(male announcer) IN THE CRIMINAL JUSTICE SYSTEM,
THE PEOPLE ARE REPRESENTED BY TWO SEPARATE
YET EQUALLY IMPORTANT GROUPS--
THE POLICE WHO INVESTIGATE CRIME
AND THE DISTRICT ATTORNEYS WHO PROSECUTE THE OFFENDERS.
THESE ARE THEIR STORIES.
THAT WAS PRETTY DECENT. YEAH.
WELL, I CAN'T WAIT TO SEE YOU IN ACTION.
OKAY.
SO LET'S DO THIS.
[phone ringing]
HAUSER, ARE YOU WORKING MDX?
YEAH.
DO YOU SEE WHAT'S HAPPENING?
YOU STILL WANT THOSE PUTS AT 38?
NO, UH...
SCRATCH THE TICKET.
TODD, YOU LOOK LIKE HELL, MAN.
ARE YOU OKAY?
YEAH.
JUST STAY AWAY FROM THAT FALAFEL GUY ON WATER STREET.
ALL RIGHT.
OH.
CAUSE OF DEATH WAS CATASTROPHIC INTERNAL BLEEDING.
HE STAGGERED IN A LITTLE AFTER 4:00,
VOMITED AT THE ADMISSIONS WINDOW AND COLLAPSED.
HIS VITALS HAD FLATLINED
BY THE TIME WE GOT HIM ON THE TABLE.
THAT BRUISING'S FRESH.
AND HIS FOREARMS ARE SWOLLEN.
(Bernard) PROBABLY FROM DEFENDING HIMSELF
FROM WHOEVER BEAT THE CRAP OUTTA HIM.
EXPENSIVE SHOES, NICE SHIRT.
FLIP HIM.
BACK OF HIS SHIRT AND THE SEAT OF HIS PANTS
ARE ALL TORN UP.
WHOEVER KICKED HIS ASS HAD HIM DOWN ON THE GROUND.
BUT NOT A MARK ON HIS FACE.
THEY DIDN'T WANT IT TO BE OBVIOUS.
TODD HAUSER.
ADDRESS ON RIVINGTON.
HE WORKED AT WASSERMAN GARDNER.
A STOCKBROKER BEATEN TO DEATH
IN THE MIDDLE OF A WORK DAY?
IN THIS ECONOMY,
THIS IS THE KINDA THING THAT MIGHT CATCH ON.
[dramatic music]
*
TODD WAS HUNCHED OVER HIS DESK ALL AFTERNOON YESTERDAY,
HOLDING HIS STOMACH.
WHEN I ASKED IF HE WAS OKAY, HE JUST SAID
KEEP AWAY FROM THE FALAFEL CART ON WATER STREET.
THOUGHT YOU GUYS NEVER LEAVE YOUR DESK
WHEN THE MARKET'S OPEN.
WE DON'T.
TODD SNUCK OUT AT LUNCH.
HE WAS CARRYING ROLLERBLADES.
I THOUGHT HE WENT BLADING.
WE PLAY IN A STREET HOCKEY LEAGUE ON SATURDAYS.
TRUST ME, THIS WAS NO BLADING ACCIDENT.
IF SOMEBODY HURT HIM, TODD WOULD HAVE TOLD ME.
DID HE HAVE ANY OTHER PASTIMES,
DRUGS, GAMBLING?
NO.
ARE THESE THE SKATES YOU SAW HIM WITH?
YES.
THESE WHEELS ARE BRAND-NEW.
TRIANGLE BOARD AND SKATE SHOP OFF UNION SQUARE.
HE BROUGHT IN HIS SKATES YESTERDAY.
HE WANTED MORE TRACTION,
SO WE SWAPPED OUT HIS WHEELS FOR 82As.
OKAY, WHAT DID HE LOOK LIKE WHEN HE CAME IN?
WHEN HE DROPPED OFF THE SKATES OR WHEN HE CAME BACK?
WE'LL TAKE BOTH.
THE FIRST TIME, HE WAS FINE.
BUT HE CAME BACK LIKE AN HOUR LATER,
AND, MAN, HE WAS DRAGGING ASS.
HIS GIRLFRIEND BROUGHT HIM SOME COLD PACKS.
HIS GIRLFRIEND, WHAT DID SHE LOOK LIKE?
SHE WAS ASIAN.
SHE'S HOT.
I DON'T KNOW HER NAME,
BUT SHE ALWAYS WEARS A PIXIES T-SHIRT.
SO YOU'VE SEEN HER BEFORE.
A FEW TIMES OVER ON THE SQUARE,
HANDIN' OUT COMPS FOR THE GRAND STREET BALLROOM.
HE HIT ON ME IN UNION SQUARE YESTERDAY.
WE HUNG OUT A LITTLE, BUT I'M NOT HIS GIRLFRIEND.
HE'S NOT MY TYPE.
WELL, YOU LIKED HIM ENOUGH TO BUY HIM COLD PACKS
AT THE SKATE SHOP.
OH, THAT? IT WAS THE LEAST I COULD DO.
HE TRIPPED OVER ONE OF THOSE METAL THINGS,
YOU KNOW, THAT THEY PUT AROUND THE TREES.
NO KIDDING?
SO HE DID ALL OF THIS FALLING OVER
ONE OF THOSE LITTLE METAL THINGS?
OH, GOD. WHAT'S WRONG WITH HIM?
HE'S DEAD.
SOMEBODY BEAT THE LIVING DAYLIGHTS OUT OF HIM.
WELL, I DON'T KNOW ANYTHING ABOUT THAT.
LOOK, I GOTTA GO. I'M GONNA BE LATE FOR CLASS.
WHOA, WHOA, WHOA.
WHAT DID YOU TAKE MY PICTURE FOR?
IN CASE YOU LIED TO US, DONNA.
WE'LL NEED IT FOR THE WANTED POSTER.
LOOK, PIXIES T-SHIRT AND ALL.
(Van Buren) WANTED POSTER? THAT'S A NEW ONE.
THE GIRL CHECKED OUT. NO BEEFS WITH THE LAW.
LIVES IN A DORM AT NYU,
MAJOR IN VICTORIAN LITERATURE.
WITH A MINOR IN LYING.
FIND SOME HOOK INTO THAT GIRL AND BRING HER BACK IN.
SORTING THROUGH YOUR PHOTO COLLECTION?
YEAH, NO, THIS IS TODD HAUSER'S BLACKBERRY.
CCS BROKE THE PASSWORD.
CHECK OUT THIS EMAIL BLAST HE GOT THIS MORNING.
"IT'S ON. UNION SQUARE.
3:00 P.M."
UNION SQUARE?
THAT'S WHERE TODD'S TROUBLES STARTED.
YEAH, THIS MESSAGE WAS CC'd
TO A COUPLE DOZEN PEOPLE.
YEAH, INCLUDING HER.
SURFER ROSA.
RIGHT THERE.
IT'S A PIXIES ALBUM.
YEAH, THE GIRL WAS WEARING A PIXIES T-SHIRT.
WELL, WHATEVER'S ON AT 3:00 P.M.,
THE GIRL'S A PART OF IT.
YOU'VE GOT 20 MINUTES TO GET TO UNION SQUARE.
FEELS LIKE SOMETHING'S ABOUT TO GO DOWN.
