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NARRATOR:
In the criminal justice system
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00:00:07,974 --> 00:00:11,842
the people are represented by two
separate yet equally important groups,
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00:00:11,911 --> 00:00:13,708
the police who investigate crime
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00:00:13,780 --> 00:00:16,613
and the district attorneys
who prosecute the offenders.
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These are their stories.
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Couple ofjabs.
Couple ofjabs. Boom!
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A right cross
and that's all he wrote.
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You're gonna knock out Coop?
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Speed, my friend.
No, not speed. Quicks.
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Two rounds tops.
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JIM: I'll tell you what. You knock out Coop
in two rounds, beers are on me for a month.
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You in on this?
Coop's a southpaw.
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ROB: So?
You ever fight a southpaw?
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Burger, rare.
Fries crispy, guys.
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That man has the bladder
of a fruit fly.
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No. A beer says it's not
his bladder that's aching.
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No. No, no.
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I said no, Adam.
Come on, no one cares.
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I do!
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I got a husband, damn it.
Didn't bother you last week.
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I made a mistake.
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So what does that mean?
You figure it out.
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Hey!
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I got a gun. I'll use it.
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JIM: He's not gonna catch me.
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ROB: Catch you? Yeah.
One punch and I'm down.
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Jab. Jab. Cross. Uppercut.
If Coop hits back?
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ROB: Bob and weave.
Bob and weave.
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JIM: Black and blue. Black and blue.
(GUNSHOTS)
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(CAR TIRES SQUEALING)
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Shots fired, MOS down. Rush the bus.
43rd and 11th.
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Give her room, damn it! Back up!
Give her room! Hang on, Alice.
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ADAM: Alice Cushman.
She works the 31.
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You too, huh?
Yeah. I just talked to her.
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What about?
I went to take a leak.
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It was a "hello" outside the men's room.
Nothing heavy.
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Anybody else talk "heavy"
to her in the past? Why?
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00:02:06,693 --> 00:02:09,685
Just helps to get a fix on who
the victim is, that's all.
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I saw her in the house
every morning before call.
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"Morning." "You see the game?" Stuff
about Rickie. Stuff like that?
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Who's Rickie? Her son, 17 months.
Real cutie.
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I seen pictures.
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Paramedic says she's gonna make it.
Shoulder through-and-through.
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She's just mostly in shock.
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Adam Brennan.
Any fix on the shooter?
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Maybe I should be asking you
that question.
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You were the first one out
of the diner, right?
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I was inside.
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You know, Alice has got a husband.
Maybe I should call him.
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Why don't you give us
his number.
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I can get it for you.
Great.
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I think Officer Brennan knows a
lot more than he's telling us.
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What, a little birdie
told you that?
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You and I've been partnered,
what, four years?
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He knows the exact age
of the victim's kid.
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So?
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So, forget about
how old my daughter is,
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you even know
what state she lives in?
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Hey, the busboy saw a blue car speed
around that corner after the shots.
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The plates had three numbers followed by three
letters, the last two were "U" and "V".
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I don't think the
first one was "L".
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The Commissioner's talking
about a task force.
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What, over two cops, who each
have a spouse on the side,
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sweating up the sheets?
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Lennie's been watching
too much Dr. Phil.
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00:04:09,816 --> 00:04:13,183
I don't know who that is but if he's
got a cure for marital infidelity
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on the job we ought to
put him on retainer.
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00:04:15,421 --> 00:04:19,255
On the other hand, half of the 31 ends
up at the Market Diner for coffee.
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If someone was holding a grudge
against Officer Cushman,
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they'd know to find her there.
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Witness says the shooter was
moving at a pretty good clip.
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Could have been he wasn't picky,
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as long as
you were wearing blue.
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Well, let's hope
to hell Lennie's right.
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(TELEPHONE RINGS) Yeah?
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Okay.
They'll be right there.
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She's awake.
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Don thinks I should have quit
the job after we got married.
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He thinks a woman's place
is making dinner and babies.
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Tell me I'm wrong now.
Well...
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Tell him this was a freak thing.
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ALICE: It's not like there's anyone
out there gunning for me, Don.
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Well, actually
we can't confirm or deny.
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Oh, yeah, all those
parking tickets,
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I knew I should have
worn a Kevlar bra.
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You wear a uniform.
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There could be some nut out
there gunning for all cops!
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I'm just saying
we got a new baby.
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By the way, your pal, Adam
Brennan, sends his best.
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Who?
Just one of the cops.
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My wife!
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Just one of the boys!
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She's out partying and I'm
stuck home changing diapers.
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What, it's my fault
no one's hiring?
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Look, I really didn't see
the guy or the car.
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(CLEARS THROAT) Look, Doc says I should
get some sleep if you don't mind?
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You know where to find us.
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Okay. You were right. Once.
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ADAM: Okay. We rented a room
twice.
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It's not like it was this
hot-and-heavy kind of thing.
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I'm happily married.
How happy is your wife?
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Very. And if it's okay with you,
I'd like to keep her that way.
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That's why I didn't say
anything last night.
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You're a real ace with
secrets, huh, Brennan.
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How happy is Alice's marriage?
ADAM: You think Don?
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No way.
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BRISCOE: What, he's not
the possessive type?
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She says he didn't have a clue.
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And if he did, he'd be
taking shots at me, not her.
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Did Alice get "personal"
with anybody besides you?
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No way. She's a good girl.
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Could we...
Yeah, yeah.
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New York's finest.
Hey, he cheats on his wife.
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You built a new wing on some
casino in Atlantic City.
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00:06:18,177 --> 00:06:20,509
I liked the liquid refreshment
a little too much.
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We're dogs, every one of us.
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No wonder the public thinks
so highly of us.
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Oh, no, they love us. They have to.
(CELL PHONE RINGING)
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When they run away from
something, we run toward it.
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Yeah, Green.
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Okay. Could you do me a favor?
Get that over to Forensics.
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00:06:34,961 --> 00:06:36,895
All right. Cool. Thanks, man.
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A BMW was clipped last night around the
corner from the scene by a blue car.
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Could be our shooter.
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00:06:44,937 --> 00:06:48,065
I parked it in front of my house two
nights ago when I got home. I overslept.
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The next morning it was gone. Why
didn't you report it stolen?
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00:06:50,910 --> 00:06:52,502
Because I thought
you guys towed it.
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00:06:52,578 --> 00:06:55,172
And you didn't call
Parking Enforcement to check?
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00:06:55,248 --> 00:06:57,808
I didn't have the money to claim it
back until next week's pay check.
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00:06:57,884 --> 00:07:00,045
Took me an hour-and-a-half
on the bus to get here.
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00:07:00,119 --> 00:07:02,747
Does anybody else have
access to the car, Ms. Thomas?
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Like who?
A kid, for instance.
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My son is dead.
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00:07:06,793 --> 00:07:08,420
So, you did your good deed
telling me it was stolen.
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00:07:08,494 --> 00:07:10,325
You can go now.
I got work to do.
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00:07:10,396 --> 00:07:12,193
You don't understand,
Ms. Thomas.
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Whoever took your car may have
tried to shoot a police officer.
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Oh, that sure explains it.
ED: Explains what?
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How hard would you have looked
if it was me reported it stolen?
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So much for your theory
about the public loving us.
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00:07:24,644 --> 00:07:26,244
Well, there's an exception
to every rule.
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00:07:26,279 --> 00:07:28,770
Well, hopefully she don't
work every night. Hey!
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ED: How you doing? Can we talk
to you about Janet Thomas?
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Who'd she kill?
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00:07:37,490 --> 00:07:40,891
Now why would you say that?
She's got a temper, that one.
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00:07:40,960 --> 00:07:42,928
Thinks the world owes her.
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00:07:42,995 --> 00:07:46,931
Last night she screamed at me because I
took the last milk in the Nurses' Lounge.
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So she was here all night?
Until midnight.
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00:07:50,036 --> 00:07:51,503
You don't know
the problems that caused.
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00:07:51,571 --> 00:07:53,971
ED: What you mean, she don't
care for the graveyard shift?
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00:07:54,040 --> 00:07:55,871
Well, just the opposite.
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Well, they wanted to put her on days,
but she raised all kinds of hell.
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Says she's got to be home when her
son gets home from high school.
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Her son?
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00:08:04,050 --> 00:08:05,574
She told us her kid died.
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00:08:06,118 --> 00:08:08,609
Looks like she's lying
to someone.
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00:08:09,088 --> 00:08:11,648
Well, why do you suppose she wouldn't
tell us she had another kid?
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00:08:11,724 --> 00:08:14,386
I don't know.
Let's ask him.
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00:08:15,228 --> 00:08:16,228
Thank you.
