1
00:00:21,981 --> 00:00:23,483
Where are you, Nadine?
2
00:00:39,415 --> 00:00:43,419
The witness has a history of running away,
but we're confident we'll locate her.
3
00:00:43,503 --> 00:00:44,962
I just need an adjournment.
4
00:00:45,046 --> 00:00:48,716
I'm sorry, given the public turmoil
this whole situation has stirred up,
5
00:00:48,800 --> 00:00:51,177
I think it's best we proceed as scheduled.
6
00:00:51,260 --> 00:00:53,221
I'd like to read the witness' testimony
into the record--
7
00:00:53,304 --> 00:00:56,474
Your Honor, that is a clear violation
of my clients' Crawford rights.
8
00:00:56,557 --> 00:01:00,019
I'm not about to subvert due process
because the State misplaced its witness.
9
00:01:00,686 --> 00:01:01,938
Find her, Counselor.
10
00:01:02,939 --> 00:01:04,440
Trial will begin as scheduled.
11
00:01:06,400 --> 00:01:07,777
Needless to say,
12
00:01:07,860 --> 00:01:10,196
I'll move to have the case dismissed
as soon as possible.
13
00:01:10,655 --> 00:01:12,323
I think Dolan will grant it.
14
00:01:12,406 --> 00:01:16,202
As long as your witness doesn't show up,
you three are in the clear.
15
00:01:17,411 --> 00:01:18,246
Lucky you.
16
00:01:19,789 --> 00:01:21,082
And what about my case?
17
00:01:22,917 --> 00:01:24,710
Without aggravated manslaughter,
18
00:01:24,794 --> 00:01:26,504
you're still on the hook
for death by auto.
19
00:01:26,587 --> 00:01:28,798
But the State's case
is all circumstantial.
20
00:01:29,799 --> 00:01:33,135
Trial will come down to a choice
between two narratives,
21
00:01:33,219 --> 00:01:36,430
hero cop versus a prosecutor
playing the race card.
22
00:01:41,727 --> 00:01:44,647
Teresa Tonelli's
on the prosecution's witness list.
23
00:01:44,730 --> 00:01:46,315
Your wife's cousin?
24
00:01:48,234 --> 00:01:49,235
Yeah.
25
00:01:51,154 --> 00:01:54,240
In an ideal world,
she would say nothing...
26
00:01:55,366 --> 00:01:56,659
about the truck...
27
00:01:57,243 --> 00:02:00,663
or whatever transpired between
the two of you when she borrowed it.
28
00:02:03,291 --> 00:02:04,500
That would be ideal.
29
00:02:07,837 --> 00:02:09,255
So, what we need to do...
30
00:02:12,508 --> 00:02:14,093
I need to see Pete alone.
31
00:02:16,429 --> 00:02:17,930
Given the circumstances...
32
00:02:18,806 --> 00:02:20,933
he might become my sole client.
33
00:02:21,017 --> 00:02:23,436
So, we need some privacy.
34
00:02:29,692 --> 00:02:30,943
You're in good hands.
35
00:02:37,450 --> 00:02:41,454
-I want you to know, I got nothing to do--
36
00:02:42,538 --> 00:02:43,789
Find a priest.
37
00:02:44,540 --> 00:02:45,875
I don't fucking care.
38
00:02:46,626 --> 00:02:49,420
All I care about is clearing a cop's name
39
00:02:49,503 --> 00:02:51,714
so that people don't grab
for their fucking camera phones
40
00:02:51,797 --> 00:02:53,466
every time they spot a badge.
41
00:03:01,974 --> 00:03:02,892
Hey.
42
00:03:04,060 --> 00:03:05,144
Osorio.
43
00:03:10,733 --> 00:03:13,027
We're in the homestretch, okay?
44
00:03:14,362 --> 00:03:16,072
We gotta keep the kid calm.
45
00:03:17,198 --> 00:03:20,743
He gets nervous, makes a deal,
it all falls apart.
46
00:03:21,786 --> 00:03:24,163
You gotta keep it together, all right?
47
00:03:25,164 --> 00:03:26,415
I already did my part.
48
00:03:27,083 --> 00:03:28,668
-Hey!
-Don't tell me what to do.
49
00:03:29,001 --> 00:03:30,711
Crazy running into you kids here.
50
00:03:31,587 --> 00:03:32,838
Yeah, funny.
51
00:03:32,922 --> 00:03:35,132
My dentist is in this building.
52
00:03:35,216 --> 00:03:37,843
Good guy, great drill work.
If y'all ever need a, uh, root canal,
53
00:03:37,927 --> 00:03:38,844
you let me know, okay?
54
00:03:38,928 --> 00:03:40,805
Let's bounce.
Game's on, gonna miss the tip.
55
00:03:40,888 --> 00:03:44,058
No, hold up, hold up. Um,
I need a little help finding a witness.
56
00:03:45,643 --> 00:03:48,729
Fifteen-year-old kid, junkie,
purple streak in her hair.
57
00:03:48,813 --> 00:03:50,773
I know you know her.
Remember that picture I showed you?
58
00:03:50,856 --> 00:03:53,526
Why don't you get a canine
search and rescue on it?
59
00:03:53,609 --> 00:03:55,444
Wait, what am I talking about?
You got all those dogs,
60
00:03:55,528 --> 00:03:58,739
so, why don't you give them
one of her panties to sniff?
61
00:03:58,823 --> 00:03:59,949
Aah.
62
00:04:00,032 --> 00:04:01,701
Nah, I'll let that one slide, D.
63
00:04:02,702 --> 00:04:05,663
But when I find my witness, if she
tells me you so much as looked at her--
64
00:04:05,746 --> 00:04:07,707
What are you gonna fucking do, Fish?
65
00:04:12,378 --> 00:04:14,130
You lost your witness.
66
00:04:14,213 --> 00:04:16,799
Don't come at me
'cause you're shit police.
67
00:04:20,428 --> 00:04:21,762
Hey, Fish, you like birds?
68
00:04:23,431 --> 00:04:24,432
See you guys later.
69
00:04:28,686 --> 00:04:32,773
Perception will be key,
so I need you to sit together in court.
70
00:04:32,857 --> 00:04:35,568
The jury will notice.
I hope that's not a problem.
71
00:04:36,068 --> 00:04:36,986
It isn't.
72
00:04:38,404 --> 00:04:42,199
Good. As Brenton's mother,
your testimony is so critical.
73
00:04:43,075 --> 00:04:46,704
The jury needs to see your son
through your eyes.
74
00:04:46,787 --> 00:04:50,333
Let them feel your love and your pain.
75
00:04:50,416 --> 00:04:53,836
Half of them have children,
so if you feel emotional,
76
00:04:53,919 --> 00:04:55,338
if you need to cry,
77
00:04:55,421 --> 00:04:57,506
don't be afraid to let them see that.
78
00:05:00,092 --> 00:05:01,802
The defense will come at you hard.
79
00:05:02,178 --> 00:05:06,015
She'll claim Brenton was a gang member,
she'll paint you as a clueless parent.
80
00:05:06,098 --> 00:05:08,267
But I know who my child is.
81
00:05:09,060 --> 00:05:11,562
She'll mention the Port Authority arrest
last summer
82
00:05:11,645 --> 00:05:15,232
since you were the one to pick Brenton up
and pay the DEDR penalty.
83
00:05:15,316 --> 00:05:16,859
And that's why you needed that $500.
84
00:05:16,942 --> 00:05:18,611
-Brenton--
-You said it was for the car.
85
00:05:18,694 --> 00:05:20,154
Brenton begged me not to say anything--
86
00:05:20,237 --> 00:05:22,907
-You should've told me!
Mr. Butler, we need to focus.
87
00:05:24,492 --> 00:05:27,078
We have just one day before trial.
88
00:05:27,161 --> 00:05:29,121
We need to be on the same side.
89
00:05:29,205 --> 00:05:30,873
We can't afford
to let the jury see this...
90
00:05:31,374 --> 00:05:34,418
whatever this is going on
between you two.
91
00:05:34,502 --> 00:05:36,420
You don't have to worry about me.
92
00:05:38,339 --> 00:05:39,256
Okay.
93
00:05:39,799 --> 00:05:42,802
We need to talk about Seth.
I know how much Brenton meant to him,
94
00:05:42,885 --> 00:05:45,387
but his ties to the Five Kings
only hurt us.
95
00:05:46,097 --> 00:05:48,641
So, the best thing that he can do
is stay away.
96
00:06:17,920 --> 00:06:19,630
Marcelle's out with the kids.
97
00:06:19,713 --> 00:06:21,048
I came to see you.
98
00:06:26,595 --> 00:06:27,847
About the trial.
99
00:06:29,098 --> 00:06:31,183
The prosecutor
doesn't want you to testify.
100
00:06:32,351 --> 00:06:35,896
What with your Five Kings, your past.
101
00:06:35,980 --> 00:06:37,356
Yeah, I figured as much.
102
00:06:37,940 --> 00:06:39,442
Um...
103
00:06:41,902 --> 00:06:44,029
She also doesn't want you
to be at the trial.
104
00:06:44,989 --> 00:06:46,282
Said it won't look good.
105
00:06:51,537 --> 00:06:52,621
Whatever it takes.
106
00:06:53,706 --> 00:06:55,875
Whatever it takes
to get justice for little man.
107
00:06:56,458 --> 00:06:58,669
-Okay.
-I won't make no trouble.
108
00:06:59,086 --> 00:07:00,004
Good.
