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NARRATOR:
In the criminal justice system
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the people are represented by two
separate yet equally important groups,
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the police who investigate crime
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and the district attorneys
who prosecute the offenders.
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These are their stories.
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Couple ofjabs.
Couple ofjabs. Boom!
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A right cross
and that's all he wrote.
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You're gonna knock out Coop?
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Speed, my friend.
No, not speed. Quicks.
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Two rounds tops.
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JIM: I'll tell you what. You knock out Coop
in two rounds, beers are on me for a month.
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You in on this?
Coop's a southpaw.
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ROB: So?
You ever fight a southpaw?
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Burger, rare.
Fries crispy, guys.
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That man has the bladder
of a fruit fly.
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No. A beer says it's not
his bladder that's aching.
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No. No, no.
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I said no, Adam.
Come on, no one cares.
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I do!
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I got a husband, damn it.
Didn't bother you last week.
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I made a mistake.
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So what does that mean?
You figure it out.
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Hey!
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I got a gun. I'll use it.
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JIM: He's not gonna catch me.
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ROB: Catch you? Yeah.
One punch and I'm down.
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Jab. Jab. Cross. Uppercut.
If Coop hits back?
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ROB: Bob and weave.
Bob and weave.
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JIM: Black and blue. Black and blue.
(GUNSHOTS)
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(CAR TIRES SQUEALING)
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Shots fired, MOS down. Rush the bus.
43rd and 11th.
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Give her room, damn it! Back up!
Give her room! Hang on, Alice.
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ADAM: Alice Cushman.
She works the 31.
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You too, huh?
Yeah. I just talked to her.
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What about?
I went to take a leak.
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It was a "hello" outside the men's room.
Nothing heavy.
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Anybody else talk "heavy"
to her in the past? Why?
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Just helps to get a fix on who
the victim is, that's all.
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I saw her in the house
every morning before call.
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"Morning." "You see the game?" Stuff
about Rickie. Stuff like that?
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Who's Rickie? Her son, 17 months.
Real cutie.
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I seen pictures.
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Paramedic says she's gonna make it.
Shoulder through-and-through.
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She's just mostly in shock.
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Adam Brennan.
Any fix on the shooter?
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Maybe I should be asking you
that question.
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You were the first one out
of the diner, right?
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I was inside.
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You know, Alice has got a husband.
Maybe I should call him.
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Why don't you give us
his number.
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I can get it for you.
Great.
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I think Officer Brennan knows a
lot more than he's telling us.
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What, a little birdie
told you that?
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You and I've been partnered,
what, four years?
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He knows the exact age
of the victim's kid.
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So?
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So, forget about
how old my daughter is,
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you even know
what state she lives in?
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Hey, the busboy saw a blue car speed
around that corner after the shots.
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The plates had three numbers followed by three
letters, the last two were "U" and "V".
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I don't think the
first one was "L".
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The Commissioner's talking
about a task force.
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What, over two cops, who each
have a spouse on the side,
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sweating up the sheets?
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Lennie's been watching
too much Dr. Phil.
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I don't know who that is but if he's
got a cure for marital infidelity
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on the job we ought to
put him on retainer.
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On the other hand, half of the 31 ends
up at the Market Diner for coffee.
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If someone was holding a grudge
against Officer Cushman,
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they'd know to find her there.
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Witness says the shooter was
moving at a pretty good clip.
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Could have been he wasn't picky,
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as long as
you were wearing blue.
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Well, let's hope
to hell Lennie's right.
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(TELEPHONE RINGS) Yeah?
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Okay.
They'll be right there.
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She's awake.
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Don thinks I should have quit
the job after we got married.
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He thinks a woman's place
is making dinner and babies.
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Tell me I'm wrong now.
Well...
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Tell him this was a freak thing.
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ALICE: It's not like there's anyone
out there gunning for me, Don.
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Well, actually
we can't confirm or deny.
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Oh, yeah, all those
parking tickets,
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I knew I should have
worn a Kevlar bra.
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You wear a uniform.
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There could be some nut out
there gunning for all cops!
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I'm just saying
we got a new baby.
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By the way, your pal, Adam
Brennan, sends his best.
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Who?
Just one of the cops.
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My wife!
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Just one of the boys!
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She's out partying and I'm
stuck home changing diapers.
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What, it's my fault
no one's hiring?
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Look, I really didn't see
the guy or the car.
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(CLEARS THROAT) Look, Doc says I should
get some sleep if you don't mind?
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You know where to find us.
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Okay. You were right. Once.
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ADAM: Okay. We rented a room
twice.
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It's not like it was this
hot-and-heavy kind of thing.
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I'm happily married.
How happy is your wife?
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Very. And if it's okay with you,
I'd like to keep her that way.
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That's why I didn't say
anything last night.
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You're a real ace with
secrets, huh, Brennan.
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How happy is Alice's marriage?
ADAM: You think Don?
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No way.
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BRISCOE: What, he's not
the possessive type?
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She says he didn't have a clue.
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And if he did, he'd be
taking shots at me, not her.
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Did Alice get "personal"
with anybody besides you?
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No way. She's a good girl.
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Could we...
Yeah, yeah.
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New York's finest.
Hey, he cheats on his wife.
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You built a new wing on some
casino in Atlantic City.
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I liked the liquid refreshment
a little too much.
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We're dogs, every one of us.
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No wonder the public thinks
so highly of us.
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Oh, no, they love us. They have to.
(CELL PHONE RINGING)
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When they run away from
something, we run toward it.
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Yeah, Green.
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Okay. Could you do me a favor?
Get that over to Forensics.
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All right. Cool. Thanks, man.
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A BMW was clipped last night around the
corner from the scene by a blue car.
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Could be our shooter.
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I parked it in front of my house two
nights ago when I got home. I overslept.
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The next morning it was gone. Why
didn't you report it stolen?
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Because I thought
you guys towed it.
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And you didn't call
Parking Enforcement to check?
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I didn't have the money to claim it
back until next week's pay check.
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Took me an hour-and-a-half
on the bus to get here.
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Does anybody else have
access to the car, Ms. Thomas?
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Like who?
A kid, for instance.
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My son is dead.
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So, you did your good deed
telling me it was stolen.
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You can go now.
I got work to do.
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You don't understand,
Ms. Thomas.
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Whoever took your car may have
tried to shoot a police officer.
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Oh, that sure explains it.
ED: Explains what?
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How hard would you have looked
if it was me reported it stolen?
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So much for your theory
about the public loving us.
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Well, there's an exception
to every rule.
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Well, hopefully she don't
work every night. Hey!
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ED: How you doing? Can we talk
to you about Janet Thomas?
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Who'd she kill?
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Now why would you say that?
She's got a temper, that one.
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Thinks the world owes her.
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Last night she screamed at me because I
took the last milk in the Nurses' Lounge.
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So she was here all night?
Until midnight.
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You don't know
the problems that caused.
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ED: What you mean, she don't
care for the graveyard shift?
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Well, just the opposite.
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Well, they wanted to put her on days,
but she raised all kinds of hell.
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Says she's got to be home when her
son gets home from high school.
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Her son?
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She told us her kid died.
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Looks like she's lying
to someone.
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Well, why do you suppose she wouldn't
tell us she had another kid?
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I don't know.
Let's ask him.
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Thank you.
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(SCHOOL BELL RINGS)
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BRISCOE: Back when
I was using Clearasil,
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we didn't have to walk
through metal detectors.
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When you were 18, I doubt if you
could buy a semi-automatic weapon
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on every street corner.
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Wait. Are you saying Stevie...
No. No.
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He smokes some weed.
Cuts some classes.
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Nothing out of the ordinary.
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Unfortunately, that's a truth the
times have made me live with.
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If you wait here,
I'll bring him out.
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All I can say is
I'm glad my kid is grown.
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I'm glad I'm grown.
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Look, I don't know
what you think I've done.
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It's not me, Stevie. It's
the detectives want a word.
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Man, I ain't do nothing!
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I ain't do... Yeah. You can tell
me all about it down at the squad.
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Come on.
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Alice Cashman.
Don't know her.
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BRISCOE: Cushman.
And she's a cop.
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Well, maybe she was getting a payoff under
the table or something. I don't know.
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Where did you come up with that?
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That's what they do, ain't it?
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How old are you?
What's it matter?
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There's something
you ought to know, Stevie.
