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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:06,206 --> 00:00:07,935 NARRATOR: In the criminal justice system 2 00:00:08,008 --> 00:00:11,910 the people are represented by two separate yet equally important groups, 3 00:00:11,978 --> 00:00:13,775 the police who investigate crime, 4 00:00:13,847 --> 00:00:16,680 and the district attorneys who prosecute the offenders. 5 00:00:16,750 --> 00:00:18,240 These are their stories. 6 00:00:24,124 --> 00:00:25,352 (SNORING) 7 00:00:35,969 --> 00:00:37,300 (SPEAKING SPANISH) 8 00:01:04,130 --> 00:01:05,688 (SPANISH SONG PLAYING) 9 00:01:17,477 --> 00:01:19,069 (HONKING) 10 00:01:25,418 --> 00:01:26,715 (SPEAKING SPANISH) 11 00:01:37,897 --> 00:01:41,060 Couple of locals on their way to fish saw him from the overpass. 12 00:01:42,135 --> 00:01:43,966 Looks like a hit and run. 13 00:01:44,037 --> 00:01:45,265 He's alive. 14 00:01:45,338 --> 00:01:47,465 For now. EMT says he's likely. 15 00:01:47,540 --> 00:01:49,132 Any ID on our gentleman? 16 00:01:49,209 --> 00:01:50,369 Just a wallet. 17 00:01:50,443 --> 00:01:52,468 No reason for him to be walking down here. 18 00:01:52,679 --> 00:01:54,442 BERNARD: Eh, he's either lost or drunk. 19 00:01:54,514 --> 00:01:55,708 LUPO: Whoa. 20 00:01:55,782 --> 00:01:57,215 It's auto glass. 21 00:01:57,283 --> 00:02:00,343 I'm no expert but I don't know any laws of physics that says 22 00:02:00,420 --> 00:02:02,149 the glass from the car that hits you 23 00:02:02,222 --> 00:02:04,452 finds its way into your pant leg. 24 00:02:04,858 --> 00:02:06,587 There's some broken glass on the road up here. 25 00:02:06,659 --> 00:02:08,320 BERNARD: No ID. 26 00:02:08,795 --> 00:02:12,287 Thirteen bucks, bad luck 27 00:02:12,398 --> 00:02:13,990 and a family picture 28 00:02:14,067 --> 00:02:18,595 in front of Iglesia de Santa Maria del Puerto Lempira. 29 00:02:19,105 --> 00:02:21,767 I'm guessing this man isn't local. 30 00:02:21,875 --> 00:02:24,742 Here it is, a trail of broken glass about 20 feet long. 31 00:02:25,745 --> 00:02:27,736 It broke while the car was moving. 32 00:02:28,481 --> 00:02:31,609 Yeah, and somehow finds its way inside our man's pants. 33 00:02:31,684 --> 00:02:34,209 Well, try this. If he was kicking out the window from inside, 34 00:02:34,287 --> 00:02:38,348 then glass might fall down his pant leg, 35 00:02:38,424 --> 00:02:42,190 meaning he jumped out of or was thrown from a moving car. 36 00:02:42,262 --> 00:02:45,663 Either way, when he landed on our shores, 37 00:02:45,732 --> 00:02:48,394 I bet this wasn't the landing he anticipated. 38 00:03:37,951 --> 00:03:39,543 He suffered traumatic brain injury. 39 00:03:39,619 --> 00:03:41,109 He's in a grade 3 coma. 40 00:03:41,187 --> 00:03:42,779 The odds he'll come out of it? 41 00:03:42,855 --> 00:03:45,255 Considering he has no spontaneous respiratory function 42 00:03:45,325 --> 00:03:47,384 and his cognitive brain activity is nil? 43 00:03:47,460 --> 00:03:50,122 Got it. What about his other injuries? 44 00:03:50,196 --> 00:03:53,165 Fractured arm, fractured ribs, lacerations on his hands, 45 00:03:53,233 --> 00:03:54,757 bruises on his back and neck. 46 00:03:54,834 --> 00:03:56,563 From an impact with a vehicle? 47 00:03:56,636 --> 00:03:58,228 From impact with the roadway. 48 00:03:59,072 --> 00:04:02,200 Oh, and there's a fresh second-degree burn on his left cheek, 49 00:04:02,275 --> 00:04:03,833 about the size of a quarter. 50 00:04:03,910 --> 00:04:05,241 I'll email you photos. 51 00:04:05,845 --> 00:04:06,869 Thanks. 52 00:04:06,946 --> 00:04:08,914 LUPO: He's got auto glass embedded in the tread of his right heel, 53 00:04:08,982 --> 00:04:11,951 same as the glass on the road and a can of juice. 54 00:04:12,852 --> 00:04:16,185 Naranja, a little taste of home. 55 00:04:16,256 --> 00:04:18,656 Oh, wow. (COUGHS) 56 00:04:18,725 --> 00:04:20,317 That's appetizing. 57 00:04:21,461 --> 00:04:22,985 What is that? Smoked sturgeon. 58 00:04:23,062 --> 00:04:24,689 That stuff's 50 bucks a pound. 59 00:04:24,764 --> 00:04:26,493 Yeah. Irv's on Rivington. 60 00:04:26,566 --> 00:04:29,194 Even money. Our Juan Doe here works in the kitchen. 61 00:04:33,773 --> 00:04:36,867 IZZY: I can barely see his face with all that mishegoss on his head. 62 00:04:36,943 --> 00:04:38,570 Is he okay? 63 00:04:38,645 --> 00:04:39,839 What does it look like? 64 00:04:40,113 --> 00:04:42,911 It could be one of my dishwashers. Oswaldo. 65 00:04:42,982 --> 00:04:44,040 It's his day off. 66 00:04:44,117 --> 00:04:45,141 Oswaldo who? 67 00:04:45,218 --> 00:04:48,984 Oswaldo You're-not-gonna-bust- my-balls-'cause-I-didn't- check-his-papers, okay? 68 00:04:49,722 --> 00:04:53,089 We're murder cops, okay? So a last name? 69 00:04:53,159 --> 00:04:55,627 Don't know it. He shares a place with... 70 00:04:55,695 --> 00:04:56,957 Hey, Tomas! 71 00:04:58,231 --> 00:05:00,961 Talk to these cops about Oswaldo. 72 00:05:01,034 --> 00:05:02,729 (SPEAKING SPANISH) 73 00:05:04,937 --> 00:05:06,131 Hmm? 74 00:05:06,205 --> 00:05:09,402 It's mi amigo, Oswaldo. He okay? 75 00:05:09,475 --> 00:05:11,272 He's not okay. He's in the hospital. 76 00:05:11,344 --> 00:05:12,436 What's his last name? 77 00:05:12,512 --> 00:05:13,638 Morales. 78 00:05:15,248 --> 00:05:16,545 BERNARD: And these people? 79 00:05:16,616 --> 00:05:19,346 His family, in Puerto Lempira in Honduras. 80 00:05:19,419 --> 00:05:21,216 He send them all his money. He work hard. 81 00:05:21,287 --> 00:05:22,549 When did you see him last? 82 00:05:22,622 --> 00:05:26,922 This morning. I come home from night job, 5:00. 83 00:05:26,993 --> 00:05:29,655 And he get up, I take the bed. 84 00:05:29,729 --> 00:05:31,196 He go look for day work. 85 00:05:31,264 --> 00:05:34,165 Where does he look? Under Highway 155. 86 00:05:34,734 --> 00:05:37,032 He wait for the cars to come and they give him a job. 87 00:05:37,403 --> 00:05:39,598 (SIGHING) Looks like it's the dawn patrol for us. Thanks. 88 00:05:39,672 --> 00:05:41,105 Gracias. 89 00:05:43,209 --> 00:05:45,700 LUPO: Hey, hot coffee here for the working man. 90 00:05:45,778 --> 00:05:47,871 (BERNARD SPEAKING SPANISH) 91 00:05:49,148 --> 00:05:50,911 If you don't hurry, he's going to eat it all. 92 00:05:51,751 --> 00:05:52,740 (SPEAKING SPANISH) 93 00:06:04,864 --> 00:06:06,923 LUPO: Anyone see Oswaldo yesterday morning? 94 00:06:09,836 --> 00:06:11,360 MIGUEL: I see him. 95 00:06:11,504 --> 00:06:14,234 You did? Step forward, please. It's okay. 96 00:06:18,010 --> 00:06:19,944 He go in a car for a job. 97 00:06:20,913 --> 00:06:22,073 What kind of car? 98 00:06:22,148 --> 00:06:25,379 Dark green Toyota. I tell Oswaldo be careful. 99 00:06:25,451 --> 00:06:26,611 Why? 100 00:06:26,686 --> 00:06:28,244 It was three white kids in the car, 101 00:06:28,321 --> 00:06:30,186 and they say they got a job for one man. 102 00:06:30,256 --> 00:06:32,986 I see one of the kids take a picture of us with his phone 103 00:06:33,059 --> 00:06:34,890 so I do not go. 104 00:06:34,961 --> 00:06:36,861 You think you'd recognize these kids? 105 00:06:36,929 --> 00:06:39,090 No. It's dark, they stay in the car. 106 00:06:40,199 --> 00:06:41,188 All right, thanks. 107 00:06:41,267 --> 00:06:42,996 (SPEAKING SPANISH) 108 00:06:43,236 --> 00:06:44,863 (MEN MUTTERING THANKS) 109 00:06:44,937 --> 00:06:47,701 White kids taking pictures of Hispanic day laborers. 110 00:06:47,774 --> 00:06:49,708 Yeah, I don't think it's to send to their girlfriends. 