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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:00,404 --> 00:00:04,508 www.addic7ed.com 2 00:00:07,800 --> 00:00:11,024 We both know I was just walking home from school, Jerry. 3 00:00:11,311 --> 00:00:14,242 Like I'm gonna knock off a bodega carrying a chemistry textbook and "Tom Sawyer"? 4 00:00:14,281 --> 00:00:18,321 But the wrongful arrest isn't a defense for the jailhouse assault. 5 00:00:19,317 --> 00:00:23,156 - Focus on the new case, right? - That's what's in front of us now. 6 00:00:23,529 --> 00:00:25,230 What was I supposed to do? 7 00:00:25,634 --> 00:00:29,124 The Bloods were gonna kill me, beat up my little brother, or worse, man. 8 00:00:29,255 --> 00:00:31,414 And if we have to go to trial, we'll bring all of that out. 9 00:00:31,435 --> 00:00:33,458 "Have to"? What you mean? 10 00:00:34,548 --> 00:00:37,140 Duress is a tough defense. 11 00:00:37,175 --> 00:00:39,014 The jury's gonna wonder why anyone 12 00:00:39,049 --> 00:00:41,632 who wasn't in a gang would stab someone who was. 13 00:00:41,673 --> 00:00:44,161 Because they said they were gonna kill me if I didn't. 14 00:00:44,354 --> 00:00:47,316 - I'm not the one you have to convince. - Yeah, but you telling me you think we're gonna lose. 15 00:00:47,351 --> 00:00:50,602 No, I think that if we don't work out a deal today, we're gonna be on trial. 16 00:00:50,637 --> 00:00:53,411 And if that happens, you're risking an awful lot of years. 17 00:00:55,993 --> 00:00:59,229 Nah, I just sit outside the liquor store, asking brothers for help. 18 00:00:59,264 --> 00:01:00,434 The key is, once a man reach in his pocket, 19 00:01:00,667 --> 00:01:04,347 once a man reach in his pocket, you got to back him off real easy. 20 00:01:04,382 --> 00:01:07,263 You know, just say, "it's cool, brother. Just catch me on the way out." 21 00:01:07,433 --> 00:01:09,959 - Because? - Because if they know you're gonna wait, 22 00:01:09,994 --> 00:01:11,722 it's always a bigger pay. 23 00:01:12,373 --> 00:01:15,052 The hanging-around makes you subject to the loitering laws. 24 00:01:15,087 --> 00:01:18,228 Ah, the cops got to learn to respect a brother's initiative. 25 00:01:18,263 --> 00:01:20,927 Man, the money ain't gonna come to you. You got to chase the money. 26 00:01:21,048 --> 00:01:22,864 Well, how about doing it at a different place? 27 00:01:22,900 --> 00:01:27,089 No, man. That's my store, man. That's my corner. I ain't moving up off that. 28 00:01:27,282 --> 00:01:29,962 My old apartment is right up the street from there. 29 00:01:30,081 --> 00:01:32,013 Now they got some old dude living in it. 30 00:01:32,492 --> 00:01:33,507 And you? 31 00:01:33,542 --> 00:01:36,165 Oh, hey, I live on the street with Whiskey. 32 00:01:37,138 --> 00:01:38,364 With Whiskey? 33 00:01:41,900 --> 00:01:43,403 Whiskey, bro. 34 00:01:45,312 --> 00:01:47,720 Half pit bull, half mutt. 35 00:01:47,991 --> 00:01:51,356 They hate the hustlers, but they love the doggies. 36 00:01:51,435 --> 00:01:54,203 Plus, he protects me when I sleep on the street. 37 00:01:54,575 --> 00:01:55,575 Where is he? 38 00:01:55,749 --> 00:01:58,512 I gave him to this dude, dread, when they was arresting me. 39 00:01:58,547 --> 00:02:01,834 So, if you can get me time served, I can go pick him up. 40 00:02:02,069 --> 00:02:04,253 It's your sixth arrest for the same thing. 41 00:02:05,221 --> 00:02:07,992 Um, with this judge, I don't think we'll get it. 42 00:02:08,244 --> 00:02:12,246 No, you got to think positive, man. It ain't gonna work otherwise, right? 43 00:02:12,281 --> 00:02:14,241 The judge wants to see a change. 44 00:02:14,276 --> 00:02:16,552 Would you meet with a social worker? 45 00:02:16,683 --> 00:02:19,316 Man, I'll meet with the Pope if it'll get me out of here. 46 00:02:19,351 --> 00:02:21,473 All right, good. Well, then... Hey, I'll set up a meeting, 47 00:02:21,517 --> 00:02:25,345 and I'll tell the judge you'll work with a social worker to help find you a place. 48 00:02:25,856 --> 00:02:26,960 You know what, 49 00:02:30,980 --> 00:02:33,525 yo, um... Don't get me wrong, man, 50 00:02:34,354 --> 00:02:37,189 but, you know, like, I dream of having a door and a roof, 51 00:02:37,439 --> 00:02:40,001 but I make $50 on a good day. 52 00:02:40,105 --> 00:02:44,514 Plus, I don't know a shelter that's gonna let me bring Whiskey in, so... 53 00:02:44,651 --> 00:02:46,714 Got to think positive, right? 54 00:02:48,120 --> 00:02:49,177 All right. 55 00:02:51,352 --> 00:02:53,285 Docket ending 9221, 56 00:02:53,333 --> 00:02:55,424 people of the state of New York vs. Frank Lewis, 57 00:02:55,459 --> 00:02:58,122 charged with 240.35, loitering 58 00:02:58,157 --> 00:03:00,761 for the purposes of begging. 59 00:03:01,175 --> 00:03:03,554 Richard Woolsey, office of the public defender. 60 00:03:03,802 --> 00:03:06,380 Would the court consider time served here? 61 00:03:06,415 --> 00:03:09,047 It's the defendant's 6th arrest in 18 months. 62 00:03:09,082 --> 00:03:11,919 All of which have been for the same minor infraction. 63 00:03:11,954 --> 00:03:14,345 Not minor to the nearby store owners, Your Honor, 64 00:03:14,380 --> 00:03:17,567 who consider the defendant a menace and an impediment to business. 65 00:03:17,602 --> 00:03:20,433 You have to admit, counselor, six is a lot of arrests. 66 00:03:20,468 --> 00:03:23,521 Which is exactly why Mr. Lewis has agreed to meet with our social-work staff 67 00:03:23,556 --> 00:03:27,197 in an effort to find housing and, perhaps, more stable employment. 68 00:03:27,581 --> 00:03:29,721 Admirable. But a bit too late. 69 00:03:29,864 --> 00:03:34,143 Given the defendant's rather lengthy record, I offer 15 days jail. 70 00:03:34,245 --> 00:03:35,639 15 days?! 71 00:03:35,674 --> 00:03:37,285 I gather that's a "no." 72 00:03:37,501 --> 00:03:40,571 Would the court consider releasing him on his own recognizance? 73 00:03:41,144 --> 00:03:44,177 No. Bail is set at $250 cash. 74 00:03:44,212 --> 00:03:46,342 Man, I ain't got no $250! 75 00:03:46,377 --> 00:03:47,532 Let's move it. 76 00:03:47,907 --> 00:03:50,297 Oh, man. I'm going to jail? 77 00:03:50,794 --> 00:03:53,873 We'll be in front of a different judge in five days. Let me see what I can do. 78 00:03:53,908 --> 00:03:55,772 And what about Whiskey? 79 00:04:00,050 --> 00:04:01,089 Damn. 80 00:04:01,246 --> 00:04:05,772 "Bobbi Ba-bing" 81 00:04:14,512 --> 00:04:17,274 Richard, Bobbi, and Jeff are with the criminal division. 82 00:04:17,303 --> 00:04:19,585 David, so far, is the civil side. 83 00:04:19,639 --> 00:04:22,746 So, why do you want to do civil legal services? 84 00:04:22,792 --> 00:04:27,491 I'm a realist. I see most of the legal system as an instrument of oppression. 85 00:04:32,181 --> 00:04:33,272 How you doin'? 86 00:04:34,692 --> 00:04:36,694 I see you were a pretty man fellow. 87 00:04:36,805 --> 00:04:39,060 You worked at winthrop, Walters your second summer? 