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NARRATOR:
In the criminal justice system
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00:00:03,103 --> 00:00:06,903
the people are represented by two
separate yet equally important groups,
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00:00:06,974 --> 00:00:08,874
the police
who investigate crime
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00:00:08,942 --> 00:00:11,741
and the district attorneys
who prosecute the offenders.
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00:00:11,812 --> 00:00:13,439
These are their stories.
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00:00:15,682 --> 00:00:18,379
MAN: Get up!
Get up, you Arab pig!
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Come on! Let's go!
Let's go!
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(WHIMPERING)
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Shut up!
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On your knees.
Get on your knees!
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This'll light up
the world.
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00:00:31,865 --> 00:00:33,355
We're ready. Let's go.
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Lolli-gops, towel-heads, camel
jockeys, you are not Americans.
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00:00:39,606 --> 00:00:42,075
You're parasites
living off our citizens.
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You cheer when
our Gls die in Iraq.
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00:00:45,746 --> 00:00:48,477
Why do you live in our country
if you hate our way of life?
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00:00:51,084 --> 00:00:53,746
You thin k we're
scared ofyourfihad?
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After today,
be scared of us.
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This is ourjihad. God bless America.
(MUFFLED SCREAMING)
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ED: Victim had his wallet
and his cell phone.
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Hid name's Eric Khalaby.
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He's 26.
He's from Bay Ridge.
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I'm going to run him through NCIC and
I'm going to give the phone to TARU.
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They cut his head off?
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Yeah, just about.
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An Arab, the banner, somebody was
definitely trying to send a message.
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"United Americans for
One America."
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What is this place?
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An old fleet garage.
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You can't see the entrance,
so they obviously had privacy.
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Security guard
started his shift at 6:00,
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found the body
as soon as he got here.
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All these bloody footprints,
they're smeared,
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so we're not gonna
get a good impression.
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Knife went through the carotid.
When?
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No rigor,
three hours ago, tops.
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Your victim struggled.
I got some hair samples.
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Not his. Oh, and he's
wearing a wedding ring.
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How do you tell this
to the wife?
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00:01:53,447 --> 00:01:55,814
You all right?
Yeah, I'm fine.
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Captain.
Franks, Public Information.
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Van Buren. This is really bad.
You have no idea.
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Seen a TV yet?
No.
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NEWSCASTER ON W: ...to news organizations
in the early hours this morning,
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a homegrown version
of terrorist videos
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we've seen with
increasing frequency.
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00:02:09,563 --> 00:02:12,260
The effect of this one,
as you'll see, is the same.
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00:02:12,332 --> 00:02:14,096
It's to create fear.
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00:02:15,569 --> 00:02:20,973
Lolli-gops, towel-heads, camel
jockeys, you are not Americans.
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00:02:21,041 --> 00:02:23,601
You're parasites
living off our citizens.
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00:02:23,677 --> 00:02:27,079
You cheer when
our Gls die in Iraq.
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00:02:27,147 --> 00:02:30,082
Why do you five in our country
if you hate our way of fife?
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00:02:31,818 --> 00:02:33,843
You think we're
scared of yourjihad?
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00:02:34,488 --> 00:02:36,684
After today,
be scared of us.
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00:02:37,357 --> 00:02:41,316
This is our jihad.
God bless America.
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NEWSCASTER: The rest of course is too graphic
for us to air, but suffice it to say...
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The world doesn't need
to see this.
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Especially in front
of our flag.
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NEWSCASTER: ...terrorists
presumably Americans.
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DIANE: We tried to feel safe.
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00:03:45,392 --> 00:03:48,521
Eric always said people
were basically decent,
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00:03:48,995 --> 00:03:50,963
they wouldn't
take it out on us.
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00:03:52,165 --> 00:03:54,156
I think of
how they had him,
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00:03:54,434 --> 00:03:57,460
how scared he must've been,
how alone.
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00:03:58,772 --> 00:04:01,298
(SIGHS) Mrs. Khalaby, I know
this is difficult for you,
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00:04:01,374 --> 00:04:03,809
but we do have
a few questions.
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00:04:03,877 --> 00:04:06,608
Yes, yes. Okay.
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00:04:11,118 --> 00:04:13,018
Did Eric ever receive
any threats?
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00:04:14,855 --> 00:04:18,382
You know, just insults
on the street.
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00:04:18,525 --> 00:04:21,551
My mosque has 600
members, Detective.
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00:04:21,628 --> 00:04:24,256
For a lot of them, threats
are a simple fact of life.
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00:04:24,698 --> 00:04:28,862
This 10:00 call. Did it come in
your land line or his cell phone?
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00:04:28,935 --> 00:04:30,164
I don't remember.
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00:04:31,004 --> 00:04:33,200
I woke up when
he was getting dressed.
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United Americans
for One America.
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00:04:39,479 --> 00:04:43,245
Who are these people?
Who do they think we are?
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00:04:44,251 --> 00:04:47,619
We're Americans. I was born here.
And they hate us.
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00:04:48,955 --> 00:04:50,923
It'll never get better.
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00:04:57,097 --> 00:05:02,331
As her imam, I want her and
everyone in our mosque to befieve
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00:05:02,402 --> 00:05:04,200
that you care about
a dead Muslim.
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00:05:05,405 --> 00:05:06,497
Help me do that.
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00:05:07,174 --> 00:05:10,166
This community doesn't
exactly trust the police.
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00:05:10,243 --> 00:05:12,905
Sir, we can imagine people
thinking otherwise.
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00:05:13,180 --> 00:05:17,447
But we don't tolerate hate crimes,
no matter who the victim is.
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00:05:22,923 --> 00:05:27,520
Nina Cassady, Ed Green, this is Henry
Paulsen from the Joint Terrorism Task Force
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00:05:27,594 --> 00:05:29,392
and Brian Griggs, FBI.
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00:05:29,462 --> 00:05:32,022
We're keeping them informed
every step of the way.
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00:05:32,098 --> 00:05:35,227
Well, Mrs. Khalaby said her
husband received a call
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00:05:35,302 --> 00:05:37,202
from his law firm
around 10:00 p.m.,
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00:05:37,270 --> 00:05:39,568
but TARU said it didn't
come in on his cell phone.
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00:05:39,639 --> 00:05:42,506
And LUDs from the Khalaby apartment
don't show a call after 9:00 p.m.
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00:05:42,876 --> 00:05:44,037
Could the wife be involved?
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00:05:44,144 --> 00:05:47,637
She was grieving. I didn't
read her as faking it.
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00:05:47,714 --> 00:05:49,045
And that's not
our only problem.
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00:05:49,115 --> 00:05:53,985
Yeah. The banner from the video,
United Americans for One America?
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00:05:54,354 --> 00:05:57,949
Detective Paulsen here says they
haven't been active since the '90s.
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As far as we know, there no longer is
a United Americans for One America.
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00:06:01,261 --> 00:06:03,628
All right,
this 10:00 p.m. call.
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00:06:03,730 --> 00:06:06,893
JTTF is at Khalaby's
office, clearing it out.
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00:06:06,967 --> 00:06:09,698
Let's find out if he was
really there last night.
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00:06:12,606 --> 00:06:13,937
HOFFMAN: No, he wasn't.
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00:06:14,007 --> 00:06:17,966
And the name on the door
is Hoffman, Gold and Birnbaum.
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00:06:18,044 --> 00:06:22,345
If that makes you assume we had problems
with a Muslim lawyer, you're wrong.
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00:06:23,016 --> 00:06:25,883
Other Muslims
might have had a problem.
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00:06:25,952 --> 00:06:27,716
Did Eric actually say that?
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00:06:29,589 --> 00:06:32,650
Day before yesterday
a friend of his came in,
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00:06:32,859 --> 00:06:34,156
a Ben something.
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00:06:34,961 --> 00:06:38,625
I was standing near Eric's door,
they were arguing, to the point that
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Eric closed it.
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00:06:40,066 --> 00:06:41,363
Did you hear anything?
111
00:06:41,434 --> 00:06:43,664
Something about traditions
and acting false.
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00:06:44,137 --> 00:06:45,571
Eric sounded
pretty rattled.
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00:06:47,107 --> 00:06:50,509
I'll help any way I can.
Diane, Eric's wife,
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00:06:50,644 --> 00:06:52,134
she said you were doing
a really great job.
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00:06:52,212 --> 00:06:53,202
We appreciate that.
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00:06:53,280 --> 00:06:55,840
Listen, we heard that you went
to Eric's office two days ago.
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00:06:55,916 --> 00:06:57,907
Yeah. My day off, I
stopped by to say hi.
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00:06:57,984 --> 00:06:59,975
We heard it was a
little louder than hi.
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00:07:00,954 --> 00:07:05,221
It was nothing. You know, it
was personal, between friends.