YEAH.
(man) YO, HERE WE GO!
SHOWTIME!
ALL RIGHT, KEEP THOSE PUNCHES DOWN.
NO SHOTS TO THE FACE.
BANG, GET IT ON. EXCUSE ME.
[cheering and shouting]
STREET FIGHTING WITH A REFEREE.
YEAH.
MAYBE THIS IS HOW TODD GOT HIS ASS KICKED.
LOOK AT THIS OVER HERE, MAN.
[cheering]
COME ON! HIT HIM HARDER!
OH, LOOK, IT'S OUR FRIEND.
I SEE.
[cheering and shouting]
COME ON, MAN.
ABOVE THE WAIST, NOTHING TO THE FACE.
THAT'S WHAT I TOLD YOU. YOU ALL RIGHT?
WE GOTTA STOP THIS. YEAH.
ARE YOU SURE? YOU SURE? YOU SURE?
HEY.
YOU GONNA DO YOUR JOB?
OH, YEAH, SORRY.
WELL, HOOK 'EM BOTH UP.
FOR WHAT?
JUST DO IT.
ALL RIGHT, ALL RIGHT, LET'S GO, LET'S GO.
HEY, HEY, HEY, HEY. COME ON, MAN.
(referee) THIS AIN'T FAIR NOW. THEY BOTH WANNA FIGHT.
YOU TOO, DON KING, COME ON.
YOU'RE COMING WITH US.
AREN'T YOU SUPPOSED TO BE IN CLASS?
LET'S GO. LET'S TAKE A RIDE.
WE GOT RULES.
NO HEAD OR FACE SHOTS.
NOTHING TO THE GROIN AREA.
IF YOU'RE SOME KIND OF PRO OR YOU GOT TRAINING,
YOU GOTTA TELL.
WHAT'S IN IT FOR YOU?
I GIVE LESSONS TO SOME OF THE YOUNGER DUDES.
AND THESE LESSONS, THEY DON'T COME FOR FREE?
YOU GOT A PROBLEM WITH CAPITALISM,
MOVE TO CUBA.
WE GOT A PROBLEM WHEN SOMEBODY GETS BEAT TO DEATH.
YOU RECOGNIZE HIM?
YEAH.
YEAH, HE WAS OUT THERE ON TUESDAY.
GOT WHOOPED BIG TIME.
BY WHO?
NOBODY GIVES THEIR NAME.
I DIDN'T MEAN TO LIE.
I JUST DIDN'T WANT TO GET IN TROUBLE.
YEAH, WELL, YOU ARE IN TROUBLE.
SO WHY DON'T YOU TELL US WHAT HAPPENED.
YOU KNOW, I THINK SHE LIKED WATCHING TODD
GET THE LIFE BEAT OUT OF HIM.
NO WAY, I DIDN'T--
AND THE GUY WHO KILLED HIM IS HER BOYFRIEND.
THAT'S INSANE.
NO, NO, I LIKE THE SOUND OF THIS.
YOU LIKED WATCHING YOUR MAN KILL SOMEONE, DIDN'T YOU?
IN FACT, YOU PROBABLY
SET THE WHOLE THING UP.
YEAH, SHE PROBABLY PLAYED TODD, MADE HIM FIGHT.
UNLESS YOU WANT A CHARGE
OF CONSPIRACY TO COMMIT ASSAULT,
YOU BETTER HELP US FIND THIS PERSON.
OKAY.
I THINK I SAW HIM IN ONE OF THE VIDEOS.
ON THE INTERNET?
[grunting and cheering]
[crowd ohhs]
YEAH, THIS IS A GOOD ONE.
WATCH WHAT HAPPENS.
[crowd groaning]
DID YOU SEE THAT?
HE PUKED.
YOU SHOULD SEE ABOUT GETTING SOME COUNSELING.
(Lupo) IS HE THE GUY WE'RE LOOKING FOR?
NO.
MAYBE THE NEXT ONE.
[cheering and shouting]
OH, WAIT, THAT'S HIM.
(Bernard) WHICH ONE?
UH, HIM.
WITH THE HARD HAT.
(Van Buren) CONSTRUCTION WORKERS ON BREAK.
BUT THEY CAN'T BE MORE THAN A FEW BLOCKS FROM THE SQUARE.
WHATEVER HAPPENED
TO JUST WATCHING PRETTY LADIES WALK BY?
(man) YOU'RE LOOKING FOR VINCE.
HE'S THE GUY WORKING THAT STEEL OVER THERE.
THANKS.
HEY, VINCE.
I'M DETECTIVE LUPO.
THIS IS DETECTIVE BERNARD.
WE'D LIKE TO TALK TO YOU FOR A SECOND.
WHAT'S UP, FELLAS?
YOU KNOW HIM?
YEAH, WE MIXED IT UP IN UNION SQUARE A FEW DAYS AGO.
IS THAT YUPPIE DIP TRYING TO PRESS CHARGES OR SOMETHING?
NO, YOU BEAT HIM TILL HIS KIDNEYS BURST.
MAYBE YOU WANT TO PAY A FINE.
HEY, HE CHALLENGED ME.
COME ON, THIS IS BULL, AND YOU KNOW IT.
OH, YEAH? THAT'S YOUR OPINION.
US, WE'RE CHARGING YOU WITH MURDER.
MURDER? WHAT--NO WAY.
YEAH, WE'LL SHOW YOU THE AUTOPSY PICTURES.
YOU CAN ORDER A SET FOR YOUR SCRAPBOOK.
RALPH.
LARRY.
YOU SEE WHAT'S GOING ON?
THEY'RE ARRESTING ME FOR FIGHTING THAT GUY.
MY BUDDIES AREN'T GONNA LET THIS GO.
LUPO AND "BERNANDO."
REMEMBER THOSE NAMES, RALPH.
BERNARD. LUPO AND BERNARD.
WHY IS EVERYBODY SO HOSTILE?
YOU GOT THE GUY, RIGHT?
THIS GUY VINCE FONSELLA, THAT'S WHAT WE HEARD.
YOU'RE CHARGING HIM WITH MURDER?
WELL, WE'RE STILL SORTING THAT OUT.
WHAT'S TO SORT OUT?
LOOK, I'M SORRY,
MR. HAUSER, ABOUT YOUR BROTHER.
BUT THE FACT OF THE MATTER IS THAT HE CONSENTED
TO THE FIGHT.
HE DIDN'T CONSENT TO BE KILLED.
DO YOU BELIEVE THIS?
THEY'RE BLAMING TODD.
WE HEARD THIS VINCE GUY, HE KEPT BEATING ON TODD
EVEN AFTER TODD TAPPED OUT.
TAPPED OUT?
SURRENDERED.
IT'S SUPPOSED TO END THE FIGHT.
ALL RIGHT, MR. HAUSER,
YOU'RE NOT IN YOUR FIREHOUSE.
WHERE DID YOU HEAR HE TAPPED OUT?
THE INTERNET.
SOMEBODY POSTED A COMMENT
WHERE THEY HAVE FIGHT VIDEOS.
WELL, WE'LL LOOK INTO THAT.
YEAH, YEAH, THAT'S GREAT.
YOU DO THAT.
(Lupo) BUT IF TODD TAPPED OUT, HE WITHDREW HIS CONSENT.
