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[Man Narrating] In the
criminal justice system...
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00:00:08,559 --> 00:00:11,916
all defendants are
innocent until proven guilty,
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00:00:11,995 --> 00:00:16,353
either by confession,
plea bargain or trial by jury.
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00:00:16,433 --> 00:00:18,686
This is one of those trials.
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00:00:20,437 --> 00:00:24,829
She said she was staying with her
friend Jennifer, out near us in Woodhaven.
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00:00:26,043 --> 00:00:28,160
Oh, when the
police called and...
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00:00:28,245 --> 00:00:32,296
They said they found
a body. I thought,
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00:00:32,382 --> 00:00:34,704
"It can't be our daughter."
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00:00:34,785 --> 00:00:37,471
We knew she was seeing Justin.
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00:00:37,554 --> 00:00:39,511
But we liked him.
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00:00:40,591 --> 00:00:43,413
I can't imagine how
this could happen.
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00:00:43,493 --> 00:00:45,576
I thought Kristen
went home. Home?
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00:00:45,662 --> 00:00:48,985
Somebody put two bullets in her head a
hundred yards from your front door, Justin.
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00:00:49,066 --> 00:00:51,285
That's your girlfriend.
You don't seem too upset.
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00:00:51,368 --> 00:00:53,382
I'm upset!
16
00:00:53,470 --> 00:00:56,622
I'm totally freaked out! So let's
talk about your buddy Carter.
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00:00:56,707 --> 00:01:00,360
So, Carter, you knew Kristen
Ames, Justin's girlfriend?
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00:01:00,444 --> 00:01:02,492
I mean, I saw her, yeah.
19
00:01:02,579 --> 00:01:06,528
You're saying you never talked to
her? Like last night before she was killed?
20
00:01:07,618 --> 00:01:10,702
Yeah, actually, uh, you
know, I saw her with her ex.
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00:01:10,787 --> 00:01:14,337
Her ex-boyfriend, Danny Wallace.
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00:01:14,424 --> 00:01:17,849
So, Danny, you dated
Kristen, you got dumped,
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she starts banging
your friend Justin.
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00:01:19,997 --> 00:01:21,977
Gotta be hard to take.
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- That's not how it was.
- What time did you leave last night?
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00:01:27,271 --> 00:01:29,194
I don't remember.
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00:01:29,273 --> 00:01:31,833
She was arguing
with Danny, not me.
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About what? I don't know.
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00:01:34,978 --> 00:01:38,927
They were outside, and then Justin went
out, you know, to make sure she was okay.
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Next thing I heard,
a gun cap two times.
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00:01:41,785 --> 00:01:44,539
Danny shot her?
That's what Justin said.
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00:01:44,621 --> 00:01:47,773
Carter told us you
did it. He's lying.
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00:01:47,858 --> 00:01:52,080
Kristen told me Justin
and Carter raped her.
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00:01:52,162 --> 00:01:55,485
I was passed out. She
wanted to go to the cops.
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00:01:55,565 --> 00:01:59,582
Justin followed her, chased
her into Tompkins Square Park.
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00:01:59,670 --> 00:02:02,151
He shot her.
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00:02:02,239 --> 00:02:06,097
Justin shot her? There was
nothing I could do. I swear.
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00:02:07,611 --> 00:02:09,568
Am I under arrest?
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00:02:09,646 --> 00:02:11,831
Not yet, Justin.
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00:02:11,915 --> 00:02:13,895
But I'd get comfortable.
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00:02:16,386 --> 00:02:19,311
I wanna call my
father. I want a lawyer.
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00:02:20,524 --> 00:02:24,382
Justin lawyered up, and we have
conflicting statements from the other two.
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00:02:24,461 --> 00:02:27,351
Danny says he saw it
go down. You buy that?
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00:02:28,465 --> 00:02:30,718
Well, I might have...
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00:02:30,801 --> 00:02:33,088
till Danny took off his jacket.
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Nitrate. Gunshot residue?
47
00:02:35,672 --> 00:02:38,460
We're gonna log it into
evidence, test for G.S.R.
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00:02:38,542 --> 00:02:41,660
All right, I'll get a statement from
Danny, and try to get one from Carter.
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00:02:41,745 --> 00:02:44,965
Then you can charge them
all with second-degree murder.
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You know,
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I almost believed the kid.
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Everybody lies.
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[Kibre] Her blood alcohol
was four times the limit.
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We know Carter and Justin had sex with
her, probably while she was passed out.
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00:03:45,842 --> 00:03:47,765
Apparently, Danny didn't.
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00:03:47,844 --> 00:03:51,463
It looks like when she realized she'd been
raped, she threatened to go to the police.
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00:03:51,548 --> 00:03:53,938
Danny claims he
offered to take her.
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00:03:54,017 --> 00:03:59,206
He says Justin followed them, pulled her
into Tompkins Square Park and killed her.
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00:03:59,289 --> 00:04:01,611
What're you gonna
show the grand jury?
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00:04:01,691 --> 00:04:04,251
Well, the gun's
probably in the Hudson.
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00:04:04,327 --> 00:04:07,308
Carter's prints are on shell
casings found at the scene.
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00:04:07,397 --> 00:04:10,287
And there's nitrates
on Danny's jacket.
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00:04:10,367 --> 00:04:12,290
Maybe used to muffle gunshots.
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00:04:12,369 --> 00:04:15,157
Well, that gets you Danny and
Carter, but what about this third kid?
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00:04:15,238 --> 00:04:17,200
Well, Justin's our
weakest case. He lawyered
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00:04:17,224 --> 00:04:19,164
up, and we don't have
a statement from him.
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00:04:19,242 --> 00:04:21,894
We can't even prove rape.
Justin was dating the victim.
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00:04:21,978 --> 00:04:25,130
The sex could've been
consensual. Doesn't sound like much.
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00:04:25,215 --> 00:04:27,366
Turn one of the other
two against Justin.
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00:04:27,451 --> 00:04:29,602
Well, Danny's the
testimony we need.
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00:04:29,686 --> 00:04:32,042
He claims he saw the murder
go down, but wasn't part of it.
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00:04:32,122 --> 00:04:35,411
But Carter's statement
points the finger at Danny.
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00:04:35,492 --> 00:04:37,916
Poor girl.
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00:04:37,994 --> 00:04:40,850
The thought of losing
a daughter like that.
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00:04:40,931 --> 00:04:43,753
Try to make a deal, but
everybody does real time.
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00:04:43,834 --> 00:04:45,757
Two out of three won't do.
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00:04:47,804 --> 00:04:49,727
[Door Lock Buzzes]
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00:04:49,806 --> 00:04:53,595
Danny, I'm Dean Conners. The
court assigned me to your case.
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00:04:53,677 --> 00:04:56,158
I spoke to your mother.
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00:04:56,246 --> 00:04:58,863
That was my grandma.
My mom's not around.
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00:04:58,949 --> 00:05:02,101
Well, then your grandmother.
She's coming to the arraignment.
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00:05:02,185 --> 00:05:04,472
I'll try to arrange a
chance for you to speak.
84
00:05:04,554 --> 00:05:06,841
No, I—She doesn't
need this kind of grief.
85
00:05:06,923 --> 00:05:10,872
Well, I was just thinking if we
needed to raise money for bail.
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00:05:10,961 --> 00:05:14,250
No, I'm not gonna take her money.
She just gets some Social Security.
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00:05:17,000 --> 00:05:19,424
Um, so you spoke to the police?
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00:05:20,437 --> 00:05:22,360
I told them the truth.
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00:05:22,439 --> 00:05:26,558
Kristen said that Justin and Carter had
raped her, so I was taking her to the cops.
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00:05:26,643 --> 00:05:28,691
Justin followed us and shot her.
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00:05:30,247 --> 00:05:32,534
When that happened,
what did you do?
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I took off like a coward.
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00:05:39,389 --> 00:05:43,110
Do you know if they collected any evidence
that could implicate you in the shooting?
