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In the criminal justice system,
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the people are represented
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00:00:12,800 --> 00:00:15,190
by two separate,
yet equally important groups:
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00:00:15,190 --> 00:00:17,020
the police,
who investigate crime,
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00:00:17,020 --> 00:00:19,890
and the district attorneys,
who prosecute the offenders.
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00:00:19,890 --> 00:00:21,760
These are their stories.
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00:00:25,900 --> 00:00:27,070
Hey, you!
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00:00:27,070 --> 00:00:28,720
Hey! Hold on a minute!
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00:00:28,720 --> 00:00:29,940
Hands in the air!
- Oh, hey! Wait! Whoa!
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00:00:29,940 --> 00:00:31,250
- Now!
- Hey, guys!
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00:00:31,250 --> 00:00:32,860
Whoa! On a job!
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00:00:32,860 --> 00:00:35,080
I'm headed to a murder scene
right around the corner.
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00:00:35,080 --> 00:00:36,510
And what'd I say
about those hands?
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Officer,
they're still in the air, OK?
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I'm a detective with the 2-7.
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00:00:41,300 --> 00:00:43,090
- Hey, get on the ground.
- There's no need for that.
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00:00:43,090 --> 00:00:44,170
You gotta listen
to what I'm saying.
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00:00:44,170 --> 00:00:45,780
You heard him.
Down on the ground.
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00:00:45,780 --> 00:00:46,960
Do it now.
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00:00:46,960 --> 00:00:47,960
You can put the weapon down.
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00:00:47,960 --> 00:00:50,140
I'm with the 2-7.
I'm a detective.
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My shield is in my coat.
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00:00:51,660 --> 00:00:55,660
I'm just gonna
show you my shield, OK?
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00:00:55,660 --> 00:00:57,450
This doesn't have to escalate.
- Don't do it.
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00:00:57,450 --> 00:00:59,020
- Hey! Hey!
- No, listen!
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00:00:59,020 --> 00:01:00,540
Listen to me!
- Calm down!
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00:01:00,540 --> 00:01:02,060
- You're making a mistake!
- Stand still!
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00:01:02,060 --> 00:01:03,630
- Stop moving! Comply!
- Hey! Hey! Hey!
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00:01:03,630 --> 00:01:05,150
What the hell are you doing?
What the hell are you doing?
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00:01:05,150 --> 00:01:07,810
That's my partner!
We're on the job!
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We're detectives of the 2-7!
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Get off him!
- Get the hell off me!
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00:01:10,980 --> 00:01:12,290
- Hey, back off!
- That's my partner!
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What the hell
is wrong with you?
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00:01:13,290 --> 00:01:14,640
- What's wrong with us?
- Idiot!
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Idiot!
What is wrong with you?
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Why? Why?
- Easy, easy, easy, easy.
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What's wrong with you,
you idiot?
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We thought
he was a murder suspect!
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- Why? Why did you think that?
- Jalen, easy. Easy.
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00:01:23,690 --> 00:01:24,870
- Did you see what he just did?
- Yes, I did.
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Hey, a lot of people
say they're cops.
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Do they have a badge?
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00:01:27,570 --> 00:01:29,260
It's just
a misunderstanding, OK?
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We're just trying
to do our jobs, bro.
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- Yeah, doing our jobs.
- Taking your badges down.
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00:01:33,220 --> 00:01:34,790
- Don't do that. Come on.
- That's not your job!
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- Guys, get out of here.
- This is not over.
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00:01:36,710 --> 00:01:38,750
- I said get out of here!
- Hey, you're gonna be sorry!
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00:01:38,750 --> 00:01:41,450
- We're gonna be sorry, huh?
- You're gonna be sorry!
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- Just walk away!
- Get the hell out of here!
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Jalen. Jalen, easy, easy.
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I know. Easy.
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You good?
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00:01:53,030 --> 00:01:54,460
Yeah.
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00:01:54,460 --> 00:01:57,420
Just another day in paradise.
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00:02:48,170 --> 00:02:50,740
Likely cause of death is
blunt force trauma to the head.
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00:02:50,740 --> 00:02:53,740
Ooh, smells like
he took a bath in merlot.
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00:02:53,740 --> 00:02:57,700
That bottle is probably
the murder weapon.
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You think?
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00:02:59,000 --> 00:03:00,660
Bag that.
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00:03:00,660 --> 00:03:03,310
Get it over to the lab.
Check the DNA.
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00:03:03,310 --> 00:03:05,920
- Any witnesses?
- None so far.
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00:03:07,540 --> 00:03:08,800
Who found the body?
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00:03:08,800 --> 00:03:10,360
A sanitation worker.
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00:03:10,360 --> 00:03:12,980
A lot of door cams
on this block.
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00:03:12,980 --> 00:03:14,930
Get a video canvass
of the area as well.
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00:03:14,930 --> 00:03:18,890
Oh, the killer left
a $5,000 watch.
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00:03:18,890 --> 00:03:20,370
And his cell phone.
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Not a robbery.
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00:03:22,330 --> 00:03:24,860
- Is that the wallet?
- Yeah.
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00:03:28,640 --> 00:03:30,380
Still got cash
and credit cards.
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00:03:30,380 --> 00:03:32,340
Darian Marshall, MD.
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A doctor.
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What's that Bible saying?
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He saved others,
but he couldn't save himself.
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Hey.
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00:03:54,060 --> 00:03:55,800
How's it going?
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00:03:58,630 --> 00:04:00,810
- What are you doing here?
- Peace offering.
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00:04:02,550 --> 00:04:04,160
I came here to apologize.
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Yeah, I see that.
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00:04:05,850 --> 00:04:07,860
You're not much
for small talk.
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Correct.
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00:04:10,290 --> 00:04:11,430
OK.
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I'm up for detective.
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00:04:15,520 --> 00:04:17,610
You filing a complaint against
me is not going to help,
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so I'm asking you to look past
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my unfortunate and emotional
reaction to the situation.
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00:04:25,400 --> 00:04:27,440
We were looking for a killer.
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00:04:27,440 --> 00:04:29,010
Tensions were high.
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00:04:29,010 --> 00:04:31,660
Yeah. Then along came
a big, strapping brother,
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so he'll do, right?
- That's not what I--
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00:04:33,400 --> 00:04:36,670
You had your guns drawn,
pointed at me.
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00:04:36,670 --> 00:04:38,710
You didn't even give me
a chance to show you my badge.
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00:04:38,710 --> 00:04:40,500
We thought we were
staring down the suspect
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00:04:40,500 --> 00:04:41,760
of a murder investigation.
- No, no, no, no, no.
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00:04:41,760 --> 00:04:44,370
You knew you were
looking at a Black man,
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00:04:44,370 --> 00:04:45,760
and you assumed
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that he was a subject
of a murder investigation.
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00:04:47,900 --> 00:04:50,460
For all you knew, it could
have been a 5' white woman.
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00:04:50,460 --> 00:04:51,990
It's always about race.
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00:04:51,990 --> 00:04:54,770
It always is with you guys,
isn't it?
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00:04:54,770 --> 00:04:56,170
Do what you gotta do, Detective,
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00:04:56,170 --> 00:04:58,650
but I'd think real hard
about your next move.
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00:05:01,740 --> 00:05:03,350
You threatening me?
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I'm just saying,
this is the brotherhood.
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Brotherhood based
on the color blue.
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Victim is a heart surgeon.
As of now, no witnesses.
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- Video?
- Nothing so far.
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Any indication
it was a mugging?
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Victim had a wallet
full of cash in his pocket
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and expensive jewelry on,
so I don't think so.
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Maybe it was
a drug deal gone bad.
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00:05:33,860 --> 00:05:37,640
It's possible, but he was
a cardiothoracic surgeon,
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so why--
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Just riffing here, Jalen.
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Not a lot of trafficking
in that area, Lieu.
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There was no paraphernalia
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00:05:51,830 --> 00:05:54,620
or residue
in the victim's possessions,
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00:05:54,620 --> 00:05:57,310
and there was no drugs
or alcohol in his system.
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00:05:57,310 --> 00:05:59,050
- ME give a time of death?
- Yeah.
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Sometime between
9:00 p.m. and midnight.
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00:06:01,400 --> 00:06:02,410
What else do we know
about the vic?
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00:06:02,410 --> 00:06:03,670
Divorced.
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00:06:03,670 --> 00:06:05,280
Lived and worked
in the Upper East Side.
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00:06:05,280 --> 00:06:07,280
Any reason why he was down
in the meatpacking district?
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00:06:07,280 --> 00:06:09,500
Not yet, but we are
running his financials.
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00:06:09,500 --> 00:06:10,940
Put together a timeline.
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00:06:10,940 --> 00:06:12,890
We'll start at the hospital
where he worked.
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00:06:22,560 --> 00:06:25,690
Down to earth, friendly.
