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[Man Narrating]
In the criminal justice system,
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00:00:02,964 --> 00:00:06,377
the people are represented by two separate
yet equally important groups-
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00:00:06,435 --> 00:00:08,437
the police, who investigate crime,
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00:00:08,503 --> 00:00:11,109
and the district attorneys,
who prosecute the offenders.
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These are their stories.
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Feels like the city's getting
dirtier by the minute.
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Budget crunch.
What do you expect?
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I never thought I'd say this,
but I miss Giuliani.
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00:00:20,949 --> 00:00:23,896
Bite your tongue.
Oh, yeah. Look at this guy.
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Geez. He doesn't look very good
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00:00:27,789 --> 00:00:31,032
Hey, kid,you all right?
Is he breathing?
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Call 911.
I don't feel a pulse.
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- [Man] He was strangled
- [Briscoe] When did it happen?
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Sometime within the last four hours.
So about the same time the snow started?
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00:00:41,103 --> 00:00:43,777
What makes you think
he was choked to death? Petechial hemorrhages.
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Strangulation until proven otherwise.
Autopsy will confirm one way or the other.
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I don't see any marks or bruises
Skin's gotta dry out for ligature marks to really pop.
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Might not show up until tomorrow.
Any I.D.?
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Over there
[Green] Hey, yo! Hey man, what do you got?
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Contents of the pockets.
No wallet, but we're still looking.
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House keys, spare change,
fresh pack of smokes.
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That's one way
to kick the habit.
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Found this in his stomach.
Could be off the killer's cuff.
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It's a white button and white thread.
It's pretty generic.
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Well, if the killer had him
in a choke hold-- He bit it off trying to escape?
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He was being strangled to death.
How would he manage that?
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He could still swallow.
Huh?
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Look, your garden-variety,
two-handed choke hold severely compresses the neck...
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and prevents oxygen
from reaching the lungs.
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Right. If you can't breathe,
you can't swallow. Right. But this one...
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applies just enough pressure
to block venous out?ow from the brain.
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Meanwhile, the carotids
are still pumping blood in.
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You keep that up
for four or five seconds, blood floods the brain,
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the capillaries start exploding
like popcorn.
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Four or five seconds?
Correct.
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Somebody knew
what he was doing.
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You could pick up
this move a lot of places-- martial-arts training, the military.
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- Mm-hmm. Law enforcement.
- Back in the day, we called it the sleeper hold.
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Used it to restrain suspects.
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Trouble is, it put some of them
to sleep for good.
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Tell me we have an I.D.
Mm-hmm. The vic's name is Brian Teague. B.C.I. had his prints on file.
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I love it when their fingers do the talking.
In Teague's case, they couldn't shut up.
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Four collars for
disturbing the peace, one for assault, another one for resisting arrest.
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Well, maybe he just
mouthed off once too often.
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00:03:06,748 --> 00:03:09,922
It doesn't feel like a street fight to me.
He didn't have any other injuries.
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His wallet's missing.
Somebody could have jumped him. The lab's examining that button.
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They told us not to hold our breath
unless we get 'em a suspect and the shirt off his back.
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Okay. So where does that leave us?
With a last known address.
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[Man] Sorry to hear about Brian.
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Most of the tenants here are students.
Pains in the asses, I can tell you that.
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We heard Teague had a rep
for acting up.
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No, he was one of the nicer ones.
Always said hello.
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Lot of these other kids make like
I'm invisible. My lot in life to clean up after 'em.
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Who's this?
Don't know her name. Seen her coming and going few times.
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Girlfriend, maybe?
I don't get involved.
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Hey, no wonder Teague had that
rap sheet. He's been disturbing the peace fighting for it.
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There's a whole bunch
of rally ?yers here.
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New Yorkers for Peace,
Bring Our Troops Home Now Coalition.
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Kid tried to get me to sign a petition.
Did you?
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Like I said--
Yeah, I know, you don't get involved.
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Hey, incoming messages.
[Beep]
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[Woman] Bri, it's Rehana.
I'm here waiting for you. Where the hell are you?
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[Beep]
[Rehana] It's me again. I'm going home. See you tomorrow.
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[Beep]
Rehana? Is that an Indian name?
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Sounds Indian to me.
�See you tomorrow." That protest is today.
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[Shouting, indistinct]
We met at a W.T.O. demonstration.
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Brian was a chain-smoker.
I was trying to quit.
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He was so cute, I couldn't resist.
I bummed a smoke off him.
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And one thing
led to another and, uh--
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You were boyfriend and girlfriend?
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We were more than that.
We were soul mates.
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What about yesterday?
Were you two together?
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We were at
the Handleton demonstration.
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Handleton?
The construction company?
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The one making billions in Iraq
and Afghanistan? I mean, that's the reason why these wars started.
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00:04:49,751 --> 00:04:53,756
Really? I thought it was 9/11
and 3,000 dead Americans.
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Well, where were these demonstrations?
Outside the C.E.O.'s townhouse on King Street.
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How long were you there?
Till about 3:00.
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The cops came and cleared us out.
We got separated.
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We were supposed to
meet back at the car at 6:00, but-but Brian never showed.
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- The car? The only keys they found
on him were his house keys. - His parents' car, actually.
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I'm gonna call in a BOLO
What kind of car?
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It's a black S.U.V. Lexus.
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I'm gonna have 'em call Impound
and check repair shops. Maybe they towed the car.
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[Woman] Where were the police?
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Too busy protecting
the C.E.O. of Handleton.
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We're very sorry for your loss,
Mrs. Teague.
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Actually, the murder took place
several hours after the protest.
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So the police and the demonstrators
had already left the scene.
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00:05:40,969 --> 00:05:44,815
Any witnesses?
Uh, any idea what happened?
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00:05:44,873 --> 00:05:48,377
Not so far. Uh, can you think of
anybody we should talk to?
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[Mrs. Teague]
What do you mean?
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Well, Mrs. Teague,
your son had a history of, how should I put it... confrontation?
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We taught him to speak his mind,
to stand up for what he believed in.
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In a pretty aggressive manner.
Disorderly conduct, assault--
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No, no, no. Civil disobedience.
Brian never hurt anyone.
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Are you blaming Brian
for what happened?
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No. No, not at all. I'm just saying
that maybe somebody took exception.
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Somebody he'd tangled
with in the past?
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I can't think of anyone.
Honestly.
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Well, we think the murder took
place near where he parked the car,
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and the killer may have
used it to flee the scene.
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So if we could locate your car-
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A copy of the registration's
in my study.
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I'll be right back.
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I'm thinking we oughta
recanvas the crime scene. Why? What'd we miss?
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Well, the girl said the kid was
a heavy smoker. He was found with an unopened pack.
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Oh, you thinkin'
he bought them that day. Hopefully, in that neighborhood.
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I didn't sell this kid any cigarettes.
How can you be so sure?
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I told him to get lost.
He was fighting with this other guy.
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They were knocking over
all my magazines. I told them to �Take hike."
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To both of them.
Did you get a good look at the other guy?
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Yeah. Sure. He's my mailman.
This is his route. I see him every day.
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I wouldn't call it a fight.
What would you call it?
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A disagreement.
Okay.
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So what was
the disagreement about?
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Well, the jerk wants to
rag on America. It's a free country.
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Hey, I fought for
their right to be stupid.
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00:07:27,242 --> 00:07:29,347
But these kids, you know,
they're blocking all the foot traffic.
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I got a 70-pound cart
and a load to deliver.
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So what, you told him
to get the hell out of the way?
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No. I asked him to step aside
very politely, you know.
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And the kid tells me
to go screw myself.
