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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:03,900 --> 00:00:05,968 Then this guy's so-called lawyer, 2 00:00:06,069 --> 00:00:08,437 because he has no vision whatsoever, 3 00:00:08,538 --> 00:00:09,872 he calls me racist. 4 00:00:09,973 --> 00:00:12,424 So, I say, "Look, friend. 5 00:00:12,525 --> 00:00:14,726 I don't have a problem with black people. 6 00:00:16,012 --> 00:00:20,298 "I love black people. What I can't stand is scumbags." 7 00:00:20,399 --> 00:00:23,652 And this city, when you look around, is chock-full of them. 8 00:00:23,753 --> 00:00:27,372 Pink, purple, brown, yellow... the scumbaggery in this city 9 00:00:27,473 --> 00:00:30,509 - is off the charts. - Excuse me. 10 00:00:32,762 --> 00:00:34,396 [man] Oh. 11 00:00:37,467 --> 00:00:39,468 Wow. 12 00:00:39,569 --> 00:00:42,938 DA's and PD's elbow-to-elbow, workin' it out. 13 00:00:43,039 --> 00:00:45,140 Makes me want to say, " Yes, we can." 14 00:00:45,241 --> 00:00:46,625 What's up, Radley? 15 00:00:46,726 --> 00:00:49,561 You tell me. You're the one having drinks with the enemy. 16 00:00:49,662 --> 00:00:52,765 Kellerman, ready for school tomorrow? Class starts early. 17 00:00:52,866 --> 00:00:54,149 Yeah? What class would that be? 18 00:00:54,417 --> 00:00:56,234 Advanced prosecution. 19 00:00:56,335 --> 00:00:58,971 Accountability for scumbags. Watch and learn. 20 00:00:59,072 --> 00:01:02,624 I'll be there. The Busse case? 21 00:01:02,725 --> 00:01:04,810 Brandon Radley, major crimes. 22 00:01:04,911 --> 00:01:07,529 - Hi. - Hello to you, doll-face. 23 00:01:07,714 --> 00:01:09,731 Please tell me you're one of the good guys. 24 00:01:09,832 --> 00:01:12,685 If by good you mean someone who makes himself feel important 25 00:01:12,786 --> 00:01:15,187 by wasting our tax dollars screwing the poor, 26 00:01:15,288 --> 00:01:17,873 color me bad, dude. 27 00:01:17,974 --> 00:01:19,775 Wow, OK. 28 00:01:21,344 --> 00:01:24,129 [Brandon] You didn't look brainless across the room. 29 00:01:24,230 --> 00:01:25,564 But I was looking at your ass. 30 00:01:25,665 --> 00:01:27,099 That's how you fool 'em, isn't it? 31 00:01:27,284 --> 00:01:29,084 - What'd you say? - Come on, bro. 32 00:01:29,185 --> 00:01:31,019 Let me buy you another drink. 33 00:01:31,121 --> 00:01:33,922 Get your hands off me, bro. Don't call me "bro." 34 00:01:34,023 --> 00:01:36,725 All right, but you're walking out of here with me. 35 00:01:36,826 --> 00:01:38,476 What are you, the sheriff? 36 00:01:38,578 --> 00:01:39,662 Turn around, go. 37 00:01:39,763 --> 00:01:41,464 She tried to embarrass me. 38 00:01:41,565 --> 00:01:43,448 I'm not letting some whore do that. 39 00:01:43,550 --> 00:01:45,801 Hey! 40 00:01:48,437 --> 00:01:49,638 Get off! 41 00:01:49,739 --> 00:01:50,989 Chill, man. 42 00:01:51,090 --> 00:01:52,340 [grunts] 43 00:01:57,180 --> 00:01:59,214 [woman] Morning, Michelle. 44 00:01:59,316 --> 00:02:01,417 Who's covering part 33, do you know? 45 00:02:01,518 --> 00:02:02,684 Dullen. 46 00:02:02,819 --> 00:02:05,187 Can you hand these off to him? I'm up to my neck. 47 00:02:05,288 --> 00:02:06,855 - Sure. - Did you post Smith for me? 48 00:02:06,956 --> 00:02:09,024 - Yep. - Did you Shepardize that? 49 00:02:09,125 --> 00:02:10,993 Yes, I did. I was thinking... 50 00:02:11,094 --> 00:02:13,645 Kellerman's gonna want it at the discovery 51 00:02:13,747 --> 00:02:16,548 so have this copied and the medical records redacted. 52 00:02:16,649 --> 00:02:18,751 Already done. 53 00:02:21,053 --> 00:02:24,757 Yeah. These aren't redacted. I can still see the words. 54 00:02:24,858 --> 00:02:27,693 Copy it. Then it's redacted. 55 00:02:29,679 --> 00:02:31,847 [Kessler humming] 56 00:02:37,470 --> 00:02:40,138 - You're humming. - Charity, Charlie. 57 00:02:40,239 --> 00:02:42,975 Doing right by doing good. It's a beautiful thing. 58 00:02:43,076 --> 00:02:44,910 Black for you. 59 00:02:46,446 --> 00:02:48,697 Donuts for Vince and the guys. 60 00:02:48,798 --> 00:02:51,349 You brought food for the court staff? 61 00:02:51,451 --> 00:02:54,569 It is nothing compared to what I have for you. 62 00:02:55,889 --> 00:02:58,290 Last night, while you were undoubtedly 63 00:02:58,391 --> 00:03:00,993 making legal decisions of life and death, 64 00:03:01,094 --> 00:03:03,712 I was helping the poor children of this city 65 00:03:03,813 --> 00:03:06,431 by selflessly spending money on myself. 66 00:03:06,532 --> 00:03:08,600 The Robin Hood Foundation Benefit was last night. 67 00:03:08,801 --> 00:03:13,739 Charlie, have you ever actually seen a Michelangelo? 68 00:03:13,840 --> 00:03:17,142 Have you ever stood in the Gallerie dell'Accademia 69 00:03:17,243 --> 00:03:19,094 and stood before King David 70 00:03:19,195 --> 00:03:21,096 the moment before he did battle with Goliath? 71 00:03:21,230 --> 00:03:23,265 It'll take your breath away. 72 00:03:23,366 --> 00:03:24,899 And the food, oh, my God... 73 00:03:25,000 --> 00:03:28,002 To eat food in Tuscany in the fall 74 00:03:28,104 --> 00:03:31,373 is enough to make you believe in God. 75 00:03:31,474 --> 00:03:34,343 - Or at least in poor children. - You're going to Florence? 76 00:03:34,444 --> 00:03:36,829 Not me. We. 77 00:03:36,930 --> 00:03:40,382 We are going to Italy! Flying first class. 78 00:03:40,483 --> 00:03:42,684 Oh, my God, I love charity auctions. 79 00:03:42,785 --> 00:03:46,371 - Extravagant. - Yes, but we deserve it. 80 00:03:46,739 --> 00:03:48,256 The week after next is best, 81 00:03:48,357 --> 00:03:51,226 so clear our calendars and book us some flights. 82 00:03:51,327 --> 00:03:53,945 Leave the rest up to me, OK? 83 00:03:55,215 --> 00:03:58,066 Charlie, we're gonna have so much fun. 84 00:04:07,677 --> 00:04:09,161 [door buzzes] 85 00:04:12,548 --> 00:04:14,650 You're still on lockdown. 86 00:04:14,751 --> 00:04:17,519 CO's told me this comes straight from the DA. 87 00:04:17,620 --> 00:04:20,989 You try to hurt a cop, you pay up front. 88 00:04:21,090 --> 00:04:22,524 And in blood. 89 00:04:22,825 --> 00:04:25,944 Of course, no one wants to go near my blood, 90 00:04:26,045 --> 00:04:26,861 so I get this. 91 00:04:26,963 --> 00:04:29,214 - I'll call the jail... - Don't bother. 92 00:04:29,315 --> 00:04:31,432 Unless you walk me out, I'll be alone in my cell 93 00:04:31,533 --> 00:04:33,001 twenty-three and a-half hours a day 94 00:04:33,102 --> 00:04:36,004 - for the rest of my life. - Come on, brother. 95 00:04:36,105 --> 00:04:38,106 Hang tough just a little while longer. 96 00:04:38,207 --> 00:04:42,293 Why? So I can be the subject line in the DA's press release? 97 00:04:42,395 --> 00:04:46,164 "Spitter gets life for trying to infect cop with HIV." 98 00:04:46,432 --> 00:04:49,635 Honestly, what am I hanging tough for? 99 00:04:49,736 --> 00:04:52,604 - How long you been clean, Greg? - [sighs] 100 00:04:52,706 --> 00:04:54,990 - Sixteen years. - Sixteen years, 101 00:04:55,091 --> 00:04:56,958 because you didn't give up. 102 00:04:57,059 --> 00:04:59,544 We've got a chance. I want you to believe that. 103 00:04:59,645 --> 00:05:02,364 This isn't about fighting the virus, or the junk. 104 00:05:02,465 --> 00:05:05,267 This is about the system, Jerry. 105 00:05:05,368 --> 00:05:07,602 Cops and courts. 