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In the criminal justice
system,
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00:00:06,310 --> 00:00:07,659
the people are represented
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00:00:07,659 --> 00:00:10,140
by two separate,
yet equally important groups:
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00:00:10,140 --> 00:00:11,924
the police,
who investigate crime,
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00:00:11,924 --> 00:00:14,840
and the district attorneys,
who prosecute the offenders.
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00:00:14,840 --> 00:00:16,581
These are their stories.
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00:01:05,021 --> 00:01:06,979
Hey.
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00:01:06,979 --> 00:01:09,069
Where you headed
tonight, beautiful?
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00:01:09,069 --> 00:01:11,114
Can I come?
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Come on.
Where you going?
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Come back.
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Oh, sorry, I didn't mean to--
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Station's locked down.
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MTA is rerouting trains
in both directions,
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00:01:36,226 --> 00:01:38,533
but they're eager
to get things moving again.
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00:01:38,533 --> 00:01:40,752
Where's that level of urgency
when there isn't a dead body
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00:01:40,752 --> 00:01:42,145
to deal with?
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00:01:45,279 --> 00:01:46,758
Cause of death?
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00:01:46,758 --> 00:01:48,108
Can't say for sure.
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00:01:48,108 --> 00:01:49,718
But given
the petechial hemorrhaging,
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00:01:49,718 --> 00:01:50,936
my guess is asphyxia.
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00:01:50,936 --> 00:01:52,851
So he was strangled to death.
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00:01:52,851 --> 00:01:55,158
How long ago did this happen?
- Less than an hour.
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00:01:55,158 --> 00:01:57,813
- Any witnesses?
- None so far.
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00:01:57,813 --> 00:01:59,641
The MTA worker
who found the body said
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00:01:59,641 --> 00:02:01,469
he walked the car
15 minutes before,
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00:02:01,469 --> 00:02:03,775
but he didn't see
anything unusual.
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00:02:03,775 --> 00:02:07,127
So the call came in at 12:34,
so the murder had to happen
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00:02:07,127 --> 00:02:09,346
sometime between
12:15 and 12:30.
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00:02:09,346 --> 00:02:11,261
We need the security footage
from every station
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00:02:11,261 --> 00:02:13,045
the train passed through
in that window, okay?
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00:02:13,045 --> 00:02:14,612
Okay.
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00:02:14,612 --> 00:02:19,182
All right, young man,
let's see.
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No phone.
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00:02:21,141 --> 00:02:24,622
Oh, vic's still got his wallet.
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00:02:26,537 --> 00:02:29,584
Ellis Joyner, just turned 24.
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00:02:29,584 --> 00:02:31,803
Yeah, I thought
he looked familiar.
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00:02:31,803 --> 00:02:32,978
You know him?
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00:02:32,978 --> 00:02:35,851
Not personally,
he's a stand-up comic.
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00:02:35,851 --> 00:02:37,200
Came from down South,
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00:02:37,200 --> 00:02:39,811
loved to talk about how much
he liked New York.
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00:02:39,811 --> 00:02:41,639
Great place to live...
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00:02:41,639 --> 00:02:43,859
not such a great place to die.
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00:03:32,299 --> 00:03:35,867
We found bleeding in the
anterior neck strap muscles,
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00:03:35,867 --> 00:03:39,001
as well as fractures
in the hyoid bone
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and thyroid cartilage horns.
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00:03:40,872 --> 00:03:42,526
And that means?
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00:03:42,526 --> 00:03:44,006
He died of cerebral ischemia
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00:03:44,006 --> 00:03:46,095
due to a lack of blood flow
to the brain.
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00:03:46,095 --> 00:03:47,836
I'd say his carotid arteries
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00:03:47,836 --> 00:03:50,317
and jugular vein were
compressed bilaterally,
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00:03:50,317 --> 00:03:51,709
like this.
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00:03:51,709 --> 00:03:53,537
So the killer had him
in a sleeper hold?
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00:03:53,537 --> 00:03:55,844
Exactly,
a carotid sleeper hold.
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00:03:55,844 --> 00:03:57,541
So you're saying
our vic was choked to death.
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00:03:57,541 --> 00:03:59,282
Yes, and it's not like
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00:03:59,282 --> 00:04:02,067
he had an easy time breathing
on his own.
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00:04:02,067 --> 00:04:03,417
What do you mean?
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00:04:03,417 --> 00:04:05,201
ME pulled
Joyner's medical records.
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00:04:05,201 --> 00:04:07,421
Turns out
he had severe asthma.
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00:04:07,421 --> 00:04:08,944
She said his lungs
were hyperinflated,
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00:04:08,944 --> 00:04:11,947
which means he was likely
having an attack when he died.
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00:04:11,947 --> 00:04:13,601
- Was that the cause of death?
- No.
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00:04:13,601 --> 00:04:15,385
That would be strangulation,
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00:04:15,385 --> 00:04:17,605
probably
from a lethal choke hold.
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00:04:17,605 --> 00:04:19,476
What else do we know
about the vic?
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00:04:19,476 --> 00:04:21,391
He was single, lived alone.
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00:04:21,391 --> 00:04:23,741
Both parents were deceased.
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00:04:23,741 --> 00:04:25,308
His latest comedy special
on YouTube
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00:04:25,308 --> 00:04:27,571
had over a million views--
the guy was pretty popular.
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00:04:27,571 --> 00:04:29,486
Yeah, well,
not with everyone.
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00:04:29,486 --> 00:04:31,445
What about his phone?
Did we ping it?
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00:04:31,445 --> 00:04:32,750
No signal.
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00:04:32,750 --> 00:04:35,100
Bright side is,
the MLI found fresh blood
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00:04:35,100 --> 00:04:37,102
on Joyner's jacket that didn't
match his blood type,
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00:04:37,102 --> 00:04:38,930
so the lab's going
through that right now.
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00:04:38,930 --> 00:04:41,498
All right, so where are we
with the video footage?
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00:04:41,498 --> 00:04:43,326
Our train passed
through 6 stations
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00:04:43,326 --> 00:04:44,806
within the 15-minute window.
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00:04:44,806 --> 00:04:47,939
Of the 6, 4 of them had cameras
that were broken.
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00:04:47,939 --> 00:04:50,115
Footage from the 2 stations
that had working cameras
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00:04:50,115 --> 00:04:52,814
caught a few dozen people
getting on and off the trains.
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00:04:52,814 --> 00:04:54,642
Yeah, except none
of 'em go into
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00:04:54,642 --> 00:04:56,339
or out of the car
where Joyner was found.
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00:04:56,339 --> 00:04:59,342
Hey, so Joyner's MetroCard
was swiped
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00:04:59,342 --> 00:05:01,692
at 14th Street Station,
where he got on.
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00:05:01,692 --> 00:05:03,259
There were no working cameras
there either.
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00:05:03,259 --> 00:05:06,610
But I pulled street-cam footage
from outside the station.
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00:05:06,610 --> 00:05:08,873
The closest I could get
was a few blocks away,
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00:05:08,873 --> 00:05:10,919
but I found this.
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00:05:17,012 --> 00:05:18,492
Well, that dude
does not look happy.
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00:05:18,492 --> 00:05:21,190
- Yeah.
- Can you zoom in on his face?
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00:05:23,279 --> 00:05:24,628
Wait, is that--
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00:05:24,628 --> 00:05:26,761
- Malcolm Paige?
- The comedian?
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00:05:26,761 --> 00:05:28,893
He used to open
for Chappelle back in the day.
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00:05:28,893 --> 00:05:30,547
Track him down.
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00:05:31,983 --> 00:05:34,377
An audience member
at your show last night
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00:05:34,377 --> 00:05:35,944
posted this
to their social media.
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00:05:35,944 --> 00:05:37,249
It'd be
a massive disappointment
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00:05:37,249 --> 00:05:39,687
if he was even
remotely relevant anymore.
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00:05:39,687 --> 00:05:41,297
But you know what they say.
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00:05:41,297 --> 00:05:43,430
You either die a hero
or live long enough
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00:05:43,430 --> 00:05:45,170
to become Malcolm Paige.
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00:05:47,999 --> 00:05:50,872
Is that why you attacked him
after the show?
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00:05:50,872 --> 00:05:53,657
He attacked me.
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00:05:53,657 --> 00:05:55,790
Got his panties all in a twist
because he didn't like
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00:05:55,790 --> 00:05:58,836
some of the jokes
I was tellin'.
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00:05:58,836 --> 00:06:01,926
Hit too close to home
for fancy boy.
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00:06:01,926 --> 00:06:05,190
Is this you trying to imply
that Joyner was gay?
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00:06:05,190 --> 00:06:06,627
I ain't implying nothing.
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00:06:06,627 --> 00:06:08,324
The point is,
he embarrassed you
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00:06:08,324 --> 00:06:11,109
in front of what was supposed
to be your audience.
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00:06:11,109 --> 00:06:12,937
I mean, it must've
really pissed you off, huh?
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00:06:12,937 --> 00:06:14,548
Whatever.
