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NARRATOR:
In the criminal justice system
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00:00:08,016 --> 00:00:11,930
the people are represented
by two separate yet equally important groups,
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00:00:11,986 --> 00:00:13,795
the police
who investigate crime
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00:00:13,855 --> 00:00:16,597
and the district attorneys
who prosecute the offenders.
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00:00:16,657 --> 00:00:18,227
These are their stories.
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00:00:19,560 --> 00:00:21,870
Can't you hook up
with a guy who lives in an elevator building?
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00:00:21,929 --> 00:00:23,169
Quit bitchin',
we're here.
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00:00:23,231 --> 00:00:25,837
Thank God, these
heels are killing me.
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00:00:27,468 --> 00:00:30,176
Jimmy, you in there?
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00:00:31,973 --> 00:00:33,247
Jimmy!
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He's with
that Connie Ditchko, I'm gonna kill him.
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00:00:36,511 --> 00:00:37,956
That Ukrainian girl?
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Oh, relax, he'll call
you tomorrow. Come on.
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00:00:40,048 --> 00:00:41,152
Wait.
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00:00:42,784 --> 00:00:45,424
What, Jimmy gave you
the keys to his crib?
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00:00:45,486 --> 00:00:46,863
You only been
with him a month.
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00:00:46,921 --> 00:00:48,832
He didn't give it
to me. I took it.
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00:00:48,890 --> 00:00:50,733
Oh, you go, girl.
(SNICKERS)
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00:00:52,393 --> 00:00:53,394
Jimmy!
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00:00:54,796 --> 00:00:55,797
Jimmy!
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(GASPS) Oh, my God.
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(CRYING) Jimmy!
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Oh. my God!
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00:01:04,305 --> 00:01:07,684
And the dead guy is
James Foley, 36.
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00:01:07,742 --> 00:01:10,245
Girlfriend was supposed
to meet him at some club,
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00:01:10,311 --> 00:01:12,723
he didn't show,
she came looking for him.
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00:01:13,214 --> 00:01:15,524
I guess it was
the maid's week off.
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00:01:15,650 --> 00:01:17,493
ED: Hmm. I'm no M.E.,
but it looks like this guy
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00:01:17,552 --> 00:01:19,589
got his head bashed in.
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00:01:19,654 --> 00:01:23,363
Maybe they were fighting over
which TV show to watch.
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00:01:23,458 --> 00:01:25,131
It's a lot of blood.
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00:01:25,226 --> 00:01:27,206
Head wounds.
Bleed like crazy.
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Tell me about it.
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00:01:28,396 --> 00:01:30,342
When I was a kid,
I fell off my bike,
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00:01:30,665 --> 00:01:32,303
split my scalp
wide open.
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00:01:32,366 --> 00:01:34,505
My mother thought
I was gonna die.
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00:01:34,569 --> 00:01:35,809
How many stitches?
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00:01:35,870 --> 00:01:37,144
Twenty-six.
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Beats me.
Most I ever got was eight.
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00:01:39,941 --> 00:01:42,979
Bobby Delillo split my lip
open playing stickball.
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(CHUCKLES) Stickball?
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00:01:44,378 --> 00:01:47,882
Hey, Willie Mays
was a three sewer stickball player.
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00:01:50,818 --> 00:01:52,695
Guess he was
in the middle of shaving.
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00:01:52,753 --> 00:01:54,755
Mmm. Looks like
he missed a spot.
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00:02:45,439 --> 00:02:47,248
Blunt force trauma,
skull fracture.
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00:02:47,308 --> 00:02:48,844
Cause of death,
epidural bleeding.
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00:02:48,910 --> 00:02:50,514
That never happened
playing stickball.
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00:02:50,578 --> 00:02:52,990
CSU found blood splatters
on the television set,
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00:02:53,047 --> 00:02:54,856
mixed with hair fibers
and skull particulate.
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00:02:54,916 --> 00:02:56,827
Any chance
this was an accident?
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00:02:56,884 --> 00:02:59,626
I did blood alcohol
and ran a tox screen.
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00:02:59,687 --> 00:03:00,995
He'd had
a couple of drinks.
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00:03:01,055 --> 00:03:02,966
But was he inebriated enough
to stagger around
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00:03:03,024 --> 00:03:05,470
and pull the TV down
on top of himself? I don't think so.
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00:03:05,526 --> 00:03:07,028
So it was a homicide.
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00:03:07,094 --> 00:03:08,903
I found fresh bruises
on his torso,
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consistent with
punches or blows.
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00:03:10,898 --> 00:03:12,844
So what,
they waltz around,
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00:03:12,900 --> 00:03:15,380
the perp picks up the TV set
and bashes his skull in?
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00:03:15,436 --> 00:03:18,042
Or they tussle,
the perp shoves him, he falls down.
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00:03:18,105 --> 00:03:20,449
Irresistible force meets
immovable object.
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00:03:20,508 --> 00:03:23,614
I also found some
blue synthetic fibers on Foley's pants,
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00:03:23,711 --> 00:03:26,351
which matched fibers
CSU pulled from the window sill.
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00:03:26,414 --> 00:03:27,757
That's a long shot.
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00:03:27,815 --> 00:03:29,260
Well, lab says
these type of fibers
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00:03:29,317 --> 00:03:31,957
are used to
make work clothes, uniforms, jackets.
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00:03:32,019 --> 00:03:33,259
Maybe the cable guy.
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00:03:33,321 --> 00:03:35,460
Yeah right.
Like they ever show up.
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00:03:36,490 --> 00:03:37,730
What about
the girlfriend?
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00:03:37,792 --> 00:03:40,295
Witnesses put her
at the club at the time of the murder.
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00:03:40,361 --> 00:03:41,897
And these blue fibers?
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00:03:41,963 --> 00:03:44,136
Maybe Foley was
a sucker for a uniform.
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00:03:44,198 --> 00:03:46,235
There's no sign of a break-in.
According to the girlfriend,
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00:03:46,300 --> 00:03:47,643
she had to use
her key to get in.
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00:03:47,702 --> 00:03:50,046
So Foley's shaving,
gettin' ready to go out.
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00:03:50,104 --> 00:03:52,050
He buzzes the guy up,
lets him in.
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They fight,
Foley gets his head smashed in,
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the perp either closes
the door behind him
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or he goes out the window
and down the fire escape.
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00:03:58,512 --> 00:04:01,652
And leaves
a few fibers behind. What about prints?
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00:04:01,782 --> 00:04:04,558
Latent lifted
53 partials.
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00:04:04,652 --> 00:04:06,928
Popular fella.
How about the canvass?
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00:04:07,488 --> 00:04:09,490
A neighbor heard
two men arguing,
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00:04:09,557 --> 00:04:11,764
and then aloud bang,
sometime around 10:45.
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00:04:12,159 --> 00:04:15,504
Yeah. That would've
been the TV set, imploding on Foley's skull.
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00:04:15,596 --> 00:04:20,306
Another neighbor
said she saw Foley arguing with a heavyset white guy
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00:04:20,368 --> 00:04:22,712
in front of his building
a few weeks ago.
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00:04:22,770 --> 00:04:24,408
She know
what that was about?
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00:04:24,472 --> 00:04:26,110
Only that it got
pretty heated.
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00:04:26,173 --> 00:04:27,345
Yeah, unfortunately,
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00:04:27,408 --> 00:04:30,287
there's no
"heavyset white guy" listed in the phone book.
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00:04:30,344 --> 00:04:32,119
What else do we know
about Foley?
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00:04:32,313 --> 00:04:33,917
Well, he had a record.
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00:04:33,981 --> 00:04:36,689
Uh, couple of assaults,
drug possession.
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00:04:36,751 --> 00:04:38,856
That explains
the visitors.
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00:04:39,053 --> 00:04:41,932
Last bust was
for four grams of coke.
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00:04:41,989 --> 00:04:43,263
He got probation.
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00:04:43,324 --> 00:04:44,701
With that record?
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00:04:44,759 --> 00:04:46,602
Maybe his lawyer
was Clarence Darrow.
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00:04:46,661 --> 00:04:48,436
ED:
Girlfriend seemed to think he'd cleaned up his act.
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00:04:48,496 --> 00:04:50,533
Girlfriends are always
the last to know.
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Them and
probation officers.
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00:04:54,068 --> 00:04:55,513
Well, he's been passing
his urine tests.
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00:04:55,569 --> 00:04:56,980
As far as I know
he was clean.
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00:04:57,038 --> 00:04:58,176
What about
this last bust?
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00:04:58,239 --> 00:05:00,845
Well, the cops raided
some dance club he was working at.
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00:05:00,908 --> 00:05:02,751
They found some coke
behind the bar.
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00:05:02,810 --> 00:05:04,016
So how'd
he get probation?
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00:05:04,078 --> 00:05:06,718
What I heard,
they screwed up the search.
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00:05:06,781 --> 00:05:08,226
Our Fourth Amendment
at work.
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00:05:08,282 --> 00:05:09,625
Well, except for this
family court thing,
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00:05:09,684 --> 00:05:11,425
I thought that Foley
was doin' pretty good.
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ED: What family
court thing?
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00:05:12,720 --> 00:05:14,393
Some custody fight
or something.
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BRISCOE:
He had a kid?
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00:05:15,723 --> 00:05:17,031
Yeah. With
an ex-girlfriend.
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00:05:17,091 --> 00:05:19,628
Apparently, she's been
ridin' his ass about child support.
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00:05:19,694 --> 00:05:22,072
Only Foley never
shows up in court.
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00:05:22,129 --> 00:05:24,666
Finally,
this family court judge calls me,
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00:05:24,732 --> 00:05:26,769
tells me,
if Foley doesn't show up for the next date,
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00:05:26,834 --> 00:05:28,245
I should violate
his probation.
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00:05:28,302 --> 00:05:30,612
When was this?
Few weeks ago.
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00:05:30,671 --> 00:05:32,844
But I checked.
Foley showed.
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00:05:39,180 --> 00:05:42,024
Laura Rodriguez
filed a V petition against James Foley
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00:05:42,083 --> 00:05:44,563
for custody and support
on January 8th of '98.
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00:05:44,618 --> 00:05:46,154
That's over
three years ago.
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00:05:46,220 --> 00:05:48,200
Guy ignored the summons.
A lot of 'em do.
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00:05:48,289 --> 00:05:50,929
So what happened
when Foley finally did show?
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00:05:50,991 --> 00:05:53,733
It was one of those real
knockdown drag out type of things.
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00:05:53,794 --> 00:05:54,898
ED: Which ended how?
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00:05:54,962 --> 00:05:56,168
Mother got full custody
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00:05:56,297 --> 00:05:58,140
plus an order
from the court, for support
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00:05:58,199 --> 00:06:00,076
dating back to
when the kid was born.
