1 00:00:01,084 --> 00:00:03,629 Aaron: His name was Andy Josiah. 2 00:00:03,629 --> 00:00:05,088 Husband to Elaine, father to Marcel and Lailah. 3 00:00:05,088 --> 00:00:06,798 Aaron: He shot him in the back. 4 00:00:06,798 --> 00:00:08,133 In front of his son. 5 00:00:08,133 --> 00:00:10,052 And fought like hell. 6 00:00:10,052 --> 00:00:11,887 That's what we need to do. 7 00:00:11,887 --> 00:00:14,640 Okay. How? 8 00:00:14,640 --> 00:00:16,767 Appoint a special prosecutor. 9 00:00:16,767 --> 00:00:17,976 Aaron Wallace. 10 00:00:17,976 --> 00:00:20,562 I need people I can trust. 11 00:00:20,562 --> 00:00:22,481 And that's you and Henry. 12 00:00:22,481 --> 00:00:23,857 People are saying they have no faith 13 00:00:23,857 --> 00:00:26,610 in your ability to deliver justice for Mr. Josiah. 14 00:00:26,610 --> 00:00:29,446 Scotty: You need more of a presence here. 15 00:00:29,446 --> 00:00:30,781 Let me make some calls. 16 00:00:30,781 --> 00:00:33,784 I gotta win this, Marie. 17 00:00:33,784 --> 00:00:35,160 No matter what. 18 00:00:41,124 --> 00:00:43,627 Here's what I can tell you about Aaron Wallace. 19 00:00:43,627 --> 00:00:45,379 If it weren't for him, I'd be sitting in 20 00:00:45,379 --> 00:00:47,005 a jail cell at Bellmore. 21 00:00:47,005 --> 00:00:49,007 We were rotting in there, ready to catch the Covid, 22 00:00:49,007 --> 00:00:50,676 until he showed up. 23 00:00:50,676 --> 00:00:52,094 He never forgot. 24 00:00:52,094 --> 00:00:54,012 And he never gave up on us. 25 00:00:54,012 --> 00:00:56,056 And that's why we're free. 26 00:00:56,056 --> 00:00:58,725 354 of us, he got out. 27 00:00:58,725 --> 00:01:01,103 So I don't want to hear anybody saying 28 00:01:01,103 --> 00:01:03,230 they don't know what his agenda is. 29 00:01:03,230 --> 00:01:05,899 His agenda is to help people. 30 00:01:05,899 --> 00:01:07,734 That's who Aaron Wallace is. 31 00:01:11,530 --> 00:01:13,949 [ Chuckles ] 32 00:01:13,949 --> 00:01:16,368 Been too long, my friend. 33 00:01:16,368 --> 00:01:19,329 Yeah. I know, I'm sorry, I've been ‐‐ 34 00:01:19,329 --> 00:01:20,789 Ah‐da‐da‐da‐da‐da. 35 00:01:20,789 --> 00:01:22,457 I'm not trying to lay no guilt on you. 36 00:01:22,457 --> 00:01:25,252 Just good to see you, man, that's all. 37 00:01:25,252 --> 00:01:26,962 I saw the video Hassan and the guys made. 38 00:01:26,962 --> 00:01:30,132 He said you organized it. 39 00:01:30,132 --> 00:01:31,675 I saw them beating you up out there, 40 00:01:31,675 --> 00:01:33,760 and I figured it was time for the brothers to step up, 41 00:01:33,760 --> 00:01:34,511 say what's what. 42 00:01:34,511 --> 00:01:36,430 [ Chuckles ] 43 00:01:36,430 --> 00:01:39,558 It was nice seeing everybody like that, man ‐‐ 44 00:01:39,558 --> 00:01:41,977 you know, doing so well on the outside. 45 00:01:41,977 --> 00:01:43,228 How about you, man? How you doing? 46 00:01:43,228 --> 00:01:45,272 You know? You still got security? 47 00:01:45,272 --> 00:01:48,442 No. Only around the house. For Marie. 48 00:01:48,442 --> 00:01:50,193 I'm not having anybody in uniform 49 00:01:50,193 --> 00:01:51,653 following me around all day. 50 00:01:51,653 --> 00:01:54,156 Yeah. 51 00:01:54,156 --> 00:01:56,825 Listen, you know, if you need my kinda help, 52 00:01:56,825 --> 00:01:57,826 just say the word. 53 00:01:57,826 --> 00:02:00,787 No. No. I'm good. 54 00:02:00,787 --> 00:02:02,748 Trial starts tomorrow. 55 00:02:02,748 --> 00:02:05,667 It'll be over soon. 56 00:02:05,667 --> 00:02:08,670 Aa‐ron. Takin' it to the Man. 57 00:02:08,670 --> 00:02:10,881 [ Chuckles ] 58 00:02:12,799 --> 00:02:15,052 Aaron: I saw Marcel yesterday. 59 00:02:15,052 --> 00:02:17,721 He's starting to whoop me at chess. 60 00:02:19,389 --> 00:02:23,352 And Lailah, man... she keeps growing. 61 00:02:24,603 --> 00:02:27,064 I keep watching the home videos of you. 62 00:02:27,064 --> 00:02:29,900 Think about you all the time, man. 63 00:02:29,900 --> 00:02:33,070 I can't promise you anything, Andy. 64 00:02:33,070 --> 00:02:36,865 Not in this world. 65 00:02:36,865 --> 00:02:40,118 Except I'm gonna give you everything I got. 66 00:02:41,536 --> 00:02:44,164 [ Inhales deeply ] 67 00:02:44,164 --> 00:02:47,250 I know that what happened to Andy Josiah was wrong. 68 00:02:47,250 --> 00:02:50,504 And Special Prosecutor Aaron Wallace and his team 69 00:02:50,504 --> 00:02:52,756 have determined what charges should be brought 70 00:02:52,756 --> 00:02:54,091 and against whom. 71 00:02:54,091 --> 00:02:56,677 Full transparency and a fair trial 72 00:02:56,677 --> 00:02:58,345 is what I promised. 73 00:02:58,345 --> 00:03:00,889 I understand that tensions are very high right now, 74 00:03:00,889 --> 00:03:03,600 but as the trial of Officer Lindsley begins, 75 00:03:03,600 --> 00:03:07,145 I ask for calm no matter what happens in the coming days. 76 00:03:07,145 --> 00:03:08,605 Roberts: All rise! 77 00:03:08,605 --> 00:03:11,024 The People vs. Edgar Lindsley on the charges of 78 00:03:11,024 --> 00:03:13,068 Manslaughter in the First Degree 79 00:03:13,068 --> 00:03:14,695 and Criminally Negligent Homicide. 80 00:03:14,695 --> 00:03:16,738 Judge Howell: Because of the pandemic, 81 00:03:16,738 --> 00:03:19,199 we have determined that the jury will be sequestered 82 00:03:19,199 --> 00:03:21,576 and observe the proceedings on video feeds. 83 00:03:21,576 --> 00:03:22,869 Everyone in attendance 84 00:03:22,869 --> 00:03:24,705 has tested negative for the virus 85 00:03:24,705 --> 00:03:27,416 and will self‐quarantine during the length of the trial. 86 00:03:27,416 --> 00:03:30,127 Given the significant public interest in this case, 87 00:03:30,127 --> 00:03:33,171 we will live‐stream the proceedings 88 00:03:33,171 --> 00:03:36,133 on the Office of Court Administration website. 89 00:03:36,133 --> 00:03:39,094 Mr. Wallace, opening statement? 90 00:03:43,348 --> 00:03:44,933 Aaron: It's a Tuesday night, 91 00:03:44,933 --> 00:03:48,770 and a man has a very important errand. 92 00:03:48,770 --> 00:03:53,275 His wife has a craving for mint chocolate chip ice cream. 93 00:03:53,275 --> 00:03:58,029 The man loves his wife, and he wants her to be happy, 94 00:03:58,029 --> 00:03:59,990 especially since they have a new baby 95 00:03:59,990 --> 00:04:01,825 and the cravings from her pregnancy, 96 00:04:01,825 --> 00:04:04,536 they ‐‐ they just haven't gone away yet. 97 00:04:04,536 --> 00:04:07,914 As the man grabs his car keys, 98 00:04:07,914 --> 00:04:12,294 his 7‐year‐old son begs to come with him. 99 00:04:12,294 --> 00:04:14,504 Now, this father is good. 100 00:04:14,504 --> 00:04:21,219 He's loving, kind, and knows what his son needs. 101 00:04:22,679 --> 00:04:25,474 The drive will give him a chance to convey some life lessons. 102 00:04:25,474 --> 00:04:28,435 That the world doesn't revolve around the boy 103 00:04:28,435 --> 00:04:32,147 and that he's gonna have to learn how to share. 104 00:04:32,147 --> 00:04:35,942 So they head off on their adventure. 105 00:04:35,942 --> 00:04:37,819 The corner store. 106 00:04:37,819 --> 00:04:39,696 They have their talk, 107 00:04:39,696 --> 00:04:44,493 they get their ice cream, and they're on their way home. 108 00:04:44,493 --> 00:04:47,913 But the boy forgot Tank ‐‐ his favorite toy ‐‐ 109 00:04:47,913 --> 00:04:51,124 back at the store. 110 00:04:51,124 --> 00:04:54,461 Now, the father doesn't scold his son. 111 00:04:54,461 --> 00:04:56,421 It's not his style. 112 00:04:56,421 --> 00:05:02,177 He says "no sweat," turns the car around. 