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Previously on In Contempt...
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Jackson Allen Whitmore
of Washington Heights
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is accused of shooting
Officer Jacob Lockman.
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Ms. Hastings recently joined
our office, Your Honor.
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Interesting.
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You need to get you some groceries
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and for God's sake you need
to leave that Flame bolt alone,
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that stuff will kill you.
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Officer, isn'ttt
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You do have a small arrhythmia
and your blood pressure
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was through the roof when you came in.
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Franklin!
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Franklin, it's me, Gwen!
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The disciplinary committee?
They're investigating you?
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00:00:26,198 --> 00:00:27,509
So we gotta make an enemies list.
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Advance America Payday loans.
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Girl, they have called you four times.
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Why is it that you can't accept my help?
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You know you haven't
set foot in this building
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to come and see me in court?
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00:00:36,747 --> 00:00:38,748
Holy shit, Tessa? Campanelli?
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The statute says you
can't claim self-defense
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if you were resisting arrest.
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What if we argue that there
wasn't an actual arrest?
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- It was as assault.
- By whom?
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00:00:46,870 --> 00:00:47,939
The officer!
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So this guy gets out of his car,
just hits me on the chin,
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00:00:50,123 --> 00:00:51,324
so we fought!
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Did you file a police report?
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Yes, but he was a cop!
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I just broke up with Bennett.
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Oh, Honey,
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then this is gonna really
make you feel terrible.
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Come on! It's ridiculous.
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It's a rap video!
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Shakespeare wrote Macbeth,
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it don't make him a murderer.
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I don't know, it's not good.
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It obviously says
something about the guy.
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Morning, Gwen.
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Who writes lyrics about killing cops?
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Sounds like a pretty violent person.
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A lot of people on that jury
are thinking what you just said.
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00:01:30,664 --> 00:01:32,864
Gwen Sullivan cannot have
had a good night's sleep.
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It's bad, right?
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The song?
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- I wish we would've known.
- I'm sorry.
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It's not your fault we didn't find it
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but we need to know if
there's anything else.
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No, no I don't think so.
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- Are you sure?
- I don't know.
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I'm tryin' to think
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but I didn't think to
tell you about the video.
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Are we losin'?
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They did their side, now we have to
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- do ours.
- But are we losing?
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No, we're not losing.
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Guards in this shell keep sayin'
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dead man walking every time I walk by.
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Startin' to have
dreams about dyin' here.
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You listen to me.
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I'm not gonna let that happen.
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Not for talking back to a cop,
and not for defending yourself,
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it's not happening.
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We gotta give him breakfast.
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This case is not over Jackson.
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I need you to stay positive.
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Face me, hands in front.
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Synced & corrected by reggielist
www.MY-SUBS.com
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The cop never said you're
under arrest or anything
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he was just so angry,
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he grabbed the kid,
put him in a chokehold.
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Ugh, don't speculate, okay?
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You can describe what he was doing,
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or what he said to make you think
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that he was angry,
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but you can't say he was angry,
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because you can't really
know what he was thinking.
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Okay.
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How's she doin'?
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Pretty standard "mock cross",
she'll be fine.
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What about Ty?
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Hasn't shown up yet.
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I do not like this.
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You OK?
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Mmm, caffeine headache,
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I quit the Flame bolts.
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I think we should go
get him, can you go?
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Yes, boss.
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Chop chop.
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Ty, it's Charlie Riggs,
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from the public defender's office.
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Look, I know you don't wanna do this,
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but you're under subpoena.
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Why are you yelling? It's open.
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Excuse me?
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Are you here for the open house?
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Just take an application
from the counter,
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and leave it with the
building manager downstairs.
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Ma'am! The man who used to live here,
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Ty Ching, you know where he went?
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00:04:11,522 --> 00:04:13,828
He moved. California, I heard.
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- Immigration came to visit him.
- Immigration?
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- Mm hmm.
- Are you sure?
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That's what people say.
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All lives matter!
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We had a witness who would testify
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that Officer Lockman
assaulted him while off-duty.
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I've just been informed that
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witness has disappeared
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and I would like the court to ask
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the people about their
communication with him.
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What are you trying to say?
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I wanna know whether the people
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encouraged him to disappear.
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You wanna know if I
tampered with a witness
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and committed a felony?
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You're damn right I do.
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Did your office have any contact
with the witness, Mr. Dashay?
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Of course we did,
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00:04:51,239 --> 00:04:52,560
I had an investigator interview him.
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Did you happen to instruct
that investigator to talk
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about his legal status,
maybe in passing?
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No, I did not, and frankly,
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I find that insinuation insulting.
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Oh please.
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Judge, we took a video of
the witness's statement,
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he's unavailable, so we want to admit
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00:05:02,227 --> 00:05:03,704
that video into evidence.
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00:05:03,847 --> 00:05:04,948
He fled, he's not dead!
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The circumstances are reliable.
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Your Honor, this is classic hearsay.
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00:05:08,480 --> 00:05:10,024
The alleged incident was investigated
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by internal affairs and
determined to be unfounded.
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- This office, the client...
- A cop?
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Investigated by other cops,
found not responsible?
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00:05:16,836 --> 00:05:17,897
I'm so surprised.
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00:05:17,922 --> 00:05:19,234
We can't cross-examine a videotape.
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00:05:19,258 --> 00:05:20,727
Alright, alright, enough.
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I'm afraid Ms. Hastings is correct,
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the witness statement is hearsay.
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Your Honor, this testimony goes
directly to whether the officer
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was the initial aggressor.
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I have spoken.
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The witness statement is inadmissible.
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We're adjourned until this afternoon.
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All rise.
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Dad.
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00:05:48,371 --> 00:05:49,456
Hello, Honey.
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00:05:49,569 --> 00:05:50,737
I tried to call you,
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but you didn't answer.
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- I've been busy.
- And angry.
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I can't talk about this right now.
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- Did you?
- Did I what?
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00:06:03,988 --> 00:06:05,105
Intimidate their witness?
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00:06:05,138 --> 00:06:06,740
Depends on your
definition of intimidating.
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00:06:06,764 --> 00:06:08,145
Oh, don't play coy with me E.J.
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00:06:08,170 --> 00:06:10,481
Vena, stop acting like you're
still a defense attorney.
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00:06:10,542 --> 00:06:11,886
It's one thing to put all the evidence
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on table and let the truth shake out,
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it is another thing,
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to put your thumb on the scale.
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You remember your client?
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00:06:18,425 --> 00:06:19,862
The one that burnt
his girlfriend to death
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and killed a witness?
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You know what I had to do after
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you went and let him walk out the door?
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I had to talk to the families.
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That woman's mother.
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That witness's wife.
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Talk to me when you've had to do that
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a few dozen times.
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Gwen has never done anything unethical.
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Neither have I.
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I asked two cops to question a witness
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because that's my job.
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And if there is a
delightful side benefit
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to that, then great.
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00:06:41,141 --> 00:06:43,309
This is an adversarial process, Vanessa.
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It is, by definition,
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not a truth-seeking one.
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Both sides play hard,
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and throw elbows to win.
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00:06:50,083 --> 00:06:51,551
And sometimes, the truth shows up
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along the way, that's the game.
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Get used to it.
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This is actually really comfortable.
188
00:07:03,463 --> 00:07:06,133
You know, that stain kinda
looks like Michael Jackson.
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00:07:08,268 --> 00:07:09,570
I never noticed that.
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00:07:10,737 --> 00:07:13,207
I hate to say it, but
we might be in trouble.
191
00:07:13,840 --> 00:07:15,417
There's gotta be a way
we can prove that the cop
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00:07:15,441 --> 00:07:17,110
was violent and not Jackson.
193
00:07:18,143 --> 00:07:20,280
I looked at the Civilian
Review Panel Reports,
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00:07:20,313 --> 00:07:22,449
they didn't make any
statements we could use.
195
00:07:23,282 --> 00:07:25,672
What if Jackson
testifies he knew the cop,
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00:07:25,735 --> 00:07:27,588
and knew that he had a bad reputation.
197
00:07:27,787 --> 00:07:29,756
So we get it in to show
Jackson's state of mind?
198
00:07:29,789 --> 00:07:32,059
Jackson knew he should
be afraid of Lockman
199
00:07:32,092 --> 00:07:33,359
and reacted accordingly.
200
00:07:33,559 --> 00:07:35,528
Wait, did Jackson know the cop?
201
00:07:35,561 --> 00:07:36,696
He could.
202
00:07:37,297 --> 00:07:38,765
You know what? The gloves are off.
203
00:07:38,797 --> 00:07:40,299
He's facin' life without.
204
00:07:41,400 --> 00:07:43,369
All I'm saying it that it
could be a little risky.
205
00:07:43,744 --> 00:07:45,979
Jackson could end up
looking like a liar,
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00:07:46,247 --> 00:07:47,405
and if he goes down,
207
00:07:47,430 --> 00:07:48,830
he could turn on us and rat us out.
208
00:07:55,982 --> 00:07:57,117
Am I interrupting something?
209
00:07:57,417 --> 00:07:59,518
We're just planning Dashay's execution.
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00:07:59,552 --> 00:08:00,886
That's not a bad idea,
211
00:08:00,919 --> 00:08:02,121
'cause you got a problem.
212
00:08:07,960 --> 00:08:09,129
I can't use you now!
213
00:08:09,162 --> 00:08:10,297
You're compromised!
214
00:08:11,097 --> 00:08:12,466
It was $10,000.
