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NARRATOR:
In the criminal justice system
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00:00:03,090 --> 00:00:06,970
the people are represented
by two separate
yet equally important groups,
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00:00:07,030 --> 00:00:08,840
the police
who investigate crime
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00:00:08,900 --> 00:00:11,710
and the district attorneys
who prosecute the offenders.
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00:00:11,770 --> 00:00:13,250
These are their stories.
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00:00:14,410 --> 00:00:16,610
The guys from auto theft
finally confirmed,
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00:00:16,670 --> 00:00:18,520
deposit's down
on the hotel.
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00:00:18,580 --> 00:00:20,580
Plus I chipped in
for a little
something extra.
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00:00:20,650 --> 00:00:22,680
Uh, we said no girls,
remember?
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00:00:22,750 --> 00:00:25,060
It's a bachelor party,
there's gotta be
entertainment.
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00:00:25,120 --> 00:00:26,790
Frank, I told you
I'm not doing it
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00:00:26,850 --> 00:00:28,760
with some hooker
a week before
my wedding day.
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00:00:28,850 --> 00:00:30,800
What? Nobody can
have any fun
except you?
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00:00:30,860 --> 00:00:32,460
I'm the one who's
been married 10 years.
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00:00:33,520 --> 00:00:35,090
(ALARMS SOUNDING)
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00:00:38,700 --> 00:00:40,440
What the hell
was that?
You okay?
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00:00:40,500 --> 00:00:42,810
Call it in!
Tell 'em to bring fire,
police, bomb squad!
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00:00:42,870 --> 00:00:45,850
This is Unit 12.
We have an explosion
at 9 Broome Street.
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00:00:46,340 --> 00:00:48,510
Yeah, once we got up there,
we found the body
in the fourth floor,
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00:00:48,570 --> 00:00:49,980
southeast corner
apartment.
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00:00:50,040 --> 00:00:51,680
Male, I don't know,
maybe mid-30s.
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00:00:51,740 --> 00:00:52,740
You heard a name yet?
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00:00:52,810 --> 00:00:55,150
No, just the one
on the buzzer. Haden.
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00:00:55,310 --> 00:00:56,520
Anybody else get hurt?
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00:00:56,580 --> 00:00:59,720
Looks like
the other tenants
already left for work.
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00:00:59,780 --> 00:01:02,590
We got a best guess yet
on cause and origin?
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00:01:02,650 --> 00:01:04,390
Well, arson's doing
the prelim now.
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00:01:04,460 --> 00:01:07,370
But based on
the burn pattern,
I'm thinking gas leak.
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00:01:07,430 --> 00:01:08,900
The bomb squad
will be relieved.
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00:01:08,960 --> 00:01:11,440
You kidding? They evacuated
the whole block
when they got here.
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00:01:11,530 --> 00:01:13,410
These days
you don't know who
you're dealing with.
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00:01:13,460 --> 00:01:16,450
Well, the job wasn't
exactly routine before.
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00:01:16,500 --> 00:01:18,950
Is it okay to go up?
Yeah.
Whenever you're ready.
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00:01:19,000 --> 00:01:20,680
I'll find out where
they're sheltering
the tenants,
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00:01:20,740 --> 00:01:21,810
I'll get right back
to you.
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All right. Thanks, man.
Take care of yourself.
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00:01:24,040 --> 00:01:25,420
The building's got
some history.
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00:01:25,480 --> 00:01:27,790
I'm sensing something
of an illicit nature.
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00:01:27,850 --> 00:01:29,350
It's a landlord-tenant gripe.
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00:01:29,410 --> 00:01:31,390
They won't pay the rent
till he makes the repairs.
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00:01:31,450 --> 00:01:33,930
So, he lets
the place go to seed
until they pay up.
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00:01:33,990 --> 00:01:37,300
The beat cop said that
the empty units attracted
some squatters.
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00:01:37,360 --> 00:01:38,730
He's gonna run down
any collars.
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00:01:38,790 --> 00:01:40,700
He was pretty shook up.
I don't blame him.
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00:01:40,760 --> 00:01:43,240
I guess we're
all a little jumpy
since 9111.
