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We interrupt this episode
of Big Brother to bring you
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a special bulletin from
the National Weather Service.
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The National Weather Service
has just issued
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00:00:25,018 --> 00:00:26,865
an Emergency Hurricane Update
for Long Island,
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Bronx County, and portions
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of Southern Connecticut. Hurricane Nolan,
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a Category 4 hurricane,
appears to be changing course
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and moving swiftly to the north.
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As a result, the governor has extended
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the mandatory evacuation zone.
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People should seek shelter
and expect wind speeds
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of up to 150...
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Okay.
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That's it for rec time.
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Everybody back to your cells for count.
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Boss man, how bad is a Category 4?
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Say something, will you? Is there a plan?
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How come we're not hearing
nothing about a plan?
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Don't you walk away from me.
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Gentlemen, it's wind, it's rain,
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it's lightning and thunder.
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It's nothing you haven't seen before.
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I just need everybody
to stay calm and stay visible.
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We're all gonna be just fine.
Just let me do my job.
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Paco, you fill in headquarters
on the new weather situation?
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They give you any new orders?
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No, man. Landlines must
be down or something.
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And none of these bigwigs
gave you a cell number, huh?
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So you haven't spoken
to the warden? Captain Price?
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All I'm getting is-is dial tones
and static. And by the way,
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you left your cell phone here,
and it's been buzzing nonstop.
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Damn. My wife.
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Hey, Ralph, been trying to get
the count from C block,
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but there's no one on C block.
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What do you mean, no one's on C block?
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No guards. They're not there.
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Just guys acting dumb in their cells.
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Sammy and the others must've
bailed or something.
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What? They just left?
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Hey, guys, it's bad out there, okay?
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Like, our families, man.
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And plus, I just read on my phone
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- it-it's mandatory evacuation now.
- Mandatory?
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Come on. I'm not just gonna
sit here for 15 bucks an hour
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while my family gets hit by a hurricane.
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My mom's on oxygen.
She can't move herself.
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Wh... what are you guys
gonna do? You gonna stick?
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Stick? It's a mandatory
evacuation. I'm sorry, man.
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I'm getting the hell
out of here. I know you're
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the highest ranking guy,
but you should, too.
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Hey!
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Our cell is filling up with water here!
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I don't think anybody's here.
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I think all the guards left.
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You might want to get up
on my bunk with me.
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Dr. Bull?
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Can I talk to you?
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My brother-in-law, Ralph, is...
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was a prison guard at a
private prison in the Bronx.
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Blackwood.
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The prison that's been
in the news a lot lately.
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Where the two men died, drowned,
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and all the prisoners were left
without food and water
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and electricity for three days.
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Your brother-in-law was one of the men...
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one of the prison guards...
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who left during the hurricane?
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He stayed as long as he could.
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He was the highest ranking
corrections officer
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there at the time.
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The police came
to the house last night...
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my house, my apartment...
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because that's where everyone was staying
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since their house was
destroyed by the storm, and
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took him into custody,
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in front of his wife... my sister...
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and his two children.
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They want to charge him with
two counts of manslaughter.
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I'm sorry.
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I don't know who else to talk to.
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00:04:38,144 --> 00:04:40,688
My sister was home alone
with my niece and nephew,
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and Ralph had the only car,
and she's pregnant,
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and a tree fell on the house,
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and the roof was about to collapse.
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Sis, have you eaten?
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00:04:49,242 --> 00:04:51,133
Yes, I've eaten. Did you not
see all the empty slots
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in the vending machine out in the hall?
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00:04:52,419 --> 00:04:53,614
I'm worried about you.
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That's good. I'm worried about me, too.
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00:04:57,294 --> 00:04:59,707
This is my baby sister, Kristen.
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00:04:59,731 --> 00:05:02,811
This is my boss, Dr. Bull,
and this is Mr. Colón,
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Ralph's lawyer for today.
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Say thank you, Kris.
This is a big damn deal.
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Thank you. Is-is it okay if I sit?
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00:05:09,992 --> 00:05:11,962
Absolutely. Why don't we all sit.
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00:05:13,380 --> 00:05:15,169
They know we have no money, right?
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Not here, not now.
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00:05:16,705 --> 00:05:18,334
Let's not worry about that just yet.
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00:05:18,358 --> 00:05:20,119
Right now, our focus should be on getting
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00:05:20,143 --> 00:05:21,424
your husband out on bail.
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Case number 44340.
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Ralph, for God's sakes, are you okay?
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I'm good. Is-is this you?
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I'm Dr. Jason Bull.
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This is Benjamin Colón.
He'll be your attorney.
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Now let's see if we can
get you out of these cuffs.
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That would be great.
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Normally, I'm the guy with the keys.
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They had you in
protective custody, I hope?
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Yeah, solitary.
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Thankfully, nobody thought
it'd be a good idea
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to put a prison guard
in with the general population.
