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NARRATOR:
In the criminal justice system
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00:00:03,170 --> 00:00:07,030
the people are represented by two
separate yet equally important groups,
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00:00:07,100 --> 00:00:08,930
the police
who investigate crime
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00:00:09,000 --> 00:00:11,800
and the district attorneys
who prosecute the offenders.
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00:00:11,870 --> 00:00:13,470
These are their stories.
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(PANICKED CLAMORING)
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What's your location, Ladder
Seven-Two Can Man?
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OVER RADIO: Search negative in
apartment six-baker. Everybody's out.
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00:00:23,290 --> 00:00:25,280
Received, six is clear.
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00:00:25,350 --> 00:00:27,350
I'm gonna go check the
stairwell to the roof.
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00:00:28,720 --> 00:00:29,890
We got flashover
in six-baker!
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00:00:29,960 --> 00:00:32,790
Time to get outta there,
Ladder Seven-Two Can Man!
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00:00:32,860 --> 00:00:34,450
I don't like this.
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00:00:34,530 --> 00:00:35,730
Pick up transmission!
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00:00:35,800 --> 00:00:38,460
Evacuate the building, Ladder
Seven-Two Can Man!
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00:00:38,530 --> 00:00:39,560
Mayday! May...
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00:00:41,700 --> 00:00:44,000
Get the fast truck
in there, now!
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00:00:46,340 --> 00:00:48,970
(SCREAMING)
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That was Sean!
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00:00:50,910 --> 00:00:52,710
(SHOUTING) Paramedics!
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He got trapped on top
of the main burn.
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Poor guy had two choices,
jump or be incinerated.
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00:00:58,590 --> 00:01:00,520
What about his
emergency line?
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00:01:00,590 --> 00:01:02,460
The old ones were too
heavy to carry.
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00:01:02,520 --> 00:01:04,930
And the brass hasn't approved any
of the lighter-weight models.
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00:01:04,990 --> 00:01:06,460
Well, I take my hat
off to you guys.
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00:01:06,530 --> 00:01:09,960
Personally, I'd rather dodge bullets
than run into a burning building.
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00:01:10,030 --> 00:01:11,230
What was his name?
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00:01:11,300 --> 00:01:14,030
Sean Grafton from
Ladder Seventy-Two.
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00:01:14,100 --> 00:01:16,330
His old man and two brothers
in the department.
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00:01:16,410 --> 00:01:19,310
He have a family?
Yeah, a wife and two kids.
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00:01:19,370 --> 00:01:20,840
That's rough.
How'd it start?
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00:01:20,910 --> 00:01:22,070
That's why we called.
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00:01:22,140 --> 00:01:24,310
Guys who were up there said
multiple points of origin.
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Arson.
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00:01:25,450 --> 00:01:27,250
Well, we'll know more when we
get back in the building,
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00:01:27,320 --> 00:01:30,080
but nine times out often,
you're right.
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00:01:30,150 --> 00:01:32,180
Which means Sean Grafton
was murdered.
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00:02:24,170 --> 00:02:27,440
The fire was started in two
separate areas of the sixth floor.
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00:02:27,510 --> 00:02:29,640
The east stairwell landing
and the hallway.
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00:02:29,710 --> 00:02:31,650
Was there any evidence
of an accelerant?
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00:02:31,710 --> 00:02:35,310
Here and here, and a gallon milk
bottle with traces of gasoline.
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00:02:35,380 --> 00:02:37,790
We're really lucky just to
have the one fatality.
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00:02:37,850 --> 00:02:39,840
We need to figure out who the
target was.
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00:02:39,920 --> 00:02:42,450
So we're thinkin' personal,
not arson for profit.
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00:02:42,520 --> 00:02:45,620
Well, it doesn't make sense to me that
someone would torch the top floor
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00:02:45,690 --> 00:02:47,560
if they wanted to burn down
the whole building.
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00:02:47,660 --> 00:02:50,260
Gas in a milk bottle, this guy
was an amateur.
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00:02:50,330 --> 00:02:52,960
Well, there's
four apartments on six.
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00:02:53,040 --> 00:02:55,830
And they're all burned out. So while
you guys run down the residents
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00:02:55,900 --> 00:02:58,600
I'll canvass the gas stations
in the area.
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00:03:01,510 --> 00:03:03,480
My smoke detector never
went off.
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00:03:03,550 --> 00:03:05,100
If one of my neighbors hadn't
pounded on the door,
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00:03:05,180 --> 00:03:06,650
we would've been
fried to a crisp.
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00:03:07,020 --> 00:03:08,070
Do you live with somebody?