88 00:04:39,095 --> 00:04:42,314 Have you ever considered becoming a prosecutor? 89 00:04:44,942 --> 00:04:48,532 Any kind of client you'd feel uncomfortable handling? 90 00:04:49,277 --> 00:04:52,791 So, if I have a woman charged with burning her kid and she gets acquitted, 91 00:04:52,826 --> 00:04:55,356 no problem with going to family court to get her kid back? 92 00:04:55,391 --> 00:04:56,747 What about domestic violence? 93 00:04:56,782 --> 00:04:59,962 Or a pedophile in a sex-offender registration hearing? 94 00:05:05,733 --> 00:05:09,801 Taking on big corporations and entrenched interests on behalf of the poor and disenfranchised? 95 00:05:09,849 --> 00:05:11,632 What could be cooler than that? 96 00:05:11,935 --> 00:05:15,183 Politics? Journalism? Community organizing? 97 00:05:15,218 --> 00:05:19,357 All great, but diffuse. I like the law because it's sharp, it's pointy. 98 00:05:19,399 --> 00:05:22,486 It lets you target specific problems and right specific wrongs. 99 00:05:22,521 --> 00:05:25,560 You realize that no matter how hard we fight, we lose most of the time. 100 00:05:25,594 --> 00:05:27,962 Right now, I've got a guy sitting in jail 101 00:05:28,002 --> 00:05:30,678 who can't afford the $250 bail for loitering 102 00:05:30,705 --> 00:05:32,941 for the purposes of begging. 103 00:05:33,238 --> 00:05:34,996 They're not allowed to do that. 104 00:05:35,201 --> 00:05:38,965 - Uh, they're doing it, I assure you. - But that statute's unconstitutional. 105 00:05:39,000 --> 00:05:41,439 I mean, 240.35 was found to be 106 00:05:41,474 --> 00:05:43,366 an infringement on free speech. 107 00:05:43,401 --> 00:05:44,670 When? And by whom? 108 00:05:44,679 --> 00:05:47,495 Judge Sweet. Federal district court, 1992. 109 00:05:47,530 --> 00:05:51,405 He said it was a blanket restriction on begging, and he struck it down. 110 00:05:51,440 --> 00:05:54,249 It was even upheld by the second circuit. 111 00:05:54,284 --> 00:05:55,420 Are you sure? 112 00:05:55,653 --> 00:05:59,344 I did a paper on it in my first-amendment clinic. 113 00:06:00,909 --> 00:06:03,426 Ashley, would you mind waiting outside for a moment? 114 00:06:03,461 --> 00:06:04,716 Sure, yeah. 115 00:06:11,252 --> 00:06:12,643 - So hired. - Yes. 116 00:06:12,678 --> 00:06:13,861 Bingo! 117 00:06:16,581 --> 00:06:18,408 "C" and 4. 118 00:06:20,261 --> 00:06:21,667 - Four years? - Final offer. 119 00:06:21,702 --> 00:06:23,275 - Going once, going twice... - Just a second. 120 00:06:23,288 --> 00:06:25,829 Let's look at the players here, the situation. 121 00:06:26,140 --> 00:06:28,773 It's not that I'm not looking, bro. We're just not seeing the same thing. 122 00:06:28,832 --> 00:06:31,631 An honor student, president of the Lincoln-Douglas debate club 123 00:06:31,666 --> 00:06:33,467 jailed on a bogus, one-witness robbery. 124 00:06:33,521 --> 00:06:35,117 Which I dismissed. 125 00:06:35,152 --> 00:06:37,470 Yeah, four months too late to save him from the Bloods. 126 00:06:37,512 --> 00:06:40,865 Your boy stuck a shiv deep enough in another inmate to puncture a lung. 127 00:06:40,900 --> 00:06:43,492 - Under duress, Marcus. - I'm not giving probation 128 00:06:43,527 --> 00:06:45,290 to a guy who stabbed another inmate. 129 00:06:45,325 --> 00:06:47,726 Not another inmate. A gang leader! 130 00:06:47,792 --> 00:06:51,768 - Is that supposed to make it better? - Come on, man. You know what I'm talking about. 131 00:06:51,803 --> 00:06:56,556 - How about six months and probation? - The number comes after "3," before "5." 132 00:06:56,689 --> 00:06:59,473 - A year of city time? - Nope. 133 00:07:00,646 --> 00:07:02,490 If you're so convinced, spin it to a jury. 134 00:07:02,533 --> 00:07:06,285 But, hey, that's what makes a market. 135 00:07:10,899 --> 00:07:12,567 See you in court? 136 00:07:12,602 --> 00:07:13,762 Wha... 137 00:07:14,420 --> 00:07:16,127 spoiled loser. 138 00:07:16,697 --> 00:07:19,800 So, you think I should take the four years? 139 00:07:20,282 --> 00:07:22,637 On four years, you do three and a half, 140 00:07:23,590 --> 00:07:28,148 - take out the time you've been in ... - Right, yeah, I'll be out in less than three, right? 141 00:07:29,636 --> 00:07:31,516 Man, you know what they say about black folks? 142 00:07:31,672 --> 00:07:32,745 What? 143 00:07:32,953 --> 00:07:35,299 We like crabs in a bucket, man. 144 00:07:35,334 --> 00:07:38,615 Always pulling down the one that's trying to get out. 145 00:07:39,260 --> 00:07:43,233 And in here, they get to finally pull me back down, man. 146 00:07:43,925 --> 00:07:46,727 3 more years, 5 more years, 20. 147 00:07:46,762 --> 00:07:49,892 It don't matter, man. I can't hold on no more, Jerry. 148 00:07:51,031 --> 00:07:52,711 This shot ... 149 00:07:53,252 --> 00:07:56,434 man, this shot is all that I got. 150 00:07:57,030 --> 00:08:00,878 My arms are tired of hanging on to that bucket rim, Jerry. 151 00:08:02,241 --> 00:08:03,247 Okay. 152 00:08:03,353 --> 00:08:05,395 Then we go to trial. 153 00:08:09,773 --> 00:08:13,145 Man, if we win, maybe I can still turn it around, you know? 154 00:08:13,675 --> 00:08:15,235 But if we lose... 155 00:08:17,591 --> 00:08:20,755 I'm already something I never wanted to be. 156 00:08:32,300 --> 00:08:34,420 Court is now in session. 157 00:08:34,455 --> 00:08:37,109 Judge Dominick Ventimiglia presiding. 158 00:08:37,144 --> 00:08:39,291 Let's get this show on the road. 159 00:08:43,548 --> 00:08:44,982 Motions in limine, gentlemen? 160 00:08:45,017 --> 00:08:47,782 Moving to preclude the defense from introducing any evidence 161 00:08:47,817 --> 00:08:51,024 concerning the prior case on which the defendant was incarcerated. 162 00:08:51,059 --> 00:08:54,056 The fact that my client was even incarcerated is prejudicial. 163 00:08:54,197 --> 00:08:57,048 To counter that, you have to let me show that he was in jail for a crime he didn't commit. 164 00:08:57,109 --> 00:08:59,891 The facts of any previous cases are irrelevant to the question 165 00:08:59,926 --> 00:09:02,577 of whether he committed the assault while locked up. 166 00:09:02,612 --> 00:09:06,052 I assume you intend to bring out where the assault occurred, Mr. McGrath. 167 00:09:06,087 --> 00:09:07,600 - Of course. - Then I'm entitled 168 00:09:07,635 --> 00:09:10,031 to explain why he was there. 169 00:09:10,074 --> 00:09:11,567 All right, gentlemen. 170 00:09:12,214 --> 00:09:15,679 Mr. Mcgrath is right. The prior cases are collateral, so they're out. 171 00:09:15,714 --> 00:09:16,895 Come on. 172 00:09:16,924 --> 00:09:20,129 Your objection is noted. Let's get a move on. 173 00:09:23,746 --> 00:09:26,248 I was in the day room, and I heard an altercation. 174 00:09:26,329 --> 00:09:27,663 What is the day room? 175 00:09:27,698 --> 00:09:32,004 It's a common area, open during the day when the cell doors are open. 176 00:09:32,039 --> 00:09:34,454 Guys go in there to hang out or watch television. 