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In the criminal justice system,
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the people are represented by two separate
yet equally important groups-
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the police, who investigate crime,
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and the district attorneys,
who prosecute the offenders.
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These are their stories.
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I feel stupid takin' him back.
Everybody knows I dumped him.
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It's embarrassin' I mean, me
and Tommy got back together.
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I know. I'm sorry, Chantal.
I didn't mean you guys.
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Neighborhood kid.
Henry Ware, 19.
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Shot twice in the chest.
Wallet, keys... and this in his pockets.
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Coke?
Looks like. Good luck.
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We'll let you know how it turns out.
Meantime, voucher that.
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Hey, are those the witnesses?
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The ones that stuck around.
Friends of the deceased.
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Hey, uh, you want to tell us
what happened over here?
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Man, I don't know. We were just
sittin' here, talkin' with Bigboy.
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Bigboy?
That's what we call Henry.
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Anyway, we were
just chillin' you know?
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Dude rides up outta nowhere,
fires off a couple.
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- The dude say anything to Bigboy?
- Yeah, like, "Keep your hands off the goods.”
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Something like that.
And then what happened?
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Then we were screamin' and stuff,
and we couldn't believe it.
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Henry just grabs his chest
and falls down.
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What about the shooter?
Rode off that way.
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You think they knew each other?
I don't know. Never seen him before.
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- What'd he look like?
- Kinda dark-skinned
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About our age.
Older, maybe. Twenty, twenty-one.
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Anything else?
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What? What's wrong?
He had, like, a weird eye.
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A weird eye?
Somethin' wrong with it.
His right eye.
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It was all white.
White?
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Messed up. Kinda milky-looking.
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- You got any idea what this was about?
- No idea.
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- What about drugs? Was he dealing?
- Dealing?
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Nah. Noway.
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Detectives? We got something here.
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All right. Stick around
and give your numbers
to the sergeant, all right?
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We gotta make sure these kids
are on the level.
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I mean, if he was dealing,
this is an ordinary drug killing.
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I got a C.I. in this neighborhood
we could talk to.
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Yeah, we got some
pretty good tire tracks here.
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Yeah. That's where the witnesses said
the shooter rode off that way.
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Well, we can take pictures, make a cast.
Maybe we'll get something.
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All right, cool. Thanks.
Okay.
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We might as well start
canvassing the neighborhood.
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See if anybody saw a kid on a bike?
That oughta narrow it down.
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Sorry I never seen a dude
with a weird eye...
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sellin' coke or smack
or anything else around here.
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What about this guy?
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Fat kid. I seen him around.
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Wait. Uh, Bigboy.
That's what they call him.
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Yeah. But he's small time,
nickel and dime.
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You're right. He was dealing.
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I guess his friends were just trying
to protect his good name.
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Hey, any idea who'd
wanna take him out?
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Like I said,
that dude was small time.
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“Keep your hands off the goods."
Maybe Bigboy was stepping
on somebody else's turf.
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You know who controls the corner
where he got shot?
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Bigboy never sold nothing, all right?
Kid was strictly a mule.
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We heard he was selling
a little on the side.
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Nickels and dimes.
His friends said he liked
a little taste too, now and then,
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so maybe he was
dipping into your goods.
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Listen, I caught Bigboy
skimmin' on my stuff,
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you think I would have
some mook on a bicycle
take him out?
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I'll slap him up and down
the street myself,
make an example out of him.
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And what about the shooter?
Don't know no black kid with a bad eye.
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If we find out you were ever even
on the same subway car with him,
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- you're gonna wish you never
dropped out of high school.
- I look worried to you?
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You wanna keep working
this drug angle?
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Much as I love mingling
with the lower crust,
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why don't we find out if the lab's
got anything on those bike tracks?
All right.
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These don't look at all alike.
How can you be sure
they're from the same bike?
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You know, I thought the same thing, too,
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but after comparing mold offset,
sipe pattern and center rib appearance--
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You passed out from boredom?
I determined that
they're both Sinclair Cool J's.
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The only difference between
the two tracks is tread wear.
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So one tire's
less worn than the other.
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Not less worn. Brand-new.
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Being as how you're
such a cycling enthusiast,
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would you happen to have
a list of all the places
that sell these things?
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Milky, kinda cloudy?
Right.
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So, was he in here or not?
Kid said it was glass.
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You know what?
I had a neighbor that had a glass eye.
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If you looked at it in the right light
it was white.
Did you sell this kid a tire?
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A Sinclair Cool J.
And while I'm taking it off the hook,
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he tries to stuff a couple of
Shimano pedals under his jacket.
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I told him if he ever came back,
I'd stick a Kooka crank
right up his you-know-what.
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When was this?
Three, four weeks ago.
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I don't suppose he used a credit card.
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Now, that's funny.
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On the other hand, how many black males,
16 to 25, have a glass eye?
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These days,
they're mostly acrylic plastic.
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Same as everything else.
Glass eyes aren't glass.
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They still have to be maintained.
Maintained?
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Well, you see, the eye's natural fluid
eats away at the artificial eyeball.
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Now, this guy's eye is white,
kinda milky.
Oh, yeah. That can happen...
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if you try to clean it yourself
with rubbing alcohol, for example.
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- What kind of records do you keep?
name, age.
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Race?
No, but we file by eye color.
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Okay, brown-eyed patients, 16 to 25.
How many are we talking about?
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Here we go.
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Uh, about 400-plus patients
in that category.
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Oh, God, I really thought
this was gonna be a whole lot easier.
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Now, this guy probably didn't have insurance.
You take those kind of cases?
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Oh, Medicaid? Sure.
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Um, how's 50 or so sound?
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Prison guards don't talk to
as many felons as we have today.
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That's what you get for being so brilliant.
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Yeah?
We're looking for Foster Keyes.
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He ain't in right now.
Who are you?
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I'm his cousin, man.
What's this all about?
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A shooting.
What you tryin' to say,
Foster shot somebody?
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We think maybe
that he saw something.
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Hmm. You got a card or something?
I'll give it to him when I see him.
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You happen to know
where he is now?
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I'll tell him to give you a holler.
Yeah, you do that.
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Mm-hmm.
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You check out the prison tats
on that dude?
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If Keyes is our man,
Cousin Helpful here...
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is gonna tip him off faster than
you can say "aiding and abetting."
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Yo. Hey, uh, what's up?
Y'all know Foster Keyes?
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Look, we already know where he lives.
We just wanna know where he hangs out.
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I hear he got a new girl.
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You crazy?
I ain't afraid of him. I hate that punk.
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Other day I was sitting
right outside on the stoop,
wasn't bothering nobody.
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Fos, he come up
and jack my Game Boy.
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- You know the girl's name?
- No, but I seen her hanging out
at the projects on 168th.
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Yo, am I gonna get my Game Boy back?
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We'll do our best.
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Later, y'all.
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I been here six years.
Believe me, if he lived here, I'd know.
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Not him.We think
his girlfriend lives here.
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Who is it?
It's the police. Can you open up?
I just need to ask you a question.
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Hold on.
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Lennie.
Thanks anyway. Never mind.
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It's the police! Open the door!
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- What's goin' on?
- Where is he?
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- Who? I'm the only one here.
- I heard voices. Your boyfriend.
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- Boyfriend? I ain't got no boyfriend.
- Foster Keyes! Where is he?
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Kitchen's clear.
Is that the bedroom?
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How long you known Foster?
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- Ed!
- Stay right here.
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I ain't do nothing.
Good Then you can
come out of the closet.
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The witnesses are waiting outside.
