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In the criminal justice
system,
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the people are represented
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by two separate,
yet equally important groups:
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the police,
who investigate crime,
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and the district attorneys,
who prosecute the offenders.
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These are their stories.
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I wanna thank you all
for coming out today
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to support Alternative Justice
in New York, an organization
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working hard to find novel ways
to reduce crime
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and strengthen our communities.
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Before I introduce
Suzanne Forrester,
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the dynamo attorney behind
this visionary nonprofit,
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I want to acknowledge
Suzanne's latest report,
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which shows a rise
in prison deaths.
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Incarceration shouldn't be
a de facto death sentence,
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and putting felons in prison
can't be the endpoint
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of our justice system.
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And now, without further ado,
Suzanne Forrester.
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Thank you, everybody.
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Good afternoon.
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Eli here is so committed
to his latest pro bono case,
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he's forgotten what it is
to actually bill a client.
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I'm not gonna let some
charter elementary school
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in New York City post
the Ten Commandments.
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First Louisiana,
now Spanish Harlem?
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It stops here.
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Thou shalt not question
Eli's passion for this case.
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Religion has no place
in a state-funded building.
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I agree.
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I just don't like
angering zealots.
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Oh, I can handle zealots.
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Speaking of,
I've got a 2:00 meeting.
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Who's the vic?
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Eli Freeman, age 26,
lives alone.
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Landlord says he's been
renting for two years.
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Apparently, he's a lawyer.
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Okay. Who found him?
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I did.
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A work colleague called in a
wellness check a few hours ago.
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- Cause of death?
- Blunt force trauma.
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Looks like he got
his forehead bashed into
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this marble kitchen counter.
- Ooh. We got a time?
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Given temp and rigidity,
I'd peg
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between 7:00 and 11:00 p.m.
last night.
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Well, he obviously
put up a fight,
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so why don't you
bag his hands, huh?
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I'm seeing a phone
and a wallet,
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so likely not a robbery.
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No music on, no food out.
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Doesn't look like
he was entertaining.
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00:02:12,784 --> 00:02:15,046
He is wearing
a nice suit though.
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All dressed up
and no place to go.
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Does he have any family
that we can notify?
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His landlord didn't have
any emergency contacts listed.
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No. Eli said he was orphaned.
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Put himself through
Queens Community College,
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00:03:17,240 --> 00:03:20,111
tutored his way through
Fordham Law.
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I took him under my wing here.
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00:03:21,853 --> 00:03:24,899
Within a year, he was
the firm's MVP associate.
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And when's the last time
you saw him?
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He left here around
6:00 yesterday.
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- Any idea where he was headed?
- No.
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I was on a client call
when he ducked out.
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Eli was very private.
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I really don't know much
about him other than
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where he went to law school.
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All right, thanks.
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00:03:45,921 --> 00:03:49,402
Fordham Law confirms
the vic's photo and name.
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He has a law degree.
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00:03:50,795 --> 00:03:52,883
Queens Community College
has no record
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00:03:52,884 --> 00:03:55,059
of Eli Freeman
ever attending class.
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00:03:55,060 --> 00:03:57,366
If you're gonna lie
about where you went to school,
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00:03:57,367 --> 00:04:00,064
Queens Community College
is kind of an odd choice.
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00:04:00,065 --> 00:04:01,805
Go big, right? Go Ivy League.
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00:04:01,806 --> 00:04:02,893
He could have legit
went there
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00:04:02,894 --> 00:04:04,155
and changed his name.
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00:04:04,156 --> 00:04:05,548
Well, okay,
I'll follow up with Fordham
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00:04:05,549 --> 00:04:06,897
and see if I can track down
his application.
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00:04:06,898 --> 00:04:08,899
Wow, this kid was
a workhorse though.
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00:04:08,900 --> 00:04:10,423
I mean, I found a bunch of
social media pics of him,
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00:04:10,424 --> 00:04:12,251
and he's clerking
at the law library,
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00:04:12,252 --> 00:04:14,253
late night study sessions,
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00:04:14,254 --> 00:04:16,255
winning the moot court
competition.
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00:04:16,256 --> 00:04:17,299
I mean, as far as I can tell,
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00:04:17,300 --> 00:04:18,474
this kid cut loose one time
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00:04:18,475 --> 00:04:20,476
at something called
the Barrister's Ball
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00:04:20,477 --> 00:04:23,000
and took a girl
named Angie Marliss,
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00:04:23,001 --> 00:04:27,744
who is now a sustainable
lingerie designer.
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00:04:27,745 --> 00:04:29,746
What is that, like bras
made from plastic bottles?
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00:04:29,747 --> 00:04:32,183
You know, if I'm not mistaken,
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00:04:32,184 --> 00:04:33,663
the vic got a text from
an Angie
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00:04:33,664 --> 00:04:35,752
the night of the murder.
Yeah, here it is.
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00:04:35,753 --> 00:04:39,843
She said, "I'm really getting
tired of this nonsense."
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I'd go find Angie.
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00:04:41,498 --> 00:04:43,586
DNA analysis from the hairs
found on Eli's jacket are back.
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00:04:43,587 --> 00:04:45,546
They're from a woman.
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00:04:48,462 --> 00:04:51,377
So you were dating Eli?
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00:04:51,378 --> 00:04:53,335
How long were you two involved?
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00:04:53,336 --> 00:04:56,425
On and off, couple years.
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00:04:56,426 --> 00:04:58,906
How well
did you know his past?
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00:04:58,907 --> 00:05:02,779
He said he was on his own,
had lost his family.
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00:05:02,780 --> 00:05:06,305
Did he ever use any aliases
or a different name?
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00:05:06,306 --> 00:05:07,915
What? No.
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00:05:07,916 --> 00:05:09,438
When was the last time
you saw Eli?
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00:05:09,439 --> 00:05:12,615
Four, five months ago?
106
00:05:12,616 --> 00:05:16,140
And then in August,
he called things off.
107
00:05:16,141 --> 00:05:17,881
He said he was gonna mail me
some of my stuff back,
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00:05:17,882 --> 00:05:19,970
and he never did.
- How about that?
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00:05:19,971 --> 00:05:21,929
You didn't speak to him
since August.
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00:05:21,930 --> 00:05:25,324
Yet two nights ago,
the night he was murdered,
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00:05:25,325 --> 00:05:27,108
you hate text him?
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00:05:27,109 --> 00:05:29,066
He kept blowing me off.
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00:05:29,067 --> 00:05:31,373
And then the other night,
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00:05:31,374 --> 00:05:34,811
my friend saw him having dinner
at Union Cafe with some woman.
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00:05:34,812 --> 00:05:36,683
You mind telling us
where you were
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00:05:36,684 --> 00:05:39,686
two nights ago between the
hours of 7:00 and 11:00 p.m.?
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00:05:39,687 --> 00:05:42,036
I was hosting a private
bachelorette viewing
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00:05:42,037 --> 00:05:44,560
right here for
20 liquored-up women
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00:05:44,561 --> 00:05:47,955
from Greenwich trying on
everything in the studio.
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00:05:47,956 --> 00:05:50,392
Our vic didn't use
any dating apps,
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00:05:50,393 --> 00:05:52,525
and we couldn't find
any digital trace
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00:05:52,526 --> 00:05:54,004
about any new girlfriend.
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00:05:54,005 --> 00:05:56,311
We did find some calls
to a burner phone,
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00:05:56,312 --> 00:05:58,226
and we've got some techs
going through those right now.
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00:05:58,227 --> 00:05:59,749
What did the restaurant say?
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00:05:59,750 --> 00:06:03,492
Confirmed a reservation
for two at 6:30 p.m.
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00:06:03,493 --> 00:06:05,102
They sent us video
of the front door.
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00:06:05,103 --> 00:06:06,452
He entered alone.
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00:06:06,453 --> 00:06:08,323
Hour later, at 7:30 p.m.,
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00:06:08,324 --> 00:06:09,890
he leaves
with a mystery brunette,
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00:06:09,891 --> 00:06:13,067
and she's got a file folder
that reads "Pathway Forward."
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00:06:14,461 --> 00:06:16,418
You mean that halfway house
in Hell's Kitchen?
