1 00:00:05,639 --> 00:00:08,342 (male announcer) In the criminal justice system, 2 00:00:08,376 --> 00:00:10,444 the people are represented by two separate 3 00:00:10,478 --> 00:00:12,380 yet equally important groups-- 4 00:00:12,413 --> 00:00:14,148 the police who investigate crime 5 00:00:15,416 --> 00:00:17,118 and the district attorneys who prosecute the offenders. 6 00:00:17,151 --> 00:00:19,487 These are their stories. 7 00:00:19,520 --> 00:00:20,554 You really think she's okay? 8 00:00:20,588 --> 00:00:22,256 She's so lethargic. 9 00:00:22,290 --> 00:00:24,392 Well, that's because Princess is a very fat cat. 10 00:00:24,425 --> 00:00:26,360 Changing her diet would do her good. 11 00:00:26,394 --> 00:00:28,262 I'm getting a second opinion. 12 00:00:28,296 --> 00:00:29,663 [cat meows] 13 00:00:29,697 --> 00:00:32,266 Unh! Aah! 14 00:00:32,300 --> 00:00:33,834 Dena, get Laurie out here with an ambu bag 15 00:00:33,867 --> 00:00:34,835 for a large dog. 16 00:00:34,868 --> 00:00:38,072 Call 911. 17 00:00:39,840 --> 00:00:42,376 [dog barking] 18 00:00:45,413 --> 00:00:48,449 We're losing him. 19 00:00:48,482 --> 00:00:51,519 We're losing him. 20 00:00:51,552 --> 00:00:53,321 I know some of the local homeless, 21 00:00:53,354 --> 00:00:54,155 but I've never seen him before. 22 00:00:55,223 --> 00:00:55,523 Did he say anything before he died? 23 00:00:56,390 --> 00:00:57,325 No, we had the ambu bag over his mouth, 24 00:00:57,958 --> 00:00:58,359 trying to help him breathe. 25 00:00:59,160 --> 00:01:00,128 It's the first real person I work on, 26 00:01:00,161 --> 00:01:01,162 and he dies. 27 00:01:01,195 --> 00:01:02,196 At least you tried. 28 00:01:02,230 --> 00:01:03,431 Most people-- 29 00:01:04,532 --> 00:01:05,633 How far could he have walked with those head wounds? 30 00:01:05,666 --> 00:01:06,634 It's hard to say. 31 00:01:06,667 --> 00:01:08,536 He sustained internal trauma, 32 00:01:08,569 --> 00:01:10,070 but without an autopsy-- 33 00:01:10,871 --> 00:01:11,472 He's got fractured ribs on the left, 34 00:01:12,173 --> 00:01:13,407 ruptured spleen and liver, 35 00:01:13,441 --> 00:01:14,508 internal hemorrhaging, 36 00:01:14,542 --> 00:01:16,577 and a shattered acromioclavicular joint. 37 00:01:16,610 --> 00:01:18,346 Broken shoulder. 38 00:01:18,379 --> 00:01:20,381 Didn't you say you never worked on people before? 39 00:01:20,414 --> 00:01:21,149 I've got X-ray hands. 40 00:01:22,183 --> 00:01:23,217 It comes from treating patients 41 00:01:24,185 --> 00:01:24,218 who can't tell you what's wrong with them. 42 00:01:24,785 --> 00:01:27,155 Could be a hit and run. 43 00:01:27,188 --> 00:01:28,456 Uh-uh, not with these wounds. 44 00:01:28,489 --> 00:01:30,591 They look defensive. 45 00:01:30,624 --> 00:01:33,594 My guess, he got beaten to death. 46 00:01:33,627 --> 00:01:36,564 Thanks. 47 00:01:36,597 --> 00:01:38,166 No I.D. 48 00:01:38,199 --> 00:01:39,333 He couldn't have walked far in that condition. 49 00:01:39,367 --> 00:01:40,634 His squat's probably nearby. 50 00:01:41,835 --> 00:01:41,869 He gets the beat down, he's looking for help, 51 00:01:42,736 --> 00:01:44,238 and he sees this. [cell phone rings] 52 00:01:44,272 --> 00:01:45,339 Any port in a storm. 53 00:01:45,373 --> 00:01:46,340 Hello? 54 00:01:46,374 --> 00:01:49,343 Where? 55 00:01:49,377 --> 00:01:50,511 Got it. 56 00:01:50,544 --> 00:01:52,180 Hope you weren't planning on breakfast. 57 00:01:52,213 --> 00:01:52,946 Lower east side, 58 00:01:53,781 --> 00:02:03,224 another homeless guy beaten to death. 59 00:02:03,257 --> 00:02:13,201 another homeless guy beaten to death. 60 00:02:13,234 --> 00:02:23,244 another homeless guy beaten to death. 61 00:02:23,277 --> 00:02:33,221 another homeless guy beaten to death. 62 00:02:33,254 --> 00:02:43,797 another homeless guy beaten to death. 63 00:02:43,831 --> 00:02:45,299 Call came in at 5:10. 64 00:02:46,267 --> 00:02:47,335 Someone heard shouting-- a man calling for help. 65 00:02:47,368 --> 00:02:48,336 The caller see anything? 66 00:02:48,369 --> 00:02:49,403 She was up on the third floor. 67 00:02:49,437 --> 00:02:50,738 It was still too dark to see. 68 00:02:50,771 --> 00:02:53,307 We'll canvass the buildings on the off chance. 69 00:02:53,341 --> 00:02:54,542 It's 5:10. 70 00:02:54,575 --> 00:02:55,809 The other guy fell into the clinic 71 00:02:55,843 --> 00:02:57,578 around 4:30. 72 00:02:57,611 --> 00:02:59,447 Say he was beaten ten minutes before that. 73 00:02:59,480 --> 00:03:01,549 That leaves about 50 minutes in between attacks. 74 00:03:01,582 --> 00:03:03,584 Time enough to walk from 26th and 9th 75 00:03:03,617 --> 00:03:04,585 all the way over here. 76 00:03:04,618 --> 00:03:05,686 Could be the same guys. 77 00:03:05,719 --> 00:03:09,390 And I got something here. 78 00:03:09,423 --> 00:03:12,660 Oh, cute kid. 79 00:03:12,693 --> 00:03:14,628 And a New Jersey driver's license. 80 00:03:14,662 --> 00:03:15,796 "William McCarter." 81 00:03:15,829 --> 00:03:18,232 Address in Fort Lee. 82 00:03:18,266 --> 00:03:19,600 Let's make sure that gets back to his family. 83 00:03:19,633 --> 00:03:22,436 Yeah. 84 00:03:22,470 --> 00:03:24,838 Blunt force injuries, crushing wounds. 85 00:03:24,872 --> 00:03:27,441 These guys were stomped, punched, and batted 86 00:03:27,475 --> 00:03:29,443 head to toe. 87 00:03:29,477 --> 00:03:30,744 Any way to connect the attacks? 88 00:03:30,778 --> 00:03:32,546 Both men have a similar bruise 89 00:03:32,580 --> 00:03:34,448 here on the right temple, 90 00:03:34,482 --> 00:03:36,250 shaped like a boot heel. 91 00:03:36,284 --> 00:03:37,017 I'm guessing this is what started 92 00:03:37,851 --> 00:03:39,420 the brain hemorrhage that killed him. 93 00:03:41,389 --> 00:03:43,357 Looks like shrapnel wounds. 94 00:03:43,391 --> 00:03:44,458 Yeah. 95 00:03:44,492 --> 00:03:46,527 There's more on his leg. 96 00:03:46,560 --> 00:03:48,396 Is he a veteran? 97 00:03:48,429 --> 00:03:49,630 Infantry-- First of the Third, 98 00:03:49,663 --> 00:03:51,265 stationed in Tikrit. 99 00:03:51,299 --> 00:03:54,402 So says the tattoo on his left shoulder blade. 100 00:03:54,435 --> 00:03:56,504 I put him in his mid-20s. 101 00:03:56,537 --> 00:03:58,406 CSU got nothing from the baseball field, 102 00:03:58,439 --> 00:04:00,474 and the canvass didn't turn up any witnesses. 103 00:04:00,508 --> 00:04:02,476 No kidding. All the more reason to figure out 104 00:04:02,510 --> 00:04:03,711 where this John Doe got his beat down. 105 00:04:03,744 --> 00:04:05,279 Private John Doe. 106 00:04:05,313 --> 00:04:06,580 Iraq veteran. 107 00:04:06,614 --> 00:04:09,317 From Tikrit to our street. 108 00:04:09,350 --> 00:04:11,319 Some homecoming. 109 00:04:16,824 --> 00:04:18,392 This cocktail napkin-- 110 00:04:18,426 --> 00:04:21,295 the L-- it's from the Lexmore. 111 00:04:21,329 --> 00:04:22,463 The hotel in Chelsea. 112 00:04:22,496 --> 00:04:26,634 The Lexmore-- nice piano bar. 113 00:04:26,667 --> 00:04:28,502 He said his name was David. 114 00:04:28,536 --> 00:04:29,670 I never got a last name. 115 00:04:29,703 --> 00:04:30,871 He said he was in the service. 116 00:04:30,904 --> 00:04:32,506 How'd you know him? 117 00:04:32,540 --> 00:04:34,542 I found him digging through the dumpster out back, 118 00:04:34,575 --> 00:04:36,477 so I set him up with a meal. 119 00:04:36,510 --> 00:04:38,446 I did it a few times. 120 00:04:38,479 --> 00:04:41,415 A vet eating garbage-- it ain't right. 121 00:04:41,449 --> 00:04:42,583 You know where he laid up for the night? 122 00:04:42,616 --> 00:04:43,584 No idea. 123 00:04:43,617 --> 00:04:45,819 David wasn't a big talker. 124 00:04:45,853 --> 00:04:47,888 Last night, did he come around for his meal? 125 00:04:47,921 --> 00:04:50,658 No, he came every other week. 126 00:04:50,691 --> 00:04:53,527 David knew not to push, and to show his gratitude. 127 00:04:53,561 --> 00:04:55,563 How did he do that? 128 00:04:55,596 --> 00:04:57,531 Well, I don't want any trouble. 129 00:04:57,565 --> 00:04:58,298 If they were stolen, 130 00:04:59,099 --> 00:04:59,367 I don't know anything about it. 131 00:04:59,900 --> 00:05:00,801 If what was stolen? 