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These are the user uploaded subtitles that are being translated: 1 00:00:01,260 --> 00:00:03,030 NARRATOR: In the criminal justice system 2 00:00:03,090 --> 00:00:06,970 the people are represented by two separate yet equally important groups, 3 00:00:07,030 --> 00:00:08,840 the police who investigate crime 4 00:00:08,900 --> 00:00:11,710 and the district attorneys who prosecute the offenders. 5 00:00:11,770 --> 00:00:13,250 These are their stories. 6 00:00:14,410 --> 00:00:16,610 The guys from auto theft finally confirmed, 7 00:00:16,670 --> 00:00:18,520 deposit's down on the hotel. 8 00:00:18,580 --> 00:00:20,580 Plus I chipped in for a little something extra. 9 00:00:20,650 --> 00:00:22,680 Uh, we said no girls, remember? 10 00:00:22,750 --> 00:00:25,060 It's a bachelor party, there's gotta be entertainment. 11 00:00:25,120 --> 00:00:26,790 Frank, I told you I'm not doing it 12 00:00:26,850 --> 00:00:28,760 with some hooker a week before my wedding day. 13 00:00:28,850 --> 00:00:30,800 What? Nobody can have any fun except you? 14 00:00:30,860 --> 00:00:32,460 I'm the one who's been married 10 years. 15 00:00:33,520 --> 00:00:35,090 (ALARMS SOUNDING) 16 00:00:38,700 --> 00:00:40,440 What the hell was that? You okay? 17 00:00:40,500 --> 00:00:42,810 Call it in! Tell 'em to bring fire, police, bomb squad! 18 00:00:42,870 --> 00:00:45,850 This is Unit 12. We have an explosion at 9 Broome Street. 19 00:00:46,340 --> 00:00:48,510 Yeah, once we got up there, we found the body in the fourth floor, 20 00:00:48,570 --> 00:00:49,980 southeast corner apartment. 21 00:00:50,040 --> 00:00:51,680 Male, I don't know, maybe mid-30s. 22 00:00:51,740 --> 00:00:52,740 You heard a name yet? 23 00:00:52,810 --> 00:00:55,150 No, just the one on the buzzer. Haden. 24 00:00:55,310 --> 00:00:56,520 Anybody else get hurt? 25 00:00:56,580 --> 00:00:59,720 Looks like the other tenants already left for work. 26 00:00:59,780 --> 00:01:02,590 We got a best guess yet on cause and origin? 27 00:01:02,650 --> 00:01:04,390 Well, arson's doing the prelim now. 28 00:01:04,460 --> 00:01:07,370 But based on the burn pattern, I'm thinking gas leak. 29 00:01:07,430 --> 00:01:08,900 The bomb squad will be relieved. 30 00:01:08,960 --> 00:01:11,440 You kidding? They evacuated the whole block when they got here. 31 00:01:11,530 --> 00:01:13,410 These days you don't know who you're dealing with. 32 00:01:13,460 --> 00:01:16,450 Well, the job wasn't exactly routine before. 33 00:01:16,500 --> 00:01:18,950 Is it okay to go up? Yeah. Whenever you're ready. 34 00:01:19,000 --> 00:01:20,680 I'll find out where they're sheltering the tenants, 35 00:01:20,740 --> 00:01:21,810 I'll get right back to you. 36 00:01:21,870 --> 00:01:23,980 All right. Thanks, man. Take care of yourself. 37 00:01:24,040 --> 00:01:25,420 The building's got some history. 38 00:01:25,480 --> 00:01:27,790 I'm sensing something of an illicit nature. 39 00:01:27,850 --> 00:01:29,350 It's a landlord-tenant gripe. 40 00:01:29,410 --> 00:01:31,390 They won't pay the rent till he makes the repairs. 41 00:01:31,450 --> 00:01:33,930 So, he lets the place go to seed until they pay up. 42 00:01:33,990 --> 00:01:37,300 The beat cop said that the empty units attracted some squatters. 43 00:01:37,360 --> 00:01:38,730 He's gonna run down any collars. 44 00:01:38,790 --> 00:01:40,700 He was pretty shook up. I don't blame him. 45 00:01:40,760 --> 00:01:43,240 I guess we're all a little jumpy since 9111. 46 00:01:43,290 --> 00:01:45,570 Yeah, everybody except Mr. Haden. 47 00:02:36,250 --> 00:02:38,490 BECK: The fire marshal traced the origin of the explosion 48 00:02:38,580 --> 00:02:40,320 back to the gas line, here. 49 00:02:40,380 --> 00:02:41,590 So, what happened? 50 00:02:41,650 --> 00:02:44,830 It looks like somebody disconnected the stove, left the gas line open. 51 00:02:44,960 --> 00:02:46,200 So, it wasn't an accident? 52 00:02:46,260 --> 00:02:47,740 No. Only way for the gas to get out, 53 00:02:47,790 --> 00:02:49,140 the line had to be unhooked. 54 00:02:49,190 --> 00:02:50,800 In order to do that, you have to pull 55 00:02:50,860 --> 00:02:52,100 the stove away from the wall. 56 00:02:52,160 --> 00:02:55,340 One of the uniformed officers found this crescent wrench 57 00:02:55,400 --> 00:02:56,880 in the debris pile over there. 58 00:02:57,540 --> 00:03:00,350 It's sized to the flare nut on the gas line. 59 00:03:00,600 --> 00:03:02,520 So somebody had to know exactly what they were doing. 60 00:03:02,570 --> 00:03:04,680 Yeah, and once the gas line is open, 61 00:03:04,740 --> 00:03:08,050 the gas rises and it accumulates in the top of the room, 62 00:03:08,110 --> 00:03:10,390 creating what's called a flammable range. 63 00:03:10,450 --> 00:03:11,860 And that'd be right here. 64 00:03:11,920 --> 00:03:14,420 BRISCOE: So, below that, no problem, above it... 65 00:03:14,490 --> 00:03:17,190 Yeah, ideal conditions for an incendiary event. 66 00:03:17,250 --> 00:03:19,130 You got any idea what sparked the explosion? 67 00:03:19,360 --> 00:03:21,500 A candle, right over here. 68 00:03:21,730 --> 00:03:22,800 ED: How do you know? 69 00:03:22,890 --> 00:03:24,500 Well, when a candle melts away, 70 00:03:24,560 --> 00:03:26,560 the wax always leaves a residue. 71 00:03:26,630 --> 00:03:27,730 That was your fuse. 72 00:03:27,800 --> 00:03:29,840 So, somebody unhooks the stove, 73 00:03:29,900 --> 00:03:32,640 lights the candle and waits for the gas to fill the room. 74 00:03:32,700 --> 00:03:33,810 Give it 10, 15 minutes. 75 00:03:33,870 --> 00:03:36,150 The gas floats down to the height of the candle. 76 00:03:36,210 --> 00:03:37,350 (MIMICS EXPLOSION) 77 00:03:38,340 --> 00:03:40,620 So, you're thinking someone set a trap for this man? 78 00:03:40,680 --> 00:03:41,750 Well, it was either on purpose 79 00:03:41,810 --> 00:03:43,620 or the worst case of home repair ever. 80 00:03:43,680 --> 00:03:45,790 Well, what about signs of forced entry? 81 00:03:45,850 --> 00:03:47,260 There weren't any. 82 00:03:47,320 --> 00:03:50,700 So someone was given access or used a key. 83 00:03:50,750 --> 00:03:52,630 Tell me about this rent strike. 84 00:03:52,690 --> 00:03:54,070 The beat cop said they'd been going 85 00:03:54,120 --> 00:03:55,830 round and round for about a year. 86 00:03:55,890 --> 00:03:58,200 Well, maybe the landlord got tired of the ride, 87 00:03:58,260 --> 00:04:01,180 and this was his idea of an eviction notice. 88 00:04:02,930 --> 00:04:06,570 You think it was arson, that I set my own building on fire? 89 00:04:06,770 --> 00:04:07,770 BRISCOE: ls there anybody who can vouch 90 00:04:07,840 --> 00:04:10,180 for your whereabouts this morning, Mr. Cortez? 91 00:04:10,240 --> 00:04:12,450 (SCOFFS) My wife was out of town, 92 00:04:12,510 --> 00:04:14,820 but she'd probably say you got a hell of a theory, 93 00:04:14,880 --> 00:04:17,620 except for one thing. No insurance. 94 00:04:17,680 --> 00:04:19,790 The law says you're supposed to carry a policy 95 00:04:19,850 --> 00:04:21,300 on a residential unit. 96 00:04:21,350 --> 00:04:23,090 I missed a couple of payments. 97 00:04:23,150 --> 00:04:26,330 The insurance company canceled my ass last month. 98 00:04:26,390 --> 00:04:28,730 I'm gonna be wiped out now. 99 00:04:28,790 --> 00:04:31,770 Funny thing, Haden was the only tenant I liked. 100 00:04:32,030 --> 00:04:33,170 BRISCOE: Why's that? 101 00:04:33,230 --> 00:04:34,770 Those other leaches got together, 102 00:04:34,830 --> 00:04:36,740 decided to stiff me on the rent, 103 00:04:36,800 --> 00:04:40,340 but Joseph, he still paid in cash, every month. 104 00:04:40,670 --> 00:04:43,080 So, he was the only one who hadn't joined the rent strike? 105 00:04:43,140 --> 00:04:44,410 Only one. 106 00:04:45,080 --> 00:04:47,580 Bet the other tenants were thrilled. 107 00:04:50,450 --> 00:04:52,260 TENANT: Man had only been here two years. 108 00:04:52,380 --> 00:04:55,230 The rest of us lived in that building over 10. 109 00:04:55,290 --> 00:04:56,820 Come on, what are we gonna do, 110 00:04:56,890 --> 00:04:58,630 blow up our own building just to get back at him? 111 00:04:58,690 --> 00:05:00,430 Besides, these foreigners come here 112 00:05:00,490 --> 00:05:02,970 and they don't have the same stake in things as the rest of us. 113 00:05:03,030 --> 00:05:04,130 BRISCOE: What do you mean "foreigners"? 114 00:05:04,200 --> 00:05:06,840 Haden wasn't American. He wasn't from here. 115 00:05:06,900 --> 00:05:08,770 Where was he from? Maybe India. 116 00:05:09,170 --> 00:05:11,110 Something in Arabia maybe. 117 00:05:11,700 --> 00:05:13,050 An Arab? 118 00:05:13,100 --> 00:05:14,380 How well did you two know him? 119 00:05:14,440 --> 00:05:16,320 He was a quiet guy. He kept to himself. 120 00:05:16,370 --> 00:05:18,280 Gone most days. Work, I guess. 121 00:05:18,340 --> 00:05:19,450 Was he home yesterday? 122 00:05:19,510 --> 00:05:21,750 He passed me in the hall, never said so much as hello. 123 00:05:21,810 --> 00:05:24,050 What about girlfriends? Visitors? 124 00:05:24,110 --> 00:05:25,390 Never saw him with a woman. 125 00:05:25,450 --> 00:05:26,890 There'd be some men sometimes. 126 00:05:26,950 --> 00:05:27,990 ED: Do you know who they were? 127 00:05:28,050 --> 00:05:29,900 They'd come in groups of two or three. 