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[Paola]
Smugglers in the Caribbean
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00:00:06,548 --> 00:00:08,466
have been trafficking migrants
from the islands
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00:00:08,508 --> 00:00:10,343
into the U.S. for generations.
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00:00:14,639 --> 00:00:16,474
[Paola] They're not only
just doing it for the money
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00:00:16,516 --> 00:00:17,976
but also because they can
get away with it.
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00:00:18,018 --> 00:00:19,686
I can't speculate as
to what's in a smuggler's head,
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00:00:19,728 --> 00:00:21,354
and we're gonna do our best
to stop them.
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00:00:21,396 --> 00:00:23,106
[Paola] Do you think
they have any clue?
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00:00:24,899 --> 00:00:26,317
[Dexter]
When the police tell you
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00:00:26,359 --> 00:00:27,527
you're gonna be
held responsible
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00:00:27,569 --> 00:00:28,695
for the death of A'Donte,
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00:00:28,737 --> 00:00:29,821
what was going through
your mind?
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00:00:34,117 --> 00:00:36,745
This is all because
of a rule called felony murder.
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00:00:36,786 --> 00:00:39,539
If someone dies while
a felony's being committed,
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00:00:39,581 --> 00:00:41,249
then everyone who was involved
in that felony
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00:00:41,291 --> 00:00:43,043
can be held responsible.
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What did you think was an
appropriate punishment for him?
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Burglary.
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00:00:46,588 --> 00:00:48,590
It may not be
your child today,
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00:00:48,631 --> 00:00:50,258
but tomorrow
it can very well be.
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dramatic music
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[people shouting]
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[Paola]
Off the coast of Florida,
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00:01:41,643 --> 00:01:43,144
U.S. law enforcement
authorities
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00:01:43,186 --> 00:01:45,772
are constantly chasing
modern-day pirates,
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00:01:45,814 --> 00:01:48,775
smugglers bringing migrants
in the country illegally.
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This onslaught of boats
is coming
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from all over the Caribbean,
but the best launch point
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lies just 50 miles off
Miami's coast.
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The island of Bimini
in the Bahamas
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is what's known as
the gateway to America,
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a mere two-hour trip by boat.
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Under the cover of night,
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clandestine launches
like this one,
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filmed earlier this summer
from an abandoned pier,
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00:02:14,259 --> 00:02:15,969
show the beginning
of the quiet
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and often
successful operations.
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We later learned
that these four migrants
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made it safely
to the United States.
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[boat engine revving]
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00:02:44,372 --> 00:02:47,041
But that's not always
the case.
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[reporter]
A stunning site on the water,
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when a boat leads police
on a wild chase.
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On board, a group of migrants
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trying to make it
to South Florida.
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[officer] They are now
crashing into the sea wall.
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[Paola]
Smugglers in the Caribbean
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00:02:59,762 --> 00:03:01,598
have been trafficking migrants
from the island
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00:03:01,639 --> 00:03:03,892
into the U.S.
for generations,
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00:03:03,933 --> 00:03:06,644
dodging both Bahamian
and U.S. authorities.
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00:03:06,686 --> 00:03:08,479
But with
an increased crackdown
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00:03:08,521 --> 00:03:11,608
along the U.S.-Mexico border
over the past two years,
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00:03:11,649 --> 00:03:14,027
the numbers here
have exploded.
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The U.S. Coast Guard says
it has stopped
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00:03:16,404 --> 00:03:19,198
four times as many migrants
from Cuba and Haiti
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00:03:19,240 --> 00:03:22,368
since October
than all of last year.
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[smuggler]
They can't stop it.
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They only can slow it down.
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When you see boats moving
in the night,
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00:03:30,251 --> 00:03:31,878
they're not going fishing.
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00:03:31,920 --> 00:03:34,631
[Paola] We were able to make
contact with a smuggler.
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00:03:34,672 --> 00:03:37,550
He arranges and executes
illegal crossings to Florida,
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usually at night.
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We agreed not to show
his face or reveal his name.
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00:03:41,930 --> 00:03:44,140
What do you use to navigate
at night?
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My eyes.
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[Paola]
Do you use a GPS?
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00:03:46,934 --> 00:03:48,561
Not really,
'cause GPS gets you caught.
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-Do you use lights?
-No.
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So you use your eyes?
That's it.
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[smuggler] Yeah.
I can run off the compass.
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Like, I know exactly what star
to look for.
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00:03:56,110 --> 00:03:57,612
Like, see,
y'all can't see it now,
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00:03:57,654 --> 00:03:59,072
because the Moon is out,
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00:03:59,113 --> 00:04:00,823
but the Big Dipper's
right there.
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00:04:00,865 --> 00:04:03,117
And the Big Dipper sits
really close to the Moon.
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00:04:03,159 --> 00:04:05,161
-[Paola] Yeah.
-So you can basically run
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00:04:05,203 --> 00:04:07,497
and just keep the Moon in
the middle of the Big Dipper.
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You can't miss it.
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00:04:09,332 --> 00:04:12,877
At this point, how many runs
do you think you've done total?
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Put it like this--
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I've been running
for over 22 years by myself.
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Prior to that, I was doing it
with my uncles
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00:04:21,052 --> 00:04:22,845
and, like, older cousins.
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00:04:22,887 --> 00:04:26,349
How much does each migrant
have to pay
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00:04:26,391 --> 00:04:28,101
in order to get
into one of these boats?
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00:04:28,142 --> 00:04:31,354
A Haitian will pay,
like, 4,500.
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00:04:31,396 --> 00:04:34,899
A Jamaican will pay, like,
4,500, 6,500.
