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These are the user uploaded subtitles that are being translated: 1 00:00:01,264 --> 00:00:03,039 NARRATOR: In the criminal justice system 2 00:00:03,099 --> 00:00:06,979 the people are represented by two separate yet equally important groups, 3 00:00:07,036 --> 00:00:08,845 the police who investigate crime 4 00:00:08,905 --> 00:00:11,715 and the district attorneys who prosecute the offenders. 5 00:00:11,774 --> 00:00:13,253 These are their stories. 6 00:00:14,410 --> 00:00:16,617 The guys from auto theft finally confirmed, 7 00:00:16,679 --> 00:00:18,522 deposit's down on the hotel. 8 00:00:18,581 --> 00:00:20,583 Plus I chipped in for a little something extra. 9 00:00:20,650 --> 00:00:22,687 Uh, we said no girls, remember? 10 00:00:22,752 --> 00:00:25,062 It's a bachelor party, there's gotta be entertainment. 11 00:00:25,121 --> 00:00:26,794 Frank, I told you I'm not doing it 12 00:00:26,856 --> 00:00:28,767 with some hooker a week before my wedding day. 13 00:00:28,858 --> 00:00:30,804 What? Nobody can have any fun except you? 14 00:00:30,860 --> 00:00:32,464 I'm the one who's been married 10 years. 15 00:00:33,529 --> 00:00:35,099 (ALARMS SOUNDING) 16 00:00:38,701 --> 00:00:40,442 What the hell was that? You okay? 17 00:00:40,503 --> 00:00:42,813 Call it in! Tell 'em to bring fire, police, bomb squad! 18 00:00:42,872 --> 00:00:45,853 This is Unit 12. We have an explosion at 9 Broome Street. 19 00:00:46,342 --> 00:00:48,515 Yeah, once we got up there, we found the body in the fourth floor, 20 00:00:48,577 --> 00:00:49,988 southeast corner apartment. 21 00:00:50,046 --> 00:00:51,684 Male, I don't know, maybe mid-30s. 22 00:00:51,747 --> 00:00:52,748 You heard a name yet? 23 00:00:52,815 --> 00:00:55,159 No, just the one on the buzzer. Haden. 24 00:00:55,318 --> 00:00:56,524 Anybody else get hurt? 25 00:00:56,585 --> 00:00:59,725 Looks like the other tenants already left for work. 26 00:00:59,789 --> 00:01:02,599 We got a best guess yet on cause and origin? 27 00:01:02,658 --> 00:01:04,399 Well, arson's doing the prelim now. 28 00:01:04,460 --> 00:01:07,373 But based on the burn pattern, I'm thinking gas leak. 29 00:01:07,430 --> 00:01:08,909 The bomb squad will be relieved. 30 00:01:08,965 --> 00:01:11,445 You kidding? They evacuated the whole block when they got here. 31 00:01:11,534 --> 00:01:13,411 These days you don't know who you're dealing with. 32 00:01:13,469 --> 00:01:16,450 Well, the job wasn't exactly routine before. 33 00:01:16,505 --> 00:01:18,951 Is it okay to go up? Yeah. Whenever you're ready. 34 00:01:19,008 --> 00:01:20,681 I'll find out where they're sheltering the tenants, 35 00:01:20,743 --> 00:01:21,813 I'll get right back to you. 36 00:01:21,877 --> 00:01:23,982 All right. Thanks, man. Take care of yourself. 37 00:01:24,046 --> 00:01:25,423 The building's got some history. 38 00:01:25,481 --> 00:01:27,791 I'm sensing something of an illicit nature. 39 00:01:27,850 --> 00:01:29,352 It's a landlord-tenant gripe. 40 00:01:29,418 --> 00:01:31,398 They won't pay the rent till he makes the repairs. 41 00:01:31,454 --> 00:01:33,934 So, he lets the place go to seed until they pay up. 42 00:01:33,990 --> 00:01:37,301 The beat cop said that the empty units attracted some squatters. 43 00:01:37,360 --> 00:01:38,737 He's gonna run down any collars. 44 00:01:38,794 --> 00:01:40,705 He was pretty shook up. I don't blame him. 45 00:01:40,763 --> 00:01:43,243 I guess we're all a little jumpy since 9111. 46 00:01:43,299 --> 00:01:45,575 Yeah, everybody except Mr. Haden. 47 00:02:36,252 --> 00:02:38,493 BECK: The fire marshal traced the origin of the explosion 48 00:02:38,587 --> 00:02:40,328 back to the gas line, here. 49 00:02:40,389 --> 00:02:41,595 So, what happened? 50 00:02:41,657 --> 00:02:44,831 It looks like somebody disconnected the stove, left the gas line open. 51 00:02:44,960 --> 00:02:46,200 So, it wasn't an accident? 52 00:02:46,262 --> 00:02:47,741 No. Only way for the gas to get out, 53 00:02:47,797 --> 00:02:49,140 the line had to be unhooked. 54 00:02:49,198 --> 00:02:50,802 In order to do that, you have to pull 55 00:02:50,866 --> 00:02:52,106 the stove away from the wall. 56 00:02:52,168 --> 00:02:55,342 One of the uniformed officers found this crescent wrench 57 00:02:55,404 --> 00:02:56,883 in the debris pile over there. 58 00:02:57,540 --> 00:03:00,350 It's sized to the flare nut on the gas line. 59 00:03:00,609 --> 00:03:02,520 So somebody had to know exactly what they were doing. 60 00:03:02,578 --> 00:03:04,683 Yeah, and once the gas line is open, 61 00:03:04,747 --> 00:03:08,058 the gas rises and it accumulates in the top of the room, 62 00:03:08,117 --> 00:03:10,393 creating what's called a flammable range. 63 00:03:10,453 --> 00:03:11,864 And that'd be right here. 64 00:03:11,921 --> 00:03:14,424 BRISCOE: So, below that, no problem, above it... 65 00:03:14,490 --> 00:03:17,198 Yeah, ideal conditions for an incendiary event. 66 00:03:17,259 --> 00:03:19,136 You got any idea what sparked the explosion? 67 00:03:19,361 --> 00:03:21,500 A candle, right over here. 68 00:03:21,730 --> 00:03:22,800 ED: How do you know? 69 00:03:22,898 --> 00:03:24,502 Well, when a candle melts away, 70 00:03:24,567 --> 00:03:26,569 the wax always leaves a residue. 71 00:03:26,635 --> 00:03:27,739 That was your fuse. 72 00:03:27,803 --> 00:03:29,840 So, somebody unhooks the stove, 73 00:03:29,905 --> 00:03:32,647 lights the candle and waits for the gas to fill the room. 74 00:03:32,708 --> 00:03:33,812 Give it 10, 15 minutes. 75 00:03:33,876 --> 00:03:36,152 The gas floats down to the height of the candle. 76 00:03:36,212 --> 00:03:37,350 (MIMICS EXPLOSION) 77 00:03:38,347 --> 00:03:40,623 So, you're thinking someone set a trap for this man? 78 00:03:40,683 --> 00:03:41,753 Well, it was either on purpose 79 00:03:41,817 --> 00:03:43,626 or the worst case of home repair ever. 80 00:03:43,686 --> 00:03:45,791 Well, what about signs of forced entry? 81 00:03:45,855 --> 00:03:47,266 There weren't any. 82 00:03:47,323 --> 00:03:50,702 So someone was given access or used a key. 83 00:03:50,759 --> 00:03:52,636 Tell me about this rent strike. 84 00:03:52,695 --> 00:03:54,072 The beat cop said they'd been going 85 00:03:54,129 --> 00:03:55,836 round and round for about a year. 86 00:03:55,898 --> 00:03:58,208 Well, maybe the landlord got tired of the ride, 87 00:03:58,267 --> 00:04:01,180 and this was his idea of an eviction notice. 88 00:04:02,938 --> 00:04:06,579 You think it was arson, that I set my own building on fire? 89 00:04:06,775 --> 00:04:07,776 BRISCOE: ls there anybody who can vouch 90 00:04:07,843 --> 00:04:10,187 for your whereabouts this morning, Mr. Cortez? 91 00:04:10,246 --> 00:04:12,453 (SCOFFS) My wife was out of town, 92 00:04:12,515 --> 00:04:14,825 but she'd probably say you got a hell of a theory, 93 00:04:14,884 --> 00:04:17,626 except for one thing. No insurance. 94 00:04:17,686 --> 00:04:19,791 The law says you're supposed to carry a policy 95 00:04:19,855 --> 00:04:21,300 on a residential unit. 96 00:04:21,357 --> 00:04:23,098 I missed a couple of payments. 97 00:04:23,159 --> 00:04:26,333 The insurance company canceled my ass last month. 98 00:04:26,395 --> 00:04:28,739 I'm gonna be wiped out now. 99 00:04:28,797 --> 00:04:31,778 Funny thing, Haden was the only tenant I liked. 100 00:04:32,034 --> 00:04:33,172 BRISCOE: Why's that? 101 00:04:33,235 --> 00:04:34,771 Those other leaches got together, 102 00:04:34,837 --> 00:04:36,748 decided to stiff me on the rent, 103 00:04:36,805 --> 00:04:40,343 but Joseph, he still paid in cash, every month. 104 00:04:40,676 --> 00:04:43,088 So, he was the only one who hadn't joined the rent strike? 105 00:04:43,145 --> 00:04:44,419 Only one. 106 00:04:45,080 --> 00:04:47,583 Bet the other tenants were thrilled. 107 00:04:50,452 --> 00:04:52,261 TENANT: Man had only been here two years. 108 00:04:52,388 --> 00:04:55,232 The rest of us lived in that building over 10. 109 00:04:55,291 --> 00:04:56,827 Come on, what are we gonna do, 110 00:04:56,892 --> 00:04:58,633 blow up our own building just to get back at him? 111 00:04:58,694 --> 00:05:00,435 Besides, these foreigners come here 112 00:05:00,496 --> 00:05:02,976 and they don't have the same stake in things as the rest of us. 113 00:05:03,032 --> 00:05:04,136 BRISCOE: What do you mean "foreigners"? 114 00:05:04,200 --> 00:05:06,840 Haden wasn't American. He wasn't from here. 115 00:05:06,902 --> 00:05:08,779 Where was he from? Maybe India. 116 00:05:09,171 --> 00:05:11,117 Something in Arabia maybe. 117 00:05:11,707 --> 00:05:13,050 An Arab? 118 00:05:13,108 --> 00:05:14,382 How well did you two know him? 119 00:05:14,443 --> 00:05:16,320 He was a quiet guy. He kept to himself. 120 00:05:16,378 --> 00:05:18,289 Gone most days. Work, I guess. 121 00:05:18,347 --> 00:05:19,451 Was he home yesterday? 122 00:05:19,515 --> 00:05:21,756 He passed me in the hall, never said so much as hello. 123 00:05:21,817 --> 00:05:24,058 What about girlfriends? Visitors? 124 00:05:24,119 --> 00:05:25,393 Never saw him with a woman. 125 00:05:25,454 --> 00:05:26,899 There'd be some men sometimes. 126 00:05:26,956 --> 00:05:27,991 ED: Do you know who they were? 127 00:05:28,057 --> 00:05:29,900 They'd come in groups of two or three. 