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NARRATOR:
In the criminal justice system
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00:00:08,008 --> 00:00:11,876
the people are represented by two
separate yet equally important groups,
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00:00:11,945 --> 00:00:13,777
the police
who investigate crime
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00:00:13,847 --> 00:00:16,612
and the district attorneys
who prosecute the offenders.
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00:00:16,683 --> 00:00:18,310
These are their stories.
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00:00:19,486 --> 00:00:21,955
ALL: Happy Birthday, Jenna!
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00:00:22,022 --> 00:00:23,046
MIKE: Nice!
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(ALL WHOOPING)
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00:00:24,558 --> 00:00:25,821
(DANCE MUSIC PLAYING)
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00:00:25,893 --> 00:00:27,725
MIKE: Smile, gorgeous.
You're on camera.
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00:00:27,794 --> 00:00:29,558
Happy sweet 16, Jenna!
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00:00:29,630 --> 00:00:31,359
Love ya.
MIKE: Oh, yeah!
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00:00:31,431 --> 00:00:33,092
Hey...
Yeah!
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00:00:33,166 --> 00:00:34,930
Daddy's pimpin' out
the dough, Jenna,
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00:00:35,002 --> 00:00:36,333
and you're gonna miss
your own party.
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A girl's gotta
look good, Zack.
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00:00:39,306 --> 00:00:40,831
MIKE: Work it out!
Work it out!
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00:00:40,908 --> 00:00:43,377
I love you! Love you!
(EXCLAIMS)
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00:00:43,443 --> 00:00:45,104
Yo, man, you see
that buffet inside?
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00:00:45,178 --> 00:00:46,577
It's like 50 feet of food!
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MIKE: Chow down, bro!
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00:00:48,081 --> 00:00:49,378
(ALL WHOOPING)
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00:00:49,449 --> 00:00:51,178
Jenna's pulling up.
Come on!
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00:00:51,251 --> 00:00:52,616
BOY: Jenna's coming!
Come on! Let's go!
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00:00:54,721 --> 00:00:56,382
(ALL CHATTERING EXCITEDLY)
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00:00:59,126 --> 00:01:01,220
MIKE: Dad exits the limo,
looking sharp...
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00:01:01,929 --> 00:01:03,260
(ALL WHOOPING)
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00:01:03,330 --> 00:01:05,424
Here's daddy's little girl!
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00:01:09,036 --> 00:01:10,333
(ALL SCREAMING)
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GIRL: Oh, my God!
Oh, my God!
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(CHATTERING ON POLICE RADIO)
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Vic's name is Gary Howard, 54.
Bellevue pronounced him DOA.
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ED: Damn. He walked right up on him.
OFFICER: Yeah.
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00:01:23,617 --> 00:01:25,107
You can't see
the suspect's face.
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00:01:26,920 --> 00:01:28,684
What about
hotel surveillance?
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00:01:28,755 --> 00:01:30,223
Cameras only cover
the entrance.
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00:01:30,290 --> 00:01:31,655
The shooting was
just out of range.
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00:01:31,725 --> 00:01:33,386
We're checking
street surveillance now.
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00:01:33,460 --> 00:01:34,825
Can you voucher that
as evidence?
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00:01:34,895 --> 00:01:37,387
And could you get your boys to
do an area search for the gun?
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00:01:37,464 --> 00:01:38,590
Maybe it was tossed.
Right.
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00:01:38,665 --> 00:01:39,757
CASSADY:
So what did he look like?
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00:01:39,833 --> 00:01:43,269
White guy in his 20s, about six foot.
Wore a hoodie.
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00:01:43,337 --> 00:01:44,395
You got a good look
at the guy?
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00:01:44,471 --> 00:01:46,803
Oh, yeah. He ran right by me,
I almost pissed in my shorts.
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00:01:46,873 --> 00:01:48,307
Now, this job's
usually a snooze.
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00:01:48,375 --> 00:01:50,867
Go figure, someone actually
needed security tonight.
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00:01:50,944 --> 00:01:52,708
We weren't hired for Mr. Howard,
if that's what you mean.
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00:01:52,779 --> 00:01:54,269
DJ SpinArt was
gonna be performing.
50
00:01:54,348 --> 00:01:56,214
SpinArt's doing
kids' parties now?
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00:01:56,283 --> 00:01:57,478
Money talks.
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00:01:57,551 --> 00:02:00,020
Detective? CSU's got
something for you.
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00:02:00,587 --> 00:02:02,715
Thanks, man. Wow.
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00:02:02,789 --> 00:02:05,224
My sweet 16, dad wouldn't
even loan me the Buick.
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00:02:05,292 --> 00:02:06,316
He obviously
didn't love you.
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00:02:06,393 --> 00:02:07,952
I told him as much
at the time.
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00:02:08,795 --> 00:02:10,763
This is yourvic, right?
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00:02:12,766 --> 00:02:14,734
Wow. Front page
of the business section.
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00:02:14,801 --> 00:02:16,530
Yeah, I found it stuffed
behind the planter.
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00:02:16,603 --> 00:02:17,866
And I'm bagging some
cigarette butts, too.
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00:02:17,938 --> 00:02:19,428
All right, cool.
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00:02:20,340 --> 00:02:23,310
He would've had a good view of
the limo when it pulled up.
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00:02:23,377 --> 00:02:25,106
So he was staked out
with the paper.
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00:02:25,178 --> 00:02:27,169
The shooter didn't know
who Howard was?
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00:02:27,247 --> 00:02:30,148
Says here he's the C.E.O.
of Presidio Armor.
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00:02:30,217 --> 00:02:31,309
Never heard of it.
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00:02:31,385 --> 00:02:33,285
They make
bulletproof vests?
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00:02:33,620 --> 00:02:35,714
Yeah? How's this gonna
look for business?
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00:03:25,872 --> 00:03:29,069
I heard the gunshots when I
was getting out of the limo.
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00:03:29,576 --> 00:03:32,568
My dad squeezed
my hand really hard.
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00:03:32,646 --> 00:03:34,011
CASSADY: Did you see
the man who did it?
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00:03:35,282 --> 00:03:38,980
No, it happened too fast. I don't
even think my dad saw him.
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00:03:39,052 --> 00:03:41,612
He was looking at me,
you know, when it happened.
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00:03:42,089 --> 00:03:43,648
(SOBBING)
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00:03:45,559 --> 00:03:47,357
Why don't we
finish this later, okay?
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00:03:50,297 --> 00:03:53,733
MIMI: Gary was out of town for
Jenna's birthday last year.
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00:03:56,403 --> 00:04:00,067
He felt like he needed
to make it up to her.
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00:04:00,140 --> 00:04:01,801
I can't believe he's gone.
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00:04:02,109 --> 00:04:03,406
(SNIFFLING)
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00:04:05,312 --> 00:04:07,144
MIMI: Did she tell you
anything?
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00:04:07,214 --> 00:04:08,841
She won't talk to me
about it.
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00:04:08,915 --> 00:04:11,145
She's holding up,
considering.
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00:04:12,018 --> 00:04:14,749
Look, Mrs. Howard,
I know this is difficult,
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00:04:14,821 --> 00:04:17,415
but any information
you can give us...
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00:04:17,491 --> 00:04:19,016
Enemies, threats,
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00:04:19,092 --> 00:04:21,424
anybody that would've had a
motive to hurt your husband...
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00:04:22,229 --> 00:04:23,697
I'm not sure.
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00:04:24,998 --> 00:04:26,591
Uh, no, there was something.
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00:04:28,535 --> 00:04:33,439
He changed drivers this past week.
The new guy carried a gun.
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00:04:34,641 --> 00:04:37,303
Do you know why
he needed the security?
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00:04:37,377 --> 00:04:42,042
No. We never discussed his business.
Bill Whitney might know.
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00:04:42,916 --> 00:04:45,180
He runs Presidio's
day-to-day operations.
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00:04:50,190 --> 00:04:52,682
WHITNEY: There was an incident the day
after the piece ran in The Times.
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00:04:52,759 --> 00:04:54,921
Some protesters
outside our offices.
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00:04:54,995 --> 00:04:58,192
One of them threw a rock at Gary's
Mercedes, smashed the back window.
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00:04:58,265 --> 00:04:59,699
You can imagine
he was upset.
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00:04:59,766 --> 00:05:01,996
God. We're all in shock
he's dead.
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00:05:02,068 --> 00:05:05,470
The Times mentioned that large military
contracts were awarded to Presidio.
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00:05:05,539 --> 00:05:06,973
Is that what all these
protests were about?
100
00:05:07,040 --> 00:05:08,838
We're outfitting the army
with body armor.
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00:05:08,909 --> 00:05:10,468
These left wing
conspiracy nuts think
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00:05:10,544 --> 00:05:13,070
we're kicking back money to the
White House for taking us to war.
