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1
00:00:00,427 --> 00:00:03,584
You two are in the streets
protesting all day every day.
2
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I'm concerned about you and your son.
3
00:00:05,444 --> 00:00:07,221
- What happened?
- This cop roughed me up,
4
00:00:07,245 --> 00:00:08,890
and then they cuffed me
and they brought me here.
5
00:00:08,914 --> 00:00:10,324
I found a case.
6
00:00:10,348 --> 00:00:11,559
Andy Josiah.
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He shot him in the back.
In front of his son.
8
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What you think about representin' me?
9
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Take these muthas to task.
10
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Family's been advised to
discontinue medical assistance.
11
00:00:21,126 --> 00:00:22,937
He fought like hell.
12
00:00:22,961 --> 00:00:24,305
That's what we need to do.
13
00:00:24,329 --> 00:00:27,642
My husband, Andy, was shot
in front of our son.
14
00:00:27,666 --> 00:00:29,577
I am asking Attorney General Burke
15
00:00:29,601 --> 00:00:31,245
to do the right thing.
16
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I got a solution.
17
00:00:32,404 --> 00:00:34,782
You appoint a special prosecutor.
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00:00:34,806 --> 00:00:35,981
Aaron Wallace.
19
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You're out of your mind.
20
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You give him free rein,
21
00:00:38,410 --> 00:00:40,354
and it goes up in flames,
it falls on him.
22
00:00:40,378 --> 00:00:42,523
And if against all odds, he succeeds,
23
00:00:42,547 --> 00:00:45,760
a nice halo effect
for you and your legacy.
24
00:00:45,784 --> 00:00:51,222
Synced & corrected by -robtor-
www.addic7ed.com
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Today is a new day.
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A day when the shooting and killing
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of unarmed people of color
28
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will no longer be swept under the rug.
29
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Andy Josiah's family deserves
30
00:01:01,500 --> 00:01:04,745
a full, transparent
investigation into his death,
31
00:01:04,769 --> 00:01:08,149
which is why I have
appointed Aaron Wallace
32
00:01:08,173 --> 00:01:10,651
as special prosecutor in this case.
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While I recognize it is
an unprecedented decision,
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I believe these are unprecedented times
35
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and Mr. Wallace is the right
man to take this on.
36
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My man.
37
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You asked for this.
38
00:01:28,727 --> 00:01:30,326
Thank you, Attorney General Burke.
39
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This is crazy.
40
00:01:32,864 --> 00:01:35,576
Yeah, Facebook and Insta
are blowing up, too.
41
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I know the eyes of the city are on us.
42
00:01:37,502 --> 00:01:38,946
I know people are hurting.
43
00:01:38,970 --> 00:01:41,983
All I ask for is your patience
and your trust.
44
00:01:42,007 --> 00:01:46,476
In return, I promise you this...
45
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We will do whatever it takes
46
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in order to do what's right,
for this case
47
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and this family.
48
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Okay, the site just
49
00:02:01,459 --> 00:02:03,526
tripled its previous traffic peak.
50
00:02:04,763 --> 00:02:07,375
Careful what you promise, Jazz.
51
00:02:07,399 --> 00:02:09,610
Whatever you say, you're
speaking for him now, and...
52
00:02:09,634 --> 00:02:13,102
he just put himself in the hot seat.
53
00:02:13,471 --> 00:02:15,838
You really think you can do this?
54
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I don't know.
55
00:02:19,144 --> 00:02:21,622
But I'm gonna die trying.
56
00:02:21,646 --> 00:02:23,824
Please don't go that far, Aaron.
57
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It's what Andy deserves.
58
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Nothing less.
59
00:02:28,027 --> 00:02:30,064
You know I don't want
to get my hopes up.
60
00:02:30,088 --> 00:02:31,432
I'm not saying you should.
61
00:02:31,456 --> 00:02:33,834
'Cause they're gonna come at us
with everything they got.
62
00:02:33,858 --> 00:02:38,595
What I am saying,
there's nothing I won't do.
63
00:02:41,299 --> 00:02:42,810
- Hey.
- Hey.
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00:02:42,834 --> 00:02:44,445
How are you? Come in.
65
00:02:44,469 --> 00:02:45,713
Thanks.
66
00:02:45,737 --> 00:02:47,315
Hope I'm not interrupting anything.
67
00:02:47,339 --> 00:02:49,016
No. The kids are at Anya's this week,
68
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so it's just me and my quarantine.
69
00:02:50,542 --> 00:02:51,619
Can I get you anything?
70
00:02:51,643 --> 00:02:52,954
No. No, no, I'm good.
71
00:02:52,978 --> 00:02:54,355
I saw the press conference.
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You did well.
73
00:02:56,047 --> 00:02:57,058
Thanks.
74
00:02:57,082 --> 00:02:58,659
That's why I'm here.
75
00:02:59,918 --> 00:03:01,562
I want you to join me and Henry.
76
00:03:02,478 --> 00:03:03,731
But I'm not a prosecutor.
77
00:03:03,755 --> 00:03:04,932
It's okay. He was.
78
00:03:04,956 --> 00:03:06,834
Yeah, for three years
when he was in his 20s.
79
00:03:06,858 --> 00:03:09,036
And he still knows all
the tricks inside and out,
80
00:03:09,060 --> 00:03:11,105
and so do you...
Just from the other side.
81
00:03:12,301 --> 00:03:13,455
You brought me that case
82
00:03:13,518 --> 00:03:15,376
because something was
burning inside of you.
83
00:03:15,950 --> 00:03:18,446
But you could have anybody
you want for this.
84
00:03:21,029 --> 00:03:23,617
I need people I can trust.
85
00:03:23,992 --> 00:03:25,174
And that's you and Henry.
86
00:03:27,253 --> 00:03:29,781
So I got the file from
the Staten Island D.A.
87
00:03:29,805 --> 00:03:31,034
Charlotte's got copies for you.
88
00:03:31,058 --> 00:03:33,292
It's pretty thin. Big surprise here...
89
00:03:33,317 --> 00:03:35,228
Can't say they did much due diligence.
90
00:03:35,252 --> 00:03:37,097
Anyway, here's the gist.
91
00:03:37,121 --> 00:03:38,498
According to the police report,
92
00:03:38,522 --> 00:03:40,934
they pulled Andy over because
he was driving with his cell.
93
00:03:40,958 --> 00:03:42,902
Wait a minute. He told me
it was for an illegal U-turn.
94
00:03:42,926 --> 00:03:44,638
Then they changed their story
after the fact.
95
00:03:44,662 --> 00:03:46,306
Well, without Andy, it's hearsay.
96
00:03:46,330 --> 00:03:48,775
The report was filled out
by Phillip Matranga,
97
00:03:48,799 --> 00:03:51,162
junior cop, six years on the job.
98
00:03:51,195 --> 00:03:53,670
Officer Edgar Lindsley, the shooter,
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00:03:53,694 --> 00:03:55,940
never signed the report
or filled out his own.
100
00:03:56,027 --> 00:03:57,137
They're dragging their feet
101
00:03:57,161 --> 00:03:58,305
to give him time to adjust his story.
102
00:03:58,329 --> 00:04:00,674
Matranga's report, which was sparse,
103
00:04:00,698 --> 00:04:05,412
says that Andy was belligerent
and uncooperative.
104
00:04:05,436 --> 00:04:06,713
They got him out of the car.
105
00:04:06,737 --> 00:04:08,715
They said he was arguing and resisting.
106
00:04:08,739 --> 00:04:09,783
It doesn't even say anything about
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the part where they shot him.
108
00:04:11,142 --> 00:04:13,253
It's only about Andy's so-called crimes.
109
00:04:13,277 --> 00:04:15,722
There was no internal
investigation about the shooting.
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00:04:15,746 --> 00:04:17,758
No witnesses, no crime scene photos,
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no cop interviews.
112
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No one's even allowed to interview them
113
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in the first 48 hours after a shooting.
114
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Because it's so traumatic.
115
00:04:24,360 --> 00:04:25,437
But really it's just so they have time
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to get their stories straight.
117
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How long's Lindsley been on the force?
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22 years.
119
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This can't be the first time
he's had an incident.
120
00:04:34,804 --> 00:04:37,416
Well, there's no prior
disciplinary reports in the file.
121
00:04:37,440 --> 00:04:38,517
We can subpoena for them.
122
00:04:38,541 --> 00:04:39,618
Yeah, but even if we can show
123
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the shooter has a checkered history,
124
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we've got nothing without
witnesses or video.
125
00:04:44,072 --> 00:04:45,648
I'm assuming there were no body cams?
126
00:04:45,672 --> 00:04:48,017
No. And no witnesses
with cellphones either.
127
00:04:48,045 --> 00:04:49,222
Our only chance of video is surveillance
128
00:04:49,246 --> 00:04:50,290
from the cams in the neighborhood.
129
00:04:50,314 --> 00:04:52,258
Well, let's take a ride
out to the bodega.
130
00:04:52,282 --> 00:04:53,460
Okay, you and me do that.
131
00:04:53,484 --> 00:04:55,628
You issue a subpoena for
the disciplinary reports?
132
00:04:55,652 --> 00:04:56,963
Charlotte's already writing it up,
133
00:04:56,987 --> 00:04:59,032
and I got a time set up to see
the judge in a couple hours.