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00:07:05,458 --> 00:07:09,417
Well, Mr. Faoud, when one of the
friends ends up with his head cut off,
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00:07:09,496 --> 00:07:11,396
personal piques
our curiosity.
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00:07:12,666 --> 00:07:14,100
There was talk,
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00:07:14,868 --> 00:07:19,066
Eric being out late. I asked him
if he was having an affair.
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00:07:19,773 --> 00:07:24,734
Diane's my cousin. I told him it had
to stop or we'd have to go the imam.
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00:07:25,178 --> 00:07:26,668
Who's this woman
he was seeing?
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00:07:26,780 --> 00:07:28,077
He wouldn't tell me.
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00:07:28,381 --> 00:07:31,180
He got defensive, I never
saw him like that before.
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00:07:31,751 --> 00:07:32,912
Someone you knew?
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00:07:32,986 --> 00:07:34,181
I wouldn't know her.
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00:07:34,254 --> 00:07:36,450
Someone not
from your community.
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00:07:36,523 --> 00:07:37,581
She wasn't Muslim.
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00:07:37,657 --> 00:07:38,715
Look, Eric's dead.
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00:07:39,159 --> 00:07:41,856
It won't help Diane to know
he might've been cheating.
134
00:07:43,897 --> 00:07:45,558
Excuse me.
I got to get to work.
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00:07:48,635 --> 00:07:50,831
So Khalaby steps
outside the faith.
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00:07:51,071 --> 00:07:54,371
I want to put names to the
numbers on the apartment LUDs.
137
00:07:54,975 --> 00:07:56,500
Maybe he called
this woman from home.
138
00:07:56,576 --> 00:07:58,567
I want to check his e-mails
from his home computer.
139
00:07:58,645 --> 00:07:59,976
Let's get
a search warrant.
140
00:08:01,348 --> 00:08:04,147
Why are you doing this? What
could you find in Eric's things?
141
00:08:04,217 --> 00:08:06,345
We're doing our best to find
out who killed your husband.
142
00:08:06,419 --> 00:08:08,080
You're not telling me
the truth about everything.
143
00:08:08,154 --> 00:08:10,248
Are you telling us
everything, Mrs. Khalaby?
144
00:08:10,724 --> 00:08:12,214
Do you have a warrant
for this search?
145
00:08:12,292 --> 00:08:13,487
ED: Of course we do.
146
00:08:13,560 --> 00:08:16,689
Could you stop for a second and think
about the message you're sending?
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00:08:16,763 --> 00:08:19,130
When you search the victim's
house, that makes him look guilty.
148
00:08:19,199 --> 00:08:20,997
That isn't
our intention, sir.
149
00:08:21,067 --> 00:08:24,435
You're not naive. What does this
say to every Muslim in the city?
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00:08:24,504 --> 00:08:26,029
CASSADY: Ed.
Excuse me.
151
00:08:28,375 --> 00:08:32,175
Back of the closet, buried under clothes.
Prepaid cell, untraceable.
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00:08:32,545 --> 00:08:33,569
The Qur'an.
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00:08:33,646 --> 00:08:35,614
Qur'an's not news.
This is a Muslim household.
154
00:08:35,682 --> 00:08:38,947
But inside there's some folded papers.
Extremist literature.
155
00:08:39,019 --> 00:08:42,512
Guys? 32 cookies,
all sites in Arabic.
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00:08:42,589 --> 00:08:44,956
I checked the URLs
against JTTF lists.
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00:08:45,025 --> 00:08:47,084
A lot of these are
anti-American sites.
158
00:08:49,295 --> 00:08:52,060
Anti-American websites,
extremist literature.
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00:08:52,332 --> 00:08:53,731
We know where
this is going.
160
00:08:53,800 --> 00:08:55,768
Don't put him in a
suicide vest just yet.
161
00:08:55,835 --> 00:08:59,032
JTTF doesn't have Eric Khalaby
on a single terrorist watchlist.
162
00:08:59,105 --> 00:09:00,573
Well, neither were most
of the guys from 9111.
163
00:09:00,640 --> 00:09:02,608
Oh, so, you'rejust going
to judge on color?
164
00:09:04,310 --> 00:09:06,677
You know what?
Just forget I said anything.
165
00:09:06,746 --> 00:09:09,147
All right. And then I'll forget I'm
black and I'll forget you're white.
166
00:09:09,716 --> 00:09:12,481
What, I defend racial
profiling, I'm a racist?
167
00:09:12,552 --> 00:09:14,646
You obviously have something
to say, so just say it.
168
00:09:15,155 --> 00:09:18,420
Okay, you get pulled over by a
cop just because you're black,
169
00:09:18,491 --> 00:09:20,289
that's wrong and it sucks.
170
00:09:20,360 --> 00:09:22,124
But if I'm alone at
1:00 in the morning
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00:09:22,195 --> 00:09:24,357
and three black teenagers
are walking towards me,
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00:09:24,431 --> 00:09:25,592
I'm going to
cross the street.
173
00:09:25,665 --> 00:09:26,791
Wait, hold on, I got a text.
174
00:09:27,567 --> 00:09:30,628
The victim made five
calls to other prepaids.
175
00:09:30,703 --> 00:09:32,967
He called 911
the day he was killed.
176
00:09:33,339 --> 00:09:35,330
Let's go to 1PP and listen
to the switchboard tape.
177
00:09:35,408 --> 00:09:37,934
And don't worry,
my ears are color blind.
178
00:09:38,878 --> 00:09:40,642
ERIC: It's happening in 36
hours, you got to stop them.
179
00:09:40,713 --> 00:09:42,181
OFHCER: Please, calm down
and tell me your name.
180
00:09:42,248 --> 00:09:43,374
I'm a good American, I
didn't mean to get involved.
181
00:09:43,450 --> 00:09:44,781
Look, {can't talk
right now, okay?
182
00:09:44,851 --> 00:09:46,717
Look, we need you tonight.
No, not today. Tomorrow.
183
00:09:46,786 --> 00:09:47,776
Okay, whatever you want.
184
00:09:47,854 --> 00:09:50,016
10:00 in the morning, Union
Square by the W Hotel.
185
00:09:50,090 --> 00:09:51,455
I'll be In a blue suit,
you can...
186
00:09:51,524 --> 00:09:52,685
Okay, I gotta go.
187
00:09:54,194 --> 00:09:55,423
Khalaby didn't give
his name.
188
00:09:55,495 --> 00:09:59,261
Not to the 911 operator and not to
the detective it was routed to.
189
00:09:59,332 --> 00:10:01,494
The detective made the meet.
No one showed.
190
00:10:01,568 --> 00:10:03,036
He was already dead.
191
00:10:03,103 --> 00:10:04,298
I was wrong.
192
00:10:04,437 --> 00:10:06,166
This guy
wasn't a terrorist.
193
00:10:06,940 --> 00:10:08,237
He was an informant.
194
00:10:12,245 --> 00:10:14,839
ED: Khalaby said that something
was gonna happen in 36 hours.
195
00:10:14,914 --> 00:10:16,905
That means tonight.
You have any ideas?
196
00:10:16,983 --> 00:10:18,781
Web chatter, but
basically, no, nothing.
197
00:10:18,852 --> 00:10:20,650
Most of these calls don't
pan out, but this one,
198
00:10:20,720 --> 00:10:22,984
the second you heard his
voice, you knew it was real.
199
00:10:23,056 --> 00:10:25,889
Marie, as soon as Agent Griggs gets
here, can you send him in, please?
200
00:10:26,459 --> 00:10:28,655
It takes four minutes
to trace a trunk line call.
201
00:10:28,728 --> 00:10:29,752
We didn't get it.
202
00:10:29,829 --> 00:10:33,629
Khalaby's second-generation
American, good job, good marriage.
203
00:10:33,700 --> 00:10:36,601
How's he end up anywhere
near a terrorist cell?
204
00:10:36,803 --> 00:10:39,534
Ordinary young men,
here, Canada, Europe.
205
00:10:39,606 --> 00:10:41,506
They see recruiting tapes
from Pakistan, Saudi.
206
00:10:41,574 --> 00:10:43,440
"Join us, your country
commits war crimes."
207
00:10:43,510 --> 00:10:46,673
You're telling me a recruiting tape turns
normal American kids into bomb-throwers.
208
00:10:46,779 --> 00:10:48,474
I'm guessing Khalaby
put one foot in the door,
209
00:10:48,548 --> 00:10:50,038
then realized
he'd made a mistake.
210
00:10:50,116 --> 00:10:51,413
So he talks
to a detective.
211
00:10:51,484 --> 00:10:54,044
The terrorists find out and they
kill him for being an informant.
212
00:10:54,120 --> 00:10:56,646
Using the white supremacist
group as cover.
213
00:10:56,723 --> 00:10:59,749
Sorry I'm late.
I'm running 117 actives.
214
00:11:00,827 --> 00:11:04,024
Point of origin on
Khalaby's call to 1PP.
