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[Man Narrating] In the
criminal justice system...
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00:00:04,171 --> 00:00:07,096
all defendants are
innocent until proven guilty,
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00:00:07,174 --> 00:00:11,464
either by confession,
plea bargain or trial by jury.
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00:00:11,545 --> 00:00:13,901
This is one of those trials.
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00:00:15,849 --> 00:00:18,273
[Woman] I was
coming home from work,
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00:00:18,352 --> 00:00:23,006
and I turned the corner
onto Lenox A venue...
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00:00:23,090 --> 00:00:25,070
and I see Ana.
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00:00:26,193 --> 00:00:31,780
I know it's not her. I
mean, I know she's dead,
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00:00:31,865 --> 00:00:35,085
but there she is.
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00:00:35,168 --> 00:00:37,820
[Sighs] And I freak.
11
00:00:37,905 --> 00:00:39,760
They're all dead...
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00:00:39,840 --> 00:00:44,232
Max, Ariadne, Jose, Ana.
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00:00:44,311 --> 00:00:48,032
And I'm standing
right there in the street,
14
00:00:48,115 --> 00:00:50,072
and I can't move.
15
00:00:50,150 --> 00:00:52,767
It's like eight years ago,
and I'm right back there...
16
00:00:52,853 --> 00:00:57,302
in that restaurant
feeling like I'm gonna die.
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00:00:57,391 --> 00:01:00,145
When was this? Two days ago...
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00:01:00,227 --> 00:01:03,914
right after I heard
he was getting out.
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00:01:05,265 --> 00:01:08,781
I thought life without parole
meant he was gonna die in prison.
20
00:01:08,869 --> 00:01:10,792
What happened?
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00:01:10,871 --> 00:01:14,455
[Gaffney] The fingerprint
expert lied on the stand.
22
00:01:14,541 --> 00:01:18,933
The print that put Kenny Thompson
at the crime scene wasn't his.
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00:01:19,012 --> 00:01:23,461
Marisol, I know that your injuries
made you unavailable for the first trial.
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00:01:23,550 --> 00:01:26,110
But this time around, your
testimony will be crucial.
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00:01:26,186 --> 00:01:31,272
I wish I could help you, but...
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00:01:32,826 --> 00:01:35,478
I don't remember anything
that happened that night.
27
00:01:35,562 --> 00:01:37,485
Nothing.
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00:01:41,735 --> 00:01:45,126
Kenny. It's been awhile.
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00:01:45,205 --> 00:01:47,322
This man's my lawyer.
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00:01:47,407 --> 00:01:51,731
Been working two years on my
appeal pro bono. That means for free.
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00:01:51,812 --> 00:01:56,238
Do me a favor, Roy. Uncuff
me so I can shake his hand.
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00:01:58,986 --> 00:02:01,444
You're a good man, Roy.
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00:02:01,521 --> 00:02:04,081
A good man in a bad place.
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00:02:06,560 --> 00:02:09,382
Thanks to you,
I'm gonna be free.
35
00:02:09,463 --> 00:02:12,251
I owe you my life.
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00:02:15,102 --> 00:02:17,662
[Kibre] I heard Thompson's
getting a new trial. That's too bad.
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00:02:17,738 --> 00:02:19,970
That fingerprint
was the only piece of
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00:02:19,994 --> 00:02:22,665
evidence linking Thompson
to the crime scene.
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00:02:22,743 --> 00:02:25,599
Well, cut yourself a break.
It's not your fault, Nick.
40
00:02:27,014 --> 00:02:29,097
Everyone's had a witness lie.
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00:02:29,182 --> 00:02:31,401
The F.B.I. guy
said it was a match.
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00:02:31,485 --> 00:02:36,844
Apparently, this guy Tanner's been
giving bogus testimony on cases for years.
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00:02:36,923 --> 00:02:40,906
Justice has launched an investigation
into every case he's ever testified on...
44
00:02:40,994 --> 00:02:44,715
and every D.A.
he's ever testified for.
45
00:02:44,798 --> 00:02:48,894
And right now, I'm
in the bull's-eye.
46
00:02:48,969 --> 00:02:52,588
I just came from
Branch's office.
47
00:02:52,673 --> 00:02:54,596
I've been sidelined.
48
00:02:54,675 --> 00:02:56,928
Oh.
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00:02:57,010 --> 00:02:59,195
You're gonna replace me.
50
00:03:00,614 --> 00:03:03,197
The only reason I
didn't argue about it.
51
00:03:05,686 --> 00:03:10,613
Trace, Thompson
can't stay on the streets.
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00:03:12,092 --> 00:03:14,846
[Kibre] I know. He's a bad guy.
53
00:03:14,928 --> 00:03:17,409
[Nick] No. We see
bad guys all the time.
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00:03:17,497 --> 00:03:21,184
Kenny Thompson is a bad guy.
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00:03:23,000 --> 00:03:29,074
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56
00:04:11,551 --> 00:04:13,474
I say we plead him out.
57
00:04:13,553 --> 00:04:15,977
Man one. Time served plus 10.
58
00:04:16,056 --> 00:04:18,309
Nick Forster says
we can't win it.
59
00:04:18,391 --> 00:04:20,631
Well, that's because he just
had a conviction overturned.
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00:04:20,694 --> 00:04:23,653
He's spooked. That
makes two of us.
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00:04:23,730 --> 00:04:27,212
If we plead out, it looks like we're
admitting Forster did something wrong.
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00:04:27,300 --> 00:04:31,783
Look, just have a look at
Thompson's confession.
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00:04:37,244 --> 00:04:38,641
We don't want no
trouble, man. That's why
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00:04:38,665 --> 00:04:40,189
we had everybody taped
up on the floor, man.
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00:04:40,213 --> 00:04:42,899
Everybody cooperate, nobody
get hurt. [Man] Oh, really?
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00:04:42,983 --> 00:04:45,908
So how'd your boy Colfax
end up dead on the floor?
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00:04:45,986 --> 00:04:47,683
Then the side door
opened, and this crazy bitch
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00:04:47,707 --> 00:04:49,465
come runnin' out of nowhere
and she capped Sean.
69
00:04:49,489 --> 00:04:52,448
Uh-huh. So you shot her? I
thought she was trying to kill me!
70
00:04:52,526 --> 00:04:56,008
It was self-defense! So why'd
you shoot the rest of 'em?
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00:05:00,133 --> 00:05:02,648
I want a lawyer, man.
What's the matter, Kenny?
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00:05:02,736 --> 00:05:05,558
He wants a lawyer. Seeing your
buddy die make you piss yourself,
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00:05:05,639 --> 00:05:09,394
so you shoot four
helpless people?
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00:05:09,476 --> 00:05:12,230
I don't feel so good.
I want a lawyer.
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00:05:12,312 --> 00:05:15,066
Sure you don't want
your mommy? Come on.
76
00:05:18,084 --> 00:05:20,770
You wanna know what really
happened? [Kibre] Right there.
77
00:05:20,854 --> 00:05:23,312
That's what got the whole
confession thrown out.
78
00:05:23,390 --> 00:05:25,398
The judge felt Thompson
invoked his right to
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00:05:25,422 --> 00:05:27,407
counsel, and the cops
kept questioning him.
80
00:05:27,494 --> 00:05:30,544
The judge is an idiot.
Thompson reinitiated on his own.
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00:05:30,630 --> 00:05:32,246
Yeah.
82
00:05:32,332 --> 00:05:37,157
Thompson talked about those
murders like some guys talk about sex.
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00:05:37,237 --> 00:05:41,356
Like he got off on
killing those four kids.
84
00:05:41,441 --> 00:05:45,731
I don't want this guy back
on my island in 10 years.