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It's amazing what just 16 hours
in a concrete box
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can do to your head.
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Poor guy.
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If we lose this,
they're not gonna keep him
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in solitary forever. He won't
last 20 minutes outside of it.
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Well, then... let's not lose this.
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Synced & corrected by -robtor-
www.addic7ed.com
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Okay,
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so now that you're out on bail,
the hard work begins.
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We have to prepare for trial.
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Okay.
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So...
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how does a 28-year-old
corrections officer
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end up being in charge
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of an entire prison during a hurricane?
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Well, uh, normally,
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Warden Hewitt calls the shots,
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but he wasn't there
when the storm turned,
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so corporate decided we should
just shelter in place.
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00:06:53,466 --> 00:06:55,009
And, usually, when the warden is gone,
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Captain Price gives the orders,
but when the hurricane was
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upgraded to a Category 4, she
was given permission to leave.
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00:07:00,909 --> 00:07:03,670
I think she has a house
down the shore, she-she
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00:07:03,694 --> 00:07:04,932
wanted to board it up or something.
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00:07:04,956 --> 00:07:07,108
But you were next
in the chain of command?
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00:07:07,132 --> 00:07:09,746
Yes, sir. I was the ranking C.O. on duty.
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00:07:10,482 --> 00:07:13,220
Had the most years on the job,
which is, like, four.
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00:07:13,600 --> 00:07:15,638
And at that point,
there were still enough guards
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for an operational crew, so no big deal,
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but then the storm got worse,
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people started jumping ship, and...
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And then you jumped ship.
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I know how it looks,
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but my wife is pregnant.
A tree fell on our house.
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I had the only car.
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And, besides, the plan was,
I was gonna run home,
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get my wife and kids to safety,
and then go back.
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I mean, that-that was the plan.
I was gonna be gone
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maybe, like, two, three hours.
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But then trees started coming down
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and power lines started coming down
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and the road was flooded
and you couldn't get back. Mm.
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Was that really your only option?
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Wasn't there someone else
that could help your wife?
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A friend? A neighbor?
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00:07:53,962 --> 00:07:56,941
Well... the-the folks next door
were already gone.
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They're the only ones we really know,
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the only ones whose number we have.
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And it's not like Kristen
could go door to door
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in weather like that.
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She has preeclampsia.
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I mean, she could've had a seizure.
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My kids are only eight and five.
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Look, they were stranded.
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If there was a better option,
I didn't see it.
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00:08:14,721 --> 00:08:16,593
But the police report said
you weren't the one
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who actually ended up
evacuating your family.
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00:08:19,291 --> 00:08:23,141
No. I-I mean, with the-the trees
and-and the road closures,
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by the time I got back to
the house, they weren't there.
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And Kristen's phone had died.
She left me a note
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saying that a volunteer
rescue van had come by
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and-and taken them to a motel.
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And I swear, the second
I knew they were safe,
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I tried to get back to work.
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But the rain...
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the-the water just rose too fast.
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00:08:39,509 --> 00:08:41,052
The-the road back to the prison
was blocked.
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I-I-I called corporate, the warden, 911,
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00:08:43,862 --> 00:08:44,969
everyone I could think of.
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There-there was nothing anyone could do.
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And I read that,
because the county prioritized
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evacuating hospitals and nursing homes,
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the inmates were stranded for three days.
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00:08:54,809 --> 00:08:56,807
We sympathize with you, Ralph,
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but let me tell you how it's gonna go.
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We are gonna get into court
and the attorney for the state
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00:09:02,750 --> 00:09:05,337
is gonna say it was reckless
of you to leave the prison,
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00:09:05,361 --> 00:09:07,470
and that your recklessness
is the only reason
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those two men are dead today.
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00:09:11,150 --> 00:09:12,952
I know that's what it looks like,
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00:09:14,327 --> 00:09:15,789
but here's the thing:
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00:09:16,721 --> 00:09:18,833
the prison has a brand-new roof.
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00:09:19,288 --> 00:09:23,138
They put in new pumps and
a brand new generator last year.
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Things my crappy little house
doesn't have.
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00:09:25,120 --> 00:09:27,316
I thought those men were gonna be safe.
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00:09:27,717 --> 00:09:29,884
So you're saying you believed
the prisoners were safe,
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00:09:29,908 --> 00:09:31,823
but your family was in danger?
200
00:09:33,765 --> 00:09:35,890
Well, sounds to me
like he left that prison
201
00:09:35,914 --> 00:09:37,602
to prevent a greater harm.
202
00:09:42,834 --> 00:09:44,768
Where is everybody?
203
00:09:44,792 --> 00:09:47,728
Looks to me like almost half
the jury pool is a no-show.
204
00:09:47,752 --> 00:09:50,295
Probably at home still trying
to chop down trees
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00:09:50,319 --> 00:09:51,906
or shovel mud out of their basement.