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00:06:16,419 --> 00:06:19,508
- The one and only.
- Whoa, hey, guys!
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00:06:19,509 --> 00:06:21,118
Harold from Pathway Forward
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00:06:21,119 --> 00:06:22,903
says that the woman that
I described is named Martha
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00:06:22,904 --> 00:06:24,687
and that she volunteers
there once a week.
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00:06:24,688 --> 00:06:26,428
- Got an address?
- No.
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00:06:26,429 --> 00:06:28,299
But he said that she's a member
of the Baylor Church community,
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00:06:28,300 --> 00:06:30,519
which is upstate near Hudson.
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00:06:30,520 --> 00:06:33,088
You gentlemen got
a full tank of gas?
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00:06:49,147 --> 00:06:50,713
They broke with
the Mennonite Church
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00:06:50,714 --> 00:06:53,412
about 100 years ago,
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00:06:53,413 --> 00:06:57,503
consider themselves
a utopian sect.
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00:06:57,504 --> 00:06:59,461
I'm Pastor John.
This is my son, Jacob.
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00:06:59,462 --> 00:07:01,811
Can we help you?
- Afternoon, gentlemen.
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00:07:01,812 --> 00:07:04,205
We're detectives with the
New York Police Department.
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00:07:04,206 --> 00:07:07,122
We're looking for this woman.
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00:07:08,602 --> 00:07:09,732
That's Martha.
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00:07:09,733 --> 00:07:11,604
Martha Fairchild
is our schoolteacher
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00:07:11,605 --> 00:07:13,910
and my son's fiancée.
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00:07:13,911 --> 00:07:15,346
Why is she with Elijah Penner?
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00:07:15,347 --> 00:07:16,957
His name is Elijah Penner?
153
00:07:16,958 --> 00:07:18,567
Yes, he grew up here.
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00:07:18,568 --> 00:07:20,961
Abandoned our church
years ago.
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00:07:20,962 --> 00:07:22,353
His parents live
a few doors down.
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00:07:25,488 --> 00:07:27,271
Thanks.
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00:07:27,272 --> 00:07:29,361
All right. Thank you.
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00:07:30,972 --> 00:07:32,799
Murder?
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00:07:32,800 --> 00:07:34,801
I can't believe it.
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00:07:37,021 --> 00:07:40,720
I told him it was
dangerous out there.
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He--he never should have left.
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00:07:44,246 --> 00:07:46,508
But there was
no talking to him.
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He wanted something different,
something more.
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00:07:49,991 --> 00:07:52,427
Please sit.
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00:07:52,428 --> 00:07:55,299
Uh...
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00:07:55,300 --> 00:08:00,348
when he was, um, about 17,
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00:08:00,349 --> 00:08:03,351
he turned defiant,
hated our sheltered ways.
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00:08:03,352 --> 00:08:09,052
See, we don't use phones,
email, or the Internet.
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00:08:09,053 --> 00:08:13,492
- Because they're...
- Evil? No.
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00:08:13,493 --> 00:08:15,494
There are only
a couple hundred of us,
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00:08:15,495 --> 00:08:18,366
but we value being present
for each other.
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A gadget that weakens
our community bonds?
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00:08:21,022 --> 00:08:23,154
No, thank you.
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00:08:24,504 --> 00:08:25,591
But Eli?
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00:08:25,592 --> 00:08:28,507
He was a curious,
passionate boy.
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When the time came,
he refused his baptism,
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so the church
asked Eli to leave.
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We hadn't spoken to him since.
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We were forbidden.
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00:08:41,216 --> 00:08:42,391
I'm very sorry.
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00:08:43,871 --> 00:08:47,090
We believe that your son
was with another member
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00:08:47,091 --> 00:08:49,092
of the church on the night
that he died.
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00:08:49,093 --> 00:08:52,400
Martha Fairchild.
Do you have any idea why?
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00:08:52,401 --> 00:08:54,750
Martha told us
she ran into him last year
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00:08:54,751 --> 00:08:57,405
in the city
for her volunteer work,
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00:08:57,406 --> 00:08:59,581
said he'd changed his name,
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00:08:59,582 --> 00:09:01,888
but she wouldn't
have seen him again.
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00:09:01,889 --> 00:09:04,891
Communication with those
who leave the church,
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00:09:04,892 --> 00:09:06,893
it's not done.
190
00:09:06,894 --> 00:09:10,723
And Martha is practically
the pastor's daughter-in-law.
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00:09:10,724 --> 00:09:16,120
If she saw him, it must have
been something very urgent.
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00:09:18,296 --> 00:09:20,907
Where can we find Martha?
193
00:09:20,908 --> 00:09:23,563
You saw Eli a few nights ago?
194
00:09:26,653 --> 00:09:29,219
I help to rehabilitate men
released from prison
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00:09:29,220 --> 00:09:31,265
living at Pathway Forward.
196
00:09:31,266 --> 00:09:33,136
When I bumped into Eli,
he told me
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00:09:33,137 --> 00:09:35,574
he'd gone to law school,
so I asked him
198
00:09:35,575 --> 00:09:37,097
if he could help me
with some paperwork
199
00:09:37,098 --> 00:09:38,838
for one of my parolees.
200
00:09:38,839 --> 00:09:41,231
He was helping me ever since.
201
00:09:41,232 --> 00:09:44,017
You guys had dinner
Thursday, right?
202
00:09:44,018 --> 00:09:45,932
To talk about the case.
203
00:09:45,933 --> 00:09:48,761
Then Eli walked me back
to Pathway Forward.
204
00:09:48,762 --> 00:09:53,504
- What time was that?
- It had to have been 7:45.
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00:09:53,505 --> 00:09:56,116
I had to turn in the
parole termination petition
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00:09:56,117 --> 00:09:57,726
and talk to the case manager.
207
00:09:57,727 --> 00:10:00,729
And Eli went home
to prepare for a work meeting
208
00:10:00,730 --> 00:10:02,644
the next morning.
209
00:10:02,645 --> 00:10:04,733
By 8:00,
I raced to catch the bus.
210
00:10:04,734 --> 00:10:07,215
I always meet my fiancé
at a set time.
211
00:10:08,912 --> 00:10:10,652
We'll look into that.
212
00:10:10,653 --> 00:10:15,439
In the meantime, if you can
think of anything else.
213
00:10:15,440 --> 00:10:18,573
I wouldn't be able
to call you, Detective.
214
00:10:18,574 --> 00:10:20,924
We're not allowed
to use phones here.
215
00:10:28,149 --> 00:10:29,497
I don't know.
216
00:10:29,498 --> 00:10:32,413
No Internet thing
sounds kind of nice.
217
00:10:32,414 --> 00:10:34,807
No texts, no emails,
no social media.
218
00:10:34,808 --> 00:10:35,808
Yeah.
219
00:10:35,809 --> 00:10:36,896
I mean,
my kids would run away
220
00:10:36,897 --> 00:10:38,593
and never speak to me again,
but--
221
00:10:38,594 --> 00:10:41,814
Yeah, I get it.
222
00:10:41,815 --> 00:10:45,339
The simple life thing
seems pretty appealing
223
00:10:45,340 --> 00:10:47,472
for about a minute...
224
00:10:49,953 --> 00:10:51,868
Maybe two minutes.
225
00:10:54,741 --> 00:10:56,306
Hey.
226
00:10:56,307 --> 00:10:59,353
Pathway Forward
finally got us that video.
227
00:10:59,354 --> 00:11:01,660
Let's see if Martha's story
checks out.
228
00:11:01,661 --> 00:11:03,357
There she is with Eli.
229
00:11:03,358 --> 00:11:05,576
She goes inside,
230
00:11:05,577 --> 00:11:07,187
and he goes down the street.
231
00:11:07,188 --> 00:11:09,537
That guy sitting
on the stoop,
232
00:11:09,538 --> 00:11:12,235
it looks like he makes sure
she was inside.
233
00:11:12,236 --> 00:11:14,629
And then he--
- Chases our vic.
234
00:11:14,630 --> 00:11:16,849
Yeah, and then they get
into it on the street.
235
00:11:16,850 --> 00:11:18,067
Run his face.