THAT UPS THE CHARGE TO SECOND-DEGREE ASSAULT,
MAYBE MURDER.
THOSE LAW CLASSES ARE PAYING OFF.
WE STILL NEED A WITNESS TO CORROBORATE.
WELL, THE COMMENTS WERE POSTED ON THE INTERNET ANONYMOUSLY.
IF YOU CAN SUBPOENA THE ISP--
SURE, AND MAYBE I'LL GET THEM THREE MONTHS FROM NOW,
BUT I HAVE TO ARRAIGN VINCE FONSELLA WITHIN 24 HOURS.
SO I NEED YOU GUYS TO DIG UP EVERYTHING YOU CAN BY THEN.
ANYTHING WE GET, YOU GET.
AND NEXT TIME BEFORE YOU ARREST SOMEONE
TRY BRINGING THE BALL FORWARD A LITTLE MORE.
I DON'T LIKE PLAYING CATCH-UP.
(clerk) DOCKET NUMBER 08863.
PEOPLE V. VINCENT FONSELLA.
ASSAULT IN THE THIRD DEGREE, DISORDERLY CONDUCT.
(Sean) ASSAULT?
HE KILLED MY BROTHER.
OH, COME ON. SIT DOWN!
(Judge Chase) QUIET!
[overlapping shouting]
QUIET!
[bangs gavel]
HOW DO YOU PLEAD, MR. FONSELLA?
NOT GUILTY.
THE VICTIM CHALLENGED MY CLIENT TO A FIGHT.
THIS WAS MUTUAL COMBAT, A SPORTING EVENT.
YOUR HONOR, THE PEOPLE REQUEST REMAND.
FOR A MISDEMEANOR ASSAULT?
MR. FONSELLA RESIDES WITH HIS WIFE AND CHILDREN.
HE'S HAD THE SAME JOB FOR SEVEN YEARS.
PENDING WITNESS CONFIRMATION, WE EXPECT TO INDICT FOR MURDER.
I DON'T SEE A MURDER CHARGE ON THIS PIECE OF PAPER
IN FRONT OF ME RIGHT NOW.
CROSS YOUR Ts
BEFORE YOU GET HERE, MISS RUBIROSA.
THE DEFENDANT IS RELEASED
ON HIS OWN RECOGNIZANCE.
ALL RIGHT, VINCE, YES! ALL RIGHT, BUDDY.
NO, HEY, YOU CAN'T LET HIM GO.
HEY, SAY SOMETHING, LADY!
DO YOUR JOB, HUH!
[overlapping shouting]
GET THEM ALL OUTTA HERE!
[banging gavel]
GET 'EM OUT!
[overlapping shouting]
THE BIG GUY TACKLED TODD TO THE GROUND.
HE WAS ON TOP OF HIM.
I COULDN'T SEE WHAT TODD WAS DOING.
I DON'T KNOW WHAT YOU WANT FROM ME.
WHAT, YOU WANT ME TO SAY HE TAPPED OUT?
WE WANT THE TRUTH.
I AM TELLING THE TRUTH.
THEY WERE BLOCKING MY VIEW.
AND YOU, THE FIGHT JUNKIE,
YOU DIDN'T MOVE TO GET A BETTER LOOK?
ALL RIGHT, PUT HER IN HOLDING
WHILE I TALK TO THE D.A. ABOUT OBSTRUCTION.
NO, NO, NO, PLEASE.
JUST LET ME THINK.
SO YOU WERE STANDING BEHIND VINCE'S BUDDIES.
MAYBE THEY SAID SOMETHING.
WELL, THEY DIDN'T SAY ANYTHING ABOUT TODD TAPPING OUT.
ONE OF THEM JUST SAID THAT
HE PULLED A ROBERTO SOMETHING.
A ROBERTO DURAN?
YEAH, HE SAID TODD PULLED A ROBERTO DURAN.
"NO MAS, NO MAS."
HE GAVE UP.
SOUNDS LIKE SOMEBODY SAW HIM TAP OUT.
WHO SAID THIS ABOUT TODD?
AN ITALIAN GUY.
LONG HAIR.
I NEVER SAID NOTHING ABOUT ROBERTO DURAN.
HEY, YOU KNOW WHAT, YOU ALREADY GOT VINCE,
SO WHY ARE YOU HARASSING US?
BECAUSE THE GUY VINCE KILLED
WAS TRYING TO TAP OUT OF THE FIGHT,
AND YOU ALL SAW IT.
COME ON, GUYS.
WHATEVER HAPPENED TO, YOU KNOW,
PLAYING BY THE RULES?
HEY, NOBODY SAW A TAP-OUT.
[loud bang]
ALL RIGHT,
CONSTRUCTION SITE'S A DANGEROUS PLACE.
YOU AND YOUR GIRLFRIEND MIGHT WANT TO TAKE OFF.
I GOT NOTHING TO SAY.
"DO UNTO OTHERS."
YOU WIND UP DEAD,
YOU WANT SOMEONE TO SPEAK OUT, RIGHT?
I AIN'T NO MARTYR. I GOT A FAMILY.
VINCE'S COUSIN OWNS THIS OUTFIT.
I SNITCH, I WON'T BE WORKING.
THEN DON'T SNITCH THEN.
JUST LET US KNOW IF WE'RE ON THE RIGHT TRACK
WITH THIS TAP-OUT.
VINCE SAW THE TAP-OUT.
HE SAID HE JUST WANTED TO GET IN A FEW LAST SHOTS
BEFORE THE REF STOPPED THE FIGHT.
WHOA, WHOA, WAIT, WAIT.
THE REF DIDN'T STOP THE FIGHT?
HE WAS BUSY RAPPING TO SOME GIRLS.
VINCE JUST KEPT WAILING ON THAT GUY.
PUT ME IN COURT, I'LL DENY IT.
(Gates) I ASSUME THIS MEETING MEANS
THAT YOU'VE COME BEGGING FOR A DEAL.
WE DON'T NEED TO BEG.
THE WITNESS SAYS TODD HAUSER TAPPED OUT.
I KNOW 20 GUYS WHO SAY HE DIDN'T.
OUT WITNESS ALSO SAID YOU SAW THE TAP-OUT
BUT CONTINUED THE ASSAULT.
WE'RE OFFERING YOUR CLIENT MAN ONE.
NOT A CHANCE.
THIS WAS A CONSENSUAL COMPETITION
BETWEEN TWO AMATEURS.
WELL, ON THE OTHER HAND, MR. GATES,
I'M A PROFESSIONAL.
AND IF YOU INSIST ON GOING TO TRIAL,
I'LL ASK FOR 20 YEARS.
[whispers]
CRIMINALLY NEGLIGENT HOMICIDE.
[crowd cheering]
(McCoy) MY FATHER USED TO TALK ABOUT
THE BARE-KNUCKLED STREET FIGHTS DURING THE DEPRESSION.
BUT THEY WERE FIGHTING
FOR MONEY TO FEED THEIR FAMILIES.
AND THESE GUYS ARE FEEDING THEIR EGOS.
WITH POLICE OFFICERS
CHEERING THEM ON FROM THE SIDELINES.
COMMAND'S EXCUSE IS THAT
BECAUSE THE FIGHTS ARE CONSENSUAL
ALL THEY CAN DO IS ISSUE TICKETS
FOR DISORDERLY CONDUCT.
