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These are the user uploaded subtitles that are being translated: 1 00:00:09,357 --> 00:00:11,315 In the criminal justice system, 2 00:00:11,315 --> 00:00:12,708 the people are represented 3 00:00:12,708 --> 00:00:15,232 by two separate, yet equally important groups: 4 00:00:15,232 --> 00:00:17,017 the police, who investigate crime, 5 00:00:17,017 --> 00:00:20,020 and the district attorneys, who prosecute the offenders. 6 00:00:20,020 --> 00:00:21,717 These are their stories. 7 00:00:52,878 --> 00:00:54,054 Hey. 8 00:01:02,149 --> 00:01:04,847 DOA was James Pell, 25. 9 00:01:04,847 --> 00:01:06,675 He was a law student at Hudson. 10 00:01:06,675 --> 00:01:08,155 Time of death? 11 00:01:08,155 --> 00:01:10,461 Based on body temp, I'd give it a two-hour window 12 00:01:10,461 --> 00:01:12,028 between 5:00 and 7:00 a.m. 13 00:01:12,028 --> 00:01:13,508 Cause of death? 14 00:01:13,508 --> 00:01:15,640 Best guess is, he was struck with a blunt object. 15 00:01:15,640 --> 00:01:17,686 Techs haven't found the murder weapon, but take your pick. 16 00:01:19,992 --> 00:01:21,472 Get a dive crew down here. 17 00:01:21,472 --> 00:01:23,344 Have them search around the docks. 18 00:01:23,344 --> 00:01:24,823 Who's got his cell phone? 19 00:01:24,823 --> 00:01:26,869 He didn't have one on him. 20 00:01:26,869 --> 00:01:29,567 Well, this had to be connected to something. 21 00:01:29,567 --> 00:01:31,439 It could be that the killer tried to take his phone. 22 00:01:31,439 --> 00:01:34,703 DOA puts up a fight, ends up a floater. 23 00:01:34,703 --> 00:01:35,965 Who found the guy? 24 00:01:35,965 --> 00:01:38,446 Maintenance worker. Name's Larry Brand. 25 00:01:40,622 --> 00:01:42,667 I showed up to do repairs on the dock at 7:30. 26 00:01:42,667 --> 00:01:44,016 Dead guy was floating right next to it. 27 00:01:44,016 --> 00:01:46,149 I called 911 right away. 28 00:01:46,149 --> 00:01:47,803 - You recognize him? - Nope. 29 00:01:47,803 --> 00:01:50,371 All these Hudson kids look the same to me. 30 00:01:50,371 --> 00:01:52,547 Did you see anything unusual when you got here? 31 00:01:52,547 --> 00:01:53,591 Yeah. 32 00:01:53,591 --> 00:01:54,549 A dead guy. 33 00:01:56,986 --> 00:01:58,553 Nothing else. 34 00:01:58,553 --> 00:02:01,730 Yeah, well, if you remember anything else, give us a call. 35 00:02:04,515 --> 00:02:06,474 Had a lot going for him-- 36 00:02:06,474 --> 00:02:09,781 handsome, athletic, the best law school in the country. 37 00:02:09,781 --> 00:02:11,174 Who would want to kill a guy like that? 38 00:02:11,174 --> 00:02:12,828 Today? Pretty much anybody. 39 00:03:01,616 --> 00:03:03,792 Well, the boathouse cams were useless. 40 00:03:03,792 --> 00:03:05,272 Paint crew moved them during repairs. 41 00:03:05,272 --> 00:03:07,099 Dive crew struck out too. 42 00:03:07,099 --> 00:03:09,101 Didn't come up with a phone or a murder weapon. 43 00:03:09,101 --> 00:03:11,278 Did you reach the parents in Ohio? 44 00:03:11,278 --> 00:03:12,714 Yeah, I just spoke with them. 45 00:03:12,714 --> 00:03:14,498 Told me how proud they were their son had made it 46 00:03:14,498 --> 00:03:15,760 all the way to Hudson. 47 00:03:15,760 --> 00:03:18,023 It was his ambition since high school. 48 00:03:18,023 --> 00:03:20,765 Did they know if anything unusual had been going on? 49 00:03:20,765 --> 00:03:22,680 They said they didn't speak with him much. 50 00:03:22,680 --> 00:03:25,248 Said he was super focused, dropped ties with everyone 51 00:03:25,248 --> 00:03:27,337 from his hometown once he started law school. 52 00:03:27,337 --> 00:03:28,643 Tale as old as time. 53 00:03:28,643 --> 00:03:30,253 Someone just turned on Pell's phone. 54 00:03:30,253 --> 00:03:31,515 I've got a location. 55 00:03:31,515 --> 00:03:32,864 I'll get a warrant. 56 00:03:40,089 --> 00:03:42,526 Hello, ma'am. We're investigating a homicide. 57 00:03:42,526 --> 00:03:44,006 We have a warrant to search this apartment 58 00:03:44,006 --> 00:03:45,312 for the victim's cell phone. 59 00:03:47,618 --> 00:03:50,708 Do I look like I killed someone and took their phone? 60 00:03:50,708 --> 00:03:53,755 No, ma'am. But we still need to come in. 61 00:03:53,755 --> 00:03:58,803 Sebastian, you know anything about a missing cell phone? 62 00:04:10,293 --> 00:04:11,686 Police! 63 00:04:16,386 --> 00:04:17,779 Clear. 64 00:04:19,955 --> 00:04:21,826 NYPD! 65 00:04:21,826 --> 00:04:23,437 Police! 66 00:04:30,879 --> 00:04:32,272 Hey, Sebastian. 67 00:04:34,448 --> 00:04:35,710 I know you're in here. 68 00:04:37,494 --> 00:04:39,279 Let's do this the easy way, huh? 69 00:04:57,253 --> 00:04:59,603 Stay down. Give me your hands. 70 00:04:59,603 --> 00:05:01,823 I see you chose the easy way. 71 00:05:05,566 --> 00:05:07,916 Like I keep saying, I didn't do anything wrong. 72 00:05:07,916 --> 00:05:09,265 Then why'd you run? 73 00:05:09,265 --> 00:05:11,267 - I was scared. - Of what? 74 00:05:11,267 --> 00:05:12,616 The police. 75 00:05:14,618 --> 00:05:16,359 You're scared of the police? 76 00:05:18,274 --> 00:05:19,493 You know what it's like. 77 00:05:23,888 --> 00:05:25,586 And you don't think it had anything to do 78 00:05:25,586 --> 00:05:27,152 with all those stolen cell phones you had? 79 00:05:27,152 --> 00:05:29,111 To be honest, we don't care about the phones. 80 00:05:29,111 --> 00:05:30,330 We care about murders. 81 00:05:30,330 --> 00:05:31,461 We're homicide detectives. 82 00:05:31,461 --> 00:05:33,071 What are you talking about? 83 00:05:33,071 --> 00:05:35,987 One of the phones we recovered from your backpack 84 00:05:35,987 --> 00:05:38,163 belongs to a guy we found floating in the river 85 00:05:38,163 --> 00:05:39,469 up by Hudson University. 86 00:05:39,469 --> 00:05:41,079 I got nothing to do with that. 87 00:05:41,079 --> 00:05:42,864 Where were you this morning between 5:00 and 7:00 a.m.? 88 00:05:43,821 --> 00:05:45,997 At home sleeping. You can ask my grandma. 89 00:05:45,997 --> 00:05:48,522 You're gonna have to do a lot better than that, bro. 90 00:05:48,522 --> 00:05:50,175 I had a girl with me--Denise. 91 00:05:50,175 --> 00:05:51,873 She lives on the sixth floor. 92 00:05:51,873 --> 00:05:54,615 Okay, well, I'm gonna need Denise's full name, 93 00:05:54,615 --> 00:05:56,486 her phone number, and for your sake, 94 00:05:56,486 --> 00:05:59,010 she better have been there. 95 00:05:59,010 --> 00:06:00,360 Write. 96 00:06:02,187 --> 00:06:04,233 Where'd you get all those stolen phones? 97 00:06:04,233 --> 00:06:06,496 You steal them? - No. 98 00:06:06,496 --> 00:06:08,846 I buy them off some dude over at Hudson. 99 00:06:08,846 --> 00:06:10,282 Works at the boathouse down the river. 100 00:06:15,070 --> 00:06:16,376 This the guy? 101 00:06:18,116 --> 00:06:19,901 Yeah. 102 00:06:19,901 --> 00:06:21,250 His name is Larry. 103 00:06:28,431 --> 00:06:30,694 Looks like the kid was telling the truth. 104 00:06:30,694 --> 00:06:32,870 His girlfriend, Denise, backed his alibi. 105 00:06:32,870 --> 00:06:34,132 What about Larry Brand? 106 00:06:34,132 --> 00:06:35,482 We check his alibi? 107 00:06:35,482 --> 00:06:38,441 Yeah, he was on the BX19 bus, got off at 7:30. 108 00:06:38,441 --> 00:06:40,225 Video confirms that. - Okay. 109 00:06:40,225 --> 00:06:41,531 So he's not the killer, but he just 110 00:06:41,531 --> 00:06:44,360 steals stuff from dead guys. 111 00:06:44,360 --> 00:06:47,276 Hey, any luck on getting info off of Pell's phone? 