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NARRATOR:
In the criminal justice system
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00:00:03,241 --> 00:00:07,121
the people are represented by two
separate yet equally important groups,
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00:00:07,178 --> 00:00:09,021
the police
who investigate crime
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00:00:09,080 --> 00:00:11,856
and the district attorneys
who prosecute the offenders.
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These are their stories.
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00:00:15,387 --> 00:00:17,890
Got a bunch of new jacks
coming in this afternoon.
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00:00:17,956 --> 00:00:19,264
Glad it's not my shift.
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Amen, nothing I hate
worse than...
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(MEN SHOUTING)
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Everybody, stay where you are!
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(ALARM BLARING)
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(MEN YELLING)
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Against the walls!
Everybody line up.
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Nobody move!
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I got one down here.
I need a medic.
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OFFICER: We need a medic
in the hallway outside.
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MAN: (YELLING) The son
of a bitch stabbed me.
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Who? Who did...
Who was it?
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Son of a bitch.
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Radson.
What? Who is it?
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Alejo... Dead.
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M.E. says one well-placed
stab to the heart,
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and death would've
been instantaneous.
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Luck or skill, I wonder.
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One or the other.
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We found this on the floor.
We marked the location.
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Any idea who belongs to it?
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We're working on that.
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00:01:05,203 --> 00:01:06,307
ED: Rafael Alejo?
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(SCOFFS) If it had
to be somebody.
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Head of the Latin Lobos.
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00:01:09,140 --> 00:01:11,746
I thought he was bolted down in
Attica till the next ice age.
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00:01:11,810 --> 00:01:13,721
He killed some guy
that touched his weights.
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00:01:13,778 --> 00:01:15,849
Judge moved the trial down
here, and now we got him.
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00:01:15,914 --> 00:01:17,655
What about the other
guy who got stabbed?
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00:01:17,716 --> 00:01:18,786
Hector Diaz.
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00:01:18,850 --> 00:01:20,227
Yeah.
He a Lobo, too?
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00:01:20,285 --> 00:01:21,923
File says he joined
a couple years ago
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but he was movin'
up pretty fast.
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Maybe too fast.
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I don't know.
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00:01:26,658 --> 00:01:27,864
That's your job
to find out, isn't it?
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00:01:29,427 --> 00:01:30,804
Well, the hours
aren't that good,
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but you sure meet a lot
of interesting people.
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BENNETT: Right there, that's
Diaz in the white shirt
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and here's Alejo
not too far behind.
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We've watched it four times.
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We can't tell from this what started
the fight or who did the stabbing.
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00:02:36,394 --> 00:02:38,203
Well, what about
the other camera?
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00:02:38,329 --> 00:02:40,832
There's a blind spot.
The place is full of 'em.
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00:02:40,899 --> 00:02:43,379
No doubt the inmates know
where the blind spots are.
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00:02:43,435 --> 00:02:45,437
Mmm-hmm.
They know everything.
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BRISCOE: What's Hector
Diaz in for?
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00:02:47,739 --> 00:02:50,652
Assault on a police
officer, a Detective Quinn.
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So where'd the shank come from?
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We should've found it.
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00:02:56,514 --> 00:02:58,994
You can't kick us any harder
than we're kicking ourselves.
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00:02:59,050 --> 00:03:01,758
They in contact with each
other, Diaz and Alejo?
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00:03:02,253 --> 00:03:03,254
Don't see how.
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Diaz is in general population,
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00:03:05,090 --> 00:03:07,161
Alejo's locked down
in the segregation unit.
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00:03:07,225 --> 00:03:09,330
Well, how'd they end up in the
corridor at the same time?
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00:03:09,394 --> 00:03:10,532
BENNETT: Move
these guys around?
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Anything can happen.
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00:03:11,896 --> 00:03:14,433
A CO's hung up, can't
release a gate in time,
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00:03:14,499 --> 00:03:15,569
you're waiting.
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00:03:15,633 --> 00:03:17,874
Someone shows up on his
way to somewhere else.
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00:03:17,936 --> 00:03:20,917
You want to control it, but
sometimes it gets away from you.
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00:03:22,373 --> 00:03:25,149
ED: Okay, Diaz, somebody stabs
you and you don't see anything?
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Yeah.
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Alejo come after you
or you go after him?
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Neither one.
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00:03:29,547 --> 00:03:30,719
We've got a shank
drippin' with blood,
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00:03:30,782 --> 00:03:32,489
we gonna turn up
your prints on it?
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00:03:32,550 --> 00:03:34,587
You do and you let me know.
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Until then, get your black
nose out of my ass.
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(GRUNTING)
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Am I gonna have to conduct a
race-relations workshop with you?
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00:03:42,961 --> 00:03:44,963
Oh, you just got
yourself written up.
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00:03:45,029 --> 00:03:47,100
Might as well make it
an advanced workshop.
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00:03:47,165 --> 00:03:49,202
No more ignorant
remarks, Hector.
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00:03:49,267 --> 00:03:50,337
(BREATHING HEAVILY)
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00:03:53,938 --> 00:03:56,145
I knew Rafael Alejo when
I was in the Gang Unit,
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00:03:56,207 --> 00:03:57,242
the guy's the worst.
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00:03:57,308 --> 00:03:58,651
I'm glad we took him
down when we did.
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00:03:58,710 --> 00:03:59,814
What'd you get him for?
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00:03:59,878 --> 00:04:02,017
He put out a hit
on one of his lieutenants,
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00:04:02,080 --> 00:04:03,388
the shooter took
out the target,
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00:04:03,448 --> 00:04:05,257
the target's wife
and the wife's sister.
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00:04:05,316 --> 00:04:06,522
Isn't that against the rules?
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00:04:06,584 --> 00:04:08,621
Mmm-hmm, which is why
Alejo killed the shooter.
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00:04:08,686 --> 00:04:09,994
That's the one we got him for.
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00:04:10,054 --> 00:04:11,590
Although he's racked up
a few more since then.
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00:04:11,656 --> 00:04:13,397
Why are you thinking
Hector Diaz killed him?
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00:04:13,458 --> 00:04:15,131
Mainly their position
in the hallway.
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00:04:15,193 --> 00:04:16,263
What's the motive?
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00:04:16,327 --> 00:04:19,001
As long as he's alive,
Alejo's on top.
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00:04:19,063 --> 00:04:20,235
In prison or out.
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00:04:20,298 --> 00:04:22,369
Now, somebody wanted to
get rid of him and, uh,
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00:04:22,433 --> 00:04:24,674
it looks like Diaz got the assignment.
(KNOCKING ON DOOR)
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Thanks.
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00:04:26,638 --> 00:04:30,347
The prints on the shank found at
the scene are too smudged to ID.
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00:04:31,209 --> 00:04:33,211
All right. Right now
we're guessing.
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00:04:33,278 --> 00:04:36,748
Check with the Gang Unit, see if
you can get something concrete.
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00:04:38,950 --> 00:04:40,657
We haven't been on the Lobos
much since Alejo went away.
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00:04:40,718 --> 00:04:41,992
He was the big problem.
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00:04:42,053 --> 00:04:44,590
The others are small-time,
not worth the manpower.
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00:04:44,656 --> 00:04:46,192
Why'd Diaz go after
Detective Quinn?
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00:04:46,257 --> 00:04:47,497
They ran into each other.
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00:04:47,559 --> 00:04:49,095
Hey, let's go, man.
You're late.
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00:04:49,394 --> 00:04:52,705
Quinn collared him a couple of times.
Diaz decided to get even.
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00:04:52,964 --> 00:04:55,877
Who knows with these guys?
Maybe he was on the pipe.
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00:04:56,067 --> 00:04:58,673
Who took over as jefe
when Alejo went upstate?
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00:04:58,736 --> 00:04:59,771
Nobody.
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00:05:00,138 --> 00:05:03,278
Without Alejo, these clowns
couldn't organize a sock drawer.
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00:05:03,341 --> 00:05:05,150
Maybe Diaz thought
he could take over.
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00:05:05,210 --> 00:05:06,314
No idea.
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00:05:06,644 --> 00:05:07,952
Is it worth asking Quinn?
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00:05:08,012 --> 00:05:11,255
Detective Quinn's on medical
leave till who knows when.
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00:05:11,449 --> 00:05:13,224
It was three weeks ago.
How bad did he get hurt?
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00:05:13,284 --> 00:05:14,456
Bad.
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00:05:15,019 --> 00:05:18,796
Maybe Diaz is your guy,
but you know Alejo, Ed.
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00:05:19,290 --> 00:05:21,702
He had enough enemies
to populate a small country.
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00:05:21,893 --> 00:05:23,065
Sorry I can't help.
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00:05:23,127 --> 00:05:24,435
Thanks, Navarro.
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00:05:24,796 --> 00:05:27,470
So we're gonna have to talk
to every inmate in Rikers,
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00:05:27,532 --> 00:05:29,443
and not one of them's
gonna tell us a thing.
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00:05:29,500 --> 00:05:31,036
Navarro's not being
straight with us.
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00:05:31,102 --> 00:05:32,911
Would Navarro have
any reason to lie to you?
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00:05:32,971 --> 00:05:34,314
To him, information is power.
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00:05:34,372 --> 00:05:35,976
He likes to keep it
in the family.
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00:05:36,040 --> 00:05:37,644
And you're not family anymore.
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00:05:38,176 --> 00:05:40,520
I got a friend from the
old days I can talk to.
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00:05:42,547 --> 00:05:44,117
I got a nephew.
What's this one need?
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00:05:44,182 --> 00:05:46,458
He's sellin' hot dogs
down at Astor Place.
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00:05:46,818 --> 00:05:48,525
Cops keep hassling
him over nothing.
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00:05:48,586 --> 00:05:51,066
An expired tax stamp,
peddler's permit.
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00:05:51,389 --> 00:05:53,926
They keep this up, he's gonna
be doing burglaries again.
139
00:05:53,992 --> 00:05:56,336
All right. I'll talk to my
summons guy down at the ninth.
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00:05:56,394 --> 00:05:57,600
Is that cool?
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00:05:57,662 --> 00:05:58,732
Yeah.
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00:06:01,165 --> 00:06:03,475
Look, all I know about Diaz
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00:06:03,534 --> 00:06:05,377
is Alejo really
liked his style.