111 00:06:49,776 --> 00:06:53,473 One thing for sure. Nowadays everything ends up on the web. 112 00:06:54,981 --> 00:06:57,074 The auto glass is the same make Toyota uses. 113 00:06:57,150 --> 00:07:00,119 We figured he must've kicked the side window out trying to get out. 114 00:07:00,186 --> 00:07:02,552 Probably when those kids burned that hole in his cheek. 115 00:07:03,156 --> 00:07:05,124 VAN BUREN: Any idea what this was done with? 116 00:07:05,191 --> 00:07:08,319 Lab says it wasn't a cigar or cigarette, 117 00:07:08,394 --> 00:07:11,955 more likely metal or ceramic object. 118 00:07:12,064 --> 00:07:14,897 Branding, a new twist on hate crimes. 119 00:07:14,967 --> 00:07:16,901 Well, here's a newer twist, 120 00:07:16,969 --> 00:07:18,834 a video called "Beaner Hunt: 121 00:07:18,905 --> 00:07:21,465 "Taking back America one street at a time." 122 00:07:23,609 --> 00:07:25,133 It was posted last week. 123 00:07:25,778 --> 00:07:27,268 BOY 1: Hurry up! Behind the mail box! 124 00:07:27,346 --> 00:07:28,438 (BOYS LAUGHING) 125 00:07:28,514 --> 00:07:30,345 BOY 2: We're going to nail your ass! (WHOOPING) 126 00:07:30,416 --> 00:07:32,714 I count three voices. 127 00:07:32,785 --> 00:07:34,446 Guy on the corner said three kids. 128 00:07:34,520 --> 00:07:35,612 BOY 3: Yeah! (WHOOPING) 129 00:07:35,688 --> 00:07:37,315 BERNARD: New York Islanders hat. 130 00:07:37,957 --> 00:07:39,481 Good chance we're in the right place. 131 00:07:41,027 --> 00:07:42,289 Toyota. 132 00:07:42,962 --> 00:07:44,054 What is that, a.22? 133 00:07:44,130 --> 00:07:45,188 BOY 1: Go, go, go! 134 00:07:45,264 --> 00:07:46,788 BOY 2: Bagged a beaner, baby! 135 00:07:46,866 --> 00:07:48,060 (GUNSHOTS) 136 00:07:48,134 --> 00:07:49,863 It sounded like a BB gun. 137 00:07:50,002 --> 00:07:51,469 BOY 3: Bagged you, beaner! 138 00:07:51,537 --> 00:07:52,868 BOY 2: I got him! I got him! 139 00:07:53,406 --> 00:07:54,896 It's gotta be the same kids. 140 00:07:54,974 --> 00:07:57,067 Go back to where they first pulled up. 141 00:07:59,378 --> 00:08:00,504 Freeze it. 142 00:08:01,380 --> 00:08:04,975 See if the lab can read the ID number on that mail truck. 143 00:08:10,156 --> 00:08:12,681 LORENZI: You found this on the Internet? I'll be a son of a gun. 144 00:08:12,758 --> 00:08:15,249 Yeah, and that mail truck's from the Peconic Post Office. 145 00:08:16,362 --> 00:08:18,296 You didn't know this was going on in your town? 146 00:08:18,364 --> 00:08:21,731 We've had nine bias incidents against Hispanics in the last month. 147 00:08:21,801 --> 00:08:23,200 Nine in one month? 148 00:08:23,269 --> 00:08:25,703 With unemployment, the economy, 149 00:08:25,771 --> 00:08:27,238 people blame the illegals. 150 00:08:27,340 --> 00:08:29,103 All those illegals who made subprime loans 151 00:08:29,175 --> 00:08:30,733 to people who couldn't afford them. 152 00:08:31,077 --> 00:08:34,069 BERNARD: Any of these incidents involve a green Toyota? 153 00:08:34,146 --> 00:08:35,875 Three with a green sedan, 154 00:08:36,549 --> 00:08:38,414 two drive-bys with a BB gun. 155 00:08:38,484 --> 00:08:40,714 The third one, the kids put a beating on the victim. 156 00:08:40,786 --> 00:08:42,048 You got descriptions? 157 00:08:42,121 --> 00:08:44,282 Three white kids, one with blond hair. 158 00:08:44,357 --> 00:08:46,154 We stepped up patrols 159 00:08:46,225 --> 00:08:47,817 where the illegals congregate. 160 00:08:47,894 --> 00:08:50,488 That's probably what pushed these kids to find new hunting grounds. 161 00:08:50,563 --> 00:08:51,860 BERNARD: We're going to need a list from you, 162 00:08:51,931 --> 00:08:54,058 your local automobile glass shops. 163 00:08:55,201 --> 00:08:56,395 Yeah. 164 00:08:57,270 --> 00:09:00,501 A kid came in Saturday with a green Camry four-door. 165 00:09:00,606 --> 00:09:02,540 Back window on the right side was busted out. 166 00:09:02,608 --> 00:09:04,405 Okay, we need his name and his plate number. 167 00:09:04,477 --> 00:09:05,466 I got nothing. 168 00:09:05,545 --> 00:09:07,479 He didn't have the $180 for parts and labor. 169 00:09:07,547 --> 00:09:09,014 How about a description 170 00:09:09,081 --> 00:09:11,709 or identifying marks on the kid or the car? 171 00:09:11,784 --> 00:09:13,843 Sixteen, 17, 172 00:09:14,387 --> 00:09:16,218 average height, dark hair. 173 00:09:16,289 --> 00:09:18,689 You want to come with us to the local high school, look at some pictures? 174 00:09:18,758 --> 00:09:20,749 Now? I guess. 175 00:09:20,826 --> 00:09:22,794 Jimmy, I gotta go with these guys. 176 00:09:23,329 --> 00:09:24,660 So what'd this kid do anyways? 177 00:09:24,730 --> 00:09:27,426 Him and his buddies put an illegal immigrant into a coma. 178 00:09:29,569 --> 00:09:32,003 You know, I got, like, 10 people that think 179 00:09:32,071 --> 00:09:33,368 they're getting their cars back today. 180 00:09:33,439 --> 00:09:36,306 Yeah, they thought wrong. Come on. 181 00:09:39,512 --> 00:09:42,948 LUPO: We need to know if there's been any... Hey. 182 00:09:43,149 --> 00:09:44,548 Start with the seniors. 183 00:09:48,955 --> 00:09:50,252 This is what they did to him. 184 00:09:51,324 --> 00:09:52,552 This ain't right. 185 00:09:52,625 --> 00:09:55,924 LUPO: Issues with race or immigration. 186 00:09:56,429 --> 00:10:01,196 Peconic's Latino population has grown 25% in five years. 187 00:10:01,267 --> 00:10:04,236 We've had to accommodate students who are here illegally 188 00:10:04,303 --> 00:10:06,362 and speak English as a second language. 189 00:10:06,439 --> 00:10:08,703 So that's where all my tax money's going. 190 00:10:08,774 --> 00:10:10,241 What about your legal students? 191 00:10:10,309 --> 00:10:12,243 Any of them in particular been acting out? 192 00:10:12,345 --> 00:10:14,279 We've cut back on our sports teams, 193 00:10:14,347 --> 00:10:16,474 so there's been resentment among our athletes. 194 00:10:16,549 --> 00:10:18,744 There've been fights, some graffiti. 195 00:10:18,818 --> 00:10:19,944 BOBBY: Him. 196 00:10:25,558 --> 00:10:27,048 Tony Stratton. 197 00:10:27,660 --> 00:10:29,821 Point guard, Varsity basketball team. 198 00:10:29,895 --> 00:10:31,021 Is Tony here right now? 199 00:10:31,097 --> 00:10:32,758 No. Dismissal was at 3:00. 200 00:10:36,402 --> 00:10:37,699 Green Toyota. 201 00:10:38,738 --> 00:10:41,707 Looks like plastic taped over the right rear passenger window. 202 00:10:47,113 --> 00:10:48,580 I got the tag number. 203 00:10:52,051 --> 00:10:53,450 Is Tony Stratton here? 204 00:10:53,519 --> 00:10:55,316 No, no, Tony no here. 205 00:10:55,388 --> 00:10:57,447 Do you know where he is? 206 00:10:57,523 --> 00:10:59,286 (SPEAKING SPANISH) 207 00:10:59,358 --> 00:11:00,882 Oh! No, no, s�. 208 00:11:02,061 --> 00:11:03,255 (SPEAKING SPANISH) 209 00:11:04,530 --> 00:11:06,122 Okay, s�. 210 00:11:09,368 --> 00:11:10,835 Gracias, se�ora. 211 00:11:14,540 --> 00:11:15,700 You see her shoes? 212 00:11:15,775 --> 00:11:17,572 Yeah, open-toe pumps. 213 00:11:17,643 --> 00:11:19,076 Not too many housekeepers do the laundry 214 00:11:19,145 --> 00:11:21,272 in high heels and a sweater set. Mmm-hmm. 215 00:11:21,347 --> 00:11:24,111 Toyota's registered to a Juanita Stratton, this address. 216 00:11:25,584 --> 00:11:27,484 I think we just met Mrs. Stratton. 217 00:11:29,855 --> 00:11:32,016 She's probably on the phone with her husband, 218 00:11:32,091 --> 00:11:34,889 wondering why the cops were asking about their son. 219 00:11:34,960 --> 00:11:37,451 I wonder how the Stratton kid sorts it out in his head. 220 00:11:37,530 --> 00:11:38,588 Huh? 221 00:11:38,664 --> 00:11:41,326 Him being half-Hispanic and beating up on illegals. 