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NARRATOR:
In the criminal justice system
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00:00:03,153 --> 00:00:07,033
the people are represented by two
separate yet equally important groups,
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00:00:07,090 --> 00:00:08,933
the police
who investigate crime
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00:00:08,992 --> 00:00:11,768
and the district attorneys
who prosecute the offenders.
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00:00:11,828 --> 00:00:13,603
These are their stories.
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00:00:14,898 --> 00:00:16,571
You talk to Mr. M
about the fridge?
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00:00:16,633 --> 00:00:18,840
He says we can take it
when we're through today.
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00:00:18,902 --> 00:00:21,610
Freddie's cousin's coming
with his truck later.
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00:00:21,671 --> 00:00:22,877
What about the AC?
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00:00:22,939 --> 00:00:24,043
It's staying.
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00:00:24,107 --> 00:00:25,518
Yeah, that figures.
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00:00:25,575 --> 00:00:28,181
Yeah, it probably
doesn't work anyway.
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00:00:30,280 --> 00:00:33,261
Oh, my God. Eddie!
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00:00:36,853 --> 00:00:38,560
CSU OFFICER:
Asian male, late 40s.
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00:00:38,622 --> 00:00:40,192
Multiple blows
to the face and head.
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00:00:40,257 --> 00:00:43,466
Multiple blows? The back
of his head's crushed in.
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00:00:43,527 --> 00:00:44,801
How long's he been dead?
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00:00:44,861 --> 00:00:47,205
Rough guess, since last
night, but it's hard to tell.
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00:00:47,264 --> 00:00:48,572
It rained yesterday.
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00:00:48,632 --> 00:00:49,975
Body's been
sitting in a puddle.
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00:00:50,033 --> 00:00:51,376
Any ID?
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00:00:51,435 --> 00:00:54,439
Just 30, 40 bucks cash.
Small change.
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00:00:54,504 --> 00:00:56,347
And two soggy
restaurant receipts.
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00:00:56,406 --> 00:00:58,215
Writing's smudged
from the water.
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00:00:58,275 --> 00:01:02,121
Let me see. Looks like Chinese.
Maybe that's his bike.
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00:01:02,512 --> 00:01:03,513
Who lives here?
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00:01:03,580 --> 00:01:04,684
It's vacant.
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00:01:04,748 --> 00:01:07,285
Guys that discovered
him were the painters.
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00:01:07,350 --> 00:01:09,125
And he was found covered
like this with the blanket?
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00:01:09,186 --> 00:01:10,756
Same blanket fibers
were on the door frame,
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00:01:10,821 --> 00:01:12,027
and there's some blood spatter.
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00:01:12,089 --> 00:01:13,966
He was done here.
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00:01:14,024 --> 00:01:18,370
All right, round up the super or the handyman,
whatever, and close all of this off.
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00:01:18,428 --> 00:01:21,034
Now, why would a guy make a
delivery to an empty apartment?
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00:01:21,098 --> 00:01:22,771
Maybe he got
dragged down there.
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00:01:22,833 --> 00:01:24,335
Or pushed down.
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00:01:24,401 --> 00:01:26,904
I want you to check with all
the local Chinese take-outs.
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00:01:26,970 --> 00:01:28,847
See if we can find out
who this guy was.
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00:01:28,905 --> 00:01:30,578
ED: Hey, Lennie.
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00:01:30,640 --> 00:01:33,985
He must've been locking up and got
jumped before he could finish.
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00:01:34,044 --> 00:01:36,024
Well, he's finished now.
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00:02:27,864 --> 00:02:30,708
We were married over 20 years.
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00:02:32,035 --> 00:02:34,447
Owned the restaurant almost 10.
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00:02:34,504 --> 00:02:36,074
I'm very sorry,
Mrs. Ngai.
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00:02:36,139 --> 00:02:37,709
We'll try and keep this short.
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00:02:37,774 --> 00:02:38,775
Thank you.
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00:02:38,842 --> 00:02:41,789
We do have a few questions,
if you don't mind.
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00:02:43,079 --> 00:02:45,650
You didn't report your
husband missing last night?
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00:02:45,715 --> 00:02:48,161
I thought he was sleeping here.
50
00:02:48,218 --> 00:02:49,697
Has he done that before?
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00:02:49,753 --> 00:02:51,027
Many times.
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00:02:51,488 --> 00:02:54,094
On Saturday, we open early.
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00:02:54,624 --> 00:02:57,935
I don't like him to drive
home so late by himself.
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00:02:58,728 --> 00:03:01,800
By himself.
So you'd left already?
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00:03:01,865 --> 00:03:04,471
We were slow.
It was raining.
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00:03:06,202 --> 00:03:07,272
My husband sent me home.
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00:03:07,704 --> 00:03:09,479
What time was that?
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00:03:09,539 --> 00:03:10,711
10:00.
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00:03:11,141 --> 00:03:13,143
Who else was here after that?
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00:03:13,210 --> 00:03:15,451
Oh, Jenny, my niece.
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00:03:15,946 --> 00:03:18,984
She takes the orders.
Works the register.
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00:03:21,551 --> 00:03:25,761
When you left, was that the last
time you spoke to your husband?
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00:03:27,057 --> 00:03:32,405
He called about 11:00
to make sure I got home okay.
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00:03:33,230 --> 00:03:34,868
Why didn't he go with you?
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00:03:34,931 --> 00:03:38,845
My husband worked 15 hours
a day, seven days a week.
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00:03:41,605 --> 00:03:43,642
Tommy never liked to close.
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00:03:45,575 --> 00:03:47,020
Thanks, Mrs. Ngai.
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00:03:47,077 --> 00:03:50,024
My uncle sent me
home around 11:30.
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00:03:50,080 --> 00:03:52,526
This probably
came in after I left.
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00:03:52,749 --> 00:03:55,025
Uncle Tommy must have
taken the orders himself.
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00:03:55,085 --> 00:03:56,962
Well, what about some other
record of the addresses?
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00:03:57,020 --> 00:03:59,899
I always write them down on the
ticket and on the receipt.
73
00:04:01,658 --> 00:04:03,660
But there's nothing here.
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00:04:04,394 --> 00:04:06,635
Unis canvassed the building and
the two buildings adjacent.
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00:04:06,696 --> 00:04:08,937
Two people ordered Chinese, but
from different restaurants.
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00:04:08,999 --> 00:04:10,376
Both of 'em got their food.
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00:04:10,433 --> 00:04:11,571
So where was he going?
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00:04:11,635 --> 00:04:14,309
Well, we think it's a little
coincidental that the vic gets killed
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00:04:14,371 --> 00:04:17,113
below street level in front of an
apartment that nobody lives in.
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00:04:17,173 --> 00:04:20,017
Well, if that's true, the perp had
to know the apartment was vacant.
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00:04:20,076 --> 00:04:21,384
And had access to a phone.
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00:04:21,444 --> 00:04:24,050
Which doesn't mean he
actually lives in that area.
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00:04:24,114 --> 00:04:28,187
Now, preliminary forensics on the blanket
looks like the contents of a sewer.
84
00:04:28,251 --> 00:04:29,252
A homeless guy.
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00:04:29,319 --> 00:04:32,960
Well, the area in front of that door
might have made a nice little shelter.
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00:04:33,023 --> 00:04:35,503
All right, pull the IUDs
from any payphones nearby,
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00:04:35,558 --> 00:04:36,969
and let's talk to
the tenants again.
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00:04:37,027 --> 00:04:40,133
See if anyone saw someone
hanging out last night.
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00:04:41,865 --> 00:04:42,900
Last night, no.
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00:04:42,966 --> 00:04:45,344
But there's a guy who sleeps
down there sometimes.
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00:04:45,402 --> 00:04:47,882
I see him every once in a while
on my way to work in the morning.
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00:04:47,937 --> 00:04:49,109
How long has that been?
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00:04:49,172 --> 00:04:51,516
Off and on, I'd say
a couple of months.
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00:04:51,574 --> 00:04:53,019
Did you get a good look at him?
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00:04:53,076 --> 00:04:54,214
(SCOFFS) I never look.
96
00:04:54,277 --> 00:04:56,450
I mean, who wants
to make eye contact?
97
00:04:56,513 --> 00:04:59,551
But I hear the tenant that used to
live there had trouble with him.
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00:04:59,616 --> 00:05:00,617
You know this tenant?
99
00:05:00,684 --> 00:05:02,288
No. Young kid.
100
00:05:02,352 --> 00:05:04,923
Nice enough. Quiet.
Lived with his girlfriend.
101
00:05:05,255 --> 00:05:07,132
Any idea where they moved to?
No.
102
00:05:07,190 --> 00:05:08,692
I'm sure the landlord
can tell you.
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00:05:08,758 --> 00:05:09,759
Thanks.
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00:05:10,226 --> 00:05:12,172
Doorman makes all the
difference, you know.
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00:05:12,228 --> 00:05:13,536
I couldn't even
get packages before.
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00:05:13,596 --> 00:05:14,700
Had to go to the post office.
107
00:05:14,764 --> 00:05:16,300
What about this homeless guy?
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00:05:16,366 --> 00:05:18,039
Late 50s, I think.
White guy.
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00:05:18,101 --> 00:05:20,445
We'd open the door to go to
work and he'd just be there.
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00:05:20,503 --> 00:05:21,538
ED: So you moved out?
Mmm-hmm.
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00:05:21,604 --> 00:05:22,810
We called the police
a couple of times.
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00:05:22,872 --> 00:05:23,942
They even got him
to leave once.
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00:05:24,007 --> 00:05:26,146
But a few days later he came
back, and he was pissed.
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00:05:26,209 --> 00:05:28,189
He threatened you?
Just yelled a lot
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00:05:28,244 --> 00:05:29,985
and went on about how he
had fought for my freedom,
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00:05:30,046 --> 00:05:31,719
and now I don't even let
him sleep in my doorway.
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00:05:31,781 --> 00:05:33,124
EMILY: It sort of
freaked me out.
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00:05:33,183 --> 00:05:35,026
We started looking for
another place right away.
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00:05:35,085 --> 00:05:37,326
Sounds like we lucked out, huh?