109
00:07:08,137 --> 00:07:09,555
Going back already?
110
00:07:13,601 --> 00:07:15,769
Thought all you wanted
was to be home again.
111
00:07:19,398 --> 00:07:20,399
Home ain't here.
112
00:07:22,985 --> 00:07:24,069
Not no more.
113
00:07:33,329 --> 00:07:36,415
Respond to Lindenhurst
marshlands to assist other officers.
114
00:07:36,499 --> 00:07:39,793
911 call received about female victim,
Caucasian,
115
00:07:39,877 --> 00:07:41,420
-14 to 18 years old.
116
00:07:41,504 --> 00:07:42,963
EMT units en route.
117
00:08:22,586 --> 00:08:23,504
Fish.
118
00:08:28,467 --> 00:08:30,469
It's not her.
There's no purple in her hair.
119
00:08:32,513 --> 00:08:33,556
Come on. Let's go.
120
00:08:39,728 --> 00:08:42,439
Ah, that can't be her.
121
00:08:53,450 --> 00:08:54,410
Fish!
122
00:08:57,288 --> 00:08:59,623
The State's case
against three of my clients
123
00:08:59,707 --> 00:09:02,668
rests entirely
on this witness's testimony.
124
00:09:02,751 --> 00:09:05,087
I move to dismiss the charges
against them.
125
00:09:05,170 --> 00:09:06,755
Counselor, any response to that?
126
00:09:07,339 --> 00:09:11,427
My witness turns up dead
the day before trial.
127
00:09:12,595 --> 00:09:14,054
That doesn't bother anyone?
128
00:09:16,140 --> 00:09:18,267
She was a heroin addict who...
129
00:09:18,726 --> 00:09:21,312
in my understanding, overdosed.
130
00:09:22,438 --> 00:09:24,481
It's a tragedy, but not a crime.
131
00:09:24,565 --> 00:09:29,862
Your Honor, if you dismiss,
without prejudice, please.
132
00:09:30,404 --> 00:09:32,990
In case any further evidence
comes to light.
133
00:09:34,783 --> 00:09:37,745
Preliminary rapid tox
came back positive for heroin.
134
00:09:37,828 --> 00:09:41,081
That plus the needle mark
at the right interior forearm
135
00:09:41,165 --> 00:09:42,958
with the discoloration around it.
136
00:09:43,459 --> 00:09:46,962
Preliminary cause of death
looks like acute heroin toxicity.
137
00:09:47,046 --> 00:09:51,050
Pending final tox results,
I'm gonna call MOD an accident.
138
00:09:52,593 --> 00:09:53,969
You're saying she OD'd?
139
00:09:57,431 --> 00:09:59,308
You're wrong. That's wrong.
140
00:10:00,559 --> 00:10:01,810
Rinaldi.
141
00:10:01,894 --> 00:10:02,853
Hey.
142
00:10:03,395 --> 00:10:06,148
The kid's a junkie.
Come on, you said it yourself.
143
00:10:35,260 --> 00:10:36,220
No.
144
00:10:39,264 --> 00:10:40,265
No.
145
00:10:45,020 --> 00:10:46,814
But she said she saw them.
146
00:10:47,648 --> 00:10:49,400
She made a statement, didn't she?
147
00:10:49,483 --> 00:10:51,902
-It's not admissible.
148
00:10:51,985 --> 00:10:55,572
A defendant has a constitutional right
to confront an accuser in court.
149
00:10:56,323 --> 00:10:58,325
What about Brenton's rights?
150
00:10:58,409 --> 00:11:02,121
They weren't thinking about his rights
when they left him to die in that ditch.
151
00:11:02,204 --> 00:11:03,539
We lost our son.
152
00:11:05,082 --> 00:11:06,333
We lost everything.
153
00:11:09,086 --> 00:11:11,839
And now you're telling me
he'll only get five years?
154
00:11:11,922 --> 00:11:13,841
Without the conspiracy charges,
155
00:11:14,800 --> 00:11:18,137
auto death carries a sentence
of five to ten years.
156
00:11:18,929 --> 00:11:22,641
But as the defendant is a police officer,
he has certain protections.
157
00:11:23,058 --> 00:11:24,184
Oh.
158
00:11:28,355 --> 00:11:32,985
In similar cases, I've never seen
a sentence of more than five years.
159
00:11:34,069 --> 00:11:36,572
And it is likely
that he will serve less than that.
160
00:11:40,409 --> 00:11:43,579
I will do everything in my power...
161
00:11:44,455 --> 00:11:46,540
to ensure he serves more.
162
00:12:00,804 --> 00:12:02,264
I'll do everything I can.
163
00:12:03,724 --> 00:12:05,017
I promise. I...
164
00:12:07,478 --> 00:12:08,437
Yeah.
165
00:12:10,647 --> 00:12:12,316
Everybody promises.
166
00:12:14,443 --> 00:12:17,321
You know, when I was growing up,
I always thought that, uh...
167
00:12:18,489 --> 00:12:19,740
I was different.
168
00:12:19,823 --> 00:12:21,200
And I believed.
169
00:12:23,118 --> 00:12:24,286
And I had faith.
170
00:12:25,370 --> 00:12:28,123
So, you're always thinking
you're protected, you know,
171
00:12:28,207 --> 00:12:29,625
nothing's gonna touch me.
172
00:12:32,294 --> 00:12:33,879
Nothing gonna touch my family.
173
00:12:36,590 --> 00:12:38,509
And then something happens.
174
00:12:38,592 --> 00:12:40,302
And then you realize.
175
00:12:41,386 --> 00:12:43,430
Because it ain't just happening to me.
176
00:12:44,973 --> 00:12:46,642
It ain't just happen to my son.
177
00:12:48,519 --> 00:12:50,604
It's happening to black boys all over.
178
00:12:50,687 --> 00:12:55,317
I'll do everything in my power
to ensure he serves more than that.
179
00:12:55,984 --> 00:12:57,986
He will pay for what he did.
180
00:12:58,654 --> 00:12:59,655
Really?
181
00:13:07,287 --> 00:13:08,205
A hate crime?
182
00:13:08,872 --> 00:13:10,165
And what does that mean?
183
00:13:10,249 --> 00:13:14,836
The assistant prosecutor is alleging
that you left Brenton Butler for dead
184
00:13:14,920 --> 00:13:16,004
because of his race.
185
00:13:16,088 --> 00:13:18,924
He didn't know his race,
he didn't even see him.
186
00:13:19,007 --> 00:13:22,844
If she can prove it's a hate crime,
and you're convicted of auto death,
187
00:13:22,928 --> 00:13:25,472
your sentence will be enhanced,
substantially.
188
00:13:25,889 --> 00:13:27,516
And what are we talking? Auto death is five to ten years.
189
00:13:30,143 --> 00:13:33,814
With this particular enhancement,
you're looking at 20 to 30 years.
190
00:13:35,941 --> 00:13:36,900
Jesus Christ.
191
00:13:36,984 --> 00:13:42,447
She'll go after character, your history,
any sort of racial bias in your past.
192
00:13:43,699 --> 00:13:46,702
Let's get to work.
We don't have a lot of time.
193
00:13:47,160 --> 00:13:48,453
Can you put coffee on? I take mine black.
194
00:13:56,962 --> 00:13:57,963
Marie.
195
00:14:00,382 --> 00:14:02,009
I want you in court tomorrow
with that baby.
196
00:14:03,260 --> 00:14:06,513
Every day, bring that baby. Understood?
197
00:14:12,978 --> 00:14:13,979
Killer!
198
00:14:37,377 --> 00:14:38,462
All rise.
199
00:14:39,630 --> 00:14:41,840
The honorable Judge Robert Dolan
presiding.
200
00:14:49,181 --> 00:14:52,476
Case Number 824403-2017,
201
00:14:52,559 --> 00:14:55,562
the State of New Jersey
v. Peter Jablonski.
202
00:14:55,646 --> 00:14:58,565
Is the State ready to give
its opening statements, Ms. Harper?
203
00:14:58,649 --> 00:14:59,650
Yes, Your Honor.
204
00:15:07,074 --> 00:15:09,618
This case is clear and simple.
205
00:15:11,286 --> 00:15:15,165
On the morning of February 15, 2017,
206
00:15:16,124 --> 00:15:18,210
as he drove through Liberty Park,
207
00:15:19,169 --> 00:15:21,171
Officer Peter Jablonski...
208
00:15:22,297 --> 00:15:24,341
hit 15-year-old Brenton Butler...
209
00:15:24,967 --> 00:15:27,219
and fled the scene of his crime.
210
00:15:27,302 --> 00:15:30,430
Cell records place Officer Jablonski
in the park,
211
00:15:31,056 --> 00:15:34,559
and blue paint chips
recovered from Brenton's body
212
00:15:34,643 --> 00:15:37,980
match the blue Ford Escape
registered to the defendant's wife,
213
00:15:38,063 --> 00:15:40,107
a car which is now mysteriously missing.
214
00:15:41,108 --> 00:15:42,734
After he hit Brenton,
215
00:15:43,610 --> 00:15:47,698
Officer Jablonski did not stop
and render aid,
216
00:15:47,781 --> 00:15:51,076
as was his duty as an officer of the law.
217
00:15:51,159 --> 00:15:54,037
Instead, he made the heartless calculation
218
00:15:54,121 --> 00:15:58,375
that this young black boy's life
mattered less than his own future.