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00:05:43,193 --> 00:05:45,776
I don't know. They
took my jacket.
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00:05:45,862 --> 00:05:48,149
Why did they do that?
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00:05:48,231 --> 00:05:52,657
Look, I didn't kill
Kristen. I swear.
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00:05:52,736 --> 00:05:56,525
Danny, look.
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00:05:56,606 --> 00:06:00,589
I'm not here to judge you
or to judge what you've done.
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00:06:00,677 --> 00:06:02,600
I'm here to advocate for you.
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00:06:02,679 --> 00:06:05,763
Yeah, you don't believe me.
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00:06:05,849 --> 00:06:07,772
Danny— No, you don't. No.
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00:06:07,851 --> 00:06:10,639
[Sighs] Neither did the cops.
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Everyone thinks I'm guilty.
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I believe you. Okay?
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Docket number 33004.
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People v. Justin Burch. Charge
is murder in the second degree.
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[Judge] How do
you plead? Not guilty.
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00:06:29,606 --> 00:06:32,496
Your Honor, this defendant has
the resources and means to flee.
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00:06:32,576 --> 00:06:34,761
Given the charge, the
People ask for remand.
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00:06:34,844 --> 00:06:38,201
We ask for R.O.R. to
his parents, pending trial.
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00:06:38,281 --> 00:06:40,705
Counsel approach.
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00:06:44,487 --> 00:06:46,467
What can we live with here?
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00:06:46,556 --> 00:06:49,981
Your Honor, I have to seriously
question the legitimacy of the charges.
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00:06:50,060 --> 00:06:53,110
They have no evidence. The defense
will get their discovery when it's time.
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00:06:53,196 --> 00:06:56,815
You don't want to show your hand,
fine, counselor. But you'll have to bend.
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00:06:56,900 --> 00:06:59,222
The victim's parents
are here, Your Honor,
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expecting to see him held
for their daughter's murder.
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00:07:01,771 --> 00:07:03,728
So I'll set bail at 800,000,
and you'll argue it.
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00:07:03,807 --> 00:07:05,461
And we'll accept it.
From what I understand,
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00:07:05,485 --> 00:07:07,086
this kid's parents
can just write a check.
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00:07:07,110 --> 00:07:10,865
I said I'll make you look
good. Both of you, step back.
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Bail is set at 800,000.
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00:07:15,251 --> 00:07:19,803
On bond, the defendant will be held
under house arrest with an ankle bracelet.
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Next.
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I'll have my office draw up the paperwork,
and Justin should be out of here by lunch.
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Docket number 33005.
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00:07:37,841 --> 00:07:40,891
People v. Daniel Wallace. Charge
is murder in the second degree.
128
00:07:40,977 --> 00:07:43,765
- [Judge] Do we have a plea?
- Uh, not guilty, Your Honor.
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00:07:43,847 --> 00:07:48,364
The People would prefer remand, but we'll
agree to the previous bail recommendation.
130
00:07:48,451 --> 00:07:50,374
$800,000?
131
00:07:50,453 --> 00:07:53,412
Your Honor, the People know
my client is without means.
132
00:07:53,490 --> 00:07:57,211
- Will the court at least accept
a surety of 10%?
- Not on a murder charge.
133
00:07:57,293 --> 00:08:01,116
So the poor sit in jail
while the rich walk free?
134
00:08:01,197 --> 00:08:03,450
So it goes, Mr. Conners.
135
00:08:06,002 --> 00:08:08,358
Docket number 33006.
136
00:08:08,438 --> 00:08:12,728
People v. Carter McSherry. Charge
of murder in the second degree.
137
00:08:15,845 --> 00:08:17,962
The night we first met Danny—
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00:08:18,048 --> 00:08:20,301
Kristen missed her curfew.
139
00:08:20,383 --> 00:08:23,399
Danny brought her home.
They were both drunk.
140
00:08:23,486 --> 00:08:25,944
And George and I stepped in.
141
00:08:26,022 --> 00:08:28,241
I called his parents.
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00:08:28,324 --> 00:08:30,247
Hmm, his grandmother.
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00:08:30,326 --> 00:08:33,114
Parents aren't
even in the picture.
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00:08:34,831 --> 00:08:38,222
How do you expect a kid
like that to be raised right,
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00:08:38,301 --> 00:08:41,749
to have good values?
146
00:08:41,838 --> 00:08:45,491
I was worried that
Kristen was seeing him.
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00:08:45,575 --> 00:08:48,500
Now you tell me you're going to
offer this little son of a bitch a deal?
148
00:08:48,578 --> 00:08:50,797
Well, Danny will serve time.
149
00:08:50,880 --> 00:08:54,703
We're offering him 15 to 25 years
for his testimony against Justin.
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00:08:54,784 --> 00:08:57,174
All three are responsible
for what happened to Kristen.
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00:08:57,253 --> 00:09:00,405
Fifteen years? Not 15
years for our daughter's life.
152
00:09:00,490 --> 00:09:03,745
Mr. Ames, you blame
Danny, and I understand that.
153
00:09:03,827 --> 00:09:05,807
But Justin Burch killed her.
154
00:09:05,895 --> 00:09:07,943
A plea from Danny
will help us get him.
155
00:09:08,031 --> 00:09:11,422
Yeah, well, Kristen
didn't get any kind of deal.
156
00:09:11,501 --> 00:09:13,424
[Scoffs]
157
00:09:19,809 --> 00:09:23,234
That went well. Well, what plea
agreement ever made everybody happy?
158
00:09:23,313 --> 00:09:27,830
I'm just saying that— Kelly, we
didn't come here for their permission.
159
00:09:27,917 --> 00:09:30,341
A little more reassurance
might've helped.
160
00:09:30,420 --> 00:09:32,901
You know, some guarantee
they'd all be punished.
161
00:09:34,357 --> 00:09:36,940
It would've been a lie.
162
00:09:37,026 --> 00:09:39,780
You brought us down here
for a sneak peek at discovery,
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00:09:39,863 --> 00:09:41,786
or do I smell a plea bargain?
164
00:09:43,566 --> 00:09:45,785
Your client's
conviction is right here.
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00:09:47,670 --> 00:09:51,493
What's the offer? For testimony
against Justin, 15 to 25.
166
00:09:51,574 --> 00:09:53,531
Concurrent on all counts.
167
00:09:53,610 --> 00:09:57,502
Tracey, the problem is, our
guys aren't equally guilty here.
168
00:09:57,580 --> 00:09:59,697
He's right. My guy didn't
even leave the apartment.
169
00:09:59,783 --> 00:10:02,673
Peter, I'll be honest. I know
you want to clear your case.
170
00:10:02,752 --> 00:10:04,903
But Danny's the witness.
He's the one I want to flip.
171
00:10:04,988 --> 00:10:08,470
So you're wasting my
time? No, you're plan "B."
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00:10:08,558 --> 00:10:13,075
Danny won't cop to rape. He didn't
witness it. He only saw the shooting.
173
00:10:13,163 --> 00:10:15,644
Kibre, you need my guy.
174
00:10:16,666 --> 00:10:20,922
Carter gave Justin the gun. He can
give you the rape and the conspiracy.
175
00:10:21,004 --> 00:10:23,564
Danny can't do that.
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00:10:26,976 --> 00:10:29,866
All right, that'll
get Carter a plea.
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00:10:29,946 --> 00:10:33,496
- But I still want Danny.
- I'll talk to him.
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00:10:34,584 --> 00:10:37,474
[Conners] They found
gunshot residue on your jacket.
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00:10:37,554 --> 00:10:40,035
If we go to trial, they
very well could convict you.
180
00:10:40,123 --> 00:10:44,174
I wasn't wearing my
jacket. Justin's gonna walk?
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00:10:44,260 --> 00:10:46,240
He's in a position to do that.
182
00:10:46,329 --> 00:10:49,777
He's got all this
money, fancy lawyers.
183
00:10:49,866 --> 00:10:52,586
I got what?
184
00:10:52,669 --> 00:10:55,821
It's unfair. I agree.
