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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:01,430 --> 00:00:03,180 NARRATOR: In the criminal justice system 2 00:00:03,240 --> 00:00:07,120 the people are represented by two separate yet equally important groups, 3 00:00:07,170 --> 00:00:09,020 the police who investigate crime 4 00:00:09,080 --> 00:00:11,850 and the district attorneys who prosecute the offenders. 5 00:00:11,910 --> 00:00:13,390 These are their stories. 6 00:00:15,380 --> 00:00:17,890 Got a bunch of new jacks coming in this afternoon. 7 00:00:17,950 --> 00:00:19,260 Glad it's not my shift. 8 00:00:19,320 --> 00:00:21,130 Amen, nothing I hate worse than... 9 00:00:21,190 --> 00:00:22,530 (MEN SHOUTING) 10 00:00:23,660 --> 00:00:25,500 Everybody, stay where you are! 11 00:00:25,560 --> 00:00:26,830 (ALARM BLARING) 12 00:00:27,660 --> 00:00:28,940 (MEN YELLING) 13 00:00:30,660 --> 00:00:33,470 Against the walls! Everybody line up. 14 00:00:33,530 --> 00:00:34,710 Nobody move! 15 00:00:34,770 --> 00:00:36,480 I got one down here. I need a medic. 16 00:00:36,540 --> 00:00:38,310 OFFICER: We need a medic in the hallway outside. 17 00:00:38,410 --> 00:00:40,180 MAN: (YELLING) The son of a bitch stabbed me. 18 00:00:40,240 --> 00:00:41,650 Who? Who did... Who was it? 19 00:00:41,710 --> 00:00:42,910 Son of a bitch. 20 00:00:43,910 --> 00:00:46,150 Radson. What? Who is it? 21 00:00:46,380 --> 00:00:48,920 Alejo... Dead. 22 00:00:50,620 --> 00:00:53,660 M.E. says one well-placed stab to the heart, 23 00:00:53,720 --> 00:00:56,200 and death would've been instantaneous. 24 00:00:56,260 --> 00:00:57,530 Luck or skill, I wonder. 25 00:00:57,590 --> 00:00:58,800 One or the other. 26 00:00:58,860 --> 00:01:02,100 We found this on the floor. We marked the location. 27 00:01:02,530 --> 00:01:04,070 Any idea who belongs to it? 28 00:01:04,130 --> 00:01:05,130 We're working on that. 29 00:01:05,200 --> 00:01:06,300 ED: Rafael Alejo? 30 00:01:06,370 --> 00:01:07,850 (SCOFFS) If it had to be somebody. 31 00:01:07,900 --> 00:01:09,070 Head of the Latin Lobos. 32 00:01:09,140 --> 00:01:11,740 I thought he was bolted down in Attica till the next ice age. 33 00:01:11,810 --> 00:01:13,720 He killed some guy that touched his weights. 34 00:01:13,770 --> 00:01:15,840 Judge moved the trial down here, and now we got him. 35 00:01:15,910 --> 00:01:17,650 What about the other guy who got stabbed? 36 00:01:17,710 --> 00:01:18,780 Hector Diaz. 37 00:01:18,850 --> 00:01:20,220 Yeah. He a Lobo, too? 38 00:01:20,280 --> 00:01:21,920 File says he joined a couple years ago 39 00:01:21,980 --> 00:01:23,660 but he was movin' up pretty fast. 40 00:01:23,720 --> 00:01:24,820 Maybe too fast. 41 00:01:24,880 --> 00:01:26,230 I don't know. 42 00:01:26,650 --> 00:01:27,860 That's your job to find out, isn't it? 43 00:01:29,420 --> 00:01:30,800 Well, the hours aren't that good, 44 00:01:30,860 --> 00:01:33,170 but you sure meet a lot of interesting people. 45 00:02:26,110 --> 00:02:28,680 BENNETT: Right there, that's Diaz in the white shirt 46 00:02:29,020 --> 00:02:31,830 and here's Alejo not too far behind. 47 00:02:32,090 --> 00:02:33,690 We've watched it four times. 48 00:02:33,750 --> 00:02:36,200 We can't tell from this what started the fight or who did the stabbing. 49 00:02:36,390 --> 00:02:38,200 Well, what about the other camera? 50 00:02:38,320 --> 00:02:40,830 There's a blind spot. The place is full of 'em. 51 00:02:40,890 --> 00:02:43,370 No doubt the inmates know where the blind spots are. 52 00:02:43,430 --> 00:02:45,430 Mmm-hmm. They know everything. 53 00:02:45,900 --> 00:02:47,670 BRISCOE: What's Hector Diaz in for? 54 00:02:47,730 --> 00:02:50,650 Assault on a police officer, a Detective Quinn. 55 00:02:50,870 --> 00:02:52,350 So where'd the shank come from? 56 00:02:55,110 --> 00:02:56,450 We should've found it. 57 00:02:56,510 --> 00:02:58,990 You can't kick us any harder than we're kicking ourselves. 58 00:02:59,050 --> 00:03:01,750 They in contact with each other, Diaz and Alejo? 59 00:03:02,250 --> 00:03:03,250 Don't see how. 60 00:03:03,320 --> 00:03:05,020 Diaz is in general population, 61 00:03:05,090 --> 00:03:07,160 Alejo's locked down in the segregation unit. 62 00:03:07,220 --> 00:03:09,330 Well, how'd they end up in the corridor at the same time? 63 00:03:09,390 --> 00:03:10,530 BENNETT: Move these guys around? 64 00:03:10,590 --> 00:03:11,830 Anything can happen. 65 00:03:11,890 --> 00:03:14,430 A CO's hung up, can't release a gate in time, 66 00:03:14,490 --> 00:03:15,560 you're waiting. 67 00:03:15,630 --> 00:03:17,870 Someone shows up on his way to somewhere else. 68 00:03:17,930 --> 00:03:20,910 You want to control it, but sometimes it gets away from you. 69 00:03:22,370 --> 00:03:25,140 ED: Okay, Diaz, somebody stabs you and you don't see anything? 70 00:03:25,210 --> 00:03:26,210 Yeah. 71 00:03:26,270 --> 00:03:28,310 Alejo come after you or you go after him? 72 00:03:28,370 --> 00:03:29,480 Neither one. 73 00:03:29,540 --> 00:03:30,710 We've got a shank drippin' with blood, 74 00:03:30,780 --> 00:03:32,480 we gonna turn up your prints on it? 75 00:03:32,550 --> 00:03:34,580 You do and you let me know. 76 00:03:34,650 --> 00:03:37,320 Until then, get your black nose out of my ass. 77 00:03:37,380 --> 00:03:38,520 (GRUNTING) 78 00:03:39,250 --> 00:03:42,890 Am I gonna have to conduct a race-relations workshop with you? 79 00:03:42,960 --> 00:03:44,960 Oh, you just got yourself written up. 80 00:03:45,020 --> 00:03:47,100 Might as well make it an advanced workshop. 81 00:03:47,160 --> 00:03:49,200 No more ignorant remarks, Hector. 82 00:03:49,260 --> 00:03:50,330 (BREATHING HEAVILY) 83 00:03:53,930 --> 00:03:56,140 I knew Rafael Alejo when I was in the Gang Unit, 84 00:03:56,200 --> 00:03:57,240 the guy's the worst. 85 00:03:57,300 --> 00:03:58,650 I'm glad we took him down when we did. 86 00:03:58,710 --> 00:03:59,810 What'd you get him for? 87 00:03:59,870 --> 00:04:02,010 He put out a hit on one of his lieutenants, 88 00:04:02,080 --> 00:04:03,380 the shooter took out the target, 89 00:04:03,440 --> 00:04:05,250 the target's wife and the wife's sister. 90 00:04:05,310 --> 00:04:06,520 Isn't that against the rules? 91 00:04:06,580 --> 00:04:08,620 Mmm-hmm, which is why Alejo killed the shooter. 92 00:04:08,680 --> 00:04:09,990 That's the one we got him for. 93 00:04:10,050 --> 00:04:11,590 Although he's racked up a few more since then. 94 00:04:11,650 --> 00:04:13,390 Why are you thinking Hector Diaz killed him? 95 00:04:13,450 --> 00:04:15,130 Mainly their position in the hallway. 96 00:04:15,190 --> 00:04:16,260 What's the motive? 97 00:04:16,320 --> 00:04:19,000 As long as he's alive, Alejo's on top. 98 00:04:19,060 --> 00:04:20,230 In prison or out. 99 00:04:20,290 --> 00:04:22,360 Now, somebody wanted to get rid of him and, uh, 100 00:04:22,430 --> 00:04:24,670 it looks like Diaz got the assignment. (KNOCKING ON DOOR) 101 00:04:24,900 --> 00:04:26,000 Thanks. 102 00:04:26,630 --> 00:04:30,340 The prints on the shank found at the scene are too smudged to ID. 103 00:04:31,200 --> 00:04:33,210 All right. Right now we're guessing. 104 00:04:33,270 --> 00:04:36,740 Check with the Gang Unit, see if you can get something concrete. 105 00:04:38,950 --> 00:04:40,650 We haven't been on the Lobos much since Alejo went away. 106 00:04:40,710 --> 00:04:41,990 He was the big problem. 107 00:04:42,050 --> 00:04:44,590 The others are small-time, not worth the manpower. 108 00:04:44,650 --> 00:04:46,190 Why'd Diaz go after Detective Quinn? 109 00:04:46,250 --> 00:04:47,490 They ran into each other. 110 00:04:47,550 --> 00:04:49,090 Hey, let's go, man. You're late. 111 00:04:49,390 --> 00:04:52,700 Quinn collared him a couple of times. Diaz decided to get even. 112 00:04:52,960 --> 00:04:55,870 Who knows with these guys? Maybe he was on the pipe. 113 00:04:56,060 --> 00:04:58,670 Who took over as jefe when Alejo went upstate? 114 00:04:58,730 --> 00:04:59,770 Nobody. 115 00:05:00,130 --> 00:05:03,270 Without Alejo, these clowns couldn't organize a sock drawer. 116 00:05:03,340 --> 00:05:05,150 Maybe Diaz thought he could take over. 117 00:05:05,210 --> 00:05:06,310 No idea. 118 00:05:06,640 --> 00:05:07,950 Is it worth asking Quinn? 119 00:05:08,010 --> 00:05:11,250 Detective Quinn's on medical leave till who knows when. 120 00:05:11,440 --> 00:05:13,220 It was three weeks ago. How bad did he get hurt? 121 00:05:13,280 --> 00:05:14,450 Bad. 122 00:05:15,010 --> 00:05:18,790 Maybe Diaz is your guy, but you know Alejo, Ed. 123 00:05:19,290 --> 00:05:21,700 He had enough enemies to populate a small country. 