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My partner here, he's famous all
over the city for his temper.
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You can tell your partner to kiss my ass.
I ain't done nothing.
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Not like it makes
no difference though.
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You haven't been reading
the papers, have you, kid?
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Cops are heroes now.
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Not to me, they ain't.
You know what, Lennie?
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I think you could use
a cup of coffee.
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(DOOR CLOSES)
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Let me tell you something,
Stevie.
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That little attitude of yours,
that might play on the street,
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but from this moment on,
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all it's gonna do is dig you in
a hole you can't get out of.
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Man, I can handle it!
Hey, man, you shot a cop.
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People around here, including
me, don't appreciate that.
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00:09:58,169 --> 00:10:01,071
So, what! "Officer Tom's" gonna
rescue me now? Oh, hell, no.
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00:10:01,374 --> 00:10:04,071
I'm just telling you what's what.
After that, it's up to you.
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So what? You get some kind of raise
to take a brother off the street?
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That's right, man. For every 10 I
bring in I get an extra day's pay.
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00:10:12,892 --> 00:10:15,361
If he's got a big mouth,
I get two days!
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00:10:15,997 --> 00:10:19,435
If I bring him in a little bloody, the
man gives me a damn toaster oven!
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00:10:20,236 --> 00:10:23,207
The best thing for you to do,
Stevie, is for you to talk to me.
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00:10:23,275 --> 00:10:26,974
Gimme a reason why?
I am your last chance, bra!
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00:10:27,614 --> 00:10:29,640
You shot a white cop.
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00:10:30,052 --> 00:10:33,751
Nobody else in this building wants
to listen to your little ass.
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00:10:33,824 --> 00:10:35,315
You want me to say I'm sorry?
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00:10:35,394 --> 00:10:37,795
The only thing I'm sorry about
is that cop is still alive.
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You don't even have a record!
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00:10:40,501 --> 00:10:42,528
Now I know you didn't
wake up one day and say,
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"I'm going out
and shoot me a cop today!"
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00:10:44,575 --> 00:10:46,544
What do you know!
Stevie.
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Tell me why, please.
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00:10:55,058 --> 00:10:58,757
You think I don't know you?
I know everything about you.
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Whitey gets shot or gets a hangnail,
they snap and Tom comes running.
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00:11:08,011 --> 00:11:13,316
But my brother gets shot. (SOBBING)
And no one... No one does nothing.
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00:11:13,620 --> 00:11:16,385
No one gives a damn!
No one but me!
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00:11:18,260 --> 00:11:20,958
So what, you take down a cop,
just to even things out?
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00:11:22,433 --> 00:11:26,701
That's right.
You better believe it.
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00:11:36,289 --> 00:11:40,159
Your client didn't ask for an
attorney until after he confessed.
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00:11:40,228 --> 00:11:42,663
Well, be that as it may,
he's just a child.
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00:11:42,731 --> 00:11:45,725
It just so happens his 18th
birthday was last week.
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So he's not entitled to have a parent
with him in the interrogation room.
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00:11:49,676 --> 00:11:50,677
Eighteen.
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00:11:50,911 --> 00:11:52,937
Let me ask you, Lieutenant,
when you were 18,
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00:11:53,014 --> 00:11:55,415
would you have been capable
of holding your own alone,
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00:11:55,484 --> 00:11:57,680
in a closed room
with two homicide detectives?
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00:11:57,755 --> 00:12:01,386
I wouldn't have popped
three rounds at a cop.
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00:12:02,662 --> 00:12:05,258
I would have thought the air in
here would be more sympathetic.
231
00:12:06,568 --> 00:12:08,697
Now why would you think that?
232
00:12:10,174 --> 00:12:11,437
Do I offend you, Lieutenant?
233
00:12:11,509 --> 00:12:15,277
You know, the truth is, Counselor,
I've seen you in action.
234
00:12:15,349 --> 00:12:20,312
I've seen you turn a simple assault
into Brown v. Board of Education.
235
00:12:20,390 --> 00:12:21,949
When the sheet fits...
236
00:12:22,026 --> 00:12:25,191
Your client shot an innocent
cop, a wife, a mother.
237
00:12:25,264 --> 00:12:27,665
Because his brother was
murdered eight years ago
238
00:12:27,735 --> 00:12:31,002
and a whole bunch of other innocent
cops shined him and his mother on.
239
00:12:31,073 --> 00:12:32,371
Which is a fact you can take up
240
00:12:32,442 --> 00:12:34,035
with the District Attorney,
Counselor.
241
00:12:34,379 --> 00:12:37,282
Who, if they ever get around
to it, will quickly see
242
00:12:37,350 --> 00:12:40,684
this is not the kind of case they
want to put in front of a jury.
243
00:12:42,290 --> 00:12:43,883
Have a nice day.
244
00:12:46,398 --> 00:12:49,699
There he goes. Johnnie
Cochran without the rhyme.
245
00:12:49,770 --> 00:12:51,796
He's just saying
what we already know.
246
00:12:51,873 --> 00:12:54,399
Let's not pretend Joe Cop
moves with the same speed
247
00:12:54,476 --> 00:12:57,743
when the call's to 125th and
Lennox than to 63rd and Park.
248
00:12:58,315 --> 00:13:03,051
Okay. 1994. The 16 investigated
the murder of an Eric Thomas.
249
00:13:03,123 --> 00:13:04,250
ED: You call up the file?
250
00:13:04,325 --> 00:13:07,386
All the current database had was
the name and "case closed."
251
00:13:07,463 --> 00:13:08,464
There you go.
252
00:13:08,532 --> 00:13:11,161
That means we caught the guy
who killed Eric Thomas
253
00:13:11,236 --> 00:13:15,607
and now his kid brother and his esteemed
attorney are trying to pull a fast one.
254
00:13:15,676 --> 00:13:17,008
You know, we should talk
to the lead detective.
255
00:13:17,078 --> 00:13:19,104
That'll be hard to do
without a séance.
256
00:13:19,182 --> 00:13:21,378
Lead detective was a guy
named Nick Helms.
257
00:13:21,452 --> 00:13:23,387
I went to his funeral
about six years ago.
258
00:13:23,455 --> 00:13:25,185
ED: Well, I hope you brought
your antihistamine.
259
00:13:25,257 --> 00:13:27,192
Why?
You ever been to "Dead Files"?
260
00:13:27,260 --> 00:13:29,856
Whoa. Whoa. The computer
said the case is closed.
261
00:13:29,932 --> 00:13:31,400
Well, this one isn't.
262
00:13:31,468 --> 00:13:32,697
And this kid's
whole defense is that
263
00:13:32,770 --> 00:13:34,671
we screwed up on his brother's
murder investigation.
264
00:13:34,739 --> 00:13:37,971
So what? So I, for one,
would like to know how bad.
265
00:13:43,052 --> 00:13:44,918
Bottom line, Ed,
no matter what we find,
266
00:13:44,988 --> 00:13:47,652
it doesn't justify that kid
shooting at a cop.
267
00:13:47,726 --> 00:13:49,217
It could affect sentencing.
268
00:13:49,295 --> 00:13:52,026
And if God had wanted man
to have fair trials
269
00:13:52,099 --> 00:13:55,764
he would have given the jury Pentium
processors instead of prejudices.
270
00:13:56,373 --> 00:14:00,778
Hey, all I'm saying is people bring a whole
lot of baggage into everything they do
271
00:14:00,846 --> 00:14:03,942
and lawyers, like Halpert, know
how to make the worst of it.
272
00:14:05,854 --> 00:14:07,823
Here's all I got.
273
00:14:08,224 --> 00:14:09,783
"All you got"?
What does that mean?
274
00:14:09,860 --> 00:14:11,692
Most of the file looks lost.
275
00:14:11,763 --> 00:14:14,928
Lost? This is file storage.
How do you lose a file?
276
00:14:15,035 --> 00:14:16,036
Eight years.
277
00:14:16,337 --> 00:14:21,437
CLERK: I'll put out an APB, but based
on past experience, odds aren't good.
278
00:14:26,987 --> 00:14:29,821
I'm starting to think
Halpert is right.
279
00:14:32,195 --> 00:14:37,134
Complaint was called in by a neighbor
who found the body on 128th Street.
280
00:14:37,203 --> 00:14:40,834
Cops arrived at 1:48 a.m.