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00:05:13,146 --> 00:05:15,342
Any other incidents
you know of?
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00:05:15,415 --> 00:05:18,146
Just the one.
Let me show you something.
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00:05:25,125 --> 00:05:26,854
We're developing
new protection systems
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00:05:26,927 --> 00:05:28,691
for the next generation
of soldier.
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00:05:28,762 --> 00:05:30,856
Our ballistics lab
is state-of-the-art.
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00:05:30,931 --> 00:05:34,094
We can generate computer models,
run impact simulations.
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00:05:34,167 --> 00:05:37,193
Amazing stuff.
Top of the line, right here.
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00:05:37,270 --> 00:05:40,433
Level four ceramic armor,
full Kevlar.
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00:05:40,507 --> 00:05:44,205
Withstands up to six rounds
moving at 2800 feet per second.
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00:05:44,277 --> 00:05:45,836
And this is what our soldiers
are wearing over there?
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00:05:45,912 --> 00:05:49,348
It's the only reason they're coming
home alive. This was Gary's mission.
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00:05:49,850 --> 00:05:50,908
How well
did you know him?
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00:05:50,984 --> 00:05:52,474
We were good friends.
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00:05:52,552 --> 00:05:54,953
Thursday night dinners
were a ritual.
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00:05:55,021 --> 00:05:57,649
Did he ever mention anyone
who had an axe to grind?
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00:05:57,724 --> 00:05:59,089
Business or otherwise?
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00:05:59,159 --> 00:06:01,560
He was a straight shooter.
People respected him.
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00:06:01,628 --> 00:06:04,461
He never would've agreed to an armed
driver if I hadn't insisted on it.
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00:06:04,531 --> 00:06:05,589
That's who he was.
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00:06:05,665 --> 00:06:07,497
This driver,
where'd he come from?
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00:06:07,567 --> 00:06:10,298
Our company has security in-house.
They handled it.
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00:06:11,037 --> 00:06:13,631
I drove Mr. Howard myself
the past week.
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00:06:13,707 --> 00:06:15,675
Other than the window,
there were no other incidents.
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00:06:15,742 --> 00:06:18,336
Why didn't he have an armed
escort at the party last night?
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00:06:18,411 --> 00:06:20,243
The protests had
broken up by then.
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00:06:20,313 --> 00:06:22,714
He said he didn't
need me to cover.
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00:06:23,216 --> 00:06:26,743
Most anti-war activists,
it's just grandstanding.
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00:06:26,820 --> 00:06:30,347
I was in the Bureau for 16 years,
never seen anything like this.
131
00:06:30,423 --> 00:06:32,983
And that's your feeling? That the shooting
was done by one of the protesters?
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00:06:33,059 --> 00:06:37,121
Not the sidewalk variety. But someone
politically motivated, yeah.
133
00:06:37,197 --> 00:06:39,359
You might want to
take a look at this guy.
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00:06:41,401 --> 00:06:42,869
CASSADY: Lloyd Savitsky.
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00:06:43,370 --> 00:06:44,997
Fits our perp's description.
Who is he?
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00:06:45,405 --> 00:06:47,737
Worked for us as
a chemical engineer
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00:06:47,807 --> 00:06:50,242
till he sabotaged
a batch of ceramic armor.
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00:06:50,744 --> 00:06:52,212
Turned it into peanut brittle.
139
00:06:52,512 --> 00:06:55,311
I think he wanted to turn
public opinion against the war.
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00:06:57,250 --> 00:06:58,445
Look,
when I got the phone call
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00:06:58,518 --> 00:07:00,452
that Mr. Howard
had been shot,
142
00:07:00,520 --> 00:07:03,581
Savitsky was definitely
somebody I thought of.
143
00:07:06,860 --> 00:07:09,522
How should I know where he is?
Try his apartment.
144
00:07:09,596 --> 00:07:12,065
Mr. Dolan, you know he got
evicted two months ago.
145
00:07:12,132 --> 00:07:13,930
Let me tell you something.
He was evicted because
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00:07:14,000 --> 00:07:17,800
Presidio's underhanded tactics did
serious harm to the man's reputation.
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00:07:17,871 --> 00:07:19,532
They took away
his livelihood
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00:07:19,606 --> 00:07:22,507
because he expressed an
opinion about an unjust war.
149
00:07:23,009 --> 00:07:26,468
So, now his livelihood is
working lawsuits for a payoff?
150
00:07:27,013 --> 00:07:30,347
Mr. Savitsky's claims against
Presidio are absolutely legitimate.
151
00:07:30,417 --> 00:07:32,749
He's done nothing wrong
and he's being persecuted.
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00:07:33,620 --> 00:07:36,487
Hey, look.
If your boy turns up...
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00:07:36,556 --> 00:07:37,955
Yeah, you'll be
the first to know.
154
00:07:39,926 --> 00:07:41,416
Doin' laundry?
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00:07:43,063 --> 00:07:45,157
No, the meter maids
are out to get me.
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00:07:47,233 --> 00:07:50,225
He's not going near Savitsky now,
not with us looking for him.
157
00:07:50,303 --> 00:07:52,362
Well, even if we wanted to
trace a call back to Savitsky,
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00:07:52,439 --> 00:07:55,374
there's no way we're gonna get a
subpoena to dump a lawyer's phone.
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00:07:55,442 --> 00:07:56,466
Can I get
two regular, please?
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00:07:56,543 --> 00:07:58,773
Even an ambulance chaser
like Dolan?
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00:07:58,845 --> 00:08:00,438
I'm just sayin'.
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00:08:02,449 --> 00:08:04,679
That phone is
right outside his office.
163
00:08:04,751 --> 00:08:06,549
You think
all those quarters?
164
00:08:06,619 --> 00:08:09,111
What? You think
he's that paranoid?
165
00:08:09,856 --> 00:08:14,054
Hey. You ever see a guy with a
pony tail call on that phone?
166
00:08:15,562 --> 00:08:18,827
You mean the nut job who
says his phones are tapped?
167
00:08:33,913 --> 00:08:35,278
(MOUTHING)
168
00:08:36,616 --> 00:08:39,176
Lloyd Savitsky? Open up!
169
00:08:56,603 --> 00:08:58,071
Mr. Savitsky?
170
00:09:00,407 --> 00:09:01,568
(GRUNTING)
171
00:09:01,641 --> 00:09:02,836
(BOTH GRUNTING)
172
00:09:07,881 --> 00:09:09,349
Damn!
Are you all right?
173
00:09:09,416 --> 00:09:10,975
Yeah. Yeah.
I should've yelled for you.
174
00:09:11,084 --> 00:09:13,348
No, it's all right, you got him.
Come on.
175
00:09:13,987 --> 00:09:17,480
Damn, dude, you got your
ass kicked by a girl.
176
00:09:17,557 --> 00:09:18,786
Come on.
177
00:09:20,026 --> 00:09:21,391
VAN BUREN: Number six.
178
00:09:22,062 --> 00:09:25,032
DOLAN: You people had no probable
cause to make an arrest.
179
00:09:25,098 --> 00:09:26,725
Her face tells me otherwise.
180
00:09:26,800 --> 00:09:28,495
I'm talking about
the murder, lieutenant.
181
00:09:29,636 --> 00:09:30,728
I don't see him.
182
00:09:31,638 --> 00:09:32,628
Take your time.
183
00:09:32,705 --> 00:09:33,934
I'm telling you, I got a
good look at the shooter.
184
00:09:34,007 --> 00:09:35,065
He ain't up there.
185
00:09:35,141 --> 00:09:37,974
All right, we're done. Your witness
did not identify my client.
186
00:09:38,044 --> 00:09:39,136
Number six,
you're sure that...
187
00:09:39,212 --> 00:09:40,338
VAN BUREN: Detective.
188
00:09:41,314 --> 00:09:44,181
We're still holding him for
assaulting a police officer.
189
00:09:44,384 --> 00:09:47,183
Okay. Book him. But don't even
think about talking to him.
190
00:09:49,389 --> 00:09:53,553
Don't you ever talk out of turn in
front of a suspect's lawyer again.
191
00:09:53,626 --> 00:09:54,650
It just came out
of my mouth...
192
00:09:54,727 --> 00:09:56,058
Then get a muzzle.
193
00:09:56,863 --> 00:09:58,695
You look like hell,
by the way.
194
00:09:58,932 --> 00:10:00,457
Boss, the way
it went down, it...
195
00:10:00,533 --> 00:10:02,023
Just detail it
in your report right now...
196
00:10:02,102 --> 00:10:03,160
Hey, Loo.
197
00:10:03,236 --> 00:10:05,136
I just got off the phone
with Mimi Howard.
198
00:10:05,205 --> 00:10:07,469
Somebody delivered an unmarked
package to her apartment.
