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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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Last year was
a total aberration.
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Last year was the
beginning of a dynasty
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with a capital
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Without Pedro? No way.
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That's right.
Who's your daddy?
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At least it's not
Steinbrenner.
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Big Unit, baby.
World championship,
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back where it belongs.
The Bronx!
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Pedro is a Met.
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Good luck. Guy's been
in there half an hour.
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Hey, fella?
Everything all right?
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Think he died
in there.
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Smells like he did.
Come on!
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(TRAIN HORN BLOWING)
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(PEOPLE SCREAMING)
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Morning rush, 8:22 to Grand Central.
Five DOAs and counting.
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What about
the driver?
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Dogs don't think
anybody's in there.
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We'll know for sure
once we open her up.
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Witnesses?
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Two so far.
Railroad guys.
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Don't know how much
they could have seen
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fixing a switch
100 yards away.
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We'll need to talk to them anyway.
Casey Jones, too.
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Casey Jones?
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The driver of the train. What
do you call it? The engineer.
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This isn't some crossing in the
middle of a cornfield in Kansas.
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How the hell did this thing
get on the tracks?
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The busted guard gate
up the service road,
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it looks like he
crashed through there.
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Any security video?
Supposed to be.
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I'll call the monitoring
center and get it cued up.
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From every camera in the yard. We're
gonna need ID on this vehicle.
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We ran the plates
already. Stolen.
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Off a car in Van Cortlandt
Park three days ago.
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Soon as CSU
finds the VIN...
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The rest of the passengers,
bumps and bruises,
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we need everybody lD'd,
everybody interviewed.
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There's a public school close by,
we're gonna bus them over there.
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Follow up at the hospitals with
the serious injured later.
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All right, thanks a lot, Sarge.
Good work.
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Stolen plates, busted gate,
restricted area. This is no accident.
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He'd have to know about the gates,
the schedule, the crossing.
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Disgruntled
employee?
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Been known to happen.
Mayhem in the workplace.
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That's one possibility.
I have another.
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Terrorists.
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That's a cheery thought.
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I'm full of them, pal.
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Suddenly we're on top
of the damn thing.
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I couldn't
believe my eyes.
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No signals,
no alarms?
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No warning whatsoever.
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Just that damn SUV,
looming up at me.
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I slammed on
the brakes, but...
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Felt like we were going over a cliff.
Slid right into it.
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You know, I maybe heard
something coming over the radio
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just as we were
plowing into the guy.
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Awarning?
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Could've been.
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To tell you the truth, between
the horn and the brakes
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and the sound of the crash,
my ears are still ringing.
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FONTANA: You get anything?
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No. They were clear down
the other end of the yard,
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they didn't even
see the crash.
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Any trace of
the driver?
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Dogs were right. Whoever
was in there is long gone.
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ASSISTANT M.E.:
Seven dead here.
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Halfa dozen on their way to the
O.R., could go either way.
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Did they get everyone
off the train?
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So they tell me.
All right, thanks.
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What do we have?
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Seven so far, it could
possibly go as high as 13.
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What about the driver?
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No trace of
the bastard.
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Are the Feds working
the terrorist angle?
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00:03:51,965 --> 00:03:54,935
Well, the Joint Terrorism
Task Force is checking to see
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if today is
some kind of anniversary
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that might've
triggered an attack.
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Grand Central, Penn Station and
Metro-North are all on red alert.
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Anybody take
credit for it yet?
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Not yet.
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Well, if he is aterrorist,
he's no suicide martyr.
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00:04:07,314 --> 00:04:09,908
Not all of them are. The guys
who hit the trains in Madrid
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hid their bombs
in suitcases and gym bags
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and got the hell
out of there.
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Like this guy.
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I gotta tell you, this doesn't
feel like aterrorist.
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It feels like
a nut job to me.
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Well, let's hope
you're right.
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Oh, man. He just blew
right on through there.
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Yeah, but the question is
who was minding the store?
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When the car crashed
through the gate,
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why didn't it
set off an alarm?
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It did. But by the time
we radioed the train...
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Why the slow response?
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Happened at shift change,
8:00 a.m.
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Yeah, sure.
Coffee and danish,
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somebody reading
the newspaper,
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nobody's paying
attention to the monitors.
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Guy knew what
he was doing.
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Pull it up a little closer.
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Well, somebody's in there, but I can't
tell if he's black or white, young or old.
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Male or female,
for that matter.
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Camera's set up to catch
kids coming over the gate,
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trespassers,
not cars crashing through it.
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Well, he crashed the gate
at 8:00 straight up, right?
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FONTANA: Right.
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Collision with the train
occurred at 8:03.
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He's cutting it
pretty close.
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What time was
the site secured?
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FONTANA: 8:20.
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So he had time
to get away.
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How many ways
out of the train yard?
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Couple of pedestrian gates,
but they were locked.
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Security cameras?
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We've already
looked at that footage.
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Nobody in or out of those
gates, before or after.
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Maybe he walked out the way he came in.
Right through there.
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He might still be in with the
passengers hiding in plain sight.
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Parks the SUV
on the tracks,
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sticks around
to see what happens.
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All that chaos,
who's gonna notice?
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Yeah, then they
seal off the scene,
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he's stuck, gets processed
with everyone else.
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We'll go back, see if they come across
anybody that doesn't seem to fit.
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We've processed 100, roughly.
Another 120 or so to go.
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What about the ones
who went to hospitals?
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We'll follow up on them
in a day or two.
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Do you get Aided
reports on everybody?
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We're looking at
IDs, addresses,
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dates of birth, where people got
on, where they were headed.
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Tickets? If they got 'em.
Lot of people don't.
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It's a commuter line.
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You ever ride it?
Perish the thought.
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Yeah, we're pretty casual
as far as tickets go.
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A lot of monthly passes.
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Is there anyone
we should re-interview?
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Nobody on the train
saw nothing.
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I mean, one minute
they're cruising along
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like every other day,
and the next...
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We were just wondering if one of the
passengers wasn't a passenger at all.
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You mean the driver
of the SUV?
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Anybody strikes us as wrong,
we flag them, definitely.
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What's the latest tally?
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Last I heard,
it's up to nine.
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(CELL PHONE RINGING)
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Fontana.
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Well, that's great. Thanks.
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They got the VIN number.
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What about prints? DNA?
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Come on, you don't want the
whole thing handed to you
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on a silver platter,
do you?
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Why not? A ground ball
every once in a while?
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The SUV belongs to a guy
named Lenny Thorne.
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Why does that name
ring a bell?
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Date rape, a hung
jury, mistrial.
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Right. The D.A.'s
gonna retry that case.
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He even held a press
conference to that effect.
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Guess who the A.D.A.
was? Marc Nesoff.
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Should I know
that name?
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Doesn't matter. Guess where
he was yesterday morning?
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On the train?
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On his way
into the office.
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FONTANA: Nesoff lives
in Chappaqua.
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He takes the same train into Grand
Central every day of the week.
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Wouldn't be hard for
Thorne to figure that out.
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What do we know
about this Mr. Thorne?
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Systems analyst,
college educated creep.
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There was an earlier case, the woman
dropped the criminal charges,
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she took a big civil settlement,
his family paid her off.
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I'm not sure it's
enough for a warrant.
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FONTANA:
Well, it should be.
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Well, this is a terrorist
investigation, right?
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00:07:41,328 --> 00:07:42,318
As of now.
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Patriot Act. We've got more than
enough to get a warrant under that.
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I assume
he's armed and dangerous.
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Police! Freeze!
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FALCO: Get your hands up!
Let me see your hands!
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OFFICER: Captain, clear.
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Hands on your head!
On your knees!
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Shut yourmouth!
Shut up!
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00:08:02,415 --> 00:08:04,509
No problem. You heard
the man, shut up!
189
00:08:04,985 --> 00:08:06,077
Detectives, we found this
in the bedroom closet.
190
00:08:06,152 --> 00:08:08,314
It isn't mine. I have no
idea how it got there.
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00:08:08,388 --> 00:08:11,050
Man, don't even go there,
we're not in the mood.
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00:08:14,627 --> 00:08:15,685
I don't know.
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00:08:15,762 --> 00:08:16,923
FONTANA:
You don't know?
194
00:08:16,997 --> 00:08:17,987
Nope. I don't know.
195
00:08:18,064 --> 00:08:19,088
But it's your car.
196
00:08:19,165 --> 00:08:20,894
Must've been stolen.
Did you report it?
197
00:08:20,967 --> 00:08:23,629
I didn't know it was gone, until
y'all come crashing in my apartment.
