1 00:00:09,444 --> 00:00:09,661 . 2 00:00:09,705 --> 00:00:11,489 - In the criminal justice system, 3 00:00:11,533 --> 00:00:12,795 the people are represented 4 00:00:12,838 --> 00:00:15,189 by two separate, yet equally important groups: 5 00:00:15,232 --> 00:00:17,017 the police, who investigate crime, 6 00:00:17,060 --> 00:00:19,889 and the district attorneys, who prosecute the offenders. 7 00:00:19,932 --> 00:00:21,760 These are their stories. 8 00:00:25,895 --> 00:00:27,070 - Hey, you! 9 00:00:27,114 --> 00:00:28,724 Hey! Hold on a minute! 10 00:00:28,767 --> 00:00:29,942 Hands in the air! - Oh, hey! Wait! Whoa! 11 00:00:29,986 --> 00:00:31,248 - Now! - Hey, guys! 12 00:00:31,292 --> 00:00:32,858 Whoa! On a job! 13 00:00:32,902 --> 00:00:35,078 I'm headed to a murder scene right around the corner. 14 00:00:35,122 --> 00:00:36,514 - And what'd I say about those hands? 15 00:00:36,558 --> 00:00:39,039 - Officer, they're still in the air, OK? 16 00:00:39,082 --> 00:00:41,302 I'm a detective with the 2-7. 17 00:00:41,345 --> 00:00:43,086 - Hey, get on the ground. - There's no need for that. 18 00:00:43,130 --> 00:00:44,174 You gotta listen to what I'm saying. 19 00:00:44,218 --> 00:00:45,784 - You heard him. Down on the ground. 20 00:00:45,828 --> 00:00:46,959 Do it now. 21 00:00:47,003 --> 00:00:47,960 - You can put the weapon down. 22 00:00:48,004 --> 00:00:50,137 I'm with the 2-7. I'm a detective. 23 00:00:50,180 --> 00:00:51,660 My shield is in my coat. 24 00:00:51,703 --> 00:00:55,664 I'm just gonna show you my shield, OK? 25 00:00:55,707 --> 00:00:57,448 This doesn't have to escalate. - Don't do it. 26 00:00:57,492 --> 00:00:59,015 - Hey! Hey! - No, listen! 27 00:00:59,059 --> 00:01:00,538 Listen to me! - Calm down! 28 00:01:00,582 --> 00:01:02,062 - You're making a mistake! - Stand still! 29 00:01:02,105 --> 00:01:03,628 - Stop moving! Comply! - Hey! Hey! Hey! 30 00:01:03,672 --> 00:01:05,152 What the hell are you doing? What the hell are you doing? 31 00:01:05,194 --> 00:01:07,806 That's my partner! We're on the job! 32 00:01:07,850 --> 00:01:09,547 We're detectives of the 2-7! 33 00:01:09,591 --> 00:01:10,983 Get off him! - Get the hell off me! 34 00:01:11,027 --> 00:01:12,289 - Hey, back off! - That's my partner! 35 00:01:12,333 --> 00:01:13,289 - What the hell is wrong with you? 36 00:01:13,334 --> 00:01:14,639 - What's wrong with us? - Idiot! 37 00:01:14,683 --> 00:01:16,380 Idiot! What is wrong with you? 38 00:01:16,424 --> 00:01:18,208 Why? Why? - Easy, easy, easy, easy. 39 00:01:18,252 --> 00:01:19,383 - What's wrong with you, you idiot? 40 00:01:19,426 --> 00:01:20,993 - We thought he was a murder suspect! 41 00:01:21,037 --> 00:01:23,692 - Why? Why did you think that? - Jalen, easy. Easy. 42 00:01:23,735 --> 00:01:24,867 - Did you see what he just did? - Yes, I did. 43 00:01:24,910 --> 00:01:26,390 - Hey, a lot of people say they're cops. 44 00:01:26,434 --> 00:01:27,565 - Do they have a badge? 45 00:01:27,609 --> 00:01:29,263 - It's just a misunderstanding, OK? 46 00:01:29,306 --> 00:01:30,916 - We're just trying to do our jobs, bro. 47 00:01:30,960 --> 00:01:33,223 - Yeah, doing our jobs. - Taking your badges down. 48 00:01:33,267 --> 00:01:34,789 - Don't do that. Come on. - That's not your job! 49 00:01:34,833 --> 00:01:36,705 - Guys, get out of here. - This is not over. 50 00:01:36,747 --> 00:01:38,750 - I said get out of here! - Hey, you're gonna be sorry! 51 00:01:38,794 --> 00:01:41,449 - We're gonna be sorry, huh? - You're gonna be sorry! 52 00:01:41,491 --> 00:01:44,452 - Just walk away! - Get the hell out of here! 53 00:01:44,495 --> 00:01:46,932 Jalen. Jalen, easy, easy. 54 00:01:46,976 --> 00:01:50,152 I know. Easy. 55 00:01:50,197 --> 00:01:53,025 You good? 56 00:01:53,069 --> 00:01:54,462 - Yeah. 57 00:01:54,505 --> 00:01:57,420 Just another day in paradise. 58 00:02:01,033 --> 00:02:04,776 [dramatic music] 59 00:02:04,820 --> 00:02:11,348 ♪ 60 00:02:48,168 --> 00:02:50,735 - Likely cause of death is blunt force trauma to the head. 61 00:02:50,779 --> 00:02:53,738 - Ooh, smells like he took a bath in merlot. 62 00:02:53,781 --> 00:02:57,699 - That bottle is probably the murder weapon. 63 00:02:57,742 --> 00:02:59,004 - You think? 64 00:02:59,048 --> 00:03:00,658 Bag that. 65 00:03:00,702 --> 00:03:03,313 Get it over to the lab. Check the DNA. 66 00:03:03,357 --> 00:03:05,924 - Any witnesses? - None so far. 67 00:03:07,535 --> 00:03:08,797 - Who found the body? 68 00:03:08,840 --> 00:03:10,364 - A sanitation worker. 69 00:03:10,407 --> 00:03:12,975 - A lot of door cams on this block. 70 00:03:13,018 --> 00:03:14,933 Get a video canvass of the area as well. 71 00:03:14,977 --> 00:03:18,894 - Oh, the killer left a $5,000 watch. 72 00:03:18,937 --> 00:03:20,374 And his cell phone. 73 00:03:20,417 --> 00:03:22,332 Not a robbery. 74 00:03:22,376 --> 00:03:24,856 - Is that the wallet? - Yeah. 75 00:03:28,643 --> 00:03:30,384 - Still got cash and credit cards. 76 00:03:30,427 --> 00:03:32,341 Darian Marshall, MD. 77 00:03:32,386 --> 00:03:34,126 - A doctor. 78 00:03:34,170 --> 00:03:36,041 - What's that Bible saying? 79 00:03:36,085 --> 00:03:40,220 He saved others, but he couldn't save himself. 80 00:03:52,101 --> 00:03:54,059 - Hey. 81 00:03:54,103 --> 00:03:55,800 How's it going? 82 00:03:58,629 --> 00:04:00,805 - What are you doing here? - Peace offering. 83 00:04:00,849 --> 00:04:02,546 - [scoffs] 84 00:04:02,590 --> 00:04:04,156 - I came here to apologize. 85 00:04:04,200 --> 00:04:05,854 - Yeah, I see that. 86 00:04:05,897 --> 00:04:07,856 - You're not much for small talk. 87 00:04:07,899 --> 00:04:10,293 - Correct. 88 00:04:10,337 --> 00:04:11,425 - OK. 89 00:04:13,122 --> 00:04:15,516 I'm up for detective. 90 00:04:15,559 --> 00:04:17,605 You filing a complaint against me is not going to help, 91 00:04:17,648 --> 00:04:20,999 so I'm asking you to look past 92 00:04:21,043 --> 00:04:25,395 my unfortunate and emotional reaction to the situation. 93 00:04:25,439 --> 00:04:27,441 We were looking for a killer. 94 00:04:27,484 --> 00:04:29,007 Tensions were high. 95 00:04:29,051 --> 00:04:31,662 - Yeah. Then along came a big, strapping brother, 96 00:04:31,706 --> 00:04:33,403 so he'll do, right? - That's not what I-- 97 00:04:33,447 --> 00:04:36,667 - You had your guns drawn, pointed at me. 98 00:04:36,711 --> 00:04:38,713 You didn't even give me a chance to show you my badge. 99 00:04:38,756 --> 00:04:40,497 - We thought we were staring down the suspect 100 00:04:40,541 --> 00:04:41,759 of a murder investigation. - No, no, no, no, no. 101 00:04:41,803 --> 00:04:44,371 You knew you were looking at a Black man, 102 00:04:44,414 --> 00:04:45,763 and you assumed 103 00:04:45,807 --> 00:04:47,896 that he was a subject of a murder investigation. 104 00:04:47,939 --> 00:04:50,464 For all you knew, it could have been a 5' white woman. 105 00:04:50,507 --> 00:04:51,987 - It's always about race. 106 00:04:52,030 --> 00:04:54,772 - It always is with you guys, isn't it? 107 00:04:54,816 --> 00:04:56,165 - Do what you gotta do, Detective, 108 00:04:56,207 --> 00:04:58,646 but I'd think real hard about your next move. 109 00:05:01,736 --> 00:05:03,346 - You threatening me? 110 00:05:03,390 --> 00:05:06,741 - I'm just saying, this is the brotherhood. 111 00:05:06,784 --> 00:05:09,352 Brotherhood based on the color blue. 112 00:05:20,320 --> 00:05:23,105 - Victim is a heart surgeon. As of now, no witnesses. 113 00:05:23,148 --> 00:05:25,194 - Video? - Nothing so far. 114 00:05:25,237 --> 00:05:27,239 - Any indication it was a mugging? 