215
00:11:04,831 --> 00:11:07,425
Araway Security.
High-end security systems.
216
00:11:07,500 --> 00:11:09,696
Araway's on the client list
of Khalaby's law firm.
217
00:11:09,769 --> 00:11:11,533
We called the firm. They
didn't send him out there.
218
00:11:12,071 --> 00:11:13,197
Then why was he there?
219
00:11:13,273 --> 00:11:15,264
We have 16 hours. Let's go.
220
00:11:17,810 --> 00:11:21,303
We do work for the Port Authority.
Subways, bridges.
221
00:11:21,381 --> 00:11:24,942
We manufacture and install
cameras, build network interfaces.
222
00:11:25,018 --> 00:11:26,782
City said
we missed a couple,
223
00:11:26,953 --> 00:11:28,648
so they came to
check the contracts.
224
00:11:29,856 --> 00:11:30,880
What's this about?
225
00:11:30,957 --> 00:11:33,187
Wait a minute. You said
they came to check?
226
00:11:33,259 --> 00:11:34,886
Yeah, Eric and
one of the associates.
227
00:11:34,961 --> 00:11:36,224
You remember
this lawyer's name?
228
00:11:36,296 --> 00:11:37,422
I wasn't paying attention.
229
00:11:37,497 --> 00:11:39,591
I got video on the outside doors
if you want to take a look.
230
00:11:39,832 --> 00:11:41,857
We make cameras,
they're everywhere.
231
00:11:43,536 --> 00:11:45,334
ALDRIDGE: Here we go.
Front lobby.
232
00:11:46,973 --> 00:11:48,236
CASSADY: Pause it.
233
00:11:48,641 --> 00:11:50,439
Can you blow that up?
Sure.
234
00:11:51,644 --> 00:11:52,839
ED: That's our friend
from the restaurant.
235
00:11:52,912 --> 00:11:55,142
The one that had the argument with Eric.
Ben Faoud.
236
00:11:55,248 --> 00:11:57,114
You have audio?
Yeah, sure.
237
00:11:57,383 --> 00:12:00,148
WOMAN: You're sure you have an
appointment for today? Yes.
238
00:12:00,820 --> 00:12:02,447
And where did you
say you were from?
239
00:12:02,755 --> 00:12:04,245
We're from Hoffman Gold.
240
00:12:04,991 --> 00:12:07,517
Let me call Mr. Aldridge. I
don't see you here on the list.
241
00:12:07,627 --> 00:12:09,322
Our appointment is
for today.
242
00:12:09,562 --> 00:12:12,031
Okay, stop it. Can you get
us a copy of that audio?
243
00:12:12,232 --> 00:12:13,563
Sure. Not a problem.
244
00:12:14,934 --> 00:12:18,427
We should try to match this audio to
the voices on that beheading tape.
245
00:12:19,772 --> 00:12:22,434
MAN 1: You cheer when
our Gfs die in Iraq.
246
00:12:22,542 --> 00:12:24,704
Why do you five in our country
if you hate our way of fife?
247
00:12:25,111 --> 00:12:26,670
From the Araway Security
lobby.
248
00:12:26,746 --> 00:12:29,078
BEN: Our appointment is
for today.
249
00:12:29,148 --> 00:12:31,947
We get the word,
"Our" in similar contexts.
250
00:12:32,018 --> 00:12:34,248
MAN 1: Why do you five in our country
if you hate our way of fife?
251
00:12:35,054 --> 00:12:36,886
BEN: Our appointment is
for today.
252
00:12:37,757 --> 00:12:38,747
Our appointment is...
253
00:12:39,192 --> 00:12:41,320
Not even close to
the frequency patterns.
254
00:12:41,394 --> 00:12:43,488
It's not this guy.
Try the second guy.
255
00:12:44,864 --> 00:12:47,094
MAN 2: You think we're
scared of yourjihad?
256
00:12:47,567 --> 00:12:48,557
After today...
257
00:12:48,968 --> 00:12:50,493
BEN: Our appointment is
for today.
258
00:12:51,671 --> 00:12:52,832
MAN 'l: Today...
BEN: Today...
259
00:12:53,206 --> 00:12:57,074
Today is nearly identical. If the context
was better, they would be identical.
260
00:12:57,243 --> 00:12:58,972
Good enough
for probable cause.
261
00:12:59,612 --> 00:13:01,376
The FBI staked
out the restaurant.
262
00:13:01,447 --> 00:13:04,075
Ben didn't show up for work and
he's not at his apartment.
263
00:13:07,654 --> 00:13:10,589
There's nothing personal here. No family
photos, travel souvenirs, nothing.
264
00:13:10,657 --> 00:13:11,715
He travels light.
265
00:13:11,791 --> 00:13:14,192
Look, found his passport
and your boy gets around.
266
00:13:14,260 --> 00:13:17,286
Afghanistan, Syria, Pakistan.
267
00:13:17,363 --> 00:13:19,798
I mean, these ain't your
basic vacation spots.
268
00:13:19,866 --> 00:13:22,699
Geraldo would be proud. These
were all under the floorboards,
269
00:13:22,769 --> 00:13:25,170
dozens of cell phone
sim cards.
270
00:13:25,672 --> 00:13:28,937
And schematics for a Stinger
missile shoulder-launcher.
271
00:13:31,244 --> 00:13:33,611
The schematics are real, not
some how-to off the internet.
272
00:13:33,680 --> 00:13:35,876
I don't know where he got them,
he's not on any watchlist.
273
00:13:35,948 --> 00:13:39,145
Look, I'm still at 1PP. Could
you call me on my cell phone?
274
00:13:39,585 --> 00:13:43,920
Anti-Crime, FBI, JTTF, we've
got eyes all over the city.
275
00:13:43,990 --> 00:13:45,583
He's bound to show up somewhere.
All right.
276
00:13:45,658 --> 00:13:48,457
Homeland Security turned these
up while tracking other people.
277
00:13:48,528 --> 00:13:51,225
Ben, Chicago, lecture on the
oppression of Arab peoples.
278
00:13:51,297 --> 00:13:54,323
H eat h row, on his way to Damascus.
But basically he's NORA.
279
00:13:54,400 --> 00:13:57,301
NORA. Nothing On Record Against?
280
00:13:57,370 --> 00:14:00,806
Yeah. If he's turned active, it's
a cell of two or three at most.
281
00:14:00,873 --> 00:14:02,272
We have five hours.
282
00:14:02,342 --> 00:14:05,334
Araway has 20,000 cameras
surveilling 2,000 sites.
283
00:14:05,411 --> 00:14:06,901
Any of those places
could be a target.
284
00:14:06,979 --> 00:14:09,038
If he knows we're onto
him, does he back down?
285
00:14:09,115 --> 00:14:10,446
PAULSEN: lwouldn't count on it.
286
00:14:10,516 --> 00:14:12,917
Van Buren. Where?
How good's the ID?
287
00:14:14,187 --> 00:14:15,177
Thanks.
288
00:14:15,455 --> 00:14:18,447
Anti-Crime sitting on the
Crescent Sun Mosque in Maspeth
289
00:14:18,524 --> 00:14:20,686
just lD'd
Ben Faoud going in.
290
00:14:20,760 --> 00:14:22,228
Let's get a team
out there.
291
00:14:29,202 --> 00:14:30,863
They're locking the doors.
All the lights are out.
292
00:14:30,937 --> 00:14:36,307
Anti-Crime says he went in and every set of
eyes we have out there says he never came out.
293
00:14:37,310 --> 00:14:38,505
Bring up
the heat sensor.
294
00:14:39,212 --> 00:14:41,613
Activate the thermal image
and see what you got.
295
00:14:42,148 --> 00:14:46,346
OFFICER: I got water pipes, radiator.
Nothing.
296
00:14:48,221 --> 00:14:53,284
Wait. [got 'em.
Two bodies.
297
00:14:54,927 --> 00:14:56,793
Going down the stairs.
East comer.
298
00:14:56,863 --> 00:14:58,797
I still can't believe
we're storming a mosque.
299
00:14:58,865 --> 00:15:00,424
If we were looking
for any fugitive
300
00:15:00,500 --> 00:15:02,594
in any other place,
we'd do the same thing.
301
00:15:02,668 --> 00:15:05,296
We need the warrant
to go inside.
302
00:15:06,105 --> 00:15:09,336
Signed? Thanks.
We got the search warrant.
303
00:15:11,344 --> 00:15:12,436
OFFICER 1: Hit it!
304
00:15:13,713 --> 00:15:15,579
OFFICER 2: Police!
Search warrant!
305
00:15:20,052 --> 00:15:21,417
Hold your fire!
306
00:15:21,888 --> 00:15:23,913
BEN: Don't shoot.
I'm coming out!
307
00:15:24,056 --> 00:15:26,081
Freeze!
Hands in the air!
308
00:15:26,159 --> 00:15:27,354
Don't shoot!