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00:06:00,134 --> 00:06:01,772
BRISCOE:
Foley make a payment?
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00:06:01,836 --> 00:06:04,840
Uh, not on that day.
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00:06:05,005 --> 00:06:07,246
I'd have to check
another file to see if he's made one since.
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00:06:07,308 --> 00:06:09,345
Dead beat dad
Don't waste your time.
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00:06:09,410 --> 00:06:11,014
Mother couldn't have been
too happy about that.
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00:06:11,078 --> 00:06:13,058
Well, if you ask me,
I think the real fight
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00:06:13,114 --> 00:06:14,286
was about the fact
that mom brought
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00:06:14,348 --> 00:06:15,884
a new boyfriend
with her to court.
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00:06:16,150 --> 00:06:18,255
Who's that?
Never got a name.
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00:06:18,452 --> 00:06:20,762
But he and Foley got
into it pretty good in the hallway.
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00:06:20,821 --> 00:06:23,233
Couple of court officers
had to break it up.
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00:06:23,557 --> 00:06:25,298
Look, I'm sorry
Jimmy got himself killed,
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00:06:25,359 --> 00:06:27,498
but I got nothin'
to do with him anymore.
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00:06:27,561 --> 00:06:29,404
I been tryin' to put
all that behind me.
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00:06:29,497 --> 00:06:32,376
That's hard to do
when you got a kid together.
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00:06:32,433 --> 00:06:34,140
Jimmy wasn't part
of Billy's life.
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00:06:34,201 --> 00:06:35,578
Never has been.
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00:06:36,237 --> 00:06:37,978
There's another man
in the picture.
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00:06:38,339 --> 00:06:39,841
What's that got to do
with anything?
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00:06:39,907 --> 00:06:42,513
Miss Rodriguez,
we know about the fight outside the courtroom.
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00:06:45,679 --> 00:06:47,625
Go in and play
in the other room, okay?
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00:06:47,681 --> 00:06:49,456
Mommy'll be right in.
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00:06:55,556 --> 00:06:58,366
Three years, three years
and I don't get a cent.
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00:06:58,559 --> 00:07:00,869
Billy never gets so much
as a birthday card from Jimmy.
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00:07:00,928 --> 00:07:02,601
It finally takes a judge
to make him show up.
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00:07:02,663 --> 00:07:04,939
And then he thinks
he's got the right to tell me how to live my life.
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00:07:04,999 --> 00:07:06,672
He objected
to your relationship?
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00:07:06,734 --> 00:07:09,305
Yeah.
I think callin' me a slut would qualify, don't you?
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00:07:09,370 --> 00:07:11,077
BRISCOE: What's your
boyfriend's name?
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00:07:11,138 --> 00:07:12,139
Terry.
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00:07:13,607 --> 00:07:14,779
Terry Fullmer.
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00:07:14,842 --> 00:07:16,549
What was the fight about?
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00:07:16,610 --> 00:07:19,489
I guess Jimmy didn't like
the way Terry was lookin' at him or something,
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00:07:19,547 --> 00:07:21,049
'cause he said something
to Terry
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00:07:21,115 --> 00:07:23,686
and then Terry
said something back and Jimmy swung on him.
169
00:07:23,751 --> 00:07:25,128
This Terry?
Yeah.
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00:07:26,654 --> 00:07:28,156
Heavyset white guy.
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00:07:29,323 --> 00:07:31,963
Terry's been
the only man in Billy's life.
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00:07:32,893 --> 00:07:35,396
He buys him things,
babysits.
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00:07:36,964 --> 00:07:38,307
He's a good person.
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00:07:39,900 --> 00:07:41,436
I met the guy
a couple times.
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00:07:41,502 --> 00:07:43,311
I take it you two
didn't get along.
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00:07:43,637 --> 00:07:45,310
He treated
Laura like crap, and Billy.
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00:07:45,372 --> 00:07:48,182
So, no, he wasn't
my favorite person on God's green Earth.
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00:07:48,242 --> 00:07:50,085
Laura says you've been
helping out, huh?
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00:07:50,144 --> 00:07:53,353
That's what a grown man does.
Takes care of his family.
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00:07:53,414 --> 00:07:55,189
Not like Foley.
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00:07:55,249 --> 00:07:57,160
Deadbeat wouldn't even
fork over a couple bucks
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00:07:57,218 --> 00:07:59,323
for diapers
when money was tight.
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00:07:59,887 --> 00:08:01,560
That must've really
pissed you off,
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00:08:01,622 --> 00:08:03,659
paying for a kid
who wasn't yours.
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00:08:03,724 --> 00:08:06,102
Wasn't the way I saw it,
but what's your point?
186
00:08:06,794 --> 00:08:08,774
A witness ID'd you
arguing with Foley
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00:08:08,829 --> 00:08:11,207
in front of
his apartment building a few weeks ago.
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00:08:11,265 --> 00:08:12,642
We had some words.
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00:08:12,700 --> 00:08:14,577
I was just tryin'
to get him to come to court.
190
00:08:14,635 --> 00:08:16,137
You wanna tell us
where you were last night?
191
00:08:16,203 --> 00:08:17,307
With Laura at home.
192
00:08:17,371 --> 00:08:18,782
That's not much
of an alibi.
193
00:08:18,839 --> 00:08:20,477
You think
I killed Foley?
194
00:08:20,541 --> 00:08:22,953
Much as I hated the hump,
I wouldn't do that to Billy.
195
00:08:23,010 --> 00:08:24,717
Guy was still his father.
196
00:08:24,778 --> 00:08:27,952
Look, I was just
tryin' to do right by Laura and the kid.
197
00:08:28,282 --> 00:08:30,626
Then, uh, you won't mind
if we borrow your shirt.
198
00:08:31,218 --> 00:08:32,288
For what?
199
00:08:32,353 --> 00:08:35,163
Hey, man, if you don't
want to cooperate, we'll come back with a warrant.
200
00:08:35,222 --> 00:08:36,929
I got nothin' to hide.
201
00:08:36,991 --> 00:08:39,335
Foley hardly even knew
his own kid's name.
202
00:08:39,393 --> 00:08:41,873
Whoever did this to him,
he had it coming.
203
00:08:43,764 --> 00:08:46,244
No fiber match
on Fullmer's shirt.
204
00:08:46,300 --> 00:08:49,213
Even if there were,
you'd still have to put him at the scene.
205
00:08:49,270 --> 00:08:51,477
We re-canvassed
the building with Fullmer's photo,
206
00:08:51,539 --> 00:08:53,143
to see if anybody saw him
the night of the murder.
207
00:08:53,207 --> 00:08:55,346
No luck.
Excuse me, Lieutenant.
208
00:08:55,409 --> 00:08:57,082
Prints from Foley's
apartment came back.
209
00:08:57,144 --> 00:08:58,589
Thanks, Cordova.
210
00:08:59,380 --> 00:09:01,087
Any matches for Fullmer?
211
00:09:01,148 --> 00:09:02,650
I don't see his name.
212
00:09:02,716 --> 00:09:04,389
But AFIS hit on
eight partials,
213
00:09:04,451 --> 00:09:06,328
generated a list
of possibles.
214
00:09:06,387 --> 00:09:07,525
Wow.
215
00:09:07,588 --> 00:09:10,296
So much
for not consorting with known felons.
216
00:09:10,357 --> 00:09:12,234
Most of these
are drug charges.
217
00:09:12,293 --> 00:09:14,603
Another successful
probationer.
218
00:09:14,662 --> 00:09:17,268
Here's one guy with
a manslaughter rap.
219
00:09:17,731 --> 00:09:20,541
Maybe Foley shorted
the wrong customer.
220
00:09:24,204 --> 00:09:25,877
I ain't seen Foley
in almost a year.
221
00:09:25,940 --> 00:09:29,114
That's funny. The neighbor
says she remembers your face pretty good.
222
00:09:29,176 --> 00:09:31,247
Says you used to come up
to see him all the time.
223
00:09:31,312 --> 00:09:32,586
Social visits,
Mr. Lynch?
224
00:09:32,646 --> 00:09:35,058
Hey, look,
just 'cause a guy goes to see another guy,
225
00:09:35,115 --> 00:09:36,890
doesn't mean
anything illegal happened.
226
00:09:37,017 --> 00:09:38,690
It does if
they're both felons.
227
00:09:38,786 --> 00:09:40,993
Or if one of them got
his skull smashed in.
228
00:09:41,055 --> 00:09:42,398
Well, what are
you talking about?
229
00:09:42,456 --> 00:09:45,027
Your friend Foley
got himself killed.
230
00:09:45,092 --> 00:09:46,537
Now, your prints
being there,
231
00:09:46,594 --> 00:09:49,302
plus your previously
demonstrated willingness
232
00:09:49,363 --> 00:09:51,138
to take a man's life,
233
00:09:51,198 --> 00:09:53,644
maybe you might wanna
help us out on this.
234
00:09:59,306 --> 00:10:00,910
When did this happen?
235
00:10:00,975 --> 00:10:03,615
ED: We're not gonna
help you out with an alibi, Mr. Lynch.
236
00:10:03,677 --> 00:10:06,180
Yeah. I work every night.
I get on at 6:00, I'm here 'till midnight.
237
00:10:06,246 --> 00:10:07,884
If it happened between then,
it couldn't have been me.
238
00:10:07,948 --> 00:10:11,225
But you have seen him more
recently than a year ago, haven't you?
239
00:10:11,285 --> 00:10:14,391
BRISCOE:
When was the last time you saw him?
240
00:10:14,455 --> 00:10:16,264
Hey, man,
don't make us go to your PO.
241
00:10:16,357 --> 00:10:17,700
Maybe three,
four months ago.
242
00:10:17,758 --> 00:10:19,203
I heard he was movin'
a lot of product
243
00:10:19,259 --> 00:10:20,795
out of that club
he worked at.
244
00:10:20,861 --> 00:10:23,034
And you weren't too happy
just being a busboy?
245
00:10:23,097 --> 00:10:24,371
Only nothin' happened.
246
00:10:24,431 --> 00:10:26,911
Foley got busted himself
a few days before I saw him.
247
00:10:26,967 --> 00:10:29,174
Said it was a lot of coke
and he had to lay low for awhile.
248
00:10:29,236 --> 00:10:30,840
We heard it was
just a few grams.
249
00:10:30,904 --> 00:10:34,249
I guess some of it
got lost on the way to the station house.
250
00:10:34,808 --> 00:10:37,482
Look, all I know is Foley
said he wasn't going to jail.
251
00:10:38,679 --> 00:10:40,124
Why do you want to
know about Foley?
252
00:10:40,180 --> 00:10:42,660
We were just wondering
how he got off with a jaywalking ticket
253
00:10:42,716 --> 00:10:44,787
on a half pound of coke.
254
00:10:44,852 --> 00:10:46,331
Problems with the search.
