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NARRATOR:
In the criminal justice system
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00:00:08,108 --> 00:00:11,976
the people are represented by two
separate yet equally important groups,
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00:00:12,045 --> 00:00:13,877
the police
who investigate crime
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00:00:13,947 --> 00:00:16,746
and the district attorneys
who prosecute the offenders.
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00:00:16,817 --> 00:00:18,376
These are their stories.
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00:00:19,686 --> 00:00:21,552
Do you really
think she's okay?
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00:00:21,622 --> 00:00:22,748
She's so lethargic!
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00:00:22,823 --> 00:00:25,053
Well, that's because
Princess is a very fat cat.
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00:00:25,125 --> 00:00:27,025
Changing her diet
would do her good.
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00:00:27,094 --> 00:00:29,062
Well, I'm getting
a second opinion!
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00:00:30,063 --> 00:00:31,360
(sun FIRING)
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00:00:31,431 --> 00:00:32,421
(SCREAMING)
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00:00:32,799 --> 00:00:35,496
Dena! Get Laurie out here with
an ambu-bag for a large dog!
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00:00:37,237 --> 00:00:38,568
Call 911!
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00:00:46,613 --> 00:00:48,445
We're losing him.
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00:00:49,950 --> 00:00:51,577
We're losing him!
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00:00:52,753 --> 00:00:55,051
I know some of the local homeless,
but I've never seen him before.
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00:00:55,155 --> 00:00:56,316
He say anything
before he died?
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00:00:56,390 --> 00:00:59,087
No. We had the ambu-bag over his
mouth, trying to help him breathe.
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00:00:59,159 --> 00:01:01,321
He's the first real person
I work on and he dies!
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At least you tried.
Most people...
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00:01:04,364 --> 00:01:06,731
How far could he have walked
with those head wounds?
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00:01:06,800 --> 00:01:09,633
It's hard to say. He
sustained internal trauma,
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00:01:09,736 --> 00:01:10,897
but without an autopsy...
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00:01:11,004 --> 00:01:13,939
He's got fractured ribs on the
left, ruptured spleen and liver,
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00:01:14,107 --> 00:01:17,475
internal hemorrhaging, and a
shattered acromioclavicularjoint.
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00:01:17,544 --> 00:01:18,841
Broken shoulder.
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00:01:19,279 --> 00:01:21,179
Didn't you say you never
worked on people before?
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00:01:21,248 --> 00:01:23,512
Oh, I got X-ray hands.
Comes from treating patients
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00:01:23,584 --> 00:01:24,983
who can't tell you
what's wrong with them.
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00:01:26,653 --> 00:01:28,052
Could be a hit-and-run.
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00:01:28,121 --> 00:01:29,816
Uh-uh, not with
these wounds.
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00:01:29,923 --> 00:01:33,860
They look defensive. My guess,
he got beaten to death.
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00:01:34,928 --> 00:01:36,123
Thanks.
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00:01:36,997 --> 00:01:39,694
No ID. He couldn't have
walked far in that condition.
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00:01:39,833 --> 00:01:41,323
His squat's probably
nearby.
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00:01:41,435 --> 00:01:44,063
He gets his beat-down, he's looking
for help and he sees this.
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00:01:44,137 --> 00:01:46,162
(CELL PHONE RINGING)
Any port in a storm.
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00:01:46,406 --> 00:01:47,601
Hello?
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00:01:47,741 --> 00:01:48,867
Where?
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00:01:50,177 --> 00:01:51,372
Got it.
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00:01:51,445 --> 00:01:52,640
Hope you weren't
planning on breakfast.
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00:01:52,713 --> 00:01:54,738
Lower East Side, another
homeless guy beaten to death.
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00:02:44,564 --> 00:02:46,123
Call came in at 5:10.
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00:02:46,199 --> 00:02:48,429
Someone heard shouting,
a man calling for help.
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00:02:48,502 --> 00:02:49,560
Caller see anything?
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00:02:49,636 --> 00:02:50,899
She was up
on the third floor,
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00:02:50,971 --> 00:02:51,961
it was still
too dark to see.
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00:02:52,072 --> 00:02:54,632
We'll canvass the buildings
on the off chance.
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00:02:54,875 --> 00:02:58,834
It's 5:10. The other guy fell
into the clinic around 4:30.
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00:02:59,046 --> 00:03:00,673
Say he was beaten
10 minutes before that.
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00:03:00,747 --> 00:03:02,681
That leaves about 50
minutes between attacks.
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00:03:02,949 --> 00:03:05,611
It's time enough to walk from 26th
and 9th all the way over here.
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00:03:05,686 --> 00:03:06,915
Could be the same guys.
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00:03:07,020 --> 00:03:09,011
And I got something here.
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00:03:10,757 --> 00:03:12,225
Hmm. Cute kid.
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00:03:13,493 --> 00:03:15,587
And, uh, a New Jersey
driver's license.
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00:03:15,662 --> 00:03:18,632
William McCarter,
address in Fort Lee.
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00:03:18,965 --> 00:03:20,797
Let's make sure that
gets back to his family.
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00:03:20,867 --> 00:03:22,062
Yeah.
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00:03:23,070 --> 00:03:25,698
Blunt-force injuries,
crushing wounds
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00:03:26,239 --> 00:03:30,073
these guys were stomped, punched
and batted head to toe.
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00:03:30,377 --> 00:03:31,970
Any way to
connect the attacks?
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00:03:32,045 --> 00:03:35,242
Ah, both men have a similar
bruise here on the right temple.
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00:03:35,482 --> 00:03:36,950
Shaped like a boot heel.
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00:03:37,050 --> 00:03:40,611
I'm guessing this is what started the
brain hemorrhage that killed him.
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00:03:43,123 --> 00:03:44,613
Looks like shrapnel wounds.
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00:03:44,691 --> 00:03:45,783
Yeah.
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00:03:46,093 --> 00:03:48,061
There's more on his leg.
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00:03:48,228 --> 00:03:49,218
Is he a veteran?
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00:03:49,362 --> 00:03:52,297
Infantry, First of the Third,
stationed in Tikrit.
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00:03:52,733 --> 00:03:55,464
So says the tattoo on
his left shoulder blade.
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00:03:55,635 --> 00:03:57,364
I put him in his mid-20s.
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00:03:57,571 --> 00:03:59,630
CSU got nothing
from the baseball field
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00:03:59,706 --> 00:04:02,266
and the canvass didn't turn
up any witnesses. No kidding.
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00:04:02,342 --> 00:04:04,936
All the more reason to figure out where
this John Doe got his beat-down.
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00:04:05,011 --> 00:04:06,979
Private John Doe.
Iraq veteran.
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00:04:08,014 --> 00:04:10,108
From Tikrit to our street.
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00:04:10,517 --> 00:04:12,281
Some homecoming.
Hmm.
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00:04:18,492 --> 00:04:20,654
It's a cocktail napkin.
The L,
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00:04:20,761 --> 00:04:23,128
it's from the Lexmore,
it's a hotel in Chelsea.
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00:04:23,530 --> 00:04:25,624
The Lexmore,
nice piano bar.
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00:04:28,301 --> 00:04:31,032
He said his name was David.
Never got a last name.
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00:04:31,104 --> 00:04:32,299
He said he was
in the service.
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00:04:32,372 --> 00:04:33,567
How'd you know him?
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00:04:33,640 --> 00:04:35,574
I found him digging through
the dumpster out back.
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00:04:35,642 --> 00:04:37,667
So, I set him up
with a meal.
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00:04:37,744 --> 00:04:39,337
I did it a few times.
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00:04:39,679 --> 00:04:42,171
A vet eating garbage,
it ain't right.
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00:04:42,315 --> 00:04:43,976
You know where he
laid up for the night?
91
00:04:44,251 --> 00:04:46,982
No idea. David
wasn't a big talker.
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00:04:47,187 --> 00:04:49,383
Last night, he
come around for his meal?
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00:04:49,456 --> 00:04:51,550
Nah, he came,
every other week.
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00:04:51,892 --> 00:04:54,657
David knew not to push,
and to show his gratitude.
95
00:04:54,795 --> 00:04:55,990
How did he do that?
96
00:04:56,062 --> 00:04:58,224
Well, I don't want
any trouble.
97
00:04:58,598 --> 00:05:00,362
If they were stolen, I don't
know anything about it.
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00:05:00,500 --> 00:05:01,934
If what was stolen?
99
00:05:02,836 --> 00:05:04,099
Floor mats.
100
00:05:04,404 --> 00:05:06,896
He said he found 'em, he
wanted to give 'em to me.
101
00:05:07,607 --> 00:05:11,441
They were practically brand-new
except for a couple of little stains.
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00:05:12,112 --> 00:05:13,341
I gave him 10 bucks for 'em.
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00:05:13,880 --> 00:05:15,143
These are
for a Bentley.
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00:05:15,515 --> 00:05:16,949
Figured I could
sell 'em on eBay.
105
00:05:17,317 --> 00:05:18,716
Not anymore.
106
00:05:18,785 --> 00:05:20,150
Store tag's still on 'em.
107
00:05:23,857 --> 00:05:27,316
Yup, they're ours. They were, ah,
damaged from a leak in the stockroom.
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00:05:27,394 --> 00:05:28,657
We had to throw 'em out.
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00:05:28,728 --> 00:05:30,025
Where'd you find 'em?
