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- In the criminal
justice system,
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00:00:12,430 --> 00:00:13,723
the people are represented
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00:00:13,765 --> 00:00:16,309
by two separate, yet
equally important groups:
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00:00:16,350 --> 00:00:18,061
the police, who
investigate crime,
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00:00:18,102 --> 00:00:21,064
and the district attorneys,
who prosecute the offenders.
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00:00:21,105 --> 00:00:22,774
These are their stories.
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00:00:53,971 --> 00:00:55,098
- Hey.
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00:01:03,231 --> 00:01:05,900
- DOA was James Pell, 25.
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00:01:05,942 --> 00:01:07,735
He was a law student at Hudson.
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00:01:07,777 --> 00:01:09,153
- Time of death?
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00:01:09,195 --> 00:01:11,531
- Based on body temp, I'd
give it a two-hour window
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00:01:11,572 --> 00:01:13,074
between 5:00 and 7:00 a.m.
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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.
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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.
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00:01:22,583 --> 00:01:24,419
Have them search
around the docks.
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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.
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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.
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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.
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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?
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00:01:53,656 --> 00:01:54,657
- Yeah.
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00:01:54,699 --> 00:01:55,699
A dead guy.
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00:01:58,035 --> 00:01:59,620
Nothing else.
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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...
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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.
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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.
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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
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00:03:26,374 --> 00:03:28,418
from his hometown once
he started law school.
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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.
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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.
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00:03:43,641 --> 00:03:45,077
We have a warrant to
search this apartment
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00:03:45,101 --> 00:03:46,394
for the victim's cell phone.
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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.
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00:03:54,861 --> 00:03:59,866
- Sebastian, you know anything
about a missing cell phone?
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00:04:11,335 --> 00:04:12,754
- Police!
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00:04:17,467 --> 00:04:18,843
Clear.
64
00:04:21,012 --> 00:04:22,889
NYPD!
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00:04:22,930 --> 00:04:24,515
- Police!
66
00:04:31,939 --> 00:04:33,357
Hey, Sebastian.
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00:04:35,526 --> 00:04:36,778
I know you're in here.
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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.
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00:05:06,641 --> 00:05:08,976
- Like I keep saying, I
didn't do anything wrong.
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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?
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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
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00:05:26,702 --> 00:05:28,222
with all those stolen
cell phones you had?
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00:05:28,246 --> 00:05:30,164
- To be honest, we don't
care about the phones.
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00:05:30,206 --> 00:05:31,374
We care about murders.
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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.
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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,
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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
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00:06:44,238 --> 00:06:46,991
steals stuff from dead guys.
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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
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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.
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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.
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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,
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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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