177 00:09:34,489 --> 00:09:35,499 What did you do? 178 00:09:35,539 --> 00:09:40,103 I turned around. Went over to the corner of the day room to see what was going on. 179 00:09:40,312 --> 00:09:42,750 And out of the corner of my eye, 180 00:09:42,936 --> 00:09:46,334 I saw Mr. Obasi there walking away from Antonio Lozado. 181 00:09:46,517 --> 00:09:48,933 What was Mr. Lozado doing when you spied him? 182 00:09:49,639 --> 00:09:52,732 Just standing there holding his right side 183 00:09:52,859 --> 00:09:55,365 just below his rib cage. He was bleeding. 184 00:09:55,400 --> 00:09:56,566 And what did you do then? 185 00:09:56,601 --> 00:10:00,002 I called it in, sounded the alarm, and ran over to help. 186 00:10:00,270 --> 00:10:03,482 What was Mr. Lozado's condition when you got there? 187 00:10:03,517 --> 00:10:07,026 He seemed to be in pain, had trouble breathing. 188 00:10:09,300 --> 00:10:11,372 Officer Hildebrand, you've been a corrections officer 189 00:10:11,407 --> 00:10:13,370 - for almost a dozen years. - Yes. 190 00:10:13,405 --> 00:10:15,551 Seen hundreds of jail fights in that time. 191 00:10:15,588 --> 00:10:18,973 - Yes. - In fact, inmates fight all the time. 192 00:10:19,970 --> 00:10:22,275 - Too often. - Because jail is a dangerous 193 00:10:22,310 --> 00:10:24,786 - and violent place. - We try to keep a lid on that. 194 00:10:24,821 --> 00:10:28,348 But you'd agree it remains a dangerous, violent place 195 00:10:28,388 --> 00:10:31,361 - despite your attempts to police it. - Yes. 196 00:10:31,396 --> 00:10:33,960 And sometimes, to survive in jail, 197 00:10:33,995 --> 00:10:38,602 one has to be tough, even violent. 198 00:10:39,657 --> 00:10:41,322 It's possible, yes. 199 00:10:41,781 --> 00:10:46,158 By the way, Mr. Lozado has a tattoo under his right eye, correct? 200 00:10:46,193 --> 00:10:49,186 - Yeah. - A dark blue teardrop. 201 00:10:49,886 --> 00:10:51,044 That's right. 202 00:10:51,366 --> 00:10:54,653 Do you know the significance of that particular tattoo? 203 00:10:54,688 --> 00:10:56,291 It's a gang thing. 204 00:10:56,326 --> 00:10:59,232 It's supposed to mean he killed someone. 205 00:11:08,138 --> 00:11:10,601 Okay, so, you got the decisions at both the district and appellate levels? 206 00:11:10,925 --> 00:11:12,591 Tabbed and highlighted. 207 00:11:12,626 --> 00:11:15,559 - Pretty sweet move at the interview. - That was just luck, really. 208 00:11:15,606 --> 00:11:18,095 Yeah, I tend to think luck is about 90% effort. 209 00:11:18,331 --> 00:11:20,307 Okay, honestly, I do, too. 210 00:11:20,681 --> 00:11:23,304 So, ready for your first court appearance? 211 00:11:24,272 --> 00:11:26,129 Ha. I'm just kidding. I got it. 212 00:11:30,006 --> 00:11:31,738 It's squarely on point, Your Honor. 213 00:11:31,800 --> 00:11:34,813 The sole charge in the complaint is unconstitutional. 214 00:11:35,011 --> 00:11:38,427 There are simply no grounds on which to hold or even charge Mr. Lewis. 215 00:11:38,629 --> 00:11:40,554 The people have never seen this decision. 216 00:11:40,555 --> 00:11:43,947 We would just request that we'd have time to respond. 217 00:11:44,072 --> 00:11:48,049 Consider all you like, Miss Ernhardt. But on this one, I think they got you licked. 218 00:11:48,278 --> 00:11:50,898 Motion granted. Defendant released. 219 00:11:51,684 --> 00:11:53,045 Case dismissed. 220 00:11:53,591 --> 00:11:55,677 - I'm getting out? - Going home. 221 00:11:56,697 --> 00:11:58,878 Say, man, you got... you got bus fare? 222 00:11:58,879 --> 00:12:00,686 How about you catch me later? 223 00:12:01,199 --> 00:12:02,472 Yeah, here. 224 00:12:04,483 --> 00:12:06,837 You know, you could come back to the office. 225 00:12:07,039 --> 00:12:08,773 Oh, no. I got to go find Whiskey. 226 00:12:08,828 --> 00:12:10,465 I know what you're saying, but, 227 00:12:10,519 --> 00:12:13,805 you know, it's not too late to take me up on that social-worker offer. 228 00:12:14,007 --> 00:12:15,791 You know what, I want to, but, you know what, 229 00:12:15,988 --> 00:12:18,765 keeping a job, finding a place to live, man, 230 00:12:18,798 --> 00:12:20,984 that kind of stuff just doesn't seem to work out for me. 231 00:12:21,138 --> 00:12:22,896 So let us help. 232 00:12:23,757 --> 00:12:27,163 Okay, you know, man, I've been on the street for six years, right? 233 00:12:27,282 --> 00:12:29,415 Long enough to look at myself 234 00:12:29,476 --> 00:12:31,263 and know that this is my life. 235 00:12:31,568 --> 00:12:33,085 It's what I got. 236 00:12:34,068 --> 00:12:36,204 And I just got to live with that. 237 00:12:49,022 --> 00:12:51,568 I thought that prison assaults were hard to prosecute. 238 00:12:51,569 --> 00:12:53,634 They are. They don't ever want to testify. 239 00:12:53,666 --> 00:12:54,802 Because? 240 00:12:55,082 --> 00:12:58,376 Because it's like Vegas ... whatever happens in Rikers, stay in Rikers. 241 00:12:58,377 --> 00:13:01,104 - "Snitches get stitches." - Nice. 242 00:13:02,286 --> 00:13:04,250 And yet yours is actually going to trial. 243 00:13:04,462 --> 00:13:05,906 McGrath with the golden touch? 244 00:13:06,014 --> 00:13:08,119 No, no. He is not Midas. 245 00:13:08,278 --> 00:13:10,555 Lozado had a punctured lung. He wanted to proceed. 246 00:13:10,598 --> 00:13:13,285 Yeah, after you made it worth his while to proceed. 247 00:13:13,382 --> 00:13:14,399 Tell 'em. 248 00:13:14,801 --> 00:13:15,829 What'd you do? 249 00:13:15,983 --> 00:13:17,294 - What'd you offer? - You made a deal? 250 00:13:17,295 --> 00:13:18,509 5 to 10. 251 00:13:18,877 --> 00:13:20,571 For a guy serving a life sentence? 252 00:13:20,572 --> 00:13:22,189 Damn. For that, imight testify. 253 00:13:22,190 --> 00:13:24,443 Yeah, getting stabbed was the best thing that could have happened to his guy. 254 00:13:24,444 --> 00:13:27,127 Yeah, I cut a deal because cracking down on prison violence 255 00:13:27,128 --> 00:13:29,408 is the only way to keep incarceration safe. 256 00:13:29,409 --> 00:13:32,747 Hey, I'm all for the goal. I'm just not sure about the method. 257 00:13:32,860 --> 00:13:35,169 Look, say what you want. But his client stabbed a lung 258 00:13:35,170 --> 00:13:37,026 with a sharpened toothbrush. 259 00:13:37,376 --> 00:13:38,514 That is a bad fact. 260 00:13:38,848 --> 00:13:41,535 And I'll sleep just fine having cut a deal to prosecute him for it, 261 00:13:41,598 --> 00:13:43,600 and I don't want to hear a word about duress, either. 262 00:13:43,601 --> 00:13:45,757 Yeah, "the gangs made me do it" defense is weak. 263 00:13:45,758 --> 00:13:47,185 My money is on us. 264 00:13:47,258 --> 00:13:49,202 I don't know. I think the gang stuff can be powerful. 265 00:13:49,345 --> 00:13:51,473 - Got an expert? - Hey, are you giving him trial advice? 266 00:13:51,474 --> 00:13:53,130 It's not in front of my judge. 