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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:01,360 --> 00:00:03,090 NARRATOR: In the criminal justice system 2 00:00:03,170 --> 00:00:07,030 the people are represented by two separate yet equally important groups, 3 00:00:07,100 --> 00:00:08,930 the police who investigate crime 4 00:00:09,000 --> 00:00:11,800 and the district attorneys who prosecute the offenders. 5 00:00:11,870 --> 00:00:13,470 These are their stories. 6 00:00:14,180 --> 00:00:17,480 (PANICKED CLAMORING) 7 00:00:17,550 --> 00:00:20,450 What's your location, Ladder Seven-Two Can Man? 8 00:00:20,520 --> 00:00:23,210 OVER RADIO: Search negative in apartment six-baker. Everybody's out. 9 00:00:23,290 --> 00:00:25,280 Received, six is clear. 10 00:00:25,350 --> 00:00:27,350 I'm gonna go check the stairwell to the roof. 11 00:00:28,720 --> 00:00:29,890 We got flashover in six-baker! 12 00:00:29,960 --> 00:00:32,790 Time to get outta there, Ladder Seven-Two Can Man! 13 00:00:32,860 --> 00:00:34,450 I don't like this. 14 00:00:34,530 --> 00:00:35,730 Pick up transmission! 15 00:00:35,800 --> 00:00:38,460 Evacuate the building, Ladder Seven-Two Can Man! 16 00:00:38,530 --> 00:00:39,560 Mayday! May... 17 00:00:41,700 --> 00:00:44,000 Get the fast truck in there, now! 18 00:00:46,340 --> 00:00:48,970 (SCREAMING) 19 00:00:49,040 --> 00:00:50,840 That was Sean! 20 00:00:50,910 --> 00:00:52,710 (SHOUTING) Paramedics! 21 00:00:53,780 --> 00:00:56,110 He got trapped on top of the main burn. 22 00:00:56,180 --> 00:00:58,520 Poor guy had two choices, jump or be incinerated. 23 00:00:58,590 --> 00:01:00,520 What about his emergency line? 24 00:01:00,590 --> 00:01:02,460 The old ones were too heavy to carry. 25 00:01:02,520 --> 00:01:04,930 And the brass hasn't approved any of the lighter-weight models. 26 00:01:04,990 --> 00:01:06,460 Well, I take my hat off to you guys. 27 00:01:06,530 --> 00:01:09,960 Personally, I'd rather dodge bullets than run into a burning building. 28 00:01:10,030 --> 00:01:11,230 What was his name? 29 00:01:11,300 --> 00:01:14,030 Sean Grafton from Ladder Seventy-Two. 30 00:01:14,100 --> 00:01:16,330 His old man and two brothers in the department. 31 00:01:16,410 --> 00:01:19,310 He have a family? Yeah, a wife and two kids. 32 00:01:19,370 --> 00:01:20,840 That's rough. How'd it start? 33 00:01:20,910 --> 00:01:22,070 That's why we called. 34 00:01:22,140 --> 00:01:24,310 Guys who were up there said multiple points of origin. 35 00:01:24,380 --> 00:01:25,370 Arson. 36 00:01:25,450 --> 00:01:27,250 Well, we'll know more when we get back in the building, 37 00:01:27,320 --> 00:01:30,080 but nine times out often, you're right. 38 00:01:30,150 --> 00:01:32,180 Which means Sean Grafton was murdered. 39 00:02:24,170 --> 00:02:27,440 The fire was started in two separate areas of the sixth floor. 40 00:02:27,510 --> 00:02:29,640 The east stairwell landing and the hallway. 41 00:02:29,710 --> 00:02:31,650 Was there any evidence of an accelerant? 42 00:02:31,710 --> 00:02:35,310 Here and here, and a gallon milk bottle with traces of gasoline. 43 00:02:35,380 --> 00:02:37,790 We're really lucky just to have the one fatality. 44 00:02:37,850 --> 00:02:39,840 We need to figure out who the target was. 45 00:02:39,920 --> 00:02:42,450 So we're thinkin' personal, not arson for profit. 46 00:02:42,520 --> 00:02:45,620 Well, it doesn't make sense to me that someone would torch the top floor 47 00:02:45,690 --> 00:02:47,560 if they wanted to burn down the whole building. 48 00:02:47,660 --> 00:02:50,260 Gas in a milk bottle, this guy was an amateur. 49 00:02:50,330 --> 00:02:52,960 Well, there's four apartments on six. 50 00:02:53,040 --> 00:02:55,830 And they're all burned out. So while you guys run down the residents 51 00:02:55,900 --> 00:02:58,600 I'll canvass the gas stations in the area. 52 00:03:01,510 --> 00:03:03,480 My smoke detector never went off. 53 00:03:03,550 --> 00:03:05,100 If one of my neighbors hadn't pounded on the door, 54 00:03:05,180 --> 00:03:06,650 we would've been fried to a crisp. 55 00:03:07,020 --> 00:03:08,070 Do you live with somebody? 56 00:03:08,150 --> 00:03:09,520 My daughter, Hannah. 57 00:03:09,580 --> 00:03:12,650 Uh, we went out the fire escape. She was terrified. 58 00:03:13,460 --> 00:03:15,510 How's she doin' now? She's okay. 59 00:03:15,590 --> 00:03:16,850 I sent her to school. 60 00:03:16,930 --> 00:03:20,290 It's better she's with her friends than sittin' upstairs in the hotel room. 61 00:03:20,360 --> 00:03:23,020 Do you or your daughter have any problems outside of the home? 62 00:03:24,470 --> 00:03:25,460 What do you mean? 63 00:03:25,530 --> 00:03:29,400 Does anyone wanna cause you harm? No. No. 64 00:03:29,470 --> 00:03:31,000 Where's Hannah's father, Miss Wilder? 65 00:03:31,070 --> 00:03:34,170 Oh, he's been out of the picture since before she was born. 66 00:03:34,240 --> 00:03:35,900 And your neighbors on the sixth floor, 67 00:03:35,980 --> 00:03:38,470 do any of them have ongoing disputes that you're aware of? 68 00:03:39,550 --> 00:03:41,110 Not really. 69 00:03:41,180 --> 00:03:44,080 It's always been a quiet building. 70 00:03:44,150 --> 00:03:45,420 CLAUDE WORTHY: That was somethin' huh? 71 00:03:45,490 --> 00:03:47,350 To see that man go off the roof? 72 00:03:47,420 --> 00:03:48,820 Reminded me of the Towers. 73 00:03:48,890 --> 00:03:52,190 Is there any reason why this might've been directed at you, Mr. Worthy? 74 00:03:52,260 --> 00:03:53,890 You think somebody set that fire? 75 00:03:53,960 --> 00:03:55,590 We're just covering all the bases. 76 00:03:55,660 --> 00:03:58,130 Then you should cover that woman across the hall from me. 77 00:03:58,200 --> 00:03:59,790 The one in Six-B. 78 00:03:59,870 --> 00:04:00,930 Emily Wilder? 79 00:04:01,000 --> 00:04:02,560 With the little girl. 80 00:04:02,640 --> 00:04:06,570 If I had a dollar for every argument she got into with some boyfriend. 81 00:04:06,640 --> 00:04:08,370 Is there anything more specific you can tell us, 82 00:04:08,440 --> 00:04:10,210 anything that happened recently? 83 00:04:10,280 --> 00:04:11,270 Uh... 84 00:04:11,350 --> 00:04:12,810 Last week was it? 85 00:04:12,880 --> 00:04:14,980 A man pounding on her door. 86 00:04:15,050 --> 00:04:17,180 Yelling for her to let him in. 87 00:04:17,250 --> 00:04:20,590 I looked through my peephole to see what all the commotion was about. 88 00:04:20,660 --> 00:04:21,750 You get a look at the guy? 89 00:04:21,820 --> 00:04:22,950 I got a look at his back. 90 00:04:23,020 --> 00:04:24,010 White. 91 00:04:24,090 --> 00:04:26,290 Brown hair over his collar. 92 00:04:26,360 --> 00:04:28,490 Had on an MTAjacket. 93 00:04:28,560 --> 00:04:30,550 Thanks. 94 00:04:30,630 --> 00:04:33,760 So Emily Wilder forgot to mention her rowdy boyfriend. 95 00:04:33,840 --> 00:04:37,470 So she can be protecting him, or scared he might finish what he started. 96 00:04:37,540 --> 00:04:39,270 Maybe we should scare her. 97 00:04:39,340 --> 00:04:42,370 There might be an easier way. 98 00:04:45,010 --> 00:04:46,610 Well, have you contacted the Board of Education? 99 00:04:46,680 --> 00:04:49,210 We don't have time to get jammed up in the bureaucracy. 100 00:04:49,280 --> 00:04:50,580 Well, I'm sorry, Detective. 101 00:04:50,650 --> 00:04:52,450 All right, let's go. No, no, wait a second. 102 00:04:52,520 --> 00:04:54,990 You heard about the fire last night, the one where the fireman got killed? 103 00:04:55,060 --> 00:04:56,050 Yes. 104 00:04:56,120 --> 00:04:58,590 Well, it happened in Hannah Wilder's building. 105 00:04:58,660 --> 00:05:03,390 We think she still may be in danger, or have some information that can help us. 106 00:05:03,470 --> 00:05:07,300 A fire, then the police. This kid's gonna be scared to death. 