215
00:08:12,732 --> 00:08:14,400
My son just got into private school,
216
00:08:14,434 --> 00:08:15,441
and we're struggling.
217
00:08:15,466 --> 00:08:16,824
We talked about this, Janine,
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00:08:16,849 --> 00:08:18,609
I told you people were
gonna offer you money.
219
00:08:18,666 --> 00:08:20,667
They promised that they were gonna wait
220
00:08:20,692 --> 00:08:21,902
until after I testified.
221
00:08:21,927 --> 00:08:23,862
Why on earth would they do that, Janine?
222
00:08:25,278 --> 00:08:26,580
I don't know.
223
00:08:35,821 --> 00:08:37,023
Damn it!
224
00:08:38,795 --> 00:08:40,260
She was the only witness!
225
00:08:40,659 --> 00:08:43,129
I feel like the universe
is conspiring against us!
226
00:08:43,216 --> 00:08:44,520
Okay, take a breath,
227
00:08:44,549 --> 00:08:45,585
tell me what you need.
228
00:08:45,610 --> 00:08:46,690
A Flame bolt!
229
00:08:46,715 --> 00:08:48,144
I'm sorry, I'm not gonna be your pusher.
230
00:08:48,168 --> 00:08:49,192
I hate you.
231
00:08:49,247 --> 00:08:50,604
I can live with that. Sit.
232
00:08:57,377 --> 00:08:59,012
We could still use Janine.
233
00:08:59,379 --> 00:09:01,348
And list it up front
that she sold her story.
234
00:09:01,380 --> 00:09:02,815
Thirty witnesses saw what happened!
235
00:09:02,849 --> 00:09:04,354
And everybody says something different!
236
00:09:04,378 --> 00:09:07,454
She's the only one who fully
backs up Jackson's story!
237
00:09:07,754 --> 00:09:09,697
She'll just look like she
made it up to get a payoff,
238
00:09:09,721 --> 00:09:11,657
and we'll look like liars by extension
239
00:09:11,691 --> 00:09:12,893
if we use her!
240
00:09:14,527 --> 00:09:16,864
I cannot lose this case, Tom.
241
00:09:17,363 --> 00:09:19,532
I cannot let him die in prison
242
00:09:19,566 --> 00:09:21,869
and do not tell me I'm too passionate!
243
00:09:24,458 --> 00:09:26,272
You're not gonna let him die in prison.
244
00:09:27,874 --> 00:09:30,505
We won't let him, okay?
245
00:09:31,424 --> 00:09:32,444
Now close your eyes.
246
00:09:32,478 --> 00:09:33,747
- Tom!
- No, close 'em.
247
00:09:36,174 --> 00:09:37,817
I want you to picture yourself,
248
00:09:38,317 --> 00:09:40,620
in a gym, boxing.
249
00:09:41,254 --> 00:09:43,123
You're opponent is Dashay.
250
00:09:43,922 --> 00:09:46,826
I want you to see yourself
beating the shit out of him.
251
00:09:47,125 --> 00:09:48,125
He's on the mat,
252
00:09:48,528 --> 00:09:49,562
you're standing over him,
253
00:09:49,595 --> 00:09:51,565
he's bloody, incoherent!
254
00:09:53,966 --> 00:09:56,335
Now, open your eyes.
255
00:09:57,336 --> 00:09:58,905
And tell me your next move.
256
00:10:03,243 --> 00:10:04,845
We leak Ty's story to the press.
257
00:10:05,143 --> 00:10:07,379
Look, I know I can get
held in contempt again,
258
00:10:07,412 --> 00:10:10,049
I know I can get banned again,
I don't care.
259
00:10:10,350 --> 00:10:11,851
We got witnesses dropping like flies,
260
00:10:11,884 --> 00:10:13,452
Judge Adler is the least of my worries,
261
00:10:13,485 --> 00:10:15,254
- I just wanna get this...
- Settle down!
262
00:10:16,221 --> 00:10:18,424
I was gonna offer to leak it for you.
263
00:10:23,095 --> 00:10:24,498
Welcome back!
264
00:10:25,697 --> 00:10:27,266
Now let's crush them.
265
00:10:40,681 --> 00:10:43,330
Hey! Yes, I saw your text,
266
00:10:43,363 --> 00:10:45,447
but I ignored them, do you
wanna know why, Sugar?
267
00:10:45,509 --> 00:10:48,522
Because like I said, the
way this works is I call you
268
00:10:48,555 --> 00:10:50,291
if I want, when I want, okay?
269
00:10:50,324 --> 00:10:52,059
You don't call me or text, or anything,
270
00:10:52,091 --> 00:10:53,122
do you got it?
271
00:10:53,151 --> 00:10:54,753
Good, bye-bye now.
272
00:10:55,695 --> 00:10:56,763
Man!
273
00:10:58,699 --> 00:11:00,367
Judge Dodson, Judge Fordman,
274
00:11:00,399 --> 00:11:02,168
Vanessa, what game is this?
275
00:11:02,201 --> 00:11:03,439
Smash, marry, kill?
276
00:11:03,464 --> 00:11:05,834
Are my supervisor
right now or my friend?
277
00:11:06,907 --> 00:11:08,075
Friend.
278
00:11:09,242 --> 00:11:11,378
I slept with Dodson,
tampered with a jury,
279
00:11:11,411 --> 00:11:14,214
and somebody reported me
to the bar association.
280
00:11:14,748 --> 00:11:18,819
Hmm, so... suspects?
281
00:11:20,720 --> 00:11:22,322
Really, Judge Myers?
282
00:11:22,362 --> 00:11:24,332
Honey, it's his mustache.
283
00:11:24,358 --> 00:11:25,358
Okay.
284
00:11:26,125 --> 00:11:27,294
And what is that?
285
00:11:27,627 --> 00:11:28,929
Well, according to Gwen,
286
00:11:28,961 --> 00:11:30,730
I might have somebody in my blind spot.
287
00:11:30,763 --> 00:11:31,965
Maybe.
288
00:11:33,867 --> 00:11:35,102
Not to state the obvious,
289
00:11:35,134 --> 00:11:36,744
but listening to you on the telephone
290
00:11:36,769 --> 00:11:39,339
are you sure it's not
some guy that you screwed
291
00:11:39,373 --> 00:11:40,541
and then screwed over?
292
00:11:40,574 --> 00:11:42,343
Oh shit, you think?
293
00:12:06,532 --> 00:12:07,567
Damn.
294
00:12:08,103 --> 00:12:09,428
You're my hero.
295
00:12:09,488 --> 00:12:12,167
I'm ahh, gonna leave you to it.
296
00:12:21,480 --> 00:12:22,894
Hey! Kyle?
297
00:12:22,919 --> 00:12:24,054
Yeah, it's me, Honey.
298
00:12:24,079 --> 00:12:27,159
Uhm, I was just wondering, are we good?
299
00:12:27,214 --> 00:12:29,522
I mean, you're not still upset, are you?
300
00:12:34,235 --> 00:12:35,802
The court officer saw this
301
00:12:35,827 --> 00:12:37,931
sticking out of Juror No. 5's purse.
302
00:12:38,349 --> 00:12:39,851
Do you wanna tell me
who's responsible for it?
303
00:12:39,875 --> 00:12:40,975
It wasn't me, Judge.
304
00:12:41,000 --> 00:12:42,677
Oh come on, who else
would benefit from this?
305
00:12:42,701 --> 00:12:43,951
Wow, that is the same question
306
00:12:43,976 --> 00:12:45,708
I asked myself when
my witness disappeared.
307
00:12:45,733 --> 00:12:48,036
I'm requesting Juror No. 5 be dismissed,
Your Honor.
308
00:12:48,307 --> 00:12:49,777
Why? The jury's not sequestered?
309
00:12:49,810 --> 00:12:50,978
Ah-ha, they are now.
310
00:12:51,011 --> 00:12:52,279
- Your Honor...
- Enough!
311
00:12:52,812 --> 00:12:54,247
I've had it with both of you.
312
00:12:54,748 --> 00:12:57,384
Juror No. 5 is dismissed.
313
00:12:57,850 --> 00:13:00,053
And I'll have colloquy
with the entire panel
314
00:13:00,086 --> 00:13:01,788
to see if anyone else saw it.
315
00:13:02,155 --> 00:13:04,592
Now, call your first witness.
316
00:13:09,095 --> 00:13:10,630
I just had done a topside 360
317
00:13:10,663 --> 00:13:11,974
and when I landed I saw the officer
318
00:13:11,998 --> 00:13:13,801
coming towards me, so I slowed down
319
00:13:13,834 --> 00:13:16,136
but I didn't hear anything
'cause I had my headphones in.
320
00:13:16,168 --> 00:13:17,403
Did you stop?
321
00:13:17,428 --> 00:13:19,063
Yeah, when he took my headphones off,
322
00:13:19,088 --> 00:13:20,296
he was screamin' at me.
323
00:13:20,321 --> 00:13:22,117
Askin' me, why I
wasn't listening to him.
324
00:13:22,142 --> 00:13:23,382
I told him I couldn't hear,
325
00:13:23,743 --> 00:13:25,879
and then he said, can you hear me now?
326
00:13:26,879 --> 00:13:28,214
I was nervous so I laughed,
327
00:13:28,714 --> 00:13:29,954
'cause you know the commercial?