128 00:05:29,950 --> 00:05:31,800 Were these guys Arabs, too? 129 00:05:31,920 --> 00:05:34,730 Guess they come from wherever he come from. 130 00:05:35,730 --> 00:05:37,970 Who the hell knows these days? 131 00:05:39,130 --> 00:05:42,170 Best guess? Mr. Haden was of Middle Eastern descent. 132 00:05:42,230 --> 00:05:44,180 Blast victims always present a few problems. 133 00:05:44,240 --> 00:05:45,610 This one was particularly tricky. 134 00:05:45,670 --> 00:05:46,670 Why? 135 00:05:46,740 --> 00:05:49,410 First off, he came back negative for carboxyhemoglobin. 136 00:05:49,470 --> 00:05:51,750 Wait. In English, he had no smoke in his lungs? 137 00:05:51,810 --> 00:05:54,520 Yeah. His airways were also completely free of soot. 138 00:05:54,580 --> 00:05:57,350 Intriguing finding for somebody who died in a fire. 139 00:05:57,410 --> 00:06:00,020 That's because he didn't die in a fire. 140 00:06:01,120 --> 00:06:05,000 Cavity x-rays showed evidence of blunt force trauma. 141 00:06:05,060 --> 00:06:07,090 Broken ribs, legs, arms, neck. 142 00:06:07,160 --> 00:06:09,540 The initial response team found him buried under some rubble. 143 00:06:09,590 --> 00:06:10,800 Yeah, but that didn't kill him either. 144 00:06:10,860 --> 00:06:13,270 There was no hemorrhaging associated with any of those injuries. 145 00:06:13,330 --> 00:06:14,780 BRISCOE: So, what did kill him? 146 00:06:14,830 --> 00:06:18,140 Posterior inspection indicates massive bleeding 147 00:06:18,200 --> 00:06:20,550 in the upper cervical vertebrae. 148 00:06:20,870 --> 00:06:22,010 Somebody broke his neck. 149 00:06:22,070 --> 00:06:24,450 And you're positive that didn't happen because the ceiling collapsed? 150 00:06:24,510 --> 00:06:25,850 No. Once I fixed cause of death, 151 00:06:25,910 --> 00:06:28,290 I went back into the soft tissue exam, 152 00:06:28,350 --> 00:06:31,520 found focal hemorrhaging in his wrists and ankles. 153 00:06:31,580 --> 00:06:34,650 Your killer tied him up before he murdered him. 154 00:06:35,090 --> 00:06:37,730 She say whether or not this could have been a one-man job? 155 00:06:37,790 --> 00:06:39,270 Nothing conclusive either way. 156 00:06:39,320 --> 00:06:40,730 A couple of the tenants mentioned 157 00:06:40,790 --> 00:06:42,770 that Haden had a few visitors now and again. 158 00:06:42,830 --> 00:06:44,270 But they couldn't tell us much more than that. 159 00:06:44,330 --> 00:06:48,670 Yeah. Except that Haden and his visitors were all of Middle Eastern decent. 160 00:06:48,730 --> 00:06:51,140 And you think his ethnicity's significant? 161 00:06:51,200 --> 00:06:53,040 Well, there was an explosion involved. 162 00:06:53,100 --> 00:06:54,670 I think it's a little early to conclude 163 00:06:54,740 --> 00:06:56,980 that Haden being an Arab had anything to do with it. 164 00:06:57,040 --> 00:07:00,150 Well, still, chances are he might have known his killer. 165 00:07:00,210 --> 00:07:02,210 How much do we know about his personal life? 166 00:07:02,280 --> 00:07:04,660 He didn't have a girlfriend, no known next of kin. 167 00:07:04,720 --> 00:07:06,190 Criminal records? Nothing. 168 00:07:06,250 --> 00:07:07,630 No credit cards either. 169 00:07:07,690 --> 00:07:09,760 No references, no previous address on the lease. 170 00:07:09,820 --> 00:07:10,920 He paid his rent in cash. 171 00:07:10,990 --> 00:07:13,900 BRISCOE: I'm telling you, this guy wasn't just flying below the radar, 172 00:07:13,960 --> 00:07:15,830 he was off the screen. 173 00:07:19,000 --> 00:07:21,500 Three times a week, he'd bring me his greasy clothes. 174 00:07:21,570 --> 00:07:23,310 You should see these things. 175 00:07:23,370 --> 00:07:25,640 I ask him, how you get so dirty? 176 00:07:25,700 --> 00:07:26,700 What'd he say? 177 00:07:26,770 --> 00:07:28,480 He says, blame the boss. 178 00:07:28,540 --> 00:07:30,080 He mention where he worked? 179 00:07:30,140 --> 00:07:32,780 No, but I know he got paid nothing. 180 00:07:32,840 --> 00:07:34,450 What, he told you how much he earned? 181 00:07:34,510 --> 00:07:38,520 No. I go through my customers' pockets when they drop off. 182 00:07:38,580 --> 00:07:40,650 One time, I see a pay stub. 183 00:07:41,320 --> 00:07:42,390 Peanuts. 184 00:07:42,450 --> 00:07:43,860 Did the pay stub show where he worked? 185 00:07:43,920 --> 00:07:46,830 Hmm... Jiffy something. 186 00:07:47,390 --> 00:07:49,560 What kind of a name is Jiffy? 187 00:07:49,760 --> 00:07:51,470 Greasy clothes, low-wage pay stub... 188 00:07:51,530 --> 00:07:53,570 Could be one of those oil-change joints. 189 00:07:53,630 --> 00:07:54,770 Thank you. 190 00:07:55,830 --> 00:07:57,570 I had a feeling something happened. 191 00:07:57,630 --> 00:08:00,240 Joseph hasn't missed a day's work in... Well, never. 192 00:08:00,300 --> 00:08:02,480 So, he was a pretty reliable guy for you then? 193 00:08:02,540 --> 00:08:04,180 Yeah. For the most part. 194 00:08:04,240 --> 00:08:05,980 Not the most ambitious guy, though. 195 00:08:06,040 --> 00:08:07,150 Well, why do you say that? 196 00:08:07,210 --> 00:08:08,250 He'd been here over a year, 197 00:08:08,350 --> 00:08:09,790 turned down a manager's position twice. 198 00:08:09,850 --> 00:08:11,290 Isn't that more money? Sure. 199 00:08:11,350 --> 00:08:14,330 Told me he didn't want the responsibility. Liked his free time. 200 00:08:14,390 --> 00:08:17,230 So, what can you tell us about his personal life? 201 00:08:17,290 --> 00:08:18,430 Well, he never really shared much. 202 00:08:18,490 --> 00:08:19,870 He had some family somewhere, 203 00:08:19,920 --> 00:08:22,030 but didn't really talk about it. 204 00:08:22,090 --> 00:08:24,330 Anybody ever come to visit him on the job? 205 00:08:24,400 --> 00:08:25,970 No. Not that I can think of. 206 00:08:26,030 --> 00:08:27,800 Sorry, I wish I could be more help. 207 00:08:27,870 --> 00:08:30,180 That's all right. If you think of anything, give us a call. 208 00:08:30,230 --> 00:08:31,370 Okay. 209 00:08:31,900 --> 00:08:33,470 Oh, what should I do with the stuff in his locker? 210 00:08:37,240 --> 00:08:39,720 BRISCOE: Work boots, shirt, pants. 211 00:08:39,810 --> 00:08:42,020 Whoa, look at this. Checkbook. 212 00:08:43,450 --> 00:08:44,890 No entries. 213 00:08:46,950 --> 00:08:48,990 E-bank? Never heard of it. 214 00:08:49,850 --> 00:08:51,030 Doesn't even say where it is. 215 00:08:51,090 --> 00:08:52,260 That's an Internet bank. 216 00:08:52,320 --> 00:08:54,230 You can do all your banking, payments, deposits, 217 00:08:54,290 --> 00:08:55,500 everything, online. 218 00:08:55,560 --> 00:08:57,440 So, why the checkbook? 219 00:08:58,200 --> 00:08:59,800 Last vestige of 20th-century banking, 220 00:08:59,860 --> 00:09:01,930 it gives some of our older clients a sense of security. 221 00:09:02,000 --> 00:09:04,380 Speaking of security, if this is a bank, 222 00:09:04,440 --> 00:09:05,470 where do you keep all the money? 223 00:09:05,600 --> 00:09:07,450 Well, what you see here is our computer server station, 224 00:09:07,500 --> 00:09:08,740 where we monitor the accounts. 225 00:09:08,810 --> 00:09:10,080 There is no bank, per se. 226 00:09:10,140 --> 00:09:11,450 Virtual reality. 227 00:09:11,510 --> 00:09:14,050 Well, what happens if I have to deposit a check? 228 00:09:14,110 --> 00:09:16,920 Well, you mail it to our P.O. box in Iowa in a prepaid envelope. 229 00:09:16,980 --> 00:09:21,090 And to pull your money out, we give you an ATM card, just like any other bank. 230 00:09:21,150 --> 00:09:24,190 No lines, 24-hour, world-wide access. 231 00:09:24,250 --> 00:09:25,670 All you need is a computer. 232 00:09:25,720 --> 00:09:26,790 You like to hear more? 233 00:09:27,060 --> 00:09:29,090 No. I think I'll stick with my mattress. 234 00:09:29,160 --> 00:09:30,300 Okay. 235 00:09:30,930 --> 00:09:32,240 According to our records, 236 00:09:32,300 --> 00:09:35,040 Joseph Haden opened an account with us about a year ago. 237 00:09:35,100 --> 00:09:36,300 Says here he's a preferred customer. 238 00:09:36,370 --> 00:09:37,640 Elite status. 239 00:09:37,700 --> 00:09:39,580 So, how does one attain elite status? 240 00:09:39,640 --> 00:09:41,910 Maintain an average daily balance over 10,000. 241 00:09:41,970 --> 00:09:43,110 BRISCOE: Ah, you got the wrong Haden. 242 00:09:43,170 --> 00:09:45,350 This guy's strictly minimum wage. 243 00:09:45,410 --> 00:09:48,580 Joseph Haden, 225 Stanton, New York City? 244 00:09:48,650 --> 00:09:49,990 ED: What's the balance? 245 00:09:50,380 --> 00:09:52,590 Eighty-nine thousand and change as of yesterday. 246 00:09:53,420 --> 00:09:55,860 Nothing virtual about that reality. 247 00:10:00,220 --> 00:10:03,540 So, a guy making minimum wage, living in a tenement, 248 00:10:03,590 --> 00:10:07,060 has almost 90 grand in an online bank account? 249 00:10:07,330 --> 00:10:09,440 According to the E-bank, there's never been more 250 00:10:09,500 --> 00:10:12,110 than his paycheck deposits since he opened it. 251 00:10:12,170 --> 00:10:14,340 Okay, but where's all the money from? 252 00:10:14,400 --> 00:10:17,540 The manager pulled up a tracking number from the initial deposit. 253 00:10:17,610 --> 00:10:19,380 Traces back to a Swiss account. 254 00:10:19,440 --> 00:10:20,920 Yeah. We called the OFAC, 255 00:10:21,040 --> 00:10:23,150 that's the Office of Foreign Assets Control. 