267 00:13:53,179 --> 00:13:55,969 All I'm saying is if I was trying the defense case, I'd be on the phone 268 00:13:55,970 --> 00:13:59,277 with some sociologist specializing in prison culture and gang violence. 269 00:13:59,351 --> 00:14:02,311 Great, that's just what I need, another defense attorney on the bench. 270 00:14:02,369 --> 00:14:03,882 - You got someone? - Yeah. 271 00:14:04,636 --> 00:14:06,603 Doris castillo at Columbia. 272 00:14:07,169 --> 00:14:09,464 She gave a lecture at a judiciary seminar once. 273 00:14:09,498 --> 00:14:11,797 Very impressive. I think you might like her. 274 00:14:12,038 --> 00:14:13,967 All right, Michelle. I'm in. How much? 275 00:14:14,039 --> 00:14:16,462 You can't bet on trials. It's unseemly. 276 00:14:16,664 --> 00:14:19,611 - Satisfaction of winning. - You're on. 277 00:14:21,546 --> 00:14:23,500 Now, you're sure you're old enough? 278 00:14:23,669 --> 00:14:25,973 I mean, I know you graduated from law school, 279 00:14:25,974 --> 00:14:27,988 but, you know, you could be, like, the doogie howser of law. 280 00:14:28,028 --> 00:14:30,879 - I'm 24. I promise. - Okay. 281 00:14:31,447 --> 00:14:33,553 So, Bobbi, you know. 282 00:14:33,775 --> 00:14:38,357 The guy sitting across from her is Charlie Sagansky, judge Kessler's law secretary. 283 00:14:38,601 --> 00:14:40,178 On the end, Marcus McGrath, 284 00:14:40,179 --> 00:14:41,501 - DA's office ... - Wait, 285 00:14:41,502 --> 00:14:44,824 isn't the blonde the ADA who tried to keep Frankie in jail? 286 00:14:44,932 --> 00:14:47,332 Michelle Ernhardt, DA's office, yeah. 287 00:14:47,438 --> 00:14:50,075 Don't you just want to smack her? 288 00:14:51,429 --> 00:14:53,527 Sometimes, but, uh, 289 00:14:53,699 --> 00:14:55,256 you know, we all go way back. 290 00:14:55,410 --> 00:14:58,252 In fact, Marcus and Jerry have been best friends since law school. 291 00:14:58,462 --> 00:15:00,506 It's like that political guy Carville and his wife. 292 00:15:00,571 --> 00:15:02,048 - What's her name? - Mary Matalin. 293 00:15:02,049 --> 00:15:04,386 Yes. How does he stand her? 294 00:15:05,171 --> 00:15:06,237 Come on. 295 00:15:06,329 --> 00:15:07,881 You'll like them. Really. 296 00:15:12,790 --> 00:15:13,914 Actually, 297 00:15:14,402 --> 00:15:17,385 I don't think I'm quite ready to break bread with DAs. 298 00:15:17,784 --> 00:15:20,004 Um, but thank you for the drink. 299 00:15:20,225 --> 00:15:21,731 And today was great, 300 00:15:21,875 --> 00:15:22,902 really. 301 00:15:51,800 --> 00:15:52,834 Hi. 302 00:15:52,981 --> 00:15:53,999 Whoa. Uh... 303 00:15:54,920 --> 00:15:55,959 hi. 304 00:15:56,045 --> 00:15:58,180 - You're here early. - Really early. 305 00:15:58,306 --> 00:16:02,356 Pretty much all night, in fact. Did you know the lights go off at midnight? 306 00:16:02,576 --> 00:16:04,175 Yeah, you have to call maintenance. 307 00:16:04,231 --> 00:16:06,584 - The number's up at the front desk. - Yeah, I found it. 308 00:16:06,710 --> 00:16:08,811 There's also a flashlight by Roz's couch. 309 00:16:08,960 --> 00:16:10,342 Thanks. I mean, 310 00:16:10,382 --> 00:16:14,585 I did go home eventually. But I just kept thinking about the lawsuit. 311 00:16:14,842 --> 00:16:16,677 - Lawsuit? - For Frankie. 312 00:16:16,809 --> 00:16:19,412 It's only a draft, but I think it's pretty good. 313 00:16:19,753 --> 00:16:22,800 Ashley, Frankie's either annoying liquor-story patrons 314 00:16:22,833 --> 00:16:25,707 or sound asleep at the corner of 139th and Lenox with his dog. 315 00:16:25,803 --> 00:16:28,919 Okay, great, let's go up there, then, see him, get him to sign off. 316 00:16:29,132 --> 00:16:30,670 Get him to sign off on what? 317 00:16:31,141 --> 00:16:34,168 The class-action lawsuit. Frankie's gonna be the named plaintiff. 318 00:16:34,169 --> 00:16:36,622 We're suing the city, the DA's office ... 319 00:16:36,623 --> 00:16:37,977 Uh, take a deep breath. 320 00:16:39,371 --> 00:16:42,114 Um, this is the kind of thing we really need to run by Roz. 321 00:16:42,250 --> 00:16:46,199 They arrested this man half a dozen times for a "crime" that wasn't a crime. 322 00:16:46,265 --> 00:16:48,768 How else do you think we're gonna stop them from doing it again? 323 00:16:48,803 --> 00:16:50,303 Yeah, no, no, I ... 324 00:16:50,363 --> 00:16:53,349 All I'm saying is that, um, before we do anything, 325 00:16:53,384 --> 00:16:55,984 we really got to run it by the boss. 326 00:16:59,076 --> 00:16:59,708 Okay. 327 00:17:02,081 --> 00:17:04,756 And then we certify a class of all persons similarly situated. 328 00:17:04,791 --> 00:17:07,936 - I understand the process, Ashley. - A class action could be huge. 329 00:17:07,971 --> 00:17:10,745 I'm talking thousands of plaintiffs, maybe millions of dollars. 330 00:17:10,780 --> 00:17:12,851 - Yeah, just ... - What's the problem? 331 00:17:12,886 --> 00:17:15,907 A suit this big is likely to eat up all of our resources. 332 00:17:15,942 --> 00:17:18,127 Okay, well, I can find more attorneys to help. 333 00:17:18,162 --> 00:17:22,807 Or we hold off for now until the civil- action project is fully staffed. 334 00:17:22,930 --> 00:17:27,180 - Once we get a few more lawyers. - So you're saying no? 335 00:17:27,331 --> 00:17:30,697 I'm saying we have a client who needs us. 336 00:17:30,732 --> 00:17:35,153 Let's try to take care of him, and then we'll consider the larger issues. 337 00:17:37,693 --> 00:17:40,631 So you just want me to file the individual case? 338 00:17:40,666 --> 00:17:43,898 Actually, before you do, take the papers, go to the city's lawyers, 339 00:17:43,933 --> 00:17:48,733 tell them that we're about to sue them, and see what you can shake up without filing. 340 00:17:53,971 --> 00:17:57,450 - Why don't you go with her? - Keep her on a short leash. 341 00:17:59,051 --> 00:18:00,251 Short leash. 342 00:18:01,492 --> 00:18:04,926 I was the duty captain stationed in the central control area. 343 00:18:04,961 --> 00:18:07,457 About 1355, we received a call about a shanking. 344 00:18:07,492 --> 00:18:10,619 - And what'd you do? - We sent in the emergency response team, 345 00:18:10,654 --> 00:18:14,586 removed the complaing witness for medical attention in North infirmary command, 346 00:18:14,621 --> 00:18:16,786 shut down the whole block, and conducted a full search. 347 00:18:16,821 --> 00:18:19,497 And pursuant to that search, did you find anything? 348 00:18:19,532 --> 00:18:20,982 - Yes. - What was that? 349 00:18:21,081 --> 00:18:22,655 A homemade shiv. 350 00:18:22,690 --> 00:18:24,394 Where was that recovered from? 351 00:18:24,642 --> 00:18:26,087 1316 Baker. 352 00:18:26,771 --> 00:18:28,396 Mr. Obasi's cell. 353 00:18:28,431 --> 00:18:29,957 How many inmates per cell? 354 00:18:29,992 --> 00:18:33,962 Two, but Mr. ObasI slept in the bottom bunk, which is where we got it from. 355 00:18:34,022 --> 00:18:37,122 Thank you, captain. Nothing further. 