1 00:00:06,375 --> 00:00:08,327 In the criminal justice system, 2 00:00:08,383 --> 00:00:12,104 the people are represented by two separate yet equally important groups- 3 00:00:12,166 --> 00:00:14,119 the police, who investigate crime, 4 00:00:14,175 --> 00:00:16,754 and the district attorneys, who prosecute the offenders. 5 00:00:16,819 --> 00:00:18,772 These are their stories. 6 00:00:19,832 --> 00:00:22,343 I feel stupid takin' him back. Everybody knows I dumped him. 7 00:00:22,409 --> 00:00:24,761 It's embarrassin' I mean, me and Tommy got back together. 8 00:00:24,819 --> 00:00:26,772 I know. I'm sorry, Chantal. I didn't mean you guys. 9 00:00:34,058 --> 00:00:36,809 Neighborhood kid. Henry Ware, 19. 10 00:00:36,870 --> 00:00:41,094 Shot twice in the chest. Wallet, keys... and this in his pockets. 11 00:00:41,155 --> 00:00:43,734 Coke? Looks like. Good luck. 12 00:00:43,799 --> 00:00:46,448 We'll let you know how it turns out. Meantime, voucher that. 13 00:00:46,511 --> 00:00:48,498 Hey, are those the witnesses? 14 00:00:48,553 --> 00:00:51,737 The ones that stuck around. Friends of the deceased. 15 00:00:51,800 --> 00:00:55,020 Hey, uh, you want to tell us what happened over here? 16 00:00:55,081 --> 00:00:59,670 Man, I don't know. We were just sittin' here, talkin' with Bigboy. 17 00:00:59,734 --> 00:01:02,850 Bigboy? That's what we call Henry. 18 00:01:02,913 --> 00:01:05,231 Anyway, we were just chillin' you know? 19 00:01:05,290 --> 00:01:07,710 Dude rides up outta nowhere, fires off a couple. 20 00:01:07,768 --> 00:01:11,660 - The dude say anything to Bigboy? - Yeah, like, "Keep your hands off the goods.” 21 00:01:11,718 --> 00:01:15,336 Something like that. And then what happened? 22 00:01:15,399 --> 00:01:19,189 Then we were screamin' and stuff, and we couldn't believe it. 23 00:01:19,249 --> 00:01:21,395 Henry just grabs his chest and falls down. 24 00:01:21,459 --> 00:01:24,004 What about the shooter? Rode off that way. 25 00:01:24,069 --> 00:01:28,225 You think they knew each other? I don't know. Never seen him before. 26 00:01:28,287 --> 00:01:30,570 - What'd he look like? - Kinda dark-skinned 27 00:01:30,631 --> 00:01:34,215 About our age. Older, maybe. Twenty, twenty-one. 28 00:01:34,279 --> 00:01:36,391 Anything else? 29 00:01:37,460 --> 00:01:41,009 What? What's wrong? He had, like, a weird eye. 30 00:01:41,074 --> 00:01:43,791 A weird eye? Somethin' wrong with it. His right eye. 31 00:01:43,853 --> 00:01:46,502 It was all white. White? 32 00:01:46,565 --> 00:01:48,951 Messed up. Kinda milky-looking. 33 00:01:49,008 --> 00:01:52,992 - You got any idea what this was about? - No idea. 34 00:01:53,059 --> 00:01:55,342 - What about drugs? Was he dealing? - Dealing? 35 00:01:55,401 --> 00:01:58,221 Nah. Noway. 36 00:01:58,281 --> 00:02:01,237 Detectives? We got something here. 37 00:02:01,293 --> 00:02:05,049 All right. Stick around and give your numbers to the sergeant, all right? 38 00:02:05,110 --> 00:02:07,187 We gotta make sure these kids are on the level. 39 00:02:07,252 --> 00:02:10,140 I mean, if he was dealing, this is an ordinary drug killing. 40 00:02:10,197 --> 00:02:12,377 I got a C.I. in this neighborhood we could talk to. 41 00:02:12,440 --> 00:02:14,393 Yeah, we got some pretty good tire tracks here. 42 00:02:14,449 --> 00:02:17,097 Yeah. That's where the witnesses said the shooter rode off that way. 43 00:02:17,161 --> 00:02:20,516 Well, we can take pictures, make a cast. Maybe we'll get something. 44 00:02:20,575 --> 00:02:22,527 All right, cool. Thanks. Okay. 45 00:02:22,583 --> 00:02:24,729 We might as well start canvassing the neighborhood. 