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AARON: His name was Andy Josiah.
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Husband to Elaine,
father to Marcel and Lailah.
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00:00:05,287 --> 00:00:06,753
AARON: He shot him in the back.
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In front of his son.
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And fought like hell.
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That's what we need to do.
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Okay. How?
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Appoint a special prosecutor.
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Aaron Wallace.
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I need people I can trust.
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And that's you and Henry.
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00:00:22,604 --> 00:00:23,803
People are saying they have no faith
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00:00:23,905 --> 00:00:26,606
in your ability to deliver
justice for Mr. Josiah.
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00:00:26,708 --> 00:00:29,475
SCOTTY: You need more
of a presence here.
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00:00:29,577 --> 00:00:30,944
Let me make some calls.
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I gotta win this, Marie.
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No matter what.
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Synced & corrected by -robtor-
www.addic7ed.com
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Here's what I can tell you
about Aaron Wallace.
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00:00:43,558 --> 00:00:45,458
If it weren't for him, I'd be sitting in
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00:00:45,560 --> 00:00:46,960
a jail cell at Bellmore.
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00:00:47,062 --> 00:00:49,162
We were rotting in there,
ready to catch the Covid,
23
00:00:49,264 --> 00:00:50,697
until he showed up.
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He never forgot.
25
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And he never gave up on us.
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And that's why we're free.
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00:00:56,104 --> 00:00:58,738
354 of us, he got out.
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00:00:58,840 --> 00:01:01,040
So I don't want to hear anybody saying
29
00:01:01,142 --> 00:01:03,042
they don't know what his agenda is.
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00:01:03,144 --> 00:01:05,812
His agenda is to help people.
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That's who Aaron Wallace is.
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[CHUCKLES]
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Been too long, my friend.
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Yeah. I know, I'm sorry, I've been...
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Ah-da-da-da-da-da.
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I'm not trying to lay no guilt on you.
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Just good to see you, man, that's all.
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I saw the video Hassan
and the guys made.
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He said you organized it.
40
00:01:30,138 --> 00:01:31,671
I saw them beating you up out there,
41
00:01:31,773 --> 00:01:33,740
and I figured it was time
for the brothers to step up,
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say what's what.
43
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[CHUCKLES]
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It was nice seeing
everybody like that, man...
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You know, doing so well on the outside.
46
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How about you, man? How you doing?
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You know? You still got security?
48
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No. Only around the house. For Marie.
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I'm not having anybody in uniform
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following me around all day.
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Yeah.
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Listen, you know,
if you need my kinda help,
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- just say the word.
- No. No. I'm good.
54
00:02:01,002 --> 00:02:02,668
Trial starts tomorrow.
55
00:02:02,771 --> 00:02:04,629
It'll be over soon.
56
00:02:05,707 --> 00:02:08,641
Aa-ron. Takin' it to the Man.
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[CHUCKLES]
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AARON: I saw Marcel yesterday.
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He's starting to whoop me at chess.
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00:02:19,320 --> 00:02:23,489
And Lailah, man... she keeps growing.
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00:02:24,492 --> 00:02:26,959
I keep watching the home videos of you.
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Think about you all the time, man.
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I can't promise you anything, Andy.
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Not in this world.
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Except I'm gonna give you
everything I got.
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[INHALES DEEPLY]
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I know that what happened
to Andy Josiah was wrong.
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00:02:47,215 --> 00:02:50,509
And Special Prosecutor
Aaron Wallace and his team
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have determined
what charges should be brought
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and against whom.
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Full transparency and a fair trial
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is what I promised.
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00:02:57,926 --> 00:03:00,906
I understand that tensions
are very high right now,
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00:03:00,990 --> 00:03:03,229
but as the trial of
Officer Lindsley begins,
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I ask for calm no matter
what happens in the coming days.
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00:03:06,921 --> 00:03:08,428
ROBERTS: All rise!
77
00:03:08,501 --> 00:03:11,000
The People vs. Edgar Lindsley
on the charges of
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Manslaughter in the First Degree
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and Criminally Negligent Homicide.
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00:03:14,651 --> 00:03:16,550
JUDGE HOWELL: Because of the pandemic,
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we have determined that the jury
will be sequestered
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00:03:19,382 --> 00:03:21,715
and observe the proceedings
on video feeds.
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00:03:21,784 --> 00:03:22,916
Everyone in attendance
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00:03:22,985 --> 00:03:24,551
has tested negative for the virus
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and will self-quarantine during
the length of the trial.
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00:03:27,256 --> 00:03:30,277
Given the significant
public interest in this case,
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00:03:30,304 --> 00:03:33,171
we will live-stream the proceedings
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00:03:33,240 --> 00:03:36,074
on the Office of Court
Administration website.
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Mr. Wallace, opening statement?
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00:03:43,578 --> 00:03:44,911
AARON: It's a Tuesday night,
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and a man has a very important errand.
92
00:03:48,750 --> 00:03:52,919
His wife has a craving for
mint chocolate chip ice cream.
93
00:03:53,529 --> 00:03:57,590
The man loves his wife,
and he wants her to be happy,
94
00:03:57,872 --> 00:03:59,705
especially since they have a new baby
95
00:04:00,477 --> 00:04:02,143
and the cravings from her pregnancy,
96
00:04:02,212 --> 00:04:04,813
they... they just haven't gone away yet.
97
00:04:04,881 --> 00:04:07,710
As the man grabs his car keys,
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00:04:08,085 --> 00:04:12,454
his 7-year-old son
begs to come with him.
99
00:04:12,522 --> 00:04:14,556
Now, this father is good.
100
00:04:14,624 --> 00:04:21,229
He's loving, kind,
and knows what his son needs.
101
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The drive will give him a chance
to convey some life lessons.
102
00:04:25,135 --> 00:04:27,936
That the world doesn't
revolve around the boy
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and that he's gonna
have to learn how to share.
104
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So they head off on their adventure.
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The corner store.
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They have their talk,
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they get their ice cream,
and they're on their way home.
108
00:04:44,633 --> 00:04:48,087
But the boy forgot Tank...
His favorite toy...
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Back at the store.
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Now, the father doesn't scold his son.
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00:04:54,582 --> 00:04:56,382
It's not his style.
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He says "no sweat,"
turns the car around.
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00:05:02,201 --> 00:05:05,469
Two minutes later,
the man was pulled over.
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00:05:05,538 --> 00:05:10,708
Six minutes later,
he's shot in the back.
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Unarmed.
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No criminal record.
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That man's name was Andy Josiah,
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00:05:20,673 --> 00:05:22,739
and this is who he was.
119
00:05:23,803 --> 00:05:25,869
Now, this is gonna be a dunk.
I want you to hang on the net
120
00:05:25,971 --> 00:05:27,204
for a little while, alright?
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00:05:27,282 --> 00:05:28,785
You got that, babe? Ready? Let's dunk.
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Ahh!
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Ha!
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Yay!
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We got it. We got it?
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You see him? That's my son.
127
00:05:37,862 --> 00:05:40,060
My son, my son. Mwah!
128
00:05:40,308 --> 00:05:41,608
ELAINE: You want to put...
Put more sauce on?
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00:05:41,676 --> 00:05:42,776
More sauce, more sauce.
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00:05:42,878 --> 00:05:44,577
[LAUGHTER]
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Just a little bit. Alright.
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00:05:45,814 --> 00:05:47,326
You're doing the right thing.
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00:05:47,350 --> 00:05:49,150
And no matter how they look at you,
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00:05:49,252 --> 00:05:52,286
you get up on that stand,
and you speak your truth.
135
00:05:52,355 --> 00:05:54,855
And remember, you got
the surveillance video
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00:05:54,957 --> 00:05:57,445
corroborating everything you say.
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00:05:58,861 --> 00:06:01,262
Officer Matranga,
I have here the police report
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00:06:01,330 --> 00:06:04,665
from that evening
that you wrote and signed.
139
00:06:04,767 --> 00:06:06,167
Can you tell me what it says
140
00:06:06,235 --> 00:06:08,467
about why you stopped Andy Josiah?
141
00:06:08,641 --> 00:06:10,741
It says we pulled
him over because he was
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00:06:10,810 --> 00:06:12,310
talking on his cellphone.
143
00:06:12,345 --> 00:06:15,079
But you said earlier it was
because of an illegal U-turn.
144
00:06:15,148 --> 00:06:17,014
Why did your account change?
145
00:06:17,083 --> 00:06:20,197
When Lieutenant Diaz
arrived on the scene
146
00:06:20,251 --> 00:06:22,116
and he started asking questions,
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00:06:22,197 --> 00:06:23,763
he told me to change our story.
148
00:06:23,832 --> 00:06:26,165
Were there other things in your account
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00:06:26,234 --> 00:06:29,235
that Lieutenant Diaz told you
to change for your report?
150
00:06:29,337 --> 00:06:31,337
Everything in that report
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is different from what really happened.
