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1
00:00:09,444 --> 00:00:09,661
.
2
00:00:09,705 --> 00:00:11,489
- In the criminal justice
system,
3
00:00:11,533 --> 00:00:12,795
the people are represented
4
00:00:12,838 --> 00:00:15,189
by two separate,
yet equally important groups:
5
00:00:15,232 --> 00:00:17,017
the police,
who investigate crime,
6
00:00:17,060 --> 00:00:19,889
and the district attorneys,
who prosecute the offenders.
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00:00:19,932 --> 00:00:21,760
These are their stories.
8
00:00:25,895 --> 00:00:27,070
- Hey, you!
9
00:00:27,114 --> 00:00:28,724
Hey! Hold on a minute!
10
00:00:28,767 --> 00:00:29,942
Hands in the air!
- Oh, hey! Wait! Whoa!
11
00:00:29,986 --> 00:00:31,248
- Now!
- Hey, guys!
12
00:00:31,292 --> 00:00:32,858
Whoa! On a job!
13
00:00:32,902 --> 00:00:35,078
I'm headed to a murder scene
right around the corner.
14
00:00:35,122 --> 00:00:36,514
- And what'd I say
about those hands?
15
00:00:36,558 --> 00:00:39,039
- Officer,
they're still in the air, OK?
16
00:00:39,082 --> 00:00:41,302
I'm a detective with the 2-7.
17
00:00:41,345 --> 00:00:43,086
- Hey, get on the ground.
- There's no need for that.
18
00:00:43,130 --> 00:00:44,174
You gotta listen
to what I'm saying.
19
00:00:44,218 --> 00:00:45,784
- You heard him.
Down on the ground.
20
00:00:45,828 --> 00:00:46,959
Do it now.
21
00:00:47,003 --> 00:00:47,960
- You can put the weapon down.
22
00:00:48,004 --> 00:00:50,137
I'm with the 2-7.
I'm a detective.
23
00:00:50,180 --> 00:00:51,660
My shield is in my coat.
24
00:00:51,703 --> 00:00:55,664
I'm just gonna
show you my shield, OK?
25
00:00:55,707 --> 00:00:57,448
This doesn't have to escalate.
- Don't do it.
26
00:00:57,492 --> 00:00:59,015
- Hey! Hey!
- No, listen!
27
00:00:59,059 --> 00:01:00,538
Listen to me!
- Calm down!
28
00:01:00,582 --> 00:01:02,062
- You're making a mistake!
- Stand still!
29
00:01:02,105 --> 00:01:03,628
- Stop moving! Comply!
- Hey! Hey! Hey!
30
00:01:03,672 --> 00:01:05,152
What the hell are you doing?
What the hell are you doing?
31
00:01:05,194 --> 00:01:07,806
That's my partner!
We're on the job!
32
00:01:07,850 --> 00:01:09,547
We're detectives of the 2-7!
33
00:01:09,591 --> 00:01:10,983
Get off him!
- Get the hell off me!
34
00:01:11,027 --> 00:01:12,289
- Hey, back off!
- That's my partner!
35
00:01:12,333 --> 00:01:13,289
- What the hell
is wrong with you?
36
00:01:13,334 --> 00:01:14,639
- What's wrong with us?
- Idiot!
37
00:01:14,683 --> 00:01:16,380
Idiot!
What is wrong with you?
38
00:01:16,424 --> 00:01:18,208
Why? Why?
- Easy, easy, easy, easy.
39
00:01:18,252 --> 00:01:19,383
- What's wrong with you,
you idiot?
40
00:01:19,426 --> 00:01:20,993
- We thought
he was a murder suspect!
41
00:01:21,037 --> 00:01:23,692
- Why? Why did you think that?
- Jalen, easy. Easy.
42
00:01:23,735 --> 00:01:24,867
- Did you see what he just did?
- Yes, I did.
43
00:01:24,910 --> 00:01:26,390
- Hey, a lot of people
say they're cops.
44
00:01:26,434 --> 00:01:27,565
- Do they have a badge?
45
00:01:27,609 --> 00:01:29,263
- It's just
a misunderstanding, OK?
46
00:01:29,306 --> 00:01:30,916
- We're just trying
to do our jobs, bro.
47
00:01:30,960 --> 00:01:33,223
- Yeah, doing our jobs.
- Taking your badges down.
48
00:01:33,267 --> 00:01:34,789
- Don't do that. Come on.
- That's not your job!
49
00:01:34,833 --> 00:01:36,705
- Guys, get out of here.
- This is not over.
50
00:01:36,747 --> 00:01:38,750
- I said get out of here!
- Hey, you're gonna be sorry!
51
00:01:38,794 --> 00:01:41,449
- We're gonna be sorry, huh?
- You're gonna be sorry!
52
00:01:41,491 --> 00:01:44,452
- Just walk away!
- Get the hell out of here!
53
00:01:44,495 --> 00:01:46,932
Jalen. Jalen, easy, easy.
54
00:01:46,976 --> 00:01:50,152
I know. Easy.
55
00:01:50,197 --> 00:01:53,025
You good?
56
00:01:53,069 --> 00:01:54,462
- Yeah.
57
00:01:54,505 --> 00:01:57,420
Just another day in paradise.
58
00:02:01,033 --> 00:02:04,776
[dramatic music]
59
00:02:04,820 --> 00:02:11,348
♪
60
00:02:48,168 --> 00:02:50,735
- Likely cause of death is
blunt force trauma to the head.
61
00:02:50,779 --> 00:02:53,738
- Ooh, smells like
he took a bath in merlot.
62
00:02:53,781 --> 00:02:57,699
- That bottle is probably
the murder weapon.
63
00:02:57,742 --> 00:02:59,004
- You think?
64
00:02:59,048 --> 00:03:00,658
Bag that.
65
00:03:00,702 --> 00:03:03,313
Get it over to the lab.
Check the DNA.
66
00:03:03,357 --> 00:03:05,924
- Any witnesses?
- None so far.
67
00:03:07,535 --> 00:03:08,797
- Who found the body?
68
00:03:08,840 --> 00:03:10,364
- A sanitation worker.
69
00:03:10,407 --> 00:03:12,975
- A lot of door cams
on this block.
70
00:03:13,018 --> 00:03:14,933
Get a video canvass
of the area as well.
71
00:03:14,977 --> 00:03:18,894
- Oh, the killer left
a $5,000 watch.
72
00:03:18,937 --> 00:03:20,374
And his cell phone.
73
00:03:20,417 --> 00:03:22,332
Not a robbery.
74
00:03:22,376 --> 00:03:24,856
- Is that the wallet?
- Yeah.
75
00:03:28,643 --> 00:03:30,384
- Still got cash
and credit cards.
76
00:03:30,427 --> 00:03:32,341
Darian Marshall, MD.
77
00:03:32,386 --> 00:03:34,126
- A doctor.
78
00:03:34,170 --> 00:03:36,041
- What's that Bible saying?
79
00:03:36,085 --> 00:03:40,220
He saved others,
but he couldn't save himself.
80
00:03:52,101 --> 00:03:54,059
- Hey.
81
00:03:54,103 --> 00:03:55,800
How's it going?
82
00:03:58,629 --> 00:04:00,805
- What are you doing here?
- Peace offering.
83
00:04:00,849 --> 00:04:02,546
- [scoffs]
84
00:04:02,590 --> 00:04:04,156
- I came here to apologize.
85
00:04:04,200 --> 00:04:05,854
- Yeah, I see that.
86
00:04:05,897 --> 00:04:07,856
- You're not much
for small talk.
87
00:04:07,899 --> 00:04:10,293
- Correct.
88
00:04:10,337 --> 00:04:11,425
- OK.
89
00:04:13,122 --> 00:04:15,516
I'm up for detective.
90
00:04:15,559 --> 00:04:17,605
You filing a complaint against
me is not going to help,
91
00:04:17,648 --> 00:04:20,999
so I'm asking you to look past
92
00:04:21,043 --> 00:04:25,395
my unfortunate and emotional
reaction to the situation.
93
00:04:25,439 --> 00:04:27,441
We were looking for a killer.
94
00:04:27,484 --> 00:04:29,007
Tensions were high.
95
00:04:29,051 --> 00:04:31,662
- Yeah. Then along came
a big, strapping brother,
96
00:04:31,706 --> 00:04:33,403
so he'll do, right?
- That's not what I--
97
00:04:33,447 --> 00:04:36,667
- You had your guns drawn,
pointed at me.
98
00:04:36,711 --> 00:04:38,713
You didn't even give me
a chance to show you my badge.
99
00:04:38,756 --> 00:04:40,497
- We thought we were
staring down the suspect
100
00:04:40,541 --> 00:04:41,759
of a murder investigation.
- No, no, no, no, no.
101
00:04:41,803 --> 00:04:44,371
You knew you were
looking at a Black man,
102
00:04:44,414 --> 00:04:45,763
and you assumed
103
00:04:45,807 --> 00:04:47,896
that he was a subject
of a murder investigation.
104
00:04:47,939 --> 00:04:50,464
For all you knew, it could
have been a 5' white woman.
105
00:04:50,507 --> 00:04:51,987
- It's always about race.
106
00:04:52,030 --> 00:04:54,772
- It always is with you guys,
isn't it?
107
00:04:54,816 --> 00:04:56,165
- Do what you gotta do,
Detective,
108
00:04:56,207 --> 00:04:58,646
but I'd think real hard
about your next move.
109
00:05:01,736 --> 00:05:03,346
- You threatening me?