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Yeah. That was part of the disagreement.
But it didn't end there.
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Look, I tried walking down the block. The kid
followed me, talking all kinds of trash.
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I was about to call my supervisor-
So why didn't you?
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This cop, you know,
he broke it up.
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He was about to let us both go.
But the kid just wouldn't quit.
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Before I know it, the cop's shoving
him in the back of his squad car.
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For what? For talking back?
No. For giving the cop the bird.
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I would've slapped the cuffs
on him too.
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I wonder why we didn't find
a record of this arrest when we pulled Teague's file?
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It just happened yesterday.
Maybe he's slow on his paperwork. Yeah. Maybe.
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00:08:13,321 --> 00:08:16,530
Maybe he just drove the kid
around the block to scare him and then let him go.
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Uh-huh. Maybe.
Why? You think this cop choked Teague?
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Well, like you said,
this sleeper hold's an old academy move.
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Yeah, and it's been banned since Lindsay
was mayor. I mean, Teague was killed hours after the cop arrested him.
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Okay. So I'm wondering
what happened in between?
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We had about
five guys working that rally-- three in plainclothes, two in uniform.
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That's all? I mean, we were
talking to one of the protesters.
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She made it sound like
the March on Washington.
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Yeah, right. A couple a dozen of
these college kids with nothing better to do. Wish I had that kinda free time.
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Hey, the two unis,
they got names? We got a problem here?
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One of them broke up a fight
between one of the protesters and a mail carrier.
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Oh, that. Yeah.
Officer's name is Jeff Dawson.
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You know that kid?
What a royal pain in the ass.
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00:09:01,603 --> 00:09:04,447
Uh, wait. He made it
to the precinct? All the way to a holding cell.
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Wouldn't shut up for a single second,
hollering for a lawyer.
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Hey, we didn't see
a record of his arrest.
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00:09:09,777 --> 00:09:12,280
'Cause I voided it.
Why?
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00:09:12,347 --> 00:09:17,626
A couple months back,
Dawson detains a few demonstrators. Forgot to let them use the John.
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00:09:17,685 --> 00:09:19,687
ACLU filed a lawsuit.
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00:09:19,754 --> 00:09:23,258
Hey, I didn't want him
working that protest, just somebody else banged in sick.
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00:09:23,324 --> 00:09:26,897
- So you cut Teague loose?
- Kid threatened to file a C.C.R.B. over nothing.
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00:09:26,961 --> 00:09:31,034
Sol tried to smooth things over.
Even arranged for that little twerp to get a ride back to his car.
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00:09:31,099 --> 00:09:33,705
Hope you didn't give
that assignment to Dawson.
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00:09:33,768 --> 00:09:38,183
I look like an idiot, Detective?
Dawson's head was already full of steam about letting that kid go.
158
00:09:38,239 --> 00:09:40,344
I sent an R.M.P. to take him back.
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00:09:42,343 --> 00:09:45,381
What do you want me to say?
You sure you dropped the kid off?
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00:09:45,446 --> 00:09:48,484
Why would I lie?
Well, to cover for your buddy, Dawson.
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00:09:48,549 --> 00:09:50,893
Or maybe you're
covering for yourself.
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You think I killed him?
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No. �A"-- you're too young
to know the choke hold that killed the kid,
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00:09:56,557 --> 00:09:59,504
and �B"-- you're too short
to use it even if you did.
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00:09:59,560 --> 00:10:01,540
And what's �C�? I'm a woman?
I wasn't gonna say that.
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00:10:01,596 --> 00:10:05,100
You think I shouldn't be a cop?
You old-schoolers are all alike.
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00:10:05,166 --> 00:10:08,079
All I'm saying is,
maybe you saw what went down.
168
00:10:13,441 --> 00:10:18,151
I wasn't with Jeff. But I know him.
He wouldn't do something like this.
169
00:10:18,212 --> 00:10:20,089
All right. So why don't you
tell us what happened?
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00:10:21,683 --> 00:10:27,133
I was pulling out,
giving the kid a ride back to the car Jeff taps on the window, hops in.
171
00:10:27,188 --> 00:10:30,294
We get there. Jeff says he wants
a few minutes alone with the guy
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00:10:30,358 --> 00:10:34,465
- He say why?
- You know, explain the facts of life.
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00:10:34,529 --> 00:10:39,842
So, he gets out,
opens the back door, pulls the kid out, walks him around the corner.
174
00:10:39,901 --> 00:10:43,348
A few minutes later he comes back.
He's laughing.
175
00:10:43,404 --> 00:10:45,850
He says he really messed up
the kid's car.
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00:10:45,907 --> 00:10:48,046
I think he did
a little bit more than that.
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00:10:51,045 --> 00:10:54,390
Docket number 49803,
Richard Houck--
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00:10:54,449 --> 00:10:56,395
[Briscoe]
Jeff Dawson?
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00:10:56,451 --> 00:11:00,957
Listen, I gotta testify against
a Wail Streeter who made a right on red on Park Avenue.
180
00:11:01,022 --> 00:11:06,335
You mind if we chat after?
You know what? I'm not sayin' anything till I talk to my delegate.
181
00:11:06,394 --> 00:11:10,240
- What makes you think we're I.A.?
- Kid filed a complaint, right?
182
00:11:10,298 --> 00:11:12,869
He couldn't.
Oh, so you're not I.A.?
183
00:11:12,934 --> 00:11:15,073
Nope. Homicide.
184
00:11:15,136 --> 00:11:18,948
- This kid's dead?
- Mm-hmm. Somebody choked him to death.
185
00:11:19,007 --> 00:11:22,386
And as far as we know, you were
the last person to see him alive.
186
00:11:22,443 --> 00:11:26,687
Whoa, whoa, whoa. The only thing
I am guilty of giving that little punk is a civics lesson.
187
00:11:26,748 --> 00:11:31,561
Okay. You wanna explain that?
I told him somebody was gonna kick his can if he didn't learn a little respect.
188
00:11:31,619 --> 00:11:35,431
Only somebody beat me to it.
They customized his car. Customized?
189
00:11:35,490 --> 00:11:39,529
Two slashed tires,
they scratched the driver's side door. You know what he says to me?
190
00:11:39,594 --> 00:11:42,575
He says, �Oh, my Dad's gonna kill me."
Like he's a little teenager or something.
191
00:11:42,630 --> 00:11:44,906
Man, I couldn't stop laughin'.
Was he pissed.
192
00:11:44,966 --> 00:11:48,209
All right, man. You told your partner
that you scratched that car.
193
00:11:48,269 --> 00:11:51,716
Yeah, sure. I had to save face, right?
What, I went all the way down there for nothin'?
194
00:11:51,773 --> 00:11:53,810
[Man] Docket number 49804.
195
00:11:53,875 --> 00:11:56,879
Listen, that's my right on red.
Are we cool?
196
00:11:56,944 --> 00:11:58,946
[Briscoe] Go ahead
197
00:12:00,548 --> 00:12:05,054
Well, I don't particularly like him,
but I don't particularly like him for Teague's murder either.
198
00:12:05,119 --> 00:12:10,000
- He said the kid had two flats?
- Yeah. Two flats, one spare. The car had to be towed.
199
00:12:10,058 --> 00:12:12,629
Well, we checked Impound
and every garage in the neighborhood.
200
00:12:12,693 --> 00:12:15,173
What about the parents' neighborhood?
201
00:12:17,131 --> 00:12:20,112
What time did he call for the tow?
About 8:30.
202
00:12:20,168 --> 00:12:23,342
How long did it take you to get there?
