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These are the user uploaded subtitles that are being translated: 1 00:00:21,938 --> 00:00:23,440 Where are you, Nadine? 2 00:00:39,372 --> 00:00:43,376 The witness has a history of running away, but we're confident we'll locate her. 3 00:00:43,460 --> 00:00:44,919 I just need an adjournment. 4 00:00:45,003 --> 00:00:48,673 I'm sorry, given the public turmoil this whole situation has stirred up, 5 00:00:48,757 --> 00:00:51,134 I think it's best we proceed as scheduled. 6 00:00:51,217 --> 00:00:53,237 I'd like to read the witness' testimony into the record... 7 00:00:53,261 --> 00:00:56,431 Your Honor, that is a clear violation of my clients' Crawford rights. 8 00:00:56,514 --> 00:00:59,976 I'm not about to subvert due process because the State misplaced its witness. 9 00:01:00,643 --> 00:01:01,895 Find her, Counselor. 10 00:01:02,896 --> 00:01:04,397 Trial will begin as scheduled. 11 00:01:06,357 --> 00:01:07,734 Needless to say, 12 00:01:07,817 --> 00:01:10,153 I'll move to have the case dismissed as soon as possible. 13 00:01:10,612 --> 00:01:12,280 I think Dolan will grant it. 14 00:01:12,363 --> 00:01:16,159 As long as your witness doesn't show up, you three are in the clear. 15 00:01:17,368 --> 00:01:18,368 Lucky you. 16 00:01:19,746 --> 00:01:21,039 And what about my case? 17 00:01:22,874 --> 00:01:24,667 Without aggravated manslaughter, 18 00:01:24,751 --> 00:01:26,461 you're still on the hook for death by auto. 19 00:01:26,544 --> 00:01:28,755 But the State's case is all circumstantial. 20 00:01:29,756 --> 00:01:33,092 Trial will come down to a choice between two narratives, 21 00:01:33,176 --> 00:01:36,387 hero cop versus a prosecutor playing the race card. 22 00:01:41,684 --> 00:01:44,604 Teresa Tonelli's on the prosecution's witness list. 23 00:01:44,687 --> 00:01:46,272 Your wife's cousin? 24 00:01:48,191 --> 00:01:49,192 Yeah. 25 00:01:51,111 --> 00:01:54,197 In an ideal world, she would say nothing... 26 00:01:55,323 --> 00:01:56,616 about the truck... 27 00:01:57,200 --> 00:02:00,620 or whatever transpired between the two of you when she borrowed it. 28 00:02:03,248 --> 00:02:04,457 That would be ideal. 29 00:02:07,794 --> 00:02:09,212 So, what we need to do... 30 00:02:12,465 --> 00:02:14,050 I need to see Pete alone. 31 00:02:16,386 --> 00:02:17,887 Given the circumstances... 32 00:02:18,763 --> 00:02:20,890 he might become my sole client. 33 00:02:20,974 --> 00:02:23,393 So, we need some privacy. 34 00:02:29,649 --> 00:02:30,900 You're in good hands. 35 00:02:37,407 --> 00:02:41,411 - I want you to know, I got nothing to do... - You want absolution? 36 00:02:42,495 --> 00:02:43,746 Find a priest. 37 00:02:44,497 --> 00:02:45,832 I don't fucking care. 38 00:02:46,583 --> 00:02:49,377 All I care about is clearing a cop's name 39 00:02:49,460 --> 00:02:51,700 so that people don't grab for their fucking camera phones 40 00:02:51,754 --> 00:02:53,423 every time they spot a badge. 41 00:03:01,931 --> 00:03:02,931 Hey. 42 00:03:04,017 --> 00:03:05,101 Osorio. 43 00:03:10,690 --> 00:03:12,984 We're in the homestretch, okay? 44 00:03:14,319 --> 00:03:16,029 We gotta keep the kid calm. 45 00:03:17,155 --> 00:03:20,700 He gets nervous, makes a deal, it all falls apart. 46 00:03:21,743 --> 00:03:24,120 You gotta keep it together, all right? 47 00:03:25,121 --> 00:03:26,372 I already did my part. 48 00:03:27,040 --> 00:03:28,625 - Hey! - Don't tell me what to do. 49 00:03:28,958 --> 00:03:30,668 Crazy running into you kids here. 50 00:03:31,544 --> 00:03:32,795 Yeah, funny. 51 00:03:32,879 --> 00:03:35,089 My dentist is in this building. 52 00:03:35,173 --> 00:03:37,800 Good guy, great drill work. If y'all ever need a, root canal, 53 00:03:37,884 --> 00:03:38,801 you let me know, okay? 54 00:03:38,885 --> 00:03:40,762 Let's bounce. Game's on, gonna miss the tip. 55 00:03:40,845 --> 00:03:44,015 No, hold up, hold up. Um, I need a little help finding a witness. 56 00:03:45,600 --> 00:03:48,686 Fifteenyearold kid, junkie, purple streak in her hair. 57 00:03:48,770 --> 00:03:50,789 I know you know her. Remember that picture I showed you? 58 00:03:50,813 --> 00:03:53,483 Why don't you get a canine search and rescue on it? 59 00:03:53,566 --> 00:03:55,461 Wait, what am I talking about? You got all those dogs, 60 00:03:55,485 --> 00:03:58,696 so, why don't you give them one of her panties to sniff? 61 00:03:58,780 --> 00:03:59,906 Aah. 62 00:03:59,989 --> 00:04:01,658 Nah, I'll let that one slide, D. 63 00:04:02,659 --> 00:04:05,620 But when I find my witness, if she tells me you so much as looked at her... 64 00:04:05,703 --> 00:04:07,664 What are you gonna fucking do, Fish? 65 00:04:12,335 --> 00:04:14,087 You lost your witness. 66 00:04:14,170 --> 00:04:16,756 Don't come at me 'cause you're shit police. 67 00:04:20,385 --> 00:04:21,719 Hey, Fish, you like birds? 68 00:04:23,388 --> 00:04:24,389 See you guys later. 69 00:04:28,643 --> 00:04:32,730 Perception will be key, so I need you to sit together in court. 70 00:04:32,814 --> 00:04:35,525 The jury will notice. I hope that's not a problem. 71 00:04:36,025 --> 00:04:37,025 It isn't. 72 00:04:38,361 --> 00:04:42,156 Good. As Brenton's mother, your testimony is so critical. 73 00:04:43,032 --> 00:04:46,661 The jury needs to see your son through your eyes. 74 00:04:46,744 --> 00:04:50,290 Let them feel your love and your pain. 75 00:04:50,373 --> 00:04:53,793 Half of them have children, so if you feel emotional, 76 00:04:53,876 --> 00:04:55,295 if you need to cry, 77 00:04:55,378 --> 00:04:57,463 don't be afraid to let them see that. 78 00:05:00,049 --> 00:05:01,759 The defense will come at you hard. 79 00:05:02,135 --> 00:05:05,972 She'll claim Brenton was a gang member, she'll paint you as a clueless parent. 80 00:05:06,055 --> 00:05:08,224 But I know who my child is. 81 00:05:09,017 --> 00:05:11,519 She'll mention the Port Authority arrest last summer 82 00:05:11,602 --> 00:05:15,189 since you were the one to pick Brenton up and pay the DEDR penalty. 83 00:05:15,273 --> 00:05:16,816 And that's why you needed that $500. 84 00:05:16,899 --> 00:05:18,579 - Brenton... - You said it was for the car. 85 00:05:18,651 --> 00:05:20,170 Brenton begged me not to say anything... 86 00:05:20,194 --> 00:05:22,864 - You should've told me! - Mr. Butler, we need to focus. 87 00:05:24,449 --> 00:05:27,035 We have just one day before trial. 88 00:05:27,118 --> 00:05:29,078 We need to be on the same side. 89 00:05:29,162 --> 00:05:30,842 We can't afford to let the jury see this... 90 00:05:31,331 --> 00:05:34,375 whatever this is going on between you two. 91 00:05:34,459 --> 00:05:36,377 You don't have to worry about me. 92 00:05:38,296 --> 00:05:39,296 Okay. 93 00:05:39,756 --> 00:05:42,759 We need to talk about Seth. I know how much Brenton meant to him, 94 00:05:42,842 --> 00:05:45,344 but his ties to the Five Kings only hurt us. 95 00:05:46,054 --> 00:05:48,598 So, the best thing that he can do is stay away. 96 00:06:17,877 --> 00:06:19,587 Marcelle's out with the kids. 97 00:06:19,670 --> 00:06:21,005 I came to see you. 98 00:06:26,552 --> 00:06:27,804 About the trial. 99 00:06:29,055 --> 00:06:31,140 The prosecutor doesn't want you to testify. 100 00:06:32,308 --> 00:06:35,853 What with your Five Kings, your past. 101 00:06:35,937 --> 00:06:37,313 Yeah, I figured as much. 102 00:06:37,897 --> 00:06:39,399 Um... 103 00:06:41,859 --> 00:06:43,986 She also doesn't want you to be at the trial. 104 00:06:44,946 --> 00:06:46,239 Said it won't look good. 105 00:06:51,494 --> 00:06:52,578 Whatever it takes. 106 00:06:53,663 --> 00:06:55,832 Whatever it takes to get justice for little man. 107 00:06:56,415 --> 00:06:58,626 - Okay. - I won't make no trouble. 108 00:06:59,043 --> 00:07:00,043 Good. 109 00:07:08,094 --> 00:07:09,512 Going back already? 