113 00:05:02,177 --> 00:05:05,514 Two minutes later, the man was pulled over. 114 00:05:05,514 --> 00:05:10,769 Six minutes later, he's shot in the back. 115 00:05:10,769 --> 00:05:12,854 Unarmed. 116 00:05:12,854 --> 00:05:15,899 No criminal record. 117 00:05:15,899 --> 00:05:20,779 That man's name was Andy Josiah, 118 00:05:20,779 --> 00:05:22,656 and this is who he was. 119 00:05:23,990 --> 00:05:25,242 Now, this is gonna be a dunk. 120 00:05:25,242 --> 00:05:26,243 I want you to hang on the net 121 00:05:26,243 --> 00:05:27,452 for a little while, alright? 122 00:05:27,452 --> 00:05:28,703 You got that, babe? Ready? Let's dunk. 123 00:05:28,703 --> 00:05:30,455 Ahh! 124 00:05:30,455 --> 00:05:31,998 Ha! 125 00:05:31,998 --> 00:05:33,625 Yay! 126 00:05:33,625 --> 00:05:35,418 We got it. We got it? 127 00:05:35,418 --> 00:05:37,379 You see him? That's my son. 128 00:05:37,379 --> 00:05:39,548 My son, my son. Mwah! 129 00:05:39,548 --> 00:05:40,799 Elaine: You want to put ‐‐ put more sauce on? 130 00:05:40,799 --> 00:05:41,842 More sauce, more sauce. 131 00:05:41,842 --> 00:05:43,885 [ Laughter ] 132 00:05:43,885 --> 00:05:45,136 Just a little bit. Alright. 133 00:05:45,136 --> 00:05:46,972 You're doing the right thing. 134 00:05:46,972 --> 00:05:48,890 And no matter how they look at you, 135 00:05:48,890 --> 00:05:52,143 you get up on that stand, and you speak your truth. 136 00:05:52,143 --> 00:05:54,729 And remember, you got the surveillance video 137 00:05:54,729 --> 00:05:57,607 corroborating everything you say. 138 00:05:58,733 --> 00:06:01,403 Officer Matranga, I have here the police report 139 00:06:01,403 --> 00:06:04,865 from that evening that you wrote and signed. 140 00:06:04,865 --> 00:06:06,283 Can you tell me what it says 141 00:06:06,283 --> 00:06:08,451 about why you stopped Andy Josiah? 142 00:06:08,451 --> 00:06:10,495 It says we pulled him over because he was 143 00:06:10,495 --> 00:06:12,247 talking on his cellphone. 144 00:06:12,247 --> 00:06:15,083 But you said earlier it was because of an illegal U‐turn. 145 00:06:15,083 --> 00:06:17,043 Why did your account change? 146 00:06:17,043 --> 00:06:19,838 When Lieutenant Diaz arrived on the scene 147 00:06:19,838 --> 00:06:22,132 and he started asking questions, 148 00:06:22,132 --> 00:06:23,717 he told me to change our story. 149 00:06:23,717 --> 00:06:26,303 Were there other things in your account 150 00:06:26,303 --> 00:06:29,306 that Lieutenant Diaz told you to change for your report? 151 00:06:29,306 --> 00:06:31,474 Everything in that report 152 00:06:31,474 --> 00:06:33,852 is different from what really happened. 153 00:06:33,852 --> 00:06:35,520 If we may, Your Honor, 154 00:06:35,520 --> 00:06:37,898 we have video surveillance footage we'd like to play. 155 00:06:37,898 --> 00:06:39,774 The Defense will have to object to this, Your Honor. 156 00:06:39,774 --> 00:06:41,818 This video footage has not been properly authenticated. 157 00:06:41,818 --> 00:06:44,946 It's security footage from a camera owned by Sherwin Maloof, 158 00:06:44,946 --> 00:06:46,781 who's presently in Iran, 159 00:06:46,781 --> 00:06:48,992 but he did authenticate it already once 160 00:06:48,992 --> 00:06:50,076 during the grand jury. 161 00:06:50,076 --> 00:06:51,578 He went to Iran? 162 00:06:51,578 --> 00:06:54,205 One of the worst hit Covid areas in the world? 163 00:06:54,205 --> 00:06:55,874 He has sick family there, Your Honor. 164 00:06:55,874 --> 00:06:58,918 It was a sudden decision and one we have no control over. 165 00:06:58,918 --> 00:07:01,046 Is that so? 166 00:07:01,046 --> 00:07:05,717 Because we subpoenaed Mr. Maloof's text records 167 00:07:05,717 --> 00:07:08,345 and discovered 168 00:07:08,345 --> 00:07:13,433 a curious correspondence between him and Safiya Masry. 169 00:07:13,433 --> 00:07:16,186 In one of their most recent exchanges, 170 00:07:16,186 --> 00:07:18,980 Mr. Maloof wrote "Safe in Tehran. 171 00:07:18,980 --> 00:07:21,399 Thank you for letting me go." 172 00:07:21,399 --> 00:07:23,318 I couldn't find Mr. Maloof in Tehran, 173 00:07:23,318 --> 00:07:25,570 but I did get an affidavit from his wife, 174 00:07:25,570 --> 00:07:28,490 who stated it was Ms. Masry... Is this true? 175 00:07:28,490 --> 00:07:30,575 ...who suggested her husband leave the country. He was never gonna testify. 176 00:07:30,575 --> 00:07:32,035 It was the only way. 177 00:07:32,035 --> 00:07:33,662 Judge Howell: Ms. Masry? 178 00:07:33,662 --> 00:07:37,248 Uh, the witness was terrified to testify against the police 179 00:07:37,248 --> 00:07:39,250 because he'd been arrested on a petty charge 180 00:07:39,250 --> 00:07:41,127 designed to intimidate him. 181 00:07:41,127 --> 00:07:43,213 I did tell him that having authenticated 182 00:07:43,213 --> 00:07:44,923 the video at the Grand Jury stage, 183 00:07:44,923 --> 00:07:47,133 a court would likely still admit the video 184 00:07:47,133 --> 00:07:49,094 even if he was unavailable. 185 00:07:49,094 --> 00:07:51,721 I should also note that neither Mr. Roswell 186 00:07:51,721 --> 00:07:55,058 nor Mr. Wallace were aware of my conversation with Mr. Maloof. 187 00:07:55,058 --> 00:07:56,935 Whether or not her co‐counsels knew, 188 00:07:56,935 --> 00:08:00,480 Ms. Masry basically told the witness to flee. 189 00:08:00,480 --> 00:08:03,400 If the prosecution procured his unavailability, 190 00:08:03,400 --> 00:08:06,653 the Court can't possibly allow the video into evidence. 191 00:08:06,653 --> 00:08:09,406 No. Clearly. 192 00:08:09,406 --> 00:08:12,367 I cannot imagine what you were thinking, Ms. Masry, 193 00:08:12,367 --> 00:08:14,160 but the court will be excluding the video. 194 00:08:14,160 --> 00:08:19,290 ♪♪ 195 00:08:19,290 --> 00:08:21,167 Roswell: I don't know how you could do that without telling us. 196 00:08:21,167 --> 00:08:24,170 Come on, Henry, you know you both needed deniability. 197 00:08:24,170 --> 00:08:26,172 No one's gonna believe us anyway. 198 00:08:26,172 --> 00:08:29,384 We needed to decide this together. 199 00:08:29,384 --> 00:08:31,845 Maybe I should step down. Clear the air for you two. 200 00:08:31,845 --> 00:08:34,472 And how do you think that's gonna look for the jury? 201 00:08:34,472 --> 00:08:36,683 When they get back, suddenly you're gone? 202 00:08:36,683 --> 00:08:38,727 We need to focus on Matranga. 203 00:08:38,727 --> 00:08:40,729 Where's his head? 204 00:08:40,729 --> 00:08:43,356 Without that video, it's his word against theirs. 205 00:08:43,356 --> 00:08:46,109 Maybe we should adjourn till tomorrow. 206 00:08:46,109 --> 00:08:48,903 No. We give him any more time to think, he's gonna fold. 207 00:08:48,903 --> 00:08:50,613 We need to throw him up there and let him finish. 208 00:08:50,613 --> 00:08:54,534 ♪♪ 209 00:08:54,534 --> 00:08:58,163 Officer Matranga, you testified earlier 210 00:08:58,163 --> 00:09:01,082 that when Officer Lindsley sent you back to the squad car 211 00:09:01,082 --> 00:09:03,376 to run Andy's license, that you were nervous. 212 00:09:03,376 --> 00:09:04,544 That's right. 213 00:09:04,544 --> 00:09:07,213 Why was that? 214 00:09:07,213 --> 00:09:09,632 I was afraid the situation might escalate. 215 00:09:09,632 --> 00:09:12,260 But you said you observed Andy being compliant. 216 00:09:12,260 --> 00:09:14,137 I wasn't worried about him. 217 00:09:14,137 --> 00:09:17,348 So you were concerned about Officer Lindsley? 218 00:09:17,348 --> 00:09:19,768 Well, I'd seen him use f‐force at times 219 00:09:19,768 --> 00:09:21,061 I didn't think was necessary. 