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These are the user uploaded subtitles that are being translated: 1 00:00:10,636 --> 00:00:11,916 - In the criminal justice system, 2 00:00:12,430 --> 00:00:13,723 the people are represented 3 00:00:13,765 --> 00:00:16,309 by two separate, yet equally important groups: 4 00:00:16,350 --> 00:00:18,061 the police, who investigate crime, 5 00:00:18,102 --> 00:00:21,064 and the district attorneys, who prosecute the offenders. 6 00:00:21,105 --> 00:00:22,774 These are their stories. 7 00:00:53,971 --> 00:00:55,098 - Hey. 8 00:01:03,231 --> 00:01:05,900 - DOA was James Pell, 25. 9 00:01:05,942 --> 00:01:07,735 He was a law student at Hudson. 10 00:01:07,777 --> 00:01:09,153 - Time of death? 11 00:01:09,195 --> 00:01:11,531 - Based on body temp, I'd give it a two-hour window 12 00:01:11,572 --> 00:01:13,074 between 5:00 and 7:00 a.m. 13 00:01:13,116 --> 00:01:14,575 - Cause of death? 14 00:01:14,617 --> 00:01:16,702 - Best guess is, he was struck with a blunt object. 15 00:01:16,744 --> 00:01:19,025 Techs haven't found the murder weapon, but take your pick. 16 00:01:21,040 --> 00:01:22,542 - Get a dive crew down here. 17 00:01:22,583 --> 00:01:24,419 Have them search around the docks. 18 00:01:24,460 --> 00:01:25,878 - Who's got his cell phone? 19 00:01:25,920 --> 00:01:27,922 - He didn't have one on him. 20 00:01:27,964 --> 00:01:30,633 - Well, this had to be connected to something. 21 00:01:30,675 --> 00:01:32,528 It could be that the killer tried to take his phone. 22 00:01:32,552 --> 00:01:35,763 - DOA puts up a fight, ends up a floater. 23 00:01:35,805 --> 00:01:36,973 Who found the guy? 24 00:01:37,014 --> 00:01:39,517 - Maintenance worker. Name's Larry Brand. 25 00:01:41,686 --> 00:01:43,730 - I showed up to do repairs on the dock at 7:30. 26 00:01:43,771 --> 00:01:45,082 Dead guy was floating right next to it. 27 00:01:45,106 --> 00:01:47,233 I called 911 right away. 28 00:01:47,275 --> 00:01:48,860 - You recognize him? - Nope. 29 00:01:48,901 --> 00:01:51,446 All these Hudson kids look the same to me. 30 00:01:51,487 --> 00:01:53,614 - Did you see anything unusual when you got here? 31 00:01:53,656 --> 00:01:54,657 - Yeah. 32 00:01:54,699 --> 00:01:55,699 A dead guy. 33 00:01:58,035 --> 00:01:59,620 Nothing else. 34 00:01:59,662 --> 00:02:02,790 - Yeah, well, if you remember anything else, give us a call. 35 00:02:05,585 --> 00:02:07,545 Had a lot going for him... 36 00:02:07,587 --> 00:02:10,840 Handsome, athletic, the best law school in the country. 37 00:02:10,882 --> 00:02:12,276 Who would want to kill a guy like that? 38 00:02:12,300 --> 00:02:13,885 - Today? Pretty much anybody. 39 00:03:02,683 --> 00:03:04,852 - Well, the boathouse cams were useless. 40 00:03:04,894 --> 00:03:06,354 Paint crew moved them during repairs. 41 00:03:06,396 --> 00:03:08,147 - Dive crew struck out too. 42 00:03:08,189 --> 00:03:10,149 Didn't come up with a phone or a murder weapon. 43 00:03:10,191 --> 00:03:12,360 - Did you reach the parents in Ohio? 44 00:03:12,402 --> 00:03:13,736 - Yeah, I just spoke with them. 45 00:03:13,778 --> 00:03:15,589 Told me how proud they were their son had made it 46 00:03:15,613 --> 00:03:16,823 all the way to Hudson. 47 00:03:16,864 --> 00:03:19,075 It was his ambition since high school. 48 00:03:19,117 --> 00:03:21,828 - Did they know if anything unusual had been going on? 49 00:03:21,869 --> 00:03:23,746 - They said they didn't speak with him much. 50 00:03:23,788 --> 00:03:26,332 Said he was super focused, dropped ties with everyone 51 00:03:26,374 --> 00:03:28,418 from his hometown once he started law school. 52 00:03:28,459 --> 00:03:29,711 - Tale as old as time. 53 00:03:29,752 --> 00:03:31,295 - Someone just turned on Pell's phone. 54 00:03:31,337 --> 00:03:32,588 I've got a location. 55 00:03:32,630 --> 00:03:33,923 - I'll get a warrant. 56 00:03:41,139 --> 00:03:43,599 - Hello, ma'am. We're investigating a homicide. 57 00:03:43,641 --> 00:03:45,077 We have a warrant to search this apartment 58 00:03:45,101 --> 00:03:46,394 for the victim's cell phone. 59 00:03:48,688 --> 00:03:51,774 - Do I look like I killed someone and took their phone? 60 00:03:51,816 --> 00:03:54,819 - No, ma'am. But we still need to come in. 61 00:03:54,861 --> 00:03:59,866 - Sebastian, you know anything about a missing cell phone? 62 00:04:11,335 --> 00:04:12,754 - Police! 63 00:04:17,467 --> 00:04:18,843 Clear. 64 00:04:21,012 --> 00:04:22,889 NYPD! 65 00:04:22,930 --> 00:04:24,515 - Police! 66 00:04:31,939 --> 00:04:33,357 Hey, Sebastian. 67 00:04:35,526 --> 00:04:36,778 I know you're in here. 68 00:04:38,571 --> 00:04:40,323 Let's do this the easy way, huh? 69 00:04:58,341 --> 00:05:00,676 - Stay down. Give me your hands. 70 00:05:00,718 --> 00:05:02,887 - I see you chose the easy way. 71 00:05:06,641 --> 00:05:08,976 - Like I keep saying, I didn't do anything wrong. 72 00:05:09,018 --> 00:05:10,311 - Then why'd you run? 73 00:05:10,353 --> 00:05:12,313 - I was scared. - Of what? 74 00:05:12,355 --> 00:05:13,689 - The police. 75 00:05:15,691 --> 00:05:17,443 - You're scared of the police? 76 00:05:19,320 --> 00:05:20,571 - You know what it's like. 77 00:05:24,951 --> 00:05:26,661 - And you don't think it had anything to do 78 00:05:26,702 --> 00:05:28,222 with all those stolen cell phones you had? 79 00:05:28,246 --> 00:05:30,164 - To be honest, we don't care about the phones. 80 00:05:30,206 --> 00:05:31,374 We care about murders. 81 00:05:31,416 --> 00:05:32,542 We're homicide detectives. 82 00:05:32,583 --> 00:05:34,127 - What are you talking about? 83 00:05:34,168 --> 00:05:37,046 - One of the phones we recovered from your backpack 84 00:05:37,088 --> 00:05:39,215 belongs to a guy we found floating in the river 85 00:05:39,257 --> 00:05:40,550 up by Hudson University. 86 00:05:40,591 --> 00:05:42,093 - I got nothing to do with that. 87 00:05:42,135 --> 00:05:44,375 - Where were you this morning - between 5:00 and 7:00 a.m.? 88 00:05:44,846 --> 00:05:47,056 - At home sleeping. You can ask my grandma. 89 00:05:47,098 --> 00:05:49,600 - You're gonna have to do a lot better than that, bro. 90 00:05:49,642 --> 00:05:51,227 - I had a girl with me... Denise. 91 00:05:51,269 --> 00:05:52,937 She lives on the sixth floor. 92 00:05:52,979 --> 00:05:55,690 - Okay, well, I'm gonna need Denise's full name, 93 00:05:55,732 --> 00:05:57,567 her phone number, and for your sake, 94 00:05:57,608 --> 00:06:00,069 she better have been there. 95 00:06:00,111 --> 00:06:01,446 Write. 96 00:06:03,239 --> 00:06:05,283 - Where'd you get all those stolen phones? 97 00:06:05,324 --> 00:06:07,577 You steal them? - No. 98 00:06:07,618 --> 00:06:09,912 I buy them off some dude over at Hudson. 99 00:06:09,954 --> 00:06:11,348 Works at the boathouse down the river. 100 00:06:16,169 --> 00:06:17,462 - This the guy? 101 00:06:19,172 --> 00:06:20,965 - Yeah. 102 00:06:21,007 --> 00:06:22,300 His name is Larry. 103 00:06:31,100 --> 00:06:32,780 - Looks like the kid was telling the truth. 104 00:06:33,311 --> 00:06:35,521 His girlfriend, Denise, backed his alibi. 105 00:06:35,563 --> 00:06:36,773 - What about Larry Brand? 106 00:06:36,814 --> 00:06:38,066 We check his alibi? 107 00:06:38,107 --> 00:06:41,069 - Yeah, he was on the BX19 bus, got off at 7:30. 108 00:06:41,110 --> 00:06:42,862 Video confirms that. - Okay. 109 00:06:42,904 --> 00:06:44,214 So he's not the killer, but he just 110 00:06:44,238 --> 00:06:46,991 steals stuff from dead guys. 111 00:06:47,033 --> 00:06:49,911 Hey, any luck on getting info off of Pell's phone? 