Fifteen, 20 minutes, tops.
203
00:12:23,404 --> 00:12:27,216
[Briscoe]And he was by himself
Yeah. I offered him a lift. He wasn't interested.
204
00:12:27,275 --> 00:12:30,813
Said he would just hail a cab.
Did he happen to say where he was calling from?
205
00:12:30,878 --> 00:12:33,222
Someplace noisy.
Sounded like a bar to me.
206
00:12:33,281 --> 00:12:36,854
Hey, Lennie, Brian Teague's wallet.
Found it under the front seat.
207
00:12:36,918 --> 00:12:39,262
Well, that's one mystery solved.
208
00:12:41,589 --> 00:12:44,593
[Pool Balls Clicking]
You seen this guy around here in the last few days?
209
00:12:47,061 --> 00:12:51,532
Nah. Not our client?le.
Try Feluzzi's up the block. This is yuppie scum.
210
00:12:51,599 --> 00:12:54,170
Look, man, he wasn't slumming.
He may have come in to use the pay phone.
211
00:12:54,235 --> 00:12:57,682
His car broke down. He needed a tow.
Sorry. Doesn't ring a bell.
212
00:12:59,507 --> 00:13:03,011
Well, he certainly rang my bell.
You saw him?
213
00:13:03,077 --> 00:13:08,322
Well, sure. Cute young guy
got all his own hair and no paunch walks into a dump like this?
214
00:13:08,382 --> 00:13:10,555
Makes a girl sit up
and take notice.
215
00:13:13,688 --> 00:13:15,565
Did he talk to anybody?
216
00:13:15,623 --> 00:13:19,196
No. Just made his call,
that was it.
217
00:13:19,260 --> 00:13:22,969
So he didn't sit at the bar,
have a couple drinks, say two words to anybody?
218
00:13:23,030 --> 00:13:28,036
He was on the phone.
I stepped into the ladies' room, and when I came out, he was gone.
219
00:13:29,537 --> 00:13:31,483
We matched the phone records
from the body shop.
220
00:13:31,539 --> 00:13:35,043
Teague made a call for a tow
from a bar called McNulty's on Carmine Street.
221
00:13:35,109 --> 00:13:37,055
It's a few blocks away
from the crime scene.
222
00:13:37,111 --> 00:13:40,456
Yeah. It's a dive.
Looks like a vets' hangout. You know, flags, medals.
223
00:13:40,515 --> 00:13:44,156
What did the patrons have to say?
Nothin'. Only one of 'em even remembered the kid.
224
00:13:44,218 --> 00:13:46,357
And they were a little fuzzy
on the details.
225
00:13:46,420 --> 00:13:51,096
Maybe there's a reason.
The lab lifted some prints from Teague's wheel rims.
226
00:13:51,159 --> 00:13:56,404
- Ronald Gibbons. Who is he?
- He has one prior-- barroom brawl, Fort Bragg, North Carolina.
227
00:13:56,464 --> 00:13:59,138
- He's a vet.
- I checked with the army's personnel command.
228
00:13:59,200 --> 00:14:01,680
Gibbons served five years Special Ops.
229
00:14:02,770 --> 00:14:05,250
He saying I kinked up his car?
230
00:14:05,306 --> 00:14:09,652
Well, tell him he can sue me.
I mean, isn't that what makes America great?
231
00:14:09,710 --> 00:14:13,351
That's the civil side
of the justice system, Ron. We deal with the criminal side.
232
00:14:13,414 --> 00:14:16,258
Oh, come on.
Two detectives for what, a misdemeanor?
233
00:14:16,317 --> 00:14:19,025
For Brian Teague.
You know, the traitor?
234
00:14:19,086 --> 00:14:21,032
What are you guys talking about?
[Green] He's dead
235
00:14:21,088 --> 00:14:25,366
That turns your misdemeanor
into an �A� felony. Hey, I never even saw the guy.
236
00:14:25,426 --> 00:14:28,464
So you just happen to mess up
his car the night he got killed?
237
00:14:30,731 --> 00:14:33,007
Hey, �France was right."
[Green] What?
238
00:14:33,067 --> 00:14:35,638
That's what the bumper sticker
said-- �France was right."
239
00:14:35,703 --> 00:14:39,310
And that's why you wrecked his ride?
That guy don't know what he's got.
240
00:14:39,373 --> 00:14:44,755
Doesn't appreciate what a lot of
other people have sacrificed so he could put that stupid sticker on his car.
241
00:14:44,812 --> 00:14:48,055
That's a lovely story, Ron.
But it won't fly. We did our homework.
242
00:14:48,115 --> 00:14:50,755
You're ex-army.
Airborne, Special Forces.
243
00:14:50,818 --> 00:14:53,992
Trained in hand-to-hand combat.
Meaning what?
244
00:14:54,055 --> 00:14:57,798
- Meaning Brian was killed by somebody
with your particularskill set. - Yeah?
245
00:14:57,859 --> 00:14:59,964
Now let me tell you
why that doesn't fly.
246
00:15:00,027 --> 00:15:02,166
The day I touched up his car?
247
00:15:02,230 --> 00:15:06,007
That night,
I was 20 feet below Perry Street putting out an electrical fire.
248
00:15:07,802 --> 00:15:10,214
Ah, look, fellas,
I'm in enough trouble already.
249
00:15:10,271 --> 00:15:13,741
I mean, vodka makes me a lot chattier
than I ought to be, you know?
250
00:15:13,808 --> 00:15:16,687
Really?
I thought it was our good looks and charming demeanor.
251
00:15:16,744 --> 00:15:18,951
Hey, look, Tina,
you-you know what I think?
252
00:15:19,013 --> 00:15:22,290
I think that somebody came down
pretty hard on you for talking to us.
253
00:15:22,350 --> 00:15:24,990
Listen, this is my neighborhood.
254
00:15:25,052 --> 00:15:27,396
I... I gotta live here.
I mean, these are my friends.
255
00:15:27,455 --> 00:15:30,664
Well, it won't get back to them.
I promise you. Oh, sure.
256
00:15:30,725 --> 00:15:35,265
Hey. You know that cute kid
who came to the bar that night? He's dead.
257
00:15:35,329 --> 00:15:38,276
Somebody choked the life out of him.
I know.
258
00:15:38,332 --> 00:15:40,710
We're just trying to
make it right for his family.
259
00:15:40,768 --> 00:15:43,806
Look, if you know anything, please--
260
00:15:46,607 --> 00:15:50,885
The kid comes in, asks for change
for the pay phone, calls for a tow.
261
00:15:50,945 --> 00:15:53,448
I go to the ladies' room,
powder my nose.
262
00:15:53,514 --> 00:15:56,859
When I come out,
he's mixing it up with one of the regulars.
263
00:15:56,917 --> 00:15:59,625
- What do you mean, �mixing it up�?
- Well, you know, yelling and cursing,
264
00:15:59,687 --> 00:16:01,826
saying this guy keyed his car,
slashed his tires.
265
00:16:01,889 --> 00:16:04,995
Is this the guy
Teague had a fight with?
266
00:16:05,059 --> 00:16:08,040
Ronnie Gibbons.
Yeah. Yeah. He was there that night.
267
00:16:08,095 --> 00:16:12,373
But the kid wasn't yelling at Ronnie.
He was yelling at Kenny.
268
00:16:12,433 --> 00:16:16,779
- Kenny? Kenny got a last name?
- Well, I... I just know him as Kenny.
269
00:16:16,837 --> 00:16:22,116
But he usually
drops by the bar around 5:00, right after he finishes his route.
270
00:16:22,176 --> 00:16:25,817
[Green] His route?