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00:05:30,096 --> 00:05:32,030
This man sold 'em
to someone else.
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00:05:32,098 --> 00:05:33,259
Oh, him.
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00:05:33,333 --> 00:05:35,631
Kreidel. What a
pain in the ass.
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00:05:35,869 --> 00:05:37,234
What, he get hit
by a bus?
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00:05:37,304 --> 00:05:39,773
Beaten to death. You called him
Kreidel, you know his name.
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00:05:40,006 --> 00:05:43,533
Of course. David Kreidel. We were suing
him for scaring away our customers.
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00:05:43,643 --> 00:05:45,509
Lawyers filed
the papers last week.
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00:05:46,479 --> 00:05:48,311
You're suing
a homeless person?
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00:05:48,748 --> 00:05:51,149
Customers bring
their cars in for service,
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00:05:51,351 --> 00:05:53,820
they'd see him hanging out
back there, doing his thing.
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00:05:53,954 --> 00:05:55,979
Going to the bathroom,
talking to himself,
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00:05:56,056 --> 00:05:58,115
we offered him money
to move, but...
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00:05:58,725 --> 00:06:00,352
Back there in the alley,
that's where he was living?
123
00:06:00,460 --> 00:06:01,552
Yeah.
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00:06:02,762 --> 00:06:04,821
So what were you suing him
for, the lint in his pockets?
125
00:06:04,898 --> 00:06:07,390
The money he was getting from the
government some kind of benefits.
126
00:06:07,601 --> 00:06:09,399
Like maybe
his GI benefits?
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00:06:09,536 --> 00:06:11,630
We were just hoping
that he'd shove off.
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00:06:11,705 --> 00:06:12,866
Right.
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00:06:12,973 --> 00:06:15,465
That's a nice pin on
your lapel, by the way.
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00:06:16,009 --> 00:06:17,067
(SCOFFS)
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00:06:17,377 --> 00:06:18,674
Looks like his squat.
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00:06:18,745 --> 00:06:20,679
I got blood on the box,
blood here,
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00:06:20,747 --> 00:06:22,613
and blood here where
somebody grabbed on.
134
00:06:22,983 --> 00:06:25,145
Looks like we got
our crime scene.
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00:06:27,921 --> 00:06:29,912
We got an eyewitness, too.
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00:06:30,624 --> 00:06:33,025
Mr. Hammond!
This camera work?
137
00:06:34,027 --> 00:06:35,119
BECKWAY:
Don't expect miracles.
138
00:06:35,195 --> 00:06:36,594
The camera's about
five years old.
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00:06:36,663 --> 00:06:38,529
We'll keep it in mind.
140
00:06:39,432 --> 00:06:41,059
BECKWAY: Here we go.
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00:06:56,716 --> 00:06:58,946
I couldn't make out
their faces.
142
00:07:02,222 --> 00:07:04,054
There it was.
The deathblow.
143
00:07:04,357 --> 00:07:07,486
Go back to the beginning.
I want to see something.
144
00:07:12,332 --> 00:07:13,390
Freeze it.
145
00:07:14,000 --> 00:07:15,764
Right there.
What's that?
146
00:07:16,102 --> 00:07:17,763
ED: That's a baseball cap.
147
00:07:17,904 --> 00:07:19,565
Go forward slowly.
148
00:07:22,208 --> 00:07:25,473
Someone was standing under
the camera, just watching.
149
00:07:27,981 --> 00:07:30,712
You see that? Something
flew out of his pocket.
150
00:07:36,489 --> 00:07:38,389
He was right
about here.
151
00:07:38,725 --> 00:07:41,660
Turned this way, the
thing flew out that way.
152
00:07:43,663 --> 00:07:45,722
There's all kinds of
nastiness under there.
153
00:07:45,799 --> 00:07:47,563
Don't! You wanna get
rabies or something?
154
00:07:47,667 --> 00:07:49,192
Here, use this.
155
00:07:53,106 --> 00:07:55,803
It was square shaped
like a piece of cardboard.
156
00:07:56,776 --> 00:07:57,834
CASSADY:
Something like that?
157
00:08:04,317 --> 00:08:06,081
It's a map of the city.
158
00:08:06,786 --> 00:08:07,776
All the sights
are highlighted,
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00:08:07,854 --> 00:08:09,515
maybe our perps
are from out of town.
160
00:08:09,589 --> 00:08:11,079
If it's their map.
161
00:08:11,624 --> 00:08:13,922
Well, same shape.
Same general look.
162
00:08:14,394 --> 00:08:17,625
So if this is their map, and
they're from out of town,
163
00:08:17,731 --> 00:08:19,324
maybe they're
staying at a hotel.
164
00:08:19,399 --> 00:08:20,867
Maybe that's where
they were heading
165
00:08:20,934 --> 00:08:22,800
when they attacked
the second guy.
166
00:08:23,169 --> 00:08:25,228
A hotel in the
Lower East Side?
167
00:08:28,074 --> 00:08:30,372
There were a bunch
of them. Four or five.
168
00:08:30,443 --> 00:08:31,740
Young people.
169
00:08:31,811 --> 00:08:33,836
They were all staying
in the same room.
170
00:08:33,913 --> 00:08:35,677
Yeah. They were here
about a week.
171
00:08:35,749 --> 00:08:36,875
Party-hardy types.
172
00:08:36,950 --> 00:08:38,475
When did they
check out?
173
00:08:38,551 --> 00:08:39,882
This morning
about 8:00.
174
00:08:39,953 --> 00:08:41,148
Here we go.
175
00:08:41,221 --> 00:08:42,279
Hold your nose!
176
00:08:45,225 --> 00:08:48,286
Watch it, you got, uh,
vomit there on the floor.
177
00:08:52,399 --> 00:08:56,097
Looks like bloodstains on the
sheets, and, uh, other fluids.
178
00:08:56,936 --> 00:08:59,337
Ugh. They must be
into water conservation,
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00:08:59,406 --> 00:09:01,500
they didn't bother flushing.
180
00:09:04,177 --> 00:09:07,374
Violent, impulsive, looks like
we're on the right track.
181
00:09:14,387 --> 00:09:15,821
You people are
wrecking the place!
182
00:09:15,889 --> 00:09:17,015
Like anybody's
gonna notice.
183
00:09:17,090 --> 00:09:18,251
Now, about your guests...
184
00:09:18,324 --> 00:09:20,053
I told you, I can't really
describe any of'em!
185
00:09:20,126 --> 00:09:22,094
People come, people go,
that's the hotel business!
186
00:09:22,162 --> 00:09:23,823
But you got ID from them
when they checked in, right?
187
00:09:23,897 --> 00:09:25,763
I got cash in advance!
188
00:09:26,099 --> 00:09:28,500
There were two or three
guys with a girl.
189
00:09:28,601 --> 00:09:30,433
But they all looked
above the legal age!
190
00:09:30,537 --> 00:09:32,005
CASSADY: Hey, Ed!
191
00:09:32,338 --> 00:09:33,669
Check this out.
192
00:09:34,274 --> 00:09:35,799
Found it behind
the dresser.
193
00:09:35,875 --> 00:09:38,367
Blank checks belonging
to Rachel Hutton.
194
00:09:38,511 --> 00:09:39,979
West 87th Street.
195
00:09:40,080 --> 00:09:42,913
On top of everything else,
they're thieves!
196
00:09:47,487 --> 00:09:48,716
The whole box
is gone.
197
00:09:48,788 --> 00:09:50,187
I don't believe this!
198
00:09:50,256 --> 00:09:51,883
Anything else missing,
Ms. Hutton?
199
00:09:51,958 --> 00:09:54,393
Oh, my God!
My digital camera.
200
00:09:54,494 --> 00:09:57,589
I had pictures from my parents'
anniversary, this is crazy!
201
00:09:57,730 --> 00:10:00,028
Um, who comes
into this room?
202
00:10:00,100 --> 00:10:02,467
The housekeeper,
our nanny.
203
00:10:02,836 --> 00:10:04,304
They've been
with us for years!
204
00:10:04,370 --> 00:10:06,395
Any strangers in the
house in the last week?
205
00:10:07,507 --> 00:10:10,807
Oh, well, Monday there was a
young man and a young woman,
206
00:10:10,877 --> 00:10:12,641
very nice, very polite.
207
00:10:12,846 --> 00:10:13,938
They came to the door.
208
00:10:14,013 --> 00:10:15,003
They were selling
something?
209
00:10:15,081 --> 00:10:18,449
Magazine subscriptions to earn
money for a semester abroad.
210
00:10:19,385 --> 00:10:21,046
Oh, I'm an idiot!
211
00:10:21,521 --> 00:10:23,990
I let the girl use the
powder room right here.
212
00:10:24,124 --> 00:10:25,558
You're a nice lady.
213
00:10:25,658 --> 00:10:26,989
You bought magazines
from them?
214
00:10:27,227 --> 00:10:29,195
Yeah. About $100 worth.
215
00:10:30,864 --> 00:10:33,492
I made a check out
to, um,
216
00:10:34,667 --> 00:10:36,260
Excursion Sales.
217
00:10:36,769 --> 00:10:38,567
I even got a receipt!
218
00:10:39,072 --> 00:10:41,302
ED: That's right,
New York City Police.
219
00:10:41,574 --> 00:10:42,803
Outside?