IF THE POLICE WON'T SHUT THIS DOWN, WE WILL.
WE NEED TO MAKE AN EXAMPLE.
EXCEPT THE VICTIM IN THIS CASE
DID CHALLENGE THE DEFENDANT TO A FIGHT.
BUT THEN HE THREW IN THE TOWEL.
ISN'T THAT WHAT YOUR WITNESS SAID?
WE USED THE WITNESS THE LEVERAGE THE PLEA,
BUT HE WON'T TESTIFY.
ANYWAY, BETWEEN THE SPECTATORS
AND THE GIRL WHO EGGED ON TODD HAUSER,
THERE'S ENOUGH BLAME HERE TO GO AROUND.
THAT'S A FINE MEALY-MOUTHED SENTIMENT.
IF NEGLIGENT HOMICIDE
IS THE BEST YOU CAN DO,
TAKE IT.
BUT MAKE SURE MR. FONSELLA DOES JAIL TIME.
(Lupo) BERNARD.
CHECK THIS OUT.
FONSELLA'S HIGH SCHOOL YEARBOOK.
VINCENT FONSELLA WAS IN THE GOLDEN GLOVES BOXING CLUB
AT HIS HIGH SCHOOL.
UNDEFEATED HIS SENIOR YEAR.
SOMETHING FONSELLA FORGOT TO TELL HAUSER.
DEAL IS IF YOU'RE A TRAINED FIGHTER,
YOU'RE SUPPOSED TO TELL THE OTHER GUY.
HOW THE HELL DID YOU MISS THIS?
I THOUGHT YOU'D BE HAPPY WE FOUND IT.
WE GAVE FONSELLA A PLEA ON THE ASSUMPTION
HE WAS UNTRAINED.
THIS--THIS MAKES HIM LIABLE FOR SECOND-DEGREE MURDER
INSTEAD OF THE SLAP ON THE WRIST WE AGREED TO.
(Cutter) THIS PLEA WAS PREDICATED
ON THE BELIEF THAT THE FIGHT WAS CONSENSUAL.
SINCE THE DEFENDANT MISREPRESENTED HIS SKILL LEVEL,
THE VICTIM'S CONSENT WAS FRAUDULENTLY OBTAINED.
WE'RE MOVING TO VOID THE PLEA AGREEMENT.
TODD HAUSER PLAYED COLLEGE HOCKEY.
HE WASN'T A PUSHOVER.
I AGREE.
IN THE STREET, YOU TAKE YOUR OPPONENT AS YOU FIND HIM.
SINCE THE DEFENDANT KNEW THAT HE'D DO HARM
TO MR. HAUSER, HE CAN'T PLEAD TO NEGLIGENCE.
I'M NOT CLOGGING MY CALENDAR
BECAUSE THE DA's OFFICE DIDN'T DO ITS HOMEWORK.
THE COURT ACCEPTS THE DEFENDANT'S PLEA
TO NEGLIGENT HOMICIDE.
(Cutter) OVER OUR OBJECTION.
(Judge Gerard) SO NOTED.
PEOPLE WILL BE REQUESTING THE MAXIMUM, FOUR YEARS.
DON'T GET YOUR HOPES UP, MR. CUTTER.
I'M LEANING AGAINST GIVING JAIL TIME.
NEGLIGENT HOMICIDE?
WHAT THE HELL IS THAT?
TODD HAUSER'S BROTHER.
MR. HAUSER, THE CASE ISN'T OVER YET.
OH, THAT'S NOT WHAT THE JUDGE SAID.
YOU GUYS SCREWED UP.
I UNDERSTAND HOW YOU FEEL.
UNDERSTAND--
MY KID BROTHER
WAS LYING WITH HIS FACE ON THE PAVEMENT,
HIS GUTS FILLING UP WITH BLOOD,
GETTING BEAT TO DEATH WHILE PEOPLE CHEERED.
AND THE ANIMAL THAT DID IT TO HIM IS GONNA WALK
BECAUSE OF YOU.
PROBATION FOR A MURDER.
UM, WE ALL CAME UP SHORT ON THIS ONE.
WE?
I DON'T SEE YOUR BOSS SITTING HERE EATING CROW
WITH THE REST OF US.
HE KNEW IT WAS A DICEY CASE TO BEGIN WITH.
[cell phones ring]
LOOKS LIKE IT STILL IS.
YEAH.
LET'S GO.
(officer) WITNESSES SAID THERE WERE 20 OR 25 COMBATANTS.
THEY WERE STILL FIGHTING WHEN WE GOT HERE.
WE GOT TWO DEAD, THIRD MAY NOT MAKE IT,
12 INJURED.
THEY WEREN'T MESSING AROUND.
IT'S OKAY, WE'RE RIGHT HERE, REGGIE.
WE'RE RIGHT HERE.
COME ON, WE'LL FOLLOW DADDY.
LET'S GO. GOOD, UP.
OKAY.
TODD HAUSER'S BUDDIES MIXED IT UP
WITH FONSELLA'S CREW.
FONSELLA IS ONE OF THE DEAD.
THEY HAVE SIX IN CUSTODY SO FAR.
THE INJURED ARE AT THE E.R.
WE'RE HEADED OVER THERE NOW TO MAKE ARRESTS.
JUSTICE BY OTHER MEANS.
I GOT NOTHING TO SAY ABOUT IT.
WE'RE HEARING FONSELLA'S GUYS STARTED THIS.
IS THIS TRUE?
I TOLD YOU, NOTHING TO SAY.
PUT HIM UNDER ARREST.
AND AS SOON AS HE'S PATCHED UP,
TAKE HIM DOWN TO THE STATION.
THERE YOU GO.
THEY STARTED DISSING VINCE WHEN WE LEFT COURT.
I THOUGHT WE WERE GONNA THROW DOWN RIGHT THERE,
BUT THE COPS WERE ALL AROUND.
THEN ONE OF THE GEL HEADS SAYS,
"WE SETTLE THIS 6:00 P.M. EAST RIVER FIELD."
AND THAT'S WHERE YOU WENT.
HELL YEAH.
AND YOU BROUGHT WEAPONS.
NO COMMENT.
THEY DID TOO.
NO ONE LEAVES HERE WITHOUT GIVING A STATEMENT
TO A DETECTIVE.
YES, YES, I'M STILL HOLDING FOR THE CHIEF OF DETECTIVES.
[overlapping shouting]
HEY, YOU CAN'T HOOK THEM UP TOGETHER.
ALL RIGHT, COME ON.
[overlapping shouting]
CAN I HELP YOU?
THEY TOLD ME TO GIVE A STATEMENT.
WERE YOU A WITNESS?
MY HUSBAND--
YES, YES, I'M STILL HERE.
UM, TELL THE CHIEF I'LL CALL HIM BACK.
YES.
WHAT HAPPENED TO YOUR HUSBAND?
WE WERE IN THE PARK WITH OUR SON.
AND ALL THESE MEN SHOWED UP.
IT ALL HAPPENED SO FAST.
MY REGGIE GOT HURT.
THEY JUST TOLD ME HE WAS--
I'M SO SORRY.
WHY WERE THEY FIGHTING?
CAN YOU TELL ME?
WHY DID THEY FIGHT?