112 00:06:49,952 --> 00:06:51,537 - He really cares about security. 113 00:06:51,579 --> 00:06:53,081 There are multiple firewalls. 114 00:06:53,122 --> 00:06:55,875 - Well, that's odd. I mean, for a law student. 115 00:06:55,917 --> 00:06:57,251 - Anything else? - Yeah. 116 00:06:57,293 --> 00:06:58,961 I just got access to the keycard records 117 00:06:59,003 --> 00:07:00,546 at the boathouse. 118 00:07:00,588 --> 00:07:03,007 Pell swiped in at 5:00, but he wasn't the first one there. 119 00:07:03,049 --> 00:07:04,258 This is Jordan Tyler. 120 00:07:04,300 --> 00:07:06,010 He swiped in 20 minutes before Pell. 121 00:07:06,052 --> 00:07:07,887 - Looks like a choirboy. 122 00:07:07,929 --> 00:07:09,889 - He is, literally. 123 00:07:12,600 --> 00:07:14,102 - I didn't see James this morning. 124 00:07:14,143 --> 00:07:15,937 I was on the water before he got there, 125 00:07:15,978 --> 00:07:17,480 and I left before he came back. 126 00:07:17,522 --> 00:07:19,107 - You seem pretty sure about that. 127 00:07:19,148 --> 00:07:20,775 - It's not a coincidence. 128 00:07:20,817 --> 00:07:22,568 He rode at the same time every morning, 129 00:07:22,610 --> 00:07:24,612 and I did my best to avoid him. 130 00:07:24,654 --> 00:07:25,822 - Why's that? 131 00:07:25,863 --> 00:07:29,283 - I don't like to speak ill of the dead, 132 00:07:29,325 --> 00:07:31,744 but James wasn't someone I wanted to associate with. 133 00:07:31,786 --> 00:07:32,954 - How come? 134 00:07:32,995 --> 00:07:34,914 - We used to train together, 135 00:07:34,956 --> 00:07:37,750 but there was something off about him. 136 00:07:37,792 --> 00:07:39,919 - Off? Off how? 137 00:07:39,961 --> 00:07:41,212 - The first sign was, 138 00:07:41,254 --> 00:07:43,297 he'd put all his rowing times on social media. 139 00:07:43,339 --> 00:07:46,050 And for some reason, he felt the need to lie 140 00:07:46,092 --> 00:07:48,136 and make them better than they were. 141 00:07:48,177 --> 00:07:51,931 One day he showed me some photos. 142 00:07:51,973 --> 00:07:54,976 They were intimate pictures of a woman 143 00:07:55,017 --> 00:07:56,310 who had broken up with him. 144 00:07:56,352 --> 00:07:58,438 He said he was going to post them online. 145 00:07:58,479 --> 00:07:59,981 - Revenge porn. 146 00:08:00,022 --> 00:08:01,649 - Do you know this woman's name? 147 00:08:01,691 --> 00:08:03,025 - April. 148 00:08:04,694 --> 00:08:07,905 I don't know her last name, but she works at the bar. 149 00:08:11,617 --> 00:08:13,327 - Excuse me. April Parks? 150 00:08:13,369 --> 00:08:15,204 We'd like to talk to you about James Pell. 151 00:08:15,246 --> 00:08:17,141 - I've got nothing to say. - Wait. Hold on a second. 152 00:08:17,165 --> 00:08:18,875 I just want to ask a few questions. 153 00:08:18,916 --> 00:08:20,877 - I told you, I've got nothing to say. 154 00:08:20,918 --> 00:08:23,880 - Which means you got a lot to say. 155 00:08:23,921 --> 00:08:25,715 - You're right. I do. 156 00:08:25,757 --> 00:08:27,800 I hate that son of a bitch. 157 00:08:27,842 --> 00:08:30,887 - Is that why you, uh, you broke into his apartment 158 00:08:30,928 --> 00:08:32,722 the other night? 159 00:08:32,764 --> 00:08:34,015 We read the police report. 160 00:08:34,057 --> 00:08:35,349 - There a problem here? 161 00:08:35,391 --> 00:08:36,225 - Yeah. 162 00:08:36,267 --> 00:08:38,227 You margaritas are too sweet. 163 00:08:39,604 --> 00:08:40,605 - You're right. 164 00:08:40,646 --> 00:08:42,398 I tried to break into his apartment. 165 00:08:42,440 --> 00:08:44,942 Like I told the cops who arrested me, 166 00:08:44,984 --> 00:08:47,904 he had naked photos of me on his laptop. 167 00:08:47,945 --> 00:08:50,615 I... I wanted to delete them. 168 00:08:50,656 --> 00:08:52,593 - Can you tell us what you were doing this morning? 169 00:08:52,617 --> 00:08:54,702 - Why? 170 00:08:54,744 --> 00:08:56,871 What's this all about? 171 00:08:56,913 --> 00:08:58,498 - James is dead. 172 00:08:58,539 --> 00:09:00,124 Someone killed him. 173 00:09:01,626 --> 00:09:03,266 - Where were you this morning around 6:00? 174 00:09:04,504 --> 00:09:06,839 - Sleeping. 175 00:09:06,881 --> 00:09:09,842 You can ask my roommates. - Yeah, we will. 176 00:09:09,884 --> 00:09:11,886 How long were you and James together? 177 00:09:11,928 --> 00:09:13,388 - Two months. 178 00:09:13,429 --> 00:09:15,240 - During that time, did you hear about anybody else 179 00:09:15,264 --> 00:09:17,475 who might hate James as much as you did? 180 00:09:19,769 --> 00:09:24,273 - April Park says that you got into a little scuffle 181 00:09:24,315 --> 00:09:27,402 with James Pell a month ago. 182 00:09:27,443 --> 00:09:29,404 - By which you mean I tried to shove his face 183 00:09:29,445 --> 00:09:31,781 through a plate glass window? 184 00:09:31,823 --> 00:09:34,826 Well, now that he's dead, can't press charges, right? 185 00:09:34,867 --> 00:09:36,077 - Wow, that's cold-blooded... 186 00:09:36,119 --> 00:09:37,662 Cracking jokes about a dead guy. 187 00:09:37,703 --> 00:09:39,038 - It's karma, man. 188 00:09:40,540 --> 00:09:43,126 - Why don't you have a seat and tell us why 189 00:09:43,167 --> 00:09:46,129 you tried to shove Pell's head through a window? 190 00:09:46,170 --> 00:09:47,880 - Because he was named editor-in-chief 191 00:09:47,922 --> 00:09:49,132 of the "Law Review." 192 00:09:49,173 --> 00:09:51,092 - And that made you angry? - Yeah. 193 00:09:51,134 --> 00:09:52,802 'Cause he didn't deserve it. 194 00:09:52,844 --> 00:09:55,096 - Says who? - Says me. 195 00:09:55,138 --> 00:09:56,431 He stole that vote. 196 00:09:56,472 --> 00:09:58,266 He manipulated the outgoing editors. 197 00:09:58,307 --> 00:09:59,559 Pell was an average student. 198 00:09:59,600 --> 00:10:02,103 I mean, he shouldn't even have been in the mix. 199 00:10:02,145 --> 00:10:06,107 But this professor... Ezra Nichols. 200 00:10:06,149 --> 00:10:07,567 He's like a legend around here. 201 00:10:09,277 --> 00:10:10,778 He went to bat for him. 202 00:10:10,820 --> 00:10:13,322 He convinced the editors they needed to pick Pell. 203 00:10:13,364 --> 00:10:15,491 - And why do you think Ezra Nichols 204 00:10:15,533 --> 00:10:18,035 would do something like that for someone like Pell? 205 00:10:18,077 --> 00:10:19,304 - Well, there's obviously something 206 00:10:19,328 --> 00:10:20,663 going on between them. 207 00:10:20,705 --> 00:10:22,141 - Do you think they were having an affair? 208 00:10:22,165 --> 00:10:24,625 - It seemed that way. 209 00:10:24,667 --> 00:10:27,545 - Do you have any proof other than this editor thing? 210 00:10:27,587 --> 00:10:30,506 - Yeah, I saw them walk into Nichols's office a few times. 211 00:10:30,548 --> 00:10:31,632 - So? 212 00:10:31,674 --> 00:10:33,426 - Nichols shut the door both times 213 00:10:33,468 --> 00:10:35,553 the second they walked inside. 214 00:10:35,595 --> 00:10:38,222 No professor does that these days. 215 00:10:42,226 --> 00:10:44,687 - So Pell is messing around with his professor. 216 00:10:44,729 --> 00:10:46,105 Things go south. 217 00:10:46,147 --> 00:10:47,666 He threatens to go public with the scandal, 218 00:10:47,690 --> 00:10:49,460 and the professor kills him to keep things quiet. 219 00:10:49,484 --> 00:10:52,779 - I mean, it's possible, but... - But what? 220 00:10:52,820 --> 00:10:55,281 - Ezra is married to a woman 221 00:10:55,323 --> 00:10:56,699 and has an impeccable reputation. 222 00:10:56,741 --> 00:10:58,135 - I got some bad news for you, James. 