110 00:07:13,558 --> 00:07:15,726 Thought all you wanted was to be home again. 111 00:07:19,355 --> 00:07:20,356 Home ain't here. 112 00:07:22,942 --> 00:07:24,026 Not no more. 113 00:07:33,286 --> 00:07:36,372 Respond to Lindenhurst marshlands to assist other officers. 114 00:07:36,456 --> 00:07:39,750 911 call received about female victim, Caucasian, 115 00:07:39,834 --> 00:07:41,377 14 to 18 years old. 116 00:07:41,461 --> 00:07:42,920 EMT units en route. 117 00:08:22,543 --> 00:08:23,543 Fish. 118 00:08:28,424 --> 00:08:30,426 It's not her. There's no purple in her hair. 119 00:08:32,470 --> 00:08:33,513 Come on. Let's go. 120 00:08:39,685 --> 00:08:42,396 That can't be her. 121 00:08:53,407 --> 00:08:54,407 Fish! 122 00:08:57,245 --> 00:08:59,580 The State's case against three of my clients 123 00:08:59,664 --> 00:09:02,625 rests entirely on this witness's testimony. 124 00:09:02,708 --> 00:09:05,044 I move to dismiss the charges against them. 125 00:09:05,127 --> 00:09:06,712 Counselor, any response to that? 126 00:09:07,296 --> 00:09:11,384 My witness turns up dead the day before trial. 127 00:09:12,552 --> 00:09:14,011 That doesn't bother anyone? 128 00:09:16,097 --> 00:09:18,224 She was a heroin addict who... 129 00:09:18,683 --> 00:09:21,269 in my understanding, overdosed. 130 00:09:22,395 --> 00:09:24,438 It's a tragedy, but not a crime. 131 00:09:24,522 --> 00:09:29,819 Your Honor, if you dismiss, without prejudice, please. 132 00:09:30,361 --> 00:09:32,947 In case any further evidence comes to light. 133 00:09:34,740 --> 00:09:37,702 Preliminary rapid tox came back positive for heroin. 134 00:09:37,785 --> 00:09:41,038 That plus the needle mark at the right interior forearm 135 00:09:41,122 --> 00:09:42,915 with the discoloration around it. 136 00:09:43,416 --> 00:09:46,919 Preliminary cause of death looks like acute heroin toxicity. 137 00:09:47,003 --> 00:09:51,007 Pending final tox results, I'm gonna call MOD an accident. 138 00:09:52,550 --> 00:09:53,926 You're saying she OD'd? 139 00:09:57,388 --> 00:09:59,265 You're wrong. That's wrong. 140 00:10:00,516 --> 00:10:01,767 Rinaldi. 141 00:10:01,851 --> 00:10:02,851 Hey. 142 00:10:03,352 --> 00:10:06,105 The kid's a junkie. Come on, you said it yourself. 143 00:10:35,217 --> 00:10:36,217 No. 144 00:10:39,221 --> 00:10:40,222 No. 145 00:10:44,977 --> 00:10:46,771 But she said she saw them. 146 00:10:47,605 --> 00:10:49,357 She made a statement, didn't she? 147 00:10:49,440 --> 00:10:51,859 - Why can't the jury know that? - It's not admissible. 148 00:10:51,942 --> 00:10:55,529 A defendant has a constitutional right to confront an accuser in court. 149 00:10:56,280 --> 00:10:58,282 What about Brenton's rights? 150 00:10:58,366 --> 00:11:02,078 They weren't thinking about his rights when they left him to die in that ditch. 151 00:11:02,161 --> 00:11:03,496 We lost our son. 152 00:11:05,039 --> 00:11:06,290 We lost everything. 153 00:11:09,043 --> 00:11:11,796 And now you're telling me he'll only get five years? 154 00:11:11,879 --> 00:11:13,798 Without the conspiracy charges, 155 00:11:14,757 --> 00:11:18,094 auto death carries a sentence of five to ten years. 156 00:11:18,886 --> 00:11:22,598 But as the defendant is a police officer, he has certain protections. 157 00:11:28,312 --> 00:11:32,942 In similar cases, I've never seen a sentence of more than five years. 158 00:11:34,026 --> 00:11:36,529 And it is likely that he will serve less than that. 159 00:11:40,366 --> 00:11:43,536 I will do everything in my power... 160 00:11:44,412 --> 00:11:46,497 to ensure he serves more. 161 00:12:00,761 --> 00:12:02,221 I'll do everything I can. 162 00:12:03,681 --> 00:12:04,974 I promise. I... 163 00:12:07,435 --> 00:12:08,435 Yeah. 164 00:12:10,604 --> 00:12:12,273 Everybody promises. 165 00:12:14,400 --> 00:12:17,278 You know, when I was growing up, I always thought that... 166 00:12:18,446 --> 00:12:19,697 I was different. 167 00:12:19,780 --> 00:12:21,157 And I believed. 168 00:12:23,075 --> 00:12:24,243 And I had faith. 169 00:12:25,327 --> 00:12:28,080 So, you're always thinking you're protected, you know, 170 00:12:28,164 --> 00:12:29,582 nothing's gonna touch me. 171 00:12:32,251 --> 00:12:33,836 Nothing gonna touch my family. 172 00:12:36,547 --> 00:12:38,466 And then something happens. 173 00:12:38,549 --> 00:12:40,259 And then you realize. 174 00:12:41,343 --> 00:12:43,387 Because it ain't just happening to me. 175 00:12:44,930 --> 00:12:46,599 It ain't just happen to my son. 176 00:12:48,476 --> 00:12:50,561 It's happening to black boys all over. 177 00:12:50,644 --> 00:12:55,274 I'll do everything in my power to ensure he serves more than that. 178 00:12:55,941 --> 00:12:57,943 He will pay for what he did. 179 00:12:58,611 --> 00:12:59,612 Really? 180 00:13:07,244 --> 00:13:08,244 A hate crime? 181 00:13:08,829 --> 00:13:10,122 And what does that mean? 182 00:13:10,206 --> 00:13:14,793 The assistant prosecutor is alleging that you left Brenton Butler for dead 183 00:13:14,877 --> 00:13:15,961 because of his race. 184 00:13:16,045 --> 00:13:18,881 He didn't know his race, he didn't even see him. 185 00:13:18,964 --> 00:13:22,801 If she can prove it's a hate crime, and you're convicted of auto death, 186 00:13:22,885 --> 00:13:25,429 your sentence will be enhanced, substantially. 187 00:13:25,846 --> 00:13:27,473 And what are we talking? 188 00:13:27,556 --> 00:13:29,183 Auto death is five to ten years. 189 00:13:30,100 --> 00:13:33,771 With this particular enhancement, you're looking at 20 to 30 years. 190 00:13:35,898 --> 00:13:36,898 Jesus Christ. 191 00:13:36,941 --> 00:13:42,404 She'll go after character, your history, any sort of racial bias in your past. 192 00:13:43,656 --> 00:13:46,659 Let's get to work. We don't have a lot of time. 193 00:13:47,117 --> 00:13:48,410 Can you put coffee on? 194 00:13:49,245 --> 00:13:50,538 I take mine black. 195 00:13:56,919 --> 00:13:57,920 Marie. 196 00:14:00,339 --> 00:14:02,059 I want you in court tomorrow with that baby. 197 00:14:03,217 --> 00:14:06,470 Every day, bring that baby. Understood? 198 00:14:12,935 --> 00:14:13,936 Killer! 199 00:14:37,334 --> 00:14:38,419 All rise. 200 00:14:39,587 --> 00:14:41,797 The honorable Judge Robert Dolan presiding. 201 00:14:49,138 --> 00:14:52,433 Case Number 8244032017, 202 00:14:52,516 --> 00:14:55,519 the State of New Jersey v. Peter Jablonski. 203 00:14:55,603 --> 00:14:58,522 Is the State ready to give its opening statements, Ms. Harper? 204 00:14:58,606 --> 00:14:59,607 Yes, Your Honor. 205 00:15:07,031 --> 00:15:09,575 This case is clear and simple. 206 00:15:11,243 --> 00:15:15,122 On the morning of February 15, 2017, 207 00:15:16,081 --> 00:15:18,167 as he drove through Liberty Park, 208 00:15:19,126 --> 00:15:21,128 Officer Peter Jablonski... 209 00:15:22,254 --> 00:15:24,298 hit 15yearold Brenton Butler... 210 00:15:24,924 --> 00:15:27,176 and fled the scene of his crime. 211 00:15:27,259 --> 00:15:30,387 Cell records place Officer Jablonski in the park, 212 00:15:31,013 --> 00:15:34,516 and blue paint chips recovered from Brenton's body 213 00:15:34,600 --> 00:15:37,937 match the blue Ford Escape registered to the defendant's wife, 214 00:15:38,020 --> 00:15:40,064 a car which is now mysteriously missing. 215 00:15:41,065 --> 00:15:42,691 After he hit Brenton, 216 00:15:43,567 --> 00:15:47,655 Officer Jablonski did not stop and render aid, 217 00:15:47,738 --> 00:15:51,033 as was his duty as an officer of the law. 218 00:15:51,116 --> 00:15:53,994 Instead, he made the heartless calculation 219 00:15:54,078 --> 00:15:58,332 that this young black boy's life mattered less than his own future. 220 00:16:00,125 --> 00:16:02,461 And he left Brenton in that ditch 221 00:16:03,212 --> 00:16:05,965 as a blizzard blanketed this city. 222 00:16:07,466 --> 00:16:09,343 Brenton lay there for 12 hours. 