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00:06:25,690 --> 00:06:28,300
Dr. Marshall was one
of the good ones.
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00:06:28,300 --> 00:06:32,000
Always made a point of asking
about my wife and kids.
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00:06:34,090 --> 00:06:35,530
There it is.
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00:06:37,090 --> 00:06:40,180
Time stamp says
he left at 7:42 p.m.
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00:06:40,180 --> 00:06:41,530
Look at that guy.
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00:06:41,530 --> 00:06:43,450
He seems to be
following Dr. Marshall.
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00:06:43,450 --> 00:06:45,410
Do you have any video
from outside?
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00:06:45,410 --> 00:06:46,970
Check it out.
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00:06:46,970 --> 00:06:49,540
Yeah, Marshall's
talking to that guy.
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00:06:49,540 --> 00:06:51,240
Who is he?
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00:06:51,240 --> 00:06:52,980
His name's Hopkins.
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00:06:52,980 --> 00:06:56,020
He's a doctor.
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00:06:56,020 --> 00:06:58,330
Thank you.
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00:06:58,330 --> 00:07:00,460
I heard what happened.
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00:07:00,460 --> 00:07:03,290
Tragic. A real loss.
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00:07:03,290 --> 00:07:06,640
But I'm not sure
how I can help.
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00:07:06,640 --> 00:07:08,860
Dr. Hopkins, is there
anyone you can think of
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00:07:08,860 --> 00:07:10,950
who wanted to hurt him?
- No.
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00:07:12,560 --> 00:07:14,170
I may not be
the right person to ask.
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00:07:14,170 --> 00:07:15,910
I didn't know him that well.
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00:07:15,910 --> 00:07:19,570
You worked together
for a couple of years.
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00:07:19,570 --> 00:07:22,050
Yeah.
How did you two get along?
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00:07:22,050 --> 00:07:24,970
We were cordial.
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00:07:26,790 --> 00:07:28,490
If I think of anything,
I'll let you know.
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00:07:28,490 --> 00:07:29,750
I need to get back
to my patients.
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00:07:29,750 --> 00:07:32,280
Oh, according
to the chief of surgery,
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you're not allowed
to see patients anymore, right?
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00:07:34,410 --> 00:07:36,110
You're on administrative duty.
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00:07:36,110 --> 00:07:39,020
And we understand
that Dr. Marshall had something
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00:07:39,020 --> 00:07:41,030
to do with that.
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00:07:41,030 --> 00:07:43,030
I think I'd like
to contact my attorney.
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I think that attorney should
meet you down to the precinct.
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00:07:50,210 --> 00:07:51,780
We got you on video
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00:07:51,780 --> 00:07:54,300
two hours
before Dr. Marshall was killed.
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00:07:54,300 --> 00:07:56,780
You were yelling at him.
You shoved him into a wall.
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00:07:56,780 --> 00:07:58,700
Plus, we know
that Dr. Marshall
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was accusing you of misconduct.
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00:08:01,130 --> 00:08:02,700
Said that you were
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00:08:02,700 --> 00:08:05,490
performing unnecessary
bypass surgeries on patients.
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00:08:05,490 --> 00:08:07,790
Dr. Hopkins will be
fully exonerated.
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00:08:07,790 --> 00:08:09,880
Dr. Marshall was scheduled
to testify against you.
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00:08:09,880 --> 00:08:11,750
I've done nothing wrong.
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I present the pros and cons
of the surgery,
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00:08:13,670 --> 00:08:16,150
and patients made
their own risk assessments.
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00:08:16,150 --> 00:08:18,500
Marshall's patients
didn't trust him.
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00:08:18,500 --> 00:08:21,720
A lot of them ended up coming
to me for second opinions.
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00:08:21,720 --> 00:08:23,890
So Dr. Marshall
cooked up a bunch of lies
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00:08:23,890 --> 00:08:25,810
to make himself look better.
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00:08:25,810 --> 00:08:28,380
The Department of Public
Health might beg to differ.
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00:08:28,380 --> 00:08:30,160
Come on.
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00:08:30,160 --> 00:08:32,640
Clearly, you had a bone
to pick with the man.
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00:08:32,640 --> 00:08:35,040
You're right.
I couldn't stand him.
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00:08:35,040 --> 00:08:37,820
He was sanctimonious, butted
into everyone's business,
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00:08:37,820 --> 00:08:39,430
but that doesn't mean
I killed him.
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00:08:39,430 --> 00:08:42,520
Where'd you go that night
after you left the hospital?
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00:08:42,520 --> 00:08:43,960
A theater.
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00:08:46,050 --> 00:08:49,010
Dr. Hopkins's alibi
checks out.
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00:08:49,010 --> 00:08:50,660
He went to the theater
with his wife.
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00:08:50,660 --> 00:08:53,840
Saw "Othello,"
in case you were wondering.
190
00:08:53,840 --> 00:08:56,320
Then they had dinner,
car service home.
191
00:08:56,320 --> 00:08:58,890
So I got ticket stubs, credit
card receipts, and video.
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00:08:58,890 --> 00:09:00,710
I just got
into the victim's phone.
193
00:09:00,710 --> 00:09:02,720
The last time he used it
was for a rideshare app.
194
00:09:02,720 --> 00:09:05,810
Car picked him up
at Mercy General at 7:48 p.m.
195
00:09:05,810 --> 00:09:07,590
- Where'd he go?
- A condo building
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00:09:07,590 --> 00:09:09,590
two blocks
from the crime scene.
197
00:09:09,590 --> 00:09:10,680
On our way.
198
00:09:10,680 --> 00:09:12,120
Nice work, Yee.
199
00:09:12,120 --> 00:09:14,770
Thanks.
200
00:09:14,770 --> 00:09:16,640
So you made up your mind?
201
00:09:16,640 --> 00:09:18,650
You gonna file the report?
202
00:09:18,650 --> 00:09:20,950
Not sure.
203
00:09:20,950 --> 00:09:23,480
Any words of wisdom
you wanna impart?
204
00:09:23,480 --> 00:09:25,220
Nothing
you haven't heard before.
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00:09:25,220 --> 00:09:27,440
Blue wall. Brotherhood.
206
00:09:27,440 --> 00:09:30,000
Best to resolve these things
off the record.
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00:09:30,000 --> 00:09:33,050
You know,
all those cop clichés.
208
00:09:33,050 --> 00:09:35,920
But they are clichés
for a reason.
209
00:09:35,920 --> 00:09:37,660
You're not saying I should
turn the other cheek, are you?
210
00:09:37,660 --> 00:09:40,140
I'm saying
that cops have long memories.
211
00:09:40,140 --> 00:09:41,450
But I'm white.
212
00:09:41,450 --> 00:09:43,320
Things like that never happen
to guys like me.
213
00:09:43,320 --> 00:09:45,630
- Nope.
- But...
214
00:09:49,410 --> 00:09:52,640
If you wanna press charges
and roll these pricks up,
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00:09:52,640 --> 00:09:54,720
I got your back till the end.
216
00:09:54,720 --> 00:09:56,330
Appreciate that, Frank.
217
00:10:05,950 --> 00:10:08,650
Darian and I had our issues,
but he was a good man.
218
00:10:08,650 --> 00:10:10,520
Worked really hard
to get where he was.
219
00:10:10,520 --> 00:10:12,960
He was a great father too.
220
00:10:12,960 --> 00:10:14,880
Please.
- Thank you.
221
00:10:14,880 --> 00:10:16,700
When did you two split up?
222
00:10:18,660 --> 00:10:21,450
We finalized the divorce
a couple months ago.
223
00:10:21,450 --> 00:10:24,060
And why did he come by here
last night?
224
00:10:24,060 --> 00:10:27,020
He came to see our daughter.
We just moved in.
225
00:10:27,020 --> 00:10:28,370
Darian had never
been here before.
226
00:10:28,370 --> 00:10:30,670
And how long did he stay?
227
00:10:30,670 --> 00:10:33,680
About an hour.
We all had dinner together.
228
00:10:33,680 --> 00:10:35,850
Did he happen to mention
where he was going afterwards?
229
00:10:35,850 --> 00:10:38,290
No.
230
00:10:38,290 --> 00:10:40,380
I kind of
rushed him out of here.
231
00:10:40,380 --> 00:10:45,120
My new boyfriend was
coming over, and he...
232
00:10:45,120 --> 00:10:46,910
I didn't want any drama.
233
00:10:46,910 --> 00:10:49,260
What?
Those two don't get along?
234
00:10:49,260 --> 00:10:50,560
No.
235
00:10:50,560 --> 00:10:53,870
Greg, my boyfriend,
he gets jealous.
236
00:10:53,870 --> 00:10:58,700
So Darian leaves, and then
your boyfriend comes over?
237
00:10:58,700 --> 00:11:00,050
Yeah.
