1 00:00:02,270 --> 00:00:03,371 (male announcer) In the criminal justice system, 2 00:00:03,404 --> 00:00:05,539 the people are represented by two separate 3 00:00:05,573 --> 00:00:07,375 yet equally important groups-- 4 00:00:07,408 --> 00:00:09,243 the police who investigate crime 5 00:00:09,277 --> 00:00:12,213 and the district attorneys who prosecute the offenders. 6 00:00:12,246 --> 00:00:14,048 These are their stories. 7 00:00:14,082 --> 00:00:18,652 (man) Get up! Get up, you Arab pig! 8 00:00:18,686 --> 00:00:21,589 Come on, let's go. Let's go! 9 00:00:21,622 --> 00:00:23,491 Shut up! 10 00:00:23,524 --> 00:00:25,159 [muffled whimpers] 11 00:00:25,193 --> 00:00:26,260 On your knees. 12 00:00:26,294 --> 00:00:28,296 [shouting] Get on your knees! 13 00:00:30,431 --> 00:00:33,167 This'll light up the world. 14 00:00:33,201 --> 00:00:34,402 We're ready. Let's go. 15 00:00:34,435 --> 00:00:36,370 Lolli-gops, towel heads, 16 00:00:36,404 --> 00:00:38,106 camel jockeys, 17 00:00:38,139 --> 00:00:39,607 you are not Americans. 18 00:00:39,640 --> 00:00:42,510 You're parasites living off our citizens. 19 00:00:42,543 --> 00:00:46,247 You cheer when our GIs die in Iraq. 20 00:00:46,280 --> 00:00:47,281 Why do you live in our country 21 00:00:47,315 --> 00:00:49,283 if you hate our way of life?! 22 00:00:49,317 --> 00:00:50,584 [muffled whimpers] 23 00:00:50,618 --> 00:00:54,288 You think we're scared of your jihad? 24 00:00:54,322 --> 00:00:57,091 After today, be scared of us. 25 00:00:57,125 --> 00:00:58,592 This is our jihad. 26 00:00:58,626 --> 00:01:00,861 [muffled cries] God bless America! 27 00:01:00,894 --> 00:01:02,496 [scream echoing] 28 00:01:02,530 --> 00:01:05,133 The victim had his wallet and his cell phone. 29 00:01:05,166 --> 00:01:06,500 His name is Eric Khalaby. 30 00:01:06,534 --> 00:01:08,169 He's 26. He's from Bay Ridge. 31 00:01:08,202 --> 00:01:09,437 I'm gonna run him through NCIC, 32 00:01:09,470 --> 00:01:10,604 and I'm gonna give the phone to TARU. 33 00:01:10,638 --> 00:01:11,705 They cut his head off? 34 00:01:11,739 --> 00:01:14,175 Yeah, just about. 35 00:01:14,208 --> 00:01:15,576 An Arab, a banner-- 36 00:01:15,609 --> 00:01:17,878 Somebody was definitely trying to send a message. 37 00:01:17,911 --> 00:01:22,150 "United Americans For One America." 38 00:01:22,183 --> 00:01:23,317 What is this place? 39 00:01:23,351 --> 00:01:24,518 An old fleet garage. 40 00:01:24,552 --> 00:01:25,553 You can't see the entrance, 41 00:01:25,586 --> 00:01:27,255 so they obviously had privacy. 42 00:01:27,288 --> 00:01:29,423 Security guard started his shift at 6:00, 43 00:01:29,457 --> 00:01:31,425 found the body as soon as he got here. 44 00:01:31,459 --> 00:01:34,195 All these bloody footprints, they're smeared, 45 00:01:34,228 --> 00:01:36,464 so we're not gonna get a good impression. 46 00:01:36,497 --> 00:01:38,332 Knife went through the carotid. 47 00:01:38,366 --> 00:01:39,633 When? No rigor-- 48 00:01:39,667 --> 00:01:41,702 Three hours ago, tops. 49 00:01:41,735 --> 00:01:43,904 Your victim struggled. 50 00:01:43,937 --> 00:01:45,573 I got some hair samples-- not his. 51 00:01:45,606 --> 00:01:48,342 Oh, and he's wearing a wedding ring. 52 00:01:48,376 --> 00:01:52,246 How do you tell this to the wife? 53 00:01:53,681 --> 00:01:55,183 You all right? 54 00:01:55,216 --> 00:01:56,184 Yeah, fine. 55 00:01:56,217 --> 00:01:57,185 (Van Buren) Captain? 56 00:01:57,218 --> 00:01:58,486 Franks, Public Information. 57 00:01:58,519 --> 00:02:00,454 Van Buren. This is really bad. 58 00:02:00,488 --> 00:02:02,623 You have no idea. Seen a TV yet? 59 00:02:02,656 --> 00:02:04,292 (reporter) What follows is a tape delivered to news organizations 60 00:02:04,325 --> 00:02:06,194 in the early hours this morning. 61 00:02:06,227 --> 00:02:08,462 A home-grown version of terrorist videos we've seen 62 00:02:08,496 --> 00:02:09,763 with increasing frequency. 63 00:02:09,797 --> 00:02:12,666 The effect of this one, as you'll see, is the same. 64 00:02:12,700 --> 00:02:15,303 It's to create fear. 65 00:02:15,336 --> 00:02:19,240 (masked man) Lolli-gops, towel heads, camel jockeys, 66 00:02:19,273 --> 00:02:21,775 you are not Americans. 67 00:02:21,809 --> 00:02:24,378 You're parasites living off our citizens. 68 00:02:24,412 --> 00:02:27,481 You cheer when our GIs die in Iraq. 69 00:02:27,515 --> 00:02:28,449 Why do you live in our country 70 00:02:28,482 --> 00:02:30,150 if you hate our way of life?! 71 00:02:32,220 --> 00:02:34,655 (masked man #2) You think we're scared of your jihad? 72 00:02:34,688 --> 00:02:37,391 After today, be scared of us. 73 00:02:37,425 --> 00:02:39,427 This is our jihad. 74 00:02:39,460 --> 00:02:42,463 [muffled cries] God bless America! 75 00:02:42,496 --> 00:02:43,597 (reporter) The rest, of course, is too graphic 76 00:02:43,631 --> 00:02:44,798 for us to air. 77 00:02:44,832 --> 00:02:46,667 But suffice it to say... 78 00:02:46,700 --> 00:02:47,801 The world doesn't need to see this. 79 00:02:47,835 --> 00:02:51,639 Especially in front of our flag. 80 00:02:51,672 --> 00:02:55,676 (reporter) ...terrorists, presumably, Americans. 81 00:02:55,709 --> 00:02:58,679 [theme music] 82 00:02:58,712 --> 00:03:06,720 * 83 00:03:42,723 --> 00:03:44,625 We tried to feel safe. 84 00:03:44,658 --> 00:03:48,729 Eric always said people were basically decent. 85 00:03:48,762 --> 00:03:51,765 They wouldn't take it out on us. 86 00:03:51,799 --> 00:03:53,901 I think of how they had him, 87 00:03:53,934 --> 00:03:56,003 how scared he must have been. 88 00:03:56,036 --> 00:03:58,939 How--[crying] 89 00:03:58,972 --> 00:04:01,309 Mrs. Khalaby, I know this is difficult for you, 90 00:04:01,342 --> 00:04:03,477 but we do have a few questions. 91 00:04:03,511 --> 00:04:05,646 Yes, yes. 92 00:04:05,679 --> 00:04:07,281 Okay. 93 00:04:10,851 --> 00:04:12,853 Did Eric ever receive any threats? 94 00:04:14,788 --> 00:04:18,025 You know, just insults on the street. 95 00:04:18,058 --> 00:04:21,329 My mosque has 600 members, Detective. 96 00:04:21,362 --> 00:04:22,463 For lots of them, 97 00:04:22,496 --> 00:04:24,365 threats are a simple fact of life. 98 00:04:24,398 --> 00:04:25,999 This 10:00 call, 99 00:04:26,033 --> 00:04:27,501 did it come in on your land line 100 00:04:27,535 --> 00:04:28,802 or his cell phone? 101 00:04:28,836 --> 00:04:29,937 I don't remember. 102 00:04:29,970 --> 00:04:33,441 I woke up when he was getting dressed. 103 00:04:36,076 --> 00:04:39,380 United Americans for One America! 104 00:04:39,413 --> 00:04:41,449 Who are these people? 105 00:04:41,482 --> 00:04:44,017 Who do they think we are? 106 00:04:44,051 --> 00:04:46,019 We're Americans. I was born here. 107 00:04:46,053 --> 00:04:48,522 And they hate us. 108 00:04:48,556 --> 00:04:51,058 It'll never get better. 109 00:04:57,030 --> 00:04:59,900 As her Imam, I want her, 110 00:04:59,933 --> 00:05:01,835 and everyone in our mosque 111 00:05:01,869 --> 00:05:04,972 to believe that you care about a dead Muslim. 112 00:05:05,005 --> 00:05:06,540 Help me do that. 113 00:05:06,574 --> 00:05:10,744 This community doesn't exactly trust the police. 114 00:05:10,778 --> 00:05:12,946 Sir, we can imagine people thinking otherwise, 115 00:05:12,980 --> 00:05:16,083 but we don't tolerate hate crimes. 116 00:05:16,116 --> 00:05:17,751 No matter who the victim is. 117 00:05:22,823 --> 00:05:24,425 Nina Cassady, Ed Green, 118 00:05:24,458 --> 00:05:25,859 this is Henry Paulsen, 119 00:05:25,893 --> 00:05:27,761 from the joint terrorism task force, 120 00:05:27,795 --> 00:05:29,463 and Brian Griggs, FBI. 121 00:05:29,497 --> 00:05:32,065 We're keeping them informed every step of the way. 122 00:05:32,099 --> 00:05:35,102 Well, Mrs. Khalaby said her husband received a call 123 00:05:35,135 --> 00:05:37,137 from his law firm around 10:00 PM, 124 00:05:37,170 --> 00:05:38,539 but TARU said it didn't come in 125 00:05:38,572 --> 00:05:40,374 on his cell phone. 126 00:05:40,408 --> 00:05:41,475 The LUDs from the Khalaby apartment 127 00:05:41,509 --> 00:05:42,543 don't show a call after 9:00 PM. 128 00:05:42,576 --> 00:05:44,111 Could the wife be involved? 129 00:05:44,144 --> 00:05:45,413 She was grieving. 130 00:05:45,446 --> 00:05:47,981 I didn't read her as faking it. 131 00:05:48,015 --> 00:05:49,850 And that's not our only problem. 132 00:05:49,883 --> 00:05:51,084 Yeah, the banner from the video-- 133 00:05:51,118 --> 00:05:54,054 United Americans for One America. 134 00:05:54,087 --> 00:05:56,056 Detective Paulsen here says they haven't been active 135 00:05:56,089 --> 00:05:58,392 since the '90s. 136 00:05:58,426 --> 00:05:59,527 As far as we know, there no longer is 137 00:05:59,560 --> 00:06:01,595 a United Americans for One America. 