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1
00:00:06,330 --> 00:00:08,061
In the criminal justice system
2
00:00:08,172 --> 00:00:12,005
the people are representedby two separateyet equally important groups,
3
00:00:12,075 --> 00:00:13,947
the police
who investigate crime
4
00:00:14,017 --> 00:00:16,719
and the district attorneys
who prosecute the offenders.
5
00:00:16,789 --> 00:00:18,380
These are their stories.
6
00:00:21,363 --> 00:00:22,424
That was pretty decent.
7
00:00:22,534 --> 00:00:25,196
Yeah? Well, I can't wait
to see you in action.
8
00:00:26,537 --> 00:00:29,770
Okay, so let's do this.
9
00:00:36,086 --> 00:00:37,887
Hauser,
are you working MDX?
10
00:00:37,997 --> 00:00:39,118
Yeah.
11
00:00:39,198 --> 00:00:41,460
You see what's happening?
You still want
those puts at 38?
12
00:00:41,871 --> 00:00:44,363
No, uh, scratch
the ticket.
13
00:00:49,517 --> 00:00:52,920
Todd, you look
like hell, man.
Are you okay?
14
00:00:53,050 --> 00:00:57,994
Yeah, just, uh, stay away
from that falafel guy
on Water Street.
15
00:00:58,835 --> 00:00:59,826
All right.
16
00:01:24,447 --> 00:01:26,469
Cause of death
was catastrophic
internal bleeding.
17
00:01:26,549 --> 00:01:28,280
He staggered
in a little after 4:00,
18
00:01:28,391 --> 00:01:30,512
vomited at the
admissions window
and collapsed.
19
00:01:30,592 --> 00:01:33,425
His vitals had flat-lined
by the time we got him
on the table.
20
00:01:34,065 --> 00:01:36,828
That bruising's fresh,
and his forearms are swollen.
21
00:01:36,908 --> 00:01:40,431
Probably from defending
himself from whoever beat
the crap out of him.
22
00:01:40,781 --> 00:01:43,444
Expensive shoes,
nice shirt.
23
00:01:43,514 --> 00:01:44,544
Flip him.
24
00:01:47,687 --> 00:01:50,059
Back of his shirt
and the seat of
his pants are all torn up.
25
00:01:50,129 --> 00:01:52,261
Whoever kicked his ass
had him down
on the ground.
26
00:01:52,331 --> 00:01:55,994
But not a mark on his face.
They didn't want it
to be obvious.
27
00:01:56,074 --> 00:01:58,837
Todd Hauser.
There's an address
on Rivington.
28
00:01:58,907 --> 00:02:00,398
He worked
at Wasserman Gardner.
29
00:02:00,478 --> 00:02:03,421
A stock broker,
beaten to death
in the middle of a work day.
30
00:02:04,091 --> 00:02:07,855
In this economy,
this is the kind of thing
that might catch on.
31
00:02:56,316 --> 00:02:57,848
Todd was hunched
over his desk
32
00:02:57,918 --> 00:02:59,979
all afternoon yesterday,
holding his stomach.
33
00:03:00,059 --> 00:03:01,120
I asked if he was okay.
34
00:03:01,190 --> 00:03:04,093
He just said keep away
from the falafel cart
on Water Street.
35
00:03:04,733 --> 00:03:06,895
I thought you guys never
left your desks
when the market's open.
36
00:03:06,965 --> 00:03:09,668
We don't.
Todd snuck out at lunch.
37
00:03:09,738 --> 00:03:11,139
He was carrying
rollerblades.
38
00:03:11,279 --> 00:03:13,841
I thought he went blading.
We play in a street hockey
league on Saturdays.
39
00:03:13,921 --> 00:03:16,013
Trust me, this was no
blading accident.
40
00:03:16,654 --> 00:03:18,956
If somebody hurt him,
Todd would've told me.
41
00:03:19,126 --> 00:03:20,687
Did he have any
other past-times?
42
00:03:20,767 --> 00:03:21,928
Drugs, gambling.
43
00:03:21,998 --> 00:03:24,260
No.
Are these the skates
you saw him with?
44
00:03:24,340 --> 00:03:25,892
Yes.
45
00:03:26,542 --> 00:03:30,566
These wheels are brand new.
Triangle Board and Skate,
off Union Square.
46
00:03:31,947 --> 00:03:33,748
He brought in
his skates yesterday.
47
00:03:33,818 --> 00:03:35,690
He wanted more traction,
48
00:03:35,760 --> 00:03:37,922
so we swapped out
his wheels for 82A's.
49
00:03:37,992 --> 00:03:40,024
Okay, what did he
look like
when he came in?
50
00:03:40,164 --> 00:03:42,396
When he dropped off
his skates
or when he came back?
51
00:03:42,466 --> 00:03:43,797
We'll take both.
52
00:03:44,708 --> 00:03:47,971
The first time he was fine,
but he came back like
an hour later,
53
00:03:48,051 --> 00:03:50,843
and, man, he was
dragging ass.
54
00:03:50,923 --> 00:03:52,585
His girlfriend brought him
some cold packs.
55
00:03:52,655 --> 00:03:55,087
His girlfriend,
what did she look like?
56
00:03:55,157 --> 00:03:56,858
She's Asian.
She's hot.
57
00:03:57,629 --> 00:04:00,331
I don't know her name,
but she always wears
a Pixies t-shirt.
58
00:04:00,401 --> 00:04:01,873
So, you've
seen her before?
59
00:04:01,943 --> 00:04:04,104
A few times,
over on the Square,
60
00:04:04,175 --> 00:04:06,376
handing out comps for
the Grand Street Ballroom.
61
00:04:07,387 --> 00:04:09,409
He hit on me in
Union Square yesterday.
62
00:04:09,489 --> 00:04:11,891
We hung out a little,
but I'm not his girlfriend.
63
00:04:11,961 --> 00:04:13,012
He's not my type.
64
00:04:13,092 --> 00:04:16,425
Well, you liked him enough
to buy him cold packs
at the skate shop.
65
00:04:16,495 --> 00:04:18,867
Oh, that?
It was the least
I could do.
66
00:04:18,937 --> 00:04:21,169
He tripped over
one those metal things,
67
00:04:21,239 --> 00:04:23,301
you know, that they
put around the trees.
68
00:04:23,381 --> 00:04:24,742
No kidding?
69
00:04:24,812 --> 00:04:28,485
So he did all of this
falling over one of
those little metal things?
70
00:04:28,556 --> 00:04:30,747
Oh, God.
What's wrong with him?
71
00:04:31,058 --> 00:04:32,259
He's dead.
72
00:04:32,929 --> 00:04:34,991
Somebody beat the living
daylights out of him.
73
00:04:35,301 --> 00:04:36,993
Well, I don't know
anything about that.
74
00:04:37,073 --> 00:04:38,544
Look, I gotta go.
I'm gonna be
late for class.
75
00:04:38,604 --> 00:04:40,266
Whoa, whoa,
whoa, whoa.
76
00:04:40,346 --> 00:04:42,207
What did you take
my picture for?
77
00:04:42,277 --> 00:04:43,338
In case you lied
to us, Donna.
78
00:04:43,418 --> 00:04:45,981
We'll need it for
the wanted poster. Look.
79
00:04:46,051 --> 00:04:47,582
Pixies t-shirt and all.
80
00:04:48,523 --> 00:04:50,494
Wanted poster?
That's a new one.
81
00:04:50,564 --> 00:04:52,196
The girl checked out,
no beefs with the law.
82
00:04:52,296 --> 00:04:55,329
Lives in a dorm at NYU,
major in Victorian Literature.
83
00:04:55,409 --> 00:04:56,840
With a minor in lying.
84
00:04:56,910 --> 00:04:59,072
Find some hook
into that girl
and bring her back in.
85
00:04:59,782 --> 00:05:01,444
Sorting through your
photo collection?
86
00:05:01,514 --> 00:05:03,245
Yeah. No, this is
Todd Hauser's Blackberry.
87
00:05:03,315 --> 00:05:04,476
CCS broke the password.
88
00:05:04,556 --> 00:05:06,788
Check out
this e-mail blast
he got this morning.
89
00:05:06,858 --> 00:05:09,801
"It's on.
Union Square, 3:00 p.m."
90
00:05:09,861 --> 00:05:13,394
Union Square?
That's where Todd's
troubles started.
91
00:05:13,534 --> 00:05:17,498
Yeah. This message
was CC'd to
a couple dozen people.
92
00:05:17,578 --> 00:05:21,351
Yeah, including her.
"Surfer Rosa."
93
00:05:22,622 --> 00:05:24,854
Right there.
It's a Pixies album.
94
00:05:24,924 --> 00:05:27,396
Yeah, the girl was wearing
a Pixies t-shirt.
95
00:05:28,137 --> 00:05:31,730
Well, whatever's on
at 3:00 p.m.,
the girl's a part of it.
96
00:05:31,810 --> 00:05:34,432
You've got 20 minutes
to get to Union Square.
