1 00:00:01,753 --> 00:00:03,494 NARRATOR: In the criminal justice system 2 00:00:03,555 --> 00:00:07,435 the people are represented by two separate yet equally important groups, 3 00:00:07,492 --> 00:00:09,335 the police who investigate crime 4 00:00:09,394 --> 00:00:12,170 and the district attorneys who prosecute the offenders. 5 00:00:12,231 --> 00:00:13,710 These are their stories. 6 00:00:15,701 --> 00:00:18,204 Got a bunch of new jacks coming in this afternoon. 7 00:00:18,270 --> 00:00:19,578 Glad it's not my shift. 8 00:00:19,638 --> 00:00:21,447 Amen, nothing I hate worse than... 9 00:00:21,506 --> 00:00:22,849 (MEN SHOUTING) 10 00:00:23,976 --> 00:00:25,819 Everybody, stay where you are! 11 00:00:25,877 --> 00:00:27,151 (ALARM BLARING) 12 00:00:27,980 --> 00:00:29,254 (MEN YELLING) 13 00:00:30,983 --> 00:00:33,793 Against the walls! Everybody line up. 14 00:00:33,852 --> 00:00:35,024 Nobody move! 15 00:00:35,087 --> 00:00:36,794 I got one down here. I need a medic. 16 00:00:36,855 --> 00:00:38,630 OFFICER: We need a medic in the hallway outside. 17 00:00:38,724 --> 00:00:40,499 MAN: (YELLING) The son of a bitch stabbed me. 18 00:00:40,559 --> 00:00:41,970 Who? Who did... Who was it? 19 00:00:42,027 --> 00:00:43,233 Son of a bitch. 20 00:00:44,229 --> 00:00:46,470 Radson. What? Who is it? 21 00:00:46,698 --> 00:00:49,235 Alejo... Dead. 22 00:00:50,936 --> 00:00:53,974 M.E. says one well-placed stab to the heart, 23 00:00:54,039 --> 00:00:56,519 and death would've been instantaneous. 24 00:00:56,575 --> 00:00:57,849 Luck or skill, I wonder. 25 00:00:57,909 --> 00:00:59,115 One or the other. 26 00:00:59,177 --> 00:01:02,420 We found this on the floor. We marked the location. 27 00:01:02,848 --> 00:01:04,384 Any idea who belongs to it? 28 00:01:04,449 --> 00:01:05,450 We're working on that. 29 00:01:05,517 --> 00:01:06,621 ED: Rafael Alejo? 30 00:01:06,685 --> 00:01:08,164 (SCOFFS) If it had to be somebody. 31 00:01:08,220 --> 00:01:09,392 Head of the Latin Lobos. 32 00:01:09,454 --> 00:01:12,060 I thought he was bolted down in Attica till the next ice age. 33 00:01:12,124 --> 00:01:14,035 He killed some guy that touched his weights. 34 00:01:14,092 --> 00:01:16,163 Judge moved the trial down here, and now we got him. 35 00:01:16,228 --> 00:01:17,969 What about the other guy who got stabbed? 36 00:01:18,030 --> 00:01:19,100 Hector Diaz. 37 00:01:19,164 --> 00:01:20,541 Yeah. He a Lobo, too? 38 00:01:20,599 --> 00:01:22,237 File says he joined a couple years ago 39 00:01:22,301 --> 00:01:23,974 but he was movin' up pretty fast. 40 00:01:24,036 --> 00:01:25,140 Maybe too fast. 41 00:01:25,203 --> 00:01:26,546 I don't know. 42 00:01:26,972 --> 00:01:28,178 That's your job to find out, isn't it? 43 00:01:29,741 --> 00:01:31,118 Well, the hours aren't that good, 44 00:01:31,176 --> 00:01:33,486 but you sure meet a lot of interesting people. 45 00:02:26,431 --> 00:02:29,002 BENNETT: Right there, that's Diaz in the white shirt 46 00:02:29,334 --> 00:02:32,144 and here's Alejo not too far behind. 47 00:02:32,404 --> 00:02:34,008 We've watched it four times. 48 00:02:34,072 --> 00:02:36,518 We can't tell from this what started the fight or who did the stabbing. 49 00:02:36,708 --> 00:02:38,517 Well, what about the other camera? 50 00:02:38,643 --> 00:02:41,146 There's a blind spot. The place is full of 'em. 51 00:02:41,213 --> 00:02:43,693 No doubt the inmates know where the blind spots are. 52 00:02:43,749 --> 00:02:45,751 Mmm-hmm. They know everything. 53 00:02:46,218 --> 00:02:47,993 BRISCOE: What's Hector Diaz in for? 54 00:02:48,053 --> 00:02:50,966 Assault on a police officer, a Detective Quinn. 55 00:02:51,189 --> 00:02:52,668 So where'd the shank come from? 56 00:02:55,427 --> 00:02:56,770 We should've found it. 57 00:02:56,828 --> 00:02:59,308 You can't kick us any harder than we're kicking ourselves. 58 00:02:59,364 --> 00:03:02,072 They in contact with each other, Diaz and Alejo? 59 00:03:02,567 --> 00:03:03,568 Don't see how. 60 00:03:03,635 --> 00:03:05,342 Diaz is in general population, 61 00:03:05,404 --> 00:03:07,475 Alejo's locked down in the segregation unit. 62 00:03:07,539 --> 00:03:09,644 Well, how'd they end up in the corridor at the same time? 63 00:03:09,708 --> 00:03:10,846 BENNETT: Move these guys around? 64 00:03:10,909 --> 00:03:12,149 Anything can happen. 65 00:03:12,210 --> 00:03:14,747 A CO's hung up, can't release a gate in time, 66 00:03:14,813 --> 00:03:15,883 you're waiting. 67 00:03:15,947 --> 00:03:18,188 Someone shows up on his way to somewhere else. 68 00:03:18,250 --> 00:03:21,231 You want to control it, but sometimes it gets away from you. 69 00:03:22,687 --> 00:03:25,463 ED: Okay, Diaz, somebody stabs you and you don't see anything? 70 00:03:25,524 --> 00:03:26,525 Yeah. 71 00:03:26,591 --> 00:03:28,628 Alejo come after you or you go after him? 72 00:03:28,693 --> 00:03:29,797 Neither one. 73 00:03:29,861 --> 00:03:31,033 We've got a shank drippin' with blood, 74 00:03:31,096 --> 00:03:32,803 we gonna turn up your prints on it? 75 00:03:32,864 --> 00:03:34,901 You do and you let me know. 76 00:03:34,966 --> 00:03:37,640 Until then, get your black nose out of my ass. 77 00:03:37,702 --> 00:03:38,840 (GRUNTING) 78 00:03:39,571 --> 00:03:43,212 Am I gonna have to conduct a race-relations workshop with you? 79 00:03:43,275 --> 00:03:45,277 Oh, you just got yourself written up. 80 00:03:45,343 --> 00:03:47,414 Might as well make it an advanced workshop. 81 00:03:47,479 --> 00:03:49,516 No more ignorant remarks, Hector. 82 00:03:49,581 --> 00:03:50,651 (BREATHING HEAVILY) 83 00:03:54,252 --> 00:03:56,459 I knew Rafael Alejo when I was in the Gang Unit, 84 00:03:56,521 --> 00:03:57,556 the guy's the worst. 85 00:03:57,622 --> 00:03:58,965 I'm glad we took him down when we did. 86 00:03:59,024 --> 00:04:00,128 What'd you get him for? 87 00:04:00,192 --> 00:04:02,331 He put out a hit on one of his lieutenants, 88 00:04:02,394 --> 00:04:03,702 the shooter took out the target, 89 00:04:03,762 --> 00:04:05,571 the target's wife and the wife's sister. 90 00:04:05,630 --> 00:04:06,836 Isn't that against the rules? 91 00:04:06,898 --> 00:04:08,936 Mmm-hmm, which is why Alejo killed the shooter. 92 00:04:09,001 --> 00:04:10,309 That's the one we got him for. 93 00:04:10,369 --> 00:04:11,905 Although he's racked up a few more since then. 94 00:04:11,971 --> 00:04:13,712 Why are you thinking Hector Diaz killed him? 95 00:04:13,773 --> 00:04:15,446 Mainly their position in the hallway. 96 00:04:15,508 --> 00:04:16,578 What's the motive? 97 00:04:16,642 --> 00:04:19,316 As long as he's alive, Alejo's on top. 98 00:04:19,378 --> 00:04:20,550 In prison or out. 99 00:04:20,613 --> 00:04:22,684 Now, somebody wanted to get rid of him and, uh, 100 00:04:22,748 --> 00:04:24,989 it looks like Diaz got the assignment. (KNOCKING ON DOOR) 101 00:04:25,218 --> 00:04:26,322 Thanks. 102 00:04:26,953 --> 00:04:30,662 The prints on the shank found at the scene are too smudged to ID. 103 00:04:31,524 --> 00:04:33,526 All right. Right now we're guessing. 104 00:04:33,593 --> 00:04:37,063 Check with the Gang Unit, see if you can get something concrete. 105 00:04:39,265 --> 00:04:40,972 We haven't been on the Lobos much since Alejo went away. 106 00:04:41,033 --> 00:04:42,307 He was the big problem. 107 00:04:42,368 --> 00:04:44,905 The others are small-time, not worth the manpower. 108 00:04:44,971 --> 00:04:46,507 Why'd Diaz go after Detective Quinn? 109 00:04:46,572 --> 00:04:47,812 They ran into each other. 110 00:04:47,874 --> 00:04:49,410 Hey, let's go, man. You're late. 111 00:04:49,709 --> 00:04:53,020 Quinn collared him a couple of times. Diaz decided to get even. 112 00:04:53,279 --> 00:04:56,192 Who knows with these guys? Maybe he was on the pipe. 113 00:04:56,382 --> 00:04:58,988 Who took over as jefe when Alejo went upstate? 114 00:04:59,051 --> 00:05:00,086 Nobody. 115 00:05:00,453 --> 00:05:03,593 Without Alejo, these clowns couldn't organize a sock drawer. 116 00:05:03,656 --> 00:05:05,465 Maybe Diaz thought he could take over. 117 00:05:05,525 --> 00:05:06,629 No idea. 118 00:05:06,959 --> 00:05:08,267 Is it worth asking Quinn? 119 00:05:08,327 --> 00:05:11,570 Detective Quinn's on medical leave till who knows when. 120 00:05:11,764 --> 00:05:13,539 It was three weeks ago. How bad did he get hurt? 121 00:05:13,599 --> 00:05:14,771 Bad. 122 00:05:15,334 --> 00:05:19,111 Maybe Diaz is your guy, but you know Alejo, Ed. 123 00:05:19,605 --> 00:05:22,017 He had enough enemies to populate a small country. 