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NARRATOR:
In the criminal justice system
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00:00:03,099 --> 00:00:06,979
the people are represented
by two separate yet equally important groups,
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00:00:07,036 --> 00:00:08,845
the police
who investigate crime
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00:00:08,905 --> 00:00:11,715
and the district attorneys
who prosecute the offenders.
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00:00:11,774 --> 00:00:13,253
These are their stories.
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00:00:14,410 --> 00:00:16,617
The guys from auto theft
finally confirmed,
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00:00:16,679 --> 00:00:18,522
deposit's down
on the hotel.
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00:00:18,581 --> 00:00:20,583
Plus I chipped in
for a little something extra.
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00:00:20,650 --> 00:00:22,687
Uh, we said no girls,
remember?
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00:00:22,752 --> 00:00:25,062
It's a bachelor party,
there's gotta be entertainment.
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00:00:25,121 --> 00:00:26,794
Frank, I told you
I'm not doing it
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00:00:26,856 --> 00:00:28,767
with some hooker
a week before my wedding day.
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00:00:28,858 --> 00:00:30,804
What? Nobody can
have any fun except you?
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00:00:30,860 --> 00:00:32,464
I'm the one who's
been married 10 years.
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00:00:33,529 --> 00:00:35,099
(ALARMS SOUNDING)
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What the hell
was that? You okay?
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00:00:40,503 --> 00:00:42,813
Call it in!
Tell 'em to bring fire, police, bomb squad!
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00:00:42,872 --> 00:00:45,853
This is Unit 12.
We have an explosion at 9 Broome Street.
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00:00:46,342 --> 00:00:48,515
Yeah, once we got up there,
we found the body in the fourth floor,
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00:00:48,577 --> 00:00:49,988
southeast corner
apartment.
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Male, I don't know,
maybe mid-30s.
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00:00:51,747 --> 00:00:52,748
You heard a name yet?
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00:00:52,815 --> 00:00:55,159
No, just the one
on the buzzer. Haden.
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00:00:55,318 --> 00:00:56,524
Anybody else get hurt?
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00:00:56,585 --> 00:00:59,725
Looks like
the other tenants already left for work.
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00:00:59,789 --> 00:01:02,599
We got a best guess yet
on cause and origin?
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00:01:02,658 --> 00:01:04,399
Well, arson's doing
the prelim now.
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00:01:04,460 --> 00:01:07,373
But based on
the burn pattern, I'm thinking gas leak.
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00:01:07,430 --> 00:01:08,909
The bomb squad
will be relieved.
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00:01:08,965 --> 00:01:11,445
You kidding? They evacuated
the whole block when they got here.
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These days
you don't know who you're dealing with.
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00:01:13,469 --> 00:01:16,450
Well, the job wasn't
exactly routine before.
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00:01:16,505 --> 00:01:18,951
Is it okay to go up?
Yeah. Whenever you're ready.
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00:01:19,008 --> 00:01:20,681
I'll find out where
they're sheltering the tenants,
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I'll get right back
to you.
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All right. Thanks, man.
Take care of yourself.
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The building's got
some history.
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I'm sensing something
of an illicit nature.
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00:01:27,850 --> 00:01:29,352
It's a landlord-tenant gripe.
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They won't pay the rent
till he makes the repairs.
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So, he lets
the place go to seed until they pay up.
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The beat cop said that
the empty units attracted some squatters.
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He's gonna run down
any collars.
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He was pretty shook up.
I don't blame him.
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I guess we're
all a little jumpy since 9111.
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Yeah, everybody
except Mr. Haden.
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00:02:36,252 --> 00:02:38,493
BECK: The fire marshal
traced the origin of the explosion
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00:02:38,587 --> 00:02:40,328
back to the gas line,
here.
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00:02:40,389 --> 00:02:41,595
So, what happened?
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00:02:41,657 --> 00:02:44,831
It looks like somebody
disconnected the stove, left the gas line open.
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00:02:44,960 --> 00:02:46,200
So, it wasn't
an accident?
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00:02:46,262 --> 00:02:47,741
No. Only way for
the gas to get out,
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the line had
to be unhooked.
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00:02:49,198 --> 00:02:50,802
In order to do that,
you have to pull
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the stove away
from the wall.
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00:02:52,168 --> 00:02:55,342
One of the uniformed officers
found this crescent wrench
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in the debris pile
over there.
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It's sized
to the flare nut on the gas line.
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00:03:00,609 --> 00:03:02,520
So somebody had
to know exactly what they were doing.
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00:03:02,578 --> 00:03:04,683
Yeah, and once
the gas line is open,
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00:03:04,747 --> 00:03:08,058
the gas rises
and it accumulates in the top of the room,
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creating what's called
a flammable range.
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00:03:10,453 --> 00:03:11,864
And that'd
be right here.
