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In the criminal justice system,
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the people are represented
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00:00:12,795 --> 00:00:15,189
by two separate,
yet equally important groups:
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00:00:15,189 --> 00:00:17,017
the police,
who investigate crime,
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00:00:17,017 --> 00:00:19,889
and the district attorneys,
who prosecute the offenders.
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These are their stories.
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Hey, you!
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00:00:27,070 --> 00:00:28,724
Hey! Hold on a minute!
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00:00:28,724 --> 00:00:29,942
Hands in the air!
- Oh, hey! Wait! Whoa!
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00:00:29,942 --> 00:00:31,248
- Now!
- Hey, guys!
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00:00:31,248 --> 00:00:32,858
Whoa! On a job!
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I'm headed to a murder scene
right around the corner.
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And what'd I say
about those hands?
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Officer,
they're still in the air, OK?
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00:00:39,039 --> 00:00:41,302
I'm a detective with the 2-7.
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00:00:41,302 --> 00:00:43,086
- Hey, get on the ground.
- There's no need for that.
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00:00:43,086 --> 00:00:44,174
You gotta listen
to what I'm saying.
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You heard him.
Down on the ground.
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00:00:45,784 --> 00:00:46,959
Do it now.
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00:00:46,959 --> 00:00:47,960
You can put the weapon down.
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I'm with the 2-7.
I'm a detective.
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My shield is in my coat.
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I'm just gonna
show you my shield, OK?
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00:00:55,664 --> 00:00:57,448
This doesn't have to escalate.
- Don't do it.
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00:00:57,448 --> 00:00:59,015
- Hey! Hey!
- No, listen!
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00:00:59,015 --> 00:01:00,538
Listen to me!
- Calm down!
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00:01:00,538 --> 00:01:02,062
- You're making a mistake!
- Stand still!
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00:01:02,062 --> 00:01:03,628
- Stop moving! Comply!
- Hey! Hey! Hey!
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00:01:03,628 --> 00:01:05,152
What the hell are you doing?
What the hell are you doing?
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That's my partner!
We're on the job!
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We're detectives of the 2-7!
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Get off him!
- Get the hell off me!
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00:01:10,983 --> 00:01:12,289
- Hey, back off!
- That's my partner!
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What the hell
is wrong with you?
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- What's wrong with us?
- Idiot!
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Idiot!
What is wrong with you?
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Why? Why?
- Easy, easy, easy, easy.
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What's wrong with you,
you idiot?
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00:01:19,383 --> 00:01:20,993
We thought
he was a murder suspect!
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00:01:20,993 --> 00:01:23,692
- Why? Why did you think that?
- Jalen, easy. Easy.
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00:01:23,692 --> 00:01:24,867
- Did you see what he just did?
- Yes, I did.
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Hey, a lot of people
say they're cops.
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Do they have a badge?
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It's just
a misunderstanding, OK?
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We're just trying
to do our jobs, bro.
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- Yeah, doing our jobs.
- Taking your badges down.
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- Don't do that. Come on.
- That's not your job!
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- Guys, get out of here.
- This is not over.
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00:01:36,705 --> 00:01:38,750
- I said get out of here!
- Hey, you're gonna be sorry!
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00:01:38,750 --> 00:01:41,449
- We're gonna be sorry, huh?
- You're gonna be sorry!
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- Just walk away!
- Get the hell out of here!
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Jalen. Jalen, easy, easy.
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I know. Easy.
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You good?
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Yeah.
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Just another day in paradise.
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00:02:48,168 --> 00:02:50,735
Likely cause of death is
blunt force trauma to the head.
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00:02:50,735 --> 00:02:53,738
Ooh, smells like
he took a bath in merlot.
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00:02:53,738 --> 00:02:57,699
That bottle is probably
the murder weapon.
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You think?
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00:02:59,004 --> 00:03:00,658
Bag that.
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00:03:00,658 --> 00:03:03,313
Get it over to the lab.
Check the DNA.
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00:03:03,313 --> 00:03:05,924
- Any witnesses?
- None so far.
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00:03:07,535 --> 00:03:08,797
Who found the body?
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A sanitation worker.
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00:03:10,364 --> 00:03:12,975
A lot of door cams
on this block.
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00:03:12,975 --> 00:03:14,933
Get a video canvass
of the area as well.
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00:03:14,933 --> 00:03:18,894
Oh, the killer left
a $5,000 watch.
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00:03:18,894 --> 00:03:20,374
And his cell phone.
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Not a robbery.
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00:03:22,332 --> 00:03:24,856
- Is that the wallet?
- Yeah.
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Still got cash
and credit cards.
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Darian Marshall, MD.
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A doctor.
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What's that Bible saying?
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He saved others,
but he couldn't save himself.
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Hey.
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00:03:54,059 --> 00:03:55,800
How's it going?
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00:03:58,629 --> 00:04:00,805
- What are you doing here?
- Peace offering.
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00:04:02,546 --> 00:04:04,156
I came here to apologize.
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00:04:04,156 --> 00:04:05,854
Yeah, I see that.
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00:04:05,854 --> 00:04:07,856
You're not much
for small talk.
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Correct.
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00:04:10,293 --> 00:04:11,425
OK.
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00:04:13,122 --> 00:04:15,516
I'm up for detective.
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00:04:15,516 --> 00:04:17,605
You filing a complaint against
me is not going to help,
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00:04:17,605 --> 00:04:20,999
so I'm asking you to look past
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my unfortunate and emotional
reaction to the situation.
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00:04:25,395 --> 00:04:27,441
We were looking for a killer.
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00:04:27,441 --> 00:04:29,007
Tensions were high.
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00:04:29,007 --> 00:04:31,662
Yeah. Then along came
a big, strapping brother,
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so he'll do, right?
- That's not what I--
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You had your guns drawn,
pointed at me.
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00:04:36,667 --> 00:04:38,713
You didn't even give me
a chance to show you my badge.
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00:04:38,713 --> 00:04:40,497
We thought we were
staring down the suspect
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00:04:40,497 --> 00:04:41,759
of a murder investigation.
- No, no, no, no, no.
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00:04:41,759 --> 00:04:44,371
You knew you were
looking at a Black man,
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00:04:44,371 --> 00:04:45,763
and you assumed
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00:04:45,763 --> 00:04:47,896
that he was a subject
of a murder investigation.
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00:04:47,896 --> 00:04:50,464
For all you knew, it could
have been a 5' white woman.
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00:04:50,464 --> 00:04:51,987
It's always about race.
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00:04:51,987 --> 00:04:54,772
It always is with you guys,
isn't it?
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00:04:54,772 --> 00:04:56,165
Do what you gotta do, Detective,
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00:04:56,165 --> 00:04:58,646
but I'd think real hard
about your next move.
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00:05:01,736 --> 00:05:03,346
You threatening me?
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00:05:03,346 --> 00:05:06,741
I'm just saying,
this is the brotherhood.
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00:05:06,741 --> 00:05:09,352
Brotherhood based
on the color blue.
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Victim is a heart surgeon.
As of now, no witnesses.
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- Video?
- Nothing so far.
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Any indication
it was a mugging?
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Victim had a wallet
full of cash in his pocket
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and expensive jewelry on,
so I don't think so.
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Maybe it was
a drug deal gone bad.
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It's possible, but he was
a cardiothoracic surgeon,
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so why--
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Just riffing here, Jalen.
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Not a lot of trafficking
in that area, Lieu.
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There was no paraphernalia
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00:05:51,829 --> 00:05:54,615
or residue
in the victim's possessions,
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00:05:54,615 --> 00:05:57,313
and there was no drugs
or alcohol in his system.
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00:05:57,313 --> 00:05:59,054
- ME give a time of death?
- Yeah.
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Sometime between
9:00 p.m. and midnight.
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00:06:01,404 --> 00:06:02,405
What else do we know
about the vic?
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00:06:02,405 --> 00:06:03,667
Divorced.
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00:06:03,667 --> 00:06:05,277
Lived and worked
in the Upper East Side.
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00:06:05,277 --> 00:06:07,279
Any reason why he was down
in the meatpacking district?
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00:06:07,279 --> 00:06:09,499
Not yet, but we are
running his financials.
128
00:06:09,499 --> 00:06:10,935
Put together a timeline.
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00:06:10,935 --> 00:06:12,894
We'll start at the hospital
where he worked.
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00:06:22,556 --> 00:06:25,689
Down to earth, friendly.
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00:06:25,689 --> 00:06:28,300
Dr. Marshall was one
of the good ones.
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Always made a point of asking
about my wife and kids.
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00:06:34,089 --> 00:06:35,525
There it is.
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00:06:37,092 --> 00:06:40,182
Time stamp says
he left at 7:42 p.m.
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00:06:40,182 --> 00:06:41,531
Look at that guy.