106 00:05:07,837 --> 00:05:09,338 This is bigger than my will. 107 00:05:09,439 --> 00:05:13,225 But we got your will and we got my will put together. 108 00:05:13,326 --> 00:05:15,911 Greg, we've got a shot with a motion to dismiss. 109 00:05:16,012 --> 00:05:18,147 If we have to try the case, we try it. 110 00:05:19,282 --> 00:05:21,766 It's your word against the cop's. 111 00:05:21,867 --> 00:05:23,668 The judge is terrible, we got an ADA 112 00:05:23,769 --> 00:05:25,070 who thinks he's Dirty Harry, 113 00:05:25,171 --> 00:05:29,107 but I need you to be the more convincing witness. 114 00:05:29,208 --> 00:05:31,309 [Jerry] OK? 115 00:05:32,445 --> 00:05:36,014 Yeah, OK. 116 00:05:38,350 --> 00:05:40,385 [boy] You know I ain't talkin', right? 117 00:05:40,486 --> 00:05:43,187 Duval, we're your lawyers. If you don't talk to us, 118 00:05:43,289 --> 00:05:44,423 we can't help you. 119 00:05:44,524 --> 00:05:46,091 The police said you confessed. 120 00:05:46,192 --> 00:05:47,625 And they lyin'. All I said was 121 00:05:47,726 --> 00:05:49,812 I showed some people where Freddy lived. 122 00:05:49,913 --> 00:05:51,580 Ain't no confession. 123 00:05:53,766 --> 00:05:57,035 - How old are you, sweetie? - Fourteen. 124 00:05:57,136 --> 00:05:59,471 - About to start high school? - Next year. 125 00:05:59,806 --> 00:06:02,157 - I'll bet your mom's proud. - My mom's dead. 126 00:06:02,258 --> 00:06:06,495 I live with my pops. You ain't gonna call him, are you? 127 00:06:11,584 --> 00:06:13,035 Actually, it's a homicide. 128 00:06:13,136 --> 00:06:17,305 - Murder in the second degree. - Murder? My son? 129 00:06:17,407 --> 00:06:20,575 The police say he helped some older boys 130 00:06:20,676 --> 00:06:22,144 locate the owner of a gas station, 131 00:06:22,245 --> 00:06:24,679 who they robbed and killed. 132 00:06:24,780 --> 00:06:26,281 Freddy. 133 00:06:26,382 --> 00:06:28,884 Duval works for him after school, washing cars. 134 00:06:28,985 --> 00:06:30,786 He didn't kill nobody, right? 135 00:06:30,887 --> 00:06:32,854 No, but if he knew what they were planning, 136 00:06:32,955 --> 00:06:34,723 and he knowingly helped them, 137 00:06:34,824 --> 00:06:38,093 he's technically guilty. It's called "acting in concert." 138 00:06:38,194 --> 00:06:42,881 Man, I tell this boy every day to mind his business. 139 00:06:42,982 --> 00:06:45,300 Still, I catch him acting like he living a thug life. 140 00:06:45,601 --> 00:06:47,736 - He talk back to you? - A little bit. 141 00:06:47,887 --> 00:06:49,271 I think he's covering for the fact 142 00:06:49,372 --> 00:06:51,990 that he's pretty confused and scared. 143 00:06:52,091 --> 00:06:53,758 It's good that you're here. 144 00:06:54,460 --> 00:06:56,178 What am I supposed to do? 145 00:06:56,345 --> 00:06:57,645 According to the complaint, 146 00:06:57,746 --> 00:07:00,014 he's less responsible than the other boys. 147 00:07:00,116 --> 00:07:02,016 It's possible we could get bail. 148 00:07:02,118 --> 00:07:04,086 Is there an amount you could make? 149 00:07:04,187 --> 00:07:05,721 Bail just delays the inevitable. 150 00:07:05,822 --> 00:07:08,223 He's gonna have to pay for what he done. 151 00:07:08,324 --> 00:07:10,091 Mr. Demming, I really don't think 152 00:07:10,192 --> 00:07:11,960 Duval understands what happened. 153 00:07:12,061 --> 00:07:14,262 Well, if he don't, he gonna learn, then. 154 00:07:14,363 --> 00:07:16,631 He's a young man now. This is the real world. 155 00:07:16,732 --> 00:07:20,351 - He's barely 14 years old. - So? 156 00:07:20,553 --> 00:07:23,322 When I was 14, I was the only man in my house. 157 00:07:23,339 --> 00:07:26,825 I told him, I got to be able to trust him. 158 00:07:26,926 --> 00:07:30,078 We both have to work at this. 159 00:07:30,129 --> 00:07:32,380 Eight to four, I haul bags out at JFK. 160 00:07:32,482 --> 00:07:35,183 Every one worth more than I take home a day. 161 00:07:35,284 --> 00:07:37,886 Ten to two, four nights a week, I work security. 162 00:07:37,987 --> 00:07:39,371 I come home, I get my four hours, 163 00:07:39,472 --> 00:07:41,639 and I'm back out there to that airport. 164 00:07:41,740 --> 00:07:43,308 I'm putting food on the table. 165 00:07:43,576 --> 00:07:46,911 I can't be watching over him every minute. 166 00:07:47,012 --> 00:07:49,480 He's got to step up. 167 00:07:52,602 --> 00:07:57,605 Dockets ending 2247, 2248, and 2249. 168 00:07:57,706 --> 00:08:00,442 People of the State of New York, v. Duval Demming, 169 00:08:00,542 --> 00:08:04,613 Shantique Simmons and Franklin Cruz. Charge of murder in the second degree. 170 00:08:04,714 --> 00:08:06,398 [man] Your Honor? 171 00:08:06,499 --> 00:08:08,767 Justin Smolar, 40 Wall Street, for Mr. Simmons. 172 00:08:08,868 --> 00:08:10,485 Paul Orlando for Mr. Cruz. 173 00:08:10,586 --> 00:08:12,537 Roberta Gilardi and Richard Woolsley, 174 00:08:12,639 --> 00:08:15,991 Public Defender for Mr. Demming. Waive readings, not rights. 175 00:08:16,092 --> 00:08:17,676 This is a homicide case, Your Honor. 176 00:08:17,777 --> 00:08:19,344 These three defendants acted in concert 177 00:08:19,445 --> 00:08:22,380 to rob and kill the owner of a local gas station. 178 00:08:22,482 --> 00:08:25,300 Based on the People's investigation, we believe 179 00:08:25,401 --> 00:08:27,001 Mr. Simmons was the trigger man, 180 00:08:27,102 --> 00:08:29,554 Mr. Cruz bound the decedent with duct tape, 181 00:08:29,655 --> 00:08:31,589 while Mr. Demming acted as a lookout. 182 00:08:31,824 --> 00:08:34,142 People request remand as to all defendants. 183 00:08:34,243 --> 00:08:36,962 My client denies these charges, Your Honor, 184 00:08:37,063 --> 00:08:38,396 but given the nature of the case, 185 00:08:38,498 --> 00:08:40,665 we will reserve a bail application 186 00:08:40,766 --> 00:08:41,949 until Supreme Court. 187 00:08:42,051 --> 00:08:44,452 Judge, I'm going to ask for a more reasonable bail. 188 00:08:44,554 --> 00:08:48,089 My client is 18 years old, has only one prior misdemeanor. 189 00:08:48,191 --> 00:08:49,757 Ms. Gilardi? 190 00:08:49,858 --> 00:08:52,160 Just look at my client, Your Honor. 191 00:08:52,261 --> 00:08:55,347 Duval Demming carries a B-average at Watson Junior High. 192 00:08:55,448 --> 00:08:56,782 He's an after-school helper, 193 00:08:56,883 --> 00:08:58,817 and washes cars for spending money. 194 00:08:58,918 --> 00:09:00,885 He wasn't acting in concert with anyone, 195 00:09:00,954 --> 00:09:03,271 and he wasn't a lookout during a homicide. 196 00:09:03,372 --> 00:09:06,992 His father, a baggage-handler at JFK, is here in the audience. 197 00:09:07,093 --> 00:09:09,694 I'm asking you to release him to his dad's custody. 198 00:09:09,795 --> 00:09:12,714 This child hasn't had so much as a jaywalking summons. 199 00:09:12,815 --> 00:09:15,350 We have a witness that places him outside the apartment 200 00:09:15,534 --> 00:09:17,169 where the decedent was killed. 201 00:09:17,270 --> 00:09:18,971 And he made a statement, Your Honor. 202 00:09:19,072 --> 00:09:21,122 "I just told them where he lived." 203 00:09:21,223 --> 00:09:23,741 "Them" refers to the defendants, "he" to the decedent. 204 00:09:23,977 --> 00:09:26,027 And where was his parent or guardian 205 00:09:26,028 --> 00:09:27,712 during the supposed confession? 