220 00:09:21,061 --> 00:09:23,354 On how many occasions? 221 00:09:23,354 --> 00:09:25,982 At least half a dozen. If he was amped up. 222 00:09:25,982 --> 00:09:29,110 Was he amped up the night he shot Andy Josiah? 223 00:09:29,110 --> 00:09:31,696 We all were. I mean, he was especially. 224 00:09:31,696 --> 00:09:33,782 And why was that? 225 00:09:33,782 --> 00:09:35,909 Because of the protests. 226 00:09:35,909 --> 00:09:37,744 So, do you think he was looking for somewhere 227 00:09:37,744 --> 00:09:40,705 to put that amped‐up energy? 228 00:09:40,705 --> 00:09:42,874 I don't know. I hope not. 229 00:09:44,584 --> 00:09:46,252 No further questions, Your Honor. 230 00:09:48,546 --> 00:09:51,424 Officer Matranga, how long did you work 231 00:09:51,424 --> 00:09:54,219 with Officer Lindsley as partners? 232 00:09:54,219 --> 00:09:56,012 Almost two years. 233 00:09:56,012 --> 00:10:00,308 And over the course of two years, 234 00:10:00,308 --> 00:10:04,687 did you ever report Mr. Lindsley to your superior? 235 00:10:04,687 --> 00:10:06,314 [ Chuckles ] No. 236 00:10:06,314 --> 00:10:09,984 Did you ever express any reservations about 237 00:10:09,984 --> 00:10:14,114 working with him or ask for a new assignment? 238 00:10:15,698 --> 00:10:17,075 No. 239 00:10:17,075 --> 00:10:19,119 Did the prosecution offer you immunity 240 00:10:19,119 --> 00:10:20,620 to testify today? 241 00:10:20,620 --> 00:10:22,580 I'm testifying because my part‐‐ 242 00:10:22,580 --> 00:10:24,124 Yes or no. 243 00:10:24,124 --> 00:10:29,087 Were you offered immunity in exchange for your testimony? 244 00:10:29,087 --> 00:10:30,463 Yes. 245 00:10:30,463 --> 00:10:35,802 So after two years of saying nothing 246 00:10:35,802 --> 00:10:39,639 about a partner who supposedly has concerning behavior, 247 00:10:39,639 --> 00:10:41,558 now that it benefits you, you're willing to say 248 00:10:41,558 --> 00:10:43,393 almost anything to save yourself? 249 00:10:43,393 --> 00:10:44,894 I am telling the truth. 250 00:10:44,894 --> 00:10:46,146 Then let me ask you this. 251 00:10:46,146 --> 00:10:47,689 At what point during the evening 252 00:10:47,689 --> 00:10:51,109 did you believe Officer Lindsley was violating police protocol? 253 00:10:51,109 --> 00:10:55,196 Was it when you went back to the car and said nothing? 254 00:10:55,196 --> 00:10:59,117 Or was it when you were in the car, doing nothing? 255 00:11:00,451 --> 00:11:02,537 I'll ask you this then. 256 00:11:02,537 --> 00:11:06,958 As per your police protocol, if you were the one 257 00:11:06,958 --> 00:11:09,711 who asked Mr. Josiah to get out of the car, 258 00:11:09,711 --> 00:11:14,924 if you were the one standing five feet away 259 00:11:14,924 --> 00:11:17,969 when he reached into a car, 260 00:11:17,969 --> 00:11:20,930 can you know for certain what you would have done? 261 00:11:25,768 --> 00:11:27,437 No. 262 00:11:27,437 --> 00:11:36,321 ♪♪ 263 00:11:36,321 --> 00:11:39,407 Maybe we go back to Diaz and offer him a deal. 264 00:11:39,407 --> 00:11:41,075 Without the video of him harassing Sherwin, 265 00:11:41,075 --> 00:11:42,744 he'll laugh in our faces. 266 00:11:42,744 --> 00:11:44,537 What about trying to get Sherwin back here? 267 00:11:44,537 --> 00:11:45,830 It's worth a try. 268 00:11:45,830 --> 00:11:48,208 It's fruit from a poisonous tree now, Saf. 269 00:11:48,208 --> 00:11:49,417 Forget it. 270 00:11:49,417 --> 00:11:51,419 We find something in Lindsley's past. 271 00:11:51,419 --> 00:11:53,713 One of the other incidents. We ‐‐ We show a pattern. 272 00:11:53,713 --> 00:11:55,965 Unless we find an incident where he shot someone, 273 00:11:55,965 --> 00:11:57,926 Judge is never gonna let us walk down that road. 274 00:11:57,926 --> 00:11:59,385 Maybe we try and say it's something racial 275 00:11:59,385 --> 00:12:00,386 and show it was a hate crime? 276 00:12:00,386 --> 00:12:02,055 That's a whole other charge. 277 00:12:02,055 --> 00:12:04,515 We're not going back to a third Grand Jury, Charlotte. 278 00:12:04,515 --> 00:12:06,434 You're just gonna sit there and say no to everything? 279 00:12:06,434 --> 00:12:09,896 I'm not gonna pitch bad ideas just 'cause we're losing. 280 00:12:09,896 --> 00:12:13,358 If you ask me, I say we ‐‐ we leak the video to the press, 281 00:12:13,358 --> 00:12:15,026 make sure the jury sees it. 282 00:12:15,026 --> 00:12:16,486 No. 283 00:12:16,486 --> 00:12:18,363 I'm not putting that lynching porn on the Internet 284 00:12:18,363 --> 00:12:19,989 for Marcel and his sister to grow up 285 00:12:19,989 --> 00:12:21,491 watching their father get murdered. 286 00:12:21,491 --> 00:12:23,284 Well, how about calling Marcel to the stand? 287 00:12:23,284 --> 00:12:24,911 I'm almost afraid to mention it 288 00:12:24,911 --> 00:12:26,704 'cause you're too close to that family, 289 00:12:26,704 --> 00:12:31,125 and everybody in this room knows we got no choice now. 290 00:12:32,752 --> 00:12:35,338 Alright. I'm gonna get some fresh air. 291 00:12:35,338 --> 00:12:37,090 Aaron. 292 00:12:38,716 --> 00:12:41,010 Aaron. 293 00:12:43,137 --> 00:12:45,682 I blew it. 294 00:12:45,682 --> 00:12:47,475 I blew the whole thing. 295 00:12:47,475 --> 00:12:51,312 ♪♪ 296 00:12:51,312 --> 00:12:53,481 Aaron? 297 00:12:53,481 --> 00:12:54,732 Aaron? What? 298 00:12:54,732 --> 00:12:56,317 I'm ‐‐ I'm sorry. 299 00:12:56,317 --> 00:12:57,860 That didn't come out the way I wanted it to. 300 00:12:57,860 --> 00:12:59,946 Man: Aaron Wallace? 301 00:12:59,946 --> 00:13:01,906 Big man. 302 00:13:01,906 --> 00:13:03,533 Righteous man. 303 00:13:03,533 --> 00:13:05,201 You got ‐‐ You got a problem? 304 00:13:05,201 --> 00:13:07,495 Nah, nah, I think he does, though. 305 00:13:07,495 --> 00:13:09,956 Whoa, whoa, whoa, easy! Easy! Easy! Easy! Easy! 306 00:13:09,956 --> 00:13:11,291 Blue Lives Matter! 307 00:13:11,291 --> 00:13:12,709 Ohh! 308 00:13:12,709 --> 00:13:13,626 [ Groaning ] 309 00:13:13,626 --> 00:13:14,919 Aaron: Henry! 310 00:13:14,919 --> 00:13:16,296 Oh! What happened?! 311 00:13:16,296 --> 00:13:17,839 Call an ambulance! He's been shot! 312 00:13:17,839 --> 00:13:19,340 He's bleeding bad! 313 00:13:19,340 --> 00:13:21,301 We need something to wrap it! Charlotte, get some towels! 314 00:13:21,301 --> 00:13:22,885 Are you all right? 315 00:13:22,885 --> 00:13:24,095 Yeah. You're gonna be okay, Henry. 316 00:13:24,095 --> 00:13:25,471 We got you. We got you. [ Groans ] 317 00:13:29,309 --> 00:13:30,601 [ Footsteps approaching ] 318 00:13:30,601 --> 00:13:33,187 Aaron! 319 00:13:35,106 --> 00:13:36,941 What do the doctors say? 320 00:13:36,941 --> 00:13:39,527 He's still in the O. R. Oh, my God. 321 00:13:39,527 --> 00:13:40,945 When I first heard, I thought I lost you. 322 00:13:40,945 --> 00:13:43,197 I know. I know. 323 00:13:43,197 --> 00:13:45,366 Did you talk to Jazz? 324 00:13:45,366 --> 00:13:48,494 Yeah. She's okay. She knows I'm all right. 325 00:13:48,494 --> 00:13:51,247 Reporter: The gunman's apparent target was Aaron Wallace, 326 00:13:51,247 --> 00:13:53,541 who's angered conservative groups who believe 327 00:13:53,541 --> 00:13:56,711 he's on a crusade to destroy the NYPD. 328 00:13:56,711 --> 00:13:59,505 Once again, Special Prosecutor Aaron Wallace 329 00:13:59,505 --> 00:14:02,467 appears to have been the intended target. 330 00:14:06,345 --> 00:14:08,723 [ Ventilator hissing, monitor beeping ] 331 00:14:08,723 --> 00:14:11,142 He stepped in front of me. 332 00:14:15,146 --> 00:14:17,690 He took a bullet for me. 333 00:14:17,690 --> 00:14:19,067 [ Cellphone vibrating ] 334 00:14:26,699 --> 00:14:27,909 Hey, Elaine. 