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00:04:34,941 --> 00:04:38,403
And say, like,
we like to say "white people,"
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00:04:38,444 --> 00:04:41,281
they're spending, like,
12 grand, 16 grand,
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00:04:41,322 --> 00:04:43,449
sometimes almost 20 grand
per person.
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00:04:43,491 --> 00:04:46,119
Now, when you get
into that level,
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00:04:46,160 --> 00:04:48,454
you're not just dropping off--
you're delivering.
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00:04:48,496 --> 00:04:51,624
So it's, like--
let's say Chinese.
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00:04:51,666 --> 00:04:53,793
You don't drop Chinese off
on the beach.
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00:04:53,835 --> 00:04:56,421
Somebody has to be there
to pick them up,
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00:04:56,462 --> 00:04:58,298
and then they store them
somewhere else.
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00:04:58,339 --> 00:05:00,091
And then
the Chinese people come,
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00:05:00,133 --> 00:05:02,844
and then they pay you more,
and then they get their people.
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00:05:02,885 --> 00:05:05,263
I imagine not everyone
has a life vest.
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00:05:05,305 --> 00:05:08,099
[smuggler] Nah, not everybody,
sometimes nobody--me.
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[Paola] And in the course
of that hour and a half
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that it takes you to get there,
how are the migrants feeling?
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00:05:14,022 --> 00:05:16,399
[smuggler] It's normally be
a lot of praying and talking,
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00:05:16,441 --> 00:05:18,401
and you don't know
what the hell they be saying.
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So I just normally be telling
everybody,
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00:05:20,486 --> 00:05:23,197
"Stop praying. Stop talking.
Do that shit in your head."
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[Paola] Bimini smugglers
don't need faith
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to make the crossing.
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00:05:27,535 --> 00:05:30,079
Piracy is in their blood.
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00:05:30,121 --> 00:05:34,167
In the 1600 and 1700s
pirates like Sir Francis Drake
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00:05:34,208 --> 00:05:37,128
and Blackbeard used the
island's proximity to the U.S.
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00:05:37,170 --> 00:05:39,422
to hide treasures
and capture their prey.
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00:05:39,464 --> 00:05:41,507
In more recent history,
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00:05:41,549 --> 00:05:44,469
smugglers transported cocaine
during the crack epidemic
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00:05:44,510 --> 00:05:46,346
and booze
on boats like this one
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00:05:46,387 --> 00:05:48,348
during Prohibition.
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00:05:48,389 --> 00:05:51,809
Today human trafficking
is their business of choice.
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00:05:51,851 --> 00:05:54,145
It can be more lucrative
than moving drugs
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00:05:54,187 --> 00:05:56,022
and carries lighter sentences.
121
00:05:56,064 --> 00:05:59,567
So what makes the difference
between a successful operation
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00:05:59,609 --> 00:06:00,943
and an operation that fails?
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00:06:00,985 --> 00:06:03,237
You just got to go
out there and figure it out.
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00:06:03,278 --> 00:06:05,782
If you don't leave two o'clock,
you're gonna get caught,
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00:06:05,823 --> 00:06:07,450
because by the time
that you get to Miami,
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00:06:07,492 --> 00:06:08,743
it's gonna be daytime.
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00:06:08,785 --> 00:06:11,954
So the drone, the jet,
and the chopper
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00:06:11,996 --> 00:06:14,207
know exactly
what they're looking for.
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00:06:14,248 --> 00:06:16,709
But in the night, you can just
drop them off on the beach.
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00:06:16,751 --> 00:06:17,835
Every boat looks white.
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00:06:22,924 --> 00:06:25,510
[Paola] Despite all
their technology and manpower,
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00:06:25,551 --> 00:06:27,970
the American Coast Guard
is still struggling
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00:06:28,012 --> 00:06:30,014
to stay one step
ahead of them.
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00:06:30,056 --> 00:06:31,599
[Benjamin] It's an ongoing
cat-and-mouse game, right?
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00:06:31,641 --> 00:06:33,643
That's the nature
of criminal networks,
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00:06:33,684 --> 00:06:35,144
and that's the nature
of law enforcement.
137
00:06:35,186 --> 00:06:36,896
But many
do still get away, right?
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00:06:36,938 --> 00:06:38,689
I mean, we were there,
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00:06:38,731 --> 00:06:41,859
and we were able to talk
to some smugglers in Bimini,
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00:06:41,901 --> 00:06:43,736
who told us that they're not
only just doing it
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00:06:43,778 --> 00:06:45,905
for the money but also because
they can get away with it.
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00:06:45,947 --> 00:06:47,824
I'd love if you'd give me
those names.
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00:06:47,865 --> 00:06:49,909
-That'd be great.
-Why don't you have the names?
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00:06:49,951 --> 00:06:52,578
[person] All right, so we work
with the Bahamian authorities.
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00:06:52,620 --> 00:06:54,872
-Great.
-We can't get into
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as in depth as you're trying
to get with us...
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-[Paola] Okay.
-...because we're not
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00:06:57,750 --> 00:06:59,502
the people on land
in the Bahamas
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-[Paola] Yeah, and...
-Yeah, so...
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00:07:00,837 --> 00:07:02,964
That's fine. I'm not here
trying to catch anyone.
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00:07:03,004 --> 00:07:04,507
We're just explaining
what we saw,
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00:07:04,549 --> 00:07:05,925
and based on the ground--
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00:07:05,967 --> 00:07:07,051
[Benjamin] No, and so
to give you an answer
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00:07:07,093 --> 00:07:08,469
to that question is,
I can't speculate
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as to what's in
a smuggler's head.
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I'm gonna put my forces where
I see that there's a threat,
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00:07:12,682 --> 00:07:14,267
and we're gonna do our best
to stop them.
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What is the danger
that migrants and smugglers
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00:07:17,145 --> 00:07:20,314
are taking when they decide
to come to the United States?