185
00:10:55,905 --> 00:10:58,227
But Justin's money won't
matter if you cooperate.
186
00:10:58,308 --> 00:11:00,356
Carter's getting the same deal.
187
00:11:00,443 --> 00:11:02,765
Well, Carter raped
her. Justin shot her.
188
00:11:02,846 --> 00:11:05,361
All I did— Danny, they
got evidence against you.
189
00:11:05,448 --> 00:11:07,599
It's a good offer.
190
00:11:07,684 --> 00:11:11,735
I'm supposed to say I'm guilty of something
I didn't do? Well, that's your decision.
191
00:11:11,821 --> 00:11:14,905
But I recommend
you take the deal.
192
00:11:24,067 --> 00:11:26,081
Uh, we left Justin's place.
193
00:11:26,169 --> 00:11:30,152
I put my jacket on her shoulders
'cause it was pretty cold.
194
00:11:30,240 --> 00:11:34,132
Justin followed us.
Uh, he was pretty drunk.
195
00:11:34,210 --> 00:11:37,191
He kept threatening her
about if she went to the cops.
196
00:11:37,280 --> 00:11:41,138
Kristen stood up to him,
you know? She pissed him off.
197
00:11:41,217 --> 00:11:44,506
What'd Justin do?
He hit her in the face.
198
00:11:44,587 --> 00:11:48,103
He pulled a gun. I was so
scared, I— I couldn't move.
199
00:11:48,191 --> 00:11:52,481
- Where were you all standing?
- Uh, at the entrance over there.
200
00:11:54,063 --> 00:11:56,680
How did you wind up in here?
201
00:11:56,766 --> 00:11:59,952
Well, she, uh—She ran,
202
00:12:00,036 --> 00:12:03,461
and, uh, he chased her.
203
00:12:03,539 --> 00:12:05,519
And he grabbed her arm.
204
00:12:07,343 --> 00:12:09,960
I mean, it happened so
fast. He was cursing at her.
205
00:12:10,046 --> 00:12:13,062
She... was crying,
trying to get away.
206
00:12:13,149 --> 00:12:16,301
And then he just...
started shooting her.
207
00:12:16,386 --> 00:12:18,173
Did he aim the gun at you?
208
00:12:18,254 --> 00:12:20,177
No.
209
00:12:20,256 --> 00:12:22,816
Well, Danny, you could
have shouted for help.
210
00:12:22,892 --> 00:12:25,179
You could have made
a run for the police.
211
00:12:25,261 --> 00:12:28,379
I should have.
212
00:12:28,464 --> 00:12:33,653
I... wanted to, but I fr-froze.
213
00:12:33,736 --> 00:12:35,887
And then she was
gone. And there was...
214
00:12:35,972 --> 00:12:38,157
nothing that I could really do.
215
00:12:43,212 --> 00:12:45,135
Are we done now?
216
00:12:47,517 --> 00:12:49,634
Sure, Danny. We're done.
217
00:13:01,297 --> 00:13:03,516
So you bribed Carter and Danny?
218
00:13:03,599 --> 00:13:07,081
I knew you'd flip one.
But, uh, are we in trouble?
219
00:13:07,170 --> 00:13:09,321
It just makes it a stronger
case against Justin.
220
00:13:09,405 --> 00:13:12,091
Oh, please. They can't
even get their stories straight.
221
00:13:12,175 --> 00:13:15,065
Danny says that Justin did the
girl. Carter says that Danny did it.
222
00:13:15,144 --> 00:13:17,363
Then why worry?
223
00:13:17,447 --> 00:13:20,770
You know, you're wasting your time in the
D.A.'s office. I'd triple what you make.
224
00:13:20,850 --> 00:13:24,298
You don't want me, Norman. I
have scruples. They have pills for that.
225
00:13:26,889 --> 00:13:29,677
We got two pleas, why not three?
226
00:13:29,759 --> 00:13:32,376
What's the problem,
Norman? My client is innocent.
227
00:13:32,462 --> 00:13:34,510
Yeah, well, you
can tell that to a jury.
228
00:13:34,597 --> 00:13:36,816
Selection begins three
weeks from tomorrow.
229
00:13:36,899 --> 00:13:38,947
Now, Tracey, what about
this motion in limine?
230
00:13:39,035 --> 00:13:42,085
The sexual history of Kristen
Ames is important to our defense.
231
00:13:42,171 --> 00:13:44,788
It's irrelevant, Your Honor. His
client is facing murder charges.
232
00:13:44,874 --> 00:13:46,749
There's a count of
aggravated rape, which is
233
00:13:46,773 --> 00:13:48,629
an issue at the heart
of the People's case.
234
00:13:48,711 --> 00:13:52,728
It's an excuse to sling mud. The
victim was known to be promiscuous.
235
00:13:52,815 --> 00:13:57,970
She had sex with my client and with
Carter McSherry that night by choice.
236
00:13:58,054 --> 00:14:03,209
The victim's questionable virtue goes
directly to Danny Wallace's state of mind.
237
00:14:03,292 --> 00:14:07,775
She had sex with two men. Danny
Wallace killed her out of jealousy.
238
00:14:07,864 --> 00:14:10,481
I read the briefs.
239
00:14:10,566 --> 00:14:13,047
You're reaching, counselor.
240
00:14:13,136 --> 00:14:15,423
Anything else?
241
00:14:15,505 --> 00:14:18,065
All right, see you at trial.
242
00:14:18,141 --> 00:14:22,067
[Carter] Kristen was passed out, but
she woke up while we were doing it.
243
00:14:22,145 --> 00:14:24,865
When she woke up,
what was Justin doing?
244
00:14:24,947 --> 00:14:27,098
Holding her down, I
guess. Don't guess, Carter.
245
00:14:27,183 --> 00:14:30,301
Did he hold her by the arms?
Details are important here.
246
00:14:30,386 --> 00:14:32,503
Okay, he held her by the arms.
247
00:14:32,588 --> 00:14:35,774
- Don't make things up.
- What do ya want me to say?
248
00:14:35,858 --> 00:14:38,908
Justin said I could bang his
girlfriend. What's the big deal?
249
00:14:40,029 --> 00:14:43,249
You want to help your client out with
the basics of a declarative sentence?
250
00:14:43,332 --> 00:14:44,389
It's your prep, Kibre.
251
00:14:44,413 --> 00:14:46,484
You wanted this deal.
You help make it work.
252
00:14:46,569 --> 00:14:49,824
[Gaffney] The defense will use your
original statement from the police,
253
00:14:49,906 --> 00:14:52,125
the fact that you lied
about giving Justin your gun.
254
00:14:52,208 --> 00:14:54,860
They'll say you were lying
then, you could be lying now.
255
00:14:54,944 --> 00:14:57,504
Well, I ain't lying now.
256
00:14:57,580 --> 00:14:59,653
You know what? I'm done
for today. I got a headache.
257
00:14:59,677 --> 00:15:00,492
Today's it, Carter.
258
00:15:00,516 --> 00:15:02,269
- [Chuckles]
- Carter.
259
00:15:02,351 --> 00:15:04,604
Bitch, I said I'm done!
260
00:15:04,687 --> 00:15:09,842
You're done when I say you're done! Now
sit your ass down and answer the questions!
261
00:15:19,302 --> 00:15:21,282
[Carter] Kristen
and Danny took off.
262
00:15:21,370 --> 00:15:24,454
You know, Justin said
for me to give him my gun.
263
00:15:24,540 --> 00:15:27,192
I asked him why, you know.
264
00:15:27,276 --> 00:15:29,666
He said he wasn't gonna
let Kristen go to the cops.
265
00:15:29,745 --> 00:15:32,670
So he was just
gonna shut her up.
266
00:15:32,748 --> 00:15:34,796
[Kibre] Shut her up
about the rape. Yeah.
267
00:15:36,552 --> 00:15:42,139
So, Justin took the gun and
followed Kristen and Danny out.
268
00:15:42,225 --> 00:15:44,205
Then what?