138 00:06:01,629 --> 00:06:03,597 All right, this 10:00 PM call-- 139 00:06:03,631 --> 00:06:05,999 JTTF is at Khalaby's office, 140 00:06:06,033 --> 00:06:07,100 clearing it out. 141 00:06:07,134 --> 00:06:08,769 Let's find out if he was really there 142 00:06:08,802 --> 00:06:10,438 last night. 143 00:06:12,806 --> 00:06:13,941 (woman) No, he wasn't. 144 00:06:13,974 --> 00:06:18,011 And the name on the door is Hoffman, Gold & Birnbaum. 145 00:06:18,045 --> 00:06:20,013 If that makes you assume we had problems 146 00:06:20,047 --> 00:06:21,515 with the Muslim lawyer, 147 00:06:21,549 --> 00:06:22,983 you're wrong. 148 00:06:23,016 --> 00:06:25,953 Other Muslims might have had a problem. 149 00:06:25,986 --> 00:06:29,457 Did Eric actually say that? 150 00:06:29,490 --> 00:06:30,891 Day before yesterday, 151 00:06:30,924 --> 00:06:32,025 a friend of his came in. 152 00:06:32,059 --> 00:06:34,462 Ben something. 153 00:06:34,495 --> 00:06:36,797 I was standing near Eric's door. 154 00:06:36,830 --> 00:06:38,799 They were arguing to the point that 155 00:06:38,832 --> 00:06:39,833 Eric closed it. 156 00:06:39,867 --> 00:06:41,469 Did you hear anything? 157 00:06:41,502 --> 00:06:43,637 Something about traditions, and acting false. 158 00:06:43,671 --> 00:06:46,807 Eric sounded pretty rattled. 159 00:06:46,840 --> 00:06:48,542 I'll help any way I can. 160 00:06:48,576 --> 00:06:50,511 Diane, Eric's wife, 161 00:06:50,544 --> 00:06:52,179 she said you were doing a really great job. 162 00:06:52,212 --> 00:06:53,447 We appreciate that. 163 00:06:53,481 --> 00:06:56,016 Listen, we heard that you went to Eric's office two days ago. 164 00:06:56,049 --> 00:06:58,051 On my day off, I stopped by to say hi. 165 00:06:58,085 --> 00:07:00,588 We heard it was a little louder than hi. 166 00:07:00,621 --> 00:07:02,222 It was nothing, you know. 167 00:07:02,255 --> 00:07:05,826 It was personal. Between friends. 168 00:07:05,859 --> 00:07:07,127 Well, Mr. Faoud, 169 00:07:07,160 --> 00:07:08,529 when one of the friends ends up 170 00:07:08,562 --> 00:07:09,563 with his head cut off, 171 00:07:09,597 --> 00:07:12,600 personal piques our curiosity. 172 00:07:12,633 --> 00:07:17,137 There was talk of Eric being out late. 173 00:07:17,170 --> 00:07:19,840 I asked him if he was having an affair. 174 00:07:19,873 --> 00:07:21,975 Diane's my cousin. 175 00:07:22,009 --> 00:07:23,076 I told him it had to stop, 176 00:07:23,110 --> 00:07:25,078 or we'd have to go to the Imam. 177 00:07:25,112 --> 00:07:26,914 Who is this woman he was seeing? 178 00:07:26,947 --> 00:07:27,948 He wouldn't tell me. 179 00:07:27,981 --> 00:07:29,883 He got defensive. 180 00:07:29,917 --> 00:07:31,685 I never saw him like that before. 181 00:07:31,719 --> 00:07:32,953 Someone you knew? 182 00:07:32,986 --> 00:07:34,087 I wouldn't know her. 183 00:07:34,121 --> 00:07:36,557 Someone not from your community. 184 00:07:36,590 --> 00:07:38,158 She wasn't Muslim. 185 00:07:38,191 --> 00:07:39,292 Look, Eric's dead. 186 00:07:39,326 --> 00:07:42,229 It won't help Diane to know he might have been cheating. 187 00:07:42,262 --> 00:07:43,063 (man) Ben! 188 00:07:43,096 --> 00:07:46,466 Excuse me, I've got to get to work. 189 00:07:48,536 --> 00:07:51,204 So, Khalaby steps outside the faith. 190 00:07:51,238 --> 00:07:53,106 I want to put names to the numbers 191 00:07:53,140 --> 00:07:54,942 on the apartment LUDs. 192 00:07:54,975 --> 00:07:56,877 Maybe he called this woman from home. 193 00:07:56,910 --> 00:07:57,878 I want to check his e-mails 194 00:07:57,911 --> 00:07:58,979 from his home computer. 195 00:07:59,012 --> 00:08:00,213 Let's get a search warrant. 196 00:08:00,247 --> 00:08:02,716 Why are you doing this? 197 00:08:02,750 --> 00:08:04,284 What could you find in Eric's things? 198 00:08:04,317 --> 00:08:05,519 We're doing our best to find out 199 00:08:05,553 --> 00:08:06,554 who killed your husband. 200 00:08:06,587 --> 00:08:08,121 You're not telling me the truth about everything. 201 00:08:08,155 --> 00:08:10,924 Are you telling us everything, Mrs. Khalaby? 202 00:08:10,958 --> 00:08:12,259 Do you have a warrant for this search? 203 00:08:12,292 --> 00:08:13,694 Of course we do. 204 00:08:13,727 --> 00:08:14,662 Could you stop for a second, 205 00:08:14,695 --> 00:08:16,664 and think about the message you are sending? 206 00:08:16,697 --> 00:08:17,998 When you search the victim's house, 207 00:08:18,031 --> 00:08:19,132 that makes him look guilty. 208 00:08:19,166 --> 00:08:21,635 That isn't our intention, sir. 209 00:08:21,669 --> 00:08:22,636 You're not naive. 210 00:08:22,670 --> 00:08:24,905 What does this say to every Muslim in the city? 211 00:08:24,938 --> 00:08:27,641 Ed. Excuse me. 212 00:08:27,675 --> 00:08:30,143 Back of the closet, buried under clothes, 213 00:08:30,177 --> 00:08:32,112 pre-paid cell, untraceable. 214 00:08:32,145 --> 00:08:33,614 The Koran. 215 00:08:33,647 --> 00:08:36,116 The Koran's not news. It's a Muslim household. 216 00:08:36,149 --> 00:08:37,618 But inside, there are some folded papers. 217 00:08:37,651 --> 00:08:39,019 Extremist literature. 218 00:08:39,052 --> 00:08:40,120 Guys. 219 00:08:40,153 --> 00:08:42,623 32 cookies. All sites in Arabic. 220 00:08:42,656 --> 00:08:45,025 I checked the URLs against JTTF lists. 221 00:08:45,058 --> 00:08:47,260 A lot of these are anti-American sites. 222 00:08:49,697 --> 00:08:52,232 Anti-American web sites, extremist literature. 223 00:08:52,265 --> 00:08:54,067 You know where this is going. 224 00:08:54,101 --> 00:08:56,069 Don't put him in a suicide vest just yet. 225 00:08:56,103 --> 00:08:57,638 JTTF doesn't have Eric Khalaby 226 00:08:57,671 --> 00:08:59,206 on a single terrorist watch list. 227 00:08:59,239 --> 00:09:01,041 Well, neither were most of the guys from 9/11. 228 00:09:01,074 --> 00:09:03,343 Oh, so you're just gonna judge on color. 229 00:09:03,376 --> 00:09:05,112 You know what? 230 00:09:05,145 --> 00:09:06,647 Just forget I said anything. 231 00:09:06,680 --> 00:09:08,015 All right, I'll forget I'm black, 232 00:09:08,048 --> 00:09:09,349 and I'll forget you're white. 233 00:09:09,382 --> 00:09:11,652 What, I defend racial profiling, 234 00:09:11,685 --> 00:09:12,686 I'm a racist? 235 00:09:12,720 --> 00:09:13,987 You obviously have something to say, 236 00:09:14,021 --> 00:09:15,122 so just say it. 237 00:09:15,155 --> 00:09:16,323 Okay. 238 00:09:16,356 --> 00:09:17,725 You get pulled over by a cop 239 00:09:17,758 --> 00:09:19,192 just because you're black, that's wrong, 240 00:09:19,226 --> 00:09:20,594 and it sucks. [cell phone rings] 241 00:09:20,628 --> 00:09:22,262 But if I'm alone at 1:00 in the morning, 242 00:09:22,295 --> 00:09:24,297 and three black teenagers are walking towards me, 243 00:09:24,331 --> 00:09:25,999 I'm gonna cross the street. 244 00:09:26,033 --> 00:09:28,335 Hold on, I got a text. 245 00:09:28,368 --> 00:09:30,671 "The victim made five calls to other pre-paids. 246 00:09:30,704 --> 00:09:33,073 Called 911 day he was killed." 247 00:09:33,106 --> 00:09:35,609 Let's go to One-PP and listen to that switchboard tape. 248 00:09:35,643 --> 00:09:38,679 And don't worry, my ears are color blind. 249 00:09:38,712 --> 00:09:40,748 (Khalaby on tape, frantic) It's happening in 36 hours. You've got to stop them. 250 00:09:40,781 --> 00:09:43,050 I'm a good American. I didn't mean to get involved. 251 00:09:43,083 --> 00:09:44,284 Look, I can't talk right now, okay. 252 00:09:44,317 --> 00:09:45,485 (detective on tape) Look, we need you tonight. 253 00:09:45,518 --> 00:09:46,920 (Khalaby) No, not today. Tomorrow? 254 00:09:46,954 --> 00:09:48,789 (detective) 10:00 in the morning, Union Square, 255 00:09:48,822 --> 00:09:50,658 by the Hotel. 256 00:09:50,691 --> 00:09:51,591 I'll be in a blue suit. You can-- 257 00:09:51,625 --> 00:09:52,459 (Khalaby) Okay, I gotta go. 258 00:09:52,492 --> 00:09:54,194 [phone hangs up, recorder switched off] 259 00:09:54,227 --> 00:09:55,395 Khalaby didn't give his name. 260 00:09:55,428 --> 00:09:57,164 Not to the 911 operator, 261 00:09:57,197 --> 00:09:59,266 and not to the detective it was routed to. 262 00:09:59,299 --> 00:10:01,368 The detective made the meet. No one showed. 263 00:10:01,401 --> 00:10:03,737 He was already dead. I was wrong. 264 00:10:03,771 --> 00:10:06,740 This guy wasn't a terrorist. 265 00:10:06,774 --> 00:10:08,776 He was an informant. 266 00:10:13,246 --> 00:10:14,247 (Green) Khalaby said that something was gonna happen in 36 hours. 267 00:10:14,281 --> 00:10:15,248 That means tonight. 