97
00:05:40,858 --> 00:05:42,049
Yeah, over here, man.
98
00:05:42,929 --> 00:05:44,791
Dude,
are you ready for this?
99
00:05:55,220 --> 00:05:57,052
Feels like something's
about to go down.
100
00:05:57,492 --> 00:05:58,473
Yeah.
101
00:06:00,895 --> 00:06:04,128
Yo! Here we go!
It's show time!
102
00:06:04,198 --> 00:06:07,601
All right.
Keep those punches down.
No shots to the face.
103
00:06:15,588 --> 00:06:17,319
A street fight
with a referee.
104
00:06:17,389 --> 00:06:19,421
Yeah. Maybe this is how
Todd got his ass kicked.
105
00:06:20,061 --> 00:06:21,593
Look at this over here, man.
106
00:06:23,434 --> 00:06:25,706
Come on.
Hit him harder.
107
00:06:26,307 --> 00:06:27,468
Hey, look.
It's our friend.
108
00:06:27,548 --> 00:06:28,739
I see.
109
00:06:32,652 --> 00:06:33,913
Come on, man,
above the waist.
110
00:06:33,983 --> 00:06:35,585
Nothing in the face.
That's what I told you!
111
00:06:36,295 --> 00:06:37,316
You all right?
112
00:06:37,396 --> 00:06:38,457
We got to stop this.
Yeah.
113
00:06:38,527 --> 00:06:40,329
You sure?
You sure? You sure?
114
00:06:40,869 --> 00:06:42,771
Hey, you going to
do your job?
115
00:06:42,841 --> 00:06:44,402
Oh, yeah. Sorry.
116
00:06:44,472 --> 00:06:46,744
All right.
Hook 'em both up.
117
00:06:46,814 --> 00:06:47,805
For what?
118
00:06:47,885 --> 00:06:48,976
Just do it.
119
00:06:49,046 --> 00:06:52,349
All right, all right.
Let's stop this.
120
00:06:52,659 --> 00:06:55,152
Hey, come on, man,
this ain't fair.
They both want to fight.
121
00:06:55,332 --> 00:06:57,394
You too, Don King.
Come on.
You're coming with us.
122
00:06:58,204 --> 00:07:01,537
Aren't you supposed
to be in class? Let's go.
Let's take a ride.
123
00:07:02,007 --> 00:07:06,381
We got rules.
No head or face shots,
nothing to the groin area.
124
00:07:06,581 --> 00:07:09,644
If you're some kind of pro
or you got training,
you've got to tell.
125
00:07:09,724 --> 00:07:10,815
What's in it for you?
126
00:07:10,895 --> 00:07:12,557
I give lessons
to some of
the younger dudes.
127
00:07:12,627 --> 00:07:15,029
And these lessons,
they don't come for free.
128
00:07:15,099 --> 00:07:17,731
You got a problem with
capitalism, move to Cuba.
129
00:07:17,801 --> 00:07:19,933
We got a problem
when somebody
gets beat to death.
130
00:07:21,875 --> 00:07:23,246
You recognize him?
131
00:07:25,848 --> 00:07:28,881
Yeah. Yeah, he was
out there on Tuesday.
132
00:07:29,721 --> 00:07:30,852
Got whopped big time.
133
00:07:31,263 --> 00:07:32,284
By who?
134
00:07:33,134 --> 00:07:34,465
Nobody gives their name.
135
00:07:35,266 --> 00:07:38,639
I didn't mean to lie.
I just didn't want
to get in trouble.
136
00:07:38,739 --> 00:07:40,140
Yeah. Well,
you are in trouble.
137
00:07:40,210 --> 00:07:42,152
So, why don't you
tell us what happened?
138
00:07:43,183 --> 00:07:45,675
You know, I think
she liked watching Todd
139
00:07:45,755 --> 00:07:46,986
get the life
beat out of him.
140
00:07:47,156 --> 00:07:48,217
No way, I didn't...
141
00:07:48,297 --> 00:07:50,529
And the guy
who killed him
is her boyfriend.
142
00:07:50,699 --> 00:07:52,391
That's insane.
No, no, I like
the sound of this.
143
00:07:52,571 --> 00:07:55,063
You liked watching
your man kill someone,
didn't you?
144
00:07:55,143 --> 00:07:58,706
In fact, you probably
set the whole thing up.
145
00:07:58,776 --> 00:08:00,678
Yeah, she probably
played Todd.
146
00:08:00,748 --> 00:08:01,779
Made him fight.
147
00:08:01,849 --> 00:08:05,752
Unless you want
a charge of conspiracy
to commit assault,
148
00:08:05,822 --> 00:08:08,194
you better help us
find this person.
149
00:08:12,568 --> 00:08:17,102
Okay. I think I saw him
in one of the videos.
150
00:08:19,184 --> 00:08:20,775
On the Internet.
151
00:08:25,900 --> 00:08:28,872
Hang on, this is a good one.
Watch what happens.
152
00:08:34,107 --> 00:08:36,138
Did you see that?
He puked!
153
00:08:36,919 --> 00:08:38,941
You should see about
getting some counseling.
154
00:08:40,422 --> 00:08:42,624
You see the guy
we're looking for?
155
00:08:42,724 --> 00:08:45,126
No, maybe
in the next one.
156
00:08:46,898 --> 00:08:49,070
Oh, wait,
that's him!
157
00:08:49,140 --> 00:08:50,130
Which one?
158
00:08:50,211 --> 00:08:52,733
Him, with the hard hat.
159
00:08:52,843 --> 00:08:54,784
Construction
workers on break.
160
00:08:54,855 --> 00:08:57,517
They can't be
more than a few
blocks from the Square.
161
00:08:57,787 --> 00:09:00,990
Whatever happened
to just watching
pretty ladies walk by?
162
00:09:04,303 --> 00:09:07,796
You're looking for Vince.
He's the guy working
that steel over there.
163
00:09:07,876 --> 00:09:09,237
Thanks.
164
00:09:14,251 --> 00:09:16,723
Hey, Vince?
Detective Lupo.
165
00:09:16,793 --> 00:09:18,255
This is Detective Bernard.
166
00:09:18,325 --> 00:09:19,456
We'd like to talk to you
for a second.
167
00:09:20,527 --> 00:09:21,728
What's up, fellas?
168
00:09:23,039 --> 00:09:24,330
You know him?
169
00:09:25,871 --> 00:09:28,033
Yeah, we mixed it up
at Union Square
a few days ago.
170
00:09:28,644 --> 00:09:30,675
Is that yuppie dip
trying to press
charges or something?
171
00:09:30,745 --> 00:09:33,117
No, you beat him
till his kidneys burst.
172
00:09:33,188 --> 00:09:34,849
Maybe you want
to pay a fine.
173
00:09:34,929 --> 00:09:36,360
Hey, he challenged me.
174
00:09:37,231 --> 00:09:38,662
Come on, this is bull
and you know it.
175
00:09:38,732 --> 00:09:40,534
Oh, yeah?
That's your opinion.
176
00:09:40,604 --> 00:09:42,295
Us, we're charging you
with murder.
177
00:09:42,375 --> 00:09:43,867
Murder? What? No way!
178
00:09:43,937 --> 00:09:45,138
We'll show you
the autopsy pictures.
179
00:09:45,208 --> 00:09:46,939
You can order a set
for your scrapbook.
180
00:09:47,009 --> 00:09:50,713
Ralph, Larry,
you see what's going on?
181
00:09:50,783 --> 00:09:52,484
They're arresting me
for fighting that guy.
182
00:09:53,055 --> 00:09:55,397
My buddies aren't
going to let this go.
183
00:09:55,467 --> 00:09:58,559
Lupo and Bernando,
remember those names, Ralph.
184
00:09:58,639 --> 00:10:00,501
Bernard.
Lupo and Bernard.
185
00:10:00,571 --> 00:10:02,042
Why's everybody
so hostile?
186
00:10:05,615 --> 00:10:09,178
You got the guy, right?
This guy, Vince Fonsella?
That's what we heard.
187
00:10:09,259 --> 00:10:10,249
You're charging him
with murder?
188
00:10:10,319 --> 00:10:12,191
Well, we're still
sorting that out.
189
00:10:12,792 --> 00:10:13,852
What's to sort out?
190
00:10:13,933 --> 00:10:16,865
Look, I'm sorry,
Mr. Hauser,
about your brother,
191
00:10:16,935 --> 00:10:20,238
but the fact of
the matter is that
he consented to the fight.
192
00:10:20,308 --> 00:10:21,939
He didn't consent
to be killed.
193
00:10:23,281 --> 00:10:25,272
Do you believe this!
They're blaming Todd.
194
00:10:25,352 --> 00:10:29,086
We heard this Vince guy,
he kept beating on Todd
even after Todd tapped out.
195
00:10:30,197 --> 00:10:31,318
Tapped out?
196
00:10:32,929 --> 00:10:35,301
Surrendered.