134
00:04:59,056 --> 00:05:00,767
Let's meet back here after that.
135
00:05:00,791 --> 00:05:01,901
Compare notes.
136
00:05:01,925 --> 00:05:03,603
Rock and roll.
137
00:05:38,454 --> 00:05:39,786
Look.
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00:05:43,347 --> 00:05:45,092
Hello.
139
00:05:45,117 --> 00:05:46,761
Welcome.
140
00:05:46,785 --> 00:05:48,363
I'm Safiya Masry.
141
00:05:48,387 --> 00:05:49,998
Oh, Masry? You're Syrian?
142
00:05:50,022 --> 00:05:51,799
Oh Egyptian, actually.
143
00:05:51,823 --> 00:05:53,935
I was born in Tehran. Salaam-Alaikum.
144
00:05:53,959 --> 00:05:55,403
Wa-Alaikum-Salaam.
145
00:05:55,427 --> 00:05:57,972
We're here about what happened
to Andy Josiah.
146
00:05:57,996 --> 00:06:00,742
And I didn't see anything.
I already told the police that.
147
00:06:00,766 --> 00:06:02,349
But you must have heard the shots.
148
00:06:02,373 --> 00:06:04,183
Of course. I came outside,
149
00:06:04,207 --> 00:06:07,530
but the police told me
to stay in here for my safety.
150
00:06:07,555 --> 00:06:09,290
Get a pack of the usual.
151
00:06:12,793 --> 00:06:16,039
So, you're going after those cops, huh?
152
00:06:16,063 --> 00:06:17,674
Guess you watch the news.
153
00:06:17,698 --> 00:06:18,842
Yeah.
154
00:06:18,866 --> 00:06:20,777
I'm kind of hoping to be on the jury.
155
00:06:25,973 --> 00:06:28,418
The people here...
They admire the police.
156
00:06:28,442 --> 00:06:29,586
Yeah.
157
00:06:29,610 --> 00:06:31,321
Look, I know you didn't see
anything that night,
158
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but were there any customers here
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who might have seen something?
160
00:06:34,568 --> 00:06:36,893
No, it was a very slow night.
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00:06:36,918 --> 00:06:39,363
Because of the virus,
most nights are like that now.
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00:06:39,387 --> 00:06:41,065
And what about video surveillance?
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00:06:41,089 --> 00:06:43,267
I see you have a camera
on the side of the building.
164
00:06:43,291 --> 00:06:45,703
Oh, that... that camera
has been broken for weeks.
165
00:06:49,364 --> 00:06:51,909
I'll take two halva for the road.
166
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It's on the house.
167
00:06:54,836 --> 00:06:56,669
Well, thank you.
168
00:07:01,887 --> 00:07:03,881
Convenient. Cameras broke.
169
00:07:03,915 --> 00:07:06,156
If the cops got to him,
that means he already erased it.
170
00:07:10,295 --> 00:07:11,272
Henry.
171
00:07:11,296 --> 00:07:12,674
Judge just shot down our subpoena
172
00:07:12,698 --> 00:07:14,542
for cops' disciplinary records.
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00:07:14,566 --> 00:07:15,577
What?!
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00:07:15,601 --> 00:07:17,312
Called it a fishing expedition.
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00:07:17,336 --> 00:07:18,813
Then he gave me a pretty hefty lecture
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about due process and
the dignity of law enforcement.
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00:07:22,307 --> 00:07:23,585
Everyone was right.
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00:07:23,609 --> 00:07:26,154
We don't stand a chance
if we try the case here.
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00:07:26,178 --> 00:07:28,990
We certainly have a hand
tied behind our backs.
180
00:07:29,219 --> 00:07:30,663
And it doesn't get any better.
181
00:07:30,687 --> 00:07:32,865
Put me on speaker
and take a look at your texts.
182
00:07:32,889 --> 00:07:34,333
- There's a link.
- What is it?
183
00:07:36,168 --> 00:07:38,638
"Living a party life with thug friends."
184
00:07:38,662 --> 00:07:41,341
Guy in the picture, the one
he's got his arm around,
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he was convicted of
home invasion burglary.
186
00:07:43,667 --> 00:07:45,144
You know what this is.
187
00:07:45,168 --> 00:07:47,447
Of course I do.
But it's not a good look, Aaron.
188
00:07:47,471 --> 00:07:48,915
You better go see Elaine.
189
00:07:48,939 --> 00:07:50,283
And cross-examine her?
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00:07:50,307 --> 00:07:52,385
Make sure we got an answer for this.
191
00:08:01,125 --> 00:08:02,369
Damn it!
192
00:08:02,393 --> 00:08:03,403
What's going on?
193
00:08:03,427 --> 00:08:05,005
They're calling Andy a thug.
194
00:08:05,029 --> 00:08:06,073
Like we don't know what that's code for.
195
00:08:06,992 --> 00:08:08,475
- Ronnie.
- What?
196
00:08:08,499 --> 00:08:09,609
What's wrong with you?
197
00:08:10,244 --> 00:08:11,906
What do you mean? Nothing.
198
00:08:12,747 --> 00:08:15,273
I just think maybe you're taking this...
199
00:08:15,297 --> 00:08:16,908
Do you see what they're doing to him?
200
00:08:16,932 --> 00:08:18,342
You think that's all right?
201
00:08:18,366 --> 00:08:19,844
I didn't say it was all right.
I don't think it's all right.
202
00:08:19,868 --> 00:08:21,512
Then don't tell me to calm down!
203
00:08:29,990 --> 00:08:31,382
I don't know what's going on with him.
204
00:08:31,407 --> 00:08:33,118
Just give him a couple minutes.
He'll cool down.
205
00:08:33,142 --> 00:08:34,453
He's getting worse.
206
00:08:34,477 --> 00:08:36,243
But he won't admit anything's wrong.
207
00:08:38,781 --> 00:08:41,259
- Come on in.
- Aaron!
208
00:08:41,283 --> 00:08:43,328
Hey, big man.
209
00:08:43,352 --> 00:08:45,169
- How we doin'?
- I'm good.
210
00:08:45,205 --> 00:08:47,398
Marcel, this is Safiya Masry.
211
00:08:47,423 --> 00:08:48,567
She's working on the case with me.
212
00:08:48,591 --> 00:08:49,835
Hi.
213
00:08:49,859 --> 00:08:52,070
Marcel still comin' to sleep
in your bed at night?
214
00:08:52,094 --> 00:08:54,317
I told him he can just sleep with me,
215
00:08:54,342 --> 00:08:56,787
but he always wants to try his own room.
216
00:08:56,811 --> 00:08:58,389
Hmm.
217
00:08:58,413 --> 00:09:00,958
I remember Jazz came to visit me
at Bellmore.
218
00:09:01,504 --> 00:09:03,394
She got a shoulder injury
from gymnastics,
219
00:09:03,418 --> 00:09:05,062
and every time I asked her how it was,
220
00:09:05,086 --> 00:09:06,764
she'd act like it was fine.
221
00:09:06,788 --> 00:09:08,432
9 years old.
222
00:09:08,856 --> 00:09:10,756
She didn't want to put it on me.
223
00:09:12,280 --> 00:09:15,773
It breaks my heart seeing him
all twisted up.
224
00:09:16,452 --> 00:09:19,364
But you coming by...
225
00:09:19,388 --> 00:09:21,833
I told him you're the one who's
gonna fight for his father,
226
00:09:21,857 --> 00:09:24,425
make sure people don't forget
who he really was.
227
00:09:27,963 --> 00:09:29,807
Elaine, we got to show you something.
228
00:09:29,831 --> 00:09:31,431
It's about Andy.
229
00:09:37,148 --> 00:09:39,559
That picture's gotta be 10 years ago.
230
00:09:39,583 --> 00:09:40,961
And the guy he's posing with?
231
00:09:40,985 --> 00:09:41,995
I don't think we've seen him
232
00:09:42,019 --> 00:09:43,931
since before I was pregnant with Marcel.
233
00:09:43,955 --> 00:09:45,365
They're trying to poison the jury.
234
00:09:45,389 --> 00:09:46,934
Make your husband seem like a threat
235
00:09:46,958 --> 00:09:49,036
so they can argue
the shooting was justified.
236
00:09:49,060 --> 00:09:52,004
Well, Andy never had
any problems with the law.
237
00:09:52,029 --> 00:09:53,573
Neither did any of his friends.
238
00:09:53,597 --> 00:09:54,941
We understand.
239
00:09:54,965 --> 00:09:56,209
When it comes to trial,
240
00:09:56,233 --> 00:09:58,477
we'll be able to call
plenty of character witnesses.
241
00:10:01,213 --> 00:10:04,592
Talking about a trial...
People are saying
242
00:10:04,616 --> 00:10:07,017
that there's a whole range
of charges you can bring.
243
00:10:08,086 --> 00:10:10,120
We're not supposed to talk specifics.
244
00:10:11,290 --> 00:10:13,434
But generally speaking,
245
00:10:13,458 --> 00:10:15,370
in a case like this,
246
00:10:15,394 --> 00:10:17,171
prosecution can present charges
247
00:10:17,195 --> 00:10:19,113
ranging from murder in the second degree
248
00:10:19,140 --> 00:10:20,684
to criminally negligent homicide,
249
00:10:20,708 --> 00:10:22,786
with manslaughter in the middle.