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00:08:18,231 --> 00:08:19,231
(SCHOOL BELL RINGS)
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BRISCOE: Back whenI was using Clearasil,
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00:08:21,033 --> 00:08:22,967
we didn't have to walk
through metal detectors.
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When you were 18, I doubt if you
could buy a semi-automatic weapon
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on every street corner.
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00:08:26,539 --> 00:08:27,904
Wait. Are you saying Stevie...
No. No.
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00:08:27,974 --> 00:08:29,874
He smokes some weed.
Cuts some classes.
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00:08:29,942 --> 00:08:31,739
Nothing out of the ordinary.
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00:08:31,811 --> 00:08:35,110
Unfortunately, that's a truth the
times have made me live with.
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00:08:35,181 --> 00:08:37,706
If you wait here,
I'll bring him out.
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00:08:37,817 --> 00:08:40,081
All I can say is
I'm glad my kid is grown.
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I'm glad I'm grown.
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Look, I don't know
what you think I've done.
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00:08:44,557 --> 00:08:47,856
It's not me, Stevie. It's
the detectives want a word.
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00:08:52,431 --> 00:08:53,431
Man, I ain't do nothing!
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00:08:53,499 --> 00:08:55,592
I ain't do... Yeah. You can tell
me all about it down at the squad.
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Come on.
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00:08:58,104 --> 00:08:59,867
Alice Cashman.
Don't know her.
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00:08:59,939 --> 00:09:01,930
BRISCOE: Cushman.
And she's a cop.
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00:09:02,608 --> 00:09:05,805
Well, maybe she was getting a payoff under
the table or something. I don't know.
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00:09:05,878 --> 00:09:07,118
Where did you come up with that?
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00:09:07,179 --> 00:09:08,373
That's what they do, ain't it?
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00:09:08,447 --> 00:09:10,039
How old are you?
What's it matter?
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00:09:10,716 --> 00:09:12,183
There's something
you ought to know, Stevie.
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00:09:12,251 --> 00:09:16,187
My partner here, he's famous all
over the city for his temper.
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00:09:16,255 --> 00:09:18,815
You can tell your partner to kiss my ass.
I ain't done nothing.
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00:09:19,191 --> 00:09:20,711
Not like it makes
no difference though.
187
00:09:20,793 --> 00:09:22,624
You haven't been reading
the papers, have you, kid?
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00:09:22,695 --> 00:09:24,162
Cops are heroes now.
189
00:09:24,230 --> 00:09:26,357
Not to me, they ain't.
You know what, Lennie?
190
00:09:26,933 --> 00:09:29,094
I think you could use
a cup of coffee.
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00:09:34,574 --> 00:09:35,574
(DOOR CLOSES)
192
00:09:38,244 --> 00:09:40,041
Let me tell you something,
Stevie.
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00:09:41,347 --> 00:09:44,646
That little attitude of yours,
that might play on the street,
194
00:09:45,718 --> 00:09:47,686
but from this moment on,
195
00:09:48,287 --> 00:09:50,607
all it's gonna do is dig you in
a hole you can't get out of.
196
00:09:50,623 --> 00:09:53,456
Man, I can handle it!
Hey, man, you shot a cop.
197
00:09:54,327 --> 00:09:57,558
People around here, including
me, don't appreciate that.
198
00:09:57,630 --> 00:10:00,531
So, what! "Officer Tom's" gonna
rescue me now? Oh, hell, no.
199
00:10:00,833 --> 00:10:03,529
I'm just telling you what's what.
After that, it's up to you.
200
00:10:03,769 --> 00:10:06,533
So what? You get some kind of raise
to take a brother off the street?
201
00:10:07,506 --> 00:10:12,170
That's right, man. For every 10 I
bring in I get an extra day's pay.
202
00:10:12,345 --> 00:10:14,813
If he's got a big mouth,
I get two days!
203
00:10:15,448 --> 00:10:18,884
If I bring him in a little bloody, the
man gives me a damn toaster oven!
204
00:10:19,685 --> 00:10:22,654
The best thing for you to do,
Stevie, is for you to talk to me.
205
00:10:22,722 --> 00:10:26,419
Gimme a reason why?
I am your last chance, bra!
206
00:10:27,059 --> 00:10:29,084
You shot a white cop.
207
00:10:29,495 --> 00:10:33,192
Nobody else in this building wants
to listen to your little ass.
208
00:10:33,265 --> 00:10:34,755
You want me to say I'm sorry?
209
00:10:34,834 --> 00:10:37,234
The only thing I'm sorry about
is that cop is still alive.
210
00:10:37,303 --> 00:10:39,271
You don't even have a record!
211
00:10:39,939 --> 00:10:41,964
Now I know you didn't
wake up one day and say,
212
00:10:42,041 --> 00:10:43,941
"I'm going out
and shoot me a cop today!"
213
00:10:44,010 --> 00:10:45,978
What do you know!
Stevie.
214
00:10:48,481 --> 00:10:51,075
Tell me why, please.
215
00:10:54,487 --> 00:10:58,184
You think I don't know you?
I know everything about you.
216
00:11:00,126 --> 00:11:06,122
Whitey gets shot or gets a hangnail,
they snap and Tom comes running.
217
00:11:07,433 --> 00:11:12,735
But my brother gets shot. (SOBBING)
And no one... No one does nothing.
218
00:11:13,039 --> 00:11:15,803
No one gives a damn!
No one but me!
219
00:11:17,677 --> 00:11:20,373
So what, you take down a cop,
just to even things out?
220
00:11:21,847 --> 00:11:26,113
That's right.
You better believe it.
221
00:11:35,695 --> 00:11:39,563
Your client didn't ask for an
attorney until after he confessed.
222
00:11:39,632 --> 00:11:42,066
Well, be that as it may,
he's just a child.
223
00:11:42,134 --> 00:11:45,126
It just so happens his 18th
birthday was last week.
224
00:11:45,204 --> 00:11:49,004
So he's not entitled to have a parent
with him in the interrogation room.
225
00:11:49,075 --> 00:11:50,075
Eighteen.
226
00:11:50,309 --> 00:11:52,334
Let me ask you, Lieutenant,
when you were 18,
227
00:11:52,411 --> 00:11:54,811
would you have been capable
of holding your own alone,
228
00:11:54,880 --> 00:11:57,075
in a closed room
with two homicide detectives?
229
00:11:57,149 --> 00:12:00,778
I wouldn't have popped
three rounds at a cop.
230
00:12:02,054 --> 00:12:04,648
I would have thought the air in
here would be more sympathetic.
231
00:12:05,958 --> 00:12:08,085
Now why would you think that?
232
00:12:09,562 --> 00:12:10,824
Do I offend you, Lieutenant?
233
00:12:10,896 --> 00:12:14,662
You know, the truth is, Counselor,
I've seen you in action.
234
00:12:14,734 --> 00:12:19,694
I've seen you turn a simple assault
into Brown v. Board of Education.
235
00:12:19,772 --> 00:12:21,330
When the sheet fits...
236
00:12:21,407 --> 00:12:24,570
Your client shot an innocent
cop, a wife, a mother.
237
00:12:24,643 --> 00:12:27,043
Because his brother was
murdered eight years ago
238
00:12:27,113 --> 00:12:30,378
and a whole bunch of other innocent
cops shined him and his mother on.
239
00:12:30,449 --> 00:12:31,746
Which is a fact you can take up
240
00:12:31,817 --> 00:12:33,409
with the District Attorney,
Counselor.
241
00:12:33,753 --> 00:12:36,654
Who, if they ever get around
to it, will quickly see
242
00:12:36,722 --> 00:12:40,055
this is not the kind of case they
want to put in front of a jury.
243
00:12:41,660 --> 00:12:43,252
Have a nice day.
244
00:12:45,765 --> 00:12:49,064
There he goes. Johnnie
Cochran without the rhyme.
245
00:12:49,135 --> 00:12:51,160
He's just saying
what we already know.
246
00:12:51,237 --> 00:12:53,762
Let's not pretend Joe Cop
moves with the same speed
247
00:12:53,839 --> 00:12:57,104
when the call's to 125th and
Lennox than to 63rd and Park.
248
00:12:57,676 --> 00:13:02,409
Okay. 1994. The 16 investigated
the murder of an Eric Thomas.
249
00:13:02,481 --> 00:13:03,607
ED: You call up the file?
250
00:13:03,682 --> 00:13:06,742
All the current database had was
the name and "case closed."
251
00:13:06,819 --> 00:13:07,819
There you go.
252
00:13:07,887 --> 00:13:10,515
That means we caught the guy
who killed Eric Thomas
253
00:13:10,589 --> 00:13:14,958
and now his kid brother and his esteemed
attorney are trying to pull a fast one.
254
00:13:15,027 --> 00:13:16,358
You know, we should talk
to the lead detective.
