All language subtitles for Law.and.Order.S23E08.1080p.WEB.H264-SuccessfulCrab.Hi

In the criminal justice system,

the people are represented

by two separate, yet
equally important groups:

The police, who
investigate crime,

and the district attorneys,
who prosecute the offenders.

These are their stories.

[turnstile beeps]

[train screeches distantly]

- [grunts]
- [gasps]

[suspenseful music]

♪ ♪

Hey. [Train chimes]

Where you headed
tonight, beautiful?

Can I come?
- [whistling]

Come on. Where you going?

Come back. [Indistinct chatter]

♪ ♪

Oh, sorry, I didn't mean to...

[wheezing] [wheels screeching]

[screams]

Station's locked down.

MTA is rerouting trains
in both directions,

but they're eager to
get things moving again.

Where's that level of urgency
when there isn't a dead body

to deal with?

[sighs]

[whistles]

Cause of death?

Can't say for sure.

But given the
petechial hemorrhaging,

my guess is asphyxia.

So he was strangled to death.

How long ago did this happen?
- Less than an hour.

- Any witnesses?
- None so far.

The MTA worker who
found the body said

he walked the car
15 minutes before,

but he didn't see
anything unusual.

So the call came in at 12:34,
so the murder had to happen

sometime between
12:15 and 12:30.

We need the security
footage from every station

the train passed through
in that window, okay?

Okay.

All right, young man, let's see.

No phone.

Oh, vic's still got his wallet.

Ellis Joyner, just turned 24.

Yeah, I thought he
looked familiar.

You know him?

Not personally, he's
a stand-up comic.

Came from down South,

loved to talk about how
much he liked New York.

Great place to live

not such a great place to die.

[dramatic music]

♪ ♪

We found bleeding in the
anterior neck strap muscles,

as well as fractures
in the hyoid bone

and thyroid cartilage horns.

And that means?

He died of cerebral ischemia

due to a lack of blood
flow to the brain.

I'd say his carotid arteries

and jugular vein were
compressed bilaterally,

like this.

So the killer had him
in a sleeper hold?

Exactly, a carotid sleeper hold.

So you're saying our
vic was choked to death.

Yes, and it's not like

he had an easy time
breathing on his own.

What do you mean?

ME pulled Joyner's
medical records.

Turns out he had severe asthma.

She said his lungs
were hyperinflated,

which means he was likely
having an attack when he died.

- Was that the cause of death?
- No.

That would be strangulation,

probably from a
lethal choke hold.

What else do we
know about the vic?

He was single, lived alone.

Both parents were deceased.

His latest comedy
special on YouTube

had over a million views...
the guy was pretty popular.

Yeah, well, not with everyone.

What about his phone?
Did we ping it?

No signal.

Bright side is, the
MLI found fresh blood

on Joyner's jacket that
didn't match his blood type,

so the lab's going
through that right now.

All right, so where are
we with the video footage?

Our train passed
through 6 stations

within the 15-minute window.

Of the 6, 4 of them had
cameras that were broken.

Footage from the 2 stations
that had working cameras

caught a few dozen people
getting on and off the trains.

Yeah, except none of 'em go into

or out of the car
where Joyner was found.

Hey, so Joyner's
MetroCard was swiped

at 14th Street Station,
where he got on.

There were no working
cameras there either.

But I pulled street-cam footage
from outside the station.

The closest I could get
was a few blocks away,

but I found this.

♪ ♪

Well, that dude
does not look happy.

- Yeah.
- Can you zoom in on his face?

♪ ♪

Wait, is that...

- Malcolm Paige?
- The comedian?

He used to open for
Chappelle back in the day.

Track him down.

An audience member at
your show last night

posted this to
their social media.

It'd be a massive
disappointment

if he was even remotely
relevant anymore.

But you know what they say.

You either die a hero
or live long enough

to become Malcolm Paige.

[laughter]

Is that why you attacked
him after the show?

He attacked me.

Got his panties all in a
twist because he didn't like

some of the jokes I was tellin'.

Hit too close to
home for fancy boy.

Is this you trying to
imply that Joyner was gay?

I ain't implying nothing.

The point is, he embarrassed you

in front of what was
supposed to be your audience.

I mean, it must've really
pissed you off, huh?

Whatever.

You know, we have video of
you taking a swing at Joyner.

So what happened?