250
00:10:23,060 --> 00:10:26,662
Well, they shot him in the back.
251
00:10:28,833 --> 00:10:30,778
So how is that not murder?
252
00:10:30,802 --> 00:10:33,447
Given how hard these cases are
against cops,
253
00:10:33,471 --> 00:10:35,883
even getting lower charges
past a Grand Jury
254
00:10:35,907 --> 00:10:37,317
can be very difficult.
255
00:10:37,341 --> 00:10:39,500
Especially in a place
like Staten Island.
256
00:10:39,577 --> 00:10:42,122
Which is so sympathetic
to law enforcement.
257
00:10:42,146 --> 00:10:44,592
So you want to low-ball
right off the bat?
258
00:10:44,616 --> 00:10:45,926
It's still early.
259
00:10:45,950 --> 00:10:47,661
We don't even know
what evidence we have.
260
00:10:47,918 --> 00:10:50,719
But we do think the cops lied
about why they stopped Andy.
261
00:10:58,462 --> 00:10:59,580
Elaine.
262
00:11:00,998 --> 00:11:03,709
It would really help
if we could talk to Marcel.
263
00:11:13,819 --> 00:11:15,630
Marcel.
264
00:11:15,654 --> 00:11:17,799
If you're gonna treat her
like the client,
265
00:11:17,823 --> 00:11:19,801
then we need to manage
expectations, Aaron,
266
00:11:19,825 --> 00:11:21,369
from the beginning.
267
00:11:25,029 --> 00:11:26,840
I was in the back seat.
268
00:11:26,864 --> 00:11:29,209
We were looking for Tank
because I lost him
269
00:11:29,233 --> 00:11:31,077
and he was my favorite.
270
00:11:31,545 --> 00:11:33,178
And Tank is your toy?
271
00:11:34,348 --> 00:11:36,026
Then the lights went on.
272
00:11:36,050 --> 00:11:38,328
The loud ones with the different colors.
273
00:11:38,352 --> 00:11:41,198
Then we stopped.
274
00:11:41,222 --> 00:11:43,934
That's when your dad
pulled over? With the car?
275
00:11:44,750 --> 00:11:46,903
But the loud lights kept going.
276
00:11:47,461 --> 00:11:49,373
Then the man came.
277
00:11:49,397 --> 00:11:51,697
They started pushing my dad.
278
00:11:55,049 --> 00:11:57,449
It's alright, we don't have to
talk about that part right now.
279
00:12:00,241 --> 00:12:02,753
I just want to know if you can
remember before that.
280
00:12:03,906 --> 00:12:05,693
Do you remember if they told your dad
281
00:12:05,717 --> 00:12:07,762
why they asked him to stop the car?
282
00:12:15,627 --> 00:12:20,508
What did the man say
after your dad stopped the car?
283
00:12:21,537 --> 00:12:24,278
They said he did something wrong
with his driving,
284
00:12:24,974 --> 00:12:27,553
the way he turned in the street.
285
00:12:27,577 --> 00:12:28,954
A U-turn?
286
00:12:28,978 --> 00:12:30,689
Yeah.
287
00:12:30,713 --> 00:12:33,192
Nothing about him
talking on his cellphone?
288
00:12:33,591 --> 00:12:35,994
No, I had the phone.
289
00:12:36,402 --> 00:12:38,013
Oh, you did?
290
00:12:38,037 --> 00:12:40,514
He was letting me watch elephants on it.
291
00:12:42,308 --> 00:12:43,819
Elephants?
292
00:12:43,843 --> 00:12:48,190
I dropped it on the floor when
everything started happening.
293
00:12:48,214 --> 00:12:51,949
When I was trying to
get out of my car seat, I...
294
00:12:54,120 --> 00:12:55,564
That's okay, big man.
295
00:12:55,588 --> 00:12:57,666
We don't have to talk no more.
296
00:12:58,135 --> 00:12:59,846
You did great.
297
00:12:59,871 --> 00:13:01,638
Thank you so much.
298
00:13:04,430 --> 00:13:06,942
I don't want you to ask him to testify.
299
00:13:06,966 --> 00:13:09,611
The cops lied about
why they stopped Andy.
300
00:13:09,635 --> 00:13:11,279
This may be the only way to prove it.
301
00:13:11,710 --> 00:13:13,221
They shot him for no reason.
302
00:13:13,245 --> 00:13:14,689
Why they stopped him shouldn't matter.
303
00:13:14,713 --> 00:13:16,558
If they lied, it goes to
their credibility.
304
00:13:16,582 --> 00:13:18,326
I understand what you're saying,
305
00:13:18,350 --> 00:13:20,895
but I'm not gonna put Marcel
through that.
306
00:13:21,347 --> 00:13:22,931
You're right.
307
00:13:23,307 --> 00:13:24,532
We'll find another way.
308
00:13:28,412 --> 00:13:30,731
Would you have put Justin
or Zoe through that?
309
00:13:31,215 --> 00:13:32,459
When they were 7?
310
00:13:32,483 --> 00:13:34,227
I'd hate it.
311
00:13:34,251 --> 00:13:36,129
But when they grew up,
I wouldn't want them asking
312
00:13:36,153 --> 00:13:37,664
why I didn't let them help.
313
00:13:37,688 --> 00:13:39,066
Hey, Sherwin.
314
00:13:39,615 --> 00:13:42,191
That's the guy from the bodega.
315
00:13:44,628 --> 00:13:46,440
I'm sorry to bother you,
316
00:13:46,464 --> 00:13:48,508
but I found this.
317
00:13:48,532 --> 00:13:52,212
And when I realized it must've
belonged to Marcel...
318
00:13:53,187 --> 00:13:55,040
I'm so sorry.
319
00:13:55,064 --> 00:13:56,541
That's very kind of you, Sherwin.
320
00:13:56,565 --> 00:13:57,976
He does love this.
321
00:13:58,000 --> 00:14:00,412
If there's anything else
I can do for you
322
00:14:00,436 --> 00:14:01,407
or Marcel...
323
00:14:01,432 --> 00:14:02,456
Thank you.
324
00:14:02,498 --> 00:14:04,160
You have always been very kind,
325
00:14:04,185 --> 00:14:06,163
and you know how much Andy liked you.
326
00:14:06,187 --> 00:14:09,533
Well, I-I should go.
327
00:14:09,557 --> 00:14:11,301
I-I will pray for your family.
328
00:14:11,325 --> 00:14:12,523
Thank you.
329
00:14:13,691 --> 00:14:15,772
He is a very nice man.
330
00:14:15,796 --> 00:14:18,988
I'm sure all this publicity
has been bad for his business.
331
00:14:19,533 --> 00:14:21,545
Will you tell Mr. Wallace
I'll be right back?
332
00:14:22,032 --> 00:14:23,747
Uh, Sherwin?
333
00:14:23,771 --> 00:14:25,015
Sherwin?
334
00:14:25,039 --> 00:14:26,349
Ah.
335
00:14:26,373 --> 00:14:28,885
I didn't... I didn't realize
that you knew this family.
336
00:14:28,909 --> 00:14:32,159
Oh, yes, they... they have been
customers for years.
337
00:14:32,184 --> 00:14:34,262
Well, you didn't mention that
when we came to your store.
338
00:14:34,286 --> 00:14:36,097
Didn't I?
339
00:14:36,121 --> 00:14:38,666
You know, if the cops told you
to get rid of that video,
340
00:14:38,690 --> 00:14:40,235
we need to know.
341
00:14:40,259 --> 00:14:43,471
No, I-I told them the same thing as you,
342
00:14:43,495 --> 00:14:45,206
that the camera was broken.
343
00:14:45,230 --> 00:14:48,176
Then I'm asking you
if you told them the truth.
344
00:14:48,200 --> 00:14:50,278
Because I'm having a hard time believing
345
00:14:50,302 --> 00:14:52,113
that someone who's worked as hard as you
346
00:14:52,137 --> 00:14:53,515
to build that business
347
00:14:53,539 --> 00:14:57,935
lets their security system
sit like that, broken for weeks.
348
00:14:57,960 --> 00:15:00,539
I-I-I told you that business was bad...
349
00:15:00,563 --> 00:15:04,555
Sherwin, there is no justice
in this world without sacrifice.
350
00:15:04,587 --> 00:15:07,079
So don't tell that woman
you're gonna pray for her family
351
00:15:07,103 --> 00:15:08,814
when you won't even do
what's in your control
352
00:15:08,838 --> 00:15:10,805
to help her find some peace.
353
00:15:12,108 --> 00:15:13,118
You... You don't understand.
354
00:15:13,142 --> 00:15:14,820
No, Andy Josiah is dead.
355
00:15:14,844 --> 00:15:16,789
Marcel is without a father.
356
00:15:16,813 --> 00:15:19,764
If you have evidence about
what happened and you hide it,
357
00:15:19,788 --> 00:15:21,425
you're complicit.
358
00:15:21,790 --> 00:15:23,534
And if we find out,
359
00:15:23,559 --> 00:15:25,993
you can be charged with
obstruction of justice.
360
00:15:29,278 --> 00:15:31,990
I have my own family.
361
00:15:32,161 --> 00:15:34,273
I could lose everything.
362
00:15:34,297 --> 00:15:36,241
I understand that you were scared
363
00:15:36,265 --> 00:15:37,876
and that you didn't
want to get involved,
364
00:15:37,900 --> 00:15:39,311
and I know how hard it can be,
365
00:15:39,335 --> 00:15:42,821
but now you don't have a choice.
