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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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I'll be all right. I'm just...
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I'm just going
through a phase right now.
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Everybody goes through phases
and all, don't they?
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I don't know, boy.
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I don't know.
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Put that away.
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I told you.
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When you're with me, no cell phones.
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It's my mom.
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- I gotta go.
- But we're not done.
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She'll ground me for life
if she finds out about this.
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You are acting like a child.
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I'm sorry.
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I'll see you next time.
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He's just a kid.
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Eli Barone, 14 years old.
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Gunshot wound.
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Took one to the chest, close range,
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sometime between
10:00 p.m. and midnight.
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- Family in the building?
- Mm-hmm.
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Anybody find that shell casing?
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Nope, and no gunshot residue.
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Or blood splatter.
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- Body was probably moved.
- Yeah.
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Looks like he messed up his ankle
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somewhere along the way.
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Did the techs find a blood trail?
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Nothing so far.
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Did he have anything on him?
Money, drugs?
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Just his keys and his phone.
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It was a school night.
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The kid should've been home sleeping.
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What were you doing out here, kid?
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- Synced and corrected by synk -
- www.addic7ed.com -
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Found him this morning,
just lying there.
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I couldn't believe it.
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He was a really good boy.
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Never gave anyone a lick of trouble.
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- Oh, you knew him?
- Yeah.
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Moved in about seven months ago
after his father passed.
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His mom's a nurse.
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He's a good kid. Good family.
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Who had access to the stairwell?
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Oh, everybody.
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We have 200 units in the building,
52
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so about 360 people,
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plus their guests, nannies,
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cleaners, delivery people.
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00:03:06,534 --> 00:03:08,840
Did you hear anything unusual
last night?
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00:03:08,884 --> 00:03:11,887
No, but I didn't leave
my apartment after around 6:00.
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- Where do you live?
- The basement.
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We don't get much activity down there.
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How about cameras? You got those?
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Lobby cam. I'll get you the footage.
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00:03:19,199 --> 00:03:20,504
Yeah.
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Her apartment's right down here.
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Uh, you know what?
We need to take it from here.
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Yes?
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Ms. Barone, we're the police.
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Would you mind opening up, please?
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What is it?
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I checked on him
when I got home from my shift.
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About what time was that?
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Um, around midnight.
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Ma'am, do you have any idea
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why your son would stage the bed
to look like he was still here?
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He must've snuck out, but... but why?
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Any idea where he was going?
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00:04:05,245 --> 00:04:08,073
Can you tell me what he was
doing earlier in the day?
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00:04:08,117 --> 00:04:09,945
He was in school.
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He had an algebra test.
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00:04:12,948 --> 00:04:16,255
Uh, we're gonna need
to take Eli's computer.
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00:04:16,298 --> 00:04:17,560
Yeah, whatever you need.
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Did he do anything after school?
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He texted me he was going
to a friend's house.
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Do you have an address for that?
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How about a name?
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Um...
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I don't know.
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You must think I'm a terrible mother.
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Not at all. Teenagers.
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They operate on a need-to-know basis.
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Wait, um,
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his name was Sean-something.
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00:04:41,019 --> 00:04:43,935
Sean Kapinski?
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00:04:43,979 --> 00:04:46,286
Yes, I think so. How'd you know?
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What the hell are these?
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00:04:58,428 --> 00:05:00,474
According to his website,
Sean Kapinski is
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a photographer/acting coach/
talent manager.
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00:05:03,651 --> 00:05:05,087
The guy moved around a lot.
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00:05:05,130 --> 00:05:08,220
Six different addresses
in the last four years.
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00:05:08,264 --> 00:05:10,135
So what's his rap sheet look like?
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00:05:10,179 --> 00:05:11,615
- Clean.
- A'ight, got you.
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00:05:11,659 --> 00:05:12,834
Thanks. Hey, check this out.
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00:05:12,877 --> 00:05:15,010
So Sean Kapinski doesn't have a record.
102
00:05:15,053 --> 00:05:16,707
So we pulled the prints off
of the photos.
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00:05:16,751 --> 00:05:18,622
They came back to a Sean Capples.
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00:05:18,666 --> 00:05:21,364
So Kapinski is living under an alias?
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00:05:21,408 --> 00:05:22,452
You got that right.
106
00:05:22,496 --> 00:05:23,671
Got a conviction in Chicago
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for possession of child porn.
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Finished off his probation.
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Changed his name to Kapinski.
Moved to Manhattan.
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Let's get a good address
on this creep and bring him in.
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Done.
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Sean Kapinski.
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I told you to stay close!
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Help! Please help!
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NYPD! Open up, Kapinski!
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- What the hell?
- Hey, back up.
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- Whoa!
- Back up!
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Young man, we're the police.
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Are you all right?
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00:05:51,481 --> 00:05:53,457
Is there anyone else here with you?
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Did this man hurt you?
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Oh.
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00:05:59,533 --> 00:06:00,882
Do your parents know you're here?
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00:06:00,925 --> 00:06:02,187
No? All right.
125
00:06:02,231 --> 00:06:03,709
We're gonna call your parents.
Come with me.
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00:06:03,734 --> 00:06:05,780
Come on. You're gonna be all right.
127
00:06:08,890 --> 00:06:11,327
What were you doing with that kid?
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00:06:11,371 --> 00:06:13,416
Rehearsing.
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00:06:13,460 --> 00:06:16,158
It's a scene from "The Truman Show."
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00:06:16,201 --> 00:06:17,986
- It's about a man who...
- Yeah, I've seen it.
131
00:06:18,029 --> 00:06:19,422
His whole life's a reality show.
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00:06:19,466 --> 00:06:21,990
- I get it.
- Why are you here?
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00:06:22,033 --> 00:06:23,470
Don't worry about that.
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00:06:23,513 --> 00:06:25,689
We'll have a long conversation
down at the precinct.
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00:06:25,733 --> 00:06:27,430
2-7, Squad to Central.
136
00:06:27,474 --> 00:06:28,692
This is Detective Shaw.
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00:06:28,736 --> 00:06:30,825
I'ma need a sector transport
for a suspect
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00:06:30,868 --> 00:06:32,870
down to the 2-7.
139
00:06:32,914 --> 00:06:34,959
Turn around.
Put your hands behind your back.
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00:06:42,314 --> 00:06:44,447
Here you go.
141
00:06:44,491 --> 00:06:47,407
So, Brian, can you tell me
how old you are?
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00:06:47,450 --> 00:06:48,582
15.
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00:06:48,625 --> 00:06:50,366
Please don't tell my dad about this.
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00:06:50,409 --> 00:06:51,933
Honey, I'm afraid
it's a little too late.
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00:06:51,976 --> 00:06:53,108
Your father's on his way.
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00:06:53,151 --> 00:06:55,240
But we weren't doing anything wrong.
147
00:06:55,284 --> 00:06:58,113
Can you tell me why you were
at Kapinski's apartment?
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00:06:58,156 --> 00:06:59,462
He's my acting coach, teaching me
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00:06:59,506 --> 00:07:01,159
how to get comfortable
in front of the camera.
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00:07:01,203 --> 00:07:04,032
Oh, so you wanna be an actor?
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00:07:04,075 --> 00:07:06,426
Not really. I just wanna be famous.
152
00:07:06,469 --> 00:07:07,557
Oh.
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00:07:07,601 --> 00:07:10,299
You have a lot of eager teenage boys
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00:07:10,342 --> 00:07:13,041
hanging out at your apartment,
unaccompanied.
155
00:07:13,084 --> 00:07:15,522
- How dare you...
- Oh, spare us the outrage.
156
00:07:15,565 --> 00:07:17,480
We know who you are.
We know about your past.
157
00:07:17,524 --> 00:07:19,351
So cut the crap
and tell us what's going on.
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00:07:19,395 --> 00:07:21,136
You bust into my place.
159
00:07:21,179 --> 00:07:24,313
Then you haul Brian and me in here.
160
00:07:24,356 --> 00:07:26,809
And now you're accusing me?
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00:07:27,664 --> 00:07:30,319
I am a legitimate talent manager.
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Our relationship is purely professional.
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I mean, you can ask him.
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We did, and you're right.
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00:07:36,325 --> 00:07:39,110
But Brian's not your only student.
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00:07:39,154 --> 00:07:40,721
Excuse me?
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00:07:40,764 --> 00:07:42,070
Tell us about Eli Barone.
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You were with him last night, right?
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Yes, we had a session, but I...
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I'm confused.
Why are we talking about Eli?
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Because he's dead.
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Somebody shot him in the chest.
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Eli is dead?
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And you were
the last person he was with.
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And you're a convicted pedophile.
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You see where we're going with this?
I am not a pedophile.
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00:08:03,700 --> 00:08:06,877
A 14-year-old boy is dead,
a mother is without her child,
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00:08:06,921 --> 00:08:08,444
and you wanna play games?