236
00:11:23,726 --> 00:11:26,336
Marcus Wright,
did 17 in Fishkill
237
00:11:26,337 --> 00:11:28,556
for bludgeoning his girlfriend.
- All right.
238
00:11:28,557 --> 00:11:31,690
Call his parole officer
and find out where he is.
239
00:11:31,691 --> 00:11:33,300
Yeah.
240
00:11:41,918 --> 00:11:43,266
Hey.
241
00:11:43,267 --> 00:11:46,313
We're looking for
Marcus Wright.
242
00:11:46,314 --> 00:11:48,315
Over there.
243
00:11:48,316 --> 00:11:50,056
Stay put.
244
00:11:56,498 --> 00:12:00,458
Marcus Wright,
got a few questions for you.
245
00:12:02,678 --> 00:12:04,723
You don't need that
to talk, do you?
246
00:12:04,724 --> 00:12:08,074
Hey, I'm--
I'm a new man, officers.
247
00:12:08,075 --> 00:12:09,685
How can I help you?
248
00:12:14,516 --> 00:12:16,691
Eli is dead?
249
00:12:16,692 --> 00:12:19,172
You think I killed him?
250
00:12:19,173 --> 00:12:20,608
Because I'm an ex-con?
251
00:12:20,609 --> 00:12:22,915
That and we got video of you
arguing with the guy
252
00:12:22,916 --> 00:12:24,307
right before he died.
253
00:12:24,308 --> 00:12:26,048
He and Martha
were helping me,
254
00:12:26,049 --> 00:12:27,789
which is more than I could say
for anyone in your system.
255
00:12:27,790 --> 00:12:30,487
All you guys did was lock me up
and leave me to fester.
256
00:12:30,488 --> 00:12:33,490
- You killed your girl, Marcus.
- Yeah, I did.
257
00:12:33,491 --> 00:12:35,492
I was a different man
back then.
258
00:12:35,493 --> 00:12:37,668
Martha's church group
believes in me.
259
00:12:37,669 --> 00:12:41,063
I mean, that young lady
has been my lifeline.
260
00:12:41,064 --> 00:12:43,370
She gives me purpose.
261
00:12:43,371 --> 00:12:44,632
She even helped me
get this lawyer.
262
00:12:44,633 --> 00:12:47,287
Why--why would I hurt him?
- Great question.
263
00:12:47,288 --> 00:12:50,812
But you did chase the lawyer,
and it did get heated,
264
00:12:50,813 --> 00:12:55,077
and that doesn't seem like
gratitude to me, my friend.
265
00:12:55,078 --> 00:12:57,471
I was worked up. All right?
266
00:12:57,472 --> 00:12:59,560
He filed a petition
without asking me
267
00:12:59,561 --> 00:13:02,302
for early termination
of my parole supervision.
268
00:13:02,303 --> 00:13:03,825
The problem is,
my petition could
269
00:13:03,826 --> 00:13:06,175
still be denied because
the system is such a mess.
270
00:13:06,176 --> 00:13:09,918
I just wanted an explanation.
- So you what?
271
00:13:09,919 --> 00:13:12,312
So I peeled off
on 59th and 9th
272
00:13:12,313 --> 00:13:14,967
on my way to
my evening custodial job.
273
00:13:14,968 --> 00:13:17,360
I called Martha.
- At Pathway Forward?
274
00:13:17,361 --> 00:13:18,971
No, her cell phone.
275
00:13:18,972 --> 00:13:20,537
But I couldn't reach her.
- Wait, hold on.
276
00:13:20,538 --> 00:13:21,887
Stop, stop, stop.
277
00:13:21,888 --> 00:13:25,673
You're telling me
Martha has a cell phone?
278
00:13:25,674 --> 00:13:27,283
Yeah, I mean,
her church group
279
00:13:27,284 --> 00:13:28,632
has something against it,
280
00:13:28,633 --> 00:13:30,069
but a few months back,
she'd come to me
281
00:13:30,070 --> 00:13:32,811
and asked me
if I could get her one.
282
00:13:32,812 --> 00:13:34,856
She said that it was important,
so I got her a burner.
283
00:13:43,170 --> 00:13:45,519
Wright's evening supervisor
confirmed his alibi.
284
00:13:45,520 --> 00:13:47,434
He worked the 8:00
to midnight shift,
285
00:13:47,435 --> 00:13:49,218
so not our guy.
286
00:13:49,219 --> 00:13:51,177
The store that Wright
bought Martha's burner phone at
287
00:13:51,178 --> 00:13:54,180
gave me the EIN
and confirmed the number.
288
00:13:54,181 --> 00:13:56,269
Remember all those
untraceable phone calls
289
00:13:56,270 --> 00:13:59,272
to the vic's phone log?
290
00:13:59,273 --> 00:14:00,621
Martha?
291
00:14:00,622 --> 00:14:03,015
All hours and late hours.
292
00:14:03,016 --> 00:14:05,800
That's a lot of talk
about parolee petitions.
293
00:14:14,897 --> 00:14:17,594
Martha.
294
00:14:17,595 --> 00:14:19,074
You lied to us.
295
00:14:19,075 --> 00:14:20,249
Yeah, you left out the part
about the burner phone
296
00:14:20,250 --> 00:14:22,164
you used to call Eli,
didn't you?
297
00:14:22,165 --> 00:14:23,513
And on our way here,
we stopped by
298
00:14:23,514 --> 00:14:25,211
the county hospital,
checked the records room.
299
00:14:25,212 --> 00:14:28,040
Your blood type's AB negative.
- Yeah.
300
00:14:28,041 --> 00:14:30,042
And guess what blood type
matches the hairs
301
00:14:30,043 --> 00:14:31,652
found on Eli's clothing
302
00:14:31,653 --> 00:14:34,133
the night of the murder
and in the kitchen?
303
00:14:34,134 --> 00:14:36,570
AB negative.
- I'm not feeling well.
304
00:14:36,571 --> 00:14:39,225
Did you go to Eli's house
that night instead of the bus?
305
00:14:39,226 --> 00:14:42,228
Is that what happened?
- I'm engaged to Jake.
306
00:14:42,229 --> 00:14:43,925
I don't spend time
with other men.
307
00:14:43,926 --> 00:14:45,535
Please, people will hear you.
308
00:14:45,536 --> 00:14:47,755
Martha,
if you do not come clean,
309
00:14:47,756 --> 00:14:50,627
there will be consequences.
Do you understand that?
310
00:14:50,628 --> 00:14:52,586
I don't like
the questions you're asking.
311
00:14:52,587 --> 00:14:56,068
I'd like you to go now.
- It doesn't work that way.
312
00:14:58,071 --> 00:14:59,941
Martha, stop.
313
00:15:05,513 --> 00:15:08,211
We need an ambulance at the
Baylor Church immediately.
314
00:15:10,170 --> 00:15:11,866
Good news is that
the paramedics said
315
00:15:11,867 --> 00:15:12,998
that Martha is gonna be fine.
316
00:15:12,999 --> 00:15:15,043
Bad news--
well, at least for her--
317
00:15:15,044 --> 00:15:16,958
we pulled her prints
off of the soda can,
318
00:15:16,959 --> 00:15:19,047
and they are all over
the apartment.
319
00:15:19,048 --> 00:15:23,660
I'm talking bathroom,
nightstand, headboard.
320
00:15:23,661 --> 00:15:27,577
Okay, so maybe it started
with Eli doing legal work,
321
00:15:27,578 --> 00:15:29,797
and then they got close,
and then they got too close,
322
00:15:29,798 --> 00:15:33,105
and then Martha lost
her good girl senses,
323
00:15:33,106 --> 00:15:35,411
but ultimately fears
the wrath of God,
324
00:15:35,412 --> 00:15:37,805
so she goes to Eli's
apartment to end it.
325
00:15:37,806 --> 00:15:40,808
And then he threatens
to tell the church.
326
00:15:40,809 --> 00:15:43,463
I got the video back from
the bus stop near the church.
327
00:15:43,464 --> 00:15:45,639
Looks like Martha's alibi
holds up.
328
00:15:45,640 --> 00:15:47,423
There she is getting off
the 8:00 p.m. bus.
