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1
00:00:22,822 --> 00:00:24,847
(male narrator)
In the criminal justice system...
2
00:00:24,924 --> 00:00:28,724
the people are represented
by two separate yet equally important groups:
3
00:00:28,795 --> 00:00:30,660
the police
who investigate crime...
4
00:00:30,730 --> 00:00:33,528
and the district attorneys
who prosecute the offenders.
5
00:00:33,600 --> 00:00:35,295
These are their stories.
6
00:00:37,303 --> 00:00:38,998
[car horns honking]
7
00:00:43,076 --> 00:00:46,375
Robert, someone
might see us. So?
8
00:00:46,446 --> 00:00:47,811
[chuckling]
Oh, God.
9
00:00:49,115 --> 00:00:50,776
[laughing]
10
00:00:55,088 --> 00:00:57,318
(man)
Give me some change? Beat it!
11
00:00:58,258 --> 00:01:01,125
Come on, I'm hungry.
12
00:01:10,570 --> 00:01:12,265
Robert, there's someone.
13
00:01:12,639 --> 00:01:15,233
Yeah, that guy's
in orbit around Pluto. No.
14
00:01:15,308 --> 00:01:18,869
Let's just get a cab.
No. This time we stay, they go.
15
00:01:19,646 --> 00:01:21,978
What are you doing?
Hey, buddy.
16
00:01:22,449 --> 00:01:23,438
(Robert)
Scram.
17
00:01:23,917 --> 00:01:25,680
Come on, let's go.
18
00:01:25,752 --> 00:01:26,844
[man groaning]
19
00:01:26,920 --> 00:01:28,478
[Cathy and Robert exclaiming]
20
00:01:29,856 --> 00:01:32,381
We worked with him
for over three hours.
21
00:01:32,826 --> 00:01:36,318
Multiple fractures
of the skull, intracranial hemorrhages....
22
00:01:36,629 --> 00:01:38,119
It's a miracle he's alive.
23
00:01:38,198 --> 00:01:41,599
Broken kneecap, broken leg,
he got the full workout.
24
00:01:41,668 --> 00:01:45,399
What do you think,
baseball bat? Narrower, like a pipe.
25
00:01:45,472 --> 00:01:48,134
It left a crisscross pattern
on the wounds.
26
00:01:48,208 --> 00:01:51,769
Any idea
when he'll be conscious? With injuries like this?
27
00:01:51,845 --> 00:01:54,609
Tomorrow, next week,
next year.
28
00:01:54,681 --> 00:01:56,114
Assuming
he lives out the night.
29
00:01:56,182 --> 00:01:58,116
What about his name?
You find any lD?
30
00:01:58,184 --> 00:02:00,175
I didn't search
his pockets.
31
00:02:00,253 --> 00:02:03,416
His clothing is here.
We had to cut it off him.
32
00:02:03,490 --> 00:02:05,822
Your turn
to sort the laundry.
33
00:02:05,892 --> 00:02:07,382
[woman chattering
on P.A. System]
34
00:02:07,460 --> 00:02:09,519
Let's get it all.
35
00:02:18,738 --> 00:02:22,970
Mr. Five-and-dime.
Broken pencil, string...
36
00:02:24,310 --> 00:02:29,009
paper clips, crack pipe.
Nice to know he had a hobby.
37
00:02:30,984 --> 00:02:33,976
Appointment card
at Friedland Psychiatric...
38
00:02:34,053 --> 00:02:37,682
for Roland Kirk,
eight days ago.
39
00:02:40,126 --> 00:02:41,821
No wallet.
40
00:02:41,895 --> 00:02:44,887
He left that
in the other suit with the credit cards.
41
00:02:45,198 --> 00:02:47,257
Yeah, he preferred cash.
42
00:02:47,333 --> 00:02:51,599
Whoa, there's
a couple of grand, here. All in 20s.
43
00:02:52,172 --> 00:02:54,606
So who says
clothes make the man?
44
00:03:45,291 --> 00:03:48,283
Couple who found him,
we had to fight with them to get their names.
45
00:03:48,361 --> 00:03:49,953
Wedding rings
didn't match.
46
00:03:50,029 --> 00:03:51,553
They see a guy
with a shopping cart?
47
00:03:51,631 --> 00:03:53,826
Before they came
into the alley, he spare-changed them.
48
00:03:53,900 --> 00:03:57,097
"White male with red hat."
Too early for Christmas.
49
00:03:57,170 --> 00:03:58,831
[rattling]
50
00:03:58,905 --> 00:04:01,066
We found a crack pipe
on Kirk.
51
00:04:01,140 --> 00:04:03,438
Stoned and hassling
the locals. That was him.
52
00:04:03,509 --> 00:04:05,773
He had $2,200 on him.
53
00:04:05,845 --> 00:04:08,006
What, was he selling crack
to the other pipeheads?
54
00:04:08,081 --> 00:04:09,548
Between fighting
and getting high...
55
00:04:09,616 --> 00:04:11,106
he hardly had time
for anything else.
56
00:04:11,184 --> 00:04:13,015
This a playground?
That's Kirk's.
57
00:04:13,086 --> 00:04:15,680
(Wheeler)
Anybody comes near it, he decks them.
58
00:04:16,456 --> 00:04:17,650
A nightie?
59
00:04:17,724 --> 00:04:21,160
Christian Dior,
still got the price tags.
60
00:04:21,227 --> 00:04:22,626
A little something
for the missis?
61
00:04:22,695 --> 00:04:24,663
Yeah, right,
he was dating Marla Maples.
62
00:04:24,731 --> 00:04:26,460
(Briscoe)
Did Kirk have any associates?
63
00:04:26,532 --> 00:04:29,126
Aside from
the imaginary ones? No.
64
00:04:30,236 --> 00:04:31,328
(cop)
Detective?
65
00:04:38,211 --> 00:04:40,645
This is real.
So is the blood.
66
00:04:40,947 --> 00:04:43,381
Hey, get us a shot of this....
67
00:04:43,583 --> 00:04:46,245
It reinforces concrete,
what do you call it? Rebar.
68
00:04:46,319 --> 00:04:47,445
Right there.
69
00:04:48,788 --> 00:04:49,982
(Kelley)
Come on.
70
00:04:50,056 --> 00:04:53,355
Hey, I'm walking.
I'm cooperating.
71
00:04:53,426 --> 00:04:56,020
You wanted a guy
in a red hat? Meet George Siddell.
72
00:04:56,095 --> 00:04:58,063
Mr. Siddell,
how're you doing today?
73
00:04:58,131 --> 00:05:01,589
Listen, gotta ask you,
were you here last night after midnight?
74
00:05:01,668 --> 00:05:04,501
I'm not sure.
I lost my watch.
75
00:05:04,570 --> 00:05:07,505
A guy named Roland Kirk
got beat up bad last night.
76
00:05:07,573 --> 00:05:08,562
With that.
77
00:05:08,641 --> 00:05:11,303
Now we know
you were around.
78
00:05:12,211 --> 00:05:13,405
Roland?
79
00:05:14,013 --> 00:05:15,173
I'm shocked.
80
00:05:15,982 --> 00:05:18,075
I'm desolated.
I bet.
81
00:05:18,151 --> 00:05:19,880
You ever hassle
with him?
82
00:05:20,153 --> 00:05:21,620
I respected Roland.
83
00:05:21,688 --> 00:05:24,816
He means
he was terrified of Kirk. He's terrified of everybody.
84
00:05:24,891 --> 00:05:26,085
He's harmless.
85
00:05:26,159 --> 00:05:27,717
All right.
Get him a cup of coffee.
86
00:05:27,794 --> 00:05:30,729
We're gonna want
to talk to him later maybe.
87
00:05:32,231 --> 00:05:36,224
Rooms with a view.
Want to start ringing doorbells?
88
00:05:40,940 --> 00:05:43,272
We hear all kinds of things
from the street.
89
00:05:43,343 --> 00:05:45,334
We used to call the police.
Now, we don't bother.
90
00:05:45,411 --> 00:05:46,435
They can't do anything.
91
00:05:46,512 --> 00:05:49,276
Look, I have to perform
a root canal in 20 minutes.
92
00:05:49,349 --> 00:05:52,147
This Roland Kirk.
Now, you saw him around?
93
00:05:52,218 --> 00:05:55,244
Everybody did.
He was a problem around here.
94
00:05:55,355 --> 00:05:57,380
But was he a problem
to anyone in particular?
95
00:05:57,457 --> 00:06:01,393
Yes,
the people of New York City. Now, I really have to go. Bye.
96
00:06:01,527 --> 00:06:02,789
So long.
Bye.
97
00:06:03,896 --> 00:06:06,364
We went to the movies.
We got home at 11:00.
98
00:06:06,432 --> 00:06:08,127
This would've happened
around midnight.
99
00:06:08,201 --> 00:06:10,601
The news was on.
We didn't hear anything.
100
00:06:10,670 --> 00:06:12,365
It was a street person?
101
00:06:12,438 --> 00:06:15,373
He was attacked 30 feet
from your living-room window.
102
00:06:15,441 --> 00:06:17,602
I mean, how loud
do you play the news?
103
00:06:17,677 --> 00:06:19,577
We've lived here
for eight years.
104
00:06:19,645 --> 00:06:22,580
We stopped listening
to the street a long time ago.
105
00:06:22,949 --> 00:06:25,679
(Prosky)
Twenty years ago, I wouldn't live anywhere else.
106
00:06:25,752 --> 00:06:30,018
Now, it's like Calcutta.
People living and dying in the streets.
107
00:06:30,089 --> 00:06:33,490
Yeah, but last night
around 12:00, Mr. Prosky?
108
00:06:33,559 --> 00:06:35,789
Yeah, well, I close at 11:00.
109
00:06:35,862 --> 00:06:38,490
11: 30, I was
halfway across the Triborough.