Yo-ho-ho and a bottle of rum.
What's up with the pirates?
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The witnesses said
the shooter had a weird eye.
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I figured this would rule out a bad I.D.
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Oh, hey, y'all. This is Shayna.
Shayna, this is Lieutenant Van Buren.
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Hey, Shayna.
They can't see me, right?
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Not even with two eyes.
just take your time.
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He wasn't wearing a patch
when I saw him.
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We know. Take a good look.
You see the shooter?
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Number three.
You sure?
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That's the one. He shot Bigboy.
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I don't even need to see
his bad eye. That's him.
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You'd be willing to say that in court?
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It's the truth.
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- It wasn't me.
- Two witnesses saw you pull the trigger.
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What were they, hallucinating?
Maybe they're trying to frame me up.
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Now, why would they do that?
I don't know. A mistaken identity?
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Yeah, right.
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So where were you that day,
around 3:30 in the afternoon?
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Hanging with my boys.
Hanging out where?
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La Guardia Houses.
That's 150th Street.
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Yeah.
The whole time?
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All day, all night.
Till midnight almost.
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You were there the whole time?
You didn't go anywhere?
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No.
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Okay.
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So who was riding your bike
20 blocks away, hmm?
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I don't know.
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Foster, you can't be two places at once.
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See, we got a scientist who can prove
100% beyond a reasonable doubt...
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that your bike made the tracks
that we found at the crime scene.
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And whoever was riding that bike
shot and killed Bigboy.
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And since we got two witnesses
that saw you...
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Whoa, whoa, whoa, whoa.
And unless you can
prove it wasn't you...
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Well, how am I
supposed to do that?
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You're going down. Murder two.
That ain't right.
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I can't help it
if somebody took my bike!
Then help us out here, man.
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Maybe we can help you
get out from under this.
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Mr. Keyes's attorney, Gerard Wills.
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00:11:02,210 --> 00:11:06,262
Foster thanks you for the hot coffee
but the interview's over, Detectives.
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00:11:13,793 --> 00:11:15,939
I heard about your charade of a lineup.
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00:11:16,002 --> 00:11:18,821
Two eyewitnesses identified
Mr. Keyes as the shooter.
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How do you know they didn't see
some guy with an eye patch
pull the trigger?
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00:11:21,860 --> 00:11:26,825
Mr. Wills, their initial I.D.'s
said nothing about an eye patch.
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00:11:26,881 --> 00:11:30,739
They were all about a guy with a bad eye.
Milky white. Sound like anyone you know?
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00:11:30,797 --> 00:11:33,982
Argue misidentification
until you're blue, Mr. Willis.
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00:11:34,045 --> 00:11:37,036
Do you really think that a jury's
going to believe your client
with his record...
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00:11:37,091 --> 00:11:39,134
over two eyewitnesses
who are solid citizens?
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00:11:39,200 --> 00:11:43,994
Nobody else saw Mr. Keyes
allegedly in the park
when Mr. Ware got shot.
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00:11:44,053 --> 00:11:47,808
We got forensic evidence puts
your client's bicycle at the scene.
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00:11:47,870 --> 00:11:49,981
Junk science. Those tracks could
have been made any time that day.
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00:11:50,046 --> 00:11:52,226
We found drugs
on the dead boy,
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and your client has
a well-documented history
of dealing in narcotics.
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00:11:55,971 --> 00:12:01,301
Not in that neighborhood
He never sold or bought drugs
from Henry Ware.
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00:12:01,360 --> 00:12:04,979
Sounds like your two eyewitnesses
are your whole case.
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00:12:06,113 --> 00:12:08,796
Tell your client that he would be
smart to plead this one out.
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00:12:08,858 --> 00:12:12,408
I'll convey your offer, Miss Southerlyn.
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Don't hold your breath.
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00:12:15,687 --> 00:12:19,843
We think this was about drugs.
Some sort of dispute over
territory, customers.
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00:12:19,905 --> 00:12:23,089
We're still working it.
How good are your eyewitnesses?
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00:12:23,151 --> 00:12:25,800
Jimmy Gordon's got a steady job
and the other one, Shayna Rosario,
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is going part-time to Lower
Manhattan Community College.
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What about forensics?
We never found the gun.
We have the bike tracks.
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00:12:32,725 --> 00:12:35,544
But Wills is right.
It really rests on these witnesses.
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00:12:35,604 --> 00:12:39,394
Teenagers. You never know
how they'll hold up in court.
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00:12:39,454 --> 00:12:41,840
Better shore up the drug angle.
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00:12:45,144 --> 00:12:47,496
I knew something like this
would happen sooner or later.
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00:12:47,555 --> 00:12:51,641
I told Henry he needed
to stop what he was doing
and get a real job like his boy Jimmy.
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00:12:51,705 --> 00:12:56,328
But you know kids.
They think they bulletproof.
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They think they gonna live forever.
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00:13:00,476 --> 00:13:02,462
Do you know if your brother
ever bought or sold drugs...
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00:13:02,518 --> 00:13:05,303
up at the 168th Street projects?
I don't.
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00:13:05,363 --> 00:13:09,827
Sorry. It's not like
he would've told me if he did.
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00:13:09,882 --> 00:13:13,272
As far as I know, he didn't know
anybody up there. Why?
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00:13:13,330 --> 00:13:16,183
It's where the police found Keyes.
Keyes?
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00:13:16,243 --> 00:13:19,564
Foster Keyes. The man charged
with Henry's murder.
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He was staying with some girl.
Jannette Richards?
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00:13:26,653 --> 00:13:30,009
Jannette?
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00:13:30,067 --> 00:13:32,019
Maybe Henry hung out with
a girl named Jannette sometimes.
222
00:13:32,076 --> 00:13:34,028
Um... Ask Jimmy.
223
00:13:34,084 --> 00:13:38,274
- Jimmy Gordon.
- Yeah. He and Henry have been
best friends since forever.
224
00:13:38,336 --> 00:13:42,228
If anybody would know, he would.
225
00:13:42,286 --> 00:13:47,182
Yo, Ma, calm down.
I am not going to calm down,
not after what happened this morning.
226
00:13:47,240 --> 00:13:50,595
What happened this morning?
First, he gets another one
of those phone calls.
227
00:13:50,655 --> 00:13:52,732
Jimmy, you've been
threatened?
228
00:13:52,796 --> 00:13:55,376
Yeah.
Saying he's gonna die
if he keeps talking to you all.
229
00:13:55,441 --> 00:13:59,026
How many of these calls have you gotten?
Three, four a week maybe,
230
00:13:59,090 --> 00:14:01,978
since they arrested
the dude that shot Bigboy.
231
00:14:02,036 --> 00:14:05,084
You recognize the voice?
Just some guy. I don't know who.
232
00:14:05,149 --> 00:14:07,660
The calls are the least of it.
He's leaving the house this morning,
233
00:14:07,727 --> 00:14:10,512
some kid walks up to him with a gun,
waving it in his face.
234
00:14:10,572 --> 00:14:14,830
- Never seen him before.
- I've been telling him
this is not worth dying for.
235
00:14:14,890 --> 00:14:17,207
He won't be the only witness,
Mrs. Gordon.
236
00:14:17,266 --> 00:14:19,481
Shayna Rosario has agreed to testify too.
237
00:14:19,543 --> 00:14:22,031
If she wants to put her life on the line,
that's her choice.
238
00:14:22,087 --> 00:14:26,242
I gotta do this, Ma.
Bigboy was my best friend.
239
00:14:26,305 --> 00:14:29,158
How would it look
if Shayna testified and I didn't?