152
00:06:34,149 --> 00:06:35,548
If we may, Your Honor,
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00:06:35,617 --> 00:06:37,984
we have video surveillance
footage we'd like to play.
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00:06:38,086 --> 00:06:39,886
The Defense will have to object
to this, Your Honor.
155
00:06:39,954 --> 00:06:41,854
This video footage has not been
properly authenticated.
156
00:06:41,923 --> 00:06:45,058
It's security footage from a
camera owned by Sherwin Maloof,
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00:06:45,126 --> 00:06:46,692
who's presently in Iran,
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00:06:46,761 --> 00:06:48,761
but he did authenticate it already once
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during the grand jury.
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00:06:50,098 --> 00:06:51,197
He went to Iran?
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00:06:51,266 --> 00:06:53,800
One of the worst hit
Covid areas in the world?
162
00:06:53,868 --> 00:06:56,027
He has sick family there, Your Honor.
163
00:06:56,068 --> 00:06:59,051
It was a sudden decision
and one we have no control over.
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00:06:59,135 --> 00:07:00,506
Is that so?
165
00:07:00,575 --> 00:07:05,378
Because we subpoenaed
Mr. Maloof's text records
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00:07:05,491 --> 00:07:07,513
and discovered
167
00:07:07,615 --> 00:07:13,105
a curious correspondence
between him and Safiya Masry.
168
00:07:13,208 --> 00:07:16,010
In one of their most recent exchanges,
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00:07:16,131 --> 00:07:18,798
Mr. Maloof wrote "Safe in Tehran.
170
00:07:18,900 --> 00:07:21,100
Thank you for letting me go."
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00:07:21,202 --> 00:07:23,596
I couldn't find Mr. Maloof in Tehran,
172
00:07:23,630 --> 00:07:25,697
but I did get an affidavit
from his wife,
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00:07:25,766 --> 00:07:28,366
- who stated it was Ms. Masry...
- Is this true?
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00:07:28,435 --> 00:07:30,568
- ...who suggested her husband...
- He was never gonna testify.
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00:07:30,637 --> 00:07:32,070
It was the only way.
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JUDGE HOWELL: Ms. Masry?
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00:07:33,640 --> 00:07:37,276
Uh, the witness was terrified to
testify against the police
178
00:07:37,330 --> 00:07:39,230
because he'd been arrested
on a petty charge
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00:07:39,299 --> 00:07:41,099
designed to intimidate him.
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00:07:41,167 --> 00:07:43,101
I did tell him that having authenticated
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00:07:43,169 --> 00:07:44,836
the video at the Grand Jury stage,
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00:07:44,904 --> 00:07:47,105
a court would likely
still admit the video
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00:07:47,207 --> 00:07:49,167
even if he was unavailable.
184
00:07:49,267 --> 00:07:51,634
I should also note
that neither Mr. Roswell
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00:07:51,703 --> 00:07:55,005
nor Mr. Wallace were aware of
my conversation with Mr. Maloof.
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00:07:55,107 --> 00:07:56,873
Whether or not her co-counsels knew,
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00:07:56,942 --> 00:08:00,523
Ms. Masry basically told
the witness to flee.
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00:08:00,610 --> 00:08:03,311
If the prosecution
procured his unavailability,
189
00:08:03,379 --> 00:08:06,580
the Court can't possibly
allow the video into evidence.
190
00:08:06,683 --> 00:08:09,116
No. Clearly.
191
00:08:09,185 --> 00:08:12,322
I cannot imagine what you were
thinking, Ms. Masry,
192
00:08:12,382 --> 00:08:14,282
but the court will be
excluding the video.
193
00:08:14,351 --> 00:08:19,087
♪
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00:08:19,155 --> 00:08:20,989
ROSWELL: I don't know how you
could do that without telling us.
195
00:08:21,057 --> 00:08:24,273
Come on, Henry, you know you
both needed deniability.
196
00:08:24,394 --> 00:08:26,260
No one's gonna believe us anyway.
197
00:08:26,329 --> 00:08:29,163
We needed to decide this together.
198
00:08:29,232 --> 00:08:32,074
Maybe I should step down.
Clear the air for you two.
199
00:08:32,434 --> 00:08:35,002
And how do you think that's
gonna look for the jury?
200
00:08:35,070 --> 00:08:37,104
When they get back,
suddenly you're gone?
201
00:08:37,172 --> 00:08:39,160
We need to focus on Matranga.
202
00:08:39,248 --> 00:08:40,714
Where's his head?
203
00:08:40,830 --> 00:08:43,597
Without that video,
it's his word against theirs.
204
00:08:43,746 --> 00:08:46,213
Maybe we should adjourn till tomorrow.
205
00:08:46,282 --> 00:08:48,982
No. We give him any more time
to think, he's gonna fold.
206
00:08:49,051 --> 00:08:51,018
We need to throw him up there
and let him finish.
207
00:08:51,117 --> 00:08:54,488
♪
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00:08:54,590 --> 00:08:57,925
Officer Matranga, you testified earlier
209
00:08:57,993 --> 00:09:00,794
that when Officer Lindsley
sent you back to the squad car
210
00:09:00,896 --> 00:09:03,475
to run Andy's license,
that you were nervous.
211
00:09:03,622 --> 00:09:04,821
That's right.
212
00:09:04,923 --> 00:09:06,467
Why was that?
213
00:09:07,192 --> 00:09:09,592
I was afraid the situation
might escalate.
214
00:09:09,661 --> 00:09:12,195
But you said you observed
Andy being compliant.
215
00:09:12,264 --> 00:09:13,863
I wasn't worried about him.
216
00:09:13,932 --> 00:09:16,933
So you were concerned about
Officer Lindsley?
217
00:09:17,002 --> 00:09:19,757
Well, I'd seen him use f-force at times
218
00:09:19,818 --> 00:09:21,118
I didn't think was necessary.
219
00:09:21,220 --> 00:09:23,320
On how many occasions?
220
00:09:23,389 --> 00:09:25,989
At least half a dozen.
If he was amped up.
221
00:09:26,212 --> 00:09:29,147
Was he amped up the night
he shot Andy Josiah?
222
00:09:29,215 --> 00:09:31,916
We all were. I mean, he was especially.
223
00:09:32,018 --> 00:09:33,751
And why was that?
224
00:09:33,820 --> 00:09:35,820
Because of the protests.
225
00:09:35,889 --> 00:09:37,948
So, do you think
he was looking for somewhere
226
00:09:38,032 --> 00:09:40,525
to put that amped-up energy?
227
00:09:40,593 --> 00:09:42,920
I don't know. I hope not.
228
00:09:44,855 --> 00:09:46,788
No further questions, Your Honor.
229
00:09:48,758 --> 00:09:51,526
Officer Matranga, how long did you work
230
00:09:51,595 --> 00:09:54,295
with Officer Lindsley as partners?
231
00:09:54,364 --> 00:09:55,864
Almost two years.
232
00:09:55,966 --> 00:10:00,068
And over the course of two years,
233
00:10:00,137 --> 00:10:04,733
did you ever report
Mr. Lindsley to your superior?
234
00:10:04,959 --> 00:10:06,325
[CHUCKLES] No.
235
00:10:06,427 --> 00:10:09,995
Did you ever express
any reservations about
236
00:10:10,064 --> 00:10:14,266
working with him
or ask for a new assignment?
237
00:10:15,903 --> 00:10:16,903
No.
238
00:10:16,971 --> 00:10:19,371
Did the prosecution offer you immunity
239
00:10:19,431 --> 00:10:20,730
to testify today?
240
00:10:20,799 --> 00:10:22,632
I'm testifying because my part...
241
00:10:22,701 --> 00:10:24,034
Yes or no.
242
00:10:24,102 --> 00:10:29,105
Were you offered immunity
in exchange for your testimony?
243
00:10:29,208 --> 00:10:30,373
Yes.
244
00:10:30,398 --> 00:10:35,708
So after two years of saying nothing
245
00:10:35,855 --> 00:10:39,745
about a partner who supposedly
has concerning behavior,
246
00:10:39,869 --> 00:10:41,703
now that it benefits you,
you're willing to say
247
00:10:41,805 --> 00:10:43,504
almost anything to save yourself?
248
00:10:43,606 --> 00:10:44,872
I am telling the truth.
249
00:10:44,974 --> 00:10:46,074
Then let me ask you this.
250
00:10:46,142 --> 00:10:47,475
At what point during the evening
251
00:10:47,544 --> 00:10:51,358
did you believe Officer Lindsley
was violating police protocol?
252
00:10:51,432 --> 00:10:55,368
Was it when you went back
to the car and said nothing?
253
00:10:55,436 --> 00:10:59,371
Or was it when you were
in the car, doing nothing?
254
00:11:00,708 --> 00:11:02,408
I'll ask you this then.