255
00:13:16,428 --> 00:13:18,453
That'll be hard to do
without a s�ance.
256
00:13:18,531 --> 00:13:20,726
Lead detective was a guy
named Nick Helms.
257
00:13:20,800 --> 00:13:22,734
I went to his funeral
about six years ago.
258
00:13:22,802 --> 00:13:24,531
ED: Well, I hope you brought
your antihistamine.
259
00:13:24,603 --> 00:13:26,537
Why?
You ever been to "Dead Files"?
260
00:13:26,605 --> 00:13:29,199
Whoa. Whoa. The computer
said the case is closed.
261
00:13:29,275 --> 00:13:30,742
Well, this one isn't.
262
00:13:30,810 --> 00:13:32,038
And this kid's
whole defense is that
263
00:13:32,111 --> 00:13:34,011
we screwed up on his brother's
murder investigation.
264
00:13:34,079 --> 00:13:37,310
So what? So I, for one,
would like to know how bad.
265
00:13:42,388 --> 00:13:44,253
Bottom line, Ed,
no matter what we find,
266
00:13:44,323 --> 00:13:46,985
it doesn't justify that kid
shooting at a cop.
267
00:13:47,059 --> 00:13:48,549
It could affect sentencing.
268
00:13:48,627 --> 00:13:51,357
And if God had wanted man
to have fair trials
269
00:13:51,430 --> 00:13:55,093
he would have given the jury Pentium
processors instead of prejudices.
270
00:13:55,701 --> 00:14:00,104
Hey, all I'm saying is people bring a whole
lot of baggage into everything they do
271
00:14:00,172 --> 00:14:03,266
and lawyers, like Halpert, know
how to make the worst of it.
272
00:14:05,177 --> 00:14:07,145
Here's all I got.
273
00:14:07,546 --> 00:14:09,104
"All you got"?
What does that mean?
274
00:14:09,181 --> 00:14:11,012
Most of the file looks lost.
275
00:14:11,083 --> 00:14:14,246
Lost? This is file storage.
How do you lose a file?
276
00:14:14,353 --> 00:14:15,353
Eight years.
277
00:14:15,654 --> 00:14:20,751
CLERK: I'll put out an APB, but based
on past experience, odds aren't good.
278
00:14:26,298 --> 00:14:29,131
I'm starting to think
Halpert is right.
279
00:14:31,503 --> 00:14:36,440
Complaint was called in by a neighbor
who found the body on 128th Street.
280
00:14:36,508 --> 00:14:40,137
Cops arrived at 1:48 a.m.
And found Eric Thomas dead.
281
00:14:40,479 --> 00:14:43,607
You hear what I said? Weapon was a
Ruger found four feet from the body.
282
00:14:43,849 --> 00:14:45,908
Should be in the
Property Clerk's unit.
283
00:14:45,985 --> 00:14:49,477
But the death certificate and
final autopsy report are missing.
284
00:14:49,555 --> 00:14:50,555
Lennie...
285
00:14:50,823 --> 00:14:54,554
Hey, Ed, what do you want from me? I
sold my plantation over a century ago.
286
00:14:54,627 --> 00:14:55,753
All I'm saying is,
287
00:14:55,828 --> 00:14:58,353
where do they store the homicide
files for the rich, white kids?
288
00:14:58,430 --> 00:15:01,228
I think we can worry
about that another time,
289
00:15:01,300 --> 00:15:03,825
because Stevie's brother
Eric wasn't murdered.
290
00:15:04,370 --> 00:15:05,667
He committed suicide.
291
00:15:11,110 --> 00:15:13,840
Of course their report said
Eric committed suicide.
292
00:15:13,913 --> 00:15:17,144
That way the cops never had
to investigate the crime,
293
00:15:17,216 --> 00:15:20,617
that way they can sweep the life
of another innocent black child
294
00:15:20,686 --> 00:15:23,177
underneath their very
white carpets.
295
00:15:24,023 --> 00:15:26,082
Hey, he was just
getting warmed up.
296
00:15:26,158 --> 00:15:27,887
He can try his case
in the press,
297
00:15:27,960 --> 00:15:30,394
but that doesn't mean
I have to listen to it.
298
00:15:30,462 --> 00:15:34,592
The kid shot at a cop for no reason
other than that she was a cop.
299
00:15:34,667 --> 00:15:35,929
What does he want?
300
00:15:37,102 --> 00:15:39,662
Dead Files sent this over.
It was filed under "E".
301
00:15:39,738 --> 00:15:42,468
"E" for Eric, that makes sense.
302
00:15:44,843 --> 00:15:46,470
Says here that the weapon
was melted down
303
00:15:46,545 --> 00:15:49,013
three years after the case
was deemed a suicide.
304
00:15:49,448 --> 00:15:53,384
Your boy Helms interviewed somebody
named Jason Hendri three times.
305
00:15:53,452 --> 00:15:56,114
What about the death
certificate or autopsy report?
306
00:15:57,089 --> 00:15:59,057
Well, it must be filed
with Hendri's statement.
307
00:15:59,124 --> 00:16:03,561
Well, let's hope he remembers seeing
Eric Thomas put one in his own head.
308
00:16:07,866 --> 00:16:10,892
Jason, I'm Detective Green.
This is Detective Briscoe.
309
00:16:11,971 --> 00:16:15,031
We want to talk to you
about Eric Thomas.
310
00:16:15,274 --> 00:16:17,174
What about him?
We're looking into his death.
311
00:16:17,242 --> 00:16:18,573
A little late, aren't you?
312
00:16:18,644 --> 00:16:19,736
Well, it's come up
in connection...
313
00:16:19,812 --> 00:16:20,938
Why'd I care about that?
314
00:16:21,013 --> 00:16:22,878
BRISCOE: We found your name
in the file.
315
00:16:23,048 --> 00:16:26,017
It seems you told Detective Helms
that you saw the shooting.
316
00:16:26,251 --> 00:16:27,513
(LAUGHS)
317
00:16:31,423 --> 00:16:32,423
(EXHALES FORCEFULLY)
318
00:16:34,526 --> 00:16:36,289
We want to laugh, too, man.
319
00:16:37,863 --> 00:16:38,863
What's in it for me?
320
00:16:38,931 --> 00:16:41,923
That nice warm feeling you get
from doing the right thing.
321
00:16:42,001 --> 00:16:44,299
You're serving three
consecutive life sentences,
322
00:16:44,370 --> 00:16:46,804
a few years off one of them
ain't gonna do much.
323
00:16:49,742 --> 00:16:51,073
Wanna know why I was laughing?
324
00:16:51,143 --> 00:16:54,112
I mean, what's it been, seven, eight years
you all haven't figured it out yet?
325
00:16:54,179 --> 00:16:55,840
ED: Figured out what?
326
00:16:56,115 --> 00:16:58,640
Yeah, I saw the son-of-a-bitch
who shot Eric Thomas.
327
00:16:59,051 --> 00:17:03,010
Pretty hard not to see when you the
son-of-a-bitch who pulled the trigger.
328
00:17:04,890 --> 00:17:05,890
You?
329
00:17:08,027 --> 00:17:10,222
(WHISPERING) Pow!
330
00:17:14,867 --> 00:17:16,391
You know,
it never ceases to amaze,
331
00:17:16,468 --> 00:17:20,165
the extent some people will go to prove
their ignorance, fear and hatred.
332
00:17:20,239 --> 00:17:22,901
No cameras here, Carl. No
need to waste the sound bite.
333
00:17:22,975 --> 00:17:27,435
Hey, let's discuss the mother of all
sound bites, "To protect and serve."
334
00:17:27,513 --> 00:17:29,447
Actually, I prefer
the unexpurgated version,
335
00:17:29,515 --> 00:17:32,450
"To protect and serve them
that look like us."
336
00:17:33,018 --> 00:17:35,111
I'm glad to see
you haven't lost a step.
337
00:17:35,554 --> 00:17:36,851
I'm just getting started.
338
00:17:36,922 --> 00:17:40,414
A suicide but no autopsy report?
Give me a break.
339
00:17:40,626 --> 00:17:44,153
A felony defense based on
incompetent office personnel?
340
00:17:44,229 --> 00:17:45,992
Oh, Jack, you're giving them
too much credit.
341
00:17:46,231 --> 00:17:48,995
Let me spell this one
out for you, "cover up."
342
00:17:49,201 --> 00:17:50,201
Nobody lost anything.
343
00:17:50,702 --> 00:17:53,034
That's right.
I saw your press conference.
344
00:17:53,105 --> 00:17:56,074
The cops didn't investigate it in
the first place. That's right.
345
00:17:56,141 --> 00:17:57,403
Why bother to investigate
346
00:17:57,476 --> 00:18:00,156
when you can get one of your lackeys
to check the little suicide box.