46 00:02:24,792 --> 00:02:28,581 See if anybody saw a kid on a bike? That oughta narrow it down. 47 00:03:16,477 --> 00:03:19,125 Sorry I never seen a dude with a weird eye... 48 00:03:19,189 --> 00:03:21,905 sellin' coke or smack or anything else around here. 49 00:03:21,968 --> 00:03:24,650 What about this guy? 50 00:03:24,713 --> 00:03:26,665 Fat kid. I seen him around. 51 00:03:26,721 --> 00:03:29,905 Wait. Uh, Bigboy. That's what they call him. 52 00:03:29,967 --> 00:03:32,387 Yeah. But he's small time, nickel and dime. 53 00:03:32,444 --> 00:03:34,453 You're right. He was dealing. 54 00:03:34,520 --> 00:03:37,099 I guess his friends were just trying to protect his good name. 55 00:03:37,165 --> 00:03:40,384 Hey, any idea who'd wanna take him out? 56 00:03:40,445 --> 00:03:43,298 Like I said, that dude was small time. 57 00:03:43,358 --> 00:03:47,513 “Keep your hands off the goods." Maybe Bigboy was stepping on somebody else's turf. 58 00:03:47,575 --> 00:03:51,901 You know who controls the corner where he got shot? 59 00:03:51,960 --> 00:03:54,814 Bigboy never sold nothing, all right? Kid was strictly a mule. 60 00:03:54,873 --> 00:03:56,859 We heard he was selling a little on the side. 61 00:03:56,914 --> 00:04:00,168 Nickels and dimes. His friends said he liked a little taste too, now and then, 62 00:04:00,229 --> 00:04:02,181 so maybe he was dipping into your goods. 63 00:04:02,238 --> 00:04:05,160 Listen, I caught Bigboy skimmin' on my stuff, 64 00:04:05,216 --> 00:04:07,761 you think I would have some mook on a bicycle take him out? 65 00:04:07,828 --> 00:04:11,252 I'll slap him up and down the street myself, make an example out of him. 66 00:04:11,309 --> 00:04:14,391 And what about the shooter? Don't know no black kid with a bad eye. 67 00:04:14,455 --> 00:04:17,913 If we find out you were ever even on the same subway car with him, 68 00:04:17,970 --> 00:04:21,760 - you're gonna wish you never dropped out of high school. - I look worried to you? 69 00:04:23,661 --> 00:04:25,613 You wanna keep working this drug angle? 70 00:04:25,669 --> 00:04:27,621 Much as I love mingling with the lower crust, 71 00:04:27,678 --> 00:04:32,004 why don't we find out if the lab's got anything on those bike tracks? All right. 72 00:04:32,063 --> 00:04:34,916 These don't look at all alike. How can you be sure they're from the same bike? 73 00:04:34,975 --> 00:04:36,927 You know, I thought the same thing, too, 74 00:04:36,984 --> 00:04:40,842 but after comparing mold offset, sipe pattern and center rib appearance-- 75 00:04:40,900 --> 00:04:45,364 You passed out from boredom? I determined that they're both Sinclair Cool J's. 76 00:04:45,420 --> 00:04:48,342 The only difference between the two tracks is tread wear. 77 00:04:48,398 --> 00:04:50,351 So one tire's less worn than the other. 78 00:04:50,407 --> 00:04:52,553 Not less worn. Brand-new. 79 00:04:52,616 --> 00:04:54,864 Being as how you're such a cycling enthusiast, 80 00:04:54,927 --> 00:04:58,282 would you happen to have a list of all the places that sell these things? 81 00:05:01,956 --> 00:05:04,467 Milky, kinda cloudy? Right. 82 00:05:04,534 --> 00:05:07,923 So, was he in here or not? Kid said it was glass. 83 00:05:07,982 --> 00:05:10,733 You know what? I had a neighbor that had a glass eye. 84 00:05:10,794 --> 00:05:14,343 If you looked at it in the right light it was white. Did you sell this kid a tire? 85 00:05:14,408 --> 00:05:18,460 A Sinclair Cool J. And while I'm taking it off the hook, 86 00:05:18,526 --> 00:05:22,075 he tries to stuff a couple of Shimano pedals under his jacket. 