124 00:05:21,890 --> 00:05:23,060 Sorry I can't help. 125 00:05:23,120 --> 00:05:24,430 Thanks, Navarro. 126 00:05:24,790 --> 00:05:27,470 So we're gonna have to talk to every inmate in Rikers, 127 00:05:27,530 --> 00:05:29,440 and not one of them's gonna tell us a thing. 128 00:05:29,500 --> 00:05:31,030 Navarro's not being straight with us. 129 00:05:31,100 --> 00:05:32,910 Would Navarro have any reason to lie to you? 130 00:05:32,970 --> 00:05:34,310 To him, information is power. 131 00:05:34,370 --> 00:05:35,970 He likes to keep it in the family. 132 00:05:36,040 --> 00:05:37,640 And you're not family anymore. 133 00:05:38,170 --> 00:05:40,520 I got a friend from the old days I can talk to. 134 00:05:42,540 --> 00:05:44,110 I got a nephew. What's this one need? 135 00:05:44,180 --> 00:05:46,450 He's sellin' hot dogs down at Astor Place. 136 00:05:46,810 --> 00:05:48,520 Cops keep hassling him over nothing. 137 00:05:48,580 --> 00:05:51,060 An expired tax stamp, peddler's permit. 138 00:05:51,380 --> 00:05:53,920 They keep this up, he's gonna be doing burglaries again. 139 00:05:53,990 --> 00:05:56,330 All right. I'll talk to my summons guy down at the ninth. 140 00:05:56,390 --> 00:05:57,600 Is that cool? 141 00:05:57,660 --> 00:05:58,730 Yeah. 142 00:06:01,160 --> 00:06:03,470 Look, all I know about Diaz 143 00:06:03,530 --> 00:06:05,370 is Alejo really liked his style. 144 00:06:05,430 --> 00:06:06,670 He was movin' him up pretty fast. 145 00:06:06,730 --> 00:06:08,940 So Alejo put Diaz in charge when he went away? 146 00:06:09,000 --> 00:06:10,040 No way. 147 00:06:10,100 --> 00:06:12,520 Alejo was running the gang till the day he died. 148 00:06:13,010 --> 00:06:14,350 He busted his butt for about year, 149 00:06:14,410 --> 00:06:16,480 trying to break into the big-time distribution, you know. 150 00:06:16,540 --> 00:06:18,250 Well, how the hell's Alejo gonna run things 151 00:06:18,310 --> 00:06:19,650 when he's on lockdown in Attica? 152 00:06:19,710 --> 00:06:22,750 No unmonitored phone calls or letters, no visitors. 153 00:06:23,420 --> 00:06:24,790 Except from his lawyer. 154 00:06:26,450 --> 00:06:29,160 According to my informant, the drug deal that Alejo was working on 155 00:06:29,220 --> 00:06:30,220 was worth a couple mil, 156 00:06:30,290 --> 00:06:33,360 and that Alejo's lawyer was the point man, arranging everything. 157 00:06:33,430 --> 00:06:35,800 Any indication Diaz moved in on the deal? 158 00:06:35,860 --> 00:06:38,780 Well, the Cl doesn't know, but he did say that Diaz 159 00:06:38,830 --> 00:06:41,180 is ambitious and has whatever it takes. 160 00:06:41,230 --> 00:06:44,840 So we're thinking Diaz knew Alejo was gonna be at Rikers 161 00:06:44,900 --> 00:06:47,040 and got himself arrested so he could kill Alejo 162 00:06:47,110 --> 00:06:48,740 and take over his half of the proceeds. 163 00:06:48,810 --> 00:06:52,380 But he could've gotten himself collared for kicking a detective's shin. 164 00:06:52,450 --> 00:06:53,650 Why'd he bust him up so bad? 165 00:06:53,710 --> 00:06:54,710 Payback. 166 00:06:54,780 --> 00:06:56,390 Drug deal go down yet? Nope. 167 00:06:56,450 --> 00:06:57,950 Your Cl know the time or place? 168 00:06:58,020 --> 00:07:00,120 He said the lawyer was the only one that knew the details. 169 00:07:00,190 --> 00:07:02,530 Yeah, uh, Benson White. 170 00:07:02,590 --> 00:07:04,800 We checked with the State Bar Association, 171 00:07:04,860 --> 00:07:06,560 the guy should've been disbarred by now. 172 00:07:06,630 --> 00:07:09,440 Well, if Diaz killed Alejo for half a share, 173 00:07:09,500 --> 00:07:11,810 Mr. White may be a dead man for the other half. 174 00:07:16,540 --> 00:07:22,490 I don't know any Hector Diaz. My client was Rafael Alejo. He's dead, end of story. 175 00:07:22,540 --> 00:07:25,150 Yeah, except for the 2 million dollar delivery you two set up. 176 00:07:25,210 --> 00:07:27,380 (SCOFFS) If I had 2 million dollars, I'd be on Crete, 177 00:07:27,450 --> 00:07:29,650 playing strip backgammon with Helen of Troy. 178 00:07:29,720 --> 00:07:32,030 Yeah, we'll check in next week, see if you're still alive. 179 00:07:32,090 --> 00:07:33,690 You think you'll remember him when he's stabbing you? 180 00:07:33,750 --> 00:07:36,460 (LAUGHS) Your concern is touching. 181 00:07:36,520 --> 00:07:38,200 I still don't know Hector Diaz. 182 00:07:40,330 --> 00:07:42,100 How reliable's your informant? 183 00:07:42,160 --> 00:07:44,470 He's been wrong, but he's never lied to me. 184 00:07:44,630 --> 00:07:47,340 You think this guy's lying about not knowing Diaz? 185 00:07:47,400 --> 00:07:49,440 I don't know. Would a lawyer lie? 186 00:07:49,500 --> 00:07:50,910 There's a first time for everything. 187 00:07:50,970 --> 00:07:52,540 Let's talk to Diaz again. 188 00:07:52,610 --> 00:07:54,050 Maybe you ought to pick up a little something. 189 00:07:54,110 --> 00:07:56,050 Something to let him know you're sorry about last time. 190 00:07:56,340 --> 00:07:58,250 Don't worry, Lennie, I'll be nice. 191 00:07:58,950 --> 00:08:01,520 "Diaz, Hector." Made bail yesterday. 192 00:08:01,580 --> 00:08:04,590 1400 hours, $150,000. 193 00:08:04,850 --> 00:08:07,130 I guess the price of assaulting a cop's gone up. 194 00:08:07,190 --> 00:08:08,460 Who posted the bond? 195 00:08:08,790 --> 00:08:11,600 Party name of Benson White. 196 00:08:20,000 --> 00:08:21,540 Your Cl's good. 197 00:08:21,600 --> 00:08:23,980 I don't think it was that hard for him to find Diaz. 198 00:08:24,040 --> 00:08:27,510 Apparently he was bragging all over town, he put a detective in the hospital. 199 00:08:31,480 --> 00:08:32,550 ED: Wanna pick him up? 200 00:08:32,610 --> 00:08:33,820 Why not? 201 00:08:42,490 --> 00:08:44,660 He can't be hungry again already. 202 00:08:45,530 --> 00:08:47,130 Security Council meeting? 203 00:08:47,190 --> 00:08:48,640 Let's find out. 204 00:08:51,900 --> 00:08:53,000 Take the back. 205 00:08:57,640 --> 00:09:00,450 You got kielbasa? Polish sausage? 206 00:09:04,480 --> 00:09:05,510 Police! Open up! 207 00:09:06,680 --> 00:09:07,750 What's your hurry? 208 00:09:09,750 --> 00:09:11,350 Uh-uh. Right over here. 209 00:09:13,790 --> 00:09:14,920 Who else is in the back? 210 00:09:14,990 --> 00:09:17,470 You got a warrant? I don't need a warrant. 211 00:09:17,520 --> 00:09:22,030 What I have is exigent circumstances, wouldn't you agree? 212 00:09:23,460 --> 00:09:26,070 All right, stand up. Nice and slow. 213 00:09:26,130 --> 00:09:27,870 Put your hands on top of your head. 214 00:09:29,670 --> 00:09:30,810 Don't move! 215 00:09:37,080 --> 00:09:38,210 (SIGHS) 216 00:09:38,280 --> 00:09:40,550 Detective Green. Detective Quinn. 217 00:09:41,180 --> 00:09:42,320 This is Quinn? 218 00:09:42,950 --> 00:09:44,050 (SIGHING) 219 00:09:45,720 --> 00:09:47,490 Detective Diaz, I presume. 220 00:09:48,690 --> 00:09:50,260 I guess I gotta take the cuffs off. 221 00:09:50,320 --> 00:09:52,330 Don't fall all over yourself apologizing. 222 00:09:52,390 --> 00:09:53,770 Don't worry about it. 223 00:09:56,460 --> 00:10:00,310 These idiots came close to blowing two years worth of undercover work. 224 00:10:00,370 --> 00:10:01,500 These idiots? 225 00:10:01,800 --> 00:10:04,650 What about you not giving us a heads-up 226 00:10:04,700 --> 00:10:07,410 when you knew we were investigating one of your people? 227 00:10:07,470 --> 00:10:09,580 It was too big a risk and you know it. 228 00:10:09,640 --> 00:10:11,490 BRISCOE: Oh, right. It's not like we're cops or anything. 229 00:10:11,540 --> 00:10:13,850 Not like I wasn't in the Gang Unit for two and a half years. 230 00:10:13,910 --> 00:10:15,450 Well, you're not in it now. 231 00:10:15,950 --> 00:10:18,950 I operate on a strict need-to-know basis. 232 00:10:19,020 --> 00:10:20,290 People's lives depend on that. 233 00:10:20,350 --> 00:10:25,390 Don't you dare lecture us on what people's lives depend on. 234 00:10:26,030 --> 00:10:28,800 These detectives did need to know. 235 00:10:29,000 --> 00:10:30,440 You didn't tell them, 236 00:10:30,500 --> 00:10:34,270 and because of that, we wasted days 237 00:10:34,330 --> 00:10:36,210 thinking Diaz was the killer. 238 00:10:36,540 --> 00:10:38,950 I still haven't heard anything that proves he's not. 239 00:10:39,410 --> 00:10:41,040 Diaz didn't kill that puke. 240 00:10:41,110 --> 00:10:43,250 Well, can he tell us who did, or would he rather not say? 241 00:10:43,310 --> 00:10:44,810 He has no idea. 242 00:10:45,650 --> 00:10:48,490 One more day, we'd have been all over that drug delivery. 