223 00:10:58,159 --> 00:11:00,203 Sometimes people lie, even law professors 224 00:11:00,244 --> 00:11:01,746 with wives and impeccable reputations. 225 00:11:01,788 --> 00:11:03,515 - Yeah, well, thanks for the life lesson, Frank. 226 00:11:03,539 --> 00:11:05,041 But this is not just some professor. 227 00:11:05,083 --> 00:11:07,168 This is Ezra Nichols. 228 00:11:07,210 --> 00:11:08,836 He's the reason I became a lawyer. 229 00:11:08,878 --> 00:11:11,589 He argued against the voter suppression laws in Arizona, 230 00:11:11,631 --> 00:11:13,466 got all the way to the Supreme Court. 231 00:11:13,508 --> 00:11:16,594 And before that, he's out there fighting for gay rights, 232 00:11:16,636 --> 00:11:19,347 minority rights, the disabled. - I get it. He's a saint. 233 00:11:19,389 --> 00:11:21,808 Doesn't mean he didn't kill James Pell. 234 00:11:24,560 --> 00:11:28,564 - James was truly talented and a good person. 235 00:11:28,606 --> 00:11:32,276 - We've talked to a few other people who feel differently. 236 00:11:32,318 --> 00:11:34,612 - I can't speak to that. 237 00:11:34,654 --> 00:11:37,824 - How well did you two know each other? 238 00:11:37,865 --> 00:11:40,535 - He was in two of my classes. 239 00:11:40,576 --> 00:11:42,286 And he worked as a research assistant 240 00:11:42,328 --> 00:11:44,038 on one of my most recent books, 241 00:11:44,080 --> 00:11:45,957 so we knew each other reasonably well. 242 00:11:45,998 --> 00:11:49,711 - How would you describe the nature of your relationship? 243 00:11:49,752 --> 00:11:51,754 - I'm not sure I know what you mean. 244 00:11:51,796 --> 00:11:53,047 - Were you two cordial? 245 00:11:53,089 --> 00:11:55,508 Were you pleasant with one another? 246 00:11:55,550 --> 00:11:57,093 - I suppose. 247 00:11:57,135 --> 00:12:00,012 - Anything else between you two you'd like to share with us? 248 00:12:00,054 --> 00:12:01,264 - Excuse me? 249 00:12:03,182 --> 00:12:04,976 - Were you two romantically involved? 250 00:12:05,017 --> 00:12:06,394 - No. 251 00:12:06,436 --> 00:12:08,730 Of course not. 252 00:12:08,771 --> 00:12:10,815 Why on Earth would you think that? 253 00:12:10,857 --> 00:12:14,694 - We just keep hearing how fond you were of James. 254 00:12:14,736 --> 00:12:16,576 Everybody we spoke to at the "Law Review" board 255 00:12:16,612 --> 00:12:18,197 said that you strongly advocated 256 00:12:18,239 --> 00:12:20,032 for him to be editor-in-chief? - I did. 257 00:12:20,074 --> 00:12:21,284 He was an exceptional student. 258 00:12:21,325 --> 00:12:23,911 - Who was ranked 83 out of 230? 259 00:12:25,747 --> 00:12:28,291 - Numbers don't tell the whole story. 260 00:12:28,332 --> 00:12:32,128 - I agree, but I still find this odd. 261 00:12:35,339 --> 00:12:37,800 Out of all the students you have here, 262 00:12:37,842 --> 00:12:42,138 out of all the gifted, diverse men and women at this school, 263 00:12:42,180 --> 00:12:44,432 you still pushed for a white kid 264 00:12:44,474 --> 00:12:47,643 in the bottom 2/3 of the class. 265 00:12:52,315 --> 00:12:53,691 Make it make sense. 266 00:12:57,653 --> 00:12:59,614 - I think we're done here, fellas. 267 00:12:59,655 --> 00:13:03,117 - Where were you yesterday morning between 5:00 a.m... 268 00:13:03,159 --> 00:13:04,702 - I told you we're done here. 269 00:13:04,744 --> 00:13:06,496 I'm no longer willing to answer questions 270 00:13:06,537 --> 00:13:08,873 without a lawyer present. 271 00:13:11,876 --> 00:13:13,878 I can assure you, Detective, I know my rights. 272 00:13:13,920 --> 00:13:17,215 So, please, direct your gaze elsewhere. 273 00:13:33,022 --> 00:13:34,982 - I found security footage of Nichols and Pell 274 00:13:35,024 --> 00:13:38,486 walking out of Nichols' office last week around 11:00 p.m. 275 00:13:38,528 --> 00:13:40,154 - So they were having an affair. 276 00:13:40,196 --> 00:13:41,739 - No. I don't think so. 277 00:13:41,781 --> 00:13:43,008 I've gone through Pell's laptop, 278 00:13:43,032 --> 00:13:44,826 looked at every communication between them, 279 00:13:44,867 --> 00:13:46,553 and there's nothing the least bit affectionate. 280 00:13:46,577 --> 00:13:47,912 - I hate to break it to you, Vi, 281 00:13:47,954 --> 00:13:49,997 but not all men are good at intimacy. 282 00:13:50,039 --> 00:13:51,290 - Really? 283 00:13:51,332 --> 00:13:52,667 Never noticed. 284 00:13:52,708 --> 00:13:54,585 But that's not what's going on here. 285 00:13:54,627 --> 00:13:57,255 This wasn't about two closed-off dudes hooking up. 286 00:13:57,296 --> 00:13:58,589 - What do you mean? 287 00:13:58,631 --> 00:14:00,275 - Pell's emails were increasingly aggressive 288 00:14:00,299 --> 00:14:01,759 and demanding. 289 00:14:01,801 --> 00:14:03,404 "I'd hate to see your reputation tarnished." 290 00:14:03,428 --> 00:14:05,012 "I'm done asking. 291 00:14:05,054 --> 00:14:06,115 It's time for you to deliver." 292 00:14:06,139 --> 00:14:07,932 - So Pell was threatening him. 293 00:14:07,974 --> 00:14:10,977 - Which means sex or no sex, he had leverage over him. 294 00:14:11,018 --> 00:14:14,021 - I think I know what it was too. 295 00:14:14,063 --> 00:14:16,357 Pell sent this clip to Nichols ten months ago 296 00:14:16,399 --> 00:14:18,192 when the threats started. 297 00:14:18,234 --> 00:14:19,253 It's from a dinner at the law school 298 00:14:19,277 --> 00:14:20,862 honoring Malcolm Sanders... 299 00:14:20,903 --> 00:14:22,321 The first gay person to be nominated 300 00:14:22,363 --> 00:14:25,700 to the Supreme Court. 301 00:14:25,742 --> 00:14:27,422 - I guess even I'm not diverse enough to be 302 00:14:27,452 --> 00:14:29,370 on the Supreme Court these days. 303 00:14:31,831 --> 00:14:34,250 Not enough to be Black, gotta be a f... 304 00:14:35,877 --> 00:14:37,462 - Need I say more? 305 00:14:47,013 --> 00:14:48,013 - Too. - Shh. 306 00:14:49,474 --> 00:14:51,893 - Turn it off now. 307 00:14:51,934 --> 00:14:53,311 - But I only played 12 seconds. 308 00:14:53,352 --> 00:14:54,395 - I know what I said. 309 00:14:54,437 --> 00:14:56,439 - And we know who heard it... 310 00:14:56,481 --> 00:14:59,108 James Pell. 311 00:14:59,150 --> 00:15:00,818 He was working there that night. 312 00:15:00,860 --> 00:15:02,612 He was coordinating the event. 313 00:15:02,653 --> 00:15:05,281 - Which explains how he caught your comment on video. 314 00:15:05,323 --> 00:15:07,658 And then he wanted you to know about it, didn't he? 315 00:15:07,700 --> 00:15:10,369 Which is why he sent you the clip ten months ago. 316 00:15:10,411 --> 00:15:13,372 - That's when you started helping him out, right? 317 00:15:14,999 --> 00:15:18,044 Look, Professor, we know plenty of good men 318 00:15:18,086 --> 00:15:20,129 have lost their reputations, their careers, 319 00:15:20,171 --> 00:15:23,716 for saying stupid things... Things they didn't mean, 320 00:15:23,758 --> 00:15:25,551 things they used to say on the playground 321 00:15:25,593 --> 00:15:26,969 when they were ten years old. 322 00:15:27,011 --> 00:15:28,322 - And we understand the type of stress 323 00:15:28,346 --> 00:15:30,181 that something like that can cause. 324 00:15:30,223 --> 00:15:32,308 I mean, you probably woke up every single morning 325 00:15:32,350 --> 00:15:34,143 wondering if today was the day this poor guy 326 00:15:34,185 --> 00:15:36,813 sold you out, leaked it on Twitter, 327 00:15:36,854 --> 00:15:38,356 called "The New York Times." 328 00:15:38,398 --> 00:15:41,150 - And that kind of pressure can cause really smart people 329 00:15:41,192 --> 00:15:43,653 to make really stupid choices. 330 00:15:45,321 --> 00:15:48,074 - I appreciate your concern, Detective, 331 00:15:48,116 --> 00:15:50,451 but I'll cut to the chase. 