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00:06:14,548 --> 00:06:17,072
You know, we have video of
you taking a swing at Joyner.
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00:06:17,072 --> 00:06:19,204
So what happened?
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00:06:19,204 --> 00:06:21,685
You follow him down the subway,
try to finish the fight?
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My car service picked me up
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00:06:23,121 --> 00:06:25,559
right after Joyner ran off
like a little bitch,
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00:06:25,559 --> 00:06:27,125
followed by his b--
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00:06:29,606 --> 00:06:31,434
Boyfriend in tow.
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00:06:31,434 --> 00:06:33,044
You're saying
he was with somebody?
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00:06:33,044 --> 00:06:35,873
He was with a dude,
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00:06:35,873 --> 00:06:39,442
and they weren't
getting along either.
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00:06:39,442 --> 00:06:42,140
Paige's car service
confirms his alibi.
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00:06:42,140 --> 00:06:44,186
I went through Joyner's texts
and emails in the cloud.
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00:06:44,186 --> 00:06:45,796
There's no evidence
he had a boyfriend.
128
00:06:45,796 --> 00:06:48,190
Well, I think that's 'cause
he was still in the closet.
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00:06:48,190 --> 00:06:49,583
I contacted the Travlr app.
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00:06:49,583 --> 00:06:52,063
They gave me access
to his account here.
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00:06:52,063 --> 00:06:54,979
It looks like he was dating
somebody he met on the site.
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00:06:54,979 --> 00:06:58,722
A lot of messages between him
and a guy named Michael Zane.
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00:06:58,722 --> 00:07:00,289
He's in the system.
134
00:07:00,289 --> 00:07:03,510
Zane was arrested for
aggravated assault last year.
135
00:07:03,510 --> 00:07:04,728
Hmm.
136
00:07:04,728 --> 00:07:05,729
Yeah, these two
were definitely
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00:07:05,729 --> 00:07:07,122
in some kind of fight.
138
00:07:07,122 --> 00:07:09,951
I mean, "Keep on like this,
you'll end up dead."
139
00:07:09,951 --> 00:07:11,735
Either the Zane guy
can see the future or--
140
00:07:11,735 --> 00:07:14,912
- Or he's our killer.
- Mm-hmm.
141
00:07:19,134 --> 00:07:20,614
I didn't kill Ellis.
142
00:07:20,614 --> 00:07:23,399
I cared about him very much.
143
00:07:23,399 --> 00:07:25,445
"Keep on like this,
and you're gonna end up dead."
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00:07:25,445 --> 00:07:28,099
You didn't send that message?
- No, not like that.
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00:07:28,099 --> 00:07:32,060
I was talking about his...
self-hatred.
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00:07:32,060 --> 00:07:33,496
We have an eyewitness
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00:07:33,496 --> 00:07:35,498
that puts the two of you
together night before last.
148
00:07:35,498 --> 00:07:37,457
Said you guys were
in some kind of fight.
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00:07:37,457 --> 00:07:39,023
We were.
150
00:07:39,023 --> 00:07:41,069
I thought things
would be better for him
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00:07:41,069 --> 00:07:43,724
if he allowed himself
to live openly,
152
00:07:43,724 --> 00:07:46,117
but he refused.
153
00:07:46,117 --> 00:07:47,945
He was convinced his fan base
would turn on him.
154
00:07:47,945 --> 00:07:49,556
This fight
ever turn physical?
155
00:07:49,556 --> 00:07:51,035
No, of course not.
156
00:07:51,035 --> 00:07:54,212
We are aware of your prior
for aggravated assault.
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00:07:54,212 --> 00:07:56,954
I was in a bar when
two dudes got into a fight.
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00:07:56,954 --> 00:07:59,957
I tried to break
things up, but...
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00:07:59,957 --> 00:08:03,265
I'm Black,
so when the cops showed up--
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00:08:03,265 --> 00:08:06,355
So you were on the train
with Ellis that night?
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00:08:06,355 --> 00:08:07,487
Yeah.
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00:08:07,487 --> 00:08:09,010
Malcolm Paige
had just attacked him,
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00:08:09,010 --> 00:08:11,578
and he said he wanted time
to be alone.
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00:08:11,578 --> 00:08:16,104
So I got off after
a few stops, went home.
165
00:08:16,104 --> 00:08:18,454
Did you notice
anything suspicious
166
00:08:18,454 --> 00:08:21,022
while you were on the subway?
167
00:08:21,022 --> 00:08:23,285
Yeah.
168
00:08:23,285 --> 00:08:25,940
Uh, there was a guy
on the subway with us,
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00:08:25,940 --> 00:08:27,550
white guy.
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00:08:27,550 --> 00:08:29,596
He kept staring at us.
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00:08:29,596 --> 00:08:32,860
And when I got up to get off,
he stepped in my way.
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00:08:32,860 --> 00:08:34,514
- On purpose?
- Yeah.
173
00:08:34,514 --> 00:08:37,081
I wasn't in the mood,
so I just brushed past him.
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00:08:37,081 --> 00:08:38,561
Did he say anything to you?
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00:08:38,561 --> 00:08:40,041
"Watch yourself."
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00:08:40,041 --> 00:08:42,478
- Can you describe him?
- Brown hair.
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00:08:42,478 --> 00:08:45,568
He was wearing
bright-yellow sneakers,
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00:08:45,568 --> 00:08:47,439
like, neon,
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00:08:47,439 --> 00:08:49,485
and a hoodie
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00:08:49,485 --> 00:08:51,966
with some kind
of symbol on the back.
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00:08:55,665 --> 00:08:57,580
- What station is that?
- 86th Street,
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00:08:57,580 --> 00:09:00,191
one stop before the one
where Joyner's body was found.
183
00:09:00,191 --> 00:09:01,671
Okay, but we can't
see his face, though.
184
00:09:01,671 --> 00:09:03,455
Can you find another angle?
- This is all we've got.
185
00:09:03,455 --> 00:09:06,502
Can you zoom in on that?
186
00:09:06,502 --> 00:09:09,636
Wait a second.
I've seen that logo before.
187
00:09:16,599 --> 00:09:19,123
This place opened up
about a year ago.
188
00:09:19,123 --> 00:09:21,517
Been peppering
my neighborhood with flyers.
189
00:09:21,517 --> 00:09:23,519
Mixed martial arts
is the future, huh?
190
00:09:23,519 --> 00:09:25,260
Yeah, maybe
this is where our killer
191
00:09:25,260 --> 00:09:27,654
learned to strangle people.
- 'Sup? How you doing?
192
00:09:27,654 --> 00:09:29,307
Uh, yeah, we'd like
to talk to the owner.
193
00:09:29,307 --> 00:09:30,657
Is he here?
- Dom?
194
00:09:30,657 --> 00:09:32,354
Um, you just missed him.
195
00:09:32,354 --> 00:09:34,661
He left, like, two minutes ago.
- Is that him?
196
00:09:37,620 --> 00:09:39,187
Yep.
197
00:09:39,187 --> 00:09:40,580
I see it.
198
00:09:40,580 --> 00:09:42,494
You know when
he's gonna be back?
199
00:09:42,494 --> 00:09:44,192
He was getting a cab
to the airport.
200
00:09:44,192 --> 00:09:45,846
Did he say where
he was going?
201
00:09:45,846 --> 00:09:48,675
I want to say Toronto.
202
00:09:48,675 --> 00:09:50,328
Which way did he go?
203
00:09:57,379 --> 00:09:59,033
Vince.
204
00:10:14,135 --> 00:10:15,484
Hey!
205
00:10:15,484 --> 00:10:19,836
Hey, NYPD.
Mr. Kovac, NYPD.
206
00:10:19,836 --> 00:10:21,795
- Hey.
- Hey!
207
00:10:25,276 --> 00:10:26,756
- Do not move!
- NYPD!
208
00:10:26,756 --> 00:10:29,237
- Do you hear me? Do not move!
- NYPD!
209
00:10:29,237 --> 00:10:31,152
I didn't know
you guys were cops.
210
00:10:31,152 --> 00:10:32,849
Yeah, you just treat
everybody that way?
211
00:10:32,849 --> 00:10:35,591
- Treat Ellis Joyner that way?
- I don't know who that is.
212
00:10:35,591 --> 00:10:37,375
He was choked to death
two nights ago in the subway.
213
00:10:37,375 --> 00:10:39,116
That ringing a bell?
214
00:10:39,116 --> 00:10:40,988
Okay, tough guy,
you're coming with us.
215
00:10:40,988 --> 00:10:43,120
Get up.
216
00:10:44,774 --> 00:10:47,429
I've never seen
this guy before in my life.
217
00:10:47,429 --> 00:10:48,909
You know, Domhnall,
we are aware
218
00:10:48,909 --> 00:10:52,086
of your four previous
convictions for assault,
219
00:10:52,086 --> 00:10:55,437
all against Black victims,
two charged as hate crimes.
220
00:10:55,437 --> 00:10:58,092
Clocked that tattoo on you--
221
00:10:58,092 --> 00:10:59,789
the combat boots with the "88."
222
00:10:59,789 --> 00:11:01,791
That's a white nationalist
symbol.