110
00:05:03,390 --> 00:05:06,741
- I'm just saying,
this is the brotherhood.
111
00:05:06,784 --> 00:05:09,352
Brotherhood based
on the color blue.
112
00:05:20,320 --> 00:05:23,105
- Victim is a heart surgeon.
As of now, no witnesses.
113
00:05:23,148 --> 00:05:25,194
- Video?
- Nothing so far.
114
00:05:25,237 --> 00:05:27,239
- Any indication
it was a mugging?
115
00:05:27,283 --> 00:05:29,851
- Victim had a wallet
full of cash in his pocket
116
00:05:29,894 --> 00:05:31,983
and expensive jewelry on,
so I don't think so.
117
00:05:32,027 --> 00:05:33,855
- Maybe it was
a drug deal gone bad.
118
00:05:33,898 --> 00:05:37,641
- It's possible, but he was
a cardiothoracic surgeon,
119
00:05:37,685 --> 00:05:39,339
so why--
120
00:05:42,603 --> 00:05:46,520
- Just riffing here, Jalen.
121
00:05:46,563 --> 00:05:50,219
- Not a lot of trafficking
in that area, Lieu.
122
00:05:50,262 --> 00:05:51,829
There was no paraphernalia
123
00:05:51,873 --> 00:05:54,615
or residue
in the victim's possessions,
124
00:05:54,658 --> 00:05:57,313
and there was no drugs
or alcohol in his system.
125
00:05:57,357 --> 00:05:59,054
- ME give a time of death?
- Yeah.
126
00:05:59,097 --> 00:06:01,404
Sometime between
9:00 p.m. and midnight.
127
00:06:01,448 --> 00:06:02,405
- What else do we know
about the vic?
128
00:06:02,449 --> 00:06:03,667
- Divorced.
129
00:06:03,711 --> 00:06:05,277
Lived and worked
in the Upper East Side.
130
00:06:05,321 --> 00:06:07,279
- Any reason why he was down
in the meatpacking district?
131
00:06:07,323 --> 00:06:09,499
- Not yet, but we are
running his financials.
132
00:06:09,543 --> 00:06:10,935
- Put together a timeline.
133
00:06:10,979 --> 00:06:12,894
We'll start at the hospital
where he worked.
134
00:06:22,556 --> 00:06:25,689
- Down to earth, friendly.
135
00:06:25,733 --> 00:06:28,300
Dr. Marshall was one
of the good ones.
136
00:06:28,344 --> 00:06:32,000
Always made a point of asking
about my wife and kids.
137
00:06:34,089 --> 00:06:35,525
There it is.
138
00:06:37,092 --> 00:06:40,182
- Time stamp says
he left at 7:42 p.m.
139
00:06:40,225 --> 00:06:41,531
- Look at that guy.
140
00:06:41,575 --> 00:06:43,446
He seems to be
following Dr. Marshall.
141
00:06:43,490 --> 00:06:45,405
- Do you have any video
from outside?
142
00:06:45,448 --> 00:06:46,971
- Check it out.
143
00:06:47,015 --> 00:06:49,539
- Yeah, Marshall's
talking to that guy.
144
00:06:49,582 --> 00:06:51,236
- Who is he?
145
00:06:51,280 --> 00:06:52,977
- His name's Hopkins.
146
00:06:53,021 --> 00:06:56,024
He's a doctor.
147
00:06:56,067 --> 00:06:58,330
- Thank you.
148
00:06:58,374 --> 00:07:00,463
- I heard what happened.
149
00:07:00,507 --> 00:07:03,292
Tragic. A real loss.
150
00:07:03,335 --> 00:07:06,643
But I'm not sure
how I can help.
151
00:07:06,687 --> 00:07:08,863
- Dr. Hopkins, is there
anyone you can think of
152
00:07:08,906 --> 00:07:10,952
who wanted to hurt him?
- No.
153
00:07:12,562 --> 00:07:14,172
I may not be
the right person to ask.
154
00:07:14,216 --> 00:07:15,913
I didn't know him that well.
155
00:07:15,957 --> 00:07:19,569
- You worked together
for a couple of years.
156
00:07:19,613 --> 00:07:22,050
- Yeah.
How did you two get along?
157
00:07:22,093 --> 00:07:24,966
- We were cordial.
158
00:07:26,794 --> 00:07:28,491
If I think of anything,
I'll let you know.
159
00:07:28,535 --> 00:07:29,753
I need to get back
to my patients.
160
00:07:29,797 --> 00:07:32,277
- Oh, according
to the chief of surgery,
161
00:07:32,321 --> 00:07:34,409
you're not allowed
to see patients anymore, right?
162
00:07:34,454 --> 00:07:36,107
You're on administrative duty.
163
00:07:36,151 --> 00:07:39,023
- And we understand
that Dr. Marshall had something
164
00:07:39,067 --> 00:07:41,025
to do with that.
165
00:07:41,069 --> 00:07:43,027
- I think I'd like
to contact my attorney.
166
00:07:43,071 --> 00:07:46,248
- I think that attorney should
meet you down to the precinct.
167
00:07:50,207 --> 00:07:51,775
- We got you on video
168
00:07:51,819 --> 00:07:54,299
two hours
before Dr. Marshall was killed.
169
00:07:54,343 --> 00:07:56,780
You were yelling at him.
You shoved him into a wall.
170
00:07:56,824 --> 00:07:58,695
- Plus, we know
that Dr. Marshall
171
00:07:58,739 --> 00:08:01,132
was accusing you of misconduct.
172
00:08:01,176 --> 00:08:02,699
Said that you were
173
00:08:02,743 --> 00:08:05,485
performing unnecessary
bypass surgeries on patients.
174
00:08:05,528 --> 00:08:07,791
- Dr. Hopkins will be
fully exonerated.
175
00:08:07,835 --> 00:08:09,880
- Dr. Marshall was scheduled
to testify against you.
176
00:08:09,924 --> 00:08:11,752
- I've done nothing wrong.
177
00:08:11,795 --> 00:08:13,667
I present the pros and cons
of the surgery,
178
00:08:13,710 --> 00:08:16,147
and patients made
their own risk assessments.
179
00:08:16,191 --> 00:08:18,498
Marshall's patients
didn't trust him.
180
00:08:18,541 --> 00:08:21,718
A lot of them ended up coming
to me for second opinions.
181
00:08:21,762 --> 00:08:23,894
- So Dr. Marshall
cooked up a bunch of lies
182
00:08:23,938 --> 00:08:25,809
to make himself look better.
183
00:08:25,853 --> 00:08:28,377
- The Department of Public
Health might beg to differ.
184
00:08:28,420 --> 00:08:30,161
- Come on.
185
00:08:30,205 --> 00:08:32,642
Clearly, you had a bone
to pick with the man.
186
00:08:32,686 --> 00:08:35,036
- You're right.
I couldn't stand him.
187
00:08:35,078 --> 00:08:37,821
He was sanctimonious, butted
into everyone's business,
188
00:08:37,865 --> 00:08:39,431
but that doesn't mean
I killed him.
189
00:08:39,475 --> 00:08:42,522
- Where'd you go that night
after you left the hospital?
190
00:08:42,565 --> 00:08:43,957
- A theater.
191
00:08:46,047 --> 00:08:49,006
- Dr. Hopkins's alibi
checks out.
192
00:08:49,050 --> 00:08:50,660
- He went to the theater
with his wife.
193
00:08:50,704 --> 00:08:53,837
Saw "Othello,"
in case you were wondering.
194
00:08:53,881 --> 00:08:56,318
Then they had dinner,
car service home.
195
00:08:56,361 --> 00:08:58,886
So I got ticket stubs, credit
card receipts, and video.
196
00:08:58,929 --> 00:09:00,714
- I just got
into the victim's phone.
197
00:09:00,757 --> 00:09:02,716
The last time he used it
was for a rideshare app.
198
00:09:02,759 --> 00:09:05,806
Car picked him up
at Mercy General at 7:48 p.m.
199
00:09:05,849 --> 00:09:07,590
- Where'd he go?
- A condo building
200
00:09:07,634 --> 00:09:09,592
two blocks
from the crime scene.
201
00:09:09,636 --> 00:09:10,680
- On our way.
202
00:09:10,724 --> 00:09:12,116
Nice work, Yee.
203
00:09:12,160 --> 00:09:14,771
- Thanks.
204
00:09:14,815 --> 00:09:16,643
- So you made up your mind?
205
00:09:16,686 --> 00:09:18,645
You gonna file the report?
206
00:09:18,688 --> 00:09:20,951
- Not sure.
207
00:09:20,995 --> 00:09:23,475
Any words of wisdom
you wanna impart?
208
00:09:23,519 --> 00:09:25,216
- Nothing
you haven't heard before.
209
00:09:25,260 --> 00:09:27,436
Blue wall. Brotherhood.
210
00:09:27,479 --> 00:09:30,004
Best to resolve these things
off the record.
211
00:09:30,047 --> 00:09:33,050
You know,
all those cop clichés.
212
00:09:33,094 --> 00:09:35,923
But they are clichés
for a reason.
213
00:09:35,966 --> 00:09:37,664
- You're not saying I should
turn the other cheek, are you?
214
00:09:37,707 --> 00:09:40,144
- I'm saying
that cops have long memories.
215
00:09:40,188 --> 00:09:41,450
But I'm white.
216
00:09:41,493 --> 00:09:43,321
Things like that never happen
to guys like me.