206 00:09:28,047 --> 00:09:30,432 That's enough. We are not litigating 207 00:09:30,533 --> 00:09:32,868 the admissibility of the confession here. 208 00:09:32,969 --> 00:09:36,121 Mr. Simmons is remanded. Mr. Cruz is remanded. 209 00:09:36,222 --> 00:09:39,324 I'm setting bail for Mr. Demming at $100,000 bond, 210 00:09:39,425 --> 00:09:41,226 over $10,000 cash. 211 00:09:41,327 --> 00:09:43,928 - [man] Officers, take charge. - [Ventimiglia] Let's go. 212 00:09:44,230 --> 00:09:46,848 Did you look at his face? The kid's not even shaving yet. 213 00:09:46,949 --> 00:09:48,983 Birthdays rule, Richie, not puberty. 214 00:09:49,084 --> 00:09:51,486 If I decided where to prosecute based on maturity, 215 00:09:51,587 --> 00:09:54,089 I'd be sending 60-year-old guys to family court. 216 00:09:54,190 --> 00:09:56,874 Most crooks are immature. That's why they commit crime. 217 00:09:56,975 --> 00:09:59,360 Just because the law lets you treat him like an adult 218 00:09:59,461 --> 00:10:00,929 doesn't mean you have to. 219 00:10:01,030 --> 00:10:02,480 Even pit bulls are cute as puppies. 220 00:10:02,582 --> 00:10:05,016 And your guy admitted to the crime. 221 00:10:05,117 --> 00:10:06,918 Why send him to family court? 222 00:10:07,019 --> 00:10:08,486 He didn't admit to the crime. 223 00:10:08,587 --> 00:10:11,189 Tell me I don't have to explain " acting in concert." 224 00:10:11,290 --> 00:10:13,558 I know the law, Marcus. Don't be a hump here. 225 00:10:13,659 --> 00:10:14,876 A hump? 226 00:10:14,977 --> 00:10:16,861 Legal and moral culpability are different. 227 00:10:16,929 --> 00:10:19,764 So, you're saying the kid is guilty. 228 00:10:19,865 --> 00:10:21,299 But the morality of helping thugs 229 00:10:21,350 --> 00:10:24,585 rob and kill the hard-working guy who gave him a job, 230 00:10:24,687 --> 00:10:26,521 means I should cut the kid a break? 231 00:10:26,622 --> 00:10:29,840 I'm saying you shouldn't treat a gun-toting 19-year-old thug 232 00:10:29,942 --> 00:10:32,110 with a felony record the same as a 14-year-old who got 233 00:10:32,211 --> 00:10:34,513 - hoodwinked into helping. - I'm not. 234 00:10:34,614 --> 00:10:37,348 We ID'd Shantique Simmons on two other robberies. 235 00:10:37,366 --> 00:10:39,117 He and the other kid will get life. 236 00:10:39,218 --> 00:10:41,886 Your kid, if he decides to help me prosecute the big boys, 237 00:10:41,987 --> 00:10:43,872 gets man-one and three to nine. 238 00:10:43,973 --> 00:10:46,258 Five years probation and youthful offender's status. 239 00:10:46,359 --> 00:10:47,926 Keep dreaming. 240 00:10:48,027 --> 00:10:50,395 Sending him to prison will ruin his life, Marcus. 241 00:10:50,629 --> 00:10:52,948 We're talking about a kid with good grades, 242 00:10:53,049 --> 00:10:55,150 an after-school job, a father who's so rigid 243 00:10:55,251 --> 00:10:57,085 he won't put up his own son's bail. 244 00:10:57,186 --> 00:10:58,770 Probably knows his kid did this, 245 00:10:58,871 --> 00:11:00,772 or he understands what you don't. 246 00:11:00,873 --> 00:11:02,907 What? How to turn your back on your own son? 247 00:11:03,142 --> 00:11:06,361 You spend your lives making excuses for people. 248 00:11:06,462 --> 00:11:09,197 Do that enough, they never learn to own their own actions. 249 00:11:09,298 --> 00:11:10,581 Making him pay... 250 00:11:10,682 --> 00:11:14,219 ...best thing I could do for the kid. 251 00:11:14,320 --> 00:11:17,955 - The offer stands. - We'll show ourselves out. 252 00:11:24,279 --> 00:11:25,447 [sighs] 253 00:11:25,548 --> 00:11:27,215 You're jumping the gun. 254 00:11:27,316 --> 00:11:29,384 Man-one, and three to nine for a little boy? 255 00:11:29,485 --> 00:11:32,037 I don't like it, but if that's how it's gonna go down, 256 00:11:32,138 --> 00:11:33,788 we don't do him favors by waiting. 257 00:11:33,890 --> 00:11:35,624 Gotta mold expectations early. 258 00:11:35,725 --> 00:11:38,827 Not this early. He's a child. We have a good grand jury case. 259 00:11:38,928 --> 00:11:40,495 Maybe, but if we blow that... 260 00:11:40,596 --> 00:11:42,664 You're already talking about blowing it? 261 00:11:42,765 --> 00:11:45,216 Have either of you done a juvie murder before? 262 00:11:46,468 --> 00:11:47,702 No. 263 00:11:47,803 --> 00:11:49,053 Time is not our friend. 264 00:11:49,321 --> 00:11:50,605 Especially with a 14-year-old. 265 00:11:50,940 --> 00:11:54,442 Might be a sweet boy today, but chances are, by the trial, 266 00:11:54,543 --> 00:11:56,677 he's gotten bigger, his voice has changed, 267 00:11:56,779 --> 00:11:58,296 he's spent a year in jail. 268 00:11:58,397 --> 00:12:00,165 He starts looking like the menacing thug 269 00:12:00,266 --> 00:12:01,899 a jury likes to convict of murder. 270 00:12:02,000 --> 00:12:03,335 What's the call? 271 00:12:03,436 --> 00:12:05,503 Keep pushing for the Y-O, and talk to him 272 00:12:05,604 --> 00:12:08,156 about talking to them. 273 00:12:12,261 --> 00:12:15,480 From the back, number 26 on the calendar, People v. Greg Busse, 274 00:12:15,581 --> 00:12:18,016 charged attempted murder one. 275 00:12:18,117 --> 00:12:20,051 [Kessler] OK, this matter is on for argument 276 00:12:20,152 --> 00:12:22,603 on counsel's motion to dismiss. 277 00:12:22,704 --> 00:12:24,806 I've reviewed the submissions of counsel, 278 00:12:24,923 --> 00:12:26,407 and I'm ready to hear you. 279 00:12:26,508 --> 00:12:28,577 [Kessler] Mr. Kellerman. 280 00:12:31,564 --> 00:12:34,616 I thought of Mr. Radley last night, 281 00:12:34,717 --> 00:12:39,487 and I wished he was dead. I wished it so hard, my head hurt. 282 00:12:39,588 --> 00:12:43,208 And while I was hoping and wishing, 283 00:12:43,309 --> 00:12:44,942 I pulled the arm off a little doll 284 00:12:45,043 --> 00:12:48,379 that looked just like him. Am I a criminal? 285 00:12:48,380 --> 00:12:50,465 Under the theory of this prosecution, 286 00:12:50,566 --> 00:12:52,634 I committed an attempted murder. 287 00:12:52,735 --> 00:12:55,687 My anger and belief in voodoo made me guilty 288 00:12:55,788 --> 00:12:59,307 of exactly the same crime you've charged Mr. Busse with. 289 00:12:59,408 --> 00:13:04,429 Fact: you can't get HIV from spitting. Cannot. 290 00:13:04,597 --> 00:13:08,183 Ever. And it is precisely because of that impossibility 291 00:13:08,184 --> 00:13:12,170 that the charges against Mr. Busse must be dismissed. 292 00:13:12,404 --> 00:13:15,624 - Mr. Radley. - [clears throat] 293 00:13:15,724 --> 00:13:18,109 Maybe, instead of dreaming of me, 294 00:13:18,210 --> 00:13:20,695 Mr. Kellerman should have spent last night 295 00:13:20,796 --> 00:13:22,463 dreaming up a better argument. 296 00:13:22,564 --> 00:13:25,534 No one has ever proven that you can't get HIV from spitting, 297 00:13:25,635 --> 00:13:27,418 only that it hasn't happened yet. 298 00:13:27,519 --> 00:13:31,622 What we do know is that the HIV virus has been found in saliva. 299 00:13:31,723 --> 00:13:33,591 So, is it really appropriate 300 00:13:33,692 --> 00:13:36,677 to impose that risk on an honest New York City cop? 301 00:13:36,879 --> 00:13:39,147 What if Mr. Busse bit his lip before spitting? 302 00:13:39,248 --> 00:13:41,816 What if there was some blood in that saliva? 303 00:13:41,917 --> 00:13:43,701 These are all jury questions. 