219
00:16:00,168 --> 00:16:02,504
And he left Brenton in that ditch
220
00:16:03,255 --> 00:16:06,008
as a blizzard blanketed this city.
221
00:16:07,509 --> 00:16:09,386
Brenton lay there for 12 hours.
222
00:16:10,012 --> 00:16:13,306
But it took Officer Jablonski
only a moment,
223
00:16:13,390 --> 00:16:15,100
a few seconds maybe,
224
00:16:16,226 --> 00:16:18,395
to deny a boy his life
225
00:16:18,854 --> 00:16:21,857
and ruin the lives
of everyone who loved him.
226
00:16:22,858 --> 00:16:26,820
The reason the State
has characterized this as a hate crime
227
00:16:26,903 --> 00:16:29,614
is that when Officer Jablonski
made that decision,
228
00:16:30,073 --> 00:16:34,619
he acted under the biased belief
that this young black child's life
229
00:16:34,703 --> 00:16:36,038
was disposable.
230
00:16:37,289 --> 00:16:40,959
As we will demonstrate from his record
and his personal history,
231
00:16:42,002 --> 00:16:46,882
Officer Jablonski's prejudices led him
to believe that no one would care enough
232
00:16:46,965 --> 00:16:49,342
to properly investigate Brenton's death.
233
00:16:49,426 --> 00:16:54,056
And no one would be willing
to convict him for killing this child.
234
00:16:56,558 --> 00:16:58,477
You have the power to prove him wrong.
235
00:17:11,907 --> 00:17:17,412
The State would like you to believe
its case is simple and straightforward.
236
00:17:18,914 --> 00:17:23,502
If they believe it's simple,
it's because their facts are slight.
237
00:17:23,585 --> 00:17:25,087
If they tell you it's straightforward,
238
00:17:25,170 --> 00:17:28,340
that's because they don't want you
to notice the holes. They have built a circumstantial case
239
00:17:32,177 --> 00:17:36,181
selectively assembled
to cast guilt on my client,
240
00:17:37,140 --> 00:17:40,102
a young officer with a new family,
241
00:17:40,185 --> 00:17:41,603
a stellar record,
242
00:17:41,686 --> 00:17:44,022
and a profound sense of integrity.
243
00:17:44,898 --> 00:17:48,610
The only reason the State
can tie him to that park at all
244
00:17:48,693 --> 00:17:51,029
is because he was doing his job.
245
00:17:51,696 --> 00:17:55,575
Someone hit Brenton Butler,
and it is a tragedy.
246
00:17:57,160 --> 00:18:01,373
But this was in all likelihood
a gang-related death,
247
00:18:01,456 --> 00:18:03,250
not a hate crime.
248
00:18:03,333 --> 00:18:07,504
The very fact that the State
has brought this charge at all
249
00:18:07,587 --> 00:18:11,591
tells you that this trial
is a politically motivated stunt
250
00:18:11,675 --> 00:18:13,969
designed to placate a city
251
00:18:14,052 --> 00:18:17,264
that has been torn apart
by the death of this young boy.
252
00:18:18,390 --> 00:18:23,145
Yes, race is a painful issue
in this country.
253
00:18:23,228 --> 00:18:29,025
And yes, prejudice and bias
are despicable realities.
254
00:18:29,109 --> 00:18:34,239
But the law is blind to all but the facts,
and so must you be.
255
00:18:44,249 --> 00:18:45,917
You may proceed, Counselor.
256
00:18:47,919 --> 00:18:51,506
The State would like to call to the stand
Sergeant Michael DiAngelo.
257
00:19:03,185 --> 00:19:05,604
Swear to tell the truth,
the whole truth and nothing but the truth,
258
00:19:05,687 --> 00:19:07,731
-I do.
259
00:19:15,488 --> 00:19:18,200
Can you state your name and rank
for the record?
260
00:19:18,283 --> 00:19:21,494
Michael DiAngelo.
Sergeant, Special Investigations,
261
00:19:21,578 --> 00:19:23,496
Anti-Gang and Drug Unit,
262
00:19:23,580 --> 00:19:25,373
Jersey City Police Department.
263
00:19:25,832 --> 00:19:28,710
And what exactly does your job entail?
264
00:19:28,793 --> 00:19:32,088
I investigate the possession
and distribution of narcotics
265
00:19:32,172 --> 00:19:36,509
and the criminal street gangs
associated with the city's drug trade.
266
00:19:36,593 --> 00:19:40,138
And do you arrest these criminals
or do you just investigate them?
267
00:19:40,222 --> 00:19:42,807
Objection. Your Honor,
she's badgering her own witness.
268
00:19:42,891 --> 00:19:44,434
Ms. Harper, keep to the point.
269
00:19:48,063 --> 00:19:54,653
I'd like to mark this report
dated February 15th, 2017 as Exhibit S-1.
270
00:19:54,736 --> 00:19:59,366
It says you and Officer Wilcox
were executing a controlled buy
271
00:19:59,449 --> 00:20:03,245
at the Riverside Projects
on the morning of February 15th
272
00:20:03,328 --> 00:20:06,248
from approximately
6:00 a.m. to 9:00 a.m.
273
00:20:06,331 --> 00:20:07,332
Is that correct?
274
00:20:07,415 --> 00:20:09,501
-If that's what I wrote.
-It is.
275
00:20:12,587 --> 00:20:15,924
Officer Jablonski wasn't present?
Or Officer Osorio?
276
00:20:16,007 --> 00:20:17,217
They were both there.
277
00:20:18,301 --> 00:20:20,845
Jablonski wasn't an official member
of my team yet,
278
00:20:20,929 --> 00:20:23,515
and Osorio I left off by mistake.
279
00:20:24,099 --> 00:20:25,058
Hmm.
280
00:20:29,312 --> 00:20:31,606
Can the clerk please mark tower records
281
00:20:31,690 --> 00:20:34,234
from American Telephone and Telegraph,
282
00:20:35,277 --> 00:20:39,781
tower NJ-148NJC as Exhibit S-2.
283
00:20:39,864 --> 00:20:41,741
Sergeant, according to these records,
284
00:20:41,825 --> 00:20:44,494
at the times indicated in your report,
285
00:20:44,577 --> 00:20:47,122
your cell phone made several calls...
286
00:20:47,831 --> 00:20:49,416
from a tower serving Liberty Park,
287
00:20:49,499 --> 00:20:53,378
placing you either within the park
or very close to its boundary.
288
00:20:53,461 --> 00:20:56,298
Well, most arrests don't happen
at an exact address.
289
00:20:56,381 --> 00:20:58,216
They happen in the general vicinity.
290
00:20:58,967 --> 00:21:01,553
Criminals tend to, uh--
They-- They move around.
291
00:21:02,178 --> 00:21:08,018
Your phone placed a six-minute call
to Officer Jablonski's phone at 6:45 a.m.
292
00:21:08,101 --> 00:21:10,979
According to Bayonne Hospital
security footage,
293
00:21:11,062 --> 00:21:15,233
Officer Jablonski didn't arrive
until 7:33 a.m.
294
00:21:15,984 --> 00:21:18,903
Can you account for his whereabouts
during those 42 minutes?
295
00:21:18,987 --> 00:21:20,363
Me personally? No.
296
00:21:20,572 --> 00:21:24,200
From the location
you were actually at to Bayonne Hospital
297
00:21:24,284 --> 00:21:27,120
is routinely a 15-minute drive
at 7:00 a.m.
298
00:21:28,663 --> 00:21:30,874
-If you say so.
-Google Maps says so.
299
00:21:33,251 --> 00:21:36,671
That leaves 27 minutes
you can't account for.
300
00:21:37,422 --> 00:21:40,133
Twenty-seven minutes
during which Officer Jablonski
301
00:21:40,216 --> 00:21:42,469
could have been driving
through Liberty Park.
302
00:21:45,263 --> 00:21:47,557
-That's possible, I suppose.
It is.
303
00:21:47,640 --> 00:21:51,603
And isn't it also possible
that during that 27 minutes
304
00:21:51,686 --> 00:21:55,523
Officer Jablonski hit Brenton Butler
and drove away?
305
00:21:55,607 --> 00:21:56,441
No.
306
00:21:57,400 --> 00:21:59,569
Petey did not kill that kid.
307
00:22:00,570 --> 00:22:02,322
But you can't know that, Sergeant.
308
00:22:03,740 --> 00:22:05,700
Well, unless you were there
in the park with him.
309
00:22:06,534 --> 00:22:07,535
Can you?
310
00:22:16,461 --> 00:22:20,507
I understand today in court is not
your first encounter with Ms. Harper.
311
00:22:21,633 --> 00:22:24,719
My unit interacts with prosecutors a lot.
312
00:22:26,221 --> 00:22:27,764
I've met Ms. Harper before.
313
00:22:27,847 --> 00:22:32,060
Can you tell me about your interaction
with Ms. Harper on March 8th?
314
00:22:34,395 --> 00:22:38,274
She didn't agree with my tactics
in an investigation.
315
00:22:38,358 --> 00:22:41,027
She, uh...
She called me a "son of a bitch."
316
00:22:41,111 --> 00:22:44,280
-So, clearly, she has an ax to grind.
-Objection! Relevance.
317
00:22:44,364 --> 00:22:45,990
Well, it goes to motivation.
318
00:22:46,449 --> 00:22:48,827
Prosecutor's bias led to these charges.
319
00:22:48,910 --> 00:22:50,036
Sustained.
320
00:22:50,120 --> 00:22:52,789
How the AP does her job
is not on trial here.