220
00:10:44,277 --> 00:10:45,403
It's a beautiful
spring day.
221
00:10:45,478 --> 00:10:46,946
How's it down
in Orlando?
222
00:10:47,147 --> 00:10:48,706
Terrific.
223
00:10:48,848 --> 00:10:50,942
Nearest we can figure out,
Excursion Sales
224
00:10:51,017 --> 00:10:53,008
is just a clearing house
for subscriptions.
225
00:10:53,520 --> 00:10:55,545
They subcontract with
vendors to do the selling,
226
00:10:55,622 --> 00:10:58,353
then those guys subcontract
with magazine sales crews.
227
00:10:58,558 --> 00:11:00,117
They're the ones who
actually ring the doorbells.
228
00:11:00,193 --> 00:11:01,854
And steal from the customers.
229
00:11:01,928 --> 00:11:06,331
Every/body's an independent contractor,
so no one's responsible for anybody.
230
00:11:06,633 --> 00:11:07,623
I get it.
231
00:11:07,700 --> 00:11:08,792
Lieutenant?
Yeah?
232
00:11:08,868 --> 00:11:11,633
There's a Sherry Kreidel
here for an identification.
233
00:11:11,704 --> 00:11:14,139
The victim's next of kin,
the Iraq vet.
234
00:11:14,574 --> 00:11:15,905
I'll see her in my office.
235
00:11:16,743 --> 00:11:18,438
Light a fire
under these people,
236
00:11:18,511 --> 00:11:20,946
this magazine crew's not
gonna stick around for long,
237
00:11:21,014 --> 00:11:23,108
not with two murders
hanging over them.
238
00:11:25,552 --> 00:11:27,646
Um, I'm sorry, I, um...
239
00:11:28,988 --> 00:11:31,923
I haven't seen my brother
in nearly six months.
240
00:11:32,992 --> 00:11:34,551
I heard he was mugged?
241
00:11:34,627 --> 00:11:36,356
We're not sure
what happened.
242
00:11:40,433 --> 00:11:41,798
Poor Davey.
243
00:11:43,903 --> 00:11:46,702
He, um... He wasn't
always like this.
244
00:11:47,640 --> 00:11:49,472
I mean, a street person.
245
00:11:51,511 --> 00:11:53,138
Tell me what
he was like.
246
00:11:53,213 --> 00:11:55,739
Oh, Davey was
the sweetest kid.
247
00:11:57,450 --> 00:11:58,918
All my friends had
a crush on him.
248
00:11:58,985 --> 00:12:00,214
(LAUGHS)
249
00:12:00,720 --> 00:12:04,088
And then when he came
back from over there
250
00:12:07,427 --> 00:12:08,826
he told me
he couldn't sleep.
251
00:12:08,895 --> 00:12:10,989
He would cry for no reason,
he was depressed.
252
00:12:11,598 --> 00:12:13,066
Did he get counseling?
253
00:12:13,132 --> 00:12:15,567
The army told him he had
post-traumatic stress.
254
00:12:15,735 --> 00:12:19,194
But they couldn't treat him right
away, so he waited for weeks!
255
00:12:19,339 --> 00:12:20,807
All the time
getting worse!
256
00:12:20,873 --> 00:12:22,637
He started getting
into trouble.
257
00:12:22,709 --> 00:12:25,110
He would talk back to the
officers, sleeping in.
258
00:12:27,914 --> 00:12:30,178
So the Armyjust
kicked him out.
259
00:12:30,817 --> 00:12:33,548
They told him he had
a personality disorder
260
00:12:33,920 --> 00:12:36,582
and drummed him out
on a 513 discharge.
261
00:12:37,624 --> 00:12:41,151
They said he would
never be a quality soldier.
262
00:12:41,694 --> 00:12:43,219
Just like that.
263
00:12:44,464 --> 00:12:46,899
We found out the Army
has to pay benefits
264
00:12:46,966 --> 00:12:49,628
if they discharge people
for post-traumatic stress,
265
00:12:49,769 --> 00:12:52,397
but if they discharge them
for a personality disorder,
266
00:12:52,472 --> 00:12:54,406
they don't have
to pay anything!
267
00:12:54,540 --> 00:12:56,099
So that's what
they did to Davey!
268
00:12:57,543 --> 00:12:59,705
I'm very sorry,
Ms. Kreidel.
269
00:13:02,448 --> 00:13:05,383
The girl that brought me in
here, she said she was in Iraq.
270
00:13:05,451 --> 00:13:09,012
Oh, yeah. We have a number of
officers who served there.
271
00:13:12,525 --> 00:13:14,118
Davey told me
272
00:13:14,827 --> 00:13:17,922
he would have been better off
if he got killed over there.
273
00:13:18,865 --> 00:13:21,300
They would have treated
him like a hero then.
274
00:13:23,102 --> 00:13:24,433
(KNOCKING ON DOOR)
275
00:13:24,871 --> 00:13:26,339
Excuse me.
276
00:13:31,477 --> 00:13:34,003
We've got a lead on the
manager of the sales crew.
277
00:13:34,080 --> 00:13:35,570
Lean into him.
278
00:13:40,520 --> 00:13:43,751
This could be anybody. But it sure
as hell isn't any of my people.
279
00:13:44,057 --> 00:13:45,320
Sure as hell?
280
00:13:45,491 --> 00:13:47,425
Yeah, we're running
short on our quota.
281
00:13:47,493 --> 00:13:49,894
Which means that my crews
are out on the street
282
00:13:49,962 --> 00:13:52,226
by 7:00 every morning
to make up for it.
283
00:13:52,598 --> 00:13:56,865
Nobody parties late, or runs around
beating the crap out of bums.
284
00:13:57,070 --> 00:13:59,266
Why don't you let us figure
that out for ourselves?
285
00:13:59,339 --> 00:14:01,205
You just give us
the name of your sellers
286
00:14:01,274 --> 00:14:04,073
that were working West 87th
Street a few days ago.
287
00:14:04,143 --> 00:14:06,373
My mag crews weren't
working on the West Side.
288
00:14:06,579 --> 00:14:08,707
It must be a whole other
crew I don't know about.
289
00:14:08,948 --> 00:14:10,609
Hey!
Get out of there!
290
00:14:12,785 --> 00:14:15,880
Who's Tommy Bennett? You bought
a travel voucher for him.
291
00:14:16,589 --> 00:14:19,058
Yeah! He, uh,
quit the crew,
292
00:14:19,158 --> 00:14:22,093
so we bought him this bus
ticket home to Milwaukee.
293
00:14:22,829 --> 00:14:23,819
Why'd he quit?
294
00:14:23,896 --> 00:14:25,489
He just quit.
So what?
295
00:14:26,099 --> 00:14:27,089
"So what"?
296
00:14:27,166 --> 00:14:29,032
You bought this travel
voucher yesterday.
297
00:14:29,302 --> 00:14:30,792
One day
after the murders.
298
00:14:30,870 --> 00:14:32,133
All right, look.
299
00:14:32,805 --> 00:14:34,796
You do what
you gotta do, okay?
300
00:14:35,108 --> 00:14:37,236
But I don't know
anything about anything.
301
00:14:42,382 --> 00:14:45,147
We find the bus Tommy's on,
we can have him pulled off.
302
00:14:45,718 --> 00:14:47,117
That's not me, I swear!
303
00:14:47,186 --> 00:14:49,382
Well, obviously these two guys
aren't you, but you see this here?
304
00:14:49,455 --> 00:14:50,547
At the bottom
of the frame?
305
00:14:50,623 --> 00:14:51,818
That's the top of
somebody's hat,
306
00:14:51,891 --> 00:14:52,881
that somebody
could be you, Tommy.
307
00:14:52,959 --> 00:14:54,120
I swear to God
I wasn't there!
308
00:14:54,193 --> 00:14:55,718
Then why were you in such
a hurry to leave town?
309
00:14:55,795 --> 00:14:57,058
I wasn't, I just quit!
310
00:14:57,130 --> 00:14:58,461
I couldn't take
the job anymore!
311
00:14:58,531 --> 00:15:00,090
Which part of the job
couldn't you take?
312
00:15:00,166 --> 00:15:01,497
The partying
or the stealing?
313
00:15:01,567 --> 00:15:03,899
You don't get it. They told me I
was gonna earn all this money
314
00:15:03,970 --> 00:15:06,564
working on a mag crew,
traveling around the country,
315
00:15:06,639 --> 00:15:07,936
staying in hotels,
316
00:15:08,007 --> 00:15:10,738
except they didn't say there were
gonna dock our pay for the hotels,
317
00:15:10,843 --> 00:15:12,572
gas, whatever
they felt like!
318
00:15:12,845 --> 00:15:13,937
They're ripping us off!
319
00:15:14,013 --> 00:15:15,447
We barely had
enough money to eat!
320
00:15:15,515 --> 00:15:17,540
And they put us up
in these roach hotels
321
00:15:17,617 --> 00:15:19,608
with hookers and meth heads.
It was scary.
322
00:15:19,752 --> 00:15:21,015
Like the Delancey Hotel?
323
00:15:21,087 --> 00:15:24,079
You were staying there with
those guys, weren't you?
324
00:15:24,690 --> 00:15:27,352
We're gonna find your prints in the
room, Tommy, we're gonna know!
325
00:15:30,696 --> 00:15:33,597
I didn't have anything to
do with killing anybody.