304 00:13:43,802 --> 00:13:46,620 Quite simply, Mr. Kellerman loses on the facts 305 00:13:46,722 --> 00:13:47,972 and he loses on the law. 306 00:13:48,073 --> 00:13:50,158 [Radley] Earlier this year, in Dallas, 307 00:13:50,259 --> 00:13:51,659 a man named Willie Campbell 308 00:13:51,760 --> 00:13:54,462 got 35 years for almost identical behavior. 309 00:13:54,563 --> 00:13:58,316 Impossibility isn't a defense here. 310 00:13:58,317 --> 00:14:01,336 No. It's a red herring. 311 00:14:02,471 --> 00:14:04,422 I'll take this under advisement. 312 00:14:04,523 --> 00:14:07,425 [Kessler] That's it. We're at recess until 2:00pm. 313 00:14:07,526 --> 00:14:09,260 [groans] 314 00:14:16,686 --> 00:14:18,970 Recalling number 26 on the calendar, 315 00:14:19,071 --> 00:14:20,972 People v. Gregory Busse. 316 00:14:31,317 --> 00:14:33,851 Having carefully reviewed the record before me, 317 00:14:33,952 --> 00:14:36,337 I find the defense has established 318 00:14:36,439 --> 00:14:39,090 that despite a certain quantity 319 00:14:39,191 --> 00:14:42,993 of the HIV virus in an infected person's saliva, 320 00:14:43,094 --> 00:14:45,930 you simply cannot get AIDS from spitting. 321 00:14:46,031 --> 00:14:50,335 That being said, your motion is denied. 322 00:14:50,436 --> 00:14:51,952 Denied? 323 00:14:52,053 --> 00:14:54,455 The fact is, the question of impossibility 324 00:14:54,556 --> 00:14:56,474 is not dispositive here. 325 00:14:56,575 --> 00:14:58,042 The real issue, 326 00:14:58,143 --> 00:15:04,132 as the First Circuit put it in US v Dixon, 449 F.3d at 194, 327 00:15:04,233 --> 00:15:07,569 "turns on the subjective intent of the defendant, 328 00:15:07,670 --> 00:15:10,555 without regard to factual impossibility." 329 00:15:10,756 --> 00:15:13,074 A man who pulls the trigger on a gun 330 00:15:13,175 --> 00:15:15,226 he wrongly thinks is operable 331 00:15:15,327 --> 00:15:17,362 is guilty of attempted murder. 332 00:15:17,463 --> 00:15:20,248 A fool who tries to burn down a house by lighting 333 00:15:20,349 --> 00:15:23,785 water that he thinks is gasoline is guilty of attempted arson. 334 00:15:23,952 --> 00:15:26,437 According to your argument, Mr. Kellerman, 335 00:15:26,622 --> 00:15:28,939 Mr. Radley should be looking to have you arrested 336 00:15:29,040 --> 00:15:32,193 for attempted murder by voodoo. 337 00:15:32,294 --> 00:15:35,630 [Kessler] This case proceeds tomorrow as scheduled. 338 00:15:35,731 --> 00:15:37,132 That's all. 339 00:15:54,383 --> 00:15:56,717 - How you doing, Duval? - All right. 340 00:15:56,818 --> 00:15:58,737 [Bobbi] What happened to your shoes? 341 00:15:58,838 --> 00:16:00,404 Got took. 342 00:16:02,425 --> 00:16:04,542 Did y'all talk to my dad? 343 00:16:04,643 --> 00:16:08,279 - Yes. - Is he gonna bail me out? 344 00:16:08,380 --> 00:16:12,800 Not right now. The bail is a lot of money. 345 00:16:12,901 --> 00:16:15,035 Right now, we have to talk about the case, 346 00:16:15,136 --> 00:16:16,337 and make some decisions 347 00:16:16,639 --> 00:16:19,090 about what we're gonna do, so we can get you out. 348 00:16:19,191 --> 00:16:20,892 - OK? - OK. 349 00:16:20,993 --> 00:16:23,027 You're charged with murder two. 350 00:16:23,161 --> 00:16:26,447 What that means is if we went to trial and lost, 351 00:16:26,581 --> 00:16:29,099 you could get up to nine years to life. 352 00:16:29,200 --> 00:16:30,902 Nine years? 353 00:16:31,003 --> 00:16:33,521 That's before you can see the parole board, 354 00:16:33,622 --> 00:16:37,358 but they can hold on to you pretty much forever. 355 00:16:37,726 --> 00:16:38,909 That's the life part. 356 00:16:39,010 --> 00:16:41,395 We're not saying that's gonna happen. 357 00:16:41,496 --> 00:16:44,399 Right. The DA has agreed to reduce the charges 358 00:16:44,500 --> 00:16:46,368 and give you three to nine. 359 00:16:46,469 --> 00:16:49,954 That means you could be out by the time you're 18. 360 00:16:51,557 --> 00:16:53,240 But you have to cooperate with the DA. 361 00:16:53,542 --> 00:16:55,259 How do I gotta cooperate? 362 00:16:55,360 --> 00:16:57,078 You have to tell them everything. 363 00:16:57,179 --> 00:17:00,030 But I didn't know they were gonna kill Freddy. 364 00:17:00,131 --> 00:17:02,133 Shantique and them came up and asked me 365 00:17:02,251 --> 00:17:03,367 if I knew where Freddy lived. 366 00:17:03,469 --> 00:17:05,703 I say, "Yeah." So Shantique says, 367 00:17:06,004 --> 00:17:08,756 "Take us there. " They weren't mad or nothing. 368 00:17:08,857 --> 00:17:12,743 How was I gonna say no? I didn't know what they was planning. 369 00:17:12,844 --> 00:17:15,145 I didn't see the gun until we got there. 370 00:17:15,246 --> 00:17:18,949 - Where was the gun? - In Shantique's pants. 371 00:17:21,636 --> 00:17:24,022 I gotta talk to my dad. 372 00:17:24,123 --> 00:17:28,425 Is he here? Can you get him? 373 00:17:34,049 --> 00:17:37,084 - Excuse me. - We're on trial. 374 00:17:37,185 --> 00:17:39,269 Why would I take the elevator three extra floors 375 00:17:39,371 --> 00:17:41,105 when I get work done here? 376 00:17:41,206 --> 00:17:43,991 You should be on the horn lining up our witnesses. 377 00:17:53,219 --> 00:17:56,020 - I can't do it anymore. - Oh, come on in. 378 00:17:56,121 --> 00:17:58,756 Radley is impossible. 379 00:17:58,857 --> 00:18:01,359 Can't major crimes assign a second chair? 380 00:18:01,460 --> 00:18:02,259 A little late for that. 381 00:18:02,444 --> 00:18:04,578 You gotta learn to play nice with others. 382 00:18:04,679 --> 00:18:07,332 - It's part of the job. - All I've done is play nice. 383 00:18:07,399 --> 00:18:08,616 But he's all over me 384 00:18:08,717 --> 00:18:10,551 because I'm friends with Jerry Kellerman. 385 00:18:10,652 --> 00:18:12,470 Can't blame him for that. 386 00:18:12,571 --> 00:18:15,723 Look, if you want to give me grief, fine. 387 00:18:15,824 --> 00:18:17,191 Radley doesn't involve me. 388 00:18:17,292 --> 00:18:19,527 He's got me running around making copies. 389 00:18:19,628 --> 00:18:22,062 And he's a total tool on top of it. 390 00:18:22,164 --> 00:18:24,732 I went to law school, Nick. I have better things to do. 391 00:18:24,866 --> 00:18:27,735 - When's the trial start? - Starts tomorrow. 392 00:18:27,836 --> 00:18:30,487 Tough it out. It's not forever. 393 00:18:41,349 --> 00:18:43,568 - [chatter] - [phones ringing] 394 00:18:46,037 --> 00:18:48,972 Radley. A word? 395 00:18:50,642 --> 00:18:52,860 Big chair must be making you lazy, Nick. 396 00:18:52,961 --> 00:18:54,679 'Cause if you got out of the office, 397 00:18:54,779 --> 00:18:57,414 you'd realize I don't have time for a chat right now. 398 00:18:57,515 --> 00:18:59,416 How's things going with Ernhardt? 399 00:18:59,517 --> 00:19:01,452 They're going. I mean, 400 00:19:01,553 --> 00:19:04,155 I don't know what you're teaching kids down here. 401 00:19:04,256 --> 00:19:05,957 I'd be better off with a secretary, 402 00:19:06,058 --> 00:19:07,725 but as long as she keeps her mouth shut 403 00:19:07,826 --> 00:19:10,261 and does what I tell her, we got no problem. 404 00:19:10,362 --> 00:19:11,929 Listen to me. 405 00:19:12,030 --> 00:19:13,814 Ernhardt's a good prosecutor. 406 00:19:13,915 --> 00:19:18,218 Making her your gofer's wasting her time, which means my time. 407 00:19:18,319 --> 00:19:20,054 Then we do have a problem. 408 00:19:20,939 --> 00:19:23,974 Nice. Fight for her honor. 409 00:19:24,075 --> 00:19:26,961 Still not gonna get your knob polished. 