107 00:05:07,370 --> 00:05:09,930 Well, it just so happens that my partner here has two children, 108 00:05:10,040 --> 00:05:12,530 and he really knows how to talk to kids. 109 00:05:12,610 --> 00:05:15,700 So while he's talkin' to Hannah, I'll just go get myself a cup of Joe. 110 00:05:16,780 --> 00:05:19,180 What do you say? 111 00:05:19,250 --> 00:05:20,740 All right. 112 00:05:20,820 --> 00:05:24,980 Do you have a gun? No, no, no. I left that in the car. 113 00:05:25,050 --> 00:05:27,990 Those are cool sneakers. Thanks. 114 00:05:28,060 --> 00:05:32,020 You know, my daughter says she wants to get Skechers for her birthday, what do you think? 115 00:05:32,090 --> 00:05:33,620 Those are cool, too. 116 00:05:33,700 --> 00:05:38,030 My mom said I might get a canopy bed for my birthday, but 117 00:05:38,100 --> 00:05:40,070 now, 'cause of the fire, 118 00:05:40,140 --> 00:05:41,430 we don't have any place to live. 119 00:05:42,240 --> 00:05:45,140 I'm sorry you had to go through that, Hannah. 120 00:05:45,210 --> 00:05:46,270 So, 121 00:05:46,340 --> 00:05:48,170 you and your mom, you're gonna stay in the hotel? 122 00:05:48,240 --> 00:05:50,640 I don't know. We can't stay with my dad, 123 00:05:50,710 --> 00:05:53,580 'cause my mom says his apartment isn't big enough. 124 00:05:53,650 --> 00:05:55,580 Where does he live? In the Bronx. 125 00:05:55,650 --> 00:06:00,520 I never get to go there, 'cause Mom says it's too far away. 126 00:06:00,590 --> 00:06:03,320 But he likes it 'cause it's close to his work. 127 00:06:03,390 --> 00:06:06,190 Oh yeah, what does he do? He drives the city bus. 128 00:06:07,760 --> 00:06:09,660 Is his last name Wilder like yours? 129 00:06:09,730 --> 00:06:11,600 Uh-uh. Gruner. 130 00:06:11,670 --> 00:06:15,470 Al Gruner? No, John Gruner. 131 00:06:17,770 --> 00:06:19,210 Okay, so you're gonna open the door. 132 00:06:19,270 --> 00:06:21,300 I can't just let you in his apartment. 133 00:06:21,380 --> 00:06:22,810 Sure you can, we're authorized. 134 00:06:22,880 --> 00:06:24,780 (KEYS CLINKING) 135 00:06:34,090 --> 00:06:36,320 Hey! Come here. 136 00:06:38,360 --> 00:06:41,230 Smell this jacket. 137 00:06:41,300 --> 00:06:44,760 Yeah, what? You don't smell gasoline? 138 00:06:44,830 --> 00:06:47,360 No. And I don't like this. 139 00:06:52,310 --> 00:06:54,640 And, he has matches in his pocket. 140 00:06:54,710 --> 00:06:57,970 Well, the guy's a smoker. 141 00:07:02,880 --> 00:07:03,870 Pretty Woman? 142 00:07:04,490 --> 00:07:06,350 I didn't see a DVD player in here. 143 00:07:06,420 --> 00:07:09,220 "Wizard Video, Astoria, Queens." 144 00:07:11,760 --> 00:07:13,590 You know what I think? 145 00:07:13,660 --> 00:07:17,390 I think we should find out who John Gruner is watchin' chick flicks with. 146 00:07:20,500 --> 00:07:22,530 (KNOCKING) 147 00:07:22,600 --> 00:07:25,300 NYPD, Miss Tarantino. You mind if we come in? 148 00:07:25,370 --> 00:07:27,360 (NERVOUSLY) Well, the house is kind of a mess right now. 149 00:07:27,440 --> 00:07:30,340 (SCOFFS) Don't worry about that, we're used to that. 150 00:07:30,410 --> 00:07:31,470 What is this about? 151 00:07:31,550 --> 00:07:33,880 Well, you see, John Gruner's apartment got burglarized last night. 152 00:07:33,950 --> 00:07:36,820 We're tryin' to find him so he could secure his belongings. 153 00:07:36,890 --> 00:07:37,980 I don't know a John Gruner. 154 00:07:39,020 --> 00:07:41,350 See, I told ya, there must be some screw-up on our end. 155 00:07:41,420 --> 00:07:43,190 You mind if we come in and straighten this out? 156 00:07:43,260 --> 00:07:45,780 Can you come back a little later? (BOTTLE CLINKING) 157 00:07:45,860 --> 00:07:46,950 (SHUFFLING) 158 00:07:47,030 --> 00:07:49,500 ls someone home with you? My brother. 159 00:07:49,560 --> 00:07:50,860 Listen, why don't we cut to the chase. 160 00:07:50,930 --> 00:07:52,830 If Gruner's in here, you're harboring a fugitive. 161 00:07:52,900 --> 00:07:55,960 Now are you gonna let us look around or not? 162 00:08:07,780 --> 00:08:10,050 Police, don't move! 163 00:08:12,450 --> 00:08:15,120 Nowhere to go, Gruner. It's up to you now. 164 00:08:15,190 --> 00:08:17,890 Get down. Down! 165 00:08:17,960 --> 00:08:19,950 Cuff him. 166 00:08:23,030 --> 00:08:25,730 I wanna know what kind of a guy tries to burn his own daughter out. 167 00:08:25,800 --> 00:08:26,960 I don't know what you're talkin' about. 168 00:08:27,040 --> 00:08:29,160 I mean, I wanna understand your side of it, I really do, 169 00:08:29,240 --> 00:08:31,070 but I have to have an answer to that question! 170 00:08:31,140 --> 00:08:32,130 What if I don't? 171 00:08:36,080 --> 00:08:40,070 Detective Falco, can I have a few minutes with Mr. Gruner, please? 172 00:08:40,650 --> 00:08:42,510 You sure? 173 00:08:42,580 --> 00:08:45,320 You see, Detective Falco's in law school, 174 00:08:45,390 --> 00:08:48,880 and I don't wanna get him jammed up by anything that I might say. 175 00:08:48,960 --> 00:08:49,950 Or do. 176 00:08:52,530 --> 00:08:54,460 Y cu had your chance, Brunet. 177 00:08:56,560 --> 00:08:58,090 (DOOR OPENS AND CLOSES) 178 00:09:00,170 --> 00:09:02,800 So you and Emily Wilder were havin' problems, huh? 179 00:09:03,870 --> 00:09:04,900 Hannah told us. 180 00:09:04,970 --> 00:09:06,100 You talked to her? Oh, yeah. 181 00:09:06,170 --> 00:09:07,800 I don't like you talkin' to my daughter! 182 00:09:07,880 --> 00:09:09,710 And I don't like you tryin' to burn her alive! 183 00:09:09,780 --> 00:09:11,540 And if you mouth off to me one more time, 184 00:09:11,610 --> 00:09:13,080 I'm gonna put your head through this table! 185 00:09:13,150 --> 00:09:16,450 I love that kid! And Emily wouldn't let her anywhere near me! 186 00:09:16,520 --> 00:09:17,990 But I didn't start that fire! 187 00:09:18,190 --> 00:09:19,810 (DOOR OPENS AND CLOSES) 188 00:09:20,390 --> 00:09:25,190 Results of the spectrograph analysis of the jacket we recovered from your closet. 189 00:09:25,260 --> 00:09:26,560 Positive for gasoline. 190 00:09:26,760 --> 00:09:27,850 I work on a bus. 191 00:09:27,960 --> 00:09:31,090 Yeah, well, last time I checked, buses ran on diesel. 192 00:09:31,170 --> 00:09:33,760 So you know what we're gonna do now? We're gonna go get Hannah, 193 00:09:33,840 --> 00:09:36,630 and we're gonna bring her here, and you can explain it all to her. 194 00:09:36,700 --> 00:09:38,640 Right here in this room, just the four of us. 195 00:09:38,710 --> 00:09:39,700 You can't do that! 196 00:09:39,770 --> 00:09:41,400 Well, how 'bout it, Mr. Lawyer-man, can I do it? 197 00:09:41,480 --> 00:09:43,810 I read the case US v. Pennington. 198 00:09:43,880 --> 00:09:46,110 There you go. I'll go get her. No! 199 00:09:47,320 --> 00:09:48,780 FALCO: It's too bad. 200 00:09:48,850 --> 00:09:52,120 She'll always remember her Daddy cuffed to a table. 201 00:09:52,190 --> 00:09:55,780 Trying to explain how he torched her home and nearly killed her. 202 00:09:55,860 --> 00:09:59,660 Hannah wasn't supposed to be there! 203 00:09:59,730 --> 00:10:02,960 And you hated her mother that much? 204 00:10:03,030 --> 00:10:05,090 That you tried to burn her alive? 205 00:10:06,470 --> 00:10:08,030 Is that what you did? 206 00:10:11,140 --> 00:10:12,660 We're gonna need it all in writing, all right? 207 00:10:12,740 --> 00:10:16,300 I want every detail of how you set that fire. 208 00:10:17,480 --> 00:10:19,170 Yeah. (KNOCKING) 209 00:10:19,250 --> 00:10:22,740 M.E. wants you. I'll babysit him. 210 00:10:25,090 --> 00:10:26,880 We just now got a confession on the fire. 211 00:10:26,960 --> 00:10:29,050 Well, I hope you can still use it. 212 00:10:30,460 --> 00:10:31,550 A slug? 213 00:10:31,630 --> 00:10:32,650 Looks like a .38. 