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00:08:08,488 --> 00:08:11,229
Okay, Mr. Kapinski,
let's play some games,
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00:08:11,273 --> 00:08:12,579
or Mr. Capples,
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00:08:12,622 --> 00:08:14,842
or whatever the hell name
you're usin' these days.
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00:08:14,885 --> 00:08:17,061
Hold on!
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00:08:21,631 --> 00:08:25,069
That conviction is 15 years old.
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I was in high school.
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00:08:27,245 --> 00:08:29,944
I texted a picture of my girlfriend,
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with her shirt off, to a friend.
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00:08:31,554 --> 00:08:33,730
I got sentenced
to five years' probation.
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00:08:33,774 --> 00:08:37,125
You know what? You're
not answering our question.
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00:08:37,168 --> 00:08:39,213
What happened with Eli last night?
190
00:08:39,256 --> 00:08:41,563
I was working with him.
191
00:08:41,607 --> 00:08:43,131
I was teaching him how to act.
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He was a really gifted young man.
193
00:08:45,786 --> 00:08:48,528
I didn't kill Eli.
194
00:08:48,571 --> 00:08:49,920
That's absurd.
195
00:08:49,964 --> 00:08:52,706
We had a session, and then he left,
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00:08:52,749 --> 00:08:54,185
very much alive.
197
00:08:54,229 --> 00:08:55,752
Can you prove that?
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00:08:57,580 --> 00:09:00,452
As a matter of fact, I can.
199
00:09:01,105 --> 00:09:04,065
Everybody goes through
phases and all, don't they?
200
00:09:04,108 --> 00:09:06,937
I don't know, boy.
201
00:09:06,981 --> 00:09:09,461
I don't know.
202
00:09:09,505 --> 00:09:10,724
I told you.
203
00:09:10,767 --> 00:09:12,247
When you're with me, no cell phones.
204
00:09:12,290 --> 00:09:13,901
It's my mom.
205
00:09:15,729 --> 00:09:16,860
I gotta go.
206
00:09:16,904 --> 00:09:18,514
But we're not done.
207
00:09:18,558 --> 00:09:20,516
She'll ground me for life
if she finds out about this.
208
00:09:20,560 --> 00:09:22,344
You are acting like a child.
209
00:09:22,387 --> 00:09:23,388
I'm sorry.
210
00:09:23,432 --> 00:09:25,608
See you next time.
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00:09:25,652 --> 00:09:27,915
Corroborates what Kapinski said.
212
00:09:27,958 --> 00:09:30,874
Eli left that place alone.
213
00:09:30,918 --> 00:09:32,528
But what's Eli talking about,
214
00:09:32,572 --> 00:09:34,617
"Everybody goes through phases"?
215
00:09:34,661 --> 00:09:37,272
He's doing Holden Caulfield
from "Catcher in the Rye."
216
00:09:37,315 --> 00:09:38,578
Oh, fancy.
217
00:09:38,621 --> 00:09:40,275
I didn't read much as a kid.
218
00:09:40,318 --> 00:09:41,624
Did the whole Cliff Notes thing,
219
00:09:41,668 --> 00:09:43,713
except for "Lord of the Flies."
220
00:09:43,757 --> 00:09:45,628
Read the whole thing. Loved it.
221
00:09:45,672 --> 00:09:47,761
- Mm.
- I'm not surprised.
222
00:09:47,804 --> 00:09:50,111
- Were you a big reader?
- Yeah, I was.
223
00:09:50,154 --> 00:09:52,853
Let me guess. "Nancy Drew"?
224
00:09:52,896 --> 00:09:53,984
Jane Austen.
225
00:09:54,028 --> 00:09:56,160
The woman was way ahead of her time.
226
00:09:56,204 --> 00:09:58,380
Hey, I got something.
227
00:10:01,165 --> 00:10:04,473
I've gone through the surveillance video
from Eli's apartment lobby.
228
00:10:04,516 --> 00:10:05,953
Does Kapinski make an appearance?
229
00:10:05,996 --> 00:10:08,216
Not that I can see,
but Eli enters the building
230
00:10:08,259 --> 00:10:09,913
at 10:07 p.m.
231
00:10:09,957 --> 00:10:11,828
- Alone?
- Not exactly.
232
00:10:11,872 --> 00:10:14,483
He holds the door open for this guy.
233
00:10:14,526 --> 00:10:16,311
Let a complete stranger
into the building.
234
00:10:16,354 --> 00:10:18,922
What's that he's carrying?
235
00:10:18,966 --> 00:10:20,315
Looks like a bag of food.
236
00:10:20,358 --> 00:10:22,665
He's probably making a delivery.
237
00:10:22,709 --> 00:10:24,406
The guy goes inside the building,
238
00:10:24,449 --> 00:10:27,670
and 29 minutes later, he leaves.
239
00:10:27,714 --> 00:10:30,107
That's a long time to be just
dropping off a bag of food.
240
00:10:30,151 --> 00:10:32,327
Not if you're dropping off
food and killing a kid
241
00:10:32,370 --> 00:10:34,677
and then stealing his bike.
242
00:10:34,721 --> 00:10:36,331
All right, let's trace that bag,
243
00:10:36,374 --> 00:10:37,506
find out where he works,
244
00:10:37,549 --> 00:10:39,377
and get a search warrant for that bike.
245
00:10:45,035 --> 00:10:46,384
This looks like the place.
246
00:10:46,428 --> 00:10:48,648
And this looks like Eli's bike.
247
00:10:54,828 --> 00:10:56,438
Hey, how you doin'? We're detectives.
248
00:10:56,481 --> 00:10:58,092
We're looking for, uh...
249
00:10:58,135 --> 00:11:01,225
Somebody who might work here.
250
00:11:01,269 --> 00:11:03,663
Oh, he is right over there.
251
00:11:05,882 --> 00:11:07,536
Don't run. Don't run.
252
00:11:07,579 --> 00:11:09,886
Don't run. Don't run.
253
00:11:16,284 --> 00:11:18,068
I got inside. Move! Move! Move!
254
00:11:18,112 --> 00:11:19,330
Police! Move!
255
00:11:39,524 --> 00:11:41,352
Are you serious?
256
00:11:44,225 --> 00:11:45,792
He's headed towards the river.
257
00:11:49,317 --> 00:11:50,753
Hands!
258
00:11:50,797 --> 00:11:52,102
Hands! Hands up!
259
00:11:52,146 --> 00:11:53,364
Put 'em behind your head!
260
00:11:53,408 --> 00:11:55,497
Get down on your knees! Down!
261
00:11:58,630 --> 00:12:00,676
Hey. Got your steps in today, huh?
262
00:12:00,720 --> 00:12:02,417
Let's go.
263
00:12:02,460 --> 00:12:04,593
These Zumba classes are not working.
264
00:12:04,636 --> 00:12:06,334
Yeah, I did all the running.
265
00:12:07,814 --> 00:12:10,425
It's my bike.
I paid cash at a flea market.
266
00:12:10,468 --> 00:12:11,643
Then why'd you run?
267
00:12:11,687 --> 00:12:13,776
You nearly jumped into the East River.
268
00:12:13,820 --> 00:12:14,995
I got scared.
269
00:12:15,038 --> 00:12:16,344
See, Finn,
270
00:12:16,387 --> 00:12:18,563
we know you're lying
'cause we saw the video.
271
00:12:18,607 --> 00:12:19,608
It's not your bike.
272
00:12:19,651 --> 00:12:21,262
We know that you stole the bike
273
00:12:21,305 --> 00:12:22,567
from a 14-year-old boy
274
00:12:22,611 --> 00:12:26,658
around the same time
he got shot in the chest.
275
00:12:28,225 --> 00:12:31,968
Wait, I took the bike,
but I didn't shoot anyone.
276
00:12:32,012 --> 00:12:33,709
Look, I'm a singer.
277
00:12:33,753 --> 00:12:35,842
I'm trying to make money.
I wanna put out an album.
278
00:12:35,885 --> 00:12:39,106
So sometimes when there are packages
sitting outside people's doors...
279
00:12:39,149 --> 00:12:40,455
You steal things, huh?
280
00:12:40,498 --> 00:12:42,500
Okay, that's a great business plan.
281
00:12:42,544 --> 00:12:44,154
So you're in the building
for 30 minutes.
282
00:12:44,198 --> 00:12:45,634
What did you do that whole time?
283
00:12:45,677 --> 00:12:47,984
Just walking around,
looking for stuff to steal,
284
00:12:48,028 --> 00:12:49,246
and I didn't find anything.
285
00:12:49,290 --> 00:12:51,292
So you went in after Eli...
286
00:12:51,335 --> 00:12:52,772
The kid wasn't there,
287
00:12:52,815 --> 00:12:55,122
but his bike was in the basement.
288
00:12:55,165 --> 00:12:57,864
There was a guy, okay?
He saw me at the bike rack.