199
00:10:07,540 --> 00:10:08,803
Did you call Operations?
200
00:10:08,875 --> 00:10:10,502
Bomb Squad's en route.
Meet them there.
201
00:10:12,812 --> 00:10:15,713
No explosive residue
on the outside of the box.
202
00:10:15,782 --> 00:10:17,716
Might still be
a rigged-up grenade.
203
00:10:18,451 --> 00:10:19,714
ED: How did it get in here?
204
00:10:20,453 --> 00:10:23,047
Doorman was on break.
He never saw it.
205
00:10:23,123 --> 00:10:25,387
The maid brought it in
off the desk.
206
00:10:38,171 --> 00:10:41,232
CHARLIE: We're safe. You guys
wanna take a look at this?
207
00:10:51,117 --> 00:10:52,744
It's a purple heart.
208
00:10:58,858 --> 00:11:00,519
ED: The medal was wiped clean.
No latent prints.
209
00:11:00,593 --> 00:11:03,290
But there's a name engraved
on the back, Matt Garcia.
210
00:11:03,363 --> 00:11:07,493
Army Reserve Specialist with
the 223rd Transport Battalion.
211
00:11:07,567 --> 00:11:09,433
He was killed
eight months ago in Iraq.
212
00:11:09,502 --> 00:11:12,904
So, is there a connection
between Garcia and our DOA?
213
00:11:12,972 --> 00:11:14,838
Howard's widow
didn't know who Garcia was,
214
00:11:14,908 --> 00:11:16,774
but I don't think we're dealing
with a personal motive.
215
00:11:16,843 --> 00:11:18,675
Well, sending the purple
heart, the killer must be
216
00:11:18,745 --> 00:11:20,645
somehow blaming Howard
for Garcia's death.
217
00:11:21,347 --> 00:11:23,907
And we're sure
this medal's for real?
218
00:11:24,117 --> 00:11:28,076
It is, but not necessarily the one
given to Garcia's next of kin.
219
00:11:28,588 --> 00:11:32,149
I found a dozen websites selling
authentic Purple Hearts,
220
00:11:32,225 --> 00:11:33,852
some offering
free engraving.
221
00:11:33,927 --> 00:11:36,453
And all KIA names
are posted online.
222
00:11:37,230 --> 00:11:40,427
You know, you're starting to bleed again.
You may need a stitch.
223
00:11:40,500 --> 00:11:41,763
I'm fine.
224
00:11:43,036 --> 00:11:44,663
Where's Garcia's next of kin?
225
00:11:44,737 --> 00:11:46,535
His widow's up
in Washington Heights.
226
00:11:47,307 --> 00:11:48,832
See if she's got
the original.
227
00:11:48,908 --> 00:11:50,137
Okay.
228
00:11:54,047 --> 00:11:56,607
Matt's Purple Heart
is at home on the mantle.
229
00:11:56,683 --> 00:11:59,243
I keep it in a case
right next to his picture.
230
00:11:59,319 --> 00:12:01,515
Christopher's got to know
who his father was, you know?
231
00:12:01,588 --> 00:12:04,853
Of course. Mrs. Garcia, did any of
Matt's friends from the service
232
00:12:04,924 --> 00:12:06,688
contact you recently?
233
00:12:06,759 --> 00:12:09,319
A few guys came by
to offer condolences.
234
00:12:09,896 --> 00:12:11,830
Did any of them seem
particularly upset?
235
00:12:12,198 --> 00:12:14,326
Like upset enough
to avenge Matt's death?
236
00:12:16,369 --> 00:12:19,964
They were all upset,
he was well liked.
237
00:12:21,808 --> 00:12:23,242
But no one stood out.
238
00:12:23,443 --> 00:12:24,604
Anybody mention Howard?
239
00:12:24,944 --> 00:12:27,811
No. And I don't even think Matt was
wearing body armor when he died.
240
00:12:28,047 --> 00:12:29,139
How do you know?
241
00:12:29,215 --> 00:12:31,877
Because Matt wrote and
asked me to send him some.
242
00:12:32,819 --> 00:12:35,948
But it cost so much that by the time I'd
saved up, he'd already been killed.
243
00:12:37,957 --> 00:12:39,891
Christopher,
it's time to go.
244
00:12:40,326 --> 00:12:41,555
Just one more
question, ma'am.
245
00:12:41,628 --> 00:12:43,562
Did the Army tell you
how your husband was killed?
246
00:12:44,197 --> 00:12:46,632
I know he was shot
and killed in Tal Afar.
247
00:12:46,699 --> 00:12:50,397
I didn't want to hear details.
Dying someplace like that.
248
00:12:52,739 --> 00:12:56,573
One of his buddies who came by said
to call if I wanted to know more.
249
00:12:57,043 --> 00:12:58,533
Alan Crockett.
250
00:13:00,013 --> 00:13:01,640
He left a number.
251
00:13:02,548 --> 00:13:04,346
I wasn't with Garcia
on that patrol,
252
00:13:04,417 --> 00:13:07,978
but, uh, I heard aAK round ripped
straight through his chest plate.
253
00:13:08,054 --> 00:13:09,818
His wife said he didn't
have any armor.
254
00:13:10,623 --> 00:13:12,557
Well, we went eight weeks
in country without it
255
00:13:12,625 --> 00:13:14,719
before army supply
finally caught up.
256
00:13:14,794 --> 00:13:16,888
At the time, we thought
those vests were a Godsend.
257
00:13:16,963 --> 00:13:18,397
It turns out
they were worthless.
258
00:13:18,831 --> 00:13:22,290
Anybody say anything about making
things right once you got stateside?
259
00:13:22,702 --> 00:13:27,037
When it comes to stateside, all we
talk about is cold beer, hot showers,
260
00:13:27,106 --> 00:13:29,131
and fine young ladies
like yourself.
261
00:13:31,744 --> 00:13:34,941
Yeah.
Except we got a man dead
262
00:13:35,014 --> 00:13:36,778
and a Purple Heart
with Garcia's name on it,
263
00:13:36,849 --> 00:13:38,840
that was delivered
to the victim's apartment.
264
00:13:38,918 --> 00:13:40,283
Now that didn't
come out of the blue.
265
00:13:40,353 --> 00:13:42,117
Yeah. TV said the guy
you're looking for is white
266
00:13:42,188 --> 00:13:44,418
so, uh, it didn't come
from me either.
267
00:13:44,490 --> 00:13:46,151
Yo, Ty, give me another?
268
00:13:46,225 --> 00:13:48,489
Well, do you know who
it came from, Alan?
269
00:13:53,366 --> 00:13:57,064
He's the first guy in our platoon
to get killed, you know?
270
00:13:57,136 --> 00:13:58,968
And we all took it hard.
271
00:13:59,038 --> 00:14:01,097
But no one said,
"Kill this Howard guy."
272
00:14:01,174 --> 00:14:03,404
Did the Army know that the bullet
went through Garcia's vest?
273
00:14:03,476 --> 00:14:07,037
Yeah. It's why they exchanged
our vests out for new ones.
274
00:14:07,313 --> 00:14:09,714
Some group tried to kick up some
stink about Garcia's death,
275
00:14:09,782 --> 00:14:10,874
but nothing came of it.
276
00:14:11,484 --> 00:14:12,542
What's the name
of this group?
277
00:14:13,119 --> 00:14:15,611
American Shield or something.
278
00:14:15,688 --> 00:14:16,883
Yo, Ty!
279
00:14:20,126 --> 00:14:22,595
We're a soldiers'
advocacy group.
280
00:14:22,662 --> 00:14:24,960
We write Congress,
send direct mail.
281
00:14:25,031 --> 00:14:27,796
Any issue
in support of our troops,
282
00:14:27,867 --> 00:14:30,461
like equipment upgrades
or failures.
283
00:14:30,536 --> 00:14:32,971
And you wrote letters on
behalf of Specialist Garcia?
284
00:14:33,039 --> 00:14:35,565
We contacted the army
and the vest manufacturer.
285
00:14:35,641 --> 00:14:38,440
Everybody said they'd look into the
allegations surrounding his death.
286
00:14:38,511 --> 00:14:39,535
Did they?
287
00:14:39,612 --> 00:14:41,410
No, they swept it
under the rug.
288
00:14:42,348 --> 00:14:45,750
Garcia's vest was missing.
No proof, what could we do?
289
00:14:46,052 --> 00:14:48,180
Can't imagine Garcia's
buddies were too pleased.
290
00:14:49,689 --> 00:14:52,021
I received a phone call
about a week ago.
291
00:14:52,091 --> 00:14:55,857
A man claimed he was an Army
investigator looking into the case.
292
00:14:55,928 --> 00:14:58,158
He wanted to know who
I'd written to at Presidio.