222 00:11:41,400 --> 00:11:42,458 Mmm. 223 00:11:43,002 --> 00:11:45,800 The way people feel in this town, he probably figures it's all normal. 224 00:11:45,871 --> 00:11:46,963 I get it. 225 00:11:47,640 --> 00:11:49,232 What? The anger. 226 00:11:50,409 --> 00:11:51,740 Back in South Central, 227 00:11:51,811 --> 00:11:53,711 the young black man can't get jobs 228 00:11:53,779 --> 00:11:57,237 because the bosses know they can pay an illegal four bucks 229 00:11:57,316 --> 00:11:58,874 under the table with no benefits 230 00:11:58,951 --> 00:12:01,784 and know that man is too scared to complain. 231 00:12:01,854 --> 00:12:03,947 So sure, treat them humanely 232 00:12:04,623 --> 00:12:06,386 and put them on a bus and send them home. 233 00:12:06,459 --> 00:12:10,054 And that fence? Dig it deep and build it high. 234 00:12:10,129 --> 00:12:13,155 Don't worry, I think we found a solution for illegal immigration. 235 00:12:13,232 --> 00:12:14,631 It's called the depression. 236 00:12:14,967 --> 00:12:17,993 Believe me, all those illegals are heading home now. 237 00:12:18,070 --> 00:12:19,128 Hmm. 238 00:12:21,574 --> 00:12:22,905 Lupes. 239 00:12:31,584 --> 00:12:34,052 Hold up. Stop the car, please. 240 00:12:34,120 --> 00:12:36,247 Mrs. Stratton? Soy Juanita. 241 00:12:36,322 --> 00:12:38,085 Juanita Stratton. 242 00:12:38,958 --> 00:12:40,789 Do we still need an interpreter? 243 00:12:47,399 --> 00:12:48,457 What do you want? 244 00:12:48,534 --> 00:12:51,401 Interfering with a criminal investigation is a felony. 245 00:12:51,470 --> 00:12:52,937 I'm not interfering with anything. 246 00:12:53,005 --> 00:12:54,666 What happened to your window? 247 00:12:56,041 --> 00:12:58,771 It got broken at the Tastee Freez on Hempstead Turnpike. 248 00:12:59,311 --> 00:13:00,300 Mom? 249 00:13:00,379 --> 00:13:01,641 Go back inside, Tony. 250 00:13:01,714 --> 00:13:02,874 Tony? Tony Stratton. 251 00:13:02,948 --> 00:13:04,210 I'm calling Mr. Mosely, he's a lawyer. 252 00:13:04,283 --> 00:13:05,443 I said go back inside. 253 00:13:05,518 --> 00:13:07,884 Hey, we want to talk to you. Come out of the house! 254 00:13:14,560 --> 00:13:16,926 Probable cause is set out in the warrant application. 255 00:13:16,996 --> 00:13:19,965 The victim was last seen getting into a green Toyota. 256 00:13:20,032 --> 00:13:21,397 In Manhattan. 257 00:13:21,467 --> 00:13:23,935 Your search warrant is for a car 60 miles away. 258 00:13:24,003 --> 00:13:25,800 The car's window was broken out. 259 00:13:25,871 --> 00:13:27,429 The glass at the crime scene... 260 00:13:27,506 --> 00:13:29,133 Can't be matched with this specific car. 261 00:13:29,208 --> 00:13:30,766 Maybe we should play you that video again. 262 00:13:30,843 --> 00:13:31,969 No need. 263 00:13:32,044 --> 00:13:33,807 The car in that video doesn't have a broken window, 264 00:13:33,879 --> 00:13:35,346 there's no telling what color it is, 265 00:13:35,414 --> 00:13:37,143 and nothing connects it to this Stratton kid. 266 00:13:37,216 --> 00:13:38,342 Judge Montaldo... 267 00:13:38,417 --> 00:13:40,817 That's the real bottom line. 268 00:13:41,954 --> 00:13:43,285 Right there. 269 00:13:45,391 --> 00:13:46,983 You had your pick of judges 270 00:13:47,760 --> 00:13:50,251 but you brought this to Judge Montaldo. 271 00:13:51,730 --> 00:13:54,528 You figure a Latino judge is more likely to grant a search warrant 272 00:13:54,600 --> 00:13:56,659 on a hate crime against a Latino man, 273 00:13:56,735 --> 00:13:58,566 no matter how flimsy the probable cause. 274 00:14:00,039 --> 00:14:01,836 If I grant your warrant, 275 00:14:01,907 --> 00:14:03,932 the defense will call it a gimme 276 00:14:04,009 --> 00:14:05,135 and I wouldn't blame them. 277 00:14:10,216 --> 00:14:12,548 This is an important case. 278 00:14:12,618 --> 00:14:14,051 Get it right. 279 00:14:16,989 --> 00:14:18,217 VAN BUREN: He's not wrong. 280 00:14:18,290 --> 00:14:21,054 Everything about this case will be under a microscope. 281 00:14:21,126 --> 00:14:23,686 So, forget about the car for now, 282 00:14:23,762 --> 00:14:26,731 and work on identifying the other two occupants. 283 00:14:26,799 --> 00:14:29,199 There was a blond kid in the passenger seat? 284 00:14:29,268 --> 00:14:30,530 And the one with the BB gun. 285 00:14:30,603 --> 00:14:32,662 Well, check Stratton's entries in the yearbook, 286 00:14:32,738 --> 00:14:34,865 for shout-outs to his buddies. 287 00:14:37,409 --> 00:14:39,309 Let's see... 288 00:14:39,378 --> 00:14:42,870 "Throwing out a bump to my man, Bird." 289 00:14:42,948 --> 00:14:45,280 VAN BUREN: Stratton's on the basketball team. 290 00:14:45,351 --> 00:14:47,751 Good chance his accomplices will be too. 291 00:14:47,820 --> 00:14:48,946 Yup. 292 00:14:49,021 --> 00:14:50,921 A blond basketball player. 293 00:14:50,990 --> 00:14:53,049 Bird as in Larry Bird, maybe. 294 00:14:53,125 --> 00:14:55,320 Or Big Bird. 295 00:14:56,629 --> 00:14:59,427 Timothy Moore, shooting guard. 296 00:15:03,302 --> 00:15:06,362 DIANE: Tim's upstate today, visiting colleges with his dad. 297 00:15:06,438 --> 00:15:07,871 Looks like he's going to have his pick. 298 00:15:07,940 --> 00:15:09,430 Now why do you want to talk to Tim? 299 00:15:09,508 --> 00:15:11,635 We need him to identify a BB gun pistol 300 00:15:11,710 --> 00:15:13,871 that was used in a robbery two weeks ago. 301 00:15:13,946 --> 00:15:16,642 The suspect said he bought it from a student at Peconic High School. 302 00:15:16,715 --> 00:15:17,704 Yeah, the people at the school 303 00:15:17,783 --> 00:15:19,580 think they remember your son had one. 304 00:15:19,652 --> 00:15:21,415 His father bought it for him for target practice 305 00:15:21,487 --> 00:15:22,681 when he was 11. 306 00:15:22,755 --> 00:15:24,723 But he hasn't used it in years. 307 00:15:25,524 --> 00:15:26,821 Is Timothy in trouble? 308 00:15:26,892 --> 00:15:28,382 LUPO: For selling his BB gun? No. 309 00:15:28,460 --> 00:15:30,792 He had a game last Friday night, yeah? 310 00:15:30,863 --> 00:15:32,421 Yeah. You know where he went after? 311 00:15:32,498 --> 00:15:33,931 He went out with his friend Tony. 312 00:15:33,999 --> 00:15:35,694 BERNARD: What time did he get home? 313 00:15:35,768 --> 00:15:38,999 He has a midnight curfew, and he's never late. 314 00:15:39,571 --> 00:15:42,096 Mrs. Moore, there are some people lying comes to naturally. 315 00:15:42,174 --> 00:15:43,937 You're definitely not one of them. 316 00:15:47,980 --> 00:15:50,813 My husband and I were visiting friends in Maryland for the weekend. 317 00:15:50,883 --> 00:15:51,941 I'll write down his number. 318 00:15:52,017 --> 00:15:53,644 From now on, you should talk to him. 319 00:15:53,719 --> 00:15:54,811 (CELL PHONE CHIMING) 320 00:15:54,887 --> 00:15:56,548 Well, now we know Timothy owns a BB gun 321 00:15:56,622 --> 00:15:58,613 and he was with Stratton on Friday. 322 00:15:58,691 --> 00:16:00,158 And we know the attack video 323 00:16:00,225 --> 00:16:02,887 was uploaded from a computer at the school. 324 00:16:03,595 --> 00:16:05,563 COACH: From my computer? No way. 325 00:16:05,631 --> 00:16:08,099 Well, it's easy enough for us to check, Coach. Do you mind? 326 00:16:08,167 --> 00:16:09,725 So who has access to your computer? 327 00:16:09,802 --> 00:16:11,167 I want you to know I don't tolerate that crap. 328 00:16:11,236 --> 00:16:13,932 Racial stuff, gay stuff, I hear it from my players, they run laps. 329 00:16:14,006 --> 00:16:15,132 Well, that's good to hear. 330 00:16:15,207 --> 00:16:17,107 BERNARD: The video itself was deleted from the computer 331 00:16:17,176 --> 00:16:18,438 once it was uploaded to the net, 332 00:16:18,510 --> 00:16:21,707 but the AVI footprint's still here on your hard drive. 