255
00:11:02,477 --> 00:11:06,813
As per your police protocol,
if you were the one
256
00:11:06,881 --> 00:11:09,582
who asked Mr. Josiah
to get out of the car,
257
00:11:10,107 --> 00:11:15,110
if you were the one
standing five feet away
258
00:11:15,178 --> 00:11:18,079
when he reached into a car,
259
00:11:18,148 --> 00:11:21,249
can you know for certain
what you would have done?
260
00:11:26,023 --> 00:11:27,455
No.
261
00:11:27,524 --> 00:11:35,524
♪
262
00:11:36,592 --> 00:11:39,326
Maybe we go back to Diaz
and offer him a deal.
263
00:11:39,428 --> 00:11:41,228
Without the video of him
harassing Sherwin,
264
00:11:41,297 --> 00:11:42,730
he'll laugh in our faces.
265
00:11:42,798 --> 00:11:44,498
What about trying to
get Sherwin back here?
266
00:11:44,600 --> 00:11:45,733
It's worth a try.
267
00:11:45,801 --> 00:11:48,168
It's fruit from
a poisonous tree now, Saf.
268
00:11:48,237 --> 00:11:49,303
Forget it.
269
00:11:49,372 --> 00:11:51,502
We find something in Lindsley's past.
270
00:11:51,649 --> 00:11:53,983
One of the other incidents.
We... We show a pattern.
271
00:11:54,052 --> 00:11:56,119
Unless we find an incident
where he shot someone,
272
00:11:56,221 --> 00:11:58,054
Judge is never gonna
let us walk down that road.
273
00:11:58,123 --> 00:11:59,589
Maybe we try and say
it's something racial
274
00:11:59,691 --> 00:12:02,024
- and show it was a hate crime?
- That's a whole other charge.
275
00:12:02,093 --> 00:12:04,327
We're not going back to a third
Grand Jury, Charlotte.
276
00:12:04,429 --> 00:12:06,229
You're just gonna sit there
and say no to everything?
277
00:12:06,331 --> 00:12:09,732
I'm not gonna pitch bad ideas
just 'cause we're losing.
278
00:12:09,801 --> 00:12:13,529
If you ask me, I say we...
We leak the video to the press,
279
00:12:13,648 --> 00:12:14,937
make sure the jury sees it.
280
00:12:15,039 --> 00:12:16,072
No.
281
00:12:16,174 --> 00:12:18,361
I'm not putting that lynching
porn on the Internet
282
00:12:18,456 --> 00:12:19,642
for Marcel and his sister to grow up
283
00:12:19,711 --> 00:12:21,010
watching their father get murdered.
284
00:12:21,112 --> 00:12:23,247
Well, how about calling
Marcel to the stand?
285
00:12:23,514 --> 00:12:24,914
I'm almost afraid to mention it
286
00:12:24,982 --> 00:12:27,024
'cause you're too close to that family,
287
00:12:27,226 --> 00:12:31,338
and everybody in this room
knows we got no choice now.
288
00:12:32,929 --> 00:12:35,733
Alright. I'm gonna get some fresh air.
289
00:12:35,768 --> 00:12:36,969
Aaron.
290
00:12:39,272 --> 00:12:40,598
Aaron.
291
00:12:43,576 --> 00:12:44,852
I blew it.
292
00:12:45,979 --> 00:12:47,678
I blew the whole thing.
293
00:12:47,780 --> 00:12:51,549
♪
294
00:12:51,651 --> 00:12:53,152
Aaron?
295
00:12:53,786 --> 00:12:55,086
- Aaron?
- What?
296
00:12:55,188 --> 00:12:56,554
I'm... I'm sorry.
297
00:12:56,656 --> 00:12:57,989
That didn't come out
the way I wanted it to.
298
00:12:58,091 --> 00:12:59,617
MAN: Aaron Wallace?
299
00:13:00,360 --> 00:13:02,159
Big man.
300
00:13:02,261 --> 00:13:03,661
Righteous man.
301
00:13:03,763 --> 00:13:05,396
You got... You got a problem?
302
00:13:05,498 --> 00:13:07,431
Nah, nah, I think he does, though.
303
00:13:07,533 --> 00:13:10,201
Whoa, whoa, whoa, easy!
Easy! Easy! Easy! Easy!
304
00:13:10,303 --> 00:13:11,469
Blue Lives Matter!
305
00:13:11,571 --> 00:13:12,803
Ohh!
306
00:13:12,872 --> 00:13:13,877
[GROANING]
307
00:13:13,902 --> 00:13:15,110
AARON: Henry!
308
00:13:15,308 --> 00:13:16,308
Oh! What happened?!
309
00:13:16,409 --> 00:13:17,942
Call an ambulance! He's been shot!
310
00:13:18,044 --> 00:13:19,343
He's bleeding bad!
311
00:13:19,445 --> 00:13:21,512
We need something to wrap it!
Charlotte, get some towels!
312
00:13:21,614 --> 00:13:22,980
Are you all right?
313
00:13:23,082 --> 00:13:24,148
Yeah. You're gonna be okay, Henry.
314
00:13:24,250 --> 00:13:25,950
- We got you. We got you.
- [GROANS]
315
00:13:28,204 --> 00:13:29,817
[FOOTSTEPS APPROACHING]
316
00:13:29,923 --> 00:13:31,190
Aaron!
317
00:13:35,009 --> 00:13:36,576
What do the doctors say?
318
00:13:36,644 --> 00:13:38,978
- He's still in the O.R.
- Oh, my God.
319
00:13:39,047 --> 00:13:40,646
When I first heard,
I thought I lost you.
320
00:13:40,748 --> 00:13:42,782
I know. I know.
321
00:13:42,884 --> 00:13:44,684
Did you talk to Jazz?
322
00:13:44,752 --> 00:13:47,720
Yeah. She's okay.
She knows I'm all right.
323
00:13:48,551 --> 00:13:50,725
REPORTER: The gunman's apparent
target was Aaron Wallace,
324
00:13:50,793 --> 00:13:53,307
who's angered conservative
groups who believe
325
00:13:53,394 --> 00:13:55,963
he's on a crusade to destroy the NYPD.
326
00:13:56,555 --> 00:13:59,222
Once again, Special Prosecutor
Aaron Wallace
327
00:13:59,291 --> 00:14:02,054
appears to have been
the intended target.
328
00:14:02,123 --> 00:14:04,123
_
329
00:14:06,131 --> 00:14:08,298
[VENTILATOR HISSING, MONITOR BEEPING]
330
00:14:08,367 --> 00:14:10,521
He stepped in front of me.
331
00:14:15,067 --> 00:14:17,007
He took a bullet for me.
332
00:14:17,109 --> 00:14:18,742
[CELLPHONE VIBRATING]
333
00:14:26,198 --> 00:14:27,230
Hey, Elaine.
334
00:14:27,332 --> 00:14:28,565
Is everything all right?
335
00:14:28,667 --> 00:14:30,567
Yeah, I'm fine. And so is Henry.
336
00:14:30,668 --> 00:14:33,096
Oh, my God. This is...
337
00:14:33,143 --> 00:14:34,193
I know.
338
00:14:34,223 --> 00:14:35,877
So, what happens now?
339
00:14:35,946 --> 00:14:37,612
The Judge will give us a mistrial.
340
00:14:37,714 --> 00:14:40,415
We can start over in a few months.
341
00:14:40,831 --> 00:14:42,864
We get Henry back, regroup,
342
00:14:42,966 --> 00:14:45,667
and hopefully this
whole thing dies down.
343
00:14:45,769 --> 00:14:47,402
No. It won't.
344
00:14:47,471 --> 00:14:49,070
And you can't give
that young cop a chance
345
00:14:49,172 --> 00:14:51,039
to change his story again.
346
00:14:51,108 --> 00:14:53,063
The thing is, Elaine...
347
00:14:53,710 --> 00:14:55,243
is we're losing.
348
00:14:55,345 --> 00:14:56,377
Pretty bad.
349
00:14:56,480 --> 00:14:57,912
So without that video...
350
00:14:58,015 --> 00:15:00,257
That's why you're gonna put
Marcel on the stand.
351
00:15:00,421 --> 00:15:02,054
We didn't want to do that.
352
00:15:02,123 --> 00:15:04,390
Andy is never coming back, Aaron.
353
00:15:04,458 --> 00:15:05,925
If anything is gonna break Marcel,
354
00:15:05,993 --> 00:15:08,394
it's gonna be not having his father.
355
00:15:08,496 --> 00:15:11,430
Marcel can testify
that Andy wasn't arguing.
356
00:15:11,499 --> 00:15:12,865
He can also tell the jury
357
00:15:12,934 --> 00:15:15,968
that that man pointed a gun at him.
358
00:15:16,437 --> 00:15:19,805
We've come this far.
We gotta finish this now.
359
00:15:19,907 --> 00:15:21,340
[SIGHS]
360
00:15:24,044 --> 00:15:26,311
I didn't want it to come to this.
361
00:15:26,380 --> 00:15:28,981
I put you in this position.
362
00:15:29,049 --> 00:15:31,917
You haven't seen your kids
in over a month.
