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1
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In the criminal justice system,
all defendants are innocent until proven guilty,
2
00:00:06,076 --> 00:00:10,320
either by confession, plea bargain,
or trial by jury.
3
00:00:10,534 --> 00:00:12,656
This is one of those trials.
4
00:00:16,589 --> 00:00:18,392
Ray Hernandez was my partner.
5
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My best friend.
6
00:00:21,590 --> 00:00:23,014
Our wives got along.
7
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Our kids.
8
00:00:25,379 --> 00:00:26,716
These are his three.
9
00:00:27,617 --> 00:00:30,524
Javier, Tina, Marcello.
10
00:00:33,005 --> 00:00:35,302
That's Elena. Ray's wife.
11
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I spoke with her.
12
00:00:39,382 --> 00:00:42,346
We had to tell her how Ray
was shot at point-blank range.
13
00:00:45,901 --> 00:00:49,127
The candles stay lit until justice is done.
14
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I'm gonna need a little privacy.
15
00:01:00,643 --> 00:01:01,893
How's my boy?
16
00:01:03,434 --> 00:01:05,149
Remember Steve McQueen?
17
00:01:05,818 --> 00:01:08,086
- That movie Papillon?
- Yeah.
18
00:01:08,580 --> 00:01:12,534
He said to all the other convicts,
"How do I look?"
19
00:01:15,720 --> 00:01:17,900
You don't have to do this, Bruno.
20
00:01:18,141 --> 00:01:22,008
I can fight, postpone the arraignment
until you're out of here.
21
00:01:22,134 --> 00:01:25,186
No. Let 'em see what they done to me.
22
00:01:25,448 --> 00:01:26,378
Okay?
23
00:01:31,417 --> 00:01:32,813
Ever check your voice mail?
24
00:01:32,842 --> 00:01:35,284
- My phone's not charged.
- Where's the judge?
25
00:01:35,487 --> 00:01:37,958
He's in the nurse's lounge,
putting on his robe.
26
00:01:42,290 --> 00:01:47,164
Detectives Hernandez and Burke knocked
at Mr. Johnson's door and I.D.d themselves.
27
00:01:47,261 --> 00:01:49,528
Mr. Johnson fired through the door.
28
00:01:49,557 --> 00:01:53,947
The detectives were knocked down.
Kevlar vests saved their lives.
29
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Then Mr. Johnson entered the hall,
30
00:01:56,345 --> 00:02:00,278
crossed to Detective Hernandez,
and fired into his throat, killing him.
31
00:02:00,365 --> 00:02:03,322
- Mr. LaSalle?
- What the state failed to mention...
32
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... is that Mr. Johnson only returned fire
after the police tried to kill him.
33
00:02:07,658 --> 00:02:09,869
My client was shot 41 times.
34
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Lay it out in court. Your plea?
35
00:02:14,865 --> 00:02:16,128
Not guilty.
36
00:02:16,674 --> 00:02:19,257
We feel Mr. Johnson
should be held without remand.
37
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Your honor, my client can't move,
let alone flee.
38
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- He has limited financial means...
- He's accused of killing a police officer, counselor.
39
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Remanded.
40
00:02:30,944 --> 00:02:31,862
Trace...
41
00:02:32,609 --> 00:02:33,585
Mike.
42
00:02:33,701 --> 00:02:35,452
Deja vu all over again.
43
00:02:35,538 --> 00:02:39,327
Last I heard, you and Chloe took a honeymoon
to the Loire Valley and bought a vineyard.
44
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That's true, and she started stomping grapes
with the old Count, and I was off the label.
45
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- I'm sorry.
- I'm sorrier about some other things.
46
00:02:48,459 --> 00:02:51,301
I take it from the arraignment
you plan on blaming the cops.
47
00:02:51,619 --> 00:02:53,743
Did you ever see a better piece of evidence?
48
00:03:09,177 --> 00:03:20,813
Law and Order Trial by Jury
Episode 1x02 - 41 Shots
49
00:03:22,318 --> 00:03:35,323
Transcript provided by Raceman
Synchronisation : Silverado
50
00:03:36,692 --> 00:03:49,424
Thanks to Csivore and Nick Eads
www.forom.com
51
00:03:53,430 --> 00:03:55,038
Hernandez was shot here.
52
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Johnson fled toward this exit pursued by
backup cops led by Detective Blakely.
53
00:03:59,658 --> 00:04:01,704
- Anyone see it who wasn't a cop?
- No.
54
00:04:01,917 --> 00:04:03,262
Ever hear of Amadou Diallo?
55
00:04:03,292 --> 00:04:06,011
There's no similarity, Audrey.
The cop is the victim.
56
00:04:06,040 --> 00:04:07,122
I deal with media.
57
00:04:07,181 --> 00:04:11,069
The hot story's an African-American shot
41 times, not a cop who was shot once.
58
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A cop with an excellent record
who left a wife and three kids.
59
00:04:14,026 --> 00:04:15,897
There you go, Audrey.
That's our hero.
60
00:04:15,956 --> 00:04:19,260
I'll try Jim Ryan. Maybe I can get
the family on Good Day New York.
61
00:04:19,350 --> 00:04:23,911
And see what dirt you can find on Johnson
before Mike LaSalle suits him up in shining armor.
62
00:04:24,499 --> 00:04:26,575
This man needs your help.
63
00:04:28,037 --> 00:04:29,587
What about when I needed him?
64
00:04:29,706 --> 00:04:32,308
- Shut up, bitch.
- You shut up!
65
00:04:32,396 --> 00:04:34,647
That's the mother of your child.
66
00:04:34,735 --> 00:04:36,986
Listen, Bruno is in a fight for his life.
67
00:04:37,282 --> 00:04:39,007
But he can win...
68
00:04:39,153 --> 00:04:40,674
... and you will all benefit.
69
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I don't even know him.
70
00:04:42,662 --> 00:04:43,832
Benefit us how?
71
00:04:44,390 --> 00:04:47,401
There'll be a lawsuit
against the police and the city.
72
00:04:47,869 --> 00:04:49,916
And it'll mean a great deal of money.
73
00:04:50,094 --> 00:04:51,527
Don't mean nothing to me.
74
00:04:51,586 --> 00:04:54,568
When Bruno wins, he wins for all of you.
75
00:04:54,687 --> 00:04:55,915
That mean something to you?
76
00:04:55,945 --> 00:04:58,576
You ain't gonna do nothing with the money
but spend it on crack and hoes.
77
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Would you shut up?
78
00:05:00,097 --> 00:05:02,757
The man's trying to save my son's life.
79
00:05:03,345 --> 00:05:04,778
Look, we'll draft an agreement.
80
00:05:04,924 --> 00:05:08,755
We'll designate a specific
amount of money for each of you...
81
00:05:09,312 --> 00:05:10,716
... if you support him.
82
00:05:10,833 --> 00:05:13,757
- How much money?
- Come on...millions!
83
00:05:13,819 --> 00:05:18,058
- I'm talking about for me!
- You know what? I'm tired.
84
00:05:18,587 --> 00:05:20,897
Yo, get them the hell up out of here, yo.
85
00:05:20,955 --> 00:05:23,382
Let's take a break, just for a minute.
86
00:05:37,894 --> 00:05:41,402
Okay, we get you back in the bosom
of your loving family.
87
00:05:41,899 --> 00:05:43,420
We have some photo ops.
88
00:05:44,036 --> 00:05:45,849
- What about you?
- Me?
89
00:05:45,995 --> 00:05:47,808
Yeah. What you get out of this?
90
00:05:47,925 --> 00:05:49,942
I get to save your life.
91
00:05:51,612 --> 00:05:54,010
I get a big percentage of any lawsuit.
92
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Now we talkin'.
93
00:05:55,911 --> 00:05:59,156
Hey, it gives me a keen interest
in seeing you acquitted.
94
00:06:00,037 --> 00:06:01,879
Sounds like we got a deal.
95
00:06:04,132 --> 00:06:05,799
I'm gonna go talk to them.
96
00:06:08,752 --> 00:06:10,945
We heard shots while we were on the stairs.
97
00:06:11,007 --> 00:06:14,603
At the landing, I saw Ray Hernandez
and Hagen Burke go down.
98
00:06:14,781 --> 00:06:16,448
Seeing that, what did you think?
99
00:06:17,471 --> 00:06:19,079
I thought they were dead.
100
00:06:19,576 --> 00:06:21,214
But then Hernandez moved.
101
00:06:21,597 --> 00:06:24,813
So you're certain that
Detective Hernandez was still alive?