333 00:16:21,814 --> 00:16:23,679 So again, who has access to your computer? 334 00:16:24,183 --> 00:16:26,811 My team manager, Kyle Chase. 335 00:16:26,885 --> 00:16:29,012 He uses it to keep the team stats. 336 00:16:29,088 --> 00:16:30,316 That makes three. 337 00:16:32,891 --> 00:16:33,949 CLERK: "28943. 338 00:16:34,026 --> 00:16:36,392 "People v. Tony Stratton, Timothy Moore and Kyle Chase. 339 00:16:36,462 --> 00:16:38,430 "Attempted Murder in the First Degree." 340 00:16:38,497 --> 00:16:41,694 The People serve notice we'll be seeking a hate crime enhancement. 341 00:16:41,767 --> 00:16:43,496 So noted. What's the plea? 342 00:16:43,569 --> 00:16:45,628 MOSELY: Not guilty as to each defendant. 343 00:16:45,704 --> 00:16:47,296 The People ask for remand. (PEOPLE EXCLAIMING) 344 00:16:47,373 --> 00:16:49,739 JUDGE: Silence! Silence now! 345 00:16:50,843 --> 00:16:55,041 Your Honor, my clients attend school and play team sports, 346 00:16:55,114 --> 00:16:56,911 they should be ROR'd to their parents. 347 00:16:56,982 --> 00:16:59,576 The police have uncovered four videos of the defendants 348 00:16:59,651 --> 00:17:01,846 attacking Hispanic men in the past two months. 349 00:17:01,920 --> 00:17:03,217 MOSELY: Those videos have nothing to do 350 00:17:03,288 --> 00:17:04,949 with the charges they're facing here today. 351 00:17:05,024 --> 00:17:06,616 CONNIE: They prove that their parents are unable 352 00:17:06,692 --> 00:17:08,284 or unwilling to supervise them. 353 00:17:08,360 --> 00:17:10,624 JUDGE: Then let's make sure we get their parents' attention. 354 00:17:10,696 --> 00:17:13,256 Bail is set at $150,000 for each defendant. 355 00:17:13,499 --> 00:17:15,160 (PEOPLE EXCLAIMING) 356 00:17:22,007 --> 00:17:23,565 I don't know how you can talk about a hate crime, 357 00:17:23,642 --> 00:17:25,234 since Tony Stratton's half-Hispanic. 358 00:17:25,310 --> 00:17:26,436 His mother's from Argentina. 359 00:17:26,512 --> 00:17:29,743 Your clients targeted their victims because of their ethnicity. 360 00:17:29,815 --> 00:17:31,146 Oh, right, the videos. 361 00:17:31,216 --> 00:17:34,049 About the videos... Motion to suppress. 362 00:17:35,587 --> 00:17:38,613 The judge granted the defense motion. Videos are out. 363 00:17:38,690 --> 00:17:41,386 (SIGHS) Yeah, so the videos proving the kids are prejudiced 364 00:17:41,460 --> 00:17:44,987 are tossed out because they would prejudice the jury against the kids. 365 00:17:45,931 --> 00:17:47,398 You sure you still want to be a lawyer? 366 00:17:47,466 --> 00:17:49,730 There goes our proof this was a hate crime. 367 00:17:49,802 --> 00:17:51,702 Well, what's left is no great shakes either. 368 00:17:51,770 --> 00:17:54,671 We have an eyewitness who can identify the car but not the occupant 369 00:17:54,740 --> 00:17:56,503 and some broken glass. 370 00:17:56,575 --> 00:17:58,270 (CELL PHONES CHIMING) 371 00:18:04,283 --> 00:18:06,342 ROYCE: Homeless guy, found him under a mattress. 372 00:18:06,585 --> 00:18:07,882 I saw the burn on his face, 373 00:18:07,953 --> 00:18:08,977 and him looking Hispanic, 374 00:18:09,054 --> 00:18:11,522 I thought about the other guy, so I called you. 375 00:18:12,758 --> 00:18:14,350 You did the right thing. 376 00:18:14,426 --> 00:18:15,757 Any idea how long he's been here? 377 00:18:15,828 --> 00:18:18,661 About a week. The cold temperature slowed down the decomp. 378 00:18:18,964 --> 00:18:20,727 I found blunt-force trauma on his head, 379 00:18:20,799 --> 00:18:22,562 defensive wounds on his hands. 380 00:18:22,801 --> 00:18:23,927 Going by the shape of the injuries, 381 00:18:24,002 --> 00:18:25,936 I'd look for a baseball bat as the murder weapon. 382 00:18:26,004 --> 00:18:27,631 BERNARD: Can we get a picture of this? 383 00:18:30,209 --> 00:18:32,677 There's a Mexican peso jammed into the end. 384 00:18:32,744 --> 00:18:34,541 Looks like it's been heated. 385 00:18:36,148 --> 00:18:38,776 This is what they've been branding these guys with. 386 00:18:38,851 --> 00:18:40,148 A Mexican peso. Real subtle. 387 00:18:41,253 --> 00:18:42,618 Rey Alvarez. 388 00:18:43,489 --> 00:18:45,184 What country is he from? 389 00:18:45,824 --> 00:18:47,052 Detroit, Michigan. 390 00:18:47,126 --> 00:18:50,562 UAW card, stubs from an unemployment check. 391 00:18:51,263 --> 00:18:53,424 They thought they were bagging an illegal alien, 392 00:18:53,499 --> 00:18:56,059 instead they got an out-of-work auto worker. 393 00:18:56,702 --> 00:18:58,101 That's what anger gets you. 394 00:19:04,309 --> 00:19:07,472 What the deplorable events in Peconic and New York City underline 395 00:19:07,546 --> 00:19:10,276 is that people are scared and people are angry. 396 00:19:10,349 --> 00:19:12,374 All right, bottom line, under Jack McCoy, 397 00:19:12,451 --> 00:19:15,147 has New York become a sanctuary city for illegals? 398 00:19:15,754 --> 00:19:18,450 If Mr. McCoy actually enforced the law, 399 00:19:18,857 --> 00:19:21,690 our schools and our workplaces wouldn't be filled with illegals. 400 00:19:21,927 --> 00:19:22,985 There you have it. 401 00:19:25,464 --> 00:19:27,796 Where are you with these deplorable events? 402 00:19:27,866 --> 00:19:30,596 The unemployed auto worker was living with his sister. 403 00:19:31,136 --> 00:19:32,933 He has recently found a job 404 00:19:33,005 --> 00:19:34,802 working as a night watchman in East Harlem. 405 00:19:34,873 --> 00:19:36,636 It looks like he was grabbed and killed 406 00:19:36,708 --> 00:19:40,337 24 hours after Mr. Morales was thrown out of the Toyota. 407 00:19:40,412 --> 00:19:41,743 The same kids? Mm-hmm. 408 00:19:41,813 --> 00:19:43,747 CONNIE: Both victims had a similar burn, 409 00:19:43,815 --> 00:19:45,282 or a brand, on their face. 410 00:19:45,350 --> 00:19:48,114 These kids had been escalating their violence. 411 00:19:48,187 --> 00:19:49,654 They finally got a scalp. 412 00:19:49,855 --> 00:19:51,720 How good a case against them for the murder? 413 00:19:51,790 --> 00:19:53,621 No witnesses, no forensics. 414 00:19:53,692 --> 00:19:55,353 We have a somewhat better case against them 415 00:19:55,427 --> 00:19:57,452 for the assault on Mr. Morales. 416 00:19:57,529 --> 00:19:59,463 Then join the two cases. 417 00:19:59,531 --> 00:20:02,227 Prove both victims were branded with the same device. 418 00:20:02,301 --> 00:20:05,236 And let the assault bootstrap the murder case. 419 00:20:05,304 --> 00:20:07,465 Or let the murder case tank the assault case. 420 00:20:07,539 --> 00:20:10,406 I say we proceed with the assault on Mr. Morales, 421 00:20:10,475 --> 00:20:12,807 hold off on the murder, see what the police turn up. 422 00:20:12,878 --> 00:20:15,938 I say we prosecute the assault of an illegal alien 423 00:20:16,315 --> 00:20:19,648 while we back-burner the murder of an American citizen. 424 00:20:20,619 --> 00:20:22,678 I can write the editorials myself. 425 00:20:22,754 --> 00:20:26,315 Now political image even trumps legal reality? 426 00:20:29,828 --> 00:20:31,591 Here is the legal reality. 427 00:20:32,497 --> 00:20:34,522 We're joining the two cases. 428 00:20:35,367 --> 00:20:36,527 Clear? 429 00:20:42,074 --> 00:20:45,043 Mr. Cutter is seeking to piggy-back two cases 430 00:20:45,110 --> 00:20:46,441 that have no connection. 431 00:20:46,511 --> 00:20:49,071 Except the same defendants, similar victims... 