410 00:19:27,062 --> 00:19:29,713 Jerry Kellerman kicked your ass. 411 00:19:34,620 --> 00:19:38,456 Go back to your office. We'll send your stuff. 412 00:19:39,708 --> 00:19:41,292 [elevator dings] 413 00:19:42,444 --> 00:19:44,161 You need to re-think your offer. 414 00:19:44,262 --> 00:19:45,379 Nope. 415 00:19:45,480 --> 00:19:48,983 - Listen, Marcus... - Hey, I said no. 416 00:19:52,721 --> 00:19:56,758 Jeez, they never met a kid who didn't deserve a break. 417 00:19:56,859 --> 00:19:59,293 You ever met one that did? 418 00:20:00,029 --> 00:20:02,113 You saying something? 419 00:20:02,213 --> 00:20:05,950 Yeah. I think you were a little too harsh on that kid. 420 00:20:06,051 --> 00:20:08,452 Come on. He knew they were gonna rob the guy. 421 00:20:08,553 --> 00:20:10,855 I've got a totally viable case. 422 00:20:10,956 --> 00:20:13,707 It's not the first time. 423 00:20:13,808 --> 00:20:16,126 You have this internal guidance system. 424 00:20:16,462 --> 00:20:17,811 It's what makes you so good. 425 00:20:18,080 --> 00:20:20,748 Keeps you right in the middle of the road. 426 00:20:20,849 --> 00:20:23,384 - Except here. - Here? 427 00:20:23,485 --> 00:20:28,556 - What is it with you and kids? - You mean black kids? 428 00:20:29,375 --> 00:20:30,858 Yeah. 429 00:20:33,862 --> 00:20:36,113 You know, it's less than four miles 430 00:20:36,264 --> 00:20:38,799 from 128th Street to Lincoln Center. 431 00:20:38,900 --> 00:20:42,286 Know how many of the kids I grew up with ever went there? 432 00:20:42,388 --> 00:20:45,523 Two. Daniel Cook and me. 433 00:20:45,624 --> 00:20:47,875 And that's got nothing to do with poverty. 434 00:20:48,377 --> 00:20:50,428 It's about world view. 435 00:20:50,529 --> 00:20:52,746 Seeing outside the walls of your project. 436 00:20:52,847 --> 00:20:58,435 Past the squabbles on the block, about raising your game. 437 00:20:58,537 --> 00:21:04,008 That kid, he had a chance. He didn't have to do this. 438 00:21:04,109 --> 00:21:06,844 Everyone slips sometimes, Marcus. 439 00:21:06,945 --> 00:21:10,748 My mother, she kicked the crap out of me. 440 00:21:10,749 --> 00:21:13,100 And I didn't even have to step over the line. 441 00:21:13,201 --> 00:21:17,454 She'd see me thinking about it, and my ass was whupped. 442 00:21:17,556 --> 00:21:21,492 Punishment works. I'm living proof. 443 00:21:21,593 --> 00:21:24,178 A good kid that had a moment of weakness 444 00:21:24,279 --> 00:21:27,448 isn't necessarily a total loss. 445 00:21:42,630 --> 00:21:44,749 - Going late? - Is all night late? 446 00:21:44,850 --> 00:21:47,802 I've got a week's worth of motions. 447 00:21:48,436 --> 00:21:50,220 Split a pizza? 448 00:21:50,321 --> 00:21:52,823 - Sausage and onion? - Done. 449 00:21:55,561 --> 00:21:57,895 - [Jerry] Yeah, delivery. - Or... 450 00:21:58,163 --> 00:22:00,664 Hold on a second. Or? 451 00:22:02,067 --> 00:22:03,901 We could grab some real dinner. 452 00:22:04,269 --> 00:22:07,088 - Real dinner? - La Fornada? 453 00:22:07,189 --> 00:22:09,123 Would that be weird? 454 00:22:09,224 --> 00:22:11,292 Nothing weird about La Fornada. 455 00:22:11,393 --> 00:22:14,261 Little pasta, glass of wine, come back psyched about justice? 456 00:22:14,529 --> 00:22:17,881 Psyched about justice. I'm into it. 457 00:22:20,969 --> 00:22:25,289 [Jerry] Gomez will yell until his face is blue about motions. 458 00:22:25,390 --> 00:22:27,391 Literally, his face turns blue-ish. 459 00:22:27,492 --> 00:22:31,763 He's like, "You're one day away from preclusion, Mr. Kellerman." 460 00:22:31,864 --> 00:22:35,232 But he'll never really sanction you, so don't worry about it. 461 00:22:35,333 --> 00:22:38,335 At least he never really sanctioned me. 462 00:22:41,756 --> 00:22:44,408 - Wine's not working. - Your hand still hurts? 463 00:22:44,509 --> 00:22:46,827 Pretty sure Radley's head is made of concrete. 464 00:22:48,313 --> 00:22:50,014 You didn't have to protect me. 465 00:22:50,115 --> 00:22:53,250 I was protecting Radley until he took a swing at me. 466 00:22:53,351 --> 00:22:54,952 Never seen you mad like that. 467 00:22:55,053 --> 00:22:59,473 Well, the funny thing is, I was protecting you. 468 00:22:59,574 --> 00:23:01,992 He never said anything about my ass. 469 00:23:02,093 --> 00:23:03,995 No, I was tweaked way before that. 470 00:23:04,096 --> 00:23:05,730 The way he was mouthing off to you, 471 00:23:05,831 --> 00:23:08,766 I was like, dude, don't talk to my friend like that. 472 00:23:08,867 --> 00:23:11,869 Now I'm your friend. I'm honored. 473 00:23:14,606 --> 00:23:17,741 You've been a really great friend, actually. 474 00:23:18,911 --> 00:23:21,946 - Nah. - I'm serious. 475 00:23:24,415 --> 00:23:27,501 So, Gavin's done with rehab soon? 476 00:23:27,602 --> 00:23:30,387 Yeah. He comes back the day after tomorrow. 477 00:23:30,488 --> 00:23:34,257 - You ready? - I guess. I don't know. 478 00:23:34,493 --> 00:23:37,228 I thought I was gonna have a hard time when he went away, 479 00:23:37,329 --> 00:23:39,113 and now Gavin's coming back. 480 00:23:39,447 --> 00:23:42,650 And I'm realizing I was lonelier when he was around 481 00:23:42,751 --> 00:23:44,217 than I am now. 482 00:23:44,319 --> 00:23:48,906 I mean, Gavin's vulnerable and I don't want to hurt him. 483 00:23:49,007 --> 00:23:53,077 But I just don't think I'm ready to go back to that. 484 00:23:55,814 --> 00:24:00,984 Wow, that was a mouthful. Should we get the check? 485 00:24:01,586 --> 00:24:04,872 Yeah, probably should get back. 486 00:24:07,458 --> 00:24:08,976 Or... 487 00:24:16,418 --> 00:24:18,152 Or not. 488 00:24:25,476 --> 00:24:28,662 Thank you, Jerry. 489 00:24:29,230 --> 00:24:32,416 I think I'm gonna go home. 490 00:24:38,690 --> 00:24:40,707 [man] So I see the defendant drinking a beer. 491 00:24:40,808 --> 00:24:42,076 He was drunk. 492 00:24:42,177 --> 00:24:43,978 Bloodshot eyes, reeked of alcohol. 493 00:24:44,079 --> 00:24:45,546 [Brandon] So what did you do? 494 00:24:45,647 --> 00:24:48,115 [man] I approached him, told him to show me the bag. 495 00:24:48,249 --> 00:24:50,400 - Did he do that? - No. 496 00:24:50,501 --> 00:24:52,236 He told me to... 497 00:24:52,337 --> 00:24:56,623 He used an expletive and suggested I go do it to myself. 498 00:24:56,724 --> 00:24:58,926 [Brandon] How did you react to that, officer? 499 00:24:59,027 --> 00:25:00,511 You know, like they teach us. 500 00:25:00,612 --> 00:25:02,496 Courtesy, professionalism, respect. 501 00:25:02,597 --> 00:25:03,880 I explained that I believed 502 00:25:04,116 --> 00:25:05,833 he was in possession of an open container, 503 00:25:05,934 --> 00:25:08,202 and if it was alcohol, I'd be issuing a summons. 504 00:25:08,303 --> 00:25:11,054 - Did you do that? - Yeah, after I confirmed 505 00:25:11,356 --> 00:25:12,840 that what he was drinking was beer. 506 00:25:12,941 --> 00:25:14,508 How'd you do that? 507 00:25:14,609 --> 00:25:17,094 I took the bag from him and took a look. 508 00:25:20,916 --> 00:25:24,584 - Is this what you saw? - Yes, sir. Bottle of beer. 509 00:25:24,685 --> 00:25:27,788 And what did Mr. Busse do when you issued him the summons? 