124 00:05:22,208 --> 00:05:23,380 Sorry I can't help. 125 00:05:23,442 --> 00:05:24,750 Thanks, Navarro. 126 00:05:25,111 --> 00:05:27,785 So we're gonna have to talk to every inmate in Rikers, 127 00:05:27,847 --> 00:05:29,758 and not one of them's gonna tell us a thing. 128 00:05:29,815 --> 00:05:31,351 Navarro's not being straight with us. 129 00:05:31,417 --> 00:05:33,226 Would Navarro have any reason to lie to you? 130 00:05:33,286 --> 00:05:34,629 To him, information is power. 131 00:05:34,687 --> 00:05:36,291 He likes to keep it in the family. 132 00:05:36,355 --> 00:05:37,959 And you're not family anymore. 133 00:05:38,491 --> 00:05:40,835 I got a friend from the old days I can talk to. 134 00:05:42,862 --> 00:05:44,432 I got a nephew. What's this one need? 135 00:05:44,497 --> 00:05:46,773 He's sellin' hot dogs down at Astor Place. 136 00:05:47,133 --> 00:05:48,840 Cops keep hassling him over nothing. 137 00:05:48,901 --> 00:05:51,381 An expired tax stamp, peddler's permit. 138 00:05:51,704 --> 00:05:54,241 They keep this up, he's gonna be doing burglaries again. 139 00:05:54,307 --> 00:05:56,651 All right. I'll talk to my summons guy down at the ninth. 140 00:05:56,709 --> 00:05:57,915 Is that cool? 141 00:05:57,977 --> 00:05:59,047 Yeah. 142 00:06:01,480 --> 00:06:03,790 Look, all I know about Diaz 143 00:06:03,849 --> 00:06:05,692 is Alejo really liked his style. 144 00:06:05,751 --> 00:06:06,991 He was movin' him up pretty fast. 145 00:06:07,053 --> 00:06:09,260 So Alejo put Diaz in charge when he went away? 146 00:06:09,322 --> 00:06:10,357 No way. 147 00:06:10,423 --> 00:06:12,835 Alejo was running the gang till the day he died. 148 00:06:13,326 --> 00:06:14,669 He busted his butt for about year, 149 00:06:14,727 --> 00:06:16,798 trying to break into the big-time distribution, you know. 150 00:06:16,862 --> 00:06:18,569 Well, how the hell's Alejo gonna run things 151 00:06:18,631 --> 00:06:19,974 when he's on lockdown in Attica? 152 00:06:20,032 --> 00:06:23,070 No unmonitored phone calls or letters, no visitors. 153 00:06:23,736 --> 00:06:25,113 Except from his lawyer. 154 00:06:26,772 --> 00:06:29,480 According to my informant, the drug deal that Alejo was working on 155 00:06:29,542 --> 00:06:30,543 was worth a couple mil, 156 00:06:30,610 --> 00:06:33,682 and that Alejo's lawyer was the point man, arranging everything. 157 00:06:33,746 --> 00:06:36,124 Any indication Diaz moved in on the deal? 158 00:06:36,182 --> 00:06:39,095 Well, the Cl doesn't know, but he did say that Diaz 159 00:06:39,151 --> 00:06:41,495 is ambitious and has whatever it takes. 160 00:06:41,554 --> 00:06:45,161 So we're thinking Diaz knew Alejo was gonna be at Rikers 161 00:06:45,224 --> 00:06:47,363 and got himself arrested so he could kill Alejo 162 00:06:47,426 --> 00:06:49,064 and take over his half of the proceeds. 163 00:06:49,128 --> 00:06:52,701 But he could've gotten himself collared for kicking a detective's shin. 164 00:06:52,765 --> 00:06:53,971 Why'd he bust him up so bad? 165 00:06:54,033 --> 00:06:55,034 Payback. 166 00:06:55,101 --> 00:06:56,705 Drug deal go down yet? Nope. 167 00:06:56,769 --> 00:06:58,271 Your Cl know the time or place? 168 00:06:58,337 --> 00:07:00,442 He said the lawyer was the only one that knew the details. 169 00:07:00,506 --> 00:07:02,850 Yeah, uh, Benson White. 170 00:07:02,908 --> 00:07:05,115 We checked with the State Bar Association, 171 00:07:05,177 --> 00:07:06,884 the guy should've been disbarred by now. 172 00:07:06,946 --> 00:07:09,756 Well, if Diaz killed Alejo for half a share, 173 00:07:09,815 --> 00:07:12,125 Mr. White may be a dead man for the other half. 174 00:07:16,856 --> 00:07:22,807 I don't know any Hector Diaz. My client was Rafael Alejo. He's dead, end of story. 175 00:07:22,862 --> 00:07:25,468 Yeah, except for the 2 million dollar delivery you two set up. 176 00:07:25,531 --> 00:07:27,704 (SCOFFS) If I had 2 million dollars, I'd be on Crete, 177 00:07:27,767 --> 00:07:29,974 playing strip backgammon with Helen of Troy. 178 00:07:30,036 --> 00:07:32,346 Yeah, we'll check in next week, see if you're still alive. 179 00:07:32,405 --> 00:07:34,009 You think you'll remember him when he's stabbing you? 180 00:07:34,073 --> 00:07:36,781 (LAUGHS) Your concern is touching. 181 00:07:36,842 --> 00:07:38,515 I still don't know Hector Diaz. 182 00:07:40,646 --> 00:07:42,421 How reliable's your informant? 183 00:07:42,481 --> 00:07:44,791 He's been wrong, but he's never lied to me. 184 00:07:44,950 --> 00:07:47,658 You think this guy's lying about not knowing Diaz? 185 00:07:47,720 --> 00:07:49,757 I don't know. Would a lawyer lie? 186 00:07:49,822 --> 00:07:51,233 There's a first time for everything. 187 00:07:51,290 --> 00:07:52,860 Let's talk to Diaz again. 188 00:07:52,925 --> 00:07:54,370 Maybe you ought to pick up a little something. 189 00:07:54,427 --> 00:07:56,373 Something to let him know you're sorry about last time. 190 00:07:56,662 --> 00:07:58,573 Don't worry, Lennie, I'll be nice. 191 00:07:59,265 --> 00:08:01,836 "Diaz, Hector." Made bail yesterday. 192 00:08:01,901 --> 00:08:04,905 1400 hours, $150,000. 193 00:08:05,171 --> 00:08:07,447 I guess the price of assaulting a cop's gone up. 194 00:08:07,506 --> 00:08:08,780 Who posted the bond? 195 00:08:09,108 --> 00:08:11,918 Party name of Benson White. 196 00:08:20,319 --> 00:08:21,855 Your Cl's good. 197 00:08:21,921 --> 00:08:24,299 I don't think it was that hard for him to find Diaz. 198 00:08:24,356 --> 00:08:27,826 Apparently he was bragging all over town, he put a detective in the hospital. 199 00:08:31,797 --> 00:08:32,867 ED: Wanna pick him up? 200 00:08:32,932 --> 00:08:34,138 Why not? 201 00:08:42,808 --> 00:08:44,981 He can't be hungry again already. 202 00:08:45,845 --> 00:08:47,449 Security Council meeting? 203 00:08:47,513 --> 00:08:48,958 Let's find out. 204 00:08:52,218 --> 00:08:53,322 Take the back. 205 00:08:57,957 --> 00:09:00,767 You got kielbasa? Polish sausage? 206 00:09:04,797 --> 00:09:05,832 Police! Open up! 207 00:09:06,999 --> 00:09:08,069 What's your hurry? 208 00:09:10,069 --> 00:09:11,673 Uh-uh. Right over here. 209 00:09:14,106 --> 00:09:15,244 Who else is in the back? 210 00:09:15,307 --> 00:09:17,787 You got a warrant? I don't need a warrant. 211 00:09:17,843 --> 00:09:22,349 What I have is exigent circumstances, wouldn't you agree? 212 00:09:23,783 --> 00:09:26,389 All right, stand up. Nice and slow. 213 00:09:26,452 --> 00:09:28,193 Put your hands on top of your head. 214 00:09:29,989 --> 00:09:31,127 Don't move! 215 00:09:37,396 --> 00:09:38,534 (SIGHS) 216 00:09:38,597 --> 00:09:40,873 Detective Green. Detective Quinn. 217 00:09:41,500 --> 00:09:42,638 This is Quinn? 218 00:09:43,269 --> 00:09:44,373 (SIGHING) 219 00:09:46,038 --> 00:09:47,813 Detective Diaz, I presume. 220 00:09:49,008 --> 00:09:50,578 I guess I gotta take the cuffs off. 221 00:09:50,643 --> 00:09:52,645 Don't fall all over yourself apologizing. 222 00:09:52,711 --> 00:09:54,088 Don't worry about it. 223 00:09:56,782 --> 00:10:00,628 These idiots came close to blowing two years worth of undercover work. 224 00:10:00,686 --> 00:10:01,824 These idiots? 225 00:10:02,121 --> 00:10:04,965 What about you not giving us a heads-up 226 00:10:05,024 --> 00:10:07,732 when you knew we were investigating one of your people? 227 00:10:07,793 --> 00:10:09,898 It was too big a risk and you know it. 228 00:10:09,962 --> 00:10:11,805 BRISCOE: Oh, right. It's not like we're cops or anything. 229 00:10:11,864 --> 00:10:14,174 Not like I wasn't in the Gang Unit for two and a half years. 230 00:10:14,233 --> 00:10:15,769 Well, you're not in it now. 231 00:10:16,268 --> 00:10:19,272 I operate on a strict need-to-know basis. 232 00:10:19,338 --> 00:10:20,612 People's lives depend on that. 233 00:10:20,673 --> 00:10:25,713 Don't you dare lecture us on what people's lives depend on. 234 00:10:26,345 --> 00:10:29,121 These detectives did need to know. 235 00:10:29,315 --> 00:10:30,760 You didn't tell them, 236 00:10:30,816 --> 00:10:34,593 and because of that, we wasted days 237 00:10:34,653 --> 00:10:36,530 thinking Diaz was the killer. 238 00:10:36,856 --> 00:10:39,268 I still haven't heard anything that proves he's not. 239 00:10:39,725 --> 00:10:41,363 Diaz didn't kill that puke. 240 00:10:41,427 --> 00:10:43,566 Well, can he tell us who did, or would he rather not say? 241 00:10:43,629 --> 00:10:45,131 He has no idea. 242 00:10:45,965 --> 00:10:48,809 One more day, we'd have been all over that drug delivery. 