(Clerk) CASE 363421,
PEOPLE V. JASON KIMMEL, RALPH RICCI, ET AL.
RIOT IN THE FIRST DEGREE.
QUIET.
QUIET!
THESE ARE THE EAST RIVER BRAWL ALL STARS?
UH, YOUR HONOR,
I OBJECT TO YOUR CHARACTERIZATION.
MR. REARDON,
SINCE YOU'RE THE BEST-DRESSED LAWYER HERE TODAY,
I'M APPOINTING YOU SPOKESMAN FOR THIS MOTLEY CREW.
THEY'RE ALL PLEADING NOT GUILTY, I ASSUME?
ABSOLUTELY, YOUR HONOR.
YOUR HONOR, WE'RE REQUESTING REMAND ACROSS THE BOARD.
THESE DEFENDANTS ENGAGED IN A BRAWL
THAT LEFT THREE DEAD
AND 12 INJURED.
THERE ARE DIFFERENT LEVELS OF CULPABILITY HERE.
WE'RE STILL SORTING THAT OUT, JUDGE.
WHEN YOU'RE ABLE TO IDENTIFY WHO DID WHAT, WE'LL TALK.
BAIL IS SET AT $10,000 PER DEFENDANT.
[bangs gavel]
(McCoy) A MALLET, A CROWBAR, A HATCHET.
IT'S THE GANGS OF NEW YORK.
OPEN WARFARE.
BECAUSE WE PUT A THUG BACK ON THE STREET.
WE DID THE BEST WE COULD WITH WHAT WE HAD.
WE LET THIS CASE GET AWAY FROM US.
CHARGE EVERY LAST ONE OF THEM WITH MURDER.
IT WAS A FREE-FOR-ALL.
WE CAN'T PROVE WHICH DEFENDANT ATTACKED WHICH VICTIM.
IT'S TOO EARLY TO TAP OUT, MIKE.
(Rubirosa) HEY.
LUPO FOUND A VIDEO OF THE BRAWL ON THE INTERNET.
YEAH.
THAT'S, UH, RIGHT THERE THAT'S JASON KIMMEL.
AND THAT'S NEIL WHITMAN FROM TODD HAUSER'S WORK.
AND THAT IS ADAM NEVILLE FROM TODD'S HOCKEY TEAM.
AND NOW WE HAVE THEM ON VIDEO KILLING FONSELLA.
LET'S GET THEM REMANDED IMMEDIATELY.
UNLESS WE KNOW WHO SHOT THAT,
WE'RE GONNA HAVE A PROBLEM GETTING IT INTO EVIDENCE.
WELL, WHO POSTED IT ON THE INTERNET?
HE CALLS HIMSELF "I WAS THERE."
I DON'T THINK HE'S IN THE PHONEBOOK.
YEAH, ACCORDING TO OUR COMPUTER GUYS,
"I WAS THERE" SET UP A PHONY ACCOUNT
AND UPLOADED THE VIDEO AT AN INTERNET CAFE.
SO THERE'S NO WAY TO TRACK IT.
DID YOU SHOW ME THIS VIDEO JUST TO ANNOY ME?
THIS IS OUR BEST EVIDENCE.
NO JUDGE IS GONNA ALLOW SOMETHING WE JUST FOUND
ON THE INTERNET.
PLUS, WE DON'T HAVE THE ORIGINAL.
AND WE CAN'T DEMONSTRATE WHO MADE IT.
EXCEPT THE DEFENSE DOESN'T KNOW THAT.
NO DOUBT THAT'S YOUR CLIENT.
NO DOUBT HE'S HELPING HIS FRIENDS COMMIT MURDER.
WHAT'S YOUR OFFER?
HE PLEADS TO MAN ONE, TEN YEARS.
I DIDN'T KNOW JASON WAS GONNA GO OFF LIKE THAT.
BUT ONCE HE DID GO OFF,
I DIDN'T SEE YOU LIFT A FINGER TO STOP HIM.
THAT GUY KILLED OUR FRIEND.
WE WERE UPSET.
(Rubirosa) UPSET?
YOU WIN THE PRIZE FOR UNDERSTATEMENT,
MR. WHITMAN.
TEN YEARS, AND HE TESTIFIES AGAINST HIS ACCOMPLICES.
LOOK, I'LL TESTIFY.
BUT PLEASE, I DON'T BELONG IN PRISON.
YOU GOT THIS DAMNING PIECE OF VIDEO,
YET YOU'RE OFFERING US MAN ONE.
WHY IS THAT?
WELL, WE'RE NOT LOOKING FOR BLOOD.
WE UNDERSTAND THIS CRIME WAS DRIVEN BY EMOTION.
BUT TEN YEARS,
MCCOY'S PRACTICALLY GIVING AWAY THE STORE
IN AN ELECTION YEAR TO BOOT.
YES OR NO, MR. REARDON?
THIS VIDEO, YOU GOT A PROBLEM WITH IT, DON'T YOU?
YOU DON'T KNOW WHO SHOT IT.
IT'S NOT THE ONLY EVIDENCE.
YOUR CLIENT'S ACCOMPLICES
HAVE AGREED TO TESTIFY AGAINST HIM.
MAYBE YOU CAN SCARE THEM WITH THIS VIDEO.
I'M MOVING TO EXCLUDE IT.
(Judge Desmond) SINCE THE PEOPLE CANNOT AUTHENTICATE THIS VIDEO
OR EVEN TELL US WHO MADE IT,
I'M EXCLUDING IT.
IN THAT CASE, WE MOVE TO DISMISS THE MURDER CHARGES
AGAINST ALL THREE DEFENDANTS.
LAST CHANCE, MR. CUTTER.
DO THE PEOPLE HAVE ANY ADMISSIBLE EVIDENCE
TYING THE DEFENDANTS TO THIS MURDER?
AT THIS POINT, NO.
THE MURDER CHARGES ARE DISMISSED
WITHOUT PREJUDICE.
I WILL BE HAPPY TO REINSTATE THE INDICTMENT
WHEN THE DISTRICT ATTORNEY GETS HIS ACT TOGETHER.
(McCoy) THIS BRAZEN VIOLENCE
HAS TRULY SHOCKED OUR CITY.
WE'RE APPEALING TO THE PUBLIC FOR ANY INFORMATION
THAT WILL LEAD TO THE CONVICTION OF THOSE RESPONSIBLE.
IN PARTICULAR, WE ASK THE PERSON WHO MADE THE VIDEO
OF VINCENT FONSELLA'S MURDER TO STEP FORWARD
AND IDENTIFY HIMSELF.
MR. MCCOY,
THE VIDEO CLEARLY IDENTIFIES MR. FONSELLA'S ASSAILANTS.
AND YET YOUR OFFICE
HASN'T MANAGED TO INDICT ANYONE FOR MURDER.
THAT'S WHY WE'RE OUT HERE TODAY.
MR. MCCOY, WASN'T YOUR OFFICE NEGLIGENT
WHEN IT ALLOWED FONSELLA TO REMAIN FREE?
THAT WAS A JUDGE'S DECISION, NOT OURS.
BUT DIDN'T YOU ALLOW HIM TO PLEAD TO A REDUCED CHARGE?
HE PLED GUILTY TO A FELONY HOMICIDE.
HE GOT NO FAVORS.