223
00:11:01,791 --> 00:11:02,879
So what happened?
224
00:11:02,879 --> 00:11:04,707
You see a Black guy
on the train,
225
00:11:04,707 --> 00:11:06,361
decided to take him out?
226
00:11:07,754 --> 00:11:09,625
I didn't do
anything to anyone.
227
00:11:09,625 --> 00:11:11,583
Hey.
228
00:11:11,583 --> 00:11:13,585
I'm the one talking to you.
229
00:11:13,585 --> 00:11:14,804
Fine.
230
00:11:14,804 --> 00:11:16,284
I'll tell you, then.
231
00:11:16,284 --> 00:11:18,025
I had nothing to do
with what happened to that guy.
232
00:11:18,025 --> 00:11:20,984
Where were you around
midnight night before last?
233
00:11:20,984 --> 00:11:24,205
- Chelsea, working out.
- You work out at that hour?
234
00:11:24,205 --> 00:11:26,207
I run
an intensive training program
235
00:11:26,207 --> 00:11:27,948
for some guys at the gym.
236
00:11:27,948 --> 00:11:29,776
I call it the Combat Academy.
237
00:11:29,776 --> 00:11:31,952
I base it on the Navy SEALs
training course.
238
00:11:31,952 --> 00:11:34,476
So, once a week, we do
a late-night endurance run.
239
00:11:34,476 --> 00:11:36,130
And when did
this endurance run end?
240
00:11:36,130 --> 00:11:37,653
Around midnight.
241
00:11:37,653 --> 00:11:39,960
Okay, so you go
on your little fun run.
242
00:11:39,960 --> 00:11:42,527
Then you get on the subway,
and you kill Ellis Joyner.
243
00:11:42,527 --> 00:11:44,312
I was never on the subway.
244
00:11:44,312 --> 00:11:46,227
We have you on video.
245
00:11:46,227 --> 00:11:49,709
You can make out
this sweatshirt
246
00:11:49,709 --> 00:11:51,972
and those sneakers
clear as day.
247
00:11:51,972 --> 00:11:54,278
These are part
of the Combat Academy uniform.
248
00:11:54,278 --> 00:11:55,715
Every member has them.
249
00:11:57,804 --> 00:11:59,762
Look, fellas,
I'm trying to tell you--
250
00:11:59,762 --> 00:12:02,460
after the run was over, I went
to my girlfriend's apartment.
251
00:12:02,460 --> 00:12:04,506
She lives a few blocks away.
252
00:12:04,506 --> 00:12:07,378
You can check with her doorman.
253
00:12:07,378 --> 00:12:09,772
All right, and would you
be willing to submit
254
00:12:09,772 --> 00:12:12,079
to a DNA swab?
255
00:12:12,079 --> 00:12:13,210
Fine.
256
00:12:13,210 --> 00:12:14,516
We're also gonna need
the names
257
00:12:14,516 --> 00:12:17,519
of every member
of your Combat Academy
258
00:12:17,519 --> 00:12:18,912
that was there that night.
259
00:12:26,397 --> 00:12:29,226
All right. See you guys.
260
00:12:29,226 --> 00:12:32,142
- Brandon Arnou?
- Yes?
261
00:12:32,142 --> 00:12:34,841
NYPD, we need to talk
to you for a minute.
262
00:12:34,841 --> 00:12:37,104
Uh, yeah, of course.
Is something wrong?
263
00:12:37,104 --> 00:12:39,802
- We're investigating a murder.
- A murder?
264
00:12:39,802 --> 00:12:41,238
Are you a member
265
00:12:41,238 --> 00:12:42,631
of Domhnall Kovac's
Combat Academy?
266
00:12:42,631 --> 00:12:45,068
Uh, yes. Why?
267
00:12:45,068 --> 00:12:46,766
Did you attend
his midnight training session
268
00:12:46,766 --> 00:12:47,810
three nights ago?
269
00:12:47,810 --> 00:12:50,465
Um, I-I did.
270
00:12:50,465 --> 00:12:52,032
I did, yeah.
271
00:12:52,032 --> 00:12:53,947
Yeah, I'm trying
to get back into shape.
272
00:12:53,947 --> 00:12:55,731
My wife left me
last year, and I--
273
00:12:55,731 --> 00:12:58,386
You--you don't need
to know all that.
274
00:12:58,386 --> 00:13:00,954
You ride the subway home
after that?
275
00:13:00,954 --> 00:13:02,825
Uh, no.
276
00:13:02,825 --> 00:13:04,435
- Really?
- Mm-mm.
277
00:13:04,435 --> 00:13:05,959
'Cause we noticed that your
apartment's a straight shot
278
00:13:05,959 --> 00:13:07,787
on the C train from Chelsea.
279
00:13:07,787 --> 00:13:09,963
Yeah, well,
I-I-I ran home,
280
00:13:09,963 --> 00:13:12,661
trying to push myself,
you know?
281
00:13:12,661 --> 00:13:14,141
How did you get that lip?
282
00:13:14,141 --> 00:13:16,186
Oh, uh, grappling training.
283
00:13:16,186 --> 00:13:17,622
Took an elbow to the face.
284
00:13:17,622 --> 00:13:20,408
Would you be willing
to submit to a DNA swab,
285
00:13:20,408 --> 00:13:23,498
just to eliminate you
as a suspect?
286
00:13:23,498 --> 00:13:25,630
Uh...
287
00:13:27,328 --> 00:13:31,201
Look, it was an accident.
- What was an accident?
288
00:13:31,201 --> 00:13:33,290
That man was attacking
a woman on the subway.
289
00:13:33,290 --> 00:13:35,205
I-I was just trying
to protect her.
290
00:13:35,205 --> 00:13:38,339
I know I should have told
someone, but I panicked.
291
00:13:38,339 --> 00:13:41,429
Are you admitting
to killing Ellis Joyner?
292
00:13:43,866 --> 00:13:45,955
Look, I didn't mean to.
293
00:13:45,955 --> 00:13:47,652
- Okay.
- I-I was just trying to help.
294
00:13:47,652 --> 00:13:49,698
Hands behind your back.
295
00:13:49,698 --> 00:13:51,656
We're gonna walk
out of here nice and slow.
296
00:13:51,656 --> 00:13:53,093
Here we go.
297
00:13:54,921 --> 00:13:56,923
Detectives, what is
the holdup here?
298
00:13:56,923 --> 00:14:00,056
My client has explained to you
what happened several times.
299
00:14:00,056 --> 00:14:02,754
Yeah, we really appreciate
your cooperation, too.
300
00:14:02,754 --> 00:14:04,669
He has nothing to hide.
301
00:14:04,669 --> 00:14:07,890
Arnou, so that woman that you
say Ellis Joyner attacked,
302
00:14:07,890 --> 00:14:09,892
the one you claim
to have rescued,
303
00:14:09,892 --> 00:14:11,763
she was dressed like
a dancer, yeah?
304
00:14:11,763 --> 00:14:13,200
Yeah, she was wearing tights,
305
00:14:13,200 --> 00:14:17,073
and her hair was
in a, uh, ball, you know?
306
00:14:17,073 --> 00:14:18,901
Thing is, we checked
the surveillance footage
307
00:14:18,901 --> 00:14:20,337
from the train platforms,
308
00:14:20,337 --> 00:14:22,252
and we didn't find anybody
meeting that description.
309
00:14:22,252 --> 00:14:23,993
I'm telling you,
she was there.
310
00:14:23,993 --> 00:14:26,691
Were the cameras working
at every station?
311
00:14:26,691 --> 00:14:29,607
We also executed
a search warrant in your home.
312
00:14:29,607 --> 00:14:31,000
Didn't find anything.
313
00:14:31,000 --> 00:14:33,873
Yeah, well, of course not.
What would you find?
314
00:14:33,873 --> 00:14:35,962
Mm. Yeah, but, see,
then we got a search warrant
315
00:14:35,962 --> 00:14:37,441
for your gym locker.
316
00:14:37,441 --> 00:14:39,704
That's where we found
something really interesting.
317
00:14:39,704 --> 00:14:43,360
Ellis Joyner's cell phone,
but you knew that...
318
00:14:43,360 --> 00:14:45,928
because you stole it from him
right after you killed him,
319
00:14:45,928 --> 00:14:47,060
and we know why.
320
00:14:47,060 --> 00:14:48,409
Because right after
you attacked him,
321
00:14:48,409 --> 00:14:50,193
he started recording you,
didn't he?
322
00:14:50,193 --> 00:14:52,152
And, see, what you don't know
about Black people is,
323
00:14:52,152 --> 00:14:54,458
we can never be too careful
'cause we don't know
324
00:14:54,458 --> 00:14:56,939
who's gonna try to paint us out
to be the bad guy.
325
00:14:56,939 --> 00:14:58,898
So we watched that video,
326
00:14:58,898 --> 00:15:00,856
and we listened to it,
and we did not see any woman.
327
00:15:00,856 --> 00:15:02,553
But what we did see is that--
328
00:15:02,553 --> 00:15:05,948
Don't say another word.