223 00:16:09,969 --> 00:16:13,263 But it took Officer Jablonski only a moment, 224 00:16:13,347 --> 00:16:15,057 a few seconds maybe, 225 00:16:16,183 --> 00:16:18,352 to deny a boy his life 226 00:16:18,811 --> 00:16:21,814 and ruin the lives of everyone who loved him. 227 00:16:22,815 --> 00:16:26,777 The reason the State has characterized this as a hate crime 228 00:16:26,860 --> 00:16:29,571 is that when Officer Jablonski made that decision, 229 00:16:30,030 --> 00:16:34,576 he acted under the biased belief that this young black child's life 230 00:16:34,660 --> 00:16:35,995 was disposable. 231 00:16:37,246 --> 00:16:40,916 As we will demonstrate from his record and his personal history, 232 00:16:41,959 --> 00:16:46,839 Officer Jablonski's prejudices led him to believe that no one would care enough 233 00:16:46,922 --> 00:16:49,299 to properly investigate Brenton's death. 234 00:16:49,383 --> 00:16:54,013 And no one would be willing to convict him for killing this child. 235 00:16:56,515 --> 00:16:58,434 You have the power to prove him wrong. 236 00:17:11,864 --> 00:17:17,369 The State would like you to believe its case is simple and straightforward. 237 00:17:18,871 --> 00:17:23,459 If they believe it's simple, it's because their facts are slight. 238 00:17:23,542 --> 00:17:25,062 If they tell you it's straightforward, 239 00:17:25,127 --> 00:17:28,297 that's because they don't want you to notice the holes. 240 00:17:28,881 --> 00:17:32,051 They have built a circumstantial case 241 00:17:32,134 --> 00:17:36,138 selectively assembled to cast guilt on my client, 242 00:17:37,097 --> 00:17:40,059 a young officer with a new family, 243 00:17:40,142 --> 00:17:41,560 a stellar record, 244 00:17:41,643 --> 00:17:43,979 and a profound sense of integrity. 245 00:17:44,855 --> 00:17:48,567 The only reason the State can tie him to that park at all 246 00:17:48,650 --> 00:17:50,986 is because he was doing his job. 247 00:17:51,653 --> 00:17:55,532 Someone hit Brenton Butler, and it is a tragedy. 248 00:17:57,117 --> 00:18:01,330 But this was in all likelihood a gangrelated death, 249 00:18:01,413 --> 00:18:03,207 not a hate crime. 250 00:18:03,290 --> 00:18:07,461 The very fact that the State has brought this charge at all 251 00:18:07,544 --> 00:18:11,548 tells you that this trial is a politically motivated stunt 252 00:18:11,632 --> 00:18:13,926 designed to placate a city 253 00:18:14,009 --> 00:18:17,221 that has been torn apart by the death of this young boy. 254 00:18:18,347 --> 00:18:23,102 Yes, race is a painful issue in this country. 255 00:18:23,185 --> 00:18:28,982 And yes, prejudice and bias are despicable realities. 256 00:18:29,066 --> 00:18:34,196 But the law is blind to all but the facts, and so must you be. 257 00:18:44,206 --> 00:18:45,874 You may proceed, Counselor. 258 00:18:47,876 --> 00:18:51,463 The State would like to call to the stand Sergeant Michael DiAngelo. 259 00:19:03,142 --> 00:19:05,620 Swear to tell the truth, the whole truth and nothing but the truth, 260 00:19:05,644 --> 00:19:07,688 - so help you God? - I do. 261 00:19:15,445 --> 00:19:18,157 Can you state your name and rank for the record? 262 00:19:18,240 --> 00:19:21,451 Michael DiAngelo. Sergeant, Special Investigations, 263 00:19:21,535 --> 00:19:23,453 AntiGang and Drug Unit, 264 00:19:23,537 --> 00:19:25,330 Jersey City Police Department. 265 00:19:25,789 --> 00:19:28,667 And what exactly does your job entail? 266 00:19:28,750 --> 00:19:32,045 I investigate the possession and distribution of narcotics 267 00:19:32,129 --> 00:19:36,466 and the criminal street gangs associated with the city's drug trade. 268 00:19:36,550 --> 00:19:40,095 And do you arrest these criminals or do you just investigate them? 269 00:19:40,179 --> 00:19:42,764 Objection. Your Honor, she's badgering her own witness. 270 00:19:42,848 --> 00:19:44,391 Ms. Harper, keep to the point. 271 00:19:48,020 --> 00:19:54,610 I'd like to mark this report dated February 15th, 2017 as Exhibit S1. 272 00:19:54,693 --> 00:19:59,323 It says you and Officer Wilcox were executing a controlled buy 273 00:19:59,406 --> 00:20:03,202 at the Riverside Projects on the morning of February 15th 274 00:20:03,285 --> 00:20:06,205 from approximately 6:00 a.m. to 9:00 a.m. 275 00:20:06,288 --> 00:20:07,289 Is that correct? 276 00:20:07,372 --> 00:20:09,458 - If that's what I wrote. - It is. 277 00:20:12,544 --> 00:20:15,881 Officer Jablonski wasn't present? Or Officer Osorio? 278 00:20:15,964 --> 00:20:17,174 They were both there. 279 00:20:18,258 --> 00:20:20,802 Jablonski wasn't an official member of my team yet, 280 00:20:20,886 --> 00:20:23,472 and Osorio I left off by mistake. 281 00:20:29,269 --> 00:20:31,563 Can the clerk please mark tower records 282 00:20:31,647 --> 00:20:34,191 from American Telephone and Telegraph, 283 00:20:35,234 --> 00:20:39,738 tower NJ148NJC as Exhibit S2. 284 00:20:39,821 --> 00:20:41,698 Sergeant, according to these records, 285 00:20:41,782 --> 00:20:44,451 at the times indicated in your report, 286 00:20:44,534 --> 00:20:47,079 your cell phone made several calls... 287 00:20:47,788 --> 00:20:49,373 from a tower serving Liberty Park, 288 00:20:49,456 --> 00:20:53,335 placing you either within the park or very close to its boundary. 289 00:20:53,418 --> 00:20:56,255 Well, most arrests don't happen at an exact address. 290 00:20:56,338 --> 00:20:58,173 They happen in the general vicinity. 291 00:20:58,924 --> 00:21:01,510 Criminals tend to... They... They move around. 292 00:21:02,135 --> 00:21:07,975 Your phone placed a sixminute call to Officer Jablonski's phone at 6:45 a.m. 293 00:21:08,058 --> 00:21:10,936 According to Bayonne Hospital security footage, 294 00:21:11,019 --> 00:21:15,190 Officer Jablonski didn't arrive until 7:33 a.m. 295 00:21:15,941 --> 00:21:18,860 Can you account for his whereabouts during those 42 minutes? 296 00:21:18,944 --> 00:21:20,320 Me personally? No. 297 00:21:20,529 --> 00:21:24,157 From the location you were actually at to Bayonne Hospital 298 00:21:24,241 --> 00:21:27,077 is routinely a 15minute drive at 7:00 a.m. 299 00:21:28,620 --> 00:21:30,831 - If you say so. - Google Maps says so. 300 00:21:33,208 --> 00:21:36,628 That leaves 27 minutes you can't account for. 301 00:21:37,379 --> 00:21:40,090 Twentyseven minutes during which Officer Jablonski 302 00:21:40,173 --> 00:21:42,426 could have been driving through Liberty Park. 303 00:21:45,220 --> 00:21:47,514 - That's possible, I suppose. - It is. 304 00:21:47,597 --> 00:21:51,560 And isn't it also possible that during that 27 minutes. 305 00:21:51,643 --> 00:21:55,480 Officer Jablonski hit Brenton Butler and drove away? 306 00:21:55,564 --> 00:21:56,564 No. 307 00:21:57,357 --> 00:21:59,526 Petey did not kill that kid. 308 00:22:00,527 --> 00:22:02,279 But you can't know that, Sergeant. 309 00:22:03,697 --> 00:22:05,657 Well, unless you were there in the park with him. 310 00:22:06,491 --> 00:22:07,492 Can you? 311 00:22:16,418 --> 00:22:20,464 I understand today in court is not your first encounter with Ms. Harper. 312 00:22:21,590 --> 00:22:24,676 My unit interacts with prosecutors a lot. 313 00:22:26,178 --> 00:22:27,721 I've met Ms. Harper before. 314 00:22:27,804 --> 00:22:32,017 Can you tell me about your interaction with Ms. Harper on March 8th? 315 00:22:34,352 --> 00:22:38,231 She didn't agree with my tactics in an investigation. 316 00:22:38,315 --> 00:22:40,984 She... She called me a "son of a bitch." 317 00:22:41,068 --> 00:22:44,237 - So, clearly, she has an ax to grind. - Objection! Relevance. 318 00:22:44,321 --> 00:22:45,947 Well, it goes to motivation. 319 00:22:46,406 --> 00:22:48,784 Prosecutor's bias led to these charges. 