255
00:10:46,387 --> 00:10:48,458
You had
a valid search warrant. We pulled your jacket.
256
00:10:48,522 --> 00:10:50,627
Where do you get off
pulling one of my case files?
257
00:10:50,691 --> 00:10:53,831
The case came in
A1 weight, it went out C weight.
258
00:10:54,328 --> 00:10:56,308
I don't think I like
your implication, Detective.
259
00:10:56,363 --> 00:10:58,138
And I don't think
we like being told the same story
260
00:10:58,198 --> 00:10:59,768
you supplied
the probation officer.
261
00:11:00,134 --> 00:11:02,114
Why all this interest
in a maggot like Foley?
262
00:11:02,169 --> 00:11:05,616
ED: Because this maggot
got himself murdered the other day.
263
00:11:07,408 --> 00:11:08,409
I hadn't heard.
264
00:11:08,742 --> 00:11:09,812
So now you want
to tell us
265
00:11:09,877 --> 00:11:13,051
how Foley got himself
a "get out of jail free" card?
266
00:11:14,948 --> 00:11:16,621
We flipped him.
267
00:11:16,817 --> 00:11:18,797
Foley was
a confidential informant.
268
00:11:26,026 --> 00:11:27,130
A Cl?
Yeah.
269
00:11:27,194 --> 00:11:29,868
Narcotics said
that they'd been sitting on Foley for months,
270
00:11:29,930 --> 00:11:32,501
got a tip that he'd been
moving some real quantity out of this club.
271
00:11:32,566 --> 00:11:33,738
How much did they find?
272
00:11:33,801 --> 00:11:36,042
A half a pound
of uncut cocaine.
273
00:11:36,103 --> 00:11:38,743
So they
get their information and Foley gets probation.
274
00:11:38,806 --> 00:11:41,946
And the PO gets
some bogus story about a search gone bad.
275
00:11:42,042 --> 00:11:44,579
Yeah. Give me
a nice clean homicide any day.
276
00:11:44,645 --> 00:11:47,057
How much information
did Foley provide?
277
00:11:47,114 --> 00:11:48,889
Well, according to the cops
who handle him,
278
00:11:48,949 --> 00:11:50,553
in three months,
Foley's dropped a dime
279
00:11:50,617 --> 00:11:52,426
on about half
a dozen bad guys.
280
00:11:52,486 --> 00:11:54,625
Do they think anyone
found out about it?
281
00:11:54,688 --> 00:11:56,258
BRISCOE:
There's one for sure.
282
00:11:57,491 --> 00:11:58,697
"Glenn Edwards."
283
00:11:59,326 --> 00:12:01,670
Foley testified
against him at the trial.
284
00:12:01,729 --> 00:12:04,539
He got transferred
to Sing Sing a month ago.
285
00:12:04,598 --> 00:12:06,737
Whose turn is it
to put in for gas money?
286
00:12:12,539 --> 00:12:14,849
You wasted a trip.
I got nothing against Foley.
287
00:12:14,908 --> 00:12:17,946
BRISCOE:
That's funny, we heard he sent you here.
288
00:12:18,011 --> 00:12:19,684
Guess he did
what he had to do.
289
00:12:19,747 --> 00:12:21,249
That's a pretty
enlightened attitude
290
00:12:21,315 --> 00:12:22,589
you got there,
Mr. Edwards.
291
00:12:22,649 --> 00:12:24,128
Now if I found out
some guy ratted me out...
292
00:12:24,184 --> 00:12:26,755
What comes around,
goes around, why sweat it.
293
00:12:26,820 --> 00:12:28,561
Then you knew
Foley was dead?
294
00:12:28,622 --> 00:12:31,034
My people thought the news
might cheer me up.
295
00:12:31,158 --> 00:12:33,468
Yeah,
we were thinking the same thing.
296
00:12:34,394 --> 00:12:35,395
Yeah?
297
00:12:36,330 --> 00:12:37,707
Well, I got
a pretty good alibi.
298
00:12:37,765 --> 00:12:40,041
BRISCOE: Well, doesn't
mean you couldn't have had one of your people
299
00:12:40,100 --> 00:12:41,807
arrange it though,
does it?
300
00:12:41,869 --> 00:12:45,248
Just 'cause I fanned
a few flames doesn't mean I set the fire.
301
00:12:45,305 --> 00:12:46,784
Meaning what?
302
00:12:46,840 --> 00:12:49,650
Look into a dude
Foley capped about 10 years ago.
303
00:12:49,710 --> 00:12:52,088
What? He came back from
the dead for revenge?
304
00:12:52,146 --> 00:12:54,922
Foley skated on the murder
but it turns out
305
00:12:55,015 --> 00:12:57,757
the guy who's actually
convicted for it is right here in this prison.
306
00:12:57,818 --> 00:12:59,798
ED: And you
know this how?
307
00:12:59,953 --> 00:13:02,433
Told you.
What goes around, comes around.
308
00:13:02,489 --> 00:13:03,661
When I got
transferred here,
309
00:13:03,724 --> 00:13:07,433
I found myself
on the same cell block with an innocent man.
310
00:13:07,828 --> 00:13:09,068
I just thought
he might like to know
311
00:13:09,129 --> 00:13:11,541
who he's doin
his time for, that's all.
312
00:13:13,467 --> 00:13:15,947
Edwards never told me
anything about anybody named Foley.
313
00:13:16,003 --> 00:13:17,573
Now why would he make
something like that up.
314
00:13:17,638 --> 00:13:18,776
How do I know?
315
00:13:18,839 --> 00:13:20,614
He's the one
who had the beef with this guy.
316
00:13:20,674 --> 00:13:22,984
And he just happens
to point the finger at you?
317
00:13:23,043 --> 00:13:25,353
Things like that
happen in here all the time.
318
00:13:25,746 --> 00:13:27,225
Look, I don't know
why he would tell you
319
00:13:27,281 --> 00:13:29,352
that he talked to me
about Foley. He didn't.
320
00:13:29,416 --> 00:13:31,862
So you never heard
of James Foley?
321
00:13:32,486 --> 00:13:34,693
ED: Look, Mr. Campbell,
the warden says
322
00:13:34,755 --> 00:13:37,998
that you've been
proclaiming your innocence since you set foot in here.
323
00:13:38,058 --> 00:13:40,004
Doesn't seem
to have done me much good, does it?
324
00:13:40,060 --> 00:13:42,336
Well, who knows,
maybe today's your lucky day.
325
00:13:43,163 --> 00:13:46,144
I been up here for 12 years
for a crime I didn't commit.
326
00:13:46,200 --> 00:13:49,340
The guy who was sent
here with me already died in this place.
327
00:13:49,403 --> 00:13:53,180
If my lucky day includes
two detectives accusing me of another murder,
328
00:13:53,240 --> 00:13:54,810
I think I'll just pass.
329
00:13:56,910 --> 00:14:00,551
Edwards' phone log
from Sing Sing doesn't have any outgoing calls
330
00:14:00,614 --> 00:14:02,150
within a week of
Foley's murder.
331
00:14:02,216 --> 00:14:04,196
Maybe he sent
a postcard.
332
00:14:04,518 --> 00:14:08,364
Victim in the Campbell
murder was a gang banger named David Gale.
333
00:14:08,422 --> 00:14:11,062
There was an eyewitness,
fingerprints on the murder weapon.
334
00:14:11,124 --> 00:14:13,695
Another innocent man
falsely convicted.
335
00:14:13,760 --> 00:14:15,933
This witness had
a pretty good sheet.
336
00:14:16,630 --> 00:14:18,132
Possession,
prostitution.
337
00:14:18,198 --> 00:14:21,907
Hey, like we always say,
if only all our witnesses could be choir boys.
338
00:14:21,969 --> 00:14:23,778
But the forensics
were good you said?
339
00:14:23,837 --> 00:14:25,908
Set of partials
on the gun.
340
00:14:25,973 --> 00:14:27,077
Moving on.
341
00:14:27,140 --> 00:14:28,676
Hmm. Maybe not.
342
00:14:29,309 --> 00:14:31,880
Lead detective
on the case was...
343
00:14:38,118 --> 00:14:39,529
Of course,
I remember the case.
344
00:14:39,586 --> 00:14:41,031
I made grade
because of it.
345
00:14:41,088 --> 00:14:42,328
You got grade money
in Narcotics?
346
00:14:42,389 --> 00:14:45,063
Well, city was in the midst
of a crack epidemic.
347
00:14:45,125 --> 00:14:47,537
The victim was
a Lower East Side dealer.
348
00:14:47,594 --> 00:14:50,803
One more dead crack dealer.
Practically a public service.
349
00:14:50,864 --> 00:14:54,471
Only this one was shot
in a park across from City Hall.
350
00:14:54,568 --> 00:14:58,038
The mayor went ballistic,
wanted it solved fast.
351
00:14:58,105 --> 00:14:59,175
Which you did.
352
00:14:59,239 --> 00:15:00,877
Well, I had a little
luck, you know.
353
00:15:00,941 --> 00:15:03,922
Eyewitness was a prostitute.
Said she heard shots,
354
00:15:03,977 --> 00:15:08,119
saw the co-defendants,
Campbell and a guy named Larry Martin,
355
00:15:08,181 --> 00:15:10,183
running from the car
where the victim was,
356
00:15:10,250 --> 00:15:12,821
and then we found
the murder weapon in a dumpster.
357
00:15:12,886 --> 00:15:14,126
With Campbell's
prints on it.
358
00:15:14,187 --> 00:15:16,167
Detective,
those visitor logs you asked for.
359
00:15:16,223 --> 00:15:17,463
Thank you.
360
00:15:17,724 --> 00:15:19,135
Those Campbell's
or Edward's?
361
00:15:19,192 --> 00:15:21,399
Both. He's nothing
if not thorough.
362
00:15:21,461 --> 00:15:23,998
Hey, check this out,
Campbell and Edwards both had the same visitor
363
00:15:24,064 --> 00:15:25,737
a week before
Foley's murder.
364
00:15:25,799 --> 00:15:27,574
Then again
two days later.
365
00:15:27,634 --> 00:15:29,477
Who?
Luke Campbell.
366
00:15:30,637 --> 00:15:34,107
I'm supposed to notify
corporate before I talk to law enforcement.
367
00:15:34,174 --> 00:15:36,313
This isn't about work,
Mr. Campbell.
368
00:15:36,677 --> 00:15:38,714
What's it about then?
Your brother?
369
00:15:39,279 --> 00:15:41,054
I got nothing
to say about him.
370
00:15:41,114 --> 00:15:43,253
What about, uh,
Glenn Edwards?
371
00:15:43,317 --> 00:15:44,990
ED: He's an inmate
at Sing Sing.