256 00:10:23,210 --> 00:10:25,560 It's like an international clearing house for banks. 257 00:10:25,620 --> 00:10:29,000 Yeah. The FBI's got them working overtime looking for terrorist funding. 258 00:10:29,050 --> 00:10:30,120 And? 259 00:10:30,190 --> 00:10:31,690 It's gonna take a while. 260 00:10:31,820 --> 00:10:33,800 How did he open a bank account? 261 00:10:33,860 --> 00:10:37,170 The online application only asks for a driver's license 262 00:10:37,230 --> 00:10:38,540 and a social security number. 263 00:10:38,600 --> 00:10:40,400 BRISCOE: Both numbers turned out to be phonies. 264 00:10:40,460 --> 00:10:41,670 The bank probably never checked him out 265 00:10:41,730 --> 00:10:43,770 once they saw the size of that initial deposit. 266 00:10:43,830 --> 00:10:46,470 Still, he had to know someone at the DMV to get this. 267 00:10:46,540 --> 00:10:48,180 Well, we're going down to talk to a D.A. 268 00:10:48,240 --> 00:10:50,150 at the Rackets Bureau this afternoon. 269 00:10:50,210 --> 00:10:51,410 VAN BUREN: Great. 270 00:10:52,040 --> 00:10:53,720 The ID number on your guy's license 271 00:10:53,780 --> 00:10:55,090 matched up with a batch of blanks 272 00:10:55,150 --> 00:10:57,650 that came out of a DMV office in Brooklyn. 273 00:10:57,710 --> 00:10:59,320 How do you get a driver's license issued 274 00:10:59,380 --> 00:11:00,990 with a phony name and address? 275 00:11:01,050 --> 00:11:02,360 Don't you need a birth certificate? 276 00:11:02,420 --> 00:11:05,530 Mmm, that or 200 bucks. Going rate for a phony. 277 00:11:05,590 --> 00:11:07,300 How many people had access to these blanks? 278 00:11:07,360 --> 00:11:09,930 Once upon a time, a scam like this was pretty widespread. 279 00:11:09,990 --> 00:11:12,370 Since 9/11, we started cracking down. 280 00:11:12,430 --> 00:11:14,600 People at the DMV got a little more careful. 281 00:11:14,670 --> 00:11:17,150 Funny how a few indictments will do that. 282 00:11:17,200 --> 00:11:19,370 You got anybody in particular we can talk to? 283 00:11:19,440 --> 00:11:22,710 The genius behind your guy's license is sitting in Rikers. 284 00:11:22,770 --> 00:11:25,880 Come on, I'm already going to do three years for this. 285 00:11:25,940 --> 00:11:28,860 Well, we might be able to turn those three years into a bullet. 286 00:11:28,910 --> 00:11:30,360 And that's City time. 287 00:11:30,410 --> 00:11:32,860 Save your wife a big train trip upstate. 288 00:11:32,920 --> 00:11:34,660 You talked to my lawyer? 289 00:11:34,850 --> 00:11:37,700 Well, if you help us out, it's a done deal. 290 00:11:39,290 --> 00:11:40,630 What do you want? 291 00:11:43,430 --> 00:11:44,770 Who is he? 292 00:11:57,610 --> 00:11:58,680 I want protection. 293 00:12:00,910 --> 00:12:02,360 Protection from who? 294 00:12:02,410 --> 00:12:04,050 You read the paper? 295 00:12:04,180 --> 00:12:06,960 You hear about the woman in Memphis, from the DMV? 296 00:12:07,450 --> 00:12:10,560 You mean the one who helped the 9/11 hijackers with their licenses? 297 00:12:10,750 --> 00:12:12,290 Burned her up in her car 298 00:12:12,360 --> 00:12:14,460 the day before she was supposed to testify. 299 00:12:14,520 --> 00:12:17,560 If your information checks out, we'll talk to the D.A. 300 00:12:22,870 --> 00:12:24,370 His name's Juseff. 301 00:12:24,430 --> 00:12:26,540 ED: Juseff? Not Joseph? 302 00:12:26,640 --> 00:12:28,620 I said Juseff, didn't I? 303 00:12:29,070 --> 00:12:31,020 The guy gave me a grand to set him up. 304 00:12:31,070 --> 00:12:32,550 I usually get 200. 305 00:12:32,610 --> 00:12:34,350 And that didn't ring any alarm bells? 306 00:12:34,410 --> 00:12:37,020 Well, he said he was here seeking asylum or something. 307 00:12:37,080 --> 00:12:38,960 Application got denied. 308 00:12:40,780 --> 00:12:42,890 Guy seemed pretty desperate. 309 00:12:46,690 --> 00:12:48,830 STAFFER: No Joseph or Juseff Haden. 310 00:12:49,390 --> 00:12:51,430 What if he wasn't using his real name? 311 00:12:51,500 --> 00:12:54,240 Can you look it up just under the name Juseff? 312 00:12:54,300 --> 00:12:55,440 A first name? 313 00:12:55,500 --> 00:12:58,070 How about people who applied for political asylum last year? 314 00:12:58,140 --> 00:12:59,740 Yeah. Just in the New York office. 315 00:12:59,800 --> 00:13:01,780 I guess I could do that. 316 00:13:01,840 --> 00:13:04,510 Narrows it down to 118 Juseffs. 317 00:13:04,570 --> 00:13:07,080 Okay. Our guy was denied. Mid-30s. 318 00:13:09,080 --> 00:13:10,680 Cuts it in half. 319 00:13:12,050 --> 00:13:14,860 I have a Juseff Haddad. 320 00:13:14,920 --> 00:13:16,590 Filed a year and a half ago. 321 00:13:16,650 --> 00:13:18,390 This look like him? 322 00:13:19,290 --> 00:13:21,060 Yeah. Exactly like him. 323 00:13:21,120 --> 00:13:23,200 Where's he from? STAFFER: Yemen national. 324 00:13:23,260 --> 00:13:25,430 Entered the country on a B1 visa. 325 00:13:25,500 --> 00:13:26,700 How did he get that? 326 00:13:26,760 --> 00:13:27,830 Tourist visa. 327 00:13:27,900 --> 00:13:30,040 That little stamp they put in your passport at the airport? 328 00:13:30,430 --> 00:13:32,110 How long's that good for? Six months. 329 00:13:32,170 --> 00:13:33,770 Our guy was in the city for almost two years. 330 00:13:33,840 --> 00:13:35,080 It's a problem. 331 00:13:35,140 --> 00:13:38,120 BRISCOE: On what grounds did he apply for asylum? 332 00:13:38,180 --> 00:13:39,420 Religious grounds. 333 00:13:39,480 --> 00:13:42,580 Apparently, he was an adherent of the Shi'a Muslim sect. 334 00:13:42,650 --> 00:13:43,750 Claimed he wasn't very well-liked 335 00:13:43,810 --> 00:13:46,260 by the Sunni Muslim majority, feared for his safety. 336 00:13:46,320 --> 00:13:48,660 Initial interview for asylum was denied. 337 00:13:48,720 --> 00:13:50,670 Yeah. When was this? 338 00:13:50,720 --> 00:13:52,500 Fourteen months ago. 339 00:13:52,720 --> 00:13:56,360 So, you're saying he was supposed to be deported over a year ago? 340 00:13:56,430 --> 00:13:58,670 INS was alerted. ED: What'd they do? 341 00:14:01,200 --> 00:14:03,910 Guy comes to the States, he's allowed to disappear 342 00:14:03,970 --> 00:14:05,740 and nobody does a damn thing about it. 343 00:14:05,800 --> 00:14:07,710 There's over eight million illegals in this country. 344 00:14:07,770 --> 00:14:09,080 What do you wanna round 'em all up? 345 00:14:09,140 --> 00:14:10,620 How about just the ones from Yemen? 346 00:14:10,670 --> 00:14:11,710 You can't start targeting people 347 00:14:11,780 --> 00:14:12,810 because of where they're from. 348 00:14:12,880 --> 00:14:14,820 Hey, take a look, partner. 349 00:14:14,880 --> 00:14:17,220 There's supposed to be two towers standing over there. 350 00:14:17,280 --> 00:14:18,450 Look, man, I know. 351 00:14:18,520 --> 00:14:19,620 But it's that kind of thinking that gets me 352 00:14:19,680 --> 00:14:21,630 pulled over on the Turnpike every other month. 353 00:14:21,690 --> 00:14:22,860 You forget I lived in the Middle East. 354 00:14:22,920 --> 00:14:25,060 Not every guy wearing a kufi is the enemy. 355 00:14:25,120 --> 00:14:27,120 I'd say a guy with a bogus ID 356 00:14:27,190 --> 00:14:30,540 and about 90 grand in the bank has got some potential. 357 00:14:30,590 --> 00:14:34,010 All right, man, so where do you wanna go to look for a terrorist? 358 00:14:37,430 --> 00:14:38,710 IMAM: Police and their questions 359 00:14:38,900 --> 00:14:42,010 have brought us enough problems, I don't want any more. 360 00:14:42,070 --> 00:14:44,110 Imam, this was a Muslim man that was murdered. 361 00:14:44,170 --> 00:14:46,620 All we're asking is for a little help to find his killer. 362 00:14:46,680 --> 00:14:48,420 Four men from this mosque 363 00:14:48,480 --> 00:14:51,520 have been held for months by police only seeking help. 364 00:14:51,920 --> 00:14:55,450 Look, he lived nearby, we know he was a religious man. 365 00:14:55,520 --> 00:14:57,060 We just want you to take a look at this picture. 366 00:14:57,850 --> 00:14:59,770 And then will you leave? 367 00:15:02,090 --> 00:15:03,540 You know him? 368 00:15:03,590 --> 00:15:04,590 It's Juseff. 369 00:15:05,260 --> 00:15:07,640 He attended prayer services here. 370 00:15:08,230 --> 00:15:09,470 How did it happen? 371 00:15:09,530 --> 00:15:11,810 Somebody set fire to his place. 372 00:15:11,870 --> 00:15:13,110 Dear God. 373 00:15:13,170 --> 00:15:14,910 He was going under a false name. 374 00:15:14,970 --> 00:15:17,010 He was in this country illegally. 375 00:15:17,070 --> 00:15:19,140 Neighbors said he had men who came to visit him. 376 00:15:19,210 --> 00:15:20,810 Now, maybe from this mosque. 377 00:15:20,880 --> 00:15:23,190 IMAM: Then why don't you try talking to people who hate us, 378 00:15:23,250 --> 00:15:25,120 who've already made threats against us? 379 00:15:25,180 --> 00:15:26,860 Who would that be? 380 00:15:29,450 --> 00:15:30,990 Imam, if you know something, 381 00:15:31,050 --> 00:15:33,660 it would be the right thing to tell us. 382 00:15:35,430 --> 00:15:37,670 There was some information about Juseff that came out. 383 00:15:38,460 --> 00:15:40,070 What sort of information? 