243 00:10:48,868 --> 00:10:50,814 We'd have shut the Lobos down. 244 00:10:54,673 --> 00:10:55,674 (DOOR BANGING) 245 00:10:57,176 --> 00:10:59,884 Quinn told us that Diaz's job was to find the time 246 00:10:59,945 --> 00:11:01,390 and the place of the drug deal. 247 00:11:01,447 --> 00:11:03,222 The Gang Unit dummied up his arrest, 248 00:11:03,282 --> 00:11:05,523 so he could get close to Alejo in Rikers. 249 00:11:05,618 --> 00:11:06,619 Yeah. 250 00:11:07,486 --> 00:11:09,363 Look, this came from the M.E. 251 00:11:09,655 --> 00:11:13,159 The metal bolt found at the scene doesn't match the wound. 252 00:11:13,225 --> 00:11:15,262 The murder weapon is still out there. 253 00:11:15,361 --> 00:11:16,362 Okay. 254 00:11:20,566 --> 00:11:22,239 How often do you search the place? 255 00:11:22,301 --> 00:11:23,507 Let's put it this way, 256 00:11:23,569 --> 00:11:25,480 it's not an infrequent occurrence. 257 00:11:25,538 --> 00:11:26,881 ED: And you find everything, right? 258 00:11:26,939 --> 00:11:31,649 Everything. Drugs, liquor, cook tops, steam irons. 259 00:11:31,710 --> 00:11:33,712 How the hell do they manage to bring in steam irons? 260 00:11:33,779 --> 00:11:35,383 They manage. Captain? 261 00:11:35,581 --> 00:11:37,060 Twenty-two so far. 262 00:11:37,116 --> 00:11:38,424 BRISCOE: Twenty-two shanks? 263 00:11:38,484 --> 00:11:40,760 In a variety of sizes and styles. 264 00:11:41,353 --> 00:11:43,833 We'll bag 'em and tag 'em and send 'em to the M.E. 265 00:11:47,559 --> 00:11:50,506 ED: The M.E. says that's the murder weapon. Wiped clean, no prints. 266 00:11:50,729 --> 00:11:54,176 Yeah, it was found in the Central Punitive Segregation Unit. 267 00:11:54,233 --> 00:11:56,110 Cell of inmate Daniel M. Kiley. 268 00:11:56,168 --> 00:11:59,047 The only inmate from CPSU 269 00:11:59,104 --> 00:12:01,311 who was in the visit area, was Alejo. 270 00:12:01,373 --> 00:12:04,411 You know, this shank could've been passed around a dozen times 271 00:12:04,476 --> 00:12:05,477 since the murder. 272 00:12:05,544 --> 00:12:06,921 We'd like to talk to Kiley. 273 00:12:06,979 --> 00:12:08,322 Be my guest. 274 00:12:09,949 --> 00:12:11,019 I didn't know the weapon was in there. 275 00:12:11,083 --> 00:12:13,063 Nobody passed it to you to hide? 276 00:12:14,386 --> 00:12:15,558 Your friend deaf? 277 00:12:16,622 --> 00:12:18,260 How long you been in that cell? 278 00:12:18,324 --> 00:12:19,462 Five weeks. 279 00:12:19,858 --> 00:12:24,274 One hour a day in the yard, the occasional shower, otherwise in the cell. 280 00:12:25,165 --> 00:12:27,145 They ever double you up with anybody? 281 00:12:27,701 --> 00:12:28,941 Frequently. 282 00:12:29,002 --> 00:12:32,381 According to the records, September 17, it was Judd Larson. 283 00:12:32,906 --> 00:12:35,216 Yes. What a dear, sweet man. 284 00:12:35,809 --> 00:12:38,813 I think it's been almost a year since he killed anyone. 285 00:12:39,913 --> 00:12:43,622 The day Alejo was killed, did Larson go to the visit room? 286 00:12:43,683 --> 00:12:44,821 Yes, he did. 287 00:12:44,884 --> 00:12:46,761 And no, I don't know who it was to see, 288 00:12:46,820 --> 00:12:48,094 and no, I didn't ask him. 289 00:12:48,188 --> 00:12:50,429 Did you notice anything unusual when he got back? 290 00:12:50,490 --> 00:12:51,730 He was bleeding, 291 00:12:52,492 --> 00:12:54,494 not that that's overly unusual. 292 00:12:54,661 --> 00:12:55,662 Bleeding where? 293 00:12:55,729 --> 00:12:56,730 His arm. 294 00:12:57,297 --> 00:12:59,208 Who escorted him to the visit room? 295 00:13:02,602 --> 00:13:05,412 There wasn't any paperwork because it was a last-minute visit. 296 00:13:05,472 --> 00:13:07,042 Larson's attorney called to set it up. 297 00:13:07,107 --> 00:13:08,450 I did the paperwork later. 298 00:13:08,508 --> 00:13:10,852 This is the list you gave us of the inmates in the hallway, 299 00:13:10,910 --> 00:13:12,480 and there's no Judd Larson on here. 300 00:13:12,545 --> 00:13:15,082 You said you wanted the gang members who were there. 301 00:13:15,148 --> 00:13:17,458 Could Judd Larson have killed Alejo? 302 00:13:17,517 --> 00:13:18,894 I don't see how. I was with him. 303 00:13:18,952 --> 00:13:21,125 His cell-mate said he had a cut on his arm. 304 00:13:21,187 --> 00:13:23,394 The infirmary had no record of it being treated. 305 00:13:23,456 --> 00:13:25,902 I didn't see it, and he didn't tell me about it. 306 00:13:25,959 --> 00:13:28,530 Well, did you search him before you took him back to the Segregation Unit? 307 00:13:28,595 --> 00:13:30,905 In a situation like that, we frisk everybody. 308 00:13:31,898 --> 00:13:33,502 You did frisk him, right, Pete? 309 00:13:33,566 --> 00:13:34,772 I gave him a quick pat down. 310 00:13:34,834 --> 00:13:37,678 I wanted to get him out of there and back to the CPSU. 311 00:13:37,971 --> 00:13:40,110 Thank you, Officer Bennett. That'll be all. 312 00:13:41,808 --> 00:13:43,446 What's Larson's story? 313 00:13:43,510 --> 00:13:45,319 He's doin' natural life at Sing Sing. 314 00:13:45,378 --> 00:13:47,358 Came here to Manhattan for a court appearance. 315 00:13:47,414 --> 00:13:49,860 Any contact between Larson and Alejo before the murder? 316 00:13:49,916 --> 00:13:51,657 Not likely. Alejo was segregated. 317 00:13:51,718 --> 00:13:54,426 Well, how did Larson know that Alejo would be in the visit area? 318 00:13:54,487 --> 00:13:55,966 Inmate grapevine? I don't know. 319 00:13:56,022 --> 00:14:00,528 Well, according to this, Larson called his attorney the day before the murder. 320 00:14:00,894 --> 00:14:04,398 Bennett said the lawyer called at the last minute to request a visit. 321 00:14:04,464 --> 00:14:05,875 Yeah, Larson called her to come out. 322 00:14:05,932 --> 00:14:08,674 She called to make the arrangements. I mean, so what? 323 00:14:08,735 --> 00:14:11,443 So did he really need to see his lawyer, 324 00:14:11,504 --> 00:14:14,644 or was this some scam to get Larson in the same room with Alejo? 325 00:14:16,509 --> 00:14:18,182 You'll have to ask Larson. 326 00:14:19,112 --> 00:14:20,921 Larson's in for killing his wife. 327 00:14:21,014 --> 00:14:23,085 He stabbed her 14 times. 328 00:14:23,149 --> 00:14:26,756 Before that, he did eight years for stabbing some guy outside a bar. 329 00:14:27,420 --> 00:14:29,263 What's his connection with Alejo? 330 00:14:29,322 --> 00:14:30,460 The only thing that we could find 331 00:14:30,523 --> 00:14:32,969 is that they were at Sing Sing together a couple of years ago. 332 00:14:33,026 --> 00:14:34,903 Yeah, we called up there. They're checking the records. 333 00:14:34,961 --> 00:14:38,033 Larson's cell-mate at Rikers said that he had a cut on his arm 334 00:14:38,098 --> 00:14:39,236 when he came back from the visit area. 335 00:14:40,300 --> 00:14:43,838 The metal bolt that was found at the scene had blood on it, yes? 336 00:14:43,903 --> 00:14:46,474 We sent it to the lab to see if the blood type matches Larson's. 337 00:14:46,539 --> 00:14:48,519 Well, you know what to do if it does. 338 00:14:51,144 --> 00:14:52,145 (SIGHS) 339 00:14:56,483 --> 00:14:58,963 Larson and Alejo were here at the same time two years ago, 340 00:14:59,018 --> 00:15:01,430 from April 20 to July 8, 341 00:15:01,488 --> 00:15:03,991 when we transferred Alejo to Attica. 342 00:15:04,057 --> 00:15:05,627 Any incidents between them? 343 00:15:06,059 --> 00:15:08,403 Alejo had incidents with a lot of people. 344 00:15:08,728 --> 00:15:10,730 ED: When was the one between him and Larson? 345 00:15:10,797 --> 00:15:11,867 Uh... 346 00:15:13,666 --> 00:15:16,237 "July 7,1998." 347 00:15:16,636 --> 00:15:20,846 "Inmate Alejo claimed inmate Larson received more than the allotted" 348 00:15:20,907 --> 00:15:22,716 "three waffles at breakfast." 349 00:15:24,310 --> 00:15:26,449 "A fight ensued in the mess hall." 350 00:15:26,513 --> 00:15:30,461 "Inmate Larson slammed inmate Alejo into the wall," 351 00:15:30,517 --> 00:15:32,622 "and informed him that an upward thrust" 352 00:15:32,685 --> 00:15:35,131 "under the third button from the top would puncture the heart" 353 00:15:35,188 --> 00:15:37,134 "and cause immediate death." 354 00:15:37,190 --> 00:15:38,533 Larson made shanks? 355 00:15:38,591 --> 00:15:40,161 We've taken, uh, 356 00:15:41,394 --> 00:15:43,931 31 of them off him over the years. 357 00:15:43,997 --> 00:15:46,534 Take his privileges away, keep locking him, 358 00:15:46,599 --> 00:15:48,169 nothing makes a bit of difference. 