372
00:15:45,052 --> 00:15:48,499
The visiting log there says
you met him October 10th,
373
00:15:48,555 --> 00:15:50,296
and then again
on October 12th.
374
00:15:50,357 --> 00:15:52,303
Same days as you
saw your brother.
375
00:15:53,193 --> 00:15:55,434
ED: What's going on,
Mr. Campbell?
376
00:15:55,495 --> 00:15:58,499
This guy Edwards
said he knew something about Bobby's case.
377
00:15:58,565 --> 00:15:59,805
ED: Bobby knew
about the meetings?
378
00:15:59,866 --> 00:16:01,504
No. I went to see
this guy on my own.
379
00:16:01,568 --> 00:16:02,706
BRISCOE:
So what'd he tell you?
380
00:16:02,769 --> 00:16:06,876
Nothing. It was a scam.
He said he knew something, but he wanted money first.
381
00:16:06,974 --> 00:16:09,011
He didn't tell you
that your brother was innocent?
382
00:16:09,076 --> 00:16:10,953
That he knew who
the real killer was?
383
00:16:11,011 --> 00:16:12,354
No. He didn't.
384
00:16:12,412 --> 00:16:14,790
He didn't mention a guy
named Jimmy Foley?
385
00:16:14,848 --> 00:16:15,849
No.
386
00:16:16,550 --> 00:16:19,121
So where you were
last Tuesday night, Mr. Campbell?
387
00:16:19,753 --> 00:16:22,063
I was working
the night shift at my other job.
388
00:16:26,193 --> 00:16:29,265
Tuesday, the 18th,
Mr. Campbell was working a building in Midtown.
389
00:16:29,329 --> 00:16:30,808
8:00 p.m. to 2:00 a.m.
390
00:16:30,864 --> 00:16:32,207
ED: What kind of
job is that?
391
00:16:32,265 --> 00:16:35,644
Sit at a desk, bring a book,
try not to fall asleep kinda job.
392
00:16:35,702 --> 00:16:37,204
Is he alone
all that time?
393
00:16:37,270 --> 00:16:38,647
Well,
there's a supervisor.
394
00:16:38,705 --> 00:16:39,979
What about a break?
395
00:16:40,040 --> 00:16:42,782
Half hour for dinner.
Supervisor's gotta come by and relieve him.
396
00:16:42,843 --> 00:16:44,652
BRISCOE:
So, the boss isn't on the premises?
397
00:16:44,711 --> 00:16:46,987
He roves,
he checks each building once an hour.
398
00:16:47,047 --> 00:16:48,048
We want to talk to him.
399
00:16:48,482 --> 00:16:50,086
I can page him for you.
400
00:16:50,784 --> 00:16:53,094
Uh, excuse me,
are your guards bonded?
401
00:16:53,153 --> 00:16:54,962
We do extensive
background checks.
402
00:16:55,022 --> 00:16:57,127
Criminal history,
references, the works.
403
00:16:57,190 --> 00:16:58,669
ED: Fingerprints?
404
00:16:58,725 --> 00:17:00,033
Absolutely.
405
00:17:01,294 --> 00:17:02,466
What else you got
in the bag?
406
00:17:02,529 --> 00:17:04,475
How's it going,
Mr. Campbell?
407
00:17:04,531 --> 00:17:06,704
I'll be with you
fellas in a minute. You got a receipt?
408
00:17:06,767 --> 00:17:08,303
No, I think you're gonna
come with us now.
409
00:17:08,368 --> 00:17:09,642
Come with you where?
410
00:17:09,703 --> 00:17:11,376
Look, I told you guys
everything I know.
411
00:17:11,438 --> 00:17:13,850
Well, we think
there's a few details you left out.
412
00:17:13,907 --> 00:17:15,215
How does it feel?
413
00:17:16,276 --> 00:17:19,086
Put this T-shirt back
and consider yourself lucky.
414
00:17:23,283 --> 00:17:26,093
LUKE: I told you before,
I've never met anyone named Foley.
415
00:17:26,153 --> 00:17:30,158
Then maybe you can
explain why your prints were in his apartment?
416
00:17:30,223 --> 00:17:32,794
Prints don't lie,
Mr. Campbell. You were there.
417
00:17:33,760 --> 00:17:36,502
Look, you seem
like a decent, hardworking guy.
418
00:17:36,563 --> 00:17:38,304
You got no
criminal record.
419
00:17:38,365 --> 00:17:40,436
Why don't you
just tell us what happened.
420
00:17:40,500 --> 00:17:42,502
Help yourself out, man.
421
00:17:42,569 --> 00:17:44,105
You say that fingerprints
don't lie,
422
00:17:44,171 --> 00:17:46,447
but that is not true,
not all the time.
423
00:17:47,140 --> 00:17:48,210
Are you talking
about your brother?
424
00:17:48,275 --> 00:17:50,949
They said his fingerprints
were on that gun, but they weren't.
425
00:17:51,011 --> 00:17:52,285
And you know this how?
426
00:17:52,345 --> 00:17:54,382
'Cause Bobby was innocent.
427
00:17:55,382 --> 00:17:57,362
An eyewitness
identified him.
428
00:17:57,651 --> 00:17:58,857
And his co-defendant.
429
00:17:58,919 --> 00:18:00,057
That witness was lying.
430
00:18:00,120 --> 00:18:02,100
Oh, so now
everybody's lied right?
431
00:18:03,857 --> 00:18:06,098
Look, I know
how it sounds.
432
00:18:06,760 --> 00:18:08,706
But I didn't know
what else to do.
433
00:18:08,762 --> 00:18:10,537
So you went there
to even the score.
434
00:18:10,597 --> 00:18:12,406
No. It wasn't like that.
435
00:18:12,466 --> 00:18:14,343
Then what was it like?
436
00:18:15,102 --> 00:18:16,877
(SIGHS)
437
00:18:17,337 --> 00:18:19,214
Bobby said to let
the lawyers handle it,
438
00:18:19,272 --> 00:18:21,274
but they've been
handling it almost 12 years,
439
00:18:21,341 --> 00:18:23,048
and nothing's happened.
440
00:18:25,746 --> 00:18:29,125
When Foley came to the door,
he knew right away who I was.
441
00:18:29,182 --> 00:18:30,252
HOW?
442
00:18:30,317 --> 00:18:31,921
I don't know,
he just did.
443
00:18:31,985 --> 00:18:33,760
I bet he was
real glad to see you.
444
00:18:33,820 --> 00:18:35,857
I told him what he was
doing was wrong.
445
00:18:35,922 --> 00:18:38,698
That my brother
shouldn't be serving time for a crime he didn't commit.
446
00:18:38,759 --> 00:18:39,897
And what?
447
00:18:39,960 --> 00:18:42,497
Did you think he was
just gonna confess?
448
00:18:43,163 --> 00:18:45,541
I don't know what I thought,
but when I told him,
449
00:18:45,599 --> 00:18:48,546
he just laughed,
tried to close the door on me.
450
00:18:48,602 --> 00:18:51,105
BRISCOE: And you wouldn't
take "no" for an answer.
451
00:18:51,171 --> 00:18:54,050
I got past him,
then I just started
452
00:18:54,741 --> 00:18:57,620
looking around for,
I don't know,
453
00:18:57,677 --> 00:18:59,884
proof or something.
454
00:18:59,946 --> 00:19:02,187
That's when
he grabbed me, around my neck.
455
00:19:03,517 --> 00:19:05,463
I told him to let go
but he wouldn't.
456
00:19:05,519 --> 00:19:07,192
And so I just
pushed back and
457
00:19:09,022 --> 00:19:11,832
we fell,
he must have hit his head.
458
00:19:12,592 --> 00:19:15,766
You got that right.
Half his brains were on the floor.
459
00:19:21,334 --> 00:19:24,110
I go up to see Bobby
twice a month
460
00:19:24,404 --> 00:19:26,577
ever since I was
old enough to drive.
461
00:19:27,974 --> 00:19:29,453
For the last six months
462
00:19:30,677 --> 00:19:34,489
I've seen him giving up,
giving up hope.
463
00:19:37,083 --> 00:19:39,154
You don't know
what it's like seeing your older brother
464
00:19:39,219 --> 00:19:41,096
give up on his life.
465
00:19:43,290 --> 00:19:46,737
He's been rotting away
in that prison for 12 years,
466
00:19:46,793 --> 00:19:48,466
for a crime
he didn't commit.
467
00:19:48,528 --> 00:19:51,338
And this was my one chance
to prove his innocence.
468
00:19:52,799 --> 00:19:54,710
And now the guy's dead.
469
00:19:56,102 --> 00:19:57,342
(SNIFFLING)
470
00:20:01,141 --> 00:20:02,279
Self-defense.
471
00:20:02,342 --> 00:20:04,151
His lawyer served notice
at arraignments.
472
00:20:04,211 --> 00:20:07,283
Awfully difficult claim
to make out in another man's apartment.
473
00:20:07,347 --> 00:20:09,258
There was also a PS,
no plea.
474
00:20:10,417 --> 00:20:11,953
Was this lawyer
just over confident
475
00:20:12,018 --> 00:20:13,895
or does he know
something we don't?
476
00:20:13,954 --> 00:20:16,867
Lieutenant Van Buren
was the lead detective in the original case.
477
00:20:16,923 --> 00:20:18,732
Back when I was
in Narcotics.
478
00:20:19,326 --> 00:20:20,498
Is there anyway
they can make it seem
479
00:20:20,560 --> 00:20:22,005
like there's any truth
to what he's saying?
480
00:20:22,062 --> 00:20:23,700
That his brother's innocent?
481
00:20:23,763 --> 00:20:24,935
I don't see how.
482
00:20:24,998 --> 00:20:27,376
There was also a witness.
Brenda Warren.
483
00:20:27,434 --> 00:20:28,708
JACK:
How reliable was she?
484
00:20:28,768 --> 00:20:30,770
Reliable enough
to convince a jury.
485
00:20:30,837 --> 00:20:33,511
Bobby Campbell's prints
were also found on the murder weapon
486
00:20:33,573 --> 00:20:36,952
and his co-defendant's
blood type matched the blood at the scene.
487
00:20:37,010 --> 00:20:38,580
Doesn't matter.
488
00:20:38,645 --> 00:20:41,990
Defense counsel's
still gonna try your case all over again anyway.
489
00:20:42,048 --> 00:20:43,550
Can they do that?
490
00:20:43,617 --> 00:20:45,028
Propensity
for violence.
491
00:20:45,085 --> 00:20:48,794
If Luke Campbell can suggest
Foley was the killer in his brother's case,
492
00:20:48,855 --> 00:20:51,665
he might get a jury
to believe Foley was the aggressor in this one.
493
00:20:51,725 --> 00:20:54,103
How many bites
do these guys get?
494
00:20:54,160 --> 00:20:56,640
JACK:
We need to re-interview your witness.