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00:06:41,531 --> 00:06:43,446
He seems to be
following Dr. Marshall.
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00:06:43,446 --> 00:06:45,405
Do you have any video
from outside?
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00:06:45,405 --> 00:06:46,971
Check it out.
139
00:06:46,971 --> 00:06:49,539
Yeah, Marshall's
talking to that guy.
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00:06:49,539 --> 00:06:51,236
Who is he?
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00:06:51,236 --> 00:06:52,977
His name's Hopkins.
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00:06:52,977 --> 00:06:56,024
He's a doctor.
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00:06:56,024 --> 00:06:58,330
Thank you.
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00:06:58,330 --> 00:07:00,463
I heard what happened.
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00:07:00,463 --> 00:07:03,292
Tragic. A real loss.
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00:07:03,292 --> 00:07:06,643
But I'm not sure
how I can help.
147
00:07:06,643 --> 00:07:08,863
Dr. Hopkins, is there
anyone you can think of
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00:07:08,863 --> 00:07:10,952
who wanted to hurt him?
- No.
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00:07:12,562 --> 00:07:14,172
I may not be
the right person to ask.
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00:07:14,172 --> 00:07:15,913
I didn't know him that well.
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00:07:15,913 --> 00:07:19,569
You worked together
for a couple of years.
152
00:07:19,569 --> 00:07:22,050
Yeah.
How did you two get along?
153
00:07:22,050 --> 00:07:24,966
We were cordial.
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00:07:26,794 --> 00:07:28,491
If I think of anything,
I'll let you know.
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00:07:28,491 --> 00:07:29,753
I need to get back
to my patients.
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00:07:29,753 --> 00:07:32,277
Oh, according
to the chief of surgery,
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00:07:32,277 --> 00:07:34,410
you're not allowed
to see patients anymore, right?
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00:07:34,410 --> 00:07:36,107
You're on administrative duty.
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00:07:36,107 --> 00:07:39,023
And we understand
that Dr. Marshall had something
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00:07:39,023 --> 00:07:41,025
to do with that.
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00:07:41,025 --> 00:07:43,027
I think I'd like
to contact my attorney.
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00:07:43,027 --> 00:07:46,248
I think that attorney should
meet you down to the precinct.
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00:07:50,208 --> 00:07:51,775
We got you on video
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00:07:51,775 --> 00:07:54,299
two hours
before Dr. Marshall was killed.
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00:07:54,299 --> 00:07:56,780
You were yelling at him.
You shoved him into a wall.
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00:07:56,780 --> 00:07:58,695
Plus, we know
that Dr. Marshall
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was accusing you of misconduct.
168
00:08:01,132 --> 00:08:02,699
Said that you were
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00:08:02,699 --> 00:08:05,485
performing unnecessary
bypass surgeries on patients.
170
00:08:05,485 --> 00:08:07,791
Dr. Hopkins will be
fully exonerated.
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00:08:07,791 --> 00:08:09,880
Dr. Marshall was scheduled
to testify against you.
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I've done nothing wrong.
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I present the pros and cons
of the surgery,
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00:08:13,667 --> 00:08:16,147
and patients made
their own risk assessments.
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00:08:16,147 --> 00:08:18,498
Marshall's patients
didn't trust him.
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00:08:18,498 --> 00:08:21,718
A lot of them ended up coming
to me for second opinions.
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00:08:21,718 --> 00:08:23,894
So Dr. Marshall
cooked up a bunch of lies
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to make himself look better.
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00:08:25,809 --> 00:08:28,377
The Department of Public
Health might beg to differ.
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00:08:28,377 --> 00:08:30,161
Come on.
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00:08:30,161 --> 00:08:32,642
Clearly, you had a bone
to pick with the man.
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00:08:32,642 --> 00:08:35,036
You're right.
I couldn't stand him.
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00:08:35,036 --> 00:08:37,821
He was sanctimonious, butted
into everyone's business,
184
00:08:37,821 --> 00:08:39,431
but that doesn't mean
I killed him.
185
00:08:39,431 --> 00:08:42,522
Where'd you go that night
after you left the hospital?
186
00:08:42,522 --> 00:08:43,958
A theater.
187
00:08:46,047 --> 00:08:49,006
Dr. Hopkins's alibi
checks out.
188
00:08:49,006 --> 00:08:50,660
He went to the theater
with his wife.
189
00:08:50,660 --> 00:08:53,837
Saw "Othello,"
in case you were wondering.
190
00:08:53,837 --> 00:08:56,318
Then they had dinner,
car service home.
191
00:08:56,318 --> 00:08:58,886
So I got ticket stubs, credit
card receipts, and video.
192
00:08:58,886 --> 00:09:00,714
I just got
into the victim's phone.
193
00:09:00,714 --> 00:09:02,716
The last time he used it
was for a rideshare app.
194
00:09:02,716 --> 00:09:05,806
Car picked him up
at Mercy General at 7:48 p.m.
195
00:09:05,806 --> 00:09:07,590
- Where'd he go?
- A condo building
196
00:09:07,590 --> 00:09:09,592
two blocks
from the crime scene.
197
00:09:09,592 --> 00:09:10,680
On our way.
198
00:09:10,680 --> 00:09:12,116
Nice work, Yee.
199
00:09:12,116 --> 00:09:14,771
Thanks.
200
00:09:14,771 --> 00:09:16,643
So you made up your mind?
201
00:09:16,643 --> 00:09:18,645
You gonna file the report?
202
00:09:18,645 --> 00:09:20,951
Not sure.
203
00:09:20,951 --> 00:09:23,475
Any words of wisdom
you wanna impart?
204
00:09:23,475 --> 00:09:25,216
Nothing
you haven't heard before.
205
00:09:25,216 --> 00:09:27,436
Blue wall. Brotherhood.
206
00:09:27,436 --> 00:09:30,004
Best to resolve these things
off the record.
207
00:09:30,004 --> 00:09:33,050
You know,
all those cop clichés.
208
00:09:33,050 --> 00:09:35,923
But they are clichés
for a reason.
209
00:09:35,923 --> 00:09:37,664
You're not saying I should
turn the other cheek, are you?
210
00:09:37,664 --> 00:09:40,144
I'm saying
that cops have long memories.
211
00:09:40,144 --> 00:09:41,450
But I'm white.
212
00:09:41,450 --> 00:09:43,321
Things like that never happen
to guys like me.
213
00:09:43,321 --> 00:09:45,628
- Nope.
- But...
214
00:09:49,414 --> 00:09:52,635
If you wanna press charges
and roll these pricks up,
215
00:09:52,635 --> 00:09:54,724
I got your back till the end.
216
00:09:54,724 --> 00:09:56,334
Appreciate that, Frank.
217
00:10:05,953 --> 00:10:08,651
Darian and I had our issues,
but he was a good man.
218
00:10:08,651 --> 00:10:10,522
Worked really hard
to get where he was.
219
00:10:10,522 --> 00:10:12,960
He was a great father too.
220
00:10:12,960 --> 00:10:14,875
Please.
- Thank you.
221
00:10:14,875 --> 00:10:16,703
When did you two split up?
222
00:10:18,661 --> 00:10:21,446
We finalized the divorce
a couple months ago.
223
00:10:21,446 --> 00:10:24,058
And why did he come by here
last night?
224
00:10:24,058 --> 00:10:27,017
He came to see our daughter.
We just moved in.
225
00:10:27,017 --> 00:10:28,366
Darian had never
been here before.
226
00:10:28,366 --> 00:10:30,673
And how long did he stay?
227
00:10:30,673 --> 00:10:33,676
About an hour.
We all had dinner together.
228
00:10:33,676 --> 00:10:35,852
Did he happen to mention
where he was going afterwards?
229
00:10:35,852 --> 00:10:38,289
No.
230
00:10:38,289 --> 00:10:40,378
I kind of
rushed him out of here.
231
00:10:40,378 --> 00:10:45,122
My new boyfriend was
coming over, and he...
232
00:10:45,122 --> 00:10:46,907
I didn't want any drama.
233
00:10:46,907 --> 00:10:49,257
What?
Those two don't get along?
234
00:10:49,257 --> 00:10:50,562
No.
235
00:10:50,562 --> 00:10:53,870
Greg, my boyfriend,
he gets jealous.
236
00:10:53,870 --> 00:10:58,701
So Darian leaves, and then
your boyfriend comes over?
237
00:10:58,701 --> 00:11:00,050
Yeah.
238
00:11:00,050 --> 00:11:02,662
But he saw there were
three plates in the sink,
239
00:11:02,662 --> 00:11:05,752
knew Darian had just been here,
and he left.
240
00:11:05,752 --> 00:11:09,016
He just left because there
were three plates in the sink?
241
00:11:09,016 --> 00:11:11,540
Like I said,
he gets jealous of Darian.