132 00:05:00,834 --> 00:05:02,936 Floor mats. 133 00:05:02,970 --> 00:05:05,806 He said he found them, he wanted to give them to me. 134 00:05:05,839 --> 00:05:07,841 They were practically brand new, 135 00:05:07,875 --> 00:05:10,544 except for a couple of little stains. 136 00:05:10,578 --> 00:05:12,513 I gave him ten bucks for 'em. 137 00:05:12,546 --> 00:05:14,114 These are for a Bentley. 138 00:05:14,147 --> 00:05:15,816 I figured I could sell 'em on eBay. 139 00:05:15,849 --> 00:05:17,585 Not anymore. 140 00:05:17,618 --> 00:05:19,853 Store tag's still on 'em. 141 00:05:22,523 --> 00:05:23,824 (man) Yep, they're ours. 142 00:05:23,857 --> 00:05:26,527 They were damaged from a leak in the stockroom. 143 00:05:26,560 --> 00:05:27,528 We had to throw 'em out. 144 00:05:27,561 --> 00:05:28,328 Where'd you find 'em? 145 00:05:28,362 --> 00:05:30,498 This man sold 'em to someone else. 146 00:05:30,531 --> 00:05:32,466 Oh, him. 147 00:05:32,500 --> 00:05:34,602 Kreidel-- what a pain in the ass. 148 00:05:34,635 --> 00:05:36,470 What, he get hit by a bus? 149 00:05:36,504 --> 00:05:37,371 (Green) Beaten to death. 150 00:05:38,472 --> 00:05:39,440 You called him Kreidel, you know his name. 151 00:05:39,873 --> 00:05:40,608 Of course, David Kreidel. 152 00:05:41,642 --> 00:05:42,543 We were suing him for scaring away our customers. 153 00:05:43,377 --> 00:05:44,044 The lawyers filed the papers last week. 154 00:05:44,077 --> 00:05:47,415 You're suing a homeless person? 155 00:05:47,448 --> 00:05:49,783 Customers bring their cars in for service. 156 00:05:49,817 --> 00:05:51,752 They'd see him hanging out back there, 157 00:05:51,785 --> 00:05:52,686 doing his thing-- 158 00:05:53,821 --> 00:05:54,822 going to the bathroom, talking to himself. 159 00:05:55,656 --> 00:05:57,357 We offered him money to move, but-- 160 00:05:58,426 --> 00:05:59,460 Back there in the alley, that's where he was living? 161 00:05:59,493 --> 00:06:01,695 Yeah. 162 00:06:01,729 --> 00:06:02,730 So what were you suing him for, 163 00:06:02,763 --> 00:06:03,797 the lint in his pockets? 164 00:06:04,732 --> 00:06:05,499 The money he was getting from the government, 165 00:06:06,066 --> 00:06:06,434 some kind of benefits. 166 00:06:07,067 --> 00:06:07,935 Like maybe his GI benefits? 167 00:06:08,836 --> 00:06:10,571 We were just hoping that he'd shove off. 168 00:06:10,604 --> 00:06:11,639 Right. 169 00:06:12,573 --> 00:06:16,009 That's a nice pin on your lapel, by the way. 170 00:06:16,043 --> 00:06:17,511 Looks like his squat. 171 00:06:17,545 --> 00:06:18,512 I got blood on a box, 172 00:06:18,546 --> 00:06:20,481 blood here and blood here, 173 00:06:20,514 --> 00:06:21,649 where somebody grabbed on. 174 00:06:21,682 --> 00:06:24,418 Looks like we got our crime scene. 175 00:06:26,720 --> 00:06:28,989 We got an eyewitness too. 176 00:06:29,022 --> 00:06:32,626 Mr. Hammond, does this camera work? 177 00:06:32,660 --> 00:06:33,861 Don't expect miracles. 178 00:06:33,894 --> 00:06:35,896 That camera's about five years old. 179 00:06:35,929 --> 00:06:37,965 We'll keep it in mind. 180 00:06:37,998 --> 00:06:40,801 Here we go. 181 00:06:55,783 --> 00:06:58,519 I couldn't make out their faces. 182 00:07:00,821 --> 00:07:03,457 There it was-- the death blow. 183 00:07:03,491 --> 00:07:05,058 Go back to the beginning. 184 00:07:05,092 --> 00:07:06,594 I want to see something. 185 00:07:06,627 --> 00:07:11,532 [tape rewinding] 186 00:07:11,565 --> 00:07:12,365 Freeze it. 187 00:07:13,233 --> 00:07:14,935 Right there, what's that? 188 00:07:14,968 --> 00:07:16,804 (Green) That's a baseball cap. 189 00:07:16,837 --> 00:07:18,872 Go forward slowly. 190 00:07:18,906 --> 00:07:21,008 [tapping keyboard] 191 00:07:21,041 --> 00:07:23,010 (Van Buren) Someone was standing under the camera, 192 00:07:23,043 --> 00:07:26,614 just watching. 193 00:07:26,647 --> 00:07:27,815 You see that? 194 00:07:27,848 --> 00:07:29,650 Something flew out of his pocket. 195 00:07:29,683 --> 00:07:31,619 [tape rewinding] 196 00:07:34,922 --> 00:07:38,826 He was right about here, turned this way. 197 00:07:38,859 --> 00:07:42,696 The thing flew out that way. 198 00:07:42,730 --> 00:07:44,765 (Green) There's all kinds of nastiness under there. 199 00:07:44,798 --> 00:07:45,633 Don't! 200 00:07:45,666 --> 00:07:46,900 You want to get rabies of something? 201 00:07:46,934 --> 00:07:48,536 Here, use this. 202 00:07:52,573 --> 00:07:55,809 It was square shaped, like a piece of cardboard. 203 00:07:55,843 --> 00:07:56,944 Something like that? 204 00:08:03,617 --> 00:08:05,719 It's a map of the city. 205 00:08:05,753 --> 00:08:07,087 All the sites are highlighted. 206 00:08:07,120 --> 00:08:08,789 Maybe our perps are from out of town. 207 00:08:08,822 --> 00:08:09,990 If it's their map. 208 00:08:10,023 --> 00:08:11,625 Well, same shape, 209 00:08:11,659 --> 00:08:13,126 same general look. 210 00:08:13,160 --> 00:08:14,562 So if this is their map, 211 00:08:14,595 --> 00:08:16,697 and they're from out of town, 212 00:08:16,730 --> 00:08:18,532 maybe they're staying at a hotel. 213 00:08:18,566 --> 00:08:19,633 Maybe that's where they were heading 214 00:08:19,667 --> 00:08:21,735 when they attacked the second guy. 215 00:08:21,769 --> 00:08:24,672 A hotel on the Lower East Side. 216 00:08:27,107 --> 00:08:28,576 (man) There were a bunch of them. 217 00:08:28,609 --> 00:08:29,610 Four or five. 218 00:08:29,643 --> 00:08:30,443 They're young people. 219 00:08:31,311 --> 00:08:32,713 They were all staying in the same room. 220 00:08:32,746 --> 00:08:34,748 They were here about a week. 221 00:08:34,782 --> 00:08:35,883 Party hearty types. 222 00:08:35,916 --> 00:08:37,618 When did they check out? 223 00:08:37,651 --> 00:08:38,886 This morning, about 8:00. 224 00:08:38,919 --> 00:08:41,521 Here we go. Hold your nose. 225 00:08:43,791 --> 00:08:45,025 Uh, watch it, 226 00:08:45,058 --> 00:08:47,928 you got vomit there on the floor. 227 00:08:51,665 --> 00:08:53,066 Looks like blood stains on the sheets, 228 00:08:53,100 --> 00:08:55,603 and, uh, other fluids. 229 00:08:55,636 --> 00:08:58,572 Ugh, they must be into water conservation. 230 00:08:58,606 --> 00:09:00,674 They didn't bother flushing. 231 00:09:03,043 --> 00:09:05,078 Violent, impulsive... 232 00:09:05,112 --> 00:09:13,153 Looks like we're on the right track. 233 00:09:13,186 --> 00:09:14,187 You people are wrecking the place! 234 00:09:14,221 --> 00:09:15,322 Like anybody's gonna notice. 235 00:09:15,355 --> 00:09:16,123 Now, about your guests-- I told you, 236 00:09:17,157 --> 00:09:17,891 I can't really describe any of them. 237 00:09:18,959 --> 00:09:19,559 People come, people go-- that's the hotel business. 238 00:09:20,628 --> 00:09:21,294 But you got ID from them when they checked in, right? 239 00:09:21,862 --> 00:09:23,330 I got cash in advance. 240 00:09:23,363 --> 00:09:26,166 There were two or three guys with a girl. 241 00:09:26,199 --> 00:09:28,101 But they all looked above the legal age. 242 00:09:28,135 --> 00:09:31,605 (Cassady) Hey, Ed, check this out. 243 00:09:31,639 --> 00:09:33,206 I found it behind the dresser. 244 00:09:33,240 --> 00:09:36,043 Blank checks belonging to Rachel Hutton. 245 00:09:36,076 --> 00:09:37,678 West 87th Street. 246 00:09:37,711 --> 00:09:41,114 On top of everything else, they're thieves. 247 00:09:41,148 --> 00:09:43,016 [annoyed sigh] 248 00:09:45,085 --> 00:09:46,253 The whole box is gone. 249 00:09:46,286 --> 00:09:47,688 I don't believe this. 250 00:09:47,721 --> 00:09:49,389 Anything else missing, Miss Hutton? 251 00:09:49,422 --> 00:09:51,892 Oh, my God-- my digital camera. 252 00:09:51,925 --> 00:09:53,694 I had pictures from my parents' anniversary. 253 00:09:53,727 --> 00:09:55,262 This is crazy. 254 00:09:55,295 --> 00:09:57,731 Um, who comes into this room? 255 00:09:57,765 --> 00:10:00,267 The housekeeper, our nanny. 256 00:10:00,300 --> 00:10:02,269 They've been with us for years. 257 00:10:02,302 --> 00:10:03,971 Any strangers in the house in the last week? 258 00:10:04,004 --> 00:10:05,138 No. 259 00:10:05,172 --> 00:10:07,675 Oh, well, Monday there was a young man 260 00:10:07,708 --> 00:10:09,977 and a young woman-- very nice, very polite. 261 00:10:10,010 --> 00:10:12,112 they came to the door. 262 00:10:12,145 --> 00:10:14,014 They were selling something? Magazine subscriptions. 