329
00:15:47,424 --> 00:15:49,817
All right,
back to square one.
330
00:15:49,818 --> 00:15:51,297
Wait a minute. Hold on now.
331
00:15:51,298 --> 00:15:53,821
Didn't Martha say
that her fiancé
332
00:15:53,822 --> 00:15:55,301
picks her up at the bus stop?
333
00:15:55,302 --> 00:15:57,999
- Yeah.
- Well, keep looking.
334
00:15:58,000 --> 00:15:59,566
I mean, who's she looking for?
335
00:15:59,567 --> 00:16:02,917
She's looking up and down,
left and right, for somebody.
336
00:16:02,918 --> 00:16:04,919
And then she walks off alone.
337
00:16:04,920 --> 00:16:06,442
Hmm.
338
00:16:06,443 --> 00:16:09,054
Maybe Jake found out
about the affair,
339
00:16:09,055 --> 00:16:10,794
went into the city on his own?
340
00:16:13,711 --> 00:16:15,669
Bring them both in.
341
00:16:18,499 --> 00:16:22,719
I was raised to obey the rules.
342
00:16:22,720 --> 00:16:27,333
My parents were very strict,
and I remember how hard it was
343
00:16:27,334 --> 00:16:31,338
to always have to be
the good girl...
344
00:16:33,079 --> 00:16:36,343
Resist things you wanted.
345
00:16:39,085 --> 00:16:41,261
When did you fall
in love with Eli?
346
00:16:44,742 --> 00:16:46,700
I mean, her fingerprints
are all over that apartment.
347
00:16:46,701 --> 00:16:48,180
All over.
348
00:16:48,181 --> 00:16:49,833
Which kind of makes it seem
like maybe she did it.
349
00:16:49,834 --> 00:16:51,052
- That's ridiculous.
- Is it?
350
00:16:51,053 --> 00:16:52,314
Maybe you can help us out
351
00:16:52,315 --> 00:16:53,794
because we're trying
to figure out exactly
352
00:16:53,795 --> 00:16:57,364
why her fingerprints would be
all over his apartment.
353
00:16:58,626 --> 00:16:59,626
Unless...
354
00:16:59,627 --> 00:17:00,583
Yeah,
I can think of one thing.
355
00:17:00,584 --> 00:17:01,715
Affair.
356
00:17:01,716 --> 00:17:02,933
That's exactly
what I was thinking.
357
00:17:02,934 --> 00:17:04,500
This guy ditches your church.
358
00:17:04,501 --> 00:17:07,025
He steals your girl.
- Stop.
359
00:17:07,026 --> 00:17:11,551
Your childhood friend was
living this wildly free life.
360
00:17:11,552 --> 00:17:14,728
He took a huge risk,
started over in New York City.
361
00:17:14,729 --> 00:17:16,557
I'm sure he swept you
off your feet.
362
00:17:18,689 --> 00:17:20,908
I prayed.
363
00:17:20,909 --> 00:17:22,258
For what?
364
00:17:25,435 --> 00:17:31,049
To not be in love,
to not feel so...
365
00:17:31,050 --> 00:17:35,227
so happy, so alive with him,
but it wouldn't stop.
366
00:17:35,228 --> 00:17:36,881
And Jake found out about it.
367
00:17:38,753 --> 00:17:40,928
It's actually starting
to look like you got motive.
368
00:17:40,929 --> 00:17:43,583
In the first degree.
369
00:17:43,584 --> 00:17:48,022
So Jake realized
you were seeing Eli?
370
00:17:48,023 --> 00:17:49,589
No, I was careful.
371
00:17:49,590 --> 00:17:53,984
Because what you did, Martha,
would make a man jealous.
372
00:17:53,985 --> 00:17:55,290
Jake's not like that.
373
00:17:55,291 --> 00:17:58,772
Even pastors' sons are human.
374
00:17:58,773 --> 00:18:00,643
He wasn't there when you
got off the bus on Thursday,
375
00:18:00,644 --> 00:18:02,428
was he?
376
00:18:02,429 --> 00:18:04,430
So where were you
Thursday night, Jake?
377
00:18:04,431 --> 00:18:06,475
- Home.
- Really?
378
00:18:06,476 --> 00:18:09,043
'Cause you didn't pick up
Martha from the bus.
379
00:18:09,044 --> 00:18:10,784
- We saw the video.
- Yeah.
380
00:18:10,785 --> 00:18:13,787
So, you know, the bus stop
has surveillance cameras.
381
00:18:13,788 --> 00:18:15,528
And we watched that,
and it proves
382
00:18:15,529 --> 00:18:18,835
that you were a no-show,
so tell us what's going on.
383
00:18:18,836 --> 00:18:21,273
I think he found out
about you and Eli,
384
00:18:21,274 --> 00:18:24,014
and he went into the city.
- No.
385
00:18:28,150 --> 00:18:30,804
I was late.
386
00:18:30,805 --> 00:18:33,503
I picked her up a ways
down the road.
387
00:18:37,725 --> 00:18:39,292
Okay.
388
00:18:58,137 --> 00:19:00,964
She's a good kid that
set a bad thing in motion.
389
00:19:00,965 --> 00:19:02,879
And she's covering
for Jake out of guilt.
390
00:19:02,880 --> 00:19:05,882
I don't know if we're gonna be
able to make her cave.
391
00:19:05,883 --> 00:19:08,189
These two are so sheltered,
they don't even realize
392
00:19:08,190 --> 00:19:09,887
the magic of two-way glass.
393
00:19:23,074 --> 00:19:25,337
Are you okay?
394
00:19:25,338 --> 00:19:28,166
Um, I'm so sorry
about all of this.
395
00:19:28,167 --> 00:19:29,384
We messed up.
396
00:19:29,385 --> 00:19:31,517
I apologize,
but these things happen.
397
00:19:31,518 --> 00:19:33,823
We know that you two
weren't involved,
398
00:19:33,824 --> 00:19:35,825
and you'll be free to go
in a moment,
399
00:19:35,826 --> 00:19:37,566
so just sit tight.
400
00:19:37,567 --> 00:19:43,703
Oh, um, you know
Marcus Wright, correct?
401
00:19:43,704 --> 00:19:46,575
Yes, I've been helping him.
Why?
402
00:19:46,576 --> 00:19:49,361
Unfortunately,
he followed Eli home
403
00:19:49,362 --> 00:19:52,799
on Thursday and killed him.
- Marcus?
404
00:19:52,800 --> 00:19:55,062
That's not possible.
He's reformed.
405
00:19:55,063 --> 00:19:56,629
Evidence is evidence.
406
00:19:56,630 --> 00:19:58,544
We're launching a manhunt
as I speak.
407
00:19:58,545 --> 00:20:01,460
I just--I hope
he doesn't resist because,
408
00:20:01,461 --> 00:20:04,420
you know, things get messy
when they resist.
409
00:20:06,640 --> 00:20:08,597
We can't let them
arrest Marcus.
410
00:20:08,598 --> 00:20:11,383
Martha, Martha, sit. Sit.
411
00:20:11,384 --> 00:20:15,300
Hey, we'll find
some way to help him.
412
00:20:15,301 --> 00:20:17,781
Let's pray for guidance.
413
00:20:22,264 --> 00:20:25,005
But you know
he didn't do this.
414
00:20:25,006 --> 00:20:27,486
- Martha.
- You weren't at the bus stop.
415
00:20:27,487 --> 00:20:30,793
Jacob, how could you?
- I found your phone.
416
00:20:30,794 --> 00:20:35,320
You betrayed me,
defied our church.
417
00:20:35,321 --> 00:20:39,367
And so, yes, I went to see him.
418
00:20:39,368 --> 00:20:41,761
I told him to leave you alone.
419
00:20:41,762 --> 00:20:44,111
But Eli said that
you two were in love...
420
00:20:44,112 --> 00:20:45,634
No, no.
421
00:20:45,635 --> 00:20:48,202
And that you were gonna
leave me and leave the church.
422
00:20:48,203 --> 00:20:49,682
I told him
that wasn't possible,
423
00:20:49,683 --> 00:20:51,901
but he said that
you'd been scared,
424
00:20:51,902 --> 00:20:55,078
but you'd finally decided
and made preparations,
425
00:20:55,079 --> 00:20:57,124
and I, uh...
