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1
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www.addic7ed.com
2
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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,
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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
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