112 00:06:47,276 --> 00:06:48,886 He really cares about security. 113 00:06:48,886 --> 00:06:50,453 There are multiple firewalls. 114 00:06:50,453 --> 00:06:53,238 Well, that's odd. I mean, for a law student. 115 00:06:53,238 --> 00:06:54,588 - Anything else? - Yeah. 116 00:06:54,588 --> 00:06:56,328 I just got access to the keycard records 117 00:06:56,328 --> 00:06:57,895 at the boathouse. 118 00:06:57,895 --> 00:07:00,376 Pell swiped in at 5:00, but he wasn't the first one there. 119 00:07:00,376 --> 00:07:01,595 This is Jordan Tyler. 120 00:07:01,595 --> 00:07:03,379 He swiped in 20 minutes before Pell. 121 00:07:03,379 --> 00:07:05,250 Looks like a choirboy. 122 00:07:05,250 --> 00:07:07,252 He is, literally. 123 00:07:09,951 --> 00:07:11,474 I didn't see James this morning. 124 00:07:11,474 --> 00:07:13,302 I was on the water before he got there, 125 00:07:13,302 --> 00:07:14,825 and I left before he came back. 126 00:07:14,825 --> 00:07:16,479 You seem pretty sure about that. 127 00:07:16,479 --> 00:07:18,133 It's not a coincidence. 128 00:07:18,133 --> 00:07:19,917 He rode at the same time every morning, 129 00:07:19,917 --> 00:07:21,963 and I did my best to avoid him. 130 00:07:21,963 --> 00:07:23,181 Why's that? 131 00:07:23,181 --> 00:07:26,620 I don't like to speak ill of the dead, 132 00:07:26,620 --> 00:07:29,100 but James wasn't someone I wanted to associate with. 133 00:07:29,100 --> 00:07:30,319 How come? 134 00:07:30,319 --> 00:07:32,277 We used to train together, 135 00:07:32,277 --> 00:07:35,106 but there was something off about him. 136 00:07:35,106 --> 00:07:37,282 Off? Off how? 137 00:07:37,282 --> 00:07:38,545 The first sign was, 138 00:07:38,545 --> 00:07:40,634 he'd put all his rowing times on social media. 139 00:07:40,634 --> 00:07:43,419 And for some reason, he felt the need to lie 140 00:07:43,419 --> 00:07:45,508 and make them better than they were. 141 00:07:45,508 --> 00:07:49,294 One day he showed me some photos. 142 00:07:49,294 --> 00:07:52,341 They were intimate pictures of a woman 143 00:07:52,341 --> 00:07:53,647 who had broken up with him. 144 00:07:53,647 --> 00:07:55,779 He said he was going to post them online. 145 00:07:55,779 --> 00:07:57,346 Revenge porn. 146 00:07:57,346 --> 00:07:59,000 Do you know this woman's name? 147 00:07:59,000 --> 00:08:00,392 April. 148 00:08:02,046 --> 00:08:05,267 I don't know her last name, but she works at the bar. 149 00:08:08,966 --> 00:08:10,664 Excuse me. April Parks? 150 00:08:10,664 --> 00:08:12,535 We'd like to talk to you about James Pell. 151 00:08:12,535 --> 00:08:14,494 - I've got nothing to say. - Wait. Hold on a second. 152 00:08:14,494 --> 00:08:16,234 I just want to ask a few questions. 153 00:08:16,234 --> 00:08:18,236 I told you, I've got nothing to say. 154 00:08:18,236 --> 00:08:21,239 Which means you got a lot to say. 155 00:08:21,239 --> 00:08:23,067 You're right. I do. 156 00:08:23,067 --> 00:08:25,156 I hate that son of a bitch. 157 00:08:25,156 --> 00:08:28,246 Is that why you, uh, you broke into his apartment 158 00:08:28,246 --> 00:08:30,074 the other night? 159 00:08:30,074 --> 00:08:31,380 We read the police report. 160 00:08:31,380 --> 00:08:32,686 There a problem here? 161 00:08:32,686 --> 00:08:33,600 Yeah. 162 00:08:33,600 --> 00:08:35,558 You margaritas are too sweet. 163 00:08:36,951 --> 00:08:37,995 You're right. 164 00:08:37,995 --> 00:08:39,736 I tried to break into his apartment. 165 00:08:39,736 --> 00:08:42,304 Like I told the cops who arrested me, 166 00:08:42,304 --> 00:08:45,263 he had naked photos of me on his laptop. 167 00:08:45,263 --> 00:08:47,962 I--I wanted to delete them. 168 00:08:47,962 --> 00:08:49,920 Can you tell us what you were doing this morning? 169 00:08:49,920 --> 00:08:52,053 Why? 170 00:08:52,053 --> 00:08:54,229 What's this all about? 171 00:08:54,229 --> 00:08:55,839 James is dead. 172 00:08:55,839 --> 00:08:57,493 Someone killed him. 173 00:08:58,973 --> 00:09:00,540 Where were you this morning around 6:00? 174 00:09:01,845 --> 00:09:04,195 Sleeping. 175 00:09:04,195 --> 00:09:07,198 You can ask my roommates. - Yeah, we will. 176 00:09:07,198 --> 00:09:09,244 How long were you and James together? 177 00:09:09,244 --> 00:09:10,724 Two months. 178 00:09:10,724 --> 00:09:12,595 During that time, did you hear about anybody else 179 00:09:12,595 --> 00:09:14,815 who might hate James as much as you did? 180 00:09:17,121 --> 00:09:21,604 April Park says that you got into a little scuffle 181 00:09:21,604 --> 00:09:24,738 with James Pell a month ago. 182 00:09:24,738 --> 00:09:26,740 By which you mean I tried to shove his face 183 00:09:26,740 --> 00:09:29,133 through a plate glass window? 184 00:09:29,133 --> 00:09:32,180 Well, now that he's dead, can't press charges, right? 185 00:09:32,180 --> 00:09:33,442 Wow, that's cold-blooded-- 186 00:09:33,442 --> 00:09:35,009 cracking jokes about a dead guy. 187 00:09:35,009 --> 00:09:36,401 It's karma, man. 188 00:09:37,881 --> 00:09:40,492 Why don't you have a seat and tell us why 189 00:09:40,492 --> 00:09:43,495 you tried to shove Pell's head through a window? 190 00:09:43,495 --> 00:09:45,236 Because he was named editor-in-chief 191 00:09:45,236 --> 00:09:46,498 of the "Law Review." 192 00:09:46,498 --> 00:09:48,457 - And that made you angry? - Yeah. 193 00:09:48,457 --> 00:09:50,154 'Cause he didn't deserve it. 194 00:09:50,154 --> 00:09:52,461 - Says who? - Says me. 195 00:09:52,461 --> 00:09:53,767 He stole that vote. 196 00:09:53,767 --> 00:09:55,638 He manipulated the outgoing editors. 197 00:09:55,638 --> 00:09:56,987 Pell was an average student. 198 00:09:56,987 --> 00:09:59,468 I mean, he shouldn't even have been in the mix. 199 00:09:59,468 --> 00:10:03,472 But this professor-- Ezra Nichols. 200 00:10:03,472 --> 00:10:04,908 He's like a legend around here. 201 00:10:06,649 --> 00:10:08,129 He went to bat for him. 202 00:10:08,129 --> 00:10:10,653 He convinced the editors they needed to pick Pell. 203 00:10:10,653 --> 00:10:12,829 And why do you think Ezra Nichols 204 00:10:12,829 --> 00:10:15,397 would do something like that for someone like Pell? 205 00:10:15,397 --> 00:10:16,659 Well, there's obviously something 206 00:10:16,659 --> 00:10:18,008 going on between them. 207 00:10:18,008 --> 00:10:19,488 Do you think they were having an affair? 208 00:10:19,488 --> 00:10:21,969 It seemed that way. 209 00:10:21,969 --> 00:10:24,885 Do you have any proof other than this editor thing? 210 00:10:24,885 --> 00:10:27,844 Yeah, I saw them walk into Nichols's office a few times. 211 00:10:27,844 --> 00:10:28,976 So? 212 00:10:28,976 --> 00:10:30,760 Nichols shut the door both times 213 00:10:30,760 --> 00:10:32,893 the second they walked inside. 214 00:10:32,893 --> 00:10:35,591 No professor does that these days. 215 00:10:39,551 --> 00:10:42,032 So Pell is messing around with his professor. 216 00:10:42,032 --> 00:10:43,468 Things go south. 217 00:10:43,468 --> 00:10:44,992 He threatens to go public with the scandal, 218 00:10:44,992 --> 00:10:46,776 and the professor kills him to keep things quiet. 219 00:10:46,776 --> 00:10:50,127 - I mean, it's possible, but-- - But what? 220 00:10:50,127 --> 00:10:52,652 Ezra is married to a woman 221 00:10:52,652 --> 00:10:54,044 and has an impeccable reputation. 222 00:10:54,044 --> 00:10:55,480 I got some bad news for you, James. 