1 00:00:01,261 --> 00:00:03,070 NARRATOR: In the criminal justice system 2 00:00:03,129 --> 00:00:06,975 the people are represented by two separate yet equally important groups, 3 00:00:07,033 --> 00:00:08,876 the police who investigate crime 4 00:00:08,935 --> 00:00:11,745 and the district attorneys who prosecute the offenders. 5 00:00:11,805 --> 00:00:13,375 These are their stories. 6 00:00:14,574 --> 00:00:16,554 Mom, I need lunch money. 7 00:00:16,643 --> 00:00:17,986 I made you a sandwich. 8 00:00:18,044 --> 00:00:19,819 But I hate peanut butter. 9 00:00:19,913 --> 00:00:20,983 Since when? 10 00:00:21,047 --> 00:00:22,320 Since now. 11 00:00:27,219 --> 00:00:29,927 Here. Bring me some change. 12 00:00:30,956 --> 00:00:32,264 Now move. 13 00:00:34,593 --> 00:00:36,095 Mom! You're gonna be late 14 00:00:36,161 --> 00:00:37,333 for school again. 15 00:00:37,396 --> 00:00:39,137 There's a guy here. (SIGHING) 16 00:00:40,966 --> 00:00:42,309 I gotta get to work. 17 00:00:42,368 --> 00:00:43,676 A white guy. 18 00:00:44,103 --> 00:00:45,810 What does he want? 19 00:00:54,680 --> 00:00:56,887 Get inside. Now. 20 00:01:00,052 --> 00:01:01,929 What time did you get in last night? 21 00:01:01,987 --> 00:01:04,557 8:00. We were in till this morning. 22 00:01:04,622 --> 00:01:06,533 Did you see or hear anyone outside? 23 00:01:06,591 --> 00:01:10,232 No. Our bedrooms are in the back. I was asleep by 10:00. 24 00:01:10,294 --> 00:01:11,637 Did you get a look at the kid? 25 00:01:11,696 --> 00:01:14,302 Yeah. And he's not from around here. 26 00:01:14,966 --> 00:01:18,641 Okay. If you remember anything, give me a call. Thank you. 27 00:01:18,703 --> 00:01:20,046 Turn up any witnesses? 28 00:01:20,104 --> 00:01:21,515 Nothing yet. We're still canvassing. 29 00:01:21,572 --> 00:01:23,745 Any disturbance reports in the area last night? 30 00:01:23,808 --> 00:01:25,549 Some domestic disputes. 31 00:01:25,643 --> 00:01:28,590 And we had some locals throwing bottles at a squad car a few blocks up. 32 00:01:28,646 --> 00:01:30,125 Brought out a few units. 33 00:01:30,181 --> 00:01:32,252 We found blood on the stairs leading down here. 34 00:01:32,316 --> 00:01:34,318 Maybe he was looking for help. 35 00:01:34,752 --> 00:01:37,164 Blunt force trauma to the back of his head. 36 00:01:37,488 --> 00:01:38,762 No wallet. 37 00:01:39,190 --> 00:01:42,034 Seventy cents and some car keys. Toyota. 38 00:01:42,126 --> 00:01:43,833 We're gonna need plate numbers on any Toyotas 39 00:01:43,895 --> 00:01:44,965 in the area. Okay. 40 00:01:45,029 --> 00:01:47,702 Kid was smoking reefer I smelled it on his clothes. 41 00:01:47,764 --> 00:01:49,402 ED: Maybe he was out partying. 42 00:01:49,466 --> 00:01:51,707 Yeah. There's a drug message for ya. 43 00:01:54,538 --> 00:01:55,710 (CAMERA SNAPPING) 44 00:02:43,486 --> 00:02:45,432 Kid was 16,17. 45 00:02:45,488 --> 00:02:47,331 Bled to death from a blow to the head. 46 00:02:47,389 --> 00:02:48,629 From what? M.E. says 47 00:02:48,691 --> 00:02:50,432 probably a curb or a step. 48 00:02:50,526 --> 00:02:53,063 His shoulder was dislocated and he had defensive injuries 49 00:02:53,129 --> 00:02:54,506 on his hands and forearms. 50 00:02:54,597 --> 00:02:55,735 Kid was outmatched. 51 00:02:55,798 --> 00:02:57,402 Time of death, 11:00 to midnight. 52 00:02:57,466 --> 00:02:59,173 Did they run a tox screen? 53 00:02:59,235 --> 00:03:01,613 Yeah, it came up a strong positive for marijuana. 54 00:03:01,670 --> 00:03:03,149 We ran his prints. No hit. 55 00:03:03,205 --> 00:03:04,809 Nothing at missing persons either. 56 00:03:04,874 --> 00:03:06,217 We've got LaMotte calling all boroughs 57 00:03:06,275 --> 00:03:07,720 to see if there were any calls last night. 58 00:03:07,777 --> 00:03:09,450 Did you get a read on his clothes? 59 00:03:09,512 --> 00:03:13,186 Gap polo shirt. Banana Republic sweater. Suede jacket. 60 00:03:13,381 --> 00:03:16,260 Clean-cut white kid up in Harlem, scoring reefer. 61 00:03:16,317 --> 00:03:19,161 Visiting friends, going to a poetry slam at the sugar shack. 62 00:03:19,254 --> 00:03:22,258 Whatever. He was in over his head in the wrong place. 63 00:03:22,323 --> 00:03:25,566 Call went to the 36 after midnight. Michael Tobin. 64 00:03:25,627 --> 00:03:28,107 Seventeen-year-old boy didn't come home. 65 00:03:31,199 --> 00:03:34,646 Michael went to move the car. Alternate side parking. 66 00:03:35,436 --> 00:03:38,315 I usually do it, but he just got his license. 67 00:03:38,373 --> 00:03:39,716 What time did he leave? 68 00:03:39,774 --> 00:03:41,253 (SIGHING) 10:30. 69 00:03:41,576 --> 00:03:44,284 After an hour, I got worried and went out to look for him. 70 00:03:44,345 --> 00:03:46,825 I found the car parked a couple of blocks up from where I'd left it. 71 00:03:46,881 --> 00:03:49,054 Michael left his wallet and cell phone in his room. 72 00:03:49,117 --> 00:03:50,858 You can have 'em if they'll help you find him. 73 00:03:50,919 --> 00:03:52,455 Well, actually, uh... 74 00:03:53,188 --> 00:03:56,794 A young man was killed in Harlem last night. 75 00:04:02,062 --> 00:04:03,370 Oh, God. 76 00:04:04,498 --> 00:04:05,943 It's Michael. 77 00:04:06,266 --> 00:04:08,610 (SOBBING) Oh, no! Where is he? 78 00:04:10,003 --> 00:04:12,074 BRISCOE: He's down at the morgue. 79 00:04:13,774 --> 00:04:15,811 Harlem? What was he doing in Harlem? 80 00:04:15,876 --> 00:04:18,186 We were hoping you could tell us. 81 00:04:18,245 --> 00:04:19,656 Did he know anyone in that area? 82 00:04:19,713 --> 00:04:22,319 He wouldn't go there. It's dangerous. 83 00:04:22,382 --> 00:04:23,759 (ANNETTE CRYING LOUDLY) 84 00:04:23,817 --> 00:04:26,991 The medical examiner found marijuana in his system. 85 00:04:27,254 --> 00:04:29,598 Michael went to a party last weekend. 86 00:04:29,656 --> 00:04:32,865 He said we smoked when we were kids, why couldn't he? 87 00:04:35,529 --> 00:04:38,100 It's from this morning. Parked near a hydrant. 88 00:04:38,498 --> 00:04:40,204 I didn't think to move it. 89 00:04:40,266 --> 00:04:42,337 Have you got an extra set of keys? 90 00:04:44,003 --> 00:04:45,243 Thanks. 91 00:04:45,371 --> 00:04:46,645 (BEEPING) 92 00:04:50,042 --> 00:04:51,612 No sign of a struggle. 93 00:04:51,677 --> 00:04:53,418 Listen, secure the area 94 00:04:53,479 --> 00:04:55,652 and get CSU over here. Right away. 95 00:04:55,715 --> 00:04:57,717 Mr. Tobin, we're gonna have to impound the car. 96 00:04:57,783 --> 00:04:59,763 We need to go over it for evidence. 97 00:04:59,819 --> 00:05:02,595 Take it. I'd like to get back to my wife. 98 00:05:02,655 --> 00:05:04,191 Sure. Go ahead. 99 00:05:05,892 --> 00:05:07,599 I don't remember seeing him last night. 100 00:05:07,693 --> 00:05:09,866 What about a black Toyota 4Runner? 101 00:05:09,929 --> 00:05:11,840 No. Where'd he live? 102 00:05:11,964 --> 00:05:13,466 656 West End. 103 00:05:13,532 --> 00:05:16,376 Last time anybody saw him he was leaving his building around 10.30. 104 00:05:16,469 --> 00:05:19,382 We saw two male blacks hanging out on that block around then. 105 00:05:19,438 --> 00:05:21,611 We circled a few times, let 'em know we were on 'em. 106 00:05:21,674 --> 00:05:22,845 ED: What do you mean, "hanging out"? 107 00:05:22,908 --> 00:05:24,182 You know, standing around. 108 00:05:24,242 --> 00:05:25,812 What'd they look like? 109 00:05:25,877 --> 00:05:29,848 Average height. Late teens, early 20s. Dark clothes. 110 00:05:30,148 --> 00:05:31,422 That the best you can do? 111 00:05:31,483 --> 00:05:35,329 Yeah. Hey, we don't make detailed notes on every Tom, Dick and Harry. 112 00:05:35,420 --> 00:05:36,990 They weren't bothering anybody. 113 00:05:37,055 --> 00:05:39,035 Then why'd you notice them at all? 114 00:05:39,357 --> 00:05:40,893 'Cause we get paid to. 115 00:05:40,959 --> 00:05:42,438 (DISTANT SIRENS) 116 00:05:42,894 --> 00:05:44,305 We got roll call. 117 00:05:44,362 --> 00:05:45,705 BRISCOE: Thanks. 118 00:05:45,897 --> 00:05:48,434 Two kids hanging around Tobin's building at 10:30. 119 00:05:48,500 --> 00:05:51,242 Yeah. Waiting for the calculus assignment. 120 00:05:51,303 --> 00:05:53,305 Doesn't sound like anybody at school. 121 00:05:53,405 --> 00:05:56,011 And Michael would've told me if he was hanging out with guys like that. 122 00:05:56,074 --> 00:05:57,212 Guys like what? 123 00:05:57,275 --> 00:05:59,949 You know, the brothers. I don't mean any disrespect. 124 00:06:00,011 --> 00:06:02,491 None taken. Where'd he get the stuff he was smoking? 125 00:06:04,582 --> 00:06:06,561 Do you want to help us or not? 126 00:06:06,617 --> 00:06:08,028 What's that got to do with anything? 