115 00:05:27,283 --> 00:05:29,851 - Victim had a wallet full of cash in his pocket 116 00:05:29,894 --> 00:05:31,983 and expensive jewelry on, so I don't think so. 117 00:05:32,027 --> 00:05:33,855 - Maybe it was a drug deal gone bad. 118 00:05:33,898 --> 00:05:37,641 - It's possible, but he was a cardiothoracic surgeon, 119 00:05:37,685 --> 00:05:39,339 so why-- 120 00:05:42,603 --> 00:05:46,520 - Just riffing here, Jalen. 121 00:05:46,563 --> 00:05:50,219 - Not a lot of trafficking in that area, Lieu. 122 00:05:50,262 --> 00:05:51,829 There was no paraphernalia 123 00:05:51,873 --> 00:05:54,615 or residue in the victim's possessions, 124 00:05:54,658 --> 00:05:57,313 and there was no drugs or alcohol in his system. 125 00:05:57,357 --> 00:05:59,054 - ME give a time of death? - Yeah. 126 00:05:59,097 --> 00:06:01,404 Sometime between 9:00 p.m. and midnight. 127 00:06:01,448 --> 00:06:02,405 - What else do we know about the vic? 128 00:06:02,449 --> 00:06:03,667 - Divorced. 129 00:06:03,711 --> 00:06:05,277 Lived and worked in the Upper East Side. 130 00:06:05,321 --> 00:06:07,279 - Any reason why he was down in the meatpacking district? 131 00:06:07,323 --> 00:06:09,499 - Not yet, but we are running his financials. 132 00:06:09,543 --> 00:06:10,935 - Put together a timeline. 133 00:06:10,979 --> 00:06:12,894 We'll start at the hospital where he worked. 134 00:06:22,556 --> 00:06:25,689 - Down to earth, friendly. 135 00:06:25,733 --> 00:06:28,300 Dr. Marshall was one of the good ones. 136 00:06:28,344 --> 00:06:32,000 Always made a point of asking about my wife and kids. 137 00:06:34,089 --> 00:06:35,525 There it is. 138 00:06:37,092 --> 00:06:40,182 - Time stamp says he left at 7:42 p.m. 139 00:06:40,225 --> 00:06:41,531 - Look at that guy. 140 00:06:41,575 --> 00:06:43,446 He seems to be following Dr. Marshall. 141 00:06:43,490 --> 00:06:45,405 - Do you have any video from outside? 142 00:06:45,448 --> 00:06:46,971 - Check it out. 143 00:06:47,015 --> 00:06:49,539 - Yeah, Marshall's talking to that guy. 144 00:06:49,582 --> 00:06:51,236 - Who is he? 145 00:06:51,280 --> 00:06:52,977 - His name's Hopkins. 146 00:06:53,021 --> 00:06:56,024 He's a doctor. 147 00:06:56,067 --> 00:06:58,330 - Thank you. 148 00:06:58,374 --> 00:07:00,463 - I heard what happened. 149 00:07:00,507 --> 00:07:03,292 Tragic. A real loss. 150 00:07:03,335 --> 00:07:06,643 But I'm not sure how I can help. 151 00:07:06,687 --> 00:07:08,863 - Dr. Hopkins, is there anyone you can think of 152 00:07:08,906 --> 00:07:10,952 who wanted to hurt him? - No. 153 00:07:12,562 --> 00:07:14,172 I may not be the right person to ask. 154 00:07:14,216 --> 00:07:15,913 I didn't know him that well. 155 00:07:15,957 --> 00:07:19,569 - You worked together for a couple of years. 156 00:07:19,613 --> 00:07:22,050 - Yeah. How did you two get along? 157 00:07:22,093 --> 00:07:24,966 - We were cordial. 158 00:07:26,794 --> 00:07:28,491 If I think of anything, I'll let you know. 159 00:07:28,535 --> 00:07:29,753 I need to get back to my patients. 160 00:07:29,797 --> 00:07:32,277 - Oh, according to the chief of surgery, 161 00:07:32,321 --> 00:07:34,409 you're not allowed to see patients anymore, right? 162 00:07:34,454 --> 00:07:36,107 You're on administrative duty. 163 00:07:36,151 --> 00:07:39,023 - And we understand that Dr. Marshall had something 164 00:07:39,067 --> 00:07:41,025 to do with that. 165 00:07:41,069 --> 00:07:43,027 - I think I'd like to contact my attorney. 166 00:07:43,071 --> 00:07:46,248 - I think that attorney should meet you down to the precinct. 167 00:07:50,207 --> 00:07:51,775 - We got you on video 168 00:07:51,819 --> 00:07:54,299 two hours before Dr. Marshall was killed. 169 00:07:54,343 --> 00:07:56,780 You were yelling at him. You shoved him into a wall. 170 00:07:56,824 --> 00:07:58,695 - Plus, we know that Dr. Marshall 171 00:07:58,739 --> 00:08:01,132 was accusing you of misconduct. 172 00:08:01,176 --> 00:08:02,699 Said that you were 173 00:08:02,743 --> 00:08:05,485 performing unnecessary bypass surgeries on patients. 174 00:08:05,528 --> 00:08:07,791 - Dr. Hopkins will be fully exonerated. 175 00:08:07,835 --> 00:08:09,880 - Dr. Marshall was scheduled to testify against you. 176 00:08:09,924 --> 00:08:11,752 - I've done nothing wrong. 177 00:08:11,795 --> 00:08:13,667 I present the pros and cons of the surgery, 178 00:08:13,710 --> 00:08:16,147 and patients made their own risk assessments. 179 00:08:16,191 --> 00:08:18,498 Marshall's patients didn't trust him. 180 00:08:18,541 --> 00:08:21,718 A lot of them ended up coming to me for second opinions. 181 00:08:21,762 --> 00:08:23,894 - So Dr. Marshall cooked up a bunch of lies 182 00:08:23,938 --> 00:08:25,809 to make himself look better. 183 00:08:25,853 --> 00:08:28,377 - The Department of Public Health might beg to differ. 184 00:08:28,420 --> 00:08:30,161 - Come on. 185 00:08:30,205 --> 00:08:32,642 Clearly, you had a bone to pick with the man. 186 00:08:32,686 --> 00:08:35,036 - You're right. I couldn't stand him. 187 00:08:35,078 --> 00:08:37,821 He was sanctimonious, butted into everyone's business, 188 00:08:37,865 --> 00:08:39,431 but that doesn't mean I killed him. 189 00:08:39,475 --> 00:08:42,522 - Where'd you go that night after you left the hospital? 190 00:08:42,565 --> 00:08:43,957 - A theater. 191 00:08:46,047 --> 00:08:49,006 - Dr. Hopkins's alibi checks out. 192 00:08:49,050 --> 00:08:50,660 - He went to the theater with his wife. 193 00:08:50,704 --> 00:08:53,837 Saw "Othello," in case you were wondering. 194 00:08:53,881 --> 00:08:56,318 Then they had dinner, car service home. 195 00:08:56,361 --> 00:08:58,886 So I got ticket stubs, credit card receipts, and video. 196 00:08:58,929 --> 00:09:00,714 - I just got into the victim's phone. 197 00:09:00,757 --> 00:09:02,716 The last time he used it was for a rideshare app. 198 00:09:02,759 --> 00:09:05,806 Car picked him up at Mercy General at 7:48 p.m. 199 00:09:05,849 --> 00:09:07,590 - Where'd he go? - A condo building 200 00:09:07,634 --> 00:09:09,592 two blocks from the crime scene. 201 00:09:09,636 --> 00:09:10,680 - On our way. 202 00:09:10,724 --> 00:09:12,116 Nice work, Yee. 203 00:09:12,160 --> 00:09:14,771 - Thanks. 204 00:09:14,815 --> 00:09:16,643 - So you made up your mind? 205 00:09:16,686 --> 00:09:18,645 You gonna file the report? 206 00:09:18,688 --> 00:09:20,951 - Not sure. 207 00:09:20,995 --> 00:09:23,475 Any words of wisdom you wanna impart? 208 00:09:23,519 --> 00:09:25,216 - Nothing you haven't heard before. 209 00:09:25,260 --> 00:09:27,436 Blue wall. Brotherhood. 210 00:09:27,479 --> 00:09:30,004 Best to resolve these things off the record. 211 00:09:30,047 --> 00:09:33,050 You know, all those cop clichés. 212 00:09:33,094 --> 00:09:35,923 But they are clichés for a reason. 213 00:09:35,966 --> 00:09:37,664 - You're not saying I should turn the other cheek, are you? 214 00:09:37,707 --> 00:09:40,144 - I'm saying that cops have long memories. 215 00:09:40,188 --> 00:09:41,450 But I'm white. 216 00:09:41,493 --> 00:09:43,321 Things like that never happen to guys like me. 217 00:09:43,365 --> 00:09:45,628 - Nope. - But... 218 00:09:49,414 --> 00:09:52,635 If you wanna press charges and roll these pricks up, 219 00:09:52,679 --> 00:09:54,724 I got your back till the end. 220 00:09:54,768 --> 00:09:56,334 - Appreciate that, Frank. 221 00:10:05,735 --> 00:10:05,909 . 