102
00:06:24,872 --> 00:06:27,708
Yeah, he saw Johnson come out
of the apartment, and he, uh...
103
00:06:28,234 --> 00:06:30,193
He raised his hand like this.
104
00:06:31,573 --> 00:06:34,468
Johnson had a gun in each hand.
I yelled, "Freeze."
105
00:06:35,287 --> 00:06:39,292
But he shot Ray here,
above the Kevlar vest.
106
00:06:40,786 --> 00:06:44,031
- Then he turned fire at us.
- We fired at him.
107
00:06:44,119 --> 00:06:45,990
Then he ran to the fire stairs.
108
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- I got a question.
- Yes?
109
00:06:50,263 --> 00:06:53,187
When he yelled, "Freeze,"
didn't he shoot at Bruno Johnson?
110
00:06:54,037 --> 00:06:55,703
Did you hear the question, detective?
111
00:06:56,756 --> 00:06:59,329
No, no shots were fired
before Johnson fired at us.
112
00:06:59,537 --> 00:07:01,818
Then's when you shot him to pieces?
113
00:07:02,315 --> 00:07:04,303
He fired, and we returned fire.
114
00:07:04,832 --> 00:07:07,288
So did you keep shooting when he was down?
115
00:07:09,217 --> 00:07:13,808
Police policy states "Officer will continue
to fire till imminent threat to life is over."
116
00:07:17,647 --> 00:07:20,074
13 signatures.
We made it by one vote.
117
00:07:20,630 --> 00:07:21,916
Not a slam dunk.
118
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A taste of what's waiting for us.
119
00:07:24,577 --> 00:07:25,951
Those our marching orders?
120
00:07:25,980 --> 00:07:28,495
I read the file.
The cops' statements are pretty solid.
121
00:07:28,556 --> 00:07:30,281
Yeah, I want all the cops checked out.
122
00:07:30,310 --> 00:07:32,883
I checked the jackets.
These guys seem okay.
123
00:07:33,994 --> 00:07:36,713
These are guys from the two-nine.
That was my first home on the force.
124
00:07:36,775 --> 00:07:38,910
It's pretty much a by-the-book precinct.
125
00:07:38,968 --> 00:07:41,834
Well, any time you can prove me
paranoid, I'm a happy girl.
126
00:07:45,903 --> 00:07:47,395
Why another arraignment?
127
00:07:47,492 --> 00:07:51,985
This will be before the trial judge.
Johnson will be formally charged with capital murder.
128
00:07:52,102 --> 00:07:53,827
Why does it matter if I'm there?
129
00:07:54,005 --> 00:07:57,368
Well, we believe that there'll be
media and press outside the courthouse.
130
00:07:57,865 --> 00:08:02,338
People should know that Ray Hernandez
was a decent man with a wife and family.
131
00:08:02,634 --> 00:08:04,505
You know, a friend called me...
132
00:08:05,090 --> 00:08:08,014
... about an article about the shooting.
133
00:08:08,542 --> 00:08:11,876
And I--I try not to read those things.
134
00:08:12,168 --> 00:08:14,332
It talked about the man who killed Ray.
135
00:08:14,715 --> 00:08:16,937
How he was shot many times.
136
00:08:17,581 --> 00:08:19,569
It never mentioned Ray's name.
137
00:08:19,776 --> 00:08:22,641
- Tell that to the media.
- Will they even listen?
138
00:08:23,229 --> 00:08:26,738
I mean, someone from your office
tried to get me on a TV show.
139
00:08:27,177 --> 00:08:28,405
And they didn't want me.
140
00:08:30,715 --> 00:08:33,317
At the arraignment, we'll control things.
141
00:08:33,846 --> 00:08:36,740
A band of brothers.
What's that from, the Bible?
142
00:08:36,769 --> 00:08:38,933
Shakespeare. It's Henry V.
143
00:08:39,229 --> 00:08:40,954
What? Free Shakespeare in the Park.
144
00:08:40,982 --> 00:08:42,915
Anyways, that's how we are around here.
145
00:08:42,972 --> 00:08:45,346
- A band of brothers.
- Briscoe gets it.
146
00:08:45,401 --> 00:08:48,617
- He was on a job.
- So was Salazar. He was in the six-four.
147
00:08:48,708 --> 00:08:52,129
- Huh. And then you went over to the D.A.'s.
- I was retired on a medical.
148
00:08:52,363 --> 00:08:54,205
- Three-quartered?
- Yeah.
149
00:08:55,170 --> 00:08:56,603
So you were wounded in action?
150
00:08:57,278 --> 00:09:00,027
Did you guys know Bruno Johnson
before you went there with the warrant?
151
00:09:00,146 --> 00:09:02,602
Hey, you carry a badge,
you heard about Bruno Johnson.
152
00:09:02,631 --> 00:09:04,737
Armed robber, drug enforcer.
153
00:09:04,795 --> 00:09:07,046
That's his file, but did you
know him personally?
154
00:09:07,225 --> 00:09:07,985
No.
155
00:09:08,161 --> 00:09:10,646
For me and Hernandez,
he was just a name on a warrant.
156
00:09:10,822 --> 00:09:12,605
By the way, a warrant for armed assault.
157
00:09:12,634 --> 00:09:14,915
All right, but you went in
way ahead of your backup.
158
00:09:14,976 --> 00:09:17,257
Yeah, we had guys on the stairs, the exit areas.
159
00:09:17,315 --> 00:09:19,216
Who knew where this guy
was going when we knocked?
160
00:09:19,420 --> 00:09:20,882
Sure it wasn't a cowboy thing?
161
00:09:23,995 --> 00:09:26,539
You want me to justify this
with procedural policy.
162
00:09:26,744 --> 00:09:28,527
If that's your concern, I can do it.
163
00:09:28,586 --> 00:09:30,574
Yeah, it's always a concern.
164
00:09:30,574 --> 00:09:33,001
Why don't you come into the lockers
and look at Ray's shrine?
165
00:09:33,060 --> 00:09:34,375
That's our concern.
166
00:09:34,809 --> 00:09:36,242
We want Johnson convicted.
167
00:09:36,271 --> 00:09:40,394
Look, Hagen, we're obliged to ask
the same questions the defense is gonna ask.
168
00:09:40,425 --> 00:09:43,495
Yeah, sure. Everybody's got
their own way of doing things.
169
00:09:50,226 --> 00:09:52,770
We have video feed on our side.
How's your connection?
170
00:09:52,799 --> 00:09:54,670
Elena, you should sit here with the kids.
171
00:09:54,729 --> 00:09:56,629
Prosecutor's just arrived.
172
00:09:58,124 --> 00:09:59,732
That's a live camera on Johnson.
173
00:09:59,820 --> 00:10:01,457
Any particular way you want him shown?
174
00:10:01,457 --> 00:10:03,065
Oh, thanks. Yeah, this is Kibre.
175
00:10:03,299 --> 00:10:06,135
Yeah, can you just do just his face?
176
00:10:06,225 --> 00:10:07,336
Could I see...
177
00:10:07,658 --> 00:10:10,056
A head shot, yes. Oh, that's good.
178
00:10:10,205 --> 00:10:12,603
Thank you very much.
What the hell is this?
179
00:10:12,661 --> 00:10:14,386
A live feed from the hospital.
180
00:10:14,913 --> 00:10:15,731
You didn't fight it.
181
00:10:15,821 --> 00:10:17,839
Oh, well, that was weeks ago.
182
00:10:17,956 --> 00:10:21,698
And you never said a word about
the grieving widow and the weeping kids.
183
00:10:22,140 --> 00:10:24,684
In what universe do you think
that I'll let you do this?
184
00:10:24,743 --> 00:10:27,608
It validates your claim hat Mr. Johnson
hovers at the edge of death.
185
00:10:27,669 --> 00:10:29,072
Are you trying to steal the show?
186
00:10:29,101 --> 00:10:32,610
I never had any doubt that the media
would be here at your invitation.
187
00:10:32,698 --> 00:10:34,832
We're ready.
Both picture and sound are up.
188
00:10:34,920 --> 00:10:36,528
Great. Shut it down.
189
00:10:36,590 --> 00:10:38,871
Mike, there's precedent.
You didn't argue against this.
190
00:10:38,900 --> 00:10:40,274
So, I'm arguing it now.
191
00:10:40,335 --> 00:10:44,253
I want an immediate hearing on Mr. Johnson's
constitutional rights to appear.
192
00:10:44,399 --> 00:10:46,387
Bruno, we're traveling.