I THINK WE'RE DONE HERE.
MR. MCCOY, SHOULD YOU DECIDE TO RUN,
WHY SHOULD NEW YORKERS SUPPORT YOUR BID
FOR ANOTHER TERM AS THEIR D.A.?
WATCH WHAT I DO. THAT'S YOUR ANSWER.
[reporters shouting]
(McCoy) I'M NOT DOING THAT AGAIN.
THIS OFFICE BEGGING FOR HELP,
LOOKING WEAK AND INEFFECTUAL.
WELL, WE WON'T LOOK SO WEAK
ONCE WE GET OUR CONVICTIONS.
IF WE GET THEM.
RIGHT NOW THAT DEPENDS ON SOME AMATEUR CAMERAMAN
GROWING A SPINE AND STEPPING FORWARD.
FAILING THAT, WE BETTER FIGURE OUT A WAY
TO PROSECUTE THESE HOOLIGANS BEFORE OTHER GANGS
GET THE IDEA THAT THEY CAN HAVE A BLOOD BATH
AND GET AWAY WITH IT.
I DID SOME RESEARCH, AND UNDER ARTICLE 490
WE CAN CHARGE THEM WITH TERRORISM.
THAT STATUTE WAS WRITTEN SIX DAYS AFTER 9/11
TO PROSECUTE ACTS OF WAR.
NICE TRY, CONNIE.
AS I RECALL, IT WAS WORDED PRETTY BROADLY.
HOW WOULD YOU APPLY IT HERE?
IT APPLIES IF AN INDIVIDUAL'S INTENT
IS TO DISRUPT GOVERNMENT INSTITUTIONS
OR TO INTIMIDATE THE PUBLIC
THROUGH ACTS OF VIOLENCE.
THESE PEOPLE RIOTED BECAUSE THEY DIDN'T LIKE
THE WAY THE CRIMINAL JUSTICE SYSTEM
DID ITS BUSINESS.
IT WAS A RUMBLE, JACK. A GRUDGE MATCH.
IN A PUBLIC PARK
WITH HATCHETS AND LEAD PIPES.
THEY TERRORIZED AND KILLED INNOCENT PEOPLE.
CHARGING THREE BRAWLERS WITH TERRORISM
ISN'T JUSTICE.
I'M NOT CHARGING JUST THESE THREE.
I'M CHARGING THEM ALL.
WE CREATED THIS PROBLEM.
WE'RE GONNA FIX IT.
JACK, THE TERRORISM STATUTE
CARRIES AN AUTOMATIC LIFE SENTENCE.
YOU THINK EVERY ONE OF THOSE PEOPLE DESERVE THAT?
A JURY WILL DECIDE WHO DESERVES WHAT.
YOU JUST GET ME THE INDICTMENTS.
UNHAPPY WITH HOW A CASE WAS PROSECUTED,
THEY ENGAGED IN MASS VIGILANTISM.
WITH THE INTENT TO SUBVERT THE AUTHORITY
OF THE DISTRICT ATTORNEY,
THEY ORGANIZED A RIOT IN A PUBLIC PARK.
SO PROSECUTE THEM FOR RIOTING.
THIS INDICTMENT IS AN INSULT
TO THE REAL VICTIMS OF REAL TERRORIST ATTACKS.
THERE WERE REAL VICTIMS HERE,
INNOCENT BYSTANDERS KILLED AND INJURED.
YOU'RE ON THE RAZOR'S EDGE, MR. CUTTER.
BUT IF YOU CAN SELL IT TO A JURY THEN--
OF COURSE HE'LL SELL IT.
JUDGE, HE'LL SCARE THE PANTS OFF THE JURORS
SIMPLY BY UTTERING THE WORD "TERRORISM."
THE ACTS THESE DEFENDANTS ARE ACCUSED OF
ARE WHAT WILL FRIGHTEN THE JURY.
THE DISTRICT ATTORNEY IS PUTTING FORTH
AN INTRIGUING THEORY.
SEE IF YOU ALL CAN AGREE ON A TRIAL DATE.
WE'VE SURVIVED A MOTION TO DISMISS.
THAT'S HALF THE GAME.
JUST BECAUSE I CAN PARROT THE PARTY LINE
DOESN'T MEAN I BUY INTO IT.
(Bernard) ALL OF THE WEAPONS
HAD MULTIPLE SETS OF FINGERPRINTS ON THEM.
THERE WAS NO WAY TO TELL WHO WAS HOLDING WHAT WHEN.
ALL WE HAVE TO GO ON IS THE VIDEO,
WHICH WE CAN'T USE, RIGHT?
IT DOESN'T MATTER.
THE GOOD THING ABOUT THE TERRORISM STATUTE
IS THAT WE DON'T HAVE TO CONNECT AN INDIVIDUAL
TO A SPECIFIC WEAPON.
SO THE DEFENDANT WHO YELLED INSULTS
PAYS THE SAME PRICE AS THE ONE WHO USED THIS.
WE'RE CALLING THAT A GOOD THING.
YOU THROW IN WITH A GANG, YOU OWN WHAT THEY DO.
I GREW UP IN COMPTON.
WE COULD HAVE USED A LAW LIKE THIS.
(Lupo) THE BLOODS AND THE CRIPS ARE NOT TERRORISTS.
AND NEITHER ARE A BUNCH OF HARD HATS
AND DAY TRADERS WITH ANGER ISSUES.
BUT IT SURE MAKES A HELL OF A SOUND BITE
WHEN YOU'RE RUNNING FOR ELECTION.
I SEE.
A FEW LAW SCHOOL CLASSES, DETECTIVE,
AND ALL OF A SUDDEN YOU'RE AN EXPERT ON JURISPRUDENCE?
MAYBE NOT, BUT I DO HAVE ONE CREDENTIAL YOU DON'T.
I SPENT FOUR YEARS CHASING ACTUAL TERRORISTS.
ALL THE MORE REASON I NEED YOU TO TESTIFY.
AT THE END OF THE DAY,
WE ALL WANT THE SAME THING FOR THE CITY.
SAFE STREETS, FREEDOM FROM FEAR.
THAT'S FUNNY.
WHEN A COP STRETCHES THE RULES,
WE GET SLAMMED.
WHEN YOU DO IT, WE'RE SUPPOSED TO HEAR
THE ANGELS SING.
I'LL TESTIFY IN YOUR TERRORISM TRIAL
ABOUT WHAT I SAW AND WHAT I HEARD.
BUT IF YOU TRY TO USE MY RESUME
TO SELL YOUR CASE...
YOU WON'T LIKE WHAT YOU HEAR.
LOOK, I'LL TALK TO HIM.
TAKE DETECTIVE LUPO OFF THE WITNESS LIST.
GUESS THAT'S EASIER
THAN DECIDING IF HE HAS A POINT.
(Claudia) IT WAS A NICE EVENING.
SO WE TOOK OUR SON WILLIE TO THE PARK.
REGGIE WAS GONNA THROW A FOOTBALL WITH HIM.
WHEN WE GOT TO THE PARK,
WE SAW SOME MEN COMING TOWARDS US
FROM HOUSTON STREET.
AND WHAT HAPPENED NEXT, MRS. HODGES?
ANOTHER GROUP OF MEN CAME FROM THE OTHER SIDE.
