All language subtitles for law.and.order.s23e08.720p.web.h264-skyfire

.

- In the criminal justice
system,

the people are represented

by two separate,
yet equally important groups:

the police,
who investigate crime,

and the district attorneys,
who prosecute the offenders.

These are their stories.

[turnstile beeps]

[train screeches distantly]

- [grunts]
- [gasps]

[suspenseful music]

* *

- Hey.
[train chimes]

Where you headed
tonight, beautiful?

- Can I come?
- [whistling]

- Come on.
Where you going?

Come back.
[indistinct chatter]

* *

- Oh, sorry, I didn't mean to--

- [wheezing]
[wheels screeching]

[screams]

Station's locked down.

MTA is rerouting trains
in both directions,

but they're eager
to get things moving again.

- Where's that level of urgency
when there isn't a dead body

to deal with?

[sighs]

[whistles]

Cause of death?

Can't say for sure.

But given
the petechial hemorrhaging,

my guess is asphyxia.

So he was strangled to death.

- How long ago did this happen?
- Less than an hour.

- Any witnesses?
- None so far.

The MTA worker
who found the body said

he walked the car
15 minutes before,

but he didn't see
anything unusual.

- So the call came in at 12:34,
so the murder had to happen

sometime between
12:15 and 12:30.

- We need the security footage
from every station

the train passed through
in that window, okay?

Okay.

- All right, young man,
let's see.

No phone.

Oh, vic's still got his wallet.

Ellis Joyner, just turned 24.

- Yeah, I thought
he looked familiar.

You know him?

- Not personally,
he's a stand-up comic.

Came from down South,

loved to talk about how much
he liked New York.

Great place to live...

not such a great place to die.

[dramatic music]

* *

- We found bleeding in the
anterior neck strap muscles,

as well as fractures
in the hyoid bone

and thyroid cartilage horns.

And that means?

He died of cerebral ischemia

due to a lack of blood flow
to the brain.

I'd say his carotid arteries

and jugular vein were
compressed bilaterally,

like this.

- So the killer had him
in a sleeper hold?

- Exactly,
a carotid sleeper hold.

- So you're saying
our vic was choked to death.

Yes, and it's not like

he had an easy time breathing
on his own.

What do you mean?

ME pulled
Joyner's medical records.

Turns out
he had severe asthma.

She said his lungs
were hyperinflated,

which means he was likely
having an attack when he died.

- Was that the cause of death?
- No.

That would be strangulation,

probably
from a lethal choke hold.

- What else do we know
about the vic?

He was single, lived alone.

Both parents were deceased.

His latest comedy special
on YouTube

had over a million views--
the guy was pretty popular.

- Yeah, well,
not with everyone.

What about his phone?
Did we ping it?

No signal.

- Bright side is,
the MLI found fresh blood

on Joyner's jacket that didn't
match his blood type,

so the lab's going
through that right now.

- All right, so where are we
with the video footage?

- Our train passed
through 6 stations

within the 15-minute window.

Of the 6, 4 of them had cameras
that were broken.

- Footage from the 2 stations
that had working cameras

caught a few dozen people
getting on and off the trains.

- Yeah, except none
of 'em go into

or out of the car
where Joyner was found.

- Hey, so Joyner's MetroCard
was swiped

at 14th Street Station,
where he got on.

There were no working cameras
there either.

But I pulled street-cam footage
from outside the station.

The closest I could get
was a few blocks away,

but I found this.

* *

- Well, that dude
does not look happy.

- Yeah.
- Can you zoom in on his face?

* *

- Wait, is that--

- Malcolm Paige?
- The comedian?

- He used to open
for Chappelle back in the day.

Track him down.

- An audience member
at your show last night

posted this
to their social media.

- It'd be
a massive disappointment

if he was even
remotely relevant anymore.

But you know what they say.

You either die a hero
or live long enough

to become Malcolm Paige.

[laughter]

- Is that why you attacked him
after the show?

He attacked me.

Got his panties all in a twist
because he didn't like

some of the jokes
I was tellin'.

Hit too close to home
for fancy boy.

- Is this you trying to imply
that Joyner was gay?

I ain't implying nothing.

- The point is,
he embarrassed you

in front of what was supposed
to be your audience.

I mean, it must've
really pissed you off, huh?

Whatever.

- You know, we have video of
you taking a swing at Joyner.

So what happened?

You follow him down the subway,
try to finish the fight?