Yeah. He's a mailman.
271
00:16:27,782 --> 00:16:31,525
Look, I told you.
He was blocking my path, I asked him to move,
272
00:16:31,585 --> 00:16:34,691
we had a few words
and the cop took him away, end of story.
273
00:16:34,755 --> 00:16:40,603
Kenny, we have a witness
who was in the bar that night He saw you tangle with Teague.
274
00:16:42,263 --> 00:16:46,837
Okay, okay. He came into McNulty's,
and he started in again.
275
00:16:46,901 --> 00:16:48,972
But he's the one that
got in my face, I swear.
276
00:16:49,036 --> 00:16:52,279
[Briscoe] What about?
He said I trashed his car, which was bull.
277
00:16:52,339 --> 00:16:56,754
- That had to have pissed you off.
- He was just talk. Smart-ass kid
278
00:16:56,811 --> 00:17:01,590
- So you let him have it, right?
- Nah. He ran his mouth some more, and he left.
279
00:17:01,649 --> 00:17:04,186
And that's the last I saw
of that little bastard.
280
00:17:04,251 --> 00:17:06,253
No, it wasn't.
You followed him out of the bar.
281
00:17:06,320 --> 00:17:09,858
After they towed his car,
you caught up with him. That was the last time you saw him.
282
00:17:09,924 --> 00:17:14,896
I know what it's like.
You had a tough day so you had a few,
283
00:17:14,962 --> 00:17:18,341
and the wrong person
says the wrong thing.
284
00:17:18,399 --> 00:17:21,039
You know, juries go easy
on a guy like you, Kenny.
285
00:17:21,102 --> 00:17:23,605
A working man, a veteran.
286
00:17:23,671 --> 00:17:26,481
This kid, this anti-war protestor,
287
00:17:26,540 --> 00:17:31,785
he picks a fight with you
earlier that day, and now he walks into your bar.
288
00:17:36,250 --> 00:17:38,821
I think I want to see a lawyer now.
289
00:17:38,886 --> 00:17:41,389
You're gonna need one, Mr. Silva.
290
00:17:41,455 --> 00:17:47,428
The lab says the button and thread
found in the victim's stomach came off the shirt of a postal worker.
291
00:17:47,495 --> 00:17:49,873
Arrest him.
292
00:17:56,203 --> 00:18:00,777
Docket number 67905--
People v. Patricio Kenneth Silva.
293
00:18:00,841 --> 00:18:03,219
The charge is murder
in the second degree.
294
00:18:03,277 --> 00:18:06,690
- How does the defendant plead?
- Not guilty, Your Honor.
295
00:18:06,747 --> 00:18:08,522
People's position on bail,
Ms. Southerlyn?
296
00:18:08,582 --> 00:18:12,394
- $500,000 bail, Your Honor.
- Mr. Chiles?
297
00:18:12,453 --> 00:18:17,027
My client has no history of
violent behavior, no criminal record, unlike the man he's accused of killing.
298
00:18:17,091 --> 00:18:19,264
How about a little give,
Ms. Southerlyn?
299
00:18:19,326 --> 00:18:21,567
Mr. Silva is divorced
without any known dependents.
300
00:18:21,629 --> 00:18:23,631
The People consider him
to be a flight risk.
301
00:18:23,697 --> 00:18:26,200
Mr. Silva is a model citizen.
302
00:18:26,267 --> 00:18:29,714
He is an immigrant who served
this country with distinction,
303
00:18:29,770 --> 00:18:33,217
who wouldn't be here now
if he hadn't been goaded beyond endurance by a young hothead.
304
00:18:33,274 --> 00:18:35,584
Is that an admission of guilt,
counselor?
305
00:18:35,643 --> 00:18:40,092
- Bail is set at $500,000. Next.
- [Gavel Raps]
306
00:18:41,649 --> 00:18:45,495
It sounds to me like Chiles
is exploring the idea of a self-defense claim.
307
00:18:45,553 --> 00:18:48,727
A trained soldier
against a student activist? Who's going to buy that?
308
00:18:48,789 --> 00:18:53,499
Well, it's not as far-fetched
as you think. Silva's got a Bronze Star to go along with a spotless record.
309
00:18:53,561 --> 00:18:56,542
And Teague has a rap sheet
and a history of provoking people.
310
00:18:56,597 --> 00:19:01,910
He challenged a cop on the street,
took on Silva on his own turf. He was combative, to say the least.
311
00:19:01,969 --> 00:19:05,940
Let's find out if the victim's
as much of an agitator as the defense will claim.
312
00:19:09,076 --> 00:19:11,579
I'm not saying Brian
was a shrinking violet.
313
00:19:11,645 --> 00:19:13,591
You know, he knew how to
stand up for himself.
314
00:19:13,647 --> 00:19:18,960
But that night in the bar
wasn't the first time that Silva attacked Brian.
315
00:19:19,019 --> 00:19:21,397
They got into a fight
earlier that day.
316
00:19:21,455 --> 00:19:24,732
A few months ago
at a community board meeting. I thought you knew.
317
00:19:24,792 --> 00:19:30,435
No, I didn't. What happened?
Silva was pushing the community board to convince the city council...
318
00:19:30,498 --> 00:19:34,776
they rename a street
in the memory of a soldier who was killed in Afghanistan.
319
00:19:34,835 --> 00:19:39,181
Brian was dead set against it.
Said it glorified an unjust war.
320
00:19:39,240 --> 00:19:41,379
Silva went ballistic.
321
00:19:41,442 --> 00:19:44,855
Told Brian he was lucky
to be living in the good old U.S.A.
322
00:19:44,912 --> 00:19:48,621
Why was Silva so gung ho
about renaming the street? Was this soldier someone he knew?
323
00:19:48,682 --> 00:19:50,684
His son.
324
00:19:52,186 --> 00:19:55,690
Teague wasn't even here about
renaming the street. He was just dropping off an anti-war petition.
325
00:19:55,756 --> 00:19:58,760
What happened?
He got up and made a speech. It was incredibly insensitive.
326
00:19:58,826 --> 00:20:01,238
He didn't understand the situation.
Which was?
327
00:20:01,295 --> 00:20:04,742
We gave Silva the floor,
let all his friends speak.
328
00:20:04,798 --> 00:20:08,336
Figured, in a way, it could be
our own community tribute to his son.
329
00:20:08,402 --> 00:20:12,248
As for renaming the street,
practically speaking, that was never gonna happen.
330
00:20:12,306 --> 00:20:14,616
City bureaucracy?
To begin with.
331
00:20:14,675 --> 00:20:20,148
And then there are just so many people
to pay tribute to, the cops and firefighters from 9/11 at the top of the list.
332
00:20:20,214 --> 00:20:22,922
I figured the least we could do
was to hear a grieving father out.
333
00:20:22,983 --> 00:20:25,725
Everybody gets to say what
a good boy this Silva kid was,
334
00:20:25,786 --> 00:20:27,766
how much he deserves to have
a street named after him?
335
00:20:27,821 --> 00:20:31,064
But then this Teague kid gets up
and starts condemning the war.
336
00:20:31,125 --> 00:20:34,334
People were mortified.
It was so inappropriate. What did Silva do?
337
00:20:34,395 --> 00:20:36,341
I thought he was gonna
have an aneurysm.
338
00:20:36,397 --> 00:20:40,243
He thinks this kid is attacking
the soldiers and spitting on the memory of his dead son.
339
00:20:40,301 --> 00:20:43,612
He wasn't?
No. He kept saying he wanted to bring the troops home.