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00:07:20,356 --> 00:07:22,525
[Benjamin] I've spent over half
of my career at sea.
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I know how dangerous
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the sea can be
for a professional mariner.
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It's unforgiving, and
it can change in an instant.
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00:07:27,697 --> 00:07:28,823
And the people that are loading
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00:07:28,865 --> 00:07:30,867
onto these unsafe
and unseaworthy craft
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00:07:30,908 --> 00:07:32,618
and attempting to make
those crossings
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00:07:32,660 --> 00:07:33,995
are absolutely at risk.
168
00:07:34,036 --> 00:07:36,664
But is Bimini
at all uniquely different
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00:07:36,706 --> 00:07:38,583
from other sort of routes
that smugglers are taking
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to come to the United States?
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00:07:40,126 --> 00:07:41,461
[Benjamin] I think, really,
a lot of it has to do
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00:07:41,502 --> 00:07:42,795
with that proximity piece.
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00:07:42,837 --> 00:07:44,797
And when you look
at the overall volume
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00:07:44,839 --> 00:07:47,967
of boat traffic that's crossing
the Florida Straits from Bimini
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00:07:48,009 --> 00:07:50,302
to the U.S. and back and forth,
on any given weekend,
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00:07:50,344 --> 00:07:52,221
it's easy to blend in
with that traffic,
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00:07:52,263 --> 00:07:54,682
if there were illicit actions
going on.
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00:07:56,309 --> 00:07:58,644
[Paola] Bimini is an oasis
for tourists.
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00:07:58,686 --> 00:08:01,230
On any given weekend,
fishermen and college students
180
00:08:01,272 --> 00:08:04,442
come from Miami by boat,
unknowingly providing cover
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00:08:04,484 --> 00:08:07,069
for smugglers who can slip
into the traffic pattern.
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00:08:07,110 --> 00:08:09,197
And it's even worse
on Spring Break.
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00:08:09,238 --> 00:08:11,157
[people cheering]
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00:08:11,199 --> 00:08:12,908
Why did you choose
the Bahamas specifically?
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00:08:12,950 --> 00:08:13,910
[Adam]
It's easier.
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00:08:13,951 --> 00:08:15,620
We drove to Lauderdale,
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00:08:15,661 --> 00:08:17,747
got on this boat.
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00:08:17,788 --> 00:08:21,125
The price was, like,
700 bucks to do this.
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00:08:21,167 --> 00:08:22,460
You can't complain.
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00:08:22,502 --> 00:08:24,253
[party music plays]
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00:08:24,295 --> 00:08:26,255
[Paola] Smugglers will even use
luxury yachts
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00:08:26,297 --> 00:08:27,798
to appear
like American tourists
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00:08:27,840 --> 00:08:29,300
and evade suspicion,
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00:08:29,342 --> 00:08:31,302
while hiding migrants
below deck,
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00:08:31,344 --> 00:08:34,180
and the partiers around them
have no idea
196
00:08:34,222 --> 00:08:36,724
they are helping conceal
the illicit activity.
197
00:08:36,766 --> 00:08:39,644
dramatic music
198
00:08:39,685 --> 00:08:42,188
Migrants looking for smugglers
come here from Cuba,
199
00:08:42,230 --> 00:08:44,357
the Dominican Republic,
and primarily Haiti
200
00:08:44,398 --> 00:08:46,067
to be taken to the U.S.
201
00:08:46,108 --> 00:08:48,986
While they wait for passage,
restaurants feed them,
202
00:08:49,028 --> 00:08:50,530
and some residents
are paid off
203
00:08:50,571 --> 00:08:52,198
to hide them in their homes.
204
00:08:52,240 --> 00:08:55,535
A local source told us that
there may be Haitian migrants
205
00:08:55,576 --> 00:08:58,037
in these houses
that are to my left.
206
00:08:58,079 --> 00:09:00,373
These are houses that look
completely abandoned.
207
00:09:00,414 --> 00:09:02,792
So we're assuming
that these may be houses
208
00:09:02,833 --> 00:09:06,963
where Haitians are holding
before being smuggled
209
00:09:07,004 --> 00:09:08,172
to the United States.
210
00:09:10,424 --> 00:09:11,968
In communities like this one,
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00:09:12,009 --> 00:09:14,512
finding a smuggler
to get you off the island
212
00:09:14,554 --> 00:09:17,390
is about word of mouth
and making connections.
213
00:09:19,392 --> 00:09:21,310
The Haitian residents
we spoke to
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00:09:21,352 --> 00:09:23,980
did not want to go on camera
for fear of being arrested.
215
00:09:54,969 --> 00:09:57,430
[Paola]
Accidents at sea happen
216
00:09:57,471 --> 00:09:59,432
and almost always turn
to tragedy.
217
00:09:59,473 --> 00:10:01,434
The Coast Guard tonight
has launched a search
218
00:10:01,475 --> 00:10:04,186
for 39 people reported missing
after a boat
219
00:10:04,228 --> 00:10:07,607
believed to be piloted
by human smugglers capsized.
220
00:10:07,648 --> 00:10:10,443
[Paola] Just last month,
another boat bound for Miami
221
00:10:10,484 --> 00:10:13,946
from the Bahamas sank,
killing 16 Haitian adults
222
00:10:13,988 --> 00:10:15,531
and one child.
223
00:10:15,573 --> 00:10:19,952
The time is never right
to attempt migration by sea.
224
00:10:19,994 --> 00:10:23,122
To those who risk their lives
doing so,
225
00:10:23,164 --> 00:10:25,625
this risk is not worth taking.