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00:06:05,436 --> 00:06:06,676
He was movin' him
up pretty fast.
145
00:06:06,738 --> 00:06:08,945
So Alejo put Diaz in charge
when he went away?
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00:06:09,007 --> 00:06:10,042
No way.
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00:06:10,108 --> 00:06:12,520
Alejo was running the gang
till the day he died.
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00:06:13,011 --> 00:06:14,354
He busted his butt
for about year,
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00:06:14,412 --> 00:06:16,483
trying to break into the
big-time distribution, you know.
150
00:06:16,547 --> 00:06:18,254
Well, how the hell's
Alejo gonna run things
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00:06:18,316 --> 00:06:19,659
when he's on lockdown
in Attica?
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00:06:19,717 --> 00:06:22,755
No unmonitored phone calls
or letters, no visitors.
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00:06:23,421 --> 00:06:24,798
Except from his lawyer.
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00:06:26,457 --> 00:06:29,165
According to my informant, the drug
deal that Alejo was working on
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00:06:29,227 --> 00:06:30,228
was worth a couple mil,
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00:06:30,295 --> 00:06:33,367
and that Alejo's lawyer was the
point man, arranging everything.
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00:06:33,431 --> 00:06:35,809
Any indication Diaz
moved in on the deal?
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00:06:35,867 --> 00:06:38,780
Well, the Cl doesn't know,
but he did say that Diaz
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00:06:38,836 --> 00:06:41,180
is ambitious and has
whatever it takes.
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00:06:41,239 --> 00:06:44,846
So we're thinking Diaz knew
Alejo was gonna be at Rikers
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00:06:44,909 --> 00:06:47,048
and got himself arrested
so he could kill Alejo
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00:06:47,111 --> 00:06:48,749
and take over his half
of the proceeds.
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00:06:48,813 --> 00:06:52,386
But he could've gotten himself collared
for kicking a detective's shin.
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00:06:52,450 --> 00:06:53,656
Why'd he bust him up so bad?
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00:06:53,718 --> 00:06:54,719
Payback.
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00:06:54,786 --> 00:06:56,390
Drug deal go down yet?
Nope.
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00:06:56,454 --> 00:06:57,956
Your Cl know the time or place?
168
00:06:58,022 --> 00:07:00,127
He said the lawyer was the only
one that knew the details.
169
00:07:00,191 --> 00:07:02,535
Yeah, uh, Benson White.
170
00:07:02,593 --> 00:07:04,800
We checked with
the State Bar Association,
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00:07:04,862 --> 00:07:06,569
the guy should've been
disbarred by now.
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00:07:06,631 --> 00:07:09,441
Well, if Diaz killed
Alejo for half a share,
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00:07:09,500 --> 00:07:11,810
Mr. White may be a dead
man for the other half.
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00:07:16,541 --> 00:07:22,492
I don't know any Hector Diaz. My client was
Rafael Alejo. He's dead, end of story.
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00:07:22,547 --> 00:07:25,153
Yeah, except for the 2 million
dollar delivery you two set up.
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00:07:25,216 --> 00:07:27,389
(SCOFFS) If I had 2 million
dollars, I'd be on Crete,
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00:07:27,452 --> 00:07:29,659
playing strip backgammon
with Helen of Troy.
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00:07:29,721 --> 00:07:32,031
Yeah, we'll check in next week,
see if you're still alive.
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00:07:32,090 --> 00:07:33,694
You think you'll remember
him when he's stabbing you?
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00:07:33,758 --> 00:07:36,466
(LAUGHS) Your concern
is touching.
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00:07:36,527 --> 00:07:38,200
I still don't know Hector Diaz.
182
00:07:40,331 --> 00:07:42,106
How reliable's your informant?
183
00:07:42,166 --> 00:07:44,476
He's been wrong, but
he's never lied to me.
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00:07:44,635 --> 00:07:47,343
You think this guy's lying
about not knowing Diaz?
185
00:07:47,405 --> 00:07:49,442
I don't know.
Would a lawyer lie?
186
00:07:49,507 --> 00:07:50,918
There's a first time
for everything.
187
00:07:50,975 --> 00:07:52,545
Let's talk to Diaz again.
188
00:07:52,610 --> 00:07:54,055
Maybe you ought to pick
up a little something.
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00:07:54,112 --> 00:07:56,058
Something to let him know
you're sorry about last time.
190
00:07:56,347 --> 00:07:58,258
Don't worry, Lennie,
I'll be nice.
191
00:07:58,950 --> 00:08:01,521
"Diaz, Hector."
Made bail yesterday.
192
00:08:01,586 --> 00:08:04,590
1400 hours, $150,000.
193
00:08:04,856 --> 00:08:07,132
I guess the price of
assaulting a cop's gone up.
194
00:08:07,191 --> 00:08:08,465
Who posted the bond?
195
00:08:08,793 --> 00:08:11,603
Party name of Benson White.
196
00:08:20,004 --> 00:08:21,540
Your Cl's good.
197
00:08:21,606 --> 00:08:23,984
I don't think it was that
hard for him to find Diaz.
198
00:08:24,041 --> 00:08:27,511
Apparently he was bragging all over town,
he put a detective in the hospital.
199
00:08:31,482 --> 00:08:32,552
ED: Wanna pick him up?
200
00:08:32,617 --> 00:08:33,823
Why not?
201
00:08:42,493 --> 00:08:44,666
He can't be
hungry again already.
202
00:08:45,530 --> 00:08:47,134
Security Council meeting?
203
00:08:47,198 --> 00:08:48,643
Let's find out.
204
00:08:51,903 --> 00:08:53,007
Take the back.
205
00:08:57,642 --> 00:09:00,452
You got kielbasa?
Polish sausage?
206
00:09:04,482 --> 00:09:05,517
Police! Open up!
207
00:09:06,684 --> 00:09:07,754
What's your hurry?
208
00:09:09,754 --> 00:09:11,358
Uh-uh. Right over here.
209
00:09:13,791 --> 00:09:14,929
Who else is in the back?
210
00:09:14,992 --> 00:09:17,472
You got a warrant?
I don't need a warrant.
211
00:09:17,528 --> 00:09:22,034
What I have is exigent
circumstances, wouldn't you agree?
212
00:09:23,468 --> 00:09:26,074
All right, stand up.
Nice and slow.
213
00:09:26,137 --> 00:09:27,878
Put your hands
on top of your head.
214
00:09:29,674 --> 00:09:30,812
Don't move!
215
00:09:37,081 --> 00:09:38,219
(SIGHS)
216
00:09:38,282 --> 00:09:40,558
Detective Green.
Detective Quinn.
217
00:09:41,185 --> 00:09:42,323
This is Quinn?
218
00:09:42,954 --> 00:09:44,058
(SIGHING)
219
00:09:45,723 --> 00:09:47,498
Detective Diaz, I presume.
220
00:09:48,693 --> 00:09:50,263
I guess I gotta
take the cuffs off.
221
00:09:50,328 --> 00:09:52,330
Don't fall all over
yourself apologizing.
222
00:09:52,396 --> 00:09:53,773
Don't worry about it.
223
00:09:56,467 --> 00:10:00,313
These idiots came close to blowing
two years worth of undercover work.
224
00:10:00,371 --> 00:10:01,509
These idiots?
225
00:10:01,806 --> 00:10:04,650
What about you
not giving us a heads-up
226
00:10:04,709 --> 00:10:07,417
when you knew we were
investigating one of your people?
227
00:10:07,478 --> 00:10:09,583
It was too big a risk
and you know it.
228
00:10:09,647 --> 00:10:11,490
BRISCOE: Oh, right. It's not
like we're cops or anything.
229
00:10:11,549 --> 00:10:13,859
Not like I wasn't in the Gang
Unit for two and a half years.
230
00:10:13,918 --> 00:10:15,454
Well, you're not in it now.
231
00:10:15,953 --> 00:10:18,957
I operate on a strict
need-to-know basis.
232
00:10:19,023 --> 00:10:20,297
People's lives depend on that.
233
00:10:20,358 --> 00:10:25,398
Don't you dare lecture us on
what people's lives depend on.
234
00:10:26,030 --> 00:10:28,806
These detectives
did need to know.
235
00:10:29,000 --> 00:10:30,445
You didn't tell them,
236
00:10:30,501 --> 00:10:34,278
and because of that,
we wasted days
237
00:10:34,338 --> 00:10:36,215
thinking Diaz was the killer.
238
00:10:36,541 --> 00:10:38,953
I still haven't heard anything
that proves he's not.
239
00:10:39,410 --> 00:10:41,048
Diaz didn't kill that puke.
240
00:10:41,112 --> 00:10:43,251
Well, can he tell us who did,
or would he rather not say?
241
00:10:43,314 --> 00:10:44,816
He has no idea.
242
00:10:45,650 --> 00:10:48,494
One more day, we'd have been
all over that drug delivery.
243
00:10:48,553 --> 00:10:50,499
We'd have shut the Lobos down.
244
00:10:54,358 --> 00:10:55,359
(DOOR BANGING)
245
00:10:56,861 --> 00:10:59,569
Quinn told us that Diaz's
job was to find the time
246
00:10:59,630 --> 00:11:01,075
and the place of the drug deal.
247
00:11:01,132 --> 00:11:02,907
The Gang Unit
dummied up his arrest,
248
00:11:02,967 --> 00:11:05,208
so he could get close
to Alejo in Rikers.
249
00:11:05,303 --> 00:11:06,304
Yeah.
250
00:11:07,171 --> 00:11:09,048
Look, this came
from the M.E.
251
00:11:09,340 --> 00:11:12,844
The metal bolt found at the
scene doesn't match the wound.
252
00:11:12,910 --> 00:11:14,947
The murder weapon
is still out there.
253
00:11:15,046 --> 00:11:16,047
Okay.
254
00:11:20,251 --> 00:11:21,924
How often do you
search the place?
255
00:11:21,986 --> 00:11:23,192
Let's put it this way,
256
00:11:23,254 --> 00:11:25,165
it's not an
infrequent occurrence.
257
00:11:25,223 --> 00:11:26,566
ED: And you find
everything, right?
258
00:11:26,624 --> 00:11:31,334
Everything. Drugs, liquor,
cook tops, steam irons.