495
00:20:58,298 --> 00:21:00,778
Brenda Warren had
a drug problem.
496
00:21:00,834 --> 00:21:02,814
Was there any connection
between her and Campbell?
497
00:21:02,869 --> 00:21:04,177
Any motive
for her to lie?
498
00:21:04,237 --> 00:21:06,979
I never found one.
Neither did Campbell's lawyer.
499
00:21:07,040 --> 00:21:09,543
We had the guy's
fingerprints.
500
00:21:09,609 --> 00:21:12,180
Well, it's been 10 years,
maybe they won't be able to find her.
501
00:21:12,245 --> 00:21:14,521
But if they do,
I don't want to take any chances,
502
00:21:14,581 --> 00:21:18,495
the defense finds
some way to shake her original trial testimony.
503
00:21:18,552 --> 00:21:21,032
We'll make sure
all our I's are dotted and our T's are crossed.
504
00:21:21,087 --> 00:21:22,828
They were 12 years ago.
505
00:21:26,359 --> 00:21:29,738
I don't understand,
I testified at the trial. They were both convicted.
506
00:21:29,796 --> 00:21:31,207
SERENA:
And we're very grateful to you for that.
507
00:21:31,264 --> 00:21:32,538
It's just, some things
have come up
508
00:21:32,599 --> 00:21:35,045
that might make
some people ask you about what happened again.
509
00:21:35,101 --> 00:21:37,479
What are
you talking about? What things?
510
00:21:37,537 --> 00:21:39,676
Honey, could you just
give us a minute.
511
00:21:40,373 --> 00:21:41,374
Sure.
512
00:21:44,878 --> 00:21:45,913
What things?
513
00:21:45,979 --> 00:21:48,118
Another man
has been killed.
514
00:21:48,948 --> 00:21:50,018
I don't understand.
515
00:21:50,383 --> 00:21:51,657
Well, the person
who's been arrested
516
00:21:51,718 --> 00:21:54,221
was the brother of
one of the men you testified against.
517
00:21:54,287 --> 00:21:55,288
He's after me?
518
00:21:55,355 --> 00:21:57,392
No, no.
It's nothing like that.
519
00:21:57,457 --> 00:21:59,095
Then what?
SERENA: Well, this man claims
520
00:21:59,159 --> 00:22:00,160
his brother was innocent.
521
00:22:00,226 --> 00:22:01,432
That the man he killed
a few days ago
522
00:22:01,494 --> 00:22:04,031
was the real murderer
in the case you testified in.
523
00:22:04,597 --> 00:22:06,941
How...
How could this happen?
524
00:22:07,367 --> 00:22:10,541
Some lawyers
may come by here and try to speak with you.
525
00:22:10,604 --> 00:22:12,811
No. No more lawyers.
I'm not talking to any more lawyers.
526
00:22:12,872 --> 00:22:15,978
All you have to do,
Miss Warren, is confirm what you said at trial.
527
00:22:16,042 --> 00:22:18,488
No. I am not going
through this again.
528
00:22:18,545 --> 00:22:20,786
Listen, I pulled
my life together after this trial.
529
00:22:20,847 --> 00:22:22,451
I got straight.
I got my GED.
530
00:22:22,515 --> 00:22:24,893
You can't just walk
in here and start accusing me of lying.
531
00:22:24,951 --> 00:22:27,056
We're not accusing you
of anything, Miss Warren.
532
00:22:27,954 --> 00:22:30,093
I think you should
both just leave.
533
00:22:30,156 --> 00:22:32,102
SERENA:
They can subpoena you.
534
00:22:32,158 --> 00:22:33,796
I want you to go.
535
00:22:34,260 --> 00:22:35,500
We can
subpoena you too.
536
00:22:35,562 --> 00:22:38,304
Well, then I'll just say
I don't remember.
537
00:22:38,365 --> 00:22:39,400
Miss Warren, please.
538
00:22:39,466 --> 00:22:41,343
No. I said
get out of my house!
539
00:22:45,472 --> 00:22:47,509
Hope she was
a little more cooperative than that at the trial.
540
00:22:47,574 --> 00:22:49,918
Well, she testified
over 12 years ago
541
00:22:49,976 --> 00:22:51,580
and now we show up
at her door and ask her to go
542
00:22:51,644 --> 00:22:53,282
through it
all over again.
543
00:22:53,346 --> 00:22:54,552
It doesn't surprise me.
544
00:22:54,614 --> 00:22:55,888
Oh, come on,
you're not gonna really tell me
545
00:22:55,949 --> 00:22:57,292
something else
wasn't going on back there
546
00:22:57,350 --> 00:22:58,658
other than
a little reluctance?
547
00:22:58,718 --> 00:23:01,665
I don't know
what was going on, Serena, and neither do you.
548
00:23:02,989 --> 00:23:04,195
Well, what about
the reward money?
549
00:23:04,257 --> 00:23:05,531
She was a crack addict,
right?
550
00:23:05,592 --> 00:23:08,163
She didn't know
about the reward before she came forward.
551
00:23:08,228 --> 00:23:09,605
Look, she was a junkie.
552
00:23:09,663 --> 00:23:12,439
Maybe her new husband
doesn't know anything about that.
553
00:23:12,499 --> 00:23:14,069
Who knows what
she's afraid of now.
554
00:23:14,134 --> 00:23:16,910
Well, whatever it is,
we better find it before defense counsel does.
555
00:23:16,970 --> 00:23:18,916
Well, even if she does
change her story,
556
00:23:18,972 --> 00:23:21,748
we still have
Campbell's prints on the murder weapon.
557
00:23:25,912 --> 00:23:29,519
You're joking, right?
You're talking about a case that's over 12 years old.
558
00:23:29,582 --> 00:23:31,391
Well, you keep your records
somewhere, don't you?
559
00:23:31,451 --> 00:23:34,125
Why do you need them?
Campbell's kid brother is makin' noise
560
00:23:34,187 --> 00:23:36,258
about him being innocent.
561
00:23:36,322 --> 00:23:38,563
Apple doesn't fall far,
does it?
562
00:23:38,625 --> 00:23:39,933
SERENA: Look, I know
it's a little inconvenient
563
00:23:39,993 --> 00:23:42,166
but we have a situation now
that we need to deal with.
564
00:23:42,228 --> 00:23:43,468
What kind of situation?
565
00:23:43,530 --> 00:23:46,739
The eyewitness,
we tracked her down just to cover all the bases.
566
00:23:46,800 --> 00:23:48,279
She acted
a little skittish.
567
00:23:48,334 --> 00:23:49,404
We're not sure
we're gonna be able
568
00:23:49,469 --> 00:23:51,005
to count on her
this time around.
569
00:23:51,271 --> 00:23:53,547
Oh, well, you may
have more of a situation than you thought.
570
00:23:53,606 --> 00:23:55,916
VAN BUREN: What do you mean?
Well, we archive all the physical reports
571
00:23:55,975 --> 00:23:57,648
once the guy's
last appeal's denied.
572
00:23:57,911 --> 00:24:00,152
Tell me who to contact
and I'll have the file requisitioned.
573
00:24:00,213 --> 00:24:03,092
Remember that
water main that burst about five years ago?
574
00:24:03,149 --> 00:24:04,594
Don't tell us.
575
00:24:04,651 --> 00:24:05,652
Yeah.
576
00:24:05,719 --> 00:24:07,892
Flooded our record room
downtown.
577
00:24:07,954 --> 00:24:10,730
Campbell's prints
are probably in the Gulf Stream by now.
578
00:24:12,092 --> 00:24:14,732
Whoever said
that justice delayed was justice denied,
579
00:24:14,794 --> 00:24:16,637
obviously never worked
in the system.
580
00:24:16,696 --> 00:24:19,506
This witness recants,
it's a whole new ball game for both the Campbells.
581
00:24:19,566 --> 00:24:21,637
Well, with any luck,
it won't come down to this witness.
582
00:24:21,701 --> 00:24:23,840
The fingerprint lift
is definitely gone,
583
00:24:23,903 --> 00:24:27,350
but the CSU techs take
photos of the dusted prints before they lift them.
584
00:24:27,407 --> 00:24:29,182
The police department
still has those.
585
00:24:29,242 --> 00:24:31,813
They're in
an evidence locker in Brooklyn.
586
00:24:31,878 --> 00:24:33,084
JACK: We're sure
they're still there?
587
00:24:33,146 --> 00:24:35,319
I sent Briscoe and Green
over there this afternoon
588
00:24:35,381 --> 00:24:37,486
to walk them
to the lab themselves.
589
00:24:37,550 --> 00:24:40,190
Well, call them back
and tell them to pick them up.
590
00:24:40,253 --> 00:24:42,233
I'm not having
the same lab do the test,
591
00:24:42,288 --> 00:24:43,824
that lost the results
in the first place.
592
00:24:44,591 --> 00:24:46,935
I know this
fingerprint examiner.
593
00:24:46,993 --> 00:24:49,303
She's been
with the department 19 years.
594
00:24:49,362 --> 00:24:52,275
I'm not questioning
her professionalism, Lieutenant.
595
00:24:52,332 --> 00:24:55,609
I'd just rather
not give defense counsel any ammunition to argue
596
00:24:55,668 --> 00:24:59,081
that the lab that couldn't
even keep their evidence dry shouldn't be trusted.
597
00:25:00,106 --> 00:25:01,813
Who do you want
to do the analysis?
598
00:25:03,243 --> 00:25:05,621
Send the photos over
to the FBI.
599
00:25:05,678 --> 00:25:08,318
In the meantime,
let's see if we can't get a DNA comparison
600
00:25:08,381 --> 00:25:11,521
on the blood that was linked
to Campbell's co-defendant.
601
00:25:11,584 --> 00:25:12,892
Yeah. Anita,
your detectives
602
00:25:12,952 --> 00:25:14,488
dropped them off
a few hours ago.
603
00:25:14,554 --> 00:25:16,556
I was just about
to take a look at 'em.
604
00:25:16,623 --> 00:25:18,660
You know,
it's gonna be fun working with you again.
605
00:25:18,725 --> 00:25:21,535
Well, there's been
a little change in plans, Lisa.
606
00:25:21,594 --> 00:25:23,267
What happened?
The kid took a plea?
607
00:25:23,329 --> 00:25:27,709
Actually, the D.A.'s
gonna have the FBI lab do the fingerprint analysis.
608
00:25:30,236 --> 00:25:32,739
The FBI?
Why, for God sake?
609
00:25:33,072 --> 00:25:35,245
Well, there's just
a feeling that the loss
610
00:25:35,308 --> 00:25:37,310
of the original file
could be used
611
00:25:37,377 --> 00:25:39,379
by some lawyer
as a smokescreen.
612
00:25:39,446 --> 00:25:41,289
Oh, so now
a broken water main is my fault.