THEY WERE CARRYING BATS AND PIPES.
BEFORE WE KNEW IT, THEY STARTED TO FIGHT.
REGGIE PUSHED WILLIE AND ME AWAY.
THEN ONE OF THEM STARTED HITTING HIM
WITH A TIRE IRON
FOR NO REASON.
ANOTHER ONE
STARTED PUNCHING HIM.
REGGIE WENT DOWN.
THERE WAS BLOOD ALL OVER HIM.
WILLIE SAW HIS FATHER BEATEN TO DEATH
BY THIS--
THIS MOB.
(Cutter) NO MORE QUESTIONS.
I'M VERY SORRY FOR YOUR LOSS.
NOW, YOU TESTIFIED
THAT YOU WAIT TABLES AT A RESTAURANT
ON VESEY STREET DOWNTOWN.
NOW WERE YOU WORKING THERE ON 9/11?
YES, I WAS.
SO YOU MUST REMEMBER WHAT IT WAS LIKE THAT DAY?
I'LL NEVER FORGET IT.
I SAW PEOPLE JUMPING FROM THE TOWERS.
DO YOU REMEMBER HOW YOU FELT?
LIKE WE WERE IN A WAR, BUT--
"LIKE WE WERE IN A WAR."
THANK YOU.
NO FURTHER QUESTIONS.
(Bernard) WE RECOVERED
THREE BASEBALL BATS, TWO METAL PIPES,
A BIKE CHAIN, TWO TIRE IRONS,
A PIECE OF REBAR,
A MALLET, A HATCHET,
THREE POCKETKNIVES, A WRENCH.
WHAT ELSE DID YOU OBSERVE?
A LOT OF TERRIFIED PEOPLE WHO WERE TRAPPED
IN THAT PARK ONCE THE FIGHT BROKE OUT.
PEOPLE IN THE NEIGHBORHOOD WHO HAD SEEN THE VIOLENCE.
NOTHING FURTHER.
DETECTIVE, WHEN YOU INTERVIEWED THE DEFENDANTS,
DID THEY EXPRESS ANY POLITICAL VIEWS
OR ANY DESIRE TO DISRUPT
ANY GOVERNMENT INSTITUTIONS?
SOME OF THEM SAID THEY WEREN'T HAPPY
ABOUT THE WAY THE JUSTICE SYSTEM WORKED.
SO THEY MADE NO POLITICAL STATEMENT?
PUBLIC VIOLENCE IS A POLITICAL STATEMENT.
MOVE TO STRIKE.
I GREW UP RUNNING TO SCHOOL THROUGH THE ALLEYS
SO GANGBANGERS WOULDN'T JUMP ME.
THE ANSWER IS STRICKEN.
MY WHOLE NEIGHBORHOOD-- DETECTIVE!
THE JURY WILL DISREGARD THE WITNESS' ANSWER.
NO MORE QUESTIONS, YOUR HONOR.
REDIRECT, YOUR HONOR.
DETECTIVE, YOU CLAIM THAT THE NEIGHBORHOOD
WHERE YOU GREW UP WAS THE TARGET OF TERRORISTS.
WHY WOULD YOU SAY THAT?
GANGS HAD SET UP A NATION
WITHIN A NATION.
A VIOLENT CRIMINAL NATION
WITH NO REGARD FOR OUR LAWS.
WHEN YOU HAVE LITTLE KIDS
TOO SCARED TO GO TO SLEEP
AND WIDOWED YOUNG MOTHERS
TOO SCARED TO COMFORT THEIR BABIES,
THAT'S TERRORISM.
(Cutter) THANK YOU, DETECTIVE.
(Sean) AFTER THE JUDGE LET VINCE FONSELLA GO,
YOU KNOW, I WAS PRETTY STEAMED.
I WAS ON MY WAY HOME, AND I GOT A TEXT MESSAGE
SAYING SOMETHING WAS HAPPENING OVER AT THE BALL FIELDS.
I THOUGHT MAYBE ONE OF MY BROTHER'S BUDDIES
WAS GONNA FIGHT VINCE.
AND WHAT IN FACT HAPPENED WHEN YOU GOT TO THE FIELD?
THERE WAS A BUNCH OF GUYS YELLING AT EACH OTHER.
VINCE'S GUYS AND OUR GUYS.
BUT IF YOU'VE EVER SEEN A HOCKEY FIGHT,
EVERYBODY TALKS SMACK.
GUYS SWING THEIR STICKS.
SOMETIMES TWO GUYS EVEN THROW PUNCHES.
BUT I FIGURED THAT'D BE THE WORST CASE SCENARIO.
WHAT HAPPENED?
IT GOT OUTTA HAND.
I HEARD THIS CRACK.
AND THEN THERE WAS THIS GUY ON THE GROUND
WITH HIS HEAD SPLIT OPEN.
AND THEN...
I'M SORRY INNOCENT PEOPLE GOT HURT.
I--
NOBODY DESERVED TO DIE BECAUSE OF WHAT HAPPENED
TO MY BROTHER.
BUT WE WERE NOT TRYING TO MAKE A STATEMENT.
WE WERE JUST HURT
AND ANGRY AND STUPID.
I'VE SERVED SIX YEARS IN THE FIRE DEPARTMENT.
I'VE RUN INTO BUILDINGS
TO SAVE PEOPLE.
I WORK WITH GUYS WHO LOST FRIENDS IN THE TOWERS.
I'M WILLING TO BE PUNISHED,
BUT TO CALL ME A TERRORIST
AND SEND ME TO JAIL FOR LIFE,
I MEAN, THAT DOESN'T MAKE SENSE.
YOU RUN INTO BURNING BUILDINGS AND SAVE PEOPLE
FOR A LIVING.
AND IN YOUR SPARE TIME,
YOU GET INTO STREET FIGHTS
WHERE INNOCENT PEOPLE ARE KILLED.
I TOLD YOU, WE WERE ANGRY.
NOW YOU INVOKED THE MEMORY OF THE BRAVE MEN AND WOMEN
WHO WENT UP INTO THOSE TOWERS
SEVEN YEARS AGO.
DO YOU THINK THEY FELT SCARED,
EVEN TERRIFIED?
YEAH.
SURE.
BUT THEY DIDN'T GIVE IN TO THEIR FEELINGS.
THEY DID THEIR DUTY,
JUST AS MUCH AS YOU FAILED TO DO YOURS.
(Reardon) OBJECTION!
(Cutter) WITHDRAWN.
MR. HAUSER, WHEN THE FIGHT BROKE OUT,
WHY DIDN'T YOU TRY TO STOP IT
OR CALL 911?
I DON'T KNOW.
AND IF YOU WANTED TO PUNISH VINCE FONSELLA,
DID YOU CONSIDER FILING A WRONGFUL DEATH SUIT?
A LOT OF GOOD THAT WOULD HAVE DONE.
YOU DON'T HAVE MUCH FAITH IN OUR JUSTICE SYSTEM, DO YOU?
IF YOU GUYS HADN'T HAVE LET
VINCE FONSELLA GO, NONE OF THIS WOULDA HAPPENED.
SO MAYBE NEXT TIME
WE'LL THINK TWICE BEFORE WE MAKE A DEAL WITH A KILLER.
THAT'S RIGHT.