320 00:22:48,867 --> 00:22:49,993 Sustained. 321 00:22:50,077 --> 00:22:52,746 How the AP does her job is not on trial here. 322 00:22:52,829 --> 00:22:54,706 Sergeant, in your experience, 323 00:22:54,790 --> 00:22:57,000 is Liberty Park associated with gangs and drugs? 324 00:22:57,084 --> 00:22:58,001 It is. 325 00:22:58,085 --> 00:23:02,798 In your expert opinion, could a teenager left for dead in that park 326 00:23:02,881 --> 00:23:06,802 have been the victim of gang retaliation made to look like a hitandrun? 327 00:23:06,885 --> 00:23:09,137 I'd say that is definitely possible. 328 00:23:09,221 --> 00:23:11,640 Thank you, Sergeant. No further questions. 329 00:23:14,309 --> 00:23:16,937 Officer Osorio, are you a native Spanish speaker? 330 00:23:20,148 --> 00:23:21,191 Yeah. 331 00:23:21,274 --> 00:23:23,735 And have you ever personally felt singled out on the job 332 00:23:23,819 --> 00:23:24,819 when you spoke Spanish? 333 00:23:25,737 --> 00:23:29,574 - We don't see color, we see blue. - That's department policy, isn't it? 334 00:23:30,075 --> 00:23:32,828 Not to discriminate based on race or creed? 335 00:23:34,538 --> 00:23:36,414 Yeah. You know that. 336 00:23:36,498 --> 00:23:39,334 Have any of your coworkers in the Jersey City Police Department 337 00:23:39,417 --> 00:23:41,002 ever used racial epithets? 338 00:23:46,174 --> 00:23:48,176 - No. - Really? 339 00:23:48,260 --> 00:23:50,387 Objection. Your Honor, the State is fishing. 340 00:23:50,470 --> 00:23:53,431 Your Honor, I'm trying to establish a culture of racial attitudes 341 00:23:53,515 --> 00:23:55,451 that may have affected the defendant's state of mind. 342 00:23:55,475 --> 00:23:59,938 I'll allow it, but get to the point with the next question, Counselor. 343 00:24:00,522 --> 00:24:02,190 In Officer Jablonski's arrest record, 344 00:24:02,274 --> 00:24:06,194 both while in your unit and in the East District, 345 00:24:07,612 --> 00:24:11,241 there are disproportionate arrests of individuals of color. 346 00:24:12,367 --> 00:24:13,952 As a Puerto Rican officer, 347 00:24:14,995 --> 00:24:17,664 are you really telling me that race doesn't matter? 348 00:24:23,253 --> 00:24:24,504 Not in my experience. 349 00:24:25,505 --> 00:24:27,424 Are you lying to protect your fellow officer? 350 00:24:27,507 --> 00:24:28,758 Objection! Your Honor. 351 00:24:28,842 --> 00:24:31,136 Apologies, Your Honor. 352 00:24:33,597 --> 00:24:34,598 That's all I have. 353 00:24:37,893 --> 00:24:39,811 Can you state your name, please? 354 00:24:40,604 --> 00:24:42,397 Peter Matthew Jablonski. 355 00:24:43,523 --> 00:24:45,775 And what is your relationship to the defendant? 356 00:24:45,859 --> 00:24:46,860 I'm his father. 357 00:24:47,444 --> 00:24:50,780 I understand you and Mr. Jablonski's mother separated 358 00:24:50,864 --> 00:24:52,157 when he was a child. 359 00:24:53,241 --> 00:24:55,285 Were you involved at all in his upbringing? 360 00:24:55,368 --> 00:24:57,088 Well, just because she and I called it quits 361 00:24:57,162 --> 00:24:59,015 doesn't mean I was gonna leave him in the lurch. 362 00:24:59,039 --> 00:25:00,624 I had him weekends, some weekends, 363 00:25:00,707 --> 00:25:04,753 and, you know, I tried to teach him stuff that I learned the hard way, 364 00:25:04,836 --> 00:25:06,046 so he didn't have to. 365 00:25:06,546 --> 00:25:11,218 Were you with him during the incident that occurred on July 30th, 2004? 366 00:25:13,261 --> 00:25:14,512 Yeah, I was there. 367 00:25:16,806 --> 00:25:21,686 I'd like to mark Exhibits S4A and S4B at this time. 368 00:25:22,312 --> 00:25:23,521 Proceed. 369 00:25:46,044 --> 00:25:47,963 - Can you tell us what happened? - Sure. 370 00:25:48,964 --> 00:25:51,800 Petey was kind of a runt in high school, and this... 371 00:25:52,676 --> 00:25:54,803 corner kid was always picking on him. 372 00:25:54,886 --> 00:25:58,014 One time Pete saved up for some Jordans, 373 00:25:58,098 --> 00:26:01,726 and sure enough, that little thug jumped him. Stole them. 374 00:26:01,810 --> 00:26:04,104 Now I don't know about you, but no son of mine's 375 00:26:04,187 --> 00:26:08,358 gonna leave a beating unanswered, so I showed him a couple of moves, 376 00:26:08,441 --> 00:26:11,069 and then I marched him right on down back there. 377 00:26:11,152 --> 00:26:13,113 Petey destroyed that kid. 378 00:26:14,948 --> 00:26:16,116 Taught that animal a lesson. 379 00:26:16,992 --> 00:26:19,619 And do you think this incident might have left your son 380 00:26:19,703 --> 00:26:21,663 with any reason for racial animus? 381 00:26:25,208 --> 00:26:28,545 Yeah, okay. You're black, I'm white, bottom line. I got eyes. 382 00:26:29,212 --> 00:26:30,755 You know, the trouble comes when... 383 00:26:30,839 --> 00:26:33,300 When we pretend like people aren't who they are. 384 00:26:37,470 --> 00:26:39,097 No further questions, Your Honor. 385 00:26:52,527 --> 00:26:57,198 Isn't it true you haven't spoken to your son since he was 18? 386 00:26:57,824 --> 00:27:00,577 That is until February 23rd, 387 00:27:00,660 --> 00:27:03,121 when he continued to insist on no contact. 388 00:27:03,204 --> 00:27:05,206 That sounds like his mother talking. 389 00:27:05,290 --> 00:27:07,208 Would it have anything to do with the abuse 390 00:27:07,292 --> 00:27:09,210 he and his mother suffered at your hands? 391 00:27:15,050 --> 00:27:18,970 Your Honor, I'd like to mark this Jersey City Hospital report 392 00:27:19,387 --> 00:27:23,558 from August 28th, 1995 Exhibit D1. 393 00:27:35,278 --> 00:27:36,404 Broken arm. 394 00:27:38,406 --> 00:27:39,908 Dislocated shoulder. 395 00:27:41,034 --> 00:27:42,786 Two broken ribs, 396 00:27:42,869 --> 00:27:47,791 extensive bruising on arms, back, neck, and face. 397 00:27:47,874 --> 00:27:50,752 How old was your son when you did this to him? 398 00:27:51,961 --> 00:27:54,422 I don't remember exactly. This was an accident. 399 00:27:56,007 --> 00:27:58,676 He was six, Mr. Jablonski. 400 00:27:59,427 --> 00:28:01,179 Your son was six years old. 401 00:28:15,402 --> 00:28:16,403 You okay? 402 00:28:19,489 --> 00:28:21,199 Osorio looked like shit up there. 403 00:28:22,409 --> 00:28:23,868 You talk to him lately? 404 00:28:23,952 --> 00:28:26,955 I figure we'll give him some space. 405 00:28:28,039 --> 00:28:30,125 He'll talk when he's ready. All right? 406 00:28:30,208 --> 00:28:31,501 - All right. - Okay. 407 00:28:31,584 --> 00:28:33,837 - Ms. Harper, can we get a statement? - Ms. Harper! 408 00:28:33,920 --> 00:28:37,966 Is Officer's Jablonski's alleged crime part of a larger culture at the JCPD? 409 00:28:38,550 --> 00:28:43,054 One can't help but wonder why an officer of the law like Mr. Jablonski 410 00:28:43,138 --> 00:28:45,807 chose to leave a young black child to die in a ditch. 411 00:28:45,890 --> 00:28:47,016 You fucked up. 412 00:28:48,017 --> 00:28:50,137 I don't know what the fuck you're talking about, Fish. 413 00:28:50,186 --> 00:28:52,647 Medical examiner said she shot up. She didn't use needles. 414 00:28:53,440 --> 00:28:54,524 Okay. 415 00:28:55,358 --> 00:28:57,569 A heroin junkie who's health conscious, that's nice. 416 00:28:57,986 --> 00:29:00,029 - Hey! - You fucked up, motherfucker! 417 00:29:00,280 --> 00:29:01,280 Yeah, you did! 418 00:29:02,657 --> 00:29:04,492 I fucking got you, you piece of shit! 419 00:29:04,576 --> 00:29:06,411 Got nothing, motherfucker. You got nothing! 420 00:29:07,454 --> 00:29:09,706 Get the fuck off me! Get the fuck off. 421 00:29:10,290 --> 00:29:13,460 Ms. Harper, what do you think of that? 422 00:29:26,264 --> 00:29:27,264 Hey. 423 00:29:28,475 --> 00:29:29,475 Welcome... 424 00:29:30,894 --> 00:29:32,103 to my home. 425 00:29:36,191 --> 00:29:37,942 I talked to Connelly. 426 00:29:39,986 --> 00:29:42,155 He's gonna make sure you only get yelled at. 427 00:29:42,739 --> 00:29:43,740 A little. 