120
00:05:41,524 --> 00:05:44,266
We took 42 smudges. Twelve
usable prints off the frame,
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00:05:44,327 --> 00:05:46,671
22 off the door, three
show up with sheets.
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00:05:46,730 --> 00:05:47,765
Felonies.
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00:05:47,831 --> 00:05:50,903
We got a witness who says our guy
might have been in the armed forces.
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00:05:50,967 --> 00:05:55,347
Yeah, so I ran the prints through
the defense department's database.
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00:05:55,405 --> 00:05:56,941
Your witness was right.
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00:05:57,006 --> 00:05:58,815
"Marvin Warner, Sergeant.
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00:05:59,075 --> 00:06:01,351
"Honorably discharged, May
'76." (CELL PHONE RINGING)
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00:06:01,411 --> 00:06:03,413
Two misdemeanor
loitering charges.
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00:06:03,480 --> 00:06:04,857
Sounds like our guy.
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00:06:04,914 --> 00:06:06,086
Green.
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00:06:06,983 --> 00:06:10,260
We're gonna need the photo
from his last arrest.
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00:06:11,488 --> 00:06:13,331
I'll get you a printout.
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00:06:13,390 --> 00:06:15,336
Okay. Okay,
thank you.
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00:06:15,392 --> 00:06:17,065
Lennie, that was Mrs. Ngai.
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00:06:17,127 --> 00:06:19,607
She said somebody called the restaurant
on Friday about an order placed.
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00:06:19,662 --> 00:06:22,905
He never got his food, and he wanted to
make sure the girl that took the order
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00:06:22,966 --> 00:06:25,344
didn't charge his credit card.
138
00:06:25,402 --> 00:06:26,904
Thanks.
Thanks.
139
00:06:28,338 --> 00:06:30,614
ED: You told me
you left at 11:30.
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00:06:30,673 --> 00:06:32,050
I did.
This man's wrong.
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00:06:32,108 --> 00:06:34,213
He said you took his
credit card number.
142
00:06:34,277 --> 00:06:38,089
Which means we're gonna get a validation
from the credit card company and the time.
143
00:06:38,715 --> 00:06:42,026
So, if there's something you
know, you should tell us.
144
00:06:42,852 --> 00:06:46,766
I'm sorry. It's my fault
Uncle Tommy got killed.
145
00:06:47,657 --> 00:06:49,034
Uh, what do you mean?
146
00:06:49,092 --> 00:06:50,799
I'm supposed to take
call-back numbers
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00:06:50,860 --> 00:06:52,533
to make sure that
the orders are real.
148
00:06:52,595 --> 00:06:55,269
But it was late.
I forgot.
149
00:06:55,331 --> 00:06:57,311
How could you have known?
150
00:06:57,600 --> 00:07:00,046
You told me that you write the
addresses down on the tickets.
151
00:07:00,103 --> 00:07:02,242
I put them in my coat pocket.
152
00:07:05,742 --> 00:07:07,221
I'm so sorry.
153
00:07:11,214 --> 00:07:15,754
"631 East 12th. 110 East 2nd
Street, basement apartment."
154
00:07:17,220 --> 00:07:20,895
So whoever called in the order
definitely knew about the apartment.
155
00:07:20,957 --> 00:07:22,630
Which doesn't eliminate
the homeless guy.
156
00:07:22,692 --> 00:07:25,798
Yeah, but we got zip on the
IUDs from the payphones,
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00:07:25,862 --> 00:07:28,308
and the addresses from
his priors are bogus.
158
00:07:28,364 --> 00:07:30,344
So what are we doing
to find this guy?
159
00:07:30,400 --> 00:07:33,006
We got unis checking the parks
and the shelters in the area.
160
00:07:33,069 --> 00:07:35,515
And his arrest photo's
circulating the neighborhood.
161
00:07:35,572 --> 00:07:36,949
Well, he's a veteran, right?
162
00:07:37,006 --> 00:07:39,486
How about we check
the VA hospital?
163
00:07:39,542 --> 00:07:41,579
ED: I'll check their
outpatient lists.
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00:07:46,216 --> 00:07:47,217
Yes?
165
00:07:47,283 --> 00:07:48,591
New York City police, ma'am.
166
00:07:48,651 --> 00:07:50,130
Is there a Marvin
Warner living here?
167
00:07:50,186 --> 00:07:51,460
(BARKING)
168
00:07:55,458 --> 00:07:58,871
Marvin's my brother
but he doesn't live here.
169
00:08:00,196 --> 00:08:02,335
(SIGHS) Is he in
some sort of trouble?
170
00:08:02,398 --> 00:08:04,173
Well, we think he just
might be able to help us
171
00:08:04,234 --> 00:08:05,804
with an investigation
we're conducting.
172
00:08:05,869 --> 00:08:07,314
An investigation about what?
173
00:08:07,370 --> 00:08:09,748
We just need to ask him
some questions, ma'am.
174
00:08:10,673 --> 00:08:12,744
I don't know where he is.
Nobody's looking to hurt him.
175
00:08:12,809 --> 00:08:14,880
Yeah, well, how do I know that?
176
00:08:14,944 --> 00:08:16,389
(EXHALES)
177
00:08:16,446 --> 00:08:18,619
My brother has had
a difficult life.
178
00:08:18,681 --> 00:08:20,126
Ma'am, I was in
the service, too.
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00:08:20,183 --> 00:08:22,891
I know the transition
back can be very hard.
180
00:08:22,952 --> 00:08:26,126
But please, let us talk to him
before he really does get hurt.
181
00:08:30,126 --> 00:08:31,901
If he's in the city,
182
00:08:32,295 --> 00:08:36,266
he likes to panhandle at a
bodega on 9th and Avenue A.
183
00:08:37,367 --> 00:08:40,940
When our mother died a year
ago, that's where I found him.
184
00:08:41,571 --> 00:08:45,212
Guy works 15 hours a day, winds
up in a puddle in the rain.
185
00:08:45,275 --> 00:08:47,050
Hmm. He left his
mark, though.
186
00:08:47,110 --> 00:08:49,818
Three kids. Business that
supports two families.
187
00:08:49,879 --> 00:08:52,052
Hey, check it out. Here
comes Sergeant Slaughter.
188
00:08:52,115 --> 00:08:53,253
(CAR DOOR OPENS)
189
00:08:58,421 --> 00:08:59,923
Marvin Warner?
190
00:09:00,557 --> 00:09:03,003
They must be from
the prize patrol.
191
00:09:03,059 --> 00:09:04,333
Ed, tell him what he's won.
192
00:09:04,394 --> 00:09:06,499
You've just won a fabulous
time-share upstate.
193
00:09:06,563 --> 00:09:07,803
Come on.
194
00:09:09,299 --> 00:09:12,337
I didn't rob anyone
and I didn't kill anyone.
195
00:09:12,402 --> 00:09:13,676
BRISCOE: Well, we got
a witness who says
196
00:09:13,736 --> 00:09:16,376
you're a pretty
belligerent guy, Marvin.
197
00:09:16,439 --> 00:09:17,440
What witness?
198
00:09:17,507 --> 00:09:19,578
The tenant who used to live
in the basement apartment.
199
00:09:19,642 --> 00:09:22,646
Oh, the dot-com kid?
Piece of crap.
200
00:09:22,712 --> 00:09:24,350
Him and the girl.
201
00:09:24,914 --> 00:09:27,656
How does it hurt them, me trying
to stay out of the weather?
202
00:09:27,717 --> 00:09:29,424
There's shelters for that.
203
00:09:29,485 --> 00:09:31,158
I'm not an animal.
204
00:09:31,921 --> 00:09:35,562
I served my country.
I deserve better than that.
205
00:09:35,625 --> 00:09:38,538
Yeah? And what
about Mr. Ngai?
206
00:09:39,329 --> 00:09:40,501
Didn't he deserve better?
207
00:09:40,563 --> 00:09:42,668
I told you, I don't know
what you're talking about.
208
00:09:42,732 --> 00:09:45,508
Your blanket was wrapped
around his head.
209
00:09:45,802 --> 00:09:48,442
You must've been pretty hungry
to trade a nice warm blanket
210
00:09:48,504 --> 00:09:50,074
for some cold Chinese food.
211
00:09:50,139 --> 00:09:52,483
You want to know
about my blanket?
212
00:09:52,542 --> 00:09:54,852
Well, how about you
just ask those kids?
213
00:09:54,911 --> 00:09:56,413
ED: What kids?
214
00:09:56,879 --> 00:09:59,723
The kids that kicked
me off of the landing.
215
00:10:00,316 --> 00:10:03,422
I was hanging out there,
same as usual,
216
00:10:03,486 --> 00:10:05,898
and these punks come by.
217
00:10:06,222 --> 00:10:07,394
How many?
218
00:10:07,457 --> 00:10:08,527
Four or five.
219
00:10:08,591 --> 00:10:10,764
Just tell me to take a walk.
220
00:10:10,827 --> 00:10:13,205
I put up a pretty
good fight, too.
221
00:10:13,263 --> 00:10:15,743
Only it was four against one.
222
00:10:16,366 --> 00:10:18,710
They wouldn't even
let me keep my blanket.
223
00:10:18,768 --> 00:10:19,838
What time was this?
224
00:10:20,436 --> 00:10:23,007
Well, I don't know,
but it was still raining.
225
00:10:23,072 --> 00:10:24,244
What'd these kids look like?
226
00:10:24,941 --> 00:10:27,478
Kids. Just, you know,
regular kids.
227
00:10:27,543 --> 00:10:32,185
It was a girl and four guys.
Yeah, teenagers.
228
00:10:33,182 --> 00:10:34,889
Had you seen them there before?
229
00:10:35,251 --> 00:10:36,286
No.
230
00:10:37,620 --> 00:10:41,693
But the little bitch they had with
'em, she had a key to the place.
231
00:10:45,695 --> 00:10:47,504
So we're buying Warner's story?
232
00:10:47,563 --> 00:10:50,772
We got a lady on the first floor thought
she heard some arguing earlier that night.
233
00:10:50,833 --> 00:10:52,471
Which makes Warner's
timing right.
234
00:10:52,535 --> 00:10:54,173
What do we have on these kids?