356 00:18:37,606 --> 00:18:41,218 As a duty captain, you're responsible for the safety of both the inmates 357 00:18:41,253 --> 00:18:43,306 - and the staff, right? - Yes. 358 00:18:43,341 --> 00:18:47,038 And during your shifts, it's your job to know what's going on in the cellblocks. 359 00:18:47,073 --> 00:18:48,315 - Sure. - So you know, for example, 360 00:18:48,350 --> 00:18:50,766 that gangs are a part of jailhouse life. 361 00:18:50,801 --> 00:18:52,201 - Yes. - In fact, 362 00:18:52,281 --> 00:18:54,717 DOC has an entire gang intelligence unit 363 00:18:54,752 --> 00:18:57,806 devoted to monitoring gangs and gang members. 364 00:18:57,841 --> 00:18:59,456 - Yes, we do. - And to your knowledge, 365 00:18:59,491 --> 00:19:02,404 was Jawara Obasi part of a gang? 366 00:19:05,353 --> 00:19:06,456 I don't believe so. 367 00:19:06,492 --> 00:19:08,366 But Antonio Lozado sure was, right? 368 00:19:08,401 --> 00:19:12,000 - Yes. - In fact, Antonio was a "third crown" 369 00:19:12,132 --> 00:19:14,288 of a gang called the Latin Kings. 370 00:19:14,323 --> 00:19:16,723 I don't know about his rank. 371 00:19:19,293 --> 00:19:21,342 I'm guessing that means redirect? 372 00:19:21,458 --> 00:19:24,081 Just one more thing. Was is it your testimony that Mr. Obasi 373 00:19:24,116 --> 00:19:25,887 was not a member of the Bloods? 374 00:19:25,922 --> 00:19:28,662 No, only that I had no specific intelligence 375 00:19:28,697 --> 00:19:31,747 to indicate that he was affiliated with that gang. 376 00:19:31,932 --> 00:19:34,374 Then again, gang membership is fluid. 377 00:19:34,409 --> 00:19:37,268 In your experience, do gangs usually recruit outsiders 378 00:19:37,303 --> 00:19:38,985 to do their dirty work? 379 00:19:39,020 --> 00:19:40,782 No. They like to... 380 00:19:41,434 --> 00:19:43,248 Keep it in the family. 381 00:19:45,351 --> 00:19:47,864 $3,000? That's your offer? 382 00:19:48,010 --> 00:19:51,305 How much exactly do you think a jury is going to award 383 00:19:51,340 --> 00:19:54,645 a homeless alcoholic for a few days in jail? 384 00:19:54,680 --> 00:19:56,819 There are six separate unlawful arrests. 385 00:19:56,854 --> 00:19:59,201 And we'll certainly be looking into the confusion 386 00:19:59,236 --> 00:20:01,056 over the legality of those charges. 387 00:20:01,091 --> 00:20:02,500 The confusion? 388 00:20:02,942 --> 00:20:06,378 Uh, I'm sorry, it's not confusion when the police continue 389 00:20:06,413 --> 00:20:09,947 to knowingly use a criminal statute that a federal judge has struck down. 390 00:20:09,980 --> 00:20:14,108 Do you really think that if, on any given night, someone offered your client 391 00:20:14,143 --> 00:20:18,837 500 bucks to sleep in jail, he wouldn't have jumped at the chance? 392 00:20:18,864 --> 00:20:21,463 In your scenario, he has a choice. 393 00:20:21,755 --> 00:20:23,982 We'll make it $3,500. 394 00:20:24,313 --> 00:20:26,325 Take it to your client. 395 00:20:26,393 --> 00:20:29,619 My guess is he'll appreciate the money a lot more than you do. 396 00:20:29,752 --> 00:20:32,028 You can't pick off plaintiffs just because they're poor. 397 00:20:32,063 --> 00:20:36,042 Well, I think, uh, we should all take some time and reconvene. 398 00:20:36,315 --> 00:20:38,475 - We'll talk to our client. - You know what? 399 00:20:38,510 --> 00:20:41,231 Try and settle this cheap, and I will have another plaintiff by tomorrow 400 00:20:41,266 --> 00:20:43,764 - and a dozen more by Monday. - That would be a mistake. 401 00:20:43,799 --> 00:20:45,381 - Okay, Ms. Nusblatt. - I've already taken steps 402 00:20:45,416 --> 00:20:47,086 to have this certified as a class-action lawsuit. 403 00:20:47,121 --> 00:20:50,738 New York city has 17 divisions, over 700 lawyers in our law department. 404 00:20:50,773 --> 00:20:52,963 - Thank you for your time. - It's gonna cost you half a million 405 00:20:52,998 --> 00:20:55,264 - just to litigate. - Ashley, be quiet. 406 00:20:55,299 --> 00:20:58,126 And we'll drag it out so long your client will be dead 407 00:20:58,161 --> 00:21:01,007 or in rehab before he sees a cent. 408 00:21:01,042 --> 00:21:03,176 And I'll call the press. 409 00:21:14,021 --> 00:21:16,496 - What the hell was that?! - No pain. No gain. 410 00:21:16,531 --> 00:21:18,476 No, you completely blew it in there. 411 00:21:18,511 --> 00:21:21,108 Did you see the look on that woman's face when I trotted out the class action? 412 00:21:21,143 --> 00:21:22,383 That was priceless! 413 00:21:22,422 --> 00:21:24,987 For you, maybe. But where does that leave Frankie, huh? 414 00:21:25,022 --> 00:21:26,772 Where does that leave the statute? 415 00:21:26,807 --> 00:21:28,438 In the same place it was before we went in there. 416 00:21:28,473 --> 00:21:32,756 No, you squandered an opportunity to make it better because you wanted to show how tough you could be. 417 00:21:32,791 --> 00:21:36,144 You let your ego get in the way of our client's interest. 418 00:21:36,291 --> 00:21:37,320 Wha... 419 00:21:41,752 --> 00:21:44,464 Jerry, here's your expert in Jawara's case. 420 00:21:44,499 --> 00:21:45,826 Thanks for rescuing me. 421 00:21:45,861 --> 00:21:47,864 I was waiting out in the hall like an idiot. 422 00:21:47,899 --> 00:21:50,148 - Professor Castillo? - "Doris." it's easier. 423 00:21:50,166 --> 00:21:51,522 Jerry Kellerman. 424 00:21:52,117 --> 00:21:53,657 Uh, get you anything, Doris? 425 00:21:53,692 --> 00:21:55,892 - No, I'm good. Thanks. - Okay. 426 00:21:57,264 --> 00:22:00,142 Let's, uh, get you seated here. I'm sorry. 427 00:22:00,189 --> 00:22:03,618 Ah, you use my filing system... whatever you can reach. 428 00:22:03,653 --> 00:22:05,762 Yeah, sorry about that. 429 00:22:05,799 --> 00:22:09,148 And I don't know why I thought for some reason that you'd be ... 430 00:22:09,252 --> 00:22:10,473 Older? 431 00:22:10,962 --> 00:22:13,404 Yeah. It's my grandmother's name... deceptive. 432 00:22:13,439 --> 00:22:15,150 Ah. I was named after my grandfather. 433 00:22:15,185 --> 00:22:16,349 Oh, nice. 434 00:22:16,520 --> 00:22:19,608 Something else we have in common besides our mutual friend. 435 00:22:19,643 --> 00:22:22,745 Oh, did Charlie tell you that we're in the same Shakespeare group? 436 00:22:22,780 --> 00:22:25,267 - Somehow he left that out. - Ah, you should come as a guest. 437 00:22:25,302 --> 00:22:26,544 Wildest night of the month, I promise. 438 00:22:26,579 --> 00:22:28,457 I'm sure. Here. 439 00:22:28,571 --> 00:22:29,866 Oh, great. 440 00:22:30,371 --> 00:22:32,655 Okay. We're gonna need some more room. 441 00:22:33,149 --> 00:22:34,150 Yeah. 442 00:22:34,212 --> 00:22:36,807 What do you say we hit the conference room, maybe order some food? 443 00:22:36,842 --> 00:22:38,542 Or we could just go out. 444 00:22:38,583 --> 00:22:39,954 Great Chinese at hop-yee. 445 00:22:40,000 --> 00:22:42,167 - I love that place! - All right. 446 00:22:42,202 --> 00:22:45,021 - All right, hop-yee it is. - Okay. Come on. 447 00:22:47,959 --> 00:22:49,013 Thank you. 448 00:23:03,300 --> 00:23:05,813 In order to stave off a larger conflict, 449 00:23:05,848 --> 00:23:10,497 gangs will often recruit an unaffiliated member to carry out an assault. 