269
00:15:47,130 --> 00:15:49,087
What did you see or hear?
270
00:15:50,900 --> 00:15:52,823
Oh. Yeah. Gunshots.
271
00:15:52,902 --> 00:15:56,259
Later Justin came back
and gave me the gun.
272
00:15:56,339 --> 00:15:59,355
He said he capped the bitch.
273
00:15:59,442 --> 00:16:02,731
Uh, his words.
274
00:16:02,812 --> 00:16:05,236
[Kibre] Did you get rid
of the murder weapon?
275
00:16:05,314 --> 00:16:07,601
Threw it off the
Williamsburg Bridge.
276
00:16:08,885 --> 00:16:10,968
Nothing further.
277
00:16:11,053 --> 00:16:13,670
Fascinating, Mr. McSherry.
278
00:16:15,658 --> 00:16:19,982
Let's talk a little
about why you're here.
279
00:16:20,062 --> 00:16:22,418
The deal you made with the D.A.
280
00:16:22,498 --> 00:16:26,617
Life in prison without
parole to... what?
281
00:16:26,702 --> 00:16:30,628
Fifteen to 25. Good deal.
282
00:16:30,706 --> 00:16:34,529
Now, did you discuss with the
prosecutor what you were gonna say here?
283
00:16:34,610 --> 00:16:37,728
Did you get your story straight?
284
00:16:37,813 --> 00:16:39,964
Objection. [Judge
Wright] Sustained.
285
00:16:40,049 --> 00:16:43,770
Now, you've had some past
trouble with the law, correct?
286
00:16:43,853 --> 00:16:47,574
Two assault
convictions as a juvenile,
287
00:16:47,657 --> 00:16:49,637
one attempted rape.
288
00:16:50,726 --> 00:16:53,912
You served two years in
a juvenile facility, correct?
289
00:16:53,996 --> 00:16:55,783
Basically, yeah.
290
00:16:55,865 --> 00:17:01,384
An experienced criminal knows the
truth gets you nowhere. Am I right?
291
00:17:01,470 --> 00:17:05,054
You give the police one
version, the D.A. another—
292
00:17:05,141 --> 00:17:07,997
Whatever they wanna hear—
And you get a better deal.
293
00:17:08,077 --> 00:17:10,262
Objection. Is there
a question here?
294
00:17:10,346 --> 00:17:12,269
Sustained. Mr. Rothenberg?
295
00:17:12,348 --> 00:17:17,639
Justin Burch didn't
really kill Kristen Ames,
296
00:17:17,720 --> 00:17:19,837
did he?
297
00:17:25,995 --> 00:17:28,112
Danny stole my
gun earlier that night.
298
00:17:28,197 --> 00:17:32,453
He was mad at Kristen because
she had sex with me and Justin.
299
00:17:32,535 --> 00:17:36,119
I wasn't there, but Justin
said Danny shot her.
300
00:17:36,205 --> 00:17:38,629
Nothing he could do about it.
301
00:17:38,708 --> 00:17:41,997
- Chambers, Your Honor?
- Let's go.
302
00:17:42,078 --> 00:17:44,195
And can Mr. Voight
join us as well?
303
00:17:46,916 --> 00:17:49,966
[Murmuring]
304
00:17:50,052 --> 00:17:52,533
You want to
explain that backflip?
305
00:17:52,622 --> 00:17:54,545
He was thoroughly
prepped, Your Honor.
306
00:17:54,624 --> 00:17:57,139
Maybe Mr. Voight
should answer that.
307
00:17:57,226 --> 00:17:59,513
Was there any inappropriate
contact between you two?
308
00:17:59,595 --> 00:18:01,643
Absolutely not.
309
00:18:01,731 --> 00:18:04,849
Mr. Voight was debriefed
as part of our discovery.
310
00:18:04,934 --> 00:18:07,415
We had dinner and
discussed the case.
311
00:18:07,503 --> 00:18:11,452
We even split the check.
Interesting. Where'd you go?
312
00:18:11,540 --> 00:18:14,897
Le Bernardin. Debriefed
over a $300 meal?
313
00:18:14,977 --> 00:18:18,869
- Sounds like a job audition.
- You're a self-righteous bitch,
you know that?
314
00:18:18,948 --> 00:18:21,167
Can I quote that
to the ethics board?
315
00:18:21,250 --> 00:18:24,038
You can both cool off in a
cell unless you shut the hell up.
316
00:18:24,120 --> 00:18:27,636
[Gaffney] Your Honor, we'd like to redirect
Carter McSherry as a hostile witness...
317
00:18:27,723 --> 00:18:31,979
- and examine why he changed his testimony.
- That could step on
attorney-client privilege, Judge.
318
00:18:32,061 --> 00:18:34,041
Yeah, expose your
duplicitous counsel.
319
00:18:34,130 --> 00:18:36,690
[Rothenberg] Your Honor, these
accusations are without merit.
320
00:18:36,766 --> 00:18:39,725
The witness caved on the stand.
There was nothing improper.
321
00:18:41,904 --> 00:18:45,090
I'll let you redirect on the
witness's credibility only.
322
00:18:45,174 --> 00:18:47,734
I'm keeping the reins tight.
323
00:18:47,810 --> 00:18:51,030
We'll adjourn for the weekend
then resume... Monday at 10:00.
324
00:18:54,450 --> 00:18:57,568
Danny, our offer still stands.
325
00:18:57,653 --> 00:18:59,633
Well, you're it now.
326
00:19:02,558 --> 00:19:04,606
Uh, yeah, okay. I'm up for it.
327
00:19:04,694 --> 00:19:07,346
Listen, they're gonna go
after you for taking this deal.
328
00:19:07,430 --> 00:19:11,049
They'll say you were angry with Kristen
because she slept with Justin and Carter,
329
00:19:11,133 --> 00:19:13,557
and that you killed
her. That's a lie.
330
00:19:13,636 --> 00:19:16,615
[Gaffney] But they're gonna be tough on
you, okay? You just have to remember...
331
00:19:16,639 --> 00:19:18,562
that you're doing
the right thing.
332
00:19:18,641 --> 00:19:20,564
You're helping yourself.
333
00:19:20,643 --> 00:19:23,203
I'm doing it for Kristen.
334
00:19:24,613 --> 00:19:27,173
Ms. Kibre, can I ask a favor?
335
00:19:28,317 --> 00:19:30,297
Sure.
336
00:19:32,355 --> 00:19:36,144
There is something that I
was hoping that I could do.
337
00:19:41,464 --> 00:19:44,218
Mr. and Mrs. Ames
are here at your request.
338
00:19:44,300 --> 00:19:47,919
They're not under any
obligation to say anything to you.
339
00:19:50,039 --> 00:19:54,591
I think Danny what wanted—
No, I gotta— I gotta do this. Please.
340
00:19:58,914 --> 00:20:01,304
I want you to know
how sorry I am.
341
00:20:03,119 --> 00:20:05,099
Sorry?
342
00:20:06,389 --> 00:20:08,472
Do you realize what
you took from us?
343
00:20:08,557 --> 00:20:11,243
Do you?
344
00:20:11,327 --> 00:20:13,910
Say what you gotta
say, and get it over with.
345
00:20:19,568 --> 00:20:22,549
When you wouldn't...
let Kristen date me,
346
00:20:22,638 --> 00:20:26,894
I got Justin to... pick
her up and bring her out...
347
00:20:26,976 --> 00:20:31,072
so that we could see each other
because I knew that you would accept him...
348
00:20:31,147 --> 00:20:34,333
and think that he
was good enough.
349
00:20:35,885 --> 00:20:38,502
I never thought
Kristen would too.
350
00:20:42,158 --> 00:20:45,606
He didn't love her. I did.
351
00:20:47,363 --> 00:20:51,789
And I feel like what
happened was my fault...
352
00:20:51,867 --> 00:20:55,486
for not protecting her,
353
00:20:55,571 --> 00:20:57,893
for not stopping 'em.