217
00:09:43,365 --> 00:09:45,628
- Nope.
- But...
218
00:09:49,414 --> 00:09:52,635
If you wanna press charges
and roll these pricks up,
219
00:09:52,679 --> 00:09:54,724
I got your back till the end.
220
00:09:54,768 --> 00:09:56,334
- Appreciate that, Frank.
221
00:10:05,735 --> 00:10:05,909
.
222
00:10:05,953 --> 00:10:08,651
- Darian and I had our issues,
but he was a good man.
223
00:10:08,695 --> 00:10:10,522
Worked really hard
to get where he was.
224
00:10:10,566 --> 00:10:12,960
He was a great father too.
225
00:10:13,003 --> 00:10:14,875
Please.
- Thank you.
226
00:10:14,918 --> 00:10:16,703
When did you two split up?
227
00:10:18,661 --> 00:10:21,446
- We finalized the divorce
a couple months ago.
228
00:10:21,490 --> 00:10:24,058
- And why did he come by here
last night?
229
00:10:24,101 --> 00:10:27,017
- He came to see our daughter.
We just moved in.
230
00:10:27,061 --> 00:10:28,366
Darian had never
been here before.
231
00:10:28,410 --> 00:10:30,673
- And how long did he stay?
232
00:10:30,717 --> 00:10:33,676
- About an hour.
We all had dinner together.
233
00:10:33,720 --> 00:10:35,852
- Did he happen to mention
where he was going afterwards?
234
00:10:35,896 --> 00:10:38,289
- No.
235
00:10:38,333 --> 00:10:40,378
I kind of
rushed him out of here.
236
00:10:40,422 --> 00:10:45,122
My new boyfriend was
coming over, and he...
237
00:10:45,165 --> 00:10:46,907
I didn't want any drama.
238
00:10:46,950 --> 00:10:49,257
- What?
Those two don't get along?
239
00:10:49,300 --> 00:10:50,562
- No.
240
00:10:50,606 --> 00:10:53,870
Greg, my boyfriend,
he gets jealous.
241
00:10:53,914 --> 00:10:58,701
- So Darian leaves, and then
your boyfriend comes over?
242
00:10:58,745 --> 00:11:00,050
- Yeah.
243
00:11:00,094 --> 00:11:02,662
But he saw there were
three plates in the sink,
244
00:11:02,705 --> 00:11:05,752
knew Darian had just been here,
and he left.
245
00:11:05,795 --> 00:11:09,016
- He just left because there
were three plates in the sink?
246
00:11:09,059 --> 00:11:11,540
- Like I said,
he gets jealous of Darian.
247
00:11:11,583 --> 00:11:13,803
- And how long did he stay?
248
00:11:13,847 --> 00:11:15,326
- I don't know.
249
00:11:15,370 --> 00:11:16,850
Maybe ten minutes.
250
00:11:19,200 --> 00:11:21,985
- We need to talk to Greg.
251
00:11:22,029 --> 00:11:23,770
Immediately.
252
00:11:28,035 --> 00:11:29,732
- The guy was a pompous ass,
253
00:11:29,776 --> 00:11:31,908
always hanging
around my girlfriend.
254
00:11:31,952 --> 00:11:33,997
Couldn't just let her go,
live her life.
255
00:11:34,040 --> 00:11:35,825
- They got a kid together.
256
00:11:35,869 --> 00:11:37,305
- Yeah, I know.
257
00:11:37,348 --> 00:11:39,786
It wasn't just that.
It was his attitude too.
258
00:11:39,829 --> 00:11:42,223
He was always acting like he
was better than everyone else
259
00:11:42,266 --> 00:11:43,615
just because he was a doctor.
260
00:11:43,659 --> 00:11:45,226
- You see him last night?
- Whoa. Hold on.
261
00:11:45,269 --> 00:11:47,837
I didn't kill the guy if
that's what you're getting at.
262
00:11:47,881 --> 00:11:49,317
- I didn't ask you that.
263
00:11:49,360 --> 00:11:51,362
Where'd you go after you
left your girlfriend's house?
264
00:11:51,406 --> 00:11:52,755
- I came back here.
265
00:11:52,799 --> 00:11:54,409
- Here?
266
00:11:54,452 --> 00:11:56,759
That's kind of late.
After 9:00?
267
00:11:56,803 --> 00:11:58,935
- I sell security systems.
268
00:11:58,979 --> 00:12:00,937
Every night, I collect
all the data from the apps,
269
00:12:00,981 --> 00:12:03,331
the ones that report all
the local criminal activity,
270
00:12:03,374 --> 00:12:05,725
and I post the results
on social media.
271
00:12:05,768 --> 00:12:08,423
- You report criminal activity
in this area?
272
00:12:08,466 --> 00:12:10,468
Things are
kind of tame around here.
273
00:12:10,512 --> 00:12:11,948
- Not according to the apps.
274
00:12:11,992 --> 00:12:15,778
My orders have quadrupled
in the last three months.
275
00:12:15,822 --> 00:12:17,998
What can I say?
Fear's a powerful sales tactic.
276
00:12:18,041 --> 00:12:21,131
- What can I say?
Alibis need verification.
277
00:12:21,175 --> 00:12:23,090
- Sure.
278
00:12:23,133 --> 00:12:25,309
Three employees were
still working when I got here,
279
00:12:25,353 --> 00:12:26,658
plus,
I've got surveillance cameras
280
00:12:26,702 --> 00:12:28,530
inside and outside the office.
281
00:12:30,488 --> 00:12:32,708
- Big surprise.
282
00:12:33,970 --> 00:12:35,624
- We can cross Donnelly
off the list.
283
00:12:35,667 --> 00:12:37,234
He definitely was
at his office that night
284
00:12:37,278 --> 00:12:38,932
and didn't leave
till after midnight.
285
00:12:38,975 --> 00:12:40,237
- Yeah, we checked on the posts
that he was talking about too.
286
00:12:40,281 --> 00:12:41,499
- What kind of posts?
287
00:12:41,543 --> 00:12:42,936
- There's these apps
that people use
288
00:12:42,979 --> 00:12:44,851
to report crimes in their area.
- My wife uses it.
289
00:12:44,894 --> 00:12:46,374
Checks out what's going on
in the neighborhood.
290
00:12:46,417 --> 00:12:47,810
- Yeah,
so according to these apps,
291
00:12:47,854 --> 00:12:49,464
there was
three robberies reported
292
00:12:49,507 --> 00:12:52,119
in the vicinity
of Dr. Marshall's murder.
293
00:12:52,162 --> 00:12:53,685
We spoke to two of the vics.
294
00:12:53,729 --> 00:12:55,035
The first one,
bodega owner
295
00:12:55,078 --> 00:12:57,472
who accused a kid
of stealing a candy bar.
296
00:12:57,515 --> 00:13:00,605
The second one was
a 55-year-old divorceé
297
00:13:00,649 --> 00:13:03,347
who accused a Hispanic man
of looking at her funny.
298
00:13:03,391 --> 00:13:04,609
- What about the third?
299
00:13:04,653 --> 00:13:06,263
- Just found him,
and we're going there now.
300
00:13:06,307 --> 00:13:07,438
- All right.
301
00:13:07,482 --> 00:13:09,397
Let's hope
third time's a charm.
302
00:13:12,269 --> 00:13:13,444
- What is this about?
303
00:13:13,488 --> 00:13:16,360
Did you find
the guy who robbed me?
304
00:13:16,404 --> 00:13:18,188
- No, we were actually hoping
305
00:13:18,232 --> 00:13:20,582
that you could shed some light
on the incident for us.
306
00:13:20,625 --> 00:13:22,627
- I already told you
everything that I know.
307
00:13:22,671 --> 00:13:24,542
- If you don't mind,
we'd like to go over it again.
308
00:13:24,586 --> 00:13:26,718
There's a possibility
that it's connected
309
00:13:26,762 --> 00:13:29,852
to a murder
that we're investigating.
310
00:13:29,896 --> 00:13:31,854
- Murder?
311
00:13:31,898 --> 00:13:33,508
Really?
312
00:13:33,551 --> 00:13:37,033
- We're not the robbery cops.
313
00:13:37,077 --> 00:13:40,863
- Um, so...
314
00:13:40,907 --> 00:13:42,952
he approached me from behind.
315
00:13:42,996 --> 00:13:45,389
He asked for my phone,
my wallet.
316
00:13:45,433 --> 00:13:47,565
I give him both.
317
00:13:47,609 --> 00:13:49,741
And then, this guy,
318
00:13:49,785 --> 00:13:51,874
he cracks me over the head
with something.
319
00:13:51,918 --> 00:13:55,399
- Could it have been a bottle?
- Uh, yeah.
320
00:13:55,443 --> 00:13:57,880
Whatever it was, it knocked me
unconscious for a second.
321
00:13:57,924 --> 00:13:59,751
- Do you remember
what this guy looked like?
322
00:13:59,795 --> 00:14:02,232
Maybe his height,
his weight, his race?
323
00:14:02,276 --> 00:14:06,410
- Black. 5'7"-ish. Stocky.
324
00:14:06,454 --> 00:14:08,064
- Approximate age?
325
00:14:08,108 --> 00:14:10,719
- He's young. 18, 19.
326
00:14:10,762 --> 00:14:12,068
- Do you remember anything
about his appearance?
327
00:14:12,112 --> 00:14:13,156
His clothing?
328
00:14:13,200 --> 00:14:15,071
- Ski jacket.
329
00:14:15,115 --> 00:14:18,509
Some kind of wool cap.