85
00:05:49,349 --> 00:05:52,239
No plea? You must have
been very convincing.
86
00:05:52,319 --> 00:05:54,242
The tape sold him.
87
00:05:54,321 --> 00:05:57,610
So do we find new grounds to
reargue the confession's admissibility?
88
00:05:57,691 --> 00:06:01,480
It's worth a try. This case could
sure use a nice, juicy confession.
89
00:06:01,561 --> 00:06:06,113
Half the witnesses are either
dead, missing or in rehab.
90
00:06:06,199 --> 00:06:08,657
Sounds like a list
of my ex-boyfriends.
91
00:06:10,503 --> 00:06:12,722
Did we pass it? No, this is it.
92
00:06:12,806 --> 00:06:15,696
It must be a beauty
salon now. Manicure?
93
00:06:15,775 --> 00:06:19,667
Oh, thanks. Some other time.
94
00:06:19,746 --> 00:06:24,229
Wow. It's hard to imagine
this is the site of a massacre.
95
00:06:26,453 --> 00:06:29,708
It was a spring night.
People were outside.
96
00:06:29,789 --> 00:06:33,237
That must be where
Charlie Lansing lived.
97
00:06:33,326 --> 00:06:37,752
That's the stoop he was sitting on
when Thompson and Colfax walked by.
98
00:06:43,770 --> 00:06:45,693
Charlie!
99
00:06:47,374 --> 00:06:50,594
You must have the
wrong guy. Name’s John.
100
00:06:50,677 --> 00:06:53,101
You're a hard man to find.
101
00:06:53,179 --> 00:06:56,763
You change your name,
move out of the city.
102
00:06:56,850 --> 00:06:59,695
- Nothing wrong with wantin' to start over.
- You read the papers lately?
103
00:06:59,719 --> 00:07:03,440
Yeah. Kenny Thompson.
104
00:07:03,523 --> 00:07:05,641
I'm not gettin' involved.
I got death threats
105
00:07:05,665 --> 00:07:07,711
the first time around
from Thompson's boys.
106
00:07:07,794 --> 00:07:10,946
Thompson doesn't
have boys anymore.
107
00:07:11,031 --> 00:07:14,115
Papers are sayin' he might be
innocent. There's new evidence?
108
00:07:14,200 --> 00:07:16,988
Nothin' new. Some
old evidence gone bad.
109
00:07:17,070 --> 00:07:19,153
I didn't actually see
him commit a crime.
110
00:07:19,239 --> 00:07:21,595
You saw Thompson and
Colfax outside the restaurant...
111
00:07:21,675 --> 00:07:23,632
five minutes before
the robbery began.
112
00:07:23,710 --> 00:07:27,397
- That's good enough.
- Wish I'd never seen anything.
113
00:07:27,480 --> 00:07:30,166
Talk about being in the
wrong place at the wrong time.
114
00:07:30,250 --> 00:07:33,038
Those four dead kids, they
were in the wrong place.
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00:07:33,119 --> 00:07:35,131
And their families, they're
grateful you saw what you did.
116
00:07:35,155 --> 00:07:37,875
We need you, Charlie.
117
00:07:43,863 --> 00:07:46,150
Kenny. Come on in.
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00:07:46,232 --> 00:07:48,656
Hey. This is my wife, Leigh.
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00:07:48,735 --> 00:07:50,815
She's one of the partners
here. How you doin', Leigh?
120
00:07:50,870 --> 00:07:55,422
I am doing well. We get a lot of pro
bono requests, and accept very few cases.
121
00:07:55,508 --> 00:07:57,659
Your passion for
justice is impressive.
122
00:07:57,744 --> 00:08:00,304
Passion's easy. What's hard
is getting anyone to listen...
123
00:08:00,380 --> 00:08:04,670
when you're just another black kid with
a return address that says "Sing Sing."
124
00:08:04,751 --> 00:08:07,073
But Todd here stepped up.
125
00:08:07,153 --> 00:08:09,076
He certainly did.
126
00:08:09,155 --> 00:08:13,547
Listen, uh, Leigh's on the
board of the Exonerated Project,
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00:08:13,626 --> 00:08:15,549
and they're having
a benefit next week.
128
00:08:15,628 --> 00:08:17,703
It's a heavy-hitting crowd.
Might be a good place
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00:08:17,727 --> 00:08:19,611
to start getting your
side of the story out.
130
00:08:19,699 --> 00:08:22,259
Just tell me where
and when. Great.
131
00:08:22,335 --> 00:08:24,349
I'll let you two get to work.
132
00:08:26,806 --> 00:08:31,961
So, I've got their witness
list. Married the boss, huh?
133
00:08:33,780 --> 00:08:36,363
[Chuckles] Yeah.
134
00:08:36,449 --> 00:08:39,533
No surprises here. Looks
like the prosecution case...
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00:08:39,619 --> 00:08:41,832
rests with your association
with Colfax and the
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00:08:41,856 --> 00:08:44,045
fact that you had worked
at the Burger Kastle.
137
00:08:44,124 --> 00:08:47,708
So did every other
16-year-old on my block.
138
00:08:47,794 --> 00:08:52,243
They're the only place that
would hire kids from the projects.
139
00:08:52,332 --> 00:08:54,984
We need to make a list of
every kid that worked there...
140
00:08:55,068 --> 00:08:57,788
and ask if they were questioned.
141
00:08:57,871 --> 00:09:02,798
Point up the fact that
this is a rush to judgment.
142
00:09:02,876 --> 00:09:05,664
I'd be happy to
talk to her, Tracey.
143
00:09:05,745 --> 00:09:08,635
But I'm a forensic
psychiatrist, not a therapist,
144
00:09:08,715 --> 00:09:11,435
and Marisol is a
witness, not a suspect.
145
00:09:11,518 --> 00:09:13,445
Without the fingerprint,
I have nothing
146
00:09:13,469 --> 00:09:15,671
that puts Kenny
Thompson at that restaurant.
147
00:09:15,755 --> 00:09:17,837
Now, the police report
says that when they found
148
00:09:17,861 --> 00:09:20,011
Marisol in the basement,
she was still conscious.
149
00:09:20,093 --> 00:09:22,244
But she doesn't
remember anything.
150
00:09:25,365 --> 00:09:27,846
Memory loss is common
in trauma victims.
151
00:09:27,934 --> 00:09:31,917
- It's a survival mechanism.
- So how do we access those memories?
152
00:09:32,005 --> 00:09:33,689
We probably don't.
153
00:09:35,341 --> 00:09:38,425
Humor me, Richard. Just
for a minute, be an optimist.
154
00:09:38,511 --> 00:09:42,300
Sometimes, you can
stumble on a trigger—
155
00:09:42,382 --> 00:09:45,307
A visual cue, a
sound, even a smell,
156
00:09:45,385 --> 00:09:49,641
and the memories
come pouring out.
157
00:09:53,426 --> 00:09:57,284
We've got the place to
ourselves. They don't open till 9:00.
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00:09:58,431 --> 00:10:01,879
[Marisol] Like I told you, the
two guys came in wearing masks.
159
00:10:01,968 --> 00:10:04,358
The bigger one told
us to get downstairs.
160
00:10:04,437 --> 00:10:07,657
And after that, I-I
don't remember.
161
00:10:07,740 --> 00:10:09,663
We know.
162
00:10:09,742 --> 00:10:12,421
We're not trying to pressure you. But
being here at the scene of the crime...
163
00:10:12,445 --> 00:10:15,301
might unlock memories,
fill in the missing pieces.
164
00:10:16,483 --> 00:10:20,671
- I'm not sure.