It's supposed
to end the fight.
197
00:10:37,102 --> 00:10:40,405
All right, Mr. Hauser,
you're not in your firehouse.
198
00:10:43,488 --> 00:10:44,919
Where did you hear
he tapped out?
199
00:10:45,259 --> 00:10:48,853
The Internet.
Somebody posted a comment
where they have fight videos.
200
00:10:49,193 --> 00:10:51,355
Well, we'll look into that.
201
00:10:51,435 --> 00:10:53,457
Yeah, yeah, that's great.
You do that.
202
00:10:56,309 --> 00:10:58,841
Well, if Todd tapped out,
he withdrew his consent.
203
00:10:58,911 --> 00:11:00,943
That ups the charge to
second degree assault,
maybe murder.
204
00:11:01,013 --> 00:11:03,115
Those law classes
are paying off.
205
00:11:03,185 --> 00:11:05,487
We still need a witness
to corroborate.
206
00:11:05,557 --> 00:11:08,530
Well, the comments
were posted
on the Internet anonymously.
207
00:11:08,600 --> 00:11:10,231
If you can subpoena
the ISP's.
208
00:11:10,301 --> 00:11:12,103
Sure, and maybe
I'll get them
three months from now,
209
00:11:12,173 --> 00:11:15,546
but I have to arraign
Vince Fonsella
within 24 hours.
210
00:11:15,616 --> 00:11:18,378
So, I need you guys
to dig up everything
you can by then.
211
00:11:18,548 --> 00:11:19,879
Anything we get,
you get.
212
00:11:19,949 --> 00:11:22,441
And next time,
before you arrest someone,
213
00:11:22,522 --> 00:11:24,583
try bringing the ball
forward a little more.
214
00:11:24,663 --> 00:11:26,395
I don't like
playing catch-up.
215
00:11:30,268 --> 00:11:32,330
"Docket number 08863.
216
00:11:32,410 --> 00:11:35,853
"People v. Vincent Fonsella,
Assault in the Third Degree
and Disorderly Conduct."
217
00:11:35,913 --> 00:11:37,715
Assault?
He killed my brother!
218
00:11:37,785 --> 00:11:39,416
Oh, come on, sit down!
219
00:11:39,526 --> 00:11:40,577
Quiet!
220
00:11:42,259 --> 00:11:43,349
Quiet!
221
00:11:45,531 --> 00:11:46,832
How do you plead
Mr. Fonsella?
222
00:11:46,903 --> 00:11:49,735
Not guilty.
The victim challenged
my client to a fight.
223
00:11:49,805 --> 00:11:51,707
This was mutual combat,
a sporting event.
224
00:11:51,777 --> 00:11:53,578
Your Honor,
the People request remand.
225
00:11:53,648 --> 00:11:55,280
For a misdemeanor
assault?
226
00:11:55,490 --> 00:11:58,082
Mr. Fonsella resides
with his wife and children.
227
00:11:58,162 --> 00:11:59,994
He's had the same job
for seven years.
228
00:12:00,194 --> 00:12:01,355
Pending witness
confirmation,
229
00:12:01,435 --> 00:12:02,696
we expect to indict
for murder.
230
00:12:02,766 --> 00:12:05,288
I don't see a murder charge
on the piece of paper
in front of me right now.
231
00:12:05,569 --> 00:12:08,601
Cross your T's
before you get here,
Ms. Rubirosa.
232
00:12:09,612 --> 00:12:12,044
The defendant is released
on his own recognizance.
233
00:12:14,586 --> 00:12:18,189
Hey, you can't let him go!
Hey, say something, lady!
Do your job!
234
00:12:19,130 --> 00:12:22,533
Get them all out of here!
Get them out!
235
00:12:26,807 --> 00:12:29,179
The big guy tackled Todd
to the ground.
236
00:12:29,449 --> 00:12:32,211
He was on top of him.
I couldn't see
what Todd was doing.
237
00:12:34,193 --> 00:12:36,055
I don't know
what you want from me.
238
00:12:36,195 --> 00:12:37,716
You want me to say
he tapped out?
239
00:12:37,796 --> 00:12:38,787
We want the truth.
240
00:12:38,867 --> 00:12:40,529
I am telling the truth!
241
00:12:44,172 --> 00:12:45,613
They were
blocking my view.
242
00:12:45,683 --> 00:12:48,415
And you, the fight junkie,
you didn't move
to get a better look?
243
00:12:51,428 --> 00:12:55,522
All right, put her in holding
while I talk to the D.A.
About obstruction.
244
00:12:55,602 --> 00:12:58,534
No, no, please.
Just let me think.
245
00:13:01,847 --> 00:13:05,340
So, you were standing
behind Vince's buddies.
246
00:13:05,680 --> 00:13:06,841
Maybe they said something.
247
00:13:07,152 --> 00:13:09,213
Well, they didn't say anything
about Todd tapping out.
248
00:13:09,293 --> 00:13:14,128
One of them just said
that he pulled
a Roberto-something.
249
00:13:14,628 --> 00:13:16,159
A Roberto Duran?
Yeah.
250
00:13:16,239 --> 00:13:18,701
He said Todd
pulled a Roberto Duran.
251
00:13:18,812 --> 00:13:21,404
"No mรกs, no mรกs."
He gave up.
252
00:13:22,114 --> 00:13:24,446
Sounds like somebody
saw him tap out.
253
00:13:25,157 --> 00:13:26,418
Who said this about Todd?
254
00:13:27,789 --> 00:13:29,731
An Italian guy,
long hair.
255
00:13:31,162 --> 00:13:32,894
I never said nothing
about Roberto Duran.
256
00:13:32,964 --> 00:13:35,836
Hey, you know what?
You already got Vince,
so why are you harassing us?
257
00:13:36,076 --> 00:13:39,099
Because the guy
Vince killed was trying
to tap out of the fight.
258
00:13:39,179 --> 00:13:40,580
And you all saw it.
259
00:13:42,622 --> 00:13:45,715
Come on, guys,
whatever happened to,
260
00:13:45,795 --> 00:13:47,386
you know,
playing by the rules?
261
00:13:47,456 --> 00:13:49,488
Hey, nobody
saw a tap-out.
262
00:13:49,568 --> 00:13:50,899
Whoa!
263
00:13:56,774 --> 00:13:59,507
All right,
construction site's
a dangerous place.
264
00:13:59,587 --> 00:14:01,378
You and your girlfriend
might want to take off.
265
00:14:05,091 --> 00:14:06,793
I got nothing to say.
266
00:14:06,863 --> 00:14:08,795
Do unto others.
267
00:14:09,835 --> 00:14:12,738
You wind up dead,
you'd want someone
to speak out, right?
268
00:14:12,808 --> 00:14:14,740
I ain't no martyr.
I got a family.
269
00:14:14,810 --> 00:14:16,511
Vince's cousin owns
this outfit.
270
00:14:16,581 --> 00:14:18,143
I snitch,
I won't be working.
271
00:14:18,213 --> 00:14:19,814
Then don't snitch, then.
272
00:14:19,884 --> 00:14:22,827
Just let us know if
we're on the right track
with this tap-out.
273
00:14:26,830 --> 00:14:28,702
Vince saw the tap-out.
274
00:14:28,772 --> 00:14:30,573
He said he just
wanted to get in
a few last shots
275
00:14:30,643 --> 00:14:31,874
before the ref
stopped the fight.
276
00:14:32,075 --> 00:14:34,236
Wait, wait, but the ref
didn't stop the fight?
277
00:14:34,316 --> 00:14:36,308
He was busy rapping
to some girls.
278
00:14:36,388 --> 00:14:38,290
Vince just kept wailing
on that guy.
279
00:14:39,661 --> 00:14:41,683
Put me in court,
I'll deny it.
280
00:14:44,665 --> 00:14:46,157
I assume this
meeting means that
281
00:14:46,237 --> 00:14:47,568
you've come
begging for a deal.
282
00:14:47,708 --> 00:14:48,999
We don't
need to beg.
283
00:14:49,079 --> 00:14:51,201
A witness says
Todd Hauser tapped out.
284
00:14:51,882 --> 00:14:54,444
I know 20 guys
who say he didn't.
285
00:14:54,584 --> 00:14:58,047
Our witness also said
you saw the tap-out
but continued the assault.
286
00:14:58,397 --> 00:15:00,389
We're offering your
client Man One.
287
00:15:00,459 --> 00:15:01,900
Not a chance.
288
00:15:01,970 --> 00:15:05,133
This was a consensual
competition
between two amateurs.
289
00:15:06,004 --> 00:15:08,536
On the other hand,
Mr. Gates,
I'm a professional,
290
00:15:08,616 --> 00:15:12,920
and if you insist
on going to trial,
I'll ask for 20 years.
291
00:15:18,094 --> 00:15:19,796
Criminally negligent homicide.
292
00:15:23,769 --> 00:15:28,373
My father used to talk about
the bare-knuckle street fights
during the Depression.