And found Eric Thomas dead.
281
00:14:41,176 --> 00:14:44,305
You hear what I said? Weapon was a
Ruger found four feet from the body.
282
00:14:44,548 --> 00:14:46,608
Should be in the
Property Clerk's unit.
283
00:14:46,685 --> 00:14:50,179
But the death certificate and
final autopsy report are missing.
284
00:14:50,257 --> 00:14:51,257
Lennie...
285
00:14:51,526 --> 00:14:55,259
Hey, Ed, what do you want from me? I
sold my plantation over a century ago.
286
00:14:55,332 --> 00:14:56,458
All I'm saying is,
287
00:14:56,533 --> 00:14:59,060
where do they store the homicide
files for the rich, white kids?
288
00:14:59,137 --> 00:15:01,936
I think we can worry
about that another time,
289
00:15:02,008 --> 00:15:04,535
because Stevie's brother
Eric wasn't murdered.
290
00:15:05,080 --> 00:15:06,378
He committed suicide.
291
00:15:11,824 --> 00:15:14,555
Of course their report said
Eric committed suicide.
292
00:15:14,628 --> 00:15:17,861
That way the cops never had
to investigate the crime,
293
00:15:17,933 --> 00:15:21,336
that way they can sweep the life
of another innocent black child
294
00:15:21,405 --> 00:15:23,898
underneath their very
white carpets.
295
00:15:24,744 --> 00:15:26,804
Hey, he was just
getting warmed up.
296
00:15:26,880 --> 00:15:28,610
He can try his case
in the press,
297
00:15:28,683 --> 00:15:31,119
but that doesn't mean
I have to listen to it.
298
00:15:31,187 --> 00:15:35,319
The kid shot at a cop for no reason
other than that she was a cop.
299
00:15:35,394 --> 00:15:36,657
What does he want?
300
00:15:37,830 --> 00:15:40,392
Dead Files sent this over.
It was filed under "E".
301
00:15:40,468 --> 00:15:43,199
"E" for Eric, that makes sense.
302
00:15:45,576 --> 00:15:47,204
Says here that the weapon
was melted down
303
00:15:47,279 --> 00:15:49,748
three years after the case
was deemed a suicide.
304
00:15:50,183 --> 00:15:54,121
Your boy Helms interviewed somebody
named Jason Hendri three times.
305
00:15:54,189 --> 00:15:56,853
What about the death
certificate or autopsy report?
306
00:15:57,829 --> 00:15:59,798
Well, it must be filed
with Hendri's statement.
307
00:15:59,865 --> 00:16:04,304
Well, let's hope he remembers seeing
Eric Thomas put one in his own head.
308
00:16:08,612 --> 00:16:11,639
Jason, I'm Detective Green.
This is Detective Briscoe.
309
00:16:12,719 --> 00:16:15,781
We want to talk to you
about Eric Thomas.
310
00:16:16,024 --> 00:16:17,925
What about him?
We're looking into his death.
311
00:16:17,993 --> 00:16:19,325
A little late, aren't you?
312
00:16:19,396 --> 00:16:20,488
Well, it's come up
in connection...
313
00:16:20,564 --> 00:16:21,691
Why'd I care about that?
314
00:16:21,766 --> 00:16:23,632
BRISCOE: We found your name
in the file.
315
00:16:23,802 --> 00:16:26,773
It seems you told Detective Helms
that you saw the shooting.
316
00:16:27,007 --> 00:16:28,270
(LAUGHS)
317
00:16:32,182 --> 00:16:33,182
(EXHALES FORCEFULLY)
318
00:16:35,286 --> 00:16:37,050
We want to laugh, too, man.
319
00:16:38,625 --> 00:16:39,626
What's in it for me?
320
00:16:39,694 --> 00:16:42,688
That nice warm feeling you get
from doing the right thing.
321
00:16:42,766 --> 00:16:45,065
You're serving three
consecutive life sentences,
322
00:16:45,136 --> 00:16:47,571
a few years off one of them
ain't gonna do much.
323
00:16:50,511 --> 00:16:51,843
Wanna know why I was laughing?
324
00:16:51,913 --> 00:16:54,883
I mean, what's it been, seven, eight years
you all haven't figured it out yet?
325
00:16:54,950 --> 00:16:56,612
ED: Figured out what?
326
00:16:56,887 --> 00:16:59,414
Yeah, I saw the son-of-a-bitch
who shot Eric Thomas.
327
00:16:59,825 --> 00:17:03,786
Pretty hard not to see when you the
son-of-a-bitch who pulled the trigger.
328
00:17:05,667 --> 00:17:06,668
You?
329
00:17:08,806 --> 00:17:11,002
(WHISPERING) Pow!
330
00:17:15,650 --> 00:17:17,175
You know,
it never ceases to amaze,
331
00:17:17,252 --> 00:17:20,951
the extent some people will go to prove
their ignorance, fear and hatred.
332
00:17:21,025 --> 00:17:23,688
No cameras here, Carl. No
need to waste the sound bite.
333
00:17:23,762 --> 00:17:28,225
Hey, let's discuss the mother of all
sound bites, "To protect and serve."
334
00:17:28,303 --> 00:17:30,238
Actually, I prefer
the unexpurgated version,
335
00:17:30,306 --> 00:17:33,243
"To protect and serve them
that look like us."
336
00:17:33,811 --> 00:17:35,905
I'm glad to see
you haven't lost a step.
337
00:17:36,349 --> 00:17:37,646
I'm just getting started.
338
00:17:37,717 --> 00:17:41,211
A suicide but no autopsy report?
Give me a break.
339
00:17:41,423 --> 00:17:44,952
A felony defense based on
incompetent office personnel?
340
00:17:45,028 --> 00:17:46,792
Oh, Jack, you're giving them
too much credit.
341
00:17:47,031 --> 00:17:49,797
Let me spell this one
out for you, "cover up."
342
00:17:50,003 --> 00:17:51,004
Nobody lost anything.
343
00:17:51,505 --> 00:17:53,838
That's right.
I saw your press conference.
344
00:17:53,909 --> 00:17:56,880
The cops didn't investigate it in
the first place. That's right.
345
00:17:56,947 --> 00:17:58,210
Why bother to investigate
346
00:17:58,283 --> 00:18:00,964
when you can get one of your lackeys
to check the little suicide box.
347
00:18:01,622 --> 00:18:05,560
Neat. Clean. No fuss. No muss. Best
of all everyone's home for dinner.
348
00:18:05,628 --> 00:18:08,758
Even if that were true, vengeance
isn't a defense for attempted murder.
349
00:18:08,833 --> 00:18:11,997
I'm not sure this even rises
to the level of vengeance.
350
00:18:12,372 --> 00:18:15,706
Officer Cushman wasn't even on
the force when Eric Thomas died.
351
00:18:15,777 --> 00:18:17,210
The criminal acts
against my client
352
00:18:17,279 --> 00:18:20,148
weren't committed by an individual
but by the entire system.
353
00:18:20,584 --> 00:18:22,109
Now, you call a murder a suicide
354
00:18:22,186 --> 00:18:24,884
and the victim's family is
robbed ofjustice under the law.
355
00:18:24,958 --> 00:18:28,156
This is nonsense. It's obvious you
just want to inflame the jury.
356
00:18:28,229 --> 00:18:29,720
Big picture, Ms. Southerlyn.
357
00:18:29,798 --> 00:18:31,824
This case is not
about a devastated kid,
358
00:18:31,902 --> 00:18:36,170
it's about Jim Crow, new and improved
racism with a felt-tipped pen.
359
00:18:36,442 --> 00:18:38,643
All I have to do is point the
jury in the right direction
360
00:18:38,645 --> 00:18:40,739
and they'll do exactly
what they should.
361
00:18:41,951 --> 00:18:43,249
Let your people go?
362
00:18:44,622 --> 00:18:48,822
(CHUCKLES) Yeah. Perhaps. But
I'll settle for Stevie Thomas.
363
00:18:49,629 --> 00:18:51,895
Carl, Carl.
364
00:18:53,034 --> 00:18:57,565
I'm sure you had better things to do with
this morning than spend it here with me.
365
00:18:59,912 --> 00:19:02,006
Simple assault. No time.
366
00:19:02,883 --> 00:19:06,116
He shot a cop,
you know I can't do that.