193
00:10:48,087 --> 00:10:51,625
Electronic appearance is provided for
under article 182.
194
00:10:51,683 --> 00:10:53,817
With the consent of the defendant, your honor.
195
00:10:53,907 --> 00:10:58,469
You didn't argue against a claim
of concern for his medical condition.
196
00:10:58,498 --> 00:11:00,896
Well, who could know
how quickly he would recover?
197
00:11:01,191 --> 00:11:05,226
Mr. Johnson wants and deserves
to participate in his own defense.
198
00:11:05,230 --> 00:11:08,176
Ms. Kibre, is there any current medical
opinion that contradicts this?
199
00:11:08,263 --> 00:11:12,036
Dr. Sachs, Mr. Johnson's physician,
continues to express concern.
200
00:11:12,159 --> 00:11:15,213
- Is Dr. Sachs here to testify?
- No, your honor.
201
00:11:15,285 --> 00:11:17,476
Your honor, let me put Mr. Johnson
on the phone with you.
202
00:11:17,512 --> 00:11:21,105
He'll tell you himself how good he's feeling
and that he wants to be here.
203
00:11:21,264 --> 00:11:23,743
No need.
We'll begin arraignment in two hours.
204
00:11:23,851 --> 00:11:26,509
State will provide transport for Mr. Johnson.
205
00:11:26,941 --> 00:11:28,306
Thank you, your honor.
206
00:11:39,798 --> 00:11:42,744
Folks, move in.
Mr. Johnson has something to say.
207
00:11:44,211 --> 00:11:46,115
I appreciate the support.
208
00:11:47,049 --> 00:11:48,773
The love of my family.
209
00:11:49,564 --> 00:11:53,696
And the love from everybody who knows
what was done to me was dead...
210
00:11:53,833 --> 00:11:55,162
... dead wrong.
211
00:11:56,492 --> 00:11:58,468
That's it. Thank you.
212
00:11:59,222 --> 00:12:01,127
Hang in, Elena.
People will want to hear from you.
213
00:12:01,234 --> 00:12:02,959
We're going to demonstrate...
214
00:12:03,298 --> 00:12:09,405
how wrong it was for the police to hunt
and shoot this man down.
215
00:12:09,744 --> 00:12:12,403
Elena. Elena.
216
00:12:12,546 --> 00:12:15,780
Let her go. He won this one.
217
00:12:15,830 --> 00:12:18,238
This is a federal civil suit...
218
00:12:18,391 --> 00:12:21,543
... against the police department and the city...
219
00:12:21,774 --> 00:12:24,217
... in the amount of $20 million,..
220
00:12:24,397 --> 00:12:26,768
... filed on behalf of Mr. Johnson.
221
00:12:26,876 --> 00:12:30,433
They destroyed this man's life,
and they will pay!
222
00:12:30,499 --> 00:12:32,367
Thank you very much.
223
00:12:38,727 --> 00:12:40,308
Your press.
224
00:12:40,825 --> 00:12:42,226
All good.
225
00:12:43,484 --> 00:12:45,603
Good enough to save my ass?
226
00:12:45,747 --> 00:12:50,382
Well, today's headlines wrap
tomorrow's fish. We can't slack off.
227
00:12:50,556 --> 00:12:52,999
Well, then, I'll just kill another cop.
228
00:12:52,999 --> 00:12:56,269
Whoa, don't ever say that, not even to me.
229
00:12:56,592 --> 00:12:58,317
You're an innocent man.
230
00:12:58,404 --> 00:13:01,673
Anytime I think about it like that
it just don't seem like much fun.
231
00:13:01,673 --> 00:13:02,679
You like sex?
232
00:13:02,715 --> 00:13:06,524
Yeah. In fact, why don't you spread the word,
tell 'em they didn't shoot it off.
233
00:13:06,861 --> 00:13:09,233
I want some party when
you get me up out of here.
234
00:13:09,304 --> 00:13:11,101
Now, that's the future.
235
00:13:11,352 --> 00:13:14,299
How about a nice,
conjugal visit with Amada?
236
00:13:16,327 --> 00:13:18,268
- You have to marry her.
- Marry?
237
00:13:18,339 --> 00:13:20,819
Why the hell I gotta marry her?
Can't I just lie?
238
00:13:20,890 --> 00:13:23,298
No, because lying won't
get your picture in the Ledger.
239
00:13:23,441 --> 00:13:25,381
But marrying the mother of your child...
240
00:13:25,446 --> 00:13:28,716
That bitch is just gonna
take the money from the lawsuit.
241
00:13:28,788 --> 00:13:32,057
- No!
- I will write you an iron-clad prenup.
242
00:13:33,412 --> 00:13:35,963
Look, loving husband, good father.
243
00:13:36,143 --> 00:13:38,155
It rounds out your image.
244
00:13:39,072 --> 00:13:41,192
Seems like one image is all we got, huh?
245
00:13:41,300 --> 00:13:43,743
No, we got lots of stuff to explore.
246
00:13:43,851 --> 00:13:48,773
Let's review all the good deeds you've done
in the course of your long criminal career.
247
00:13:53,100 --> 00:13:55,004
Next, he'll be Father of the Year.
248
00:13:55,162 --> 00:13:57,174
Isn't this guy a career criminal?
249
00:13:57,246 --> 00:13:59,761
A lot of arrests, not many indictments.
250
00:13:59,992 --> 00:14:01,429
And few convictions.
251
00:14:01,537 --> 00:14:03,800
There's not much we can
actually use in the Sandoval.
252
00:14:03,836 --> 00:14:06,063
Whatever there is, make sure
Anderlee sees all of it.
253
00:14:06,135 --> 00:14:08,111
- Well, most of it won't be allowed.
- Most of it.
254
00:14:08,163 --> 00:14:09,384
Doesn't matter.
255
00:14:09,600 --> 00:14:12,726
The judge will see it and know
he's not a very nice guy.
256
00:14:13,049 --> 00:14:16,031
Cop killer. He's suing us.
257
00:14:16,564 --> 00:14:18,899
We want to win this one, ladies.
258
00:14:19,797 --> 00:14:23,462
Also, take a more jaundiced look
at this Detective Hernandez.
259
00:14:23,713 --> 00:14:25,115
You said he was our hero.
260
00:14:26,121 --> 00:14:29,210
If he's not our hero,
make damn sure we know it first.
261
00:14:32,926 --> 00:14:34,292
Listen to this.
262
00:14:34,321 --> 00:14:39,387
Woman complains that Hernandez
failed to return phone calls on 18 occasions.
263
00:14:39,423 --> 00:14:42,872
I could paper my apartment
with disciplinary complaints.
264
00:14:43,842 --> 00:14:46,429
So you guys just can't
decide whose side you're on?
265
00:14:46,768 --> 00:14:49,462
Disciplinary files?
Come on, give us a break.
266
00:14:49,534 --> 00:14:51,007
What is this, trash raid day?
267
00:14:51,079 --> 00:14:54,421
Look, guys, I know this sucks,
but we have to cover every possible angle.
268
00:14:54,487 --> 00:14:56,679
Stop selling yourself as a cop, Briscoe.
269
00:14:56,715 --> 00:14:58,296
You're an insult to Ray's memory.
270
00:14:58,511 --> 00:15:00,846
I'm what? What'd you say?!
271
00:15:01,745 --> 00:15:03,002
Walk it off.
272
00:15:04,669 --> 00:15:07,831
Yeah, get me out of here
before I end up in one of these files.
273
00:15:09,535 --> 00:15:11,942
You know the worst part?
I'm with them.
274
00:15:12,014 --> 00:15:14,098
I mean, we're looking at
this stuff that means nothing.
275
00:15:14,349 --> 00:15:16,900
Defense might find
hidden meanings in nothing.
276
00:15:17,613 --> 00:15:21,853
The priors are a litany of violent acts
that define a pattern of behavior.
277
00:15:21,925 --> 00:15:26,560
Even the attempted shooting of another police officer
before the murder of Detective Hernandez.
278
00:15:26,682 --> 00:15:30,634
My client was arrested for that and not indicted.
It's clearly inadmissible.
279
00:15:30,706 --> 00:15:34,586
Your client seems to have a number of
indictments that were recently dismissed.
280
00:15:34,673 --> 00:15:37,080
Suggesting that he was falsely accused.
281
00:15:37,152 --> 00:15:38,625
Or had amazing luck.
282
00:15:38,769 --> 00:15:42,505
In any case, those
are clearly not allowed.