329
00:15:05,948 --> 00:15:07,471
This interview's over.
330
00:15:11,606 --> 00:15:13,869
What do you think?
331
00:15:13,869 --> 00:15:15,871
It's a tough call.
332
00:15:15,871 --> 00:15:17,264
He admits to killing Joyner,
333
00:15:17,264 --> 00:15:20,267
but I'm not sure
we have enough to charge.
334
00:15:20,267 --> 00:15:22,791
So we have two choices.
335
00:15:22,791 --> 00:15:26,142
We can either cut him loose,
or we can arrest him.
336
00:15:32,192 --> 00:15:33,628
Arrest him.
337
00:15:39,460 --> 00:15:41,288
Brandon Arnou's
really captured
338
00:15:41,288 --> 00:15:43,420
the public's attention.
- Sure has.
339
00:15:43,420 --> 00:15:45,335
Half the city buys
Arnou's story--
340
00:15:45,335 --> 00:15:47,163
that he killed Joyner
in self-defense--
341
00:15:47,163 --> 00:15:49,949
and the other half
sees white man
342
00:15:49,949 --> 00:15:51,646
killing an unarmed Black man.
343
00:15:51,646 --> 00:15:54,997
It's a litmus test
for what people think
344
00:15:54,997 --> 00:15:56,346
or what they want to believe.
345
00:15:56,346 --> 00:15:58,479
Well, here's what I believe.
346
00:15:58,479 --> 00:16:01,090
Arnou held Joyner
in a choke hold
347
00:16:01,090 --> 00:16:03,484
for a long time
after he was unconscious.
348
00:16:03,484 --> 00:16:05,660
Even if he was acting
in self-defense
349
00:16:05,660 --> 00:16:07,009
at the start of all this,
350
00:16:07,009 --> 00:16:08,750
it eventually turned
into a homicide.
351
00:16:08,750 --> 00:16:10,143
And we have video
that supports that?
352
00:16:10,143 --> 00:16:11,448
Uh, sort of.
353
00:16:11,448 --> 00:16:13,102
Seconds after Joyner
pulled out his phone
354
00:16:13,102 --> 00:16:14,147
to record the incident,
355
00:16:14,147 --> 00:16:16,236
Arnou knocked it
out of his hands.
356
00:16:16,236 --> 00:16:19,021
Then the phone landed
on the ground lens down.
357
00:16:19,021 --> 00:16:20,196
Visually, it's just black.
358
00:16:20,196 --> 00:16:22,242
But it kept recording,
so there's audio.
359
00:16:22,242 --> 00:16:25,027
You can hear Arnou get Joyner
into the choke hold.
360
00:16:25,027 --> 00:16:27,334
Joyner repeatedly says
he can't breathe.
361
00:16:27,334 --> 00:16:29,553
And after that,
the tape goes silent.
362
00:16:29,553 --> 00:16:31,686
- Because Joyner passed out.
- That's what it seems like.
363
00:16:31,686 --> 00:16:32,817
After he goes quiet,
364
00:16:32,817 --> 00:16:35,037
there's three minutes
of total silence
365
00:16:35,037 --> 00:16:36,212
before Arnou gets off him.
366
00:16:36,212 --> 00:16:37,779
You're saying
that he kept Joyner
367
00:16:37,779 --> 00:16:39,476
in a choke hold
for three full minutes
368
00:16:39,476 --> 00:16:41,043
after he seemed
to have passed out?
369
00:16:41,043 --> 00:16:42,653
Mm-hmm, and Arnou
picks up the phone,
370
00:16:42,653 --> 00:16:44,612
realizes it's been recording,
and then stops it.
371
00:16:44,612 --> 00:16:47,615
But the phone must've locked.
- Which is why Arnou took it.
372
00:16:47,615 --> 00:16:49,312
He realized it would upload
to the cloud,
373
00:16:49,312 --> 00:16:50,444
so he wanted to delete it.
374
00:16:50,444 --> 00:16:52,489
Search history
on Arnou's laptop
375
00:16:52,489 --> 00:16:54,578
shows that he was trying
to figure out
376
00:16:54,578 --> 00:16:56,276
how to access a phone
without a passcode.
377
00:16:56,276 --> 00:16:58,278
Obviously knew
the video was damning.
378
00:16:58,278 --> 00:17:00,367
So what's the next move?
What are you thinking?
379
00:17:00,367 --> 00:17:03,500
We have a solid case
for manslaughter.
380
00:17:03,500 --> 00:17:05,241
Whether you believe
Arnou's account or not,
381
00:17:05,241 --> 00:17:07,896
there--there's no question
he used excessive force.
382
00:17:07,896 --> 00:17:09,115
Manslaughter?
383
00:17:09,115 --> 00:17:10,855
You just told me
he choked him out
384
00:17:10,855 --> 00:17:12,901
for three minutes after
he was already unconscious.
385
00:17:12,901 --> 00:17:16,513
Correct, but Arnou claims
he was trying to help someone.
386
00:17:16,513 --> 00:17:18,211
He was trying
to protect a young woman.
387
00:17:18,211 --> 00:17:21,170
That woman we haven't been
able to identify.
388
00:17:21,170 --> 00:17:23,216
This isn't manslaughter,
Nolan.
389
00:17:23,216 --> 00:17:25,435
This is depraved indifference
to human life.
390
00:17:25,435 --> 00:17:26,915
You want to charge him
with murder?
391
00:17:26,915 --> 00:17:29,787
Absolutely.
We need to make a statement.
392
00:17:29,787 --> 00:17:31,615
The facts are tricky.
393
00:17:31,615 --> 00:17:33,748
Arnou claims he was trying
to save a woman's life,
394
00:17:33,748 --> 00:17:36,142
not to mention he has
no history of violence.
395
00:17:36,142 --> 00:17:37,404
I understand.
396
00:17:37,404 --> 00:17:41,016
But this is George Floyd
all over again.
397
00:17:41,016 --> 00:17:42,931
And I'm sure as hell
not gonna end up
398
00:17:42,931 --> 00:17:44,237
on the wrong side of it.
399
00:17:44,237 --> 00:17:46,065
Charge him with murder two.
400
00:17:57,902 --> 00:18:01,254
I can't breathe.
401
00:18:01,254 --> 00:18:03,691
I can't breathe.
402
00:18:19,576 --> 00:18:21,056
Oh, my God.
403
00:18:24,929 --> 00:18:28,324
Dr. Infante, could you
explain what we just heard?
404
00:18:28,324 --> 00:18:30,413
Once the air supply
has been cut off,
405
00:18:30,413 --> 00:18:33,547
it takes about five minutes
for brain death to occur--
406
00:18:33,547 --> 00:18:35,462
half that time
for an asthmatic.
407
00:18:35,462 --> 00:18:38,595
The body goes through
severe seizure-like activity
408
00:18:38,595 --> 00:18:40,293
with convulsions.
409
00:18:40,293 --> 00:18:43,252
And once enough pressure was
applied to the carotid artery,
410
00:18:43,252 --> 00:18:45,385
the victim would have lost
consciousness.
411
00:18:45,385 --> 00:18:47,648
Which accounts
for the last three minutes
412
00:18:47,648 --> 00:18:49,084
when there were no sounds
of a struggle?
413
00:18:49,084 --> 00:18:50,259
Yes.
414
00:18:50,259 --> 00:18:52,479
Meaning after
those first few minutes,
415
00:18:52,479 --> 00:18:54,002
Ellis Joyner no longer posed
416
00:18:54,002 --> 00:18:55,743
a lethal threat
to the defendant?
417
00:18:55,743 --> 00:18:57,788
In my professional
opinion, no.
418
00:18:57,788 --> 00:19:01,444
And--and yet,
for three full minutes,
419
00:19:01,444 --> 00:19:05,361
the defendant
just continued to choke him.
420
00:19:05,361 --> 00:19:09,278
Thank you, Doctor.
No further questions.
421
00:19:12,151 --> 00:19:14,327
Dr. Infante, isn't it true
422
00:19:14,327 --> 00:19:16,633
that the surge
of adrenaline caused
423
00:19:16,633 --> 00:19:19,158
by a life-or-death
confrontation
424
00:19:19,158 --> 00:19:22,204
can distort not only
one's sense of time
425
00:19:22,204 --> 00:19:25,555
but also an awareness
of one's surroundings?
426
00:19:25,555 --> 00:19:27,949
It's possible.
427
00:19:27,949 --> 00:19:30,343
Would you characterize
such a response as reasonable?
428
00:19:30,343 --> 00:19:33,563
I would say
it's not uncommon.
429
00:19:33,563 --> 00:19:37,393
So you're saying it is
both possible and reasonable
430
00:19:37,393 --> 00:19:41,223
that in the confusion
and panic of the moment,
431
00:19:41,223 --> 00:19:43,965
Brandon Arnou did not realize
432
00:19:43,965 --> 00:19:47,055
that the man he believed
was trying to kill him
433
00:19:47,055 --> 00:19:49,492
had lost consciousness?
434
00:19:49,492 --> 00:19:50,798
Yes.