328
00:13:30,216 --> 00:13:32,151
Anyway, he just started screaming at me
329
00:13:32,185 --> 00:13:34,121
and callin' me a punk and disrespectful,
330
00:13:34,270 --> 00:13:35,903
and, and then he grabbed me by the arm
331
00:13:35,928 --> 00:13:37,272
and started pulling me and I pulled back
332
00:13:37,296 --> 00:13:38,444
and asked what I did,
333
00:13:38,469 --> 00:13:39,569
and he went ballistic from there.
334
00:13:39,593 --> 00:13:40,593
What do you mean?
335
00:13:41,261 --> 00:13:42,405
He tried to grab my skateboard,
336
00:13:42,429 --> 00:13:43,898
then he put me in a headlock,
337
00:13:44,330 --> 00:13:45,498
then we were on the ground,
338
00:13:45,532 --> 00:13:46,705
and he kept choking me.
339
00:13:46,879 --> 00:13:48,639
I kept tryin' to tell
him I wasn't resisting.
340
00:13:49,002 --> 00:13:50,137
I don't know,
341
00:13:50,737 --> 00:13:52,539
I was getting limp
and I couldn't breathe,
342
00:13:52,571 --> 00:13:53,773
I thought I was gonna die.
343
00:13:53,806 --> 00:13:54,807
So what did you do?
344
00:13:54,840 --> 00:13:56,142
He was kinda flailin' so,
345
00:13:56,509 --> 00:13:58,078
I felt his gun and I pulled on it,
346
00:13:59,479 --> 00:14:01,282
that was just the
instinct to get him off me.
347
00:14:02,181 --> 00:14:03,383
But the gun went off.
348
00:14:04,416 --> 00:14:05,820
Look, I wasn't tryin' to kill him.
349
00:14:06,051 --> 00:14:07,296
I was just tryin' to save myself,
350
00:14:07,320 --> 00:14:08,680
I thought it was either him or me.
351
00:14:09,256 --> 00:14:10,657
Jackson, did Officer Lockman
352
00:14:10,690 --> 00:14:12,560
ever tell you that
you were under arrest?
353
00:14:12,892 --> 00:14:13,927
No, he didn't.
354
00:14:16,530 --> 00:14:18,132
No further questions.
355
00:14:24,003 --> 00:14:26,572
Mr. Whitmore, you knew
that skateboarding was
356
00:14:26,605 --> 00:14:29,710
illegal in Washington Heights
Community Plaza, didn't you?
357
00:14:29,910 --> 00:14:31,211
Yeah, but everybody does it.
358
00:14:31,243 --> 00:14:32,620
So when Officer Lockman stopped you,
359
00:14:32,644 --> 00:14:33,955
you knew why he stopped you,
360
00:14:33,980 --> 00:14:35,513
it's because you did
something illegal, right?
361
00:14:35,537 --> 00:14:37,306
- I guess.
- Yes or no?
362
00:14:37,734 --> 00:14:38,799
Yes.
363
00:14:38,848 --> 00:14:40,829
So when he took your arm,
and you pulled away
364
00:14:40,854 --> 00:14:42,854
it's because you didn't
wanna go with him, correct?
365
00:14:42,918 --> 00:14:44,448
I don't think I was thinking anything,
366
00:14:44,473 --> 00:14:46,066
I just thought he was
pullin' my arm really hard
367
00:14:46,090 --> 00:14:47,995
and I reacted by pullin' my arm back.
368
00:14:48,394 --> 00:14:49,896
You testified and said,
369
00:14:50,129 --> 00:14:51,474
"What did I do?" to Officer Lockman,
370
00:14:51,498 --> 00:14:52,866
but you know what you had done?
371
00:14:52,898 --> 00:14:54,414
You had committed a crime, hadn't you?
372
00:14:54,438 --> 00:14:56,574
Well, I guess, but I didn't
think I deserved to be...
373
00:14:56,722 --> 00:14:58,091
To what, to be arrested?
374
00:14:58,171 --> 00:14:59,672
- No.
- Really?
375
00:15:01,963 --> 00:15:04,266
Stop resisting!
376
00:15:04,291 --> 00:15:05,660
I'm not resisting!
377
00:15:05,685 --> 00:15:06,965
- Stay down!
- I'm not resisting!
378
00:15:07,910 --> 00:15:09,110
I'm not resisting!
379
00:15:10,050 --> 00:15:11,919
Mr. Whitmore, that is an interesting
380
00:15:11,951 --> 00:15:13,085
choice of words, isn't it?
381
00:15:13,118 --> 00:15:14,354
I'm not resisting.
382
00:15:14,588 --> 00:15:15,623
I don't know.
383
00:15:15,921 --> 00:15:17,190
You didn't say "get off me",
384
00:15:17,224 --> 00:15:18,492
or "what are you doin'?",
385
00:15:18,524 --> 00:15:20,533
or "stop, you're hurting me", did you?
386
00:15:20,558 --> 00:15:21,594
No.
387
00:15:21,628 --> 00:15:23,162
You said, I'm not resisting.
388
00:15:23,195 --> 00:15:24,617
What exactly were you not resisting?
389
00:15:24,641 --> 00:15:25,643
He was beating me up.
390
00:15:25,668 --> 00:15:26,736
Well, you didn't say stop,
391
00:15:26,761 --> 00:15:27,949
you're beating me up, did you?
392
00:15:27,973 --> 00:15:29,252
- He was choking me.
- You didn't say,
393
00:15:29,276 --> 00:15:30,605
"stop, you're choking me", did you?
394
00:15:30,629 --> 00:15:31,681
I thought he was gonna kill me.
395
00:15:31,705 --> 00:15:32,772
You didn't say stop,
396
00:15:32,806 --> 00:15:34,508
you're gonna kill me, did you?
397
00:15:35,129 --> 00:15:36,142
No.
398
00:15:36,176 --> 00:15:37,444
So stop resisting arrest
399
00:15:37,477 --> 00:15:39,079
is the only thing that he could've said
400
00:15:39,112 --> 00:15:40,981
for you to say, "I'm not resisting"?
401
00:15:41,410 --> 00:15:42,599
I'm not sure.
402
00:15:42,624 --> 00:15:44,618
Well he didn't say, "Sit down", did he?
403
00:15:44,651 --> 00:15:46,652
- Well, I don't... No.
- Yes or no.
404
00:15:46,686 --> 00:15:48,656
He didn't say,
"I need to talk to you", did he?
405
00:15:48,966 --> 00:15:50,400
- Yes or no?
- No.
406
00:15:50,425 --> 00:15:52,528
He didn't say,
"Stop messing around", did he?
407
00:15:53,413 --> 00:15:54,813
- Yes or no?
- No.
408
00:15:54,846 --> 00:15:56,949
He said,
"You're under arrest", didn't he?
409
00:15:57,497 --> 00:15:58,497
Didn't he?
410
00:15:59,431 --> 00:16:01,100
I don't, I don't, I don't remember.
411
00:16:02,969 --> 00:16:04,371
I have nothing further.
412
00:16:13,485 --> 00:16:14,606
We don't have a case.
413
00:16:14,631 --> 00:16:16,053
Hate to admit it, but Dashay has a point
414
00:16:16,077 --> 00:16:17,512
with this "I'm not resisting".
415
00:16:18,551 --> 00:16:20,802
Do not tell me there's
a Flame bolt in that bag.
416
00:16:20,827 --> 00:16:22,036
I'm not drinking it,
417
00:16:22,061 --> 00:16:23,472
I'm just carrying it around
like maybe this caffeine
418
00:16:23,496 --> 00:16:24,856
will seep into my skin by osmosis.
419
00:16:25,190 --> 00:16:26,225
You need help.
420
00:16:26,258 --> 00:16:27,493
Okay, you've a problem.
421
00:16:27,527 --> 00:16:28,758
That's what I'm sayin'.
422
00:16:28,783 --> 00:16:31,119
No he means we have a problem, Sherlock.
And we do.
423
00:16:31,498 --> 00:16:32,766
You lost your eyewitness,
424
00:16:32,798 --> 00:16:34,243
you have no proof of excessive force,
425
00:16:34,267 --> 00:16:36,273
other than Jackson's testimony,
426
00:16:36,298 --> 00:16:38,338
and Dashay flipped
even that against you.
427
00:16:38,466 --> 00:16:39,685
We need to shift gears,
428
00:16:39,710 --> 00:16:41,130
we keep trying to argue that
429
00:16:41,155 --> 00:16:42,354
there was never an arrest,
430
00:16:42,379 --> 00:16:43,733
and he just straight
up assaulted Jackson,
431
00:16:43,757 --> 00:16:44,951
but what if we let that go?
432
00:16:44,976 --> 00:16:46,341
Then how do we argue self-defense?
433
00:16:46,366 --> 00:16:48,779
Hold up, why are you
lettin' her drink that?
434
00:16:49,114 --> 00:16:50,151
No!
435
00:16:50,176 --> 00:16:51,190
Good reflexes.
436
00:16:51,333 --> 00:16:52,669
It was instinctual.
437
00:16:57,209 --> 00:16:58,658
Shh, shh, she's thinking.
438
00:16:58,842 --> 00:17:00,826
Just holding the
bottle gives her energy.
439
00:17:00,928 --> 00:17:03,896
Jackson kept saying shooting
Lockman was instinctual.
440
00:17:04,401 --> 00:17:05,865
What if we actually argued that?
441
00:17:05,994 --> 00:17:08,135
Like it was a human survival response.
442
00:17:08,168 --> 00:17:10,237
Like when people panic
in a fire and someone dies
443
00:17:10,393 --> 00:17:11,739
no one meant to kill anyone.
444
00:17:12,037 --> 00:17:13,039
Is that a defense?