613
00:25:41,347 --> 00:25:44,851
It's no one's fault.
They just don't want to create a problem
614
00:25:44,918 --> 00:25:46,192
if they don't have to.
615
00:25:46,886 --> 00:25:48,365
Well, it's ridiculous.
616
00:25:48,822 --> 00:25:49,960
I'm the lab supervisor.
617
00:25:50,023 --> 00:25:51,331
You know, no one's
gonna embarrass me,
618
00:25:51,391 --> 00:25:52,995
especially some
defense lawyer.
619
00:25:53,126 --> 00:25:54,696
That's exactly
what I told them.
620
00:25:54,761 --> 00:25:56,104
I mean,
how many hours did you and I
621
00:25:56,162 --> 00:25:58,142
put into this case
in the first place?
622
00:25:58,198 --> 00:25:59,541
Too many to count.
623
00:25:59,599 --> 00:26:02,239
Look, this conviction
helped me get off the lieutenant's list
624
00:26:02,302 --> 00:26:03,781
after I took the exam.
625
00:26:03,836 --> 00:26:05,907
I am not gonna
let this guy slip away now.
626
00:26:06,439 --> 00:26:08,885
Well, it's not right, Anita,
and you know it.
627
00:26:09,709 --> 00:26:11,052
Take 'em.
628
00:26:20,787 --> 00:26:22,095
What are we looking at?
629
00:26:22,155 --> 00:26:24,499
They're called
ridge characteristics,
630
00:26:24,557 --> 00:26:27,094
areas where the ridges
at the end of the fingertips
631
00:26:27,160 --> 00:26:29,140
abruptly end or split.
632
00:26:29,195 --> 00:26:31,266
If two prints share
enough of these, they match.
633
00:26:31,631 --> 00:26:32,803
I always thought
you just laid prints
634
00:26:32,865 --> 00:26:34,742
on top of one another
like tracing paper.
635
00:26:34,801 --> 00:26:36,781
It's common
misperception.
636
00:26:36,836 --> 00:26:39,749
Latent prints are often
smudged, or overlap.
637
00:26:39,806 --> 00:26:41,308
Plus, the pressure
you press down with
638
00:26:41,374 --> 00:26:42,944
changes how
a print looks.
639
00:26:43,009 --> 00:26:44,989
We're actually comparing
very different things
640
00:26:45,044 --> 00:26:47,217
and trying to say
they're similar enough.
641
00:26:47,513 --> 00:26:49,186
How similar
do they have to be?
642
00:26:49,249 --> 00:26:52,890
Well, different labs have
different minimum numbers of matching detail.
643
00:26:52,952 --> 00:26:54,192
There's no
universal standard?
644
00:26:54,554 --> 00:26:57,091
Some require
10 for a match, others 15.
645
00:26:57,190 --> 00:26:58,601
New York City has
no minimum number.
646
00:26:58,658 --> 00:27:01,935
Each individual examiner
has his own standard.
647
00:27:01,995 --> 00:27:04,066
So what about
our print?
648
00:27:04,130 --> 00:27:05,939
Well, according to
the trial transcript,
649
00:27:05,999 --> 00:27:07,740
your original
examiner testified
650
00:27:07,800 --> 00:27:10,007
that she observed
six matching points,
651
00:27:10,069 --> 00:27:11,605
which is her
minimum number.
652
00:27:11,938 --> 00:27:13,315
Isn't that enough?
653
00:27:13,373 --> 00:27:16,650
First of all,
six is an extremely low number.
654
00:27:16,709 --> 00:27:20,486
But more importantly,
I couldn't even figure out how she'd found six.
655
00:27:20,547 --> 00:27:22,356
I mean,
they just aren't there.
656
00:27:22,448 --> 00:27:24,428
And all this means what?
It's not Campbell's print?
657
00:27:24,617 --> 00:27:26,858
I can't really say
whose it is.
658
00:27:26,920 --> 00:27:28,922
What I can say,
is that your examiner
659
00:27:28,988 --> 00:27:31,400
never should have testified
that this print was a match
660
00:27:31,457 --> 00:27:33,164
with Campbell's
to begin with.
661
00:27:36,629 --> 00:27:38,074
It's that subjective?
662
00:27:38,931 --> 00:27:42,276
JACK: It's bound to be.
They're trying to judge similarities.
663
00:27:42,335 --> 00:27:43,370
What about
the eyewitness?
664
00:27:43,436 --> 00:27:45,245
Lieutenant Van Buren and I
re-interviewed her.
665
00:27:45,305 --> 00:27:47,285
She was extremely
uncooperative.
666
00:27:47,340 --> 00:27:48,819
So then there is
a reasonable chance
667
00:27:48,875 --> 00:27:51,253
that Campbell has been
wrongfully convicted.
668
00:27:51,310 --> 00:27:54,018
We should know more
once the DNA on the blood comes back.
669
00:27:54,080 --> 00:27:55,718
Either way it means
his brother's
670
00:27:55,782 --> 00:27:58,854
going to be able to
raise questions about Foley in his case as well.
671
00:27:58,918 --> 00:28:01,694
You know, Russo's been
in that lab for 19 years.
672
00:28:01,955 --> 00:28:04,094
What if she's had her finger
on the scale all along?
673
00:28:04,357 --> 00:28:07,338
No telling how many cases
get reversed if that's true.
674
00:28:07,393 --> 00:28:10,567
But I'd rather
not open the floodgates based on speculation.
675
00:28:10,963 --> 00:28:13,000
Randomly test 20
of her cases.
676
00:28:14,067 --> 00:28:16,741
Let's find out
if we got a cop in a lab coat.
677
00:28:17,670 --> 00:28:20,776
I found seven false positives
out of the 20 that I tested.
678
00:28:22,408 --> 00:28:24,479
It's almost a third.
Statistically, it's impossible
679
00:28:24,544 --> 00:28:27,252
that she just kept making
that many mistakes.
680
00:28:27,313 --> 00:28:29,020
And it gets worse.
How?
681
00:28:29,649 --> 00:28:31,754
The original
forensics team recovered
682
00:28:31,851 --> 00:28:34,388
over a dozen partial prints
from inside the car
683
00:28:34,487 --> 00:28:36,091
where the victim
had been shot.
684
00:28:36,155 --> 00:28:39,261
Now, fortunately,
those prints were kept in a file at another location.
685
00:28:39,325 --> 00:28:43,205
At the time,
this examiner declared them all unidentifiable.
686
00:28:43,262 --> 00:28:44,639
That wasn't true.
687
00:28:45,431 --> 00:28:47,308
FBI agent found
a print in the vehicle
688
00:28:47,367 --> 00:28:49,074
with an eight point
comparison.
689
00:28:49,135 --> 00:28:52,378
AFIS spit out a possible,
belongs to a guy named Ray Gifford.
690
00:28:52,438 --> 00:28:53,508
Who's he?
691
00:28:53,573 --> 00:28:56,110
He and Foley
were arrested together over a half dozen times.
692
00:28:56,175 --> 00:28:57,415
Where's Gifford now?
693
00:28:57,477 --> 00:29:01,357
In a state prison in Florida
doing life without parole on a drug sale.
694
00:29:01,447 --> 00:29:03,051
An eight point comparison.
695
00:29:04,817 --> 00:29:06,558
So you never looked
into Gifford?
696
00:29:06,819 --> 00:29:10,164
I never even heard
of him or Foley until a few weeks ago.
697
00:29:10,223 --> 00:29:13,864
I had an eyewitness
who had already ID'd Campbell and Martin,
698
00:29:13,926 --> 00:29:15,769
and then the print
came back.
699
00:29:15,828 --> 00:29:18,001
SERENA:
The only theory of the case had two assailants.
700
00:29:18,064 --> 00:29:20,374
Foley's prints
are as good a match to the print on the gun
701
00:29:20,433 --> 00:29:21,912
as Campbell's,
and he admitted the killing
702
00:29:21,968 --> 00:29:23,777
to our friend Edwards
up in Sing Sing.
703
00:29:24,070 --> 00:29:26,243
And Brenda Warren
ran drugs for Gifford.
704
00:29:27,040 --> 00:29:30,078
So if Gifford and Foley
committed the murder,
705
00:29:30,143 --> 00:29:31,918
it means Campbell
and Martin were innocent.
706
00:29:34,514 --> 00:29:36,187
I don't understand.
707
00:29:37,116 --> 00:29:39,858
Does this Russo
just make stuff up out of whole cloth?
708
00:29:39,919 --> 00:29:43,867
Jack, I have known
Lisa Russo a long time.
709
00:29:43,923 --> 00:29:46,062
She has always been
good people
710
00:29:46,125 --> 00:29:47,866
and the best in the lab.
711
00:29:47,927 --> 00:29:51,306
The FBI found seven other
false positives that weren't even close.
712
00:29:52,699 --> 00:29:55,942
JACK:
Get the paperwork started to get Campbell released.
713
00:29:56,002 --> 00:29:58,312
SERENA:
What do you want to do about Brenda Warren?
714
00:29:59,705 --> 00:30:01,776
Pick her up
for perjury.
715
00:30:08,881 --> 00:30:10,861
Bobby Campbell
was just released.
716
00:30:10,917 --> 00:30:13,261
And I made arrangements
for Luke Campbell to be there when he was.
717
00:30:13,319 --> 00:30:15,799
We dismissed
Luke Campbell's case, right?
718
00:30:15,855 --> 00:30:18,859
His older brother
just spent more than 12 years in jail
719
00:30:18,925 --> 00:30:20,370
for a crime
he didn't commit.
720
00:30:20,426 --> 00:30:21,803
There isn't a jury
in the world
721
00:30:21,861 --> 00:30:23,534
that would reject
self-defense and convict him.
722
00:30:23,596 --> 00:30:25,542
I'm not sure I'd want
to ask them to anyway.
723
00:30:26,465 --> 00:30:29,241
What are our chances
if we go after Russo for manslaughter?
724
00:30:30,403 --> 00:30:32,747
We'd have to show
she knowingly lied
725
00:30:32,805 --> 00:30:34,944
and that her lie led
to Martin's death.
726
00:30:35,675 --> 00:30:37,677
But, for all we know,
she was using her judgment.
727
00:30:38,377 --> 00:30:41,290
The system can't be based
just on judgment calls.
728
00:30:41,347 --> 00:30:43,384
There has to be
a set of standards.
729
00:30:43,449 --> 00:30:45,656
Standards might not
take into account
730
00:30:45,718 --> 00:30:48,426
the complexity of
fingerprint analysis.
731
00:30:48,488 --> 00:30:51,594
Everything in the system
relies on people's judgment, Nora.
732
00:30:51,657 --> 00:30:53,637
But when people
cross the line,
733
00:30:53,693 --> 00:30:55,172
they need to be
held accountable.