243 00:10:48,550 --> 00:10:50,490 We'd have shut the Lobos down. 244 00:10:54,350 --> 00:10:55,350 (DOOR BANGING) 245 00:10:56,860 --> 00:10:59,560 Quinn told us that Diaz's job was to find the time 246 00:10:59,630 --> 00:11:01,070 and the place of the drug deal. 247 00:11:01,130 --> 00:11:02,900 The Gang Unit dummied up his arrest, 248 00:11:02,960 --> 00:11:05,200 so he could get close to Alejo in Rikers. 249 00:11:05,300 --> 00:11:06,300 Yeah. 250 00:11:07,170 --> 00:11:09,040 Look, this came from the M.E. 251 00:11:09,340 --> 00:11:12,840 The metal bolt found at the scene doesn't match the wound. 252 00:11:12,910 --> 00:11:14,940 The murder weapon is still out there. 253 00:11:15,040 --> 00:11:16,040 Okay. 254 00:11:20,250 --> 00:11:21,920 How often do you search the place? 255 00:11:21,980 --> 00:11:23,190 Let's put it this way, 256 00:11:23,250 --> 00:11:25,160 it's not an infrequent occurrence. 257 00:11:25,220 --> 00:11:26,560 ED: And you find everything, right? 258 00:11:26,620 --> 00:11:31,330 Everything. Drugs, liquor, cook tops, steam irons. 259 00:11:31,390 --> 00:11:33,390 How the hell do they manage to bring in steam irons? 260 00:11:33,460 --> 00:11:35,060 They manage. Captain? 261 00:11:35,260 --> 00:11:36,740 Twenty-two so far. 262 00:11:36,800 --> 00:11:38,100 BRISCOE: Twenty-two shanks? 263 00:11:38,160 --> 00:11:40,440 In a variety of sizes and styles. 264 00:11:41,030 --> 00:11:43,510 We'll bag 'em and tag 'em and send 'em to the M.E. 265 00:11:47,240 --> 00:11:50,190 ED: The M.E. says that's the murder weapon. Wiped clean, no prints. 266 00:11:50,410 --> 00:11:53,860 Yeah, it was found in the Central Punitive Segregation Unit. 267 00:11:53,910 --> 00:11:55,790 Cell of inmate Daniel M. Kiley. 268 00:11:55,850 --> 00:11:58,730 The only inmate from CPSU 269 00:11:58,780 --> 00:12:00,990 who was in the visit area, was Alejo. 270 00:12:01,050 --> 00:12:04,090 You know, this shank could've been passed around a dozen times 271 00:12:04,160 --> 00:12:05,160 since the murder. 272 00:12:05,220 --> 00:12:06,600 We'd like to talk to Kiley. 273 00:12:06,660 --> 00:12:08,000 Be my guest. 274 00:12:09,630 --> 00:12:10,700 I didn't know the weapon was in there. 275 00:12:10,760 --> 00:12:12,740 Nobody passed it to you to hide? 276 00:12:14,070 --> 00:12:15,240 Your friend deaf? 277 00:12:16,300 --> 00:12:17,940 How long you been in that cell? 278 00:12:18,000 --> 00:12:19,140 Five weeks. 279 00:12:19,540 --> 00:12:23,950 One hour a day in the yard, the occasional shower, otherwise in the cell. 280 00:12:24,840 --> 00:12:26,820 They ever double you up with anybody? 281 00:12:27,380 --> 00:12:28,620 Frequently. 282 00:12:28,680 --> 00:12:32,060 According to the records, September 17, it was Judd Larson. 283 00:12:32,590 --> 00:12:34,900 Yes. What a dear, sweet man. 284 00:12:35,490 --> 00:12:38,490 I think it's been almost a year since he killed anyone. 285 00:12:39,590 --> 00:12:43,300 The day Alejo was killed, did Larson go to the visit room? 286 00:12:43,360 --> 00:12:44,500 Yes, he did. 287 00:12:44,560 --> 00:12:46,440 And no, I don't know who it was to see, 288 00:12:46,500 --> 00:12:47,770 and no, I didn't ask him. 289 00:12:47,870 --> 00:12:50,110 Did you notice anything unusual when he got back? 290 00:12:50,170 --> 00:12:51,410 He was bleeding, 291 00:12:52,170 --> 00:12:54,170 not that that's overly unusual. 292 00:12:54,340 --> 00:12:55,340 Bleeding where? 293 00:12:55,410 --> 00:12:56,410 His arm. 294 00:12:56,980 --> 00:12:58,890 Who escorted him to the visit room? 295 00:13:02,280 --> 00:13:05,090 There wasn't any paperwork because it was a last-minute visit. 296 00:13:05,150 --> 00:13:06,720 Larson's attorney called to set it up. 297 00:13:06,790 --> 00:13:08,130 I did the paperwork later. 298 00:13:08,190 --> 00:13:10,530 This is the list you gave us of the inmates in the hallway, 299 00:13:10,590 --> 00:13:12,160 and there's no Judd Larson on here. 300 00:13:12,220 --> 00:13:14,760 You said you wanted the gang members who were there. 301 00:13:14,830 --> 00:13:17,140 Could Judd Larson have killed Alejo? 302 00:13:17,200 --> 00:13:18,570 I don't see how. I was with him. 303 00:13:18,630 --> 00:13:20,800 His cell-mate said he had a cut on his arm. 304 00:13:20,870 --> 00:13:23,070 The infirmary had no record of it being treated. 305 00:13:23,140 --> 00:13:25,580 I didn't see it, and he didn't tell me about it. 306 00:13:25,640 --> 00:13:28,210 Well, did you search him before you took him back to the Segregation Unit? 307 00:13:28,270 --> 00:13:30,580 In a situation like that, we frisk everybody. 308 00:13:31,580 --> 00:13:33,180 You did frisk him, right, Pete? 309 00:13:33,250 --> 00:13:34,450 I gave him a quick pat down. 310 00:13:34,510 --> 00:13:37,360 I wanted to get him out of there and back to the CPSU. 311 00:13:37,650 --> 00:13:39,790 Thank you, Officer Bennett. That'll be all. 312 00:13:41,490 --> 00:13:43,130 What's Larson's story? 313 00:13:43,190 --> 00:13:45,000 He's doin' natural life at Sing Sing. 314 00:13:45,060 --> 00:13:47,040 Came here to Manhattan for a court appearance. 315 00:13:47,090 --> 00:13:49,540 Any contact between Larson and Alejo before the murder? 316 00:13:49,600 --> 00:13:51,340 Not likely. Alejo was segregated. 317 00:13:51,400 --> 00:13:54,110 Well, how did Larson know that Alejo would be in the visit area? 318 00:13:54,170 --> 00:13:55,650 Inmate grapevine? I don't know. 319 00:13:55,700 --> 00:14:00,210 Well, according to this, Larson called his attorney the day before the murder. 320 00:14:00,570 --> 00:14:04,080 Bennett said the lawyer called at the last minute to request a visit. 321 00:14:04,140 --> 00:14:05,550 Yeah, Larson called her to come out. 322 00:14:05,610 --> 00:14:08,350 She called to make the arrangements. I mean, so what? 323 00:14:08,410 --> 00:14:11,120 So did he really need to see his lawyer, 324 00:14:11,180 --> 00:14:14,320 or was this some scam to get Larson in the same room with Alejo? 325 00:14:16,190 --> 00:14:17,860 You'll have to ask Larson. 326 00:14:18,790 --> 00:14:20,600 Larson's in for killing his wife. 327 00:14:20,690 --> 00:14:22,760 He stabbed her 14 times. 328 00:14:22,830 --> 00:14:26,440 Before that, he did eight years for stabbing some guy outside a bar. 329 00:14:27,100 --> 00:14:28,940 What's his connection with Alejo? 330 00:14:29,000 --> 00:14:30,140 The only thing that we could find 331 00:14:30,200 --> 00:14:32,650 is that they were at Sing Sing together a couple of years ago. 332 00:14:32,710 --> 00:14:34,580 Yeah, we called up there. They're checking the records. 333 00:14:34,640 --> 00:14:37,710 Larson's cell-mate at Rikers said that he had a cut on his arm 334 00:14:37,780 --> 00:14:38,920 when he came back from the visit area. 335 00:14:39,980 --> 00:14:43,520 The metal bolt that was found at the scene had blood on it, yes? 336 00:14:43,580 --> 00:14:46,150 We sent it to the lab to see if the blood type matches Larson's. 337 00:14:46,220 --> 00:14:48,200 Well, you know what to do if it does. 338 00:14:50,820 --> 00:14:51,820 (SIGHS) 339 00:14:56,160 --> 00:14:58,640 Larson and Alejo were here at the same time two years ago, 340 00:14:58,700 --> 00:15:01,110 from April 20 to July 8, 341 00:15:01,170 --> 00:15:03,670 when we transferred Alejo to Attica. 342 00:15:03,740 --> 00:15:05,310 Any incidents between them? 343 00:15:05,740 --> 00:15:08,080 Alejo had incidents with a lot of people. 344 00:15:08,410 --> 00:15:10,410 ED: When was the one between him and Larson? 345 00:15:10,480 --> 00:15:11,550 Uh... 346 00:15:13,350 --> 00:15:15,920 "July 7,1998." 347 00:15:16,320 --> 00:15:20,530 "Inmate Alejo claimed inmate Larson received more than the allotted" 348 00:15:20,590 --> 00:15:22,400 "three waffles at breakfast." 349 00:15:23,990 --> 00:15:26,130 "A fight ensued in the mess hall." 350 00:15:26,190 --> 00:15:30,140 "Inmate Larson slammed inmate Alejo into the wall," 351 00:15:30,200 --> 00:15:32,300 "and informed him that an upward thrust" 352 00:15:32,360 --> 00:15:34,810 "under the third button from the top would puncture the heart" 353 00:15:34,870 --> 00:15:36,810 "and cause immediate death." 354 00:15:36,870 --> 00:15:38,210 Larson made shanks? 355 00:15:38,270 --> 00:15:39,840 We've taken, uh, 356 00:15:41,070 --> 00:15:43,610 31 of them off him over the years. 357 00:15:43,680 --> 00:15:46,210 Take his privileges away, keep locking him, 358 00:15:46,280 --> 00:15:47,850 nothing makes a bit of difference. 