354
00:21:00,576 --> 00:21:04,229
I know you hate me, but you
gotta know how sorry I am.
355
00:21:07,116 --> 00:21:09,403
Everyone that hurt
Kristen should be punished.
356
00:21:13,322 --> 00:21:15,541
I want you to know I'm
not taking Ms. Kibre's deal.
357
00:21:16,625 --> 00:21:19,584
- Hold on a second.
- I'm gonna testify against Justin.
358
00:21:19,662 --> 00:21:23,212
But if I'm getting some deal, nobody's
gonna believe that I'm telling the truth.
359
00:21:23,299 --> 00:21:25,655
Danny— Dan, we need
to talk about this. No.
360
00:21:25,734 --> 00:21:30,422
All three of us, whatever
we get, we deserve it.
361
00:21:42,585 --> 00:21:46,238
Well, in the best of all worlds, a
defendant accepts some responsibility.
362
00:21:46,322 --> 00:21:48,245
It's kind of refreshing.
363
00:21:48,324 --> 00:21:52,079
He does it because he's
guilty or because he feels guilty?
364
00:21:52,161 --> 00:21:54,278
You mean, suppose
he's a good kid?
365
00:21:54,363 --> 00:21:58,551
Suppose he is? It kinda
bothers you, huh? Not knowing.
366
00:21:58,634 --> 00:22:01,286
Yeah. Well, let me
tell you something.
367
00:22:01,370 --> 00:22:04,795
In this job, never give
anybody the benefit of the doubt.
368
00:22:05,875 --> 00:22:08,663
So, Danny helps
us convict Justin,
369
00:22:08,744 --> 00:22:12,294
and to repay the favor, we lock
him away for the rest of his life?
370
00:22:12,381 --> 00:22:16,933
Any leniency you show is gonna
look like an exchange for a favor.
371
00:22:17,019 --> 00:22:20,035
Now, Rothenberg will cry
foul all the way to the bar.
372
00:22:20,122 --> 00:22:22,239
Wouldn't that be ironic?
373
00:22:22,324 --> 00:22:25,214
Look, the bottom line is you don't
know what happened that night.
374
00:22:25,294 --> 00:22:27,650
There's no evidence to
exonerate Danny, right?
375
00:22:27,730 --> 00:22:30,382
Just the opposite. Well,
then, thank God for the law.
376
00:22:30,466 --> 00:22:32,423
Just do what it says.
377
00:22:32,501 --> 00:22:35,653
We came with the delusion
that you had a worthwhile offer.
378
00:22:35,738 --> 00:22:37,786
It's better than a conviction.
379
00:22:37,873 --> 00:22:41,560
You've convicted him?
We're certainly confident today.
380
00:22:41,644 --> 00:22:46,469
He does 15 to 25, and we'll recommend
that he serve his time downstate.
381
00:22:46,549 --> 00:22:49,940
- So Mom and Dad can visit.
- No way I'm doing 15 year...
382
00:22:51,186 --> 00:22:53,303
What happened to
that girl was awful.
383
00:22:53,389 --> 00:22:57,645
For the sake of tragedy, I'll
accept negligent homicide.
384
00:22:57,726 --> 00:23:00,582
- Right. Class "E" felony.
- Probation,
385
00:23:00,663 --> 00:23:03,781
substance-abuse
counseling, no time served.
386
00:23:03,866 --> 00:23:05,880
No jury's gonna find
your client innocent.
387
00:23:05,968 --> 00:23:09,325
You can't prove the rape. It
means you don't have a motive.
388
00:23:09,405 --> 00:23:12,364
No motive, your
evidence means nothing.
389
00:23:12,441 --> 00:23:14,922
Danny Wallace is
gonna testify against him.
390
00:23:15,010 --> 00:23:17,798
He took a plea. No one'll
believe a word he says.
391
00:23:17,880 --> 00:23:20,395
Danny's not testifying under
protection of a plea agreement.
392
00:23:20,482 --> 00:23:22,872
Makes him a hell of a lot
more credible than your client.
393
00:23:22,952 --> 00:23:25,274
Makes him a
defendant, not a witness.
394
00:23:25,354 --> 00:23:28,973
If he doesn't take the
stand, you don't have a case.
395
00:23:29,058 --> 00:23:31,243
If he does,
396
00:23:31,327 --> 00:23:36,550
I can ask him anything I want.
397
00:23:40,135 --> 00:23:42,787
Our offer expires
with this meeting.
398
00:23:44,473 --> 00:23:46,453
Why prolong the inevitable?
399
00:23:56,652 --> 00:24:00,134
Your office told me you'd be here.
Last place I'd have of thought to look.
400
00:24:00,222 --> 00:24:03,181
Well, it's about the only
place I can get any work done.
401
00:24:03,258 --> 00:24:06,706
What can I do for you, Norman? I'm just
a little curious about what you're up to...
402
00:24:06,795 --> 00:24:09,515
This altruistic nonsense
your client is doing.
403
00:24:09,598 --> 00:24:11,817
Danny's just trying to do
the right thing. That's all.
404
00:24:11,900 --> 00:24:15,257
Yeah. Trying to put an innocent young
man in prison for the rest of his life.
405
00:24:15,337 --> 00:24:17,260
Please, Norman.
406
00:24:17,339 --> 00:24:20,457
There's a lot of gray
here for both our guys.
407
00:24:20,542 --> 00:24:25,401
I'm sure a seasoned lawyer
like yourself can smell a win.
408
00:24:25,481 --> 00:24:30,840
The D.A.'s case rests
entirely on what Danny says.
409
00:24:30,919 --> 00:24:34,469
If he incriminates himself, he
takes my client down with him.
410
00:24:34,556 --> 00:24:37,208
On the other hand,
411
00:24:37,292 --> 00:24:40,376
if he decides not to testify,
412
00:24:40,462 --> 00:24:43,944
Justin's memory could
significantly improve.
413
00:24:44,033 --> 00:24:47,583
Would I get Justin as a
witness for Danny's defense?
414
00:24:47,670 --> 00:24:51,960
All we need to do here
is raise reasonable doubt.
415
00:24:53,175 --> 00:24:56,100
That's an interesting
way to practice law.
416
00:24:58,180 --> 00:25:00,661
Well, you know,
417
00:25:00,749 --> 00:25:02,797
one thing you're
forgetting, Norman.
418
00:25:04,186 --> 00:25:06,109
What if Danny's on the level?
419
00:25:07,690 --> 00:25:10,205
How long have
you been doing this?
420
00:25:14,963 --> 00:25:18,479
Your motion is surprising
but valid, Mr. Conners.
421
00:25:18,567 --> 00:25:21,082
Joining these trials certainly
makes economic sense.
422
00:25:21,170 --> 00:25:24,527
Your Honor, binding these
defendants creates complexity.
423
00:25:24,606 --> 00:25:28,088
It has the potential of drawing
a single trial out even longer.
424
00:25:28,177 --> 00:25:30,737
Mr. Conners may not be
aware of it, Your Honor,
425
00:25:30,813 --> 00:25:35,069
but our defense could put
his client in a negative light.
426
00:25:35,150 --> 00:25:38,905
- You mean, you intend to blame him.
- It's a bit more nuanced than that.
427
00:25:38,987 --> 00:25:42,242
There's no joint defense? No.
428
00:25:42,324 --> 00:25:44,646
Your Honor, my client
was not a party to this crime.
429
00:25:44,727 --> 00:25:46,980
In fact, he intends to
testify against Justin Burch.
430
00:25:47,062 --> 00:25:49,234
And because of that, the
district attorney would seek
431
00:25:49,258 --> 00:25:51,454
to delay my client's trial
until after his testimony.
432
00:25:51,533 --> 00:25:54,355
Now, I would not be
providing effective counsel...
433
00:25:54,436 --> 00:25:58,020
if I were to let my client sit in
jail for something that he didn't do.
434
00:25:58,107 --> 00:26:00,258
A speedy trial is the very
least that he should get.
435
00:26:00,342 --> 00:26:04,438
Then he should move for a
speedy trial and not a joinder.