426
00:21:03,262 --> 00:21:07,309
I lost my mind.
427
00:21:10,312 --> 00:21:12,401
I raised my hand against him.
428
00:21:19,843 --> 00:21:22,716
- Jacob Albrecht, on your feet.
- What are you doing?
429
00:21:25,719 --> 00:21:27,459
Get up.
430
00:21:27,460 --> 00:21:28,938
Whoa, whoa, whoa.
431
00:21:28,939 --> 00:21:31,332
You're under arrest
for the murder of Eli Freeman.
432
00:21:31,333 --> 00:21:34,814
Was it true?
Were you in love with him?
433
00:21:34,815 --> 00:21:37,077
No, it--
434
00:21:37,078 --> 00:21:38,862
Come on. Move.
435
00:21:46,609 --> 00:21:48,480
Calling docket
ending in 1638,
436
00:21:48,481 --> 00:21:50,351
People v. Jacob Albrecht.
437
00:21:50,352 --> 00:21:52,527
Charge is murder
in the second degree.
438
00:21:52,528 --> 00:21:55,313
- How does the defendant plead?
- Not guilty, Your Honor.
439
00:21:55,314 --> 00:21:56,966
Your thoughts on bail,
Ms. Maroun?
440
00:21:56,967 --> 00:21:58,359
The people seek remand.
441
00:21:58,360 --> 00:22:01,362
The defendant bashed in
the skull of a man
442
00:22:01,363 --> 00:22:03,408
having an affair
with his fiancée.
443
00:22:03,409 --> 00:22:05,540
The defendant lives
outside of New York City,
444
00:22:05,541 --> 00:22:09,109
but went to great lengths
to track the victim down,
445
00:22:09,110 --> 00:22:10,502
then kill him.
446
00:22:10,503 --> 00:22:12,199
Police have
a recorded admission.
447
00:22:12,200 --> 00:22:14,332
They also found boots
in his home
448
00:22:14,333 --> 00:22:17,204
that had glass fragments
from the crime scene
449
00:22:17,205 --> 00:22:18,684
stuck to the soles.
450
00:22:18,685 --> 00:22:21,339
Your Honor, my client lives
in a small,
451
00:22:21,340 --> 00:22:23,950
conservative,
religious community upstate.
452
00:22:23,951 --> 00:22:26,866
He has no access
to computers or telephones
453
00:22:26,867 --> 00:22:28,346
to make travel arrangements.
454
00:22:28,347 --> 00:22:32,262
He is the furthest thing
from a flight risk.
455
00:22:32,263 --> 00:22:34,439
Bail is set at 500,000.
456
00:22:39,096 --> 00:22:42,795
Ms. Maroun,
we're Eli's parents.
457
00:22:42,796 --> 00:22:44,971
Is it true Jacob confessed?
458
00:22:44,972 --> 00:22:46,799
You're sure?
459
00:22:46,800 --> 00:22:49,062
Well, we have it on video.
460
00:22:49,063 --> 00:22:51,325
I can't believe that he--
461
00:22:51,326 --> 00:22:54,502
we don't hurt other people.
That's not who we are.
462
00:22:54,503 --> 00:22:57,636
We lost Eli years ago,
but at least we knew
463
00:22:57,637 --> 00:22:59,420
he was living the life
that he wanted.
464
00:22:59,421 --> 00:23:00,682
We never thought
that he would--
465
00:23:00,683 --> 00:23:02,075
- How dare Jacob.
- Amelia.
466
00:23:02,076 --> 00:23:03,381
- How dare he?
- Amelia, calm down.
467
00:23:03,382 --> 00:23:05,121
And to think I saw him
that night,
468
00:23:05,122 --> 00:23:07,820
Jacob at the brush pile,
burning something.
469
00:23:07,821 --> 00:23:10,518
- What time?
- Late.
470
00:23:10,519 --> 00:23:12,912
I was asleep, but smelled smoke
and looked out.
471
00:23:12,913 --> 00:23:14,435
What was he burning?
472
00:23:14,436 --> 00:23:16,698
It looked like fabric,
clothing,
473
00:23:16,699 --> 00:23:19,092
maybe a scarf, a jacket.
474
00:23:19,093 --> 00:23:22,748
It was strange, but I had
no reason to think that--
475
00:23:22,749 --> 00:23:28,623
did those things have
my son's blood on them?
476
00:23:28,624 --> 00:23:30,973
It's okay.
You--you didn't know.
477
00:23:30,974 --> 00:23:33,628
You didn't know.
478
00:23:33,629 --> 00:23:36,370
But you can tell the jury
what you saw.
479
00:23:36,371 --> 00:23:39,504
You can hold Jacob accountable.
480
00:23:42,203 --> 00:23:44,987
I'm so sorry for your loss.
481
00:23:44,988 --> 00:23:48,427
We will do everything we can
to get justice for your son.
482
00:23:51,604 --> 00:23:55,041
Ms. Maroun, motion to
suppress the confession.
483
00:24:01,483 --> 00:24:03,832
The defendant is a minister?
484
00:24:03,833 --> 00:24:06,487
An ordained minister
in the Baylor Church.
485
00:24:06,488 --> 00:24:08,489
Yet police recorded
his protected
486
00:24:08,490 --> 00:24:10,796
and privileged conversation
with his parishioner.
487
00:24:10,797 --> 00:24:14,277
This conversation took place
in a police interrogation room,
488
00:24:14,278 --> 00:24:17,498
and the defendant was speaking
to her as her boyfriend.
489
00:24:17,499 --> 00:24:20,327
The conversation began with
a parishioner seeking counsel.
490
00:24:20,328 --> 00:24:22,938
My client, her minister,
guided her in prayer,
491
00:24:22,939 --> 00:24:24,462
at which point,
the conversation,
492
00:24:24,463 --> 00:24:26,159
every side of it,
every word of it,
493
00:24:26,160 --> 00:24:27,508
was off-limits to police.
494
00:24:27,509 --> 00:24:29,031
In Mockaitas
versus Harcleroad--
495
00:24:29,032 --> 00:24:30,468
Now, that is a federal case.
496
00:24:30,469 --> 00:24:32,121
It has no bearing
on this matter.
497
00:24:32,122 --> 00:24:35,647
Whether it does or doesn't,
I'm excluding the admission.
498
00:24:35,648 --> 00:24:38,258
I don't want to impede
free communications
499
00:24:38,259 --> 00:24:41,087
between those
seeking religious counsel.
500
00:24:41,088 --> 00:24:43,177
End of story.
501
00:24:47,094 --> 00:24:48,877
Can we win
without the confession?
502
00:24:48,878 --> 00:24:50,662
It's not a slam dunk.
503
00:24:50,663 --> 00:24:53,708
We're going after
a minister with a few pieces
504
00:24:53,709 --> 00:24:56,537
of suggestive forensic evidence
to tie him to the crime scene.
505
00:24:56,538 --> 00:24:58,408
- Do we have fingerprints?
- Nope. It was cold.
506
00:24:58,409 --> 00:25:00,236
He was probably wearing gloves.
507
00:25:00,237 --> 00:25:01,499
Can we put him
near the victim's home
508
00:25:01,500 --> 00:25:03,196
at the time of the murder?
509
00:25:03,197 --> 00:25:04,676
We're trying,
but like I said,
510
00:25:04,677 --> 00:25:05,981
it was a cold night.
511
00:25:05,982 --> 00:25:07,679
Everyone was wrapped up
in hats and scarves,
512
00:25:07,680 --> 00:25:09,724
so we don't have
any obvious video of him
513
00:25:09,725 --> 00:25:11,247
near the victim's building.
514
00:25:11,248 --> 00:25:14,337
We do have trace evidence
on the defendant's shoes
515
00:25:14,338 --> 00:25:16,078
that matches the glass shards
516
00:25:16,079 --> 00:25:18,254
that were found
at the crime scene.
517
00:25:18,255 --> 00:25:20,561
And we also have records
of Martha's
518
00:25:20,562 --> 00:25:22,171
late night calls to the victim.