293
00:15:28,453 --> 00:15:32,186
But they were fighting
for money to feed
their families.
294
00:15:32,256 --> 00:15:34,248
These guys, they're
feeding their egos.
295
00:15:34,728 --> 00:15:37,601
With police officers
cheering them on
from the sidelines.
296
00:15:37,661 --> 00:15:40,794
Command's excuse
is that because
the fights are consensual,
297
00:15:40,874 --> 00:15:43,396
all they can do is
issue tickets for
disorderly conduct.
298
00:15:43,676 --> 00:15:47,139
If the police won't
shut this down, we will.
We need to make an example.
299
00:15:47,219 --> 00:15:50,812
Except the victim
in this case did challenge
the defendant to a fight.
300
00:15:50,892 --> 00:15:53,194
But then he threw in
the towel. Isn't that
what your witness said?
301
00:15:53,264 --> 00:15:56,667
We used the witness
to leverage the plea,
but he won't testify.
302
00:15:56,797 --> 00:16:01,471
Anyway, between
the spectators and the girl
who egged on Todd Hauser,
303
00:16:01,542 --> 00:16:03,673
there's enough
blame here to go around.
304
00:16:03,743 --> 00:16:05,685
That's a fine,
mealy-mouthed sentiment.
305
00:16:06,486 --> 00:16:10,319
If negligent homicide
is the best
you can do, take it.
306
00:16:10,459 --> 00:16:13,021
But make sure
Mr. Fonsella does jail time.
307
00:16:14,232 --> 00:16:15,864
Bernard, check this out.
308
00:16:18,106 --> 00:16:20,708
Fonsella's high school
yearbook.
309
00:16:23,480 --> 00:16:25,973
Vincent Fonsella was
in the Golden Gloves
boxing club
310
00:16:26,053 --> 00:16:27,184
at his high school.
311
00:16:27,254 --> 00:16:28,745
Undefeated,
his senior year.
312
00:16:28,825 --> 00:16:31,127
Something Fonsella
forgot to tell Hauser.
313
00:16:31,197 --> 00:16:32,628
Deal is, if you're
a trained fighter,
314
00:16:32,698 --> 00:16:34,069
you're supposed to tell
the other guy.
315
00:16:34,140 --> 00:16:36,071
How the hell
did you miss this?
316
00:16:36,171 --> 00:16:38,203
I thought you'd be happy
we found it.
317
00:16:38,273 --> 00:16:41,276
We gave Fonsella a plea
on the assumption
he was untrained.
318
00:16:41,346 --> 00:16:44,288
This makes him liable
for second-degree murder
319
00:16:44,358 --> 00:16:47,161
instead of the
slap-on-the-wrist
we agreed to.
320
00:16:52,736 --> 00:16:54,637
This plea was
predicated on the belief
321
00:16:54,707 --> 00:16:56,579
that the fight
was consensual.
322
00:16:56,779 --> 00:16:59,651
Since the defendant
misrepresented
his skill level,
323
00:16:59,752 --> 00:17:02,554
the victim's consent
was fraudulently obtained.
324
00:17:02,794 --> 00:17:04,786
We're moving to void
the plea agreement.
325
00:17:04,856 --> 00:17:08,529
Todd Hauser played
college hockey.
He wasn't a pushover.
326
00:17:09,100 --> 00:17:10,361
I agree.
327
00:17:10,441 --> 00:17:12,432
In the street,
you take your opponent
as you find him.
328
00:17:12,913 --> 00:17:15,775
Since the defendant knew
that he'd do harm
to Mr. Hauser,
329
00:17:15,845 --> 00:17:17,147
he can't plead
to negligence.
330
00:17:17,217 --> 00:17:20,379
I'm not clogging my calendar
because the D.A.'s office
didn't do its homework.
331
00:17:20,920 --> 00:17:23,862
The court accepts
the defendant's plea
to Negligent Homicide.
332
00:17:23,932 --> 00:17:25,834
Over our objection.
333
00:17:25,964 --> 00:17:27,095
So noted.
334
00:17:27,165 --> 00:17:29,867
The People will be
requesting
the maximum, four years.
335
00:17:29,938 --> 00:17:31,709
Don't get your hopes up,
Mr. Cutter.
336
00:17:31,779 --> 00:17:33,541
I'm leaning against
giving jail time.
337
00:17:36,183 --> 00:17:39,386
Negligent Homicide?
What the hell is that?
338
00:17:39,526 --> 00:17:40,857
Todd Hauser's brother.
339
00:17:41,097 --> 00:17:43,589
Mr. Hauser,
the case isn't over yet.
340
00:17:43,669 --> 00:17:45,221
That's not what
the judge said.
341
00:17:45,301 --> 00:17:46,432
You guys screwed up.
342
00:17:47,543 --> 00:17:48,944
I understand how you feel.
343
00:17:49,014 --> 00:17:55,319
Understand?
My kid brother was lying
with his face on the pavement,
344
00:17:55,389 --> 00:17:56,691
his guts filling up
with blood,
345
00:17:56,761 --> 00:17:59,283
getting beat to death
while people cheered.
346
00:18:00,164 --> 00:18:01,254
And the animal
that did it to him
347
00:18:01,335 --> 00:18:02,826
is gonna walk
because of you.
348
00:18:15,156 --> 00:18:17,689
Probation for a murder.
349
00:18:18,129 --> 00:18:20,401
Well, we all came up
short on this one.
350
00:18:21,132 --> 00:18:25,265
We? I don't see your boss
sitting here eating crow
with the rest of us.
351
00:18:25,746 --> 00:18:27,977
He knew it was
a dicey case to begin with.
352
00:18:32,962 --> 00:18:34,053
Looks like it still is.
353
00:18:34,163 --> 00:18:35,154
Yeah.
354
00:18:36,094 --> 00:18:37,085
Let's go.
355
00:18:39,037 --> 00:18:42,010
Witnesses said they were
20 or 25 combatants.
356
00:18:42,080 --> 00:18:43,771
They were still fighting
when we got here.
357
00:18:43,841 --> 00:18:44,872
We got two dead,
358
00:18:44,942 --> 00:18:47,644
a third may not make it,
12 injured.
359
00:18:47,714 --> 00:18:48,945
They weren't
messing around.
360
00:18:49,756 --> 00:18:51,277
It's okay, we're right here,
Reggie. We're right here.
361
00:18:51,358 --> 00:18:55,461
Okay, come on.
We'll follow Daddy.
Let's go. Come on. Up.
362
00:19:03,678 --> 00:19:06,551
Todd Hauser's buddies
mixed it up
with Fonsella's crew.
363
00:19:06,621 --> 00:19:08,712
Fonsella is
one of the dead.
364
00:19:08,793 --> 00:19:10,954
We have six
in custody so far.
365
00:19:11,024 --> 00:19:15,468
The injured are at the E.R.
We're headed over there
now to make arrests.
366
00:19:29,200 --> 00:19:32,163
Justice by other means.
367
00:19:42,421 --> 00:19:43,823
I got nothing
to say about it.
368
00:19:43,893 --> 00:19:45,955
We're hearing
Fonsella's guys
started this.
369
00:19:46,025 --> 00:19:47,426
Is this true?
370
00:19:47,766 --> 00:19:50,528
I told you.
Nothing to say.
371
00:19:50,639 --> 00:19:55,042
Put him under arrest.
As soon as he's patched up,
take him down to the station.
372
00:19:55,112 --> 00:19:56,103
There you go.
373
00:19:56,183 --> 00:19:58,085
They started dissin' Vince
when we left court.
374
00:19:58,145 --> 00:19:59,876
I thought we were going to
throw it down right there,
375
00:19:59,957 --> 00:20:01,688
but the cops
were all around.
376
00:20:01,758 --> 00:20:03,089
Then one of
the gel heads says,
377
00:20:03,159 --> 00:20:05,792
"We settle this,
6:00 p.m.,
East River Field."
378
00:20:06,002 --> 00:20:07,093
Yeah, and that's
where you went.
379
00:20:07,163 --> 00:20:08,224
Hell, yeah.
380
00:20:09,335 --> 00:20:10,396
And you brought weapons?
381
00:20:10,476 --> 00:20:11,637
No comment.
382
00:20:12,177 --> 00:20:13,168
They did, too.
383
00:20:13,248 --> 00:20:16,741
No one leaves here
without giving a
statement to a detective.
384
00:20:16,821 --> 00:20:20,654
Yes, I'm still holding
for the Chief of Detectives.
385
00:20:23,197 --> 00:20:26,129
Hey! You can't hook
them up together.
386
00:20:26,469 --> 00:20:27,961
All right. Come on!
387
00:20:32,214 --> 00:20:33,275
Can I help you?
388
00:20:34,316 --> 00:20:36,218
They told me
to give a statement.
389
00:20:36,788 --> 00:20:38,189
Were you a witness?
390
00:20:39,591 --> 00:20:43,084
My husband.