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00:09:51,930 --> 00:09:53,298
- Great.
- Those no-shows?
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00:09:53,322 --> 00:09:55,213
Those are exactly the kind
of people we could use
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00:09:55,237 --> 00:09:56,867
- on this jury.
- How do you mean?
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00:09:56,891 --> 00:09:59,261
Well, they clearly think
dealing with their family
210
00:09:59,285 --> 00:10:01,089
or their property in
the aftermath of the storm
211
00:10:01,113 --> 00:10:02,917
is more important than
doing their civic duty.
212
00:10:02,941 --> 00:10:05,209
Basically making the
same choice Ralph did.
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00:10:05,234 --> 00:10:06,331
Bingo.
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00:10:06,782 --> 00:10:08,574
If only they were here.
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00:10:08,598 --> 00:10:10,141
All rise.
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00:10:10,165 --> 00:10:12,666
Ones that did show up... dedicated bunch
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00:10:12,691 --> 00:10:13,972
of rule-followers and they are gonna
218
00:10:13,997 --> 00:10:15,845
have a very hard time
getting past the fact
219
00:10:15,954 --> 00:10:18,521
that Ralph broke the rules
when he left his post.
220
00:10:18,545 --> 00:10:20,785
The Honorable
Judge Elsa Maynard presiding.
221
00:10:23,148 --> 00:10:24,460
Before we begin
222
00:10:24,484 --> 00:10:25,853
with today's proceedings,
223
00:10:25,877 --> 00:10:27,811
can I get a show of hands
224
00:10:27,835 --> 00:10:30,161
of anyone personally affected
by the storm
225
00:10:30,185 --> 00:10:32,773
who feels they would be unduly burdened
226
00:10:32,797 --> 00:10:34,189
by serving on this jury?
227
00:10:38,498 --> 00:10:41,520
You are all excused.
228
00:10:42,417 --> 00:10:45,176
The court thanks you for your service.
229
00:10:45,200 --> 00:10:46,313
And there goes anyone with
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00:10:46,337 --> 00:10:49,050
an emotional connection to
the storm's devastation.
231
00:10:49,074 --> 00:10:50,442
That's great.
232
00:10:50,466 --> 00:10:51,879
We're starting voir dire
with less than half
233
00:10:51,903 --> 00:10:54,012
the options we usually have.
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00:10:56,644 --> 00:10:57,711
- Theo.
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00:10:57,735 --> 00:11:00,365
I love you, but I need this leg, bud.
236
00:11:00,389 --> 00:11:02,044
Hannah, why don't you take
the boys in the other room
237
00:11:02,068 --> 00:11:04,065
before Aunt Taylor
kicks us out on the street?
238
00:11:07,962 --> 00:11:09,853
Dr. Bull and Mr. Colón need me
239
00:11:09,877 --> 00:11:11,637
to go through your finances.
240
00:11:11,661 --> 00:11:13,596
What? Why?
241
00:11:13,620 --> 00:11:15,729
Like, our checking and savings?
242
00:11:15,753 --> 00:11:18,166
I mean, what does that
have to do with Ralph's case?
243
00:11:18,190 --> 00:11:20,821
Well, we're telling the jury
Ralph had no choice
244
00:11:20,845 --> 00:11:22,692
but to leave his job to help you.
245
00:11:22,716 --> 00:11:24,607
So we're pretty sure
the other side is gonna say
246
00:11:24,631 --> 00:11:27,044
Ralph should have
evacuated you guys earlier,
247
00:11:27,068 --> 00:11:28,654
when it was still a voluntary evacuation.
248
00:11:28,678 --> 00:11:30,961
Before he had to go to work, so...
249
00:11:30,985 --> 00:11:33,921
we want to be able to say...
250
00:11:33,945 --> 00:11:36,184
"Hey, this guy's family doesn't
have the money
251
00:11:36,208 --> 00:11:38,099
"to pay for hotels or taxis
252
00:11:38,123 --> 00:11:39,404
"in anticipation of a hurricane
253
00:11:39,428 --> 00:11:41,184
that might not even show up."
254
00:11:42,170 --> 00:11:43,603
Okay.
255
00:11:43,628 --> 00:11:46,607
I get it, um...
but I have to talk to Ralph
256
00:11:46,632 --> 00:11:48,392
'cause it's his money, too.
257
00:11:48,417 --> 00:11:49,734
Of course.
258
00:11:51,991 --> 00:11:53,123
What?
259
00:11:54,226 --> 00:11:55,899
I don't know, just hormones.
260
00:11:55,923 --> 00:11:57,771
I'm overwhelmed.
261
00:11:58,201 --> 00:11:59,903
Come here.
262
00:11:59,927 --> 00:12:01,600
It's gonna be okay.
263
00:12:01,624 --> 00:12:03,037
So...
264
00:12:03,061 --> 00:12:04,089
Warden Hewitt.