223 00:10:55,480 --> 00:10:57,569 Sometimes people lie, even law professors 224 00:10:57,569 --> 00:10:59,093 with wives and impeccable reputations. 225 00:10:59,093 --> 00:11:00,834 Yeah, well, thanks for the life lesson, Frank. 226 00:11:00,834 --> 00:11:02,400 But this is not just some professor. 227 00:11:02,400 --> 00:11:04,533 This is Ezra Nichols. 228 00:11:04,533 --> 00:11:06,187 He's the reason I became a lawyer. 229 00:11:06,187 --> 00:11:08,929 He argued against the voter suppression laws in Arizona, 230 00:11:08,929 --> 00:11:10,800 got all the way to the Supreme Court. 231 00:11:10,800 --> 00:11:13,934 And before that, he's out there fighting for gay rights, 232 00:11:13,934 --> 00:11:16,719 minority rights, the disabled. - I get it. He's a saint. 233 00:11:16,719 --> 00:11:19,156 Doesn't mean he didn't kill James Pell. 234 00:11:21,898 --> 00:11:25,902 James was truly talented and a good person. 235 00:11:25,902 --> 00:11:29,645 We've talked to a few other people who feel differently. 236 00:11:29,645 --> 00:11:31,952 I can't speak to that. 237 00:11:31,952 --> 00:11:35,172 How well did you two know each other? 238 00:11:35,172 --> 00:11:37,871 He was in two of my classes. 239 00:11:37,871 --> 00:11:39,655 And he worked as a research assistant 240 00:11:39,655 --> 00:11:41,396 on one of my most recent books, 241 00:11:41,396 --> 00:11:43,311 so we knew each other reasonably well. 242 00:11:43,311 --> 00:11:47,054 How would you describe the nature of your relationship? 243 00:11:47,054 --> 00:11:49,099 I'm not sure I know what you mean. 244 00:11:49,099 --> 00:11:50,405 Were you two cordial? 245 00:11:50,405 --> 00:11:52,842 Were you pleasant with one another? 246 00:11:52,842 --> 00:11:54,496 I suppose. 247 00:11:54,496 --> 00:11:57,368 Anything else between you two you'd like to share with us? 248 00:11:57,368 --> 00:11:58,630 Excuse me? 249 00:12:00,545 --> 00:12:02,330 Were you two romantically involved? 250 00:12:02,330 --> 00:12:03,766 No. 251 00:12:03,766 --> 00:12:06,073 Of course not. 252 00:12:06,073 --> 00:12:08,162 Why on Earth would you think that? 253 00:12:08,162 --> 00:12:12,035 We just keep hearing how fond you were of James. 254 00:12:12,035 --> 00:12:13,907 Everybody we spoke to at the "Law Review" board 255 00:12:13,907 --> 00:12:15,560 said that you strongly advocated 256 00:12:15,560 --> 00:12:17,388 for him to be editor-in-chief? - I did. 257 00:12:17,388 --> 00:12:18,650 He was an exceptional student. 258 00:12:18,650 --> 00:12:21,262 Who was ranked 83 out of 230? 259 00:12:23,046 --> 00:12:25,657 Numbers don't tell the whole story. 260 00:12:25,657 --> 00:12:29,487 I agree, but I still find this odd. 261 00:12:32,708 --> 00:12:35,145 Out of all the students you have here, 262 00:12:35,145 --> 00:12:39,497 out of all the gifted, diverse men and women at this school, 263 00:12:39,497 --> 00:12:41,804 you still pushed for a white kid 264 00:12:41,804 --> 00:12:44,981 in the bottom 2/3 of the class. 265 00:12:49,681 --> 00:12:51,031 Make it make sense. 266 00:12:54,991 --> 00:12:56,950 I think we're done here, fellas. 267 00:12:56,950 --> 00:13:00,475 Where were you yesterday morning between 5:00 a.m.-- 268 00:13:00,475 --> 00:13:02,042 I told you we're done here. 269 00:13:02,042 --> 00:13:03,826 I'm no longer willing to answer questions 270 00:13:03,826 --> 00:13:06,220 without a lawyer present. 271 00:13:09,223 --> 00:13:11,225 I can assure you, Detective, I know my rights. 272 00:13:11,225 --> 00:13:14,576 So, please, direct your gaze elsewhere. 273 00:13:30,374 --> 00:13:32,333 I found security footage of Nichols and Pell 274 00:13:32,333 --> 00:13:35,858 walking out of Nichols' office last week around 11:00 p.m. 275 00:13:35,858 --> 00:13:37,512 So they were having an affair. 276 00:13:37,512 --> 00:13:39,079 No. I don't think so. 277 00:13:39,079 --> 00:13:40,384 I've gone through Pell's laptop, 278 00:13:40,384 --> 00:13:42,169 looked at every communication between them, 279 00:13:42,169 --> 00:13:43,866 and there's nothing the least bit affectionate. 280 00:13:43,866 --> 00:13:45,259 I hate to break it to you, Vi, 281 00:13:45,259 --> 00:13:47,348 but not all men are good at intimacy. 282 00:13:47,348 --> 00:13:48,653 Really? 283 00:13:48,653 --> 00:13:50,003 Never noticed. 284 00:13:50,003 --> 00:13:51,918 But that's not what's going on here. 285 00:13:51,918 --> 00:13:54,616 This wasn't about two closed-off dudes hooking up. 286 00:13:54,616 --> 00:13:55,922 What do you mean? 287 00:13:55,922 --> 00:13:57,619 Pell's emails were increasingly aggressive 288 00:13:57,619 --> 00:13:59,099 and demanding. 289 00:13:59,099 --> 00:14:00,752 "I'd hate to see your reputation tarnished." 290 00:14:00,752 --> 00:14:02,363 "I'm done asking. 291 00:14:02,363 --> 00:14:03,451 It's time for you to deliver." 292 00:14:03,451 --> 00:14:05,279 So Pell was threatening him. 293 00:14:05,279 --> 00:14:08,325 Which means sex or no sex, he had leverage over him. 294 00:14:08,325 --> 00:14:11,372 I think I know what it was too. 295 00:14:11,372 --> 00:14:13,722 Pell sent this clip to Nichols ten months ago 296 00:14:13,722 --> 00:14:15,550 when the threats started. 297 00:14:15,550 --> 00:14:16,594 It's from a dinner at the law school 298 00:14:16,594 --> 00:14:18,205 honoring Malcolm Sanders-- 299 00:14:18,205 --> 00:14:19,684 the first gay person to be nominated 300 00:14:19,684 --> 00:14:23,036 to the Supreme Court. 301 00:14:23,036 --> 00:14:24,776 I guess even I'm not diverse enough to be 302 00:14:24,776 --> 00:14:26,735 on the Supreme Court these days. 303 00:14:29,172 --> 00:14:31,609 Not enough to be Black, gotta be a f-- 304 00:14:33,220 --> 00:14:34,830 Need I say more? 305 00:14:42,794 --> 00:14:45,188 - Too. - Shh. 306 00:14:45,188 --> 00:14:47,669 Turn it off now. 307 00:14:47,669 --> 00:14:49,062 But I only played 12 seconds. 308 00:14:49,062 --> 00:14:50,150 I know what I said. 309 00:14:50,150 --> 00:14:52,195 And we know who heard it-- 310 00:14:52,195 --> 00:14:54,894 James Pell. 311 00:14:54,894 --> 00:14:56,591 He was working there that night. 312 00:14:56,591 --> 00:14:58,375 He was coordinating the event. 313 00:14:58,375 --> 00:15:01,030 Which explains how he caught your comment on video. 314 00:15:01,030 --> 00:15:03,424 And then he wanted you to know about it, didn't he? 315 00:15:03,424 --> 00:15:06,122 Which is why he sent you the clip ten months ago. 316 00:15:06,122 --> 00:15:09,125 That's when you started helping him out, right? 317 00:15:10,779 --> 00:15:13,825 Look, Professor, we know plenty of good men 318 00:15:13,825 --> 00:15:15,915 have lost their reputations, their careers, 319 00:15:15,915 --> 00:15:19,483 for saying stupid things-- things they didn't mean, 320 00:15:19,483 --> 00:15:21,311 things they used to say on the playground 321 00:15:21,311 --> 00:15:22,747 when they were ten years old. 322 00:15:22,747 --> 00:15:24,053 And we understand the type of stress 323 00:15:24,053 --> 00:15:25,968 that something like that can cause. 324 00:15:25,968 --> 00:15:28,057 I mean, you probably woke up every single morning 325 00:15:28,057 --> 00:15:29,929 wondering if today was the day this poor guy 326 00:15:29,929 --> 00:15:32,583 sold you out, leaked it on Twitter, 327 00:15:32,583 --> 00:15:34,194 called "The New York Times." 328 00:15:34,194 --> 00:15:36,936 And that kind of pressure can cause really smart people 329 00:15:36,936 --> 00:15:39,416 to make really stupid choices. 330 00:15:41,027 --> 00:15:43,855 I appreciate your concern, Detective, 331 00:15:43,855 --> 00:15:46,206 but I'll cut to the chase. 