347
00:18:00,813 --> 00:18:04,749
Neat. Clean. No fuss. No muss. Best
of all everyone's home for dinner.
348
00:18:04,817 --> 00:18:07,945
Even if that were true, vengeance
isn't a defense for attempted murder.
349
00:18:08,020 --> 00:18:11,183
I'm not sure this even rises
to the level of vengeance.
350
00:18:11,557 --> 00:18:14,890
Officer Cushman wasn't even on
the force when Eric Thomas died.
351
00:18:14,960 --> 00:18:16,393
The criminal acts
against my client
352
00:18:16,462 --> 00:18:19,329
weren't committed by an individual
but by the entire system.
353
00:18:19,765 --> 00:18:21,289
Now, you call a murder a suicide
354
00:18:21,366 --> 00:18:24,062
and the victim's family is
robbed ofjustice under the law.
355
00:18:24,136 --> 00:18:27,333
This is nonsense. It's obvious you
just want to inflame the jury.
356
00:18:27,406 --> 00:18:28,896
Big picture, Ms. Southerlyn.
357
00:18:28,974 --> 00:18:30,999
This case is not
about a devastated kid,
358
00:18:31,076 --> 00:18:35,342
it's about Jim Crow, new and improved
racism with a felt-tipped pen.
359
00:18:35,614 --> 00:18:37,814
All I have to do is point the
jury in the right direction
360
00:18:37,816 --> 00:18:39,909
and they'll do exactly
what they should.
361
00:18:41,120 --> 00:18:42,417
Let your people go?
362
00:18:43,789 --> 00:18:47,987
(CHUCKLES) Yeah. Perhaps. But
I'll settle for Stevie Thomas.
363
00:18:48,794 --> 00:18:51,058
Carl, Carl.
364
00:18:52,197 --> 00:18:56,725
I'm sure you had better things to do with
this morning than spend it here with me.
365
00:18:59,071 --> 00:19:01,164
Simple assault. No time.
366
00:19:02,040 --> 00:19:05,271
He shot a cop,
you know I can't do that.
367
00:19:07,546 --> 00:19:11,346
As always, my brother, time
with you, is time well spent.
368
00:19:12,885 --> 00:19:14,409
Ms. Southerlyn.
369
00:19:19,091 --> 00:19:22,356
We can move to exclude all evidence
of Eric Thomas' death as irrelevant.
370
00:19:22,961 --> 00:19:25,828
Or we can cut it off
at the pass.
371
00:19:25,898 --> 00:19:28,765
If we can prove beyond a doubt
that it was a suicide,
372
00:19:28,834 --> 00:19:32,292
we essentially prove that the
police didn't do anything wrong.
373
00:19:32,371 --> 00:19:36,102
Start with whoever it was that
wielded that felt-tipped pen.
374
00:19:37,442 --> 00:19:40,206
RODGERS: I put in a request
to records after you called.
375
00:19:40,279 --> 00:19:41,871
My luck was about
the same as the cops.
376
00:19:41,947 --> 00:19:44,245
Files don't just disappear.
Really?
377
00:19:44,316 --> 00:19:46,181
What city do you work for?
378
00:19:46,251 --> 00:19:48,549
The good news,
we did come up with a name,
379
00:19:48,620 --> 00:19:51,851
Gail Berardi performed
the autopsy on Eric Thomas.
380
00:19:51,924 --> 00:19:53,687
Great. If nobody's
misplaced her, that is.
381
00:19:53,759 --> 00:19:56,057
Yeah. You might
be better off.
382
00:19:56,261 --> 00:19:59,890
Gail left the M.E.'s Office a few years
ago to become a private consultant.
383
00:19:59,965 --> 00:20:01,899
The parting wasn't
what you would call sweet.
384
00:20:01,967 --> 00:20:05,494
What are you telling me, this woman
ransomed her autopsy reports?
385
00:20:05,904 --> 00:20:09,499
With Gail Berardi,
nothing would surprise me.
386
00:20:11,210 --> 00:20:12,734
I don't remember the case.
387
00:20:12,811 --> 00:20:15,473
The M.E.'s Office seems to
think you have the files.
388
00:20:15,547 --> 00:20:17,777
It's possible. I'll take a
look and get back to you.
389
00:20:17,849 --> 00:20:19,817
When?
I don't know.
390
00:20:19,885 --> 00:20:21,352
When I get around to it.
391
00:20:21,420 --> 00:20:24,514
I'm being called as an expert
tomorrow in Hartford. Next week, LA.
392
00:20:24,590 --> 00:20:25,989
I don't think
I made myself clear.
393
00:20:26,058 --> 00:20:29,721
This file is going to be evidence
in an attempted murder case.
394
00:20:29,895 --> 00:20:33,888
I don't think I made myself clear,
it's not my problem anymore.
395
00:20:34,967 --> 00:20:36,195
Goodbye.
396
00:20:37,736 --> 00:20:41,194
Dr. Berardi's files are
evidence in a felony trial.
397
00:20:41,273 --> 00:20:43,707
Subpoena them. That's the
first thing I threatened.
398
00:20:43,775 --> 00:20:46,300
But what's evidence to us
is work product to her.
399
00:20:46,378 --> 00:20:47,902
She'd fight it for sure.
400
00:20:47,980 --> 00:20:51,541
This woman rents herself out as
an expert witness, doesn't she?
401
00:20:52,050 --> 00:20:54,041
You want to hire her?
No.
402
00:20:54,119 --> 00:20:55,245
But no one else will either
403
00:20:55,320 --> 00:20:59,051
if we charge her with embezzlement
of government property.
404
00:21:01,860 --> 00:21:05,091
SERENA: Dr. Berardi took files
when she left the M.E.'s Office.
405
00:21:05,163 --> 00:21:07,961
Her personal files,
which she had every right to.
406
00:21:08,033 --> 00:21:11,628
As an employee of the State those files
were produced at behest of the State.
407
00:21:11,870 --> 00:21:13,963
They were in effect
"works for hire"
408
00:21:14,039 --> 00:21:16,473
and were and remain
her employer's property.
409
00:21:16,541 --> 00:21:19,567
What is it we're talking about here?
Research? Time cards?
410
00:21:19,978 --> 00:21:21,502
Autopsy reports.
411
00:21:22,481 --> 00:21:23,481
Shame on you.
412
00:21:24,316 --> 00:21:25,305
SERENA: Thank you, Your Honor.
413
00:21:25,484 --> 00:21:29,147
And shame on you for trying to
swat flies with SCUD missiles.
414
00:21:29,488 --> 00:21:31,353
This is a civil matter,
Counselor.
415
00:21:31,690 --> 00:21:33,487
If you want to argue
about personal property
416
00:21:33,558 --> 00:21:35,321
you should take it up with
people who actually give a damn
417
00:21:35,394 --> 00:21:36,514
about this sort of nonsense.
418
00:21:36,895 --> 00:21:38,760
Your Honor...
You've got a colorable claim
419
00:21:38,830 --> 00:21:40,661
and I use that term very freely.
420
00:21:41,466 --> 00:21:45,095
Although I'd love to, I can't in
good conscience dismiss the charges.
421
00:21:45,437 --> 00:21:46,904
So what do you say, Doc?
422
00:21:46,972 --> 00:21:49,634
Give the lady her files or you're
looking at one major headache.
423
00:21:52,044 --> 00:21:56,003
These notes are better organized and
more detailed than most of what I see.
424
00:21:56,515 --> 00:21:59,006
The cause of death was a single
gunshot wound to the skull.
425
00:21:59,084 --> 00:22:00,381
Consistent with suicide?
426
00:22:00,485 --> 00:22:03,750
No. I said organized and detailed.
I didn't say complete.
427
00:22:03,822 --> 00:22:05,084
Why aren't I surprised?
428
00:22:05,991 --> 00:22:09,984
There's nothing here regarding the position
of either entrance or exit wounds.
429
00:22:10,062 --> 00:22:12,553
Trace gunshot residue is
referenced but taken alone,
430
00:22:12,631 --> 00:22:14,531
that's not enough
to say for sure.
431
00:22:14,700 --> 00:22:16,998
See, you really need to examine
the beveling of the bone.
432
00:22:17,369 --> 00:22:19,337
We typically keep
photos and scale drawings.
433
00:22:19,404 --> 00:22:20,871
Do you think
Berardi held them back?
434
00:22:20,939 --> 00:22:23,237
Oh, you'd never be able
to prove it if she did.
435
00:22:23,308 --> 00:22:28,302
Documents from closed files are often used
for research, teaching, statistical studies.
436
00:22:28,547 --> 00:22:30,667
Her reports could be anywhere
between here and Albany.
437
00:22:30,682 --> 00:22:33,116
So you're telling me I won
the battle and lost the war?