My husband...
391
00:20:43,164 --> 00:20:45,396
Yes, I'm still here.
392
00:20:49,879 --> 00:20:50,870
Um...
393
00:20:51,451 --> 00:20:54,784
Tell the Chief
I'll call him back. Yes.
394
00:20:56,525 --> 00:20:58,717
What happened
to your husband?
395
00:20:58,797 --> 00:21:01,790
We were in the park
with our son.
396
00:21:02,130 --> 00:21:04,102
And all these men
showed up.
397
00:21:05,643 --> 00:21:07,615
It all happened so fast.
398
00:21:09,286 --> 00:21:13,650
My Reggie got hurt.
They just told me he was...
399
00:21:15,121 --> 00:21:18,654
He was...
He was...
400
00:21:19,565 --> 00:21:20,866
I'm so sorry.
401
00:21:22,638 --> 00:21:26,441
Why were they fighting?
Can you tell me?
402
00:21:27,152 --> 00:21:28,673
Why did they fight?
403
00:21:35,158 --> 00:21:37,290
"Case 363421.
404
00:21:37,370 --> 00:21:41,234
"People v. Jason Kimmel,Ralph Ricci et al.
Riot in the First Degree."
405
00:21:41,304 --> 00:21:43,335
Quiet!
Quiet!
406
00:21:45,217 --> 00:21:47,709
These are the
East River brawl all-stars?
407
00:21:47,789 --> 00:21:51,222
Uh, Your Honor,
I object to your
characterization.
408
00:21:51,292 --> 00:21:53,955
Mr. Reardon,
since you're the best
dressed lawyer here today,
409
00:21:54,035 --> 00:21:56,096
I'm appointing you
spokesman
for this motley crew.
410
00:21:56,166 --> 00:21:57,798
They're all pleading
not guilty, I assume.
411
00:22:00,480 --> 00:22:01,501
Absolutely, Your Honor.
412
00:22:01,581 --> 00:22:04,143
Your Honor,
we're requesting
remand across the board.
413
00:22:04,253 --> 00:22:06,185
These defendants
engaged in a brawl
414
00:22:06,255 --> 00:22:08,487
that left three dead
and 12 injured.
415
00:22:08,557 --> 00:22:10,219
There are different
levels of culpability here.
416
00:22:10,359 --> 00:22:11,800
We're still sorting
that out, Judge.
417
00:22:11,860 --> 00:22:14,422
When you're able to identify
who did what, we'll talk.
418
00:22:14,632 --> 00:22:17,695
Bail is set at $10,000
per defendant.
419
00:22:18,446 --> 00:22:21,749
A mallet, a crowbar,
a hatchet,
it's the gangs of New York.
420
00:22:21,819 --> 00:22:25,312
Open warfare
because we put a thug
back on the street.
421
00:22:25,392 --> 00:22:27,624
We did the best
we could with what we had.
422
00:22:27,694 --> 00:22:29,595
We let this case
get away from us.
423
00:22:29,665 --> 00:22:31,687
Charge every last
one of them with murder.
424
00:22:31,767 --> 00:22:33,429
It was
a free-for-all.
425
00:22:33,509 --> 00:22:36,371
We can't prove
which defendant
attacked which victim.
426
00:22:36,441 --> 00:22:38,473
It's too early
to tap out, Mike.
427
00:22:40,815 --> 00:22:44,258
Hey, Lupo found
a video of the brawl
on the Internet.
428
00:22:44,928 --> 00:22:48,331
Yeah.
That's... Right there,
that's Jason Kimmel,
429
00:22:48,401 --> 00:22:50,763
and that's Neil Whitman
from Todd Hauser's work.
430
00:22:50,834 --> 00:22:52,865
And that is Adam Neville,
from Todd's hockey team.
431
00:22:52,945 --> 00:22:55,778
And now,
we have them on video
killing Fonsella.
432
00:22:55,848 --> 00:22:57,679
Let's get them
remanded immediately.
433
00:22:57,749 --> 00:23:00,622
Unless we know who shot that,
we're gonna have a problem
getting it into evidence.
434
00:23:00,692 --> 00:23:02,283
Well, who posted it
on the Internet?
435
00:23:02,353 --> 00:23:04,525
He calls himself
"I Was There."
436
00:23:04,595 --> 00:23:05,967
I don't think
he's in the phonebook.
437
00:23:06,037 --> 00:23:07,698
Yeah. According to our
computer guys,
438
00:23:07,768 --> 00:23:09,830
"I Was There" set up
a phony account,
439
00:23:09,910 --> 00:23:12,272
and uploaded the video
at an Internet cafe,
440
00:23:12,342 --> 00:23:13,503
so there's no way
to track it.
441
00:23:13,643 --> 00:23:17,677
Did you show me this video
just to annoy me?
This is our best evidence.
442
00:23:17,887 --> 00:23:20,949
No judge is going to allow
something we just found
on the Internet.
443
00:23:21,130 --> 00:23:25,123
Plus, we don't have
the original and we can't
demonstrate who made it.
444
00:23:26,134 --> 00:23:29,197
Except, the defense
doesn't know that.
445
00:23:31,709 --> 00:23:33,270
No doubt
that's your client.
446
00:23:33,350 --> 00:23:36,253
No doubt he's helping
his friends commit murder.
447
00:23:36,823 --> 00:23:38,154
What's your offer?
448
00:23:38,224 --> 00:23:40,256
He pleads to Man One.
Ten years.
449
00:23:40,496 --> 00:23:42,258
I didn't know Jason was
going to go off like that.
450
00:23:42,328 --> 00:23:45,741
But once he did go off,
I didn't see you lift
a finger to stop him.
451
00:23:46,211 --> 00:23:50,145
That guy killed our friend.
We were upset.
452
00:23:50,645 --> 00:23:54,088
Upset? You win the prize
for understatement,
Mr. Whitman.
453
00:23:54,618 --> 00:23:57,851
Ten years and he testifies
against his accomplices.
454
00:23:59,963 --> 00:24:03,406
Look, I'll testify.
But please...
455
00:24:04,907 --> 00:24:06,779
I don't belong in prison.
456
00:24:06,849 --> 00:24:09,141
You've got this
damning piece of video,
457
00:24:09,211 --> 00:24:11,113
yet you're
offering us Man One.
458
00:24:11,723 --> 00:24:13,014
Why is that?
459
00:24:13,094 --> 00:24:15,056
Well, we're not looking
for blood.
460
00:24:15,196 --> 00:24:17,688
We understand
this crime was
driven by emotion.
461
00:24:18,029 --> 00:24:21,231
But ten years?
McCoy's practically
giving away the store,
462
00:24:21,301 --> 00:24:22,703
and an election year
to boot.
463
00:24:22,773 --> 00:24:24,744
Yes or no,
Mr. Reardon?
464
00:24:26,746 --> 00:24:29,278
This video,
you've got a problem
with it, don't you?
465
00:24:29,819 --> 00:24:31,450
You don't know
who shot it.
466
00:24:31,590 --> 00:24:32,891
It's not
the only evidence.
467
00:24:32,961 --> 00:24:36,494
Your client's accomplices
have agreed
to testify against him.
468
00:24:37,435 --> 00:24:41,098
Maybe you can scare them
with this video.
I'm moving to exclude it.
469
00:24:42,640 --> 00:24:46,643
Since the People cannot
authenticate this video
or even tell us who made it,
470
00:24:46,723 --> 00:24:47,944
I'm excluding it.
471
00:24:48,024 --> 00:24:50,186
In that case,
we move to dismiss
the murder charges
472
00:24:50,256 --> 00:24:52,028
against
all three defendants.
473
00:24:52,098 --> 00:24:55,661
Last chance, Mr. Cutter.
Do the People have any
admissible evidence
474
00:24:55,731 --> 00:24:57,332
tying the defendants
to this murder?
475
00:24:58,373 --> 00:25:01,106
At this point, no.
476
00:25:03,187 --> 00:25:05,549
The murder charges
are dismissed
without prejudice.
477
00:25:05,619 --> 00:25:07,751
I will be happy
to reinstate the indictment
478
00:25:07,821 --> 00:25:10,193
when the District Attorney
gets his act together.
479
00:25:13,006 --> 00:25:16,068
This brazen violence
has truly shocked our city.
480
00:25:16,509 --> 00:25:18,571
We're appealing
to the public
for any information
481
00:25:18,641 --> 00:25:22,014
that will lead
to the conviction
of those responsible.
482
00:25:22,084 --> 00:25:23,515
In particular,
483
00:25:23,585 --> 00:25:27,758
we ask the person
who made the video
of Vincent Fonsella's murder
484
00:25:27,829 --> 00:25:29,730
to step forward
and identify himself.
485
00:25:31,071 --> 00:25:34,704
Mr. McCoy,
the video clearly identifies
Mr. Fonsella's assailants
486
00:25:34,775 --> 00:25:38,077
and yet your office
hasn't managed to indict
anyone for murder.