428 00:29:50,872 --> 00:29:51,790 I'm sorry. 429 00:29:51,873 --> 00:29:53,291 Do not apologize. 430 00:29:54,209 --> 00:29:55,335 He deserved it. 431 00:30:01,174 --> 00:30:02,175 God. 432 00:30:12,519 --> 00:30:13,812 We can still get them. 433 00:30:14,229 --> 00:30:16,189 If I can flip Jablonski, then... 434 00:30:31,913 --> 00:30:34,624 Black lives matter! Black lives matter! 435 00:30:34,707 --> 00:30:38,795 Support our cops! Support our cops! 436 00:30:44,843 --> 00:30:47,053 They subpoenaed me. Said I had to be here. 437 00:30:47,136 --> 00:30:49,264 Whatever you say up there, don't hurt us. 438 00:30:49,389 --> 00:30:51,015 Are you asking me to lie? 439 00:30:52,433 --> 00:30:54,018 Better take care of your girl. 440 00:31:07,615 --> 00:31:08,615 You got it? 441 00:31:09,409 --> 00:31:10,451 Come on. 442 00:31:12,370 --> 00:31:13,872 Look at this guy? 443 00:31:14,706 --> 00:31:16,332 What's going on with this hat? 444 00:31:16,416 --> 00:31:17,876 What's going on with the hat? 445 00:31:17,959 --> 00:31:20,461 Know what I mean? What's this? What is this? 446 00:31:22,672 --> 00:31:24,132 Tell me about the seagulls. 447 00:31:26,134 --> 00:31:27,427 Brenton loved them. 448 00:31:28,428 --> 00:31:30,638 I don't know how it started, 449 00:31:30,763 --> 00:31:34,017 but they were everywhere. On... 450 00:31:34,934 --> 00:31:37,145 napkins, notebooks, 451 00:31:37,687 --> 00:31:40,690 the wall in his bedroom. 452 00:31:40,773 --> 00:31:45,570 And he would make these little papiermâché ones too. 453 00:31:45,653 --> 00:31:48,281 He gave those to the people he loved. 454 00:31:48,364 --> 00:31:53,494 And you found one of those papiermâché seagulls in Brenton's hospital room 455 00:31:53,578 --> 00:31:54,913 after the accident? 456 00:31:55,455 --> 00:31:57,415 Yes, on his bed. 457 00:31:58,791 --> 00:32:00,418 Someone had put it there. 458 00:32:02,962 --> 00:32:04,255 That man. 459 00:32:07,675 --> 00:32:09,052 How do you know that? 460 00:32:09,135 --> 00:32:11,554 Because I saw him the night before in Brenton's room. 461 00:32:12,013 --> 00:32:15,683 I went to pray with my husband and our church. 462 00:32:15,767 --> 00:32:18,436 And when I came back, he was there, 463 00:32:19,395 --> 00:32:20,688 standing over Brenton. 464 00:32:22,315 --> 00:32:23,900 He asked me if... 465 00:32:25,777 --> 00:32:27,195 if he was gonna live. 466 00:32:30,365 --> 00:32:34,661 And then he claimed he was in the wrong room and ran out. 467 00:32:36,579 --> 00:32:39,040 I'd like to present these photos, 468 00:32:39,123 --> 00:32:41,834 previously marked as Exhibits S5A 469 00:32:42,377 --> 00:32:43,377 and S5B. 470 00:32:51,719 --> 00:32:53,888 This is the seagull from Brenton's bike. 471 00:33:03,773 --> 00:33:06,567 Is that the seagull that you recovered from Brenton's room 472 00:33:06,651 --> 00:33:08,444 after your encounter with the defendant? 473 00:33:09,487 --> 00:33:11,030 Yes, it is. 474 00:33:11,114 --> 00:33:13,533 Mrs. Butler, why do you think 475 00:33:13,616 --> 00:33:17,829 that Officer Jablonski would remove evidence from the crime scene, 476 00:33:18,538 --> 00:33:21,040 and then leave it in the hospital room of the victim? 477 00:33:21,124 --> 00:33:23,084 Because he felt guilty. 478 00:33:24,711 --> 00:33:26,462 He knew what he did to my son. 479 00:33:28,172 --> 00:33:29,257 He knew... 480 00:33:31,676 --> 00:33:32,844 He knew. 481 00:33:33,511 --> 00:33:34,511 Thank you. 482 00:33:35,346 --> 00:33:36,639 No further questions. 483 00:33:54,449 --> 00:33:59,871 Mrs. Butler, please let me convey my deepest sympathy for your loss. 484 00:33:59,954 --> 00:34:02,290 I know this must be very hard for you. 485 00:34:03,499 --> 00:34:05,793 It's never hard to talk about my son. 486 00:34:05,877 --> 00:34:10,631 And I understand you must have wanted answers after this tragedy. 487 00:34:10,715 --> 00:34:11,883 Who did this? 488 00:34:11,966 --> 00:34:15,011 Why was Brenton in that park that morning? 489 00:34:15,094 --> 00:34:18,139 Objection! Is there a question for the witness? 490 00:34:18,639 --> 00:34:19,766 I'll rephrase. 491 00:34:19,849 --> 00:34:22,143 You were searching for answers, Mrs. Butler. 492 00:34:23,019 --> 00:34:24,937 Is that why you followed my client? 493 00:34:25,021 --> 00:34:27,148 Why you waited outside of his house? 494 00:34:28,316 --> 00:34:29,984 I knew he knew something. 495 00:34:30,068 --> 00:34:32,278 How many times did you go to his house? 496 00:34:35,448 --> 00:34:39,118 - I don't remember exactly. - More than twice? 497 00:34:39,702 --> 00:34:42,246 - Three, four times maybe? - Maybe. 498 00:34:42,830 --> 00:34:44,665 Does that include the time you accosted him 499 00:34:44,749 --> 00:34:46,501 at the Greenplace Market in Bayonne? 500 00:34:46,584 --> 00:34:48,169 He was avoiding me. 501 00:34:50,379 --> 00:34:53,800 This is what I'm struggling to understand, Mrs. Butler. 502 00:34:54,217 --> 00:34:58,930 My client could have brought that seagull out of sympathy, no? 503 00:34:59,764 --> 00:35:02,433 Why did you assume it meant he killed your son? 504 00:35:02,892 --> 00:35:03,893 I didn't at first. 505 00:35:03,976 --> 00:35:06,395 Is it possible you had answers, 506 00:35:06,938 --> 00:35:10,066 Mrs. Butler, just not the ones you wanted? 507 00:35:12,902 --> 00:35:16,781 - I don't understand the question. - Let me give you a concrete example. 508 00:35:18,074 --> 00:35:22,662 Why did you pick up Brenton at Port Authority on August 4th, 2016? 509 00:35:22,745 --> 00:35:24,831 - Objection! - Overruled. 510 00:35:24,914 --> 00:35:26,833 The issue has already been decided. 511 00:35:28,376 --> 00:35:29,710 Answer the question. 512 00:35:33,840 --> 00:35:35,299 He had been arrested. 513 00:35:35,675 --> 00:35:36,675 Right. 514 00:35:37,635 --> 00:35:40,054 In the company of Kadeuce Porter, 515 00:35:40,930 --> 00:35:43,641 for criminal possession of narcotics with the intent to distribute. 516 00:35:43,724 --> 00:35:45,393 It was two joints. 517 00:35:45,476 --> 00:35:47,145 I worked at St. Peter's school. 518 00:35:47,228 --> 00:35:50,773 Half those kids had ten times that amount in their locker. 519 00:35:50,857 --> 00:35:52,257 How many of them have been arrested 520 00:35:52,316 --> 00:35:54,861 with a known member of the largest street gang in Jersey... 521 00:35:54,944 --> 00:35:56,445 Brenton wasn't in a gang. 522 00:35:56,529 --> 00:35:59,031 - How can you be so sure? - Because I'm his mother. 523 00:36:00,074 --> 00:36:04,287 Isn't it possible he might have kept his gang affiliation from you 524 00:36:04,370 --> 00:36:06,414 precisely because you're his mother? 525 00:36:06,497 --> 00:36:07,498 No! 526 00:36:08,666 --> 00:36:10,084 I know my son. 527 00:36:10,960 --> 00:36:12,420 I would've known. 528 00:36:12,503 --> 00:36:16,507 Do you know why he was in Liberty Park that morning? 529 00:36:25,099 --> 00:36:26,099 No. 530 00:36:37,653 --> 00:36:39,947 Are you still employed at St. Peter's Prep? 531 00:36:41,824 --> 00:36:43,034 Not currently. 532 00:36:43,993 --> 00:36:46,537 I understand it's been hard since Brenton's death. 533 00:36:46,871 --> 00:36:48,915 You and your husband both lost your jobs. 534 00:36:50,082 --> 00:36:52,168 You have a mortgage on a new house. 535 00:36:53,002 --> 00:36:54,002 What... 536 00:36:54,128 --> 00:36:56,547 What does this have to do with Brenton? 537 00:36:56,631 --> 00:36:58,925 Have you ever met Jay Sterling? 538 00:36:59,300 --> 00:37:00,343 Yes. 539 00:37:00,927 --> 00:37:02,803 Jay's an accomplished civil litigator. 540 00:37:03,554 --> 00:37:05,932 He has a lot of experience with wrongful death suits 541 00:37:06,015 --> 00:37:07,475 against municipalities. 542 00:37:07,558 --> 00:37:08,935 Is that why you sought him? 543 00:37:09,018 --> 00:37:14,023 No, he... he... he said that he could help get justice for Brenton. 