240
00:14:29,217 --> 00:14:32,436
We'll investigate the threats,
Mrs. Gordon.
241
00:14:32,498 --> 00:14:34,450
I'll talk to the D.A.'s office.
242
00:14:34,506 --> 00:14:37,359
They'll arrange some protection
for your son during the trial.
243
00:14:37,418 --> 00:14:39,804
- What kind of protection?
- He'll get a police escort...
244
00:14:39,862 --> 00:14:42,613
to and from the courthouse.
That ain't much.
245
00:14:42,674 --> 00:14:44,820
What about when he goes to the corner
to get me a quart of milk?
246
00:14:44,883 --> 00:14:50,408
Is there anyone he could
stay with for a while,
outside the neighborhood?
247
00:14:53,051 --> 00:14:57,536
- You could go to your aunt's in Brooklyn.
- All right.
248
00:14:57,604 --> 00:14:59,556
Now listen to me, Jimmy.
249
00:14:59,612 --> 00:15:03,161
You need to stay at your aunt's
till the trial is over.
250
00:15:03,228 --> 00:15:06,344
Do not go back
to your old neighborhood.
251
00:15:06,408 --> 00:15:08,416
Do you hear what I'm sayin'?
252
00:15:08,483 --> 00:15:11,907
I ain't afraid of these guys.
Bunch of punks.
253
00:15:11,965 --> 00:15:14,784
Jimmy.
254
00:15:15,847 --> 00:15:18,301
All right. Okay.
255
00:15:20,969 --> 00:15:23,822
I heard they found the shooter
hidin' in some girl's closet.
256
00:15:23,881 --> 00:15:26,929
Jannette Richards.
Jannette?
257
00:15:26,994 --> 00:15:28,947
You know her?
258
00:15:29,003 --> 00:15:32,085
That's Foster's girl. Bigboy was
messin' with her the other night
259
00:15:32,150 --> 00:15:35,038
I told y'all it wasn't about no drugs.
260
00:15:38,610 --> 00:15:41,566
I've changed my mind.
261
00:15:41,623 --> 00:15:45,412
What happened, Shayna?
Were you threatened?
262
00:15:45,473 --> 00:15:49,262
The more I thought about it,
the more I realized I wasn't sure
who pulled the trigger.
263
00:15:49,322 --> 00:15:53,340
She just doesn't want
the wrong guy goin' to jail.
We can protect you.
264
00:15:53,407 --> 00:15:57,299
She doesn't 't need protection.
She's not testifying.
265
00:15:57,356 --> 00:16:02,151
Shayna, how are you gonna feel
if Henry's killer goes flee?
266
00:16:02,210 --> 00:16:04,162
If he kills somebody else?
267
00:16:04,218 --> 00:16:09,309
You don't need me.
You got Jimmy.
268
00:16:13,758 --> 00:16:15,904
I already told the lieutenant
I ain't scared.
269
00:16:15,968 --> 00:16:19,861
Yeah, well, it's all right if you are.
270
00:16:19,918 --> 00:16:21,870
But I ain't.
271
00:16:25,040 --> 00:16:27,459
The grand jury's gonna be
the easy part.
272
00:16:27,517 --> 00:16:31,980
There won't be a defense attorney
there to attack your story
and try and trip you up.
273
00:16:32,036 --> 00:16:34,114
But when we get
to the actual trial,
274
00:16:34,178 --> 00:16:36,689
Foster Keyes is gonna be there
staring at you.
275
00:16:36,755 --> 00:16:42,155
Yeah, with his one good eye.
And his friends and his family
are gonna be there.
276
00:16:42,212 --> 00:16:44,598
The defense attorney
is really gonna go after you.
277
00:16:45,660 --> 00:16:49,746
He's gonna practically call you a liar.
He'll challenge everything you say.
278
00:16:52,087 --> 00:16:55,271
Bring it on. I can handle it.
279
00:16:55,334 --> 00:16:57,686
All I got to do is tell the truth, right?
280
00:16:58,949 --> 00:17:00,901
You'll be fine.
281
00:17:08,122 --> 00:17:11,078
Bigboy was real easy-going.
282
00:17:11,134 --> 00:17:16,294
Jannette just pushed him too far.
She kept saying he was so fat
he could never hook up with a girl...
283
00:17:16,356 --> 00:17:18,308
even if he did find one
that would have him.
284
00:17:18,365 --> 00:17:21,287
That's when he slapped her.
How did she react to that?
285
00:17:21,344 --> 00:17:24,232
She was angry?
Real angry.
286
00:17:24,290 --> 00:17:26,938
She kept screaming at him,
saying he was gonna be sorry
he ever laid a hand on her.
287
00:17:27,001 --> 00:17:30,517
What else did she say?
288
00:17:31,654 --> 00:17:34,839
Said she was gonna tell her boyfriend.
He'd make it all right.
289
00:17:34,901 --> 00:17:38,725
Was that the end of it?
Couple weeks later,
we were hangin ' out in the park.
290
00:17:38,784 --> 00:17:41,798
Dude rides up and shoots Bigboy.
291
00:17:41,864 --> 00:17:43,817
I mean... Henry.
292
00:17:43,873 --> 00:17:46,692
Do you see that person
in the courtroom?
293
00:17:46,751 --> 00:17:50,232
Him. The defendant.
294
00:17:50,300 --> 00:17:53,290
Foster Keyes.
295
00:17:53,345 --> 00:17:58,573
Did Mr. Keyes say anything
before he shot your friend?
296
00:17:58,634 --> 00:18:02,652
He said, “Keep your hands off the goods."
297
00:18:02,719 --> 00:18:04,671
Then he shot him.
298
00:18:04,727 --> 00:18:07,010
No more questions.
299
00:18:15,774 --> 00:18:19,198
Where are the police
on the threats to Jimmy Gordon?
300
00:18:19,255 --> 00:18:22,770
All of the calls
came from various pay phones.
There's no way to trace them.
301
00:18:22,837 --> 00:18:25,690
As soon as we convict Mr. Keyes
of murdering Henry Ware,
302
00:18:25,749 --> 00:18:27,701
I'm going to indict him
for witness intimidation.
303
00:18:27,757 --> 00:18:30,474
Isn't that a little overkill?
Keyes will be serving 20 to life.
304
00:18:30,536 --> 00:18:33,584
We're sending a message.
We protect witnesses.
305
00:18:33,649 --> 00:18:36,640
Go ahead. Sorry.
Southerlyn.
306
00:18:40,143 --> 00:18:43,602
Neighbor heard shots,
saw a black male
walking from the scene.
307
00:18:43,658 --> 00:18:45,610
We found your card
in the dead boy's pocket.
308
00:18:45,666 --> 00:18:49,491
Thanks. I told him to call me
if he needed anything.
I wish he had.
309
00:18:49,550 --> 00:18:51,502
Counselor!
What the hell happened?
310
00:18:51,558 --> 00:18:54,275
We don't know yet.
Maybe he came back to see a girl
311
00:18:54,336 --> 00:18:56,619
I thought that the police
were keeping an eye on him.
312
00:18:56,680 --> 00:18:59,830
We were. He was supposed
to be in Brooklyn.
313
00:19:15,024 --> 00:19:18,106
Your Honor, Jimmy Gordon's testimony
was the crux of our case.
314
00:19:18,170 --> 00:19:22,290
He was an eyewitness to the shooting
and to the event that precipitated it.
315
00:19:22,355 --> 00:19:25,471
Since I never had the opportunity
of cross-examining him, his...
316
00:19:25,535 --> 00:19:29,050
His testimony can't come in.