268 00:10:15,282 --> 00:10:16,149 (Cassady) You have any ideas? 269 00:10:16,183 --> 00:10:18,251 Web chatter, but basically, no, nothing. 270 00:10:18,285 --> 00:10:19,419 Most of these calls don't pan out. 271 00:10:19,452 --> 00:10:20,921 But this one, the second you heard his voice, 272 00:10:20,954 --> 00:10:22,355 you knew it was real. 273 00:10:22,389 --> 00:10:23,924 Marie, as soon as Agent Griggs gets here, 274 00:10:23,957 --> 00:10:25,358 can you send him in, please? 275 00:10:25,392 --> 00:10:27,995 It takes four minutes to trace a trunk line call. 276 00:10:28,028 --> 00:10:29,096 We didn't get it. 277 00:10:29,129 --> 00:10:31,131 Khalaby's second-generation American. 278 00:10:31,164 --> 00:10:33,000 Good job, good marriage-- 279 00:10:33,033 --> 00:10:34,401 How's he end up anywhere near 280 00:10:34,434 --> 00:10:36,103 a terrorist cell? 281 00:10:36,136 --> 00:10:38,906 Ordinary young men, here, Canada, Europe, 282 00:10:38,939 --> 00:10:40,440 they see recruiting tapes from Pakistan, Saudi: 283 00:10:40,473 --> 00:10:41,842 "Join us. 284 00:10:41,875 --> 00:10:42,976 Your country commits war crimes." 285 00:10:43,010 --> 00:10:44,011 You're telling me a recruiting tape 286 00:10:44,044 --> 00:10:46,814 turns normal American kids into bomb throwers? 287 00:10:46,847 --> 00:10:48,048 I'm guessing Khalaby put one foot in the door, 288 00:10:48,081 --> 00:10:50,317 then realized he'd made a mistake. 289 00:10:50,350 --> 00:10:52,019 So, he talks to a detective, the terrorists find out, 290 00:10:52,052 --> 00:10:53,320 and they kill him for being an informant. 291 00:10:53,353 --> 00:10:56,323 Using the white supremacist group as cover. 292 00:10:56,356 --> 00:10:57,424 Sorry I'm late. 293 00:10:57,457 --> 00:11:00,127 I'm running 117 actives. 294 00:11:00,160 --> 00:11:04,164 The point of origin on Khalaby's call to One-PP-- 295 00:11:04,197 --> 00:11:05,232 Araway Security. 296 00:11:05,265 --> 00:11:07,200 High-end security systems. 297 00:11:07,234 --> 00:11:09,336 Araway's on the client list of Khalaby's law firm. 298 00:11:09,369 --> 00:11:11,038 We called the firm. They didn't send him out there. 299 00:11:11,071 --> 00:11:12,906 Well, then, why was he there? 300 00:11:12,940 --> 00:11:15,042 We have 16 hours. Let's go. 301 00:11:17,310 --> 00:11:19,279 (Aldridge) We do work for the Port Authority. 302 00:11:19,312 --> 00:11:20,113 Subways, bridges. 303 00:11:20,147 --> 00:11:22,916 We manufacture and install cameras. 304 00:11:22,950 --> 00:11:24,251 Build network interfaces. 305 00:11:24,284 --> 00:11:25,953 City said we missed a couple. 306 00:11:25,986 --> 00:11:28,255 So they came to check the contracts. 307 00:11:28,288 --> 00:11:30,290 What's this about? 308 00:11:30,323 --> 00:11:32,459 Wait a minute. You said they came to check? 309 00:11:32,492 --> 00:11:34,327 Yeah, Eric and one of the associates. 310 00:11:34,361 --> 00:11:35,896 You remember this lawyer's name? 311 00:11:35,929 --> 00:11:36,897 I wasn't paying attention. 312 00:11:36,930 --> 00:11:38,098 I got video on the outside doors 313 00:11:38,131 --> 00:11:39,933 if you want to take a look. 314 00:11:39,967 --> 00:11:41,969 We make cameras. They're everywhere. 315 00:11:42,002 --> 00:11:46,339 (Aldridge) Here we go. Front lobby. 316 00:11:46,373 --> 00:11:49,142 (Cassady) Pause it. Can you blow that up? 317 00:11:49,176 --> 00:11:50,978 Sure. 318 00:11:51,011 --> 00:11:52,245 (Green) That's our friend from the restaurant. 319 00:11:52,279 --> 00:11:53,981 The one that had the argument with Eric. 320 00:11:54,014 --> 00:11:55,348 Ben Faoud. (Paulsen) You have audio? 321 00:11:55,382 --> 00:11:57,517 Uh, yeah, sure. 322 00:11:57,550 --> 00:11:58,986 (woman at front desk) You sure you have an appointment for today? 323 00:11:59,019 --> 00:12:00,053 Yes. 324 00:12:00,087 --> 00:12:02,255 And where did you say you were from? 325 00:12:02,289 --> 00:12:04,357 We're from Hoffman, Gold. 326 00:12:04,391 --> 00:12:05,358 Let me call Mr. Aldridge. 327 00:12:05,392 --> 00:12:06,259 I don't see you here on the list. 328 00:12:06,293 --> 00:12:08,996 Our appointment is for today. 329 00:12:09,029 --> 00:12:10,263 Okay, stop it. 330 00:12:10,297 --> 00:12:11,498 Can you get us a copy of that audio? 331 00:12:11,531 --> 00:12:14,234 Sure. Not a problem. 332 00:12:14,267 --> 00:12:15,936 We should try to match this audio 333 00:12:15,969 --> 00:12:19,172 to the voices on that beheading tape. 334 00:12:19,206 --> 00:12:22,009 (man from beheading video) You cheer when our GIs die in Iraq. 335 00:12:22,042 --> 00:12:24,044 Why live in our country if you hate our way of life? 336 00:12:24,077 --> 00:12:26,279 From the Araway security lobby. 337 00:12:26,313 --> 00:12:28,115 (Faoud, on tape) Our appointment is for today. [cell phone rings] 338 00:12:28,148 --> 00:12:31,418 (Morales) We get the word "our" in similar context. 339 00:12:31,451 --> 00:12:33,286 (man in beheading video) Why live in our country if you hate our way of life? 340 00:12:33,320 --> 00:12:35,088 (Faoud) Our appointment is for today. 341 00:12:35,122 --> 00:12:39,292 [both sound bites played simultaneously] 342 00:12:39,326 --> 00:12:41,094 (Morales) Not even close to the frequency patterns. 343 00:12:41,128 --> 00:12:42,629 It's not this guy. Try the second guy. 344 00:12:42,662 --> 00:12:44,564 (second man in beheading video) You think we're scared 345 00:12:44,597 --> 00:12:46,299 of your jihad? 346 00:12:46,333 --> 00:12:47,500 After today-- 347 00:12:47,534 --> 00:12:49,970 (Faoud) Our appointment is for today. 348 00:12:50,003 --> 00:12:52,305 [sound bites played simultaneously] 349 00:12:52,339 --> 00:12:54,307 "Today's" nearly identical. 350 00:12:54,341 --> 00:12:56,476 If the context was better, they would be identical. 351 00:12:56,509 --> 00:12:58,178 Good enough for probable cause. 352 00:12:58,211 --> 00:13:00,313 The FBI staked out the restaurant. 353 00:13:00,347 --> 00:13:01,949 Ben didn't show up for work, 354 00:13:01,982 --> 00:13:03,550 and he is not at his apartment. 355 00:13:07,187 --> 00:13:08,455 (Paulsen) Nothing personal here. 356 00:13:08,488 --> 00:13:10,457 No family photos, travel souvenirs, nothing. 357 00:13:10,490 --> 00:13:11,458 He travels light. 358 00:13:11,491 --> 00:13:12,492 Look, found his passport. 359 00:13:12,525 --> 00:13:13,961 Your boy gets around. 360 00:13:13,994 --> 00:13:17,064 "Afghanistan, Syria, Pakistan." 361 00:13:17,097 --> 00:13:19,099 I mean, these ain't your basic vacation spots. 362 00:13:19,132 --> 00:13:21,001 Geraldo would be proud. 363 00:13:21,034 --> 00:13:22,335 These were all under the floor boards. 364 00:13:22,369 --> 00:13:24,972 Dozens of cell phone SIM cards. 365 00:13:25,005 --> 00:13:27,207 And schematics for a Stinger missile 366 00:13:27,240 --> 00:13:30,343 shoulder launcher. 367 00:13:30,377 --> 00:13:31,979 (Paulsen) The schematics are real. 368 00:13:32,012 --> 00:13:33,246 Not some how-to off the Internet. 369 00:13:33,280 --> 00:13:34,281 But I don't know where he got 'em. 370 00:13:34,314 --> 00:13:35,515 He's not on any watch lists. 371 00:13:35,548 --> 00:13:37,184 Look, I'm still at One-PP. 372 00:13:37,217 --> 00:13:39,086 Could you call me on my cell phone? 373 00:13:39,119 --> 00:13:41,088 Anti-crime, FBI, JTTF-- 374 00:13:41,121 --> 00:13:44,124 We've got eyes all over this city. 375 00:13:44,157 --> 00:13:44,925 He's bound to show up somewhere. 376 00:13:44,958 --> 00:13:46,393 Homeland Security turned these up 377 00:13:46,426 --> 00:13:48,028 while tracking other people. 378 00:13:48,061 --> 00:13:48,962 Ben, Chicago. 379 00:13:48,996 --> 00:13:51,064 Lecture on the oppression of Arab peoples. 380 00:13:51,098 --> 00:13:53,200 Heathrow, on his way to Damascus. 381 00:13:53,233 --> 00:13:54,301 But basically, he's N.O.R.A. 382 00:13:54,334 --> 00:13:58,105 N.O.R.A.-- Nothing on record against? 383 00:13:58,138 --> 00:13:59,206 Yeah, if he's turned active, 384 00:13:59,239 --> 00:14:01,141 it's a cell of two or three at most. 385 00:14:01,174 --> 00:14:02,209 We have five hours. 386 00:14:02,242 --> 00:14:05,012 Araway has 20,000 cameras surveilling 2,000 sites. 387 00:14:05,045 --> 00:14:06,013 Any of those places could be a target. 388 00:14:06,046 --> 00:14:07,380 [cell phone rings] If he knows we're onto him, 389 00:14:07,414 --> 00:14:08,381 does he back down? (Van Buren, on phone) Van Buren. 390 00:14:08,415 --> 00:14:10,483 (Paulsen) I wouldn't count on it. 391 00:14:10,517 --> 00:14:13,586 Where? How good's the I.D.? 392 00:14:13,620 --> 00:14:14,621 Thanks. 