283
00:15:43,825 --> 00:15:46,663
Uh, but, your honor, I assume that
you'll allow the fact that the officers...
284
00:15:46,663 --> 00:15:48,855
... were executing a warrant
when the shooting occurred.
285
00:15:48,891 --> 00:15:52,555
I'll allow that, but in very limited form.
No mention of armed assault.
286
00:15:53,149 --> 00:15:55,916
I thought we were calling
Anderlee a prosecutor's judge.
287
00:15:55,988 --> 00:15:56,670
She is.
288
00:15:56,706 --> 00:15:59,688
Oh, come on, Tracey. If we can't emphasize
that the warrant was for armed assault,
289
00:15:59,775 --> 00:16:02,542
how do we explain why the cops
needed armed backup?
290
00:16:02,614 --> 00:16:04,662
Cops slip it into the testimony.
291
00:16:05,057 --> 00:16:07,572
Yeah, and the defense will object,
and she'll sustain.
292
00:16:07,638 --> 00:16:09,327
And the jury will hear it.
293
00:16:09,399 --> 00:16:12,309
She favors us.
She's just hamstrung by the law.
294
00:16:12,633 --> 00:16:15,794
- Favors us how?
- I cheated a little today.
295
00:16:16,491 --> 00:16:18,467
Are you confessing an impropriety?
296
00:16:18,719 --> 00:16:22,132
A man had a lot of dismissals.
Might mean something, might not.
297
00:16:22,132 --> 00:16:24,252
But I want to see him go down.
298
00:16:24,303 --> 00:16:26,638
He's a cop killer, a career criminal.
299
00:16:26,818 --> 00:16:29,764
- Lillian read through his file.
- Very nasty stuff.
300
00:16:29,872 --> 00:16:32,782
And I had to disallow.
He's got Mike LaSalle.
301
00:16:33,891 --> 00:16:37,196
When I first took the bench...
I think it was my third trial...
302
00:16:37,484 --> 00:16:40,178
Mike LaSalle put the moves on me in chambers.
303
00:16:41,436 --> 00:16:43,232
LaSalle actually touched you?
304
00:16:43,570 --> 00:16:46,552
As a prosecutor, I would
have gone for harassment,
305
00:16:46,767 --> 00:16:49,821
but I didn't think that was the way
to start out my judicial career.
306
00:16:49,995 --> 00:16:53,409
So I threatened him with contempt.
Went home and took a long, hot shower.
307
00:16:53,588 --> 00:16:56,103
Someday you'll have
to face him and be fair.
308
00:16:57,217 --> 00:16:59,085
Burden of the bench.
309
00:17:01,328 --> 00:17:03,556
There's something suspicious
with your cop killer.
310
00:17:03,628 --> 00:17:06,574
Johnson had three charges
dismissed on the same day.
311
00:17:06,646 --> 00:17:09,376
Um, two possessions with intent
and a gun violation.
312
00:17:09,462 --> 00:17:12,660
Well, believe it or not, Kapoor,
those are pretty minor charges.
313
00:17:12,783 --> 00:17:15,262
Probably someone in our office
just didn't want to deal with it.
314
00:17:15,298 --> 00:17:17,418
How about an armed assault?
That's not minor.
315
00:17:17,490 --> 00:17:19,933
Johnson shot and wounded
a man named Tancred Harlan.
316
00:17:19,969 --> 00:17:21,550
It was dismissed the first day of trial.
317
00:17:21,565 --> 00:17:23,361
No one can be that lucky.
318
00:17:23,469 --> 00:17:26,272
Have Briscoe and Salazar find Tancred Harlan.
319
00:17:27,221 --> 00:17:28,514
I read the paper.
320
00:17:28,838 --> 00:17:31,281
And I'm glad the cop
shot him full of holes.
321
00:17:31,532 --> 00:17:33,329
The man shot me twice.
322
00:17:33,631 --> 00:17:36,541
I'm laying there, and the man
come and shoot me again.
323
00:17:36,649 --> 00:17:38,193
You even had eyewitnesses.
324
00:17:38,281 --> 00:17:40,760
A bullet they took out of me
matched Johnson's gun.
325
00:17:40,832 --> 00:17:41,945
So what happened?
326
00:17:42,233 --> 00:17:44,676
- Why was it dismissed?
- I don't know.
327
00:17:44,763 --> 00:17:47,745
- I didn't hear about it for two days.
- You weren't in court?
328
00:17:47,781 --> 00:17:50,116
- They told me not to go.
- Who told you?
329
00:17:50,224 --> 00:17:52,595
- A cop told me.
- Who was this cop?
330
00:17:52,769 --> 00:17:55,176
Federal cop, like FBI or something.
331
00:17:55,823 --> 00:17:58,374
Showed me his badge, said, "Stay away."
332
00:17:58,481 --> 00:17:59,487
I don't know his name.
333
00:18:00,278 --> 00:18:02,793
Listen... I gotta get to the clinic.
334
00:18:03,044 --> 00:18:05,236
- Get my methadone.
- Yeah, go ahead.
335
00:18:09,506 --> 00:18:12,057
I'm guessing Bruno Johnson was a snitch.
336
00:18:12,165 --> 00:18:15,578
He said FBI. Could have been DEA, ATF.
337
00:18:15,881 --> 00:18:18,288
Talking hundreds of agents.
How do we find who worked him?
338
00:18:18,396 --> 00:18:22,959
Feds have a typical push/pull with snitches.
They're never totally out of touch.
339
00:18:23,225 --> 00:18:28,326
I think the visitor's log at Rikers prison hospital
might be a shortcut to who this guy is.
340
00:18:32,103 --> 00:18:37,061
Agent Merriwether, you've made several visits
to Bruno Johnson in the prison hospital.
341
00:18:37,312 --> 00:18:39,109
I assume that was work-related.
342
00:18:39,187 --> 00:18:43,570
Well, Mr. Johnson provides information
relevant to ongoing federal cases.
343
00:18:43,642 --> 00:18:46,049
- His information's pretty good?
- Depends.
344
00:18:46,135 --> 00:18:48,363
Well, something bought him
a dismissal on armed assault.
345
00:18:48,686 --> 00:18:51,273
Well, we use resources, just like you do.
346
00:18:52,279 --> 00:18:54,650
What kind of cases was Johnson working on?
347
00:18:54,702 --> 00:18:56,929
Our work relates to national security.
348
00:18:57,791 --> 00:19:01,995
- Johnson informed on terrorism cases?
- I'm not saying what he did.
349
00:19:02,097 --> 00:19:06,050
But you expect us to buy that he was helping
keep us safe from Al Qaeda?
350
00:19:06,121 --> 00:19:08,313
Come on. You feds need new material.
351
00:19:08,708 --> 00:19:13,487
Hey, lady, everything has linkage. I break privilege,
and none of my informants are gonna trust me.
352
00:19:13,537 --> 00:19:17,777
I'm getting the feeling that the death of Detective
Ray Hernandez doesn't matter much to you.
353
00:19:18,367 --> 00:19:20,415
You wanna take a stand on that attitude?
354
00:19:20,451 --> 00:19:22,103
You wanna take a stand for justice?
355
00:19:22,837 --> 00:19:27,292
Oh, wait... Hey, hey, hey, hey!
Come on, look. We all wear a badge.
356
00:19:27,559 --> 00:19:30,577
One question: it doesn't go
anywhere near privilege.
357
00:19:31,547 --> 00:19:34,493
Have you been called as a
witness for Johnson's defense?
358
00:19:41,724 --> 00:19:43,556
That son of a bitch.
359
00:19:45,496 --> 00:19:46,969
Worst case scenario,
360
00:19:47,437 --> 00:19:49,952
Johnson was an informant
on a police corruption case.
361
00:19:49,987 --> 00:19:53,185
And if it was one involving those cops
who knocked on his door,
362
00:19:53,221 --> 00:19:55,305
suddenly his self-defense
argument gets stronger.
363
00:19:55,320 --> 00:19:56,578
But we checked on all those cops:
364
00:19:56,614 --> 00:19:59,524
Hernandez, Burke, Blakely,
everyone on backup.
365
00:19:59,560 --> 00:20:01,715
Forget checking files.
Get to those cops.
366
00:20:01,802 --> 00:20:04,963
If they want to see their buddy's killer convicted,
they're gonna have to work with us.
367
00:20:05,215 --> 00:20:06,329
Come clean.
368
00:20:10,750 --> 00:20:11,956
Let me guess.