263 00:10:14,047 --> 00:10:16,016 To earn money for a semester abroad. 264 00:10:16,049 --> 00:10:19,086 Oh, I'm an idiot. 265 00:10:19,119 --> 00:10:21,321 I let the girl use the powder room right here. 266 00:10:21,354 --> 00:10:22,389 You're a nice lady. 267 00:10:22,422 --> 00:10:25,025 You bought magazines from them? 268 00:10:25,058 --> 00:10:27,294 Yeah, about $100 worth. 269 00:10:27,327 --> 00:10:32,199 I made a check out to, um... 270 00:10:32,232 --> 00:10:34,367 "Excursion Sales." 271 00:10:34,401 --> 00:10:37,137 I even got a receipt. 272 00:10:37,170 --> 00:10:39,306 That's right, New York City police. 273 00:10:39,339 --> 00:10:41,341 Outside? 274 00:10:41,374 --> 00:10:43,176 It's a beautiful spring day. 275 00:10:43,210 --> 00:10:44,444 How is it down in Orlando? 276 00:10:44,477 --> 00:10:46,313 Ah, terrific. 277 00:10:46,346 --> 00:10:47,948 Near as we can figure out, Yeah, I'll hold. 278 00:10:47,981 --> 00:10:49,316 Excursion Sales is just a clearing house 279 00:10:49,349 --> 00:10:51,151 for subscriptions. 280 00:10:51,184 --> 00:10:53,420 They subcontract with vendors to do the selling, 281 00:10:53,453 --> 00:10:56,323 then those guys subcontract with magazine sales crews. 282 00:10:56,356 --> 00:10:57,324 They're the ones who actually ring the doorbells. 283 00:10:57,357 --> 00:10:59,359 And steal from the customers. 284 00:10:59,392 --> 00:11:02,029 Everybody's an independent contractor, 285 00:11:02,062 --> 00:11:04,197 so no one's responsible for anybody. 286 00:11:04,231 --> 00:11:05,332 I get it. 287 00:11:05,365 --> 00:11:06,767 Lieutenant? Yeah. 288 00:11:07,901 --> 00:11:08,435 There's a Sherry Kreidel here for an identification. 289 00:11:09,369 --> 00:11:11,371 The victim's next of kin-- the Iraq vet. 290 00:11:11,404 --> 00:11:13,340 I'll see her in my office. 291 00:11:13,373 --> 00:11:16,176 Light a fire under these people. 292 00:11:16,209 --> 00:11:18,345 This magazine crew's not gonna stick around for long. 293 00:11:18,378 --> 00:11:21,381 Not with two murders hanging over them. 294 00:11:23,383 --> 00:11:26,386 [voice shaky] I'm sorry, I, um... 295 00:11:26,419 --> 00:11:30,157 I haven't seen my brother in nearly six months. 296 00:11:30,190 --> 00:11:32,425 I heard he was mugged. 297 00:11:32,459 --> 00:11:34,728 We're not sure what happened. 298 00:11:37,397 --> 00:11:40,500 [whispering] Poor Davey. 299 00:11:40,533 --> 00:11:43,103 He, um-- 300 00:11:43,136 --> 00:11:45,005 he wasn't always like this. 301 00:11:45,038 --> 00:11:49,276 I mean, a street person. 302 00:11:49,309 --> 00:11:51,244 Tell me what he was like. 303 00:11:51,278 --> 00:11:52,345 Oh... 304 00:11:52,379 --> 00:11:54,381 Davey was the sweetest kid. 305 00:11:54,414 --> 00:11:56,750 All my friends had a crush on him. 306 00:11:56,784 --> 00:11:58,118 [pained chuckle] 307 00:11:58,151 --> 00:12:00,387 And then, when he came back 308 00:12:00,420 --> 00:12:04,491 from over there... 309 00:12:04,524 --> 00:12:06,426 he told me he couldn't sleep. 310 00:12:06,459 --> 00:12:09,029 He would cry for no reason, he was depressed. 311 00:12:09,062 --> 00:12:11,231 Did he get counseling? 312 00:12:11,264 --> 00:12:13,266 The Army told him he had post-traumatic stress. 313 00:12:13,300 --> 00:12:14,534 But they couldn't treat him right away, 314 00:12:14,567 --> 00:12:17,070 so he waited for weeks, 315 00:12:17,104 --> 00:12:18,438 all the time getting worse. 316 00:12:18,471 --> 00:12:20,207 He started getting into trouble. 317 00:12:20,240 --> 00:12:21,541 He would talk back to the officers, 318 00:12:21,574 --> 00:12:25,412 sleeping in. 319 00:12:25,445 --> 00:12:28,148 So the Army just kicked him out. 320 00:12:28,181 --> 00:12:31,284 They told him he had a personality disorder, 321 00:12:31,318 --> 00:12:34,855 and drummed him out on a 513 discharge. 322 00:12:34,888 --> 00:12:39,159 They said he would never be a quality soldier. 323 00:12:39,192 --> 00:12:41,394 Just like that. 324 00:12:41,428 --> 00:12:44,431 We found out that Army has to pay benefits 325 00:12:44,464 --> 00:12:47,434 if they discharge people for post-traumatic stress. 326 00:12:47,467 --> 00:12:50,270 But if they discharge them for a personality disorder, 327 00:12:50,303 --> 00:12:52,172 they don't have to pay anything. 328 00:12:52,205 --> 00:12:54,274 So that's what they did to Davey. 329 00:12:54,307 --> 00:12:58,411 I'm very sorry, Miss Kreidel. 330 00:13:00,380 --> 00:13:01,414 The girl that brought me in here, 331 00:13:01,448 --> 00:13:03,250 she said she was in Iraq. 332 00:13:03,283 --> 00:13:05,452 Oh, yeah, we have a number of officers 333 00:13:05,485 --> 00:13:06,553 who served there. 334 00:13:09,489 --> 00:13:13,393 Davey told me he would have been better off 335 00:13:13,426 --> 00:13:16,096 if he got killed over there. 336 00:13:16,129 --> 00:13:20,834 They would have treated him like a hero then. 337 00:13:20,868 --> 00:13:22,202 [knock on door] 338 00:13:22,235 --> 00:13:23,837 Excuse me. 339 00:13:28,909 --> 00:13:31,478 We've got a lead on the manager of the sales crew. 340 00:13:31,511 --> 00:13:33,813 Lean into him. 341 00:13:37,617 --> 00:13:39,386 (man) This could be anybody. 342 00:13:39,419 --> 00:13:41,488 But it sure as hell isn't any of my people. 343 00:13:41,521 --> 00:13:43,256 "Sure as hell"? 344 00:13:43,290 --> 00:13:45,258 Yeah, we're running short on our quota. 345 00:13:45,292 --> 00:13:47,227 Which means that my crews are out on the street 346 00:13:47,260 --> 00:13:50,230 by 7:00 every morning to make up for it. 347 00:13:50,263 --> 00:13:52,900 Nobody parties late or runs around 348 00:13:52,933 --> 00:13:54,567 beating the crap out of bums. 349 00:13:54,601 --> 00:13:56,436 Why don't you let us figure that out 350 00:13:56,469 --> 00:13:57,537 for ourselves? 351 00:13:58,505 --> 00:13:59,139 You just give us the name of your sellers 352 00:13:59,940 --> 00:14:01,541 that were working West 87th Street 353 00:14:01,574 --> 00:14:02,475 a few days ago. 354 00:14:03,610 --> 00:14:04,311 My mag crews weren't working on the west side. 355 00:14:05,345 --> 00:14:06,446 It must be a whole other crew I don't know about. 356 00:14:06,479 --> 00:14:09,983 Hey, get out of there! 357 00:14:10,017 --> 00:14:11,618 Who's Tommy Bennett? 358 00:14:11,651 --> 00:14:14,187 You bought a travel voucher for him. 359 00:14:14,221 --> 00:14:16,957 Yeah, he, uh, quit the crew, 360 00:14:16,990 --> 00:14:18,558 so we bought him this bus ticket home 361 00:14:18,591 --> 00:14:20,260 to Milwaukee. 362 00:14:20,293 --> 00:14:22,262 Why'd he quit? 363 00:14:22,295 --> 00:14:23,496 He just quit. So what? 364 00:14:23,530 --> 00:14:24,597 So what? 365 00:14:25,565 --> 00:14:26,934 You bought this travel voucher yesterday. 366 00:14:26,967 --> 00:14:29,536 One day after the murders. 367 00:14:29,569 --> 00:14:30,603 All right, look, 368 00:14:30,637 --> 00:14:32,539 you do what you gotta do, okay? 369 00:14:32,572 --> 00:14:35,308 but I don't know anything about anything. 370 00:14:40,247 --> 00:14:43,516 We find the bus Tommy's on, we can have him pulled off. 371 00:14:43,550 --> 00:14:45,018 That's not me, I swear. 372 00:14:45,052 --> 00:14:46,553 Well obviously, these two guys aren't you, 373 00:14:46,586 --> 00:14:48,421 but you see this here at the bottom of the frame? 374 00:14:48,455 --> 00:14:49,622 that's the top of somebody's head. 375 00:14:49,656 --> 00:14:50,623 That somebody could be you, Tommy. 376 00:14:50,657 --> 00:14:51,959 I swear to God I wasn't there. 377 00:14:52,960 --> 00:14:53,493 Then why were you in such a hurry to leave town? 378 00:14:54,094 --> 00:14:54,627 I wasn't. I just quit! 379 00:14:55,395 --> 00:14:56,229 I couldn't take the job anymore. 380 00:14:56,263 --> 00:14:57,998 Which part of the job couldn't you take, 381 00:14:58,031 --> 00:14:59,499 the partying or the stealing? 382 00:14:59,532 --> 00:15:00,633 You don't get it. 383 00:15:01,634 --> 00:15:01,668 They told me I was gonna earn all this money 384 00:15:02,235 --> 00:15:03,303 working on a mag crew, 385 00:15:04,371 --> 00:15:05,505 traveling around the country, staying in hotels. 