238
00:11:00,050 --> 00:11:02,660
But he saw there were
three plates in the sink,
239
00:11:02,660 --> 00:11:05,750
knew Darian had just been here,
and he left.
240
00:11:05,750 --> 00:11:09,020
He just left because there
were three plates in the sink?
241
00:11:09,020 --> 00:11:11,540
Like I said,
he gets jealous of Darian.
242
00:11:11,540 --> 00:11:13,800
And how long did he stay?
243
00:11:13,800 --> 00:11:15,330
I don't know.
244
00:11:15,330 --> 00:11:16,850
Maybe ten minutes.
245
00:11:19,200 --> 00:11:21,990
We need to talk to Greg.
246
00:11:21,990 --> 00:11:23,770
Immediately.
247
00:11:28,040 --> 00:11:29,730
The guy was a pompous ass,
248
00:11:29,730 --> 00:11:31,910
always hanging
around my girlfriend.
249
00:11:31,910 --> 00:11:34,000
Couldn't just let her go,
live her life.
250
00:11:34,000 --> 00:11:35,830
They got a kid together.
251
00:11:35,830 --> 00:11:37,310
Yeah, I know.
252
00:11:37,310 --> 00:11:39,790
It wasn't just that.
It was his attitude too.
253
00:11:39,790 --> 00:11:42,220
He was always acting like he
was better than everyone else
254
00:11:42,220 --> 00:11:43,620
just because he was a doctor.
255
00:11:43,620 --> 00:11:45,230
- You see him last night?
- Whoa. Hold on.
256
00:11:45,230 --> 00:11:47,840
I didn't kill the guy if
that's what you're getting at.
257
00:11:47,840 --> 00:11:49,320
I didn't ask you that.
258
00:11:49,320 --> 00:11:51,360
Where'd you go after you
left your girlfriend's house?
259
00:11:51,360 --> 00:11:52,760
I came back here.
260
00:11:52,760 --> 00:11:54,410
Here?
261
00:11:54,410 --> 00:11:56,760
That's kind of late.
After 9:00?
262
00:11:56,760 --> 00:11:58,940
I sell security systems.
263
00:11:58,940 --> 00:12:00,940
Every night, I collect
all the data from the apps,
264
00:12:00,940 --> 00:12:03,330
the ones that report all
the local criminal activity,
265
00:12:03,330 --> 00:12:05,730
and I post the results
on social media.
266
00:12:05,730 --> 00:12:08,420
You report criminal activity
in this area?
267
00:12:08,420 --> 00:12:10,470
Things are
kind of tame around here.
268
00:12:10,470 --> 00:12:11,950
Not according to the apps.
269
00:12:11,950 --> 00:12:15,780
My orders have quadrupled
in the last three months.
270
00:12:15,780 --> 00:12:18,000
What can I say?
Fear's a powerful sales tactic.
271
00:12:18,000 --> 00:12:21,130
What can I say?
Alibis need verification.
272
00:12:21,130 --> 00:12:23,090
Sure.
273
00:12:23,090 --> 00:12:25,310
Three employees were
still working when I got here,
274
00:12:25,310 --> 00:12:26,660
plus,
I've got surveillance cameras
275
00:12:26,660 --> 00:12:28,530
inside and outside the office.
276
00:12:30,490 --> 00:12:32,710
Big surprise.
277
00:12:33,970 --> 00:12:35,620
We can cross Donnelly
off the list.
278
00:12:35,620 --> 00:12:37,230
He definitely was
at his office that night
279
00:12:37,230 --> 00:12:38,930
and didn't leave
till after midnight.
280
00:12:38,930 --> 00:12:40,240
Yeah, we checked on the posts
that he was talking about too.
281
00:12:40,240 --> 00:12:41,500
What kind of posts?
282
00:12:41,500 --> 00:12:42,940
There's these apps
that people use
283
00:12:42,940 --> 00:12:44,850
to report crimes in their area.
- My wife uses it.
284
00:12:44,850 --> 00:12:46,370
Checks out what's going on
in the neighborhood.
285
00:12:46,370 --> 00:12:47,810
Yeah,
so according to these apps,
286
00:12:47,810 --> 00:12:49,460
there was
three robberies reported
287
00:12:49,460 --> 00:12:52,120
in the vicinity
of Dr. Marshall's murder.
288
00:12:52,120 --> 00:12:53,690
We spoke to two of the vics.
289
00:12:53,690 --> 00:12:55,040
The first one,
bodega owner
290
00:12:55,040 --> 00:12:57,470
who accused a kid
of stealing a candy bar.
291
00:12:57,470 --> 00:13:00,610
The second one was
a 55-year-old divorceé
292
00:13:00,610 --> 00:13:03,350
who accused a Hispanic man
of looking at her funny.
293
00:13:03,350 --> 00:13:04,610
What about the third?
294
00:13:04,610 --> 00:13:06,260
Just found him,
and we're going there now.
295
00:13:06,260 --> 00:13:07,440
All right.
296
00:13:07,440 --> 00:13:09,400
Let's hope
third time's a charm.
297
00:13:12,270 --> 00:13:13,440
What is this about?
298
00:13:13,440 --> 00:13:16,360
Did you find
the guy who robbed me?
299
00:13:16,360 --> 00:13:18,190
No, we were actually hoping
300
00:13:18,190 --> 00:13:20,580
that you could shed some light
on the incident for us.
301
00:13:20,580 --> 00:13:22,630
I already told you
everything that I know.
302
00:13:22,630 --> 00:13:24,540
If you don't mind,
we'd like to go over it again.
303
00:13:24,540 --> 00:13:26,720
There's a possibility
that it's connected
304
00:13:26,720 --> 00:13:29,850
to a murder
that we're investigating.
305
00:13:29,850 --> 00:13:31,850
Murder?
306
00:13:31,850 --> 00:13:33,510
Really?
307
00:13:33,510 --> 00:13:37,030
We're not the robbery cops.
308
00:13:37,030 --> 00:13:40,860
Um, so...
309
00:13:40,860 --> 00:13:42,950
he approached me from behind.
310
00:13:42,950 --> 00:13:45,390
He asked for my phone,
my wallet.
311
00:13:45,390 --> 00:13:47,570
I give him both.
312
00:13:47,570 --> 00:13:49,740
And then, this guy,
313
00:13:49,740 --> 00:13:51,870
he cracks me over the head
with something.
314
00:13:51,870 --> 00:13:55,400
- Could it have been a bottle?
- Uh, yeah.
315
00:13:55,400 --> 00:13:57,880
Whatever it was, it knocked me
unconscious for a second.
316
00:13:57,880 --> 00:13:59,750
Do you remember
what this guy looked like?
317
00:13:59,750 --> 00:14:02,230
Maybe his height,
his weight, his race?
318
00:14:02,230 --> 00:14:06,410
Black. 5'7"-ish. Stocky.
319
00:14:06,410 --> 00:14:08,060
Approximate age?
320
00:14:08,060 --> 00:14:10,720
He's young. 18, 19.
321
00:14:10,720 --> 00:14:12,070
Do you remember anything
about his appearance?
322
00:14:12,070 --> 00:14:13,160
His clothing?
323
00:14:13,160 --> 00:14:15,070
Ski jacket.
324
00:14:15,070 --> 00:14:18,510
Some kind of wool cap.
325
00:14:25,390 --> 00:14:27,520
Mr. Burke, are you OK?
326
00:14:27,520 --> 00:14:29,170
Not really.
327
00:14:32,520 --> 00:14:34,440
It was traumatic, all right?
328
00:14:34,440 --> 00:14:37,620
I don't love reliving it.
329
00:14:37,620 --> 00:14:40,710
I thought
that I was gonna die, so...
330
00:14:40,710 --> 00:14:43,880
And I didn't know anything
about this recent tragedy.
331
00:14:43,880 --> 00:14:46,100
After what happened,
I don't really walk around
332
00:14:46,100 --> 00:14:47,360
after dark anymore.
333
00:14:47,360 --> 00:14:48,930
We understand.
334
00:14:48,930 --> 00:14:52,150
If that's all, I'd like
you guys to leave, please.
335
00:14:54,980 --> 00:14:56,160
Thank you.
336
00:15:03,820 --> 00:15:06,210
Hey, Lieu,
Brian Burke's robbery
337
00:15:06,210 --> 00:15:08,950
and Dr. Marshall's murder
could be connected.
338
00:15:08,950 --> 00:15:10,950
Both victims were approached
from behind,
339
00:15:10,950 --> 00:15:12,960
hit in the head
with blunt objects.
340
00:15:12,960 --> 00:15:14,700
They happened
in the same vicinity,
341
00:15:14,700 --> 00:15:16,130
around the same time of night.
342
00:15:16,130 --> 00:15:18,870
All right, let's check
the video and door cam footage
343
00:15:18,870 --> 00:15:20,480
from the night
of Marshall's murder
344
00:15:20,480 --> 00:15:23,140
and see if anyone in the area
matches Burke's description.