226
00:10:25,666 --> 00:10:27,043
[Paola] Last summer
227
00:10:27,084 --> 00:10:28,210
Homeland Security Director
228
00:10:28,252 --> 00:10:29,462
Alejandro Mayorkas
229
00:10:29,503 --> 00:10:31,130
warned migrants
against the risk
230
00:10:31,172 --> 00:10:33,591
of attempting the journey.
231
00:10:33,633 --> 00:10:35,801
But the number of migrants
intercepted at sea
232
00:10:35,843 --> 00:10:37,970
has continued to grow.
233
00:10:38,012 --> 00:10:40,848
[person]
speaking Haitian Creole
234
00:11:01,494 --> 00:11:03,287
[Paola]
In the past three years,
235
00:11:03,329 --> 00:11:05,164
half of this
Haitian church's congregation
236
00:11:05,206 --> 00:11:08,668
has left and attempted
the journey by sea.
237
00:11:08,709 --> 00:11:11,587
Wilcum Derilus fled Haiti
238
00:11:11,629 --> 00:11:13,422
and has witnessed
their desperation firsthand.
239
00:11:13,464 --> 00:11:15,716
[Wilcum]
speaking Haitian Creole
240
00:11:27,395 --> 00:11:30,815
Do you personally know anyone
that has drowned or died
241
00:11:30,856 --> 00:11:32,692
attempting to reach
the United States?
242
00:11:32,733 --> 00:11:34,985
[Wilcum] Yes.
243
00:11:35,027 --> 00:11:36,153
-My best friend.
-[Paola] Mm.
244
00:11:36,195 --> 00:11:37,196
Yeah.
245
00:11:37,238 --> 00:11:40,157
speaking Haitian Creole
246
00:11:55,256 --> 00:11:57,216
[Paola] With hundreds
of thousands of dollars
247
00:11:57,258 --> 00:11:58,384
on the table,
248
00:11:58,426 --> 00:12:00,845
smugglers have no reason
to stop.
249
00:12:00,886 --> 00:12:02,930
Before you take these trips
to the United States,
250
00:12:02,972 --> 00:12:04,598
do you warn migrants
about the risk
251
00:12:04,640 --> 00:12:05,641
that they're about to take?
252
00:12:05,683 --> 00:12:06,767
[smuggler] I don't warn them.
253
00:12:06,809 --> 00:12:08,728
I just asked them,
could they swim?
254
00:12:08,769 --> 00:12:10,896
And if they say no,
I'm not carrying them.
255
00:12:10,938 --> 00:12:12,732
I don't do kids and teenagers.
256
00:12:12,773 --> 00:12:14,150
Because you're scared
when you take those trips--
257
00:12:14,191 --> 00:12:15,568
[smuggler]
I'm not scared.
258
00:12:15,609 --> 00:12:17,319
If you fall overboard
and drown, that's on you.
259
00:12:17,361 --> 00:12:19,238
You already know the risks
of coming.
260
00:12:19,280 --> 00:12:21,407
You know the risks
of getting in this boat.
261
00:12:21,449 --> 00:12:24,493
Everybody's heard some, like,
really fucked-up story
262
00:12:24,535 --> 00:12:26,871
about somebody dying,
263
00:12:26,912 --> 00:12:29,749
the boat flipped over,
et cetera.
264
00:12:29,790 --> 00:12:32,418
But you still want
to go, right?
265
00:12:32,460 --> 00:12:35,713
So accept the fact that that
shit can happen to you, too.
266
00:12:35,755 --> 00:12:38,883
So, so long as you get
a profit from migrants,
267
00:12:38,924 --> 00:12:40,426
you'll keep on trying to make
that journey?
268
00:12:40,468 --> 00:12:42,178
[smuggler]
Exactly.
269
00:12:42,219 --> 00:12:44,388
As long as you get the money,
you do what you got to do.
270
00:12:44,430 --> 00:12:47,266
dramatic music
271
00:12:50,352 --> 00:12:53,439
[birds chirping]
272
00:12:53,481 --> 00:12:56,442
somber music
273
00:13:06,202 --> 00:13:07,995
[sighs]
274
00:13:08,037 --> 00:13:10,456
I'm gonna miss you
so much, 'Donte
275
00:13:13,209 --> 00:13:14,919
It makes me angry
all over again
276
00:13:14,960 --> 00:13:17,421
just thinking about it.
277
00:13:17,463 --> 00:13:19,465
They just don't give a damn
about our life,
278
00:13:19,507 --> 00:13:23,302
just killing us
like it ain't shit
279
00:13:23,344 --> 00:13:25,554
and getting away with it.
280
00:13:25,596 --> 00:13:27,306
officer] Isn't that the car?
281
00:13:27,348 --> 00:13:29,892
[Dexter] Seven years ago,
A'Donte Washington
282
00:13:29,934 --> 00:13:33,103
and a group of four other boys
entered an empty house
283
00:13:33,145 --> 00:13:36,315
in a predominantly white
suburb in Alabama.
284
00:13:36,357 --> 00:13:37,650
They were stealing things,
285
00:13:37,691 --> 00:13:40,152
like TVs and Xbox games.
286
00:13:40,194 --> 00:13:43,572
Police arrived,
and one entered the house.
287
00:13:43,614 --> 00:13:44,490
Shots were fired...
288
00:13:44,532 --> 00:13:45,991
[gunshot]
289
00:13:46,033 --> 00:13:47,493
...including, police say,
by A'Donte.
290
00:13:47,535 --> 00:13:48,994
[gunshots]
291
00:13:49,036 --> 00:13:50,996
A'Donte ran
into the backyard,
292
00:13:51,038 --> 00:13:53,707
where he was shot and killed
by an officer.
293
00:13:56,210 --> 00:13:59,046
The police officer was cleared
of any wrongdoing
294
00:13:59,088 --> 00:14:00,673
and was never charged.