386 00:15:06,806 --> 00:15:07,941 Except they didn't say they were gonna dock our pay 387 00:15:08,942 --> 00:15:10,577 for the hotels, gas-- whatever they felt like. 388 00:15:10,610 --> 00:15:11,311 They're rippin' us off! 389 00:15:12,312 --> 00:15:13,480 We barely had enough money to eat. 390 00:15:14,447 --> 00:15:15,015 And they would put us up in these roach hotels 391 00:15:15,715 --> 00:15:16,616 with hookers and meth heads. 392 00:15:16,649 --> 00:15:17,617 It was scary. 393 00:15:17,650 --> 00:15:19,219 Like the Delancey Hotel? 394 00:15:20,320 --> 00:15:20,587 You were staying there with those guys, weren't you? 395 00:15:21,821 --> 00:15:23,323 We're gonna find your prints in the room Tommy. 396 00:15:23,356 --> 00:15:25,458 We're gonna know. 397 00:15:28,428 --> 00:15:31,564 I didn't have anything to do with killing anybody. 398 00:15:31,598 --> 00:15:34,601 I wasn't even hanging with those guys that night. 399 00:15:34,634 --> 00:15:35,602 I told 'em I was gonna quit, 400 00:15:36,403 --> 00:15:37,704 and they kicked the crap out of me. 401 00:15:40,073 --> 00:15:41,541 [sighs] 402 00:15:41,574 --> 00:15:43,743 You see? 403 00:15:43,776 --> 00:15:45,012 They locked me out of the room, 404 00:15:45,045 --> 00:15:45,812 and they went out to get drunk. 405 00:15:45,845 --> 00:15:49,582 And I slept in some park all night. 406 00:15:52,752 --> 00:15:55,622 So who is this in the photo? 407 00:16:01,094 --> 00:16:03,763 Well, this looks like Pete Harris, 408 00:16:03,796 --> 00:16:05,565 and that's Bobby Cole. 409 00:16:05,598 --> 00:16:08,101 With the boots-- Bobby Cole--you sure? 410 00:16:08,135 --> 00:16:09,636 Yeah, it looks like him. 411 00:16:12,639 --> 00:16:17,010 And that's Audrey-- Audrey Jimenez. 412 00:16:17,044 --> 00:16:18,011 She went with them. 413 00:16:18,045 --> 00:16:19,112 Those three are real tight. 414 00:16:19,146 --> 00:16:20,380 Where can we find them? 415 00:16:20,413 --> 00:16:22,549 I don't know. Look at this. 416 00:16:22,582 --> 00:16:23,750 Look at it. 417 00:16:23,783 --> 00:16:26,653 There are circles drawn around neighborhoods. 418 00:16:26,686 --> 00:16:29,056 You guys made a schedule, a plan? 419 00:16:29,089 --> 00:16:30,657 What was the plan for today, Tommy? 420 00:16:30,690 --> 00:16:32,659 [sighs] 421 00:16:36,429 --> 00:16:38,665 We were gonna take the subway here, 422 00:16:38,698 --> 00:16:40,667 to Astoria Blvd. station. 423 00:16:43,070 --> 00:16:44,637 Come on, you're going with us. 424 00:16:44,671 --> 00:16:48,075 Get up! Let's go! 425 00:16:48,108 --> 00:16:50,710 [police radio chatter] 426 00:16:50,743 --> 00:16:52,612 Those guys, they're out of control. 427 00:16:52,645 --> 00:16:54,681 Don't wuss out on us, Tommy. 428 00:16:58,751 --> 00:17:00,620 There, that's Pete. 429 00:17:00,653 --> 00:17:02,589 That's--that's Pete. 430 00:17:07,760 --> 00:17:09,696 I'd be helping the refugees at Darfur 431 00:17:09,729 --> 00:17:12,065 while still earning credits towards my medical degree. 432 00:17:12,099 --> 00:17:14,667 And you can see we have a wide selection of magazines. 433 00:17:14,701 --> 00:17:16,136 How 'bout a lifetime subscription 434 00:17:16,169 --> 00:17:17,704 to the Prison Times? 435 00:17:17,737 --> 00:17:19,372 Peter Harris, you're under arrest. 436 00:17:19,406 --> 00:17:20,807 Where are your friends? 437 00:17:20,840 --> 00:17:23,843 Uh...I--I got nothin' to say. 438 00:17:23,876 --> 00:17:25,478 [scoffs] 439 00:17:26,613 --> 00:17:27,680 (police dispatcher) 110 David, be advised, 440 00:17:28,848 --> 00:17:29,582 two individuals matching the descriptions-- 441 00:17:30,250 --> 00:17:31,084 one male, one female-- 442 00:17:32,252 --> 00:17:33,820 seen entering the residence at 429 Steinway. 443 00:17:35,788 --> 00:17:37,590 Ma'am, we're looking for two people 444 00:17:37,624 --> 00:17:39,459 who were just seen entering this residence. 445 00:17:39,492 --> 00:17:40,727 Yeah, they're selling magazines. 446 00:17:40,760 --> 00:17:42,629 May we come in? 447 00:17:48,168 --> 00:17:49,602 Where are they? 448 00:17:49,636 --> 00:17:52,372 He was just here, and the girl, she-- 449 00:17:52,405 --> 00:17:54,474 [toilet flushes] 450 00:17:54,507 --> 00:17:56,609 Police! Hands up! 451 00:17:56,643 --> 00:17:58,678 Where's Cole? I don't know. 452 00:18:04,917 --> 00:18:06,486 Ugh! 453 00:18:06,519 --> 00:18:08,755 Turn around! Ah! 454 00:18:08,788 --> 00:18:11,124 Don't move. 455 00:18:11,158 --> 00:18:13,092 Cuff him. 456 00:18:15,195 --> 00:18:18,165 [grunting] 457 00:18:18,198 --> 00:18:20,733 Hey, Cole, nice boots. 458 00:18:25,538 --> 00:18:33,846 [dog barking] 459 00:18:33,880 --> 00:18:35,648 People v. Peter Harris, Audrey Jimenez-- 460 00:18:35,682 --> 00:18:36,516 (Judge Ling) Not so fast. 461 00:18:36,549 --> 00:18:39,652 Where's counsel for these defendants? 462 00:18:39,686 --> 00:18:41,688 Don't know, Your Honor. 463 00:18:41,721 --> 00:18:44,824 Mr. Fetzer, will Legal Aid represent defendants 464 00:18:44,857 --> 00:18:46,593 for purposes of arraignment? 465 00:18:46,626 --> 00:18:49,896 You know me, Judge-- whatever you need. 466 00:18:49,929 --> 00:18:51,731 People v. Peter Harris, Audrey Jimenez, 467 00:18:51,764 --> 00:18:53,366 and Robert Cole-- Not guilty! 468 00:18:54,434 --> 00:18:56,369 [gavel bangs] Counselor, put a lid on your client. 469 00:18:56,403 --> 00:18:57,704 One count each murder in the second degree, 470 00:18:57,737 --> 00:18:59,406 two counts grand larceny. 471 00:18:59,439 --> 00:19:00,607 My clients plead not guilty. 472 00:19:00,640 --> 00:19:01,774 (Judge Ling) People on bail? 473 00:19:02,842 --> 00:19:04,877 Defendants brutally beat two homeless men to death. 474 00:19:04,911 --> 00:19:06,679 One of the murders was clearly captured 475 00:19:06,713 --> 00:19:08,147 by a security camera. 476 00:19:09,316 --> 00:19:09,916 The defendants have no ties to the community 477 00:19:10,517 --> 00:19:11,951 no fixed address-- 478 00:19:11,984 --> 00:19:13,820 They do now. Remand across the board. 479 00:19:13,853 --> 00:19:15,855 [gavel bangs] Notify the ATB panel. 480 00:19:15,888 --> 00:19:18,225 Let's get separate attorneys appointed. 481 00:19:18,258 --> 00:19:20,760 And, Mr. Fetzer, since you seem to have 482 00:19:20,793 --> 00:19:22,462 a calming effect on Mr. Cole, 483 00:19:22,495 --> 00:19:26,466 you'll continue as his counsel of record. 484 00:19:26,499 --> 00:19:28,901 So much for being "clearly captured." 485 00:19:28,935 --> 00:19:31,404 Has this gone to the defense yet? 486 00:19:31,438 --> 00:19:33,473 In the afternoon discovery package. 487 00:19:33,506 --> 00:19:37,444 A tape of the actual crime should have been a slam dunk. 488 00:19:37,477 --> 00:19:39,679 They beat two men to death. 489 00:19:39,712 --> 00:19:42,915 There should be blood on their clothes, their shoes. 490 00:19:42,949 --> 00:19:44,917 They must've cleaned it off. 491 00:19:44,951 --> 00:19:47,654 Cole's boot heel matched the head wounds on the victims. 492 00:19:47,687 --> 00:19:49,956 But so would a million other shoes. 493 00:19:49,989 --> 00:19:52,692 On the other hand, Latent found the girl's prints on the map. 494 00:19:52,725 --> 00:19:55,528 Well, I guess we can always hold a littering charge 495 00:19:55,562 --> 00:19:57,497 over her as leverage. 496 00:19:59,999 --> 00:20:01,234 What? 497 00:20:01,268 --> 00:20:02,001 There was blood on the bed 498 00:20:02,034 --> 00:20:03,636 in the hotel room they all shared. 499 00:20:03,670 --> 00:20:05,972 It belonged to the girl, Audrey Jimenez. 500 00:20:06,005 --> 00:20:07,540 And there was semen mixed with it. 501 00:20:07,574 --> 00:20:09,676 Belonging to one of the other two? 502 00:20:09,709 --> 00:20:10,977 The lab is still testing it, 503 00:20:11,010 --> 00:20:12,812 but if one of them is Audrey's boyfriend, 504 00:20:12,845 --> 00:20:14,481 we might be able to play the love birds 505 00:20:14,514 --> 00:20:15,548 against the odd man out. 506 00:20:15,582 --> 00:20:17,584 Talk to Miss Jimenez 507 00:20:17,617 --> 00:20:20,487 before the defense sees that tape. 508 00:20:22,922 --> 00:20:24,724 [buzzer blares] 509 00:20:24,757 --> 00:20:25,958 (Jimenez) I didn't have sex with anybody. 510 00:20:25,992 --> 00:20:27,560 Audrey, just listen to her. 511 00:20:27,594 --> 00:20:29,762 The semen was mixed with your blood. 