235
00:10:54,237 --> 00:10:55,978
BRISCOE: Just a neighbor
from the canvass.
236
00:10:56,039 --> 00:10:58,417
Says he saw a bunch of kids
getting into a blue car
237
00:10:58,474 --> 00:10:59,976
while he was walking his dog.
238
00:11:00,043 --> 00:11:03,217
No make, no plates. That
was around 12:30 a.m.
239
00:11:03,279 --> 00:11:04,622
What is this, a thrill killing?
240
00:11:04,681 --> 00:11:06,456
ED: Well, it doesn't
look like an accident.
241
00:11:06,516 --> 00:11:08,621
Well, how did they know
about the apartment?
242
00:11:09,018 --> 00:11:10,929
How did they get a key?
243
00:11:11,888 --> 00:11:14,266
Look, I haven't been down
here since Friday morning.
244
00:11:14,323 --> 00:11:18,169
I'm supposed to have the place
painted Saturday, and then this.
245
00:11:18,594 --> 00:11:22,406
I can promise you, none of this
stuff was here Friday morning.
246
00:11:25,001 --> 00:11:26,503
Hwa Ying restaurant.
247
00:11:26,569 --> 00:11:27,775
Who else has keys?
248
00:11:28,104 --> 00:11:30,414
Landlord, me, and I gave
a key to the tile guy.
249
00:11:30,473 --> 00:11:31,474
ED: Tile guy?
250
00:11:31,541 --> 00:11:32,679
Yeah, we're trying
to raise the rent.
251
00:11:33,276 --> 00:11:34,380
And when was he here?
252
00:11:34,444 --> 00:11:35,650
Friday afternoon.
253
00:11:35,712 --> 00:11:37,953
I gave him the key and told him
to lock up when he was done.
254
00:11:38,014 --> 00:11:39,049
ED: Did he return it?
255
00:11:39,115 --> 00:11:40,617
Yeah, it was in
my box Friday night.
256
00:11:40,683 --> 00:11:42,060
It's the one
I gave the painters.
257
00:11:42,118 --> 00:11:44,029
Who is this tile guy?
258
00:11:44,087 --> 00:11:46,192
I got his card in my office.
259
00:11:47,423 --> 00:11:50,165
Meantime, nobody comes
in or out of here.
260
00:11:51,894 --> 00:11:52,964
I left at 7:00.
261
00:11:53,029 --> 00:11:54,440
Anyone confirm that?
262
00:11:54,497 --> 00:11:56,067
My wife.
I was home by 8:00.
263
00:11:56,132 --> 00:11:57,611
You give the key to anybody?
264
00:11:57,667 --> 00:11:59,578
No. I put it
in the box.
265
00:12:03,473 --> 00:12:05,680
Kid came by, though,
just as I was leaving.
266
00:12:05,742 --> 00:12:07,085
Yeah? What did he want?
267
00:12:07,143 --> 00:12:11,853
Looking for someone. Think he said
Mitch, Mike, something like that.
268
00:12:12,582 --> 00:12:15,586
Said he was a friend of the
guy who used to live there.
269
00:12:16,119 --> 00:12:18,497
We haven't been back to the apartment
since the end of the month.
270
00:12:18,554 --> 00:12:20,864
So you don't know anything about
this kid that came by Friday evening
271
00:12:20,923 --> 00:12:22,527
saying he knew you?
Absolutely not.
272
00:12:22,592 --> 00:12:24,265
What about Mitch or Mike?
273
00:12:24,327 --> 00:12:25,738
You know anybody
by those names?
274
00:12:25,795 --> 00:12:26,967
Mitch?
275
00:12:27,263 --> 00:12:28,435
You sure he said Mitch?
276
00:12:28,498 --> 00:12:29,943
ED: Who is Mitch?
Heather's boyfriend?
277
00:12:29,999 --> 00:12:32,138
You want to fill us in here?
278
00:12:32,201 --> 00:12:33,908
Well, the weekend we were
supposed to move out,
279
00:12:33,970 --> 00:12:35,881
this place wasn't ready yet,
so we went to a hotel.
280
00:12:35,938 --> 00:12:36,939
I had everything packed.
281
00:12:37,006 --> 00:12:39,145
I told my sister she can use
the apartment for the weekend.
282
00:12:39,208 --> 00:12:40,448
With her boyfriend.
283
00:12:40,510 --> 00:12:42,012
Mitch. KEVIN: I gave
Heather the key.
284
00:12:42,078 --> 00:12:43,989
Told her to leave it with the
super after the movers were done.
285
00:12:44,046 --> 00:12:45,320
Maybe that was a mistake.
286
00:12:45,381 --> 00:12:46,485
She's going to
college next year.
287
00:12:46,549 --> 00:12:48,153
I think she's capable
of handing in a set of keys.
288
00:12:48,217 --> 00:12:50,197
Let's talk about it later, okay?
Honey, please.
289
00:12:50,620 --> 00:12:52,930
I did give the keys back I
left them in the super's box.
290
00:12:52,989 --> 00:12:54,900
He never got them.
Well, then I don't know.
291
00:12:54,957 --> 00:12:57,335
Hey, somebody stopped by that
apartment on Friday night
292
00:12:57,393 --> 00:12:58,463
saying he was
looking for Mitch.
293
00:12:58,528 --> 00:12:59,529
So?
294
00:12:59,595 --> 00:13:03,338
So you're saying somebody looking for
your boyfriend was just a coincidence?
295
00:13:03,666 --> 00:13:07,273
You two didn't kind of like extend
your stay, did you, Heather?
296
00:13:07,336 --> 00:13:08,679
Where were you Friday night?
297
00:13:08,738 --> 00:13:10,740
Some clubs in the city.
With Mitch?
298
00:13:10,807 --> 00:13:12,218
Chris Donnels, some others.
299
00:13:12,275 --> 00:13:14,152
All right, we're gonna need
their names and addresses.
300
00:13:14,210 --> 00:13:17,885
My mother and father knew where I was
the whole night You can ask them.
301
00:13:19,048 --> 00:13:22,621
I paged her around 11:00.
She called me right back.
302
00:13:22,685 --> 00:13:25,461
We gave her her own cell phone
so we could keep track of her.
303
00:13:25,521 --> 00:13:28,525
Just because she called doesn't mean
she wasn't getting into trouble.
304
00:13:28,591 --> 00:13:31,834
She was home by 2:00. I was up.
I saw her come in.
305
00:13:31,894 --> 00:13:33,874
ED: What about between
11:30 and 12:30?
306
00:13:33,930 --> 00:13:34,931
Why?
307
00:13:34,997 --> 00:13:37,170
ED: We have witnesses
that may have seen Heather
308
00:13:37,233 --> 00:13:39,042
at your son's old apartment
on Friday night.
309
00:13:39,101 --> 00:13:40,409
MRS. RUSSO: Kevin's apartment?
310
00:13:40,469 --> 00:13:41,470
Mmm-hmm.
311
00:13:41,537 --> 00:13:42,914
MR. RUSSO: May have
seen her do what?
312
00:13:42,972 --> 00:13:45,384
Why should you be at
Kevin's old apartment?
313
00:13:45,441 --> 00:13:47,148
May have seen her do what?
314
00:13:47,210 --> 00:13:48,587
We're trying to sort that out.
315
00:13:48,644 --> 00:13:50,851
Somebody also came by
looking for Mitch.
316
00:13:51,514 --> 00:13:52,925
Mitch Regan?
317
00:13:53,483 --> 00:13:55,224
If they were looking
for Mitch Regan,
318
00:13:55,284 --> 00:13:58,493
maybe you should be talking
to him and not our daughter.
319
00:13:59,522 --> 00:14:02,401
Look, Mitch is working right now
at the store with his father.
320
00:14:02,458 --> 00:14:04,597
Can't this wait? Well,
when do you expect him?
321
00:14:04,660 --> 00:14:07,231
I still don't understand why
you want to talk to him.
322
00:14:07,296 --> 00:14:08,775
I mean, was he in an
accident or something?
323
00:14:08,831 --> 00:14:10,742
We just want to
look in the car, ma'am.
324
00:14:10,800 --> 00:14:13,144
We can call in a warrant, but then
we're going to have to take the car.
325
00:14:13,202 --> 00:14:15,648
Oh, no, no, no.
Don't take the car.
326
00:14:22,545 --> 00:14:24,718
Do you know where your son was
Friday night, Mrs. Regan?
327
00:14:24,780 --> 00:14:26,817
Please, what is this about?
328
00:14:28,684 --> 00:14:30,721
Look, he's a good kid.
329
00:14:30,786 --> 00:14:33,528
I mean, if you're looking for drugs or
something, you're not gonna find it.
330
00:14:35,324 --> 00:14:37,361
What is it?
What did you find?
331
00:14:37,426 --> 00:14:39,303
Looks like a snow pea.
332
00:14:40,062 --> 00:14:42,440
I was at a club. I didn't go
anywhere near that apartment.
333
00:14:42,498 --> 00:14:44,671
Then why'd this kid come
looking for you there?
334
00:14:44,734 --> 00:14:46,213
I don't know.
335
00:14:46,402 --> 00:14:50,680
Hey, look, maybe the last couple of
weekends I was there with Heather.
336
00:14:50,740 --> 00:14:52,344
Chris probably just
got the night wrong.
337
00:14:52,408 --> 00:14:53,443
Chris?
338
00:14:53,509 --> 00:14:54,510
You mean Chris Donnels?
339
00:14:54,577 --> 00:14:56,454
How'd you know we were
talking about him?
340
00:14:57,079 --> 00:14:58,524
You remember the homeless guy?
341
00:14:58,581 --> 00:14:59,582
I don't know.
342
00:14:59,649 --> 00:15:00,684
BRISCOE: Oh, sure you do.
343
00:15:00,750 --> 00:15:02,525
We got a witness who said
you and your little buddies
344
00:15:02,585 --> 00:15:03,893
roughed him up that night, too.
345
00:15:05,154 --> 00:15:07,065
Maybe you remember his blanket.
346
00:15:07,123 --> 00:15:08,625
I don't know anything
about this.
347
00:15:08,691 --> 00:15:10,534
That ain't gonna
fly no more, Mitch.