345
00:15:23,140 --> 00:15:24,230
Done. Vi's on it.
346
00:15:24,230 --> 00:15:26,360
Hey.
Can I talk to you for a sec?
347
00:15:26,360 --> 00:15:27,620
Just come on in.
348
00:15:27,620 --> 00:15:29,190
Shut the door.
349
00:15:32,500 --> 00:15:34,150
- What's up?
- So I got a call
350
00:15:34,150 --> 00:15:37,460
from Wagner and Farley's
union rep today.
351
00:15:37,460 --> 00:15:39,550
Yeah.
352
00:15:39,550 --> 00:15:42,290
OK.
It was only a matter of time.
353
00:15:42,290 --> 00:15:44,160
What's he wanna do? Mediate?
354
00:15:44,160 --> 00:15:45,990
More like attack.
355
00:15:47,380 --> 00:15:48,600
Excuse me?
356
00:15:48,600 --> 00:15:50,080
He's coming for you.
357
00:15:50,080 --> 00:15:53,000
He said that you violated
departmental rules
358
00:15:53,000 --> 00:15:54,480
by refusing
to get on the ground.
359
00:15:54,480 --> 00:15:56,220
They said I...
360
00:15:56,220 --> 00:15:58,090
That lawyer can kiss my ass.
How about that?
361
00:15:58,090 --> 00:16:02,530
I would not be so quick
to dismiss that.
362
00:16:02,530 --> 00:16:03,700
You gotta trust me.
363
00:16:03,700 --> 00:16:06,050
I come
from a long line of cops,
364
00:16:06,050 --> 00:16:08,140
and I know exactly how
this thing is gonna play out.
365
00:16:08,140 --> 00:16:11,010
Lieu, those two cops
crossed the line.
366
00:16:11,010 --> 00:16:13,060
They wouldn't listen
to a word I was saying.
367
00:16:13,060 --> 00:16:15,370
They wouldn't
let me badge them.
368
00:16:15,370 --> 00:16:16,760
They had their guns drawn.
369
00:16:16,760 --> 00:16:18,630
They were practically
itching to light me up.
370
00:16:18,630 --> 00:16:19,940
It's your call.
371
00:16:19,940 --> 00:16:21,420
I just need to let you know
what's going on.
372
00:16:21,420 --> 00:16:24,370
And whatever you decide,
you've got my full support.
373
00:16:24,370 --> 00:16:26,720
You just have to understand
374
00:16:26,720 --> 00:16:29,550
what you're
stepping into right now.
375
00:16:29,550 --> 00:16:32,250
- What does that mean?
- Come on, Jalen.
376
00:16:32,250 --> 00:16:34,990
As much as I hate to admit it,
you know exactly how it works
377
00:16:34,990 --> 00:16:36,910
when a cop
goes after another cop.
378
00:16:36,910 --> 00:16:38,390
I'm not the bad guy here.
379
00:16:38,390 --> 00:16:41,830
Look, the department
is making so many changes,
380
00:16:41,830 --> 00:16:44,440
so many for the good,
but when it comes to this--
381
00:16:44,440 --> 00:16:45,570
this thing--
382
00:16:45,570 --> 00:16:48,050
we are stuck back in 1974.
383
00:16:48,050 --> 00:16:50,140
So it doesn't even matter
how right you are.
384
00:16:50,140 --> 00:16:51,880
And I know.
385
00:16:51,880 --> 00:16:54,010
I know you're right.
386
00:16:57,320 --> 00:17:01,150
This is the kind of thing that
is gonna destroy your career.
387
00:17:04,280 --> 00:17:05,680
OK.
388
00:17:07,420 --> 00:17:09,810
I get it.
389
00:17:09,810 --> 00:17:12,640
We're supposed
to protect each other, right?
390
00:17:12,640 --> 00:17:14,380
All those rah-rah speeches
391
00:17:14,380 --> 00:17:17,820
about being blue
and protecting your brother,
392
00:17:17,820 --> 00:17:19,730
they were written
by white guys.
393
00:17:22,000 --> 00:17:24,610
So you can tell
that union lawyer
394
00:17:24,610 --> 00:17:26,090
and those two white cops
395
00:17:26,090 --> 00:17:29,440
they are trying
to scare the wrong man.
396
00:17:29,440 --> 00:17:31,050
OK.
397
00:17:31,050 --> 00:17:32,360
I'm gonna call internal affairs
398
00:17:32,360 --> 00:17:34,660
and tell them
you're moving forward.
399
00:17:36,490 --> 00:17:38,060
Thank you.
400
00:17:57,600 --> 00:17:59,560
I've gone through
every shred of video
401
00:17:59,560 --> 00:18:01,380
from the night of the murder.
402
00:18:01,380 --> 00:18:02,990
I can't find anyone
who even remotely fits
403
00:18:02,990 --> 00:18:05,210
Burke's description
of the guy who robbed him.
404
00:18:05,210 --> 00:18:06,560
Worth a shot.
405
00:18:06,560 --> 00:18:08,740
I did find
something interesting, though.
406
00:18:08,740 --> 00:18:11,090
Surveillance video
from Burke's neighbor.
407
00:18:11,090 --> 00:18:12,700
Check it out.
408
00:18:15,400 --> 00:18:16,750
That's Burke.
409
00:18:16,750 --> 00:18:19,400
Taken around the time
of the murder, 10:04 p.m.
410
00:18:19,400 --> 00:18:21,270
- Play the video.
- Mm-hmm.
411
00:18:23,800 --> 00:18:25,450
His hands are shaking so much,
412
00:18:25,450 --> 00:18:27,850
he can barely
hold on to his keys.
413
00:18:32,200 --> 00:18:35,290
I thought you didn't go out
after dark anymore.
414
00:18:35,290 --> 00:18:37,160
- What are you--
- 'Cause we got a receipt
415
00:18:37,160 --> 00:18:39,860
that shows you purchased
a bottle of wine
416
00:18:39,860 --> 00:18:44,040
at a local liquor store
at 9:47 p.m.
417
00:18:44,040 --> 00:18:46,600
And there's a video of you
15 minutes later
418
00:18:46,600 --> 00:18:49,390
that puts you a block
from the crime scene,
419
00:18:49,390 --> 00:18:51,830
and you're not holding
a bottle of wine anymore.
420
00:18:51,830 --> 00:18:54,440
So the only question
I have for you now is,
421
00:18:54,440 --> 00:18:56,310
why did you do it?
422
00:18:56,310 --> 00:18:57,920
This is outrageous.
423
00:18:57,920 --> 00:19:00,790
My client is the victim
of a violent crime.
424
00:19:00,790 --> 00:19:02,620
Why don't you save
your outrage and indignation
425
00:19:02,620 --> 00:19:04,880
and just have your client
tell us what happened?
426
00:19:07,620 --> 00:19:10,980
Go ahead. Tell them.
427
00:19:10,980 --> 00:19:12,460
It was self-defense.
428
00:19:16,680 --> 00:19:18,460
You're saying he came to you.
429
00:19:18,460 --> 00:19:19,810
He approached me from behind,
430
00:19:19,810 --> 00:19:21,990
and he pretended
to ask for directions.
431
00:19:21,990 --> 00:19:23,600
And then, I turn around
to get a look at the guy,
432
00:19:23,600 --> 00:19:25,290
and I see he has something
in his hand, a gun,
433
00:19:25,290 --> 00:19:28,300
so I hit him over the head
with the only thing that I had,
434
00:19:28,300 --> 00:19:29,690
which was a wine bottle.
435
00:19:29,690 --> 00:19:31,210
And then,
you just fled the scene.
436
00:19:31,210 --> 00:19:33,130
- Yeah, I panicked.
- You didn't try to help him?
437
00:19:33,130 --> 00:19:34,610
Call 911?
438
00:19:34,610 --> 00:19:37,440
No, I ran home.
I called a lawyer.
439
00:19:37,440 --> 00:19:39,180
She said do nothing.
440
00:19:39,180 --> 00:19:41,090
I can verify that.
441
00:19:41,090 --> 00:19:42,700
Great advice, Counselor.
442
00:19:42,700 --> 00:19:46,100
You see, Darian Marshall...
443
00:19:46,100 --> 00:19:48,750
was really asking you
for directions.
444
00:19:48,750 --> 00:19:50,410
And he wasn't holding a gun.
445
00:19:50,410 --> 00:19:53,670
It was a cell phone.
446
00:19:53,670 --> 00:19:56,930
He was
a well-regarded heart surgeon,
447
00:19:56,930 --> 00:20:01,720
and you left him on the street
to die like an animal.
448
00:20:03,070 --> 00:20:05,940
No more questions.
We're done.
449
00:20:09,250 --> 00:20:11,690
- You believe him?
- I definitely don't think
450
00:20:11,690 --> 00:20:13,340
he set out
to kill anyone that night.