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00:01:43,290 --> 00:01:45,570
Yeah, everybody
except Mr. Haden.
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00:02:36,250 --> 00:02:38,490
BECK: The fire marshal
traced the origin
of the explosion
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00:02:38,580 --> 00:02:40,320
back to the gas line,
here.
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00:02:40,380 --> 00:02:41,590
So, what happened?
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00:02:41,650 --> 00:02:44,830
It looks like somebody
disconnected the stove,
left the gas line open.
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00:02:44,960 --> 00:02:46,200
So, it wasn't
an accident?
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00:02:46,260 --> 00:02:47,740
No. Only way for
the gas to get out,
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00:02:47,790 --> 00:02:49,140
the line had
to be unhooked.
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00:02:49,190 --> 00:02:50,800
In order to do that,
you have to pull
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00:02:50,860 --> 00:02:52,100
the stove away
from the wall.
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00:02:52,160 --> 00:02:55,340
One of the uniformed officers
found this crescent wrench
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00:02:55,400 --> 00:02:56,880
in the debris pile
over there.
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00:02:57,540 --> 00:03:00,350
It's sized
to the flare nut
on the gas line.
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00:03:00,600 --> 00:03:02,520
So somebody had
to know exactly
what they were doing.
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00:03:02,570 --> 00:03:04,680
Yeah, and once
the gas line is open,
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00:03:04,740 --> 00:03:08,050
the gas rises
and it accumulates
in the top of the room,
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00:03:08,110 --> 00:03:10,390
creating what's called
a flammable range.
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00:03:10,450 --> 00:03:11,860
And that'd
be right here.
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00:03:11,920 --> 00:03:14,420
BRISCOE: So, below that,
no problem, above it...
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00:03:14,490 --> 00:03:17,190
Yeah, ideal conditions
for an incendiary event.
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00:03:17,250 --> 00:03:19,130
You got any idea what
sparked the explosion?
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00:03:19,360 --> 00:03:21,500
A candle,
right over here.
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00:03:21,730 --> 00:03:22,800
ED: How do you know?
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00:03:22,890 --> 00:03:24,500
Well, when a candle
melts away,
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00:03:24,560 --> 00:03:26,560
the wax always
leaves a residue.
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00:03:26,630 --> 00:03:27,730
That was your fuse.
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00:03:27,800 --> 00:03:29,840
So, somebody
unhooks the stove,
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00:03:29,900 --> 00:03:32,640
lights the candle
and waits for the gas
to fill the room.
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00:03:32,700 --> 00:03:33,810
Give it 10,
15 minutes.
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00:03:33,870 --> 00:03:36,150
The gas floats down
to the height
of the candle.
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00:03:36,210 --> 00:03:37,350
(MIMICS EXPLOSION)
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So, you're thinking
someone set a trap
for this man?
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00:03:40,680 --> 00:03:41,750
Well, it was either
on purpose
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00:03:41,810 --> 00:03:43,620
or the worst case
of home repair ever.
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00:03:43,680 --> 00:03:45,790
Well, what about signs
of forced entry?
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00:03:45,850 --> 00:03:47,260
There weren't any.
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00:03:47,320 --> 00:03:50,700
So someone
was given access
or used a key.
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00:03:50,750 --> 00:03:52,630
Tell me about
this rent strike.
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00:03:52,690 --> 00:03:54,070
The beat cop said
they'd been going
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00:03:54,120 --> 00:03:55,830
round and round
for about a year.
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00:03:55,890 --> 00:03:58,200
Well, maybe the landlord
got tired of the ride,
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00:03:58,260 --> 00:04:01,180
and this was his idea
of an eviction notice.
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00:04:02,930 --> 00:04:06,570
You think it was arson,
that I set my own
building on fire?
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00:04:06,770 --> 00:04:07,770
BRISCOE: ls there
anybody who can vouch
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00:04:07,840 --> 00:04:10,180
for your whereabouts
this morning, Mr. Cortez?
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00:04:10,240 --> 00:04:12,450
(SCOFFS) My wife
was out of town,
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00:04:12,510 --> 00:04:14,820
but she'd
probably say you got
a hell of a theory,
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00:04:14,880 --> 00:04:17,620
except for one thing.