359 00:15:47,910 --> 00:15:50,690 He ever threaten Alejo other than that one time? 360 00:15:50,750 --> 00:15:54,130 Never got the chance. The next day Alejo was shipped out. 361 00:15:55,620 --> 00:15:56,620 (DOOR BUZZING) 362 00:15:59,120 --> 00:16:00,400 Judd Larson? 363 00:16:00,460 --> 00:16:02,270 Since you're outside my cell, 364 00:16:02,330 --> 00:16:04,770 I have to assume you know what my name is. 365 00:16:04,830 --> 00:16:07,280 And I have to assume you know why we're here, 366 00:16:07,330 --> 00:16:08,370 so why don't you just stand up 367 00:16:08,430 --> 00:16:10,310 and let's get this over with, huh? 368 00:16:10,370 --> 00:16:12,510 Where am I being transported to? 369 00:16:12,670 --> 00:16:14,050 Rikers. All right? 370 00:16:14,110 --> 00:16:16,610 You're under arrest for the murder of Rafael Alejo. 371 00:16:16,680 --> 00:16:18,780 You like Rikers, right, Larson? 372 00:16:18,840 --> 00:16:20,220 I like it fine. 373 00:16:24,280 --> 00:16:26,520 ARONSON: You can't tie the weapon to Mr. Larson. 374 00:16:27,020 --> 00:16:28,620 Nobody saw anything. 375 00:16:29,090 --> 00:16:31,760 You've got a hallway full of people who could've done it. 376 00:16:31,820 --> 00:16:33,500 You'll never even get an indictment. 377 00:16:33,990 --> 00:16:36,200 You're aware you'll be facing the death penalty? 378 00:16:37,230 --> 00:16:40,110 Will we be done in time for lunch in the mess hall, 379 00:16:40,170 --> 00:16:42,510 or will I be provided with my meal in here? 380 00:16:44,000 --> 00:16:45,040 We'll be done in plenty of time. 381 00:16:46,240 --> 00:16:47,340 You want to save the state 382 00:16:47,410 --> 00:16:48,850 the time and expense of atrial, 383 00:16:48,910 --> 00:16:50,110 I'll see what I can do for you. 384 00:16:50,180 --> 00:16:51,810 It's not my expense. 385 00:16:54,310 --> 00:16:55,660 And I got nothing but time. 386 00:16:57,420 --> 00:17:00,060 Give it up, Mr. McCoy, you have no case. 387 00:17:02,550 --> 00:17:05,660 Let's find out how he knew Alejo would be in the visit room. 388 00:17:06,130 --> 00:17:08,230 An inmate named Soriano seems to have been 389 00:17:08,290 --> 00:17:09,930 the flashpoint for the trouble. 390 00:17:10,000 --> 00:17:11,570 He says a CO shoved him, 391 00:17:11,630 --> 00:17:13,300 knocking him into another inmate, 392 00:17:13,370 --> 00:17:15,370 who took offense and started swinging. 393 00:17:15,430 --> 00:17:16,810 Shoved him deliberately? 394 00:17:16,870 --> 00:17:17,970 So he says. 395 00:17:18,100 --> 00:17:21,240 No reason to lie about that unless he started it himself. 396 00:17:21,310 --> 00:17:24,910 He's 5'4", 120 pounds. Why would he start anything? 397 00:17:25,180 --> 00:17:27,680 The disturbance was staged to cover the crime. 398 00:17:27,750 --> 00:17:29,780 I'd say it's a distinct possibility. 399 00:17:29,850 --> 00:17:30,920 BY Whom? 400 00:17:31,420 --> 00:17:33,330 The CO who escorted Larson into the visit room? 401 00:17:33,920 --> 00:17:34,920 Peter Bennett. 402 00:17:35,720 --> 00:17:37,530 You looked at his personnel file? 403 00:17:38,160 --> 00:17:39,190 Captain Webber wouldn't let me. 404 00:17:39,260 --> 00:17:40,740 He cited confidentiality of employee records. 405 00:17:41,460 --> 00:17:42,530 Get a subpoena. 406 00:17:45,630 --> 00:17:47,440 GRANICK: This is a fishing expedition, Your Honor. 407 00:17:47,500 --> 00:17:51,000 Officer Bennett escorted inmate Larson to the visit room. 408 00:17:51,070 --> 00:17:53,050 There have been allegations he created the disturbance 409 00:17:53,110 --> 00:17:55,140 that allowed Larson to get to Alejo. 410 00:17:55,210 --> 00:17:57,050 Allegations made by whom? 411 00:17:57,110 --> 00:17:58,710 An inmate looking to get even. 412 00:17:58,780 --> 00:18:00,480 I'm duty-bound to investigate 413 00:18:00,550 --> 00:18:02,690 even allegations made by inmates. 414 00:18:03,150 --> 00:18:05,650 At this point, you have nothing that links Officer Bennett 415 00:18:05,720 --> 00:18:06,920 to the crime, is that right? 416 00:18:06,990 --> 00:18:09,060 What I have is purely circumstantial 417 00:18:09,120 --> 00:18:10,730 and a long way from sufficient to make a case. 418 00:18:11,560 --> 00:18:12,800 Then why are we here? 419 00:18:12,860 --> 00:18:16,000 What I'm looking for is the ability to further investigate 420 00:18:16,060 --> 00:18:19,510 what may, or may not, have been Officer Bennett's role. 421 00:18:19,730 --> 00:18:22,440 Well, I see nothing unduly burdensome in that. 422 00:18:22,940 --> 00:18:25,540 The administration at Rikers Island is instructed 423 00:18:25,600 --> 00:18:27,050 to turn over the requested documents 424 00:18:27,110 --> 00:18:29,280 to the District Attorney's office forthwith. 425 00:18:29,610 --> 00:18:31,450 How long will your clients need, Mr. Granick? 426 00:18:31,510 --> 00:18:32,680 Seventy-two hours, minimum. 427 00:18:33,310 --> 00:18:35,190 If Rikers is short of clerks, 428 00:18:35,250 --> 00:18:37,390 I can pull the file and copy it myself, Your Honor. 429 00:18:38,020 --> 00:18:39,760 And we have a solution. 430 00:18:47,790 --> 00:18:48,970 (CLEARING THROAT) 431 00:18:51,100 --> 00:18:53,370 Should I just keep the originals here? 432 00:18:53,430 --> 00:18:54,640 Sure. 433 00:18:59,670 --> 00:19:00,670 Excuse me. 434 00:19:09,080 --> 00:19:11,150 (CLEARING THROAT) Thanks for your help. 435 00:19:11,220 --> 00:19:12,460 Anytime. 436 00:19:18,290 --> 00:19:19,290 JACK: Bennett worked the Segregation Unit 437 00:19:19,360 --> 00:19:21,300 three of the five days preceding the murder. 438 00:19:22,490 --> 00:19:23,940 So he had the opportunity to chat with Larson. 439 00:19:24,700 --> 00:19:28,870 An Officer Philip McNaught was assigned to escort Larson to the visit room. 440 00:19:28,930 --> 00:19:30,070 Bennett replaced him at the last minute. 441 00:19:30,140 --> 00:19:31,810 At Bennett's request. 442 00:19:32,040 --> 00:19:33,180 Does it say why? 443 00:19:33,240 --> 00:19:34,270 No. 444 00:19:35,510 --> 00:19:37,250 I'm getting a lot of nasty calls 445 00:19:37,310 --> 00:19:39,150 from the Department of Corrections. 446 00:19:39,450 --> 00:19:41,930 How sure are we that an officer's involved? 447 00:19:41,980 --> 00:19:45,720 Well, Larson carried a shank from the CPSU 448 00:19:45,780 --> 00:19:47,230 to the visit room and back. 449 00:19:47,290 --> 00:19:50,130 Officer Bennett failed to discover the weapon 450 00:19:50,190 --> 00:19:51,400 either before or after the murder. 451 00:19:51,460 --> 00:19:54,730 Even though searches were mandated by the circumstances. 452 00:19:54,790 --> 00:19:57,540 Bennett also failed to identify Larson to the police 453 00:19:57,600 --> 00:19:59,870 as being one of the inmates at the scene. 454 00:20:00,300 --> 00:20:03,040 It's arguable, although not yet provable, 455 00:20:03,800 --> 00:20:05,540 that Bennett started the disturbance. 456 00:20:05,600 --> 00:20:06,810 What's his motive? 457 00:20:06,870 --> 00:20:08,010 Don't know yet. 458 00:20:08,940 --> 00:20:11,980 We're not getting much cooperation from the Department of Corrections. 459 00:20:12,040 --> 00:20:14,620 No. They've circled the wagons. 460 00:20:15,750 --> 00:20:18,590 Well, the DOC's not running its own little fiefdom over there. 461 00:20:18,650 --> 00:20:21,150 If they won't cooperate, you know, hit 'em with more subpoenas. 462 00:20:23,360 --> 00:20:25,430 Why would Bennett want Alejo dead? 463 00:20:25,490 --> 00:20:27,840 I talked to Alejo's relatives, my Cl, 464 00:20:27,890 --> 00:20:29,070 none of them heard of Bennett. 465 00:20:29,630 --> 00:20:32,110 Bennett had a habit of switching assignments. 466 00:20:32,160 --> 00:20:35,040 Shifts, days off, holiday time. 467 00:20:35,100 --> 00:20:36,140 ED: So does half the squad here. 468 00:20:36,200 --> 00:20:37,610 Take a look at their duty rosters. 469 00:20:38,270 --> 00:20:41,110 Every shift change for the past year 470 00:20:41,470 --> 00:20:43,480 put him with an Officer Donahue. 471 00:20:44,180 --> 00:20:45,250 Angela Donahue? 472 00:20:45,910 --> 00:20:46,950 Yeah. 473 00:20:47,010 --> 00:20:48,920 I saw her name in Alejo's case file. 474 00:20:48,980 --> 00:20:50,720 When she was at Attica, he raped her. 475 00:20:52,650 --> 00:20:55,260 Okay, we're sure Bennett and her were involved, 476 00:20:55,320 --> 00:20:58,060 it's not just a coincidence, him changing his shifts? 477 00:20:58,120 --> 00:20:59,900 Pull Bennett's IUDs and credit-card data. 478 00:20:59,960 --> 00:21:02,440 BRISCOE: We'll need a subpoena. I'll get you a subpoena. 479 00:21:04,100 --> 00:21:05,700 Officer Donahue? Yep. 480 00:21:06,800 --> 00:21:10,040 I'm Abbie Carmichael from the Manhattan District Attorney's office. 