438
00:22:33,185 --> 00:22:34,482
Not necessarily.
439
00:22:34,553 --> 00:22:35,884
You've still got
a fighting chance
440
00:22:35,954 --> 00:22:38,787
if you get me the skull
of Eric Thomas.
441
00:22:40,359 --> 00:22:43,385
You people. You tossed one of
my boys off like he's garbage.
442
00:22:43,462 --> 00:22:45,191
Now you want me
to pull him from his grave?
443
00:22:45,263 --> 00:22:47,903
If Eric were my son, I'd want to
know for sure what happened to him.
444
00:22:48,033 --> 00:22:50,501
I always knew what happened.
Now I know how and who.
445
00:22:50,736 --> 00:22:53,569
Of course. I understand.
What do you understand?
446
00:22:53,905 --> 00:22:57,136
You don't care a damn about Eric. You
just want to save some cops' butts.
447
00:22:58,543 --> 00:23:01,034
Those are some pretty
harsh words, Mrs. Thomas.
448
00:23:01,146 --> 00:23:02,146
You earned them.
449
00:23:02,481 --> 00:23:04,608
Eight years you people have
kept me dangling on a string.
450
00:23:04,683 --> 00:23:06,163
Well, I'm not dancing
for you no more.
451
00:23:06,218 --> 00:23:08,778
I don't care how many
strings you try to pull.
452
00:23:09,054 --> 00:23:10,544
Of course not.
453
00:23:11,223 --> 00:23:14,852
How about you let me talk to Mrs.
Thomas, mother-to-mother?
454
00:23:16,928 --> 00:23:18,691
Thanks.
455
00:23:23,368 --> 00:23:26,337
You know, it's a funny thing, Mrs.
Thomas,
456
00:23:26,405 --> 00:23:30,466
we have a laundry room
in the basement of my building
457
00:23:31,410 --> 00:23:36,006
and a couple of weeks ago I went down to
move a load from the washer to the dryer
458
00:23:36,081 --> 00:23:41,485
and I noticed that my box of detergent
was missing and I knew who did it.
459
00:23:42,087 --> 00:23:45,250
Mrs. Ross, second floor,
real scavenger, that one.
460
00:23:45,323 --> 00:23:46,790
You got a point?
461
00:23:47,459 --> 00:23:49,222
Yeah, I got a point.
462
00:23:50,195 --> 00:23:51,753
A week later,
463
00:23:52,664 --> 00:23:57,966
my son, my oldest, Stefan, gets
into a fist fight with Andy Ross.
464
00:23:58,036 --> 00:24:00,869
It seems
he called his mother a thief.
465
00:24:02,174 --> 00:24:05,905
Hatred isn't inherited,
Mrs. Thomas.
466
00:24:06,111 --> 00:24:07,111
It's learned.
467
00:24:07,245 --> 00:24:09,907
I didn't talk Stevie into doing this,
if that's where you're headed.
468
00:24:11,650 --> 00:24:15,677
I think I can understand how
angry you must be, how hurt.
469
00:24:16,488 --> 00:24:20,549
Now, I can see it in your
eyes and we just met.
470
00:24:21,760 --> 00:24:24,456
I can only imagine
what Stevie felt like
471
00:24:24,529 --> 00:24:28,727
looking at those eyes
for eight long years.
472
00:24:29,634 --> 00:24:33,502
He had to feel small, powerless,
473
00:24:33,839 --> 00:24:36,501
unable to ease
his mother's pain.
474
00:24:36,575 --> 00:24:39,043
He just turned 18, right?
475
00:24:39,811 --> 00:24:40,811
Yeah.
476
00:24:40,879 --> 00:24:47,682
So now how could he become a man if he
couldn't stop his mama's suffering?
477
00:24:48,520 --> 00:24:52,547
Stevie traded his life
to ease your hurt.
478
00:24:53,558 --> 00:24:55,788
The least you can do
is make it mean something.
479
00:24:57,128 --> 00:25:01,121
Prove to the world that your
oldest was really murdered
480
00:25:01,566 --> 00:25:05,366
and I swear to you
I will personally go after
481
00:25:05,437 --> 00:25:08,565
whoever was responsible
for covering it up.
482
00:25:42,807 --> 00:25:47,506
Oh, God. Oh, God!
483
00:25:49,247 --> 00:25:53,081
(SOBBING)
Help! Help me!
484
00:25:57,222 --> 00:26:00,282
The funeral home was owned
by Douglas Lexhall.
485
00:26:00,358 --> 00:26:01,723
Was?
He was convicted
486
00:26:01,793 --> 00:26:04,353
four years ago for selling
corpses without permission
487
00:26:04,429 --> 00:26:06,124
to foreign medical schools.
488
00:26:06,197 --> 00:26:09,394
The A.D.A. Handling the case thought
they'd ID'd all of the missing bodies.
489
00:26:10,502 --> 00:26:12,402
That is a real comfort.
490
00:26:12,837 --> 00:26:14,771
With the way this case has
been handled to date,
491
00:26:14,839 --> 00:26:18,070
I wouldn't be surprised
if Eric Thomas just got fed up
492
00:26:18,143 --> 00:26:19,872
and decided to walk off
on his own!
493
00:26:20,478 --> 00:26:22,605
Missing files.
Missing bodies.
494
00:26:22,681 --> 00:26:24,706
I for one would like to display
495
00:26:24,783 --> 00:26:27,980
at least a modicum
of competency at my job.
496
00:26:28,186 --> 00:26:32,122
And if my office can't convict a kid
who confessed to shooting a cop,
497
00:26:32,724 --> 00:26:34,919
then I'm not gonna get
many more opportunities.
498
00:26:35,627 --> 00:26:39,119
Halpert's insisting that
Stevie Thomas does no time.
499
00:26:41,333 --> 00:26:42,333
(CHUCKLES)
500
00:26:44,202 --> 00:26:47,694
What the hell? At my age,
I should be fishing anyway.
501
00:26:52,177 --> 00:26:55,840
JACK: On February 4th,
at approximately 10:15 p.m.,
502
00:26:56,348 --> 00:27:01,376
Stevie Thomas was not at home
working on his physics homework.
503
00:27:01,686 --> 00:27:04,416
He was not watching the Knicks
beat the Clippers on television.
504
00:27:04,489 --> 00:27:06,923
He was not talking
to his friends on the phone.
505
00:27:07,592 --> 00:27:10,789
On February 4th,
at approximately 10:15 p.m.,
506
00:27:10,862 --> 00:27:12,853
Stevie Thomas was
in his mother's car,
507
00:27:12,998 --> 00:27:14,226
without her knowledge,
508
00:27:14,299 --> 00:27:17,427
driving past the Market Diner
over on 11th Avenue.
509
00:27:17,502 --> 00:27:20,699
On February 4th,
at approximately 10:15 p.m.,
510
00:27:21,139 --> 00:27:25,166
police officer Alice Cushman
exited the Market Diner
511
00:27:25,610 --> 00:27:29,774
after having a cup of coffee with several
other officers from the 31st Precinct.
512
00:27:30,215 --> 00:27:31,876
She was on her way home.
513
00:27:32,584 --> 00:27:35,781
She was thinking about kissing her
sleeping baby, Rickie, on the forehead.
514
00:27:36,621 --> 00:27:39,852
On February 4th,
at approximately 10:15 p.m.,
515
00:27:40,358 --> 00:27:45,523
Stevie Thomas had a.38 caliber
revolver in his hand.
516
00:27:45,730 --> 00:27:48,995
He fired three times
from his mother's car.
517
00:27:49,834 --> 00:27:53,998
One of those bullets struck
Officer Cushman in the shoulder.
518
00:27:55,040 --> 00:27:59,773
Defense counsel will present a
bevy of possible explanations.
519
00:28:00,145 --> 00:28:02,511
But in a court of law
in the State of New York,
520
00:28:02,580 --> 00:28:05,174
they have nothing
to do with the case.
521
00:28:06,484 --> 00:28:08,475
Stevie Thomas shot a cop.
522
00:28:11,389 --> 00:28:13,357
That's all that matters.
523
00:28:17,328 --> 00:28:19,819
Your opening statement,
Mr. Halpert?
524
00:28:22,300 --> 00:28:23,665
I think I'll pass, Your Honor.
525
00:28:30,975 --> 00:28:33,273
Actually, I didn't know
what happened.
526
00:28:33,344 --> 00:28:36,939
I remember a flash of light,
wheels screeching,
527
00:28:37,015 --> 00:28:39,210
a shooting pain
running down my side,
528
00:28:39,718 --> 00:28:41,379
and then I guess I passed out.
529
00:28:41,519 --> 00:28:42,884
Could you identify the car?
530
00:28:43,288 --> 00:28:45,153
It was blue.
