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In the criminal justice system,
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the people are represented
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by two separate,
yet equally important groups:
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the police, who investigate crime,
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00:00:17,060 --> 00:00:20,020
and the district attorneys,
who prosecute the offenders.
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These are their stories.
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Hey.
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DOA was James Pell, 25.
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He was a law student at Hudson.
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Time of death?
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Based on body temp,
I'd give it a two-hour window
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between 5:00 and 7:00 a.m.
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Cause of death?
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Best guess is, he was
struck with a blunt object.
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Techs haven't found the murder
weapon, but take your pick.
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Get a dive crew down here.
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Have them search around the docks.
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Who's got his cell phone?
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He didn't have one on him.
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00:01:26,912 --> 00:01:29,567
Well, this had to be
connected to something.
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It could be that the killer
tried to take his phone.
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DOA puts up a fight, ends up a floater.
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Who found the guy?
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Maintenance worker. Name's Larry Brand.
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I showed up to do repairs
on the dock at 7:30.
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Dead guy was floating right next to it.
I called 911 right away.
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- You recognize him?
- Nope.
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All these Hudson kids
look the same to me.
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Did you see anything unusual
when you got here?
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Yeah. A dead guy.
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Nothing else.
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Yeah, well, if you remember
anything else, give us a call.
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Had a lot going for him...
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Handsome, athletic, the best
law school in the country.
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Who would want to kill a guy like that?
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Today? Pretty much anybody.
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- Synced and corrected by synk -
- www.addic7ed.com -
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Well, the boathouse cams were useless.
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Paint crew moved them during repairs.
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Dive crew struck out too.
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Didn't come up with a phone
or a murder weapon.
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Did you reach the parents in Ohio?
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Yeah, I just spoke with them.
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Told me how proud they were
their son had made it
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all the way to Hudson.
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It was his ambition since high school.
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Did they know if anything
unusual had been going on?
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They said they didn't speak
with him much.
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Said he was super focused,
dropped ties with everyone
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from his hometown
once he started law school.
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Tale as old as time.
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Someone just turned on Pell's phone.
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I've got a location.
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I'll get a warrant.
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Hello, ma'am.
We're investigating a homicide.
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We have a warrant
to search this apartment
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for the victim's cell phone.
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Do I look like I killed
someone and took their phone?
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00:03:50,752 --> 00:03:53,755
No, ma'am. But we still need to come in.
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00:03:53,798 --> 00:03:58,696
Sebastian, you know anything
about a missing cell phone?
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Police!
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Clear.
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00:04:19,955 --> 00:04:21,826
NYPD!
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00:04:21,870 --> 00:04:23,437
Police!
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Hey, Sebastian.
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I know you're in here.
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Let's do this the easy way, huh?
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Stay down. Give me your hands.
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00:04:59,647 --> 00:05:01,823
I see you chose the easy way.
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00:05:05,566 --> 00:05:07,916
Like I keep saying,
I didn't do anything wrong.
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Then why'd you run?
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- I was scared.
- Of what?
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The police.
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You're scared of the police?
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You know what it's like.
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00:05:23,888 --> 00:05:25,586
And you don't think
it had anything to do
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00:05:25,629 --> 00:05:27,152
with all those
stolen cell phones you had?
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00:05:27,196 --> 00:05:29,111
To be honest, we don't
care about the phones.
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We care about murders.
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We're homicide detectives.
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What are you talking about?
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One of the phones we
recovered from your backpack
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belongs to a guy we found
floating in the river
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up by Hudson University.
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00:05:39,513 --> 00:05:41,079
I got nothing to do with that.
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00:05:41,123 --> 00:05:42,864
Where were you this morning
between 5:00 and 7:00 a.m.?
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00:05:43,821 --> 00:05:45,997
At home sleeping.
You can ask my grandma.
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00:05:46,041 --> 00:05:48,522
You're gonna have to do
a lot better than that, bro.
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00:05:48,565 --> 00:05:50,175
I had a girl with me... Denise.
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She lives on the sixth floor.
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00:05:51,916 --> 00:05:54,615
Okay, well, I'm gonna need
Denise's full name,
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her phone number, and for your sake,
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she better have been there.
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Write.
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00:06:02,187 --> 00:06:04,233
Where'd you get all those stolen phones?
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00:06:04,276 --> 00:06:06,496
- You steal them?
- No.
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00:06:06,540 --> 00:06:08,846
I buy them off some dude over at Hudson.
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Works at the boathouse down the river.
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This the guy?
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00:06:18,116 --> 00:06:19,901
Yeah.
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His name is Larry.
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Looks like the kid
was telling the truth.
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His girlfriend, Denise,
backed his alibi.
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00:06:32,914 --> 00:06:35,482
What about Larry Brand?
We check his alibi?
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00:06:35,525 --> 00:06:38,441
Yeah, he was on the BX19 bus,
got off at 7:30.
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- Video confirms that.
- Okay.
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So he's not the killer, but he just
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steals stuff from dead guys.
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Hey, any luck on getting info
off of Pell's phone?
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He really cares about security.
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00:06:48,930 --> 00:06:50,453
There are multiple firewalls.
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Well, that's odd.
I mean, for a law student.
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- Anything else?
- Yeah.
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I just got access to the keycard records
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at the boathouse.
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Pell swiped in at 5:00, but he
wasn't the first one there.
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This is Jordan Tyler.
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He swiped in 20 minutes before Pell.
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Looks like a choirboy.
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00:07:05,294 --> 00:07:07,252
He is, literally.
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00:07:09,951 --> 00:07:11,474
I didn't see James this morning.
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I was on the water before he got there,
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and I left before he came back.
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00:07:14,869 --> 00:07:16,479
You seem pretty sure about that.
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It's not a coincidence.
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He rode at the same time every morning,
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and I did my best to avoid him.
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00:07:22,006 --> 00:07:23,181
Why's that?
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00:07:23,225 --> 00:07:26,620
I don't like to speak ill of the dead,
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00:07:26,663 --> 00:07:29,100
but James wasn't someone
I wanted to associate with.
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How come?
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We used to train together,
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but there was something off about him.
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Off? Off how?
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00:07:37,326 --> 00:07:38,545
The first sign was,
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he'd put all his rowing times
on social media.
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00:07:40,677 --> 00:07:43,419
And for some reason,
he felt the need to lie
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and make them better than they were.
139
00:07:45,552 --> 00:07:49,294
One day he showed me some photos.
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00:07:49,338 --> 00:07:52,341
They were intimate pictures of a woman
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00:07:52,384 --> 00:07:53,647
who had broken up with him.
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He said he was going
to post them online.
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00:07:55,823 --> 00:07:57,346
Revenge porn.
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00:07:57,389 --> 00:07:59,000
Do you know this woman's name?
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00:07:59,043 --> 00:08:00,392
April.
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00:08:02,046 --> 00:08:05,267
I don't know her last name,
but she works at the bar.
147
00:08:08,966 --> 00:08:10,664
Excuse me. April Parks?
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00:08:10,707 --> 00:08:12,535
We'd like to talk to you
about James Pell.
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00:08:12,579 --> 00:08:14,494
- I've got nothing to say.
- Wait. Hold on a second.
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00:08:14,537 --> 00:08:16,234
I just want to ask a few questions.
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00:08:16,278 --> 00:08:18,236
I told you, I've got nothing to say.
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Which means you got a lot to say.
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You're right. I do.
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I hate that son of a bitch.
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00:08:25,200 --> 00:08:28,246
Is that why you, uh,
you broke into his apartment
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00:08:28,290 --> 00:08:30,074
the other night?
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00:08:30,118 --> 00:08:31,380
We read the police report.
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There a problem here?
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00:08:32,729 --> 00:08:33,798
Yeah.
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00:08:33,823 --> 00:08:35,738
You margaritas are too sweet.
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00:08:36,951 --> 00:08:37,995
You're right.
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00:08:38,039 --> 00:08:39,736
I tried to break into his apartment.
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00:08:39,780 --> 00:08:42,304
Like I told the cops who arrested me,
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he had naked photos of me on his laptop.
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00:08:45,307 --> 00:08:47,962
I... I wanted to delete them.
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Can you tell us what you
were doing this morning?
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00:08:49,964 --> 00:08:52,053
Why?
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00:08:52,096 --> 00:08:54,229
What's this all about?
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00:08:54,272 --> 00:08:55,839
James is dead.
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Someone killed him.
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00:08:58,973 --> 00:09:00,540
Where were you this morning around 6:00?