432 00:20:49,147 --> 00:20:50,876 An illegal immigrant 433 00:20:50,949 --> 00:20:54,282 allegedly thrown from a car, 434 00:20:54,353 --> 00:20:57,948 and an American citizen beaten to death with a baseball bat? 435 00:20:58,190 --> 00:21:01,819 Both men were Hispanic and both were branded with the same crude instrument. 436 00:21:01,893 --> 00:21:02,985 MOSELY: How do you know it's the same? 437 00:21:03,061 --> 00:21:05,393 That evidence will be provided at trial. 438 00:21:05,464 --> 00:21:08,729 Your Honor, this claim that the same device was used 439 00:21:08,967 --> 00:21:11,936 is Mr. Cutter's only basis to join the cases. 440 00:21:12,004 --> 00:21:13,369 BERROW: I get it, Mr. Mosely. 441 00:21:13,438 --> 00:21:15,065 Mr. Cutter, I'm not granting you this joinder 442 00:21:15,140 --> 00:21:16,630 until you show me evidence 443 00:21:16,708 --> 00:21:19,199 that the victims were branded with the same instrument. 444 00:21:19,278 --> 00:21:22,577 The defense has the right to examine that evidence firsthand. 445 00:21:22,648 --> 00:21:23,842 Fair enough. 446 00:21:23,949 --> 00:21:27,441 Mr. Cutter, you will make both victims available to the defense. 447 00:21:29,021 --> 00:21:31,922 Let's get Oswaldo Morales examined as soon as possible. 448 00:21:33,292 --> 00:21:35,283 You're here for Oswaldo Morales? 449 00:21:35,360 --> 00:21:37,225 Uh, yes, Connie Rubirosa. 450 00:21:38,063 --> 00:21:39,826 Dr. Rodgers is with the M.E.'s office. 451 00:21:39,898 --> 00:21:42,924 She's here to conduct an examination of Mr. Morales' face. 452 00:21:44,069 --> 00:21:45,696 Mr. Morales is no longer here. 453 00:21:46,238 --> 00:21:47,671 He was discharged last night. 454 00:21:48,440 --> 00:21:50,738 Discharged? He was in a coma on life support. 455 00:21:50,809 --> 00:21:51,935 Who was he discharged to? 456 00:21:52,010 --> 00:21:54,205 Well, pursuant to hospital policy, 457 00:21:54,279 --> 00:21:56,042 patients who are undocumented aliens 458 00:21:56,114 --> 00:21:58,605 are repatriated as soon as they're stabilized. 459 00:21:58,684 --> 00:22:01,653 Mr. Morales was medevaced to his home country of Honduras. 460 00:22:01,720 --> 00:22:03,688 Medevaced to where in Honduras? 461 00:22:03,755 --> 00:22:07,350 To their main airport in Tegucigalpa. 462 00:22:07,426 --> 00:22:09,519 And what, you just left him on the tarmac? 463 00:22:09,594 --> 00:22:13,223 Pursuant to policy, he was turned over to the Honduran authorities. 464 00:22:13,298 --> 00:22:16,324 He's their responsibility, not ours. 465 00:22:17,469 --> 00:22:20,370 Shipping a critically ill patient out in the middle of the night, 466 00:22:20,439 --> 00:22:21,804 without telling anyone. 467 00:22:23,508 --> 00:22:25,669 What's the matter with these people? 468 00:22:25,744 --> 00:22:27,075 It's simple math. 469 00:22:27,145 --> 00:22:29,010 Seventy grand for a flight to Honduras 470 00:22:29,081 --> 00:22:32,209 versus 200 grand a month to keep him on life support. 471 00:22:32,284 --> 00:22:36,084 Well, for 100 bucks, they could've just put him in a rowboat off Jones Beach. 472 00:22:36,154 --> 00:22:37,644 Do we know where he is in Honduras? 473 00:22:37,723 --> 00:22:38,883 CUTTER: It doesn't matter. 474 00:22:38,957 --> 00:22:41,858 No judge is going to require the defense to send their expert there. 475 00:22:41,927 --> 00:22:43,155 We needed him here. 476 00:22:43,228 --> 00:22:44,525 McCOY: Then let's get him back. 477 00:22:44,596 --> 00:22:46,496 We'll issue a material witness warrant 478 00:22:46,565 --> 00:22:49,033 and pay for his care out of our discretionary fund. 479 00:22:50,635 --> 00:22:52,694 I hope your passport is up to date. 480 00:22:53,038 --> 00:22:55,529 It is. I'll get started on the warrant application. 481 00:22:56,608 --> 00:22:58,838 Paying for an illegal immigrant's medical bills 482 00:22:58,910 --> 00:23:03,438 with taxpayer's money while millions of Americans can't afford health care. 483 00:23:04,349 --> 00:23:06,249 I'm sure you know what you're in for. 484 00:23:07,152 --> 00:23:09,814 Since when are you worried about my political image? 485 00:23:10,455 --> 00:23:13,686 All things being equal, Jack, I do want you to win this election. 486 00:23:14,659 --> 00:23:16,092 (SCOFFS) 487 00:23:19,464 --> 00:23:22,399 You want to take my son where they try to kill him? 488 00:23:22,467 --> 00:23:23,661 CONNIE: If you let him come with us, 489 00:23:23,735 --> 00:23:26,670 he can fight back against the ones who did this to him. 490 00:23:28,206 --> 00:23:29,332 (SNIFFLING) 491 00:23:29,408 --> 00:23:32,104 They say he will never get better. 492 00:23:36,548 --> 00:23:37,810 Is that true? 493 00:23:39,851 --> 00:23:42,251 He'll be in the best hospital in New York. 494 00:23:43,121 --> 00:23:46,181 The city will pay for his doctors, his medicines. 495 00:23:46,258 --> 00:23:48,351 (BABBLING) 496 00:23:50,729 --> 00:23:53,254 Hey, we'll pay for you to come too. 497 00:23:54,399 --> 00:23:56,367 Your son won't be alone. 498 00:24:03,442 --> 00:24:05,307 (SPEAKING SPANISH) 499 00:24:15,487 --> 00:24:20,481 I'll go with Oswaldo. I want to see the boys who did this to my son. 500 00:24:21,359 --> 00:24:23,020 I'll sign the papers. 501 00:24:26,898 --> 00:24:28,593 (SPEAKING SPANISH) 502 00:24:35,874 --> 00:24:40,334 The diameter, shape and depth of both burns 503 00:24:40,412 --> 00:24:41,743 are identical. 504 00:24:41,813 --> 00:24:44,338 And both exhibit the same irregularity 505 00:24:44,416 --> 00:24:46,350 on the outer perimeter of the burned skin. 506 00:24:46,418 --> 00:24:48,886 To what do you attribute this irregularity? 507 00:24:48,987 --> 00:24:51,820 There's an indentation on the edge of the coin. 508 00:24:52,324 --> 00:24:56,385 It lines up perfectly with both irregularities. 509 00:24:56,495 --> 00:24:58,486 In my opinion, the same heated coin 510 00:24:58,563 --> 00:25:00,497 was used to make both burns. 511 00:25:00,565 --> 00:25:01,691 Thank you. 512 00:25:01,766 --> 00:25:03,097 All right. Thank you, Doctor. 513 00:25:03,168 --> 00:25:05,295 Your Honor, I have questions. 514 00:25:05,370 --> 00:25:06,860 BERROW: Save them for the trial. 515 00:25:06,938 --> 00:25:10,203 I'm granting the People's motion to consolidate the indictments. 516 00:25:10,275 --> 00:25:13,642 The defendants will be tried for both, the assault on Mr. Morales 517 00:25:14,312 --> 00:25:16,109 and the murder of Mr. Alvarez. 518 00:25:18,617 --> 00:25:20,084 The D.A.'s got to prove he's tough 519 00:25:20,151 --> 00:25:21,641 so he's scapegoating our kids. 520 00:25:21,720 --> 00:25:24,985 It's our children who need protection from these illegal immigrants. 521 00:25:25,056 --> 00:25:28,423 Like that girl in Washington who was killed by an illegal from El Salvador. 522 00:25:28,493 --> 00:25:31,326 Or those Mexican drug gangs that are coming across the border. 523 00:25:31,429 --> 00:25:33,954 What are we going to do about it? Mr. McCoy. 524 00:25:34,533 --> 00:25:36,797 Are you aware of the complaint that has been filed 525 00:25:36,868 --> 00:25:39,928 with the attorney general about your expenditure of public funds 526 00:25:40,005 --> 00:25:42,940 to fly an illegal immigrant back from Honduras 527 00:25:43,008 --> 00:25:44,873 and pay for his hospital care? 528 00:25:44,943 --> 00:25:48,242 Mr. Morales's presence serves the defendants' rights 529 00:25:48,313 --> 00:25:50,645 to confront the witnesses against them, Mr. Pewls? 530 00:25:50,715 --> 00:25:53,980 It doesn't bother you that Mr. Morales is being afforded medical care 531 00:25:54,052 --> 00:25:58,284 that's beyond the reach of more than 75% of the residents of this city? 532 00:25:58,356 --> 00:26:00,449 It bothers me that most people in this city 533 00:26:00,525 --> 00:26:02,322 can't afford high-quality medical care. 534 00:26:02,394 --> 00:26:03,725 It should bother you too. 535 00:26:03,795 --> 00:26:05,387 One last question, Mr. McCoy. 