367
00:19:08,392 --> 00:19:12,194
As always, my brother, time
with you, is time well spent.
368
00:19:13,734 --> 00:19:15,259
Ms. Southerlyn.
369
00:19:19,943 --> 00:19:23,210
We can move to exclude all evidence
of Eric Thomas' death as irrelevant.
370
00:19:23,816 --> 00:19:26,684
Or we can cut it off
at the pass.
371
00:19:26,754 --> 00:19:29,623
If we can prove beyond a doubt
that it was a suicide,
372
00:19:29,692 --> 00:19:33,152
we essentially prove that the
police didn't do anything wrong.
373
00:19:33,231 --> 00:19:36,964
Start with whoever it was that
wielded that felt-tipped pen.
374
00:19:38,305 --> 00:19:41,070
RODGERS: I put in a request
to records after you called.
375
00:19:41,143 --> 00:19:42,736
My luck was about
the same as the cops.
376
00:19:42,812 --> 00:19:45,111
Files don't just disappear.
Really?
377
00:19:45,182 --> 00:19:47,048
What city do you work for?
378
00:19:47,119 --> 00:19:49,418
The good news,
we did come up with a name,
379
00:19:49,489 --> 00:19:52,722
Gail Berardi performed
the autopsy on Eric Thomas.
380
00:19:52,795 --> 00:19:54,559
Great. If nobody's
misplaced her, that is.
381
00:19:54,631 --> 00:19:56,930
Yeah. You might
be better off.
382
00:19:57,134 --> 00:20:00,765
Gail left the M.E.'s Office a few years
ago to become a private consultant.
383
00:20:00,840 --> 00:20:02,775
The parting wasn't
what you would call sweet.
384
00:20:02,843 --> 00:20:06,372
What are you telling me, this woman
ransomed her autopsy reports?
385
00:20:06,782 --> 00:20:10,379
With Gail Berardi,
nothing would surprise me.
386
00:20:12,091 --> 00:20:13,616
I don't remember the case.
387
00:20:13,693 --> 00:20:16,357
The M.E.'s Office seems to
think you have the files.
388
00:20:16,431 --> 00:20:18,662
It's possible. I'll take a
look and get back to you.
389
00:20:18,734 --> 00:20:20,703
When?
I don't know.
390
00:20:20,771 --> 00:20:22,239
When I get around to it.
391
00:20:22,307 --> 00:20:25,403
I'm being called as an expert
tomorrow in Hartford. Next week, LA.
392
00:20:25,479 --> 00:20:26,879
I don't think
I made myself clear.
393
00:20:26,948 --> 00:20:30,613
This file is going to be evidence
in an attempted murder case.
394
00:20:30,787 --> 00:20:34,782
I don't think I made myself clear,
it's not my problem anymore.
395
00:20:35,862 --> 00:20:37,090
Goodbye.
396
00:20:38,632 --> 00:20:42,092
Dr. Berardi's files are
evidence in a felony trial.
397
00:20:42,171 --> 00:20:44,607
Subpoena them. That's the
first thing I threatened.
398
00:20:44,675 --> 00:20:47,201
But what's evidence to us
is work product to her.
399
00:20:47,279 --> 00:20:48,804
She'd fight it for sure.
400
00:20:48,882 --> 00:20:52,445
This woman rents herself out as
an expert witness, doesn't she?
401
00:20:52,954 --> 00:20:54,946
You want to hire her?
No.
402
00:20:55,024 --> 00:20:56,151
But no one else will either
403
00:20:56,226 --> 00:20:59,959
if we charge her with embezzlement
of government property.
404
00:21:02,770 --> 00:21:06,003
SERENA: Dr. Berardi took files
when she left the M.E.'s Office.
405
00:21:06,075 --> 00:21:08,874
Her personal files,
which she had every right to.
406
00:21:08,946 --> 00:21:12,543
As an employee of the State those files
were produced at behest of the State.
407
00:21:12,785 --> 00:21:14,880
They were in effect
"works for hire"
408
00:21:14,956 --> 00:21:17,391
and were and remain
her employer's property.
409
00:21:17,459 --> 00:21:20,487
What is it we're talking about here?
Research? Time cards?
410
00:21:20,898 --> 00:21:22,423
Autopsy reports.
411
00:21:23,402 --> 00:21:24,403
Shame on you.
412
00:21:25,238 --> 00:21:26,228
SERENA: Thank you, Your Honor.
413
00:21:26,407 --> 00:21:30,072
And shame on you for trying to
swat flies with SCUD missiles.
414
00:21:30,413 --> 00:21:32,279
This is a civil matter,
Counselor.
415
00:21:32,616 --> 00:21:34,414
If you want to argue
about personal property
416
00:21:34,485 --> 00:21:36,249
you should take it up with
people who actually give a damn
417
00:21:36,322 --> 00:21:37,443
about this sort of nonsense.
418
00:21:37,824 --> 00:21:39,690
Your Honor...
You've got a colorable claim
419
00:21:39,760 --> 00:21:41,592
and I use that term very freely.
420
00:21:42,398 --> 00:21:46,029
Although I'd love to, I can't in
good conscience dismiss the charges.
421
00:21:46,371 --> 00:21:47,839
So what do you say, Doc?
422
00:21:47,907 --> 00:21:50,570
Give the lady her files or you're
looking at one major headache.
423
00:21:52,982 --> 00:21:56,943
These notes are better organized and
more detailed than most of what I see.
424
00:21:57,455 --> 00:21:59,948
The cause of death was a single
gunshot wound to the skull.
425
00:22:00,026 --> 00:22:01,323
Consistent with suicide?
426
00:22:01,427 --> 00:22:04,694
No. I said organized and detailed.
I didn't say complete.
427
00:22:04,766 --> 00:22:06,029
Why aren't I surprised?
428
00:22:06,937 --> 00:22:10,932
There's nothing here regarding the position
of either entrance or exit wounds.
429
00:22:11,010 --> 00:22:13,502
Trace gunshot residue is
referenced but taken alone,
430
00:22:13,580 --> 00:22:15,481
that's not enough
to say for sure.
431
00:22:15,650 --> 00:22:17,950
See, you really need to examine
the beveling of the bone.
432
00:22:18,321 --> 00:22:20,290
We typically keep
photos and scale drawings.
433
00:22:20,357 --> 00:22:21,825
Do you think
Berardi held them back?
434
00:22:21,893 --> 00:22:24,192
Oh, you'd never be able
to prove it if she did.
435
00:22:24,263 --> 00:22:29,260
Documents from closed files are often used
for research, teaching, statistical studies.
436
00:22:29,505 --> 00:22:31,626
Her reports could be anywhere
between here and Albany.
437
00:22:31,641 --> 00:22:34,077
So you're telling me I won
the battle and lost the war?
438
00:22:34,146 --> 00:22:35,443
Not necessarily.
439
00:22:35,515 --> 00:22:36,846
You've still got
a fighting chance
440
00:22:36,916 --> 00:22:39,751
if you get me the skull
of Eric Thomas.
441
00:22:41,324 --> 00:22:44,351
You people. You tossed one of
my boys off like he's garbage.
442
00:22:44,428 --> 00:22:46,158
Now you want me
to pull him from his grave?
443
00:22:46,230 --> 00:22:48,872
If Eric were my son, I'd want to
know for sure what happened to him.
444
00:22:49,002 --> 00:22:51,471
I always knew what happened.
Now I know how and who.
445
00:22:51,707 --> 00:22:54,541
Of course. I understand.
What do you understand?
446
00:22:54,877 --> 00:22:58,110
You don't care a damn about Eric. You
just want to save some cops' butts.
447
00:22:59,518 --> 00:23:02,010
Those are some pretty
harsh words, Mrs. Thomas.
448
00:23:02,122 --> 00:23:03,123
You earned them.
449
00:23:03,458 --> 00:23:05,586
Eight years you people have
kept me dangling on a string.
450
00:23:05,661 --> 00:23:07,142
Well, I'm not dancing
for you no more.
451
00:23:07,197 --> 00:23:09,759
I don't care how many
strings you try to pull.
452
00:23:10,035 --> 00:23:11,526
Of course not.
453
00:23:12,205 --> 00:23:15,836
How about you let me talk to Mrs.
Thomas, mother-to-mother?
454
00:23:17,913 --> 00:23:19,677
Thanks.