321
00:22:52,872 --> 00:22:54,749
Sergeant, in your experience,
322
00:22:54,833 --> 00:22:57,043
is Liberty Park associated
with gangs and drugs?
323
00:22:57,127 --> 00:22:58,044
It is.
324
00:22:58,128 --> 00:23:02,841
In your expert opinion, could a teenager
left for dead in that park
325
00:23:02,924 --> 00:23:06,845
have been the victim of gang retaliation
made to look like a hit
326
00:23:06,928 --> 00:23:09,180
I'd say that is definitely possible.
327
00:23:09,264 --> 00:23:11,683
Thank you, Sergeant. No further questions.
328
00:23:14,352 --> 00:23:16,980
Officer Osorio,
are you a native Spanish speaker?
329
00:23:20,191 --> 00:23:21,234
Yeah.
330
00:23:21,317 --> 00:23:23,778
And have you ever personally felt
singled out on the job
331
00:23:23,862 --> 00:23:24,779
when you spoke Spanish?
332
00:23:25,780 --> 00:23:29,617
-We don't see color, we see blue.
That's department policy, isn't it?
333
00:23:30,118 --> 00:23:32,871
Not to discriminate
based on race or creed?
334
00:23:34,581 --> 00:23:36,457
Yeah. You know that.
335
00:23:36,541 --> 00:23:39,377
Have any of your co-workers
in the Jersey City Police Department
336
00:23:39,460 --> 00:23:41,045
ever used racial epithets?
337
00:23:46,217 --> 00:23:48,219
-No.
Really?
338
00:23:48,303 --> 00:23:50,430
Objection.
Your Honor, the State is fishing.
339
00:23:50,513 --> 00:23:53,474
Your Honor, I'm trying to establish
a culture of racial attitudes
340
00:23:53,558 --> 00:23:55,435
that may have affected
the defendant's state of mind.
341
00:23:55,518 --> 00:23:59,981
I'll allow it, but get to the point
with the next question, Counselor.
342
00:24:00,565 --> 00:24:02,233
In Officer Jablonski's arrest record,
343
00:24:02,317 --> 00:24:06,237
both while in your unit
and in the East District,
344
00:24:07,655 --> 00:24:11,284
there are disproportionate arrests
of individuals of color.
345
00:24:12,410 --> 00:24:13,995
As a Puerto Rican officer,
346
00:24:15,038 --> 00:24:17,707
are you really telling me
that race doesn't matter?
347
00:24:23,296 --> 00:24:24,547
Not in my experience.
348
00:24:25,548 --> 00:24:27,467
Are you lying to protect
your fellow officer?
349
00:24:27,550 --> 00:24:28,801
Objection! Your Honor.
350
00:24:28,885 --> 00:24:31,179
Apologies, Your Honor.
351
00:24:33,640 --> 00:24:34,641
That's all I have.
352
00:24:37,936 --> 00:24:39,854
Can you state your name, please?
353
00:24:40,647 --> 00:24:42,440
Peter Matthew Jablonski.
354
00:24:43,566 --> 00:24:45,818
And what is your relationship
to the defendant?
355
00:24:45,902 --> 00:24:46,903
I'm his father.
356
00:24:47,487 --> 00:24:50,823
I understand you
and Mr. Jablonski's mother separated
357
00:24:50,907 --> 00:24:52,200
when he was a child.
358
00:24:53,284 --> 00:24:55,328
Were you involved at all
in his upbringing?
359
00:24:55,411 --> 00:24:57,121
Well, just because she and I
called it quits
360
00:24:57,205 --> 00:24:58,998
doesn't mean I was gonna leave him
in the lurch.
361
00:24:59,082 --> 00:25:00,667
I had him weekends, some weekends,
362
00:25:00,750 --> 00:25:04,796
and, you know, I tried to teach him stuff
that I learned the hard way,
363
00:25:04,879 --> 00:25:06,089
so he didn't have to.
364
00:25:06,589 --> 00:25:11,261
Were you with him during the incident
that occurred on July 30th, 2004?
365
00:25:13,304 --> 00:25:14,555
Yeah, I was there.
366
00:25:16,849 --> 00:25:21,729
I'd like to mark Exhibits S-4A and S-4B
at this time.
367
00:25:22,355 --> 00:25:23,564
Proceed.
368
00:25:46,087 --> 00:25:48,006
-Sure.
369
00:25:49,007 --> 00:25:51,843
Petey was kind of a runt in high school,
and this...
370
00:25:52,719 --> 00:25:54,846
corner kid was always picking on him.
371
00:25:54,929 --> 00:25:58,057
Ah, one time Pete saved up
for some Jordans,
372
00:25:58,141 --> 00:26:01,769
and sure enough,
that little thug jumped him. Stole them.
373
00:26:01,853 --> 00:26:04,147
Now I don't know about you,
but no son of mine's
374
00:26:04,230 --> 00:26:08,401
gonna leave a beating unanswered,
so I showed him a couple of moves,
375
00:26:08,484 --> 00:26:11,112
and then I marched him
right on down back there.
376
00:26:11,195 --> 00:26:13,156
Petey destroyed that kid.
377
00:26:14,991 --> 00:26:16,159
Taught that animal a lesson.
378
00:26:17,035 --> 00:26:19,662
And do you think this incident
might have left your son
379
00:26:19,746 --> 00:26:21,706
with any reason for racial animus?
380
00:26:23,041 --> 00:26:23,916
Oh.
381
00:26:25,251 --> 00:26:28,588
Yeah, okay. You're black, I'm white,
bottom line. I got eyes.
382
00:26:29,255 --> 00:26:30,798
You know, the trouble comes when--
383
00:26:30,882 --> 00:26:33,343
when we pretend like people
aren't who they are.
384
00:26:37,513 --> 00:26:39,140
No further questions, Your Honor.
385
00:26:52,570 --> 00:26:57,241
Isn't it true you haven't spoken
to your son since he was 18?
386
00:26:57,867 --> 00:27:00,620
That is until February 23rd,
387
00:27:00,703 --> 00:27:03,164
when he continued to insist
on no contact.
388
00:27:03,247 --> 00:27:05,249
That sounds like his mother talking.
389
00:27:05,333 --> 00:27:07,251
Would it have anything to do
with the abuse he and his mother suffered at your hands?
390
00:27:15,093 --> 00:27:19,013
Your Honor, I'd like to mark
this Jersey City Hospital report
391
00:27:19,430 --> 00:27:23,601
from August 28th, 1995 Exhibit D-1.
392
00:27:35,321 --> 00:27:36,447
Broken arm.
393
00:27:38,449 --> 00:27:39,951
Dislocated shoulder.
394
00:27:41,077 --> 00:27:42,829
Two broken ribs,
395
00:27:42,912 --> 00:27:47,834
extensive bruising on arms,
back, neck, and face.
396
00:27:47,917 --> 00:27:50,795
How old was your son
when you did this to him?
397
00:27:52,004 --> 00:27:54,465
I don't remember exactly.
This was an accident.
398
00:27:56,050 --> 00:27:58,719
He was six, Mr. Jablonski.
399
00:27:59,470 --> 00:28:01,222
Your son was six years old.
400
00:28:15,445 --> 00:28:16,446
You okay?
401
00:28:19,532 --> 00:28:21,242
Osorio looked like shit up there.
402
00:28:22,452 --> 00:28:23,911
You talk to him lately?
403
00:28:23,995 --> 00:28:26,998
Ah, I figure we'll give him some space.
404
00:28:28,082 --> 00:28:30,168
He'll talk when he's ready. All right?
405
00:28:30,251 --> 00:28:31,544
-All right.
-Okay.
406
00:28:31,627 --> 00:28:33,880
-Ms. Harper!
407
00:28:33,963 --> 00:28:38,009
Is Officer's Jablonski's alleged crime
part of a larger culture at the JCPD?
408
00:28:38,593 --> 00:28:43,097
One can't help but wonder why
an officer of the law like Mr. Jablonski
409
00:28:43,181 --> 00:28:45,850
chose to leave a young black child
to die in a ditch.
410
00:28:45,933 --> 00:28:47,059
You fucked up.
411
00:28:48,060 --> 00:28:50,146
I don't know what the fuck
you're talking about, Fish.
412
00:28:50,229 --> 00:28:52,690
Medical examiner said she shot up.
She didn't use needles.
413
00:28:53,483 --> 00:28:54,567
Okay.
414
00:28:55,401 --> 00:28:57,612
A heroin junkie who's health conscious,
that's nice.
415
00:28:58,029 --> 00:29:00,072
-Hey!
You fucked up, motherfucker!
416
00:29:00,323 --> 00:29:01,157
Yeah, you did!
417
00:29:02,700 --> 00:29:04,535
I fucking got you, you piece of shit! Got nothing, motherfucker.
You got nothing!
418
00:29:07,497 --> 00:29:09,749
Get the fuck off me! Get the fuck off.
419
00:29:26,307 --> 00:29:27,266
Oh, hey.
420
00:29:28,518 --> 00:29:29,435
Welcome...
421
00:29:30,937 --> 00:29:32,146
to my home.
422
00:29:36,234 --> 00:29:37,985
Uh, I talked to Connelly.
423
00:29:38,069 --> 00:29:38,903
Hmm.
424
00:29:40,029 --> 00:29:42,198
He's gonna make sure
you only get yelled at.
425
00:29:42,782 --> 00:29:43,783
A little.