242
00:11:11,540 --> 00:11:13,803
And how long did he stay?
243
00:11:13,803 --> 00:11:15,326
I don't know.
244
00:11:15,326 --> 00:11:16,850
Maybe ten minutes.
245
00:11:19,200 --> 00:11:21,985
We need to talk to Greg.
246
00:11:21,985 --> 00:11:23,770
Immediately.
247
00:11:28,035 --> 00:11:29,732
The guy was a pompous ass,
248
00:11:29,732 --> 00:11:31,908
always hanging
around my girlfriend.
249
00:11:31,908 --> 00:11:33,997
Couldn't just let her go,
live her life.
250
00:11:33,997 --> 00:11:35,825
They got a kid together.
251
00:11:35,825 --> 00:11:37,305
Yeah, I know.
252
00:11:37,305 --> 00:11:39,786
It wasn't just that.
It was his attitude too.
253
00:11:39,786 --> 00:11:42,223
He was always acting like he
was better than everyone else
254
00:11:42,223 --> 00:11:43,615
just because he was a doctor.
255
00:11:43,615 --> 00:11:45,226
- You see him last night?
- Whoa. Hold on.
256
00:11:45,226 --> 00:11:47,837
I didn't kill the guy if
that's what you're getting at.
257
00:11:47,837 --> 00:11:49,317
I didn't ask you that.
258
00:11:49,317 --> 00:11:51,362
Where'd you go after you
left your girlfriend's house?
259
00:11:51,362 --> 00:11:52,755
I came back here.
260
00:11:52,755 --> 00:11:54,409
Here?
261
00:11:54,409 --> 00:11:56,759
That's kind of late.
After 9:00?
262
00:11:56,759 --> 00:11:58,935
I sell security systems.
263
00:11:58,935 --> 00:12:00,937
Every night, I collect
all the data from the apps,
264
00:12:00,937 --> 00:12:03,331
the ones that report all
the local criminal activity,
265
00:12:03,331 --> 00:12:05,725
and I post the results
on social media.
266
00:12:05,725 --> 00:12:08,423
You report criminal activity
in this area?
267
00:12:08,423 --> 00:12:10,468
Things are
kind of tame around here.
268
00:12:10,468 --> 00:12:11,948
Not according to the apps.
269
00:12:11,948 --> 00:12:15,778
My orders have quadrupled
in the last three months.
270
00:12:15,778 --> 00:12:17,998
What can I say?
Fear's a powerful sales tactic.
271
00:12:17,998 --> 00:12:21,131
What can I say?
Alibis need verification.
272
00:12:21,131 --> 00:12:23,090
Sure.
273
00:12:23,090 --> 00:12:25,309
Three employees were
still working when I got here,
274
00:12:25,309 --> 00:12:26,658
plus,
I've got surveillance cameras
275
00:12:26,658 --> 00:12:28,530
inside and outside the office.
276
00:12:30,488 --> 00:12:32,708
Big surprise.
277
00:12:33,970 --> 00:12:35,624
We can cross Donnelly
off the list.
278
00:12:35,624 --> 00:12:37,234
He definitely was
at his office that night
279
00:12:37,234 --> 00:12:38,932
and didn't leave
till after midnight.
280
00:12:38,932 --> 00:12:40,237
Yeah, we checked on the posts
that he was talking about too.
281
00:12:40,237 --> 00:12:41,499
What kind of posts?
282
00:12:41,499 --> 00:12:42,936
There's these apps
that people use
283
00:12:42,936 --> 00:12:44,851
to report crimes in their area.
- My wife uses it.
284
00:12:44,851 --> 00:12:46,374
Checks out what's going on
in the neighborhood.
285
00:12:46,374 --> 00:12:47,810
Yeah,
so according to these apps,
286
00:12:47,810 --> 00:12:49,464
there was
three robberies reported
287
00:12:49,464 --> 00:12:52,119
in the vicinity
of Dr. Marshall's murder.
288
00:12:52,119 --> 00:12:53,685
We spoke to two of the vics.
289
00:12:53,685 --> 00:12:55,035
The first one,
bodega owner
290
00:12:55,035 --> 00:12:57,472
who accused a kid
of stealing a candy bar.
291
00:12:57,472 --> 00:13:00,605
The second one was
a 55-year-old divorceé
292
00:13:00,605 --> 00:13:03,347
who accused a Hispanic man
of looking at her funny.
293
00:13:03,347 --> 00:13:04,609
What about the third?
294
00:13:04,609 --> 00:13:06,263
Just found him,
and we're going there now.
295
00:13:06,263 --> 00:13:07,438
All right.
296
00:13:07,438 --> 00:13:09,397
Let's hope
third time's a charm.
297
00:13:12,269 --> 00:13:13,444
What is this about?
298
00:13:13,444 --> 00:13:16,360
Did you find
the guy who robbed me?
299
00:13:16,360 --> 00:13:18,188
No, we were actually hoping
300
00:13:18,188 --> 00:13:20,582
that you could shed some light
on the incident for us.
301
00:13:20,582 --> 00:13:22,627
I already told you
everything that I know.
302
00:13:22,627 --> 00:13:24,542
If you don't mind,
we'd like to go over it again.
303
00:13:24,542 --> 00:13:26,718
There's a possibility
that it's connected
304
00:13:26,718 --> 00:13:29,852
to a murder
that we're investigating.
305
00:13:29,852 --> 00:13:31,854
Murder?
306
00:13:31,854 --> 00:13:33,508
Really?
307
00:13:33,508 --> 00:13:37,033
We're not the robbery cops.
308
00:13:37,033 --> 00:13:40,863
Um, so...
309
00:13:40,863 --> 00:13:42,952
he approached me from behind.
310
00:13:42,952 --> 00:13:45,389
He asked for my phone,
my wallet.
311
00:13:45,389 --> 00:13:47,565
I give him both.
312
00:13:47,565 --> 00:13:49,741
And then, this guy,
313
00:13:49,741 --> 00:13:51,874
he cracks me over the head
with something.
314
00:13:51,874 --> 00:13:55,399
- Could it have been a bottle?
- Uh, yeah.
315
00:13:55,399 --> 00:13:57,880
Whatever it was, it knocked me
unconscious for a second.
316
00:13:57,880 --> 00:13:59,751
Do you remember
what this guy looked like?
317
00:13:59,751 --> 00:14:02,232
Maybe his height,
his weight, his race?
318
00:14:02,232 --> 00:14:06,410
Black. 5'7"-ish. Stocky.
319
00:14:06,410 --> 00:14:08,064
Approximate age?
320
00:14:08,064 --> 00:14:10,719
He's young. 18, 19.
321
00:14:10,719 --> 00:14:12,068
Do you remember anything
about his appearance?
322
00:14:12,068 --> 00:14:13,156
His clothing?
323
00:14:13,156 --> 00:14:15,071
Ski jacket.
324
00:14:15,071 --> 00:14:18,509
Some kind of wool cap.
325
00:14:25,386 --> 00:14:27,518
Mr. Burke, are you OK?
326
00:14:27,518 --> 00:14:29,172
Not really.
327
00:14:32,523 --> 00:14:34,438
It was traumatic, all right?
328
00:14:34,438 --> 00:14:37,615
I don't love reliving it.
329
00:14:37,615 --> 00:14:40,705
I thought
that I was gonna die, so...
330
00:14:40,705 --> 00:14:43,883
And I didn't know anything
about this recent tragedy.
331
00:14:43,883 --> 00:14:46,102
After what happened,
I don't really walk around
332
00:14:46,102 --> 00:14:47,364
after dark anymore.
333
00:14:47,364 --> 00:14:48,931
We understand.
334
00:14:48,931 --> 00:14:52,152
If that's all, I'd like
you guys to leave, please.
335
00:14:54,981 --> 00:14:56,156
Thank you.
336
00:15:03,815 --> 00:15:06,209
Hey, Lieu,
Brian Burke's robbery
337
00:15:06,209 --> 00:15:08,951
and Dr. Marshall's murder
could be connected.
338
00:15:08,951 --> 00:15:10,953
Both victims were approached
from behind,
339
00:15:10,953 --> 00:15:12,955
hit in the head
with blunt objects.
340
00:15:12,955 --> 00:15:14,696
They happened
in the same vicinity,
341
00:15:14,696 --> 00:15:16,132
around the same time of night.
342
00:15:16,132 --> 00:15:18,874
All right, let's check
the video and door cam footage
343
00:15:18,874 --> 00:15:20,484
from the night
of Marshall's murder
344
00:15:20,484 --> 00:15:23,139
and see if anyone in the area
matches Burke's description.
345
00:15:23,139 --> 00:15:24,227
Done. Vi's on it.
346
00:15:24,227 --> 00:15:26,360
Hey.
Can I talk to you for a sec?
347
00:15:26,360 --> 00:15:27,622
Just come on in.