451
00:20:13,340 --> 00:20:14,690
That's for sure.
- Yeah.
452
00:20:14,690 --> 00:20:16,610
It doesn't mean
it was self-defense either.
453
00:20:16,610 --> 00:20:18,300
Let me call Price.
See what he thinks.
454
00:20:18,300 --> 00:20:19,650
Excuse me.
455
00:20:19,650 --> 00:20:23,050
Detective Shaw?
- Yeah.
456
00:20:23,050 --> 00:20:25,310
I'm Sergeant Frank Matthews,
Internal Affairs.
457
00:20:25,310 --> 00:20:26,530
You got a minute?
458
00:20:26,530 --> 00:20:28,710
Absolutely.
We can talk in here.
459
00:20:33,540 --> 00:20:34,970
Thank you for coming so soon.
460
00:20:34,970 --> 00:20:36,710
I know Lieutenant Dixon
just reached out to you,
461
00:20:36,710 --> 00:20:37,760
so I appreciate it.
462
00:20:37,760 --> 00:20:40,540
I'm not here about that.
463
00:20:40,540 --> 00:20:42,150
OK. What are you here for?
464
00:20:42,150 --> 00:20:45,550
Officers Wagner and Farley
filed a complaint against you.
465
00:20:45,550 --> 00:20:48,460
You're here
to investigate me?
466
00:20:48,460 --> 00:20:49,990
You can get in touch
with your union rep
467
00:20:49,990 --> 00:20:51,730
and consult an attorney
if you want.
468
00:20:51,730 --> 00:20:54,380
I don't need a lawyer.
I don't--
469
00:20:54,380 --> 00:20:56,730
The officers claim
they ordered you to the ground.
470
00:20:56,730 --> 00:20:58,300
They did, and I refused.
471
00:20:58,300 --> 00:21:01,090
I wasn't about
to get on my knees for anybody,
472
00:21:01,090 --> 00:21:02,610
much less those two cops.
473
00:21:02,610 --> 00:21:04,480
Now, you and I both know
what could have happened
474
00:21:04,480 --> 00:21:06,220
if I had complied.
475
00:21:06,220 --> 00:21:10,880
Look, sometimes
you have to let things slide.
476
00:21:10,880 --> 00:21:13,050
Keep an eye on the big picture.
- OK.
477
00:21:13,050 --> 00:21:15,360
I've had to put up with
a lot to get to where I am.
478
00:21:15,360 --> 00:21:18,100
If you drop your complaint,
I'm confident they will too.
479
00:21:18,100 --> 00:21:19,630
Right.
480
00:21:19,630 --> 00:21:21,630
I understand
what it feels like
481
00:21:21,630 --> 00:21:23,410
to be on the other end
of the nonsense.
482
00:21:23,410 --> 00:21:25,550
I do. Trust me.
483
00:21:25,550 --> 00:21:28,110
But let's face it,
nothing really happened.
484
00:21:28,110 --> 00:21:29,110
Nobody got hurt.
485
00:21:29,110 --> 00:21:30,680
So why make a big deal
about it,
486
00:21:30,680 --> 00:21:32,640
invite all kinds
of negative attention?
487
00:21:32,640 --> 00:21:35,160
This kind of thing
makes us look bad.
488
00:21:41,470 --> 00:21:43,040
Us?
489
00:21:45,260 --> 00:21:46,960
The police.
490
00:21:48,830 --> 00:21:49,870
Right.
491
00:21:52,790 --> 00:21:54,100
Price needs to see us.
492
00:21:55,840 --> 00:21:58,010
Thanks for making time, Sergeant.
493
00:21:59,840 --> 00:22:01,280
It's a tough one.
494
00:22:01,280 --> 00:22:04,500
I'm not quite sure
what the right charge is.
495
00:22:08,200 --> 00:22:09,500
I vote murder.
496
00:22:09,500 --> 00:22:11,720
Innocent man
is walking down the street,
497
00:22:11,720 --> 00:22:13,290
minding his own business.
498
00:22:13,290 --> 00:22:14,680
He gets bashed in the head.
499
00:22:14,680 --> 00:22:16,640
I'm not really sure
what we're discussing here.
500
00:22:16,640 --> 00:22:18,380
Well, Burke could have
a legitimate claim
501
00:22:18,380 --> 00:22:19,990
of self-defense.
502
00:22:19,990 --> 00:22:21,690
He can claim
whatever he wants.
503
00:22:21,690 --> 00:22:23,950
He was never
in any actual danger.
504
00:22:23,950 --> 00:22:27,080
And he left the man
bleeding in the street.
505
00:22:27,080 --> 00:22:29,910
He had recently been the
victim of a violent mugging
506
00:22:29,910 --> 00:22:31,050
in that same neighborhood.
507
00:22:31,050 --> 00:22:33,000
His assailant
hasn't been caught.
508
00:22:33,000 --> 00:22:35,920
A physically imposing man
he's never seen before...
509
00:22:35,920 --> 00:22:40,010
Physically imposing
Black man.
510
00:22:40,010 --> 00:22:41,530
Right?
511
00:22:44,890 --> 00:22:48,540
That approached him
for no apparent reason.
512
00:22:48,540 --> 00:22:50,190
He was in fear for his life,
513
00:22:50,190 --> 00:22:52,500
even though his fear turned out
to be unwarranted.
514
00:22:52,500 --> 00:22:53,890
I'm no lawyer,
515
00:22:53,890 --> 00:22:57,330
but doesn't that fear
have to be reasonable,
516
00:22:57,330 --> 00:23:01,250
you know, from a objective
person's perspective?
517
00:23:01,250 --> 00:23:02,690
Frank Cosgrove, Esq.
518
00:23:02,690 --> 00:23:04,690
But a jury might determine
519
00:23:04,690 --> 00:23:06,600
that Burke's fear
was reasonable.
520
00:23:06,600 --> 00:23:08,740
Reasonable?
521
00:23:10,080 --> 00:23:13,440
Nolan, softening the charges...
522
00:23:13,440 --> 00:23:15,920
ratifies what they did.
523
00:23:15,920 --> 00:23:20,570
I'm simply acknowledging
the weakness of a murder case.
524
00:23:20,570 --> 00:23:23,400
You're a lawyer.
You understand that.
525
00:23:23,400 --> 00:23:25,100
I was a lawyer.
526
00:23:26,540 --> 00:23:29,410
Now, I'm a cop.
527
00:23:29,410 --> 00:23:32,060
A Black cop.
528
00:23:32,060 --> 00:23:35,940
And unfortunately,
I just got yet another lesson
529
00:23:35,940 --> 00:23:37,590
in what that means,
and what that means is,
530
00:23:37,590 --> 00:23:38,900
when you're Black
in this country,
531
00:23:38,900 --> 00:23:42,600
you are guilty
in too many people's eyes.
532
00:23:44,730 --> 00:23:48,080
Burke made a false assumption
533
00:23:48,080 --> 00:23:50,210
based
on Dr. Marshall's skin color,
534
00:23:50,210 --> 00:23:52,000
and worse,
he acted on that assumption.
535
00:23:52,000 --> 00:23:55,390
And now, Dr. Marshall,
that Black doctor, is dead.
536
00:23:57,130 --> 00:24:00,610
If that is not enough
for a murder charge,
537
00:24:00,610 --> 00:24:02,920
I gotta start rethinking
how I'm spending my time
538
00:24:02,920 --> 00:24:04,530
risking my life
in the street with Frank
539
00:24:04,530 --> 00:24:07,270
to bring you good arrests just
to watch you water them down.
540
00:24:18,980 --> 00:24:21,850
Yes, I will.
541
00:24:21,850 --> 00:24:24,030
Phone won't stop ringing.
542
00:24:24,030 --> 00:24:27,380
CEOs, heads of charities,
543
00:24:27,380 --> 00:24:31,210
more than a handful
of political donors,
544
00:24:31,210 --> 00:24:35,340
all asking me to reconsider
indicting Brian Burke.
545
00:24:35,340 --> 00:24:36,740
Doesn't surprise me.
He chairs one
546
00:24:36,740 --> 00:24:39,350
of the biggest charitable
foundations in the city.
547
00:24:39,350 --> 00:24:42,390
Everyone says
he's a good man.
548
00:24:42,390 --> 00:24:44,440
Certainly not a racist.
549
00:24:44,440 --> 00:24:46,050
I'm not challenging
his character, Jack.
550
00:24:46,050 --> 00:24:47,920
I'm challenging his actions.
551
00:24:47,920 --> 00:24:49,660
I've weighed both sides
of the equation.
552
00:24:49,660 --> 00:24:53,140
Jalen Shaw made
a compelling case.
553
00:24:53,140 --> 00:24:56,540
You want to charge murder?
554
00:24:56,540 --> 00:24:58,410
Can you prove it?