426
00:29:50,915 --> 00:29:51,833
I'm sorry.
427
00:29:51,916 --> 00:29:53,334
Do not apologize.
428
00:29:54,252 --> 00:29:55,378
He deserved it.
429
00:30:01,217 --> 00:30:02,218
God.
430
00:30:12,562 --> 00:30:13,855
We can still get them.
431
00:30:14,272 --> 00:30:16,232
If I can flip Jablonski, then...
432
00:30:31,956 --> 00:30:34,667
Black lives matter!
Black lives matter!
433
00:30:34,750 --> 00:30:38,838
Support our cops!
Support our cops!
434
00:30:44,886 --> 00:30:47,096
They subpoenaed me.
Said I had to be here.
435
00:30:47,179 --> 00:30:49,307
Whatever you say up there, don't hurt us.
436
00:30:49,432 --> 00:30:51,058
Are you asking me to lie?
437
00:30:52,476 --> 00:30:54,061
Better take care of your girl.
438
00:31:07,658 --> 00:31:08,576
You got it?
439
00:31:09,452 --> 00:31:10,494
Come on.
440
00:31:12,413 --> 00:31:13,915
Look at this guy, huh?
441
00:31:14,749 --> 00:31:16,375
What's going on with this hat?
442
00:31:16,459 --> 00:31:17,919
What's going on with the hat?
443
00:31:18,002 --> 00:31:20,504
Know what I mean?
What's this
444
00:31:22,715 --> 00:31:24,175
Tell me about the seagulls.
445
00:31:26,177 --> 00:31:27,470
Brenton loved them.
446
00:31:28,471 --> 00:31:30,681
I don't know how it started,
447
00:31:30,806 --> 00:31:34,060
but they were everywhere. On...
448
00:31:34,977 --> 00:31:37,188
napkins, notebooks,
449
00:31:37,730 --> 00:31:40,733
the wall in his bedroom.
450
00:31:40,816 --> 00:31:45,613
And he would make
these little papier-mâché ones too.
451
00:31:45,696 --> 00:31:48,324
He gave those to the people he loved.
452
00:31:48,407 --> 00:31:53,537
And you found one of those papier-mâché
seagulls in Brenton's hospital room
453
00:31:53,621 --> 00:31:54,956
after the accident?
454
00:31:55,498 --> 00:31:57,458
Yes, on his bed.
455
00:31:58,834 --> 00:32:00,461
Someone had put it there.
456
00:32:03,005 --> 00:32:04,298
That man.
457
00:32:07,718 --> 00:32:09,095
How do you know that?
458
00:32:09,178 --> 00:32:11,597
Because I saw him the night before
in Brenton's room.
459
00:32:12,056 --> 00:32:15,726
I went to pray with my husband
and our church.
460
00:32:15,810 --> 00:32:18,479
And when I came back, he was there,
461
00:32:19,438 --> 00:32:20,731
standing over Brenton.
462
00:32:22,358 --> 00:32:23,943
He asked me if...
463
00:32:25,820 --> 00:32:27,238
if he was gonna live.
464
00:32:30,408 --> 00:32:34,704
And then he claimed
he was in the wrong room and ran out.
465
00:32:36,622 --> 00:32:39,083
I'd like to present these photos,
466
00:32:39,166 --> 00:32:41,877
previously marked as Exhibits S-5A
467
00:32:42,420 --> 00:32:43,295
and S-5B.
468
00:32:51,762 --> 00:32:53,931
This is the seagull from Brenton's bike.
469
00:33:03,816 --> 00:33:06,610
Is that the seagull that you recovered
from Brenton's room
470
00:33:06,694 --> 00:33:08,487
after your encounter with the defendant?
471
00:33:09,530 --> 00:33:11,073
Yes, it is.
472
00:33:11,157 --> 00:33:13,576
Mrs. Butler, why do you think
473
00:33:13,659 --> 00:33:17,872
that Officer Jablonski would remove
evidence from the crime scene,
474
00:33:18,581 --> 00:33:21,083
and then leave it
in the hospital room of the victim?
475
00:33:21,167 --> 00:33:23,127
Because he felt guilty.
476
00:33:24,754 --> 00:33:26,505
He knew what he did to my son.
477
00:33:28,215 --> 00:33:29,300
He knew--
478
00:33:31,719 --> 00:33:32,887
He knew.
479
00:33:33,554 --> 00:33:34,472
Thank you.
480
00:33:35,389 --> 00:33:36,682
No further questions.
481
00:33:54,492 --> 00:33:59,914
Mrs. Butler, please let me convey
my deepest sympathy for your loss.
482
00:33:59,997 --> 00:34:02,333
I know this must be very hard for you.
483
00:34:03,542 --> 00:34:05,836
It's never hard to talk about my son.
484
00:34:05,920 --> 00:34:10,674
And I understand you must have
wanted answers after this tragedy.
485
00:34:10,758 --> 00:34:11,926
Who did this?
486
00:34:12,009 --> 00:34:15,054
Why was Brenton in that park
that morning? Objection!
Is there a question for the witness?
487
00:34:18,682 --> 00:34:19,809
I'll rephrase.
488
00:34:19,892 --> 00:34:22,186
You were searching for answers,
Mrs. Butler.
489
00:34:23,062 --> 00:34:24,980
Is that why you followed my client?
490
00:34:25,064 --> 00:34:27,191
Why you waited outside of his house?
491
00:34:28,359 --> 00:34:30,027
I knew he knew something.
492
00:34:30,111 --> 00:34:32,321
How many times did you go to his house?
493
00:34:35,491 --> 00:34:39,161
-I don't remember exactly.
494
00:34:39,745 --> 00:34:42,289
-Maybe.
495
00:34:42,873 --> 00:34:44,708
Does that include the time
you accosted him
496
00:34:44,792 --> 00:34:46,544
at the Greenplace Market in Bayonne?
497
00:34:46,627 --> 00:34:48,212
He was avoiding me.
498
00:34:50,422 --> 00:34:53,843
This is what I'm struggling to understand,
Mrs. Butler.
499
00:34:54,260 --> 00:34:58,973
My client could have brought that seagull
out of sympathy, no?
500
00:34:59,807 --> 00:35:02,476
Why did you assume
it meant he killed your son?
501
00:35:02,935 --> 00:35:03,936
I didn't at first.
502
00:35:04,019 --> 00:35:06,438
Is it possible you had answers,
503
00:35:06,981 --> 00:35:10,109
Mrs. Butler, just not the ones you wanted?
504
00:35:12,945 --> 00:35:16,824
-I don't understand the question.
-Let me give you a concrete example.
505
00:35:18,117 --> 00:35:22,705
Why did you pick up Brenton
at Port Authority on August 4th, 2016?
506
00:35:22,788 --> 00:35:24,874
-Objection!
-Overruled.
507
00:35:24,957 --> 00:35:26,876
The issue has already been decided.
508
00:35:28,419 --> 00:35:29,753
Answer the question.
509
00:35:33,883 --> 00:35:35,342
He had been arrested.
510
00:35:35,718 --> 00:35:36,635
Right.
511
00:35:37,678 --> 00:35:40,097
In the company of Kadeuce Porter,
512
00:35:40,973 --> 00:35:43,684
for criminal possession of narcotics
with the intent to distribute.
513
00:35:43,767 --> 00:35:45,436
It was two joints. I worked at St. Peter's school.
514
00:35:47,271 --> 00:35:50,816
Half those kids had ten times that amount
in their locker.
515
00:35:50,900 --> 00:35:52,276
How many of them have been arrested
516
00:35:52,359 --> 00:35:54,904
with a known member
of the largest street gang in Jersey--
517
00:35:54,987 --> 00:35:56,488
Brenton wasn't in a gang.
518
00:35:56,572 --> 00:35:59,074
-Because I'm his mother.
519
00:36:00,117 --> 00:36:04,330
Isn't it possible he might have kept
his gang affiliation from you
520
00:36:04,413 --> 00:36:06,457
precisely because you're his mother?
521
00:36:06,540 --> 00:36:07,541
No!
522
00:36:08,709 --> 00:36:10,127
I know my son.
523
00:36:11,003 --> 00:36:12,463
I would've known.
524
00:36:12,546 --> 00:36:16,550
Do you know why he was in Liberty Park
that morning?
525
00:36:25,142 --> 00:36:26,060
No.
526
00:36:37,696 --> 00:36:39,990
Are you still employed
at St. Peter's Prep?
527
00:36:41,867 --> 00:36:43,077
Not currently.
528
00:36:44,036 --> 00:36:46,580
I understand it's been hard
since Brenton's death.
529
00:36:46,914 --> 00:36:48,958
You and your husband both lost your jobs.
530
00:36:50,125 --> 00:36:52,211
You have a mortgage on a new house.
531
00:36:53,045 --> 00:36:53,879
What--
532
00:36:54,171 --> 00:36:56,590
What does this have to do with Brenton?
533
00:36:56,674 --> 00:36:58,968
Have you ever met Jay Sterling?
534
00:36:59,343 --> 00:37:00,386
Yes.
535
00:37:00,970 --> 00:37:02,846
Jay's an accomplished civil litigator.
536
00:37:03,597 --> 00:37:05,975
He has a lot of experience
with wrongful death suits
537
00:37:06,058 --> 00:37:07,518
against municipalities.
538
00:37:07,601 --> 00:37:08,978
Is that why you sought him?
539
00:37:09,061 --> 00:37:14,066
No, he-- he-- he said that he could help
get justice for Brenton.