You follow him down the subway,
try to finish the fight?

My car service picked me up

right after Joyner ran
off like a little bitch,

followed by his b...

Boyfriend in tow.

You're saying he
was with somebody?

He was with a dude,

and they weren't
getting along either.

Paige's car service
confirms his alibi.

I went through Joyner's texts
and emails in the cloud.

There's no evidence
he had a boyfriend.

Well, I think that's 'cause
he was still in the closet.

I contacted the Travlr app.

They gave me access
to his account here.

It looks like he was dating
somebody he met on the site.

A lot of messages between him
and a guy named Michael Zane.

He's in the system.

Zane was arrested for
aggravated assault last year.

Hmm.

Yeah, these two were definitely

in some kind of fight.

I mean, "Keep on like
this, you'll end up dead."

Either the Zane guy
can see the future or.

I didn't kill Ellis.

I cared about him very much.

"Keep on like this, and
you're gonna end up dead."

You didn't send that message?
- No, not like that.

I was talking about
his... self-hatred.

We have an eyewitness

that puts the two of you
together night before last.

Said you guys were in
some kind of fight.

We were.

I thought things would
be better for him

if he allowed himself
to live openly,

but he refused.

He was convinced his fan
base would turn on him.

This fight ever turn physical?

No, of course not.

We are aware of your prior
for aggravated assault.

I was in a bar when two
dudes got into a fight.

I tried to break
things up, but...

I'm Black, so when
the cops showed up...

So you were on the train
with Ellis that night?

Yeah.

Malcolm Paige had
just attacked him,

and he said he wanted
time to be alone.

So I got off after a
few stops, went home.

Did you notice
anything suspicious

while you were on the subway?

Yeah.

Uh, there was a guy
on the subway with us,

white guy.

He kept staring at us.

And when I got up to get
off, he stepped in my way.

- On purpose?
- Yeah.

I wasn't in the mood, so
I just brushed past him.

Did he say anything to you?

"Watch yourself."

- Can you describe him?
- Brown hair.

He was wearing
bright-yellow sneakers,

like, neon,

and a hoodie

with some kind of
symbol on the back.

[low ominous music]

- What station is that?
- 86th Street,

one stop before the one where
Joyner's body was found.

Okay, but we can't
see his face, though.

Can you find another angle?
- This is all we've got.

Can you zoom in on that?

Wait a second. I've
seen that logo before.

♪ ♪

[rock music playing]

This place opened
up about a year ago.

Been peppering my
neighborhood with flyers.

Mixed martial arts
is the future, huh?

Yeah, maybe this
is where our killer

learned to strangle people.
- 'Sup? How you doing?

Uh, yeah, we'd like
to talk to the owner.

Is he here?
- Dom?

Um, you just missed him.

He left, like, two minutes ago.
- Is that him?

♪ ♪

Yep.

I see it.

You know when he's
gonna be back?

He was getting a
cab to the airport.

Did he say where he was going?

I want to say Toronto.

Which way did he go?

[tense music]

♪ ♪

Vince.

♪ ♪

[whistles]

Hey!

Hey, NYPD. Mr. Kovac, NYPD.

- Hey.
- Hey!

- Do not move!
- NYPD!

- Do you hear me? Do not move!
- NYPD!

I didn't know you
guys were cops.

Yeah, you just treat
everybody that way?

- Treat Ellis Joyner that way?
- I don't know who that is.

He was choked to death two
nights ago in the subway.

That ringing a bell?

Okay, tough guy,
you're coming with us.

Get up.

I've never seen this
guy before in my life.

You know, Domhnall, we are aware

of your four previous
convictions for assault,

all against Black victims,
two charged as hate crimes.

Clocked that tattoo on you

the combat boots with the "88."

That's a white
nationalist symbol.

So what happened?

You see a Black
guy on the train,

decided to take him out?

I didn't do anything to anyone.

[bangs on table] Hey.

I'm the one talking to you.

Fine.

I'll tell you, then.

I had nothing to do with
what happened to that guy.

Where were you around
midnight night before last?

- Chelsea, working out.
- You work out at that hour?

I run an intensive
training program

for some guys at the gym.

I call it the Combat Academy.

I base it on the Navy
SEALs training course.

So, once a week, we do a
late-night endurance run.

And when did this
endurance run end?

Around midnight.

Okay, so you go on
your little fun run.