295
00:14:00,714 --> 00:14:04,426
Instead, murder charges fell
on each of the boys.
296
00:14:04,468 --> 00:14:07,847
Now, this is all because
of a rule called felony murder,
297
00:14:07,888 --> 00:14:09,223
which says
that if somebody dies
298
00:14:09,265 --> 00:14:11,100
while a felony
is being committed,
299
00:14:11,141 --> 00:14:12,768
then everybody who was involved
in that crime
300
00:14:12,810 --> 00:14:14,562
can be held responsible.
301
00:14:14,603 --> 00:14:18,148
Most murder charges require
proof of intent or malice,
302
00:14:18,190 --> 00:14:20,943
but felony murder radically
expands that definition
303
00:14:20,985 --> 00:14:23,445
so that if a qualifying felony
takes place,
304
00:14:23,487 --> 00:14:25,447
you can be charged
even if the death
305
00:14:25,489 --> 00:14:27,324
is caused by a third party.
306
00:14:27,366 --> 00:14:29,159
And since it falls
under the umbrella
307
00:14:29,201 --> 00:14:30,870
of the traditional definition
of murder
308
00:14:30,911 --> 00:14:32,329
the sentence in most states
309
00:14:32,371 --> 00:14:34,039
can go up to life
without parole,
310
00:14:34,081 --> 00:14:35,499
a similar punishment
311
00:14:35,541 --> 00:14:37,668
to if you'd pulled
the trigger yourself.
312
00:14:37,710 --> 00:14:39,128
And so, across the country,
313
00:14:39,169 --> 00:14:41,338
people who never committed
a homicide
314
00:14:41,380 --> 00:14:43,465
are being sentenced
as murderers.
315
00:14:43,507 --> 00:14:45,676
Last month six teenagers
allegedly tried
316
00:14:45,718 --> 00:14:47,052
to break into a car.
317
00:14:47,094 --> 00:14:49,221
The owner shot and killed
one of them.
318
00:14:49,263 --> 00:14:51,640
The five other teens
were all charged
319
00:14:51,682 --> 00:14:53,058
with the boy's murder.
320
00:14:53,100 --> 00:14:54,393
[reporter]
Tonight Madison police
321
00:14:54,435 --> 00:14:56,020
are searching
for two suspects
322
00:14:56,061 --> 00:14:57,521
at the center
of an armed robbery.
323
00:14:57,563 --> 00:15:01,025
The victim was literally
scared to death.
324
00:15:01,066 --> 00:15:03,319
[reporter] Those actions
now have Madison PD
325
00:15:03,360 --> 00:15:05,738
calling
for felony murder charges.
326
00:15:05,779 --> 00:15:08,490
[Dexter] The concept or charge
of felony murder
327
00:15:08,532 --> 00:15:10,910
is as old
as the country itself.
328
00:15:10,951 --> 00:15:13,287
And of the 48 states
with felony murder laws
329
00:15:13,329 --> 00:15:16,540
on the books, in 13 of them,
you can be charged
330
00:15:16,582 --> 00:15:19,543
even if it's the cops
that kill someone.
331
00:15:19,585 --> 00:15:21,754
That's what happened
to LaKeith Smith.
332
00:15:21,795 --> 00:15:24,882
[scissors snipping]
333
00:15:24,924 --> 00:15:26,717
[BronTina]
I'm gonna make a shirt.
334
00:15:26,759 --> 00:15:30,095
I'm gonna place a picture
of my son LaKeith on the shirt.
335
00:15:30,137 --> 00:15:31,764
It will look like that.
336
00:15:31,805 --> 00:15:33,515
[Dexter] LaKeith Smith
was the youngest of the boys
337
00:15:33,557 --> 00:15:34,767
who was in the house that day
338
00:15:34,808 --> 00:15:36,685
when A'Donte Washington
was killed
339
00:15:36,727 --> 00:15:38,395
He was 15 at the time,
340
00:15:38,437 --> 00:15:41,398
and he was sentenced
to 65 years.
341
00:15:41,440 --> 00:15:42,775
If he serves
his full sentence,
342
00:15:42,816 --> 00:15:44,234
how old would he be
when he gets out?
343
00:15:44,276 --> 00:15:46,236
Old.
344
00:15:46,278 --> 00:15:48,364
And I'd be dead.
345
00:15:48,405 --> 00:15:51,367
My mom would be dead.
My dad'd be dead.
346
00:15:51,408 --> 00:15:55,120
Like, most of them
that he knows as family
347
00:15:55,162 --> 00:15:57,039
would be dead.
348
00:15:57,081 --> 00:16:00,793
So, even to come home at 73,
what is he coming home to?
349
00:16:00,834 --> 00:16:03,671
What did you think was an
appropriate punishment for him?
350
00:16:03,712 --> 00:16:05,422
Burglary.
351
00:16:05,464 --> 00:16:07,549
And I think it was, like,
three to ten
352
00:16:07,591 --> 00:16:08,926
or something like that,
I think it is.
353
00:16:08,968 --> 00:16:12,596
If this crime says
that you get three years,
354
00:16:12,638 --> 00:16:15,099
then, damn it,
you gonna get them three years.
355
00:16:15,140 --> 00:16:18,894
And he ended up getting 65
and then down to 55 years.
356
00:16:18,936 --> 00:16:21,480
Right, only because
they're able to throw
357
00:16:21,522 --> 00:16:23,190
that murder in there.
358
00:16:23,232 --> 00:16:26,068
Sentencings are under way
in Elmore County
359
00:16:26,110 --> 00:16:28,445
for the defendants
in the felony murder cases.
360
00:16:28,487 --> 00:16:30,322
[Dexter] LaKeith,
who had charges pending
361
00:16:30,364 --> 00:16:31,991
from a previous case,
362
00:16:32,032 --> 00:16:34,742
was the only one of the boys
to plead not guilty.