510 00:25:27,889 --> 00:25:31,275 He took it, looked at it, looked at me and tore it up. 511 00:25:31,376 --> 00:25:33,710 - And then? - Then I told him I was sorry, 512 00:25:33,811 --> 00:25:35,162 but I was gonna arrest him. 513 00:25:35,263 --> 00:25:37,364 I asked him to place his hands behind his back. 514 00:25:37,632 --> 00:25:40,000 - And did he do that? - No. 515 00:25:40,101 --> 00:25:43,003 - He swung on me. - On a uniformed police officer? 516 00:25:43,104 --> 00:25:46,640 Yeah, he was intoxicated and belligerent. 517 00:25:46,741 --> 00:25:48,142 So, what did you do? 518 00:25:48,243 --> 00:25:51,211 I grabbed him, took him to the floor, and began to cuff him. 519 00:25:51,312 --> 00:25:53,980 That's when he started yelling and flailing 520 00:25:54,082 --> 00:25:56,917 and screaming about how he had AIDS and he was gonna kill me. 521 00:25:57,018 --> 00:26:00,588 Did you eventually subdue the defendant, officer? 522 00:26:00,689 --> 00:26:03,640 Yeah, but when I pulled him to his feet, he spit in my face. 523 00:26:03,741 --> 00:26:07,795 Told me, "I got AIDS, I hope you die." 524 00:26:12,451 --> 00:26:14,734 And have you been tested for AIDS? 525 00:26:14,835 --> 00:26:16,354 I get tested every six months, 526 00:26:16,455 --> 00:26:18,522 but I live with the fear every day. 527 00:26:18,623 --> 00:26:21,075 [man] My wife's worried, too. 528 00:26:21,176 --> 00:26:22,542 Not knowing is eating her up. 529 00:26:22,677 --> 00:26:28,532 - I'm negative now, but... - No further questions. 530 00:26:28,633 --> 00:26:30,600 Mr. Kellerman. 531 00:26:35,657 --> 00:26:38,025 Hm. 532 00:26:38,126 --> 00:26:41,528 You had to arrest him. That's your testimony? 533 00:26:41,629 --> 00:26:43,347 He tore up the summons. 534 00:26:43,448 --> 00:26:45,582 Actually, you said he looked at it then tore it up. 535 00:26:45,683 --> 00:26:48,152 Yeah. - That summons had the court date 536 00:26:48,253 --> 00:26:49,970 - written on it, didn't it? - Right. 537 00:26:50,071 --> 00:26:51,755 The summons is really just a notice 538 00:26:51,756 --> 00:26:54,191 - to show up to court. Right? - Yeah. 539 00:26:54,292 --> 00:26:55,843 So, if you walked away from Mr. Busse, 540 00:26:55,944 --> 00:26:58,729 and if he decided not to go to court, 541 00:26:58,830 --> 00:27:01,816 there's a process in place to deal with that. 542 00:27:01,917 --> 00:27:04,818 - Still... - That's the process. 543 00:27:04,919 --> 00:27:06,437 - Yeah. - There's no law 544 00:27:06,538 --> 00:27:08,489 against ripping up a summons, is there? 545 00:27:08,590 --> 00:27:10,173 No. 546 00:27:13,244 --> 00:27:15,195 Ever have the contents of the beer analyzed 547 00:27:15,296 --> 00:27:17,030 to see if there was alcohol? 548 00:27:18,116 --> 00:27:19,216 No. 549 00:27:19,551 --> 00:27:22,837 - You fingerprint the bottle? - No. 550 00:27:22,838 --> 00:27:24,772 Did anyone, maybe another officer, 551 00:27:25,123 --> 00:27:28,825 - see you examine the bottle? - No. 552 00:27:29,043 --> 00:27:32,246 So, other than your word, you have nothing to prove 553 00:27:32,314 --> 00:27:36,817 this was his bottle, or that whatever was in it was alcohol? 554 00:27:36,918 --> 00:27:39,153 - It was beer. - That's what you say. 555 00:27:39,254 --> 00:27:40,838 I got the evidence right there. 556 00:27:40,939 --> 00:27:42,205 No. All you got is a bag and a bottle, 557 00:27:42,307 --> 00:27:43,874 and nothing to show that you didn't 558 00:27:43,975 --> 00:27:45,792 just fish it out of the trash. 559 00:27:48,646 --> 00:27:50,013 Nothing further. 560 00:27:54,185 --> 00:27:56,720 - Richard Woolsley. - New offer on Demming. 561 00:27:56,821 --> 00:27:59,873 Y-O. One to three, and full cooperation. 562 00:27:59,974 --> 00:28:02,426 - Y-O and one to three? - And full cooperation. 563 00:28:02,527 --> 00:28:04,311 That means allocution, Richie. 564 00:28:04,412 --> 00:28:06,313 And I use your kid in grand jury. 565 00:28:06,415 --> 00:28:08,916 No guarantee Duval will want to flip on these kids. 566 00:28:09,017 --> 00:28:10,634 Make him take it, Richie. 567 00:28:10,735 --> 00:28:13,704 I'll see him in the morning and let you know by noon. 568 00:28:13,805 --> 00:28:16,239 - OK. - Hey, Marcus. 569 00:28:17,225 --> 00:28:19,909 - Thanks. - You got it. 570 00:28:26,051 --> 00:28:28,418 [Jerry] Greg, on the day you were arrested, 571 00:28:28,520 --> 00:28:31,588 - were you drinking alcohol? - No. 572 00:28:31,689 --> 00:28:34,291 - Are you sure? - Absolutely. 573 00:28:34,392 --> 00:28:36,627 I take Rifabutin, and unless you have a death wish, 574 00:28:36,728 --> 00:28:38,729 you don't drink. 575 00:28:38,830 --> 00:28:41,565 And believe me, I don't want to die. 576 00:28:41,666 --> 00:28:44,635 - What was in the bag? - A yogurt drink. 577 00:28:44,736 --> 00:28:47,237 It's supposed to strengthen my immune system. 578 00:28:47,338 --> 00:28:49,323 Did you ever have a beer that day? 579 00:28:49,424 --> 00:28:52,293 - No. - The bottle in the bag, 580 00:28:52,394 --> 00:28:55,012 was that ever in your possession? - No, sir. 581 00:28:55,113 --> 00:28:57,114 Are your fingerprints on that bottle? 582 00:28:57,215 --> 00:28:59,266 No way. 583 00:28:59,367 --> 00:29:01,885 So when Officer Sherman told you to open the bag, 584 00:29:01,986 --> 00:29:03,020 what did you do? 585 00:29:03,121 --> 00:29:06,823 - I asked him why. - Did he explain? 586 00:29:06,924 --> 00:29:09,109 No. He just got up in my face and was like, 587 00:29:09,210 --> 00:29:10,410 "Because I said so." 588 00:29:10,511 --> 00:29:12,746 And asking me "Do I want to be a tough guy?" 589 00:29:12,847 --> 00:29:15,366 And did you want to be a tough guy? 590 00:29:15,467 --> 00:29:18,552 No. I wanted to know 591 00:29:18,653 --> 00:29:20,688 whether he had probable cause to search me 592 00:29:20,789 --> 00:29:22,389 and to look in the bag. 593 00:29:22,490 --> 00:29:24,792 That sounds a little lawyerly. 594 00:29:24,893 --> 00:29:27,544 Look, I'm a black man with HIV. 595 00:29:27,645 --> 00:29:30,197 I've spent half my life as an activist, 596 00:29:30,265 --> 00:29:33,300 and twice that long being hassled by cops. 597 00:29:33,401 --> 00:29:39,406 I just want them to play by the rules. 598 00:29:43,027 --> 00:29:46,330 What did Officer Sherman do? 599 00:29:46,380 --> 00:29:50,433 He told me that if I didn't open the bag, 600 00:29:50,534 --> 00:29:51,534 he would arrest me. 601 00:29:51,635 --> 00:29:53,721 And I told him... 602 00:29:53,822 --> 00:29:57,408 What he said on the stand, that's what I said. 603 00:29:57,509 --> 00:30:01,060 So, did Officer Sherman seem receptive to that suggestion? 604 00:30:01,161 --> 00:30:04,197 No. He grabbed me, and threw me to the ground. 605 00:30:04,298 --> 00:30:06,266 That's when all hell broke loose. 606 00:30:06,367 --> 00:30:09,285 He was grunting and shouting, " Get the f down." 607 00:30:09,386 --> 00:30:13,757 And he had his knee in my back, and I'm yelling, 608 00:30:13,858 --> 00:30:16,626 "Please, I'm frail, I'm on meds, I've got HIV. 609 00:30:16,727 --> 00:30:18,228 You're hurting me. Please stop." 610 00:30:18,328 --> 00:30:21,331 And he's just shoving my face in the dirt. 611 00:30:21,432 --> 00:30:23,950 - Did you get away from him? - No. 612 00:30:24,051 --> 00:30:28,505 He cuffed me, and then he kicked me in the ribs, 613 00:30:28,606 --> 00:30:31,257 while I was lying there, trussed. 614 00:30:31,358 --> 00:30:34,694 "That's for the smart m outh," is what he said. 615 00:30:34,795 --> 00:30:37,163 Did you spit at Officer Sherman? 