Then you get on the subway,
and you kill Ellis Joyner.

I was never on the subway.

We have you on video.

You can make out this sweatshirt

and those sneakers clear as day.

These are part of the
Combat Academy uniform.

Every member has them.

Look, fellas, I'm
trying to tell you

after the run was over, I went
to my girlfriend's apartment.

She lives a few blocks away.

You can check with her doorman.

All right, and would
you be willing to submit

to a DNA swab?

Fine.

We're also gonna need the names

of every member of
your Combat Academy

that was there that night.

♪ ♪

[school bell rings]
- All right. See you guys.

- Brandon Arnou?
- Yes?

NYPD, we need to talk
to you for a minute.

Uh, yeah, of course.
Is something wrong?

- We're investigating a murder.
- A murder?

Are you a member

of Domhnall Kovac's
Combat Academy?

Uh, yes. Why?

Did you attend his
midnight training session

three nights ago?

Um, I-I did.

I did, yeah.

Yeah, I'm trying to
get back into shape.

My wife left me
last year, and I...

You... you don't need to
know all that. [Chuckles]

You ride the subway
home after that?

Uh, no.

- Really?
- Mm-mm.

'Cause we noticed that your
apartment's a straight shot

on the C train from Chelsea.

Yeah, well, I-I-I ran home,

trying to push myself, you know?

How did you get that lip?

Oh, uh, grappling training.

Took an elbow to
the face. [Chuckles]

Would you be willing to
submit to a DNA swab,

just to eliminate
you as a suspect?

Uh...

[sighs]

Look, it was an accident.
- What was an accident?

That man was attacking
a woman on the subway.

I-I was just trying
to protect her.

I know I should have told
someone, but I panicked.

Are you admitting to
killing Ellis Joyner?

[dramatic music]

Look, I didn't mean to.

- Okay.
- I-I was just trying to help.

Hands behind your back.

We're gonna walk out
of here nice and slow.

Here we go.

Detectives, what
is the holdup here?

My client has explained to you
what happened several times.

Yeah, we really appreciate
your cooperation, too.

He has nothing to hide.

Arnou, so that woman that you
say Ellis Joyner attacked,

the one you claim
to have rescued,

she was dressed
like a dancer, yeah?

Yeah, she was wearing tights,

and her hair was in
a, uh, ball, you know?

Thing is, we checked
the surveillance footage

from the train platforms,

and we didn't find anybody
meeting that description.

I'm telling you, she was there.

Were the cameras working
at every station?

We also executed a search
warrant in your home.

Didn't find anything.

Yeah, well, of course
not. What would you find?

Mm. Yeah, but, see, then
we got a search warrant

for your gym locker.

That's where we found
something really interesting.

Ellis Joyner's cell
phone, but you knew that

because you stole it from him
right after you killed him,

and we know why.

Because right after
you attacked him,

he started recording
you, didn't he?

And, see, what you don't
know about Black people is,

we can never be too careful
'cause we don't know

who's gonna try to paint
us out to be the bad guy.

So we watched that video,

and we listened to it, and
we did not see any woman.

But what we did see is that...

Don't say another word.

This interview's over.

♪ ♪

What do you think?

It's a tough call.

He admits to killing Joyner,

but I'm not sure we
have enough to charge.

So we have two choices.

We can either cut him
loose, or we can arrest him.

♪ ♪

Arrest him.

♪ ♪

Brandon Arnou's really captured

the public's attention.
- Sure has.

Half the city buys Arnou's story

that he killed Joyner
in self-defense,

and the other half
sees white man

killing an unarmed Black man.

It's a litmus test
for what people think

or what they want to believe.

Well, here's what I believe.

Arnou held Joyner
in a choke hold

for a long time after
he was unconscious.

Even if he was acting
in self-defense

at the start of all this,

it eventually turned
into a homicide.

And we have video
that supports that?

Uh, sort of.

Seconds after Joyner
pulled out his phone

to record the incident,

Arnou knocked it
out of his hands.

Then the phone landed
on the ground lens down.

Visually, it's just black.

But it kept recording,
so there's audio.

You can hear Arnou get
Joyner into the choke hold.

Joyner repeatedly
says he can't breathe.

And after that, the
tape goes silent.

- Because Joyner passed out.
- That's what it seems like.

After he goes quiet,

there's three minutes
of total silence

before Arnou gets off him.