544 00:37:15,066 --> 00:37:16,609 You mean with a civil suit. 545 00:37:17,318 --> 00:37:19,612 - No. - That's how it works, right? 546 00:37:21,030 --> 00:37:22,823 You get a criminal conviction 547 00:37:22,907 --> 00:37:26,160 and the city almost guarantees you a generous offer. 548 00:37:26,244 --> 00:37:30,081 It wasn't about the money, it was about making him tell the truth. 549 00:37:30,164 --> 00:37:31,165 Of course. 550 00:37:32,500 --> 00:37:33,584 But the money would help. 551 00:37:38,297 --> 00:37:40,007 No further questions, Your Honor. 552 00:37:48,599 --> 00:37:49,767 I failed him. 553 00:37:52,520 --> 00:37:54,188 I failed Brenton. 554 00:37:55,064 --> 00:37:56,899 You showed them who Brenton was. 555 00:37:57,316 --> 00:38:00,861 - And the jury won't forget that. - No. The money. 556 00:38:01,153 --> 00:38:03,322 That's all they'll remember is the money. 557 00:38:04,991 --> 00:38:07,326 It's like they killed Brenton all over again. 558 00:38:10,288 --> 00:38:11,622 I need to testify. 559 00:38:14,166 --> 00:38:17,712 Mr. Butler, she's gonna try and do the exact same thing to you, 560 00:38:17,795 --> 00:38:19,880 - and if you waver at all... - I won't. 561 00:38:23,843 --> 00:38:24,843 I won't. 562 00:38:31,142 --> 00:38:32,893 Why did you move, Mr. Butler? 563 00:38:32,977 --> 00:38:35,062 Grew up all my life in those projects. 564 00:38:35,146 --> 00:38:36,772 I promised myself one thing: 565 00:38:37,315 --> 00:38:40,693 When I had a family, I was gonna get them out of there as soon as I could. 566 00:38:42,862 --> 00:38:44,739 So you saved up for this house? 567 00:38:45,656 --> 00:38:48,075 Took me near on ten years. But yes, I did. 568 00:38:50,953 --> 00:38:54,540 And I don't need any settlement from the city to pay my mortgage. 569 00:38:54,623 --> 00:38:56,500 I pay my own bills, always have. 570 00:39:00,463 --> 00:39:04,425 And was part of the reason you moved to get Brenton out of the projects? 571 00:39:04,508 --> 00:39:05,508 Yes. 572 00:39:07,136 --> 00:39:08,888 When a boy reaches a certain age, 573 00:39:10,306 --> 00:39:13,184 the world has a way of asserting itself. 574 00:39:13,976 --> 00:39:15,561 I don't want that for Brenton. 575 00:39:16,312 --> 00:39:18,522 He wasn't built for that. He was different. 576 00:39:18,606 --> 00:39:22,026 Mr. Butler, did you see any evidence 577 00:39:22,109 --> 00:39:26,072 that Brenton was involved in gang activity of any kind? 578 00:39:26,614 --> 00:39:29,325 No. He was not in a gang. 579 00:39:29,742 --> 00:39:32,370 And that bike he was on, the one the Kings ride? 580 00:39:33,579 --> 00:39:34,663 It wasn't his. 581 00:39:37,792 --> 00:39:41,128 You mean the bike Brenton was riding when he was hit? 582 00:39:42,046 --> 00:39:43,046 Yeah. 583 00:39:43,089 --> 00:39:44,507 A friend loaned it to him. 584 00:39:47,968 --> 00:39:51,472 And what makes you so certain that your son wasn't in the Five Kings? 585 00:39:51,555 --> 00:39:54,392 When you're a King, you gotta front, 586 00:39:55,643 --> 00:39:56,727 act hard, 587 00:39:57,770 --> 00:39:59,897 be ready to throw down at any time. 588 00:40:02,441 --> 00:40:03,692 My son wasn't hard. 589 00:40:06,070 --> 00:40:07,530 He was kind and good. 590 00:40:08,280 --> 00:40:09,448 Sweet. 591 00:40:11,283 --> 00:40:13,536 Still wore the clothes his mama bought for him. 592 00:40:21,252 --> 00:40:22,920 No further questions, Your Honor. 593 00:40:28,676 --> 00:40:31,137 Whose bike was it, Mr. Butler? 594 00:40:31,220 --> 00:40:33,472 It was his friend, Kadeuce Porter. 595 00:40:33,556 --> 00:40:36,934 The same Kadeuce Porter that Brenton was arrested with? 596 00:40:37,810 --> 00:40:38,810 Yes. 597 00:40:39,895 --> 00:40:41,939 Isn't it possible, or even likely, 598 00:40:42,022 --> 00:40:43,983 that Kadeuce loaned Brenton that bike, 599 00:40:44,066 --> 00:40:46,527 that expensive, highstatus bike, 600 00:40:46,610 --> 00:40:49,613 because Brenton was, in fact, a member of the Five Kings? 601 00:40:49,697 --> 00:40:52,241 No, I asked Kadeuce. He said the bike was his. 602 00:40:53,200 --> 00:40:54,827 You believe a known gang member? 603 00:40:54,910 --> 00:40:57,746 I believe a boy I've known since he was a child. 604 00:40:57,830 --> 00:41:00,791 Do you have any family members who were involved with the Kings? 605 00:41:06,046 --> 00:41:07,882 Your youngest brother, Seth. 606 00:41:08,966 --> 00:41:10,301 He was a known member. 607 00:41:10,843 --> 00:41:12,178 Isn't that true? 608 00:41:12,261 --> 00:41:13,471 Seth got out, 609 00:41:14,430 --> 00:41:16,849 enlisted in the Air Force, served his country. 610 00:41:16,932 --> 00:41:19,143 He never would've involved Brenton in any of that. 611 00:41:19,226 --> 00:41:22,104 Still, with so many gang members in his life, 612 00:41:22,188 --> 00:41:26,150 you must've been afraid that he'd get caught up in that world. 613 00:41:27,359 --> 00:41:30,404 Can you tell me about an incident involving Social Services 614 00:41:30,488 --> 00:41:32,573 from September 2016? 615 00:41:38,329 --> 00:41:44,543 Apparently, Brenton went to class with a mark across his calves. 616 00:41:45,377 --> 00:41:46,587 I, um... 617 00:41:46,670 --> 00:41:48,422 I had disciplined him with a belt. 618 00:41:50,591 --> 00:41:52,218 He hadn't come home that night. 619 00:41:53,677 --> 00:41:56,430 And I used the belt just that one time, never again. 620 00:41:59,308 --> 00:42:01,435 My son was an upstanding young man. 621 00:42:03,437 --> 00:42:06,524 And yet, the teacher called Social Services. 622 00:42:07,107 --> 00:42:10,444 - She was that alarmed by the bruising. - Objection, hearsay. 623 00:42:10,528 --> 00:42:13,364 Your Honor, I'd like to submit these records 624 00:42:13,447 --> 00:42:15,282 from Child Protective Services 625 00:42:15,366 --> 00:42:19,119 dated September 5th, 2016, 626 00:42:19,203 --> 00:42:21,121 Exhibit D2. 627 00:42:31,048 --> 00:42:34,385 Mr. Butler, you were scared, 628 00:42:35,261 --> 00:42:38,138 because you didn't know where Brenton had been that night. 629 00:42:39,014 --> 00:42:40,182 Is that correct? 630 00:42:41,934 --> 00:42:42,934 Yes. 631 00:42:43,811 --> 00:42:48,732 And you don't know if Kadeuce had recruited him into the Kings. 632 00:42:48,816 --> 00:42:50,192 He didn't belong... 633 00:42:50,276 --> 00:42:54,071 And you don't know why he was in Liberty Park that morning. 634 00:42:54,154 --> 00:42:55,406 I do know why. 635 00:42:57,908 --> 00:43:00,244 He was cutting through the park to go to school. 636 00:43:00,327 --> 00:43:01,620 "Cutting through"? 637 00:43:01,704 --> 00:43:05,165 That park is halfway across the city from his home, his school. 638 00:43:05,249 --> 00:43:08,502 Why would he bike there to get to school? 639 00:43:10,671 --> 00:43:12,006 No further questions. 640 00:43:12,631 --> 00:43:14,466 He was with another boy. 641 00:43:14,550 --> 00:43:15,801 Speak up, Mr. Butler. 642 00:43:22,850 --> 00:43:24,768 He was with another boy. 643 00:43:30,733 --> 00:43:32,318 He spent that night with him. 644 00:43:36,405 --> 00:43:39,241 And then Brenton went on to school that morning after. 645 00:43:43,537 --> 00:43:44,663 And that boy... 646 00:43:47,666 --> 00:43:49,126 he was my son's... 647 00:43:52,796 --> 00:43:53,839 friend. 648 00:44:00,971 --> 00:44:04,099 I'd like to move that last statement be stricken from the record. 649 00:44:04,183 --> 00:44:06,477 - Your Honor, on what grounds? - Hearsay. 650 00:44:06,560 --> 00:44:09,063 The witness will say anything to protect his son. 651 00:44:09,146 --> 00:44:10,731 She can't just assume that he's lying! 652 00:44:10,814 --> 00:44:12,149 Sustained. 653 00:44:12,232 --> 00:44:14,401 Counselor, tone. 654 00:44:18,864 --> 00:44:21,784 That portion of the testimony will be stricken from the record and... 655 00:44:21,867 --> 00:44:23,035 Your Honor. 