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00:09:01,845 --> 00:09:04,195
Sleeping.
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00:09:04,239 --> 00:09:07,198
- You can ask my roommates.
- Yeah, we will.
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00:09:07,242 --> 00:09:09,244
How long were you and James together?
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00:09:09,287 --> 00:09:10,724
Two months.
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00:09:10,767 --> 00:09:12,595
During that time,
did you hear about anybody else
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00:09:12,639 --> 00:09:14,815
who might hate James as much as you did?
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00:09:17,121 --> 00:09:21,604
April Park says that
you got into a little scuffle
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00:09:21,648 --> 00:09:24,738
with James Pell a month ago.
180
00:09:24,781 --> 00:09:26,740
By which you mean
I tried to shove his face
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00:09:26,783 --> 00:09:29,133
through a plate glass window?
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00:09:29,177 --> 00:09:32,180
Well, now that he's dead,
can't press charges, right?
183
00:09:32,223 --> 00:09:33,442
Wow, that's cold-blooded...
184
00:09:33,485 --> 00:09:35,009
Cracking jokes about a dead guy.
185
00:09:35,052 --> 00:09:36,401
It's karma, man.
186
00:09:37,881 --> 00:09:40,492
Why don't you have a seat
and tell us why
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00:09:40,536 --> 00:09:43,495
you tried to shove Pell's head
through a window?
188
00:09:43,539 --> 00:09:45,236
Because he was named editor-in-chief
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of the "Law Review."
190
00:09:46,542 --> 00:09:48,457
- And that made you angry?
- Yeah.
191
00:09:48,500 --> 00:09:50,154
'Cause he didn't deserve it.
192
00:09:50,198 --> 00:09:52,461
- Says who?
- Says me.
193
00:09:52,504 --> 00:09:53,767
He stole that vote.
194
00:09:53,810 --> 00:09:55,638
He manipulated the outgoing editors.
195
00:09:55,682 --> 00:09:56,987
Pell was an average student.
196
00:09:57,031 --> 00:09:59,468
I mean, he shouldn't even
have been in the mix.
197
00:09:59,511 --> 00:10:03,472
But this professor... Ezra Nichols.
198
00:10:03,515 --> 00:10:04,908
He's like a legend around here.
199
00:10:06,649 --> 00:10:08,129
He went to bat for him.
200
00:10:08,172 --> 00:10:10,653
He convinced the editors
they needed to pick Pell.
201
00:10:10,697 --> 00:10:12,829
And why do you think Ezra Nichols
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00:10:12,873 --> 00:10:15,397
would do something like that
for someone like Pell?
203
00:10:15,440 --> 00:10:16,659
Well, there's obviously something
204
00:10:16,703 --> 00:10:18,008
going on between them.
205
00:10:18,052 --> 00:10:19,488
Do you think they were having an affair?
206
00:10:19,531 --> 00:10:21,969
It seemed that way.
207
00:10:22,012 --> 00:10:24,885
Do you have any proof
other than this editor thing?
208
00:10:24,928 --> 00:10:27,844
Yeah, I saw them walk into
Nichols's office a few times.
209
00:10:27,888 --> 00:10:28,976
So?
210
00:10:29,019 --> 00:10:30,760
Nichols shut the door both times
211
00:10:30,804 --> 00:10:32,893
the second they walked inside.
212
00:10:32,936 --> 00:10:35,591
No professor does that these days.
213
00:10:39,595 --> 00:10:42,032
So Pell is messing around
with his professor.
214
00:10:42,076 --> 00:10:43,468
Things go south.
215
00:10:43,512 --> 00:10:44,992
He threatens to go public
with the scandal,
216
00:10:45,035 --> 00:10:46,776
and the professor kills him
to keep things quiet.
217
00:10:46,820 --> 00:10:50,127
- I mean, it's possible, but...
- But what?
218
00:10:50,171 --> 00:10:52,652
Ezra is married to a woman
219
00:10:52,695 --> 00:10:54,044
and has an impeccable reputation.
220
00:10:54,088 --> 00:10:55,480
I got some bad news for you, James.
221
00:10:55,524 --> 00:10:57,569
Sometimes people lie,
even law professors
222
00:10:57,613 --> 00:10:59,093
with wives and impeccable reputations.
223
00:10:59,136 --> 00:11:00,834
Yeah, well, thanks
for the life lesson, Frank.
224
00:11:00,877 --> 00:11:02,400
But this is not just some professor.
225
00:11:02,444 --> 00:11:04,533
This is Ezra Nichols.
226
00:11:04,576 --> 00:11:06,187
He's the reason I became a lawyer.
227
00:11:06,230 --> 00:11:08,929
He argued against the voter
suppression laws in Arizona,
228
00:11:08,972 --> 00:11:10,800
got all the way to the Supreme Court.
229
00:11:10,844 --> 00:11:13,934
And before that, he's out
there fighting for gay rights,
230
00:11:13,977 --> 00:11:16,719
- minority rights, the disabled.
- I get it. He's a saint.
231
00:11:16,763 --> 00:11:19,156
Doesn't mean he didn't kill James Pell.
232
00:11:21,898 --> 00:11:25,902
James was truly talented
and a good person.
233
00:11:25,946 --> 00:11:29,645
We've talked to a few other
people who feel differently.
234
00:11:29,689 --> 00:11:31,952
I can't speak to that.
235
00:11:31,995 --> 00:11:35,172
How well did you two know each other?
236
00:11:35,216 --> 00:11:37,871
He was in two of my classes.
237
00:11:37,914 --> 00:11:39,655
And he worked as a research assistant
238
00:11:39,699 --> 00:11:41,396
on one of my most recent books,
239
00:11:41,439 --> 00:11:43,311
so we knew each other reasonably well.
240
00:11:43,354 --> 00:11:47,054
How would you describe the
nature of your relationship?
241
00:11:47,097 --> 00:11:49,099
I'm not sure I know what you mean.
242
00:11:49,143 --> 00:11:50,405
Were you two cordial?
243
00:11:50,448 --> 00:11:52,842
Were you pleasant with one another?
244
00:11:52,886 --> 00:11:54,496
I suppose.
245
00:11:54,539 --> 00:11:57,368
Anything else between you two
you'd like to share with us?
246
00:11:57,412 --> 00:11:58,630
Excuse me?
247
00:12:00,545 --> 00:12:02,330
Were you two romantically involved?
248
00:12:02,373 --> 00:12:03,766
No.
249
00:12:03,810 --> 00:12:06,073
Of course not.
250
00:12:06,116 --> 00:12:08,162
Why on Earth would you think that?
251
00:12:08,205 --> 00:12:12,035
We just keep hearing
how fond you were of James.
252
00:12:12,079 --> 00:12:13,907
Everybody we spoke to
at the "Law Review" board
253
00:12:13,950 --> 00:12:15,560
said that you strongly advocated
254
00:12:15,604 --> 00:12:17,388
- for him to be editor-in-chief?
- I did.
255
00:12:17,432 --> 00:12:18,650
He was an exceptional student.
256
00:12:18,694 --> 00:12:21,262
Who was ranked 83 out of 230?
257
00:12:23,090 --> 00:12:25,657
Numbers don't tell the whole story.
258
00:12:25,701 --> 00:12:29,487
I agree, but I still find this odd.
259
00:12:32,708 --> 00:12:35,145
Out of all the students you have here,
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00:12:35,189 --> 00:12:39,497
out of all the gifted, diverse
men and women at this school,
261
00:12:39,541 --> 00:12:41,804
you still pushed for a white kid
262
00:12:41,848 --> 00:12:44,981
in the bottom 2/3 of the class.
263
00:12:49,681 --> 00:12:51,031
Make it make sense.
264
00:12:54,991 --> 00:12:56,950
I think we're done here, fellas.
265
00:12:56,993 --> 00:13:00,475
Where were you yesterday
morning between 5:00 a.m...
266
00:13:00,518 --> 00:13:02,042
I told you we're done here.
267
00:13:02,085 --> 00:13:03,826
I'm no longer willing
to answer questions
268
00:13:03,870 --> 00:13:06,220
without a lawyer present.
269
00:13:09,223 --> 00:13:11,225
I can assure you, Detective,
I know my rights.
270
00:13:11,268 --> 00:13:14,576
So, please, direct your gaze elsewhere.
271
00:13:30,374 --> 00:13:32,333
I found security footage
of Nichols and Pell
272
00:13:32,376 --> 00:13:35,858
walking out of Nichols' office
last week around 11:00 p.m.