332 00:15:50,493 --> 00:15:52,954 I didn't kill James Pell. 333 00:15:52,995 --> 00:15:54,997 - But if you did, we'd understand. 334 00:15:55,039 --> 00:15:57,500 - Gentlemen, I presume Professor Nichols 335 00:15:57,542 --> 00:16:00,211 is not under arrest? 336 00:16:00,253 --> 00:16:01,504 - Correct. 337 00:16:01,546 --> 00:16:05,800 - Then please, get the hell out of my office. 338 00:16:21,983 --> 00:16:24,277 - I gotta be honest. 339 00:16:24,318 --> 00:16:25,820 This is a little surreal for me. 340 00:16:25,862 --> 00:16:27,196 - Why's that? 341 00:16:27,238 --> 00:16:28,614 - Ezra Nichols... 342 00:16:28,656 --> 00:16:30,074 Always a big inspiration for me. 343 00:16:30,116 --> 00:16:32,493 I just... he's the guy that made me want to be 344 00:16:32,535 --> 00:16:33,786 a lawyer in the first place. 345 00:16:33,828 --> 00:16:35,180 I just can't believe he's mixed up in all this. 346 00:16:35,204 --> 00:16:36,330 - Right now, he's just a guy 347 00:16:36,372 --> 00:16:37,874 who used a word he wasn't supposed to. 348 00:16:37,915 --> 00:16:39,792 - Which is depressing enough. 349 00:16:39,834 --> 00:16:41,836 - Yeah, a bad word, no doubt, but... 350 00:16:41,878 --> 00:16:43,713 - But what? 351 00:16:43,755 --> 00:16:46,174 - Nobody's above having a bad day. 352 00:16:46,215 --> 00:16:48,968 The only difference between you and him and anybody else is, 353 00:16:49,010 --> 00:16:50,887 he got caught on camera. 354 00:16:50,928 --> 00:16:53,681 - We found something in the doormat. 355 00:16:53,723 --> 00:16:54,974 - What? Dirt? 356 00:16:55,016 --> 00:16:58,102 - Dried mud, and there's cattail fluff in it. 357 00:16:58,144 --> 00:16:59,979 Those grow by the riverbank. 358 00:17:00,021 --> 00:17:01,606 - That would put him by the boathouse. 359 00:17:01,647 --> 00:17:03,500 - He came in through the back entrance, which means 360 00:17:03,524 --> 00:17:04,567 he didn't want to be seen. 361 00:17:04,609 --> 00:17:06,319 - Maybe he had blood on his clothes. 362 00:17:06,360 --> 00:17:08,071 Do we know where the laundry room is? 363 00:17:08,112 --> 00:17:10,656 - Already checked it. Nada. 364 00:17:10,698 --> 00:17:11,717 - So if he didn't wash his clothes, 365 00:17:11,741 --> 00:17:13,076 maybe he threw them away. 366 00:17:13,117 --> 00:17:15,369 So where does he keep the trash bags? 367 00:17:15,411 --> 00:17:16,871 - Over here. 368 00:17:20,833 --> 00:17:22,210 - Check it for blood. 369 00:17:27,298 --> 00:17:28,091 - Nothing. 370 00:17:28,132 --> 00:17:29,926 - Check the inside flap. 371 00:17:36,140 --> 00:17:38,768 - Bingo. We've got some blood here. 372 00:17:38,810 --> 00:17:40,311 - Get that to the lab. 373 00:17:42,522 --> 00:17:45,274 - Hey, the lab says the blood is Pell's. 374 00:17:45,316 --> 00:17:47,443 And the mud on the doormat matches the riverbank 375 00:17:47,485 --> 00:17:49,445 at the boathouse. - Hell of a start. 376 00:17:49,487 --> 00:17:51,173 - But we still can't place him near the crime scene 377 00:17:51,197 --> 00:17:52,633 or even prove that he left his house that morning. 378 00:17:52,657 --> 00:17:53,950 - He's right. 379 00:17:53,991 --> 00:17:55,135 I've scrubbed all the video I could find. 380 00:17:55,159 --> 00:17:56,953 - But we still got the dead guy's blood 381 00:17:56,994 --> 00:17:58,621 at the Nichols' house. 382 00:17:58,663 --> 00:18:00,123 They can't walk that back. 383 00:18:00,164 --> 00:18:01,874 - It's not impossible. 384 00:18:01,916 --> 00:18:03,167 Let's keep digging. 385 00:18:07,755 --> 00:18:09,382 They got kids, right? - Mm-hmm. 386 00:18:09,424 --> 00:18:11,259 - A 14-year-old and a 5-year-old? 387 00:18:11,300 --> 00:18:12,969 - Yeah. - And both parents work? 388 00:18:13,010 --> 00:18:14,345 - Yeah. - That means... 389 00:18:14,387 --> 00:18:15,972 - They have a nanny. - Yeah. 390 00:18:16,013 --> 00:18:17,765 Let's track her down. 391 00:18:17,807 --> 00:18:19,183 Find out what she knows. 392 00:18:21,102 --> 00:18:22,812 - I can't get involved. 393 00:18:22,854 --> 00:18:24,164 I'm applying for a visa right now, 394 00:18:24,188 --> 00:18:26,482 but I'm a little behind on the paperwork. 395 00:18:26,524 --> 00:18:29,318 - We're not ICE, Magda. We're not gonna report you. 396 00:18:29,360 --> 00:18:30,921 - We just need to know if you were working 397 00:18:30,945 --> 00:18:32,989 at the Nichols' house that morning. 398 00:18:33,030 --> 00:18:35,783 Yes. I got there at 5:30. 399 00:18:35,825 --> 00:18:37,326 Michelle called me. 400 00:18:37,368 --> 00:18:39,328 Said she needed me to watch their youngest. 401 00:18:39,370 --> 00:18:42,248 - And when you got there, was Ezra home? 402 00:18:42,290 --> 00:18:44,917 - Yes. He was asleep upstairs. 403 00:18:44,959 --> 00:18:46,502 - You sure? 404 00:18:46,544 --> 00:18:47,670 - Yeah. 405 00:18:47,712 --> 00:18:49,672 He came down around 7:00. 406 00:18:49,714 --> 00:18:51,215 I made him breakfast. 407 00:18:51,257 --> 00:18:53,551 - And Ezra didn't leave the house before that? 408 00:18:53,593 --> 00:18:56,637 - No. Like I said, he was sleeping. 409 00:19:00,058 --> 00:19:02,060 - Where was Michelle? 410 00:19:04,437 --> 00:19:07,523 - If I say anything that gets the Nichols in trouble, 411 00:19:07,565 --> 00:19:08,983 I could lose my job. 412 00:19:09,025 --> 00:19:13,780 - Magda, this is a murder investigation. 413 00:19:13,821 --> 00:19:14,947 Understand? 414 00:19:17,200 --> 00:19:19,452 We need to know what you know. 415 00:19:30,630 --> 00:19:32,882 - Michelle Nichols. - What is this? 416 00:19:32,924 --> 00:19:35,385 - You're under arrest for the murder of James Pell. 417 00:19:35,426 --> 00:19:36,427 - What? Babe... 418 00:19:36,469 --> 00:19:37,613 - Going to take care of this, baby. 419 00:19:37,637 --> 00:19:39,389 You'll be home in no time. 420 00:19:39,430 --> 00:19:40,848 Promise you. 421 00:19:40,890 --> 00:19:43,434 Don't say a word. Understand me? 422 00:19:43,476 --> 00:19:45,895 Tell them you want a lawyer. Now! Say it out loud! 423 00:19:45,937 --> 00:19:47,021 - I want a lawyer. 424 00:19:47,063 --> 00:19:48,731 - Watch your head, ma'am. 425 00:20:02,036 --> 00:20:03,316 - Calling docket ending in 8733, 426 00:20:03,746 --> 00:20:05,123 People v. Michelle Nichols, 427 00:20:05,164 --> 00:20:07,375 charging murder in the second degree. 428 00:20:09,460 --> 00:20:10,962 - How does the defendant plead? 429 00:20:11,003 --> 00:20:12,338 - Not guilty, Your Honor. 430 00:20:12,380 --> 00:20:14,674 - People on bail? - People request remand. 431 00:20:14,716 --> 00:20:18,010 We have evidence that proves the defendant was aware 432 00:20:18,052 --> 00:20:20,638 the victim, James Pell, was blackmailing her husband 433 00:20:20,680 --> 00:20:22,682 and that she murdered him to stop it. 434 00:20:22,724 --> 00:20:25,852 - Your Honor, Mrs. Nichols is anything but a flight risk. 435 00:20:25,893 --> 00:20:28,896 She serves on the boards of the Children's Defense Fund, 436 00:20:28,938 --> 00:20:32,024 America Reads, and the Riverdale Country School. 437 00:20:32,066 --> 00:20:34,152 She's never had so much as a speeding ticket. 438 00:20:34,193 --> 00:20:36,612 - Given her significant financial resources 439 00:20:36,654 --> 00:20:39,365 and extensive international connections, 440 00:20:39,407 --> 00:20:41,510 she may be accumulating funds in order to flee the country. 441 00:20:41,534 --> 00:20:42,702 - Okay. Enough. 442 00:20:42,744 --> 00:20:45,163 Bail is set at $500,000, and Mrs. Nichols 443 00:20:45,204 --> 00:20:46,914 is to surrender her passport. 