289
00:12:57,907 --> 00:13:00,562
A guy? What did this guy look like?
290
00:13:00,605 --> 00:13:03,478
Latino dude, medium height,
291
00:13:03,521 --> 00:13:05,349
had a big key ring hanging on his belt.
292
00:13:09,005 --> 00:13:11,051
You lied to us, Virgil.
293
00:13:11,094 --> 00:13:13,662
You said you didn't leave
your apartment after 6:00,
294
00:13:13,705 --> 00:13:16,491
but you were seen out
in the hallway after 10:00.
295
00:13:16,534 --> 00:13:18,058
I didn't think it was important.
296
00:13:18,101 --> 00:13:20,669
Someone called. They said
they had a washing machine jammed up.
297
00:13:20,712 --> 00:13:22,540
I had to go out to fix it.
298
00:13:23,890 --> 00:13:26,066
New door?
299
00:13:26,109 --> 00:13:28,111
Uh, yeah.
300
00:13:28,155 --> 00:13:30,200
New hinges too, huh?
301
00:13:30,244 --> 00:13:31,462
You have a break-in recently?
302
00:13:36,206 --> 00:13:37,207
Well, I'll be damned.
303
00:13:37,251 --> 00:13:38,818
Frank, that looks like blood.
304
00:13:40,994 --> 00:13:43,387
Is there something
you wanna tell us, Virgil?
305
00:13:45,040 --> 00:13:47,957
Dad, just tell them.
306
00:13:48,001 --> 00:13:49,741
Uh, go to your room.
307
00:13:51,178 --> 00:13:52,614
Call your Aunt Lisa.
308
00:13:52,657 --> 00:13:54,596
Tell her you're gonna
spend the night at her place.
309
00:13:59,316 --> 00:14:00,665
Okay.
310
00:14:02,189 --> 00:14:04,931
It was me.
311
00:14:04,974 --> 00:14:07,585
I shot Eli.
312
00:14:07,629 --> 00:14:08,891
I killed him.
313
00:14:16,681 --> 00:14:18,901
I was home, watching TV.
314
00:14:18,945 --> 00:14:21,382
My daughter was in her room,
doing her homework.
315
00:14:21,425 --> 00:14:24,515
Then I heard some banging on the door.
316
00:14:24,559 --> 00:14:26,169
Banging, not knocking?
317
00:14:26,213 --> 00:14:28,911
The door was moving, like
someone was trying to break in.
318
00:14:28,955 --> 00:14:30,260
And what'd you do?
319
00:14:30,304 --> 00:14:31,914
I told my daughter to stay in her room.
320
00:14:31,958 --> 00:14:34,308
Then I got my gun from the closet.
321
00:14:34,351 --> 00:14:36,440
Next thing I know, the door busted open
322
00:14:36,484 --> 00:14:38,138
and someone was rushing inside.
323
00:14:38,181 --> 00:14:39,617
And it was Eli?
324
00:14:39,661 --> 00:14:44,028
Yeah. But at the time,
I had no idea. So I...
325
00:14:45,101 --> 00:14:47,103
I got scared.
326
00:14:47,147 --> 00:14:48,931
I pulled the trigger.
327
00:14:48,975 --> 00:14:51,455
It all happened so fast.
328
00:14:51,499 --> 00:14:54,763
And after you shot him, what happened?
329
00:14:54,806 --> 00:14:58,332
Once I realized it was Eli.
I-I tried to help.
330
00:14:58,375 --> 00:15:01,030
I tried to give first aid, but...
331
00:15:01,074 --> 00:15:03,250
the kid was dead.
332
00:15:03,293 --> 00:15:05,687
Why didn't you call the police?
333
00:15:05,730 --> 00:15:08,037
I don't have a permit for the gun.
334
00:15:08,081 --> 00:15:09,996
I'm a single father.
I can't go to prison.
335
00:15:10,039 --> 00:15:11,780
I can't do that to my daughter.
336
00:15:11,823 --> 00:15:14,522
So you moved the body to the stairwell?
337
00:15:14,565 --> 00:15:16,002
Yeah.
338
00:15:16,045 --> 00:15:18,308
And I waited a few hours and called 911.
339
00:15:18,352 --> 00:15:21,572
And you pretended
that you found the body?
340
00:15:21,616 --> 00:15:23,966
Of all the doors in the building,
341
00:15:24,010 --> 00:15:25,750
why did Eli choose yours?
342
00:15:25,794 --> 00:15:27,230
Maybe because it's in the basement,
343
00:15:27,274 --> 00:15:28,971
isolated from everyone.
344
00:15:29,015 --> 00:15:32,322
Please, look, I thought someone
was breaking into my apartment.
345
00:15:32,366 --> 00:15:34,194
Okay, we hear you,
346
00:15:34,237 --> 00:15:36,180
and we're gonna check out
everything you're saying.
347
00:15:36,205 --> 00:15:38,198
Is there anything else you
wanna tell us before we leave?
348
00:15:38,241 --> 00:15:40,330
I think I heard someone with Eli.
349
00:15:40,374 --> 00:15:41,984
I-I didn't see him,
350
00:15:42,028 --> 00:15:45,901
but I heard someone scream,
"Wait! Oh, my God!"
351
00:15:45,945 --> 00:15:47,555
Or something like that.
352
00:15:50,253 --> 00:15:52,560
Is there anything
to back up the super's story?
353
00:15:52,603 --> 00:15:55,128
Well, the M.E. said
that Eli had a fractured ankle,
354
00:15:55,171 --> 00:15:56,868
which is consistent
with kicking in a door.
355
00:15:56,912 --> 00:15:58,131
What about a second person?
356
00:15:58,174 --> 00:16:00,524
I just got access to Eli's texts.
357
00:16:00,568 --> 00:16:03,136
He'd been communicating
with a guy called "Mad Max."
358
00:16:03,179 --> 00:16:05,007
He's apparently a digital influencer.
359
00:16:05,051 --> 00:16:07,053
He's got millions of followers.
360
00:16:07,096 --> 00:16:09,664
God, I hate social media.
361
00:16:09,707 --> 00:16:11,579
This is Max,
362
00:16:11,622 --> 00:16:15,061
and this is
from the lobby security video.
363
00:16:15,104 --> 00:16:16,758
Looks like the same guy.
364
00:16:16,801 --> 00:16:19,630
He entered the building
six minutes after Eli got home.
365
00:16:19,674 --> 00:16:21,154
What was he texting Eli about?
366
00:16:21,197 --> 00:16:22,546
He performs challenges.
367
00:16:22,590 --> 00:16:24,418
Like the ice bowl challenge?
368
00:16:25,462 --> 00:16:26,463
It's all right.
369
00:16:26,507 --> 00:16:28,944
- Ice bucket.
- And then some.
370
00:16:28,988 --> 00:16:30,990
More like that movie "Jackass."
371
00:16:31,032 --> 00:16:33,427
Cook chicken in cough syrup,
372
00:16:33,470 --> 00:16:35,472
eat laundry detergent pods.
373
00:16:35,516 --> 00:16:38,388
He told Eli he had the
perfect opportunity for him:
374
00:16:38,432 --> 00:16:40,564
something called
"the door-kick challenge."
375
00:16:40,608 --> 00:16:42,871
He wanted Eli to kick in someone's door.
376
00:16:42,914 --> 00:16:44,829
Max would film and post it.
377
00:16:44,873 --> 00:16:47,093
Said it would make him
an instant celebrity.
378
00:16:47,136 --> 00:16:49,312
A 14-year-old is dead
379
00:16:49,356 --> 00:16:51,314
because of some kind of attention grab?
380
00:16:51,358 --> 00:16:52,924
An attention grab that's also a felony.
381
00:16:52,968 --> 00:16:55,492
Let's get Computer Crimes
to track down his ISP
382
00:16:55,536 --> 00:16:56,928
and his last known address.
383
00:16:56,972 --> 00:16:58,539
If Mad Max was there,
384
00:16:58,582 --> 00:17:00,671
we need to find him and question him.
385
00:17:04,762 --> 00:17:07,287
So this kid, Mad Max,
lives in a content house?
386
00:17:07,329 --> 00:17:08,549
Yeah, it's like a live-work space
387
00:17:08,592 --> 00:17:10,246
for social media influencers.
388
00:17:10,290 --> 00:17:11,726
I hear you talking, and yet,
389
00:17:11,769 --> 00:17:13,902
I don't understand the words
coming out of your mouth.
390
00:17:13,944 --> 00:17:16,686
It's a place where,
kids, they create content,
391
00:17:16,731 --> 00:17:18,298
you know, or they sing or dance.
392
00:17:18,340 --> 00:17:20,082
Oh, and they kick in people's doors?
393
00:17:20,126 --> 00:17:21,605
And post it on social media.
394
00:17:21,648 --> 00:17:23,390
They will do anything for likes.