512 00:20:29,796 --> 00:20:31,664 Whoever it was, Peter or Bobby, 513 00:20:31,698 --> 00:20:33,032 you can help him. 514 00:20:33,065 --> 00:20:34,601 Especially if you tell me this whole thing wasn't 515 00:20:34,634 --> 00:20:36,969 his idea. 516 00:20:37,003 --> 00:20:38,971 I didn't have sex. 517 00:20:39,005 --> 00:20:41,274 I don't have a boyfriend. 518 00:20:41,308 --> 00:20:42,074 [sighs] 519 00:20:42,108 --> 00:20:45,011 Audrey, what are you trying to say? 520 00:20:47,580 --> 00:20:49,582 Were you raped? 521 00:20:51,651 --> 00:20:54,321 We'll protect you. 522 00:20:54,354 --> 00:20:55,855 Peter and Bobby can't hurt you anymore, 523 00:20:55,888 --> 00:20:57,990 but you have to tell us about the murders. 524 00:20:58,024 --> 00:21:00,660 They didn't rape me-- it wasn't them. 525 00:21:00,693 --> 00:21:02,862 They saved me. 526 00:21:02,895 --> 00:21:03,963 They were out getting food 527 00:21:03,996 --> 00:21:05,298 when some meth heads from down the hall 528 00:21:05,332 --> 00:21:06,733 bust in, looking for money. 529 00:21:06,766 --> 00:21:08,535 They attacked me, they were raping me 530 00:21:08,568 --> 00:21:09,736 when Peter and Bobby came back. 531 00:21:09,769 --> 00:21:12,705 They pulled those animals off me. 532 00:21:12,739 --> 00:21:14,607 I understand your loyalty. 533 00:21:14,641 --> 00:21:15,742 No, you don't. 534 00:21:15,775 --> 00:21:17,610 We've been together for four months. 535 00:21:17,644 --> 00:21:19,912 Going from place to place, everybody's ripping us off. 536 00:21:19,946 --> 00:21:21,514 Our boss even has these goons beat us up 537 00:21:21,548 --> 00:21:23,316 if we don't bring in enough money. 538 00:21:23,350 --> 00:21:25,017 All we've got is each other. 539 00:21:25,051 --> 00:21:27,754 But you are the one that's in trouble right now. 540 00:21:27,787 --> 00:21:28,755 It was your prints on the map. 541 00:21:28,788 --> 00:21:30,823 I don't care. 542 00:21:30,857 --> 00:21:32,992 Bobby, he was in Iraq. 543 00:21:33,025 --> 00:21:34,761 He said the only reason he came back alive 544 00:21:34,794 --> 00:21:36,028 is 'cause him and his buddies hung together. 545 00:21:36,062 --> 00:21:37,330 Well, it's no different here. 546 00:21:37,364 --> 00:21:39,666 No different. 547 00:21:39,699 --> 00:21:42,569 I didn't see any murders. 548 00:21:42,602 --> 00:21:45,304 I didn't see anything. 549 00:21:47,607 --> 00:21:49,776 What do they think they are, the lost platoon? 550 00:21:49,809 --> 00:21:52,044 Well, if we don't break their bonds of loyalty, 551 00:21:52,078 --> 00:21:53,045 we don't have a case. 552 00:21:53,079 --> 00:21:54,347 They're kids. 553 00:21:54,381 --> 00:21:55,548 Push 'em around, they'll fold. 554 00:21:55,582 --> 00:21:57,350 Audrey Jimenez was gang raped. 555 00:21:57,384 --> 00:21:58,785 Cole was in combat. 556 00:21:58,818 --> 00:22:00,587 It'll take more than tough talk 557 00:22:00,620 --> 00:22:01,888 to intimidate those two. 558 00:22:01,921 --> 00:22:03,923 That still leaves the third musketeer 559 00:22:03,956 --> 00:22:04,991 up for grabs. 560 00:22:05,024 --> 00:22:05,992 Too late. 561 00:22:06,025 --> 00:22:09,362 Omnibus motion "to dismiss set bail, suppress." 562 00:22:09,396 --> 00:22:10,897 You name it, they're going for it. 563 00:22:10,930 --> 00:22:12,365 You shut them down, 564 00:22:12,399 --> 00:22:13,366 because I don't want these people 565 00:22:13,400 --> 00:22:14,934 back on our streets. 566 00:22:18,971 --> 00:22:21,107 (Fetzer) The only thing this tape clearly captures 567 00:22:21,140 --> 00:22:23,410 is the big nothing at the center of the People's case. 568 00:22:23,443 --> 00:22:25,912 The tape speaks for itself, Your Honor. 569 00:22:25,945 --> 00:22:27,914 It's up to the jury to determine 570 00:22:27,947 --> 00:22:28,915 its probative value. 571 00:22:28,948 --> 00:22:31,684 Except Ms. Rubirosa hyped it as the second coming 572 00:22:31,718 --> 00:22:32,819 of the Zapruder film. 573 00:22:32,852 --> 00:22:34,954 That's why our clients were denied bail. 574 00:22:34,987 --> 00:22:36,423 [groaning loudly] 575 00:22:36,456 --> 00:22:38,891 Is your client okay, Mr. Fetzer? 576 00:22:38,925 --> 00:22:40,693 What happened to his arm? 577 00:22:40,727 --> 00:22:42,695 I believe he slipped on the stairs at Rikers. 578 00:22:42,729 --> 00:22:44,597 Your Honor, the entire case-- 579 00:22:44,631 --> 00:22:46,132 Save your breath, Mr. Fetzer. 580 00:22:46,165 --> 00:22:47,867 Your motion to dismiss is denied. 581 00:22:47,900 --> 00:22:49,702 As to the bail application-- 582 00:22:49,736 --> 00:22:51,037 If I may remind, Your Honor, 583 00:22:51,070 --> 00:22:53,105 the defendants are out-of-state residents. 584 00:22:53,139 --> 00:22:55,174 50,000 on Harris and Cole, 585 00:22:55,207 --> 00:22:57,076 25,000 for Ms. Jimenez. 586 00:22:57,109 --> 00:22:58,945 [gavel bangs] 587 00:22:58,978 --> 00:23:00,613 Arthur should be happy. 588 00:23:00,647 --> 00:23:02,982 At 50,000, they won't be going anywhere soon. 589 00:23:03,015 --> 00:23:04,617 You know, for a guy who took a header 590 00:23:04,651 --> 00:23:05,618 down the stairs, 591 00:23:05,652 --> 00:23:06,686 Cole looks pretty good. 592 00:23:06,719 --> 00:23:08,421 No head injuries, no bruises. 593 00:23:08,455 --> 00:23:10,857 You don't buy his story? 594 00:23:10,890 --> 00:23:12,191 At arraignment, he could hardly stand still. 595 00:23:12,224 --> 00:23:14,694 Now he's moving at half speed. 596 00:23:14,727 --> 00:23:16,663 And he's got a bad case of dry mouth. 597 00:23:16,696 --> 00:23:19,466 It's a common side effect of mood-stabilizing drugs. 598 00:23:19,499 --> 00:23:24,637 Be nice to know why Cole needs his mood stabilized. 599 00:23:24,671 --> 00:23:27,073 The warden at Rikers told me that Cole was shanked 600 00:23:27,106 --> 00:23:28,741 in a fight with another prisoner. 601 00:23:28,775 --> 00:23:30,009 There were no witnesses, 602 00:23:30,042 --> 00:23:31,744 and it's unclear who started the fight. 603 00:23:31,778 --> 00:23:34,146 But the other prisoner, he ended up with a broken jaw, 604 00:23:34,180 --> 00:23:36,983 three broken ribs, and a broken ankle. 605 00:23:37,016 --> 00:23:39,018 Sounds like Cole went on a rampage. 606 00:23:39,051 --> 00:23:40,853 Is that why he was sedated? 607 00:23:40,887 --> 00:23:43,122 Cole refused to waive his medical confidentiality. 608 00:23:43,155 --> 00:23:45,224 But the doctor didn't disagree when I suggested 609 00:23:45,257 --> 00:23:48,495 that Cole was either on Phenobarbital or Tegritol. 610 00:23:48,528 --> 00:23:49,729 Heavy duty stuff. 611 00:23:49,762 --> 00:23:51,163 So what's this all masking? 612 00:23:51,197 --> 00:23:54,100 Mood swings or a propensity for violence? 613 00:23:54,133 --> 00:23:55,668 Cole doesn't have a rap sheet. 614 00:23:56,736 --> 00:23:58,237 And I had his service record faxed over this afternoon. 615 00:23:58,270 --> 00:24:01,708 We might be able to read between the lines. 616 00:24:01,741 --> 00:24:03,943 He served in a mechanized unit, 617 00:24:03,976 --> 00:24:05,978 did two tours. 618 00:24:06,012 --> 00:24:08,214 "Divisional commendation, Purple Heart. 619 00:24:08,247 --> 00:24:10,917 Wounded 2/9 of '06." 620 00:24:10,950 --> 00:24:12,218 Eight months of recovery. 621 00:24:12,251 --> 00:24:16,255 Most of it at the Linden V.A. Hospital in Brooklyn. 622 00:24:16,288 --> 00:24:18,190 He got two letters of reprimand. 623 00:24:18,224 --> 00:24:19,692 That's the military equivalent 624 00:24:19,726 --> 00:24:21,260 of a slap on the wrist. 625 00:24:21,293 --> 00:24:22,028 But look at this. 626 00:24:22,061 --> 00:24:24,764 He received a general discharge. 627 00:24:24,797 --> 00:24:26,232 He's practically a war hero, 628 00:24:26,265 --> 00:24:27,099 and they muster him out 629 00:24:28,200 --> 00:24:28,935 because of a couple of bad write-ups? 630 00:24:29,802 --> 00:24:31,070 Yeah, we're not getting the whole story. 631 00:24:31,103 --> 00:24:32,271 Or any of it. 632 00:24:32,304 --> 00:24:34,240 Start drafting a subpoena. 633 00:24:39,278 --> 00:24:40,847 (woman) I'm only authorized to tell you 634 00:24:40,880 --> 00:24:43,215 that Mr. Cole was admitted with an ABI-- 635 00:24:43,249 --> 00:24:45,518 acute brain injury sustained 636 00:24:45,552 --> 00:24:47,754 when an IED exploded near his Humvee. 