198
00:08:23,803 --> 00:08:24,929
When was the last
time you saw it?
199
00:08:25,005 --> 00:08:26,370
Couple days ago.
200
00:08:26,439 --> 00:08:28,066
Told you.
Found a primo parking spot.
201
00:08:28,141 --> 00:08:29,404
Didn't have to move it
until Tuesday.
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00:08:30,043 --> 00:08:32,102
You stole some plates,
you put them on your car,
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00:08:32,178 --> 00:08:34,078
you drove the car
onto the tracks,
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derailing the train,
and killing 10...
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00:08:36,149 --> 00:08:37,173
Twelve.
206
00:08:37,250 --> 00:08:38,740
Twelve people and injuring
God knows how many others.
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00:08:38,818 --> 00:08:39,808
Wasn't me.
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00:08:39,886 --> 00:08:41,285
You know who was
on that train?
209
00:08:41,354 --> 00:08:42,719
No idea, man.
210
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Marc Nesoff.
211
00:08:47,694 --> 00:08:48,786
Nesoffthe D.A.?
212
00:08:49,629 --> 00:08:50,994
No way.
Way.
213
00:08:52,465 --> 00:08:53,455
He hurt?
214
00:08:53,533 --> 00:08:55,501
Too bad for you,
no, he wasn't.
215
00:08:56,169 --> 00:08:59,366
That's quite a coincidence that your car
derails the train that Nesoff was on.
216
00:09:00,673 --> 00:09:02,232
All it is.
A coincidence.
217
00:09:02,342 --> 00:09:04,071
Oh, no, Lenny. It's
much more than that.
218
00:09:04,778 --> 00:09:06,303
It's called motive.
219
00:09:06,379 --> 00:09:09,212
M-O-T-I-V-E. Motive.
220
00:09:09,282 --> 00:09:11,546
I'm not worried about
the retrial
221
00:09:11,618 --> 00:09:13,313
if that's why
you think I did this.
222
00:09:13,953 --> 00:09:16,923
You tied that girl up in her own
apartment, you raped her at gunpoint.
223
00:09:17,023 --> 00:09:19,014
It was a game.
She asked me to.
224
00:09:19,559 --> 00:09:21,220
Is that how she wound up in the hospital?
Playing a game?
225
00:09:21,294 --> 00:09:25,288
They got you cold on rape,
sodomy, false imprisonment.
226
00:09:25,398 --> 00:09:27,366
I'll beat the next one same
as I beat the first trial.
227
00:09:28,034 --> 00:09:31,095
A mistrial? Hung jury? You
won't get that lucky again.
228
00:09:31,638 --> 00:09:33,037
Luck had nothing
to do with it.
229
00:09:33,106 --> 00:09:36,440
All I need is one girl on that
jury to make eye contact with.
230
00:09:39,946 --> 00:09:41,311
You're not that charming.
231
00:09:42,082 --> 00:09:44,176
I just convince her
I could never have done
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such a nasty thing
as they claim I did.
233
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She looks in my eyes
and she knows.
234
00:09:49,656 --> 00:09:51,181
I'm not that kind of guy.
235
00:09:59,299 --> 00:10:01,461
He's a cocky bastard.
236
00:10:01,534 --> 00:10:03,161
The guy's
a piece of work.
237
00:10:03,336 --> 00:10:04,531
So what do you think?
238
00:10:04,604 --> 00:10:05,833
Oh, I like him
a lot for it.
239
00:10:05,905 --> 00:10:10,069
I think he looks good. Means, motive,
opportunity, he's got no alibi to speak of.
240
00:10:10,143 --> 00:10:11,201
(KNOCKING AT DOOR)
241
00:10:12,178 --> 00:10:14,442
Sorry to disturb you, Loo.
Lab said it was urgent.
242
00:10:14,514 --> 00:10:15,948
Thanks.
243
00:10:16,015 --> 00:10:19,110
Well, they got two sets of
prints on the steering wheel,
244
00:10:19,185 --> 00:10:21,176
Thorne's and someone
who's not in the system.
245
00:10:21,254 --> 00:10:22,244
Doesn't mean
anything.
246
00:10:22,889 --> 00:10:26,154
He's right. He could have loaned his car
to a friend a week ago, or a month ago.
247
00:10:26,759 --> 00:10:28,420
Well, better to put it
to rest anyway.
248
00:10:28,495 --> 00:10:29,792
Go on over to Intel,
249
00:10:29,863 --> 00:10:31,888
see if they've finished checking
backgrounds on the passengers.
250
00:10:32,899 --> 00:10:35,766
What about Prince Charming here?
We were just getting started.
251
00:10:36,269 --> 00:10:37,668
I'll take care of him.
252
00:10:42,642 --> 00:10:45,839
Post 9111, we do more terrorism
than drug work, truthfully.
253
00:10:46,146 --> 00:10:51,243
We have agents from Customs,
Immigration, NYPD, DEA, IRS, FBI,
254
00:10:51,317 --> 00:10:52,614
and access
to all their systems.
255
00:10:53,052 --> 00:10:55,214
Do you think that
this was a terrorist attack?
256
00:10:55,522 --> 00:10:57,684
At first I thought,
"Okay, here we go."
257
00:10:57,924 --> 00:10:59,050
But it's been quiet,
258
00:10:59,425 --> 00:11:00,790
no chatter,
no other incidents.
259
00:11:00,860 --> 00:11:04,296
We're starting to be reasonably confident
this was an isolated criminal act only.
260
00:11:04,864 --> 00:11:06,161
We hear you have
a suspect in custody.
261
00:11:06,232 --> 00:11:07,495
Yeah,
it looks good for us.
262
00:11:07,867 --> 00:11:08,993
But there's a second
set of prints.
263
00:11:09,302 --> 00:11:11,737
We all know fingerprints
don't come with a time stamp.
264
00:11:11,871 --> 00:11:14,033
You complete the backgrounds
on all the Aideds yet?
265
00:11:14,140 --> 00:11:15,835
Yeah. Anybodyjump outatyou?
266
00:11:16,142 --> 00:11:17,337
Aside from
the faked injuries,
267
00:11:17,410 --> 00:11:20,471
in anticipation of a big insurance
settlement with the railroad?
268
00:11:20,713 --> 00:11:21,908
People are amazing.
269
00:11:21,981 --> 00:11:24,177
Hey, you have to answer
when opportunity knocks.
270
00:11:24,717 --> 00:11:27,482
Twelve men between
the ages of 16 and 75
271
00:11:27,554 --> 00:11:29,613
who had no ticket stub,
no monthly pass,
272
00:11:29,689 --> 00:11:31,316
couldn't remember where
they boarded the train,
273
00:11:31,391 --> 00:11:34,292
or had an inappropriate address
relative to their station stop.
274
00:11:34,360 --> 00:11:35,521
You run 'em?
275
00:11:35,628 --> 00:11:38,120
No criminal records, not on any watch list.
Four were vets,
276
00:11:38,198 --> 00:11:40,997
we had BCI do a comparison against
the second set of prints,
277
00:11:41,067 --> 00:11:42,535
eliminated them
right away.
278
00:11:43,570 --> 00:11:46,005
Here are the other eight,
for what it's worth.
279
00:11:47,106 --> 00:11:48,801
Thank you very much.
My pleasure.
280
00:11:50,977 --> 00:11:52,467
Well, two of them
live uptown,
281
00:11:52,545 --> 00:11:54,877
near where Thorne says
his SUV was stolen.
282
00:11:54,948 --> 00:11:57,747
This list assumes
these guys had real IDs.
283
00:11:58,351 --> 00:12:01,184
But let's say that the
driver is not a terrorist.
284
00:12:01,688 --> 00:12:03,383
He stays around too long,
he gets stuck there.
285
00:12:03,756 --> 00:12:04,882
Has to show
his real ID.
286
00:12:04,958 --> 00:12:06,187
What have we
got to lose?
287
00:12:07,193 --> 00:12:09,025
I was visiting
my girlfriend.
288
00:12:09,495 --> 00:12:12,123
You told the detective you
boarded the train at Purchase.
289
00:12:12,265 --> 00:12:14,393
I was confused, okay?
Freaked out.
290
00:12:14,467 --> 00:12:18,301
I hit my head in the crash, I was
groggy, okay? I kept saying Purchase,
291
00:12:18,371 --> 00:12:19,600
I meant White Plains.
292
00:12:19,672 --> 00:12:21,470
My girlfriend
goes to Purchase,
293
00:12:21,541 --> 00:12:23,441
her folks live
in White Plains, okay?