- Any time you wanna stop, we'll stop.
165
00:10:20,753 --> 00:10:22,904
You're the one in charge.
166
00:10:25,992 --> 00:10:28,678
Okay, Marisol.
167
00:10:28,761 --> 00:10:33,085
So where were you when
Thompson and Colfax came in?
168
00:10:36,736 --> 00:10:38,659
Sitting in the counter.
169
00:10:38,738 --> 00:10:40,695
I was right about here.
170
00:10:42,175 --> 00:10:45,862
Okay. So they came in...
171
00:10:45,945 --> 00:10:49,268
and they told everybody
to get downstairs.
172
00:10:49,349 --> 00:10:51,773
And you...
173
00:11:02,996 --> 00:11:05,079
So let's go downstairs.
174
00:11:15,074 --> 00:11:18,226
The meat locker's still here.
175
00:11:18,311 --> 00:11:20,928
Well, they found you
around the corner here.
176
00:11:30,089 --> 00:11:33,708
[Richard] How are
you doing? I'm okay.
177
00:11:37,764 --> 00:11:40,723
You were found
in this corner here,
178
00:11:40,800 --> 00:11:43,781
so you would have had a
full view of the office door...
179
00:11:43,870 --> 00:11:46,760
when Ana came
out and shot Colfax.
180
00:11:49,542 --> 00:11:51,727
I just don't remember.
181
00:11:51,811 --> 00:11:55,327
Maybe if you came over here
and knelt down on the floor?
182
00:12:19,339 --> 00:12:21,956
Anything?
183
00:12:33,353 --> 00:12:35,777
[Sighs] I'm trying. I really am.
184
00:12:35,855 --> 00:12:37,835
I know you are, Marisol.
185
00:12:37,924 --> 00:12:42,441
Even a fragment, a
feeling. [Door Opens]
186
00:12:42,528 --> 00:12:46,386
Oh. You scare me. I forgot
you were coming this morning.
187
00:12:46,466 --> 00:12:48,651
Sorry to bother you.
188
00:12:49,936 --> 00:12:53,555
I gotta go. I gotta get
out of here. Marisol.
189
00:12:55,108 --> 00:12:57,668
Tracey, we're done here.
190
00:13:02,615 --> 00:13:05,631
[Woman] So, what do you think?
191
00:13:05,718 --> 00:13:09,075
You the artist? No.
192
00:13:09,155 --> 00:13:12,011
Good, 'cause I don't like it.
193
00:13:12,091 --> 00:13:14,651
And if I said yes,
I was the artist?
194
00:13:14,727 --> 00:13:20,519
I like it. Kind of reminds me of
early Rauschenberg. You paint?
195
00:13:20,600 --> 00:13:22,922
No. I just read about it.
196
00:13:23,002 --> 00:13:27,053
The library had a lot of
books, and I had a lot of time.
197
00:13:27,140 --> 00:13:31,396
Eight years of wrongful incarceration
is one hell of an art appreciation course.
198
00:13:31,477 --> 00:13:34,993
Maya Sullivan. Being bitter
wouldn't do me any good.
199
00:13:35,081 --> 00:13:37,232
I admire your attitude,
Mr. Thompson.
200
00:13:37,317 --> 00:13:42,267
Kenny, having a good time?
Yeah, but I'm gonna take off.
201
00:13:42,355 --> 00:13:45,575
My boys on the
N.Y.P.D. look kind of tired.
202
00:13:45,658 --> 00:13:48,776
- You have cops following you?
- 24-7.
203
00:13:48,861 --> 00:13:51,649
Is that even legal? I'm black.
204
00:13:51,731 --> 00:13:54,087
"Innocent until proven
guilty" doesn't apply.
205
00:13:54,167 --> 00:13:58,992
Hey, I'm sorry. I didn't
mean to get all political,
206
00:13:59,072 --> 00:14:02,554
especially with all the pretty
pictures and pretty people.
207
00:14:02,642 --> 00:14:04,964
Catch y'all later.
208
00:14:07,280 --> 00:14:10,899
There's gotta be something
you can do. File a motion...
209
00:14:10,983 --> 00:14:15,239
It's a public street. They're
harassing your client.
210
00:14:15,321 --> 00:14:17,802
Surveillance is hardly
harassment. Leigh?
211
00:14:17,890 --> 00:14:21,110
Thanks for letting
me know who's who.
212
00:14:22,662 --> 00:14:24,585
You're not offering a plea? No.
213
00:14:24,664 --> 00:14:28,180
I told Branch I thought that was the
way to go. Well, I think this is winnable.
214
00:14:28,267 --> 00:14:31,886
Without the fingerprint evidence,
this is an entirely circumstantial case.
215
00:14:31,971 --> 00:14:33,985
I wish people would stop
saying that like it's bad.
216
00:14:34,073 --> 00:14:38,124
Most cases are circumstantial, and
these circumstances are compelling.
217
00:14:38,211 --> 00:14:41,795
Both Colfax and Thompson spent
time in juvie for armed robbery.
218
00:14:41,881 --> 00:14:44,840
Marisol heard his voice. We
can bring her in for a lineup.
219
00:14:44,917 --> 00:14:47,000
Tracey, I lived
this case for a year.
220
00:14:47,086 --> 00:14:49,105
I drank the same
Kool-Aid you're sipping
221
00:14:49,129 --> 00:14:51,478
right now, and I'm
telling you, you can't win.
222
00:14:52,792 --> 00:14:55,682
Wow, Nick. If this is
your idea of a pep talk...
223
00:14:55,762 --> 00:14:59,085
You got it all figured out.
224
00:14:59,165 --> 00:15:01,316
Read this. What is that?
225
00:15:01,401 --> 00:15:05,293
A letter I got from one
of the jurors after the trial.
226
00:15:05,371 --> 00:15:08,523
He says without the fingerprint,
they would have acquitted.
227
00:15:11,144 --> 00:15:13,295
Don't try this case again.
228
00:15:13,379 --> 00:15:15,962
Plead it out, or you'll lose.
229
00:15:22,422 --> 00:15:25,005
This letter states that
the jury in the first trial...
230
00:15:25,091 --> 00:15:28,675
relied entirely on the fingerprint
evidence to convict Thompson.
231
00:15:28,761 --> 00:15:31,344
So it's evidence
we don't have. Right.
232
00:15:31,431 --> 00:15:33,684
So what investigation was
done on the money trail?
233
00:15:33,766 --> 00:15:36,747
Well, we know the robbery netted
Thompson about three grand.
234
00:15:36,836 --> 00:15:38,987
In small bills, none of
which were ever found.
235
00:15:39,071 --> 00:15:42,621
The original case detectives searched
Thompson's place, the grandmother's.
236
00:15:42,708 --> 00:15:45,064
There was no sign of any
cash or night deposit bags.
237
00:15:45,144 --> 00:15:47,602
Well, we also checked
large purchases, and nothing.
238
00:15:47,680 --> 00:15:50,605
You check any girlfriends? If
he had 'em, no one found 'em.
239
00:15:50,683 --> 00:15:52,606
Is he seeing anybody now?
240
00:15:52,685 --> 00:15:55,473
They get out, they usually
dip into the same old pool.
241
00:15:55,555 --> 00:15:57,966
Surveillance says he likes to
spend time at Sylvia's up on Lenox.
242
00:15:57,990 --> 00:16:00,209
Says he likes the waitress
up there. Kim Evans.
243
00:16:00,293 --> 00:16:03,479
Find out what she sees in him.
244
00:16:03,563 --> 00:16:07,455
Why you gotta harass me at work? You
see I'm in the middle of the lunch rush.