455
00:23:24,357 --> 00:23:27,327
You know, it's a funny thing, Mrs.
Thomas,
456
00:23:27,395 --> 00:23:31,459
we have a laundry room
in the basement of my building
457
00:23:32,403 --> 00:23:37,002
and a couple of weeks ago I went down to
move a load from the washer to the dryer
458
00:23:37,077 --> 00:23:42,484
and I noticed that my box of detergent
was missing and I knew who did it.
459
00:23:43,086 --> 00:23:46,251
Mrs. Ross, second floor,
real scavenger, that one.
460
00:23:46,324 --> 00:23:47,792
You got a point?
461
00:23:48,461 --> 00:23:50,225
Yeah, I got a point.
462
00:23:51,199 --> 00:23:52,758
A week later,
463
00:23:53,669 --> 00:23:58,974
my son, my oldest, Stefan, gets
into a fist fight with Andy Ross.
464
00:23:59,044 --> 00:24:01,879
It seems
he called his mother a thief.
465
00:24:03,184 --> 00:24:06,918
Hatred isn't inherited,
Mrs. Thomas.
466
00:24:07,124 --> 00:24:08,124
It's learned.
467
00:24:08,258 --> 00:24:10,922
I didn't talk Stevie into doing this,
if that's where you're headed.
468
00:24:12,666 --> 00:24:16,695
I think I can understand how
angry you must be, how hurt.
469
00:24:17,506 --> 00:24:21,570
Now, I can see it in your
eyes and we just met.
470
00:24:22,781 --> 00:24:25,479
I can only imagine
what Stevie felt like
471
00:24:25,552 --> 00:24:29,752
looking at those eyes
for eight long years.
472
00:24:30,660 --> 00:24:34,530
He had to feel small, powerless,
473
00:24:34,867 --> 00:24:37,531
unable to ease
his mother's pain.
474
00:24:37,605 --> 00:24:40,074
He just turned 18, right?
475
00:24:40,842 --> 00:24:41,843
Yeah.
476
00:24:41,911 --> 00:24:48,718
So now how could he become a man if he
couldn't stop his mama's suffering?
477
00:24:49,556 --> 00:24:53,586
Stevie traded his life
to ease your hurt.
478
00:24:54,597 --> 00:24:56,828
The least you can do
is make it mean something.
479
00:24:58,169 --> 00:25:02,164
Prove to the world that your
oldest was really murdered
480
00:25:02,610 --> 00:25:06,412
and I swear to you
I will personally go after
481
00:25:06,483 --> 00:25:09,613
whoever was responsible
for covering it up.
482
00:25:43,874 --> 00:25:48,575
Oh, God. Oh, God!
483
00:25:50,317 --> 00:25:54,153
(SOBBING)
Help! Help me!
484
00:25:58,297 --> 00:26:01,358
The funeral home was owned
by Douglas Lexhall.
485
00:26:01,434 --> 00:26:02,800
Was?
He was convicted
486
00:26:02,870 --> 00:26:05,432
four years ago for selling
corpses without permission
487
00:26:05,508 --> 00:26:07,204
to foreign medical schools.
488
00:26:07,277 --> 00:26:10,475
The A.D.A. Handling the case thought
they'd ID'd all of the missing bodies.
489
00:26:11,584 --> 00:26:13,485
That is a real comfort.
490
00:26:13,920 --> 00:26:15,856
With the way this case has
been handled to date,
491
00:26:15,924 --> 00:26:19,156
I wouldn't be surprised
if Eric Thomas just got fed up
492
00:26:19,229 --> 00:26:20,959
and decided to walk off
on his own!
493
00:26:21,566 --> 00:26:23,694
Missing files.
Missing bodies.
494
00:26:23,770 --> 00:26:25,796
I for one would like to display
495
00:26:25,873 --> 00:26:29,072
at least a modicum
of competency at my job.
496
00:26:29,278 --> 00:26:33,216
And if my office can't convict a kid
who confessed to shooting a cop,
497
00:26:33,819 --> 00:26:36,015
then I'm not gonna get
many more opportunities.
498
00:26:36,723 --> 00:26:40,217
Halpert's insisting that
Stevie Thomas does no time.
499
00:26:42,432 --> 00:26:43,433
(CHUCKLES)
500
00:26:45,303 --> 00:26:48,797
What the hell? At my age,
I should be fishing anyway.
501
00:26:53,282 --> 00:26:56,947
JACK: On February 4th,
at approximately 10:15 p.m.,
502
00:26:57,456 --> 00:27:02,487
Stevie Thomas was not at home
working on his physics homework.
503
00:27:02,797 --> 00:27:05,528
He was not watching the Knicks
beat the Clippers on television.
504
00:27:05,601 --> 00:27:08,037
He was not talking
to his friends on the phone.
505
00:27:08,706 --> 00:27:11,905
On February 4th,
at approximately 10:15 p.m.,
506
00:27:11,978 --> 00:27:13,970
Stevie Thomas was
in his mother's car,
507
00:27:14,115 --> 00:27:15,344
without her knowledge,
508
00:27:15,417 --> 00:27:18,546
driving past the Market Diner
over on 11th Avenue.
509
00:27:18,622 --> 00:27:21,820
On February 4th,
at approximately 10:15 p.m.,
510
00:27:22,261 --> 00:27:26,290
police officer Alice Cushman
exited the Market Diner
511
00:27:26,734 --> 00:27:30,900
after having a cup of coffee with several
other officers from the 31st Precinct.
512
00:27:31,342 --> 00:27:33,004
She was on her way home.
513
00:27:33,712 --> 00:27:36,911
She was thinking about kissing her
sleeping baby, Rickie, on the forehead.
514
00:27:37,751 --> 00:27:40,984
On February 4th,
at approximately 10:15 p.m.,
515
00:27:41,490 --> 00:27:46,658
Stevie Thomas had a.38 caliber
revolver in his hand.
516
00:27:46,865 --> 00:27:50,132
He fired three times
from his mother's car.
517
00:27:50,972 --> 00:27:55,138
One of those bullets struck
Officer Cushman in the shoulder.
518
00:27:56,181 --> 00:28:00,916
Defense counsel will present a
bevy of possible explanations.
519
00:28:01,288 --> 00:28:03,656
But in a court of law
in the State of New York,
520
00:28:03,725 --> 00:28:06,320
they have nothing
to do with the case.
521
00:28:07,631 --> 00:28:09,623
Stevie Thomas shot a cop.
522
00:28:12,539 --> 00:28:14,508
That's all that matters.
523
00:28:18,481 --> 00:28:20,973
Your opening statement,
Mr. Halpert?
524
00:28:23,456 --> 00:28:24,821
I think I'll pass, Your Honor.
525
00:28:32,136 --> 00:28:34,435
Actually, I didn't know
what happened.
526
00:28:34,506 --> 00:28:38,103
I remember a flash of light,
wheels screeching,
527
00:28:38,179 --> 00:28:40,375
a shooting pain
running down my side,
528
00:28:40,883 --> 00:28:42,545
and then I guess I passed out.
529
00:28:42,685 --> 00:28:44,051
Could you identify the car?
530
00:28:44,455 --> 00:28:46,321
It was blue.
Kind of old.
531
00:28:46,659 --> 00:28:49,720
A Pontiac, I think.
It happened fast.
532
00:28:50,398 --> 00:28:51,422
JACK: The driver?
533
00:28:51,499 --> 00:28:53,400
ALICE: The most I could tell
was that it was a male.
534
00:28:53,469 --> 00:28:56,471
JACK: Had you ever had any dealings with
the defendant prior to the shooting?
535
00:28:56,474 --> 00:28:58,340
I never saw him
face-to-face until today.
536
00:28:59,012 --> 00:29:00,536
JACK: Any members of
his family?
537
00:29:00,613 --> 00:29:01,808
ALICE: Not that I'm aware of.
538
00:29:02,951 --> 00:29:04,681
Thank you, officer.
539
00:29:08,893 --> 00:29:12,228
So other than being male, you can't
tell us anything about the driver?
540
00:29:13,701 --> 00:29:15,829
He was African American,
if that's what you mean.
541
00:29:17,507 --> 00:29:19,601
That's exactly what I mean.
542
00:29:21,179 --> 00:29:23,171
Nothing more, Your Honor.