363
00:16:34,785 --> 00:16:36,787
He went to trial before
an all-white jury,
364
00:16:36,828 --> 00:16:38,664
and he lost.
365
00:16:38,706 --> 00:16:39,748
[Dexter]
What was the plea deal?
366
00:16:39,789 --> 00:16:41,583
-What were they offering?
-Like, 25.
367
00:16:41,625 --> 00:16:43,335
Yeah, I think it was, like,
25 years.
368
00:16:43,376 --> 00:16:45,837
-What did he tell you?
-He's just not gonna do it.
369
00:16:45,879 --> 00:16:47,964
It wasn't really, say,
about the time.
370
00:16:48,007 --> 00:16:49,674
It was about the fact that now
you want me to say
371
00:16:49,717 --> 00:16:51,802
I killed my friend out there.
372
00:16:51,844 --> 00:16:54,471
He was shot and killed
by a police officer.
373
00:16:54,512 --> 00:16:56,640
-It was a principle thing?
-Yeah.
374
00:16:56,682 --> 00:17:00,602
I always told LaKeith
about the system,
375
00:17:00,644 --> 00:17:03,147
'cause we have people in it.
376
00:17:03,188 --> 00:17:05,190
Once they get
their hands on you,
377
00:17:05,232 --> 00:17:07,484
there's nothing I can do
or say,
378
00:17:07,526 --> 00:17:09,194
nothing I can do or say.
379
00:17:10,654 --> 00:17:12,740
[Leroy]
When you take a case like this
380
00:17:12,781 --> 00:17:15,159
in a hotly conservative state,
381
00:17:15,200 --> 00:17:17,661
a law-and-order county,
382
00:17:17,703 --> 00:17:21,165
you end up with essentially
a death sentence.
383
00:17:21,206 --> 00:17:22,833
[Dexter]
Leroy Maxwell is a lawyer
384
00:17:22,875 --> 00:17:25,544
who's now working
on LaKeith Smith's case.
385
00:17:25,586 --> 00:17:28,130
He says it's not just
the length the sentence is.
386
00:17:28,172 --> 00:17:30,966
It's also the sort of people
that felony murder charges
387
00:17:31,008 --> 00:17:32,342
tend to target.
388
00:17:32,384 --> 00:17:34,136
Most jurisdictions
don't track data
389
00:17:34,178 --> 00:17:36,388
on how felony murder is used.
390
00:17:36,430 --> 00:17:38,766
But there have been
independent studies
391
00:17:38,807 --> 00:17:41,101
that track convictions,
sentencing,
392
00:17:41,143 --> 00:17:42,895
and actual imprisonment,
393
00:17:42,936 --> 00:17:45,272
and they all show
that felony murder
394
00:17:45,314 --> 00:17:48,567
is overwhelmingly applied
to non-white people.
395
00:17:48,609 --> 00:17:50,569
It's the perfect
396
00:17:50,611 --> 00:17:53,155
prosecutorial tool
397
00:17:53,197 --> 00:17:56,658
to sweep as many folks up
as possible
398
00:17:56,700 --> 00:17:59,411
and brand them as murderers.
399
00:17:59,453 --> 00:18:01,413
Were you surprised
when you heard the verdict?
400
00:18:01,455 --> 00:18:04,166
[Leroy] I was not surprised
of the verdict.
401
00:18:04,208 --> 00:18:07,336
I was surprised
by the sentencing.
402
00:18:07,377 --> 00:18:09,463
Why does a sentence happen
like that?
403
00:18:09,505 --> 00:18:12,382
Alabama is a state
404
00:18:12,424 --> 00:18:15,511
where our elected officials
405
00:18:15,552 --> 00:18:19,973
are put on a pedestal
if they're tougher on crime.
406
00:18:20,015 --> 00:18:23,560
If the players involved
are police
407
00:18:23,602 --> 00:18:25,187
versus young Black men,
408
00:18:25,229 --> 00:18:28,774
we sort of know where
the dominoes are gonna fall.
409
00:18:28,816 --> 00:18:30,984
[Dexter]
Over the past few years
410
00:18:31,026 --> 00:18:34,029
the racially biased trends
and extreme sentencing
411
00:18:34,071 --> 00:18:36,156
associated with felony murder
have motivated
412
00:18:36,198 --> 00:18:37,574
at least seven states
413
00:18:37,616 --> 00:18:38,742
to attempt to change all
414
00:18:38,784 --> 00:18:39,785
or parts of
415
00:18:39,827 --> 00:18:41,036
felony murder laws.
416
00:18:41,078 --> 00:18:42,412
But the opposition to those
417
00:18:42,454 --> 00:18:44,206
changes has been strong.
418
00:18:44,248 --> 00:18:46,959
That's partially
because state prosecutors
419
00:18:47,000 --> 00:18:48,961
aren't interested
420
00:18:49,002 --> 00:18:51,588
in having one of their most
powerful tools taken away.
421
00:18:51,630 --> 00:18:54,299
[Eric] Is it an easier theory
of liability to prove
422
00:18:54,341 --> 00:18:56,218
than, for example,
normal murder?
423
00:18:56,260 --> 00:18:58,303
100%,
because all you have to do
424
00:18:58,345 --> 00:19:00,806
is prove the underlying felony.
425
00:19:00,848 --> 00:19:03,433
Did they intend to commit
a robbery?
426
00:19:03,475 --> 00:19:06,603
[Dexter] Eric Siddall is
a prosecutor in Los Angeles,
427
00:19:06,645 --> 00:19:08,772
and things have recently
changed here.