536 00:26:05,463 --> 00:26:07,090 The Ledger is coming out with a story 537 00:26:07,165 --> 00:26:09,190 that you hired an undocumented alien 538 00:26:09,267 --> 00:26:11,735 as a household worker and nanny for your children. 539 00:26:12,337 --> 00:26:13,531 You care to comment? 540 00:26:13,605 --> 00:26:15,732 I'll comment after I read the story. 541 00:26:15,807 --> 00:26:17,968 I'm here to talk about this case. 542 00:26:18,043 --> 00:26:22,309 I intend to make justice available to everyone in our jurisdiction. 543 00:26:22,380 --> 00:26:24,473 Justice is not a finite resource. 544 00:26:24,549 --> 00:26:28,645 Because it's given to one doesn't mean that it will be denied to another. 545 00:26:28,720 --> 00:26:31,712 But if it is denied to one, it's denied to all. 546 00:26:35,260 --> 00:26:38,058 Nicely handled, but what about this nanny? 547 00:26:39,931 --> 00:26:41,330 Oh, great. 548 00:26:44,736 --> 00:26:46,465 As to the allegations against Mr. McCoy 549 00:26:46,538 --> 00:26:48,768 concerning an undocumented household worker, 550 00:26:48,840 --> 00:26:51,900 well, that's... That's a matter for different agencies. 551 00:26:51,977 --> 00:26:52,966 However, I understand... 552 00:26:56,615 --> 00:26:59,277 I was going through my divorce in '91, 553 00:26:59,818 --> 00:27:01,251 Ellen and I were separated. 554 00:27:01,319 --> 00:27:02,980 She hired a nanny. 555 00:27:03,054 --> 00:27:05,716 She was stressed out, overwhelmed by 556 00:27:09,060 --> 00:27:10,425 everything. 557 00:27:12,364 --> 00:27:14,491 She never thought to check the woman's papers. 558 00:27:14,566 --> 00:27:16,557 We didn't find out until a year later, 559 00:27:16,635 --> 00:27:18,933 we let the woman go, paid her taxes. 560 00:27:19,004 --> 00:27:21,564 So someone's been going through your divorce records. 561 00:27:21,640 --> 00:27:24,074 Mike, my problems are my problems. 562 00:27:24,142 --> 00:27:26,440 The work here goes on, regardless. 563 00:27:26,511 --> 00:27:29,036 Well, we set a trial date for the Peconic kids. 564 00:27:29,114 --> 00:27:32,413 Good. Keep the pressure on. (CELL PHONE CHIMING) 565 00:27:33,752 --> 00:27:36,016 Kyle Chase, the kid who uploaded the videos, 566 00:27:36,921 --> 00:27:39,014 his new lawyer wants to talk. 567 00:27:41,893 --> 00:27:44,361 I'm not going to prison for a murder I had nothing to do with. 568 00:27:44,429 --> 00:27:46,829 CUTTER: No, we certainly wouldn't want you to do that. 569 00:27:46,898 --> 00:27:48,627 After what happened with the guy who broke the window, 570 00:27:48,700 --> 00:27:50,861 Timothy and Tony, they wanted to go back out Saturday night 571 00:27:50,935 --> 00:27:52,425 to find another beaner but... 572 00:27:52,504 --> 00:27:53,766 Sorry. 573 00:27:55,974 --> 00:27:57,373 I meant a Hispanic. 574 00:27:59,244 --> 00:28:00,734 I didn't want to go with them. 575 00:28:00,812 --> 00:28:02,074 So I bagged out. 576 00:28:02,514 --> 00:28:04,778 Kyle will plead to the assault on Mr. Morales 577 00:28:04,849 --> 00:28:07,044 and he'll testify against Moore and Stratton. 578 00:28:07,118 --> 00:28:09,609 Assuming, of course, we get a satisfactory offer from you. 579 00:28:09,688 --> 00:28:11,553 He doesn't have an alibi for the murder 580 00:28:11,623 --> 00:28:12,783 or we would've heard it by now. 581 00:28:12,857 --> 00:28:14,757 And since his friends haven't exculpated him, 582 00:28:14,826 --> 00:28:16,487 we only have his word. 583 00:28:16,561 --> 00:28:20,361 I... I wasn't there, I swear. 584 00:28:20,432 --> 00:28:22,764 I was home. Why are you sweating him? 585 00:28:22,834 --> 00:28:25,632 He'll give you everything you need against his friends. 586 00:28:25,704 --> 00:28:27,194 First he testifies, 587 00:28:28,673 --> 00:28:31,107 then we'll talk about a sentence recommendation. 588 00:28:36,715 --> 00:28:38,410 KYLE: We were driving around Peconic. 589 00:28:38,483 --> 00:28:40,883 Tony saw this Mexican walking along. 590 00:28:40,952 --> 00:28:42,442 And so we came up on him, 591 00:28:42,520 --> 00:28:45,080 and Tim capped him with the BB. 592 00:28:45,156 --> 00:28:47,351 The guy, like, jumped. 593 00:28:47,425 --> 00:28:48,824 CUTTER: And that's all you did, 594 00:28:48,893 --> 00:28:50,986 shoot Hispanic men with a BB gun? 595 00:28:51,062 --> 00:28:55,021 At first. But then one of them flipped us off, 596 00:28:55,100 --> 00:28:57,660 so we put a beat down on him. 597 00:28:57,736 --> 00:28:59,601 And how often did you and the defendants 598 00:28:59,671 --> 00:29:02,697 go looking for Hispanic men to attack? 599 00:29:02,774 --> 00:29:04,708 Not a lot. Maybe once a week. 600 00:29:06,010 --> 00:29:09,707 Did there come a time when you started looking outside Peconic? 601 00:29:09,781 --> 00:29:12,375 We were afraid of being caught by the town cops, 602 00:29:12,450 --> 00:29:14,509 so we went into the city. 603 00:29:14,586 --> 00:29:16,178 Tony heard on TV about this place 604 00:29:16,254 --> 00:29:17,983 where the illegals went to get work. 605 00:29:18,056 --> 00:29:20,581 Tim had this Mexican coin from his sister 606 00:29:20,658 --> 00:29:22,523 who'd been to Canc�n on spring break. 607 00:29:22,594 --> 00:29:26,530 Kyle, what did you and the defendants do with this coin? 608 00:29:26,598 --> 00:29:29,658 Tim and Tony wanted to pick up an illegal 609 00:29:29,734 --> 00:29:32,464 and burn the coin on his face, 610 00:29:33,071 --> 00:29:35,005 so everybody would know he was illegal. 611 00:29:35,507 --> 00:29:38,567 And what happened that Friday night when you came into the city? 612 00:29:39,711 --> 00:29:42,544 We, uh, waited for the illegals to start showing up. 613 00:29:43,114 --> 00:29:44,877 This Mexican came over. 614 00:29:45,283 --> 00:29:47,183 This man? Yes, sir. That's the Mexican. 615 00:29:49,554 --> 00:29:51,954 Oswaldo Morales is Honduran. 616 00:29:53,758 --> 00:29:56,556 Okay, whatever. He came over. 617 00:29:56,628 --> 00:29:59,620 We told him we had a job for him for 50 bucks. 618 00:29:59,697 --> 00:30:03,224 He got in the back with Tim, we drove away. 619 00:30:03,301 --> 00:30:07,101 Tony talked to him in Spanish to make him feel comfortable. 620 00:30:07,172 --> 00:30:08,332 CUTTER: What were you doing? 621 00:30:08,406 --> 00:30:11,068 I had this pipe that Tim rigged up 622 00:30:11,142 --> 00:30:13,508 with the coin jammed in the end. 623 00:30:14,179 --> 00:30:16,443 People's 17. Is this the pipe? 624 00:30:16,514 --> 00:30:18,675 Yes, sir. I heated it with a lighter. 625 00:30:18,750 --> 00:30:20,149 When it was glowing red, 626 00:30:20,218 --> 00:30:23,244 Tim put his arm around the guy's neck. 627 00:30:23,321 --> 00:30:26,848 With his other hand he pressed the coin into his face. 628 00:30:27,692 --> 00:30:29,956 The guy screamed, he was fighting back. 629 00:30:31,262 --> 00:30:32,490 Tim started wailing on him. 630 00:30:33,698 --> 00:30:35,131 The guy kicked out the window. 631 00:30:35,800 --> 00:30:38,496 Tim pushed him out the car, we drove home. 632 00:30:38,570 --> 00:30:40,800 CUTTER: Did something happen later that night? 633 00:30:40,872 --> 00:30:42,806 Tim was, like, let's go back and do it right. 634 00:30:42,874 --> 00:30:45,308 What did that mean, "do it right"? 635 00:30:45,376 --> 00:30:48,209 Him and Tony wanted to kill one of them. 636 00:30:48,913 --> 00:30:51,575 But I wanted nothing to do with that. 637 00:30:51,649 --> 00:30:53,014 So I just stayed home. 638 00:30:53,084 --> 00:30:54,881 No further questions. 