481 00:21:11,100 --> 00:21:12,410 What can I do for you? 482 00:21:13,370 --> 00:21:15,320 We have information that you and Peter Bennett 483 00:21:15,370 --> 00:21:17,580 are romantically involved with each other. 484 00:21:18,440 --> 00:21:20,190 That's none of your business. 485 00:21:22,820 --> 00:21:24,920 I'm doing what I have to do, Officer. 486 00:21:25,580 --> 00:21:26,760 Why? 487 00:21:26,890 --> 00:21:29,370 Because Rafael Alejo got killed? No. 488 00:21:30,060 --> 00:21:31,860 All you have to do with this one, 489 00:21:31,920 --> 00:21:34,200 is throw dirt on him and forget he ever lived. 490 00:21:34,260 --> 00:21:37,670 We know you worked at Attica and we know what Alejo did to you. 491 00:21:37,930 --> 00:21:39,470 No stone unturned, right? 492 00:21:39,830 --> 00:21:42,900 He had Alejo killed because of what he did to you. 493 00:21:42,970 --> 00:21:47,510 Look, as far as I know, it was one inmate stabbing another. 494 00:21:47,570 --> 00:21:48,710 Peter had nothing to do with it. 495 00:21:50,510 --> 00:21:53,550 If Peter would plead guilty to a lesser charge, 496 00:21:53,610 --> 00:21:56,920 we'd be open to discussing a considerable reduction in his sentence. 497 00:21:56,980 --> 00:21:58,690 You want me to talk him into it? 498 00:21:59,120 --> 00:22:01,890 As of now, he may be charged with murder for hire. 499 00:22:02,220 --> 00:22:03,960 That carries a possible death sentence, 500 00:22:04,020 --> 00:22:05,800 at a minimum 25-to-life. 501 00:22:06,020 --> 00:22:07,090 Yeah? 502 00:22:07,830 --> 00:22:09,770 Well, shame on you for that. 503 00:22:14,070 --> 00:22:15,440 Alejo's attack on Ms. Donahue was brutal, 504 00:22:15,500 --> 00:22:19,210 and it took her a long time to recover both physically and emotionally. 505 00:22:19,270 --> 00:22:21,250 So Bennett sees himself as the white knight? 506 00:22:21,310 --> 00:22:23,680 Well, Briscoe and Green dug up three incidents 507 00:22:23,740 --> 00:22:27,160 where Bennett decked guys for hitting on Donahue. 508 00:22:27,650 --> 00:22:29,350 Two in a bar, one at a ball game. 509 00:22:29,880 --> 00:22:32,290 So he had Alejo killed to avenge her honor. 510 00:22:32,520 --> 00:22:34,590 Can't say it's never happened before. 511 00:22:34,650 --> 00:22:39,660 And to sell this to a jury, we have Judd Larson, sociopath and murderer. 512 00:22:39,730 --> 00:22:42,400 Who Bennett knew when they were both upstate at Attica. 513 00:22:42,930 --> 00:22:44,740 I believe Bennett set it up, Jack. 514 00:22:45,660 --> 00:22:46,840 Will anyone else? 515 00:22:47,600 --> 00:22:48,770 I don't know. 516 00:22:50,470 --> 00:22:52,920 What does Bennett say? Bennett's not talking. 517 00:22:54,270 --> 00:22:56,380 Let's see what we can get out of Larson. 518 00:22:59,310 --> 00:23:03,020 Mr. Larson can't confirm or deny your suspicions about Officer Bennett. 519 00:23:03,120 --> 00:23:05,820 He doesn't know anything about who killed Rafael Alejo. 520 00:23:05,880 --> 00:23:07,630 We're way past that, Ms. Aronson. 521 00:23:07,690 --> 00:23:08,960 ARONSON: We don't think we're past anything. 522 00:23:09,020 --> 00:23:10,520 We don't think you have a case. 523 00:23:10,590 --> 00:23:12,430 I have a 17-year-old son. 524 00:23:16,430 --> 00:23:18,430 He's incarcerated at Coxsackie. 525 00:23:19,460 --> 00:23:21,000 I'd like him transferred to Hudson. 526 00:23:21,070 --> 00:23:22,200 Can I have a moment with my client please? 527 00:23:22,270 --> 00:23:23,710 If he stays where he is, 528 00:23:23,770 --> 00:23:26,250 the same thing that happened to me'll happen to him. 529 00:23:27,040 --> 00:23:28,640 Arrange for a transfer and I'll testify. 530 00:23:29,470 --> 00:23:30,510 To what? 531 00:23:30,580 --> 00:23:32,080 ARONSON: Wait a second, before he says anything, 532 00:23:32,140 --> 00:23:33,890 take the death penalty off the table. 533 00:23:33,950 --> 00:23:37,330 Since he's already a lifer, that would be one murder free. 534 00:23:37,450 --> 00:23:39,400 Do what I'm asking with my son. 535 00:23:41,650 --> 00:23:44,030 If I can use what you tell me, you have a deal. 536 00:23:45,260 --> 00:23:47,830 Bennett told me they'd go easy on my boy 537 00:23:47,890 --> 00:23:49,700 if I'd fix a problem for him. 538 00:23:50,630 --> 00:23:53,110 What exactly did Mr. Bennett ask you to do? 539 00:23:53,430 --> 00:23:56,170 What I said. Fix Alejo. 540 00:24:01,210 --> 00:24:02,310 JUDGE: Next case. 541 00:24:02,370 --> 00:24:04,850 "Indictment number 20561" 542 00:24:04,910 --> 00:24:07,620 People v. Peter Bennett, murder in the second degree. 543 00:24:17,060 --> 00:24:18,160 Mr. Granick? 544 00:24:18,360 --> 00:24:21,800 Your Honor, it's my understanding that Correction Officer Bennett 545 00:24:21,860 --> 00:24:24,030 was transported to the courthouse. 546 00:24:24,100 --> 00:24:27,340 Beyond that, I have no idea as to his whereabouts. 547 00:24:27,400 --> 00:24:29,780 The defendant is not available at this time, Your Honor. 548 00:24:29,840 --> 00:24:32,910 We'll come back to him. Next case. 549 00:24:32,970 --> 00:24:35,250 No defendants are available, Judge. 550 00:24:36,480 --> 00:24:37,720 Excuse me? 551 00:24:39,240 --> 00:24:41,020 To show solidarity with Bennett, 552 00:24:41,080 --> 00:24:43,860 the officers at Rikers are doing everything by the book. 553 00:24:43,920 --> 00:24:46,730 Which means not handing over prisoners for arraignment 554 00:24:46,790 --> 00:24:49,790 or trial unless all the paperwork is done perfectly. 555 00:24:51,420 --> 00:24:52,800 How many went through? 556 00:24:53,190 --> 00:24:57,400 Well, Berman had 83 cases on his docket. He arraigned 10. 557 00:24:59,360 --> 00:25:00,570 It's a one-day action. 558 00:25:00,630 --> 00:25:02,310 What'll they do if we convict him? 559 00:25:02,370 --> 00:25:04,710 What's the likelihood of that happening? 560 00:25:04,770 --> 00:25:06,770 Let's see, Larson's our star witness. 561 00:25:06,840 --> 00:25:08,250 He murdered three people. 562 00:25:08,310 --> 00:25:10,150 And the victim makes Larson look like Mother Teresa. 563 00:25:11,140 --> 00:25:12,420 Well, what about a plea? 564 00:25:12,480 --> 00:25:13,890 He's not interested. 565 00:25:13,950 --> 00:25:15,550 Why plead when you can walk? 566 00:25:19,820 --> 00:25:22,320 You're romantically involved with the defendant, 567 00:25:22,390 --> 00:25:24,230 is that not right, Officer Donahue? 568 00:25:24,690 --> 00:25:25,760 Yes. 569 00:25:25,820 --> 00:25:28,670 Does this relationship date to when you were both 570 00:25:28,730 --> 00:25:30,570 working at Attica State Prison? 571 00:25:30,630 --> 00:25:31,630 Right. 572 00:25:31,700 --> 00:25:35,230 Which is where you were raped by Rafael Alejo. 573 00:25:36,300 --> 00:25:37,680 Right again. 574 00:25:38,100 --> 00:25:41,050 What was Officer Bennett's reaction to your being raped? 575 00:25:41,110 --> 00:25:42,350 What do you think? 576 00:25:43,070 --> 00:25:45,820 You've been qualified as a hostile witness, Ms. Donahue, 577 00:25:45,880 --> 00:25:48,590 there's no onus on you to prove that you're hostile. 578 00:25:48,850 --> 00:25:50,330 Please answer the question. 579 00:25:52,280 --> 00:25:53,460 He was upset. 580 00:25:54,620 --> 00:25:58,760 Officer Bennett was transferred to another facility, immediately 581 00:25:58,820 --> 00:26:00,570 following the incident, wasn't he? 582 00:26:01,130 --> 00:26:03,870 A few days after what you call the incident, yes. 583 00:26:03,930 --> 00:26:05,410 COs are transferred all the time. 584 00:26:06,230 --> 00:26:09,470 Wasn't the reason it happened in Officer Bennett's case 585 00:26:10,170 --> 00:26:12,150 that the prison authority 586 00:26:12,200 --> 00:26:16,520 was concerned about him taking violent retribution against Rafael Alejo? 587 00:26:16,580 --> 00:26:18,380 You'd have to ask the prison authority. 588 00:26:18,980 --> 00:26:21,360 On March 17 of this year, 589 00:26:22,380 --> 00:26:24,830 did the defendant, in your presence, 590 00:26:24,880 --> 00:26:27,090 in a bar in Pearl River, 591 00:26:27,150 --> 00:26:30,130 attack another man for asking to buy you a drink? 592 00:26:30,590 --> 00:26:32,160 I was propositioned. 593 00:26:32,360 --> 00:26:34,200 The guy was rude and insulting 594 00:26:34,260 --> 00:26:37,570 and Officer Bennett did what most guys I know in that situation would do. 595 00:26:37,630 --> 00:26:40,630 Was that also the case in the stands of a Jets game 596 00:26:40,700 --> 00:26:42,610 and the parking lot of the Short Hills mall, 597 00:26:42,670 --> 00:26:45,150 both of which times the police were called 598 00:26:45,200 --> 00:26:47,380 and Officer Bennett led away in handcuffs? 