436
00:26:05,814 --> 00:26:08,830
Now, both defendants are
accused of the same crime.
437
00:26:08,917 --> 00:26:11,307
I don't think antagonistic
defenses is sufficient reason...
438
00:26:11,386 --> 00:26:13,639
to maintain severance,
especially given the cost.
439
00:26:13,722 --> 00:26:15,611
Your Honor— Ms. Kibre,
440
00:26:15,691 --> 00:26:18,616
I'm granting the
motion. [Gavel Raps]
441
00:26:23,632 --> 00:26:25,555
What the hell is this about?
442
00:26:25,634 --> 00:26:28,490
You think playing rich against
poor is gonna get Danny a walk?
443
00:26:28,570 --> 00:26:33,292
I don't expect you to defend my
client. My job. I'll do it how I see fit.
444
00:26:33,375 --> 00:26:35,355
What guarantee do I
have that he'll testify?
445
00:26:35,444 --> 00:26:38,835
He says he wants to make this
right. Well, that's not good enough.
446
00:26:38,914 --> 00:26:41,497
Well, it's good enough for me.
447
00:26:45,721 --> 00:26:49,340
Even if Danny's story isn't
rock solid, it's not ridiculous.
448
00:26:49,424 --> 00:26:51,261
It could've happened
the way he said. We went
449
00:26:51,285 --> 00:26:53,145
with his story 'cause
he could get us Justin.
450
00:26:53,228 --> 00:26:56,050
Yeah, that's what we want.
I still don't see the problem.
451
00:26:56,131 --> 00:26:58,919
We believed Danny,
and we gave him 15 to 25.
452
00:26:59,001 --> 00:27:02,051
Now, with no deal, just
the mercy of the court,
453
00:27:02,137 --> 00:27:05,153
he gets a jury to
believe him, he walks.
454
00:27:05,240 --> 00:27:07,357
Okay, maybe they
give him a walk.
455
00:27:07,442 --> 00:27:10,059
That's fine if he's
telling the truth.
456
00:27:10,145 --> 00:27:12,467
The worst thing is when
you sucker yourself.
457
00:27:15,350 --> 00:27:18,707
Okay, I'm Danny. I'm standing
here rubbernecking Kristen's murder.
458
00:27:18,787 --> 00:27:22,042
She's getting killed.
You're here frozen in fear.
459
00:27:22,124 --> 00:27:26,050
There are at least three different places
that were probably open at 3:00 a.m.
460
00:27:26,128 --> 00:27:29,519
The bar, that restaurant
and that bodega.
461
00:27:29,598 --> 00:27:31,521
What's your point?
462
00:27:31,600 --> 00:27:34,422
Well, why did Danny
say he was standing here?
463
00:27:34,503 --> 00:27:36,517
Right here?
464
00:27:36,605 --> 00:27:38,995
I'm not following you.
465
00:27:39,074 --> 00:27:41,999
Well, if he was lying, why didn't he
say he was two blocks from here?
466
00:27:42,077 --> 00:27:45,559
Or that he ran when Justin grabbed
Kristen, then heard the shots?
467
00:27:45,647 --> 00:27:48,071
Then he's telling the truth.
468
00:27:48,150 --> 00:27:50,904
What if somebody saw him here?
469
00:27:50,986 --> 00:27:53,205
Cops canvassed the
area. There's no witnesses.
470
00:27:53,288 --> 00:27:56,838
Danny told the cops, "I
was scared. I was frozen."
471
00:27:56,925 --> 00:27:59,315
He's thinking there's a witness
that's gonna come forward...
472
00:27:59,394 --> 00:28:02,148
and say they saw him
in the park that night.
473
00:28:02,231 --> 00:28:05,417
So he makes his statement,
but the witness never turns up.
474
00:28:05,500 --> 00:28:07,583
Now Danny's
stuck with his story.
475
00:28:07,669 --> 00:28:11,561
But if there was a witness, wouldn't
he have seen Justin and Kristen?
476
00:28:13,442 --> 00:28:16,890
Not necessarily. It was dark.
477
00:28:16,979 --> 00:28:18,959
Turn around.
478
00:28:20,015 --> 00:28:24,567
He would've had a perfect view up
and down Avenue B and East 7th.
479
00:28:25,854 --> 00:28:28,335
Anybody would've
seen him coming.
480
00:28:29,791 --> 00:28:31,839
You're saying he was
playing lookout for Justin?
481
00:28:31,927 --> 00:28:33,907
[Sighs] I don't know.
482
00:28:35,564 --> 00:28:38,955
The kid's either
really honest or...
483
00:28:39,034 --> 00:28:41,117
really smart.
484
00:28:43,605 --> 00:28:46,894
So you're not buying Danny's
sacrificial lamb act anymore.
485
00:28:46,975 --> 00:28:48,898
Well, I'm not sure.
486
00:28:48,977 --> 00:28:51,663
It's possible Danny was
playing lookout for Justin.
487
00:28:51,747 --> 00:28:53,670
If he thinks somebody
saw him that night,
488
00:28:53,749 --> 00:28:58,039
- that may be why he told the police
he witnessed the crime.
- You think you could find that witness?
489
00:28:58,120 --> 00:29:00,976
The cops are recanvassing the
area around Tompkins Square Park.
490
00:29:01,056 --> 00:29:04,845
You're telling me your case is
entirely in the hands of a kid...
491
00:29:04,927 --> 00:29:07,977
who you should
be trying to convict.
492
00:29:08,063 --> 00:29:09,986
Look, Dean
Conners is not stupid.
493
00:29:10,065 --> 00:29:11,988
He knows how a jury
loves an underdog.
494
00:29:12,067 --> 00:29:13,990
Danny will testify.
495
00:29:14,069 --> 00:29:16,132
He'll have to answer
the accusations made by
496
00:29:16,156 --> 00:29:18,291
Justin's defense. I'll
take my shot on cross.
497
00:29:18,373 --> 00:29:20,720
Except when you
impeach Danny's credibility,
498
00:29:20,744 --> 00:29:23,061
you make everything
else he says worthless.
499
00:29:23,145 --> 00:29:25,159
And Justin walks.
500
00:29:25,247 --> 00:29:28,831
There you go, ladies. You've been
outmaneuvered. [Cell Phone Rings]
501
00:29:28,917 --> 00:29:31,569
Yeah?
502
00:29:31,653 --> 00:29:34,043
Okay. She'll be right down.
503
00:29:35,057 --> 00:29:37,174
Kristen's parents are here.
504
00:29:38,894 --> 00:29:41,284
We've prayed about this.
505
00:29:41,363 --> 00:29:44,219
And Karen and I feel...
506
00:29:44,299 --> 00:29:47,747
Well, we may have
misjudged Danny.
507
00:29:47,836 --> 00:29:50,419
We favored Justin...
508
00:29:50,505 --> 00:29:52,462
for the wrong reasons.
509
00:29:52,541 --> 00:29:56,057
And we pushed Kristen
towards him, and...
510
00:29:56,144 --> 00:29:58,500
she died because of it.
511
00:29:58,580 --> 00:30:00,936
Danny cared for her.
512
00:30:01,016 --> 00:30:03,576
We feel some
blame for her death.
513
00:30:03,652 --> 00:30:07,771
Mr. and Mrs. Ames, I sympathize with
what you're going through. I really do.
514
00:30:07,856 --> 00:30:11,645
We want to ask if the murder
charges against Danny can be dropped.
515
00:30:11,727 --> 00:30:15,619
We don't want him going to
prison for the rest of his life.
516
00:30:15,697 --> 00:30:17,916
See, we've forgiven him.
517
00:30:18,000 --> 00:30:20,083
In our hearts.
518
00:30:21,937 --> 00:30:25,123
We have evidence that
suggests his involvement.
519
00:30:25,207 --> 00:30:27,130
The law says we
hold him accountable.
520
00:30:27,209 --> 00:30:30,634
- He was just a witness.
- We don't know what he was.