222 00:10:05,953 --> 00:10:08,651 - Darian and I had our issues, but he was a good man. 223 00:10:08,695 --> 00:10:10,522 Worked really hard to get where he was. 224 00:10:10,566 --> 00:10:12,960 He was a great father too. 225 00:10:13,003 --> 00:10:14,875 Please. - Thank you. 226 00:10:14,918 --> 00:10:16,703 When did you two split up? 227 00:10:18,661 --> 00:10:21,446 - We finalized the divorce a couple months ago. 228 00:10:21,490 --> 00:10:24,058 - And why did he come by here last night? 229 00:10:24,101 --> 00:10:27,017 - He came to see our daughter. We just moved in. 230 00:10:27,061 --> 00:10:28,366 Darian had never been here before. 231 00:10:28,410 --> 00:10:30,673 - And how long did he stay? 232 00:10:30,717 --> 00:10:33,676 - About an hour. We all had dinner together. 233 00:10:33,720 --> 00:10:35,852 - Did he happen to mention where he was going afterwards? 234 00:10:35,896 --> 00:10:38,289 - No. 235 00:10:38,333 --> 00:10:40,378 I kind of rushed him out of here. 236 00:10:40,422 --> 00:10:45,122 My new boyfriend was coming over, and he... 237 00:10:45,165 --> 00:10:46,907 I didn't want any drama. 238 00:10:46,950 --> 00:10:49,257 - What? Those two don't get along? 239 00:10:49,300 --> 00:10:50,562 - No. 240 00:10:50,606 --> 00:10:53,870 Greg, my boyfriend, he gets jealous. 241 00:10:53,914 --> 00:10:58,701 - So Darian leaves, and then your boyfriend comes over? 242 00:10:58,745 --> 00:11:00,050 - Yeah. 243 00:11:00,094 --> 00:11:02,662 But he saw there were three plates in the sink, 244 00:11:02,705 --> 00:11:05,752 knew Darian had just been here, and he left. 245 00:11:05,795 --> 00:11:09,016 - He just left because there were three plates in the sink? 246 00:11:09,059 --> 00:11:11,540 - Like I said, he gets jealous of Darian. 247 00:11:11,583 --> 00:11:13,803 - And how long did he stay? 248 00:11:13,847 --> 00:11:15,326 - I don't know. 249 00:11:15,370 --> 00:11:16,850 Maybe ten minutes. 250 00:11:19,200 --> 00:11:21,985 - We need to talk to Greg. 251 00:11:22,029 --> 00:11:23,770 Immediately. 252 00:11:28,035 --> 00:11:29,732 - The guy was a pompous ass, 253 00:11:29,776 --> 00:11:31,908 always hanging around my girlfriend. 254 00:11:31,952 --> 00:11:33,997 Couldn't just let her go, live her life. 255 00:11:34,040 --> 00:11:35,825 - They got a kid together. 256 00:11:35,869 --> 00:11:37,305 - Yeah, I know. 257 00:11:37,348 --> 00:11:39,786 It wasn't just that. It was his attitude too. 258 00:11:39,829 --> 00:11:42,223 He was always acting like he was better than everyone else 259 00:11:42,266 --> 00:11:43,615 just because he was a doctor. 260 00:11:43,659 --> 00:11:45,226 - You see him last night? - Whoa. Hold on. 261 00:11:45,269 --> 00:11:47,837 I didn't kill the guy if that's what you're getting at. 262 00:11:47,881 --> 00:11:49,317 - I didn't ask you that. 263 00:11:49,360 --> 00:11:51,362 Where'd you go after you left your girlfriend's house? 264 00:11:51,406 --> 00:11:52,755 - I came back here. 265 00:11:52,799 --> 00:11:54,409 - Here? 266 00:11:54,452 --> 00:11:56,759 That's kind of late. After 9:00? 267 00:11:56,803 --> 00:11:58,935 - I sell security systems. 268 00:11:58,979 --> 00:12:00,937 Every night, I collect all the data from the apps, 269 00:12:00,981 --> 00:12:03,331 the ones that report all the local criminal activity, 270 00:12:03,374 --> 00:12:05,725 and I post the results on social media. 271 00:12:05,768 --> 00:12:08,423 - You report criminal activity in this area? 272 00:12:08,466 --> 00:12:10,468 Things are kind of tame around here. 273 00:12:10,512 --> 00:12:11,948 - Not according to the apps. 274 00:12:11,992 --> 00:12:15,778 My orders have quadrupled in the last three months. 275 00:12:15,822 --> 00:12:17,998 What can I say? Fear's a powerful sales tactic. 276 00:12:18,041 --> 00:12:21,131 - What can I say? Alibis need verification. 277 00:12:21,175 --> 00:12:23,090 - Sure. 278 00:12:23,133 --> 00:12:25,309 Three employees were still working when I got here, 279 00:12:25,353 --> 00:12:26,658 plus, I've got surveillance cameras 280 00:12:26,702 --> 00:12:28,530 inside and outside the office. 281 00:12:30,488 --> 00:12:32,708 - Big surprise. 282 00:12:33,970 --> 00:12:35,624 - We can cross Donnelly off the list. 283 00:12:35,667 --> 00:12:37,234 He definitely was at his office that night 284 00:12:37,278 --> 00:12:38,932 and didn't leave till after midnight. 285 00:12:38,975 --> 00:12:40,237 - Yeah, we checked on the posts that he was talking about too. 286 00:12:40,281 --> 00:12:41,499 - What kind of posts? 287 00:12:41,543 --> 00:12:42,936 - There's these apps that people use 288 00:12:42,979 --> 00:12:44,851 to report crimes in their area. - My wife uses it. 289 00:12:44,894 --> 00:12:46,374 Checks out what's going on in the neighborhood. 290 00:12:46,417 --> 00:12:47,810 - Yeah, so according to these apps, 291 00:12:47,854 --> 00:12:49,464 there was three robberies reported 292 00:12:49,507 --> 00:12:52,119 in the vicinity of Dr. Marshall's murder. 293 00:12:52,162 --> 00:12:53,685 We spoke to two of the vics. 294 00:12:53,729 --> 00:12:55,035 The first one, bodega owner 295 00:12:55,078 --> 00:12:57,472 who accused a kid of stealing a candy bar. 296 00:12:57,515 --> 00:13:00,605 The second one was a 55-year-old divorceé 297 00:13:00,649 --> 00:13:03,347 who accused a Hispanic man of looking at her funny. 298 00:13:03,391 --> 00:13:04,609 - What about the third? 299 00:13:04,653 --> 00:13:06,263 - Just found him, and we're going there now. 300 00:13:06,307 --> 00:13:07,438 - All right. 301 00:13:07,482 --> 00:13:09,397 Let's hope third time's a charm. 302 00:13:12,269 --> 00:13:13,444 - What is this about? 303 00:13:13,488 --> 00:13:16,360 Did you find the guy who robbed me? 304 00:13:16,404 --> 00:13:18,188 - No, we were actually hoping 305 00:13:18,232 --> 00:13:20,582 that you could shed some light on the incident for us. 306 00:13:20,625 --> 00:13:22,627 - I already told you everything that I know. 307 00:13:22,671 --> 00:13:24,542 - If you don't mind, we'd like to go over it again. 308 00:13:24,586 --> 00:13:26,718 There's a possibility that it's connected 309 00:13:26,762 --> 00:13:29,852 to a murder that we're investigating. 310 00:13:29,896 --> 00:13:31,854 - Murder? 311 00:13:31,898 --> 00:13:33,508 Really? 312 00:13:33,551 --> 00:13:37,033 - We're not the robbery cops. 313 00:13:37,077 --> 00:13:40,863 - Um, so... 314 00:13:40,907 --> 00:13:42,952 he approached me from behind. 315 00:13:42,996 --> 00:13:45,389 He asked for my phone, my wallet. 316 00:13:45,433 --> 00:13:47,565 I give him both. 317 00:13:47,609 --> 00:13:49,741 And then, this guy, 318 00:13:49,785 --> 00:13:51,874 he cracks me over the head with something. 319 00:13:51,918 --> 00:13:55,399 - Could it have been a bottle? - Uh, yeah. 320 00:13:55,443 --> 00:13:57,880 Whatever it was, it knocked me unconscious for a second. 321 00:13:57,924 --> 00:13:59,751 - Do you remember what this guy looked like? 322 00:13:59,795 --> 00:14:02,232 Maybe his height, his weight, his race? 323 00:14:02,276 --> 00:14:06,410 - Black. 5'7"-ish. Stocky. 324 00:14:06,454 --> 00:14:08,064 - Approximate age? 325 00:14:08,108 --> 00:14:10,719 - He's young. 18, 19. 326 00:14:10,762 --> 00:14:12,068 - Do you remember anything about his appearance? 327 00:14:12,112 --> 00:14:13,156 His clothing? 328 00:14:13,200 --> 00:14:15,071 - Ski jacket. 329 00:14:15,115 --> 00:14:18,509 Some kind of wool cap. 330 00:14:25,386 --> 00:14:27,518 - Mr. Burke, are you OK? 331 00:14:27,562 --> 00:14:29,172 - Not really. 332 00:14:32,523 --> 00:14:34,438 It was traumatic, all right? 