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VILLAHERMOSA-TEAPA FREEWAY, TABASCO

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TRUCK BURNS IN MAJAHUA

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A NETFLIX DOCUMENTARY SERIES

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RESEARCHER AND DOCUMENTARY MAKER

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DEFENSE LAWYER

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PUBLIC TRIAL HEARING
FEBRUARY 26TH, 2018

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<i>-You may continue.</i>
<i>-Thank you.</i>

8
00:05:17,525 --> 00:05:19,068
<i>Please, address the court.</i>

9
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<i>Are the people that tried to deprive you</i>
<i>of your freedom here?</i>

10
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<i>Victim, you may answer.</i>

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MR. ACP
PROSECUTION WITNESS

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<i>No… yes.</i>

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<i>There…</i>

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<i>On the left, there is…</i>

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<i>Juan Luis.</i>

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<i>In the middle, Héctor.</i>

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<i>And then…</i>

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<i>And then, Gonzalo.</i>

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<i>Are you aware</i>
<i>that lying in court is a crime?</i>

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<i>No, could you repeat that?</i>

21
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<i>Are you aware</i>
<i>that lying in court is a crime?</i>

22
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<i>Yes, I am.</i>

23
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<i>Is it true that the person</i>

24
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<i>that allegedly pointed at you with a gun</i>

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<i>stuck his hand</i>
<i>through your truck's window?</i>

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<i>Well, yes and no,</i>
<i>because he didn't manage to--</i>

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<i>Yes or no, please, sir.</i>

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<i>Yes.</i>

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<i>He reached</i>
<i>through the passenger window, right?</i>

30
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<i>Yes.</i>

31
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<i>When you shot,</i>
<i>the bullet hit his right hand.</i>

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<i>I didn't want to hit him,</i>
<i>just scare him.</i>

33
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<i>My intention wasn't to hurt him.</i>

34
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<i>It was an accident.</i>

35
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<i>I think the bullet hit his hand,</i>
<i>but I'm not sure, I didn't see.</i>

36
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<i>Please, tell the court</i>
<i>why you had that gun on you.</i>

37
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<i>It's a .22 caliber pistol</i>

38
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<i>that a friend gave me to work on.</i>

39
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<i>Do you have a permit</i>
<i>for that type of firearm?</i>

40
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<i>Yes, your Honor. I have a permit</i>

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<i>for a .22 caliber.</i>

42
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<i>Isn't it so</i>
<i>that you don't have a permit</i>

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<i>to carry that particular .22 pistol</i>
<i>that your friend gave you?</i>

44
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<i>Yes, I think so… I guess.</i>

45
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<i>You guess.</i>

46
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<i>I don't know,</i>
<i>The defense told me it wasn't carrying,</i>

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<i>that I had registered it.</i>

48
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<i>Are you aware it is a crime</i>
<i>to carry a gun without a permit?</i>

49
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<i>-I have various--</i>
<i>-Sir, yes or no?</i>

50
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<i>-Carrying it is a crime, yes.</i>
<i>-Yes or no, sir.</i>

51
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<i>Honorable court,</i>
<i>may I make a request?</i>

52
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<i>Yes?</i>

53
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<i>Can the victim take five minutes?</i>

54
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<i>He's getting unsettled.</i>

55
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<i>-Just so he calms down.</i>
-<i>Does he qualify?</i>

56
00:08:32,178 --> 00:08:36,474
<i>He is telling me his brain hurts.</i>

57
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<i>That's why I want the five minutes,</i>

58
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<i>so he can relax</i>
<i>and properly answer the questions.</i>

59
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[judge<i> 2</i>] <i>Prosecution?</i>

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<i>Your Honor, this social worker points out</i>

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<i>that the victim suffers from hypertension</i>

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<i>and that apparently, a few days ago,</i>
<i>he presented unstable angina.</i>

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<i>Very well. Defense?</i>

64
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<i>Your Honor, we have no evidence</i>

65
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<i>that those statements are true.</i>

66
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<i>He was responding just fine.</i>

67
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<i>The questions got uncomfortable</i>