87 00:05:22,141 --> 00:05:27,906 I told him if he ever came back, I'd stick a Kooka crank right up his you-know-what. 88 00:05:27,966 --> 00:05:30,352 When was this? Three, four weeks ago. 89 00:05:30,409 --> 00:05:32,361 I don't suppose he used a credit card. 90 00:05:32,417 --> 00:05:36,310 Now, that's funny. 91 00:05:36,368 --> 00:05:41,059 On the other hand, how many black males, 16 to 25, have a glass eye? 92 00:05:41,122 --> 00:05:43,575 These days, they're mostly acrylic plastic. 93 00:05:43,632 --> 00:05:45,812 Same as everything else. Glass eyes aren't glass. 94 00:05:45,875 --> 00:05:49,094 They still have to be maintained. Maintained? 95 00:05:49,155 --> 00:05:53,014 Well, you see, the eye's natural fluid eats away at the artificial eyeball. 96 00:05:53,072 --> 00:05:57,763 Now, this guy's eye is white, kinda milky. Oh, yeah. That can happen... 97 00:05:57,825 --> 00:06:01,045 if you try to clean it yourself with rubbing alcohol, for example. 98 00:06:01,106 --> 00:06:05,124 - What kind of records do you keep? name, age. 99 00:06:05,189 --> 00:06:07,734 Race? No, but we file by eye color. 100 00:06:07,801 --> 00:06:11,385 Okay, brown-eyed patients, 16 to 25. How many are we talking about? 101 00:06:11,449 --> 00:06:13,595 Here we go. 102 00:06:13,658 --> 00:06:17,882 Uh, about 400-plus patients in that category. 103 00:06:17,943 --> 00:06:20,192 Oh, God, I really thought this was gonna be a whole lot easier. 104 00:06:20,253 --> 00:06:24,077 Now, this guy probably didn't have insurance. You take those kind of cases? 105 00:06:24,136 --> 00:06:26,887 Oh, Medicaid? Sure. 106 00:06:26,948 --> 00:06:29,767 Um, how's 50 or so sound? 107 00:06:32,271 --> 00:06:37,065 Prison guards don't talk to as many felons as we have today. 108 00:06:37,124 --> 00:06:39,977 That's what you get for being so brilliant. 109 00:06:41,844 --> 00:06:44,835 Yeah? We're looking for Foster Keyes. 110 00:06:44,890 --> 00:06:47,310 He ain't in right now. Who are you? 111 00:06:47,367 --> 00:06:49,479 I'm his cousin, man. What's this all about? 112 00:06:49,543 --> 00:06:52,396 A shooting. What you tryin' to say, Foster shot somebody? 113 00:06:52,456 --> 00:06:55,104 We think maybe that he saw something. 114 00:06:55,167 --> 00:06:58,455 Hmm. You got a card or something? I'll give it to him when I see him. 115 00:06:58,515 --> 00:07:01,631 You happen to know where he is now? 116 00:07:01,694 --> 00:07:03,978 I'll tell him to give you a holler. Yeah, you do that. 117 00:07:04,038 --> 00:07:06,549 Mm-hmm. 118 00:07:06,615 --> 00:07:08,568 You check out the prison tats on that dude? 119 00:07:08,624 --> 00:07:10,770 If Keyes is our man, Cousin Helpful here... 120 00:07:10,833 --> 00:07:14,588 is gonna tip him off faster than you can say "aiding and abetting." 121 00:07:14,649 --> 00:07:18,107 Yo. Hey, uh, what's up? Y'all know Foster Keyes? 122 00:07:19,403 --> 00:07:22,553 Look, we already know where he lives. We just wanna know where he hangs out. 123 00:07:22,617 --> 00:07:25,334 I hear he got a new girl. 124 00:07:25,395 --> 00:07:29,379 You crazy? I ain't afraid of him. I hate that punk. 125 00:07:29,445 --> 00:07:32,436 Other day I was sitting right outside on the stoop, wasn't bothering nobody. 126 00:07:32,492 --> 00:07:34,500 Fos, he come up and jack my Game Boy. 127 00:07:34,566 --> 00:07:39,429 - You know the girl's name? - No, but I seen her hanging out at the projects on 168th. 128 00:07:39,487 --> 00:07:41,440 Yo, am I gonna get my Game Boy back? 129 00:07:41,496 --> 00:07:44,178 We'll do our best. 130 00:07:44,241 --> 00:07:46,660 Later, y'all. 131 00:07:46,719 --> 00:07:50,109 I been here six years. Believe me, if he lived here, I'd know. 132 00:07:50,166 --> 00:07:52,620 Not him.We think his girlfriend lives here. 133 00:07:54,217 --> 00:07:58,144 Who is it? It's the police. Can you open up? I just need to ask you a question. 