Are there any more witnesses?
317
00:19:29,116 --> 00:19:32,164
There was one,
but she was too frightened
to appear before the grand jury.
318
00:19:32,229 --> 00:19:34,182
I doubt she'll come forward now,
in light of what's happened.
319
00:19:34,238 --> 00:19:38,530
As I see it, Your Honor,
Mr. McCoy's just admitted he's got no case.
320
00:19:38,590 --> 00:19:41,101
Consider this my motion to dismiss.
Motion to dismiss?
321
00:19:41,167 --> 00:19:44,317
Your client just added
another murder to his rap sheet.
322
00:19:44,382 --> 00:19:47,167
I'm afraid I'm going
to have side with Mr. Wills.
323
00:19:47,227 --> 00:19:49,738
I still have Jimmy Gordon's
grand jury testimony.
324
00:19:49,804 --> 00:19:54,267
People v. Hellenbrand
The minutes of a witness's
grand jury testimony...
325
00:19:54,323 --> 00:19:57,405
can be read into evidence
if the witness is no longer available.
326
00:19:57,470 --> 00:20:01,123
Hellenbrand only applies
if it's clear that the defendant
is behind the witness's absence.
327
00:20:01,186 --> 00:20:04,576
How much clearer could it be?
What more do you want?
A sign from God?
328
00:20:04,633 --> 00:20:07,121
I would settle for some proof.
329
00:20:07,177 --> 00:20:09,425
Res ipsa loquitur, Your Honor.
330
00:20:09,487 --> 00:20:11,495
That's Latin for “They got nothin'."
331
00:20:11,562 --> 00:20:14,644
If you want a few more days
to shore up your case...
332
00:20:14,709 --> 00:20:17,061
A few days won't do me any good.
333
00:20:17,119 --> 00:20:19,539
If you're not going to allow
the grand jury testimony,
334
00:20:19,596 --> 00:20:22,712
at least give me leave to re-present
when and if I have a new case.
335
00:20:22,776 --> 00:20:24,729
Jeopardy has already attached,
336
00:20:24,785 --> 00:20:27,273
which means that the charges will
have to be dismissed with prejudice.
337
00:20:27,329 --> 00:20:29,647
Why not give the defendant
a pat on the back on the way out?
338
00:20:29,706 --> 00:20:31,886
Out of line, Mr. McCoy
339
00:20:31,949 --> 00:20:35,430
If you find evidence that Mr. Keyes was
involved in the murder of this witness,
340
00:20:35,496 --> 00:20:37,449
you can charge him for it.
341
00:20:37,505 --> 00:20:39,513
And if that happens,
342
00:20:39,581 --> 00:20:43,701
Mr. Keyes better pray that he
doesn't draw me as his judge.
343
00:20:43,765 --> 00:20:46,414
Charges are dismissed.
344
00:20:51,398 --> 00:20:53,544
Dismissed?
You gotta be kidding me.
345
00:20:53,607 --> 00:20:58,504
We'll keep workin' on him. Try him again.
Double jeopardy. He can't be
tried again for killing Bigboy.
346
00:20:58,561 --> 00:21:00,741
He has a witness killed,
and he gets off?
347
00:21:00,804 --> 00:21:02,848
We have to prove he's involved.
348
00:21:02,913 --> 00:21:05,264
Then we can ring him up
for the murder of Jimmy Gordon.
349
00:21:05,323 --> 00:21:07,971
But he walks on Henry Ware.
Fraid so.
350
00:21:08,034 --> 00:21:10,614
Makes me wanna accidentally
discharge my weapon.
351
00:21:10,679 --> 00:21:16,272
The only way we're gonna get Foster Keyes
is to tie him to whoever shot Jimmy Gordon.
352
00:21:16,336 --> 00:21:18,288
Aside from the description
of a “young black male"...
353
00:21:18,345 --> 00:21:20,924
and the two .38 slugs
they dug out of Gordon's back,
354
00:21:20,989 --> 00:21:22,941
we got zip from the crime scene.
355
00:21:22,998 --> 00:21:26,685
What about the death threat list?
Keyes's friends and associates?
356
00:21:26,747 --> 00:21:30,731
Keyes did a stint in juvie, a year in Attica,
had three narcotics arrests.
357
00:21:30,797 --> 00:21:33,308
I gotta say, the list goes on and on.
358
00:21:33,374 --> 00:21:35,326
Let's start with the sign-in sheet at Rikers.
359
00:21:35,383 --> 00:21:39,503
See if Keyes had any visitors while
he was in custody for Bigboy's murder.
360
00:21:39,567 --> 00:21:43,551
Maybe that's how they arranged
the hit on Jimmy Gordon.
361
00:21:46,162 --> 00:21:49,518
Who would've thought so many guys
named “Bernard” visit prisons?
362
00:21:49,576 --> 00:21:51,722
I've seen three already.
363
00:21:51,786 --> 00:21:57,219
Keyes was in custody for four weeks,
and all we have so far on visits
are who again?
364
00:21:57,275 --> 00:22:00,425
Three from his mom, one from Grandma,
one from his sister.
365
00:22:00,489 --> 00:22:03,708
Right, but no known felons.
Wait a minute.
366
00:22:03,769 --> 00:22:08,129
- “December 7, 3:06 p.m.
- Foster Keyes.
367
00:22:08,188 --> 00:22:12,480
Visitor...
“X"...They signed with an “X”?
368
00:22:12,539 --> 00:22:16,364
So the security guard
checked the driver's license
and it had an “X” on it?
369
00:22:16,423 --> 00:22:21,080
Yeah, that and a picture of Benjamin Franklin
was all the I.D. he needed.
Hmm.
370
00:22:22,784 --> 00:22:26,608
Sometimes I'm doin' three things at once.
Maybe I didn't look at his signature
close enough.
371
00:22:26,666 --> 00:22:29,086
All right, bro,
maybe we didn't make this clear.
372
00:22:29,143 --> 00:22:33,572
Keyes may have hired your Mr. X
to kill a witness in his trial.
373
00:22:33,628 --> 00:22:35,581
At best, you screwed up big time.
374
00:22:35,637 --> 00:22:39,495
Besides losing your job and your pension
you might be looking at a civil suit,
wrongful death...
375
00:22:39,554 --> 00:22:41,837
I swear, if I remembered
anything about the guy...
376
00:22:41,897 --> 00:22:44,111
Think. Is there any other way
we can track him down?
377
00:22:44,173 --> 00:22:46,126
No. These are the only records in here.
378
00:22:46,182 --> 00:22:51,947
You know, some of the inmates
arrange to bump into somebody
on the way to the courthouse.
379
00:22:52,007 --> 00:22:54,119
Or in the courthouse.
380
00:22:55,856 --> 00:23:00,719
I only worked the first couple days
of the Keyes trial. Appendicitis.
Okay.
381
00:23:00,777 --> 00:23:03,163
Sometimes the judge
allows courtroom visitors.
382
00:23:03,221 --> 00:23:06,577
Come to think of it, Keyes did have
some family in the gallery.
383
00:23:06,635 --> 00:23:11,395
Judge allowed them
to visit for a few minutes one day
before they sent Keyes back to Rikers.
384
00:23:11,455 --> 00:23:14,845
Anybody look suspicious?
They all did.
385
00:23:14,904 --> 00:23:17,323
I recognized one of 'em.
He was a defendant in another case.
386
00:23:17,381 --> 00:23:20,668
About your complexion
maybe a little lighter,
387
00:23:20,727 --> 00:23:24,277
built like a tank,
jailhouse tattoos.