428
00:19:08,814 --> 00:19:12,359
In 2018 California amended
their felony murder laws
429
00:19:12,401 --> 00:19:14,236
This restricted the kinds
of offenses
430
00:19:14,278 --> 00:19:16,280
that were eligible
for the charge
431
00:19:16,321 --> 00:19:18,740
and allowed hundreds of people
who'd recently been imprisoned
432
00:19:18,782 --> 00:19:20,909
for felony murder
to petition the courts
433
00:19:20,951 --> 00:19:23,036
for relief
or reduced sentences.
434
00:19:23,078 --> 00:19:25,122
Eric and a lot
of his colleagues
435
00:19:25,164 --> 00:19:27,416
say that this was a bad idea.
436
00:19:27,457 --> 00:19:29,001
What is the argument
437
00:19:29,042 --> 00:19:31,962
for keeping felony murder laws
on the books?
438
00:19:32,004 --> 00:19:34,214
The argument is that you want
to hold people accountable
439
00:19:34,256 --> 00:19:36,466
for the consequences
of their actions.
440
00:19:36,508 --> 00:19:40,429
Not every crime ends
with the intended crime.
441
00:19:40,470 --> 00:19:42,556
There are certain times
where an intended crime
442
00:19:42,598 --> 00:19:45,142
leads to other
horrible results.
443
00:19:45,184 --> 00:19:48,228
I think the most noteworthy
case is in the Arbery case.
444
00:19:48,270 --> 00:19:51,356
[Dexter]
In February of 2020,
445
00:19:51,398 --> 00:19:53,692
Ahmaud Arbery was jogging
in his neighborhood
446
00:19:53,734 --> 00:19:55,903
when he was attacked
by three white men.
447
00:19:55,944 --> 00:19:57,738
[gunshot]
448
00:19:57,779 --> 00:20:00,282
Only one of those men fired
the shot that killed him,
449
00:20:00,324 --> 00:20:02,701
but because of Georgia's
felony murder law,
450
00:20:02,743 --> 00:20:06,330
the other two men were also
given similar sentences
451
00:20:06,371 --> 00:20:08,498
They're now looking
at life in prison.
452
00:20:08,540 --> 00:20:10,709
[crowd cheering]
453
00:20:10,751 --> 00:20:13,712
I never thought
this day would come.
454
00:20:13,754 --> 00:20:14,713
But God is good.
455
00:20:14,755 --> 00:20:15,839
[person] Amen.
456
00:20:15,881 --> 00:20:17,633
[Dexter]
The sense of justice
457
00:20:17,674 --> 00:20:20,719
that a lot of people felt
at that verdict was real.
458
00:20:20,761 --> 00:20:23,513
So, for a lot of prosecutors,
459
00:20:23,555 --> 00:20:26,225
this verdict is
the success story to point to
460
00:20:26,266 --> 00:20:28,977
to argue that felony murder
needs to stay.
461
00:20:29,019 --> 00:20:31,230
And Eric says
that if the Arbery case
462
00:20:31,271 --> 00:20:32,689
had happened in California,
463
00:20:32,731 --> 00:20:34,983
that punishment
would have been different.
464
00:20:35,025 --> 00:20:37,736
They would have been charged
with simple false imprisonment.
465
00:20:37,778 --> 00:20:39,613
They would be looking
at a maximum sentence
466
00:20:39,655 --> 00:20:41,073
of three years,
467
00:20:41,114 --> 00:20:44,534
and they would only serve
about 50% of that.
468
00:20:44,576 --> 00:20:48,205
-So out in a year and a half.
-Right.
469
00:20:48,247 --> 00:20:51,917
I think people
would be extremely indignant
470
00:20:51,959 --> 00:20:53,460
and offended by that.
471
00:20:53,502 --> 00:20:55,754
If we want to reform
felony murder,
472
00:20:55,796 --> 00:20:58,966
the reform should not be
about abolishing the doctrine.
473
00:20:59,007 --> 00:21:01,176
You want your sentences
to be proportional.
474
00:21:01,218 --> 00:21:02,761
Keep the doctrine
475
00:21:02,803 --> 00:21:05,973
and then make sure that
it's administered properly.
476
00:21:06,014 --> 00:21:07,766
[Dexter]
But even if states change
477
00:21:07,808 --> 00:21:09,601
the length of sentences,
478
00:21:09,643 --> 00:21:11,853
that wouldn't change
the pattern of people
479
00:21:11,895 --> 00:21:14,940
who are usually targeted
with felony murder charges.
480
00:21:14,982 --> 00:21:17,401
Leroy Maxwell
says that pattern
481
00:21:17,442 --> 00:21:20,195
is something deeply embedded
in the system.
482
00:21:20,237 --> 00:21:23,615
[Leroy] LaKeith Smith was
sentenced to die in prison,
483
00:21:23,657 --> 00:21:27,411
and it came down
to a societal issue
484
00:21:27,452 --> 00:21:30,455
that we see when it comes
to race and sentencing.
485
00:21:30,497 --> 00:21:33,792
There's more to this
than just guilt and innocence.
486
00:21:33,834 --> 00:21:35,711
There's so much at play
487
00:21:35,752 --> 00:21:38,964
that started 1,000 years
before that,
488
00:21:39,006 --> 00:21:43,427
from slavery to Black codes
to Jim Crow to over-sentencing,
489
00:21:43,468 --> 00:21:44,636
the War on Drugs,
490
00:21:44,678 --> 00:21:48,098
the demonization
of Black, young men.
491
00:21:48,140 --> 00:21:49,850
I imagine for LaKeith,
492
00:21:49,891 --> 00:21:53,103
that entire burden came down
on him in that moment,
493
00:21:53,145 --> 00:21:54,813
and he realized
that this isn't just
494
00:21:54,855 --> 00:21:56,690
about whether I pulled
the trigger or not.