134 00:07:58,200 --> 00:08:00,186 Hold on. 135 00:08:04,259 --> 00:08:06,577 Lennie. Thanks anyway. Never mind. 136 00:08:10,887 --> 00:08:13,033 It's the police! Open the door! 137 00:08:17,280 --> 00:08:19,997 - What's goin' on? - Where is he? 138 00:08:20,059 --> 00:08:23,415 - Who? I'm the only one here. - I heard voices. Your boyfriend. 139 00:08:23,473 --> 00:08:26,727 - Boyfriend? I ain't got no boyfriend. - Foster Keyes! Where is he? 140 00:08:26,787 --> 00:08:30,075 Kitchen's clear. Is that the bedroom? 141 00:08:30,135 --> 00:08:33,354 How long you known Foster? 142 00:08:33,415 --> 00:08:37,308 - Ed! - Stay right here. 143 00:08:47,542 --> 00:08:50,556 I ain't do nothing. Good Then you can come out of the closet. 144 00:08:57,617 --> 00:09:02,811 The witnesses are waiting outside. Yo-ho-ho and a bottle of rum. What's up with the pirates? 145 00:09:02,873 --> 00:09:05,955 The witnesses said the shooter had a weird eye. 146 00:09:06,019 --> 00:09:09,010 I figured this would rule out a bad I.D. 147 00:09:09,066 --> 00:09:12,616 Oh, hey, y'all. This is Shayna. Shayna, this is Lieutenant Van Buren. 148 00:09:12,681 --> 00:09:16,071 Hey, Shayna. They can't see me, right? 149 00:09:16,129 --> 00:09:20,147 Not even with two eyes. just take your time. 150 00:09:21,518 --> 00:09:23,471 He wasn't wearing a patch when I saw him. 151 00:09:23,527 --> 00:09:28,687 We know. Take a good look. You see the shooter? 152 00:09:33,770 --> 00:09:36,989 Number three. You sure? 153 00:09:37,051 --> 00:09:39,973 That's the one. He shot Bigboy. 154 00:09:40,030 --> 00:09:42,781 I don't even need to see his bad eye. That's him. 155 00:09:42,841 --> 00:09:45,125 You'd be willing to say that in court? 156 00:09:45,185 --> 00:09:47,902 It's the truth. 157 00:09:50,674 --> 00:09:54,259 - It wasn't me. - Two witnesses saw you pull the trigger. 158 00:09:54,323 --> 00:09:57,040 What were they, hallucinating? Maybe they're trying to frame me up. 159 00:09:57,102 --> 00:10:00,560 Now, why would they do that? I don't know. A mistaken identity? 160 00:10:00,617 --> 00:10:03,070 Yeah, right. 161 00:10:03,128 --> 00:10:05,981 So where were you that day, around 3:30 in the afternoon? 162 00:10:06,040 --> 00:10:07,992 Hanging with my boys. Hanging out where? 163 00:10:08,049 --> 00:10:10,799 La Guardia Houses. That's 150th Street. 164 00:10:10,860 --> 00:10:12,812 Yeah. The whole time? 165 00:10:12,868 --> 00:10:15,048 All day, all night. Till midnight almost. 166 00:10:15,111 --> 00:10:17,565 You were there the whole time? You didn't go anywhere? 167 00:10:17,621 --> 00:10:19,870 No. 168 00:10:19,932 --> 00:10:22,820 Okay. 169 00:10:22,877 --> 00:10:27,067 So who was riding your bike 20 blocks away, hmm? 170 00:10:27,129 --> 00:10:29,081 I don't know. 171 00:10:29,138 --> 00:10:32,722 Foster, you can't be two places at once. 172 00:10:32,786 --> 00:10:36,108 See, we got a scientist who can prove 100% beyond a reasonable doubt... 173 00:10:36,167 --> 00:10:38,678 that your bike made the tracks that we found at the crime scene. 174 00:10:38,745 --> 00:10:42,066 And whoever was riding that bike shot and killed Bigboy. 175 00:10:42,125 --> 00:10:44,078 And since we got two witnesses that saw you... 176 00:10:44,134 --> 00:10:46,246 Whoa, whoa, whoa, whoa. And unless you can prove it wasn't you... 177 00:10:46,310 --> 00:10:48,662 Well, how am I supposed to do that? 178 00:10:48,720 --> 00:10:51,573 You're going down. Murder two. That ain't right. 