128 00:05:29,959 --> 00:05:31,802 Were these guys Arabs, too? 129 00:05:31,927 --> 00:05:34,737 Guess they come from wherever he come from. 130 00:05:35,731 --> 00:05:37,972 Who the hell knows these days? 131 00:05:39,134 --> 00:05:42,172 Best guess? Mr. Haden was of Middle Eastern descent. 132 00:05:42,238 --> 00:05:44,184 Blast victims always present a few problems. 133 00:05:44,240 --> 00:05:45,617 This one was particularly tricky. 134 00:05:45,674 --> 00:05:46,675 Why? 135 00:05:46,742 --> 00:05:49,416 First off, he came back negative for carboxyhemoglobin. 136 00:05:49,478 --> 00:05:51,754 Wait. In English, he had no smoke in his lungs? 137 00:05:51,814 --> 00:05:54,522 Yeah. His airways were also completely free of soot. 138 00:05:54,583 --> 00:05:57,359 Intriguing finding for somebody who died in a fire. 139 00:05:57,419 --> 00:06:00,025 That's because he didn't die in a fire. 140 00:06:01,123 --> 00:06:05,003 Cavity x-rays showed evidence of blunt force trauma. 141 00:06:05,060 --> 00:06:07,097 Broken ribs, legs, arms, neck. 142 00:06:07,162 --> 00:06:09,540 The initial response team found him buried under some rubble. 143 00:06:09,598 --> 00:06:10,804 Yeah, but that didn't kill him either. 144 00:06:10,866 --> 00:06:13,278 There was no hemorrhaging associated with any of those injuries. 145 00:06:13,335 --> 00:06:14,780 BRISCOE: So, what did kill him? 146 00:06:14,837 --> 00:06:18,148 Posterior inspection indicates massive bleeding 147 00:06:18,207 --> 00:06:20,551 in the upper cervical vertebrae. 148 00:06:20,876 --> 00:06:22,014 Somebody broke his neck. 149 00:06:22,077 --> 00:06:24,455 And you're positive that didn't happen because the ceiling collapsed? 150 00:06:24,513 --> 00:06:25,856 No. Once I fixed cause of death, 151 00:06:25,914 --> 00:06:28,292 I went back into the soft tissue exam, 152 00:06:28,350 --> 00:06:31,524 found focal hemorrhaging in his wrists and ankles. 153 00:06:31,587 --> 00:06:34,659 Your killer tied him up before he murdered him. 154 00:06:35,090 --> 00:06:37,730 She say whether or not this could have been a one-man job? 155 00:06:37,793 --> 00:06:39,272 Nothing conclusive either way. 156 00:06:39,328 --> 00:06:40,739 A couple of the tenants mentioned 157 00:06:40,796 --> 00:06:42,776 that Haden had a few visitors now and again. 158 00:06:42,831 --> 00:06:44,276 But they couldn't tell us much more than that. 159 00:06:44,333 --> 00:06:48,679 Yeah. Except that Haden and his visitors were all of Middle Eastern decent. 160 00:06:48,737 --> 00:06:51,149 And you think his ethnicity's significant? 161 00:06:51,206 --> 00:06:53,049 Well, there was an explosion involved. 162 00:06:53,108 --> 00:06:54,678 I think it's a little early to conclude 163 00:06:54,743 --> 00:06:56,984 that Haden being an Arab had anything to do with it. 164 00:06:57,046 --> 00:07:00,152 Well, still, chances are he might have known his killer. 165 00:07:00,215 --> 00:07:02,217 How much do we know about his personal life? 166 00:07:02,284 --> 00:07:04,662 He didn't have a girlfriend, no known next of kin. 167 00:07:04,720 --> 00:07:06,199 Criminal records? Nothing. 168 00:07:06,255 --> 00:07:07,632 No credit cards either. 169 00:07:07,690 --> 00:07:09,761 No references, no previous address on the lease. 170 00:07:09,825 --> 00:07:10,929 He paid his rent in cash. 171 00:07:10,993 --> 00:07:13,906 BRISCOE: I'm telling you, this guy wasn't just flying below the radar, 172 00:07:13,962 --> 00:07:15,839 he was off the screen. 173 00:07:19,001 --> 00:07:21,504 Three times a week, he'd bring me his greasy clothes. 174 00:07:21,570 --> 00:07:23,311 You should see these things. 175 00:07:23,372 --> 00:07:25,648 I ask him, how you get so dirty? 176 00:07:25,708 --> 00:07:26,709 What'd he say? 177 00:07:26,775 --> 00:07:28,482 He says, blame the boss. 178 00:07:28,544 --> 00:07:30,080 He mention where he worked? 179 00:07:30,145 --> 00:07:32,785 No, but I know he got paid nothing. 180 00:07:32,848 --> 00:07:34,452 What, he told you how much he earned? 181 00:07:34,516 --> 00:07:38,521 No. I go through my customers' pockets when they drop off. 182 00:07:38,587 --> 00:07:40,658 One time, I see a pay stub. 183 00:07:41,323 --> 00:07:42,393 Peanuts. 184 00:07:42,458 --> 00:07:43,869 Did the pay stub show where he worked? 185 00:07:43,926 --> 00:07:46,839 Hmm... Jiffy something. 186 00:07:47,396 --> 00:07:49,569 What kind of a name is Jiffy? 187 00:07:49,765 --> 00:07:51,472 Greasy clothes, low-wage pay stub... 188 00:07:51,533 --> 00:07:53,570 Could be one of those oil-change joints. 189 00:07:53,635 --> 00:07:54,773 Thank you. 190 00:07:55,838 --> 00:07:57,579 I had a feeling something happened. 191 00:07:57,639 --> 00:08:00,245 Joseph hasn't missed a day's work in... Well, never. 192 00:08:00,309 --> 00:08:02,482 So, he was a pretty reliable guy for you then? 193 00:08:02,544 --> 00:08:04,182 Yeah. For the most part. 194 00:08:04,246 --> 00:08:05,987 Not the most ambitious guy, though. 195 00:08:06,048 --> 00:08:07,152 Well, why do you say that? 196 00:08:07,216 --> 00:08:08,251 He'd been here over a year, 197 00:08:08,350 --> 00:08:09,795 turned down a manager's position twice. 198 00:08:09,852 --> 00:08:11,297 Isn't that more money? Sure. 199 00:08:11,353 --> 00:08:14,334 Told me he didn't want the responsibility. Liked his free time. 200 00:08:14,390 --> 00:08:17,234 So, what can you tell us about his personal life? 201 00:08:17,292 --> 00:08:18,430 Well, he never really shared much. 202 00:08:18,494 --> 00:08:19,871 He had some family somewhere, 203 00:08:19,928 --> 00:08:22,033 but didn't really talk about it. 204 00:08:22,097 --> 00:08:24,338 Anybody ever come to visit him on the job? 205 00:08:24,400 --> 00:08:25,970 No. Not that I can think of. 206 00:08:26,034 --> 00:08:27,809 Sorry, I wish I could be more help. 207 00:08:27,870 --> 00:08:30,180 That's all right. If you think of anything, give us a call. 208 00:08:30,239 --> 00:08:31,377 Okay. 209 00:08:31,907 --> 00:08:33,477 Oh, what should I do with the stuff in his locker? 210 00:08:37,246 --> 00:08:39,726 BRISCOE: Work boots, shirt, pants. 211 00:08:39,815 --> 00:08:42,022 Whoa, look at this. Checkbook. 212 00:08:43,452 --> 00:08:44,897 No entries. 213 00:08:46,955 --> 00:08:48,992 E-bank? Never heard of it. 214 00:08:49,858 --> 00:08:51,030 Doesn't even say where it is. 215 00:08:51,093 --> 00:08:52,265 That's an Internet bank. 216 00:08:52,327 --> 00:08:54,238 You can do all your banking, payments, deposits, 217 00:08:54,296 --> 00:08:55,502 everything, online. 218 00:08:55,564 --> 00:08:57,441 So, why the checkbook? 219 00:08:58,200 --> 00:08:59,804 Last vestige of 20th-century banking, 220 00:08:59,868 --> 00:09:01,939 it gives some of our older clients a sense of security. 221 00:09:02,004 --> 00:09:04,382 Speaking of security, if this is a bank, 222 00:09:04,440 --> 00:09:05,475 where do you keep all the money? 223 00:09:05,607 --> 00:09:07,450 Well, what you see here is our computer server station, 224 00:09:07,509 --> 00:09:08,749 where we monitor the accounts. 225 00:09:08,811 --> 00:09:10,085 There is no bank, per se. 226 00:09:10,145 --> 00:09:11,453 Virtual reality. 227 00:09:11,513 --> 00:09:14,050 Well, what happens if I have to deposit a check? 228 00:09:14,116 --> 00:09:16,926 Well, you mail it to our P.O. box in Iowa in a prepaid envelope. 229 00:09:16,985 --> 00:09:21,092 And to pull your money out, we give you an ATM card, just like any other bank. 230 00:09:21,156 --> 00:09:24,194 No lines, 24-hour, world-wide access. 231 00:09:24,259 --> 00:09:25,670 All you need is a computer. 232 00:09:25,727 --> 00:09:26,797 You like to hear more? 233 00:09:27,062 --> 00:09:29,099 No. I think I'll stick with my mattress. 234 00:09:29,164 --> 00:09:30,302 Okay. 235 00:09:30,933 --> 00:09:32,241 According to our records, 236 00:09:32,301 --> 00:09:35,043 Joseph Haden opened an account with us about a year ago. 237 00:09:35,103 --> 00:09:36,309 Says here he's a preferred customer. 238 00:09:36,371 --> 00:09:37,645 Elite status. 239 00:09:37,706 --> 00:09:39,583 So, how does one attain elite status? 240 00:09:39,641 --> 00:09:41,917 Maintain an average daily balance over 10,000. 241 00:09:41,977 --> 00:09:43,115 BRISCOE: Ah, you got the wrong Haden. 242 00:09:43,178 --> 00:09:45,351 This guy's strictly minimum wage. 243 00:09:45,414 --> 00:09:48,588 Joseph Haden, 225 Stanton, New York City? 244 00:09:48,650 --> 00:09:49,993 ED: What's the balance? 245 00:09:50,385 --> 00:09:52,592 Eighty-nine thousand and change as of yesterday. 246 00:09:53,422 --> 00:09:55,868 Nothing virtual about that reality. 247 00:10:00,229 --> 00:10:03,540 So, a guy making minimum wage, living in a tenement, 248 00:10:03,599 --> 00:10:07,069 has almost 90 grand in an online bank account? 249 00:10:07,336 --> 00:10:09,441 According to the E-bank, there's never been more 250 00:10:09,505 --> 00:10:12,111 than his paycheck deposits since he opened it. 251 00:10:12,174 --> 00:10:14,347 Okay, but where's all the money from? 252 00:10:14,409 --> 00:10:17,549 The manager pulled up a tracking number from the initial deposit. 253 00:10:17,613 --> 00:10:19,388 Traces back to a Swiss account. 254 00:10:19,448 --> 00:10:20,927 Yeah. We called the OFAC, 255 00:10:21,049 --> 00:10:23,154 that's the Office of Foreign Assets Control. 