543
00:29:25,252 --> 00:29:28,246
Forensics determined that the
bullet taken out of Officer Cushman
544
00:29:28,324 --> 00:29:29,324
was from a.38
545
00:29:29,392 --> 00:29:32,624
that was found in the trunk of an
abandoned car in Long Island City.
546
00:29:32,863 --> 00:29:35,265
The car was registered
to one Janet Thomas.
547
00:29:35,335 --> 00:29:36,375
Did there ever come a time
548
00:29:36,402 --> 00:29:39,532
when you personally spoke to
the defendant, Stevie Thomas?
549
00:29:39,607 --> 00:29:40,608
Yes.
550
00:29:40,676 --> 00:29:44,170
My partner, Detective Briscoe and I brought
him down to the squad for questioning.
551
00:29:44,649 --> 00:29:46,174
And what happened?
552
00:29:46,251 --> 00:29:48,243
He confessed
to shooting Officer Cushman.
553
00:30:00,107 --> 00:30:03,510
What did Detective Briscoe say
after Stevie confessed?
554
00:30:03,579 --> 00:30:06,378
He wasn't in the room.
Really?
555
00:30:07,018 --> 00:30:10,099
I could have sworn you just testified
that the two of you questioned my client.
556
00:30:10,122 --> 00:30:13,059
Detective Briscoe was in the room
for part of the interrogation.
557
00:30:13,127 --> 00:30:15,187
He left before
the defendant confessed.
558
00:30:15,263 --> 00:30:17,027
I see.
559
00:30:17,099 --> 00:30:18,300
So from now on we'd best assume
560
00:30:18,368 --> 00:30:20,735
what you tell us
is "kind of" the truth.
561
00:30:20,805 --> 00:30:24,766
Tag-teaming a suspect is often the most
efficient way of interrogating him.
562
00:30:24,844 --> 00:30:26,472
It throws the suspect off.
563
00:30:26,547 --> 00:30:30,646
Sometimes he forgets what he told one
detective and he changes his story.
564
00:30:30,721 --> 00:30:32,849
Either way, the other detective
565
00:30:32,924 --> 00:30:36,623
is monitoring the interrogation
from the observation room.
566
00:30:37,197 --> 00:30:39,497
Did you question Stevie
about where he got the car?
567
00:30:39,568 --> 00:30:40,568
Yes.
568
00:30:40,636 --> 00:30:42,264
About the shooting?
Yes.
569
00:30:42,338 --> 00:30:45,309
And there was something else,
something about a new toaster oven.
570
00:30:47,246 --> 00:30:48,544
That was a figure of speech.
571
00:30:48,816 --> 00:30:50,045
HALPERT: I never heard it used
in the context
572
00:30:50,118 --> 00:30:51,745
of a police interrogation
before.
573
00:30:53,022 --> 00:30:54,223
Why don't you explain it to me?
574
00:30:55,025 --> 00:30:57,825
Your client was being
completely disrespectful.
575
00:30:58,564 --> 00:30:59,930
And you thought
toast would help?
576
00:31:00,567 --> 00:31:02,160
He was denigrating me as a cop.
577
00:31:02,236 --> 00:31:04,102
And you got mad?
No.
578
00:31:04,707 --> 00:31:06,141
I was always in control.
579
00:31:06,677 --> 00:31:10,308
Isn't it true you told Stevie that the
department gives out toaster ovens
580
00:31:10,382 --> 00:31:13,113
for every African American child
you beat the crap out of?
581
00:31:13,186 --> 00:31:14,313
I wasn't serious.
582
00:31:14,622 --> 00:31:15,681
You were joking?
583
00:31:15,891 --> 00:31:17,792
Yes. That's right.
584
00:31:17,961 --> 00:31:19,862
What did your partner,
who you've already testified
585
00:31:19,930 --> 00:31:21,364
was watching through the glass,
586
00:31:21,433 --> 00:31:23,664
what did he do when
you "joked" with my client?
587
00:31:23,769 --> 00:31:26,569
He watched.
A white cop just watched
588
00:31:26,641 --> 00:31:29,133
while his partner
threatened a black boy?
589
00:31:29,211 --> 00:31:31,272
Does this happen often?
Objection.
590
00:31:31,349 --> 00:31:32,680
JUDGE: Sustained.
591
00:31:33,819 --> 00:31:35,151
Withdrawn.
592
00:31:37,558 --> 00:31:40,393
Tell me, Detective.
Whose prints are on that.38?
593
00:31:41,164 --> 00:31:42,257
It was wiped clean.
594
00:31:42,332 --> 00:31:44,801
So you have no way of proving
exactly who fired it?
595
00:31:44,869 --> 00:31:46,030
ED: Your client confessed.
596
00:31:46,438 --> 00:31:48,737
After you threatened
to beat him silly!
597
00:32:03,364 --> 00:32:04,593
I didn't threaten him.
598
00:32:04,667 --> 00:32:07,570
When a jury is involved, the
truth doesn't always matter.
599
00:32:07,638 --> 00:32:08,730
Especially this jury.
600
00:32:08,807 --> 00:32:10,901
What are you saying,
"Especially this jury"?
601
00:32:10,977 --> 00:32:12,274
What's different
about this jury,
602
00:32:12,345 --> 00:32:13,745
that they wouldn't
recognize the truth?
603
00:32:13,814 --> 00:32:15,373
Halpert wants to show
604
00:32:15,450 --> 00:32:19,388
how irresponsible the force is when
dealing with the black community.
605
00:32:19,456 --> 00:32:20,754
He gave you the brush,
Detective,
606
00:32:21,192 --> 00:32:23,492
and you painted the exact
picture he was looking for.
607
00:32:23,563 --> 00:32:25,156
So can't you paint
a different picture?
608
00:32:25,433 --> 00:32:28,426
How? I don't have
any more witnesses.
609
00:32:32,677 --> 00:32:33,803
The People rest, your Honor.
610
00:32:36,450 --> 00:32:40,218
At this time, Your Honor, the defense is
prepared to proceed with its opening statement.
611
00:32:40,990 --> 00:32:42,788
Chambers, Your Honor.
612
00:32:45,631 --> 00:32:47,657
You can't open
in the middle of a trial.
613
00:32:47,734 --> 00:32:49,430
I don't see why not?
614
00:32:49,503 --> 00:32:50,971
The Court rules give me
the right
615
00:32:51,039 --> 00:32:52,473
to give an opening statement
to the jury.
616
00:32:52,541 --> 00:32:54,533
They don't specify
when I have to give it.
617
00:32:54,611 --> 00:32:55,909
The plain language of the rule
618
00:32:55,980 --> 00:32:58,609
suggests that it was intended to be
given at the opening of the trial.
619
00:32:58,684 --> 00:33:01,286
Well, that's funny, I thought it
meant at the "opening" of my case.
620
00:33:01,322 --> 00:33:02,756
This is merely a way for counsel
621
00:33:02,824 --> 00:33:05,555
to divert the jury's focus from
the People's case-in-chief.
622
00:33:05,628 --> 00:33:07,563
It would provide
a distinct advantage.
623
00:33:07,631 --> 00:33:09,312
HALPERT: Well, let's talk
about advantages.
624
00:33:09,334 --> 00:33:12,100
Which side gets to sit spitting
distance from the jury?
625
00:33:12,172 --> 00:33:14,004
Who gets
to open first and close last?
626
00:33:14,075 --> 00:33:16,910
If you forgot,
it's the State on both counts.
627
00:33:16,980 --> 00:33:19,882
I'm just trying to offset the
overwhelming advantage the State has
628
00:33:19,950 --> 00:33:21,885
the moment we open
the doors to the courtroom.
629
00:33:22,455 --> 00:33:23,649
I never thought of that.
630
00:33:24,658 --> 00:33:26,286
Well, you've never been
a defendant.
631
00:33:27,462 --> 00:33:29,397
The rules don't prohibit it,
so why should I?
632
00:33:34,440 --> 00:33:35,703
HALPERT: You know,
before I got here today,
633
00:33:35,775 --> 00:33:37,835
I joined an acquaintance
of mine on line
634
00:33:37,912 --> 00:33:40,314
at a coffee truck
around the corner.
635
00:33:40,383 --> 00:33:44,446
We reached the counter and we both
ordered a cup of coffee and a Danish.
636
00:33:44,522 --> 00:33:46,957
Unfortunately, there was
only one Danish left
637
00:33:47,093 --> 00:33:49,655
and the man at the counter
gave it to my friend.