359 00:15:48,234 --> 00:15:51,010 He ever threaten Alejo other than that one time? 360 00:15:51,070 --> 00:15:54,449 Never got the chance. The next day Alejo was shipped out. 361 00:15:55,942 --> 00:15:56,943 (DOOR BUZZING) 362 00:15:59,445 --> 00:16:00,719 Judd Larson? 363 00:16:00,780 --> 00:16:02,589 Since you're outside my cell, 364 00:16:02,649 --> 00:16:05,095 I have to assume you know what my name is. 365 00:16:05,151 --> 00:16:07,597 And I have to assume you know why we're here, 366 00:16:07,654 --> 00:16:08,689 so why don't you just stand up 367 00:16:08,755 --> 00:16:10,632 and let's get this over with, huh? 368 00:16:10,690 --> 00:16:12,829 Where am I being transported to? 369 00:16:12,992 --> 00:16:14,369 Rikers. All right? 370 00:16:14,427 --> 00:16:16,930 You're under arrest for the murder of Rafael Alejo. 371 00:16:16,996 --> 00:16:19,101 You like Rikers, right, Larson? 372 00:16:19,165 --> 00:16:20,542 I like it fine. 373 00:16:24,604 --> 00:16:26,845 ARONSON: You can't tie the weapon to Mr. Larson. 374 00:16:27,340 --> 00:16:28,944 Nobody saw anything. 375 00:16:29,409 --> 00:16:32,083 You've got a hallway full of people who could've done it. 376 00:16:32,145 --> 00:16:33,818 You'll never even get an indictment. 377 00:16:34,314 --> 00:16:36,521 You're aware you'll be facing the death penalty? 378 00:16:37,550 --> 00:16:40,429 Will we be done in time for lunch in the mess hall, 379 00:16:40,486 --> 00:16:42,830 or will I be provided with my meal in here? 380 00:16:44,324 --> 00:16:45,359 We'll be done in plenty of time. 381 00:16:46,559 --> 00:16:47,663 You want to save the state 382 00:16:47,727 --> 00:16:49,172 the time and expense of atrial, 383 00:16:49,229 --> 00:16:50,435 I'll see what I can do for you. 384 00:16:50,496 --> 00:16:52,134 It's not my expense. 385 00:16:54,634 --> 00:16:55,977 And I got nothing but time. 386 00:16:57,737 --> 00:17:00,377 Give it up, Mr. McCoy, you have no case. 387 00:17:02,875 --> 00:17:05,981 Let's find out how he knew Alejo would be in the visit room. 388 00:17:06,446 --> 00:17:08,551 An inmate named Soriano seems to have been 389 00:17:08,615 --> 00:17:10,253 the flashpoint for the trouble. 390 00:17:10,316 --> 00:17:11,886 He says a CO shoved him, 391 00:17:11,951 --> 00:17:13,624 knocking him into another inmate, 392 00:17:13,686 --> 00:17:15,688 who took offense and started swinging. 393 00:17:15,755 --> 00:17:17,132 Shoved him deliberately? 394 00:17:17,190 --> 00:17:18,294 So he says. 395 00:17:18,424 --> 00:17:21,564 No reason to lie about that unless he started it himself. 396 00:17:21,628 --> 00:17:25,235 He's 5'4", 120 pounds. Why would he start anything? 397 00:17:25,498 --> 00:17:28,001 The disturbance was staged to cover the crime. 398 00:17:28,067 --> 00:17:30,104 I'd say it's a distinct possibility. 399 00:17:30,169 --> 00:17:31,239 BY Whom? 400 00:17:31,738 --> 00:17:33,649 The CO who escorted Larson into the visit room? 401 00:17:34,240 --> 00:17:35,241 Peter Bennett. 402 00:17:36,042 --> 00:17:37,851 You looked at his personnel file? 403 00:17:38,478 --> 00:17:39,513 Captain Webber wouldn't let me. 404 00:17:39,579 --> 00:17:41,058 He cited confidentiality of employee records. 405 00:17:41,781 --> 00:17:42,851 Get a subpoena. 406 00:17:45,952 --> 00:17:47,761 GRANICK: This is a fishing expedition, Your Honor. 407 00:17:47,820 --> 00:17:51,324 Officer Bennett escorted inmate Larson to the visit room. 408 00:17:51,391 --> 00:17:53,371 There have been allegations he created the disturbance 409 00:17:53,426 --> 00:17:55,463 that allowed Larson to get to Alejo. 410 00:17:55,528 --> 00:17:57,371 Allegations made by whom? 411 00:17:57,430 --> 00:17:59,034 An inmate looking to get even. 412 00:17:59,098 --> 00:18:00,805 I'm duty-bound to investigate 413 00:18:00,867 --> 00:18:03,006 even allegations made by inmates. 414 00:18:03,469 --> 00:18:05,972 At this point, you have nothing that links Officer Bennett 415 00:18:06,039 --> 00:18:07,245 to the crime, is that right? 416 00:18:07,307 --> 00:18:09,378 What I have is purely circumstantial 417 00:18:09,442 --> 00:18:11,046 and a long way from sufficient to make a case. 418 00:18:11,878 --> 00:18:13,118 Then why are we here? 419 00:18:13,179 --> 00:18:16,319 What I'm looking for is the ability to further investigate 420 00:18:16,382 --> 00:18:19,829 what may, or may not, have been Officer Bennett's role. 421 00:18:20,053 --> 00:18:22,761 Well, I see nothing unduly burdensome in that. 422 00:18:23,256 --> 00:18:25,862 The administration at Rikers Island is instructed 423 00:18:25,925 --> 00:18:27,370 to turn over the requested documents 424 00:18:27,427 --> 00:18:29,600 to the District Attorney's office forthwith. 425 00:18:29,929 --> 00:18:31,772 How long will your clients need, Mr. Granick? 426 00:18:31,831 --> 00:18:33,003 Seventy-two hours, minimum. 427 00:18:33,633 --> 00:18:35,510 If Rikers is short of clerks, 428 00:18:35,568 --> 00:18:37,707 I can pull the file and copy it myself, Your Honor. 429 00:18:38,338 --> 00:18:40,079 And we have a solution. 430 00:18:48,114 --> 00:18:49,286 (CLEARING THROAT) 431 00:18:51,417 --> 00:18:53,693 Should I just keep the originals here? 432 00:18:53,753 --> 00:18:54,959 Sure. 433 00:18:59,993 --> 00:19:00,994 Excuse me. 434 00:19:09,402 --> 00:19:11,473 (CLEARING THROAT) Thanks for your help. 435 00:19:11,537 --> 00:19:12,777 Anytime. 436 00:19:18,611 --> 00:19:19,612 JACK: Bennett worked the Segregation Unit 437 00:19:19,679 --> 00:19:21,625 three of the five days preceding the murder. 438 00:19:22,815 --> 00:19:24,260 So he had the opportunity to chat with Larson. 439 00:19:25,017 --> 00:19:29,193 An Officer Philip McNaught was assigned to escort Larson to the visit room. 440 00:19:29,255 --> 00:19:30,393 Bennett replaced him at the last minute. 441 00:19:30,456 --> 00:19:32,129 At Bennett's request. 442 00:19:32,358 --> 00:19:33,496 Does it say why? 443 00:19:33,559 --> 00:19:34,594 No. 444 00:19:35,828 --> 00:19:37,569 I'm getting a lot of nasty calls 445 00:19:37,630 --> 00:19:39,473 from the Department of Corrections. 446 00:19:39,766 --> 00:19:42,246 How sure are we that an officer's involved? 447 00:19:42,301 --> 00:19:46,044 Well, Larson carried a shank from the CPSU 448 00:19:46,105 --> 00:19:47,550 to the visit room and back. 449 00:19:47,607 --> 00:19:50,451 Officer Bennett failed to discover the weapon 450 00:19:50,510 --> 00:19:51,716 either before or after the murder. 451 00:19:51,778 --> 00:19:55,055 Even though searches were mandated by the circumstances. 452 00:19:55,114 --> 00:19:57,856 Bennett also failed to identify Larson to the police 453 00:19:57,917 --> 00:20:00,193 as being one of the inmates at the scene. 454 00:20:00,620 --> 00:20:03,362 It's arguable, although not yet provable, 455 00:20:04,123 --> 00:20:05,864 that Bennett started the disturbance. 456 00:20:05,925 --> 00:20:07,131 What's his motive? 457 00:20:07,193 --> 00:20:08,331 Don't know yet. 458 00:20:09,262 --> 00:20:12,300 We're not getting much cooperation from the Department of Corrections. 459 00:20:12,365 --> 00:20:14,936 No. They've circled the wagons. 460 00:20:16,069 --> 00:20:18,913 Well, the DOC's not running its own little fiefdom over there. 461 00:20:18,971 --> 00:20:21,474 If they won't cooperate, you know, hit 'em with more subpoenas. 462 00:20:23,676 --> 00:20:25,747 Why would Bennett want Alejo dead? 463 00:20:25,812 --> 00:20:28,156 I talked to Alejo's relatives, my Cl, 464 00:20:28,214 --> 00:20:29,386 none of them heard of Bennett. 465 00:20:29,949 --> 00:20:32,429 Bennett had a habit of switching assignments. 466 00:20:32,485 --> 00:20:35,365 Shifts, days off, holiday time. 467 00:20:35,422 --> 00:20:36,457 ED: So does half the squad here. 468 00:20:36,523 --> 00:20:37,934 Take a look at their duty rosters. 469 00:20:38,592 --> 00:20:41,436 Every shift change for the past year 470 00:20:41,795 --> 00:20:43,797 put him with an Officer Donahue. 471 00:20:44,498 --> 00:20:45,568 Angela Donahue? 472 00:20:46,233 --> 00:20:47,268 Yeah. 473 00:20:47,334 --> 00:20:49,245 I saw her name in Alejo's case file. 474 00:20:49,303 --> 00:20:51,044 When she was at Attica, he raped her. 475 00:20:52,973 --> 00:20:55,579 Okay, we're sure Bennett and her were involved, 476 00:20:55,642 --> 00:20:58,384 it's not just a coincidence, him changing his shifts? 477 00:20:58,445 --> 00:21:00,220 Pull Bennett's IUDs and credit-card data. 478 00:21:00,280 --> 00:21:02,760 BRISCOE: We'll need a subpoena. I'll get you a subpoena. 479 00:21:04,418 --> 00:21:06,022 Officer Donahue? Yep. 480 00:21:07,121 --> 00:21:10,364 I'm Abbie Carmichael from the Manhattan District Attorney's office. 