384 00:15:40,130 --> 00:15:42,340 On the Internet. At a website, 385 00:15:42,400 --> 00:15:45,140 along with articles about other Arab men. 386 00:15:45,200 --> 00:15:47,980 After that happened, Juseff stayed away. 387 00:15:50,210 --> 00:15:52,350 Check this out. "Guerrillas in our midst 388 00:15:52,410 --> 00:15:54,950 "and the failure of the US Government to stop them." 389 00:15:55,010 --> 00:15:57,320 Byline, Adam Teague for The Shadow Report. 390 00:15:57,380 --> 00:15:58,720 Oh, no! Could it be true? 391 00:15:58,780 --> 00:15:59,820 This is a rag, man. 392 00:15:59,880 --> 00:16:01,490 It's designed to scare the hell out of us. 393 00:16:01,550 --> 00:16:04,400 Well, whatever it is, it seems to be working. 394 00:16:04,450 --> 00:16:06,090 Hits on this guy's website 395 00:16:06,160 --> 00:16:08,330 have tripled in the last 12 months. 396 00:16:08,390 --> 00:16:10,100 According to this, the country's full 397 00:16:10,160 --> 00:16:12,770 of fifth column spies from Arabic states. 398 00:16:12,830 --> 00:16:16,640 Quote "Nelfi Sa'ad, recent art history grad at City College 399 00:16:16,700 --> 00:16:19,580 "switched to a degree as a structural engineer. 400 00:16:19,640 --> 00:16:22,080 "Anybody care to guess why?" 401 00:16:22,140 --> 00:16:23,880 What's the harm in looking into it? 402 00:16:23,940 --> 00:16:26,080 If we'd a been a little more alert the first time, 403 00:16:26,140 --> 00:16:27,850 maybe there wouldn't have been a first time. 404 00:16:27,910 --> 00:16:29,150 I switched my major twice in college. 405 00:16:29,210 --> 00:16:30,320 That make me a terrorist? 406 00:16:30,380 --> 00:16:32,360 No. But you don't fit the profile. 407 00:16:32,420 --> 00:16:34,590 The dirty little secret of law enforcement. 408 00:16:34,650 --> 00:16:36,430 I swear, if people start to believe this stuff, 409 00:16:36,490 --> 00:16:38,090 somebody's gonna get killed. 410 00:16:38,150 --> 00:16:40,600 BRISCOE: Maybe somebody already has. 411 00:16:40,660 --> 00:16:43,660 "Another loyal reader has provided firsthand accounts 412 00:16:43,730 --> 00:16:47,170 "that show Joseph Haden, real name a mystery, 413 00:16:47,260 --> 00:16:49,400 "of 225 Stanton Street, 414 00:16:49,470 --> 00:16:52,500 "is a Middle Eastern radical here in New York illegally. 415 00:16:52,570 --> 00:16:54,850 "Although proper authorities have been warned, 416 00:16:54,910 --> 00:16:58,010 "Haden remains a free man at this moment. 417 00:16:58,110 --> 00:16:59,550 "Who will stop him?" 418 00:16:59,740 --> 00:17:02,020 That's practically begging somebody to take him out. 419 00:17:02,080 --> 00:17:04,490 Maybe that was the idea all along. 420 00:17:08,350 --> 00:17:09,560 TEAGUE: Now you guys want to talk? 421 00:17:09,620 --> 00:17:10,650 Where were you when I first published? 422 00:17:10,720 --> 00:17:12,130 When Haden was walking around a free man? 423 00:17:12,190 --> 00:17:13,460 We're not subscribers. 424 00:17:13,520 --> 00:17:14,800 Well, get on the bus, Detective. 425 00:17:14,860 --> 00:17:16,930 I am out there trying to make your jobs easier. 426 00:17:16,990 --> 00:17:18,400 Oh, and just how are you doing that? 427 00:17:18,460 --> 00:17:19,700 You think the liberal mainstream wusses 428 00:17:19,760 --> 00:17:21,610 are going to print names and addresses? 429 00:17:21,670 --> 00:17:23,170 We all know what's going on. 430 00:17:23,230 --> 00:17:24,940 Everybody's so worried about offending Arabs. 431 00:17:25,000 --> 00:17:27,070 They're being singled out, they have their rights, too. 432 00:17:27,140 --> 00:17:29,550 This is the first war where we don't want to hurt anyone's feelings. 433 00:17:29,610 --> 00:17:30,880 Just get rid of 'em all, huh? 434 00:17:30,940 --> 00:17:32,720 You sit next to one on a plane yet? 435 00:17:32,780 --> 00:17:36,420 Tell me you didn't watch when he got up to use the bathroom. 436 00:17:36,480 --> 00:17:39,150 We just want to know where you got the information on this man. 437 00:17:40,250 --> 00:17:41,850 You'd be amazed at the sources I have. 438 00:17:41,920 --> 00:17:43,490 You know, it's funny how your sources 439 00:17:43,550 --> 00:17:45,360 turn up terrorists the FBI missed. 440 00:17:45,420 --> 00:17:47,730 Hey, don't blame the Bureau. Their hands are tied. 441 00:17:47,790 --> 00:17:49,360 Bunch of civil rights do-gooders say 442 00:17:49,430 --> 00:17:51,840 all interviews of young Arab men must be voluntary. 443 00:17:51,900 --> 00:17:53,880 (SCOFFS) Excuse me. "Mr. Capone, would you mind coming in 444 00:17:53,930 --> 00:17:55,270 "and make a full confession?" 445 00:17:55,330 --> 00:17:57,780 Your article led the killer to Haden. 446 00:17:57,830 --> 00:17:59,340 I just put the information out there. 447 00:17:59,400 --> 00:18:02,180 You gave up his address. What, were you hoping, a visitor would drop by? 448 00:18:02,240 --> 00:18:04,450 Which brings us back to how you got it. 449 00:18:04,510 --> 00:18:05,710 Nice try. 450 00:18:05,780 --> 00:18:07,220 You've heard of the journalists' Shield Law? 451 00:18:07,280 --> 00:18:09,050 Says I don't have to tell you who my source is. 452 00:18:09,110 --> 00:18:10,280 Hey, you heard of a subpoena? 453 00:18:10,350 --> 00:18:11,450 'Cause we can get one. 454 00:18:11,510 --> 00:18:14,120 You do that. I'll just add it to my collection. 455 00:18:16,390 --> 00:18:18,800 BRISCOE: Article indicates the authorities were notified. 456 00:18:18,860 --> 00:18:20,130 If we were, I'll find it. 457 00:18:20,190 --> 00:18:22,430 How many reports you get like this since 9/11? 458 00:18:22,490 --> 00:18:25,060 We actually stopped counting after 500,000. 459 00:18:25,130 --> 00:18:26,330 When did you say this was filed? 460 00:18:26,400 --> 00:18:28,380 It was three months ago. 461 00:18:28,600 --> 00:18:30,840 Last name Haden? Here it is. 462 00:18:31,270 --> 00:18:35,040 Joseph Haden. Tip called in by one Frank Miller. 463 00:18:35,110 --> 00:18:36,240 And what do you got on him? 464 00:18:36,310 --> 00:18:37,940 Address and phone number. 465 00:18:38,070 --> 00:18:40,350 I love it when they make it easy like that. 466 00:18:40,410 --> 00:18:41,650 Yeah. I'll print you a copy. 467 00:18:41,710 --> 00:18:43,190 ED: Was there any investigation on the tip? 468 00:18:43,250 --> 00:18:46,190 Of sorts. We listed it low priority. 469 00:18:46,250 --> 00:18:48,860 Look, guy's from Yemen, fake name, fake ID, 470 00:18:48,920 --> 00:18:50,590 that's low priority these days? 471 00:18:50,650 --> 00:18:52,460 We looked into Miller's allegations. 472 00:18:52,520 --> 00:18:55,230 Nothing panned out, so we notified the INS. 473 00:18:55,290 --> 00:18:58,300 Look, you wanna critique the operations, get in line. 474 00:18:58,360 --> 00:19:01,070 You want Miller's address, here it is. 475 00:19:01,130 --> 00:19:02,300 Thanks. 476 00:19:02,530 --> 00:19:05,140 Join the FBI, learn to pass the buck. 477 00:19:07,570 --> 00:19:09,570 You guys aren't gonna smash this place up now, are you? 478 00:19:09,640 --> 00:19:12,920 Oh, don't worry, search doesn't always mean destroy. 479 00:19:13,780 --> 00:19:17,220 The mail's recent. He's been here since Haddad's murder. 480 00:19:18,520 --> 00:19:20,960 Hey, Ed, look at this. 481 00:19:22,650 --> 00:19:24,330 Is that a scanner? Mmm-hmm. 482 00:19:24,790 --> 00:19:27,790 Looks like Haddad had his own little fan club. 483 00:19:28,630 --> 00:19:30,730 BRISCOE: Ah, this guy's a soldier. 484 00:19:31,630 --> 00:19:32,730 Combat Unit. 485 00:19:32,800 --> 00:19:34,670 I heard him say he served in Desert Storm. 486 00:19:34,730 --> 00:19:37,270 Yeah? Well, he's got the hardware to prove it. 487 00:19:37,330 --> 00:19:38,540 SUPERINTENDANT: What the hell is that? 488 00:19:38,600 --> 00:19:40,080 It ain't a starter pistol. 489 00:19:40,140 --> 00:19:42,670 Looks like maybe Miller was fighting his own little war 490 00:19:42,740 --> 00:19:44,450 on the home front. 491 00:19:47,680 --> 00:19:51,090 Apparently, Miller had been stalking Haden for quite some time. 492 00:19:51,150 --> 00:19:53,860 Dates, times, visits to the mosque. 493 00:19:53,920 --> 00:19:55,920 He knew this man's schedule down to the minute. 494 00:19:55,990 --> 00:19:59,020 Do we have a working theory for how Haddad entered Miller's radar? 495 00:19:59,090 --> 00:20:01,830 Miller's FBI report came on the heels of the website article 496 00:20:01,890 --> 00:20:05,070 featuring Joseph Haden, aka Juseff Haddad, 497 00:20:05,130 --> 00:20:08,080 as one of thousands of Arab terrorists living among us. 498 00:20:08,130 --> 00:20:09,130 How about finding the person 499 00:20:09,200 --> 00:20:10,680 who brought Haddad to Teague's attention? 500 00:20:11,270 --> 00:20:13,370 You think Teague's source might know where Miller's located? 501 00:20:16,540 --> 00:20:19,020 You know, Briscoe and Green tried to rattle Teague's cage 502 00:20:19,080 --> 00:20:21,610 with a subpoena, but he thinks he can hide behind the Shield Law. 503 00:20:21,680 --> 00:20:24,490 Maybe from a subpoena. Not from a warrant. 504 00:20:25,380 --> 00:20:27,230 Mr. Teague isn't gonna like this. 505 00:20:27,280 --> 00:20:29,890 Oh, that's okay. The judge sort of said it would be all right. 506 00:20:29,950 --> 00:20:32,870 Well, then, Mr. Teague's lawyer isn't gonna like this. 507 00:20:32,920 --> 00:20:34,920 What the hell do you think you guys are doing? 508 00:20:34,990 --> 00:20:36,440 This is a newsroom. 509 00:20:36,490 --> 00:20:38,230 It's not some crack house you can just barge into. 510 00:20:38,290 --> 00:20:39,670 Mr. Teague, stand aside. 