388
00:23:24,343 --> 00:23:26,295
Did he have one on his neck?
389
00:23:28,327 --> 00:23:30,279
Cousin Helpful.
390
00:23:30,334 --> 00:23:32,880
You're in a world
of trouble now, Mr. X
391
00:23:32,946 --> 00:23:34,989
Why? 'Cause I went
to go visit my little cousin?
392
00:23:35,055 --> 00:23:38,513
Because the only witness
in your little cousin's case
took two bullets.
393
00:23:38,570 --> 00:23:40,614
You didn't think that was going
to come back on you, genius?
394
00:23:40,679 --> 00:23:44,263
You've been arrested twice for homicide
and the only reason you ain't
spending time in a 6-by-9 now...
395
00:23:44,328 --> 00:23:46,280
is those witnesses
happened to go away.
396
00:23:46,336 --> 00:23:48,516
6-by-9.
Hey, that's... that's cute, man.
397
00:23:48,578 --> 00:23:50,531
What, that's supposed
to make me confess or something?
398
00:23:50,587 --> 00:23:53,543
You can laugh all you want to,
but we don't need
a confession from you.
399
00:23:53,599 --> 00:23:57,149
And we're gonna add witness intimidation
to your case. The jury's gonna eat that up.
400
00:23:57,215 --> 00:24:01,176
Man, I ain't intimidate nobody.
And I definitely ain't killed this
Gordon kid you talkin' about.
401
00:24:01,232 --> 00:24:03,811
You got an alibi?
402
00:24:03,877 --> 00:24:07,426
When'd it go down?
Between 8:00 and 10:00 last night.
403
00:24:07,492 --> 00:24:11,648
Boom. I was hanging out
up at Ray's Famous up on 126th.
404
00:24:11,710 --> 00:24:14,701
Matter of fact, I'll even chill with you
down at the station
while you check on that,
405
00:24:14,756 --> 00:24:17,210
long as I ain't under arrest.
406
00:24:17,267 --> 00:24:19,949
All right. Boom.
Get your ass in the car.
407
00:24:22,388 --> 00:24:27,011
He was at Ray's from 8:00 to midnight.
The counter man, the owner and
two regulars all remember him.
408
00:24:27,074 --> 00:24:29,254
He made sure everybody
got a good look at him.
409
00:24:29,318 --> 00:24:31,863
We sure he's the one behind
Jimmy Gordon's shooting?
410
00:24:31,928 --> 00:24:35,409
He's Keyes's cousin.
Homey plays the system
like a Stradivarius.
411
00:24:35,477 --> 00:24:38,730
Visits Rikers under the table,
has his crew intimidate witnesses.
412
00:24:38,790 --> 00:24:40,799
He's got the whole neighborhood
under his thumb.
413
00:24:40,866 --> 00:24:44,519
You know what his street name is?
Slug. And it ain't 'cause he moves slow.
414
00:24:44,582 --> 00:24:47,801
We've been lookin' through his arrest reports.
Any luck?
415
00:24:47,862 --> 00:24:52,223
A couple of years ago Slug was
picked up for an armed robbery
with a guy named Calvin Jacob Rivers.
416
00:24:52,281 --> 00:24:54,529
- They knocked over a bar.
- Allegedly
417
00:24:54,590 --> 00:24:59,818
- Let me guess.
- Yup. Two dozen witnesses suddenly
developed simultaneous amnesia.
418
00:24:59,879 --> 00:25:01,832
This guy's a walking epidemic.
419
00:25:01,888 --> 00:25:05,609
- Yeah, he's a public health menace.
- Go lean on this Rivers character...
420
00:25:05,671 --> 00:25:09,529
and see if we can use him
to get any leverage on Mr. Slug.
421
00:25:13,036 --> 00:25:16,118
What's gain ' on?
You don't mind if we come in do you, Mr. Rivers?
422
00:25:16,182 --> 00:25:19,264
Your P.O. told us you'd be
crashing at your grandma's crib.
423
00:25:19,328 --> 00:25:23,414
Yeah. She ain't here right now.
You know, you haven't talked
to your P.O. in quite a while.
424
00:25:23,479 --> 00:25:27,200
That's a parole violation.
You ought to give him a call.
I've been busy.
425
00:25:27,262 --> 00:25:30,412
Yeah, murder has a way of screwing up
your whole schedule, doesn't it?
426
00:25:30,476 --> 00:25:33,592
Murder? What are you talkin' about?
Hey, where's he going?
427
00:25:33,655 --> 00:25:38,210
Oh, we just wanna make sure
you don't have any illegal substances
stashed on the premises.
428
00:25:38,275 --> 00:25:42,293
That's a parole violation too, remember?
I ain't done nothing wrong.
429
00:25:42,359 --> 00:25:45,282
Look what I found under the mattress:
430
00:25:45,338 --> 00:25:47,655
a .38 and a stack of 20s.
431
00:25:47,715 --> 00:25:51,539
Cat got your tongue? That's okay,
'cause you have the right to remain silent.
432
00:25:51,598 --> 00:25:55,319
Anything you do say can and will
be used against you in a court of law.
433
00:25:55,380 --> 00:25:57,960
We have your client's prints
all over the gun.
434
00:25:58,025 --> 00:26:02,385
I have no doubt that ballistics
will identify it as the weapon
that killed Jimmy Gordon.
435
00:26:02,444 --> 00:26:05,195
Even if you prove it is the gun,
you can't connect it to my client.
436
00:26:05,255 --> 00:26:07,641
The police found the gun
under the mattress.
437
00:26:07,699 --> 00:26:10,518
In his grandmother's apartment, not his.
438
00:26:10,578 --> 00:26:12,827
So what, Granny did it?
439
00:26:14,327 --> 00:26:18,254
- Whats the deal?
- Shooting a witness is a capital crime in New York.
440
00:26:18,310 --> 00:26:20,263
You give us Ronald Duggan,
441
00:26:20,319 --> 00:26:23,606
and I'll knock it down
to murder two, 20 to life.
442
00:26:23,666 --> 00:26:25,619
Who's Duggan?
Slug.
443
00:26:25,675 --> 00:26:30,469
Look, I'll be candid.
My client has certain...
444
00:26:30,529 --> 00:26:33,953
Let me put it this way.
He might not fully understand
the ramifications here.
445
00:26:34,011 --> 00:26:39,479
Ronald Duggan, a.k.a. Slug,
hired your client, Calvin Rivers,
446
00:26:39,534 --> 00:26:44,019
to murder Jimmy Gordon,
a witness against Foster Keyes,
Duggan's cousin.
447
00:26:44,086 --> 00:26:46,335
No, he didn't.
He testifies against Mr. Duggan...
448
00:26:46,396 --> 00:26:50,619
- I ain't gonna do that.
- Calvin, please don't say anything.
449
00:26:51,685 --> 00:26:55,234
This was all about
a pair of kicks. That's it.
450
00:26:55,301 --> 00:26:59,353
Are you saying
you killed Jimmy Gordon
over a pair of shoes?
451
00:26:59,418 --> 00:27:04,349
Not another word
I think this meeting's over. Come.
452
00:27:13,175 --> 00:27:15,824
Remind me again.
Who are the bad guys?
453
00:27:15,887 --> 00:27:20,372
Slug masterminded
the intimidation of witnesses...
454
00:27:20,440 --> 00:27:24,058
and the murder of Jimmy Gordon,
the star witness in the Foster Keyes case.
455
00:27:24,122 --> 00:27:26,507
Rivers was the triggerman.