110
00:06:38,564 --> 00:06:41,692
When you were leaving
did you happen to see Roland Kirk?
111
00:06:41,768 --> 00:06:42,757
Not last night.
112
00:06:42,835 --> 00:06:45,133
But I've seen him around
with some other lowlife.
113
00:06:45,204 --> 00:06:47,297
A guy in a red hat?
I don't know about a hat...
114
00:06:47,373 --> 00:06:50,968
but I can tell you
about the smell. How about a name?
115
00:06:51,043 --> 00:06:55,070
Yeah, sure.
It was, "Hey, you, stay out of my garbage."
116
00:06:55,915 --> 00:06:57,177
So what else is new?
117
00:06:57,250 --> 00:06:59,650
Nobody heard anything,
nobody saw anything...
118
00:06:59,719 --> 00:07:03,018
and nobody gives a damn.
And the victim was a model citizen.
119
00:07:03,089 --> 00:07:05,523
Roland Kirk, 43.
120
00:07:05,591 --> 00:07:08,856
Multiples for vandalism,
misdemeanor assault...
121
00:07:08,928 --> 00:07:11,954
criminal mischief,
disorderly conduct, possession.
122
00:07:12,031 --> 00:07:13,623
Why wasn't this man in jail?
123
00:07:13,699 --> 00:07:15,326
Hey, the DA keeps
pleading him out...
124
00:07:15,401 --> 00:07:16,993
as an emotionally
disturbed person.
125
00:07:17,069 --> 00:07:21,199
The weapon was a rebar,
probably from a construction site down the street.
126
00:07:21,307 --> 00:07:23,867
Blood and hair are Kirk's.
No prints.
127
00:07:23,943 --> 00:07:26,605
Whoever popped him
left his money, so it wasn't a robbery.
128
00:07:26,679 --> 00:07:29,705
He didn't make $2,200
dealing dime bags.
129
00:07:29,782 --> 00:07:32,216
Maybe he stole it
from someone higher up the food chain.
130
00:07:32,285 --> 00:07:35,277
Maybe he played the ponies.
How much time we gonna spend on this?
131
00:07:35,354 --> 00:07:37,584
As long as it takes
to check off the boxes.
132
00:07:37,657 --> 00:07:41,821
Didn't he have a card
from a hospital? Friedland Psychiatric.
133
00:07:41,894 --> 00:07:44,089
Maybe he was on medication.
134
00:07:44,163 --> 00:07:46,097
If he was getting pills
from some hospital...
135
00:07:46,165 --> 00:07:47,860
he would've had
a Medicaid card.
136
00:07:47,934 --> 00:07:52,234
Maybe somebody
beat him up for it. George Siddell?
137
00:07:53,339 --> 00:07:56,672
I like offices.
Used to work in one.
138
00:07:56,742 --> 00:07:57,970
[phone ringing]
139
00:07:58,044 --> 00:08:01,138
Sorting, filing...
Come on, George.
140
00:08:01,214 --> 00:08:04,945
Focus on the card.
Whose name does it say?
141
00:08:06,285 --> 00:08:08,810
(Briscoe) Roland Kirk.
Very good.
142
00:08:08,888 --> 00:08:12,346
But we found it
in your pocket. You see our problem?
143
00:08:12,425 --> 00:08:15,121
People are gonna say
you clobbered Kirk and took his card.
144
00:08:15,194 --> 00:08:18,721
No, I didn't.
He gave it to me, a long time ago.
145
00:08:19,599 --> 00:08:22,397
Yeah. I'm sure he did.
146
00:08:22,635 --> 00:08:25,570
But we're gonna have
to keep you here, until we can ask him.
147
00:08:25,638 --> 00:08:29,165
That's just like the cops.
Never believe anything you tell them.
148
00:08:29,709 --> 00:08:31,233
I used the card.
149
00:08:32,078 --> 00:08:34,308
Tuesday. A week ago.
150
00:08:34,747 --> 00:08:37,375
At the hospital,
bought some pills.
151
00:08:37,450 --> 00:08:40,510
Lithium. Sixty of them.
152
00:08:41,320 --> 00:08:43,584
So where are the pills now?
153
00:08:44,257 --> 00:08:46,088
I sold them.
154
00:08:46,259 --> 00:08:48,284
I like wine.
155
00:08:54,233 --> 00:08:56,997
First admitted, June '77.
Drug-induced psychosis.
156
00:08:57,069 --> 00:09:00,436
Again in '78, '79,
right through till last May.
157
00:09:00,506 --> 00:09:02,269
Most were for
court-order evaluations...
158
00:09:02,341 --> 00:09:04,070
two weeks treatment,
and out he goes.
159
00:09:04,143 --> 00:09:07,340
Oh, right, the miracle cure.
I read about it at the checkout stand.
160
00:09:07,413 --> 00:09:08,937
Hey, we don't
make the guidelines.
161
00:09:09,015 --> 00:09:11,006
Once a patient is no longer
a danger to himself...
162
00:09:11,083 --> 00:09:12,607
or to others,
we have to release him.
163
00:09:12,685 --> 00:09:15,119
Okay, but his prescription,
did you fill it here?
164
00:09:15,187 --> 00:09:17,178
Yes. He's supposed
to come in once a month.
165
00:09:17,256 --> 00:09:19,816
Okay. When was the last time?
166
00:09:21,060 --> 00:09:23,255
Last week.
Sixty units, Lithium.
167
00:09:23,529 --> 00:09:27,021
Would he have to show lD?
No. Just his Medicaid card.
168
00:09:28,501 --> 00:09:31,493
Doc, in his file,
does it say anything about his friends...
169
00:09:31,571 --> 00:09:34,199
people he might know
on the outside? A peer group?
170
00:09:34,273 --> 00:09:37,868
No, socialization
was something he needed to work on.
171
00:09:37,944 --> 00:09:42,574
How about next of kin?
Sharon Kirk signed him out two years ago.
172
00:09:43,783 --> 00:09:47,719
When Dad had a heart attack,
my brother never showed up at the funeral.
173
00:09:48,654 --> 00:09:52,181
Three weeks later,
we found out he was living on the street.
174
00:09:52,592 --> 00:09:55,527
There'd been signs before.
175
00:09:55,595 --> 00:09:58,962
He had a routine,
he had his medication.
176
00:09:59,332 --> 00:10:02,324
He seemed to be well,
so they'd release him.
177
00:10:02,401 --> 00:10:06,929
Did he take his pills?
Long as he'd remember to, he'd be fine.
178
00:10:07,039 --> 00:10:09,633
When he stayed with us,
two years ago...
179
00:10:10,443 --> 00:10:13,276
I trusted him
to baby-sit my kids...
180
00:10:14,213 --> 00:10:16,408
and then one day he was gone.
181
00:10:16,649 --> 00:10:18,879
Back to Bedford Street?
182
00:10:19,518 --> 00:10:21,782
He said that was his home.
183
00:10:21,854 --> 00:10:26,257
He said it had something to do
with a sonic convergence.
184
00:10:26,325 --> 00:10:29,556
He tried to explain it to me,
but....
185
00:10:29,629 --> 00:10:32,359
You have any idea
why he had a pocketful of cash?
186
00:10:32,431 --> 00:10:36,527
No. He panhandled.
How much could he have?
187
00:10:36,602 --> 00:10:38,126
$2,200.
188
00:10:39,271 --> 00:10:41,899
What on earth was he doing....
189
00:10:43,542 --> 00:10:45,476
A couple of weeks ago...
190
00:10:45,544 --> 00:10:48,945
he sent me a check for $108.
191
00:10:49,482 --> 00:10:52,110
I figured it was worthless.
192
00:10:52,184 --> 00:10:56,143
He said it was
for a doll he broke when I was four years old.
193
00:10:56,222 --> 00:11:00,022
You still have the check?
I think so.
194
00:11:01,827 --> 00:11:06,230
Account was opened
five weeks ago with a balance of $15,000.
195
00:11:06,298 --> 00:11:08,766
Tax refund.
I don't know.
196
00:11:08,834 --> 00:11:12,463
The account was set up
for Mr. Kirk as a trust, with a daily withdrawal limit.
197
00:11:12,538 --> 00:11:15,632
And Kirk maxed out the limit.
Withdrew $200 a day.
198
00:11:15,708 --> 00:11:17,300
$7,000 in five weeks.
199
00:11:17,376 --> 00:11:20,539
Faster than he could smoke it.
Who's the trustee?
200
00:11:20,780 --> 00:11:23,772
Richard Gillrich,
Mental Health Legal Advocates.
201
00:11:23,849 --> 00:11:27,410
His signature's required
on all withdrawals over $200.
202
00:11:27,953 --> 00:11:30,183
I'm amazed
to see you investigating.
203
00:11:30,256 --> 00:11:32,986
Mindless violence
against the homeless is business as usual.
204
00:11:33,059 --> 00:11:35,584
What about lawyers
and trust funds?
205
00:11:35,661 --> 00:11:37,561
Is that business as usual
for the homeless?
206
00:11:37,630 --> 00:11:39,564
If they're being
harassed, it is.
207
00:11:39,632 --> 00:11:43,159
Did you sue the ClA
for putting transistors in Kirk's head?
208
00:11:43,235 --> 00:11:46,864
We did even better than that.
We sued the residents of Bedford Street.
209
00:11:46,939 --> 00:11:49,066
Read our brief.
210
00:11:49,341 --> 00:11:52,105
They tried to have him
classified as an habitual offender.
211
00:11:52,178 --> 00:11:55,272
They tried to get him
committed to Friedland Psychiatric Center.
212
00:11:55,347 --> 00:11:57,212
Where he might've
gotten some help.
213
00:11:57,283 --> 00:12:00,946
Mr. Kirk felt fully capable
of deciding for himself what he wanted.