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00:03:11,921 --> 00:03:14,424
BRISCOE: So, below that,
no problem, above it...
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00:03:14,490 --> 00:03:17,198
Yeah, ideal conditions
for an incendiary event.
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00:03:17,259 --> 00:03:19,136
You got any idea what
sparked the explosion?
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A candle,
right over here.
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ED: How do you know?
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00:03:22,898 --> 00:03:24,502
Well, when a candle
melts away,
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00:03:24,567 --> 00:03:26,569
the wax always
leaves a residue.
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That was your fuse.
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So, somebody
unhooks the stove,
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00:03:29,905 --> 00:03:32,647
lights the candle
and waits for the gas to fill the room.
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Give it 10,
15 minutes.
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The gas floats down
to the height of the candle.
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(MIMICS EXPLOSION)
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So, you're thinking
someone set a trap for this man?
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00:03:40,683 --> 00:03:41,753
Well, it was either
on purpose
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or the worst case
of home repair ever.
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00:03:43,686 --> 00:03:45,791
Well, what about signs
of forced entry?
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00:03:45,855 --> 00:03:47,266
There weren't any.
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00:03:47,323 --> 00:03:50,702
So someone
was given access or used a key.
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00:03:50,759 --> 00:03:52,636
Tell me about
this rent strike.
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00:03:52,695 --> 00:03:54,072
The beat cop said
they'd been going
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00:03:54,129 --> 00:03:55,836
round and round
for about a year.
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00:03:55,898 --> 00:03:58,208
Well, maybe the landlord
got tired of the ride,
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00:03:58,267 --> 00:04:01,180
and this was his idea
of an eviction notice.
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00:04:02,938 --> 00:04:06,579
You think it was arson,
that I set my own building on fire?
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00:04:06,775 --> 00:04:07,776
BRISCOE: ls there
anybody who can vouch
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for your whereabouts
this morning, Mr. Cortez?
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(SCOFFS) My wife
was out of town,
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00:04:12,515 --> 00:04:14,825
but she'd
probably say you got a hell of a theory,
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except for one thing.
No insurance.
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00:04:17,686 --> 00:04:19,791
The law says
you're supposed to carry a policy
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on a residential unit.
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00:04:21,357 --> 00:04:23,098
I missed a couple
of payments.
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00:04:23,159 --> 00:04:26,333
The insurance company
canceled my ass last month.
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00:04:26,395 --> 00:04:28,739
I'm gonna be
wiped out now.
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00:04:28,797 --> 00:04:31,778
Funny thing,
Haden was the only tenant I liked.
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00:04:32,034 --> 00:04:33,172
BRISCOE: Why's that?
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Those other leaches
got together,
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00:04:34,837 --> 00:04:36,748
decided to stiff me
on the rent,
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00:04:36,805 --> 00:04:40,343
but Joseph,
he still paid in cash, every month.
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00:04:40,676 --> 00:04:43,088
So, he was the only one
who hadn't joined the rent strike?
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00:04:43,145 --> 00:04:44,419
Only one.
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Bet the other tenants
were thrilled.
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00:04:50,452 --> 00:04:52,261
TENANT: Man had only
been here two years.
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00:04:52,388 --> 00:04:55,232
The rest of us lived
in that building over 10.
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Come on,
what are we gonna do,
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00:04:56,892 --> 00:04:58,633
blow up our own building
just to get back at him?
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00:04:58,694 --> 00:05:00,435
Besides,
these foreigners come here
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00:05:00,496 --> 00:05:02,976
and they don't have
the same stake in things as the rest of us.
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BRISCOE: What do
you mean "foreigners"?
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00:05:04,200 --> 00:05:06,840
Haden wasn't American.
He wasn't from here.
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00:05:06,902 --> 00:05:08,779
Where was he from?
Maybe India.
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00:05:09,171 --> 00:05:11,117
Something
in Arabia maybe.
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00:05:11,707 --> 00:05:13,050
An Arab?
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00:05:13,108 --> 00:05:14,382
How well did you two
know him?
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00:05:14,443 --> 00:05:16,320
He was a quiet guy.
He kept to himself.
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00:05:16,378 --> 00:05:18,289
Gone most days.
Work, I guess.
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Was he home yesterday?
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He passed me in the hall,
never said so much as hello.
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00:05:21,817 --> 00:05:24,058
What about girlfriends?
Visitors?
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00:05:24,119 --> 00:05:25,393
Never saw him
with a woman.
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00:05:25,454 --> 00:05:26,899
There'd be some men
sometimes.
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00:05:26,956 --> 00:05:27,991
ED: Do you know
who they were?
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00:05:28,057 --> 00:05:29,900
They'd come in groups
of two or three.
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00:05:29,959 --> 00:05:31,802
Were these guys
Arabs, too?