265
00:12:04,113 --> 00:12:06,594
Because there were no employees present
266
00:12:06,618 --> 00:12:09,260
to move the prisoners
to safe and secure areas
267
00:12:09,284 --> 00:12:11,872
when parts of the prison began to flood,
268
00:12:12,298 --> 00:12:13,787
what happened?
269
00:12:13,811 --> 00:12:16,267
Unfortunately, two prisoners drowned.
270
00:12:16,803 --> 00:12:19,197
I have no further questions at this time.
271
00:12:23,908 --> 00:12:25,886
Good afternoon, Warden.
272
00:12:25,910 --> 00:12:30,238
Now, Blackwood is a private,
medium-security facility.
273
00:12:31,020 --> 00:12:34,416
And is it policy for a lone guard to move
274
00:12:34,440 --> 00:12:36,984
- more than one inmate at a time?
- No.
275
00:12:37,448 --> 00:12:40,117
Our guards only carry nonlethal weapons,
276
00:12:40,141 --> 00:12:43,555
so if a cell needs
to be emptied, we require
277
00:12:43,579 --> 00:12:45,949
that there is at least one guard
for each inmate.
278
00:12:45,973 --> 00:12:48,430
One guard for each inmate.
279
00:12:48,454 --> 00:12:51,520
Now, the police report states that
280
00:12:51,544 --> 00:12:55,306
seven cells on the first floor
of the prison flooded.
281
00:12:55,842 --> 00:12:58,005
22 men. Now...
282
00:12:58,029 --> 00:13:00,224
I'm guessing in the case of a flood,
283
00:13:00,248 --> 00:13:03,924
you'd need to move these men
to the highest floor possible.
284
00:13:03,948 --> 00:13:05,360
The third floor.
285
00:13:05,384 --> 00:13:07,492
Now, how long do you think
286
00:13:07,516 --> 00:13:11,192
it would take for one guard
to move these 22 inmates?
287
00:13:11,216 --> 00:13:13,281
One inmate at a time?
288
00:13:13,305 --> 00:13:14,891
A single man, by himself?
289
00:13:14,915 --> 00:13:16,110
That's what I'm asking.
290
00:13:16,571 --> 00:13:18,503
I'm guessing...
291
00:13:18,527 --> 00:13:19,940
eight minutes.
292
00:13:19,964 --> 00:13:21,506
Objection. Speculation.
293
00:13:21,530 --> 00:13:23,944
Your Honor, this is not speculation.
294
00:13:23,968 --> 00:13:26,337
I'm asking the man whose job description
295
00:13:26,361 --> 00:13:29,123
is the "creation and implementation
296
00:13:29,147 --> 00:13:30,385
of the safety protocols."
297
00:13:30,409 --> 00:13:32,343
How they work, and how long
298
00:13:32,367 --> 00:13:33,457
they take to execute.
299
00:13:33,481 --> 00:13:35,999
If we can't ask him, then who do we ask?
300
00:13:36,466 --> 00:13:37,817
Overruled.
301
00:13:37,841 --> 00:13:39,700
Thank you, Your Honor.
302
00:13:39,724 --> 00:13:44,442
So, if it takes eight minutes
to move a single prisoner
303
00:13:44,466 --> 00:13:47,765
from the first floor to the third floor,
304
00:13:47,789 --> 00:13:49,884
and there are 22 men,
305
00:13:49,908 --> 00:13:52,494
we would be talking about almost...
306
00:13:52,518 --> 00:13:54,824
three hours to move all those men.
307
00:13:54,849 --> 00:13:56,890
And what if Ralph tried to do it faster?
308
00:13:58,135 --> 00:14:00,809
By emptying a whole cell at once.
309
00:14:01,199 --> 00:14:03,464
Two men, three men, four men.
310
00:14:04,251 --> 00:14:05,637
Would that have been a safe option?
311
00:14:05,661 --> 00:14:06,684
No.
312
00:14:06,708 --> 00:14:08,034
And why is that?
313
00:14:08,058 --> 00:14:10,755
Because a single guard
could easily be overpowered
314
00:14:10,779 --> 00:14:12,264
when there are multiple inmates.
315
00:14:12,288 --> 00:14:14,039
"Overpowered"?
316
00:14:14,063 --> 00:14:15,911
Well, that sounds dangerous.
317
00:14:15,935 --> 00:14:19,393
So, we are back to our
three-hour estimate.
318
00:14:19,417 --> 00:14:23,179
Now, do you know approximately what time
319
00:14:23,203 --> 00:14:24,702
Ralph left the prison?
320
00:14:24,726 --> 00:14:27,270
Our video shows him leaving
a little after 10:00 p.m.
321
00:14:27,294 --> 00:14:30,969
And do you know what time those
two men perished in their cells?
322
00:14:30,993 --> 00:14:33,624
Again, the video seems to suggest
323
00:14:33,648 --> 00:14:34,973
it was a little after 11:00.