My car service picked me up

right after Joyner ran off
like a little bitch,

followed by his b--

Boyfriend in tow.

- You're saying
he was with somebody?

He was with a dude,

and they weren't
getting along either.

- Paige's car service
confirms his alibi.

- I went through Joyner's texts
and emails in the cloud.

There's no evidence
he had a boyfriend.

- Well, I think that's 'cause
he was still in the closet.

I contacted the Travlr app.

They gave me access
to his account here.

It looks like he was dating
somebody he met on the site.

A lot of messages between him
and a guy named Michael Zane.

He's in the system.

Zane was arrested for
aggravated assault last year.

Hmm.

- Yeah, these two
were definitely

in some kind of fight.

I mean, "Keep on like this,
you'll end up dead."

Either the Zane guy
can see the future or--

.

I didn't kill Ellis.

I cared about him very much.

- "Keep on like this,
and you're gonna end up dead."

- You didn't send that message?
- No, not like that.

I was talking about his...
self-hatred.

We have an eyewitness

that puts the two of you
together night before last.

Said you guys were
in some kind of fight.

We were.

I thought things
would be better for him

if he allowed himself
to live openly,

but he refused.

He was convinced his fan base
would turn on him.

- This fight
ever turn physical?

No, of course not.

- We are aware of your prior
for aggravated assault.

- I was in a bar when
two dudes got into a fight.

I tried to break
things up, but...

I'm Black,
so when the cops showed up--

- So you were on the train
with Ellis that night?

Yeah.

Malcolm Paige
had just attacked him,

and he said he wanted time
to be alone.

So I got off after
a few stops, went home.

- Did you notice
anything suspicious

while you were on the subway?

Yeah.

Uh, there was a guy
on the subway with us,

white guy.

He kept staring at us.

And when I got up to get off,
he stepped in my way.

- On purpose?
- Yeah.

I wasn't in the mood,
so I just brushed past him.

Did he say anything to you?

"Watch yourself."

- Can you describe him?
- Brown hair.

He was wearing
bright-yellow sneakers,

like, neon,

and a hoodie

with some kind
of symbol on the back.

[low ominous music]

- What station is that?
- 86th Street,

one stop before the one
where Joyner's body was found.

- Okay, but we can't
see his face, though.

- Can you find another angle?
- This is all we've got.

Can you zoom in on that?

- Wait a second.
I've seen that logo before.

* *

[rock music playing]

- This place opened up
about a year ago.

Been peppering
my neighborhood with flyers.

- Mixed martial arts
is the future, huh?

- Yeah, maybe
this is where our killer

- learned to strangle people.
- 'Sup? How you doing?

- Uh, yeah, we'd like
to talk to the owner.

- Is he here?
- Dom?

Um, you just missed him.

- He left, like, two minutes ago.
- Is that him?

* *

Yep.

I see it.

You know when
he's gonna be back?

- He was getting a cab
to the airport.

- Did he say where
he was going?

I want to say Toronto.

Which way did he go?

[tense music]

* *

Vince.

* *

[whistles]

Hey!

Hey, NYPD.
Mr. Kovac, NYPD.

- Hey.
- Hey!

- Do not move!
- NYPD!

- Do you hear me? Do not move!
- NYPD!

- I didn't know
you guys were cops.

- Yeah, you just treat
everybody that way?

- Treat Ellis Joyner that way?
- I don't know who that is.

- He was choked to death
two nights ago in the subway.

That ringing a bell?

- Okay, tough guy,
you're coming with us.

Get up.

- I've never seen
this guy before in my life.

- You know, Domhnall,
we are aware

of your four previous
convictions for assault,

all against Black victims,
two charged as hate crimes.

- Clocked that tattoo on you--

the combat boots with the "88."

That's a white nationalist
symbol.

So what happened?

You see a Black guy
on the train,

decided to take him out?

- I didn't do
anything to anyone.

- [bangs on table]
Hey.

I'm the one talking to you.

Fine.

I'll tell you, then.

I had nothing to do
with what happened to that guy.

- Where were you around
midnight night before last?

- Chelsea, working out.
- You work out at that hour?

- I run
an intensive training program

for some guys at the gym.

I call it the Combat Academy.

I base it on the Navy SEALs
training course.

So, once a week, we do
a late-night endurance run.

- And when did
this endurance run end?

Around midnight.

- Okay, so you go
on your little fun run.