450 00:23:11,119 --> 00:23:12,275 Why? 451 00:23:12,351 --> 00:23:14,334 To avoid an all-out conflict. 452 00:23:14,369 --> 00:23:18,063 The attacker becomes the focus of the revenge rather than the gang. 453 00:23:18,098 --> 00:23:19,805 It's waging war by proxy. 454 00:23:19,840 --> 00:23:22,645 In your experience, how does this happen? 455 00:23:22,680 --> 00:23:24,553 We've recorded multiple methodologies, 456 00:23:24,588 --> 00:23:27,168 because the situational use of violence is central 457 00:23:27,203 --> 00:23:29,718 to both the order and hierarchy of prisons. 458 00:23:29,753 --> 00:23:31,865 Miss Castillo, in English? 459 00:23:33,000 --> 00:23:34,446 Sorry. 460 00:23:34,589 --> 00:23:35,965 Generally, 461 00:23:36,472 --> 00:23:40,172 they'll beat the crap out of someone until they do what they're told. 462 00:23:40,532 --> 00:23:43,631 Now, based on your experience and research, 463 00:23:43,666 --> 00:23:47,475 is it reasonable to be afraid of gang violence? 464 00:23:48,401 --> 00:23:52,968 It's hard to understate just how prevalent sexual and physical violence can be. 465 00:23:53,003 --> 00:23:56,503 In fact, research suggests that there are actually more rapes 466 00:23:56,551 --> 00:23:58,933 inside a prison every year than outside. 467 00:23:58,968 --> 00:24:00,434 Objection. 468 00:24:00,478 --> 00:24:03,941 Let's keep it focused on the case at hand, Miss Castillo. 469 00:24:05,071 --> 00:24:06,321 Sorry, judge. 470 00:24:07,062 --> 00:24:11,965 My research suggests that weaker inmates, 471 00:24:12,063 --> 00:24:16,132 when faced with an environment where there is no escape and no safety, 472 00:24:16,167 --> 00:24:20,417 are quite likely to be forced into sex, violence, or both. 473 00:24:20,784 --> 00:24:21,804 And one last thing... 474 00:24:21,839 --> 00:24:25,442 in your research, did you become familiar with gang signs and rituals? 475 00:24:25,621 --> 00:24:28,763 - Yes. - What does "blood in, blood out" mean? 476 00:24:29,318 --> 00:24:32,707 It's a credo of the Bloods. You are beaten up on admission, 477 00:24:32,742 --> 00:24:36,468 and you only get out when you die or shed your blood for the gang. 478 00:24:36,667 --> 00:24:37,533 Okay. 479 00:24:38,085 --> 00:24:39,197 Thank you. 480 00:24:55,428 --> 00:24:56,566 Hey, Nick. 481 00:25:00,740 --> 00:25:02,098 Degenerates. 482 00:25:05,451 --> 00:25:06,557 Nick. 483 00:25:06,789 --> 00:25:09,194 I got a call from the law department. 484 00:25:09,419 --> 00:25:10,825 About anything in particular? 485 00:25:10,860 --> 00:25:14,270 A class-action lawsuit about to be filed against the city, 486 00:25:14,305 --> 00:25:16,485 police department, and DA's office, 487 00:25:16,557 --> 00:25:18,989 alleging the DA's office pursued illegal charges? 488 00:25:19,024 --> 00:25:21,943 With all due respect, Nick, you did pursue illegal charges. 489 00:25:21,978 --> 00:25:24,667 And the point of going to the law department before filing 490 00:25:24,702 --> 00:25:26,415 is to give all of you a chance to keep it quiet. 491 00:25:26,450 --> 00:25:28,087 You should have come to me. 492 00:25:28,122 --> 00:25:31,210 We don't go outside the sandbox. We work things out boss-to-boss 493 00:25:31,245 --> 00:25:32,900 I thought you knew that. 494 00:25:33,329 --> 00:25:35,872 Look, if I thought for a minute that the DA's office 495 00:25:35,907 --> 00:25:38,262 had the power to compensate Mr. Lewis for wrongful arrest, 496 00:25:38,297 --> 00:25:40,358 false imprisonment, malicious prosecution ... 497 00:25:40,387 --> 00:25:42,537 - You underestimate me, Roz. - Do I? 498 00:25:42,809 --> 00:25:45,504 Did it ever occur to you that I have the power to re-arrest your client 499 00:25:45,539 --> 00:25:48,711 and every other potential plaintiff and charge them with aggressive panhandling? 500 00:25:48,746 --> 00:25:52,414 You are threatening to retaliate for a lawsuit by arresting the plaintiffs. 501 00:25:52,449 --> 00:25:54,096 Aggressive panhandling is a misdemeanor. 502 00:25:54,131 --> 00:25:57,637 That's 90 days. Not just 15. And it's perfectly constitutional, too. 503 00:25:57,676 --> 00:26:00,833 Stepped-up enforcement is a threat. It's not a solution. 504 00:26:00,868 --> 00:26:04,368 How about you address my real concerns here? 505 00:26:06,737 --> 00:26:09,256 - You want the loitering arrests to stop, right? - Yes. 506 00:26:09,385 --> 00:26:11,608 - I can stop them. - And compensation? 507 00:26:12,120 --> 00:26:15,735 You shelve the class action, get your client a conservator. 508 00:26:16,029 --> 00:26:18,754 The arrests will stop today. 509 00:26:19,960 --> 00:26:22,604 And I'll make sure your guy gets more than he deserves. 510 00:26:22,639 --> 00:26:24,936 - You can do that? - Watch me. 511 00:26:25,580 --> 00:26:27,840 Call me with numbers soon. 512 00:26:27,875 --> 00:26:29,197 I will. 513 00:26:30,676 --> 00:26:32,304 And next time... 514 00:26:33,740 --> 00:26:35,030 pick up the phone. 515 00:26:46,299 --> 00:26:48,541 The first beatdown was in the mess hall. 516 00:26:48,864 --> 00:26:50,405 What happened? 517 00:26:51,674 --> 00:26:54,339 This kid everybody calls "jiggle" 518 00:26:54,374 --> 00:26:56,774 smashed me in the side of the head with a tray. 519 00:26:58,090 --> 00:27:01,126 I went down, and everybody just started punching and kicking. 520 00:27:01,161 --> 00:27:02,833 What did you do? 521 00:27:02,952 --> 00:27:04,364 Covered up. 522 00:27:04,679 --> 00:27:08,146 The guards pulled me out, but my eye swelled shut, though. 523 00:27:08,181 --> 00:27:09,431 Were you afraid? 524 00:27:09,487 --> 00:27:11,737 Since the day I went in. 525 00:27:12,040 --> 00:27:13,240 Which was when? 526 00:27:13,399 --> 00:27:14,974 When I was wrongfully arrested for a crime I didn't ... 527 00:27:15,086 --> 00:27:16,631 - Objection! - Sustained. 528 00:27:16,664 --> 00:27:20,160 Stricken. Don't light a short fuse, Mr. Kellerman. 529 00:27:20,195 --> 00:27:21,795 Sorry, judge. 530 00:27:23,347 --> 00:27:25,847 Jawara, did you know why they beat you? 531 00:27:25,882 --> 00:27:26,922 No. 532 00:27:27,737 --> 00:27:31,013 they're taunting me like, 533 00:27:31,048 --> 00:27:34,464 "yo, look who's red on the inside. Yo, Barack, you like that?" 534 00:27:34,598 --> 00:27:38,053 Barack? Why? Because Obasi was your last name? 535 00:27:38,592 --> 00:27:41,435 'Cause I tried to keep my head down and make something of myself. 536 00:27:41,470 --> 00:27:44,113 They thought I acted superior. 537 00:27:44,450 --> 00:27:46,523 What did you do after the first beating? 538 00:27:46,558 --> 00:27:48,211 Asked the captain to move me. 539 00:27:48,246 --> 00:27:49,688 - Did he? - No. 540 00:27:51,025 --> 00:27:53,117 But three days later on the yard, 541 00:27:53,710 --> 00:27:56,084 these three kids grabbed me. 542 00:27:56,119 --> 00:27:58,222 They beat me so bad, I couldn't even walk, man. 543 00:27:58,257 --> 00:28:00,762 The COs, they had to carry me away. 544 00:28:01,080 --> 00:28:04,239 So, now, after the second beating, did you try to get moved? 