Kind of old.
531
00:28:45,490 --> 00:28:48,550
A Pontiac, I think.
It happened fast.
532
00:28:49,227 --> 00:28:50,251
JACK: The driver?
533
00:28:50,328 --> 00:28:52,228
ALICE: The most I could tell
was that it was a male.
534
00:28:52,297 --> 00:28:55,297
JACK: Had you ever had any dealings with
the defendant prior to the shooting?
535
00:28:55,300 --> 00:28:57,165
I never saw him
face-to-face until today.
536
00:28:57,836 --> 00:28:59,360
JACK: Any members of
his family?
537
00:28:59,437 --> 00:29:00,631
ALICE: Not that I'm aware of.
538
00:29:01,773 --> 00:29:03,502
Thank you, officer.
539
00:29:07,712 --> 00:29:11,045
So other than being male, you can't
tell us anything about the driver?
540
00:29:12,517 --> 00:29:14,644
He was African American,
if that's what you mean.
541
00:29:16,321 --> 00:29:18,414
That's exactly what I mean.
542
00:29:19,991 --> 00:29:21,982
Nothing more, Your Honor.
543
00:29:24,062 --> 00:29:27,054
Forensics determined that the
bullet taken out of Officer Cushman
544
00:29:27,132 --> 00:29:28,132
was from a.38
545
00:29:28,199 --> 00:29:31,430
that was found in the trunk of an
abandoned car in Long Island City.
546
00:29:31,669 --> 00:29:34,069
The car was registered
to one Janet Thomas.
547
00:29:34,139 --> 00:29:35,179
Did there ever come a time
548
00:29:35,206 --> 00:29:38,334
when you personally spoke to
the defendant, Stevie Thomas?
549
00:29:38,409 --> 00:29:39,409
Yes.
550
00:29:39,477 --> 00:29:42,969
My partner, Detective Briscoe and I brought
him down to the squad for questioning.
551
00:29:43,448 --> 00:29:44,972
And what happened?
552
00:29:45,049 --> 00:29:47,040
He confessed
to shooting Officer Cushman.
553
00:29:58,897 --> 00:30:02,298
What did Detective Briscoe say
after Stevie confessed?
554
00:30:02,367 --> 00:30:05,165
He wasn't in the room.
Really?
555
00:30:05,804 --> 00:30:08,884
I could have sworn you just testified
that the two of you questioned my client.
556
00:30:08,907 --> 00:30:11,842
Detective Briscoe was in the room
for part of the interrogation.
557
00:30:11,910 --> 00:30:13,969
He left before
the defendant confessed.
558
00:30:14,045 --> 00:30:15,808
I see.
559
00:30:15,880 --> 00:30:17,080
So from now on we'd best assume
560
00:30:17,148 --> 00:30:19,514
what you tell us
is "kind of" the truth.
561
00:30:19,584 --> 00:30:23,543
Tag-teaming a suspect is often the most
efficient way of interrogating him.
562
00:30:23,621 --> 00:30:25,248
It throws the suspect off.
563
00:30:25,323 --> 00:30:29,419
Sometimes he forgets what he told one
detective and he changes his story.
564
00:30:29,494 --> 00:30:31,621
Either way, the other detective
565
00:30:31,696 --> 00:30:35,393
is monitoring the interrogation
from the observation room.
566
00:30:35,967 --> 00:30:38,265
Did you question Stevie
about where he got the car?
567
00:30:38,336 --> 00:30:39,336
Yes.
568
00:30:39,404 --> 00:30:41,031
About the shooting?
Yes.
569
00:30:41,105 --> 00:30:44,074
And there was something else,
something about a new toaster oven.
570
00:30:46,010 --> 00:30:47,307
That was a figure of speech.
571
00:30:47,579 --> 00:30:48,807
HALPERT: I never heard it used
in the context
572
00:30:48,880 --> 00:30:50,507
of a police interrogation
before.
573
00:30:51,783 --> 00:30:52,983
Why don't you explain it to me?
574
00:30:53,785 --> 00:30:56,583
Your client was being
completely disrespectful.
575
00:30:57,322 --> 00:30:58,687
And you thought
toast would help?
576
00:30:59,324 --> 00:31:00,916
He was denigrating me as a cop.
577
00:31:00,992 --> 00:31:02,857
And you got mad?
No.
578
00:31:03,461 --> 00:31:04,894
I was always in control.
579
00:31:05,430 --> 00:31:09,059
Isn't it true you told Stevie that the
department gives out toaster ovens
580
00:31:09,133 --> 00:31:11,863
for every African American child
you beat the crap out of?
581
00:31:11,936 --> 00:31:13,062
I wasn't serious.
582
00:31:13,371 --> 00:31:14,429
You were joking?
583
00:31:14,639 --> 00:31:16,539
Yes. That's right.
584
00:31:16,708 --> 00:31:18,608
What did your partner,
who you've already testified
585
00:31:18,676 --> 00:31:20,109
was watching through the glass,
586
00:31:20,178 --> 00:31:22,408
what did he do when
you "joked" with my client?
587
00:31:22,513 --> 00:31:25,311
He watched.
A white cop just watched
588
00:31:25,383 --> 00:31:27,874
while his partner
threatened a black boy?
589
00:31:27,952 --> 00:31:30,011
Does this happen often?
Objection.
590
00:31:30,088 --> 00:31:31,419
JUDGE: Sustained.
591
00:31:32,557 --> 00:31:33,888
Withdrawn.
592
00:31:36,294 --> 00:31:39,127
Tell me, Detective.
Whose prints are on that.38?
593
00:31:39,898 --> 00:31:40,990
It was wiped clean.
594
00:31:41,065 --> 00:31:43,533
So you have no way of proving
exactly who fired it?
595
00:31:43,601 --> 00:31:44,761
ED: Your client confessed.
596
00:31:45,169 --> 00:31:47,467
After you threatened
to beat him silly!
597
00:32:02,086 --> 00:32:03,314
I didn't threaten him.
598
00:32:03,388 --> 00:32:06,289
When a jury is involved, the
truth doesn't always matter.
599
00:32:06,357 --> 00:32:07,449
Especially this jury.
600
00:32:07,525 --> 00:32:09,618
What are you saying,
"Especially this jury"?
601
00:32:09,694 --> 00:32:10,991
What's different
about this jury,
602
00:32:11,062 --> 00:32:12,461
that they wouldn't
recognize the truth?
603
00:32:12,530 --> 00:32:14,088
Halpert wants to show
604
00:32:14,165 --> 00:32:18,101
how irresponsible the force is when
dealing with the black community.
605
00:32:18,169 --> 00:32:19,466
He gave you the brush,
Detective,
606
00:32:19,904 --> 00:32:22,202
and you painted the exact
picture he was looking for.
607
00:32:22,273 --> 00:32:23,865
So can't you paint
a different picture?
608
00:32:24,142 --> 00:32:27,134
How? I don't have
any more witnesses.
609
00:32:31,382 --> 00:32:32,508
The People rest, your Honor.
610
00:32:35,153 --> 00:32:38,919
At this time, Your Honor, the defense is
prepared to proceed with its opening statement.
611
00:32:39,691 --> 00:32:41,488
Chambers, Your Honor.
612
00:32:44,329 --> 00:32:46,354
You can't open
in the middle of a trial.
613
00:32:46,431 --> 00:32:48,126
I don't see why not?
614
00:32:48,199 --> 00:32:49,666
The Court rules give me
the right
615
00:32:49,734 --> 00:32:51,167
to give an opening statement
to the jury.
616
00:32:51,235 --> 00:32:53,226
They don't specify
when I have to give it.
617
00:32:53,304 --> 00:32:54,601
The plain language of the rule
618
00:32:54,672 --> 00:32:57,300
suggests that it was intended to be
given at the opening of the trial.
619
00:32:57,375 --> 00:32:59,975
Well, that's funny, I thought it
meant at the "opening" of my case.
620
00:33:00,011 --> 00:33:01,444
This is merely a way for counsel
621
00:33:01,512 --> 00:33:04,242
to divert the jury's focus from
the People's case-in-chief.
622
00:33:04,315 --> 00:33:06,249
It would provide
a distinct advantage.
623
00:33:06,317 --> 00:33:07,997
HALPERT: Well, let's talk
about advantages.
624
00:33:08,019 --> 00:33:10,783
Which side gets to sit spitting
distance from the jury?
625
00:33:10,855 --> 00:33:12,686
Who gets
to open first and close last?
626
00:33:12,757 --> 00:33:15,590
If you forgot,
it's the State on both counts.
627
00:33:15,660 --> 00:33:18,561
I'm just trying to offset the
overwhelming advantage the State has
628
00:33:18,629 --> 00:33:20,563
the moment we open
the doors to the courtroom.