363
00:15:33,907 --> 00:15:36,240
I know what you've sacrificed
to do this with me.
364
00:15:39,398 --> 00:15:41,532
[FOOTSTEPS APPROACHING]
365
00:15:43,656 --> 00:15:45,589
Give me a minute.
366
00:15:47,551 --> 00:15:49,851
How's Henry doing?
367
00:15:49,953 --> 00:15:51,019
[SIGHS]
368
00:15:51,087 --> 00:15:52,320
He'll be out of commission for a while,
369
00:15:52,389 --> 00:15:54,823
but... seems like he'll be all right.
370
00:15:54,891 --> 00:15:56,958
I know how close you two are.
371
00:15:57,060 --> 00:15:59,160
I heard you had some issues, too.
372
00:15:59,262 --> 00:16:03,631
Mm. Nothing like that. Just hate mail.
373
00:16:04,193 --> 00:16:05,993
Yeah. People are having a hard time
374
00:16:06,062 --> 00:16:08,423
figuring out what it
is you're doing here.
375
00:16:09,131 --> 00:16:11,465
There can't be any doubt
in your mind he's a racist.
376
00:16:11,889 --> 00:16:14,156
And that he shot Andy in cold blood.
377
00:16:14,225 --> 00:16:16,292
As a matter of fact, I do have doubt.
378
00:16:16,360 --> 00:16:18,694
And he deserves the benefit
of that, like anyone else.
379
00:16:18,796 --> 00:16:20,863
He had plenty of lawyers to choose from,
380
00:16:20,931 --> 00:16:23,632
so it wasn't exactly your
civic duty to take this on.
381
00:16:23,734 --> 00:16:25,134
So if a Black woman does anything
382
00:16:25,236 --> 00:16:27,670
outside of your rulebook,
she's a race traitor.
383
00:16:27,738 --> 00:16:29,038
It's got nothing to do with
you being a woman.
384
00:16:29,140 --> 00:16:31,106
If a Black woman's literally not
walking behind the coffin,
385
00:16:31,175 --> 00:16:33,275
holding a handkerchief, with her
head down in deference...
386
00:16:33,377 --> 00:16:35,010
- You representing him...
- ...burn her at the stake.
387
00:16:35,112 --> 00:16:37,392
...condones what he did. Period.
388
00:16:39,849 --> 00:16:42,817
Do you know how many
Black women were beaten,
389
00:16:42,885 --> 00:16:47,822
shot, arrested the same week
as Andy Josiah?
390
00:16:47,924 --> 00:16:50,291
Why don't you take one of their cases?
391
00:16:50,731 --> 00:16:52,364
There was a Black woman
392
00:16:52,432 --> 00:16:55,200
who was killed in her own home by cops.
393
00:16:55,302 --> 00:16:57,168
I don't see the outrage for her.
394
00:16:57,270 --> 00:16:59,104
Where's her burning buildings?
395
00:17:02,309 --> 00:17:04,945
I'm sorry about what happened to you,
396
00:17:05,679 --> 00:17:08,146
and I respect what
you've done for yourself.
397
00:17:08,215 --> 00:17:11,410
I don't think it's too much
to expect the same from you.
398
00:17:19,564 --> 00:17:22,866
We are reconvening today under
very extreme circumstances.
399
00:17:22,934 --> 00:17:25,135
If the prosecution
would like an adjournment,
400
00:17:25,203 --> 00:17:28,037
the court would of course be amenable.
401
00:17:28,140 --> 00:17:29,636
Thank you, Your Honor.
402
00:17:31,029 --> 00:17:32,528
We're ready to proceed.
403
00:17:32,997 --> 00:17:35,476
Then present your next witness, please.
404
00:17:39,804 --> 00:17:41,537
You ready, Big Man?
405
00:17:41,606 --> 00:17:44,610
If I tell you, will this man go to jail?
406
00:17:45,477 --> 00:17:47,210
[SIGHS]
407
00:17:47,312 --> 00:17:49,312
You just tell the judge
everything you know,
408
00:17:49,741 --> 00:17:52,108
and I'll do my job, alright?
409
00:17:53,051 --> 00:17:54,417
Alright.
410
00:17:55,820 --> 00:17:58,020
The People call Marcel Josiah.
411
00:17:58,123 --> 00:18:04,427
♪
412
00:18:04,529 --> 00:18:10,900
♪
413
00:18:12,866 --> 00:18:14,533
[POLICE RADIO CHATTER]
414
00:18:15,653 --> 00:18:18,391
I'm sure the Attorney General's
office will give you a call,
415
00:18:18,416 --> 00:18:20,617
but I just heard
that they arrested the guy
416
00:18:20,685 --> 00:18:21,931
who shot Roswell.
417
00:18:22,030 --> 00:18:23,086
Who is he?
418
00:18:23,177 --> 00:18:24,621
Name's Mark Bosworth.
419
00:18:24,689 --> 00:18:26,689
No connection to police.
420
00:18:26,758 --> 00:18:28,358
Well, he was spouting off
"Blue Lives Matter."
421
00:18:28,460 --> 00:18:30,527
Mm. There's a lot of Internet chatter.
422
00:18:30,595 --> 00:18:32,862
Seems like he drove
all the way up from Virginia.
423
00:18:33,325 --> 00:18:35,258
I guess this story's going national.
424
00:18:35,327 --> 00:18:38,795
Listen, when the trial's over,
425
00:18:38,864 --> 00:18:42,332
I'm gonna recommend to the DA
that you be taken off probation.
426
00:18:42,809 --> 00:18:45,109
We both know it's ridiculous.
427
00:18:45,796 --> 00:18:47,678
So what?
428
00:18:47,747 --> 00:18:49,547
We're not gonna be hanging out
like this no more?
429
00:18:49,615 --> 00:18:51,415
Just keep doing what you're doing.
430
00:18:51,943 --> 00:18:53,692
Win or lose,
431
00:18:53,772 --> 00:18:56,513
you're a role model to a lot
of people right now.
432
00:18:56,581 --> 00:18:58,982
Including my 9-year-old son.
433
00:19:00,452 --> 00:19:02,729
You really came through for me, Scotty.
434
00:19:04,106 --> 00:19:05,622
Thank you.
435
00:19:05,724 --> 00:19:07,257
[CELLPHONE VIBRATING]
436
00:19:09,727 --> 00:19:11,494
Say good night to Marie for me.
437
00:19:15,133 --> 00:19:16,432
Hey.
438
00:19:16,501 --> 00:19:19,769
I have a play that would give us
back the idea of the video.
439
00:19:19,838 --> 00:19:21,704
What do you mean the "idea"?
440
00:19:21,806 --> 00:19:25,274
ROBERTS: The People call Marco Diaz.
441
00:19:30,882 --> 00:19:33,218
- [DOOR CLOSES]
- Something happen to him?
442
00:19:36,613 --> 00:19:38,446
Do you swear to tell the truth,
the whole truth
443
00:19:38,515 --> 00:19:40,148
and nothing but the truth,
so help you God?
444
00:19:40,250 --> 00:19:41,750
I do.
445
00:19:42,119 --> 00:19:44,319
Lieutenant Diaz. Good morning.
446
00:19:44,388 --> 00:19:46,454
No, it isn't.
447
00:19:46,873 --> 00:19:49,040
No. I suppose you're right.
448
00:19:49,109 --> 00:19:51,943
Certainly not for
the family of Andy Josiah.
449
00:19:52,045 --> 00:19:53,578
Or Officer Lindsley.
450
00:19:53,647 --> 00:19:55,647
Or any other person
who puts on the uniform
451
00:19:55,715 --> 00:19:57,415
and goes out into the streets
to protect people like you.
452
00:19:57,484 --> 00:19:58,983
Okay. Well, I'm glad we're clear
453
00:19:59,052 --> 00:20:01,019
about your attitude about all of this.
454
00:20:01,408 --> 00:20:04,042
Let's get to what happened
the night of June 9th.
455
00:20:04,111 --> 00:20:06,144
Were you present on the scene the night
456
00:20:06,213 --> 00:20:10,582
that Andy Josiah was shot in
the back by Officer Lindsley?
457
00:20:11,356 --> 00:20:13,290
I arrived at the scene afterwards.
458
00:20:13,315 --> 00:20:14,747
And what was your role there?
459
00:20:14,798 --> 00:20:16,465
To supervise the investigation.
460
00:20:16,861 --> 00:20:18,194
Was it part of your job to collect
461
00:20:18,263 --> 00:20:20,129
witness interviews on the scene?
462
00:20:20,232 --> 00:20:21,497
- It always is.
- Mm-hmm.
463
00:20:21,566 --> 00:20:24,434
And... And were any witness
interviews conducted?
464
00:20:24,502 --> 00:20:26,502
There wasn't anybody around, so no.
465
00:20:26,605 --> 00:20:29,872
Did anyone canvass the neighborhood?