435
00:19:50,798 --> 00:19:53,931
Thank you.
Nothing further.
436
00:19:57,283 --> 00:19:59,415
How long had you
and Ellis Joyner
437
00:19:59,415 --> 00:20:01,461
been seeing each other?
438
00:20:01,461 --> 00:20:03,245
About six months.
439
00:20:03,245 --> 00:20:06,770
It wasn't
a storybook romance, but...
440
00:20:06,770 --> 00:20:08,772
it was the best six months
of my life.
441
00:20:08,772 --> 00:20:11,253
You were on the train
that night with Ellis, correct?
442
00:20:11,253 --> 00:20:14,778
Yes, I got off
at 50th Street to go home.
443
00:20:14,778 --> 00:20:16,737
Did you interact
with the defendant at all
444
00:20:16,737 --> 00:20:18,173
while you were on the train?
445
00:20:18,173 --> 00:20:21,742
Yes, I caught him staring
at us a couple of times.
446
00:20:21,742 --> 00:20:23,657
It was weird.
447
00:20:23,657 --> 00:20:26,573
And when I got up
to get off, he...
448
00:20:26,573 --> 00:20:27,791
stepped in my way.
449
00:20:27,791 --> 00:20:29,402
Intentionally?
450
00:20:29,402 --> 00:20:31,752
Yeah, aggressively.
451
00:20:31,752 --> 00:20:34,581
When I accidentally bumped
into him,
452
00:20:34,581 --> 00:20:38,106
he said, "Watch yourself,"
with this tone.
453
00:20:38,106 --> 00:20:40,848
- What kind of tone?
- A racist tone.
454
00:20:40,848 --> 00:20:43,851
Like, he might as well have
said, "Watch yourself, boy."
455
00:20:43,851 --> 00:20:46,332
Objection, Your Honor,
calls for speculation.
456
00:20:46,332 --> 00:20:49,291
The witness can't testify
to things my client didn't say.
457
00:20:49,291 --> 00:20:50,466
Sustained.
458
00:20:50,466 --> 00:20:52,599
The jury will disregard.
459
00:20:52,599 --> 00:20:54,340
No further questions.
460
00:20:57,647 --> 00:21:01,129
You claim
that Mr. Arnou was aggressive
461
00:21:01,129 --> 00:21:03,218
towards you, confrontational.
462
00:21:03,218 --> 00:21:04,785
He was.
463
00:21:04,785 --> 00:21:09,355
But Mr. Arnou has no history
of violent behavior, none.
464
00:21:09,355 --> 00:21:10,704
So?
465
00:21:10,704 --> 00:21:13,446
But you do, right?
466
00:21:13,446 --> 00:21:15,796
You were charged
with aggravated assault.
467
00:21:15,796 --> 00:21:17,580
Yeah, but that has
nothing to do
468
00:21:17,580 --> 00:21:19,321
with what happened that night.
469
00:21:19,321 --> 00:21:22,193
He was the aggressor.
- I see.
470
00:21:22,193 --> 00:21:26,459
And to be clear, you were not
a witness to the altercation
471
00:21:26,459 --> 00:21:29,810
between Ellis Joyner
and Mr. Arnou?
472
00:21:29,810 --> 00:21:31,855
- Correct.
- So you have no idea
473
00:21:31,855 --> 00:21:33,988
if Joyner attacked
that woman or not,
474
00:21:33,988 --> 00:21:36,817
and you have no idea
if Mr. Arnou was,
475
00:21:36,817 --> 00:21:39,341
in fact, trying to help her.
476
00:21:39,341 --> 00:21:43,650
I wasn't there, but I know
he didn't attack that woman.
477
00:21:43,650 --> 00:21:47,349
But you weren't there.
478
00:21:48,698 --> 00:21:50,613
No further questions.
479
00:21:50,613 --> 00:21:53,181
The witness may step down.
480
00:21:53,181 --> 00:21:55,183
Call your next witness,
Mr. Price.
481
00:21:55,183 --> 00:21:56,967
The prosecution rests.
482
00:21:56,967 --> 00:21:59,361
Mr. Kagan, you're up.
483
00:21:59,361 --> 00:22:03,278
The defense calls
Rebecca Lasky.
484
00:22:03,278 --> 00:22:05,193
Objection, Your Honor,
unfair surprise.
485
00:22:05,193 --> 00:22:06,673
This is the first
we are hearing
486
00:22:06,673 --> 00:22:08,196
of any witness by that name.
487
00:22:08,196 --> 00:22:10,938
That's because this witness
only just came forward.
488
00:22:15,595 --> 00:22:20,991
Ms. Lasky, were you
on the C subway train
489
00:22:20,991 --> 00:22:24,517
the night Ellis Joyner
was killed?
490
00:22:24,517 --> 00:22:26,867
Yes, I was there.
491
00:22:26,867 --> 00:22:29,826
Did you witness
the altercation?
492
00:22:29,826 --> 00:22:32,220
Yes, I did.
493
00:22:32,220 --> 00:22:34,440
Can you tell us
what happened?
494
00:22:36,355 --> 00:22:39,009
I entered the subway car
495
00:22:39,009 --> 00:22:42,535
and accidentally bumped
into Mr. Joyner,
496
00:22:42,535 --> 00:22:44,101
and...
497
00:22:44,101 --> 00:22:47,496
he appeared to be
mentally disturbed in some way.
498
00:22:47,496 --> 00:22:52,066
He kept making these aggressive
grunting noises.
499
00:22:52,066 --> 00:22:54,242
And then he lunged at me.
500
00:22:54,242 --> 00:22:56,375
And then what happened?
501
00:22:56,375 --> 00:23:00,553
He reached into his pocket.
502
00:23:00,553 --> 00:23:05,166
I was scared he had a knife
or something, so I screamed.
503
00:23:05,166 --> 00:23:08,735
I screamed for help...
504
00:23:08,735 --> 00:23:11,041
and that man saved me.
505
00:23:11,041 --> 00:23:13,914
My client, Mr. Arnou?
506
00:23:13,914 --> 00:23:16,786
Yes, he grabbed Mr. Joyner,
507
00:23:16,786 --> 00:23:20,703
and he pulled him away from me.
508
00:23:20,703 --> 00:23:25,012
And then Joyner attacked him,
and they started fighting.
509
00:23:25,012 --> 00:23:27,231
I was terrified.
510
00:23:27,231 --> 00:23:29,712
If he hadn't been there...
511
00:23:31,627 --> 00:23:33,542
That man is a hero.
512
00:23:47,338 --> 00:23:49,253
Yep.
513
00:23:49,253 --> 00:23:52,126
Turns out there really was
a female witness.
514
00:23:52,126 --> 00:23:54,781
- So I've heard.
- She was credible, too.
515
00:23:54,781 --> 00:23:57,218
Her testimony was compelling.
516
00:23:57,218 --> 00:23:58,959
Meaning what?
517
00:23:58,959 --> 00:24:00,743
We should offer
a manslaughter plea.
518
00:24:00,743 --> 00:24:02,702
I'd be surprised
if they accepted it,
519
00:24:02,702 --> 00:24:04,094
but it's worth a shot.
520
00:24:04,094 --> 00:24:06,923
But the audio-video clip
hasn't changed, correct?
521
00:24:06,923 --> 00:24:08,795
- Excuse me?
- The clip where we hear
522
00:24:08,795 --> 00:24:11,188
Mr. Joyner
begging for his life,
523
00:24:11,188 --> 00:24:14,496
where we hear Mr. Arnou
choking out
524
00:24:14,496 --> 00:24:17,151
an unconscious man
for a full three minutes.
525
00:24:17,151 --> 00:24:19,632
That is correct.
That clip still exists.
526
00:24:19,632 --> 00:24:21,808
But there is now more context
for it--
527
00:24:21,808 --> 00:24:23,723
context that is not
in our favor.
528
00:24:23,723 --> 00:24:25,986
But just because
a white woman saw Joyner
529
00:24:25,986 --> 00:24:28,336
as a threat
doesn't make it true.
530
00:24:28,336 --> 00:24:31,208
Like I said,
her testimony was credible.
531
00:24:31,208 --> 00:24:33,994
The jury seemed
to respond quite favorably.
532
00:24:33,994 --> 00:24:35,648
But the witness
wasn't actually there
533
00:24:35,648 --> 00:24:36,866
when the murder took place.
534
00:24:36,866 --> 00:24:39,042
She left before
the fight ended, right?
535
00:24:39,042 --> 00:24:41,001
That's why she didn't show up
in the video.
536
00:24:41,001 --> 00:24:44,308
- Mm-hmm.
- So make that clear, Nolan.
537
00:24:46,354 --> 00:24:49,052
Remind them that Ms. Lasky
wasn't present
538
00:24:49,052 --> 00:24:52,142
when the defendant choked
the life out of Mr. Joyner.
539
00:24:57,713 --> 00:25:02,065
Ms. Lasky, you weren't
actually present
540
00:25:02,065 --> 00:25:06,113
when the defendant strangled
Ellis Joyner to death, correct?