332 00:15:46,206 --> 00:15:48,730 I didn't kill James Pell. 333 00:15:48,730 --> 00:15:50,775 But if you did, we'd understand. 334 00:15:50,775 --> 00:15:53,256 Gentlemen, I presume Professor Nichols 335 00:15:53,256 --> 00:15:55,998 is not under arrest? 336 00:15:55,998 --> 00:15:57,347 Correct. 337 00:15:57,347 --> 00:16:01,569 Then please, get the hell out of my office. 338 00:16:17,759 --> 00:16:20,022 I gotta be honest. 339 00:16:20,022 --> 00:16:21,589 This is a little surreal for me. 340 00:16:21,589 --> 00:16:22,982 Why's that? 341 00:16:22,982 --> 00:16:24,374 Ezra Nichols-- 342 00:16:24,374 --> 00:16:25,854 always a big inspiration for me. 343 00:16:25,854 --> 00:16:28,248 I just--he's the guy that made me want to be 344 00:16:28,248 --> 00:16:29,597 a lawyer in the first place. 345 00:16:29,597 --> 00:16:30,946 I just can't believe he's mixed up in all this. 346 00:16:30,946 --> 00:16:32,078 Right now, he's just a guy 347 00:16:32,078 --> 00:16:33,644 who used a word he wasn't supposed to. 348 00:16:33,644 --> 00:16:35,559 Which is depressing enough. 349 00:16:35,559 --> 00:16:37,605 Yeah, a bad word, no doubt, but-- 350 00:16:37,605 --> 00:16:39,476 But what? 351 00:16:39,476 --> 00:16:41,957 Nobody's above having a bad day. 352 00:16:41,957 --> 00:16:44,742 The only difference between you and him and anybody else is, 353 00:16:44,742 --> 00:16:46,657 he got caught on camera. 354 00:16:46,657 --> 00:16:49,443 We found something in the doormat. 355 00:16:49,443 --> 00:16:50,748 What? Dirt? 356 00:16:50,748 --> 00:16:53,882 Dried mud, and there's cattail fluff in it. 357 00:16:53,882 --> 00:16:55,753 Those grow by the riverbank. 358 00:16:55,753 --> 00:16:57,364 That would put him by the boathouse. 359 00:16:57,364 --> 00:16:59,235 He came in through the back entrance, which means 360 00:16:59,235 --> 00:17:00,367 he didn't want to be seen. 361 00:17:00,367 --> 00:17:02,064 Maybe he had blood on his clothes. 362 00:17:02,064 --> 00:17:03,848 Do we know where the laundry room is? 363 00:17:03,848 --> 00:17:06,416 Already checked it. Nada. 364 00:17:06,416 --> 00:17:07,461 So if he didn't wash his clothes, 365 00:17:07,461 --> 00:17:08,853 maybe he threw them away. 366 00:17:08,853 --> 00:17:11,117 So where does he keep the trash bags? 367 00:17:11,117 --> 00:17:12,640 Over here. 368 00:17:16,600 --> 00:17:17,993 Check it for blood. 369 00:17:23,085 --> 00:17:23,868 Nothing. 370 00:17:23,868 --> 00:17:25,696 Check the inside flap. 371 00:17:31,920 --> 00:17:34,531 Bingo. We've got some blood here. 372 00:17:34,531 --> 00:17:36,055 Get that to the lab. 373 00:17:38,274 --> 00:17:41,060 Hey, the lab says the blood is Pell's. 374 00:17:41,060 --> 00:17:43,192 And the mud on the doormat matches the riverbank 375 00:17:43,192 --> 00:17:45,194 at the boathouse. - Hell of a start. 376 00:17:45,194 --> 00:17:46,935 But we still can't place him near the crime scene 377 00:17:46,935 --> 00:17:48,371 or even prove that he left his house that morning. 378 00:17:48,371 --> 00:17:49,720 He's right. 379 00:17:49,720 --> 00:17:50,895 I've scrubbed all the video I could find. 380 00:17:50,895 --> 00:17:52,723 But we still got the dead guy's blood 381 00:17:52,723 --> 00:17:54,377 at the Nichols' house. 382 00:17:54,377 --> 00:17:55,900 They can't walk that back. 383 00:17:55,900 --> 00:17:57,641 It's not impossible. 384 00:17:57,641 --> 00:17:58,947 Let's keep digging. 385 00:18:03,517 --> 00:18:05,127 They got kids, right? - Mm-hmm. 386 00:18:05,127 --> 00:18:07,042 A 14-year-old and a 5-year-old? 387 00:18:07,042 --> 00:18:08,739 - Yeah. - And both parents work? 388 00:18:08,739 --> 00:18:10,132 - Yeah. - That means-- 389 00:18:10,132 --> 00:18:11,742 - They have a nanny. - Yeah. 390 00:18:11,742 --> 00:18:13,527 Let's track her down. 391 00:18:13,527 --> 00:18:14,963 Find out what she knows. 392 00:18:16,878 --> 00:18:18,575 I can't get involved. 393 00:18:18,575 --> 00:18:19,924 I'm applying for a visa right now, 394 00:18:19,924 --> 00:18:22,231 but I'm a little behind on the paperwork. 395 00:18:22,231 --> 00:18:25,104 We're not ICE, Magda. We're not gonna report you. 396 00:18:25,104 --> 00:18:26,670 We just need to know if you were working 397 00:18:26,670 --> 00:18:28,759 at the Nichols' house that morning. 398 00:18:28,759 --> 00:18:31,545 Yes. I got there at 5:30. 399 00:18:31,545 --> 00:18:33,112 Michelle called me. 400 00:18:33,112 --> 00:18:35,114 Said she needed me to watch their youngest. 401 00:18:35,114 --> 00:18:38,029 And when you got there, was Ezra home? 402 00:18:38,029 --> 00:18:40,684 Yes. He was asleep upstairs. 403 00:18:40,684 --> 00:18:42,251 You sure? 404 00:18:42,251 --> 00:18:43,426 Yeah. 405 00:18:43,426 --> 00:18:45,428 He came down around 7:00. 406 00:18:45,428 --> 00:18:46,995 I made him breakfast. 407 00:18:46,995 --> 00:18:49,302 And Ezra didn't leave the house before that? 408 00:18:49,302 --> 00:18:52,392 No. Like I said, he was sleeping. 409 00:18:55,830 --> 00:18:57,832 Where was Michelle? 410 00:19:00,226 --> 00:19:03,272 If I say anything that gets the Nichols in trouble, 411 00:19:03,272 --> 00:19:04,752 I could lose my job. 412 00:19:04,752 --> 00:19:09,539 Magda, this is a murder investigation. 413 00:19:09,539 --> 00:19:10,714 Understand? 414 00:19:12,977 --> 00:19:15,197 We need to know what you know. 415 00:19:26,382 --> 00:19:28,645 - Michelle Nichols. - What is this? 416 00:19:28,645 --> 00:19:31,170 You're under arrest for the murder of James Pell. 417 00:19:31,170 --> 00:19:32,258 What? Babe-- 418 00:19:32,258 --> 00:19:33,346 Going to take care of this, baby. 419 00:19:33,346 --> 00:19:35,174 You'll be home in no time. 420 00:19:35,174 --> 00:19:36,610 Promise you. 421 00:19:36,610 --> 00:19:39,221 Don't say a word. Understand me? 422 00:19:39,221 --> 00:19:41,658 Tell them you want a lawyer. Now! Say it out loud! 423 00:19:41,658 --> 00:19:42,790 I want a lawyer. 424 00:19:42,790 --> 00:19:44,487 Watch your head, ma'am. 425 00:19:56,238 --> 00:19:57,892 Calling docket ending in 8733, 426 00:19:57,892 --> 00:19:59,285 People v. Michelle Nichols, 427 00:19:59,285 --> 00:20:01,548 charging murder in the second degree. 428 00:20:03,637 --> 00:20:05,160 How does the defendant plead? 429 00:20:05,160 --> 00:20:06,509 Not guilty, Your Honor. 430 00:20:06,509 --> 00:20:08,859 - People on bail? - People request remand. 431 00:20:08,859 --> 00:20:12,211 We have evidence that proves the defendant was aware 432 00:20:12,211 --> 00:20:14,822 the victim, James Pell, was blackmailing her husband 433 00:20:14,822 --> 00:20:16,867 and that she murdered him to stop it. 434 00:20:16,867 --> 00:20:20,044 Your Honor, Mrs. Nichols is anything but a flight risk. 435 00:20:20,044 --> 00:20:23,091 She serves on the boards of the Children's Defense Fund, 436 00:20:23,091 --> 00:20:26,225 America Reads, and the Riverdale Country School. 437 00:20:26,225 --> 00:20:28,314 She's never had so much as a speeding ticket. 438 00:20:28,314 --> 00:20:30,794 Given her significant financial resources 439 00:20:30,794 --> 00:20:33,536 and extensive international connections, 440 00:20:33,536 --> 00:20:35,669 she may be accumulating funds in order to flee the country. 441 00:20:35,669 --> 00:20:36,887 Okay. Enough. 442 00:20:36,887 --> 00:20:39,325 Bail is set at $500,000, and Mrs. Nichols 443 00:20:39,325 --> 00:20:41,109 is to surrender her passport. 