348
00:15:27,622 --> 00:15:29,189
Shut the door.
349
00:15:32,496 --> 00:15:34,150
- What's up?
- So I got a call
350
00:15:34,150 --> 00:15:37,458
from Wagner and Farley's
union rep today.
351
00:15:37,458 --> 00:15:39,547
Yeah.
352
00:15:39,547 --> 00:15:42,289
OK.
It was only a matter of time.
353
00:15:42,289 --> 00:15:44,160
What's he wanna do? Mediate?
354
00:15:44,160 --> 00:15:45,988
More like attack.
355
00:15:47,381 --> 00:15:48,599
Excuse me?
356
00:15:48,599 --> 00:15:50,079
He's coming for you.
357
00:15:50,079 --> 00:15:52,995
He said that you violated
departmental rules
358
00:15:52,995 --> 00:15:54,475
by refusing
to get on the ground.
359
00:15:54,475 --> 00:15:56,216
They said I...
360
00:15:56,216 --> 00:15:58,087
That lawyer can kiss my ass.
How about that?
361
00:15:58,087 --> 00:16:02,526
I would not be so quick
to dismiss that.
362
00:16:02,526 --> 00:16:03,701
You gotta trust me.
363
00:16:03,701 --> 00:16:06,052
I come
from a long line of cops,
364
00:16:06,052 --> 00:16:08,141
and I know exactly how
this thing is gonna play out.
365
00:16:08,141 --> 00:16:11,013
Lieu, those two cops
crossed the line.
366
00:16:11,013 --> 00:16:13,059
They wouldn't listen
to a word I was saying.
367
00:16:13,059 --> 00:16:15,365
They wouldn't
let me badge them.
368
00:16:15,365 --> 00:16:16,758
They had their guns drawn.
369
00:16:16,758 --> 00:16:18,629
They were practically
itching to light me up.
370
00:16:18,629 --> 00:16:19,935
It's your call.
371
00:16:19,935 --> 00:16:21,415
I just need to let you know
what's going on.
372
00:16:21,415 --> 00:16:24,374
And whatever you decide,
you've got my full support.
373
00:16:24,374 --> 00:16:26,724
You just have to understand
374
00:16:26,724 --> 00:16:29,553
what you're
stepping into right now.
375
00:16:29,553 --> 00:16:32,252
- What does that mean?
- Come on, Jalen.
376
00:16:32,252 --> 00:16:34,994
As much as I hate to admit it,
you know exactly how it works
377
00:16:34,994 --> 00:16:36,908
when a cop
goes after another cop.
378
00:16:36,908 --> 00:16:38,388
I'm not the bad guy here.
379
00:16:38,388 --> 00:16:41,826
Look, the department
is making so many changes,
380
00:16:41,826 --> 00:16:44,438
so many for the good,
but when it comes to this--
381
00:16:44,438 --> 00:16:45,569
this thing--
382
00:16:45,569 --> 00:16:48,050
we are stuck back in 1974.
383
00:16:48,050 --> 00:16:50,139
So it doesn't even matter
how right you are.
384
00:16:50,139 --> 00:16:51,880
And I know.
385
00:16:51,880 --> 00:16:54,013
I know you're right.
386
00:16:57,320 --> 00:17:01,150
This is the kind of thing that
is gonna destroy your career.
387
00:17:04,284 --> 00:17:05,676
OK.
388
00:17:07,417 --> 00:17:09,811
I get it.
389
00:17:09,811 --> 00:17:12,640
We're supposed
to protect each other, right?
390
00:17:12,640 --> 00:17:14,381
All those rah-rah speeches
391
00:17:14,381 --> 00:17:17,819
about being blue
and protecting your brother,
392
00:17:17,819 --> 00:17:19,734
they were written
by white guys.
393
00:17:21,997 --> 00:17:24,608
So you can tell
that union lawyer
394
00:17:24,608 --> 00:17:26,088
and those two white cops
395
00:17:26,088 --> 00:17:29,439
they are trying
to scare the wrong man.
396
00:17:29,439 --> 00:17:31,050
OK.
397
00:17:31,050 --> 00:17:32,355
I'm gonna call internal affairs
398
00:17:32,355 --> 00:17:34,662
and tell them
you're moving forward.
399
00:17:36,490 --> 00:17:38,057
Thank you.
400
00:17:57,598 --> 00:17:59,556
I've gone through
every shred of video
401
00:17:59,556 --> 00:18:01,384
from the night of the murder.
402
00:18:01,384 --> 00:18:02,994
I can't find anyone
who even remotely fits
403
00:18:02,994 --> 00:18:05,214
Burke's description
of the guy who robbed him.
404
00:18:05,214 --> 00:18:06,563
Worth a shot.
405
00:18:06,563 --> 00:18:08,739
I did find
something interesting, though.
406
00:18:08,739 --> 00:18:11,090
Surveillance video
from Burke's neighbor.
407
00:18:11,090 --> 00:18:12,700
Check it out.
408
00:18:15,398 --> 00:18:16,747
That's Burke.
409
00:18:16,747 --> 00:18:19,402
Taken around the time
of the murder, 10:04 p.m.
410
00:18:19,402 --> 00:18:21,274
- Play the video.
- Mm-hmm.
411
00:18:23,798 --> 00:18:25,452
His hands are shaking so much,
412
00:18:25,452 --> 00:18:27,845
he can barely
hold on to his keys.
413
00:18:32,198 --> 00:18:35,288
I thought you didn't go out
after dark anymore.
414
00:18:35,288 --> 00:18:37,159
- What are you--
- 'Cause we got a receipt
415
00:18:37,159 --> 00:18:39,857
that shows you purchased
a bottle of wine
416
00:18:39,857 --> 00:18:44,035
at a local liquor store
at 9:47 p.m.
417
00:18:44,035 --> 00:18:46,603
And there's a video of you
15 minutes later
418
00:18:46,603 --> 00:18:49,389
that puts you a block
from the crime scene,
419
00:18:49,389 --> 00:18:51,826
and you're not holding
a bottle of wine anymore.
420
00:18:51,826 --> 00:18:54,437
So the only question
I have for you now is,
421
00:18:54,437 --> 00:18:56,309
why did you do it?
422
00:18:56,309 --> 00:18:57,919
This is outrageous.
423
00:18:57,919 --> 00:19:00,791
My client is the victim
of a violent crime.
424
00:19:00,791 --> 00:19:02,619
Why don't you save
your outrage and indignation
425
00:19:02,619 --> 00:19:04,882
and just have your client
tell us what happened?
426
00:19:07,624 --> 00:19:10,975
Go ahead. Tell them.
427
00:19:10,975 --> 00:19:12,455
It was self-defense.
428
00:19:16,677 --> 00:19:18,461
You're saying he came to you.
429
00:19:18,461 --> 00:19:19,810
He approached me from behind,
430
00:19:19,810 --> 00:19:21,986
and he pretended
to ask for directions.
431
00:19:21,986 --> 00:19:23,597
And then, I turn around
to get a look at the guy,
432
00:19:23,597 --> 00:19:25,294
and I see he has something
in his hand, a gun,
433
00:19:25,294 --> 00:19:28,297
so I hit him over the head
with the only thing that I had,
434
00:19:28,297 --> 00:19:29,690
which was a wine bottle.
435
00:19:29,690 --> 00:19:31,213
And then,
you just fled the scene.
436
00:19:31,213 --> 00:19:33,128
- Yeah, I panicked.
- You didn't try to help him?
437
00:19:33,128 --> 00:19:34,608
Call 911?
438
00:19:34,608 --> 00:19:37,437
No, I ran home.
I called a lawyer.
439
00:19:37,437 --> 00:19:39,178
She said do nothing.
440
00:19:39,178 --> 00:19:41,092
I can verify that.
441
00:19:41,092 --> 00:19:42,703
Great advice, Counselor.
442
00:19:42,703 --> 00:19:46,097
You see, Darian Marshall...
443
00:19:46,097 --> 00:19:48,752
was really asking you
for directions.
444
00:19:48,752 --> 00:19:50,406
And he wasn't holding a gun.
445
00:19:50,406 --> 00:19:53,670
It was a cell phone.
446
00:19:53,670 --> 00:19:56,934
He was
a well-regarded heart surgeon,
447
00:19:56,934 --> 00:20:01,722
and you left him on the street
to die like an animal.
448
00:20:03,071 --> 00:20:05,943
No more questions.
We're done.
449
00:20:09,251 --> 00:20:11,688
- You believe him?
- I definitely don't think
450
00:20:11,688 --> 00:20:13,342
he set out
to kill anyone that night.
451
00:20:13,342 --> 00:20:14,691
That's for sure.
- Yeah.
452
00:20:14,691 --> 00:20:16,606
It doesn't mean
it was self-defense either.