You're saying that
he kept Joyner

in a choke hold for
three full minutes

after he seemed to
have passed out?

Mm-hmm, and Arnou
picks up the phone,

realizes it's been
recording, and then stops it.

But the phone must've locked.
- Which is why Arnou took it.

He realized it would
upload to the cloud,

so he wanted to delete it.

Search history on Arnou's laptop

shows that he was
trying to figure out

how to access a phone
without a passcode.

Obviously knew the
video was damning.

So what's the next move?
What are you thinking?

We have a solid case
for manslaughter.

Whether you believe
Arnou's account or not,

there... there's no question
he used excessive force.

Manslaughter?

You just told me
he choked him out

for three minutes after he
was already unconscious.

Correct, but Arnou claims he
was trying to help someone.

He was trying to
protect a young woman.

That woman we haven't
been able to identify.

This isn't manslaughter, Nolan.

This is depraved
indifference to human life.

You want to charge
him with murder?

Absolutely. We need
to make a statement.

The facts are tricky.

Arnou claims he was trying
to save a woman's life,

not to mention he has
no history of violence.

I understand.

But this is George
Floyd all over again.

And I'm sure as hell
not gonna end up

on the wrong side of it.

Charge him with murder two.

- [grunting]
- [gasping]

I can't breathe.

- [grunting]
- I can't breathe.

[gasps]

[train rattling]

[object clatters]

[breathing heavily]

Oh, my God.

Dr. Infante, could you
explain what we just heard?

Once the air supply
has been cut off,

it takes about five minutes
for brain death to occur

half that time for an asthmatic.

The body goes through
severe seizure-like activity

with convulsions.

And once enough pressure was
applied to the carotid artery,

the victim would have
lost consciousness.

Which accounts for
the last three minutes

when there were no
sounds of a struggle?

Yes.

Meaning after those
first few minutes,

Ellis Joyner no longer posed

a lethal threat
to the defendant?

In my professional opinion, no.

And... and yet, for
three full minutes,

the defendant just
continued to choke him.

Thank you, Doctor.
No further questions.

[chair scrapes]

Dr. Infante, isn't it true

that the surge of
adrenaline caused

by a life-or-death confrontation

can distort not only
one's sense of time

but also an awareness
of one's surroundings?

It's possible.

Would you characterize such
a response as reasonable?

I would say it's not uncommon.

So you're saying it is both
possible and reasonable

that in the confusion
and panic of the moment,

Brandon Arnou did not realize

that the man he believed
was trying to kill him

had lost consciousness?

Yes.

Thank you. Nothing further.

How long had you
and Ellis Joyner

been seeing each other?

About six months.

It wasn't a storybook
romance, but

it was the best six
months of my life.

You were on the train that
night with Ellis, correct?

Yes, I got off at 50th
Street to go home.

Did you interact with
the defendant at all

while you were on the train?

Yes, I caught him staring
at us a couple of times.

It was weird.

And when I got up to get off, he

stepped in my way.

Intentionally?

Yeah, aggressively.

When I accidentally
bumped into him,

he said, "Watch
yourself," with this tone.

- What kind of tone?
- A racist tone.

Like, he might as well have
said, "Watch yourself, boy."

Objection, Your Honor,
calls for speculation.

The witness can't testify to
things my client didn't say.

Sustained.

The jury will disregard.

No further questions.

You claim that
Mr. Arnou was aggressive

towards you, confrontational.

He was.

But Mr. Arnou has no history
of violent behavior, none.

So?

But you do, right?

You were charged with
aggravated assault.

Yeah, but that has nothing to do

with what happened that night.

He was the aggressor.
- I see.

And to be clear, you were not
a witness to the altercation

between Ellis Joyner
and Mr. Arnou?

- Correct.
- So you have no idea

if Joyner attacked
that woman or not,

and you have no idea
if Mr. Arnou was,

in fact, trying to help her.

I wasn't there, but I know
he didn't attack that woman.

But you weren't there.

No further questions.

The witness may step down.

Call your next
witness, Mr. Price.

The prosecution rests.

Mr. Kagan, you're up.

The defense calls Rebecca Lasky.

Objection, Your Honor,
unfair surprise.

This is the first we are hearing

of any witness by that name.

That's because this witness
only just came forward.