444 00:20:43,329 --> 00:20:45,244 Motion to exclude. 445 00:20:51,337 --> 00:20:53,077 The video clip of my client's husband 446 00:20:53,077 --> 00:20:55,036 expressing his displeasure to her 447 00:20:55,036 --> 00:20:56,733 is protected by marital privilege. 448 00:20:56,733 --> 00:20:58,735 The jury shouldn't be allowed to see it. 449 00:20:58,735 --> 00:21:00,476 Privilege doesn't apply in this situation. 450 00:21:00,476 --> 00:21:03,349 Professor and Mrs. Nichols were in a public setting, 451 00:21:03,349 --> 00:21:04,698 which means there was no reasonable expectation 452 00:21:04,698 --> 00:21:06,090 of confidentiality. 453 00:21:06,090 --> 00:21:07,744 Ezra Nichols was sitting in front 454 00:21:07,744 --> 00:21:09,311 of a microphone, for God's sake. 455 00:21:09,311 --> 00:21:11,574 The comment was made after the speeches were finished. 456 00:21:11,574 --> 00:21:14,751 The microphone was disconnected from the public address system. 457 00:21:14,751 --> 00:21:17,363 He was completely unaware he was being recorded. 458 00:21:17,363 --> 00:21:19,800 Michelle Nichols literally shushed him. 459 00:21:19,800 --> 00:21:21,845 That proves that-- - That proves nothing. 460 00:21:21,845 --> 00:21:24,283 My husband shushes me in my living room, 461 00:21:24,283 --> 00:21:26,110 the doctor's office. 462 00:21:26,110 --> 00:21:28,417 Based on the facts, it's clear that 463 00:21:28,417 --> 00:21:32,421 this was meant to be a personal and private conversation. 464 00:21:32,421 --> 00:21:33,770 Motion granted. 465 00:21:36,164 --> 00:21:39,646 We need some sort of evidence to establish motive, 466 00:21:39,646 --> 00:21:41,561 something to make the jury understand 467 00:21:41,561 --> 00:21:45,086 why Pell was blackmailing Nichols in the first place. 468 00:21:45,086 --> 00:21:46,957 Yeah, that's what I've been working on. 469 00:21:46,957 --> 00:21:49,395 I think I might have found something too. 470 00:21:51,875 --> 00:21:54,051 - See Ezra Nichols' wine glass? - Yes. 471 00:21:54,051 --> 00:21:55,401 When Ezra moves the glass, 472 00:21:55,401 --> 00:21:57,577 he's motioning to a waiter for a refill. 473 00:21:57,577 --> 00:21:59,709 Play it one more time. 474 00:21:59,709 --> 00:22:01,407 If the waiter was close enough to pour, 475 00:22:01,407 --> 00:22:03,452 they would have been close enough to hear 476 00:22:03,452 --> 00:22:04,845 what Nichols said to his wife. 477 00:22:10,285 --> 00:22:12,069 Can you tell us where you last saw 478 00:22:12,069 --> 00:22:14,071 Ezra and Michelle Nichols? 479 00:22:14,071 --> 00:22:17,161 I was a server at their table at a law school dinner. 480 00:22:17,161 --> 00:22:19,338 And can you please repeat the comment 481 00:22:19,338 --> 00:22:23,167 that you heard Ezra Nichols make to his wife 482 00:22:23,167 --> 00:22:25,344 about Supreme Court Justice Malcolm Sanders? 483 00:22:25,344 --> 00:22:26,997 Objection--hearsay. 484 00:22:26,997 --> 00:22:28,390 It's not being offered for the truth 485 00:22:28,390 --> 00:22:30,827 of the matter asserted. - Overruled. 486 00:22:30,827 --> 00:22:32,568 Then it's protected by marital privilege. 487 00:22:32,568 --> 00:22:35,223 Privilege doesn't apply when there's a third party present. 488 00:22:35,223 --> 00:22:36,311 I agree. 489 00:22:36,311 --> 00:22:38,531 Mr. Price, ask your question again. 490 00:22:38,531 --> 00:22:40,576 Ms. Zinkow, what did you hear 491 00:22:40,576 --> 00:22:42,970 Ezra Nichols say to his wife? 492 00:22:42,970 --> 00:22:45,625 He was talking about Justice Sanders, 493 00:22:45,625 --> 00:22:48,715 and he used an offensive word. 494 00:22:48,715 --> 00:22:50,369 What word? 495 00:22:50,369 --> 00:22:54,938 It starts with F, and it refers to gay people. 496 00:22:54,938 --> 00:22:56,679 Do I have to say it? 497 00:22:56,679 --> 00:23:00,030 No. No. I think we get the idea. 498 00:23:00,030 --> 00:23:02,946 Did you tell anybody what you heard? 499 00:23:02,946 --> 00:23:05,514 Yes, I told one of the student coordinators, 500 00:23:05,514 --> 00:23:06,863 James Pell. 501 00:23:06,863 --> 00:23:08,822 How did Mr. Pell respond? 502 00:23:08,822 --> 00:23:11,085 He thanked me for telling him this. 503 00:23:11,085 --> 00:23:13,435 Then he took the video card out of the camera 504 00:23:13,435 --> 00:23:16,438 that was recording the speakers' table. 505 00:23:16,438 --> 00:23:19,441 Thank you. I have nothing further. 506 00:23:19,441 --> 00:23:22,836 Are you familiar with who Ezra Nichols is-- 507 00:23:22,836 --> 00:23:26,187 of all he's done for the LGBTQ community? 508 00:23:26,187 --> 00:23:27,884 - Not really. - Ah. 509 00:23:27,884 --> 00:23:30,191 Then let me educate you. 510 00:23:30,191 --> 00:23:32,411 He is one of the most-- - Objection. 511 00:23:32,411 --> 00:23:35,631 Professor Nichols' résumé in this regard is irrelevant. 512 00:23:35,631 --> 00:23:38,112 Sustained. Move on, Mr. Seaver. 513 00:23:40,593 --> 00:23:42,769 The room was filled with people, correct? 514 00:23:42,769 --> 00:23:45,206 Yes, there were about 80 people there. 515 00:23:45,206 --> 00:23:46,555 So there was lots of noise. 516 00:23:46,555 --> 00:23:48,688 People were eating, drinking. 517 00:23:48,688 --> 00:23:50,080 Yes. 518 00:23:50,080 --> 00:23:53,040 So it was obviously hard to hear. 519 00:23:53,040 --> 00:23:54,389 I suppose. 520 00:23:54,389 --> 00:23:57,740 So you can't be sure what Mr. Nichols 521 00:23:57,740 --> 00:23:59,873 said or didn't say, correct? 522 00:23:59,873 --> 00:24:01,483 No. That's not true. 523 00:24:01,483 --> 00:24:03,703 I heard him use that word. 524 00:24:03,703 --> 00:24:05,139 I'm positive. 525 00:24:08,795 --> 00:24:10,840 Nothing further. 526 00:24:10,840 --> 00:24:12,102 Mr. Price? 527 00:24:12,102 --> 00:24:13,147 Nothing further, Your Honor. 528 00:24:13,147 --> 00:24:15,149 Witness is excused. 529 00:24:18,021 --> 00:24:20,415 The people call Magda Chezlak. 530 00:24:24,158 --> 00:24:26,769 Is Ms. Chezlak here? 531 00:24:31,992 --> 00:24:33,907 - What's going on? - I don't know. 532 00:24:33,907 --> 00:24:35,561 We talked to her last night. 533 00:24:38,520 --> 00:24:41,044 The Nichols' nanny skipped town? 534 00:24:41,044 --> 00:24:43,133 Her roomie thinks she flew back to Poland. 535 00:24:43,133 --> 00:24:45,266 - Can you confirm that? - No. 536 00:24:45,266 --> 00:24:46,485 We checked all the flight logs. 537 00:24:46,485 --> 00:24:48,008 There's no record of her on any of them, 538 00:24:48,008 --> 00:24:50,010 and she's not answering calls or texts, either. 539 00:24:50,010 --> 00:24:52,534 - So she's in the wind? - Sure looks that way. 540 00:24:52,534 --> 00:24:54,057 Well, the woman was terrified and thought 541 00:24:54,057 --> 00:24:55,537 ICE was gonna grab her up. 542 00:24:55,537 --> 00:24:58,279 Or Seaver convinced her that was the case 543 00:24:58,279 --> 00:25:00,455 and arranged for her to get out of town. 544 00:25:00,455 --> 00:25:03,023 Which is obviously witness tampering. 545 00:25:03,023 --> 00:25:06,069 It sure is, but good luck finding a paper trail. 546 00:25:06,069 --> 00:25:07,375 So now what? 547 00:25:07,375 --> 00:25:09,420 And the nanny was the only witness 548 00:25:09,420 --> 00:25:11,205 who could establish Michelle was at home 549 00:25:11,205 --> 00:25:12,380 the morning of the murder. 550 00:25:12,380 --> 00:25:13,773 No. 551 00:25:13,773 --> 00:25:16,384 That's not true. We have another witness. 