259
00:11:31,395 --> 00:11:33,397
How the hell do they manage
to bring in steam irons?
260
00:11:33,464 --> 00:11:35,068
They manage.
Captain?
261
00:11:35,266 --> 00:11:36,745
Twenty-two so far.
262
00:11:36,801 --> 00:11:38,109
BRISCOE: Twenty-two shanks?
263
00:11:38,169 --> 00:11:40,445
In a variety of sizes
and styles.
264
00:11:41,038 --> 00:11:43,518
We'll bag 'em and tag 'em
and send 'em to the M.E.
265
00:11:47,244 --> 00:11:50,191
ED: The M.E. says that's the murder weapon.
Wiped clean, no prints.
266
00:11:50,414 --> 00:11:53,861
Yeah, it was found in the Central
Punitive Segregation Unit.
267
00:11:53,918 --> 00:11:55,795
Cell of inmate
Daniel M. Kiley.
268
00:11:55,853 --> 00:11:58,732
The only inmate from CPSU
269
00:11:58,789 --> 00:12:00,996
who was in the visit
area, was Alejo.
270
00:12:01,058 --> 00:12:04,096
You know, this shank could've
been passed around a dozen times
271
00:12:04,161 --> 00:12:05,162
since the murder.
272
00:12:05,229 --> 00:12:06,606
We'd like to talk to Kiley.
273
00:12:06,664 --> 00:12:08,007
Be my guest.
274
00:12:09,634 --> 00:12:10,704
I didn't know
the weapon was in there.
275
00:12:10,768 --> 00:12:12,748
Nobody passed it
to you to hide?
276
00:12:14,071 --> 00:12:15,243
Your friend deaf?
277
00:12:16,307 --> 00:12:17,945
How long you been in that cell?
278
00:12:18,009 --> 00:12:19,147
Five weeks.
279
00:12:19,543 --> 00:12:23,958
One hour a day in the yard, the
occasional shower, otherwise in the cell.
280
00:12:24,849 --> 00:12:26,829
They ever double you
up with anybody?
281
00:12:27,385 --> 00:12:28,625
Frequently.
282
00:12:28,686 --> 00:12:32,065
According to the records,
September 17, it was Judd Larson.
283
00:12:32,590 --> 00:12:34,900
Yes. What a dear, sweet man.
284
00:12:35,493 --> 00:12:38,497
I think it's been almost a
year since he killed anyone.
285
00:12:39,597 --> 00:12:43,306
The day Alejo was killed, did
Larson go to the visit room?
286
00:12:43,367 --> 00:12:44,505
Yes, he did.
287
00:12:44,568 --> 00:12:46,445
And no, I don't know
who it was to see,
288
00:12:46,504 --> 00:12:47,778
and no, I didn't ask him.
289
00:12:47,872 --> 00:12:50,113
Did you notice anything
unusual when he got back?
290
00:12:50,174 --> 00:12:51,414
He was bleeding,
291
00:12:52,176 --> 00:12:54,178
not that that's overly unusual.
292
00:12:54,345 --> 00:12:55,346
Bleeding where?
293
00:12:55,413 --> 00:12:56,414
His arm.
294
00:12:56,981 --> 00:12:58,892
Who escorted him
to the visit room?
295
00:13:02,286 --> 00:13:05,096
There wasn't any paperwork because
it was a last-minute visit.
296
00:13:05,156 --> 00:13:06,726
Larson's attorney
called to set it up.
297
00:13:06,791 --> 00:13:08,134
I did the paperwork later.
298
00:13:08,192 --> 00:13:10,536
This is the list you gave us
of the inmates in the hallway,
299
00:13:10,594 --> 00:13:12,164
and there's no
Judd Larson on here.
300
00:13:12,229 --> 00:13:14,766
You said you wanted the gang
members who were there.
301
00:13:14,832 --> 00:13:17,142
Could Judd Larson
have killed Alejo?
302
00:13:17,201 --> 00:13:18,578
I don't see how.
I was with him.
303
00:13:18,636 --> 00:13:20,809
His cell-mate said he had
a cut on his arm.
304
00:13:20,871 --> 00:13:23,078
The infirmary had no record
of it being treated.
305
00:13:23,140 --> 00:13:25,586
I didn't see it, and he
didn't tell me about it.
306
00:13:25,643 --> 00:13:28,214
Well, did you search him before you
took him back to the Segregation Unit?
307
00:13:28,279 --> 00:13:30,589
In a situation like that,
we frisk everybody.
308
00:13:31,582 --> 00:13:33,186
You did frisk him, right, Pete?
309
00:13:33,250 --> 00:13:34,456
I gave him a quick pat down.
310
00:13:34,518 --> 00:13:37,362
I wanted to get him out of
there and back to the CPSU.
311
00:13:37,655 --> 00:13:39,794
Thank you, Officer Bennett.
That'll be all.
312
00:13:41,492 --> 00:13:43,130
What's Larson's story?
313
00:13:43,194 --> 00:13:45,003
He's doin' natural life
at Sing Sing.
314
00:13:45,062 --> 00:13:47,042
Came here to Manhattan
for a court appearance.
315
00:13:47,098 --> 00:13:49,544
Any contact between Larson
and Alejo before the murder?
316
00:13:49,600 --> 00:13:51,341
Not likely.
Alejo was segregated.
317
00:13:51,402 --> 00:13:54,110
Well, how did Larson know that
Alejo would be in the visit area?
318
00:13:54,171 --> 00:13:55,650
Inmate grapevine?
I don't know.
319
00:13:55,706 --> 00:14:00,212
Well, according to this, Larson called
his attorney the day before the murder.
320
00:14:00,578 --> 00:14:04,082
Bennett said the lawyer called at
the last minute to request a visit.
321
00:14:04,148 --> 00:14:05,559
Yeah, Larson called
her to come out.
322
00:14:05,616 --> 00:14:08,358
She called to make the arrangements.
I mean, so what?
323
00:14:08,419 --> 00:14:11,127
So did he really need
to see his lawyer,
324
00:14:11,188 --> 00:14:14,328
or was this some scam to get Larson
in the same room with Alejo?
325
00:14:16,193 --> 00:14:17,866
You'll have to ask Larson.
326
00:14:18,796 --> 00:14:20,605
Larson's in
for killing his wife.
327
00:14:20,698 --> 00:14:22,769
He stabbed her 14 times.
328
00:14:22,833 --> 00:14:26,440
Before that, he did eight years for
stabbing some guy outside a bar.
329
00:14:27,104 --> 00:14:28,947
What's his connection
with Alejo?
330
00:14:29,006 --> 00:14:30,144
The only thing
that we could find
331
00:14:30,207 --> 00:14:32,653
is that they were at Sing Sing
together a couple of years ago.
332
00:14:32,710 --> 00:14:34,587
Yeah, we called up there.
They're checking the records.
333
00:14:34,645 --> 00:14:37,717
Larson's cell-mate at Rikers said
that he had a cut on his arm
334
00:14:37,782 --> 00:14:38,920
when he came back
from the visit area.
335
00:14:39,984 --> 00:14:43,522
The metal bolt that was found at
the scene had blood on it, yes?
336
00:14:43,587 --> 00:14:46,158
We sent it to the lab to see if
the blood type matches Larson's.
337
00:14:46,223 --> 00:14:48,203
Well, you know
what to do if it does.
338
00:14:50,828 --> 00:14:51,829
(SIGHS)
339
00:14:56,167 --> 00:14:58,647
Larson and Alejo were here at
the same time two years ago,
340
00:14:58,702 --> 00:15:01,114
from April 20 to July 8,
341
00:15:01,172 --> 00:15:03,675
when we transferred
Alejo to Attica.
342
00:15:03,741 --> 00:15:05,311
Any incidents between them?
343
00:15:05,743 --> 00:15:08,087
Alejo had incidents
with a lot of people.
344
00:15:08,412 --> 00:15:10,414
ED: When was the one
between him and Larson?
345
00:15:10,481 --> 00:15:11,551
Uh...
346
00:15:13,350 --> 00:15:15,921
"July 7,1998."
347
00:15:16,320 --> 00:15:20,530
"Inmate Alejo claimed inmate Larson
received more than the allotted"
348
00:15:20,591 --> 00:15:22,400
"three waffles at breakfast."
349
00:15:23,994 --> 00:15:26,133
"A fight ensued
in the mess hall."
350
00:15:26,197 --> 00:15:30,145
"Inmate Larson slammed
inmate Alejo into the wall,"
351
00:15:30,201 --> 00:15:32,306
"and informed him
that an upward thrust"
352
00:15:32,369 --> 00:15:34,815
"under the third button from the
top would puncture the heart"
353
00:15:34,872 --> 00:15:36,818
"and cause immediate death."
354
00:15:36,874 --> 00:15:38,217
Larson made shanks?
355
00:15:38,275 --> 00:15:39,845
We've taken, uh,
356
00:15:41,078 --> 00:15:43,615
31 of them off him
over the years.
357
00:15:43,681 --> 00:15:46,218
Take his privileges away,
keep locking him,
358
00:15:46,283 --> 00:15:47,853
nothing makes
a bit of difference.
359
00:15:47,918 --> 00:15:50,694
He ever threaten Alejo
other than that one time?
360
00:15:50,754 --> 00:15:54,133
Never got the chance. The next
day Alejo was shipped out.
361
00:15:55,626 --> 00:15:56,627
(DOOR BUZZING)
362
00:15:59,129 --> 00:16:00,403
Judd Larson?
363
00:16:00,464 --> 00:16:02,273
Since you're outside my cell,
364
00:16:02,333 --> 00:16:04,779
I have to assume you
know what my name is.
365
00:16:04,835 --> 00:16:07,281
And I have to assume
you know why we're here,
366
00:16:07,338 --> 00:16:08,373
so why don't you just stand up
367
00:16:08,439 --> 00:16:10,316
and let's get this
over with, huh?
368
00:16:10,374 --> 00:16:12,513
Where am I being
transported to?
369
00:16:12,676 --> 00:16:14,053
Rikers. All right?
370
00:16:14,111 --> 00:16:16,614
You're under arrest for the
murder of Rafael Alejo.
371
00:16:16,680 --> 00:16:18,785
You like Rikers, right, Larson?
372
00:16:18,849 --> 00:16:20,226
I like it fine.