333 00:14:34,482 --> 00:14:37,615 I don't love reliving it. 334 00:14:37,659 --> 00:14:40,705 I thought that I was gonna die, so... 335 00:14:40,749 --> 00:14:43,883 And I didn't know anything about this recent tragedy. 336 00:14:43,926 --> 00:14:46,102 After what happened, I don't really walk around 337 00:14:46,146 --> 00:14:47,364 after dark anymore. 338 00:14:47,408 --> 00:14:48,931 - We understand. 339 00:14:48,975 --> 00:14:52,152 - If that's all, I'd like you guys to leave, please. 340 00:14:54,981 --> 00:14:56,156 - Thank you. 341 00:15:03,815 --> 00:15:06,209 - Hey, Lieu, Brian Burke's robbery 342 00:15:06,253 --> 00:15:08,951 and Dr. Marshall's murder could be connected. 343 00:15:08,995 --> 00:15:10,953 Both victims were approached from behind, 344 00:15:10,997 --> 00:15:12,955 hit in the head with blunt objects. 345 00:15:12,999 --> 00:15:14,696 They happened in the same vicinity, 346 00:15:14,739 --> 00:15:16,132 around the same time of night. 347 00:15:16,176 --> 00:15:18,874 - All right, let's check the video and door cam footage 348 00:15:18,918 --> 00:15:20,484 from the night of Marshall's murder 349 00:15:20,528 --> 00:15:23,139 and see if anyone in the area matches Burke's description. 350 00:15:23,183 --> 00:15:24,227 - Done. Vi's on it. 351 00:15:24,271 --> 00:15:26,360 - Hey. Can I talk to you for a sec? 352 00:15:26,403 --> 00:15:27,622 Just come on in. 353 00:15:27,665 --> 00:15:29,189 Shut the door. 354 00:15:32,496 --> 00:15:34,150 - What's up? - So I got a call 355 00:15:34,194 --> 00:15:37,458 from Wagner and Farley's union rep today. 356 00:15:37,501 --> 00:15:39,547 - [chuckles dryly] Yeah. 357 00:15:39,590 --> 00:15:42,289 OK. It was only a matter of time. 358 00:15:42,332 --> 00:15:44,160 What's he wanna do? Mediate? 359 00:15:44,204 --> 00:15:45,988 - More like attack. 360 00:15:47,381 --> 00:15:48,599 - Excuse me? 361 00:15:48,643 --> 00:15:50,079 - He's coming for you. 362 00:15:50,123 --> 00:15:52,995 He said that you violated departmental rules 363 00:15:53,039 --> 00:15:54,475 by refusing to get on the ground. 364 00:15:54,518 --> 00:15:56,216 - They said I... 365 00:15:56,259 --> 00:15:58,087 That lawyer can kiss my ass. How about that? 366 00:15:58,131 --> 00:16:02,526 - I would not be so quick to dismiss that. 367 00:16:02,570 --> 00:16:03,701 You gotta trust me. 368 00:16:03,745 --> 00:16:06,052 I come from a long line of cops, 369 00:16:06,095 --> 00:16:08,141 and I know exactly how this thing is gonna play out. 370 00:16:08,184 --> 00:16:11,013 - Lieu, those two cops crossed the line. 371 00:16:11,057 --> 00:16:13,059 They wouldn't listen to a word I was saying. 372 00:16:13,102 --> 00:16:15,365 They wouldn't let me badge them. 373 00:16:15,409 --> 00:16:16,758 They had their guns drawn. 374 00:16:16,801 --> 00:16:18,629 They were practically itching to light me up. 375 00:16:18,673 --> 00:16:19,935 - It's your call. 376 00:16:19,979 --> 00:16:21,415 I just need to let you know what's going on. 377 00:16:21,458 --> 00:16:24,374 And whatever you decide, you've got my full support. 378 00:16:24,418 --> 00:16:26,724 You just have to understand 379 00:16:26,768 --> 00:16:29,553 what you're stepping into right now. 380 00:16:29,597 --> 00:16:32,252 - What does that mean? - Come on, Jalen. 381 00:16:32,295 --> 00:16:34,994 As much as I hate to admit it, you know exactly how it works 382 00:16:35,037 --> 00:16:36,908 when a cop goes after another cop. 383 00:16:36,952 --> 00:16:38,388 - I'm not the bad guy here. 384 00:16:38,432 --> 00:16:41,826 - Look, the department is making so many changes, 385 00:16:41,870 --> 00:16:44,438 so many for the good, but when it comes to this-- 386 00:16:44,481 --> 00:16:45,569 this thing-- 387 00:16:45,613 --> 00:16:48,050 we are stuck back in 1974. 388 00:16:48,094 --> 00:16:50,139 So it doesn't even matter how right you are. 389 00:16:50,183 --> 00:16:51,880 And I know. 390 00:16:51,923 --> 00:16:54,013 I know you're right. 391 00:16:57,320 --> 00:17:01,150 This is the kind of thing that is gonna destroy your career. 392 00:17:04,284 --> 00:17:05,675 - OK. 393 00:17:07,416 --> 00:17:09,810 I get it. 394 00:17:09,854 --> 00:17:12,640 We're supposed to protect each other, right? 395 00:17:12,683 --> 00:17:14,381 All those rah-rah speeches 396 00:17:14,424 --> 00:17:17,819 about being blue and protecting your brother, 397 00:17:17,862 --> 00:17:19,733 they were written by white guys. 398 00:17:21,997 --> 00:17:24,608 So you can tell that union lawyer 399 00:17:24,652 --> 00:17:26,088 and those two white cops 400 00:17:26,132 --> 00:17:29,439 they are trying to scare the wrong man. 401 00:17:29,483 --> 00:17:31,050 - OK. 402 00:17:31,093 --> 00:17:32,355 I'm gonna call internal affairs 403 00:17:32,399 --> 00:17:34,662 and tell them you're moving forward. 404 00:17:36,490 --> 00:17:38,057 - Thank you. 405 00:17:57,337 --> 00:17:57,554 . 406 00:17:57,598 --> 00:17:59,556 - I've gone through every shred of video 407 00:17:59,600 --> 00:18:01,384 from the night of the murder. 408 00:18:01,428 --> 00:18:02,994 I can't find anyone who even remotely fits 409 00:18:03,038 --> 00:18:05,214 Burke's description of the guy who robbed him. 410 00:18:05,258 --> 00:18:06,563 - Worth a shot. 411 00:18:06,607 --> 00:18:08,739 - I did find something interesting, though. 412 00:18:08,783 --> 00:18:11,090 Surveillance video from Burke's neighbor. 413 00:18:11,133 --> 00:18:12,700 Check it out. 414 00:18:15,398 --> 00:18:16,747 - That's Burke. 415 00:18:16,791 --> 00:18:19,402 - Taken around the time of the murder, 10:04 p.m. 416 00:18:19,446 --> 00:18:21,274 - Play the video. - Mm-hmm. 417 00:18:23,798 --> 00:18:25,452 His hands are shaking so much, 418 00:18:25,495 --> 00:18:27,845 he can barely hold on to his keys. 419 00:18:32,198 --> 00:18:35,288 - I thought you didn't go out after dark anymore. 420 00:18:35,331 --> 00:18:37,159 - What are you-- - 'Cause we got a receipt 421 00:18:37,203 --> 00:18:39,857 that shows you purchased a bottle of wine 422 00:18:39,901 --> 00:18:44,035 at a local liquor store at 9:47 p.m. 423 00:18:44,079 --> 00:18:46,603 - And there's a video of you 15 minutes later 424 00:18:46,647 --> 00:18:49,389 that puts you a block from the crime scene, 425 00:18:49,432 --> 00:18:51,826 and you're not holding a bottle of wine anymore. 426 00:18:51,869 --> 00:18:54,437 - So the only question I have for you now is, 427 00:18:54,481 --> 00:18:56,309 why did you do it? 428 00:18:56,352 --> 00:18:57,919 - This is outrageous. 429 00:18:57,962 --> 00:19:00,791 My client is the victim of a violent crime. 430 00:19:00,835 --> 00:19:02,619 - Why don't you save your outrage and indignation 431 00:19:02,663 --> 00:19:04,882 and just have your client tell us what happened? 432 00:19:07,624 --> 00:19:10,975 - Go ahead. Tell them. 433 00:19:11,019 --> 00:19:12,455 - It was self-defense. 434 00:19:16,677 --> 00:19:18,461 - You're saying he came to you. 435 00:19:18,505 --> 00:19:19,810 - He approached me from behind, 436 00:19:19,854 --> 00:19:21,986 and he pretended to ask for directions. 437 00:19:22,030 --> 00:19:23,597 And then, I turn around to get a look at the guy, 438 00:19:23,640 --> 00:19:25,294 and I see he has something in his hand, a gun, 439 00:19:25,338 --> 00:19:28,297 so I hit him over the head with the only thing that I had, 440 00:19:28,341 --> 00:19:29,690 which was a wine bottle. 441 00:19:29,733 --> 00:19:31,213 - And then, you just fled the scene. 442 00:19:31,257 --> 00:19:33,128 - Yeah, I panicked. - You didn't try to help him? 443 00:19:33,172 --> 00:19:34,608 - Call 911? 444 00:19:34,651 --> 00:19:37,437 - No, I ran home. I called a lawyer. 