456
00:27:26,565 --> 00:27:28,518
You got the goods on Rivers?
457
00:27:28,574 --> 00:27:33,231
Ballistics identified the gun we found
in his grandmother's apartment
as the one used to shoot Gordon.
458
00:27:33,294 --> 00:27:36,079
Can you connect him back
to Slug and Keyes?
459
00:27:36,139 --> 00:27:38,217
Without his testimony,
our case is thin.
460
00:27:38,282 --> 00:27:42,071
We know that Rivers and Slug were
accomplices in an armed robbery once.
461
00:27:42,132 --> 00:27:45,681
Other than that...
And Rivers won't deal?
462
00:27:45,746 --> 00:27:49,000
Apparently, he's more afraid of Slug
than he is of the State of New York.
463
00:27:49,061 --> 00:27:51,309
Who was that other witness?
464
00:27:51,370 --> 00:27:54,327
You know, the one that got
cold feet before we could
get her before a grand jury.
465
00:27:54,383 --> 00:27:57,603
Shayna Rosario.
If Slug threatened her,
466
00:27:57,664 --> 00:28:00,620
and we can convince her to testify,
467
00:28:00,676 --> 00:28:04,832
we might be able to establish him
as the mastermind behind
the Jimmy Gordon murder.
468
00:28:04,894 --> 00:28:07,439
I'll take another crack at her.
469
00:28:09,379 --> 00:28:12,164
Look, I told you.
Nobody threatened me.
470
00:28:12,225 --> 00:28:16,014
As soon as you give us a statement,
we can arrest Slug.
471
00:28:16,074 --> 00:28:20,799
Jail won't stop him. You don't think
I know what happened to Jimmy?
472
00:28:20,862 --> 00:28:23,373
As long as I keep my mouth shut,
I'll be safe.
473
00:28:23,439 --> 00:28:29,135
Not necessarily.
Slug may reach out and try to silence you
on the chance you might testify.
474
00:28:29,196 --> 00:28:32,781
Yeah, now he might,
somebody sees you here.
475
00:28:32,845 --> 00:28:36,965
- If my father knew you were here right now...
- We're going to protect you.
476
00:28:38,469 --> 00:28:40,855
Like you protected Jimmy?
477
00:28:40,912 --> 00:28:44,393
We'll move you
and your family outside the city.
478
00:28:46,035 --> 00:28:48,043
Someplace safe.
479
00:28:50,854 --> 00:28:53,342
- Police! Open up!
- Yo, hold on.
480
00:28:53,398 --> 00:28:56,115
Now!
481
00:28:56,177 --> 00:28:58,962
All right, drop the cards
and get your hands up.
482
00:28:59,023 --> 00:29:01,739
Come on, man, I got aces over eights.
That's a Hickok.
483
00:29:01,801 --> 00:29:04,015
A what?
A dead man's hand.
484
00:29:04,077 --> 00:29:06,029
Detective. Train ticket.
485
00:29:06,085 --> 00:29:09,738
Oh, you going someplace, Slug?
Yeah. I was gonna go
visit my aunt in Virginia.
486
00:29:09,801 --> 00:29:12,552
No, you ain't. You're under arrest
for the murder of Jimmy Gordon.
487
00:29:12,613 --> 00:29:14,725
You too, Foster.
Man, I'm getting tired of you.
488
00:29:14,789 --> 00:29:19,013
Well, you might as well get used to it
'cause we're gonna keep doin' this
till you get it right.
489
00:29:19,074 --> 00:29:21,528
Docket ending 235.
490
00:29:21,584 --> 00:29:25,705
People v. Calvin Rivers,
Foster Keyes, Ronald Duggan.
491
00:29:25,769 --> 00:29:27,721
Charges are
murder in the first degree,
492
00:29:27,777 --> 00:29:29,730
witness intimidation
and bribing a witness.
493
00:29:29,786 --> 00:29:32,103
Defendants, how do you plead?
494
00:29:32,163 --> 00:29:35,587
Mr. Rivers pleads not guilty.
Mr. Keyes pleads not guilty.
495
00:29:35,644 --> 00:29:38,258
I thought Mr. Wills
was representing Mr. Keyes?
496
00:29:38,321 --> 00:29:40,365
Not anymore. I'm Mr. Keyes's
attorney now, Your Honor.
497
00:29:40,430 --> 00:29:43,387
Mr. Wills, I assume
you're here for a reason.
498
00:29:43,443 --> 00:29:46,731
I'm representing Mr. Duggan,
who pleads not guilty, Your Honor.
499
00:29:46,791 --> 00:29:50,340
People on bail?
The police found a duffel bag and
a train ticket in Mr. Duggan's apartment.
500
00:29:50,406 --> 00:29:53,796
- He was going to visit his aunt.
- Not today
501
00:29:53,853 --> 00:29:57,540
- Defendants are remanded.
- Your Honor, because of the nature of these crimes,
502
00:29:57,604 --> 00:29:59,556
we're going to request a lockdown.
503
00:29:59,611 --> 00:30:01,655
I need to make a sealed record
before you in support of that.
504
00:30:01,721 --> 00:30:05,202
Your Honor, is that really necessary?
Apparently so, Miss Xiao.
505
00:30:05,268 --> 00:30:08,191
I'll hear from the People, ex parte.
506
00:30:10,892 --> 00:30:14,112
You will hear how these
three defendants,
507
00:30:14,173 --> 00:30:18,933
Ronald Duggan,
Foster Keyes and Calvin Rivers,
508
00:30:18,994 --> 00:30:22,349
murdered Jimmy Gordon.
509
00:30:22,408 --> 00:30:28,309
You will hear how Ronald Duggan,
known on the street as “Slug,”
510
00:30:28,367 --> 00:30:32,191
arranged to have
the State's star witness...
511
00:30:32,249 --> 00:30:37,112
in the murder trial of his cousin,
Foster Keyes, killed.
512
00:30:37,170 --> 00:30:40,161
In order to accomplish this,
513
00:30:40,216 --> 00:30:44,542
he enlisted the third defendant,
Calvin Rivers,
514
00:30:44,601 --> 00:30:46,553
to pull the trigger.
515
00:30:48,986 --> 00:30:51,304
Their plan worked.
516
00:30:51,363 --> 00:30:54,912
Jimmy Gordon was murdered
before he could finish testifying,
517
00:30:54,979 --> 00:30:57,901
and the charges against
Foster Keyes were dismissed
518
00:30:57,958 --> 00:31:02,719
This is a crime,
the murder of a witness,
519
00:31:02,778 --> 00:31:06,362
that threatens the foundation
of our judicial process.
520
00:31:06,427 --> 00:31:11,620
A crime so heinous it is punishable
by death in the State of New York.
521
00:31:12,820 --> 00:31:17,306
Make no mistake.
All three men are guilty of this crime,
522
00:31:17,373 --> 00:31:20,158
which tears at the very fabric
of our civil society...
523
00:31:20,218 --> 00:31:23,334
and our system of laws.
524
00:31:23,398 --> 00:31:26,412
But Ronald Duggan...
525
00:31:26,478 --> 00:31:28,431
Slug...
526
00:31:28,487 --> 00:31:31,569
is the man behind this murder.
527
00:31:34,813 --> 00:31:40,714
A man who cast
a pall of fear and violence
over an entire neighborhood.
528
00:31:40,772 --> 00:31:44,790
You will hear how
he has bribed witnesses,
529
00:31:44,856 --> 00:31:47,275
intimidated them...
530
00:31:47,334 --> 00:31:49,445
and finally killed them...