393 00:14:14,654 --> 00:14:15,822 Anti-crime, 394 00:14:15,855 --> 00:14:18,058 sitting on the Crescent Sun mosque in Masbeth, 395 00:14:18,091 --> 00:14:20,327 just I.D.ed Ben Faoud going in. 396 00:14:20,360 --> 00:14:22,229 Let's get a team out there. 397 00:14:28,601 --> 00:14:29,569 (Cassady) They're locking the doors. 398 00:14:29,602 --> 00:14:30,570 All the lights are out. 399 00:14:30,603 --> 00:14:32,639 Anti-crime says he went in. 400 00:14:32,672 --> 00:14:34,474 (Van Buren) And every set of eyes we have out there says 401 00:14:34,507 --> 00:14:35,675 he never came out. 402 00:14:35,708 --> 00:14:38,478 Bring up the heat sensor. 403 00:14:38,511 --> 00:14:41,281 (male voice) Activate the thermal image units, see what you got. 404 00:14:41,314 --> 00:14:44,484 (Rawlings, over radio) I got water pipes, radiator. 405 00:14:44,517 --> 00:14:47,287 Nothin'. 406 00:14:47,320 --> 00:14:50,123 Wait, I got him. 407 00:14:51,224 --> 00:14:55,462 Two bodies... going down the stairs. 408 00:14:55,495 --> 00:14:57,064 East corner. 409 00:14:57,097 --> 00:14:59,166 I still can't believe we're storming a mosque. 410 00:14:59,199 --> 00:15:00,300 If we were looking for any fugitive 411 00:15:00,333 --> 00:15:01,334 in any other place, 412 00:15:01,368 --> 00:15:02,469 we'd do the same thing. 413 00:15:02,502 --> 00:15:05,105 We need the warrant to go inside. 414 00:15:05,138 --> 00:15:06,439 (Van Buren) Signed? 415 00:15:06,473 --> 00:15:09,576 Thanks. We got the search warrant. 416 00:15:09,609 --> 00:15:11,578 Hit it. 417 00:15:13,580 --> 00:15:15,248 Police! Search warrant! 418 00:15:19,219 --> 00:15:21,321 Hold your fire! Hold your fire! 419 00:15:21,354 --> 00:15:23,323 Don't shoot! I'm coming out! 420 00:15:23,356 --> 00:15:25,258 Freeze! Hands in the air! 421 00:15:25,292 --> 00:15:26,426 Don't move! Don't shoot! 422 00:15:26,459 --> 00:15:27,627 Turn around! I'm not armed. 423 00:15:27,660 --> 00:15:28,628 All clear! 424 00:15:28,661 --> 00:15:29,629 Get down! 425 00:15:29,662 --> 00:15:31,231 Get down on the ground now! 426 00:15:31,264 --> 00:15:32,265 Put your face on the ground. 427 00:15:33,633 --> 00:15:35,602 You're under arrest for the murder of Eric Khalaby. 428 00:15:35,635 --> 00:15:36,769 You have the right to remain silent. 429 00:15:36,803 --> 00:15:38,705 Anything you say can be used against you in a court of law. 430 00:15:38,738 --> 00:15:40,207 You have the right to an attorney. 431 00:15:40,240 --> 00:15:41,374 If you cannot afford one, 432 00:15:41,408 --> 00:15:43,610 one will be provided for you. 433 00:15:43,643 --> 00:15:45,112 Eric was my friend. 434 00:15:45,145 --> 00:15:46,546 Why on God's earth would I hurt him? 435 00:15:46,579 --> 00:15:48,181 Because he warned the police 436 00:15:48,215 --> 00:15:50,217 about your plan to use Stinger missiles. 437 00:15:50,250 --> 00:15:52,352 Your voice matches the one on the video tape. 438 00:15:52,385 --> 00:15:53,420 You had the knife in your hand, 439 00:15:53,453 --> 00:15:55,255 and this is only going to make the I.D. clearer. 440 00:15:55,288 --> 00:15:56,656 What are you people talking about? 441 00:15:56,689 --> 00:15:59,126 Eric was murdered by white racists. 442 00:15:59,159 --> 00:16:01,228 Do white racists distribute DVDs 443 00:16:01,261 --> 00:16:03,363 of beheadings to deter informants? 444 00:16:03,396 --> 00:16:04,297 20 of 'em, Ben, 445 00:16:04,331 --> 00:16:07,334 found in your backpack inside the mosque. 446 00:16:07,367 --> 00:16:09,736 You put 'em on the street, the people get your message. 447 00:16:09,769 --> 00:16:11,171 You're insane. 448 00:16:11,204 --> 00:16:12,639 The DVDs belonged to Ray Al-Sini. 449 00:16:12,672 --> 00:16:15,242 You people shot him dead at the mosque. 450 00:16:15,275 --> 00:16:16,443 You saw him. He was a wack job. 451 00:16:16,476 --> 00:16:17,344 He was nuts. 452 00:16:17,377 --> 00:16:21,648 Where are you hiding the Stingers, Ben? 453 00:16:21,681 --> 00:16:25,218 I swear, I don't know what you're talking about. 454 00:16:25,252 --> 00:16:27,354 [cell phone rings] 455 00:16:31,691 --> 00:16:34,661 TARU broke Mr. Faoud's laptop encryption. 456 00:16:34,694 --> 00:16:37,397 Snub drive in the computer itself. 457 00:16:37,430 --> 00:16:41,534 (Cassady) Pier 12. Port of New York. 458 00:16:41,568 --> 00:16:42,669 Someone wanted to get on those docks 459 00:16:42,702 --> 00:16:43,803 without being seen. 460 00:16:43,836 --> 00:16:45,272 That's what Khalaby knew. 461 00:16:45,305 --> 00:16:46,506 That Faoud was trying to bring something 462 00:16:46,539 --> 00:16:47,540 through the ports. 463 00:16:47,574 --> 00:16:48,341 Hold on, guys. 464 00:16:48,375 --> 00:16:49,576 This steps on a bigger operation 465 00:16:49,609 --> 00:16:50,677 already in progress. 466 00:16:50,710 --> 00:16:52,445 Griggs, what are you talking about? 467 00:16:52,479 --> 00:16:53,680 Three days ago, the merchant ship Sea Angel docked 468 00:16:53,713 --> 00:16:54,681 from London. 469 00:16:54,714 --> 00:16:56,283 We've had it staked out 470 00:16:56,316 --> 00:16:57,584 since it arrived into port. 471 00:16:57,617 --> 00:16:59,686 Somebody was supposed to pick up a package. 472 00:16:59,719 --> 00:17:01,454 What kind of package? 473 00:17:01,488 --> 00:17:03,690 I'll be moving Mr. Faoud to the federal facility 474 00:17:03,723 --> 00:17:04,691 on Church Street. 475 00:17:04,724 --> 00:17:07,727 He's already been booked by NYPD. 476 00:17:07,760 --> 00:17:09,629 Unbook him. 477 00:17:13,466 --> 00:17:15,468 I'll call Jack McCoy. 478 00:17:17,604 --> 00:17:19,506 (Shenkler) We asked the NYPD 479 00:17:19,539 --> 00:17:21,774 for custody of Mr. Faoud. 480 00:17:21,808 --> 00:17:23,710 We heard you advised against that. 481 00:17:23,743 --> 00:17:26,546 No, I said it wasn't resolved. 482 00:17:26,579 --> 00:17:27,580 We're taking jurisdiction. 483 00:17:27,614 --> 00:17:29,316 A package came in to Pier 12, 484 00:17:29,349 --> 00:17:30,583 we believe for Mr. Faoud. 485 00:17:30,617 --> 00:17:32,252 What makes you think it's for him? 486 00:17:32,285 --> 00:17:34,421 Two of his relatives helped ship the package. 487 00:17:34,454 --> 00:17:36,289 We heard it was Stinger missiles. 488 00:17:37,657 --> 00:17:39,592 The Attorney General gives you 489 00:17:39,626 --> 00:17:42,429 limited security clearance for today only. 490 00:17:42,462 --> 00:17:44,831 It was two pounds of U-235 uranium. 491 00:17:44,864 --> 00:17:46,699 Most likely shipped from an arms factory 492 00:17:46,733 --> 00:17:47,867 just outside of London. 493 00:17:47,900 --> 00:17:49,302 Put a pound of that in a suitcase 494 00:17:49,336 --> 00:17:50,370 with a couple of sticks of dynamite, 495 00:17:50,403 --> 00:17:51,738 explode the suitcase. 496 00:17:51,771 --> 00:17:55,642 You'll have radioactive dust spread for miles. 497 00:17:55,675 --> 00:17:57,244 Do it in a subway, 498 00:17:57,277 --> 00:17:58,478 the tunnels will be radioactive 499 00:17:58,511 --> 00:17:59,746 for 20 or 30 years. 500 00:17:59,779 --> 00:18:01,481 British intel got in early 501 00:18:01,514 --> 00:18:04,551 and replaced the uranium with a dummy drop. 502 00:18:04,584 --> 00:18:06,753 So if I understand correctly, 503 00:18:06,786 --> 00:18:08,855 you don't have a strong case? 504 00:18:08,888 --> 00:18:10,757 If I'm wrong, 505 00:18:10,790 --> 00:18:12,725 Faoud's all yours. 506 00:18:12,759 --> 00:18:16,763 Apparently I'm not, so let's be honest. 507 00:18:16,796 --> 00:18:18,431 We treat him fairly, 508 00:18:18,465 --> 00:18:20,333 or we turn him into a folk hero. 509 00:18:20,367 --> 00:18:22,269 Jack, let's take a walk. 510 00:18:25,338 --> 00:18:28,708 Well, you're not wrong. 511 00:18:28,741 --> 00:18:32,312 Can Faoud lead you to other terrorists? 512 00:18:32,345 --> 00:18:36,283 On the record... anything's possible. 513 00:18:36,316 --> 00:18:39,552 Off the record, it's a two-man cell. 514 00:18:39,586 --> 00:18:41,421 He's number two. No one below them. 515 00:18:41,454 --> 00:18:42,655 And they never let 'em meet anyone above. 516 00:18:42,689 --> 00:18:45,592 He's a baby terrorist, Warren. 517 00:18:45,625 --> 00:18:48,661 Behind bars, he doesn't get to grow up. 518 00:18:48,695 --> 00:18:49,762 Tell this to the FBI, 519 00:18:49,796 --> 00:18:51,564 he goes away 25 to life. 520 00:18:51,598 --> 00:18:54,634 That's enough leverage to find out anything he knows. 521 00:18:56,703 --> 00:18:58,671 One problem. 522 00:18:58,705 --> 00:19:00,507 You can't mention the uranium at trial. 523 00:19:00,540 --> 00:19:02,542 Your security clearance was only good for today. 524 00:19:02,575 --> 00:19:04,677 Uranium gives us motive. 525 00:19:04,711 --> 00:19:05,678 This one the FBI wins. 526 00:19:05,712 --> 00:19:06,679 You mention uranium at trial, 527 00:19:06,713 --> 00:19:09,449 you violate the National Security Act of 1947. 