293
00:14:58,464 --> 00:14:59,863
And you gave them
Gary Howard's name?
294
00:15:01,534 --> 00:15:02,558
Yes.
295
00:15:03,102 --> 00:15:04,399
Did the guy give
his own name?
296
00:15:04,804 --> 00:15:07,398
Well, I was so surprised they
were taking the case seriously,
297
00:15:07,473 --> 00:15:08,804
I forgot to ask.
298
00:15:09,642 --> 00:15:13,909
Now, in light of
Howard's murder... Here.
299
00:15:15,214 --> 00:15:18,206
This came
a couple of months ago.
300
00:15:19,285 --> 00:15:22,778
Right after we stopped our letter
campaign on Garcia's death.
301
00:15:22,855 --> 00:15:24,152
It's unsigned.
302
00:15:24,223 --> 00:15:25,748
"You let them
kill our friend."
303
00:15:26,292 --> 00:15:28,784
STONEMAN: "This crap armor
is worse than nothing.
304
00:15:28,861 --> 00:15:30,329
"They are getting men killed.
305
00:15:30,396 --> 00:15:33,297
"They must stop sending
Presidio vests now."
306
00:15:34,033 --> 00:15:35,967
Can you tell us
where it came from?
307
00:15:36,035 --> 00:15:37,503
Look at what's embedded
in the paper.
308
00:15:38,171 --> 00:15:40,162
CASSADY: What is that,
some kind of red powder?
309
00:15:40,239 --> 00:15:41,798
Iraqi dust.
310
00:15:41,874 --> 00:15:45,139
They get these storms over there,
the dust gets into everything.
311
00:15:45,211 --> 00:15:47,509
Okay, that puts us
in the ballpark.
312
00:15:47,580 --> 00:15:49,674
Latents pulled
seven prints of value.
313
00:15:49,749 --> 00:15:52,218
The army lD's them all
from the same unit.
314
00:15:52,285 --> 00:15:53,548
The 223rd?
315
00:15:53,619 --> 00:15:54,711
You got it.
316
00:15:54,787 --> 00:15:56,755
Guess who made the list?
317
00:15:59,158 --> 00:16:02,617
It got passed around the barracks for
approval. Lots of hands touched it.
318
00:16:02,695 --> 00:16:04,527
Mine too, I guess.
So what?
319
00:16:04,597 --> 00:16:07,498
We got Kenny Olsen's prints
from that letter, too.
320
00:16:07,567 --> 00:16:08,796
Tell us about Kenny.
321
00:16:09,836 --> 00:16:11,133
He was in our platoon.
322
00:16:11,204 --> 00:16:13,104
Don't be stupid. We checked
your cell phone records.
323
00:16:13,172 --> 00:16:14,503
You called him 10 times.
324
00:16:14,574 --> 00:16:16,406
One of the times was
an hour before the murder,
325
00:16:16,476 --> 00:16:17,637
now, what the hell
were you all talking about?
326
00:16:17,710 --> 00:16:21,203
I've been partying so much since coming
home, I could've made that call.
327
00:16:21,280 --> 00:16:22,304
Don't remember.
328
00:16:22,381 --> 00:16:23,974
CASSADY: We spoke to your
battalion commander.
329
00:16:24,050 --> 00:16:26,178
Ellis was there
when Garcia got shot.
330
00:16:26,252 --> 00:16:28,220
Drove the Humvee that
brought him back to base.
331
00:16:28,287 --> 00:16:31,154
And when you guys first got to
Iraq, Garcia saved Ellis' life.
332
00:16:31,224 --> 00:16:34,660
Yeah,yeah,yeah,yeah. Their
Humvee hit an IED, caught fire.
333
00:16:34,727 --> 00:16:36,855
Garcia pulled Ellis
to safety, so what?
334
00:16:37,230 --> 00:16:40,222
All right, so Ellis watches the guy that
saved his life die because of a bad vest.
335
00:16:40,299 --> 00:16:41,391
Now, how did he take that?
336
00:16:41,601 --> 00:16:43,365
Hard. Like all of us did.
337
00:16:43,436 --> 00:16:45,905
Did he buy a Purple Heart
with Garcia's name on it?
338
00:16:48,841 --> 00:16:50,866
He wore it under his vest.
339
00:16:52,178 --> 00:16:54,738
Said that Garcia's spirit
would protect him.
340
00:16:56,282 --> 00:16:57,841
Did you know
he was gonna kill Howard?
341
00:16:57,917 --> 00:16:59,351
I didn't know nothin'
about nothin'!
342
00:16:59,418 --> 00:17:01,045
ED: All right, man. I'm gonna
say this one more time.
343
00:17:01,120 --> 00:17:04,249
You talked to him an hour
before he shot down Howard
344
00:17:04,323 --> 00:17:06,758
in front of his daughter
at her 16th birthday party.
345
00:17:06,826 --> 00:17:08,055
Now, if you knew
anything about this,
346
00:17:08,127 --> 00:17:09,390
you need to come clean
with us now
347
00:17:09,462 --> 00:17:12,523
because you're about this close
to being charged with conspiracy.
348
00:17:15,501 --> 00:17:16,491
(sums)
349
00:17:17,270 --> 00:17:20,069
You've got all this respect
for your fellow soldiers?
350
00:17:20,139 --> 00:17:22,403
You need to help us
bring him in peacefully.
351
00:17:22,475 --> 00:17:25,240
Otherwise, we're gonna go out there
and hunt him down like a dog.
352
00:17:39,926 --> 00:17:41,724
OFFICER:
Detective, over here.
353
00:17:57,944 --> 00:18:03,075
Kenny? My name's Ed, man. You
mind if we talk for a minute?
354
00:18:04,450 --> 00:18:06,009
It's all good, bro.
355
00:18:10,556 --> 00:18:12,217
Look, man.
356
00:18:12,291 --> 00:18:14,783
Why don't you put that gun
down and tell me what's wrong?
357
00:18:15,895 --> 00:18:17,192
Look, I know you've got
a lot on your mind, man.
358
00:18:17,263 --> 00:18:19,254
You just got back
from Iraq,
359
00:18:19,332 --> 00:18:22,393
and God knows what horrible
things you saw over there.
360
00:18:23,202 --> 00:18:24,294
Look.
361
00:18:25,438 --> 00:18:27,964
We know about Garcia's vest.
362
00:18:29,075 --> 00:18:32,067
We know that Howard might have
had something to do with it.
363
00:18:32,378 --> 00:18:35,541
The only way that the rest of the world's
gonna know about your friend Garcia,
364
00:18:35,615 --> 00:18:39,313
and how he died
is if you tell them.
365
00:18:41,253 --> 00:18:42,345
Okay.
366
00:18:44,190 --> 00:18:48,491
Put the gun down. Tell me about
your friend. Come on. Put it down.
367
00:18:50,796 --> 00:18:52,025
Come on.
368
00:18:58,537 --> 00:19:00,528
There you go.
369
00:19:17,023 --> 00:19:18,252
Oh, God.
370
00:19:23,596 --> 00:19:26,691
"Docket number 071571.
371
00:19:26,766 --> 00:19:28,996
�People v. Kenneth Dale Ellis.
372
00:19:29,068 --> 00:19:30,627
"Charge is murder
in the second degree."
373
00:19:30,703 --> 00:19:32,193
My client pleads
not guilty.
374
00:19:32,271 --> 00:19:33,500
JUDGE: The People on bail?
375
00:19:33,572 --> 00:19:36,439
Remand, Your Honor.
Mr. Ellis is a war veteran
376
00:19:36,509 --> 00:19:39,740
who used his military training
to commit a brazen murder.
377
00:19:39,812 --> 00:19:42,110
If released, he poses an extreme
danger to the community.
378
00:19:42,181 --> 00:19:46,118
It's offensive the People would use my
client's service to his country against him
379
00:19:46,552 --> 00:19:49,180
I want to discuss evidence,
Ms. Schatzberg, not politics.
380
00:19:49,622 --> 00:19:51,351
The gun found in the
possession of the defendant
381
00:19:51,424 --> 00:19:53,950
during his arrest matches the
gun used in the homicide.
382
00:19:54,026 --> 00:19:56,085
He was also identified as the
shooter in a photo array
383
00:19:56,162 --> 00:19:57,493
by several eye witnesses...
384
00:19:57,563 --> 00:19:59,657
Okay, Counselor.
I get the picture.
385
00:19:59,732 --> 00:20:04,431
Mr. Ellis, on behalf of the citizens of
New York, thank you for your service.
386
00:20:04,503 --> 00:20:05,561
You're remanded.
387
00:20:05,638 --> 00:20:06,662
(GAVEL POUNDS)
388
00:20:06,772 --> 00:20:08,570
I can prove my client
was acting under
389
00:20:08,641 --> 00:20:10,234
an extreme
emotional disturbance.