540
00:37:15,109 --> 00:37:16,652
You mean with a civil suit.
541
00:37:17,361 --> 00:37:19,655
-No.
542
00:37:21,073 --> 00:37:22,866
You get a criminal conviction
543
00:37:22,950 --> 00:37:26,203
and the city almost guarantees you
a generous offer.
544
00:37:26,287 --> 00:37:30,124
It wasn't about the money,
it was about making him tell the truth.
545
00:37:30,207 --> 00:37:31,208
Of course.
546
00:37:32,543 --> 00:37:33,627
But the money would help.
547
00:37:38,340 --> 00:37:40,050
No further questions, Your Honor.
548
00:37:48,642 --> 00:37:49,810
I failed him.
549
00:37:52,563 --> 00:37:54,231
I failed Brenton.
550
00:37:55,107 --> 00:37:56,942
You showed them who Brenton was.
551
00:37:57,359 --> 00:38:00,904
-And the jury won't forget that.
-No. The money.
552
00:38:01,196 --> 00:38:03,365
That's all they'll remember is the money.
553
00:38:05,034 --> 00:38:07,369
It's like they killed Brenton
all over again.
554
00:38:10,331 --> 00:38:11,665
I need to testify.
555
00:38:14,209 --> 00:38:17,755
Mr. Butler, she's gonna try
and do the exact same thing to you,
556
00:38:17,838 --> 00:38:19,923
-and if you waver at all--
-I won't.
557
00:38:23,886 --> 00:38:24,803
I won't.
558
00:38:31,185 --> 00:38:32,936
Why did you move, Mr. Butler?
559
00:38:33,020 --> 00:38:35,105
Grew up all my life
in those projects.
560
00:38:35,189 --> 00:38:36,815
I promised myself one thing:
561
00:38:37,358 --> 00:38:40,736
when I had a family, I was gonna get them
out of there as soon as I could.
562
00:38:42,905 --> 00:38:44,782
So you saved up for this house?
563
00:38:45,699 --> 00:38:48,118
Took me near on ten years. But yes, I did.
564
00:38:50,996 --> 00:38:54,583
And I don't need any settlement
from the city to pay my mortgage.
565
00:38:54,666 --> 00:38:56,543
I pay my own bills, always have.
566
00:39:00,506 --> 00:39:04,468
And was part of the reason you moved
to get Brenton out of the projects?
567
00:39:04,551 --> 00:39:05,511
Yes.
568
00:39:07,179 --> 00:39:08,931
When a boy reaches a certain age,
569
00:39:10,349 --> 00:39:13,227
the world has a way of asserting itself.
570
00:39:14,019 --> 00:39:15,604
I don't want that for Brenton.
571
00:39:16,355 --> 00:39:18,565
He wasn't built for that.
He was different.
572
00:39:18,649 --> 00:39:22,069
Mr. Butler, did you see any evidence
573
00:39:22,152 --> 00:39:26,115
that Brenton was involved in gang activity
of any kind?
574
00:39:26,657 --> 00:39:29,368
No. He was not in a gang.
575
00:39:29,785 --> 00:39:32,413
And that bike he was on,
the one the Kings ride?
576
00:39:33,622 --> 00:39:34,706
It wasn't his.
577
00:39:37,835 --> 00:39:41,171
You mean the bike Brenton was riding
when he was hit?
578
00:39:42,089 --> 00:39:43,048
Yeah.
579
00:39:43,132 --> 00:39:44,550
A friend loaned it to him.
580
00:39:48,011 --> 00:39:51,515
And what makes you so certain
that your son wasn't in the Five Kings?
581
00:39:51,598 --> 00:39:54,435
When you're a King, you gotta front,
582
00:39:55,686 --> 00:39:56,770
act hard,
583
00:39:57,813 --> 00:39:59,940
be ready to throw down at any time.
584
00:40:02,484 --> 00:40:03,735
My son wasn't hard.
585
00:40:06,113 --> 00:40:07,573
He was kind and good.
586
00:40:08,323 --> 00:40:09,491
Sweet.
587
00:40:11,326 --> 00:40:13,579
Still wore the clothes
his mama bought for him.
588
00:40:21,295 --> 00:40:22,963
No further questions, Your Honor.
589
00:40:28,719 --> 00:40:31,180
Whose bike was it, Mr. Butler?
590
00:40:31,263 --> 00:40:33,515
It was his friend, Kadeuce Porter.
591
00:40:33,599 --> 00:40:36,977
The same Kadeuce Porter
that Brenton was arrested with?
592
00:40:37,853 --> 00:40:38,812
Yes.
593
00:40:39,938 --> 00:40:41,982
Isn't it possible, or even likely,
594
00:40:42,065 --> 00:40:44,026
that Kadeuce loaned Brenton that bike,
595
00:40:44,109 --> 00:40:46,570
that expensive, high-status bike,
596
00:40:46,653 --> 00:40:49,656
because Brenton was, in fact,
a member of the Five Kings?
597
00:40:49,740 --> 00:40:52,284
No, I asked Kadeuce.
He said the bike was his.
598
00:40:53,243 --> 00:40:54,870
You believe a known gang member?
599
00:40:54,953 --> 00:40:57,789
I believe a boy I've known
since he was a child.
600
00:40:57,873 --> 00:41:00,834
Do you have any family members
who were involved with the Kings?
601
00:41:06,089 --> 00:41:07,925
Your youngest brother, Seth.
602
00:41:09,009 --> 00:41:10,344
He was a known member. Isn't that true?
603
00:41:12,304 --> 00:41:13,514
Seth got out,
604
00:41:14,473 --> 00:41:16,892
enlisted in the Air Force,
served his country.
605
00:41:16,975 --> 00:41:19,186
He never would've involved Brenton
in any of that.
606
00:41:19,269 --> 00:41:22,147
Still, with so many
gang members in his life,
607
00:41:22,231 --> 00:41:26,193
you must've been afraid
that he'd get caught up in that world.
608
00:41:27,402 --> 00:41:30,447
Can you tell me about an incident
involving Social Services
609
00:41:30,531 --> 00:41:32,616
from September 2016?
610
00:41:38,372 --> 00:41:44,586
Apparently, Brenton went to class
with a mark across his calves.
611
00:41:45,420 --> 00:41:46,630
I, um...
612
00:41:46,713 --> 00:41:48,465
I had disciplined him with a belt.
613
00:41:50,634 --> 00:41:52,261
He hadn't come home that night.
614
00:41:53,720 --> 00:41:56,473
And I used the belt just that one time,
never again.
615
00:41:59,351 --> 00:42:01,478
My son was an upstanding young man.
616
00:42:03,480 --> 00:42:06,567
And yet, the teacher called
Social Services.
617
00:42:07,150 --> 00:42:10,487
-She was that alarmed by the bruising.
-Objection, hearsay.
618
00:42:10,571 --> 00:42:13,407
Your Honor, I'd like to submit
these records
619
00:42:13,490 --> 00:42:15,325
from Child Protective Services
620
00:42:15,409 --> 00:42:19,162
dated September 5th, 2016,
621
00:42:19,246 --> 00:42:21,164
Exhibit D-2.
622
00:42:31,091 --> 00:42:34,428
Mr. Butler, you were scared,
623
00:42:35,304 --> 00:42:38,181
because you didn't know
where Brenton had been that night.
624
00:42:39,057 --> 00:42:40,225
Is that correct?
625
00:42:41,977 --> 00:42:42,811
Yes.
626
00:42:43,854 --> 00:42:48,775
And you don't know if Kadeuce
had recruited him into the Kings.
627
00:42:48,859 --> 00:42:50,235
He didn't belong--
628
00:42:50,319 --> 00:42:54,114
And you don't know
why he was in Liberty Park that morning.
629
00:42:54,197 --> 00:42:55,449
I do know why.
630
00:42:57,951 --> 00:43:00,287
He was cutting through the park
to go to school.
631
00:43:00,370 --> 00:43:01,663
"Cutting through"?
632
00:43:01,747 --> 00:43:05,208
That park is halfway across the city
from his home, his school.
633
00:43:05,292 --> 00:43:08,545
Why would he bike there to get to school?
634
00:43:10,714 --> 00:43:12,049
No further questions.
635
00:43:12,674 --> 00:43:14,509
He was with another boy.
636
00:43:14,593 --> 00:43:15,844
Speak up, Mr. Butler.
637
00:43:22,893 --> 00:43:24,811
He was with another boy.
638
00:43:30,776 --> 00:43:32,361
He spent that night with him.
639
00:43:36,448 --> 00:43:39,284
And then Brenton went on to school
that morning after.
640
00:43:43,580 --> 00:43:44,706
And that boy...
641
00:43:47,709 --> 00:43:49,169
he was my son's...
642
00:43:52,839 --> 00:43:53,882
friend.
643
00:44:01,014 --> 00:44:04,142
I'd like to move that last statement
be stricken from the record.
644
00:44:04,226 --> 00:44:06,520
Your Honor, on what grounds?
Hearsay.
645
00:44:06,603 --> 00:44:09,106
The witness will say anything
to protect his son.
646
00:44:09,189 --> 00:44:10,774
She can't just assume that he's lying!
647
00:44:10,857 --> 00:44:12,192
Sustained.
648
00:44:12,275 --> 00:44:14,444
Counselor, tone.
649
00:44:18,907 --> 00:44:21,827
That portion of the testimony
will be stricken from the record and--
650
00:44:21,910 --> 00:44:23,078
Your Honor.