294
00:12:23,943 --> 00:12:25,775
Would you watch your tone
of voice with us, please?
295
00:12:27,313 --> 00:12:28,838
What are you,
my parents?
296
00:12:34,988 --> 00:12:38,014
If you don't stop acting
like a tough guy right now,
297
00:12:38,091 --> 00:12:41,721
I'm gonna take you over my
knee and I'm gonna spank you
298
00:12:41,794 --> 00:12:43,592
in front of
all of your friends.
299
00:12:44,664 --> 00:12:46,029
You get the message?
300
00:12:46,733 --> 00:12:47,757
Sorry.
301
00:12:52,705 --> 00:12:54,673
You showed the detective
a student ID?
302
00:12:55,041 --> 00:12:56,600
Yeah.
We need to see it.
303
00:12:56,709 --> 00:12:58,177
Uh, sure.
304
00:12:58,244 --> 00:13:01,214
I already told the cops I didn't
see anything before the crash.
305
00:13:01,281 --> 00:13:02,806
Police officers.
What?
306
00:13:02,882 --> 00:13:04,543
"Cops"
it's an offensive term.
307
00:13:04,617 --> 00:13:06,984
Oh. Okay.
I didn't know.
308
00:13:07,053 --> 00:13:08,179
Now you do.
309
00:13:10,089 --> 00:13:11,318
Okay, we're gonna
have to copy this
310
00:13:11,391 --> 00:13:13,723
see if it's authentic,
these are easy to fake.
311
00:13:13,793 --> 00:13:15,693
Oh, man I need it to get
into the Student Union.
312
00:13:15,762 --> 00:13:17,230
How am I gonna get dinner?
313
00:13:17,463 --> 00:13:19,955
You don't have anything else?
Passport? Driver's license?
314
00:13:20,867 --> 00:13:21,857
Neither one.
315
00:13:21,934 --> 00:13:23,629
FONTANA: How come you don't
have a driver's license?
316
00:13:23,836 --> 00:13:24,997
I don't drive.
317
00:13:25,071 --> 00:13:26,630
You don't know
how to drive a car?
318
00:13:27,140 --> 00:13:29,973
This is New York City,
never had to learn.
319
00:13:30,043 --> 00:13:32,774
I'm a third generation, no
driver's license New Yorker.
320
00:13:34,080 --> 00:13:35,605
No driver's license.
No passport.
321
00:13:35,682 --> 00:13:37,480
So if we said to you,
"Don't leave town."
322
00:13:37,583 --> 00:13:38,846
Wouldn't dream of it.
323
00:13:42,922 --> 00:13:45,482
"Dave Buckley, 35.
Construction worker,
324
00:13:45,558 --> 00:13:47,390
"cuts and bruises,
treated at the scene."
325
00:13:47,727 --> 00:13:49,661
Well, at least this guy
has a driver's license.
326
00:13:50,330 --> 00:13:51,661
I'd like to get done
with this thing,
327
00:13:51,731 --> 00:13:53,256
have another go
at Lenny Thorne.
328
00:13:53,533 --> 00:13:54,728
So would I.
329
00:13:56,369 --> 00:13:57,666
BUCKLEY: Who is it?
330
00:13:57,737 --> 00:14:00,104
New York City Police
Department, Mr. Buckley.
331
00:14:00,173 --> 00:14:01,470
Hang on a second.
332
00:14:03,509 --> 00:14:04,999
Hey, yeah, come on in.
333
00:14:07,780 --> 00:14:11,080
Sorry about the mess. I'm
not much of a housekeeper.
334
00:14:11,351 --> 00:14:12,785
Let me clear you
a spot here.
335
00:14:13,086 --> 00:14:14,884
That's okay,
we won't be here that long.
336
00:14:14,954 --> 00:14:17,548
We just wanted to ask you a few
more questions about the train.
337
00:14:18,291 --> 00:14:19,725
Looks like you've got
cut up a little bit.
338
00:14:19,792 --> 00:14:22,022
Uh, yeah, you know,
flying glass.
339
00:14:22,228 --> 00:14:23,218
You got kids?
340
00:14:23,629 --> 00:14:26,963
Yeah, that's my daughter.
She's six going on 16.
341
00:14:27,200 --> 00:14:30,864
I know what you mean. I got two, a
boy and a girl, three and six, also.
342
00:14:31,337 --> 00:14:34,898
Yeah, those little girls, they're the best,
though, huh? That father-daughter thing?
343
00:14:34,974 --> 00:14:35,964
Oh, it's great.
344
00:14:36,042 --> 00:14:38,602
Yeah I wish I could freeze her
just at that age, you know?
345
00:14:38,678 --> 00:14:39,736
You divorced?
346
00:14:39,812 --> 00:14:40,802
Separated.
347
00:14:42,081 --> 00:14:44,778
You know, just
a temporary thing.
348
00:14:45,151 --> 00:14:46,312
You know how it is.
349
00:14:47,420 --> 00:14:49,354
Up and downs,
we'll work it out.
350
00:14:50,089 --> 00:14:51,079
Your wrist.
351
00:14:51,557 --> 00:14:52,581
Huh?
352
00:14:52,658 --> 00:14:53,887
Your wrist is bleeding.
353
00:14:55,161 --> 00:14:57,027
Oh, yeah. I don't know why
that keeps doing that.
354
00:14:57,663 --> 00:14:58,653
Did that happen
at the wreck?
355
00:14:58,731 --> 00:15:00,199
Yeah, yeah.
356
00:15:00,500 --> 00:15:02,696
They should've taken you to
the hospital, had it sewn up.
357
00:15:02,769 --> 00:15:05,170
Yeah, they wanted to, but I...
358
00:15:05,872 --> 00:15:07,567
But what? You refused
medical aid?
359
00:15:08,975 --> 00:15:10,272
I don't have insurance.
360
00:15:10,610 --> 00:15:11,805
Uh-huh.
361
00:15:17,383 --> 00:15:18,373
That looks pretty fresh.
362
00:15:19,752 --> 00:15:20,878
Yeah, well,
I had it butterflied.
363
00:15:20,953 --> 00:15:22,682
Yeah, I guess
it probably busted loose.
364
00:15:23,222 --> 00:15:24,781
I want to take
a look at that.
365
00:15:37,770 --> 00:15:39,135
Oh, yeah.
366
00:15:41,474 --> 00:15:42,873
Yeah. It's gonna need
a fresh bandage.
367
00:15:43,476 --> 00:15:45,205
Yeah, there's some
gauze over there.
368
00:15:45,778 --> 00:15:47,109
Nick?
Yeah?
369
00:15:55,922 --> 00:15:58,948
This is not right.
This is not right at all.
370
00:16:00,593 --> 00:16:01,583
What do you mean?
371
00:16:02,395 --> 00:16:04,363
This wasn't caused
by flying glass.
372
00:16:05,498 --> 00:16:06,897
Yeah, it is. Sure it was.
373
00:16:07,767 --> 00:16:09,394
No, it's too clean.
374
00:16:10,903 --> 00:16:12,393
This was caused
by a blade.
375
00:16:12,472 --> 00:16:14,770
You cut yourself.
You slashed your wrist.
376
00:16:15,174 --> 00:16:16,437
L---
377
00:16:16,509 --> 00:16:17,499
Nick?
378
00:16:17,777 --> 00:16:19,336
That's a blade cut.
No question.
379
00:16:21,481 --> 00:16:22,573
Why would you do that?
380
00:16:22,648 --> 00:16:23,638
I don't know.
381
00:16:23,916 --> 00:16:25,247
Well, you're gonna
need a doctor.
382
00:16:26,285 --> 00:16:27,514
I don't know why...
383
00:16:29,589 --> 00:16:31,079
Why would you do
such a thing, David?
384
00:16:32,792 --> 00:16:33,953
David?
385
00:16:38,364 --> 00:16:39,832
I didn't mean
to hurt anybody.
386
00:16:43,669 --> 00:16:45,228
I didn't mean
to kill anybody.
387
00:16:46,639 --> 00:16:47,834
You killed 12 people.
388
00:16:49,642 --> 00:16:50,837
(CRYING)
389
00:16:57,683 --> 00:16:58,809
I'm sorry.
390
00:17:00,386 --> 00:17:01,649
(sums)
391
00:17:02,288 --> 00:17:04,188
I just meant to kill myself.
392
00:17:07,059 --> 00:17:08,754
You wanna give us
a statement now?
393
00:17:10,296 --> 00:17:11,923
Sure. Why not?
394
00:17:25,111 --> 00:17:26,545
You think
he's for real?