395
00:17:23,433 --> 00:17:24,739
Just what I need,
396
00:17:24,781 --> 00:17:28,263
another reason to worry about my kids.
397
00:17:34,140 --> 00:17:36,577
It's really not a good time.
I'll have Max call you.
398
00:17:36,620 --> 00:17:38,144
Yeah, we appreciate that,
399
00:17:38,187 --> 00:17:41,103
but we're gonna need to talk
to Max right now in person.
400
00:17:41,147 --> 00:17:43,279
What is it that you do, Mister...?
401
00:17:43,323 --> 00:17:44,759
Wheeler. Jason Wheeler.
402
00:17:44,802 --> 00:17:46,021
I'm the house manager.
403
00:17:46,065 --> 00:17:47,457
Is that like a landlord?
404
00:17:47,501 --> 00:17:50,330
Uh, more like business manager.
405
00:17:51,635 --> 00:17:53,724
- And you live here?
- I do.
406
00:17:53,768 --> 00:17:55,596
Thank you.
407
00:17:58,251 --> 00:17:59,991
We're here to talk about Eli Barone.
408
00:18:00,035 --> 00:18:01,428
Who?
409
00:18:01,471 --> 00:18:03,299
14-year-old boy.
Lived with his widowed mom.
410
00:18:03,343 --> 00:18:04,561
Hey, hey. Give them some space.
411
00:18:04,605 --> 00:18:07,216
You did the door-kick challenge with him
two nights ago.
412
00:18:07,260 --> 00:18:09,218
And now he's dead. Ring a bell?
413
00:18:09,262 --> 00:18:10,654
Ooh, don't say anything, Max.
414
00:18:10,698 --> 00:18:13,483
I got a search warrant
for all electronic devices.
415
00:18:13,527 --> 00:18:15,659
So where is your phone
and your computer?
416
00:18:15,703 --> 00:18:17,835
Thanks. We'll get back to you on that.
417
00:18:19,663 --> 00:18:21,317
We know you filmed the stunt.
418
00:18:21,361 --> 00:18:23,667
We wanna see the video.
419
00:18:23,711 --> 00:18:25,191
We have a search warrant team ready
420
00:18:25,234 --> 00:18:27,193
to rip every inch of this place apart
421
00:18:27,236 --> 00:18:28,498
to find what they're looking for.
422
00:18:28,542 --> 00:18:30,979
Or you can just hand it over.
423
00:18:31,022 --> 00:18:33,416
Tell 'em you wanna
talk to a lawyer, Max.
424
00:18:33,460 --> 00:18:36,115
- I wanna talk to a lawyer.
- Okay, you can.
425
00:18:36,158 --> 00:18:37,651
Down at the precinct. Let's go.
426
00:18:37,676 --> 00:18:38,851
Hey.
427
00:18:40,206 --> 00:18:41,816
We have texts from Eli's phone.
428
00:18:41,859 --> 00:18:43,034
You contacted him.
429
00:18:43,078 --> 00:18:44,079
Wanted to meet that night
430
00:18:44,123 --> 00:18:45,776
to do the door-kick challenge.
431
00:18:45,820 --> 00:18:48,562
We have security footage
of you leaving the building
432
00:18:48,605 --> 00:18:50,738
right after Eli was shot.
433
00:18:52,827 --> 00:18:54,220
Look, I-I didn't...
434
00:18:56,526 --> 00:18:59,660
We're assuming that
your client filmed the stunt
435
00:18:59,703 --> 00:19:01,749
since that was the whole point.
436
00:19:01,792 --> 00:19:04,882
Detective Cosgrove hasn't
been able to locate the video.
437
00:19:04,926 --> 00:19:08,451
If you turn it over,
it could help exculpate him.
438
00:19:08,495 --> 00:19:09,844
Let's just cut to the chase.
439
00:19:09,887 --> 00:19:11,846
My client didn't break
into anyone's apartment.
440
00:19:11,889 --> 00:19:13,064
Eli Barone did.
441
00:19:13,108 --> 00:19:14,196
And he didn't shoot anyone.
442
00:19:14,240 --> 00:19:15,458
Virgil Gilbert did.
443
00:19:15,502 --> 00:19:16,894
Virgil Gilbert has a legitimate claim
444
00:19:16,938 --> 00:19:18,635
to self-defense.
He was protecting himself
445
00:19:18,679 --> 00:19:20,463
against an intruder in his home.
446
00:19:20,507 --> 00:19:22,422
Which is why you shouldn't
kick in people's doors.
447
00:19:22,465 --> 00:19:23,814
My client didn't kick in the door.
448
00:19:23,858 --> 00:19:26,730
No, he recruited a child to do it.
449
00:19:26,774 --> 00:19:30,995
Which is an inherently
dangerous and reckless act.
450
00:19:31,039 --> 00:19:33,259
You're charging him with manslaughter?
451
00:19:35,261 --> 00:19:37,393
Max, please stand up. Stand up.
452
00:19:37,437 --> 00:19:38,742
Put your hands behind your back.
453
00:19:40,570 --> 00:19:42,790
You're under arrest
for the death of Eli Barone.
454
00:19:51,322 --> 00:19:54,236
Calling docket ending in 00719.
455
00:19:54,280 --> 00:19:56,934
People v Max Brewer,
charging manslaughter.
456
00:19:56,978 --> 00:19:58,153
How do you plead?
457
00:19:58,197 --> 00:19:59,981
My client pleads not guilty.
458
00:20:00,024 --> 00:20:01,591
And we move for an immediate dismissal.
459
00:20:01,635 --> 00:20:03,724
This case is a result
of governmental overreach,
460
00:20:03,767 --> 00:20:05,247
an abuse of prosecutorial discretion.
461
00:20:05,291 --> 00:20:06,596
Let's not get ahead of ourselves.
462
00:20:06,640 --> 00:20:08,946
You can submit your application
to the trial court.
463
00:20:08,990 --> 00:20:10,445
Are the People seeking bail?
464
00:20:10,470 --> 00:20:12,254
Absolutely. We're seeking remand.
465
00:20:12,298 --> 00:20:14,256
Mr. Brewer has no criminal record.
466
00:20:14,300 --> 00:20:16,258
Oh, and he also has
no roots in the community,
467
00:20:16,302 --> 00:20:18,260
which makes him a flight risk.
468
00:20:18,304 --> 00:20:21,307
Your Honor, this is
a particularly heinous offense.
469
00:20:21,350 --> 00:20:23,961
The defendant preyed upon a child.
470
00:20:24,005 --> 00:20:25,441
Used him for the sole purpose
471
00:20:25,485 --> 00:20:28,183
of increasing his social media status.
472
00:20:28,227 --> 00:20:29,793
Now that child is dead.
473
00:20:29,837 --> 00:20:33,057
Max Brewer is a child himself.
474
00:20:33,101 --> 00:20:36,104
According to the file, he's two
months short of his 18th birthday.
475
00:20:39,150 --> 00:20:40,717
The defendant is hereby remanded.
476
00:20:40,761 --> 00:20:43,024
Next case.
477
00:20:50,292 --> 00:20:53,991
We will keep you informed
as we move forward.
478
00:20:54,035 --> 00:20:55,732
Thank you.
479
00:20:55,776 --> 00:20:58,648
Eli was a special kid.
480
00:20:58,692 --> 00:21:01,260
We'll do our best
to get justice for your son.
481
00:21:01,303 --> 00:21:02,348
I promise.
482
00:21:08,919 --> 00:21:10,312
Excuse me.
483
00:21:10,356 --> 00:21:12,271
We're looking for Max Brewer.
Are you his lawyer?
484
00:21:12,314 --> 00:21:15,274
Oh, I'm the prosecutor.
His case was just called.
485
00:21:15,317 --> 00:21:17,058
So you're the one trying
to send my kid to jail?
486
00:21:17,101 --> 00:21:18,929
Phil, stop.
487
00:21:18,973 --> 00:21:21,105
I'm Max's mother.
This is his stepfather.
488
00:21:21,149 --> 00:21:22,933
You should speak with your son's lawyer.
489
00:21:22,977 --> 00:21:24,935
Max is a good kid.
490
00:21:24,979 --> 00:21:27,590
I'm sure he is.
491
00:21:27,634 --> 00:21:28,983
He was just doing his job.
492
00:21:30,767 --> 00:21:31,899
His job?
493
00:21:31,942 --> 00:21:33,466
Jason, the guy who runs the house.
494
00:21:33,509 --> 00:21:34,684
- He told him to do it.
- Yeah.
495
00:21:34,728 --> 00:21:36,033
Jason is Max's guardian,
496
00:21:36,077 --> 00:21:38,471
so Max did what he said.
497
00:21:38,514 --> 00:21:41,561
The manager of the content
house is Max's guardian?
498
00:21:41,604 --> 00:21:43,476
Manages Max's money too.