638
00:33:49,931 --> 00:33:53,164
He was white. I was mad.
639
00:33:54,905 --> 00:33:57,101
Now here I was,
an established attorney
640
00:33:57,175 --> 00:33:59,610
who'd argued before this
country's Supreme Court
641
00:33:59,679 --> 00:34:03,344
and yet this "slight"
made my blood boil.
642
00:34:03,886 --> 00:34:05,946
Not because I had my heart set
on that Danish, no,
643
00:34:06,022 --> 00:34:09,585
but because for that moment
in time I was invisible.
644
00:34:11,965 --> 00:34:14,765
Now just imagine
how mad I would have been
645
00:34:15,504 --> 00:34:17,097
if I wasn't an attorney,
646
00:34:18,075 --> 00:34:20,408
if I was an 18-year-old boy.
647
00:34:20,478 --> 00:34:22,743
If it wasn't some ignoramus
behind a coffee counter
648
00:34:22,815 --> 00:34:25,445
who made me disappear,
but the police.
649
00:34:26,087 --> 00:34:27,521
Imagine how mad I'd have been
650
00:34:27,589 --> 00:34:33,087
if I wasn't turned invisible for a
moment, but for eight long years.
651
00:34:34,934 --> 00:34:38,269
Stevie Thomas's big brother, Eric,
was murdered eight years ago.
652
00:34:38,339 --> 00:34:41,572
The police made the case disappear
by calling it a suicide.
653
00:34:41,645 --> 00:34:45,947
They kept it invisible by not only losing
the records but his brother's body.
654
00:34:47,053 --> 00:34:50,252
Now. As you listen to my case,
please keep two things in mind:
655
00:34:51,293 --> 00:34:53,319
Stevie's prints
were not on the weapon.
656
00:34:53,864 --> 00:34:57,130
And there are no witnesses
to put him at the scene.
657
00:35:05,648 --> 00:35:07,617
I knew Eric Thomas from around.
658
00:35:07,685 --> 00:35:09,917
You were friends?
I wouldn't go that far.
659
00:35:10,556 --> 00:35:13,219
Tell us about the last time you
saw him, if you could. Sure.
660
00:35:13,628 --> 00:35:16,621
Maybe eight years ago, it was
at night, maybe 9:00, 9:30.
661
00:35:16,933 --> 00:35:19,300
We got into, like, a scuffle.
And what happened?
662
00:35:19,370 --> 00:35:20,731
HENDRl: Eric wasn't
all that tough.
663
00:35:20,806 --> 00:35:23,275
He tried to run, I put a round
through the back of his head.
664
00:35:23,376 --> 00:35:25,345
You shot him?
That's right.
665
00:35:26,948 --> 00:35:29,646
Were you ever questioned by the
police regarding this shooting?
666
00:35:29,720 --> 00:35:31,689
Sure, but I gave them
some song and dance.
667
00:35:32,423 --> 00:35:34,985
You're currently incarcerated at
Sing Sing State Penitentiary,
668
00:35:35,228 --> 00:35:36,354
are you not, Mr. Hendri?
669
00:35:36,429 --> 00:35:37,920
That's right. Three
counts of murder.
670
00:35:37,999 --> 00:35:39,200
When do you expect to get out?
671
00:35:39,868 --> 00:35:41,234
I don't.
672
00:35:41,304 --> 00:35:43,900
So, you have no reason to lie,
do you?
673
00:35:48,315 --> 00:35:50,910
You have no reason to tell the
truth either, isn't that right?
674
00:35:50,986 --> 00:35:51,986
Huh?
675
00:35:52,087 --> 00:35:55,388
The State can't do anything more to
you, so why not have a little fun,
676
00:35:55,459 --> 00:35:58,521
get your name in the paper,
your face on the news.
677
00:35:59,032 --> 00:36:02,470
All I know is, I shot him smack
in the back of the head.
678
00:36:10,884 --> 00:36:14,549
It was Detective Helms working the case.
He told me he was dead.
679
00:36:14,623 --> 00:36:16,751
Did he ever once say
your son committed suicide?
680
00:36:16,826 --> 00:36:18,124
Not at first.
681
00:36:18,195 --> 00:36:20,391
So, initially, he told you
Eric was murdered?
682
00:36:20,465 --> 00:36:22,161
It was more than once.
683
00:36:22,234 --> 00:36:24,755
Every time he told me he was getting
close to finding the killer.
684
00:36:25,206 --> 00:36:27,505
Then one day he tells me
to stop calling him.
685
00:36:27,576 --> 00:36:30,672
Eric killed himself, he said.
He's off the case.
686
00:36:32,049 --> 00:36:33,050
Did you believe him?
687
00:36:33,852 --> 00:36:38,053
I knew my son. I knew there was no
way he would take his own life.
688
00:36:38,893 --> 00:36:41,420
So I went to his Lieutenant
and then his Captain.
689
00:36:41,498 --> 00:36:44,468
Both of them told me there
was nothing they could do.
690
00:36:44,535 --> 00:36:45,969
They said Eric committed suicide
691
00:36:46,038 --> 00:36:48,770
and I should stop bothering
them and get on with my life.
692
00:36:50,078 --> 00:36:51,670
Were Eric and Stevie close?
693
00:36:55,654 --> 00:36:58,123
Since my husband passed away,
694
00:36:58,491 --> 00:37:02,863
Eric was like both his
brother and his father.
695
00:37:05,969 --> 00:37:08,599
Eric would do anything
for Stevie.
696
00:37:08,940 --> 00:37:12,139
And Stevie loved him
more than he loved himself.
697
00:37:12,446 --> 00:37:16,885
To have him murdered, to have his memory
treated like trash by the police...
698
00:37:25,833 --> 00:37:28,565
As one of the
Assistant Medical Examiners,
699
00:37:28,638 --> 00:37:31,164
it was my function
to perform autopsies.
700
00:37:31,376 --> 00:37:33,777
And you performed the autopsy
on Eric Thomas, did you?
701
00:37:34,246 --> 00:37:35,646
That was eight years ago.
702
00:37:35,716 --> 00:37:39,313
I don't remember, but if the records
show that I did, I won't argue.
703
00:37:41,224 --> 00:37:44,684
I show you what has been
marked Defendant's Exhibit D.
704
00:37:45,330 --> 00:37:46,611
Do you recognize it,
Dr. Berardi?
705
00:37:47,066 --> 00:37:49,160
Those are my initials, yes.
706
00:37:49,471 --> 00:37:51,463
Please tell the court
what it is.
707
00:37:51,540 --> 00:37:53,668
We call it
the M.E.'s Summary Report.
708
00:37:53,744 --> 00:37:56,043
It contains
the bottom line on a case?
709
00:37:56,114 --> 00:37:57,446
That's correct.
710
00:37:57,516 --> 00:38:01,045
Typically, there are detailed
reports found inside the folder.
711
00:38:05,128 --> 00:38:07,394
But, alas, this one's empty.
712
00:38:09,468 --> 00:38:11,130
Could that mean that the
detailed work you spoke of
713
00:38:11,204 --> 00:38:12,570
was not performed in this case?
714
00:38:12,640 --> 00:38:13,766
Absolutely not.
715
00:38:14,108 --> 00:38:18,013
I couldn't have completed the
summary if I hadn't done the work.
716
00:38:20,485 --> 00:38:24,480
And you know it was a suicide
because this little box is checked?
717
00:38:24,558 --> 00:38:25,583
That's correct.
718
00:38:25,660 --> 00:38:28,893
While at the M.E.'s office, I
performed thousands of autopsies
719
00:38:28,965 --> 00:38:31,799
and I followed the exact same
procedure with each of them.
720
00:38:31,869 --> 00:38:35,671
Okay, tell us what happens after
you check the little suicide box.
721
00:38:35,742 --> 00:38:38,235
The case is deemed closed.
722
00:38:38,313 --> 00:38:40,475
And the detectives stop working?
723
00:38:40,550 --> 00:38:41,609
That's correct.
724
00:38:41,685 --> 00:38:45,350
So, hypothetically,
if a detective was stumped
725
00:38:45,424 --> 00:38:48,657
or if he just didn't feel
like investigating the case,
726
00:38:48,729 --> 00:38:51,130
you could help him out
by making a little check here.