373
00:16:24,288 --> 00:16:26,529
ARONSON: You can't tie the
weapon to Mr. Larson.
374
00:16:27,024 --> 00:16:28,628
Nobody saw anything.
375
00:16:29,093 --> 00:16:31,767
You've got a hallway full of
people who could've done it.
376
00:16:31,829 --> 00:16:33,502
You'll never even
get an indictment.
377
00:16:33,998 --> 00:16:36,205
You're aware you'll be
facing the death penalty?
378
00:16:37,234 --> 00:16:40,113
Will we be done in time for
lunch in the mess hall,
379
00:16:40,170 --> 00:16:42,514
or will I be provided
with my meal in here?
380
00:16:44,008 --> 00:16:45,043
We'll be done
in plenty of time.
381
00:16:46,243 --> 00:16:47,347
You want to save the state
382
00:16:47,411 --> 00:16:48,856
the time and expense of atrial,
383
00:16:48,913 --> 00:16:50,119
I'll see what I can do for you.
384
00:16:50,180 --> 00:16:51,818
It's not my expense.
385
00:16:54,318 --> 00:16:55,661
And I got nothing but time.
386
00:16:57,421 --> 00:17:00,061
Give it up, Mr. McCoy,
you have no case.
387
00:17:02,559 --> 00:17:05,665
Let's find out how he knew Alejo
would be in the visit room.
388
00:17:06,130 --> 00:17:08,235
An inmate named Soriano
seems to have been
389
00:17:08,299 --> 00:17:09,937
the flashpoint for the trouble.
390
00:17:10,000 --> 00:17:11,570
He says a CO shoved him,
391
00:17:11,635 --> 00:17:13,308
knocking him
into another inmate,
392
00:17:13,370 --> 00:17:15,372
who took offense
and started swinging.
393
00:17:15,439 --> 00:17:16,816
Shoved him deliberately?
394
00:17:16,874 --> 00:17:17,978
So he says.
395
00:17:18,108 --> 00:17:21,248
No reason to lie about that
unless he started it himself.
396
00:17:21,312 --> 00:17:24,919
He's 5'4", 120 pounds.
Why would he start anything?
397
00:17:25,182 --> 00:17:27,685
The disturbance was staged
to cover the crime.
398
00:17:27,751 --> 00:17:29,788
I'd say it's
a distinct possibility.
399
00:17:29,853 --> 00:17:30,923
BY Whom?
400
00:17:31,422 --> 00:17:33,333
The CO who escorted
Larson into the visit room?
401
00:17:33,924 --> 00:17:34,925
Peter Bennett.
402
00:17:35,726 --> 00:17:37,535
You looked
at his personnel file?
403
00:17:38,162 --> 00:17:39,197
Captain Webber wouldn't let me.
404
00:17:39,263 --> 00:17:40,742
He cited confidentiality
of employee records.
405
00:17:41,465 --> 00:17:42,535
Get a subpoena.
406
00:17:45,636 --> 00:17:47,445
GRANICK: This is a fishing
expedition, Your Honor.
407
00:17:47,504 --> 00:17:51,008
Officer Bennett escorted inmate
Larson to the visit room.
408
00:17:51,075 --> 00:17:53,055
There have been allegations
he created the disturbance
409
00:17:53,110 --> 00:17:55,147
that allowed Larson
to get to Alejo.
410
00:17:55,212 --> 00:17:57,055
Allegations made by whom?
411
00:17:57,114 --> 00:17:58,718
An inmate looking to get even.
412
00:17:58,782 --> 00:18:00,489
I'm duty-bound
to investigate
413
00:18:00,551 --> 00:18:02,690
even allegations
made by inmates.
414
00:18:03,153 --> 00:18:05,656
At this point, you have nothing
that links Officer Bennett
415
00:18:05,723 --> 00:18:06,929
to the crime, is that right?
416
00:18:06,991 --> 00:18:09,062
What I have
is purely circumstantial
417
00:18:09,126 --> 00:18:10,730
and a long way from
sufficient to make a case.
418
00:18:11,562 --> 00:18:12,802
Then why are we here?
419
00:18:12,863 --> 00:18:16,003
What I'm looking for is the
ability to further investigate
420
00:18:16,066 --> 00:18:19,513
what may, or may not, have
been Officer Bennett's role.
421
00:18:19,737 --> 00:18:22,445
Well, I see nothing unduly
burdensome in that.
422
00:18:22,940 --> 00:18:25,546
The administration at
Rikers Island is instructed
423
00:18:25,609 --> 00:18:27,054
to turn over
the requested documents
424
00:18:27,111 --> 00:18:29,284
to the District Attorney's
office forthwith.
425
00:18:29,613 --> 00:18:31,456
How long will your clients
need, Mr. Granick?
426
00:18:31,515 --> 00:18:32,687
Seventy-two hours, minimum.
427
00:18:33,317 --> 00:18:35,194
If Rikers is short of clerks,
428
00:18:35,252 --> 00:18:37,391
I can pull the file and
copy it myself, Your Honor.
429
00:18:38,022 --> 00:18:39,763
And we have a solution.
430
00:18:47,798 --> 00:18:48,970
(CLEARING THROAT)
431
00:18:51,101 --> 00:18:53,377
Should I just keep
the originals here?
432
00:18:53,437 --> 00:18:54,643
Sure.
433
00:18:59,677 --> 00:19:00,678
Excuse me.
434
00:19:09,086 --> 00:19:11,157
(CLEARING THROAT)
Thanks for your help.
435
00:19:11,221 --> 00:19:12,461
Anytime.
436
00:19:18,295 --> 00:19:19,296
JACK: Bennett worked
the Segregation Unit
437
00:19:19,363 --> 00:19:21,309
three of the five days
preceding the murder.
438
00:19:22,499 --> 00:19:23,944
So he had the opportunity
to chat with Larson.
439
00:19:24,701 --> 00:19:28,877
An Officer Philip McNaught was assigned
to escort Larson to the visit room.
440
00:19:28,939 --> 00:19:30,077
Bennett replaced him
at the last minute.
441
00:19:30,140 --> 00:19:31,813
At Bennett's request.
442
00:19:32,042 --> 00:19:33,180
Does it say why?
443
00:19:33,243 --> 00:19:34,278
No.
444
00:19:35,512 --> 00:19:37,253
I'm getting a lot
of nasty calls
445
00:19:37,314 --> 00:19:39,157
from the Department
of Corrections.
446
00:19:39,450 --> 00:19:41,930
How sure are we that
an officer's involved?
447
00:19:41,985 --> 00:19:45,728
Well, Larson carried
a shank from the CPSU
448
00:19:45,789 --> 00:19:47,234
to the visit room and back.
449
00:19:47,291 --> 00:19:50,135
Officer Bennett failed
to discover the weapon
450
00:19:50,194 --> 00:19:51,400
either before
or after the murder.
451
00:19:51,462 --> 00:19:54,739
Even though searches were
mandated by the circumstances.
452
00:19:54,798 --> 00:19:57,540
Bennett also failed to
identify Larson to the police
453
00:19:57,601 --> 00:19:59,877
as being one of the
inmates at the scene.
454
00:20:00,304 --> 00:20:03,046
It's arguable,
although not yet provable,
455
00:20:03,807 --> 00:20:05,548
that Bennett started
the disturbance.
456
00:20:05,609 --> 00:20:06,815
What's his motive?
457
00:20:06,877 --> 00:20:08,015
Don't know yet.
458
00:20:08,946 --> 00:20:11,984
We're not getting much cooperation
from the Department of Corrections.
459
00:20:12,049 --> 00:20:14,620
No. They've circled
the wagons.
460
00:20:15,753 --> 00:20:18,597
Well, the DOC's not running its
own little fiefdom over there.
461
00:20:18,655 --> 00:20:21,158
If they won't cooperate, you know,
hit 'em with more subpoenas.
462
00:20:23,360 --> 00:20:25,431
Why would Bennett
want Alejo dead?
463
00:20:25,496 --> 00:20:27,840
I talked to Alejo's
relatives, my Cl,
464
00:20:27,898 --> 00:20:29,070
none of them heard of Bennett.
465
00:20:29,633 --> 00:20:32,113
Bennett had a habit
of switching assignments.
466
00:20:32,169 --> 00:20:35,048
Shifts, days off, holiday time.
467
00:20:35,105 --> 00:20:36,140
ED: So does half
the squad here.
468
00:20:36,206 --> 00:20:37,617
Take a look at
their duty rosters.
469
00:20:38,275 --> 00:20:41,119
Every shift change
for the past year
470
00:20:41,478 --> 00:20:43,480
put him with
an Officer Donahue.
471
00:20:44,181 --> 00:20:45,251
Angela Donahue?
472
00:20:45,916 --> 00:20:46,951
Yeah.
473
00:20:47,017 --> 00:20:48,928
I saw her name
in Alejo's case file.
474
00:20:48,986 --> 00:20:50,727
When she was at Attica,
he raped her.
475
00:20:52,656 --> 00:20:55,262
Okay, we're sure Bennett
and her were involved,
476
00:20:55,325 --> 00:20:58,067
it's not just a coincidence,
him changing his shifts?
477
00:20:58,128 --> 00:20:59,903
Pull Bennett's IUDs
and credit-card data.
478
00:20:59,963 --> 00:21:02,443
BRISCOE: We'll need a subpoena.
I'll get you a subpoena.
479
00:21:04,101 --> 00:21:05,705
Officer Donahue?
Yep.
480
00:21:06,804 --> 00:21:10,047
I'm Abbie Carmichael from the
Manhattan District Attorney's office.
481
00:21:11,108 --> 00:21:12,416
What can I do for you?
482
00:21:13,377 --> 00:21:15,323
We have information
that you and Peter Bennett
483
00:21:15,379 --> 00:21:17,586
are romantically
involved with each other.
484
00:21:18,449 --> 00:21:20,190
That's none of your business.
485
00:21:22,820 --> 00:21:24,925
I'm doing what
I have to do, Officer.
486
00:21:25,589 --> 00:21:26,761
Why?
487
00:21:26,890 --> 00:21:29,370
Because Rafael Alejo
got killed? No.
488
00:21:30,060 --> 00:21:31,869
All you have to do
with this one,
489
00:21:31,929 --> 00:21:34,205
is throw dirt on him
and forget he ever lived.