445
00:17:13,073 --> 00:17:14,275
Human survival response?
446
00:17:14,540 --> 00:17:16,375
- It is now.
- It would be arguing
447
00:17:16,409 --> 00:17:17,678
lack of intent to kill.
448
00:17:17,753 --> 00:17:19,246
Yeah but we give it a fancy name.
449
00:17:19,278 --> 00:17:21,382
So what do we do? Get an expert?
450
00:17:22,659 --> 00:17:25,285
Yeah, but not the kind
you're thinking of.
451
00:17:25,317 --> 00:17:26,487
A lifeguard?
452
00:17:26,628 --> 00:17:28,753
To testify as to human
survival response?
453
00:17:28,778 --> 00:17:29,862
Are you kidding me?
454
00:17:29,887 --> 00:17:31,657
Judge the statute says that a defendant
455
00:17:31,718 --> 00:17:33,172
cannot use force to resist an arrest.
456
00:17:33,196 --> 00:17:34,837
My client didn't shoot Officer Lockman
457
00:17:34,862 --> 00:17:35,895
to resist an arrest,
458
00:17:35,929 --> 00:17:37,264
he was reacting instinctively,
459
00:17:37,463 --> 00:17:39,465
we're arguing that he
didn't have intent to kill.
460
00:17:40,299 --> 00:17:42,568
You have to admit, that's a creative way
461
00:17:42,602 --> 00:17:44,871
to illustrate lack of intent, Counselor.
462
00:17:45,026 --> 00:17:46,605
This is a murder trial, Your Honor,
463
00:17:46,631 --> 00:17:47,993
not a creativity contest.
464
00:17:48,018 --> 00:17:49,942
And with all due respect,
it's not funny.
465
00:17:50,309 --> 00:17:52,311
You know what else is
not funny, Counselor?
466
00:17:52,344 --> 00:17:54,047
Life without parole.
467
00:17:54,546 --> 00:17:57,017
I shall afford the
defense a bit of latitude.
468
00:17:57,049 --> 00:17:59,051
This lifeguard isn't a neurologist
469
00:17:59,085 --> 00:18:00,219
or a psychologist.
470
00:18:00,586 --> 00:18:03,056
So how exactly would
he give expert testimony
471
00:18:03,081 --> 00:18:05,112
regarding human survival response?
472
00:18:05,246 --> 00:18:07,433
- Well, we'll see, won't we?
- Your Honor!
473
00:18:07,458 --> 00:18:09,614
Ahh, if you don't like it, Mr. Dashay,
474
00:18:09,791 --> 00:18:11,690
make the defendant an offer.
475
00:18:11,715 --> 00:18:12,776
Excuse me?
476
00:18:12,801 --> 00:18:14,392
I haven't said anything up until now,
477
00:18:14,417 --> 00:18:16,479
because a police officer is deceased,
478
00:18:16,536 --> 00:18:19,016
so politically it's not an option,
479
00:18:19,041 --> 00:18:21,275
but why hasn't there been an offer?
480
00:18:21,643 --> 00:18:23,245
This has nothing to do with politics.
481
00:18:23,270 --> 00:18:24,574
- Oh please, E.J.
- Are you trying
482
00:18:24,598 --> 00:18:26,939
to strong-arm the people
into making an offer?
483
00:18:27,380 --> 00:18:28,614
Not at all.
484
00:18:29,517 --> 00:18:32,352
I'm just telling you that
if you don't like my ruling,
485
00:18:32,652 --> 00:18:34,421
you're free to make an offer.
486
00:18:37,505 --> 00:18:38,774
20 to 40 years?
487
00:18:40,125 --> 00:18:41,293
How is that an offer?
488
00:18:41,326 --> 00:18:42,796
It takes life off the table.
489
00:18:42,828 --> 00:18:44,831
Do you think you can win this?
490
00:18:45,626 --> 00:18:47,017
To be honest, I don't know.
491
00:18:47,042 --> 00:18:49,650
The judge is allowing us to
put the lifeguard on the stand,
492
00:18:50,126 --> 00:18:51,727
but losing the witness was not good,
493
00:18:51,752 --> 00:18:53,102
and Jackson's testimony...
494
00:18:53,127 --> 00:18:54,727
I don't understand how
this is happening.
495
00:18:55,074 --> 00:18:57,411
20 to 40 years for riding a skateboard?
496
00:18:58,076 --> 00:18:59,445
Trying to defend myself?
497
00:19:01,413 --> 00:19:02,950
He was gonna kill me.
498
00:19:06,385 --> 00:19:07,653
- You gotta take it, son.
- No.
499
00:19:07,929 --> 00:19:08,929
What you talkin' about?
500
00:19:09,355 --> 00:19:11,071
At least after 20 he'll be
able to apply for parole.
501
00:19:11,095 --> 00:19:12,626
If he takes 20 to 40,
502
00:19:12,659 --> 00:19:14,094
you know damn well he's doin' 40
503
00:19:14,126 --> 00:19:15,791
they're not paroling a cop killer.
504
00:19:15,870 --> 00:19:17,026
He's gonna have a chance...
505
00:19:17,051 --> 00:19:18,120
When he's 60!
506
00:19:18,145 --> 00:19:19,198
I didn't do anything!
507
00:19:19,223 --> 00:19:20,823
Which is why you're not pleading guilty!
508
00:19:20,933 --> 00:19:22,018
- Loretta - No!
509
00:19:22,043 --> 00:19:23,578
I'm not gonna let them do this to him!
510
00:19:23,603 --> 00:19:25,305
He did not do anything wrong!
511
00:19:27,039 --> 00:19:28,241
Everything we could.
512
00:19:28,919 --> 00:19:30,737
Try to teach him how
to deal with the cops,
513
00:19:30,762 --> 00:19:32,179
don't argue, don't talk back,
514
00:19:32,211 --> 00:19:34,580
keep your hands out of
your pocket, don't run.
515
00:19:35,009 --> 00:19:36,161
But if you don't fight back
516
00:19:36,186 --> 00:19:37,278
then they try and kill you
517
00:19:37,303 --> 00:19:38,871
and if you do fight back, then this.
518
00:19:39,184 --> 00:19:40,253
So no!
519
00:19:40,581 --> 00:19:43,251
You had better try and
win this, Ms. Sullivan.
520
00:19:43,523 --> 00:19:45,759
Because we are not backing down.
521
00:19:47,392 --> 00:19:49,462
I am not giving them my son.
522
00:19:54,661 --> 00:19:56,296
Mr. Givens, how are you employed?
523
00:19:56,328 --> 00:19:58,798
I was a lifeguard for the
city of New York for 10 years,
524
00:19:58,832 --> 00:20:00,542
I've been Chief Instructor
for the Red Cross,
525
00:20:00,566 --> 00:20:02,635
for the past five, and I head the city's
526
00:20:02,669 --> 00:20:04,438
Water Safety Instructor Program.
527
00:20:04,470 --> 00:20:05,700
Basically, I train the people
528
00:20:05,725 --> 00:20:07,106
who train the lifeguards.
529
00:20:07,140 --> 00:20:08,508
Have you actually saved people?
530
00:20:08,540 --> 00:20:10,476
Yeah, I have 212 saves.
531
00:20:10,509 --> 00:20:13,212
You saved 212 lives, that's impressive.
532
00:20:13,418 --> 00:20:15,214
Ugh, not really, it's just training.
533
00:20:15,248 --> 00:20:17,250
And can you tell us how you're trained
534
00:20:17,483 --> 00:20:19,397
to avoid specific danger to yourself
535
00:20:19,422 --> 00:20:20,498
when saving someone?
536
00:20:20,523 --> 00:20:22,456
Yeah, well there's a phenomenon
537
00:20:22,489 --> 00:20:24,057
that every lifeguard is familiar with,
538
00:20:24,089 --> 00:20:25,725
when someone is drowning, they panic
539
00:20:25,759 --> 00:20:27,760
and will instinctively
grab onto the lifeguard
540
00:20:27,794 --> 00:20:29,771
and push him down to
keep themselves afloat.
541
00:20:29,849 --> 00:20:32,231
Lifeguards have been killed by
being pushed under the water.
542
00:20:32,498 --> 00:20:34,505
It's why we're trained to
approach someone from behind
543
00:20:34,529 --> 00:20:35,849
and grab them around their chest.
544
00:20:35,896 --> 00:20:37,193
And these people who panicked,
545
00:20:37,218 --> 00:20:39,205
and pushed their lifeguards underwater,
546
00:20:39,246 --> 00:20:40,939
are they doing this intentionally?
547
00:20:40,964 --> 00:20:42,533
Ahh, no, they're not to blame,
548
00:20:42,558 --> 00:20:44,561
like I said,
it's a natural human response.
549
00:20:46,712 --> 00:20:50,548
Mr. Givens, do you have any
personal experience with this?
550
00:20:50,619 --> 00:20:53,452
Ugh, I do, yeah,
a buddy of mine was killed
551
00:20:53,486 --> 00:20:55,555
three years ago by
someone who was drowning.
552
00:20:55,587 --> 00:20:56,956
That person survived.
553
00:20:57,358 --> 00:20:58,968
Was he prosecuted for murder?
554
00:20:59,030 --> 00:21:00,200
- Objection!
- No.
555
00:21:00,702 --> 00:21:03,462
Sustained, the jury will disregard
556
00:21:03,496 --> 00:21:05,466
the last question and answer.
557
00:21:06,246 --> 00:21:07,514
No further questions.