214
00:12:01,754 --> 00:12:04,621
I see you got him released
from the hospital last February.
215
00:12:04,690 --> 00:12:06,988
Took him home with you
or just left him on the sidewalk?
216
00:12:07,059 --> 00:12:08,720
Spare me the homilies.
217
00:12:08,828 --> 00:12:10,819
Mr. Kirk could've afforded
a different choice.
218
00:12:10,896 --> 00:12:12,796
The Block Association
insisted...
219
00:12:12,865 --> 00:12:15,857
on a gag order,
but they settled for $30,000 plus our costs.
220
00:12:15,935 --> 00:12:18,529
Half this year, half next.
Sounds like a shakedown.
221
00:12:18,604 --> 00:12:20,868
Next time
I run out of beer money, I'll call you.
222
00:12:20,940 --> 00:12:23,807
If your rights
are being violated, maybe you should.
223
00:12:23,876 --> 00:12:26,606
This Block Association.
It had assets?
224
00:12:27,346 --> 00:12:28,973
Individual members did.
225
00:12:29,749 --> 00:12:31,376
This was a civil rights issue.
226
00:12:31,450 --> 00:12:33,475
We have the minutes to their
Association meetings.
227
00:12:33,552 --> 00:12:35,645
The harassment
was clearly premeditated.
228
00:12:39,692 --> 00:12:42,559
(Lantos)
I don't think you realize what Mr. Kirk put us through.
229
00:12:42,628 --> 00:12:45,597
Well, then,
he won't find a vacancy in yuppie heaven.
230
00:12:45,664 --> 00:12:49,395
Too bad he lost
his Gold card. We tried kindness, Detective.
231
00:12:49,468 --> 00:12:53,336
The Block Association
isn't interested in putting the homeless just on the bus.
232
00:12:53,405 --> 00:12:56,169
We tried to find them
public housing, jobs-- Now wait a minute...
233
00:12:56,242 --> 00:12:57,971
he picked your pocket
for $30,000.
234
00:12:58,043 --> 00:13:00,671
I mean,
is there anybody on the block that wants a refund?
235
00:13:00,746 --> 00:13:04,045
Everyone was outraged.
We thought he belonged in a hospital.
236
00:13:04,150 --> 00:13:06,550
But the doctors said
his problem wasn't mental...
237
00:13:06,619 --> 00:13:08,553
and the judges said
it wasn't criminal.
238
00:13:08,621 --> 00:13:11,749
Well, being homeless and crazy
isn't against the law.
239
00:13:11,824 --> 00:13:14,657
All right,
maybe the guy was a nuisance. Nuisance?
240
00:13:14,727 --> 00:13:16,490
Let me show you a nuisance.
241
00:13:16,562 --> 00:13:18,928
The last time
a judge released him from the hospital...
242
00:13:18,998 --> 00:13:21,796
our lawyer thought
we should follow Mr. Kirk around with a video...
243
00:13:21,867 --> 00:13:24,927
so the next judge
would see what we have to go through.
244
00:13:29,341 --> 00:13:32,003
Get out! Get out of here!
Get out of the street!
245
00:13:32,077 --> 00:13:35,672
I told you not to come around,
didn't I? What you doing in my street? Get out!
246
00:13:36,048 --> 00:13:37,208
(Kirk)
Out of here!
247
00:13:37,483 --> 00:13:40,281
Crazy! This is my street!
Bang!
248
00:13:41,921 --> 00:13:43,582
[car horn honking]
249
00:13:43,756 --> 00:13:45,087
Hey.
250
00:13:48,360 --> 00:13:49,349
Out!
251
00:13:52,731 --> 00:13:55,029
Get out of here!
Get out!
252
00:13:55,100 --> 00:13:58,729
I told you to get out!
I want you out now! Get out!
253
00:13:59,205 --> 00:14:03,608
Three weeks later,
that nuisance pushed a child into a busy intersection.
254
00:14:03,676 --> 00:14:05,268
[Kirk humming]
255
00:14:12,284 --> 00:14:13,273
Hey!
256
00:14:14,854 --> 00:14:16,719
(Lantos)
Even the night he was attacked...
257
00:14:16,789 --> 00:14:17,778
he was still at it.
258
00:14:17,857 --> 00:14:19,188
How's that?
259
00:14:19,258 --> 00:14:23,092
I was told he mugged somebody.
Irene Morrissey. Right in front of her house.
260
00:14:23,162 --> 00:14:24,857
Put her in the hospital.
261
00:14:29,468 --> 00:14:33,734
It was about 11:00.
I was coming home from an art class...
262
00:14:33,806 --> 00:14:36,274
and he just attacked me.
263
00:14:36,342 --> 00:14:39,175
Took my shopping bag,
and ran down the middle of the street.
264
00:14:39,245 --> 00:14:42,976
That bag, was there
a nightgown in it? Yeah.
265
00:14:43,048 --> 00:14:45,778
I had bought it that afternoon
from Bergman's.
266
00:14:45,851 --> 00:14:47,148
Why didn't you
call the police?
267
00:14:47,219 --> 00:14:48,345
(Morrissey)
What's the point?
268
00:14:48,420 --> 00:14:51,412
Last time they arrested him,
he was back on the street two hours later.
269
00:14:51,490 --> 00:14:53,151
It happens, Mr. Morrissey.
270
00:14:53,225 --> 00:14:55,557
When he ran away,
did you see where he went?
271
00:14:55,628 --> 00:14:58,563
I went in the house.
I was upset. He nearly tore her arm off.
272
00:14:58,631 --> 00:15:00,758
I mean, we thought
her shoulder was broken.
273
00:15:00,833 --> 00:15:03,233
It's just a torn rotator cuff.
It'll be all right.
274
00:15:03,302 --> 00:15:05,133
And her face was bloody
where he scratched her...
275
00:15:05,204 --> 00:15:08,173
I took her
to the emergency room over at 12th Street.
276
00:15:08,274 --> 00:15:10,469
Did anybody see you
get mugged?
277
00:15:10,876 --> 00:15:12,571
I wasn't paying attention.
278
00:15:13,012 --> 00:15:14,877
When we moved in here
four years ago...
279
00:15:14,947 --> 00:15:17,177
we used to leave food out
for this guy.
280
00:15:19,118 --> 00:15:21,518
You know, a homeless guy
gets attacked with a rebar...
281
00:15:21,587 --> 00:15:23,350
nobody calls
the cops. Okay.
282
00:15:23,422 --> 00:15:26,289
But a woman gets mugged,
and still nobody calls the cops?
283
00:15:26,358 --> 00:15:29,486
Let's complain to the union.
They're trying to put us out of business.
284
00:15:29,561 --> 00:15:33,019
Yeah? Well, keep him awake,
okay? Thanks.
285
00:15:33,732 --> 00:15:35,632
Kirk's out of his coma.
286
00:15:36,468 --> 00:15:39,028
[groaning]
Oh, man, I hurt.
287
00:15:42,675 --> 00:15:44,074
Who are you?
288
00:15:44,443 --> 00:15:46,502
You don't live
on Bedford Street.
289
00:15:46,578 --> 00:15:48,546
Take it easy.
We work for the city.
290
00:15:48,614 --> 00:15:51,708
We're detectives.
You remember who attacked you?
291
00:15:52,685 --> 00:15:55,882
The other night, Roland.
In the alley on Bedford.
292
00:15:56,355 --> 00:15:59,586
Yeah, I know.
It was a bald woman.
293
00:16:00,292 --> 00:16:04,023
She jumped on my chest.
A bald woman?
294
00:16:04,396 --> 00:16:08,025
Yeah. In a flowered dress.
295
00:16:08,100 --> 00:16:11,695
Pounding on me
and kissing me.
296
00:16:12,905 --> 00:16:13,997
Doc...
297
00:16:14,406 --> 00:16:16,169
are we wasting our time here?
298
00:16:16,742 --> 00:16:19,540
There is a hairline fracture
of his breastbone.
299
00:16:20,012 --> 00:16:22,139
I think he remembers
the paramedics...
300
00:16:22,214 --> 00:16:24,739
giving him CPR
and mouth-to-mouth breathing.
301
00:16:24,817 --> 00:16:28,378
You get a lot of bald women
on the ambulances these days?
302
00:16:29,588 --> 00:16:33,251
She was bald.
She had a flowered dress.
303
00:16:34,994 --> 00:16:38,088
You don't believe me,
ask Governor Cuomo.
304
00:16:39,498 --> 00:16:41,193
First of all, he's insane.
305
00:16:41,266 --> 00:16:44,099
Second of all,
he was whacked in the head with a metal bar.
306
00:16:44,169 --> 00:16:46,262
He's gonna make
a terrific witness.
307
00:16:46,338 --> 00:16:49,671
So what? You want us
to call off the search for bald women?
308
00:16:49,742 --> 00:16:53,473
I want you to find out
what went on at the meetings of the Block Association.
309
00:16:53,545 --> 00:16:56,446
$30,000 gets you
some strong opinions.
310
00:16:56,548 --> 00:16:59,142
Kirk's lawyer did say
he subpoenaed the minutes.
311
00:16:59,218 --> 00:17:01,186
Yeah, well,
these people might be mad as hell.
312
00:17:01,253 --> 00:17:04,552
But you really think
one of them's gonna whack him on the head with a rebar?
313
00:17:04,623 --> 00:17:07,683
Look at the minutes.
See who the hotheads are.
314
00:17:08,260 --> 00:17:11,923
Out of two hours,
they spent an hour and 45 on Kirk.
315
00:17:11,997 --> 00:17:16,366
"Kirk smashed my car window
with a brick, and urinated into the car."
316
00:17:17,403 --> 00:17:20,668
As of last month,
216 complaints.
317
00:17:20,739 --> 00:17:23,230
After 50,
I'd call the realtor.