127 00:06:08,085 --> 00:06:10,065 Maybe the guys outside were his connection. 128 00:06:10,120 --> 00:06:11,827 I don't think so. Why not? 129 00:06:12,890 --> 00:06:15,962 Look, Brad, we're not looking to make a drug bust. 130 00:06:16,026 --> 00:06:17,664 Nobody will get in trouble? 131 00:06:17,728 --> 00:06:19,867 ED: Why, you his connection? 132 00:06:19,930 --> 00:06:21,409 Well, yeah. 133 00:06:22,232 --> 00:06:23,609 (SCHOOL BELL RINGING) 134 00:06:23,667 --> 00:06:25,340 Can you think of anyone who'd want to hurt him? 135 00:06:26,537 --> 00:06:28,710 It didn't have to be anyone he knew. 136 00:06:28,772 --> 00:06:31,753 Mike had a knack for pissing people off. 137 00:06:31,809 --> 00:06:33,846 He never knew when to back down. 138 00:06:33,911 --> 00:06:35,356 He know anybody in Harlem? 139 00:06:35,846 --> 00:06:38,383 There's this girl at our school. Allie. 140 00:06:41,685 --> 00:06:43,687 ALLIE: Michael and I were lab partners. 141 00:06:43,988 --> 00:06:46,491 BRISCOE: Was he coming to see you last night? 142 00:06:47,458 --> 00:06:49,232 I... I don't know. 143 00:06:49,959 --> 00:06:52,200 "I don't know," is not going to help the detectives, Allie. 144 00:06:52,395 --> 00:06:54,306 The boy was killed four blocks away. 145 00:06:54,364 --> 00:06:55,741 Had he been here before? 146 00:06:58,468 --> 00:06:59,572 No. 147 00:07:00,570 --> 00:07:01,776 Uh... (CLEARING THROAT) Mr. Johnson, 148 00:07:01,838 --> 00:07:04,148 if it's not too much trouble, could I get a glass of water? 149 00:07:04,807 --> 00:07:05,979 Sure. 150 00:07:15,551 --> 00:07:17,792 So, you and Michael were good friends? 151 00:07:19,422 --> 00:07:20,628 Uh-huh. 152 00:07:21,557 --> 00:07:23,002 Was he your boyfriend? 153 00:07:27,196 --> 00:07:28,869 I never told my father about my girlfriends. 154 00:07:28,931 --> 00:07:30,569 I always thought it was none of his business. 155 00:07:30,632 --> 00:07:33,169 If that's the way you want it, we can respect that. 156 00:07:36,371 --> 00:07:38,578 He came here a couple of times 157 00:07:39,041 --> 00:07:40,486 when my father wasn't home. 158 00:07:40,976 --> 00:07:42,751 Was he coming to see you last night? 159 00:07:42,811 --> 00:07:44,552 No. Really. 160 00:07:45,013 --> 00:07:46,356 (DOOR OPENING) 161 00:07:47,883 --> 00:07:49,863 When was the last time you spoke to Michael? 162 00:07:49,918 --> 00:07:52,728 ALLIE: (CLEARING THROAT) In school yesterday. 163 00:07:52,788 --> 00:07:54,233 ED: Phone calls? 164 00:07:54,289 --> 00:07:55,393 ALLIE: No. 165 00:07:55,457 --> 00:07:57,494 I think he might've called here. 166 00:07:57,559 --> 00:07:59,095 ED: What makes you say that? 167 00:07:59,194 --> 00:08:02,175 I was on the phone with my sister in Baltimore when a call beeped through. 168 00:08:02,230 --> 00:08:04,574 At first I thought it was for Allie's brother. 169 00:08:04,633 --> 00:08:06,613 But the boy asked for Allie. 170 00:08:06,668 --> 00:08:08,705 He said he was a friend from school. 171 00:08:08,770 --> 00:08:10,215 What time was this? 172 00:08:10,272 --> 00:08:11,580 A little after 11:00. 173 00:08:11,740 --> 00:08:15,050 I think he was calling from out on the street. I heard a bus going by. 174 00:08:15,109 --> 00:08:17,453 I asked him to call back in 15 minutes. 175 00:08:17,511 --> 00:08:18,649 Did he? 176 00:08:22,416 --> 00:08:25,420 If he was going to visit his girlfriend, I don't think she knew he was coming. 177 00:08:25,486 --> 00:08:27,466 So, any theories on how he got up there? 178 00:08:27,521 --> 00:08:29,592 Well, we came up empty on the cab companies, 179 00:08:29,657 --> 00:08:33,195 and the token clerks on the Broadway local didn't notice him on either end. 180 00:08:33,260 --> 00:08:36,400 A hippopotamus could buy a MetroCard, and they wouldn't notice it. 181 00:08:36,530 --> 00:08:40,307 Now, the one train stops at 137th, a block from her house. 182 00:08:40,601 --> 00:08:42,376 Why would he be at 140th? 183 00:08:42,436 --> 00:08:44,677 Pay phone IUDs from the area of the murder. 184 00:08:44,738 --> 00:08:47,651 The call went to the Johnson apartment at 11:19 185 00:08:47,708 --> 00:08:51,588 from the corner of 141st and Broadway. Five blocks from her place. 186 00:08:51,679 --> 00:08:54,785 A block from where he was found. He was walking toward her house. 187 00:08:55,249 --> 00:08:58,195 Check any place that might've been open at that hour. 188 00:09:00,019 --> 00:09:01,259 He wasn't here. 189 00:09:01,321 --> 00:09:03,460 Maybe one of your customers saw him on the way out. 190 00:09:03,523 --> 00:09:05,059 We'll need your credit card receipts. 191 00:09:05,125 --> 00:09:06,502 It's cash only. 192 00:09:07,160 --> 00:09:09,367 I heard on the news he went to Windsor Academy. 193 00:09:09,429 --> 00:09:10,635 Yeah. 194 00:09:11,331 --> 00:09:13,368 There's a girl that comes with her brother sometimes. 195 00:09:13,433 --> 00:09:14,639 She told me she goes to school there. 196 00:09:14,701 --> 00:09:16,180 Did she tell you her name? 197 00:09:16,236 --> 00:09:18,910 Allie, I think. She's nice looking. 198 00:09:18,972 --> 00:09:21,851 Tried to ask her out once. Bad move. 199 00:09:22,075 --> 00:09:23,577 Why, she turn you down? 200 00:09:23,643 --> 00:09:24,917 She didn't even get a chance to. 201 00:09:24,978 --> 00:09:28,289 Her brother got all bent out of shape. Pulled a John Rocker on me. 202 00:09:28,348 --> 00:09:29,691 BRISCOE: How's that? 203 00:09:30,350 --> 00:09:33,593 He said his sister's not going out with some taco boy. 204 00:09:34,954 --> 00:09:37,298 I called him taco boy to make my point stick. 205 00:09:37,390 --> 00:09:39,199 Did you know Michael Tobin? No. 206 00:09:39,259 --> 00:09:40,999 Come on, man. He was your sister's boyfriend. 207 00:09:41,059 --> 00:09:44,632 I didn't even know she had a boyfriend. Allie's not allowed to see boys yet. 208 00:09:44,696 --> 00:09:45,902 BRISCOE: And whose rule is that? 209 00:09:45,964 --> 00:09:48,672 My father and I work hard so Allie can make something of herself. 210 00:09:48,734 --> 00:09:50,645 So you'd have a problem with her seeing anybody. 211 00:09:50,702 --> 00:09:53,876 This is stupid. Two nights ago, I was here doing inventory. 212 00:09:53,939 --> 00:09:55,612 BRISCOE: Till when? Midnight. 213 00:09:55,674 --> 00:09:57,847 Look, I got customers waiting. Okay? 214 00:10:05,317 --> 00:10:06,489 You still here? 215 00:10:06,585 --> 00:10:08,656 Need to ask you a few questions, if you have the time. 216 00:10:08,720 --> 00:10:11,200 Mmm-hmm. Got as long as this cigarette lasts. 217 00:10:11,256 --> 00:10:13,566 You were here on Tuesday night? 218 00:10:13,625 --> 00:10:16,629 All of us were. The boss had us doing inventory. 219 00:10:16,695 --> 00:10:18,368 What time did everybody leave? 220 00:10:18,430 --> 00:10:22,809 Well, let me see. Clarence and me stayed till 10:00. 221 00:10:22,867 --> 00:10:24,904 And Louis stayed and finished up. 222 00:10:24,969 --> 00:10:26,346 By himself? Yeah. 223 00:10:26,437 --> 00:10:28,815 How come? He's the assistant manager. 224 00:10:28,873 --> 00:10:30,352 What? Is Louis in some kind of trouble? 225 00:10:30,408 --> 00:10:31,785 No. This is just routine. 226 00:10:31,842 --> 00:10:34,823 Look, Louis is all right, and he's great with kids. 227 00:10:34,879 --> 00:10:37,860 We hear he's a bit of a hothead when it comes to his sister. 228 00:10:37,915 --> 00:10:39,258 Maybe a little overprotective, 229 00:10:39,317 --> 00:10:41,923 but all he talks about is how Allie's gonna make it big. 230 00:10:41,986 --> 00:10:43,260 Couple weeks ago, 231 00:10:43,321 --> 00:10:45,767 he went psycho on some guy dropped her off here. 232 00:10:45,823 --> 00:10:47,063 You see the guy? 233 00:10:47,124 --> 00:10:49,570 No. I saw his SUV. Black Toyota. 234 00:10:50,027 --> 00:10:51,870 I like the Lexus, myself. 235 00:10:52,129 --> 00:10:53,540 Well, what did Louis do? 236 00:10:53,598 --> 00:10:57,705 Ran after the car, yelling if he ever saw him around Allie again, he'd mess him up. 237 00:11:02,940 --> 00:11:06,079 I was working at the store till midnight. Then I went straight home. 238 00:11:06,142 --> 00:11:09,680 Yeah, after you smashed Michael Tobin's head against the sidewalk. 239 00:11:09,746 --> 00:11:10,781 Why don't you believe me? 240 00:11:10,847 --> 00:11:12,884 You lied to us about knowing him, Louis. 241 00:11:12,949 --> 00:11:14,485 And your coworker heard you threaten him. 242 00:11:14,551 --> 00:11:16,326 I was just looking out for my sister. 