245
00:16:07,533 --> 00:16:09,286
Kenny Thompson grew
up in the same building with
246
00:16:09,310 --> 00:16:11,013
you, and he was tight
with your brother Manny.
247
00:16:11,037 --> 00:16:12,960
Last thing I heard,
he was locked up.
248
00:16:13,039 --> 00:16:16,487
He wasn't with you the other day? A
couple of cops saw him talking to you.
249
00:16:16,576 --> 00:16:19,755
You and Kenny were hanging out the other
night. Narcs tell us you bought some weed.
250
00:16:19,779 --> 00:16:21,736
Did he ask you to do that?
251
00:16:21,814 --> 00:16:25,433
[Chuckles] Nice. Having
your girl buy the drugs.
252
00:16:25,518 --> 00:16:28,408
Okay, arrest me for
scoring a joint. Go ahead.
253
00:16:28,488 --> 00:16:30,969
We don't want to, 'cause we
pulled your jacket the other day,
254
00:16:31,057 --> 00:16:33,617
and that would be a
violation of your parole.
255
00:16:33,693 --> 00:16:35,810
It looks like you got a
good thing going on here.
256
00:16:35,895 --> 00:16:38,285
Busy place, good tips.
I don't know anything.
257
00:16:38,364 --> 00:16:40,947
$3,000 was taken
from the Burger Kastle.
258
00:16:41,033 --> 00:16:43,479
That was, like, eight years
ago. I had nothin' to do with that.
259
00:16:43,503 --> 00:16:46,951
Maybe you saw Kenny flush that
weekend? I never saw Kenny with any money.
260
00:16:47,039 --> 00:16:48,962
Maybe he bought you a gift?
261
00:16:49,041 --> 00:16:51,055
We talkin' about the
same Kenny Thompson?
262
00:17:10,029 --> 00:17:11,952
Face forward.
263
00:17:17,169 --> 00:17:19,889
Really listen to their voices.
264
00:17:19,972 --> 00:17:25,161
Please step forward one at a
time and say, "Get downstairs."
265
00:17:29,248 --> 00:17:32,730
Get downstairs.
266
00:17:32,818 --> 00:17:35,504
Get downstairs!
267
00:17:35,588 --> 00:17:37,944
- Get downstairs.
- Louder, please.
268
00:17:39,692 --> 00:17:42,412
Get downstairs!
269
00:17:42,495 --> 00:17:45,852
[Man #4] Get downstairs!
[Man #5] Get downstairs.
270
00:17:48,100 --> 00:17:50,683
It could of been any of them.
271
00:17:53,673 --> 00:17:55,995
One more time, please.
272
00:17:57,243 --> 00:17:59,428
Get downstairs.
273
00:17:59,512 --> 00:18:02,266
[Man #2] Get downstairs!
274
00:18:02,348 --> 00:18:04,772
Get downstairs!
275
00:18:04,850 --> 00:18:07,638
[Man #4] Get downstairs!
276
00:18:07,720 --> 00:18:09,768
[Man #5] Get downstairs!
277
00:18:17,029 --> 00:18:19,077
Uh, we're good.
278
00:18:19,165 --> 00:18:21,725
She couldn't I.D. a ham
sandwich. [Chuckles]
279
00:18:21,801 --> 00:18:24,088
So our only problem
now is Lansing?
280
00:18:24,170 --> 00:18:28,119
I wouldn't worry about him. I
can muddy up his story on cross.
281
00:18:28,207 --> 00:18:31,757
Wait. Talk to him now,
see if his story has changed.
282
00:18:31,844 --> 00:18:34,036
He's a prosecution
witness, Kenny. He won't
283
00:18:34,060 --> 00:18:36,430
talk to me. They can
fight us even seeing him.
284
00:18:36,515 --> 00:18:39,701
The rules of discovery entitle you
to talk to any witness on their list.
285
00:18:39,785 --> 00:18:41,746
They can decline to
answer questions, but you
286
00:18:41,770 --> 00:18:43,711
make that son of a
bitch do it to your face.
287
00:18:47,693 --> 00:18:50,583
But you're the
lawyer. It's your call.
288
00:18:56,902 --> 00:18:59,758
[Kibre] Mr. Lansing changed
his name and moved his family...
289
00:18:59,839 --> 00:19:02,593
out of fear of retribution
from Mr. Thompson.
290
00:19:02,675 --> 00:19:07,830
Your Honor can understand why
I'm reluctant to provide the defense...
291
00:19:07,913 --> 00:19:10,735
with Mr. Lansing's
address and phone number.
292
00:19:10,816 --> 00:19:12,773
It's called discovery,
Miss Kibre.
293
00:19:12,852 --> 00:19:15,742
Defense wants a meeting, come up
with a neutral place for it to happen.
294
00:19:15,821 --> 00:19:19,041
Your Honor, regarding the
readmissibility of the confession...
295
00:19:19,125 --> 00:19:22,948
I've read your brief, Ms. Gaffney.
You've touched on some new grounds.
296
00:19:23,029 --> 00:19:25,681
Your Honor— But I find
none of them compelling.
297
00:19:25,765 --> 00:19:29,714
The confession stays out.
On to the defense's motion...
298
00:19:29,802 --> 00:19:33,694
to preclude the police from coming
within 200 feet of the defendant.
299
00:19:33,773 --> 00:19:38,393
Your Honor, the police have engaged in
a pattern of harassment and intimidation.
300
00:19:38,477 --> 00:19:41,265
Mr. Thompson is a
dangerous felon who,
301
00:19:41,347 --> 00:19:43,385
through some loophole
in the legal system,
302
00:19:43,409 --> 00:19:45,569
has been released on
an unsuspecting public.
303
00:19:45,651 --> 00:19:50,510
I take offense that you refer to perjured
testimony as a loophole, Miss Kibre.
304
00:19:50,589 --> 00:19:52,603
What I meant, Your Honor—
I know what you meant.
305
00:19:52,692 --> 00:19:56,140
Obviously, I can't stop the police
from conducting surveillance,
306
00:19:56,228 --> 00:19:59,084
but I can keep them at
a reasonable distance.
307
00:19:59,165 --> 00:20:02,715
Not only will I grant
your motion, Mr. Eckhart,
308
00:20:02,802 --> 00:20:04,657
I will add 100 feet.
309
00:20:11,610 --> 00:20:16,002
This is all for show. The
defense is trying to rattle you.
310
00:20:16,082 --> 00:20:19,371
I really don't have to answer any
of their questions? Absolutely not.
311
00:20:19,452 --> 00:20:23,241
This is a formality.
312
00:20:23,322 --> 00:20:25,302
Okay?
313
00:20:35,668 --> 00:20:37,648
Thank you.
314
00:20:39,205 --> 00:20:42,164
Kenny. What the hell are you doing
here? What? I can't see my own lawyer?
315
00:20:42,241 --> 00:20:45,632
Not here. How did you
know I was gonna be here?
316
00:20:45,711 --> 00:20:49,034
What'd you get out of Lansing?
Nothing. The guy stonewalled.
317
00:20:49,115 --> 00:20:51,334
We gotta get outta here.
They could arrest you for...
318
00:20:51,417 --> 00:20:53,465
Yo, Charlie!
319
00:20:53,552 --> 00:20:58,104
Come on. I know what I'm doin'.
320
00:20:58,190 --> 00:21:00,876
Oh, geez.
321
00:21:03,295 --> 00:21:05,582
Don't you ever grab
me like that again.
322
00:21:11,470 --> 00:21:13,792
I promise you, I had no
idea he was gonna be here.
323
00:21:16,876 --> 00:21:20,267
He could know where I live,
where my daughter goes to school.