555
00:24:58,410 --> 00:25:01,110
It'll be close,
but I have to try.
556
00:25:01,110 --> 00:25:02,280
Why is that?
557
00:25:02,280 --> 00:25:03,720
If I charge manslaughter,
558
00:25:03,720 --> 00:25:06,370
what kind of message
will I be sending?
559
00:25:06,370 --> 00:25:09,900
That you can assault
and kill Black men
560
00:25:09,900 --> 00:25:11,340
because you're scared?
561
00:25:13,600 --> 00:25:15,300
Burke's lawyer wants to meet.
562
00:25:15,300 --> 00:25:16,950
Says
she has additional information
563
00:25:16,950 --> 00:25:17,950
we need to consider.
564
00:25:21,390 --> 00:25:25,260
I know
that I should have called 911.
565
00:25:25,260 --> 00:25:27,400
Why didn't you?
566
00:25:27,400 --> 00:25:30,400
I panicked.
567
00:25:30,400 --> 00:25:33,620
I know how it looks,
but I'm not a racist.
568
00:25:33,620 --> 00:25:36,100
So what is this
additional information
569
00:25:36,100 --> 00:25:38,800
you want us to consider?
570
00:25:38,800 --> 00:25:41,280
On the, um--
the night of the--
571
00:25:41,280 --> 00:25:43,630
the incident with Dr. Marshall,
572
00:25:43,630 --> 00:25:45,500
I got an alert on my phone
573
00:25:45,500 --> 00:25:49,110
that there was a
suspicious person in the area.
574
00:25:49,110 --> 00:25:50,590
Who sent the alert?
575
00:25:50,590 --> 00:25:53,070
Well, it popped up
on a neighborhood safety app.
576
00:25:53,070 --> 00:25:54,860
What did it say?
577
00:25:54,860 --> 00:25:56,640
"Be careful.
578
00:25:56,640 --> 00:25:58,950
"There's a dangerous
Black man in the area.
579
00:25:58,950 --> 00:26:00,730
"He's armed.
580
00:26:00,730 --> 00:26:02,430
Exercise extreme caution."
581
00:26:02,430 --> 00:26:04,610
Did the alert
provide a description?
582
00:26:04,610 --> 00:26:06,350
A little more than that.
583
00:26:06,350 --> 00:26:09,440
It provided a picture
of Dr. Marshall.
584
00:26:12,660 --> 00:26:16,790
So Burke actually
might be telling the truth.
585
00:26:16,790 --> 00:26:19,010
That's definitely
Dr. Marshall.
586
00:26:19,010 --> 00:26:22,800
Yeah, and these are
the posts that Burke saw.
587
00:26:22,800 --> 00:26:25,540
The first one says, "A tall
Black man just mugged someone.
588
00:26:25,540 --> 00:26:28,670
The mugger is armed
and extremely dangerous."
589
00:26:28,670 --> 00:26:31,200
Dozens of people
post comments after that.
590
00:26:31,200 --> 00:26:33,940
Another woman says
that they saw Dr. Marshall,
591
00:26:33,940 --> 00:26:35,990
and she is sure
that he's got a gun.
592
00:26:35,990 --> 00:26:38,250
Then the story
takes on a life of its own.
593
00:26:38,250 --> 00:26:40,030
It's like a dangerous
fearmongering version
594
00:26:40,030 --> 00:26:41,120
of telephone.
595
00:26:41,120 --> 00:26:42,380
Who started it?
596
00:26:42,380 --> 00:26:44,430
A man named Daniel Deluca.
597
00:26:44,430 --> 00:26:47,740
52. Works in real estate.
Lives downtown.
598
00:26:47,740 --> 00:26:50,650
And he's done
this sort of thing before.
599
00:26:50,650 --> 00:26:51,870
What do you mean?
600
00:26:51,870 --> 00:26:54,480
Well, he's posted
that violent people,
601
00:26:54,480 --> 00:26:57,010
usually Black men,
are on certain streets.
602
00:26:57,010 --> 00:26:58,570
He puts up photos.
603
00:26:58,570 --> 00:26:59,710
And then, he makes up stories
604
00:26:59,710 --> 00:27:01,880
about them
with guns and knives.
605
00:27:01,880 --> 00:27:04,140
He gets the residents
all riled up.
606
00:27:04,140 --> 00:27:08,190
And then, inevitably, a chain
of racist rumors follows.
607
00:27:08,190 --> 00:27:12,110
And the posts turn out
to be pure fiction.
608
00:27:12,110 --> 00:27:14,890
- Has anyone else been hurt?
- Yeah.
609
00:27:14,890 --> 00:27:17,590
One man was assaulted
by an angry mob of residents,
610
00:27:17,590 --> 00:27:20,070
and two Black men
were falsely arrested.
611
00:27:20,070 --> 00:27:22,990
Brooke's lawyers
could wind up calling Deluca
612
00:27:22,990 --> 00:27:24,820
to support
their self-defense claim.
613
00:27:24,820 --> 00:27:26,730
I wanna be prepared
to cross-examine him.
614
00:27:26,730 --> 00:27:29,470
I look forward
to meeting this guy.
615
00:27:33,650 --> 00:27:36,000
I don't know
what to tell you.
616
00:27:36,000 --> 00:27:38,220
I was walking through
the meatpacking district,
617
00:27:38,220 --> 00:27:40,010
meeting my girlfriend
for a late dinner.
618
00:27:40,010 --> 00:27:41,750
I saw a guy
who looked suspicious.
619
00:27:41,750 --> 00:27:43,620
What made him
look suspicious?
620
00:27:43,620 --> 00:27:45,930
I thought he had a gun.
621
00:27:45,930 --> 00:27:48,540
Those people,
coming into our neighborhood,
622
00:27:48,540 --> 00:27:51,630
ruining it for the rest of us.
623
00:27:51,630 --> 00:27:54,590
Those people?
624
00:27:54,590 --> 00:27:57,460
What do you mean by that?
625
00:27:57,460 --> 00:28:00,500
You know, criminals.
626
00:28:00,500 --> 00:28:03,990
So you think you're doing
some kind of a public service?
627
00:28:03,990 --> 00:28:05,210
Actually, I do.
628
00:28:05,210 --> 00:28:08,160
Plus, I've got three kids,
elderly parents.
629
00:28:08,160 --> 00:28:09,380
No one is safe anymore.
630
00:28:09,380 --> 00:28:12,300
You--
631
00:28:12,300 --> 00:28:14,740
you're out of line.
632
00:28:14,740 --> 00:28:16,910
You can't just go around
posting whatever you want.
633
00:28:16,910 --> 00:28:19,440
That's dangerous. Reckless.
634
00:28:19,440 --> 00:28:21,920
You're practically
asking somebody
635
00:28:21,920 --> 00:28:24,960
to take the law
into their own hands,
636
00:28:24,960 --> 00:28:27,230
maybe even commit
an act of violence.
637
00:28:29,530 --> 00:28:31,710
Turn around.
638
00:28:34,760 --> 00:28:36,020
You heard him.
Turn around. Turn around.
639
00:28:36,020 --> 00:28:37,800
Come on. Come on.
640
00:28:37,800 --> 00:28:39,810
Hands behind your back.
641
00:28:39,810 --> 00:28:44,110
Daniel Deluca,
you're under arrest.
642
00:28:44,110 --> 00:28:45,380
What for?
643
00:28:45,380 --> 00:28:46,990
Manslaughter.
644
00:28:48,770 --> 00:28:51,770
I'm assuming
you ran this by Price.
645
00:29:05,960 --> 00:29:08,140
You arrested Daniel Deluca?
646
00:29:08,140 --> 00:29:09,270
Charged him with manslaughter?
647
00:29:09,270 --> 00:29:10,750
Good to see you, Price.
648
00:29:10,750 --> 00:29:13,100
We're on solid footing
with that.
649
00:29:13,100 --> 00:29:15,450
Deluca's actions
were the direct cause
650
00:29:15,450 --> 00:29:16,800
of Dr. Marshall's murder.
651
00:29:16,800 --> 00:29:18,840
Didn't think
to consult with me first?
652
00:29:18,840 --> 00:29:21,760
We have initial discretion
to make the arrest, Nolan.
653
00:29:21,760 --> 00:29:23,810
There were
no exigent circumstances.
654
00:29:23,810 --> 00:29:24,890
Have a seat.
655
00:29:24,890 --> 00:29:26,240
You wanna play prosecutor,
656
00:29:26,240 --> 00:29:27,550
join the DA's office.
657
00:29:27,550 --> 00:29:29,810
Otherwise, stay in your lane.
658
00:29:29,810 --> 00:29:31,810
Mm. Well,
you don't wanna charge Deluca,
659
00:29:31,810 --> 00:29:32,810
that's on you, buddy.
660
00:29:32,810 --> 00:29:34,160
We got a good case.