214 00:10:32,730 --> 00:10:36,760 Yeah, it dropped out when I cut off the fireman's bunker gear. 215 00:10:36,830 --> 00:10:39,060 There's a bullet hole in his pants 216 00:10:39,130 --> 00:10:41,430 and a graze wound on his left thigh. 217 00:10:42,370 --> 00:10:43,960 Somebody shot him at the fire. 218 00:10:44,040 --> 00:10:47,240 So, is it possible he didn'tjump? 219 00:10:50,480 --> 00:10:53,500 So there's no way anybody could've been up here with Grafton, right? 220 00:10:53,580 --> 00:10:56,180 Somebody would've seen him. 221 00:10:56,250 --> 00:10:58,020 Anybody in one of these buildings could've taken 222 00:10:58,090 --> 00:11:01,180 a potshot at him with a handgun. 223 00:11:02,090 --> 00:11:04,990 Take a look at this air vent. 224 00:11:05,060 --> 00:11:07,220 See, one of the shutters has a nick in it. 225 00:11:08,560 --> 00:11:12,690 Oh. Whatever made it came from the inside. 226 00:11:12,770 --> 00:11:16,500 Could you pry this housing off, please? Yeah, sure. 227 00:11:16,570 --> 00:11:18,600 (CLANKING) 228 00:11:21,410 --> 00:11:22,810 Feel around in there, would you? 229 00:11:23,180 --> 00:11:24,610 Is somethin' wrong with your hand? 230 00:11:25,380 --> 00:11:27,750 (LAUGHING) Luciano Barbera. Please. 231 00:11:28,320 --> 00:11:30,510 You're high maintenance, man. 232 00:11:35,760 --> 00:11:37,690 Hey, hey. hey- 233 00:11:39,360 --> 00:11:41,590 A .38. 234 00:11:44,270 --> 00:11:45,490 Five spent shells. 235 00:11:47,470 --> 00:11:52,240 And I'm bettin' that one of them wound up in the leg of Sean Grafton's pants. 236 00:11:54,540 --> 00:11:56,700 Ballistics says the fire made the gun go off. 237 00:11:56,780 --> 00:12:00,540 Two rounds in the cylinder exploded in the heat that was raging up the air vent, 238 00:12:00,620 --> 00:12:01,670 one of them through the barrel. 239 00:12:01,750 --> 00:12:05,380 And it matches the slug they found in Sean Grafton's bunker gear? 240 00:12:05,450 --> 00:12:07,420 Yes, ma'am. And guess what? 241 00:12:07,490 --> 00:12:10,190 There are firing pin strikes on the other three shell casings, 242 00:12:10,260 --> 00:12:11,560 the ones that didn't explode. 243 00:12:11,630 --> 00:12:14,990 Meaning that gun was fired long before someone hid it on the roof. 244 00:12:15,060 --> 00:12:18,560 Ballistics is running the gun now, see if it matches up with any old shootings. 245 00:12:18,630 --> 00:12:21,660 D.A. says he'll charge Gruner with arson and felony murder, 246 00:12:21,740 --> 00:12:23,970 which means he'll do at least 25-to-life. 247 00:12:24,040 --> 00:12:27,700 Well, how about we give this collar to the Fire Marshals? 248 00:12:27,780 --> 00:12:29,270 No problem with us. 249 00:12:29,340 --> 00:12:31,570 Here's a match on your mystery bullet. To what? 250 00:12:31,650 --> 00:12:33,380 An open homicide. 251 00:12:34,950 --> 00:12:36,510 Check it out. 252 00:12:39,890 --> 00:12:41,880 Nine years ago. on this block, 253 00:12:41,960 --> 00:12:44,820 a male black named Justin Leonard was shot three times. 254 00:12:44,890 --> 00:12:47,190 What was it about? We never really knew. 255 00:12:47,260 --> 00:12:48,920 Leonard worked part-fume at Nukes, 256 00:12:49,000 --> 00:12:50,690 someone lit him up when he was leavin' for the night. 257 00:12:51,300 --> 00:12:52,770 Nothin' like a cold case. 258 00:12:53,230 --> 00:12:55,760 All right. This is where we found the body. 259 00:12:55,840 --> 00:12:57,240 In this store entrance. 260 00:12:57,310 --> 00:12:59,330 There was a struggle at first. 261 00:12:59,410 --> 00:13:00,670 This window was shattered, 262 00:13:00,740 --> 00:13:04,580 CSU found blood in the broken glass which wasn't from the victim. 263 00:13:04,650 --> 00:13:06,550 Which means DNA's in play. 264 00:13:06,610 --> 00:13:07,780 Anybody in the store see anything? 265 00:13:08,020 --> 00:13:09,010 It was closed. 266 00:13:09,350 --> 00:13:11,910 But the manager from Kinkos said that Leonard was arguing 267 00:13:12,020 --> 00:13:13,610 with three black men when he was lockin' up. 268 00:13:14,020 --> 00:13:15,050 Arguing about what? 269 00:13:15,120 --> 00:13:16,350 She wasn't sure. 270 00:13:16,420 --> 00:13:20,050 She picked a local trouble maker out of one of the books, a Leshawn Muncie. 271 00:13:20,160 --> 00:13:22,530 My guys picked him up, but we couldn't get anything to stick. 272 00:13:24,430 --> 00:13:28,370 I got enough problems without y'all tryin' to put a body on me from nine years ago. 273 00:13:28,440 --> 00:13:31,410 Maybe we can package this up with the case you're in on now. 274 00:13:31,470 --> 00:13:32,630 Two for the price of one. 275 00:13:32,710 --> 00:13:33,770 But I didn't do no murder. 276 00:13:33,840 --> 00:13:37,180 Ah, come on, man, we have the murder weapon with your prints on it. 277 00:13:37,250 --> 00:13:38,710 Don't even try to play me like that. 278 00:13:38,810 --> 00:13:43,250 Okay, if you're not involved and you help us out, we'll put in a good word with the D.A. 279 00:13:45,590 --> 00:13:47,520 If I remember correctly, 280 00:13:47,590 --> 00:13:49,560 I went to Kinkos that night. 281 00:13:49,620 --> 00:13:50,990 What were you doing, copying your thesis? 282 00:13:51,330 --> 00:13:54,520 Nah. I was helpin' a couple of dudes make some IDs. 283 00:13:54,800 --> 00:13:56,920 It's all very fascinating, tell us more. 284 00:13:57,000 --> 00:13:59,470 The brother locked the door as we was rollin' in. 285 00:13:59,530 --> 00:14:01,370 We had a few words, but that's it. 286 00:14:02,140 --> 00:14:03,930 This is Justin Leonard. 287 00:14:07,140 --> 00:14:08,840 Yeah, that's him. That's good. 288 00:14:08,910 --> 00:14:10,110 So if you had nothin' to do with this, 289 00:14:10,180 --> 00:14:13,200 you'll give us the names and addresses of the friends that you were with that night. 290 00:14:13,280 --> 00:14:14,370 I don't think so. 291 00:14:14,450 --> 00:14:16,750 FALCO: Or a DNA swab. Hell no. 292 00:14:16,820 --> 00:14:19,750 You never know what loose ends I might have out in the world. 293 00:14:19,820 --> 00:14:22,550 You asked the white dude who was out there that night for his DNA? 294 00:14:22,620 --> 00:14:23,650 What white dude? 295 00:14:23,730 --> 00:14:26,660 Guy waitin' outside of Kinkos for his friend to get off work. 296 00:14:28,600 --> 00:14:30,000 Give us a description. 297 00:14:30,730 --> 00:14:32,860 White, 'bout 30. 298 00:14:32,930 --> 00:14:35,930 FONTANA: Oh, man. Man, it's nine years ago, man! 299 00:14:36,100 --> 00:14:37,330 If you're jerkin' us around, Leshawn, 300 00:14:37,410 --> 00:14:39,310 you haven't seen the last of us. Open up. 301 00:14:39,370 --> 00:14:42,400 Then I got nothin' to worry about! 302 00:14:44,980 --> 00:14:46,570 Justin was my only child. 303 00:14:46,650 --> 00:14:50,520 It was just me and him after my wife died, when Justin was in grade school. 304 00:14:50,590 --> 00:14:53,110 We're terribly sorry for your loss, sir. 305 00:14:53,190 --> 00:14:55,620 I'm sure Detective O'Brien asked you this nine years ago, 306 00:14:55,690 --> 00:14:58,520 but was Justin havin' problems with anyone at the time? 307 00:14:58,590 --> 00:15:00,490 Oh, no, no. He was a good boy. 308 00:15:00,560 --> 00:15:04,860 He had this way of talkin' to people, make 'em laugh, put them at ease, you know? 309 00:15:04,930 --> 00:15:06,330 We were told he was in school. 310 00:15:06,400 --> 00:15:09,000 Yeah, he was goin' to Pratt Institute, goin' for a master's degree, 311 00:15:09,070 --> 00:15:11,840 graphic arts, doin' real good, too. 312 00:15:11,910 --> 00:15:16,640 Look, the only explanation I have is no explanation at all. 313 00:15:16,710 --> 00:15:19,610 Wrong place, wrong time. 314 00:15:19,680 --> 00:15:22,740 To lose him like that almost killed me, too. 315 00:15:24,850 --> 00:15:27,950 Did he ever mention any kind of romantic problems? 