Turn around!
309
00:15:27,427 --> 00:15:29,088
I'm not armed!
All clear!
310
00:15:29,162 --> 00:15:31,290
Get down! Get down on the ground!
Now!
311
00:15:31,364 --> 00:15:32,559
Get your face
on the ground.
312
00:15:33,833 --> 00:15:36,234
You're under arrest for
the murder of Eric Khalaby.
313
00:15:36,302 --> 00:15:37,565
You have the right
to remain silent.
314
00:15:37,637 --> 00:15:39,765
Anything you say can be used
against you in a court of law.
315
00:15:39,839 --> 00:15:40,829
You have the
right to an attorney.
316
00:15:40,907 --> 00:15:43,308
If you cannot afford one,
one will be provided for you.
317
00:15:44,043 --> 00:15:45,306
Eric was my friend.
318
00:15:45,378 --> 00:15:46,903
Why on God's earth
would I hurt him?
319
00:15:46,979 --> 00:15:50,415
Because he warned the police about
your plan to use Stinger missiles.
320
00:15:50,483 --> 00:15:52,577
Your voice matches
the one on the videotape.
321
00:15:52,652 --> 00:15:53,744
You had the
knife in your hand.
322
00:15:53,820 --> 00:15:55,481
And this is only going
to make the ID clearer.
323
00:15:55,555 --> 00:15:57,023
What are you people
talking about?
324
00:15:57,223 --> 00:15:59,191
Eric was murdered by
white racists.
325
00:15:59,292 --> 00:16:03,957
Do white racists distribute DVDs
of beheadings to deter informants?
326
00:16:04,030 --> 00:16:07,523
20 of them, Ben, found in your
backpack inside the mosque.
327
00:16:07,600 --> 00:16:10,160
You put them on the street,
the people get your message.
328
00:16:10,236 --> 00:16:12,933
You're insane. The DVDs
belonged to Ray Al-Sini.
329
00:16:13,072 --> 00:16:16,337
You people shot him dead at the mosque.
You saw him!
330
00:16:16,409 --> 00:16:18,173
He was a whack-job!
He's nuts!
331
00:16:18,511 --> 00:16:21,378
Where are you hiding
the Stingers, Ben?
332
00:16:23,249 --> 00:16:25,240
I swear, I don't know what
you're talking about.
333
00:16:25,351 --> 00:16:26,512
(CELL PHONE RINGING)
334
00:16:32,091 --> 00:16:35,083
TARU broke Mr. Faoud's
laptop encryption.
335
00:16:35,161 --> 00:16:36,890
Snub drive in
the computer itself.
336
00:16:37,864 --> 00:16:40,856
Pier 12.
Port of New York.
337
00:16:41,133 --> 00:16:43,625
Someone wanted to get on those
docks without being seen.
338
00:16:43,703 --> 00:16:45,068
That's what
Khalaby knew.
339
00:16:45,137 --> 00:16:47,401
That Faoud was trying to bring
something through the ports.
340
00:16:47,473 --> 00:16:50,909
Hold on, guys. This steps on a bigger
operation already in progress.
341
00:16:50,977 --> 00:16:52,172
Griggs, what are
you talking about?
342
00:16:52,245 --> 00:16:55,613
Three days ago, the merchant ship Sea Ange!
docked from London.
343
00:16:55,681 --> 00:16:57,945
We've had it staked out
since it arrived into port.
344
00:16:58,017 --> 00:16:59,917
Somebody was supposed
to pick up a package.
345
00:17:00,253 --> 00:17:01,584
What kind of package?
346
00:17:02,288 --> 00:17:05,087
I'll be moving Mr. Faoud to the
federal facility on Church Street.
347
00:17:05,691 --> 00:17:07,887
He's already
been booked by NYPD.
348
00:17:08,528 --> 00:17:09,927
Unbook him.
349
00:17:13,866 --> 00:17:15,459
I'll call Jack McCoy.
350
00:17:18,137 --> 00:17:22,040
We asked the NYPD for
custody of Mr. Faoud.
351
00:17:22,108 --> 00:17:24,509
We heard you
advised against that.
352
00:17:24,577 --> 00:17:26,705
No, I said
it wasn't resolved.
353
00:17:26,779 --> 00:17:28,076
We're taking jurisdiction.
354
00:17:28,147 --> 00:17:30,946
A package came into Pier 12,
we believe for Mr. Faoud.
355
00:17:31,017 --> 00:17:32,451
What makes you think
it was for him?
356
00:17:32,518 --> 00:17:34,316
Two of his relatives
helped ship the package.
357
00:17:34,387 --> 00:17:36,287
We heard
it was Stinger missiles.
358
00:17:38,991 --> 00:17:42,655
The Attorney General gives you limited
security clearance for today only.
359
00:17:42,728 --> 00:17:45,095
It was two pounds of
U-235 uranium.
360
00:17:45,264 --> 00:17:47,824
Most likely shipped from an arms
factoryjust outside of London.
361
00:17:47,900 --> 00:17:50,369
Put a pound of that in a suitcase
with a couple sticks of dynamite,
362
00:17:50,436 --> 00:17:52,029
explode the suitcase,
363
00:17:52,204 --> 00:17:55,697
youWlhave radioactive
dust spread for miles.
364
00:17:56,042 --> 00:17:57,339
Do it on a subway,
365
00:17:57,410 --> 00:18:00,107
the tunnels would be radioactive
for 20 or 30 years.
366
00:18:00,179 --> 00:18:04,138
British Intel got in early. Replaced
the uranium with a dummy drop.
367
00:18:04,216 --> 00:18:08,847
So, if I understand correctly,
you don't have a strong case.
368
00:18:10,590 --> 00:18:12,581
If I'm wrong,
Faoud's all yours.
369
00:18:14,226 --> 00:18:17,127
Apparently I'm not,
so let's be honest.
370
00:18:17,196 --> 00:18:20,359
We treat him fairly or we
turn him into a folk hero.
371
00:18:20,800 --> 00:18:22,165
Jack, let's take a walk.
372
00:18:26,205 --> 00:18:27,764
Well, you're not wrong.
373
00:18:29,141 --> 00:18:31,303
Can Faoud lead you
to other terrorists?
374
00:18:32,912 --> 00:18:35,847
On the record,
anything's possible.
375
00:18:37,216 --> 00:18:38,479
Off the record,
376
00:18:38,551 --> 00:18:40,747
it's a two-man cell,
he's number two.
377
00:18:40,820 --> 00:18:43,255
No one below them and they never
let them meet anyone above.
378
00:18:43,322 --> 00:18:45,757
He's a baby terrorist,
Warren.
379
00:18:45,825 --> 00:18:48,351
Behind bars,
he doesn't get to grow up.
380
00:18:48,828 --> 00:18:51,798
Tell this to the FBI,
he goes away 25-to-life,
381
00:18:51,864 --> 00:18:54,799
that's enough leverage to
find out anything he knows.
382
00:18:56,802 --> 00:19:00,568
One problem. You can't mention
the uranium at trial.
383
00:19:00,640 --> 00:19:02,768
Your security clearance
was only good for today.
384
00:19:02,842 --> 00:19:04,310
Uranium gives us motive.
385
00:19:04,377 --> 00:19:05,606
This one the FBI wins.
386
00:19:05,678 --> 00:19:09,615
You mention the uranium at trial, you
violate the National Security Act of 1947.
387
00:19:09,682 --> 00:19:11,309
Then I'll have
to prosecute you.
388
00:19:12,051 --> 00:19:14,577
I won't like it,
but I'll do it.
389
00:19:21,861 --> 00:19:25,889
"Docket number 0742193.
People v. Benjamin Faoud.
390
00:19:25,965 --> 00:19:27,831
"The charge is
murder in the first degree."
391
00:19:27,900 --> 00:19:30,028
Your Honor,
before we go further,
392
00:19:30,102 --> 00:19:33,697
we've all seen a videotape that actually
tells us who murdered Eric Khalaby.
393
00:19:33,773 --> 00:19:35,332
My client's
here for one reason.
394
00:19:35,408 --> 00:19:37,502
Muslims being singled out
for persecution.
395
00:19:37,576 --> 00:19:39,169
Nice speech,
Mr. Robinette.
396
00:19:39,245 --> 00:19:41,111
Let's move on.
How does the defendant plead?
397
00:19:41,180 --> 00:19:42,170
Not guilty.
398
00:19:42,615 --> 00:19:44,276
Judge, you have
before you a request
399
00:19:44,350 --> 00:19:46,614
for the imam of my
client's mosque to speak.
400
00:19:46,686 --> 00:19:48,415
By all means,
Mr. Robinette.
401
00:19:52,191 --> 00:19:56,856
Your Honor, sir, I've known Mr. Faoud
many years as a good and decent man.
402
00:19:57,296 --> 00:19:59,560
He is a respected
member of our community.