558
00:21:12,739 --> 00:21:14,574
Mr. Givens, the defendant testified
559
00:21:14,606 --> 00:21:16,210
regarding shooting the officer.
560
00:21:16,718 --> 00:21:17,918
"I didn't mean to kill him,
561
00:21:17,948 --> 00:21:19,351
I was trying to save my life,
562
00:21:19,406 --> 00:21:21,241
I thought it was him or me".
563
00:21:21,914 --> 00:21:23,716
Do you think that people who try to put
564
00:21:23,749 --> 00:21:25,874
lifeguards under are thinking,
it's him or me?
565
00:21:25,899 --> 00:21:26,920
Objection!
566
00:21:26,945 --> 00:21:28,967
He's offering the witness
as an expert, Your Honor.
567
00:21:29,021 --> 00:21:30,124
Overruled.
568
00:21:30,856 --> 00:21:32,826
No, people describe it as almost
569
00:21:32,858 --> 00:21:34,193
an absence of all thought,
570
00:21:34,227 --> 00:21:35,577
it's like a fight or flight thing.
571
00:21:35,601 --> 00:21:36,701
All animal instinct.
572
00:21:36,726 --> 00:21:38,653
So given that Mr. Whitmore said that
573
00:21:38,678 --> 00:21:41,781
he thought it was him or me,
his actions weren't consistent
574
00:21:41,806 --> 00:21:43,943
with the phenomenon that you described?
575
00:21:44,083 --> 00:21:45,326
- Objection!
- Objection!
576
00:21:45,351 --> 00:21:48,675
Overruled. You opened
this door, Counselors.
577
00:21:52,644 --> 00:21:55,148
I guess it doesn't really
seem like the same thing.
578
00:21:55,682 --> 00:21:58,184
Thank you, no further questions.
579
00:22:04,590 --> 00:22:06,092
I don't understand, what happened?
580
00:22:08,064 --> 00:22:09,599
What happened?
581
00:22:09,913 --> 00:22:11,182
It wasn't good.
582
00:22:12,500 --> 00:22:15,971
Gwen, Gwen.
583
00:22:20,209 --> 00:22:22,154
Hakeem, I need five Flame bolts.
584
00:22:22,179 --> 00:22:23,326
I'm sorry, Gwen, I can't.
585
00:22:23,351 --> 00:22:24,767
Look, I know I told
you not to sell me any,
586
00:22:24,791 --> 00:22:25,907
but I really need one.
587
00:22:25,932 --> 00:22:27,621
You tell me I should
refuse to sell you any
588
00:22:27,646 --> 00:22:28,853
- no matter what you said.
- I know,
589
00:22:28,877 --> 00:22:30,088
but I'm saying right now it's okay.
590
00:22:30,112 --> 00:22:31,224
You said you would tell me that.
591
00:22:31,248 --> 00:22:32,577
Hakeem, sell me the Flame bolt
592
00:22:32,602 --> 00:22:34,083
it's an emergency I don't feel right,
593
00:22:34,108 --> 00:22:35,194
I think I actually need the caffeine.
594
00:22:35,218 --> 00:22:36,411
No, you said, Hakeem,
595
00:22:36,436 --> 00:22:38,103
I will ask you, then I will cajole you,
596
00:22:38,128 --> 00:22:39,654
then I will beg you,
then I will threaten you,
597
00:22:39,678 --> 00:22:40,770
then I will probably tell you that
598
00:22:40,794 --> 00:22:41,958
it's a medical necessity.
599
00:22:41,983 --> 00:22:43,018
But no matter what I do,
600
00:22:43,043 --> 00:22:44,162
don't sell me the Flame bolts
601
00:22:44,186 --> 00:22:46,644
- so I'm...
- Hakeem I swear to God I will hurt you.
602
00:22:46,795 --> 00:22:49,032
Sell me the Flame bolt.
603
00:22:51,336 --> 00:22:52,739
No.
604
00:22:52,771 --> 00:22:53,807
Gwen!
605
00:22:54,506 --> 00:22:55,611
Come back!
606
00:22:55,636 --> 00:22:56,971
Do not close that door.
607
00:22:58,243 --> 00:23:01,080
Gwen! Open the door! Gwen.
608
00:23:01,384 --> 00:23:02,386
Gwen!
609
00:23:02,411 --> 00:23:04,013
Gwen, let me in!
610
00:23:04,659 --> 00:23:05,761
Open this door!
611
00:23:06,252 --> 00:23:07,809
I need the Flame bolt!
612
00:23:07,834 --> 00:23:09,986
No, you don't, you have an arrhythmia,
613
00:23:10,011 --> 00:23:11,045
it's a bad idea!
614
00:23:11,070 --> 00:23:12,129
You know what's a worse idea?
615
00:23:12,153 --> 00:23:13,424
Me trying to do a summation,
616
00:23:13,449 --> 00:23:15,084
- feeling the way I'm feeling.
- Oh yeah?
617
00:23:15,166 --> 00:23:17,664
How are you gonna feel
when you pass out in court?
618
00:23:17,754 --> 00:23:19,567
Oh stop being so dramatic,
it's Flame bolt.
619
00:23:19,592 --> 00:23:21,033
No, honey, it's not,
620
00:23:21,066 --> 00:23:23,170
you were just in the hospital. God!
621
00:23:23,348 --> 00:23:25,282
When is the last time you
even had a proper meal?
622
00:23:25,371 --> 00:23:27,140
Jesus Christ, you sound like Bennett.
623
00:23:27,172 --> 00:23:28,797
Do not harp on me for what I eat.
624
00:23:28,822 --> 00:23:29,961
Oh don't you dare.
625
00:23:30,016 --> 00:23:31,611
Don't you lump me in with him,
626
00:23:31,643 --> 00:23:32,845
I am your best friend,
627
00:23:32,878 --> 00:23:34,329
and I'm callin' it like I see it.
628
00:23:34,354 --> 00:23:35,891
Honey, you're taking yourself down.
629
00:23:35,916 --> 00:23:38,422
God, this shit with the
Flame bolts and your money
630
00:23:38,455 --> 00:23:39,692
and your unopened mail.
631
00:23:39,790 --> 00:23:40,928
Yeah, which by the way,
632
00:23:40,953 --> 00:23:42,388
I decided to actually open.
633
00:23:42,721 --> 00:23:44,324
Yeah, you're damn straight I did.
634
00:23:44,832 --> 00:23:46,633
You got a letter from
your bank telling you
635
00:23:46,659 --> 00:23:47,961
that your account is frozen
636
00:23:47,993 --> 00:23:49,172
because of that stupid payday loan?
637
00:23:49,196 --> 00:23:50,335
Do you even know that, Gwen?
638
00:23:50,360 --> 00:23:51,594
Did you know that?
639
00:23:51,619 --> 00:23:52,721
That is so wrong.
640
00:23:52,746 --> 00:23:53,814
Oh Honey!
641
00:23:54,500 --> 00:23:56,135
You're missing the point!
642
00:23:56,836 --> 00:23:59,038
Look, I don't care
about your money, okay.
643
00:23:59,072 --> 00:24:00,440
I just care about you.
644
00:24:00,719 --> 00:24:01,986
You're gonna do what you want,
645
00:24:02,011 --> 00:24:03,079
and you can do it,
646
00:24:03,104 --> 00:24:05,197
but I'm done pretending like it's okay.
647
00:24:06,783 --> 00:24:09,353
I can't watch you
self-destruct. I will not.
648
00:24:18,758 --> 00:24:19,758
Gwen.
649
00:24:19,818 --> 00:24:21,252
We're screwed, Charlie,
650
00:24:21,277 --> 00:24:23,480
totally, utterly, and
completely screwed.
651
00:24:23,569 --> 00:24:24,736
Ahh, it's okay.
652
00:24:24,864 --> 00:24:26,499
No, it's not okay.
653
00:24:26,943 --> 00:24:28,212
I was too cocky.
654
00:24:29,047 --> 00:24:30,200
What was I thinking?
655
00:24:30,638 --> 00:24:32,307
A lifeguard, seriously?
656
00:24:33,071 --> 00:24:34,707
The jury must be laughing at me.
657
00:24:35,364 --> 00:24:36,520
It was a little weird.
658
00:24:37,833 --> 00:24:38,901
It was.
659
00:24:39,144 --> 00:24:40,180
Good weird.
660
00:24:40,429 --> 00:24:41,498
It's just didn't land.
661
00:24:42,036 --> 00:24:43,409
You're gonna have to
come up with "Plan C".
662
00:24:43,433 --> 00:24:44,668
I don't have a "Plan C".
663
00:24:44,816 --> 00:24:47,788
That's why I'm here, okay, so just
664
00:24:50,311 --> 00:24:52,365
take this.
665
00:24:56,036 --> 00:24:57,153
Wait, what?
666
00:24:57,231 --> 00:25:01,068
I can't watch you
struggle anymore, okay?
667
00:25:01,134 --> 00:25:03,094
You quit when we're done,
when it's over.
668
00:25:03,119 --> 00:25:05,155
I'll help you, by teasing you.
669
00:25:06,638 --> 00:25:08,250
I don't even have a
quippy response right now
670
00:25:08,274 --> 00:25:11,812
because I am deeply,
deeply in love with you.
671
00:25:12,423 --> 00:25:14,715
Shh, drink and think.
672
00:25:42,919 --> 00:25:43,919
Better?
673
00:25:44,076 --> 00:25:45,345
Yeah.
674
00:25:45,370 --> 00:25:49,042
Good, now put on your big
girl panties and let's go.