♪ ♪

Ms. Lasky, were you
on the C subway train

the night Ellis
Joyner was killed?

Yes, I was there.

Did you witness the altercation?

Yes, I did.

Can you tell us what happened?

I entered the subway car

and accidentally
bumped into Mr. Joyner,

and

he appeared to be mentally
disturbed in some way.

He kept making these
aggressive grunting noises.

And then he lunged at me.

And then what happened?

He reached into his pocket.

I was scared he had a knife
or something, so I screamed.

I screamed for help,

and that man saved me.

My client, Mr. Arnou?

Yes, he grabbed Mr. Joyner,

and he pulled him away from me.

And then Joyner attacked him,
and they started fighting.

I was terrified.

If he hadn't been there...

That man is a hero.

♪ ♪

[knock at door]
- Yep.

Turns out there really
was a female witness.

- So I've heard.
- She was credible, too.

Her testimony was compelling.

Meaning what?

We should offer a
manslaughter plea.

[scoffs] I'd be surprised
if they accepted it,

but it's worth a shot.

But the audio-video clip
hasn't changed, correct?

- Excuse me?
- The clip where we hear

Mr. Joyner begging for his life,

where we hear
Mr. Arnou choking out

an unconscious man for
a full three minutes.

That is correct. That
clip still exists.

But there is now
more context for it

context that is
not in our favor.

But just because a
white woman saw Joyner

as a threat doesn't
make it true.

Like I said, her
testimony was credible.

The jury seemed to
respond quite favorably.

But the witness
wasn't actually there

when the murder took place.

She left before the
fight ended, right?

That's why she didn't
show up in the video.

- Mm-hmm.
- So make that clear, Nolan.

Remind them that Ms.
Lasky wasn't present

when the defendant choked
the life out of Mr. Joyner.

Ms. Lasky, you weren't
actually present

when the defendant strangled
Ellis Joyner to death, correct?

No, the train stopped while
they were still fighting,

and I got off.

But I saw the
start of the fight.

I saw Mr. Arnou grab
Joyner by the arm

and pull him away from me.

And then I saw Joyner
elbow him in the face.

Right, because
Mr. Joyner was terrified.

From his perspective, he was
the one fighting for his life.

I don't know.

It all happened really fast.

And they were yelling
at each other.

And Mr. Arnou kept yelling
at him to stop, to surrender,

and that he was bleeding,

and he was dirty,

or fighting dirty.

I don't really remember
the exact words.

But Joyner didn't listen.

He reached into his pocket.

It looked like he was
trying to grab a knife.

So Mr. Arnou tackled him,

and they started wrestling.

That's when the train
stopped, and I got off.

Just got off?

You didn't tell anyone
what was happening?

I wasn't thinking straight.

Everything was
happening at once.

[sighs] When the doors
opened, I ran out to look

for someone to tell,
like a cop or something.

But the subway
station was empty.

Then the doors closed,
and the train took off.

So that means you weren't
there during the three minutes

that Ellis Joyner
was unconscious

and the defendant continued

to choke the life
out of his body?

No, but, like I said, I
thought he had a knife.

I'm sure Mr. Arnou did, too.

Did you actually see a knife?

No, but...

Did you see a
weapon of any kind?

- No.
- And you had no idea

that Ellis Joyner was
severely asthmatic?

I didn't at the time.

Mr. Joyner had been
in an altercation

with a fellow comic that night,

then a fraught, verbal
argument with his boyfriend.

High-stress situations can
trigger an asthma attack.

Ellis Joyner was having
an asthma attack.

He wasn't acting aggressively,
nor was he mentally ill.

He was simply having
an asthma attack,

and you misinterpreted
his behavior.

You saw a scary Black
man making a noise...

- Objection.
- Sustained.

[soft tense music]

[sighs]

♪ ♪

Mr. Joyner's behavior
that night was consistent

with someone suffering from
an asthma attack, correct?

Yes, I suppose.

And if that's what it was...

I feel terrible.

Then

this whole thing i-is

it's all my fault.

But either way,

Mr. Arnou came to my defense.

♪ ♪

He tried to help me,

and he shouldn't be
held responsible.

♪ ♪

She made a strong case that
Arnou is not the one to blame.

Yeah.

What do you think about
what Lasky said in there,

that, uh, bit about
Arnou saying something

about blood and dirt?

Oh, I-I don't know what
to make of it. Why?