734
00:30:55,228 --> 00:30:57,902
We have no proof
that Russo knowingly lied.
735
00:30:57,964 --> 00:31:00,342
Every one of her
so called mistakes
736
00:31:00,400 --> 00:31:02,209
was made in favor
of the prosecution.
737
00:31:02,268 --> 00:31:06,739
To me, that means,
she was neither mistaken nor is she incompetent.
738
00:31:06,806 --> 00:31:12,085
We'd also have to prove
that Martin's death was a foreseeable consequence.
739
00:31:12,178 --> 00:31:13,657
In Sing Sing?
Yeah.
740
00:31:14,614 --> 00:31:17,618
Prison officials
won't like us airing their laundry.
741
00:31:19,118 --> 00:31:20,995
Then they should
clean up their act.
742
00:31:24,257 --> 00:31:25,668
What now?
743
00:31:27,059 --> 00:31:29,130
I need you to come down
to the precinct.
744
00:31:29,195 --> 00:31:30,469
I've got a lab to run.
745
00:31:30,529 --> 00:31:31,769
Get somebody to cover.
746
00:31:31,831 --> 00:31:33,811
I'm giving you
a heads up here, Lisa.
747
00:31:33,866 --> 00:31:35,573
You know what, Anita,
748
00:31:35,635 --> 00:31:37,911
I'm done being polite
because we're friends.
749
00:31:37,970 --> 00:31:40,143
I even watched
while you people let a convicted murderer
750
00:31:40,206 --> 00:31:41,685
walk out the door.
751
00:31:41,741 --> 00:31:43,482
I'm not gonna be
quiet anymore.
752
00:31:43,543 --> 00:31:46,114
Well, if you
do start talking, I have to warn you
753
00:31:46,179 --> 00:31:47,886
you have the right
to remain silent.
754
00:31:47,947 --> 00:31:49,358
What the hell is this?
Lisa Russo, you're under arrest
755
00:31:49,415 --> 00:31:52,225
for manslaughter
in the death of Larry Martin.
756
00:31:54,086 --> 00:31:55,463
You have the right
to an attorney.
757
00:31:55,521 --> 00:31:58,297
If you cannot afford one,
one will be provided for you.
758
00:31:58,391 --> 00:32:00,393
You understand
these rights...
759
00:32:03,262 --> 00:32:05,367
She's a civil servant
what are you arraigning her on?
760
00:32:05,431 --> 00:32:06,501
JACK: Man two.
761
00:32:06,566 --> 00:32:07,772
SERENA:
And there's no offer.
762
00:32:07,833 --> 00:32:11,042
Oh, come on.
You don't have a chance at trial and you know it.
763
00:32:11,804 --> 00:32:13,215
She'll take an unpaid leave
for six months,
764
00:32:13,272 --> 00:32:14,945
go through
rigorous retraining.
765
00:32:15,007 --> 00:32:16,543
This isn't a negotiation.
766
00:32:16,609 --> 00:32:17,883
You're right.
767
00:32:17,944 --> 00:32:21,084
Without proof that she acted
with any criminal intent, it's a witch-hunt.
768
00:32:21,147 --> 00:32:23,491
Your client got up
in a court of law and lied,
769
00:32:23,549 --> 00:32:27,053
knowing these juries
would rely on her testimony.
770
00:32:27,119 --> 00:32:28,757
Innocent men
were sent to prison.
771
00:32:28,821 --> 00:32:30,562
One of them's dead
because of it.
772
00:32:30,623 --> 00:32:32,660
Any way you cut it,
it's manslaughter.
773
00:32:32,725 --> 00:32:34,204
(SIGHS DEEPLY)
774
00:32:34,260 --> 00:32:36,001
I can't believe this.
775
00:32:36,529 --> 00:32:38,941
You would send me to jail
for doing my job?
776
00:32:38,998 --> 00:32:41,137
Not a word, Lisa.
Not another word.
777
00:32:41,200 --> 00:32:42,577
We're done.
778
00:32:51,944 --> 00:32:55,118
Larry and I were
doing construction back in '90.
779
00:32:55,181 --> 00:32:58,526
JACK: What, if anything,
happened on June 8th of that year?
780
00:32:59,185 --> 00:33:02,359
Two detectives came
and arrested us for murder.
781
00:33:02,421 --> 00:33:04,492
They said
they had a witness that saw me and Larry
782
00:33:04,557 --> 00:33:06,332
kill some guy
near the job site.
783
00:33:06,392 --> 00:33:08,065
What did you think
at the time?
784
00:33:08,127 --> 00:33:11,165
Well, at first
I wasn't scared.
785
00:33:11,230 --> 00:33:12,732
I mean, I was innocent.
786
00:33:13,666 --> 00:33:15,270
I didn't know
who this guy was,
787
00:33:15,334 --> 00:33:16,972
or how he got killed,
or anything like that.
788
00:33:17,036 --> 00:33:20,381
Then this
one female detective came to see me in jail.
789
00:33:20,439 --> 00:33:23,113
Said they'd matched
my fingerprints with the gun.
790
00:33:24,076 --> 00:33:26,886
After that it was
like a nightmare.
791
00:33:27,747 --> 00:33:29,021
What happened?
792
00:33:29,749 --> 00:33:31,626
The jury convicted me.
793
00:33:32,018 --> 00:33:34,123
Judge gave me 25-to-life.
794
00:33:35,087 --> 00:33:36,691
How did that
affect you?
795
00:33:39,558 --> 00:33:42,095
My wife and I tried
to hold it together,
796
00:33:42,161 --> 00:33:44,163
but finally got divorced.
797
00:33:45,398 --> 00:33:47,435
She thought
it would be better for our baby
798
00:33:47,500 --> 00:33:51,073
if he didn't have
to deal with a father that was in prison.
799
00:33:52,638 --> 00:33:54,379
She was right, but,
800
00:33:55,942 --> 00:33:58,388
my kid had to
grow up without me.
801
00:34:00,212 --> 00:34:01,850
And Larry Martin?
802
00:34:02,281 --> 00:34:05,524
Three years ago,
Larry got shanked by another inmate.
803
00:34:06,118 --> 00:34:07,495
He died
in the infirmary.
804
00:34:09,622 --> 00:34:12,102
Larry just wasn't
cut out for prison life.
805
00:34:15,194 --> 00:34:16,298
Nothing further.
806
00:34:22,668 --> 00:34:24,341
You testified
at your trial
807
00:34:24,403 --> 00:34:26,849
that you were home
with your wife on the day of the shooting?
808
00:34:26,906 --> 00:34:28,283
Yes.
809
00:34:28,340 --> 00:34:30,013
But a witness
identified you and Mr. Martin
810
00:34:30,076 --> 00:34:31,749
as the two men
who were running from the victim's auto
811
00:34:31,811 --> 00:34:33,552
after the shots,
isn't that right?
812
00:34:33,612 --> 00:34:37,321
All I know is
I spent 12 years in prison for a crime I didn't commit.
813
00:34:37,383 --> 00:34:38,521
So you say,
814
00:34:39,084 --> 00:34:41,690
but the witness never
changed her story, did she?
815
00:34:41,754 --> 00:34:43,665
Even after she was
arrested for perjury.
816
00:34:43,723 --> 00:34:44,861
Objection.
817
00:34:45,224 --> 00:34:46,601
JUDGE: Sustained.
818
00:34:48,427 --> 00:34:50,031
Nothing further.
819
00:34:53,799 --> 00:34:57,372
JACK: Mr. Foster, did you
examine a latent print in this case,
820
00:34:57,436 --> 00:34:59,677
and compare it
to the prints of Bobby Campbell?
821
00:34:59,739 --> 00:35:01,650
Yes, I did.
What were your findings?
822
00:35:02,308 --> 00:35:04,652
Well, the print
on the firearm was of no value.
823
00:35:04,710 --> 00:35:07,213
I could not determine
that it belonged to Mr. Campbell.
824
00:35:07,279 --> 00:35:10,590
Did you also examine
20 other sets of latent prints
825
00:35:10,650 --> 00:35:12,254
that had previously
been examined
826
00:35:12,318 --> 00:35:14,161
and identified
by the defendant?
827
00:35:14,220 --> 00:35:16,291
Yes. And in seven
out of the 20,
828
00:35:16,355 --> 00:35:18,631
I found she'd made
false positives.
829
00:35:18,691 --> 00:35:20,693
What conclusions
did you draw from that?
830
00:35:20,760 --> 00:35:22,501
The comparisons
that she was making
831
00:35:22,561 --> 00:35:25,667
were so far below
any standard that, in my opinion,
832
00:35:25,731 --> 00:35:28,940
her testimony
in those cases was knowingly false.
833
00:35:38,210 --> 00:35:41,123
How many points
does the FBI use comparing prints?
834
00:35:41,180 --> 00:35:43,683
We don't rely on
any minimum number at all.
835
00:35:43,749 --> 00:35:47,287
We rely on the expertise
and the overall impression of the examiner.
836
00:35:47,887 --> 00:35:52,563
So, examiners are allowed
to make matches based on, say, six points?
837
00:35:53,092 --> 00:35:55,538
Theoretically,
but other factors...
838
00:35:55,594 --> 00:35:59,007
In fact, fingerprint analysis
has never been scientifically tested, has it?
839
00:35:59,064 --> 00:36:00,566
Objection.
840
00:36:00,633 --> 00:36:02,613
The technique's
not on trial here, Your Honor,
841
00:36:02,668 --> 00:36:03,738
Miss Russo is.
842
00:36:03,803 --> 00:36:07,478
Your Honor,
my client is being accused of intentional inaccuracy.
843
00:36:07,540 --> 00:36:10,384
I think we should be
allowed to establish that the technique itself
844
00:36:10,443 --> 00:36:11,979
may be inaccurate
and therefore to blame.
845
00:36:12,778 --> 00:36:14,121
I agree.
846
00:36:14,180 --> 00:36:16,217
But don't go too far
astray, Mr. Rowan.
847
00:36:16,849 --> 00:36:18,851
The objection's overruled.
848
00:36:18,918 --> 00:36:21,125
The methodology is
based on the premise
849
00:36:21,187 --> 00:36:24,259
that no two sets
of fingerprints are alike.
850
00:36:24,323 --> 00:36:26,394
Yes, but no one
really knows
851
00:36:26,459 --> 00:36:28,461
what the error rates are,
do they?
852
00:36:29,095 --> 00:36:30,768
No.
Which means you can't sit here today
853
00:36:30,830 --> 00:36:32,571
and tell us that print
is not Campbell's?
854
00:36:32,631 --> 00:36:33,769
Well, I don't
think it is...
855
00:36:33,833 --> 00:36:37,110
But you cannot
absolutely exclude him, can you?
856
00:36:37,903 --> 00:36:39,905
No, I can't.