444 00:20:49,167 --> 00:20:51,044 - Motion to exclude. 445 00:20:57,175 --> 00:20:58,885 - The video clip of my client's husband 446 00:20:58,926 --> 00:21:00,845 expressing his displeasure to her 447 00:21:00,887 --> 00:21:02,555 is protected by marital privilege. 448 00:21:02,597 --> 00:21:04,557 The jury shouldn't be allowed to see it. 449 00:21:04,599 --> 00:21:06,319 - Privilege doesn't apply in this situation. 450 00:21:06,350 --> 00:21:09,187 Professor and Mrs. Nichols were in a public setting, 451 00:21:09,228 --> 00:21:10,539 which means there was no reasonable expectation 452 00:21:10,563 --> 00:21:11,898 of confidentiality. 453 00:21:11,939 --> 00:21:13,566 Ezra Nichols was sitting in front 454 00:21:13,608 --> 00:21:15,068 of a microphone, for God's sake. 455 00:21:15,109 --> 00:21:17,403 - The comment was made after the speeches were finished. 456 00:21:17,445 --> 00:21:20,573 The microphone was disconnected from the public address system. 457 00:21:20,615 --> 00:21:23,201 He was completely unaware he was being recorded. 458 00:21:23,242 --> 00:21:25,620 - Michelle Nichols literally shushed him. 459 00:21:25,661 --> 00:21:27,663 That proves that... - That proves nothing. 460 00:21:27,705 --> 00:21:30,083 My husband shushes me in my living room, 461 00:21:30,124 --> 00:21:31,918 the doctor's office. 462 00:21:31,959 --> 00:21:34,253 Based on the facts, it's clear that 463 00:21:34,295 --> 00:21:38,257 this was meant to be a personal and private conversation. 464 00:21:38,299 --> 00:21:39,592 Motion granted. 465 00:21:41,969 --> 00:21:45,473 - We need some sort of evidence to establish motive, 466 00:21:45,515 --> 00:21:47,392 something to make the jury understand 467 00:21:47,433 --> 00:21:50,895 why Pell was blackmailing Nichols in the first place. 468 00:21:50,937 --> 00:21:52,772 - Yeah, that's what I've been working on. 469 00:21:52,814 --> 00:21:55,233 I think I might have found something too. 470 00:21:57,693 --> 00:21:59,862 - See Ezra Nichols' wine glass? - Yes. 471 00:21:59,904 --> 00:22:01,239 - When Ezra moves the glass, 472 00:22:01,280 --> 00:22:03,408 he's motioning to a waiter for a refill. 473 00:22:03,449 --> 00:22:05,535 - Play it one more time. 474 00:22:05,576 --> 00:22:07,245 - If the waiter was close enough to pour, 475 00:22:07,286 --> 00:22:09,288 they would have been close enough to hear 476 00:22:09,330 --> 00:22:10,665 what Nichols said to his wife. 477 00:22:16,087 --> 00:22:17,880 - Can you tell us where you last saw 478 00:22:17,922 --> 00:22:19,882 Ezra and Michelle Nichols? 479 00:22:19,924 --> 00:22:22,969 - I was a server at their table at a law school dinner. 480 00:22:23,010 --> 00:22:25,138 - And can you please repeat the comment 481 00:22:25,179 --> 00:22:28,975 that you heard Ezra Nichols make to his wife 482 00:22:29,016 --> 00:22:31,144 about Supreme Court Justice Malcolm Sanders? 483 00:22:31,185 --> 00:22:32,812 - Objection... hearsay. 484 00:22:32,854 --> 00:22:34,206 - It's not being offered for the truth 485 00:22:34,230 --> 00:22:36,649 of the matter asserted. - Overruled. 486 00:22:36,691 --> 00:22:38,401 - Then it's protected by marital privilege. 487 00:22:38,443 --> 00:22:41,028 - Privilege doesn't apply when there's a third party present. 488 00:22:41,070 --> 00:22:42,071 - I agree. 489 00:22:42,113 --> 00:22:44,365 - Mr. Price, ask your question again. 490 00:22:44,407 --> 00:22:46,409 - Ms. Zinkow, what did you hear 491 00:22:46,451 --> 00:22:48,786 Ezra Nichols say to his wife? 492 00:22:48,828 --> 00:22:51,456 - He was talking about Justice Sanders, 493 00:22:51,497 --> 00:22:54,542 and he used an offensive word. 494 00:22:54,584 --> 00:22:56,169 - What word? 495 00:22:56,210 --> 00:23:00,757 - It starts with F, and it refers to gay people. 496 00:23:00,798 --> 00:23:02,508 Do I have to say it? 497 00:23:02,550 --> 00:23:05,845 - No. No. I think we get the idea. 498 00:23:05,887 --> 00:23:08,765 Did you tell anybody what you heard? 499 00:23:08,806 --> 00:23:11,350 - Yes, I told one of the student coordinators, 500 00:23:11,392 --> 00:23:12,685 James Pell. 501 00:23:12,727 --> 00:23:14,645 - How did Mr. Pell respond? 502 00:23:14,687 --> 00:23:16,898 - He thanked me for telling him this. 503 00:23:16,939 --> 00:23:19,275 Then he took the video card out of the camera 504 00:23:19,317 --> 00:23:22,236 that was recording the speakers' table. 505 00:23:22,278 --> 00:23:25,281 - Thank you. I have nothing further. 506 00:23:25,323 --> 00:23:28,659 - Are you familiar with who Ezra Nichols is... 507 00:23:28,701 --> 00:23:31,996 Of all he's done for the LGBTQ community? 508 00:23:32,038 --> 00:23:33,706 - Not really. - Ah. 509 00:23:33,748 --> 00:23:36,000 Then let me educate you. 510 00:23:36,042 --> 00:23:38,211 He is one of the most... - Objection. 511 00:23:38,252 --> 00:23:41,464 Professor Nichols' résumé in this regard is irrelevant. 512 00:23:41,506 --> 00:23:43,925 - Sustained. Move on, Mr. Seaver. 513 00:23:46,427 --> 00:23:48,596 - The room was filled with people, correct? 514 00:23:48,638 --> 00:23:51,015 - Yes, there were about 80 people there. 515 00:23:51,057 --> 00:23:52,392 - So there was lots of noise. 516 00:23:52,433 --> 00:23:54,519 People were eating, drinking. 517 00:23:54,560 --> 00:23:55,895 - Yes. 518 00:23:55,937 --> 00:23:58,856 - So it was obviously hard to hear. 519 00:23:58,898 --> 00:24:00,191 - I suppose. 520 00:24:00,233 --> 00:24:03,569 - So you can't be sure what Mr. Nichols 521 00:24:03,611 --> 00:24:05,696 said or didn't say, correct? 522 00:24:05,738 --> 00:24:07,323 - No. That's not true. 523 00:24:07,365 --> 00:24:09,534 I heard him use that word. 524 00:24:09,575 --> 00:24:10,952 I'm positive. 525 00:24:14,622 --> 00:24:16,666 - Nothing further. 526 00:24:16,707 --> 00:24:17,917 - Mr. Price? 527 00:24:17,959 --> 00:24:18,977 - Nothing further, Your Honor. 528 00:24:19,001 --> 00:24:20,962 - Witness is excused. 529 00:24:23,840 --> 00:24:26,217 - The people call Magda Chezlak. 530 00:24:29,971 --> 00:24:32,598 - Is Ms. Chezlak here? 531 00:24:37,854 --> 00:24:39,731 - What's going on? - I don't know. 532 00:24:39,772 --> 00:24:41,399 We talked to her last night. 533 00:24:44,318 --> 00:24:46,863 - The Nichols' nanny skipped town? 534 00:24:46,904 --> 00:24:48,948 - Her roomie thinks she flew back to Poland. 535 00:24:48,990 --> 00:24:51,075 - Can you confirm that? - No. 536 00:24:51,117 --> 00:24:52,302 We checked all the flight logs. 537 00:24:52,326 --> 00:24:53,846 There's no record of her on any of them, 538 00:24:53,870 --> 00:24:55,830 and she's not answering calls or texts, either. 539 00:24:55,872 --> 00:24:58,332 - So she's in the wind? - Sure looks that way. 540 00:24:58,374 --> 00:24:59,893 - Well, the woman was terrified and thought 541 00:24:59,917 --> 00:25:01,335 ICE was gonna grab her up. 542 00:25:01,377 --> 00:25:04,088 - Or Seaver convinced her that was the case 543 00:25:04,130 --> 00:25:06,257 and arranged for her to get out of town. 544 00:25:06,299 --> 00:25:08,843 - Which is obviously witness tampering. 545 00:25:08,885 --> 00:25:11,888 - It sure is, but good luck finding a paper trail. 546 00:25:11,929 --> 00:25:13,181 - So now what? 547 00:25:13,222 --> 00:25:15,224 And the nanny was the only witness 548 00:25:15,266 --> 00:25:17,018 who could establish Michelle was at home 549 00:25:17,060 --> 00:25:18,186 the morning of the murder. 550 00:25:18,227 --> 00:25:19,604 - No. 551 00:25:19,645 --> 00:25:22,190 That's not true. We have another witness. 