318
00:17:23,308 --> 00:17:26,971
And sell for peanuts
when your life savings is holding up the roof?
319
00:17:27,746 --> 00:17:29,179
This is a creative bunch.
320
00:17:29,248 --> 00:17:31,808
One guy thought
seeding the alley with broken glass would...
321
00:17:31,884 --> 00:17:34,182
keep Kirk
from sleeping there. Yeah.
322
00:17:34,253 --> 00:17:36,118
Well, he was a nightmare.
323
00:17:36,622 --> 00:17:38,988
Hey, Mrs. Bundy?
324
00:17:39,058 --> 00:17:42,391
The little old lady
who told us she couldn't hear anything from the alley?
325
00:17:42,461 --> 00:17:45,862
She complained here six times
that Kirk was keeping her awake.
326
00:17:52,004 --> 00:17:54,939
It was after midnight.
I was asleep.
327
00:17:55,007 --> 00:17:59,068
You told your neighbors
you couldn't sleep because of Roland Kirk.
328
00:18:01,113 --> 00:18:02,910
How do you know that?
329
00:18:03,348 --> 00:18:06,340
We're detectives,
Mrs. Bundy. We know how to find things out.
330
00:18:06,418 --> 00:18:08,886
Now why don't you
just tell us the truth.
331
00:18:11,890 --> 00:18:14,984
I was in bed. I heard voices.
332
00:18:15,060 --> 00:18:17,756
What were they saying?
I couldn't tell.
333
00:18:17,963 --> 00:18:21,956
Well, you didn't just go
right back to sleep though, did you?
334
00:18:23,469 --> 00:18:26,097
I got up. I looked down.
335
00:18:26,171 --> 00:18:28,036
I saw two men
leaving the alley.
336
00:18:28,107 --> 00:18:30,234
One,
I couldn't tell who it was.
337
00:18:31,043 --> 00:18:34,069
The other was Dr. Creighton.
The dentist?
338
00:18:34,146 --> 00:18:36,580
He went into his house,
through the back way.
339
00:18:36,648 --> 00:18:38,843
He was wearing his bathrobe.
340
00:18:39,551 --> 00:18:41,280
I didn't see anything wrong.
341
00:18:41,353 --> 00:18:43,412
The next morning,
after Kirk was found...
342
00:18:43,489 --> 00:18:45,821
didn't it occur to you
to say something?
343
00:18:45,891 --> 00:18:48,018
I didn't see anything wrong.
344
00:18:50,562 --> 00:18:52,359
Mrs. Bundy's a sweetheart.
345
00:18:52,431 --> 00:18:55,594
One evening last week,
she mistook me for her son-in-law.
346
00:18:55,667 --> 00:18:57,897
Night blindness,
very common among the elderly.
347
00:18:57,970 --> 00:19:00,097
Lying afflicts
all age groups.
348
00:19:00,172 --> 00:19:04,131
Kirk ever give you
any trouble? I live here, don't l?
349
00:19:04,743 --> 00:19:06,108
Last spring...
350
00:19:06,178 --> 00:19:08,237
my 11-year-old son's
standing at the corner...
351
00:19:08,313 --> 00:19:11,840
waiting for the light
to change. Kirk shoves him out into traffic.
352
00:19:11,917 --> 00:19:13,680
It's a miracle
he wasn't killed.
353
00:19:13,752 --> 00:19:15,879
Boy, if somebody
messed with my daughter like that....
354
00:19:15,954 --> 00:19:20,220
It crossed my mind.
But I'm not as crazy as he is.
355
00:19:24,329 --> 00:19:26,957
Creighton's bald,
and he was wearing a bathrobe.
356
00:19:27,032 --> 00:19:30,365
And he's trained
to perform CPR, so it fits what Kirk said.
357
00:19:30,435 --> 00:19:33,927
He said it was a woman.
Maybe Creighton kisses like one.
358
00:19:34,006 --> 00:19:35,735
Are you volunteering
to find out?
359
00:19:35,807 --> 00:19:37,900
The good people
of Bedford Street...
360
00:19:37,976 --> 00:19:40,137
have been putting up
one brick wall after another.
361
00:19:40,212 --> 00:19:42,942
Now, maybe we make an arrest,
maybe we shake something loose.
362
00:19:43,015 --> 00:19:46,212
Your eyewitnesses
aren't reliable enough to support an arrest warrant.
363
00:19:46,285 --> 00:19:47,343
How about
a search warrant?
364
00:19:47,419 --> 00:19:49,910
You do CPR
on a bleeding victim, you're gonna get wet.
365
00:19:49,988 --> 00:19:51,285
Hey, that's right.
366
00:19:51,356 --> 00:19:54,086
Maybe Creighton
got some low-rent blood on his silk pajamas.
367
00:19:54,159 --> 00:19:57,424
Convincing a judge
to play along won't be a walk in the spring rain.
368
00:19:57,496 --> 00:19:59,123
(Logan)
I already looked at the calendar.
369
00:19:59,198 --> 00:20:01,496
You got Judge Reisman
or Judge Talbert, take your pick.
370
00:20:01,567 --> 00:20:04,764
Reisman. I've gotten some
shaky drug warrants past him.
371
00:20:06,338 --> 00:20:08,738
This is your basis
for a search warrant?
372
00:20:08,974 --> 00:20:12,705
An elderly witness
who wears glasses? You can't be sure what she saw.
373
00:20:12,778 --> 00:20:14,905
She saw two things
the victim saw.
374
00:20:14,980 --> 00:20:18,108
A robe that could've
looked like a dress and a bald head.
375
00:20:18,183 --> 00:20:20,174
Creighton's a doctor,
he'd know CPR.
376
00:20:20,252 --> 00:20:22,812
If he worked on Kirk
that night, there'd be blood on his robe.
377
00:20:22,888 --> 00:20:25,652
Is that
what you're looking for? Evidence of CPR?
378
00:20:25,724 --> 00:20:27,419
I didn't know
that was a crime.
379
00:20:27,492 --> 00:20:31,223
We're after bigger fish,
Your Honor. Attempted murder.
380
00:20:31,296 --> 00:20:34,356
Dr. Creighton's
an oral surgeon, not a thug.
381
00:20:34,900 --> 00:20:37,926
Judge, you ever had
your wisdom teeth pulled?
382
00:20:41,873 --> 00:20:43,704
Give me the warrant.
383
00:20:45,043 --> 00:20:46,772
[police radio chattering]
384
00:20:48,313 --> 00:20:50,679
I've called my attorney.
He'll be here in 10 minutes.
385
00:20:50,749 --> 00:20:51,841
Keep him out of our way.
386
00:20:51,917 --> 00:20:53,748
I can't believe
they have the right to do this.
387
00:20:53,819 --> 00:20:56,049
Ray will take care of it.
388
00:20:57,289 --> 00:20:58,916
Got a robe here.
389
00:21:00,492 --> 00:21:02,084
It's brand-new.
390
00:21:02,794 --> 00:21:04,284
These aren't.
391
00:21:08,700 --> 00:21:11,396
Forensics found blood
on Creighton's slippers.
392
00:21:11,470 --> 00:21:14,462
It matches Kirk's.
That puts him at the scene.
393
00:21:14,840 --> 00:21:17,104
It doesn't tell us when,
or what he did there.
394
00:21:17,175 --> 00:21:20,008
But the old lady
puts him there and at the right time.
395
00:21:20,078 --> 00:21:23,047
Bring him in.
And arrest him for saving Kirk's life?
396
00:21:23,115 --> 00:21:25,049
Hey, who says he didn't
try to kill him first?
397
00:21:25,117 --> 00:21:26,812
There's no direct evidence
of that.
398
00:21:26,885 --> 00:21:29,353
Well, if he didn't
swing the stick, he probably knows who did.
399
00:21:29,421 --> 00:21:31,582
There was
a second person there.
400
00:21:35,894 --> 00:21:37,623
I'll prepare the warrant.
401
00:21:40,399 --> 00:21:41,923
Oh, yeah.
402
00:21:42,501 --> 00:21:45,766
I know what's going on now.
I know exactly what's going on.
403
00:21:45,837 --> 00:21:48,738
All right just relax, Roland.
Now you're gonna look at some people...
404
00:21:48,807 --> 00:21:51,173
and you're gonna tell us
if you recognize anybody.
405
00:21:51,243 --> 00:21:55,236
State's key witness, huh?
Congratulations. I can rest my case right now.
406
00:21:56,715 --> 00:22:00,310
Here they come.
Okay, here we go.
407
00:22:01,753 --> 00:22:04,153
The lineup.
408
00:22:07,125 --> 00:22:09,025
Here we go.
409
00:22:16,268 --> 00:22:20,329
Right there.
Right there in the middle.
410
00:22:20,405 --> 00:22:21,963
That's her.
411
00:22:26,812 --> 00:22:28,279
Next case.
412
00:22:28,347 --> 00:22:33,182
"Docket number 63181.
People v. Steven R. Creighton.
413
00:22:33,251 --> 00:22:36,015
(clerk)
"The charges are attempted murder in the second degree...
414
00:22:36,088 --> 00:22:38,022
"assault in the first degree."
415
00:22:38,623 --> 00:22:41,091
What's the plea?
Not guilty.
416
00:22:41,827 --> 00:22:44,421
(Sirkin)
People? The People ask for $150,000.
417
00:22:44,496 --> 00:22:47,932
That's ridiculous, Your Honor.
The victim identified the defendant.
418
00:22:47,999 --> 00:22:51,025
The victim doesn't know
his birds from his bees.
419
00:22:51,103 --> 00:22:54,664
The People's case
is predicated on the testimony of an insane person.
420
00:22:54,740 --> 00:22:55,934
Save it for your opening.
421
00:22:56,007 --> 00:22:59,374
Your Honor, my client
is a respected oral surgeon.
422
00:22:59,444 --> 00:23:02,277
You're on thin ice, Counselor.