466
00:20:29,941 --> 00:20:31,140
Not to my knowledge, no.
467
00:20:31,209 --> 00:20:33,409
Look for video surveillance footage?
468
00:20:33,511 --> 00:20:35,612
I was told there was
nothing in the area.
469
00:20:35,714 --> 00:20:36,746
By whom?
470
00:20:36,848 --> 00:20:38,314
The uniform on scene.
471
00:20:38,416 --> 00:20:39,649
Can't remember who.
472
00:20:39,718 --> 00:20:41,918
So you don't remember
473
00:20:42,020 --> 00:20:44,354
going into Sherwin Maloof's bodega
474
00:20:44,422 --> 00:20:47,924
and asking him about
the existence of video footage?
475
00:20:48,669 --> 00:20:50,059
Nope.
476
00:20:50,161 --> 00:20:54,650
Well, this is video taken
from inside the bodega.
477
00:20:54,703 --> 00:20:56,603
- Is that you, Lieutenant Diaz?
- Objection!
478
00:20:56,705 --> 00:20:57,990
No. He just said he didn't remember.
479
00:20:58,037 --> 00:20:59,472
I'm merely refreshing his recollection.
480
00:20:59,541 --> 00:21:02,545
It's a backdoor way to avoid
the authentication ruling.
481
00:21:02,672 --> 00:21:04,205
We're not seeking to introduce this
482
00:21:04,307 --> 00:21:05,965
as evidence, Your Honor.
483
00:21:06,153 --> 00:21:09,254
Rule 6.09 subdivision one
specifically allows
484
00:21:09,323 --> 00:21:11,390
the use of a writing or other matter
485
00:21:11,459 --> 00:21:13,425
precisely for this purpose.
486
00:21:13,527 --> 00:21:15,461
She's not wrong, Ms. Marshall.
487
00:21:15,529 --> 00:21:17,262
Overruled.
488
00:21:17,331 --> 00:21:19,097
So, Lieutenant Diaz,
489
00:21:19,166 --> 00:21:21,410
is this helping you jog your memory?
490
00:21:22,436 --> 00:21:24,002
I don't know when that is.
491
00:21:24,071 --> 00:21:28,240
Well, the date/time code at
the bottom indicates June 9th.
492
00:21:28,309 --> 00:21:31,977
Do you remember what you
and Mr. Maloof talked about?
493
00:21:32,337 --> 00:21:33,712
No.
494
00:21:33,814 --> 00:21:34,947
Oh.
495
00:21:35,015 --> 00:21:36,882
Well, that right there
496
00:21:36,984 --> 00:21:39,218
looks like you getting
a flash drive from him.
497
00:21:39,728 --> 00:21:41,995
Where is that flash drive now,
Lieutenant?
498
00:21:42,064 --> 00:21:43,563
I don't know.
499
00:21:43,632 --> 00:21:46,633
Did that flash drive
contain footage of the shooting,
500
00:21:46,735 --> 00:21:48,702
Lieutenant Diaz?
501
00:21:50,506 --> 00:21:53,373
On advice of counsel,
I'm gonna plead the fifth.
502
00:21:53,475 --> 00:21:55,075
Did you destroy it?
503
00:21:55,144 --> 00:21:57,324
On advice of counsel,
I'm gonna plead the fifth.
504
00:21:57,366 --> 00:22:00,230
We're willing to offer you
immunity from any perjury charges
505
00:22:00,291 --> 00:22:02,291
if you correct your
previous statement right now.
506
00:22:02,359 --> 00:22:06,261
So I'm gonna ask you one more time.
507
00:22:06,330 --> 00:22:08,530
Was there something on that video
508
00:22:08,599 --> 00:22:11,333
that made you concerned
that Officer Lindsley
509
00:22:11,435 --> 00:22:15,671
had committed a crime
when he shot Andy Josiah?
510
00:22:16,398 --> 00:22:19,301
On advice of counsel,
I'm gonna plead the fifth.
511
00:22:21,897 --> 00:22:24,832
I suppose you believe your
loyalty to your fellow officers
512
00:22:24,907 --> 00:22:27,726
is admirable, Lieutenant.
513
00:22:31,080 --> 00:22:32,479
We need to talk.
514
00:22:32,581 --> 00:22:34,399
What's going on?
515
00:22:35,117 --> 00:22:37,235
Diaz was attacked last night.
516
00:22:37,953 --> 00:22:38,953
What?
517
00:22:39,021 --> 00:22:41,522
They got him outside his house.
518
00:22:41,624 --> 00:22:42,756
It was a warning.
519
00:22:42,825 --> 00:22:45,159
He better put the word out
to lay off you.
520
00:22:45,227 --> 00:22:46,660
And you think I have
something to do with it?
521
00:22:46,729 --> 00:22:48,955
I know you have friends
in lots of places.
522
00:22:49,532 --> 00:22:51,899
I spent nine years
fighting for my freedom.
523
00:22:51,967 --> 00:22:55,969
I'm not gonna throw that away,
not for anything.
524
00:22:56,071 --> 00:22:57,371
That's good enough for me.
525
00:22:57,473 --> 00:22:59,306
And what about Diaz?
526
00:22:59,408 --> 00:23:03,010
He said the... the guys
had Russian accents.
527
00:23:03,112 --> 00:23:04,945
He doesn't know what to make of it.
528
00:23:05,047 --> 00:23:06,580
Is he gonna report it?
529
00:23:06,682 --> 00:23:08,515
I urged him not to.
530
00:23:08,617 --> 00:23:11,351
He agreed it would only
escalate everything.
531
00:23:11,453 --> 00:23:13,921
And he doesn't want any more attention.
532
00:23:15,891 --> 00:23:18,058
[SIGHS]
533
00:23:18,160 --> 00:23:20,427
This is getting out of control.
534
00:23:25,398 --> 00:23:27,166
Well, Diaz said
he heard Russian accents,
535
00:23:27,860 --> 00:23:29,258
but I think they were Albanian.
536
00:23:29,332 --> 00:23:30,864
I just don't think
he knows the difference.
537
00:23:30,967 --> 00:23:32,199
Albanian?
538
00:23:32,301 --> 00:23:33,934
Davit.
539
00:23:34,793 --> 00:23:36,570
Do you think Jamal arranged this?
540
00:23:36,639 --> 00:23:39,506
He was saying something about
getting me protection.
541
00:23:39,898 --> 00:23:42,966
He knows that Davit owes me from
what I did for his cousin.
542
00:23:43,035 --> 00:23:45,141
If anyone from probation
finds out about this...
543
00:23:45,226 --> 00:23:46,603
I know.
544
00:23:47,075 --> 00:23:48,741
I'm not gonna tell you
you need to throw him away.
545
00:23:48,810 --> 00:23:52,244
It's just, you're gonna
have to handle him somehow.
546
00:23:52,313 --> 00:23:54,080
Yeah.
547
00:23:56,651 --> 00:23:58,617
You ready for tomorrow?
548
00:23:58,686 --> 00:24:01,987
Yeah. It'll be Lindsley on the stand.
549
00:24:02,499 --> 00:24:04,766
It'll all come down to that.
550
00:24:04,835 --> 00:24:07,802
I don't want to testify.
551
00:24:07,905 --> 00:24:09,337
What are you talking about?
552
00:24:09,406 --> 00:24:11,106
You have to give your side of the story.
553
00:24:11,175 --> 00:24:12,641
Burden of proof's on them.
554
00:24:12,709 --> 00:24:14,075
You made Matranga look like a weasel.
555
00:24:14,144 --> 00:24:15,277
But they scored with Diaz.
556
00:24:15,345 --> 00:24:16,978
They don't have the video!
557
00:24:17,469 --> 00:24:19,569
To half that jury,
Diaz just looks like a guy
558
00:24:19,671 --> 00:24:20,804
trying to take care of his own.
559
00:24:20,872 --> 00:24:22,105
Which is the truth.
560
00:24:22,174 --> 00:24:24,107
You have to speak
unto your state of mind,
561
00:24:24,176 --> 00:24:26,977
what you were thinking when
Josiah reached into the car.
562
00:24:27,435 --> 00:24:28,701
Well, it's not complicated.
563
00:24:28,803 --> 00:24:30,903
Everybody understands the circumstances.
564
00:24:30,972 --> 00:24:33,239
I get it's gonna be
uncomfortable, Edgar,
565
00:24:33,308 --> 00:24:35,617
but your story is convincing.
566
00:24:35,704 --> 00:24:38,189
If it wasn't, I would have
never stayed on the case.
567
00:24:38,774 --> 00:24:41,067
I pointed my gun at the kid.
568
00:24:41,644 --> 00:24:44,011
He's gonna ask me about it,
569
00:24:44,079 --> 00:24:46,213
and I'm not gonna have an answer.
570
00:24:46,282 --> 00:24:47,815
You were scared.
571
00:24:47,917 --> 00:24:49,383
That's your answer.
572
00:24:49,485 --> 00:24:51,785
And when he asks me why?