MAYBE NEXT TIME THE COURTS WON'T BE SO QUICK
TO RELEASE A MURDERER.
THAT'S THE LESSON HERE, ISN'T IT?
YEAH, THAT'S THE LESSON!
SO THAT'S YOUR POLITICAL STATEMENT,
THE MESSAGE OF YOUR VIOLENT BEHAVIOR.
SO I GUESS YOU DID HAVE A POINT AFTER ALL,
DIDN'T YOU, MR. HAUSER?
SERIOUS CRIMES WERE COMMITTED ON THOSE BALL FIELDS.
BUT FOR REASONS KNOWN ONLY TO THE DISTRICT ATTORNEY,
NO INDIVIDUAL DEFENDANTS HAVE BEEN CHARGED
FOR THOSE SPECIFIC CRIMES.
NOW WHETHER IT WAS A BOTCHED INVESTIGATION
OR FOR POLITICAL CONSIDERATIONS,
WE CAN ONLY SPECULATE.
BUT THE POLICE AND THE PROSECUTORS
CAN'T PARSE OUT WHO DID WHAT TO WHOM.
SO INSTEAD, THEY WANT YOU
TO DO THEIR JOBS FOR THEM.
THEY WANT EVERYONE WHO PARTICIPATED
TO BE CONVICTED OF TERRORISM.
THIS WAS A STREET FIGHT
BETWEEN MEN WHO HAD NOTHING ON THEIR MINDS
EXCEPT DUMB PAYBACK.
AND THESE CHARGES ARE NOTHING
BUT POLITICAL POSTURING
BY AN AMBITIOUS PROSECUTOR.
JUSTICE REQUIRES YOU TO ACQUIT THESE DEFENDANTS.
MAKE NO MISTAKE.
THESE ACTS WERE AN ATTACK ON INSTITUTIONS
WE HOLD DEAR.
THEIR STREET FIGHT
WAS NOTHING LESS
THAN AN ATTEMPT TO SUBSTITUTE
THEIR BRAND OF JUSTICE
FOR OUR SYSTEM OF DUE PROCESS.
BY BRINGING THEIR FIGHT TO A PUBLIC PARK
AND DARING ANYONE TO STOP IT,
THEY WOULD ERODE THE PUBLIC'S CONFIDENCE
IN THE GOVERNMENT'S ABILITY TO PROTECT ITS CITIZENS.
THEIR BEHAVIOR MEETS THE CRITERIA
OF A TERRORIST ACT.
EVERY DAY,
WE'RE SUBJECTED TO PUBLIC ACTS OF VIOLENCE.
BARE-KNUCKLE PUNCH-OUTS
IN UNION SQUARE.
TEENAGE GIRLS BATTERING EACH OTHER
ON INTERNET VIDEOS.
NO-HOLDS-BARRED EXTREME FIGHTING
ON PRIMETIME.
IT'S VIOLENCE YOU CAN'T ESCAPE NOW.
VIOLENCE THAT BRUTALIZES US,
EXCITES US, AND TERRIFIES US.
AND WE'VE SEEN WHAT THE END OF THIS ROAD LOOKS LIKE.
IT'S A SOCCER STADIUM FILLED WITH PEOPLE
FORCED TO WATCH MEN IN BLACK TURBANS
CONDUCT MASS EXECUTIONS.
AND THAT'S WHY
YOU NEED TO FIND THESE DEFENDANTS GUILTY
OF WHAT I CONCEDE IS A SEVERE CHARGE.
BECAUSE WHEN WE NO LONGER BELIEVE
WE LIVE IN A SAFE SOCIETY,
THEN WE LIVE IN TERROR.
FIVE DAYS.
IT SHOULDN'T TAKE THAT LONG TO ACQUIT.
DON'T SELL YOURSELF SHORT. [cell phone rings]
YOU GAVE THEM SOMETHING TO CHEW ON.
I REALLY DON'T WANT ANY CREDIT HERE.
THIS WAS YOUR IDEA.
OKAY, I'LL COME RIGHT OVER.
COURT OFFICERS JUST BROKE UP
A FIST FIGHT IN THE JURY ROOM.
GREAT.
MAYBE WE CAN WATCH IT ON THE INTERNET.
ARE YOU HAPPY NOW?
THIS CASE HAS PUT THE WHOLE CITY ON OVERLOAD.
MAYBE YOU SHOULD RE-READ YOUR SUMMATION.
SOMETHING HAD TO BE DONE.
SOMETHING OUT OF THE ORDINARY.
LIKE WHEN THE RUSSIAN MOB KILLED ADA RICCI,
AND YOU SUSPENDED HABEAS CORPUS?
CROSSING THE LINE
WAS ONE THING WHEN ADAM SCHIFF HAD YOUR BACK.
NOW YOU'RE OUT THERE ALL BY YOURSELF.
THAT DOESN'T BOTHER ME.
NO, IT JUST MAKES YOU MORE STUBBORN.
THE JURY'S AT EACH OTHER'S THROATS.
WHAT IF THEY HANG ON THE VERDICT?
OR WORSE, WHAT IF THEY DO ACQUIT?
YOU'RE GONNA LOOK LIKE A FOOL.
NOT TO MENTION WHAT IT WILL DO TO THE CREDIBILITY
OF THIS OFFICE.
JACK, YOU MADE YOUR POINT.
YOU PROVED YOU'LL PROTECT THIS CITY
COME HELL OR HIGH WATER.
NOW PROVE YOU HAVE THE WISDOM TO BACK DOWN
WHEN YOU'RE DOING MORE HARM THAN GOOD.
(Reardon) WE HEAR THERE MIGHT BE AN OFFER.
YOU HEARD RIGHT.
SO MCCOY'S REGAINED HIS SANITY.
IT'S ALL OR NOTHING.
THE THREE DEFENDANTS THAT BEAT VINCE FONSELLA TO DEATH
PLEAD TO MURDER TWO.
20 TO LIFE.
THE OTHER DEFENDANTS TAKE TWO COUNTS
OF MAN ONE.
FIVE YEARS TO RUN CONSECUTIVELY.
I'D HAVE TO DO TEN YEARS?
I DIDN'T EVEN KILL ANYBODY.
WELL, RIGHT NOW YOU HAVE A LIFE SENTENCE
HANGING OVER YOUR HEAD.
SO YOU CAN WHINE ABOUT IT, OR YOU CAN CUT YOUR LOSSES.
(McCoy) EVEN THOUGH THE TERRORISM CHARGES
WERE DROPPED,
THE PLEA BARGAIN IS A JUST AND FAIR RESOLUTION
OF A CASE THAT WAS CONTROVERSIAL AND HARD-FOUGHT.
IN THE END, THE PEOPLE OF OUR CITY
WILL REST EASIER KNOWING THAT MOB VIOLENCE
WILL NOT BE TOLERATED
AND THAT JUSTICE WILL PREVAIL
OVER THOSE WHO ENGAGE IN IT.
(reporters) MR. MCCOY!
MR. MCCOY!
I'D ALSO LIKE TO EXPRESS MY GRATITUDE
TO ASSISTANT DISTRICT ATTORNEY
MICHAEL CUTTER, WHO TRIED THIS CASE
AND WHO BROUGHT SENSE AND REASON
TO BEAR ON THE OUTCOME.
THANK YOU.
[reporters shouting]