499
00:21:43,519 --> 00:21:46,043
Kid just wanted to follow
his dreams, be in the big city.
500
00:21:46,087 --> 00:21:48,394
Kid's got 8 million followers.
501
00:21:52,528 --> 00:21:54,922
Maybe we're looking at this wrong.
502
00:21:54,965 --> 00:21:56,532
Well, I did the legal analysis.
503
00:21:56,576 --> 00:21:59,230
Max Brewer is responsible
for the death of Eli Barone.
504
00:21:59,274 --> 00:22:02,451
I agree, but so is Jason Wheeler.
505
00:22:02,495 --> 00:22:03,496
In what way?
506
00:22:03,539 --> 00:22:05,324
Max's parents live in Florida.
507
00:22:05,367 --> 00:22:08,631
They've handed their teen over
to this social media manager,
508
00:22:08,675 --> 00:22:11,373
who exerts
tremendous influence over him.
509
00:22:11,417 --> 00:22:13,636
Well, that sounds like bad parenting.
510
00:22:13,680 --> 00:22:15,551
Doesn't make any of them
liable for homicide.
511
00:22:15,595 --> 00:22:17,161
I've done some digging into this guy.
512
00:22:17,205 --> 00:22:18,772
He put up roadblocks
513
00:22:18,815 --> 00:22:21,383
when Cosgrove and Shaw
went to interview Max.
514
00:22:21,427 --> 00:22:23,951
Wasn't willing to turn over
the video of the door-kick,
515
00:22:23,994 --> 00:22:25,735
which we still haven't found.
516
00:22:25,779 --> 00:22:29,435
There are a lot of kids who still
live in Wheeler's content house.
517
00:22:29,478 --> 00:22:32,394
He's got them all doing
really dangerous stunts...
518
00:22:32,438 --> 00:22:37,007
Putting pennies into electrical outlets,
asphyxiating themselves.
519
00:22:38,792 --> 00:22:41,403
What's Wheeler's
financial interest in all this?
520
00:22:41,447 --> 00:22:44,058
I'm not sure of the specifics.
521
00:22:44,101 --> 00:22:47,148
I can go back to the content house,
try and interview some of the kids.
522
00:22:47,191 --> 00:22:50,064
This guy has a hold on those kids.
523
00:22:50,107 --> 00:22:52,414
Try and find people
who used to live there.
524
00:22:52,458 --> 00:22:54,590
See if any of them are willing to talk.
525
00:22:59,769 --> 00:23:01,989
I was a rock climber.
526
00:23:02,032 --> 00:23:04,078
Started when I was 11.
527
00:23:04,121 --> 00:23:06,863
I used to post videos on social media.
528
00:23:06,907 --> 00:23:08,474
That's how Jason discovered you?
529
00:23:08,517 --> 00:23:09,779
Yes.
530
00:23:09,823 --> 00:23:13,130
He offered me a place
in the content house.
531
00:23:13,174 --> 00:23:15,002
Said he'd make me a household name.
532
00:23:15,045 --> 00:23:16,786
And how old were you?
533
00:23:16,830 --> 00:23:18,571
16.
534
00:23:18,614 --> 00:23:21,965
He'd contact you directly
when you were 16?
535
00:23:22,009 --> 00:23:23,793
Did he ever talk to your parents?
536
00:23:23,837 --> 00:23:26,187
There were issues at home.
537
00:23:27,536 --> 00:23:31,410
So I figured, "Why not go live there?"
538
00:23:31,453 --> 00:23:34,543
What kind of stunts
did Jason have you perform?
539
00:23:34,587 --> 00:23:38,765
He wanted me to scale skyscrapers,
540
00:23:38,808 --> 00:23:40,331
like Spider-Man.
541
00:23:40,375 --> 00:23:43,117
And buildings got taller and taller...
542
00:23:43,160 --> 00:23:45,380
That's how you broke your spinal cord?
543
00:23:48,731 --> 00:23:50,472
Jason said that if I didn't do it,
544
00:23:50,516 --> 00:23:52,909
he said I'd be in violation
of our contract.
545
00:23:52,953 --> 00:23:54,476
He threatened you?
546
00:23:57,131 --> 00:23:59,438
So I did what he told me to do.
547
00:24:01,440 --> 00:24:04,225
He made me famous, all right.
548
00:24:04,268 --> 00:24:07,489
Do you still have a copy
of that contract?
549
00:24:07,533 --> 00:24:09,404
I think so.
550
00:24:12,189 --> 00:24:14,496
Jason Wheeler imposed all kinds of rules
551
00:24:14,540 --> 00:24:16,367
as a condition of living in the house.
552
00:24:16,411 --> 00:24:17,804
What kind of rules?
553
00:24:17,847 --> 00:24:20,415
The kids had to perform
six challenges per month,
554
00:24:20,459 --> 00:24:21,938
and there were requirements
555
00:24:21,982 --> 00:24:24,854
about the amount of danger
necessary for each challenge.
556
00:24:24,898 --> 00:24:29,424
Also everyone had to maintain
at least 7 million followers.
557
00:24:29,468 --> 00:24:31,600
What about the financial arrangements?
558
00:24:31,644 --> 00:24:34,081
Wheeler kept 70% of the revenue,
559
00:24:34,124 --> 00:24:36,300
and the artists got the other 30.
560
00:24:36,344 --> 00:24:37,867
And take all the risk?
561
00:24:37,911 --> 00:24:38,999
He was dealing with kids
562
00:24:39,042 --> 00:24:40,827
from difficult family situations.
563
00:24:40,870 --> 00:24:43,394
They were desperate
for the fame and the money,
564
00:24:43,438 --> 00:24:45,005
and he took advantage of that.
565
00:24:45,048 --> 00:24:46,702
How much money are we talking about?
566
00:24:46,746 --> 00:24:47,747
Tens of millions.
567
00:24:49,270 --> 00:24:50,532
What are you proposing?
568
00:24:50,576 --> 00:24:53,230
Max Brewer bears some responsibility
569
00:24:53,274 --> 00:24:54,754
for Eli Barone's death,
570
00:24:54,797 --> 00:24:58,975
but Jason Wheeler ordered him
to perform the challenge.
571
00:24:59,019 --> 00:25:00,542
Wheeler's reckless acts
572
00:25:00,586 --> 00:25:03,589
directly caused the death
of a 14-year-old child.
573
00:25:04,851 --> 00:25:06,853
I think we should charge him
with manslaughter.
574
00:25:08,507 --> 00:25:09,842
Do it.
575
00:25:11,814 --> 00:25:13,903
If you're willing
to testify against Wheeler,
576
00:25:13,947 --> 00:25:16,906
I'll reduce the charge
to reckless endangerment.
577
00:25:16,950 --> 00:25:20,910
Which means you won't have
to serve any prison time.
578
00:25:20,954 --> 00:25:23,086
You'll recommend probation?
579
00:25:23,130 --> 00:25:24,305
What about the bail?
580
00:25:24,348 --> 00:25:26,350
We'll consent to bail, and he'll be out.
581
00:25:26,394 --> 00:25:28,657
What if I don't wanna
testify against Jason?
582
00:25:28,701 --> 00:25:30,485
You will stay in jail.
583
00:25:30,529 --> 00:25:33,227
Uh, we'll move forward
with the manslaughter charge,
584
00:25:33,270 --> 00:25:36,796
and you risk a sentence of 15 years.
585
00:25:36,839 --> 00:25:38,449
Jason used you, Max.
586
00:25:38,493 --> 00:25:41,452
It's time to look out
for your own interests.
587
00:25:49,330 --> 00:25:51,201
My client will agree to cooperate
588
00:25:51,245 --> 00:25:52,768
but only if you dismiss all charges.
589
00:25:52,812 --> 00:25:55,031
No reckless endangerment, no probation.
590
00:25:55,075 --> 00:25:57,599
And he walks today.
591
00:25:59,775 --> 00:26:01,385
We still haven't found the video
592
00:26:01,429 --> 00:26:02,604
of Eli kicking in the door.
593
00:26:02,648 --> 00:26:04,301
Do you have access to that?
594
00:26:06,425 --> 00:26:07,628
Yeah.
595
00:26:07,653 --> 00:26:09,045
All right.
596
00:26:09,089 --> 00:26:10,394
Hand that over to the police.
597
00:26:10,438 --> 00:26:11,831
We got a deal.
598
00:26:11,874 --> 00:26:13,746
Fine.
599
00:26:13,789 --> 00:26:15,617
You know, Jason isn't a bad guy.
600
00:26:15,661 --> 00:26:17,576
I mean, I was a young punk
601
00:26:17,619 --> 00:26:20,317
when he brought me to the house,
602
00:26:20,361 --> 00:26:24,060
and he made me famous.
603
00:26:24,104 --> 00:26:25,758
Now everyone knows who I am.
604
00:26:33,809 --> 00:26:36,203
If you're looking for Max,
he isn't here.