490
00:21:34,264 --> 00:21:37,677
We know you worked at Attica and
we know what Alejo did to you.
491
00:21:37,935 --> 00:21:39,471
No stone unturned, right?
492
00:21:39,837 --> 00:21:42,909
He had Alejo killed because
of what he did to you.
493
00:21:42,973 --> 00:21:47,513
Look, as far as I know, it was
one inmate stabbing another.
494
00:21:47,578 --> 00:21:48,716
Peter had nothing
to do with it.
495
00:21:50,514 --> 00:21:53,552
If Peter would plead
guilty to a lesser charge,
496
00:21:53,617 --> 00:21:56,928
we'd be open to discussing a
considerable reduction in his sentence.
497
00:21:56,987 --> 00:21:58,694
You want me to
talk him into it?
498
00:21:59,122 --> 00:22:01,898
As of now, he may be charged
with murder for hire.
499
00:22:02,226 --> 00:22:03,967
That carries a possible
death sentence,
500
00:22:04,027 --> 00:22:05,802
at a minimum
25-to-life.
501
00:22:06,029 --> 00:22:07,099
Yeah?
502
00:22:07,831 --> 00:22:09,777
Well, shame on you for that.
503
00:22:14,071 --> 00:22:15,448
Alejo's attack on
Ms. Donahue was brutal,
504
00:22:15,505 --> 00:22:19,214
and it took her a long time to recover
both physically and emotionally.
505
00:22:19,276 --> 00:22:21,256
So Bennett sees himself
as the white knight?
506
00:22:21,311 --> 00:22:23,689
Well, Briscoe and Green
dug up three incidents
507
00:22:23,747 --> 00:22:27,160
where Bennett decked guys
for hitting on Donahue.
508
00:22:27,651 --> 00:22:29,358
Two in a bar,
one at a ball game.
509
00:22:29,887 --> 00:22:32,299
So he had Alejo killed
to avenge her honor.
510
00:22:32,522 --> 00:22:34,593
Can't say it's never
happened before.
511
00:22:34,658 --> 00:22:39,664
And to sell this to a jury, we have
Judd Larson, sociopath and murderer.
512
00:22:39,730 --> 00:22:42,404
Who Bennett knew when they
were both upstate at Attica.
513
00:22:42,933 --> 00:22:44,742
I believe Bennett
set it up, Jack.
514
00:22:45,669 --> 00:22:46,841
Will anyone else?
515
00:22:47,604 --> 00:22:48,776
I don't know.
516
00:22:50,474 --> 00:22:52,920
What does Bennett say?
Bennett's not talking.
517
00:22:54,278 --> 00:22:56,383
Let's see what we can
get out of Larson.
518
00:22:59,316 --> 00:23:03,025
Mr. Larson can't confirm or deny your
suspicions about Officer Bennett.
519
00:23:03,120 --> 00:23:05,828
He doesn't know anything about
who killed Rafael Alejo.
520
00:23:05,889 --> 00:23:07,630
We're way past that,
Ms. Aronson.
521
00:23:07,691 --> 00:23:08,965
ARONSON: We don't think
we're past anything.
522
00:23:09,026 --> 00:23:10,528
We don't think you have a case.
523
00:23:10,594 --> 00:23:12,437
I have a 17-year-old son.
524
00:23:16,433 --> 00:23:18,435
He's incarcerated at Coxsackie.
525
00:23:19,469 --> 00:23:21,005
I'd like him
transferred to Hudson.
526
00:23:21,071 --> 00:23:22,209
Can I have a moment
with my client please?
527
00:23:22,272 --> 00:23:23,717
If he stays where he is,
528
00:23:23,774 --> 00:23:26,254
the same thing that happened
to me'll happen to him.
529
00:23:27,044 --> 00:23:28,648
Arrange for a transfer
and I'll testify.
530
00:23:29,479 --> 00:23:30,514
To what?
531
00:23:30,581 --> 00:23:32,083
ARONSON: Wait a second,
before he says anything,
532
00:23:32,149 --> 00:23:33,890
take the death penalty
off the table.
533
00:23:33,951 --> 00:23:37,330
Since he's already a lifer,
that would be one murder free.
534
00:23:37,454 --> 00:23:39,400
Do what I'm asking with my son.
535
00:23:41,658 --> 00:23:44,036
If I can use what you
tell me, you have a deal.
536
00:23:45,262 --> 00:23:47,833
Bennett told me they'd
go easy on my boy
537
00:23:47,898 --> 00:23:49,707
if I'd fix a problem for him.
538
00:23:50,634 --> 00:23:53,114
What exactly did
Mr. Bennett ask you to do?
539
00:23:53,437 --> 00:23:56,179
What I said.
Fix Alejo.
540
00:24:01,211 --> 00:24:02,315
JUDGE: Next case.
541
00:24:02,379 --> 00:24:04,859
"Indictment number 20561"
542
00:24:04,915 --> 00:24:07,623
People v. Peter Bennett,
murder in the second degree.
543
00:24:17,060 --> 00:24:18,164
Mr. Granick?
544
00:24:18,362 --> 00:24:21,809
Your Honor, it's my understanding
that Correction Officer Bennett
545
00:24:21,865 --> 00:24:24,038
was transported
to the courthouse.
546
00:24:24,101 --> 00:24:27,344
Beyond that, I have no idea
as to his whereabouts.
547
00:24:27,404 --> 00:24:29,782
The defendant is not available
at this time, Your Honor.
548
00:24:29,840 --> 00:24:32,912
We'll come back to him.
Next case.
549
00:24:32,976 --> 00:24:35,252
No defendants
are available, Judge.
550
00:24:36,480 --> 00:24:37,720
Excuse me?
551
00:24:39,249 --> 00:24:41,024
To show solidarity
with Bennett,
552
00:24:41,084 --> 00:24:43,860
the officers at Rikers are
doing everything by the book.
553
00:24:43,920 --> 00:24:46,730
Which means not handing over
prisoners for arraignment
554
00:24:46,790 --> 00:24:49,794
or trial unless all the
paperwork is done perfectly.
555
00:24:51,428 --> 00:24:52,805
How many went through?
556
00:24:53,196 --> 00:24:57,406
Well, Berman had 83 cases on his docket.
He arraigned 10.
557
00:24:59,369 --> 00:25:00,575
It's a one-day action.
558
00:25:00,637 --> 00:25:02,310
What'll they do
if we convict him?
559
00:25:02,372 --> 00:25:04,716
What's the likelihood
of that happening?
560
00:25:04,775 --> 00:25:06,777
Let's see, Larson's
our star witness.
561
00:25:06,843 --> 00:25:08,254
He murdered three people.
562
00:25:08,311 --> 00:25:10,154
And the victim makes Larson
look like Mother Teresa.
563
00:25:11,148 --> 00:25:12,422
Well, what about a plea?
564
00:25:12,482 --> 00:25:13,893
He's not interested.
565
00:25:13,950 --> 00:25:15,554
Why plead when you can walk?
566
00:25:19,823 --> 00:25:22,326
You're romantically
involved with the defendant,
567
00:25:22,392 --> 00:25:24,235
is that not right,
Officer Donahue?
568
00:25:24,695 --> 00:25:25,765
Yes.
569
00:25:25,829 --> 00:25:28,673
Does this relationship
date to when you were both
570
00:25:28,732 --> 00:25:30,575
working at Attica State Prison?
571
00:25:30,634 --> 00:25:31,635
Right.
572
00:25:31,701 --> 00:25:35,239
Which is where you were
raped by Rafael Alejo.
573
00:25:36,306 --> 00:25:37,683
Right again.
574
00:25:38,108 --> 00:25:41,055
What was Officer Bennett's
reaction to your being raped?
575
00:25:41,111 --> 00:25:42,351
What do you think?
576
00:25:43,079 --> 00:25:45,821
You've been qualified as a
hostile witness, Ms. Donahue,
577
00:25:45,882 --> 00:25:48,590
there's no onus on you to
prove that you're hostile.
578
00:25:48,852 --> 00:25:50,331
Please answer the question.
579
00:25:52,289 --> 00:25:53,461
He was upset.
580
00:25:54,624 --> 00:25:58,766
Officer Bennett was transferred
to another facility, immediately
581
00:25:58,829 --> 00:26:00,570
following the incident,
wasn't he?
582
00:26:01,131 --> 00:26:03,873
A few days after what you
call the incident, yes.
583
00:26:03,934 --> 00:26:05,413
COs are transferred
all the time.
584
00:26:06,236 --> 00:26:09,479
Wasn't the reason it happened
in Officer Bennett's case
585
00:26:10,173 --> 00:26:12,153
that the prison authority
586
00:26:12,209 --> 00:26:16,521
was concerned about him taking violent
retribution against Rafael Alejo?
587
00:26:16,580 --> 00:26:18,389
You'd have to ask
the prison authority.
588
00:26:18,982 --> 00:26:21,360
On March 17 of this year,
589
00:26:22,385 --> 00:26:24,831
did the defendant,
in your presence,
590
00:26:24,888 --> 00:26:27,095
in a bar in Pearl River,
591
00:26:27,157 --> 00:26:30,138
attack another man for
asking to buy you a drink?
592
00:26:30,594 --> 00:26:32,164
I was propositioned.
593
00:26:32,362 --> 00:26:34,205
The guy was rude and insulting
594
00:26:34,264 --> 00:26:37,575
and Officer Bennett did what most guys
I know in that situation would do.
595
00:26:37,634 --> 00:26:40,638
Was that also the case
in the stands of a Jets game
596
00:26:40,704 --> 00:26:42,615
and the parking lot
of the Short Hills mall,
597
00:26:42,672 --> 00:26:45,152
both of which times
the police were called
598
00:26:45,208 --> 00:26:47,381
and Officer Bennett
led away in handcuffs?
599
00:26:47,878 --> 00:26:50,358
Officer Bennett felt it
necessary to defend me.
600
00:26:50,881 --> 00:26:53,657
In each case, I feel his
actions were justified.
601
00:26:53,717 --> 00:26:56,288
Are you in love with Officer
Bennett, Officer Donahue?
602
00:26:58,788 --> 00:26:59,823
Yes.
603
00:26:59,890 --> 00:27:02,598
JACK: Is it fair to say that
your answers here today
604
00:27:02,659 --> 00:27:05,435
are calculated to prevent him
from having to go to prison?