369
00:20:12,415 --> 00:20:16,836
You found out when Ray was 10 he jumped
a turnstile for a free ride on the "R" train.
370
00:20:16,894 --> 00:20:20,597
Hey, guys, why don't we call a truce and
see if we can do each other some good, huh?
371
00:20:20,799 --> 00:20:24,359
A federal agent named Merriwether
has been called in as a defense witness.
372
00:20:24,848 --> 00:20:28,006
That look tells me that you guys knew
that Johnson was a snitch.
373
00:20:28,063 --> 00:20:29,413
We knew, but we didn't know.
374
00:20:29,671 --> 00:20:32,915
Oh, you're smart.
Jury's gonna love an answer like that.
375
00:20:33,634 --> 00:20:35,557
You guys want your buddy's killer to walk?
376
00:20:35,817 --> 00:20:38,544
Hey, we knew about the snitching
from the street. That's all.
377
00:20:38,630 --> 00:20:41,013
We thought it would make Johnson look good,
so we figured nobody should know.
378
00:20:41,070 --> 00:20:42,850
From now on, don't figure.
379
00:20:43,080 --> 00:20:45,606
All right, now the big question.
380
00:20:46,382 --> 00:20:49,110
Did Johnson have dirt
on anybody in the precinct?
381
00:20:49,168 --> 00:20:52,728
There's always some guy in every precinct
that the IAB or the feds are looking at.
382
00:20:52,785 --> 00:20:54,881
Hey, I've been there myself,
but that's not an answer.
383
00:20:55,484 --> 00:20:57,091
That why you went to Johnson's door?
384
00:20:57,839 --> 00:21:01,715
I swear on my son's life, the only thing
we went to do was serve a warrant.
385
00:21:02,835 --> 00:21:03,811
You buy it?
386
00:21:04,098 --> 00:21:08,175
Maybe I'm too close to my gold shield,
or too old a dog. I buy it.
387
00:21:08,578 --> 00:21:10,932
The cops had no agenda to kill Johnson?
388
00:21:11,363 --> 00:21:12,281
I'm with Briscoe.
389
00:21:14,492 --> 00:21:15,410
Thanks.
390
00:21:19,258 --> 00:21:20,493
We could ask for a delay.
391
00:21:20,982 --> 00:21:24,513
File motions to access
federal materials relating to Johnson.
392
00:21:24,743 --> 00:21:27,958
Ah, we'll be in assisted care
before the feds give us anything.
393
00:21:28,075 --> 00:21:29,682
We have to fight with what we have.
394
00:21:44,079 --> 00:21:45,256
All rise!
395
00:21:45,840 --> 00:21:47,218
The court is now in session.
396
00:21:47,276 --> 00:21:49,429
Give your attention, and you shall be heard.
397
00:21:49,572 --> 00:21:52,472
The honorable Judge
Amanda Anderlee presiding.
398
00:21:54,137 --> 00:21:55,429
You may be seated.
399
00:21:59,424 --> 00:22:05,281
This is Bruno Johnson at a fight club less than
two weeks before the murder of Detective Hernandez.
400
00:22:05,625 --> 00:22:06,917
He's a powerful man...
401
00:22:07,583 --> 00:22:11,660
who used to brag that the police
would never take him alive.
402
00:22:13,010 --> 00:22:14,130
He meant that.
403
00:22:14,848 --> 00:22:19,096
When detectives Burke
and Hernandez came to this door...
404
00:22:19,241 --> 00:22:22,428
... and identified themselves, without answering,
405
00:22:22,917 --> 00:22:26,276
Bruno Johnson fired from ambush.
406
00:22:27,080 --> 00:22:29,406
Both men were knocked down...
407
00:22:29,521 --> 00:22:34,085
...from the impact of the 45-caliber slugs
to their bulletproof vests.
408
00:22:34,459 --> 00:22:37,302
Bruno Johnson then stepped out from hiding.
409
00:22:37,876 --> 00:22:40,632
He crossed to Detective Raymond Hernandez.
410
00:22:41,006 --> 00:22:44,594
He took aim and shot him in the throat.
411
00:22:53,082 --> 00:22:54,173
Mr. LaSalle.
412
00:22:56,728 --> 00:22:58,795
Ladies and gentlemen of the jury,
413
00:23:01,055 --> 00:23:03,237
you just heard a story.
414
00:23:14,084 --> 00:23:17,586
Your honor, it is unfair that I should
have to compete with these theatrics.
415
00:23:17,643 --> 00:23:21,404
Court officers, please remove
all uniformed members of the police force.
416
00:23:21,607 --> 00:23:26,056
And there will be no uniformed presence
for the remainder of this proceeding.
417
00:23:26,603 --> 00:23:30,880
I think I'd like to withhold my opening remarks
until after the people have rested, your honor.
418
00:23:30,939 --> 00:23:32,862
That's a highly unusual request.
419
00:23:34,269 --> 00:23:38,719
In view of the disruption, you may
delay your statement, Mr. LaSalle.
420
00:23:38,777 --> 00:23:39,868
Thank you.
421
00:23:45,972 --> 00:23:48,441
A single bullet tore through the trachea,
422
00:23:48,670 --> 00:23:51,828
severed the right anterior
carotid artery, then exited,
423
00:23:52,029 --> 00:23:53,895
just missing the vertebral column.
424
00:23:53,981 --> 00:23:55,905
Death resulted from...
425
00:23:56,694 --> 00:24:00,857
The torn artery feeds large quantities of blood
into the damaged trachea.
426
00:24:01,144 --> 00:24:03,153
The victim aspirates and chokes.
427
00:24:03,585 --> 00:24:05,681
Effectively, he drowns in his own blood.
428
00:24:09,701 --> 00:24:10,993
No more questions.
429
00:24:12,687 --> 00:24:13,634
Dr. Roy.
430
00:24:15,759 --> 00:24:18,228
Were any bullet fragments
recovered from this wound?
431
00:24:18,286 --> 00:24:20,755
The bullet passed through.
Nothing was recovered.
432
00:24:21,703 --> 00:24:25,033
So you can't say from what gun
this bullet was fired.
433
00:24:25,320 --> 00:24:26,440
No, we cannot.
434
00:24:27,561 --> 00:24:31,379
Could you say with certainty that this bullet
was fired from Mr. Johnson's weapon?
435
00:24:32,211 --> 00:24:32,900
I cannot.
436
00:24:33,187 --> 00:24:35,082
There was a lot of shooting going on.
437
00:24:37,098 --> 00:24:41,174
Could a police bullet have ricocheted
and struck Detective Hernandez?
438
00:24:41,231 --> 00:24:43,643
Objection. Calls for speculation.
439
00:24:43,784 --> 00:24:46,281
- I'm going to allow it.
- It's possible.
440
00:24:47,057 --> 00:24:49,640
But the wound appears to have been made
by an intact bullet,
441
00:24:49,985 --> 00:24:53,258
not a misshapen bullet,
as is usually the case in a ricochet.
442
00:24:53,316 --> 00:24:54,493
Thank you, Dr. Roy.
443
00:24:57,249 --> 00:24:59,804
Eleven shots were fired
from inside the apartment.
444
00:25:00,465 --> 00:25:02,647
I was hit on my vest and went down.
445
00:25:03,509 --> 00:25:07,730
I looked over and saw that Ray...
Detective Hernandez... was down too.
446
00:25:07,902 --> 00:25:10,371
- What happened then?
- Johnson came out.
447
00:25:10,887 --> 00:25:12,208
He looked at Ray and...
448
00:25:12,928 --> 00:25:14,105
... shot him.
449
00:25:14,392 --> 00:25:16,172
Then he ran for the fire exit.
450
00:25:19,559 --> 00:25:21,511
Thank you, Detective Burke.
451
00:25:23,664 --> 00:25:24,640
Detective...
452
00:25:26,506 --> 00:25:29,635
- How long have you served on the force?
- Eleven years.
453
00:25:29,926 --> 00:25:33,428
And for nine of those years,
were you actively investigating homicides?
454
00:25:33,744 --> 00:25:34,749
That's correct.
455
00:25:36,300 --> 00:25:38,252
Do you have any expertise...
456
00:25:38,367 --> 00:25:41,353
... in determining from
which direction shots are fired?
457
00:25:41,440 --> 00:25:43,880
I was assigned to ballistics for three years.
458
00:25:44,081 --> 00:25:47,899
Your honor, I request permission
to use Detective Burke as an expert witness.
459
00:25:47,958 --> 00:25:52,034
Objection... Detective Burke was called
as an eyewitness, not an expert.