390
00:20:10,309 --> 00:20:13,176
Call it whatever you want, the
facts of the crime say otherwise.
391
00:20:13,245 --> 00:20:16,271
And you wouldn't be here unless you
thought we had a compelling case.
392
00:20:16,348 --> 00:20:20,080
He stalked Gary Howard. The
murder was clearly premeditated.
393
00:20:20,152 --> 00:20:22,382
Weigh that against
the horror of war.
394
00:20:22,455 --> 00:20:24,685
I have multiple experts
who'll testify
395
00:20:24,757 --> 00:20:27,783
that my client's Post Traumatic
Stress Disorder is very real.
396
00:20:27,860 --> 00:20:30,659
My sympathies are with Mr.
Howard's wife and his daughter.
397
00:20:30,730 --> 00:20:33,461
Except your victim
was a greedy profiteer, Jack.
398
00:20:33,866 --> 00:20:34,958
It's irrelevant.
399
00:20:36,268 --> 00:20:40,501
The murder two charge still stands.
20-to-life, we avoid a trial.
400
00:20:40,573 --> 00:20:44,532
Garcia would still be alive if his
vest had stopped that bullet.
401
00:20:44,710 --> 00:20:46,178
Doesn't that matter
to you people?
402
00:20:46,512 --> 00:20:48,344
You gunned down a man
in front of his daughter.
403
00:20:49,014 --> 00:20:51,176
JACK: Keep making
these claims, Mr. Ellis.
404
00:20:51,250 --> 00:20:54,447
True or not, they make a compelling
motive to commit murder.
405
00:20:54,520 --> 00:20:57,979
You people never would've made that son
of a bitch account for what he did.
406
00:20:58,057 --> 00:21:00,651
None of which justifies
what you did.
407
00:21:05,998 --> 00:21:08,433
You ever seen a man
shot to death?
408
00:21:11,871 --> 00:21:13,498
Your best friend?
409
00:21:19,445 --> 00:21:21,140
C.O.! Let me out!
410
00:21:21,213 --> 00:21:22,510
(DOOR BUZZING)
411
00:21:23,382 --> 00:21:26,784
SCHATZBERG: The jury finds it's
emotional disturbance, it's man one.
412
00:21:26,852 --> 00:21:28,843
He does 10 years
in a psychiatric hospital.
413
00:21:28,921 --> 00:21:30,047
We have a strong case.
414
00:21:30,122 --> 00:21:33,217
Have your shrink examine my client.
See if she agrees.
415
00:21:36,228 --> 00:21:39,926
I don't sleep much anymore
'cause I get headaches real bad.
416
00:21:40,733 --> 00:21:42,394
Why did you
attempt suicide?
417
00:21:43,869 --> 00:21:45,337
I don't know.
418
00:21:46,138 --> 00:21:48,436
I feel like
I'm always in pain.
419
00:21:49,675 --> 00:21:52,975
Did you kill anyone in combat
when you were in Iraq?
420
00:21:54,280 --> 00:21:56,806
It was kill
or be killed over there.
421
00:21:58,484 --> 00:22:03,752
We were on patrol and this Iraqi
woman came walking towards us,
422
00:22:03,823 --> 00:22:06,258
and she wouldn't stop
when we told her to.
423
00:22:06,892 --> 00:22:11,227
Our Captain gave us the order
and we lit her up.
424
00:22:11,730 --> 00:22:13,596
You mean you shot her?
425
00:22:15,067 --> 00:22:17,263
Do you think your Captain
made the right decision?
426
00:22:17,336 --> 00:22:19,964
Oh, I'm not gonna
question his call.
427
00:22:20,039 --> 00:22:22,167
You know, if she'd been
a suicide bomber.
428
00:22:26,712 --> 00:22:29,147
You were with Garcia
when he died?
429
00:22:32,518 --> 00:22:35,453
I had to lift him
out of the truck,
430
00:22:35,521 --> 00:22:37,285
so the medics
could work on him.
431
00:22:38,991 --> 00:22:41,119
I saw his skin change color.
432
00:22:42,494 --> 00:22:44,462
There was so much blood.
433
00:22:45,264 --> 00:22:47,631
After seeing that, were you
afraid to die as well?
434
00:22:47,900 --> 00:22:52,360
Nah. I had no one
to come back to here.
435
00:22:54,540 --> 00:22:57,976
Not like Garcia,
with a wife and kid.
436
00:23:01,046 --> 00:23:03,014
How he died, you know...
437
00:23:05,517 --> 00:23:08,111
Well, that wasn't
supposed to happen.
438
00:23:12,324 --> 00:23:15,316
Ellis shows all
the symptoms of PTSD.
439
00:23:15,394 --> 00:23:17,362
His suicide attempt
speaks to his guilt
440
00:23:17,429 --> 00:23:21,423
that he survived when Garcia
and the others didn't.
441
00:23:21,500 --> 00:23:25,494
His combat experience involved
constant traumatic events.
442
00:23:25,571 --> 00:23:28,370
You don't have to leave a limb in
the battlefield to be wounded.
443
00:23:28,440 --> 00:23:31,137
The psychological toll of war
is no less debilitating.
444
00:23:31,210 --> 00:23:34,145
This killing wasn't
some random act, Liz.
445
00:23:34,213 --> 00:23:37,911
Ellis claims that Garcia's
armor failed to protect him.
446
00:23:37,983 --> 00:23:41,078
If that's true, it's a strong
motive to settle a score.
447
00:23:41,186 --> 00:23:44,019
It cuts both ways.
Betrayal of trust
448
00:23:44,089 --> 00:23:45,955
is often at the heart
of this condition.
449
00:23:46,091 --> 00:23:47,525
Betrayed by a faulty vest?
450
00:23:47,593 --> 00:23:51,154
You could look at it that way.
I know he believes it.
451
00:23:52,097 --> 00:23:54,088
Not everyone gets to be
the victim here.
452
00:23:54,833 --> 00:23:57,598
You're off the hook. You don't
have to testify. Thank you.
453
00:23:59,672 --> 00:24:00,662
(sums)
454
00:24:01,573 --> 00:24:04,543
Can we corroborate anything
in Ellie's story?
455
00:24:04,610 --> 00:24:07,978
Well, the official report didn't mention
any problems with Garcia's armor.
456
00:24:08,047 --> 00:24:12,245
But two days after he was killed,
the army recalled 400 vests
457
00:24:12,318 --> 00:24:13,752
that had been
issued to that battalion.
458
00:24:14,320 --> 00:24:15,981
I don't think
the timing's coincidental.
459
00:24:16,055 --> 00:24:17,113
What happened to the vests?
460
00:24:17,323 --> 00:24:18,984
They were sent back
to the company.
461
00:24:21,894 --> 00:24:24,591
The army pulled the production lot
because soldiers were worried.
462
00:24:24,663 --> 00:24:27,598
Someone was spreading rumors
the armor was weak.
463
00:24:27,666 --> 00:24:31,102
We retested the vests on our range,
and every one of them passed.
464
00:24:31,170 --> 00:24:33,696
I'll show you
our ballistics analysis.
465
00:24:33,772 --> 00:24:35,035
So they went back
into circulation?
466
00:24:35,107 --> 00:24:36,165
Of course not.
467
00:24:36,241 --> 00:24:39,108
We were contractually required
to destroy the armor.
468
00:24:39,178 --> 00:24:40,668
Why, if there was
nothing wrong?
469
00:24:43,949 --> 00:24:47,681
We have never once recorded a
fatality due to equipment failure.
470
00:24:48,320 --> 00:24:50,584
And the claim about
Specialist Garcia's vest?
471
00:24:50,656 --> 00:24:54,593
Never once. Not Garcia's
death or anyone else's.
472
00:24:54,660 --> 00:24:56,685
We would not
stand for it.
473
00:24:57,229 --> 00:24:59,061
You see, Ms. Rubirosa,
474
00:25:00,632 --> 00:25:04,034
this is not just
a construction site for us.
475
00:25:05,504 --> 00:25:08,872
Being at Ground Zero means
something to this company.
476
00:25:11,243 --> 00:25:13,041
According to Presidio's
internal reports,
477
00:25:13,112 --> 00:25:15,171
the vests passed
all ballistics tests.
478
00:25:15,247 --> 00:25:16,942
Any outside verification?
479
00:25:17,016 --> 00:25:18,040
None.
480
00:25:18,117 --> 00:25:20,814
The Army signed off on the analysis
without doing one of their own.
481
00:25:21,420 --> 00:25:23,650
And the record of the
vests being destroyed?
482
00:25:23,722 --> 00:25:25,383
Seems to be legit.
483
00:25:26,258 --> 00:25:28,955
So you think Ellis
is making the story up?
484
00:25:29,028 --> 00:25:31,690
You want to ask me what my
take on Whitney is first?