605
00:27:05,495 --> 00:27:07,736
My answers are the truth.
606
00:27:09,032 --> 00:27:10,238
Nothing further.
607
00:27:16,973 --> 00:27:19,010
I know this is difficult,
608
00:27:19,175 --> 00:27:22,782
but I'd like you to
describe the circumstances
609
00:27:22,846 --> 00:27:27,795
of your attack and rape at
the hands of Rafael Alejo.
610
00:27:28,151 --> 00:27:29,687
Objection, Your Honor.
611
00:27:29,753 --> 00:27:31,699
That the rape occurred
is a matter of record.
612
00:27:31,755 --> 00:27:33,701
The details of it
are irrelevant
613
00:27:33,757 --> 00:27:35,634
and it can only serve
to prejudice the jury
614
00:27:35,692 --> 00:27:36,727
against the murder victim.
615
00:27:36,793 --> 00:27:41,105
Your Honor, the rape was introduced
into evidence by Mr. McCoy.
616
00:27:41,665 --> 00:27:42,666
The objection's overruled.
617
00:27:45,268 --> 00:27:46,542
Officer Donahue?
618
00:27:50,340 --> 00:27:52,377
Alejo said he had chest pains.
619
00:27:53,543 --> 00:27:56,217
I took him out of his cell
620
00:27:56,680 --> 00:27:58,489
and escorted him
to the infirmary.
621
00:28:00,417 --> 00:28:03,591
We were on a stairwell
and he collapsed.
622
00:28:04,988 --> 00:28:07,468
I thought he was
having a heart attack,
623
00:28:07,824 --> 00:28:10,805
and I leaned down
to check for a pulse.
624
00:28:12,362 --> 00:28:14,000
When I did so, he grabbed me,
625
00:28:14,764 --> 00:28:16,937
he overpowered me and he
got my radio away from me.
626
00:28:18,301 --> 00:28:20,440
Would you describe
what happened next?
627
00:28:25,675 --> 00:28:28,212
He held me down,
628
00:28:30,447 --> 00:28:31,585
he ripped my pants off,
629
00:28:33,116 --> 00:28:36,393
he took my stick
and he raped me with it.
630
00:28:39,022 --> 00:28:40,433
And the whole time,
631
00:28:40,724 --> 00:28:42,761
he had this look
on his face like, uh,
632
00:28:44,027 --> 00:28:45,734
like it was a practical joke.
633
00:28:48,098 --> 00:28:49,236
Like it was nothing.
634
00:28:49,599 --> 00:28:50,942
(WHIMPERING)
635
00:28:52,903 --> 00:28:56,146
Would you describe what
happened in the aftermath?
636
00:28:56,873 --> 00:28:59,149
I went on disability
for six months.
637
00:29:00,677 --> 00:29:02,748
The inmate was
sent to solitary.
638
00:29:03,914 --> 00:29:06,690
He was tried and convicted
of forcible rape.
639
00:29:07,617 --> 00:29:11,394
They added 30 years to a life
sentence with no parole.
640
00:29:11,821 --> 00:29:14,529
Did you ever see the inmate
subsequent to his trial?
641
00:29:15,625 --> 00:29:17,935
I saw him when they brought
him down to Rikers.
642
00:29:17,994 --> 00:29:21,737
And what, if anything, did
he do when he saw you?
643
00:29:22,666 --> 00:29:23,736
He winked.
644
00:29:26,603 --> 00:29:29,447
Did Officer Bennett,
at any time,
645
00:29:29,506 --> 00:29:31,986
express a desire
to kill the inmate?
646
00:29:32,042 --> 00:29:34,318
I was the one who
wanted to kill him.
647
00:29:35,378 --> 00:29:38,154
Officer Bennett wanted me to get
counseling, a different job,
648
00:29:38,214 --> 00:29:41,491
he wanted me to do anything
to put it behind me.
649
00:29:43,286 --> 00:29:44,890
And at night
when he would wake up
650
00:29:44,954 --> 00:29:46,934
and see me
sitting there crying,
651
00:29:47,390 --> 00:29:50,166
he would get up and
he would sit with me
652
00:29:50,226 --> 00:29:51,296
and he would hold me
653
00:29:52,729 --> 00:29:54,538
till I would fall asleep again.
654
00:29:57,634 --> 00:29:59,238
I have no further questions.
655
00:30:02,939 --> 00:30:05,317
JACK: Did you kill
Rafael Alejo?
656
00:30:05,742 --> 00:30:06,743
Yes, I did.
657
00:30:07,043 --> 00:30:08,613
How did you kill him?
658
00:30:08,678 --> 00:30:11,158
I stabbed him in the
chest with a shank.
659
00:30:11,214 --> 00:30:13,091
How did you obtain the shank?
660
00:30:13,383 --> 00:30:16,023
Officer Bennett gave it
to me the night before,
661
00:30:16,086 --> 00:30:17,565
when he asked me to kill Alejo.
662
00:30:18,421 --> 00:30:21,800
Are you in the habit of killing
people because you're asked to?
663
00:30:21,858 --> 00:30:23,132
No, I am not.
664
00:30:23,193 --> 00:30:24,672
Why did you do it this time?
665
00:30:24,728 --> 00:30:26,674
Officer Bennett said
he'd have my son
666
00:30:26,730 --> 00:30:29,267
transferred to the correctional
facility at Hudson,
667
00:30:29,332 --> 00:30:32,836
which I felt was a safer environment
than where he is currently.
668
00:30:32,902 --> 00:30:35,542
Since Alejo was
confined to his cell
669
00:30:36,139 --> 00:30:38,278
in a segregated housing unit,
670
00:30:39,709 --> 00:30:42,280
how were you supposed
to gain access to him?
671
00:30:42,345 --> 00:30:45,622
Alejo would be in a hallway when
he was being transferred to court.
672
00:30:46,249 --> 00:30:50,288
Officer Bennett would take me down the
same hallway and create a diversion.
673
00:30:50,353 --> 00:30:51,889
JACK: Is that,
in fact, what happened?
674
00:30:51,955 --> 00:30:53,059
Yes, it is.
675
00:30:53,690 --> 00:30:55,363
Had it not been
for the defendant,
676
00:30:55,425 --> 00:30:58,770
could you have known that
Alejo was present at Rikers?
677
00:30:58,828 --> 00:30:59,863
No.
678
00:31:00,497 --> 00:31:05,537
Had it not been for what the defendant
agreed to do on behalf of your son,
679
00:31:05,935 --> 00:31:07,846
would you have
killed Mr. Alejo?
680
00:31:07,904 --> 00:31:08,939
No.
681
00:31:10,073 --> 00:31:11,347
Nothing further.
682
00:31:14,010 --> 00:31:16,820
You and Rafael Alejo were
imprisoned at Sing Sing
683
00:31:16,880 --> 00:31:18,484
at the same time, were you not?
684
00:31:19,015 --> 00:31:20,085
Yes.
685
00:31:20,150 --> 00:31:22,323
Isn't it a fact that
during that time,
686
00:31:22,385 --> 00:31:25,798
you had an altercation with
Alejo and threatened his life?
687
00:31:25,855 --> 00:31:26,856
Yes.
688
00:31:26,923 --> 00:31:30,370
And when you got out of solitary,
was Alejo still at Sing Sing?
689
00:31:30,426 --> 00:31:31,530
No.
690
00:31:31,594 --> 00:31:34,302
So, Rikers island was
your first opportunity
691
00:31:34,364 --> 00:31:36,241
to make good on your
threat, wasn't it?
692
00:31:36,800 --> 00:31:40,077
I wasn't looking for an opportunity
to make good on my threat.
693
00:31:42,071 --> 00:31:44,779
Why were you incarcerated
at Sing Sing, Mr. Larson?
694
00:31:44,841 --> 00:31:46,411
Objection. Irrelevant.
695
00:31:46,476 --> 00:31:48,353
I think the jury
is entitled to know
696
00:31:48,411 --> 00:31:50,413
the background of the
witness, Your Honor.
697
00:31:50,480 --> 00:31:51,823
I'll allow it.
698
00:31:54,250 --> 00:31:55,729
I killed my wife.
699
00:31:55,785 --> 00:31:56,991
How'd you do that?
700
00:31:57,754 --> 00:31:58,858
I stabbed her.
701
00:31:59,522 --> 00:32:03,937
And on the very same day that
you stabbed Mr. Alejo to death,
702
00:32:03,993 --> 00:32:06,303
you also stabbed an
undercover police officer
703
00:32:06,429 --> 00:32:09,171
named Hector Diaz,
isn't that right?
704
00:32:09,365 --> 00:32:11,709
He got between
myself and Alejo.
705
00:32:11,768 --> 00:32:13,270
It was unavoidable.
706
00:32:13,336 --> 00:32:15,873
So it wasn't per
Mr. Bennett's request?
707
00:32:16,339 --> 00:32:17,409
No.
708
00:32:17,740 --> 00:32:19,276
You threw in a freebie.
709
00:32:19,342 --> 00:32:21,322
JACK: Objection.
JUDGE: Sustained.
710
00:32:21,811 --> 00:32:23,381
I have no further questions.
711
00:32:24,080 --> 00:32:25,457
Redirect, Your Honor.
712
00:32:26,316 --> 00:32:30,594
Did you tell Officer Bennett that
you had had a prior altercation
713
00:32:30,653 --> 00:32:31,791
with Rafael Alejo?
714
00:32:31,855 --> 00:32:32,890
He knew.
715
00:32:32,956 --> 00:32:34,458
He said if, for some
reason I got caught,
716
00:32:34,524 --> 00:32:36,265
it would look like
a beef between inmates.
717
00:32:36,326 --> 00:32:39,273
Did he give you any assurances
in the event that occurred?
718
00:32:39,462 --> 00:32:41,908
He said he'd stick me
in the arm with a shank,
719
00:32:41,965 --> 00:32:45,003
then plant it on Alejo to make
it look like self-defense.
720
00:32:45,435 --> 00:32:46,573
Is that, in fact, what he did?
721
00:32:46,803 --> 00:32:48,077
Yes, it is.
722
00:32:55,712 --> 00:32:58,591
You wouldn't last
one shift at Rikers.