511 00:20:39,730 --> 00:20:42,230 I asked you... Hey! Don't make me restrain you. 512 00:20:44,600 --> 00:20:46,550 Whoa, a file marked "Haden"? 513 00:20:46,600 --> 00:20:47,880 That's source material. 514 00:20:47,940 --> 00:20:50,780 Oh. We got audio tapes, transcripts... 515 00:20:50,840 --> 00:20:53,220 Well, now we know what Miller's scanner was used for. 516 00:20:53,280 --> 00:20:55,050 Good morning, Yemen. 517 00:20:57,550 --> 00:20:59,580 Teague's files on Haddad were stocked 518 00:20:59,650 --> 00:21:02,150 with information and documents from Miller. 519 00:21:02,220 --> 00:21:05,630 So, Miller didn't learn about Haddad from Teague's website, 520 00:21:05,690 --> 00:21:07,100 Miller was the source himself. 521 00:21:07,160 --> 00:21:09,600 He illegally monitored telephone conversations 522 00:21:09,660 --> 00:21:12,330 between Haddad and unidentified Arabic-speakers 523 00:21:12,600 --> 00:21:14,010 with a VHF scanner. 524 00:21:14,060 --> 00:21:15,570 I thought the police write-up indicated 525 00:21:15,630 --> 00:21:16,940 Haddad didn't have a phone. 526 00:21:17,000 --> 00:21:19,610 Audio technicians think Haddad was using a cell phone. 527 00:21:20,500 --> 00:21:21,540 Have you tracked that down? 528 00:21:21,600 --> 00:21:23,080 Probably went up in the fire. 529 00:21:23,140 --> 00:21:24,280 LEWIN: What about the phone records? 530 00:21:24,340 --> 00:21:25,440 Nothing so far. 531 00:21:25,580 --> 00:21:27,520 You know, if Haddad was staying true to form, 532 00:21:27,580 --> 00:21:29,820 the phone was probably one with preloaded hours. 533 00:21:29,880 --> 00:21:31,150 No account number. 534 00:21:31,210 --> 00:21:33,090 There was also a reference to a wire transfer 535 00:21:33,150 --> 00:21:35,930 for a large sum of money from a Swiss bank account. 536 00:21:35,990 --> 00:21:38,660 McCOY: Haddad claimed he had been forced to leave his country. 537 00:21:38,720 --> 00:21:40,430 A Swiss account may have been the only way 538 00:21:40,490 --> 00:21:41,870 to take his life savings with him. 539 00:21:41,930 --> 00:21:44,960 Still, you have to admit, coupled with his attempt to hide who he was, 540 00:21:45,030 --> 00:21:46,940 it's pretty suspicious circumstances. 541 00:21:47,000 --> 00:21:48,480 Even if it is, 542 00:21:48,530 --> 00:21:51,640 suspicious circumstances can't condemn a man to death. 543 00:21:51,700 --> 00:21:53,540 LEWIN: Do we have any idea where Miller is? 544 00:21:53,600 --> 00:21:54,780 Right now, it's anybody's guess. 545 00:21:54,840 --> 00:21:56,510 Plus, this guy is Special Forces. 546 00:21:56,940 --> 00:21:59,280 Then let's talk to the people who trained him. 547 00:22:00,480 --> 00:22:02,960 Frank Miller joined Special Forces in '89, 548 00:22:03,010 --> 00:22:04,860 had advanced weapons training. 549 00:22:04,910 --> 00:22:06,990 Transferred to Army Intelligence. 550 00:22:07,050 --> 00:22:08,430 What did he do for them? 551 00:22:09,050 --> 00:22:11,120 Surveillance and covert operations. 552 00:22:11,190 --> 00:22:14,030 Seems like you may have taught him a little too well. 553 00:22:14,090 --> 00:22:17,090 Well, there's no question Lieutenant Miller was a bit of a cowboy. 554 00:22:17,160 --> 00:22:18,830 That's one of the reasons we let him go. 555 00:22:18,900 --> 00:22:21,170 I was under the impression he resigned his commission. 556 00:22:23,300 --> 00:22:26,180 Passed over twice for promotion, he got the message. 557 00:22:26,240 --> 00:22:27,650 Which was? 558 00:22:27,700 --> 00:22:29,010 Let's just say he didn't see eye-to-eye 559 00:22:29,070 --> 00:22:31,990 with department policy regarding the end of the Gulf conflict. 560 00:22:32,040 --> 00:22:34,540 He wanted to finish Saddam off right then and there. 561 00:22:34,610 --> 00:22:36,960 Can't say everyone around here disagreed with him either. 562 00:22:37,150 --> 00:22:39,320 Do you have any idea how we can track him down, Major? 563 00:22:39,380 --> 00:22:40,830 Check with local V.A. hospitals. 564 00:22:41,350 --> 00:22:42,890 When Miller came home from Desert Storm, 565 00:22:42,950 --> 00:22:44,360 he came home pretty sick. 566 00:22:48,190 --> 00:22:49,830 CLERK: I'm usually pretty good with faces, 567 00:22:50,160 --> 00:22:51,900 but him I don't recognize. 568 00:22:51,960 --> 00:22:53,670 Are you sure he came to this pharmacy? 569 00:22:53,730 --> 00:22:56,680 According to the V.A., he would've been here about a week ago. 570 00:22:56,730 --> 00:22:58,770 Let me check our invoices. 571 00:23:00,200 --> 00:23:01,380 (COMPUTER BEEPS) 572 00:23:01,440 --> 00:23:02,710 Miller, Frank. 573 00:23:02,970 --> 00:23:05,610 We filled the prescription last Wednesday, actually. 574 00:23:05,680 --> 00:23:07,590 But you don't recognize him? 575 00:23:07,640 --> 00:23:10,750 Oh, that's because he used our delivery service. 576 00:23:15,020 --> 00:23:16,160 Freeze! 577 00:23:16,220 --> 00:23:17,320 Who the hell are you? 578 00:23:17,390 --> 00:23:18,700 Keep your hands where they are! 579 00:23:18,760 --> 00:23:20,790 Where's Frank Miller? I have no idea. 580 00:23:20,860 --> 00:23:23,740 That's a lie. He had a prescription delivered here last week. 581 00:23:24,990 --> 00:23:27,840 Ed, looks like surveillance tapes. 582 00:23:28,430 --> 00:23:30,270 Haddad's name's all over them. 583 00:23:30,330 --> 00:23:31,740 Where did you get these? BOB: They're Frank's. 584 00:23:31,830 --> 00:23:33,510 I've been doing some translations for him. 585 00:23:33,570 --> 00:23:34,670 What's on these tapes? 586 00:23:34,740 --> 00:23:36,440 Just chatter, conversation. 587 00:23:36,510 --> 00:23:37,880 Look, I really don't know anything. 588 00:23:38,810 --> 00:23:40,080 Why you? 589 00:23:40,280 --> 00:23:41,850 It's how I make my living. 590 00:23:41,910 --> 00:23:43,450 I was a communications specialist 591 00:23:43,510 --> 00:23:45,290 in Frank's outfit before my accident. 592 00:23:45,350 --> 00:23:46,760 Look, what... What's going on? 593 00:23:46,820 --> 00:23:48,450 Your buddy's in a lot of trouble. 594 00:23:48,520 --> 00:23:49,590 BOB: For what? 595 00:23:49,650 --> 00:23:51,960 That guy he was spying on is dead. 596 00:23:52,020 --> 00:23:53,020 Oh, my God. 597 00:23:53,090 --> 00:23:54,120 ED: When's he coming back? 598 00:23:54,190 --> 00:23:55,670 I don't know. 599 00:23:55,730 --> 00:23:58,670 You know how tough prison can be in a wheelchair? 600 00:23:58,830 --> 00:23:59,860 (SIGHS) 601 00:23:59,930 --> 00:24:02,070 Frank's not coming back here. 602 00:24:02,670 --> 00:24:05,410 Look, he was here a few days ago. 603 00:24:06,240 --> 00:24:08,340 He told me to send everything to this Internet guy. 604 00:24:08,400 --> 00:24:11,080 Tape originals, transcripts, copies, everything. 605 00:24:11,140 --> 00:24:12,310 And what's this guy's name? 606 00:24:12,640 --> 00:24:13,640 (SIGHS) 607 00:24:14,110 --> 00:24:15,280 Adam Teague. 608 00:24:16,910 --> 00:24:18,320 We'll see ourselves in. 609 00:24:18,380 --> 00:24:19,860 I'm on a deadline, I can't talk now. 610 00:24:19,920 --> 00:24:21,330 Adam Teague, you're under arrest 611 00:24:21,380 --> 00:24:22,800 for conspiracy to commit murder. 612 00:24:22,850 --> 00:24:24,630 That's ridiculous! The murder of who? 613 00:24:24,690 --> 00:24:26,430 Joseph Haden. (GROANS) Haden my ass. 614 00:24:26,490 --> 00:24:27,730 You mean, Juseff Haddad. 615 00:24:27,790 --> 00:24:29,030 You have the right to remain silent. 616 00:24:29,090 --> 00:24:30,090 Don't you people understand? 617 00:24:30,160 --> 00:24:32,230 These people are here They're waiting for us. Please remain silent. 618 00:24:32,300 --> 00:24:33,270 They're waiting for orders to destroy us! 619 00:24:33,330 --> 00:24:34,470 You have the right to an attorney... 620 00:24:34,530 --> 00:24:36,410 You should be glad there's someone like me looking out for us. 621 00:24:36,470 --> 00:24:38,210 Look at my face, I'm ecstatic. 622 00:24:41,270 --> 00:24:43,310 I'm being punished for trying to tell the truth. 623 00:24:43,570 --> 00:24:46,920 You can come down from your soap box, Mr. Teague. 624 00:24:46,980 --> 00:24:49,150 You're being prosecuted for participating 625 00:24:49,210 --> 00:24:52,190 in a conspiracy leading to a man's death. 626 00:24:52,250 --> 00:24:55,490 You're forgetting that a murder conspiracy charge requires an overt act. 627 00:24:55,550 --> 00:24:57,030 Which we can make out through your client's 628 00:24:57,090 --> 00:24:58,860 financial assistance to Frank Miller. 629 00:24:58,920 --> 00:25:01,490 And his acceptance of Miller's tapes. 630 00:25:01,820 --> 00:25:03,740 The First Amendment doesn't shield a journalist 631 00:25:04,160 --> 00:25:06,900 from accomplice liability after the fact. 632 00:25:06,960 --> 00:25:09,380 Even if my client did pay for the tapes and accept them, 633 00:25:09,430 --> 00:25:11,540 you still have to prove he knew Miller would kill this man. 634 00:25:11,600 --> 00:25:13,710 You financed Miller's operation, 635 00:25:13,770 --> 00:25:15,550 you shared information. 636 00:25:15,610 --> 00:25:18,020 You can't put a murder in motion 637 00:25:18,070 --> 00:25:20,450 and then claim you had nothing to do with it when it happens. 638 00:25:20,510 --> 00:25:22,680 I'm a reporter. I didn't put anything in motion. 