481 00:21:11,425 --> 00:21:12,733 What can I do for you? 482 00:21:13,694 --> 00:21:15,640 We have information that you and Peter Bennett 483 00:21:15,696 --> 00:21:17,903 are romantically involved with each other. 484 00:21:18,766 --> 00:21:20,507 That's none of your business. 485 00:21:23,137 --> 00:21:25,242 I'm doing what I have to do, Officer. 486 00:21:25,906 --> 00:21:27,078 Why? 487 00:21:27,207 --> 00:21:29,687 Because Rafael Alejo got killed? No. 488 00:21:30,377 --> 00:21:32,186 All you have to do with this one, 489 00:21:32,246 --> 00:21:34,522 is throw dirt on him and forget he ever lived. 490 00:21:34,581 --> 00:21:37,994 We know you worked at Attica and we know what Alejo did to you. 491 00:21:38,252 --> 00:21:39,788 No stone unturned, right? 492 00:21:40,154 --> 00:21:43,226 He had Alejo killed because of what he did to you. 493 00:21:43,290 --> 00:21:47,830 Look, as far as I know, it was one inmate stabbing another. 494 00:21:47,895 --> 00:21:49,033 Peter had nothing to do with it. 495 00:21:50,831 --> 00:21:53,869 If Peter would plead guilty to a lesser charge, 496 00:21:53,934 --> 00:21:57,245 we'd be open to discussing a considerable reduction in his sentence. 497 00:21:57,304 --> 00:21:59,011 You want me to talk him into it? 498 00:21:59,439 --> 00:22:02,215 As of now, he may be charged with murder for hire. 499 00:22:02,543 --> 00:22:04,284 That carries a possible death sentence, 500 00:22:04,344 --> 00:22:06,119 at a minimum 25-to-life. 501 00:22:06,346 --> 00:22:07,416 Yeah? 502 00:22:08,148 --> 00:22:10,094 Well, shame on you for that. 503 00:22:14,388 --> 00:22:15,765 Alejo's attack on Ms. Donahue was brutal, 504 00:22:15,822 --> 00:22:19,531 and it took her a long time to recover both physically and emotionally. 505 00:22:19,593 --> 00:22:21,573 So Bennett sees himself as the white knight? 506 00:22:21,628 --> 00:22:24,006 Well, Briscoe and Green dug up three incidents 507 00:22:24,064 --> 00:22:27,477 where Bennett decked guys for hitting on Donahue. 508 00:22:27,968 --> 00:22:29,675 Two in a bar, one at a ball game. 509 00:22:30,204 --> 00:22:32,616 So he had Alejo killed to avenge her honor. 510 00:22:32,839 --> 00:22:34,910 Can't say it's never happened before. 511 00:22:34,975 --> 00:22:39,981 And to sell this to a jury, we have Judd Larson, sociopath and murderer. 512 00:22:40,047 --> 00:22:42,721 Who Bennett knew when they were both upstate at Attica. 513 00:22:43,250 --> 00:22:45,059 I believe Bennett set it up, Jack. 514 00:22:45,986 --> 00:22:47,158 Will anyone else? 515 00:22:47,921 --> 00:22:49,093 I don't know. 516 00:22:50,791 --> 00:22:53,237 What does Bennett say? Bennett's not talking. 517 00:22:54,595 --> 00:22:56,700 Let's see what we can get out of Larson. 518 00:22:59,633 --> 00:23:03,342 Mr. Larson can't confirm or deny your suspicions about Officer Bennett. 519 00:23:03,437 --> 00:23:06,145 He doesn't know anything about who killed Rafael Alejo. 520 00:23:06,206 --> 00:23:07,947 We're way past that, Ms. Aronson. 521 00:23:08,008 --> 00:23:09,282 ARONSON: We don't think we're past anything. 522 00:23:09,343 --> 00:23:10,845 We don't think you have a case. 523 00:23:10,911 --> 00:23:12,754 I have a 17-year-old son. 524 00:23:16,750 --> 00:23:18,752 He's incarcerated at Coxsackie. 525 00:23:19,786 --> 00:23:21,322 I'd like him transferred to Hudson. 526 00:23:21,388 --> 00:23:22,526 Can I have a moment with my client please? 527 00:23:22,589 --> 00:23:24,034 If he stays where he is, 528 00:23:24,091 --> 00:23:26,571 the same thing that happened to me'll happen to him. 529 00:23:27,361 --> 00:23:28,965 Arrange for a transfer and I'll testify. 530 00:23:29,796 --> 00:23:30,831 To what? 531 00:23:30,898 --> 00:23:32,400 ARONSON: Wait a second, before he says anything, 532 00:23:32,466 --> 00:23:34,207 take the death penalty off the table. 533 00:23:34,268 --> 00:23:37,647 Since he's already a lifer, that would be one murder free. 534 00:23:37,771 --> 00:23:39,717 Do what I'm asking with my son. 535 00:23:41,975 --> 00:23:44,353 If I can use what you tell me, you have a deal. 536 00:23:45,579 --> 00:23:48,150 Bennett told me they'd go easy on my boy 537 00:23:48,215 --> 00:23:50,024 if I'd fix a problem for him. 538 00:23:50,951 --> 00:23:53,431 What exactly did Mr. Bennett ask you to do? 539 00:23:53,754 --> 00:23:56,496 What I said. Fix Alejo. 540 00:24:01,528 --> 00:24:02,632 JUDGE: Next case. 541 00:24:02,696 --> 00:24:05,176 "Indictment number 20561" 542 00:24:05,232 --> 00:24:07,940 People v. Peter Bennett, murder in the second degree. 543 00:24:17,377 --> 00:24:18,481 Mr. Granick? 544 00:24:18,679 --> 00:24:22,126 Your Honor, it's my understanding that Correction Officer Bennett 545 00:24:22,182 --> 00:24:24,355 was transported to the courthouse. 546 00:24:24,418 --> 00:24:27,661 Beyond that, I have no idea as to his whereabouts. 547 00:24:27,721 --> 00:24:30,099 The defendant is not available at this time, Your Honor. 548 00:24:30,157 --> 00:24:33,229 We'll come back to him. Next case. 549 00:24:33,293 --> 00:24:35,569 No defendants are available, Judge. 550 00:24:36,797 --> 00:24:38,037 Excuse me? 551 00:24:39,566 --> 00:24:41,341 To show solidarity with Bennett, 552 00:24:41,401 --> 00:24:44,177 the officers at Rikers are doing everything by the book. 553 00:24:44,237 --> 00:24:47,047 Which means not handing over prisoners for arraignment 554 00:24:47,107 --> 00:24:50,111 or trial unless all the paperwork is done perfectly. 555 00:24:51,745 --> 00:24:53,122 How many went through? 556 00:24:53,513 --> 00:24:57,723 Well, Berman had 83 cases on his docket. He arraigned 10. 557 00:24:59,686 --> 00:25:00,892 It's a one-day action. 558 00:25:00,954 --> 00:25:02,627 What'll they do if we convict him? 559 00:25:02,689 --> 00:25:05,033 What's the likelihood of that happening? 560 00:25:05,092 --> 00:25:07,094 Let's see, Larson's our star witness. 561 00:25:07,160 --> 00:25:08,571 He murdered three people. 562 00:25:08,628 --> 00:25:10,471 And the victim makes Larson look like Mother Teresa. 563 00:25:11,465 --> 00:25:12,739 Well, what about a plea? 564 00:25:12,799 --> 00:25:14,210 He's not interested. 565 00:25:14,267 --> 00:25:15,871 Why plead when you can walk? 566 00:25:20,140 --> 00:25:22,643 You're romantically involved with the defendant, 567 00:25:22,709 --> 00:25:24,552 is that not right, Officer Donahue? 568 00:25:25,012 --> 00:25:26,082 Yes. 569 00:25:26,146 --> 00:25:28,990 Does this relationship date to when you were both 570 00:25:29,049 --> 00:25:30,892 working at Attica State Prison? 571 00:25:30,951 --> 00:25:31,952 Right. 572 00:25:32,018 --> 00:25:35,556 Which is where you were raped by Rafael Alejo. 573 00:25:36,623 --> 00:25:38,000 Right again. 574 00:25:38,425 --> 00:25:41,372 What was Officer Bennett's reaction to your being raped? 575 00:25:41,428 --> 00:25:42,668 What do you think? 576 00:25:43,396 --> 00:25:46,138 You've been qualified as a hostile witness, Ms. Donahue, 577 00:25:46,199 --> 00:25:48,907 there's no onus on you to prove that you're hostile. 578 00:25:49,169 --> 00:25:50,648 Please answer the question. 579 00:25:52,606 --> 00:25:53,778 He was upset. 580 00:25:54,941 --> 00:25:59,083 Officer Bennett was transferred to another facility, immediately 581 00:25:59,146 --> 00:26:00,887 following the incident, wasn't he? 582 00:26:01,448 --> 00:26:04,190 A few days after what you call the incident, yes. 583 00:26:04,251 --> 00:26:05,730 COs are transferred all the time. 584 00:26:06,553 --> 00:26:09,796 Wasn't the reason it happened in Officer Bennett's case 585 00:26:10,490 --> 00:26:12,470 that the prison authority 586 00:26:12,526 --> 00:26:16,838 was concerned about him taking violent retribution against Rafael Alejo? 587 00:26:16,897 --> 00:26:18,706 You'd have to ask the prison authority. 588 00:26:19,299 --> 00:26:21,677 On March 17 of this year, 589 00:26:22,702 --> 00:26:25,148 did the defendant, in your presence, 590 00:26:25,205 --> 00:26:27,412 in a bar in Pearl River, 591 00:26:27,474 --> 00:26:30,455 attack another man for asking to buy you a drink? 592 00:26:30,911 --> 00:26:32,481 I was propositioned. 593 00:26:32,679 --> 00:26:34,522 The guy was rude and insulting 594 00:26:34,581 --> 00:26:37,892 and Officer Bennett did what most guys I know in that situation would do. 595 00:26:37,951 --> 00:26:40,955 Was that also the case in the stands of a Jets game 596 00:26:41,021 --> 00:26:42,932 and the parking lot of the Short Hills mall, 597 00:26:42,989 --> 00:26:45,469 both of which times the police were called 598 00:26:45,525 --> 00:26:47,698 and Officer Bennett led away in handcuffs? 