629
00:33:21,132 --> 00:33:22,326
I never thought of that.
630
00:33:23,334 --> 00:33:24,961
Well, you've never been
a defendant.
631
00:33:26,137 --> 00:33:28,071
The rules don't prohibit it,
so why should I?
632
00:33:33,111 --> 00:33:34,373
HALPERT: You know,before I got here today,
633
00:33:34,445 --> 00:33:36,504
I joined an acquaintance
of mine on line
634
00:33:36,581 --> 00:33:38,981
at a coffee truck
around the corner.
635
00:33:39,050 --> 00:33:43,111
We reached the counter and we both
ordered a cup of coffee and a Danish.
636
00:33:43,187 --> 00:33:45,621
Unfortunately, there was
only one Danish left
637
00:33:45,757 --> 00:33:48,317
and the man at the counter
gave it to my friend.
638
00:33:48,593 --> 00:33:51,824
He was white. I was mad.
639
00:33:53,564 --> 00:33:55,759
Now here I was,
an established attorney
640
00:33:55,833 --> 00:33:58,267
who'd argued before this
country's Supreme Court
641
00:33:58,336 --> 00:34:01,999
and yet this "slight"
made my blood boil.
642
00:34:02,540 --> 00:34:04,599
Not because I had my heart set
on that Danish, no,
643
00:34:04,675 --> 00:34:08,236
but because for that moment
in time I was invisible.
644
00:34:10,615 --> 00:34:13,413
Now just imagine
how mad I would have been
645
00:34:14,152 --> 00:34:15,744
if I wasn't an attorney,
646
00:34:16,721 --> 00:34:19,053
if I was an 18-year-old boy.
647
00:34:19,123 --> 00:34:21,387
If it wasn't some ignoramus
behind a coffee counter
648
00:34:21,459 --> 00:34:24,087
who made me disappear,
but the police.
649
00:34:24,729 --> 00:34:26,162
Imagine how mad I'd have been
650
00:34:26,230 --> 00:34:31,725
if I wasn't turned invisible for a
moment, but for eight long years.
651
00:34:33,571 --> 00:34:36,904
Stevie Thomas's big brother, Eric,
was murdered eight years ago.
652
00:34:36,974 --> 00:34:40,205
The police made the case disappear
by calling it a suicide.
653
00:34:40,278 --> 00:34:44,578
They kept it invisible by not only losing
the records but his brother's body.
654
00:34:45,683 --> 00:34:48,880
Now. As you listen to my case,
please keep two things in mind:
655
00:34:49,921 --> 00:34:51,946
Stevie's prints
were not on the weapon.
656
00:34:52,490 --> 00:34:55,755
And there are no witnesses
to put him at the scene.
657
00:35:04,268 --> 00:35:06,236
I knew Eric Thomas from around.
658
00:35:06,304 --> 00:35:08,534
You were friends?
I wouldn't go that far.
659
00:35:09,173 --> 00:35:11,835
Tell us about the last time you
saw him, if you could. Sure.
660
00:35:12,243 --> 00:35:15,235
Maybe eight years ago, it was
at night, maybe 9:00, 9:30.
661
00:35:15,546 --> 00:35:17,912
We got into, like, a scuffle.
And what happened?
662
00:35:17,982 --> 00:35:19,342
HENDRl: Eric wasn't
all that tough.
663
00:35:19,417 --> 00:35:21,885
He tried to run, I put a round
through the back of his head.
664
00:35:21,986 --> 00:35:23,954
You shot him?
That's right.
665
00:35:25,556 --> 00:35:28,252
Were you ever questioned by the
police regarding this shooting?
666
00:35:28,326 --> 00:35:30,294
Sure, but I gave them
some song and dance.
667
00:35:31,028 --> 00:35:33,588
You're currently incarcerated at
Sing Sing State Penitentiary,
668
00:35:33,831 --> 00:35:34,957
are you not, Mr. Hendri?
669
00:35:35,032 --> 00:35:36,522
That's right. Three
counts of murder.
670
00:35:36,601 --> 00:35:37,801
When do you expect to get out?
671
00:35:38,469 --> 00:35:39,834
I don't.
672
00:35:39,904 --> 00:35:42,498
So, you have no reason to lie,
do you?
673
00:35:46,911 --> 00:35:49,505
You have no reason to tell the
truth either, isn't that right?
674
00:35:49,580 --> 00:35:50,580
Huh?
675
00:35:50,681 --> 00:35:53,980
The State can't do anything more to
you, so why not have a little fun,
676
00:35:54,051 --> 00:35:57,111
get your name in the paper,
your face on the news.
677
00:35:57,622 --> 00:36:01,058
All I know is, I shot him smack
in the back of the head.
678
00:36:09,467 --> 00:36:13,130
It was Detective Helms working the case.
He told me he was dead.
679
00:36:13,204 --> 00:36:15,331
Did he ever once say
your son committed suicide?
680
00:36:15,406 --> 00:36:16,703
Not at first.
681
00:36:16,774 --> 00:36:18,969
So, initially, he told you
Eric was murdered?
682
00:36:19,043 --> 00:36:20,738
It was more than once.
683
00:36:20,811 --> 00:36:23,331
Every time he told me he was getting
close to finding the killer.
684
00:36:23,781 --> 00:36:26,079
Then one day he tells me
to stop calling him.
685
00:36:26,150 --> 00:36:29,244
Eric killed himself, he said.
He's off the case.
686
00:36:30,621 --> 00:36:31,621
Did you believe him?
687
00:36:32,423 --> 00:36:36,621
I knew my son. I knew there was no
way he would take his own life.
688
00:36:37,461 --> 00:36:39,986
So I went to his Lieutenant
and then his Captain.
689
00:36:40,064 --> 00:36:43,033
Both of them told me there
was nothing they could do.
690
00:36:43,100 --> 00:36:44,533
They said Eric committed suicide
691
00:36:44,602 --> 00:36:47,332
and I should stop bothering
them and get on with my life.
692
00:36:48,639 --> 00:36:50,231
Were Eric and Stevie close?
693
00:36:54,212 --> 00:36:56,680
Since my husband passed away,
694
00:36:57,048 --> 00:37:01,417
Eric was like both his
brother and his father.
695
00:37:04,522 --> 00:37:07,150
Eric would do anything
for Stevie.
696
00:37:07,491 --> 00:37:10,688
And Stevie loved him
more than he loved himself.
697
00:37:10,995 --> 00:37:15,432
To have him murdered, to have his memory
treated like trash by the police...
698
00:37:24,375 --> 00:37:27,105
As one of the
Assistant Medical Examiners,
699
00:37:27,178 --> 00:37:29,703
it was my function
to perform autopsies.
700
00:37:29,914 --> 00:37:32,314
And you performed the autopsy
on Eric Thomas, did you?
701
00:37:32,783 --> 00:37:34,182
That was eight years ago.
702
00:37:34,252 --> 00:37:37,847
I don't remember, but if the records
show that I did, I won't argue.
703
00:37:39,757 --> 00:37:43,215
I show you what has been
marked Defendant's Exhibit D.
704
00:37:43,861 --> 00:37:45,141
Do you recognize it,
Dr. Berardi?
705
00:37:45,596 --> 00:37:47,689
Those are my initials, yes.
706
00:37:47,999 --> 00:37:49,990
Please tell the court
what it is.
707
00:37:50,067 --> 00:37:52,194
We call it
the M.E.'s Summary Report.
708
00:37:52,270 --> 00:37:54,568
It contains
the bottom line on a case?
709
00:37:54,639 --> 00:37:55,970
That's correct.
710
00:37:56,040 --> 00:37:59,567
Typically, there are detailed
reports found inside the folder.
711
00:38:03,648 --> 00:38:05,912
But, alas, this one's empty.
712
00:38:07,985 --> 00:38:09,646
Could that mean that the
detailed work you spoke of
713
00:38:09,720 --> 00:38:11,085
was not performed in this case?
714
00:38:11,155 --> 00:38:12,281
Absolutely not.
715
00:38:12,623 --> 00:38:16,525
I couldn't have completed the
summary if I hadn't done the work.
716
00:38:18,996 --> 00:38:22,989
And you know it was a suicide
because this little box is checked?
717
00:38:23,067 --> 00:38:24,091
That's correct.
718
00:38:24,168 --> 00:38:27,399
While at the M.E.'s office, I
performed thousands of autopsies
719
00:38:27,471 --> 00:38:30,304
and I followed the exact same
procedure with each of them.
720
00:38:30,374 --> 00:38:34,174
Okay, tell us what happens after
you check the little suicide box.
721
00:38:34,245 --> 00:38:36,736
The case is deemed closed.
722
00:38:36,814 --> 00:38:38,975
And the detectives stop working?