326
00:15:34,100 --> 00:15:36,694
Iwasn't even hanging with
those guys that night.
327
00:15:37,036 --> 00:15:39,767
I told 'em I was gonna quit and
they kicked the crap out of me.
328
00:15:43,943 --> 00:15:45,206
You see?
329
00:15:45,645 --> 00:15:46,635
They locked me
out of the room
330
00:15:46,712 --> 00:15:48,703
and they went out to get drunk.
ED: Mmm-hmm.
331
00:15:48,781 --> 00:15:50,909
And I slept in
some park all night!
332
00:15:55,655 --> 00:15:57,487
So who is this
in the photo?
333
00:16:01,594 --> 00:16:02,857
(sums)
334
00:16:04,263 --> 00:16:06,288
Well, this looks
like Pete Harris.
335
00:16:06,432 --> 00:16:07,627
And that's Bobby Cole.
336
00:16:07,700 --> 00:16:10,032
With the boots?
Bobby Cole? You sure?
337
00:16:10,603 --> 00:16:11,764
Yeah, it looks like him.
338
00:16:15,241 --> 00:16:16,538
And that's Audrey.
339
00:16:17,109 --> 00:16:19,703
Audrey Hermenez.
She went with them.
340
00:16:19,979 --> 00:16:21,071
Those three
were real tight.
341
00:16:21,147 --> 00:16:22,137
Where can we find them?
342
00:16:22,682 --> 00:16:23,706
I don't know.
343
00:16:23,783 --> 00:16:25,945
Look at this.
Look at it.
344
00:16:26,285 --> 00:16:28,447
There's circles drawn
around neighborhoods!
345
00:16:28,621 --> 00:16:30,612
You guys made
a schedule. A plan.
346
00:16:31,157 --> 00:16:32,682
What was the plan
for today, Tommy?
347
00:16:33,626 --> 00:16:34,752
(sums)
348
00:16:38,698 --> 00:16:40,723
We were gonna
take the subway here
349
00:16:40,833 --> 00:16:42,426
to Astoria Boulevard station.
350
00:16:45,671 --> 00:16:47,469
Come on, you're
going with us. Get up!
351
00:16:47,607 --> 00:16:49,302
Let's go!
(SCOFFS)
352
00:16:52,111 --> 00:16:54,079
Those guys, they're
out of control.
353
00:16:54,146 --> 00:16:56,205
Don't wuss out
on us, Tommy.
354
00:17:01,153 --> 00:17:03,383
There! That's Pete,
that's Pete.
355
00:17:09,996 --> 00:17:11,930
I'd be helping the
refugees of Darfur
356
00:17:11,998 --> 00:17:14,194
while still earning credits
towards my medical degree.
357
00:17:14,333 --> 00:17:16,392
As you can see, we have a
wide selection of magazines.
358
00:17:16,502 --> 00:17:19,472
How about a lifetime subscription
to the Prison Times?
359
00:17:19,605 --> 00:17:21,505
Peter Harris, you're under arrest.
Excuse us.
360
00:17:21,574 --> 00:17:23,064
Where are your friends?
361
00:17:23,142 --> 00:17:25,804
Uh, uh, I got
nothing to say.
362
00:17:25,878 --> 00:17:26,936
(SCOFFS)
363
00:17:27,780 --> 00:17:29,407
WOMAN ON RADIO: 110
David, be advised,
364
00:17:29,482 --> 00:17:31,416
two individuals
matching the descriptions,
365
00:17:31,517 --> 00:17:36,079
one male, one female, seen entering
residence at 429 Steinway.
366
00:17:38,591 --> 00:17:39,888
Ma'am, we're looking
for two people
367
00:17:39,959 --> 00:17:41,324
who were just seen
entering this residence.
368
00:17:41,394 --> 00:17:42,555
Yeah. They're
selling magazines.
369
00:17:42,628 --> 00:17:44,062
May we come in?
370
00:17:50,603 --> 00:17:52,071
Where are they?
371
00:17:52,138 --> 00:17:53,537
He was just here,
and the girl she...
372
00:17:53,606 --> 00:17:54,903
(TOILET FLUSHING)
373
00:17:57,610 --> 00:17:59,305
Police! Hands up!
Where's Cole?
374
00:17:59,378 --> 00:18:01,073
I don't know, I don't know.
(CRASHING)
375
00:18:07,186 --> 00:18:08,517
(GRUNTING)
376
00:18:08,955 --> 00:18:10,354
Turn around!
377
00:18:11,390 --> 00:18:12,619
Don't move!
378
00:18:13,492 --> 00:18:14,755
Cuff him.
379
00:18:19,699 --> 00:18:21,997
Hey, Cole.
Nice boots.
380
00:18:22,201 --> 00:18:24,431
OFFICER: Get up.
(SIREN WAILING)
381
00:18:35,781 --> 00:18:39,479
Docket number 3305, People v.
Peter Harris, Audrey Hermenez...
382
00:18:39,552 --> 00:18:42,487
Not so fast! Where's counsel
for these defendants?
383
00:18:42,688 --> 00:18:44,213
Don't know, Your Honor.
384
00:18:44,290 --> 00:18:45,689
Mr. Fetzer!
385
00:18:45,992 --> 00:18:49,758
Will Legal Aid represent defendants
for the purposes of arraignment?
386
00:18:49,962 --> 00:18:51,361
You know me, Judge.
387
00:18:51,631 --> 00:18:52,621
Whatever you need.
388
00:18:52,698 --> 00:18:53,824
CLERK: People v. Peter Harris,
389
00:18:53,899 --> 00:18:55,526
Audrey Hermenez,
and Robert Cole.
390
00:18:55,601 --> 00:18:56,591
Not guilty!
391
00:18:56,702 --> 00:18:58,500
Counselor, put a lid
on your client.
392
00:18:58,671 --> 00:19:00,366
One count each,
murder in the second degree,
393
00:19:00,439 --> 00:19:02,066
two counts grand larceny.
394
00:19:02,241 --> 00:19:03,640
My clients plead
not guilty.
395
00:19:03,709 --> 00:19:04,733
JUDGE: People on bail?
396
00:19:04,810 --> 00:19:07,677
The defendants brutally beat
two homeless men to death.
397
00:19:08,214 --> 00:19:11,309
One of the murders was clearly
captured by a security camera.
398
00:19:11,584 --> 00:19:14,212
Defendants have no ties to the
community, no fixed address.
399
00:19:14,286 --> 00:19:16,653
They do now.
Remand across the board.
400
00:19:17,423 --> 00:19:19,084
Notify the 18-B panel.
401
00:19:19,191 --> 00:19:21,159
Let's get separate
attorneys appointed
402
00:19:21,227 --> 00:19:22,490
and, Mr. Fetzer,
403
00:19:22,628 --> 00:19:25,359
since you seem to have a
calming effect on Mr. Cole,
404
00:19:25,464 --> 00:19:27,262
you'll continue as
his counsel of record.
405
00:19:29,669 --> 00:19:32,263
JACK: So much for
being clearly captured.
406
00:19:32,672 --> 00:19:34,367
This gone to
the defense yet?
407
00:19:34,440 --> 00:19:36,408
In the afternoon
discovery package.
408
00:19:36,475 --> 00:19:39,570
A tape of the actual crime
should have been a slam dunk.
409
00:19:40,680 --> 00:19:42,648
They beat two men
to death!
410
00:19:42,715 --> 00:19:45,582
There should be blood on
their clothes, their shoes.
411
00:19:46,318 --> 00:19:48,047
They must have
cleaned it off.
412
00:19:48,187 --> 00:19:50,485
Cole's boot heel matched the
head wounds on the victims.
413
00:19:50,623 --> 00:19:52,682
But so would a
million other shoes.
414
00:19:52,792 --> 00:19:55,955
On the other hand, Latent found
the girl's prints on the map.
415
00:19:56,195 --> 00:20:00,132
Well, I guess we can always hold a
littering charge over her as leverage.
416
00:20:03,102 --> 00:20:04,092
What?
417
00:20:04,170 --> 00:20:06,571
There was blood on the bed in
the hotel room they all shared.
418
00:20:06,672 --> 00:20:08,731
Belonged to the girl,
Audrey Hermenez.
419
00:20:08,974 --> 00:20:10,464
And there was semen
mixed with it.
420
00:20:10,743 --> 00:20:12,541
Belonging to one
of the other two?
421
00:20:12,645 --> 00:20:15,580
The lab is still testing it, but if
one of them is Audrey's boyfriend,
422
00:20:15,648 --> 00:20:18,242
we might be able to play the love
birds against the odd man out.
423
00:20:19,552 --> 00:20:22,681
Talk to Ms. Hermenez before
the defense sees that tape.
424
00:20:27,760 --> 00:20:29,023
AUDREY: I didn't have
sex with anybody.
425
00:20:29,095 --> 00:20:30,358
Audrey, just listen to her.
426
00:20:30,429 --> 00:20:32,420
The semen was mixed
with your blood!
427
00:20:32,565 --> 00:20:35,694
Whoever it was, Peter or
Bobby, you can help him.
428
00:20:36,035 --> 00:20:39,061
Especially if you tell me this
whole thing wasn't his idea.
429
00:20:40,106 --> 00:20:41,767
I didn't have sex.
430
00:20:42,208 --> 00:20:44,108
I don't have
a boyfriend.