243 00:11:16,386 --> 00:11:18,957 You didn't like her knocking boots with her white boyfriend, did ya? 244 00:11:19,022 --> 00:11:20,865 Yeah, okay, but I didn't kill him. 245 00:11:20,957 --> 00:11:23,870 Yeah, you see this dope smoking punk that night 246 00:11:23,927 --> 00:11:25,964 sniffing around your baby sister, 247 00:11:26,029 --> 00:11:27,440 so you tell him to back off, 248 00:11:27,497 --> 00:11:30,000 things get a little out of hand, and he hits his head. 249 00:11:30,066 --> 00:11:31,204 That's not murder, right, Ed? 250 00:11:31,268 --> 00:11:32,872 Maybe not even manslaughter. 251 00:11:32,936 --> 00:11:34,745 It's nothing. I was working. 252 00:11:36,573 --> 00:11:38,018 How can you do this to him? 253 00:11:38,074 --> 00:11:40,884 Mr. Johnson... My son has a good job. 254 00:11:40,944 --> 00:11:42,753 He's never been arrested. 255 00:11:42,812 --> 00:11:44,689 We're decent, hard-working people. 256 00:11:44,748 --> 00:11:47,422 Sir, Louis lied about knowing Allie's friend. 257 00:11:47,484 --> 00:11:49,724 We have a witness who saw your son threaten him. 258 00:11:49,785 --> 00:11:51,765 And we understand he has a temper. 259 00:11:51,854 --> 00:11:53,424 Louis is all bark, Lieutenant. 260 00:11:53,489 --> 00:11:55,264 Now he was at work when this happened. 261 00:11:55,324 --> 00:11:56,962 No one can confirm that. 262 00:11:57,059 --> 00:11:58,834 You waiting for Elijah to come down and testify? 263 00:12:00,296 --> 00:12:04,335 White boy gets killed in my neighborhood and you treat us all like criminals. 264 00:12:04,400 --> 00:12:06,437 You ought to be ashamed of yourself. 265 00:12:09,805 --> 00:12:11,284 I'm coming back with a lawyer. 266 00:12:14,877 --> 00:12:17,915 VAN BUREN: You recognize anyone from 93rd street, Officer Smith? 267 00:12:17,980 --> 00:12:19,391 No, sorry. 268 00:12:20,115 --> 00:12:21,423 How'd my partner do? 269 00:12:21,483 --> 00:12:22,791 ED: He flunked too. 270 00:12:23,385 --> 00:12:25,092 We really didn't get much of a look. 271 00:12:25,154 --> 00:12:26,258 Thanks. 272 00:12:29,291 --> 00:12:31,600 They're not making cops like they used to. 273 00:12:31,659 --> 00:12:33,900 We need the kid's dirty laundry to test for blood. 274 00:12:33,962 --> 00:12:36,670 What? You gonna forge a judge's signature on a search warrant? 275 00:12:37,298 --> 00:12:39,107 Hey, we got motive, no alibi. 276 00:12:39,434 --> 00:12:42,108 Be nice if you could put him at the crime scene. 277 00:12:47,942 --> 00:12:51,822 Didn't see anything. 11:15, we were on a job eight blocks away. 278 00:12:51,913 --> 00:12:53,984 The area where the kid got popped, who hangs there? 279 00:12:54,048 --> 00:12:56,528 Nobody, really. That block's pretty quiet. 280 00:12:56,617 --> 00:12:59,621 We heard some bottles got thrown on a cop car near there. You involved? 281 00:12:59,687 --> 00:13:01,189 Just the tail end. 282 00:13:01,255 --> 00:13:04,395 Bum squad picked up a homeless guy sleeping on the sidewalk. 283 00:13:04,459 --> 00:13:07,565 When we responded, it was just some kids giving hell to the back-up units. 284 00:13:07,628 --> 00:13:08,732 What kids? 285 00:13:08,830 --> 00:13:11,970 From the neighborhood. It was a big excitement over there. 286 00:13:12,133 --> 00:13:15,170 (SCOFFS) It was three hours before, I doubt they saw anything. 287 00:13:15,235 --> 00:13:17,909 Hey, let us do the doubting, all right? 288 00:13:17,971 --> 00:13:20,611 Time we got there, it was already under control. 289 00:13:20,674 --> 00:13:24,247 But our local Sharpton was still out there, preaching to the choir. 290 00:13:25,879 --> 00:13:27,051 ED: Yeah. We heard you were on the street 291 00:13:27,114 --> 00:13:28,184 Tuesday night. Yeah. 292 00:13:28,248 --> 00:13:29,989 We just wanna know if you saw this guy out there. 293 00:13:30,050 --> 00:13:31,188 His name is Louis Johnson. 294 00:13:31,251 --> 00:13:32,423 I know his name. 295 00:13:32,486 --> 00:13:34,363 Any reason I should be talking to a couple of cops 296 00:13:34,421 --> 00:13:35,559 after what happened out there? 297 00:13:35,622 --> 00:13:38,102 What, you mean like you causing a riot? 298 00:13:38,158 --> 00:13:40,263 The guy those cops rousted, JT, 299 00:13:40,327 --> 00:13:41,931 he's been sleeping out there for years. 300 00:13:41,995 --> 00:13:43,975 He's kinda slow in the head. He's a nice guy. 301 00:13:44,030 --> 00:13:45,236 He never bothers anybody. 302 00:13:45,298 --> 00:13:46,675 BRISCOE: Yeah. Back to Louis Johnson... 303 00:13:46,733 --> 00:13:49,612 These white cops kick him till he wakes up, 304 00:13:49,669 --> 00:13:51,808 throw all his stuff on the street. Now you think that's right? 305 00:13:51,872 --> 00:13:53,476 So you respond by chucking bottles? 306 00:13:53,540 --> 00:13:55,178 By any means necessary. 307 00:13:55,242 --> 00:13:57,221 That right? That include killing white kids? 308 00:13:57,276 --> 00:13:58,584 I didn't kill that boy. 309 00:13:58,644 --> 00:14:01,284 And I know Louis from the neighborhood. He's a nine to five. 310 00:14:01,347 --> 00:14:03,156 Probably a Republican. He didn't do it either. 311 00:14:03,215 --> 00:14:05,354 Is that a character reference or you know something? 312 00:14:05,418 --> 00:14:08,058 You get JT out of lockup, and I might. 313 00:14:08,220 --> 00:14:10,063 Now why would we do that? 314 00:14:12,358 --> 00:14:15,464 I heard some guy at a party was bragging about doing the white boy. 315 00:14:15,528 --> 00:14:16,632 It wasn't Louis. 316 00:14:16,695 --> 00:14:17,765 That's not much. 317 00:14:17,830 --> 00:14:20,902 He said he took the white boy's Tommy jacket and then he cut him up. 318 00:14:20,966 --> 00:14:23,845 Bad news. Kid wasn't wearing a Tommy, and he wasn't cut up. 319 00:14:23,903 --> 00:14:26,713 That's what he said. He said he saw the white boy by a pay phone, 320 00:14:26,772 --> 00:14:29,218 near a Key Food, then he followed him. 321 00:14:29,375 --> 00:14:31,719 All right, we'll get JT out. What's the guy's name? 322 00:14:31,777 --> 00:14:34,417 Don't know his name. But the party was on Hamilton, 323 00:14:34,480 --> 00:14:37,051 next to the check cashing place, second floor. 324 00:14:42,153 --> 00:14:44,793 Wonder if this party made the society page? 325 00:14:44,856 --> 00:14:47,598 Hmm. The host spared no expense. 326 00:14:48,026 --> 00:14:49,937 Oh! There's our host now. 327 00:14:50,361 --> 00:14:51,704 (MOUSE SQUEAKING) 328 00:14:53,431 --> 00:14:55,240 "Tony's Beverage Mart." 329 00:14:55,467 --> 00:14:57,777 Our party people lost their deposit. 330 00:14:57,836 --> 00:14:58,974 Hmm. 331 00:14:59,437 --> 00:15:01,041 What makes you think it was my keg? 332 00:15:01,105 --> 00:15:02,675 It's got your sticker on it. 333 00:15:07,111 --> 00:15:09,113 I had one disappear a few nights ago. 334 00:15:09,180 --> 00:15:10,853 Any idea who disappeared it? 335 00:15:10,915 --> 00:15:12,724 Not really. Ever since I hired this guy, 336 00:15:12,784 --> 00:15:14,491 I've had a couple of things walk away. 337 00:15:14,552 --> 00:15:16,054 So why's he still working here? 338 00:15:16,120 --> 00:15:17,929 It's my wife's nephew. 339 00:15:19,891 --> 00:15:22,428 You know anything about a missing keg? 340 00:15:22,726 --> 00:15:24,569 I know things get lost in this world. 341 00:15:24,628 --> 00:15:26,005 You know your hands are shaking? 342 00:15:26,063 --> 00:15:27,167 Cops make me nervous. 343 00:15:27,231 --> 00:15:28,301 Maybe 'cause you're feeling guilty. 344 00:15:28,365 --> 00:15:30,276 Maybe 'cause I feel like I'm getting the third degree here. 345 00:15:30,334 --> 00:15:31,836 Oh, we're still on the first degree. 346 00:15:31,902 --> 00:15:33,745 I'll give you some friendly advice. 347 00:15:33,804 --> 00:15:35,408 You ain't got the cojones for this. 348 00:15:35,472 --> 00:15:37,110 Come on, man. I've only been working here three weeks. 349 00:15:37,174 --> 00:15:38,312 I don't wanna get fired. 350 00:15:38,375 --> 00:15:40,446 Hey, worry about being a disappointment to your family. 351 00:15:41,044 --> 00:15:43,888 (SIGHING) All right, some guy I know invited me to a party. 352 00:15:43,947 --> 00:15:45,153 I just wanted to do him a favor. 353 00:15:45,215 --> 00:15:47,661 Anybody at the party celebrating a murder? 354 00:15:47,718 --> 00:15:49,595 Murder. Uh-uh. Wasn't that kind of party. 355 00:15:49,653 --> 00:15:51,894 There a guy at this party wearing a Tommy Hilfiger jacket? 356 00:15:51,955 --> 00:15:55,698 Yeah, yeah. He left with a chick in the boots, and the leather dress. 357 00:15:55,759 --> 00:15:58,000 Um... Seventeen, going on Tyra Banks. 358 00:15:58,896 --> 00:16:00,375 You get any names? 