256 00:10:23,218 --> 00:10:25,562 It's like an international clearing house for banks. 257 00:10:25,621 --> 00:10:29,000 Yeah. The FBI's got them working overtime looking for terrorist funding. 258 00:10:29,057 --> 00:10:30,127 And? 259 00:10:30,192 --> 00:10:31,694 It's gonna take a while. 260 00:10:31,827 --> 00:10:33,807 How did he open a bank account? 261 00:10:33,862 --> 00:10:37,173 The online application only asks for a driver's license 262 00:10:37,232 --> 00:10:38,540 and a social security number. 263 00:10:38,600 --> 00:10:40,409 BRISCOE: Both numbers turned out to be phonies. 264 00:10:40,469 --> 00:10:41,675 The bank probably never checked him out 265 00:10:41,737 --> 00:10:43,774 once they saw the size of that initial deposit. 266 00:10:43,839 --> 00:10:46,479 Still, he had to know someone at the DMV to get this. 267 00:10:46,542 --> 00:10:48,180 Well, we're going down to talk to a D.A. 268 00:10:48,243 --> 00:10:50,154 at the Rackets Bureau this afternoon. 269 00:10:50,212 --> 00:10:51,418 VAN BUREN: Great. 270 00:10:52,047 --> 00:10:53,720 The ID number on your guy's license 271 00:10:53,782 --> 00:10:55,090 matched up with a batch of blanks 272 00:10:55,150 --> 00:10:57,653 that came out of a DMV office in Brooklyn. 273 00:10:57,719 --> 00:10:59,323 How do you get a driver's license issued 274 00:10:59,388 --> 00:11:00,992 with a phony name and address? 275 00:11:01,056 --> 00:11:02,364 Don't you need a birth certificate? 276 00:11:02,424 --> 00:11:05,530 Mmm, that or 200 bucks. Going rate for a phony. 277 00:11:05,594 --> 00:11:07,301 How many people had access to these blanks? 278 00:11:07,362 --> 00:11:09,933 Once upon a time, a scam like this was pretty widespread. 279 00:11:09,998 --> 00:11:12,376 Since 9/11, we started cracking down. 280 00:11:12,434 --> 00:11:14,607 People at the DMV got a little more careful. 281 00:11:14,670 --> 00:11:17,150 Funny how a few indictments will do that. 282 00:11:17,206 --> 00:11:19,379 You got anybody in particular we can talk to? 283 00:11:19,441 --> 00:11:22,718 The genius behind your guy's license is sitting in Rikers. 284 00:11:22,778 --> 00:11:25,884 Come on, I'm already going to do three years for this. 285 00:11:25,948 --> 00:11:28,861 Well, we might be able to turn those three years into a bullet. 286 00:11:28,917 --> 00:11:30,362 And that's City time. 287 00:11:30,419 --> 00:11:32,865 Save your wife a big train trip upstate. 288 00:11:32,921 --> 00:11:34,662 You talked to my lawyer? 289 00:11:34,856 --> 00:11:37,700 Well, if you help us out, it's a done deal. 290 00:11:39,294 --> 00:11:40,637 What do you want? 291 00:11:43,432 --> 00:11:44,775 Who is he? 292 00:11:57,613 --> 00:11:58,683 I want protection. 293 00:12:00,916 --> 00:12:02,361 Protection from who? 294 00:12:02,417 --> 00:12:04,055 You read the paper? 295 00:12:04,186 --> 00:12:06,962 You hear about the woman in Memphis, from the DMV? 296 00:12:07,456 --> 00:12:10,562 You mean the one who helped the 9/11 hijackers with their licenses? 297 00:12:10,759 --> 00:12:12,295 Burned her up in her car 298 00:12:12,361 --> 00:12:14,466 the day before she was supposed to testify. 299 00:12:14,529 --> 00:12:17,567 If your information checks out, we'll talk to the D.A. 300 00:12:22,871 --> 00:12:24,373 His name's Juseff. 301 00:12:24,439 --> 00:12:26,544 ED: Juseff? Not Joseph? 302 00:12:26,642 --> 00:12:28,622 I said Juseff, didn't I? 303 00:12:29,077 --> 00:12:31,023 The guy gave me a grand to set him up. 304 00:12:31,079 --> 00:12:32,558 I usually get 200. 305 00:12:32,614 --> 00:12:34,355 And that didn't ring any alarm bells? 306 00:12:34,416 --> 00:12:37,022 Well, he said he was here seeking asylum or something. 307 00:12:37,085 --> 00:12:38,962 Application got denied. 308 00:12:40,789 --> 00:12:42,894 Guy seemed pretty desperate. 309 00:12:46,695 --> 00:12:48,834 STAFFER: No Joseph or Juseff Haden. 310 00:12:49,398 --> 00:12:51,435 What if he wasn't using his real name? 311 00:12:51,500 --> 00:12:54,242 Can you look it up just under the name Juseff? 312 00:12:54,302 --> 00:12:55,440 A first name? 313 00:12:55,504 --> 00:12:58,075 How about people who applied for political asylum last year? 314 00:12:58,140 --> 00:12:59,744 Yeah. Just in the New York office. 315 00:12:59,808 --> 00:13:01,788 I guess I could do that. 316 00:13:01,843 --> 00:13:04,517 Narrows it down to 118 Juseffs. 317 00:13:04,579 --> 00:13:07,082 Okay. Our guy was denied. Mid-30s. 318 00:13:09,084 --> 00:13:10,688 Cuts it in half. 319 00:13:12,054 --> 00:13:14,864 I have a Juseff Haddad. 320 00:13:14,923 --> 00:13:16,596 Filed a year and a half ago. 321 00:13:16,658 --> 00:13:18,399 This look like him? 322 00:13:19,294 --> 00:13:21,069 Yeah. Exactly like him. 323 00:13:21,129 --> 00:13:23,200 Where's he from? STAFFER: Yemen national. 324 00:13:23,265 --> 00:13:25,438 Entered the country on a B1 visa. 325 00:13:25,500 --> 00:13:26,706 How did he get that? 326 00:13:26,768 --> 00:13:27,838 Tourist visa. 327 00:13:27,903 --> 00:13:30,042 That little stamp they put in your passport at the airport? 328 00:13:30,439 --> 00:13:32,112 How long's that good for? Six months. 329 00:13:32,174 --> 00:13:33,778 Our guy was in the city for almost two years. 330 00:13:33,842 --> 00:13:35,082 It's a problem. 331 00:13:35,143 --> 00:13:38,124 BRISCOE: On what grounds did he apply for asylum? 332 00:13:38,180 --> 00:13:39,420 Religious grounds. 333 00:13:39,481 --> 00:13:42,587 Apparently, he was an adherent of the Shi'a Muslim sect. 334 00:13:42,651 --> 00:13:43,755 Claimed he wasn't very well-liked 335 00:13:43,819 --> 00:13:46,265 by the Sunni Muslim majority, feared for his safety. 336 00:13:46,321 --> 00:13:48,665 Initial interview for asylum was denied. 337 00:13:48,724 --> 00:13:50,670 Yeah. When was this? 338 00:13:50,726 --> 00:13:52,501 Fourteen months ago. 339 00:13:52,728 --> 00:13:56,369 So, you're saying he was supposed to be deported over a year ago? 340 00:13:56,431 --> 00:13:58,672 INS was alerted. ED: What'd they do? 341 00:14:01,203 --> 00:14:03,911 Guy comes to the States, he's allowed to disappear 342 00:14:03,972 --> 00:14:05,747 and nobody does a damn thing about it. 343 00:14:05,807 --> 00:14:07,718 There's over eight million illegals in this country. 344 00:14:07,776 --> 00:14:09,084 What do you wanna round 'em all up? 345 00:14:09,144 --> 00:14:10,623 How about just the ones from Yemen? 346 00:14:10,679 --> 00:14:11,714 You can't start targeting people 347 00:14:11,780 --> 00:14:12,815 because of where they're from. 348 00:14:12,881 --> 00:14:14,827 Hey, take a look, partner. 349 00:14:14,883 --> 00:14:17,227 There's supposed to be two towers standing over there. 350 00:14:17,285 --> 00:14:18,457 Look, man, I know. 351 00:14:18,520 --> 00:14:19,624 But it's that kind of thinking that gets me 352 00:14:19,688 --> 00:14:21,634 pulled over on the Turnpike every other month. 353 00:14:21,690 --> 00:14:22,862 You forget I lived in the Middle East. 354 00:14:22,924 --> 00:14:25,063 Not every guy wearing a kufi is the enemy. 355 00:14:25,127 --> 00:14:27,129 I'd say a guy with a bogus ID 356 00:14:27,195 --> 00:14:30,540 and about 90 grand in the bank has got some potential. 357 00:14:30,599 --> 00:14:34,012 All right, man, so where do you wanna go to look for a terrorist? 358 00:14:37,439 --> 00:14:38,713 IMAM: Police and their questions 359 00:14:38,907 --> 00:14:42,013 have brought us enough problems, I don't want any more. 360 00:14:42,077 --> 00:14:44,114 Imam, this was a Muslim man that was murdered. 361 00:14:44,179 --> 00:14:46,625 All we're asking is for a little help to find his killer. 362 00:14:46,681 --> 00:14:48,422 Four men from this mosque 363 00:14:48,483 --> 00:14:51,521 have been held for months by police only seeking help. 364 00:14:51,920 --> 00:14:55,458 Look, he lived nearby, we know he was a religious man. 365 00:14:55,524 --> 00:14:57,060 We just want you to take a look at this picture. 366 00:14:57,859 --> 00:14:59,770 And then will you leave? 367 00:15:02,097 --> 00:15:03,542 You know him? 368 00:15:03,598 --> 00:15:04,599 It's Juseff. 369 00:15:05,267 --> 00:15:07,645 He attended prayer services here. 370 00:15:08,236 --> 00:15:09,476 How did it happen? 371 00:15:09,538 --> 00:15:11,814 Somebody set fire to his place. 372 00:15:11,873 --> 00:15:13,113 Dear God. 373 00:15:13,175 --> 00:15:14,916 He was going under a false name. 374 00:15:14,976 --> 00:15:17,013 He was in this country illegally. 375 00:15:17,078 --> 00:15:19,149 Neighbors said he had men who came to visit him. 376 00:15:19,214 --> 00:15:20,818 Now, maybe from this mosque. 377 00:15:20,882 --> 00:15:23,192 IMAM: Then why don't you try talking to people who hate us, 378 00:15:23,251 --> 00:15:25,128 who've already made threats against us? 379 00:15:25,187 --> 00:15:26,860 Who would that be? 380 00:15:29,458 --> 00:15:30,994 Imam, if you know something, 381 00:15:31,059 --> 00:15:33,665 it would be the right thing to tell us. 382 00:15:35,430 --> 00:15:37,671 There was some information about Juseff that came out. 383 00:15:38,466 --> 00:15:40,070 What sort of information? 