431
00:20:45,311 --> 00:20:47,541
Audrey, what are
you trying to say?
432
00:20:51,016 --> 00:20:52,245
Were you raped?
433
00:20:55,955 --> 00:20:57,013
We'll protect you.
434
00:20:57,123 --> 00:20:58,818
Peter and Bobby
can't hurt you anymore,
435
00:20:58,924 --> 00:21:00,323
but you have to tell
us about the murders.
436
00:21:00,392 --> 00:21:01,917
They didn't rape me.
437
00:21:01,994 --> 00:21:04,861
It wasn't them.
They saved me!
438
00:21:05,731 --> 00:21:08,359
They were out getting food when
some meth heads from down the hall
439
00:21:08,434 --> 00:21:10,459
bust in looking for money,
they attacked me,
440
00:21:10,569 --> 00:21:12,628
they were raping me when
Peter and Bobby came back.
441
00:21:12,705 --> 00:21:14,764
They pulled those
animals off me.
442
00:21:16,175 --> 00:21:17,472
I understand your loyalty.
443
00:21:17,543 --> 00:21:18,669
No, you don't.
444
00:21:18,944 --> 00:21:21,242
We've been together for four
months, going from place to place.
445
00:21:21,313 --> 00:21:22,678
Everybody was ripping us off.
446
00:21:22,748 --> 00:21:26,184
Our boss even has these goons beat us
up if we don't bring in enough money.
447
00:21:26,418 --> 00:21:27,943
All we've got
is each other.
448
00:21:28,087 --> 00:21:30,715
But you are the one that's
in trouble right now.
449
00:21:30,823 --> 00:21:33,224
It was your prints on the map!
I don't care!
450
00:21:33,959 --> 00:21:35,620
Bobby? He was in Iraq.
451
00:21:35,861 --> 00:21:37,556
He said the only reason
he came back alive
452
00:21:37,630 --> 00:21:38,825
is 'cause he and his
buddies hung together.
453
00:21:38,898 --> 00:21:41,265
Well, it's no different
here. No different.
454
00:21:42,868 --> 00:21:44,859
I didn't see any murders.
455
00:21:45,571 --> 00:21:47,437
I didn't see anything.
456
00:21:50,476 --> 00:21:52,740
What do they think they
are, The Lost Platoon?
457
00:21:52,845 --> 00:21:55,871
Well, if we don't break their bonds
of loyalty, we don't have a case.
458
00:21:55,981 --> 00:21:58,109
They're kids. Push 'em
around, they'll fold.
459
00:21:58,284 --> 00:22:01,584
Audrey Hermenez was gang
raped, Cole was in combat.
460
00:22:01,654 --> 00:22:04,680
It'll take more than tough
talk to intimidate those two.
461
00:22:04,957 --> 00:22:08,018
That still leaves the third
musketeer up for grabs.
462
00:22:08,194 --> 00:22:11,926
Too late. Omnibus motion to
dismiss, set bail, suppress,
463
00:22:11,997 --> 00:22:13,556
you name it,
they're going for it.
464
00:22:13,866 --> 00:22:14,992
You shut them down,
465
00:22:15,067 --> 00:22:17,331
because I don't want these
people back on our streets.
466
00:22:22,074 --> 00:22:24,042
The only thing this tape
clearly captures
467
00:22:24,109 --> 00:22:26,134
is the big nothing at the
center of the People's case.
468
00:22:26,345 --> 00:22:28,609
The tape speaks for
itself, Your Honor,
469
00:22:28,681 --> 00:22:31,981
it's up to the jury to
determine its probative value.
470
00:22:32,051 --> 00:22:35,817
Except Ms. Rubirosa hyped it as the
second coming of the Zapruder film.
471
00:22:35,921 --> 00:22:37,616
It's why our clients
are denied bail.
472
00:22:39,692 --> 00:22:41,683
Is your client okay,
Mr. Fetzer?
473
00:22:41,861 --> 00:22:43,192
What happened
to his arm?
474
00:22:43,462 --> 00:22:45,556
I believe he slipped
on the stairs at Rikers.
475
00:22:45,698 --> 00:22:47,598
Your Honor, the entire
case against our clients.
476
00:22:47,666 --> 00:22:50,465
Save your breath, Mr. Fetzer.
Your motion to dismiss is denied.
477
00:22:50,636 --> 00:22:52,161
As to the bail application.
478
00:22:52,238 --> 00:22:55,970
If I may remind Your Honor, the
defendants are out-of-state residents.
479
00:22:56,308 --> 00:22:58,299
$50,000 on Harris and Cole,
480
00:22:58,377 --> 00:22:59,936
25 for Ms. Hermenez.
481
00:23:00,045 --> 00:23:01,410
(GAVEL THUDDING)
482
00:23:01,881 --> 00:23:05,545
Arthur should be happy. At $50,000
they won't be going anywhere soon.
483
00:23:05,784 --> 00:23:07,980
You know, for a guy who took
a header down the stairs,
484
00:23:08,053 --> 00:23:09,316
Cole looks pretty good.
485
00:23:09,488 --> 00:23:11,479
No head injuries,
no bruises.
486
00:23:12,391 --> 00:23:13,654
You don't buy his story?
487
00:23:13,759 --> 00:23:15,750
At arraignment he could
hardly stand still.
488
00:23:15,828 --> 00:23:17,387
Now he's moving
at half speed.
489
00:23:17,496 --> 00:23:19,089
He's got a bad case
of dry mouth.
490
00:23:19,732 --> 00:23:22,463
It's a common side effect
of mood-stabilizing drugs.
491
00:23:22,568 --> 00:23:25,970
It'd be nice to know why Cole
needs his mood stabilized.
492
00:23:27,506 --> 00:23:29,804
The warden at Rikers
told me Cole was shanked
493
00:23:29,909 --> 00:23:31,377
in a fight with
another prisoner.
494
00:23:31,543 --> 00:23:34,444
There were no witnesses and it's
unclear who started the fight,
495
00:23:34,580 --> 00:23:37,311
but the other prisoner? He
ended up with a broken jaw,
496
00:23:37,483 --> 00:23:39,850
three broken ribs
and a broken ankle.
497
00:23:39,919 --> 00:23:41,751
Sounds like Cole
went on a rampage.
498
00:23:41,887 --> 00:23:43,184
Is that why
he was sedated?
499
00:23:43,255 --> 00:23:45,849
Cole refused to waive
his medical confidentiality.
500
00:23:46,125 --> 00:23:48,093
But the doctor didn't
disagree when I suggested
501
00:23:48,193 --> 00:23:51,026
that Cole was on either
phenobarbital or tegritol.
502
00:23:51,196 --> 00:23:52,493
Heavy-duty stuff.
503
00:23:52,598 --> 00:23:54,259
So what's this
all masking?
504
00:23:54,500 --> 00:23:56,559
Mood swings, a
propensity for violence?
505
00:23:56,702 --> 00:23:57,965
Well, Cole doesn't
have a rap sheet,
506
00:23:58,070 --> 00:24:01,165
but I had his service record
faxed over this afternoon.
507
00:24:01,573 --> 00:24:03,871
We might be able to
read between the lines.
508
00:24:04,877 --> 00:24:06,777
He served in
a mechanized unit,
509
00:24:06,845 --> 00:24:08,006
did two tours...
510
00:24:08,213 --> 00:24:10,705
Divisional commendation,
a Purple Heart.
511
00:24:11,417 --> 00:24:13,476
Wounded 02109 of '06.
512
00:24:13,619 --> 00:24:14,984
Hmm. Eight months
of recovery,
513
00:24:15,087 --> 00:24:17,954
most of it at the Linden
VA hospital in Brooklyn.
514
00:24:19,158 --> 00:24:20,853
He got two
letters of reprimand.
515
00:24:20,926 --> 00:24:23,759
That's the military equivalent
of a slap on the wrist.
516
00:24:24,263 --> 00:24:27,130
But look at this, he received
a general discharge.
517
00:24:27,566 --> 00:24:29,056
He's practically
awar hero
518
00:24:29,134 --> 00:24:31,831
and they muster him out because
of a couple of bad write-ups?
519
00:24:32,137 --> 00:24:33,798
Ah, we're not getting
the whole story.
520
00:24:33,872 --> 00:24:35,340
Or any of it.
521
00:24:35,507 --> 00:24:37,271
Start drafting a subpoena.
522
00:24:41,981 --> 00:24:44,541
I'm only authorized to tell you that Mr.
Cole was admitted
523
00:24:44,616 --> 00:24:46,243
with an ABI,
524
00:24:46,518 --> 00:24:50,455
acute brain injury sustained when
an IED exploded near his Humvee.
525
00:24:50,622 --> 00:24:52,613
Beyond that you have
his redacted records.
526
00:24:52,791 --> 00:24:54,350
Redacted is putting it mildly.
527
00:24:54,426 --> 00:24:56,394
Anything useful has
been blacked out.
528
00:24:56,528 --> 00:24:59,054
We've been served a temporary
restraining order by Mr. Cole
529
00:24:59,131 --> 00:25:01,930
barring the release
of his medical information.
530
00:25:02,134 --> 00:25:03,659
Until the lawyers
tell me otherwise...
531
00:25:03,736 --> 00:25:05,568
A TRO. Can we see it?
532
00:25:06,839 --> 00:25:09,137
Here's something your
redactors missed!