335 00:14:27,909 --> 00:14:29,368 Is everything all right? 336 00:14:29,368 --> 00:14:31,120 Yeah, I'm fine. And so is Henry. 337 00:14:31,120 --> 00:14:33,372 Oh, my God. This is... 338 00:14:33,372 --> 00:14:34,415 I know. 339 00:14:34,415 --> 00:14:36,459 So, what happens now? 340 00:14:36,459 --> 00:14:38,211 The Judge will give us a mistrial. 341 00:14:38,211 --> 00:14:41,047 We can start over in a few months. 342 00:14:41,047 --> 00:14:43,257 We get Henry back, regroup, 343 00:14:43,257 --> 00:14:45,843 and hopefully this whole thing dies down. 344 00:14:45,843 --> 00:14:47,804 No. It won't. 345 00:14:47,804 --> 00:14:49,472 And you can't give that young cop a chance 346 00:14:49,472 --> 00:14:51,474 to change his story again. 347 00:14:51,474 --> 00:14:54,060 The thing is, Elaine... 348 00:14:54,060 --> 00:14:55,645 is we're losing. 349 00:14:55,645 --> 00:14:56,813 Pretty bad. 350 00:14:56,813 --> 00:14:58,439 So without that video ‐‐ 351 00:14:58,439 --> 00:15:00,608 That's why you're gonna put Marcel on the stand. 352 00:15:00,608 --> 00:15:02,401 We didn't want to do that. 353 00:15:02,401 --> 00:15:04,904 Andy is never coming back, Aaron. 354 00:15:04,904 --> 00:15:06,364 If anything is gonna break Marcel, 355 00:15:06,364 --> 00:15:09,033 it's gonna be not having his father. 356 00:15:09,033 --> 00:15:12,161 Marcel can testify that Andy wasn't arguing. 357 00:15:12,161 --> 00:15:13,496 He can also tell the jury 358 00:15:13,496 --> 00:15:16,749 that that man pointed a gun at him. 359 00:15:16,749 --> 00:15:20,128 We've come this far. We gotta finish this now. 360 00:15:20,128 --> 00:15:21,462 [ Sighs ] 361 00:15:24,423 --> 00:15:26,926 I didn't want it to come to this. 362 00:15:26,926 --> 00:15:29,595 I put you in this position. 363 00:15:29,595 --> 00:15:32,265 You haven't seen your kids in over a month. 364 00:15:34,350 --> 00:15:36,352 I know what you've sacrificed to do this with me. 365 00:15:39,897 --> 00:15:41,858 [ Footsteps approaching ] 366 00:15:44,068 --> 00:15:46,028 Give me a minute. 367 00:15:47,864 --> 00:15:50,408 How's Henry doing? 368 00:15:50,408 --> 00:15:51,617 [ Sighs ] 369 00:15:51,617 --> 00:15:53,035 He'll be out of commission for a while, 370 00:15:53,035 --> 00:15:55,496 but...seems like he'll be all right. 371 00:15:55,496 --> 00:15:57,748 I know how close you two are. 372 00:15:57,748 --> 00:16:00,001 I heard you had some issues, too. 373 00:16:00,001 --> 00:16:04,547 Mm. Nothing like that. Just hate mail. 374 00:16:04,547 --> 00:16:06,424 Yeah. People are having a hard time 375 00:16:06,424 --> 00:16:08,009 figuring out what it is you're doing here. 376 00:16:09,594 --> 00:16:12,180 There can't be any doubt in your mind he's a racist. 377 00:16:12,180 --> 00:16:14,432 And that he shot Andy in cold blood. 378 00:16:14,432 --> 00:16:16,684 As a matter of fact, I do have doubt. 379 00:16:16,684 --> 00:16:19,270 And he deserves the benefit of that, like anyone else. 380 00:16:19,270 --> 00:16:21,522 He had plenty of lawyers to choose from, 381 00:16:21,522 --> 00:16:24,317 so it wasn't exactly your civic duty to take this on. 382 00:16:24,317 --> 00:16:25,735 So if a Black woman does anything 383 00:16:25,735 --> 00:16:28,404 outside of your rulebook, she's a race traitor. 384 00:16:28,404 --> 00:16:29,655 It's got nothing to do with you being a woman. 385 00:16:29,655 --> 00:16:31,782 If a Black woman's literally not walking behind the coffin, 386 00:16:31,782 --> 00:16:34,035 holding a handkerchief, with her head down in deference... 387 00:16:34,035 --> 00:16:35,745 You representing him... ...burn her at the stake. 388 00:16:35,745 --> 00:16:37,330 ...condones what he did. Period. 389 00:16:40,416 --> 00:16:43,461 Do you know how many Black women were beaten, 390 00:16:43,461 --> 00:16:48,341 shot, arrested the same week as Andy Josiah? 391 00:16:48,341 --> 00:16:50,718 Why don't you take one of their cases? 392 00:16:50,718 --> 00:16:52,637 There was a Black woman 393 00:16:52,637 --> 00:16:55,473 who was killed in her own home by cops. 394 00:16:55,473 --> 00:16:57,475 I don't see the outrage for her. 395 00:16:57,475 --> 00:16:59,060 Where's her burning buildings? 396 00:17:02,730 --> 00:17:06,275 I'm sorry about what happened to you, 397 00:17:06,275 --> 00:17:08,778 and I respect what you've done for yourself. 398 00:17:08,778 --> 00:17:11,322 I don't think it's too much to expect the same from you. 399 00:17:19,956 --> 00:17:23,459 We are reconvening today under very extreme circumstances. 400 00:17:23,459 --> 00:17:25,586 If the prosecution would like an adjournment, 401 00:17:25,586 --> 00:17:28,547 the court would of course be amenable. 402 00:17:28,547 --> 00:17:31,050 Thank you, Your Honor. 403 00:17:31,050 --> 00:17:32,677 We're ready to proceed. 404 00:17:33,302 --> 00:17:36,097 Then present your next witness, please. 405 00:17:39,892 --> 00:17:41,936 You ready, Big Man? 406 00:17:41,936 --> 00:17:45,523 If I tell you, will this man go to jail? 407 00:17:45,523 --> 00:17:47,567 [ Sighs ] 408 00:17:47,567 --> 00:17:49,694 You just tell the judge everything you know, 409 00:17:49,694 --> 00:17:51,904 and I'll do my job, alright? 410 00:17:53,239 --> 00:17:54,448 Alright. 411 00:17:56,200 --> 00:17:58,327 The People call Marcel Josiah. 412 00:17:58,327 --> 00:18:04,667 ♪♪ 413 00:18:04,667 --> 00:18:11,090 ♪♪ 414 00:18:14,927 --> 00:18:17,013 [ Police radio chatter ] 415 00:18:17,013 --> 00:18:19,599 I'm sure the Attorney General's office will give you a call, 416 00:18:19,599 --> 00:18:21,767 but I just heard that they arrested the guy 417 00:18:21,767 --> 00:18:23,352 who shot Roswell. 418 00:18:23,352 --> 00:18:24,270 Who is he? 419 00:18:24,270 --> 00:18:25,896 Name's Mark Bosworth. 420 00:18:25,896 --> 00:18:28,357 No connection to police. 421 00:18:28,357 --> 00:18:30,026 Well, he was spouting off "Blue Lives Matter." 422 00:18:30,026 --> 00:18:32,278 Mm. There's a lot of Internet chatter. 423 00:18:32,278 --> 00:18:34,572 Seems like he drove all the way up from Virginia. 424 00:18:34,572 --> 00:18:36,657 I guess this story's going national. 425 00:18:36,657 --> 00:18:40,453 Listen, when the trial's over, 426 00:18:40,453 --> 00:18:44,040 I'm gonna recommend to the DA that you be taken off probation. 427 00:18:44,040 --> 00:18:46,334 We both know it's ridiculous. 428 00:18:46,334 --> 00:18:49,086 So what? 429 00:18:49,086 --> 00:18:51,005 We're not gonna be hanging out like this no more? 430 00:18:51,005 --> 00:18:52,673 Just keep doing what you're doing. 431 00:18:52,673 --> 00:18:54,967 Win or lose, 432 00:18:54,967 --> 00:18:57,678 you're a role model to a lot of people right now. 433 00:18:57,678 --> 00:19:00,014 Including my 9‐year‐old son. 434 00:19:01,724 --> 00:19:05,061 You really came through for me, Scotty. 435 00:19:05,061 --> 00:19:07,021 Thank you. 436 00:19:07,021 --> 00:19:08,522 [ Cellphone vibrating ] 437 00:19:11,025 --> 00:19:12,568 Say good night to Marie for me. 438 00:19:16,113 --> 00:19:17,865 Hey. 439 00:19:17,865 --> 00:19:21,202 I have a play that would give us back the idea of the video. 440 00:19:21,202 --> 00:19:23,204 What do you mean the "idea"? 441 00:19:23,204 --> 00:19:26,415 Roberts: The People call Marco Diaz. 442 00:19:32,296 --> 00:19:34,215 [ Door closes ] Something happen to him? 443 00:19:37,843 --> 00:19:39,762 Do you swear to tell the truth, the whole truth 444 00:19:39,762 --> 00:19:41,514 and nothing but the truth, so help you God? 445 00:19:41,514 --> 00:19:42,932 I do. 446 00:19:43,391 --> 00:19:45,559 Lieutenant Diaz. Good morning. 