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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
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824
00:43:02,157 --> 00:43:06,707
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