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<i>and started affecting their case</i>

69
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<i>and, all of a sudden, he needs time</i>
<i>to be able to think about his answers.</i>

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<i>We don't see a justification</i>
<i>for their request.</i>

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<i>And as you can see yourselves,</i>
<i>nothing was happening to him</i>

72
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<i>when the psychologist interceded.</i>

73
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<i>Mr. ACP, what do you have to say?</i>

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<i>I was in bad health in November. I--</i>

75
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<i>I mean about right now.</i>

76
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<i>Well…</i>

77
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<i>Let's continue.</i>

78
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<i>You're in good condition to continue?</i>

79
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<i>Yes, I'd like to get it over with.</i>

80
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<i>Isn't it that you never showed</i>
<i>to any authority</i>

81
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<i>the registration permit for the pistol</i>
<i>you used to shoot Mr. Héctor?</i>

82
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<i>Yes or no, please.</i>

83
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<i>Mr. ACP, yes or no, please.</i>

84
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<i>I showed it to the DA.</i>

85
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<i>So you showed the permit</i>
<i>to the DA. Correct?</i>

86
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<i>Mr. ACP, I'm asking you a question.</i>
<i>Please, answer.</i>

87
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<i>No.</i>

88
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[Andrés<i>, </i>surprised] <i>No?</i>

89
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<i>No. Actually, I told her about it.</i>

90
00:10:32,798 --> 00:10:34,884
<i>I can't say things that aren't true.</i>

91
00:10:37,345 --> 00:10:40,765
<i>You did not hand over the gun</i>
<i>to the authorities. Correct?</i>

92
00:10:43,934 --> 00:10:46,687
<i>Mr. ACP, please, yes or no?</i>

93
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<i>No.</i>

94
00:10:51,275 --> 00:10:52,485
<i>Nothing further.</i>

95
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-Muñoz Muñoz, Héctor.
-Here!

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GONZALO'S SISTER

97
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1,233 DAYS IN PRISON
THE VERDICT

98
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<i>Okay. Having debated</i>

99
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<i>within the time frame</i>
<i>established by our legislation,</i>

100
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<i>I will now give the floor</i>
<i>to my fellow judge</i>

101
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<i>to read out the ruling</i>

102
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<i>this court of prosecution has,</i>
<i>uh… decided on.</i>

103
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<i>This court has unanimously decided</i>

104
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<i>to rule against Juan Luis López García,</i>

105
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<i>Héctor Muñoz Muñoz</i>
<i>and Gonzalo García Hernández,</i>

106
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<i>based on the accusation</i>
<i>made by the public prosecutor's office</i>

107
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<i>in the criminal case 33, from 2015,</i>

108
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<i>of attempted aggravated kidnapping</i>

109
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<i>of ACP.</i>

110
00:17:49,151 --> 00:17:51,487
<i>Regarding the criminal responsibility</i>

111
00:17:51,570 --> 00:17:55,074
<i>of the accused, Héctor Muñoz Muñoz,</i>
<i>Gonzalo García Hernández</i>

112
00:17:55,157 --> 00:17:56,825
<i>and Juan Luis López García,</i>

113
00:17:56,909 --> 00:17:59,286
<i>we believe it was proved beyond doubt</i>

114
00:17:59,369 --> 00:18:03,791
<i>through the logical and legal correlation</i>
<i>of the evidence provided.</i>

115
00:18:23,393 --> 00:18:27,564
<i>Against the accused,</i>
<i>we have the testimony of ACP, the victim,</i>

116
00:18:27,648 --> 00:18:30,025
<i>and of the eyewitness, ACC.</i>

117
00:18:30,109 --> 00:18:33,779
<i>With their spontaneous,</i>
<i>chronological and detailed statements,</i>

118
00:18:33,862 --> 00:18:35,989
<i>they demonstrated before this court</i>

119
00:18:36,615 --> 00:18:40,160
<i>the behavior of each of the accused men.</i>

120
00:18:40,244 --> 00:18:41,370
<i>We deem irrelevant</i>

121
00:18:41,453 --> 00:18:45,457
<i>the statement of Dr. Edward Charles</i>
<i>Alexander Worrall González</i>