340
00:20:43,671 --> 00:20:46,379
That they shouldn't have to
die for oil, that kind of stuff.
341
00:20:46,440 --> 00:20:51,480
Which only made matters worse.
Sure. What Kenny heard was this guy saying his son died for nothing.
342
00:20:51,545 --> 00:20:55,425
Made him crazy. It got ugly.
We had to separate them.
343
00:20:55,482 --> 00:20:57,689
I was just glad his wife was there
to calm him down.
344
00:20:57,751 --> 00:20:59,890
His wife?
Ex-wife.
345
00:20:59,954 --> 00:21:04,027
She spoke, too, about their son.
It was heartbreaking.
346
00:21:08,195 --> 00:21:11,699
Matt was two weeks shy
of coming home,
347
00:21:11,765 --> 00:21:15,713
and his helicopter gets shot down
by a Taliban missile.
348
00:21:15,769 --> 00:21:20,718
Kenny had his heart set on
having a street named after our son in our neighborhood.
349
00:21:20,774 --> 00:21:25,245
The board president said
it was a long shot at best. I know.
350
00:21:25,312 --> 00:21:28,816
But I encouraged Kenny anyway.
351
00:21:28,882 --> 00:21:31,453
He's been a shell of himself
since Matt died.
352
00:21:31,518 --> 00:21:34,727
I thought it would give him
something to live for.
353
00:21:34,788 --> 00:21:37,962
He's been depressed?
We both have.
354
00:21:38,025 --> 00:21:40,733
Our only child.
355
00:21:40,794 --> 00:21:43,798
You have no idea
how much it hurts.
356
00:21:46,066 --> 00:21:48,012
I'm sure I don't.
357
00:21:48,068 --> 00:21:51,311
But Kenny even more than me.
358
00:21:51,372 --> 00:21:53,511
They were so close.
359
00:21:54,875 --> 00:21:56,946
Fathers and sons, you know?
360
00:21:58,245 --> 00:22:03,456
I knew it wasn't gonna happen.
But your ex-husband still blamed Brian Teague.
361
00:22:03,517 --> 00:22:06,987
Twenty people spoke for us
at that meeting.
362
00:22:07,054 --> 00:22:11,935
And that kid,
he gets up and he starts in.
363
00:22:11,992 --> 00:22:16,737
A rich kid who's had everything
in his life handed to him,
364
00:22:16,797 --> 00:22:21,803
and he calls my baby a murderer?
365
00:22:21,869 --> 00:22:25,510
I can certainly understand
why your ex-husband would be bitter.
366
00:22:27,274 --> 00:22:31,848
I think Kenny would have gotten over it.
It was Ronnie who wouldn't let it go.
367
00:22:31,912 --> 00:22:36,691
- Ronnie?
- Kenny's best friend. Ronnie Gibbons.
368
00:22:38,452 --> 00:22:42,594
My client's already pleaded to
criminal mischief and paid his fine. What more do you want?
369
00:22:42,656 --> 00:22:44,727
I told the detectives
everything I know.
370
00:22:44,792 --> 00:22:46,965
You never mentioned
your friendship with Kenneth Silva,
371
00:22:47,027 --> 00:22:52,033
the man charged with killing
the driver of the car you vandalized on the day he was murdered
372
00:22:52,099 --> 00:22:55,273
You lied to the police about
your whereabouts that night.
373
00:22:55,336 --> 00:22:57,873
And your fingerprints
are on the victim's car.
374
00:22:57,938 --> 00:23:02,648
He cooperates?
[McCoy] Full immunity for his testimony against Mr. Silva.
375
00:23:03,711 --> 00:23:05,691
I can't rat out a friend.
376
00:23:05,746 --> 00:23:10,024
Mr. Gibbons, you're facing
an indictment for murder if you don't.
377
00:23:11,085 --> 00:23:14,225
Ron, you need to consider this.
378
00:23:21,228 --> 00:23:25,574
All right, I keyed the kid's car, okay?
I slashed his tires.
379
00:23:25,633 --> 00:23:27,613
Stupid, but I was pissed.
380
00:23:27,668 --> 00:23:30,410
How did you know it was his car?
Kenny pointed it out.
381
00:23:30,471 --> 00:23:34,544
Said he'd seen the kid pull in
and park earlier that day.
382
00:23:34,608 --> 00:23:38,954
And then, when-when Teague walked
into Mac's, we couldn't believe it.
383
00:23:39,013 --> 00:23:42,085
It was like wavin' a red flag
in front of a bull.
384
00:23:42,149 --> 00:23:44,652
You'd both been drinking.
You were angry.
385
00:23:44,718 --> 00:23:46,891
Guys like Brian Teague
make me sick.
386
00:23:46,954 --> 00:23:50,060
Carrying picket signs in the back
of their daddy's S.U.V.,
387
00:23:50,124 --> 00:23:52,730
calling us murderers,
ragging on the military.
388
00:23:52,793 --> 00:23:55,740
Brian Teague called you
and Mr. Silva murderers?
389
00:23:56,797 --> 00:24:00,074
Not in so many words.
So that isn't what he said?
390
00:24:00,134 --> 00:24:02,080
I knew what he meant.
391
00:24:02,136 --> 00:24:05,310
What happened after
Brian Teague left the bar?
392
00:24:07,641 --> 00:24:10,713
Kenny had another drink,
thought it over...
393
00:24:10,778 --> 00:24:14,419
and decided he needed to have
another word with the kid.
394
00:24:14,481 --> 00:24:16,461
He went after him?
395
00:24:17,518 --> 00:24:19,520
By the time I found him, it was over.
396
00:24:21,088 --> 00:24:24,968
Kenny was just sitting there
on the curb crying his eyes out.
397
00:24:25,025 --> 00:24:26,936
Did he tell you what happened?
398
00:24:28,061 --> 00:24:30,667
All he kept saying was,
399
00:24:30,731 --> 00:24:33,905
�What have I done?
What have I done?"
400
00:24:40,040 --> 00:24:45,547
Oh. Thank you.
Your client's self-defense claim just went up in smoke, counselor.
401
00:24:45,612 --> 00:24:49,082
We've got him--
lock, stock and eyewitness.
402
00:24:50,084 --> 00:24:54,430
Teague walked into that bar
and tried to provoke my client-- eh, baited him.
403
00:24:54,488 --> 00:24:59,335
An ongoing grudge, an escalating pattern
of intent to harm Brian Teague...
404
00:24:59,393 --> 00:25:02,033
and the use
of a lethal choke hold.
405
00:25:02,095 --> 00:25:04,075
Adds up to murder two to me.
406
00:25:04,131 --> 00:25:06,304
New math-- he'll take man one.
407
00:25:06,366 --> 00:25:08,312
Not interested.
408
00:25:08,369 --> 00:25:11,407
Well, you're forcing my hand then, Jack.
409
00:25:11,471 --> 00:25:14,350
We'll be asserting
an E.E.D. defense at trial.
410
00:25:14,408 --> 00:25:16,354
Come on.
Extreme emotional disturbance?
411
00:25:16,410 --> 00:25:19,948
Teague got right up into Kenny Silva's
face and trashed everything that that man believes in,
412
00:25:20,013 --> 00:25:23,324
everything that his son
sacrificed his life for.
413
00:25:23,383 --> 00:25:27,490
If he had attacked him in the bar
in the heat of the argument, maybe.
414
00:25:27,554 --> 00:25:30,228
But your client had time
to think it over, have another drink.
415
00:25:30,290 --> 00:25:32,668
Instead of staying on his barstool
or going home,
416
00:25:32,726 --> 00:25:37,573
he chose to follow the victim outside
and reignite the altercation.