447 00:19:45,559 --> 00:19:48,062 No, it isn't. 448 00:19:48,062 --> 00:19:50,398 No. I suppose you're right. 449 00:19:50,398 --> 00:19:53,150 Certainly not for the family of Andy Josiah. 450 00:19:53,150 --> 00:19:54,985 Or Officer Lindsley. 451 00:19:54,985 --> 00:19:57,154 Or any other person who puts on the uniform 452 00:19:57,154 --> 00:19:58,906 and goes out into the streets to protect people like you. 453 00:19:58,906 --> 00:20:00,408 Okay. Well, I'm glad we're clear 454 00:20:00,408 --> 00:20:02,535 about your attitude about all of this. 455 00:20:02,535 --> 00:20:05,496 Let's get to what happened the night of June 9th. 456 00:20:05,496 --> 00:20:07,665 Were you present on the scene the night 457 00:20:07,665 --> 00:20:12,044 that Andy Josiah was shot in the back by Officer Lindsley? 458 00:20:12,044 --> 00:20:14,130 I arrived at the scene afterwards. 459 00:20:14,130 --> 00:20:15,840 And what was your role there? 460 00:20:15,840 --> 00:20:17,591 To supervise the investigation. 461 00:20:17,591 --> 00:20:19,135 Was it part of your job to collect 462 00:20:19,135 --> 00:20:21,137 witness interviews on the scene? 463 00:20:21,137 --> 00:20:22,638 It always is. Mm‐hmm. 464 00:20:22,638 --> 00:20:25,391 And ‐‐ And were any witness interviews conducted? 465 00:20:25,391 --> 00:20:27,560 There wasn't anybody around, so no. 466 00:20:27,560 --> 00:20:31,105 Did anyone canvass the neighborhood? 467 00:20:31,105 --> 00:20:32,231 Not to my knowledge, no. 468 00:20:32,231 --> 00:20:34,650 Look for video surveillance footage? 469 00:20:34,650 --> 00:20:36,736 I was told there was nothing in the area. 470 00:20:36,736 --> 00:20:37,945 By whom? 471 00:20:37,945 --> 00:20:39,697 The uniform on scene. 472 00:20:39,697 --> 00:20:40,906 Can't remember who. 473 00:20:40,906 --> 00:20:43,325 So you don't remember 474 00:20:43,325 --> 00:20:45,911 going into Sherwin Maloof's bodega 475 00:20:45,911 --> 00:20:49,498 and asking him about the existence of video footage? 476 00:20:49,498 --> 00:20:51,751 Nope. 477 00:20:51,751 --> 00:20:56,172 Well, this is video taken from inside the bodega. 478 00:20:56,172 --> 00:20:56,922 Is that you, Lieutenant Diaz? 479 00:20:56,922 --> 00:20:58,215 Objection! No. 480 00:20:58,215 --> 00:20:59,508 He just said he didn't remember. 481 00:20:59,508 --> 00:21:01,135 I'm merely refreshing his recollection. 482 00:21:01,135 --> 00:21:03,888 It's a backdoor way to avoid the authentication ruling. 483 00:21:03,888 --> 00:21:05,473 We're not seeking to introduce this 484 00:21:05,473 --> 00:21:07,057 as evidence, Your Honor. 485 00:21:07,057 --> 00:21:10,352 Rule 6.09 subdivision one specifically allows 486 00:21:10,352 --> 00:21:12,271 the use of a writing or other matter 487 00:21:12,271 --> 00:21:14,440 precisely for this purpose. 488 00:21:14,440 --> 00:21:16,567 She's not wrong, Ms. Marshall. 489 00:21:16,567 --> 00:21:18,360 Overruled. 490 00:21:18,360 --> 00:21:20,446 So, Lieutenant Diaz, 491 00:21:20,446 --> 00:21:23,574 is this helping you jog your memory? 492 00:21:23,574 --> 00:21:25,451 I don't know when that is. 493 00:21:25,451 --> 00:21:29,622 Well, the date/time code at the bottom indicates June 9th. 494 00:21:29,622 --> 00:21:33,375 Do you remember what you and Mr. Maloof talked about? 495 00:21:33,375 --> 00:21:35,085 No. 496 00:21:35,085 --> 00:21:36,378 Oh. 497 00:21:36,378 --> 00:21:38,631 Well, that right there 498 00:21:38,631 --> 00:21:40,841 looks like you getting a flash drive from him. 499 00:21:40,841 --> 00:21:43,093 Where is that flash drive now, Lieutenant? 500 00:21:43,093 --> 00:21:44,845 I don't know. 501 00:21:44,845 --> 00:21:47,765 Did that flash drive contain footage of the shooting, 502 00:21:47,765 --> 00:21:49,809 Lieutenant Diaz? 503 00:21:51,852 --> 00:21:54,897 On advice of counsel, I'm gonna plead the fifth. 504 00:21:54,897 --> 00:21:56,565 Did you destroy it? 505 00:21:56,565 --> 00:21:58,818 On advice of counsel, I'm gonna plead the fifth. 506 00:21:58,818 --> 00:22:01,487 We're willing to offer you immunity from any perjury charges 507 00:22:01,487 --> 00:22:03,447 if you correct your previous statement right now. 508 00:22:03,447 --> 00:22:07,493 So I'm gonna ask you one more time. 509 00:22:07,493 --> 00:22:09,870 Was there something on that video 510 00:22:09,870 --> 00:22:12,706 that made you concerned that Officer Lindsley 511 00:22:12,706 --> 00:22:17,169 had committed a crime when he shot Andy Josiah? 512 00:22:17,169 --> 00:22:20,548 On advice of counsel, I'm gonna plead the fifth. 513 00:22:22,842 --> 00:22:25,719 I suppose you believe your loyalty to your fellow officers 514 00:22:25,719 --> 00:22:28,639 is admirable, Lieutenant. 515 00:22:31,809 --> 00:22:33,477 We need to talk. 516 00:22:33,477 --> 00:22:36,188 What's going on? 517 00:22:36,188 --> 00:22:38,774 Diaz was attacked last night. 518 00:22:38,774 --> 00:22:40,150 What? 519 00:22:40,150 --> 00:22:42,695 They got him outside his house. 520 00:22:42,695 --> 00:22:43,988 It was a warning. 521 00:22:43,988 --> 00:22:46,282 He better put the word out to lay off you. 522 00:22:46,282 --> 00:22:47,950 And you think I have something to do with it? 523 00:22:47,950 --> 00:22:50,744 I know you have friends in lots of places. 524 00:22:50,744 --> 00:22:53,330 I spent nine years fighting for my freedom. 525 00:22:53,330 --> 00:22:57,209 I'm not gonna throw that away, not for anything. 526 00:22:57,209 --> 00:22:58,711 That's good enough for me. 527 00:22:58,711 --> 00:23:00,629 And what about Diaz? 528 00:23:00,629 --> 00:23:04,341 He said the ‐‐ the guys had Russian accents. 529 00:23:04,341 --> 00:23:06,260 He doesn't know what to make of it. 530 00:23:06,260 --> 00:23:07,803 Is he gonna report it? 531 00:23:07,803 --> 00:23:09,972 I urged him not to. 532 00:23:09,972 --> 00:23:12,766 He agreed it would only escalate everything. 533 00:23:12,766 --> 00:23:15,102 And he doesn't want any more attention. 534 00:23:17,021 --> 00:23:19,398 [ Sighs ] 535 00:23:19,398 --> 00:23:21,483 This is getting out of control. 536 00:23:27,740 --> 00:23:29,950 Well, Diaz said he heard Russian accents, 537 00:23:29,950 --> 00:23:31,243 but I think they were Albanian. 538 00:23:31,243 --> 00:23:32,578 I just don't think he knows the difference. 539 00:23:32,578 --> 00:23:34,038 Albanian? 540 00:23:34,038 --> 00:23:35,998 Davit. 541 00:23:35,998 --> 00:23:38,667 Do you think Jamal arranged this? 542 00:23:38,667 --> 00:23:41,629 He was saying something about getting me protection. 543 00:23:41,629 --> 00:23:44,924 He knows that Davit owes me from what I did for his cousin. 544 00:23:44,924 --> 00:23:46,592 If anyone from probation finds out about this... 545 00:23:46,592 --> 00:23:48,636 I know. 546 00:23:48,636 --> 00:23:50,596 I'm not gonna tell you you need to throw him away. 547 00:23:50,596 --> 00:23:53,891 It's just, you're gonna have to handle him somehow. 548 00:23:53,891 --> 00:23:55,643 Yeah. 549 00:23:58,437 --> 00:24:00,564 You ready for tomorrow? 550 00:24:00,564 --> 00:24:04,276 Yeah. It'll be Lindsley on the stand. 551 00:24:04,276 --> 00:24:06,528 It'll all come down to that. 552 00:24:06,528 --> 00:24:09,698 I don't want to testify. 553 00:24:09,698 --> 00:24:11,408 What are you talking about? 554 00:24:11,408 --> 00:24:13,202 You have to give your side of the story. 