122
00:18:45,541 --> 00:18:50,003
<i>about the reconstruction of the events</i>
<i>of September 9th, 2017.</i>

123
00:19:37,134 --> 00:19:43,182
NEW CRIMINAL JUSTICE SYSTEM IN TABASCO

124
00:19:49,813 --> 00:19:51,607
<i>They said we'd be released.</i>

125
00:19:54,693 --> 00:19:57,613
<i>To hell with that. I can't believe it.</i>

126
00:19:58,655 --> 00:20:00,782
<i>I can't believe what they are doing.</i>

127
00:20:01,700 --> 00:20:05,287
<i>No. I think if we had lied,</i>
<i>we'd be free by now.</i>

128
00:20:42,908 --> 00:20:44,576
STATE POLICE

129
00:21:29,663 --> 00:21:36,545
SENTENCE
SEPTEMBER 17TH, 2018

130
00:22:20,130 --> 00:22:24,843
<i>For being found criminally liable</i>
<i>for attempted aggravated kidnapping,</i>

131
00:22:24,926 --> 00:22:28,930
<i>they will be sentenced according</i>
<i>to articles 9, first section, paragraph A,</i>

132
00:22:29,014 --> 00:22:34,186
<i>and 10, first section,</i>
<i>paragraphs A, B and C in Kidnapping Law.</i>

133
00:22:34,269 --> 00:22:37,981
<i>Each are sentenced</i>
<i>to three years, six months in prison</i>

134
00:22:38,065 --> 00:22:43,987
<i>and a fine of 200 days,</i> <i>from the date</i>
<i>of this sentence being declared in force,</i>

135
00:22:44,071 --> 00:22:47,616
<i>and the days they have been imprisoned</i>

136
00:22:48,200 --> 00:22:51,286
<i>will be deducted from said sentence.</i>

137
00:23:46,133 --> 00:23:47,884
<i>Mr. Juan Luis López García,</i>

138
00:23:47,968 --> 00:23:50,762
<i>Héctor Muñoz Muñoz</i>
<i>and Gonzalo García Hernández,</i>

139
00:23:50,846 --> 00:23:54,433
<i>do you have anything to say?</i>
<i>Any questions?</i>

140
00:23:55,016 --> 00:23:56,268
<i>-No.</i>
-<i>Sir?</i>

141
00:23:56,351 --> 00:23:57,894
<i>-No, nothing.</i>
<i>-Sir?</i>

142
00:24:18,415 --> 00:24:23,211
{\an8}PRISON GUARD

143
00:25:30,237 --> 00:25:37,202
{\an8}STATE GENERAL ATTORNEY OF TABASCO

144
00:27:33,568 --> 00:27:37,530
{\an8}APPEAL PRESENTATION

145
00:28:03,556 --> 00:28:07,185
APPEAL COURT

146
00:28:45,849 --> 00:28:50,729
<i>The defense considers</i>
<i>that the sentence was appropriate.</i>

147
00:28:50,812 --> 00:28:54,983
<i>The sentencing court correctly applied</i>

148
00:28:55,066 --> 00:28:57,485
<i>article 63.</i>

149
00:29:02,615 --> 00:29:05,660
<i>This hearing is now over.</i>

150
00:29:05,744 --> 00:29:12,625
<i>And in this case, all parties,</i>
<i>in the terms of article 63 of said code,</i>

151
00:29:12,709 --> 00:29:14,544
<i>are hereby notified.</i>

152
00:29:20,049 --> 00:29:26,848
EXECUTION COURT
CRIMINAL PENALTIES IN TABASCO

153
00:32:26,444 --> 00:32:28,905
<i>The one standing up</i>
<i>grabbed my head and hit me.</i>

154
00:32:28,988 --> 00:32:32,116
<i>"Don't even fucking move!"</i>

155
00:32:32,200 --> 00:32:35,328
<i>I told him, "I can't breathe. I can't."</i>

156
00:32:35,411 --> 00:32:39,332
<i>But they wanted me to say</i>
<i>something that wasn't true.</i>