330
00:14:25,386 --> 00:14:27,518
- Mr. Burke, are you OK?
331
00:14:27,562 --> 00:14:29,172
- Not really.
332
00:14:32,523 --> 00:14:34,438
It was traumatic, all right?
333
00:14:34,482 --> 00:14:37,615
I don't love reliving it.
334
00:14:37,659 --> 00:14:40,705
I thought
that I was gonna die, so...
335
00:14:40,749 --> 00:14:43,883
And I didn't know anything
about this recent tragedy.
336
00:14:43,926 --> 00:14:46,102
After what happened,
I don't really walk around
337
00:14:46,146 --> 00:14:47,364
after dark anymore.
338
00:14:47,408 --> 00:14:48,931
- We understand.
339
00:14:48,975 --> 00:14:52,152
- If that's all, I'd like
you guys to leave, please.
340
00:14:54,981 --> 00:14:56,156
- Thank you.
341
00:15:03,815 --> 00:15:06,209
- Hey, Lieu,
Brian Burke's robbery
342
00:15:06,253 --> 00:15:08,951
and Dr. Marshall's murder
could be connected.
343
00:15:08,995 --> 00:15:10,953
Both victims were approached
from behind,
344
00:15:10,997 --> 00:15:12,955
hit in the head
with blunt objects.
345
00:15:12,999 --> 00:15:14,696
They happened
in the same vicinity,
346
00:15:14,739 --> 00:15:16,132
around the same time of night.
347
00:15:16,176 --> 00:15:18,874
- All right, let's check
the video and door cam footage
348
00:15:18,918 --> 00:15:20,484
from the night
of Marshall's murder
349
00:15:20,528 --> 00:15:23,139
and see if anyone in the area
matches Burke's description.
350
00:15:23,183 --> 00:15:24,227
- Done. Vi's on it.
351
00:15:24,271 --> 00:15:26,360
- Hey.
Can I talk to you for a sec?
352
00:15:26,403 --> 00:15:27,622
Just come on in.
353
00:15:27,665 --> 00:15:29,189
Shut the door.
354
00:15:32,496 --> 00:15:34,150
- What's up?
- So I got a call
355
00:15:34,194 --> 00:15:37,458
from Wagner and Farley's
union rep today.
356
00:15:37,501 --> 00:15:39,547
- [chuckles dryly] Yeah.
357
00:15:39,590 --> 00:15:42,289
OK.
It was only a matter of time.
358
00:15:42,332 --> 00:15:44,160
What's he wanna do? Mediate?
359
00:15:44,204 --> 00:15:45,988
- More like attack.
360
00:15:47,381 --> 00:15:48,599
- Excuse me?
361
00:15:48,643 --> 00:15:50,079
- He's coming for you.
362
00:15:50,123 --> 00:15:52,995
He said that you violated
departmental rules
363
00:15:53,039 --> 00:15:54,475
by refusing
to get on the ground.
364
00:15:54,518 --> 00:15:56,216
- They said I...
365
00:15:56,259 --> 00:15:58,087
That lawyer can kiss my ass.
How about that?
366
00:15:58,131 --> 00:16:02,526
- I would not be so quick
to dismiss that.
367
00:16:02,570 --> 00:16:03,701
You gotta trust me.
368
00:16:03,745 --> 00:16:06,052
I come
from a long line of cops,
369
00:16:06,095 --> 00:16:08,141
and I know exactly how
this thing is gonna play out.
370
00:16:08,184 --> 00:16:11,013
- Lieu, those two cops
crossed the line.
371
00:16:11,057 --> 00:16:13,059
They wouldn't listen
to a word I was saying.
372
00:16:13,102 --> 00:16:15,365
They wouldn't
let me badge them.
373
00:16:15,409 --> 00:16:16,758
They had their guns drawn.
374
00:16:16,801 --> 00:16:18,629
They were practically
itching to light me up.
375
00:16:18,673 --> 00:16:19,935
- It's your call.
376
00:16:19,979 --> 00:16:21,415
I just need to let you know
what's going on.
377
00:16:21,458 --> 00:16:24,374
And whatever you decide,
you've got my full support.
378
00:16:24,418 --> 00:16:26,724
You just have to understand
379
00:16:26,768 --> 00:16:29,553
what you're
stepping into right now.
380
00:16:29,597 --> 00:16:32,252
- What does that mean?
- Come on, Jalen.
381
00:16:32,295 --> 00:16:34,994
As much as I hate to admit it,
you know exactly how it works
382
00:16:35,037 --> 00:16:36,908
when a cop
goes after another cop.
383
00:16:36,952 --> 00:16:38,388
- I'm not the bad guy here.
384
00:16:38,432 --> 00:16:41,826
- Look, the department
is making so many changes,
385
00:16:41,870 --> 00:16:44,438
so many for the good,
but when it comes to this--
386
00:16:44,481 --> 00:16:45,569
this thing--
387
00:16:45,613 --> 00:16:48,050
we are stuck back in 1974.
388
00:16:48,094 --> 00:16:50,139
So it doesn't even matter
how right you are.
389
00:16:50,183 --> 00:16:51,880
And I know.
390
00:16:51,923 --> 00:16:54,013
I know you're right.
391
00:16:57,320 --> 00:17:01,150
This is the kind of thing that
is gonna destroy your career.
392
00:17:04,284 --> 00:17:05,675
- OK.
393
00:17:07,416 --> 00:17:09,810
I get it.
394
00:17:09,854 --> 00:17:12,640
We're supposed
to protect each other, right?
395
00:17:12,683 --> 00:17:14,381
All those rah-rah speeches
396
00:17:14,424 --> 00:17:17,819
about being blue
and protecting your brother,
397
00:17:17,862 --> 00:17:19,733
they were written
by white guys.
398
00:17:21,997 --> 00:17:24,608
So you can tell
that union lawyer
399
00:17:24,652 --> 00:17:26,088
and those two white cops
400
00:17:26,132 --> 00:17:29,439
they are trying
to scare the wrong man.
401
00:17:29,483 --> 00:17:31,050
- OK.
402
00:17:31,093 --> 00:17:32,355
I'm gonna call internal affairs
403
00:17:32,399 --> 00:17:34,662
and tell them
you're moving forward.
404
00:17:36,490 --> 00:17:38,057
- Thank you.
405
00:17:57,337 --> 00:17:57,554
.
406
00:17:57,598 --> 00:17:59,556
- I've gone through
every shred of video
407
00:17:59,600 --> 00:18:01,384
from the night of the murder.
408
00:18:01,428 --> 00:18:02,994
I can't find anyone
who even remotely fits
409
00:18:03,038 --> 00:18:05,214
Burke's description
of the guy who robbed him.
410
00:18:05,258 --> 00:18:06,563
- Worth a shot.
411
00:18:06,607 --> 00:18:08,739
- I did find
something interesting, though.
412
00:18:08,783 --> 00:18:11,090
Surveillance video
from Burke's neighbor.
413
00:18:11,133 --> 00:18:12,700
Check it out.
414
00:18:15,398 --> 00:18:16,747
- That's Burke.
415
00:18:16,791 --> 00:18:19,402
- Taken around the time
of the murder, 10:04 p.m.
416
00:18:19,446 --> 00:18:21,274
- Play the video.
- Mm-hmm.
417
00:18:23,798 --> 00:18:25,452
His hands are shaking so much,
418
00:18:25,495 --> 00:18:27,845
he can barely
hold on to his keys.
419
00:18:32,198 --> 00:18:35,288
- I thought you didn't go out
after dark anymore.
420
00:18:35,331 --> 00:18:37,159
- What are you--
- 'Cause we got a receipt
421
00:18:37,203 --> 00:18:39,857
that shows you purchased
a bottle of wine
422
00:18:39,901 --> 00:18:44,035
at a local liquor store
at 9:47 p.m.
423
00:18:44,079 --> 00:18:46,603
- And there's a video of you
15 minutes later
424
00:18:46,647 --> 00:18:49,389
that puts you a block
from the crime scene,
425
00:18:49,432 --> 00:18:51,826
and you're not holding
a bottle of wine anymore.
426
00:18:51,869 --> 00:18:54,437
- So the only question
I have for you now is,
427
00:18:54,481 --> 00:18:56,309
why did you do it?
428
00:18:56,352 --> 00:18:57,919
- This is outrageous.
429
00:18:57,962 --> 00:19:00,791
My client is the victim
of a violent crime.
430
00:19:00,835 --> 00:19:02,619
- Why don't you save
your outrage and indignation
431
00:19:02,663 --> 00:19:04,882
and just have your client
tell us what happened?
432
00:19:07,624 --> 00:19:10,975
- Go ahead. Tell them.
433
00:19:11,019 --> 00:19:12,455
- It was self-defense.
434
00:19:16,677 --> 00:19:18,461
- You're saying he came to you.
435
00:19:18,505 --> 00:19:19,810
- He approached me from behind,
436
00:19:19,854 --> 00:19:21,986
and he pretended
to ask for directions.
437
00:19:22,030 --> 00:19:23,597
And then, I turn around
to get a look at the guy,
438
00:19:23,640 --> 00:19:25,294
and I see he has something
in his hand, a gun,
439
00:19:25,338 --> 00:19:28,297
so I hit him over the head
with the only thing that I had,
440
00:19:28,341 --> 00:19:29,690
which was a wine bottle.
441
00:19:29,733 --> 00:19:31,213
- And then,
you just fled the scene.