324
00:21:20,346 --> 00:21:22,360
The police are picking
up your wife and daughter,
325
00:21:22,448 --> 00:21:26,169
and they're gonna take the three of
you to a hotel until he's in custody...
326
00:21:26,252 --> 00:21:29,006
and for the
duration of the trial.
327
00:21:32,124 --> 00:21:35,515
You're gonna be okay, Charlie.
328
00:21:35,594 --> 00:21:37,950
I'll be right back.
329
00:21:42,835 --> 00:21:44,758
Have we located Thompson?
330
00:21:44,837 --> 00:21:48,888
We're covering all his known
hangouts, but nothing yet.
331
00:21:54,346 --> 00:21:56,173
[Kibre] If we don't
pick him up here, we've
332
00:21:56,197 --> 00:21:58,135
papered his neighborhood
with reward posters.
333
00:21:58,217 --> 00:22:00,539
Ten grand for any information.
334
00:22:00,619 --> 00:22:03,134
Tracey, it's almost 5:00.
335
00:22:03,222 --> 00:22:07,580
He's checked in at Pretrial Services
every day since he was released.
336
00:22:07,660 --> 00:22:11,210
If he was gonna show up,
he'd have been here by now.
337
00:22:11,297 --> 00:22:14,153
Maybe he realized he
screwed up and took off.
338
00:22:14,233 --> 00:22:16,885
And spend the rest of
his life on the run? No.
339
00:22:16,969 --> 00:22:20,292
This guy thinks he's gonna
beat us at trial. He'll show.
340
00:22:21,774 --> 00:22:26,963
Suspect spotted on foot crossing
137th Street. All units, go. Go! Go! Go!
341
00:22:28,347 --> 00:22:31,363
Kenny Thompson!
You're under arrest.
342
00:22:31,450 --> 00:22:34,238
I'm not resisting. You're under
arrest for intimidating a witness.
343
00:22:34,320 --> 00:22:36,518
You have the right to remain
silent. If you give up that
344
00:22:36,542 --> 00:22:38,803
right, anything you say can
and will be used against you.
345
00:22:38,891 --> 00:22:40,746
Kibre. Put Lansing on.
346
00:22:40,826 --> 00:22:44,979
Hello? Charlie, they
just arrested Thompson.
347
00:22:45,064 --> 00:22:48,023
So how does that
help me or my family?
348
00:22:48,100 --> 00:22:50,990
What if you lose the
case and he gets out?
349
00:22:51,070 --> 00:22:52,993
I don't think I
can help you. No.
350
00:22:53,072 --> 00:22:55,717
You're still gonna have to testify,
but— I'm not saying another word.
351
00:22:55,741 --> 00:22:57,960
- Charlie?
- Do what you want to me.
352
00:22:58,043 --> 00:23:00,433
Charlie, listen to me.
353
00:23:00,512 --> 00:23:02,435
Damn it!
354
00:23:05,251 --> 00:23:07,766
He's in custody. You
got what you wanted.
355
00:23:09,421 --> 00:23:11,344
So did he.
356
00:23:16,128 --> 00:23:19,053
He totally played me.
He's-He's orchestrating things.
357
00:23:19,131 --> 00:23:22,147
He got me to arrange a meeting
with Lansing to intimidate him.
358
00:23:22,234 --> 00:23:25,318
You did nothing unethical. You're
covered. But that's not the point, Leigh.
359
00:23:25,404 --> 00:23:28,624
What is the point, Todd? Why would he
intimidate a witness unless he was guilty?
360
00:23:28,707 --> 00:23:31,267
Oh, come on. Whatever he might
have done, it was a long time ago.
361
00:23:31,310 --> 00:23:34,599
He's a different person now. Back
to earth, Leigh! He killed four people!
362
00:23:34,680 --> 00:23:37,366
Keep your voice down!
363
00:23:37,449 --> 00:23:39,304
Do you wanna be
a litigator or not?
364
00:23:39,385 --> 00:23:41,775
The man's a sociopath.
365
00:23:41,854 --> 00:23:43,005
So if one of our corporate
clients has a product
366
00:23:43,029 --> 00:23:44,032
that causes cancer,
we don't defend them?
367
00:23:44,056 --> 00:23:46,134
We only defend the good
guys? That's totally different.
368
00:23:46,158 --> 00:23:47,638
No, it's not.
369
00:23:47,726 --> 00:23:51,151
Your client just did you a favor
by scaring off their one eyewitness.
370
00:23:51,230 --> 00:23:53,984
You can either whine
about that or win with it.
371
00:23:59,104 --> 00:24:02,552
I was reading the
transcript of the original trial.
372
00:24:02,641 --> 00:24:04,564
Your closing's good.
373
00:24:04,643 --> 00:24:08,125
"You wake up, look outside,
374
00:24:08,213 --> 00:24:11,536
"and the ground is blanketed
with untouched snow...
375
00:24:11,617 --> 00:24:14,041
"except for a
set of footprints...
376
00:24:14,119 --> 00:24:17,009
leading to the mailbox
and leading away."
377
00:24:17,089 --> 00:24:20,048
"You find mail in the box.
378
00:24:20,125 --> 00:24:22,640
"You can safely assume
the mailman was there.
379
00:24:22,728 --> 00:24:25,311
"No one saw him, but the
circumstantial evidence...
380
00:24:25,397 --> 00:24:28,219
is compelling beyond
a reasonable doubt."
381
00:24:28,300 --> 00:24:30,314
It's a great analogy.
382
00:24:30,402 --> 00:24:32,655
I'm afraid it didn't have the
desired effect on the jury.
383
00:24:32,738 --> 00:24:35,060
I got the feeling they'd
wanna compare...
384
00:24:35,140 --> 00:24:38,861
a plaster cast of the footprints
to the mailman's boots.
385
00:24:40,879 --> 00:24:42,859
I think...
386
00:24:44,316 --> 00:24:47,138
I'm in trouble, Nick.
387
00:24:47,219 --> 00:24:50,007
I open tomorrow, and
all I've got is Lansing.
388
00:24:50,089 --> 00:24:52,945
And I had to subpoena
him to compel him to appear.
389
00:24:54,860 --> 00:24:56,977
Then you'd better
pray he stays strong,
390
00:24:57,062 --> 00:24:59,281
'cause everything else is
the mailman's footprints.
391
00:25:05,371 --> 00:25:07,294
When you were
sitting on your stoop...
392
00:25:07,373 --> 00:25:10,525
and asked the man for a
cigarette, how far away was he?
393
00:25:11,744 --> 00:25:17,331
A few feet. But it was dark, and
the guy was really dark-skinned.
394
00:25:17,416 --> 00:25:19,806
I really didn't get a good look.
395
00:25:19,885 --> 00:25:23,140
[Kibre] Mr. Lansing?
396
00:25:23,222 --> 00:25:25,441
Charlie?
397
00:25:25,524 --> 00:25:29,245
But you identified the man you talked
to as the defendant, Kenny Thompson?
398
00:25:29,328 --> 00:25:33,720
I guess I did. But
now, I'm not so sure.
399
00:25:37,936 --> 00:25:40,417
Mr. Lansing, is it
true that last week,
400
00:25:40,506 --> 00:25:44,261
contrary to the
order of this court,
401
00:25:44,343 --> 00:25:47,165
Mr. Thompson sought
you out and threatened you?
402
00:25:47,246 --> 00:25:50,364
That's not...
403
00:25:50,449 --> 00:25:53,840
Look, I was pushed into
making this I.D. eight years ago.
404
00:25:53,919 --> 00:25:56,536
Who pushed you? You
came forward on your own.