599 00:26:48,195 --> 00:26:50,675 Officer Bennett felt it necessary to defend me. 600 00:26:51,198 --> 00:26:53,974 In each case, I feel his actions were justified. 601 00:26:54,034 --> 00:26:56,605 Are you in love with Officer Bennett, Officer Donahue? 602 00:26:59,105 --> 00:27:00,140 Yes. 603 00:27:00,207 --> 00:27:02,915 JACK: Is it fair to say that your answers here today 604 00:27:02,976 --> 00:27:05,752 are calculated to prevent him from having to go to prison? 605 00:27:05,812 --> 00:27:08,053 My answers are the truth. 606 00:27:09,349 --> 00:27:10,555 Nothing further. 607 00:27:17,290 --> 00:27:19,327 I know this is difficult, 608 00:27:19,492 --> 00:27:23,099 but I'd like you to describe the circumstances 609 00:27:23,163 --> 00:27:28,112 of your attack and rape at the hands of Rafael Alejo. 610 00:27:28,468 --> 00:27:30,004 Objection, Your Honor. 611 00:27:30,070 --> 00:27:32,016 That the rape occurred is a matter of record. 612 00:27:32,072 --> 00:27:34,018 The details of it are irrelevant 613 00:27:34,074 --> 00:27:35,951 and it can only serve to prejudice the jury 614 00:27:36,009 --> 00:27:37,044 against the murder victim. 615 00:27:37,110 --> 00:27:41,422 Your Honor, the rape was introduced into evidence by Mr. McCoy. 616 00:27:41,982 --> 00:27:42,983 The objection's overruled. 617 00:27:45,585 --> 00:27:46,859 Officer Donahue? 618 00:27:50,657 --> 00:27:52,694 Alejo said he had chest pains. 619 00:27:53,860 --> 00:27:56,534 I took him out of his cell 620 00:27:56,997 --> 00:27:58,806 and escorted him to the infirmary. 621 00:28:00,734 --> 00:28:03,908 We were on a stairwell and he collapsed. 622 00:28:05,305 --> 00:28:07,785 I thought he was having a heart attack, 623 00:28:08,141 --> 00:28:11,122 and I leaned down to check for a pulse. 624 00:28:12,679 --> 00:28:14,317 When I did so, he grabbed me, 625 00:28:15,081 --> 00:28:17,254 he overpowered me and he got my radio away from me. 626 00:28:18,618 --> 00:28:20,757 Would you describe what happened next? 627 00:28:25,992 --> 00:28:28,529 He held me down, 628 00:28:30,764 --> 00:28:31,902 he ripped my pants off, 629 00:28:33,433 --> 00:28:36,710 he took my stick and he raped me with it. 630 00:28:39,339 --> 00:28:40,750 And the whole time, 631 00:28:41,041 --> 00:28:43,078 he had this look on his face like, uh, 632 00:28:44,344 --> 00:28:46,051 like it was a practical joke. 633 00:28:48,416 --> 00:28:49,554 Like it was nothing. 634 00:28:49,917 --> 00:28:51,260 (WHIMPERING) 635 00:28:53,221 --> 00:28:56,464 Would you describe what happened in the aftermath? 636 00:28:57,191 --> 00:28:59,467 I went on disability for six months. 637 00:29:00,995 --> 00:29:03,066 The inmate was sent to solitary. 638 00:29:04,232 --> 00:29:07,008 He was tried and convicted of forcible rape. 639 00:29:07,935 --> 00:29:11,712 They added 30 years to a life sentence with no parole. 640 00:29:12,139 --> 00:29:14,847 Did you ever see the inmate subsequent to his trial? 641 00:29:15,943 --> 00:29:18,253 I saw him when they brought him down to Rikers. 642 00:29:18,312 --> 00:29:22,055 And what, if anything, did he do when he saw you? 643 00:29:22,984 --> 00:29:24,054 He winked. 644 00:29:26,921 --> 00:29:29,765 Did Officer Bennett, at any time, 645 00:29:29,824 --> 00:29:32,304 express a desire to kill the inmate? 646 00:29:32,360 --> 00:29:34,636 I was the one who wanted to kill him. 647 00:29:35,696 --> 00:29:38,472 Officer Bennett wanted me to get counseling, a different job, 648 00:29:38,532 --> 00:29:41,809 he wanted me to do anything to put it behind me. 649 00:29:43,604 --> 00:29:45,208 And at night when he would wake up 650 00:29:45,272 --> 00:29:47,252 and see me sitting there crying, 651 00:29:47,708 --> 00:29:50,484 he would get up and he would sit with me 652 00:29:50,544 --> 00:29:51,614 and he would hold me 653 00:29:53,047 --> 00:29:54,856 till I would fall asleep again. 654 00:29:57,952 --> 00:29:59,556 I have no further questions. 655 00:30:03,257 --> 00:30:05,635 JACK: Did you kill Rafael Alejo? 656 00:30:06,060 --> 00:30:07,061 Yes, I did. 657 00:30:07,361 --> 00:30:08,931 How did you kill him? 658 00:30:08,996 --> 00:30:11,476 I stabbed him in the chest with a shank. 659 00:30:11,532 --> 00:30:13,409 How did you obtain the shank? 660 00:30:13,701 --> 00:30:16,341 Officer Bennett gave it to me the night before, 661 00:30:16,404 --> 00:30:17,883 when he asked me to kill Alejo. 662 00:30:18,739 --> 00:30:22,118 Are you in the habit of killing people because you're asked to? 663 00:30:22,176 --> 00:30:23,450 No, I am not. 664 00:30:23,511 --> 00:30:24,990 Why did you do it this time? 665 00:30:25,046 --> 00:30:26,992 Officer Bennett said he'd have my son 666 00:30:27,048 --> 00:30:29,585 transferred to the correctional facility at Hudson, 667 00:30:29,650 --> 00:30:33,154 which I felt was a safer environment than where he is currently. 668 00:30:33,220 --> 00:30:35,860 Since Alejo was confined to his cell 669 00:30:36,457 --> 00:30:38,596 in a segregated housing unit, 670 00:30:40,027 --> 00:30:42,598 how were you supposed to gain access to him? 671 00:30:42,663 --> 00:30:45,940 Alejo would be in a hallway when he was being transferred to court. 672 00:30:46,567 --> 00:30:50,606 Officer Bennett would take me down the same hallway and create a diversion. 673 00:30:50,671 --> 00:30:52,207 JACK: Is that, in fact, what happened? 674 00:30:52,273 --> 00:30:53,377 Yes, it is. 675 00:30:54,008 --> 00:30:55,681 Had it not been for the defendant, 676 00:30:55,743 --> 00:30:59,088 could you have known that Alejo was present at Rikers? 677 00:30:59,146 --> 00:31:00,181 No. 678 00:31:00,815 --> 00:31:05,855 Had it not been for what the defendant agreed to do on behalf of your son, 679 00:31:06,253 --> 00:31:08,164 would you have killed Mr. Alejo? 680 00:31:08,222 --> 00:31:09,257 No. 681 00:31:10,391 --> 00:31:11,665 Nothing further. 682 00:31:14,328 --> 00:31:17,138 You and Rafael Alejo were imprisoned at Sing Sing 683 00:31:17,198 --> 00:31:18,802 at the same time, were you not? 684 00:31:19,333 --> 00:31:20,403 Yes. 685 00:31:20,468 --> 00:31:22,641 Isn't it a fact that during that time, 686 00:31:22,703 --> 00:31:26,116 you had an altercation with Alejo and threatened his life? 687 00:31:26,173 --> 00:31:27,174 Yes. 688 00:31:27,241 --> 00:31:30,688 And when you got out of solitary, was Alejo still at Sing Sing? 689 00:31:30,744 --> 00:31:31,848 No. 690 00:31:31,912 --> 00:31:34,620 So, Rikers island was your first opportunity 691 00:31:34,682 --> 00:31:36,559 to make good on your threat, wasn't it? 692 00:31:37,118 --> 00:31:40,395 I wasn't looking for an opportunity to make good on my threat. 693 00:31:42,389 --> 00:31:45,097 Why were you incarcerated at Sing Sing, Mr. Larson? 694 00:31:45,159 --> 00:31:46,729 Objection. Irrelevant. 695 00:31:46,794 --> 00:31:48,671 I think the jury is entitled to know 696 00:31:48,729 --> 00:31:50,731 the background of the witness, Your Honor. 697 00:31:50,798 --> 00:31:52,141 I'll allow it. 698 00:31:54,568 --> 00:31:56,047 I killed my wife. 699 00:31:56,103 --> 00:31:57,309 How'd you do that? 700 00:31:58,072 --> 00:31:59,176 I stabbed her. 701 00:31:59,840 --> 00:32:04,255 And on the very same day that you stabbed Mr. Alejo to death, 702 00:32:04,311 --> 00:32:06,621 you also stabbed an undercover police officer 703 00:32:06,747 --> 00:32:09,489 named Hector Diaz, isn't that right? 704 00:32:09,683 --> 00:32:12,027 He got between myself and Alejo. 705 00:32:12,086 --> 00:32:13,588 It was unavoidable. 706 00:32:13,654 --> 00:32:16,191 So it wasn't per Mr. Bennett's request? 707 00:32:16,657 --> 00:32:17,727 No. 708 00:32:18,058 --> 00:32:19,594 You threw in a freebie. 709 00:32:19,660 --> 00:32:21,640 JACK: Objection. JUDGE: Sustained. 710 00:32:22,129 --> 00:32:23,699 I have no further questions. 711 00:32:24,398 --> 00:32:25,775 Redirect, Your Honor. 712 00:32:26,634 --> 00:32:30,912 Did you tell Officer Bennett that you had had a prior altercation 713 00:32:30,971 --> 00:32:32,109 with Rafael Alejo? 714 00:32:32,173 --> 00:32:33,208 He knew. 715 00:32:33,274 --> 00:32:34,776 He said if, for some reason I got caught, 716 00:32:34,842 --> 00:32:36,583 it would look like a beef between inmates. 717 00:32:36,644 --> 00:32:39,591 Did he give you any assurances in the event that occurred? 718 00:32:39,780 --> 00:32:42,226 He said he'd stick me in the arm with a shank, 719 00:32:42,283 --> 00:32:45,321 then plant it on Alejo to make it look like self-defense. 