533
00:25:09,208 --> 00:25:11,734
Cole changed wards four
times while he was here.
534
00:25:11,877 --> 00:25:13,868
As part of his
treatment and recovery.
535
00:25:14,146 --> 00:25:16,080
But four times?
536
00:25:16,582 --> 00:25:19,142
Does that indicate a
disciplinary problem?
537
00:25:19,218 --> 00:25:22,518
It might if I were authorized
to discuss it, which I'm not.
538
00:25:22,654 --> 00:25:24,645
What kind of problem?
Was he violent?
539
00:25:24,723 --> 00:25:27,124
Isn't that why he was
given a general discharge?
540
00:25:27,226 --> 00:25:29,456
I can't comment.
The TRO.
541
00:25:30,262 --> 00:25:34,256
Then we'll talk to everybody who had
contact with him during his stay here.
542
00:25:34,666 --> 00:25:36,566
I'm sorry,
I don't make policy.
543
00:25:36,702 --> 00:25:38,067
CONNIE: Read our
subpoena, Ms. Corrado.
544
00:25:38,137 --> 00:25:41,664
You're required to comply unless barred
by specific language of the TRO.
545
00:25:41,840 --> 00:25:44,002
The way I read this,
we can talk to orderlies,
546
00:25:44,076 --> 00:25:46,545
security personnel,
and other patients.
547
00:25:49,014 --> 00:25:51,210
WOMAN ON PA: Dr. Jacobson to O.R.
one. Dr. Jacobson to O.R. one.
548
00:25:51,283 --> 00:25:54,082
You have to understand that a lot
of personnel had been reassigned
549
00:25:54,153 --> 00:25:55,712
since Mr. Cole
was discharged.
550
00:25:55,788 --> 00:25:57,688
We'll talk
to whoever's left.
551
00:26:03,595 --> 00:26:05,427
WOMAN ON PA: Lieutenant Rodrigo
Tyson, waiting room...
552
00:26:05,497 --> 00:26:06,521
(PATIENT MOANING)
553
00:26:06,598 --> 00:26:08,760
Lieutenant Rodrigo,
please report to ICU.
554
00:26:18,243 --> 00:26:19,608
Thanks, guys.
555
00:26:19,678 --> 00:26:20,873
All right.
556
00:26:28,120 --> 00:26:29,451
MAN: Doctor!
557
00:26:31,990 --> 00:26:34,049
Thank you.
You're welcome, Sir.
558
00:26:34,426 --> 00:26:35,689
This way.
559
00:26:37,429 --> 00:26:40,330
Ward Five, isn't that one
of the wards Cole was in?
560
00:26:40,399 --> 00:26:41,491
It's been closed.
561
00:26:41,567 --> 00:26:42,830
In the middle of a war?
562
00:26:42,901 --> 00:26:44,926
The people you wanna
talk to are this way.
563
00:26:45,037 --> 00:26:46,630
Check it out, Sir.
564
00:26:48,507 --> 00:26:50,032
Check it out.
565
00:26:58,517 --> 00:27:00,246
When did you
close this down?
566
00:27:00,352 --> 00:27:01,945
Two months ago.
567
00:27:04,089 --> 00:27:06,581
Jack, there's rat droppings.
568
00:27:16,468 --> 00:27:19,438
This room was Cole's.
569
00:27:22,174 --> 00:27:23,437
Mr. McCoy.
570
00:27:37,122 --> 00:27:39,386
There's dead roaches
all over the floor.
571
00:27:41,026 --> 00:27:43,552
CORRADO: That's why
it's been closed. It's unfit.
572
00:28:03,215 --> 00:28:04,740
How long has it
been like this?
573
00:28:04,850 --> 00:28:06,784
Long as I've been here.
574
00:28:06,885 --> 00:28:09,911
And you had wounded soldiers
living in these conditions?
575
00:28:11,423 --> 00:28:13,983
No wonder Cole wanted
to bust some heads.
576
00:28:23,101 --> 00:28:24,569
I took what I could
with my cell phone
577
00:28:24,636 --> 00:28:26,161
before they hustled
us out of there.
578
00:28:26,238 --> 00:28:27,501
Deplorable.
579
00:28:28,373 --> 00:28:30,705
Disgraceful, that's
the operative word.
580
00:28:31,109 --> 00:28:33,271
But it doesn't have anything
to do with this case.
581
00:28:33,512 --> 00:28:35,537
Talk to me about
something that does.
582
00:28:35,614 --> 00:28:37,446
We found a doctor at the
hospital who told us
583
00:28:37,516 --> 00:28:41,111
that Cole was involved in three
unprovoked attacks on hospital personnel.
584
00:28:41,486 --> 00:28:44,786
All of them had a familiar MO,
punches, kicks to the head.
585
00:28:45,157 --> 00:28:46,818
And it was only because
Cole was quickly subdued
586
00:28:46,892 --> 00:28:48,360
that no one
was seriously hurt.
587
00:28:48,460 --> 00:28:49,985
Evidence of
a pattern crime.
588
00:28:50,162 --> 00:28:51,891
Admissible under the
Molineaux exception.
589
00:28:51,964 --> 00:28:54,661
It's what Cole's lawyer tried
to keep us from finding out.
590
00:28:55,000 --> 00:28:56,331
Great work.
591
00:28:56,501 --> 00:28:59,198
Now use it to turn
one of the lesser evils.
592
00:29:02,741 --> 00:29:04,436
What they're
saying is, Pete,
593
00:29:04,576 --> 00:29:07,170
their case against Cole
just got a big boost.
594
00:29:07,379 --> 00:29:10,610
Lucky for you, we want him
more than we want you.
595
00:29:11,483 --> 00:29:13,884
He finished off
McCarter and Kreidel.
596
00:29:14,586 --> 00:29:17,681
You confirm it, you testify
to it, we've got a deal.
597
00:29:19,992 --> 00:29:21,858
1540-30, Pete.
598
00:29:25,731 --> 00:29:27,130
JACK: Don't take
too long, Mr. Harris.
599
00:29:27,232 --> 00:29:29,792
I might decide to take you
to trial along with Cole.
600
00:29:30,869 --> 00:29:33,031
And ask for life
without parole.
601
00:29:41,647 --> 00:29:43,240
Cole, man, he...
602
00:29:44,883 --> 00:29:46,442
He's like night
and day, you know?
603
00:29:46,618 --> 00:29:48,450
The murders,
Mr. Harris.
604
00:29:53,925 --> 00:29:55,256
Yeah, we did them.
605
00:29:56,328 --> 00:29:57,818
Cole was in one
of his moods.
606
00:29:58,497 --> 00:30:00,295
JACK: What kind of mood?
607
00:30:01,667 --> 00:30:04,159
He goes all quiet,
like in a trance.
608
00:30:05,504 --> 00:30:08,496
He shuts everything out. He comes out
of it, he's looking for a fight.
609
00:30:08,573 --> 00:30:10,234
That's enough for now.
610
00:30:10,309 --> 00:30:13,836
Mr. McCoy, you send us the paperwork,
you'll get the rest of the story.
611
00:30:16,415 --> 00:30:17,644
(EXHALES)
612
00:30:20,152 --> 00:30:22,678
Get word to
Audrey Hermenez's lawyer
613
00:30:23,121 --> 00:30:25,988
that The Lost Platoon
hit a bump in the road.
614
00:30:26,058 --> 00:30:28,459
Hmm. More like a sharp turn.
Look at this.
615
00:30:28,527 --> 00:30:29,961
Cole changed his plea.
616
00:30:30,095 --> 00:30:33,395
Not guilty by reason of
mental disease or defect.
617
00:30:33,732 --> 00:30:36,929
Fetzer must have found out that we
know about Cole's prior bad acts.
618
00:30:37,069 --> 00:30:39,800
Fetzer's smart, he knows
they cut both ways.
619
00:30:39,971 --> 00:30:42,463
We use them to show
a pattern crime.
620
00:30:42,641 --> 00:30:45,406
Fetzer uses them as evidence
of a mental disease.
621
00:30:45,610 --> 00:30:47,408
Life hands you lemons.
622
00:30:47,479 --> 00:30:49,846
This puts Cole's
medical records in play.
623
00:30:50,115 --> 00:30:52,311
No more hiding
behind a TRO.
624
00:30:55,020 --> 00:30:56,283
PETER: When we got
back to the hotel.
625
00:30:56,355 --> 00:30:57,845
Bobby told us we had
to wash our clothes
626
00:30:57,923 --> 00:30:59,448
in case we
got blood on them.
627
00:31:00,158 --> 00:31:02,456
I woke up later, I saw
him cleaning his boots.
628
00:31:03,228 --> 00:31:05,492
Mr. Harris, did you
ever talk to Mr. Cole
629
00:31:05,564 --> 00:31:08,363
about what you described
earlier as his trances?
630
00:31:09,067 --> 00:31:12,697
Yes. Uh, he said they started happening
after he got messed up in Iraq.
631
00:31:12,971 --> 00:31:15,941
Did he ever talk to you about
getting treatment for them?
632
00:31:16,174 --> 00:31:18,165
He said he was supposed
to take drugs for them,
633
00:31:18,577 --> 00:31:21,137
but because we were always
on the move for our work,
634
00:31:21,279 --> 00:31:23,907
he could never get a doctor
to write him a prescription.