675
00:25:50,377 --> 00:25:51,579
I don't know, I just keep
676
00:25:51,984 --> 00:25:53,953
looking at the self-defense statute.
677
00:25:54,720 --> 00:25:55,788
Hello, Gwendolyn.
678
00:25:56,288 --> 00:25:58,128
Your father stopped in
to say hello, I thought,
679
00:25:58,156 --> 00:25:59,326
since he was a judge,
680
00:25:59,358 --> 00:26:00,626
I would pull him in.
681
00:26:01,306 --> 00:26:02,426
That's great.
682
00:26:02,451 --> 00:26:04,131
You were talking about
the defense statute.
683
00:26:04,963 --> 00:26:07,099
Yeah, it says you
can't claim self-defense
684
00:26:07,700 --> 00:26:09,792
if you're resisting arrest,
the idea being that
685
00:26:09,817 --> 00:26:11,904
if you start the
violence it's your fault,
686
00:26:12,270 --> 00:26:14,340
but what if you resist arrest initially,
687
00:26:14,374 --> 00:26:15,475
but then you submit,
688
00:26:15,708 --> 00:26:16,819
it can't just be the law that
689
00:26:16,843 --> 00:26:18,129
if a cop uses excessive force
690
00:26:18,154 --> 00:26:19,513
you have to just let yourself be killed?
691
00:26:19,537 --> 00:26:21,617
But the problem is we haven't
proved excessive force.
692
00:26:21,925 --> 00:26:23,349
But the kid has a crushed larynx,
693
00:26:23,383 --> 00:26:25,117
I mean, that's not enough? C'mon.
694
00:26:25,151 --> 00:26:27,053
Because he's a big scary black man,
695
00:26:27,086 --> 00:26:29,343
he's the one considered violent,
not the cop.
696
00:26:29,368 --> 00:26:31,086
White people believe the cops,
697
00:26:31,111 --> 00:26:33,068
they don't get stopped and
dealt with aggressively by them.
698
00:26:33,092 --> 00:26:35,498
The question is, how do we
convince a New York City jury
699
00:26:35,523 --> 00:26:37,835
the kind that did not indict
the cop that killed Eric Garner,
700
00:26:37,859 --> 00:26:39,633
to see that race is at play here?
701
00:26:40,599 --> 00:26:41,934
See......
702
00:26:42,701 --> 00:26:44,237
Daddy, what did you say a second ago?
703
00:26:44,269 --> 00:26:46,772
Because he's a big scary black man,
704
00:26:46,924 --> 00:26:48,693
he's the one considered violent.
705
00:26:50,634 --> 00:26:52,636
And that is our "Plan C".
706
00:26:55,186 --> 00:26:56,970
Wait, what is "Plan C"?
707
00:26:57,040 --> 00:27:00,420
We have no idea, trust me, Mr. Sullivan,
708
00:27:00,982 --> 00:27:02,064
it'll be good.
709
00:27:02,121 --> 00:27:03,884
Dr. Sanders, is this
the photograph taken
710
00:27:03,909 --> 00:27:05,158
of Mr. Whitmore's neck
711
00:27:05,183 --> 00:27:06,907
when he's admitted to
Hollowbrook Hospital?
712
00:27:06,932 --> 00:27:07,988
Yes, it is.
713
00:27:08,013 --> 00:27:10,680
And it shows the bruising
around his crushed windpipe.
714
00:27:10,772 --> 00:27:11,795
Yes.
715
00:27:11,844 --> 00:27:13,766
Now, could this injury have been caused
716
00:27:13,791 --> 00:27:14,907
by a chokehold?
717
00:27:14,944 --> 00:27:15,945
Yes, it could.
718
00:27:15,997 --> 00:27:17,399
Let me be more specific.
719
00:27:22,331 --> 00:27:23,593
Um, what's going on here?
720
00:27:23,618 --> 00:27:24,698
I'm allowed to demonstrate,
721
00:27:24,729 --> 00:27:26,377
that's why it's called
demonstrative evidence.
722
00:27:26,401 --> 00:27:28,356
Now if Officer Lockman had his arm
723
00:27:28,381 --> 00:27:31,017
around Mr. Whitmore's neck, like this...
724
00:27:31,049 --> 00:27:33,785
Objection! Your Honor,
this is totally prejudicial,
725
00:27:33,867 --> 00:27:34,953
look at the size difference.
726
00:27:34,977 --> 00:27:36,345
Come on, Ms. Sullivan.
727
00:27:37,355 --> 00:27:40,059
Oh I'm sorry, you're totally right,
I'm sorry.
728
00:27:49,199 --> 00:27:50,465
Now as I was saying,
729
00:27:50,490 --> 00:27:52,506
if the officer was choking
my client, like this...
730
00:27:52,531 --> 00:27:53,613
Objection!
731
00:27:53,872 --> 00:27:55,873
Your Honor, they look
exactly the right size to me.
732
00:27:55,920 --> 00:27:57,121
Yeah, but this man is...
733
00:27:59,718 --> 00:28:00,787
Black?
734
00:28:02,882 --> 00:28:05,585
Jackson Whitmore is sitting in
that chair because he's black.
735
00:28:08,320 --> 00:28:09,788
He's being charged with murder
736
00:28:09,822 --> 00:28:11,725
because he's black and in a sense,
737
00:28:12,602 --> 00:28:14,438
Officer Lockman is dead,
738
00:28:15,027 --> 00:28:18,030
because Jackson Whitmore is black.
739
00:28:18,597 --> 00:28:20,339
Mr. Dashay basically just admitted it
740
00:28:20,364 --> 00:28:23,003
so why don't we just
finally say what is true?
741
00:28:24,151 --> 00:28:26,487
Why don't we finally
just admit to each other,
742
00:28:26,739 --> 00:28:28,374
that if you were to take a black cop,
743
00:28:28,406 --> 00:28:31,243
and a white kid skateboarding in a park,
744
00:28:31,277 --> 00:28:32,778
what you get is a ticket.
745
00:28:33,255 --> 00:28:34,591
You get a summons.
746
00:28:34,634 --> 00:28:36,823
But Jackson is black so
there was a confrontation.
747
00:28:36,848 --> 00:28:39,451
And an escalation,
and the brutality of violence
748
00:28:39,484 --> 00:28:42,354
so severe that it crushed his windpipe.
749
00:28:42,926 --> 00:28:44,828
This kid, this college kid
750
00:28:44,931 --> 00:28:46,294
who has never been arrested before.
751
00:28:46,318 --> 00:28:47,527
He was faced
752
00:28:47,552 --> 00:28:50,530
with a life-changing
choice in that moment.
753
00:28:51,478 --> 00:28:53,915
Kill, or be killed.
754
00:28:55,717 --> 00:28:57,151
The only question in this case is
755
00:28:57,176 --> 00:29:00,019
whether you believe that
a black man has to agree
756
00:29:00,044 --> 00:29:03,248
to die every time a
cop asks him a question
757
00:29:03,297 --> 00:29:04,866
or puts his hands on him.
758
00:29:05,952 --> 00:29:07,553
I'm not resisting!
759
00:29:07,633 --> 00:29:09,536
I'm not resisting!
760
00:29:10,348 --> 00:29:12,317
Those are the words of a young black man
761
00:29:12,351 --> 00:29:15,956
desperately trying to convince a cop
762
00:29:17,092 --> 00:29:18,928
that he doesn't pose a threat.
763
00:29:20,788 --> 00:29:22,423
It's too bad he couldn't have just said,
764
00:29:22,448 --> 00:29:24,217
"Imagine I'm white".
765
00:29:38,913 --> 00:29:40,180
If you punched me,
766
00:29:40,212 --> 00:29:41,547
and I punched you back,
767
00:29:42,026 --> 00:29:44,463
you could not then,
hit me with a tire iron
768
00:29:44,488 --> 00:29:45,717
and claim self-defense.
769
00:29:45,750 --> 00:29:46,910
That makes sense, doesn't it?
770
00:29:47,153 --> 00:29:48,597
Because you are the
one who brought force
771
00:29:48,621 --> 00:29:49,956
to the table to begin with.
772
00:29:49,989 --> 00:29:51,191
You started it.
773
00:29:51,990 --> 00:29:53,625
Jackson Whitmore was being arrested,
774
00:29:53,659 --> 00:29:55,929
we know this because he said
"I'm not resisting".
775
00:29:56,528 --> 00:29:59,199
That statement makes no sense
776
00:29:59,231 --> 00:30:02,167
unless it is in response
to Officer Lockman saying,
777
00:30:02,201 --> 00:30:04,938
"You are under arrest,
and stop resisting that arrest".
778
00:30:05,736 --> 00:30:08,874
He is the one who began to use force.
779
00:30:09,374 --> 00:30:12,211
And he resisted enough
to provoke a response
780
00:30:12,245 --> 00:30:14,080
from Officer Lockman.
781
00:30:14,113 --> 00:30:15,582
To believe otherwise is to believe
782
00:30:15,615 --> 00:30:18,218
that Officer Lockman
decided to forcefully
783
00:30:18,250 --> 00:30:20,220
choke someone that day for no reason.
784
00:30:20,874 --> 00:30:22,158
When he resisted,
785
00:30:22,555 --> 00:30:25,091
he forfeited his right
to claim to self-defense.
786
00:30:26,008 --> 00:30:27,242
It is the law.
787
00:30:27,875 --> 00:30:29,135
It has to be the law.