384 00:15:40,135 --> 00:15:42,342 On the Internet. At a website, 385 00:15:42,404 --> 00:15:45,146 along with articles about other Arab men. 386 00:15:45,207 --> 00:15:47,983 After that happened, Juseff stayed away. 387 00:15:50,212 --> 00:15:52,351 Check this out. "Guerrillas in our midst 388 00:15:52,414 --> 00:15:54,951 "and the failure of the US Government to stop them." 389 00:15:55,016 --> 00:15:57,326 Byline, Adam Teague for The Shadow Report. 390 00:15:57,385 --> 00:15:58,728 Oh, no! Could it be true? 391 00:15:58,787 --> 00:15:59,822 This is a rag, man. 392 00:15:59,888 --> 00:16:01,492 It's designed to scare the hell out of us. 393 00:16:01,556 --> 00:16:04,400 Well, whatever it is, it seems to be working. 394 00:16:04,459 --> 00:16:06,097 Hits on this guy's website 395 00:16:06,161 --> 00:16:08,334 have tripled in the last 12 months. 396 00:16:08,396 --> 00:16:10,103 According to this, the country's full 397 00:16:10,165 --> 00:16:12,771 of fifth column spies from Arabic states. 398 00:16:12,834 --> 00:16:16,646 Quote "Nelfi Sa'ad, recent art history grad at City College 399 00:16:16,705 --> 00:16:19,584 "switched to a degree as a structural engineer. 400 00:16:19,641 --> 00:16:22,087 "Anybody care to guess why?" 401 00:16:22,143 --> 00:16:23,884 What's the harm in looking into it? 402 00:16:23,945 --> 00:16:26,084 If we'd a been a little more alert the first time, 403 00:16:26,147 --> 00:16:27,854 maybe there wouldn't have been a first time. 404 00:16:27,916 --> 00:16:29,156 I switched my major twice in college. 405 00:16:29,217 --> 00:16:30,321 That make me a terrorist? 406 00:16:30,385 --> 00:16:32,365 No. But you don't fit the profile. 407 00:16:32,420 --> 00:16:34,593 The dirty little secret of law enforcement. 408 00:16:34,656 --> 00:16:36,431 I swear, if people start to believe this stuff, 409 00:16:36,491 --> 00:16:38,095 somebody's gonna get killed. 410 00:16:38,159 --> 00:16:40,605 BRISCOE: Maybe somebody already has. 411 00:16:40,662 --> 00:16:43,666 "Another loyal reader has provided firsthand accounts 412 00:16:43,732 --> 00:16:47,179 "that show Joseph Haden, real name a mystery, 413 00:16:47,269 --> 00:16:49,408 "of 225 Stanton Street, 414 00:16:49,471 --> 00:16:52,509 "is a Middle Eastern radical here in New York illegally. 415 00:16:52,574 --> 00:16:54,850 "Although proper authorities have been warned, 416 00:16:54,910 --> 00:16:58,016 "Haden remains a free man at this moment. 417 00:16:58,113 --> 00:16:59,558 "Who will stop him?" 418 00:16:59,748 --> 00:17:02,024 That's practically begging somebody to take him out. 419 00:17:02,083 --> 00:17:04,495 Maybe that was the idea all along. 420 00:17:08,356 --> 00:17:09,562 TEAGUE: Now you guys want to talk? 421 00:17:09,624 --> 00:17:10,659 Where were you when I first published? 422 00:17:10,725 --> 00:17:12,136 When Haden was walking around a free man? 423 00:17:12,193 --> 00:17:13,467 We're not subscribers. 424 00:17:13,528 --> 00:17:14,802 Well, get on the bus, Detective. 425 00:17:14,863 --> 00:17:16,934 I am out there trying to make your jobs easier. 426 00:17:16,998 --> 00:17:18,409 Oh, and just how are you doing that? 427 00:17:18,466 --> 00:17:19,706 You think the liberal mainstream wusses 428 00:17:19,768 --> 00:17:21,611 are going to print names and addresses? 429 00:17:21,670 --> 00:17:23,172 We all know what's going on. 430 00:17:23,238 --> 00:17:24,945 Everybody's so worried about offending Arabs. 431 00:17:25,006 --> 00:17:27,077 They're being singled out, they have their rights, too. 432 00:17:27,142 --> 00:17:29,554 This is the first war where we don't want to hurt anyone's feelings. 433 00:17:29,611 --> 00:17:30,885 Just get rid of 'em all, huh? 434 00:17:30,946 --> 00:17:32,721 You sit next to one on a plane yet? 435 00:17:32,781 --> 00:17:36,422 Tell me you didn't watch when he got up to use the bathroom. 436 00:17:36,484 --> 00:17:39,158 We just want to know where you got the information on this man. 437 00:17:40,255 --> 00:17:41,859 You'd be amazed at the sources I have. 438 00:17:41,923 --> 00:17:43,493 You know, it's funny how your sources 439 00:17:43,558 --> 00:17:45,367 turn up terrorists the FBI missed. 440 00:17:45,427 --> 00:17:47,737 Hey, don't blame the Bureau. Their hands are tied. 441 00:17:47,796 --> 00:17:49,366 Bunch of civil rights do-gooders say 442 00:17:49,431 --> 00:17:51,843 all interviews of young Arab men must be voluntary. 443 00:17:51,900 --> 00:17:53,880 (SCOFFS) Excuse me. "Mr. Capone, would you mind coming in 444 00:17:53,935 --> 00:17:55,278 "and make a full confession?" 445 00:17:55,337 --> 00:17:57,783 Your article led the killer to Haden. 446 00:17:57,839 --> 00:17:59,341 I just put the information out there. 447 00:17:59,407 --> 00:18:02,183 You gave up his address. What, were you hoping, a visitor would drop by? 448 00:18:02,244 --> 00:18:04,451 Which brings us back to how you got it. 449 00:18:04,512 --> 00:18:05,718 Nice try. 450 00:18:05,780 --> 00:18:07,225 You've heard of the journalists' Shield Law? 451 00:18:07,282 --> 00:18:09,057 Says I don't have to tell you who my source is. 452 00:18:09,117 --> 00:18:10,289 Hey, you heard of a subpoena? 453 00:18:10,352 --> 00:18:11,456 'Cause we can get one. 454 00:18:11,519 --> 00:18:14,125 You do that. I'll just add it to my collection. 455 00:18:16,391 --> 00:18:18,803 BRISCOE: Article indicates the authorities were notified. 456 00:18:18,860 --> 00:18:20,134 If we were, I'll find it. 457 00:18:20,195 --> 00:18:22,436 How many reports you get like this since 9/11? 458 00:18:22,497 --> 00:18:25,068 We actually stopped counting after 500,000. 459 00:18:25,133 --> 00:18:26,339 When did you say this was filed? 460 00:18:26,401 --> 00:18:28,381 It was three months ago. 461 00:18:28,603 --> 00:18:30,844 Last name Haden? Here it is. 462 00:18:31,272 --> 00:18:35,049 Joseph Haden. Tip called in by one Frank Miller. 463 00:18:35,110 --> 00:18:36,248 And what do you got on him? 464 00:18:36,311 --> 00:18:37,949 Address and phone number. 465 00:18:38,079 --> 00:18:40,355 I love it when they make it easy like that. 466 00:18:40,415 --> 00:18:41,655 Yeah. I'll print you a copy. 467 00:18:41,716 --> 00:18:43,195 ED: Was there any investigation on the tip? 468 00:18:43,251 --> 00:18:46,198 Of sorts. We listed it low priority. 469 00:18:46,254 --> 00:18:48,860 Look, guy's from Yemen, fake name, fake ID, 470 00:18:48,923 --> 00:18:50,596 that's low priority these days? 471 00:18:50,659 --> 00:18:52,468 We looked into Miller's allegations. 472 00:18:52,527 --> 00:18:55,235 Nothing panned out, so we notified the INS. 473 00:18:55,296 --> 00:18:58,300 Look, you wanna critique the operations, get in line. 474 00:18:58,366 --> 00:19:01,074 You want Miller's address, here it is. 475 00:19:01,136 --> 00:19:02,308 Thanks. 476 00:19:02,537 --> 00:19:05,143 Join the FBI, learn to pass the buck. 477 00:19:07,575 --> 00:19:09,577 You guys aren't gonna smash this place up now, are you? 478 00:19:09,644 --> 00:19:12,921 Oh, don't worry, search doesn't always mean destroy. 479 00:19:13,782 --> 00:19:17,229 The mail's recent. He's been here since Haddad's murder. 480 00:19:18,520 --> 00:19:20,966 Hey, Ed, look at this. 481 00:19:22,657 --> 00:19:24,330 Is that a scanner? Mmm-hmm. 482 00:19:24,793 --> 00:19:27,797 Looks like Haddad had his own little fan club. 483 00:19:28,630 --> 00:19:30,735 BRISCOE: Ah, this guy's a soldier. 484 00:19:31,633 --> 00:19:32,737 Combat Unit. 485 00:19:32,801 --> 00:19:34,678 I heard him say he served in Desert Storm. 486 00:19:34,736 --> 00:19:37,273 Yeah? Well, he's got the hardware to prove it. 487 00:19:37,339 --> 00:19:38,545 SUPERINTENDANT: What the hell is that? 488 00:19:38,606 --> 00:19:40,085 It ain't a starter pistol. 489 00:19:40,141 --> 00:19:42,678 Looks like maybe Miller was fighting his own little war 490 00:19:42,744 --> 00:19:44,451 on the home front. 491 00:19:47,682 --> 00:19:51,095 Apparently, Miller had been stalking Haden for quite some time. 492 00:19:51,152 --> 00:19:53,860 Dates, times, visits to the mosque. 493 00:19:53,922 --> 00:19:55,924 He knew this man's schedule down to the minute. 494 00:19:55,990 --> 00:19:59,028 Do we have a working theory for how Haddad entered Miller's radar? 495 00:19:59,094 --> 00:20:01,836 Miller's FBI report came on the heels of the website article 496 00:20:01,896 --> 00:20:05,070 featuring Joseph Haden, aka Juseff Haddad, 497 00:20:05,133 --> 00:20:08,080 as one of thousands of Arab terrorists living among us. 498 00:20:08,136 --> 00:20:09,137 How about finding the person 499 00:20:09,204 --> 00:20:10,683 who brought Haddad to Teague's attention? 500 00:20:11,272 --> 00:20:13,377 You think Teague's source might know where Miller's located? 501 00:20:16,544 --> 00:20:19,024 You know, Briscoe and Green tried to rattle Teague's cage 502 00:20:19,080 --> 00:20:21,617 with a subpoena, but he thinks he can hide behind the Shield Law. 503 00:20:21,683 --> 00:20:24,493 Maybe from a subpoena. Not from a warrant. 504 00:20:25,387 --> 00:20:27,230 Mr. Teague isn't gonna like this. 505 00:20:27,288 --> 00:20:29,894 Oh, that's okay. The judge sort of said it would be all right. 506 00:20:29,958 --> 00:20:32,871 Well, then, Mr. Teague's lawyer isn't gonna like this. 507 00:20:32,927 --> 00:20:34,929 What the hell do you think you guys are doing? 508 00:20:34,996 --> 00:20:36,441 This is a newsroom. 509 00:20:36,498 --> 00:20:38,239 It's not some crack house you can just barge into. 510 00:20:38,299 --> 00:20:39,676 Mr. Teague, stand aside. 