453
00:20:16,606 --> 00:20:18,304
Let me call Price.
See what he thinks.
454
00:20:18,304 --> 00:20:19,653
Excuse me.
455
00:20:19,653 --> 00:20:23,047
Detective Shaw?
- Yeah.
456
00:20:23,047 --> 00:20:25,311
I'm Sergeant Frank Matthews,
Internal Affairs.
457
00:20:25,311 --> 00:20:26,529
You got a minute?
458
00:20:26,529 --> 00:20:28,705
Absolutely.
We can talk in here.
459
00:20:33,536 --> 00:20:34,972
Thank you for coming so soon.
460
00:20:34,972 --> 00:20:36,713
I know Lieutenant Dixon
just reached out to you,
461
00:20:36,713 --> 00:20:37,758
so I appreciate it.
462
00:20:37,758 --> 00:20:40,543
I'm not here about that.
463
00:20:40,543 --> 00:20:42,153
OK. What are you here for?
464
00:20:42,153 --> 00:20:45,548
Officers Wagner and Farley
filed a complaint against you.
465
00:20:45,548 --> 00:20:48,464
You're here
to investigate me?
466
00:20:48,464 --> 00:20:49,987
You can get in touch
with your union rep
467
00:20:49,987 --> 00:20:51,728
and consult an attorney
if you want.
468
00:20:51,728 --> 00:20:54,383
I don't need a lawyer.
I don't--
469
00:20:54,383 --> 00:20:56,733
The officers claim
they ordered you to the ground.
470
00:20:56,733 --> 00:20:58,300
They did, and I refused.
471
00:20:58,300 --> 00:21:01,085
I wasn't about
to get on my knees for anybody,
472
00:21:01,085 --> 00:21:02,609
much less those two cops.
473
00:21:02,609 --> 00:21:04,480
Now, you and I both know
what could have happened
474
00:21:04,480 --> 00:21:06,221
if I had complied.
475
00:21:06,221 --> 00:21:10,878
Look, sometimes
you have to let things slide.
476
00:21:10,878 --> 00:21:13,054
Keep an eye on the big picture.
- OK.
477
00:21:13,054 --> 00:21:15,361
I've had to put up with
a lot to get to where I am.
478
00:21:15,361 --> 00:21:18,102
If you drop your complaint,
I'm confident they will too.
479
00:21:18,102 --> 00:21:19,626
Right.
480
00:21:19,626 --> 00:21:21,628
I understand
what it feels like
481
00:21:21,628 --> 00:21:23,412
to be on the other end
of the nonsense.
482
00:21:23,412 --> 00:21:25,545
I do. Trust me.
483
00:21:25,545 --> 00:21:28,112
But let's face it,
nothing really happened.
484
00:21:28,112 --> 00:21:29,113
Nobody got hurt.
485
00:21:29,113 --> 00:21:30,680
So why make a big deal
about it,
486
00:21:30,680 --> 00:21:32,639
invite all kinds
of negative attention?
487
00:21:32,639 --> 00:21:35,163
This kind of thing
makes us look bad.
488
00:21:41,474 --> 00:21:43,040
Us?
489
00:21:45,260 --> 00:21:46,957
The police.
490
00:21:48,829 --> 00:21:49,873
Right.
491
00:21:52,789 --> 00:21:54,095
Price needs to see us.
492
00:21:55,836 --> 00:21:58,012
Thanks for making time, Sergeant.
493
00:21:59,840 --> 00:22:01,276
It's a tough one.
494
00:22:01,276 --> 00:22:04,497
I'm not quite sure
what the right charge is.
495
00:22:08,196 --> 00:22:09,502
I vote murder.
496
00:22:09,502 --> 00:22:11,721
Innocent man
is walking down the street,
497
00:22:11,721 --> 00:22:13,288
minding his own business.
498
00:22:13,288 --> 00:22:14,681
He gets bashed in the head.
499
00:22:14,681 --> 00:22:16,639
I'm not really sure
what we're discussing here.
500
00:22:16,639 --> 00:22:18,380
Well, Burke could have
a legitimate claim
501
00:22:18,380 --> 00:22:19,990
of self-defense.
502
00:22:19,990 --> 00:22:21,688
He can claim
whatever he wants.
503
00:22:21,688 --> 00:22:23,951
He was never
in any actual danger.
504
00:22:23,951 --> 00:22:27,084
And he left the man
bleeding in the street.
505
00:22:27,084 --> 00:22:29,913
He had recently been the
victim of a violent mugging
506
00:22:29,913 --> 00:22:31,045
in that same neighborhood.
507
00:22:31,045 --> 00:22:33,003
His assailant
hasn't been caught.
508
00:22:33,003 --> 00:22:35,919
A physically imposing man
he's never seen before...
509
00:22:35,919 --> 00:22:40,010
Physically imposing
Black man.
510
00:22:40,010 --> 00:22:41,534
Right?
511
00:22:44,885 --> 00:22:48,541
That approached him
for no apparent reason.
512
00:22:48,541 --> 00:22:50,194
He was in fear for his life,
513
00:22:50,194 --> 00:22:52,501
even though his fear turned out
to be unwarranted.
514
00:22:52,501 --> 00:22:53,894
I'm no lawyer,
515
00:22:53,894 --> 00:22:57,332
but doesn't that fear
have to be reasonable,
516
00:22:57,332 --> 00:23:01,249
you know, from a objective
person's perspective?
517
00:23:01,249 --> 00:23:02,685
Frank Cosgrove, Esq.
518
00:23:02,685 --> 00:23:04,687
But a jury might determine
519
00:23:04,687 --> 00:23:06,602
that Burke's fear
was reasonable.
520
00:23:06,602 --> 00:23:08,735
Reasonable?
521
00:23:10,084 --> 00:23:13,435
Nolan, softening the charges...
522
00:23:13,435 --> 00:23:15,916
ratifies what they did.
523
00:23:15,916 --> 00:23:20,573
I'm simply acknowledging
the weakness of a murder case.
524
00:23:20,573 --> 00:23:23,402
You're a lawyer.
You understand that.
525
00:23:23,402 --> 00:23:25,099
I was a lawyer.
526
00:23:26,535 --> 00:23:29,408
Now, I'm a cop.
527
00:23:29,408 --> 00:23:32,062
A Black cop.
528
00:23:32,062 --> 00:23:35,936
And unfortunately,
I just got yet another lesson
529
00:23:35,936 --> 00:23:37,590
in what that means,
and what that means is,
530
00:23:37,590 --> 00:23:38,895
when you're Black
in this country,
531
00:23:38,895 --> 00:23:42,595
you are guilty
in too many people's eyes.
532
00:23:44,727 --> 00:23:48,078
Burke made a false assumption
533
00:23:48,078 --> 00:23:50,211
based
on Dr. Marshall's skin color,
534
00:23:50,211 --> 00:23:51,995
and worse,
he acted on that assumption.
535
00:23:51,995 --> 00:23:55,390
And now, Dr. Marshall,
that Black doctor, is dead.
536
00:23:57,131 --> 00:24:00,613
If that is not enough
for a murder charge,
537
00:24:00,613 --> 00:24:02,919
I gotta start rethinking
how I'm spending my time
538
00:24:02,919 --> 00:24:04,530
risking my life
in the street with Frank
539
00:24:04,530 --> 00:24:07,271
to bring you good arrests just
to watch you water them down.
540
00:24:18,979 --> 00:24:21,851
Yes, I will.
541
00:24:21,851 --> 00:24:24,027
Phone won't stop ringing.
542
00:24:24,027 --> 00:24:27,378
CEOs, heads of charities,
543
00:24:27,378 --> 00:24:31,208
more than a handful
of political donors,
544
00:24:31,208 --> 00:24:35,343
all asking me to reconsider
indicting Brian Burke.
545
00:24:35,343 --> 00:24:36,736
Doesn't surprise me.
He chairs one
546
00:24:36,736 --> 00:24:39,347
of the biggest charitable
foundations in the city.
547
00:24:39,347 --> 00:24:42,393
Everyone says
he's a good man.
548
00:24:42,393 --> 00:24:44,439
Certainly not a racist.
549
00:24:44,439 --> 00:24:46,049
I'm not challenging
his character, Jack.
550
00:24:46,049 --> 00:24:47,921
I'm challenging his actions.
551
00:24:47,921 --> 00:24:49,662
I've weighed both sides
of the equation.
552
00:24:49,662 --> 00:24:53,143
Jalen Shaw made
a compelling case.
553
00:24:53,143 --> 00:24:56,538
You want to charge murder?
554
00:24:56,538 --> 00:24:58,409
Can you prove it?
555
00:24:58,409 --> 00:25:01,108
It'll be close,
but I have to try.
556
00:25:01,108 --> 00:25:02,283
Why is that?