445 00:19:37,480 --> 00:19:39,178 She said do nothing. 446 00:19:39,221 --> 00:19:41,092 - I can verify that. 447 00:19:41,136 --> 00:19:42,703 - Great advice, Counselor. 448 00:19:42,746 --> 00:19:46,097 - You see, Darian Marshall... 449 00:19:46,141 --> 00:19:48,752 was really asking you for directions. 450 00:19:48,796 --> 00:19:50,406 And he wasn't holding a gun. 451 00:19:50,450 --> 00:19:53,670 It was a cell phone. 452 00:19:53,714 --> 00:19:56,934 He was a well-regarded heart surgeon, 453 00:19:56,978 --> 00:20:01,722 and you left him on the street to die like an animal. 454 00:20:03,071 --> 00:20:05,943 - No more questions. We're done. 455 00:20:05,987 --> 00:20:08,381 [door opens] 456 00:20:09,251 --> 00:20:11,688 - You believe him? - I definitely don't think 457 00:20:11,732 --> 00:20:13,342 he set out to kill anyone that night. 458 00:20:13,386 --> 00:20:14,691 That's for sure. - Yeah. 459 00:20:14,735 --> 00:20:16,606 It doesn't mean it was self-defense either. 460 00:20:16,650 --> 00:20:18,304 - Let me call Price. See what he thinks. 461 00:20:18,347 --> 00:20:19,653 - Excuse me. 462 00:20:19,696 --> 00:20:23,047 Detective Shaw? - Yeah. 463 00:20:23,091 --> 00:20:25,311 - I'm Sergeant Frank Matthews, Internal Affairs. 464 00:20:25,354 --> 00:20:26,529 You got a minute? 465 00:20:26,573 --> 00:20:28,705 - Absolutely. We can talk in here. 466 00:20:33,536 --> 00:20:34,972 Thank you for coming so soon. 467 00:20:35,016 --> 00:20:36,713 I know Lieutenant Dixon just reached out to you, 468 00:20:36,757 --> 00:20:37,758 so I appreciate it. 469 00:20:37,801 --> 00:20:40,543 - I'm not here about that. 470 00:20:40,587 --> 00:20:42,153 - OK. What are you here for? 471 00:20:42,197 --> 00:20:45,548 - Officers Wagner and Farley filed a complaint against you. 472 00:20:45,592 --> 00:20:48,464 - You're here to investigate me? 473 00:20:48,508 --> 00:20:49,987 - You can get in touch with your union rep 474 00:20:50,031 --> 00:20:51,728 and consult an attorney if you want. 475 00:20:51,772 --> 00:20:54,383 - I don't need a lawyer. I don't-- 476 00:20:54,427 --> 00:20:56,733 - The officers claim they ordered you to the ground. 477 00:20:56,777 --> 00:20:58,300 - They did, and I refused. 478 00:20:58,344 --> 00:21:01,085 I wasn't about to get on my knees for anybody, 479 00:21:01,129 --> 00:21:02,609 much less those two cops. 480 00:21:02,652 --> 00:21:04,480 Now, you and I both know what could have happened 481 00:21:04,524 --> 00:21:06,221 if I had complied. 482 00:21:06,265 --> 00:21:10,878 - Look, sometimes you have to let things slide. 483 00:21:10,921 --> 00:21:13,054 Keep an eye on the big picture. - OK. 484 00:21:13,097 --> 00:21:15,361 - I've had to put up with a lot to get to where I am. 485 00:21:15,404 --> 00:21:18,102 If you drop your complaint, I'm confident they will too. 486 00:21:18,146 --> 00:21:19,626 - Right. 487 00:21:19,669 --> 00:21:21,628 - I understand what it feels like 488 00:21:21,671 --> 00:21:23,412 to be on the other end of the nonsense. 489 00:21:23,456 --> 00:21:25,545 I do. Trust me. 490 00:21:25,588 --> 00:21:28,112 But let's face it, nothing really happened. 491 00:21:28,156 --> 00:21:29,113 Nobody got hurt. 492 00:21:29,157 --> 00:21:30,680 So why make a big deal about it, 493 00:21:30,724 --> 00:21:32,639 invite all kinds of negative attention? 494 00:21:32,682 --> 00:21:35,163 This kind of thing makes us look bad. 495 00:21:41,474 --> 00:21:43,040 - Us? 496 00:21:45,260 --> 00:21:46,957 - The police. 497 00:21:48,829 --> 00:21:49,873 - Right. 498 00:21:51,266 --> 00:21:52,789 [knocks at door] 499 00:21:52,833 --> 00:21:54,095 - Price needs to see us. 500 00:21:55,836 --> 00:21:58,012 - Thanks for making time, Sergeant. 501 00:21:59,840 --> 00:22:01,276 - It's a tough one. 502 00:22:01,320 --> 00:22:04,497 I'm not quite sure what the right charge is. 503 00:22:08,196 --> 00:22:09,502 - I vote murder. 504 00:22:09,545 --> 00:22:11,721 Innocent man is walking down the street, 505 00:22:11,765 --> 00:22:13,288 minding his own business. 506 00:22:13,332 --> 00:22:14,681 He gets bashed in the head. 507 00:22:14,724 --> 00:22:16,639 I'm not really sure what we're discussing here. 508 00:22:16,683 --> 00:22:18,380 - Well, Burke could have a legitimate claim 509 00:22:18,424 --> 00:22:19,990 of self-defense. 510 00:22:20,034 --> 00:22:21,688 - He can claim whatever he wants. 511 00:22:21,731 --> 00:22:23,951 He was never in any actual danger. 512 00:22:23,994 --> 00:22:27,084 And he left the man bleeding in the street. 513 00:22:27,128 --> 00:22:29,913 - He had recently been the victim of a violent mugging 514 00:22:29,957 --> 00:22:31,045 in that same neighborhood. 515 00:22:31,088 --> 00:22:33,003 His assailant hasn't been caught. 516 00:22:33,047 --> 00:22:35,919 A physically imposing man he's never seen before... 517 00:22:35,963 --> 00:22:40,010 - Physically imposing Black man. 518 00:22:40,054 --> 00:22:41,534 Right? 519 00:22:44,885 --> 00:22:48,541 - That approached him for no apparent reason. 520 00:22:48,584 --> 00:22:50,194 He was in fear for his life, 521 00:22:50,238 --> 00:22:52,501 even though his fear turned out to be unwarranted. 522 00:22:52,545 --> 00:22:53,894 - I'm no lawyer, 523 00:22:53,937 --> 00:22:57,332 but doesn't that fear have to be reasonable, 524 00:22:57,376 --> 00:23:01,249 you know, from a objective person's perspective? 525 00:23:01,292 --> 00:23:02,685 - Frank Cosgrove, Esq. 526 00:23:02,729 --> 00:23:04,687 - But a jury might determine 527 00:23:04,731 --> 00:23:06,602 that Burke's fear was reasonable. 528 00:23:06,646 --> 00:23:08,735 - Reasonable? 529 00:23:10,084 --> 00:23:13,435 Nolan, softening the charges... 530 00:23:13,479 --> 00:23:15,916 ratifies what they did. 531 00:23:15,959 --> 00:23:20,573 - I'm simply acknowledging the weakness of a murder case. 532 00:23:20,616 --> 00:23:23,402 You're a lawyer. You understand that. 533 00:23:23,445 --> 00:23:25,099 - I was a lawyer. 534 00:23:26,535 --> 00:23:29,408 Now, I'm a cop. 535 00:23:29,451 --> 00:23:32,062 A Black cop. 536 00:23:32,106 --> 00:23:35,936 And unfortunately, I just got yet another lesson 537 00:23:35,979 --> 00:23:37,590 in what that means, and what that means is, 538 00:23:37,633 --> 00:23:38,895 when you're Black in this country, 539 00:23:38,939 --> 00:23:42,595 you are guilty in too many people's eyes. 540 00:23:44,727 --> 00:23:48,078 Burke made a false assumption 541 00:23:48,122 --> 00:23:50,211 based on Dr. Marshall's skin color, 542 00:23:50,254 --> 00:23:51,995 and worse, he acted on that assumption. 543 00:23:52,039 --> 00:23:55,390 And now, Dr. Marshall, that Black doctor, is dead. 544 00:23:57,131 --> 00:24:00,613 If that is not enough for a murder charge, 545 00:24:00,656 --> 00:24:02,919 I gotta start rethinking how I'm spending my time 546 00:24:02,963 --> 00:24:04,530 risking my life in the street with Frank 547 00:24:04,573 --> 00:24:07,271 to bring you good arrests just to watch you water them down. 548 00:24:18,718 --> 00:24:18,935 . 549 00:24:18,979 --> 00:24:21,851 - Yes, I will. 550 00:24:21,895 --> 00:24:24,027 Phone won't stop ringing. 551 00:24:24,071 --> 00:24:27,378 CEOs, heads of charities, 552 00:24:27,422 --> 00:24:31,208 more than a handful of political donors, 553 00:24:31,252 --> 00:24:35,343 all asking me to reconsider indicting Brian Burke. 554 00:24:35,386 --> 00:24:36,736 - Doesn't surprise me. He chairs one 555 00:24:36,779 --> 00:24:39,347 of the biggest charitable foundations in the city. 556 00:24:39,390 --> 00:24:42,393 - Everyone says he's a good man. 557 00:24:42,437 --> 00:24:44,439 Certainly not a racist. 