519
00:25:22,172 --> 00:25:25,174
Plus, police found her phone
in Jacob's house,
520
00:25:25,175 --> 00:25:26,611
so we certainly have motive.
521
00:25:26,612 --> 00:25:28,961
And a video
from the bus stop will prove
522
00:25:28,962 --> 00:25:31,180
that the defendant
wasn't there to pick up Martha
523
00:25:31,181 --> 00:25:32,355
on the night of the murder.
524
00:25:32,356 --> 00:25:33,748
Right,
and the victim's mother
525
00:25:33,749 --> 00:25:35,358
will testify that she saw
the defendant
526
00:25:35,359 --> 00:25:37,230
burning clothing
later that night.
527
00:25:37,231 --> 00:25:39,711
So our case is good,
not great?
528
00:25:39,712 --> 00:25:41,930
We sure we wanna stick
with murder two?
529
00:25:41,931 --> 00:25:44,454
Well, Jacob Albrecht
killed an innocent man,
530
00:25:44,455 --> 00:25:47,414
I mean, someone who gave up
everything to be free,
531
00:25:47,415 --> 00:25:49,155
to live the life
that he wanted.
532
00:25:49,156 --> 00:25:51,592
I agree.
This is murder, Nick.
533
00:25:51,593 --> 00:25:53,333
Well,
the judge may have ruled
534
00:25:53,334 --> 00:25:55,422
that the recording of the
confession is inadmissible,
535
00:25:55,423 --> 00:25:56,945
but since Martha's
the parishioner,
536
00:25:56,946 --> 00:25:59,165
she can still speak
to what Jacob told her.
537
00:25:59,166 --> 00:26:01,341
Let's persuade her to testify.
538
00:26:01,342 --> 00:26:04,300
Put the screws to her
if necessary.
539
00:26:04,301 --> 00:26:07,434
No, I don't want to do that.
540
00:26:07,435 --> 00:26:11,046
Well, he killed the man
that you loved, Martha.
541
00:26:11,047 --> 00:26:14,572
- That's not true.
- What part?
542
00:26:14,573 --> 00:26:17,357
I love Jake, always have.
543
00:26:17,358 --> 00:26:20,621
Now, that may be true,
but he killed Eli.
544
00:26:20,622 --> 00:26:23,842
Not only that, he admitted
to you that he killed Eli.
545
00:26:23,843 --> 00:26:28,150
We need you to tell
the jury what he told you.
546
00:26:28,151 --> 00:26:30,805
I can't send the man
I love to prison.
547
00:26:30,806 --> 00:26:33,591
He's all I have.
This community is all I have.
548
00:26:33,592 --> 00:26:37,507
It might be
all you have right now,
549
00:26:37,508 --> 00:26:40,599
but it seems to me that
you wanted something else.
550
00:26:43,079 --> 00:26:45,472
If I testify
against my fiancé,
551
00:26:45,473 --> 00:26:48,214
the pastor's son,
to get justice for a man
552
00:26:48,215 --> 00:26:50,477
who turned his back
on this whole church,
553
00:26:50,478 --> 00:26:53,959
I'd be shunned. And then what?
554
00:26:53,960 --> 00:26:55,482
I can't drive.
555
00:26:55,483 --> 00:26:57,615
I don't know
how to use a computer.
556
00:26:57,616 --> 00:26:59,573
How do I support myself?
What happens to me?
557
00:26:59,574 --> 00:27:03,751
I know this is difficult,
but you know,
558
00:27:03,752 --> 00:27:04,796
we can subpoena you.
559
00:27:04,797 --> 00:27:07,755
We can force you
to take the stand.
560
00:27:07,756 --> 00:27:10,192
No, you all tricked me once
at the police station,
561
00:27:10,193 --> 00:27:11,803
but I won't let that
happen again.
562
00:27:11,804 --> 00:27:14,415
You won't get me to utter
another word on this matter.
563
00:27:24,643 --> 00:27:27,775
Mrs. Penner,
thank you for coming today.
564
00:27:27,776 --> 00:27:29,472
Where do you live?
565
00:27:29,473 --> 00:27:31,344
The Baylor Church compound.
566
00:27:31,345 --> 00:27:33,868
Do you know the defendant,
Jacob Albrecht?
567
00:27:33,869 --> 00:27:35,609
Yes.
568
00:27:35,610 --> 00:27:39,265
Can you tell the court
the night of December 5th,
569
00:27:39,266 --> 00:27:42,834
in the hours after your son
was killed, here in the city,
570
00:27:42,835 --> 00:27:46,533
did you observe the defendant
at the church compound?
571
00:27:46,534 --> 00:27:48,927
- Yes.
- Around what time?
572
00:27:48,928 --> 00:27:50,972
It was dark, past sunset.
573
00:27:50,973 --> 00:27:54,890
And what specifically
was he doing?
574
00:27:59,765 --> 00:28:03,550
Nothing specific
that I recall.
575
00:28:03,551 --> 00:28:06,771
Did you see him
burning anything?
576
00:28:14,562 --> 00:28:16,084
No.
577
00:28:22,483 --> 00:28:24,658
Didn't--
578
00:28:24,659 --> 00:28:27,574
didn't you tell
the district attorney's office
579
00:28:27,575 --> 00:28:29,619
that you witnessed
the defendant burning items
580
00:28:29,620 --> 00:28:31,360
that appeared to be clothing?
581
00:28:31,361 --> 00:28:34,755
- Objection, argumentative.
- I'll allow.
582
00:28:34,756 --> 00:28:38,933
Answer the question,
Mrs. Penner.
583
00:28:38,934 --> 00:28:40,283
I can't.
584
00:28:42,329 --> 00:28:45,505
I won't.
585
00:28:45,506 --> 00:28:49,466
I will not sit in judgment.
586
00:28:52,992 --> 00:28:54,470
And neither should you.
587
00:28:59,346 --> 00:29:02,609
I will not participate
in this trial,
588
00:29:02,610 --> 00:29:05,699
nor will anyone else
from our church.
589
00:29:05,700 --> 00:29:10,835
And that is the whole truth,
so help me God.
590
00:29:30,333 --> 00:29:32,030
So the victim's mother
was planning to help us?
591
00:29:32,031 --> 00:29:33,379
She was on board?
592
00:29:33,380 --> 00:29:34,859
Yes, she volunteered
to tell the court
593
00:29:34,860 --> 00:29:36,164
what she saw that night.
594
00:29:36,165 --> 00:29:37,862
And we went over it
all in prep--
595
00:29:37,863 --> 00:29:39,559
I mean, not even
a hint of doubt.
596
00:29:39,560 --> 00:29:41,343
Which means
someone got to her.
597
00:29:41,344 --> 00:29:44,477
Someone changed her mind.
Makes sense, I suppose.
598
00:29:44,478 --> 00:29:47,436
These people are--
they live by their own rules,
599
00:29:47,437 --> 00:29:50,265
their own customs.
They're circling the wagons.
600
00:29:50,266 --> 00:29:51,397
They don't want
outsiders to sit
601
00:29:51,398 --> 00:29:53,616
in judgment of their people.
602
00:29:53,617 --> 00:29:56,184
And crazy as it sounds,
she's trying to protect Jacob,
603
00:29:56,185 --> 00:29:58,099
regardless of the fact
that he killed her own son.
604
00:29:58,100 --> 00:29:59,274
That's not
circling the wagons.
605
00:29:59,275 --> 00:30:01,059
That's obstruction of justice.
606
00:30:01,060 --> 00:30:03,278
Suzanne, hey. Sorry.
607
00:30:03,279 --> 00:30:05,454
I'm running a few minutes
late for our lunch.
608
00:30:05,455 --> 00:30:07,717
Nolan, Sam,
this is Suzanne Forrester,
609
00:30:07,718 --> 00:30:09,676
head of Alternative Justice
in New York.
610
00:30:09,677 --> 00:30:11,330
We're just wrapping up.
611
00:30:11,331 --> 00:30:13,636
Well, maybe they could stick
around for a few minutes.
612
00:30:13,637 --> 00:30:17,640
I know you're trying to put
Jacob Albrecht behind bars,
613
00:30:17,641 --> 00:30:20,514
but I have a better idea.