720 00:32:45,753 --> 00:32:46,891 Is that, in fact, what he did? 721 00:32:47,121 --> 00:32:48,395 Yes, it is. 722 00:32:56,030 --> 00:32:58,909 You wouldn't last one shift at Rikers. 723 00:32:59,500 --> 00:33:00,535 No one's saying we would. 724 00:33:00,601 --> 00:33:04,549 Forget a shift. I'd like to see you make it through lunch. 725 00:33:04,872 --> 00:33:07,182 Take one tier of prisoners down to the mess hall 726 00:33:07,241 --> 00:33:09,744 and get them back into their cells without getting stabbed 727 00:33:09,810 --> 00:33:11,756 or having a riot start. 728 00:33:12,346 --> 00:33:15,418 This probably isn't a conversation we should be having here. 729 00:33:17,585 --> 00:33:19,963 And when I hear some prissy son of a bitch 730 00:33:20,020 --> 00:33:23,729 stand in judgment about what we should and should not do, 731 00:33:23,791 --> 00:33:25,964 it makes me want to put him in a cell 732 00:33:26,026 --> 00:33:29,803 with one of my 250-pound CPSU all-stars. 733 00:33:30,431 --> 00:33:35,312 I'd go home, have a hot meal, get a good night's sleep, 734 00:33:36,403 --> 00:33:37,882 and come back in the morning 735 00:33:38,239 --> 00:33:39,775 to watch them mop. 736 00:33:44,378 --> 00:33:45,948 I'll take the next one. 737 00:33:51,952 --> 00:33:54,831 GRANICK: What kind of an officer is Pete Bennett, Captain Webber? 738 00:33:55,022 --> 00:33:57,002 The kind you want to have work for you. 739 00:33:57,057 --> 00:33:58,365 He keeps his cool, 740 00:33:58,692 --> 00:34:02,139 knows how to assert his authority, dead-on dependable. 741 00:34:02,530 --> 00:34:06,569 Have you ever known Officer Bennett to pit one inmate 742 00:34:06,634 --> 00:34:10,673 against one another or use one inmate to take revenge on another? 743 00:34:10,738 --> 00:34:12,012 Objection. Leading. 744 00:34:12,072 --> 00:34:13,176 JUDGE: Sustained. 745 00:34:14,808 --> 00:34:19,314 A commendation was issued to Officer Bennett, on March 4, 1999. 746 00:34:19,380 --> 00:34:21,587 Could you tell the court what that was for? 747 00:34:22,116 --> 00:34:25,188 We had a disturbance in mod four, upper. 748 00:34:25,653 --> 00:34:28,065 And Pete, Officer Bennett, 749 00:34:28,555 --> 00:34:30,296 risked his life to rescue an inmate 750 00:34:30,357 --> 00:34:32,132 who was being attacked by gang members. 751 00:34:32,793 --> 00:34:35,239 Thank you, sir. No further questions. 752 00:34:35,362 --> 00:34:39,003 Captain Webber, you and several other corrections officers 753 00:34:39,066 --> 00:34:42,377 have testified that Mr. Bennett was a dedicated, 754 00:34:42,436 --> 00:34:45,110 conscientious, competent officer. 755 00:34:45,172 --> 00:34:46,173 That's right. 756 00:34:46,240 --> 00:34:49,813 Yet, his personnel file shows 27 complaints against him, 757 00:34:49,877 --> 00:34:52,118 none of which he was ever disciplined for. 758 00:34:52,179 --> 00:34:55,422 Making complaints is what inmates do, Mr. McCoy. 759 00:34:56,050 --> 00:34:58,326 It's their recreation. 760 00:34:58,719 --> 00:35:01,563 And by the way, 27 is nothin'. 761 00:35:03,223 --> 00:35:06,102 On July 7 of this year, was Officer Bennett involved 762 00:35:06,160 --> 00:35:08,538 in an incident with an inmate named Caldwell? 763 00:35:08,596 --> 00:35:11,202 Yeah. He pulled Caldwell off another inmate. 764 00:35:11,265 --> 00:35:14,303 Did Officer Bennett strike Caldwell with his baton? 765 00:35:14,368 --> 00:35:17,372 Whatever he did was not considered excessive. 766 00:35:17,438 --> 00:35:18,917 People's four, Your Honor. 767 00:35:19,840 --> 00:35:23,720 How long was inmate Caldwell in the infirmary following this incident? 768 00:35:24,445 --> 00:35:25,651 Two weeks. 769 00:35:27,548 --> 00:35:28,925 Nothing further. 770 00:35:30,217 --> 00:35:33,426 GRANICK: Officer Bennett, why did you become a corrections officer? 771 00:35:34,722 --> 00:35:37,396 I'd like to say I had some noble purpose in mind. 772 00:35:38,192 --> 00:35:39,330 What it was, 773 00:35:39,960 --> 00:35:41,997 I was just out of the military 774 00:35:42,062 --> 00:35:44,042 and lookin' for a secure job. 775 00:35:44,098 --> 00:35:46,135 And the Department of Corrections was hiring. 776 00:35:46,200 --> 00:35:47,645 That's how you got in. 777 00:35:47,701 --> 00:35:48,975 What made you stay there? 778 00:35:49,036 --> 00:35:50,344 I got to like it. 779 00:35:51,171 --> 00:35:52,980 I got to thinking that, uh, 780 00:35:53,040 --> 00:35:56,112 decent people deserve a barrier between themselves 781 00:35:56,176 --> 00:35:57,655 and the criminals who prey on them. 782 00:35:57,711 --> 00:35:59,782 I liked that I was part of that barrier. 783 00:35:59,847 --> 00:36:01,292 Have you ever struck an inmate? 784 00:36:01,348 --> 00:36:03,350 Yes, sir. When I've been attacked, 785 00:36:03,417 --> 00:36:06,455 or another officer or inmate has been attacked, 786 00:36:06,520 --> 00:36:07,521 I've had to respond. 787 00:36:07,588 --> 00:36:09,568 Sometimes that meant responding with force. 788 00:36:10,958 --> 00:36:13,871 Now, quite a bit has been made 789 00:36:14,228 --> 00:36:19,507 of your reaction to Mr. Alejo's rape of Officer Donahue. 790 00:36:19,733 --> 00:36:22,043 Maybe you could tell us how you felt about that. 791 00:36:25,472 --> 00:36:27,543 It's hard to put into words what I felt. 792 00:36:29,443 --> 00:36:31,320 To see someone you love 793 00:36:32,579 --> 00:36:34,058 have her life changed, 794 00:36:35,449 --> 00:36:37,520 and not because of anything she did, 795 00:36:37,585 --> 00:36:39,622 but because of something that was done to her. 796 00:36:40,220 --> 00:36:43,963 And for no reason other than this guy just felt like doing it. 797 00:36:45,025 --> 00:36:47,733 Have you ever thought of killing Rafael Alejo? 798 00:36:47,795 --> 00:36:49,001 Of course I did. 799 00:36:49,496 --> 00:36:51,874 Anyone close to a rape victim would like nothing better 800 00:36:51,932 --> 00:36:53,570 than to get their hands on the rapist. 801 00:36:53,767 --> 00:36:57,044 Well, you were working at Attica while he was still a prisoner there, 802 00:36:57,104 --> 00:36:58,515 why didn't you kill him there? 803 00:36:58,572 --> 00:37:02,043 I wouldn't have wanted to jeopardize my job, my pension. 804 00:37:02,844 --> 00:37:04,118 I didn't want to go to jail. 805 00:37:04,179 --> 00:37:06,625 And even if I could've gotten away with it, I wouldn't have. 806 00:37:06,681 --> 00:37:08,354 I've been around a lot of killers. 807 00:37:08,416 --> 00:37:10,657 It's just not something I could ever bring myself to do. 808 00:37:11,052 --> 00:37:14,124 Did you ask Judd Larson to kill Rafael Alejo? 809 00:37:14,189 --> 00:37:15,224 I did not. 810 00:37:15,290 --> 00:37:16,963 Did you give him a weapon? I did not. 811 00:37:17,025 --> 00:37:18,470 Did you create a diversion, 812 00:37:18,526 --> 00:37:21,132 so that he'd have an opportunity to kill Rafael Alejo? 813 00:37:21,196 --> 00:37:22,368 I did not. 814 00:37:22,430 --> 00:37:24,171 Thank you, Officer Bennett. 815 00:37:30,472 --> 00:37:34,921 Did you have any conversation with Judd Larson while he was at Rikers? 816 00:37:34,976 --> 00:37:36,614 BENNETT: We talked about the Mets. 817 00:37:37,112 --> 00:37:39,820 He complained about having to share a cell, that was about it. 818 00:37:39,881 --> 00:37:42,953 Larson didn't tell you about his concern for his son? 819 00:37:43,284 --> 00:37:44,285 No. 820 00:37:44,352 --> 00:37:46,662 The name Rafael Alejo never came up? 821 00:37:46,721 --> 00:37:47,722 Did not. 822 00:37:47,789 --> 00:37:51,965 You did escort Mr. Larson from the segregation unit 823 00:37:52,026 --> 00:37:53,528 to the visit room, did you not? 824 00:37:53,595 --> 00:37:54,596 Yes, I did. 825 00:37:54,663 --> 00:37:58,338 No doubt you searched him before you left the segregation unit. 826 00:37:58,600 --> 00:37:59,601 I did. 827 00:37:59,667 --> 00:38:02,671 And obviously you did not recover any weapon. 828 00:38:02,737 --> 00:38:03,909 Right. 829 00:38:05,173 --> 00:38:06,846 How do you imagine 830 00:38:07,475 --> 00:38:09,785 Larson managed to have a weapon on him 831 00:38:09,844 --> 00:38:11,915 by the time he ran into Alejo? 