348
00:15:10,593 --> 00:15:14,063
We found Chinese food
in your Mustang, Mitch.
349
00:15:14,130 --> 00:15:17,976
The lab is working on every article
of clothing you own right now.
350
00:15:18,034 --> 00:15:20,241
We're gonna check out
every phone call you made.
351
00:15:20,303 --> 00:15:21,941
You think we're not gonna
find out what happened?
352
00:15:22,004 --> 00:15:24,883
And when we do, who do you
think's gonna do the time?
353
00:15:24,941 --> 00:15:26,352
Huh? Heather?
354
00:15:27,209 --> 00:15:29,211
Look, it wasn't me, okay?
355
00:15:29,612 --> 00:15:30,784
I wasn't the one that hit him.
356
00:15:30,846 --> 00:15:31,847
Then who did?
357
00:15:34,917 --> 00:15:36,919
We didn't have enough money
to pay for the food.
358
00:15:36,986 --> 00:15:38,522
ED: Who's "we"?
359
00:15:39,288 --> 00:15:41,325
Me, Heather,
360
00:15:43,459 --> 00:15:46,565
Peter Franco, Chris
Donnels and Nick Simms.
361
00:15:48,097 --> 00:15:50,304
Look, the Chinese guy
got upset.
362
00:15:50,366 --> 00:15:52,277
There was some shoving.
363
00:15:53,970 --> 00:15:55,005
Pete hit him.
364
00:15:56,272 --> 00:15:57,751
Peter Franco.
365
00:15:58,407 --> 00:16:01,149
I told him to stop,
but it was too late.
366
00:16:01,210 --> 00:16:03,019
But he didn't mean
to kill the guy.
367
00:16:03,079 --> 00:16:04,990
What about the blanket?
368
00:16:05,381 --> 00:16:07,918
I put it over him
afterwards, out of respect.
369
00:16:09,018 --> 00:16:12,227
Look, I swear, that's all I did.
I wasn't involved.
370
00:16:20,329 --> 00:16:22,741
This kid was more
than just there.
371
00:16:22,798 --> 00:16:25,972
Lied through his teeth until he
found out you had the goods on him.
372
00:16:26,035 --> 00:16:27,605
I think we got our doer.
373
00:16:27,670 --> 00:16:30,514
The kid played too many angles
before he finally came clean.
374
00:16:30,573 --> 00:16:33,144
Even then, he had the presence
of mind to blame someone else.
375
00:16:33,209 --> 00:16:35,416
Hey, what are friends for?
376
00:16:35,478 --> 00:16:36,513
Charge him with murder.
377
00:16:36,579 --> 00:16:40,186
A person doesn't lose the back of his
skull unless his killer intends him to.
378
00:16:40,249 --> 00:16:41,250
BRISCOE: What about
the girlfriend?
379
00:16:41,317 --> 00:16:42,557
IUDs from her cell phone.
380
00:16:42,618 --> 00:16:44,598
11:40 call to restaurant.
381
00:16:44,887 --> 00:16:47,493
Which means we can place
them all at the scene.
382
00:16:47,556 --> 00:16:49,763
Pick 'em up. We'll see
how it shakes out.
383
00:16:53,095 --> 00:16:54,096
Is your daughter here?
384
00:16:54,163 --> 00:16:55,403
She's eating dinner.
385
00:16:55,464 --> 00:16:57,808
We have a warrant
for her arrest.
386
00:17:00,536 --> 00:17:01,947
What the hell's going on?
387
00:17:02,004 --> 00:17:04,211
Heather Russo, you're
under arrest for murder.
388
00:17:04,273 --> 00:17:05,547
She's not going
anywhere with you.
389
00:17:05,608 --> 00:17:07,246
Don't make this any
harder than it has to be.
390
00:17:07,309 --> 00:17:08,515
Bob, don't, please.
391
00:17:08,577 --> 00:17:10,454
On your feet, Heather.
392
00:17:11,981 --> 00:17:13,324
I'm sorry.
393
00:17:13,382 --> 00:17:14,725
You have the right
to remain silent.
394
00:17:14,784 --> 00:17:16,491
Anything you do say,
can and will be used
395
00:17:16,552 --> 00:17:18,156
against you in a court of law.
396
00:17:20,923 --> 00:17:22,994
"Docket ending 316 of 2,000."
397
00:17:23,059 --> 00:17:26,233
"People against Peter Franco,
Chris Donnels, Nick Simms,"
398
00:17:26,295 --> 00:17:27,831
"Heather Russo
and Mitch Regan."
399
00:17:27,897 --> 00:17:29,843
I'll hear you as to the
facts, Ms. Carmichael.
400
00:17:29,899 --> 00:17:32,505
Your Honor, the victim in
this case, Thomas Ngai,
401
00:17:32,568 --> 00:17:34,309
was the owner of
a Chinese restaurant.
402
00:17:34,370 --> 00:17:36,680
Late Friday night, while making
a delivery to an apartment
403
00:17:36,739 --> 00:17:39,379
previously leased by the
defendant Russo's brother,
404
00:17:39,442 --> 00:17:42,685
he was savagely attacked, robbed
and killed by the defendants.
405
00:17:42,745 --> 00:17:43,746
What was taken?
406
00:17:43,813 --> 00:17:45,190
CARMICHAEL: Apparently just
the food they ordered.
407
00:17:45,247 --> 00:17:46,920
I didn't do anything.
I didn't...
408
00:17:46,982 --> 00:17:50,122
Counselor, I suggest you tell
your client to shut his mouth.
409
00:17:50,720 --> 00:17:52,063
What about the girl?
What'd she do?
410
00:17:52,121 --> 00:17:53,532
CARMICHAEL: We believe
her to be the individual
411
00:17:53,589 --> 00:17:55,967
who placed the order to the
restaurant from her cell phone,
412
00:17:56,025 --> 00:17:57,834
luring the victim
to the apartment.
413
00:17:57,893 --> 00:17:59,497
Your Honor, because murder
in the First Degree
414
00:17:59,562 --> 00:18:02,839
requires a defendant to be 18 years
or older at the time of the crime,
415
00:18:02,898 --> 00:18:06,368
the defendant Regan is the only one
before you charged with a capital crime.
416
00:18:06,435 --> 00:18:08,915
However, the People are requesting
remand as to each defendant.
417
00:18:08,971 --> 00:18:12,111
These are still teenagers, Your Honor.
First arrests for each.
418
00:18:12,174 --> 00:18:14,586
CARMICHAEL: Defendant Regan has
a juvenile record for assault.
419
00:18:14,643 --> 00:18:16,122
Those records are
sealed, Your Honor.
420
00:18:16,178 --> 00:18:19,955
And the People will be making an application
to unseal right after this arraignment.
421
00:18:20,015 --> 00:18:22,996
First arrests or not, they're
certainly starting off at the top.
422
00:18:23,052 --> 00:18:26,864
Your Honor... I'm not going to
try this case here, Counselor.
423
00:18:26,922 --> 00:18:28,868
Defendant Regan is remanded.
424
00:18:28,924 --> 00:18:34,033
Bail is set at $250,000 as to
Franco, Donnels, Simms and Russo.
425
00:18:34,096 --> 00:18:35,166
This is outrageous.
426
00:18:35,231 --> 00:18:37,541
Yes, Counselor,
it certainly is.
427
00:18:41,670 --> 00:18:43,479
Let the games begin.
428
00:18:46,308 --> 00:18:48,083
Motions for severance.
429
00:18:48,144 --> 00:18:50,283
Like rats off a sinking ship.
430
00:18:51,080 --> 00:18:53,686
Donnels and Franco
claim Regan did it.
431
00:18:55,084 --> 00:18:57,394
Regan points the finger
back at them.
432
00:18:57,453 --> 00:19:01,458
And Heather Russo is waiting to see
which way the wind is blowing.
433
00:19:01,891 --> 00:19:03,802
Which leaves Mr. Simms.
434
00:19:06,362 --> 00:19:08,501
At this point, he's not
prepared to make any statement.
435
00:19:08,564 --> 00:19:13,035
I'm not looking for a statement,
Counselor, I'm looking for cooperation.
436
00:19:13,102 --> 00:19:16,709
If I don't get it from him, you can
bet I'll get it from someone else.
437
00:19:16,772 --> 00:19:18,911
So far, no one's
pointed a finger at you.
438
00:19:18,974 --> 00:19:22,581
Once they do, you become just
another member of the pack.
439
00:19:23,913 --> 00:19:25,483
What are you offering?
440
00:19:25,981 --> 00:19:27,722
A top and a bottom.
441
00:19:28,884 --> 00:19:30,659
If he was involved in
any way in the murder,
442
00:19:30,719 --> 00:19:33,165
man one and he
serves five-to-15.
443
00:19:34,023 --> 00:19:37,470
If he was just there,
six months and probation.
444
00:19:37,760 --> 00:19:39,364
Six months just
for being there?
445
00:19:39,428 --> 00:19:41,704
No one walks
on this, Counselor.
446
00:19:41,764 --> 00:19:45,473
A man lost his life.
A woman lost her husband.
447
00:19:46,001 --> 00:19:48,641
Three small children
lost their father.
448
00:19:49,271 --> 00:19:52,218
I'm giving him this one
chance to tell me why.
449
00:20:00,950 --> 00:20:02,827
It wasn't supposed
to be like that.
450
00:20:02,885 --> 00:20:05,195
CARMICHAEL:
You mean like murder?
451
00:20:05,254 --> 00:20:07,757
We just went into the city to
have a good time, you know?
452
00:20:07,823 --> 00:20:10,394
Killing a man's a strange
way of having a good time.
453
00:20:12,461 --> 00:20:17,069
We were at the apartment, drinking some
beers, smoking, and just hanging out.
454
00:20:17,132 --> 00:20:21,342
And I think it was Pete, Peter
Franco, who said he was hungry,
455
00:20:21,737 --> 00:20:23,739
but no one had any money.
456
00:20:23,939 --> 00:20:28,217
So Mitch said we should call some
Chinese place and order some food.
457
00:20:28,544 --> 00:20:29,852
How were you going to pay?