Then you get on the subway,
and you kill Ellis Joyner.

I was never on the subway.

We have you on video.

You can make out
this sweatshirt

and those sneakers
clear as day.

- These are part
of the Combat Academy uniform.

Every member has them.

Look, fellas,
I'm trying to tell you--

after the run was over, I went
to my girlfriend's apartment.

She lives a few blocks away.

You can check with her doorman.

- All right, and would you
be willing to submit

to a DNA swab?

Fine.

- We're also gonna need
the names

of every member
of your Combat Academy

that was there that night.

* *

.

- [school bell rings]
- All right. See you guys.

- Brandon Arnou?
- Yes?

- NYPD, we need to talk
to you for a minute.

- Uh, yeah, of course.
Is something wrong?

- We're investigating a murder.
- A murder?

Are you a member

of Domhnall Kovac's
Combat Academy?

Uh, yes. Why?

- Did you attend
his midnight training session

three nights ago?

- Um, I-I did.

I did, yeah.

Yeah, I'm trying
to get back into shape.

My wife left me
last year, and I--

You--you don't need
to know all that. [chuckles]

- You ride the subway home
after that?

Uh, no.

- Really?
- Mm-mm.

- 'Cause we noticed that your
apartment's a straight shot

on the C train from Chelsea.

- Yeah, well,
I-I-I ran home,

trying to push myself,
you know?

How did you get that lip?

Oh, uh, grappling training.

Took an elbow to the face.
[chuckles]

- Would you be willing
to submit to a DNA swab,

just to eliminate you
as a suspect?

Uh...

[sighs]

- Look, it was an accident.
- What was an accident?

- That man was attacking
a woman on the subway.

I-I was just trying
to protect her.

I know I should have told
someone, but I panicked.

- Are you admitting
to killing Ellis Joyner?

[dramatic music]

Look, I didn't mean to.

- Okay.
- I-I was just trying to help.

Hands behind your back.

- We're gonna walk
out of here nice and slow.

Here we go.

- Detectives, what is
the holdup here?

My client has explained to you
what happened several times.

- Yeah, we really appreciate
your cooperation, too.

He has nothing to hide.

- Arnou, so that woman that you
say Ellis Joyner attacked,

the one you claim
to have rescued,

she was dressed like
a dancer, yeah?

Yeah, she was wearing tights,

and her hair was
in a, uh, ball, you know?

- Thing is, we checked
the surveillance footage

from the train platforms,

and we didn't find anybody
meeting that description.

- I'm telling you,
she was there.

- Were the cameras working
at every station?

- We also executed
a search warrant in your home.

Didn't find anything.

- Yeah, well, of course not.
What would you find?

- Mm. Yeah, but, see,
then we got a search warrant

for your gym locker.

That's where we found
something really interesting.

- Ellis Joyner's cell phone,
but you knew that...

because you stole it from him
right after you killed him,

and we know why.

- Because right after
you attacked him,

he started recording you,
didn't he?

- And, see, what you don't know
about Black people is,

we can never be too careful
'cause we don't know

who's gonna try to paint us out
to be the bad guy.

So we watched that video,

and we listened to it,
and we did not see any woman.

But what we did see is that--

Don't say another word.

This interview's over.

* *

What do you think?

It's a tough call.

He admits to killing Joyner,

but I'm not sure
we have enough to charge.

So we have two choices.

We can either cut him loose,
or we can arrest him.

* *

Arrest him.

* *

- Brandon Arnou's
really captured

- the public's attention.
- Sure has.

Half the city buys
Arnou's story--

that he killed Joyner
in self-defense--

and the other half
sees white man

killing an unarmed Black man.

- It's a litmus test
for what people think

or what they want to believe.

Well, here's what I believe.

Arnou held Joyner
in a choke hold

for a long time
after he was unconscious.

Even if he was acting
in self-defense

at the start of all this,

it eventually turned
into a homicide.

- And we have video
that supports that?

Uh, sort of.

Seconds after Joyner
pulled out his phone

to record the incident,

Arnou knocked it
out of his hands.

Then the phone landed
on the ground lens down.

Visually, it's just black.

- But it kept recording,
so there's audio.

You can hear Arnou get Joyner
into the choke hold.

Joyner repeatedly says
he can't breathe.

- And after that,
the tape goes silent.

- Because Joyner passed out.
- That's what it seems like.