395
00:17:26,612 --> 00:17:29,081
Do I think he really meant
to commit suicide
396
00:17:29,148 --> 00:17:31,913
when he put that SUV
in front of the train?
397
00:17:31,984 --> 00:17:34,919
I don't know. What
difference does it make?
398
00:17:35,321 --> 00:17:37,119
It might influence
how he's charged.
399
00:17:37,189 --> 00:17:41,251
His DNA's in that vehicle, his
prints are on the steering wheel,
400
00:17:41,327 --> 00:17:42,556
his signature's
on the confession.
401
00:17:43,129 --> 00:17:44,153
Is it bullet proof?
402
00:17:44,230 --> 00:17:45,629
Witnessed, videotaped.
403
00:17:46,999 --> 00:17:48,057
Wish there'd been
a lawyer there.
404
00:17:48,467 --> 00:17:50,094
He didn't want one.
405
00:17:50,169 --> 00:17:53,298
Look,lhope you're charging him
with 12 counts of murder one,
406
00:17:53,372 --> 00:17:55,568
two hundred and fifty counts
of attempted murder,
407
00:17:55,641 --> 00:17:57,905
and whatever else
you can throw at him.
408
00:17:57,977 --> 00:17:59,877
I was at the scene,
Counselor.
409
00:18:00,680 --> 00:18:05,049
And if this case doesn't help bring back
the death penalty in New York State,
410
00:18:05,117 --> 00:18:07,017
I don't know what will.
411
00:18:08,521 --> 00:18:10,489
It's hard to know where to
begin with Mr. Buckley.
412
00:18:11,324 --> 00:18:13,793
I think we can hold the multitude
of lesser counts in reserve.
413
00:18:14,894 --> 00:18:17,386
So the question is,
which theory of murder two?
414
00:18:17,563 --> 00:18:19,622
Well, why wouldn't you hedge
your bets and charge both?
415
00:18:20,032 --> 00:18:22,330
Well, until recently,
that's exactly what we'd do.
416
00:18:22,401 --> 00:18:24,768
There was a red alert ruling
last year People v. Payne.
417
00:18:25,237 --> 00:18:26,534
I'm not familiar with it.
418
00:18:26,872 --> 00:18:29,705
The defendant shot the victim
in the stomach with a shotgun.
419
00:18:29,775 --> 00:18:31,368
There was some question
about why,
420
00:18:31,444 --> 00:18:34,004
so we charged him with
both theories of murder two.
421
00:18:34,647 --> 00:18:38,015
Thejury acquitted on intentional,
convicted on depraved indifference.
422
00:18:38,384 --> 00:18:40,751
So the strategy worked, you
got your fallback position.
423
00:18:40,886 --> 00:18:44,220
The Court of Appeals overturned the
depraved indifference conviction.
424
00:18:44,290 --> 00:18:45,348
Insufficient evidence.
425
00:18:46,592 --> 00:18:48,560
And since he'd already been
acquitted of intentional...
426
00:18:48,628 --> 00:18:49,754
JACK: He walked.
427
00:18:49,829 --> 00:18:51,695
I think we go with depraved.
428
00:18:51,998 --> 00:18:53,591
Take the classic
law school example,
429
00:18:53,666 --> 00:18:56,067
throwing open the lion's cage
in a crowded zoo,
430
00:18:56,135 --> 00:18:57,466
without regard
for the consequences.
431
00:18:57,837 --> 00:18:59,703
That's exactly
what he did, isn't it?
432
00:19:00,539 --> 00:19:01,734
I'll draw up the indictment.
433
00:19:01,974 --> 00:19:03,840
JACK: Who's his lawyer?
Legal aid?
434
00:19:03,909 --> 00:19:07,402
Someone just agreed to represent
him, pro bono, a Rodney Fallon.
435
00:19:08,147 --> 00:19:09,239
You know him?
436
00:19:10,883 --> 00:19:12,282
Let's arrange a meeting.
437
00:19:13,986 --> 00:19:17,354
My intent to file
an affirmative defense.
438
00:19:21,927 --> 00:19:24,055
Not guilty by reason
of insanity.
439
00:19:24,330 --> 00:19:27,493
This is a textbook example
of depraved indifference.
440
00:19:28,134 --> 00:19:31,160
And given that less than one percent
of insanity defenses succeed...
441
00:19:31,404 --> 00:19:33,498
It's still on the books, it
ought to have some validity.
442
00:19:33,572 --> 00:19:36,906
The public doesn't believe in insanity
defenses anymore. Look at Andrea Yates.
443
00:19:37,143 --> 00:19:39,475
If a woman who drowns her four
children isn't crazy, who is?
444
00:19:39,745 --> 00:19:41,679
That's Texas,
this is New York City.
445
00:19:41,747 --> 00:19:44,409
I don't think there's a red statefblue
state schism on this issue.
446
00:19:44,483 --> 00:19:46,884
We have every confidence of
prevailing in front of ajury.
447
00:19:46,952 --> 00:19:49,819
The jury is gonna see a very sympathetic
man, Miss Borgia, not a monster.
448
00:19:50,656 --> 00:19:52,852
Someone who deserves
treatment, not punishment.
449
00:19:53,225 --> 00:19:54,283
What are you
looking for?
450
00:19:54,360 --> 00:19:55,350
Man two.
451
00:19:56,162 --> 00:19:57,152
Are you joking?
452
00:19:57,663 --> 00:19:59,688
Fifteen years, each count.
To be served concurrently.
453
00:19:59,799 --> 00:20:02,131
As if he'd killed
one person and not 12?
454
00:20:02,201 --> 00:20:04,226
That was his intent.
One person: himself.
455
00:20:04,303 --> 00:20:07,500
I share my colleague's
distaste for your proposal.
456
00:20:08,340 --> 00:20:09,603
Well, make me a counter.
457
00:20:10,476 --> 00:20:12,274
You shouldn't mislead
your client, Mr. Fallon.
458
00:20:12,344 --> 00:20:14,574
He's going to prison
for the rest of his life.
459
00:20:14,880 --> 00:20:16,211
That's no incentive.
460
00:20:17,516 --> 00:20:20,315
We understand he has
a large extended family.
461
00:20:20,519 --> 00:20:22,817
We'll recommend that he serve his
sentence in a downstate penitentiary.
462
00:20:24,156 --> 00:20:25,146
No sale.
463
00:20:27,560 --> 00:20:29,028
We'll schedule
a 730 exam.
464
00:20:29,895 --> 00:20:33,126
I have no doubt heWlbejudged
competent to stand trial.
465
00:20:33,499 --> 00:20:34,523
No doubt.
466
00:20:35,468 --> 00:20:37,334
As you say, Miss Borgia,
467
00:20:37,803 --> 00:20:41,239
these days everyone's
competent to stand trial,
468
00:20:41,307 --> 00:20:42,536
no matter
how crazy they are.
469
00:20:48,380 --> 00:20:51,247
JACK: The defendant
stole an SUV,
470
00:20:52,051 --> 00:20:54,019
crashed it through
a security gate,
471
00:20:54,620 --> 00:20:58,181
and left it directly in the path
of a high-speed commuter train
472
00:20:58,257 --> 00:20:59,918
full of people
on their way to work.
473
00:21:00,993 --> 00:21:02,483
He killed 12,
474
00:21:03,062 --> 00:21:05,588
injured more than
a hundred and fifty others.
475
00:21:06,098 --> 00:21:07,725
Some of them
sustained injuries
476
00:21:07,800 --> 00:21:09,859
that will cripple them
for the rest of their lives.
477
00:21:10,269 --> 00:21:12,966
He put every single person
on that train at risk.
478
00:21:14,140 --> 00:21:15,767
Why he did it
479
00:21:15,841 --> 00:21:17,331
is irrelevant.
480
00:21:18,177 --> 00:21:19,645
That he did it
481
00:21:19,712 --> 00:21:21,111
is incontrovertible.
482
00:21:21,781 --> 00:21:23,681
And ultimately,
the only thing that matters.
483
00:21:37,263 --> 00:21:39,357
The deed speaks
for itself.
484
00:21:39,698 --> 00:21:41,496
Davey Buckley
was out of his mind.
485
00:21:42,268 --> 00:21:44,498
He wasn't thinking about the
consequences of his actions.
486
00:21:44,570 --> 00:21:45,560
He couldn't.
487
00:21:45,971 --> 00:21:48,201
He was focused solely
488
00:21:48,274 --> 00:21:50,709
on the insane act
of taking his own life.