555 00:24:13,202 --> 00:24:14,662 Burden of proof's on them. 556 00:24:14,662 --> 00:24:16,038 You made Matranga look like a weasel. 557 00:24:16,038 --> 00:24:17,331 But they scored with Diaz. 558 00:24:17,331 --> 00:24:19,249 They don't have the video! 559 00:24:19,249 --> 00:24:21,293 To half that jury, Diaz just looks like a guy 560 00:24:21,293 --> 00:24:22,628 trying to take care of his own. 561 00:24:22,628 --> 00:24:24,046 Which is the truth. 562 00:24:24,046 --> 00:24:26,131 You have to speak unto your state of mind, 563 00:24:26,131 --> 00:24:29,093 what you were thinking when Josiah reached into the car. 564 00:24:29,093 --> 00:24:30,302 Well, it's not complicated. 565 00:24:30,302 --> 00:24:32,596 Everybody understands the circumstances. 566 00:24:32,596 --> 00:24:35,099 I get it's gonna be uncomfortable, Edgar, 567 00:24:35,099 --> 00:24:37,142 but your story is convincing. 568 00:24:37,142 --> 00:24:40,020 If it wasn't, I would have never stayed on the case. 569 00:24:40,020 --> 00:24:43,232 I pointed my gun at the kid. 570 00:24:43,232 --> 00:24:45,609 He's gonna ask me about it, 571 00:24:45,609 --> 00:24:47,695 and I'm not gonna have an answer. 572 00:24:47,695 --> 00:24:49,530 You were scared. 573 00:24:49,530 --> 00:24:51,031 That's your answer. 574 00:24:51,031 --> 00:24:53,617 And when he asks me why? 575 00:24:53,617 --> 00:24:55,911 If I would've been scared if they were white? 576 00:24:55,911 --> 00:24:57,079 Like you told me before ‐‐ 577 00:24:57,079 --> 00:24:58,539 anyone who reached into their car like that 578 00:24:58,539 --> 00:25:00,332 would've frightened you. 579 00:25:00,332 --> 00:25:04,003 You saw the boy. 580 00:25:04,003 --> 00:25:07,506 Wallace will tear me apart. 581 00:25:07,506 --> 00:25:09,508 He'll try. 582 00:25:09,508 --> 00:25:12,761 But only you can say you regret what happened. 583 00:25:15,764 --> 00:25:17,182 Judge Howell: Does the Defense have any witnesses 584 00:25:17,182 --> 00:25:19,393 it would like to call? 585 00:25:21,687 --> 00:25:23,272 Ms. Marshall? 586 00:25:23,272 --> 00:25:24,481 Veronica: The Defense feels no need 587 00:25:24,481 --> 00:25:26,108 to call any witnesses, Your Honor. 588 00:25:26,108 --> 00:25:28,193 He's a coward. 589 00:25:28,193 --> 00:25:30,779 Then we'll proceed with closing arguments. 590 00:25:30,779 --> 00:25:33,240 For the Defense? 591 00:25:35,576 --> 00:25:41,290 The prosecution's case rests on three things. 592 00:25:41,290 --> 00:25:44,918 First, the testimony of Philip Matranga, 593 00:25:44,918 --> 00:25:49,631 who claims Officer Lindsley has a tendency to overreact 594 00:25:49,631 --> 00:25:53,886 with violence, and yet, he never came forward. 595 00:25:53,886 --> 00:25:58,599 Second, the prosecution would have you assume 596 00:25:58,599 --> 00:26:01,685 if Lieutenant Diaz behaved in an unprofessional way 597 00:26:01,685 --> 00:26:03,562 after he arrived on the scene, 598 00:26:03,562 --> 00:26:07,316 it must mean Officer Lindsley is guilty. 599 00:26:07,316 --> 00:26:10,402 You simply cannot make that assumption. 600 00:26:10,402 --> 00:26:13,489 And finally, 601 00:26:13,489 --> 00:26:17,201 and this is very difficult, 602 00:26:17,201 --> 00:26:21,663 we have the testimony of Marcel Josiah, 603 00:26:21,663 --> 00:26:27,169 a 7‐year‐old boy, traumatized by the death of his father, 604 00:26:27,169 --> 00:26:29,755 brought here to deliver justice for him. 605 00:26:29,755 --> 00:26:32,841 Do we really believe he could distinguish what was happening 606 00:26:32,841 --> 00:26:34,384 inside that car? 607 00:26:34,384 --> 00:26:35,803 Who was saying what? 608 00:26:35,803 --> 00:26:39,515 If his father resisted or not? 609 00:26:39,515 --> 00:26:42,059 We can't know. 610 00:26:42,059 --> 00:26:50,400 But can we send a man to prison because we hurt for the boy? 611 00:26:50,400 --> 00:26:55,864 Because we ache for his mother? 612 00:26:55,864 --> 00:26:59,243 Because we feel terrible about the man who was lost? 613 00:26:59,243 --> 00:27:02,287 This was a tragedy, 614 00:27:02,287 --> 00:27:06,416 one that has happened far too often in this country. 615 00:27:06,416 --> 00:27:10,921 But remember, it was a dark night, 616 00:27:10,921 --> 00:27:13,465 with the entire nation on edge. 617 00:27:13,465 --> 00:27:18,053 Andy Josiah reached into the window of his car. 618 00:27:18,053 --> 00:27:20,556 That was a mistake. 619 00:27:20,556 --> 00:27:28,355 A terrible, unfortunate mistake was made by both men. 620 00:27:28,355 --> 00:27:31,316 But a mistake is not a crime. 621 00:27:51,420 --> 00:27:55,591 When they get to around 10 years old, 622 00:27:55,591 --> 00:28:00,262 every Black child in America gets "the talk." 623 00:28:00,262 --> 00:28:04,099 What to do when accosted by a police officer. 624 00:28:04,099 --> 00:28:06,727 Hands out your pockets. 625 00:28:06,727 --> 00:28:10,105 Yes, sir, yes, ma'am. 626 00:28:10,105 --> 00:28:12,900 Respect, compliance. 627 00:28:12,900 --> 00:28:19,740 From about that age, we are taught that this ‐‐ 628 00:28:19,740 --> 00:28:21,700 this color... 629 00:28:21,700 --> 00:28:24,578 this skin... 630 00:28:24,578 --> 00:28:29,333 will be considered a threat. 631 00:28:29,333 --> 00:28:34,087 Andy did what his father taught him. 632 00:28:34,087 --> 00:28:40,218 He was polite, respectful, compliant. 633 00:28:40,218 --> 00:28:44,640 Officer Matranga told us that. 634 00:28:44,640 --> 00:28:47,434 Now, if it wasn't true, 635 00:28:47,434 --> 00:28:51,647 why would Lieutenant Diaz go to such lengths 636 00:28:51,647 --> 00:28:55,150 to ensure the video disappeared? 637 00:28:58,612 --> 00:29:02,824 What we'll never know is what was going through the mind 638 00:29:02,824 --> 00:29:06,870 of Edgar Lindsley when he shot Andy Josiah. 639 00:29:06,870 --> 00:29:09,539 We can't know 640 00:29:09,539 --> 00:29:12,876 because he never bothered to fill out a police report. 641 00:29:12,876 --> 00:29:16,505 Why? 642 00:29:16,505 --> 00:29:19,049 Well, the assumption seems to be that Andy Josiah's family 643 00:29:19,049 --> 00:29:21,635 didn't deserve an explanation. 644 00:29:21,635 --> 00:29:24,429 And that by simply saying nothing, 645 00:29:24,429 --> 00:29:28,350 he would get the benefit of the doubt. 646 00:29:28,350 --> 00:29:31,770 Now, would he have felt that way 647 00:29:31,770 --> 00:29:35,357 if the man he pulled over was white? 648 00:29:35,357 --> 00:29:38,860 If it was a white boy who was calling out 649 00:29:38,860 --> 00:29:41,405 to his father from the back seat? 650 00:29:41,405 --> 00:29:45,951 If a white man made the "mistake" 651 00:29:45,951 --> 00:29:49,454 of reaching into the car 652 00:29:49,454 --> 00:29:53,709 to help his frightened 7‐year‐old son, 653 00:29:53,709 --> 00:29:57,129 would Officer Lindsley have shot him in the back? 654 00:29:59,631 --> 00:30:05,095 Andy would have given his son that talk sooner or later. 655 00:30:07,472 --> 00:30:12,352 But Marcel doesn't need that explained to him now, does he? 656 00:30:16,356 --> 00:30:18,734 This all needs to change. 657 00:30:21,153 --> 00:30:25,198 It needs to change right now. 658 00:30:25,198 --> 00:30:28,201 Right here. 659 00:30:28,201 --> 00:30:30,037 Today. 660 00:30:30,037 --> 00:30:35,876 ♪♪ 661 00:30:35,876 --> 00:30:41,673 ♪♪ 662 00:30:45,719 --> 00:30:48,513 Reporter: It was a case that began with an act of violence 663 00:30:48,513 --> 00:30:50,807 and was marred by the near‐fatal shooting 664 00:30:50,807 --> 00:30:52,768 of a special prosecutor. 