403
00:19:59,632 --> 00:20:03,296
He gives time to our mosque,
to our religious instruction,
404
00:20:03,369 --> 00:20:06,566
andifyouWl release him to my
custody, I can guarantee his return.
405
00:20:06,639 --> 00:20:08,607
The court appreciates
your obvious sincerity.
406
00:20:08,674 --> 00:20:10,142
But you have
no way to guarantee
407
00:20:10,209 --> 00:20:13,645
Mr. Faoud's appearance and
the law requires I do that.
408
00:20:13,713 --> 00:20:15,374
So I'll have to ask
you to take your seat.
409
00:20:15,448 --> 00:20:17,473
(PEOPLE CLAMORING)
410
00:20:21,520 --> 00:20:22,885
My apologies.
411
00:20:23,689 --> 00:20:26,124
Thank you.
Let's move on.
412
00:20:26,992 --> 00:20:28,357
The People
ask for remand.
413
00:20:28,427 --> 00:20:30,691
The defendant's
an obvious flight risk.
414
00:20:30,763 --> 00:20:31,924
Because he travels a lot?
415
00:20:31,997 --> 00:20:34,523
Because he travels to places where
people can disappear easily
416
00:20:34,600 --> 00:20:36,534
and where known terrorists
have been trained.
417
00:20:36,602 --> 00:20:40,869
So if I go to the cradle of civilization
on vacation, that makes me a terrorist?
418
00:20:40,940 --> 00:20:44,137
Judge, the prosecutor has no evidence
for the alleged motive for the crime.
419
00:20:44,210 --> 00:20:46,975
We'll leave that to the trial judge.
The defendant is remanded.
420
00:20:47,346 --> 00:20:48,370
And Mr. Robinette?
421
00:20:48,447 --> 00:20:51,678
Be sure to call me the next time
you go to Kabul on vacation.
422
00:20:52,518 --> 00:20:53,508
(GAVEL POUNDS)
423
00:20:55,454 --> 00:20:58,719
Robinette went straight for
motive even at the arraignment.
424
00:20:59,291 --> 00:21:01,623
Well, Robinette used
to work in this office.
425
00:21:02,027 --> 00:21:05,429
You think that he can't
spot the holes in a case?
426
00:21:06,031 --> 00:21:08,796
Your victim
was an informant.
427
00:21:09,602 --> 00:21:13,038
Ajury needs to know what he was
informing on to know why he was killed.
428
00:21:13,139 --> 00:21:14,937
We'll work around it.
We have to.
429
00:21:16,108 --> 00:21:17,633
Terrorism's your motive.
430
00:21:18,410 --> 00:21:20,310
That's what Khalaby was
informing on.
431
00:21:20,579 --> 00:21:22,513
This trial can't
be about terrorism.
432
00:21:22,848 --> 00:21:26,876
Too late. To prove the man's a murderer,
first you got to prove he's a terrorist.
433
00:21:27,586 --> 00:21:31,523
The question is, if the FBI couldn't
prove terrorism, how are you going to?
434
00:21:31,624 --> 00:21:35,288
His voice on the tape,
the pictures of Pier 12,
435
00:21:35,895 --> 00:21:38,557
the beheading DVDs,
the jury will figure it out.
436
00:21:38,631 --> 00:21:41,293
Don't count on the DVDs.
Motion to suppress.
437
00:21:41,600 --> 00:21:44,035
They're arguing the heat sensor
violates the Fourth Amendment.
438
00:21:44,103 --> 00:21:45,901
The Kyllo decision
doesn't apply.
439
00:21:45,971 --> 00:21:48,372
Well, Paul Robinette
can argue that it does
440
00:21:49,175 --> 00:21:52,372
and he has a most forceful
authority on his side.
441
00:21:53,045 --> 00:21:57,482
The Supreme Court in the person of Mr.
Justice Antonio Scalia.
442
00:22:01,921 --> 00:22:03,411
Scalia.
Who would've thunk?
443
00:22:03,489 --> 00:22:05,218
Nino on the side of
defendants?
444
00:22:05,291 --> 00:22:07,020
The Kyllo decision
was narrow.
445
00:22:07,092 --> 00:22:08,150
What's narrow?
446
00:22:08,694 --> 00:22:11,186
"It would be foolish to contend
that the degree of privacy
447
00:22:11,263 --> 00:22:13,231
"secured to citizens
by the Fourth Amendment
448
00:22:13,299 --> 00:22:16,758
"has been entirely unaffected
by the advance of technology."
449
00:22:16,902 --> 00:22:19,166
He said heat sensors violate the
Fourth Amendment prohibition against
450
00:22:19,238 --> 00:22:20,797
unreasonable search.
451
00:22:21,173 --> 00:22:23,904
It's like tapping a phone.
Wanna listen? Get a warrant.
452
00:22:24,243 --> 00:22:27,508
And the cops at the Crescent Mosque
didn't till after the heat sensor.
453
00:22:27,713 --> 00:22:30,944
The heat sensor gave them probable
cause to get the search warrant.
454
00:22:31,116 --> 00:22:35,110
The opinion mentions the
word, "Home" 67 times.
455
00:22:35,187 --> 00:22:36,916
Jack, a search is a search.
456
00:22:36,989 --> 00:22:39,424
A man's home is his castle.
That's the decision.
457
00:22:39,491 --> 00:22:42,324
Nowhere are the words mosque,
synagogue, or church.
458
00:22:42,461 --> 00:22:46,398
Would the cops use a heat sensor at a
church? No. But Muslims have no rights.
459
00:22:46,498 --> 00:22:48,466
It should all be thrown
out including the arrest.
460
00:22:48,534 --> 00:22:51,834
Mr. Robinette, the cops could've
waited all night to arrest him.
461
00:22:51,904 --> 00:22:54,305
Inevitable result,
he'd have come out eventually.
462
00:22:54,773 --> 00:22:57,105
The DVDs are purely
fruit of the search.
463
00:22:57,309 --> 00:22:59,710
The arrest is in.
The DVDs are out.
464
00:23:01,847 --> 00:23:05,010
Really? Well,
when is she scheduled?
465
00:23:06,185 --> 00:23:07,914
Let me call you right back.
466
00:23:09,255 --> 00:23:12,122
Diane Khalaby was just put
on Ben Faoud's visitor's list.
467
00:23:12,191 --> 00:23:14,387
She's on her way to
Rikers with the Imam.
468
00:23:14,927 --> 00:23:16,486
What does she want
with her husband's killer?
469
00:23:17,162 --> 00:23:21,065
No, what does he want from her?
Tell Rikers to get it on tape.
470
00:23:24,670 --> 00:23:27,662
They say that's you holding the knife.
They say you killed Eric.
471
00:23:27,740 --> 00:23:30,675
You believe them?
Tapes can be altered.
472
00:23:30,809 --> 00:23:33,335
The police will do anything
to protect the real killers.
473
00:23:33,646 --> 00:23:34,977
What's he getting
out of this?
474
00:23:35,047 --> 00:23:36,879
They say
you were making a bomb.
475
00:23:37,883 --> 00:23:39,612
Diane, don't
let them divide us.
476
00:23:39,985 --> 00:23:41,646
What do I know
about making bombs?
477
00:23:46,759 --> 00:23:48,227
That night he left...
478
00:23:51,530 --> 00:23:53,931
I'm sorry for thinking
you could do this.
479
00:23:53,999 --> 00:23:55,660
Tell me she doesn't believe him.
480
00:23:55,734 --> 00:23:58,897
Imam Ibrahim will tell you.
I couldn't have killed Eric.
481
00:23:59,071 --> 00:24:00,766
I was with the
Imam that night.
482
00:24:03,475 --> 00:24:05,375
Tell her,
Imam Ibrahim.
483
00:24:06,946 --> 00:24:08,038
JACK: What's he waiting for?
484
00:24:09,815 --> 00:24:12,614
Yes, Diane,
Ben was at the mosque.
485
00:24:14,119 --> 00:24:15,280
He's a lousy liar.
486
00:24:15,354 --> 00:24:16,879
You think
he'll lie on the stand?
487
00:24:17,256 --> 00:24:19,020
You never bet
against cultural ties.
488
00:24:19,992 --> 00:24:21,426
(RINGING)
489
00:24:21,593 --> 00:24:22,754
It's Connie.
490
00:24:24,196 --> 00:24:26,255
Absolutely.
We'll be right there.
491
00:24:27,166 --> 00:24:28,429
Arthur wants us right away.
492
00:24:31,236 --> 00:24:34,467
We sure didn't leak it.
That leaves you.
493
00:24:34,540 --> 00:24:35,769
Ask the reporter.
494
00:24:35,841 --> 00:24:36,967
He's not talking.
495
00:24:37,042 --> 00:24:38,806
You're accusing
my people, Warren,
496
00:24:38,877 --> 00:24:40,675
and I'm not too fond
of your manners.