552 00:25:22,231 --> 00:25:23,316 - Good. 553 00:25:23,357 --> 00:25:25,359 Just make sure that this one shows up. 554 00:25:30,114 --> 00:25:32,450 - Detective Cosgrove, in the course of your investigation, 555 00:25:32,492 --> 00:25:35,119 did you meet Magda Chezlak, 556 00:25:35,161 --> 00:25:37,163 the Nichols' nanny? - Yes. 557 00:25:37,205 --> 00:25:39,624 - Did Ms. Chezlak tell you that Michelle Nichols 558 00:25:39,665 --> 00:25:42,502 left the house the morning of James Pell's murder? 559 00:25:42,543 --> 00:25:43,920 - Objection, hearsay. 560 00:25:43,961 --> 00:25:45,856 - Ms. Chezlak's statement falls under an exception 561 00:25:45,880 --> 00:25:47,215 to the hearsay rule. 562 00:25:47,256 --> 00:25:49,342 It's a declaration against pecuniary interest. 563 00:25:49,384 --> 00:25:52,678 - What exactly is Ms. Chezlak's pecuniary interest? 564 00:25:52,720 --> 00:25:54,013 - Her job. 565 00:25:54,055 --> 00:25:55,491 She told Detective Cosgrove she was afraid 566 00:25:55,515 --> 00:25:57,034 she'd be fired if she said anything that 567 00:25:57,058 --> 00:25:58,351 got the Nichols in trouble. 568 00:25:58,393 --> 00:26:01,562 - Objection overruled. 569 00:26:01,604 --> 00:26:03,856 - Yes, Magda Chezlak told me 570 00:26:03,898 --> 00:26:06,192 that she saw the defendant 571 00:26:06,234 --> 00:26:08,778 leave the house at 5:30 that morning. 572 00:26:08,820 --> 00:26:11,030 - And what time was James Pell killed? 573 00:26:11,072 --> 00:26:13,408 - The medical examiner determined that 574 00:26:13,449 --> 00:26:15,618 it was between 5:00 and 7:00 in the morning. 575 00:26:15,660 --> 00:26:17,412 - Did Ms. Chezlak say anything else 576 00:26:17,453 --> 00:26:20,415 about the defendant leaving home so early that day? 577 00:26:20,456 --> 00:26:22,375 - Yes, she said that was highly unusual. 578 00:26:22,417 --> 00:26:24,794 She seemed in a hurry and extremely upset. 579 00:26:24,836 --> 00:26:25,753 - Thank you, Detective Cosgrove. 580 00:26:25,795 --> 00:26:27,213 I have no further questions. 581 00:26:29,257 --> 00:26:31,259 - How many years have you been 582 00:26:31,300 --> 00:26:33,803 with the New York City Police Department, Detective? 583 00:26:33,845 --> 00:26:35,054 - 23. 584 00:26:35,096 --> 00:26:36,490 - And in those years, how many times 585 00:26:36,514 --> 00:26:38,808 have you been called as a witness in a criminal case? 586 00:26:38,850 --> 00:26:40,369 - I... I wouldn't know the exact number. 587 00:26:40,393 --> 00:26:42,562 - Public records show that you were called 588 00:26:42,603 --> 00:26:45,773 to testify in 208 cases. 589 00:26:45,815 --> 00:26:47,066 - Really? That many? 590 00:26:47,108 --> 00:26:49,569 - In how many of those cases was the defendant 591 00:26:49,610 --> 00:26:51,070 African American? 592 00:26:51,112 --> 00:26:53,239 - Objection, relevance. - It goes to bias. 593 00:26:53,281 --> 00:26:56,075 - Overruled, but be careful, Mr. Seaver. 594 00:26:57,618 --> 00:26:58,870 - I don't keep track. 595 00:26:58,911 --> 00:27:00,371 - Maybe you should... 596 00:27:00,413 --> 00:27:02,081 Over half, 597 00:27:02,123 --> 00:27:06,794 and 85% of those cases resulted in convictions. 598 00:27:06,836 --> 00:27:09,922 That is well above the statistical average. 599 00:27:09,964 --> 00:27:11,299 Did you know that? 600 00:27:11,340 --> 00:27:13,926 - Like I said, I don't know the exact numbers. 601 00:27:13,968 --> 00:27:16,179 - You should. It's in the public record. 602 00:27:16,220 --> 00:27:18,681 It seems whenever a person of color is on trial, 603 00:27:18,723 --> 00:27:21,559 you always seem to bring in some extra evidence 604 00:27:21,601 --> 00:27:22,852 to the equation. 605 00:27:22,894 --> 00:27:24,896 - Are you trying to say I make things up? 606 00:27:24,937 --> 00:27:26,355 Because that's not how it works. 607 00:27:26,397 --> 00:27:29,108 - Quite the contrary... It's simple math. 608 00:27:29,150 --> 00:27:30,777 And it adds up to you having 609 00:27:30,818 --> 00:27:32,862 a racially-motivated axe to grind. 610 00:27:32,904 --> 00:27:34,739 There's no other way to explain it. 611 00:27:34,781 --> 00:27:38,618 - I'm pretty sure there is, but I'm not a sociologist. 612 00:27:38,659 --> 00:27:40,161 I'm a homicide detective. 613 00:27:40,203 --> 00:27:42,789 I follow the evidence, and I arrest bad guys 614 00:27:42,830 --> 00:27:44,624 regardless of their race. 615 00:27:44,665 --> 00:27:46,334 That's what I do. 616 00:27:46,375 --> 00:27:49,003 And in this case, the evidence points at Michelle Nichols. 617 00:27:49,045 --> 00:27:50,630 - A Black woman. 618 00:27:50,671 --> 00:27:53,174 - No. A murderer. 619 00:27:53,216 --> 00:27:56,010 - Says the man who only arrests Black people. 620 00:27:56,052 --> 00:27:57,529 - Objection. The defense is out of line. 621 00:27:57,553 --> 00:27:58,553 - Sustained. 622 00:28:00,681 --> 00:28:02,475 - No further questions. 623 00:28:02,517 --> 00:28:04,310 - Witness is excused. 624 00:28:10,858 --> 00:28:13,319 - Mr. Price? 625 00:28:13,361 --> 00:28:15,822 - The People rest, Your Honor. 626 00:28:15,863 --> 00:28:17,907 - Mr. Seaver, call your first witness. 627 00:28:17,949 --> 00:28:20,326 - Defense calls Ezra Nichols. 628 00:28:24,872 --> 00:28:28,000 - Where were you on the morning of James Pell's murder? 629 00:28:28,042 --> 00:28:30,294 - I got up early and went to the Hudson boathouse. 630 00:28:30,336 --> 00:28:32,171 - Why did you go to the boathouse? 631 00:28:32,213 --> 00:28:33,965 - Because I knew James would be there. 632 00:28:34,006 --> 00:28:36,217 - And what did you do when you found him there? 633 00:28:38,136 --> 00:28:41,222 - I killed him. 634 00:28:41,264 --> 00:28:42,866 - Request to meet in chambers, Your Honor. 635 00:28:54,777 --> 00:28:56,577 - We've already established that Ezra Nicholas 636 00:28:57,196 --> 00:28:58,632 was at home asleep when James Pell was killed. 637 00:28:58,656 --> 00:29:00,450 The defense is clearly using his testimony 638 00:29:00,491 --> 00:29:01,701 to create a false narrative. 639 00:29:01,743 --> 00:29:03,953 - The People have no legal basis 640 00:29:03,995 --> 00:29:05,455 to exclude his testimony. 641 00:29:05,496 --> 00:29:07,623 - Ezra Nichols' so-called confession is an act 642 00:29:07,665 --> 00:29:10,960 of perjury designed to create confusion 643 00:29:11,002 --> 00:29:12,503 in the minds of the jurors. 644 00:29:12,545 --> 00:29:15,339 - Creating confusion is what defense lawyers do, Mr. Price. 645 00:29:15,381 --> 00:29:17,967 That's not a basis to exclude a witness. 646 00:29:18,009 --> 00:29:19,802 - No, but creating a mockery 647 00:29:19,844 --> 00:29:21,471 of the criminal justice system is, 648 00:29:21,512 --> 00:29:23,806 or at least it used to be. 649 00:29:23,848 --> 00:29:26,642 - Watch yourself, sir. 650 00:29:29,395 --> 00:29:31,814 Ezra Nichols is free to testify. 651 00:29:31,856 --> 00:29:34,984 And you, Mr. Price, are free to accept his confession 652 00:29:35,026 --> 00:29:37,278 if you so choose. 653 00:29:38,946 --> 00:29:40,907 Court is adjourned for today. 654 00:29:44,160 --> 00:29:46,454 - Is there a chance Ezra Nichols 655 00:29:46,496 --> 00:29:48,372 actually committed the murder? 656 00:29:48,414 --> 00:29:50,583 - Sure. It's possible. 657 00:29:50,625 --> 00:29:52,293 Just like it's possible someone 658 00:29:52,335 --> 00:29:55,254 not named Lee Harvey Oswald killed Kennedy. 659 00:29:55,296 --> 00:29:56,923 - What does the evidence say? 660 00:29:56,964 --> 00:30:00,259 - That Mr. Nichols was at home sleeping 661 00:30:00,301 --> 00:30:02,011 when the murder was committed. 