599 00:26:47,870 --> 00:26:50,350 Officer Bennett felt it necessary to defend me. 600 00:26:50,880 --> 00:26:53,650 In each case, I feel his actions were justified. 601 00:26:53,710 --> 00:26:56,280 Are you in love with Officer Bennett, Officer Donahue? 602 00:26:58,780 --> 00:26:59,820 Yes. 603 00:26:59,890 --> 00:27:02,590 JACK: Is it fair to say that your answers here today 604 00:27:02,650 --> 00:27:05,430 are calculated to prevent him from having to go to prison? 605 00:27:05,490 --> 00:27:07,730 My answers are the truth. 606 00:27:09,030 --> 00:27:10,230 Nothing further. 607 00:27:16,970 --> 00:27:19,010 I know this is difficult, 608 00:27:19,170 --> 00:27:22,780 but I'd like you to describe the circumstances 609 00:27:22,840 --> 00:27:27,790 of your attack and rape at the hands of Rafael Alejo. 610 00:27:28,150 --> 00:27:29,680 Objection, Your Honor. 611 00:27:29,750 --> 00:27:31,690 That the rape occurred is a matter of record. 612 00:27:31,750 --> 00:27:33,700 The details of it are irrelevant 613 00:27:33,750 --> 00:27:35,630 and it can only serve to prejudice the jury 614 00:27:35,690 --> 00:27:36,720 against the murder victim. 615 00:27:36,790 --> 00:27:41,100 Your Honor, the rape was introduced into evidence by Mr. McCoy. 616 00:27:41,660 --> 00:27:42,660 The objection's overruled. 617 00:27:45,260 --> 00:27:46,540 Officer Donahue? 618 00:27:50,340 --> 00:27:52,370 Alejo said he had chest pains. 619 00:27:53,540 --> 00:27:56,210 I took him out of his cell 620 00:27:56,680 --> 00:27:58,480 and escorted him to the infirmary. 621 00:28:00,410 --> 00:28:03,590 We were on a stairwell and he collapsed. 622 00:28:04,980 --> 00:28:07,460 I thought he was having a heart attack, 623 00:28:07,820 --> 00:28:10,800 and I leaned down to check for a pulse. 624 00:28:12,360 --> 00:28:14,000 When I did so, he grabbed me, 625 00:28:14,760 --> 00:28:16,930 he overpowered me and he got my radio away from me. 626 00:28:18,300 --> 00:28:20,440 Would you describe what happened next? 627 00:28:25,670 --> 00:28:28,210 He held me down, 628 00:28:30,440 --> 00:28:31,580 he ripped my pants off, 629 00:28:33,110 --> 00:28:36,390 he took my stick and he raped me with it. 630 00:28:39,020 --> 00:28:40,430 And the whole time, 631 00:28:40,720 --> 00:28:42,760 he had this look on his face like, uh, 632 00:28:44,020 --> 00:28:45,730 like it was a practical joke. 633 00:28:48,090 --> 00:28:49,230 Like it was nothing. 634 00:28:49,590 --> 00:28:50,940 (WHIMPERING) 635 00:28:52,900 --> 00:28:56,140 Would you describe what happened in the aftermath? 636 00:28:56,870 --> 00:28:59,140 I went on disability for six months. 637 00:29:00,670 --> 00:29:02,740 The inmate was sent to solitary. 638 00:29:03,910 --> 00:29:06,690 He was tried and convicted of forcible rape. 639 00:29:07,610 --> 00:29:11,390 They added 30 years to a life sentence with no parole. 640 00:29:11,820 --> 00:29:14,520 Did you ever see the inmate subsequent to his trial? 641 00:29:15,620 --> 00:29:17,930 I saw him when they brought him down to Rikers. 642 00:29:17,990 --> 00:29:21,730 And what, if anything, did he do when he saw you? 643 00:29:22,660 --> 00:29:23,730 He winked. 644 00:29:26,600 --> 00:29:29,440 Did Officer Bennett, at any time, 645 00:29:29,500 --> 00:29:31,980 express a desire to kill the inmate? 646 00:29:32,040 --> 00:29:34,310 I was the one who wanted to kill him. 647 00:29:35,370 --> 00:29:38,150 Officer Bennett wanted me to get counseling, a different job, 648 00:29:38,210 --> 00:29:41,490 he wanted me to do anything to put it behind me. 649 00:29:43,280 --> 00:29:44,890 And at night when he would wake up 650 00:29:44,950 --> 00:29:46,930 and see me sitting there crying, 651 00:29:47,390 --> 00:29:50,160 he would get up and he would sit with me 652 00:29:50,220 --> 00:29:51,290 and he would hold me 653 00:29:52,720 --> 00:29:54,530 till I would fall asleep again. 654 00:29:57,630 --> 00:29:59,230 I have no further questions. 655 00:30:02,930 --> 00:30:05,310 JACK: Did you kill Rafael Alejo? 656 00:30:05,740 --> 00:30:06,740 Yes, I did. 657 00:30:07,040 --> 00:30:08,610 How did you kill him? 658 00:30:08,670 --> 00:30:11,150 I stabbed him in the chest with a shank. 659 00:30:11,210 --> 00:30:13,090 How did you obtain the shank? 660 00:30:13,380 --> 00:30:16,020 Officer Bennett gave it to me the night before, 661 00:30:16,080 --> 00:30:17,560 when he asked me to kill Alejo. 662 00:30:18,420 --> 00:30:21,800 Are you in the habit of killing people because you're asked to? 663 00:30:21,850 --> 00:30:23,130 No, I am not. 664 00:30:23,190 --> 00:30:24,670 Why did you do it this time? 665 00:30:24,720 --> 00:30:26,670 Officer Bennett said he'd have my son 666 00:30:26,730 --> 00:30:29,260 transferred to the correctional facility at Hudson, 667 00:30:29,330 --> 00:30:32,830 which I felt was a safer environment than where he is currently. 668 00:30:32,900 --> 00:30:35,540 Since Alejo was confined to his cell 669 00:30:36,130 --> 00:30:38,270 in a segregated housing unit, 670 00:30:39,700 --> 00:30:42,280 how were you supposed to gain access to him? 671 00:30:42,340 --> 00:30:45,620 Alejo would be in a hallway when he was being transferred to court. 672 00:30:46,240 --> 00:30:50,280 Officer Bennett would take me down the same hallway and create a diversion. 673 00:30:50,350 --> 00:30:51,880 JACK: Is that, in fact, what happened? 674 00:30:51,950 --> 00:30:53,050 Yes, it is. 675 00:30:53,690 --> 00:30:55,360 Had it not been for the defendant, 676 00:30:55,420 --> 00:30:58,770 could you have known that Alejo was present at Rikers? 677 00:30:58,820 --> 00:30:59,860 No. 678 00:31:00,490 --> 00:31:05,530 Had it not been for what the defendant agreed to do on behalf of your son, 679 00:31:05,930 --> 00:31:07,840 would you have killed Mr. Alejo? 680 00:31:07,900 --> 00:31:08,930 No. 681 00:31:10,070 --> 00:31:11,340 Nothing further. 682 00:31:14,010 --> 00:31:16,820 You and Rafael Alejo were imprisoned at Sing Sing 683 00:31:16,880 --> 00:31:18,480 at the same time, were you not? 684 00:31:19,010 --> 00:31:20,080 Yes. 685 00:31:20,150 --> 00:31:22,320 Isn't it a fact that during that time, 686 00:31:22,380 --> 00:31:25,790 you had an altercation with Alejo and threatened his life? 687 00:31:25,850 --> 00:31:26,850 Yes. 688 00:31:26,920 --> 00:31:30,370 And when you got out of solitary, was Alejo still at Sing Sing? 689 00:31:30,420 --> 00:31:31,530 No. 690 00:31:31,590 --> 00:31:34,300 So, Rikers island was your first opportunity 691 00:31:34,360 --> 00:31:36,240 to make good on your threat, wasn't it? 692 00:31:36,800 --> 00:31:40,070 I wasn't looking for an opportunity to make good on my threat. 693 00:31:42,070 --> 00:31:44,770 Why were you incarcerated at Sing Sing, Mr. Larson? 694 00:31:44,840 --> 00:31:46,410 Objection. Irrelevant. 695 00:31:46,470 --> 00:31:48,350 I think the jury is entitled to know 696 00:31:48,410 --> 00:31:50,410 the background of the witness, Your Honor. 697 00:31:50,480 --> 00:31:51,820 I'll allow it. 698 00:31:54,250 --> 00:31:55,720 I killed my wife. 699 00:31:55,780 --> 00:31:56,990 How'd you do that? 700 00:31:57,750 --> 00:31:58,850 I stabbed her. 701 00:31:59,520 --> 00:32:03,930 And on the very same day that you stabbed Mr. Alejo to death, 702 00:32:03,990 --> 00:32:06,300 you also stabbed an undercover police officer 703 00:32:06,420 --> 00:32:09,170 named Hector Diaz, isn't that right? 704 00:32:09,360 --> 00:32:11,700 He got between myself and Alejo. 705 00:32:11,760 --> 00:32:13,270 It was unavoidable. 706 00:32:13,330 --> 00:32:15,870 So it wasn't per Mr. Bennett's request? 707 00:32:16,330 --> 00:32:17,400 No. 708 00:32:17,740 --> 00:32:19,270 You threw in a freebie. 709 00:32:19,340 --> 00:32:21,320 JACK: Objection. JUDGE: Sustained. 710 00:32:21,810 --> 00:32:23,380 I have no further questions. 711 00:32:24,080 --> 00:32:25,450 Redirect, Your Honor. 712 00:32:26,310 --> 00:32:30,590 Did you tell Officer Bennett that you had had a prior altercation 713 00:32:30,650 --> 00:32:31,790 with Rafael Alejo? 714 00:32:31,850 --> 00:32:32,890 He knew. 715 00:32:32,950 --> 00:32:34,450 He said if, for some reason I got caught, 716 00:32:34,520 --> 00:32:36,260 it would look like a beef between inmates. 717 00:32:36,320 --> 00:32:39,270 Did he give you any assurances in the event that occurred? 718 00:32:39,460 --> 00:32:41,900 He said he'd stick me in the arm with a shank, 719 00:32:41,960 --> 00:32:45,000 then plant it on Alejo to make it look like self-defense. 