359 00:16:01,231 --> 00:16:02,869 I think her name was Tina. 360 00:16:02,933 --> 00:16:05,913 She said she lived in the projects. Powell, some name like that. 361 00:16:05,968 --> 00:16:08,073 Anyway, you couldn't miss her. She's... 362 00:16:09,005 --> 00:16:11,849 Empty apartment's good for a party. More room for dancing. 363 00:16:11,908 --> 00:16:14,479 You dance with a guy in a Tommy jacket? 364 00:16:14,544 --> 00:16:16,421 Tommy, Ralph, Enyce. 365 00:16:16,479 --> 00:16:18,789 Your mother know about your social life? Yeah. 366 00:16:18,848 --> 00:16:21,260 Well, maybe we should call her at work. 367 00:16:21,751 --> 00:16:23,458 Called himself Biggie. 368 00:16:23,519 --> 00:16:25,260 Kept telling me he was big all over. 369 00:16:25,321 --> 00:16:26,527 I ain't got time for that. 370 00:16:26,589 --> 00:16:28,091 So why'd ya leave the party with him? 371 00:16:28,157 --> 00:16:29,500 I needed a ride. 372 00:16:29,559 --> 00:16:31,971 Did he mention where he got that jacket? 373 00:16:32,028 --> 00:16:34,634 Hah. I was teasing him about it being too small. 374 00:16:34,697 --> 00:16:36,768 So just like that, he told me he took it off that white boy. 375 00:16:36,933 --> 00:16:39,277 Probably not a great idea to take a ride from a guy like that. 376 00:16:39,569 --> 00:16:41,776 Thanks, Dad. Can I go now? 377 00:16:41,837 --> 00:16:44,181 Now what did this Biggie look like? 378 00:16:44,640 --> 00:16:46,711 Big. Look, I'm 20 minutes late. 379 00:16:46,776 --> 00:16:48,312 You're partying with us today. 380 00:16:48,377 --> 00:16:50,652 We're gonna go downtown and look at some mug shots. 381 00:16:50,712 --> 00:16:52,123 Wait. 382 00:16:53,114 --> 00:16:54,388 (SIGHS) 383 00:16:55,550 --> 00:16:57,757 He gave me his beeper number. 384 00:16:58,119 --> 00:17:00,622 All right. Ask him to meet you someplace. 385 00:17:00,689 --> 00:17:02,327 What, set him up? 386 00:17:05,694 --> 00:17:06,764 (SIGHING) 387 00:17:16,371 --> 00:17:17,907 What's up, Tina? 388 00:17:17,973 --> 00:17:19,452 Who the hell are you? 389 00:17:19,507 --> 00:17:20,611 Come outside with us, please. 390 00:17:20,675 --> 00:17:22,245 I got a date Nice jacket. 391 00:17:22,310 --> 00:17:23,516 I'd kill for a jacket like that. 392 00:17:23,578 --> 00:17:24,648 What you... What you talkin' about? 393 00:17:24,713 --> 00:17:25,783 Come on. Let's go. 394 00:17:25,847 --> 00:17:28,191 Let me just holler out my girl over there for a minute. 395 00:17:28,249 --> 00:17:30,092 You can holler her out in about 25 years. 396 00:17:30,151 --> 00:17:32,187 Why'd you do me like this, Tina? 397 00:17:33,354 --> 00:17:34,890 Y'all ain't got nothin' on me. 398 00:17:34,955 --> 00:17:37,162 Yeah, except witnesses who heard you confess. 399 00:17:37,224 --> 00:17:38,498 Well, they heard wrong. 400 00:17:38,559 --> 00:17:40,004 Yeah? How'd you know the kid got stabbed? 401 00:17:40,060 --> 00:17:41,198 That wasn't even in the papers. 402 00:17:41,261 --> 00:17:42,763 Only the killer knows a detail like that. 403 00:17:42,830 --> 00:17:44,138 And where'd you get his jacket, huh? 404 00:17:44,198 --> 00:17:45,302 This ain't his. 405 00:17:45,366 --> 00:17:46,436 That's not what his grandma says. 406 00:17:46,500 --> 00:17:47,706 She bought it for him for his birthday. 407 00:17:47,768 --> 00:17:48,940 My cousin got me this. 408 00:17:49,003 --> 00:17:50,573 Now who do you think the jury's gonna believe, 409 00:17:50,638 --> 00:17:52,948 this kid's grandmother or your cousin? 410 00:17:53,073 --> 00:17:56,816 Listen. Girls at the party was dissin' my gear for not fittin' right. 411 00:17:57,778 --> 00:18:00,315 Sol played like I got it off the white boy. 412 00:18:00,381 --> 00:18:02,019 They're gonna laugh in your face. 413 00:18:02,082 --> 00:18:04,528 I was just tryin' to get my props, that's all. 414 00:18:04,585 --> 00:18:06,895 Hey, how'd you know about the boy using the pay phone? 415 00:18:06,954 --> 00:18:08,729 'Cause I saw what went down. 416 00:18:09,356 --> 00:18:12,530 Couple of homies run up on this white boy on a pay phone. 417 00:18:12,593 --> 00:18:15,095 Said they was gonna bust him up, and did I want a piece? 418 00:18:15,161 --> 00:18:17,732 I said no, and I kept walking. And that's the truth. 419 00:18:18,131 --> 00:18:19,542 We need names. 420 00:18:22,435 --> 00:18:24,073 Jerome and Marcus. 421 00:18:24,170 --> 00:18:26,480 They hang out at the bodega on Broadhurst. 422 00:18:26,539 --> 00:18:28,382 You better hope this checks out. 423 00:18:32,345 --> 00:18:33,415 Hey, Jerome. 424 00:18:33,479 --> 00:18:34,685 Hey, what you want? 425 00:18:34,747 --> 00:18:36,488 You're under arrest. You must be Marcus. 426 00:18:36,549 --> 00:18:37,789 Not me, man. 427 00:18:38,084 --> 00:18:40,462 POLICEMAN: Police! Freeze! Give it up, man! 428 00:18:41,788 --> 00:18:43,961 Too bad your feet are faster than your brain. 429 00:18:44,023 --> 00:18:45,400 Look, hey, watch my hand! 430 00:18:45,458 --> 00:18:47,404 What'd you do to it? I hurt it playing basketball. 431 00:18:47,460 --> 00:18:49,030 What? Skin your knuckles going up for a rebound? 432 00:18:49,095 --> 00:18:51,234 Yeah. Y'all, I wanna see a lawyer. 433 00:18:51,297 --> 00:18:53,299 Story like that, you're gonna need one. 434 00:18:56,502 --> 00:18:58,708 A broken hand hardly proves your case. 435 00:18:58,804 --> 00:19:00,875 ED: We have a witness puts him with the victim. 436 00:19:00,939 --> 00:19:02,077 Who? 437 00:19:02,207 --> 00:19:03,811 You want his address, too? 438 00:19:03,875 --> 00:19:06,116 Look, my client might want to cooperate. 439 00:19:07,012 --> 00:19:09,288 He doesn't want to face the death penalty. 440 00:19:09,347 --> 00:19:10,485 Why would he? 441 00:19:15,387 --> 00:19:17,230 That's all we have to say now. 442 00:19:19,257 --> 00:19:22,204 Now's your chance to tell your side of it, Jerome. 443 00:19:22,260 --> 00:19:24,706 Your buddy in there is probably rolling on you right now. 444 00:19:24,763 --> 00:19:26,674 Can I talk to him? Oh, sure. 445 00:19:26,732 --> 00:19:28,405 You two get your stories straight. 446 00:19:28,467 --> 00:19:31,778 I'll sit here and have a few donuts while you're chatting. 447 00:19:31,837 --> 00:19:33,475 ELAN HOLT: How bad does it look? 448 00:19:33,538 --> 00:19:36,212 He's got no alibi and a three-page sheet. 449 00:19:36,274 --> 00:19:37,617 He's going down hard for this. 450 00:19:37,676 --> 00:19:40,952 Oh, man! This is messed up! I wanna get bail! 451 00:19:41,011 --> 00:19:43,924 You can't even afford a lawyer. What kind of bail you think you're gonna get 452 00:19:43,981 --> 00:19:45,483 on a murder two charge? 453 00:19:45,549 --> 00:19:46,755 Murder two? 454 00:19:47,351 --> 00:19:48,557 I think I wanna cop to it. 455 00:19:48,619 --> 00:19:50,030 No, you don't. 456 00:19:50,087 --> 00:19:52,590 Thing is, we didn't mean to kill one of yours. 457 00:19:52,723 --> 00:19:53,827 One of whose? 458 00:19:53,891 --> 00:19:56,030 Jerome, we're done. Now shut up! 459 00:19:59,897 --> 00:20:01,467 Why'd he say, "One of yours?" 460 00:20:01,532 --> 00:20:04,945 It sounds like they were under the impression Tobin was a cop. 461 00:20:05,002 --> 00:20:06,572 Yeah. Weathers' lawyer shut everything down 462 00:20:06,637 --> 00:20:07,809 when she heard what the charges were. 463 00:20:07,872 --> 00:20:09,852 She was expecting to hear murder one. 464 00:20:09,907 --> 00:20:11,443 Any chance they're right? 465 00:20:11,642 --> 00:20:13,986 Could Tobin have been an informant? 466 00:20:14,045 --> 00:20:16,423 He's not registered at one Police Plaza. 467 00:20:17,148 --> 00:20:18,752 How about off the books? 468 00:20:21,218 --> 00:20:24,562 Can we make this fast? My parents think I'm out buying milk. 469 00:20:24,754 --> 00:20:27,701 You told the detectives your friend, Michael, wasn't in any kind of trouble. 470 00:20:27,757 --> 00:20:28,929 He wasn't. 471 00:20:28,992 --> 00:20:30,335 We have some evidence that suggests 472 00:20:30,393 --> 00:20:32,771 he may have been working with the police as an informant. 473 00:20:32,829 --> 00:20:35,105 Where... No way! Where'd you hear that? 474 00:20:35,165 --> 00:20:36,405 You don't need to know that. 475 00:20:36,466 --> 00:20:39,072 Well, it's totally ridiculous. He would've told me. 476 00:20:39,135 --> 00:20:41,411 He didn't tell you Allie was his girlfriend. 477 00:20:41,471 --> 00:20:43,610 Yeah. I wish he had. 478 00:20:44,874 --> 00:20:47,787 I just don't see it. I mean, why would Mike be working with the cops? 479 00:20:47,844 --> 00:20:49,414 He didn't even like 'em. 480 00:20:50,280 --> 00:20:52,157 Any takers on the other end? 481 00:20:52,215 --> 00:20:54,957 Briscoe and Green checked with all the special units in Harlem. 