558 00:24:44,483 --> 00:24:46,049 - I'm not challenging his character, Jack. 559 00:24:46,093 --> 00:24:47,921 I'm challenging his actions. 560 00:24:47,964 --> 00:24:49,662 I've weighed both sides of the equation. 561 00:24:49,705 --> 00:24:53,143 Jalen Shaw made a compelling case. 562 00:24:53,187 --> 00:24:56,538 - You want to charge murder? 563 00:24:56,582 --> 00:24:58,409 Can you prove it? 564 00:24:58,453 --> 00:25:01,108 - It'll be close, but I have to try. 565 00:25:01,151 --> 00:25:02,283 - Why is that? 566 00:25:02,326 --> 00:25:03,719 - If I charge manslaughter, 567 00:25:03,763 --> 00:25:06,374 what kind of message will I be sending? 568 00:25:06,417 --> 00:25:09,899 That you can assault and kill Black men 569 00:25:09,943 --> 00:25:11,335 because you're scared? 570 00:25:12,423 --> 00:25:13,599 [knocks at door] 571 00:25:13,642 --> 00:25:15,296 - Burke's lawyer wants to meet. 572 00:25:15,339 --> 00:25:16,950 Says she has additional information 573 00:25:16,993 --> 00:25:17,951 we need to consider. 574 00:25:21,389 --> 00:25:25,262 - I know that I should have called 911. 575 00:25:25,306 --> 00:25:27,395 - Why didn't you? 576 00:25:27,438 --> 00:25:30,398 - I panicked. 577 00:25:30,441 --> 00:25:33,619 I know how it looks, but I'm not a racist. 578 00:25:33,662 --> 00:25:36,099 - So what is this additional information 579 00:25:36,143 --> 00:25:38,798 you want us to consider? 580 00:25:38,841 --> 00:25:41,278 - On the, um-- the night of the-- 581 00:25:41,322 --> 00:25:43,629 the incident with Dr. Marshall, 582 00:25:43,672 --> 00:25:45,500 I got an alert on my phone 583 00:25:45,544 --> 00:25:49,112 that there was a suspicious person in the area. 584 00:25:49,156 --> 00:25:50,592 - Who sent the alert? 585 00:25:50,636 --> 00:25:53,073 - Well, it popped up on a neighborhood safety app. 586 00:25:53,116 --> 00:25:54,857 - What did it say? 587 00:25:54,901 --> 00:25:56,642 - "Be careful. 588 00:25:56,685 --> 00:25:58,948 "There's a dangerous Black man in the area. 589 00:25:58,992 --> 00:26:00,733 "He's armed. 590 00:26:00,776 --> 00:26:02,430 Exercise extreme caution." 591 00:26:02,473 --> 00:26:04,606 - Did the alert provide a description? 592 00:26:04,650 --> 00:26:06,347 - A little more than that. 593 00:26:06,390 --> 00:26:09,437 It provided a picture of Dr. Marshall. 594 00:26:12,658 --> 00:26:16,792 - So Burke actually might be telling the truth. 595 00:26:16,836 --> 00:26:19,012 - That's definitely Dr. Marshall. 596 00:26:19,055 --> 00:26:22,798 - Yeah, and these are the posts that Burke saw. 597 00:26:22,842 --> 00:26:25,540 The first one says, "A tall Black man just mugged someone. 598 00:26:25,584 --> 00:26:28,674 The mugger is armed and extremely dangerous." 599 00:26:28,717 --> 00:26:31,198 - Dozens of people post comments after that. 600 00:26:31,241 --> 00:26:33,940 - Another woman says that they saw Dr. Marshall, 601 00:26:33,983 --> 00:26:35,985 and she is sure that he's got a gun. 602 00:26:36,029 --> 00:26:38,248 - Then the story takes on a life of its own. 603 00:26:38,292 --> 00:26:40,033 It's like a dangerous fearmongering version 604 00:26:40,076 --> 00:26:41,121 of telephone. 605 00:26:41,164 --> 00:26:42,383 - Who started it? 606 00:26:42,426 --> 00:26:44,428 - A man named Daniel Deluca. 607 00:26:44,472 --> 00:26:47,736 52. Works in real estate. Lives downtown. 608 00:26:47,780 --> 00:26:50,652 - And he's done this sort of thing before. 609 00:26:50,696 --> 00:26:51,871 - What do you mean? 610 00:26:51,914 --> 00:26:54,482 - Well, he's posted that violent people, 611 00:26:54,525 --> 00:26:57,006 usually Black men, are on certain streets. 612 00:26:57,050 --> 00:26:58,573 He puts up photos. 613 00:26:58,617 --> 00:26:59,705 And then, he makes up stories 614 00:26:59,748 --> 00:27:01,881 about them with guns and knives. 615 00:27:01,924 --> 00:27:04,144 - He gets the residents all riled up. 616 00:27:04,187 --> 00:27:08,191 And then, inevitably, a chain of racist rumors follows. 617 00:27:08,235 --> 00:27:12,108 And the posts turn out to be pure fiction. 618 00:27:12,152 --> 00:27:14,894 - Has anyone else been hurt? - Yeah. 619 00:27:14,937 --> 00:27:17,592 One man was assaulted by an angry mob of residents, 620 00:27:17,636 --> 00:27:20,073 and two Black men were falsely arrested. 621 00:27:20,116 --> 00:27:22,989 - Brooke's lawyers could wind up calling Deluca 622 00:27:23,032 --> 00:27:24,817 to support their self-defense claim. 623 00:27:24,860 --> 00:27:26,732 I wanna be prepared to cross-examine him. 624 00:27:26,775 --> 00:27:29,473 - I look forward to meeting this guy. 625 00:27:33,652 --> 00:27:36,002 - I don't know what to tell you. 626 00:27:36,045 --> 00:27:38,221 I was walking through the meatpacking district, 627 00:27:38,265 --> 00:27:40,006 meeting my girlfriend for a late dinner. 628 00:27:40,049 --> 00:27:41,747 I saw a guy who looked suspicious. 629 00:27:41,790 --> 00:27:43,618 - What made him look suspicious? 630 00:27:43,662 --> 00:27:45,925 - I thought he had a gun. 631 00:27:45,968 --> 00:27:48,536 Those people, coming into our neighborhood, 632 00:27:48,579 --> 00:27:51,626 ruining it for the rest of us. 633 00:27:51,670 --> 00:27:54,585 - Those people? 634 00:27:54,629 --> 00:27:57,458 What do you mean by that? 635 00:27:57,501 --> 00:28:00,504 - You know, criminals. 636 00:28:00,548 --> 00:28:03,986 - So you think you're doing some kind of a public service? 637 00:28:04,030 --> 00:28:05,205 - Actually, I do. 638 00:28:05,248 --> 00:28:08,164 Plus, I've got three kids, elderly parents. 639 00:28:08,208 --> 00:28:09,383 No one is safe anymore. 640 00:28:09,426 --> 00:28:12,299 - You-- 641 00:28:12,342 --> 00:28:14,736 you're out of line. 642 00:28:14,780 --> 00:28:16,912 You can't just go around posting whatever you want. 643 00:28:16,956 --> 00:28:19,436 That's dangerous. Reckless. 644 00:28:19,480 --> 00:28:21,917 You're practically asking somebody 645 00:28:21,961 --> 00:28:24,964 to take the law into their own hands, 646 00:28:25,007 --> 00:28:27,227 maybe even commit an act of violence. 647 00:28:29,533 --> 00:28:31,710 Turn around. 648 00:28:34,756 --> 00:28:36,018 - You heard him. Turn around. Turn around. 649 00:28:36,062 --> 00:28:37,803 Come on. Come on. 650 00:28:37,846 --> 00:28:39,805 - Hands behind your back. 651 00:28:39,848 --> 00:28:44,113 Daniel Deluca, you're under arrest. 652 00:28:44,157 --> 00:28:45,375 - What for? 653 00:28:45,419 --> 00:28:46,986 - Manslaughter. 654 00:28:48,770 --> 00:28:51,773 - I'm assuming you ran this by Price. 655 00:29:05,744 --> 00:29:05,918 . 656 00:29:05,961 --> 00:29:08,137 - You arrested Daniel Deluca? 657 00:29:08,181 --> 00:29:09,269 Charged him with manslaughter? 658 00:29:09,312 --> 00:29:10,749 - Good to see you, Price. 659 00:29:10,792 --> 00:29:13,099 - We're on solid footing with that. 660 00:29:13,142 --> 00:29:15,449 Deluca's actions were the direct cause 661 00:29:15,492 --> 00:29:16,798 of Dr. Marshall's murder. 662 00:29:16,842 --> 00:29:18,844 - Didn't think to consult with me first? 663 00:29:18,887 --> 00:29:21,760 - We have initial discretion to make the arrest, Nolan. 664 00:29:21,803 --> 00:29:23,805 - There were no exigent circumstances. 665 00:29:23,849 --> 00:29:24,893 - Have a seat. 666 00:29:24,937 --> 00:29:26,242 - You wanna play prosecutor, 667 00:29:26,286 --> 00:29:27,548 join the DA's office. 668 00:29:27,591 --> 00:29:29,811 Otherwise, stay in your lane. 669 00:29:29,855 --> 00:29:31,813 - Mm. Well, you don't wanna charge Deluca, 670 00:29:31,857 --> 00:29:32,814 that's on you, buddy. 