Do you think it's possible
he was saying something

about "blood and soil"?

- That's a Nazi slogan.
- Exactly.

It's the new battle cry of
white nationalist groups.

You think Arnou is
a white supremacist?

Yeah, I-I don't know.

I'm... I'm just
trying to understand

why he was saying
"blood and dirt."

We interviewed his
neighbors, his coworkers.

None of them reported
anything that would suggest...

What about where he trains,
the, uh, Kovac Academy?

What about it?

Detectives
interviewed the owner.

He has ties to a few white
nationalist organizations.

Check it out.

I already told you. I
don't know Arnou too well.

I just have a few questions.
It won't take long, promise.

[grunts] Fine, what
do you want to know?

Have you ever heard
him say something

that might be
interpreted as racist?

I'm sorry, but I can't help you.

You can't, or you don't want to?

I'm closing up, so...

You're aware that Arnou
is on trial for murder?

I am.

♪ ♪

Hold up.

♪ ♪

Look, I can't get
into the details, but

let's just say you're
heading down the right path.

"Right path"? What the hell
is that supposed to mean?

Like I said, I can't help you.

Why not?

Because it would blow my cover.

♪ ♪

You're a cop?

Nick, good to see you.

How you doing, Robin?

- Thanks for coming down.
- Of course.

Um, this is Carol Oberlin.

She's our Deputy Commissioner
of Counterterrorism.

- Glad to meet you.
- Likewise.

I understand you stumbled on
to our undercover operation.

We did.

And, fortunately, a detective
of yours has information

pertinent to a murder
we're prosecuting.

Uh, that's great.

But, uh, let us
get you up to speed

on what it is we're
actually investigating,

give you a sense

of the scope of what
we're dealing with here.

Please.
- Okay.

We've actually had our eye
on Kovac for a while now.

His gym is an "active club,"

part of an international network

of white supremacist
sleeper cells,

all fronting as
small MMA-style gyms.

How big a network
are we talking about?

So far, we've identified
over 30 active clubs

across 9 different states

and several provinces of Canada.

So how do they work?

The clubs operate as
recruitment centers.

They lure in young white men
under the guise of getting fit,

while indoctrinating
them in racist ideology

and training them
in military combat.

- They're building an army.
- They're trying to.

It's the new face of hate.

No more white sheets
or burning crosses.

They've adapted and
created a façade

to mask their racist beliefs.

But we need your
undercover's testimony

to secure a conviction
against one of their members.

Detective Fields has
spent nine months

embedding himself
in this community.

All that goes out the
window if he testifies.

I get that, but we're
talking about murder here.

We're not trying to step
on your toes here, Nick,

but we poured a lot of resources

and manpower into
this operation.

The stakes are pretty high.

We've recently
received credible intel

that Kovac is now
stockpiling firearms

and explosive materials.

These men are terrorists.

They're capable of
significant violence.

Are you asking me for a favor?

I'm suggesting you
take a big-picture view

of the situation.

[dramatic music]

♪ ♪

We'd greatly appreciate it.

♪ ♪

- They're planning an attack?
- Against who?

It appears to be some
sort of coordinated effort

along the lines of the
January 6th insurrection,

only more violent and without
advanced warning this time.

This only underscores
how dangerous Arnou is.

Uh, the jury needs to know
he's part of this organization.

But exposing the undercover

would blow up the
whole investigation.

He's the only asset
they have on the inside.

But Ellis Joyner was murdered

most likely because
he was Black.

He deserves justice.
- I couldn't agree more.

All I'm saying is, we
can't call the undercover

as a witness.

It's for the greater good.

Oh, the greater good, right.

Thank God for that phrase.

Excuse me? [Nolan sighs]

Helps justify a lot

of otherwise
unjustifiable positions.

You're a terrific
prosecutor, Nolan.

You're just gonna have
to find another way

to make clear to the jury
that Arnou is racist.

Mr. Kovac,

you were Brandon Arnou's
personal trainer, correct?

Yes.

You two spend a lot
of time together?

About five hours a week.

Would you say you were friendly?

Not really. We
worked out together.

- Five hours a week?
- Yes.

You and the defendant ever
discuss racial ideology?

I don't know what that means.

Did you ever discuss
racial purity,

uh, interracial marriage,

the role that
Black people should

or shouldn't play in society?