405
00:25:56,622 --> 00:25:59,308
You testified under
oath before a grand jury.
406
00:26:01,493 --> 00:26:03,416
That's not how I remember it.
407
00:26:09,234 --> 00:26:11,692
Permission to treat
the witness as hostile.
408
00:26:11,770 --> 00:26:14,126
Go ahead. At this time,
409
00:26:14,206 --> 00:26:16,994
the People wish to enter into
evidence Mr. Lansing's testimony...
410
00:26:17,076 --> 00:26:19,295
from the original
grand jury transcript.
411
00:26:19,378 --> 00:26:21,597
We're doing great.
412
00:26:21,680 --> 00:26:24,070
[Judge] That goes back
a long way, Miss Kibre.
413
00:26:24,149 --> 00:26:28,769
[Kibre] The witness made several
sworn statements. Very well.
414
00:26:33,092 --> 00:26:36,642
I just got a text from Dr. Link.
Marisol remembers something.
415
00:26:37,896 --> 00:26:40,513
Find out what.
416
00:26:40,599 --> 00:26:44,718
I saw Ana open the office door.
417
00:26:44,803 --> 00:26:48,991
And I must have
started screaming,
418
00:26:49,074 --> 00:26:52,795
'cause I see the guy
look up at Ana and goes,
419
00:26:52,878 --> 00:26:55,495
"Trey, she's got a gun."
420
00:26:55,581 --> 00:26:58,369
Who said, "Trey,
she's got a gun"?
421
00:26:58,450 --> 00:27:03,502
Colfax—the guy that Ana shot.
422
00:27:05,357 --> 00:27:09,749
Thompson's arrest record
lists "Trey" as one of his aliases.
423
00:27:09,828 --> 00:27:13,117
[Kibre] When exactly did you
remember someone saying...
424
00:27:13,198 --> 00:27:15,918
"Trey, she's got a gun"?
425
00:27:16,001 --> 00:27:20,120
A few days after I
revisited the crime scene.
426
00:27:20,205 --> 00:27:23,164
Did you remember
anything else? Yeah.
427
00:27:26,678 --> 00:27:28,726
Before he shot me,
428
00:27:30,983 --> 00:27:34,272
he put the gun...
429
00:27:34,353 --> 00:27:36,470
in the back of my head...
430
00:27:41,660 --> 00:27:44,277
and he said, "Don't worry.
431
00:27:47,432 --> 00:27:49,617
It'll be fast."
432
00:27:49,701 --> 00:27:54,127
Marisol, after these memories
came back to you, what did you do?
433
00:27:54,206 --> 00:27:57,096
I called Dr. Link.
434
00:27:57,176 --> 00:27:59,293
He's been helping me.
435
00:28:02,681 --> 00:28:04,604
Thank you.
436
00:28:08,854 --> 00:28:11,972
Dr. Link, how did you
get involved in this case?
437
00:28:12,057 --> 00:28:14,481
Tracey Kibre asked me
to evaluate Ms. Rodriguez.
438
00:28:14,560 --> 00:28:16,677
Evaluate or influence?
439
00:28:16,762 --> 00:28:20,711
When Ms. Kibre called, I was
careful to make my role very clear.
440
00:28:20,799 --> 00:28:23,553
I don't believe in trying to force
or shape a patient's memory.
441
00:28:23,635 --> 00:28:26,457
And yet, you participated in an
obvious attempt to trigger a memory,
442
00:28:26,538 --> 00:28:28,393
a visit back to the crime scene.
443
00:28:28,473 --> 00:28:31,056
[Dr. Link] Because Ms.
Rodriguez wanted to be there.
444
00:28:31,143 --> 00:28:33,433
I discussed the
dangers as well as the
445
00:28:33,457 --> 00:28:36,502
potentially therapeutic
outcomes. She chose to go.
446
00:28:36,582 --> 00:28:39,097
Did Marisol Rodriguez ever
spend time in your waiting room?
447
00:28:39,184 --> 00:28:41,642
Yes, before her sessions.
448
00:28:41,720 --> 00:28:44,770
- I imagine, like most doctors,
you have magazines there?
- Yes.
449
00:28:44,856 --> 00:28:48,440
So while she waited, Marisol Rodriguez
could have read those magazines.
450
00:28:48,527 --> 00:28:50,849
Maybe even a back
issue of Manhattan Minute?
451
00:28:50,929 --> 00:28:53,910
Objection. Calls
for speculation.
452
00:28:53,999 --> 00:28:57,857
Do you know whether
she read the magazine?
453
00:28:57,936 --> 00:29:00,826
I don't know whether
she did or she didn't.
454
00:29:00,906 --> 00:29:05,332
I subscribe to that magazine, and
there are back issues in my waiting room.
455
00:29:05,410 --> 00:29:09,927
I offer into evidence a copy of
Manhattan Minute from April 2003.
456
00:29:10,015 --> 00:29:12,337
I call your attention to
the article on page 28...
457
00:29:12,417 --> 00:29:14,636
which profiles the
Burger Kastle massacres...
458
00:29:14,720 --> 00:29:18,202
and refers more than once
to Kenny Thompson as "Trey."
459
00:29:18,290 --> 00:29:23,615
I believe her memory came from the
actual experience, not something she read.
460
00:29:23,695 --> 00:29:25,773
I have no doubt, Dr. Link,
that you have the ability...
461
00:29:25,797 --> 00:29:30,155
to distinguish between real
memories and mere suggestion.
462
00:29:30,235 --> 00:29:33,490
But does Marisol?
463
00:29:40,912 --> 00:29:44,701
I did see Kenny with some
money the day after the robbery.
464
00:29:44,783 --> 00:29:47,070
Why didn't you tell
anyone this before?
465
00:29:47,152 --> 00:29:49,348
Because we were
together then, and he
466
00:29:49,372 --> 00:29:52,011
wasn't the kind of
guy I wanted to piss off.
467
00:29:52,090 --> 00:29:54,207
So you're not together anymore?
468
00:29:54,293 --> 00:29:56,808
He's all uptown now. Told
me I need to lose some weight.
469
00:29:59,131 --> 00:30:01,487
So you're angry at Kenny,
470
00:30:03,035 --> 00:30:07,018
see a chance to get back at him
and make some money in the process.
471
00:30:07,105 --> 00:30:09,495
Look, do you want
my story or not?
472
00:30:09,574 --> 00:30:12,191
How much money did
you actually see on Kenny?
473
00:30:12,277 --> 00:30:15,167
Like a couple thousand.
And it was all weird too,
474
00:30:15,247 --> 00:30:17,330
like rolls of coins
and lots of ones.
475
00:30:17,416 --> 00:30:20,375
What was the money in? Hmm?
476
00:30:20,452 --> 00:30:22,375
Was it loose or in a bag...
477
00:30:22,454 --> 00:30:25,310
Yeah, it was in a bag, like
one of those night deposit bags.
478
00:30:25,390 --> 00:30:27,780
- What color?
- Color?
479
00:30:27,859 --> 00:30:31,250
Yeah. What color was the bag?
480
00:30:31,330 --> 00:30:36,348
Um—I'm not sure.
481
00:30:41,940 --> 00:30:43,920
Was it green?
482
00:30:48,347 --> 00:30:50,270
She's lying.
483
00:30:50,349 --> 00:30:52,500
She knew the money
was in a night deposit bag.
484
00:30:52,584 --> 00:30:54,624
That wasn't released to
the press. She's a waitress.
485
00:30:54,653 --> 00:30:57,236
Of course she knows at
closing, money goes into bags.
486
00:30:57,322 --> 00:30:59,370
Okay, I get it, Kelly.
You didn't buy her story.