671 00:29:32,858 --> 00:29:34,163 - We got a good case. 672 00:29:34,207 --> 00:29:35,469 - Not so sure about that. 673 00:29:35,512 --> 00:29:37,558 And we'd have to flip Burke. 674 00:29:37,601 --> 00:29:39,125 - Well, let's flip him then. 675 00:29:39,168 --> 00:29:41,127 - You're the one who urged me to charge him with murder. 676 00:29:41,170 --> 00:29:43,477 - And I stand by that, but new information has come to light 677 00:29:43,520 --> 00:29:45,218 that says that Deluca is more culpable. 678 00:29:45,261 --> 00:29:46,828 He incited Burke. 679 00:29:46,872 --> 00:29:48,787 - He made the guy feel like he was in danger. 680 00:29:48,830 --> 00:29:50,005 - But for Deluca's post, 681 00:29:50,049 --> 00:29:52,094 Dr. Marshall would still be alive today. 682 00:29:52,138 --> 00:29:53,835 - I get it, but Burke is the one 683 00:29:53,879 --> 00:29:55,532 who smashed him in the head with a wine bottle. 684 00:29:55,576 --> 00:29:59,667 - Yes, and Deluca's reckless posts made him do it. 685 00:29:59,710 --> 00:30:01,712 He has to be held accountable for that. 686 00:30:05,716 --> 00:30:09,024 - Is there any way you can prove both cases? 687 00:30:09,068 --> 00:30:10,896 Try Burke and Deluca together? 688 00:30:10,939 --> 00:30:14,160 - I need Burke's cooperation to win against Deluca. 689 00:30:14,203 --> 00:30:16,510 - You can prove Deluca was reckless, 690 00:30:16,553 --> 00:30:18,860 that he created a dangerous situation 691 00:30:18,904 --> 00:30:21,689 and put Marshall's life in jeopardy 692 00:30:21,732 --> 00:30:23,778 with evidence of his past behavior. 693 00:30:23,822 --> 00:30:25,780 - But that's only half the battle. 694 00:30:25,824 --> 00:30:28,522 I need Burke to say he saw the posts 695 00:30:28,565 --> 00:30:31,873 and that he believed what was in them. 696 00:30:31,917 --> 00:30:33,875 - Then get him a deal. Get him on board. 697 00:30:33,919 --> 00:30:37,531 - OK, but I'd be sacrificing the murder case against Burke 698 00:30:37,574 --> 00:30:39,881 for a much weaker case against Deluca. 699 00:30:39,925 --> 00:30:43,537 - Opportunity and risk come in pairs. 700 00:30:43,580 --> 00:30:48,194 If you think Deluca was the most responsible, 701 00:30:48,237 --> 00:30:50,587 set your sights on him. 702 00:30:55,505 --> 00:30:57,290 - Mr. Burke, you're here as part 703 00:30:57,333 --> 00:30:59,248 of a cooperation agreement? - That's true. 704 00:30:59,292 --> 00:31:00,554 - In exchange for your testimony, 705 00:31:00,597 --> 00:31:02,469 you'll receive a seven-year sentence. 706 00:31:02,512 --> 00:31:05,167 - Yes. I will plead guilty to manslaughter. 707 00:31:05,211 --> 00:31:08,214 - Tell the members of the jury, 708 00:31:08,257 --> 00:31:11,434 why did you kill Dr. Darian Marshall? 709 00:31:11,478 --> 00:31:14,263 - Because I thought that he was going to kill me. 710 00:31:14,307 --> 00:31:15,743 - Did you believe he had a weapon? 711 00:31:15,786 --> 00:31:16,918 - A gun, yes. 712 00:31:16,962 --> 00:31:18,267 - Why did you think this? 713 00:31:18,311 --> 00:31:21,183 - Because the defendant put things on an app. 714 00:31:21,227 --> 00:31:24,143 - You're referring to the defendant, Daniel Deluca? 715 00:31:24,186 --> 00:31:25,927 - Yes. 716 00:31:25,971 --> 00:31:29,235 I believed what he posted. 717 00:31:29,278 --> 00:31:33,500 I thought that I was in danger, and I was protecting myself. 718 00:31:33,543 --> 00:31:35,589 - Thank you. Nothing further. 719 00:31:39,985 --> 00:31:44,728 - My client didn't kill Darian Marshall. 720 00:31:44,772 --> 00:31:46,513 You did. 721 00:31:46,556 --> 00:31:48,602 - Regrettably, yes. 722 00:31:48,645 --> 00:31:52,519 You took a bottle, smashed it over his head, 723 00:31:52,562 --> 00:31:55,609 and left him to die. 724 00:31:55,652 --> 00:31:57,437 - I wish I could take it back. 725 00:31:57,480 --> 00:31:59,265 - And so, you're doing the next best thing, 726 00:31:59,308 --> 00:32:00,962 trying to blame someone else. 727 00:32:01,006 --> 00:32:02,442 - Objection. Argumentative. 728 00:32:02,485 --> 00:32:04,096 - Overruled. 729 00:32:04,139 --> 00:32:05,836 - You killed someone, 730 00:32:05,880 --> 00:32:07,490 and then you got a sweetheart deal 731 00:32:07,534 --> 00:32:09,362 from a prosecutor who is hellbent 732 00:32:09,405 --> 00:32:10,798 on making a political statement. 733 00:32:10,841 --> 00:32:13,105 - Your Honor. 734 00:32:13,148 --> 00:32:15,107 - Withdrawn. Nothing further. 735 00:32:15,150 --> 00:32:17,239 - You're excused, sir. 736 00:32:17,283 --> 00:32:18,806 - Call your next witness, Mr. Price. 737 00:32:18,849 --> 00:32:22,679 - People call Detective Jalen Shaw. 738 00:32:22,723 --> 00:32:26,727 - The defendant started a chain of racist messages 739 00:32:26,770 --> 00:32:30,687 and then posted a picture of Dr. Marshall. 740 00:32:30,731 --> 00:32:33,255 - Has the defendant made postings like this in the past? 741 00:32:33,299 --> 00:32:34,822 - Yes. 742 00:32:34,865 --> 00:32:38,391 - Men--Black men-- walking down the street, 743 00:32:38,434 --> 00:32:41,872 minding their own business are the targets of these posts? 744 00:32:41,916 --> 00:32:43,352 - Correct. 745 00:32:43,396 --> 00:32:45,789 - And some of these innocent men have been arrested, 746 00:32:45,833 --> 00:32:48,792 and one has actually been assaulted? 747 00:32:48,836 --> 00:32:50,925 - Yes, he was punched in the head 748 00:32:50,969 --> 00:32:54,494 and then hospitalized for a concussion. 749 00:32:54,537 --> 00:32:55,712 - Thank you. 750 00:32:59,412 --> 00:33:03,068 - Detective, are you aware that the NYPD uses these apps 751 00:33:03,111 --> 00:33:06,027 to fight crimes and put out police alerts? 752 00:33:06,071 --> 00:33:07,507 - Objection. Relevance. 753 00:33:07,550 --> 00:33:08,943 - What is the relevance? 754 00:33:08,987 --> 00:33:11,554 - This is a case about free speech 755 00:33:11,598 --> 00:33:13,992 and civic participation. 756 00:33:14,035 --> 00:33:16,690 They should be giving my client a medal for citizenship. 757 00:33:16,733 --> 00:33:18,648 Not being put on trial for homicide. 758 00:33:18,692 --> 00:33:21,564 - Objection is overruled. 759 00:33:21,608 --> 00:33:24,828 - Counselor, I'm aware that the NYPD is using... 760 00:33:24,872 --> 00:33:27,048 certain crime-fighting apps. 761 00:33:27,092 --> 00:33:31,183 And when these apps are used in a responsible manner, 762 00:33:31,226 --> 00:33:33,750 they can be a useful tool. 763 00:33:33,794 --> 00:33:36,884 Problems arise when they're used recklessly. 764 00:33:36,927 --> 00:33:39,191 - You know a lot about recklessness Detective Shaw, 765 00:33:39,234 --> 00:33:40,279 don't you? 766 00:33:40,322 --> 00:33:41,584 - Objection. Argumentative. 767 00:33:41,628 --> 00:33:43,412 - Ask another question, Miss Stanley. 768 00:33:43,456 --> 00:33:48,200 - Violating NYPD rules and regulations is also reckless, 769 00:33:48,243 --> 00:33:50,028 isn't it? 770 00:33:50,071 --> 00:33:51,812 - It depends on the circumstances. 771 00:33:51,855 --> 00:33:54,597 - Detective Shaw, is there a pending 772 00:33:54,641 --> 00:33:56,904 Internal Affairs complaint against you? 773 00:34:00,299 --> 00:34:03,867 - There's one pending, yes. 774 00:34:03,911 --> 00:34:06,305 - You violated your department's policy. 775 00:34:06,348 --> 00:34:11,310 You failed to comply with the request of a fellow officer? 776 00:34:11,353 --> 00:34:13,703 - That is the allegation. 