273
00:13:35,902 --> 00:13:37,512
So they were having an affair.
274
00:13:37,555 --> 00:13:39,079
No. I don't think so.
275
00:13:39,122 --> 00:13:40,384
I've gone through Pell's laptop,
276
00:13:40,428 --> 00:13:42,169
looked at every communication
between them,
277
00:13:42,212 --> 00:13:43,866
and there's nothing
the least bit affectionate.
278
00:13:43,910 --> 00:13:45,259
I hate to break it to you, Vi,
279
00:13:45,302 --> 00:13:47,348
but not all men are good at intimacy.
280
00:13:47,391 --> 00:13:48,653
Really?
281
00:13:48,697 --> 00:13:50,003
Never noticed.
282
00:13:50,046 --> 00:13:51,918
But that's not what's going on here.
283
00:13:51,961 --> 00:13:54,616
This wasn't about two
closed-off dudes hooking up.
284
00:13:54,659 --> 00:13:55,922
What do you mean?
285
00:13:55,965 --> 00:13:57,619
Pell's emails were
increasingly aggressive
286
00:13:57,662 --> 00:13:59,099
and demanding.
287
00:13:59,142 --> 00:14:00,752
"I'd hate to see
your reputation tarnished."
288
00:14:00,796 --> 00:14:02,363
"I'm done asking.
289
00:14:02,406 --> 00:14:03,451
It's time for you to deliver."
290
00:14:03,494 --> 00:14:05,279
So Pell was threatening him.
291
00:14:05,322 --> 00:14:08,325
Which means sex or no sex,
he had leverage over him.
292
00:14:08,369 --> 00:14:11,372
I think I know what it was too.
293
00:14:11,415 --> 00:14:13,722
Pell sent this clip
to Nichols ten months ago
294
00:14:13,765 --> 00:14:15,550
when the threats started.
295
00:14:15,593 --> 00:14:16,594
It's from a dinner at the law school
296
00:14:16,638 --> 00:14:18,205
honoring Malcolm Sanders...
297
00:14:18,248 --> 00:14:19,684
The first gay person to be nominated
298
00:14:19,728 --> 00:14:23,036
to the Supreme Court.
299
00:14:23,079 --> 00:14:24,776
I guess even I'm not
diverse enough to be
300
00:14:24,820 --> 00:14:26,735
on the Supreme Court these days.
301
00:14:29,172 --> 00:14:31,609
Not enough to be Black, gotta be a f...
302
00:14:33,220 --> 00:14:34,830
Need I say more?
303
00:14:41,974 --> 00:14:44,368
- Too.
- Shh.
304
00:14:45,232 --> 00:14:47,669
Turn it off now.
305
00:14:47,712 --> 00:14:49,062
But I only played 12 seconds.
306
00:14:49,105 --> 00:14:50,150
I know what I said.
307
00:14:50,193 --> 00:14:52,195
And we know who heard it...
308
00:14:52,239 --> 00:14:54,894
James Pell.
309
00:14:54,937 --> 00:14:56,591
He was working there that night.
310
00:14:56,634 --> 00:14:58,375
He was coordinating the event.
311
00:14:58,419 --> 00:15:01,030
Which explains how he caught
your comment on video.
312
00:15:01,074 --> 00:15:03,424
And then he wanted you
to know about it, didn't he?
313
00:15:03,467 --> 00:15:06,122
Which is why he sent you
the clip ten months ago.
314
00:15:06,166 --> 00:15:09,125
That's when you started
helping him out, right?
315
00:15:10,779 --> 00:15:13,825
Look, Professor,
we know plenty of good men
316
00:15:13,869 --> 00:15:15,915
have lost their reputations,
their careers,
317
00:15:15,958 --> 00:15:19,483
for saying stupid things...
Things they didn't mean,
318
00:15:19,527 --> 00:15:21,311
things they used to say
on the playground
319
00:15:21,355 --> 00:15:22,747
when they were ten years old.
320
00:15:22,791 --> 00:15:24,053
And we understand the type of stress
321
00:15:24,097 --> 00:15:25,968
that something like that can cause.
322
00:15:26,012 --> 00:15:28,057
I mean, you probably woke up
every single morning
323
00:15:28,101 --> 00:15:29,929
wondering if today was
the day this poor guy
324
00:15:29,972 --> 00:15:32,583
sold you out, leaked it on Twitter,
325
00:15:32,627 --> 00:15:34,194
called "The New York Times."
326
00:15:34,237 --> 00:15:36,936
And that kind of pressure
can cause really smart people
327
00:15:36,979 --> 00:15:39,416
to make really stupid choices.
328
00:15:41,070 --> 00:15:43,855
I appreciate your concern, Detective,
329
00:15:43,899 --> 00:15:46,206
but I'll cut to the chase.
330
00:15:46,249 --> 00:15:48,730
I didn't kill James Pell.
331
00:15:48,773 --> 00:15:50,775
But if you did, we'd understand.
332
00:15:50,819 --> 00:15:53,256
Gentlemen, I presume Professor Nichols
333
00:15:53,300 --> 00:15:55,998
is not under arrest?
334
00:15:56,042 --> 00:15:57,347
Correct.
335
00:15:57,391 --> 00:16:01,569
Then please, get the hell out
of my office.
336
00:16:17,759 --> 00:16:20,022
I gotta be honest.
337
00:16:20,066 --> 00:16:21,589
This is a little surreal for me.
338
00:16:21,632 --> 00:16:22,982
Why's that?
339
00:16:23,025 --> 00:16:24,374
Ezra Nichols...
340
00:16:24,418 --> 00:16:25,854
Always a big inspiration for me.
341
00:16:25,897 --> 00:16:28,248
I just... he's the guy
that made me want to be
342
00:16:28,291 --> 00:16:29,597
a lawyer in the first place.
343
00:16:29,640 --> 00:16:30,946
I just can't believe
he's mixed up in all this.
344
00:16:30,990 --> 00:16:32,078
Right now, he's just a guy
345
00:16:32,121 --> 00:16:33,644
who used a word he wasn't supposed to.
346
00:16:33,688 --> 00:16:35,559
Which is depressing enough.
347
00:16:35,603 --> 00:16:37,605
Yeah, a bad word, no doubt, but...
348
00:16:37,648 --> 00:16:39,476
But what?
349
00:16:39,520 --> 00:16:41,957
Nobody's above having a bad day.
350
00:16:42,001 --> 00:16:44,742
The only difference between you
and him and anybody else is,
351
00:16:44,786 --> 00:16:46,657
he got caught on camera.
352
00:16:46,701 --> 00:16:49,443
We found something in the doormat.
353
00:16:49,486 --> 00:16:50,748
What? Dirt?
354
00:16:50,792 --> 00:16:53,882
Dried mud, and there's
cattail fluff in it.
355
00:16:53,925 --> 00:16:55,753
Those grow by the riverbank.
356
00:16:55,797 --> 00:16:57,364
That would put him by the boathouse.
357
00:16:57,407 --> 00:16:59,235
He came in through the
back entrance, which means
358
00:16:59,279 --> 00:17:00,367
he didn't want to be seen.
359
00:17:00,410 --> 00:17:02,064
Maybe he had blood on his clothes.
360
00:17:02,108 --> 00:17:03,848
Do we know where the laundry room is?
361
00:17:03,892 --> 00:17:06,416
Already checked it. Nada.
362
00:17:06,460 --> 00:17:07,461
So if he didn't wash his clothes,
363
00:17:07,504 --> 00:17:08,853
maybe he threw them away.
364
00:17:08,897 --> 00:17:11,117
So where does he keep the trash bags?
365
00:17:11,160 --> 00:17:12,640
Over here.
366
00:17:16,600 --> 00:17:17,993
Check it for blood.
367
00:17:23,085 --> 00:17:24,160
Nothing.
368
00:17:24,185 --> 00:17:25,969
Check the inside flap.
369
00:17:31,920 --> 00:17:34,531
Bingo. We've got some blood here.
370
00:17:34,575 --> 00:17:36,055
Get that to the lab.
371
00:17:38,274 --> 00:17:41,060
Hey, the lab says the blood is Pell's.
372
00:17:41,103 --> 00:17:43,192
And the mud on the doormat
matches the riverbank
373
00:17:43,236 --> 00:17:45,194
- at the boathouse.
- Hell of a start.