487
00:30:59,458 --> 00:31:00,915
Neither did you.
Well, you're wrong.
488
00:31:00,992 --> 00:31:05,885
I did. And even if I didn't, it's not
my problem. It's up to a jury to decide.
489
00:31:05,964 --> 00:31:08,718
Well, you made it your problem
when you told her what to say.
490
00:31:08,800 --> 00:31:09,731
I refreshed her memory.
491
00:31:09,755 --> 00:31:12,046
Call it what you want. I call
it prosecutorial misconduct.
492
00:31:12,070 --> 00:31:13,959
Hey, watch it.
493
00:31:14,039 --> 00:31:17,487
- You put her on the stand,
you'll be suborning perjury.
- You're crossing a line.
494
00:31:17,576 --> 00:31:21,092
No, you are, and it's the same line
that Nick Forster crossed eight years ago.
495
00:31:21,179 --> 00:31:24,160
A decision which will
probably get him disbarred.
496
00:31:24,249 --> 00:31:27,289
Look, tomorrow morning, when I put
Kim on the stand, you're either with me...
497
00:31:27,352 --> 00:31:29,742
or you take a sick day.
498
00:31:37,929 --> 00:31:40,819
[Eckhart] What is
she going to say?
499
00:31:40,899 --> 00:31:44,119
For 10 grand, she'll say anything.
She'll say I confessed to her.
500
00:31:44,202 --> 00:31:46,683
Did you?
501
00:31:46,772 --> 00:31:49,332
Were you wearing
gloves that night, Kenny?
502
00:31:49,408 --> 00:31:51,819
Is that how you were so sure
the fingerprint expert was lying?
503
00:31:51,843 --> 00:31:56,861
All you gotta know about Kim Evans—
She's got a rap sheet longer than mine.
504
00:31:56,948 --> 00:31:58,996
Even you should be
able to discredit her.
505
00:32:00,585 --> 00:32:03,464
[Bailiff] Do you solemnly swear that
the testimony you give will be the truth,
506
00:32:03,488 --> 00:32:06,768
the whole truth, and nothing but the truth,
so help you God? Not so sick after all.
507
00:32:08,260 --> 00:32:10,843
Actually, I am.
508
00:32:13,799 --> 00:32:16,917
Please state your name
for the record. Kim Evans.
509
00:32:17,002 --> 00:32:19,153
What is your relationship
to Mr. Thompson?
510
00:32:19,237 --> 00:32:22,127
I was his girlfriend.
511
00:32:22,207 --> 00:32:26,258
Did you see Mr. Thompson
on April 9, 1997,
512
00:32:26,344 --> 00:32:28,324
the day after the
Burger Kastle killings?
513
00:32:28,413 --> 00:32:30,803
Yeah, I saw him that day.
514
00:32:30,882 --> 00:32:35,570
Did he show you...
515
00:32:35,654 --> 00:32:38,078
Did he...
516
00:32:50,268 --> 00:32:53,158
Your Honor, a moment, please.
517
00:32:53,238 --> 00:32:54,695
All right.
518
00:32:59,277 --> 00:33:03,897
Nod. Write something in your
pad like I'm giving you instructions.
519
00:33:03,982 --> 00:33:07,532
Get your cell phone and make
believe that you're making...
520
00:33:07,619 --> 00:33:11,238
a really important phone call as you leave
the courtroom, and meet me in the hallway.
521
00:33:16,161 --> 00:33:18,175
I have no further
questions for this witness.
522
00:33:18,263 --> 00:33:20,220
But— Mr. Eckhart?
523
00:33:21,566 --> 00:33:24,252
Nothing for this
witness, Your Honor.
524
00:33:24,336 --> 00:33:26,589
[Judge] Do the People
rest, Miss Kibre?
525
00:33:26,671 --> 00:33:29,288
Actually, Your Honor,
we'd like to request a recess.
526
00:33:29,374 --> 00:33:31,093
We'll adjourn until tomorrow.
527
00:33:43,188 --> 00:33:46,044
I hate it when you gloat.
528
00:33:46,124 --> 00:33:49,982
Combed through the old
case file, witnesses, evidence.
529
00:33:50,061 --> 00:33:55,648
So what's new? What do we have that Nick
Forster didn't other than a weaker case?
530
00:33:55,734 --> 00:33:58,624
- Marisol's testimony.
- Well, her story is all over the place.
531
00:33:58,703 --> 00:34:01,889
- It doesn't even jibe
with Thompson's confession.
- How so?
532
00:34:01,973 --> 00:34:06,525
Thompson claims that all of the employees
were blindfolded, bound and gagged...
533
00:34:06,611 --> 00:34:08,571
when Ana came out of
the office with guns blazing.
534
00:34:08,647 --> 00:34:10,229
That's how the
police found them.
535
00:34:10,315 --> 00:34:11,772
Yeah, well, Marisol
claims that...
536
00:34:11,850 --> 00:34:15,503
she saw Ana come out of the
office and then started screaming.
537
00:34:15,587 --> 00:34:18,773
Now, if I'm blindfolded, I can't see.
And if I'm gagged, I'm not screaming.
538
00:34:18,857 --> 00:34:23,909
So Thompson and Colfax were in the process
of gagging Marisol when Ana came out.
539
00:34:23,995 --> 00:34:26,043
Okay.
540
00:34:26,131 --> 00:34:30,956
Okay, so Thompson is in
the process of gagging Marisol.
541
00:34:31,036 --> 00:34:35,861
Or Colfax was doing it, which would explain
why he yelled, "Trey, she's got a gun."
542
00:34:35,941 --> 00:34:41,130
So Ana shoots Colfax before
he gets a chance to gag Marisol.
543
00:34:41,212 --> 00:34:45,400
Then Thompson shoots Ana. But now
he's gotta subdue an hysterical Marisol.
544
00:34:45,483 --> 00:34:50,308
So he picks up the tape. And how do you
rip tape off a roll while holding a gun?
545
00:34:50,388 --> 00:34:52,436
Maybe he uses his teeth.
546
00:34:54,059 --> 00:34:57,143
Let's hope so.
Where's Marisol's gag?
547
00:34:58,997 --> 00:35:03,253
It's useless. It was in that box of
exhibits that had bad water damage.
548
00:35:03,335 --> 00:35:05,691
What about the roll of
tape the gag came off of?
549
00:35:05,770 --> 00:35:08,330
A different box. We
might still have it.
550
00:35:08,406 --> 00:35:12,662
- It could have tooth
marks or— - D.N.A.
551
00:35:12,744 --> 00:35:15,361
I'll call the crime lab.
552
00:35:16,381 --> 00:35:19,306
Ms. Kibre, a delay at
this point in the trial...
553
00:35:19,384 --> 00:35:21,535
Just until the test
results come back.
554
00:35:21,620 --> 00:35:24,408
Your Honor, there's a lack
of fundamental fairness here.
555
00:35:24,489 --> 00:35:26,396
At the last possible
minute, Ms. Kibre is
556
00:35:26,420 --> 00:35:28,540
conducting a complicated
technical procedure.
557
00:35:28,627 --> 00:35:32,553
A procedure which may exonerate
his client and put an end to this trial.
558
00:35:32,631 --> 00:35:36,022
We expect mitochondrial
results back within 24 hours.
559
00:35:36,101 --> 00:35:38,582
The People request a
continuance until that time.
560
00:35:38,670 --> 00:35:41,993
I'll grant the
continuance, Ms. Kibre,
561
00:35:42,073 --> 00:35:46,226
but I trust the People can firmly
establish the chain of custody?
562
00:35:46,311 --> 00:35:49,223
The jury's gonna wanna know whose
hands this roll of tape passed through...