366
00:15:44,340 --> 00:15:46,685
Show us the video.
367
00:15:46,709 --> 00:15:49,054
And I promise we can protect you.
368
00:16:31,779 --> 00:16:33,347
Should I rewind it?
369
00:16:34,957 --> 00:16:37,283
I'll watch that part later.
370
00:16:44,483 --> 00:16:46,427
Matranga said in his report
371
00:16:46,451 --> 00:16:48,696
that Andy was belligerent and resisting,
372
00:16:48,720 --> 00:16:51,432
but Matranga was in the squad car.
373
00:16:59,931 --> 00:17:01,943
Pointing the gun at Marcel.
374
00:17:02,359 --> 00:17:05,938
Grand Jury won't like that,
even in Staten Island.
375
00:17:05,963 --> 00:17:07,808
Sherwin's willing to testify
and authenticate this?
376
00:17:07,832 --> 00:17:09,910
I told him the video is
inadmissible without him,
377
00:17:09,934 --> 00:17:11,445
so yeah, he'll do it.
378
00:17:11,469 --> 00:17:12,913
I got some goodies.
379
00:17:12,937 --> 00:17:15,582
And we got video from the bodega.
380
00:17:15,606 --> 00:17:18,318
But we can show you after.
What's in the folder?
381
00:17:18,912 --> 00:17:20,254
Is everyone okay?
382
00:17:20,678 --> 00:17:22,811
Tell me you got something
on the shooter.
383
00:17:23,881 --> 00:17:26,920
14 civilian complaints
in the last 8 years.
384
00:17:26,945 --> 00:17:28,956
All the reports completely unredacted.
385
00:17:28,980 --> 00:17:30,992
Names of witnesses, contact info,
386
00:17:31,016 --> 00:17:32,894
- the whole nine yards.
- Where'd you get these?
387
00:17:32,918 --> 00:17:35,526
I got an old friend at the
Civilian Complaint Review Board.
388
00:17:35,551 --> 00:17:37,629
And all these would've been
submitted to the NYPD?
389
00:17:37,653 --> 00:17:39,664
At least the six
that were substantiated.
390
00:17:40,147 --> 00:17:41,466
What the department did with them,
391
00:17:41,490 --> 00:17:42,534
we still don't know.
392
00:17:42,558 --> 00:17:44,067
They buried 'em.
393
00:17:44,493 --> 00:17:47,628
Otherwise that scumbag
wouldn't be on the streets.
394
00:17:52,222 --> 00:17:53,799
Ladies and gentlemen, I give you
395
00:17:53,823 --> 00:17:55,662
the price of unchecked power.
396
00:17:56,426 --> 00:17:59,293
Get on the ground!
397
00:18:01,069 --> 00:18:02,714
You alright?
398
00:18:02,739 --> 00:18:03,749
What?
399
00:18:04,000 --> 00:18:05,177
Yeah, I'm fine.
400
00:18:05,201 --> 00:18:07,235
I... Jazz sent me down here
to put this away.
401
00:18:08,972 --> 00:18:10,427
Ronnie.
402
00:18:12,676 --> 00:18:15,855
Sometimes it's easier to talk
to someone less close to you.
403
00:18:16,558 --> 00:18:18,457
Did Jazz say something?
404
00:18:18,481 --> 00:18:20,114
We're all concerned.
405
00:18:24,120 --> 00:18:26,532
I just keep seeing them on top of me.
406
00:18:28,069 --> 00:18:29,098
One of them,
407
00:18:29,123 --> 00:18:31,669
he's screaming so loud,
I can smell his breath,
408
00:18:31,693 --> 00:18:32,991
and he's just...
409
00:18:34,762 --> 00:18:36,907
kneeling on my chest.
410
00:18:45,106 --> 00:18:47,172
It's gonna take some time.
411
00:18:48,215 --> 00:18:50,020
But the more you talk about it,
412
00:18:50,044 --> 00:18:53,190
the more you let yourself
have these feelings.
413
00:18:53,762 --> 00:18:55,459
It's how you're gonna heal.
414
00:18:56,598 --> 00:18:58,284
Well, I want to be more like Aaron.
415
00:18:59,785 --> 00:19:01,296
He just keeps fighting.
416
00:19:02,271 --> 00:19:04,365
He's got plenty he's dealing with,
417
00:19:04,389 --> 00:19:06,734
but he had to learn
how to talk about it, too.
418
00:19:06,758 --> 00:19:08,258
Trust me.
419
00:19:14,071 --> 00:19:15,348
Come here.
420
00:19:15,373 --> 00:19:16,605
Come here.
421
00:19:34,936 --> 00:19:36,814
Okay, I'll be home later.
422
00:19:36,838 --> 00:19:38,271
Night, Marie.
423
00:19:42,894 --> 00:19:44,588
For what it's worth,
424
00:19:44,612 --> 00:19:46,724
Marie thinks we should go for murder.
425
00:19:46,748 --> 00:19:48,390
Everyone she talks to agrees.
426
00:19:48,415 --> 00:19:49,892
I don't know, Aaron.
427
00:19:50,043 --> 00:19:52,555
Look, you guys both know I want
to go for all the marbles,
428
00:19:52,579 --> 00:19:55,625
but there might be another play.
429
00:19:55,649 --> 00:19:56,926
Tell me.
430
00:19:57,308 --> 00:19:58,652
We start conservative,
431
00:19:58,677 --> 00:20:00,421
go for the lower charge
in Staten Island.
432
00:20:00,445 --> 00:20:01,556
That way, we don't risk
433
00:20:01,580 --> 00:20:03,424
having the Grand Jury
reject the charges.
434
00:20:03,448 --> 00:20:04,559
Builds our credibility.
435
00:20:04,583 --> 00:20:06,060
Maybe in Staten Island.
436
00:20:06,298 --> 00:20:07,476
Not in my community.
437
00:20:07,853 --> 00:20:09,397
It'll be a little ugly at first,
438
00:20:09,421 --> 00:20:11,365
but then we ask for a change of venue.
439
00:20:11,389 --> 00:20:13,668
We win that, we get the case moved,
440
00:20:13,692 --> 00:20:16,270
once we're in another borough,
we impanel a new Grand Jury,
441
00:20:16,294 --> 00:20:18,506
get a new indictment
at the higher charges.
442
00:20:18,530 --> 00:20:19,941
If we lose on change of venue,
443
00:20:19,965 --> 00:20:21,709
we're stuck in Staten Island
with the lower charges.
444
00:20:21,733 --> 00:20:22,977
It's a risk.
445
00:20:23,001 --> 00:20:24,545
Full disclosure, though
it's technically possible,
446
00:20:24,569 --> 00:20:26,214
I don't think it's ever
actually been done.
447
00:20:26,238 --> 00:20:28,583
Plus, it's extremely
difficult to get a venue change,
448
00:20:28,607 --> 00:20:30,151
especially for the prosecution.
449
00:20:30,175 --> 00:20:32,653
Just pitching a way
to split the difference here.
450
00:20:36,798 --> 00:20:38,910
What if I work things out
with the judge beforehand?
451
00:20:38,934 --> 00:20:42,375
Wait, you can't offer
quid pro quos to judges.
452
00:20:42,400 --> 00:20:44,411
You can't even be perceived
to be floating that.
453
00:20:44,435 --> 00:20:46,547
It's Staten Island, right?
454
00:20:46,571 --> 00:20:48,749
Old Boys Club.
455
00:20:48,773 --> 00:20:51,051
Judge Edgemore, he's a home-team guy.
456
00:20:51,075 --> 00:20:52,620
But you got to be real careful
how you play it.
457
00:20:52,644 --> 00:20:53,821
Hold on a minute.
458
00:20:53,845 --> 00:20:55,889
Are you seriously talking about
making a backroom deal
459
00:20:55,914 --> 00:20:57,625
and then violating
the terms of that deal
460
00:20:57,649 --> 00:20:59,060
as soon as you get it out of there?
461
00:20:59,084 --> 00:21:00,194
Basically, yeah.
462
00:21:00,218 --> 00:21:01,495
These are judges!
463
00:21:01,519 --> 00:21:04,732
You can't play both sides
against each other like that.
464
00:21:16,301 --> 00:21:17,745
Mr. Wallace.
465
00:21:17,769 --> 00:21:20,937
My secretary told me that
you had some questions for me.
466
00:21:20,962 --> 00:21:22,662
- Yes, Your Honor.
- Mm-hmm.
467
00:21:23,832 --> 00:21:26,577
You know this is the first time
I've ever prosecuted a case.
468
00:21:26,601 --> 00:21:28,045
There's some disagreement on my team
469
00:21:28,069 --> 00:21:30,347
- as to what charges to present.
- Is that right?
470
00:21:30,371 --> 00:21:32,149
Now, I know you can't advise me
specifically,
471
00:21:32,173 --> 00:21:34,051
but I thought maybe you could
give me some general advice
472
00:21:34,075 --> 00:21:35,252
on grand juries.
473
00:21:35,524 --> 00:21:38,270
22 years of watching ADAs get broken in.
474
00:21:38,294 --> 00:21:40,272
You know what their main problem is?
475
00:21:40,296 --> 00:21:41,340
Preparation?