After he goes quiet,

there's three minutes
of total silence

before Arnou gets off him.

- You're saying
that he kept Joyner

in a choke hold
for three full minutes

after he seemed
to have passed out?

- Mm-hmm, and Arnou
picks up the phone,

realizes it's been recording,
and then stops it.

- But the phone must've locked.
- Which is why Arnou took it.

He realized it would upload
to the cloud,

so he wanted to delete it.

- Search history
on Arnou's laptop

shows that he was trying
to figure out

how to access a phone
without a passcode.

- Obviously knew
the video was damning.

- So what's the next move?
What are you thinking?

- We have a solid case
for manslaughter.

Whether you believe
Arnou's account or not,

there--there's no question
he used excessive force.

Manslaughter?

You just told me
he choked him out

for three minutes after
he was already unconscious.

- Correct, but Arnou claims
he was trying to help someone.

He was trying
to protect a young woman.

- That woman we haven't been
able to identify.

- This isn't manslaughter,
Nolan.

This is depraved indifference
to human life.

- You want to charge him
with murder?

- Absolutely.
We need to make a statement.

The facts are tricky.

Arnou claims he was trying
to save a woman's life,

not to mention he has
no history of violence.

I understand.

But this is George Floyd
all over again.

And I'm sure as hell
not gonna end up

on the wrong side of it.

Charge him with murder two.

.

- [grunting]
- [gasping]

I can't breathe.

- [grunting]
- I can't breathe.

[gasps]

[train rattling]

[object clatters]

[breathing heavily]

Oh, my God.

- Dr. Infante, could you
explain what we just heard?

- Once the air supply
has been cut off,

it takes about five minutes
for brain death to occur--

half that time
for an asthmatic.

The body goes through
severe seizure-like activity

with convulsions.

And once enough pressure was
applied to the carotid artery,

the victim would have lost
consciousness.

- Which accounts
for the last three minutes

when there were no sounds
of a struggle?

Yes.

- Meaning after
those first few minutes,

Ellis Joyner no longer posed

a lethal threat
to the defendant?

- In my professional
opinion, no.

- And--and yet,
for three full minutes,

the defendant
just continued to choke him.

Thank you, Doctor.
No further questions.

[chair scrapes]

Dr. Infante, isn't it true

that the surge
of adrenaline caused

by a life-or-death
confrontation

can distort not only
one's sense of time

but also an awareness
of one's surroundings?

It's possible.

- Would you characterize
such a response as reasonable?

- I would say
it's not uncommon.

- So you're saying it is
both possible and reasonable

that in the confusion
and panic of the moment,

Brandon Arnou did not realize

that the man he believed
was trying to kill him

had lost consciousness?

Yes.

- Thank you.
Nothing further.

- How long had you
and Ellis Joyner

been seeing each other?

About six months.

It wasn't
a storybook romance, but...

it was the best six months
of my life.

- You were on the train
that night with Ellis, correct?

- Yes, I got off
at 50th Street to go home.

- Did you interact
with the defendant at all

while you were on the train?

- Yes, I caught him staring
at us a couple of times.

It was weird.

And when I got up
to get off, he...

stepped in my way.

Intentionally?

Yeah, aggressively.

When I accidentally bumped
into him,

he said, "Watch yourself,"
with this tone.

- What kind of tone?
- A racist tone.

Like, he might as well have
said, "Watch yourself, boy."

- Objection, Your Honor,
calls for speculation.

The witness can't testify
to things my client didn't say.

Sustained.

The jury will disregard.

No further questions.

- You claim
that Mr. Arnou was aggressive

towards you, confrontational.

He was.

- But Mr. Arnou has no history
of violent behavior, none.

So?

But you do, right?

You were charged
with aggravated assault.

- Yeah, but that has
nothing to do

with what happened that night.

- He was the aggressor.
- I see.

And to be clear, you were not
a witness to the altercation

between Ellis Joyner
and Mr. Arnou?

- Correct.
- So you have no idea

if Joyner attacked
that woman or not,

and you have no idea
if Mr. Arnou was,

in fact, trying to help her.

- I wasn't there, but I know
he didn't attack that woman.

But you weren't there.

No further questions.

The witness may step down.

Call your next witness,
Mr. Price.

The prosecution rests.

Mr. Kagan, you're up.

- The defense calls
Rebecca Lasky.

- Objection, Your Honor,
unfair surprise.

This is the first
we are hearing

of any witness by that name.