374
00:17:45,238 --> 00:17:46,935
But we still can't place him
near the crime scene
375
00:17:46,978 --> 00:17:48,371
or even prove that he left
his house that morning.
376
00:17:48,415 --> 00:17:49,720
He's right.
377
00:17:49,764 --> 00:17:50,895
I've scrubbed all the video
I could find.
378
00:17:50,939 --> 00:17:52,723
But we still got the dead guy's blood
379
00:17:52,767 --> 00:17:54,377
at the Nichols' house.
380
00:17:54,421 --> 00:17:55,900
They can't walk that back.
381
00:17:55,944 --> 00:17:57,641
It's not impossible.
382
00:17:57,685 --> 00:17:58,947
Let's keep digging.
383
00:18:03,517 --> 00:18:05,127
- They got kids, right?
- Mm-hmm.
384
00:18:05,171 --> 00:18:07,042
A 14-year-old and a 5-year-old?
385
00:18:07,086 --> 00:18:08,739
- Yeah.
- And both parents work?
386
00:18:08,783 --> 00:18:10,132
- Yeah.
- That means...
387
00:18:10,176 --> 00:18:11,742
- They have a nanny.
- Yeah.
388
00:18:11,786 --> 00:18:13,527
Let's track her down.
389
00:18:13,570 --> 00:18:14,963
Find out what she knows.
390
00:18:16,878 --> 00:18:18,575
I can't get involved.
391
00:18:18,619 --> 00:18:19,924
I'm applying for a visa right now,
392
00:18:19,968 --> 00:18:22,231
but I'm a little behind
on the paperwork.
393
00:18:22,275 --> 00:18:25,104
We're not ICE, Magda.
We're not gonna report you.
394
00:18:25,147 --> 00:18:26,670
We just need to know if you were working
395
00:18:26,714 --> 00:18:28,759
at the Nichols' house that morning.
396
00:18:28,803 --> 00:18:31,545
Yes. I got there at 5:30.
397
00:18:31,588 --> 00:18:33,112
Michelle called me.
398
00:18:33,155 --> 00:18:35,114
Said she needed me
to watch their youngest.
399
00:18:35,157 --> 00:18:38,029
And when you got there, was Ezra home?
400
00:18:38,073 --> 00:18:40,684
Yes. He was asleep upstairs.
401
00:18:40,728 --> 00:18:42,251
You sure?
402
00:18:42,295 --> 00:18:43,426
Yeah.
403
00:18:43,470 --> 00:18:45,428
He came down around 7:00.
404
00:18:45,472 --> 00:18:46,995
I made him breakfast.
405
00:18:47,038 --> 00:18:49,302
And Ezra didn't leave
the house before that?
406
00:18:49,345 --> 00:18:52,392
No. Like I said, he was sleeping.
407
00:18:55,830 --> 00:18:57,832
Where was Michelle?
408
00:19:00,226 --> 00:19:03,272
If I say anything that
gets the Nichols in trouble,
409
00:19:03,316 --> 00:19:04,752
I could lose my job.
410
00:19:04,795 --> 00:19:09,539
Magda, this is a murder investigation.
411
00:19:09,583 --> 00:19:10,714
Understand?
412
00:19:12,977 --> 00:19:15,197
We need to know what you know.
413
00:19:26,382 --> 00:19:28,645
- Michelle Nichols.
- What is this?
414
00:19:28,689 --> 00:19:31,170
You're under arrest
for the murder of James Pell.
415
00:19:31,213 --> 00:19:32,258
What? Babe...
416
00:19:32,301 --> 00:19:35,174
Going to take care of this, baby.
You'll be home in no time.
417
00:19:35,217 --> 00:19:36,610
Promise you.
418
00:19:36,653 --> 00:19:39,221
Don't say a word. Understand me?
419
00:19:39,265 --> 00:19:41,658
Tell them you want a lawyer.
Now! Say it out loud!
420
00:19:41,702 --> 00:19:42,790
I want a lawyer.
421
00:19:42,833 --> 00:19:44,487
Watch your head, ma'am.
422
00:19:56,238 --> 00:19:57,892
Calling docket ending in 8733,
423
00:19:57,935 --> 00:19:59,285
People v. Michelle Nichols,
424
00:19:59,328 --> 00:20:01,548
charging murder in the second degree.
425
00:20:03,637 --> 00:20:05,160
How does the defendant plead?
426
00:20:05,204 --> 00:20:06,509
Not guilty, Your Honor.
427
00:20:06,553 --> 00:20:08,859
- People on bail?
- People request remand.
428
00:20:08,903 --> 00:20:12,211
We have evidence that proves
the defendant was aware
429
00:20:12,254 --> 00:20:14,822
the victim, James Pell,
was blackmailing her husband
430
00:20:14,865 --> 00:20:16,867
and that she murdered him to stop it.
431
00:20:16,911 --> 00:20:20,044
Your Honor, Mrs. Nichols
is anything but a flight risk.
432
00:20:20,088 --> 00:20:23,091
She serves on the boards
of the Children's Defense Fund,
433
00:20:23,134 --> 00:20:26,225
America Reads, and the
Riverdale Country School.
434
00:20:26,268 --> 00:20:28,314
She's never had so much
as a speeding ticket.
435
00:20:28,357 --> 00:20:30,794
Given her significant
financial resources
436
00:20:30,838 --> 00:20:33,536
and extensive international connections,
437
00:20:33,580 --> 00:20:35,669
she may be accumulating funds
in order to flee the country.
438
00:20:35,712 --> 00:20:36,887
Okay. Enough.
439
00:20:36,931 --> 00:20:39,325
Bail is set at $500,000,
and Mrs. Nichols
440
00:20:39,368 --> 00:20:41,109
is to surrender her passport.
441
00:20:43,329 --> 00:20:45,244
Motion to exclude.
442
00:20:51,337 --> 00:20:53,077
The video clip of my client's husband
443
00:20:53,121 --> 00:20:55,036
expressing his displeasure to her
444
00:20:55,079 --> 00:20:56,733
is protected by marital privilege.
445
00:20:56,777 --> 00:20:58,735
The jury shouldn't be allowed to see it.
446
00:20:58,779 --> 00:21:00,476
Privilege doesn't apply
in this situation.
447
00:21:00,520 --> 00:21:03,349
Professor and Mrs. Nichols
were in a public setting,
448
00:21:03,392 --> 00:21:04,698
which means there was no
reasonable expectation
449
00:21:04,741 --> 00:21:06,090
of confidentiality.
450
00:21:06,134 --> 00:21:07,744
Ezra Nichols was sitting in front
451
00:21:07,788 --> 00:21:09,311
of a microphone, for God's sake.
452
00:21:09,355 --> 00:21:11,574
The comment was made after
the speeches were finished.
453
00:21:11,618 --> 00:21:14,751
The microphone was disconnected
from the public address system.
454
00:21:14,795 --> 00:21:17,363
He was completely unaware
he was being recorded.
455
00:21:17,406 --> 00:21:19,800
Michelle Nichols literally shushed him.
456
00:21:19,843 --> 00:21:21,845
- That proves that...
- That proves nothing.
457
00:21:21,889 --> 00:21:24,283
My husband shushes me in my living room,
458
00:21:24,326 --> 00:21:26,110
the doctor's office.
459
00:21:26,154 --> 00:21:28,417
Based on the facts, it's clear that
460
00:21:28,461 --> 00:21:32,421
this was meant to be a personal
and private conversation.
461
00:21:32,465 --> 00:21:33,770
Motion granted.
462
00:21:36,164 --> 00:21:39,646
We need some sort of evidence
to establish motive,
463
00:21:39,689 --> 00:21:41,561
something to make the jury understand
464
00:21:41,604 --> 00:21:45,086
why Pell was blackmailing
Nichols in the first place.
465
00:21:45,129 --> 00:21:46,957
Yeah, that's what I've been working on.
466
00:21:47,001 --> 00:21:49,395
I think I might have
found something too.
467
00:21:51,875 --> 00:21:54,051
- See Ezra Nichols' wine glass?
- Yes.
468
00:21:54,095 --> 00:21:55,401
When Ezra moves the glass,
469
00:21:55,444 --> 00:21:57,577
he's motioning to a waiter for a refill.
470
00:21:57,620 --> 00:21:59,709
Play it one more time.
471
00:21:59,753 --> 00:22:01,407
If the waiter was close enough to pour,
472
00:22:01,450 --> 00:22:03,452
they would have been
close enough to hear
473
00:22:03,496 --> 00:22:04,845
what Nichols said to his wife.