458
00:20:29,912 --> 00:20:33,621
SIMMS: We weren't. We were gonna
just take off with the food.
459
00:20:33,682 --> 00:20:35,286
So you were gonna rob him?
460
00:20:36,919 --> 00:20:38,557
When the guy showed up,
Pete and Chris
461
00:20:38,621 --> 00:20:42,865
threw this old blanket over him that
we'd taken off some homeless guy.
462
00:20:44,226 --> 00:20:46,604
And then they
knocked him downstairs.
463
00:20:46,662 --> 00:20:47,868
Where were you
when this happened?
464
00:20:47,930 --> 00:20:50,536
With Mitch, just
inside the apartment.
465
00:20:52,568 --> 00:20:54,445
When he fell, the guy
tried to get up,
466
00:20:54,503 --> 00:20:57,609
but Mitch wrestled
him to the ground
467
00:20:58,173 --> 00:21:04,454
and then Pete and Chris and Mitch
they were all hitting him.
468
00:21:07,516 --> 00:21:09,621
And finally, he stayed down.
469
00:21:11,220 --> 00:21:12,927
Only he wasn't dead yet.
470
00:21:12,988 --> 00:21:15,491
The forensic report indicates
471
00:21:15,557 --> 00:21:20,438
a considerable period of time passed before
another single blow smashed his skull.
472
00:21:20,729 --> 00:21:21,935
Probably minutes.
473
00:21:21,997 --> 00:21:23,374
LEWIN: What forensics?
474
00:21:23,432 --> 00:21:25,105
He threw up under the blanket.
475
00:21:25,167 --> 00:21:28,546
Simms said they could hear him
moaning, pleading for his life.
476
00:21:28,604 --> 00:21:29,878
Dear God.
477
00:21:29,939 --> 00:21:32,681
That's when Mitch Regan said
that Ngai had seen their faces,
478
00:21:32,741 --> 00:21:35,745
and that if they didn't want to go
to jail they'd have to kill him.
479
00:21:35,811 --> 00:21:38,655
While they argued about that,
Ngai started retching.
480
00:21:39,481 --> 00:21:43,452
Apparently that wasn't enough for Regan.
He wasn't about to wait.
481
00:21:43,953 --> 00:21:46,229
He picked up a piece of
cement from the staircase
482
00:21:46,288 --> 00:21:48,290
and smashed
Ngai's head with it.
483
00:21:48,357 --> 00:21:52,271
Then they all got in his car and drove
back to Queens as if nothing had happened.
484
00:21:53,963 --> 00:21:56,307
We have to consider the
death penalty for Regan.
485
00:21:56,799 --> 00:22:00,372
What? Wait a minute.
Wait a minute.
486
00:22:00,836 --> 00:22:05,342
It was Regan who suggested the robbery.
Regan who incited murder.
487
00:22:06,075 --> 00:22:07,952
And when no one else
would go along with him,
488
00:22:08,010 --> 00:22:10,752
it was Regan who
finished the job himself.
489
00:22:11,146 --> 00:22:13,820
Have you looked at his date of birth?
He's barely 18.
490
00:22:14,249 --> 00:22:18,129
He made Simms drive so he could
eat the food he'd ordered.
491
00:22:18,621 --> 00:22:21,363
He also has a prior
assault as a juvenile.
492
00:22:22,324 --> 00:22:24,827
It happened two months
prior to his 16th birthday.
493
00:22:24,893 --> 00:22:27,737
JACK: Otherwise, he'd be a
violent predicate felon.
494
00:22:27,796 --> 00:22:31,175
The child he attacked was
left blind in his right eye.
495
00:22:32,134 --> 00:22:34,171
Look, I appreciate
your conviction here,
496
00:22:35,137 --> 00:22:38,846
but the death penalty is not something
I'm willing to inflict on a teenager.
497
00:22:38,907 --> 00:22:41,547
JACK: On any teenager
or just this one?
498
00:22:41,910 --> 00:22:43,583
What are you talking about?
499
00:22:44,213 --> 00:22:47,660
A black kid sells some crack,
we put him in prison for life.
500
00:22:47,716 --> 00:22:50,720
It's done every day without
us blinking an eye.
501
00:22:51,153 --> 00:22:53,690
A kid from the suburbs
does the same thing,
502
00:22:53,756 --> 00:22:57,966
we get people running around trying
to arrange a rehab bed for him.
503
00:22:58,460 --> 00:23:00,098
(TELEPHONE RINGS)
504
00:23:00,796 --> 00:23:03,208
Yes. Just a moment.
505
00:23:03,999 --> 00:23:05,535
Abbie, part 78.
506
00:23:06,502 --> 00:23:08,982
We're not talking
about a drug case here.
507
00:23:09,037 --> 00:23:10,846
We're talking about
the death penalty.
508
00:23:10,906 --> 00:23:15,855
Which is exactly why we have to avoid any
appearance it wasn't applied objectively.
509
00:23:16,512 --> 00:23:18,788
We both know the
crime justifies it.
510
00:23:19,948 --> 00:23:23,657
That was the clerk. Regan might
have beaten us to the punch.
511
00:23:24,253 --> 00:23:26,733
Judge Schreiber just let him
plead guilty to murder one
512
00:23:26,789 --> 00:23:29,292
with the promise
of a life sentence.
513
00:23:39,768 --> 00:23:42,305
A writ of mandamus asking me
to vacate the guilty plea.
514
00:23:42,371 --> 00:23:44,977
Judge Schreiber had no authority
to accept such a plea.
515
00:23:45,040 --> 00:23:47,543
We pled to the top count,
murder one.
516
00:23:47,609 --> 00:23:49,680
According to
Hynes v. Tomei,
517
00:23:49,745 --> 00:23:52,624
a defendant cannot plead guilty
while the prosecutor's notice
518
00:23:52,681 --> 00:23:54,319
to seek the death
penalty is pending.
519
00:23:54,383 --> 00:23:55,919
You haven't filed the notice.
520
00:23:55,984 --> 00:23:58,294
JACK: Because the statute
allows us 120 days.
521
00:23:58,353 --> 00:24:00,560
But Hynes doesn't
cover that situation.
522
00:24:00,622 --> 00:24:01,965
JACK: The spirit
of the case does.
523
00:24:02,591 --> 00:24:05,265
Judge, we'd be allowing
defendants to circumvent the law
524
00:24:05,327 --> 00:24:08,934
if we let them plead guilty before D.A.'s
had a chance to consider the death penalty.
525
00:24:08,997 --> 00:24:11,375
It'd create a race
to the courthouse.
526
00:24:11,433 --> 00:24:13,811
It'd be the defendants who get
to choose their own sentences.
527
00:24:13,869 --> 00:24:16,611
Well, better them than some
bloodthirsty prosecutor.
528
00:24:16,672 --> 00:24:17,673
Mr. Stanton.
529
00:24:17,740 --> 00:24:19,117
STANTON: No, I'm sorry,
Your Honor,
530
00:24:19,475 --> 00:24:22,081
but Mr. McCoy didn't seem to
mind races to the courthouse
531
00:24:22,144 --> 00:24:24,715
when he was making offers to any kid
quick enough to roll over for him.
532
00:24:24,780 --> 00:24:27,727
Well, that may be true. But in the
context of the death penalty,
533
00:24:27,783 --> 00:24:32,232
I don't think we want to be playing games
about whether notice has been filed or not.
534
00:24:32,287 --> 00:24:33,732
I'm vacating the plea.
535
00:24:34,056 --> 00:24:36,536
Simply put, Mitch Regan
cannot plead guilty
536
00:24:36,592 --> 00:24:39,664
until the People have reached their
own decision about the death penalty.
537
00:24:39,728 --> 00:24:40,729
Your Honor, I think...
538
00:24:40,796 --> 00:24:44,437
I'm sorry, Counselor, but this is for
the protection of all defendants.
539
00:24:46,235 --> 00:24:51,207
Well, this is one defendant you just protected
right back into a lethal injection.
540
00:24:51,273 --> 00:24:53,048
You'll forgive me if
I don't say "thank you."
541
00:24:57,346 --> 00:25:01,795
Wesley Stanton. Man's a legend
in a lot of people's minds.
542
00:25:01,850 --> 00:25:05,764
Especially his own. He's
taking the case pro bono.
543
00:25:05,821 --> 00:25:09,428
Well, I'm sure the publicity will more
than compensate him for his time.
544
00:25:09,491 --> 00:25:12,097
The point is, the ball's
back in our court.
545
00:25:12,161 --> 00:25:14,698
What if I simply waited for
the headlines to go away,
546
00:25:14,763 --> 00:25:18,176
and then quietly announced
I'd considered the evidence
547
00:25:18,233 --> 00:25:21,043
and decided not to
seek the death penalty?
548
00:25:21,370 --> 00:25:23,475
You're not going to do that.
549
00:25:24,173 --> 00:25:26,175
All right,
call the senior staff.
550
00:25:26,241 --> 00:25:28,346
I'll hear all the arguments.
551
00:25:32,681 --> 00:25:35,924
No, my point is, how can we
ask for the death penalty
552
00:25:35,984 --> 00:25:38,726
when other jurisdictions
are considering a moratorium?
553
00:25:38,787 --> 00:25:41,427
Honestly, I don't
think it's a problem.
554
00:25:41,790 --> 00:25:44,134
There's two issues involved
with the moratorium.
555
00:25:44,193 --> 00:25:46,639
The potential for an
innocent man being executed,
556
00:25:46,695 --> 00:25:49,107
faulty DNA evidence,
something like that,
557
00:25:49,164 --> 00:25:51,770
and ineffective assistance
of counsel.
558
00:25:51,834 --> 00:25:53,177
But, correct me
if I'm wrong, Jack,
559
00:25:53,235 --> 00:25:55,647
I haven't heard anything to suggest
that this guy didn't do it.
560
00:25:55,704 --> 00:25:59,242
And Wes Stanton has tried more
capital cases than I have.
561
00:25:59,641 --> 00:26:02,212
What about the guidelines?
Where does he fit?
562
00:26:02,277 --> 00:26:04,257
Both Jack and I concur
the juvenile assault
563
00:26:04,313 --> 00:26:06,259
should be considered
a prior crime of violence.