832 00:38:12,280 --> 00:38:14,260 My guess is someone passed it to him. 833 00:38:14,315 --> 00:38:16,352 You didn't see someone pass it to him? 834 00:38:16,418 --> 00:38:18,295 If I did, I would've done something about it. 835 00:38:18,353 --> 00:38:22,529 Nor did you recover any weapon from him after the fact. 836 00:38:22,590 --> 00:38:24,467 As I told my supervisor, 837 00:38:24,526 --> 00:38:26,233 I patted Mr. Larson down. 838 00:38:26,294 --> 00:38:27,864 I did not strip search him. 839 00:38:28,196 --> 00:38:29,971 At the time, I thought it was more important 840 00:38:30,031 --> 00:38:32,739 to get him out of the area and locked down in his cell. 841 00:38:33,001 --> 00:38:34,776 So, Mr. Larson was lying. 842 00:38:34,836 --> 00:38:37,112 Yeah. Yeah, he is. 843 00:38:37,172 --> 00:38:40,915 And the testimony that we heard about you creating a diversion 844 00:38:40,975 --> 00:38:43,956 that allowed Larson to get to Alejo, that was a lie. 845 00:38:44,012 --> 00:38:45,013 Yes, it was. 846 00:38:45,080 --> 00:38:49,392 You requested to escort Larson, did you not, Officer Bennett? 847 00:38:49,451 --> 00:38:51,192 I wouldn't call it a request. 848 00:38:52,087 --> 00:38:55,728 Officer McNaught was busy with something and I offered to take care of it. 849 00:38:55,790 --> 00:38:58,270 That kind of thing happens a dozen times a day. 850 00:38:58,326 --> 00:39:00,033 You still seeing Officer Donahue? 851 00:39:00,595 --> 00:39:01,835 Yes, I am. 852 00:39:01,896 --> 00:39:03,375 Any plans for the future? 853 00:39:03,431 --> 00:39:04,637 Objection. Irrelevant. 854 00:39:04,699 --> 00:39:05,905 JUDGE: I'll allow it. 855 00:39:06,634 --> 00:39:09,581 As soon as our divorces are final, we plan to get married. 856 00:39:10,705 --> 00:39:12,981 Would you say that her being raped 857 00:39:13,041 --> 00:39:15,578 has taken atoll on your relationship? 858 00:39:15,643 --> 00:39:17,748 Officer Donahue was dealing with it. 859 00:39:17,812 --> 00:39:20,122 I'd like to think that I was helping her to deal with it. 860 00:39:20,181 --> 00:39:23,025 This is the rest of your lives we're talking about. 861 00:39:23,585 --> 00:39:26,930 You and Officer Donahue retire, 862 00:39:26,988 --> 00:39:30,458 you put the stink of prisons behind you, 863 00:39:30,825 --> 00:39:34,466 didn't you want to put Rafael Alejo behind you as well? 864 00:39:34,529 --> 00:39:36,304 Yes! Of course I did! 865 00:39:38,600 --> 00:39:39,635 (SIGHS) 866 00:39:40,368 --> 00:39:43,577 For 17 years I've been locked up with these mutts! 867 00:39:43,638 --> 00:39:45,413 After 17 years, 868 00:39:45,473 --> 00:39:50,149 wasn't it worth the life of one of them to get a little closure? 869 00:39:50,211 --> 00:39:52,953 To not have to wake up in the middle of the night 870 00:39:53,014 --> 00:39:55,688 and see the woman you love sitting up crying? 871 00:39:55,750 --> 00:39:56,751 Your Honor, this... 872 00:40:04,626 --> 00:40:06,105 I believe it's wrong 873 00:40:06,494 --> 00:40:08,997 to take the life of another human being, sir. 874 00:40:09,063 --> 00:40:13,034 I wouldn't do that under any circumstances. 875 00:40:15,036 --> 00:40:16,208 JACK: The evidence means nothing. 876 00:40:17,005 --> 00:40:18,609 The jury'll ignore everything 877 00:40:18,673 --> 00:40:20,448 and just compare Bennett to Alejo. 878 00:40:21,109 --> 00:40:22,782 Guess who comes up short. 879 00:40:23,544 --> 00:40:26,115 Well, I could say that the jury is duty-bound 880 00:40:26,181 --> 00:40:27,819 not to ignore everything. 881 00:40:28,583 --> 00:40:29,926 Yeah, you could. 882 00:40:31,786 --> 00:40:33,163 I think we're whipped. 883 00:40:38,126 --> 00:40:39,696 GRANICK: Here's what we have, ladies and gentlemen. 884 00:40:40,395 --> 00:40:42,432 On one side, Peter Bennett, 885 00:40:42,997 --> 00:40:46,467 a dedicated and experienced corrections officer, 886 00:40:46,901 --> 00:40:49,313 a man who has spent his career 887 00:40:49,370 --> 00:40:51,247 safeguarding you and your families 888 00:40:51,306 --> 00:40:53,752 from the worst society has to offer. 889 00:40:54,576 --> 00:40:56,055 On the other side, 890 00:40:56,644 --> 00:41:00,217 Judd Larson, one of the very worst. 891 00:41:00,581 --> 00:41:03,994 A man who murdered his wife by stabbing her to death, 892 00:41:04,052 --> 00:41:07,226 murdered a man in a bar fight by stabbing him to death 893 00:41:07,288 --> 00:41:12,101 and murdered Rafael Alejo by stabbing him to death as well. 894 00:41:12,493 --> 00:41:15,599 This convicted murderer has said that he never 895 00:41:15,663 --> 00:41:17,643 would have killed his latest victim 896 00:41:17,966 --> 00:41:20,173 had not Officer Bennett asked him to. 897 00:41:22,570 --> 00:41:25,710 Now, if you have the slightest notion 898 00:41:25,773 --> 00:41:28,777 that the good Mr. Larson might be telling the truth, 899 00:41:28,843 --> 00:41:30,516 remind yourselves 900 00:41:30,578 --> 00:41:33,525 that his testimony is bought and paid for, 901 00:41:33,581 --> 00:41:35,458 compliments of the District Attorney, 902 00:41:35,516 --> 00:41:37,860 with a sweetheart plea bargain 903 00:41:37,919 --> 00:41:41,526 and a transfer for Mr. Larson's convict son. 904 00:41:42,323 --> 00:41:43,734 Now, who are you gonna believe? 905 00:41:44,325 --> 00:41:47,033 Because if you strip Judd Larson from the People's case, 906 00:41:47,095 --> 00:41:48,540 they've got nothing. 907 00:41:49,097 --> 00:41:51,407 Maybe you should dock Officer Bennett 908 00:41:51,466 --> 00:41:56,472 a couple of vacation days for shortcutting regulation procedures, 909 00:41:56,537 --> 00:41:59,074 because that's all that the prosecution has proven. 910 00:41:59,240 --> 00:42:00,548 My recommendation? 911 00:42:01,409 --> 00:42:03,446 Send him back to his job 912 00:42:03,511 --> 00:42:05,047 and put a medal on his chest. 913 00:42:06,347 --> 00:42:07,348 Thank you. 914 00:42:19,994 --> 00:42:23,532 I'm not gonna stand here and defend Judd Larson, 915 00:42:24,599 --> 00:42:26,476 or for that matter, Rafael Alejo. 916 00:42:28,035 --> 00:42:30,174 If the character of either one of them 917 00:42:30,238 --> 00:42:31,876 is what you base your verdict on, 918 00:42:31,939 --> 00:42:33,612 we've all been wasting our time here. 919 00:42:33,975 --> 00:42:37,184 We should have, as Mr. Granick suggested, 920 00:42:37,412 --> 00:42:40,416 pinned a medal on the defendant and called it a day. 921 00:42:40,481 --> 00:42:42,961 The problem is, if we do that, 922 00:42:43,818 --> 00:42:45,456 we're not doing our job. 923 00:42:46,120 --> 00:42:49,067 We're disregarding our oath because it's easy. 924 00:42:49,123 --> 00:42:53,333 Because it's hard to punish someone who's avenging a rape, 925 00:42:53,394 --> 00:42:56,773 even though this was not a crime 926 00:42:57,031 --> 00:42:58,977 committed in the heat of passion, 927 00:42:59,634 --> 00:43:02,444 but planned and calculated over time. 928 00:43:02,704 --> 00:43:05,810 Even though it's our job 929 00:43:06,541 --> 00:43:11,786 to make the punishment fit the crime and not the nature of the victim. 930 00:43:13,247 --> 00:43:16,456 When I say Judd Larson should be believed, 931 00:43:17,719 --> 00:43:20,029 it's not because he's a good guy. 932 00:43:20,321 --> 00:43:24,770 It's because his testimony is corroborated by every shred of evidence 933 00:43:24,826 --> 00:43:26,066 we've presented here. 934 00:43:26,194 --> 00:43:30,108 Just as it's corroborated by what every one of you knows. 935 00:43:30,865 --> 00:43:35,541 The defendant wanted Rafael Alejo dead. 936 00:43:37,338 --> 00:43:40,444 Mr. Granick suggests Mr. Alejo's life 937 00:43:40,875 --> 00:43:42,616 is not worth caring about, 938 00:43:42,977 --> 00:43:46,083 let alone sending someone to prison over, 939 00:43:46,814 --> 00:43:47,986 but he's wrong. 940 00:43:48,950 --> 00:43:55,629 If you allow the rule of law to stop at the wall of a prison, 941 00:43:56,190 --> 00:43:58,329 you've allowed it to stop everywhere. 942 00:43:59,427 --> 00:44:02,271 The streets of New York will be no better 943 00:44:02,830 --> 00:44:04,639 than the cell blocks of Rikers. 944 00:44:11,339 --> 00:44:13,945 Madam Foreperson, has the jury reached a verdict? 945 00:44:14,008 --> 00:44:17,717 Yes, Your Honor. As to the sole count of the indictment, 946 00:44:17,779 --> 00:44:21,386 the jury finds the defendant, Peter Bennett, not guilty. 947 00:44:21,449 --> 00:44:22,792 (PEOPLE CHEERING) 948 00:44:23,684 --> 00:44:24,754 Yes! 949 00:44:27,588 --> 00:44:28,828 (PEOPLE CHATTERING) 950 00:44:39,000 --> 00:44:40,502 People v. Bennett? 951 00:44:40,835 --> 00:44:43,441 All packed up and headed for central files. 952 00:44:43,504 --> 00:44:45,609 File it under jury nullification. 953 00:44:46,307 --> 00:44:47,877 Texas law in Manhattan. 954 00:44:47,942 --> 00:44:49,478 They tried the victim. 955 00:44:50,044 --> 00:44:52,456 And made a badge for license to kill.