474
00:22:10,285 --> 00:22:12,069
Can you tell us where you last saw
475
00:22:12,113 --> 00:22:14,071
Ezra and Michelle Nichols?
476
00:22:14,115 --> 00:22:17,161
I was a server at their table
at a law school dinner.
477
00:22:17,205 --> 00:22:19,338
And can you please repeat the comment
478
00:22:19,381 --> 00:22:23,167
that you heard Ezra Nichols
make to his wife
479
00:22:23,211 --> 00:22:25,344
about Supreme Court Justice
Malcolm Sanders?
480
00:22:25,387 --> 00:22:26,997
Objection... hearsay.
481
00:22:27,041 --> 00:22:28,390
It's not being offered for the truth
482
00:22:28,434 --> 00:22:30,827
- of the matter asserted.
- Overruled.
483
00:22:30,871 --> 00:22:32,568
Then it's protected
by marital privilege.
484
00:22:32,612 --> 00:22:35,223
Privilege doesn't apply when
there's a third party present.
485
00:22:35,266 --> 00:22:36,311
I agree.
486
00:22:36,355 --> 00:22:38,531
Mr. Price, ask your question again.
487
00:22:38,574 --> 00:22:40,576
Ms. Zinkow, what did you hear
488
00:22:40,620 --> 00:22:42,970
Ezra Nichols say to his wife?
489
00:22:43,013 --> 00:22:45,625
He was talking about Justice Sanders,
490
00:22:45,668 --> 00:22:48,715
and he used an offensive word.
491
00:22:48,758 --> 00:22:50,369
What word?
492
00:22:50,412 --> 00:22:54,938
It starts with F,
and it refers to gay people.
493
00:22:54,982 --> 00:22:56,679
Do I have to say it?
494
00:22:56,723 --> 00:23:00,030
No. No. I think we get the idea.
495
00:23:00,074 --> 00:23:02,946
Did you tell anybody what you heard?
496
00:23:02,990 --> 00:23:05,514
Yes, I told one
of the student coordinators,
497
00:23:05,558 --> 00:23:06,863
James Pell.
498
00:23:06,907 --> 00:23:08,822
How did Mr. Pell respond?
499
00:23:08,865 --> 00:23:11,085
He thanked me for telling him this.
500
00:23:11,128 --> 00:23:13,435
Then he took the video card
out of the camera
501
00:23:13,479 --> 00:23:16,438
that was recording the speakers' table.
502
00:23:16,482 --> 00:23:19,441
Thank you. I have nothing further.
503
00:23:19,485 --> 00:23:22,836
Are you familiar
with who Ezra Nichols is...
504
00:23:22,879 --> 00:23:26,187
Of all he's done
for the LGBTQ community?
505
00:23:26,230 --> 00:23:27,884
- Not really.
- Ah.
506
00:23:27,928 --> 00:23:30,191
Then let me educate you.
507
00:23:30,234 --> 00:23:32,411
- He is one of the most...
- Objection.
508
00:23:32,454 --> 00:23:35,631
Professor Nichols' r�sum�
in this regard is irrelevant.
509
00:23:35,675 --> 00:23:38,112
Sustained. Move on, Mr. Seaver.
510
00:23:40,593 --> 00:23:42,769
The room was filled
with people, correct?
511
00:23:42,812 --> 00:23:45,206
Yes, there were about 80 people there.
512
00:23:45,249 --> 00:23:46,555
So there was lots of noise.
513
00:23:46,599 --> 00:23:48,688
People were eating, drinking.
514
00:23:48,731 --> 00:23:50,080
Yes.
515
00:23:50,124 --> 00:23:53,040
So it was obviously hard to hear.
516
00:23:53,083 --> 00:23:54,389
I suppose.
517
00:23:54,433 --> 00:23:57,740
So you can't be sure what Mr. Nichols
518
00:23:57,784 --> 00:23:59,873
said or didn't say, correct?
519
00:23:59,916 --> 00:24:01,483
No. That's not true.
520
00:24:01,527 --> 00:24:03,703
I heard him use that word.
521
00:24:03,746 --> 00:24:05,139
I'm positive.
522
00:24:08,795 --> 00:24:10,840
Nothing further.
523
00:24:10,884 --> 00:24:12,102
Mr. Price?
524
00:24:12,146 --> 00:24:13,147
Nothing further, Your Honor.
525
00:24:13,190 --> 00:24:15,149
Witness is excused.
526
00:24:18,021 --> 00:24:20,415
The people call Magda Chezlak.
527
00:24:24,158 --> 00:24:26,769
Is Ms. Chezlak here?
528
00:24:32,035 --> 00:24:33,907
- What's going on?
- I don't know.
529
00:24:33,950 --> 00:24:35,561
We talked to her last night.
530
00:24:38,520 --> 00:24:41,044
The Nichols' nanny skipped town?
531
00:24:41,088 --> 00:24:43,133
Her roomie thinks
she flew back to Poland.
532
00:24:43,177 --> 00:24:45,266
- Can you confirm that?
- No.
533
00:24:45,309 --> 00:24:46,485
We checked all the flight logs.
534
00:24:46,528 --> 00:24:48,008
There's no record of her on any of them,
535
00:24:48,051 --> 00:24:50,010
and she's not answering calls
or texts, either.
536
00:24:50,053 --> 00:24:52,534
- So she's in the wind?
- Sure looks that way.
537
00:24:52,578 --> 00:24:54,057
Well, the woman
was terrified and thought
538
00:24:54,101 --> 00:24:55,537
ICE was gonna grab her up.
539
00:24:55,581 --> 00:24:58,279
Or Seaver convinced her
that was the case
540
00:24:58,322 --> 00:25:00,455
and arranged for her to get out of town.
541
00:25:00,499 --> 00:25:03,023
Which is obviously witness tampering.
542
00:25:03,066 --> 00:25:06,069
It sure is, but good luck
finding a paper trail.
543
00:25:06,113 --> 00:25:07,375
So now what?
544
00:25:07,418 --> 00:25:09,420
And the nanny was the only witness
545
00:25:09,464 --> 00:25:11,205
who could establish Michelle was at home
546
00:25:11,248 --> 00:25:12,380
the morning of the murder.
547
00:25:12,423 --> 00:25:13,773
No.
548
00:25:13,816 --> 00:25:16,384
That's not true.
We have another witness.
549
00:25:16,427 --> 00:25:17,559
Good.
550
00:25:17,603 --> 00:25:19,518
Just make sure that this one shows up.
551
00:25:24,305 --> 00:25:26,612
Detective Cosgrove, in the
course of your investigation,
552
00:25:26,655 --> 00:25:29,310
did you meet Magda Chezlak,
553
00:25:29,353 --> 00:25:31,355
- the Nichols' nanny?
- Yes.
554
00:25:31,399 --> 00:25:33,793
Did Ms. Chezlak tell you
that Michelle Nichols
555
00:25:33,836 --> 00:25:36,665
left the house the morning
of James Pell's murder?
556
00:25:36,709 --> 00:25:38,101
Objection, hearsay.
557
00:25:38,145 --> 00:25:40,016
Ms. Chezlak's statement
falls under an exception
558
00:25:40,060 --> 00:25:41,409
to the hearsay rule.
559
00:25:41,452 --> 00:25:43,542
It's a declaration
against pecuniary interest.
560
00:25:43,585 --> 00:25:46,849
What exactly is Ms. Chezlak's
pecuniary interest?
561
00:25:46,893 --> 00:25:48,198
Her job.
562
00:25:48,242 --> 00:25:49,635
She told Detective Cosgrove
she was afraid
563
00:25:49,678 --> 00:25:51,201
she'd be fired if she said anything that
564
00:25:51,245 --> 00:25:52,551
got the Nichols in trouble.
565
00:25:52,594 --> 00:25:55,728
Objection overruled.
566
00:25:55,771 --> 00:25:58,034
Yes, Magda Chezlak told me
567
00:25:58,078 --> 00:26:00,384
that she saw the defendant
568
00:26:00,428 --> 00:26:02,952
leave the house at 5:30 that morning.
569
00:26:02,996 --> 00:26:05,215
And what time was James Pell killed?
570
00:26:05,259 --> 00:26:07,609
The medical examiner determined that
571
00:26:07,653 --> 00:26:09,785
it was between 5:00 and 7:00
in the morning.
572
00:26:09,829 --> 00:26:11,613
Did Ms. Chezlak say anything else
573
00:26:11,657 --> 00:26:14,616
about the defendant
leaving home so early that day?