662 00:30:02,053 --> 00:30:04,305 I don't... maybe we should just accept his confession, 663 00:30:04,347 --> 00:30:05,681 charge him with murder. 664 00:30:05,723 --> 00:30:06,682 At least somebody will go to prison for this. 665 00:30:06,724 --> 00:30:09,310 - I assume you're just venting. 666 00:30:09,352 --> 00:30:12,355 - I am. - Then let's move on. 667 00:30:12,397 --> 00:30:15,358 Let's view this confession for what it is, 668 00:30:15,400 --> 00:30:18,319 a stunt designed to distract the jury 669 00:30:18,361 --> 00:30:21,489 and create reasonable doubt, nothing more. 670 00:30:21,531 --> 00:30:24,700 So let Nichols spin his tale... 671 00:30:26,994 --> 00:30:31,249 Then bury him on the cross and expose his lies. 672 00:30:36,838 --> 00:30:39,632 - Pell started out by asking me for a few thousand dollars. 673 00:30:39,674 --> 00:30:41,718 Then he wanted me to make sure he was named 674 00:30:41,759 --> 00:30:43,511 editor-in-chief of the "Law Review." 675 00:30:43,553 --> 00:30:46,222 - He was using your reputation and influence 676 00:30:46,264 --> 00:30:48,182 to bolster his own résumé. 677 00:30:48,224 --> 00:30:49,642 - Yes. 678 00:30:49,684 --> 00:30:51,477 And I succumbed to his demands. 679 00:30:51,519 --> 00:30:52,979 - Why is that? 680 00:30:53,020 --> 00:30:56,065 - Because I'm ashamed of what I said, deeply. 681 00:30:56,107 --> 00:30:58,234 It's not who I am. 682 00:30:58,276 --> 00:30:59,610 If I'd heard another man say that, 683 00:30:59,652 --> 00:31:02,071 I'd be the first person to speak up, 684 00:31:02,113 --> 00:31:04,866 denounce his homophobia. 685 00:31:04,907 --> 00:31:07,577 So I was terrified. 686 00:31:07,618 --> 00:31:09,287 I knew the significance of the tape 687 00:31:09,328 --> 00:31:12,623 and the greed and ambition of the man in possession of it. 688 00:31:12,665 --> 00:31:15,293 - Can you elaborate on that? 689 00:31:15,334 --> 00:31:17,795 Tell us why you were so terrified? 690 00:31:17,837 --> 00:31:19,756 - Because we live in a society where people... 691 00:31:19,797 --> 00:31:23,468 The press... want to crucify public figures 692 00:31:23,509 --> 00:31:26,095 for making a mistake. 693 00:31:26,137 --> 00:31:28,639 There are no second chances. 694 00:31:28,681 --> 00:31:31,934 One bad moment, one wrong word, and your career is over, 695 00:31:31,976 --> 00:31:34,145 no matter who you are or what you've accomplished. 696 00:31:34,187 --> 00:31:38,191 It's become a sport, a game. 697 00:31:38,232 --> 00:31:40,151 Who can we cancel next? 698 00:31:40,193 --> 00:31:43,279 So I gave James Pell everything he asked for 699 00:31:43,321 --> 00:31:45,323 to protect myself and my family. 700 00:31:45,364 --> 00:31:47,950 - Were there any other demands? 701 00:31:47,992 --> 00:31:50,411 - Yes. 702 00:31:50,453 --> 00:31:53,039 He wanted to clerk for the Supreme Court. 703 00:31:53,081 --> 00:31:54,415 That's where I drew the line. 704 00:31:54,457 --> 00:31:55,666 - How come? 705 00:31:55,708 --> 00:31:58,586 - Those clerks go on to be professors, 706 00:31:58,628 --> 00:32:00,963 judges, politicians. 707 00:32:01,005 --> 00:32:02,941 They become thought leaders for the next generation. 708 00:32:02,965 --> 00:32:05,301 I wasn't giving James Pell that kind of access. 709 00:32:05,343 --> 00:32:10,598 - And how did Mr. Pell react when you told him that? 710 00:32:10,640 --> 00:32:12,392 - He said he'd release the video. 711 00:32:12,433 --> 00:32:13,810 - And what did you do? 712 00:32:13,851 --> 00:32:17,814 - I told Pell we needed to talk in person. 713 00:32:17,855 --> 00:32:20,817 So I met him down at the boathouse that morning. 714 00:32:20,858 --> 00:32:22,819 I told him he needed to stop what he was doing, 715 00:32:22,860 --> 00:32:25,696 that I was done with his demands, his threats. 716 00:32:25,738 --> 00:32:27,407 - And how did he react? 717 00:32:27,448 --> 00:32:31,119 - He laughed in my face, said he owned me. 718 00:32:32,745 --> 00:32:36,666 That's when I lost my composure. 719 00:32:36,707 --> 00:32:39,043 I picked up a pipe, and I swung it at his head. 720 00:32:40,878 --> 00:32:43,715 - Where was your wife at this time? 721 00:32:43,756 --> 00:32:46,259 - She was home with our children. 722 00:32:46,300 --> 00:32:49,137 She had nothing to do with this. 723 00:32:49,178 --> 00:32:52,056 - Thank you, Professor Nichols. 724 00:32:52,098 --> 00:32:53,349 No further questions. 725 00:33:01,607 --> 00:33:03,025 - Mr. Nichols... 726 00:33:05,445 --> 00:33:11,325 When you allegedly killed James Pell, 727 00:33:11,367 --> 00:33:12,785 where did you strike him? 728 00:33:12,827 --> 00:33:17,039 - On the side of his head above his right ear. 729 00:33:17,081 --> 00:33:19,333 - Do you recall what Mr. Pell was wearing that morning? 730 00:33:19,375 --> 00:33:22,670 - A light blue athletic shirt with dark blue markings 731 00:33:22,712 --> 00:33:24,213 on the sleeves. 732 00:33:30,762 --> 00:33:32,513 - Side of head, above right ear, 733 00:33:32,555 --> 00:33:34,515 light blue athletic shirt, 734 00:33:34,557 --> 00:33:36,184 dark blue markings on the sleeves. 735 00:33:36,225 --> 00:33:38,436 Professor Nichols, have you read the crime scene report 736 00:33:38,478 --> 00:33:39,896 for James Pell's murder? 737 00:33:39,937 --> 00:33:40,897 - No. I have not. 738 00:33:40,938 --> 00:33:42,899 - Yet, your so-called memories 739 00:33:42,940 --> 00:33:45,485 are word for word identical to what is written here. 740 00:33:45,526 --> 00:33:47,779 - Objection. - Sustained. 741 00:33:51,115 --> 00:33:52,867 - Professor Nichols, do you love your wife? 742 00:33:52,909 --> 00:33:54,160 - Of course. 743 00:33:54,202 --> 00:33:56,412 - And you would do almost anything to protect her, 744 00:33:56,454 --> 00:33:58,498 including lying about a murder 745 00:33:58,539 --> 00:33:59,808 to stop her from going to prison. 746 00:33:59,832 --> 00:34:01,626 - Objection! - Sustained. 747 00:34:01,667 --> 00:34:04,253 - You now claim you killed James Pell, 748 00:34:04,295 --> 00:34:07,423 even though you were at home the morning of the murder. 749 00:34:07,465 --> 00:34:08,716 - That's not true. 750 00:34:08,758 --> 00:34:09,860 - But no one else can verify 751 00:34:09,884 --> 00:34:11,427 your account of events, correct? 752 00:34:11,469 --> 00:34:12,929 - That'snot true. 753 00:34:12,970 --> 00:34:14,782 My wife and two children were home having breakfast 754 00:34:14,806 --> 00:34:17,100 when I returned from the boathouse. 755 00:34:17,141 --> 00:34:19,477 - They saw you return home that morning? 756 00:34:19,519 --> 00:34:21,062 - Yes. 757 00:34:21,104 --> 00:34:22,188 - And what time was this? 758 00:34:22,230 --> 00:34:25,942 Approximately 6:45 a.m. 759 00:34:25,983 --> 00:34:27,652 - They saw you... 760 00:34:34,909 --> 00:34:36,077 Thank you. 761 00:34:36,119 --> 00:34:37,745 No further questions at this time. 762 00:34:39,747 --> 00:34:42,625 - You're excused. 763 00:34:42,667 --> 00:34:44,377 - Subpoena the son. 764 00:34:44,419 --> 00:34:48,214 The kid already told the police he left home at 6:45 a.m. 765 00:34:48,256 --> 00:34:50,067 He said he didn't see his parents that morning, 766 00:34:50,091 --> 00:34:52,343 didn't even know if they were home. 767 00:34:52,385 --> 00:34:55,805 - Which means one of them is lying. 768 00:34:55,847 --> 00:34:58,307 - I know which one my money is on. 769 00:35:08,484 --> 00:35:09,924 - Your Honor, given that this witness 770 00:35:11,070 --> 00:35:12,923 is the defendant's son, I'd ask that you declare him hostile, 771 00:35:12,947 --> 00:35:14,323 allow me to ask leading questions. 772 00:35:14,365 --> 00:35:15,365 - Granted. 