651
00:44:24,371 --> 00:44:25,622
I know who the boyfriend is.
652
00:44:25,706 --> 00:44:28,417
I'd like to add him as a witness,
653
00:44:28,500 --> 00:44:31,294
and I request that he be allowed
to testify in camera
654
00:44:31,378 --> 00:44:33,088
to protect his identity.
655
00:44:44,224 --> 00:44:45,267
Thank you, Officers.
656
00:44:46,977 --> 00:44:49,438
Young man, please have a seat over here.
657
00:44:57,737 --> 00:45:00,073
I want a lawyer. I know my rights.
658
00:45:00,157 --> 00:45:02,409
You don't need a lawyer.
You're being called as a witness.
659
00:45:02,492 --> 00:45:03,452
About what?
660
00:45:04,035 --> 00:45:06,830
And this court can compel you to testify.
661
00:45:07,622 --> 00:45:11,334
Testimony was given today about
your relationship with Brenton Butler.
662
00:45:11,418 --> 00:45:13,003
Look, Brenton wasn't no King.
663
00:45:13,086 --> 00:45:14,463
No.
664
00:45:14,963 --> 00:45:16,465
That's not what we're asking.
665
00:45:17,215 --> 00:45:19,342
-Counselor, your witness.
666
00:45:21,178 --> 00:45:22,095
Uh...
667
00:45:22,721 --> 00:45:25,474
-Kadeuce, I know this is hard.
668
00:45:26,391 --> 00:45:28,518
You know how it look,
cops pulling up on the corner,
669
00:45:28,602 --> 00:45:29,895
bringing me in here?
670
00:45:30,479 --> 00:45:32,022
Your testimony will be sealed.
671
00:45:33,732 --> 00:45:38,695
What we need to know is the nature
of your relationship with Brenton.
672
00:45:38,778 --> 00:45:39,988
My relationship?
673
00:45:44,075 --> 00:45:49,831
What was the exact nature
of your relationship with Brenton Butler?
674
00:45:51,249 --> 00:45:52,918
I don't know what you talking about.
675
00:45:53,001 --> 00:45:56,004
I know this is difficult,
but please, if you can tell us--
676
00:45:56,087 --> 00:45:59,716
-Objection. He's already given his answer.
677
00:45:59,799 --> 00:46:02,385
You will watch your language
in my presence, young man.
678
00:46:02,469 --> 00:46:04,888
Your Honor, this is a delicate matter.
679
00:46:05,514 --> 00:46:07,641
Some leeway, please.
680
00:46:08,475 --> 00:46:09,559
Overruled.
681
00:46:10,560 --> 00:46:11,728
For the moment.
682
00:46:11,811 --> 00:46:13,313
Mr. Butler claims...
683
00:46:13,980 --> 00:46:17,150
you told him that you know
where Brenton was
684
00:46:17,234 --> 00:46:18,735
the night before the accident.
685
00:46:20,487 --> 00:46:21,571
Can you tell us?
686
00:46:22,072 --> 00:46:25,200
And also, who he was with, if anyone?
687
00:46:45,971 --> 00:46:46,888
Brenton...
688
00:46:51,059 --> 00:46:52,060
he and me...
689
00:46:57,899 --> 00:46:59,276
were together that night.
690
00:47:07,742 --> 00:47:11,705
I ain't never had no home
where I felt like I belonged.
691
00:47:14,958 --> 00:47:16,793
Like I wasn't a burden on folks.
692
00:47:21,506 --> 00:47:23,174
I was a burden on everybody.
693
00:47:27,721 --> 00:47:28,972
But not to Brenton.
694
00:47:35,520 --> 00:47:36,646
Not to him.
695
00:47:49,284 --> 00:47:52,078
Mr. Butler's testimony
will remain in the record
696
00:47:52,162 --> 00:47:53,580
and the court will provide the jury
697
00:47:53,663 --> 00:47:57,208
with transcripts of supporting testimony
given in camera,
698
00:47:57,292 --> 00:47:59,419
which will otherwise remain sealed.
699
00:48:00,295 --> 00:48:02,172
We've accomplished enough for one day.
700
00:48:02,756 --> 00:48:04,424
Court is adjourned until 10:00 a.m.
701
00:48:06,468 --> 00:48:07,302
This way.
702
00:48:25,111 --> 00:48:27,947
You had a good day today. Congratulations.
703
00:48:29,115 --> 00:48:31,618
You should celebrate, have a drink.
704
00:48:50,512 --> 00:48:51,429
Thank you.
705
00:48:54,599 --> 00:48:56,726
-I did it for Brenton.
-I know.
706
00:48:57,811 --> 00:49:01,231
But if you ever need a place to lie low,
come see me, you understand?
707
00:49:02,899 --> 00:49:04,943
I got a lot more room these days.
708
00:49:05,777 --> 00:49:07,904
I been surviving this place my whole life.
709
00:49:08,989 --> 00:49:10,824
I ain't need nothing from you then,
710
00:49:11,074 --> 00:49:12,701
and I don't need it now.
711
00:49:27,799 --> 00:49:28,842
What you looking at?
712
00:49:30,260 --> 00:49:31,553
Go back to work.
713
00:49:38,101 --> 00:49:41,771
I do so solemnly swear
that I will support and defend...
714
00:49:41,855 --> 00:49:45,066
I do solemnly swear
that I will support and defend...
715
00:49:45,150 --> 00:49:47,193
The Constitution
of the United States... The Constitution
of the United States...
716
00:49:49,404 --> 00:49:52,365
Against all enemies, foreign and domestic.
717
00:49:52,449 --> 00:49:55,326
Against all enemies,
foreign and domestic.
718
00:49:55,410 --> 00:49:57,954
Congratulations.
You made a great decision.
719
00:50:18,099 --> 00:50:21,060
Marcelle told me
that you wouldn't even let her come,
720
00:50:21,144 --> 00:50:26,316
and I said there's no way I was gonna
let you ship off without saying bye.
721
00:50:26,399 --> 00:50:28,860
No, I already put y'all through it once,
so...
722
00:50:29,694 --> 00:50:31,237
Figured you didn't need a repeat of that.
723
00:50:31,946 --> 00:50:33,823
Are you sure about this?
724
00:50:35,992 --> 00:50:37,577
I ain't got nowhere else to go.
725
00:50:40,997 --> 00:50:42,332
Come home.
726
00:50:43,333 --> 00:50:47,170
Least over there,
I know who the enemy's supposed to be.
727
00:50:47,253 --> 00:50:49,923
That gun that I got from Vontrell
to kill Jablonski?
728
00:50:50,006 --> 00:50:51,966
It was greenlit by another cop.
729
00:50:52,467 --> 00:50:53,718
His higher-up.
730
00:50:54,260 --> 00:50:55,136
Di...
731
00:50:55,762 --> 00:50:56,721
DiAngelo.
732
00:50:59,098 --> 00:51:02,894
These motherfuckers are making bank
off our people's blood.
733
00:51:04,771 --> 00:51:06,564
I should have never put that on you.
734
00:51:10,360 --> 00:51:12,237
-I gotta go.
-Please, Seth. -I...
-Stay.
735
00:51:14,280 --> 00:51:16,032
-Tricey.
-Stay for me.
736
00:51:16,783 --> 00:51:18,910
Stay for your brother. Please.
737
00:51:20,620 --> 00:51:21,704
I gotta go.
738
00:51:32,841 --> 00:51:34,008
Bye, Trice.
739
00:51:34,926 --> 00:51:36,135
Bye, Tricey.
740
00:51:44,352 --> 00:51:45,228
Petey.
741
00:51:45,895 --> 00:51:47,230
-Petey.
Mmm.
742
00:51:48,690 --> 00:51:50,149
There's someone out back.
743
00:52:14,173 --> 00:52:15,008
Fuck.
744
00:52:23,016 --> 00:52:24,017
Can't sleep.
745
00:52:27,729 --> 00:52:28,897
You too, huh?
746
00:52:30,398 --> 00:52:31,858
No, what are you doing here?
747
00:52:36,321 --> 00:52:39,032
Worst part about this shit
is you can't talk to nobody.
748
00:52:41,075 --> 00:52:42,201
Who'd understand?
749
00:52:44,662 --> 00:52:48,082
Please, Petey, tell me.
You gotta tell me the truth.
750
00:52:48,166 --> 00:52:51,419
Did you see that kid
before you killed him
751
00:52:53,963 --> 00:52:55,048
You ever hear him...
752
00:52:57,842 --> 00:52:58,676
in your head?
753
00:53:06,726 --> 00:53:07,894
It was an accident.
754
00:53:10,313 --> 00:53:11,648
And whatever you did...
755
00:53:12,315 --> 00:53:13,399
was not the same.
756
00:53:14,484 --> 00:53:16,027
No, not even close.
757
00:53:38,883 --> 00:53:40,051
How do you sleep?
758
00:53:43,930 --> 00:53:44,889
I can't.
759
00:53:46,933 --> 00:53:48,017
I can't sleep.
760
00:54:21,759 --> 00:54:23,428
What are you doing in my house?
761
00:54:25,221 --> 00:54:26,222
Get out.
762
00:54:27,140 --> 00:54:28,391
I ain't gonna hurt you.
763
00:54:28,933 --> 00:54:32,979
This shit's gonna end, T.
Where you gonna be at
764
00:54:33,730 --> 00:54:34,772
Think about it.
765
00:54:35,273 --> 00:54:38,401
Your cousin, me, all gone.