485
00:25:31,764 --> 00:25:33,528
Okay. What's your take
on Whitney?
486
00:25:33,599 --> 00:25:36,091
You'd think he'd bend over backwards
to help us make our case.
487
00:25:36,168 --> 00:25:38,000
He just met me
with a lot of attitude.
488
00:25:38,070 --> 00:25:39,333
Seems nervous.
489
00:25:39,405 --> 00:25:41,066
Hiding something?
490
00:25:41,140 --> 00:25:44,337
I pulled his LUDs. He called
Garcia's widow two days ago.
491
00:25:44,410 --> 00:25:45,707
Feeling guilty?
492
00:25:45,778 --> 00:25:46,904
Or something else.
493
00:25:48,147 --> 00:25:49,546
Talk to him.
494
00:25:53,318 --> 00:25:57,949
Mr. Whitney came by and basicallyjust
offered his condolences.
495
00:25:59,058 --> 00:26:00,822
Did he mention anything
about a lawsuit?
496
00:26:00,893 --> 00:26:03,089
Ask you if
you want to sue?
497
00:26:03,162 --> 00:26:04,721
No, he was just real nice.
498
00:26:05,664 --> 00:26:08,361
Did he seem guilty
about your husband's death?
499
00:26:09,168 --> 00:26:10,567
Just kind of sad.
500
00:26:11,170 --> 00:26:14,105
Look, my break is over.
You need anything else?
501
00:26:15,307 --> 00:26:17,401
Did Whitney
give you money?
502
00:26:20,446 --> 00:26:22,540
I had nothing to do with it.
503
00:26:23,248 --> 00:26:24,977
How much
did he give you?
504
00:26:26,218 --> 00:26:28,050
Please don't make me
give it back.
505
00:26:29,855 --> 00:26:32,085
Only if you're
honest with me.
506
00:26:36,795 --> 00:26:38,524
He gave me $20,000.
507
00:26:39,398 --> 00:26:40,695
Out of the blue?
508
00:26:40,766 --> 00:26:43,235
Mmm-mmm.
I don't buy that.
509
00:26:43,302 --> 00:26:46,761
Alan said he'd arranged it.
That I should just take it.
510
00:26:46,972 --> 00:26:48,235
Alan who?
511
00:26:49,942 --> 00:26:51,205
Crockett.
512
00:26:53,879 --> 00:26:55,870
I wasn't involved
in any extortion.
513
00:26:55,948 --> 00:27:00,010
The 20,000 Whitney gave
Garcia's widow disputes that.
514
00:27:00,085 --> 00:27:02,144
I've never been
in contact with the man.
515
00:27:02,221 --> 00:27:03,882
Alan, we know
you called his office
516
00:27:03,956 --> 00:27:05,651
from a payphone
outside your apartment.
517
00:27:05,724 --> 00:27:06,953
It's a public phone!
518
00:27:07,025 --> 00:27:09,722
You're not a very good liar,
Mr. Crockett.
519
00:27:10,362 --> 00:27:13,992
Let's say I believed you were
trying to do the right thing
520
00:27:14,066 --> 00:27:15,659
by Garcia's wife and son.
521
00:27:16,401 --> 00:27:19,860
Maybe I'd be persuaded to
drop the charges against you.
522
00:27:22,574 --> 00:27:24,201
I want the truth.
523
00:27:28,113 --> 00:27:30,309
The money was
for Garcia's family.
524
00:27:30,382 --> 00:27:32,180
(SNIFFLING) That's all
this ever was about.
525
00:27:32,451 --> 00:27:34,351
Did you know Ellis
was gonna kill Howard?
526
00:27:34,419 --> 00:27:37,081
No. I swear I didn't know
until I saw it on the news.
527
00:27:37,756 --> 00:27:38,951
Why did Ellis say he did it?
528
00:27:39,024 --> 00:27:41,493
Because Howard wouldn't
admit the wrong he'd done.
529
00:27:41,994 --> 00:27:43,484
Meaning the faulty vests?
530
00:27:49,067 --> 00:27:51,729
Howard wouldn't
pay us nothing.
531
00:27:52,871 --> 00:27:55,340
Next thing I know
Ellis kills the guy.
532
00:27:55,974 --> 00:27:58,807
And when he gets caught,
I just...
533
00:28:00,379 --> 00:28:04,373
I just tried to do the right thing
for Garcia's wife and his kid.
534
00:28:05,050 --> 00:28:06,518
So, you threatened
Whitney's life?
535
00:28:06,585 --> 00:28:08,917
No. Whitney paid
because he knew that
536
00:28:08,987 --> 00:28:10,477
we were right
about Garcia's vest.
537
00:28:11,023 --> 00:28:12,081
HOW?
538
00:28:24,002 --> 00:28:27,097
Me and Ellis smuggled
Garcia's vest out of Iraq.
539
00:28:35,514 --> 00:28:37,881
You've got the vest
and an extortion scheme.
540
00:28:37,950 --> 00:28:39,816
There's the motive
for Ellis killing Howard.
541
00:28:39,885 --> 00:28:41,910
It's not that simple
anymore, Arthur.
542
00:28:42,020 --> 00:28:45,388
Forensic analysis shows severe
deficiencies in the armor's integrity.
543
00:28:45,457 --> 00:28:47,516
Any bullet would've penetrated
that ceramic plate.
544
00:28:47,593 --> 00:28:50,392
Which is why Whitney was willing
to pay to get the vest back.
545
00:28:50,462 --> 00:28:53,397
So he had an interest in
protecting Presidio's reputation.
546
00:28:53,465 --> 00:28:56,264
I don't agree with the way he
handled it, but where's the crime?
547
00:28:57,436 --> 00:29:00,929
That is Lloyd Savitsky. He's
a former Presidio employee.
548
00:29:01,006 --> 00:29:04,738
He was fired for allegedly
sabotaging a batch of ceramic armor.
549
00:29:04,810 --> 00:29:05,834
Allegedly?
550
00:29:05,911 --> 00:29:09,541
The incident coincided with the
production date of Garcia's vest.
551
00:29:09,615 --> 00:29:12,243
Well, the sabotage should've set
their production back by weeks.
552
00:29:12,317 --> 00:29:14,581
But the Pentagon said they still
made their quota for that month.
553
00:29:15,020 --> 00:29:16,351
Pretty circumstantial.
554
00:29:16,421 --> 00:29:18,355
Presidio was under
pressure to deliver.
555
00:29:18,423 --> 00:29:21,154
They have 100 million dollars
in defense contracts at stake.
556
00:29:21,226 --> 00:29:23,320
And one bad vest is
gonnajeopardize that?
557
00:29:23,395 --> 00:29:25,159
JACK: How do we know
there was just one?
558
00:29:25,631 --> 00:29:28,123
Whitney knew there were
problems with the armor.
559
00:29:28,533 --> 00:29:31,935
His reckless conduct created
a grave risk of death.
560
00:29:32,004 --> 00:29:33,733
That's depraved
indifference murder.
561
00:29:35,974 --> 00:29:39,535
You're gonna need Ellis to make the case.
You willing to flip him?
562
00:29:39,611 --> 00:29:43,707
If it means holding Whitney responsible
for everything he set in motion.
563
00:29:46,318 --> 00:29:49,219
This guy Whitney is
responsible for those vests?
564
00:29:49,988 --> 00:29:51,353
We believe he is.
565
00:29:51,423 --> 00:29:54,882
Why don't you just come out and
say we have a hell of a defense?
566
00:29:54,960 --> 00:29:58,260
It's nojustification for
the murder of Gary Howard.
567
00:29:59,698 --> 00:30:01,792
Still, in light of
the malfeasance,
568
00:30:01,867 --> 00:30:04,700
we're prepared to offer
Mr. Ellis 15 years.
569
00:30:04,770 --> 00:30:07,831
Fifteen years, and you want him to testify?
I don't think so.
570
00:30:08,940 --> 00:30:11,910
I'm offering you a chance to
tell ajury what happened.
571
00:30:13,078 --> 00:30:14,978
Whitney will have to answer.
572
00:30:15,047 --> 00:30:17,379
Don't act like
you're doing him the favor.
573
00:30:17,449 --> 00:30:19,144
I'll do it.
574
00:30:19,217 --> 00:30:20,412
We have to
discuss this, Kenny.
575
00:30:20,485 --> 00:30:22,112
No, there's nothing
to discuss.
576
00:30:23,055 --> 00:30:27,253
I'll do the 15 so long as
I get to nail that bastard.
577
00:30:30,829 --> 00:30:32,228
(ALL CLAMORING)
578
00:30:39,471 --> 00:30:43,430
Bill Whitney? You're under arrest
for the murder of Matt Garcia.
579
00:30:43,775 --> 00:30:45,607
What are you doing?