487
00:25:38,177 --> 00:25:39,549
That's why
we're out here today.
488
00:25:39,619 --> 00:25:41,480
Mr. McCoy, wasn't
your office negligent
489
00:25:41,550 --> 00:25:43,152
when it allowed Fonsella
to remain free?
490
00:25:43,322 --> 00:25:45,624
That was a judge's
decision, not ours.
491
00:25:45,694 --> 00:25:47,826
But didn't you
allow him to plead
to a reduced charge?
492
00:25:47,896 --> 00:25:49,998
He pled guilty
to a felony homicide.
493
00:25:50,068 --> 00:25:52,169
He got no favors.
I think we're done here.
494
00:25:52,240 --> 00:25:54,041
Mr. McCoy,
should you decide to run,
495
00:25:54,111 --> 00:25:55,703
why should New Yorkers
support your bid
496
00:25:55,783 --> 00:25:57,274
for another term
as their D. A?
497
00:25:57,354 --> 00:25:59,446
Watch what I do.
That's your answer.
498
00:26:00,957 --> 00:26:02,859
I am not doing that again.
499
00:26:02,929 --> 00:26:05,861
This office begging
for help, looking weak
and ineffectual.
500
00:26:05,931 --> 00:26:08,373
Well, we won't look
so weak once we get
our convictions.
501
00:26:08,433 --> 00:26:09,534
If we get them.
502
00:26:09,604 --> 00:26:12,167
Right now,
that depends on some
amateur cameraman
503
00:26:12,247 --> 00:26:14,339
growing a spine
and stepping forward.
504
00:26:14,919 --> 00:26:18,222
Failing that, we'd better
figure out a way
to prosecute these hooligans
505
00:26:18,292 --> 00:26:20,053
before other gangs
get the idea that
506
00:26:20,124 --> 00:26:22,255
they can have a bloodbath
and get away with it.
507
00:26:22,666 --> 00:26:24,968
I did some research,
and under Article 490,
508
00:26:25,038 --> 00:26:26,559
we can charge them
with terrorism.
509
00:26:26,639 --> 00:26:31,844
That statute was written
six days after 9/11
to prosecute acts of war.
510
00:26:31,944 --> 00:26:33,345
Nice try, Connie.
511
00:26:33,415 --> 00:26:35,947
As I recall,
it was worded
pretty broadly.
512
00:26:36,017 --> 00:26:37,218
How would you
apply it here?
513
00:26:37,829 --> 00:26:39,560
It applies if
an individual's intent
514
00:26:39,630 --> 00:26:41,432
is to disrupt
government institutions
515
00:26:41,502 --> 00:26:43,994
or to intimidate
the public through
acts of violence.
516
00:26:44,575 --> 00:26:46,907
And these people
rioted because
they didn't like the way
517
00:26:47,007 --> 00:26:49,068
the criminal justice system
did its business.
518
00:26:49,148 --> 00:26:51,711
It was a rumble, Jack.
A grudge match.
519
00:26:51,781 --> 00:26:55,154
In a public park,
with hatchets
and lead pipes.
520
00:26:56,725 --> 00:26:58,927
They terrorized
and killed innocent people.
521
00:26:58,997 --> 00:27:02,370
Charging three brawlers
with terrorism isn't justice.
522
00:27:02,440 --> 00:27:04,001
I'm not charging
just these three.
523
00:27:04,972 --> 00:27:10,217
I'm charging them all.
We created this problem.
We're going to fix it.
524
00:27:10,357 --> 00:27:13,549
Jack, the terrorism
statute carries
an automatic life sentence.
525
00:27:13,630 --> 00:27:15,891
You think
every one of those
people deserve that?
526
00:27:15,962 --> 00:27:18,123
A jury will decide
who deserves what.
527
00:27:18,203 --> 00:27:19,695
You just get me
the indictments.
528
00:27:26,821 --> 00:27:29,013
Unhappy with how
a case was prosecuted,
529
00:27:29,083 --> 00:27:31,815
they engaged
in mass vigilantism.
530
00:27:31,925 --> 00:27:35,458
With the intent to
subvert the authority
of the District Attorney,
531
00:27:35,528 --> 00:27:38,901
they organized a riot
in a public park.
532
00:27:38,971 --> 00:27:40,343
So prosecute them
for rioting.
533
00:27:40,413 --> 00:27:41,744
This indictment
is an insult
534
00:27:41,814 --> 00:27:44,006
to the real victims
of real terrorist attacks.
535
00:27:44,086 --> 00:27:46,848
There were
real victims here,
536
00:27:46,918 --> 00:27:49,791
innocent bystanders
killed and injured.
537
00:27:49,861 --> 00:27:51,692
You're on the razor's
edge, Mr. Cutter,
538
00:27:51,762 --> 00:27:53,063
but if you can
sell it to a jury...
539
00:27:53,134 --> 00:27:54,655
Of course, he'll sell it.
540
00:27:54,735 --> 00:27:56,797
Judge, he'll scare
the pants off the jurors,
541
00:27:56,877 --> 00:27:58,598
simply by uttering
the word "terrorism."
542
00:27:59,379 --> 00:28:03,212
The acts these defendants
are accused of are
what will frighten the jury.
543
00:28:03,322 --> 00:28:07,276
The District Attorney
is putting forth
an intriguing theory.
544
00:28:07,526 --> 00:28:09,588
See if you all can agree
on a trial date.
545
00:28:11,800 --> 00:28:14,632
We survived a motion
to dismiss,
that's half the game.
546
00:28:14,702 --> 00:28:16,864
Just because
I can parrot
the party line,
547
00:28:16,944 --> 00:28:18,435
doesn't mean
I buy into it.
548
00:28:18,816 --> 00:28:21,678
All of the weapons
had multiple sets of
fingerprints on them.
549
00:28:21,748 --> 00:28:24,621
There was no way to tell
who was holding what, when.
550
00:28:24,691 --> 00:28:27,523
All we have to go on
is the video, which
we can't use, right?
551
00:28:27,593 --> 00:28:30,396
It doesn't matter.
The good thing about
the terrorism statute
552
00:28:30,466 --> 00:28:33,458
is that we don't have to
connect an individual
to a specific weapon.
553
00:28:33,538 --> 00:28:35,200
So, the defendant
who yelled insults
554
00:28:35,280 --> 00:28:37,682
pays the same price
as the one who used this.
555
00:28:38,483 --> 00:28:39,814
We're calling that
a good thing.
556
00:28:40,384 --> 00:28:42,856
You throw in with a gang,
you own what they do.
557
00:28:43,757 --> 00:28:46,319
I grew up in Compton.
We could've used
a law like this.
558
00:28:46,399 --> 00:28:48,531
The Bloods
and the Crips
are not terrorists.
559
00:28:48,631 --> 00:28:51,974
And neither are a bunch of
hardhats and day traders
with anger issues.
560
00:28:52,304 --> 00:28:53,646
But it sure makes
a hell of a sound bite
561
00:28:53,716 --> 00:28:55,047
when you're running
for election.
562
00:28:55,117 --> 00:28:56,108
I see.
563
00:28:58,950 --> 00:29:00,982
A few law school
classes, Detective,
564
00:29:01,062 --> 00:29:03,854
and all of sudden,
you're an expert
on jurisprudence?
565
00:29:04,034 --> 00:29:06,767
Maybe not, but I do have
one credential you don't.
566
00:29:06,907 --> 00:29:10,770
I spent four years
chasing actual terrorists.
567
00:29:10,840 --> 00:29:13,783
All the more reason
I need you to testify.
568
00:29:13,853 --> 00:29:17,256
At the end of the day,
we all want the same thing
for the city.
569
00:29:17,386 --> 00:29:19,878
Safe streets,
freedom from fear.
570
00:29:19,958 --> 00:29:21,049
That's funny.
571
00:29:21,129 --> 00:29:24,192
When a cop
stretches the rules,
we get slammed.
572
00:29:24,272 --> 00:29:26,534
When you do it,
we're supposed to
hear the angels sing.
573
00:29:26,604 --> 00:29:30,007
I'll testify in your
terrorism trial about
what I saw and what I heard.
574
00:29:30,077 --> 00:29:33,380
But if you try to use
my resume to sell your case,
575
00:29:34,651 --> 00:29:36,212
you won't like what you hear.
576
00:29:42,367 --> 00:29:44,359
Look, I'll talk to him.
577
00:29:51,315 --> 00:29:54,318
Take Detective Lupo off
the witness list.
578
00:29:54,788 --> 00:29:57,350
I guess that's easier
than deciding
if he has a point.
579
00:30:04,076 --> 00:30:07,779
It was a nice evening,
so we took our son,
Willie, to the park.
580
00:30:09,150 --> 00:30:11,242
Reggie was going to
throw a football with him.
581
00:30:12,253 --> 00:30:13,284
When we got to the park,
582
00:30:13,364 --> 00:30:16,727
we saw some men
coming towards us
from Houston Street.