605
00:26:36,246 --> 00:26:37,508
Yeah, we know.
606
00:26:37,552 --> 00:26:39,474
Then what do you want?
607
00:26:39,499 --> 00:26:41,991
Well, for starters, you can put
your hands behind your back.
608
00:26:42,035 --> 00:26:43,210
- Jason Wheeler...
- What the hell?
609
00:26:43,253 --> 00:26:44,428
You're under arrest for manslaughter.
610
00:26:44,472 --> 00:26:46,866
Hey, make sure you get this.
Follow us out.
611
00:26:46,909 --> 00:26:48,781
Ow, ow!
You're hurt... you're hurting me.
612
00:26:48,824 --> 00:26:50,652
You're breaking my wrist.
613
00:26:50,696 --> 00:26:52,828
Be sure to tag the detectives
in the post.
614
00:26:52,872 --> 00:26:54,656
You have the right to remain silent.
615
00:26:54,700 --> 00:26:56,702
You might wanna take advantage of that.
616
00:27:00,836 --> 00:27:03,665
When I was a child,
I wanted to be an astronaut.
617
00:27:05,885 --> 00:27:08,496
These days, kids wanna be famous.
618
00:27:08,539 --> 00:27:11,717
Doesn't matter if they're
famous for curing cancer
619
00:27:11,760 --> 00:27:13,544
or kicking in doors.
620
00:27:13,588 --> 00:27:16,678
Fame is the endgame.
621
00:27:16,722 --> 00:27:19,986
That's... that's problematic,
622
00:27:20,029 --> 00:27:22,902
but what is more problematic
623
00:27:22,945 --> 00:27:25,992
is that there are predatory
adults like the defendant
624
00:27:26,035 --> 00:27:30,692
who used this desire
to manipulate children
625
00:27:30,736 --> 00:27:32,563
in order to make a fast buck.
626
00:27:32,607 --> 00:27:36,567
And then once he'd gotten them
away from their parents,
627
00:27:36,611 --> 00:27:38,134
he used them,
628
00:27:38,178 --> 00:27:41,064
coerced them into performing
629
00:27:41,088 --> 00:27:43,792
dangerous and deadly stunts.
630
00:27:43,836 --> 00:27:47,491
And as a result
of the defendant's actions,
631
00:27:47,535 --> 00:27:49,842
Eli Barone... a child,
632
00:27:49,885 --> 00:27:53,193
an aspiring actor who had
everything to live for...
633
00:27:53,236 --> 00:27:55,761
Is dead.
634
00:27:55,804 --> 00:27:59,721
I will ask you to hold him accountable
635
00:27:59,765 --> 00:28:01,984
and find him guilty.
636
00:28:11,167 --> 00:28:15,781
Eli Barone's death is tragic.
637
00:28:15,824 --> 00:28:19,045
But it's not my client's fault.
638
00:28:19,088 --> 00:28:21,917
Jason Wheeler was on a business trip
639
00:28:21,961 --> 00:28:23,484
when Eli died.
640
00:28:23,527 --> 00:28:26,835
He had absolutely nothing to do with it.
641
00:28:26,879 --> 00:28:30,839
If the prosecutor wants
his pound of flesh,
642
00:28:30,883 --> 00:28:32,928
he should go after Max Brewer.
643
00:28:32,972 --> 00:28:37,193
He's the one who recruited Eli
to do the stunt.
644
00:28:37,237 --> 00:28:40,675
Or they should prosecute Virgil Gilbert,
645
00:28:40,719 --> 00:28:42,982
the man who shot Eli.
646
00:28:44,810 --> 00:28:47,464
Or they should just accept
647
00:28:47,508 --> 00:28:50,990
Eli's death for what it was:
648
00:28:51,033 --> 00:28:54,036
a terrible tragedy.
649
00:28:57,561 --> 00:29:01,087
Mr. Price, you may
call your first witness.
650
00:29:02,828 --> 00:29:04,830
Eli Barone's body was found
651
00:29:04,873 --> 00:29:06,745
in the stairwell
of the apartment building.
652
00:29:06,788 --> 00:29:08,268
Did you determine who shot him?
653
00:29:08,311 --> 00:29:10,313
Yeah, the superintendent,
Virgil Gilbert.
654
00:29:10,357 --> 00:29:12,968
Did Mr. Gilbert tell you
why he fired his weapon?
655
00:29:13,012 --> 00:29:15,275
Eli had kicked in his door.
656
00:29:15,318 --> 00:29:17,756
Mr. Gilbert thought he was an intruder.
657
00:29:17,799 --> 00:29:19,279
Did someone film the incident?
658
00:29:19,322 --> 00:29:20,802
- Yeah.
- Did you obtain a copy
659
00:29:20,846 --> 00:29:22,586
- of that video?
- Objection!
660
00:29:22,630 --> 00:29:23,979
The video was obtained
661
00:29:24,023 --> 00:29:26,329
in violation of the Fourth
Amendment's protections
662
00:29:26,373 --> 00:29:28,375
against unlawful search and seizures.
663
00:29:28,418 --> 00:29:30,029
Your Honor.
664
00:29:30,072 --> 00:29:32,161
I'll hear you in chambers.
665
00:29:37,340 --> 00:29:41,605
How did Detective Cosgrove
obtain the video, Mr. Price?
666
00:29:41,649 --> 00:29:43,259
It was on Max Brewer's phone,
667
00:29:43,303 --> 00:29:45,131
which he voluntarily handed over.
668
00:29:45,174 --> 00:29:47,307
It wasn't his to give.
669
00:29:47,350 --> 00:29:51,006
My client purchased that phone.
I have the receipt.
670
00:29:51,050 --> 00:29:54,183
It's the property
of Jason Wheeler's LLC.
671
00:29:54,227 --> 00:29:55,881
Jason loaned it to Max.
672
00:29:55,924 --> 00:29:58,318
He fully expected to get it back.
673
00:29:58,361 --> 00:30:01,669
Um, the Fourth Amendment only applies
674
00:30:01,712 --> 00:30:03,932
to property that has been
seized by the government.
675
00:30:03,976 --> 00:30:05,238
By the defense's own assertion,
676
00:30:05,281 --> 00:30:07,022
the police didn't seize the phone.
677
00:30:07,066 --> 00:30:10,330
Max Brewer, private citizen, took it.
678
00:30:10,373 --> 00:30:13,376
Mr. Brewer wasn't acting
as a private citizen.
679
00:30:13,420 --> 00:30:14,769
How so?
680
00:30:14,813 --> 00:30:16,423
He was a cooperating witness,
681
00:30:16,466 --> 00:30:19,687
an agent of the government
when he turned over the phone.
682
00:30:19,730 --> 00:30:21,994
Therefore, the phone
was obtained illegally,
683
00:30:22,037 --> 00:30:24,605
and its contents must be suppressed.
684
00:30:26,302 --> 00:30:29,088
- I agree with Ms. Wallace.
- Your Honor...
685
00:30:29,131 --> 00:30:31,525
Your witnesses
will be allowed to testify
686
00:30:31,568 --> 00:30:34,963
to what they saw
when the door was kicked in,
687
00:30:35,007 --> 00:30:38,053
but you can't play the video.
688
00:30:42,971 --> 00:30:46,148
You saw Eli Barone kick in the door?
689
00:30:46,192 --> 00:30:49,717
I didn't know it was him
until after I shot him.
690
00:30:49,760 --> 00:30:51,066
Eli was a good kid.
691
00:30:51,110 --> 00:30:53,199
I feel terrible about what happened.
692
00:30:53,242 --> 00:30:54,722
Why'd you lie to the police
693
00:30:54,765 --> 00:30:57,986
and tell them that you found
his body in the stairwell?
694
00:30:58,030 --> 00:30:59,596
I didn't have a permit for the gun.
695
00:30:59,640 --> 00:31:01,424
You've been charged with that crime?
696
00:31:01,468 --> 00:31:02,904
Yes.
697
00:31:02,948 --> 00:31:05,037
Thank you. Nothing further.
698
00:31:13,262 --> 00:31:15,482
You liked Eli a lot, didn't you?
699
00:31:15,525 --> 00:31:17,223
I did.
700
00:31:17,266 --> 00:31:20,356
- Spent a lot of time with him?
- Yes.
701
00:31:20,400 --> 00:31:23,533
- Behind closed doors?
- Wait a minute.
702
00:31:23,577 --> 00:31:24,926
What the hell are you trying to...
703
00:31:24,970 --> 00:31:27,189
You had romantic feelings
for him, didn't you?
704
00:31:27,233 --> 00:31:28,495
- No.
- Objection.
705
00:31:28,538 --> 00:31:32,064
This is baseless
and inflammatory accusation.
706
00:31:32,107 --> 00:31:33,674
Overruled.
707
00:31:33,717 --> 00:31:35,328
Please answer the question.