476
00:21:41,364 --> 00:21:43,475
Enthusiasm.
477
00:21:43,499 --> 00:21:44,710
All that power,
478
00:21:44,734 --> 00:21:47,913
all the righteousness of
fighting for the victims...
479
00:21:48,328 --> 00:21:49,972
Goes to their heads.
480
00:21:49,996 --> 00:21:51,640
Pretty soon,
they're overstepping themselves
481
00:21:51,664 --> 00:21:54,510
or using trumped-up charges
to leverage the defense.
482
00:21:54,534 --> 00:21:56,245
Yeah, I've been on
the other side of that.
483
00:21:56,269 --> 00:21:59,081
Well, hopefully you'll remember
that lesson now.
484
00:21:59,105 --> 00:22:00,916
If a trial jury acquits,
485
00:22:00,940 --> 00:22:02,952
it's almost always
because the prosecutor
486
00:22:02,976 --> 00:22:04,553
went for too much at the beginning
487
00:22:04,995 --> 00:22:06,856
during the indictment phase.
488
00:22:06,880 --> 00:22:08,331
Hmm.
489
00:22:09,314 --> 00:22:10,892
Anything I should know
490
00:22:10,916 --> 00:22:12,427
specifically about Staten Island?
491
00:22:12,451 --> 00:22:14,629
I've never even driven over
the bridge until last week.
492
00:22:14,653 --> 00:22:18,550
15 miles from the Bronx.
It might as well be 1,500.
493
00:22:19,024 --> 00:22:23,393
These cases do tear at
the fabric of our community.
494
00:22:24,429 --> 00:22:27,108
So you suggest moderation?
495
00:22:27,132 --> 00:22:31,512
In this case, something like
criminally negligent homicide?
496
00:22:32,272 --> 00:22:34,148
Theoretically,
497
00:22:34,172 --> 00:22:39,279
I'd imagine my colleagues might
look very favorably on that.
498
00:22:40,245 --> 00:22:42,990
Only thing with that is
how it'll look for me
499
00:22:43,395 --> 00:22:45,974
if my community finds out
that's all I asked for.
500
00:22:45,998 --> 00:22:49,744
No question that
we're all of us here in a vise.
501
00:22:49,768 --> 00:22:52,714
But you did sign up for this.
502
00:22:53,084 --> 00:22:54,683
Mm.
503
00:22:54,707 --> 00:22:57,285
Now, you said that these cases
504
00:22:57,309 --> 00:22:59,154
can tear at the fabric
of your community.
505
00:22:59,413 --> 00:23:01,024
Now, what if that didn't
have to be here?
506
00:23:01,048 --> 00:23:04,194
What if there was a way
to spare everyone the pain?
507
00:23:04,218 --> 00:23:06,696
Are you talking about a change of venue?
508
00:23:07,307 --> 00:23:10,033
That would be seen as a win for me.
509
00:23:10,057 --> 00:23:14,092
But since the officers would be
facing lower charges...
510
00:23:16,096 --> 00:23:19,175
I can see how that might make sense.
511
00:23:31,688 --> 00:23:33,291
You ready for this?
512
00:23:34,668 --> 00:23:36,903
Elaine's gonna think we sold her out.
513
00:23:37,337 --> 00:23:39,227
And I can't say anything.
514
00:23:41,431 --> 00:23:44,732
I just keep thinking
it could've been Ronnie.
515
00:23:46,821 --> 00:23:49,200
I really hope
you can pull this off, Aaron.
516
00:23:59,650 --> 00:24:02,329
Dockets ending 489 and 490,
517
00:24:02,353 --> 00:24:03,664
People of the State of New York
518
00:24:03,688 --> 00:24:06,950
versus Officers Edgar Lindsley
and Phillip Matranga.
519
00:24:07,992 --> 00:24:10,195
Aaron Wallace, Henry Roswell,
520
00:24:10,220 --> 00:24:12,198
and Safiya Masry, for the people.
521
00:24:12,222 --> 00:24:14,767
Dean Johnston and Mike Paxton
for the defense, Your Honor.
522
00:24:14,791 --> 00:24:16,469
Always a pleasure, Mr. Johnston.
523
00:24:16,493 --> 00:24:18,838
Your Honor, the people
would like to serve
524
00:24:18,862 --> 00:24:21,907
and file an indictment
charging each officer
525
00:24:21,931 --> 00:24:25,444
with a violation of penal law
section 125.10,
526
00:24:25,735 --> 00:24:27,113
Criminally Negligent Homicide.
527
00:24:33,243 --> 00:24:35,821
Alright. Officers Lindsley and Matranga,
528
00:24:35,845 --> 00:24:37,757
I have before me an indictment
529
00:24:37,781 --> 00:24:39,091
charging you with a single count
530
00:24:39,115 --> 00:24:41,027
of the nonviolent, class-E felony
531
00:24:41,051 --> 00:24:42,811
of criminally negligent homicide.
532
00:24:42,836 --> 00:24:43,913
How do you plead?
533
00:24:43,937 --> 00:24:45,715
Not guilty, Your Honor.
534
00:24:45,739 --> 00:24:46,883
Not guilty, Your Honor.
535
00:24:46,907 --> 00:24:48,317
Now, as for the question of bail...
536
00:24:48,341 --> 00:24:50,753
- Your Honor...
- Oh, don't even bother, Mr. Wallace.
537
00:24:50,777 --> 00:24:53,489
These charges carry a maximum
penalty of four years.
538
00:24:53,513 --> 00:24:55,391
They also enable each of these officers
539
00:24:55,415 --> 00:24:56,993
to be eligible for probation,
540
00:24:57,017 --> 00:24:58,394
so you see there's not a chance
that I'm gonna
541
00:24:58,418 --> 00:25:00,783
have these officers
sit in jail pending trial.
542
00:25:00,808 --> 00:25:03,287
I'm ordering that they be
released on their own recognizance.
543
00:25:03,311 --> 00:25:04,555
So...
544
00:25:04,579 --> 00:25:06,323
Alright, clear the courtroom.
545
00:25:06,347 --> 00:25:07,724
Restore some order here, please.
546
00:25:07,748 --> 00:25:09,393
Step out!
547
00:25:09,417 --> 00:25:12,390
Let's go, people. Quiet down.
548
00:25:15,660 --> 00:25:18,330
Elaine, I know how this looks, but...
549
00:25:19,764 --> 00:25:21,575
Shame on you!
550
00:25:33,845 --> 00:25:35,956
Hey, Ronnie. How you doing?
551
00:25:36,354 --> 00:25:38,199
Fine. Just put AJ to sleep.
552
00:25:38,224 --> 00:25:39,534
Where's Jazz and Marie?
553
00:25:39,558 --> 00:25:41,258
Grocery store.
554
00:25:44,096 --> 00:25:45,423
You alright?
555
00:25:45,898 --> 00:25:48,844
Kind of surprised you let
those cops off the hook.
556
00:25:48,868 --> 00:25:50,345
You don't really know...
557
00:25:50,369 --> 00:25:52,681
Jazz had to shut down the website.
558
00:25:53,156 --> 00:25:54,900
Everyone's calling you a sellout,
559
00:25:54,924 --> 00:25:57,069
saying you threw the case.
560
00:25:58,995 --> 00:26:01,262
That what you think?
561
00:26:04,000 --> 00:26:06,111
Unless you can explain
something different.
562
00:26:06,135 --> 00:26:08,580
All I can say is that this isn't over.
563
00:26:08,604 --> 00:26:10,883
I get how you're feeling...
564
00:26:10,907 --> 00:26:12,818
About everything, honestly.
565
00:26:12,842 --> 00:26:14,753
And I don't blame you.
566
00:26:14,777 --> 00:26:16,722
But on this,
567
00:26:16,746 --> 00:26:18,813
you're just gonna have to trust me.
568
00:26:22,151 --> 00:26:23,475
And how are things at home?
569
00:26:23,518 --> 00:26:25,430
Fine. It's good to have Marie back.
570
00:26:25,454 --> 00:26:26,598
Tough stint she did.
571
00:26:26,622 --> 00:26:28,834
14-hour shifts, living at a motel.
572
00:26:28,858 --> 00:26:30,924
Yeah, she's stronger than I ever knew.
573
00:26:30,948 --> 00:26:33,138
She had to be
with you away all that time.
574
00:26:34,097 --> 00:26:35,733
You been following my case?
575
00:26:35,757 --> 00:26:37,568
I think it's safe to say everybody is.
576
00:26:37,592 --> 00:26:40,338
And what you think so far?
577
00:26:40,829 --> 00:26:42,649
I think you're letting them off
too easy.
578
00:26:43,064 --> 00:26:44,851
But then again, you're gonna
have a tough time
579
00:26:44,875 --> 00:26:47,220
getting even those
smaller charges to stick.
580
00:26:47,902 --> 00:26:48,955
Yeah.
581
00:26:48,979 --> 00:26:53,359
Must be hard being Black and blue.
582
00:26:53,800 --> 00:26:55,660
Especially these days.
583
00:26:56,903 --> 00:26:58,481
Is there something you need from me?
584
00:26:59,122 --> 00:27:01,517
Yeah, 10:00 curfew's a bitch.
585
00:27:01,541 --> 00:27:02,919
Especially when my partners are working
586
00:27:02,943 --> 00:27:04,687
all through the night in my office.