179 00:10:51,632 --> 00:10:54,052 I can't help it if somebody took my bike! Then help us out here, man. 180 00:10:54,109 --> 00:10:56,187 Maybe we can help you get out from under this. 181 00:10:56,252 --> 00:11:00,407 Mr. Keyes's attorney, Gerard Wills. 182 00:11:02,210 --> 00:11:06,262 Foster thanks you for the hot coffee but the interview's over, Detectives. 183 00:11:13,793 --> 00:11:15,939 I heard about your charade of a lineup. 184 00:11:16,002 --> 00:11:18,821 Two eyewitnesses identified Mr. Keyes as the shooter. 185 00:11:18,880 --> 00:11:21,802 How do you know they didn't see some guy with an eye patch pull the trigger? 186 00:11:21,860 --> 00:11:26,825 Mr. Wills, their initial I.D.'s said nothing about an eye patch. 187 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? 188 00:11:30,797 --> 00:11:33,982 Argue misidentification until you're blue, Mr. Willis. 189 00:11:34,045 --> 00:11:37,036 Do you really think that a jury's going to believe your client with his record... 190 00:11:37,091 --> 00:11:39,134 over two eyewitnesses who are solid citizens? 191 00:11:39,200 --> 00:11:43,994 Nobody else saw Mr. Keyes allegedly in the park when Mr. Ware got shot. 192 00:11:44,053 --> 00:11:47,808 We got forensic evidence puts your client's bicycle at the scene. 193 00:11:47,870 --> 00:11:49,981 Junk science. Those tracks could have been made any time that day. 194 00:11:50,046 --> 00:11:52,226 We found drugs on the dead boy, 195 00:11:52,288 --> 00:11:55,906 and your client has a well-documented history of dealing in narcotics. 196 00:11:55,971 --> 00:12:01,301 Not in that neighborhood He never sold or bought drugs from Henry Ware. 197 00:12:01,360 --> 00:12:04,979 Sounds like your two eyewitnesses are your whole case. 198 00:12:06,113 --> 00:12:08,796 Tell your client that he would be smart to plead this one out. 199 00:12:08,858 --> 00:12:12,408 I'll convey your offer, Miss Southerlyn. 200 00:12:12,474 --> 00:12:14,426 Don't hold your breath. 201 00:12:15,687 --> 00:12:19,843 We think this was about drugs. Some sort of dispute over territory, customers. 202 00:12:19,905 --> 00:12:23,089 We're still working it. How good are your eyewitnesses? 203 00:12:23,151 --> 00:12:25,800 Jimmy Gordon's got a steady job and the other one, Shayna Rosario, 204 00:12:25,863 --> 00:12:28,580 is going part-time to Lower Manhattan Community College. 205 00:12:28,642 --> 00:12:32,660 What about forensics? We never found the gun. We have the bike tracks. 206 00:12:32,725 --> 00:12:35,544 But Wills is right. It really rests on these witnesses. 207 00:12:35,604 --> 00:12:39,394 Teenagers. You never know how they'll hold up in court. 208 00:12:39,454 --> 00:12:41,840 Better shore up the drug angle. 209 00:12:45,144 --> 00:12:47,496 I knew something like this would happen sooner or later. 210 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. 211 00:12:51,705 --> 00:12:56,328 But you know kids. They think they bulletproof. 212 00:12:56,393 --> 00:12:58,710 They think they gonna live forever. 213 00:13:00,476 --> 00:13:02,462 Do you know if your brother ever bought or sold drugs... 214 00:13:02,518 --> 00:13:05,303 up at the 168th Street projects? I don't. 215 00:13:05,363 --> 00:13:09,827 Sorry. It's not like he would've told me if he did. 216 00:13:09,882 --> 00:13:13,272 As far as I know, he didn't know anybody up there. Why? 217 00:13:13,330 --> 00:13:16,183 It's where the police found Keyes. Keyes? 218 00:13:16,243 --> 00:13:19,564 Foster Keyes. The man charged with Henry's murder. 219 00:13:23,473 --> 00:13:26,589 He was staying with some girl. Jannette Richards? 220 00:13:26,653 --> 00:13:30,009 Jannette? 221 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.