573
00:24:51,854 --> 00:24:53,954
If I would've been scared
if they were white?
574
00:24:54,056 --> 00:24:55,088
Like you told me before...
575
00:24:55,157 --> 00:24:56,590
Anyone who reached
into their car like that
576
00:24:56,692 --> 00:24:58,392
would've frightened you.
577
00:24:59,252 --> 00:25:01,795
You saw the boy.
578
00:25:01,864 --> 00:25:05,265
Wallace will tear me apart.
579
00:25:05,800 --> 00:25:07,234
He'll try.
580
00:25:07,902 --> 00:25:11,203
But only you can say
you regret what happened.
581
00:25:13,941 --> 00:25:15,340
JUDGE HOWELL: Does the Defense
have any witnesses
582
00:25:15,409 --> 00:25:17,228
it would like to call?
583
00:25:20,165 --> 00:25:21,531
Ms. Marshall?
584
00:25:21,600 --> 00:25:22,866
VERONICA: The Defense feels no need
585
00:25:22,935 --> 00:25:24,501
to call any witnesses, Your Honor.
586
00:25:24,603 --> 00:25:26,336
He's a coward.
587
00:25:26,438 --> 00:25:29,139
Then we'll proceed
with closing arguments.
588
00:25:29,241 --> 00:25:30,867
For the Defense?
589
00:25:33,545 --> 00:25:39,115
The prosecution's case
rests on three things.
590
00:25:39,642 --> 00:25:43,177
First, the testimony of Philip Matranga,
591
00:25:43,246 --> 00:25:47,682
who claims Officer Lindsley
has a tendency to overreact
592
00:25:47,751 --> 00:25:51,953
with violence, and yet,
he never came forward.
593
00:25:52,022 --> 00:25:56,773
Second, the prosecution
would have you assume
594
00:25:56,914 --> 00:25:59,981
if Lieutenant Diaz behaved
in an unprofessional way
595
00:26:00,050 --> 00:26:01,883
after he arrived on the scene,
596
00:26:01,952 --> 00:26:05,554
it must mean Officer Lindsley is guilty.
597
00:26:05,622 --> 00:26:08,523
You simply cannot make that assumption.
598
00:26:08,625 --> 00:26:10,365
And finally,
599
00:26:11,595 --> 00:26:14,202
and this is very difficult,
600
00:26:15,553 --> 00:26:19,722
we have the testimony of Marcel Josiah,
601
00:26:19,791 --> 00:26:25,228
a 7-year-old boy, traumatized
by the death of his father,
602
00:26:25,297 --> 00:26:27,830
brought here to deliver justice for him.
603
00:26:28,274 --> 00:26:31,342
Do we really believe he could
distinguish what was happening
604
00:26:31,444 --> 00:26:32,777
inside that car?
605
00:26:32,879 --> 00:26:34,078
Who was saying what?
606
00:26:34,180 --> 00:26:37,748
If his father resisted or not?
607
00:26:37,850 --> 00:26:39,686
We can't know.
608
00:26:40,219 --> 00:26:48,219
But can we send a man to prison
because we hurt for the boy?
609
00:26:48,494 --> 00:26:53,698
Because we ache for his mother?
610
00:26:54,175 --> 00:26:57,477
Because we feel terrible
about the man who was lost?
611
00:26:57,912 --> 00:27:00,213
This was a tragedy,
612
00:27:00,281 --> 00:27:04,383
one that has happened
far too often in this country.
613
00:27:04,452 --> 00:27:08,721
But remember, it was a dark night,
614
00:27:09,357 --> 00:27:11,691
with the entire nation on edge.
615
00:27:11,759 --> 00:27:16,429
Andy Josiah reached into
the window of his car.
616
00:27:16,531 --> 00:27:18,631
That was a mistake.
617
00:27:19,117 --> 00:27:25,273
A terrible, unfortunate mistake
was made by both men.
618
00:27:26,958 --> 00:27:29,486
But a mistake is not a crime.
619
00:27:49,380 --> 00:27:53,516
When they get to around 10 years old,
620
00:27:53,618 --> 00:27:57,987
every Black child in America
gets "the talk."
621
00:27:58,055 --> 00:28:01,891
What to do when accosted
by a police officer.
622
00:28:02,476 --> 00:28:04,360
Hands out your pockets.
623
00:28:04,871 --> 00:28:08,206
Yes, sir, yes, ma'am.
624
00:28:08,583 --> 00:28:11,084
Respect, compliance.
625
00:28:11,152 --> 00:28:17,957
From about that age,
we are taught that this...
626
00:28:18,059 --> 00:28:19,893
This color...
627
00:28:19,995 --> 00:28:22,562
this skin...
628
00:28:22,631 --> 00:28:25,083
will be considered a threat.
629
00:28:27,135 --> 00:28:31,131
Andy did what his father taught him.
630
00:28:32,298 --> 00:28:37,944
He was polite, respectful, compliant.
631
00:28:38,513 --> 00:28:41,349
Officer Matranga told us that.
632
00:28:42,559 --> 00:28:44,784
Now, if it wasn't true,
633
00:28:45,495 --> 00:28:49,730
why would Lieutenant Diaz
go to such lengths
634
00:28:50,066 --> 00:28:53,367
to ensure the video disappeared?
635
00:28:56,472 --> 00:29:00,608
What we'll never know is
what was going through the mind
636
00:29:00,677 --> 00:29:04,745
of Edgar Lindsley
when he shot Andy Josiah.
637
00:29:05,165 --> 00:29:07,248
We can't know
638
00:29:08,024 --> 00:29:10,651
because he never bothered
to fill out a police report.
639
00:29:11,921 --> 00:29:13,423
Why?
640
00:29:14,781 --> 00:29:17,003
Well, the assumption seems
to be that Andy Josiah's family
641
00:29:17,106 --> 00:29:19,639
didn't deserve an explanation.
642
00:29:19,708 --> 00:29:22,409
And that by simply saying nothing,
643
00:29:22,949 --> 00:29:26,717
he would get the benefit of the doubt.
644
00:29:26,819 --> 00:29:29,522
Now, would he have felt that way
645
00:29:30,123 --> 00:29:32,483
if the man he pulled over was white?
646
00:29:33,526 --> 00:29:36,494
If it was a white boy
647
00:29:36,579 --> 00:29:39,397
who was calling out to his father
from the back seat?
648
00:29:39,908 --> 00:29:43,935
If a white man made the "mistake"
649
00:29:44,037 --> 00:29:46,789
of reaching into the car
650
00:29:47,874 --> 00:29:51,475
to help his frightened 7-year-old son,
651
00:29:51,920 --> 00:29:55,479
would Officer Lindsley
have shot him in the back?
652
00:29:57,684 --> 00:30:03,387
Andy would have given his son
that talk sooner or later.
653
00:30:05,475 --> 00:30:10,595
But Marcel doesn't need that
explained to him now, does he?
654
00:30:14,626 --> 00:30:17,127
This all needs to change.
655
00:30:19,322 --> 00:30:22,533
It needs to change right now.
656
00:30:23,722 --> 00:30:25,899
Right here.
657
00:30:26,579 --> 00:30:28,045
Today.
658
00:30:28,147 --> 00:30:33,918
♪
659
00:30:34,020 --> 00:30:39,890
♪
660
00:30:42,971 --> 00:30:45,652
REPORTER: It was a case that
began with an act of violence
661
00:30:45,694 --> 00:30:47,965
and was marred by
the near-fatal shooting
662
00:30:48,012 --> 00:30:49,846
of a special prosecutor.
663
00:30:49,914 --> 00:30:53,216
But now, after six long days
of deliberation,
664
00:30:53,284 --> 00:30:55,451
the jury for the Andy Josiah shooting
665
00:30:55,553 --> 00:30:57,882
informed Judge Patricia Howell
666
00:30:58,003 --> 00:30:59,970
that they were finished.
667
00:31:00,039 --> 00:31:02,306
That's no guarantee
they've reached a verdict,
668
00:31:02,374 --> 00:31:03,674
but one way or another,
669
00:31:03,742 --> 00:31:07,044
this saga will finally
come to an end tomorrow.
670
00:31:07,112 --> 00:31:08,478
MAN: Court is now in session.
671
00:31:08,547 --> 00:31:09,680
JUDGE HOWELL: Thank you.
672
00:31:09,748 --> 00:31:13,050
Madam Foreman,
has the jury reached a verdict?
673
00:31:13,643 --> 00:31:15,543
We have, Your Honor.
674
00:31:15,611 --> 00:31:17,755
Will the Defendant please rise?
675
00:31:23,052 --> 00:31:25,052
As to the first count of the indictment,
676
00:31:25,121 --> 00:31:28,000
Manslaughter in the First Degree,
how does the jury find?
677
00:31:28,241 --> 00:31:30,374
Not guilty, Your Honor.