528 00:19:09,482 --> 00:19:11,951 Then I'll have to prosecute you. 529 00:19:11,984 --> 00:19:14,721 I won't like it, but I'll do it. 530 00:19:21,894 --> 00:19:23,463 Docket number 0742193, 531 00:19:23,496 --> 00:19:25,232 The People vs. Benjamin Faoud. 532 00:19:25,265 --> 00:19:26,799 The charge is murder in the first degree. 533 00:19:26,833 --> 00:19:28,968 Your Honor, before we go further, 534 00:19:29,001 --> 00:19:30,002 we've all seen a videotape 535 00:19:30,036 --> 00:19:31,938 that actually tells us who murdered Eric Khalaby. 536 00:19:31,971 --> 00:19:34,274 My client's here for one reason. 537 00:19:34,307 --> 00:19:36,409 Muslims are being singled out for persecution. 538 00:19:36,443 --> 00:19:38,278 (judge) Nice speech, Mr. Robinette. 539 00:19:38,311 --> 00:19:40,213 Let's move on. How does the defendant plead? 540 00:19:40,247 --> 00:19:41,548 Not guilty. 541 00:19:41,581 --> 00:19:43,283 Judge, you have before you a request 542 00:19:43,316 --> 00:19:45,418 for the Imam of my client's mosque to speak. 543 00:19:45,452 --> 00:19:48,221 By all means, Mr. Robinette. 544 00:19:51,023 --> 00:19:52,792 Your Honor, sir, 545 00:19:52,825 --> 00:19:54,527 I have known Mr. Faoud many years 546 00:19:54,561 --> 00:19:55,862 as a good and decent man. 547 00:19:55,895 --> 00:19:58,898 He is a respected member of our community. 548 00:19:58,931 --> 00:20:00,400 He gives time to our mosque, 549 00:20:00,433 --> 00:20:02,369 to our religious instruction. 550 00:20:02,402 --> 00:20:04,003 And if you release him to my custody, 551 00:20:04,036 --> 00:20:06,306 I can guarantee his return. 552 00:20:06,339 --> 00:20:07,574 The court appreciates your obvious sincerity, 553 00:20:07,607 --> 00:20:09,576 but you have no way to guarantee 554 00:20:09,609 --> 00:20:10,543 Mr. Faoud's appearance. 555 00:20:10,577 --> 00:20:12,579 And the law requires I do that. 556 00:20:12,612 --> 00:20:14,514 So I'll have to ask you to take your seat. 557 00:20:14,547 --> 00:20:17,317 [shouting in Arabic] 558 00:20:17,350 --> 00:20:18,885 [shouting stops] 559 00:20:20,553 --> 00:20:21,754 My apologies. 560 00:20:21,788 --> 00:20:23,523 Thank you. 561 00:20:23,556 --> 00:20:26,393 Let's move on. 562 00:20:26,426 --> 00:20:27,260 The People ask for remand. 563 00:20:27,294 --> 00:20:29,529 The defendant is an obvious flight risk. 564 00:20:29,562 --> 00:20:31,464 Because he travels a lot? 565 00:20:31,498 --> 00:20:32,532 Because he travels to places where people 566 00:20:32,565 --> 00:20:33,533 can disappear easily, 567 00:20:33,566 --> 00:20:35,902 and where known terrorists have been trained. 568 00:20:35,935 --> 00:20:38,805 So if I go to the cradle of civilization on vacation, 569 00:20:38,838 --> 00:20:39,872 that makes me a terrorist? 570 00:20:39,906 --> 00:20:42,342 Judge, the prosecutor has no evidence 571 00:20:42,375 --> 00:20:43,175 for the alleged motive for the crime. 572 00:20:43,209 --> 00:20:44,544 We'll leave that to the trial judge. 573 00:20:44,577 --> 00:20:45,612 The defendant is remanded. 574 00:20:45,645 --> 00:20:47,480 Mr. Robinette, 575 00:20:47,514 --> 00:20:50,016 be sure to call me the next time you go to Kabul 576 00:20:50,049 --> 00:20:52,385 on vacation. [bangs gavel] 577 00:20:55,021 --> 00:20:56,356 Robinette went straight for motive, 578 00:20:56,389 --> 00:20:58,024 even at the arraignment. 579 00:20:58,057 --> 00:21:00,893 Well, Robinette used to work in this office. 580 00:21:00,927 --> 00:21:04,531 You think that he can't spot the holes in a case? 581 00:21:04,564 --> 00:21:08,401 Your victim was an informant. 582 00:21:08,435 --> 00:21:10,803 The jury needs to know what he was informing on 583 00:21:10,837 --> 00:21:11,971 to know why he was killed. 584 00:21:12,004 --> 00:21:14,841 We'll work around it. We have to. 585 00:21:14,874 --> 00:21:16,943 Terrorism's your motive. 586 00:21:16,976 --> 00:21:19,412 That's what Khalaby was informing on. 587 00:21:19,446 --> 00:21:21,848 This trial can't be about terrorism. 588 00:21:21,881 --> 00:21:22,915 Too late. 589 00:21:22,949 --> 00:21:24,050 To prove the man's a murderer, 590 00:21:24,083 --> 00:21:26,453 first you've gotta prove he's a terrorist. 591 00:21:26,486 --> 00:21:29,456 The question is, if the FBI couldn't prove terrorism, 592 00:21:29,489 --> 00:21:30,823 how are you going to? 593 00:21:30,857 --> 00:21:32,559 His voice on the tape. 594 00:21:32,592 --> 00:21:34,627 The pictures of Pier 12. 595 00:21:34,661 --> 00:21:37,530 The beheading DVDs. The jury will figure it out. 596 00:21:37,564 --> 00:21:39,098 Don't count on the DVDs. 597 00:21:39,131 --> 00:21:40,467 Motion to suppress. 598 00:21:40,500 --> 00:21:42,101 They're arguing the heat sensor violates 599 00:21:42,134 --> 00:21:43,536 the Fourth Amendment. 600 00:21:43,570 --> 00:21:45,905 The Kyllo decision doesn't apply. 601 00:21:45,938 --> 00:21:47,874 Paul Robinette can argue that it does. 602 00:21:47,907 --> 00:21:50,377 And he has a most forceful authority 603 00:21:50,410 --> 00:21:52,078 on his side. 604 00:21:52,111 --> 00:21:53,546 The Supreme Court, 605 00:21:53,580 --> 00:21:57,884 in the person of Mr. Justice Antonin Scalia. 606 00:22:00,520 --> 00:22:02,489 (Judge Sirkin) Scalia, who would've thunk? 607 00:22:02,522 --> 00:22:04,424 Nino on the side of defendants. 608 00:22:04,457 --> 00:22:06,092 The Kyllo decision was narrow. 609 00:22:06,125 --> 00:22:07,694 What's narrow? 610 00:22:07,727 --> 00:22:09,128 "It would be foolish to contend that 611 00:22:09,161 --> 00:22:11,398 "the degree of privacy secured to citizens 612 00:22:11,431 --> 00:22:12,565 "by the Fourth Amendment 613 00:22:12,599 --> 00:22:13,933 "has been entirely unaffected 614 00:22:13,966 --> 00:22:15,868 by the advance of technology." 615 00:22:15,902 --> 00:22:18,405 He said heat sensors violate the Fourth Amendment prohibition 616 00:22:18,438 --> 00:22:19,706 against unreasonable search. 617 00:22:19,739 --> 00:22:21,541 It's like tapping a phone. 618 00:22:21,574 --> 00:22:23,009 Want to listen? Get a warrant. 619 00:22:23,042 --> 00:22:25,077 And the cops at the Crescent mosque didn't 620 00:22:25,111 --> 00:22:26,613 till after the heat sensor. 621 00:22:26,646 --> 00:22:28,715 The hear sensor gave them probable cause 622 00:22:28,748 --> 00:22:30,383 to get the search warrant. 623 00:22:30,417 --> 00:22:34,621 The opinion mentions the word "home" 67 times. 624 00:22:34,654 --> 00:22:36,122 Jack, a search is a search. 625 00:22:36,155 --> 00:22:38,658 A man's home is his castle. That's the decision. 626 00:22:38,691 --> 00:22:41,594 Nowhere are the words mosque, synagogue, or church. 627 00:22:41,628 --> 00:22:42,895 Would the cops us a heat sensor 628 00:22:42,929 --> 00:22:43,963 at a church? 629 00:22:43,996 --> 00:22:45,598 No. But Muslims have no rights. 630 00:22:45,632 --> 00:22:47,667 It should all be thrown out, including the arrest. 631 00:22:47,700 --> 00:22:48,668 Mr. Robinette, 632 00:22:48,701 --> 00:22:51,037 the cops could've waited all night to arrest him. 633 00:22:51,070 --> 00:22:52,171 Inevitable result, 634 00:22:52,204 --> 00:22:53,473 he'd have come out eventually. 635 00:22:53,506 --> 00:22:56,142 The DVDs are purely fruit of the search. 636 00:22:56,175 --> 00:22:58,911 The arrest is in. The DVDs are out. 637 00:23:01,047 --> 00:23:02,515 Really? 638 00:23:02,549 --> 00:23:05,084 When is she scheduled? 639 00:23:05,117 --> 00:23:06,152 Let me-- 640 00:23:06,185 --> 00:23:08,154 Let me call you right back. 641 00:23:08,187 --> 00:23:11,157 Diane Khalaby was just put on Ben Faoud's visitors list. 642 00:23:11,190 --> 00:23:13,760 She's on her way to Rikers with the Imam. 643 00:23:13,793 --> 00:23:16,162 What does she want with her husband's killer? 644 00:23:16,195 --> 00:23:18,431 No, what does he want from her? 645 00:23:18,465 --> 00:23:21,468 Tell Rikers to get it on tape. 646 00:23:23,169 --> 00:23:25,204 (Mrs. Khalaby) They say that's you holding the knife. 647 00:23:25,237 --> 00:23:27,006 They say you killed Eric. 648 00:23:27,039 --> 00:23:28,475 You believe them? 649 00:23:28,508 --> 00:23:30,009 Tapes can be altered. 650 00:23:30,042 --> 00:23:31,143 The police will do anything 651 00:23:31,177 --> 00:23:32,645 to protect the real killers. 652 00:23:32,679 --> 00:23:34,947 What's he getting out of this? 653 00:23:34,981 --> 00:23:37,049 They say you were making a bomb. 654 00:23:37,083 --> 00:23:39,051 Diane, don't let them divide us. 655 00:23:39,085 --> 00:23:41,954 What do I know about making bombs? 