489
00:21:53,345 --> 00:21:56,212
Davey Buckley has
atroubled history
490
00:21:56,282 --> 00:21:59,183
of behaviors that point to an
undiagnosed mental illness.
491
00:22:00,486 --> 00:22:01,476
Depression.
492
00:22:02,488 --> 00:22:03,785
Bipolar disorder.
493
00:22:04,824 --> 00:22:06,292
He never had
the resources
494
00:22:06,358 --> 00:22:07,348
to get the help
he needed.
495
00:22:07,827 --> 00:22:09,226
He fell through
the cracks.
496
00:22:09,295 --> 00:22:11,627
Davey Buckley was an
accident waiting to happen.
497
00:22:12,932 --> 00:22:15,799
Now, you and I know that there is
no safety net for the working poor.
498
00:22:16,435 --> 00:22:19,700
If he was rich,
or even middle class,
499
00:22:19,772 --> 00:22:21,467
this never
would have occurred.
500
00:22:23,309 --> 00:22:27,337
Davey Buckley is not criminally
responsible for that tragic accident.
501
00:22:32,918 --> 00:22:36,013
He timed his arrival at the
security gate with the shift change
502
00:22:36,088 --> 00:22:37,715
at the monitoring station,
503
00:22:37,790 --> 00:22:39,315
so there was
minimal opportunity
504
00:22:39,391 --> 00:22:41,587
to alert the crew
and avert the collision.
505
00:22:42,595 --> 00:22:44,461
How would you
characterize his actions?
506
00:22:44,663 --> 00:22:45,721
Objection.
507
00:22:45,898 --> 00:22:48,924
The witness has no insight as to Mr.
Buckley's state of mind.
508
00:22:49,802 --> 00:22:50,792
Mr. McCoy?
509
00:22:52,438 --> 00:22:54,270
Detective,
510
00:22:54,340 --> 00:22:56,001
did you form an opinion
511
00:22:56,075 --> 00:22:58,874
about the expertise
and efficacy
512
00:22:58,944 --> 00:23:02,380
of the defendant's criminal activities
in relation to this incident?
513
00:23:03,415 --> 00:23:06,441
Highly organized, well
planned, well executed.
514
00:23:07,052 --> 00:23:09,919
What about the defendant's
actions after the crash?
515
00:23:10,456 --> 00:23:11,981
He remained
at the scene,
516
00:23:12,057 --> 00:23:14,185
mingled in with
the real passengers,
517
00:23:14,260 --> 00:23:18,629
he used a pocket knife to inflict some
superficial wounds to his hands and arms,
518
00:23:18,697 --> 00:23:20,426
he was treated
by medical personnel,
519
00:23:20,499 --> 00:23:21,489
and released.
520
00:23:21,634 --> 00:23:23,159
JACK: How do you interpret
those actions?
521
00:23:23,769 --> 00:23:26,329
He was trying to blend in, get away
like any other hit and runner.
522
00:23:26,538 --> 00:23:27,528
Objection!
523
00:23:27,840 --> 00:23:28,830
Sustained.
524
00:23:35,948 --> 00:23:37,541
You arrested
Mr. Buckley?
525
00:23:37,750 --> 00:23:38,842
Yes.
526
00:23:39,952 --> 00:23:40,942
Interrogated him?
527
00:23:41,220 --> 00:23:43,382
I interviewed him, yes.
Me and my partner.
528
00:23:43,822 --> 00:23:44,948
He confessed?
529
00:23:45,357 --> 00:23:47,519
He voluntarily gave us
a statement, yes.
530
00:23:48,394 --> 00:23:49,589
And after he confessed?
531
00:23:50,195 --> 00:23:51,788
We processed him
through the system.
532
00:23:52,298 --> 00:23:54,164
Did you make any special
arrangements for Mr. Buckley?
533
00:23:56,101 --> 00:23:57,262
Special arrangements?
534
00:23:57,603 --> 00:23:59,799
Given the circumstances
surrounding this incident.
535
00:24:01,206 --> 00:24:04,198
Were any special precautions taken
regarding his incarceration?
536
00:24:08,047 --> 00:24:11,017
He was placed on 24
hour suicide watch.
537
00:24:17,756 --> 00:24:19,155
How do you think
it's going?
538
00:24:19,458 --> 00:24:21,119
I think we put on
a strong case.
539
00:24:23,362 --> 00:24:24,989
You think Fallon
scored any points?
540
00:24:25,230 --> 00:24:28,530
The fact that the police put Davey
Buckley on a suicide watch?
541
00:24:28,600 --> 00:24:29,726
A reasonable precaution.
542
00:24:30,836 --> 00:24:33,203
I was going over their
witness list for tomorrow.
543
00:24:33,839 --> 00:24:36,934
There's a neighborhood storefront
clinic doctor, and an expert for hire.
544
00:24:37,609 --> 00:24:40,544
Who probably spent all of
an hour with Davey Buckley,
545
00:24:41,313 --> 00:24:45,375
but will tell us that he had a troubled
childhood and he's clinically insane.
546
00:24:46,385 --> 00:24:48,479
And what about this neighborhood doctor?
What is that about?
547
00:24:48,654 --> 00:24:52,113
Fallon's not interested in
rehabilitating the insanity defense.
548
00:24:52,858 --> 00:24:54,792
He's using this
as a soapbox.
549
00:24:55,027 --> 00:24:57,155
Mental health benefits
for the working poor.
550
00:24:58,097 --> 00:24:59,656
That could resonate
with the jury.
551
00:24:59,898 --> 00:25:02,367
Middle class people are worried about
losing their health insurance.
552
00:25:02,601 --> 00:25:04,091
This isn't about that.
553
00:25:04,436 --> 00:25:06,598
I'm not going to let
Fallon distract them.
554
00:25:11,410 --> 00:25:12,707
FALLON: Well, according
to these records,
555
00:25:12,778 --> 00:25:14,405
Davey Buckley came
to your clinic three times.
556
00:25:15,180 --> 00:25:16,204
If that's what it says.
557
00:25:16,548 --> 00:25:19,279
In fact, he saw
a different doctor each time.
558
00:25:19,785 --> 00:25:21,150
Do you remember what
his symptoms were?
559
00:25:21,754 --> 00:25:22,880
I'd have to look
at the file.
560
00:25:23,122 --> 00:25:24,453
Depression.
561
00:25:24,723 --> 00:25:26,452
Do you remember what
you prescribed for him?
562
00:25:26,592 --> 00:25:28,390
Again, without
refreshing my memory...
563
00:25:28,460 --> 00:25:29,450
Haldol.
564
00:25:30,095 --> 00:25:31,290
If that's what it says.
565
00:25:31,363 --> 00:25:32,353
That's exactly what it says.
566
00:25:33,232 --> 00:25:35,530
How much Haldol did you
prescribe for Mr. Buckley?
567
00:25:36,135 --> 00:25:37,364
Do you remember?
568
00:25:37,436 --> 00:25:39,063
A year's worth?
A month's worth?
569
00:25:39,805 --> 00:25:41,398
It would have been
less than that.
570
00:25:41,807 --> 00:25:43,969
Four or five day's worth,
at the most.
571
00:25:45,411 --> 00:25:48,142
Did you ever do any follow up with Mr.
Buckley, to see how he was doing?
572
00:25:48,380 --> 00:25:51,372
We don't do follow up.
We don't have the resources.
573
00:25:53,118 --> 00:25:54,415
Are you a psychiatrist?
574
00:25:55,287 --> 00:25:56,277
No.
575
00:25:56,755 --> 00:26:00,385
Have you ever had any training
in psychiatry or psychology?
576
00:26:00,759 --> 00:26:02,955
Just the standard
six-week rotation.
577
00:26:03,162 --> 00:26:07,121
Yet, you felt competent in diagnosing Mr.
Buckley as depressed?
578
00:26:08,067 --> 00:26:09,728
He diagnosed himself.
579
00:26:10,002 --> 00:26:12,300
If a patient tells me
he's depressed...
580
00:26:12,371 --> 00:26:13,463
You give him Haldol.
581
00:26:13,539 --> 00:26:15,735
Three or four
day's worth.
582
00:26:18,177 --> 00:26:19,508
Why do people
come to your clinic?
583
00:26:20,279 --> 00:26:21,542
It's in the neighborhood.
584
00:26:21,814 --> 00:26:22,804
Inexpensive.
585
00:26:23,515 --> 00:26:24,812
If people don't have
insurance...
586
00:26:24,883 --> 00:26:27,409
In other words, they come because
they have no other choice.