324
00:14:34,997 --> 00:14:36,818
So about an hour later.
325
00:14:38,236 --> 00:14:40,370
So, even if he had stayed there...
326
00:14:40,394 --> 00:14:41,944
right?
327
00:14:41,968 --> 00:14:45,897
Even if he had ignored
his pregnant wife's plea,
328
00:14:45,921 --> 00:14:47,160
who was convinced their house
329
00:14:47,184 --> 00:14:49,109
was going to fall on her
330
00:14:49,133 --> 00:14:51,512
and her two children at any second,
331
00:14:51,536 --> 00:14:53,645
there's a very good
possibility that Ralph
332
00:14:53,669 --> 00:14:56,256
would have been moving
some other prisoner
333
00:14:56,712 --> 00:15:00,042
and would have not discovered
the dead inmates
334
00:15:00,066 --> 00:15:01,913
until an hour or two later.
335
00:15:01,937 --> 00:15:03,350
Maybe.
336
00:15:03,374 --> 00:15:05,795
Or maybe he would have heard
their cries for help.
337
00:15:05,819 --> 00:15:07,522
And been able to do
something to rescue them
338
00:15:07,546 --> 00:15:09,007
before it was too late.
339
00:15:09,031 --> 00:15:10,270
You're right.
340
00:15:10,294 --> 00:15:12,228
That's a definite maybe.
341
00:15:12,770 --> 00:15:14,535
Which reminds me.
342
00:15:14,559 --> 00:15:17,823
Where were you in relation to
the prison when the storm hit?
343
00:15:20,518 --> 00:15:22,887
Driving my wife
to her folks' place in Philly.
344
00:15:22,912 --> 00:15:24,115
Ah.
345
00:15:24,960 --> 00:15:28,462
So the warden gets to
drive his family to a safe,
346
00:15:28,486 --> 00:15:29,929
dry place.
347
00:15:29,954 --> 00:15:34,500
But a 28-year-old prison guard
can't do the same. Interesting.
348
00:15:34,525 --> 00:15:36,808
Objection! Inflammatory.
Warden Hewitt is not
349
00:15:36,833 --> 00:15:38,471
- on trial here.
- I am way ahead
350
00:15:38,496 --> 00:15:41,649
of you, Mr. Monroe.
The jury will disregard
351
00:15:41,673 --> 00:15:43,694
Mr. Colón's assertion.
352
00:15:43,718 --> 00:15:45,720
No, they won't.
353
00:15:47,763 --> 00:15:49,091
Once the generator died,
354
00:15:49,115 --> 00:15:50,484
it was pitch-black in there.
355
00:15:51,225 --> 00:15:53,511
I couldn't see my own hand
in front of my face.
356
00:15:55,292 --> 00:15:57,531
And then the water
started coming up fast.
357
00:15:57,556 --> 00:15:59,525
It was cold.
358
00:15:59,979 --> 00:16:01,870
And it stank like I don't know what.
359
00:16:02,134 --> 00:16:04,460
Everyone was panicking,
360
00:16:04,485 --> 00:16:05,679
climbing up to the top bunks
361
00:16:05,704 --> 00:16:07,033
to stay out of it.
362
00:16:07,628 --> 00:16:09,389
That must have been when Moose fell.
363
00:16:09,414 --> 00:16:10,826
Hit his head.
364
00:16:10,869 --> 00:16:13,664
And by Moose, you mean your cellmate?
365
00:16:14,024 --> 00:16:16,125
Inmate Pawlowski, one of the deceased?
366
00:16:16,229 --> 00:16:17,418
That's right.
367
00:16:18,241 --> 00:16:22,003
I didn't see it. None of us did,
but he must've gone under.
368
00:16:22,465 --> 00:16:24,281
With everybody screaming...
369
00:16:25,951 --> 00:16:28,997
...none of us even noticed
that he wasn't saying nothing.
370
00:16:31,026 --> 00:16:32,917
And then the next time I did see him,
371
00:16:32,942 --> 00:16:34,944
it was when the sun came up.
372
00:16:37,636 --> 00:16:39,396
And he was just laying there.
373
00:16:39,687 --> 00:16:41,143
Floating.
374
00:16:41,531 --> 00:16:42,845
Face down.
375
00:16:43,478 --> 00:16:46,003
All puffy, kind of purple.
376
00:16:48,245 --> 00:16:50,826
I know Moose wasn't no saint.
377
00:16:52,036 --> 00:16:54,267
But he was a man, you know?
378
00:16:55,882 --> 00:16:57,290
Jury is hanging on
379
00:16:57,314 --> 00:16:58,813
this guy's every word.
380
00:16:58,837 --> 00:17:01,545
Why doesn't Benny object,
do something to break the spell?
381
00:17:01,569 --> 00:17:04,515
Because as you just pointed out,
the jury is busy empathizing.