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00:03:08,150 --> 00:03:09,520
My daughter, Hannah.
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00:03:09,580 --> 00:03:12,650
Uh, we went out the fire escape.
She was terrified.
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00:03:13,460 --> 00:03:15,510
How's she doin' now?
She's okay.
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00:03:15,590 --> 00:03:16,850
I sent her to school.
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00:03:16,930 --> 00:03:20,290
It's better she's with her friends than
sittin' upstairs in the hotel room.
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00:03:20,360 --> 00:03:23,020
Do you or your daughter have any
problems outside of the home?
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00:03:24,470 --> 00:03:25,460
What do you mean?
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00:03:25,530 --> 00:03:29,400
Does anyone wanna cause you harm?
No. No.
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00:03:29,470 --> 00:03:31,000
Where's Hannah's father,
Miss Wilder?
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00:03:31,070 --> 00:03:34,170
Oh, he's been out of the picture
since before she was born.
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00:03:34,240 --> 00:03:35,900
And your neighbors
on the sixth floor,
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00:03:35,980 --> 00:03:38,470
do any of them have ongoing
disputes that you're aware of?
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00:03:39,550 --> 00:03:41,110
Not really.
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00:03:41,180 --> 00:03:44,080
It's always been
a quiet building.
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00:03:44,150 --> 00:03:45,420
CLAUDE WORTHY:
That was somethin' huh?
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00:03:45,490 --> 00:03:47,350
To see that man
go off the roof?
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00:03:47,420 --> 00:03:48,820
Reminded me of the Towers.
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00:03:48,890 --> 00:03:52,190
Is there any reason why this might've
been directed at you, Mr. Worthy?
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00:03:52,260 --> 00:03:53,890
You think somebody set that
fire?
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00:03:53,960 --> 00:03:55,590
We're just covering
all the bases.
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00:03:55,660 --> 00:03:58,130
Then you should cover that
woman across the hall from me.
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00:03:58,200 --> 00:03:59,790
The one in Six-B.
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00:03:59,870 --> 00:04:00,930
Emily Wilder?
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00:04:01,000 --> 00:04:02,560
With the little girl.
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00:04:02,640 --> 00:04:06,570
If I had a dollar for every argument
she got into with some boyfriend.
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00:04:06,640 --> 00:04:08,370
Is there anything more
specific you can tell us,
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00:04:08,440 --> 00:04:10,210
anything that
happened recently?
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00:04:10,280 --> 00:04:11,270
Uh...
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00:04:11,350 --> 00:04:12,810
Last week was it?
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00:04:12,880 --> 00:04:14,980
A man pounding
on her door.
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00:04:15,050 --> 00:04:17,180
Yelling for her
to let him in.
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00:04:17,250 --> 00:04:20,590
I looked through my peephole to see
what all the commotion was about.
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00:04:20,660 --> 00:04:21,750
You get a look at the guy?
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00:04:21,820 --> 00:04:22,950
I got a look at his back.
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00:04:23,020 --> 00:04:24,010
White.
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00:04:24,090 --> 00:04:26,290
Brown hair over his collar.
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00:04:26,360 --> 00:04:28,490
Had on an MTAjacket.
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00:04:28,560 --> 00:04:30,550
Thanks.
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00:04:30,630 --> 00:04:33,760
So Emily Wilder forgot to
mention her rowdy boyfriend.
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00:04:33,840 --> 00:04:37,470
So she can be protecting him, or scared
he might finish what he started.
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00:04:37,540 --> 00:04:39,270
Maybe we should scare her.
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00:04:39,340 --> 00:04:42,370
There might be an easier way.
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00:04:45,010 --> 00:04:46,610
Well, have you contacted
the Board of Education?
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00:04:46,680 --> 00:04:49,210
We don't have time to get
jammed up in the bureaucracy.
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00:04:49,280 --> 00:04:50,580
Well, I'm sorry, Detective.
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00:04:50,650 --> 00:04:52,450
All right, let's go.
No, no, wait a second.
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00:04:52,520 --> 00:04:54,990
You heard about the fire last night,
the one where the fireman got killed?
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00:04:55,060 --> 00:04:56,050
Yes.
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00:04:56,120 --> 00:04:58,590
Well, it happened in Hannah
Wilder's building.
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00:04:58,660 --> 00:05:03,390
We think she still may be in danger, or
have some information that can help us.
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00:05:03,470 --> 00:05:07,300
A fire, then the police. This
kid's gonna be scared to death.
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00:05:07,370 --> 00:05:09,930
Well, it just so happens that my
partner here has two children,
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00:05:10,040 --> 00:05:12,530
and he really knows
how to talk to kids.