661
00:29:34,160 --> 00:29:35,470
Not so sure about that.
662
00:29:35,470 --> 00:29:37,560
And we'd have to flip Burke.
663
00:29:37,560 --> 00:29:39,130
Well, let's flip him then.
664
00:29:39,130 --> 00:29:41,130
You're the one who urged me
to charge him with murder.
665
00:29:41,130 --> 00:29:43,480
And I stand by that, but new
information has come to light
666
00:29:43,480 --> 00:29:45,220
that says
that Deluca is more culpable.
667
00:29:45,220 --> 00:29:46,830
He incited Burke.
668
00:29:46,830 --> 00:29:48,790
He made the guy
feel like he was in danger.
669
00:29:48,790 --> 00:29:50,010
But for Deluca's post,
670
00:29:50,010 --> 00:29:52,090
Dr. Marshall
would still be alive today.
671
00:29:52,090 --> 00:29:53,840
I get it,
but Burke is the one
672
00:29:53,840 --> 00:29:55,530
who smashed him in the head
with a wine bottle.
673
00:29:55,530 --> 00:29:59,670
Yes, and Deluca's
reckless posts made him do it.
674
00:29:59,670 --> 00:30:01,710
He has to be held
accountable for that.
675
00:30:05,720 --> 00:30:09,020
Is there any way
you can prove both cases?
676
00:30:09,020 --> 00:30:10,900
Try Burke and Deluca together?
677
00:30:10,900 --> 00:30:14,160
I need Burke's cooperation
to win against Deluca.
678
00:30:14,160 --> 00:30:16,510
You can prove
Deluca was reckless,
679
00:30:16,510 --> 00:30:18,860
that he created
a dangerous situation
680
00:30:18,860 --> 00:30:21,690
and put Marshall's life
in jeopardy
681
00:30:21,690 --> 00:30:23,780
with evidence
of his past behavior.
682
00:30:23,780 --> 00:30:25,780
But that's
only half the battle.
683
00:30:25,780 --> 00:30:28,520
I need Burke
to say he saw the posts
684
00:30:28,520 --> 00:30:31,870
and that he believed
what was in them.
685
00:30:31,870 --> 00:30:33,880
Then get him a deal.
Get him on board.
686
00:30:33,880 --> 00:30:37,530
OK, but I'd be sacrificing
the murder case against Burke
687
00:30:37,530 --> 00:30:39,880
for a much weaker case
against Deluca.
688
00:30:39,880 --> 00:30:43,540
Opportunity and risk
come in pairs.
689
00:30:43,540 --> 00:30:48,190
If you think Deluca
was the most responsible,
690
00:30:48,190 --> 00:30:50,590
set your sights on him.
691
00:30:55,510 --> 00:30:57,290
Mr. Burke,
you're here as part
692
00:30:57,290 --> 00:30:59,250
of a cooperation agreement?
- That's true.
693
00:30:59,250 --> 00:31:00,550
In exchange
for your testimony,
694
00:31:00,550 --> 00:31:02,470
you'll receive
a seven-year sentence.
695
00:31:02,470 --> 00:31:05,170
Yes. I will plead guilty
to manslaughter.
696
00:31:05,170 --> 00:31:08,210
Tell the members of the jury,
697
00:31:08,210 --> 00:31:11,430
why did you kill
Dr. Darian Marshall?
698
00:31:11,430 --> 00:31:14,260
Because I thought
that he was going to kill me.
699
00:31:14,260 --> 00:31:15,740
Did you believe
he had a weapon?
700
00:31:15,740 --> 00:31:16,920
A gun, yes.
701
00:31:16,920 --> 00:31:18,270
Why did you think this?
702
00:31:18,270 --> 00:31:21,180
Because the defendant
put things on an app.
703
00:31:21,180 --> 00:31:24,140
You're referring to
the defendant, Daniel Deluca?
704
00:31:24,140 --> 00:31:25,930
Yes.
705
00:31:25,930 --> 00:31:29,240
I believed what he posted.
706
00:31:29,240 --> 00:31:33,500
I thought that I was in danger,
and I was protecting myself.
707
00:31:33,500 --> 00:31:35,590
Thank you.
Nothing further.
708
00:31:39,990 --> 00:31:44,730
My client
didn't kill Darian Marshall.
709
00:31:44,730 --> 00:31:46,510
You did.
710
00:31:46,510 --> 00:31:48,600
Regrettably, yes.
711
00:31:48,600 --> 00:31:52,520
You took a bottle,
smashed it over his head,
712
00:31:52,520 --> 00:31:55,610
and left him to die.
713
00:31:55,610 --> 00:31:57,440
I wish I could take it back.
714
00:31:57,440 --> 00:31:59,270
And so, you're doing
the next best thing,
715
00:31:59,270 --> 00:32:00,960
trying to blame someone else.
716
00:32:00,960 --> 00:32:02,440
Objection. Argumentative.
717
00:32:02,440 --> 00:32:04,100
Overruled.
718
00:32:04,100 --> 00:32:05,840
You killed someone,
719
00:32:05,840 --> 00:32:07,490
and then you got
a sweetheart deal
720
00:32:07,490 --> 00:32:09,360
from a prosecutor
who is hellbent
721
00:32:09,360 --> 00:32:10,800
on making
a political statement.
722
00:32:10,800 --> 00:32:13,110
Your Honor.
723
00:32:13,110 --> 00:32:15,110
Withdrawn.
Nothing further.
724
00:32:15,110 --> 00:32:17,240
You're excused, sir.
725
00:32:17,240 --> 00:32:18,810
Call your next witness,
Mr. Price.
726
00:32:18,810 --> 00:32:22,680
People call
Detective Jalen Shaw.
727
00:32:22,680 --> 00:32:26,730
The defendant started
a chain of racist messages
728
00:32:26,730 --> 00:32:30,690
and then posted
a picture of Dr. Marshall.
729
00:32:30,690 --> 00:32:33,260
Has the defendant made
postings like this in the past?
730
00:32:33,260 --> 00:32:34,820
Yes.
731
00:32:34,820 --> 00:32:38,390
Men--Black men--
walking down the street,
732
00:32:38,390 --> 00:32:41,870
minding their own business
are the targets of these posts?
733
00:32:41,870 --> 00:32:43,350
Correct.
734
00:32:43,350 --> 00:32:45,790
And some of these innocent
men have been arrested,
735
00:32:45,790 --> 00:32:48,790
and one has actually
been assaulted?
736
00:32:48,790 --> 00:32:50,930
Yes, he was
punched in the head
737
00:32:50,930 --> 00:32:54,490
and then hospitalized
for a concussion.
738
00:32:54,490 --> 00:32:55,710
Thank you.
739
00:32:59,410 --> 00:33:03,070
Detective, are you aware
that the NYPD uses these apps
740
00:33:03,070 --> 00:33:06,030
to fight crimes
and put out police alerts?
741
00:33:06,030 --> 00:33:07,510
Objection. Relevance.
742
00:33:07,510 --> 00:33:08,940
What is the relevance?
743
00:33:08,940 --> 00:33:11,550
This is a case
about free speech
744
00:33:11,550 --> 00:33:13,990
and civic participation.
745
00:33:13,990 --> 00:33:16,690
They should be giving my client
a medal for citizenship.
746
00:33:16,690 --> 00:33:18,650
Not being put on trial
for homicide.
747
00:33:18,650 --> 00:33:21,560
Objection is overruled.
748
00:33:21,560 --> 00:33:24,830
Counselor, I'm aware
that the NYPD is using...
749
00:33:24,830 --> 00:33:27,050
certain crime-fighting apps.
750
00:33:27,050 --> 00:33:31,180
And when these apps are used
in a responsible manner,
751
00:33:31,180 --> 00:33:33,750
they can be a useful tool.
752
00:33:33,750 --> 00:33:36,880
Problems arise
when they're used recklessly.
753
00:33:36,880 --> 00:33:39,190
You know a lot about
recklessness Detective Shaw,
754
00:33:39,190 --> 00:33:40,280
don't you?
755
00:33:40,280 --> 00:33:41,580
Objection. Argumentative.
756
00:33:41,580 --> 00:33:43,410
Ask another question,
Miss Stanley.
757
00:33:43,410 --> 00:33:48,200
Violating NYPD rules and
regulations is also reckless,
758
00:33:48,200 --> 00:33:50,030
isn't it?
759
00:33:50,030 --> 00:33:51,810
It depends
on the circumstances.
760
00:33:51,810 --> 00:33:54,600
Detective Shaw,
is there a pending
761
00:33:54,600 --> 00:33:56,900
Internal Affairs complaint
against you?
762
00:34:00,300 --> 00:34:03,870
There's one pending, yes.
763
00:34:03,870 --> 00:34:06,310
You violated
your department's policy.
764
00:34:06,310 --> 00:34:11,310
You failed to comply with the
request of a fellow officer?