723
00:38:39,050 --> 00:38:40,108
That's correct.
724
00:38:40,184 --> 00:38:43,847
So, hypothetically,
if a detective was stumped
725
00:38:43,921 --> 00:38:47,152
or if he just didn't feel
like investigating the case,
726
00:38:47,224 --> 00:38:49,624
you could help him out
by making a little check here.
727
00:38:49,694 --> 00:38:51,161
That is absurd.
728
00:38:52,296 --> 00:38:53,957
But it's possible.
729
00:39:02,740 --> 00:39:06,403
Dr. Berardi, I show you what
we'll call People's 17.
730
00:39:07,044 --> 00:39:08,807
Do you recognize it?
731
00:39:10,348 --> 00:39:14,546
Yes, these are my notes from
the autopsy of Eric Thomas.
732
00:39:14,618 --> 00:39:16,017
Now, earlier, we heard
733
00:39:16,087 --> 00:39:20,854
Mr. Jason Hendri testify that he shot
Eric Thomas in the back of the head.
734
00:39:20,925 --> 00:39:23,985
Is there anything in these notes
that might confirm that statement?
735
00:39:24,295 --> 00:39:26,126
Actually, quite the opposite.
736
00:39:26,197 --> 00:39:30,566
I can state as a fact that Mr. Thomas
was not shot in the back of the head.
737
00:39:30,634 --> 00:39:32,158
Please explain.
738
00:39:32,870 --> 00:39:37,432
There were two holes in the
deceased's skull. Here and here.
739
00:39:37,942 --> 00:39:40,467
In the occipital
and temporal bones.
740
00:39:40,911 --> 00:39:44,779
The pattern of gunshot residue indicates
that the entrance wound was here.
741
00:39:44,849 --> 00:39:48,683
Then in your opinion
Mr. Hendri lied
742
00:39:48,753 --> 00:39:50,948
when he testified
that he murdered Mr. Thomas
743
00:39:51,021 --> 00:39:52,581
by shooting him
in the back of the head.
744
00:39:53,090 --> 00:39:54,352
That's correct.
745
00:39:54,859 --> 00:39:56,827
This all happened
eight years ago
746
00:39:56,894 --> 00:39:59,488
and I cannot say for sure
what happened.
747
00:40:00,264 --> 00:40:02,994
But because the suicide box
was checked,
748
00:40:04,068 --> 00:40:08,027
I would have to assume that there
were sufficient forensic markers
749
00:40:08,105 --> 00:40:10,198
to conclude that
this was not a homicide.
750
00:40:11,709 --> 00:40:13,609
JACK: Thank you, Dr. Berardi.
751
00:40:17,381 --> 00:40:18,848
(QUIETLY) I may have
misunderstood Rodgers,
752
00:40:18,916 --> 00:40:22,317
but I think Berardi's taking
liberties with the truth.
753
00:40:24,588 --> 00:40:25,850
Find out.
754
00:40:30,394 --> 00:40:33,420
I'm glad there are no hard
feelings, Dr. Berardi.
755
00:40:33,497 --> 00:40:35,829
Certainly appreciate your
coming down here.
756
00:40:35,900 --> 00:40:39,336
After what I did for you in court
today, I'd expect champagne.
757
00:40:39,403 --> 00:40:41,769
Don't get me wrong. I like
winning as much as the next guy
758
00:40:41,839 --> 00:40:45,434
but I don't like winning
with partially true testimony.
759
00:40:45,609 --> 00:40:46,609
You think I lied?
760
00:40:46,777 --> 00:40:49,575
Dr. Rodgers tells us that
gunshot residue by itself
761
00:40:49,647 --> 00:40:52,309
is not enough to determine
entrance and exit wounds.
762
00:40:52,416 --> 00:40:55,908
She told us that you'd have to examine
the beveling of the bones as well.
763
00:40:55,986 --> 00:40:58,580
We'd like to know why you omitted
that from your testimony.
764
00:40:58,823 --> 00:41:01,018
Hey, you go to hell!
765
00:41:01,091 --> 00:41:03,559
You made it perfectly clear
that I had to testify.
766
00:41:03,828 --> 00:41:06,695
Do you know
I busted my ass for this city,
767
00:41:06,764 --> 00:41:09,324
and they paid me back
by not paying me.
768
00:41:09,400 --> 00:41:12,597
But I came down here
against my better judgment
769
00:41:12,670 --> 00:41:18,302
to serve the city one more time
on a case I don't even remember.
770
00:41:19,210 --> 00:41:21,269
Do you want to know what it
was like for me at that time?
771
00:41:21,345 --> 00:41:25,247
I had 20 open cases
on my desk at any given time!
772
00:41:25,883 --> 00:41:27,748
I was overworked and overtired.
773
00:41:27,852 --> 00:41:29,649
SERENA: Are you saying
you made a mistake?
774
00:41:29,720 --> 00:41:31,984
That you checked
the suicide box by mistake?
775
00:41:33,123 --> 00:41:35,216
Haven't you ever made
a mistake, Counselor?
776
00:41:36,093 --> 00:41:38,618
Haven't you ever forgotten
a crucial question,
777
00:41:38,696 --> 00:41:41,221
forgotten a vital piece
of testimony?
778
00:41:42,099 --> 00:41:43,123
(SCOFFS)
779
00:41:43,200 --> 00:41:49,298
You know what, the truth
is I just don't know.
780
00:41:56,580 --> 00:41:58,673
Thanks for meeting me here.
781
00:41:58,849 --> 00:42:03,718
When I'm on trial I live on Frankie's
chili. Keeps the heart pumping.
782
00:42:04,855 --> 00:42:06,686
You can trade it in for a steak.
783
00:42:09,660 --> 00:42:13,494
I'm sorry, Jack, I can't
take a deal, especially now.
784
00:42:13,564 --> 00:42:16,032
I'm going to redirect Berardi
first thing tomorrow.
785
00:42:16,100 --> 00:42:20,366
She was tired. She was overworked.
She might have made a mistake.
786
00:42:20,437 --> 00:42:23,099
Or maybe
it wasn't a mistake at all.
787
00:42:23,173 --> 00:42:26,074
Look, Jack, if you were in my
position, who would you believe?
788
00:42:26,544 --> 00:42:29,638
A white woman who's already
lied once on the stand
789
00:42:29,713 --> 00:42:31,203
or a couple of centuries
of history.
790
00:42:31,282 --> 00:42:32,613
This isn't about history.
791
00:42:34,385 --> 00:42:38,287
Now, Jack, that was a very self-serving
rationalization and you know it.
792
00:42:38,355 --> 00:42:41,882
To a large portion of this country,
it is always about history.
793
00:42:44,461 --> 00:42:45,701
So you're fine with the next kid
794
00:42:45,729 --> 00:42:48,755
who's unhappy with the cop on the
corner and decides to get a gun?
795
00:42:48,832 --> 00:42:50,322
Of course not.
796
00:42:51,635 --> 00:42:53,967
But maybe now that kid won't
be condemned to live the life
797
00:42:54,038 --> 00:42:56,268
his father and grandfather
were forced to accept.
798
00:42:58,475 --> 00:43:00,500
It's not going to end, is it?
799
00:43:02,313 --> 00:43:03,313
(SIGHS)
800
00:43:03,781 --> 00:43:07,148
Jack, try the chili.
It's really good.
801
00:43:17,194 --> 00:43:19,526
JUDGE: Jury Foreman,
have you reached a verdict?
802
00:43:20,598 --> 00:43:21,598
We have.
803
00:43:21,665 --> 00:43:23,462
On the first count
of the indictment,
804
00:43:23,534 --> 00:43:26,731
attempted murder in the first
degree, how do you find?
805
00:43:26,804 --> 00:43:30,900
We find the defendant,
Steven Thomas, not guilty.
806
00:43:32,710 --> 00:43:34,041
(EXCLAIMING HAPPILY)
807
00:43:56,166 --> 00:43:59,693
Hello! You're not in a rush
to get home tonight?
808
00:44:01,338 --> 00:44:03,499
You know, I used to
wake up in the morning,
809
00:44:03,574 --> 00:44:08,978
brush my teeth, comb my hair, look in the
mirror and see a cop looking back at me.
810
00:44:09,580 --> 00:44:11,411
Stevie Thomas
shattered that mirror?
811
00:44:11,882 --> 00:44:14,680
Now I've got six eyes
looking back.
812
00:44:15,653 --> 00:44:19,919
A cop. A black woman.
A mother.
813
00:44:21,659 --> 00:44:23,456
That's lucky.
814
00:44:23,927 --> 00:44:25,485
You know what Eric Thomas sees?
815
00:44:27,398 --> 00:44:28,592
Nothing.
816
00:44:28,642 --> 00:44:33,192
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