639 00:25:22,750 --> 00:25:24,050 Well, then maybe you can explain 640 00:25:24,110 --> 00:25:26,650 what you and Miller talked about the day of Haddad's murder? 641 00:25:26,980 --> 00:25:28,490 McCOY: I don't think a jury will have much trouble 642 00:25:28,550 --> 00:25:31,860 concluding it was a call about Juseff Haddad. 643 00:25:33,690 --> 00:25:35,170 You didn't care what you published, 644 00:25:36,060 --> 00:25:38,300 what it meant to Juseff Haddad. 645 00:25:42,470 --> 00:25:44,410 What do you think it meant? 646 00:25:44,870 --> 00:25:47,370 The money, hiding who he was... 647 00:25:48,040 --> 00:25:49,310 So, you invited Frank Miller 648 00:25:49,370 --> 00:25:51,510 to take matters into his own hands. 649 00:25:51,570 --> 00:25:54,180 Look, I never meant for him to kill anyone. 650 00:25:54,240 --> 00:25:56,620 Miller was all wound up talking about 9111, 651 00:25:56,680 --> 00:25:58,020 how Haddad had to be stopped. 652 00:25:58,080 --> 00:25:59,490 He said that no one at the FBI would listen 653 00:25:59,550 --> 00:26:00,890 because we just didn't have the goods. 654 00:26:01,150 --> 00:26:03,220 And you don't pick up the phone to warn anyone? 655 00:26:03,450 --> 00:26:06,590 No. Not after I talked to my source in the State Department. 656 00:26:06,660 --> 00:26:10,600 See, Miller had been monitoring Haddad's overseas calls. 657 00:26:11,230 --> 00:26:12,570 In some of the conversations, 658 00:26:12,630 --> 00:26:14,370 he talked about bringing his family here. 659 00:26:14,430 --> 00:26:16,030 A wife, a child. 660 00:26:16,600 --> 00:26:22,210 The day he got killed, I found out that Haddad had no wife, no kid. 661 00:26:23,540 --> 00:26:25,450 He had no family at all. 662 00:26:28,440 --> 00:26:30,390 It was all code. 663 00:26:35,420 --> 00:26:37,420 And you told Miller that? 664 00:26:38,860 --> 00:26:41,860 I wanted Frank to know that he'd done his job. 665 00:26:41,920 --> 00:26:43,670 That we could go to the FBI. 666 00:26:43,730 --> 00:26:44,930 That... That they'd have no choice now. 667 00:26:44,990 --> 00:26:47,800 But he just wouldn't listen to reason. 668 00:26:52,070 --> 00:26:53,950 What's on the table here? 669 00:26:56,110 --> 00:26:59,880 If he's willing to testify and tell us where Miller is, 670 00:27:01,910 --> 00:27:05,090 I'd be willing to consider a negligent homicide charge. 671 00:27:06,880 --> 00:27:08,490 I was only doing my job. 672 00:27:08,890 --> 00:27:11,990 You lit a fuse you couldn't put out, Mr. Teague. 673 00:27:21,500 --> 00:27:22,600 Get down! Down on your knees! 674 00:27:22,670 --> 00:27:24,010 Get down! On your knees! 675 00:27:24,070 --> 00:27:25,550 Down. Down. Clear. 676 00:27:26,140 --> 00:27:27,510 We're all clear, Detectives. 677 00:27:27,570 --> 00:27:28,670 Frank Miller, you're under arrest 678 00:27:28,740 --> 00:27:30,220 for the murder of Juseff Haddad. 679 00:27:30,270 --> 00:27:31,750 On your feet! 680 00:27:31,940 --> 00:27:33,110 I didn't murder anyone. 681 00:27:33,180 --> 00:27:35,180 Oh, yeah? There's somebody down at the M.E.'s office 682 00:27:35,240 --> 00:27:37,420 doing a pretty good impression of a dead guy. 683 00:27:37,480 --> 00:27:39,650 You have the right to remain silent. Anything you say... 684 00:27:43,420 --> 00:27:46,130 "Docket 2508, People v. Miller, 685 00:27:46,190 --> 00:27:48,030 "one count murder in the second degree, 686 00:27:48,090 --> 00:27:50,830 "one count arson in the first degree." 687 00:27:50,890 --> 00:27:53,030 Counselor, does your client wish to enter a plea? 688 00:27:53,100 --> 00:27:54,440 HASTINGS: Your Honor, my client refuses 689 00:27:54,500 --> 00:27:57,480 to recognize the jurisdiction of this court. 690 00:27:58,370 --> 00:28:00,970 Is your client in need of a psych exam, Mr. Hastings? 691 00:28:01,070 --> 00:28:03,610 I'm not crazy. I served in Desert Storm. 692 00:28:03,670 --> 00:28:05,910 I've been wounded in battle defending my nation. 693 00:28:05,980 --> 00:28:07,250 I received a Bronze Star. 694 00:28:07,310 --> 00:28:09,790 The defendant's military record is irrelevant, Your Honor. 695 00:28:10,110 --> 00:28:12,460 Irrelevant? I have devoted my life 696 00:28:12,520 --> 00:28:14,260 to the defense of my country. 697 00:28:14,320 --> 00:28:16,130 Killing the enemy is not murder. 698 00:28:16,190 --> 00:28:17,820 Counselor, you might want to remind your client 699 00:28:17,890 --> 00:28:20,130 that anything he says in this courtroom can be used against him. 700 00:28:20,190 --> 00:28:21,360 It is our position 701 00:28:21,420 --> 00:28:23,230 that any acts Lieutenant Miller may have committed, 702 00:28:23,290 --> 00:28:26,100 he did so in the capacity of a soldier during wartime. 703 00:28:26,300 --> 00:28:28,470 A soldier in whose army under whose orders? 704 00:28:28,760 --> 00:28:30,840 JUDGE: I think I'll let the trial court sort that one out. 705 00:28:30,900 --> 00:28:33,940 He also demands an immediate and unconditional release. 706 00:28:34,000 --> 00:28:35,910 Now that one I can decide on my own. 707 00:28:35,970 --> 00:28:38,080 Defendant's application for release is denied. 708 00:28:38,140 --> 00:28:39,410 Defendant is hereby remanded. 709 00:28:41,380 --> 00:28:42,910 I'll take care of it, all right? 710 00:28:45,880 --> 00:28:48,420 My client relies on the statements of the Attorney General 711 00:28:48,480 --> 00:28:50,690 that terrorists are illegal combatants. 712 00:28:50,750 --> 00:28:52,760 Which has no bearing on acts of murder 713 00:28:52,820 --> 00:28:54,320 committed in New York City. 714 00:28:54,390 --> 00:28:56,670 Haddad's legal status has every bearing. 715 00:28:56,730 --> 00:28:59,640 Judge, according to the highest law enforcement official 716 00:28:59,700 --> 00:29:00,700 in this land, 717 00:29:00,760 --> 00:29:04,300 illegal combatants are subject to summary execution. 718 00:29:04,370 --> 00:29:06,010 As far as I know, that determination 719 00:29:06,070 --> 00:29:08,410 hasn't been limited to a particular geography. 720 00:29:08,470 --> 00:29:10,380 But clearly it's limited to battle, 721 00:29:10,440 --> 00:29:11,920 and under exigent circumstances. 722 00:29:11,970 --> 00:29:14,510 Which is exactly what my client was facing. 723 00:29:14,580 --> 00:29:17,020 A terrorist about to attack this country. 724 00:29:17,310 --> 00:29:18,920 He murdered a man. 725 00:29:18,980 --> 00:29:20,220 He used the skills and training 726 00:29:20,280 --> 00:29:21,890 his country gave him and he acted. 727 00:29:21,950 --> 00:29:25,960 By setting an apartment on fire to cover his crime? 728 00:29:26,020 --> 00:29:28,590 Not exactly the actions of a soldier 729 00:29:28,660 --> 00:29:30,660 who thought what he'd done was right, Counselor. 730 00:29:31,190 --> 00:29:32,260 HASTINGS: Do you know what Haddad was doing 731 00:29:32,330 --> 00:29:33,810 at that garage he worked at? 732 00:29:33,860 --> 00:29:35,900 Learning how to drive 18 wheelers. 733 00:29:35,970 --> 00:29:38,170 They had a deal with a trucking company. 734 00:29:38,230 --> 00:29:40,110 That's why he wanted that driver's license so badly. 735 00:29:40,370 --> 00:29:41,910 McCOY: So we all turn our backs 736 00:29:41,970 --> 00:29:44,180 when a cold-blooded murder is committed? 737 00:29:44,370 --> 00:29:47,450 We do that, we turn into the very thing we're fighting. 738 00:29:47,510 --> 00:29:50,250 The word "terrorism" loses its meaning. 739 00:29:50,310 --> 00:29:51,550 I agree with Mr. McCoy. 740 00:29:51,610 --> 00:29:54,090 Your client is a civilian, not a soldier. 741 00:29:54,150 --> 00:29:55,860 All due respect, Your Honor, 742 00:29:55,920 --> 00:29:57,400 but we're all soldiers. 743 00:29:57,450 --> 00:30:00,130 Soldiers in a war against terrorism. 744 00:30:00,190 --> 00:30:02,860 I know this because CNN tells me so every day. 745 00:30:03,490 --> 00:30:06,410 The Homeland Secretary tells us we're all on yellow alert. 746 00:30:06,460 --> 00:30:08,810 That has to mean something more than just a color. 747 00:30:09,170 --> 00:30:10,870 If Juseff Haddad was indeed a terrorist, 748 00:30:10,930 --> 00:30:13,680 then my client was acting in defense of country. 749 00:30:13,740 --> 00:30:15,840 If you won't dismiss this case outright, 750 00:30:15,910 --> 00:30:17,980 at least let me raise this at trial. 751 00:30:18,040 --> 00:30:19,310 Motion to dismiss is denied. 752 00:30:19,580 --> 00:30:20,680 Judge... However, the defendant 753 00:30:20,740 --> 00:30:23,880 will be able to assert reasonable fear of imminent harm at trial. 754 00:30:23,980 --> 00:30:25,120 Your Honor... 755 00:30:25,180 --> 00:30:27,090 I said he could assert a claim, Mr. McCoy. 756 00:30:27,150 --> 00:30:29,250 None of us knows whether it'll fly. 757 00:30:35,260 --> 00:30:36,900 Acting in defense of country. 758 00:30:36,960 --> 00:30:39,130 He's asserting a clear and present danger. 759 00:30:39,200 --> 00:30:41,470 He's making up the law as he goes along. 760 00:30:41,530 --> 00:30:45,540 Illegal combatants military tribunals, a war on terrorism. 761 00:30:45,600 --> 00:30:47,510 We're all making it up as we go along. 762 00:30:47,570 --> 00:30:49,780 Justice isn't a moving target. 