587
00:26:27,953 --> 00:26:31,014
We do the best we can,
under the circumstances.
588
00:26:31,356 --> 00:26:33,324
Did Davey Buckley
have insurance?
589
00:26:34,693 --> 00:26:37,219
No... He didn't.
590
00:26:37,896 --> 00:26:39,830
Do you think he would have
come to your clinic if he had?
591
00:26:41,100 --> 00:26:42,158
Probably not.
592
00:26:48,674 --> 00:26:51,974
Are there circumstances under which
you would have sent Mr. Buckley
593
00:26:52,044 --> 00:26:54,138
to another facility
for further care?
594
00:26:54,613 --> 00:26:58,550
Sure. If he exhibited severe
symptoms, of course we would have.
595
00:26:59,017 --> 00:27:00,007
Thank you.
596
00:27:00,752 --> 00:27:01,742
Redirect,
Your Honor?
597
00:27:01,987 --> 00:27:02,977
Go ahead.
598
00:27:05,724 --> 00:27:08,557
Isn't it true, Doctor, that there is
an unspoken policy at your clinic?
599
00:27:08,627 --> 00:27:09,617
Objection!
600
00:27:09,828 --> 00:27:11,489
Well, if there was
an understanding,
601
00:27:11,563 --> 00:27:13,122
certainly the witness
can speak to it.
602
00:27:13,565 --> 00:27:14,555
Overruled.
603
00:27:15,334 --> 00:27:17,132
Isn't it your
understanding, Doctor,
604
00:27:17,302 --> 00:27:20,533
that whenever possible you're to
throw cheap drugs at a patient
605
00:27:20,606 --> 00:27:22,904
and not send them to the
hospital for further treatment?
606
00:27:23,142 --> 00:27:25,736
That is a gross
overstatement.
607
00:27:26,478 --> 00:27:27,468
Really?
608
00:27:28,347 --> 00:27:30,441
Well, if you say so.
609
00:27:35,287 --> 00:27:36,277
JUDGE: Mr. Fallon?
610
00:27:36,922 --> 00:27:37,912
(INDISTINCT CHATTERING)
611
00:27:39,424 --> 00:27:41,017
Mr. Fallon, please call
your next witness.
612
00:27:42,427 --> 00:27:45,761
Yes, I'd like to call expert witness, Dr.
Sheldon Farnes.
613
00:27:45,864 --> 00:27:48,629
That's not. No. I don't agree
with that, I don't want you to.
614
00:27:48,734 --> 00:27:50,566
JUDGE: Mr. Buckley
that is not appropriate.
615
00:27:50,802 --> 00:27:51,894
I'm sorry, Your Honor.
616
00:27:51,970 --> 00:27:54,098
Davey, please. I don't agree to this.
Not at all.
617
00:27:54,173 --> 00:27:56,471
Mr. Fallon, please remind your
client this is a court of law...
618
00:27:56,542 --> 00:27:58,510
He's not my lawyer anymore.
Davey.
619
00:27:58,577 --> 00:28:00,170
No, I'm firing him,
YourHonoL Davey, please.
620
00:28:00,712 --> 00:28:02,578
FALLON: Your Honor, can we recess
for a few minutes, please?
621
00:28:02,648 --> 00:28:04,173
I want to represent
myself, Your Honor.
622
00:28:05,050 --> 00:28:07,178
That is not wise,
Mr. Buckley.
623
00:28:07,419 --> 00:28:08,853
I want to change
my plea, too.
624
00:28:10,055 --> 00:28:11,352
You wish to plead guilty?
625
00:28:12,057 --> 00:28:13,047
Not guilty.
626
00:28:13,192 --> 00:28:14,921
I wish to plead
not guilty.
627
00:28:15,694 --> 00:28:16,889
I don't understand, what...
628
00:28:16,962 --> 00:28:18,828
No insanity, uh...
629
00:28:19,865 --> 00:28:21,663
You know,
just not guilty.
630
00:28:29,575 --> 00:28:32,601
What the hell happened between close
of court yesterday and this morning?
631
00:28:32,678 --> 00:28:34,976
Why Davey Buckley's
sudden change of heart?
632
00:28:35,280 --> 00:28:36,839
Ichecked the visitor's
log at Rikers.
633
00:28:36,915 --> 00:28:38,815
His brother Thomas paid
him a visit last night.
634
00:28:38,884 --> 00:28:40,978
So I called Thomas, I asked
him what they talked about.
635
00:28:41,186 --> 00:28:42,847
He said he just tried
to cheer Davey up.
636
00:28:43,021 --> 00:28:44,580
Told him how well
things were going,
637
00:28:45,524 --> 00:28:47,618
what a great job
Fallon was doing,
638
00:28:47,726 --> 00:28:49,990
how persuasive their
expert witness would be.
639
00:28:50,162 --> 00:28:51,152
More or less.
640
00:28:51,230 --> 00:28:53,289
Maybe brother Thomas
was too convincing.
641
00:28:53,966 --> 00:28:57,266
Buckley's starting to believe that
Fallon's strategy might actually work.
642
00:28:57,869 --> 00:28:58,859
I don't follow you.
643
00:28:59,404 --> 00:29:02,101
If Davey Buckley is acquitted
by reason of insanity,
644
00:29:02,174 --> 00:29:03,835
he goes to
a mental institution.
645
00:29:04,309 --> 00:29:06,277
For an indeterminate
amount of time.
646
00:29:07,446 --> 00:29:08,743
He'd rather go to prison?
647
00:29:09,681 --> 00:29:10,739
I don't know.
648
00:29:11,316 --> 00:29:13,910
Doesn't it work to our advantage
if he represents himself?
649
00:29:14,152 --> 00:29:15,210
It's a wild card.
650
00:29:15,621 --> 00:29:17,214
I hate to give
an appellate court
651
00:29:17,289 --> 00:29:18,916
anything to hang
a reversal on.
652
00:29:19,591 --> 00:29:21,821
Hopefully Judge Bradley
won't let it get that far.
653
00:29:27,566 --> 00:29:30,763
Mr. Buckley, do you understand the
pitfalls of representing yourself?
654
00:29:31,870 --> 00:29:34,965
The need for adequate legal counsel
in our adversarial system?
655
00:29:35,440 --> 00:29:36,430
Yes, Your Honor.
656
00:29:37,909 --> 00:29:40,173
I have to warn you,
Mr. Buckley,
657
00:29:40,245 --> 00:29:43,340
you will forfeit your right
to self representation
658
00:29:43,415 --> 00:29:46,510
if you engage in disruptive
or obstreperous conduct,
659
00:29:46,585 --> 00:29:48,110
calculated to undermine,
660
00:29:48,186 --> 00:29:50,655
or delay the progress
of this trial.
661
00:29:50,989 --> 00:29:52,286
I understand,
Your Honor.
662
00:29:54,960 --> 00:29:56,428
All right, Mr. Buckley.
663
00:29:56,695 --> 00:29:57,890
You may proceed.
664
00:29:58,163 --> 00:29:59,722
Your Honor,
with all due respect.
665
00:30:00,399 --> 00:30:02,128
I know the People's
position, Mr. McCoy.
666
00:30:02,434 --> 00:30:03,492
Your Honor,
667
00:30:03,568 --> 00:30:06,401
in light of this decision, I would
like to be relieved of my duties.
668
00:30:06,872 --> 00:30:08,636
Your application is denied.
669
00:30:08,707 --> 00:30:10,801
I need you to be standby
counsel for Mr. Buckley.
670
00:30:10,909 --> 00:30:12,070
Your Honor...
671
00:30:12,144 --> 00:30:13,942
I'll not take no
for an answer, Mr. Fallon.
672
00:30:14,012 --> 00:30:17,277
Mr. Buckley, when will you be
ready to call your first witness?
673
00:30:18,083 --> 00:30:20,381
I only have one witness,
Your Honor. Myself.
674
00:30:21,953 --> 00:30:25,253
How do you propose to testify
and do direct examination?
675
00:30:27,225 --> 00:30:29,956
I thought I could write out
the questions, and, uh...
676
00:30:30,028 --> 00:30:32,190
Mr. Fallon could ask them,
so I could answer.
677
00:30:32,464 --> 00:30:33,454
Your Honor...
678
00:30:33,832 --> 00:30:35,800
This idea is just
further evidence that
679
00:30:35,867 --> 00:30:38,768
Mr. Buckley shouldn't
represent himself.
680
00:30:38,970 --> 00:30:41,462
I think it's a very
practical idea, Mr. Fallon.
681
00:30:42,040 --> 00:30:43,804
Court will
reconvene tomorrow.