531
00:31:49,509 --> 00:31:54,131
in furtherance
of his criminal activities.
532
00:31:54,196 --> 00:31:59,458
It's up to you
to end his reign of terror.
533
00:32:07,251 --> 00:32:11,406
Ms.
Rosario, when were you first approached about the murder of Henry Ware?
534
00:32:11,468 --> 00:32:15,087
A few weeks before I was supposed
to testify before the grand jury.
535
00:32:15,150 --> 00:32:17,399
Against Foster Keyes?
Yes.
536
00:32:17,460 --> 00:32:20,542
Did you recognize the man
who approached you?
537
00:32:22,415 --> 00:32:24,732
No. I'd never seen him before.
538
00:32:24,791 --> 00:32:27,474
What did he say?
Said he had a message.
539
00:32:27,536 --> 00:32:30,321
Said somebody was
gonna come talk to me
and give me some money.
540
00:32:30,381 --> 00:32:34,102
Did that in fact happen?
Yes.
541
00:32:34,164 --> 00:32:39,654
Did you recognize this second person
who approached you?
542
00:32:39,721 --> 00:32:42,072
- No.
- What did he say to you?
543
00:32:42,131 --> 00:32:45,681
He started asking me
about Bigboy's shooting,
asking me what I saw.
544
00:32:45,746 --> 00:32:48,497
Did you tell him?
I tried to,
545
00:32:48,558 --> 00:32:51,674
but every time I said something
about seeing the shooter
with the weird eye,
546
00:32:51,738 --> 00:32:54,489
he said I was wrong,
said I must've made a mistake.
547
00:32:54,550 --> 00:33:00,247
He said you were mistaken
about your identification
of the man who shot Henry Ware?
548
00:33:00,308 --> 00:33:02,294
Said I picked the wrong man
out of the lineup.
549
00:33:02,349 --> 00:33:04,769
He said I should tell the police
I didn't see who did it.
550
00:33:04,826 --> 00:33:08,114
Do you see the man
who intimidated you
in the courtroom?
551
00:33:08,174 --> 00:33:12,969
Objection, Your Honor.
I never heard the witness say
she was intimidated.
552
00:33:13,028 --> 00:33:14,980
Rephrase, Mr. McCoy.
553
00:33:15,036 --> 00:33:20,127
Do you see the man who talked to you
about Bigboy's murder,
554
00:33:20,192 --> 00:33:24,713
the man who said you were mistaken
when you identified Foster Keyes...
555
00:33:24,778 --> 00:33:28,533
as the person who shot Henry Ware?
556
00:33:30,971 --> 00:33:33,049
Ms. Rosario,
557
00:33:33,113 --> 00:33:36,297
do you see the person
who approached you?
558
00:33:38,737 --> 00:33:41,054
I'm not sure.
559
00:33:42,486 --> 00:33:44,472
My chambers. Now.
560
00:33:47,708 --> 00:33:52,331
Ms. Rosario, can you identify
one of the defendants as the man
who approached you or not?
561
00:33:55,273 --> 00:33:57,226
This morning I got a call on my cell.
562
00:33:57,282 --> 00:33:59,896
What kind of a call?
A threat
563
00:33:59,959 --> 00:34:02,710
He said I was gonna die.
564
00:34:02,771 --> 00:34:05,488
Shayna, why didn't you tell us?
565
00:34:05,549 --> 00:34:10,172
Because if I thought about it,
I knew I couldn't go through with this.
566
00:34:17,166 --> 00:34:19,814
And then when I saw Slug
sitting next to Mr. Wills, I just--
567
00:34:19,877 --> 00:34:22,924
I don't understand, Ms. Rosario.
What has Mr. Wills got to do with this?
568
00:34:26,906 --> 00:34:29,623
Mr. Willis, please step back
in the courtroom.
Your Honor...
569
00:34:29,685 --> 00:34:32,037
Now! Take your colleagues with you.
570
00:34:42,974 --> 00:34:44,926
What's this about?
571
00:34:46,455 --> 00:34:48,909
Slug was the one who talked to me
about Bigboy's murder.
572
00:34:48,966 --> 00:34:51,250
Mr. Duggan.
Right.
573
00:34:51,310 --> 00:34:54,358
And the last time I saw him,
he took me to see Mr. Wills.
574
00:34:56,665 --> 00:34:59,781
Let me see if I understand this.
Mr. Duggan took you to see Mr. Wills...
575
00:34:59,845 --> 00:35:03,030
while Mr. Wills was representing
Mr. Keyes for murder.
576
00:35:03,093 --> 00:35:05,981
- Yes.
- Your Honor...
577
00:35:06,038 --> 00:35:08,219
Let's go join Mr. Willis
in the courtroom, Mr. McCoy.
578
00:35:08,282 --> 00:35:10,496
What do you say?
I want this on the record.
579
00:35:10,557 --> 00:35:12,566
So do I.
580
00:35:15,545 --> 00:35:19,404
A witness came to me
and recanted. It happens.
581
00:35:19,462 --> 00:35:23,548
Slug was sitting next to her,
telling her what to say.
What did you think was going on?
582
00:35:23,613 --> 00:35:28,099
I don't know who I'm more
appalled by right now, Mr. Wills,
you or your clients.
583
00:35:28,165 --> 00:35:31,087
I know who I'm more appalled by.
He said he was a friend of hers,
584
00:35:31,144 --> 00:35:35,973
supporting her while she came forward
to say that she had made a mistake.
585
00:35:36,032 --> 00:35:37,985
He was not intimidating her.
586
00:35:38,041 --> 00:35:42,230
Mr. Wills, if you were complicit
in any sort of witness intimidation...
587
00:35:42,291 --> 00:35:44,506
Absolutely not, Your Honor!
588
00:35:44,568 --> 00:35:48,586
And I will stake my professional
reputation of 22 years on it!
589
00:35:48,652 --> 00:35:51,072
Whatever that's worth!
590
00:35:51,129 --> 00:35:54,451
I intend to question Ms. Rosario
about this meeting...
591
00:35:54,510 --> 00:35:57,466
and about why she didn't identify
the defendant on the stand!
592
00:35:57,523 --> 00:36:00,844
If he is talking about this morning?
alleged threatening phone call,
593
00:36:00,903 --> 00:36:03,323
he can't prove that it came
from any of the defendants.
594
00:36:03,380 --> 00:36:07,067
In fact, seeing as they were in lockdown
it would be impossible!
595
00:36:07,130 --> 00:36:11,353
Let's not be naive!
It's obvious where the call came from!
596
00:36:11,414 --> 00:36:13,868
I'll give you a day, Mr. McCoy.
597
00:36:13,925 --> 00:36:17,407
If you can prove that the call
originated from the witnesses
or anyone acting on their behalf,
598
00:36:17,474 --> 00:36:19,722
you can question the witness about it
tomorrow on the stand.
599
00:36:19,783 --> 00:36:21,736
If not...
600
00:36:21,792 --> 00:36:23,744
Let's just hope she isn't dead by then.
601
00:36:23,800 --> 00:36:25,250
Excuse me?
602
00:36:28,085 --> 00:36:30,094
That's what I thought.
603
00:36:31,599 --> 00:36:33,552
At least he didn't
charge you with contempt.
604
00:36:33,608 --> 00:36:36,724
He knows my contempt is for Wills
and his clients, not the court.
605
00:36:36,788 --> 00:36:39,072
What about the girl?
Will she be ready to testify?
606
00:36:39,132 --> 00:36:42,054
I'm gonna meet with her in the morning
and go over everything one last time.
607
00:36:42,110 --> 00:36:45,569
And the phone call?