I've seen Marathon Man.
423
00:23:02,347 --> 00:23:04,508
Bail is set at $150,000.
424
00:23:04,950 --> 00:23:06,110
Next up.
425
00:23:06,585 --> 00:23:08,712
Dr. Creighton
stepped in that blood...
426
00:23:08,787 --> 00:23:11,153
when he took the trash out
the next evening.
427
00:23:11,223 --> 00:23:12,588
The night
you're talking about...
428
00:23:12,657 --> 00:23:14,852
he was enjoying
a good night's sleep.
429
00:23:14,926 --> 00:23:16,951
Not according
to our eyewitnesses.
430
00:23:17,028 --> 00:23:19,997
Yeah, a lunatic
and Mrs. Magoo? This is a farce.
431
00:23:20,065 --> 00:23:23,523
Ray, I don't see the humor
in someone getting beaten by a steel bar.
432
00:23:23,602 --> 00:23:27,732
And, Dr. Creighton,
we know that someone was in the alley with you...
433
00:23:27,806 --> 00:23:30,969
and when we find them,
they might be more cooperative than you are.
434
00:23:31,042 --> 00:23:35,069
What if he had nothing to do
with the attack, if he just administered CPR.
435
00:23:35,147 --> 00:23:38,173
He's a doctor,
he left a man dying in a garbage heap.
436
00:23:38,250 --> 00:23:40,844
He could be facing
a murder charge. I resent that.
437
00:23:40,919 --> 00:23:43,888
I saved his life,
for God's sake. I gave him mouth-to-mouth--
438
00:23:43,955 --> 00:23:45,513
Doctor.
439
00:23:45,590 --> 00:23:48,024
We drop it down
to failure to report.
440
00:23:48,126 --> 00:23:50,356
He pleads no contest.
Will that satisfy you?
441
00:23:50,429 --> 00:23:52,124
It depends on his story.
442
00:23:57,035 --> 00:24:01,267
It was over
by the time I got outside. Prosky was there.
443
00:24:01,339 --> 00:24:04,103
He said
he'd called the paramedics from his restaurant.
444
00:24:04,176 --> 00:24:07,304
Did he say
who did the beating? I didn't ask.
445
00:24:07,379 --> 00:24:10,314
Kirk was barely breathing.
I started compressions.
446
00:24:10,382 --> 00:24:14,216
I did everything necessary.
Except wait for the paramedics.
447
00:24:15,954 --> 00:24:18,718
Prosky said
he'd take care of the rest.
448
00:24:18,790 --> 00:24:20,781
That he'd keep my name
out of it.
449
00:24:21,726 --> 00:24:25,662
I have friends, doctors,
who've been sued over this.
450
00:24:25,764 --> 00:24:29,666
You help somebody in trouble.
Next thing, they take your house.
451
00:24:31,002 --> 00:24:34,631
I was closing up
for the night, when I heard all hell break loose.
452
00:24:34,706 --> 00:24:38,073
By the time
I ran to the alley, nobody was there except Kirk...
453
00:24:38,143 --> 00:24:40,373
flat on his back. Bleeding.
454
00:24:40,445 --> 00:24:42,413
Next thing,
Creighton came out.
455
00:24:42,481 --> 00:24:45,177
That's not the story
you told the police. This is great.
456
00:24:45,250 --> 00:24:48,981
You people drop the ball
and then you start pointing the finger at us.
457
00:24:49,054 --> 00:24:51,488
I didn't want to get
Creighton in trouble, all right?
458
00:24:51,556 --> 00:24:55,117
He's worried about lawsuits.
Just being a good neighbor?
459
00:24:55,193 --> 00:24:57,093
How gullible do I look?
460
00:24:57,395 --> 00:25:00,922
Miss, we don't
take care of ourselves, nobody else will.
461
00:25:00,999 --> 00:25:03,194
You told Dr. Creighton
you called the paramedics.
462
00:25:03,268 --> 00:25:05,429
Unfortunately, there's
no record of that call.
463
00:25:05,504 --> 00:25:07,028
I didn't make any calls.
464
00:25:07,105 --> 00:25:09,300
And I sure as hell
didn't tell Creighton I did.
465
00:25:09,374 --> 00:25:11,342
He's lying
to save his own ass.
466
00:25:11,610 --> 00:25:14,738
I left him with Kirk.
He was supposed to take care of it.
467
00:25:16,047 --> 00:25:18,743
Well, we have two suspects
passing the buck.
468
00:25:18,817 --> 00:25:22,378
Your victim
can't make the call? We're afraid to ask him.
469
00:25:22,454 --> 00:25:25,685
His performance at the lineup
hardly inspired confidence.
470
00:25:25,757 --> 00:25:28,021
His psychiatric records
indicate that...
471
00:25:28,093 --> 00:25:30,220
when he's off drugs
he's somewhat coherent.
472
00:25:30,295 --> 00:25:33,321
There's a long road between
coherence and competence.
473
00:25:33,398 --> 00:25:36,765
Yeah, you don't
want to prosecute. Even with direct evidence...
474
00:25:36,835 --> 00:25:39,702
it's tough to sell a jury
that's been inundated with the homeless.
475
00:25:39,771 --> 00:25:42,433
That guy
terrorized the neighborhood for three years.
476
00:25:42,507 --> 00:25:45,772
And you think what they did
is a solution to the homeless problem?
477
00:25:45,844 --> 00:25:48,745
What next? Flying squads
in the middle of the night?
478
00:25:48,947 --> 00:25:53,145
If it was my child
he pushed into traffic, I might consider it.
479
00:25:53,251 --> 00:25:55,344
Yeah, that's only
capital punishment.
480
00:25:55,420 --> 00:25:58,583
Or do you make an exception
for people like Roland Kirk?
481
00:26:00,725 --> 00:26:02,750
I'll have Elizabeth
talk to him.
482
00:26:07,999 --> 00:26:11,628
When I smoke up,
these people are munchkins.
483
00:26:11,703 --> 00:26:15,537
Little things I can
just flick out of my way. You're not high now.
484
00:26:15,607 --> 00:26:19,065
Is it possible you remember
more about what happened in the alley?
485
00:26:19,144 --> 00:26:22,238
What happened in the alley.
What do you think? I got messed up.
486
00:26:22,314 --> 00:26:25,374
You described a bald woman.
Yeah, the dentist.
487
00:26:25,450 --> 00:26:29,250
He walks around in a dress,
and they say I'm crazy?
488
00:26:29,788 --> 00:26:32,279
Do you remember anybody else
in the alley?
489
00:26:33,425 --> 00:26:35,052
Yeah, I know who.
490
00:26:35,260 --> 00:26:38,752
Mr. "We reserve
the right to serve."
491
00:26:39,130 --> 00:26:40,995
The man with the restaurant.
492
00:26:41,633 --> 00:26:43,430
You mean Leon Prosky?
493
00:26:43,501 --> 00:26:46,129
He'd never even give me
a damn glass of water.
494
00:26:46,838 --> 00:26:48,362
Yeah, he was there.
495
00:26:48,440 --> 00:26:50,237
Do you remember
what he was doing?
496
00:26:50,308 --> 00:26:52,242
I was getting whacked.
I was bleeding.
497
00:26:52,310 --> 00:26:54,676
I tried giving him the bag.
498
00:26:55,080 --> 00:26:57,548
Well, what bag is that?
The one with the purple letters.
499
00:26:57,616 --> 00:27:00,107
He kept pulling at it.
Did he say why?
500
00:27:00,185 --> 00:27:04,144
His wife gives me the bag.
Then he wants it back.
501
00:27:06,091 --> 00:27:08,423
I can't figure
these people out.
502
00:27:12,964 --> 00:27:14,864
What is that, Roland?
503
00:27:24,843 --> 00:27:26,470
Can I keep this?
504
00:27:27,912 --> 00:27:29,004
Sure.
505
00:27:30,115 --> 00:27:31,810
Happy birthday.
506
00:27:34,653 --> 00:27:37,952
He drew this
while I was talking to him.
507
00:27:40,191 --> 00:27:42,682
Once the drugs
clear his system. He settles down.
508
00:27:42,761 --> 00:27:44,058
He becomes more lucid.
509
00:27:44,129 --> 00:27:46,654
It explains why they keep
putting him back out on the streets.
510
00:27:46,731 --> 00:27:48,358
Where he resumes
his old habits.
511
00:27:48,433 --> 00:27:51,493
The drugs trigger
psychotic episodes, back he goes to the hospital.
512
00:27:51,569 --> 00:27:54,732
At some point, doesn't
someone catch on that he needs long-term treatment?
513
00:27:54,806 --> 00:27:56,330
There's no place for him.
514
00:27:56,775 --> 00:27:59,608
Drug treatment programs
won't take addicts who are mentally ill...
515
00:27:59,678 --> 00:28:01,703
and psychiatric hospitals
don't treat addicts.
516
00:28:01,780 --> 00:28:04,442
So the system's crazier
than the people it's trying to help.
517
00:28:04,516 --> 00:28:05,983
(Stone)
Liz...
518
00:28:06,284 --> 00:28:08,275
do you believe Roland Kirk?
519
00:28:08,353 --> 00:28:11,720
I think he's the one person
who has no reason to lie.
520
00:28:15,493 --> 00:28:17,927
You know,
I already went through all this with the police.
521
00:28:17,996 --> 00:28:19,520
Don't you people
talk to each other?
522
00:28:19,597 --> 00:28:22,998
I read your statement.
It wasn't clear what time you got home.
523
00:28:23,802 --> 00:28:26,566
Look, this drug addict
mauled my wife.
524
00:28:27,405 --> 00:28:30,238
He separated her shoulder,
he drew blood.
525
00:28:31,076 --> 00:28:34,534
You've got some nerve
making me feel like I'm the one under investigation.