564
00:26:06,315 --> 00:26:07,316
Why?
565
00:26:07,382 --> 00:26:10,454
Because it occurred two months
prior to his 16th birthday,
566
00:26:10,519 --> 00:26:13,193
and it involved substantial
injuries to his victim.
567
00:26:13,255 --> 00:26:17,499
We also discounted a separate incident
involving a neighbor's pet, a cat,
568
00:26:17,559 --> 00:26:20,563
which contained allegations
of animal torture.
569
00:26:21,363 --> 00:26:23,343
The facts weren't clear
in the probation report.
570
00:26:23,398 --> 00:26:25,537
I'd agree.
He's already had his bite.
571
00:26:25,601 --> 00:26:28,639
Now, the heinous nature of
this crime is self-evident,
572
00:26:28,704 --> 00:26:31,583
as was his total disregard
for the victim's life.
573
00:26:31,640 --> 00:26:34,712
Excuse me, but why aren't we
talking about this kid's age?
574
00:26:34,776 --> 00:26:36,346
JACK: We can talk
about it all you like.
575
00:26:36,411 --> 00:26:39,949
But if we use his age to
disregard every other guideline,
576
00:26:40,349 --> 00:26:43,728
it only makes our determination
more arbitrary, not less.
577
00:26:43,785 --> 00:26:45,162
He's right.
578
00:26:45,220 --> 00:26:49,327
Legislature's established a
bright line at 18 years old.
579
00:26:49,691 --> 00:26:51,329
I don't think
we should blur it.
580
00:26:51,393 --> 00:26:52,667
Blur it?
581
00:26:52,728 --> 00:26:54,969
Whatever happened to the
exercise of discretion?
582
00:26:55,030 --> 00:26:56,509
ROSENFELD: I agree with Nora.
583
00:26:56,565 --> 00:26:58,943
I don't think it's as
simple as a bright line.
584
00:26:59,001 --> 00:27:01,880
This kid's got a family,
a high school education.
585
00:27:01,937 --> 00:27:03,678
He's got a job
in his father's store.
586
00:27:03,739 --> 00:27:04,740
Meaning what?
587
00:27:04,806 --> 00:27:06,376
Meaning, I think
he has a chance.
588
00:27:06,441 --> 00:27:08,387
HAYES: Well, what about the
kids who never had a chance?
589
00:27:08,710 --> 00:27:10,212
Who rings their hands for them?
590
00:27:10,279 --> 00:27:14,193
Now, I'm sorry, but being white and from
Queens isn't mitigation in my book.
591
00:27:14,249 --> 00:27:17,890
We're also not just talking
about a white defendant.
592
00:27:17,953 --> 00:27:21,491
Let's keep in mind that a decision
here not to seek the death penalty
593
00:27:21,556 --> 00:27:25,402
could very well be perceived as
discriminatory by the Asian community.
594
00:27:25,460 --> 00:27:28,964
No, I'm not gonna kill a white kid
just to prove I'm politically correct.
595
00:27:29,031 --> 00:27:31,033
JACK: No one's
suggesting you should.
596
00:27:31,099 --> 00:27:35,741
But if we're prepared to visit this
type of punishment on offenders at all,
597
00:27:35,804 --> 00:27:40,310
we'd better not refuse to do it just
because he looks like the kid next door.
598
00:27:58,460 --> 00:28:02,806
Hey. You know, you can get anything you
need on the computer with Westlaw.
599
00:28:02,864 --> 00:28:04,241
Oh, I like the books.
600
00:28:05,567 --> 00:28:07,604
What are you Shepardizing?
601
00:28:08,337 --> 00:28:11,011
US Supreme Court decision
from Oklahoma.
602
00:28:11,340 --> 00:28:12,546
Juvenile death penalty.
603
00:28:12,607 --> 00:28:14,382
Unfortunately,
the court's very clear
604
00:28:14,443 --> 00:28:19,085
that no national consensus exists that
violates cruel and unusual punishment
605
00:28:19,147 --> 00:28:22,993
when the death penalty is given
to somebody over the age of 16.
606
00:28:23,952 --> 00:28:27,161
I was hoping to find
a New York court disagreed,
607
00:28:27,689 --> 00:28:28,724
but, no.
608
00:28:29,057 --> 00:28:30,559
He's 18, Nora.
609
00:28:31,360 --> 00:28:33,636
In the eyes of the law,
he's an adult.
610
00:28:34,262 --> 00:28:36,173
Have you seen his arrest photo?
611
00:28:36,231 --> 00:28:38,370
I don't think he even shaves.
612
00:28:40,302 --> 00:28:44,682
Well, I'm sure shaving is some
legitimate male rite of passage,
613
00:28:45,540 --> 00:28:49,283
but it certainly shouldn't be the
standard to decide a capital case.
614
00:28:49,344 --> 00:28:52,223
What should be the standard to
take the life of a teenager?
615
00:28:54,349 --> 00:28:56,022
Where I come from,
616
00:28:56,218 --> 00:29:00,360
it's when what a person's
done is so vicious, so cruel,
617
00:29:01,256 --> 00:29:03,532
he forfeits the right
to get any older.
618
00:29:03,992 --> 00:29:07,337
Where I come from, a person
can't forfeit that right.
619
00:29:08,196 --> 00:29:10,335
We can only take it from him.
620
00:29:13,802 --> 00:29:15,076
"My decision today"
621
00:29:15,137 --> 00:29:17,447
"continues this
office's tradition"
622
00:29:17,506 --> 00:29:20,783
"of objectively applying
the laws of this state"
623
00:29:20,842 --> 00:29:25,086
"to the cases it's charged with
prosecuting in this great city."
624
00:29:25,647 --> 00:29:27,388
"Ours is an island,"
625
00:29:27,449 --> 00:29:29,929
"but we are not untouched
by the national debate"
626
00:29:29,985 --> 00:29:32,864
"or its dictates
concerning the death penalty."
627
00:29:33,889 --> 00:29:35,562
"That being said,"
628
00:29:35,624 --> 00:29:38,628
"my decision goes against
my personal feelings,"
629
00:29:38,693 --> 00:29:42,835
"but as District Attorney, I
took an oath to uphold the law,"
630
00:29:42,898 --> 00:29:45,811
"which includes applying
the death penalty fairly,"
631
00:29:45,867 --> 00:29:47,847
"with due process of law."
632
00:29:48,303 --> 00:29:50,579
"To do otherwise
would be to substitute"
633
00:29:50,639 --> 00:29:53,245
"my own judgment
for the judgment of those"
634
00:29:53,308 --> 00:29:55,720
"the people elected
to make such decisions."
635
00:29:56,545 --> 00:29:57,990
"Accordingly,"
636
00:29:58,046 --> 00:30:00,993
"I am forced to conclude
that notice to the court"
637
00:30:01,049 --> 00:30:03,655
"of our intention to seek
the death penalty"
638
00:30:03,718 --> 00:30:07,928
"in the case of the People v.
Mitch Regan is appropriate."
639
00:30:14,796 --> 00:30:16,469
CARMICHAEL: The jury
was out less than an hour.
640
00:30:16,531 --> 00:30:18,533
And Stanton didn't
call a single witness?
641
00:30:18,600 --> 00:30:21,444
I think Stanton's saving his
credibility with the jury
642
00:30:21,503 --> 00:30:22,573
to plead for his client's life.
643
00:30:22,637 --> 00:30:23,980
When are you back in court?
644
00:30:24,039 --> 00:30:26,781
Judge Schreiber starts the
penalty phase tomorrow morning.
645
00:30:26,842 --> 00:30:28,082
Do we have any witnesses?
646
00:30:28,143 --> 00:30:30,851
He's limited our
presentation to the M.E.
647
00:30:31,446 --> 00:30:33,016
LEWIN: Well,
what about mitigation?
648
00:30:33,081 --> 00:30:35,288
I assume Stanton
will mount his case now.
649
00:30:35,350 --> 00:30:37,421
Well, he was hoping to call
one of Regan's teachers.
650
00:30:37,485 --> 00:30:38,555
But?
651
00:30:38,620 --> 00:30:42,466
Schreiber ruled that it opened the
door to the prior juvenile history.
652
00:30:42,524 --> 00:30:45,266
I don't think Stanton
wants a jury to hear
653
00:30:45,327 --> 00:30:48,308
how his client viciously
assaulted someone in the past.
654
00:30:48,363 --> 00:30:50,138
Especially a child.
655
00:30:50,799 --> 00:30:52,176
Which leaves him with what?
656
00:30:52,234 --> 00:30:54,180
He's calling his mother.
657
00:30:54,669 --> 00:30:55,670
Doesn't everyone?
658
00:31:00,275 --> 00:31:01,879
Doctor, earlier in this trial
659
00:31:01,943 --> 00:31:05,288
you indicated a single
blow from a blunt object
660
00:31:05,347 --> 00:31:06,826
caused Mr. Ngai's death.
661
00:31:06,882 --> 00:31:10,056
Yes. Mr. Ngai died from
a depressed skull fracture.
662
00:31:10,118 --> 00:31:11,927
Basically, the back of
his head was crushed in.
663
00:31:12,254 --> 00:31:15,758
JACK: There was also mentioned on
cross-examination by Mr. Stanton
664
00:31:15,824 --> 00:31:19,067
that the fatal injury
sustained by the deceased
665
00:31:19,728 --> 00:31:21,366
might have been received
666
00:31:21,429 --> 00:31:24,069
during the initial attack
at the top of the stairs.
667
00:31:24,132 --> 00:31:25,406
RODGERS: Anything is possible.
668
00:31:25,467 --> 00:31:27,105
JACK: But I want to
be absolutely clear
669
00:31:27,169 --> 00:31:29,479
that that is not
your expert opinion.
670
00:31:29,538 --> 00:31:30,573
No, it's not.
671
00:31:30,639 --> 00:31:31,640
Why not?
672
00:31:31,973 --> 00:31:34,715
Because of the evidence
I found of regurgitation,
673
00:31:34,776 --> 00:31:36,255
the vomit under the blanket.
674
00:31:36,311 --> 00:31:37,688
Anything else?
675
00:31:37,746 --> 00:31:41,819
There was a pattern of blood focal
hemorrhages on the surface of the lung.