552 00:25:16,384 --> 00:25:17,559 Good. 553 00:25:17,559 --> 00:25:19,518 Just make sure that this one shows up. 554 00:25:24,305 --> 00:25:26,612 Detective Cosgrove, in the course of your investigation, 555 00:25:26,612 --> 00:25:29,310 did you meet Magda Chezlak, 556 00:25:29,310 --> 00:25:31,355 the Nichols' nanny? - Yes. 557 00:25:31,355 --> 00:25:33,793 Did Ms. Chezlak tell you that Michelle Nichols 558 00:25:33,793 --> 00:25:36,665 left the house the morning of James Pell's murder? 559 00:25:36,665 --> 00:25:38,101 Objection, hearsay. 560 00:25:38,101 --> 00:25:40,016 Ms. Chezlak's statement falls under an exception 561 00:25:40,016 --> 00:25:41,409 to the hearsay rule. 562 00:25:41,409 --> 00:25:43,542 It's a declaration against pecuniary interest. 563 00:25:43,542 --> 00:25:46,849 What exactly is Ms. Chezlak's pecuniary interest? 564 00:25:46,849 --> 00:25:48,198 Her job. 565 00:25:48,198 --> 00:25:49,635 She told Detective Cosgrove she was afraid 566 00:25:49,635 --> 00:25:51,201 she'd be fired if she said anything that 567 00:25:51,201 --> 00:25:52,551 got the Nichols in trouble. 568 00:25:52,551 --> 00:25:55,728 Objection overruled. 569 00:25:55,728 --> 00:25:58,034 Yes, Magda Chezlak told me 570 00:25:58,034 --> 00:26:00,384 that she saw the defendant 571 00:26:00,384 --> 00:26:02,952 leave the house at 5:30 that morning. 572 00:26:02,952 --> 00:26:05,215 And what time was James Pell killed? 573 00:26:05,215 --> 00:26:07,609 The medical examiner determined that 574 00:26:07,609 --> 00:26:09,785 it was between 5:00 and 7:00 in the morning. 575 00:26:09,785 --> 00:26:11,613 Did Ms. Chezlak say anything else 576 00:26:11,613 --> 00:26:14,616 about the defendant leaving home so early that day? 577 00:26:14,616 --> 00:26:16,575 Yes, she said that was highly unusual. 578 00:26:16,575 --> 00:26:18,968 She seemed in a hurry and extremely upset. 579 00:26:18,968 --> 00:26:19,926 Thank you, Detective Cosgrove. 580 00:26:19,926 --> 00:26:21,405 I have no further questions. 581 00:26:23,451 --> 00:26:25,453 How many years have you been 582 00:26:25,453 --> 00:26:27,977 with the New York City Police Department, Detective? 583 00:26:27,977 --> 00:26:29,239 23. 584 00:26:29,239 --> 00:26:30,719 And in those years, how many times 585 00:26:30,719 --> 00:26:32,982 have you been called as a witness in a criminal case? 586 00:26:32,982 --> 00:26:34,549 I--I wouldn't know the exact number. 587 00:26:34,549 --> 00:26:36,725 Public records show that you were called 588 00:26:36,725 --> 00:26:39,946 to testify in 208 cases. 589 00:26:39,946 --> 00:26:41,251 Really? That many? 590 00:26:41,251 --> 00:26:43,732 In how many of those cases was the defendant 591 00:26:43,732 --> 00:26:45,255 African American? 592 00:26:45,255 --> 00:26:47,431 - Objection, relevance. - It goes to bias. 593 00:26:47,431 --> 00:26:50,260 Overruled, but be careful, Mr. Seaver. 594 00:26:51,740 --> 00:26:53,046 I don't keep track. 595 00:26:53,046 --> 00:26:54,569 Maybe you should-- 596 00:26:54,569 --> 00:26:56,266 over half, 597 00:26:56,266 --> 00:27:00,967 and 85% of those cases resulted in convictions. 598 00:27:00,967 --> 00:27:04,100 That is well above the statistical average. 599 00:27:04,100 --> 00:27:05,493 Did you know that? 600 00:27:05,493 --> 00:27:08,104 Like I said, I don't know the exact numbers. 601 00:27:08,104 --> 00:27:10,367 You should. It's in the public record. 602 00:27:10,367 --> 00:27:12,848 It seems whenever a person of color is on trial, 603 00:27:12,848 --> 00:27:15,721 you always seem to bring in some extra evidence 604 00:27:15,721 --> 00:27:17,026 to the equation. 605 00:27:17,026 --> 00:27:19,072 Are you trying to say I make things up? 606 00:27:19,072 --> 00:27:20,551 Because that's not how it works. 607 00:27:20,551 --> 00:27:23,293 Quite the contrary-- it's simple math. 608 00:27:23,293 --> 00:27:24,947 And it adds up to you having 609 00:27:24,947 --> 00:27:27,036 a racially-motivated axe to grind. 610 00:27:27,036 --> 00:27:28,908 There's no other way to explain it. 611 00:27:28,908 --> 00:27:32,781 I'm pretty sure there is, but I'm not a sociologist. 612 00:27:32,781 --> 00:27:34,348 I'm a homicide detective. 613 00:27:34,348 --> 00:27:36,959 I follow the evidence, and I arrest bad guys 614 00:27:36,959 --> 00:27:38,787 regardless of their race. 615 00:27:38,787 --> 00:27:40,528 That's what I do. 616 00:27:40,528 --> 00:27:43,183 And in this case, the evidence points at Michelle Nichols. 617 00:27:43,183 --> 00:27:44,793 A Black woman. 618 00:27:44,793 --> 00:27:47,361 No. A murderer. 619 00:27:47,361 --> 00:27:50,190 Says the man who only arrests Black people. 620 00:27:50,190 --> 00:27:51,713 Objection. The defense is out of line. 621 00:27:51,713 --> 00:27:52,671 Sustained. 622 00:27:54,847 --> 00:27:56,675 No further questions. 623 00:27:56,675 --> 00:27:58,502 Witness is excused. 624 00:28:04,987 --> 00:28:07,511 Mr. Price? 625 00:28:07,511 --> 00:28:09,992 The People rest, Your Honor. 626 00:28:09,992 --> 00:28:12,081 Mr. Seaver, call your first witness. 627 00:28:12,081 --> 00:28:14,518 Defense calls Ezra Nichols. 628 00:28:19,045 --> 00:28:22,178 Where were you on the morning of James Pell's murder? 629 00:28:22,178 --> 00:28:24,485 I got up early and went to the Hudson boathouse. 630 00:28:24,485 --> 00:28:26,356 Why did you go to the boathouse? 631 00:28:26,356 --> 00:28:28,141 Because I knew James would be there. 632 00:28:28,141 --> 00:28:30,404 And what did you do when you found him there? 633 00:28:32,319 --> 00:28:35,409 I killed him. 634 00:28:35,409 --> 00:28:37,019 Request to meet in chambers, Your Honor. 635 00:28:47,377 --> 00:28:49,858 We've already established that Ezra Nicholas 636 00:28:49,858 --> 00:28:51,207 was at home asleep when James Pell was killed. 637 00:28:51,207 --> 00:28:53,035 The defense is clearly using his testimony 638 00:28:53,035 --> 00:28:54,297 to create a false narrative. 639 00:28:54,297 --> 00:28:56,560 The People have no legal basis 640 00:28:56,560 --> 00:28:58,040 to exclude his testimony. 641 00:28:58,040 --> 00:29:00,216 Ezra Nichols' so-called confession is an act 642 00:29:00,216 --> 00:29:03,567 of perjury designed to create confusion 643 00:29:03,567 --> 00:29:05,178 in the minds of the jurors. 644 00:29:05,178 --> 00:29:07,920 Creating confusion is what defense lawyers do, Mr. Price. 645 00:29:07,920 --> 00:29:10,574 That's not a basis to exclude a witness. 646 00:29:10,574 --> 00:29:12,402 No, but creating a mockery 647 00:29:12,402 --> 00:29:14,056 of the criminal justice system is, 648 00:29:14,056 --> 00:29:16,406 or at least it used to be. 649 00:29:16,406 --> 00:29:19,235 Watch yourself, sir. 650 00:29:21,977 --> 00:29:24,414 Ezra Nichols is free to testify. 651 00:29:24,414 --> 00:29:27,591 And you, Mr. Price, are free to accept his confession 652 00:29:27,591 --> 00:29:29,855 if you so choose. 653 00:29:31,552 --> 00:29:33,510 Court is adjourned for today. 654 00:29:36,775 --> 00:29:39,038 Is there a chance Ezra Nichols 655 00:29:39,038 --> 00:29:40,953 actually committed the murder? 656 00:29:40,953 --> 00:29:43,172 Sure. It's possible. 657 00:29:43,172 --> 00:29:44,870 Just like it's possible someone 658 00:29:44,870 --> 00:29:47,829 not named Lee Harvey Oswald killed Kennedy. 659 00:29:47,829 --> 00:29:49,526 What does the evidence say? 660 00:29:49,526 --> 00:29:52,834 That Mr. Nichols was at home sleeping 661 00:29:52,834 --> 00:29:54,618 when the murder was committed. 