511 00:20:39,734 --> 00:20:42,237 I asked you... Hey! Don't make me restrain you. 512 00:20:44,606 --> 00:20:46,552 Whoa, a file marked "Haden"? 513 00:20:46,608 --> 00:20:47,882 That's source material. 514 00:20:47,942 --> 00:20:50,786 Oh. We got audio tapes, transcripts... 515 00:20:50,845 --> 00:20:53,223 Well, now we know what Miller's scanner was used for. 516 00:20:53,281 --> 00:20:55,056 Good morning, Yemen. 517 00:20:57,552 --> 00:20:59,589 Teague's files on Haddad were stocked 518 00:20:59,654 --> 00:21:02,157 with information and documents from Miller. 519 00:21:02,223 --> 00:21:05,636 So, Miller didn't learn about Haddad from Teague's website, 520 00:21:05,693 --> 00:21:07,104 Miller was the source himself. 521 00:21:07,162 --> 00:21:09,608 He illegally monitored telephone conversations 522 00:21:09,664 --> 00:21:12,338 between Haddad and unidentified Arabic-speakers 523 00:21:12,600 --> 00:21:14,011 with a VHF scanner. 524 00:21:14,068 --> 00:21:15,570 I thought the police write-up indicated 525 00:21:15,637 --> 00:21:16,945 Haddad didn't have a phone. 526 00:21:17,005 --> 00:21:19,611 Audio technicians think Haddad was using a cell phone. 527 00:21:20,508 --> 00:21:21,543 Have you tracked that down? 528 00:21:21,609 --> 00:21:23,088 Probably went up in the fire. 529 00:21:23,144 --> 00:21:24,282 LEWIN: What about the phone records? 530 00:21:24,345 --> 00:21:25,449 Nothing so far. 531 00:21:25,580 --> 00:21:27,526 You know, if Haddad was staying true to form, 532 00:21:27,582 --> 00:21:29,823 the phone was probably one with preloaded hours. 533 00:21:29,884 --> 00:21:31,158 No account number. 534 00:21:31,219 --> 00:21:33,096 There was also a reference to a wire transfer 535 00:21:33,154 --> 00:21:35,930 for a large sum of money from a Swiss bank account. 536 00:21:35,990 --> 00:21:38,664 McCOY: Haddad claimed he had been forced to leave his country. 537 00:21:38,726 --> 00:21:40,433 A Swiss account may have been the only way 538 00:21:40,495 --> 00:21:41,872 to take his life savings with him. 539 00:21:41,930 --> 00:21:44,968 Still, you have to admit, coupled with his attempt to hide who he was, 540 00:21:45,033 --> 00:21:46,944 it's pretty suspicious circumstances. 541 00:21:47,001 --> 00:21:48,480 Even if it is, 542 00:21:48,536 --> 00:21:51,642 suspicious circumstances can't condemn a man to death. 543 00:21:51,706 --> 00:21:53,549 LEWIN: Do we have any idea where Miller is? 544 00:21:53,608 --> 00:21:54,780 Right now, it's anybody's guess. 545 00:21:54,843 --> 00:21:56,516 Plus, this guy is Special Forces. 546 00:21:56,945 --> 00:21:59,289 Then let's talk to the people who trained him. 547 00:22:00,481 --> 00:22:02,961 Frank Miller joined Special Forces in '89, 548 00:22:03,017 --> 00:22:04,860 had advanced weapons training. 549 00:22:04,919 --> 00:22:06,990 Transferred to Army Intelligence. 550 00:22:07,055 --> 00:22:08,432 What did he do for them? 551 00:22:09,057 --> 00:22:11,128 Surveillance and covert operations. 552 00:22:11,192 --> 00:22:14,036 Seems like you may have taught him a little too well. 553 00:22:14,095 --> 00:22:17,099 Well, there's no question Lieutenant Miller was a bit of a cowboy. 554 00:22:17,165 --> 00:22:18,838 That's one of the reasons we let him go. 555 00:22:18,900 --> 00:22:21,176 I was under the impression he resigned his commission. 556 00:22:23,304 --> 00:22:26,183 Passed over twice for promotion, he got the message. 557 00:22:26,241 --> 00:22:27,652 Which was? 558 00:22:27,709 --> 00:22:29,017 Let's just say he didn't see eye-to-eye 559 00:22:29,077 --> 00:22:31,990 with department policy regarding the end of the Gulf conflict. 560 00:22:32,046 --> 00:22:34,549 He wanted to finish Saddam off right then and there. 561 00:22:34,616 --> 00:22:36,960 Can't say everyone around here disagreed with him either. 562 00:22:37,152 --> 00:22:39,325 Do you have any idea how we can track him down, Major? 563 00:22:39,387 --> 00:22:40,832 Check with local V.A. hospitals. 564 00:22:41,356 --> 00:22:42,892 When Miller came home from Desert Storm, 565 00:22:42,957 --> 00:22:44,368 he came home pretty sick. 566 00:22:48,196 --> 00:22:49,834 CLERK: I'm usually pretty good with faces, 567 00:22:50,164 --> 00:22:51,905 but him I don't recognize. 568 00:22:51,966 --> 00:22:53,673 Are you sure he came to this pharmacy? 569 00:22:53,735 --> 00:22:56,682 According to the V.A., he would've been here about a week ago. 570 00:22:56,738 --> 00:22:58,775 Let me check our invoices. 571 00:23:00,208 --> 00:23:01,380 (COMPUTER BEEPS) 572 00:23:01,442 --> 00:23:02,716 Miller, Frank. 573 00:23:02,977 --> 00:23:05,617 We filled the prescription last Wednesday, actually. 574 00:23:05,680 --> 00:23:07,591 But you don't recognize him? 575 00:23:07,649 --> 00:23:10,755 Oh, that's because he used our delivery service. 576 00:23:15,023 --> 00:23:16,161 Freeze! 577 00:23:16,224 --> 00:23:17,328 Who the hell are you? 578 00:23:17,392 --> 00:23:18,700 Keep your hands where they are! 579 00:23:18,760 --> 00:23:20,797 Where's Frank Miller? I have no idea. 580 00:23:20,862 --> 00:23:23,741 That's a lie. He had a prescription delivered here last week. 581 00:23:24,999 --> 00:23:27,843 Ed, looks like surveillance tapes. 582 00:23:28,436 --> 00:23:30,279 Haddad's name's all over them. 583 00:23:30,338 --> 00:23:31,749 Where did you get these? BOB: They're Frank's. 584 00:23:31,839 --> 00:23:33,512 I've been doing some translations for him. 585 00:23:33,575 --> 00:23:34,679 What's on these tapes? 586 00:23:34,742 --> 00:23:36,449 Just chatter, conversation. 587 00:23:36,511 --> 00:23:37,888 Look, I really don't know anything. 588 00:23:38,813 --> 00:23:40,087 Why you? 589 00:23:40,281 --> 00:23:41,851 It's how I make my living. 590 00:23:41,916 --> 00:23:43,452 I was a communications specialist 591 00:23:43,518 --> 00:23:45,293 in Frank's outfit before my accident. 592 00:23:45,353 --> 00:23:46,764 Look, what... What's going on? 593 00:23:46,821 --> 00:23:48,459 Your buddy's in a lot of trouble. 594 00:23:48,523 --> 00:23:49,593 BOB: For what? 595 00:23:49,657 --> 00:23:51,967 That guy he was spying on is dead. 596 00:23:52,026 --> 00:23:53,027 Oh, my God. 597 00:23:53,094 --> 00:23:54,129 ED: When's he coming back? 598 00:23:54,195 --> 00:23:55,674 I don't know. 599 00:23:55,730 --> 00:23:58,677 You know how tough prison can be in a wheelchair? 600 00:23:58,833 --> 00:23:59,868 (SIGHS) 601 00:23:59,934 --> 00:24:02,073 Frank's not coming back here. 602 00:24:02,670 --> 00:24:05,412 Look, he was here a few days ago. 603 00:24:06,240 --> 00:24:08,345 He told me to send everything to this Internet guy. 604 00:24:08,409 --> 00:24:11,083 Tape originals, transcripts, copies, everything. 605 00:24:11,145 --> 00:24:12,317 And what's this guy's name? 606 00:24:12,647 --> 00:24:13,648 (SIGHS) 607 00:24:14,115 --> 00:24:15,287 Adam Teague. 608 00:24:16,918 --> 00:24:18,329 We'll see ourselves in. 609 00:24:18,386 --> 00:24:19,865 I'm on a deadline, I can't talk now. 610 00:24:19,921 --> 00:24:21,332 Adam Teague, you're under arrest 611 00:24:21,389 --> 00:24:22,800 for conspiracy to commit murder. 612 00:24:22,857 --> 00:24:24,632 That's ridiculous! The murder of who? 613 00:24:24,692 --> 00:24:26,433 Joseph Haden. (GROANS) Haden my ass. 614 00:24:26,494 --> 00:24:27,734 You mean, Juseff Haddad. 615 00:24:27,795 --> 00:24:29,035 You have the right to remain silent. 616 00:24:29,097 --> 00:24:30,098 Don't you people understand? 617 00:24:30,164 --> 00:24:32,235 These people are here They're waiting for us. Please remain silent. 618 00:24:32,300 --> 00:24:33,278 They're waiting for orders to destroy us! 619 00:24:33,334 --> 00:24:34,472 You have the right to an attorney... 620 00:24:34,535 --> 00:24:36,412 You should be glad there's someone like me looking out for us. 621 00:24:36,471 --> 00:24:38,212 Look at my face, I'm ecstatic. 622 00:24:41,275 --> 00:24:43,312 I'm being punished for trying to tell the truth. 623 00:24:43,578 --> 00:24:46,923 You can come down from your soap box, Mr. Teague. 624 00:24:46,981 --> 00:24:49,154 You're being prosecuted for participating 625 00:24:49,217 --> 00:24:52,198 in a conspiracy leading to a man's death. 626 00:24:52,253 --> 00:24:55,496 You're forgetting that a murder conspiracy charge requires an overt act. 627 00:24:55,556 --> 00:24:57,035 Which we can make out through your client's 628 00:24:57,091 --> 00:24:58,866 financial assistance to Frank Miller. 629 00:24:58,926 --> 00:25:01,497 And his acceptance of Miller's tapes. 630 00:25:01,829 --> 00:25:03,740 The First Amendment doesn't shield a journalist 631 00:25:04,165 --> 00:25:06,907 from accomplice liability after the fact. 632 00:25:06,968 --> 00:25:09,380 Even if my client did pay for the tapes and accept them, 633 00:25:09,437 --> 00:25:11,542 you still have to prove he knew Miller would kill this man. 634 00:25:11,606 --> 00:25:13,711 You financed Miller's operation, 635 00:25:13,775 --> 00:25:15,550 you shared information. 636 00:25:15,610 --> 00:25:18,022 You can't put a murder in motion 637 00:25:18,079 --> 00:25:20,457 and then claim you had nothing to do with it when it happens. 638 00:25:20,515 --> 00:25:22,688 I'm a reporter. I didn't put anything in motion. 639 00:25:22,750 --> 00:25:24,058 Well, then maybe you can explain 640 00:25:24,118 --> 00:25:26,655 what you and Miller talked about the day of Haddad's murder? 