723
00:32:59,182 --> 00:33:00,217
No one's saying we would.
724
00:33:00,283 --> 00:33:04,231
Forget a shift. I'd like to see
you make it through lunch.
725
00:33:04,554 --> 00:33:06,864
Take one tier of prisoners
down to the mess hall
726
00:33:06,923 --> 00:33:09,426
and get them back into their
cells without getting stabbed
727
00:33:09,492 --> 00:33:11,438
or having a riot start.
728
00:33:12,028 --> 00:33:15,100
This probably isn't a conversation
we should be having here.
729
00:33:17,267 --> 00:33:19,645
And when I hear some
prissy son of a bitch
730
00:33:19,702 --> 00:33:23,411
stand in judgment about what
we should and should not do,
731
00:33:23,473 --> 00:33:25,646
it makes me want to
put him in a cell
732
00:33:25,708 --> 00:33:29,485
with one of my 250-pound
CPSU all-stars.
733
00:33:30,113 --> 00:33:34,994
I'd go home, have a hot meal,
get a good night's sleep,
734
00:33:36,085 --> 00:33:37,564
and come back in the morning
735
00:33:37,921 --> 00:33:39,457
to watch them mop.
736
00:33:44,060 --> 00:33:45,630
I'll take the next one.
737
00:33:51,634 --> 00:33:54,513
GRANICK: What kind of an officer
is Pete Bennett, Captain Webber?
738
00:33:54,704 --> 00:33:56,684
The kind you want to
have work for you.
739
00:33:56,739 --> 00:33:58,047
He keeps his cool,
740
00:33:58,374 --> 00:34:01,821
knows how to assert his
authority, dead-on dependable.
741
00:34:02,212 --> 00:34:06,251
Have you ever known Officer
Bennett to pit one inmate
742
00:34:06,316 --> 00:34:10,355
against one another or use one
inmate to take revenge on another?
743
00:34:10,420 --> 00:34:11,694
Objection. Leading.
744
00:34:11,754 --> 00:34:12,858
JUDGE: Sustained.
745
00:34:14,490 --> 00:34:18,996
A commendation was issued to
Officer Bennett, on March 4, 1999.
746
00:34:19,062 --> 00:34:21,269
Could you tell the court
what that was for?
747
00:34:21,798 --> 00:34:24,870
We had a disturbance
in mod four, upper.
748
00:34:25,335 --> 00:34:27,747
And Pete, Officer Bennett,
749
00:34:28,237 --> 00:34:29,978
risked his life
to rescue an inmate
750
00:34:30,039 --> 00:34:31,814
who was being attacked
by gang members.
751
00:34:32,475 --> 00:34:34,921
Thank you, sir.
No further questions.
752
00:34:35,044 --> 00:34:38,685
Captain Webber, you and several
other corrections officers
753
00:34:38,748 --> 00:34:42,059
have testified that
Mr. Bennett was a dedicated,
754
00:34:42,118 --> 00:34:44,792
conscientious,
competent officer.
755
00:34:44,854 --> 00:34:45,855
That's right.
756
00:34:45,922 --> 00:34:49,495
Yet, his personnel file shows
27 complaints against him,
757
00:34:49,559 --> 00:34:51,800
none of which he was
ever disciplined for.
758
00:34:51,861 --> 00:34:55,104
Making complaints is what
inmates do, Mr. McCoy.
759
00:34:55,732 --> 00:34:58,008
It's their recreation.
760
00:34:58,401 --> 00:35:01,245
And by the way, 27 is nothin'.
761
00:35:02,905 --> 00:35:05,784
On July 7 of this year,
was Officer Bennett involved
762
00:35:05,842 --> 00:35:08,220
in an incident with an
inmate named Caldwell?
763
00:35:08,278 --> 00:35:10,884
Yeah. He pulled Caldwell
off another inmate.
764
00:35:10,947 --> 00:35:13,985
Did Officer Bennett strike
Caldwell with his baton?
765
00:35:14,050 --> 00:35:17,054
Whatever he did was not
considered excessive.
766
00:35:17,120 --> 00:35:18,599
People's four, Your Honor.
767
00:35:19,522 --> 00:35:23,402
How long was inmate Caldwell in the
infirmary following this incident?
768
00:35:24,127 --> 00:35:25,333
Two weeks.
769
00:35:27,230 --> 00:35:28,607
Nothing further.
770
00:35:29,899 --> 00:35:33,108
GRANICK: Officer Bennett, why did
you become a corrections officer?
771
00:35:34,404 --> 00:35:37,078
I'd like to say I had some
noble purpose in mind.
772
00:35:37,874 --> 00:35:39,012
What it was,
773
00:35:39,642 --> 00:35:41,679
I was just out of the military
774
00:35:41,744 --> 00:35:43,724
and lookin' for a secure job.
775
00:35:43,780 --> 00:35:45,817
And the Department
of Corrections was hiring.
776
00:35:45,882 --> 00:35:47,327
That's how you got in.
777
00:35:47,383 --> 00:35:48,657
What made you stay there?
778
00:35:48,718 --> 00:35:50,026
I got to like it.
779
00:35:50,853 --> 00:35:52,662
I got to thinking that, uh,
780
00:35:52,722 --> 00:35:55,794
decent people deserve a
barrier between themselves
781
00:35:55,858 --> 00:35:57,337
and the criminals
who prey on them.
782
00:35:57,393 --> 00:35:59,464
I liked that I was
part of that barrier.
783
00:35:59,529 --> 00:36:00,974
Have you ever struck an inmate?
784
00:36:01,030 --> 00:36:03,032
Yes, sir.
When I've been attacked,
785
00:36:03,099 --> 00:36:06,137
or another officer or
inmate has been attacked,
786
00:36:06,202 --> 00:36:07,203
I've had to respond.
787
00:36:07,270 --> 00:36:09,250
Sometimes that meant
responding with force.
788
00:36:10,640 --> 00:36:13,553
Now, quite a bit has been made
789
00:36:13,910 --> 00:36:19,189
of your reaction to Mr. Alejo's
rape of Officer Donahue.
790
00:36:19,415 --> 00:36:21,725
Maybe you could tell us
how you felt about that.
791
00:36:25,154 --> 00:36:27,225
It's hard to put
into words what I felt.
792
00:36:29,125 --> 00:36:31,002
To see someone you love
793
00:36:32,261 --> 00:36:33,740
have her life changed,
794
00:36:35,131 --> 00:36:37,202
and not because of
anything she did,
795
00:36:37,267 --> 00:36:39,304
but because of something
that was done to her.
796
00:36:39,902 --> 00:36:43,645
And for no reason other than this
guy just felt like doing it.
797
00:36:44,707 --> 00:36:47,415
Have you ever thought
of killing Rafael Alejo?
798
00:36:47,477 --> 00:36:48,683
Of course I did.
799
00:36:49,178 --> 00:36:51,556
Anyone close to a rape victim
would like nothing better
800
00:36:51,614 --> 00:36:53,252
than to get their
hands on the rapist.
801
00:36:53,449 --> 00:36:56,726
Well, you were working at Attica
while he was still a prisoner there,
802
00:36:56,786 --> 00:36:58,197
why didn't you kill him there?
803
00:36:58,254 --> 00:37:01,724
I wouldn't have wanted to
jeopardize my job, my pension.
804
00:37:02,525 --> 00:37:03,799
I didn't want to go to jail.
805
00:37:03,860 --> 00:37:06,306
And even if I could've gotten
away with it, I wouldn't have.
806
00:37:06,362 --> 00:37:08,035
I've been around
a lot of killers.
807
00:37:08,097 --> 00:37:10,338
It's just not something I could
ever bring myself to do.
808
00:37:10,733 --> 00:37:13,805
Did you ask Judd Larson
to kill Rafael Alejo?
809
00:37:13,870 --> 00:37:14,905
I did not.
810
00:37:14,971 --> 00:37:16,644
Did you give him a weapon?
I did not.
811
00:37:16,706 --> 00:37:18,151
Did you create a diversion,
812
00:37:18,207 --> 00:37:20,813
so that he'd have an opportunity
to kill Rafael Alejo?
813
00:37:20,877 --> 00:37:22,049
I did not.
814
00:37:22,111 --> 00:37:23,852
Thank you, Officer Bennett.
815
00:37:30,153 --> 00:37:34,602
Did you have any conversation with
Judd Larson while he was at Rikers?
816
00:37:34,657 --> 00:37:36,295
BENNETT: We talked
about the Mets.
817
00:37:36,793 --> 00:37:39,501
He complained about having to
share a cell, that was about it.
818
00:37:39,562 --> 00:37:42,634
Larson didn't tell you about
his concern for his son?
819
00:37:42,965 --> 00:37:43,966
No.
820
00:37:44,033 --> 00:37:46,343
The name Rafael Alejo
never came up?
821
00:37:46,402 --> 00:37:47,403
Did not.
822
00:37:47,470 --> 00:37:51,646
You did escort Mr. Larson
from the segregation unit
823
00:37:51,707 --> 00:37:53,209
to the visit room, did you not?
824
00:37:53,276 --> 00:37:54,277
Yes, I did.
825
00:37:54,344 --> 00:37:58,019
No doubt you searched him before
you left the segregation unit.
826
00:37:58,281 --> 00:37:59,282
I did.
827
00:37:59,348 --> 00:38:02,352
And obviously you did
not recover any weapon.
828
00:38:02,418 --> 00:38:03,590
Right.
829
00:38:04,854 --> 00:38:06,527
How do you imagine
830
00:38:07,156 --> 00:38:09,466
Larson managed to
have a weapon on him
831
00:38:09,525 --> 00:38:11,596
by the time he ran into Alejo?
832
00:38:11,961 --> 00:38:13,941
My guess is someone
passed it to him.
833
00:38:13,996 --> 00:38:16,033
You didn't see someone
pass it to him?
834
00:38:16,099 --> 00:38:17,976
If I did, I would've
done something about it.
835
00:38:18,034 --> 00:38:22,210
Nor did you recover any weapon
from him after the fact.
836
00:38:22,271 --> 00:38:24,148
As I told my supervisor,
837
00:38:24,207 --> 00:38:25,914
I patted Mr. Larson down.
838
00:38:25,975 --> 00:38:27,545
I did not strip search him.