763 00:30:49,840 --> 00:30:51,550 We can't just forget the rule of law 764 00:30:51,610 --> 00:30:54,610 because we don't like who lays claim to it. 765 00:30:54,680 --> 00:30:55,750 The jury might bend a little 766 00:30:55,810 --> 00:30:58,160 when they find out who Haddad was. 767 00:30:58,210 --> 00:30:59,820 The FBI just faxed this over. 768 00:31:00,250 --> 00:31:01,520 They traced the source of the money 769 00:31:01,580 --> 00:31:04,390 in his Swiss bank account to a Sudanese charity. 770 00:31:04,450 --> 00:31:06,360 It's on a terrorist watch list. 771 00:31:06,420 --> 00:31:09,670 Which Miller couldn't have known about at the time. 772 00:31:09,730 --> 00:31:11,530 Which a jury definitely will know. 773 00:31:11,590 --> 00:31:13,730 Miller doesn't get the benefit of hindsight. 774 00:31:13,800 --> 00:31:18,250 He can't murder someone and then hope afterwards it turns out he was right. 775 00:31:18,370 --> 00:31:19,810 Only he was right. 776 00:31:19,870 --> 00:31:22,780 Based on what information at the time? What proof? 777 00:31:22,840 --> 00:31:25,680 The only thing that made Juseff Haddad a terrorist 778 00:31:25,740 --> 00:31:29,480 at the time of his murder was where he came from and who he talked to. 779 00:31:30,250 --> 00:31:32,850 The moment we agree to use a person's origin 780 00:31:33,250 --> 00:31:35,130 as a litmus test for terrorism 781 00:31:35,180 --> 00:31:37,630 is the moment the terrorism turns us into racists. 782 00:31:37,690 --> 00:31:39,960 LEWIN: Yeah, but you're forgetting there's a reality here. 783 00:31:40,020 --> 00:31:42,470 The reality of who attacked us. 784 00:31:42,530 --> 00:31:44,100 And where they're from. 785 00:31:44,160 --> 00:31:46,940 In World War ll we put Japanese-Americans into camps. 786 00:31:47,000 --> 00:31:49,600 I'm sure everyone concerned at the time 787 00:31:49,670 --> 00:31:51,040 thought it was right. 788 00:31:51,100 --> 00:31:53,600 But that didn't make it right, or legal. 789 00:31:53,670 --> 00:31:55,910 A jury who learns that Haddad was a terrorist 790 00:31:55,970 --> 00:31:58,650 will vote their fears, not their principles. 791 00:31:59,310 --> 00:32:01,790 It's our job to keep fear out of the courtroom. 792 00:32:03,380 --> 00:32:04,520 Only I think what we're saying is 793 00:32:04,580 --> 00:32:06,650 we're not sure that we can. 794 00:32:12,820 --> 00:32:14,890 McCOY: The audio tapes from which you made the transcriptions 795 00:32:14,960 --> 00:32:17,030 were given to you by the defendant? 796 00:32:17,090 --> 00:32:19,570 Frank told me he was doing surveillance work for the Army. 797 00:32:19,630 --> 00:32:21,200 But you knew that wasn't true? 798 00:32:21,260 --> 00:32:23,710 It was my out, in case Frank got caught. 799 00:32:24,130 --> 00:32:25,310 McCOY: Then the defendant understood that 800 00:32:25,370 --> 00:32:27,040 what he was doing was illegal? 801 00:32:27,100 --> 00:32:28,380 HASTINGS: Objection. 802 00:32:28,440 --> 00:32:29,780 Sustained. 803 00:32:29,840 --> 00:32:31,580 In the translations you made 804 00:32:31,640 --> 00:32:34,180 of Mr. Haddad's phone conversations, 805 00:32:34,240 --> 00:32:38,250 did you ever find any information proving that he was a terrorist? 806 00:32:38,710 --> 00:32:40,460 Nothing specific, no. 807 00:32:40,520 --> 00:32:42,720 What did you hear on those tapes? 808 00:32:42,790 --> 00:32:45,360 Mostly Haddad talked about his family, 809 00:32:45,420 --> 00:32:46,990 about bringing them to America. 810 00:32:47,060 --> 00:32:48,560 Did you tell this to the defendant? 811 00:32:48,620 --> 00:32:49,630 Yes. 812 00:32:49,790 --> 00:32:51,570 What was his reaction? 813 00:32:51,630 --> 00:32:54,230 Frank said that we should keep listening. 814 00:32:55,560 --> 00:32:57,810 That there had to be something. 815 00:33:06,410 --> 00:33:09,950 Find anything when you listened to these tapes, Sergeant? 816 00:33:10,010 --> 00:33:11,390 Anything suspicious at all? 817 00:33:11,880 --> 00:33:13,290 There were a lot of things. 818 00:33:13,350 --> 00:33:15,660 For one, there were references to money. 819 00:33:15,720 --> 00:33:17,160 What sort of references? 820 00:33:17,220 --> 00:33:19,170 Haddad kept assuring who he was talking to 821 00:33:19,220 --> 00:33:20,670 that things were in place. 822 00:33:20,720 --> 00:33:21,900 That he had access to money, 823 00:33:21,960 --> 00:33:23,300 that everything would be waiting. 824 00:33:23,360 --> 00:33:24,430 HASTINGS: Waiting? 825 00:33:24,490 --> 00:33:25,800 Like I said, there were references 826 00:33:25,860 --> 00:33:28,310 that others were gonna be coming over, his family. 827 00:33:29,230 --> 00:33:31,770 How did Lieutenant Miller react to all this? 828 00:33:31,830 --> 00:33:33,970 He thought Haddad was a sleeper. 829 00:33:34,300 --> 00:33:35,650 A sleeper? 830 00:33:35,940 --> 00:33:38,210 Someone here waiting for orders. 831 00:33:38,670 --> 00:33:40,240 Now, Joseph Haden, 832 00:33:40,310 --> 00:33:43,620 that's what the subject on the tape called himself. 833 00:33:43,950 --> 00:33:46,650 He kept his real name, Juseff Haddad, secret? 834 00:33:46,720 --> 00:33:48,160 As far as I know, yes. 835 00:33:48,450 --> 00:33:50,160 What about the phone he was using? 836 00:33:50,220 --> 00:33:53,000 It was a prepaid, untraceable cell phone. 837 00:33:53,820 --> 00:33:55,770 He had no telephone in his apartment? 838 00:33:55,830 --> 00:33:56,930 None. 839 00:33:57,790 --> 00:33:59,670 And he had a minimum wage job? 840 00:33:59,730 --> 00:34:01,230 Yes. I believe so. 841 00:34:01,300 --> 00:34:05,400 Are you aware that Juseff Haddad, or whatever his name was, 842 00:34:06,040 --> 00:34:08,680 had almost $90,000 in the bank? 843 00:34:09,070 --> 00:34:10,350 Objection. 844 00:34:10,410 --> 00:34:11,820 Overruled. 845 00:34:11,870 --> 00:34:14,250 I think Frank had access to his bank account. 846 00:34:14,310 --> 00:34:16,020 Are you also aware that Mohammed Atta, 847 00:34:16,080 --> 00:34:17,890 the man behind the 9/11 attacks 848 00:34:18,180 --> 00:34:20,520 also had a minimum wage job? Objection! 849 00:34:20,580 --> 00:34:22,620 And hundreds of thousands of dollars in the bank? 850 00:34:22,690 --> 00:34:23,930 Objection! Sustained. 851 00:34:23,990 --> 00:34:25,470 While he was planning to destroy the World Trade Center? 852 00:34:25,520 --> 00:34:28,870 Your Honor! Move on or be seated, Mr. Hastings. 853 00:34:32,230 --> 00:34:35,900 I think everything that needs to be said has just been said. 854 00:34:48,610 --> 00:34:50,390 Serena told me she saw heads nodding 855 00:34:50,450 --> 00:34:53,480 in the jury box during Hastings' cross. 856 00:34:54,850 --> 00:34:58,130 Fears in, common sense judgment goes out the window. 857 00:34:58,720 --> 00:35:02,230 You once told me that when people were afraid, 858 00:35:02,290 --> 00:35:04,130 they'd consider any means necessary 859 00:35:04,190 --> 00:35:06,570 in order to feel safe again. 860 00:35:06,630 --> 00:35:08,400 People can consider whatever they want. 861 00:35:08,460 --> 00:35:11,140 But fear is not a license to kill. 862 00:35:13,340 --> 00:35:17,810 What Miller did put everyone who lived in that building at risk. 863 00:35:18,870 --> 00:35:22,720 He acted as a vigilante, not in anyone's defense. 864 00:35:23,680 --> 00:35:25,630 Labels won't matter if there's an acquittal, Jack. 865 00:35:27,620 --> 00:35:29,530 He hasn't walked just yet. 866 00:35:29,590 --> 00:35:31,460 Yeah. But if he does... 867 00:35:31,990 --> 00:35:34,190 There's lunatics out there. 868 00:35:34,620 --> 00:35:36,230 They'll consider a not guilty verdict 869 00:35:36,290 --> 00:35:38,470 as the start of open season on Arabs. 870 00:35:41,230 --> 00:35:43,270 And the alternative is what? 871 00:35:43,330 --> 00:35:45,400 Make it go away. Offer him man one. 872 00:35:45,470 --> 00:35:47,570 If he takes it, the point's been made. 873 00:35:48,300 --> 00:35:49,910 I can't do that. 874 00:35:50,340 --> 00:35:51,880 Can't or won't? 875 00:35:53,780 --> 00:35:55,260 I'll withdraw from the case, if you want, 876 00:35:55,310 --> 00:35:56,790 and I'll understand the reason why, 877 00:35:56,850 --> 00:35:58,720 but I can't make a deal here. 878 00:35:59,350 --> 00:36:00,450 Why? 879 00:36:00,520 --> 00:36:01,960 Because of how easy it would be. 880 00:36:02,020 --> 00:36:05,090 Because of how much I personally want to do it. 881 00:36:06,520 --> 00:36:09,630 Miller's not on trial in this case, Nora, we are. 882 00:36:12,860 --> 00:36:14,930 How do we plea bargain that? 883 00:36:20,370 --> 00:36:22,940 Ten years' service in the Army. 884 00:36:23,110 --> 00:36:24,610 That's right. 885 00:36:24,670 --> 00:36:28,420 A Purple Heart, Bronze Star for valor. 886 00:36:30,050 --> 00:36:32,390 Your nation considers you a hero, Mr. Miller. 887 00:36:32,450 --> 00:36:34,050 I was just doing my duty. 888 00:36:34,120 --> 00:36:36,390 And your pursuit of Juseff Haddad? 889 00:36:36,450 --> 00:36:38,260 Something I also felt duty bound to do. 890 00:36:38,320 --> 00:36:39,530 As a patriot. 891 00:36:39,590 --> 00:36:40,860 And what made you feel that? 892 00:36:40,920 --> 00:36:43,200 Everything. Everything about him. 893 00:36:44,230 --> 00:36:45,930 The fact he was here illegally. 894 00:36:46,000 --> 00:36:47,840 The fact he used a false name 895 00:36:47,900 --> 00:36:49,600 actively concealed who he was. 896 00:36:49,670 --> 00:36:51,840 Couldn't he have simply been afraid of deportation? 897 00:36:51,900 --> 00:36:54,510 He was meeting other Arabs, men from his mosque. 