460
00:25:52,179 --> 00:25:53,213
Overruled.
461
00:25:53,385 --> 00:25:55,681
Detective Burke claims
some expertise in ballistics.
462
00:25:55,739 --> 00:25:58,696
But confine your questions
to that arena, Mr. LaSalle.
463
00:25:58,983 --> 00:25:59,988
Thank you, your honor.
464
00:26:09,579 --> 00:26:15,780
Detective, were these shots fired by you
and Ray Hernandez at Mr. Johnson?
465
00:26:16,240 --> 00:26:17,359
Yes, they were.
466
00:26:18,107 --> 00:26:20,690
So as an experienced
homicide detective,
467
00:26:20,920 --> 00:26:24,422
can you tell me which shots
were fired first through the door...
468
00:26:24,883 --> 00:26:28,701
the shots fired by Mr. Johnson
or shots fired by you?
469
00:26:28,931 --> 00:26:31,916
I was there.
I sure as hell know who fired first.
470
00:26:32,434 --> 00:26:33,209
Johnson.
471
00:26:33,353 --> 00:26:37,343
Yes, but I'm asking you as
an experienced homicide investigator.
472
00:26:37,947 --> 00:26:41,450
Can you determine from the pattern
of shots on the door...
473
00:26:41,708 --> 00:26:44,406
- ... who fired first?
- No.
474
00:26:45,097 --> 00:26:46,503
But I know what I saw.
475
00:26:47,824 --> 00:26:49,173
Thank you, Detective.
476
00:26:51,528 --> 00:26:53,165
He tainted our best witness.
477
00:26:53,222 --> 00:26:55,748
I just say he diluted some of the effect.
478
00:26:55,835 --> 00:26:58,735
Okay, you wanna parse words? Diluted.
479
00:26:58,850 --> 00:27:02,984
But by delaying his opening statement, he gets to
address the jury mid-trial and put a spin on it.
480
00:27:03,043 --> 00:27:04,220
Ms. Kibre!
481
00:27:04,450 --> 00:27:06,287
We just got the defense witness list.
482
00:27:06,373 --> 00:27:07,235
Two names.
483
00:27:08,441 --> 00:27:11,312
Their own medical examiner would not say...
484
00:27:11,398 --> 00:27:15,733
... that the bullet that killed Ray Hernandez
came from Mr. Johnson's gun.
485
00:27:16,251 --> 00:27:21,390
Their eyewitness, Detective Burke,
could not corroborate his own testimony.
486
00:27:21,506 --> 00:27:26,960
Could not say that Mr. Johnson
fired at the police before they fired at him.
487
00:27:27,708 --> 00:27:29,488
So let's break some new ground.
488
00:27:30,464 --> 00:27:34,712
Let's find out why these detectives
went to that apartment...
489
00:27:35,230 --> 00:27:37,154
... to murder Bruno Johnson.
490
00:27:38,217 --> 00:27:41,432
When judges were informed
that Mr. Johnson helped us,
491
00:27:41,461 --> 00:27:44,820
they were willing to dismiss
certain cases against him.
492
00:27:44,878 --> 00:27:47,232
They valued his efforts.
And you did too.
493
00:27:47,376 --> 00:27:48,208
That's correct.
494
00:27:48,381 --> 00:27:50,735
Thank you, Agent Merriwether.
No more questions.
496
00:27:52,918 --> 00:27:54,985
That's it? That's a lot of nothing.
497
00:27:57,139 --> 00:28:00,440
Relax. You have no idea
where this is going.
498
00:28:00,584 --> 00:28:01,876
Agent Merriwether,
499
00:28:02,106 --> 00:28:06,814
how many convictions resulted
from information provided by Mr. Johnson?
500
00:28:06,929 --> 00:28:08,537
Uh, cases are in the works.
501
00:28:09,255 --> 00:28:10,460
That's not an answer.
502
00:28:10,835 --> 00:28:16,203
Has one single conviction resulted from
information given by Bruno Johnson?
503
00:28:16,289 --> 00:28:16,863
No.
504
00:28:16,922 --> 00:28:19,620
But he was paid off
with having cases dismissed.
505
00:28:19,850 --> 00:28:22,032
He shot a man and walked out of court.
506
00:28:22,751 --> 00:28:24,071
Why the special treatment?
507
00:28:24,215 --> 00:28:27,258
Your honor, a dismissal is a dismissal.
508
00:28:27,374 --> 00:28:31,709
Agent Merriwether can't testify
as to why an indictment was dismissed.
509
00:28:31,823 --> 00:28:33,374
- Sustained.
- Thank you.
510
00:28:33,862 --> 00:28:34,809
Withdrawn.
511
00:28:35,828 --> 00:28:37,321
No more questions.
512
00:28:37,738 --> 00:28:41,212
Will the court allow these documents
offered as identification?
513
00:28:41,270 --> 00:28:43,481
It will be marked
as Defendant Exhibit "F."
514
00:28:43,552 --> 00:28:44,786
Redirect, your honor.
515
00:28:45,045 --> 00:28:46,624
Agent Merriwether,
516
00:28:47,903 --> 00:28:50,946
what can you tell us
about this document?
517
00:28:51,034 --> 00:28:58,728
This is a transcribed telephone conversation
between Bruno Johnson and Miles Plebo.
518
00:28:58,815 --> 00:29:00,968
And why was this conversation recorded?
519
00:29:01,141 --> 00:29:06,308
As part of a federal investigation into drug
dealing and possible police corruption.
520
00:29:06,681 --> 00:29:08,145
Police corruption?
521
00:29:08,835 --> 00:29:11,161
I ask that this be offered
into evidence, your honor.
522
00:29:11,161 --> 00:29:12,797
- Objection.
- Overruled.
523
00:29:12,827 --> 00:29:15,382
Would you turn to page five, Agent Merriwether?
524
00:29:15,755 --> 00:29:18,999
I ask you to read line 18
of the recorded conversation.
525
00:29:19,402 --> 00:29:22,474
"Johnson: Who they got over there?
526
00:29:22,818 --> 00:29:25,029
"What will help with the dealers on the street?
527
00:29:25,662 --> 00:29:28,044
"Plebo: They own cops.
528
00:29:28,245 --> 00:29:31,260
"A guy named Hernandez be settin' it up."
529
00:29:31,576 --> 00:29:36,026
"They own cops.
A guy named Hernandez be settin' it up."
530
00:29:39,932 --> 00:29:41,625
Thank you, Agent Merriwether.
531
00:29:44,726 --> 00:29:45,644
Ms. Kibre.
532
00:29:46,823 --> 00:29:49,808
Your honor, we'd like a recess
to review this document.
533
00:29:49,924 --> 00:29:54,489
I want to keep this moving.
Best I can do is an early lunch.
534
00:29:57,045 --> 00:29:59,772
Whatever they know
that I don't know can kill our case.
535
00:29:59,801 --> 00:30:01,179
Do you understand that?
536
00:30:01,237 --> 00:30:04,051
Your husband's friends,
they must have been in trouble.
537
00:30:04,940 --> 00:30:06,577
They weren't corrupt.
538
00:30:07,122 --> 00:30:09,275
I mean, I'd have known.
We shared things.
539
00:30:10,023 --> 00:30:12,377
Yeah, then why is his name in the transcript?
540
00:30:13,555 --> 00:30:17,057
- Court reconvenes in five minutes.
- All right, I'll go it alone.
541
00:30:18,121 --> 00:30:23,346
While I'm vamping on a smile and a shoeshine,
find me something... anything.
542
00:30:24,811 --> 00:30:29,060
I don't know if any investigation
of Hernandez was done.
543
00:30:29,060 --> 00:30:30,237
It wasn't my case.
544
00:30:30,237 --> 00:30:33,911
Can we assume that the mention of his name
didn't warrant an investigation?
545
00:30:33,998 --> 00:30:35,319
That isn't what I said.
546
00:30:35,405 --> 00:30:38,907
Since you don't know
if an investigation was done,
547
00:30:38,937 --> 00:30:41,808
how about why an investigation wasn't done?
548
00:30:42,181 --> 00:30:44,593
Your honor, objection. Conjecture.
549
00:30:44,681 --> 00:30:48,671
This is a fishing expedition.
The state has no rhyme or no reason...
550
00:30:48,700 --> 00:30:49,475
Withdrawn.
551
00:30:52,990 --> 00:30:57,727
In that transcript, is there any mention
of Hernandez's first name?
552
00:30:58,244 --> 00:30:59,048
No.