678
00:31:36,015 --> 00:31:37,865
On the second count of the indictment,
679
00:31:37,919 --> 00:31:40,085
charging Criminally Negligent Homicide,
680
00:31:40,188 --> 00:31:41,954
how does the jury find?
681
00:31:42,023 --> 00:31:43,989
Guilty, Your Honor.
682
00:31:49,689 --> 00:31:52,523
Take it easy. It is the lesser charge.
683
00:31:52,625 --> 00:31:54,292
It's still a felony.
684
00:31:54,360 --> 00:31:57,395
I'm gonna lose my job and my pension.
685
00:31:58,062 --> 00:31:59,839
It's something, Aaron.
686
00:32:00,899 --> 00:32:03,433
It was a slap on the wrist.
687
00:32:04,283 --> 00:32:06,317
Before I issue sentence,
I understand that
688
00:32:06,386 --> 00:32:08,386
Mrs. Josiah would like to say something.
689
00:32:08,488 --> 00:32:10,888
Would you come forward, please?
690
00:32:27,091 --> 00:32:30,059
The jury has decided that what
happened to my husband
691
00:32:30,161 --> 00:32:31,954
was an accident.
692
00:32:33,389 --> 00:32:36,709
Like when a car company
makes faulty brakes.
693
00:32:39,175 --> 00:32:43,744
When there's an accident,
we want to forgive people.
694
00:32:44,000 --> 00:32:46,052
To give them another chance.
695
00:32:47,604 --> 00:32:50,071
But my Andy isn't gonna
get another chance.
696
00:32:50,139 --> 00:32:52,807
Because that "accident"
happened with a gun.
697
00:32:52,875 --> 00:32:57,044
In the hands of a man
with all the power.
698
00:33:00,116 --> 00:33:02,750
[SIGHS] Now, the way I see it,
699
00:33:02,819 --> 00:33:05,619
when you take a job where
you have that kind of power...
700
00:33:05,697 --> 00:33:08,122
you've gotta be more careful.
701
00:33:08,591 --> 00:33:10,591
That means before you get
out of your car to ask someone
702
00:33:10,693 --> 00:33:13,761
about a cellphone or a U-turn,
703
00:33:13,829 --> 00:33:17,959
you gotta think about the fact
that that's somebody's father,
704
00:33:18,801 --> 00:33:21,087
somebody's husband,
705
00:33:21,704 --> 00:33:25,675
somebody's son that
you're gonna be talking to.
706
00:33:29,487 --> 00:33:31,353
If you can't handle that,
707
00:33:31,455 --> 00:33:34,590
if all that makes you too scared,
708
00:33:34,659 --> 00:33:38,961
then there's lots of other jobs
you can do.
709
00:33:39,249 --> 00:33:41,115
Without a gun.
710
00:33:42,493 --> 00:33:45,727
'Cause we can't have any more
"accidents" like this.
711
00:33:49,373 --> 00:33:54,287
The night our son was born,
Andy wrote a letter to him.
712
00:33:55,496 --> 00:33:59,321
I'd like to read it to him
now... in this courtroom.
713
00:33:59,892 --> 00:34:03,994
"Dear Marcel, you were just born.
714
00:34:04,063 --> 00:34:07,998
I held you in my arms
for the first time tonight.
715
00:34:08,067 --> 00:34:12,636
You are so small, your entire
body almost fits in my hand.
716
00:34:12,705 --> 00:34:14,605
I hope you'll grow healthy and strong."
717
00:34:14,707 --> 00:34:16,240
ANDY: ...strong.
718
00:34:16,309 --> 00:34:19,944
But I admit, part of me
wants you to stay this small...
719
00:34:20,046 --> 00:34:22,313
so I can always protect you.
720
00:34:22,415 --> 00:34:24,415
I hope so much for you, Marcel.
721
00:34:24,834 --> 00:34:27,768
That you are happy and healthy.
722
00:34:27,870 --> 00:34:30,604
I hope that you are never afraid.
723
00:34:30,707 --> 00:34:33,384
That you always feel
you can tell me anything.
724
00:34:33,843 --> 00:34:35,309
I hope that you are
725
00:34:35,378 --> 00:34:37,511
quick to forgive
726
00:34:37,613 --> 00:34:40,414
and slow to anger.
727
00:34:40,516 --> 00:34:43,753
I hope that you do what you love.
728
00:34:44,454 --> 00:34:46,320
And that when you fall in love,
729
00:34:46,389 --> 00:34:48,556
it's as special as what me
and your mom have.
730
00:34:49,609 --> 00:34:51,500
Know that I love you.
731
00:34:51,578 --> 00:34:55,889
- Your birth has made me the happiest...
- "the happiest man on Earth.
732
00:34:55,914 --> 00:35:00,851
And I will always be there for you."
733
00:35:02,067 --> 00:35:03,867
"Your dad."
734
00:35:07,394 --> 00:35:09,527
[INHALES DEEPLY]
735
00:35:19,813 --> 00:35:23,615
To protect and serve.
736
00:35:27,286 --> 00:35:29,757
That's what you were supposed to do.
737
00:35:41,270 --> 00:35:43,071
ROBERTS: All rise!
738
00:35:50,544 --> 00:35:52,477
Mr. Lindsley, is there
anything you'd like to say
739
00:35:52,579 --> 00:35:54,479
before I issue your sentence?
740
00:35:55,216 --> 00:35:56,681
No, Your Honor.
741
00:35:57,298 --> 00:35:59,618
You stand before me,
convicted by a jury,
742
00:35:59,686 --> 00:36:01,853
of a single count
of a Non-Violent E-felony
743
00:36:01,922 --> 00:36:04,489
of Criminally Negligent Homicide.
744
00:36:04,525 --> 00:36:07,492
Certainly, Mr. Wallace
and his team have presented
745
00:36:07,586 --> 00:36:09,594
a very compelling case.
746
00:36:10,147 --> 00:36:14,537
I'm deeply troubled by the
testimony of Officer Matranga,
747
00:36:14,590 --> 00:36:16,890
as well as the behavior
of Lieutenant Diaz
748
00:36:16,959 --> 00:36:18,759
in the aftermath of the shooting.
749
00:36:18,827 --> 00:36:22,229
And Mrs. Josiah's pleas,
which are also the pleas
750
00:36:22,297 --> 00:36:24,831
of a bereft and suffering community,
751
00:36:24,900 --> 00:36:27,401
cannot possibly fall on deaf ears.
752
00:36:27,469 --> 00:36:31,004
Nor can the agonizing words
of her son, Marcel,
753
00:36:31,073 --> 00:36:33,306
who lost his father.
754
00:36:33,375 --> 00:36:35,409
Therefore, I am sentencing you
755
00:36:35,477 --> 00:36:37,978
to the maximum term allowable by law,
756
00:36:38,046 --> 00:36:40,333
four years in state prison.
757
00:36:40,670 --> 00:36:43,521
The defendant will now be
remanded to the custody
758
00:36:43,546 --> 00:36:45,746
of the New York State
Department of Corrections
759
00:36:45,815 --> 00:36:47,614
to serve his sentence at a facility
760
00:36:47,683 --> 00:36:49,016
which they will determine.
761
00:36:49,085 --> 00:36:51,335
Officers, execute sentence.
762
00:36:51,360 --> 00:36:52,826
[HANDCUFFS CLICKING]
763
00:36:54,156 --> 00:36:55,956
ROBERTS: This proceeding
being concluded,
764
00:36:56,058 --> 00:36:57,558
the court is now adjourned.
765
00:36:57,660 --> 00:37:02,629
♪
766
00:37:02,732 --> 00:37:07,701
♪
767
00:37:08,289 --> 00:37:09,789
Thank you.
768
00:37:09,858 --> 00:37:11,123
For everything.
769
00:37:11,192 --> 00:37:14,660
No. No. It was you. And Marcel.
770
00:37:14,729 --> 00:37:16,729
You see what you did.
771
00:37:16,831 --> 00:37:19,408
That man is not gonna hurt
anyone anymore.
772
00:37:22,762 --> 00:37:25,196
We're still gonna play chess now, right?
773
00:37:25,265 --> 00:37:27,667
Every Tuesday and Friday.
Four o'clock, alright?
774
00:37:28,934 --> 00:37:30,167
Alright.
775
00:37:31,687 --> 00:37:34,922
Well, it's not all the marbles,
but it's something, guys.
776
00:37:34,990 --> 00:37:36,590
It's acknowledgement.
777
00:37:36,692 --> 00:37:38,492
And accountability.
778
00:37:38,861 --> 00:37:41,528
And a lot better than almost
anyone else has done.
779
00:37:41,597 --> 00:37:43,997
We make a good team.
780
00:37:44,066 --> 00:37:46,400
Well, you're the starting shortstop...
781
00:37:46,468 --> 00:37:49,536
and center fielder and pitching ace.
782
00:37:49,638 --> 00:37:51,104
I don't know what I am.
783
00:37:51,173 --> 00:37:54,007
The scruffy manager who spent
too many years in the minors?