526
00:28:34,612 --> 00:28:37,080
My questions are very routine,
Mr. Morrissey.
527
00:28:37,148 --> 00:28:40,311
Yeah, right.
So tell me where you live.
528
00:28:40,385 --> 00:28:44,378
Next time we have a problem
with Roland Kirk, we'll send him over.
529
00:28:45,190 --> 00:28:49,058
I have tax reports to do.
Goodbye, Miss Kincaid.
530
00:28:54,032 --> 00:28:58,560
We signed Mrs. Morrissey in
at 10:50, and Dr. Parks saw her at 1 1:15.
531
00:28:59,003 --> 00:29:01,233
Yeah, I remember
Mr. Morrissey now.
532
00:29:01,306 --> 00:29:04,070
Out of a roomful
of emergencies? The squeaky wheel.
533
00:29:04,142 --> 00:29:06,542
You'd think
his wife had been shot through the heart.
534
00:29:06,611 --> 00:29:08,636
Do you know
what time they left?
535
00:29:09,047 --> 00:29:12,414
She had blood panels
and x-rays, they were here maybe an hour.
536
00:29:12,484 --> 00:29:15,317
But you're guessing.
Look, all I know is the guy was a pest...
537
00:29:15,386 --> 00:29:17,411
and he took all my change
for the pay phone.
538
00:29:17,489 --> 00:29:20,686
He made one phone call
before his wife went into x-ray...
539
00:29:20,759 --> 00:29:24,559
and one phone call
right before they left. Thanks.
540
00:29:25,897 --> 00:29:27,421
I checked the usage
on the pay phone.
541
00:29:27,499 --> 00:29:31,367
Two calls were made
to Prosky's restaurant between 11:00 and 12:00.
542
00:29:31,436 --> 00:29:35,463
Morrissey is upset.
He wants revenge, and he calls Prosky.
543
00:29:35,540 --> 00:29:38,134
Prosky tells him
Kirk's in the alley.
544
00:29:38,743 --> 00:29:41,041
And Kirk ends up
in a coma.
545
00:29:41,513 --> 00:29:44,641
Except the calls
don't prove Morrissey was in the alley.
546
00:29:45,350 --> 00:29:47,511
So we start with Prosky.
547
00:29:47,585 --> 00:29:50,554
Have him come in
with his lawyer.
548
00:29:50,622 --> 00:29:54,058
These are more than
just customers, Mr. Prosky considers them his friends.
549
00:29:54,125 --> 00:29:56,821
Mr. Prosky,
we could be looking at a conspiracy charge here.
550
00:29:56,895 --> 00:29:59,125
Based on what?
Answering the phone?
551
00:29:59,197 --> 00:30:01,358
He acted as a lookout
for Harold Morrissey.
552
00:30:01,432 --> 00:30:03,627
That's enough
to make him an accomplice.
553
00:30:03,701 --> 00:30:06,534
But I didn't do anything.
Leon, please.
554
00:30:06,604 --> 00:30:09,095
I can see a light touch
doesn't come naturally to you.
555
00:30:09,174 --> 00:30:12,507
What are you offering?
That depends on what he says.
556
00:30:14,212 --> 00:30:15,304
Tell them.
557
00:30:17,315 --> 00:30:20,648
I saw Morrissey do it.
558
00:30:21,519 --> 00:30:23,578
He came back
from the hospital.
559
00:30:23,788 --> 00:30:26,120
He grabbed a rebar
from the construction site.
560
00:30:26,191 --> 00:30:27,988
He went in the alley, and he--
Wait a minute.
561
00:30:28,059 --> 00:30:30,084
He grabbed the rebar
before he went into the alley?
562
00:30:30,161 --> 00:30:34,063
Yeah.
And the next thing I knew....
563
00:30:35,934 --> 00:30:37,196
(Stone)
Call Briscoe.
564
00:30:47,879 --> 00:30:49,744
(Logan)
Harold Morrissey, you're under arrest...
565
00:30:49,814 --> 00:30:51,782
for the attempted murder
of Roland Kirk.
566
00:30:51,850 --> 00:30:54,284
You have the right
to remain silent and anything you say...
567
00:30:54,352 --> 00:30:57,082
can be used against you
in a court of law. Do you understand that?
568
00:30:57,155 --> 00:30:58,588
You have the right
to an attorney.
569
00:30:58,656 --> 00:31:00,920
Should you refuse
that right....
570
00:31:01,759 --> 00:31:03,954
He's hiding behind
a justification defense.
571
00:31:04,028 --> 00:31:05,222
(Schiff)
Now listen, Ben.
572
00:31:05,730 --> 00:31:09,257
Lawful use of physical force
to terminate a larceny...
573
00:31:09,734 --> 00:31:12,202
is always a good reason
to beat up a mugger.
574
00:31:12,270 --> 00:31:16,229
Mrs. Morrissey
was mugged two hours before the beating.
575
00:31:17,242 --> 00:31:20,211
After three years
of harassment...
576
00:31:20,511 --> 00:31:23,105
the jury's not gonna
start counting minutes.
577
00:31:23,181 --> 00:31:25,012
It is a clear case
of premeditation.
578
00:31:25,083 --> 00:31:27,051
He walked in that alley
with the rebar.
579
00:31:27,118 --> 00:31:30,747
He knew that Roland Kirk
was violent, he was preparing for the worst.
580
00:31:30,822 --> 00:31:34,019
It's called self-preservation.
It is also called vigilantism.
581
00:31:34,092 --> 00:31:37,528
I'm in for a chorus
of Amazing Grace.
582
00:31:38,329 --> 00:31:41,059
I didn't know that
he had time to cool off.
583
00:31:41,399 --> 00:31:44,266
An hour earlier,
Kirk was fair game?
584
00:31:44,335 --> 00:31:47,429
I'm not saying that
I'm comfortable prosecuting a man that...
585
00:31:47,505 --> 00:31:49,370
but for the grace of God
could be me.
586
00:31:49,440 --> 00:31:51,431
If the Almighty looked away
for half a second...
587
00:31:51,509 --> 00:31:54,273
you could also be Roland Kirk.
588
00:31:59,417 --> 00:32:01,908
My wife and l
were returning from a dinner.
589
00:32:02,854 --> 00:32:04,651
We saw Mrs. Morrissey
get out of a cab.
590
00:32:04,722 --> 00:32:06,849
She had a shopping bag
on her arm.
591
00:32:07,358 --> 00:32:10,156
Mr. Kirk pushed her,
grabbed the bag and ran away.
592
00:32:10,495 --> 00:32:12,520
I went to see
if she was all right...
593
00:32:12,597 --> 00:32:14,827
and then Mr. Morrissey
came out of his house.
594
00:32:14,899 --> 00:32:17,800
And did Mr. Morrissey
say anything to you?
595
00:32:18,569 --> 00:32:21,231
He was furious,
understandably.
596
00:32:21,306 --> 00:32:23,797
Kirk had scratched her face.
597
00:32:23,875 --> 00:32:27,174
I told him his priority
was getting his wife to the hospital.
598
00:32:27,245 --> 00:32:30,942
That's what he did.
They got into a cab, and I went home.
599
00:32:31,015 --> 00:32:32,846
Did there come a time
later that evening...
600
00:32:32,917 --> 00:32:35,147
when you heard
a disturbance in the alley?
601
00:32:35,219 --> 00:32:38,814
Yes, I went outside.
Prosky was there. Kirk was unconscious.
602
00:32:38,890 --> 00:32:40,653
His breathing was labored...
603
00:32:40,725 --> 00:32:44,354
he was in obvious
cardiac distress, so I administered CPR.
604
00:32:44,996 --> 00:32:48,523
And what time was this?
Around 12:30.
605
00:32:48,599 --> 00:32:51,124
And what time
did you see Mr. Kirk...
606
00:32:51,402 --> 00:32:54,496
take Mrs. Morrissey's bag?
That had to be 10:30.
607
00:32:54,906 --> 00:32:58,398
That's a full two hours
earlier, correct? That's right.
608
00:32:58,843 --> 00:32:59,935
Thank you.
609
00:33:06,918 --> 00:33:08,943
Yes or no, Doctor.
610
00:33:09,620 --> 00:33:13,283
After you administered CPR
to Mr. Kirk...
611
00:33:13,358 --> 00:33:16,156
did you wait around
for the paramedics to arrive?
612
00:33:17,261 --> 00:33:18,250
No.
613
00:33:19,130 --> 00:33:21,928
Did you do anything
about the blood gushing from his head?
614
00:33:22,000 --> 00:33:25,060
He was breathing
when I left. There was-- But...
615
00:33:25,136 --> 00:33:28,128
had the paramedics
been delayed...
616
00:33:28,206 --> 00:33:30,606
he could have bled to death,
isn't that right?
617
00:33:30,675 --> 00:33:31,937
It's possible.
618
00:33:32,577 --> 00:33:34,067
True or false.
619
00:33:34,445 --> 00:33:36,208
Six months ago...
620
00:33:36,280 --> 00:33:39,875
Mr. Kirk pushed
your 1 1-year-old son in front of a moving car.
621
00:33:41,719 --> 00:33:42,708
That's right.
622
00:33:45,957 --> 00:33:47,822
Well, if it'd been my son...
623
00:33:48,459 --> 00:33:51,428
I sure as hell
would want the guy dead. Objection.
624
00:33:51,496 --> 00:33:52,588
Sustained.
625
00:33:53,264 --> 00:33:55,892
Mr. Morrissey called again
from the hospital.
626
00:33:56,501 --> 00:33:58,560
He wanted to know if Kirk
was still in the alley.
627
00:33:58,636 --> 00:33:59,762
I told him yes.
628
00:33:59,837 --> 00:34:01,964
Did you see Mr. Morrissey
later that evening?
629
00:34:02,040 --> 00:34:04,270
It was after midnight.