616 00:30:38,365 --> 00:30:41,801 When he hauled me to my feet, I spit, yeah. 617 00:30:43,053 --> 00:30:47,306 My mouth was all dirty, my hands were cuffed, and yeah, I spit. 618 00:30:47,407 --> 00:30:50,093 [Jerry] Were you trying to infect him with HIV? 619 00:30:50,194 --> 00:30:54,881 No. I was trying to maintain my dignity. 620 00:30:54,982 --> 00:31:00,503 To say, "You didn't beat me. " It was stupid. 621 00:31:00,604 --> 00:31:02,772 And I'm sorry I did it. 622 00:31:02,873 --> 00:31:05,408 Did you ever say, "I have AIDS, and I hope you die?" 623 00:31:05,593 --> 00:31:07,627 Absolutely not. 624 00:31:07,728 --> 00:31:11,331 You can't get AIDS by spitting. And I don't have AIDS. 625 00:31:11,432 --> 00:31:14,317 [Greg] I'm HIV positive. 626 00:31:16,153 --> 00:31:18,071 Thanks, Greg. 627 00:31:21,141 --> 00:31:23,092 [Kessler] Mr. Radley? 628 00:31:23,944 --> 00:31:25,344 [clears throat] 629 00:31:29,567 --> 00:31:32,869 You have the virus that causes AIDS. 630 00:31:32,970 --> 00:31:34,704 Right. 631 00:31:34,805 --> 00:31:37,958 So Officer Sherman didn't make that up. 632 00:31:38,059 --> 00:31:39,175 No. 633 00:31:39,276 --> 00:31:42,045 And you tore up that lawfully-issued summons. 634 00:31:42,146 --> 00:31:43,613 Yeah. 635 00:31:43,714 --> 00:31:45,698 So Officer Sherman didn't make that up, either? 636 00:31:45,799 --> 00:31:48,134 - No. - And you were spitting? 637 00:31:48,235 --> 00:31:49,469 Yes. 638 00:31:49,570 --> 00:31:52,104 So Officer Sherman is right about that, too? 639 00:31:52,539 --> 00:31:53,990 Yes. 640 00:31:55,343 --> 00:31:59,595 In fact, you spit right in Officer Sherman's face? 641 00:31:59,696 --> 00:32:00,897 Yes, sir. 642 00:32:00,998 --> 00:32:03,400 So, Sherman didn't make that up, either, did he? 643 00:32:03,501 --> 00:32:04,768 Right. 644 00:32:04,869 --> 00:32:06,936 But you want us to believe he's lying 645 00:32:07,271 --> 00:32:08,921 about having an open container. 646 00:32:09,022 --> 00:32:10,490 Yes. 647 00:32:10,591 --> 00:32:14,293 And he's lying about being publicly intoxicated. 648 00:32:14,394 --> 00:32:15,945 Yes. 649 00:32:16,046 --> 00:32:20,883 A decorated cop, with eight years on the force, 650 00:32:20,984 --> 00:32:23,703 manufactured false evidence against you 651 00:32:23,804 --> 00:32:26,473 for what was initially a petty crime. 652 00:32:26,574 --> 00:32:28,291 - Right. - And you spit 653 00:32:28,392 --> 00:32:30,877 right in the cop's face, knowing you were infected 654 00:32:30,978 --> 00:32:32,746 with the virus that causes AIDS. 655 00:32:32,847 --> 00:32:36,182 But your defense is it's not a crime because you were trying 656 00:32:36,283 --> 00:32:39,085 - to maintain your dignity? - I didn't say it was smart. 657 00:32:39,186 --> 00:32:41,938 Just not attempted murder. 658 00:32:42,039 --> 00:32:44,240 [Brandon] That's very compelling, Mr. Busse. 659 00:32:44,341 --> 00:32:48,911 Very compelling. Nothing further. 660 00:32:49,012 --> 00:32:52,248 I know this is hard for you, but Duval really needs you... 661 00:32:52,349 --> 00:32:54,584 Please don't tell me what my son needs. 662 00:32:54,685 --> 00:32:56,536 I just want you to see what I see. 663 00:32:56,637 --> 00:32:59,422 He's a little boy, he's scared, 664 00:32:59,523 --> 00:33:02,359 and he needs his father right now. 665 00:33:02,460 --> 00:33:04,894 Duval was eight years old when he lost his mother. 666 00:33:04,995 --> 00:33:08,398 And I have been there, working every day since then... 667 00:33:08,498 --> 00:33:10,866 I know. And you've been incredible. 668 00:33:10,967 --> 00:33:13,819 But this is about more than putting food on the table. 669 00:33:13,921 --> 00:33:16,455 It's protecting him, and not just providing for him. 670 00:33:16,557 --> 00:33:19,292 Don't judge me, OK? You don't know where I've been 671 00:33:19,393 --> 00:33:21,327 or what I have done. 672 00:33:21,428 --> 00:33:25,298 No, but where I've been, Mr. Demming, is in a jail cell, 673 00:33:25,399 --> 00:33:28,367 across from a child so hungry for his father's attention, 674 00:33:28,468 --> 00:33:29,919 he would eat glass. 675 00:33:31,021 --> 00:33:32,988 Do not put this on me. 676 00:33:33,089 --> 00:33:37,043 When those boys approached your son, he needed his father. 677 00:33:37,144 --> 00:33:40,964 And he needs you right now, more than ever. 678 00:33:41,065 --> 00:33:43,833 [man] OK, visit for Duval Demming? 679 00:33:43,934 --> 00:33:48,637 Bags and purses in the locker. Pockets empty, please. Let's go. 680 00:33:48,973 --> 00:33:50,790 So, I gotta go to jail even on a cop-out? 681 00:33:50,891 --> 00:33:53,125 Yes. One to three means somewhere 682 00:33:53,226 --> 00:33:54,761 between eight months and two years. 683 00:33:54,862 --> 00:33:56,095 The days you've done count. 684 00:33:56,196 --> 00:33:57,997 And you'll get youthful offender. 685 00:33:58,098 --> 00:33:59,532 You won't have a criminal record. 686 00:33:59,633 --> 00:34:01,851 You can go to college. Have a life. 687 00:34:01,952 --> 00:34:03,536 But I still gotta snitch? 688 00:34:03,637 --> 00:34:05,704 If this is the way we decide to go, then yes, 689 00:34:05,806 --> 00:34:08,625 you'll have to testify in front of a grand jury. 690 00:34:08,726 --> 00:34:12,595 Which is secret. The other boys wouldn't be there. 691 00:34:12,696 --> 00:34:16,299 - So they wouldn't know? - Not about the grand jury. No. 692 00:34:16,400 --> 00:34:19,535 The DA can protect your identity for as long as they can, 693 00:34:19,636 --> 00:34:21,571 but if the other boys insist on a trial, 694 00:34:21,672 --> 00:34:23,339 the DA eventually has to disclose 695 00:34:23,607 --> 00:34:25,642 that you were a witness against them. 696 00:34:28,578 --> 00:34:31,564 I'm not a snitch. So I can't cop out. 697 00:34:31,665 --> 00:34:32,865 I'm gonna fight. 698 00:34:32,966 --> 00:34:35,801 Duval, if we don't do this, we risk a trial. 699 00:34:35,902 --> 00:34:37,970 - This is a good deal. - You need to take this. 700 00:34:38,071 --> 00:34:42,358 I don't need to take nothing. Whatever happens, I'm a man. 701 00:34:42,459 --> 00:34:45,728 - I can deal with it. - Duval... 702 00:34:45,829 --> 00:34:47,179 They killed Freddy. 703 00:34:47,280 --> 00:34:51,049 I say anything, they gonna come get me. 704 00:34:51,150 --> 00:34:53,269 Or you. 705 00:35:04,914 --> 00:35:07,466 And we'll have to deal with that. 706 00:35:11,354 --> 00:35:14,924 Whatever it takes. If we have to leave, we'll leave. 707 00:35:15,025 --> 00:35:17,559 If we have to move, we'll move. 708 00:35:20,263 --> 00:35:25,951 I'm sorry. I messed up so bad. 709 00:35:28,789 --> 00:35:30,272 You do what you gotta do. 710 00:35:30,507 --> 00:35:35,194 Long as you got no record comin' out, we'll be OK. 711 00:35:35,295 --> 00:35:40,366 You're a good kid. And you're gonna be a fine man. 712 00:35:53,497 --> 00:35:55,764 [man] Will the foreman please rise? 713 00:36:17,804 --> 00:36:20,289 [man] Will the defendant please rise? 714 00:36:22,575 --> 00:36:26,845 In the matter of the People of the State of New York v. Gregory Busse, 715 00:36:26,946 --> 00:36:29,014 as to the first count of the indictment, 716 00:36:29,116 --> 00:36:33,302 charging attempted murder in the first degree, what is your verdict? 717 00:36:33,403 --> 00:36:35,388 Not guilty. 