- That's because this witness
only just came forward.

* *

Ms. Lasky, were you
on the C subway train

the night Ellis Joyner
was killed?

Yes, I was there.

- Did you witness
the altercation?

Yes, I did.

- Can you tell us
what happened?

I entered the subway car

and accidentally bumped
into Mr. Joyner,

and...

he appeared to be
mentally disturbed in some way.

He kept making these aggressive
grunting noises.

And then he lunged at me.

And then what happened?

He reached into his pocket.

I was scared he had a knife
or something, so I screamed.

I screamed for help...

and that man saved me.

My client, Mr. Arnou?

Yes, he grabbed Mr. Joyner,

and he pulled him away from me.

And then Joyner attacked him,
and they started fighting.

I was terrified.

If he hadn't been there...

That man is a hero.

* *

.

- [knock at door]
- Yep.

- Turns out there really was
a female witness.

- So I've heard.
- She was credible, too.

Her testimony was compelling.

Meaning what?

- We should offer
a manslaughter plea.

[scoffs] I'd be surprised
if they accepted it,

but it's worth a shot.

- But the audio-video clip
hasn't changed, correct?

- Excuse me?
- The clip where we hear

Mr. Joyner
begging for his life,

where we hear Mr. Arnou
choking out

an unconscious man
for a full three minutes.

- That is correct.
That clip still exists.

But there is now more context
for it--

context that is not
in our favor.

- But just because
a white woman saw Joyner

as a threat
doesn't make it true.

- Like I said,
her testimony was credible.

The jury seemed
to respond quite favorably.

- But the witness
wasn't actually there

when the murder took place.

She left before
the fight ended, right?

That's why she didn't show up
in the video.

- Mm-hmm.
- So make that clear, Nolan.

Remind them that Ms. Lasky
wasn't present

when the defendant choked
the life out of Mr. Joyner.

- Ms. Lasky, you weren't
actually present

when the defendant strangled
Ellis Joyner to death, correct?

- No, the train stopped
while they were still fighting,

and I got off.

But I saw the start
of the fight.

I saw Mr. Arnou grab Joyner
by the arm

and pull him away from me.

And then I saw Joyner
elbow him in the face.

- Right, because Mr. Joyner
was terrified.

From his perspective, he was
the one fighting for his life.

I don't know.

It all happened really fast.

And they were yelling
at each other.

And Mr. Arnou kept yelling
at him to stop, to surrender,

and that he was bleeding,

and he was dirty--

or fighting dirty.

I don't really remember
the exact words.

But Joyner didn't listen.

He reached into his pocket.

It looked like he was trying
to grab a knife.

So Mr. Arnou tackled him,

and they started wrestling.

That's when the train stopped,
and I got off.

Just got off?

You didn't tell anyone
what was happening?

I wasn't thinking straight.

Everything was
happening at once.

[sighs] When the doors opened,
I ran out to look

for someone to tell,
like a cop or something.

But the subway station
was empty.

Then the doors closed,
and the train took off.

- So that means you weren't
there during the three minutes

that Ellis Joyner
was unconscious

and the defendant continued

to choke the life
out of his body?

- No, but, like I said,
I thought he had a knife.

I'm sure Mr. Arnou did, too.

Did you actually see a knife?

- No, but--

- Did you see a weapon
of any kind?

- No.
- And you had no idea

that Ellis Joyner
was severely asthmatic?

I didn't at the time.

- Mr. Joyner had been
in an altercation

with a fellow comic that night,

then a fraught, verbal argument
with his boyfriend.

High-stress situations
can trigger an asthma attack.

Ellis Joyner was having
an asthma attack.

He wasn't acting aggressively,
nor was he mentally ill.

He was simply having
an asthma attack,

and you misinterpreted
his behavior.

You saw a scary Black man
making a noise--

- Objection.
- Sustained.

[soft tense music]

[sighs]

* *

- Mr. Joyner's behavior
that night was consistent

with someone suffering
from an asthma attack, correct?

Yes, I suppose.

And if that's what it was...

I feel terrible.

Then...

this whole thing i-is...

it's all my fault.

But either way,

Mr. Arnou came to my defense.

* *

He tried to help me,

and he shouldn't be held
responsible.

* *

- She made a strong case that
Arnou is not the one to blame.

Yeah.

What do you think
about what Lasky said in there,

that, uh, bit about Arnou
saying something

about blood and dirt?