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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.
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00:05:16,780 --> 00:05:19,180
What do you say?
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00:05:19,250 --> 00:05:20,740
All right.
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00:05:20,820 --> 00:05:24,980
Do you have a gun? No, no, no.
I left that in the car.
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00:05:25,050 --> 00:05:27,990
Those are cool sneakers.
Thanks.
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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?
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00:05:32,090 --> 00:05:33,620
Those are cool, too.
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00:05:33,700 --> 00:05:38,030
My mom said I might get a
canopy bed for my birthday, but
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00:05:38,100 --> 00:05:40,070
now, 'cause of the fire,
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00:05:40,140 --> 00:05:41,430
we don't have
any place to live.
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00:05:42,240 --> 00:05:45,140
I'm sorry you had to go
through that, Hannah.
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00:05:45,210 --> 00:05:46,270
So,
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00:05:46,340 --> 00:05:48,170
you and your mom, you're gonna
stay in the hotel?
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00:05:48,240 --> 00:05:50,640
I don't know. We can't
stay with my dad,
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00:05:50,710 --> 00:05:53,580
'cause my mom says his
apartment isn't big enough.
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00:05:53,650 --> 00:05:55,580
Where does he live?
In the Bronx.
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00:05:55,650 --> 00:06:00,520
I never get to go there, 'cause
Mom says it's too far away.
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00:06:00,590 --> 00:06:03,320
But he likes it 'cause
it's close to his work.
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00:06:03,390 --> 00:06:06,190
Oh yeah, what does he do?
He drives the city bus.
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00:06:07,760 --> 00:06:09,660
Is his last name Wilder like
yours?
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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.
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00:06:17,770 --> 00:06:19,210
Okay, so you're gonna
open the door.
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00:06:19,270 --> 00:06:21,300
I can't just let you
in his apartment.
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00:06:21,380 --> 00:06:22,810
Sure you can,
we're authorized.
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00:06:22,880 --> 00:06:24,780
(KEYS CLINKING)
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00:06:34,090 --> 00:06:36,320
Hey! Come here.
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00:06:38,360 --> 00:06:41,230
Smell this jacket.
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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.
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00:06:52,310 --> 00:06:54,640
And, he has matches
in his pocket.
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00:06:54,710 --> 00:06:57,970
Well, the guy's a smoker.
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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?
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00:07:13,660 --> 00:07:17,390
I think we should find out who John
Gruner is watchin' chick flicks with.
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00:07:20,500 --> 00:07:22,530
(KNOCKING)
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00:07:22,600 --> 00:07:25,300
NYPD, Miss Tarantino.
You mind if we come in?
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00:07:25,370 --> 00:07:27,360
(NERVOUSLY) Well, the house is
kind of a mess right now.
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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?
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00:07:31,550 --> 00:07:33,880
Well, you see, John Gruner's apartment
got burglarized last night.
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00:07:33,950 --> 00:07:36,820
We're tryin' to find him so he
could secure his belongings.
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00:07:36,890 --> 00:07:37,980
I don't know a John Gruner.
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00:07:39,020 --> 00:07:41,350
See, I told ya, there must be
some screw-up on our end.
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00:07:41,420 --> 00:07:43,190
You mind if we come in and
straighten this out?
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00:07:43,260 --> 00:07:45,780
Can you come back a little later?
(BOTTLE CLINKING)
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00:07:45,860 --> 00:07:46,950
(SHUFFLING)
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00:07:47,030 --> 00:07:49,500
ls someone home with you?
My brother.
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00:07:49,560 --> 00:07:50,860
Listen, why don't
we cut to the chase.
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00:07:50,930 --> 00:07:52,830
If Gruner's in here, you're
harboring a fugitive.
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00:07:52,900 --> 00:07:55,960
Now are you gonna let
us look around or not?
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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.
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00:08:15,190 --> 00:08:17,890
Get down. Down!
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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.
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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!
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00:08:31,140 --> 00:08:32,130
What if I don't?
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00:08:36,080 --> 00:08:40,070
Detective Falco, can I have a few
minutes with Mr. Gruner, please?
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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,
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00:08:45,390 --> 00:08:48,880
and I don't wanna get him jammed
up by anything that I might say.
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00:08:48,960 --> 00:08:49,950
Or do.
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00:08:52,530 --> 00:08:54,460
Y cu had your
chance, Brunet.
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00:08:56,560 --> 00:08:58,090
(DOOR OPENS AND CLOSES)
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00:09:00,170 --> 00:09:02,800
So you and Emily Wilder were
havin' problems, huh?
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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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