553
00:31:00,569 --> 00:31:04,129
There's nothing about
his first name or rank?
554
00:31:04,292 --> 00:31:06,330
No, nothing, uh... no.
555
00:31:06,416 --> 00:31:11,383
Is there any mention of the precinct
where this man Hernandez worked?
556
00:31:11,470 --> 00:31:14,455
Uh, I believe not. Uh, no.
557
00:31:14,944 --> 00:31:19,050
Are you aware that 126 police officers...
558
00:31:19,078 --> 00:31:23,557
with the surname Hernandez
currently serve within our five boroughs?
559
00:31:24,333 --> 00:31:25,395
I didn't know that.
560
00:31:26,085 --> 00:31:30,104
Can you swear that the man
referred to in this transcript...
561
00:31:30,162 --> 00:31:33,808
is, in fact, Detective Raymond Hernandez,
562
00:31:33,952 --> 00:31:38,460
our victim, who was murdered
by Bruno Johnson?
563
00:31:39,752 --> 00:31:42,910
No, uh... I... I can't do that.
564
00:31:52,784 --> 00:31:54,162
No more questions.
565
00:31:59,836 --> 00:32:02,534
Branch wants to see us.
He saw the Post.
566
00:32:03,556 --> 00:32:05,680
You mean he read, quote,
567
00:32:05,824 --> 00:32:10,015
"Federal Agent Frederick Merriwether
devoured on cross-examination,"
568
00:32:10,044 --> 00:32:10,704
end quote.
569
00:32:11,451 --> 00:32:14,035
I'll cop. I liked reading that.
570
00:32:14,380 --> 00:32:18,743
Well, to further gratify your ego,
Branch is about to give us attaboys...
571
00:32:18,830 --> 00:32:24,457
- ... over pastries from Maison Freres.
- Ooh! Sweeten us up for the "P" word.
572
00:32:24,602 --> 00:32:25,693
A plea.
573
00:32:25,836 --> 00:32:28,133
Put it on the table now
while you got him on the ropes.
574
00:32:28,219 --> 00:32:31,147
A lot of people feel justice
would be a needle in Johnson's arm.
575
00:32:31,292 --> 00:32:34,278
Yeah, why cut slack?
Their self-defense theory's been shredded.
576
00:32:34,337 --> 00:32:37,437
Well, you discredited
some hearsay about Hernandez,
577
00:32:37,495 --> 00:32:39,705
and that's good,
but what else is there out there?
578
00:32:39,935 --> 00:32:43,610
Their self-defense theory is still sitting
in a wheelchair in front that jury.
579
00:32:43,927 --> 00:32:45,879
If even one juror takes pity...
580
00:32:45,936 --> 00:32:50,903
We owe something to Hernandez' widow
and those cops. They have very strong feelings.
581
00:32:50,961 --> 00:32:53,430
Address those feelings
with guaranteed punishment.
582
00:32:53,516 --> 00:32:56,846
You can do that with a plea.
The verdict is never certain.
583
00:32:57,913 --> 00:32:59,952
Doesn't he have an awful way of being right?
584
00:33:00,928 --> 00:33:03,512
Okay, I'll put 20 to life on the table.
585
00:33:03,971 --> 00:33:05,894
You got to try this.
586
00:33:06,668 --> 00:33:08,648
It's pretty good, even if it is French.
587
00:33:09,079 --> 00:33:12,581
- Life without possibility?
- Don't let him talk you into this.
588
00:33:12,640 --> 00:33:14,621
I'm not talking him into anything.
589
00:33:14,764 --> 00:33:16,831
Taking a plea is his decision.
590
00:33:17,176 --> 00:33:18,984
He's a lawyer.
591
00:33:19,387 --> 00:33:22,344
He's gonna try to scare you into doing
whatever works for him.
592
00:33:22,832 --> 00:33:27,454
- You have to fight. This is your life.
- That's what you're concerned about?
593
00:33:27,685 --> 00:33:29,350
You're my husband.
594
00:33:31,159 --> 00:33:35,120
Look, don't worry, woman. What works for you
works for him, works for all of y'all.
595
00:33:35,208 --> 00:33:38,078
And that's the money.
Ain't that right, counselor?
596
00:33:38,768 --> 00:33:41,324
It's the money--that's why
there's all this concern for my life, right?
597
00:33:41,582 --> 00:33:43,505
The plea kills the lawsuit.
598
00:33:43,592 --> 00:33:45,229
But you know what?
Y'all in luck.
599
00:33:45,372 --> 00:33:47,841
'Cause I'm in it for the money too.
600
00:33:48,329 --> 00:33:51,200
See, I'm nothing unless
I'm free with millions, you heard?
601
00:33:51,976 --> 00:33:53,785
You need one juror.
602
00:33:54,876 --> 00:33:57,661
To get that juror, you need something big.
603
00:33:57,804 --> 00:33:58,436
Big?
604
00:33:59,126 --> 00:34:00,647
I'm the biggest thing we got.
605
00:34:00,934 --> 00:34:02,714
Why don't you put me on the stand?
606
00:34:02,830 --> 00:34:07,108
Ethically, I'm supposed to talk you
out of putting yourself at risk.
607
00:34:09,175 --> 00:34:10,639
All or nothing?
608
00:34:12,161 --> 00:34:13,367
Are you up for that?
609
00:34:14,487 --> 00:34:15,922
Yeah, you like that, don't you?
610
00:34:16,180 --> 00:34:18,334
- Yeah.
- Me too.
611
00:34:19,913 --> 00:34:22,210
Well, let's make it one hell of a story.
612
00:34:23,905 --> 00:34:25,513
Shots came through the door.
613
00:34:26,202 --> 00:34:28,039
Fragments of metal hit my face.
614
00:34:28,242 --> 00:34:30,883
When the shooting stopped,
you returned fire?
615
00:34:30,912 --> 00:34:33,266
Oh, yeah. I shot through the door.
616
00:34:34,358 --> 00:34:37,602
Then I found the handle and pulled it open.
617
00:34:37,774 --> 00:34:40,128
Why didn't you stay in the apartment, hide?
618
00:34:40,273 --> 00:34:42,311
No, I knew they'd trap me like an animal.
619
00:34:42,455 --> 00:34:43,632
Kill me.
620
00:34:44,206 --> 00:34:45,526
So I ran out.
621
00:34:46,646 --> 00:34:48,598
Two police were lying there in the hall.
622
00:34:49,288 --> 00:34:51,125
I ran for the fire exit.
623
00:34:51,642 --> 00:34:53,566
Bullets start slamming me from behind.
624
00:34:53,825 --> 00:34:56,150
You were shot 11 times in the back.
625
00:34:56,552 --> 00:34:58,332
- Is that what you felt?
- Yeah.
626
00:34:59,051 --> 00:35:01,606
My leg, it was like rubber.
627
00:35:02,266 --> 00:35:04,936
I fell, laid there,
628
00:35:05,052 --> 00:35:06,574
bullets knocking into me.
629
00:35:06,717 --> 00:35:08,899
I thought, "Oh, my God, I'm dying."
630
00:35:10,822 --> 00:35:12,229
Then it got quiet.
631
00:35:13,693 --> 00:35:14,411
Quiet.
632
00:35:15,359 --> 00:35:16,766
And I was still alive.
633
00:35:17,742 --> 00:35:19,378
The police stopped shooting?
634
00:35:19,753 --> 00:35:22,423
Yeah. Then I prayed.
635
00:35:23,773 --> 00:35:26,759
"Lord God, I been bad.
636
00:35:26,960 --> 00:35:30,835
"I done bad things.
"I beg you, now that I'm dying,
637
00:35:31,439 --> 00:35:34,195
" please let me see
that glory beyond the mountain."
638
00:35:35,630 --> 00:35:37,898
That was 11 seconds of prayer.
639
00:35:38,387 --> 00:35:41,287
So for 11 seconds, the shooting stopped.
640
00:35:41,920 --> 00:35:43,728
Did the cops think they'd killed you?
641
00:35:43,786 --> 00:35:46,369
Objection. Calls for a conclusion.
642
00:35:46,427 --> 00:35:47,087
Sustained.
643
00:35:47,145 --> 00:35:48,552
After you prayed, what happened?
644
00:35:48,696 --> 00:35:49,643
I saw shadows.
645
00:35:50,562 --> 00:35:52,227
I heard voices.
646
00:35:52,944 --> 00:35:54,523
Police looking down on me.
647
00:35:54,724 --> 00:35:56,275
Seeing I was alive.