The police traced it
to a disposable cell phone.
608
00:36:45,626 --> 00:36:48,845
Well, so much for lockdown.
609
00:36:48,906 --> 00:36:50,950
And they bribed the guard?
Probably.
610
00:36:51,015 --> 00:36:53,630
Which means we can't prove
the defendants made the call.
611
00:36:53,693 --> 00:36:56,912
Not before tomorrow anyway.
The jury won't hear about the threat.
612
00:36:56,973 --> 00:37:00,900
Even with Shayna's testimony,
Slug's insulated himself from Rivers.
613
00:37:00,957 --> 00:37:05,478
If we're not careful,
Rivers will end up taking the load
for Slug and Keyes.
614
00:37:05,543 --> 00:37:07,826
I'm sure that's exactly
what they have in mind.
615
00:37:07,887 --> 00:37:11,676
You'll have to remind the jury
that Slug's calling the shots.
616
00:37:15,184 --> 00:37:20,047
Yesterday you started
to tell us about a man who talked to you
about the murder of Henry Ware.
617
00:37:20,105 --> 00:37:22,183
Do you see him here today?
618
00:37:22,247 --> 00:37:24,633
That's him. Slug.
619
00:37:24,691 --> 00:37:26,837
The co-defendant, Ronald Duggan.
620
00:37:26,900 --> 00:37:31,260
Between the time
you identified Foster Keyes
as the shooter to the police...
621
00:37:31,318 --> 00:37:34,868
and when you decided not to testify
before the grand jury,
622
00:37:34,934 --> 00:37:37,582
how many times did Mr. Duggan
come to see you?
623
00:37:37,645 --> 00:37:39,598
Five, maybe six.
624
00:37:39,654 --> 00:37:41,834
Yesterday you mentioned money
625
00:37:41,896 --> 00:37:43,849
It was always the same deal.
626
00:37:43,905 --> 00:37:46,393
Slug would come up to me
on the street, act all friendly.
627
00:37:46,449 --> 00:37:49,565
He'd talk to me about Bigboy's shooting,
and then he'd walk away.
628
00:37:49,629 --> 00:37:53,556
And when I got home,
there'd be money in the mailbox
or under my door.
629
00:37:53,613 --> 00:37:58,578
- How much money?
- In all, almost $3,000.
630
00:38:00,007 --> 00:38:02,392
Ms. Rosario,
631
00:38:02,450 --> 00:38:06,775
yesterday you failed to identify
Mr. Duggan.
632
00:38:06,835 --> 00:38:11,024
When I saw Slug sitting with Mr. Wills,
it startled me.
633
00:38:11,086 --> 00:38:13,039
You know, took me back.
634
00:38:13,095 --> 00:38:16,143
Why?
I met Mr. Wills before.
635
00:38:16,208 --> 00:38:20,397
Under what circumstances?
Slug took me to his office.
636
00:38:20,460 --> 00:38:23,210
I told Mr. Wills
what Slug wanted me to say...
637
00:38:23,271 --> 00:38:26,318
that I didn't see who shot Bigboy
and that I made a mistake...
638
00:38:26,384 --> 00:38:28,632
when I picked his cousin
out of the lineup.
639
00:38:28,694 --> 00:38:31,685
Were you scared?
640
00:38:31,740 --> 00:38:33,748
I felt like I was trapped.
641
00:38:33,816 --> 00:38:37,800
I didn't want to lie to Mr. Wills,
but Slug was sitting right there.
642
00:38:37,866 --> 00:38:42,523
So yesterday when I asked you to identify
the man who approached you...
643
00:38:42,586 --> 00:38:44,972
It was partly seeing them together.
644
00:38:45,030 --> 00:38:50,395
But mostly it was the way
Slug looked at me,
645
00:38:50,452 --> 00:38:53,101
like I was already dead.
646
00:39:01,198 --> 00:39:06,163
I don't think anyone's ever accused me
of being scary before, Ms. Rosario.
647
00:39:07,559 --> 00:39:10,275
Are you sure you were scared
when you were in my office that day?
648
00:39:10,336 --> 00:39:14,354
You didn't seem scared.
I was scared of Slug.
649
00:39:14,421 --> 00:39:19,911
Did Mr. Duggan ever say
he was going to hurt you?
He didn't have to.
650
00:39:19,978 --> 00:39:23,368
I knew what it meant when he
asked me to change what I saw
and then gave me money.
651
00:39:23,425 --> 00:39:27,351
He gave you the money personally?
652
00:39:27,409 --> 00:39:30,867
No.
Then how do you know
where it came from?
653
00:39:30,924 --> 00:39:34,439
I just knew. It was obvious.
654
00:39:34,505 --> 00:39:38,695
One time he said I was pretty,
said pretty girls needed pretty things.
655
00:39:38,756 --> 00:39:41,473
Another time he said he heard
my uncle was in the hospital,
656
00:39:41,535 --> 00:39:43,487
and he knew that
it would cost a lot of money.
657
00:39:43,544 --> 00:39:46,260
He always said stuff like that.
658
00:39:46,322 --> 00:39:49,940
And every time after I talked to him
somebody left me money.
659
00:39:50,004 --> 00:39:52,995
Did you ever see who left the money?
660
00:39:53,050 --> 00:39:58,015
No, but I knew it was him because
he was asking me all the time
about Bigboy's shooting
661
00:39:58,071 --> 00:40:01,690
telling me I didn't see what I saw.
Doesn't it make sense
that he'd want to know...
662
00:40:01,753 --> 00:40:04,835
why his cousin
was being falsely accused?
663
00:40:04,900 --> 00:40:08,382
It wasn't false.
I saw Foster Keyes shoot Bigboy.
664
00:40:08,448 --> 00:40:10,800
That is not what you
told me in my office.
665
00:40:10,859 --> 00:40:12,867
Slug wanted me to say that.
666
00:40:17,587 --> 00:40:19,939
He was friendly.
667
00:40:19,997 --> 00:40:25,191
He never... harmed you
or threatened to harm you?
668
00:40:27,528 --> 00:40:32,049
No, but Jimmy Gordon's dead, isn't he?
Yes.
669
00:40:34,324 --> 00:40:39,153
But Calvin Rivers's fingerprints
are on that gun, not Mr. Duggan's.
670
00:40:55,380 --> 00:40:58,029
Have you reached a verdict?
We have, Your Honor.
671
00:40:58,091 --> 00:41:01,082
On the first count of the indictment,
murder in the first degree,
672
00:41:01,138 --> 00:41:04,152
as to the defendant, Calvin Jacob Rivers,
how do you find?
673
00:41:04,217 --> 00:41:06,899
We find the defendant guilty.
674
00:41:06,962 --> 00:41:09,541
On the first count of the indictment,
murder in the first degree,
675
00:41:09,606 --> 00:41:12,790
as to the defendant, Foster Keyes,
how do you find?
676
00:41:12,854 --> 00:41:15,342
We find the defendant not guilty
677
00:41:15,398 --> 00:41:17,784
On the first count of the indictment,
murder in the first degree,
678
00:41:17,842 --> 00:41:20,559
as to the defendant Ronald Duggan,
how do you find?
679
00:41:20,620 --> 00:41:23,770
We find the defendant not guilty
680
00:41:23,833 --> 00:41:26,185
On the counts of intimidating a witness
and bribing a witness,
681
00:41:26,244 --> 00:41:29,235
as to the defendant, Ronald Duggan,
how do you find?
682
00:41:29,290 --> 00:41:33,274
We find the defendant,
Ronald Duggan, not guilty.