574
00:26:14,660 --> 00:26:16,575
Yes, she said that was highly unusual.
575
00:26:16,618 --> 00:26:18,968
She seemed in a hurry
and extremely upset.
576
00:26:19,012 --> 00:26:21,405
Thank you, Detective Cosgrove.
I have no further questions.
577
00:26:23,451 --> 00:26:25,453
How many years have you been
578
00:26:25,496 --> 00:26:27,977
with the New York City
Police Department, Detective?
579
00:26:28,021 --> 00:26:29,239
23.
580
00:26:29,283 --> 00:26:30,719
And in those years, how many times
581
00:26:30,763 --> 00:26:32,982
have you been called as a
witness in a criminal case?
582
00:26:33,026 --> 00:26:34,549
I... I wouldn't know the exact number.
583
00:26:34,593 --> 00:26:36,725
Public records show that you were called
584
00:26:36,769 --> 00:26:39,946
to testify in 208 cases.
585
00:26:39,989 --> 00:26:41,251
Really? That many?
586
00:26:41,295 --> 00:26:43,732
In how many of those cases
was the defendant
587
00:26:43,776 --> 00:26:45,255
African American?
588
00:26:45,299 --> 00:26:47,431
- Objection, relevance.
- It goes to bias.
589
00:26:47,475 --> 00:26:50,260
Overruled, but be careful, Mr. Seaver.
590
00:26:51,784 --> 00:26:53,046
I don't keep track.
591
00:26:53,089 --> 00:26:54,569
Maybe you should...
592
00:26:54,613 --> 00:26:56,266
Over half,
593
00:26:56,310 --> 00:27:00,967
and 85% of those cases
resulted in convictions.
594
00:27:01,010 --> 00:27:04,100
That is well above
the statistical average.
595
00:27:04,144 --> 00:27:05,493
Did you know that?
596
00:27:05,536 --> 00:27:08,104
Like I said, I don't know
the exact numbers.
597
00:27:08,148 --> 00:27:10,367
You should. It's in the public record.
598
00:27:10,411 --> 00:27:12,848
It seems whenever a person
of color is on trial,
599
00:27:12,892 --> 00:27:15,721
you always seem to bring in
some extra evidence
600
00:27:15,764 --> 00:27:17,026
to the equation.
601
00:27:17,070 --> 00:27:19,072
Are you trying to say I make things up?
602
00:27:19,115 --> 00:27:20,551
Because that's not how it works.
603
00:27:20,595 --> 00:27:23,293
Quite the contrary... It's simple math.
604
00:27:23,337 --> 00:27:24,947
And it adds up to you having
605
00:27:24,991 --> 00:27:27,036
a racially-motivated axe to grind.
606
00:27:27,080 --> 00:27:28,908
There's no other way to explain it.
607
00:27:28,951 --> 00:27:32,781
I'm pretty sure there is,
but I'm not a sociologist.
608
00:27:32,825 --> 00:27:34,348
I'm a homicide detective.
609
00:27:34,391 --> 00:27:36,959
I follow the evidence,
and I arrest bad guys
610
00:27:37,003 --> 00:27:38,787
regardless of their race.
611
00:27:38,831 --> 00:27:40,528
That's what I do.
612
00:27:40,571 --> 00:27:43,183
And in this case, the evidence
points at Michelle Nichols.
613
00:27:43,226 --> 00:27:44,793
A Black woman.
614
00:27:44,837 --> 00:27:47,361
No. A murderer.
615
00:27:47,404 --> 00:27:50,190
Says the man who only
arrests Black people.
616
00:27:50,233 --> 00:27:51,713
Objection. The defense is out of line.
617
00:27:51,757 --> 00:27:53,459
Sustained.
618
00:27:54,847 --> 00:27:56,675
No further questions.
619
00:27:56,718 --> 00:27:58,502
Witness is excused.
620
00:28:05,031 --> 00:28:07,511
Mr. Price?
621
00:28:07,555 --> 00:28:09,992
The People rest, Your Honor.
622
00:28:10,036 --> 00:28:12,081
Mr. Seaver, call your first witness.
623
00:28:12,125 --> 00:28:14,518
Defense calls Ezra Nichols.
624
00:28:19,045 --> 00:28:22,178
Where were you on the morning
of James Pell's murder?
625
00:28:22,222 --> 00:28:24,485
I got up early and went
to the Hudson boathouse.
626
00:28:24,528 --> 00:28:26,356
Why did you go to the boathouse?
627
00:28:26,400 --> 00:28:28,141
Because I knew James would be there.
628
00:28:28,184 --> 00:28:30,404
And what did you do
when you found him there?
629
00:28:32,319 --> 00:28:35,409
I killed him.
630
00:28:35,452 --> 00:28:37,019
Request to meet in chambers, Your Honor.
631
00:28:47,079 --> 00:28:48,624
We've already
established that Ezra Nicholas
632
00:28:48,649 --> 00:28:51,226
was at home asleep
when James Pell was killed.
633
00:28:51,251 --> 00:28:53,035
The defense is clearly
using his testimony
634
00:28:53,079 --> 00:28:54,724
to create a false narrative.
635
00:28:54,749 --> 00:28:58,040
The People have no legal basis
to exclude his testimony.
636
00:28:58,084 --> 00:29:00,216
Ezra Nichols' so-called
confession is an act
637
00:29:00,260 --> 00:29:03,567
of perjury designed to create confusion
638
00:29:03,611 --> 00:29:05,178
in the minds of the jurors.
639
00:29:05,221 --> 00:29:07,920
Creating confusion is what
defense lawyers do, Mr. Price.
640
00:29:07,963 --> 00:29:10,574
That's not a basis to exclude a witness.
641
00:29:10,618 --> 00:29:12,402
No, but creating a mockery
642
00:29:12,446 --> 00:29:14,056
of the criminal justice system is,
643
00:29:14,100 --> 00:29:16,406
or at least it used to be.
644
00:29:16,450 --> 00:29:19,235
Watch yourself, sir.
645
00:29:21,977 --> 00:29:24,414
Ezra Nichols is free to testify.
646
00:29:24,458 --> 00:29:27,591
And you, Mr. Price, are free
to accept his confession
647
00:29:27,635 --> 00:29:29,855
if you so choose.
648
00:29:31,552 --> 00:29:33,510
Court is adjourned for today.
649
00:29:36,775 --> 00:29:39,038
Is there a chance Ezra Nichols
650
00:29:39,081 --> 00:29:40,953
actually committed the murder?
651
00:29:40,996 --> 00:29:43,172
Sure. It's possible.
652
00:29:43,216 --> 00:29:44,870
Just like it's possible someone
653
00:29:44,913 --> 00:29:47,829
not named Lee Harvey Oswald
killed Kennedy.
654
00:29:47,873 --> 00:29:49,526
What does the evidence say?
655
00:29:49,570 --> 00:29:52,834
That Mr. Nichols was at home sleeping
656
00:29:52,878 --> 00:29:54,618
when the murder was committed.
657
00:29:54,662 --> 00:29:56,882
I don't... maybe we should
just accept his confession,
658
00:29:56,925 --> 00:29:58,274
charge him with murder.
659
00:29:58,318 --> 00:29:59,753
At least somebody will go
to prison for this.
660
00:29:59,778 --> 00:30:01,887
I assume you're just venting.
661
00:30:01,930 --> 00:30:04,933
- I am.
- Then let's move on.
662
00:30:04,977 --> 00:30:07,936
Let's view this confession
for what it is,
663
00:30:07,980 --> 00:30:10,896
a stunt designed to distract the jury
664
00:30:10,939 --> 00:30:14,073
and create reasonable doubt,
nothing more.
665
00:30:14,116 --> 00:30:17,293
So let Nichols spin his tale...
666
00:30:19,600 --> 00:30:23,822
Then bury him on the cross
and expose his lies.
667
00:30:29,436 --> 00:30:32,221
Pell started out by asking me
for a few thousand dollars.
668
00:30:32,265 --> 00:30:34,310
Then he wanted me to make sure
he was named
669
00:30:34,354 --> 00:30:36,095
editor-in-chief of the "Law Review."
670
00:30:36,138 --> 00:30:38,837
He was using your reputation
and influence
671
00:30:38,880 --> 00:30:40,795
to bolster his own r�sum�.
672
00:30:40,839 --> 00:30:42,231
Yes.
673
00:30:42,275 --> 00:30:44,059
And I succumbed to his demands.