656 00:44:24,328 --> 00:44:25,579 I know who the boyfriend is. 657 00:44:25,663 --> 00:44:28,374 I'd like to add him as a witness, 658 00:44:28,457 --> 00:44:31,251 and I request that he be allowed to testify in camera 659 00:44:31,335 --> 00:44:33,045 to protect his identity. 660 00:44:44,181 --> 00:44:45,224 Thank you, Officers. 661 00:44:46,934 --> 00:44:49,395 Young man, please have a seat over here. 662 00:44:57,694 --> 00:45:00,030 I want a lawyer. I know my rights. 663 00:45:00,114 --> 00:45:02,395 You don't need a lawyer. You're being called as a witness. 664 00:45:02,449 --> 00:45:03,449 About what? 665 00:45:03,992 --> 00:45:06,787 And this court can compel you to testify. 666 00:45:07,579 --> 00:45:11,291 Testimony was given today about your relationship with Brenton Butler. 667 00:45:11,375 --> 00:45:12,960 Look, Brenton wasn't no King. 668 00:45:13,043 --> 00:45:14,420 - So can I go now? - No. 669 00:45:14,920 --> 00:45:16,422 That's not what we're asking. 670 00:45:17,172 --> 00:45:19,299 Counselor, your witness. 671 00:45:22,678 --> 00:45:25,431 - Kadeuce, I know this is hard. - You do? 672 00:45:26,348 --> 00:45:28,475 You know how it look, cops pulling up on the corner, 673 00:45:28,559 --> 00:45:29,852 bringing me in here? 674 00:45:30,436 --> 00:45:31,979 Your testimony will be sealed. 675 00:45:33,689 --> 00:45:38,652 What we need to know is the nature of your relationship with Brenton. 676 00:45:38,735 --> 00:45:39,945 My relationship? 677 00:45:44,032 --> 00:45:49,788 What was the exact nature of your relationship with Brenton Butler? 678 00:45:51,206 --> 00:45:52,875 I don't know what you talking about. 679 00:45:52,958 --> 00:45:55,961 I know this is difficult, but please, if you can tell us... 680 00:45:56,044 --> 00:45:59,673 - Objection. He's already given his answer. - Who the fuck is she? 681 00:45:59,756 --> 00:46:02,342 You will watch your language in my presence, young man. 682 00:46:02,426 --> 00:46:04,845 Your Honor, this is a delicate matter. 683 00:46:05,471 --> 00:46:07,598 Some leeway, please. 684 00:46:08,432 --> 00:46:09,516 Overruled. 685 00:46:10,517 --> 00:46:11,685 For the moment. 686 00:46:11,768 --> 00:46:13,270 Mr. Butler claims... 687 00:46:13,937 --> 00:46:17,107 you told him that you know where Brenton was 688 00:46:17,191 --> 00:46:18,692 the night before the accident. 689 00:46:20,444 --> 00:46:21,528 Can you tell us? 690 00:46:22,029 --> 00:46:25,157 And also, who he was with, if anyone? 691 00:46:45,928 --> 00:46:46,928 Brenton... 692 00:46:51,016 --> 00:46:52,017 he and me... 693 00:46:57,856 --> 00:46:59,233 were together that night. 694 00:47:07,699 --> 00:47:11,662 I ain't never had no home where I felt like I belonged. 695 00:47:14,915 --> 00:47:16,750 Like I wasn't a burden on folks. 696 00:47:21,463 --> 00:47:23,131 I was a burden on everybody. 697 00:47:27,678 --> 00:47:28,929 But not to Brenton. 698 00:47:35,477 --> 00:47:36,603 Not to him. 699 00:47:49,241 --> 00:47:52,035 Mr. Butler's testimony will remain in the record 700 00:47:52,119 --> 00:47:53,537 and the court will provide the jury 701 00:47:53,620 --> 00:47:57,165 with transcripts of supporting testimony given in camera, 702 00:47:57,249 --> 00:47:59,376 which will otherwise remain sealed. 703 00:48:00,252 --> 00:48:02,129 We've accomplished enough for one day. 704 00:48:02,713 --> 00:48:04,381 Court is adjourned until 10:00 a.m. 705 00:48:06,425 --> 00:48:07,425 This way. 706 00:48:25,068 --> 00:48:27,904 You had a good day today. Congratulations. 707 00:48:29,072 --> 00:48:31,575 You should celebrate, have a drink. 708 00:48:50,469 --> 00:48:51,469 Thank you. 709 00:48:54,556 --> 00:48:56,683 - I did it for Brenton. - I know. 710 00:48:57,768 --> 00:49:01,188 But if you ever need a place to lie low, come see me, you understand? 711 00:49:02,856 --> 00:49:04,900 I got a lot more room these days. 712 00:49:05,734 --> 00:49:07,861 I been surviving this place my whole life. 713 00:49:08,946 --> 00:49:10,781 I ain't need nothing from you then, 714 00:49:11,031 --> 00:49:12,658 and I don't need it now. 715 00:49:27,756 --> 00:49:28,799 What you looking at? 716 00:49:30,217 --> 00:49:31,510 Go back to work. 717 00:49:38,058 --> 00:49:41,728 I do so solemnly swear that I will support and defend... 718 00:49:41,812 --> 00:49:45,023 I do solemnly swear that I will support and defend... 719 00:49:45,107 --> 00:49:47,150 The Constitution of the United States... 720 00:49:47,234 --> 00:49:49,277 The Constitution of the United States... 721 00:49:49,361 --> 00:49:52,322 Against all enemies, foreign and domestic. 722 00:49:52,406 --> 00:49:55,283 Against all enemies, foreign and domestic. 723 00:49:55,367 --> 00:49:57,911 Congratulations. You made a great decision. 724 00:50:18,056 --> 00:50:21,017 Marcelle told me that you wouldn't even let her come, 725 00:50:21,101 --> 00:50:26,273 and I said there's no way I was gonna let you ship off without saying bye. 726 00:50:26,356 --> 00:50:28,817 No, I already put y'all through it once, so... 727 00:50:29,651 --> 00:50:31,291 Figured you didn't need a repeat of that. 728 00:50:31,903 --> 00:50:33,780 Are you sure about this? 729 00:50:35,949 --> 00:50:37,534 I ain't got nowhere else to go. 730 00:50:40,954 --> 00:50:42,289 Come home. 731 00:50:43,290 --> 00:50:47,127 Least over there, I know who the enemy's supposed to be. 732 00:50:47,210 --> 00:50:49,880 That gun that I got from Vontrell to kill Jablonski? 733 00:50:49,963 --> 00:50:51,923 It was greenlit by another cop. 734 00:50:52,424 --> 00:50:53,675 His higherup. 735 00:50:54,217 --> 00:50:55,217 Di... 736 00:50:55,719 --> 00:50:56,719 DiAngelo. 737 00:50:59,055 --> 00:51:02,851 These motherfuckers are making bank off our people's blood. 738 00:51:04,728 --> 00:51:06,521 I should have never put that on you. 739 00:51:10,317 --> 00:51:12,194 - I gotta go. - Please, Seth. 740 00:51:12,277 --> 00:51:14,154 - I... - Stay. 741 00:51:14,237 --> 00:51:15,989 - Tricey. - Stay for me. 742 00:51:16,740 --> 00:51:18,867 Stay for your brother. Please. 743 00:51:20,577 --> 00:51:21,661 I gotta go. 744 00:51:32,798 --> 00:51:33,965 Bye, Trice. 745 00:51:34,883 --> 00:51:36,092 Bye, Tricey. 746 00:51:44,309 --> 00:51:45,309 Petey. 747 00:51:45,852 --> 00:51:47,187 Petey. 748 00:51:48,647 --> 00:51:50,106 There's someone out back. 749 00:52:14,130 --> 00:52:15,130 Fuck. 750 00:52:22,973 --> 00:52:23,974 Can't sleep. 751 00:52:27,686 --> 00:52:28,854 You too? 752 00:52:30,355 --> 00:52:31,815 No, what are you doing here? 753 00:52:36,278 --> 00:52:38,989 Worst part about this shit is you can't talk to nobody. 754 00:52:41,032 --> 00:52:42,158 Who'd understand? 755 00:52:44,619 --> 00:52:48,039 Please, Petey, tell me. You gotta tell me the truth. 756 00:52:48,123 --> 00:52:51,376 Did you see that kid before you killed him? 757 00:52:53,920 --> 00:52:55,005 You ever hear him... 758 00:52:57,799 --> 00:52:58,799 in your head? 759 00:53:06,683 --> 00:53:07,851 It was an accident. 760 00:53:10,270 --> 00:53:11,605 And whatever you did... 761 00:53:12,272 --> 00:53:13,356 was not the same. 762 00:53:14,441 --> 00:53:15,984 No, not even close. 763 00:53:38,840 --> 00:53:40,008 How do you sleep? 764 00:53:43,887 --> 00:53:44,887 I can't. 765 00:53:46,890 --> 00:53:47,974 I can't sleep. 766 00:54:21,716 --> 00:54:23,385 What are you doing in my house? 767 00:54:25,178 --> 00:54:26,179 Get out. 768 00:54:27,097 --> 00:54:28,348 I ain't gonna hurt you. 769 00:54:28,890 --> 00:54:32,936 This shit's gonna end, T. Where you gonna be at? 770 00:54:33,687 --> 00:54:34,729 Think about it. 771 00:54:35,230 --> 00:54:38,358 Your cousin, me, all gone. 772 00:54:38,441 --> 00:54:41,695 If you get on that stand and testify against family... 773 00:54:41,778 --> 00:54:43,154 He's not my family. 