497
00:24:40,746 --> 00:24:42,942
Now no one here
spoke to that reporter.
498
00:24:43,015 --> 00:24:45,916
If you think we would risk national
security to win a murder trial...
499
00:24:45,985 --> 00:24:48,511
You were in trouble with motive.
What was Khalaby going to reveal?
500
00:24:48,587 --> 00:24:53,081
Uranium. Now it's out.
Qui bono? Who benefits?
501
00:24:54,159 --> 00:24:55,991
The Attorney General
says you benefit.
502
00:24:57,629 --> 00:25:00,826
You know, talk is like
thunder, loud and harmless,
503
00:25:01,367 --> 00:25:02,857
so unless you've
got a search warrant,
504
00:25:02,935 --> 00:25:05,063
I suggest you get the
hell out of my office.
505
00:25:05,137 --> 00:25:10,837
The FBl's out for blood and I
hope to God, it's not yours.
506
00:25:15,147 --> 00:25:16,945
Tell me
I didn't just lie to him.
507
00:25:17,016 --> 00:25:18,006
I wouldn't do this.
508
00:25:18,484 --> 00:25:20,009
Absolutely not.
509
00:25:20,419 --> 00:25:23,013
If we didn't leak
this story, who did?
510
00:25:27,092 --> 00:25:28,958
MORALES: We have
a 95% voice match.
511
00:25:29,028 --> 00:25:31,326
Mr. Faoud's voice is on
the tape of the beheading.
512
00:25:31,397 --> 00:25:34,389
95% What about
the other five?
513
00:25:34,466 --> 00:25:35,490
That's our margin of error.
514
00:25:35,567 --> 00:25:37,797
Easy for you to say,
you're not on trial.
515
00:25:38,303 --> 00:25:41,671
The tape was in the TV station for three
hours. Could the voice be changed?
516
00:25:41,807 --> 00:25:44,401
No, I think
I'd be able to tell.
517
00:25:44,810 --> 00:25:46,778
You think and 95%
518
00:25:47,880 --> 00:25:51,475
For a man sure of himself, your
words indicate a lot of doubt.
519
00:25:51,650 --> 00:25:53,049
No further questions.
520
00:25:53,118 --> 00:25:55,177
JUDGE: We're in recess
until tomorrow morning.
521
00:25:55,254 --> 00:25:56,244
(GAVEL POUNDS)
522
00:25:59,958 --> 00:26:00,948
What?
523
00:26:01,560 --> 00:26:03,289
Diane Khalaby's
not in court.
524
00:26:03,362 --> 00:26:05,330
She's not on our witness list
and she's not on theirs.
525
00:26:05,397 --> 00:26:07,263
You'd think
she'd want to be here.
526
00:26:10,702 --> 00:26:13,137
I'd rather not be in the
courtroom, that's all.
527
00:26:14,139 --> 00:26:16,301
I need to move on
with my life.
528
00:26:16,442 --> 00:26:18,672
How can you
move on from this?
529
00:26:22,214 --> 00:26:24,012
Mrs. Khalaby?
530
00:26:26,518 --> 00:26:28,987
Mrs. Khalaby,
we're on your side.
531
00:26:34,326 --> 00:26:36,454
Eric was going through
a bad time.
532
00:26:37,696 --> 00:26:39,755
A woman spit on him
in the subway.
533
00:26:40,199 --> 00:26:42,429
They searched him
at the airport twice.
534
00:26:44,203 --> 00:26:49,073
Then one night, I found him watching
these terrorist recruiting tapes.
535
00:26:50,375 --> 00:26:52,036
Did you ask about them?
536
00:26:53,479 --> 00:26:55,607
When he started
disappearing at night.
537
00:26:56,715 --> 00:26:58,240
It lasted a few weeks.
538
00:26:59,184 --> 00:27:01,175
He said it was
a moment of weakness.
539
00:27:01,887 --> 00:27:06,381
He got caught up with the wrong people.
He said they were insane.
540
00:27:07,059 --> 00:27:09,460
Suitcase bombs,
blowing up bridges.
541
00:27:10,229 --> 00:27:11,924
Your cousin Ben
was one of them.
542
00:27:18,570 --> 00:27:20,800
He never mentioned
Ben's name.
543
00:27:23,342 --> 00:27:27,472
Then he called from the office,
it was a few days later,
544
00:27:30,015 --> 00:27:32,279
he said it was over, he said
he'd called the police,
545
00:27:32,351 --> 00:27:35,685
he was going to meet them.
I was so afraid.
546
00:27:36,388 --> 00:27:37,651
You didn't
trust the police?
547
00:27:37,723 --> 00:27:41,591
They could send him to
Guantanamo, they could kill him.
548
00:27:42,161 --> 00:27:45,791
I called my cousin Ben. I said
Eric was mixed up with terrorists,
549
00:27:45,864 --> 00:27:46,854
he was going to
meet the police.
550
00:27:46,932 --> 00:27:49,060
Ben had to do something,
he had to protect him.
551
00:27:50,335 --> 00:27:51,700
He said he would.
552
00:27:55,307 --> 00:27:57,275
Now I know where
Eric went that night.
553
00:27:58,510 --> 00:28:00,979
Not to the office,
he was lying.
554
00:28:02,881 --> 00:28:06,875
Don't you see?
I told Ben everything.
555
00:28:07,352 --> 00:28:10,117
If I hadn't called him, my
husband would still be alive.
556
00:28:12,524 --> 00:28:15,459
What makes you sure it was
Ben who killed your husband?
557
00:28:17,529 --> 00:28:19,588
After Eric left that night,
558
00:28:24,136 --> 00:28:25,604
I called the Imam.
559
00:28:25,971 --> 00:28:28,668
He told me to go
to the mosque to pray.
560
00:28:28,740 --> 00:28:33,007
I was there till 4:00 in the
morning. Ben was never there.
561
00:28:33,612 --> 00:28:36,047
But he told the Imam
to say he was.
562
00:28:39,251 --> 00:28:40,650
We need to go
over this carefully
563
00:28:40,719 --> 00:28:42,687
so you'll be prepared
when you testify.
564
00:28:44,723 --> 00:28:47,488
Testify? Don't be absurd.
565
00:28:48,493 --> 00:28:49,551
You were at the mosque.
566
00:28:49,628 --> 00:28:51,528
I've lost my husband,
567
00:28:53,232 --> 00:28:56,998
Ben, and now
I've lost my imam.
568
00:28:58,103 --> 00:29:00,197
He'll lie to protect
these people.
569
00:29:01,907 --> 00:29:03,534
Should I turn
against my imam?
570
00:29:04,743 --> 00:29:07,644
All I have left
is this community.
571
00:29:09,114 --> 00:29:11,105
I can't give that up.
572
00:29:21,760 --> 00:29:23,751
And your cousins
who were arrested,
573
00:29:23,829 --> 00:29:25,524
do you know what
they were smuggling?
574
00:29:25,597 --> 00:29:27,588
The newspaper said
it was uranium.
575
00:29:27,799 --> 00:29:29,426
What do you know about
uranium?
576
00:29:29,501 --> 00:29:31,230
I'm a waiter,
I work in a restaurant.
577
00:29:31,303 --> 00:29:33,829
I don't know about uranium
or bombs or anything.
578
00:29:34,740 --> 00:29:36,504
Did you murder
Eric Khalaby?
579
00:29:37,276 --> 00:29:42,043
He was my friend. He was killed by people
who hate Muslims. That's the truth.
580
00:29:42,381 --> 00:29:44,372
Thank you.
No further questions.
581
00:29:48,253 --> 00:29:50,620
Mr. Faoud,
we heard testimony
582
00:29:50,756 --> 00:29:56,024
that your voice is on the tape of
the beheading of Eric Khalaby.
583
00:29:56,094 --> 00:29:57,425
How do you
explain that?
584
00:29:58,163 --> 00:30:00,598
I can't argue with the
people who are framing me.
585
00:30:00,666 --> 00:30:01,656
Who would that be?
586
00:30:02,134 --> 00:30:04,603
The United States government.
587
00:30:04,670 --> 00:30:07,037
It's not possible for the
government to frame someone
588
00:30:07,105 --> 00:30:08,573
they hoped was guilty?
589
00:30:09,207 --> 00:30:12,973
You posed as a lawyer to get
information on camera systems.
590
00:30:13,045 --> 00:30:15,036
Was that part
of a conspiracy?
591
00:30:15,514 --> 00:30:18,415
I'm into computers. Eric
said I'd learn something.
592
00:30:19,151 --> 00:30:21,643
I couldn't get in unless
I pretended to be a lawyer.
593
00:30:21,987 --> 00:30:26,481
You went to look at camera security systems
because you were curious about computers?
594
00:30:26,558 --> 00:30:29,220
Mr. Faoud, do you expect
us to believe that?