641 00:25:26,988 --> 00:25:28,490 McCOY: I don't think a jury will have much trouble 642 00:25:28,556 --> 00:25:31,867 concluding it was a call about Juseff Haddad. 643 00:25:33,694 --> 00:25:35,173 You didn't care what you published, 644 00:25:36,064 --> 00:25:38,305 what it meant to Juseff Haddad. 645 00:25:42,470 --> 00:25:44,416 What do you think it meant? 646 00:25:44,872 --> 00:25:47,375 The money, hiding who he was... 647 00:25:48,042 --> 00:25:49,316 So, you invited Frank Miller 648 00:25:49,377 --> 00:25:51,516 to take matters into his own hands. 649 00:25:51,579 --> 00:25:54,185 Look, I never meant for him to kill anyone. 650 00:25:54,248 --> 00:25:56,626 Miller was all wound up talking about 9111, 651 00:25:56,684 --> 00:25:58,027 how Haddad had to be stopped. 652 00:25:58,086 --> 00:25:59,497 He said that no one at the FBI would listen 653 00:25:59,554 --> 00:26:00,897 because we just didn't have the goods. 654 00:26:01,155 --> 00:26:03,226 And you don't pick up the phone to warn anyone? 655 00:26:03,458 --> 00:26:06,598 No. Not after I talked to my source in the State Department. 656 00:26:06,661 --> 00:26:10,609 See, Miller had been monitoring Haddad's overseas calls. 657 00:26:11,232 --> 00:26:12,575 In some of the conversations, 658 00:26:12,633 --> 00:26:14,374 he talked about bringing his family here. 659 00:26:14,435 --> 00:26:16,039 A wife, a child. 660 00:26:16,604 --> 00:26:22,213 The day he got killed, I found out that Haddad had no wife, no kid. 661 00:26:23,544 --> 00:26:25,455 He had no family at all. 662 00:26:28,449 --> 00:26:30,395 It was all code. 663 00:26:35,423 --> 00:26:37,425 And you told Miller that? 664 00:26:38,860 --> 00:26:41,864 I wanted Frank to know that he'd done his job. 665 00:26:41,929 --> 00:26:43,670 That we could go to the FBI. 666 00:26:43,731 --> 00:26:44,937 That... That they'd have no choice now. 667 00:26:44,999 --> 00:26:47,809 But he just wouldn't listen to reason. 668 00:26:52,073 --> 00:26:53,950 What's on the table here? 669 00:26:56,110 --> 00:26:59,887 If he's willing to testify and tell us where Miller is, 670 00:27:01,916 --> 00:27:05,090 I'd be willing to consider a negligent homicide charge. 671 00:27:06,888 --> 00:27:08,492 I was only doing my job. 672 00:27:08,890 --> 00:27:11,996 You lit a fuse you couldn't put out, Mr. Teague. 673 00:27:21,502 --> 00:27:22,606 Get down! Down on your knees! 674 00:27:22,670 --> 00:27:24,013 Get down! On your knees! 675 00:27:24,072 --> 00:27:25,551 Down. Down. Clear. 676 00:27:26,140 --> 00:27:27,517 We're all clear, Detectives. 677 00:27:27,575 --> 00:27:28,679 Frank Miller, you're under arrest 678 00:27:28,743 --> 00:27:30,222 for the murder of Juseff Haddad. 679 00:27:30,278 --> 00:27:31,757 On your feet! 680 00:27:31,946 --> 00:27:33,118 I didn't murder anyone. 681 00:27:33,180 --> 00:27:35,182 Oh, yeah? There's somebody down at the M.E.'s office 682 00:27:35,249 --> 00:27:37,422 doing a pretty good impression of a dead guy. 683 00:27:37,485 --> 00:27:39,658 You have the right to remain silent. Anything you say... 684 00:27:43,424 --> 00:27:46,132 "Docket 2508, People v. Miller, 685 00:27:46,193 --> 00:27:48,036 "one count murder in the second degree, 686 00:27:48,096 --> 00:27:50,838 "one count arson in the first degree." 687 00:27:50,898 --> 00:27:53,037 Counselor, does your client wish to enter a plea? 688 00:27:53,100 --> 00:27:54,443 HASTINGS: Your Honor, my client refuses 689 00:27:54,502 --> 00:27:57,483 to recognize the jurisdiction of this court. 690 00:27:58,372 --> 00:28:00,978 Is your client in need of a psych exam, Mr. Hastings? 691 00:28:01,075 --> 00:28:03,612 I'm not crazy. I served in Desert Storm. 692 00:28:03,678 --> 00:28:05,919 I've been wounded in battle defending my nation. 693 00:28:05,980 --> 00:28:07,254 I received a Bronze Star. 694 00:28:07,315 --> 00:28:09,795 The defendant's military record is irrelevant, Your Honor. 695 00:28:10,117 --> 00:28:12,461 Irrelevant? I have devoted my life 696 00:28:12,520 --> 00:28:14,261 to the defense of my country. 697 00:28:14,322 --> 00:28:16,131 Killing the enemy is not murder. 698 00:28:16,190 --> 00:28:17,828 Counselor, you might want to remind your client 699 00:28:17,892 --> 00:28:20,133 that anything he says in this courtroom can be used against him. 700 00:28:20,194 --> 00:28:21,366 It is our position 701 00:28:21,429 --> 00:28:23,238 that any acts Lieutenant Miller may have committed, 702 00:28:23,297 --> 00:28:26,107 he did so in the capacity of a soldier during wartime. 703 00:28:26,300 --> 00:28:28,473 A soldier in whose army under whose orders? 704 00:28:28,769 --> 00:28:30,840 JUDGE: I think I'll let the trial court sort that one out. 705 00:28:30,905 --> 00:28:33,943 He also demands an immediate and unconditional release. 706 00:28:34,008 --> 00:28:35,919 Now that one I can decide on my own. 707 00:28:35,977 --> 00:28:38,082 Defendant's application for release is denied. 708 00:28:38,145 --> 00:28:39,419 Defendant is hereby remanded. 709 00:28:41,382 --> 00:28:42,918 I'll take care of it, all right? 710 00:28:45,886 --> 00:28:48,423 My client relies on the statements of the Attorney General 711 00:28:48,489 --> 00:28:50,696 that terrorists are illegal combatants. 712 00:28:50,758 --> 00:28:52,760 Which has no bearing on acts of murder 713 00:28:52,827 --> 00:28:54,329 committed in New York City. 714 00:28:54,395 --> 00:28:56,671 Haddad's legal status has every bearing. 715 00:28:56,731 --> 00:28:59,644 Judge, according to the highest law enforcement official 716 00:28:59,700 --> 00:29:00,701 in this land, 717 00:29:00,768 --> 00:29:04,306 illegal combatants are subject to summary execution. 718 00:29:04,372 --> 00:29:06,010 As far as I know, that determination 719 00:29:06,073 --> 00:29:08,417 hasn't been limited to a particular geography. 720 00:29:08,476 --> 00:29:10,387 But clearly it's limited to battle, 721 00:29:10,444 --> 00:29:11,923 and under exigent circumstances. 722 00:29:11,979 --> 00:29:14,516 Which is exactly what my client was facing. 723 00:29:14,582 --> 00:29:17,028 A terrorist about to attack this country. 724 00:29:17,318 --> 00:29:18,922 He murdered a man. 725 00:29:18,986 --> 00:29:20,226 He used the skills and training 726 00:29:20,288 --> 00:29:21,892 his country gave him and he acted. 727 00:29:21,956 --> 00:29:25,961 By setting an apartment on fire to cover his crime? 728 00:29:26,027 --> 00:29:28,598 Not exactly the actions of a soldier 729 00:29:28,663 --> 00:29:30,665 who thought what he'd done was right, Counselor. 730 00:29:31,198 --> 00:29:32,268 HASTINGS: Do you know what Haddad was doing 731 00:29:32,333 --> 00:29:33,812 at that garage he worked at? 732 00:29:33,868 --> 00:29:35,905 Learning how to drive 18 wheelers. 733 00:29:35,970 --> 00:29:38,177 They had a deal with a trucking company. 734 00:29:38,239 --> 00:29:40,116 That's why he wanted that driver's license so badly. 735 00:29:40,374 --> 00:29:41,910 McCOY: So we all turn our backs 736 00:29:41,976 --> 00:29:44,183 when a cold-blooded murder is committed? 737 00:29:44,378 --> 00:29:47,450 We do that, we turn into the very thing we're fighting. 738 00:29:47,515 --> 00:29:50,257 The word "terrorism" loses its meaning. 739 00:29:50,318 --> 00:29:51,558 I agree with Mr. McCoy. 740 00:29:51,619 --> 00:29:54,099 Your client is a civilian, not a soldier. 741 00:29:54,155 --> 00:29:55,862 All due respect, Your Honor, 742 00:29:55,923 --> 00:29:57,402 but we're all soldiers. 743 00:29:57,458 --> 00:30:00,132 Soldiers in a war against terrorism. 744 00:30:00,194 --> 00:30:02,868 I know this because CNN tells me so every day. 745 00:30:03,497 --> 00:30:06,410 The Homeland Secretary tells us we're all on yellow alert. 746 00:30:06,467 --> 00:30:08,811 That has to mean something more than just a color. 747 00:30:09,170 --> 00:30:10,877 If Juseff Haddad was indeed a terrorist, 748 00:30:10,938 --> 00:30:13,680 then my client was acting in defense of country. 749 00:30:13,741 --> 00:30:15,846 If you won't dismiss this case outright, 750 00:30:15,910 --> 00:30:17,981 at least let me raise this at trial. 751 00:30:18,045 --> 00:30:19,319 Motion to dismiss is denied. 752 00:30:19,580 --> 00:30:20,684 Judge... However, the defendant 753 00:30:20,748 --> 00:30:23,888 will be able to assert reasonable fear of imminent harm at trial. 754 00:30:23,985 --> 00:30:25,123 Your Honor... 755 00:30:25,186 --> 00:30:27,097 I said he could assert a claim, Mr. McCoy. 756 00:30:27,154 --> 00:30:29,259 None of us knows whether it'll fly. 757 00:30:35,262 --> 00:30:36,900 Acting in defense of country. 758 00:30:36,964 --> 00:30:39,137 He's asserting a clear and present danger. 759 00:30:39,200 --> 00:30:41,476 He's making up the law as he goes along. 760 00:30:41,535 --> 00:30:45,540 Illegal combatants military tribunals, a war on terrorism. 761 00:30:45,606 --> 00:30:47,517 We're all making it up as we go along. 762 00:30:47,575 --> 00:30:49,782 Justice isn't a moving target. 763 00:30:49,844 --> 00:30:51,551 We can't just forget the rule of law 764 00:30:51,612 --> 00:30:54,616 because we don't like who lays claim to it. 765 00:30:54,682 --> 00:30:55,752 The jury might bend a little 766 00:30:55,816 --> 00:30:58,160 when they find out who Haddad was. 767 00:30:58,219 --> 00:30:59,823 The FBI just faxed this over. 768 00:31:00,254 --> 00:31:01,528 They traced the source of the money 769 00:31:01,589 --> 00:31:04,399 in his Swiss bank account to a Sudanese charity. 