637 00:24:47,787 --> 00:24:50,757 Beyond that you have his redacted records. 638 00:24:50,790 --> 00:24:51,924 "Redacted" is putting it mildly. 639 00:24:51,958 --> 00:24:54,193 Anything useful has been blacked out. 640 00:24:54,226 --> 00:24:55,795 We've been served with a temporary restraining order 641 00:24:55,828 --> 00:24:57,029 by Mr. Cole, 642 00:24:57,063 --> 00:24:59,231 barring the release of his medical information. 643 00:24:59,265 --> 00:25:01,200 Until the lawyers tell me otherwise. 644 00:25:01,233 --> 00:25:04,236 A T.R.O. Can we see it? 645 00:25:04,270 --> 00:25:06,739 Here's something your redactors missed. 646 00:25:06,773 --> 00:25:09,876 Cole changed wards four times while he was here. 647 00:25:09,909 --> 00:25:12,011 As part of his treatment and recovery. 648 00:25:12,044 --> 00:25:13,813 But four times? 649 00:25:13,846 --> 00:25:16,883 Does that indicate a disciplinary problem? 650 00:25:16,916 --> 00:25:20,152 It might, if I were authorized to discuss it, which I'm not. 651 00:25:20,186 --> 00:25:21,988 What kind of problem-- was he violent? 652 00:25:22,021 --> 00:25:24,991 Isn't that why he was given a general discharge? 653 00:25:25,024 --> 00:25:27,059 I can't comment. The T.R.O. 654 00:25:27,093 --> 00:25:28,194 Then we'll talk to everybody 655 00:25:29,195 --> 00:25:31,330 who had contact with him during his stay here. 656 00:25:31,363 --> 00:25:33,900 I'm sorry, I don't make policy. 657 00:25:33,933 --> 00:25:36,102 (Rubirosa) Read our subpoena, Ms. Corrado. 658 00:25:36,135 --> 00:25:36,869 You're required to comply unless barred 659 00:25:37,904 --> 00:25:39,205 by specific language of the T.R.O. 660 00:25:39,238 --> 00:25:40,573 The way I read this, 661 00:25:41,608 --> 00:25:42,174 we can talk to orderlies, security personnel, 662 00:25:42,709 --> 00:25:44,076 and other patients. 663 00:25:46,312 --> 00:25:48,781 (woman over P.A.) Dr. Jacobson to O.R. 1. 664 00:25:48,815 --> 00:25:50,783 You have to understand that a lot of personnel 665 00:25:50,817 --> 00:25:53,085 have been reassigned since Mr. Cole was discharged. 666 00:25:53,119 --> 00:25:55,922 We'll talk to whoever's left. 667 00:26:29,088 --> 00:26:30,156 Thank you. 668 00:26:30,189 --> 00:26:31,257 You're welcome, sir. 669 00:26:31,290 --> 00:26:34,360 This way. 670 00:26:34,393 --> 00:26:36,395 Ward five, isn't that one of the wards 671 00:26:36,428 --> 00:26:37,396 Cole was in? 672 00:26:37,429 --> 00:26:39,666 It's been closed. 673 00:26:39,699 --> 00:26:40,967 In the middle of a war? 674 00:26:41,934 --> 00:26:42,201 The people you want to talk to are this way. 675 00:26:42,669 --> 00:26:45,371 Check it out, sir. 676 00:26:45,404 --> 00:26:47,373 [whispering] Check it out. 677 00:26:55,414 --> 00:26:57,416 When did you close this down? 678 00:26:57,449 --> 00:27:00,653 (man) Two months ago. 679 00:27:00,687 --> 00:27:04,356 Jack... there's rat droppings. 680 00:27:13,365 --> 00:27:19,438 This room...was Cole's. 681 00:27:19,471 --> 00:27:20,873 Mr. McCoy... 682 00:27:23,876 --> 00:27:26,679 [water dripping] 683 00:27:34,153 --> 00:27:36,889 There's dead roaches all over the floor. 684 00:27:38,725 --> 00:27:39,992 (Corrado) That's why it's been closed. 685 00:27:40,026 --> 00:27:42,294 It's unfit. 686 00:28:00,179 --> 00:28:02,381 How long has it been like this? 687 00:28:02,414 --> 00:28:04,250 Long as I've been here. 688 00:28:04,283 --> 00:28:07,453 And you had wounded soldiers living in these conditions? 689 00:28:09,421 --> 00:28:21,033 No wonder Cole wanted to bust some heads. 690 00:28:21,067 --> 00:28:21,133 before they hustled us out of there. 691 00:28:21,533 --> 00:28:23,302 Deplorable. 692 00:28:23,335 --> 00:28:27,774 Disgraceful, that's the operative word. 693 00:28:27,807 --> 00:28:30,309 But it doesn't have anything to do with this case. 694 00:28:30,342 --> 00:28:32,411 Talk to me about something that does. 695 00:28:32,444 --> 00:28:34,180 We found a doctor at the hospital 696 00:28:34,213 --> 00:28:35,514 who told us that Cole was involved 697 00:28:35,547 --> 00:28:37,884 in three unprovoked attacks on hospital personnel. 698 00:28:37,917 --> 00:28:40,887 All of them had a familiar M.O. 699 00:28:40,920 --> 00:28:42,421 Punches, kicks to the head. 700 00:28:42,454 --> 00:28:44,190 And it was only because Cole was quickly subdued 701 00:28:44,223 --> 00:28:45,524 that no one was seriously hurt. 702 00:28:45,557 --> 00:28:47,226 Evidence of a pattern crime. 703 00:28:47,259 --> 00:28:49,528 Admissible under the Molinea exception. 704 00:28:49,561 --> 00:28:52,431 It's what Cole's lawyer tried to keep us from finding out. 705 00:28:52,464 --> 00:28:53,299 Great work. 706 00:28:54,400 --> 00:28:56,468 Now use it to turn one of the lesser evils. 707 00:28:59,438 --> 00:29:01,273 (man) What they're saying is, Pete, 708 00:29:01,307 --> 00:29:04,476 their case against Cole just got a big boost. 709 00:29:04,510 --> 00:29:08,180 Lucky for you we want him more than we want you. 710 00:29:08,214 --> 00:29:11,250 He finished off McCarter and Kreidel. 711 00:29:11,283 --> 00:29:13,552 You confirm it, you testify to it, 712 00:29:13,585 --> 00:29:15,788 we've got a deal. 713 00:29:17,924 --> 00:29:20,192 15 to 30, Pete. 714 00:29:22,494 --> 00:29:24,463 Don't take too long, Mr. Harris. 715 00:29:24,496 --> 00:29:25,998 I might decide to take you to trial 716 00:29:26,032 --> 00:29:27,867 along with Cole... 717 00:29:27,900 --> 00:29:30,502 and ask for life without parole. 718 00:29:38,477 --> 00:29:41,513 Cole, man... 719 00:29:41,547 --> 00:29:44,250 he's like night and day, you know? 720 00:29:44,283 --> 00:29:45,852 The murders, Mr. Harris. 721 00:29:50,622 --> 00:29:53,359 Yeah, we did them. 722 00:29:53,392 --> 00:29:55,361 Cole was in one of his moods. 723 00:29:55,394 --> 00:29:57,596 What kind of mood? 724 00:29:57,629 --> 00:30:02,434 He goes all quiet, like in a trance. 725 00:30:02,468 --> 00:30:03,802 He shuts everything out. 726 00:30:04,837 --> 00:30:05,471 He comes out of it, and he's looking for a fight. 727 00:30:06,038 --> 00:30:06,973 That's enough for now. 728 00:30:07,840 --> 00:30:09,541 Mr. McCoy, you send us the paperwork, 729 00:30:09,575 --> 00:30:11,343 you'll get the rest of the story. 730 00:30:17,616 --> 00:30:19,618 Get word to Audrey Jimenez's lawyer 731 00:30:19,651 --> 00:30:22,554 that the lost platoon hit a bump in the road. 732 00:30:22,588 --> 00:30:24,957 Hmm, more like a sharp turn. 733 00:30:24,991 --> 00:30:27,326 Look at this-- Cole changed his plea. 734 00:30:27,359 --> 00:30:30,529 "Not guilty by reason of mental disease or defect." 735 00:30:30,562 --> 00:30:32,398 Fetzer must've found out that we know 736 00:30:32,431 --> 00:30:34,366 about Cole's prior bad acts. 737 00:30:34,400 --> 00:30:35,367 Fetzer's smart. 738 00:30:35,401 --> 00:30:37,369 He knows they cut both ways. 739 00:30:37,403 --> 00:30:39,571 We use them to show a pattern crime... 740 00:30:39,605 --> 00:30:42,541 Fetzer uses them as evidence of a mental disease. 741 00:30:42,574 --> 00:30:44,643 Life hands you lemons... 742 00:30:44,676 --> 00:30:47,313 This puts Cole's medical records in play. 743 00:30:47,346 --> 00:30:49,548 No more hiding behind a T.R.O. 744 00:30:51,683 --> 00:30:53,485 (Harris) When we got back to the hotel, 745 00:30:53,519 --> 00:30:55,121 Bobby told us we had to wash our clothes, 746 00:30:55,154 --> 00:30:56,555 in case we got blood on them. 747 00:30:56,588 --> 00:30:58,590 I woke up later, 748 00:30:58,624 --> 00:30:59,992 and I saw him cleaning his boots. 749 00:31:00,026 --> 00:31:02,962 Mr. Harris, did you ever talk to Mr. Cole 750 00:31:02,995 --> 00:31:04,430 about what you described earlier 751 00:31:04,463 --> 00:31:05,965 as his trances? 752 00:31:05,998 --> 00:31:07,133 Uh, yes. 753 00:31:07,166 --> 00:31:08,434 He said they started happening 754 00:31:08,467 --> 00:31:09,601 after he got messed up in Iraq. 755 00:31:09,635 --> 00:31:13,672 Did he ever talk to you about getting treatment for them? 756 00:31:13,705 --> 00:31:15,541 He said he was supposed to take drugs for them, 757 00:31:15,574 --> 00:31:17,609 but because we were always on the move 758 00:31:17,643 --> 00:31:19,078 for our work, 759 00:31:20,246 --> 00:31:21,413 he could never get a doctor to write him a prescription. 