595
00:30:29,361 --> 00:30:30,692
It's the truth.
596
00:30:32,097 --> 00:30:37,467
Why were photos of Pier 12 found
on a computer in your apartment?
597
00:30:38,003 --> 00:30:41,029
It wasn't my computer,
it belonged to Ray Al-Sini.
598
00:30:41,106 --> 00:30:42,767
A friend from the mosque.
599
00:30:42,841 --> 00:30:45,469
I had no idea he was a terrorist
until the police shot him.
600
00:30:45,711 --> 00:30:49,147
Did your good friend
lift your floorboards
601
00:30:49,348 --> 00:30:53,546
and place schematics of a Stinger
missile launcher under them?
602
00:30:53,952 --> 00:30:56,546
The government can
plant anything anywhere.
603
00:30:57,189 --> 00:30:58,520
Look, I grew up in Brooklyn.
604
00:30:59,291 --> 00:31:00,725
I've never been arrested.
605
00:31:00,792 --> 00:31:02,453
I've never broken the law.
606
00:31:02,527 --> 00:31:06,464
I have friends who are Jews and Muslims
and Catholics and everything else.
607
00:31:06,631 --> 00:31:09,726
I work hard, I belong
to a union, I pay my dues.
608
00:31:09,801 --> 00:31:12,793
All of a sudden I'm killing
people and making bombs?
609
00:31:13,171 --> 00:31:17,540
Are you telling this jury that
the United States government
610
00:31:18,076 --> 00:31:20,875
and the New York
City Police Department
611
00:31:21,346 --> 00:31:27,479
and the Joint Terrorism Task
Force of the NYPD and the FBI
612
00:31:27,552 --> 00:31:31,250
all constructed a conspiracy
to make you look guilty?
613
00:31:32,224 --> 00:31:33,783
Is that your defense?
614
00:31:34,493 --> 00:31:38,452
My own government doesn't trust
my culture or my religion.
615
00:31:39,398 --> 00:31:42,561
I don't buy it, Mr. Faoud.
No further questions.
616
00:31:43,168 --> 00:31:47,298
Re-direct. Why do you feel the
government is trying to frame you?
617
00:31:49,207 --> 00:31:50,572
They need us to be scared.
618
00:31:51,576 --> 00:31:53,169
They need a face
for terrorism.
619
00:31:54,613 --> 00:31:55,978
Today it's me.
620
00:31:56,548 --> 00:31:58,676
And tomorrow
it could be anyone.
621
00:32:03,221 --> 00:32:05,519
He's arguing
government conspiracy?
622
00:32:05,590 --> 00:32:07,217
As if the jury
would buy that.
623
00:32:07,292 --> 00:32:08,418
Maybe they do.
624
00:32:09,394 --> 00:32:10,884
Faoud knows
what he's doing.
625
00:32:10,996 --> 00:32:12,987
Two-thirds of the
jury are minorities.
626
00:32:13,064 --> 00:32:15,795
And they are more likely
to believe in conspiracies?
627
00:32:15,867 --> 00:32:19,167
You forget, I'm a minority.
I know something you don't.
628
00:32:19,237 --> 00:32:22,104
No matter where we are, we're
always a little separate.
629
00:32:22,174 --> 00:32:25,269
But nobody could believe
that we framed Ben Faoud.
630
00:32:25,343 --> 00:32:27,004
ARTHUR: I don't know.
Maybe she's right.
631
00:32:27,078 --> 00:32:29,046
It only takes
one to hang ajury.
632
00:32:29,114 --> 00:32:30,104
And if you take
a poll of blacks,
633
00:32:30,182 --> 00:32:33,345
how many would think twice before
they believed a cop's testimony?
634
00:32:33,485 --> 00:32:34,816
Take a look at this.
635
00:32:34,886 --> 00:32:36,877
The reporter who
broke the uranium story.
636
00:32:36,955 --> 00:32:40,289
I pulled all his past articles
concerning Muslim-American relations.
637
00:32:40,358 --> 00:32:43,726
This is from five years ago. Look at
the photo, who's standing in the back.
638
00:32:44,629 --> 00:32:45,858
The Imam.
639
00:32:46,031 --> 00:32:47,863
He had to have
met the reporter.
640
00:32:47,933 --> 00:32:49,924
How would he know anything
about the uranium?
641
00:32:50,068 --> 00:32:51,729
Well, and if he knew,
642
00:32:51,803 --> 00:32:54,204
why leak a story that's going to
hurt a man he's trying to save?
643
00:32:54,806 --> 00:32:56,706
Unless he never
wanted to save him.
644
00:32:57,909 --> 00:32:59,536
The Imam was pressured.
645
00:32:59,978 --> 00:33:02,538
When we saw him at Rikers,
he was being bullied.
646
00:33:02,614 --> 00:33:04,673
I think he's known everything
from the beginning.
647
00:33:04,749 --> 00:33:07,582
He leaks the uranium to
get Ben Faoud off his back.
648
00:33:07,953 --> 00:33:10,979
Suppose it's true.
Where does it get us?
649
00:33:33,678 --> 00:33:35,009
Mr. McCoy.
650
00:33:35,914 --> 00:33:37,939
Why'd you leak
the uranium story?
651
00:33:38,717 --> 00:33:44,815
"I want to put out the fires of Hell
and burn down the rewards of Paradise.
652
00:33:44,890 --> 00:33:46,915
"They block
the way to God."
653
00:33:47,025 --> 00:33:48,891
A saying from
the eighth century.
654
00:33:49,761 --> 00:33:52,253
You wanted to see
Ben Faoud convicted.
655
00:33:53,131 --> 00:33:54,826
But you spoke for
him at his arraignment
656
00:33:54,900 --> 00:33:56,595
and gave him an alibi.
657
00:33:56,801 --> 00:33:59,702
And I will testify for Mr.
Faoud tomorrow as planned.
658
00:34:00,005 --> 00:34:01,939
Consider what you're doing.
659
00:34:03,108 --> 00:34:05,702
Do you know
my connection to 9/11?
660
00:34:05,877 --> 00:34:09,245
My nephew died. A security
guard in the south tower.
661
00:34:09,714 --> 00:34:12,479
The next week, pig's blood
was thrown on the mosque.
662
00:34:13,151 --> 00:34:14,641
We all lost that day.
663
00:34:14,719 --> 00:34:16,209
American Muslims keep losing.
664
00:34:16,288 --> 00:34:17,517
You can change that.
665
00:34:17,589 --> 00:34:19,614
At what cost?
You're a lawyer.
666
00:34:19,691 --> 00:34:22,353
You understand
how the world works.
667
00:34:22,427 --> 00:34:24,657
You know my people
don't trust the police.
668
00:34:24,729 --> 00:34:27,426
And they won't trust me
if I help the police.
669
00:34:27,532 --> 00:34:29,728
You knew
about the uranium.
670
00:34:31,469 --> 00:34:33,494
I wouldn't want to
go in this direction,
671
00:34:33,939 --> 00:34:35,964
but we can charge you
as a co-conspirator.
672
00:34:37,342 --> 00:34:38,832
You threaten me?
673
00:34:39,010 --> 00:34:42,469
These men come into my mosque
and try to recruit my members.
674
00:34:42,581 --> 00:34:45,414
My voice keeps you from
having 100 Ben Faouds!
675
00:34:46,918 --> 00:34:50,149
The only one that matters
is the one we can stop now.
676
00:34:53,959 --> 00:34:57,918
So stand up, do the right
thing, or I'll come after you.
677
00:35:01,132 --> 00:35:03,157
You want me to
give up my life's work.
678
00:35:04,135 --> 00:35:05,660
This mosque will die.
679
00:35:07,472 --> 00:35:09,736
What's a leader
with no one to lead?
680
00:35:11,643 --> 00:35:15,204
Diane Khalaby lost all
her faith because of you.
681
00:35:17,115 --> 00:35:18,605
Is that what you want?
682
00:35:20,418 --> 00:35:22,648
A leak to the press
is not enough.
683
00:35:23,421 --> 00:35:27,654
All Muslims, all Americans, need
to hear you say it publicly.
684
00:35:30,695 --> 00:35:31,992
Which am I first?
685
00:35:33,498 --> 00:35:35,592
A Muslim or an American?
686
00:35:39,571 --> 00:35:42,506
You need to decide
if there's a contradiction.
687
00:35:54,052 --> 00:35:57,989
I was with Mr. Faoud at my mosque
the night of Eric Khalaby's murder.
688
00:35:58,189 --> 00:36:00,055
And how long
was Mr. Faoud there?
689
00:36:00,158 --> 00:36:01,319
Several hours.
690
00:36:01,426 --> 00:36:03,360
Exactly what hours
were they?
691
00:36:05,597 --> 00:36:06,587
From
692
00:36:12,303 --> 00:36:13,793
8:00 until 11:00.
693
00:36:15,407 --> 00:36:16,704
From...