898 00:36:55,000 --> 00:36:56,040 And he was going out of his way 899 00:36:56,110 --> 00:36:58,050 to make people think that he was poor, 900 00:36:58,110 --> 00:37:00,420 but he had $90,000 in the bank. 901 00:37:01,310 --> 00:37:03,790 An immigrant does everything to build a life. 902 00:37:04,550 --> 00:37:07,190 Haddad was doing everything to hide his. 903 00:37:08,280 --> 00:37:09,320 Anything else? 904 00:37:09,390 --> 00:37:10,660 He was getting calls from overseas 905 00:37:10,750 --> 00:37:12,390 on an untraceable cell phone. 906 00:37:12,450 --> 00:37:13,830 He was being told to get things ready. 907 00:37:13,890 --> 00:37:17,930 And over and over again, he talked about bringing his family here. 908 00:37:17,990 --> 00:37:20,170 And that had some significance for you? 909 00:37:20,560 --> 00:37:22,100 Well, from the conversation on these tapes, 910 00:37:22,160 --> 00:37:24,610 these people were supposed to be coming any day. 911 00:37:24,670 --> 00:37:27,550 But Haddad never did a thing to get his place ready. 912 00:37:28,040 --> 00:37:29,610 No beds, nothing. 913 00:37:30,770 --> 00:37:32,120 And what did you conclude? 914 00:37:32,170 --> 00:37:34,950 It was obvious "family" was code. 915 00:37:35,010 --> 00:37:37,350 Haddad was a terrorist, a sleeper. 916 00:37:37,710 --> 00:37:39,780 So you decided to stop him? 917 00:37:40,380 --> 00:37:43,420 Not till after the last phone call from Teague. 918 00:37:44,720 --> 00:37:46,530 And what did he tell you? 919 00:37:46,960 --> 00:37:51,270 He confirmed that Haddad had no family, no wife, no child 920 00:37:52,360 --> 00:37:54,140 and that I'd been right about the code. 921 00:37:54,200 --> 00:37:56,970 And only then did you act? 922 00:37:58,230 --> 00:38:00,510 I did what I was trained to do. 923 00:38:06,180 --> 00:38:08,120 Did what you were trained to do? That's right! 924 00:38:08,180 --> 00:38:11,620 On whose orders? Where was the chain of command in all this? 925 00:38:11,680 --> 00:38:12,720 You don't get it. 926 00:38:12,780 --> 00:38:15,790 Who verified the target before you took it on yourself to act? 927 00:38:15,850 --> 00:38:19,360 I just testified that Teague had confirmed Haddad had no family. 928 00:38:19,420 --> 00:38:20,660 Teague is a journalist. 929 00:38:20,720 --> 00:38:22,170 He had a source in the State Department. 930 00:38:22,220 --> 00:38:23,600 And there was no question in your mind 931 00:38:23,660 --> 00:38:25,040 that this source was reliable? 932 00:38:25,090 --> 00:38:26,160 None whatsoever. 933 00:38:26,230 --> 00:38:28,070 So you knew at that point. 934 00:38:28,130 --> 00:38:29,940 Juseff Haddad was a terrorist! 935 00:38:30,870 --> 00:38:31,940 Yes. 936 00:38:33,540 --> 00:38:35,450 Only you didn't call the FBI? 937 00:38:35,500 --> 00:38:37,950 The FBI ignored the warning signs. 938 00:38:38,910 --> 00:38:40,550 But you had new evidence. 939 00:38:40,610 --> 00:38:43,950 Surely with this proof the FBI would have had to act. 940 00:38:45,880 --> 00:38:47,190 Only you couldn't wait, could you? 941 00:38:47,380 --> 00:38:48,830 I didn't think so, no. 942 00:38:48,880 --> 00:38:50,960 Or was it that you didn't want to? 943 00:38:51,020 --> 00:38:53,000 You knew that not a single dime 944 00:38:53,060 --> 00:38:54,830 of the money had been touched. 945 00:38:54,890 --> 00:38:58,130 That not a single contact had been made by Mr. Haddad. 946 00:38:58,190 --> 00:38:59,670 But you went there anyway, didn't you? 947 00:38:59,730 --> 00:39:02,000 Objection. You went there without a warrant, 948 00:39:02,060 --> 00:39:04,040 without benefit of any legal authority, 949 00:39:04,100 --> 00:39:05,870 intent on killing this man. 950 00:39:05,930 --> 00:39:07,570 HASTINGS: Objection! JUDGE: Overruled. 951 00:39:07,640 --> 00:39:11,080 I told you. I did what I was trained to do. 952 00:39:11,170 --> 00:39:13,980 When did the Army train you 953 00:39:14,510 --> 00:39:17,350 to kill an unarmed prisoner, Mr. Miller? 954 00:39:22,480 --> 00:39:26,020 When did the Army train you to risk civilian lives 955 00:39:26,090 --> 00:39:29,830 in an explosion designed to hide your crime? 956 00:39:30,530 --> 00:39:31,940 Osama bin Laden never thought 957 00:39:31,990 --> 00:39:33,740 the Towers would come down either, Mr. Miller. 958 00:39:33,800 --> 00:39:35,800 Your Honor! Strike that last comment. 959 00:39:35,860 --> 00:39:38,110 These people are here. 960 00:39:38,800 --> 00:39:40,870 The FBI knows it, the CIA. 961 00:39:40,940 --> 00:39:42,070 You must understand, 962 00:39:42,140 --> 00:39:45,410 if we don't kill them first, they will kill us. 963 00:39:45,470 --> 00:39:47,890 Which would make who the terrorist? 964 00:40:00,060 --> 00:40:02,900 You can defend your home, your family. 965 00:40:04,330 --> 00:40:06,100 Nobody'll question you, 966 00:40:06,160 --> 00:40:08,330 doubt the sincerity of your motives. 967 00:40:09,570 --> 00:40:12,510 But some attacks, you can't know who the victim will be 968 00:40:13,000 --> 00:40:14,950 or when the attack will come. 969 00:40:15,000 --> 00:40:16,710 Nobody could have imagined that 970 00:40:16,770 --> 00:40:18,380 a beautiful September morning 971 00:40:18,440 --> 00:40:21,580 could have been the prelude to so much death. 972 00:40:23,950 --> 00:40:26,520 Mr. McCoy would have us wait for proof 973 00:40:26,580 --> 00:40:29,030 before he'll allow us to defend ourselves. 974 00:40:29,750 --> 00:40:31,660 But sometimes proof comes too late. 975 00:40:33,390 --> 00:40:34,590 Frank Miller acted. 976 00:40:35,260 --> 00:40:37,400 Did what he was trained to do. 977 00:40:37,460 --> 00:40:38,900 Not for himself, 978 00:40:39,160 --> 00:40:42,340 but for you and for me. 979 00:40:43,930 --> 00:40:46,740 And no matter what the prosecutor tells you in this courtroom, 980 00:40:46,800 --> 00:40:49,440 the one thing he won't tell you is that Juseff Haddad 981 00:40:49,500 --> 00:40:51,710 wasn't here to harm us. 982 00:40:51,770 --> 00:40:55,410 If Haddad was a terrorist, then Frank Miller is a hero. 983 00:40:56,850 --> 00:40:59,420 If it really is a war we're fighting, 984 00:40:59,480 --> 00:41:02,790 if our country's survival really is at stake, 985 00:41:02,850 --> 00:41:05,490 then the rules of war have to apply. 986 00:41:07,560 --> 00:41:10,630 And you don't try a soldier for murder. 987 00:41:13,330 --> 00:41:16,430 Not if you want him to fight for you. 988 00:41:33,220 --> 00:41:34,590 (EXHALING) 989 00:41:34,650 --> 00:41:37,890 We all fear the threat of terrorism 990 00:41:37,950 --> 00:41:41,530 and the simple fact is that our lives have changed. 991 00:41:42,990 --> 00:41:45,230 But what we do with that fear 992 00:41:45,290 --> 00:41:48,330 will ultimately define who we are. 993 00:41:50,330 --> 00:41:52,140 Do we let it overwhelm us, 994 00:41:52,730 --> 00:41:57,050 until we become so consumed with dread of what might be 995 00:41:58,010 --> 00:42:00,950 that we no longer give thought to what should be? 996 00:42:01,840 --> 00:42:03,820 Or what we stand for? 997 00:42:05,010 --> 00:42:08,360 Being afraid can't justify murder. 998 00:42:11,990 --> 00:42:14,300 Nor can calling yourself a patriot. 999 00:42:16,730 --> 00:42:20,330 People in this country are innocent until proven guilty. 1000 00:42:22,160 --> 00:42:24,200 We've sent men off to die 1001 00:42:24,270 --> 00:42:26,140 in order to protect that right. 1002 00:42:26,200 --> 00:42:29,650 Don't let's be the first generation to succumb to fear. 1003 00:42:30,910 --> 00:42:33,350 Not when so many who came before us 1004 00:42:33,410 --> 00:42:34,910 stood their ground. 1005 00:42:37,150 --> 00:42:39,590 McCOY: When Frank Miller took on the role 1006 00:42:39,650 --> 00:42:42,290 of judge, jury and executioner, 1007 00:42:42,350 --> 00:42:45,330 his actions diminished us all. 1008 00:42:45,990 --> 00:42:47,800 When in our name, 1009 00:42:47,860 --> 00:42:50,430 he took it upon himself to kill a man, 1010 00:42:50,490 --> 00:42:53,770 we all lost a measure of our humanity. 1011 00:42:56,970 --> 00:42:59,670 But this jury has a chance to get it back. 1012 00:43:01,000 --> 00:43:02,450 Because this jury 1013 00:43:02,940 --> 00:43:05,420 has a chance to answer the question. 1014 00:43:07,680 --> 00:43:09,550 How much of ourselves as a country 1015 00:43:09,610 --> 00:43:12,090 are we willing to surrender to terrorism? 1016 00:43:30,430 --> 00:43:31,840 Has the jury reached a verdict? 1017 00:43:32,600 --> 00:43:34,510 Yes, we have, Your Honor. 1018 00:43:34,570 --> 00:43:36,450 As to the first count in the indictment, 1019 00:43:36,510 --> 00:43:39,680 murder in the second degree in the death of Juseff Haddad, 1020 00:43:39,740 --> 00:43:42,520 we find the defendant, Frank Miller, guilty. 1021 00:43:57,760 --> 00:43:59,740 Five days of jury deliberations. 1022 00:44:00,430 --> 00:44:02,840 Which means some of them were ready to acquit. 1023 00:44:03,330 --> 00:44:06,240 LEWIN: A minority may have given in to their fears for a moment. 1024 00:44:06,840 --> 00:44:08,180 But you were right, Jack. 1025 00:44:08,240 --> 00:44:09,720 They came to their senses. 1026 00:44:10,740 --> 00:44:12,580 I think the American dream is still safe. 1027 00:44:14,910 --> 00:44:16,820 Give us your tired, your poor, 1028 00:44:17,780 --> 00:44:19,280 your terrorists. 80828

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