521
00:30:30,712 --> 00:30:33,637
He didn't kill her.
You know that.
522
00:30:37,352 --> 00:30:40,072
I'm sorry. I have to
prosecute the crime.
523
00:30:45,894 --> 00:30:49,046
[Man] And here we see Kristen Ames
leaving the building with Danny Wallace.
524
00:30:49,131 --> 00:30:53,717
Right after that, we see Justin
Burch following them out the door.
525
00:30:55,037 --> 00:30:56,960
[Kibre] And what's the
time on the footage?
526
00:30:57,039 --> 00:30:58,962
They left the
building at 3:27 a.m.
527
00:30:59,041 --> 00:31:01,129
It correlates with the
estimate time of death,
528
00:31:01,153 --> 00:31:02,990
which was put between
3:00 and 4:00 a.m.
529
00:31:03,078 --> 00:31:06,196
So you inferred
that the murder...
530
00:31:06,281 --> 00:31:10,298
happened shortly after
all three left the building.
531
00:31:10,385 --> 00:31:12,809
Correct.
532
00:31:14,456 --> 00:31:16,379
Thank you, Detective Saunders.
533
00:31:17,392 --> 00:31:20,976
I was, uh, coming out of
the establishment, and, uh...
534
00:31:21,063 --> 00:31:25,683
Over there by the—by the fence, where
the lady is standing with the—with the dog?
535
00:31:25,767 --> 00:31:30,159
I see this guy standing
around, and he sees me, right?
536
00:31:30,238 --> 00:31:34,187
And I figure, who stands on a
corner at 3:00 a.m. unless he's holding.
537
00:31:34,276 --> 00:31:38,600
Did you approach him? I got close enough
to see he wasn't a drug dealer, you know?
538
00:31:38,680 --> 00:31:41,036
So I turned around,
and I walked away.
539
00:31:41,116 --> 00:31:43,972
Half a minute later, I
heard two gunshots.
540
00:31:45,520 --> 00:31:48,877
- This was the guy you saw, right?
- No. No, that's—That's not him.
541
00:31:48,957 --> 00:31:51,517
All right.
542
00:31:51,593 --> 00:31:54,245
What about this guy?
543
00:31:55,430 --> 00:31:57,353
Yeah, yeah, yeah.
That—That's him.
544
00:31:58,400 --> 00:32:01,086
That's him for sure. Yeah.
545
00:32:01,169 --> 00:32:04,492
Did you see anyone else with
him? Another man and a woman?
546
00:32:04,573 --> 00:32:07,031
No, just—just—just him.
547
00:32:07,109 --> 00:32:09,362
Why didn't you come
forward before now?
548
00:32:09,444 --> 00:32:11,902
You think I'm looking
for a headache?
549
00:32:11,980 --> 00:32:17,305
Hey. Hey, uh, you think I
can get a ride across town?
550
00:32:17,385 --> 00:32:19,536
I got an appointment
for my meds.
551
00:32:21,323 --> 00:32:23,804
All right.
552
00:32:23,892 --> 00:32:26,509
We're not actually thinking
of using this guy, are we?
553
00:32:26,595 --> 00:32:28,678
You kidding?
554
00:32:28,763 --> 00:32:32,120
Excuse me? I turned Alphabet
City upside down looking for this guy.
555
00:32:32,200 --> 00:32:34,157
His story proves
Danny was the lookout.
556
00:32:34,236 --> 00:32:36,159
And thank you
for that, Detective.
557
00:32:36,238 --> 00:32:39,754
But I'm not about to stake my case
on the credibility of a perpy witness.
558
00:32:39,841 --> 00:32:42,094
So you're gonna cut him
loose. I didn't say that.
559
00:32:42,177 --> 00:32:45,659
Do an addendum to the witness list. I'll
take it up with the judge in the morning.
560
00:32:45,747 --> 00:32:48,228
But if we're not going to
call him, what's the point?
561
00:32:48,316 --> 00:32:51,741
He's got scare value.
562
00:32:51,820 --> 00:32:55,211
[Kibre] Your Honor, this witness
only came to our attention last night.
563
00:32:55,290 --> 00:32:57,213
We've moved on, Ms. Kibre.
564
00:32:57,292 --> 00:32:59,511
He's an important
percipient witness.
565
00:32:59,594 --> 00:33:03,110
He was near the crime scene and can
offer firsthand observations of the murder.
566
00:33:03,198 --> 00:33:05,713
[Rothenberg] Prosecution's
playing games here, Your Honor.
567
00:33:05,800 --> 00:33:08,725
I have to agree, Your Honor.
They've already rested their case.
568
00:33:08,803 --> 00:33:12,729
Then we ask to revisit the issue
until after the defense has concluded.
569
00:33:12,807 --> 00:33:14,764
Even on rebuttal,
it's unfair surprise.
570
00:33:14,843 --> 00:33:18,098
All right. All right. We'll take the
matter up again at the appropriate time,
571
00:33:18,180 --> 00:33:20,103
see if a rebuttal's in order.
572
00:33:20,182 --> 00:33:22,606
- Your Honor— -
[Wright] Bring in the jury.
573
00:33:22,684 --> 00:33:25,108
Let's get this show going.
574
00:33:26,621 --> 00:33:29,136
This witness they're talking
about— You know this guy?
575
00:33:29,224 --> 00:33:31,113
No, of course not.
576
00:33:31,193 --> 00:33:33,446
Well, this is a
hell of a surprise.
577
00:33:33,528 --> 00:33:37,886
Look, I didn't see anybody else that
night, if that's what you want to know.
578
00:33:39,868 --> 00:33:43,350
I told you I'm innocent. Being
innocent isn't enough, Danny.
579
00:33:43,438 --> 00:33:46,761
Innocent people go to prison all the
time. You understand what I'm saying?
580
00:33:48,310 --> 00:33:52,896
I don't know what this guy's
gonna say, what he thinks he saw.
581
00:33:53,915 --> 00:33:57,306
I need you to be straight
with me here. I am. I swear.
582
00:33:57,385 --> 00:34:00,173
Mr. Conners? Are we ready?
583
00:34:04,025 --> 00:34:07,006
Your Honor, the defense
calls Daniel Wallace.
584
00:34:10,265 --> 00:34:13,656
I watched him shoot her twice.
585
00:34:13,735 --> 00:34:16,455
I couldn't breathe. I
couldn't move. Uh...
586
00:34:16,538 --> 00:34:19,519
When I finally snapped
out of it, I got nauseous.
587
00:34:19,608 --> 00:34:22,168
I was sick about it. Why
didn't you help her, Danny?
588
00:34:22,244 --> 00:34:25,169
I wanted to. I was scared.
589
00:34:25,247 --> 00:34:27,170
I thought Justin was
going to kill me too.
590
00:34:27,249 --> 00:34:29,832
Danny, why are you
testifying here today?
591
00:34:31,586 --> 00:34:35,205
Because I feel like I owe
it to Kristen and her family.
592
00:34:36,625 --> 00:34:38,912
No more questions.
593
00:34:50,105 --> 00:34:54,759
Justin dragged Kristen Ames
into the park and murdered her...
594
00:34:54,843 --> 00:34:57,824
while you stood
frozen in fear, correct?
595
00:34:57,912 --> 00:35:00,666
That's right. So you were
an eyewitness to the crime.
596
00:35:00,749 --> 00:35:03,503
Why did he kill
Kristen and let you live?
597
00:35:03,585 --> 00:35:07,340
I don't know. Uh,
you'd have to ask him.
598
00:35:07,422 --> 00:35:10,574
Well, why didn't you run for help?
Why didn't you go to the police?
599
00:35:10,659 --> 00:35:13,914
I wish I had, but, uh, I
guess I was in shock.
600
00:35:13,995 --> 00:35:16,476
I couldn't believe what
was happening. And then...
601
00:35:16,564 --> 00:35:20,752
afterwards, I kinda lost my
head, seeing Kristen laying there...