674
00:30:44,103 --> 00:30:45,582
Why is that?
675
00:30:45,626 --> 00:30:48,672
Because I'm ashamed
of what I said, deeply.
676
00:30:48,716 --> 00:30:50,849
It's not who I am.
677
00:30:50,892 --> 00:30:52,198
If I'd heard another man say that,
678
00:30:52,241 --> 00:30:54,678
I'd be the first person to speak up,
679
00:30:54,722 --> 00:30:57,464
denounce his homophobia.
680
00:30:57,507 --> 00:31:00,162
So I was terrified.
681
00:31:00,206 --> 00:31:01,903
I knew the significance of the tape
682
00:31:01,947 --> 00:31:05,211
and the greed and ambition
of the man in possession of it.
683
00:31:05,254 --> 00:31:07,909
Can you elaborate on that?
684
00:31:07,953 --> 00:31:10,390
Tell us why you were so terrified?
685
00:31:10,433 --> 00:31:12,348
Because we live
in a society where people...
686
00:31:12,392 --> 00:31:16,048
The press... want to crucify
public figures
687
00:31:16,091 --> 00:31:18,702
for making a mistake.
688
00:31:18,746 --> 00:31:21,227
There are no second chances.
689
00:31:21,270 --> 00:31:24,534
One bad moment, one wrong word,
and your career is over,
690
00:31:24,578 --> 00:31:26,754
no matter who you are
or what you've accomplished.
691
00:31:26,797 --> 00:31:30,801
It's become a sport, a game.
692
00:31:30,845 --> 00:31:32,760
Who can we cancel next?
693
00:31:32,803 --> 00:31:35,894
So I gave James Pell
everything he asked for
694
00:31:35,937 --> 00:31:37,939
to protect myself and my family.
695
00:31:37,983 --> 00:31:40,550
Were there any other demands?
696
00:31:40,594 --> 00:31:42,988
Yes.
697
00:31:43,031 --> 00:31:45,642
He wanted to clerk
for the Supreme Court.
698
00:31:45,686 --> 00:31:46,992
That's where I drew the line.
699
00:31:47,035 --> 00:31:48,254
How come?
700
00:31:48,297 --> 00:31:51,170
Those clerks go on to be professors,
701
00:31:51,213 --> 00:31:53,563
judges, politicians.
702
00:31:53,607 --> 00:31:55,522
They become thought leaders
for the next generation.
703
00:31:55,565 --> 00:31:57,916
I wasn't giving James Pell
that kind of access.
704
00:31:57,959 --> 00:32:01,982
And how did Mr. Pell react
when you told him that?
705
00:32:03,225 --> 00:32:04,966
He said he'd release the video.
706
00:32:05,010 --> 00:32:06,402
And what did you do?
707
00:32:06,446 --> 00:32:10,406
I told Pell we needed to talk in person.
708
00:32:10,450 --> 00:32:13,409
So I met him down
at the boathouse that morning.
709
00:32:13,453 --> 00:32:15,411
I told him he needed to stop
what he was doing,
710
00:32:15,455 --> 00:32:18,284
that I was done
with his demands, his threats.
711
00:32:18,327 --> 00:32:19,981
And how did he react?
712
00:32:20,025 --> 00:32:23,724
He laughed in my face, said he owned me.
713
00:32:25,334 --> 00:32:29,251
That's when I lost my composure.
714
00:32:29,295 --> 00:32:31,645
I picked up a pipe,
and I swung it at his head.
715
00:32:33,473 --> 00:32:36,302
Where was your wife at this time?
716
00:32:36,345 --> 00:32:38,869
She was home with our children.
717
00:32:38,913 --> 00:32:41,742
She had nothing to do with this.
718
00:32:41,785 --> 00:32:44,658
Thank you, Professor Nichols.
719
00:32:44,701 --> 00:32:45,964
No further questions.
720
00:32:54,189 --> 00:32:55,625
Mr. Nichols...
721
00:32:58,063 --> 00:33:02,789
When you allegedly killed James Pell,
722
00:33:03,982 --> 00:33:05,374
where did you strike him?
723
00:33:05,418 --> 00:33:09,639
On the side of his head
above his right ear.
724
00:33:09,683 --> 00:33:11,946
Do you recall what Mr. Pell
was wearing that morning?
725
00:33:11,990 --> 00:33:15,254
A light blue athletic shirt
with dark blue markings
726
00:33:15,297 --> 00:33:16,820
on the sleeves.
727
00:33:23,349 --> 00:33:25,090
Side of head, above right ear,
728
00:33:25,133 --> 00:33:27,092
light blue athletic shirt,
729
00:33:27,135 --> 00:33:28,789
dark blue markings on the sleeves.
730
00:33:28,832 --> 00:33:31,052
Professor Nichols, have you
read the crime scene report
731
00:33:31,096 --> 00:33:32,488
for James Pell's murder?
732
00:33:32,532 --> 00:33:33,577
No. I have not.
733
00:33:33,602 --> 00:33:35,491
Yet, your so-called memories
734
00:33:35,535 --> 00:33:38,059
are word for word identical
to what is written here.
735
00:33:38,103 --> 00:33:40,366
- Objection.
- Sustained.
736
00:33:43,717 --> 00:33:45,458
Professor Nichols,
do you love your wife?
737
00:33:45,501 --> 00:33:46,807
Of course.
738
00:33:46,850 --> 00:33:49,027
And you would do almost
anything to protect her,
739
00:33:49,070 --> 00:33:51,072
including lying about a murder
740
00:33:51,116 --> 00:33:52,378
to stop her from going to prison.
741
00:33:52,421 --> 00:33:54,206
- Objection!
- Sustained.
742
00:33:54,249 --> 00:33:56,860
You now claim you killed James Pell,
743
00:33:56,904 --> 00:34:00,038
even though you were at home
the morning of the murder.
744
00:34:00,081 --> 00:34:01,300
That's not true.
745
00:34:01,343 --> 00:34:02,431
But no one else can verify
746
00:34:02,475 --> 00:34:04,042
your account of events, correct?
747
00:34:04,085 --> 00:34:05,521
That'snot true.
748
00:34:05,565 --> 00:34:07,349
My wife and two children
were home having breakfast
749
00:34:07,393 --> 00:34:09,699
when I returned from the boathouse.
750
00:34:09,743 --> 00:34:12,093
They saw you return home that morning?
751
00:34:12,137 --> 00:34:13,660
Yes.
752
00:34:13,703 --> 00:34:14,791
And what time was this?
753
00:34:14,835 --> 00:34:18,534
Approximately 6:45 a.m.
754
00:34:18,578 --> 00:34:20,232
They saw you...
755
00:34:27,124 --> 00:34:28,299
Thank you.
756
00:34:28,718 --> 00:34:30,329
No further questions at this time.
757
00:34:32,331 --> 00:34:35,203
You're excused.
758
00:34:35,247 --> 00:34:36,987
Subpoena the son.
759
00:34:37,031 --> 00:34:40,817
The kid already told the police
he left home at 6:45 a.m.
760
00:34:40,861 --> 00:34:42,645
He said he didn't see
his parents that morning,
761
00:34:42,689 --> 00:34:44,952
didn't even know if they were home.
762
00:34:44,995 --> 00:34:48,390
Which means one of them is lying.
763
00:34:48,434 --> 00:34:50,914
I know which one my money is on.
764
00:34:59,003 --> 00:35:00,966
Your Honor, given that this witness
765
00:35:00,991 --> 00:35:03,946
is the defendant's son, I'd ask
that you declare him hostile,
766
00:35:03,971 --> 00:35:05,320
allow me to ask leading questions.
767
00:35:05,364 --> 00:35:06,731
Granted.
768
00:35:07,888 --> 00:35:10,717
Where were you the morning
of James Pell's murder?
769
00:35:10,760 --> 00:35:12,371
I was home.
770
00:35:12,414 --> 00:35:15,461
I left home for water polo
practice at 6:45 a.m.
771
00:35:15,504 --> 00:35:19,029
And did you see your mother or father?
772
00:35:19,073 --> 00:35:20,074
I saw my mother.
773
00:35:20,118 --> 00:35:22,424
She made me breakfast.
774
00:35:22,468 --> 00:35:26,080
And I saw my father, too, briefly.
775
00:35:26,124 --> 00:35:28,517
He came home at 6:30,
right before I left home
776
00:35:28,561 --> 00:35:30,215
for water polo practice.