770 00:31:04,458 --> 00:31:06,369 It's on a terrorist watch list. 771 00:31:06,427 --> 00:31:09,670 Which Miller couldn't have known about at the time. 772 00:31:09,730 --> 00:31:11,539 Which a jury definitely will know. 773 00:31:11,599 --> 00:31:13,738 Miller doesn't get the benefit of hindsight. 774 00:31:13,801 --> 00:31:18,250 He can't murder someone and then hope afterwards it turns out he was right. 775 00:31:18,372 --> 00:31:19,817 Only he was right. 776 00:31:19,874 --> 00:31:22,787 Based on what information at the time? What proof? 777 00:31:22,843 --> 00:31:25,687 The only thing that made Juseff Haddad a terrorist 778 00:31:25,746 --> 00:31:29,489 at the time of his murder was where he came from and who he talked to. 779 00:31:30,251 --> 00:31:32,857 The moment we agree to use a person's origin 780 00:31:33,254 --> 00:31:35,131 as a litmus test for terrorism 781 00:31:35,189 --> 00:31:37,635 is the moment the terrorism turns us into racists. 782 00:31:37,691 --> 00:31:39,967 LEWIN: Yeah, but you're forgetting there's a reality here. 783 00:31:40,027 --> 00:31:42,473 The reality of who attacked us. 784 00:31:42,530 --> 00:31:44,100 And where they're from. 785 00:31:44,165 --> 00:31:46,941 In World War ll we put Japanese-Americans into camps. 786 00:31:47,001 --> 00:31:49,607 I'm sure everyone concerned at the time 787 00:31:49,670 --> 00:31:51,047 thought it was right. 788 00:31:51,105 --> 00:31:53,608 But that didn't make it right, or legal. 789 00:31:53,674 --> 00:31:55,915 A jury who learns that Haddad was a terrorist 790 00:31:55,976 --> 00:31:58,650 will vote their fears, not their principles. 791 00:31:59,313 --> 00:32:01,793 It's our job to keep fear out of the courtroom. 792 00:32:03,384 --> 00:32:04,522 Only I think what we're saying is 793 00:32:04,585 --> 00:32:06,656 we're not sure that we can. 794 00:32:12,827 --> 00:32:14,898 McCOY: The audio tapes from which you made the transcriptions 795 00:32:14,962 --> 00:32:17,033 were given to you by the defendant? 796 00:32:17,097 --> 00:32:19,577 Frank told me he was doing surveillance work for the Army. 797 00:32:19,633 --> 00:32:21,203 But you knew that wasn't true? 798 00:32:21,268 --> 00:32:23,714 It was my out, in case Frank got caught. 799 00:32:24,138 --> 00:32:25,310 McCOY: Then the defendant understood that 800 00:32:25,372 --> 00:32:27,045 what he was doing was illegal? 801 00:32:27,107 --> 00:32:28,381 HASTINGS: Objection. 802 00:32:28,442 --> 00:32:29,785 Sustained. 803 00:32:29,844 --> 00:32:31,585 In the translations you made 804 00:32:31,645 --> 00:32:34,182 of Mr. Haddad's phone conversations, 805 00:32:34,248 --> 00:32:38,253 did you ever find any information proving that he was a terrorist? 806 00:32:38,719 --> 00:32:40,460 Nothing specific, no. 807 00:32:40,521 --> 00:32:42,728 What did you hear on those tapes? 808 00:32:42,790 --> 00:32:45,361 Mostly Haddad talked about his family, 809 00:32:45,426 --> 00:32:46,996 about bringing them to America. 810 00:32:47,061 --> 00:32:48,563 Did you tell this to the defendant? 811 00:32:48,629 --> 00:32:49,630 Yes. 812 00:32:49,797 --> 00:32:51,572 What was his reaction? 813 00:32:51,632 --> 00:32:54,238 Frank said that we should keep listening. 814 00:32:55,569 --> 00:32:57,810 That there had to be something. 815 00:33:06,413 --> 00:33:09,951 Find anything when you listened to these tapes, Sergeant? 816 00:33:10,017 --> 00:33:11,394 Anything suspicious at all? 817 00:33:11,886 --> 00:33:13,297 There were a lot of things. 818 00:33:13,354 --> 00:33:15,664 For one, there were references to money. 819 00:33:15,723 --> 00:33:17,168 What sort of references? 820 00:33:17,224 --> 00:33:19,170 Haddad kept assuring who he was talking to 821 00:33:19,226 --> 00:33:20,671 that things were in place. 822 00:33:20,728 --> 00:33:21,900 That he had access to money, 823 00:33:21,962 --> 00:33:23,305 that everything would be waiting. 824 00:33:23,364 --> 00:33:24,434 HASTINGS: Waiting? 825 00:33:24,498 --> 00:33:25,806 Like I said, there were references 826 00:33:25,866 --> 00:33:28,312 that others were gonna be coming over, his family. 827 00:33:29,236 --> 00:33:31,773 How did Lieutenant Miller react to all this? 828 00:33:31,839 --> 00:33:33,978 He thought Haddad was a sleeper. 829 00:33:34,308 --> 00:33:35,651 A sleeper? 830 00:33:35,943 --> 00:33:38,219 Someone here waiting for orders. 831 00:33:38,679 --> 00:33:40,249 Now, Joseph Haden, 832 00:33:40,314 --> 00:33:43,625 that's what the subject on the tape called himself. 833 00:33:43,951 --> 00:33:46,659 He kept his real name, Juseff Haddad, secret? 834 00:33:46,720 --> 00:33:48,165 As far as I know, yes. 835 00:33:48,456 --> 00:33:50,163 What about the phone he was using? 836 00:33:50,224 --> 00:33:53,000 It was a prepaid, untraceable cell phone. 837 00:33:53,827 --> 00:33:55,773 He had no telephone in his apartment? 838 00:33:55,830 --> 00:33:56,934 None. 839 00:33:57,798 --> 00:33:59,675 And he had a minimum wage job? 840 00:33:59,733 --> 00:34:01,235 Yes. I believe so. 841 00:34:01,302 --> 00:34:05,409 Are you aware that Juseff Haddad, or whatever his name was, 842 00:34:06,040 --> 00:34:08,680 had almost $90,000 in the bank? 843 00:34:09,076 --> 00:34:10,350 Objection. 844 00:34:10,411 --> 00:34:11,822 Overruled. 845 00:34:11,879 --> 00:34:14,257 I think Frank had access to his bank account. 846 00:34:14,315 --> 00:34:16,022 Are you also aware that Mohammed Atta, 847 00:34:16,083 --> 00:34:17,892 the man behind the 9/11 attacks 848 00:34:18,185 --> 00:34:20,529 also had a minimum wage job? Objection! 849 00:34:20,588 --> 00:34:22,625 And hundreds of thousands of dollars in the bank? 850 00:34:22,690 --> 00:34:23,930 Objection! Sustained. 851 00:34:23,991 --> 00:34:25,470 While he was planning to destroy the World Trade Center? 852 00:34:25,526 --> 00:34:28,871 Your Honor! Move on or be seated, Mr. Hastings. 853 00:34:32,233 --> 00:34:35,908 I think everything that needs to be said has just been said. 854 00:34:48,616 --> 00:34:50,391 Serena told me she saw heads nodding 855 00:34:50,451 --> 00:34:53,489 in the jury box during Hastings' cross. 856 00:34:54,855 --> 00:34:58,132 Fears in, common sense judgment goes out the window. 857 00:34:58,726 --> 00:35:02,230 You once told me that when people were afraid, 858 00:35:02,296 --> 00:35:04,139 they'd consider any means necessary 859 00:35:04,198 --> 00:35:06,576 in order to feel safe again. 860 00:35:06,634 --> 00:35:08,409 People can consider whatever they want. 861 00:35:08,469 --> 00:35:11,143 But fear is not a license to kill. 862 00:35:13,340 --> 00:35:17,811 What Miller did put everyone who lived in that building at risk. 863 00:35:18,879 --> 00:35:22,725 He acted as a vigilante, not in anyone's defense. 864 00:35:23,684 --> 00:35:25,630 Labels won't matter if there's an acquittal, Jack. 865 00:35:27,621 --> 00:35:29,532 He hasn't walked just yet. 866 00:35:29,590 --> 00:35:31,467 Yeah. But if he does... 867 00:35:31,992 --> 00:35:34,199 There's lunatics out there. 868 00:35:34,628 --> 00:35:36,232 They'll consider a not guilty verdict 869 00:35:36,297 --> 00:35:38,470 as the start of open season on Arabs. 870 00:35:41,235 --> 00:35:43,272 And the alternative is what? 871 00:35:43,337 --> 00:35:45,408 Make it go away. Offer him man one. 872 00:35:45,472 --> 00:35:47,577 If he takes it, the point's been made. 873 00:35:48,309 --> 00:35:49,913 I can't do that. 874 00:35:50,344 --> 00:35:51,880 Can't or won't? 875 00:35:53,781 --> 00:35:55,260 I'll withdraw from the case, if you want, 876 00:35:55,315 --> 00:35:56,794 and I'll understand the reason why, 877 00:35:56,850 --> 00:35:58,727 but I can't make a deal here. 878 00:35:59,353 --> 00:36:00,457 Why? 879 00:36:00,521 --> 00:36:01,966 Because of how easy it would be. 880 00:36:02,022 --> 00:36:05,094 Because of how much I personally want to do it. 881 00:36:06,527 --> 00:36:09,633 Miller's not on trial in this case, Nora, we are. 882 00:36:12,866 --> 00:36:14,937 How do we plea bargain that? 883 00:36:20,374 --> 00:36:22,945 Ten years' service in the Army. 884 00:36:23,110 --> 00:36:24,612 That's right. 885 00:36:24,678 --> 00:36:28,421 A Purple Heart, Bronze Star for valor. 886 00:36:30,050 --> 00:36:32,394 Your nation considers you a hero, Mr. Miller. 887 00:36:32,453 --> 00:36:34,057 I was just doing my duty. 888 00:36:34,121 --> 00:36:36,397 And your pursuit of Juseff Haddad? 889 00:36:36,457 --> 00:36:38,266 Something I also felt duty bound to do. 890 00:36:38,325 --> 00:36:39,531 As a patriot. 891 00:36:39,593 --> 00:36:40,867 And what made you feel that? 892 00:36:40,928 --> 00:36:43,204 Everything. Everything about him. 893 00:36:44,231 --> 00:36:45,938 The fact he was here illegally. 894 00:36:46,000 --> 00:36:47,843 The fact he used a false name 895 00:36:47,901 --> 00:36:49,608 actively concealed who he was. 896 00:36:49,670 --> 00:36:51,843 Couldn't he have simply been afraid of deportation? 897 00:36:51,905 --> 00:36:54,511 He was meeting other Arabs, men from his mosque. 