I don't know what
you're talking about.

Permission to treat the
witness as hostile, Your Honor?

Permission granted.

You have a tattoo on
your arm, the number 88.

It's a neo-Nazi
symbol, isn't it?

I don't know. I just
like the number 88.

So you don't have a
problem with Black people?

- No.
- Even though you have

four prior battery convictions,

all for assaulting Black men,

two that were charged
as hate crimes, correct?

It was a long time ago.

Even though your bio

in your various
social-media accounts

contains the phrase
"blood and soil"?

Objection, relevance.

Rebecca Lasky
testified she overheard

the defendant utter something
about blood and dirt.

She was likely referring
to the defendant's use

of the phrase "blood and
soil," a racial dog whist...

Objection, Ms. Lasky never
mentioned the word "soil."

Her recollection was vague.

We have a right to
raise the possibility.

I agree. Overruled.

You may proceed, Mr. Price.

Isn't it true that
"blood and soil"

is a Nazi reference

to a racially uniform society?

It means you're
proud of who you are

and where you come from.

And for you, that
means being white.

♪ ♪

Yes.

♪ ♪

You taught the defendant
how to fight, correct?

- Yes.
- Teach him how to put someone

in a choke hold?
- Yes.

Did you teach the defendant
to hate Black people?

Objection!

Withdrawn.

Nothing further.

Mr. Kovac, did you ever
discuss race with Mr. Arnou?

No.

Have you ever
heard Mr. Arnou say

"blood and soil"?
- No.

Ellis Joyner was 6'2"
and weighed 210 pounds,

50 pounds more than Mr. Arnou.

As a self-defense expert, do
you think it was reasonable

for Mr. Arnou

to believe Joyner
posed a lethal threat?

Absolutely.

Thank you.

No further questions.

♪ ♪

Brandon Arnou is an
elementary-school teacher,

who's never gotten so
much as a speeding ticket.

He did not wake up that morning

thinking about taking
another person's life.

He did not get on that
train looking for a fight.

But when he saw a fellow
citizen being attacked,

he stepped up.

He did something.

I live in Park Slope.

I take the subway every
day to this courthouse,

and I take it home every night.

And I pray

that if something
were ever to happen,

someone like Brandon Arnou

is on that train with me.

Rebecca Lasky
heard the defendant

screaming something
about blood and dirt.

Most likely

what he was screaming
was "blood and soil,"

as a phrase that speaks
to a declaration of hatred

for all people of color.

Ask yourself why.

People like Mr. Arnou keep
their bigotry buttoned up.

They only discuss it

with people they know share
their hateful worldview.

They rely on
plausible deniability,

because if the
racism isn't overt,

many people,

many good people
are all too happy

to assume it isn't there.

Except that, every
once in a while,

in moments of panic
or... or anger

their mask will slip,

and their true
nature is exposed.

♪ ♪

Ellis Joyner was an
innocent, unarmed Black man,

suffering a medical emergency.

And the two white people
on that train with him

assumed he was a violent threat,

and they attacked him.

The defendant may not
have entered the fight

with the intention to kill,

but at some point,
his focus shifted,

and his racial hate
began to manifest.

That moment

was when the victim,
Ellis Joyner, passed out,

when he was no longer
a threat to Mr. Arnou.

And rather than
release Mr. Joyner,

Arnou continued to choke him

for three minutes.

That is when his
true colors emerged.

That

is when he murdered
Ellis Joyner.

♪ ♪

Mr. Foreperson, has the
jury reached a verdict?

We have, Your Honor.

In the charge of murder
in the second degree,

we find the defendant,
Brandon Arnou,

not guilty.

[crowd gasps, groans, cheers]
- What the...

Yeah, baby.

Members of the jury, we
thank you for your service.

♪ ♪

Tough case, but you
did a hell of a job.

Thanks. [Sighs]

It might have gone
differently if I

if I didn't have one
hand tied behind my back.

We did the best that we could.

No, we could have done better.

We just chose not to,
for the greater good.

I stand by my decision.

Hey! There he is.

And one day soon,

when we take these bastards down

and roll up their whole
damn racist organization,

you're gonna realize it was
the right decision as well.

[indistinct chatter, laughter]

♪ ♪

Ellis Joyner deserved better.

♪ ♪

- All right, man.
- All right, man, come on.

♪ ♪

[wolf howls]