676
00:31:41,883 --> 00:31:44,591
Now, this blood didn't appear to
be from any internal injuries.
677
00:31:44,653 --> 00:31:49,033
Rather, it was more likely from the facial
injuries and broken nose he received.
678
00:31:49,090 --> 00:31:51,900
As a result, Mr. Ngai was
breathing in his own blood.
679
00:31:51,960 --> 00:31:54,941
As he did, it spread through
the smaller airways.
680
00:31:54,996 --> 00:31:57,135
Both the regurgitation
and blood
681
00:31:57,199 --> 00:32:00,703
could only have occurred sometime
prior to the fatal head injury.
682
00:32:01,069 --> 00:32:03,879
I divorced when Mitch
was three years old.
683
00:32:04,306 --> 00:32:07,150
STANTON: What was
the cause of the divorce?
684
00:32:07,609 --> 00:32:10,783
My former husband,
Mitch's biological father,
685
00:32:11,413 --> 00:32:13,324
had a drinking problem.
686
00:32:13,815 --> 00:32:16,227
Eventually, he abandoned
Mitch and me.
687
00:32:16,284 --> 00:32:19,163
Did that effect your son?
688
00:32:19,220 --> 00:32:20,528
Very much so.
689
00:32:20,589 --> 00:32:23,331
He cried at night,
had nightmares.
690
00:32:24,092 --> 00:32:27,301
It was a very difficult
time for both of us.
691
00:32:27,596 --> 00:32:28,939
STANTON: He's your only son?
692
00:32:28,997 --> 00:32:30,067
MRS. REGAN: With his father.
693
00:32:30,131 --> 00:32:32,236
I have two other children
with my husband.
694
00:32:32,901 --> 00:32:36,713
So, Alex Regan is not
Mitch's natural father?
695
00:32:36,771 --> 00:32:38,307
His stepfather.
696
00:32:38,573 --> 00:32:41,611
And what is
that relationship like?
697
00:32:41,676 --> 00:32:44,589
It's always been
a little strained.
698
00:32:46,748 --> 00:32:50,025
My husband is a good man,
but he's been hard on Mitch.
699
00:32:50,852 --> 00:32:52,525
I've always thought,
700
00:32:52,587 --> 00:32:54,624
a little too hard at times.
701
00:32:56,091 --> 00:32:57,900
Before I got married,
702
00:32:59,661 --> 00:33:02,335
he watched out for me,
he protected me,
703
00:33:03,698 --> 00:33:05,575
even as a small child.
704
00:33:06,167 --> 00:33:08,841
He's still like that
with his brother and sister.
705
00:33:08,903 --> 00:33:11,281
When his grandmother was dying,
706
00:33:11,339 --> 00:33:13,080
he wouldn't leave her side.
707
00:33:13,575 --> 00:33:15,452
He's not this monster.
708
00:33:16,311 --> 00:33:17,346
He isn't.
709
00:33:18,079 --> 00:33:19,456
I know him.
710
00:33:19,514 --> 00:33:22,427
I know him better than
anyone in this world.
711
00:33:24,019 --> 00:33:25,930
You have to believe me.
712
00:33:31,026 --> 00:33:32,903
Thank you, Mrs. Regan.
713
00:33:39,601 --> 00:33:44,050
Mrs. Regan, was your son
ever physically abused?
714
00:33:44,372 --> 00:33:45,407
MRS. REGAN: No.
715
00:33:46,207 --> 00:33:48,653
Not by his stepfather
716
00:33:48,710 --> 00:33:50,849
and not by his
biological father?
717
00:33:51,212 --> 00:33:54,819
Bill, my first husband,
was an alcoholic,
718
00:33:54,916 --> 00:33:56,657
but he wasn't a violent man.
719
00:33:56,718 --> 00:33:58,026
JACK: And your
current husband?
720
00:33:58,086 --> 00:33:59,258
MRS. REGAN: Never.
721
00:34:00,055 --> 00:34:03,036
And you cared for your son,
722
00:34:04,325 --> 00:34:08,102
gave him food and shelter,
love and support?
723
00:34:08,463 --> 00:34:09,965
I thought so.
724
00:34:10,832 --> 00:34:12,641
But there must be
something I did.
725
00:34:12,701 --> 00:34:14,612
Mrs. Regan, you said
726
00:34:14,669 --> 00:34:18,242
you know your son better
than anyone in the world?
727
00:34:19,774 --> 00:34:20,844
Yes.
728
00:34:21,810 --> 00:34:24,313
Did you know
he was capable of this?
729
00:34:29,884 --> 00:34:32,330
I have nothing further,
Your Honor.
730
00:34:36,157 --> 00:34:40,606
MITCH: It started out kind
of like a goof or something.
731
00:34:41,796 --> 00:34:45,175
Like somebody said, "I'm
hungry," but we had no money.
732
00:34:46,501 --> 00:34:48,606
And we all started laughing
733
00:34:48,870 --> 00:34:50,611
and I don't know...
734
00:34:51,272 --> 00:34:53,809
Heather called, and we were
just gonna take the food.
735
00:34:55,076 --> 00:34:57,716
But something more
happened, didn't it?
736
00:35:01,416 --> 00:35:03,327
When the guy got there,
737
00:35:04,586 --> 00:35:07,590
Peter and Chris jumped
out from behind two cars
738
00:35:07,989 --> 00:35:10,492
and threw this blanket
over his head.
739
00:35:10,558 --> 00:35:12,629
And then he fell
down the stairs.
740
00:35:13,194 --> 00:35:14,832
STANTON: He fell.
741
00:35:15,096 --> 00:35:16,404
Then what happened?
742
00:35:16,464 --> 00:35:18,239
We didn't know what to do.
743
00:35:18,299 --> 00:35:20,802
I mean, the guy
was hurt pretty bad.
744
00:35:22,437 --> 00:35:25,281
That's when Peter
started to get scared.
745
00:35:25,707 --> 00:35:27,084
We all did.
746
00:35:27,942 --> 00:35:30,752
And Peter said
the guy saw his face.
747
00:35:31,680 --> 00:35:33,489
Him and Chris.
748
00:35:34,082 --> 00:35:36,062
And I don't know,
749
00:35:36,117 --> 00:35:37,528
everybody started freaking out,
750
00:35:37,585 --> 00:35:39,531
and it just happened.
751
00:35:40,689 --> 00:35:41,895
(SIGHS)
752
00:35:45,093 --> 00:35:47,232
How do you feel about it now?
753
00:35:48,063 --> 00:35:49,167
Bad.
754
00:35:50,699 --> 00:35:52,110
Really sorry.
755
00:35:52,867 --> 00:35:56,246
But I know whatever I say
is not gonna make it better.
756
00:35:56,304 --> 00:35:57,476
Yeah.
757
00:35:59,674 --> 00:36:01,950
Did you talk to
your folks about it?
758
00:36:03,778 --> 00:36:05,121
My mother.
759
00:36:05,647 --> 00:36:07,957
My father hasn't
come to see me.
760
00:36:08,016 --> 00:36:09,586
My mother says
that he wants to,
761
00:36:09,651 --> 00:36:11,790
but doesn't know what to say.
762
00:36:13,321 --> 00:36:17,064
Like she said, things have sort
of been like that between us.
763
00:36:21,196 --> 00:36:24,507
What do you want, Mitch?
What do you want to happen?
764
00:36:25,300 --> 00:36:26,574
I want...
765
00:36:27,836 --> 00:36:29,645
(SIGHS) I don't know.
766
00:36:30,338 --> 00:36:32,579
I just wish it hadn't happened.
767
00:36:33,008 --> 00:36:36,478
I mean, not just like right
after my birthday like that.
768
00:36:37,645 --> 00:36:39,022
I'm sorry.
769
00:36:39,647 --> 00:36:41,058
I really am.
770
00:36:41,649 --> 00:36:42,992
Okay, son.
771
00:36:43,985 --> 00:36:45,089
Okay.
772
00:36:46,187 --> 00:36:47,825
JUDGE: Mr. McCoy.
773
00:36:49,357 --> 00:36:50,961
You're sorry it happened?
774
00:36:51,025 --> 00:36:52,060
MITCH: Yes.
775
00:36:52,127 --> 00:36:53,936
After your birthday like that?
776
00:36:54,662 --> 00:36:56,198
I'm just sorry it happened.
777
00:36:56,264 --> 00:36:58,767
And nothing you can say will
make it better, is that right?
778
00:36:59,000 --> 00:37:00,001
I guess not.
779
00:37:00,068 --> 00:37:01,809
Not even the truth?
780
00:37:02,003 --> 00:37:03,038
What do you mean?
781
00:37:03,104 --> 00:37:05,015
I mean the truth about
why you killed this man.
782
00:37:05,073 --> 00:37:06,108
Objection.
783
00:37:06,174 --> 00:37:07,812
JUDGE: Overruled.
784
00:37:09,411 --> 00:37:11,687
JACK: You were with Nick
Simms inside the apartment
785
00:37:11,746 --> 00:37:13,987
when the blanket was thrown
over Mr. Ngai's head,
786
00:37:14,048 --> 00:37:15,493
is that right?
787
00:37:15,550 --> 00:37:16,722
Yes.
788
00:37:16,785 --> 00:37:18,822
When you came outside,
789
00:37:19,120 --> 00:37:20,929
he was under the blanket?
790
00:37:20,989 --> 00:37:22,059
That's right.
791
00:37:22,123 --> 00:37:25,195
So who was it who said
he'd seen your faces?
792
00:37:29,764 --> 00:37:31,641
It was you, wasn't it?
793
00:37:34,135 --> 00:37:35,910
But that wasn't possible.
794
00:37:36,738 --> 00:37:39,309
The fact is,
it didn't matter to you
795
00:37:39,741 --> 00:37:42,278
whether he'd seen
your faces or not.
796
00:37:44,546 --> 00:37:46,890
You wanted to kill him
all along.