635
00:31:24,349 --> 00:31:25,680
Thank you.
636
00:31:28,220 --> 00:31:30,951
When Bobby came out of his
trances, he was irritable,
637
00:31:31,056 --> 00:31:32,524
hostile, that's what
you said, isn't it?
638
00:31:33,458 --> 00:31:34,482
Yes.
639
00:31:34,559 --> 00:31:36,425
Did he ever direct
his hostility at you?
640
00:31:38,797 --> 00:31:39,889
Sometimes.
641
00:31:40,732 --> 00:31:42,632
How would you
deal with it?
642
00:31:44,369 --> 00:31:46,394
Uh, I'd make him
focus on something else.
643
00:31:46,538 --> 00:31:49,405
Something?
Or maybe somebody?
644
00:31:51,710 --> 00:31:53,075
Yeah, sure.
645
00:31:53,578 --> 00:31:56,206
How would you get Bobby to
focus on somebody else?
646
00:31:57,883 --> 00:31:59,112
I don't remember.
647
00:32:00,352 --> 00:32:03,219
Are you familiar with the
terms haji and Johnny Jihad?
648
00:32:04,156 --> 00:32:07,285
Sure. Bobby said that that's what
they called the enemy in Iraq.
649
00:32:07,726 --> 00:32:09,660
So when Bobby was
coming out of his trances,
650
00:32:09,728 --> 00:32:11,924
did you ever point at
another person and tell him
651
00:32:12,063 --> 00:32:14,361
there's a haji,
there's Johnny Jihad?
652
00:32:15,634 --> 00:32:16,658
Maybe.
653
00:32:16,735 --> 00:32:18,260
Didn't you point to
those homeless men
654
00:32:18,336 --> 00:32:20,202
and tell him,
there's Johnny Jihad?
655
00:32:20,539 --> 00:32:24,498
Uh... I was drunk,
I don't remember.
656
00:32:26,678 --> 00:32:27,975
No more questions.
657
00:32:28,380 --> 00:32:29,905
What do you mean
he's not coming?
658
00:32:30,048 --> 00:32:31,607
It's not up to the
Veteran's Administration,
659
00:32:31,683 --> 00:32:33,674
Dr. Petravian
is under subpoena!
660
00:32:34,619 --> 00:32:37,179
He's being called as a
witness in five minutes!
661
00:32:37,389 --> 00:32:38,754
Okay, okay. Fine.
Do you know about this?
662
00:32:38,824 --> 00:32:40,724
I just got hit with a federal
writ of prohibition.
663
00:32:40,826 --> 00:32:42,726
Somejudge halfway across
the country's telling me
664
00:32:42,794 --> 00:32:45,889
I can't present evidence about my
client's treatment at the Linden VA!
665
00:32:46,264 --> 00:32:48,062
So that explains it.
Explains what?
666
00:32:48,300 --> 00:32:50,701
Jack, our doctor from the
VA isn't showing up.
667
00:32:50,802 --> 00:32:51,894
There's some federal writ.
668
00:32:51,970 --> 00:32:53,529
I know, I got one, too.
669
00:32:53,605 --> 00:32:55,596
Follow me to the
federal courthouse.
670
00:32:56,341 --> 00:32:58,002
Your Honor, the
Veteran's Administration
671
00:32:58,076 --> 00:33:00,010
is being prosecuted
for criminal negligence
672
00:33:00,078 --> 00:33:02,877
in a death that occurred at a
VA hospital in Albuquerque.
673
00:33:03,014 --> 00:33:05,483
Now there's real concern here
that publicity from this case
674
00:33:05,550 --> 00:33:08,019
could unduly influence
the New Mexico case.
675
00:33:08,086 --> 00:33:10,145
If I can't present evidence
of my client's treatment
676
00:33:10,222 --> 00:33:12,657
at the Linden VA,
I won't have a case!
677
00:33:12,858 --> 00:33:14,883
I can't establish the origin
of his mental disease!
678
00:33:14,993 --> 00:33:16,791
Your Honor, my case
supersedes theirs.
679
00:33:16,928 --> 00:33:20,387
Maybe so, but, Your Honor, on its
face, this is over-reaching.
680
00:33:20,632 --> 00:33:22,361
I don't know why
Mr. McCoy's complaining.
681
00:33:22,434 --> 00:33:24,732
He can still introduce his
defendant's prior bad acts
682
00:33:24,803 --> 00:33:26,100
without violating
the writ.
683
00:33:26,171 --> 00:33:28,663
I know what I can do,
that's not the issue.
684
00:33:28,740 --> 00:33:30,139
Fairness is the issue.
685
00:33:30,308 --> 00:33:33,141
No, Mr. McCoy,
due process is the issue.
686
00:33:33,211 --> 00:33:35,111
The federal case
preempts the state.
687
00:33:35,380 --> 00:33:37,405
All mention of the
conditions at the Linden VA
688
00:33:37,482 --> 00:33:39,951
or the treatment rendered therein
is barred from your trial.
689
00:33:40,051 --> 00:33:42,611
Your Honor, you... And any evidence
pertaining to those conditions
690
00:33:42,687 --> 00:33:45,782
will be returned forthwith to
the relevant federal entity.
691
00:33:45,891 --> 00:33:47,154
It's a whitewash.
692
00:33:47,826 --> 00:33:50,056
You have my ruling. Ignore
it at your own peril.
693
00:33:53,665 --> 00:33:54,826
(SCOFFS)
694
00:33:55,200 --> 00:33:57,066
Fetzer's right,
it's a cover-up.
695
00:33:57,235 --> 00:33:58,828
Last I checked, you
were being paid
696
00:33:58,904 --> 00:34:00,565
to put people like
Robert Cole in jail.
697
00:34:00,639 --> 00:34:02,232
Before Cole was
a murderer,
698
00:34:02,307 --> 00:34:05,743
he was a wounded soldier who
received substandard care.
699
00:34:05,977 --> 00:34:08,810
If you think this is an issue
worth airing while we're at war,
700
00:34:08,880 --> 00:34:10,405
then get yourself
down to New Mexico.
701
00:34:10,515 --> 00:34:11,914
Don't tempt me, Arthur.
702
00:34:13,518 --> 00:34:15,316
Jack, do you believe
that Cole knew
703
00:34:15,387 --> 00:34:16,877
that killing those
men was wrong?
704
00:34:17,222 --> 00:34:19,213
Yes, he even
covered up evidence.
705
00:34:19,324 --> 00:34:21,952
Do you believe he appreciated
the consequences of his action?
706
00:34:22,027 --> 00:34:24,257
Yes.
Well, then the path is clear.
707
00:34:24,896 --> 00:34:27,729
We abide by the writ, we
work out a plea with Fetzer,
708
00:34:27,899 --> 00:34:30,925
then we make sure that all that
evidence goes back to the Feds.
709
00:34:34,639 --> 00:34:36,334
Hey, Lieu, Cole's
pleading out.
710
00:34:36,841 --> 00:34:38,275
In the middle
of the trial?
711
00:34:38,343 --> 00:34:39,401
I just report the news.
712
00:34:39,477 --> 00:34:42,037
Rubirosa says all this stuff is
being turned over to the Feds.
713
00:34:42,147 --> 00:34:44,343
Just this?
The VA material?
714
00:34:44,916 --> 00:34:47,647
It's gonna make a nice bonfire
in somebody's backyard.
715
00:35:00,832 --> 00:35:02,800
You worked out
a plea with Cole.
716
00:35:03,735 --> 00:35:04,964
Not yet.
717
00:35:05,337 --> 00:35:07,738
I'm gonna sweat him
out a little longer.
718
00:35:07,939 --> 00:35:11,534
Got a VA doctor testifying tomorrow
about Cole's bad behavior.
719
00:35:15,046 --> 00:35:18,277
And all of this
will be off-limits?
720
00:35:21,219 --> 00:35:23,244
By order of the
US District Court.
721
00:35:23,622 --> 00:35:24,680
Hmm.
722
00:35:24,756 --> 00:35:28,989
You know, my father was wounded
in Wonju, Korea in 1952.
723
00:35:29,694 --> 00:35:33,392
He spent a year in a
VA hospital in Tulsa.
724
00:35:34,132 --> 00:35:37,295
Never talked about it.
Well, not to me.
725
00:35:38,169 --> 00:35:40,831
My mother said the doctors
and nurses saved his life.
726
00:35:40,972 --> 00:35:43,441
Angels of mercy, that's
what she called them.
727
00:35:44,109 --> 00:35:47,511
If it weren't for them, there wouldn't
have been an Anita Van Buren.
728
00:35:48,947 --> 00:35:50,210
But this.
729
00:35:51,449 --> 00:35:53,645
I know you know
this isn't right.
730
00:35:54,552 --> 00:35:57,988
And kicking broken kids
out of the Army...
731
00:35:58,657 --> 00:36:01,786
Kids like David Kreidel
just to save a buck.
732
00:36:03,962 --> 00:36:05,157
(EXHALES)
733
00:36:06,431 --> 00:36:08,092
Wouldn't treat
a dog like that.
734
00:36:15,173 --> 00:36:16,607
(DOOR CLOSES)
735
00:36:21,880 --> 00:36:24,747
This was the second time Mr.
Cole had attacked an orderly.
736
00:36:25,817 --> 00:36:28,309
Again I explained to him
about his seizures.