563
00:35:49,247 --> 00:35:52,365
from the moment it was picked
up at the crime scene until today.
564
00:35:52,450 --> 00:35:55,067
[Kibre] Yes, Your Honor.
565
00:35:58,323 --> 00:36:00,906
Where do we stand on the
chain of custody? Not so good.
566
00:36:00,992 --> 00:36:03,043
The C.S.U. detective
who bagged the tape at the
567
00:36:03,067 --> 00:36:05,009
scene died in a car
accident four years ago.
568
00:36:05,096 --> 00:36:07,110
Oh, come on.
569
00:36:07,198 --> 00:36:09,977
Well, somebody else must have seen
him put that tape in the evidence bag.
570
00:36:10,001 --> 00:36:12,960
Somebody did. Nick Forster.
571
00:36:13,038 --> 00:36:16,327
Having me anywhere near
the case weakens it for you.
572
00:36:16,408 --> 00:36:18,593
We've got a D.N.A.
match. I just need you.
573
00:36:18,677 --> 00:36:20,600
I can't do it. I'm not asking.
574
00:36:20,679 --> 00:36:23,604
- I'm calling you to the stand.
- Beer?
575
00:36:23,682 --> 00:36:27,870
- Nick— - Don't you get it?
576
00:36:27,952 --> 00:36:31,104
I cannot testify without
perjuring myself.
577
00:36:32,657 --> 00:36:36,583
Oh, my God. You knew
the fingerprint was bad.
578
00:36:38,663 --> 00:36:42,088
After the confession was
tossed, I was desperate.
579
00:36:42,167 --> 00:36:46,787
How's a guy kill four people and not
leave a single sign of himself behind?
580
00:36:49,174 --> 00:36:51,393
I'm having dinner one night
with this F.B.I. guy—Tanner.
581
00:36:53,244 --> 00:36:57,397
He begs me to let him help me.
582
00:36:57,482 --> 00:37:00,771
On cross, Eckhart is gonna ask
you point-blank about the fingerprint.
583
00:37:02,620 --> 00:37:03,354
I'll lie.
584
00:37:03,378 --> 00:37:06,409
You do and get caught,
Thompson goes free.
585
00:37:07,425 --> 00:37:10,441
Do you realize what
you're asking me?
586
00:37:10,528 --> 00:37:14,818
Yeah. Step up and
admit what you did.
587
00:37:17,368 --> 00:37:19,485
You know I can't do that.
588
00:37:19,571 --> 00:37:22,860
Forget about the job.
589
00:37:22,941 --> 00:37:25,160
I could go to jail.
590
00:37:26,244 --> 00:37:30,636
The man I know wouldn't be able to
live with those bodies on his conscience.
591
00:37:41,760 --> 00:37:44,343
Ariadne Iberra, Ana Pacheco,
592
00:37:44,429 --> 00:37:48,617
Max Loeb and Jose Ruiz.
593
00:37:48,700 --> 00:37:51,852
You were the original prosecutor
in the murders of these individuals?
594
00:37:51,936 --> 00:37:53,222
I was.
595
00:37:54,806 --> 00:37:58,061
Do you recognize
this duct tape? I do.
596
00:37:58,143 --> 00:38:02,660
It was the roll of tape found at
the crime scene on April 8, 1997.
597
00:38:02,747 --> 00:38:05,763
Where was it found?
598
00:38:05,850 --> 00:38:08,410
Right here, outside
the meat locker.
599
00:38:08,486 --> 00:38:10,739
And what was done with it?
600
00:38:10,822 --> 00:38:15,374
I saw Crime Scene Unit Detective Sonnenberg
bag it and enter it into evidence.
601
00:38:15,460 --> 00:38:18,214
[Kibre] And then what? I
personally supervised gathering...
602
00:38:18,296 --> 00:38:20,481
all the evidence at the scene...
603
00:38:20,565 --> 00:38:25,754
and transported it from the restaurant to
the intake technician at the 39th Precinct.
604
00:38:25,837 --> 00:38:29,524
So just to be clear, you
saw Detective Sonnenberg...
605
00:38:29,607 --> 00:38:33,032
bag this roll of duct tape
and enter it into evidence?
606
00:38:33,111 --> 00:38:35,034
Yes.
607
00:38:48,593 --> 00:38:52,644
Isn't it true that the reason
you're not trying this case today...
608
00:38:52,730 --> 00:38:54,847
is because you're currently
under investigation...
609
00:38:54,933 --> 00:38:58,620
for falsifying fingerprint evidence
in the first trial of Mr. Thompson?
610
00:38:58,703 --> 00:39:01,423
Yes.
611
00:39:04,108 --> 00:39:06,623
Did you falsify the fingerprint?
612
00:39:06,711 --> 00:39:09,363
I...
613
00:39:26,631 --> 00:39:28,554
Yes.
614
00:39:32,270 --> 00:39:35,957
You admit you've lied before. Why
should the jury believe you now?
615
00:39:36,040 --> 00:39:40,159
Because I've just
admitted that lie under oath.
616
00:39:40,245 --> 00:39:44,262
Because I'll
probably be disbarred,
617
00:39:44,349 --> 00:39:48,901
and I have nothing left to lose.
618
00:39:48,987 --> 00:39:50,910
I'm finished.
619
00:40:26,190 --> 00:40:28,614
Guilty on all counts. Thank you.
620
00:40:28,693 --> 00:40:30,673
Oh!
621
00:40:34,265 --> 00:40:38,521
The firm has decided to
sever our relationship with you.
622
00:40:38,603 --> 00:40:40,686
We'd be happy to
recommend a public defender.
623
00:40:40,772 --> 00:40:43,458
- No.
- Excuse me?
624
00:40:43,541 --> 00:40:48,400
Sullivan & Sterling will continue as
counsel on my case. Why would we do that?
625
00:40:48,479 --> 00:40:50,919
Because I have at least
seven examples of ineffective
626
00:40:50,943 --> 00:40:53,406
assistance of counsel
committed by our boy Todd here.
627
00:40:53,484 --> 00:40:55,203
That's a lie. Maybe.
628
00:40:55,286 --> 00:40:58,677
But do you really wanna put yourself
and the firm through a hearing?
629
00:41:00,325 --> 00:41:01,907
I'll be in touch.
630
00:41:10,635 --> 00:41:14,322
Branch fire him?
Nope. He resigned.
631
00:41:14,405 --> 00:41:19,525
Smart. This way, he gets
to collect his full pension.
632
00:41:19,610 --> 00:41:21,533
I don't think that
entered into it.
633
00:41:21,612 --> 00:41:23,729
You give people too much credit.
634
00:41:23,815 --> 00:41:26,637
You don't give people enough.
635
00:41:26,718 --> 00:41:28,903
Big risk calling
him to the stand.
636
00:41:28,987 --> 00:41:31,001
I had no choice.
637
00:41:31,089 --> 00:41:34,378
But why not wait for Eckhart to crucify
him? He would have lied to Eckhart.
638
00:41:34,459 --> 00:41:36,542
Then I'd have known he
was giving false testimony.
639
00:41:36,627 --> 00:41:39,187
He could just as easily have
lied to you. I knew he wouldn't.
640
00:41:39,263 --> 00:41:42,552
Come on. You've known
the guy for 15 years.
641
00:41:42,633 --> 00:41:45,489
You're telling me
he never lied to you?
642
00:41:45,570 --> 00:41:47,994
Yeah, he lied to me.
643
00:41:48,072 --> 00:41:50,462
Just not about the law.
644
00:42:20,471 --> 00:42:22,929
[Howling]
645
00:42:23,305 --> 00:43:23,180
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