- Oh, I-I don't know what
to make of it. Why?

- Do you think it's possible
he was saying something

about "blood and soil"?

- That's a Nazi slogan.
- Exactly.

It's the new battle cry
of white nationalist groups.

- You think Arnou is
a white supremacist?

- Yeah, I-I don't know.

I'm--I'm just trying
to understand

why he was saying
"blood and dirt."

- We interviewed his neighbors,
his coworkers.

None of them reported anything
that would suggest--

- What about where he trains,
the, uh, Kovac Academy?

What about it?

- Detectives interviewed
the owner.

He has ties to a few white
nationalist organizations.

Check it out.

- I already told you.
I don't know Arnou too well.

- I just have a few questions.
It won't take long, promise.

- [grunts]
Fine, what do you want to know?

- Have you ever heard him
say something

that might be interpreted
as racist?

- I'm sorry,
but I can't help you.

- You can't,
or you don't want to?

I'm closing up, so...

- You're aware that Arnou is
on trial for murder?

I am.

* *

Hold up.

* *

Look, I can't get
into the details, but...

let's just say you're heading
down the right path.

- "Right path"? What the hell
is that supposed to mean?

- Like I said,
I can't help you.

Why not?

- Because it would blow
my cover.

* *

You're a cop?

.

Nick, good to see you.

How you doing, Robin?

- Thanks for coming down.
- Of course.

Um, this is Carol Oberlin.

She's our Deputy Commissioner
of Counterterrorism.

- Glad to meet you.
- Likewise.

I understand you stumbled on
to our undercover operation.

We did.

And, fortunately, a detective
of yours has information

pertinent to a murder
we're prosecuting.

Uh, that's great.

But, uh, let us get you
up to speed

on what it is
we're actually investigating,

give you a sense

of the scope of what
we're dealing with here.

- Please.
- Okay.

- We've actually had our eye
on Kovac for a while now.

His gym is an "active club,"

part of
an international network

of white supremacist
sleeper cells,

all fronting
as small MMA-style gyms.

- How big a network
are we talking about?

- So far, we've identified
over 30 active clubs

across 9 different states

and several provinces
of Canada.

So how do they work?

- The clubs operate
as recruitment centers.

They lure in young white men
under the guise of getting fit,

while indoctrinating them
in racist ideology

and training them
in military combat.

- They're building an army.
- They're trying to.

It's the new face of hate.

No more white sheets
or burning crosses.

They've adapted
and created a façade

to mask their racist beliefs.

- But we need
your undercover's testimony

to secure a conviction
against one of their members.

- Detective Fields
has spent nine months

embedding himself
in this community.

All that goes out the window
if he testifies.

- I get that, but we're talking
about murder here.

- We're not trying to step
on your toes here, Nick,

but we poured a lot
of resources

and manpower
into this operation.

The stakes are pretty high.

We've recently received
credible intel

that Kovac is now
stockpiling firearms

and explosive materials.

These men are terrorists.

They're capable
of significant violence.

- Are you asking me
for a favor?

- I'm suggesting you take
a big-picture view

of the situation.

[dramatic music]

* *

We'd greatly appreciate it.

* *

- They're planning an attack?
- Against who?

- It appears to be some sort
of coordinated effort

along the lines of
the January 6th insurrection,

only more violent and without
advanced warning this time.

- This only underscores
how dangerous Arnou is.

Uh, the jury needs to know
he's part of this organization.

But exposing the undercover

would blow up
the whole investigation.

He's the only asset
they have on the inside.

But Ellis Joyner was murdered

most likely
because he was Black.

- He deserves justice.
- I couldn't agree more.

All I'm saying is,
we can't call the undercover

as a witness.

It's for the greater good.

Oh, the greater good, right.

Thank God for that phrase.

- Excuse me?
[Nolan sighs]

Helps justify a lot

of otherwise
unjustifiable positions.

- You're a terrific
prosecutor, Nolan.

You're just gonna have
to find another way

to make clear to the jury
that Arnou is racist.

Mr. Kovac,

you were Brandon Arnou's
personal trainer, correct?

Yes.

- You two spend a lot
of time together?

About five hours a week.

- Would you say
you were friendly?

- Not really.
We worked out together.

- Five hours a week?
- Yes.

- You and the defendant
ever discuss racial ideology?

I don't know what that means.

- Did you ever discuss
racial purity,

uh, interracial marriage,

the role
that Black people should

or shouldn't play in society?