777
00:35:30,258 --> 00:35:32,913
Really? You saw him come home?
778
00:35:32,956 --> 00:35:34,958
That's correct.
779
00:35:35,002 --> 00:35:37,831
But you originally told the police
780
00:35:37,874 --> 00:35:40,877
that you didn't see either
of them that day, correct?
781
00:35:40,921 --> 00:35:43,967
Yes. I... I was confused.
782
00:35:44,011 --> 00:35:45,534
But you're not confused now?
783
00:35:45,578 --> 00:35:47,406
Correct.
784
00:35:47,449 --> 00:35:50,556
So your father wasn't in his
785
00:35:50,581 --> 00:35:53,455
bedroom sleeping that morning?
786
00:35:53,499 --> 00:35:54,761
That's right.
787
00:35:56,980 --> 00:36:00,114
Well, that morning when you
saw your mother, when she...
788
00:36:00,158 --> 00:36:01,507
She made breakfast for you?
789
00:36:01,550 --> 00:36:06,001
How did she appear?
Was she rattled, disoriented?
790
00:36:06,026 --> 00:36:08,862
Was she acting in a way
that seemed abnormal?
791
00:36:08,905 --> 00:36:10,864
Um...
792
00:36:10,907 --> 00:36:15,690
no, she seemed very normal.
793
00:36:15,956 --> 00:36:19,133
What about your nanny, Magda?
See her at home that morning?
794
00:36:19,177 --> 00:36:22,441
I... I don't recall.
795
00:36:22,484 --> 00:36:25,618
Your father told you what
to say today, didn't he?
796
00:36:25,661 --> 00:36:26,880
No.
797
00:36:26,923 --> 00:36:29,099
He told you to lie
about seeing him at home
798
00:36:29,143 --> 00:36:31,276
that morning in order to perpetuate
799
00:36:31,319 --> 00:36:34,104
- the lie that he killed Pell.
- Objection!
800
00:36:34,148 --> 00:36:35,410
Sustained.
801
00:36:35,454 --> 00:36:37,369
Nothing further at this time.
802
00:36:40,459 --> 00:36:43,244
We need to poke holes
in this kid's testimony.
803
00:36:43,288 --> 00:36:45,725
Check with the coach.
Pull phone, internet data.
804
00:36:45,768 --> 00:36:47,814
If we can prove he was
telling the truth then...
805
00:36:47,857 --> 00:36:50,425
We can prove he's lying now.
806
00:36:52,210 --> 00:36:53,950
I dug up everything
I could on Cyrus Nichols.
807
00:36:53,994 --> 00:36:55,517
He seems like a really good kid...
808
00:36:55,561 --> 00:36:58,607
Straight-A student, debate
team, varsity water polo,
809
00:36:58,651 --> 00:37:01,480
literally feeds the homeless on Sundays.
810
00:37:01,523 --> 00:37:03,395
Does his story track
the day of the murder?
811
00:37:03,438 --> 00:37:05,092
I talked to his water polo coach.
812
00:37:05,135 --> 00:37:07,790
Confirms Cyrus was
at practice at 7:15 a.m.
813
00:37:07,834 --> 00:37:10,663
And I found video of him a
block from the school at 7:12.
814
00:37:10,706 --> 00:37:12,273
Doesn't really prove
that he saw or didn't see
815
00:37:12,317 --> 00:37:13,579
his father that morning,
816
00:37:13,622 --> 00:37:15,233
just means he went
to water polo practice.
817
00:37:15,276 --> 00:37:16,669
I know.
818
00:37:16,712 --> 00:37:19,280
We're looking for a needle
in a haystack.
819
00:37:19,324 --> 00:37:20,847
I might have one.
820
00:37:20,890 --> 00:37:22,675
What do you mean?
821
00:37:22,718 --> 00:37:25,025
Cyrus used his cell phone
to call his parents' landline
822
00:37:25,068 --> 00:37:27,332
that morning at 5:49 a.m.
823
00:37:27,375 --> 00:37:29,551
What? Why would he...
824
00:37:32,250 --> 00:37:33,686
Get a ping order right away.
825
00:37:33,729 --> 00:37:35,064
On it.
826
00:37:38,560 --> 00:37:41,911
What the hell's going on?
What was so important?
827
00:37:41,955 --> 00:37:45,698
We looked into your son's
version of events.
828
00:37:45,741 --> 00:37:50,442
And we learned that
he called your landline
829
00:37:50,485 --> 00:37:54,315
the morning of the murder at 5:49 a.m.
830
00:37:54,359 --> 00:37:57,405
So we pinged his cell.
831
00:37:57,449 --> 00:38:01,279
And we eventually discovered this.
832
00:38:03,106 --> 00:38:07,720
This is Cyrus at 5:09 a.m.
on the morning of the murder
833
00:38:07,763 --> 00:38:11,854
walking down 122nd Street,
two blocks from the boathouse
834
00:38:11,898 --> 00:38:14,335
where Pell was killed.
835
00:38:16,946 --> 00:38:20,167
And this is Cyrus at 5:44 a.m.,
836
00:38:20,210 --> 00:38:23,301
throwing away the pipe
used to kill James Pell.
837
00:38:32,788 --> 00:38:37,444
If you tell us everything
that happened...
838
00:38:39,273 --> 00:38:41,971
we will do the best we can for your son.
839
00:38:42,015 --> 00:38:43,712
Whatever they say,
840
00:38:43,756 --> 00:38:45,758
it can't be used against the child.
841
00:38:45,801 --> 00:38:46,802
Agreed.
842
00:38:55,202 --> 00:38:57,683
Cyrus knew the pressure I was under...
843
00:38:57,726 --> 00:39:00,033
That we were under.
844
00:39:00,076 --> 00:39:03,949
He overheard us arguing the
845
00:39:03,974 --> 00:39:05,778
night before about James Pell
846
00:39:05,818 --> 00:39:09,956
and how he was threatening
to destroy our lives.
847
00:39:09,999 --> 00:39:13,351
He knew the agony that this was causing.
848
00:39:15,265 --> 00:39:18,399
And Cyrus is a sensitive boy.
849
00:39:18,443 --> 00:39:20,967
He carries the weight
of the world on his shoulders.
850
00:39:21,010 --> 00:39:23,361
He always has.
851
00:39:23,404 --> 00:39:26,189
I told him we would
take care of everything,
852
00:39:26,233 --> 00:39:28,278
that this was not his problem.
853
00:39:30,280 --> 00:39:31,847
But he...
854
00:39:31,891 --> 00:39:35,068
He killed James Pell.
855
00:39:35,111 --> 00:39:37,810
It wasn't his fault.
856
00:39:37,853 --> 00:39:39,464
He was afraid.
857
00:39:39,507 --> 00:39:41,683
He was just trying to help.
858
00:39:51,389 --> 00:39:52,955
Your Honor, the People have agreed
859
00:39:52,999 --> 00:39:55,741
to drop the murder charges
against Michelle Nichols.
860
00:39:55,784 --> 00:39:57,917
We have also agreed not to charge
861
00:39:57,960 --> 00:40:00,485
Ezra Nichols with perjury.
862
00:40:00,528 --> 00:40:01,790
The Nichols family understands
863
00:40:01,834 --> 00:40:03,618
that it is in the best
interests of the child
864
00:40:03,662 --> 00:40:06,360
to plead guilty in family court,
865
00:40:06,404 --> 00:40:09,145
and the record will be sealed.
866
00:40:09,189 --> 00:40:10,364
Cyrus...
867
00:40:14,499 --> 00:40:16,805
Do you understand what this means?
868
00:40:19,068 --> 00:40:23,508
A judge in family court will be
sentencing you for murder.
869
00:40:25,074 --> 00:40:26,772
Yes, ma'am.
870
00:40:26,815 --> 00:40:28,687
I understand.
871
00:40:28,730 --> 00:40:31,951
The case against
Michelle Nichols is dismissed.
872
00:40:31,994 --> 00:40:36,042
Court Officer, please take
Cyrus Nichols into custody.
873
00:40:36,085 --> 00:40:37,391
He's just a boy.
874
00:40:37,435 --> 00:40:40,873
For God's sake, he's barely 14.
875
00:40:49,490 --> 00:40:50,970
You okay?
876
00:40:51,013 --> 00:40:54,669
A man is dead
and a family's been destroyed,
877
00:40:54,713 --> 00:40:58,978
all because a good man blurted
out a stupid, hateful word.
878
00:41:02,549 --> 00:41:06,549
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