656 00:23:45,692 --> 00:23:48,060 That night he left-- 657 00:23:50,530 --> 00:23:52,499 I'm sorry for thinking you could do this. 658 00:23:52,532 --> 00:23:54,801 Tell me she doesn't believe him. 659 00:23:54,834 --> 00:23:56,469 (Faoud) Imam Ibrahim will tell you, 660 00:23:56,503 --> 00:23:58,237 I couldn't have killed Eric. 661 00:23:58,270 --> 00:24:02,174 I was with the Imam that night. 662 00:24:02,208 --> 00:24:05,545 Tell her, Imam Ibrahim. 663 00:24:05,578 --> 00:24:08,681 (McCoy) What's he waiting for? 664 00:24:08,715 --> 00:24:12,685 Yes, Diane, Ben was at the mosque. 665 00:24:12,719 --> 00:24:15,021 He's a lousy liar. 666 00:24:15,054 --> 00:24:16,589 Think he'll lie on the stand? [telephone rings] 667 00:24:16,623 --> 00:24:18,224 I never bet against cultural ties. 668 00:24:20,760 --> 00:24:23,496 This is Connie. 669 00:24:23,530 --> 00:24:26,098 Absolutely. We'll be right there. 670 00:24:26,132 --> 00:24:28,467 Arthur wants us right away. 671 00:24:30,069 --> 00:24:33,740 We sure didn't leak it. That leaves you. 672 00:24:33,773 --> 00:24:35,842 Ask the reporter. He's not talking. 673 00:24:35,875 --> 00:24:38,144 You're accusing my people, Warren, 674 00:24:38,177 --> 00:24:39,846 and I'm not too fond of your manners. 675 00:24:39,879 --> 00:24:42,582 Now, no one here spoke to that reporter. 676 00:24:42,615 --> 00:24:44,116 If you think we would risk national security 677 00:24:44,150 --> 00:24:45,785 to win a murder trial-- 678 00:24:45,818 --> 00:24:46,786 You were in trouble with motive. 679 00:24:46,819 --> 00:24:47,854 What was Khalaby going to reveal? 680 00:24:47,887 --> 00:24:50,289 Uranium. Now it's out. 681 00:24:50,322 --> 00:24:52,224 Cui bono. Who benefits? 682 00:24:52,258 --> 00:24:55,795 The Attorney General says you benefit. 683 00:24:55,828 --> 00:24:58,731 You know, talk is like thunder. 684 00:24:58,765 --> 00:25:00,600 Loud and harmless. 685 00:25:00,633 --> 00:25:02,134 So unless you've got a search warrant, 686 00:25:02,168 --> 00:25:04,203 I suggest you get the hell out of my office. 687 00:25:04,236 --> 00:25:05,838 The FBI's out for blood. 688 00:25:05,872 --> 00:25:11,043 And I hope to God it's not yours. 689 00:25:13,613 --> 00:25:16,115 Tell me I didn't just lie to him. 690 00:25:16,148 --> 00:25:17,550 I wouldn't do this. 691 00:25:17,584 --> 00:25:18,718 Absolutely not. 692 00:25:18,751 --> 00:25:23,055 If we didn't leak this story, who did? 693 00:25:26,258 --> 00:25:28,194 (Morales) We have a 95% voice match. 694 00:25:28,227 --> 00:25:30,096 Mr. Faoud's voice is on the tape of the beheading. 695 00:25:30,129 --> 00:25:32,131 95%? 696 00:25:32,164 --> 00:25:33,165 What about the other five? 697 00:25:33,199 --> 00:25:35,568 That's our margin of error. 698 00:25:35,602 --> 00:25:37,236 Easy for you to say. You're not on trial. 699 00:25:37,269 --> 00:25:38,771 The tape was in the TV station 700 00:25:38,805 --> 00:25:39,839 for three hours. 701 00:25:39,872 --> 00:25:41,107 Could the voice be changed? 702 00:25:41,140 --> 00:25:42,208 No. 703 00:25:42,241 --> 00:25:43,776 I think I'd be able to tell. 704 00:25:43,810 --> 00:25:44,777 You think? 705 00:25:44,811 --> 00:25:46,779 And 95%. 706 00:25:46,813 --> 00:25:48,648 For a man sure of himself, 707 00:25:48,681 --> 00:25:50,583 your words indicate a lot of doubt. 708 00:25:50,617 --> 00:25:52,118 No further questions. 709 00:25:52,151 --> 00:25:54,320 (Judge Sirkin) We're in recess until tomorrow morning. 710 00:25:54,353 --> 00:25:56,823 [gavel bangs] 711 00:25:59,225 --> 00:26:02,294 What? Diane Khalaby's not in court. 712 00:26:02,328 --> 00:26:03,830 She's not on our witness list, 713 00:26:03,863 --> 00:26:05,164 and she's not on theirs. 714 00:26:05,197 --> 00:26:07,099 You'd think she'd want to be here. 715 00:26:09,936 --> 00:26:13,339 I'd rather not be in the courtroom, that's all. 716 00:26:13,372 --> 00:26:15,307 I need to move on with my life. 717 00:26:15,341 --> 00:26:18,210 How can you move on from this? 718 00:26:20,412 --> 00:26:23,315 Mrs. Khalaby? 719 00:26:25,718 --> 00:26:28,755 Mrs. Khalaby, we're on your side. 720 00:26:33,392 --> 00:26:36,696 Eric was going through a bad time. 721 00:26:36,729 --> 00:26:39,699 A woman spit on him in the subway. 722 00:26:39,732 --> 00:26:40,900 They searched him at the airport. 723 00:26:40,933 --> 00:26:43,235 Twice. 724 00:26:43,269 --> 00:26:45,905 Then one night, I found him watching 725 00:26:45,938 --> 00:26:49,208 these terrorist recruiting tapes. 726 00:26:49,241 --> 00:26:51,277 Did you ask about them? 727 00:26:51,310 --> 00:26:56,148 Then he started disappearing at night. 728 00:26:56,182 --> 00:26:57,416 It lasted a few weeks. 729 00:26:57,449 --> 00:27:00,820 He said it was a moment of weakness. 730 00:27:00,853 --> 00:27:04,390 He got caught up with the wrong people. 731 00:27:04,423 --> 00:27:05,992 He said they were insane. 732 00:27:06,025 --> 00:27:09,161 Suitcase bombs. Blowing up bridges. 733 00:27:09,195 --> 00:27:11,931 Your cousin Ben was one of them. 734 00:27:17,804 --> 00:27:20,172 He never mentioned Ben's name. 735 00:27:22,374 --> 00:27:25,177 Then he called from the office. 736 00:27:25,211 --> 00:27:28,748 It was a few days later he-- 737 00:27:28,781 --> 00:27:30,316 He said it was over. 738 00:27:30,349 --> 00:27:31,818 He said he'd called the police. 739 00:27:31,851 --> 00:27:33,452 He was going to meet them. 740 00:27:33,485 --> 00:27:35,755 I was so afraid. 741 00:27:35,788 --> 00:27:37,757 You didn't trust the police? 742 00:27:37,790 --> 00:27:39,258 They could send him to Guantanamo. 743 00:27:39,291 --> 00:27:40,960 They could kill him. 744 00:27:40,993 --> 00:27:43,830 I called my cousin Ben. 745 00:27:43,863 --> 00:27:45,231 I said Eric was mixed up with terrorists. 746 00:27:45,264 --> 00:27:46,733 He was going to meet the police. 747 00:27:46,766 --> 00:27:49,769 Ben had to do something. He had to protect him. 748 00:27:49,802 --> 00:27:51,003 He said he would. 749 00:27:54,406 --> 00:27:57,777 Now I know where Eric went that night. 750 00:27:57,810 --> 00:27:59,478 Not to the office. 751 00:27:59,511 --> 00:28:02,014 He was lying. 752 00:28:02,048 --> 00:28:04,350 Don't you see? 753 00:28:04,383 --> 00:28:06,819 I told Ben everything. 754 00:28:06,853 --> 00:28:10,857 If I hadn't called him, my husband would still be alive. 755 00:28:10,890 --> 00:28:14,693 What makes you sure it was Ben who killed your husband? 756 00:28:16,963 --> 00:28:21,033 After Eric left that night, 757 00:28:21,067 --> 00:28:24,871 I-I called the Imam. 758 00:28:24,904 --> 00:28:28,074 He told me to go to the mosque to pray. 759 00:28:28,107 --> 00:28:30,409 I was there till 4:00 in the morning. 760 00:28:30,442 --> 00:28:32,779 Ben was never there. 761 00:28:32,812 --> 00:28:35,915 But he told the Imam to say he was. 762 00:28:38,517 --> 00:28:40,286 We need to go over this carefully 763 00:28:40,319 --> 00:28:42,388 so you'll be prepared when you testify. 764 00:28:43,990 --> 00:28:45,391 Testify? 765 00:28:45,424 --> 00:28:47,059 Don't be absurd. 766 00:28:47,093 --> 00:28:49,862 You were at the mosque. 767 00:28:49,896 --> 00:28:53,432 I've lost my husband... Ben... 768 00:28:53,465 --> 00:28:57,469 And now I've lost my Imam. 769 00:28:57,503 --> 00:29:00,907 He'll lie to protect these people. 770 00:29:00,940 --> 00:29:04,010 Should I turn against my Imam? 771 00:29:04,043 --> 00:29:08,280 All I have left is this community. 772 00:29:08,314 --> 00:29:10,316 I can't give that up. 773 00:29:20,226 --> 00:29:21,260 (Robinette) Your cousins who were arrested. 774 00:29:21,293 --> 00:29:22,094 Do you know what they were smuggling? 775 00:29:22,128 --> 00:29:24,363 The newspaper said it was uranium. 776 00:29:24,396 --> 00:29:26,833 What do you know about uranium? 777 00:29:26,866 --> 00:29:27,834 I'm a waiter. I work in a restaurant. 778 00:29:27,867 --> 00:29:31,070 I don't know about uranium or bombs or anything. 779 00:29:31,103 --> 00:29:33,172 Did you murder Eric Khalaby? 780 00:29:33,205 --> 00:29:36,175 He was my friend. 781 00:29:36,208 --> 00:29:38,077 He was killed by people who hate Muslims. 782 00:29:38,110 --> 00:29:40,179 That's the truth. Thank you. 783 00:29:40,212 --> 00:29:42,348 No further questions. 784 00:29:45,351 --> 00:29:47,353 Mr. Faoud, we heard testimony 785 00:29:47,386 --> 00:29:50,589 that your voice is on a tape of the beheading 786 00:29:50,622 --> 00:29:52,491 of Eric Khalaby. 787 00:29:52,524 --> 00:29:54,293 How do you explain that? 788 00:29:54,326 --> 00:29:57,363 I can't argue with the people who are framing me. 789 00:29:57,396 --> 00:29:59,165 Who would that be? 790 00:29:59,198 --> 00:30:00,933 The United States government. 