482 00:20:55,018 --> 00:20:57,999 Gangs, narcotics, anti-crime. Nothing. 483 00:20:58,054 --> 00:20:59,931 It's time to talk to Jerome Weathers. 484 00:21:00,023 --> 00:21:02,765 Let's see what it'll cost us to find out what he's talking about. 485 00:21:06,795 --> 00:21:09,571 My client's got nothing to say till we know what's on the table. 486 00:21:09,665 --> 00:21:12,976 We like what he tells us, we'll take the death penalty off the table. 487 00:21:19,508 --> 00:21:21,510 This is how it went down, all right? 488 00:21:22,177 --> 00:21:24,623 Me and Marcus saw the cops take JT away. 489 00:21:24,713 --> 00:21:27,091 A few hours later, we saw the kid. 490 00:21:27,149 --> 00:21:29,095 We decided to get some payback. So we followed him. 491 00:21:29,284 --> 00:21:31,059 Marcus yoked him up and started pounding. 492 00:21:31,120 --> 00:21:32,531 And you joined right in. 493 00:21:32,654 --> 00:21:35,430 Damn fool started fightin' back instead of takin' his. 494 00:21:35,491 --> 00:21:37,562 I'm serious, we didn't mean to kill him. 495 00:21:37,626 --> 00:21:39,606 He fell on the steps and hit his head. 496 00:21:39,661 --> 00:21:41,004 Why him? Because he was white? 497 00:21:41,063 --> 00:21:43,270 No. 'Cause he was workin' for the cops. 498 00:21:43,565 --> 00:21:44,737 What made you think that? 499 00:21:45,200 --> 00:21:48,409 He got out of a cop car at the corner off 144th from Broadway. 500 00:21:48,470 --> 00:21:50,278 JACK: You notice any markings on the car? 501 00:21:50,338 --> 00:21:51,646 NYPD. 502 00:21:51,772 --> 00:21:53,149 Is that it? Any numbers? 503 00:21:53,207 --> 00:21:55,244 No. It was down the block. 504 00:21:55,309 --> 00:21:57,346 The cops let him out of that car. 505 00:21:57,411 --> 00:21:59,982 In my face. In my neighborhood. That night. 506 00:22:00,047 --> 00:22:02,084 What did they think was gonna happen? 507 00:22:04,619 --> 00:22:06,189 There was no intent, Mr. McCoy. 508 00:22:06,254 --> 00:22:07,995 JACK: Except to kick the crap out of him. 509 00:22:09,223 --> 00:22:12,261 If it turns out he's telling the truth, man one. 510 00:22:13,094 --> 00:22:14,300 Damn. 511 00:22:16,631 --> 00:22:19,840 Michael Tobin got out of a patrol car in Harlem? 512 00:22:19,901 --> 00:22:21,403 According to Jerome Weathers. 513 00:22:21,502 --> 00:22:23,709 Four blocks from where he was killed. 514 00:22:23,771 --> 00:22:25,808 Do we believe this murderer? 515 00:22:26,174 --> 00:22:27,778 Remains to be seen, but if it's true, 516 00:22:27,842 --> 00:22:31,051 whatever Tobin was doing up there was totally off the grid. 517 00:22:31,112 --> 00:22:33,523 We looked under all the obvious rocks. 518 00:22:33,980 --> 00:22:35,687 Look under new ones. 519 00:22:38,818 --> 00:22:40,957 Could they have been working with him under the radar? 520 00:22:41,021 --> 00:22:43,228 All informants get routed to special units. 521 00:22:43,290 --> 00:22:45,702 Yeah, and sometimes they fall through the cracks. 522 00:22:45,759 --> 00:22:46,829 Not my guys... 523 00:22:46,893 --> 00:22:48,065 We're being straight with you. 524 00:22:48,128 --> 00:22:49,732 We never even laid eyes on that kid. 525 00:22:50,564 --> 00:22:53,101 10:15, they responded to an aided call. 526 00:22:53,166 --> 00:22:55,703 Yeah. Lady with chest pains. We were there until 11:30. 527 00:22:55,936 --> 00:22:57,506 An hour and 15 minutes? 528 00:22:57,571 --> 00:22:58,914 The paramedics had a hard time 529 00:22:58,972 --> 00:23:00,781 convincing her to go to the hospital. 530 00:23:00,840 --> 00:23:03,343 Yeah. It's all right here in my memo book. 531 00:23:04,678 --> 00:23:07,454 Check with engine 45. We were there. 532 00:23:09,249 --> 00:23:11,286 Okay, you two go to work. 533 00:23:11,751 --> 00:23:12,923 Thank you. 534 00:23:13,753 --> 00:23:14,924 That's it, Ms. Carmichael. 535 00:23:14,987 --> 00:23:17,991 Every sector car out that night's accounted for. 536 00:23:18,057 --> 00:23:20,401 Any other vehicles signed out that night? 537 00:23:20,459 --> 00:23:22,234 I already checked with the motor pool sergeant. 538 00:23:22,294 --> 00:23:23,398 If you want to look at her log... 539 00:23:23,462 --> 00:23:25,942 No, that's okay. Thanks. Will you send me a copy? 540 00:23:25,998 --> 00:23:28,979 Yeah. Now if this fairy tale's true, 541 00:23:29,034 --> 00:23:31,036 it's nobody from this precinct. 542 00:23:36,775 --> 00:23:38,652 We heard you collared two guys who fit our description. 543 00:23:38,711 --> 00:23:39,781 That's right. 544 00:23:39,845 --> 00:23:40,949 If you needed us for a line-up, 545 00:23:41,013 --> 00:23:42,754 you could've put in a notification. 546 00:23:42,815 --> 00:23:45,659 Well, we wanted to hear the whole story again. 547 00:23:46,018 --> 00:23:47,429 Not much of a story. 548 00:23:47,486 --> 00:23:49,830 We saw two males by the dead kid's building. 549 00:23:49,889 --> 00:23:50,959 I don't know if we can I.D. 'em. 550 00:23:51,023 --> 00:23:52,468 What time was that? 551 00:23:52,558 --> 00:23:54,196 I don't know. Whatever we told your guys 552 00:23:54,260 --> 00:23:55,762 when they interviewed us. 553 00:23:56,795 --> 00:23:59,468 Where did you go after you observed these two guys? 554 00:23:59,530 --> 00:24:01,066 Back on patrol. 555 00:24:01,132 --> 00:24:04,579 And what was your location at 11:10? 556 00:24:05,169 --> 00:24:07,012 What's this got to do with a line-up? 557 00:24:07,071 --> 00:24:09,881 Somebody saw Michael Tobin get out of an RMP 558 00:24:09,941 --> 00:24:12,080 up in Harlem just before he was killed. 559 00:24:12,143 --> 00:24:13,451 Somebody who? 560 00:24:13,511 --> 00:24:15,354 CARMICHAEL: That's confidential. 561 00:24:15,413 --> 00:24:17,791 We were in Charlie sector all night. 562 00:24:18,383 --> 00:24:20,624 Look, why would we ride around with this kid? 563 00:24:20,685 --> 00:24:22,631 Maybe you were using him as a Cl. 564 00:24:22,687 --> 00:24:24,394 (SCOFFING) Absolutely not. 565 00:24:24,455 --> 00:24:26,833 VAN BUREN: Then you won't mind if we look at your memo books. 566 00:24:26,891 --> 00:24:28,495 Don't you need to go through IAB? 567 00:24:28,559 --> 00:24:30,163 CARMICHAEL: IAB doesn't have jurisdiction. 568 00:24:30,228 --> 00:24:31,866 This is a murder investigation. 569 00:24:31,929 --> 00:24:33,101 You got the two guys. 570 00:24:34,666 --> 00:24:39,081 Whoever dropped Michael Tobin off wasn't looking out for his welfare. 571 00:24:41,905 --> 00:24:43,350 Uh... 572 00:24:44,541 --> 00:24:46,043 Before we give up any paperwork, 573 00:24:46,109 --> 00:24:48,612 I think we need to get with our PBA rep. 574 00:24:48,945 --> 00:24:50,424 Stay in touch. 575 00:24:56,987 --> 00:24:59,126 These are the sprint runs from the 36, 576 00:24:59,189 --> 00:25:01,795 all transmissions for the entire shift. 577 00:25:01,858 --> 00:25:04,202 Got the tape cued up if you want audio. 578 00:25:04,261 --> 00:25:08,073 Thanks. Smith and Flannery were 36 Charlie. 579 00:25:08,198 --> 00:25:11,111 10:45, they radioed out for a meal. 580 00:25:11,468 --> 00:25:12,640 Like they said. 581 00:25:12,970 --> 00:25:15,314 But look at this. At 11:10, they responded, 582 00:25:15,372 --> 00:25:17,978 "Back in service, will assist 36 Edward" 583 00:25:18,041 --> 00:25:20,487 "on a job at 96th and Amsterdam." 584 00:25:20,744 --> 00:25:23,247 Two blocks away, they didn't show up for 20 minutes. 585 00:25:23,312 --> 00:25:25,314 Because they were in Harlem? 586 00:25:25,381 --> 00:25:27,019 Wait. This is strange. 587 00:25:27,450 --> 00:25:31,557 Hey, Sally, could you cue up this radio run at 8:19? 588 00:25:34,356 --> 00:25:37,530 This is 36 Sergeant One. Be advised of rapid mobilization. 589 00:25:37,593 --> 00:25:40,005 Standby for units Adam, Baker, Charlie. 590 00:25:40,062 --> 00:25:42,167 Disturbance at 144 and Broadway. 591 00:25:42,231 --> 00:25:45,007 Civilians and officers involved, possible injuries. 592 00:25:45,067 --> 00:25:46,876 31 Sergeant will advice. 593 00:25:48,938 --> 00:25:51,817 So, Smith and Flannery were on alert for deployment 594 00:25:51,874 --> 00:25:53,945 to that free-for-all up in Harlem. 595 00:25:54,009 --> 00:25:56,216 Over the arrest of that homeless man. 596 00:25:56,545 --> 00:25:59,355 They knew all hell was breaking loose up there that night. 597 00:25:59,415 --> 00:26:02,089 And they dropped Michael Tobin right in the middle of it. 598 00:26:02,151 --> 00:26:03,289 (SCOFFS) 599 00:26:09,424 --> 00:26:13,065 Your clients took a detour to Harlem the night Michael Tobin was killed. 600 00:26:13,128 --> 00:26:14,300 This doesn't say that. 601 00:26:14,362 --> 00:26:17,809 Their radio car was unaccounted for from 10:45 to 11:30. 