316 00:15:28,020 --> 00:15:29,550 He had a nice girlfriend, uh, 317 00:15:29,620 --> 00:15:32,250 a girl he met who worked at the college, uh... 318 00:15:32,330 --> 00:15:35,390 Nancy was her name. She was at the funeral. 319 00:15:35,460 --> 00:15:38,590 They were just starting to get serious, too. 320 00:15:38,670 --> 00:15:42,330 I met Justin when he came into the Placement Office looking for a part-time job. 321 00:15:42,400 --> 00:15:44,840 The two of you hit it off? We did. 322 00:15:44,910 --> 00:15:48,140 How long were you seeing each other when... Six months. 323 00:15:49,380 --> 00:15:51,570 Are we bothering you, Miss Harvard? 324 00:15:51,650 --> 00:15:53,050 Mrs. 325 00:15:53,850 --> 00:15:57,180 It's just that, I don't know... 326 00:15:57,250 --> 00:15:59,380 That was a lifetime ago. 327 00:15:59,450 --> 00:16:01,510 I'm married now. 328 00:16:01,590 --> 00:16:04,720 Brings back a lot of hard memories. 329 00:16:04,790 --> 00:16:09,590 Well, I'm sure you'd like to see whoever killed Justin be brought tojustice. 330 00:16:11,500 --> 00:16:13,560 Yes, I would. 331 00:16:13,630 --> 00:16:15,730 I'm sorry. 332 00:16:17,540 --> 00:16:20,240 Was there anyone else in your life back then? 333 00:16:20,310 --> 00:16:23,370 Who would kill Justin? Well? 334 00:16:23,440 --> 00:16:24,640 (SCOFFS) 335 00:16:24,710 --> 00:16:27,840 No. No, not at all. 336 00:16:27,920 --> 00:16:29,310 When was this picture taken? 337 00:16:29,380 --> 00:16:33,550 About nine years ago. Not long after Justin died. 338 00:16:33,620 --> 00:16:35,820 It's in New Hampshire. My parents' 30th anniversary. 339 00:16:35,890 --> 00:16:36,910 April 13. 340 00:16:36,990 --> 00:16:39,820 And the man in the picture with you, the one with the bandage on his hand? 341 00:16:39,890 --> 00:16:41,120 That's my brother, Bruce. 342 00:16:42,930 --> 00:16:44,860 Did he live in New Hampshire back then? 343 00:16:44,930 --> 00:16:47,590 No, on the West Side, actually. 344 00:16:47,670 --> 00:16:49,360 On 49th Street? 345 00:16:50,540 --> 00:16:52,870 How did you know that? 346 00:16:56,110 --> 00:16:58,810 I met Justin once or twice. 347 00:16:58,880 --> 00:17:01,610 What a tragedy for his family. 348 00:17:01,680 --> 00:17:04,410 And it was hard on my sister. 349 00:17:04,490 --> 00:17:06,610 How did you and Justin get along? 350 00:17:06,720 --> 00:17:08,590 Like I said, I never knew him very well. 351 00:17:08,990 --> 00:17:11,460 You had a hand injury back then, Mr. Elwin. 352 00:17:11,530 --> 00:17:12,520 Did I? 353 00:17:12,590 --> 00:17:15,390 We saw it in the anniversary picture, in your sister's office. 354 00:17:15,800 --> 00:17:19,130 You're right. I had a bandage on at my parents' party. 355 00:17:19,630 --> 00:17:21,600 You know, I still have a scar from that. 356 00:17:21,670 --> 00:17:23,230 How'd you hurt yourself? 357 00:17:23,500 --> 00:17:25,300 Fell. 358 00:17:25,370 --> 00:17:26,930 Cut my hand on some broken glass. 359 00:17:27,010 --> 00:17:29,770 Did you go to a hospital and get it looked at? No, I... 360 00:17:29,840 --> 00:17:31,400 I believe I took care of it myself. 361 00:17:33,510 --> 00:17:35,380 Is there anything else I can help you with, Detectives? 362 00:17:37,750 --> 00:17:39,910 Not right now, Mr. Elwin. 363 00:17:39,990 --> 00:17:42,080 Thanks. 364 00:17:42,160 --> 00:17:44,650 You like the brother? Too many coincidences. 365 00:17:44,730 --> 00:17:47,590 The hand injury, the murder weapon in the building next to him. 366 00:17:47,730 --> 00:17:49,630 He could access the roof there? Easily. 367 00:17:49,700 --> 00:17:50,820 Perfect stash spot. 368 00:17:50,900 --> 00:17:53,160 We went back and showed Elwin's photo to the mutt 369 00:17:53,230 --> 00:17:56,430 who had an argument with the victim that night, and he was pretty sure it was Elwin who 370 00:17:56,500 --> 00:17:58,060 was standin' outside the copy place. 371 00:17:58,140 --> 00:17:59,870 But it's been too long for him to be certain. 372 00:17:59,970 --> 00:18:02,100 What about a motive? The victim was dating his sister. 373 00:18:02,210 --> 00:18:04,740 And he didn't approve because? Black guy, white girl. 374 00:18:04,810 --> 00:18:06,910 Well, bring the sister in, rattle her cage, 375 00:18:06,980 --> 00:18:09,470 see if you can get her to consent to a DNA swab. 376 00:18:09,550 --> 00:18:11,180 It could eliminate her brother. 377 00:18:11,250 --> 00:18:13,480 Or put a nail in his coffin. 378 00:18:14,090 --> 00:18:16,610 Bruce was never crazy about any of my boyfriends. 379 00:18:16,690 --> 00:18:18,160 You know how big brothers are. 380 00:18:18,230 --> 00:18:20,060 We'll take that to mean that he didn't like him. 381 00:18:20,130 --> 00:18:24,060 If you knew my brother, you would know he could never hurt anybody. 382 00:18:24,130 --> 00:18:26,260 If you're so sure he had nothin' to do with this, 383 00:18:26,330 --> 00:18:29,070 you'll have no problem giving us a DNA sample. 384 00:18:29,570 --> 00:18:31,230 I don't know. What's the problem, Nancy? 385 00:18:31,310 --> 00:18:34,300 No! Are you beginning to doubt your brother? 386 00:18:34,380 --> 00:18:38,010 It's just... Well, I think that we should talk to a lawyer about this! 387 00:18:38,650 --> 00:18:41,880 So can I go now? Yeah, sure. 388 00:18:41,950 --> 00:18:44,350 If you don't wanna cooperate, it's gonna go on our report, you know? 389 00:18:44,420 --> 00:18:45,480 I don't care. 390 00:18:45,550 --> 00:18:48,650 My brother didn't kill anybody! 391 00:18:51,430 --> 00:18:52,980 Detectives! 392 00:18:53,060 --> 00:18:55,150 This guy says his sister's up here. 393 00:18:55,230 --> 00:18:57,600 Bruce, what are you doing here? 394 00:18:59,200 --> 00:19:01,930 I killed Justin, Nancy. 395 00:19:04,640 --> 00:19:06,370 I killed Justin Leonard. 396 00:19:16,280 --> 00:19:20,980 Before agreeing to speak to us on video, Mr. Elwin, did you read, understand, 397 00:19:21,060 --> 00:19:24,920 and sign a copy of your Miranda warnings? Yes. 398 00:19:24,990 --> 00:19:28,760 You wanna waive your rights and proceed with this statement? 399 00:19:28,830 --> 00:19:30,460 Yes. 400 00:19:31,000 --> 00:19:34,990 FONTANA: Nine years ago, did you know a man named Justin Leonard? 401 00:19:35,070 --> 00:19:36,730 He was my sister's boyfriend. 402 00:19:36,800 --> 00:19:40,670 Did you see him on the night of April 17, 1996? 403 00:19:40,940 --> 00:19:43,840 Yes, on Broadway and 108th Street. 404 00:19:44,450 --> 00:19:45,610 FONTANA: Tell us what happened. 405 00:19:45,680 --> 00:19:48,340 I waited for Justin to leave work. 406 00:19:48,420 --> 00:19:51,110 When he came out, I followed him for halfa block. 407 00:19:51,190 --> 00:19:53,210 FALCO: Why? 408 00:19:53,290 --> 00:19:54,650 I had a gun in my pocket. 409 00:19:55,590 --> 00:19:57,060 To scare him. 410 00:19:57,460 --> 00:20:00,050 But he grabbed my arm and 411 00:20:00,130 --> 00:20:03,690 tried to wrestle the gun away from me. 412 00:20:03,760 --> 00:20:07,500 We broke a store window when we were struggling, 413 00:20:07,570 --> 00:20:09,760 and I cut my hand. 414 00:20:09,840 --> 00:20:12,830 Somehow I had managed to pull free. 415 00:20:15,010 --> 00:20:17,940 I stepped away, 416 00:20:19,110 --> 00:20:21,510 and I shot him. 417 00:20:21,980 --> 00:20:23,850 I shot him three times. 418 00:20:24,720 --> 00:20:25,980 What did you do then? 419 00:20:29,460 --> 00:20:32,950 I left him there on the sidewalk, and I went home. 420 00:20:34,460 --> 00:20:37,450 I hid the gun in a vent on the roof of the building next to mine. 421 00:20:38,630 --> 00:20:41,930 Were you intoxicated or using drugs the night you shot Leonard? 422 00:20:43,670 --> 00:20:45,940 No. I was stone sober. 