587
00:27:05,295 --> 00:27:06,956
I'll talk to Davidson,
588
00:27:07,630 --> 00:27:09,358
see if I can get you till midnight.
589
00:27:09,674 --> 00:27:11,307
Appreciate that.
590
00:27:13,903 --> 00:27:16,115
I feel bad I came down so hard on Aaron.
591
00:27:16,139 --> 00:27:17,950
Oh, you don't have to apologize.
592
00:27:17,974 --> 00:27:20,653
We know what you're going through.
593
00:27:20,677 --> 00:27:21,887
We just want to help.
594
00:27:21,911 --> 00:27:23,956
My parents want me to talk
to a therapist, but...
595
00:27:23,980 --> 00:27:25,424
But what?
596
00:27:25,448 --> 00:27:27,776
You're gonna think this is crazy, but...
597
00:27:28,451 --> 00:27:31,853
who I really want to talk to
is that cop.
598
00:27:33,290 --> 00:27:37,692
Look him in the eye and ask him
why he did what he did.
599
00:27:39,929 --> 00:27:43,042
Then why don't we?
600
00:27:53,943 --> 00:27:56,304
Desk Sarge said you wanted to see me?
601
00:28:00,725 --> 00:28:02,294
Do you recognize me?
602
00:28:02,318 --> 00:28:03,862
No, sorry. You got a case number?
603
00:28:03,886 --> 00:28:05,898
You arrested me at a protest,
604
00:28:05,922 --> 00:28:07,633
put your knee on my chest.
605
00:28:08,458 --> 00:28:09,518
Sorry, kid.
606
00:28:09,542 --> 00:28:11,187
Can't talk to you about a pending case.
607
00:28:11,211 --> 00:28:13,122
Why did you do that to me?
608
00:28:13,613 --> 00:28:15,691
I didn't do anything wrong.
609
00:28:15,715 --> 00:28:16,992
I was the one calling you over
610
00:28:17,016 --> 00:28:18,494
because I saw a guy with a brick,
611
00:28:18,518 --> 00:28:19,744
and then you just...
612
00:28:20,720 --> 00:28:22,865
you just assumed.
613
00:28:22,889 --> 00:28:24,300
I don't know what you want me to say.
614
00:28:24,324 --> 00:28:26,657
How about you made a mistake?
615
00:28:28,127 --> 00:28:29,420
Hey.
616
00:28:30,897 --> 00:28:33,309
His name is Ronnie Baxter.
617
00:28:33,333 --> 00:28:34,610
He has two loving parents,
618
00:28:34,634 --> 00:28:36,545
a newborn son, and a woman he loves.
619
00:28:36,569 --> 00:28:39,976
He's also an Honors student
with a 3.8 GPA,
620
00:28:40,001 --> 00:28:41,345
started college in September.
621
00:28:41,369 --> 00:28:44,148
That is who you beat up.
That is who you arrested!
622
00:28:44,172 --> 00:28:46,104
Just so you understand.
623
00:28:47,141 --> 00:28:49,353
Come on, Ronnie, let's go.
624
00:28:53,770 --> 00:28:56,981
I went back 30 years,
and as far as I can tell,
625
00:28:57,006 --> 00:28:58,717
Henry was right.
626
00:28:58,741 --> 00:29:01,916
No one has ever tried impaneling
a new Grand Jury
627
00:29:01,941 --> 00:29:04,486
in a new borough in order
to supersede an indictment
628
00:29:04,510 --> 00:29:05,887
after a Change of Venue was granted.
629
00:29:05,911 --> 00:29:09,057
Basically, the statute is silent
and case law is nonexistent.
630
00:29:09,081 --> 00:29:10,025
So no precedent.
631
00:29:10,049 --> 00:29:11,259
But no prohibition.
632
00:29:11,283 --> 00:29:13,795
Well, how are we gonna explain
why we submitted
633
00:29:13,819 --> 00:29:16,331
the lower charges in Staten Island?
634
00:29:16,609 --> 00:29:18,787
We held the tape
to present as new evidence.
635
00:29:18,811 --> 00:29:20,022
But we had the tape before.
636
00:29:20,046 --> 00:29:22,424
You can't tell the judge otherwise.
637
00:29:22,740 --> 00:29:24,652
- I'll imply it.
- That's really where we are?
638
00:29:24,676 --> 00:29:27,021
Either way, we have
all these misconduct complaints
639
00:29:27,045 --> 00:29:28,348
against Lindsley.
640
00:29:28,373 --> 00:29:29,784
That'll sway the Grand Jury,
641
00:29:29,808 --> 00:29:31,385
but the judge will see them
as prejudicial.
642
00:29:31,409 --> 00:29:33,020
The video alone is not enough.
643
00:29:33,044 --> 00:29:35,111
Not for murder two or manslaughter.
644
00:29:36,114 --> 00:29:38,059
We gotta dirty up the shooter.
645
00:29:38,083 --> 00:29:41,558
Aaron, if the Judge thinks
you're playing fast and loose,
646
00:29:41,583 --> 00:29:43,461
she'll throw out the whole indictment.
647
00:29:43,485 --> 00:29:46,152
I'm not leaving any arrows
in the quiver.
648
00:29:51,394 --> 00:29:53,605
You got something to say,
say it, Counselor.
649
00:29:57,667 --> 00:30:00,812
Your connection to this family
is clouding your judgment.
650
00:30:00,836 --> 00:30:01,947
Because I'm more motivated than...
651
00:30:01,971 --> 00:30:03,515
We're all motivated.
652
00:30:05,071 --> 00:30:07,783
But Marcel runs to you
when you come through the door.
653
00:30:07,807 --> 00:30:10,252
And you're making promises to
his mother you just can't keep.
654
00:30:10,276 --> 00:30:11,386
Like not forcing him to testify?
655
00:30:11,410 --> 00:30:14,056
That is something we could actually do,
656
00:30:14,459 --> 00:30:15,870
we should do, legally.
657
00:30:15,894 --> 00:30:18,973
But instead, to protect him,
we're making backroom deals
658
00:30:18,997 --> 00:30:20,307
and hiding evidence,
659
00:30:20,331 --> 00:30:22,376
misleading judges?
660
00:30:22,759 --> 00:30:24,837
We're going farther and farther
down a slippery slope,
661
00:30:24,861 --> 00:30:26,172
and I don't even want to think about
662
00:30:26,196 --> 00:30:27,907
what's at the bottom of it.
663
00:30:42,812 --> 00:30:44,579
We're gonna need you to buck up Sherwin.
664
00:30:53,063 --> 00:30:55,441
You're sure there's no other way?
665
00:30:55,465 --> 00:30:56,442
If there was, believe me,
666
00:30:56,466 --> 00:30:57,977
I would never put you through this.
667
00:30:58,001 --> 00:30:59,278
Now that we've got it moved to Queens,
668
00:30:59,302 --> 00:31:01,581
we have a chance to get
the more serious charges.
669
00:31:01,605 --> 00:31:04,016
But you're the only one who can
legally authenticate the video.
670
00:31:04,040 --> 00:31:06,219
And without that, we've got nothing.
671
00:31:06,511 --> 00:31:08,088
You're gonna be okay.
672
00:31:08,112 --> 00:31:10,557
But if I am not... If word gets out...
673
00:31:10,581 --> 00:31:12,359
Nobody knows you're here, Sherwin...
674
00:31:12,383 --> 00:31:14,228
Not the press,
not the defense attorneys.
675
00:31:14,252 --> 00:31:15,762
Even the presiding judge in the case
676
00:31:15,786 --> 00:31:18,065
has no idea that any of us are here.
677
00:31:18,398 --> 00:31:20,976
That's the way grand juries work.
678
00:31:21,000 --> 00:31:22,444
You have my word.
679
00:31:26,039 --> 00:31:27,550
You ready?
680
00:31:27,574 --> 00:31:29,540
Yeah.
681
00:31:36,999 --> 00:31:38,510
What are you doing here?
682
00:31:38,534 --> 00:31:39,678
I know it's unusual,
683
00:31:39,702 --> 00:31:41,399
and my lawyer would probably
kill me if he knew,
684
00:31:41,424 --> 00:31:44,370
but I... wanted to come
and just say to you personally
685
00:31:44,394 --> 00:31:46,071
that I'm sorry for your loss.
686
00:31:46,095 --> 00:31:48,340
I'm truly, deeply sorry.
687
00:31:48,364 --> 00:31:49,608
How dare you?
688
00:31:49,929 --> 00:31:51,407
Now that you're barely facing
any charges?
689
00:31:51,431 --> 00:31:52,408
What is this, some kind of stunt?
690
00:31:52,432 --> 00:31:53,609
No, I... I'm sorry.
691
00:31:53,633 --> 00:31:55,611
I didn't mean to make it worse
or cause you any distress.
692
00:31:55,635 --> 00:31:59,314
I just... I... I wanted to...
693
00:31:59,338 --> 00:32:01,050
To what?!
694
00:32:01,440 --> 00:32:03,807
Make yourself feel better?
695
00:32:19,731 --> 00:32:20,775
Where's Safiya?
696
00:32:20,799 --> 00:32:21,943
She didn't think she needed to be here
697
00:32:21,967 --> 00:32:24,102
just to submit the new indictments.
698
00:32:24,127 --> 00:32:25,504
Yeah, and she's pissed.