777 00:34:13,746 --> 00:34:18,186 - So your own department has taken action against you. 778 00:34:18,230 --> 00:34:20,188 - It has. 779 00:34:20,232 --> 00:34:22,929 - And the underlying incident involves a dispute 780 00:34:22,973 --> 00:34:26,760 that you had with white police officers. 781 00:34:26,803 --> 00:34:28,804 - I was racially profiled. 782 00:34:28,849 --> 00:34:32,331 - And charging my client, a white man, with homicide, 783 00:34:32,373 --> 00:34:34,768 that's your way of balancing the scales, isn't it? 784 00:34:34,811 --> 00:34:37,248 - Objection. - Sustained. 785 00:34:37,292 --> 00:34:39,641 - Nothing further. 786 00:34:39,686 --> 00:34:43,820 - Detective Shaw, you're excused. 787 00:34:43,864 --> 00:34:45,083 - Yeah. 788 00:34:55,876 --> 00:34:56,268 . 789 00:34:56,311 --> 00:34:59,009 - You're the subject of an Internal Affairs complaint? 790 00:34:59,053 --> 00:35:00,968 - It's complete nonsense. - That's not the point. 791 00:35:01,011 --> 00:35:03,405 If you had told me, I would have been prepared. 792 00:35:03,449 --> 00:35:04,624 I would have never put you on the stand. 793 00:35:04,667 --> 00:35:07,496 - OK. He screwed up. Let's move on. 794 00:35:09,890 --> 00:35:11,152 What do you need? 795 00:35:11,196 --> 00:35:13,328 - Deluca is going to testify tomorrow morning. 796 00:35:13,372 --> 00:35:15,417 - The defense has put us back on our heels, 797 00:35:15,461 --> 00:35:17,245 and at the same time, they're selling Deluca 798 00:35:17,289 --> 00:35:18,986 as some well-intentioned guy 799 00:35:19,029 --> 00:35:21,119 who bears no responsibility for what happened. 800 00:35:21,162 --> 00:35:22,381 - We need to disprove that. 801 00:35:22,424 --> 00:35:24,165 - His posts are part of a pattern of conduct. 802 00:35:24,209 --> 00:35:25,645 - We can get you police reports, 803 00:35:25,688 --> 00:35:29,127 medical records that show his past posts hurt people. 804 00:35:29,170 --> 00:35:30,563 - I need more. I need evidence 805 00:35:30,606 --> 00:35:32,782 of his motive, his state of mind, that he is racist. 806 00:35:32,826 --> 00:35:34,915 - I've been looking through his social media accounts. 807 00:35:34,958 --> 00:35:36,569 He doesn't belong to any white supremacy groups 808 00:35:36,612 --> 00:35:38,527 or any other fringe organizations. 809 00:35:38,571 --> 00:35:41,922 And he's never posted anything that's scandalous or racist. 810 00:35:41,965 --> 00:35:43,967 - Well, what kind of things does he post? 811 00:35:44,011 --> 00:35:45,447 - Mostly real estate stuff. 812 00:35:45,491 --> 00:35:48,494 It looks like he buys and sells apartments. 813 00:35:53,803 --> 00:35:55,588 - Is anybody else noticing something similar 814 00:35:55,631 --> 00:35:57,677 about all these addresses? 815 00:35:59,505 --> 00:36:01,420 That can't be just a coincidence. 816 00:36:06,947 --> 00:36:11,169 - My goal is to help my fellow New Yorkers. 817 00:36:11,212 --> 00:36:13,214 I wanna make a difference, 818 00:36:13,258 --> 00:36:15,173 reclaim the streets from the criminals 819 00:36:15,216 --> 00:36:16,870 that have taken over this great city. 820 00:36:16,913 --> 00:36:21,918 - You had no control over Mr. Burke's actions, did you? 821 00:36:21,962 --> 00:36:26,227 - My heart goes out to Dr. Marshall's family. 822 00:36:26,271 --> 00:36:30,884 But I had no idea anyone would die. 823 00:36:32,320 --> 00:36:35,323 - Thank you. 824 00:36:35,367 --> 00:36:37,543 - You're in the real estate business, correct? 825 00:36:37,586 --> 00:36:40,676 You buy and sell apartments? - Yes. 826 00:36:40,720 --> 00:36:45,203 - Crime, or reports of crime, 827 00:36:45,246 --> 00:36:47,553 can drive down the value 828 00:36:47,596 --> 00:36:51,252 of buildings in a particular neighborhood, 829 00:36:51,296 --> 00:36:53,167 can't it? 830 00:36:53,211 --> 00:36:55,996 - It can. 831 00:36:56,039 --> 00:36:58,781 - You've been planting false reports of criminal activity 832 00:36:58,825 --> 00:37:01,175 in order to decrease the value of homes 833 00:37:01,219 --> 00:37:02,394 in certain neighborhoods, haven't you? 834 00:37:02,437 --> 00:37:04,526 Price tags go down, 835 00:37:04,570 --> 00:37:05,962 you purchase properties, and eventually, 836 00:37:06,006 --> 00:37:07,834 when the neighborhood is seen as safe again, 837 00:37:07,877 --> 00:37:12,360 you sell the property and make a hefty profit. 838 00:37:12,404 --> 00:37:14,580 - Objection. Facts not in evidence. 839 00:37:14,623 --> 00:37:19,237 - Well, then allow me to give an offer of proof. 840 00:37:19,280 --> 00:37:24,546 A certified report from the New York City Register's Office. 841 00:37:24,590 --> 00:37:29,638 Four transactions in the past two years. 842 00:37:29,682 --> 00:37:33,338 - I'll accept the offer. Proceed. 843 00:37:33,381 --> 00:37:35,775 - You issued... 844 00:37:35,818 --> 00:37:41,084 several fictitious posts about Black criminals 845 00:37:41,128 --> 00:37:44,740 on streets where each of these properties were located. 846 00:37:44,784 --> 00:37:47,395 Each of these posts described a man 847 00:37:47,439 --> 00:37:50,529 as armed, dangerous, acting erratic. 848 00:37:50,572 --> 00:37:51,921 - I'm not sure about that. 849 00:37:51,965 --> 00:37:56,012 - Well, then let me help refresh your memory. 850 00:37:56,056 --> 00:37:58,058 You do recognize these posts? 851 00:38:01,366 --> 00:38:02,584 - I guess. 852 00:38:02,628 --> 00:38:07,502 - And then, within a matter of weeks, 853 00:38:07,546 --> 00:38:11,941 you purchased the apartment. 854 00:38:11,985 --> 00:38:14,074 You made a killing, didn't you, Mr. Deluca? 855 00:38:14,117 --> 00:38:16,294 - Objection. - Overruled. 856 00:38:16,337 --> 00:38:18,426 Answer the question, sir. 857 00:38:20,602 --> 00:38:23,953 - I'm a businessman. 858 00:38:23,997 --> 00:38:26,478 I made a profit. 859 00:38:26,521 --> 00:38:28,567 - Thank you. That's all I have. 860 00:38:34,181 --> 00:38:37,402 [dramatic music] 861 00:38:37,445 --> 00:38:44,583 ♪ 862 00:39:02,775 --> 00:39:05,473 - Madame Foreperson, has the jury reached a verdict? 863 00:39:05,517 --> 00:39:07,475 - We have, Your Honor. 864 00:39:07,519 --> 00:39:08,998 - How do you find? 865 00:39:09,042 --> 00:39:11,653 - We find the defendant guilty of manslaughter 866 00:39:11,697 --> 00:39:13,960 in the first degree. 867 00:39:14,003 --> 00:39:16,789 - Members of the jury, thank you for your service. 868 00:39:16,832 --> 00:39:18,094 You are excused. 869 00:39:18,138 --> 00:39:19,879 Court is in recess. 870 00:39:47,036 --> 00:39:49,517 - Congratulations. 871 00:39:49,561 --> 00:39:51,780 - Sometimes we get it right. 872 00:39:51,824 --> 00:39:54,522 But something tells me that's not why you're here. 873 00:39:54,566 --> 00:39:58,047 - Nope. I just got a call. 874 00:39:58,091 --> 00:40:01,355 Internal Affairs is closing the investigation. 875 00:40:01,399 --> 00:40:02,835 - Closing it? 876 00:40:02,878 --> 00:40:06,621 - They found your allegations to be unsubstantiated. 877 00:40:06,665 --> 00:40:11,234 - I wish I could say I was surprised, but... 878 00:40:11,278 --> 00:40:13,802 And what about their allegations against me? 879 00:40:13,846 --> 00:40:16,326 - That complaint stuck. 880 00:40:16,370 --> 00:40:20,069 They're suspending you for a week without pay. 881 00:40:22,420 --> 00:40:23,812 Look, Jalen, 882 00:40:23,856 --> 00:40:26,772 I have seen positive changes in the department, 883 00:40:26,815 --> 00:40:30,253 but the blue wall is still the blue wall. 884 00:40:30,297 --> 00:40:37,435 ♪ 885 00:40:58,760 --> 00:40:58,978 . 886 00:40:59,021 --> 00:41:01,937 [dramatic music] 887 00:41:01,981 --> 00:41:08,901 ♪ 888 00:41:28,224 --> 00:41:31,184 [wolf howls]