423 00:20:46,010 --> 00:20:49,500 So, if you just wanted to scare him, 424 00:20:49,580 --> 00:20:51,380 why did you end up shooting him? 425 00:20:54,850 --> 00:20:56,680 'Cause he said 426 00:20:56,750 --> 00:20:59,740 he and Nancy were in love. 427 00:21:03,620 --> 00:21:07,620 And I didn't want my sister to marry a black man. 428 00:21:16,800 --> 00:21:19,830 "Docket number 05943. 429 00:21:19,910 --> 00:21:22,970 "People v. Bruce Elwin, murder in the second degree." 430 00:21:23,040 --> 00:21:24,600 How do you plead, Mr. Elwin? 431 00:21:24,680 --> 00:21:27,050 I'd rather not choose, Your Honor. 432 00:21:27,110 --> 00:21:29,110 Talk to your client, Mr. Clemens. 433 00:21:29,180 --> 00:21:31,350 (WHISPERING) What's the matter? I don't want to choose. 434 00:21:32,020 --> 00:21:33,450 (WHISPERING CONTINUES) 435 00:21:36,090 --> 00:21:38,560 He refuses to enter a plea. He's adamant. 436 00:21:38,630 --> 00:21:40,560 Then I'll do it for him. Not guilty. 437 00:21:40,630 --> 00:21:41,690 People on bail? 438 00:21:41,760 --> 00:21:46,760 Your Honor, the defendant freely confessed to a murder motivated by racial animus. 439 00:21:46,830 --> 00:21:48,100 We plan a hate crime enhancement. 440 00:21:48,170 --> 00:21:49,660 We're asking that Mr. Elwin be remanded. 441 00:21:50,500 --> 00:21:52,910 So I suppose you're going to tell me that he deserves some bail 442 00:21:52,970 --> 00:21:54,460 because he turned himself in? 443 00:21:54,540 --> 00:21:57,010 Actually, no. Mr. Elwin consents to remand. 444 00:21:57,880 --> 00:21:59,110 I wish they were all that easy. 445 00:21:59,180 --> 00:22:01,150 The defendant is remanded. 446 00:22:01,220 --> 00:22:02,840 Send it to a Trial Part. 447 00:22:02,920 --> 00:22:04,650 (GAVEL FALLS) 448 00:22:06,920 --> 00:22:09,050 I'm as competitive as the next guy. 449 00:22:09,120 --> 00:22:11,150 Do you think it was fun sitting on my hands at arraignment? 450 00:22:12,030 --> 00:22:15,390 So what's it about, Kevin? Look, there's no hidden agenda here. 451 00:22:15,460 --> 00:22:16,830 Elwin's genuinely remorseful. 452 00:22:16,900 --> 00:22:20,060 The first thing he said to me is he wants to throw himself on the mercy of the court 453 00:22:20,130 --> 00:22:21,260 and do his time. 454 00:22:21,470 --> 00:22:24,730 All 30 years of it? He knows the deal. 455 00:22:26,840 --> 00:22:30,300 And you're just gonna stand back and assist him in committing legal suicide. 456 00:22:30,380 --> 00:22:32,510 He's the client. 457 00:22:32,580 --> 00:22:35,280 I advise him of his options, and he makes the calls. 458 00:22:38,550 --> 00:22:40,780 If it walks like a duck, talks like a duck... 459 00:22:40,860 --> 00:22:44,490 When was the last time you had a case where the defendant surrendered, confessed, 460 00:22:44,590 --> 00:22:48,190 and, I quote, "threw himself on the mercy of the court"? Neven 461 00:22:48,260 --> 00:22:49,820 There's your duck. 462 00:22:49,900 --> 00:22:54,700 So calendar an allocution on a guilty plea. We'll see if Elwin balks. 463 00:22:57,870 --> 00:23:01,740 Your client intends to enter a plea of guilty to second degree murder, Mr. Clemens? 464 00:23:01,810 --> 00:23:02,970 That's correct, Judge. 465 00:23:03,040 --> 00:23:06,910 Does he wish to challenge the hate enhancement filed by the District Attorney? 466 00:23:07,010 --> 00:23:08,000 No. 467 00:23:08,080 --> 00:23:12,710 Mr. Elwin, do you understand that I can sentence you to 30- years-to-life on this plea? 468 00:23:12,820 --> 00:23:14,080 Yes, sir, I do. 469 00:23:15,960 --> 00:23:17,480 Very well. 470 00:23:17,860 --> 00:23:20,090 Will you take his allocution, Mr. McCoy? 471 00:23:20,160 --> 00:23:22,990 On the night of April 7, 1996, 472 00:23:23,060 --> 00:23:26,190 did you shoot Justin Leonard with the intent to kill him? 473 00:23:26,270 --> 00:23:27,260 Yes. 474 00:23:27,330 --> 00:23:29,860 Can you tell us in your own words how this happened? 475 00:23:31,810 --> 00:23:35,570 I went to the store where Justin worked. 476 00:23:35,640 --> 00:23:38,770 Then I waited outside for him. 477 00:23:38,850 --> 00:23:42,940 May I be heard, Judge? I've been retained to represent Bruce Elwin. 478 00:23:43,020 --> 00:23:46,150 You're a little late, Miss Weiss. He's just about to allocute. 479 00:23:46,220 --> 00:23:49,020 Not anymore. His guilty plea is withdrawn. 480 00:23:51,890 --> 00:23:56,800 Sorry for the histrionics, but I was retained an hour before this case was calendared. 481 00:23:56,860 --> 00:23:59,630 If you were proceeding with the guilty plea, you wouldn't be here. 482 00:23:59,700 --> 00:24:02,140 You always could read the handwriting on the wall, Jack. 483 00:24:02,200 --> 00:24:03,570 Maybe you should do the same. 484 00:24:03,640 --> 00:24:06,570 We have a rock-solid confession, and a murder weapon stashed 50 feet 485 00:24:06,640 --> 00:24:07,840 from your client's front door. 486 00:24:07,910 --> 00:24:12,280 I know you have a strong case on the evidence, but I have a strong case on the equities. 487 00:24:12,350 --> 00:24:13,580 This is a hate crime. 488 00:24:13,650 --> 00:24:17,350 For the past nine years, my client has led an exemplary life. 489 00:24:17,420 --> 00:24:19,410 Meaning he hasn't murdered any other black men? 490 00:24:19,490 --> 00:24:21,890 Meaning he shouldn't be prosecuted at all. 491 00:24:21,960 --> 00:24:24,190 He is a different person than the one who committed, 492 00:24:24,260 --> 00:24:26,960 what even he agrees, is a despicable crime. 493 00:24:27,030 --> 00:24:28,050 What's the punchline? 494 00:24:28,130 --> 00:24:29,390 I'm filing a Clayton motion 495 00:24:29,460 --> 00:24:33,230 asking that his case be dismissed in the interest of justice. 496 00:24:33,300 --> 00:24:38,900 Ever since he committed this crime, Mr. Elwin's been a born-again Christian. 497 00:24:46,780 --> 00:24:48,410 I don't see a way out of this, Jack. 498 00:24:48,480 --> 00:24:51,140 If Judge Taylor grants the Clayton motion, it's a dismissal on the merits. 499 00:24:51,220 --> 00:24:52,280 The defendant walks. 500 00:24:52,350 --> 00:24:53,790 A successful Clayton motion is 501 00:24:53,850 --> 00:24:57,120 rare enough. I don't think this one has a snowball's chance in hell. 502 00:24:57,190 --> 00:25:01,360 There are more people who believe in angels in this country than in evolution. 503 00:25:01,430 --> 00:25:03,400 I doubt if Judge Taylor is one of them. 504 00:25:03,460 --> 00:25:04,450 Then we lucked out. 505 00:25:04,530 --> 00:25:06,690 There's ajudge or three who could be sympathetic to this. 506 00:25:06,770 --> 00:25:07,760 For instance? 507 00:25:07,840 --> 00:25:11,430 Justice Scalia said our laws derive their authority from God. 508 00:25:11,510 --> 00:25:16,070 William O. Douglas wrote that we're a religious people whose institutions presuppose 509 00:25:16,140 --> 00:25:17,130 a supreme being. 510 00:25:17,210 --> 00:25:19,510 How does that translate into a free pass for murder? 511 00:25:20,180 --> 00:25:23,240 The defense is arguing that since Elwin has redeemed himself 512 00:25:23,320 --> 00:25:26,150 in the eyes of the Lord, the law should recognize that. 513 00:25:26,220 --> 00:25:29,660 It will, after he admits his responsibility! 514 00:25:29,720 --> 00:25:31,380 He tried that, Weiss pulled the plug. 515 00:25:31,460 --> 00:25:34,450 The stratagem is just an excuse for Wendy Weiss 516 00:25:34,530 --> 00:25:37,590 to put on a little guerilla theater in the courtroom. 517 00:25:37,660 --> 00:25:39,890 No better time than now, Jack. 518 00:25:39,970 --> 00:25:42,630 She's dreaming if she thinks she can cash in on that. 519 00:25:42,700 --> 00:25:44,730 Would you have ever dreamed that Congress and the President 520 00:25:44,810 --> 00:25:47,270 would intervene in the Terry Schiavo situation? 521 00:25:47,340 --> 00:25:50,330 Or that the Colorado Supreme Court would split three to two on whether 522 00:25:50,410 --> 00:25:53,310 the jury could consult the Bible on the death sentence? 