I didn't kill anybody.
580
00:30:45,677 --> 00:30:47,145
Smile for your fans.
581
00:30:47,212 --> 00:30:48,543
You have the right
to remain silent.
582
00:30:48,613 --> 00:30:52,311
Anything you say can be used
against you in a court of law...
583
00:30:54,619 --> 00:30:58,817
ELLIS: I had the wheel of the
Humvee, Garcia was my gunner.
584
00:31:00,592 --> 00:31:02,720
We were headed
back to base.
585
00:31:03,895 --> 00:31:06,626
All of a sudden,
he kind of slumped down.
586
00:31:07,532 --> 00:31:10,024
A sniper had shot him
in the chest.
587
00:31:10,535 --> 00:31:14,165
He was pretty much gone by the
time the medics got to him.
588
00:31:16,742 --> 00:31:18,608
Do you recognize this?
589
00:31:19,945 --> 00:31:21,208
Yes, sir.
590
00:31:21,880 --> 00:31:24,611
That's the armored vest Garcia
was wearing when he was hit.
591
00:31:28,053 --> 00:31:30,681
And this is where
Specialist Garcia was shot?
592
00:31:31,256 --> 00:31:32,951
Yes, sir.
That's the bullet hole,
593
00:31:33,024 --> 00:31:35,254
right through the ceramic
plate over the chest.
594
00:31:35,327 --> 00:31:36,658
It just went
right through it.
595
00:31:39,531 --> 00:31:41,966
Can you show us
the ceramic plate?
596
00:32:00,218 --> 00:32:01,811
Nothing further.
597
00:32:06,591 --> 00:32:10,391
You're testifying here today as
part of a plea deal, correct?
598
00:32:11,129 --> 00:32:13,928
Fifteen years for the murder
of Gary Howard?
599
00:32:14,266 --> 00:32:18,328
Yes, sir. But I shot him because I knew
other guys out there had bad armor.
600
00:32:18,403 --> 00:32:20,929
I thought it might wake people
up to what was going on.
601
00:32:21,306 --> 00:32:24,173
So, it had nothing
to do with the $100,000
602
00:32:24,242 --> 00:32:26,472
you attempted to extort
from Mr. Howard?
603
00:32:26,745 --> 00:32:28,873
Or the $20,000 that
you and your partner
604
00:32:28,947 --> 00:32:30,574
managed to extort
from my client?
605
00:32:30,882 --> 00:32:34,841
That money was for Garcia's
wife and kid, not us.
606
00:32:35,454 --> 00:32:37,650
Did you wear
an armored vest
607
00:32:37,722 --> 00:32:40,248
made by Presidio
during your tour in Iraq?
608
00:32:41,092 --> 00:32:42,116
Yes, sir.
609
00:32:42,794 --> 00:32:44,558
Even after Garcia's death?
610
00:32:44,896 --> 00:32:47,263
Yes, sir, but I made sure
my armor was solid.
611
00:32:47,332 --> 00:32:50,962
You and every other soldier
in your platoon, correct?
612
00:32:51,169 --> 00:32:52,330
Yes, sir.
613
00:32:52,404 --> 00:32:56,341
And did anyone ever
find any problems? No.
614
00:32:56,408 --> 00:32:59,139
So you would characterize the
incident with Garcia's vest
615
00:32:59,211 --> 00:33:02,306
as a tragic but
an isolated incident?
616
00:33:02,380 --> 00:33:05,213
That doesn't make it right,
or that it doesn't matter.
617
00:33:05,283 --> 00:33:09,311
An isolated incident.
Yes or no, Mr. Ellis?
618
00:33:18,497 --> 00:33:19,555
Yes.
619
00:33:19,631 --> 00:33:20,689
Nothing further.
620
00:33:24,870 --> 00:33:27,339
HAYES: We were ambushed
on Route Irish by insurgents.
621
00:33:27,405 --> 00:33:30,705
An RPG had hit my truck, and I was
dragging my guy out of the cab,
622
00:33:30,775 --> 00:33:33,176
and pulling him to cover
when I was hit by ground fire.
623
00:33:33,945 --> 00:33:35,140
SOLOMON: Hit where?
624
00:33:35,213 --> 00:33:37,113
Left leg and torso.
Five rounds.
625
00:33:37,949 --> 00:33:40,509
Were you wearing Presidio
body armor at the time?
626
00:33:40,585 --> 00:33:43,611
Yes, sir. That's why I just lost my leg.
The armor did its job.
627
00:33:52,731 --> 00:33:55,098
On the battlefield,
628
00:33:55,166 --> 00:33:58,067
is there such a thing as an
acceptable loss of life?
629
00:33:58,370 --> 00:34:01,032
Whether I choose to accept it or
not, sir, it's a reality of war.
630
00:34:02,841 --> 00:34:04,002
According to the Defense,
631
00:34:04,075 --> 00:34:09,172
Mr. Whitney had to send over
a vest he knew was faulty.
632
00:34:10,415 --> 00:34:13,544
Would you order a soldier
into combat with armor
633
00:34:13,618 --> 00:34:15,347
you knew
would not protect him?
634
00:34:15,921 --> 00:34:20,051
Sometimes in battle, sir, we need to
improvise and make do with what we have.
635
00:34:20,992 --> 00:34:23,893
You're not answering
my question, Sergeant.
636
00:34:27,599 --> 00:34:31,001
If I had to give the order,
sir, I would give it.
637
00:34:31,069 --> 00:34:32,764
But it wouldn't be
an easy decision.
638
00:34:33,038 --> 00:34:34,665
And what if it was you?
639
00:34:35,273 --> 00:34:40,404
Would you have gone on your
mission that day on Route Irish,
640
00:34:42,047 --> 00:34:45,039
wearing a vest you knew
would not protect you?
641
00:34:51,189 --> 00:34:52,816
When our country
went to war,
642
00:34:52,891 --> 00:34:56,088
not all our soldiers were equipped
with life-saving body armor.
643
00:34:56,161 --> 00:34:59,791
Military supply's been playing
catch-up since we invaded Iraq.
644
00:34:59,864 --> 00:35:03,266
So we tripled production
to output 3,000 units a month.
645
00:35:04,002 --> 00:35:06,198
Why push production
so hard?
646
00:35:06,271 --> 00:35:07,830
Because soldiers' lives
are on the line.
647
00:35:07,906 --> 00:35:10,398
The longer we take,
the longer they have to wait.
648
00:35:11,843 --> 00:35:17,441
To date, how many armored vests
have you supplied to the army?
649
00:35:17,515 --> 00:35:18,710
Sixty thousand.
650
00:35:19,584 --> 00:35:24,181
And out of all of those, how
many vests didn't perform?
651
00:35:24,389 --> 00:35:25,857
Just Garcia's,
that I know of.
652
00:35:25,924 --> 00:35:28,916
Which is not to say
his death isn't tragic, it is.
653
00:35:28,994 --> 00:35:31,793
But this is not
a zero sum game.
654
00:35:31,863 --> 00:35:34,958
If we have 90% success,
it means we're doing ourjob.
655
00:35:40,038 --> 00:35:41,528
But you knew
there were problems
656
00:35:41,606 --> 00:35:43,472
with a batch of
ceramic armor.
657
00:35:43,541 --> 00:35:46,203
And you didn't delay
the production lot
658
00:35:46,277 --> 00:35:48,541
to weed out those
faulty vests, correct?
659
00:35:48,913 --> 00:35:51,610
There wasn't time. Only a handful
of the vests were questionable.
660
00:35:51,683 --> 00:35:55,745
So playing Russian roulette with a
soldier's life was an acceptable risk?
661
00:35:56,221 --> 00:35:57,347
If I'd delayed supply,
662
00:35:57,422 --> 00:35:59,720
we might be talking about more
deaths than just Garcia's.
663
00:36:00,492 --> 00:36:01,857
You also didn't
notify the Army
664
00:36:01,926 --> 00:36:04,452
that some armor was
compromised, did you?
665
00:36:04,929 --> 00:36:06,226
Of course, we did.
666
00:36:08,700 --> 00:36:12,227
This is Presidio's third
quarter production report
667
00:36:12,303 --> 00:36:13,930
that you signed off on,
correct?
668
00:36:14,005 --> 00:36:18,067
Yes. it was sent to the GAO and
the Army Chief at the Pentagon.
669
00:36:18,843 --> 00:36:20,811
Please show the court
670
00:36:20,879 --> 00:36:23,974
where the risk of failure
with some armor was mentioned.
671
00:36:24,182 --> 00:36:25,308
Your Honor, please.
672
00:36:39,764 --> 00:36:42,392
It's on page 319, Mr. Whitney.
673
00:36:44,869 --> 00:36:50,103
One page, buried in a report
that's over 400 pages long.