583
00:30:17,137 --> 00:30:19,730
And what happened next,
Mrs. Hodges?
584
00:30:20,610 --> 00:30:24,304
Another group of men
came from the other side.
585
00:30:24,544 --> 00:30:28,007
They were carrying
bats and pipes.
586
00:30:29,458 --> 00:30:32,551
Before we knew it,
they started to fight.
587
00:30:33,091 --> 00:30:35,323
Reggie pushed
Willie and me away.
588
00:30:36,904 --> 00:30:40,608
And then one of them
started hitting him
589
00:30:40,678 --> 00:30:44,081
with a tire iron
for no reason.
590
00:30:46,453 --> 00:30:49,355
Another one
started punching him.
591
00:30:51,297 --> 00:30:55,741
Reggie went down,
there was blood
all over him.
592
00:30:58,243 --> 00:31:02,206
Willie saw his father
beaten to death by this...
593
00:31:03,757 --> 00:31:04,918
This mob.
594
00:31:07,391 --> 00:31:08,882
No more questions.
595
00:31:14,807 --> 00:31:16,468
I'm very sorry
for your loss.
596
00:31:17,780 --> 00:31:19,711
Now, you testified
597
00:31:19,781 --> 00:31:25,486
that you wait tables
at a restaurant
on Vesey Street, downtown.
598
00:31:26,967 --> 00:31:29,800
Were you working there
on 9/11?
599
00:31:30,200 --> 00:31:31,361
Yes, I was.
600
00:31:32,002 --> 00:31:33,943
So you must remember
what it was like that day.
601
00:31:34,944 --> 00:31:36,075
I'll never forget it.
602
00:31:36,776 --> 00:31:39,048
I saw people jumping
from the towers.
603
00:31:40,019 --> 00:31:41,420
Do you remember how you felt?
604
00:31:42,761 --> 00:31:44,452
Like we were in a war,
but...
605
00:31:44,533 --> 00:31:46,895
"Like we were
in a war."
606
00:31:50,237 --> 00:31:52,710
Thank you.
No further questions.
607
00:31:57,153 --> 00:32:00,246
We recovered
three baseball bats,
two metal pipes,
608
00:32:00,326 --> 00:32:04,320
a bike chain,
two tire irons,
a piece of rebar,
609
00:32:04,400 --> 00:32:08,933
a mallet, a hatchet,
three pocket knives, a wrench.
610
00:32:09,004 --> 00:32:10,605
What else did you observe?
611
00:32:10,875 --> 00:32:13,407
A lot of
terrified people were
trapped in that park
612
00:32:13,477 --> 00:32:14,708
once the fight
broke out,
613
00:32:14,789 --> 00:32:17,551
people in the neighborhood
who had seen the violence.
614
00:32:18,161 --> 00:32:19,423
Nothing further.
615
00:32:24,637 --> 00:32:27,770
Detective, when you
interviewed the defendants,
616
00:32:27,840 --> 00:32:30,072
did they express
any political views
617
00:32:30,142 --> 00:32:33,645
or any desire to disrupt
any government institutions?
618
00:32:33,725 --> 00:32:35,316
Some of them said
they weren't happy
619
00:32:35,386 --> 00:32:37,728
about the way
the justice system worked.
620
00:32:38,199 --> 00:32:40,220
So they made
no political statement.
621
00:32:40,471 --> 00:32:42,963
Public violence is
a political statement.
622
00:32:43,033 --> 00:32:44,064
Move to strike.
623
00:32:44,204 --> 00:32:45,905
I grew up running to school
through the alleys,
624
00:32:45,975 --> 00:32:47,206
so gang-bangers
wouldn't jump me.
625
00:32:47,276 --> 00:32:48,768
The answer is stricken.
My whole
neighborhood
626
00:32:48,848 --> 00:32:50,509
was paralyzed in fear.
Detective!
627
00:32:52,821 --> 00:32:55,153
The jury will disregard
the witness's answer.
628
00:32:55,924 --> 00:32:57,025
No more questions,
Your Honor.
629
00:32:57,095 --> 00:32:58,496
Redirect, Your Honor.
630
00:32:58,666 --> 00:33:00,828
Detective,
you claim that
the neighborhood
631
00:33:00,908 --> 00:33:03,641
where you grew up
was the target
of terrorists.
632
00:33:03,711 --> 00:33:05,182
Why would you say that?
633
00:33:05,282 --> 00:33:08,275
Gangs had set up a nation
within a nation.
634
00:33:08,755 --> 00:33:12,658
A violent criminal nation
with no regard for our laws.
635
00:33:13,959 --> 00:33:17,733
When you have little kids
too scared to go to sleep,
636
00:33:17,803 --> 00:33:19,864
and widowed young mothers
637
00:33:19,935 --> 00:33:23,848
too scared to comfort
their babies,
638
00:33:23,918 --> 00:33:25,209
that's terrorism.
639
00:33:26,150 --> 00:33:27,951
Thank you, Detective.
640
00:33:28,222 --> 00:33:32,525
After the judge let
Vince Fonsella go,
I was pretty steamed.
641
00:33:34,767 --> 00:33:37,640
I was on my way home
and I got a text message
642
00:33:37,710 --> 00:33:40,202
saying that something
was happening over
at the ball fields.
643
00:33:40,272 --> 00:33:43,335
I thought, maybe,
one of my brother's buddies
was going to fight Vince.
644
00:33:43,615 --> 00:33:45,947
What, in fact,
happened when you
got to the field?
645
00:33:46,017 --> 00:33:49,690
There was a bunch of guys
yelling at each other,
Vince's guys and our guys.
646
00:33:50,161 --> 00:33:52,633
But if you've ever seen
a hockey fight,
everybody talks smack,
647
00:33:52,703 --> 00:33:56,906
guys swing their sticks,
sometimes two guys
even throw punches...
648
00:33:56,976 --> 00:33:58,908
But I figured that'd be
the worst case scenario.
649
00:33:59,378 --> 00:34:00,940
What happened?
650
00:34:01,050 --> 00:34:04,543
It got out of hand.
I heard this crack,
651
00:34:04,653 --> 00:34:08,096
and there was this guy
on the ground
with his head split open.
652
00:34:08,466 --> 00:34:09,898
And then...
653
00:34:12,700 --> 00:34:13,931
I'm sorry
654
00:34:15,172 --> 00:34:17,474
innocent people got hurt.
I...
655
00:34:18,485 --> 00:34:21,818
Nobody deserved to die
because of what happened
to my brother.
656
00:34:23,519 --> 00:34:25,721
But we were not trying
to make a statement.
657
00:34:26,992 --> 00:34:31,126
We were just hurt
and angry, and stupid.
658
00:34:32,207 --> 00:34:34,509
I've served six years
in the Fire Department,
659
00:34:34,579 --> 00:34:36,510
I've run into buildings
to save people.
660
00:34:36,651 --> 00:34:39,173
I work with guys who
lost friends in the towers.
661
00:34:39,253 --> 00:34:43,486
I'm willing to be punished,
but to call me a terrorist!
662
00:34:44,567 --> 00:34:47,300
And send me
to jail for life?
663
00:34:47,370 --> 00:34:50,963
That doesn't make sense.
664
00:35:04,504 --> 00:35:09,909
You run into burning buildings
and save people for a living,
665
00:35:09,979 --> 00:35:13,112
and in your spare time
you get into street fights
666
00:35:13,182 --> 00:35:15,914
where innocent people
are killed?
667
00:35:16,084 --> 00:35:17,916
I told you,
we were angry.
668
00:35:18,326 --> 00:35:20,588
Now, you invoked
the memory
669
00:35:20,668 --> 00:35:21,829
of the brave
men and women
670
00:35:21,899 --> 00:35:25,162
who went up
into those towers
seven years ago.
671
00:35:25,402 --> 00:35:31,177
Do you think
they felt scared,
even terrified?
672
00:35:31,348 --> 00:35:33,339
Yeah, sure.
673
00:35:34,020 --> 00:35:38,223
But they didn't give in
to their feelings,
they did their duty,
674
00:35:38,794 --> 00:35:40,926
just as much as
you failed to do yours.
675
00:35:41,006 --> 00:35:42,697
Objection.
Withdrawn.
676
00:35:44,879 --> 00:35:47,972
Mr. Hauser,
when the fight broke out,
677
00:35:48,052 --> 00:35:50,844
why didn't you try
to stop it or call 911?
678
00:35:52,856 --> 00:35:54,327
I don't know.
679
00:35:54,397 --> 00:35:56,689
And if you wanted to
punish Vince Fonsella,
680
00:35:56,759 --> 00:35:59,492
did you consider filing
a wrongful death suit?
681
00:36:01,103 --> 00:36:02,574
Lot of good
that would've done.
682
00:36:03,605 --> 00:36:06,408
You don't have
much faith in our
justice system, do you?