839
00:38:27,877 --> 00:38:29,652
At the time, I thought
it was more important
840
00:38:29,712 --> 00:38:32,420
to get him out of the area
and locked down in his cell.
841
00:38:32,682 --> 00:38:34,457
So, Mr. Larson was lying.
842
00:38:34,517 --> 00:38:36,793
Yeah. Yeah, he is.
843
00:38:36,853 --> 00:38:40,596
And the testimony that we heard
about you creating a diversion
844
00:38:40,656 --> 00:38:43,637
that allowed Larson to get
to Alejo, that was a lie.
845
00:38:43,693 --> 00:38:44,694
Yes, it was.
846
00:38:44,761 --> 00:38:49,073
You requested to escort Larson,
did you not, Officer Bennett?
847
00:38:49,132 --> 00:38:50,873
I wouldn't call it a request.
848
00:38:51,768 --> 00:38:55,409
Officer McNaught was busy with something
and I offered to take care of it.
849
00:38:55,471 --> 00:38:57,951
That kind of thing happens
a dozen times a day.
850
00:38:58,007 --> 00:38:59,714
You still seeing
Officer Donahue?
851
00:39:00,276 --> 00:39:01,516
Yes, I am.
852
00:39:01,577 --> 00:39:03,056
Any plans for the future?
853
00:39:03,112 --> 00:39:04,318
Objection. Irrelevant.
854
00:39:04,380 --> 00:39:05,586
JUDGE: I'll allow it.
855
00:39:06,315 --> 00:39:09,262
As soon as our divorces are
final, we plan to get married.
856
00:39:10,386 --> 00:39:12,662
Would you say that
her being raped
857
00:39:12,722 --> 00:39:15,259
has taken atoll
on your relationship?
858
00:39:15,324 --> 00:39:17,429
Officer Donahue
was dealing with it.
859
00:39:17,493 --> 00:39:19,803
I'd like to think that I was
helping her to deal with it.
860
00:39:19,862 --> 00:39:22,706
This is the rest of your
lives we're talking about.
861
00:39:23,266 --> 00:39:26,611
You and Officer Donahue retire,
862
00:39:26,669 --> 00:39:30,139
you put the stink
of prisons behind you,
863
00:39:30,506 --> 00:39:34,147
didn't you want to put Rafael
Alejo behind you as well?
864
00:39:34,210 --> 00:39:35,985
Yes! Of course I did!
865
00:39:38,281 --> 00:39:39,316
(SIGHS)
866
00:39:40,049 --> 00:39:43,258
For 17 years I've been
locked up with these mutts!
867
00:39:43,319 --> 00:39:45,094
After 17 years,
868
00:39:45,154 --> 00:39:49,830
wasn't it worth the life of one
of them to get a little closure?
869
00:39:49,892 --> 00:39:52,634
To not have to wake up
in the middle of the night
870
00:39:52,695 --> 00:39:55,369
and see the woman you
love sitting up crying?
871
00:39:55,431 --> 00:39:56,432
Your Honor, this...
872
00:40:04,307 --> 00:40:05,786
I believe it's wrong
873
00:40:06,175 --> 00:40:08,678
to take the life of
another human being, sir.
874
00:40:08,744 --> 00:40:12,715
I wouldn't do that
under any circumstances.
875
00:40:14,717 --> 00:40:15,889
JACK: The evidence
means nothing.
876
00:40:16,686 --> 00:40:18,290
The jury'll ignore everything
877
00:40:18,354 --> 00:40:20,129
and just compare
Bennett to Alejo.
878
00:40:20,790 --> 00:40:22,463
Guess who comes up short.
879
00:40:23,225 --> 00:40:25,796
Well, I could say that
the jury is duty-bound
880
00:40:25,862 --> 00:40:27,500
not to ignore everything.
881
00:40:28,264 --> 00:40:29,607
Yeah, you could.
882
00:40:31,467 --> 00:40:32,844
I think we're whipped.
883
00:40:37,807 --> 00:40:39,377
GRANICK: Here's what we
have, ladies and gentlemen.
884
00:40:40,076 --> 00:40:42,113
On one side, Peter Bennett,
885
00:40:42,678 --> 00:40:46,148
a dedicated and experienced
corrections officer,
886
00:40:46,582 --> 00:40:48,994
a man who has spent his career
887
00:40:49,051 --> 00:40:50,928
safeguarding you
and your families
888
00:40:50,987 --> 00:40:53,433
from the worst
society has to offer.
889
00:40:54,257 --> 00:40:55,736
On the other side,
890
00:40:56,325 --> 00:40:59,898
Judd Larson,
one of the very worst.
891
00:41:00,262 --> 00:41:03,675
A man who murdered his wife
by stabbing her to death,
892
00:41:03,733 --> 00:41:06,907
murdered a man in a bar fight
by stabbing him to death
893
00:41:06,969 --> 00:41:11,782
and murdered Rafael Alejo by
stabbing him to death as well.
894
00:41:12,174 --> 00:41:15,280
This convicted murderer
has said that he never
895
00:41:15,344 --> 00:41:17,324
would have killed
his latest victim
896
00:41:17,647 --> 00:41:19,854
had not Officer Bennett
asked him to.
897
00:41:22,251 --> 00:41:25,391
Now, if you have
the slightest notion
898
00:41:25,454 --> 00:41:28,458
that the good Mr. Larson
might be telling the truth,
899
00:41:28,524 --> 00:41:30,197
remind yourselves
900
00:41:30,259 --> 00:41:33,206
that his testimony
is bought and paid for,
901
00:41:33,262 --> 00:41:35,139
compliments of
the District Attorney,
902
00:41:35,197 --> 00:41:37,541
with a sweetheart plea bargain
903
00:41:37,600 --> 00:41:41,207
and a transfer for
Mr. Larson's convict son.
904
00:41:42,004 --> 00:41:43,415
Now, who are you gonna believe?
905
00:41:44,006 --> 00:41:46,714
Because if you strip Judd
Larson from the People's case,
906
00:41:46,776 --> 00:41:48,221
they've got nothing.
907
00:41:48,778 --> 00:41:51,088
Maybe you should
dock Officer Bennett
908
00:41:51,147 --> 00:41:56,153
a couple of vacation days for
shortcutting regulation procedures,
909
00:41:56,218 --> 00:41:58,755
because that's all that
the prosecution has proven.
910
00:41:58,921 --> 00:42:00,229
My recommendation?
911
00:42:01,090 --> 00:42:03,127
Send him back to his job
912
00:42:03,192 --> 00:42:04,728
and put a medal on his chest.
913
00:42:06,028 --> 00:42:07,029
Thank you.
914
00:42:19,675 --> 00:42:23,213
I'm not gonna stand here
and defend Judd Larson,
915
00:42:24,280 --> 00:42:26,157
or for that matter,
Rafael Alejo.
916
00:42:27,716 --> 00:42:29,855
If the character
of either one of them
917
00:42:29,919 --> 00:42:31,557
is what you base
your verdict on,
918
00:42:31,620 --> 00:42:33,293
we've all been wasting
our time here.
919
00:42:33,656 --> 00:42:36,865
We should have,
as Mr. Granick suggested,
920
00:42:37,093 --> 00:42:40,097
pinned a medal on the defendant
and called it a day.
921
00:42:40,162 --> 00:42:42,642
The problem is, if we do that,
922
00:42:43,499 --> 00:42:45,137
we're not doing our job.
923
00:42:45,801 --> 00:42:48,748
We're disregarding our oath
because it's easy.
924
00:42:48,804 --> 00:42:53,014
Because it's hard to punish
someone who's avenging a rape,
925
00:42:53,075 --> 00:42:56,454
even though this
was not a crime
926
00:42:56,712 --> 00:42:58,658
committed in the heat
of passion,
927
00:42:59,315 --> 00:43:02,125
but planned
and calculated over time.
928
00:43:02,385 --> 00:43:05,491
Even though it's our job
929
00:43:06,222 --> 00:43:11,467
to make the punishment fit the crime
and not the nature of the victim.
930
00:43:12,928 --> 00:43:16,137
When I say Judd Larson
should be believed,
931
00:43:17,400 --> 00:43:19,710
it's not because
he's a good guy.
932
00:43:20,002 --> 00:43:24,451
It's because his testimony is
corroborated by every shred of evidence
933
00:43:24,507 --> 00:43:25,747
we've presented here.
934
00:43:25,875 --> 00:43:29,789
Just as it's corroborated by
what every one of you knows.
935
00:43:30,546 --> 00:43:35,222
The defendant wanted
Rafael Alejo dead.
936
00:43:37,019 --> 00:43:40,125
Mr. Granick suggests
Mr. Alejo's life
937
00:43:40,556 --> 00:43:42,297
is not worth caring about,
938
00:43:42,658 --> 00:43:45,764
let alone sending
someone to prison over,
939
00:43:46,495 --> 00:43:47,667
but he's wrong.
940
00:43:48,631 --> 00:43:55,310
If you allow the rule of law to
stop at the wall of a prison,
941
00:43:55,871 --> 00:43:58,010
you've allowed it
to stop everywhere.
942
00:43:59,108 --> 00:44:01,952
The streets of New York
will be no better
943
00:44:02,511 --> 00:44:04,320
than the cell blocks of Rikers.
944
00:44:11,020 --> 00:44:13,626
Madam Foreperson, has the
jury reached a verdict?
945
00:44:13,689 --> 00:44:17,398
Yes, Your Honor. As to the
sole count of the indictment,
946
00:44:17,460 --> 00:44:21,067
the jury finds the defendant,
Peter Bennett, not guilty.
947
00:44:21,130 --> 00:44:22,473
(PEOPLE CHEERING)
948
00:44:23,365 --> 00:44:24,435
Yes!
949
00:44:27,269 --> 00:44:28,509
(PEOPLE CHATTERING)
950
00:44:38,681 --> 00:44:40,183
People v. Bennett?
951
00:44:40,516 --> 00:44:43,122
All packed up and headed
for central files.
952
00:44:43,185 --> 00:44:45,290
File it under
jury nullification.
953
00:44:45,988 --> 00:44:47,558
Texas law in Manhattan.
954
00:44:47,623 --> 00:44:49,159
They tried the victim.
955
00:44:49,725 --> 00:44:52,137
And made a badge
for license to kill.
956
00:44:52,187 --> 00:44:56,737
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