708
00:31:35,371 --> 00:31:38,635
No, it wasn't like that. Not even close.
709
00:31:38,679 --> 00:31:40,233
Really?
710
00:31:43,945 --> 00:31:45,381
Objection.
711
00:31:45,425 --> 00:31:47,253
Overruled.
712
00:31:47,296 --> 00:31:48,776
Okay, that's not what it looks like.
713
00:31:48,819 --> 00:31:50,560
I was just teaching him
how to hold a baseball bat.
714
00:31:54,738 --> 00:31:56,088
Okay, his father just died.
715
00:31:56,131 --> 00:31:57,611
I was consoling him.
716
00:31:57,654 --> 00:32:00,527
Sir, isn't it true
that Eli kicked in your door
717
00:32:00,570 --> 00:32:03,791
because he wanted to confront
you about what you did to him,
718
00:32:03,834 --> 00:32:06,576
and you shot him because
you didn't want people to know?
719
00:32:06,620 --> 00:32:08,013
Objection. This is outrageous.
720
00:32:08,056 --> 00:32:09,971
Your objection is overruled.
721
00:32:10,015 --> 00:32:12,278
Answer the question.
722
00:32:12,321 --> 00:32:14,671
Look, I felt bad for Eli, okay?
723
00:32:14,715 --> 00:32:17,805
I lost my own father at a young age.
724
00:32:17,848 --> 00:32:19,981
I just treated him like family.
725
00:32:20,025 --> 00:32:21,983
Period.
726
00:32:23,767 --> 00:32:25,987
Nothing further.
727
00:32:26,031 --> 00:32:27,641
Given the hour, this is a good time
728
00:32:27,684 --> 00:32:29,251
to recess for the day.
729
00:32:29,295 --> 00:32:32,515
We'll reconvene tomorrow at 9:00 a.m.
730
00:32:33,821 --> 00:32:36,432
I can't believe
the judge let her do that,
731
00:32:36,476 --> 00:32:38,521
as if that guy
hasn't been through enough.
732
00:32:38,565 --> 00:32:41,481
Let's make sure Max Brewer
is ready to go tomorrow.
733
00:32:47,791 --> 00:32:48,792
Hey, Max.
734
00:32:51,447 --> 00:32:53,841
ADA wants us to give you
a ride to her office.
735
00:32:53,884 --> 00:32:55,060
What for?
736
00:32:55,103 --> 00:32:56,670
To prepare you for court tomorrow.
737
00:32:56,713 --> 00:32:58,454
It won't take long.
738
00:32:58,498 --> 00:33:00,326
We were just gonna grab a bite.
739
00:33:00,369 --> 00:33:02,197
Yeah, we can stop for food
on the way there.
740
00:33:02,241 --> 00:33:04,156
Maybe we can meet in the morning.
741
00:33:04,199 --> 00:33:06,506
Max, were you planning
on going somewhere?
742
00:33:06,549 --> 00:33:08,987
We've decided to take Max home.
743
00:33:09,030 --> 00:33:10,684
To Florida?
744
00:33:10,727 --> 00:33:12,251
We've got other kids.
745
00:33:12,294 --> 00:33:14,949
Yeah, well, this kid has
to be in court in the morning.
746
00:33:14,993 --> 00:33:16,451
I don't wanna do that anymore.
747
00:33:16,476 --> 00:33:17,999
Yeah, that's not how it works.
748
00:33:18,024 --> 00:33:20,520
See, he was subpoenaed,
so he has to appear.
749
00:33:20,563 --> 00:33:22,478
And it's part
of your cooperation agreement.
750
00:33:22,522 --> 00:33:24,263
So if you don't show up, that goes away.
751
00:33:24,306 --> 00:33:26,352
- Do you get that?
- We talked to our lawyer.
752
00:33:26,395 --> 00:33:28,354
She said we don't have to
cooperate if we don't want to.
753
00:33:28,397 --> 00:33:30,486
Yeah, let me guess,
you spoke with the same lawyer
754
00:33:30,530 --> 00:33:32,227
who represents Jason Wheeler?
755
00:33:32,271 --> 00:33:33,359
That's right.
756
00:33:33,402 --> 00:33:34,708
Yeah, come on. Let's go, Max.
757
00:33:34,751 --> 00:33:36,188
Okay, leave him alone.
758
00:33:36,231 --> 00:33:37,232
We promise to get him to court tomorrow.
759
00:33:37,276 --> 00:33:39,365
Step aside. Out of the way.
760
00:33:39,408 --> 00:33:41,715
We would love to believe you,
but we don't.
761
00:33:41,758 --> 00:33:43,369
Max, we're holding you for court
762
00:33:43,412 --> 00:33:45,023
on a material witness order.
763
00:33:45,066 --> 00:33:46,589
Let's go.
764
00:33:54,075 --> 00:33:55,250
Nolan.
765
00:33:55,294 --> 00:33:57,383
Max Brewer is in custody,
766
00:33:57,426 --> 00:33:58,775
but he's holding firm.
767
00:33:58,819 --> 00:34:00,603
Yes, I think I know why.
768
00:34:00,647 --> 00:34:01,952
Cosgrove found out
769
00:34:01,996 --> 00:34:05,521
that Max's parents went
to Rikers last night.
770
00:34:05,565 --> 00:34:06,783
To see Jason Wheeler?
771
00:34:06,827 --> 00:34:08,871
They spent an hour
and 47 minutes with him.
772
00:34:08,916 --> 00:34:12,005
So I subpoenaed everyone's bank records.
773
00:34:12,050 --> 00:34:14,791
Three hours after
Max's parents left Rikers,
774
00:34:14,835 --> 00:34:17,098
- there was a money transfer.
- Of course there was.
775
00:34:17,141 --> 00:34:19,840
A million dollars wired
from the business entity,
776
00:34:19,882 --> 00:34:21,362
controlled by Jason Wheeler,
777
00:34:21,407 --> 00:34:23,103
to Max's parents' account.
778
00:34:24,975 --> 00:34:28,109
So you're asserting
that the money was a bribe?
779
00:34:28,152 --> 00:34:31,025
That is the only logical
conclusion one can draw.
780
00:34:31,069 --> 00:34:33,071
A million dollars changed hands,
781
00:34:33,114 --> 00:34:36,161
and lo and behold, Max Brewer
is refusing to cooperate?
782
00:34:36,204 --> 00:34:37,466
That wasn't a bribe.
783
00:34:37,510 --> 00:34:39,641
It was payment of money
owed to the family.
784
00:34:39,686 --> 00:34:40,687
Money for what?
785
00:34:40,730 --> 00:34:41,818
Max's participation
786
00:34:41,862 --> 00:34:43,168
in the content house.
787
00:34:43,210 --> 00:34:46,562
His earnings, his share
of the sponsorship deals.
788
00:34:46,606 --> 00:34:47,911
He's still a minor,
789
00:34:47,955 --> 00:34:49,565
so his share was paid to his parents
790
00:34:49,609 --> 00:34:50,914
to hold for him in trust.
791
00:34:50,958 --> 00:34:52,219
Can you back this up?
792
00:34:52,264 --> 00:34:54,309
There was a preexisting contract.
793
00:34:55,918 --> 00:34:58,139
It's all in the financial agreement,
794
00:34:58,183 --> 00:35:00,010
which predates my client's arrest.
795
00:35:00,054 --> 00:35:02,883
This is nothing but a
bold-faced to subvert our case.
796
00:35:02,926 --> 00:35:04,276
What are you asking me to do?
797
00:35:04,319 --> 00:35:06,104
Instruct the jury that the reason
798
00:35:06,147 --> 00:35:07,975
our key witness is refusing to cooperate
799
00:35:08,018 --> 00:35:09,933
is the defense engaged in bribery
800
00:35:09,977 --> 00:35:11,109
and witness tampering,
801
00:35:11,152 --> 00:35:12,936
hold the defendant in contempt,
802
00:35:12,980 --> 00:35:15,983
and give me time to issue
a superseding indictment.
803
00:35:16,026 --> 00:35:17,593
The defense has given
804
00:35:17,637 --> 00:35:19,987
a legitimate explanation
for the payment,
805
00:35:20,030 --> 00:35:22,337
and it's supported by documents.
806
00:35:22,381 --> 00:35:24,470
So your application is denied.
807
00:35:24,513 --> 00:35:27,690
The show will go on.
808
00:35:27,734 --> 00:35:29,736
We had a deal.
809
00:35:29,779 --> 00:35:31,564
I changed my mind.
810
00:35:31,607 --> 00:35:33,131
You signed a cooperation agreement.
811
00:35:33,174 --> 00:35:35,437
It's binding and enforceable.
812
00:35:37,744 --> 00:35:40,181
There will be consequences.
Do you not understand that?
813
00:35:40,225 --> 00:35:41,922
Max is willing to plead guilty.
814
00:35:41,965 --> 00:35:43,141
Reckless endangerment.