784
00:37:54,076 --> 00:37:55,076
[CHUCKLES]
785
00:37:55,566 --> 00:37:56,999
Well, don't look at me.
786
00:37:57,024 --> 00:37:58,657
I don't know anything about football.
787
00:38:00,714 --> 00:38:03,016
It's baseball, Safiya.
788
00:38:03,562 --> 00:38:05,596
[LAUGHS] Well, I-I knew that, Aaron.
789
00:38:05,664 --> 00:38:07,898
I just wanted to see how much
you underestimated me.
790
00:38:07,967 --> 00:38:09,800
Well, that's one thing we've never done.
791
00:38:09,902 --> 00:38:11,668
No way.
792
00:38:11,737 --> 00:38:15,572
So are we gonna, like,
start a firm or something?
793
00:38:15,674 --> 00:38:17,508
Official?
794
00:38:18,234 --> 00:38:20,667
There's a lot of work to do.
795
00:38:20,736 --> 00:38:22,936
Damn right there is.
796
00:38:23,038 --> 00:38:24,872
Good.
797
00:38:24,940 --> 00:38:26,726
Now I'm gonna go see my kids.
798
00:38:27,877 --> 00:38:29,645
You take care.
799
00:38:30,279 --> 00:38:32,346
[MONITOR BEEPING]
800
00:38:34,400 --> 00:38:36,318
I never did thank you...
801
00:38:37,882 --> 00:38:39,615
for what you did in the hallway.
802
00:38:39,717 --> 00:38:41,250
Aaron, don't.
803
00:38:41,319 --> 00:38:44,987
I hope you weren't trying to
make some kind of amends.
804
00:38:45,089 --> 00:38:46,996
'Cause you don't need to.
805
00:38:47,925 --> 00:38:50,166
It wasn't an amend.
806
00:38:50,861 --> 00:38:53,329
I did it 'cause I love you.
807
00:38:53,431 --> 00:38:59,501
♪
808
00:38:59,603 --> 00:39:05,374
♪
809
00:39:06,507 --> 00:39:08,444
I'm gonna do the rest of this tomorrow.
810
00:39:09,286 --> 00:39:10,852
Sure. Okay.
811
00:39:10,954 --> 00:39:12,420
You get on home.
812
00:39:12,522 --> 00:39:14,422
Thanks for all your hard work.
813
00:39:15,191 --> 00:39:17,025
Mr. Wallace...?
814
00:39:18,778 --> 00:39:20,962
Do you think we made a difference?
815
00:39:21,064 --> 00:39:22,615
[SIGHS]
816
00:39:23,433 --> 00:39:25,834
I don't know.
817
00:39:26,496 --> 00:39:27,995
What do you think?
818
00:39:29,847 --> 00:39:31,581
I guess we'll see.
819
00:39:31,649 --> 00:39:37,053
♪
820
00:39:37,121 --> 00:39:38,621
Night.
821
00:39:44,429 --> 00:39:47,630
[DOOR OPENS, CLOSES]
822
00:39:53,471 --> 00:39:55,504
- [LINE RINGING]
- [SIGHS]
823
00:39:56,415 --> 00:39:58,115
There he is.
824
00:39:58,217 --> 00:40:00,083
The Man of the Peoples.
825
00:40:00,152 --> 00:40:02,786
I know what you did with Diaz.
826
00:40:02,888 --> 00:40:04,488
What you talking about?
827
00:40:04,557 --> 00:40:06,156
Don't do me like that.
828
00:40:06,258 --> 00:40:07,558
Let's get real.
829
00:40:07,660 --> 00:40:09,793
So, what, I'm not supposed to
have your back now?
830
00:40:09,895 --> 00:40:11,995
He was my key witness.
831
00:40:12,097 --> 00:40:13,931
I'm lucky he showed up at court.
832
00:40:14,308 --> 00:40:17,443
Well, it was just a brushback pitch.
833
00:40:17,545 --> 00:40:19,745
But it could've blown back on me.
834
00:40:19,847 --> 00:40:21,113
Nah. But it didn't.
835
00:40:21,215 --> 00:40:22,615
And I made sure that it didn't.
836
00:40:22,717 --> 00:40:24,817
Listen, I know you were
trying to protect me,
837
00:40:25,191 --> 00:40:28,292
but I'd be lying
if I said I wasn't worried about
838
00:40:28,360 --> 00:40:29,626
the road you're going down.
839
00:40:29,695 --> 00:40:32,596
I hear you. I hear you.
840
00:40:32,698 --> 00:40:34,098
Listen.
841
00:40:34,166 --> 00:40:35,899
I'm gonna stay out of your
business on the outside
842
00:40:35,924 --> 00:40:37,824
from here on in.
843
00:40:38,003 --> 00:40:40,137
We gotta draw a harder line
than that, Jamal.
844
00:40:40,206 --> 00:40:43,273
[INHALES, EXHALES DEEPLY]
845
00:40:43,342 --> 00:40:46,210
You gotta erase my number
from your burner.
846
00:40:46,740 --> 00:40:49,546
No more texts or calls.
847
00:40:50,035 --> 00:40:51,548
Not from there.
848
00:40:52,079 --> 00:40:57,004
Yeah, we'll just go back to
Wednesdays in the phone bank.
849
00:40:57,184 --> 00:40:59,151
With the Man listening in.
850
00:40:59,253 --> 00:41:01,297
I'll do one better.
851
00:41:02,423 --> 00:41:04,856
I'll be at Bellmore Monday morning.
852
00:41:04,925 --> 00:41:06,725
As your lawyer.
853
00:41:06,794 --> 00:41:09,394
Got some new ideas on your case.
854
00:41:09,496 --> 00:41:10,829
Come on, man.
855
00:41:10,898 --> 00:41:12,597
You a legend now.
856
00:41:12,700 --> 00:41:15,634
You got more important things
you need to focus on.
857
00:41:15,736 --> 00:41:17,669
No, nothing's more important to
me than gettin' you out.
858
00:41:17,738 --> 00:41:20,272
But you gotta let me
know that you want it.
859
00:41:20,747 --> 00:41:22,080
And that you're willing to fight.
860
00:41:26,113 --> 00:41:28,146
Yeah. Whatever it takes.
861
00:41:29,199 --> 00:41:30,949
I'll see you soon.
862
00:41:31,285 --> 00:41:32,818
Right on.
863
00:41:34,221 --> 00:41:35,247
[KEYPAD BEEPS]
864
00:41:36,282 --> 00:41:37,442
[SCOFFS]
865
00:41:39,752 --> 00:41:41,560
[SIGHS]
866
00:41:41,628 --> 00:41:46,832
♪
867
00:41:46,900 --> 00:41:49,501
[CELLPHONE VIBRATING]
868
00:41:49,603 --> 00:41:54,873
♪
869
00:41:55,861 --> 00:41:56,861
Who this?
870
00:41:56,920 --> 00:41:58,586
Bobby said you needed to holler at me.
871
00:41:58,689 --> 00:42:01,189
You thought I forgot about you?
872
00:42:01,258 --> 00:42:03,567
We got unfinished business.
873
00:42:04,594 --> 00:42:06,261
Now how you think we gonna settle it?
874
00:42:06,363 --> 00:42:14,363
♪
875
00:42:15,405 --> 00:42:17,539
[SIGHS]
876
00:42:17,641 --> 00:42:25,641
♪
877
00:42:26,950 --> 00:42:28,850
[POLICE RADIO CHATTER]
878
00:42:28,952 --> 00:42:36,624
♪
879
00:42:37,868 --> 00:42:40,041
Hey. Look at you.
880
00:42:40,113 --> 00:42:42,337
Ready for the world.
881
00:42:42,439 --> 00:42:45,006
[GASPS] Oh, my God, he did it.
882
00:42:45,108 --> 00:42:46,908
Jazz! Ronnie! He stood up!
883
00:42:47,010 --> 00:42:49,672
Oh, lil' man's on his feet?
884
00:42:49,784 --> 00:42:53,448
Yeah. I went to warm up
his milk. Look at him.
885
00:42:53,550 --> 00:42:55,083
JASMINE: Dad, you were
the first one to see him?
886
00:42:55,108 --> 00:42:56,340
Yeah.
887
00:42:56,520 --> 00:42:58,553
Hey, congratulations, Aaron.
888
00:42:58,655 --> 00:43:00,688
- You did Andy proud.
- Thanks.
889
00:43:00,790 --> 00:43:02,543
You did us all proud.
890
00:43:03,599 --> 00:43:05,666
How you feeling?
891
00:43:05,829 --> 00:43:07,381
It's good to be home.
892
00:43:09,306 --> 00:43:11,306
Come on.
893
00:43:11,701 --> 00:43:13,801
RONNIE: Oh, you're walking to your mama?
894
00:43:13,904 --> 00:43:15,103
Yeah.
895
00:43:15,205 --> 00:43:17,372
[LAUGHTER]
64834
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