791 00:30:00,967 --> 00:30:03,235 It's not possible for the government 792 00:30:03,269 --> 00:30:05,604 to frame someone they hoped was guilty? 793 00:30:05,637 --> 00:30:08,607 You posed as a lawyer to get information 794 00:30:08,640 --> 00:30:10,142 on camera systems. 795 00:30:10,176 --> 00:30:11,944 Was that part of a conspiracy? 796 00:30:11,978 --> 00:30:13,412 I'm into computers. 797 00:30:13,445 --> 00:30:15,214 Eric said I'd learn something. 798 00:30:15,247 --> 00:30:18,484 I couldn't get in unless I pretended to be a lawyer. 799 00:30:18,517 --> 00:30:21,487 You went to look at camera security systems 800 00:30:21,520 --> 00:30:23,555 because you were curious about computers? 801 00:30:23,589 --> 00:30:26,358 Mr. Faoud, do you expect us to believe that? 802 00:30:26,392 --> 00:30:28,194 Well, it's the truth. 803 00:30:28,227 --> 00:30:33,432 Why were photos of Pier 12 found on a computer 804 00:30:33,465 --> 00:30:34,633 in your apartment? 805 00:30:34,666 --> 00:30:36,535 It wasn't my computer. 806 00:30:36,568 --> 00:30:38,270 It belonged to Ray Al-Sini, 807 00:30:38,304 --> 00:30:39,538 a friend from the mosque. 808 00:30:39,571 --> 00:30:40,973 I had no idea he was a terrorist 809 00:30:41,007 --> 00:30:42,441 until the police shot him. 810 00:30:42,474 --> 00:30:46,212 Did your good friend lift your floorboards, 811 00:30:46,245 --> 00:30:49,916 and place schematics of a Stinger missile launcher 812 00:30:49,949 --> 00:30:51,350 under them? 813 00:30:51,383 --> 00:30:52,985 (Faoud) The government can plant anything anywhere. 814 00:30:53,019 --> 00:30:56,155 Look, I grew up in Brooklyn. 815 00:30:56,188 --> 00:30:57,656 I've never been arrested. 816 00:30:57,689 --> 00:30:59,358 I've never broken the law. 817 00:30:59,391 --> 00:31:02,261 I have friends who are Jews and Muslims and Catholics 818 00:31:02,294 --> 00:31:03,529 and everything else. 819 00:31:03,562 --> 00:31:05,564 I work hard. I belong to a union. 820 00:31:05,597 --> 00:31:06,966 I pay my dues. 821 00:31:06,999 --> 00:31:08,534 All of a sudden I'm killing people 822 00:31:08,567 --> 00:31:09,601 and making bombs? 823 00:31:09,635 --> 00:31:11,570 Are you telling this jury 824 00:31:11,603 --> 00:31:15,007 that the United States government 825 00:31:15,041 --> 00:31:18,677 and the New York City police department 826 00:31:18,710 --> 00:31:22,348 and the Joint Terrorism Task Force of the NYPD, 827 00:31:22,381 --> 00:31:25,284 and the FBI 828 00:31:25,317 --> 00:31:29,388 all constructed a conspiracy to make you look guilty? 829 00:31:29,421 --> 00:31:31,023 Is that your defense? 830 00:31:31,057 --> 00:31:34,260 My own government doesn't trust my culture 831 00:31:34,293 --> 00:31:35,694 or my religion. 832 00:31:35,727 --> 00:31:38,464 I don't buy it, Mr. Faoud. 833 00:31:38,497 --> 00:31:40,399 No further questions. 834 00:31:40,432 --> 00:31:41,567 Redirect. 835 00:31:41,600 --> 00:31:44,703 Why do you feel the government is trying to frame you? 836 00:31:44,736 --> 00:31:48,307 They need us to be scared. 837 00:31:48,340 --> 00:31:51,477 They need a face for terrorism. 838 00:31:51,510 --> 00:31:54,246 Today it's me. 839 00:31:54,280 --> 00:31:56,548 And tomorrow it could be anyone. 840 00:31:59,618 --> 00:32:02,388 He's arguing government conspiracy? 841 00:32:02,421 --> 00:32:04,390 As if the jury would buy that. 842 00:32:04,423 --> 00:32:05,657 Maybe they do. 843 00:32:05,691 --> 00:32:07,960 Faoud knows what he's doing. 844 00:32:07,994 --> 00:32:10,562 2/3 of the jury are minorities. 845 00:32:10,596 --> 00:32:12,731 And they're more likely to believe in conspiracies? 846 00:32:12,764 --> 00:32:15,034 You forget, I'm a minority. 847 00:32:15,067 --> 00:32:16,368 I know something you don't. 848 00:32:16,402 --> 00:32:17,469 No matter where we are, 849 00:32:17,503 --> 00:32:19,338 we are always a little separate. 850 00:32:19,371 --> 00:32:21,573 But nobody could believe that we framed Ben Faoud. 851 00:32:21,607 --> 00:32:24,743 I don't know. Maybe she's right. 852 00:32:24,776 --> 00:32:26,445 It only takes one to hang a jury. 853 00:32:26,478 --> 00:32:27,446 And if you take a poll of Blacks, 854 00:32:27,479 --> 00:32:28,347 how many would think twice 855 00:32:28,380 --> 00:32:30,649 before they believed a cop's testimony? 856 00:32:30,682 --> 00:32:31,583 Take a look at this. 857 00:32:31,617 --> 00:32:34,053 That reporter who broke the uranium story. 858 00:32:34,086 --> 00:32:35,521 I pulled all of his past articles 859 00:32:35,554 --> 00:32:36,755 concerning Muslim/American relations. 860 00:32:36,788 --> 00:32:38,524 This is from five years ago. 861 00:32:38,557 --> 00:32:39,691 Look at the photo. 862 00:32:39,725 --> 00:32:41,060 Who's standing in the back? 863 00:32:41,093 --> 00:32:42,394 The Imam. 864 00:32:42,428 --> 00:32:44,630 (Rubirosa) He had to have met the reporter. 865 00:32:44,663 --> 00:32:47,533 (Branch) How would he know anything about the uranium? 866 00:32:47,566 --> 00:32:49,601 And if he knew, why leak a story 867 00:32:49,635 --> 00:32:51,503 that is going to hurt a man he's trying to save? 868 00:32:51,537 --> 00:32:54,773 Unless he never wanted to save him. 869 00:32:54,806 --> 00:32:57,076 The Imam was pressured. 870 00:32:57,109 --> 00:32:59,445 When we saw him at Rikers, he was being bullied. 871 00:32:59,478 --> 00:33:02,381 I think he's known everything from the beginning. 872 00:33:02,414 --> 00:33:04,650 He leaks the uranium to get Ben Faoud off his back. 873 00:33:04,683 --> 00:33:06,685 Suppose it's true. 874 00:33:06,718 --> 00:33:08,987 What does it get us? 875 00:33:30,842 --> 00:33:32,078 Mr. McCoy. 876 00:33:32,111 --> 00:33:35,147 Why'd you leak the uranium story? 877 00:33:35,181 --> 00:33:38,784 "I want to put out the fires of Hell, 878 00:33:38,817 --> 00:33:41,487 "and burn down the rewards of Paradise. 879 00:33:41,520 --> 00:33:43,822 They block the way to God." 880 00:33:43,855 --> 00:33:46,325 A saying from the 8th century. 881 00:33:46,358 --> 00:33:50,429 You wanted to see Ben Faoud convicted. 882 00:33:50,462 --> 00:33:52,098 You spoke for him at his arraignment, 883 00:33:52,131 --> 00:33:54,400 and gave him an alibi. 884 00:33:54,433 --> 00:33:57,503 I will testify for Mr. Faoud tomorrow as planned. 885 00:33:57,536 --> 00:33:59,338 Consider what you're doing. 886 00:33:59,371 --> 00:34:02,508 You know my connection to 9/11? 887 00:34:02,541 --> 00:34:04,076 My nephew died. 888 00:34:04,110 --> 00:34:06,712 A security guard in the south tower. 889 00:34:06,745 --> 00:34:09,681 Next week, pigs' blood was thrown on the mosque. 890 00:34:09,715 --> 00:34:11,850 We all lost that day. 891 00:34:11,883 --> 00:34:13,585 American Muslims keep losing. 892 00:34:13,619 --> 00:34:14,686 You can change that. 893 00:34:14,720 --> 00:34:15,721 At what cost? 894 00:34:15,754 --> 00:34:17,123 You're a lawyer. 895 00:34:17,156 --> 00:34:18,724 You understand how the world works. 896 00:34:18,757 --> 00:34:21,760 You know my people don't trust the police. 897 00:34:21,793 --> 00:34:24,530 And they won't trust me if I help the police. 898 00:34:24,563 --> 00:34:27,099 You knew about the uranium. 899 00:34:28,767 --> 00:34:30,636 I wouldn't want to go in this direction, 900 00:34:30,669 --> 00:34:32,838 but we can charge you as a co-conspirator. 901 00:34:32,871 --> 00:34:36,375 You threaten me? 902 00:34:36,408 --> 00:34:38,144 These men come into my mosque 903 00:34:38,177 --> 00:34:39,745 and try to recruit my members. 904 00:34:39,778 --> 00:34:43,149 My voice keeps you from having 100 Ben Faouds! 905 00:34:43,182 --> 00:34:45,484 The only one that matters 906 00:34:45,517 --> 00:34:47,586 is the one we can stop now. 907 00:34:50,456 --> 00:34:53,792 So stand up. Do the right thing. 908 00:34:53,825 --> 00:34:56,094 Or I'll come after you. 909 00:34:58,430 --> 00:35:00,732 You want me to give up my life's work. 910 00:35:00,766 --> 00:35:03,835 This mosque will die. 911 00:35:03,869 --> 00:35:07,506 What is a leader with no one to lead? 912 00:35:07,539 --> 00:35:11,143 Diane Khalaby lost all her faith 913 00:35:11,177 --> 00:35:12,644 because of you. 914 00:35:12,678 --> 00:35:17,149 Is that what you want? 915 00:35:17,183 --> 00:35:20,652 A leak to the press is not enough. 916 00:35:20,686 --> 00:35:22,688 All Muslims, all Americans 917 00:35:22,721 --> 00:35:25,457 need to hear you say it publicly. 918 00:35:27,759 --> 00:35:30,529 Which am I first? 919 00:35:30,562 --> 00:35:33,832 A Muslim or an American? 920 00:35:36,868 --> 00:35:40,706 You need to decide if there's a contradiction. 921 00:35:50,649 --> 00:35:53,585 I was with Mr. Faoud at my mosque 922 00:35:53,619 --> 00:35:55,487 the night of Eric Khalaby's murder. 