720 00:32:45,430 --> 00:32:46,570 Is that, in fact, what he did? 721 00:32:46,800 --> 00:32:48,070 Yes, it is. 722 00:32:55,710 --> 00:32:58,590 You wouldn't last one shift at Rikers. 723 00:32:59,180 --> 00:33:00,210 No one's saying we would. 724 00:33:00,280 --> 00:33:04,230 Forget a shift. I'd like to see you make it through lunch. 725 00:33:04,550 --> 00:33:06,860 Take one tier of prisoners down to the mess hall 726 00:33:06,920 --> 00:33:09,420 and get them back into their cells without getting stabbed 727 00:33:09,490 --> 00:33:11,430 or having a riot start. 728 00:33:12,020 --> 00:33:15,100 This probably isn't a conversation we should be having here. 729 00:33:17,260 --> 00:33:19,640 And when I hear some prissy son of a bitch 730 00:33:19,700 --> 00:33:23,410 stand in judgment about what we should and should not do, 731 00:33:23,470 --> 00:33:25,640 it makes me want to put him in a cell 732 00:33:25,700 --> 00:33:29,480 with one of my 250-pound CPSU all-stars. 733 00:33:30,110 --> 00:33:34,990 I'd go home, have a hot meal, get a good night's sleep, 734 00:33:36,080 --> 00:33:37,560 and come back in the morning 735 00:33:37,920 --> 00:33:39,450 to watch them mop. 736 00:33:44,060 --> 00:33:45,630 I'll take the next one. 737 00:33:51,630 --> 00:33:54,510 GRANICK: What kind of an officer is Pete Bennett, Captain Webber? 738 00:33:54,700 --> 00:33:56,680 The kind you want to have work for you. 739 00:33:56,730 --> 00:33:58,040 He keeps his cool, 740 00:33:58,370 --> 00:34:01,820 knows how to assert his authority, dead-on dependable. 741 00:34:02,210 --> 00:34:06,250 Have you ever known Officer Bennett to pit one inmate 742 00:34:06,310 --> 00:34:10,350 against one another or use one inmate to take revenge on another? 743 00:34:10,420 --> 00:34:11,690 Objection. Leading. 744 00:34:11,750 --> 00:34:12,850 JUDGE: Sustained. 745 00:34:14,490 --> 00:34:18,990 A commendation was issued to Officer Bennett, on March 4, 1999. 746 00:34:19,060 --> 00:34:21,260 Could you tell the court what that was for? 747 00:34:21,790 --> 00:34:24,870 We had a disturbance in mod four, upper. 748 00:34:25,330 --> 00:34:27,740 And Pete, Officer Bennett, 749 00:34:28,230 --> 00:34:29,970 risked his life to rescue an inmate 750 00:34:30,030 --> 00:34:31,810 who was being attacked by gang members. 751 00:34:32,470 --> 00:34:34,920 Thank you, sir. No further questions. 752 00:34:35,040 --> 00:34:38,680 Captain Webber, you and several other corrections officers 753 00:34:38,740 --> 00:34:42,050 have testified that Mr. Bennett was a dedicated, 754 00:34:42,110 --> 00:34:44,790 conscientious, competent officer. 755 00:34:44,850 --> 00:34:45,850 That's right. 756 00:34:45,920 --> 00:34:49,490 Yet, his personnel file shows 27 complaints against him, 757 00:34:49,550 --> 00:34:51,800 none of which he was ever disciplined for. 758 00:34:51,860 --> 00:34:55,100 Making complaints is what inmates do, Mr. McCoy. 759 00:34:55,730 --> 00:34:58,000 It's their recreation. 760 00:34:58,400 --> 00:35:01,240 And by the way, 27 is nothin'. 761 00:35:02,900 --> 00:35:05,780 On July 7 of this year, was Officer Bennett involved 762 00:35:05,840 --> 00:35:08,220 in an incident with an inmate named Caldwell? 763 00:35:08,270 --> 00:35:10,880 Yeah. He pulled Caldwell off another inmate. 764 00:35:10,940 --> 00:35:13,980 Did Officer Bennett strike Caldwell with his baton? 765 00:35:14,050 --> 00:35:17,050 Whatever he did was not considered excessive. 766 00:35:17,120 --> 00:35:18,590 People's four, Your Honor. 767 00:35:19,520 --> 00:35:23,400 How long was inmate Caldwell in the infirmary following this incident? 768 00:35:24,120 --> 00:35:25,330 Two weeks. 769 00:35:27,230 --> 00:35:28,600 Nothing further. 770 00:35:29,890 --> 00:35:33,100 GRANICK: Officer Bennett, why did you become a corrections officer? 771 00:35:34,400 --> 00:35:37,070 I'd like to say I had some noble purpose in mind. 772 00:35:37,870 --> 00:35:39,010 What it was, 773 00:35:39,640 --> 00:35:41,670 I was just out of the military 774 00:35:41,740 --> 00:35:43,720 and lookin' for a secure job. 775 00:35:43,780 --> 00:35:45,810 And the Department of Corrections was hiring. 776 00:35:45,880 --> 00:35:47,320 That's how you got in. 777 00:35:47,380 --> 00:35:48,650 What made you stay there? 778 00:35:48,710 --> 00:35:50,020 I got to like it. 779 00:35:50,850 --> 00:35:52,660 I got to thinking that, uh, 780 00:35:52,720 --> 00:35:55,790 decent people deserve a barrier between themselves 781 00:35:55,850 --> 00:35:57,330 and the criminals who prey on them. 782 00:35:57,390 --> 00:35:59,460 I liked that I was part of that barrier. 783 00:35:59,520 --> 00:36:00,970 Have you ever struck an inmate? 784 00:36:01,030 --> 00:36:03,030 Yes, sir. When I've been attacked, 785 00:36:03,090 --> 00:36:06,130 or another officer or inmate has been attacked, 786 00:36:06,200 --> 00:36:07,200 I've had to respond. 787 00:36:07,270 --> 00:36:09,250 Sometimes that meant responding with force. 788 00:36:10,640 --> 00:36:13,550 Now, quite a bit has been made 789 00:36:13,910 --> 00:36:19,180 of your reaction to Mr. Alejo's rape of Officer Donahue. 790 00:36:19,410 --> 00:36:21,720 Maybe you could tell us how you felt about that. 791 00:36:25,150 --> 00:36:27,220 It's hard to put into words what I felt. 792 00:36:29,120 --> 00:36:31,000 To see someone you love 793 00:36:32,260 --> 00:36:33,740 have her life changed, 794 00:36:35,130 --> 00:36:37,200 and not because of anything she did, 795 00:36:37,260 --> 00:36:39,300 but because of something that was done to her. 796 00:36:39,900 --> 00:36:43,640 And for no reason other than this guy just felt like doing it. 797 00:36:44,700 --> 00:36:47,410 Have you ever thought of killing Rafael Alejo? 798 00:36:47,470 --> 00:36:48,680 Of course I did. 799 00:36:49,170 --> 00:36:51,550 Anyone close to a rape victim would like nothing better 800 00:36:51,610 --> 00:36:53,250 than to get their hands on the rapist. 801 00:36:53,440 --> 00:36:56,720 Well, you were working at Attica while he was still a prisoner there, 802 00:36:56,780 --> 00:36:58,190 why didn't you kill him there? 803 00:36:58,250 --> 00:37:01,720 I wouldn't have wanted to jeopardize my job, my pension. 804 00:37:02,520 --> 00:37:03,790 I didn't want to go to jail. 805 00:37:03,860 --> 00:37:06,300 And even if I could've gotten away with it, I wouldn't have. 806 00:37:06,360 --> 00:37:08,030 I've been around a lot of killers. 807 00:37:08,090 --> 00:37:10,330 It's just not something I could ever bring myself to do. 808 00:37:10,730 --> 00:37:13,800 Did you ask Judd Larson to kill Rafael Alejo? 809 00:37:13,870 --> 00:37:14,900 I did not. 810 00:37:14,970 --> 00:37:16,640 Did you give him a weapon? I did not. 811 00:37:16,700 --> 00:37:18,150 Did you create a diversion, 812 00:37:18,200 --> 00:37:20,810 so that he'd have an opportunity to kill Rafael Alejo? 813 00:37:20,870 --> 00:37:22,040 I did not. 814 00:37:22,110 --> 00:37:23,850 Thank you, Officer Bennett. 815 00:37:30,150 --> 00:37:34,600 Did you have any conversation with Judd Larson while he was at Rikers? 816 00:37:34,650 --> 00:37:36,290 BENNETT: We talked about the Mets. 817 00:37:36,790 --> 00:37:39,500 He complained about having to share a cell, that was about it. 818 00:37:39,560 --> 00:37:42,630 Larson didn't tell you about his concern for his son? 819 00:37:42,960 --> 00:37:43,960 No. 820 00:37:44,030 --> 00:37:46,340 The name Rafael Alejo never came up? 821 00:37:46,400 --> 00:37:47,400 Did not. 822 00:37:47,470 --> 00:37:51,640 You did escort Mr. Larson from the segregation unit 823 00:37:51,700 --> 00:37:53,200 to the visit room, did you not? 824 00:37:53,270 --> 00:37:54,270 Yes, I did. 825 00:37:54,340 --> 00:37:58,010 No doubt you searched him before you left the segregation unit. 826 00:37:58,280 --> 00:37:59,280 I did. 827 00:37:59,340 --> 00:38:02,350 And obviously you did not recover any weapon. 828 00:38:02,410 --> 00:38:03,590 Right. 829 00:38:04,850 --> 00:38:06,520 How do you imagine 830 00:38:07,150 --> 00:38:09,460 Larson managed to have a weapon on him 831 00:38:09,520 --> 00:38:11,590 by the time he ran into Alejo? 832 00:38:11,960 --> 00:38:13,940 My guess is someone passed it to him. 833 00:38:13,990 --> 00:38:16,030 You didn't see someone pass it to him? 834 00:38:16,090 --> 00:38:17,970 If I did, I would've done something about it. 835 00:38:18,030 --> 00:38:22,210 Nor did you recover any weapon from him after the fact. 836 00:38:22,270 --> 00:38:24,140 As I told my supervisor, 837 00:38:24,200 --> 00:38:25,910 I patted Mr. Larson down. 838 00:38:25,970 --> 00:38:27,540 I did not strip search him. 839 00:38:27,870 --> 00:38:29,650 At the time, I thought it was more important 840 00:38:29,710 --> 00:38:32,420 to get him out of the area and locked down in his cell. 841 00:38:32,680 --> 00:38:34,450 So, Mr. Larson was lying. 