I was closing up.
630
00:34:04,342 --> 00:34:07,505
I saw him get out of a cab
and head towards the alley.
631
00:34:07,578 --> 00:34:09,375
And what did you do?
632
00:34:09,881 --> 00:34:11,246
This guy Kirk is dangerous.
633
00:34:11,315 --> 00:34:13,579
I didn't want anything
to happen to Mr. Morrissey.
634
00:34:13,651 --> 00:34:15,585
(Prosky)
I followed him into the alley.
635
00:34:16,120 --> 00:34:19,180
(Stone)
And what happened next? The guy deserved it.
636
00:34:19,257 --> 00:34:21,691
He wouldn't let us
live our lives.
637
00:34:22,126 --> 00:34:25,186
Mr. Prosky, please.
Just tell us what happened.
638
00:34:26,364 --> 00:34:30,130
Mr. Morrissey
started hitting him. Where?
639
00:34:30,201 --> 00:34:32,795
On the legs.
Anywhere else?
640
00:34:32,870 --> 00:34:34,565
And then the head.
With what?
641
00:34:34,639 --> 00:34:36,470
His fists?
No.
642
00:34:36,541 --> 00:34:39,476
The rebar.
And where did he get it?
643
00:34:39,544 --> 00:34:42,809
They're fixing up
a building next door. They have them lying around.
644
00:34:42,880 --> 00:34:46,111
And he armed himself with that
before he entered the alley, right?
645
00:34:46,184 --> 00:34:49,950
Yeah, sure, who wouldn't?
Thank you.
646
00:34:57,361 --> 00:35:01,957
Did you see Mr. Kirk
try to give the shopping bag back to Mr. Morrissey?
647
00:35:04,135 --> 00:35:05,124
No.
648
00:35:06,304 --> 00:35:10,263
Did you see Mr. Kirk
attack Mr. Morrissey...
649
00:35:10,341 --> 00:35:12,775
before he started
swinging the rebar?
650
00:35:16,280 --> 00:35:17,269
Yes.
651
00:35:18,449 --> 00:35:21,179
Sidebar, Your Honor.
Approach.
652
00:35:25,389 --> 00:35:28,222
This witness
has sudden recall he never told the police.
653
00:35:28,292 --> 00:35:31,955
Are you saying
that I'm suborning perjury?
654
00:35:32,029 --> 00:35:35,521
I am saying that,
that witness is lying.
655
00:35:35,967 --> 00:35:38,834
Credibility is left
to the jury, Counselor.
656
00:35:38,903 --> 00:35:42,339
If you want to discredit him,
call another witness.
657
00:35:44,509 --> 00:35:47,000
Then I am amending
my witness list.
658
00:35:47,178 --> 00:35:49,271
I want to call
Mr. Kirk to the stand.
659
00:35:49,347 --> 00:35:53,340
The man's certifiable.
He's not competent.
660
00:35:54,452 --> 00:35:56,784
Have him in my office.
9:00 a.m.
661
00:35:57,822 --> 00:35:59,653
Yes, Mr. Kirk
becomes delusional.
662
00:35:59,724 --> 00:36:02,056
But typically the delusions
are drug-induced.
663
00:36:02,126 --> 00:36:04,993
He's been under medical care
since the incident, Your Honor.
664
00:36:05,062 --> 00:36:07,223
When he was high
as a kite.
665
00:36:07,298 --> 00:36:09,391
(Stone)
The issue is not whether he can stand trial...
666
00:36:09,467 --> 00:36:10,798
but whether
he can bear witness.
667
00:36:10,868 --> 00:36:12,426
Now he was there,
he saw what happened.
668
00:36:12,503 --> 00:36:15,301
He remembers,
and he can communicate that to a jury.
669
00:36:15,373 --> 00:36:17,204
With how much
coaching, Ben?
670
00:36:17,608 --> 00:36:20,372
He certainly won't
perjure himself, if that's what you mean.
671
00:36:20,444 --> 00:36:22,639
We'll ignore that,
Counselors.
672
00:36:22,713 --> 00:36:27,150
Mr. Kirk, how old are you?
I'm 44, next January.
673
00:36:28,653 --> 00:36:31,417
Do you remember where you were
when you were beaten?
674
00:36:31,489 --> 00:36:33,889
I was in the alley.
I often sleep there.
675
00:36:37,695 --> 00:36:40,755
I assume there
won't be any trouble with the oath, Ben.
676
00:36:41,465 --> 00:36:44,059
I'm a very religious man,
Your Honor.
677
00:36:47,238 --> 00:36:49,001
That's good enough for me.
678
00:36:50,541 --> 00:36:53,009
I like to sleep in the alley.
It's quiet.
679
00:36:53,844 --> 00:36:56,540
I was there the night
Mr. Morrissey beat me up.
680
00:36:56,981 --> 00:36:59,313
Well, tell us
what you remember.
681
00:37:00,084 --> 00:37:01,312
I was asleep.
682
00:37:02,186 --> 00:37:04,711
All of a sudden,
my legs were on fire.
683
00:37:05,489 --> 00:37:08,287
(Stone)
What do you mean? I was in pain.
684
00:37:09,193 --> 00:37:13,095
I opened my eyes,
and I saw Mr. Morrissey standing over me.
685
00:37:13,197 --> 00:37:15,927
He had a metal bar
in his hand. And what did you do?
686
00:37:16,000 --> 00:37:18,696
I said,
"You want the damn bag so much? Take it."
687
00:37:18,769 --> 00:37:21,169
And did he take it?
He kept hitting me.
688
00:37:21,405 --> 00:37:24,499
How often?
Again and again and again.
689
00:37:25,042 --> 00:37:26,373
Thank you.
690
00:37:29,947 --> 00:37:33,713
Mr. Kirk, when you
first spoke to the police...
691
00:37:33,784 --> 00:37:37,151
did you tell them
this same story? No.
692
00:37:38,623 --> 00:37:39,851
Why was that?
693
00:37:40,858 --> 00:37:43,793
I was out of it.
I was high on crack.
694
00:37:44,128 --> 00:37:46,062
But I remember now.
695
00:37:46,597 --> 00:37:48,758
And when you get high...
696
00:37:48,833 --> 00:37:52,360
you have no idea
what's going on around you, is that right?
697
00:37:54,605 --> 00:37:55,594
No.
698
00:37:56,974 --> 00:37:59,374
Is that why you were
involuntarily committed...
699
00:37:59,443 --> 00:38:02,435
to the Friedland
Psychiatric Center at least...
700
00:38:03,147 --> 00:38:05,172
a dozen times
in the last three years?
701
00:38:05,249 --> 00:38:07,615
When I'm feeling better,
they let me go.
702
00:38:08,319 --> 00:38:13,086
And when you get out
of the hospital this time, where are you gonna go?
703
00:38:13,891 --> 00:38:16,587
My sister said
I could stay with her.
704
00:38:16,894 --> 00:38:20,853
But things didn't work out
with your sister the last time you were there.
705
00:38:21,666 --> 00:38:23,497
Well, it wasn't her fault.
706
00:38:24,101 --> 00:38:26,729
When you left your sister's,
where did you go?
707
00:38:27,705 --> 00:38:30,299
Where I live. Bedford Street.
708
00:38:30,374 --> 00:38:33,537
You see, there's
this sonic convergence-- And when you go there...
709
00:38:33,611 --> 00:38:36,136
you get high, don't you, sir?
710
00:38:39,517 --> 00:38:42,077
Yes, I have to. I feel better.
711
00:38:42,620 --> 00:38:43,917
And you buy the crack...
712
00:38:44,121 --> 00:38:47,249
with money you won
suing the residents of Bedford Street.
713
00:38:47,325 --> 00:38:48,485
Isn't that right?
714
00:38:48,559 --> 00:38:51,027
They harassed me.
Oh, they say they're the victims.
715
00:38:51,095 --> 00:38:54,622
I'm the victim.
He tried to kill me. I may never walk right again.
716
00:38:54,699 --> 00:38:57,600
You gonna sue them again,
Mr. Kirk? You better believe it.
717
00:38:57,668 --> 00:39:00,603
And I'll get enough crack
to last me a lifetime.
718
00:39:00,671 --> 00:39:03,936
And every time
that son of a bitch comes out of his house...
719
00:39:04,008 --> 00:39:08,604
he'll see me
sitting in my Rolls-Royce wheelchair...
720
00:39:08,679 --> 00:39:12,115
getting high,
and getting in his pudgy little face.
721
00:39:18,255 --> 00:39:19,847
No more questions.
722
00:39:23,661 --> 00:39:26,653
All I wanted to do
was to get my wife's things back.
723
00:39:27,164 --> 00:39:30,361
Mr. Prosky told me
Kirk was in the alley sleeping.
724
00:39:30,468 --> 00:39:32,265
The bag was next to him.
725
00:39:32,403 --> 00:39:34,871
(Mullen)
What happened when you entered the alley?
726
00:39:35,639 --> 00:39:38,369
Thank God I had the rebar
to protect myself.
727
00:39:38,442 --> 00:39:40,967
As soon as I got near him
he was all over me.
728
00:39:41,278 --> 00:39:44,975
I mean, sure, I hit him.
What would you do? You saw what he was like.
729
00:39:49,220 --> 00:39:53,520
Mr. Morrissey,
you testified that you were scared of...
730
00:39:53,924 --> 00:39:55,653
Mr. Kirk, right?
Everyone is.
731
00:39:55,726 --> 00:39:58,160
He's dangerous. That's why
I brought the rebar.
732
00:39:58,229 --> 00:40:01,665
And that you would use
physical force if it were necessary.
733
00:40:01,732 --> 00:40:02,790
Yeah, if I had to.
734
00:40:02,867 --> 00:40:05,665
And at the slightest
provocation, you'd come out swinging, right?