815
00:35:43,184 --> 00:35:45,055
That's not on the table anymore.
816
00:35:45,099 --> 00:35:47,710
You don't seem to hear what I'm saying.
817
00:35:47,754 --> 00:35:49,451
I will revoke your bail,
818
00:35:49,495 --> 00:35:50,974
send you back to Rikers,
819
00:35:51,018 --> 00:35:53,977
and move forward
on a charge of manslaughter.
820
00:35:54,021 --> 00:35:55,327
They're just blowing smoke.
821
00:35:55,370 --> 00:35:57,677
No, we're serious!
822
00:35:59,896 --> 00:36:02,160
Well, I'm sorry. I can't do it.
823
00:36:03,291 --> 00:36:06,599
I know you think it's about the money,
but it's not.
824
00:36:06,642 --> 00:36:09,689
No one thinks Jason should go to jail.
825
00:36:09,732 --> 00:36:11,169
If I testify against him,
826
00:36:11,212 --> 00:36:13,127
the content house will turn against me.
827
00:36:13,171 --> 00:36:15,695
I'll lose all my followers.
828
00:36:15,738 --> 00:36:17,479
Don't worry, Max.
829
00:36:17,523 --> 00:36:20,613
Jury ain't gonna blame you
for any of this. I promise.
830
00:36:20,656 --> 00:36:22,397
Max didn't mean for anyone to die.
831
00:36:22,441 --> 00:36:24,965
The jury will see that.
832
00:36:25,008 --> 00:36:26,662
This may not be about money for Max,
833
00:36:26,706 --> 00:36:27,924
but it is for you.
834
00:36:27,968 --> 00:36:30,013
You are selling out your child's future.
835
00:36:30,057 --> 00:36:31,841
He could go to prison for 15 years.
836
00:36:31,885 --> 00:36:33,103
I think we're done here.
837
00:36:35,976 --> 00:36:37,717
Don't be foolish, all right?
838
00:36:37,760 --> 00:36:39,109
This isn't the virtual world.
839
00:36:39,153 --> 00:36:40,850
This is the real world.
840
00:36:40,894 --> 00:36:42,200
If you don't testify,
841
00:36:42,243 --> 00:36:45,855
I am going to prosecute you
for manslaughter.
842
00:36:51,731 --> 00:36:53,428
What are you gonna do?
843
00:36:53,472 --> 00:36:54,864
I don't know.
844
00:36:54,908 --> 00:36:57,606
But I'm not gonna let
an ill-advised teenager
845
00:36:57,650 --> 00:37:01,262
derail a homicide case
against a predatory offender.
846
00:37:01,306 --> 00:37:04,874
This guy preys
on vulnerable, young kids.
847
00:37:04,918 --> 00:37:07,703
He knowingly
puts their lives in jeopardy.
848
00:37:07,747 --> 00:37:09,879
You know, he doesn't care
if they get seriously injured
849
00:37:09,923 --> 00:37:11,925
- or die.
- No argument here.
850
00:37:11,968 --> 00:37:14,319
Wheeler is a threat to public safety.
851
00:37:14,362 --> 00:37:17,365
Problem is you've lost
your causal connection.
852
00:37:17,409 --> 00:37:21,630
You can't hook Wheeler
without Max Brewer's testimony.
853
00:37:21,674 --> 00:37:24,198
Might be time to offer a deal.
854
00:37:24,242 --> 00:37:25,939
Yeah, well, beyond that,
855
00:37:25,982 --> 00:37:27,897
Wheeler has no reason
to entertain a plea.
856
00:37:27,941 --> 00:37:30,770
The odds of acquittal
are clearly in his favor.
857
00:37:30,813 --> 00:37:33,903
Then find something or someone
858
00:37:33,947 --> 00:37:36,254
to use as leverage against him.
859
00:37:39,257 --> 00:37:40,910
I signed a nondisclosure.
860
00:37:40,954 --> 00:37:42,825
No, that doesn't matter.
861
00:37:42,869 --> 00:37:46,264
It's not enforceable in criminal court.
862
00:37:46,307 --> 00:37:47,787
Maybe...
863
00:37:49,354 --> 00:37:52,879
But my family
doesn't have a lot of money,
864
00:37:52,922 --> 00:37:56,578
and Jason is paying
for my healthcare, so...
865
00:37:56,622 --> 00:37:59,799
Think about all the other
kids you'll be helping,
866
00:37:59,842 --> 00:38:01,279
the ones who've been hurt
867
00:38:01,322 --> 00:38:04,369
and the ones who could
be hurt in the future.
868
00:38:04,412 --> 00:38:07,633
If anyone knows what a monster
this guy is, it's you.
869
00:38:07,676 --> 00:38:11,027
You can stop him.
870
00:38:13,465 --> 00:38:14,814
Okay.
871
00:38:14,857 --> 00:38:17,295
Yes.
872
00:38:17,338 --> 00:38:19,993
But I don't really understand
how I can help.
873
00:38:20,036 --> 00:38:23,170
I didn't see that kid, Eli, get killed.
874
00:38:23,213 --> 00:38:26,347
That doesn't matter.
It's not what we need you for.
875
00:38:31,047 --> 00:38:34,877
This is a sworn affidavit
from Amber Koenig,
876
00:38:34,921 --> 00:38:37,880
the woman you forced
to climb a skyscraper.
877
00:38:37,924 --> 00:38:40,187
I didn't force her to do anything.
She wanted to do it.
878
00:38:40,230 --> 00:38:41,841
I have the contract.
879
00:38:41,884 --> 00:38:43,408
She signed it when she was a minor
880
00:38:43,451 --> 00:38:45,932
without anyone to properly advise her.
881
00:38:45,975 --> 00:38:47,325
It's totally one-sided.
882
00:38:47,368 --> 00:38:50,415
Huge penalties for failing
to generate followers.
883
00:38:50,458 --> 00:38:53,069
Requirements of the level of danger
884
00:38:53,113 --> 00:38:54,680
and the stunts she had to perform.
885
00:38:54,723 --> 00:38:56,116
An eviction clause.
886
00:38:56,159 --> 00:38:57,813
A nondisclosure agreement.
887
00:38:57,857 --> 00:38:58,988
Yeah, she also told us
888
00:38:59,032 --> 00:39:01,687
about other kids who have bene injured.
889
00:39:01,730 --> 00:39:03,341
In fact, I just got off the phone
890
00:39:03,384 --> 00:39:05,604
with the parents of a young man
who was severely injured
891
00:39:05,647 --> 00:39:08,955
during one of your so-called
blackout challenges.
892
00:39:08,998 --> 00:39:11,740
He's been in a coma
for the past four months.
893
00:39:11,784 --> 00:39:14,090
Here are their affidavits.
894
00:39:14,134 --> 00:39:16,310
I'm guessing there are a lot more.
895
00:39:16,354 --> 00:39:18,530
And we are just getting started.
896
00:39:25,058 --> 00:39:26,842
What's your offer?
897
00:39:26,886 --> 00:39:28,888
Plead guilty to man two.
898
00:39:28,931 --> 00:39:31,194
- Serve ten years.
- Ten years?
899
00:39:31,238 --> 00:39:33,109
And in exchange, I will agree
900
00:39:33,153 --> 00:39:36,156
not to move forward on any other cases.
901
00:39:36,199 --> 00:39:37,723
And if I say no?
902
00:39:37,766 --> 00:39:40,029
Then we'll keep investigating.
903
00:39:40,073 --> 00:39:42,292
And some day very soon,
I will find a way
904
00:39:42,336 --> 00:39:45,557
to charge you
with several class A felonies.
905
00:39:45,600 --> 00:39:47,080
I will do my very best
906
00:39:47,123 --> 00:39:50,518
to make sure you spend the
rest of your life in prison.
907
00:39:54,957 --> 00:39:57,220
Mr. Wheeler, I find that your plea
908
00:39:57,264 --> 00:40:00,223
has been made knowingly and voluntarily,
909
00:40:00,267 --> 00:40:03,488
and I accept
the agreed-upon recommendation.
910
00:40:03,531 --> 00:40:07,927
I hereby sentence you
to serve not less than five,
911
00:40:07,970 --> 00:40:12,584
not more than ten years in
a state correctional facility.
912
00:40:20,722 --> 00:40:22,158
Thank you.
913
00:40:24,117 --> 00:40:26,598
We know this won't bring Eli back.
914
00:40:26,641 --> 00:40:29,601
Maybe it'll give you
some sense of closure.
915
00:40:34,954 --> 00:40:37,478
What are you gonna do about Max?
916
00:40:37,522 --> 00:40:39,088
Prosecute him.
917
00:40:39,132 --> 00:40:41,003
For manslaughter?
918
00:40:41,047 --> 00:40:43,223
A deal's a deal.
919
00:40:55,161 --> 00:40:59,161
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66514
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