495
00:21:56,732 --> 00:21:59,359
There's so much more to it.
496
00:21:59,401 --> 00:22:02,112
tense music
497
00:22:02,154 --> 00:22:03,739
[Dexter] Since I've been here
in Alabama,
498
00:22:03,780 --> 00:22:05,615
the one person I haven't
been able to speak with
499
00:22:05,657 --> 00:22:07,659
is LaKeith Smith himself.
500
00:22:07,701 --> 00:22:09,494
So he's locked up in there.
501
00:22:09,536 --> 00:22:11,246
And the state intends
to keep him locked up
502
00:22:11,288 --> 00:22:13,040
until he's 70 years old.
503
00:22:13,081 --> 00:22:15,125
We have put in requests
to film an interview with him.
504
00:22:15,167 --> 00:22:16,543
The warden said no.
505
00:22:16,585 --> 00:22:18,170
The Department of Corrections
hasn't responded
506
00:22:18,211 --> 00:22:19,463
to our requests.
507
00:22:19,504 --> 00:22:22,007
So the only thing left
is a phone call.
508
00:22:23,550 --> 00:22:25,010
Hey, LaKeith, can you hear me?
509
00:22:26,803 --> 00:22:27,971
When the police tell you
510
00:22:28,013 --> 00:22:29,848
that you're gonna be held
responsible
511
00:22:29,890 --> 00:22:31,767
for the death of A'Donte,
512
00:22:31,808 --> 00:22:33,101
what was going
through your mind?
513
00:22:44,488 --> 00:22:46,531
When they handed down
that sentence,
514
00:22:46,573 --> 00:22:48,408
what was going through
your mind?
515
00:22:50,035 --> 00:22:51,870
You were laughing.
Why is that?
516
00:22:59,086 --> 00:23:01,380
Is there anything that you
would want to say to A'Donte?
517
00:23:06,551 --> 00:23:07,594
Sorry? Why is that?
518
00:23:12,307 --> 00:23:14,851
[indistinct chatter,
person laughing]
519
00:23:14,893 --> 00:23:17,145
'Donte, you got your
whole family here with you.
520
00:23:17,187 --> 00:23:20,273
[indistinct chatter]
521
00:23:20,315 --> 00:23:22,150
[Dexter] Do you blame LaKeith
for your son's death?
522
00:23:22,192 --> 00:23:23,735
[Vernice] No.
523
00:23:23,777 --> 00:23:26,238
He asked me, did I blame him?
And he kept apologizing.
524
00:23:26,279 --> 00:23:29,491
I told him,
"No, I don't blame you at all,
525
00:23:29,533 --> 00:23:31,326
"'cause you ain't the one
that killed him.
526
00:23:31,368 --> 00:23:33,161
"And I don't think
you should be in there
527
00:23:33,203 --> 00:23:35,414
"for my baby murder, when you
not the one that killed him."
528
00:23:35,455 --> 00:23:38,500
You want LaKeith
to come home.
529
00:23:38,542 --> 00:23:40,919
I feel like he shouldn't do
another day,
530
00:23:40,961 --> 00:23:43,422
-and he needs to come home.
-[Dexter] Right.
531
00:23:43,463 --> 00:23:46,758
LaKeith Smith filed
an appeal in 2018.
532
00:23:46,800 --> 00:23:48,885
That was denied.
533
00:23:48,927 --> 00:23:50,929
His new attorney has filed
another petition
534
00:23:50,971 --> 00:23:52,347
for a retrial.
535
00:23:52,389 --> 00:23:53,723
But there's no guarantee
536
00:23:53,765 --> 00:23:56,017
that that one
will go through either.
537
00:23:56,059 --> 00:23:58,937
Still,
his family hasn't given up.
538
00:24:00,647 --> 00:24:01,648
[BronTina]
Everybody outside?
539
00:24:01,690 --> 00:24:04,151
[Dexter]
This is the eighth year
540
00:24:04,192 --> 00:24:06,027
that LaKeith's mom
is celebrating his birthday
541
00:24:06,069 --> 00:24:07,154
without him.
542
00:24:07,195 --> 00:24:10,115
But this year she's not alone.
543
00:24:10,157 --> 00:24:12,242
LaKeith's case
has also gotten support
544
00:24:12,284 --> 00:24:15,454
of the family members
of Breonna Taylor,
545
00:24:15,495 --> 00:24:19,332
Jacob Blake, and George Floyd.
546
00:24:19,374 --> 00:24:21,418
[BronTina]
I appreciate all the love, man.
547
00:24:21,460 --> 00:24:23,670
Listen, we gonna get
these babies some justice.
548
00:24:23,712 --> 00:24:25,547
-That's right.
-From A'Donte to LaKeith.
549
00:24:25,589 --> 00:24:28,508
But God gave my boy a heart
to say,
550
00:24:28,550 --> 00:24:30,469
"No, I'm not gonna take
this plea.
551
00:24:30,510 --> 00:24:32,471
I'm not gonna take this deal."
552
00:24:32,512 --> 00:24:34,723
We gonna fight this thing.
We gonna fight it.
553
00:24:34,764 --> 00:24:36,558
It may not be
your child today.
554
00:24:36,600 --> 00:24:37,934
-Whoo.
-[person] Yes, Lord.
555
00:24:37,976 --> 00:24:39,728
It may not be
your nephew today,
556
00:24:39,769 --> 00:24:42,898
your daughter today,
your homegirl time today,
557
00:24:42,939 --> 00:24:44,941
but tomorrow
it could very well be.
558
00:24:44,983 --> 00:24:46,401
[person]
That's right. That's right.
559
00:24:46,443 --> 00:24:49,321
dramatic music
55699
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