898 00:36:55,008 --> 00:36:56,043 And he was going out of his way 899 00:36:56,110 --> 00:36:58,056 to make people think that he was poor, 900 00:36:58,112 --> 00:37:00,422 but he had $90,000 in the bank. 901 00:37:01,315 --> 00:37:03,795 An immigrant does everything to build a life. 902 00:37:04,551 --> 00:37:07,191 Haddad was doing everything to hide his. 903 00:37:08,288 --> 00:37:09,323 Anything else? 904 00:37:09,390 --> 00:37:10,664 He was getting calls from overseas 905 00:37:10,758 --> 00:37:12,396 on an untraceable cell phone. 906 00:37:12,459 --> 00:37:13,836 He was being told to get things ready. 907 00:37:13,894 --> 00:37:17,933 And over and over again, he talked about bringing his family here. 908 00:37:17,998 --> 00:37:20,171 And that had some significance for you? 909 00:37:20,567 --> 00:37:22,103 Well, from the conversation on these tapes, 910 00:37:22,169 --> 00:37:24,615 these people were supposed to be coming any day. 911 00:37:24,672 --> 00:37:27,551 But Haddad never did a thing to get his place ready. 912 00:37:28,042 --> 00:37:29,612 No beds, nothing. 913 00:37:30,778 --> 00:37:32,121 And what did you conclude? 914 00:37:32,179 --> 00:37:34,955 It was obvious "family" was code. 915 00:37:35,015 --> 00:37:37,359 Haddad was a terrorist, a sleeper. 916 00:37:37,718 --> 00:37:39,789 So you decided to stop him? 917 00:37:40,387 --> 00:37:43,425 Not till after the last phone call from Teague. 918 00:37:44,725 --> 00:37:46,534 And what did he tell you? 919 00:37:46,960 --> 00:37:51,272 He confirmed that Haddad had no family, no wife, no child 920 00:37:52,366 --> 00:37:54,141 and that I'd been right about the code. 921 00:37:54,201 --> 00:37:56,977 And only then did you act? 922 00:37:58,238 --> 00:38:00,514 I did what I was trained to do. 923 00:38:06,180 --> 00:38:08,126 Did what you were trained to do? That's right! 924 00:38:08,182 --> 00:38:11,629 On whose orders? Where was the chain of command in all this? 925 00:38:11,685 --> 00:38:12,720 You don't get it. 926 00:38:12,786 --> 00:38:15,790 Who verified the target before you took it on yourself to act? 927 00:38:15,856 --> 00:38:19,360 I just testified that Teague had confirmed Haddad had no family. 928 00:38:19,426 --> 00:38:20,666 Teague is a journalist. 929 00:38:20,728 --> 00:38:22,173 He had a source in the State Department. 930 00:38:22,229 --> 00:38:23,606 And there was no question in your mind 931 00:38:23,664 --> 00:38:25,041 that this source was reliable? 932 00:38:25,099 --> 00:38:26,169 None whatsoever. 933 00:38:26,233 --> 00:38:28,076 So you knew at that point. 934 00:38:28,135 --> 00:38:29,944 Juseff Haddad was a terrorist! 935 00:38:30,871 --> 00:38:31,941 Yes. 936 00:38:33,540 --> 00:38:35,451 Only you didn't call the FBI? 937 00:38:35,509 --> 00:38:37,955 The FBI ignored the warning signs. 938 00:38:38,912 --> 00:38:40,550 But you had new evidence. 939 00:38:40,614 --> 00:38:43,959 Surely with this proof the FBI would have had to act. 940 00:38:45,886 --> 00:38:47,194 Only you couldn't wait, could you? 941 00:38:47,387 --> 00:38:48,832 I didn't think so, no. 942 00:38:48,889 --> 00:38:50,960 Or was it that you didn't want to? 943 00:38:51,024 --> 00:38:53,004 You knew that not a single dime 944 00:38:53,060 --> 00:38:54,835 of the money had been touched. 945 00:38:54,895 --> 00:38:58,138 That not a single contact had been made by Mr. Haddad. 946 00:38:58,198 --> 00:38:59,677 But you went there anyway, didn't you? 947 00:38:59,733 --> 00:39:02,009 Objection. You went there without a warrant, 948 00:39:02,069 --> 00:39:04,049 without benefit of any legal authority, 949 00:39:04,104 --> 00:39:05,879 intent on killing this man. 950 00:39:05,939 --> 00:39:07,577 HASTINGS: Objection! JUDGE: Overruled. 951 00:39:07,641 --> 00:39:11,088 I told you. I did what I was trained to do. 952 00:39:11,178 --> 00:39:13,988 When did the Army train you 953 00:39:14,515 --> 00:39:17,359 to kill an unarmed prisoner, Mr. Miller? 954 00:39:22,489 --> 00:39:26,027 When did the Army train you to risk civilian lives 955 00:39:26,093 --> 00:39:29,836 in an explosion designed to hide your crime? 956 00:39:30,531 --> 00:39:31,942 Osama bin Laden never thought 957 00:39:31,999 --> 00:39:33,740 the Towers would come down either, Mr. Miller. 958 00:39:33,800 --> 00:39:35,802 Your Honor! Strike that last comment. 959 00:39:35,869 --> 00:39:38,110 These people are here. 960 00:39:38,805 --> 00:39:40,876 The FBI knows it, the CIA. 961 00:39:40,941 --> 00:39:42,079 You must understand, 962 00:39:42,142 --> 00:39:45,419 if we don't kill them first, they will kill us. 963 00:39:45,479 --> 00:39:47,891 Which would make who the terrorist? 964 00:40:00,060 --> 00:40:02,904 You can defend your home, your family. 965 00:40:04,331 --> 00:40:06,106 Nobody'll question you, 966 00:40:06,166 --> 00:40:08,339 doubt the sincerity of your motives. 967 00:40:09,570 --> 00:40:12,517 But some attacks, you can't know who the victim will be 968 00:40:13,006 --> 00:40:14,952 or when the attack will come. 969 00:40:15,008 --> 00:40:16,715 Nobody could have imagined that 970 00:40:16,777 --> 00:40:18,381 a beautiful September morning 971 00:40:18,445 --> 00:40:21,585 could have been the prelude to so much death. 972 00:40:23,951 --> 00:40:26,522 Mr. McCoy would have us wait for proof 973 00:40:26,587 --> 00:40:29,033 before he'll allow us to defend ourselves. 974 00:40:29,756 --> 00:40:31,667 But sometimes proof comes too late. 975 00:40:33,393 --> 00:40:34,599 Frank Miller acted. 976 00:40:35,262 --> 00:40:37,401 Did what he was trained to do. 977 00:40:37,464 --> 00:40:38,909 Not for himself, 978 00:40:39,166 --> 00:40:42,340 but for you and for me. 979 00:40:43,937 --> 00:40:46,747 And no matter what the prosecutor tells you in this courtroom, 980 00:40:46,807 --> 00:40:49,447 the one thing he won't tell you is that Juseff Haddad 981 00:40:49,509 --> 00:40:51,716 wasn't here to harm us. 982 00:40:51,778 --> 00:40:55,419 If Haddad was a terrorist, then Frank Miller is a hero. 983 00:40:56,850 --> 00:40:59,421 If it really is a war we're fighting, 984 00:40:59,486 --> 00:41:02,797 if our country's survival really is at stake, 985 00:41:02,856 --> 00:41:05,496 then the rules of war have to apply. 986 00:41:07,561 --> 00:41:10,633 And you don't try a soldier for murder. 987 00:41:13,333 --> 00:41:16,439 Not if you want him to fight for you. 988 00:41:33,220 --> 00:41:34,597 (EXHALING) 989 00:41:34,655 --> 00:41:37,898 We all fear the threat of terrorism 990 00:41:37,958 --> 00:41:41,531 and the simple fact is that our lives have changed. 991 00:41:42,996 --> 00:41:45,237 But what we do with that fear 992 00:41:45,299 --> 00:41:48,337 will ultimately define who we are. 993 00:41:50,337 --> 00:41:52,146 Do we let it overwhelm us, 994 00:41:52,739 --> 00:41:57,051 until we become so consumed with dread of what might be 995 00:41:58,011 --> 00:42:00,958 that we no longer give thought to what should be? 996 00:42:01,848 --> 00:42:03,828 Or what we stand for? 997 00:42:05,018 --> 00:42:08,363 Being afraid can't justify murder. 998 00:42:11,992 --> 00:42:14,302 Nor can calling yourself a patriot. 999 00:42:16,730 --> 00:42:20,337 People in this country are innocent until proven guilty. 1000 00:42:22,169 --> 00:42:24,206 We've sent men off to die 1001 00:42:24,271 --> 00:42:26,148 in order to protect that right. 1002 00:42:26,206 --> 00:42:29,653 Don't let's be the first generation to succumb to fear. 1003 00:42:30,911 --> 00:42:33,357 Not when so many who came before us 1004 00:42:33,413 --> 00:42:34,915 stood their ground. 1005 00:42:37,150 --> 00:42:39,596 McCOY: When Frank Miller took on the role 1006 00:42:39,653 --> 00:42:42,293 of judge, jury and executioner, 1007 00:42:42,355 --> 00:42:45,336 his actions diminished us all. 1008 00:42:45,992 --> 00:42:47,801 When in our name, 1009 00:42:47,861 --> 00:42:50,432 he took it upon himself to kill a man, 1010 00:42:50,497 --> 00:42:53,774 we all lost a measure of our humanity. 1011 00:42:56,970 --> 00:42:59,678 But this jury has a chance to get it back. 1012 00:43:01,008 --> 00:43:02,453 Because this jury 1013 00:43:02,943 --> 00:43:05,423 has a chance to answer the question. 1014 00:43:07,681 --> 00:43:09,558 How much of ourselves as a country 1015 00:43:09,616 --> 00:43:12,096 are we willing to surrender to terrorism? 1016 00:43:30,437 --> 00:43:31,848 Has the jury reached a verdict? 1017 00:43:32,606 --> 00:43:34,517 Yes, we have, Your Honor. 1018 00:43:34,574 --> 00:43:36,451 As to the first count in the indictment, 1019 00:43:36,510 --> 00:43:39,684 murder in the second degree in the death of Juseff Haddad, 1020 00:43:39,746 --> 00:43:42,522 we find the defendant, Frank Miller, guilty. 1021 00:43:57,764 --> 00:43:59,744 Five days of jury deliberations. 1022 00:44:00,434 --> 00:44:02,846 Which means some of them were ready to acquit. 1023 00:44:03,336 --> 00:44:06,249 LEWIN: A minority may have given in to their fears for a moment. 1024 00:44:06,840 --> 00:44:08,183 But you were right, Jack. 1025 00:44:08,241 --> 00:44:09,720 They came to their senses. 1026 00:44:10,744 --> 00:44:12,587 I think the American dream is still safe. 1027 00:44:14,915 --> 00:44:16,826 Give us your tired, your poor, 1028 00:44:17,784 --> 00:44:19,286 your terrorists. 1029 00:44:19,336 --> 00:44:23,886 Repair and Synchronization by Easy Subtitles Synchronizer 1.0.0.0 80648

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