No insurance.
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00:04:17,680 --> 00:04:19,790
The law says
you're supposed
to carry a policy
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00:04:19,850 --> 00:04:21,300
on a residential unit.
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00:04:21,350 --> 00:04:23,090
I missed a couple
of payments.
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00:04:23,150 --> 00:04:26,330
The insurance company
canceled my ass last month.
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00:04:26,390 --> 00:04:28,730
I'm gonna be
wiped out now.
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00:04:28,790 --> 00:04:31,770
Funny thing,
Haden was the only
tenant I liked.
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00:04:32,030 --> 00:04:33,170
BRISCOE: Why's that?
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00:04:33,230 --> 00:04:34,770
Those other leaches
got together,
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00:04:34,830 --> 00:04:36,740
decided to stiff me
on the rent,
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00:04:36,800 --> 00:04:40,340
but Joseph,
he still paid in cash,
every month.
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00:04:40,670 --> 00:04:43,080
So, he was the only one
who hadn't joined
the rent strike?
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00:04:43,140 --> 00:04:44,410
Only one.
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00:04:45,080 --> 00:04:47,580
Bet the other tenants
were thrilled.
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00:04:50,450 --> 00:04:52,260
TENANT: Man had only
been here two years.
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00:04:52,380 --> 00:04:55,230
The rest of us lived
in that building over 10.
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00:04:55,290 --> 00:04:56,820
Come on,
what are we gonna do,
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00:04:56,890 --> 00:04:58,630
blow up our own building
just to get back at him?
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00:04:58,690 --> 00:05:00,430
Besides,
these foreigners
come here
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00:05:00,490 --> 00:05:02,970
and they don't have
the same stake in things
as the rest of us.
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00:05:03,030 --> 00:05:04,130
BRISCOE: What do
you mean "foreigners"?
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00:05:04,200 --> 00:05:06,840
Haden wasn't American.
He wasn't from here.
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00:05:06,900 --> 00:05:08,770
Where was he from?
Maybe India.
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00:05:09,170 --> 00:05:11,110
Something
in Arabia maybe.
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00:05:11,700 --> 00:05:13,050
An Arab?
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00:05:13,100 --> 00:05:14,380
How well did you two
know him?
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00:05:14,440 --> 00:05:16,320
He was a quiet guy.
He kept to himself.
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00:05:16,370 --> 00:05:18,280
Gone most days.
Work, I guess.
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00:05:18,340 --> 00:05:19,450
Was he home yesterday?
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00:05:19,510 --> 00:05:21,750
He passed me in the hall,
never said so much
as hello.
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00:05:21,810 --> 00:05:24,050
What about girlfriends?
Visitors?
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00:05:24,110 --> 00:05:25,390
Never saw him
with a woman.
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00:05:25,450 --> 00:05:26,890
There'd be some men
sometimes.
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00:05:26,950 --> 00:05:27,990
ED: Do you know
who they were?
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00:05:28,050 --> 00:05:29,900
They'd come in groups
of two or three.
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00:05:29,950 --> 00:05:31,800
Were these guys
Arabs, too?
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00:05:31,920 --> 00:05:34,730
Guess they come
from wherever
he come from.
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00:05:35,730 --> 00:05:37,970
Who the hell knows
these days?
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00:05:39,130 --> 00:05:42,170
Best guess?
Mr. Haden was of
Middle Eastern descent.
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00:05:42,230 --> 00:05:44,180
Blast victims always
present a few problems.
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00:05:44,240 --> 00:05:45,610
This one was
particularly tricky.
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00:05:45,670 --> 00:05:46,670
Why?
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00:05:46,740 --> 00:05:49,410
First off,
he came back negative
for carboxyhemoglobin.
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00:05:49,470 --> 00:05:51,750
Wait. In English,
he had no smoke
in his lungs?
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00:05:51,810 --> 00:05:54,520
Yeah. His airways
were also completely
free of soot.
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00:05:54,580 --> 00:05:57,350
Intriguing finding
for somebody
who died in a fire.