765
00:34:11,310 --> 00:34:13,700
That is the allegation.
766
00:34:13,700 --> 00:34:18,190
So your own department
has taken action against you.
767
00:34:18,190 --> 00:34:20,190
It has.
768
00:34:20,190 --> 00:34:22,930
And the underlying incident
involves a dispute
769
00:34:22,930 --> 00:34:26,760
that you had
with white police officers.
770
00:34:26,760 --> 00:34:28,810
I was racially profiled.
771
00:34:28,810 --> 00:34:32,330
And charging my client,
a white man, with homicide,
772
00:34:32,330 --> 00:34:34,770
that's your way of
balancing the scales, isn't it?
773
00:34:34,770 --> 00:34:37,250
- Objection.
- Sustained.
774
00:34:37,250 --> 00:34:39,640
Nothing further.
775
00:34:39,640 --> 00:34:43,820
Detective Shaw,
you're excused.
776
00:34:43,820 --> 00:34:45,080
Yeah.
777
00:34:56,310 --> 00:34:59,010
You're the subject of an
Internal Affairs complaint?
778
00:34:59,010 --> 00:35:00,970
- It's complete nonsense.
- That's not the point.
779
00:35:00,970 --> 00:35:03,410
If you had told me,
I would have been prepared.
780
00:35:03,410 --> 00:35:04,620
I would have never
put you on the stand.
781
00:35:04,620 --> 00:35:07,500
OK. He screwed up.
Let's move on.
782
00:35:09,890 --> 00:35:11,150
What do you need?
783
00:35:11,150 --> 00:35:13,330
Deluca is going
to testify tomorrow morning.
784
00:35:13,330 --> 00:35:15,420
The defense has put us
back on our heels,
785
00:35:15,420 --> 00:35:17,250
and at the same time,
they're selling Deluca
786
00:35:17,250 --> 00:35:18,990
as some well-intentioned guy
787
00:35:18,990 --> 00:35:21,120
who bears no responsibility
for what happened.
788
00:35:21,120 --> 00:35:22,380
We need to disprove that.
789
00:35:22,380 --> 00:35:24,170
His posts are part
of a pattern of conduct.
790
00:35:24,170 --> 00:35:25,650
We can get you
police reports,
791
00:35:25,650 --> 00:35:29,130
medical records that show
his past posts hurt people.
792
00:35:29,130 --> 00:35:30,560
I need more.
I need evidence
793
00:35:30,560 --> 00:35:32,780
of his motive, his state
of mind, that he is racist.
794
00:35:32,780 --> 00:35:34,920
I've been looking through
his social media accounts.
795
00:35:34,920 --> 00:35:36,570
He doesn't belong
to any white supremacy groups
796
00:35:36,570 --> 00:35:38,530
or any other
fringe organizations.
797
00:35:38,530 --> 00:35:41,920
And he's never posted anything
that's scandalous or racist.
798
00:35:41,920 --> 00:35:43,970
Well, what kind of things
does he post?
799
00:35:43,970 --> 00:35:45,450
Mostly real estate stuff.
800
00:35:45,450 --> 00:35:48,490
It looks like he buys
and sells apartments.
801
00:35:53,800 --> 00:35:55,590
Is anybody else
noticing something similar
802
00:35:55,590 --> 00:35:57,680
about all these addresses?
803
00:35:59,510 --> 00:36:01,420
That can't be just
a coincidence.
804
00:36:06,950 --> 00:36:11,170
My goal is to help
my fellow New Yorkers.
805
00:36:11,170 --> 00:36:13,210
I wanna make a difference,
806
00:36:13,210 --> 00:36:15,170
reclaim the streets
from the criminals
807
00:36:15,170 --> 00:36:16,870
that have taken over
this great city.
808
00:36:16,870 --> 00:36:21,920
You had no control over
Mr. Burke's actions, did you?
809
00:36:21,920 --> 00:36:26,230
My heart goes out
to Dr. Marshall's family.
810
00:36:26,230 --> 00:36:30,880
But I had no idea
anyone would die.
811
00:36:32,320 --> 00:36:35,320
Thank you.
812
00:36:35,320 --> 00:36:37,540
You're in the real estate
business, correct?
813
00:36:37,540 --> 00:36:40,680
You buy and sell apartments?
- Yes.
814
00:36:40,680 --> 00:36:45,200
Crime, or reports of crime,
815
00:36:45,200 --> 00:36:47,550
can drive down the value
816
00:36:47,550 --> 00:36:51,250
of buildings
in a particular neighborhood,
817
00:36:51,250 --> 00:36:53,170
can't it?
818
00:36:53,170 --> 00:36:56,000
It can.
819
00:36:56,000 --> 00:36:58,780
You've been planting false
reports of criminal activity
820
00:36:58,780 --> 00:37:01,180
in order to decrease
the value of homes
821
00:37:01,180 --> 00:37:02,390
in certain neighborhoods,
haven't you?
822
00:37:02,390 --> 00:37:04,530
Price tags go down,
823
00:37:04,530 --> 00:37:05,960
you purchase properties,
and eventually,
824
00:37:05,960 --> 00:37:07,830
when the neighborhood
is seen as safe again,
825
00:37:07,830 --> 00:37:12,360
you sell the property
and make a hefty profit.
826
00:37:12,360 --> 00:37:14,580
Objection.
Facts not in evidence.
827
00:37:14,580 --> 00:37:19,240
Well, then allow me
to give an offer of proof.
828
00:37:19,240 --> 00:37:24,550
A certified report from the New
York City Register's Office.
829
00:37:24,550 --> 00:37:29,640
Four transactions
in the past two years.
830
00:37:29,640 --> 00:37:33,340
I'll accept the offer. Proceed.
831
00:37:33,340 --> 00:37:35,780
You issued...
832
00:37:35,780 --> 00:37:41,080
several fictitious posts
about Black criminals
833
00:37:41,080 --> 00:37:44,740
on streets where each of
these properties were located.
834
00:37:44,740 --> 00:37:47,400
Each of these posts
described a man
835
00:37:47,400 --> 00:37:50,530
as armed, dangerous,
acting erratic.
836
00:37:50,530 --> 00:37:51,920
I'm not sure about that.
837
00:37:51,920 --> 00:37:56,010
Well, then let me help
refresh your memory.
838
00:37:56,010 --> 00:37:58,060
You do recognize these posts?
839
00:38:01,370 --> 00:38:02,580
I guess.
840
00:38:02,580 --> 00:38:07,500
And then,
within a matter of weeks,
841
00:38:07,500 --> 00:38:11,940
you purchased the apartment.
842
00:38:11,940 --> 00:38:14,070
You made a killing,
didn't you, Mr. Deluca?
843
00:38:14,070 --> 00:38:16,290
- Objection.
- Overruled.
844
00:38:16,290 --> 00:38:18,430
Answer the question, sir.
845
00:38:20,600 --> 00:38:23,950
I'm a businessman.
846
00:38:23,950 --> 00:38:26,480
I made a profit.
847
00:38:26,480 --> 00:38:28,570
Thank you.
That's all I have.
848
00:39:02,780 --> 00:39:05,470
Madame Foreperson,
has the jury reached a verdict?
849
00:39:05,470 --> 00:39:07,480
We have, Your Honor.
850
00:39:07,480 --> 00:39:09,000
How do you find?
851
00:39:09,000 --> 00:39:11,650
We find the defendant
guilty of manslaughter
852
00:39:11,650 --> 00:39:13,960
in the first degree.
853
00:39:13,960 --> 00:39:16,790
Members of the jury,
thank you for your service.
854
00:39:16,790 --> 00:39:18,090
You are excused.
855
00:39:18,090 --> 00:39:19,880
Court is in recess.
856
00:39:47,040 --> 00:39:49,520
Congratulations.
857
00:39:49,520 --> 00:39:51,780
Sometimes we get it right.
858
00:39:51,780 --> 00:39:54,520
But something tells me
that's not why you're here.
859
00:39:54,520 --> 00:39:58,050
Nope. I just got a call.
860
00:39:58,050 --> 00:40:01,360
Internal Affairs
is closing the investigation.
861
00:40:01,360 --> 00:40:02,840
Closing it?
862
00:40:02,840 --> 00:40:06,620
They found your allegations
to be unsubstantiated.
863
00:40:06,620 --> 00:40:11,230
I wish I could say
I was surprised, but...
864
00:40:11,230 --> 00:40:13,800
And what about
their allegations against me?
865
00:40:13,800 --> 00:40:16,330
That complaint stuck.
866
00:40:16,330 --> 00:40:20,070
They're suspending you
for a week without pay.
867
00:40:22,420 --> 00:40:23,810
Look, Jalen,
868
00:40:23,810 --> 00:40:26,770
I have seen positive changes
in the department,
869
00:40:26,770 --> 00:40:30,250
but the blue wall
is still the blue wall.
63910
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