699
00:32:25,528 --> 00:32:26,639
No, she's happy with the results.
700
00:32:26,663 --> 00:32:27,940
She's uncomfortable with the process.
701
00:32:27,964 --> 00:32:29,441
But you knew that.
702
00:32:32,035 --> 00:32:33,412
Holy...
703
00:32:33,436 --> 00:32:34,492
What?
704
00:32:34,516 --> 00:32:36,415
Veronica Marshall.
705
00:32:36,439 --> 00:32:37,816
Am I supposed to know who she is?
706
00:32:37,840 --> 00:32:38,951
She used to be the trial chief
707
00:32:38,975 --> 00:32:41,226
of the Brooklyn
public defender's office.
708
00:32:41,251 --> 00:32:42,628
Did a stint with the ACLU.
709
00:32:42,652 --> 00:32:44,196
Now she's out on her own.
710
00:32:44,220 --> 00:32:46,761
She's one of the best, pal.
711
00:32:47,734 --> 00:32:50,213
From the ACLU to defending cops?
712
00:32:50,238 --> 00:32:52,049
The union's got a lot of cash.
713
00:32:52,074 --> 00:32:53,185
And why now?
714
00:32:53,209 --> 00:32:54,686
I'd say it's 'cause
of the change of venue,
715
00:32:54,710 --> 00:32:57,289
but they've had plenty of time
to react to that.
716
00:32:57,705 --> 00:32:59,115
Judging by the feverish whispering
717
00:32:59,139 --> 00:33:00,817
and the intense eyeballing,
718
00:33:00,841 --> 00:33:04,028
I'd say they just got wind
of our new indictments.
719
00:33:05,179 --> 00:33:06,957
But they were sealed.
720
00:33:06,981 --> 00:33:08,592
Somebody leaked them.
721
00:33:08,616 --> 00:33:10,026
All rise.
722
00:33:10,050 --> 00:33:11,361
Court is now in session,
723
00:33:11,385 --> 00:33:13,577
Judge Patricia Howell presiding.
724
00:33:13,602 --> 00:33:16,814
Adding to the calendar
Indictment S-96454,
725
00:33:16,838 --> 00:33:17,949
transferred to this court
726
00:33:17,973 --> 00:33:19,750
from the Supreme Court
of Richmond County.
727
00:33:19,774 --> 00:33:21,986
Good afternoon, everyone, and welcome.
728
00:33:22,304 --> 00:33:24,816
Ms. Marshall, I didn't know
you'd be appearing.
729
00:33:24,840 --> 00:33:26,885
On behalf of Mr. Lindsley, Your Honor,
730
00:33:26,909 --> 00:33:28,486
- from here on in.
- Very well.
731
00:33:28,510 --> 00:33:31,055
I am in receipt of the papers
from Staten Island
732
00:33:31,079 --> 00:33:32,257
and have familiarized myself
733
00:33:32,281 --> 00:33:33,324
with the case and the proceedings.
734
00:33:33,348 --> 00:33:36,394
Uh-uh. Sit down, Mr. Wallace.
735
00:33:36,702 --> 00:33:38,413
See, we have a hot case here.
736
00:33:38,437 --> 00:33:41,783
A case where the parties may be
tempted to play to the gallery
737
00:33:41,807 --> 00:33:43,151
or the press or the public.
738
00:33:43,175 --> 00:33:45,020
But so long as I am presiding
over this matter,
739
00:33:45,044 --> 00:33:47,389
which means forever,
740
00:33:47,413 --> 00:33:49,891
that will not happen.
741
00:33:50,299 --> 00:33:52,744
Do I make myself clear?
742
00:33:52,768 --> 00:33:53,712
- Yes, Your Honor.
- Yes, Your Honor.
743
00:33:53,736 --> 00:33:57,071
Good. Mr. Wallace, you may begin.
744
00:34:02,334 --> 00:34:05,379
Before we proceed,
the people would like to serve
745
00:34:05,403 --> 00:34:07,815
and file a superseding indictment,
746
00:34:07,839 --> 00:34:10,685
charging officers Lindsley and Matranga
747
00:34:10,709 --> 00:34:12,553
with Murder in the Second Degree
748
00:34:12,577 --> 00:34:14,288
and Manslaughter in the First Degree.
749
00:34:15,814 --> 00:34:17,853
- Objection!
- Excuse me?
750
00:34:17,910 --> 00:34:19,387
In light of newly discovered evidence,
751
00:34:19,411 --> 00:34:21,322
the people convened a new Grand Jury.
752
00:34:21,627 --> 00:34:22,871
In Queens.
753
00:34:22,896 --> 00:34:25,241
Your Honor, surely you cannot
countenance the prosecution
754
00:34:25,266 --> 00:34:26,610
leveraging a venue change
755
00:34:26,635 --> 00:34:28,547
to get a Grand Jury to their liking.
756
00:34:28,572 --> 00:34:30,216
It's a total over-reach.
757
00:34:30,241 --> 00:34:31,552
Mr. Wallace, Ms. Marshall,
758
00:34:31,577 --> 00:34:33,721
I will see you both in my chambers.
759
00:34:33,920 --> 00:34:35,653
Now, please.
760
00:34:38,325 --> 00:34:41,718
So you only found this video
after the Change of Venue?
761
00:34:41,743 --> 00:34:43,821
It took us some time to procure
authentication, Your Honor.
762
00:34:43,846 --> 00:34:45,757
I'd say that's suspect and convenient.
763
00:34:45,781 --> 00:34:47,359
And these civilian complaints?
764
00:34:47,383 --> 00:34:48,994
You didn't think
they might be prejudicial?
765
00:34:49,018 --> 00:34:51,129
Using prior bad acts to poison a jury
766
00:34:51,153 --> 00:34:53,098
is not only reprehensible,
767
00:34:53,122 --> 00:34:55,400
but grounds for you to dismiss
the entire indictment.
768
00:34:55,424 --> 00:34:57,836
There were two instances
of Officer Lindsley
769
00:34:57,860 --> 00:35:00,355
claiming cellphone usage as an excuse
770
00:35:00,380 --> 00:35:02,758
to pull over and harass people of color.
771
00:35:02,782 --> 00:35:04,259
We believe that constituted a pattern.
772
00:35:04,283 --> 00:35:07,262
But again, you opted not to
present those in Staten Island.
773
00:35:07,286 --> 00:35:09,498
We weren't confident about
the credibility of the witnesses
774
00:35:09,522 --> 00:35:11,731
in these complaints until more recently.
775
00:35:11,756 --> 00:35:13,266
Things have been moving
very fast, Your Honor.
776
00:35:13,290 --> 00:35:15,369
I've only been on this case
for 10 minutes,
777
00:35:15,393 --> 00:35:16,970
but you're the special prosecutor
778
00:35:16,994 --> 00:35:19,873
and you're the one pushing
the calendar, Mr. Wallace.
779
00:35:19,897 --> 00:35:21,341
I apologize.
780
00:35:21,365 --> 00:35:24,044
Obviously, I'm new to this.
781
00:35:24,068 --> 00:35:25,412
If I've made a mis-step...
782
00:35:25,436 --> 00:35:27,681
And now you actually want to
hold these men without bail?
783
00:35:27,705 --> 00:35:29,717
I think that would send a proper
message to the people that they...
784
00:35:29,741 --> 00:35:31,351
Am I hearing you
suggest we should use bail
785
00:35:31,375 --> 00:35:33,622
to send a public message
786
00:35:33,647 --> 00:35:36,459
when you yourself were held
without bail for over a year
787
00:35:36,484 --> 00:35:38,929
before a shred of evidence
was ever presented against you
788
00:35:38,953 --> 00:35:39,964
in a courtroom?
789
00:35:39,988 --> 00:35:41,465
I wasn't accused of killing anybody.
790
00:35:41,489 --> 00:35:44,582
"Accused" is the operative word,
Your Honor.
791
00:35:44,607 --> 00:35:46,552
As far as I know,
presumption of innocence
792
00:35:46,577 --> 00:35:47,921
is still the law of the land,
793
00:35:47,945 --> 00:35:50,857
and it applies to police officers, too.
794
00:35:50,881 --> 00:35:52,792
So unless Mr. Wallace really thinks
795
00:35:52,816 --> 00:35:54,794
these men who have families
796
00:35:54,818 --> 00:35:56,429
are a flight risk,
797
00:35:56,453 --> 00:35:58,591
he's saying he wants to use bail
798
00:35:58,616 --> 00:36:01,261
not only as a way to send a message
799
00:36:01,285 --> 00:36:03,230
but as a form of punishment.
800
00:36:03,254 --> 00:36:06,233
Not exactly what I expect
from a man with his r�sum�.
801
00:36:06,257 --> 00:36:08,435
Agreed. The officers will remain out
802
00:36:08,459 --> 00:36:10,104
- on their own recognizance.
- Your Honor...
803
00:36:10,128 --> 00:36:11,371
And as for these new indictments,
804
00:36:11,395 --> 00:36:13,340
there's no way I'm gonna let
a murder charge stand
805
00:36:13,364 --> 00:36:15,342
given your attempts to bias
that Grand Jury
806
00:36:15,366 --> 00:36:17,044
with those officer complaints.
807
00:36:17,068 --> 00:36:18,912
Thank you, Your Honor.
808
00:36:18,936 --> 00:36:20,314
And the manslaughter?