602 00:26:17,866 --> 00:26:19,368 We signed off to get something to eat. 603 00:26:19,434 --> 00:26:21,311 You were done with your meal at 11:10. 604 00:26:21,369 --> 00:26:23,406 There's a gaping hole in your alibi. 605 00:26:23,471 --> 00:26:25,246 Which gave you a window of opportunity 606 00:26:25,306 --> 00:26:27,980 to take the Tobin boy uptown and drop him in the middle of a war zone. 607 00:26:28,510 --> 00:26:29,580 RILEY: For what possible reason? 608 00:26:29,644 --> 00:26:33,148 You tell me. If they have a legitimate explanation, we want to hear it. 609 00:26:33,214 --> 00:26:36,195 (CHUCKLING) Well, they don't need to explain anything. Let's go. 610 00:26:36,251 --> 00:26:40,222 You're gonna need more than this printout and some half-baked theory. 611 00:26:44,826 --> 00:26:46,567 Some kind of practical joke? 612 00:26:46,628 --> 00:26:48,539 If it is, the cops aren't talking. 613 00:26:48,596 --> 00:26:49,733 You're sure it's them? 614 00:26:49,797 --> 00:26:51,777 It's the only plausible explanation. 615 00:26:51,832 --> 00:26:53,209 ADAM: Can you prove it? 616 00:26:53,500 --> 00:26:55,639 Their patrol car turned up negative for prints. 617 00:26:55,702 --> 00:26:57,272 We can't ID the car, or its occupants. 618 00:26:57,671 --> 00:26:59,275 We've got a good circumstantial case. 619 00:26:59,339 --> 00:27:01,216 And they're acting guilty as hell. 620 00:27:01,708 --> 00:27:03,710 All we need is another police scandal. 621 00:27:03,777 --> 00:27:05,085 (PHONE RINGING) 622 00:27:08,015 --> 00:27:09,153 McCoy. 623 00:27:11,051 --> 00:27:12,257 I'll tell him. 624 00:27:12,519 --> 00:27:15,557 Your secretary, Adam. The mayor's holding for you. 625 00:27:15,656 --> 00:27:16,999 She say what it's about? 626 00:27:17,057 --> 00:27:18,263 Smith and Flannery. 627 00:27:19,826 --> 00:27:21,931 Get a handle on this thing, Jack. 628 00:27:24,865 --> 00:27:25,935 What? 629 00:27:27,134 --> 00:27:29,478 Flannery's civilian complaint file is clean. 630 00:27:29,536 --> 00:27:32,106 He did manage to get himself a commendation. 631 00:27:32,171 --> 00:27:34,811 Smith has a commendation and two complaints. 632 00:27:34,874 --> 00:27:37,013 The first one was for excessive force. 633 00:27:37,076 --> 00:27:40,114 He pushed the girlfriend of a man he was arresting. Dismissed. 634 00:27:40,179 --> 00:27:42,125 Then his wife complained he was abusive. 635 00:27:42,181 --> 00:27:44,161 He was referred to peer counseling. 636 00:27:48,054 --> 00:27:50,125 You're not a doctor, Lieutenant Fernandez. 637 00:27:50,189 --> 00:27:52,465 We can subpoena you. There's no privilege. 638 00:27:53,292 --> 00:27:56,501 Go ahead. You really think I'd breach his confidence? 639 00:27:56,929 --> 00:27:58,772 I'm not interested in his marriage. 640 00:27:58,831 --> 00:28:01,277 Isn't there something you can tell me that might help the guy out? 641 00:28:02,401 --> 00:28:03,573 I can't get into that. 642 00:28:03,636 --> 00:28:05,240 A young man was murdered. 643 00:28:08,140 --> 00:28:10,381 People expect cops to be perfect. 644 00:28:10,943 --> 00:28:12,388 You got a split second to decide 645 00:28:12,445 --> 00:28:15,220 if a guy's going for his house keys, or a gun. 646 00:28:15,647 --> 00:28:17,627 It's not easy being on the job. 647 00:28:17,716 --> 00:28:19,320 And I am sympathetic to that, Lieutenant, 648 00:28:19,384 --> 00:28:20,658 but if Smith was coming here, 649 00:28:20,719 --> 00:28:22,960 he was obviously stressed out about something. 650 00:28:23,021 --> 00:28:24,261 (SIGHING) 651 00:28:29,261 --> 00:28:30,968 Between you and me, 652 00:28:31,963 --> 00:28:34,102 this thing's tearing him up inside. 653 00:28:36,134 --> 00:28:38,944 They kidnapped him and dropped him in Harlem. 654 00:28:39,237 --> 00:28:40,807 What kind of cops are they? 655 00:28:40,872 --> 00:28:42,510 By all accounts, average. 656 00:28:42,574 --> 00:28:44,417 Maybe something Michael said or did 657 00:28:44,476 --> 00:28:46,114 led to some misunderstanding. 658 00:28:46,178 --> 00:28:48,886 Did your son ever have any kind of run-in with the police? 659 00:28:48,947 --> 00:28:51,154 A few months ago, he got a parking ticket. 660 00:28:51,216 --> 00:28:52,286 Made a big scene. 661 00:28:52,350 --> 00:28:53,556 Because he was parked legally. 662 00:28:53,618 --> 00:28:56,064 It's only natural for kids that age to resent authority. 663 00:28:56,121 --> 00:28:57,794 Especially when it's wrong. 664 00:28:57,922 --> 00:28:59,094 What about at school? 665 00:28:59,156 --> 00:29:03,002 His guidance counselor told us he had a few detentions and a suspension. 666 00:29:03,193 --> 00:29:06,572 For one day. He was caught out of his room on a school trip. 667 00:29:06,630 --> 00:29:08,268 You're saying this was his fault? 668 00:29:08,332 --> 00:29:09,572 That's not what we're saying... 669 00:29:09,633 --> 00:29:12,079 When the police kill a black kid, this place goes crazy. 670 00:29:12,136 --> 00:29:13,979 When it's a white kid, you blame the victim. 671 00:29:14,038 --> 00:29:15,745 Our son was murdered. 672 00:29:16,006 --> 00:29:18,418 Aren't the police supposed to protect us? 673 00:29:20,945 --> 00:29:25,257 Why is the U.S. Attorney interested in a state murder prosecution? 674 00:29:25,316 --> 00:29:27,728 There are federal implications, Mr. McCoy. 675 00:29:27,785 --> 00:29:29,787 As long as the matter is being handled judiciously, 676 00:29:29,853 --> 00:29:31,423 the ball's in your court. 677 00:29:31,488 --> 00:29:35,026 We're prosecuting the young men responsible for the murder. 678 00:29:35,492 --> 00:29:38,405 And the officers who violated Michael Tobin's civil rights? 679 00:29:38,462 --> 00:29:42,375 We're planning to indict them for endangering and unlawful imprisonment. 680 00:29:42,966 --> 00:29:44,673 They'll be thrown off the force, 681 00:29:44,734 --> 00:29:46,680 might even do some felony jail time. 682 00:29:46,736 --> 00:29:48,215 That's not gonna cut it. 683 00:29:48,271 --> 00:29:49,648 It'll be perceived in certain quarters 684 00:29:49,706 --> 00:29:51,344 as an under-zealous prosecution. 685 00:29:51,407 --> 00:29:54,183 Perception? I thought we were in the criminal justice business. 686 00:29:54,243 --> 00:29:56,951 And the perception of justice being done. 687 00:29:57,013 --> 00:29:58,788 I'm not telling you how to run your office. 688 00:29:58,848 --> 00:30:01,351 But if the justice department isn't happy we're stepping in. 689 00:30:06,956 --> 00:30:08,458 Not gonna happen. 690 00:30:08,524 --> 00:30:10,697 It's a no-win situation, Adam. 691 00:30:10,993 --> 00:30:12,597 Let's do what we think is appropriate 692 00:30:12,662 --> 00:30:14,300 and let the chips fall where they may. 693 00:30:14,597 --> 00:30:17,737 Charge the cops with murder. Depraved indifference. 694 00:30:17,800 --> 00:30:19,643 They dropped the boy into a minefield. 695 00:30:19,902 --> 00:30:21,779 Harlem is a minefield? 696 00:30:21,838 --> 00:30:23,215 How's that going to play? 697 00:30:23,539 --> 00:30:27,179 You send two black kids to state prison for manslaughter, 698 00:30:27,476 --> 00:30:30,116 and you slap two cops on the wrists 699 00:30:30,178 --> 00:30:32,488 for putting the boy in their sights. 700 00:30:32,547 --> 00:30:33,719 How's that play? 701 00:30:34,650 --> 00:30:36,425 So politics as usual. 702 00:30:36,485 --> 00:30:38,055 The mayor's very concerned. 703 00:30:38,120 --> 00:30:41,294 The mayor is on board for going after two cops? 704 00:30:41,356 --> 00:30:44,496 The mayor wants peace and I'm gonna deliver it. 705 00:30:45,027 --> 00:30:47,166 The police force is out of control. 706 00:30:47,229 --> 00:30:50,005 Manipulating racial distrust for their own purposes. 707 00:30:50,065 --> 00:30:51,476 I won't be part of it. 708 00:30:54,636 --> 00:30:56,172 I'm with Adam on this one. 709 00:30:57,606 --> 00:31:00,086 Abner Louima, Diallo. 710 00:31:01,309 --> 00:31:03,414 It stops right here. Do it. 711 00:31:15,723 --> 00:31:19,261 CLERK: "Calendar numbers 54, 55, 56 and 57." 712 00:31:19,360 --> 00:31:21,465 Top count is murder in the second. 713 00:31:21,529 --> 00:31:23,600 Well, here's an interesting group. 714 00:31:23,831 --> 00:31:25,811 My clients plead not guilty. 715 00:31:25,866 --> 00:31:27,675 Mr. Cook and Mr. Weathers have accepted pleas 716 00:31:27,735 --> 00:31:29,180 to manslaughter in the first degree. 717 00:31:29,236 --> 00:31:30,271 What's the promise? 718 00:31:30,337 --> 00:31:31,748 Seven and a half-to-15. 719 00:31:32,406 --> 00:31:34,317 JUDGE: Set it down for their allocutions. 