857
00:36:46,645 --> 00:36:50,354
I observed
six matching points between the latent print
858
00:36:50,416 --> 00:36:52,521
and the prints that
were provided to me.
859
00:36:53,085 --> 00:36:55,861
Agent Foster testified
that he couldn't find six.
860
00:36:56,255 --> 00:36:58,565
In my opinion he's being
overly conservative.
861
00:36:58,891 --> 00:37:01,371
So two examiners can
disagree in good faith.
862
00:37:01,427 --> 00:37:04,670
A good examiner uses
his or her best judgment.
863
00:37:05,064 --> 00:37:08,102
The lab standard is 12,
but that's a guideline only.
864
00:37:08,601 --> 00:37:10,638
And in the Campbell case,
I used my judgment
865
00:37:10,703 --> 00:37:13,309
and relied on
my expertise and experience.
866
00:37:13,372 --> 00:37:15,283
I've been doing that
for over 19 years.
867
00:37:15,341 --> 00:37:16,979
Have you ever
made a mistake?
868
00:37:17,143 --> 00:37:18,144
Well, I hope not.
869
00:37:18,244 --> 00:37:20,884
That would be
a fingerprint examiner's worst nightmare.
870
00:37:21,680 --> 00:37:22,784
All I can say is
871
00:37:22,848 --> 00:37:25,419
that I performed my job
the way I was trained to do it,
872
00:37:25,484 --> 00:37:28,260
and I did the very best
that I could do.
873
00:37:37,963 --> 00:37:39,203
You said you thought
874
00:37:39,698 --> 00:37:42,144
that Agent Foster
was being too conservative.
875
00:37:43,002 --> 00:37:44,481
That's right.
876
00:37:45,137 --> 00:37:46,810
And you're comfortable
877
00:37:46,872 --> 00:37:49,352
with a minimum number
of six matching points?
878
00:37:49,408 --> 00:37:50,546
Yes.
879
00:37:50,609 --> 00:37:54,056
Are there other examiners
in your lab who require more?
880
00:37:54,113 --> 00:37:56,423
Yes. It's a matter of
professional judgment.
881
00:37:56,482 --> 00:37:58,587
But no one who
relies on less.
882
00:37:59,218 --> 00:38:00,720
I suppose not.
883
00:38:03,823 --> 00:38:05,097
Does the name
Simon Garrison
884
00:38:05,157 --> 00:38:07,159
mean anything to you,
Miss Russo?
885
00:38:07,226 --> 00:38:08,705
Not off hand.
886
00:38:09,095 --> 00:38:10,802
How about the face?
887
00:38:13,032 --> 00:38:14,067
No.
888
00:38:14,133 --> 00:38:15,942
1998.
889
00:38:16,001 --> 00:38:19,073
Your testimony
was the key piece of evidence against him.
890
00:38:19,138 --> 00:38:20,378
If you say so.
891
00:38:22,041 --> 00:38:23,714
Isn't it the case,
892
00:38:23,776 --> 00:38:27,246
that after
four other examiners in your office
893
00:38:27,313 --> 00:38:29,020
had examined the prints
894
00:38:29,081 --> 00:38:31,083
and refused to
declare a match,
895
00:38:31,150 --> 00:38:33,562
that you had the case
reassigned to yourself?
896
00:38:33,619 --> 00:38:35,963
In my opinion,
the prints were a match.
897
00:38:38,123 --> 00:38:39,727
How about John Quilty?
898
00:38:40,960 --> 00:38:44,339
Three other
examiners refused, you declared a match.
899
00:38:44,964 --> 00:38:46,602
I don't remember.
900
00:38:46,665 --> 00:38:47,666
Danny Meyer.
901
00:38:48,467 --> 00:38:50,947
Again, three
other examiners.
902
00:38:51,003 --> 00:38:53,381
Your Honor...
I looked at the prints in those cases.
903
00:38:53,439 --> 00:38:56,318
They could be matched,
so I reassigned them to myself.
904
00:38:56,375 --> 00:38:58,150
I don't see anything
wrong with that.
905
00:38:58,210 --> 00:38:59,621
JACK: You don't?
906
00:39:00,279 --> 00:39:01,724
Case after case,
907
00:39:02,314 --> 00:39:03,952
you got on
a witness stand,
908
00:39:04,016 --> 00:39:06,018
cloaked in the aura
of an expert,
909
00:39:06,085 --> 00:39:08,361
and declared
a scientific certainty,
910
00:39:08,420 --> 00:39:10,957
when in fact,
numerous other examiners,
911
00:39:11,023 --> 00:39:12,866
had said that they
were not a match.
912
00:39:12,925 --> 00:39:15,599
I have 19 years experience.
913
00:39:15,661 --> 00:39:17,641
I use my best judgment.
914
00:39:17,930 --> 00:39:20,069
And your best judgment
915
00:39:20,132 --> 00:39:22,703
sent Bobby Campbell
and Larry Martin to prison.
916
00:39:22,768 --> 00:39:23,769
Two innocent men!
917
00:39:23,836 --> 00:39:25,611
A jury did that.
918
00:39:25,671 --> 00:39:29,585
Relying on evidence
testified to by you.
919
00:39:29,642 --> 00:39:32,953
There was also
an eye witness, the same blood type.
920
00:39:33,012 --> 00:39:34,685
And you knew that,
when you looked
921
00:39:34,747 --> 00:39:36,192
at those fingerprints
didn't you?
922
00:39:36,248 --> 00:39:39,092
Oh, they were guilty.
Everybody knew that.
923
00:39:39,151 --> 00:39:43,998
Not until you decided to
declare the prints a match.
924
00:40:13,052 --> 00:40:16,295
Madam Foreperson,
have the members of the jury reached a verdict?
925
00:40:16,355 --> 00:40:18,130
Yes, we have,
Your Honor.
926
00:40:18,190 --> 00:40:20,295
In the matter of the people
of the state of New York
927
00:40:20,359 --> 00:40:22,999
against Lisa Russo,
how do you find?
928
00:40:23,796 --> 00:40:26,606
On the charge of Manslaughter
in the Second Degree,
929
00:40:26,665 --> 00:40:28,645
we the jury,
find the defendant
930
00:40:28,701 --> 00:40:29,941
sunny,
931
00:40:30,269 --> 00:40:31,976
(PEOPLE MURMURING)
932
00:40:35,874 --> 00:40:37,854
(BREATHES DEEPLY)
933
00:40:56,161 --> 00:40:57,834
(KNOCKS ON DOOR)
934
00:40:58,063 --> 00:40:59,736
I finished those
fives you wanted.
935
00:40:59,798 --> 00:41:01,072
Oh, thanks.
936
00:41:02,468 --> 00:41:03,879
(SIGHING)
937
00:41:05,637 --> 00:41:07,275
I'm fine, Lennie.
938
00:41:07,906 --> 00:41:09,613
I just wanted
to make sure.
939
00:41:11,010 --> 00:41:14,253
You know, you nudge
a witness in the right direction at a line up,
940
00:41:14,947 --> 00:41:17,518
the gun was
in plain view,
941
00:41:18,450 --> 00:41:20,191
not under the seat.
942
00:41:21,287 --> 00:41:23,028
We do that
all the time.
943
00:41:24,623 --> 00:41:27,502
You wouldn't have
passed off those prints to the D.A.
944
00:41:27,559 --> 00:41:29,903
unless she told you
there was a match.
945
00:41:33,699 --> 00:41:37,146
Closing that case
got me noticed, Lennie.
946
00:41:41,740 --> 00:41:44,118
And I used to hear
the whispers
947
00:41:44,176 --> 00:41:46,122
and the chatter
behind my back.
948
00:41:46,178 --> 00:41:48,556
"She got it
'cause she's black."
949
00:41:49,048 --> 00:41:51,460
"She got it
'cause she's a woman."
950
00:41:53,085 --> 00:41:55,190
And I never listened
to that crap
951
00:41:55,254 --> 00:41:59,225
because I knew
I had earned it.
952
00:42:02,628 --> 00:42:05,370
You made lieutenant
because you're a great cop.
953
00:42:06,365 --> 00:42:08,106
All the drug collars
you made,
954
00:42:08,167 --> 00:42:10,943
all the killers
you put behind bars.
955
00:42:11,003 --> 00:42:13,882
This one case
isn't gonna undo all of that.
956
00:42:16,909 --> 00:42:18,820
I'm not so sure, Lennie.
957
00:42:21,346 --> 00:42:22,347
(SIGHS)
958
00:42:23,515 --> 00:42:25,620
I'm not so sure.
959
00:42:34,159 --> 00:42:35,502
(DOOR BUZZING)
960
00:42:39,898 --> 00:42:41,104
Thank you.
961
00:42:46,338 --> 00:42:49,285
If you came here
to apologize, do us both a favor,
962
00:42:49,708 --> 00:42:52,382
don't.
You know, I have been
963
00:42:52,978 --> 00:42:56,118
racking my brain
trying to figure out
964
00:42:56,181 --> 00:42:59,162
if I gave you any signals
that I wanted you to do this.
965
00:43:00,786 --> 00:43:03,926
Oh, so you came by
to make yourself feel better.
966
00:43:03,989 --> 00:43:06,026
To confirm your
moral superiority.
967
00:43:11,964 --> 00:43:15,605
I want to know
why you did it.
968
00:43:17,236 --> 00:43:19,910
Those were people's lives
you were playing with.
969
00:43:19,972 --> 00:43:22,680
You know, I don't recall
you crying so hard
970
00:43:22,741 --> 00:43:24,448
when you made
first grade off this case.
971
00:43:24,509 --> 00:43:27,547
I never knew you lied!
972
00:43:27,613 --> 00:43:29,524
Oh, please!
973
00:43:29,581 --> 00:43:31,993
You people come in,
you give me the evidence.
974
00:43:32,050 --> 00:43:34,462
You tell me,
"See what you can come up with, Lisa."
975
00:43:34,520 --> 00:43:37,364
And I gave you
exactly what you wanted.
976
00:43:37,423 --> 00:43:38,561
(PANTING)
977
00:43:38,624 --> 00:43:41,696
And you know what?
You are the worst kind of hypocrite.
978
00:43:43,729 --> 00:43:45,709
And are you really
gonna sit there
979
00:43:45,764 --> 00:43:48,802
and tell me that
you don't blur the boundaries?
980
00:43:49,434 --> 00:43:51,004
Go home
981
00:43:51,470 --> 00:43:53,643
and look in
the mirror, Anita.
982
00:43:53,705 --> 00:43:55,082
And when you do,
983
00:43:55,140 --> 00:43:58,781
you ask yourself
is it right that I'm in here
984
00:43:58,844 --> 00:44:00,824
(SHOUTING)
and you're not?
985
00:44:04,983 --> 00:44:06,326
Guard!
986
00:44:06,376 --> 00:44:10,926
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