417
00:25:37,631 --> 00:25:41,545
He snapped.
Kenny Silva didn't snap. He made a choice.
418
00:25:44,571 --> 00:25:48,986
You can't imagine the father
reacting out of grief and anger, Jack?
419
00:25:49,042 --> 00:25:50,988
Why not drop it down
to manslaughter?
420
00:25:51,044 --> 00:25:55,083
There's no extreme emotional
defense here. Silva pursued Brian Teague, Arthur
421
00:25:55,148 --> 00:25:57,890
He made it murder two
when he walked out of that bar...
422
00:25:57,951 --> 00:26:00,693
a full 20 minutes
after Brian Teague left.
423
00:26:00,754 --> 00:26:03,234
Oh, still, a sleeper hold.
424
00:26:03,290 --> 00:26:06,601
Way I understand it,
it's meant to subdue someone, not necessarily to kill them.
425
00:26:06,660 --> 00:26:09,038
I mean, things backfired.
A good man went too far.
426
00:26:09,096 --> 00:26:13,340
Believe me, I'm not thrilled at having
to prosecute a decorated veteran.
427
00:26:13,400 --> 00:26:16,040
Well, Chiles will make murder two
a tough sell to a jury.
428
00:26:16,103 --> 00:26:18,049
What are you worried about, Arthur?
429
00:26:18,105 --> 00:26:22,076
Man one will be included
in the final charges, if the judge buys the E.E.D.
430
00:26:22,142 --> 00:26:24,144
So it's win-win?
431
00:26:25,512 --> 00:26:27,514
And you're set on murder two?
432
00:26:27,581 --> 00:26:30,255
We have to draw the line somewhere.
433
00:26:30,317 --> 00:26:33,526
We do-- every time
we indict someone.
434
00:26:37,958 --> 00:26:40,962
Brian didn't even know
who Matt Silva was.
435
00:26:41,028 --> 00:26:46,410
He just-- he just felt
that naming a street after a soldier, any soldier,
436
00:26:46,466 --> 00:26:49,208
was-was endorsing
a completely unjust war.
437
00:26:49,269 --> 00:26:51,215
You were at
the community board meeting.
438
00:26:51,271 --> 00:26:56,880
Did Brian Teague ever verbally assault
Mr. Silva or his son? No.
439
00:26:56,944 --> 00:27:00,551
Did he ever mention Mr. Silva
or his son by name?
440
00:27:00,614 --> 00:27:06,462
No!
Did he ever say anything derogatory about the men and women in our armed forces?
441
00:27:06,520 --> 00:27:08,830
No.
442
00:27:08,889 --> 00:27:10,891
Nothing further.
443
00:27:12,826 --> 00:27:16,774
Brian was against the war,
not soldiers.
444
00:27:16,830 --> 00:27:19,674
Exactly.
I mean, you hear that a lot.
445
00:27:19,733 --> 00:27:22,179
That's what people say.
That's the truth.
446
00:27:22,236 --> 00:27:26,616
Is it? Or is it just what we've
learned to say after Vietnam?
447
00:27:27,674 --> 00:27:29,585
I was born after Vietnam.
448
00:27:29,643 --> 00:27:33,113
Uh-huh. Do you know
anyone in the military?
449
00:27:33,180 --> 00:27:35,126
No.
Did Brian?
450
00:27:35,182 --> 00:27:38,994
- Not that I know of.
- The all-volunteer army.
451
00:27:39,052 --> 00:27:43,125
People like you and Brian
don't have to serve in the military these days, do you?
452
00:27:43,190 --> 00:27:47,036
- Objection. Relevance?
- I'll allow it. But let's not dwell on this, counselor.
453
00:27:47,094 --> 00:27:49,700
You don't have to serve.
454
00:27:49,763 --> 00:27:52,437
We wouldn't, even if we did.
We're pacifists.
455
00:27:52,499 --> 00:27:55,639
Ah. Easy to be
when you have other options.
456
00:27:55,702 --> 00:27:58,979
Your Honor?
Withdrawn. Six months ago, Brian Teague,
457
00:27:59,039 --> 00:28:02,987
this committed pacifist,
was charged with assault.
458
00:28:03,043 --> 00:28:07,389
The W.T.O. rally?
No, the security guard attacked him first. Brian was just defending himself.
459
00:28:07,447 --> 00:28:09,518
Four months ago, resisting arrest.
460
00:28:09,583 --> 00:28:13,156
- For swearing at a police officer.
- And would it be flair to say, Miss Khemlani,
461
00:28:13,220 --> 00:28:15,791
that Brian Teague
was not only a pacifist,
462
00:28:15,856 --> 00:28:20,066
but he was a militant,
dedicated activist?
463
00:28:20,127 --> 00:28:22,698
Brian was just trying
to have an effect.
464
00:28:22,763 --> 00:28:27,007
And he was good at
pushing people's buttons, getting them all riled up.
465
00:28:27,067 --> 00:28:31,038
Sometimes you just
have to make a lot of noise to get people to listen.
466
00:28:31,104 --> 00:28:36,213
Did Brian Teague seriously think
that Kenneth Silva would listen to him...
467
00:28:36,276 --> 00:28:38,620
after he desecrated
the legacy of his son?
468
00:28:42,115 --> 00:28:46,291
Someone said
"What's the matter, kid, car trouble?�
469
00:28:46,353 --> 00:28:50,096
They were all kinda laughin' at him,
snickerin', you know?
470
00:28:50,157 --> 00:28:52,296
Well, that's when he got really mad.
471
00:28:52,359 --> 00:28:56,239
Called Kenny a coward and gave him
the finger as he stomped out.
472
00:28:56,296 --> 00:28:59,368
How did Kenny Silva react?
Did he follow him out of the bar?
473
00:28:59,433 --> 00:29:03,074
He, uh, cursed him,
had another drink.
474
00:29:03,136 --> 00:29:07,050
I see. When did Kenny Silva
leave the bar that night?
475
00:29:07,107 --> 00:29:10,088
About 15, 20 minutes later.
476
00:29:10,143 --> 00:29:12,145
Did he say why he was leaving?
477
00:29:14,281 --> 00:29:19,253
He said he was gonna go
straighten him out.
478
00:29:19,319 --> 00:29:21,925
Brian Teague?
Yeah.
479
00:29:32,432 --> 00:29:34,434
You know Kenny Silva.
480
00:29:35,669 --> 00:29:40,448
- [Sighs]
- How upset was he after his encounter with Brian Teague?
481
00:29:40,507 --> 00:29:44,512
Oh, I thought he was gonna
have a heart attack. It was awful.
482
00:29:44,578 --> 00:29:47,616
Did anyone try to calm him down?
Well, sure. We all did.
483
00:29:47,681 --> 00:29:50,787
But he just kept getting
more and more agitated
484
00:29:50,851 --> 00:29:55,493
When he left, how did he seem?
Calm? Under control?
485
00:29:55,555 --> 00:29:58,126
[Sighs] Hardly.
486
00:29:58,191 --> 00:30:03,106
He was shaking all over
he was so upset. I mean, the guy was a wreck.
487
00:30:03,163 --> 00:30:05,165
[Chiles]
Thank you.
488
00:30:07,300 --> 00:30:11,009
Matt was 10 when Kenny
got sent to the Gulf.
489
00:30:11,071 --> 00:30:15,884
He kept a toy soldier by his bed.
He watched the news every night.
490
00:30:15,942 --> 00:30:21,051
He was so proud of his dad.
He wanted to be just like him.
491
00:30:21,114 --> 00:30:24,960
Did your husband change
after the death of your son?
