> 00:40:31,562
<i>[dramatic music]</i>

993
00:40:31,696 --> 00:40:38,686
<i>♪ ♪</i>