788
00:30:30,229 --> 00:30:33,999
Otherwise criminals can
violently resist arrest.
789
00:30:34,599 --> 00:30:36,702
And when a police officer
responds with force,
790
00:30:36,736 --> 00:30:38,305
they can kill that police officer.
791
00:30:38,684 --> 00:30:40,586
That is not the world I wanna live in.
792
00:30:40,611 --> 00:30:42,147
It is not the world we should
793
00:30:42,172 --> 00:30:44,341
have our police officers work in.
794
00:30:45,044 --> 00:30:47,880
Jackson Whitmore is not
here because he is black.
795
00:30:47,921 --> 00:30:49,590
He is here because he broke the law.
796
00:30:49,615 --> 00:30:52,384
He resisted arrest,
he killed a police officer
797
00:30:52,418 --> 00:30:54,321
and now he wants to walk away.
798
00:30:55,121 --> 00:30:56,422
Don't let him.
799
00:31:24,188 --> 00:31:25,489
Thank you.
800
00:31:28,365 --> 00:31:30,367
Thank you for coming to see me in court.
801
00:31:31,174 --> 00:31:32,341
You're welcome.
802
00:31:32,940 --> 00:31:35,110
I should've been there sooner,
I'm sorry.
803
00:31:36,823 --> 00:31:38,225
What else did you wanna talk about?
804
00:31:39,653 --> 00:31:40,954
I don't know,
805
00:31:41,940 --> 00:31:43,111
I feel like my life
806
00:31:43,136 --> 00:31:44,771
isn't turning out the way I pictured it.
807
00:31:44,865 --> 00:31:47,102
I'm not sure anyone's does, baby.
808
00:31:48,125 --> 00:31:50,094
I love my job, but I
don't know much longer
809
00:31:50,148 --> 00:31:51,450
I can keep doing it.
810
00:31:52,056 --> 00:31:53,491
I might win the occasional skirmish
811
00:31:53,518 --> 00:31:55,258
but I'm losing the overall war,
812
00:31:55,306 --> 00:31:56,407
and then there's Bennett,
813
00:31:56,448 --> 00:31:57,717
- I just...
- Hmm.
814
00:31:58,077 --> 00:31:59,946
I have to tell you that
I have never thought
815
00:32:00,120 --> 00:32:01,605
that you and Bennett
were good for each other.
816
00:32:01,629 --> 00:32:03,599
- Really, Dad...
- No, no, no. Hear me.
817
00:32:03,776 --> 00:32:05,515
What I mean is, is that Bennett
818
00:32:05,540 --> 00:32:07,142
is not man enough for you.
819
00:32:08,779 --> 00:32:10,815
Oh, go on.
820
00:32:10,998 --> 00:32:12,770
Bennett is looking for someone
821
00:32:12,795 --> 00:32:13,981
he can put on a pedestal.
822
00:32:14,106 --> 00:32:15,635
Someone he can admire.
823
00:32:16,532 --> 00:32:18,025
More importantly, he's looking
824
00:32:18,050 --> 00:32:19,886
for someone to admire him.
825
00:32:20,901 --> 00:32:22,170
When you were his student,
826
00:32:22,548 --> 00:32:23,717
he could deal with that.
827
00:32:24,349 --> 00:32:25,819
Now, not so much.
828
00:32:27,677 --> 00:32:29,223
You're a tough woman, Gwendolyn.
829
00:32:29,880 --> 00:32:32,359
Not a lot of men can appreciate that.
830
00:32:32,505 --> 00:32:33,826
That's what I'm afraid of.
831
00:32:34,583 --> 00:32:36,232
That I'm never gonna find the guy
832
00:32:36,341 --> 00:32:37,630
who can deal with me.
833
00:32:37,797 --> 00:32:39,065
He's out there.
834
00:32:39,966 --> 00:32:42,002
And when you find him,
he's gonna be special.
835
00:32:44,863 --> 00:32:45,945
Now,
836
00:32:47,703 --> 00:32:48,851
as far as work goes,
837
00:32:48,876 --> 00:32:49,876
Oh, God.
838
00:32:50,342 --> 00:32:51,644
I want you to hear me.
839
00:32:54,018 --> 00:32:56,683
I have never been more
proud of you in my life.
840
00:32:57,847 --> 00:32:59,186
Win or lose this case,
841
00:32:59,218 --> 00:33:00,979
you have fought brilliantly
for that young man,
842
00:33:01,003 --> 00:33:03,423
you have fought brilliantly
for our community.
843
00:33:04,411 --> 00:33:06,325
Take a vacation, take a break,
844
00:33:06,779 --> 00:33:08,527
do whatever you have to do to reboot,
845
00:33:08,850 --> 00:33:11,219
but get back on those battlements.
846
00:33:12,165 --> 00:33:13,466
We need you out there.
847
00:33:14,794 --> 00:33:15,896
Thanks, Dad.
848
00:33:20,011 --> 00:33:21,746
Dad, I have something to tell you.
849
00:33:29,604 --> 00:33:31,306
I have a problem with money.
850
00:33:33,698 --> 00:33:35,503
You always have a problem with money.
851
00:33:35,534 --> 00:33:37,690
No, I'm saying that I have
852
00:33:39,018 --> 00:33:41,662
an issue with money.
853
00:33:44,303 --> 00:33:45,865
It's gotten pretty bad, I...
854
00:33:46,425 --> 00:33:48,095
I had to take out a payday loan.
855
00:33:49,303 --> 00:33:50,871
And they froze my bank account.
856
00:33:52,444 --> 00:33:53,673
I really need your help.
857
00:33:59,928 --> 00:34:02,015
What if I cleaned your slate?
858
00:34:02,865 --> 00:34:04,122
Took you back to zero?
859
00:34:04,920 --> 00:34:06,506
I can't ask you to do that, Dad.
860
00:34:06,545 --> 00:34:08,688
You're not asking, I'm offering.
How much is it?
861
00:34:09,704 --> 00:34:11,506
It's $50,000.
862
00:34:17,212 --> 00:34:18,357
Done.
863
00:34:22,870 --> 00:34:23,988
Hear me.
864
00:34:25,471 --> 00:34:26,873
This is it.
865
00:34:31,122 --> 00:34:32,122
Thank you.
866
00:34:34,363 --> 00:34:35,666
You're welcome, baby.
867
00:34:39,596 --> 00:34:41,036
I knew you guys would still be here.
868
00:34:41,119 --> 00:34:42,439
Thought you went home with Tracy.
869
00:34:42,516 --> 00:34:43,534
No, I don't know how she sleeps
870
00:34:43,558 --> 00:34:44,616
when the jury's out.
871
00:34:44,641 --> 00:34:45,688
I went to see my Dad.
872
00:34:45,801 --> 00:34:47,494
Mmm, how'd that go?
873
00:34:47,893 --> 00:34:49,228
Well, surprisingly not that bad.
874
00:34:49,676 --> 00:34:51,276
Told me Bennett wasn't
man enough for me.
875
00:34:51,324 --> 00:34:52,458
I could've told you that.
876
00:34:52,570 --> 00:34:53,570
What?
877
00:34:53,724 --> 00:34:55,259
He just seemed to have a...
878
00:34:56,770 --> 00:34:59,038
image of you that he
wanted you to fulfill.
879
00:35:00,029 --> 00:35:01,142
What, you guys think I don't see things?
880
00:35:01,166 --> 00:35:02,174
I see everything.
881
00:35:02,199 --> 00:35:03,213
That is scary.
882
00:35:03,286 --> 00:35:04,286
Okay, I'm done.
883
00:35:06,108 --> 00:35:07,264
I'll see you inside.
884
00:35:09,295 --> 00:35:10,650
Sorry about Bennett.
885
00:35:11,384 --> 00:35:12,384
Tom's right.
886
00:35:13,148 --> 00:35:14,454
We're both stuck in the past
887
00:35:14,487 --> 00:35:16,087
we had these images
of who we used to be,
888
00:35:16,515 --> 00:35:17,752
and we were each in love with the image
889
00:35:17,776 --> 00:35:19,011
and not who we really were.
890
00:35:19,563 --> 00:35:20,799
Well, for what it's worth,
891
00:35:21,523 --> 00:35:22,829
it's his loss.
892
00:35:22,956 --> 00:35:24,224
Thanks, Charlie.
893
00:35:25,428 --> 00:35:26,764
No, I'm for real.
894
00:35:29,827 --> 00:35:30,906
Gwen?
895
00:35:31,003 --> 00:35:32,005
Uh oh.
896
00:35:33,615 --> 00:35:34,876
Can I talk to Gwen for a minute?
897
00:35:34,900 --> 00:35:37,103
Whatever you wanna say to me,
you should to him too, so.
898
00:35:37,877 --> 00:35:39,045
Okay.
899
00:35:40,165 --> 00:35:43,325
I'm sorry, I'm really sorry for leaving
900
00:35:43,350 --> 00:35:44,501
and not telling you.
901
00:35:44,526 --> 00:35:46,670
A conversation would've
been nice and no even.
902
00:35:47,375 --> 00:35:49,086
- What else?
- What do you mean?
903
00:35:49,156 --> 00:35:50,432
How about I'm sorry I told Dashay
904
00:35:50,456 --> 00:35:51,566
about your opening statement,
905
00:35:51,590 --> 00:35:52,813
I'm sorry I broke your trust?
906
00:35:52,838 --> 00:35:54,314
I didn't think he was gonna steal it.
907
00:35:54,338 --> 00:35:55,938
He wouldn't have been able
to if you hadn't had told him.