842 00:38:34,510 --> 00:38:36,790 Yeah. Yeah, he is. 843 00:38:36,850 --> 00:38:40,590 And the testimony that we heard about you creating a diversion 844 00:38:40,650 --> 00:38:43,630 that allowed Larson to get to Alejo, that was a lie. 845 00:38:43,690 --> 00:38:44,690 Yes, it was. 846 00:38:44,760 --> 00:38:49,070 You requested to escort Larson, did you not, Officer Bennett? 847 00:38:49,130 --> 00:38:50,870 I wouldn't call it a request. 848 00:38:51,760 --> 00:38:55,400 Officer McNaught was busy with something and I offered to take care of it. 849 00:38:55,470 --> 00:38:57,950 That kind of thing happens a dozen times a day. 850 00:38:58,000 --> 00:38:59,710 You still seeing Officer Donahue? 851 00:39:00,270 --> 00:39:01,510 Yes, I am. 852 00:39:01,570 --> 00:39:03,050 Any plans for the future? 853 00:39:03,110 --> 00:39:04,310 Objection. Irrelevant. 854 00:39:04,380 --> 00:39:05,580 JUDGE: I'll allow it. 855 00:39:06,310 --> 00:39:09,260 As soon as our divorces are final, we plan to get married. 856 00:39:10,380 --> 00:39:12,660 Would you say that her being raped 857 00:39:12,720 --> 00:39:15,250 has taken atoll on your relationship? 858 00:39:15,320 --> 00:39:17,420 Officer Donahue was dealing with it. 859 00:39:17,490 --> 00:39:19,800 I'd like to think that I was helping her to deal with it. 860 00:39:19,860 --> 00:39:22,700 This is the rest of your lives we're talking about. 861 00:39:23,260 --> 00:39:26,610 You and Officer Donahue retire, 862 00:39:26,660 --> 00:39:30,130 you put the stink of prisons behind you, 863 00:39:30,500 --> 00:39:34,140 didn't you want to put Rafael Alejo behind you as well? 864 00:39:34,210 --> 00:39:35,980 Yes! Of course I did! 865 00:39:38,280 --> 00:39:39,310 (SIGHS) 866 00:39:40,040 --> 00:39:43,250 For 17 years I've been locked up with these mutts! 867 00:39:43,310 --> 00:39:45,090 After 17 years, 868 00:39:45,150 --> 00:39:49,830 wasn't it worth the life of one of them to get a little closure? 869 00:39:49,890 --> 00:39:52,630 To not have to wake up in the middle of the night 870 00:39:52,690 --> 00:39:55,360 and see the woman you love sitting up crying? 871 00:39:55,430 --> 00:39:56,430 Your Honor, this... 872 00:40:04,300 --> 00:40:05,780 I believe it's wrong 873 00:40:06,170 --> 00:40:08,670 to take the life of another human being, sir. 874 00:40:08,740 --> 00:40:12,710 I wouldn't do that under any circumstances. 875 00:40:14,710 --> 00:40:15,880 JACK: The evidence means nothing. 876 00:40:16,680 --> 00:40:18,290 The jury'll ignore everything 877 00:40:18,350 --> 00:40:20,120 and just compare Bennett to Alejo. 878 00:40:20,790 --> 00:40:22,460 Guess who comes up short. 879 00:40:23,220 --> 00:40:25,790 Well, I could say that the jury is duty-bound 880 00:40:25,860 --> 00:40:27,500 not to ignore everything. 881 00:40:28,260 --> 00:40:29,600 Yeah, you could. 882 00:40:31,460 --> 00:40:32,840 I think we're whipped. 883 00:40:37,800 --> 00:40:39,370 GRANICK: Here's what we have, ladies and gentlemen. 884 00:40:40,070 --> 00:40:42,110 On one side, Peter Bennett, 885 00:40:42,670 --> 00:40:46,140 a dedicated and experienced corrections officer, 886 00:40:46,580 --> 00:40:48,990 a man who has spent his career 887 00:40:49,050 --> 00:40:50,920 safeguarding you and your families 888 00:40:50,980 --> 00:40:53,430 from the worst society has to offer. 889 00:40:54,250 --> 00:40:55,730 On the other side, 890 00:40:56,320 --> 00:40:59,890 Judd Larson, one of the very worst. 891 00:41:00,260 --> 00:41:03,670 A man who murdered his wife by stabbing her to death, 892 00:41:03,730 --> 00:41:06,900 murdered a man in a bar fight by stabbing him to death 893 00:41:06,960 --> 00:41:11,780 and murdered Rafael Alejo by stabbing him to death as well. 894 00:41:12,170 --> 00:41:15,280 This convicted murderer has said that he never 895 00:41:15,340 --> 00:41:17,320 would have killed his latest victim 896 00:41:17,640 --> 00:41:19,850 had not Officer Bennett asked him to. 897 00:41:22,250 --> 00:41:25,390 Now, if you have the slightest notion 898 00:41:25,450 --> 00:41:28,450 that the good Mr. Larson might be telling the truth, 899 00:41:28,520 --> 00:41:30,190 remind yourselves 900 00:41:30,250 --> 00:41:33,200 that his testimony is bought and paid for, 901 00:41:33,260 --> 00:41:35,130 compliments of the District Attorney, 902 00:41:35,190 --> 00:41:37,540 with a sweetheart plea bargain 903 00:41:37,600 --> 00:41:41,200 and a transfer for Mr. Larson's convict son. 904 00:41:42,000 --> 00:41:43,410 Now, who are you gonna believe? 905 00:41:44,000 --> 00:41:46,710 Because if you strip Judd Larson from the People's case, 906 00:41:46,770 --> 00:41:48,220 they've got nothing. 907 00:41:48,770 --> 00:41:51,080 Maybe you should dock Officer Bennett 908 00:41:51,140 --> 00:41:56,150 a couple of vacation days for shortcutting regulation procedures, 909 00:41:56,210 --> 00:41:58,750 because that's all that the prosecution has proven. 910 00:41:58,920 --> 00:42:00,220 My recommendation? 911 00:42:01,090 --> 00:42:03,120 Send him back to his job 912 00:42:03,190 --> 00:42:04,720 and put a medal on his chest. 913 00:42:06,020 --> 00:42:07,020 Thank you. 914 00:42:19,670 --> 00:42:23,210 I'm not gonna stand here and defend Judd Larson, 915 00:42:24,280 --> 00:42:26,150 or for that matter, Rafael Alejo. 916 00:42:27,710 --> 00:42:29,850 If the character of either one of them 917 00:42:29,910 --> 00:42:31,550 is what you base your verdict on, 918 00:42:31,620 --> 00:42:33,290 we've all been wasting our time here. 919 00:42:33,650 --> 00:42:36,860 We should have, as Mr. Granick suggested, 920 00:42:37,090 --> 00:42:40,090 pinned a medal on the defendant and called it a day. 921 00:42:40,160 --> 00:42:42,640 The problem is, if we do that, 922 00:42:43,490 --> 00:42:45,130 we're not doing our job. 923 00:42:45,800 --> 00:42:48,740 We're disregarding our oath because it's easy. 924 00:42:48,800 --> 00:42:53,010 Because it's hard to punish someone who's avenging a rape, 925 00:42:53,070 --> 00:42:56,450 even though this was not a crime 926 00:42:56,710 --> 00:42:58,650 committed in the heat of passion, 927 00:42:59,310 --> 00:43:02,120 but planned and calculated over time. 928 00:43:02,380 --> 00:43:05,490 Even though it's our job 929 00:43:06,220 --> 00:43:11,460 to make the punishment fit the crime and not the nature of the victim. 930 00:43:12,920 --> 00:43:16,130 When I say Judd Larson should be believed, 931 00:43:17,400 --> 00:43:19,710 it's not because he's a good guy. 932 00:43:20,000 --> 00:43:24,450 It's because his testimony is corroborated by every shred of evidence 933 00:43:24,500 --> 00:43:25,740 we've presented here. 934 00:43:25,870 --> 00:43:29,780 Just as it's corroborated by what every one of you knows. 935 00:43:30,540 --> 00:43:35,220 The defendant wanted Rafael Alejo dead. 936 00:43:37,010 --> 00:43:40,120 Mr. Granick suggests Mr. Alejo's life 937 00:43:40,550 --> 00:43:42,290 is not worth caring about, 938 00:43:42,650 --> 00:43:45,760 let alone sending someone to prison over, 939 00:43:46,490 --> 00:43:47,660 but he's wrong. 940 00:43:48,630 --> 00:43:55,310 If you allow the rule of law to stop at the wall of a prison, 941 00:43:55,870 --> 00:43:58,010 you've allowed it to stop everywhere. 942 00:43:59,100 --> 00:44:01,950 The streets of New York will be no better 943 00:44:02,510 --> 00:44:04,320 than the cell blocks of Rikers. 944 00:44:11,020 --> 00:44:13,620 Madam Foreperson, has the jury reached a verdict? 945 00:44:13,680 --> 00:44:17,390 Yes, Your Honor. As to the sole count of the indictment, 946 00:44:17,460 --> 00:44:21,060 the jury finds the defendant, Peter Bennett, not guilty. 947 00:44:21,130 --> 00:44:22,470 (PEOPLE CHEERING) 948 00:44:23,360 --> 00:44:24,430 Yes! 949 00:44:27,260 --> 00:44:28,500 (PEOPLE CHATTERING) 950 00:44:38,680 --> 00:44:40,180 People v. Bennett? 951 00:44:40,510 --> 00:44:43,120 All packed up and headed for central files. 952 00:44:43,180 --> 00:44:45,290 File it under jury nullification. 953 00:44:45,980 --> 00:44:47,550 Texas law in Manhattan. 954 00:44:47,620 --> 00:44:49,150 They tried the victim. 955 00:44:49,720 --> 00:44:52,130 And made a badge for license to kill. 73895

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