382
00:17:04,539 --> 00:17:07,300
We interrupt, we...
and by extension, Ralph...
383
00:17:07,324 --> 00:17:10,781
look callous and we'd be playing
right into the A.D.A.'s hands.
384
00:17:10,805 --> 00:17:13,726
I've done some bad things in my life.
385
00:17:13,750 --> 00:17:15,101
Sure.
386
00:17:15,895 --> 00:17:17,438
But that doesn't give you the right
387
00:17:17,463 --> 00:17:18,899
to do what you did.
388
00:17:20,380 --> 00:17:22,375
You left us to die
389
00:17:22,400 --> 00:17:25,461
- like animals in cages.
- Mr. Carter,
390
00:17:25,733 --> 00:17:28,317
the defense asserts
that Ralph Kelly left his post
391
00:17:28,341 --> 00:17:29,687
solely to save his family.
392
00:17:29,711 --> 00:17:31,411
Do you have any reason to believe
393
00:17:31,435 --> 00:17:33,444
that that, in fact, is not the case?
394
00:17:33,468 --> 00:17:34,831
Yeah, I do.
395
00:17:34,855 --> 00:17:38,554
Early on, before
the power generator died,
396
00:17:38,578 --> 00:17:40,426
there was already a little bit
of water coming in
397
00:17:40,450 --> 00:17:42,726
through the drains in our cells.
398
00:17:42,750 --> 00:17:45,840
And that's when I heard C.O. Kelly.
399
00:17:45,991 --> 00:17:47,982
He was standing
in the cell block corridor,
400
00:17:48,007 --> 00:17:49,468
on his phone.
401
00:17:50,956 --> 00:17:53,500
And that's when I heard him say,
402
00:17:53,564 --> 00:17:55,846
"I got to figure out
a way to get out of here
403
00:17:55,871 --> 00:17:57,197
before it's underwater."
404
00:17:57,461 --> 00:17:59,219
Objection,
405
00:17:59,243 --> 00:18:00,614
Your Honor. Hearsay.
406
00:18:02,248 --> 00:18:03,673
Actually, I find it's a statement
407
00:18:03,697 --> 00:18:05,404
against penal interest.
408
00:18:05,405 --> 00:18:06,730
I'm going to allow it.
409
00:18:06,754 --> 00:18:08,195
Objection overruled.
410
00:18:08,947 --> 00:18:12,100
The jury may consider the
witness's statement as evidence.
411
00:18:12,125 --> 00:18:14,190
I'm sure you're ahead of me, but...
412
00:18:14,215 --> 00:18:16,019
it is a sea of red over here.
413
00:18:16,643 --> 00:18:18,374
Of course it is.
414
00:18:23,312 --> 00:18:25,420
I never said that. Carter lied.
415
00:18:25,444 --> 00:18:28,075
I'm-I'm telling you.
I never said anything like that.
416
00:18:28,099 --> 00:18:29,903
Ask Kristen, she-she was
the only one I spoke to
417
00:18:29,927 --> 00:18:31,557
- on the phone that day.
- Well,
418
00:18:31,581 --> 00:18:33,003
it's late in the day, but we could try
419
00:18:33,027 --> 00:18:34,865
to subpoena his phone records.
420
00:18:34,889 --> 00:18:37,563
Call Kristen to the stand
first thing tomorrow,
421
00:18:37,587 --> 00:18:40,087
she could tell the jury
what they did say.
422
00:18:40,111 --> 00:18:41,393
What they talked about.
423
00:18:41,417 --> 00:18:43,700
Hmm. She's his pregnant wife.
424
00:18:43,724 --> 00:18:45,745
Anything she says, the jury's gonna take
425
00:18:45,769 --> 00:18:48,095
with a... mountain of salt.
426
00:18:48,736 --> 00:18:51,185
Were there any other
witnesses to this phone call?
427
00:18:51,209 --> 00:18:52,796
Anybody out there in the block with you?
428
00:18:53,157 --> 00:18:55,886
I-I don't know, m-maybe one
of the guys in the cell?
429
00:18:55,910 --> 00:18:57,844
No one's gonna rat out a cellie
430
00:18:57,868 --> 00:18:59,890
to help out a guard unless
they get something for it.
431
00:18:59,914 --> 00:19:02,631
Yeah, well, we don't have
anything to offer; we're not
432
00:19:02,655 --> 00:19:04,808
- the D.A.'s office.
- What about the rescue van driver?
433
00:19:04,832 --> 00:19:07,201
The one that picked up
Kristen and the kids
434
00:19:07,225 --> 00:19:09,247
and evacuated them
before you made it home?
435
00:19:09,888 --> 00:19:11,108
Well, what about him?
436
00:19:11,133 --> 00:19:12,685
Well, you think she might
have said something to him
437
00:19:12,709 --> 00:19:14,600
about you being on your way home?
438
00:19:15,648 --> 00:19:17,211
Maybe. I...