908
00:35:55,962 --> 00:35:57,063
I'm sorry.
909
00:35:57,697 --> 00:35:59,399
Nuh-uh, don't look at me.
910
00:35:59,915 --> 00:36:01,515
You know why I'm being
a bitch right now?
911
00:36:01,601 --> 00:36:03,070
Because I actually cared about you.
912
00:36:03,548 --> 00:36:05,720
I invested and you just bugged out.
913
00:36:05,813 --> 00:36:07,411
I bugged out because the PD's office
914
00:36:07,436 --> 00:36:08,676
was not the right place for me.
915
00:36:08,832 --> 00:36:10,634
And the DA's office is?
916
00:36:11,764 --> 00:36:12,800
I don't know.
917
00:36:12,847 --> 00:36:14,278
You know you're not
gonna find it, right?
918
00:36:14,302 --> 00:36:15,392
What?
919
00:36:15,417 --> 00:36:18,489
That perfect, well-manicured
hand sanitized life?
920
00:36:19,098 --> 00:36:20,942
That job with the black and white rules.
921
00:36:21,190 --> 00:36:22,990
I know your parents meant
well when they adopted you
922
00:36:23,014 --> 00:36:25,146
and insulated you in Darien, Connecticut
923
00:36:25,171 --> 00:36:27,151
and convinced you that all
that stuff was possible,
924
00:36:27,175 --> 00:36:28,245
but it's not.
925
00:36:28,270 --> 00:36:29,628
Life is messy and f'd up
926
00:36:29,661 --> 00:36:31,130
and you're gonna have a job
927
00:36:31,163 --> 00:36:32,923
where you have to make
complicated decisions.
928
00:36:33,877 --> 00:36:35,189
So I guess what I'm trying to say
929
00:36:35,213 --> 00:36:36,693
is that you need to grow the hell up.
930
00:36:38,340 --> 00:36:40,806
Gwen, I really don't
wanna lose our friendship.
931
00:36:42,141 --> 00:36:43,976
Go find yourself first, Vanessa.
932
00:36:44,756 --> 00:36:46,491
I can't be friends with a ghost.
933
00:36:54,374 --> 00:36:55,476
Jury's back.
934
00:36:55,540 --> 00:36:56,641
9AM tomorrow.
935
00:36:56,736 --> 00:36:58,104
That was fast.
936
00:36:58,163 --> 00:36:59,531
Is that good or bad?
937
00:36:59,627 --> 00:37:00,627
For who?
938
00:37:07,551 --> 00:37:09,654
Let the oppressor be the oppressed.
939
00:37:10,564 --> 00:37:14,168
Will the system crumble
under weight of its own lives
940
00:37:14,201 --> 00:37:15,904
to come to its own deaths?
941
00:37:27,748 --> 00:37:29,394
They're not lookin' at me, is that bad?
942
00:37:29,441 --> 00:37:30,542
I don't know.
943
00:37:31,574 --> 00:37:33,243
I understand you have a verdict?
944
00:37:49,491 --> 00:37:52,763
On count one,
murder in the first degree,
945
00:37:53,063 --> 00:37:55,065
we the jury find the defendant,
946
00:37:55,098 --> 00:37:56,715
Jackson Whitmore,
947
00:37:56,892 --> 00:37:57,956
not guilty.
948
00:37:57,981 --> 00:38:00,418
Order! Order!
949
00:38:01,237 --> 00:38:02,606
No more outcries!
950
00:38:04,416 --> 00:38:05,484
Please continue.
951
00:38:05,665 --> 00:38:08,444
On count two,
murder in the second degree,
952
00:38:08,811 --> 00:38:10,980
we the jury find the defendant,
953
00:38:11,014 --> 00:38:12,282
not guilty.
954
00:38:14,564 --> 00:38:17,509
Ladies and gentlemen of the jury,
thank you for your service.
955
00:38:17,746 --> 00:38:19,014
We are adjourned.
956
00:38:19,522 --> 00:38:20,924
All rise.
957
00:38:22,978 --> 00:38:24,351
- I love you.
- It's over.
958
00:38:24,376 --> 00:38:26,679
For havin' my back, thank you so much.
959
00:38:33,737 --> 00:38:35,472
Give the family a little bit of room!
960
00:38:40,887 --> 00:38:42,796
Mr. Whitmore, do you have any
comments about today's verdict?
961
00:38:42,820 --> 00:38:44,445
We'd like to express our
gratitude and thank you
962
00:38:44,469 --> 00:38:46,429
to the jury and everyone
who supported our family.
963
00:38:46,589 --> 00:38:47,943
Thank you, thank you.
964
00:38:48,028 --> 00:38:49,387
Alright, guys, clear a path.
965
00:38:49,412 --> 00:38:51,153
Please, clear a path for the family.
966
00:38:51,178 --> 00:38:52,946
Comin' through!
967
00:38:53,499 --> 00:38:56,204
- Comin' through!
- Thank you all so much!
968
00:39:08,982 --> 00:39:10,350
Tessa, Tessa, Tessa.
969
00:39:10,627 --> 00:39:11,729
You again?
970
00:39:12,082 --> 00:39:13,117
What do you want?
971
00:39:13,220 --> 00:39:14,738
You got a lot of explaining to do.
972
00:39:14,763 --> 00:39:16,729
To me, to a whole lot of
people in the neighborhood.
973
00:39:16,753 --> 00:39:17,753
Get in.
974
00:39:18,077 --> 00:39:19,163
And if I don't?
975
00:39:19,210 --> 00:39:21,246
Then that complaint
with the bar proceeds.
976
00:39:21,576 --> 00:39:22,611
Get in!
977
00:39:31,738 --> 00:39:32,855
Brothers and sisters!
978
00:39:32,911 --> 00:39:34,073
We have defeated the system!
979
00:39:34,127 --> 00:39:35,370
Franklin, are you alright?
980
00:39:35,434 --> 00:39:37,816
You were victorious
against the oppressor!
981
00:39:37,841 --> 00:39:39,247
- Yes, I was, but are you okay?
- You beat them but,
982
00:39:39,271 --> 00:39:41,277
you still harbor the
stench of the oppressor.
983
00:39:41,302 --> 00:39:43,340
- That's why you need...
- You sound like you're off your meds,
984
00:39:43,364 --> 00:39:45,099
we've talked about this,
I'm gonna call your sister.
985
00:39:45,123 --> 00:39:46,754
Don't call my sister,
986
00:39:46,779 --> 00:39:47,848
I'm on my medication,
987
00:39:47,873 --> 00:39:49,273
I still know you're in danger.
988
00:39:49,298 --> 00:39:50,633
Honey, I think we should go.
989
00:39:50,658 --> 00:39:51,937
I'm not in any danger, it's okay, Dad,
990
00:39:51,961 --> 00:39:53,322
I know him, he's Franklin.
991
00:39:53,347 --> 00:39:54,440
- I'm not in any danger.
- But he tried to attack...
992
00:39:54,464 --> 00:39:55,557
I'm gonna call your sister,
993
00:39:55,582 --> 00:39:56,714
- we're here to help you.
- No!
994
00:39:56,738 --> 00:39:57,853
No! I know who you are!
995
00:39:57,878 --> 00:39:59,517
Sir, sir, listen, this is my daughter,
996
00:39:59,542 --> 00:40:00,995
we're gonna leave now, okay?
997
00:40:01,020 --> 00:40:03,256
I know what you are!
The oppressor's inside you!
998
00:40:03,288 --> 00:40:05,895
- No, Franklin.
- The system's taking your soul!
999
00:40:05,932 --> 00:40:07,737
That's why I went to jail!
1000
00:40:08,629 --> 00:40:10,132
Oh my God! Dad!
1001
00:40:10,660 --> 00:40:12,376
Put your hands in the air!
1002
00:40:12,418 --> 00:40:13,423
Franklin!
1003
00:40:13,457 --> 00:40:16,127
Daddy! Somebody help us!
1004
00:40:16,457 --> 00:40:18,026
This oppressive system...
1005
00:40:18,895 --> 00:40:21,432
Help! Call an ambulance!
1006
00:40:22,774 --> 00:40:24,343
Cameras everywhere!
1007
00:40:24,368 --> 00:40:28,072
Monitors! Every man, woman, and child.
1008
00:40:28,104 --> 00:40:29,807
This is America!
1009
00:40:31,072 --> 00:40:32,932
Here's a look back at In Contempt...
1010
00:40:33,011 --> 00:40:35,362
My team and I are fighting
to save your communities.
1011
00:40:35,387 --> 00:40:37,221
Then on behalf of my community,
1012
00:40:37,256 --> 00:40:39,174
let me say that we'd feel much better,
1013
00:40:39,199 --> 00:40:41,936
if you showed up with
some actual evidence.
1014
00:40:43,306 --> 00:40:44,786
My client just pled guilty to a crime
1015
00:40:44,908 --> 00:40:46,565
he didn't commit 'cause
he couldn't afford bail.
1016
00:40:46,589 --> 00:40:47,729
Get off of me!
1017
00:40:48,125 --> 00:40:49,926
Does anyone care about
the law around here?
1018
00:40:50,327 --> 00:40:51,947
You are supposed to care!
1019
00:40:51,972 --> 00:40:54,642
We are not processing widgets
these are human beings!
1020
00:40:54,759 --> 00:40:56,675
I mean why are we even
bothering with a trial at all
1021
00:40:56,699 --> 00:40:59,670
why not just take him out
back and hang him from a tree?
72487
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