602
00:35:22,671 --> 00:35:25,186
But you had the presence of
mind to retrieve your jacket...
603
00:35:25,273 --> 00:35:27,925
from right next to the body.
604
00:35:30,578 --> 00:35:32,535
I barely remember doing that.
605
00:35:35,383 --> 00:35:38,000
I'm wondering,
Danny— [Clears Throat]
606
00:35:38,086 --> 00:35:41,102
While you were
witnessing Kristen's murder,
607
00:35:41,189 --> 00:35:43,977
was there anybody in the area?
608
00:35:44,059 --> 00:35:46,210
Anybody who could've seen you?
609
00:35:46,294 --> 00:35:50,277
Well, there might've, uh, been
someone, now that I think about it.
610
00:35:50,365 --> 00:35:55,087
But... he was across the street. And
then he headed in the other direction.
611
00:35:55,170 --> 00:35:57,856
So— You've never
mentioned this person before.
612
00:36:01,710 --> 00:36:04,362
I'm sorry. I forgot.
613
00:36:05,880 --> 00:36:08,600
So it was just that one
person. Nobody else?
614
00:36:08,683 --> 00:36:11,300
No.
615
00:36:11,386 --> 00:36:15,039
How would you know that?
How could you know that?
616
00:36:15,123 --> 00:36:19,777
You testified that you were
facing the opposite direction,
617
00:36:19,861 --> 00:36:24,481
frozen in fear, watching
Justin kill Kristen.
618
00:36:24,566 --> 00:36:27,388
You know, Danny, I'd love
to talk about the whole truth...
619
00:36:27,469 --> 00:36:29,620
and not just the parts
that make you look good.
620
00:36:29,704 --> 00:36:32,754
- Objection. Argumentative.
- Sustained.
621
00:36:32,841 --> 00:36:35,401
Why'd you let Justin
kill Kristen Ames?
622
00:36:35,477 --> 00:36:38,163
I didn't.
623
00:36:38,246 --> 00:36:41,603
How did you feel when Kristen told
you that Justin and Carter had raped her?
624
00:36:41,683 --> 00:36:45,233
I was angry. That's why me and
Kristen were getting out of there.
625
00:36:45,320 --> 00:36:48,301
You didn't blame her just a little
bit? Maybe feel a little betrayed?
626
00:36:48,390 --> 00:36:52,077
- I didn't do anything to her.
- She hurt you all over again that night,
627
00:36:52,160 --> 00:36:54,083
and you didn't
believe her, did you?
628
00:36:54,162 --> 00:36:56,279
I loved Kristen.
629
00:36:56,364 --> 00:36:59,016
Justin killed her
right in front of me.
630
00:36:59,100 --> 00:37:03,026
Oh, Danny, I know he did. Doesn't
mean you didn't want it to happen.
631
00:37:22,457 --> 00:37:24,437
[Pencil Scratching]
632
00:37:28,463 --> 00:37:30,978
- Any news?
- Jury just broke for dinner.
633
00:37:31,065 --> 00:37:32,988
I doubt they're
coming back tonight.
634
00:37:34,569 --> 00:37:37,323
I know what you're thinking,
Tracey. Don't go there.
635
00:37:37,405 --> 00:37:40,159
I went after Danny.
It didn't help our case.
636
00:37:40,241 --> 00:37:42,824
The jury'll figure it out.
637
00:37:42,911 --> 00:37:46,803
The only thing the jury saw was a
prosecutor beating up on a kid they liked.
638
00:37:49,217 --> 00:37:51,504
He got that look in his eye.
639
00:37:51,586 --> 00:37:53,873
He was lying his heart out.
640
00:37:55,657 --> 00:37:57,876
You saw that.
641
00:37:59,227 --> 00:38:01,617
Yeah, I saw that.
642
00:38:20,882 --> 00:38:22,805
Jury's comin' back.
643
00:38:24,185 --> 00:38:26,108
You okay?
644
00:38:27,689 --> 00:38:31,308
The D.A. made a lot of
accusations without evidence.
645
00:38:31,392 --> 00:38:33,372
You did good.
646
00:38:33,461 --> 00:38:36,386
The jury'll do the right thing.
647
00:38:36,464 --> 00:38:39,514
[Inhales, Exhales]
648
00:38:39,601 --> 00:38:41,524
That, uh,
649
00:38:43,271 --> 00:38:45,251
last-minute witness...
650
00:38:48,476 --> 00:38:50,399
Kibre was bluffing, right?
651
00:38:57,018 --> 00:38:58,941
Don't tell me...
652
00:38:59,020 --> 00:39:01,535
that you've been
lying to me all this time.
653
00:39:10,932 --> 00:39:13,652
Before,
654
00:39:13,735 --> 00:39:17,126
you said whatever I do,
you weren't here to judge me.
655
00:39:18,206 --> 00:39:20,528
That's right, Danny.
656
00:39:20,608 --> 00:39:22,588
I did say that.
657
00:39:25,713 --> 00:39:27,693
That night,
658
00:39:30,818 --> 00:39:32,775
I told her I still loved her.
659
00:39:36,691 --> 00:39:40,787
And she said I wasn't...
660
00:39:40,862 --> 00:39:43,616
the type of person that
she wanted to be with.
661
00:39:45,233 --> 00:39:47,213
You know what that meant?
662
00:39:47,302 --> 00:39:49,259
That meant Justin.
663
00:39:51,039 --> 00:39:53,122
I would've done
anything for her.
664
00:39:54,309 --> 00:39:56,289
And she...
665
00:39:57,645 --> 00:40:00,535
screws these guys
right under my nose.
666
00:40:02,417 --> 00:40:07,208
- They raped her, Danny.
- That is what she said.
667
00:40:07,288 --> 00:40:10,008
What did you do?
668
00:40:15,730 --> 00:40:17,653
I was so mad.
669
00:40:20,668 --> 00:40:22,648
And I'm yelling at her,
670
00:40:24,706 --> 00:40:28,802
and Justin's yelling at her, and he
starts threatening her with his gun.
671
00:40:32,680 --> 00:40:34,797
And I told him... to do it.
672
00:40:34,882 --> 00:40:37,204
I didn't care anymore.
673
00:40:42,190 --> 00:40:44,443
I think I loved her too much.
674
00:41:03,277 --> 00:41:05,428
[Judge Wright] Has the
jury reached a verdict?
675
00:41:05,513 --> 00:41:07,994
We have, Your Honor.
For Justin Burch,
676
00:41:08,082 --> 00:41:10,404
on the charge of the
indictment, how do you find?
677
00:41:10,485 --> 00:41:12,807
[Woman] We find
the defendant guilty.
678
00:41:14,122 --> 00:41:18,218
For Daniel Wallace, on the charge
of the indictment, how do you find?
679
00:41:18,292 --> 00:41:20,614
We find the
defendant not guilty.
680
00:41:20,695 --> 00:41:23,153
[Murmuring]
681
00:41:27,135 --> 00:41:29,422
Thank you, Jury.
You are dismissed.
682
00:41:31,005 --> 00:41:33,520
Congratulations.
683
00:42:03,404 --> 00:42:05,384
You're not celebrating.
684
00:42:05,473 --> 00:42:07,453
What brings you down here?
685
00:42:08,776 --> 00:42:11,826
Rothenberg filed a
notice of appeal for Justin.
686
00:42:11,913 --> 00:42:14,200
It probably won't go
anywhere, but if it does...
687
00:42:14,282 --> 00:42:16,262
Danny's not my
client anymore, Kibre.
688
00:42:19,487 --> 00:42:21,672
He walked. You had a good plan.
689
00:42:21,756 --> 00:42:25,511
Danny's plan. Smart kid.
690
00:42:27,395 --> 00:42:29,318
You believed him.
691
00:42:29,397 --> 00:42:31,821
Wasn't there a
minute you did too?
692
00:42:34,902 --> 00:42:36,882
I wanted to.
693
00:43:08,035 --> 00:43:10,493
[Howling]
694
00:43:11,305 --> 00:44:11,907
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