157
00:32:53,763 --> 00:32:56,140
<i>I think there were a few of them,</i>

158
00:32:57,684 --> 00:33:00,812
<i>because one held my hands,</i>
<i>like this, subdued.</i>

159
00:33:00,895 --> 00:33:02,397
<i>One had his…</i>

160
00:33:03,314 --> 00:33:05,692
<i>his knee on my chest.</i>

161
00:33:13,908 --> 00:33:16,327
<i>There was a row of bikes, and more above.</i>

162
00:33:16,411 --> 00:33:19,455
<i>They left me there, on my knees,</i>
<i>kind of hanging.</i>

163
00:33:19,956 --> 00:33:23,960
<i>Since I was taken there</i>
<i>until about five in the morning,</i>

164
00:33:24,669 --> 00:33:26,087
<i>I was kept there.</i>

165
00:33:26,796 --> 00:33:27,797
<i>On my knees.</i>

166
00:33:27,880 --> 00:33:30,258
<i>I didn't sleep, didn't drink any water.</i>

167
00:33:31,884 --> 00:33:34,971
LAWYER AND RESEARCHER

168
00:33:46,232 --> 00:33:48,526
HEARING ROOM

169
00:35:42,807 --> 00:35:44,976
<i>After a while, they came back.</i>

170
00:35:45,059 --> 00:35:47,520
<i>Again, they put the bag on my head.</i>

171
00:35:49,438 --> 00:35:51,941
<i>I kept telling them</i>
<i>I didn't know those men</i>

172
00:35:52,024 --> 00:35:54,360
<i>they wanted me to accuse.</i>

173
00:35:54,443 --> 00:35:57,321
<i>I said, "How can I accuse someone</i>
<i>I don't know?"</i>

174
00:36:00,366 --> 00:36:04,996
1,914 DAYS IN PRISON
SEPTEMBER 22ND, 2020

175
00:39:20,399 --> 00:39:25,112
ABSOLVED

176
00:42:42,935 --> 00:42:44,228
AS OF PRODUCTION,

177
00:42:44,311 --> 00:42:47,731
HÉCTOR, GONZALO AND JUAN LUIS
HAD SPENT 2<i>,</i>268 DAYS IN PRISON

178
00:42:47,815 --> 00:42:50,818
AND THE CONSTITUTIONAL APPEAL
THAT COULD GIVE THEM THEIR FREEDOM

179
00:42:50,901 --> 00:42:52,987
HAD NOT YET BEEN EVALUATED.

180
00:42:53,988 --> 00:42:56,907
NONE OF THE PUBLIC OFFICIALS
INVOLVED IN THE CASE

181
00:42:56,991 --> 00:42:58,784
HAVE BEEN INVESTIGATED FOR TORTURE.

182
00:42:58,867 --> 00:43:02,955
MOST OF THEM ARE STILL ACTIVE,
WITH GREATER POWER AND RESPONSIBILITIES.

183
00:43:03,998 --> 00:43:07,585
WE THANK THE FAMILIES OF DARWIN,
GONZALO, HÉCTOR AND JUAN LUIS.

184
00:43:07,668 --> 00:43:10,129
EVA, MAYRA, MARINA,
JUANA, MIGUELINA AND YAZMÍN.

185
00:43:10,212 --> 00:43:14,800
TO MIGUEL SANSORES
AND THE TABASCO INNOCENCE PROJECT.

186
00:43:14,883 --> 00:43:18,887
TO THE ATTORNEYS
ANDRÉS ANDRADE AND ALBERTO MAGAÑA.

187
00:43:18,971 --> 00:43:22,308
TO IKER IBARRECHE,
WHO TOOK OVER THE DEFENSE FROM 2020.

188
00:43:22,391 --> 00:43:26,979
TO THE AUTHORITIES, CUSTODIANS AND INMATES
WHO MADE FILMING POSSIBLE.

189
00:45:34,440 --> 00:45:38,777
Subtitle translation by Julieta Gazzaniga