614
00:30:22,603 --> 00:30:24,909
The Baylor Church
would like to initiate
615
00:30:24,910 --> 00:30:26,649
a restorative justice circle.
616
00:30:26,650 --> 00:30:29,087
What exactly
are you talking about?
617
00:30:29,088 --> 00:30:31,176
No trial, no verdict.
618
00:30:31,177 --> 00:30:34,483
This is a space for
collective conversation,
619
00:30:34,484 --> 00:30:37,747
overseen by your office,
to focus on healing.
620
00:30:37,748 --> 00:30:39,271
Whose healing?
621
00:30:39,272 --> 00:30:41,055
Well, the victim's family
have no desire
622
00:30:41,056 --> 00:30:43,884
to see Jacob go to jail.
- Estranged family.
623
00:30:43,885 --> 00:30:45,538
You want a trial?
624
00:30:45,539 --> 00:30:48,497
You won't get a single member
from the community to testify.
625
00:30:48,498 --> 00:30:49,934
Hell, 50 people from the church
626
00:30:49,935 --> 00:30:52,937
just marched into Rikers
with cash and property deeds
627
00:30:52,938 --> 00:30:54,329
to bail out Jacob.
628
00:30:54,330 --> 00:30:56,636
This community
protects its own.
629
00:30:56,637 --> 00:30:58,594
Sounds more like
witness tampering.
630
00:30:58,595 --> 00:31:00,640
You can issue subpoenas
all day long.
631
00:31:00,641 --> 00:31:03,208
Our threats don't hold
any weight with these people.
632
00:31:03,209 --> 00:31:04,862
If I may.
633
00:31:04,863 --> 00:31:06,994
For over 100 years,
our church has forged
634
00:31:06,995 --> 00:31:09,388
a separate way of life.
635
00:31:09,389 --> 00:31:11,912
We trust our own way
to guide us
636
00:31:11,913 --> 00:31:13,392
through this difficult time.
637
00:31:13,393 --> 00:31:15,873
This murder occurred
100 miles from your church
638
00:31:15,874 --> 00:31:17,178
in my jurisdiction.
639
00:31:17,179 --> 00:31:19,398
Jacob is repentant,
and he's prepared to work
640
00:31:19,399 --> 00:31:21,966
in our community
as part of that penance,
641
00:31:21,967 --> 00:31:25,578
restoring homes,
assisting the infirm,
642
00:31:25,579 --> 00:31:27,493
compensating
the victim's parents.
643
00:31:27,494 --> 00:31:29,887
- Well, he is your son.
- We all have our roles.
644
00:31:29,888 --> 00:31:33,151
And Jacob, Jacob is
our resident carpenter.
645
00:31:33,152 --> 00:31:35,109
Losing him impacts all of us.
646
00:31:35,110 --> 00:31:37,372
Why send him to prison
when he can still
647
00:31:37,373 --> 00:31:40,332
do so much for our society?
648
00:31:40,333 --> 00:31:42,421
So what's actually
on the table?
649
00:31:42,422 --> 00:31:45,076
He'll plead to
criminally negligent homicide.
650
00:31:45,077 --> 00:31:46,860
Probation, no jail time.
651
00:31:46,861 --> 00:31:49,428
While you're at it,
why not throw him a parade?
652
00:31:49,429 --> 00:31:52,039
He is a good young man
who lost his way
653
00:31:52,040 --> 00:31:55,042
for five horrible minutes.
654
00:31:55,043 --> 00:31:58,219
He has asked
for our forgiveness
655
00:31:58,220 --> 00:31:59,525
and God's.
656
00:31:59,526 --> 00:32:01,222
That's all well and good,
657
00:32:01,223 --> 00:32:03,746
but you don't get
to forgive the perpetrator
658
00:32:03,747 --> 00:32:06,141
and give him a free pass.
That's not how this works.
659
00:32:08,100 --> 00:32:09,840
This meeting is over.
660
00:32:11,973 --> 00:32:13,887
You're making a mistake.
661
00:32:13,888 --> 00:32:16,803
God isn't just window dressing
for your courtrooms.
662
00:32:16,804 --> 00:32:19,111
He is the court.
663
00:32:21,113 --> 00:32:22,374
We never talked about
664
00:32:22,375 --> 00:32:24,245
restorative justice
for homicide,
665
00:32:24,246 --> 00:32:25,812
and if you wanna bring
a test case
666
00:32:25,813 --> 00:32:28,249
to let someone walk on murder,
it's not gonna be this.
667
00:32:28,250 --> 00:32:30,773
This was a way
for your office to save face,
668
00:32:30,774 --> 00:32:32,427
Nick, not a ploy.
669
00:32:32,428 --> 00:32:35,300
And given the evidence
at this point,
670
00:32:35,301 --> 00:32:37,433
he's probably
gonna walk anyway.
671
00:32:43,048 --> 00:32:46,486
What you have to do
is get me a conviction.
672
00:32:48,531 --> 00:32:54,014
We're grasping at straws here.
673
00:32:54,015 --> 00:32:57,931
The video from the bus stop
will show that Jacob
674
00:32:57,932 --> 00:32:59,324
wasn't there to pick her up.
675
00:32:59,325 --> 00:33:00,847
It's not gonna show
he was in Eli's apartment
676
00:33:00,848 --> 00:33:02,414
committing murder.
677
00:33:02,415 --> 00:33:04,111
The defense is gonna poke holes
678
00:33:04,112 --> 00:33:05,634
in the trace evidence
on his boots.
679
00:33:07,028 --> 00:33:09,508
I'm not even sure we can
credibly establish motive.
680
00:33:09,509 --> 00:33:12,685
And the burner calls and
fingerprints in his apartment?
681
00:33:12,686 --> 00:33:14,469
Defense is gonna chalk it up
to their work
682
00:33:14,470 --> 00:33:15,905
on parole petitioners.
683
00:33:15,906 --> 00:33:19,344
We need something stronger
to at least show
684
00:33:19,345 --> 00:33:21,694
that Jacob had a reason
to kill Eli Freeman.
685
00:33:21,695 --> 00:33:24,218
Wait, Nolan?
686
00:33:24,219 --> 00:33:26,612
I'm looking at
the victim's call records.
687
00:33:26,613 --> 00:33:28,440
It looks like a week
before the murder,
688
00:33:28,441 --> 00:33:31,095
he called Hedgebrook Health.
689
00:33:31,096 --> 00:33:32,879
That's a women's clinic.
690
00:33:35,143 --> 00:33:38,580
Well, what was the date?
691
00:33:38,581 --> 00:33:42,280
Let's see if he made
a payment for an appointment.
692
00:33:42,281 --> 00:33:44,717
Hold on.
693
00:33:44,718 --> 00:33:48,286
The same date he made the call,
there's a receipt
694
00:33:48,287 --> 00:33:51,941
from a drugstore for...
695
00:33:56,817 --> 00:33:58,687
Prenatal vitamins.
696
00:34:06,392 --> 00:34:09,872
So we may finally have some
leverage with Martha Fairchild.
697
00:34:09,873 --> 00:34:12,527
She is pregnant.
698
00:34:12,528 --> 00:34:14,399
The victim's baby?
699
00:34:14,400 --> 00:34:16,183
His Internet search history
suggests he thought
700
00:34:16,184 --> 00:34:17,532
he was gonna become a father.
701
00:34:17,533 --> 00:34:20,057
This shows motive.
This is good news.
702
00:34:20,058 --> 00:34:22,885
May I sit?
703
00:34:22,886 --> 00:34:26,063
Of course.
What's on your mind?
704
00:34:26,064 --> 00:34:30,328
Um...
705
00:34:30,329 --> 00:34:34,680
To win this, we're gonna
have to play hardball
706
00:34:34,681 --> 00:34:38,510
with a woman the victim loved.
707
00:34:38,511 --> 00:34:41,513
We're gonna have to blow up
the life of a woman
708
00:34:41,514 --> 00:34:43,167
who was carrying his baby.
709
00:34:43,168 --> 00:34:46,083
We're already defying
the wishes of his parents,
710
00:34:46,084 --> 00:34:49,260
so...