557
00:25:02,283 --> 00:25:03,719
If I charge manslaughter,
558
00:25:03,719 --> 00:25:06,374
what kind of message
will I be sending?
559
00:25:06,374 --> 00:25:09,899
That you can assault
and kill Black men
560
00:25:09,899 --> 00:25:11,335
because you're scared?
561
00:25:13,599 --> 00:25:15,296
Burke's lawyer wants to meet.
562
00:25:15,296 --> 00:25:16,950
Says
she has additional information
563
00:25:16,950 --> 00:25:17,951
we need to consider.
564
00:25:21,389 --> 00:25:25,262
I know
that I should have called 911.
565
00:25:25,262 --> 00:25:27,395
Why didn't you?
566
00:25:27,395 --> 00:25:30,398
I panicked.
567
00:25:30,398 --> 00:25:33,619
I know how it looks,
but I'm not a racist.
568
00:25:33,619 --> 00:25:36,099
So what is this
additional information
569
00:25:36,099 --> 00:25:38,798
you want us to consider?
570
00:25:38,798 --> 00:25:41,278
On the, um--
the night of the--
571
00:25:41,278 --> 00:25:43,629
the incident with Dr. Marshall,
572
00:25:43,629 --> 00:25:45,500
I got an alert on my phone
573
00:25:45,500 --> 00:25:49,112
that there was a
suspicious person in the area.
574
00:25:49,112 --> 00:25:50,592
Who sent the alert?
575
00:25:50,592 --> 00:25:53,073
Well, it popped up
on a neighborhood safety app.
576
00:25:53,073 --> 00:25:54,857
What did it say?
577
00:25:54,857 --> 00:25:56,642
"Be careful.
578
00:25:56,642 --> 00:25:58,948
"There's a dangerous
Black man in the area.
579
00:25:58,948 --> 00:26:00,733
"He's armed.
580
00:26:00,733 --> 00:26:02,430
Exercise extreme caution."
581
00:26:02,430 --> 00:26:04,606
Did the alert
provide a description?
582
00:26:04,606 --> 00:26:06,347
A little more than that.
583
00:26:06,347 --> 00:26:09,437
It provided a picture
of Dr. Marshall.
584
00:26:12,658 --> 00:26:16,792
So Burke actually
might be telling the truth.
585
00:26:16,792 --> 00:26:19,012
That's definitely
Dr. Marshall.
586
00:26:19,012 --> 00:26:22,798
Yeah, and these are
the posts that Burke saw.
587
00:26:22,798 --> 00:26:25,540
The first one says, "A tall
Black man just mugged someone.
588
00:26:25,540 --> 00:26:28,674
The mugger is armed
and extremely dangerous."
589
00:26:28,674 --> 00:26:31,198
Dozens of people
post comments after that.
590
00:26:31,198 --> 00:26:33,940
Another woman says
that they saw Dr. Marshall,
591
00:26:33,940 --> 00:26:35,985
and she is sure
that he's got a gun.
592
00:26:35,985 --> 00:26:38,248
Then the story
takes on a life of its own.
593
00:26:38,248 --> 00:26:40,033
It's like a dangerous
fearmongering version
594
00:26:40,033 --> 00:26:41,121
of telephone.
595
00:26:41,121 --> 00:26:42,383
Who started it?
596
00:26:42,383 --> 00:26:44,428
A man named Daniel Deluca.
597
00:26:44,428 --> 00:26:47,736
52. Works in real estate.
Lives downtown.
598
00:26:47,736 --> 00:26:50,652
And he's done
this sort of thing before.
599
00:26:50,652 --> 00:26:51,871
What do you mean?
600
00:26:51,871 --> 00:26:54,482
Well, he's posted
that violent people,
601
00:26:54,482 --> 00:26:57,006
usually Black men,
are on certain streets.
602
00:26:57,006 --> 00:26:58,573
He puts up photos.
603
00:26:58,573 --> 00:26:59,705
And then, he makes up stories
604
00:26:59,705 --> 00:27:01,881
about them
with guns and knives.
605
00:27:01,881 --> 00:27:04,144
He gets the residents
all riled up.
606
00:27:04,144 --> 00:27:08,191
And then, inevitably, a chain
of racist rumors follows.
607
00:27:08,191 --> 00:27:12,108
And the posts turn out
to be pure fiction.
608
00:27:12,108 --> 00:27:14,894
- Has anyone else been hurt?
- Yeah.
609
00:27:14,894 --> 00:27:17,592
One man was assaulted
by an angry mob of residents,
610
00:27:17,592 --> 00:27:20,073
and two Black men
were falsely arrested.
611
00:27:20,073 --> 00:27:22,989
Brooke's lawyers
could wind up calling Deluca
612
00:27:22,989 --> 00:27:24,817
to support
their self-defense claim.
613
00:27:24,817 --> 00:27:26,732
I wanna be prepared
to cross-examine him.
614
00:27:26,732 --> 00:27:29,473
I look forward
to meeting this guy.
615
00:27:33,652 --> 00:27:36,002
I don't know
what to tell you.
616
00:27:36,002 --> 00:27:38,221
I was walking through
the meatpacking district,
617
00:27:38,221 --> 00:27:40,006
meeting my girlfriend
for a late dinner.
618
00:27:40,006 --> 00:27:41,747
I saw a guy
who looked suspicious.
619
00:27:41,747 --> 00:27:43,618
What made him
look suspicious?
620
00:27:43,618 --> 00:27:45,925
I thought he had a gun.
621
00:27:45,925 --> 00:27:48,536
Those people,
coming into our neighborhood,
622
00:27:48,536 --> 00:27:51,626
ruining it for the rest of us.
623
00:27:51,626 --> 00:27:54,585
Those people?
624
00:27:54,585 --> 00:27:57,458
What do you mean by that?
625
00:27:57,458 --> 00:28:00,504
You know, criminals.
626
00:28:00,504 --> 00:28:03,986
So you think you're doing
some kind of a public service?
627
00:28:03,986 --> 00:28:05,205
Actually, I do.
628
00:28:05,205 --> 00:28:08,164
Plus, I've got three kids,
elderly parents.
629
00:28:08,164 --> 00:28:09,383
No one is safe anymore.
630
00:28:09,383 --> 00:28:12,299
You--
631
00:28:12,299 --> 00:28:14,736
you're out of line.
632
00:28:14,736 --> 00:28:16,912
You can't just go around
posting whatever you want.
633
00:28:16,912 --> 00:28:19,436
That's dangerous. Reckless.
634
00:28:19,436 --> 00:28:21,917
You're practically
asking somebody
635
00:28:21,917 --> 00:28:24,964
to take the law
into their own hands,
636
00:28:24,964 --> 00:28:27,227
maybe even commit
an act of violence.
637
00:28:29,533 --> 00:28:31,710
Turn around.
638
00:28:34,756 --> 00:28:36,018
You heard him.
Turn around. Turn around.
639
00:28:36,018 --> 00:28:37,803
Come on. Come on.
640
00:28:37,803 --> 00:28:39,805
Hands behind your back.
641
00:28:39,805 --> 00:28:44,113
Daniel Deluca,
you're under arrest.
642
00:28:44,113 --> 00:28:45,375
What for?
643
00:28:45,375 --> 00:28:46,986
Manslaughter.
644
00:28:48,770 --> 00:28:51,773
I'm assuming
you ran this by Price.
645
00:29:05,961 --> 00:29:08,137
You arrested Daniel Deluca?
646
00:29:08,137 --> 00:29:09,269
Charged him with manslaughter?
647
00:29:09,269 --> 00:29:10,749
Good to see you, Price.
648
00:29:10,749 --> 00:29:13,099
We're on solid footing
with that.
649
00:29:13,099 --> 00:29:15,449
Deluca's actions
were the direct cause
650
00:29:15,449 --> 00:29:16,798
of Dr. Marshall's murder.
651
00:29:16,798 --> 00:29:18,844
Didn't think
to consult with me first?
652
00:29:18,844 --> 00:29:21,760
We have initial discretion
to make the arrest, Nolan.
653
00:29:21,760 --> 00:29:23,805
There were
no exigent circumstances.
654
00:29:23,805 --> 00:29:24,893
Have a seat.
655
00:29:24,893 --> 00:29:26,242
You wanna play prosecutor,
656
00:29:26,242 --> 00:29:27,548
join the DA's office.
657
00:29:27,548 --> 00:29:29,811
Otherwise, stay in your lane.
658
00:29:29,811 --> 00:29:31,813
Mm. Well,
you don't wanna charge Deluca,
659
00:29:31,813 --> 00:29:32,814
that's on you, buddy.
660
00:29:32,814 --> 00:29:34,163
We got a good case.
661
00:29:34,163 --> 00:29:35,469
Not so sure about that.
662
00:29:35,469 --> 00:29:37,558
And we'd have to flip Burke.