766
00:54:38,484 --> 00:54:41,738
If you get on that stand
and testify against family--
767
00:54:41,821 --> 00:54:43,197
He's not my family.
768
00:54:44,824 --> 00:54:45,783
Okay.
769
00:54:47,869 --> 00:54:49,203
What about your kid?
770
00:55:02,175 --> 00:55:03,634
Is the baby mine?
771
00:55:15,730 --> 00:55:17,982
You Catholics and your rhythm method,
huh?
772
00:55:18,066 --> 00:55:19,484
Stay away from me.
773
00:55:19,567 --> 00:55:22,278
Come on, T, I ain't gonna hurt
the mother of my child.
774
00:55:26,783 --> 00:55:27,700
Come on.
775
00:55:34,874 --> 00:55:36,834
How could he leave him out there to die?
776
00:55:38,795 --> 00:55:39,796
He didn't.
777
00:55:42,298 --> 00:55:43,758
He thought the kid was dead.
778
00:55:47,053 --> 00:55:48,554
Petey's a good guy, okay?
779
00:55:48,638 --> 00:55:51,808
You and me, we got our differences
with him, but he's family.
780
00:55:52,558 --> 00:55:54,602
And you gotta accept family.
781
00:55:56,729 --> 00:56:00,108
Severe hypothermia,
cardiac arrhythmia, massive blood loss.
782
00:56:00,191 --> 00:56:02,401
And a concave fracture to his skull.
783
00:56:02,485 --> 00:56:05,571
I immediately moved Mr. Butler
to an operating room
784
00:56:05,655 --> 00:56:08,366
to more safely assess the injuries
to his head.
785
00:56:08,908 --> 00:56:11,077
How severe were Brenton's injuries?
786
00:56:11,160 --> 00:56:12,245
Severe.
787
00:56:12,912 --> 00:56:15,164
I had to cut away his jacket and hood.
788
00:56:16,374 --> 00:56:19,669
The hood itself was tightly cinched,
and therefore...
789
00:56:20,545 --> 00:56:22,296
keeping parts of his skull intact,
790
00:56:22,380 --> 00:56:25,508
I had to be careful
not to displace the fragments.
791
00:56:25,591 --> 00:56:26,509
Why is that?
792
00:56:27,677 --> 00:56:30,972
If I had just removed the hood,
skull shards would've dug into the brain
793
00:56:31,055 --> 00:56:32,473
and caused further damage.
794
00:56:32,557 --> 00:56:36,477
Despite all this,
you testified before the grand jury
795
00:56:36,561 --> 00:56:39,772
that Brenton could've lived
had he been found earlier.
796
00:56:39,856 --> 00:56:44,277
Yes, but ultimately the damage
due to blood loss was too great.
797
00:56:44,944 --> 00:56:46,362
It caused organ failure,
798
00:56:46,445 --> 00:56:49,907
necrotizing tissue,
and further brain damage.
799
00:56:50,366 --> 00:56:52,118
His body just gave out.
800
00:56:57,415 --> 00:56:58,916
No more questions, Your Honor.
801
00:57:03,337 --> 00:57:05,339
Does the defense wish to cross?
802
00:57:05,965 --> 00:57:07,216
No, Your Honor.
803
00:57:10,094 --> 00:57:13,973
Brenton's injuries were consistent
with impact from an SUV
804
00:57:14,056 --> 00:57:16,893
weighing approximately 4,100 pounds,
805
00:57:16,976 --> 00:57:19,353
traveling at no less
than 60 miles per hour.
806
00:57:19,437 --> 00:57:24,442
Does the 2014 Ford Escape
registered to Marie Jablonski,
807
00:57:24,525 --> 00:57:26,819
Officer Peter Jablonski's wife,
808
00:57:26,903 --> 00:57:28,654
match the vehicle that hit Brenton?
809
00:57:28,738 --> 00:57:29,572
Yes.
810
00:57:30,239 --> 00:57:32,450
And is the match, and make, and model
811
00:57:32,533 --> 00:57:36,037
the only thing that links
the Jablonski's car to the accident?
812
00:57:36,120 --> 00:57:38,664
No, we recovered paint chips
from the victim's hair. We conducted a type match analysis
813
00:57:41,375 --> 00:57:45,796
and confirmed it was OF4D92, Yale Blue.
814
00:57:45,880 --> 00:57:48,716
What color was the defendant's car,
according to purchase records?
815
00:57:48,799 --> 00:57:51,761
OF4D92, Yale Blue.
816
00:57:51,844 --> 00:57:54,680
Your Honor, objection.
This is all speculation.
817
00:57:54,764 --> 00:57:58,059
I'll allow Ms. Harper
to continue her line of questioning.
818
00:57:58,142 --> 00:58:02,271
Now, an SUV driver sits high
above the undercarriage.
819
00:58:02,772 --> 00:58:06,025
Is it possible
Officer Jablonski hit Brenton
820
00:58:06,108 --> 00:58:07,902
without realizing
that he was a human being?
821
00:58:07,985 --> 00:58:11,781
Brenton was moving perpendicular
to the defendant's direction of motion.
822
00:58:11,864 --> 00:58:15,952
And on a bike, the driver should have had
a clear profile of the victim.
823
00:58:17,537 --> 00:58:18,829
If I were Brenton,
824
00:58:19,872 --> 00:58:24,043
the driver would've seen me
cross his field of vision, like this,
825
00:58:24,126 --> 00:58:26,045
as he hit me with his car.
826
00:58:26,128 --> 00:58:28,172
-It is.
827
00:58:29,215 --> 00:58:33,427
So Officer Jablonski
had every reason to stop after impact
828
00:58:33,511 --> 00:58:37,473
and no reason to doubt
that he hit a young black boy.
829
00:58:37,557 --> 00:58:38,641
None whatsoever.
830
00:58:39,350 --> 00:58:42,103
-No further questions, Your Honor.
831
00:58:49,944 --> 00:58:54,740
Is it unusual such a small amount of paint
was recovered from Brenton's body
832
00:58:54,824 --> 00:58:56,993
-Not really.
833
00:58:57,076 --> 00:59:00,454
Since Brenton was washed in the ER,
we were lucky to recover anything.
834
00:59:00,538 --> 00:59:02,957
As for the bike, you might expect
to see more paint,
835
00:59:03,040 --> 00:59:05,126
but that depends
on where the car made impact.
836
00:59:05,209 --> 00:59:10,006
Hmm. But absent finding the car
that hit Brenton,
837
00:59:10,089 --> 00:59:13,050
you can't definitively link any vehicle
to Brenton's death?
838
00:59:13,134 --> 00:59:16,971
No, not definitively.
However, the paint is a match
839
00:59:17,054 --> 00:59:19,724
for the factory job
on the defendant's car.
840
00:59:19,807 --> 00:59:22,101
That's as good a match as you'll get.
841
00:59:22,184 --> 00:59:23,019
Mmm.
842
00:59:24,228 --> 00:59:28,190
Your Honor, I'm trying to understand
this moment of impact.
843
00:59:28,274 --> 00:59:32,862
I'd like to use Exhibit S-8
for demonstrative purposes.
844
00:59:32,945 --> 00:59:33,821
I'll allow it.
845
00:59:33,904 --> 00:59:36,449
You said that Brenton
crossed perpendicular
846
00:59:36,532 --> 00:59:38,159
to the driver's line of sight.
847
00:59:38,826 --> 00:59:41,120
Are you confident in that assessment?
848
00:59:41,203 --> 00:59:42,330
Yes, I am.
849
00:59:44,206 --> 00:59:45,374
So...
850
00:59:46,292 --> 00:59:50,046
imagining that you're the driver,
851
00:59:50,880 --> 00:59:53,841
this is approximately what you would see
through the windshield?
852
00:59:53,924 --> 00:59:55,176
That's correct.
853
01:00:06,562 --> 01:00:09,231
If you recall, the surgeon testified
854
01:00:09,315 --> 01:00:13,486
that Brenton's hood was cinched
tightly around his face.
855
01:00:13,986 --> 01:00:15,404
She had to cut it off.
856
01:00:17,782 --> 01:00:20,034
Can you tell the race of the rider now?
857
01:00:20,117 --> 01:00:22,119
I can't see his face.
858
01:00:27,667 --> 01:00:31,629
I'd like the members of the jury
to imagine that they are the driver.
859
01:00:35,925 --> 01:00:37,760
Can you see this person's face?
860
01:00:38,594 --> 01:00:43,265
And remember, your line of vision
is not obstructed by a windshield,
861
01:00:43,349 --> 01:00:44,934
or the falling snow,
862
01:00:45,017 --> 01:00:47,019
and you're not going 60 miles an hour.
863
01:01:01,617 --> 01:01:04,912
How can an accident be a hate crime...
864
01:01:05,871 --> 01:01:08,499
if you can't tell the race of the victim?
865
01:01:09,375 --> 01:01:12,503
My client did not hit this young man,
866
01:01:12,586 --> 01:01:16,799
but regardless, whoever did
did not commit a hate crime.
867
01:01:21,178 --> 01:01:23,139
No further questions, Your Honor.
868
01:01:29,812 --> 01:01:31,105
Ms. Harper. Redirect?
869
01:01:36,193 --> 01:01:37,737
Given this witness's testimony,
870
01:01:37,820 --> 01:01:41,157
I move to vacate the hate crime charges
against my client.
871
01:01:46,036 --> 01:01:47,413
Order in the court!