442
00:19:31,257 --> 00:19:33,128
- Yeah, I panicked.
- You didn't try to help him?
443
00:19:33,172 --> 00:19:34,608
- Call 911?
444
00:19:34,651 --> 00:19:37,437
- No, I ran home.
I called a lawyer.
445
00:19:37,480 --> 00:19:39,178
She said do nothing.
446
00:19:39,221 --> 00:19:41,092
- I can verify that.
447
00:19:41,136 --> 00:19:42,703
- Great advice, Counselor.
448
00:19:42,746 --> 00:19:46,097
- You see, Darian Marshall...
449
00:19:46,141 --> 00:19:48,752
was really asking you
for directions.
450
00:19:48,796 --> 00:19:50,406
And he wasn't holding a gun.
451
00:19:50,450 --> 00:19:53,670
It was a cell phone.
452
00:19:53,714 --> 00:19:56,934
He was
a well-regarded heart surgeon,
453
00:19:56,978 --> 00:20:01,722
and you left him on the street
to die like an animal.
454
00:20:03,071 --> 00:20:05,943
- No more questions.
We're done.
455
00:20:05,987 --> 00:20:08,381
[door opens]
456
00:20:09,251 --> 00:20:11,688
- You believe him?
- I definitely don't think
457
00:20:11,732 --> 00:20:13,342
he set out
to kill anyone that night.
458
00:20:13,386 --> 00:20:14,691
That's for sure.
- Yeah.
459
00:20:14,735 --> 00:20:16,606
It doesn't mean
it was self-defense either.
460
00:20:16,650 --> 00:20:18,304
- Let me call Price.
See what he thinks.
461
00:20:18,347 --> 00:20:19,653
- Excuse me.
462
00:20:19,696 --> 00:20:23,047
Detective Shaw?
- Yeah.
463
00:20:23,091 --> 00:20:25,311
- I'm Sergeant Frank Matthews,
Internal Affairs.
464
00:20:25,354 --> 00:20:26,529
You got a minute?
465
00:20:26,573 --> 00:20:28,705
- Absolutely.
We can talk in here.
466
00:20:33,536 --> 00:20:34,972
Thank you for coming so soon.
467
00:20:35,016 --> 00:20:36,713
I know Lieutenant Dixon
just reached out to you,
468
00:20:36,757 --> 00:20:37,758
so I appreciate it.
469
00:20:37,801 --> 00:20:40,543
- I'm not here about that.
470
00:20:40,587 --> 00:20:42,153
- OK. What are you here for?
471
00:20:42,197 --> 00:20:45,548
- Officers Wagner and Farley
filed a complaint against you.
472
00:20:45,592 --> 00:20:48,464
- You're here
to investigate me?
473
00:20:48,508 --> 00:20:49,987
- You can get in touch
with your union rep
474
00:20:50,031 --> 00:20:51,728
and consult an attorney
if you want.
475
00:20:51,772 --> 00:20:54,383
- I don't need a lawyer.
I don't--
476
00:20:54,427 --> 00:20:56,733
- The officers claim
they ordered you to the ground.
477
00:20:56,777 --> 00:20:58,300
- They did, and I refused.
478
00:20:58,344 --> 00:21:01,085
I wasn't about
to get on my knees for anybody,
479
00:21:01,129 --> 00:21:02,609
much less those two cops.
480
00:21:02,652 --> 00:21:04,480
Now, you and I both know
what could have happened
481
00:21:04,524 --> 00:21:06,221
if I had complied.
482
00:21:06,265 --> 00:21:10,878
- Look, sometimes
you have to let things slide.
483
00:21:10,921 --> 00:21:13,054
Keep an eye on the big picture.
- OK.
484
00:21:13,097 --> 00:21:15,361
- I've had to put up with
a lot to get to where I am.
485
00:21:15,404 --> 00:21:18,102
If you drop your complaint,
I'm confident they will too.
486
00:21:18,146 --> 00:21:19,626
- Right.
487
00:21:19,669 --> 00:21:21,628
- I understand
what it feels like
488
00:21:21,671 --> 00:21:23,412
to be on the other end
of the nonsense.
489
00:21:23,456 --> 00:21:25,545
I do. Trust me.
490
00:21:25,588 --> 00:21:28,112
But let's face it,
nothing really happened.
491
00:21:28,156 --> 00:21:29,113
Nobody got hurt.
492
00:21:29,157 --> 00:21:30,680
So why make a big deal
about it,
493
00:21:30,724 --> 00:21:32,639
invite all kinds
of negative attention?
494
00:21:32,682 --> 00:21:35,163
This kind of thing
makes us look bad.
495
00:21:41,474 --> 00:21:43,040
- Us?
496
00:21:45,260 --> 00:21:46,957
- The police.
497
00:21:48,829 --> 00:21:49,873
- Right.
498
00:21:51,266 --> 00:21:52,789
[knocks at door]
499
00:21:52,833 --> 00:21:54,095
- Price needs to see us.
500
00:21:55,836 --> 00:21:58,012
- Thanks for making time,
Sergeant.
501
00:21:59,840 --> 00:22:01,276
- It's a tough one.
502
00:22:01,320 --> 00:22:04,497
I'm not quite sure
what the right charge is.
503
00:22:08,196 --> 00:22:09,502
- I vote murder.
504
00:22:09,545 --> 00:22:11,721
Innocent man
is walking down the street,
505
00:22:11,765 --> 00:22:13,288
minding his own business.
506
00:22:13,332 --> 00:22:14,681
He gets bashed in the head.
507
00:22:14,724 --> 00:22:16,639
I'm not really sure
what we're discussing here.
508
00:22:16,683 --> 00:22:18,380
- Well, Burke could have
a legitimate claim
509
00:22:18,424 --> 00:22:19,990
of self-defense.
510
00:22:20,034 --> 00:22:21,688
- He can claim
whatever he wants.
511
00:22:21,731 --> 00:22:23,951
He was never
in any actual danger.
512
00:22:23,994 --> 00:22:27,084
And he left the man
bleeding in the street.
513
00:22:27,128 --> 00:22:29,913
- He had recently been the
victim of a violent mugging
514
00:22:29,957 --> 00:22:31,045
in that same neighborhood.
515
00:22:31,088 --> 00:22:33,003
His assailant
hasn't been caught.
516
00:22:33,047 --> 00:22:35,919
A physically imposing man
he's never seen before...
517
00:22:35,963 --> 00:22:40,010
- Physically imposing
Black man.
518
00:22:40,054 --> 00:22:41,534
Right?
519
00:22:44,885 --> 00:22:48,541
- That approached him
for no apparent reason.
520
00:22:48,584 --> 00:22:50,194
He was in fear for his life,
521
00:22:50,238 --> 00:22:52,501
even though his fear turned out
to be unwarranted.
522
00:22:52,545 --> 00:22:53,894
- I'm no lawyer,
523
00:22:53,937 --> 00:22:57,332
but doesn't that fear
have to be reasonable,
524
00:22:57,376 --> 00:23:01,249
you know, from a objective
person's perspective?
525
00:23:01,292 --> 00:23:02,685
- Frank Cosgrove, Esq.
526
00:23:02,729 --> 00:23:04,687
- But a jury might determine
527
00:23:04,731 --> 00:23:06,602
that Burke's fear
was reasonable.
528
00:23:06,646 --> 00:23:08,735
- Reasonable?
529
00:23:10,084 --> 00:23:13,435
Nolan, softening the charges...
530
00:23:13,479 --> 00:23:15,916
ratifies what they did.
531
00:23:15,959 --> 00:23:20,573
- I'm simply acknowledging
the weakness of a murder case.
532
00:23:20,616 --> 00:23:23,402
You're a lawyer.
You understand that.
533
00:23:23,445 --> 00:23:25,099
- I was a lawyer.
534
00:23:26,535 --> 00:23:29,408
Now, I'm a cop.
535
00:23:29,451 --> 00:23:32,062
A Black cop.
536
00:23:32,106 --> 00:23:35,936
And unfortunately,
I just got yet another lesson
537
00:23:35,979 --> 00:23:37,590
in what that means,
and what that means is,
538
00:23:37,633 --> 00:23:38,895
when you're Black
in this country,
539
00:23:38,939 --> 00:23:42,595
you are guilty
in too many people's eyes.
540
00:23:44,727 --> 00:23:48,078
Burke made a false assumption
541
00:23:48,122 --> 00:23:50,211
based
on Dr. Marshall's skin color,
542
00:23:50,254 --> 00:23:51,995
and worse,
he acted on that assumption.
543
00:23:52,039 --> 00:23:55,390
And now, Dr. Marshall,
that Black doctor, is dead.
544
00:23:57,131 --> 00:24:00,613
If that is not enough
for a murder charge,
545
00:24:00,656 --> 00:24:02,919
I gotta start rethinking
how I'm spending my time
546
00:24:02,963 --> 00:24:04,530
risking my life
in the street with Frank
547
00:24:04,573 --> 00:24:07,271
to bring you good arrests just
to watch you water them down.
548
00:24:18,718 --> 00:24:18,935
.
549
00:24:18,979 --> 00:24:21,851
- Yes, I will.
550
00:24:21,895 --> 00:24:24,027
Phone won't stop ringing.
551
00:24:24,071 --> 00:24:27,378
CEOs, heads of charities,
552
00:24:27,422 --> 00:24:31,208
more than a handful
of political donors,
553
00:24:31,252 --> 00:24:35,343
all asking me to reconsider
indicting Brian Burke.