711
00:34:49,261 --> 00:34:51,305
I'm starting to ask myself,
712
00:34:51,306 --> 00:34:54,134
is manslaughter
such a horrible option?
713
00:34:54,135 --> 00:34:56,963
I thought you were all
about accountability, Nolan.
714
00:34:56,964 --> 00:34:58,443
Are you going soft?
715
00:34:58,444 --> 00:35:00,532
I got a letter a month ago
from the mother
716
00:35:00,533 --> 00:35:04,057
of a college kid that
I put away for seven years.
717
00:35:04,058 --> 00:35:06,886
He had gotten into a bar fight,
punched a guy
718
00:35:06,887 --> 00:35:09,149
who hit his head
on the floor and died.
719
00:35:09,150 --> 00:35:10,542
Those cases are tough.
720
00:35:10,543 --> 00:35:12,587
And the kid got stabbed
in prison.
721
00:35:12,588 --> 00:35:16,461
He was trying
to break up a fight.
722
00:35:19,813 --> 00:35:25,687
Sometimes I wonder what
the right thing really is.
723
00:35:25,688 --> 00:35:27,646
I mean, we just--
we just move on.
724
00:35:27,647 --> 00:35:30,431
We get a conviction.
We jump into the next case.
725
00:35:30,432 --> 00:35:31,954
But these defendants,
they're shuffled off
726
00:35:31,955 --> 00:35:33,086
in handcuffs.
727
00:35:33,087 --> 00:35:35,044
They're led into
a tiny concrete cell.
728
00:35:35,045 --> 00:35:38,831
And I--I wonder, like,
729
00:35:38,832 --> 00:35:42,617
what is going to happen
to Jacob
730
00:35:42,618 --> 00:35:46,447
if we go through with this
731
00:35:46,448 --> 00:35:48,536
and Martha.
732
00:35:53,586 --> 00:35:55,718
The system's flawed.
733
00:35:58,112 --> 00:36:02,159
But there are rules that
allow us to do our job fairly,
734
00:36:02,160 --> 00:36:04,639
to operate with integrity
within a system
735
00:36:04,640 --> 00:36:09,341
that is meant to dispense
equal justice to all.
736
00:36:11,517 --> 00:36:13,867
Do you really believe that?
737
00:36:15,303 --> 00:36:18,305
Most days.
738
00:36:18,306 --> 00:36:20,438
What about now?
739
00:36:20,439 --> 00:36:23,180
What about with Eli Freeman?
740
00:36:23,181 --> 00:36:26,226
Because if justice
741
00:36:26,227 --> 00:36:29,229
is about outcomes,
742
00:36:29,230 --> 00:36:32,841
who is to say whether
their version will be
743
00:36:32,842 --> 00:36:36,019
any better or worse than ours?
744
00:36:38,283 --> 00:36:40,850
It is tempting to go there.
745
00:36:43,113 --> 00:36:48,770
But he left that community,
became a lawyer.
746
00:36:48,771 --> 00:36:52,513
He chose to practice
in our system,
747
00:36:52,514 --> 00:36:54,690
in our church.
748
00:36:58,259 --> 00:37:00,478
Let's honor that.
749
00:37:06,224 --> 00:37:08,921
We'll talk to Martha.
750
00:37:14,536 --> 00:37:19,366
Martha, we know you're
pregnant with Eli's baby.
751
00:37:19,367 --> 00:37:25,372
It must be wonderful, scary.
752
00:37:25,373 --> 00:37:28,680
Jake and I got married.
753
00:37:28,681 --> 00:37:33,554
He's gonna raise the baby
as his own, keep my secret.
754
00:37:33,555 --> 00:37:35,730
Well, we can keep
your secret, too,
755
00:37:35,731 --> 00:37:39,256
if you finally tell the court
what Jacob did.
756
00:37:39,257 --> 00:37:41,127
And lose my husband?
757
00:37:41,128 --> 00:37:43,999
Rob this child of
its last hope for a father?
758
00:37:44,000 --> 00:37:45,087
No.
759
00:37:45,088 --> 00:37:47,394
I know what prison
does to a man.
760
00:37:47,395 --> 00:37:48,874
I won't send him there.
761
00:37:48,875 --> 00:37:51,833
We can subpoena you, Martha.
762
00:37:51,834 --> 00:37:54,749
We can force you to testify.
763
00:37:54,750 --> 00:37:56,621
But you can't force me
to tell the truth.
764
00:37:56,622 --> 00:37:58,623
No, we can't.
765
00:37:58,624 --> 00:38:00,929
But we can present evidence
in court
766
00:38:00,930 --> 00:38:03,889
of the doctor's appointment
Eli made for you
767
00:38:03,890 --> 00:38:06,674
and the prenatal vitamins
he bought.
768
00:38:06,675 --> 00:38:08,937
Your family and friends
will learn the truth.
769
00:38:08,938 --> 00:38:12,028
They will know that you are
pregnant with Eli's baby.
770
00:38:13,813 --> 00:38:15,335
What is wrong
with you people?
771
00:38:15,336 --> 00:38:17,556
- I'm sorry.
- Go to hell!
772
00:38:27,566 --> 00:38:29,088
Martha told me
what you're doing.
773
00:38:29,089 --> 00:38:31,046
I can't believe--
- Whoa, whoa, whoa, whoa, whoa.
774
00:38:31,047 --> 00:38:33,353
Why are we here?
- We wanna talk about a plea.
775
00:38:33,354 --> 00:38:35,529
But you have to promise
to leave Martha alone.
776
00:38:35,530 --> 00:38:38,053
They can't know
it's Eli's baby.
777
00:38:38,054 --> 00:38:39,533
She's a good woman.
778
00:38:39,534 --> 00:38:43,450
She didn't mean to sleep
with that man to get pregnant,
779
00:38:43,451 --> 00:38:45,931
and I didn't plan to kill him.
780
00:38:45,932 --> 00:38:48,500
Sit down
and keep your mouth shut.
781
00:38:51,067 --> 00:38:52,981
What my client means to say
is he's willing
782
00:38:52,982 --> 00:38:55,723
to plead guilty to murder two.
783
00:38:55,724 --> 00:38:58,726
You realize that comes
with mandatory prison time?
784
00:38:58,727 --> 00:39:02,643
I'll do whatever it takes
to protect Martha.
785
00:39:02,644 --> 00:39:05,167
She needs the church.
786
00:39:05,168 --> 00:39:10,347
And that baby is gonna need
the church too.
787
00:39:21,881 --> 00:39:24,361
Mr. Price,
I understand you've reached
788
00:39:24,362 --> 00:39:25,797
an agreement on a plea.
789
00:39:25,798 --> 00:39:27,494
Yes, Your Honor.
790
00:39:27,495 --> 00:39:29,017
The defendant has agreed
to plead guilty
791
00:39:29,018 --> 00:39:31,411
to murder in the second degree.
792
00:39:31,412 --> 00:39:35,807
The People recommend
a prison term of 15 years.
793
00:39:35,808 --> 00:39:37,809
Mr. Albrecht,
do you understand
794
00:39:37,810 --> 00:39:40,768
the terms of this deal?
795
00:39:40,769 --> 00:39:44,381
I do, Your Honor.
796
00:39:44,382 --> 00:39:46,078
I'm deeply ashamed...
797
00:39:49,735 --> 00:39:51,736
Of my actions.
798
00:39:51,737 --> 00:39:55,043
I ask forgiveness
799
00:39:55,044 --> 00:39:57,656
of all who were harmed
by my sin.
800
00:40:00,093 --> 00:40:02,835
Are you ready to take a plea?
801
00:40:07,100 --> 00:40:08,667
Yes.
802
00:40:14,760 --> 00:40:17,588
Be strong, Martha, for me.
803
00:40:19,329 --> 00:40:21,896
For our child.
804
00:40:21,897 --> 00:40:23,420
We're still gonna have
a great life together,
805
00:40:23,421 --> 00:40:24,551
I promise you.
806
00:40:24,552 --> 00:40:26,248
I love you.
807
00:40:45,094 --> 00:40:47,748
These people
definitely walk the walk.
808
00:40:47,749 --> 00:40:52,536
They sure do,
for better or worse.
60378
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