720 00:31:34,375 --> 00:31:35,979 You want bail on these officers? 721 00:31:36,043 --> 00:31:37,522 It's a murder charge, Your Honor. 722 00:31:37,578 --> 00:31:39,148 It is on paper. 723 00:31:39,213 --> 00:31:41,420 Fifty thousand, each defendant. 724 00:31:41,482 --> 00:31:42,722 They're ready to post, Your Honor. 725 00:31:46,921 --> 00:31:48,229 (RUCKUS) So, the D.A.'s office 726 00:31:48,289 --> 00:31:51,292 is trying to crucify two fine police officers. 727 00:31:51,357 --> 00:31:52,529 You're saying they're innocent? 728 00:31:52,592 --> 00:31:55,766 Absolutely. I mean, take a look at those people down there. 729 00:31:55,829 --> 00:31:57,706 The D.A.'s office is playing to the mob. 730 00:31:57,764 --> 00:32:00,938 Mr. McCoy? Care to comment on Mr. Riley's claim 731 00:32:01,000 --> 00:32:03,276 you're conducting a vendetta against the police? 732 00:32:03,336 --> 00:32:05,338 We're prosecuting two individuals 733 00:32:05,405 --> 00:32:09,717 who committed a crime, nothing more, nothing less. Now if you'll excuse us. 734 00:32:09,776 --> 00:32:11,449 Are these officers being charged to pacify 735 00:32:11,511 --> 00:32:12,854 the African American community? 736 00:32:12,912 --> 00:32:14,357 I just told you what we're doing. 737 00:32:14,414 --> 00:32:15,859 Did you make a deal with one of the men 738 00:32:15,915 --> 00:32:18,589 who admitted killing Michael Tobin in exchange for his testimony? 739 00:32:18,685 --> 00:32:21,529 No comment. Now, please, let us through. 740 00:32:22,055 --> 00:32:23,762 You having fun yet, McCoy? 741 00:32:23,823 --> 00:32:25,496 Is that how it's gonna go, Mr. Riley? 742 00:32:25,558 --> 00:32:27,697 Trying the whole case on the courthouse steps? 743 00:32:27,760 --> 00:32:30,934 And the courtroom. I'm moving to dismiss the indictment. 744 00:32:31,664 --> 00:32:33,609 (INDISTINCT SHOUTING) 745 00:32:35,501 --> 00:32:38,482 Depraved indifference murder requires the defendant 746 00:32:38,537 --> 00:32:42,986 recklessly engage in conduct which creates a grave risk of death. 747 00:32:43,242 --> 00:32:45,244 A grave risk of death, Judge. 748 00:32:45,310 --> 00:32:47,813 The people can't possibly prove that element of the crime. 749 00:32:47,880 --> 00:32:51,589 The officers knew there was a violent disturbance at 144th and Broadway 750 00:32:51,817 --> 00:32:53,763 due to a prior radio communication. 751 00:32:53,819 --> 00:32:56,857 Mr. McCoy is saying that Harlem is a dangerous weapon. 752 00:32:56,922 --> 00:32:59,129 I was under the impression it was a neighborhood. 753 00:32:59,191 --> 00:33:00,761 This is unmitigated racism. 754 00:33:00,826 --> 00:33:02,464 I'll decide what's racism here. 755 00:33:02,694 --> 00:33:05,641 You have to ignore these hot-button labels and look at the facts, Judge. 756 00:33:05,697 --> 00:33:07,904 White boy in Harlem's gonna wind up dead. 757 00:33:07,966 --> 00:33:09,877 Call it what you want, that's the People's case. 758 00:33:09,935 --> 00:33:12,006 JACK: These officers made a calculated decision. 759 00:33:12,070 --> 00:33:14,414 Out of the thousands of street corners in New York City, 760 00:33:14,473 --> 00:33:16,110 they picked this one. 761 00:33:16,174 --> 00:33:18,677 They may as well have painted a target on the young man's back. 762 00:33:18,743 --> 00:33:20,347 He was a target because he was white? 763 00:33:20,411 --> 00:33:23,085 Because the police branded him as a collaborator. 764 00:33:23,147 --> 00:33:24,888 They dropped him out of their marked car 765 00:33:24,949 --> 00:33:26,951 in the aftermath of a disturbance. 766 00:33:28,052 --> 00:33:30,362 It's hard to ignore that, Mr. Riley. 767 00:33:31,289 --> 00:33:33,098 You of all people, Judge... 768 00:33:34,659 --> 00:33:37,139 Don't try that on me, Mr. Riley. 769 00:33:37,195 --> 00:33:38,868 Your motion is denied. 770 00:33:42,633 --> 00:33:44,704 (WHISPERING) 771 00:33:51,442 --> 00:33:53,388 My clients want to talk. 772 00:33:53,444 --> 00:33:56,288 Before or after your spin session with the media? 773 00:33:57,014 --> 00:33:59,789 You hear what they have to say, I'll keep my mouth shut. 774 00:34:03,186 --> 00:34:05,291 Now this is off the record, right? 775 00:34:06,022 --> 00:34:09,799 We're not looking to sandbag your clients into an admission. 776 00:34:10,594 --> 00:34:12,835 Now, what happened in Harlem was nothing more 777 00:34:12,896 --> 00:34:15,240 than a tragic lapse of judgment. 778 00:34:15,665 --> 00:34:18,839 If that's true, we're prepared to take it into account. 779 00:34:19,970 --> 00:34:22,041 Can you be a little more specific? 780 00:34:23,874 --> 00:34:26,548 If you can convince me this wasn't malicious, 781 00:34:27,010 --> 00:34:28,421 we'll consider man two. 782 00:34:30,113 --> 00:34:33,185 It's still jail time. Maybe we should just take our chances. 783 00:34:33,250 --> 00:34:35,696 Earl, you got nothing to lose by putting it on the table. 784 00:34:35,752 --> 00:34:37,959 I got a bad feeling about this, Smitty. 785 00:34:42,558 --> 00:34:43,798 (SIGHING) 786 00:34:46,595 --> 00:34:50,133 The kid was driving erratically, so we decided to check him out. 787 00:34:51,166 --> 00:34:53,976 There was the odor of marijuana in his car. 788 00:34:55,771 --> 00:34:57,773 We tossed him, but he was clean. 789 00:34:57,840 --> 00:35:00,548 Then the kid started giving us attitude. (SCOFFS) 790 00:35:00,709 --> 00:35:03,553 Big mouth preppie in his 40,000 dollar car. 791 00:35:03,913 --> 00:35:06,291 Like he had a right to break the law. 792 00:35:06,348 --> 00:35:07,520 You know what he said? 793 00:35:09,318 --> 00:35:13,027 "Why don't you go up to Harlem and arrest some real criminals?" 794 00:35:15,157 --> 00:35:17,831 Me and Smitty decided to teach him a lesson. 795 00:35:17,893 --> 00:35:19,304 We never thought... 796 00:35:19,361 --> 00:35:20,965 It was just stupid. 797 00:35:22,198 --> 00:35:23,836 Stupid and wrong. 798 00:35:28,503 --> 00:35:30,141 What do you say, McCoy? 799 00:35:37,412 --> 00:35:39,153 Man two. Five-to-10. 800 00:35:42,183 --> 00:35:44,561 And you recommend protective custody? Mmm-hmm. 801 00:35:47,021 --> 00:35:48,398 Mr. McCoy, 802 00:35:50,158 --> 00:35:52,695 will you tell the kid's parents we're sorry? 803 00:35:53,962 --> 00:35:56,169 You can do that yourself 804 00:35:56,497 --> 00:35:58,306 when we take your plea. 805 00:36:06,608 --> 00:36:07,881 Five years? 806 00:36:08,008 --> 00:36:11,012 I knew you wouldn't be happy, Adam, but it's the right thing to do. 807 00:36:11,078 --> 00:36:12,819 They're responsible for the boy's death. 808 00:36:12,879 --> 00:36:14,916 They made a bad decision in the heat of the moment. 809 00:36:15,282 --> 00:36:16,727 I wanted top count here. 810 00:36:17,184 --> 00:36:19,061 They're saying it was an accident. 811 00:36:19,119 --> 00:36:21,622 The same reason Cook and Weathers got manslaughter. 812 00:36:21,722 --> 00:36:23,861 Smith and Flannery wear the uniform. 813 00:36:23,924 --> 00:36:25,369 They're supposed to know better. 814 00:36:26,360 --> 00:36:28,863 For all we know, they still have the feds to deal with. 815 00:36:28,929 --> 00:36:31,637 I'm not passing the buck to the justice department. 816 00:36:31,865 --> 00:36:33,970 So you sacrifice a couple of lambs? 817 00:36:35,202 --> 00:36:37,443 Your deal is throwing gas on a fire. 818 00:36:40,173 --> 00:36:41,880 I can't go back on my word. 819 00:36:42,342 --> 00:36:44,788 This city is bigger than your word. 820 00:36:44,845 --> 00:36:47,621 The police are gonna think twice before they pull a stunt like this again. 821 00:36:47,748 --> 00:36:50,091 You go back, you tell them the deal is off. 822 00:36:54,553 --> 00:36:56,089 MR. RILEY: We had a deal. 823 00:36:56,155 --> 00:36:57,566 I'm sorry. 824 00:36:57,623 --> 00:36:59,625 Is that code for, "I changed my mind?" 825 00:36:59,692 --> 00:37:00,796 It's out of my hands. 826 00:37:00,860 --> 00:37:03,898 Ah. So Adam Schiff is going for the jugular. 827 00:37:03,963 --> 00:37:06,068 I thought you had some juice over there, McCoy. 828 00:37:06,132 --> 00:37:08,169 It's not that simple, Mr. Riley. 829 00:37:08,234 --> 00:37:10,510 You reneging on my clients' statements, too? 830 00:37:10,569 --> 00:37:12,674 Don't worry. I won't try to admit them. 831 00:37:13,305 --> 00:37:15,046 What about your boss? 832 00:37:15,274 --> 00:37:17,083 (SCOFFS) I mean, if that's the way he's playing it, 833 00:37:17,143 --> 00:37:18,713 I'm moving to change venue to Albany. 834 00:37:18,911 --> 00:37:22,290 You think the Appellate Division will move this case out of Manhattan? 