674
00:36:53,211 --> 00:36:55,873
Presidio's contract
with the Pentagon
675
00:36:55,947 --> 00:36:59,281
is worth about
$100,000,000. Correct?
676
00:36:59,884 --> 00:37:04,117
I don't look at Garcia's death as the
cost of doing business, Mr. McCoy.
677
00:37:04,189 --> 00:37:07,523
You didn't notify the Army
because delays in production
678
00:37:07,592 --> 00:37:09,686
would have jeopardized
that contract, correct?
679
00:37:11,029 --> 00:37:14,659
Delays would've meant more troops without
body armor that could save their lives.
680
00:37:14,733 --> 00:37:16,667
That was my concern.
681
00:37:16,868 --> 00:37:18,461
Then why the cover up,
Mr. Whitney?
682
00:37:19,604 --> 00:37:23,768
You suspected an employee of sabotage,
but you didn't press charges.
683
00:37:26,644 --> 00:37:31,639
You paid extortion money in an
attempt to retrieve Garcia's vest,
684
00:37:31,716 --> 00:37:35,050
the one piece of evidence
that proved your malfeasance.
685
00:37:35,120 --> 00:37:38,055
The money I gave Garcia's
wife was a gesture.
686
00:37:38,123 --> 00:37:40,182
I was not trying to buy
the vest back.
687
00:37:40,258 --> 00:37:43,489
Your concern was
with being caught
688
00:37:43,561 --> 00:37:46,053
because you knew
some armor would fail.
689
00:37:46,364 --> 00:37:48,423
A decision had
to be made, Mr. McCoy.
690
00:37:53,905 --> 00:37:57,307
Who said sacrificing Garcia's
life was your decision to make?
691
00:38:10,221 --> 00:38:12,121
Jack, you got a moment?
692
00:38:19,063 --> 00:38:22,158
This is General Don Barrett,
up from Washington.
693
00:38:23,134 --> 00:38:26,126
Here about the Presidio case,
I presume.
694
00:38:26,204 --> 00:38:28,866
It's garnered quite a bit of
attention, you can imagine.
695
00:38:28,940 --> 00:38:30,840
Congress is already making
noise about hearings.
696
00:38:30,909 --> 00:38:33,207
What can I do
for you, General?
697
00:38:33,278 --> 00:38:35,542
We're being asked to plead
the case out, Jack.
698
00:38:36,281 --> 00:38:38,215
We already went down that road.
They said no.
699
00:38:39,284 --> 00:38:41,878
Well, General Barrett's
met with Whitney's attorneys,
700
00:38:41,953 --> 00:38:43,751
and they've agreed
to take five years.
701
00:38:43,822 --> 00:38:45,119
Five years?
702
00:38:45,190 --> 00:38:48,251
Understand. When soldiers
are in harm's way,
703
00:38:48,326 --> 00:38:49,851
morale is a vital interest.
704
00:38:50,128 --> 00:38:52,460
The sooner this
goes away, the better.
705
00:38:52,931 --> 00:38:55,400
We want to minimize
publicity.
706
00:38:55,466 --> 00:38:57,366
Let the story vanish
with the new cycle.
707
00:38:57,435 --> 00:38:59,597
And what's the Pentagon's
spin gonna be?
708
00:38:59,671 --> 00:39:02,197
This isn't about spin,
Mr. McCoy.
709
00:39:02,707 --> 00:39:05,677
This is about the soldiers who are still
out there, fighting for this country.
710
00:39:06,244 --> 00:39:07,973
And they need all the
confidence we can give them.
711
00:39:08,046 --> 00:39:10,174
And I would have thought,
all the protection.
712
00:39:10,248 --> 00:39:14,082
What happened with Specialist Garcia's
vest was an isolated incident.
713
00:39:14,986 --> 00:39:17,478
Rest assured, the situation's
being dealt with,
714
00:39:17,555 --> 00:39:19,284
and the error
won't happen again.
715
00:39:20,024 --> 00:39:23,119
Now, we'd like you
to make this deal.
716
00:39:26,731 --> 00:39:29,598
All this isn't about one vest.
717
00:39:29,667 --> 00:39:31,226
You know about more,
don't you?
718
00:39:32,237 --> 00:39:35,935
More armor failures, more deaths,
that's what this is all about.
719
00:39:36,007 --> 00:39:38,101
What I know
is that Presidio
720
00:39:38,176 --> 00:39:40,440
will not be producing
any more faulty vests.
721
00:39:40,879 --> 00:39:43,940
So you wanna step over the
bodies and not look back?
722
00:39:44,015 --> 00:39:48,009
If it's in the best interest of the
ones still standing, absolutely.
723
00:39:53,424 --> 00:39:57,327
Perhaps you can explain things
more explicitly to Mr. McCoy.
724
00:40:00,031 --> 00:40:02,295
I'll see myself out.
Good day, gentlemen.
725
00:40:08,740 --> 00:40:10,265
I'm not doing it, Arthur.
726
00:40:10,608 --> 00:40:12,042
They're not backing us
in court, Jack.
727
00:40:12,110 --> 00:40:14,306
So what? We don't need
them to make our case.
728
00:40:14,379 --> 00:40:15,710
Well, the Defense does.
729
00:40:15,780 --> 00:40:16,941
And if we don't make the deal,
730
00:40:17,015 --> 00:40:19,040
the General has
made it very clear
731
00:40:19,117 --> 00:40:20,278
that they're gonna
help Whitney.
732
00:40:22,020 --> 00:40:23,954
Now, it's over.
We're doin' it.
733
00:40:26,557 --> 00:40:28,184
And you're okay with that?
734
00:40:29,427 --> 00:40:31,225
I think the General
makes a point.
735
00:40:31,296 --> 00:40:34,197
The point being that truth is
the first casualty in a war?
736
00:40:34,265 --> 00:40:35,323
Come on, Arthur!
737
00:40:35,400 --> 00:40:37,630
There are larger
considerations here.
738
00:40:37,735 --> 00:40:41,000
Namely, the men and women who are
volunteering to risk their lives.
739
00:40:41,072 --> 00:40:43,541
Whitney thought a soldier's
life was expendable,
740
00:40:43,608 --> 00:40:45,042
now we're doing
the same thing?
741
00:40:45,109 --> 00:40:47,305
Five years is real time.
742
00:40:47,378 --> 00:40:48,539
Not for a murder.
743
00:40:48,613 --> 00:40:51,480
Not for all the other deaths
out there like Garcia's.
744
00:40:56,054 --> 00:40:58,250
You take the justice you get.
745
00:41:01,526 --> 00:41:02,516
(SCOFFS)
746
00:41:07,799 --> 00:41:10,928
We're letting justice
get lost in the fog of war.
747
00:41:14,072 --> 00:41:15,062
(DOOR CLOSES)
748
00:41:17,408 --> 00:41:20,241
He allocutes to the charges.
He does five years.
749
00:41:20,578 --> 00:41:22,171
I think
we're in agreement on that.
750
00:41:24,282 --> 00:41:25,545
Mr. Whitney?
751
00:41:26,451 --> 00:41:27,885
Yeah. I'll take the deal.
752
00:41:29,354 --> 00:41:31,220
SOLOMON: You'll have your
office draw up the offer.
753
00:41:31,289 --> 00:41:32,950
We can do
the allocution right away.
754
00:41:36,861 --> 00:41:39,523
How many bad vests did you let
slip through, Mr. Whitney?
755
00:41:40,365 --> 00:41:41,628
That's not relevant, Jack.
756
00:41:41,699 --> 00:41:43,098
It is to me.
757
00:41:43,167 --> 00:41:46,102
I want to know how many soldiers
died because of what you did.
758
00:41:46,604 --> 00:41:48,265
I don't know what
you're talking about.
759
00:41:48,573 --> 00:41:50,667
When did you decide
that men like Garcia
760
00:41:50,742 --> 00:41:54,076
weren't as important
as a contract,
761
00:41:54,145 --> 00:41:57,843
or a quarterly earnings statement,
or your own bank account?
762
00:41:58,282 --> 00:42:00,307
How did you
convince yourself
763
00:42:00,385 --> 00:42:02,752
that the blood wouldn't be
on your hands, Mr. Whitney?
764
00:42:02,920 --> 00:42:04,012
You're wrong.
765
00:42:04,088 --> 00:42:06,113
Keep on telling yourself
766
00:42:06,190 --> 00:42:08,318
it was for the greater good.
767
00:42:09,327 --> 00:42:11,955
Your conscience
isn't clean!
768
00:42:12,030 --> 00:42:15,000
I hope five years is enough
to make you face it.
769
00:42:21,439 --> 00:42:23,999
I know what I did,
Mr. McCoy.
770
00:42:24,842 --> 00:42:26,276
I saved lives.
771
00:42:26,326 --> 00:42:30,876
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