682
00:30:43,875 --> 00:30:45,001
(BANGS GAVEL)
683
00:30:49,548 --> 00:30:51,846
"Did you really intend
to kill yourself?"
684
00:30:52,017 --> 00:30:53,075
BUCKLEY: Yes.
685
00:30:56,688 --> 00:30:58,679
"Didn't you think
other people would be hurt?"
686
00:31:00,492 --> 00:31:01,926
I feel terrible
about that.
687
00:31:05,530 --> 00:31:09,660
I honestly thought that the
train would demolish the SUV,
688
00:31:09,735 --> 00:31:11,032
and just keep going.
689
00:31:11,803 --> 00:31:14,636
The train was so much bigger,
it was so much heavier.
690
00:31:14,840 --> 00:31:15,830
And, uh...
691
00:31:17,309 --> 00:31:19,641
And I thought it would
just smash the car,
692
00:31:19,711 --> 00:31:21,907
or it would push it
aside, like a bulldozer.
693
00:31:25,650 --> 00:31:27,550
"What was your state of mind
that morning?"
694
00:31:29,054 --> 00:31:31,580
I just wanted to put
myself out of my misery.
695
00:31:31,656 --> 00:31:33,283
That's all I was
thinking about.
696
00:31:42,167 --> 00:31:43,657
"Then why didn't you?"
697
00:31:47,372 --> 00:31:49,602
I saw the train coming.
And, uh...
698
00:31:51,777 --> 00:31:53,506
I saw my little girl's face.
699
00:31:54,546 --> 00:31:57,038
And I just...
I couldn't do it.
700
00:31:59,017 --> 00:32:01,008
I tried to drive the car
off the tracks.
701
00:32:01,319 --> 00:32:03,879
I swear to God.
And it, it was stuck.
702
00:32:07,225 --> 00:32:08,818
I didn't mean
to hurt anyone
703
00:32:10,495 --> 00:32:12,327
I didn't mean
for anyone to get hurt.
704
00:32:21,807 --> 00:32:23,172
I'm concerned that
he's coming across
705
00:32:23,241 --> 00:32:25,369
as an effective,
sympathetic defendant.
706
00:32:25,477 --> 00:32:27,411
I was going over
Fallon's witness list,
707
00:32:27,479 --> 00:32:29,607
the ones he would've called
if Buckley hadn't fired him?
708
00:32:29,781 --> 00:32:31,442
His brothers and sisters
are on the list.
709
00:32:31,516 --> 00:32:32,745
More sibling testimony
710
00:32:32,818 --> 00:32:35,014
about the trials and
tribulations of Davey Buckley.
711
00:32:35,187 --> 00:32:37,986
That's the thing. There's
another brother, Jimmy.
712
00:32:38,056 --> 00:32:40,388
He's the oldest, owns a
construction company.
713
00:32:40,492 --> 00:32:41,891
Davey used to work
for him.
714
00:32:42,060 --> 00:32:44,529
Jimmy Buckley wasn't
on Fallon's witness list.
715
00:32:44,596 --> 00:32:46,064
All the others were,
but not him.
716
00:32:46,131 --> 00:32:48,793
I'm due back for cross.
See what he has to say
717
00:32:51,203 --> 00:32:53,729
JACK: You didn't think
anyone else would get hurt?
718
00:32:54,139 --> 00:32:55,538
No.
719
00:32:56,441 --> 00:32:59,775
And you didn't want to leave
your daughter fatherless?
720
00:33:01,880 --> 00:33:03,109
I couldn't.
721
00:33:03,415 --> 00:33:04,610
Commendable.
722
00:33:06,485 --> 00:33:09,716
What about all the other fatherless
daughters and sons you created
723
00:33:09,788 --> 00:33:12,052
through your reckless disregard
for other people's lives?
724
00:33:12,324 --> 00:33:15,726
Objection.
If I'm allowed to object.
725
00:33:15,794 --> 00:33:17,592
You are. Sustained.
726
00:33:18,864 --> 00:33:20,127
If you really wanted
to kill yourself,
727
00:33:20,198 --> 00:33:22,724
why didn't you use a gun,
Mr. Buckley? Or a knife?
728
00:33:23,335 --> 00:33:25,861
Take sleeping pills, throw
yourself out of the window?
729
00:33:26,505 --> 00:33:27,973
I wanted to be sure.
730
00:33:29,441 --> 00:33:33,105
I didn't want to survive, and
become a burden on my family.
731
00:33:34,880 --> 00:33:37,679
Then why didn't you
just walk onto the tracks,
732
00:33:38,250 --> 00:33:40,480
throw yourself
in front of the train?
733
00:33:42,621 --> 00:33:43,986
I don't know.
734
00:33:45,090 --> 00:33:48,390
What was the real reason you
decided to derail that train?
735
00:33:48,493 --> 00:33:51,758
I didn't want to derail the
train, I wanted to kill myself.
736
00:33:51,997 --> 00:33:54,557
Wasn't it to get your
estranged wife's attention?
737
00:33:54,633 --> 00:33:56,431
No, that wasn't the reason.
738
00:33:58,169 --> 00:34:00,900
She's been here for you
every day, hasn't she?
739
00:34:02,974 --> 00:34:04,169
Yes, she has.
740
00:34:04,976 --> 00:34:07,468
You succeeded
in getting her attention...
741
00:34:07,546 --> 00:34:10,607
And all that cost was 12 lives
and hundreds of injuries.
742
00:34:10,682 --> 00:34:11,672
Objection!
743
00:34:11,783 --> 00:34:12,773
JUDGE: Sustained.
744
00:34:13,685 --> 00:34:15,676
Do you think you're
the victim here, Mr. Buckley?
745
00:34:16,888 --> 00:34:18,014
No.
746
00:34:19,157 --> 00:34:21,956
Were you hoping
to gain her sympathy?
747
00:34:23,328 --> 00:34:24,420
No.
748
00:34:24,796 --> 00:34:27,493
Are you hoping that she'll take
you back, even if you're in jail?
749
00:34:27,566 --> 00:34:31,230
Your Honor, Mr. McCoy is busily painting
a picture that is entirely speculative.
750
00:34:31,937 --> 00:34:33,166
Sustained.
751
00:34:33,905 --> 00:34:35,066
JACK: Nothing further,
Your Honor.
752
00:34:36,441 --> 00:34:39,069
JUDGE: Mr. Buckley,
you may step down.
753
00:34:41,580 --> 00:34:45,016
Does the Defense wish to call any
other witnesses, Mr. Fallon?
754
00:34:47,052 --> 00:34:49,282
Your Honor,
the Defense rests.
755
00:34:49,421 --> 00:34:50,616
Mr. McCoy?
756
00:34:51,056 --> 00:34:53,718
The People have a witness to call on
rebuttal, Your Honor. James Buckley.
757
00:34:54,593 --> 00:34:57,494
JUDGE: All right, we will
recess until tomorrow morning.
758
00:34:57,796 --> 00:34:58,922
(BANGS GAVEL)
759
00:35:00,999 --> 00:35:02,967
Davey's prone
to melancholy.
760
00:35:03,034 --> 00:35:04,365
Always has been.
761
00:35:04,869 --> 00:35:06,268
I mean, he's sweet.
762
00:35:06,838 --> 00:35:08,636
Funny. People like him.
When's he up.
763
00:35:08,740 --> 00:35:10,333
When he's down,
when he's drinking...
764
00:35:12,243 --> 00:35:14,211
He's dark as
dark could be.
765
00:35:15,180 --> 00:35:16,614
He has a drinking problem?
766
00:35:16,748 --> 00:35:18,238
Since he was
a kid, yeah.
767
00:35:19,150 --> 00:35:20,845
JACK: He was sober at the
time of the train wreck.
768
00:35:21,086 --> 00:35:23,145
JAMES: On and off the wagon,
his whole life.
769
00:35:23,788 --> 00:35:25,916
Growing up,
770
00:35:25,991 --> 00:35:29,791
did you and your family think of your
brother as being mentally unstable?
771
00:35:31,029 --> 00:35:32,190
More like hard luck.
772
00:35:32,764 --> 00:35:35,631
Davey's in trouble again. Davey's
got himself in another scrape.
773
00:35:35,700 --> 00:35:37,998
Davey can't catch
a break, poor kid.
774
00:35:38,069 --> 00:35:39,161
JACK: What kind of trouble?
775
00:35:39,437 --> 00:35:41,531
Trouble in school,
trouble at work.
776
00:35:41,640 --> 00:35:43,438
Couldn't pay attention,
couldn't hold a job.