662 00:29:54,618 --> 00:29:56,882 I don't--maybe we should just accept his confession, 663 00:29:56,882 --> 00:29:58,274 charge him with murder. 664 00:29:58,274 --> 00:29:59,275 At least somebody will go to prison for this. 665 00:29:59,275 --> 00:30:01,887 I assume you're just venting. 666 00:30:01,887 --> 00:30:04,933 - I am. - Then let's move on. 667 00:30:04,933 --> 00:30:07,936 Let's view this confession for what it is, 668 00:30:07,936 --> 00:30:10,896 a stunt designed to distract the jury 669 00:30:10,896 --> 00:30:14,073 and create reasonable doubt, nothing more. 670 00:30:14,073 --> 00:30:17,293 So let Nichols spin his tale... 671 00:30:19,600 --> 00:30:23,822 Then bury him on the cross and expose his lies. 672 00:30:29,436 --> 00:30:32,221 Pell started out by asking me for a few thousand dollars. 673 00:30:32,221 --> 00:30:34,310 Then he wanted me to make sure he was named 674 00:30:34,310 --> 00:30:36,095 editor-in-chief of the "Law Review." 675 00:30:36,095 --> 00:30:38,837 He was using your reputation and influence 676 00:30:38,837 --> 00:30:40,795 to bolster his own résumé. 677 00:30:40,795 --> 00:30:42,231 Yes. 678 00:30:42,231 --> 00:30:44,059 And I succumbed to his demands. 679 00:30:44,059 --> 00:30:45,582 Why is that? 680 00:30:45,582 --> 00:30:48,672 Because I'm ashamed of what I said, deeply. 681 00:30:48,672 --> 00:30:50,849 It's not who I am. 682 00:30:50,849 --> 00:30:52,198 If I'd heard another man say that, 683 00:30:52,198 --> 00:30:54,678 I'd be the first person to speak up, 684 00:30:54,678 --> 00:30:57,464 denounce his homophobia. 685 00:30:57,464 --> 00:31:00,162 So I was terrified. 686 00:31:00,162 --> 00:31:01,903 I knew the significance of the tape 687 00:31:01,903 --> 00:31:05,211 and the greed and ambition of the man in possession of it. 688 00:31:05,211 --> 00:31:07,909 Can you elaborate on that? 689 00:31:07,909 --> 00:31:10,390 Tell us why you were so terrified? 690 00:31:10,390 --> 00:31:12,348 Because we live in a society where people-- 691 00:31:12,348 --> 00:31:16,048 the press--want to crucify public figures 692 00:31:16,048 --> 00:31:18,702 for making a mistake. 693 00:31:18,702 --> 00:31:21,227 There are no second chances. 694 00:31:21,227 --> 00:31:24,534 One bad moment, one wrong word, and your career is over, 695 00:31:24,534 --> 00:31:26,754 no matter who you are or what you've accomplished. 696 00:31:26,754 --> 00:31:30,801 It's become a sport, a game. 697 00:31:30,801 --> 00:31:32,760 Who can we cancel next? 698 00:31:32,760 --> 00:31:35,894 So I gave James Pell everything he asked for 699 00:31:35,894 --> 00:31:37,939 to protect myself and my family. 700 00:31:37,939 --> 00:31:40,550 Were there any other demands? 701 00:31:40,550 --> 00:31:42,988 Yes. 702 00:31:42,988 --> 00:31:45,642 He wanted to clerk for the Supreme Court. 703 00:31:45,642 --> 00:31:46,992 That's where I drew the line. 704 00:31:46,992 --> 00:31:48,254 How come? 705 00:31:48,254 --> 00:31:51,170 Those clerks go on to be professors, 706 00:31:51,170 --> 00:31:53,563 judges, politicians. 707 00:31:53,563 --> 00:31:55,522 They become thought leaders for the next generation. 708 00:31:55,522 --> 00:31:57,916 I wasn't giving James Pell that kind of access. 709 00:31:57,916 --> 00:32:03,182 And how did Mr. Pell react when you told him that? 710 00:32:03,182 --> 00:32:04,966 He said he'd release the video. 711 00:32:04,966 --> 00:32:06,402 And what did you do? 712 00:32:06,402 --> 00:32:10,406 I told Pell we needed to talk in person. 713 00:32:10,406 --> 00:32:13,409 So I met him down at the boathouse that morning. 714 00:32:13,409 --> 00:32:15,411 I told him he needed to stop what he was doing, 715 00:32:15,411 --> 00:32:18,284 that I was done with his demands, his threats. 716 00:32:18,284 --> 00:32:19,981 And how did he react? 717 00:32:19,981 --> 00:32:23,724 He laughed in my face, said he owned me. 718 00:32:25,334 --> 00:32:29,251 That's when I lost my composure. 719 00:32:29,251 --> 00:32:31,645 I picked up a pipe, and I swung it at his head. 720 00:32:33,473 --> 00:32:36,302 Where was your wife at this time? 721 00:32:36,302 --> 00:32:38,869 She was home with our children. 722 00:32:38,869 --> 00:32:41,742 She had nothing to do with this. 723 00:32:41,742 --> 00:32:44,658 Thank you, Professor Nichols. 724 00:32:44,658 --> 00:32:45,964 No further questions. 725 00:32:54,146 --> 00:32:55,625 Mr. Nichols... 726 00:32:58,063 --> 00:33:03,938 When you allegedly killed James Pell, 727 00:33:03,938 --> 00:33:05,374 where did you strike him? 728 00:33:05,374 --> 00:33:09,639 On the side of his head above his right ear. 729 00:33:09,639 --> 00:33:11,946 Do you recall what Mr. Pell was wearing that morning? 730 00:33:11,946 --> 00:33:15,254 A light blue athletic shirt with dark blue markings 731 00:33:15,254 --> 00:33:16,820 on the sleeves. 732 00:33:23,305 --> 00:33:25,090 Side of head, above right ear, 733 00:33:25,090 --> 00:33:27,092 light blue athletic shirt, 734 00:33:27,092 --> 00:33:28,789 dark blue markings on the sleeves. 735 00:33:28,789 --> 00:33:31,052 Professor Nichols, have you read the crime scene report 736 00:33:31,052 --> 00:33:32,488 for James Pell's murder? 737 00:33:32,488 --> 00:33:33,489 No. I have not. 738 00:33:33,489 --> 00:33:35,491 Yet, your so-called memories 739 00:33:35,491 --> 00:33:38,059 are word for word identical to what is written here. 740 00:33:38,059 --> 00:33:40,366 - Objection. - Sustained. 741 00:33:43,717 --> 00:33:45,458 Professor Nichols, do you love your wife? 742 00:33:45,458 --> 00:33:46,807 Of course. 743 00:33:46,807 --> 00:33:49,027 And you would do almost anything to protect her, 744 00:33:49,027 --> 00:33:51,072 including lying about a murder 745 00:33:51,072 --> 00:33:52,378 to stop her from going to prison. 746 00:33:52,378 --> 00:33:54,206 - Objection! - Sustained. 747 00:33:54,206 --> 00:33:56,860 You now claim you killed James Pell, 748 00:33:56,860 --> 00:34:00,038 even though you were at home the morning of the murder. 749 00:34:00,038 --> 00:34:01,300 That's not true. 750 00:34:01,300 --> 00:34:02,431 But no one else can verify 751 00:34:02,431 --> 00:34:04,042 your account of events, correct? 752 00:34:04,042 --> 00:34:05,521 That's not true. 753 00:34:05,521 --> 00:34:07,349 My wife and two children were home having breakfast 754 00:34:07,349 --> 00:34:09,699 when I returned from the boathouse. 755 00:34:09,699 --> 00:34:12,093 They saw you return home that morning? 756 00:34:12,093 --> 00:34:13,660 Yes. 757 00:34:13,660 --> 00:34:14,791 And what time was this? 758 00:34:14,791 --> 00:34:18,534 Approximately 6:45 a.m. 759 00:34:18,534 --> 00:34:20,232 They saw you-- 760 00:34:27,456 --> 00:34:28,675 Thank you. 761 00:34:28,675 --> 00:34:30,329 No further questions at this time. 762 00:34:32,331 --> 00:34:35,203 You're excused. 763 00:34:35,203 --> 00:34:36,987 Subpoena the son. 764 00:34:36,987 --> 00:34:40,817 The kid already told the police he left home at 6:45 a.m. 765 00:34:40,817 --> 00:34:42,645 He said he didn't see his parents that morning, 766 00:34:42,645 --> 00:34:44,952 didn't even know if they were home. 767 00:34:44,952 --> 00:34:48,390 Which means one of them is lying. 768 00:34:48,390 --> 00:34:50,914 I know which one my money is on. 769 00:34:59,488 --> 00:35:02,143 Your Honor, given that this witness 770 00:35:02,143 --> 00:35:03,927 is the defendant's son, I'd ask that you declare him hostile, 771 00:35:03,927 --> 00:35:05,320 allow me to ask leading questions. 772 00:35:05,320 --> 00:35:06,278 Granted. 