665 00:30:52,768 --> 00:30:56,313 But now, after six long days of deliberation, 666 00:30:56,313 --> 00:30:58,523 the jury for the Andy Josiah shooting 667 00:30:58,523 --> 00:31:00,609 informed Judge Patricia Howell 668 00:31:00,609 --> 00:31:02,819 that they were finished. 669 00:31:02,819 --> 00:31:05,072 That's no guarantee they've reached a verdict, 670 00:31:05,072 --> 00:31:06,573 but one way or another, 671 00:31:06,573 --> 00:31:09,951 this saga will finally come to an end tomorrow. 672 00:31:09,951 --> 00:31:11,536 Man: Court is now in session. 673 00:31:11,536 --> 00:31:12,829 Judge Howell: Thank you. 674 00:31:12,829 --> 00:31:16,208 Madam Foreman, has the jury reached a verdict? 675 00:31:16,208 --> 00:31:18,210 We have, Your Honor. 676 00:31:18,210 --> 00:31:20,003 Will the Defendant please rise? 677 00:31:26,009 --> 00:31:28,178 As to the first count of the indictment, 678 00:31:28,178 --> 00:31:29,513 Manslaughter in the First Degree, 679 00:31:29,513 --> 00:31:30,931 how does the jury find? 680 00:31:30,931 --> 00:31:32,933 Not guilty, Your Honor. 681 00:31:38,939 --> 00:31:40,440 On the second count of the indictment, 682 00:31:40,440 --> 00:31:42,859 charging Criminally Negligent Homicide, 683 00:31:42,859 --> 00:31:44,736 how does the jury find? 684 00:31:44,736 --> 00:31:46,488 Guilty, Your Honor. 685 00:31:52,202 --> 00:31:54,955 Take it easy. It is the lesser charge. 686 00:31:54,955 --> 00:31:56,957 It's still a felony. 687 00:31:56,957 --> 00:31:59,876 I'm gonna lose my job and my pension. 688 00:31:59,876 --> 00:32:03,421 It's something, Aaron. 689 00:32:03,421 --> 00:32:05,924 It was a slap on the wrist. 690 00:32:07,050 --> 00:32:09,261 Before I issue sentence, I understand that 691 00:32:09,261 --> 00:32:11,179 Mrs. Josiah would like to say something. 692 00:32:11,179 --> 00:32:13,515 Would you come forward, please? 693 00:32:29,781 --> 00:32:32,701 The jury has decided that what happened to my husband 694 00:32:32,701 --> 00:32:35,537 was an accident. 695 00:32:35,537 --> 00:32:39,207 Like when a car company makes faulty brakes. 696 00:32:41,585 --> 00:32:46,298 When there's an accident, we want to forgive people. 697 00:32:46,298 --> 00:32:50,177 To give them another chance. 698 00:32:50,177 --> 00:32:52,721 But my Andy isn't gonna get another chance. 699 00:32:52,721 --> 00:32:55,473 Because that "accident" happened with a gun. 700 00:32:55,473 --> 00:32:59,561 In the hands of a man with all the power. 701 00:33:03,064 --> 00:33:05,775 [ Sighs ] Now, the way I see it, 702 00:33:05,775 --> 00:33:08,403 when you take a job where you have that kind of power... 703 00:33:08,403 --> 00:33:11,406 you've gotta be more careful. 704 00:33:11,406 --> 00:33:13,366 That means before you get out of your car to ask someone 705 00:33:13,366 --> 00:33:16,870 about a cellphone or a U‐turn, 706 00:33:16,870 --> 00:33:21,708 you gotta think about the fact that that's somebody's father, 707 00:33:21,708 --> 00:33:24,669 somebody's husband, 708 00:33:24,669 --> 00:33:28,048 somebody's son that you're gonna be talking to. 709 00:33:31,968 --> 00:33:34,221 If you can't handle that, 710 00:33:34,221 --> 00:33:37,557 if all that makes you too scared, 711 00:33:37,557 --> 00:33:41,603 then there's lots of other jobs you can do. 712 00:33:41,603 --> 00:33:43,521 Without a gun. 713 00:33:45,315 --> 00:33:48,193 'Cause we can't have any more "accidents" like this. 714 00:33:52,530 --> 00:33:58,328 The night our son was born, Andy wrote a letter to him. 715 00:33:58,328 --> 00:34:02,290 I'd like to read it to him now ‐‐ in this courtroom. 716 00:34:02,290 --> 00:34:06,586 "Dear Marcel, you were just born. 717 00:34:06,586 --> 00:34:10,674 I held you in my arms for the first time tonight. 718 00:34:10,674 --> 00:34:15,345 You are so small, your entire body almost fits in my hand. 719 00:34:15,345 --> 00:34:17,389 I hope you'll grow healthy and strong." 720 00:34:17,389 --> 00:34:19,182 Andy: ...strong. 721 00:34:19,182 --> 00:34:22,936 But I admit, part of me wants you to stay this small... 722 00:34:22,936 --> 00:34:25,188 so I can always protect you. 723 00:34:25,188 --> 00:34:27,357 I hope so much for you, Marcel. 724 00:34:27,357 --> 00:34:30,485 That you are happy and healthy. 725 00:34:30,485 --> 00:34:33,571 I hope that you are never afraid. 726 00:34:33,571 --> 00:34:36,574 That you always feel you can tell me anything. 727 00:34:36,574 --> 00:34:38,034 I hope that you are 728 00:34:38,034 --> 00:34:40,370 quick to forgive 729 00:34:40,370 --> 00:34:43,290 and slow to anger. 730 00:34:43,290 --> 00:34:47,252 I hope that you do what you love. 731 00:34:47,252 --> 00:34:49,462 And that when you fall in love, 732 00:34:49,462 --> 00:34:51,548 it's as special as what me and your mom have. 733 00:34:51,548 --> 00:34:54,718 Know that I love you. 734 00:34:54,718 --> 00:34:58,263 Your birth has made me the happiest man... "Your birth has made me the happiest man on Earth. 735 00:34:58,263 --> 00:35:03,059 And I will always be there for you." 736 00:35:04,686 --> 00:35:06,187 "Your dad." 737 00:35:09,774 --> 00:35:11,693 [ Inhales deeply ] 738 00:35:22,370 --> 00:35:26,124 To protect and serve. 739 00:35:29,586 --> 00:35:32,380 That's what you were supposed to do. 740 00:35:47,062 --> 00:35:49,064 Roberts: All rise! 741 00:35:55,362 --> 00:35:57,238 Mr. Lindsley, is there anything you'd like to say 742 00:35:57,238 --> 00:35:59,324 before I issue your sentence? 743 00:35:59,324 --> 00:36:01,743 No, Your Honor. 744 00:36:01,743 --> 00:36:04,788 You stand before me, convicted by a jury, 745 00:36:04,788 --> 00:36:07,207 of a single count of a Non‐Violent E‐felony 746 00:36:07,207 --> 00:36:09,793 of Criminally Negligent Homicide. 747 00:36:09,793 --> 00:36:12,295 Certainly, Mr. Wallace and his team have presented 748 00:36:12,295 --> 00:36:15,173 a very compelling case. 749 00:36:15,173 --> 00:36:19,469 I'm deeply troubled by the testimony of Officer Matranga, 750 00:36:19,469 --> 00:36:21,763 as well as the behavior of Lieutenant Diaz 751 00:36:21,763 --> 00:36:23,682 in the aftermath of the shooting. 752 00:36:23,682 --> 00:36:27,143 And Mrs. Josiah's pleas, which are also the pleas 753 00:36:27,143 --> 00:36:29,938 of a bereft and suffering community, 754 00:36:29,938 --> 00:36:32,524 cannot possibly fall on deaf ears. 755 00:36:32,524 --> 00:36:36,194 Nor can the agonizing words of her son, Marcel, 756 00:36:36,194 --> 00:36:38,655 who lost his father. 757 00:36:38,655 --> 00:36:40,865 Therefore, I am sentencing you 758 00:36:40,865 --> 00:36:43,451 to the maximum term allowable by law, 759 00:36:43,451 --> 00:36:45,662 four years in state prison. 760 00:36:45,662 --> 00:36:48,540 The defendant will now be remanded to the custody 761 00:36:48,540 --> 00:36:50,959 of the New York State Department of Corrections 762 00:36:50,959 --> 00:36:52,794 to serve his sentence at a facility 763 00:36:52,794 --> 00:36:54,087 which they will determine. 764 00:36:54,087 --> 00:36:55,922 Officers, execute sentence. 765 00:36:55,922 --> 00:36:57,090 [ Handcuffs clicking ] 766 00:36:59,300 --> 00:37:01,344 Roberts: This proceeding being concluded, 767 00:37:01,344 --> 00:37:02,887 the court is now adjourned. 768 00:37:02,887 --> 00:37:08,101 ♪♪ 769 00:37:08,101 --> 00:37:13,356 ♪♪ 770 00:37:13,356 --> 00:37:14,858 Thank you. 771 00:37:14,858 --> 00:37:16,317 For everything. 772 00:37:16,317 --> 00:37:19,863 No. No. It was you. And Marcel. 773 00:37:19,863 --> 00:37:22,282 You see what you did. 774 00:37:22,282 --> 00:37:24,325 That man is not gonna hurt anyone anymore. 