523 00:25:53,380 --> 00:25:56,610 Trust me. Wendy Weiss is not a true believer. 524 00:25:56,680 --> 00:25:58,210 What does she have to lose? 525 00:25:58,290 --> 00:26:01,020 If her Clayton motion is denied, she's no worse off. 526 00:26:01,090 --> 00:26:04,110 If Judge Taylor doesn't bite, this could work as jury nullification. 527 00:26:04,530 --> 00:26:07,050 In New York City? I'll take my chances. 528 00:26:07,660 --> 00:26:10,320 Maybe it's a good thing I'm not on your jury. 529 00:26:11,200 --> 00:26:13,460 Really? I go to church, Jack. 530 00:26:13,530 --> 00:26:15,700 I believe in spiritual redemption. 531 00:26:15,770 --> 00:26:19,140 The born-again Christians that I know have had a genuine moral awakening. 532 00:26:19,210 --> 00:26:23,270 And people facing life in prison, often "awake" to find religion. 533 00:26:25,880 --> 00:26:28,780 So why don't I find out just how genuine Elwin's transformation was? 534 00:26:32,420 --> 00:26:34,290 Bruce moved in here over 10 years ago. 535 00:26:34,820 --> 00:26:39,320 He had a stereo system on this wall, a big TV, tons of video games. 536 00:26:39,390 --> 00:26:41,690 He had a real nice leather sofa set over here. 537 00:26:42,100 --> 00:26:43,620 What happened to it all? 538 00:26:43,700 --> 00:26:46,290 One day the Salvation Army truck pulled up, took it all. 539 00:26:46,370 --> 00:26:49,030 He gave away his BMW, too. When was this? 540 00:26:49,100 --> 00:26:51,770 About nine years ago, that's when he drank the Kool-Aid. 541 00:26:51,840 --> 00:26:53,200 He found religion? Yeah. 542 00:26:53,270 --> 00:26:55,640 One day I call him up, and he says he's not hangin' out anymore. 543 00:26:55,710 --> 00:26:57,730 Says he's changin' his life. Next thing I know, 544 00:26:57,810 --> 00:27:00,010 it's Jesus this and the Lord that. 545 00:27:00,080 --> 00:27:02,810 Oh man, I went to Catholic school, all right? 546 00:27:02,880 --> 00:27:04,320 So we didn't hang out anymore. 547 00:27:04,380 --> 00:27:07,980 And he quit his job, too, started to work for one of them do-gooder outfits. 548 00:27:11,090 --> 00:27:13,960 Bruce was a Senior Systems Analyst at a bank. 549 00:27:14,030 --> 00:27:16,460 He said he wanted to give notice and work here. 550 00:27:16,530 --> 00:27:19,020 Did he say why? He didn't need to. 551 00:27:19,100 --> 00:27:20,570 It was obvious he wanted to change his life 552 00:27:20,630 --> 00:27:22,470 and give something back to the community. 553 00:27:22,540 --> 00:27:24,060 How could you tell? 554 00:27:24,140 --> 00:27:25,870 There are many people like Bruce, 555 00:27:25,940 --> 00:27:29,810 people who wake up one morning and are unhappy with what they see in the mirror. 556 00:27:29,880 --> 00:27:32,540 He was making $200,000. 557 00:27:32,610 --> 00:27:36,020 I told him the Westside Family Center could only pay him eight or nine. 558 00:27:36,080 --> 00:27:38,380 And he said he'd take it on one condition. 559 00:27:38,490 --> 00:27:44,120 That I'd tithe ten percent of his salary and earmark it for one of our children's funds. 560 00:27:44,190 --> 00:27:47,650 I talked to friends, co-workers, family. 561 00:27:47,730 --> 00:27:49,420 Bruce Elwin is the real deal. 562 00:27:49,500 --> 00:27:51,560 Within weeks after he murdered Justin Leonard, 563 00:27:51,630 --> 00:27:55,300 he renounced his lifestyle and most of its worldly accoutrements. 564 00:27:55,370 --> 00:27:58,340 Means you're gonna have to oppose his motion on the merits. 565 00:27:58,410 --> 00:28:00,970 That's fine, because it has no merit. 566 00:28:01,040 --> 00:28:03,600 You may think that, but the facts indicate that Elwin spent 567 00:28:03,680 --> 00:28:06,110 the last nine years atoning for what he did. 568 00:28:06,180 --> 00:28:08,840 I don't care if he comes to court with a hair shirt and a scourge. 569 00:28:08,920 --> 00:28:11,320 Murder is murder! 570 00:28:11,390 --> 00:28:14,980 And the defense will argue that if rehabilitation is the reason that we put murderers 571 00:28:15,060 --> 00:28:19,080 in jail, Elwin's well on his way to accomplishing that on his own. 572 00:28:19,160 --> 00:28:21,990 There are other reasons for incarceration, 573 00:28:22,060 --> 00:28:24,930 deterrence, denunciation, 574 00:28:25,000 --> 00:28:28,830 and there's a catharsis for everyone in seeing the guilty punished. 575 00:28:28,940 --> 00:28:31,170 But we stopped holding executions in the town square. 576 00:28:31,240 --> 00:28:33,070 And they're not called penitentiaries anymore, 577 00:28:33,140 --> 00:28:34,570 they're correctional facilities. 578 00:28:34,640 --> 00:28:37,510 Anyone who's ever been in one knows that that's a bad joke. 579 00:28:37,580 --> 00:28:39,840 You can't dispute the fact that Elwin is doing more for 580 00:28:39,910 --> 00:28:42,970 society now, than if he spent his life in jail. 581 00:28:43,050 --> 00:28:45,750 So we'll forgive you if you kill someone, so long as you 582 00:28:45,820 --> 00:28:47,840 demonstrate you're really sorry. 583 00:28:47,960 --> 00:28:50,080 Forgiveness is a Christian ideal. 584 00:28:50,160 --> 00:28:54,460 And if you don't believe in Christ, well, then you just have to do your time? 585 00:28:54,530 --> 00:28:58,120 The logical outgrowth of this insanity. 586 00:28:58,200 --> 00:29:01,360 The defense is asking Judge Taylor to recuse himself. 587 00:29:01,440 --> 00:29:04,930 Why? He has an anti-Christian bias. 588 00:29:06,140 --> 00:29:08,730 You sent my blood pressure off the charts with this one, Ms. Weiss. 589 00:29:08,810 --> 00:29:13,140 Nothing personal, Judge, but when you consider the subject matter of our Clayton motion. 590 00:29:13,210 --> 00:29:16,110 Of course it's personal. It's blatant judge shopping, YourHonoL 591 00:29:16,180 --> 00:29:18,170 And you better convince me otherwise, Counselor. 592 00:29:18,250 --> 00:29:20,220 When you sat in Civil Term, 593 00:29:20,290 --> 00:29:24,750 you demonstrated an anti-Christian bias in several of your decisions. 594 00:29:24,830 --> 00:29:27,620 In Cohen v. Tenants Association, you ordered a creche 595 00:29:27,690 --> 00:29:29,360 removed from Gramercy Park, 596 00:29:29,430 --> 00:29:33,420 in Waverly v. Board of Ed, you prohibited funding for an after-school Bible club. 597 00:29:33,500 --> 00:29:35,800 Those decisions were mandated by the First Amendment. 598 00:29:35,870 --> 00:29:38,860 You joined in a memo forbidding the singing of carols at the 599 00:29:38,940 --> 00:29:40,170 courthouse Christmas party. 600 00:29:40,240 --> 00:29:42,940 You were supported for your re-election by the Libertarian Party 601 00:29:43,010 --> 00:29:44,030 and the ACLU. 602 00:29:44,180 --> 00:29:48,910 Do you have a list of the books Judge Taylor borrowed from the library? 603 00:29:48,980 --> 00:29:50,850 You know what, Ms. Weiss? 604 00:29:50,920 --> 00:29:53,610 As deeply offended by this as I am, 605 00:29:53,690 --> 00:29:55,550 I'm going to recuse myself. 606 00:29:55,620 --> 00:29:58,090 I can't believe you're acquiescing to this, Judge! 607 00:29:58,160 --> 00:30:00,220 I don't need you riding me, Mr. McCoy! 608 00:30:00,290 --> 00:30:02,190 If you entertain this application, 609 00:30:02,260 --> 00:30:05,490 you will only encourage more disqualification motions! 610 00:30:05,570 --> 00:30:08,030 Black defendants demanding blackjudges, 611 00:30:08,100 --> 00:30:11,230 gay defendants, seeking... I get the point. 612 00:30:11,310 --> 00:30:15,900 But I need the resolution of this matter to be bulletproof. 613 00:30:18,350 --> 00:30:20,750 To avoid the appearance of any impropriety 614 00:30:20,810 --> 00:30:22,580 or retaliation against the defendant, 615 00:30:22,650 --> 00:30:26,140 I refer this matter for a hearing in the Motion Part. 616 00:30:26,220 --> 00:30:28,280 That would be... 617 00:30:28,360 --> 00:30:29,620 Judge Proctor, 618 00:30:29,690 --> 00:30:32,750 who I'm sure is on all the right lists! 