727
00:38:51,200 --> 00:38:52,668
That is absurd.
728
00:38:53,804 --> 00:38:55,466
But it's possible.
729
00:39:04,253 --> 00:39:07,918
Dr. Berardi, I show you what
we'll call People's 17.
730
00:39:08,560 --> 00:39:10,324
Do you recognize it?
731
00:39:11,866 --> 00:39:16,066
Yes, these are my notes from
the autopsy of Eric Thomas.
732
00:39:16,138 --> 00:39:17,538
Now, earlier, we heard
733
00:39:17,608 --> 00:39:22,378
Mr. Jason Hendri testify that he shot
Eric Thomas in the back of the head.
734
00:39:22,449 --> 00:39:25,510
Is there anything in these notes
that might confirm that statement?
735
00:39:25,820 --> 00:39:27,652
Actually, quite the opposite.
736
00:39:27,724 --> 00:39:32,095
I can state as a fact that Mr. Thomas
was not shot in the back of the head.
737
00:39:32,163 --> 00:39:33,688
Please explain.
738
00:39:34,400 --> 00:39:38,965
There were two holes in the
deceased's skull. Here and here.
739
00:39:39,475 --> 00:39:42,001
In the occipital
and temporal bones.
740
00:39:42,446 --> 00:39:46,316
The pattern of gunshot residue indicates
that the entrance wound was here.
741
00:39:46,386 --> 00:39:50,222
Then in your opinion
Mr. Hendri lied
742
00:39:50,292 --> 00:39:52,488
when he testified
that he murdered Mr. Thomas
743
00:39:52,561 --> 00:39:54,122
by shooting him
in the back of the head.
744
00:39:54,632 --> 00:39:55,894
That's correct.
745
00:39:56,402 --> 00:39:58,371
This all happened
eight years ago
746
00:39:58,438 --> 00:40:01,033
and I cannot say for sure
what happened.
747
00:40:01,810 --> 00:40:04,541
But because the suicide box
was checked,
748
00:40:05,616 --> 00:40:09,577
I would have to assume that there
were sufficient forensic markers
749
00:40:09,655 --> 00:40:11,749
to conclude that
this was not a homicide.
750
00:40:13,261 --> 00:40:15,162
JACK: Thank you, Dr. Berardi.
751
00:40:18,936 --> 00:40:20,404
(QUIETLY) I may have
misunderstood Rodgers,
752
00:40:20,472 --> 00:40:23,875
but I think Berardi's taking
liberties with the truth.
753
00:40:26,147 --> 00:40:27,410
Find out.
754
00:40:31,956 --> 00:40:34,984
I'm glad there are no hard
feelings, Dr. Berardi.
755
00:40:35,061 --> 00:40:37,394
Certainly appreciate your
coming down here.
756
00:40:37,465 --> 00:40:40,903
After what I did for you in court
today, I'd expect champagne.
757
00:40:40,970 --> 00:40:43,338
Don't get me wrong. I like
winning as much as the next guy
758
00:40:43,408 --> 00:40:47,005
but I don't like winning
with partially true testimony.
759
00:40:47,180 --> 00:40:48,180
You think I lied?
760
00:40:48,349 --> 00:40:51,148
Dr. Rodgers tells us that
gunshot residue by itself
761
00:40:51,220 --> 00:40:53,884
is not enough to determine
entrance and exit wounds.
762
00:40:53,991 --> 00:40:57,485
She told us that you'd have to examine
the beveling of the bones as well.
763
00:40:57,563 --> 00:41:00,158
We'd like to know why you omitted
that from your testimony.
764
00:41:00,401 --> 00:41:02,597
Hey, you go to hell!
765
00:41:02,671 --> 00:41:05,140
You made it perfectly clear
that I had to testify.
766
00:41:05,409 --> 00:41:08,278
Do you know
I busted my ass for this city,
767
00:41:08,347 --> 00:41:10,908
and they paid me back
by not paying me.
768
00:41:10,984 --> 00:41:14,183
But I came down here
against my better judgment
769
00:41:14,256 --> 00:41:19,891
to serve the city one more time
on a case I don't even remember.
770
00:41:20,800 --> 00:41:22,860
Do you want to know what it
was like for me at that time?
771
00:41:22,936 --> 00:41:26,840
I had 20 open cases
on my desk at any given time!
772
00:41:27,476 --> 00:41:29,342
I was overworked and overtired.
773
00:41:29,446 --> 00:41:31,244
SERENA: Are you saying
you made a mistake?
774
00:41:31,315 --> 00:41:33,581
That you checked
the suicide box by mistake?
775
00:41:34,720 --> 00:41:36,815
Haven't you ever made
a mistake, Counselor?
776
00:41:37,692 --> 00:41:40,218
Haven't you ever forgotten
a crucial question,
777
00:41:40,297 --> 00:41:42,823
forgotten a vital piece
of testimony?
778
00:41:43,701 --> 00:41:44,726
(SCOFFS)
779
00:41:44,803 --> 00:41:50,904
You know what, the truth
is I just don't know.
780
00:41:58,190 --> 00:42:00,285
Thanks for meeting me here.
781
00:42:00,461 --> 00:42:05,332
When I'm on trial I live on Frankie's
chili. Keeps the heart pumping.
782
00:42:06,470 --> 00:42:08,302
You can trade it in for a steak.
783
00:42:11,278 --> 00:42:15,114
I'm sorry, Jack, I can't
take a deal, especially now.
784
00:42:15,184 --> 00:42:17,653
I'm going to redirect Berardi
first thing tomorrow.
785
00:42:17,721 --> 00:42:21,990
She was tired. She was overworked.
She might have made a mistake.
786
00:42:22,061 --> 00:42:24,724
Or maybe
it wasn't a mistake at all.
787
00:42:24,798 --> 00:42:27,701
Look, Jack, if you were in my
position, who would you believe?
788
00:42:28,171 --> 00:42:31,267
A white woman who's already
lied once on the stand
789
00:42:31,342 --> 00:42:32,833
or a couple of centuries
of history.
790
00:42:32,912 --> 00:42:34,244
This isn't about history.
791
00:42:36,017 --> 00:42:39,921
Now, Jack, that was a very self-serving
rationalization and you know it.
792
00:42:39,989 --> 00:42:43,518
To a large portion of this country,
it is always about history.
793
00:42:46,098 --> 00:42:47,339
So you're fine with the next kid
794
00:42:47,367 --> 00:42:50,395
who's unhappy with the cop on the
corner and decides to get a gun?
795
00:42:50,472 --> 00:42:51,963
Of course not.
796
00:42:53,276 --> 00:42:55,610
But maybe now that kid won't
be condemned to live the life
797
00:42:55,681 --> 00:42:57,912
his father and grandfather
were forced to accept.
798
00:43:00,120 --> 00:43:02,146
It's not going to end, is it?
799
00:43:03,960 --> 00:43:04,961
(SIGHS)
800
00:43:05,429 --> 00:43:08,798
Jack, try the chili.
It's really good.
801
00:43:18,850 --> 00:43:21,183
JUDGE: Jury Foreman,
have you reached a verdict?
802
00:43:22,255 --> 00:43:23,256
We have.
803
00:43:23,323 --> 00:43:25,121
On the first count
of the indictment,
804
00:43:25,193 --> 00:43:28,392
attempted murder in the first
degree, how do you find?
805
00:43:28,465 --> 00:43:32,563
We find the defendant,
Steven Thomas, not guilty.
806
00:43:34,374 --> 00:43:35,706
(EXCLAIMING HAPPILY)
807
00:43:57,843 --> 00:44:01,372
Hello! You're not in a rush
to get home tonight?
808
00:44:03,018 --> 00:44:05,180
You know, I used to
wake up in the morning,
809
00:44:05,255 --> 00:44:10,662
brush my teeth, comb my hair, look in the
mirror and see a cop looking back at me.
810
00:44:11,265 --> 00:44:13,097
Stevie Thomas
shattered that mirror?
811
00:44:13,568 --> 00:44:16,368
Now I've got six eyes
looking back.
812
00:44:17,341 --> 00:44:21,610
A cop. A black woman.
A mother.
813
00:44:23,351 --> 00:44:25,149
That's lucky.
814
00:44:25,620 --> 00:44:27,179
You know what Eric Thomas sees?
815
00:44:29,093 --> 00:44:30,287
Nothing.