663
00:29:37,558 --> 00:29:39,125
Well, let's flip him then.
664
00:29:39,125 --> 00:29:41,127
You're the one who urged me
to charge him with murder.
665
00:29:41,127 --> 00:29:43,477
And I stand by that, but new
information has come to light
666
00:29:43,477 --> 00:29:45,218
that says
that Deluca is more culpable.
667
00:29:45,218 --> 00:29:46,828
He incited Burke.
668
00:29:46,828 --> 00:29:48,787
He made the guy
feel like he was in danger.
669
00:29:48,787 --> 00:29:50,005
But for Deluca's post,
670
00:29:50,005 --> 00:29:52,094
Dr. Marshall
would still be alive today.
671
00:29:52,094 --> 00:29:53,835
I get it,
but Burke is the one
672
00:29:53,835 --> 00:29:55,532
who smashed him in the head
with a wine bottle.
673
00:29:55,532 --> 00:29:59,667
Yes, and Deluca's
reckless posts made him do it.
674
00:29:59,667 --> 00:30:01,712
He has to be held
accountable for that.
675
00:30:05,716 --> 00:30:09,024
Is there any way
you can prove both cases?
676
00:30:09,024 --> 00:30:10,896
Try Burke and Deluca together?
677
00:30:10,896 --> 00:30:14,160
I need Burke's cooperation
to win against Deluca.
678
00:30:14,160 --> 00:30:16,510
You can prove
Deluca was reckless,
679
00:30:16,510 --> 00:30:18,860
that he created
a dangerous situation
680
00:30:18,860 --> 00:30:21,689
and put Marshall's life
in jeopardy
681
00:30:21,689 --> 00:30:23,778
with evidence
of his past behavior.
682
00:30:23,778 --> 00:30:25,780
But that's
only half the battle.
683
00:30:25,780 --> 00:30:28,522
I need Burke
to say he saw the posts
684
00:30:28,522 --> 00:30:31,873
and that he believed
what was in them.
685
00:30:31,873 --> 00:30:33,875
Then get him a deal.
Get him on board.
686
00:30:33,875 --> 00:30:37,531
OK, but I'd be sacrificing
the murder case against Burke
687
00:30:37,531 --> 00:30:39,881
for a much weaker case
against Deluca.
688
00:30:39,881 --> 00:30:43,537
Opportunity and risk
come in pairs.
689
00:30:43,537 --> 00:30:48,194
If you think Deluca
was the most responsible,
690
00:30:48,194 --> 00:30:50,587
set your sights on him.
691
00:30:55,505 --> 00:30:57,290
Mr. Burke,
you're here as part
692
00:30:57,290 --> 00:30:59,248
of a cooperation agreement?
- That's true.
693
00:30:59,248 --> 00:31:00,554
In exchange
for your testimony,
694
00:31:00,554 --> 00:31:02,469
you'll receive
a seven-year sentence.
695
00:31:02,469 --> 00:31:05,167
Yes. I will plead guilty
to manslaughter.
696
00:31:05,167 --> 00:31:08,214
Tell the members of the jury,
697
00:31:08,214 --> 00:31:11,434
why did you kill
Dr. Darian Marshall?
698
00:31:11,434 --> 00:31:14,263
Because I thought
that he was going to kill me.
699
00:31:14,263 --> 00:31:15,743
Did you believe
he had a weapon?
700
00:31:15,743 --> 00:31:16,918
A gun, yes.
701
00:31:16,918 --> 00:31:18,267
Why did you think this?
702
00:31:18,267 --> 00:31:21,183
Because the defendant
put things on an app.
703
00:31:21,183 --> 00:31:24,143
You're referring to
the defendant, Daniel Deluca?
704
00:31:24,143 --> 00:31:25,927
Yes.
705
00:31:25,927 --> 00:31:29,235
I believed what he posted.
706
00:31:29,235 --> 00:31:33,500
I thought that I was in danger,
and I was protecting myself.
707
00:31:33,500 --> 00:31:35,589
Thank you.
Nothing further.
708
00:31:39,985 --> 00:31:44,728
My client
didn't kill Darian Marshall.
709
00:31:44,728 --> 00:31:46,513
You did.
710
00:31:46,513 --> 00:31:48,602
Regrettably, yes.
711
00:31:48,602 --> 00:31:52,519
You took a bottle,
smashed it over his head,
712
00:31:52,519 --> 00:31:55,609
and left him to die.
713
00:31:55,609 --> 00:31:57,437
I wish I could take it back.
714
00:31:57,437 --> 00:31:59,265
And so, you're doing
the next best thing,
715
00:31:59,265 --> 00:32:00,962
trying to blame someone else.
716
00:32:00,962 --> 00:32:02,442
Objection. Argumentative.
717
00:32:02,442 --> 00:32:04,096
Overruled.
718
00:32:04,096 --> 00:32:05,836
You killed someone,
719
00:32:05,836 --> 00:32:07,490
and then you got
a sweetheart deal
720
00:32:07,490 --> 00:32:09,362
from a prosecutor
who is hellbent
721
00:32:09,362 --> 00:32:10,798
on making
a political statement.
722
00:32:10,798 --> 00:32:13,105
Your Honor.
723
00:32:13,105 --> 00:32:15,107
Withdrawn.
Nothing further.
724
00:32:15,107 --> 00:32:17,239
You're excused, sir.
725
00:32:17,239 --> 00:32:18,806
Call your next witness,
Mr. Price.
726
00:32:18,806 --> 00:32:22,679
People call
Detective Jalen Shaw.
727
00:32:22,679 --> 00:32:26,727
The defendant started
a chain of racist messages
728
00:32:26,727 --> 00:32:30,687
and then posted
a picture of Dr. Marshall.
729
00:32:30,687 --> 00:32:33,255
Has the defendant made
postings like this in the past?
730
00:32:33,255 --> 00:32:34,822
Yes.
731
00:32:34,822 --> 00:32:38,391
Men--Black men--
walking down the street,
732
00:32:38,391 --> 00:32:41,872
minding their own business
are the targets of these posts?
733
00:32:41,872 --> 00:32:43,352
Correct.
734
00:32:43,352 --> 00:32:45,789
And some of these innocent
men have been arrested,
735
00:32:45,789 --> 00:32:48,792
and one has actually
been assaulted?
736
00:32:48,792 --> 00:32:50,925
Yes, he was
punched in the head
737
00:32:50,925 --> 00:32:54,494
and then hospitalized
for a concussion.
738
00:32:54,494 --> 00:32:55,712
Thank you.
739
00:32:59,412 --> 00:33:03,068
Detective, are you aware
that the NYPD uses these apps
740
00:33:03,068 --> 00:33:06,027
to fight crimes
and put out police alerts?
741
00:33:06,027 --> 00:33:07,507
Objection. Relevance.
742
00:33:07,507 --> 00:33:08,943
What is the relevance?
743
00:33:08,943 --> 00:33:11,554
This is a case
about free speech
744
00:33:11,554 --> 00:33:13,992
and civic participation.
745
00:33:13,992 --> 00:33:16,690
They should be giving my client
a medal for citizenship.
746
00:33:16,690 --> 00:33:18,648
Not being put on trial
for homicide.
747
00:33:18,648 --> 00:33:21,564
Objection is overruled.
748
00:33:21,564 --> 00:33:24,828
Counselor, I'm aware
that the NYPD is using...
749
00:33:24,828 --> 00:33:27,048
certain crime-fighting apps.
750
00:33:27,048 --> 00:33:31,183
And when these apps are used
in a responsible manner,
751
00:33:31,183 --> 00:33:33,750
they can be a useful tool.
752
00:33:33,750 --> 00:33:36,884
Problems arise
when they're used recklessly.
753
00:33:36,884 --> 00:33:39,191
You know a lot about
recklessness Detective Shaw,
754
00:33:39,191 --> 00:33:40,279
don't you?
755
00:33:40,279 --> 00:33:41,584
Objection. Argumentative.
756
00:33:41,584 --> 00:33:43,412
Ask another question,
Miss Stanley.
757
00:33:43,412 --> 00:33:48,200
Violating NYPD rules and
regulations is also reckless,
758
00:33:48,200 --> 00:33:50,028
isn't it?
759
00:33:50,028 --> 00:33:51,812
It depends
on the circumstances.
760
00:33:51,812 --> 00:33:54,597
Detective Shaw,
is there a pending
761
00:33:54,597 --> 00:33:56,904
Internal Affairs complaint
against you?
762
00:34:00,299 --> 00:34:03,867
There's one pending, yes.
763
00:34:03,867 --> 00:34:06,305
You violated
your department's policy.
764
00:34:06,305 --> 00:34:11,310
You failed to comply with the
request of a fellow officer?
765
00:34:11,310 --> 00:34:13,703
That is the allegation.