492
00:30:25,018 --> 00:30:28,431
He got very depressed, withdrawn.
493
00:30:28,488 --> 00:30:31,492
He wasn't the man I married
494
00:30:31,558 --> 00:30:33,765
[Chiles] Is that why you divorced him?
495
00:30:36,897 --> 00:30:41,346
We fought all the time... over Matt.
496
00:30:42,335 --> 00:30:44,337
[Chiles] Take your time.
497
00:30:45,872 --> 00:30:47,874
Thank you.
498
00:30:48,942 --> 00:30:52,321
I didn't want my son to enlist.
499
00:30:52,379 --> 00:30:55,792
He got good grades.
He played sports.
500
00:30:55,849 --> 00:31:00,559
He could've been the first one
in our family to go to college.
501
00:31:02,189 --> 00:31:06,831
- What did his father want?
- Kenny wanted him to go.
502
00:31:06,893 --> 00:31:10,340
He said the army would pay for college.
503
00:31:10,397 --> 00:31:13,742
I told him he could get a scholarship.
504
00:31:13,800 --> 00:31:16,406
What did Matt want?
505
00:31:17,471 --> 00:31:22,580
[Sighs] To be a soldier, like his dad.
506
00:31:24,377 --> 00:31:28,689
[Chiles] Did you blame your husband
for Matt's death?
507
00:31:31,318 --> 00:31:34,595
But not as much as he blamed himself.
508
00:31:35,889 --> 00:31:37,994
Thank you, Mrs. Silva.
509
00:31:47,167 --> 00:31:49,704
Losing a child.
510
00:31:49,769 --> 00:31:51,715
Nothing harder.
511
00:31:51,771 --> 00:31:54,308
[Mrs. Silva] No.
512
00:31:54,374 --> 00:31:56,945
Your ex-husband was depressed
Yes.
513
00:31:57,010 --> 00:31:59,456
Very.
Understandable.
514
00:31:59,513 --> 00:32:02,585
Did he start drinking more heavily?
No.
515
00:32:02,649 --> 00:32:04,754
Using drugs?
No.
516
00:32:06,286 --> 00:32:08,960
Did he ever strike you?
517
00:32:09,022 --> 00:32:12,936
Use violence against you?
Lose his temper?
518
00:32:12,993 --> 00:32:15,803
Kenny? No.
519
00:32:15,862 --> 00:32:18,536
Did he lose his job?
Oh, no.
520
00:32:18,598 --> 00:32:21,408
Kenny went to work every day.
521
00:32:21,468 --> 00:32:24,711
He worked even harder.
522
00:32:24,771 --> 00:32:27,684
Holidays, overtime.
523
00:32:28,975 --> 00:32:31,114
He threw himself into his work?
524
00:32:32,178 --> 00:32:34,784
Yes.
He coped
525
00:32:35,849 --> 00:32:37,886
Of course.
526
00:32:37,951 --> 00:32:40,591
Sounds like a strong man.
527
00:32:40,654 --> 00:32:42,895
Yes.
528
00:32:42,956 --> 00:32:44,902
A hero.
529
00:32:44,958 --> 00:32:47,564
He is.
530
00:32:51,131 --> 00:32:53,543
I came with nothing
to this country.
531
00:32:53,600 --> 00:32:57,776
No money. No education.
I didn't know anybody.
532
00:32:58,772 --> 00:33:00,774
I didn't even know
how to speak English.
533
00:33:02,575 --> 00:33:05,146
The army gave me everything,
534
00:33:05,212 --> 00:33:07,283
an education, a career.
535
00:33:08,949 --> 00:33:13,921
I love this country,
and I raised my son to love it too.
536
00:33:16,289 --> 00:33:18,291
And when he died...
537
00:33:20,827 --> 00:33:24,206
We've heard testimony
from your therapist that you were depressed.
538
00:33:24,264 --> 00:33:28,974
He put me on some pills.
Uh, serotonin something.
539
00:33:29,035 --> 00:33:33,108
Did they help?
I stopped taking them. I didn't like the way they made me feel.
540
00:33:33,173 --> 00:33:35,551
I just didn't feel like myself.
541
00:33:35,609 --> 00:33:38,488
Why did you leave the bar
that night?
542
00:33:41,615 --> 00:33:44,357
I wish to God I hadn't.
But you did
543
00:33:44,417 --> 00:33:48,331
Did you intend to hurt Brian Teague?
544
00:33:51,191 --> 00:33:55,298
I... I just wanted to tell him something,
but he wouldn't listen.
545
00:33:55,362 --> 00:33:57,308
He just kept saying.
546
00:33:57,364 --> 00:34:02,245
�You're thugs. You're animals.
You and your son."
547
00:34:09,776 --> 00:34:13,986
That night was not the first time
you and Brian Teague had words.
548
00:34:14,981 --> 00:34:16,927
No.
549
00:34:16,983 --> 00:34:21,489
The difference being
that this time, outside the bar,
550
00:34:21,554 --> 00:34:23,727
you had him all to yourself.
551
00:34:25,825 --> 00:34:29,272
I did not plan it like that.
It just happened.
552
00:34:29,329 --> 00:34:33,744
It just happened that you waited
20 minutes to go after him?
553
00:34:33,800 --> 00:34:35,746
It just happened...
554
00:34:35,802 --> 00:34:39,340
that you waited
for the tow truck to leave?
555
00:34:39,405 --> 00:34:42,579
It just happened that you
grabbed him around the throat?
556
00:34:42,642 --> 00:34:48,024
I was talking to him,
and he turned his back on me and started to walk away.
557
00:34:48,081 --> 00:34:52,029
You got him in a lethal choke hold.
He passed out and died within seconds.
558
00:34:52,085 --> 00:34:54,031
I didn't mean to.
559
00:34:54,087 --> 00:34:56,294
It just happened so fast. I...
560
00:34:59,960 --> 00:35:03,931
I just wanted him to say he was sorry
for what he said about my son.
561
00:35:09,469 --> 00:35:11,471
Nothing further.
562
00:35:15,375 --> 00:35:17,377
No redirect.
The defense rests, Your Honor.
563
00:35:17,444 --> 00:35:19,390
The witness is excused.
564
00:35:19,446 --> 00:35:21,790
[McCoy] May we approach, Your Honor?
Step up.
565
00:35:26,386 --> 00:35:31,859
For the record, Your Honor,
there is insufficient evidence of extreme emotional disturbance.
566
00:35:31,925 --> 00:35:34,098
You can't let the lesser charge
go to the jury.
567
00:35:34,160 --> 00:35:37,505
Contrary to my colleague's
narrow reading of the law, we think we've made our case.
568
00:35:37,564 --> 00:35:42,411
We request that you
instruct the jury to consider the affirmative defense of E.E.D...
569
00:35:42,469 --> 00:35:46,781
and give them the option
of finding my client guilty of the lesser manslaughter charge.
570
00:35:46,840 --> 00:35:48,786
I'm inclined to agree with you,
counselor.
571
00:35:48,842 --> 00:35:52,289
I think there's been enough testimony
for the jury to consider E.E.D.
572
00:35:52,345 --> 00:35:54,450
Your Honor...
We'll adjourn for the day.
573
00:35:54,514 --> 00:35:57,461
Summations first thing tomorrow.
Court is adjourned.
574
00:35:57,517 --> 00:35:59,690
[Gavel Raps]
[Chiles] Thank you, Your Honor.
575
00:36:05,325 --> 00:36:09,432
If Matt Silva had lived,
he'd be 23 years old,
576
00:36:11,030 --> 00:36:14,307
the same age as Brian Teague.