619 00:30:37,830 --> 00:30:40,730 When did Bruce Elwin join your congregation, Pastor? 620 00:30:40,800 --> 00:30:41,830 Nine years ago. 621 00:30:41,900 --> 00:30:44,670 And is he an active member of the Second Church of the Lamb? 622 00:30:44,740 --> 00:30:47,330 Oh, yes. Bruce is a regular worshipper. 623 00:30:47,410 --> 00:30:49,140 And a frequent volunteer. 624 00:30:49,210 --> 00:30:50,570 He's on our Steering Committee, 625 00:30:50,640 --> 00:30:54,140 and he works two nights a week in our Church Pantry serving meals to the indigent. 626 00:30:59,920 --> 00:31:03,690 Did Mr. Elwin ever consult you on personal matters, Pastor? 627 00:31:03,760 --> 00:31:06,120 From time to time. 628 00:31:06,190 --> 00:31:10,530 Did he ever tell you what prompted him to become a born-again Christian? 629 00:31:10,600 --> 00:31:13,230 Only in a roundabout way, Mr. McCoy. 630 00:31:13,300 --> 00:31:14,860 He talked about his faith, 631 00:31:14,940 --> 00:31:18,460 and how grateful he was to find salvation in the Lord Jesus Christ. 632 00:31:18,540 --> 00:31:23,670 He never admitted to you that he murdered Justin Leonard? 633 00:31:24,640 --> 00:31:25,630 No. 634 00:31:26,580 --> 00:31:30,850 So you didn't know that he killed him because he was an African-American? 635 00:31:32,150 --> 00:31:37,780 Even so, if Bruce now accepts the Lord Jesus Christ as his personal Savior, 636 00:31:38,530 --> 00:31:40,190 I'd still embrace him. 637 00:31:50,500 --> 00:31:52,630 Did you kill Justin Leonard? 638 00:31:52,710 --> 00:31:54,370 Yes, I did. 639 00:31:54,440 --> 00:31:59,040 Can you tell us what happened after you shot him, Bruce? 640 00:31:59,110 --> 00:32:00,840 I went back to my apartment. 641 00:32:00,910 --> 00:32:06,220 I had a bottle of bourbon, and I started drinking until I passed out. 642 00:32:06,290 --> 00:32:09,550 I woke up the next day in a pool of my own vomit. 643 00:32:09,660 --> 00:32:12,390 And then I remembered what I'd done. 644 00:32:12,460 --> 00:32:13,450 Luh... 645 00:32:13,530 --> 00:32:17,660 I went outside, and I walked to one of the piers on the Hudson River. 646 00:32:18,730 --> 00:32:20,670 Why, Bruce? 647 00:32:20,730 --> 00:32:24,670 To decide whether to throw myself into the river, 648 00:32:24,740 --> 00:32:26,970 or turn myself in. 649 00:32:27,040 --> 00:32:28,530 I sat there and 650 00:32:28,610 --> 00:32:30,940 stared at the water, 651 00:32:31,010 --> 00:32:32,640 and I decided. 652 00:32:32,710 --> 00:32:35,910 The river was my only way out. 653 00:32:35,980 --> 00:32:39,650 That's when I heard church bells off in the distance. 654 00:32:39,720 --> 00:32:41,210 I stopped. 655 00:32:41,290 --> 00:32:43,120 And I listened. 656 00:32:44,660 --> 00:32:48,150 It was Jesus calling me back from the edge of that pier. 657 00:32:48,230 --> 00:32:50,790 And at that moment, I 658 00:32:51,470 --> 00:32:54,590 turned toward Him and never looked back. 659 00:32:54,670 --> 00:32:56,330 May I ask a question? 660 00:32:56,400 --> 00:32:58,530 As you sit here today, Mr. Elwin, 661 00:32:58,610 --> 00:33:02,200 how do you feel about what you did to Justin Leonard? 662 00:33:02,740 --> 00:33:05,110 What I did and what I felt 663 00:33:05,180 --> 00:33:06,940 was evil. 664 00:33:07,350 --> 00:33:11,750 The hate that was inside me, 665 00:33:11,820 --> 00:33:14,980 that was because I kept Jesus out of my soul. 666 00:33:21,360 --> 00:33:24,960 After you had this epiphany, Mr. Elwin, 667 00:33:25,030 --> 00:33:28,190 why didn't you turn yourself in? 668 00:33:28,270 --> 00:33:31,570 I thought the police would come for me. 669 00:33:31,640 --> 00:33:33,970 I... I called in sick, 670 00:33:34,040 --> 00:33:36,770 and I just sat in my apartment, day after day. 671 00:33:36,840 --> 00:33:38,540 I prayed. 672 00:33:38,610 --> 00:33:42,340 And I waited for that knock on the door, but it never came. 673 00:33:42,420 --> 00:33:43,940 Then I realized, 674 00:33:44,020 --> 00:33:47,010 the Lord had other plans for me. 675 00:33:48,720 --> 00:33:50,710 That's when I quit my job, 676 00:33:50,790 --> 00:33:52,850 and dedicated my life to serving Christ. 677 00:33:52,930 --> 00:33:55,760 A righteous man would have admitted his crime. 678 00:33:55,830 --> 00:33:58,590 Why'd you wait nine years? 679 00:33:58,670 --> 00:34:02,660 I just put myself into Christ's hands, 680 00:34:02,740 --> 00:34:05,000 and He sends me where He sends me. 681 00:34:05,070 --> 00:34:07,400 You read the Bible? Most days. 682 00:34:07,470 --> 00:34:11,910 Do you adhere to what it teaches about murder and retribution? 683 00:34:11,980 --> 00:34:14,880 Thou shalt not kill, 684 00:34:14,950 --> 00:34:18,480 an eye for an eye. Yes, those are part of my beliefs. 685 00:34:20,120 --> 00:34:23,610 So you believe you should be punished for the sin you committed? 686 00:34:24,190 --> 00:34:26,320 That's not for me to say. 687 00:34:26,690 --> 00:34:31,760 All I can tell you is I let Jesus Christ into my heart, and asked Him for salvation. 688 00:34:31,830 --> 00:34:36,200 Did Jesus direct you to file a motion to dismiss the murder charge against you? 689 00:34:36,270 --> 00:34:39,500 I'm not some kind of nut, Mr. McCoy. 690 00:34:39,570 --> 00:34:43,070 The Calvary Hill Foundation hired Ms. Weiss to represent me. 691 00:34:43,140 --> 00:34:46,940 Once she knew all the facts, she had this idea. 692 00:34:47,010 --> 00:34:48,980 To change! 693 00:34:49,050 --> 00:34:52,210 Your plea of guilty to murder, 694 00:34:52,290 --> 00:34:53,780 into a motion, 695 00:34:53,850 --> 00:34:56,350 to excuse you from all the consequences? 696 00:34:56,420 --> 00:34:59,120 I know it doesn't sound logical to you. 697 00:35:00,760 --> 00:35:04,590 "When the Lord closes the door, he opens a window." 698 00:35:10,870 --> 00:35:14,600 God works in mysterious ways, Mr. Elwin. 699 00:35:14,670 --> 00:35:17,870 You don't need to convince me, Mr. McCoy. 700 00:35:27,990 --> 00:35:30,420 It's not easy to cross examine a true believer, Jack. 701 00:35:30,490 --> 00:35:32,150 Religion's one thing. 702 00:35:32,230 --> 00:35:35,750 But to invoke it as a mantra to avoid personal responsibility... 703 00:35:35,830 --> 00:35:38,230 Mantra or not, Judge Proctor seemed riveted. 704 00:35:38,300 --> 00:35:39,660 Excuse me. 705 00:35:39,730 --> 00:35:42,030 Is he gonna get away with killin' my son? 706 00:35:42,140 --> 00:35:44,070 Not if I can help it, sir. 707 00:35:44,140 --> 00:35:47,470 I believe in God too, Mr. McCoy. 708 00:35:47,540 --> 00:35:50,370 I try to forgive, I just don't have it in me. 709 00:35:50,440 --> 00:35:52,840 I wish there was something I could say besides I'm sorry. 710 00:35:52,910 --> 00:35:55,350 No offense, but I've been hearing "sorry" all morning. 711 00:35:55,420 --> 00:35:58,910 How about "don't do it in the first place"? 712 00:36:03,860 --> 00:36:06,490 Elwin's the last of the defense witnesses. 713 00:36:06,560 --> 00:36:09,930 I wonder why they're not calling his sister? 714 00:36:10,000 --> 00:36:12,330 She didn't give the cops a DNA sample. 715 00:36:12,400 --> 00:36:14,990 Maybe she isn't atrue believer in her brother. 716 00:36:15,070 --> 00:36:16,830 Let's hit her with a subpoena. 717 00:36:20,910 --> 00:36:24,540 Bruce and I didn't know any African-Americans growing up in New Hampshire. 718 00:36:24,610 --> 00:36:27,770 So how did he react when you started dating Justin Leonard? 719 00:36:27,850 --> 00:36:30,870 He asked how serious it was. 720 00:36:33,150 --> 00:36:35,710 I told Bruce that I was in love with him. 721 00:36:36,160 --> 00:36:38,780 How did your brother respond? 