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00:05:31,927 --> 00:05:34,737
Guess they come
from wherever he come from.
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00:05:35,731 --> 00:05:37,972
Who the hell knows
these days?
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00:05:39,134 --> 00:05:42,172
Best guess?
Mr. Haden was of Middle Eastern descent.
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00:05:42,238 --> 00:05:44,184
Blast victims always
present a few problems.
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00:05:44,240 --> 00:05:45,617
This one was
particularly tricky.
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00:05:45,674 --> 00:05:46,675
Why?
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00:05:46,742 --> 00:05:49,416
First off,
he came back negative for carboxyhemoglobin.
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00:05:49,478 --> 00:05:51,754
Wait. In English,
he had no smoke in his lungs?
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00:05:51,814 --> 00:05:54,522
Yeah. His airways
were also completely free of soot.
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00:05:54,583 --> 00:05:57,359
Intriguing finding
for somebody who died in a fire.
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00:05:57,419 --> 00:06:00,025
That's because
he didn't die in a fire.
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00:06:01,123 --> 00:06:05,003
Cavity x-rays
showed evidence of blunt force trauma.
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00:06:05,060 --> 00:06:07,097
Broken ribs,
legs, arms, neck.
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00:06:07,162 --> 00:06:09,540
The initial response team
found him buried under some rubble.
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00:06:09,598 --> 00:06:10,804
Yeah, but that
didn't kill him either.
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00:06:10,866 --> 00:06:13,278
There was no hemorrhaging
associated with any of those injuries.
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00:06:13,335 --> 00:06:14,780
BRISCOE:
So, what did kill him?
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00:06:14,837 --> 00:06:18,148
Posterior inspection
indicates massive bleeding
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00:06:18,207 --> 00:06:20,551
in the upper
cervical vertebrae.
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00:06:20,876 --> 00:06:22,014
Somebody broke his neck.
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00:06:22,077 --> 00:06:24,455
And you're positive
that didn't happen because the ceiling collapsed?
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00:06:24,513 --> 00:06:25,856
No. Once I fixed
cause of death,
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00:06:25,914 --> 00:06:28,292
I went back into
the soft tissue exam,
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00:06:28,350 --> 00:06:31,524
found focal hemorrhaging
in his wrists and ankles.
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00:06:31,587 --> 00:06:34,659
Your killer tied him up
before he murdered him.
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00:06:35,090 --> 00:06:37,730
She say whether or not
this could have been a one-man job?
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00:06:37,793 --> 00:06:39,272
Nothing conclusive
either way.
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00:06:39,328 --> 00:06:40,739
A couple of
the tenants mentioned
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00:06:40,796 --> 00:06:42,776
that Haden
had a few visitors now and again.
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00:06:42,831 --> 00:06:44,276
But they couldn't tell us
much more than that.
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00:06:44,333 --> 00:06:48,679
Yeah. Except that Haden
and his visitors were all of Middle Eastern decent.
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00:06:48,737 --> 00:06:51,149
And you think
his ethnicity's significant?
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00:06:51,206 --> 00:06:53,049
Well, there was
an explosion involved.
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00:06:53,108 --> 00:06:54,678
I think it's
a little early to conclude
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00:06:54,743 --> 00:06:56,984
that Haden being an Arab
had anything to do with it.
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00:06:57,046 --> 00:07:00,152
Well, still,
chances are he might have known his killer.
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00:07:00,215 --> 00:07:02,217
How much do we know
about his personal life?
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00:07:02,284 --> 00:07:04,662
He didn't
have a girlfriend, no known next of kin.
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00:07:04,720 --> 00:07:06,199
Criminal records?
Nothing.
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00:07:06,255 --> 00:07:07,632
No credit cards either.
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00:07:07,690 --> 00:07:09,761
No references,
no previous address on the lease.
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00:07:09,825 --> 00:07:10,929
He paid his rent
in cash.
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00:07:10,993 --> 00:07:13,906
BRISCOE: I'm telling you,
this guy wasn't just flying below the radar,
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00:07:13,962 --> 00:07:15,839
he was off the screen.
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00:07:19,001 --> 00:07:21,504
Three times a week,
he'd bring me his greasy clothes.
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00:07:21,570 --> 00:07:23,311
You should
see these things.
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00:07:23,372 --> 00:07:25,648
I ask him,
how you get so dirty?
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What'd he say?
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00:07:26,775 --> 00:07:28,482
He says,
blame the boss.
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00:07:28,544 --> 00:07:30,080
He mention
where he worked?
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00:07:30,145 --> 00:07:32,785
No, but I know
he got paid nothing.
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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.
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00:07:38,587 --> 00:07:40,658
One time,
I see a pay stub.
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00:07:41,323 --> 00:07:42,393
Peanuts.
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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
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