554
00:24:35,386 --> 00:24:36,736
- Doesn't surprise me.
He chairs one
555
00:24:36,779 --> 00:24:39,347
of the biggest charitable
foundations in the city.
556
00:24:39,390 --> 00:24:42,393
- Everyone says
he's a good man.
557
00:24:42,437 --> 00:24:44,439
Certainly not a racist.
558
00:24:44,483 --> 00:24:46,049
- I'm not challenging
his character, Jack.
559
00:24:46,093 --> 00:24:47,921
I'm challenging his actions.
560
00:24:47,964 --> 00:24:49,662
I've weighed both sides
of the equation.
561
00:24:49,705 --> 00:24:53,143
Jalen Shaw made
a compelling case.
562
00:24:53,187 --> 00:24:56,538
- You want to charge murder?
563
00:24:56,582 --> 00:24:58,409
Can you prove it?
564
00:24:58,453 --> 00:25:01,108
- It'll be close,
but I have to try.
565
00:25:01,151 --> 00:25:02,283
- Why is that?
566
00:25:02,326 --> 00:25:03,719
- If I charge manslaughter,
567
00:25:03,763 --> 00:25:06,374
what kind of message
will I be sending?
568
00:25:06,417 --> 00:25:09,899
That you can assault
and kill Black men
569
00:25:09,943 --> 00:25:11,335
because you're scared?
570
00:25:12,423 --> 00:25:13,599
[knocks at door]
571
00:25:13,642 --> 00:25:15,296
- Burke's lawyer wants to meet.
572
00:25:15,339 --> 00:25:16,950
Says
she has additional information
573
00:25:16,993 --> 00:25:17,951
we need to consider.
574
00:25:21,389 --> 00:25:25,262
- I know
that I should have called 911.
575
00:25:25,306 --> 00:25:27,395
- Why didn't you?
576
00:25:27,438 --> 00:25:30,398
- I panicked.
577
00:25:30,441 --> 00:25:33,619
I know how it looks,
but I'm not a racist.
578
00:25:33,662 --> 00:25:36,099
- So what is this
additional information
579
00:25:36,143 --> 00:25:38,798
you want us to consider?
580
00:25:38,841 --> 00:25:41,278
- On the, um--
the night of the--
581
00:25:41,322 --> 00:25:43,629
the incident with Dr. Marshall,
582
00:25:43,672 --> 00:25:45,500
I got an alert on my phone
583
00:25:45,544 --> 00:25:49,112
that there was a
suspicious person in the area.
584
00:25:49,156 --> 00:25:50,592
- Who sent the alert?
585
00:25:50,636 --> 00:25:53,073
- Well, it popped up
on a neighborhood safety app.
586
00:25:53,116 --> 00:25:54,857
- What did it say?
587
00:25:54,901 --> 00:25:56,642
- "Be careful.
588
00:25:56,685 --> 00:25:58,948
"There's a dangerous
Black man in the area.
589
00:25:58,992 --> 00:26:00,733
"He's armed.
590
00:26:00,776 --> 00:26:02,430
Exercise extreme caution."
591
00:26:02,473 --> 00:26:04,606
- Did the alert
provide a description?
592
00:26:04,650 --> 00:26:06,347
- A little more than that.
593
00:26:06,390 --> 00:26:09,437
It provided a picture
of Dr. Marshall.
594
00:26:12,658 --> 00:26:16,792
- So Burke actually
might be telling the truth.
595
00:26:16,836 --> 00:26:19,012
- That's definitely
Dr. Marshall.
596
00:26:19,055 --> 00:26:22,798
- Yeah, and these are
the posts that Burke saw.
597
00:26:22,842 --> 00:26:25,540
The first one says, "A tall
Black man just mugged someone.
598
00:26:25,584 --> 00:26:28,674
The mugger is armed
and extremely dangerous."
599
00:26:28,717 --> 00:26:31,198
- Dozens of people
post comments after that.
600
00:26:31,241 --> 00:26:33,940
- Another woman says
that they saw Dr. Marshall,
601
00:26:33,983 --> 00:26:35,985
and she is sure
that he's got a gun.
602
00:26:36,029 --> 00:26:38,248
- Then the story
takes on a life of its own.
603
00:26:38,292 --> 00:26:40,033
It's like a dangerous
fearmongering version
604
00:26:40,076 --> 00:26:41,121
of telephone.
605
00:26:41,164 --> 00:26:42,383
- Who started it?
606
00:26:42,426 --> 00:26:44,428
- A man named Daniel Deluca.
607
00:26:44,472 --> 00:26:47,736
52. Works in real estate.
Lives downtown.
608
00:26:47,780 --> 00:26:50,652
- And he's done
this sort of thing before.
609
00:26:50,696 --> 00:26:51,871
- What do you mean?
610
00:26:51,914 --> 00:26:54,482
- Well, he's posted
that violent people,
611
00:26:54,525 --> 00:26:57,006
usually Black men,
are on certain streets.
612
00:26:57,050 --> 00:26:58,573
He puts up photos.
613
00:26:58,617 --> 00:26:59,705
And then, he makes up stories
614
00:26:59,748 --> 00:27:01,881
about them
with guns and knives.
615
00:27:01,924 --> 00:27:04,144
- He gets the residents
all riled up.
616
00:27:04,187 --> 00:27:08,191
And then, inevitably, a chain
of racist rumors follows.
617
00:27:08,235 --> 00:27:12,108
And the posts turn out
to be pure fiction.
618
00:27:12,152 --> 00:27:14,894
- Has anyone else been hurt?
- Yeah.
619
00:27:14,937 --> 00:27:17,592
One man was assaulted
by an angry mob of residents,
620
00:27:17,636 --> 00:27:20,073
and two Black men
were falsely arrested.
621
00:27:20,116 --> 00:27:22,989
- Brooke's lawyers
could wind up calling Deluca
622
00:27:23,032 --> 00:27:24,817
to support
their self-defense claim.
623
00:27:24,860 --> 00:27:26,732
I wanna be prepared
to cross-examine him.
624
00:27:26,775 --> 00:27:29,473
- I look forward
to meeting this guy.
625
00:27:33,652 --> 00:27:36,002
- I don't know
what to tell you.
626
00:27:36,045 --> 00:27:38,221
I was walking through
the meatpacking district,
627
00:27:38,265 --> 00:27:40,006
meeting my girlfriend
for a late dinner.
628
00:27:40,049 --> 00:27:41,747
I saw a guy
who looked suspicious.
629
00:27:41,790 --> 00:27:43,618
- What made him
look suspicious?
630
00:27:43,662 --> 00:27:45,925
- I thought he had a gun.
631
00:27:45,968 --> 00:27:48,536
Those people,
coming into our neighborhood,
632
00:27:48,579 --> 00:27:51,626
ruining it for the rest of us.
633
00:27:51,670 --> 00:27:54,585
- Those people?
634
00:27:54,629 --> 00:27:57,458
What do you mean by that?
635
00:27:57,501 --> 00:28:00,504
- You know, criminals.
636
00:28:00,548 --> 00:28:03,986
- So you think you're doing
some kind of a public service?
637
00:28:04,030 --> 00:28:05,205
- Actually, I do.
638
00:28:05,248 --> 00:28:08,164
Plus, I've got three kids,
elderly parents.
639
00:28:08,208 --> 00:28:09,383
No one is safe anymore.
640
00:28:09,426 --> 00:28:12,299
- You--
641
00:28:12,342 --> 00:28:14,736
you're out of line.
642
00:28:14,780 --> 00:28:16,912
You can't just go around
posting whatever you want.
643
00:28:16,956 --> 00:28:19,436
That's dangerous. Reckless.
644
00:28:19,480 --> 00:28:21,917
You're practically
asking somebody
645
00:28:21,961 --> 00:28:24,964
to take the law
into their own hands,
646
00:28:25,007 --> 00:28:27,227
maybe even commit
an act of violence.
647
00:28:29,533 --> 00:28:31,710
Turn around.
648
00:28:34,756 --> 00:28:36,018
- You heard him.
Turn around. Turn around.
649
00:28:36,062 --> 00:28:37,803
Come on. Come on.
650
00:28:37,846 --> 00:28:39,805
- Hands behind your back.
651
00:28:39,848 --> 00:28:44,113
Daniel Deluca,
you're under arrest.
652
00:28:44,157 --> 00:28:45,375
- What for?
653
00:28:45,419 --> 00:28:46,986
- Manslaughter.
654
00:28:48,770 --> 00:28:51,773
- I'm assuming
you ran this by Price.
655
00:29:05,744 --> 00:29:05,918
.
656
00:29:05,961 --> 00:29:08,137
- You arrested Daniel Deluca?
657
00:29:08,181 --> 00:29:09,269
Charged him with manslaughter?
658
00:29:09,312 --> 00:29:10,749
- Good to see you, Price.
659
00:29:10,792 --> 00:29:13,099
- We're on solid footing
with that.
660
00:29:13,142 --> 00:29:15,449
Deluca's actions
were the direct cause
661
00:29:15,492 --> 00:29:16,798
of Dr. Marshall's murder.
662
00:29:16,842 --> 00:29:18,844
- Didn't think
to consult with me first?
663
00:29:18,887 --> 00:29:21,760
- We have initial discretion
to make the arrest, Nolan.
664
00:29:21,803 --> 00:29:23,805
- There were
no exigent circumstances.
665
00:29:23,849 --> 00:29:24,893
- Have a seat.