639 00:31:01,693 --> 00:31:06,357 Did Tim and Tony brag to you about killing Mr. Alvarez? 640 00:31:06,431 --> 00:31:07,762 No. 641 00:31:08,366 --> 00:31:11,460 But didn't they show you the bat they used 642 00:31:11,536 --> 00:31:14,767 or describe how Mr. Alvarez died? 643 00:31:14,839 --> 00:31:16,807 No, they didn't say anything about that. 644 00:31:16,875 --> 00:31:21,835 You don't know for a fact they killed Mr. Alvarez, do you? 645 00:31:22,680 --> 00:31:24,238 No, I don't. 646 00:31:24,315 --> 00:31:27,375 It's pure speculation on your part 647 00:31:27,452 --> 00:31:30,683 and the more you speculate, the lighter your sentence. 648 00:31:30,755 --> 00:31:33,087 Isn't that your deal with Mr. Cutter? 649 00:31:33,157 --> 00:31:34,146 No. 650 00:31:34,225 --> 00:31:35,852 Aren't you afraid to go to prison, Kyle? 651 00:31:35,927 --> 00:31:37,019 Yes, I sure am. 652 00:31:37,095 --> 00:31:41,828 So afraid that you agreed to testify against your friends! 653 00:31:41,900 --> 00:31:43,162 Your Honor, if Mr. Mosely... 654 00:31:43,234 --> 00:31:44,997 Mr. Mosely, do you have a question? 655 00:31:45,536 --> 00:31:49,438 Kyle, isn't it possible 656 00:31:49,507 --> 00:31:53,136 you let your fear color your testimony here today? 657 00:32:01,319 --> 00:32:03,150 I don't know. Maybe. 658 00:32:07,892 --> 00:32:09,359 Maybe you did. 659 00:32:10,595 --> 00:32:11,755 No more questions. 660 00:32:11,829 --> 00:32:13,126 Redirect, Your Honor. 661 00:32:13,197 --> 00:32:15,256 Kyle, when you just testified 662 00:32:15,333 --> 00:32:19,861 about what you and the defendants did to Mr. Morales, 663 00:32:19,938 --> 00:32:21,530 did you tell the truth? 664 00:32:25,243 --> 00:32:26,904 Young man, answer the question. 665 00:32:30,481 --> 00:32:34,247 Mr. Chase, answer or I'll cite you for contempt. 666 00:32:34,319 --> 00:32:36,514 Okay, sure. 667 00:32:37,889 --> 00:32:39,584 I told the truth. 668 00:32:43,861 --> 00:32:47,490 My name is Ramiro Lopez. I am from Mexico. 669 00:32:47,565 --> 00:32:49,795 I live in Peconic, on Long Island. 670 00:32:49,867 --> 00:32:52,563 Are you here legally, Mr. Lopez? 671 00:32:52,637 --> 00:32:56,266 No, sir. I come across the border one year ago. 672 00:32:56,341 --> 00:32:58,172 Can you describe what happened to you 673 00:32:58,242 --> 00:33:00,972 in Peconic in March of this year? 674 00:33:01,045 --> 00:33:02,842 I was walking home. 675 00:33:02,914 --> 00:33:04,609 A green car stop on the road. 676 00:33:04,682 --> 00:33:06,377 Three boys got out. 677 00:33:06,451 --> 00:33:09,079 They scream, "Where you going, you stupid beaner?" 678 00:33:09,787 --> 00:33:12,187 I try to run. But the boy with blond hair catch me. 679 00:33:12,924 --> 00:33:15,722 He hit me in the face. The other boys kick me. 680 00:33:15,793 --> 00:33:17,522 They broke my nose and my ribs. 681 00:33:17,595 --> 00:33:19,893 They say if I do not go back to Mexico, 682 00:33:19,964 --> 00:33:21,431 next time they will kill me. 683 00:33:21,499 --> 00:33:24,662 Do you see any of these boys in the courtroom today? 684 00:33:24,736 --> 00:33:26,260 Two of them sit at the table. 685 00:33:27,171 --> 00:33:29,901 Tony Stratton and Timothy Moore. 686 00:33:31,542 --> 00:33:32,634 Thank you. 687 00:33:37,949 --> 00:33:40,042 Who do you work for, Mr. Lopez? 688 00:33:41,252 --> 00:33:43,447 I don't want to say. My boss might get in trouble. 689 00:33:43,521 --> 00:33:45,580 And you don't pay taxes, is that right? 690 00:33:45,656 --> 00:33:48,216 I'm sorry but I cannot find a job in Mexico. 691 00:33:48,292 --> 00:33:51,193 You admit you cheat our government, 692 00:33:51,262 --> 00:33:53,696 you steal from everyone here... 693 00:33:53,765 --> 00:33:57,257 Mister, if people came to my country 694 00:33:58,236 --> 00:34:00,204 with no papers and took jobs, 695 00:34:00,271 --> 00:34:01,761 I would feel bad too. 696 00:34:01,839 --> 00:34:03,363 But I have to feed my family. 697 00:34:03,908 --> 00:34:06,069 Yeah, that's all fine and good, 698 00:34:06,144 --> 00:34:09,272 but you're an admitted thief and liar. 699 00:34:10,281 --> 00:34:12,579 How do we know you're not lying about my clients? 700 00:34:13,384 --> 00:34:18,879 Your Honor, I move that this witness's entire testimony be stricken. 701 00:34:18,956 --> 00:34:20,981 Denied. Mr. Lopez, you're excused. 702 00:34:21,059 --> 00:34:22,890 You may step down. Thank you, Judge. 703 00:34:23,661 --> 00:34:26,255 Your Honor, the People rest their case. 704 00:34:26,330 --> 00:34:28,764 BERROW: Mr. Mosely, are you ready to call your first witness? 705 00:34:29,367 --> 00:34:30,527 Uh... 706 00:34:32,870 --> 00:34:34,428 What's going on there? 707 00:34:34,505 --> 00:34:36,439 Immigration and Customs Enforcement, Your Honor. 708 00:34:36,507 --> 00:34:38,031 We're taking Mr. Lopez into custody. 709 00:34:38,109 --> 00:34:40,077 Your Honor, this man is the People's witness. 710 00:34:40,144 --> 00:34:41,475 He is subject to recall. 711 00:34:41,546 --> 00:34:43,878 It's not my jurisdiction, Mr. Cutter. 712 00:34:43,948 --> 00:34:46,940 But If I were you, I'd get on the phone to the U.S. Attorney 713 00:34:47,018 --> 00:34:49,782 and make sure they don't deport your witness. 714 00:34:49,854 --> 00:34:52,516 Mr. Mosely, call your first witness. 715 00:34:53,424 --> 00:34:54,914 I came here from Argentina 716 00:34:54,992 --> 00:34:58,621 as an exchange student 23 years ago. 717 00:34:58,696 --> 00:35:00,596 I met my husband here. 718 00:35:00,665 --> 00:35:03,862 I became a citizen, raised a family. 719 00:35:03,935 --> 00:35:05,926 I'm very proud to be an American. 720 00:35:07,505 --> 00:35:09,905 But I'm also proud of my Spanish heritage. 721 00:35:09,974 --> 00:35:13,239 I raised my son Antonio to be proud of his heritage, too. 722 00:35:13,311 --> 00:35:16,041 My son does not hate Spanish people, 723 00:35:16,114 --> 00:35:17,445 he doesn't hate immigrants. 724 00:35:17,515 --> 00:35:19,483 It would be like hating his own family. 725 00:35:19,550 --> 00:35:21,643 MOSELY: Thank you, Mrs. Stratton. 726 00:35:22,420 --> 00:35:25,116 Mrs. Stratton, has your son ever come home 727 00:35:25,189 --> 00:35:27,885 and told you someone called him names like, 728 00:35:27,959 --> 00:35:30,621 and please forgive my language, 729 00:35:30,695 --> 00:35:32,788 a spic or a beaner? 730 00:35:32,864 --> 00:35:34,263 Yes. 731 00:35:34,332 --> 00:35:35,765 He knows those words hurt. 732 00:35:35,833 --> 00:35:37,391 That's why he doesn't use them. 733 00:35:37,468 --> 00:35:41,427 Has he ever complained that he was excluded from social activities 734 00:35:41,506 --> 00:35:44,475 because of his heritage? 735 00:35:44,542 --> 00:35:47,102 Sometimes, but it doesn't bother him. 736 00:35:47,178 --> 00:35:49,738 What? It's not important to your son 737 00:35:49,814 --> 00:35:52,112 to belong, to have friends? 738 00:35:52,183 --> 00:35:54,151 Yes, like any teenager, 739 00:35:54,218 --> 00:35:56,277 but he wouldn't do anything bad. 740 00:35:56,354 --> 00:35:59,380 I told you, Tony doesn't have hate in his heart. 741 00:35:59,457 --> 00:36:00,947 So you say. 742 00:36:02,827 --> 00:36:05,455 When you first spoke to the police at your home, 743 00:36:05,530 --> 00:36:08,556 you pretended not to understand English. 744 00:36:08,633 --> 00:36:11,761 You let them believe that you were the housekeeper, correct? 745 00:36:11,836 --> 00:36:13,394 I didn't say I was the housekeeper. 746 00:36:13,471 --> 00:36:16,804 No, no, you pretended to be, to deceive them. 747 00:36:16,874 --> 00:36:17,932 It's them who made a mistake. 