718 00:36:35,489 --> 00:36:37,022 As to the second count, 719 00:36:37,123 --> 00:36:40,176 charging attempted assault in the first degree, 720 00:36:40,277 --> 00:36:42,127 - what is your verdict? - Not guilty. 721 00:36:42,228 --> 00:36:44,129 [exhaling sharply] 722 00:36:46,016 --> 00:36:47,399 As to the third count, 723 00:36:47,533 --> 00:36:50,419 charging attempted assault in the second degree, 724 00:36:50,520 --> 00:36:53,188 - what is your verdict? - Not guilty. 725 00:36:53,289 --> 00:36:55,524 As to the final count of the indictment, 726 00:36:55,625 --> 00:36:57,626 charging resisting arrest, 727 00:36:57,727 --> 00:37:00,129 what is your verdict? 728 00:37:02,849 --> 00:37:04,367 Not guilty. 729 00:37:05,785 --> 00:37:07,219 [laughing] 730 00:37:07,420 --> 00:37:09,404 Ladies and gentlemen of the jury, 731 00:37:09,505 --> 00:37:11,623 thank you for your work in this matter. 732 00:37:11,724 --> 00:37:15,327 The defendant is discharged and so are all of you. 733 00:37:17,247 --> 00:37:19,448 - [gasping] - [Jerry] My man. All right? 734 00:37:19,549 --> 00:37:22,985 So, good day for the good guys? 735 00:37:23,086 --> 00:37:25,955 Don't tell anyone I said this, but I think I may have found 736 00:37:26,056 --> 00:37:27,223 the one person on the planet 737 00:37:27,323 --> 00:37:29,859 who is more annoying than Jerry Kellerman. 738 00:37:29,960 --> 00:37:32,061 - Brandon Radley. - Oh, my gosh, 739 00:37:32,162 --> 00:37:35,330 they should fumigate that courtroom. 740 00:37:35,431 --> 00:37:37,132 You know what I'm looking forward to? 741 00:37:37,233 --> 00:37:38,867 A glass of limoncello. 742 00:37:38,968 --> 00:37:40,452 There is nothing in the world 743 00:37:40,553 --> 00:37:42,687 like a glass of homemade limoncello, 744 00:37:42,788 --> 00:37:45,707 after a plate of pappardelle and a bottle of good Chianti. 745 00:37:45,976 --> 00:37:49,094 Trudy, I have to talk to you about this trip. 746 00:37:49,195 --> 00:37:50,146 OK. 747 00:37:52,699 --> 00:37:54,366 I... 748 00:37:57,403 --> 00:38:01,323 I'm not comfortable with it. I don't think I should go. 749 00:38:01,424 --> 00:38:04,844 - Charlie... - I know I shouldn't go. 750 00:38:04,945 --> 00:38:07,129 I should have said something right away. 751 00:38:07,230 --> 00:38:08,597 Why, because I was so excited 752 00:38:08,699 --> 00:38:10,833 and you didn't want to hurt my feelings? 753 00:38:10,934 --> 00:38:12,301 Well... 754 00:38:12,402 --> 00:38:15,121 Charlie, maybe I've been giving you the wrong idea. 755 00:38:15,222 --> 00:38:17,857 Italy is just my favorite place in the world. 756 00:38:17,958 --> 00:38:19,658 This is just a trip. 757 00:38:19,759 --> 00:38:22,211 This doesn't change anything between us. 758 00:38:22,312 --> 00:38:23,846 It's just taking what we do here 759 00:38:23,947 --> 00:38:26,481 and taking it to a better setting. 760 00:38:26,582 --> 00:38:29,418 Good food. Good conversation. 761 00:38:31,404 --> 00:38:35,641 Good extra-curricular activities. 762 00:38:35,742 --> 00:38:38,677 That's the part I'm not comfortable with. 763 00:38:46,787 --> 00:38:47,937 The sex? 764 00:38:48,038 --> 00:38:51,423 [exhales deeply] The sex is part of it. 765 00:38:51,524 --> 00:38:53,926 What we do, what we've been doing... 766 00:38:54,027 --> 00:38:56,245 ...I can't do it anymore. 767 00:38:56,346 --> 00:39:00,131 Well, I have to say... 768 00:39:00,232 --> 00:39:02,935 I knew this day was gonna come at some point, 769 00:39:03,035 --> 00:39:06,271 but your timing is particularly lousy. 770 00:39:07,007 --> 00:39:09,825 - I'm sorry. - I mean, really lousy. 771 00:39:09,926 --> 00:39:12,645 Kept your mouth shut and you could've gotten a free trip, 772 00:39:12,746 --> 00:39:14,647 made your exploitation complete. 773 00:39:14,748 --> 00:39:18,800 - Trudy. - I'm sorry. This is just... 774 00:39:20,437 --> 00:39:23,472 This is extremely unpleasant. 775 00:39:25,175 --> 00:39:27,475 I assume there's someone else? Someone you care about? 776 00:39:27,711 --> 00:39:31,280 - No, there's no one else. - Then what's the problem? 777 00:39:36,219 --> 00:39:40,706 - I'm gay. - Excuse me? 778 00:39:41,107 --> 00:39:45,294 I'm gay, and... 779 00:39:45,395 --> 00:39:49,298 I'm coming out to you right now. 780 00:39:51,351 --> 00:39:54,419 - I'm sorry. - You're sorry. 781 00:39:54,520 --> 00:39:58,189 You're sorry. For what, lying to me this whole time? 782 00:39:58,290 --> 00:40:01,477 For using me? What is it you're sorry for? 783 00:40:01,578 --> 00:40:03,795 I really need to know so I have some idea 784 00:40:03,896 --> 00:40:06,365 of what the hell has been going on here. 785 00:40:08,367 --> 00:40:11,937 I lied to you. I lied to myself. 786 00:40:13,356 --> 00:40:15,407 I have no excuses. 787 00:40:15,508 --> 00:40:18,193 All I can say is if I could have 788 00:40:18,294 --> 00:40:20,362 admitted it to myself, I would've... 789 00:40:20,463 --> 00:40:21,463 Would you get out? 790 00:40:21,564 --> 00:40:25,066 - Trudy. - Just get the hell out! Go! 791 00:40:48,191 --> 00:40:50,225 [man] No, I know... 792 00:40:50,326 --> 00:40:53,028 [Marcus] What surprised me is not that you hit Radley, 793 00:40:53,129 --> 00:40:55,781 but that you didn't launch into your usual rant 794 00:40:55,882 --> 00:40:58,417 about how any poor person of color would be doing jail time 795 00:40:58,518 --> 00:41:00,635 if they had done the same thing. 796 00:41:00,736 --> 00:41:03,705 Good point. And true, by the way. 797 00:41:03,806 --> 00:41:06,825 - You'll never change. - No need to, my friend. 798 00:41:06,926 --> 00:41:10,228 But you, what you did on Richie's case for that kid? 799 00:41:10,329 --> 00:41:11,981 That showed real personal growth. 800 00:41:12,082 --> 00:41:15,584 Seriously. That was stand up. 801 00:41:17,387 --> 00:41:19,155 You know what the funny thing is? 802 00:41:19,256 --> 00:41:21,973 She's the one that convinced me. 803 00:41:22,709 --> 00:41:25,060 - Come on. Michelle? - Hey... 804 00:41:25,161 --> 00:41:27,196 Don't understand her too quickly, brother. 805 00:41:27,297 --> 00:41:30,733 [Marcus] She's complicated. 806 00:41:30,834 --> 00:41:32,451 All right. Libations, people. 807 00:41:32,552 --> 00:41:34,252 - [Michelle] Woo-hoo! - [Richard] Shots? 808 00:41:34,353 --> 00:41:36,021 [Marcus] What are we celebrating? 809 00:41:36,122 --> 00:41:39,808 OK. To the end of the week. 810 00:41:39,909 --> 00:41:41,944 Boring. 811 00:41:42,045 --> 00:41:43,629 All right, I've got a better one. 812 00:41:43,730 --> 00:41:47,816 To the demise of Brandon Radley. 813 00:41:47,917 --> 00:41:51,487 - I'll drink to that. - Just another case, guys. 814 00:41:51,588 --> 00:41:54,139 How about we just celebrate that we're doing shots? 815 00:41:54,240 --> 00:41:56,525 No, we need something more than that. 816 00:41:56,626 --> 00:41:57,976 Yeah. 817 00:42:02,065 --> 00:42:03,999 I'm gay. 818 00:42:07,837 --> 00:42:09,605 Charlie's gay. 819 00:42:11,657 --> 00:42:13,776 - Cheers to that. - [Marcus] Here, here. 820 00:42:13,877 --> 00:42:15,878 - [Richard] Here, here! - [Michelle] Charlie! 821 00:42:15,879 --> 00:42:18,363 - Woo-hoo! - Cheers. 822 00:42:18,464 --> 00:42:19,898 [laughing] 823 00:42:51,107 --> 00:43:02,107 Rip by spyderspyder Sync by honeybunny www.addic7ed.com 824 00:43:02,157 --> 00:43:06,707 Repair and Synchronization by Easy Subtitles Synchronizer 1.0.0.0 63341

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