809
00:36:20,338 --> 00:36:22,216
Don't get greedy, Ms. Marshall.
810
00:36:22,240 --> 00:36:24,518
Especially during your first
few minutes on the case.
811
00:36:24,542 --> 00:36:26,620
- Understood, Your Honor.
- Fine.
812
00:36:26,644 --> 00:36:28,078
Now, if you would give
813
00:36:28,102 --> 00:36:30,424
Mr. Wallace and me a moment, please?
814
00:36:30,690 --> 00:36:34,269
Uh, call it a brief respite
for career counseling.
815
00:36:34,293 --> 00:36:37,439
No specifics of the case
will be discussed without you.
816
00:36:37,929 --> 00:36:39,863
Thank you, Your Honor.
817
00:36:46,726 --> 00:36:49,305
I know a bit about Glen Maskins.
818
00:36:49,329 --> 00:36:53,008
Who he is, what he became.
819
00:36:53,032 --> 00:36:54,710
And I don't believe for one minute
820
00:36:54,734 --> 00:36:56,912
that where he ended up
had anything to do
821
00:36:56,936 --> 00:36:59,915
with what he hoped to accomplish
when he started.
822
00:36:59,939 --> 00:37:01,684
That happened over years.
823
00:37:01,708 --> 00:37:04,787
One rationalization, one justification,
824
00:37:04,811 --> 00:37:07,122
one cut corner at a time.
825
00:37:07,146 --> 00:37:11,393
Right now,
you have all the power he did.
826
00:37:11,417 --> 00:37:13,736
I'd urge you to consider that carefully.
827
00:37:16,623 --> 00:37:20,636
Nothing else that even
remotely smells like a stunt.
828
00:37:20,660 --> 00:37:22,026
Understood?
829
00:37:23,963 --> 00:37:27,643
If I were you, I'd walk
out of here feeling lucky.
830
00:37:27,667 --> 00:37:29,645
And warned.
831
00:37:29,669 --> 00:37:31,102
Thank you, Your Honor.
832
00:37:33,469 --> 00:37:35,915
In a shocking turn,
the two police officers
833
00:37:35,939 --> 00:37:38,961
previously charged only with
criminally negligent homicide
834
00:37:38,986 --> 00:37:40,431
in the shooting of Andy Josiah
835
00:37:40,455 --> 00:37:42,733
now stand accused
of a far more serious offense
836
00:37:42,757 --> 00:37:44,435
of manslaughter in the first degree.
837
00:37:44,459 --> 00:37:47,438
- Attorney Veronica Marshall...
- That double-crossing son of a bitch.
838
00:37:47,462 --> 00:37:48,972
...accused officer Edgar Lindsley,
839
00:37:48,996 --> 00:37:50,774
released the following statement.
840
00:37:50,798 --> 00:37:53,551
"Officers Lindsley and Matranga
are good men
841
00:37:53,576 --> 00:37:55,421
and good cops who are being sacrificed
842
00:37:55,445 --> 00:37:57,723
on the altar of liberal extremism.
843
00:37:57,747 --> 00:37:59,291
The special prosecutor's office
844
00:37:59,315 --> 00:38:01,794
is trying to turn a tragedy into a crime
845
00:38:01,818 --> 00:38:03,562
to score political points."
846
00:38:03,586 --> 00:38:05,364
On the streets, reaction to the news
847
00:38:05,388 --> 00:38:07,466
has been decidedly mixed.
848
00:38:07,890 --> 00:38:09,334
Personally, I think Aaron Wallace
849
00:38:09,358 --> 00:38:11,736
only grew a backbone because
of the community pressure.
850
00:38:11,760 --> 00:38:13,338
We gotta fight to get anything done,
851
00:38:13,362 --> 00:38:15,362
even when the do-ers look like us.
852
00:38:17,333 --> 00:38:18,543
We know.
853
00:38:18,567 --> 00:38:20,133
That's all that matters.
854
00:38:24,406 --> 00:38:25,951
Pour you one?
855
00:38:25,975 --> 00:38:27,832
It's against my probation.
856
00:38:27,862 --> 00:38:30,121
I heard the union changed lawyers.
857
00:38:30,621 --> 00:38:31,865
Yeah.
858
00:38:31,889 --> 00:38:33,500
I don't know what to make of her.
859
00:38:33,524 --> 00:38:37,171
She was a Princeton undergrad,
then Law Review at Harvard.
860
00:38:37,195 --> 00:38:39,573
Anya went up against her for years.
861
00:38:39,922 --> 00:38:42,334
Said she's brilliant.
862
00:38:42,358 --> 00:38:44,058
And very principled.
863
00:38:46,729 --> 00:38:49,415
Seems like maybe we have
a few things to talk about.
864
00:38:50,374 --> 00:38:51,610
You said you trusted me.
865
00:38:51,634 --> 00:38:53,578
You're my voice of reason.
866
00:38:54,103 --> 00:38:55,381
Especially when Henry's yelling at me
867
00:38:55,405 --> 00:38:56,816
to keep driving over the cliff.
868
00:38:56,840 --> 00:38:58,784
I'm flattered, but what good is my voice
869
00:38:58,808 --> 00:39:00,386
if you don't listen to it?
870
00:39:00,410 --> 00:39:01,954
I do.
871
00:39:01,978 --> 00:39:03,637
More than I've shown you.
872
00:39:05,614 --> 00:39:08,392
Henry said the judge
handed you your hat.
873
00:39:08,416 --> 00:39:10,478
Yeah. Just a bit.
874
00:39:11,853 --> 00:39:13,998
And somebody's leaked the indictments.
875
00:39:14,248 --> 00:39:16,193
Even before they came up with the judge?
876
00:39:16,217 --> 00:39:18,662
You should warn Sherwin. Just in case.
877
00:39:19,041 --> 00:39:21,322
I'll go see him at the bodega.
878
00:39:22,656 --> 00:39:24,501
After my drink.
879
00:39:24,525 --> 00:39:26,636
I hope I didn't drive you to that.
880
00:39:26,869 --> 00:39:28,704
It was everything.
881
00:39:29,696 --> 00:39:31,530
But mostly the video.
882
00:39:34,001 --> 00:39:35,379
I watched it.
883
00:39:41,976 --> 00:39:44,388
Tomorrow morning?
884
00:39:44,862 --> 00:39:46,306
With bells on.
885
00:39:58,792 --> 00:40:00,003
Elaine?
886
00:40:00,027 --> 00:40:02,606
I heard about the new charges.
887
00:40:02,630 --> 00:40:03,773
Thank you.
888
00:40:03,797 --> 00:40:06,128
Look, I understand
why you had your doubts.
889
00:40:07,134 --> 00:40:10,380
I will never stop thinking
about you and Andy and Marcel
890
00:40:10,404 --> 00:40:12,382
and what this means for you.
891
00:40:12,406 --> 00:40:13,984
Do you mind if I ask you a question?
892
00:40:14,008 --> 00:40:15,485
Yeah. Of course.
893
00:40:15,809 --> 00:40:17,654
Is it like some people are saying?
894
00:40:17,678 --> 00:40:19,756
That you only did it because you
were taking the heat?
895
00:40:19,780 --> 00:40:23,050
Or did you have this planned all along?
896
00:40:24,284 --> 00:40:26,387
I can't answer that question.
897
00:40:27,588 --> 00:40:29,265
By law.
898
00:40:30,824 --> 00:40:32,836
Then I owe you an apology.
899
00:40:32,860 --> 00:40:35,705
You should never
apologize to me for anything.
900
00:40:36,146 --> 00:40:37,841
Ever.
901
00:40:38,217 --> 00:40:40,962
I wanted you to have this.
902
00:40:40,986 --> 00:40:43,198
It's some of our home videos.
903
00:40:43,222 --> 00:40:46,031
So you can always remember who Andy was.
904
00:40:46,592 --> 00:40:48,158
Thank you.
905
00:40:49,320 --> 00:40:51,098
Oh, and one other thing
I thought you should know.
906
00:40:51,122 --> 00:40:53,267
That cop Matranga came by my house
907
00:40:53,291 --> 00:40:54,891
to apologize.
908
00:40:56,795 --> 00:40:58,973
Okay, uh...
909
00:40:58,997 --> 00:41:01,542
You remember his exact words?
910
00:41:01,566 --> 00:41:03,716
He said he was sorry for our loss.
911
00:41:05,943 --> 00:41:08,889
Anything about what he and
his partner did specifically?
912
00:41:08,913 --> 00:41:11,658
No, just that he was sorry.
913
00:41:11,682 --> 00:41:14,127
And you think he was sincere?
Like he felt bad?
914
00:41:14,151 --> 00:41:15,929
I think he meant it.
915
00:41:15,953 --> 00:41:17,731
Why does it matter?
916
00:41:17,755 --> 00:41:19,523
It means he's hiding something.
917
00:41:21,725 --> 00:41:23,319
Something big.
918
00:41:26,330 --> 00:41:28,742
I'm a lawyer.
919
00:41:28,766 --> 00:41:30,236
Sherwin, what happened?
920
00:41:30,261 --> 00:41:32,340
I don't know.
They won't tell me anything!
921
00:41:32,364 --> 00:41:33,808
What are you charging this man with?!
922
00:41:33,832 --> 00:41:36,499
- Back up.
- You said you were going to protect me!
67372
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