748 00:36:18,009 --> 00:36:19,909 How could anyone look at me and think I'm a groncho? 749 00:36:20,711 --> 00:36:22,838 I beg your pardon, what's that word you used? 750 00:36:22,914 --> 00:36:24,245 A groncho? 751 00:36:25,016 --> 00:36:26,813 JUANITA: It's an Argentine word. 752 00:36:26,884 --> 00:36:28,112 What does it mean? 753 00:36:29,120 --> 00:36:31,782 It means a simple person, a campesino. 754 00:36:31,856 --> 00:36:34,051 Oh, no, no. That word I know. 755 00:36:34,125 --> 00:36:36,218 That, uh, means a peasant? 756 00:36:36,294 --> 00:36:37,386 Yes. 757 00:36:37,461 --> 00:36:39,725 But a groncho is more than that. 758 00:36:39,797 --> 00:36:42,357 It's a derogatory term for a poor person, 759 00:36:42,433 --> 00:36:44,367 an unemployed person, isn't it? 760 00:36:45,069 --> 00:36:47,196 It's just a word we use in Buenos Aires. 761 00:36:47,271 --> 00:36:51,002 By upper class people to describe the lower class, correct? 762 00:36:51,075 --> 00:36:53,635 Do you use that word around your son? 763 00:36:53,711 --> 00:36:55,941 I never taught my son that word. 764 00:36:56,013 --> 00:36:57,742 No, but you taught him that attitude. 765 00:36:57,815 --> 00:36:58,839 No. 766 00:36:58,916 --> 00:37:02,249 That gronchos, people like Oswaldo Morales and Rey Alvarez 767 00:37:02,320 --> 00:37:05,084 are bums, garbage, sub-human... 768 00:37:05,156 --> 00:37:07,920 Objection. Asked and answered. 769 00:37:07,992 --> 00:37:09,152 Sustained. 770 00:37:15,266 --> 00:37:17,598 I have no further questions, Your Honor. 771 00:37:20,972 --> 00:37:22,530 McCOY: We've got nothing to hide, Ellen. 772 00:37:22,607 --> 00:37:24,131 Just tell the truth. 773 00:37:24,208 --> 00:37:26,233 I'm sorry you got dragged into this mess. 774 00:37:28,879 --> 00:37:30,346 Me, too, Ellen. Thanks. 775 00:37:32,583 --> 00:37:33,777 My ex. 776 00:37:35,920 --> 00:37:37,410 The case is with the jury. 777 00:37:38,256 --> 00:37:40,019 Four hours and counting. 778 00:37:40,091 --> 00:37:42,685 Better lay in the provisions. It's going to be a long one. 779 00:37:42,760 --> 00:37:45,024 Hey. Judge wants to see us. 780 00:37:45,096 --> 00:37:46,461 Apparently, a court officer 781 00:37:46,530 --> 00:37:50,193 saw jurors watching a Len Pewls special on illegal immigration. 782 00:37:50,268 --> 00:37:53,101 Who let a TV into the deliberation room? 783 00:37:53,170 --> 00:37:54,603 This was on an iPhone. 784 00:37:55,906 --> 00:37:58,568 When is this country going to wake up to the fact 785 00:37:58,643 --> 00:38:00,508 that we have been invaded? 786 00:38:00,578 --> 00:38:03,741 When are the junket-softened wimps of Washington 787 00:38:03,814 --> 00:38:07,545 gonna quit kow-towing to the great god of NAFTA 788 00:38:07,618 --> 00:38:08,915 and start throwing our weight around? 789 00:38:08,986 --> 00:38:12,080 Amnesty, ladies and gentlemen, is not reform, 790 00:38:12,156 --> 00:38:13,248 it is surrender. 791 00:38:15,293 --> 00:38:17,352 Mr. Di Grappa, where did you get this podcast? 792 00:38:17,428 --> 00:38:19,362 My cousin e-mailed it to me. 793 00:38:19,430 --> 00:38:21,227 I only showed it to four of the jurors. 794 00:38:21,299 --> 00:38:22,994 I'm replacing you with an alternate. 795 00:38:23,067 --> 00:38:25,092 You're dismissed from jury duty. Have a nice day. 796 00:38:29,073 --> 00:38:31,633 Replacing one juror isn't enough, Your Honor. 797 00:38:31,709 --> 00:38:33,939 Mr. Cutter, I'm not declaring a mistrial. 798 00:38:34,011 --> 00:38:36,844 I not going to put this city through another month of this. 799 00:38:36,914 --> 00:38:38,814 The other jurors have sworn to me 800 00:38:38,883 --> 00:38:40,942 that they can maintain their impartiality, 801 00:38:41,018 --> 00:38:45,148 despite what they've heard from this race-baiting gas-bag. 802 00:38:45,790 --> 00:38:48,850 The jurors will resume deliberations. 803 00:38:57,268 --> 00:38:59,361 BERROW: Has the jury reached a verdict? 804 00:38:59,437 --> 00:39:00,699 We have, Your Honor. 805 00:39:00,771 --> 00:39:03,865 As to Rey Alvarez, a count of Murder in the First Degree, 806 00:39:03,941 --> 00:39:05,101 how do you find? 807 00:39:05,176 --> 00:39:07,701 We find the defendants not guilty. 808 00:39:07,778 --> 00:39:09,439 (ALL MURMURING) 809 00:39:10,915 --> 00:39:13,042 BERROW: As to Oswaldo Morales, 810 00:39:13,551 --> 00:39:15,951 on a charge of Attempted Murder, how do you find? 811 00:39:16,020 --> 00:39:18,614 We find the defendants not guilty. 812 00:39:19,657 --> 00:39:22,626 BERROW: As to Oswaldo Morales, on the lesser included offense 813 00:39:22,693 --> 00:39:25,127 of Assault in the First Degree, how do you find? 814 00:39:25,196 --> 00:39:27,596 We find the defendants guilty. 815 00:39:37,641 --> 00:39:39,268 How much time? 816 00:39:40,811 --> 00:39:42,779 The judge said five years. 817 00:39:42,847 --> 00:39:44,144 (CRYING) 818 00:39:45,249 --> 00:39:48,218 Five years for what they did to my son? 819 00:39:49,653 --> 00:39:52,952 Oswaldo survived the attack, Mrs. Morales. 820 00:39:53,023 --> 00:39:54,422 He's still alive. 821 00:39:54,792 --> 00:39:56,282 This is not alive. 822 00:39:57,061 --> 00:39:58,289 Look at him. 823 00:39:58,863 --> 00:40:02,321 No change, no change. That's what doctors say. 824 00:40:04,368 --> 00:40:06,632 There are other ways to make them pay for what they did. 825 00:40:06,704 --> 00:40:10,299 We can find you a lawyer who can sue their families. 826 00:40:10,608 --> 00:40:12,439 I don't want money. 827 00:40:15,413 --> 00:40:18,314 (CRYING) I just want my son to wake up. 828 00:40:19,350 --> 00:40:24,287 I want to see him play with my grandchildren. 829 00:40:28,058 --> 00:40:30,151 But he never will. 830 00:40:33,964 --> 00:40:35,955 He never will. 831 00:40:42,640 --> 00:40:45,302 Thank you for what you did. 832 00:40:45,376 --> 00:40:46,843 Thank you. 833 00:41:02,960 --> 00:41:04,791 U.S. V. Stanhope is a good precedent, 834 00:41:04,862 --> 00:41:07,387 you should cite it sooner. Paragraph 3. 835 00:41:07,465 --> 00:41:09,092 (CELL PHONE RINGING) 836 00:41:10,301 --> 00:41:11,666 Mike Cutter. 837 00:41:14,305 --> 00:41:15,431 When? 838 00:41:17,041 --> 00:41:19,532 All right, thanks for letting me know. 839 00:41:22,880 --> 00:41:26,281 Maria Morales signed a DNR order for her son this morning. 840 00:41:27,618 --> 00:41:28,915 He was taken off life support 841 00:41:28,986 --> 00:41:31,181 and declared dead 20 minutes later. 842 00:41:35,626 --> 00:41:37,116 (SIGHING) 843 00:41:44,635 --> 00:41:47,570 Send Mrs. Morales our condolences. 844 00:41:47,638 --> 00:41:50,072 Then re-charge Timothy Moore and Tony Stratton 845 00:41:50,140 --> 00:41:51,903 with first-degree bias murder. 846 00:41:53,177 --> 00:41:54,508 Right. 847 00:41:54,578 --> 00:41:57,012 Jury found them guilty of assaulting Oswaldo, 848 00:41:57,081 --> 00:41:59,641 stands to reason they'll convict them of his murder. 849 00:42:01,418 --> 00:42:03,079 CONNIE: You think she knew? 850 00:42:03,153 --> 00:42:04,552 Oswaldo's mother? 851 00:42:05,322 --> 00:42:06,550 Maybe somebody told her 852 00:42:06,624 --> 00:42:08,819 his death would give us a new cause of action. 853 00:42:09,827 --> 00:42:11,192 Why not? 854 00:42:11,262 --> 00:42:13,287 Everyone games the system. 855 00:02:52,000 --> 00:02:56,000 Ripped & Corrected By mstoll 856 00:42:15,000 --> 00:42:19,000 Ripped & Corrected By mstoll 857 00:42:19,050 --> 00:42:23,600 Repair and Synchronization by Easy Subtitles Synchronizer 1.0.0.0 66143

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