- I don't know
what you're talking about.

- Permission to treat the
witness as hostile, Your Honor?

Permission granted.

- You have a tattoo
on your arm, the number 88.

It's a neo-Nazi symbol,
isn't it?

- I don't know.
I just like the number 88.

- So you don't have a problem
with Black people?

- No.
- Even though you have

four prior battery convictions,

all for assaulting Black men,

two that were charged
as hate crimes, correct?

It was a long time ago.

Even though your bio

in your various
social-media accounts

contains the phrase
"blood and soil"?

Objection, relevance.

- Rebecca Lasky testified
she overheard

the defendant utter something
about blood and dirt.

She was likely referring
to the defendant's use

of the phrase "blood and soil,"
a racial dog whist--

- Objection, Ms. Lasky never
mentioned the word "soil."

Her recollection was vague.

We have a right
to raise the possibility.

- I agree.
Overruled.

You may proceed, Mr. Price.

- Isn't it true
that "blood and soil"

is a Nazi reference

to a racially uniform society?

- It means you're proud
of who you are

and where you come from.

- And for you,
that means being white.

* *

Yes.

* *

- You taught the defendant
how to fight, correct?

- Yes.
- Teach him how to put someone

- in a choke hold?
- Yes.

- Did you teach the defendant
to hate Black people?

Objection!

Withdrawn.

Nothing further.

- Mr. Kovac, did you ever
discuss race with Mr. Arnou?

No.

- Have you ever heard
Mr. Arnou say

- "blood and soil"?
- No.

- Ellis Joyner was 6'2"
and weighed 210 pounds,

50 pounds more than Mr. Arnou.

As a self-defense expert,
do you think it was reasonable

for Mr. Arnou

to believe Joyner posed
a lethal threat?

Absolutely.

Thank you.

No further questions.

* *

- Brandon Arnou is
an elementary-school teacher,

who's never gotten so much
as a speeding ticket.

He did not wake up
that morning

thinking about taking
another person's life.

He did not get on that train
looking for a fight.

But when he saw a fellow
citizen being attacked,

he stepped up.

He did something.

I live in Park Slope.

I take the subway every day
to this courthouse,

and I take it home every night.

And I pray...

that if something
were ever to happen,

someone like Brandon Arnou...

is on that train with me.

- Rebecca Lasky
heard the defendant

screaming something
about blood and dirt.

Most likely

what he was screaming
was "blood and soil,"

as a phrase that speaks
to a declaration of hatred

for all people of color.

Ask yourself why.

People like Mr. Arnou keep
their bigotry buttoned up.

They only discuss it

with people they know share
their hateful worldview.

They rely
on plausible deniability,

because if the racism
isn't overt,

many people,

many good people are
all too happy

to assume it isn't there.

Except that,
every once in a while,

in moments
of panic or--or anger...

their mask will slip,

and their true nature
is exposed.

* *

Ellis Joyner was an innocent,
unarmed Black man,

suffering a medical emergency.

And the two white people
on that train with him

assumed he was
a violent threat,

and they attacked him.

The defendant
may not have entered the fight

with the intention to kill,

but at some point,
his focus shifted,

and his racial hate
began to manifest.

That moment

was when the victim,
Ellis Joyner, passed out,

when he was no longer a threat
to Mr. Arnou.

And rather than
release Mr. Joyner,

Arnou continued to choke him

for three minutes.

That is when
his true colors emerged.

That...

is when he murdered
Ellis Joyner.

* *

- Mr. Foreperson,
has the jury reached a verdict?

We have, Your Honor.

In the charge of murder
in the second degree,

we find the defendant,
Brandon Arnou,

not guilty.

- [crowd gasps, groans, cheers]
- What the--

Yeah, baby.

- Members of the jury,
we thank you for your service.

* *

- Tough case,
but you did a hell of a job.

- Thanks.
[sighs]

It might have gone
differently if I--

if I didn't have one hand
tied behind my back.

- We did the best
that we could.

- No, we could
have done better.

We just chose not to,
for the greater good.

I stand by my decision.

Hey! There he is.

And one day soon,

when we take
these bastards down

and roll up their whole damn
racist organization,

you're gonna realize it was
the right decision as well.

[indistinct chatter, laughter]

* *

Ellis Joyner deserved better.

* *

- All right, man.
- All right, man, come on.

* *

[wolf howls]