439
00:19:17,235 --> 00:19:18,517
Why? Wha-What are you thinking?
440
00:19:18,541 --> 00:19:19,823
I-I'm not sure she even
got the guy's name.
441
00:19:19,847 --> 00:19:22,826
But if she did say
something to him and we could
442
00:19:22,850 --> 00:19:24,610
- find the guy...
- He could testify to what he heard
443
00:19:24,634 --> 00:19:27,178
and that, in combination
with Kristen's testimony...
444
00:19:27,202 --> 00:19:29,833
Could do some real damage. The good kind.
445
00:19:30,319 --> 00:19:32,400
It could help convince a jury
446
00:19:32,424 --> 00:19:34,663
that the only reason
you left was honestly
447
00:19:34,687 --> 00:19:36,404
just to help your family.
448
00:19:36,428 --> 00:19:38,058
Your Honor,
449
00:19:38,082 --> 00:19:40,955
the defense would like to call
Mrs. Kelly to the stand.
450
00:19:42,695 --> 00:19:46,023
Once you finally got through
to Ralph on his cell phone,
451
00:19:46,047 --> 00:19:47,372
what did you say to him?
452
00:19:48,003 --> 00:19:49,548
I told him that if he didn't come
453
00:19:49,572 --> 00:19:51,332
and rescue us right then,
454
00:19:51,356 --> 00:19:53,291
that we were probably gonna die
455
00:19:53,315 --> 00:19:55,136
right there in that house.
456
00:19:56,846 --> 00:19:59,008
I mean, you can see.
457
00:19:59,032 --> 00:20:00,775
The tree fell right on it.
458
00:20:00,799 --> 00:20:03,301
You could see the sky.
The rain was coming in. I-I...
459
00:20:03,325 --> 00:20:05,129
I was afraid that maybe the whole place
460
00:20:05,153 --> 00:20:06,739
was gonna blow up or something.
461
00:20:07,314 --> 00:20:09,481
And then what happened?
462
00:20:09,505 --> 00:20:11,657
Ralph promised that
he was gonna come and get us.
463
00:20:11,681 --> 00:20:13,398
That he was leaving right away.
464
00:20:13,821 --> 00:20:16,880
Now, uh, during that phone call,
465
00:20:17,324 --> 00:20:19,740
do you recall your husband
ever mentioning
466
00:20:19,764 --> 00:20:22,276
needing to leave the prison
because it was flooded?
467
00:20:22,997 --> 00:20:24,670
'Cause it was unsafe?
468
00:20:25,207 --> 00:20:28,326
Did he ever share any concerns
with you about his own safety?
469
00:20:28,669 --> 00:20:31,938
No. His safety never came up.
470
00:20:32,381 --> 00:20:34,419
Trust me, I was hysterical.
471
00:20:35,301 --> 00:20:37,005
The only thing we ever discussed
472
00:20:37,029 --> 00:20:39,293
was him coming home
to get me and the kids.
473
00:20:40,431 --> 00:20:42,031
Thank you. No further questions,
474
00:20:42,055 --> 00:20:43,434
Your Honor.
475
00:20:58,684 --> 00:21:01,838
Hey, sis. No big deal,
I'm just... surprise, surprise...
476
00:21:01,862 --> 00:21:03,840
going over your bank statements, and, uh,
477
00:21:03,864 --> 00:21:05,624
there are some deposits here,
478
00:21:05,648 --> 00:21:08,409
I just can't figure out
where they came from.
479
00:21:08,433 --> 00:21:11,412
Anyway, if you're, uh, asleep
by the time I get home tonight,
480
00:21:11,436 --> 00:21:14,439
you can just fill me in in the morning.
481
00:21:16,842 --> 00:21:19,203
Hey, I just got off the phone
with your sister.
482
00:21:19,227 --> 00:21:21,422
So you're the reason
I can't get ahold of her.
483
00:21:21,446 --> 00:21:24,944
Well, she wasn't able to fill
in any of the blanks for me
484
00:21:24,968 --> 00:21:28,180
in my hunt for this van driver
who rescued her and her kids.
485
00:21:28,204 --> 00:21:29,498
I mean, I get it.
486
00:21:31,482 --> 00:21:33,946
There were children,
everyone was in a panic,
487
00:21:33,970 --> 00:21:36,785
everyone was wearing rain slickers.
488
00:21:36,809 --> 00:21:39,353
Who remembers details, let alone faces?
489
00:21:39,377 --> 00:21:41,921
- Sorry.
- All's not lost.
490
00:21:41,945 --> 00:21:44,619
I got an idea. I called the motel
491
00:21:44,643 --> 00:21:47,187
where our Good Samaritan dropped
off your sister and her kids
492
00:21:47,211 --> 00:21:49,537
to see if there was any security footage,
493
00:21:49,561 --> 00:21:52,062
or to see if somehow,
they got the guy's name.