694
00:36:17,108 --> 00:36:20,169
You mean, from 11:00 in the evening
until 4:00 in the morning?
695
00:36:20,779 --> 00:36:22,508
No, he was not there then.
696
00:36:23,248 --> 00:36:25,842
Sir, you signed an affidavit.
I signed out of fear.
697
00:36:28,953 --> 00:36:31,149
Did you discuss your
testimony with Mr. McCoy?
698
00:36:32,357 --> 00:36:33,518
Were you threatened?
699
00:36:33,892 --> 00:36:35,485
I was threatened
by Ben Faoud.
700
00:36:35,560 --> 00:36:38,257
Please answer the question. Did the
District Attorney threaten you?
701
00:36:40,498 --> 00:36:43,627
I was told I could be charged
as a co-conspirator.
702
00:36:44,369 --> 00:36:46,064
He bullied you, didn't he?
703
00:36:47,172 --> 00:36:51,131
Another Muslim-American with a
boot on his neck. Withdrawn.
704
00:36:51,943 --> 00:36:53,741
No further questions.
705
00:36:57,115 --> 00:37:04,021
Imam Ibrahim, tell the jury what
happened that night at your mosque.
706
00:37:05,857 --> 00:37:09,452
It was just after 10:00 p.m.
when Eric came to meet Ben.
707
00:37:09,527 --> 00:37:11,962
They left 10 or
15 minutes later.
708
00:37:12,030 --> 00:37:13,589
Did they have
a conversation?
709
00:37:16,101 --> 00:37:17,899
They were arguing.
I didn't hear everything.
710
00:37:17,969 --> 00:37:20,028
I heard...
Objection, hearsay.
711
00:37:20,105 --> 00:37:21,504
Admission, Your Honor.
712
00:37:21,573 --> 00:37:24,042
Overruled.
The witness may continue.
713
00:37:26,411 --> 00:37:30,541
Eric was arguing with Ben about uranium
to be smuggled into the ports.
714
00:37:31,850 --> 00:37:33,648
Ben said,
"It's a blessing.
715
00:37:33,918 --> 00:37:38,981
"Times Square and Wall Street will be
uninhabitable for the next 50 years."
716
00:37:43,094 --> 00:37:45,028
And we see it
again and again.
717
00:37:45,864 --> 00:37:49,061
How many have to
disappear, be tortured,
718
00:37:49,134 --> 00:37:51,193
held without hearing
charges against them?
719
00:37:51,402 --> 00:37:53,370
How long
before we say stop?
720
00:37:54,139 --> 00:37:56,904
When will we forgive all Muslims
for the actions of the radicals
721
00:37:56,975 --> 00:37:59,103
who flew airplanes into
the World Trade Center?
722
00:38:00,178 --> 00:38:01,373
L'lltellyou.
723
00:38:02,013 --> 00:38:03,879
When we find
someone new to hate.
724
00:38:06,618 --> 00:38:11,180
To be a Muslim in this country
today is to be seen as dangerous.
725
00:38:11,489 --> 00:38:12,752
We're afraid of them.
726
00:38:13,324 --> 00:38:15,656
And what do we do to
people we're afraid of?
727
00:38:16,161 --> 00:38:17,219
In World War ll,
728
00:38:17,295 --> 00:38:20,094
3,000 Americans of Italian
background were arrested.
729
00:38:20,698 --> 00:38:22,723
11,000 of a German descent.
730
00:38:23,301 --> 00:38:27,397
110,000 Japanese-Americans
sent to internment camps.
731
00:38:28,306 --> 00:38:32,174
Dark days. Are we going
to let them happen again?
732
00:38:33,178 --> 00:38:35,476
If you convict Ben Faoud,
that's what you're doing.
733
00:38:36,147 --> 00:38:38,479
You're convicting him because
you're afraid of him.
734
00:38:39,818 --> 00:38:42,378
They painted my client as a
terrorist and a murderer.
735
00:38:42,587 --> 00:38:45,716
What are they really saying?
He's one of them.
736
00:38:46,291 --> 00:38:50,194
They've put terrorism on trial
here and Muslims on trial.
737
00:38:50,528 --> 00:38:54,522
And if you let them get away with that,
if that's how you judge Ben Faoud,
738
00:38:56,201 --> 00:38:57,896
you'll convict
an innocent man.
739
00:39:06,477 --> 00:39:08,309
Who's on trial today?
740
00:39:10,448 --> 00:39:11,745
Not the government.
741
00:39:12,517 --> 00:39:13,814
Not America.
742
00:39:14,285 --> 00:39:15,912
Not Muslims.
743
00:39:16,387 --> 00:39:18,253
The defendant is on trial.
744
00:39:19,357 --> 00:39:22,884
As a country, we have
a history of treating
745
00:39:22,961 --> 00:39:25,896
immigrants and
minorities badly.
746
00:39:26,798 --> 00:39:29,631
"Houses for sale.
No Jews allowed."
747
00:39:30,134 --> 00:39:33,126
"Hiring today.
No Irish need apply."
748
00:39:33,705 --> 00:39:36,572
"Separate drinking
fountains for blacks."
749
00:39:36,641 --> 00:39:37,870
"Get to the back of the bus."
750
00:39:37,942 --> 00:39:39,341
We should be ashamed.
751
00:39:39,410 --> 00:39:40,775
And we should be ashamed
752
00:39:40,845 --> 00:39:45,180
when American-Muslims are treated
differently because of their religion.
753
00:39:45,917 --> 00:39:48,011
No one denies
that it happens.
754
00:39:49,287 --> 00:39:52,416
But that's not what's
happening in this courtroom.
755
00:39:53,124 --> 00:39:56,219
The defendant killed
Eric Khalaby
756
00:39:56,294 --> 00:39:59,821
to save himself from being
arrested for another crime.
757
00:40:00,899 --> 00:40:06,429
But it's the murder of Eric
Khalaby that he's on trial for.
758
00:40:10,108 --> 00:40:13,373
Don't convict Mr.
Faoud as a terrorist.
759
00:40:15,179 --> 00:40:16,738
Convict him
for what he is.
760
00:40:18,082 --> 00:40:19,777
A murderer.
761
00:40:20,618 --> 00:40:22,484
That's the only charge.
762
00:40:24,188 --> 00:40:26,384
And you must
find him guilty.
763
00:40:32,730 --> 00:40:36,826
On the sole count of murder in the
first degree, how does the jury find?
764
00:40:37,335 --> 00:40:39,861
We find the defendant,
Ben Faoud, guilty.
765
00:40:39,938 --> 00:40:41,531
(PEOPLE EXCLAIMING)
766
00:40:41,606 --> 00:40:42,937
(GAVEL POUNDS)
JUDGE: Order!
767
00:40:45,276 --> 00:40:46,402
Order!
768
00:40:46,477 --> 00:40:47,967
(PEOPLE CHATTERING)
769
00:40:53,651 --> 00:40:54,641
Traitor.
770
00:40:54,719 --> 00:40:56,687
(SPEAKING ARABIC)
771
00:40:58,890 --> 00:41:01,723
(SPEAKING ARABIC)
772
00:41:13,037 --> 00:41:15,938
We proved a Muslim was a terrorist
to convict him of murder.
773
00:41:16,007 --> 00:41:19,637
No, we proved he was a man
who committed a murder.
774
00:41:19,711 --> 00:41:21,611
Is that how
the jury saw it?
775
00:41:22,113 --> 00:41:25,083
You thought minorities might
believe in a conspiracy.
776
00:41:25,149 --> 00:41:27,914
They didn't. They
believed in the truth.
777
00:41:27,986 --> 00:41:29,249
(PHONE RINGING)
778
00:41:32,390 --> 00:41:33,516
McCoy.
779
00:41:37,128 --> 00:41:38,118
When?
780
00:41:44,135 --> 00:41:46,467
IMAM: We are
a peaceful community.
781
00:41:49,941 --> 00:41:53,104
Go home and
join me later. Go.
782
00:41:56,414 --> 00:41:57,643
Mr. McCoy.
783
00:41:58,716 --> 00:42:01,777
You asked me to decide
who I was first.
784
00:42:03,955 --> 00:42:06,219
Muslim or an American.
785
00:42:07,258 --> 00:42:09,192
It turns out I'm neither.
786
00:42:11,763 --> 00:42:16,291
Last night, this was thrown
through my bedroom window.
787
00:42:18,102 --> 00:42:20,127
This morning
someone did this.
788
00:42:21,873 --> 00:42:23,204
I'm sorry.
789
00:42:26,944 --> 00:42:29,106
What did Faoud say
to you in the courtroom?
790
00:42:32,050 --> 00:42:33,313
Burn.
791
00:42:34,719 --> 00:42:36,585
What did you say back?
792
00:42:39,557 --> 00:42:41,924
God bless the United
States of America.
793
00:42:41,974 --> 00:42:46,524
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