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!