541
00:25:06,113 --> 00:25:09,290
No, the train stopped
while they were still fighting,
542
00:25:09,290 --> 00:25:11,901
and I got off.
543
00:25:11,901 --> 00:25:14,164
But I saw the start
of the fight.
544
00:25:14,164 --> 00:25:17,428
I saw Mr. Arnou grab Joyner
by the arm
545
00:25:17,428 --> 00:25:19,779
and pull him away from me.
546
00:25:19,779 --> 00:25:23,696
And then I saw Joyner
elbow him in the face.
547
00:25:23,696 --> 00:25:27,482
Right, because Mr. Joyner
was terrified.
548
00:25:27,482 --> 00:25:30,529
From his perspective, he was
the one fighting for his life.
549
00:25:30,529 --> 00:25:33,009
I don't know.
550
00:25:33,009 --> 00:25:36,186
It all happened really fast.
551
00:25:36,186 --> 00:25:39,276
And they were yelling
at each other.
552
00:25:39,276 --> 00:25:43,585
And Mr. Arnou kept yelling
at him to stop, to surrender,
553
00:25:43,585 --> 00:25:45,326
and that he was bleeding,
554
00:25:45,326 --> 00:25:48,155
and he was dirty--
555
00:25:48,155 --> 00:25:51,593
or fighting dirty.
556
00:25:51,593 --> 00:25:55,554
I don't really remember
the exact words.
557
00:25:55,554 --> 00:25:57,381
But Joyner didn't listen.
558
00:25:57,381 --> 00:26:00,297
He reached into his pocket.
559
00:26:00,297 --> 00:26:03,474
It looked like he was trying
to grab a knife.
560
00:26:03,474 --> 00:26:05,476
So Mr. Arnou tackled him,
561
00:26:05,476 --> 00:26:08,436
and they started wrestling.
562
00:26:08,436 --> 00:26:11,221
That's when the train stopped,
and I got off.
563
00:26:11,221 --> 00:26:12,962
Just got off?
564
00:26:12,962 --> 00:26:15,399
You didn't tell anyone
what was happening?
565
00:26:15,399 --> 00:26:17,097
I wasn't thinking straight.
566
00:26:17,097 --> 00:26:19,795
Everything was
happening at once.
567
00:26:19,795 --> 00:26:22,842
When the doors opened,
I ran out to look
568
00:26:22,842 --> 00:26:25,671
for someone to tell,
like a cop or something.
569
00:26:25,671 --> 00:26:28,456
But the subway station
was empty.
570
00:26:28,456 --> 00:26:30,719
Then the doors closed,
and the train took off.
571
00:26:30,719 --> 00:26:35,158
So that means you weren't
there during the three minutes
572
00:26:35,158 --> 00:26:37,073
that Ellis Joyner
was unconscious
573
00:26:37,073 --> 00:26:38,640
and the defendant continued
574
00:26:38,640 --> 00:26:41,121
to choke the life
out of his body?
575
00:26:41,121 --> 00:26:45,081
No, but, like I said,
I thought he had a knife.
576
00:26:45,081 --> 00:26:47,127
I'm sure Mr. Arnou did, too.
577
00:26:47,127 --> 00:26:50,652
Did you actually see a knife?
578
00:26:50,652 --> 00:26:51,784
No, but--
579
00:26:51,784 --> 00:26:55,178
Did you see a weapon
of any kind?
580
00:26:57,006 --> 00:26:59,661
- No.
- And you had no idea
581
00:26:59,661 --> 00:27:03,752
that Ellis Joyner
was severely asthmatic?
582
00:27:03,752 --> 00:27:05,275
I didn't at the time.
583
00:27:05,275 --> 00:27:07,974
Mr. Joyner had been
in an altercation
584
00:27:07,974 --> 00:27:09,584
with a fellow comic that night,
585
00:27:09,584 --> 00:27:13,327
then a fraught, verbal argument
with his boyfriend.
586
00:27:13,327 --> 00:27:17,418
High-stress situations
can trigger an asthma attack.
587
00:27:17,418 --> 00:27:21,161
Ellis Joyner was having
an asthma attack.
588
00:27:21,161 --> 00:27:25,165
He wasn't acting aggressively,
nor was he mentally ill.
589
00:27:25,165 --> 00:27:28,168
He was simply having
an asthma attack,
590
00:27:28,168 --> 00:27:31,171
and you misinterpreted
his behavior.
591
00:27:31,171 --> 00:27:34,957
You saw a scary Black man
making a noise--
592
00:27:34,957 --> 00:27:36,698
- Objection.
- Sustained.
593
00:27:45,185 --> 00:27:47,535
Mr. Joyner's behavior
that night was consistent
594
00:27:47,535 --> 00:27:51,060
with someone suffering
from an asthma attack, correct?
595
00:27:52,714 --> 00:27:56,805
Yes, I suppose.
596
00:27:56,805 --> 00:28:01,636
And if that's what it was...
597
00:28:01,636 --> 00:28:04,291
I feel terrible.
598
00:28:04,291 --> 00:28:05,988
Then...
599
00:28:05,988 --> 00:28:10,558
this whole thing i-is...
600
00:28:10,558 --> 00:28:14,301
it's all my fault.
601
00:28:14,301 --> 00:28:15,998
But either way,
602
00:28:15,998 --> 00:28:18,784
Mr. Arnou came to my defense.
603
00:28:20,829 --> 00:28:24,659
He tried to help me,
604
00:28:24,659 --> 00:28:26,879
and he shouldn't be held
responsible.
605
00:28:33,842 --> 00:28:37,193
She made a strong case that
Arnou is not the one to blame.
606
00:28:37,193 --> 00:28:38,586
Yeah.
607
00:28:38,586 --> 00:28:40,762
What do you think
about what Lasky said in there,
608
00:28:40,762 --> 00:28:42,851
that, uh, bit about Arnou
saying something
609
00:28:42,851 --> 00:28:44,287
about blood and dirt?
610
00:28:44,287 --> 00:28:46,550
Oh, I-I don't know what
to make of it. Why?
611
00:28:46,550 --> 00:28:48,596
Do you think it's possible
he was saying something
612
00:28:48,596 --> 00:28:51,425
about "blood and soil"?
613
00:28:51,425 --> 00:28:54,167
- That's a Nazi slogan.
- Exactly.
614
00:28:54,167 --> 00:28:56,822
It's the new battle cry
of white nationalist groups.
615
00:28:56,822 --> 00:28:59,172
You think Arnou is
a white supremacist?
616
00:28:59,172 --> 00:29:00,477
Yeah, I-I don't know.
617
00:29:00,477 --> 00:29:02,349
I'm--I'm just trying
to understand
618
00:29:02,349 --> 00:29:04,264
why he was saying
"blood and dirt."
619
00:29:04,264 --> 00:29:07,006
We interviewed his neighbors,
his coworkers.
620
00:29:07,006 --> 00:29:08,790
None of them reported anything
that would suggest--
621
00:29:08,790 --> 00:29:13,360
What about where he trains,
the, uh, Kovac Academy?
622
00:29:13,360 --> 00:29:14,404
What about it?
623
00:29:14,404 --> 00:29:16,189
Detectives interviewed
the owner.
624
00:29:16,189 --> 00:29:18,887
He has ties to a few white
nationalist organizations.
625
00:29:20,933 --> 00:29:22,195
Check it out.
626
00:29:25,067 --> 00:29:28,462
I already told you.
I don't know Arnou too well.
627
00:29:28,462 --> 00:29:31,595
I just have a few questions.
It won't take long, promise.
628
00:29:31,595 --> 00:29:34,816
Fine, what do you want to know?
629
00:29:34,816 --> 00:29:36,818
Have you ever heard him
say something
630
00:29:36,818 --> 00:29:40,300
that might be interpreted
as racist?
631
00:29:40,300 --> 00:29:42,519
I'm sorry,
but I can't help you.
632
00:29:42,519 --> 00:29:45,871
You can't,
or you don't want to?
633
00:29:47,873 --> 00:29:51,180
I'm closing up, so...
634
00:29:51,180 --> 00:29:54,836
You're aware that Arnou is
on trial for murder?
635
00:29:54,836 --> 00:29:56,664
I am.
636
00:30:06,805 --> 00:30:08,676
Hold up.
637
00:30:14,856 --> 00:30:18,381
Look, I can't get
into the details, but...
638
00:30:18,381 --> 00:30:22,821
let's just say you're heading
down the right path.
639
00:30:22,821 --> 00:30:26,476
"Right path"? What the hell
is that supposed to mean?
640
00:30:26,476 --> 00:30:28,783
Like I said,
I can't help you.
641
00:30:28,783 --> 00:30:30,350
Why not?
642
00:30:30,350 --> 00:30:32,831
Because it would blow
my cover.
643
00:30:35,442 --> 00:30:36,835
You're a cop?
644
00:30:45,626 --> 00:30:47,454
Nick, good to see you.
645
00:30:47,454 --> 00:30:48,890
How you doing, Robin?
646
00:30:48,890 --> 00:30:50,674
- Thanks for coming down.