648
00:35:57,194 --> 00:35:59,032
Then the shooting started again.
649
00:36:00,324 --> 00:36:02,448
Bullets pounding the last breath I had.
650
00:36:03,884 --> 00:36:05,521
They shot till I played dead.
651
00:36:06,698 --> 00:36:08,076
Or I was dead.
652
00:36:11,177 --> 00:36:13,273
Then a light from the TV crew...
653
00:36:14,308 --> 00:36:17,580
I thought, "This is the wondrous
glow of the almighty God."
654
00:36:21,142 --> 00:36:22,721
No further questions.
655
00:36:24,357 --> 00:36:25,707
Ms. Kibre.
656
00:36:25,951 --> 00:36:29,654
That's compelling testimony,
Mr. Johnson, but let's go back a bit...
657
00:36:29,669 --> 00:36:31,622
... before any shots were fired.
658
00:36:31,938 --> 00:36:33,316
You're in your apartment.
659
00:36:33,690 --> 00:36:35,986
What made you aware
that someone was at the door?
660
00:36:36,187 --> 00:36:37,077
I heard a knock.
661
00:36:37,394 --> 00:36:40,810
You didn't hear any voices?
The police identified themselves.
662
00:36:40,896 --> 00:36:41,643
No.
663
00:36:41,844 --> 00:36:45,260
Is it your custom to answer
your door with gun in hand?
664
00:36:45,548 --> 00:36:47,414
I knew the police were out to kill me.
665
00:36:47,701 --> 00:36:48,792
So I was armed.
666
00:36:48,936 --> 00:36:52,208
- Intent on killing?
- Intent on defending myself.
667
00:36:52,324 --> 00:36:56,200
Do you deny that you deliberately killed
Detective Raymond Hernandez?
668
00:36:56,544 --> 00:36:58,095
I shot through that door.
669
00:36:58,153 --> 00:37:00,134
I don't know where those bullets went.
670
00:37:00,507 --> 00:37:03,120
Look, I feel sorrow for what happened.
671
00:37:04,470 --> 00:37:07,369
That man's family is left
with the burden of his death.
672
00:37:07,829 --> 00:37:10,441
Like I'm left with the burden of my life.
Look at me.
673
00:37:17,642 --> 00:37:19,077
No more questions.
674
00:37:24,797 --> 00:37:27,037
Praying for God's forgiveness.
675
00:37:27,037 --> 00:37:29,104
Why do stone killers always go there?
676
00:37:29,247 --> 00:37:32,032
Establishing the 11-second
pause with a prayer.
677
00:37:32,405 --> 00:37:33,726
It's very smart.
678
00:37:34,303 --> 00:37:36,915
You know, that's the place to impeach him.
679
00:37:37,059 --> 00:37:38,035
But how?
680
00:37:38,409 --> 00:37:41,337
We can go back over witness statements
from the police canvass.
681
00:37:41,337 --> 00:37:42,687
Forget it, we did that.
682
00:37:42,773 --> 00:37:47,194
Neighbors claim they heard machine guns,
grenades, thousands of rounds.
683
00:37:47,396 --> 00:37:49,348
You know, Johnson
talked about the TV lights.
684
00:37:49,463 --> 00:37:51,530
"The wondrous glow of almighty God."
685
00:37:51,788 --> 00:37:53,626
Okay, here's a question.
686
00:37:54,287 --> 00:37:56,383
When did cameras first arrive on the scene?
687
00:38:05,025 --> 00:38:05,829
Get down!
688
00:38:09,334 --> 00:38:14,272
We were picking up stuff of the crowd,
and then we heard that 15 shots.
689
00:38:14,301 --> 00:38:16,856
Do those shots correspond
to these holes in this door?
690
00:38:16,914 --> 00:38:19,699
Objection, your honor.
Witness was not on the scene.
691
00:38:19,728 --> 00:38:21,335
He can't testify to that.
692
00:38:21,479 --> 00:38:23,230
- Sustained.
- Withdrawn.
693
00:38:24,178 --> 00:38:26,676
So after that pause,
694
00:38:27,135 --> 00:38:28,370
you hear this.
695
00:38:30,236 --> 00:38:31,815
Yep, one shot.
696
00:38:32,017 --> 00:38:35,318
A single shot was fired
into the throat of Detective Hernandez.
697
00:38:35,404 --> 00:38:36,409
Objection.
698
00:38:36,668 --> 00:38:39,798
Witness has no way of knowing
where that shot was fired.
699
00:38:39,884 --> 00:38:42,324
Ms. Kibre hasn't asked
a question yet, Mr. LaSalle.
700
00:38:42,526 --> 00:38:46,344
Yes, but the way she was framing
the question was leading the witness.
701
00:38:46,430 --> 00:38:48,555
Then object when she asks the question.
702
00:38:48,698 --> 00:38:49,559
Withdrawn.
703
00:38:49,876 --> 00:38:53,321
Four seconds after that single shot,
you hear this.
704
00:39:10,024 --> 00:39:12,780
How many shots can be heard
on your tape, Mr. Vilis?
705
00:39:13,018 --> 00:39:15,257
I counted 86.
706
00:39:15,603 --> 00:39:19,364
Is there an 11-second pause
anywhere in that barrage of gunfire?
707
00:39:19,507 --> 00:39:21,172
Not that I hear.
708
00:39:21,776 --> 00:39:24,303
- Is there any pause at all?
- No.
709
00:39:25,509 --> 00:39:28,122
So after that, were any other gunshots heard?
710
00:39:28,208 --> 00:39:31,280
No, the paramedics are going in.
It's over.
711
00:39:39,115 --> 00:39:41,498
I'll see you in hell.
712
00:39:42,187 --> 00:39:43,306
Thank you.
713
00:39:50,053 --> 00:39:51,000
Guilty.
714
00:39:53,211 --> 00:39:54,560
Guilty.
715
00:39:56,290 --> 00:39:57,409
Guilty.
716
00:39:59,878 --> 00:40:00,883
Guilty.
717
00:40:03,323 --> 00:40:05,017
Not guilty.
718
00:40:05,105 --> 00:40:08,722
Is there anything you'd like see
from the trial that would help?
719
00:40:08,867 --> 00:40:10,015
You saw him.
720
00:40:10,561 --> 00:40:12,886
- He's been punished enough.
- Come on.
721
00:40:12,943 --> 00:40:14,551
You wanna feel sorry for someone?
722
00:40:14,609 --> 00:40:16,905
There's a man outside
my building in a wheelchair.
723
00:40:17,165 --> 00:40:20,064
He's a war hero, not a cop killer.
724
00:40:20,123 --> 00:40:21,156
Settle down.
725
00:40:21,213 --> 00:40:23,855
This lady's feelings will be respected in here.
726
00:40:25,204 --> 00:40:26,639
You heard the prosecutor.
727
00:40:26,898 --> 00:40:30,572
The man you see now
is not the man that did the crime.
728
00:40:33,990 --> 00:40:35,224
This is the man.
729
00:40:35,885 --> 00:40:37,005
Remember?
730
00:40:48,347 --> 00:40:49,610
We heard they came back in.
731
00:40:49,667 --> 00:40:51,275
Yeah, they just came in.
732
00:40:53,946 --> 00:40:55,726
What's going on?
What are you doing out here?
733
00:40:55,755 --> 00:40:58,023
Why don't you guys go on in.
We're not allowed till it's over.
734
00:40:58,095 --> 00:41:00,363
No, I'll stay here with you guys.
735
00:41:00,736 --> 00:41:01,913
Yeah, me too.
736
00:41:09,351 --> 00:41:12,480
- The judge has the verdict.
- I'm dying over here.
737
00:41:26,911 --> 00:41:28,060
The foreman is speaking.
738
00:41:34,919 --> 00:41:36,268
They got him!
739
00:41:44,567 --> 00:41:46,289
We fought the good fight, Bruno.
740
00:41:46,347 --> 00:41:48,127
All you wants was money!
741
00:41:48,672 --> 00:41:50,538
Hey, it hurts.
742
00:41:52,549 --> 00:41:53,611
Where you going?
743
00:41:54,156 --> 00:41:55,219
Damn lawyers.
744
00:41:57,546 --> 00:41:59,613
Once again, I concede defeat.
745
00:42:00,158 --> 00:42:02,340
Last case we had was a hung jury.
746
00:42:02,944 --> 00:42:04,982
That wasn't what I was talking about.
747
00:42:30,020 --> 00:42:31,025
Thank you.60803
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