773 00:35:16,868 --> 00:35:19,704 - Where were you the morning of James Pell's murder? 774 00:35:19,746 --> 00:35:21,372 - I was home. 775 00:35:21,414 --> 00:35:24,459 I left home for water polo practice at 6:45 a.m. 776 00:35:24,500 --> 00:35:28,004 - And did you see your mother or father? 777 00:35:28,046 --> 00:35:29,047 - I saw my mother. 778 00:35:29,088 --> 00:35:31,424 She made me breakfast. 779 00:35:31,466 --> 00:35:35,053 And I saw my father, too, briefly. 780 00:35:35,094 --> 00:35:37,513 He came home at 6:30, right before I left home 781 00:35:37,555 --> 00:35:39,223 for water polo practice. 782 00:35:39,265 --> 00:35:41,893 - Really? You saw him come home? 783 00:35:41,934 --> 00:35:43,936 - That's correct. 784 00:35:43,978 --> 00:35:46,814 - But you originally told the police 785 00:35:46,856 --> 00:35:49,859 that you didn't see either of them that day, correct? 786 00:35:49,901 --> 00:35:52,945 - Yes. I... I was confused. 787 00:35:52,987 --> 00:35:54,530 - But you're not confused now? 788 00:35:54,572 --> 00:35:56,407 - Correct. 789 00:35:56,449 --> 00:36:02,455 - So your father wasn't in his bedroom sleeping that morning? 790 00:36:02,497 --> 00:36:03,748 - That's right. 791 00:36:05,958 --> 00:36:09,087 - Well, that morning when you saw your mother, when she... 792 00:36:09,128 --> 00:36:10,505 She made breakfast for you? 793 00:36:10,546 --> 00:36:11,381 How did she appear? 794 00:36:11,422 --> 00:36:14,801 Was she rattled, disoriented? 795 00:36:14,842 --> 00:36:17,845 Was she acting in a way that seemed abnormal? 796 00:36:17,887 --> 00:36:19,847 - Um... 797 00:36:19,889 --> 00:36:24,894 no, she seemed very normal. 798 00:36:24,936 --> 00:36:28,106 - What about your nanny, Magda? See her at home that morning? 799 00:36:28,147 --> 00:36:31,442 - I... I don't recall. 800 00:36:31,484 --> 00:36:34,612 - Your father told you what to say today, didn't he? 801 00:36:34,654 --> 00:36:35,822 - No. 802 00:36:35,863 --> 00:36:38,074 - He told you to lie about seeing him at home 803 00:36:38,116 --> 00:36:40,284 that morning in order to perpetuate 804 00:36:40,326 --> 00:36:43,079 the lie that he killed Pell. - Objection! 805 00:36:43,121 --> 00:36:44,414 - Sustained. 806 00:36:44,455 --> 00:36:46,374 - Nothing further at this time. 807 00:36:49,460 --> 00:36:52,213 We need to poke holes in this kid's testimony. 808 00:36:52,255 --> 00:36:54,716 Check with the coach. Pull phone, internet data. 809 00:36:54,757 --> 00:36:56,801 If we can prove he was telling the truth then... 810 00:36:56,843 --> 00:36:59,429 - We can prove he's lying now. 811 00:37:01,180 --> 00:37:02,950 - I dug up everything I could on Cyrus Nichols. 812 00:37:02,974 --> 00:37:04,517 He seems like a really good kid... 813 00:37:04,559 --> 00:37:07,603 Straight-A student, debate team, varsity water polo, 814 00:37:07,645 --> 00:37:10,481 literally feeds the homeless on Sundays. 815 00:37:10,523 --> 00:37:12,400 - Does his story track the day of the murder? 816 00:37:12,442 --> 00:37:14,068 - I talked to his water polo coach. 817 00:37:14,110 --> 00:37:16,779 Confirms Cyrus was at practice at 7:15 a.m. 818 00:37:16,821 --> 00:37:19,657 And I found video of him a block from the school at 7:12. 819 00:37:19,699 --> 00:37:21,301 Doesn't really prove that he saw or didn't see 820 00:37:21,325 --> 00:37:22,577 his father that morning, 821 00:37:22,618 --> 00:37:24,221 just means he went to water polo practice. 822 00:37:24,245 --> 00:37:25,663 I know. 823 00:37:25,705 --> 00:37:28,249 We're looking for a needle in a haystack. 824 00:37:28,291 --> 00:37:29,834 - I might have one. 825 00:37:29,876 --> 00:37:31,669 - What do you mean? 826 00:37:31,711 --> 00:37:34,005 - Cyrus used his cell phone to call his parents' landline 827 00:37:34,047 --> 00:37:36,340 that morning at 5:49 a.m. 828 00:37:36,382 --> 00:37:38,551 - What? Why would he... 829 00:37:41,220 --> 00:37:42,680 Get a ping order right away. 830 00:37:42,722 --> 00:37:43,722 - On it. 831 00:37:47,560 --> 00:37:50,897 - What the hell's going on? What was so important? 832 00:37:50,938 --> 00:37:54,692 - We looked into your son's version of events. 833 00:37:54,734 --> 00:37:59,447 And we learned that he called your landline 834 00:37:59,489 --> 00:38:03,326 the morning of the murder at 5:49 a.m. 835 00:38:03,367 --> 00:38:06,412 So we pinged his cell. 836 00:38:06,454 --> 00:38:10,291 - And we eventually discovered this. 837 00:38:12,085 --> 00:38:16,714 This is Cyrus at 5:09 a.m. on the morning of the murder 838 00:38:16,756 --> 00:38:20,843 walking down 122nd Street, two blocks from the boathouse 839 00:38:20,885 --> 00:38:23,346 where Pell was killed. 840 00:38:25,932 --> 00:38:29,143 And this is Cyrus at 5:44 a.m., 841 00:38:29,185 --> 00:38:32,271 throwing away the pipe used to kill James Pell. 842 00:38:41,781 --> 00:38:48,204 - If you tell us everything that happened... 843 00:38:48,246 --> 00:38:50,957 we will do the best we can for your son. 844 00:38:50,998 --> 00:38:52,708 - Whatever they say, 845 00:38:52,750 --> 00:38:54,752 it can't be used against the child. 846 00:38:54,794 --> 00:38:55,795 - Agreed. 847 00:39:04,178 --> 00:39:06,681 Cyrus knew the pressure I was under... 848 00:39:06,723 --> 00:39:09,016 That we were under. 849 00:39:09,058 --> 00:39:14,772 He overheard us arguing the night before about James Pell 850 00:39:14,814 --> 00:39:18,943 and how he was threatening to destroy our lives. 851 00:39:18,985 --> 00:39:22,363 - He knew the agony that this was causing. 852 00:39:24,240 --> 00:39:27,410 And Cyrus is a sensitive boy. 853 00:39:27,452 --> 00:39:29,954 He carries the weight of the world on his shoulders. 854 00:39:29,996 --> 00:39:32,331 He always has. 855 00:39:32,373 --> 00:39:35,168 - I told him we would take care of everything, 856 00:39:35,209 --> 00:39:37,253 that this was not his problem. 857 00:39:39,255 --> 00:39:40,840 But he... 858 00:39:40,882 --> 00:39:44,052 - He killed James Pell. 859 00:39:44,093 --> 00:39:46,804 - It wasn't his fault. 860 00:39:46,846 --> 00:39:48,473 He was afraid. 861 00:39:48,514 --> 00:39:50,683 He was just trying to help. 862 00:40:00,359 --> 00:40:01,944 - Your Honor, the People have agreed 863 00:40:01,986 --> 00:40:04,739 to drop the murder charges against Michelle Nichols. 864 00:40:04,781 --> 00:40:06,908 We have also agreed not to charge 865 00:40:06,949 --> 00:40:09,494 Ezra Nichols with perjury. 866 00:40:09,535 --> 00:40:10,804 - The Nichols family understands 867 00:40:10,828 --> 00:40:12,622 that it is in the best interests of the child 868 00:40:12,663 --> 00:40:15,333 to plead guilty in family court, 869 00:40:15,374 --> 00:40:18,127 and the record will be sealed. 870 00:40:18,169 --> 00:40:19,337 - Cyrus... 871 00:40:23,508 --> 00:40:25,802 Do you understand what this means? 872 00:40:28,054 --> 00:40:32,517 A judge in family court will be sentencing you for murder. 873 00:40:34,060 --> 00:40:35,770 - Yes, ma'am. 874 00:40:35,812 --> 00:40:37,688 I understand. 875 00:40:37,730 --> 00:40:40,942 - The case against Michelle Nichols is dismissed. 876 00:40:40,983 --> 00:40:45,029 Court Officer, please take Cyrus Nichols into custody. 877 00:40:45,071 --> 00:40:46,364 - He's just a boy. 878 00:40:46,406 --> 00:40:49,867 For God's sake, he's barely 14. 879 00:40:58,459 --> 00:40:59,961 - You okay? 880 00:41:00,002 --> 00:41:03,673 - A man is dead and a family's been destroyed, 881 00:41:03,715 --> 00:41:07,969 all because a good man blurted out a stupid, hateful word. 65362

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