775 00:37:27,954 --> 00:37:30,415 We're still gonna play chess now, right? 776 00:37:30,415 --> 00:37:32,625 Every Tuesday and Friday. Four o'clock, alright? 777 00:37:33,877 --> 00:37:35,211 Alright. 778 00:37:36,755 --> 00:37:39,799 Well, it's not all the marbles, but it's something, guys. 779 00:37:39,799 --> 00:37:41,718 It's acknowledgement. 780 00:37:41,718 --> 00:37:43,636 And accountability. 781 00:37:43,636 --> 00:37:46,431 And a lot better than almost anyone else has done. 782 00:37:46,431 --> 00:37:49,100 We make a good team. 783 00:37:49,100 --> 00:37:51,436 Well, you're the starting shortstop... 784 00:37:51,436 --> 00:37:54,773 and center fielder and pitching ace. 785 00:37:54,773 --> 00:37:56,524 I don't know what I am. 786 00:37:56,524 --> 00:37:59,277 The scruffy manager who spent too many years in the minors? 787 00:37:59,277 --> 00:38:00,320 [ Chuckles ] 788 00:38:00,320 --> 00:38:02,071 Well, don't look at me. 789 00:38:02,071 --> 00:38:03,406 I don't know anything about football. 790 00:38:05,909 --> 00:38:08,703 It's baseball, Safiya. 791 00:38:08,703 --> 00:38:10,914 [ Laughs ] Well, I‐I knew that, Aaron. 792 00:38:10,914 --> 00:38:13,374 I just wanted to see how much you underestimated me. 793 00:38:13,374 --> 00:38:15,084 Well, that's one thing we've never done. 794 00:38:15,084 --> 00:38:17,212 No way. 795 00:38:17,212 --> 00:38:21,007 So are we gonna, like, start a firm or something? 796 00:38:21,007 --> 00:38:23,009 Official? 797 00:38:23,009 --> 00:38:25,762 There's a lot of work to do. 798 00:38:25,762 --> 00:38:27,972 Damn right there is. 799 00:38:27,972 --> 00:38:30,183 Good. 800 00:38:30,183 --> 00:38:31,184 Now I'm gonna go see my kids. 801 00:38:32,977 --> 00:38:35,563 You take care. 802 00:38:35,563 --> 00:38:37,482 [ Monitor beeping ] 803 00:38:39,484 --> 00:38:42,946 I never did thank you... 804 00:38:42,946 --> 00:38:44,531 for what you did in the hallway. 805 00:38:44,531 --> 00:38:46,616 Aaron, don't. 806 00:38:46,616 --> 00:38:50,203 I hope you weren't trying to make some kind of amends. 807 00:38:50,203 --> 00:38:53,122 'Cause you don't need to. 808 00:38:53,122 --> 00:38:56,084 It wasn't an amend. 809 00:38:56,084 --> 00:38:58,628 I did it 'cause I love you. 810 00:38:58,628 --> 00:39:05,134 ♪♪ 811 00:39:05,134 --> 00:39:11,391 ♪♪ 812 00:39:11,391 --> 00:39:14,352 I'm gonna do the rest of this tomorrow. 813 00:39:14,352 --> 00:39:15,937 Sure. Okay. 814 00:39:15,937 --> 00:39:17,730 You get on home. 815 00:39:17,730 --> 00:39:19,774 Thanks for all your hard work. 816 00:39:19,774 --> 00:39:21,985 Mr. Wallace...? 817 00:39:23,945 --> 00:39:26,406 Do you think we made a difference? 818 00:39:26,406 --> 00:39:28,700 [ Sighs ] 819 00:39:28,700 --> 00:39:31,411 I don't know. 820 00:39:31,411 --> 00:39:32,829 What do you think? 821 00:39:34,831 --> 00:39:36,666 I guess we'll see. 822 00:39:36,666 --> 00:39:42,380 ♪♪ 823 00:39:42,380 --> 00:39:43,756 Night. 824 00:39:49,929 --> 00:39:53,016 [ Door opens, closes ] 825 00:39:59,230 --> 00:40:01,190 [ Line ringing ] [ Sighs ] 826 00:40:01,190 --> 00:40:02,984 There he is. 827 00:40:02,984 --> 00:40:05,194 The Man of the Peoples. 828 00:40:05,194 --> 00:40:07,947 I know what you did with Diaz. 829 00:40:07,947 --> 00:40:09,616 What you talking about? 830 00:40:09,616 --> 00:40:11,284 Don't do me like that. 831 00:40:11,284 --> 00:40:12,827 Let's get real. 832 00:40:12,827 --> 00:40:14,954 So, what, I'm not supposed to have your back now? 833 00:40:14,954 --> 00:40:17,290 He was my key witness. 834 00:40:17,290 --> 00:40:19,250 I'm lucky he showed up at court. 835 00:40:19,250 --> 00:40:22,545 Well, it was just a brushback pitch. 836 00:40:22,545 --> 00:40:24,756 But it could've blown back on me. 837 00:40:24,756 --> 00:40:26,257 Nah. But it didn't. 838 00:40:26,257 --> 00:40:27,926 And I made sure that it didn't. 839 00:40:27,926 --> 00:40:30,219 Listen, I know you were trying to protect me, 840 00:40:30,219 --> 00:40:33,306 but I'd be lying if I said I wasn't worried about 841 00:40:33,306 --> 00:40:34,766 the road you're going down. 842 00:40:34,766 --> 00:40:37,560 I hear you. I hear you. 843 00:40:37,560 --> 00:40:39,395 Listen. 844 00:40:39,395 --> 00:40:41,022 I'm gonna stay out of your business on the outside 845 00:40:41,022 --> 00:40:43,316 from here on in. 846 00:40:43,316 --> 00:40:45,401 We gotta draw a harder line than that, Jamal. 847 00:40:45,401 --> 00:40:48,655 [ Inhales, exhales deeply ] 848 00:40:48,655 --> 00:40:51,658 You gotta erase my number from your burner. 849 00:40:51,658 --> 00:40:54,911 No more texts or calls. 850 00:40:54,911 --> 00:40:57,205 Not from there. 851 00:40:57,205 --> 00:41:02,043 Yeah, we'll just go back to Wednesdays in the phone bank. 852 00:41:02,043 --> 00:41:03,920 With the Man listening in. 853 00:41:03,920 --> 00:41:07,256 I'll do one better. 854 00:41:07,256 --> 00:41:09,717 I'll be at Bellmore Monday morning. 855 00:41:09,717 --> 00:41:11,844 As your lawyer. 856 00:41:11,844 --> 00:41:14,555 Got some new ideas on your case. 857 00:41:14,555 --> 00:41:15,848 Come on, man. 858 00:41:15,848 --> 00:41:17,850 You a legend now. 859 00:41:17,850 --> 00:41:20,937 You got more important things you need to focus on. 860 00:41:20,937 --> 00:41:23,064 No, nothing's more important to me than gettin' you out. 861 00:41:23,064 --> 00:41:25,650 But you gotta let me know that you want it. 862 00:41:25,650 --> 00:41:26,859 And that you're willing to fight. 863 00:41:31,489 --> 00:41:33,700 Yeah. Whatever it takes. 864 00:41:33,700 --> 00:41:36,536 I'll see you soon. 865 00:41:36,536 --> 00:41:38,037 Right on. 866 00:41:39,580 --> 00:41:40,623 [ Keypad beeps ] 867 00:41:41,165 --> 00:41:42,834 [ Scoffs ] 868 00:41:45,169 --> 00:41:47,255 [ Sighs ] 869 00:41:47,255 --> 00:41:52,719 ♪♪ 870 00:41:52,719 --> 00:41:55,388 [ Cellphone vibrating ] 871 00:41:55,388 --> 00:42:00,768 ♪♪ 872 00:42:00,768 --> 00:42:02,020 Who this? 873 00:42:02,020 --> 00:42:03,771 Bobby said you needed to holler at me. 874 00:42:03,771 --> 00:42:06,357 You thought I forgot about you? 875 00:42:06,357 --> 00:42:09,861 We got unfinished business. 876 00:42:09,861 --> 00:42:11,612 Now how you think we gonna settle it? 877 00:42:11,612 --> 00:42:20,621 ♪♪ 878 00:42:20,621 --> 00:42:22,957 [ Sighs ] 879 00:42:22,957 --> 00:42:32,467 ♪♪ 880 00:42:32,467 --> 00:42:34,510 [ Police radio chatter ] 881 00:42:34,510 --> 00:42:42,351 ♪♪ 882 00:42:42,351 --> 00:42:44,937 Hey. Look at you. 883 00:42:44,937 --> 00:42:47,106 Ready for the world. 884 00:42:47,106 --> 00:42:49,734 [ Gasps ] Oh, my God, he did it. 885 00:42:49,734 --> 00:42:51,611 Jazz! Ronnie! He stood up! 886 00:42:51,611 --> 00:42:54,739 Oh, lil' man's on his feet? 887 00:42:54,739 --> 00:42:58,326 Yeah. I went to warm up his milk. Look at him. 888 00:42:58,326 --> 00:42:59,619 Jasmine: Dad, you were the first one to see him? 889 00:42:59,619 --> 00:43:01,120 Yeah. 890 00:43:01,120 --> 00:43:03,289 Hey, congratulations, Aaron. 891 00:43:03,289 --> 00:43:04,457 You did Andy proud. 892 00:43:04,457 --> 00:43:05,458 Thanks. 893 00:43:05,458 --> 00:43:08,377 You did us all proud. 894 00:43:08,377 --> 00:43:10,588 How you feeling? 895 00:43:10,588 --> 00:43:12,381 It's good to be home. 896 00:43:14,175 --> 00:43:16,302 Come on. 897 00:43:16,302 --> 00:43:18,554 Ronnie: Oh, you're walking to your mama? 898 00:43:18,554 --> 00:43:19,680 Yeah. 899 00:43:19,680 --> 00:43:21,891 [ Laughter ] 900 00:43:26,479 --> 00:43:36,114 ♪♪ 901 00:43:36,114 --> 00:43:45,706 ♪♪ 902 00:43:45,706 --> 00:43:55,007 ♪♪