773 00:35:07,888 --> 00:35:10,717 Where were you the morning of James Pell's murder? 774 00:35:10,717 --> 00:35:12,371 I was home. 775 00:35:12,371 --> 00:35:15,461 I left home for water polo practice at 6:45 a.m. 776 00:35:15,461 --> 00:35:19,029 And did you see your mother or father? 777 00:35:19,029 --> 00:35:20,074 I saw my mother. 778 00:35:20,074 --> 00:35:22,424 She made me breakfast. 779 00:35:22,424 --> 00:35:26,080 And I saw my father, too, briefly. 780 00:35:26,080 --> 00:35:28,517 He came home at 6:30, right before I left home 781 00:35:28,517 --> 00:35:30,215 for water polo practice. 782 00:35:30,215 --> 00:35:32,913 Really? You saw him come home? 783 00:35:32,913 --> 00:35:34,958 That's correct. 784 00:35:34,958 --> 00:35:37,831 But you originally told the police 785 00:35:37,831 --> 00:35:40,877 that you didn't see either of them that day, correct? 786 00:35:40,877 --> 00:35:43,967 Yes. I--I was confused. 787 00:35:43,967 --> 00:35:45,534 But you're not confused now? 788 00:35:45,534 --> 00:35:47,406 Correct. 789 00:35:47,406 --> 00:35:53,455 So your father wasn't in his bedroom sleeping that morning? 790 00:35:53,455 --> 00:35:54,761 That's right. 791 00:35:56,937 --> 00:36:00,114 Well, that morning when you saw your mother, when she-- 792 00:36:00,114 --> 00:36:01,507 she made breakfast for you? 793 00:36:01,507 --> 00:36:02,421 How did she appear? 794 00:36:02,421 --> 00:36:05,815 Was she rattled, disoriented? 795 00:36:05,815 --> 00:36:08,862 Was she acting in a way that seemed abnormal? 796 00:36:08,862 --> 00:36:10,864 Um... 797 00:36:10,864 --> 00:36:15,912 no, she seemed very normal. 798 00:36:15,912 --> 00:36:19,133 What about your nanny, Magda? See her at home that morning? 799 00:36:19,133 --> 00:36:22,441 I--I don't recall. 800 00:36:22,441 --> 00:36:25,618 Your father told you what to say today, didn't he? 801 00:36:25,618 --> 00:36:26,880 No. 802 00:36:26,880 --> 00:36:29,099 He told you to lie about seeing him at home 803 00:36:29,099 --> 00:36:31,276 that morning in order to perpetuate 804 00:36:31,276 --> 00:36:34,104 the lie that he killed Pell. - Objection! 805 00:36:34,104 --> 00:36:35,410 Sustained. 806 00:36:35,410 --> 00:36:37,369 Nothing further at this time. 807 00:36:40,459 --> 00:36:43,244 We need to poke holes in this kid's testimony. 808 00:36:43,244 --> 00:36:45,725 Check with the coach. Pull phone, internet data. 809 00:36:45,725 --> 00:36:47,814 If we can prove he was telling the truth then-- 810 00:36:47,814 --> 00:36:50,425 We can prove he's lying now. 811 00:36:52,210 --> 00:36:53,950 I dug up everything I could on Cyrus Nichols. 812 00:36:53,950 --> 00:36:55,517 He seems like a really good kid-- 813 00:36:55,517 --> 00:36:58,607 straight-A student, debate team, varsity water polo, 814 00:36:58,607 --> 00:37:01,480 literally feeds the homeless on Sundays. 815 00:37:01,480 --> 00:37:03,395 Does his story track the day of the murder? 816 00:37:03,395 --> 00:37:05,092 I talked to his water polo coach. 817 00:37:05,092 --> 00:37:07,790 Confirms Cyrus was at practice at 7:15 a.m. 818 00:37:07,790 --> 00:37:10,663 And I found video of him a block from the school at 7:12. 819 00:37:10,663 --> 00:37:12,273 Doesn't really prove that he saw or didn't see 820 00:37:12,273 --> 00:37:13,579 his father that morning, 821 00:37:13,579 --> 00:37:15,233 just means he went to water polo practice. 822 00:37:15,233 --> 00:37:16,669 I know. 823 00:37:16,669 --> 00:37:19,280 We're looking for a needle in a haystack. 824 00:37:19,280 --> 00:37:20,847 I might have one. 825 00:37:20,847 --> 00:37:22,675 What do you mean? 826 00:37:22,675 --> 00:37:25,025 Cyrus used his cell phone to call his parents' landline 827 00:37:25,025 --> 00:37:27,332 that morning at 5:49 a.m. 828 00:37:27,332 --> 00:37:29,551 What? Why would he-- 829 00:37:32,250 --> 00:37:33,686 Get a ping order right away. 830 00:37:33,686 --> 00:37:34,643 On it. 831 00:37:38,560 --> 00:37:41,911 What the hell's going on? What was so important? 832 00:37:41,911 --> 00:37:45,698 We looked into your son's version of events. 833 00:37:45,698 --> 00:37:50,442 And we learned that he called your landline 834 00:37:50,442 --> 00:37:54,315 the morning of the murder at 5:49 a.m. 835 00:37:54,315 --> 00:37:57,405 So we pinged his cell. 836 00:37:57,405 --> 00:38:01,279 And we eventually discovered this. 837 00:38:03,106 --> 00:38:07,720 This is Cyrus at 5:09 a.m. on the morning of the murder 838 00:38:07,720 --> 00:38:11,854 walking down 122nd Street, two blocks from the boathouse 839 00:38:11,854 --> 00:38:14,335 where Pell was killed. 840 00:38:16,946 --> 00:38:20,167 And this is Cyrus at 5:44 a.m., 841 00:38:20,167 --> 00:38:23,301 throwing away the pipe used to kill James Pell. 842 00:38:32,788 --> 00:38:39,229 If you tell us everything that happened... 843 00:38:39,229 --> 00:38:41,971 we will do the best we can for your son. 844 00:38:41,971 --> 00:38:43,712 Whatever they say, 845 00:38:43,712 --> 00:38:45,758 it can't be used against the child. 846 00:38:45,758 --> 00:38:46,802 Agreed. 847 00:38:55,202 --> 00:38:57,683 Cyrus knew the pressure I was under-- 848 00:38:57,683 --> 00:39:00,033 that we were under. 849 00:39:00,033 --> 00:39:05,778 He overheard us arguing the night before about James Pell 850 00:39:05,778 --> 00:39:09,956 and how he was threatening to destroy our lives. 851 00:39:09,956 --> 00:39:13,351 He knew the agony that this was causing. 852 00:39:15,265 --> 00:39:18,399 And Cyrus is a sensitive boy. 853 00:39:18,399 --> 00:39:20,967 He carries the weight of the world on his shoulders. 854 00:39:20,967 --> 00:39:23,361 He always has. 855 00:39:23,361 --> 00:39:26,189 I told him we would take care of everything, 856 00:39:26,189 --> 00:39:28,278 that this was not his problem. 857 00:39:30,280 --> 00:39:31,847 But he-- 858 00:39:31,847 --> 00:39:35,068 He killed James Pell. 859 00:39:35,068 --> 00:39:37,810 It wasn't his fault. 860 00:39:37,810 --> 00:39:39,464 He was afraid. 861 00:39:39,464 --> 00:39:41,683 He was just trying to help. 862 00:39:51,389 --> 00:39:52,955 Your Honor, the People have agreed 863 00:39:52,955 --> 00:39:55,741 to drop the murder charges against Michelle Nichols. 864 00:39:55,741 --> 00:39:57,917 We have also agreed not to charge 865 00:39:57,917 --> 00:40:00,485 Ezra Nichols with perjury. 866 00:40:00,485 --> 00:40:01,790 The Nichols family understands 867 00:40:01,790 --> 00:40:03,618 that it is in the best interests of the child 868 00:40:03,618 --> 00:40:06,360 to plead guilty in family court, 869 00:40:06,360 --> 00:40:09,145 and the record will be sealed. 870 00:40:09,145 --> 00:40:10,364 Cyrus... 871 00:40:14,499 --> 00:40:16,805 Do you understand what this means? 872 00:40:19,068 --> 00:40:23,508 A judge in family court will be sentencing you for murder. 873 00:40:25,074 --> 00:40:26,772 Yes, ma'am. 874 00:40:26,772 --> 00:40:28,687 I understand. 875 00:40:28,687 --> 00:40:31,951 The case against Michelle Nichols is dismissed. 876 00:40:31,951 --> 00:40:36,042 Court Officer, please take Cyrus Nichols into custody. 877 00:40:36,042 --> 00:40:37,391 He's just a boy. 878 00:40:37,391 --> 00:40:40,873 For God's sake, he's barely 14. 879 00:40:49,490 --> 00:40:50,970 You okay? 880 00:40:50,970 --> 00:40:54,669 A man is dead and a family's been destroyed, 881 00:40:54,669 --> 00:40:58,978 all because a good man blurted out a stupid, hateful word. 64625

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