545 00:28:04,274 --> 00:28:06,585 Yes. But it didn't work. 546 00:28:06,841 --> 00:28:09,808 Those guys just kept coming around me like I was one of them, saying, 547 00:28:09,843 --> 00:28:11,525 "blood in, blood out." 548 00:28:11,560 --> 00:28:13,010 W... what did you say? 549 00:28:13,052 --> 00:28:15,373 I never said even a word. 550 00:28:18,901 --> 00:28:20,425 Jawara... 551 00:28:21,051 --> 00:28:23,522 Why did you stab Antonio Lozado? 552 00:28:29,709 --> 00:28:32,061 After I got out of the infirmary, 553 00:28:32,515 --> 00:28:34,161 Jiggle comes by. 554 00:28:34,441 --> 00:28:35,813 Except, um... 555 00:28:38,648 --> 00:28:40,648 He starts talking about Idris, 556 00:28:41,242 --> 00:28:42,840 my little brother. 557 00:28:45,698 --> 00:28:48,998 He said the next time it was not just gonna be me. 558 00:28:51,991 --> 00:28:54,158 Um... Idris is a good kid, you know? 559 00:28:54,368 --> 00:28:56,824 He's, uh, he's only 14. 560 00:28:58,449 --> 00:29:01,349 Can you just, like, leave us alone?" And, uh... 561 00:29:04,281 --> 00:29:05,287 He said, 562 00:29:07,177 --> 00:29:09,177 "you want to get out? 563 00:29:09,240 --> 00:29:11,190 You're gonna have to do something for us." 564 00:29:11,458 --> 00:29:14,067 Stab Antonio Lozado. 565 00:29:18,656 --> 00:29:19,656 Yes. 566 00:29:21,257 --> 00:29:23,518 I am so sorry. 567 00:29:25,333 --> 00:29:26,417 Thank you. 568 00:29:30,835 --> 00:29:32,878 So, you melted a razor blade 569 00:29:32,913 --> 00:29:35,363 into the end of a sharpened toothbrush. 570 00:29:35,608 --> 00:29:37,232 Jiggle told me how. 571 00:29:37,267 --> 00:29:39,675 - But you're not a Blood. - No, sir. 572 00:29:39,710 --> 00:29:43,523 And then you used that weapon to attack a high-ranking member of another gang. 573 00:29:43,558 --> 00:29:45,053 Look, I was just trying to get out. 574 00:29:45,088 --> 00:29:47,563 You said you tried to get transferred to another facility. 575 00:29:47,598 --> 00:29:48,925 - Yes. - But you didn't provide 576 00:29:48,960 --> 00:29:51,572 any specific information about who was threatening you. 577 00:29:51,607 --> 00:29:53,224 I was afraid of being a snitch, okay? 578 00:29:53,249 --> 00:29:57,197 But in your own testimony, you said you were already being beaten. 579 00:29:57,232 --> 00:29:58,232 Yes. 580 00:29:59,025 --> 00:30:01,945 When you stuck that shiv in Mr. Lozado, 581 00:30:02,476 --> 00:30:04,316 were you being beaten? 582 00:30:07,919 --> 00:30:09,778 Right then, no. 583 00:30:10,331 --> 00:30:11,714 That day? 584 00:30:13,284 --> 00:30:14,290 No. 585 00:30:14,342 --> 00:30:16,392 When you pulled out that blade, 586 00:30:16,470 --> 00:30:20,470 there wasn't a gang member pointing a gun at you, was there? 587 00:30:20,547 --> 00:30:21,914 - No, sir. - In fact, 588 00:30:21,949 --> 00:30:25,302 there was no immediate threat whatsoever. Correct? 589 00:30:26,451 --> 00:30:30,351 They said they were gonna beat me, maybe even kill me... 590 00:30:31,020 --> 00:30:32,766 and hurt my little brother, man. 591 00:30:32,801 --> 00:30:34,936 Your hand held that shiv. No one else. 592 00:30:35,072 --> 00:30:37,259 But I didn't have a choice. 593 00:30:37,457 --> 00:30:40,058 Yes. Actually, you did. 594 00:30:43,689 --> 00:30:45,430 I didn't have a ch... 595 00:30:59,255 --> 00:31:02,574 I can make you do crazy things ... 596 00:31:04,109 --> 00:31:07,159 confess your darkest secrets... 597 00:31:07,219 --> 00:31:09,369 Betray your closest friends... 598 00:31:10,710 --> 00:31:13,655 Run faster than you've ever run before. 599 00:31:13,911 --> 00:31:17,075 I can make your heart pound, your hands tremble. 600 00:31:18,760 --> 00:31:20,510 In my grip... 601 00:31:21,825 --> 00:31:23,375 You'll do anything. 602 00:31:24,040 --> 00:31:25,109 I... 603 00:31:26,119 --> 00:31:27,319 Am fear. 604 00:31:29,222 --> 00:31:31,732 How many times did he have to take a beating? 605 00:31:31,767 --> 00:31:33,467 How many black eyes? 606 00:31:33,550 --> 00:31:35,128 Cracked ribs? 607 00:31:35,310 --> 00:31:37,310 How many bruises? Threats? 608 00:31:38,473 --> 00:31:39,836 How many people 609 00:31:40,290 --> 00:31:45,210 had to ignore his desperate pleas for help before it became clear to Jawara Obasi 610 00:31:46,597 --> 00:31:48,347 that he'd been abandoned 611 00:31:48,539 --> 00:31:51,526 in a place where the only language was violence, 612 00:31:53,156 --> 00:31:55,659 a place where he had nowhere to turn? 613 00:31:55,730 --> 00:31:57,474 There's a word... 614 00:31:58,789 --> 00:32:01,189 that describes the desperation, 615 00:32:01,365 --> 00:32:02,815 abandonment, 616 00:32:02,850 --> 00:32:05,858 and terror it takes to stab a murderous, 617 00:32:05,893 --> 00:32:09,393 violent gang leader in the middle of a cellblock. 618 00:32:12,310 --> 00:32:14,008 That word 619 00:32:14,519 --> 00:32:16,884 is "duress." 620 00:32:18,073 --> 00:32:20,317 Responsibility is a simple concept. 621 00:32:20,352 --> 00:32:23,433 It means accepting the consequences of the things that you do. 622 00:32:23,510 --> 00:32:28,215 It is as central to an organized society as the freedom to act. 623 00:32:29,901 --> 00:32:31,989 On a December day in cellblock 6 624 00:32:32,024 --> 00:32:35,245 in the Manhattan detention complex, Jawara Obasi acted. 625 00:32:35,280 --> 00:32:39,124 He pried a tiny razor blade out of a cheap, disposable razor, 626 00:32:39,460 --> 00:32:42,908 melted it into the end of a meticulously sharpened toothbrush, 627 00:32:42,943 --> 00:32:47,543 and thrust it so deep into Antonio Lozado, it punctured a lung. 628 00:32:47,847 --> 00:32:48,847 Now, 629 00:32:49,000 --> 00:32:52,105 Mr. Kellerman can try to blame prison conditions or gang violence 630 00:32:52,140 --> 00:32:54,887 for what Jawara Obasi did. 631 00:32:54,922 --> 00:32:58,531 But those are excuses, not defenses. 632 00:32:58,862 --> 00:33:02,194 Jawara Obasi chose to attack another inmate 633 00:33:02,416 --> 00:33:05,505 and say it wasn't his fault. But it was. 634 00:33:05,573 --> 00:33:08,856 No one had a gun to his head. No one had a hand at his throat. 635 00:33:08,909 --> 00:33:11,442 When he plunged that shank into Mr. Lozado, 636 00:33:11,516 --> 00:33:14,261 the only hand on that weapon was his. 637 00:33:15,056 --> 00:33:16,178 His shank... 638 00:33:16,640 --> 00:33:17,771 His hand... 639 00:33:18,320 --> 00:33:19,873 His fault... 640 00:33:19,960 --> 00:33:22,178 His responsibility... 641 00:33:23,944 --> 00:33:25,180 His crime. 642 00:33:33,921 --> 00:33:36,942 So, I don't think I actually said I was sorry. 643 00:33:37,841 --> 00:33:39,117 Apology accepted. 644 00:33:40,320 --> 00:33:42,433 I just get pissed off, and then all of a sudden, my mouth 645 00:33:42,466 --> 00:33:43,966 moves faster than my brain and ... 