923 00:35:55,521 --> 00:35:57,889 And how long was Mr. Faoud there? 924 00:35:57,923 --> 00:35:59,157 Several hours. 925 00:35:59,191 --> 00:36:01,193 (Robinette) Exactly what hours were they? 926 00:36:01,227 --> 00:36:03,895 From... 927 00:36:08,867 --> 00:36:11,270 8:00 until 11:00. 928 00:36:11,303 --> 00:36:13,605 (Robinette) From-- 929 00:36:13,639 --> 00:36:15,874 You mean from 11:00 in the evening 930 00:36:15,907 --> 00:36:17,243 until 4:00 in the morning. 931 00:36:17,276 --> 00:36:19,645 No, he was not there then. 932 00:36:19,678 --> 00:36:21,980 (Robinette) Sir, you signed an affidavit! 933 00:36:22,013 --> 00:36:24,483 I signed out of fear. 934 00:36:26,285 --> 00:36:28,720 Did you discuss your testimony with Mr. McCoy? 935 00:36:28,754 --> 00:36:30,722 Were you threatened? 936 00:36:30,756 --> 00:36:32,958 I was threatened by Ben Faoud. 937 00:36:32,991 --> 00:36:33,825 Please answer the question. 938 00:36:33,859 --> 00:36:35,827 Did the District Attorney threaten you? 939 00:36:37,629 --> 00:36:39,565 I was told I could be charged 940 00:36:39,598 --> 00:36:40,866 as a co-conspirator. 941 00:36:40,899 --> 00:36:44,002 He bullied you, didn't he? 942 00:36:44,035 --> 00:36:46,305 Another Muslim American with a boot on his neck. 943 00:36:46,338 --> 00:36:48,674 Withdrawn. 944 00:36:48,707 --> 00:36:51,243 No further questions. 945 00:36:53,845 --> 00:36:58,250 Imam Ibrahim... 946 00:36:58,284 --> 00:37:00,352 tell the jury what happened that night 947 00:37:00,386 --> 00:37:03,355 at your mosque. 948 00:37:03,389 --> 00:37:06,658 It was just after 10:00 PM when Eric came to meet Ben. 949 00:37:06,692 --> 00:37:08,960 They left 10 or 15 minutes later. 950 00:37:08,994 --> 00:37:10,929 Did they have a conversation? 951 00:37:13,064 --> 00:37:14,366 They were arguing. 952 00:37:14,400 --> 00:37:15,567 I didn't hear everything. I heard-- 953 00:37:15,601 --> 00:37:17,369 Objection! Hearsay. 954 00:37:17,403 --> 00:37:18,637 Admission, Your Honor. 955 00:37:18,670 --> 00:37:19,838 Overruled. 956 00:37:19,871 --> 00:37:21,807 The witness may continue. 957 00:37:23,775 --> 00:37:26,278 Eric was arguing with Ben about uranium 958 00:37:26,312 --> 00:37:27,979 to be smuggled into port. 959 00:37:28,013 --> 00:37:30,816 Ben said, "It's a blessing. 960 00:37:30,849 --> 00:37:33,018 "Times Square and Wall Street 961 00:37:33,051 --> 00:37:36,688 will be uninhabitable for the next 50 years." 962 00:37:40,392 --> 00:37:42,694 (Robinette) And we see it again and again. 963 00:37:42,728 --> 00:37:44,963 How many have to disappear, 964 00:37:44,996 --> 00:37:46,665 be tortured? 965 00:37:46,698 --> 00:37:48,634 Held without hearing charges against them? 966 00:37:48,667 --> 00:37:51,069 How long before we say stop? 967 00:37:51,102 --> 00:37:52,971 When will we forgive all Muslims 968 00:37:53,004 --> 00:37:54,673 for the actions of the radicals 969 00:37:54,706 --> 00:37:57,075 who flew airplanes into the World Trade Center? 970 00:37:57,108 --> 00:37:59,378 I'll tell you. 971 00:37:59,411 --> 00:38:03,682 When we find someone new to hate. 972 00:38:03,715 --> 00:38:06,385 To be a Muslim in this country today, 973 00:38:06,418 --> 00:38:08,654 is to be seen as dangerous. 974 00:38:08,687 --> 00:38:10,589 We're afraid of them. 975 00:38:10,622 --> 00:38:13,091 And what do we do to people we're afraid of? 976 00:38:13,124 --> 00:38:14,726 In World War II, 977 00:38:14,760 --> 00:38:16,595 3,000 Americans of Italian background 978 00:38:16,628 --> 00:38:17,963 were arrested. 979 00:38:17,996 --> 00:38:20,699 11,000 of German descent. 980 00:38:20,732 --> 00:38:25,671 110,000 Japanese Americans sent to internment camps. 981 00:38:25,704 --> 00:38:27,973 Dark days. 982 00:38:28,006 --> 00:38:30,342 Are we gonna let them happen again? 983 00:38:30,376 --> 00:38:33,412 If you convict Ben Faoud, that's what you're doing. 984 00:38:33,445 --> 00:38:36,448 You're convicting him because you're afraid of him. 985 00:38:36,482 --> 00:38:39,685 They painted my client as a terrorist and a murderer. 986 00:38:39,718 --> 00:38:41,119 What are they really saying? 987 00:38:41,152 --> 00:38:43,655 He's one of them. 988 00:38:43,689 --> 00:38:45,857 They've put terrorism on trial here. 989 00:38:45,891 --> 00:38:47,893 And Muslims on trial. 990 00:38:47,926 --> 00:38:49,428 And if you let them get away with that-- 991 00:38:49,461 --> 00:38:52,764 If that's how you judge Ben Faoud, 992 00:38:52,798 --> 00:38:56,368 you'll convict an innocent man. 993 00:39:03,775 --> 00:39:07,813 Who's on trial today? 994 00:39:07,846 --> 00:39:09,881 Not the government. 995 00:39:09,915 --> 00:39:11,450 Not America. 996 00:39:11,483 --> 00:39:13,985 Not Muslims. 997 00:39:14,019 --> 00:39:16,488 The defendant is on trial. 998 00:39:16,522 --> 00:39:18,890 As a country, we have a history 999 00:39:18,924 --> 00:39:23,462 of treating immigrants and minorities badly. 1000 00:39:23,495 --> 00:39:26,932 Houses for sale. No Jews allowed. 1001 00:39:26,965 --> 00:39:30,702 Hiring today. No Irish need apply. 1002 00:39:30,736 --> 00:39:33,939 Separate drinking fountains for Blacks. 1003 00:39:33,972 --> 00:39:35,040 Get to the back of the bus. 1004 00:39:35,073 --> 00:39:36,041 We should be ashamed. 1005 00:39:36,074 --> 00:39:37,776 And we should be ashamed 1006 00:39:37,809 --> 00:39:40,779 when American Muslims are treated differently 1007 00:39:40,812 --> 00:39:42,681 because of their religion. 1008 00:39:42,714 --> 00:39:46,117 No one denies that it happens. 1009 00:39:46,151 --> 00:39:49,955 But that's not what's happening in this courtroom. 1010 00:39:49,988 --> 00:39:53,492 The defendant killed Eric Khalaby 1011 00:39:53,525 --> 00:39:55,761 to save himself from being arrested 1012 00:39:55,794 --> 00:39:57,929 for another crime. 1013 00:39:57,963 --> 00:40:01,800 But it's the murder of Eric Khalaby 1014 00:40:01,833 --> 00:40:04,836 that he's on trial for. 1015 00:40:07,506 --> 00:40:12,210 Don't convict Mr. Faoud as a terrorist. 1016 00:40:12,243 --> 00:40:15,447 Convict him for what he is. 1017 00:40:15,481 --> 00:40:17,749 A murderer. 1018 00:40:17,783 --> 00:40:20,519 That's the only charge. 1019 00:40:20,552 --> 00:40:23,989 And you must find him guilty. 1020 00:40:29,995 --> 00:40:32,831 On the sole count of murder in the first degree, 1021 00:40:32,864 --> 00:40:33,965 how does the jury find? 1022 00:40:33,999 --> 00:40:37,469 We find the defendant, Ben Faoud, guilty. 1023 00:40:37,503 --> 00:40:38,937 [spectators gasp and murmur] 1024 00:40:38,970 --> 00:40:40,205 [gavel banging] 1025 00:40:40,238 --> 00:40:42,874 (Judge Sirkin) Order! 1026 00:40:42,908 --> 00:40:45,110 Order! 1027 00:40:51,149 --> 00:40:53,118 Traitor! Ehterek! 1028 00:40:53,151 --> 00:40:54,052 Ehterek! 1029 00:40:54,085 --> 00:40:59,124 Allah Yibarik Elwilayal El Moutt America! 1030 00:40:59,157 --> 00:41:01,560 Ehterek! Ehterek! 1031 00:41:03,929 --> 00:41:05,764 Ehterek! 1032 00:41:10,168 --> 00:41:12,037 We proved a Muslim was a terrorist 1033 00:41:12,070 --> 00:41:13,805 to convict him of murder. 1034 00:41:13,839 --> 00:41:15,240 No, we proved he was a man 1035 00:41:15,273 --> 00:41:17,175 who committed a murder. 1036 00:41:17,208 --> 00:41:19,545 Is that how the jury saw it? 1037 00:41:19,578 --> 00:41:21,547 You thought minorities might believe 1038 00:41:21,580 --> 00:41:22,814 in a conspiracy. 1039 00:41:22,848 --> 00:41:23,882 They didn't. 1040 00:41:23,915 --> 00:41:25,517 They believed in the truth. 1041 00:41:25,551 --> 00:41:27,853 [telephone rings] 1042 00:41:29,988 --> 00:41:31,923 McCoy. 1043 00:41:34,292 --> 00:41:36,161 When? 1044 00:41:37,896 --> 00:41:41,166 (Imam Ibrahim) This does not make us a terrorist. 1045 00:41:41,199 --> 00:41:44,202 We are a peaceful community. 1046 00:41:47,272 --> 00:41:49,240 Go home, and join me later. 1047 00:41:49,274 --> 00:41:50,576 Go. 1048 00:41:54,045 --> 00:41:55,981 Mr. McCoy... 1049 00:41:56,014 --> 00:42:00,952 you asked me to decide who I was first-- 1050 00:42:00,986 --> 00:42:04,890 Muslim, or an American. 1051 00:42:04,923 --> 00:42:07,225 It turns out I'm neither. 1052 00:42:09,127 --> 00:42:12,063 Last night, this was thrown 1053 00:42:12,097 --> 00:42:15,200 through my bedroom window. 1054 00:42:15,233 --> 00:42:19,037 And this morning, someone did this. 1055 00:42:19,070 --> 00:42:21,106 I'm sorry. 1056 00:42:23,642 --> 00:42:26,978 What did Faoud say to you in the courtroom? 1057 00:42:29,280 --> 00:42:31,349 Burn. 1058 00:42:31,382 --> 00:42:34,019 What did you say back? 1059 00:42:36,888 --> 00:42:40,325 God bless the United States of America.