760 00:31:21,447 --> 00:31:23,482 Thank you. 761 00:31:25,551 --> 00:31:27,119 When Bobby came out of his trances, 762 00:31:27,153 --> 00:31:28,654 he was irritable, hostile. 763 00:31:28,687 --> 00:31:29,922 That's what you said, isn't it? 764 00:31:29,956 --> 00:31:31,690 Yes. 765 00:31:31,723 --> 00:31:35,561 Did he ever direct his hostility at you? 766 00:31:35,594 --> 00:31:37,396 Sometimes. 767 00:31:37,429 --> 00:31:41,133 How would you deal with it? 768 00:31:41,167 --> 00:31:43,502 I'd make him focus on something else. 769 00:31:43,535 --> 00:31:44,536 Some thing 770 00:31:44,570 --> 00:31:47,573 or maybe somebody? 771 00:31:47,606 --> 00:31:50,509 Yeah, sure. 772 00:31:50,542 --> 00:31:53,645 How would you get Bobby to focus on somebody else? 773 00:31:53,679 --> 00:31:56,582 I don't remember. 774 00:31:56,615 --> 00:31:59,185 Are you familiar with the terms haji 775 00:31:59,218 --> 00:32:00,686 and "Johnny Jihad"? 776 00:32:02,088 --> 00:32:04,423 Sure, uh, Bobby said that that's what they called 777 00:32:04,456 --> 00:32:05,924 the enemy in Iraq. 778 00:32:07,126 --> 00:32:07,159 So, when Bobby was coming out of his trances, 779 00:32:08,027 --> 00:32:08,694 did you ever point at another person 780 00:32:09,561 --> 00:32:10,362 and tell him, "There's a haji-- 781 00:32:10,929 --> 00:32:11,597 there's Johnny Jihad"? 782 00:32:11,630 --> 00:32:14,600 Maybe. 783 00:32:14,633 --> 00:32:15,467 Didn't you point to those homeless men 784 00:32:15,501 --> 00:32:17,369 and tell him, "There's Johnny Jihad"? 785 00:32:17,403 --> 00:32:23,742 Uh, I was drunk, I don't remember. 786 00:32:23,775 --> 00:32:25,611 No more questions. 787 00:32:25,644 --> 00:32:27,679 (Rubirosa) What do you mean he's not coming?! 788 00:32:27,713 --> 00:32:29,115 It's not up to the Veterans Administration. 789 00:32:29,148 --> 00:32:31,483 Dr. Petravian is under subpoena! 790 00:32:31,517 --> 00:32:34,486 He's being called as a witness in five minutes. 791 00:32:34,520 --> 00:32:36,388 Do you know about this? Okay, fine. 792 00:32:36,422 --> 00:32:38,090 I just got hit with a federal writ of prohibition. 793 00:32:38,124 --> 00:32:39,691 Some judge halfway across the country 794 00:32:39,725 --> 00:32:41,060 is telling me I can't present evidence 795 00:32:42,094 --> 00:32:42,995 about my client's treatment at the Linden V.A. 796 00:32:43,795 --> 00:32:45,497 So that explains it. Explains what? 797 00:32:45,531 --> 00:32:48,034 Jack, our doctor from the V.A. isn't showing up. 798 00:32:48,067 --> 00:32:49,401 There's some federal writ. 799 00:32:49,435 --> 00:32:51,037 I know, I got one too. 800 00:32:51,070 --> 00:32:53,605 Follow me to the Federal Courthouse. 801 00:32:53,639 --> 00:32:55,407 Your Honor, the Veterans Administration 802 00:32:55,441 --> 00:32:57,509 is being prosecuted for criminal negligence 803 00:32:57,543 --> 00:32:59,411 in a death that occurred at a V.A. hospital 804 00:32:59,445 --> 00:33:00,512 in Albuquerque. 805 00:33:00,546 --> 00:33:01,647 Now, there's real concern here 806 00:33:01,680 --> 00:33:02,514 that publicity from his case 807 00:33:03,615 --> 00:33:05,784 could unduly influence the New Mexico case. 808 00:33:05,817 --> 00:33:07,653 If I can't present evidence of my client's treatment 809 00:33:07,686 --> 00:33:09,788 at the Linden V.A., I won't have a case! 810 00:33:09,821 --> 00:33:12,258 I can't establish the origin of his mental disease. 811 00:33:12,291 --> 00:33:15,527 Your Honor, my case supercedes theirs. 812 00:33:15,561 --> 00:33:16,795 Maybe so, but, Your Honor, on its face, 813 00:33:16,828 --> 00:33:17,629 this is overreaching. 814 00:33:18,697 --> 00:33:19,231 I don't know why Mr. McCoy's complaining. 815 00:33:20,299 --> 00:33:22,234 He can still introduce his defendant's prior bad acts 816 00:33:22,268 --> 00:33:23,669 without violating the writ. 817 00:33:23,702 --> 00:33:26,238 I know what I can do-- that's not the issue. 818 00:33:26,272 --> 00:33:28,074 Fairness is the issue. 819 00:33:28,107 --> 00:33:30,176 No, Mr. McCoy, due process is the issue. 820 00:33:30,209 --> 00:33:32,511 The federal case pre-empts the state. 821 00:33:32,544 --> 00:33:34,680 All mention of the conditions at the Linden V.A., 822 00:33:34,713 --> 00:33:36,182 or the treatment rendered therein, 823 00:33:36,215 --> 00:33:37,449 is barred from your trial. 824 00:33:37,483 --> 00:33:38,517 Your Honor-- 825 00:33:38,550 --> 00:33:40,219 And any evidence pertaining to those conditions 826 00:33:41,453 --> 00:33:43,789 will be returned forthwith to the relevant federal entity. 827 00:33:43,822 --> 00:33:45,824 It's a whitewash. You have my ruling. 828 00:33:45,857 --> 00:33:47,659 Ignore it at your own peril. 829 00:33:52,698 --> 00:33:54,766 Fetzer's right, it's a cover-up. 830 00:33:54,800 --> 00:33:56,235 Last I checked, you were being paid 831 00:33:56,268 --> 00:33:58,204 to put people like Robert Cole in jail. 832 00:33:58,237 --> 00:34:01,173 Before Cole was a murderer, he was a wounded soldier 833 00:34:01,207 --> 00:34:03,809 who received substandard care. 834 00:34:03,842 --> 00:34:05,544 If you think that this is an issue worth airing 835 00:34:05,577 --> 00:34:06,378 while we're at war, 836 00:34:07,446 --> 00:34:07,813 then get yourself down to New Mexico. 837 00:34:08,380 --> 00:34:10,849 Don't tempt me, Arthur. 838 00:34:10,882 --> 00:34:12,751 Jack, do you believe that Cole knew 839 00:34:12,784 --> 00:34:14,553 that killing those men was wrong? 840 00:34:14,586 --> 00:34:16,788 Yes, he even covered up evidence. 841 00:34:16,822 --> 00:34:17,789 Do you believe he appreciated 842 00:34:17,823 --> 00:34:19,491 the consequences of his action? 843 00:34:19,525 --> 00:34:20,726 Yes. 844 00:34:20,759 --> 00:34:22,161 Well, then, the path is clear. 845 00:34:22,194 --> 00:34:23,595 We abide by the writ, 846 00:34:23,629 --> 00:34:25,264 we work out a plea with Fetzer. 847 00:34:25,297 --> 00:34:26,798 Then we make sure that all that evidence 848 00:34:26,832 --> 00:34:29,835 goes back to the Feds. 849 00:34:31,903 --> 00:34:33,739 Hey, Lieu, Cole's pleading out. 850 00:34:33,772 --> 00:34:35,741 In the middle of the trial? 851 00:34:35,774 --> 00:34:36,808 I just report the news. 852 00:34:36,842 --> 00:34:38,144 Rubirosa says all this stuff 853 00:34:38,177 --> 00:34:39,645 is being turned over to the Feds. 854 00:34:39,678 --> 00:34:41,747 Just this, the V.A. material? 855 00:34:41,780 --> 00:34:45,117 Gonna make a nice bonfire in somebody's backyard. 856 00:34:52,558 --> 00:34:53,892 [knocks on door] 857 00:34:53,925 --> 00:34:55,727 [door opens] 858 00:34:58,264 --> 00:35:00,266 You worked out a plea with Cole. 859 00:35:00,299 --> 00:35:02,234 Not yet. 860 00:35:02,268 --> 00:35:04,770 I'm gonna sweat him out a little longer. 861 00:35:04,803 --> 00:35:07,273 I've got a V.A. doctor testifying tomorrow 862 00:35:07,306 --> 00:35:08,840 about Cole's bad behavior. 863 00:35:12,678 --> 00:35:17,683 But all of this will be off limits? 864 00:35:17,716 --> 00:35:20,752 By order of the U.S. District Court. 865 00:35:20,786 --> 00:35:22,654 Hmm. 866 00:35:22,688 --> 00:35:23,922 You know, my father was wounded 867 00:35:23,955 --> 00:35:27,226 in Wonju, Korea, 1952. 868 00:35:27,259 --> 00:35:31,197 He spent a year in a V.A. hospital in Tulsa. 869 00:35:31,230 --> 00:35:33,732 Never talked about it. 870 00:35:33,765 --> 00:35:35,734 Well, not to me. 871 00:35:35,767 --> 00:35:37,603 My mother said the doctors and nurses 872 00:35:37,636 --> 00:35:38,804 saved his life. 873 00:35:38,837 --> 00:35:41,407 Angels of mercy, that's what she called them. 874 00:35:41,440 --> 00:35:42,774 If it weren't for them, 875 00:35:42,808 --> 00:35:44,810 there wouldn't have been an Anita Van Buren. 876 00:35:44,843 --> 00:35:47,946 But this-- 877 00:35:47,979 --> 00:35:51,650 I know you know this isn't right. 878 00:35:51,683 --> 00:35:55,821 And kicking broken kids out of the Army-- 879 00:35:55,854 --> 00:36:00,926 kids like David Kreidel-- just to save a buck... 880 00:36:00,959 --> 00:36:02,828 [sighs] 881 00:36:02,861 --> 00:36:05,831 Wouldn't treat a dog like that. 882 00:36:18,877 --> 00:36:20,446 (man) This was the second time 883 00:36:20,479 --> 00:36:22,848 Mr. Cole had attacked an orderly. 