666
00:29:24,937 --> 00:29:26,242
- You wanna play prosecutor,
667
00:29:26,286 --> 00:29:27,548
join the DA's office.
668
00:29:27,591 --> 00:29:29,811
Otherwise, stay in your lane.
669
00:29:29,855 --> 00:29:31,813
- Mm. Well,
you don't wanna charge Deluca,
670
00:29:31,857 --> 00:29:32,814
that's on you, buddy.
671
00:29:32,858 --> 00:29:34,163
- We got a good case.
672
00:29:34,207 --> 00:29:35,469
- Not so sure about that.
673
00:29:35,512 --> 00:29:37,558
And we'd have to flip Burke.
674
00:29:37,601 --> 00:29:39,125
- Well, let's flip him then.
675
00:29:39,168 --> 00:29:41,127
- You're the one who urged me
to charge him with murder.
676
00:29:41,170 --> 00:29:43,477
- And I stand by that, but new
information has come to light
677
00:29:43,520 --> 00:29:45,218
that says
that Deluca is more culpable.
678
00:29:45,261 --> 00:29:46,828
He incited Burke.
679
00:29:46,872 --> 00:29:48,787
- He made the guy
feel like he was in danger.
680
00:29:48,830 --> 00:29:50,005
- But for Deluca's post,
681
00:29:50,049 --> 00:29:52,094
Dr. Marshall
would still be alive today.
682
00:29:52,138 --> 00:29:53,835
- I get it,
but Burke is the one
683
00:29:53,879 --> 00:29:55,532
who smashed him in the head
with a wine bottle.
684
00:29:55,576 --> 00:29:59,667
- Yes, and Deluca's
reckless posts made him do it.
685
00:29:59,710 --> 00:30:01,712
He has to be held
accountable for that.
686
00:30:05,716 --> 00:30:09,024
- Is there any way
you can prove both cases?
687
00:30:09,068 --> 00:30:10,896
Try Burke and Deluca together?
688
00:30:10,939 --> 00:30:14,160
- I need Burke's cooperation
to win against Deluca.
689
00:30:14,203 --> 00:30:16,510
- You can prove
Deluca was reckless,
690
00:30:16,553 --> 00:30:18,860
that he created
a dangerous situation
691
00:30:18,904 --> 00:30:21,689
and put Marshall's life
in jeopardy
692
00:30:21,732 --> 00:30:23,778
with evidence
of his past behavior.
693
00:30:23,822 --> 00:30:25,780
- But that's
only half the battle.
694
00:30:25,824 --> 00:30:28,522
I need Burke
to say he saw the posts
695
00:30:28,565 --> 00:30:31,873
and that he believed
what was in them.
696
00:30:31,917 --> 00:30:33,875
- Then get him a deal.
Get him on board.
697
00:30:33,919 --> 00:30:37,531
- OK, but I'd be sacrificing
the murder case against Burke
698
00:30:37,574 --> 00:30:39,881
for a much weaker case
against Deluca.
699
00:30:39,925 --> 00:30:43,537
- Opportunity and risk
come in pairs.
700
00:30:43,580 --> 00:30:48,194
If you think Deluca
was the most responsible,
701
00:30:48,237 --> 00:30:50,587
set your sights on him.
702
00:30:55,505 --> 00:30:57,290
- Mr. Burke,
you're here as part
703
00:30:57,333 --> 00:30:59,248
of a cooperation agreement?
- That's true.
704
00:30:59,292 --> 00:31:00,554
- In exchange
for your testimony,
705
00:31:00,597 --> 00:31:02,469
you'll receive
a seven-year sentence.
706
00:31:02,512 --> 00:31:05,167
- Yes. I will plead guilty
to manslaughter.
707
00:31:05,211 --> 00:31:08,214
- Tell the members of the jury,
708
00:31:08,257 --> 00:31:11,434
why did you kill
Dr. Darian Marshall?
709
00:31:11,478 --> 00:31:14,263
- Because I thought
that he was going to kill me.
710
00:31:14,307 --> 00:31:15,743
- Did you believe
he had a weapon?
711
00:31:15,786 --> 00:31:16,918
- A gun, yes.
712
00:31:16,962 --> 00:31:18,267
- Why did you think this?
713
00:31:18,311 --> 00:31:21,183
- Because the defendant
put things on an app.
714
00:31:21,227 --> 00:31:24,143
- You're referring to
the defendant, Daniel Deluca?
715
00:31:24,186 --> 00:31:25,927
- Yes.
716
00:31:25,971 --> 00:31:29,235
I believed what he posted.
717
00:31:29,278 --> 00:31:33,500
I thought that I was in danger,
and I was protecting myself.
718
00:31:33,543 --> 00:31:35,589
- Thank you.
Nothing further.
719
00:31:39,985 --> 00:31:44,728
- My client
didn't kill Darian Marshall.
720
00:31:44,772 --> 00:31:46,513
You did.
721
00:31:46,556 --> 00:31:48,602
- Regrettably, yes.
722
00:31:48,645 --> 00:31:52,519
You took a bottle,
smashed it over his head,
723
00:31:52,562 --> 00:31:55,609
and left him to die.
724
00:31:55,652 --> 00:31:57,437
- I wish I could take it back.
725
00:31:57,480 --> 00:31:59,265
- And so, you're doing
the next best thing,
726
00:31:59,308 --> 00:32:00,962
trying to blame someone else.
727
00:32:01,006 --> 00:32:02,442
- Objection. Argumentative.
728
00:32:02,485 --> 00:32:04,096
- Overruled.
729
00:32:04,139 --> 00:32:05,836
- You killed someone,
730
00:32:05,880 --> 00:32:07,490
and then you got
a sweetheart deal
731
00:32:07,534 --> 00:32:09,362
from a prosecutor
who is hellbent
732
00:32:09,405 --> 00:32:10,798
on making
a political statement.
733
00:32:10,841 --> 00:32:13,105
- Your Honor.
734
00:32:13,148 --> 00:32:15,107
- Withdrawn.
Nothing further.
735
00:32:15,150 --> 00:32:17,239
- You're excused, sir.
736
00:32:17,283 --> 00:32:18,806
- Call your next witness,
Mr. Price.
737
00:32:18,849 --> 00:32:22,679
- People call
Detective Jalen Shaw.
738
00:32:22,723 --> 00:32:26,727
- The defendant started
a chain of racist messages
739
00:32:26,770 --> 00:32:30,687
and then posted
a picture of Dr. Marshall.
740
00:32:30,731 --> 00:32:33,255
- Has the defendant made
postings like this in the past?
741
00:32:33,299 --> 00:32:34,822
- Yes.
742
00:32:34,865 --> 00:32:38,391
- Men--Black men--
walking down the street,
743
00:32:38,434 --> 00:32:41,872
minding their own business
are the targets of these posts?
744
00:32:41,916 --> 00:32:43,352
- Correct.
745
00:32:43,396 --> 00:32:45,789
- And some of these innocent
men have been arrested,
746
00:32:45,833 --> 00:32:48,792
and one has actually
been assaulted?
747
00:32:48,836 --> 00:32:50,925
- Yes, he was
punched in the head
748
00:32:50,969 --> 00:32:54,494
and then hospitalized
for a concussion.
749
00:32:54,537 --> 00:32:55,712
- Thank you.
750
00:32:59,412 --> 00:33:03,068
- Detective, are you aware
that the NYPD uses these apps
751
00:33:03,111 --> 00:33:06,027
to fight crimes
and put out police alerts?
752
00:33:06,071 --> 00:33:07,507
- Objection. Relevance.
753
00:33:07,550 --> 00:33:08,943
- What is the relevance?
754
00:33:08,987 --> 00:33:11,554
- This is a case
about free speech
755
00:33:11,598 --> 00:33:13,992
and civic participation.
756
00:33:14,035 --> 00:33:16,690
They should be giving my client
a medal for citizenship.
757
00:33:16,733 --> 00:33:18,648
Not being put on trial
for homicide.
758
00:33:18,692 --> 00:33:21,564
- Objection is overruled.
759
00:33:21,608 --> 00:33:24,828
- Counselor, I'm aware
that the NYPD is using...
760
00:33:24,872 --> 00:33:27,048
certain crime-fighting apps.
761
00:33:27,092 --> 00:33:31,183
And when these apps are used
in a responsible manner,
762
00:33:31,226 --> 00:33:33,750
they can be a useful tool.
763
00:33:33,794 --> 00:33:36,884
Problems arise
when they're used recklessly.
764
00:33:36,927 --> 00:33:39,191
- You know a lot about
recklessness Detective Shaw,
765
00:33:39,234 --> 00:33:40,279
don't you?
766
00:33:40,322 --> 00:33:41,584
- Objection. Argumentative.
767
00:33:41,628 --> 00:33:43,412
- Ask another question,
Miss Stanley.
768
00:33:43,456 --> 00:33:48,200
- Violating NYPD rules and
regulations is also reckless,
769
00:33:48,243 --> 00:33:50,028
isn't it?
770
00:33:50,071 --> 00:33:51,812
- It depends
on the circumstances.
771
00:33:51,855 --> 00:33:54,597
- Detective Shaw,
is there a pending
772
00:33:54,641 --> 00:33:56,904
Internal Affairs complaint
against you?
773
00:34:00,299 --> 00:34:03,867
- There's one pending, yes.
774
00:34:03,911 --> 00:34:06,305
- You violated
your department's policy.
775
00:34:06,348 --> 00:34:11,310
You failed to comply with the
request of a fellow officer?