737
00:36:28,853 --> 00:36:30,844
I warned him that
he was susceptible
738
00:36:30,922 --> 00:36:33,914
to aggressive behavior immediately
following the seizures.
739
00:36:34,459 --> 00:36:36,985
Did you counsel him
about treatment, Doctor?
740
00:36:37,128 --> 00:36:38,152
Yes.
741
00:36:38,630 --> 00:36:41,930
I explained the seizures are treated
with mood-stabilizing drugs.
742
00:36:42,701 --> 00:36:45,227
And that he must continue
to take those drugs.
743
00:36:45,537 --> 00:36:47,631
JACK: How did he react to
your instructions, Doctor?
744
00:36:48,973 --> 00:36:50,964
I asked if he understood
my instructions
745
00:36:51,042 --> 00:36:53,067
and the consequences
of not following them.
746
00:36:53,411 --> 00:36:54,606
He said he did.
747
00:36:56,347 --> 00:36:57,439
No more questions.
748
00:36:58,216 --> 00:36:59,308
JUDGE". Cross, NH. Fewer'?
749
00:36:59,417 --> 00:37:01,181
Your Honor,
for reasons you're aware,
750
00:37:01,252 --> 00:37:03,311
the questions I'd want
to ask this witness
751
00:37:03,388 --> 00:37:06,358
would put me in contempt of a
federal order of prohibition,
752
00:37:06,691 --> 00:37:08,181
so I have no questions.
753
00:37:08,359 --> 00:37:09,918
JUDGE: All right.
754
00:37:10,028 --> 00:37:12,190
Dr. Petravian,
you're excused.
755
00:37:14,099 --> 00:37:16,067
If I may, Your Honor,
756
00:37:16,134 --> 00:37:18,296
I have a few more
questions for this witness.
757
00:37:18,870 --> 00:37:20,269
JUDGE: Doctor?
758
00:37:27,612 --> 00:37:30,638
Doctor, how would you
characterize the care
759
00:37:31,182 --> 00:37:34,846
provided to Mr. Cole by
the Linden VA hospital?
760
00:37:38,223 --> 00:37:40,453
Consistent with the level
of care at the facility.
761
00:37:41,659 --> 00:37:45,391
Consistent with standards in the
medical community at large?
762
00:37:46,731 --> 00:37:48,358
Um, I'm not sure
I understand.
763
00:37:49,300 --> 00:37:51,291
Mr. Cole received
excellent care.
764
00:37:53,138 --> 00:37:54,799
People's 28.
765
00:37:56,574 --> 00:37:58,599
These are his
treatment records.
766
00:37:59,144 --> 00:38:01,636
Can you tell me if he was
given a prescription
767
00:38:01,813 --> 00:38:05,545
for mood-stabilizers when he was
released from your facility?
768
00:38:06,084 --> 00:38:07,779
I don't see...
769
00:38:09,687 --> 00:38:11,155
His records
don't indicate it.
770
00:38:11,289 --> 00:38:14,418
Do they indicate that he was
directed to an outpatient facility
771
00:38:14,492 --> 00:38:16,324
for further treatment?
772
00:38:16,895 --> 00:38:18,090
No. They don't.
773
00:38:18,263 --> 00:38:20,732
Even though he
suffered from seizures
774
00:38:20,865 --> 00:38:24,699
as a result of the brain
injury he received in combat?
775
00:38:25,170 --> 00:38:27,730
Such outpatient care may
not have been available.
776
00:38:29,774 --> 00:38:32,641
Not available to a soldier
777
00:38:32,811 --> 00:38:36,372
who received a less-than-honorable
discharge from the service?
778
00:38:37,081 --> 00:38:38,913
That may have had something
to do with it, yes.
779
00:38:38,983 --> 00:38:42,886
You testified Mr. Cole's
care was quote,
780
00:38:43,488 --> 00:38:47,288
consistent with the level of
treatment in your facility.
781
00:38:48,092 --> 00:38:50,493
People's 30 to 35.
782
00:38:51,796 --> 00:38:53,730
Do you recognize
these photos?
783
00:39:01,206 --> 00:39:03,504
That's Ward Five
at the Linden VA.
784
00:39:03,842 --> 00:39:07,904
Ward Five was where
Mr. Cole was housed.
785
00:39:08,947 --> 00:39:12,042
Doctor, is it consistent
786
00:39:12,584 --> 00:39:15,849
with the level of care
in your facility
787
00:39:16,454 --> 00:39:20,823
to place wounded veterans
in rooms rife with mold,
788
00:39:21,159 --> 00:39:22,558
infested with rodents...
789
00:39:22,627 --> 00:39:23,958
It's not a fair question!
790
00:39:24,028 --> 00:39:26,725
Or to provide housing
for our wounded
791
00:39:26,998 --> 00:39:30,525
that is putrid with the
stench of faulty plumbing.
792
00:39:30,602 --> 00:39:32,070
Look, you don't understand.
793
00:39:32,704 --> 00:39:34,399
We are overwhelmed!
794
00:39:34,873 --> 00:39:36,671
There's no money for...
795
00:39:36,908 --> 00:39:38,000
For what?
796
00:39:38,376 --> 00:39:39,571
Proper care?
797
00:39:39,644 --> 00:39:43,137
We have a $14 million shortfall
at our facility alone.
798
00:39:43,381 --> 00:39:45,941
Doctor, when we
send our soldiers...
799
00:39:47,018 --> 00:39:49,112
No, strike that.
When we send our children
800
00:39:50,722 --> 00:39:52,884
to fight in
a war of choice,
801
00:39:54,692 --> 00:39:57,286
don't we have the
moral obligation,
802
00:39:57,495 --> 00:39:59,259
the patriotic duty,
803
00:40:00,398 --> 00:40:02,924
to care for those
who come home alive
804
00:40:03,635 --> 00:40:04,932
whatever the cost?
805
00:40:05,470 --> 00:40:07,063
Of course we do.
806
00:40:09,073 --> 00:40:12,008
But we never expected
this number of wounded.
807
00:40:12,377 --> 00:40:14,038
This rate of survival.
808
00:40:14,379 --> 00:40:15,744
Never expected?
809
00:40:16,648 --> 00:40:19,481
Are you saying it would have
been more convenient for you,
810
00:40:19,817 --> 00:40:21,182
for the VA,
811
00:40:21,786 --> 00:40:24,255
if more of our
men and women,
812
00:40:25,790 --> 00:40:27,189
our children,
813
00:40:28,927 --> 00:40:30,918
if they had died in Iraq?
814
00:40:37,101 --> 00:40:38,762
Gotta go.
815
00:40:53,418 --> 00:40:56,479
25-to-life? I thought you'd
be more understanding.
816
00:40:56,854 --> 00:40:59,380
The VA's neglect doesn't
excuse your client.
817
00:41:00,291 --> 00:41:02,191
He knew what
he was capable of,
818
00:41:02,560 --> 00:41:04,619
knew how to stop it.
And he did nothing.
819
00:41:05,563 --> 00:41:08,225
That much will be
crystal clear to the jury.
820
00:41:08,833 --> 00:41:10,267
I'm sorry for your injury.
821
00:41:10,835 --> 00:41:12,997
I'm sorrier for the
two men you killed.
822
00:41:13,938 --> 00:41:15,599
Twenty years? (SCOFFS)
823
00:41:16,074 --> 00:41:17,564
Sure, why not?
824
00:41:17,909 --> 00:41:19,843
At least I'll get my meds.
825
00:41:25,416 --> 00:41:26,815
Send me the paperwork.
826
00:41:40,331 --> 00:41:41,992
I'm really proud
of you, Jack.
827
00:41:46,137 --> 00:41:48,469
I just got off the phone with
the US Attorney's office.
828
00:41:48,573 --> 00:41:50,803
They're seeking contempt
charges against you.
829
00:41:50,908 --> 00:41:52,034
Talking about jail time!
830
00:41:53,411 --> 00:41:55,778
I'm gonna go bake you a
cake with a hacksaw in it.
831
00:41:56,014 --> 00:41:57,345
Make it chocolate.
832
00:41:59,851 --> 00:42:01,819
This is no joke.
833
00:42:01,919 --> 00:42:03,717
The US Attorney was
stomping and hollering
834
00:42:03,788 --> 00:42:05,984
about how airing the
VA's dirty laundry
835
00:42:06,057 --> 00:42:07,889
was giving aid and
comfort to the enemy.
836
00:42:08,292 --> 00:42:09,623
And you agree with him?
837
00:42:11,696 --> 00:42:14,165
I would think improving
conditions at VA hospitals
838
00:42:14,232 --> 00:42:17,065
would give aid and comfort
to our own troops.
839
00:42:18,302 --> 00:42:19,360
Amen.
840
00:42:20,371 --> 00:42:22,772
Iwouldn't worry
too much about jail.
841
00:42:22,907 --> 00:42:27,037
You'll have the very best legal
representation at the contempt hearing.
842
00:42:27,211 --> 00:42:28,201
You?
843
00:42:28,379 --> 00:42:30,370
And at a reasonable fee.
844
00:42:31,416 --> 00:42:32,679
But, Jack,
845
00:42:32,850 --> 00:42:34,614
don't do that again.
846
00:42:34,952 --> 00:42:36,545
Not on my watch.
847
00:42:36,595 --> 00:42:41,145
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