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00:05:57,410 --> 00:06:00,020
That's because
he didn't die
in a fire.
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00:06:01,120 --> 00:06:05,000
Cavity x-rays
showed evidence
of blunt force trauma.
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00:06:05,060 --> 00:06:07,090
Broken ribs,
legs, arms, neck.
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00:06:07,160 --> 00:06:09,540
The initial response team
found him buried
under some rubble.
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00:06:09,590 --> 00:06:10,800
Yeah, but that
didn't kill him either.
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00:06:10,860 --> 00:06:13,270
There was no hemorrhaging
associated with any
of those injuries.
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00:06:13,330 --> 00:06:14,780
BRISCOE:
So, what did kill him?
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00:06:14,830 --> 00:06:18,140
Posterior inspection
indicates massive bleeding
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00:06:18,200 --> 00:06:20,550
in the upper
cervical vertebrae.
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00:06:20,870 --> 00:06:22,010
Somebody broke his neck.
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00:06:22,070 --> 00:06:24,450
And you're positive
that didn't happen because
the ceiling collapsed?
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00:06:24,510 --> 00:06:25,850
No. Once I fixed
cause of death,
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00:06:25,910 --> 00:06:28,290
I went back into
the soft tissue exam,
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00:06:28,350 --> 00:06:31,520
found focal hemorrhaging
in his wrists and ankles.
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00:06:31,580 --> 00:06:34,650
Your killer tied him up
before he murdered him.
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00:06:35,090 --> 00:06:37,730
She say whether or not
this could have been
a one-man job?
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00:06:37,790 --> 00:06:39,270
Nothing conclusive
either way.
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00:06:39,320 --> 00:06:40,730
A couple of
the tenants mentioned
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00:06:40,790 --> 00:06:42,770
that Haden
had a few visitors
now and again.
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00:06:42,830 --> 00:06:44,270
But they couldn't tell us
much more than that.
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00:06:44,330 --> 00:06:48,670
Yeah. Except that Haden
and his visitors were all
of Middle Eastern decent.
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00:06:48,730 --> 00:06:51,140
And you think
his ethnicity's
significant?
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00:06:51,200 --> 00:06:53,040
Well, there was
an explosion involved.
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00:06:53,100 --> 00:06:54,670
I think it's
a little early
to conclude
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00:06:54,740 --> 00:06:56,980
that Haden being an Arab
had anything to do with it.
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00:06:57,040 --> 00:07:00,150
Well, still,
chances are he might
have known his killer.
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00:07:00,210 --> 00:07:02,210
How much do we know
about his personal life?
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00:07:02,280 --> 00:07:04,660
He didn't
have a girlfriend,
no known next of kin.
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00:07:04,720 --> 00:07:06,190
Criminal records?
Nothing.
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00:07:06,250 --> 00:07:07,630
No credit cards either.
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00:07:07,690 --> 00:07:09,760
No references,
no previous address
on the lease.
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00:07:09,820 --> 00:07:10,920
He paid his rent
in cash.
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00:07:10,990 --> 00:07:13,900
BRISCOE: I'm telling you,
this guy wasn't just
flying below the radar,
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00:07:13,960 --> 00:07:15,830
he was off the screen.
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00:07:19,000 --> 00:07:21,500
Three times a week,
he'd bring me
his greasy clothes.
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00:07:21,570 --> 00:07:23,310
You should
see these things.
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00:07:23,370 --> 00:07:25,640
I ask him,
how you get so dirty?
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00:07:25,700 --> 00:07:26,700
What'd he say?
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00:07:26,770 --> 00:07:28,480
He says,
blame the boss.
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00:07:28,540 --> 00:07:30,080
He mention
where he worked?
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00:07:30,140 --> 00:07:32,780
No, but I know
he got paid nothing.
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00:07:32,840 --> 00:07:34,450
What, he told you
how much he earned?
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00:07:34,510 --> 00:07:38,520
No. I go through
my customers' pockets
when they drop off.
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00:07:38,580 --> 00:07:40,650
One time,
I see a pay stub.
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00:07:41,320 --> 00:07:42,390
Peanuts.
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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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