766
00:34:13,703 --> 00:34:18,186
So your own department
has taken action against you.
767
00:34:18,186 --> 00:34:20,188
It has.
768
00:34:20,188 --> 00:34:22,930
And the underlying incident
involves a dispute
769
00:34:22,930 --> 00:34:26,760
that you had
with white police officers.
770
00:34:26,760 --> 00:34:28,805
I was racially profiled.
771
00:34:28,805 --> 00:34:32,331
And charging my client,
a white man, with homicide,
772
00:34:32,331 --> 00:34:34,768
that's your way of
balancing the scales, isn't it?
773
00:34:34,768 --> 00:34:37,249
- Objection.
- Sustained.
774
00:34:37,249 --> 00:34:39,642
Nothing further.
775
00:34:39,642 --> 00:34:43,820
Detective Shaw,
you're excused.
776
00:34:43,820 --> 00:34:45,083
Yeah.
777
00:34:56,311 --> 00:34:59,009
You're the subject of an
Internal Affairs complaint?
778
00:34:59,009 --> 00:35:00,968
- It's complete nonsense.
- That's not the point.
779
00:35:00,968 --> 00:35:03,405
If you had told me,
I would have been prepared.
780
00:35:03,405 --> 00:35:04,624
I would have never
put you on the stand.
781
00:35:04,624 --> 00:35:07,496
OK. He screwed up.
Let's move on.
782
00:35:09,890 --> 00:35:11,152
What do you need?
783
00:35:11,152 --> 00:35:13,328
Deluca is going
to testify tomorrow morning.
784
00:35:13,328 --> 00:35:15,417
The defense has put us
back on our heels,
785
00:35:15,417 --> 00:35:17,245
and at the same time,
they're selling Deluca
786
00:35:17,245 --> 00:35:18,986
as some well-intentioned guy
787
00:35:18,986 --> 00:35:21,119
who bears no responsibility
for what happened.
788
00:35:21,119 --> 00:35:22,381
We need to disprove that.
789
00:35:22,381 --> 00:35:24,165
His posts are part
of a pattern of conduct.
790
00:35:24,165 --> 00:35:25,645
We can get you
police reports,
791
00:35:25,645 --> 00:35:29,127
medical records that show
his past posts hurt people.
792
00:35:29,127 --> 00:35:30,563
I need more.
I need evidence
793
00:35:30,563 --> 00:35:32,782
of his motive, his state
of mind, that he is racist.
794
00:35:32,782 --> 00:35:34,915
I've been looking through
his social media accounts.
795
00:35:34,915 --> 00:35:36,569
He doesn't belong
to any white supremacy groups
796
00:35:36,569 --> 00:35:38,527
or any other
fringe organizations.
797
00:35:38,527 --> 00:35:41,922
And he's never posted anything
that's scandalous or racist.
798
00:35:41,922 --> 00:35:43,967
Well, what kind of things
does he post?
799
00:35:43,967 --> 00:35:45,447
Mostly real estate stuff.
800
00:35:45,447 --> 00:35:48,494
It looks like he buys
and sells apartments.
801
00:35:53,803 --> 00:35:55,588
Is anybody else
noticing something similar
802
00:35:55,588 --> 00:35:57,677
about all these addresses?
803
00:35:59,505 --> 00:36:01,420
That can't be just
a coincidence.
804
00:36:06,947 --> 00:36:11,169
My goal is to help
my fellow New Yorkers.
805
00:36:11,169 --> 00:36:13,214
I wanna make a difference,
806
00:36:13,214 --> 00:36:15,173
reclaim the streets
from the criminals
807
00:36:15,173 --> 00:36:16,870
that have taken over
this great city.
808
00:36:16,870 --> 00:36:21,918
You had no control over
Mr. Burke's actions, did you?
809
00:36:21,918 --> 00:36:26,227
My heart goes out
to Dr. Marshall's family.
810
00:36:26,227 --> 00:36:30,884
But I had no idea
anyone would die.
811
00:36:32,320 --> 00:36:35,323
Thank you.
812
00:36:35,323 --> 00:36:37,543
You're in the real estate
business, correct?
813
00:36:37,543 --> 00:36:40,676
You buy and sell apartments?
- Yes.
814
00:36:40,676 --> 00:36:45,203
Crime, or reports of crime,
815
00:36:45,203 --> 00:36:47,553
can drive down the value
816
00:36:47,553 --> 00:36:51,252
of buildings
in a particular neighborhood,
817
00:36:51,252 --> 00:36:53,167
can't it?
818
00:36:53,167 --> 00:36:55,996
It can.
819
00:36:55,996 --> 00:36:58,781
You've been planting false
reports of criminal activity
820
00:36:58,781 --> 00:37:01,175
in order to decrease
the value of homes
821
00:37:01,175 --> 00:37:02,394
in certain neighborhoods,
haven't you?
822
00:37:02,394 --> 00:37:04,526
Price tags go down,
823
00:37:04,526 --> 00:37:05,962
you purchase properties,
and eventually,
824
00:37:05,962 --> 00:37:07,834
when the neighborhood
is seen as safe again,
825
00:37:07,834 --> 00:37:12,360
you sell the property
and make a hefty profit.
826
00:37:12,360 --> 00:37:14,580
Objection.
Facts not in evidence.
827
00:37:14,580 --> 00:37:19,237
Well, then allow me
to give an offer of proof.
828
00:37:19,237 --> 00:37:24,546
A certified report from the New
York City Register's Office.
829
00:37:24,546 --> 00:37:29,638
Four transactions
in the past two years.
830
00:37:29,638 --> 00:37:33,338
I'll accept the offer. Proceed.
831
00:37:33,338 --> 00:37:35,775
You issued...
832
00:37:35,775 --> 00:37:41,084
several fictitious posts
about Black criminals
833
00:37:41,084 --> 00:37:44,740
on streets where each of
these properties were located.
834
00:37:44,740 --> 00:37:47,395
Each of these posts
described a man
835
00:37:47,395 --> 00:37:50,529
as armed, dangerous,
acting erratic.
836
00:37:50,529 --> 00:37:51,921
I'm not sure about that.
837
00:37:51,921 --> 00:37:56,012
Well, then let me help
refresh your memory.
838
00:37:56,012 --> 00:37:58,058
You do recognize these posts?
839
00:38:01,366 --> 00:38:02,584
I guess.
840
00:38:02,584 --> 00:38:07,502
And then,
within a matter of weeks,
841
00:38:07,502 --> 00:38:11,941
you purchased the apartment.
842
00:38:11,941 --> 00:38:14,074
You made a killing,
didn't you, Mr. Deluca?
843
00:38:14,074 --> 00:38:16,294
- Objection.
- Overruled.
844
00:38:16,294 --> 00:38:18,426
Answer the question, sir.
845
00:38:20,602 --> 00:38:23,953
I'm a businessman.
846
00:38:23,953 --> 00:38:26,478
I made a profit.
847
00:38:26,478 --> 00:38:28,567
Thank you.
That's all I have.
848
00:39:02,775 --> 00:39:05,473
Madame Foreperson,
has the jury reached a verdict?
849
00:39:05,473 --> 00:39:07,475
We have, Your Honor.
850
00:39:07,475 --> 00:39:08,998
How do you find?
851
00:39:08,998 --> 00:39:11,653
We find the defendant
guilty of manslaughter
852
00:39:11,653 --> 00:39:13,960
in the first degree.
853
00:39:13,960 --> 00:39:16,789
Members of the jury,
thank you for your service.
854
00:39:16,789 --> 00:39:18,094
You are excused.
855
00:39:18,094 --> 00:39:19,879
Court is in recess.
856
00:39:47,036 --> 00:39:49,517
Congratulations.
857
00:39:49,517 --> 00:39:51,780
Sometimes we get it right.
858
00:39:51,780 --> 00:39:54,522
But something tells me
that's not why you're here.
859
00:39:54,522 --> 00:39:58,047
Nope. I just got a call.
860
00:39:58,047 --> 00:40:01,355
Internal Affairs
is closing the investigation.
861
00:40:01,355 --> 00:40:02,835
Closing it?
862
00:40:02,835 --> 00:40:06,621
They found your allegations
to be unsubstantiated.
863
00:40:06,621 --> 00:40:11,234
I wish I could say
I was surprised, but...
864
00:40:11,234 --> 00:40:13,802
And what about
their allegations against me?
865
00:40:13,802 --> 00:40:16,326
That complaint stuck.
866
00:40:16,326 --> 00:40:20,069
They're suspending you
for a week without pay.
867
00:40:22,420 --> 00:40:23,812
Look, Jalen,
868
00:40:23,812 --> 00:40:26,772
I have seen positive changes
in the department,
869
00:40:26,772 --> 00:40:30,253
but the blue wall
is still the blue wall.
63910
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