- Of course.
647
00:30:50,674 --> 00:30:52,894
Um, this is Carol Oberlin.
648
00:30:52,894 --> 00:30:56,550
She's our Deputy Commissioner
of Counterterrorism.
649
00:30:56,550 --> 00:30:58,117
- Glad to meet you.
- Likewise.
650
00:30:58,117 --> 00:31:01,163
I understand you stumbled on
to our undercover operation.
651
00:31:01,163 --> 00:31:02,948
We did.
652
00:31:02,948 --> 00:31:05,515
And, fortunately, a detective
of yours has information
653
00:31:05,515 --> 00:31:08,170
pertinent to a murder
we're prosecuting.
654
00:31:08,170 --> 00:31:09,693
Uh, that's great.
655
00:31:09,693 --> 00:31:12,087
But, uh, let us get you
up to speed
656
00:31:12,087 --> 00:31:14,220
on what it is
we're actually investigating,
657
00:31:14,220 --> 00:31:15,569
give you a sense
658
00:31:15,569 --> 00:31:17,484
of the scope of what
we're dealing with here.
659
00:31:17,484 --> 00:31:19,051
Please.
- Okay.
660
00:31:20,835 --> 00:31:24,491
We've actually had our eye
on Kovac for a while now.
661
00:31:24,491 --> 00:31:26,885
His gym is an "active club,"
662
00:31:26,885 --> 00:31:28,669
part of
an international network
663
00:31:28,669 --> 00:31:30,845
of white supremacist
sleeper cells,
664
00:31:30,845 --> 00:31:33,804
all fronting
as small MMA-style gyms.
665
00:31:33,804 --> 00:31:35,676
How big a network
are we talking about?
666
00:31:35,676 --> 00:31:38,331
So far, we've identified
over 30 active clubs
667
00:31:38,331 --> 00:31:39,941
across 9 different states
668
00:31:39,941 --> 00:31:41,987
and several provinces
of Canada.
669
00:31:41,987 --> 00:31:43,292
So how do they work?
670
00:31:43,292 --> 00:31:45,294
The clubs operate
as recruitment centers.
671
00:31:45,294 --> 00:31:48,428
They lure in young white men
under the guise of getting fit,
672
00:31:48,428 --> 00:31:52,084
while indoctrinating them
in racist ideology
673
00:31:52,084 --> 00:31:54,608
and training them
in military combat.
674
00:31:54,608 --> 00:31:56,784
- They're building an army.
- They're trying to.
675
00:31:56,784 --> 00:31:58,786
It's the new face of hate.
676
00:31:58,786 --> 00:32:01,528
No more white sheets
or burning crosses.
677
00:32:01,528 --> 00:32:03,617
They've adapted
and created a façade
678
00:32:03,617 --> 00:32:06,098
to mask their racist beliefs.
679
00:32:06,098 --> 00:32:08,230
But we need
your undercover's testimony
680
00:32:08,230 --> 00:32:12,104
to secure a conviction
against one of their members.
681
00:32:12,104 --> 00:32:15,411
Detective Fields
has spent nine months
682
00:32:15,411 --> 00:32:17,936
embedding himself
in this community.
683
00:32:17,936 --> 00:32:19,981
All that goes out the window
if he testifies.
684
00:32:19,981 --> 00:32:23,158
I get that, but we're talking
about murder here.
685
00:32:23,158 --> 00:32:25,856
We're not trying to step
on your toes here, Nick,
686
00:32:25,856 --> 00:32:27,989
but we poured a lot
of resources
687
00:32:27,989 --> 00:32:29,817
and manpower
into this operation.
688
00:32:29,817 --> 00:32:31,645
The stakes are pretty high.
689
00:32:31,645 --> 00:32:34,430
We've recently received
credible intel
690
00:32:34,430 --> 00:32:36,519
that Kovac is now
stockpiling firearms
691
00:32:36,519 --> 00:32:39,566
and explosive materials.
692
00:32:39,566 --> 00:32:41,524
These men are terrorists.
693
00:32:41,524 --> 00:32:44,832
They're capable
of significant violence.
694
00:32:46,660 --> 00:32:48,705
Are you asking me
for a favor?
695
00:32:48,705 --> 00:32:51,186
I'm suggesting you take
a big-picture view
696
00:32:51,186 --> 00:32:52,579
of the situation.
697
00:32:57,801 --> 00:32:59,673
We'd greatly appreciate it.
698
00:33:05,200 --> 00:33:08,203
- They're planning an attack?
- Against who?
699
00:33:08,203 --> 00:33:10,336
It appears to be some sort
of coordinated effort
700
00:33:10,336 --> 00:33:13,469
along the lines of
the January 6th insurrection,
701
00:33:13,469 --> 00:33:17,212
only more violent and without
advanced warning this time.
702
00:33:17,212 --> 00:33:20,041
This only underscores
how dangerous Arnou is.
703
00:33:20,041 --> 00:33:22,652
Uh, the jury needs to know
he's part of this organization.
704
00:33:22,652 --> 00:33:24,002
But exposing the undercover
705
00:33:24,002 --> 00:33:26,178
would blow up
the whole investigation.
706
00:33:26,178 --> 00:33:28,745
He's the only asset
they have on the inside.
707
00:33:28,745 --> 00:33:31,009
But Ellis Joyner was murdered
708
00:33:31,009 --> 00:33:34,142
most likely
because he was Black.
709
00:33:34,142 --> 00:33:36,884
He deserves justice.
- I couldn't agree more.
710
00:33:36,884 --> 00:33:39,321
All I'm saying is,
we can't call the undercover
711
00:33:39,321 --> 00:33:41,062
as a witness.
712
00:33:42,542 --> 00:33:44,022
It's for the greater good.
713
00:33:44,022 --> 00:33:47,329
Oh, the greater good, right.
714
00:33:47,329 --> 00:33:50,028
Thank God for that phrase.
715
00:33:50,028 --> 00:33:52,117
Excuse me?
716
00:33:52,117 --> 00:33:53,205
Helps justify a lot
717
00:33:53,205 --> 00:33:57,557
of otherwise
unjustifiable positions.
718
00:33:57,557 --> 00:34:00,081
You're a terrific
prosecutor, Nolan.
719
00:34:00,081 --> 00:34:02,083
You're just gonna have
to find another way
720
00:34:02,083 --> 00:34:04,955
to make clear to the jury
that Arnou is racist.
721
00:34:11,179 --> 00:34:12,920
Mr. Kovac,
722
00:34:12,920 --> 00:34:16,489
you were Brandon Arnou's
personal trainer, correct?
723
00:34:16,489 --> 00:34:18,230
Yes.
724
00:34:18,230 --> 00:34:20,014
You two spend a lot
of time together?
725
00:34:20,014 --> 00:34:22,103
About five hours a week.
726
00:34:22,103 --> 00:34:24,149
Would you say
you were friendly?
727
00:34:24,149 --> 00:34:26,542
Not really.
We worked out together.
728
00:34:26,542 --> 00:34:29,154
- Five hours a week?
- Yes.
729
00:34:29,154 --> 00:34:33,071
You and the defendant
ever discuss racial ideology?
730
00:34:33,071 --> 00:34:35,073
I don't know what that means.
731
00:34:35,073 --> 00:34:37,814
Did you ever discuss
racial purity,
732
00:34:37,814 --> 00:34:39,599
uh, interracial marriage,
733
00:34:39,599 --> 00:34:41,557
the role
that Black people should
734
00:34:41,557 --> 00:34:44,256
or shouldn't play in society?
735
00:34:44,256 --> 00:34:46,084
I don't know
what you're talking about.
736
00:34:46,084 --> 00:34:47,955
Permission to treat the
witness as hostile, Your Honor?
737
00:34:47,955 --> 00:34:49,739
Permission granted.
738
00:34:51,524 --> 00:34:54,440
You have a tattoo
on your arm, the number 88.
739
00:34:54,440 --> 00:34:56,920
It's a neo-Nazi symbol,
isn't it?
740
00:34:56,920 --> 00:34:59,488
I don't know.
I just like the number 88.
741
00:34:59,488 --> 00:35:02,056
So you don't have a problem
with Black people?
742
00:35:02,056 --> 00:35:04,014
- No.
- Even though you have
743
00:35:04,014 --> 00:35:07,061
four prior battery convictions,
744
00:35:07,061 --> 00:35:09,368
all for assaulting Black men,
745
00:35:09,368 --> 00:35:13,285
two that were charged
as hate crimes, correct?
746
00:35:13,285 --> 00:35:14,634
It was a long time ago.
747
00:35:14,634 --> 00:35:16,940
Even though your bio
748
00:35:16,940 --> 00:35:19,160
in your various
social-media accounts
749
00:35:19,160 --> 00:35:21,771
contains the phrase
"blood and soil"?
750
00:35:21,771 --> 00:35:22,990
Objection, relevance.
751
00:35:22,990 --> 00:35:24,992
Rebecca Lasky testified
she overheard
752
00:35:24,992 --> 00:35:28,169
the defendant utter something
about blood and dirt.