646 00:33:44,003 --> 00:33:46,223 you have to learn to play the long game. 647 00:33:47,846 --> 00:33:50,898 Which is why you totally folded on the class action? 648 00:33:51,289 --> 00:33:53,818 You realize you're doing it again, right? 649 00:33:53,853 --> 00:33:55,706 Right. Sorry. 650 00:33:55,898 --> 00:33:57,905 Actually, Frankie's getting a substantial settlement. 651 00:33:58,614 --> 00:34:01,026 Yeah, but we really only helped one guy. 652 00:34:01,063 --> 00:34:03,462 We punted on the larger issue. 653 00:34:07,001 --> 00:34:08,025 Come with me. 654 00:34:08,596 --> 00:34:10,157 - Why? Where are we going? - Just come on. 655 00:34:10,575 --> 00:34:12,411 I don't like surprises. 656 00:34:12,678 --> 00:34:14,589 You're gonna like this one. Promise. 657 00:34:15,692 --> 00:34:17,218 Hey. I heard your summation rocked. 658 00:34:17,231 --> 00:34:18,806 Let's hope the jury thought so. 659 00:34:18,830 --> 00:34:20,512 - Good luck. - Thanks. 660 00:34:26,320 --> 00:34:28,491 You ever tried an arson 1? 661 00:34:28,511 --> 00:34:29,861 Uh, arson, sure. 662 00:34:30,666 --> 00:34:33,357 An arson 1 with an incendiary device? 663 00:34:33,411 --> 00:34:34,926 Uh, what? Sorry. 664 00:34:35,013 --> 00:34:38,264 Yeah, a molotov cocktail. Why? What do you need? 665 00:34:38,358 --> 00:34:41,115 - I'm challenging the admissibility ... - Sorry. Just a sec. 666 00:34:41,310 --> 00:34:43,394 Hello? Hey, Doris. 667 00:34:43,808 --> 00:34:46,126 Uh, no, no. Still waiting. 668 00:34:47,823 --> 00:34:49,344 Yeah, absolutely. 669 00:34:49,669 --> 00:34:51,947 No, no, no, you were... you were terrific. 670 00:34:53,292 --> 00:34:55,840 Yeah, that sounds great. Sure. Perfect. 671 00:34:56,701 --> 00:34:57,765 Okay, bye. 672 00:34:58,752 --> 00:35:01,307 - Sorry. You were saying? - Just forget it. 673 00:35:01,339 --> 00:35:04,285 I'm sure you have more important things on your mind. 674 00:35:05,557 --> 00:35:08,440 - It was a phone call. - Just forget it, okay? 675 00:35:13,788 --> 00:35:15,251 What is with you? 676 00:35:15,889 --> 00:35:17,674 Jerry, your jury's back. 677 00:35:18,518 --> 00:35:21,031 Better call Doris back. I'm sure she'll want to know. 678 00:35:24,652 --> 00:35:26,495 I... I waited for you. 679 00:35:26,917 --> 00:35:30,251 I wanted you and I waited for you. You pushed me away, 680 00:35:31,003 --> 00:35:33,486 not the other way around. 681 00:35:55,229 --> 00:35:57,460 Whiskey! Come here. Come on. Get down. 682 00:35:57,682 --> 00:36:00,712 Hey, Frankie. So, what do you think? 683 00:36:00,861 --> 00:36:02,816 Are you kidding, man? It's an apartment. 684 00:36:02,879 --> 00:36:04,498 Yeah, well, could be your apartment. 685 00:36:04,914 --> 00:36:08,217 That's what you say. I'm still waiting to see how. 686 00:36:08,408 --> 00:36:12,919 The court-appointed conservator took an advance against the settlement. 687 00:36:13,619 --> 00:36:16,651 - And he's gonna pay my rent. - And take care of other expenses. 688 00:36:16,802 --> 00:36:20,250 You know, if you're careful, the 60 grand should cover you for 4, 689 00:36:20,599 --> 00:36:22,399 maybe even 5 years. 690 00:36:22,623 --> 00:36:25,660 - So it's done? - Pretty much. 691 00:36:25,872 --> 00:36:28,556 We'll get you a bed, some furniture from Nycha. 692 00:36:28,580 --> 00:36:29,967 Man, I don't need all that. 693 00:36:30,019 --> 00:36:33,236 Yeah, well, we're gonna get it for you anyway, okay? I want you to have a bed. 694 00:36:33,282 --> 00:36:36,369 All I need is Whiskey, man. You're sure he can stay here? 695 00:36:36,404 --> 00:36:39,509 It's right in the lease ... "one dog, not to exceed 100 pounds." 696 00:36:39,558 --> 00:36:40,829 So, what I got to do? 697 00:36:41,004 --> 00:36:44,128 Well, keep Whiskey under 100 pounds. 698 00:36:45,453 --> 00:36:47,355 Just say you'll take it. 699 00:36:51,055 --> 00:36:52,422 I'll take it. 700 00:36:59,567 --> 00:37:02,081 I've been on the street so long, man. 701 00:37:02,340 --> 00:37:04,875 I never thought I'd see me with my own place again. 702 00:37:05,198 --> 00:37:06,827 Yeah, well... 703 00:37:07,655 --> 00:37:08,944 Now you do. 704 00:37:10,345 --> 00:37:11,231 Thank you. 705 00:37:16,366 --> 00:37:18,423 Actually, thank her. 706 00:37:18,751 --> 00:37:20,242 Thank you, miss. 707 00:37:20,411 --> 00:37:22,103 Oh, I didn't do anything. 708 00:37:22,444 --> 00:37:24,357 Just say, "you're welcome." 709 00:37:26,103 --> 00:37:27,333 You're welcome. 710 00:37:33,379 --> 00:37:35,002 Will the defendant please rise? 711 00:37:40,881 --> 00:37:44,086 In the matter of the people of the state of New York vs. Jawara Obasi, 712 00:37:44,308 --> 00:37:47,136 on the first count of the indictment, charging assault in the first degree, 713 00:37:47,358 --> 00:37:49,145 how does the jury find? 714 00:37:49,227 --> 00:37:50,545 We find the defendant... 715 00:37:50,580 --> 00:37:52,102 Guilty, Your Honor. 716 00:39:19,986 --> 00:39:24,620 * Ooh, the sun is sinking low 717 00:39:26,685 --> 00:39:31,996 * and the hour is getting late 718 00:39:33,747 --> 00:39:39,676 * and you need something that I can't live without 719 00:39:41,794 --> 00:39:45,623 * but I'll give it anyways 720 00:39:51,729 --> 00:39:56,958 * you're really in trouble this time 721 00:40:01,373 --> 00:40:02,911 You found me. 722 00:40:03,058 --> 00:40:04,718 You left me a map. 723 00:40:05,674 --> 00:40:07,483 I'm glad you're here. 724 00:40:11,484 --> 00:40:12,758 Your guy walk? 725 00:40:16,381 --> 00:40:20,888 You know those cases where months or years later, 726 00:40:22,288 --> 00:40:23,716 you're... you're just, like, eating a sandwich and ... 727 00:40:23,797 --> 00:40:27,189 and you think, "damn, that guy's still in prison." 728 00:40:28,001 --> 00:40:29,680 Yeah. Exactly. 729 00:40:29,938 --> 00:40:34,135 - Ronaldo Vasquez, Branford Duncan. - Jawara Obasi. 730 00:40:35,791 --> 00:40:38,639 He's gonna be one of those. 731 00:40:39,563 --> 00:40:42,231 - I'm sorry. - It was a great defense. 732 00:40:42,393 --> 00:40:45,490 And he couldn't have had a better lawyer. 733 00:40:45,543 --> 00:40:48,257 Now you're just trying to make me feel better. 734 00:40:50,490 --> 00:40:52,253 I think... 735 00:40:53,070 --> 00:40:54,729 I can improve on that. 736 00:41:00,797 --> 00:41:03,281 I thought I was gonna have to give up on you. 737 00:41:03,743 --> 00:41:06,279 Well, I'm glad you didn't. 738 00:41:06,774 --> 00:41:08,613 Are we gonna have to talk about this? 739 00:41:09,016 --> 00:41:10,650 I don't if you don't. 740 00:41:12,885 --> 00:41:17,492 Transcripted by chamallow35 741 00:41:18,152 --> 00:41:23,902 Transcripted by chamallow35 742 00:41:24,740 --> 00:41:30,482 www.addic7ed.com 743 00:41:31,147 --> 00:41:36,817 www.addic7ed.com 744 00:42:21,708 --> 00:42:26,927 www.addic7ed.com 745 00:42:26,977 --> 00:42:31,527 Repair and Synchronization by Easy Subtitles Synchronizer 1.0.0.0 59580

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