774 00:54:44,781 --> 00:54:45,781 Okay. 775 00:54:47,826 --> 00:54:49,160 What about your kid? 776 00:55:02,132 --> 00:55:03,591 Is the baby mine? 777 00:55:15,687 --> 00:55:17,939 You Catholics and your rhythm method, 778 00:55:18,023 --> 00:55:19,441 Stay away from me. 779 00:55:19,524 --> 00:55:22,235 Come on, T, I ain't gonna hurt the mother of my child. 780 00:55:26,740 --> 00:55:27,740 Come on. 781 00:55:34,831 --> 00:55:36,791 How could he leave him out there to die? 782 00:55:38,752 --> 00:55:39,753 He didn't. 783 00:55:42,255 --> 00:55:43,715 He thought the kid was dead. 784 00:55:47,010 --> 00:55:48,511 Petey's a good guy, okay? 785 00:55:48,595 --> 00:55:51,765 You and me, we got our differences with him, but he's family. 786 00:55:52,515 --> 00:55:54,559 And you gotta accept family. 787 00:55:56,686 --> 00:56:00,065 Severe hypothermia, cardiac arrhythmia, massive blood loss. 788 00:56:00,148 --> 00:56:02,358 And a concave fracture to his skull. 789 00:56:02,442 --> 00:56:05,528 I immediately moved Mr. Butler to an operating room 790 00:56:05,612 --> 00:56:08,323 to more safely assess the injuries to his head. 791 00:56:08,865 --> 00:56:11,034 How severe were Brenton's injuries? 792 00:56:11,117 --> 00:56:12,202 Severe. 793 00:56:12,869 --> 00:56:15,121 I had to cut away his jacket and hood. 794 00:56:16,331 --> 00:56:19,626 The hood itself was tightly cinched, and therefore... 795 00:56:20,502 --> 00:56:22,253 keeping parts of his skull intact, 796 00:56:22,337 --> 00:56:25,465 I had to be careful not to displace the fragments. 797 00:56:25,548 --> 00:56:26,548 Why is that? 798 00:56:27,634 --> 00:56:30,929 If I had just removed the hood, skull shards would've dug into the brain 799 00:56:31,012 --> 00:56:32,430 and caused further damage. 800 00:56:32,514 --> 00:56:36,434 Despite all this, you testified before the grand jury 801 00:56:36,518 --> 00:56:39,729 that Brenton could've lived had he been found earlier. 802 00:56:39,813 --> 00:56:44,234 Yes, but ultimately the damage due to blood loss was too great. 803 00:56:44,901 --> 00:56:46,319 It caused organ failure, 804 00:56:46,402 --> 00:56:49,864 necrotizing tissue, and further brain damage. 805 00:56:50,323 --> 00:56:52,075 His body just gave out. 806 00:56:57,372 --> 00:56:58,873 No more questions, Your Honor. 807 00:57:03,294 --> 00:57:05,296 Does the defense wish to cross? 808 00:57:05,922 --> 00:57:07,173 No, Your Honor. 809 00:57:10,051 --> 00:57:13,930 Brenton's injuries were consistent with impact from an SUV 810 00:57:14,013 --> 00:57:16,850 weighing approximately 4,100 pounds, 811 00:57:16,933 --> 00:57:19,310 traveling at no less than 60 miles per hour. 812 00:57:19,394 --> 00:57:24,399 Does the 2014 Ford Escape registered to Marie Jablonski, 813 00:57:24,482 --> 00:57:26,776 Officer Peter Jablonski's wife, 814 00:57:26,860 --> 00:57:28,611 match the vehicle that hit Brenton? 815 00:57:28,695 --> 00:57:29,695 Yes. 816 00:57:30,196 --> 00:57:32,407 And is the match, and make, and model 817 00:57:32,490 --> 00:57:35,994 the only thing that links the Jablonski's car to the accident? 818 00:57:36,077 --> 00:57:38,621 No, we recovered paint chips from the victim's hair. 819 00:57:38,705 --> 00:57:41,249 We conducted a type match analysis 820 00:57:41,332 --> 00:57:45,753 and confirmed it was OF4D92, Yale Blue. 821 00:57:45,837 --> 00:57:48,673 What color was the defendant's car, according to purchase records? 822 00:57:48,756 --> 00:57:51,718 OF4D92, Yale Blue. 823 00:57:51,801 --> 00:57:54,637 Your Honor, objection. This is all speculation. 824 00:57:54,721 --> 00:57:58,016 I'll allow Ms. Harper to continue her line of questioning. 825 00:57:58,099 --> 00:58:02,228 Now, an SUV driver sits high above the undercarriage. 826 00:58:02,729 --> 00:58:05,982 Is it possible Officer Jablonski hit Brenton 827 00:58:06,065 --> 00:58:07,859 without realizing that he was a human being? 828 00:58:07,942 --> 00:58:11,738 Brenton was moving perpendicular to the defendant's direction of motion. 829 00:58:11,821 --> 00:58:15,909 And on a bike, the driver should have had a clear profile of the victim. 830 00:58:17,494 --> 00:58:18,786 If I were Brenton, 831 00:58:19,829 --> 00:58:24,000 the driver would've seen me cross his field of vision, like this, 832 00:58:24,083 --> 00:58:26,002 as he hit me with his car. 833 00:58:26,085 --> 00:58:28,129 - Is that a fair assessment? - It is. 834 00:58:29,172 --> 00:58:33,384 So Officer Jablonski had every reason to stop after impact 835 00:58:33,468 --> 00:58:37,430 and no reason to doubt that he hit a young black boy. 836 00:58:37,514 --> 00:58:38,598 None whatsoever. 837 00:58:39,307 --> 00:58:42,060 No further questions, Your Honor. 838 00:58:49,901 --> 00:58:54,697 Is it unusual such a small amount of paint was recovered from Brenton's body 839 00:58:54,781 --> 00:58:56,950 - and none was found on the bike? - Not really. 840 00:58:57,033 --> 00:59:00,411 Since Brenton was washed in the ER, we were lucky to recover anything. 841 00:59:00,495 --> 00:59:02,914 As for the bike, you might expect to see more paint, 842 00:59:02,997 --> 00:59:05,083 but that depends on where the car made impact. 843 00:59:05,166 --> 00:59:09,963 But absent finding the car that hit Brenton, 844 00:59:10,046 --> 00:59:13,007 you can't definitively link any vehicle to Brenton's death? 845 00:59:13,091 --> 00:59:16,928 No, not definitively. However, the paint is a match 846 00:59:17,011 --> 00:59:19,681 for the factory job on the defendant's car. 847 00:59:19,764 --> 00:59:22,058 That's as good a match as you'll get. 848 00:59:24,185 --> 00:59:28,147 Your Honor, I'm trying to understand this moment of impact. 849 00:59:28,231 --> 00:59:32,819 I'd like to use Exhibit S8 for demonstrative purposes. 850 00:59:32,902 --> 00:59:33,778 I'll allow it. 851 00:59:33,861 --> 00:59:36,406 You said that Brenton crossed perpendicular 852 00:59:36,489 --> 00:59:38,116 to the driver's line of sight. 853 00:59:38,783 --> 00:59:41,077 Are you confident in that assessment? 854 00:59:41,160 --> 00:59:42,287 Yes, I am. 855 00:59:44,163 --> 00:59:45,331 So... 856 00:59:46,249 --> 00:59:50,003 imagining that you're the driver, 857 00:59:50,837 --> 00:59:53,798 this is approximately what you would see through the windshield? 858 00:59:53,881 --> 00:59:55,133 That's correct. 859 01:00:06,519 --> 01:00:09,188 If you recall, the surgeon testified 860 01:00:09,272 --> 01:00:13,443 that Brenton's hood was cinched tightly around his face. 861 01:00:13,943 --> 01:00:15,361 She had to cut it off. 862 01:00:17,739 --> 01:00:19,991 Can you tell the race of the rider now? 863 01:00:20,074 --> 01:00:22,076 I can't see his face. 864 01:00:27,624 --> 01:00:31,586 I'd like the members of the jury to imagine that they are the driver. 865 01:00:35,882 --> 01:00:37,717 Can you see this person's face? 866 01:00:38,551 --> 01:00:43,222 And remember, your line of vision is not obstructed by a windshield, 867 01:00:43,306 --> 01:00:44,891 or the falling snow, 868 01:00:44,974 --> 01:00:46,976 and you're not going 60 miles an hour. 869 01:01:01,574 --> 01:01:04,869 How can an accident be a hate crime... 870 01:01:05,828 --> 01:01:08,456 if you can't tell the race of the victim? 871 01:01:09,332 --> 01:01:12,460 My client did not hit this young man, 872 01:01:12,543 --> 01:01:16,756 but regardless, whoever did did not commit a hate crime. 873 01:01:21,135 --> 01:01:23,096 No further questions, Your Honor. 874 01:01:29,769 --> 01:01:31,062 Ms. Harper. Redirect? 875 01:01:36,150 --> 01:01:37,694 Given this witness's testimony, 876 01:01:37,777 --> 01:01:41,114 I move to vacate the hate crime charges against my client. 877 01:01:45,993 --> 01:01:47,370 Order in the court! 878 01:01:48,955 --> 01:01:50,707 Order! 67331

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