577
00:36:15,468 --> 00:36:20,144
But Brian Teague was nothing
like Matt Silva.
578
00:36:20,206 --> 00:36:26,020
Brian Teague knew nothing
of service and sacrifice.
579
00:36:26,079 --> 00:36:29,583
Brian Teague let others
bear that burden for him,
580
00:36:29,649 --> 00:36:35,190
and then he would insult
and belittle them for it.
581
00:36:36,289 --> 00:36:38,235
That night.
582
00:36:38,291 --> 00:36:40,293
Kenny Silva was virtually
beside himself...
583
00:36:40,360 --> 00:36:45,002
with grief and loss and anger.
584
00:36:45,065 --> 00:36:49,104
And he lashed out at his tormentor.
585
00:36:50,103 --> 00:36:55,143
This was not some heinous,
premeditated murder.
586
00:36:55,208 --> 00:37:00,157
This was a momentary lapse
by a grieving father,
587
00:37:00,213 --> 00:37:02,250
a decorated war hero,
588
00:37:02,315 --> 00:37:05,489
a grateful citizen
of his adopted country...
589
00:37:05,552 --> 00:37:08,624
who is counting on you,
his fellow citizens,
590
00:37:08,688 --> 00:37:11,669
to show him that our system
is not only just,
591
00:37:13,660 --> 00:37:15,697
but merciful.
592
00:37:24,070 --> 00:37:26,778
Mr. Silva's lawyer...
593
00:37:26,840 --> 00:37:32,722
wants you to believe that his client
lost control that night.
594
00:37:32,779 --> 00:37:35,555
The evidence does not bear him out.
595
00:37:36,616 --> 00:37:42,123
Mr. Silva's actions were
too deliberate, too controlled.
596
00:37:42,188 --> 00:37:47,763
The very qualities that made him
a good soldier put to murderous use.
597
00:37:47,827 --> 00:37:50,171
In fact,
598
00:37:50,230 --> 00:37:53,734
Kenneth Silva used his military training...
599
00:37:53,800 --> 00:37:57,976
to strangle to death a young man
he thought had insulted him.
600
00:37:58,037 --> 00:38:00,108
The truth of the matter is...
601
00:38:00,173 --> 00:38:04,383
that Kenneth Silva bore a grudge
against Brian Teague.
602
00:38:04,444 --> 00:38:07,220
And it was that grudge,
603
00:38:07,280 --> 00:38:13,162
not his despair,
not his grief, not his anger,
604
00:38:13,219 --> 00:38:17,497
that made him put down his beer
and make the hard,
605
00:38:17,557 --> 00:38:23,337
cold, brutal decision
to walk out of that bar...
606
00:38:23,396 --> 00:38:26,809
and confront Brian Teague...
607
00:38:26,866 --> 00:38:29,176
out of the light,
608
00:38:29,235 --> 00:38:31,272
away from witnesses,
609
00:38:34,073 --> 00:38:38,112
where Brian Teague was alone...
610
00:38:41,214 --> 00:38:43,319
and defenseless.
611
00:39:08,074 --> 00:39:10,281
[Judge] Ladies and gentlemen,
have you reached a verdict?
612
00:39:10,343 --> 00:39:12,619
We have.
613
00:39:16,049 --> 00:39:20,054
On the first count of the indictment,
murder in the second degree, how do you find?
614
00:39:20,119 --> 00:39:23,726
We find the defendant,
Kenneth Silva, not guilty.
615
00:39:25,758 --> 00:39:30,673
On the second count of the indictment,
manslaughter in the first degree, how do you find?
616
00:39:30,730 --> 00:39:34,837
We cannot reach a verdict,
Your Honor. We've tried.
617
00:39:34,901 --> 00:39:37,279
Chambers, Your Honor, please.
618
00:39:45,745 --> 00:39:47,782
The defendant's admitted
the underlying acts.
619
00:39:47,847 --> 00:39:50,521
The jury should be instructed
to deliberate further, Your Honor.
620
00:39:50,583 --> 00:39:53,757
The jury cannot reach a verdict,
Your Honor. It's time to declare a mistrial
621
00:39:53,820 --> 00:39:55,822
I'm not prepared
to do that yet, counselor.
622
00:39:55,888 --> 00:39:58,698
I'll enter the acquittal on the murder
and give them an Allen charge.
623
00:39:58,758 --> 00:40:01,671
That's inappropriate, Your Honor.
Don't get greedy, Mr. Chiles.
624
00:40:01,728 --> 00:40:03,935
You already have your acquittal
on murder two.
625
00:40:05,999 --> 00:40:10,175
Members of the jury,
I'm going to ask that you continue your deliberations.
626
00:40:10,236 --> 00:40:13,547
It is your duty to agree
upon a verdict if you can.
627
00:40:13,606 --> 00:40:18,919
Of course,
no juror should reel compelled to abandon any conscientiously held beliefs.
628
00:40:18,978 --> 00:40:20,958
On the other hand,
629
00:40:21,014 --> 00:40:25,520
if a substantial majority of your number
are in favor of a conviction,
630
00:40:25,585 --> 00:40:30,466
those of you who disagree
should reconsider whether your doubt is, in fact,
631
00:40:30,523 --> 00:40:33,436
a reasonable one.
[Gavel Raps]
632
00:40:37,196 --> 00:40:39,142
I thought the Allen charge
would break the stalemate.
633
00:40:39,198 --> 00:40:42,077
It must be some hard-core deadlock.
634
00:40:42,135 --> 00:40:45,173
They're polarized just like
everyone else in the country.
635
00:40:45,238 --> 00:40:49,243
Chiles has them debating the war
instead of the murder of Brian Teague.
636
00:40:49,308 --> 00:40:53,154
Six hours. Another two
and it'll be tune in tomorrow.
637
00:40:53,212 --> 00:40:57,160
I wish I knew what they were stuck on.
Maybe I'll go nose around.
638
00:40:58,818 --> 00:41:00,923
Haven't heard a word. Sorry.
639
00:41:03,423 --> 00:41:05,801
Trying to find out which way
the wind is blowing? Not at all.
640
00:41:05,858 --> 00:41:09,101
Me too. Worried?
Not particularly.
641
00:41:09,162 --> 00:41:11,699
I'm thinking hung jury.
We'll retry the case.
642
00:41:11,764 --> 00:41:15,769
Maybe even acquittal.
Jury nullification? You're dreaming.
643
00:41:17,337 --> 00:41:19,339
The hardheads,
they'll come around.
644
00:41:20,673 --> 00:41:23,449
Indeed they will. My way.
Mine.
645
00:41:33,353 --> 00:41:36,061
Have you reached a verdict?
[Foreman] No, Your Honor.
646
00:41:36,122 --> 00:41:40,798
- Are you sure that no further
deliberation would break the logjam? - We're deadlocked, Your Honor.
647
00:41:42,028 --> 00:41:45,032
I have no choice
but to declare a mistrial
648
00:41:45,098 --> 00:41:48,477
The jury is dismissed
[Gavel Raps]
649
00:41:58,544 --> 00:42:02,082
No surprise the jury hung.
We'll try him again.
650
00:42:02,148 --> 00:42:06,654
Your problem was
too many blue-collar jurors. They identified with Kenneth Silva.
651
00:42:06,719 --> 00:42:08,665
How do you know
who the holdouts were?
652
00:42:08,721 --> 00:42:12,464
The people who escape jury duty?
Same people who escape active duty.
653
00:42:54,000 --> 00:42:56,947
[Howling]
654
00:42:56,997 --> 00:43:01,547
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