797
00:37:55,556 --> 00:37:57,035
JUDGE: I intend
to instruct the jury
798
00:37:57,525 --> 00:37:59,129
that they should consider
whether or not
799
00:37:59,193 --> 00:38:01,366
a sentence of death
should be imposed,
800
00:38:01,429 --> 00:38:02,499
and whether or not
801
00:38:02,564 --> 00:38:04,441
a sentence of life
imprisonment without parole
802
00:38:04,499 --> 00:38:05,842
should be imposed,
803
00:38:05,900 --> 00:38:08,210
and that they must be unanimous,
beyond a reasonable doubt,
804
00:38:08,269 --> 00:38:09,475
as to either one.
805
00:38:09,537 --> 00:38:11,847
And in the event they're
not unanimous, Your Honor?
806
00:38:11,906 --> 00:38:14,250
I'll tell them if they
fail to reach agreement
807
00:38:14,309 --> 00:38:15,583
then I will sentence
the defendant
808
00:38:15,643 --> 00:38:20,490
to a term of imprisonment, with a
minimum term of 20 or 25 years
809
00:38:20,548 --> 00:38:22,721
and a maximum term of life.
810
00:38:23,384 --> 00:38:24,522
Your Honor,
811
00:38:24,586 --> 00:38:25,894
you tell those people
there's a chance
812
00:38:25,954 --> 00:38:28,560
this boy might be back
out on the streets some day,
813
00:38:28,623 --> 00:38:31,297
you play to their fears,
to the worst in them.
814
00:38:31,359 --> 00:38:34,203
Until the Court of Appeals
tells me otherwise,
815
00:38:34,262 --> 00:38:36,674
my hands are tied here,
Counselor.
816
00:38:40,535 --> 00:38:41,707
Mr. McCoy,
817
00:38:41,769 --> 00:38:44,909
pursuant to the statute, you
will deliver the first argument.
818
00:38:47,008 --> 00:38:48,749
Eighteen years old,
819
00:38:51,112 --> 00:38:52,489
and already
820
00:38:53,414 --> 00:38:55,826
a cold-blooded murder
to his name.
821
00:38:57,685 --> 00:38:58,993
Because of his age
822
00:38:59,320 --> 00:39:02,301
defense counsel wants you
to give him another chance.
823
00:39:02,357 --> 00:39:03,358
But the fact that
824
00:39:03,424 --> 00:39:08,134
he abandoned his responsibilities
to all of us so quickly
825
00:39:08,830 --> 00:39:10,969
doesn't mitigate
what he's done.
826
00:39:11,532 --> 00:39:14,376
It only makes it
that much more frightening,
827
00:39:14,736 --> 00:39:18,013
because this teenager is the
one who lives next door
828
00:39:19,007 --> 00:39:21,112
the one we see ourselves in.
829
00:39:21,176 --> 00:39:23,087
His act betrays us all.
830
00:39:24,946 --> 00:39:26,391
Somewhere that night,
831
00:39:26,447 --> 00:39:28,791
he ceased to be
who we thought he was
832
00:39:29,417 --> 00:39:32,057
and instead became
everything we fear.
833
00:39:36,324 --> 00:39:42,002
But his is not the only life being
measured in this courtroom.
834
00:39:42,764 --> 00:39:46,678
Not the only face for you
to remember here today.
835
00:39:47,268 --> 00:39:48,713
Imagine, if you will,
836
00:39:48,770 --> 00:39:50,909
the last moments
of the victim's life.
837
00:39:50,972 --> 00:39:54,852
And when you do, imagine
it not slipping away,
838
00:39:55,743 --> 00:39:57,222
but being beaten out of him.
839
00:39:58,479 --> 00:40:01,085
Mr. Ngai was a slight man,
840
00:40:01,416 --> 00:40:02,895
a family man.
841
00:40:03,318 --> 00:40:05,264
That night it was cold,
842
00:40:05,320 --> 00:40:06,560
raining.
843
00:40:06,821 --> 00:40:10,769
Mr. Ngai sent his wife home
to be with their children.
844
00:40:13,027 --> 00:40:16,201
But he stayed to work for them.
845
00:40:19,200 --> 00:40:21,840
And when he arrived
to make a delivery,
846
00:40:23,137 --> 00:40:24,741
he was set upon,
847
00:40:25,473 --> 00:40:27,146
thrown down a flight of stairs.
848
00:40:27,842 --> 00:40:29,583
A filthy blanket
849
00:40:29,644 --> 00:40:32,318
forced over his head
to stifle his screams.
850
00:40:32,380 --> 00:40:33,859
Badly beaten,
851
00:40:35,817 --> 00:40:38,263
he vomited
underneath the blanket,
852
00:40:39,587 --> 00:40:41,430
he breathed in his own blood.
853
00:40:41,889 --> 00:40:46,167
Yet, all the while, managed
to plead for his life.
854
00:40:47,495 --> 00:40:50,840
But rather than evoke
any sense of mercy,
855
00:40:51,632 --> 00:40:53,634
Mr. Ngai's desperation
856
00:40:54,535 --> 00:40:57,379
only provoked more viciousness
857
00:40:57,438 --> 00:40:58,644
in this defendant.
858
00:40:59,407 --> 00:41:03,150
A savagery that
silenced his pleas
859
00:41:03,211 --> 00:41:05,657
by crushing his
skull with a rock.
860
00:41:07,148 --> 00:41:09,389
As you think of this defendant,
861
00:41:09,884 --> 00:41:12,160
you may regret
what might have been.
862
00:41:14,088 --> 00:41:16,227
But judge him for who he is.
863
00:41:18,092 --> 00:41:20,163
Forget what he looks like,
864
00:41:20,862 --> 00:41:22,864
and remember what he did.
865
00:41:28,469 --> 00:41:32,383
So, finally we come to it.
866
00:41:33,841 --> 00:41:37,755
Come to the decision
not of who's so evil,
867
00:41:37,812 --> 00:41:41,555
so unredeemable
we put them to death,
868
00:41:42,483 --> 00:41:43,985
but how young
869
00:41:44,051 --> 00:41:46,053
can we put them to death.
870
00:41:46,554 --> 00:41:50,001
At what age do even liberals
throw in the towel?
871
00:41:52,393 --> 00:41:55,897
Down where I come from,
down in Texas, it's 17.
872
00:41:57,231 --> 00:42:00,212
But up here,
up here in the Big Apple
873
00:42:00,268 --> 00:42:05,081
y'all go and exercise your own blood
lust to the ripe old age of 18.
874
00:42:05,206 --> 00:42:07,117
Not old enough to drink
875
00:42:07,308 --> 00:42:10,983
but apparently
old enough to execute.
876
00:42:13,514 --> 00:42:18,395
So, how young can we do it?
877
00:42:20,755 --> 00:42:24,464
It all depends on what it is
that makes a life worth saving.
878
00:42:25,993 --> 00:42:27,404
Is it a mother's love?
879
00:42:27,995 --> 00:42:29,668
A kind act?
880
00:42:29,731 --> 00:42:32,211
If that's all it is, then
all of us are worth saving.
881
00:42:32,800 --> 00:42:34,245
But the law,
882
00:42:34,602 --> 00:42:37,310
the law doesn't require
nearly that much.
883
00:42:38,272 --> 00:42:39,342
You see,
884
00:42:39,407 --> 00:42:41,683
the law only requires
885
00:42:42,143 --> 00:42:44,453
that there be some question,
886
00:42:44,512 --> 00:42:47,049
some reasonable doubt,
887
00:42:47,682 --> 00:42:50,060
as to the value of the life
888
00:42:50,118 --> 00:42:53,429
the prosecutor
is asking you to take.
889
00:42:54,222 --> 00:42:56,634
Because it has to be definite,
890
00:42:56,691 --> 00:43:00,662
this willingness
to put a boy to death.
891
00:43:01,596 --> 00:43:05,339
And the only trouble with
that, is that at 18,
892
00:43:05,766 --> 00:43:07,837
nothing is definite.
893
00:43:09,270 --> 00:43:12,774
At 18, life is nothing
but questions.
894
00:43:13,608 --> 00:43:17,181
In fact, can there be
any doubt, any at all,
895
00:43:17,245 --> 00:43:19,589
that 20, 25 years from now
896
00:43:19,647 --> 00:43:21,149
this boy, if allowed to live,
897
00:43:21,215 --> 00:43:24,628
will be a different person from
the one sitting before you today.
898
00:43:24,685 --> 00:43:26,722
Will he be a better person?
899
00:43:27,922 --> 00:43:29,401
I don't know.
900
00:43:32,693 --> 00:43:34,297
But the fact is,
901
00:43:37,131 --> 00:43:38,667
neither do you.
902
00:43:39,567 --> 00:43:41,103
Spare his life.
903
00:43:42,737 --> 00:43:44,216
Spare us all.
904
00:43:54,982 --> 00:43:58,259
JUDGE: I understand the jury has
reached a verdict as to sentence.
905
00:43:58,319 --> 00:43:59,798
We have, Your Honor.
906
00:43:59,854 --> 00:44:01,424
I'll ask the defendant to rise.
907
00:44:03,424 --> 00:44:05,335
Render your verdict,
Mr. Foreman.
908
00:44:05,860 --> 00:44:09,672
"As to the first count of the
indictment, Murder in the First Degree,"
909
00:44:09,730 --> 00:44:12,108
"the sentence of
this jury is death"
910
00:44:12,333 --> 00:44:13,471
MRS. REGAN: No!
911
00:44:15,002 --> 00:44:16,538
No!
912
00:44:16,604 --> 00:44:19,175
(SOBBING) Please!
913
00:44:19,574 --> 00:44:22,282
Don't kill him!
Don't kill him!
914
00:44:22,510 --> 00:44:25,320
No! Oh, my God!
915
00:44:41,095 --> 00:44:43,939
Stanton can probably drag
this out for a long time.
916
00:44:44,298 --> 00:44:46,369
He may not have as
much time as he hopes.
917
00:44:46,434 --> 00:44:47,879
Supreme Court's
been consistently
918
00:44:47,935 --> 00:44:50,643
narrowing appeals
for death row inmates.
919
00:44:50,705 --> 00:44:54,881
With any luck, we'll be able to strap
him to a gurney before he's 21.
920
00:44:55,676 --> 00:44:57,781
God have mercy on our souls.
921
00:44:57,831 --> 00:45:02,381
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