835 00:37:22,348 --> 00:37:25,886 Cooler heads up North, McCoy. Do you get my drift? 836 00:37:31,557 --> 00:37:32,899 They lost the dismissal motion. 837 00:37:32,957 --> 00:37:34,834 Change of venue is a "Hail Mary." 838 00:37:34,893 --> 00:37:36,634 I think it's a close call. 839 00:37:36,695 --> 00:37:39,107 You try this in Albany, they'll walk. 840 00:37:40,064 --> 00:37:43,136 You really think we need the home field advantage? 841 00:37:44,235 --> 00:37:47,114 Last time an Albany jury convicted a cop, 842 00:37:47,372 --> 00:37:49,181 I had a full head of black hair. 843 00:37:49,507 --> 00:37:50,850 It's not Simi Valley. 844 00:37:50,909 --> 00:37:54,356 It's not Manhattan. If there's a melting pot, this is it. 845 00:37:54,879 --> 00:37:57,621 A melting pot? It's more like a recipe for a conviction. 846 00:37:57,682 --> 00:37:59,059 Half the city hates the cops, 847 00:37:59,117 --> 00:38:01,461 the other half has never been north of 96th street. 848 00:38:01,519 --> 00:38:02,862 You moonlighting for the PBA? 849 00:38:02,921 --> 00:38:05,197 No, but enough is enough. 850 00:38:06,424 --> 00:38:08,461 We're not trying this in Albany. 851 00:38:17,768 --> 00:38:20,544 The Supreme Court has held that a defendant is entitled 852 00:38:20,604 --> 00:38:25,110 to a trial that is not dominated by a wave of public passion, 853 00:38:25,175 --> 00:38:28,054 and is not overwhelmed by press coverage. 854 00:38:29,046 --> 00:38:32,255 But this is exactly what's happening in this case, Your Honor. 855 00:38:33,050 --> 00:38:35,291 On the heels of two highly publicized 856 00:38:35,352 --> 00:38:37,525 police brutality cases in this city, 857 00:38:37,588 --> 00:38:41,001 my clients are presumed to be guilty instead of innocent. 858 00:38:41,058 --> 00:38:43,971 What's the relevance of these other matters, Counselor? 859 00:38:44,027 --> 00:38:46,507 Those cases set the tenor, Your Honor. 860 00:38:47,598 --> 00:38:50,408 Let's take a look at the press coverage that this is getting. 861 00:38:50,834 --> 00:38:55,249 Two officers walking a terrified white student down an uptown street. 862 00:38:55,772 --> 00:38:58,082 They're calling it, "A Harlem field trip." 863 00:38:58,142 --> 00:39:01,122 Over 1,900 references to the Tobin case in the print media, 864 00:39:01,177 --> 00:39:03,020 never mind local radio and TV. 865 00:39:03,346 --> 00:39:06,293 Any attempt to select an impartial jury in this jurisdiction 866 00:39:06,349 --> 00:39:08,920 is just a waste of everybody's time. 867 00:39:09,385 --> 00:39:10,591 Thank you. 868 00:39:15,792 --> 00:39:18,363 What's different in Albany? One thing. 869 00:39:19,028 --> 00:39:23,067 The courts there are a haven for police officers who break the law. 870 00:39:23,399 --> 00:39:27,279 The fact of the matter is, this was an equal opportunity crime. 871 00:39:27,336 --> 00:39:29,373 A black cop and a white cop 872 00:39:29,438 --> 00:39:31,941 overstepped their authority and it resulted in a murder. 873 00:39:32,608 --> 00:39:36,420 Are you suggesting that this incident doesn't arouse racial passions, Mr. McCoy? 874 00:39:36,512 --> 00:39:38,116 Wherever the case is tried, 875 00:39:38,181 --> 00:39:41,424 potential jurors come to jury duty with ideological baggage. 876 00:39:41,616 --> 00:39:43,653 Don't you think that this "baggage," as you put it, 877 00:39:43,718 --> 00:39:45,391 weighs a lot more in New York City? 878 00:39:45,453 --> 00:39:48,434 The point is, the passions in our community run the gamut. 879 00:39:48,490 --> 00:39:50,970 Do you dispute the point that the jury pool in Albany 880 00:39:51,026 --> 00:39:55,031 has been far less influenced by prior events and media coverage? 881 00:39:55,097 --> 00:39:56,303 No, I'll concede that point. 882 00:39:56,364 --> 00:39:58,537 But let's at least make the attempt 883 00:39:58,600 --> 00:40:01,240 to pick a fair jury in New York City before the court orders 884 00:40:01,303 --> 00:40:03,579 the drastic remedy of changing venue. 885 00:40:07,275 --> 00:40:10,085 Mr. McCoy has acknowledged the intensity 886 00:40:10,145 --> 00:40:12,716 of the public clamor that surrounds this case. 887 00:40:12,781 --> 00:40:15,091 And this court would be remiss to ignore it. 888 00:40:15,884 --> 00:40:19,957 If we choose to postpone our ruling, pending jury selection, 889 00:40:20,355 --> 00:40:23,700 the attention this matter receives will only increase. 890 00:40:24,192 --> 00:40:26,000 Let's get it right the first time. 891 00:40:26,227 --> 00:40:29,231 The court will err on the side of caution. 892 00:40:29,830 --> 00:40:33,073 The matter is transferred to the Supreme Court of the county of Albany. 893 00:40:33,734 --> 00:40:35,270 (INDIGNANT UPROAR) 894 00:40:35,970 --> 00:40:37,472 (JUDGE POUNDING GAVEL) 895 00:40:37,972 --> 00:40:40,851 Order! Order in the court! 896 00:40:50,117 --> 00:40:52,393 MAN: Mr. McCoy, care to comment on the court's decision? 897 00:40:52,453 --> 00:40:54,626 There's been enough said and written about this case. 898 00:40:54,688 --> 00:40:56,964 I won't take part in the feeding frenzy. 899 00:40:57,024 --> 00:40:58,697 Do you think you can get a fair shake in Albany? 900 00:40:58,759 --> 00:41:01,603 I answered that inside. Now, if you'll excuse me. 901 00:41:01,662 --> 00:41:03,505 Wait. One more question, please. 902 00:41:03,797 --> 00:41:05,470 Springtime in Albany. 903 00:41:05,532 --> 00:41:07,340 Maybe I'll meet a nice bureaucrat. 904 00:41:07,734 --> 00:41:09,736 Don't book the reception hall yet. 905 00:41:09,802 --> 00:41:11,543 There's no appeal, Jack. 906 00:41:11,604 --> 00:41:14,676 There's always the intervention of a higher authority. 907 00:41:16,342 --> 00:41:18,845 You concede the point? You played right into their hands. 908 00:41:18,912 --> 00:41:20,983 I was trying to salvage a draw from a defeat. 909 00:41:21,047 --> 00:41:25,621 You needed to tell them that a fair jury can be selected here. You blinked. 910 00:41:25,718 --> 00:41:27,254 It may seem like that on the cold record, Adam... 911 00:41:27,320 --> 00:41:30,164 Don't humor me. You tanked the motion 912 00:41:30,256 --> 00:41:33,726 because you had to protect your own precious credibility. 913 00:41:34,727 --> 00:41:36,468 We'll talk about it when I come back from Albany. 914 00:41:36,529 --> 00:41:38,531 Nobody's going to Albany. 915 00:41:39,399 --> 00:41:42,505 You're gonna get down on your hands and knees, you're gonna make that deal. 916 00:41:50,509 --> 00:41:53,752 If it was worth five-to-10 before, maybe it's worth probation now. 917 00:41:53,812 --> 00:41:56,759 Manhattan or not, it's still a murder case. 918 00:41:56,815 --> 00:41:57,987 A dead one. 919 00:41:59,384 --> 00:42:01,660 Adam Schiff got it right back in his face. 920 00:42:01,720 --> 00:42:03,791 You underestimate me, Mr. Riley. 921 00:42:03,855 --> 00:42:06,461 You underestimate the good citizens of Albany. 922 00:42:06,525 --> 00:42:09,768 Bring your gangbanger witness up to Volvo-land. See how far you get. 923 00:42:09,828 --> 00:42:11,603 My father was a cop, Mr. Riley. 924 00:42:11,663 --> 00:42:14,200 I think I know how to reach these people. 925 00:42:14,766 --> 00:42:17,178 I think they'll identify with the victim, 926 00:42:17,436 --> 00:42:18,915 not your clients. 927 00:42:19,004 --> 00:42:20,347 MR. RILEY: You're playing the race card? 928 00:42:20,405 --> 00:42:22,316 JACK: I'm making an observation. 929 00:42:22,374 --> 00:42:23,785 What if we don't want atrial? 930 00:42:23,842 --> 00:42:25,947 Don't get cold feet now, Earl. 931 00:42:30,148 --> 00:42:33,651 Yeah, man, don't sweat it. This is going upstate. 932 00:42:35,353 --> 00:42:37,333 Maybe that's good for you. 933 00:42:37,388 --> 00:42:40,926 Forget black and white. All these people see is blue. 934 00:42:41,559 --> 00:42:44,039 Is that why you became a cop, Officer Smith? 935 00:42:44,996 --> 00:42:46,907 To hide behind the uniform? 936 00:42:48,199 --> 00:42:49,735 No, it's not. 937 00:42:50,768 --> 00:42:53,146 You've already ruined your career. 938 00:42:54,338 --> 00:42:56,375 You go down for murder, 939 00:42:57,241 --> 00:42:59,778 you're looking at 25-to-life. 940 00:43:05,983 --> 00:43:07,826 What if we make a deal? 941 00:43:12,323 --> 00:43:13,859 Four-to-12. 942 00:43:15,259 --> 00:43:16,601 Three-to-nine. 943 00:43:17,827 --> 00:43:20,000 Or we start shopping for hotel rooms. 944 00:43:46,756 --> 00:43:50,033 The Smith and Flannery file, in case the feds come knocking. 945 00:43:50,093 --> 00:43:52,869 Cook and Weathers were sentenced. The case is off the front page. 946 00:43:52,929 --> 00:43:55,000 Yeah. Till the next one.