777
00:35:44,042 --> 00:35:46,101
You say he couldn't hold a job?
But he worked for you.
778
00:35:47,078 --> 00:35:49,103
He had a wife,
a new baby.
779
00:35:50,281 --> 00:35:53,216
I told him, "This is your last chance.
You have to promise me."
780
00:35:54,319 --> 00:35:55,411
And he did.
781
00:35:56,421 --> 00:35:58,014
How long
did he work for you?
782
00:35:58,223 --> 00:36:00,021
Nine months, maybe.
783
00:36:00,358 --> 00:36:02,156
He started drinking again.
On the job.
784
00:36:02,527 --> 00:36:03,790
He was a hazard,
785
00:36:03,862 --> 00:36:05,261
to himself and others.
786
00:36:05,930 --> 00:36:06,954
So you fired him.
787
00:36:07,032 --> 00:36:08,022
Had to.
788
00:36:08,099 --> 00:36:10,090
He made me a promise,
789
00:36:10,168 --> 00:36:11,966
I had to let him know
I was serious this time.
790
00:36:13,938 --> 00:36:16,407
Did you give him
any further assistance?
791
00:36:16,941 --> 00:36:19,603
I paid for rehab. Again.
30,000 a pop.
792
00:36:21,346 --> 00:36:25,408
Did you ever encourage him to get any
other kind of counseling, beyond rehab?
793
00:36:25,617 --> 00:36:27,210
Many times
over the years.
794
00:36:27,552 --> 00:36:29,987
Told him I'd foot the bill
for that too, no matter what.
795
00:36:30,055 --> 00:36:32,353
He always waved me off,
said he didn't need it.
796
00:36:33,358 --> 00:36:36,988
Did you know that he'd gone to a
clinic, seeking help for depression?
797
00:36:37,829 --> 00:36:39,024
No, I didn't know.
798
00:36:39,564 --> 00:36:40,656
Why not?
799
00:36:40,732 --> 00:36:42,928
Why wouldn't he want you
to know about that?
800
00:36:44,002 --> 00:36:45,766
Ashamed, maybe.
801
00:36:46,204 --> 00:36:47,569
That's how it is where
we come from, you know.
802
00:36:47,639 --> 00:36:49,767
It's a shameful thing
to need help with...
803
00:36:50,909 --> 00:36:53,310
You know, your emotions.
804
00:36:56,081 --> 00:37:00,450
Your other brothers and sisters were
scheduled to testify for the Defense.
805
00:37:01,086 --> 00:37:03,316
Yeah, well, they still
got a soft spot for him.
806
00:37:05,090 --> 00:37:06,251
But not you.
807
00:37:07,092 --> 00:37:09,925
I told Mr. Fallon
I couldn't...
808
00:37:10,729 --> 00:37:12,663
I couldn't
stand up and swear.
809
00:37:13,465 --> 00:37:14,728
Not in good conscience.
810
00:37:35,186 --> 00:37:36,950
Did you think
I was crazy, Jimmy?
811
00:37:37,455 --> 00:37:38,923
You heard me.
I thought you had troubles.
812
00:37:38,990 --> 00:37:40,082
We all did.
813
00:37:41,025 --> 00:37:42,493
Did I ever, uh...
814
00:37:42,761 --> 00:37:44,024
Hear voices?
815
00:37:44,629 --> 00:37:45,926
Hallucinate?
816
00:37:46,598 --> 00:37:47,793
Not that I know, no.
817
00:37:48,733 --> 00:37:50,497
Did I ever try
to commit suicide?
818
00:37:50,769 --> 00:37:53,033
Again, not that I know.
819
00:37:53,404 --> 00:37:55,463
Did I ever threaten
to kill myself?
820
00:37:55,940 --> 00:37:57,635
Not until your marriage
went sour.
821
00:37:58,309 --> 00:37:59,299
Exactly.
822
00:38:00,078 --> 00:38:01,068
So,
823
00:38:02,147 --> 00:38:03,615
when I made those threats,
824
00:38:04,149 --> 00:38:06,880
I mean, didn't you think that was
a sign that something was wrong?
825
00:38:07,385 --> 00:38:08,910
I didn't
take them seriously.
826
00:38:10,288 --> 00:38:11,881
You didn't? Why not?
827
00:38:12,891 --> 00:38:14,916
You're all talk, Davey.
828
00:38:15,693 --> 00:38:16,785
You're a daydreamer.
829
00:38:17,162 --> 00:38:18,459
Have been
your whole life.
830
00:38:18,897 --> 00:38:20,888
So you didn't think
I would go through with it?
831
00:38:22,901 --> 00:38:24,232
And you didn't, did you?
832
00:38:28,606 --> 00:38:30,005
Did you wish that I had?
833
00:38:33,511 --> 00:38:34,672
Ah, come on.
834
00:38:38,516 --> 00:38:39,506
Did you?
835
00:38:41,186 --> 00:38:42,244
No.
836
00:38:42,387 --> 00:38:43,377
Iwouldn't.
837
00:38:44,689 --> 00:38:45,679
Never.
838
00:38:50,762 --> 00:38:52,059
Well, why not?
839
00:38:53,198 --> 00:38:55,360
I mean, that would be it, right?
That would be the end of it.
840
00:38:56,634 --> 00:38:57,863
No more.
841
00:38:58,503 --> 00:39:00,232
No more Davey
to worry about.
842
00:39:05,810 --> 00:39:07,574
You gave up on me, Jimmy.
843
00:39:09,047 --> 00:39:11,379
That's right, I did.
You're right.
844
00:39:18,923 --> 00:39:20,516
You knew I needed help.
845
00:39:21,993 --> 00:39:24,758
When Maureen threw me out,
who did I call? I called you.
846
00:39:24,829 --> 00:39:25,853
Yes, you did.
847
00:39:25,930 --> 00:39:29,366
I called you first.
And what did I say?
848
00:39:30,435 --> 00:39:33,632
You said you were
in desperate straits.
849
00:39:35,240 --> 00:39:36,435
I needed help.
850
00:39:39,110 --> 00:39:40,373
What did you say?
851
00:39:41,746 --> 00:39:45,341
I said, "No, I'm done,
enough's enough."
852
00:39:49,187 --> 00:39:50,450
Enough's enough.
853
00:39:50,521 --> 00:39:52,046
I have my own family
to take care of.
854
00:39:52,156 --> 00:39:53,624
I'm your family too, Jimmy!
855
00:39:57,929 --> 00:39:59,124
No.
856
00:40:00,798 --> 00:40:01,924
You're not.
857
00:40:04,936 --> 00:40:06,199
Not anymore.
858
00:40:20,518 --> 00:40:23,385
On the first count of the indictment,
murder in the second degree,
859
00:40:23,454 --> 00:40:24,546
how do you find?
860
00:40:25,490 --> 00:40:26,753
We find the defendant
861
00:40:26,824 --> 00:40:27,814
guilty.
862
00:40:27,992 --> 00:40:31,053
On the second count of the indictment,
murder in the second degree,
863
00:40:31,162 --> 00:40:32,493
how do you find?
864
00:40:32,797 --> 00:40:34,765
We find
the defendant guilty.
865
00:40:35,033 --> 00:40:37,866
On the third count of the indictment,
murder in the second degree,
866
00:40:37,936 --> 00:40:39,097
how do you find?
867
00:40:39,237 --> 00:40:41,331
We find
the defendant guilty.
868
00:40:41,539 --> 00:40:43,029
On the fourth count
of the indictment,
869
00:40:43,107 --> 00:40:45,166
murder
in the second degree...
870
00:40:45,677 --> 00:40:48,510
You could still recommend that Judge
Bradley sentence him concurrently.
871
00:40:48,579 --> 00:40:50,547
Twelve life sentences
is what he deserves.
872
00:40:50,615 --> 00:40:52,014
I don't disagree.
873
00:40:52,083 --> 00:40:53,175
You agree?
874
00:40:54,018 --> 00:40:55,782
He's criminally
responsible?
875
00:40:58,222 --> 00:40:59,656
He did a terrible thing.
876
00:41:01,159 --> 00:41:02,627
But in a way,
he was right.
877
00:41:03,828 --> 00:41:05,227
It could have
been averted.
878
00:41:06,631 --> 00:41:08,531
Billions for prisons,
no health care.
879
00:41:09,901 --> 00:41:11,699
I don't make social policy.
880
00:41:12,003 --> 00:41:13,095
No.
881
00:41:14,105 --> 00:41:16,039
You just have to clean up
after those who do.