683
00:36:06,478 --> 00:36:08,249
If you guys hadn't let
Vince Fonsella go,
684
00:36:08,319 --> 00:36:09,340
none of this
would've happened.
685
00:36:09,420 --> 00:36:11,182
So maybe next time,
we'll think twice
686
00:36:11,262 --> 00:36:12,853
before we make a deal
with a killer?
687
00:36:12,923 --> 00:36:13,914
That's right.
688
00:36:13,994 --> 00:36:15,726
Maybe next time,
the courts
won't be so quick
689
00:36:15,796 --> 00:36:18,358
to release a murderer.
That's the lesson
here, isn't it!
690
00:36:18,438 --> 00:36:19,699
Yeah. That's the lesson.
691
00:36:19,769 --> 00:36:21,571
So, that's your
political statement,
692
00:36:21,641 --> 00:36:23,843
the message of
your violent behavior.
693
00:36:23,913 --> 00:36:28,216
So, I guess you did
have a point after all,
didn't you, Mr. Hauser?
694
00:36:33,761 --> 00:36:37,034
Serious crimes
were committed
on those ball fields.
695
00:36:37,334 --> 00:36:41,278
But for reasons known only
to the District Attorney,
696
00:36:41,348 --> 00:36:46,412
no individual defendants
have been charged
for those specific crimes.
697
00:36:47,223 --> 00:36:49,195
Whether it was
a botched investigation
698
00:36:49,265 --> 00:36:53,128
or for political
considerations,
we can only speculate.
699
00:36:53,198 --> 00:36:55,900
But the police
and the prosecutors
700
00:36:55,970 --> 00:36:58,973
can't parse out
who did what to whom.
701
00:36:59,313 --> 00:37:02,916
So instead,
they want you to do
their jobs for them.
702
00:37:03,617 --> 00:37:08,962
They want everyone
who participated
to be convicted of terrorism.
703
00:37:09,802 --> 00:37:13,636
This was a street fight
between men who had
nothing on their minds
704
00:37:13,706 --> 00:37:16,538
except dumb payback.
705
00:37:18,049 --> 00:37:21,452
And these charges
are nothing but
political posturing
706
00:37:21,522 --> 00:37:23,654
by an ambitious prosecutor.
707
00:37:25,496 --> 00:37:28,658
Justice requires you
to acquit these defendants.
708
00:37:41,860 --> 00:37:44,092
Make no mistake,
709
00:37:46,103 --> 00:37:50,838
these acts were an attack
on institutions we hold dear.
710
00:37:52,649 --> 00:37:57,313
Their street fight
was nothing less
than an attempt
711
00:37:57,383 --> 00:38:02,227
to substitute
their brand of justice
for our system of due process.
712
00:38:03,769 --> 00:38:09,143
By bringing their fight
to a public park
and daring anyone to stop it,
713
00:38:09,914 --> 00:38:14,648
they would erode
the public's confidence
in the government's ability
714
00:38:14,718 --> 00:38:16,660
to protect its citizens.
715
00:38:18,231 --> 00:38:21,894
Their behavior
meets the criteria
of a terrorist act.
716
00:38:26,708 --> 00:38:33,674
Every day,
we're subjected to
public acts of violence.
717
00:38:34,225 --> 00:38:38,358
Bare-knuckle punch-outs
in Union Square,
718
00:38:38,428 --> 00:38:42,432
teenage girls
battering each other
on Internet videos,
719
00:38:42,502 --> 00:38:46,375
no-holds-barred
extreme fighting
on prime-time.
720
00:38:47,787 --> 00:38:50,619
It's violence
you can't escape now.
721
00:38:50,689 --> 00:38:53,592
Violence that brutalizes us,
722
00:38:53,662 --> 00:38:56,754
excites us and terrifies us.
723
00:38:56,864 --> 00:39:00,738
And we've seen
what the end of
this road looks like.
724
00:39:00,938 --> 00:39:05,041
It's a soccer stadium
filled with people
725
00:39:05,111 --> 00:39:10,286
forced to watch men
in black turbans
conduct mass executions.
726
00:39:10,656 --> 00:39:14,099
And that's why
you need to find
these defendants guilty
727
00:39:14,159 --> 00:39:17,192
of what, I concede,
is a severe charge.
728
00:39:17,272 --> 00:39:21,936
Because when
we no longer believe
we live in a safe society,
729
00:39:24,588 --> 00:39:26,990
then we live in terror.
730
00:39:41,212 --> 00:39:44,375
Five days.
It shouldn't take
that long to acquit.
731
00:39:44,525 --> 00:39:46,717
Don't sell yourself short.
732
00:39:46,787 --> 00:39:48,419
You gave them
something to chew on.
733
00:39:48,559 --> 00:39:50,530
Rubirosa.
I really don't want
any credit here.
734
00:39:50,601 --> 00:39:51,591
This was your idea.
735
00:39:51,902 --> 00:39:53,163
Okay,
I'll come right over.
736
00:39:55,074 --> 00:39:57,597
The court officers just
broke up a fist fight
in the jury room.
737
00:39:58,848 --> 00:40:02,080
Great. Maybe we can
watch it on the Internet.
738
00:40:09,767 --> 00:40:11,028
Are you happy now?
739
00:40:11,408 --> 00:40:14,071
This case has put
the whole city on overload.
740
00:40:14,171 --> 00:40:16,773
Maybe you should re-read
your summation.
741
00:40:17,083 --> 00:40:19,946
Something had to be done,
something out of the ordinary.
742
00:40:20,016 --> 00:40:24,760
Out of the ordinary,
like when the Russian mob
killed A.D.A. Ricci,
743
00:40:24,830 --> 00:40:26,632
and you suspended
habeas corpus?
744
00:40:27,332 --> 00:40:30,935
Crossing the line
was one thing when
Adam Schiff had your back.
745
00:40:31,005 --> 00:40:33,998
Now, you're out there
all by yourself.
746
00:40:34,248 --> 00:40:35,409
That doesn't bother me.
747
00:40:35,479 --> 00:40:38,041
No, it just makes you
more stubborn.
748
00:40:39,052 --> 00:40:40,543
The jury's at
each other's throats,
749
00:40:40,624 --> 00:40:42,095
what if they hang
on the verdict?
750
00:40:42,165 --> 00:40:44,427
Or worse,
what if they do acquit?
751
00:40:45,468 --> 00:40:47,630
You're gonna look
like a fool,
752
00:40:47,700 --> 00:40:49,001
not to mention
what it'll do
753
00:40:49,071 --> 00:40:51,013
to the credibility
of this office.
754
00:40:52,244 --> 00:40:55,376
Jack, you made your point.
755
00:40:55,456 --> 00:40:58,649
You proved
you'll protect this city
come hell or high water.
756
00:40:58,729 --> 00:41:01,792
Now, prove you have
the wisdom to back down
757
00:41:01,862 --> 00:41:03,854
when you're doing
more harm than good.
758
00:41:11,520 --> 00:41:13,041
We hear there
might be an offer?
759
00:41:13,122 --> 00:41:14,212
You heard right.
760
00:41:14,283 --> 00:41:16,184
So, McCoy's
regained his sanity.
761
00:41:16,394 --> 00:41:17,585
It's all or nothing.
762
00:41:18,326 --> 00:41:21,168
The three defendants
who beat
Vince Fonsella to death
763
00:41:21,228 --> 00:41:24,071
plead to Murder Two,
20-to-life.
764
00:41:25,642 --> 00:41:28,945
The other defendants
take two counts of Man One,
765
00:41:29,015 --> 00:41:31,247
five years to run
consecutively.
766
00:41:33,859 --> 00:41:37,823
I'd have to do 10 years?
I didn't even kill anybody.
767
00:41:38,333 --> 00:41:41,396
Well, right now,
you have a life sentence
hanging over your head,
768
00:41:41,476 --> 00:41:44,308
so you can whine about it
or you can cut your losses.
769
00:41:46,610 --> 00:41:49,983
Even though the terrorism
charges were dropped,
770
00:41:50,053 --> 00:41:53,756
this plea bargain
is a just and fair
resolution of a case
771
00:41:53,827 --> 00:41:56,529
that was controversial
and hard-fought.
772
00:41:56,599 --> 00:42:00,132
In the end, the people of
our city will rest easier
773
00:42:00,202 --> 00:42:04,145
knowing that mob violence
will not be tolerated,
774
00:42:04,215 --> 00:42:07,809
and that justice
will prevail over
those who engage in it.
775
00:42:11,322 --> 00:42:13,523
I'd also like to express
my gratitude
776
00:42:13,594 --> 00:42:16,126
to Assistant District
Attorney, Michael Cutter,
777
00:42:16,206 --> 00:42:19,038
who tried this case
and who brought
sense and reason
778
00:42:19,108 --> 00:42:20,439
to bear on the outcome.
779
00:42:23,182 --> 00:42:24,553
Thank you.
780
00:42:24,613 --> 00:42:27,586
Mr. McCoy,
do you have plans to join
the Obama administration?
63137
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