735
00:40:05,736 --> 00:40:07,727
Well, I'm not a wild man.
736
00:40:07,805 --> 00:40:10,865
I defended myself
only when he attacked me.
737
00:40:13,978 --> 00:40:17,106
Did he injure you?
I didn't let him get close enough.
738
00:40:18,416 --> 00:40:21,579
You mean
that you broke his kneecap, is that right?
739
00:40:21,652 --> 00:40:24,621
That's right.
And did that stop him, sir?
740
00:40:24,688 --> 00:40:25,655
No.
741
00:40:25,723 --> 00:40:28,317
So you hit him again
in the legs?
742
00:40:28,392 --> 00:40:29,586
Yes.
743
00:40:29,660 --> 00:40:31,685
Did you have reason
to hit him a third time?
744
00:40:31,762 --> 00:40:33,252
Yes.
Where?
745
00:40:34,165 --> 00:40:35,564
On the head.
Why?
746
00:40:35,633 --> 00:40:37,658
He kept coming at me.
How could he?
747
00:40:37,735 --> 00:40:40,727
You'd just broken his legs.
He couldn't walk.
748
00:40:43,641 --> 00:40:46,804
I don't remember.
I mean, you know, it happened too fast.
749
00:40:47,445 --> 00:40:49,470
Too fast, Mr. Morrissey?
750
00:40:49,547 --> 00:40:52,812
He has by now
two broken legs...
751
00:40:52,883 --> 00:40:55,443
and it's all happening
too fast?
752
00:40:56,587 --> 00:40:57,884
Isn't it true...
753
00:40:57,955 --> 00:41:01,413
that you crippled Mr. Kirk
with a surgical strike to the knee...
754
00:41:01,492 --> 00:41:03,084
while he was asleep?
No.
755
00:41:03,294 --> 00:41:06,457
And then you proceeded
to beat his brains in...
756
00:41:06,530 --> 00:41:09,795
so that he wouldn't bother you
or your wife ever again?
757
00:41:09,867 --> 00:41:13,462
That's not true.
Look, I am not the animal here. He is.
758
00:41:13,537 --> 00:41:15,698
He should be locked in a cage,
right? That's right...
759
00:41:15,773 --> 00:41:17,707
but you people
can't seem to do that.
760
00:41:17,775 --> 00:41:19,402
You let him ruin our lives.
761
00:41:19,477 --> 00:41:21,468
We're responsible
for Mr. Kirk? You're damn right.
762
00:41:21,545 --> 00:41:23,775
You'd wanna come out here
and beat our brains in, right?
763
00:41:23,848 --> 00:41:26,112
Don't think
I haven't thought of it.
764
00:41:34,425 --> 00:41:36,416
Thank you, Mr. Morrissey.
765
00:41:41,565 --> 00:41:46,332
Roland Kirk smokes crack
and loses contact with reality.
766
00:41:47,605 --> 00:41:50,972
He throws a garbage can
through a plate glass window.
767
00:41:51,575 --> 00:41:55,477
We toss him
into a state mental facility where they clean him up...
768
00:41:55,546 --> 00:41:58,913
brush him off
and shove him back onto the street.
769
00:42:00,251 --> 00:42:03,743
Where does he go?
Right back to Bedford Street.
770
00:42:04,054 --> 00:42:06,614
Where he smokes crack...
771
00:42:06,690 --> 00:42:09,386
Ioses contact with reality...
772
00:42:10,227 --> 00:42:14,994
and pushes an 1 1-year-old boy
in front of a moving car.
773
00:42:15,432 --> 00:42:19,596
Again, we toss him back
into the state mental facility...
774
00:42:19,670 --> 00:42:23,970
where they clean him up,
brush him off and shove him back onto the street.
775
00:42:24,041 --> 00:42:27,533
And where does he go?
Back to Bedford Street.
776
00:42:28,746 --> 00:42:31,306
Three years of this,
ladies and gentlemen...
777
00:42:31,749 --> 00:42:33,717
with no end in sight.
778
00:42:34,184 --> 00:42:36,982
Until Harold Morrissey
said, "Enough."
779
00:42:37,621 --> 00:42:41,819
Roland Kirk attacked his wife
and took his property.
780
00:42:42,526 --> 00:42:45,359
Mr. Morrissey
tried to get it back.
781
00:42:46,363 --> 00:42:48,854
And now they want
to put him in jail.
782
00:42:49,867 --> 00:42:52,301
There's something
very wrong here.
783
00:42:55,539 --> 00:43:00,135
Anyone familiar
with the Roland Kirk story has to feel frustrated...
784
00:43:01,879 --> 00:43:04,939
and discouraged.
And, yes, infuriated.
785
00:43:05,649 --> 00:43:07,879
The system broke down
outrageously...
786
00:43:08,586 --> 00:43:13,216
but that's no reason
to disregard the laws of a civilized society.
787
00:43:14,391 --> 00:43:18,293
Now Mr. Morrissey,
he was frustrated and angry.
788
00:43:19,430 --> 00:43:21,728
And the night
he left that hospital...
789
00:43:22,132 --> 00:43:26,899
he found the perfect device
to express his rage.
790
00:43:28,672 --> 00:43:32,608
And he picked it up,
and he walked with it into the alley...
791
00:43:32,676 --> 00:43:36,908
and whatever was on his mind,
he had murder in his heart.
792
00:43:37,815 --> 00:43:39,783
He saw Mr. Kirk asleep.
793
00:43:39,950 --> 00:43:43,613
He shattered his legs,
he shattered his skull...
794
00:43:43,687 --> 00:43:46,087
and he left him there to die.
795
00:43:47,658 --> 00:43:49,956
Now, the law says...
796
00:43:50,027 --> 00:43:52,393
that you can use
physical force...
797
00:43:52,463 --> 00:43:54,624
to prevent your property
from being stolen.
798
00:43:54,698 --> 00:43:56,928
It does not say
you can murder a man...
799
00:43:57,001 --> 00:43:59,731
because the state
won't do anything about him.
800
00:44:00,871 --> 00:44:04,830
Yes,
the people of Bedford Street had their rights violated.
801
00:44:04,908 --> 00:44:07,536
Yes, Mr. Morrissey...
802
00:44:07,611 --> 00:44:09,738
he lost
an article of clothing.
803
00:44:09,813 --> 00:44:12,646
But when he took the law
into his own hands...
804
00:44:12,983 --> 00:44:16,976
he lost all connection
to what every citizen must hold sacred.
805
00:44:17,187 --> 00:44:19,087
The rules, the laws...
806
00:44:19,957 --> 00:44:22,255
which we've all agreed
to live by.
807
00:44:23,060 --> 00:44:26,120
And when he struck
Mr. Kirk in his sleep...
808
00:44:26,997 --> 00:44:29,465
he became
a menace to society...
809
00:44:30,601 --> 00:44:33,798
greater than Roland Kirk
ever was.
810
00:44:40,144 --> 00:44:42,305
On the first count
of the indictment...
811
00:44:42,379 --> 00:44:45,837
attempt to commit murder
in the second degree, how do you find?
812
00:44:47,217 --> 00:44:49,344
We find the defendant
not guilty.
813
00:44:49,820 --> 00:44:51,754
(Stein)
On the second count of the indictment...
814
00:44:51,822 --> 00:44:55,223
assault in the first degree,
how do you find?
815
00:44:56,260 --> 00:44:57,625
Not guilty.
816
00:44:58,796 --> 00:45:00,491
On the third count
of the indictment...
817
00:45:00,564 --> 00:45:04,091
assault in the second degree,
how do you find?
818
00:45:05,369 --> 00:45:06,802
Guilty.
819
00:45:08,706 --> 00:45:10,697
Thank you very much,
Madam Forewoman.
820
00:45:10,774 --> 00:45:13,402
(Stein)
The jury is excused. Show them out.
821
00:45:16,346 --> 00:45:18,940
I'm ready to deal
with the sentencing right now.
822
00:45:19,016 --> 00:45:20,711
Your Honor,
please forgive me...
823
00:45:20,784 --> 00:45:24,379
but you are required to wait
for the pre-sentencing report.
824
00:45:24,455 --> 00:45:27,481
I'm gonna save
the Department of Corrections some ink.
825
00:45:27,825 --> 00:45:30,225
Sit down, Mr. Stone.
826
00:45:31,762 --> 00:45:33,320
Mr. Morrissey...
827
00:45:33,397 --> 00:45:36,457
the statute provides
for mandatory incarceration...
828
00:45:36,533 --> 00:45:38,160
for this crime.
829
00:45:38,669 --> 00:45:40,762
How much time
have you spent in jail?
830
00:45:40,838 --> 00:45:43,932
Two days.
Pending bail, Your Honor.
831
00:45:44,274 --> 00:45:45,366
Very well.
832
00:45:45,809 --> 00:45:49,267
I sentence you
to time served...
833
00:45:49,346 --> 00:45:52,838
and two years probation.
Probation.
834
00:45:54,752 --> 00:45:57,277
Your Honor,
please note my exception...
835
00:45:57,354 --> 00:45:58,787
and the People
intend to appeal.
836
00:45:58,856 --> 00:46:00,721
Noted and overruled.
837
00:46:00,791 --> 00:46:01,951
[judge bangs gavel]
838
00:46:02,025 --> 00:46:04,084
Court is adjourned.
839
00:46:07,698 --> 00:46:09,165
(man)
Congratulations.
840
00:46:09,233 --> 00:46:12,725
Well, Judge Stein
confirmed the public's greatest fear.
841
00:46:12,803 --> 00:46:15,431
System fails once,
keeps on failing.
842
00:46:15,506 --> 00:46:18,498
That's not
the public's greatest fear. What is?
843
00:46:18,575 --> 00:46:21,976
That Roland Kirk'll
move into their neighborhood.
844
00:46:22,026 --> 00:46:26,576
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