722 00:36:39,860 --> 00:36:41,490 I don't remember. 723 00:36:41,560 --> 00:36:45,520 He's admitted to killing Justin because he was black, Mrs. Harvard, 724 00:36:45,600 --> 00:36:47,230 he must have said something? 725 00:36:47,600 --> 00:36:51,700 I guess maybe he did. Well, what did he say? 726 00:36:54,770 --> 00:36:57,070 He said that... 727 00:36:58,650 --> 00:37:00,980 He said that he didn't want me to waste my life. 728 00:37:02,520 --> 00:37:04,920 Waste it how? 729 00:37:06,620 --> 00:37:08,990 Waste it how, Mrs. Harvard? 730 00:37:09,060 --> 00:37:12,120 To waste it on... 731 00:37:12,190 --> 00:37:14,630 To waste it on a black guy. 732 00:37:15,960 --> 00:37:18,450 Was that the language he used? 733 00:37:19,000 --> 00:37:21,130 No. He... 734 00:37:22,400 --> 00:37:24,530 He used another word. 735 00:37:29,310 --> 00:37:31,400 Do I have to say it? 736 00:37:33,980 --> 00:37:37,210 So after saying what he said, 737 00:37:37,280 --> 00:37:39,450 and doing what he did, 738 00:37:39,520 --> 00:37:42,680 do you honestly believe your brother is different now? 739 00:37:42,790 --> 00:37:44,660 Yes. 740 00:37:44,720 --> 00:37:46,280 Imean, I... 741 00:37:46,360 --> 00:37:48,050 I--- 742 00:37:48,130 --> 00:37:52,160 He called me from jail to say how sorry he was. 743 00:37:52,500 --> 00:37:54,470 And you accepted his apology? 744 00:37:54,530 --> 00:37:55,930 I did. 745 00:37:58,570 --> 00:38:00,770 I really want to. 746 00:38:02,940 --> 00:38:06,640 But how can you know what's in another person's heart? 747 00:38:25,230 --> 00:38:27,860 No one could argue with a straight face 748 00:38:27,930 --> 00:38:32,870 that Bruce's faith and rehabilitation aren't sincere. 749 00:38:32,940 --> 00:38:37,140 So here's the $64,000 question, Judge. 750 00:38:37,210 --> 00:38:41,670 Will the law recognize his rebirth in Jesus Christ? 751 00:38:41,750 --> 00:38:46,410 Or is it too scary to acknowledge that there's a higher moral authority than 752 00:38:46,490 --> 00:38:50,290 what's written in a lawbook somewhere? 753 00:38:50,360 --> 00:38:54,620 Bruce Elwin rendered himself unto the very power we openly 754 00:38:54,690 --> 00:38:59,830 acknowledge is the inspiration, even the source, of our legal institutions. 755 00:38:59,900 --> 00:39:04,200 God is woven into the fabric of our laws. 756 00:39:04,970 --> 00:39:08,200 Our legislative and our judicial bodies 757 00:39:08,270 --> 00:39:11,470 open their sessions with prayer. 758 00:39:11,540 --> 00:39:16,980 Witnesses who come into this courtroom are asked to swear on a Bible. 759 00:39:17,050 --> 00:39:19,250 Over your head, Judge, 760 00:39:19,320 --> 00:39:21,290 higher than the law itself, 761 00:39:21,350 --> 00:39:23,190 is a simple statement, 762 00:39:23,260 --> 00:39:26,120 "In God We Trust". 763 00:39:26,190 --> 00:39:28,290 Is that just lip service? 764 00:39:28,360 --> 00:39:31,700 Let's put our money where our mouth is. 765 00:39:31,760 --> 00:39:35,720 Look at what God's done for Bruce Elwin. 766 00:39:35,800 --> 00:39:39,240 Can the justice of men do better? 767 00:39:44,410 --> 00:39:46,940 Is Ms. Weiss serious? 768 00:39:47,010 --> 00:39:49,610 If you really, really, really turn to God, 769 00:39:49,680 --> 00:39:53,520 you can murder someone and walk away with a clean slate? 770 00:39:53,590 --> 00:39:59,030 That doesn't put Mr. Elwin in line with any higher moral authority I'm aware of. 771 00:39:59,090 --> 00:40:01,580 It places him above the law. 772 00:40:01,660 --> 00:40:03,150 We can all acknowledge 773 00:40:03,230 --> 00:40:07,130 the existence of a higher moral authority! 774 00:40:07,670 --> 00:40:09,330 We see it in action, 775 00:40:09,400 --> 00:40:10,930 when our collective conscience 776 00:40:11,000 --> 00:40:14,960 compels us to reject unjust or immoral laws! 777 00:40:15,040 --> 00:40:17,410 But while our actions may be guided by our faith, 778 00:40:17,480 --> 00:40:21,780 we deliberately don't conduct them under the guise of religion. 779 00:40:21,850 --> 00:40:27,310 Our founders left "God" out of the Constitution, not for lack of faith among them, 780 00:40:27,390 --> 00:40:28,950 but because of what they knew 781 00:40:29,020 --> 00:40:33,760 about the toxic combination of state and religious power. 782 00:40:33,830 --> 00:40:35,790 So, 783 00:40:35,860 --> 00:40:37,560 if Mr. Elwin, 784 00:40:37,630 --> 00:40:41,090 regards his prosecution for a hate murder 785 00:40:41,170 --> 00:40:43,970 as unjust or immoral, 786 00:40:44,040 --> 00:40:48,030 let him present his arguments without the cloak of religion. 787 00:40:48,780 --> 00:40:50,970 To that, the People say the defendant's 788 00:40:51,040 --> 00:40:54,450 virtuous conduct after Justin Leonard's murder 789 00:40:54,510 --> 00:40:57,580 should be a factor in his sentencing. 790 00:40:58,580 --> 00:41:00,850 But to dismiss this case outright, 791 00:41:00,920 --> 00:41:03,390 would be a miscarriage of justice that contradicts 792 00:41:03,460 --> 00:41:07,260 more than 200 years of American jurisprudence. 793 00:41:09,160 --> 00:41:11,430 If you kill someone, Mr. Elwin, 794 00:41:11,500 --> 00:41:14,430 you have to answer to the State first. 795 00:41:14,500 --> 00:41:16,730 And to Justin Leonard, 796 00:41:16,800 --> 00:41:18,600 and his family. 797 00:41:18,670 --> 00:41:22,270 And then, hopefully, some day, to your Maker. 798 00:41:31,450 --> 00:41:34,750 I commend the defendant for using his religion and remorse 799 00:41:34,820 --> 00:41:39,020 for his heinous conduct as a fulcrum to change his life. 800 00:41:39,090 --> 00:41:43,500 I believe his transformation is heartfelt and sincere. 801 00:41:44,100 --> 00:41:47,730 Nevertheless, for the reasons stated by Mr. McCoy, 802 00:41:47,800 --> 00:41:50,830 I'm denying the defendant's motion to dismiss the murder charge 803 00:41:50,900 --> 00:41:52,930 in the interests of justice. 804 00:41:53,010 --> 00:41:55,940 Let's set a trial date. (GAVEL FALLS) 805 00:42:00,180 --> 00:42:02,740 Unless the defendant wants to "put his money where his mouth is". 806 00:42:02,820 --> 00:42:04,540 No, this is going to ajury. 807 00:42:04,620 --> 00:42:06,050 Don't you wanna hear my offer? 808 00:42:06,120 --> 00:42:09,210 I know you, Jack, I know it's not gonna be anywhere in the ballpark. 809 00:42:09,290 --> 00:42:12,120 Then you know I'll do everything in my power to keep you from jamming this 810 00:42:12,190 --> 00:42:14,350 defense in through jury nullification. 811 00:42:14,430 --> 00:42:17,800 Well, you can't stop me from calling lots of character witnesses. 812 00:42:17,900 --> 00:42:19,460 Back door's as good as the front. 813 00:42:19,530 --> 00:42:21,260 No. 814 00:42:21,330 --> 00:42:22,390 No. 815 00:42:22,470 --> 00:42:25,600 This is a sign. Bruce, please. 816 00:42:25,670 --> 00:42:28,300 I murdered him, 817 00:42:28,370 --> 00:42:29,470 and I'll plead guilty. 818 00:42:29,540 --> 00:42:32,510 Do that and you'll spend the rest of your life in jail, Bruce. 819 00:42:32,580 --> 00:42:35,640 If that's what the Lord wants. 820 00:42:35,720 --> 00:42:39,850 There's only one way for me to be at peace with Jesus now. 821 00:42:44,060 --> 00:42:46,620 And it's to pay for what I've done. 822 00:43:01,170 --> 00:43:06,040 I'll, uh, I'll call the Judge, I'll let her know. 823 00:43:06,110 --> 00:43:07,710 Too bad. 824 00:43:07,780 --> 00:43:12,410 Way things are goin' in this country, I could've hung the jury. 825 00:43:12,490 --> 00:43:15,080 Next time, Wendy. 826 00:43:21,490 --> 00:43:23,590 I'm just curious, Jack. 827 00:43:23,660 --> 00:43:26,160 What were you going to offer? 828 00:43:26,230 --> 00:43:28,130 I was considering going as low as man one, 829 00:43:28,200 --> 00:43:31,000 praise the Lord. 66977

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