776
00:34:11,353 --> 00:34:13,703
- That is the allegation.
777
00:34:13,746 --> 00:34:18,186
- So your own department
has taken action against you.
778
00:34:18,230 --> 00:34:20,188
- It has.
779
00:34:20,232 --> 00:34:22,929
- And the underlying incident
involves a dispute
780
00:34:22,973 --> 00:34:26,760
that you had
with white police officers.
781
00:34:26,803 --> 00:34:28,804
- I was racially profiled.
782
00:34:28,849 --> 00:34:32,331
- And charging my client,
a white man, with homicide,
783
00:34:32,373 --> 00:34:34,768
that's your way of
balancing the scales, isn't it?
784
00:34:34,811 --> 00:34:37,248
- Objection.
- Sustained.
785
00:34:37,292 --> 00:34:39,641
- Nothing further.
786
00:34:39,686 --> 00:34:43,820
- Detective Shaw,
you're excused.
787
00:34:43,864 --> 00:34:45,083
- Yeah.
788
00:34:55,876 --> 00:34:56,268
.
789
00:34:56,311 --> 00:34:59,009
- You're the subject of an
Internal Affairs complaint?
790
00:34:59,053 --> 00:35:00,968
- It's complete nonsense.
- That's not the point.
791
00:35:01,011 --> 00:35:03,405
If you had told me,
I would have been prepared.
792
00:35:03,449 --> 00:35:04,624
I would have never
put you on the stand.
793
00:35:04,667 --> 00:35:07,496
- OK. He screwed up.
Let's move on.
794
00:35:09,890 --> 00:35:11,152
What do you need?
795
00:35:11,196 --> 00:35:13,328
- Deluca is going
to testify tomorrow morning.
796
00:35:13,372 --> 00:35:15,417
- The defense has put us
back on our heels,
797
00:35:15,461 --> 00:35:17,245
and at the same time,
they're selling Deluca
798
00:35:17,289 --> 00:35:18,986
as some well-intentioned guy
799
00:35:19,029 --> 00:35:21,119
who bears no responsibility
for what happened.
800
00:35:21,162 --> 00:35:22,381
- We need to disprove that.
801
00:35:22,424 --> 00:35:24,165
- His posts are part
of a pattern of conduct.
802
00:35:24,209 --> 00:35:25,645
- We can get you
police reports,
803
00:35:25,688 --> 00:35:29,127
medical records that show
his past posts hurt people.
804
00:35:29,170 --> 00:35:30,563
- I need more.
I need evidence
805
00:35:30,606 --> 00:35:32,782
of his motive, his state
of mind, that he is racist.
806
00:35:32,826 --> 00:35:34,915
- I've been looking through
his social media accounts.
807
00:35:34,958 --> 00:35:36,569
He doesn't belong
to any white supremacy groups
808
00:35:36,612 --> 00:35:38,527
or any other
fringe organizations.
809
00:35:38,571 --> 00:35:41,922
And he's never posted anything
that's scandalous or racist.
810
00:35:41,965 --> 00:35:43,967
- Well, what kind of things
does he post?
811
00:35:44,011 --> 00:35:45,447
- Mostly real estate stuff.
812
00:35:45,491 --> 00:35:48,494
It looks like he buys
and sells apartments.
813
00:35:53,803 --> 00:35:55,588
- Is anybody else
noticing something similar
814
00:35:55,631 --> 00:35:57,677
about all these addresses?
815
00:35:59,505 --> 00:36:01,420
That can't be just
a coincidence.
816
00:36:06,947 --> 00:36:11,169
- My goal is to help
my fellow New Yorkers.
817
00:36:11,212 --> 00:36:13,214
I wanna make a difference,
818
00:36:13,258 --> 00:36:15,173
reclaim the streets
from the criminals
819
00:36:15,216 --> 00:36:16,870
that have taken over
this great city.
820
00:36:16,913 --> 00:36:21,918
- You had no control over
Mr. Burke's actions, did you?
821
00:36:21,962 --> 00:36:26,227
- My heart goes out
to Dr. Marshall's family.
822
00:36:26,271 --> 00:36:30,884
But I had no idea
anyone would die.
823
00:36:32,320 --> 00:36:35,323
- Thank you.
824
00:36:35,367 --> 00:36:37,543
- You're in the real estate
business, correct?
825
00:36:37,586 --> 00:36:40,676
You buy and sell apartments?
- Yes.
826
00:36:40,720 --> 00:36:45,203
- Crime, or reports of crime,
827
00:36:45,246 --> 00:36:47,553
can drive down the value
828
00:36:47,596 --> 00:36:51,252
of buildings
in a particular neighborhood,
829
00:36:51,296 --> 00:36:53,167
can't it?
830
00:36:53,211 --> 00:36:55,996
- It can.
831
00:36:56,039 --> 00:36:58,781
- You've been planting false
reports of criminal activity
832
00:36:58,825 --> 00:37:01,175
in order to decrease
the value of homes
833
00:37:01,219 --> 00:37:02,394
in certain neighborhoods,
haven't you?
834
00:37:02,437 --> 00:37:04,526
Price tags go down,
835
00:37:04,570 --> 00:37:05,962
you purchase properties,
and eventually,
836
00:37:06,006 --> 00:37:07,834
when the neighborhood
is seen as safe again,
837
00:37:07,877 --> 00:37:12,360
you sell the property
and make a hefty profit.
838
00:37:12,404 --> 00:37:14,580
- Objection.
Facts not in evidence.
839
00:37:14,623 --> 00:37:19,237
- Well, then allow me
to give an offer of proof.
840
00:37:19,280 --> 00:37:24,546
A certified report from the New
York City Register's Office.
841
00:37:24,590 --> 00:37:29,638
Four transactions
in the past two years.
842
00:37:29,682 --> 00:37:33,338
- I'll accept the offer.
Proceed.
843
00:37:33,381 --> 00:37:35,775
- You issued...
844
00:37:35,818 --> 00:37:41,084
several fictitious posts
about Black criminals
845
00:37:41,128 --> 00:37:44,740
on streets where each of
these properties were located.
846
00:37:44,784 --> 00:37:47,395
Each of these posts
described a man
847
00:37:47,439 --> 00:37:50,529
as armed, dangerous,
acting erratic.
848
00:37:50,572 --> 00:37:51,921
- I'm not sure about that.
849
00:37:51,965 --> 00:37:56,012
- Well, then let me help
refresh your memory.
850
00:37:56,056 --> 00:37:58,058
You do recognize these posts?
851
00:38:01,366 --> 00:38:02,584
- I guess.
852
00:38:02,628 --> 00:38:07,502
- And then,
within a matter of weeks,
853
00:38:07,546 --> 00:38:11,941
you purchased the apartment.
854
00:38:11,985 --> 00:38:14,074
You made a killing,
didn't you, Mr. Deluca?
855
00:38:14,117 --> 00:38:16,294
- Objection.
- Overruled.
856
00:38:16,337 --> 00:38:18,426
Answer the question, sir.
857
00:38:20,602 --> 00:38:23,953
- I'm a businessman.
858
00:38:23,997 --> 00:38:26,478
I made a profit.
859
00:38:26,521 --> 00:38:28,567
- Thank you.
That's all I have.
860
00:38:34,181 --> 00:38:37,402
[dramatic music]
861
00:38:37,445 --> 00:38:44,583
♪
862
00:39:02,775 --> 00:39:05,473
- Madame Foreperson,
has the jury reached a verdict?
863
00:39:05,517 --> 00:39:07,475
- We have, Your Honor.
864
00:39:07,519 --> 00:39:08,998
- How do you find?
865
00:39:09,042 --> 00:39:11,653
- We find the defendant
guilty of manslaughter
866
00:39:11,697 --> 00:39:13,960
in the first degree.
867
00:39:14,003 --> 00:39:16,789
- Members of the jury,
thank you for your service.
868
00:39:16,832 --> 00:39:18,094
You are excused.
869
00:39:18,138 --> 00:39:19,879
Court is in recess.
870
00:39:47,036 --> 00:39:49,517
- Congratulations.
871
00:39:49,561 --> 00:39:51,780
- Sometimes we get it right.
872
00:39:51,824 --> 00:39:54,522
But something tells me
that's not why you're here.
873
00:39:54,566 --> 00:39:58,047
- Nope. I just got a call.
874
00:39:58,091 --> 00:40:01,355
Internal Affairs
is closing the investigation.
875
00:40:01,399 --> 00:40:02,835
- Closing it?
876
00:40:02,878 --> 00:40:06,621
- They found your allegations
to be unsubstantiated.
877
00:40:06,665 --> 00:40:11,234
- I wish I could say
I was surprised, but...
878
00:40:11,278 --> 00:40:13,802
And what about
their allegations against me?
879
00:40:13,846 --> 00:40:16,326
- That complaint stuck.
880
00:40:16,370 --> 00:40:20,069
They're suspending you
for a week without pay.
881
00:40:22,420 --> 00:40:23,812
Look, Jalen,
882
00:40:23,856 --> 00:40:26,772
I have seen positive changes
in the department,
883
00:40:26,815 --> 00:40:30,253
but the blue wall
is still the blue wall.
884
00:40:30,297 --> 00:40:37,435
♪
885
00:40:58,760 --> 00:40:58,978
.
886
00:40:59,021 --> 00:41:01,937
[dramatic music]
887
00:41:01,981 --> 00:41:08,901
♪
888
00:41:28,224 --> 00:41:31,184
[wolf howls]
61977
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