753
00:35:28,169 --> 00:35:30,128
She was likely referring
to the defendant's use
754
00:35:30,128 --> 00:35:32,652
of the phrase "blood and soil,"
a racial dog whist--
755
00:35:32,652 --> 00:35:36,482
Objection, Ms. Lasky never
mentioned the word "soil."
756
00:35:36,482 --> 00:35:38,353
Her recollection was vague.
757
00:35:38,353 --> 00:35:40,790
We have a right
to raise the possibility.
758
00:35:40,790 --> 00:35:43,010
I agree.
Overruled.
759
00:35:43,010 --> 00:35:45,186
You may proceed, Mr. Price.
760
00:35:45,186 --> 00:35:47,449
Isn't it true
that "blood and soil"
761
00:35:47,449 --> 00:35:48,972
is a Nazi reference
762
00:35:48,972 --> 00:35:52,672
to a racially uniform society?
763
00:35:52,672 --> 00:35:54,456
It means you're proud
of who you are
764
00:35:54,456 --> 00:35:55,718
and where you come from.
765
00:35:55,718 --> 00:36:00,201
And for you,
that means being white.
766
00:36:02,160 --> 00:36:03,204
Yes.
767
00:36:07,382 --> 00:36:09,906
You taught the defendant
how to fight, correct?
768
00:36:09,906 --> 00:36:11,647
- Yes.
- Teach him how to put someone
769
00:36:11,647 --> 00:36:13,910
in a choke hold?
- Yes.
770
00:36:13,910 --> 00:36:16,609
Did you teach the defendant
to hate Black people?
771
00:36:16,609 --> 00:36:17,871
Objection!
772
00:36:17,871 --> 00:36:19,786
Withdrawn.
773
00:36:19,786 --> 00:36:21,744
Nothing further.
774
00:36:24,269 --> 00:36:28,360
Mr. Kovac, did you ever
discuss race with Mr. Arnou?
775
00:36:28,360 --> 00:36:29,491
No.
776
00:36:29,491 --> 00:36:31,537
Have you ever heard
Mr. Arnou say
777
00:36:31,537 --> 00:36:33,495
"blood and soil"?
- No.
778
00:36:33,495 --> 00:36:37,760
Ellis Joyner was 6'2"
and weighed 210 pounds,
779
00:36:37,760 --> 00:36:40,981
50 pounds more than Mr. Arnou.
780
00:36:40,981 --> 00:36:44,289
As a self-defense expert,
do you think it was reasonable
781
00:36:44,289 --> 00:36:45,855
for Mr. Arnou
782
00:36:45,855 --> 00:36:49,511
to believe Joyner posed
a lethal threat?
783
00:36:49,511 --> 00:36:50,773
Absolutely.
784
00:36:50,773 --> 00:36:53,341
Thank you.
785
00:36:53,341 --> 00:36:54,908
No further questions.
786
00:37:00,087 --> 00:37:03,351
Brandon Arnou is
an elementary-school teacher,
787
00:37:03,351 --> 00:37:07,225
who's never gotten so much
as a speeding ticket.
788
00:37:07,225 --> 00:37:09,401
He did not wake up
that morning
789
00:37:09,401 --> 00:37:12,534
thinking about taking
another person's life.
790
00:37:12,534 --> 00:37:16,886
He did not get on that train
looking for a fight.
791
00:37:16,886 --> 00:37:21,543
But when he saw a fellow
citizen being attacked,
792
00:37:21,543 --> 00:37:24,546
he stepped up.
793
00:37:24,546 --> 00:37:26,461
He did something.
794
00:37:28,637 --> 00:37:30,596
I live in Park Slope.
795
00:37:30,596 --> 00:37:34,077
I take the subway every day
to this courthouse,
796
00:37:34,077 --> 00:37:38,560
and I take it home every night.
797
00:37:38,560 --> 00:37:41,171
And I pray...
798
00:37:41,171 --> 00:37:45,132
that if something
were ever to happen,
799
00:37:45,132 --> 00:37:49,397
someone like Brandon Arnou...
800
00:37:49,397 --> 00:37:52,008
is on that train with me.
801
00:37:56,491 --> 00:37:59,146
Rebecca Lasky
heard the defendant
802
00:37:59,146 --> 00:38:02,671
screaming something
about blood and dirt.
803
00:38:02,671 --> 00:38:04,586
Most likely
804
00:38:04,586 --> 00:38:07,633
what he was screaming
was "blood and soil,"
805
00:38:07,633 --> 00:38:11,593
as a phrase that speaks
to a declaration of hatred
806
00:38:11,593 --> 00:38:15,031
for all people of color.
807
00:38:15,031 --> 00:38:18,034
Ask yourself why.
808
00:38:18,034 --> 00:38:21,951
People like Mr. Arnou keep
their bigotry buttoned up.
809
00:38:21,951 --> 00:38:24,432
They only discuss it
810
00:38:24,432 --> 00:38:27,696
with people they know share
their hateful worldview.
811
00:38:27,696 --> 00:38:31,004
They rely
on plausible deniability,
812
00:38:31,004 --> 00:38:33,876
because if the racism
isn't overt,
813
00:38:33,876 --> 00:38:36,879
many people,
814
00:38:36,879 --> 00:38:40,100
many good people are
all too happy
815
00:38:40,100 --> 00:38:42,145
to assume it isn't there.
816
00:38:42,145 --> 00:38:46,280
Except that,
every once in a while,
817
00:38:46,280 --> 00:38:51,111
in moments
of panic or--or anger...
818
00:38:51,111 --> 00:38:52,982
their mask will slip,
819
00:38:52,982 --> 00:38:56,551
and their true nature
is exposed.
820
00:38:58,553 --> 00:39:03,166
Ellis Joyner was an innocent,
unarmed Black man,
821
00:39:03,166 --> 00:39:05,168
suffering a medical emergency.
822
00:39:05,168 --> 00:39:07,432
And the two white people
on that train with him
823
00:39:07,432 --> 00:39:11,958
assumed he was
a violent threat,
824
00:39:11,958 --> 00:39:15,483
and they attacked him.
825
00:39:15,483 --> 00:39:18,181
The defendant
may not have entered the fight
826
00:39:18,181 --> 00:39:19,444
with the intention to kill,
827
00:39:19,444 --> 00:39:22,447
but at some point,
his focus shifted,
828
00:39:22,447 --> 00:39:24,797
and his racial hate
began to manifest.
829
00:39:24,797 --> 00:39:26,407
That moment
830
00:39:26,407 --> 00:39:30,063
was when the victim,
Ellis Joyner, passed out,
831
00:39:30,063 --> 00:39:32,326
when he was no longer a threat
to Mr. Arnou.
832
00:39:32,326 --> 00:39:34,850
And rather than
release Mr. Joyner,
833
00:39:34,850 --> 00:39:36,983
Arnou continued to choke him
834
00:39:36,983 --> 00:39:40,203
for three minutes.
835
00:39:40,203 --> 00:39:44,512
That is when
his true colors emerged.
836
00:39:44,512 --> 00:39:46,862
That...
837
00:39:46,862 --> 00:39:50,953
is when he murdered
Ellis Joyner.
838
00:40:01,137 --> 00:40:03,966
Mr. Foreperson,
has the jury reached a verdict?
839
00:40:03,966 --> 00:40:05,620
We have, Your Honor.
840
00:40:07,535 --> 00:40:10,233
In the charge of murder
in the second degree,
841
00:40:10,233 --> 00:40:12,888
we find the defendant,
Brandon Arnou,
842
00:40:12,888 --> 00:40:14,237
not guilty.
843
00:40:14,237 --> 00:40:15,978
What the--
844
00:40:15,978 --> 00:40:17,719
Yeah, baby.
845
00:40:17,719 --> 00:40:21,027
Members of the jury,
we thank you for your service.
846
00:40:34,606 --> 00:40:38,871
Tough case,
but you did a hell of a job.
847
00:40:38,871 --> 00:40:40,960
Thanks.
848
00:40:40,960 --> 00:40:43,441
It might have gone
differently if I--
849
00:40:43,441 --> 00:40:46,792
if I didn't have one hand
tied behind my back.
850
00:40:46,792 --> 00:40:48,837
We did the best
that we could.
851
00:40:48,837 --> 00:40:51,100
No, we could
have done better.
852
00:40:51,100 --> 00:40:55,235
We just chose not to,
for the greater good.
853
00:40:55,235 --> 00:40:57,890
I stand by my decision.
854
00:40:57,890 --> 00:40:59,935
Hey! There he is.
855
00:40:59,935 --> 00:41:02,111
And one day soon,
856
00:41:02,111 --> 00:41:04,592
when we take
these bastards down
857
00:41:04,592 --> 00:41:07,856
and roll up their whole damn
racist organization,
858
00:41:07,856 --> 00:41:11,469
you're gonna realize it was
the right decision as well.
859
00:41:18,127 --> 00:41:20,782
Ellis Joyner deserved better.
860
00:41:24,656 --> 00:41:27,223
- All right, man.
- All right, man, come on.
63778
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