884 00:36:22,881 --> 00:36:25,984 Again, I explained to him about his seizures. 885 00:36:26,017 --> 00:36:28,320 I warned him that he was susceptible 886 00:36:28,354 --> 00:36:29,821 to aggressive behavior 887 00:36:29,855 --> 00:36:32,324 immediately following the seizures. 888 00:36:32,358 --> 00:36:34,626 Did you counsel him about treatment, Doctor? 889 00:36:34,660 --> 00:36:35,861 Yes. 890 00:36:35,894 --> 00:36:37,863 I explained the seizures were treated 891 00:36:37,896 --> 00:36:39,365 with mood-stabilizing drugs, 892 00:36:40,599 --> 00:36:42,868 and that he must continue to take those drugs. 893 00:36:42,901 --> 00:36:45,237 (McCoy) How did he react to your instructions, Doctor? 894 00:36:45,271 --> 00:36:48,640 I asked if he understood my instructions, 895 00:36:48,674 --> 00:36:50,742 and the consequences of not following them. 896 00:36:50,776 --> 00:36:52,010 He said he did. 897 00:36:52,043 --> 00:36:54,980 No more questions. 898 00:36:55,013 --> 00:36:57,483 (Judge Barclay) Cross, Mr. Fetzer? 899 00:36:57,516 --> 00:36:58,884 Your Honor, for reasons you're aware, 900 00:36:58,917 --> 00:37:00,752 the questions I'd want to ask this witness 901 00:37:00,786 --> 00:37:03,021 would put me in contempt of a federal order 902 00:37:03,054 --> 00:37:04,022 of prohibition. 903 00:37:04,055 --> 00:37:05,757 So I have no questions. 904 00:37:05,791 --> 00:37:07,659 (Judge Barclay) All right. 905 00:37:07,693 --> 00:37:11,297 Dr. Petravian, you're excused. 906 00:37:11,330 --> 00:37:12,931 If I may, Your Honor? 907 00:37:12,964 --> 00:37:16,268 I have a few more questions for this witness. 908 00:37:16,302 --> 00:37:18,670 (Judge Barclay) Doctor? 909 00:37:23,942 --> 00:37:26,912 (McCoy) Doctor, how would you characterize 910 00:37:26,945 --> 00:37:30,316 the care provided to Mr. Cole 911 00:37:30,349 --> 00:37:32,318 by the Linden V.A. hospital? 912 00:37:35,321 --> 00:37:36,922 Consistent with the level of care 913 00:37:36,955 --> 00:37:38,290 at the facility. 914 00:37:39,358 --> 00:37:41,760 Consistent with standards in the medical community 915 00:37:41,793 --> 00:37:42,961 at large? 916 00:37:42,994 --> 00:37:46,498 Um, I'm not sure I understand. 917 00:37:46,532 --> 00:37:48,967 Mr. Cole received excellent care. 918 00:37:50,969 --> 00:37:53,539 People's 28. 919 00:37:53,572 --> 00:37:55,941 These are his treatment records. 920 00:37:55,974 --> 00:37:57,843 Can you tell me if he was given 921 00:37:57,876 --> 00:38:00,946 a prescription for mood stabilizers 922 00:38:00,979 --> 00:38:03,014 when he was released from your facility? 923 00:38:03,048 --> 00:38:07,018 I don't see... 924 00:38:07,052 --> 00:38:08,887 His records don't indicate it. 925 00:38:08,920 --> 00:38:09,888 Do they indicate that he was directed 926 00:38:09,921 --> 00:38:12,324 to an out-patient facility 927 00:38:12,358 --> 00:38:13,759 for further treatment? 928 00:38:13,792 --> 00:38:16,094 No, they don't. 929 00:38:16,127 --> 00:38:18,397 Even though he suffered from seizures 930 00:38:18,430 --> 00:38:22,434 as a result of the brain injury he received in combat? 931 00:38:22,468 --> 00:38:25,437 Such out-patient care may not have been available. 932 00:38:27,406 --> 00:38:31,009 Not available to a soldier who received 933 00:38:31,042 --> 00:38:34,413 a less-than-honorable discharge from the service? 934 00:38:34,446 --> 00:38:37,082 That may have had something to do with it, yes. 935 00:38:37,115 --> 00:38:39,818 You testified Mr. Cole's care 936 00:38:39,851 --> 00:38:43,755 was, quote, "consistent with the level of treatment 937 00:38:43,789 --> 00:38:45,457 in your facility." 938 00:38:45,491 --> 00:38:49,595 People's 30 to 35. 939 00:38:49,628 --> 00:38:51,530 Do you recognize these photos? 940 00:38:58,103 --> 00:39:01,006 That's ward five at the Linden V.A. 941 00:39:01,039 --> 00:39:06,478 Ward five was where Mr. Cole was housed. 942 00:39:06,512 --> 00:39:11,950 Doctor, is it consistent with the level of care 943 00:39:11,983 --> 00:39:14,019 in your facility 944 00:39:14,052 --> 00:39:16,855 to place wounded veterans in rooms 945 00:39:16,888 --> 00:39:18,390 rife with mold, 946 00:39:18,424 --> 00:39:21,026 infested with rodents-- 947 00:39:21,059 --> 00:39:23,028 That's not a fair question! 948 00:39:23,061 --> 00:39:24,463 Or to provide housing for our wounded 949 00:39:25,564 --> 00:39:28,500 that is putrid with the stench of faulty plumbing? 950 00:39:28,534 --> 00:39:30,101 Look, you don't understand. 951 00:39:30,135 --> 00:39:32,103 We are overwhelmed. 952 00:39:32,137 --> 00:39:34,873 There's no money for-- 953 00:39:34,906 --> 00:39:36,975 For what, proper care? 954 00:39:37,008 --> 00:39:39,445 We have a $14 million shortfall 955 00:39:39,478 --> 00:39:40,946 at our facility alone. 956 00:39:40,979 --> 00:39:44,049 Doctor, when we send our soldiers-- 957 00:39:44,082 --> 00:39:45,817 No, strike that. 958 00:39:45,851 --> 00:39:50,556 When we send our children to fight in a war of choice... 959 00:39:50,589 --> 00:39:54,660 don't we have the moral obligation, 960 00:39:54,693 --> 00:39:58,096 the patriotic duty... 961 00:39:58,129 --> 00:40:01,099 to care for those who come home alive... 962 00:40:01,132 --> 00:40:02,601 whatever the cost? 963 00:40:02,634 --> 00:40:05,103 Of course we do. 964 00:40:05,136 --> 00:40:09,541 But we never expected this number of wounded. 965 00:40:09,575 --> 00:40:11,877 This rate of survival. 966 00:40:11,910 --> 00:40:13,945 Never expected? 967 00:40:13,979 --> 00:40:15,481 Are you saying it would have been 968 00:40:15,514 --> 00:40:19,184 more convenient for you-- for the V.A.-- 969 00:40:19,217 --> 00:40:23,622 if more of our men and women, 970 00:40:23,655 --> 00:40:26,224 our children-- 971 00:40:26,257 --> 00:40:29,995 if they had died in Iraq? 972 00:40:34,533 --> 00:40:36,935 [whispering inaudibly] 973 00:40:50,716 --> 00:40:52,518 25 to life? 974 00:40:52,551 --> 00:40:55,020 I thought you'd be more understanding. 975 00:40:55,053 --> 00:40:57,589 The V.A.'s neglect doesn't excuse your client. 976 00:40:57,623 --> 00:41:00,125 He knew what he was capable of, 977 00:41:00,158 --> 00:41:02,628 he knew how to stop it, and he did nothing. 978 00:41:02,661 --> 00:41:04,596 That much will be crystal clear 979 00:41:04,630 --> 00:41:07,132 to the jury. 980 00:41:07,165 --> 00:41:07,966 I'm sorry for your injury. 981 00:41:09,034 --> 00:41:11,002 I'm sorrier for the two men you killed. 982 00:41:11,036 --> 00:41:12,571 20 years. 983 00:41:12,604 --> 00:41:15,273 [scoffs] Sure, why not? 984 00:41:15,306 --> 00:41:19,177 At least I'll get my meds. 985 00:41:21,647 --> 00:41:24,182 Send me the paperwork. 986 00:41:37,262 --> 00:41:39,998 I'm really proud of you, Jack. 987 00:41:42,568 --> 00:41:46,071 I just got off the phone with the U.S. Attorney's office. 988 00:41:46,104 --> 00:41:48,607 They're seeking contempt charges against you. 989 00:41:48,640 --> 00:41:49,775 Talking about jail time. 990 00:41:49,808 --> 00:41:52,310 I'm gonna go bake you a cake 991 00:41:52,343 --> 00:41:53,311 with a hacksaw in it. 992 00:41:53,344 --> 00:41:55,146 Make it chocolate. 993 00:41:57,616 --> 00:41:59,651 This is no joke. 994 00:41:59,685 --> 00:42:01,319 The U.S. Attorney was stomping and hollering 995 00:42:01,352 --> 00:42:04,055 about how airing the V.A.'s dirty laundry 996 00:42:04,089 --> 00:42:05,657 was giving aid and comfort to the enemy. 997 00:42:05,691 --> 00:42:07,759 And you agree with them? 998 00:42:10,095 --> 00:42:11,963 I would think improving conditions at V.A. hospitals 999 00:42:11,997 --> 00:42:15,066 would give aid and comfort to our own troops. 1000 00:42:15,100 --> 00:42:17,669 Amen. 1001 00:42:17,703 --> 00:42:20,171 I wouldn't worry too much about jail. 1002 00:42:20,205 --> 00:42:23,274 You'll have the very best legal representation 1003 00:42:23,308 --> 00:42:25,043 at the contempt hearing. 1004 00:42:25,076 --> 00:42:26,578 You? 1005 00:42:26,612 --> 00:42:28,179 And at a reasonable fee. 1006 00:42:28,213 --> 00:42:30,015 Uh, Jack... 1007 00:42:30,048 --> 00:42:32,317 don't do that again. 1008 00:42:32,350 --> 00:42:32,417 Not on my watch.