494
00:21:52,461 --> 00:21:53,921
And?
495
00:21:54,566 --> 00:21:55,892
No security cameras.
496
00:21:55,916 --> 00:21:57,719
And the hotel lost power that night,
497
00:21:57,743 --> 00:22:00,548
and the desk clerk didn't have
any information on our guy.
498
00:22:00,572 --> 00:22:02,855
But she did remember Kristen coming in
499
00:22:02,879 --> 00:22:04,683
with a group of evacuees.
500
00:22:04,707 --> 00:22:07,177
And she was nice enough
to e-mail me a copy
501
00:22:07,201 --> 00:22:09,478
of the paper check-in log
that they used that night.
502
00:22:12,523 --> 00:22:14,867
I'm thinking maybe one of the
people that Kristen came in with
503
00:22:14,891 --> 00:22:16,521
remembers who drove them?
504
00:22:16,860 --> 00:22:19,741
Do you want to split up
the names? Start making calls?
505
00:22:20,614 --> 00:22:23,049
You think these check-in times
are accurate?
506
00:22:23,367 --> 00:22:26,076
I assume so. Why?
507
00:22:40,342 --> 00:22:41,459
Kris.
508
00:22:44,388 --> 00:22:45,942
We need to talk.
509
00:22:46,265 --> 00:22:48,475
You lied to me, didn't you?
510
00:22:49,186 --> 00:22:52,165
And not just me. You lied on the stand.
511
00:22:52,813 --> 00:22:54,733
When you got through to Ralph
on the day of the storm,
512
00:22:54,757 --> 00:22:56,387
you couldn't have asked him
to come rescue you
513
00:22:56,411 --> 00:22:59,042
at the house because you
and the kids were at the motel.
514
00:22:59,066 --> 00:23:01,653
And don't give me any BS,
because I know, Kristen.
515
00:23:01,677 --> 00:23:03,481
I have the motel records.
516
00:23:04,408 --> 00:23:07,050
What did you say to Ralph on that call?
517
00:23:07,411 --> 00:23:08,703
Why did Ralph actually leave the prison?
518
00:23:08,727 --> 00:23:12,514
Because it sure as hell wasn't
to save you and the kids.
519
00:23:13,950 --> 00:23:17,538
Ralph left because there was
something in our garage.
520
00:23:17,562 --> 00:23:18,975
Something really important.
521
00:23:18,999 --> 00:23:20,585
Something that we couldn't
afford to leave behind.
522
00:23:20,609 --> 00:23:22,890
And when the tree fell on it,
I knew I couldn't
523
00:23:22,914 --> 00:23:25,888
get into the garage, so if Ralph
didn't come for it...
524
00:23:27,806 --> 00:23:28,985
Okay.
525
00:23:29,308 --> 00:23:31,750
And so I'm just supposed
to guess what it was?
526
00:23:33,411 --> 00:23:36,296
What was so damn important
it cost two men their lives,
527
00:23:36,320 --> 00:23:40,170
your husband his job, and in
all probability, me, my job?
528
00:23:40,194 --> 00:23:43,608
$50,000, in cash,
529
00:23:43,632 --> 00:23:45,958
in a duffle bag,
getting wetter by the minute.
530
00:23:45,982 --> 00:23:47,568
That's what Ralph had to get.
531
00:23:47,592 --> 00:23:49,867
And, look, obviously, nobody thought
532
00:23:49,891 --> 00:23:51,497
anyone was gonna get hurt.
533
00:23:53,120 --> 00:23:54,836
Okay. So wherever that money came from,
534
00:23:54,860 --> 00:23:57,317
am I supposed to assume
that's where all those deposits
535
00:23:57,341 --> 00:23:59,276
in your bank account came from, too?
536
00:23:59,300 --> 00:24:00,668
What deposits?
537
00:24:01,215 --> 00:24:02,888
Have you not checked your voice mail?
538
00:24:02,912 --> 00:24:04,629
Did you go ahead
and look at our bank statements
539
00:24:04,653 --> 00:24:06,674
without my permission?
540
00:24:06,698 --> 00:24:08,067
Did you hack into my bank accounts?
541
00:24:08,091 --> 00:24:09,460
Of course I did.
542
00:24:09,484 --> 00:24:11,462
I worked in Homeland.
I do what I have to do.
543
00:24:11,486 --> 00:24:15,854
And by the way, I was trying
to save your husband's ass.
544
00:24:17,013 --> 00:24:19,015
Now, where's all this cash
coming from, Kristen?
545
00:24:21,360 --> 00:24:22,603
I don't know.
546
00:24:22,986 --> 00:24:26,216
Apparently, there are ways
to make money in a prison.
547
00:24:26,573 --> 00:24:28,305
Okay... but I'm telling you the truth.
548
00:24:28,329 --> 00:24:29,654
I-I don't know.
549
00:24:29,678 --> 00:24:30,829
I never wanted to know, so Ralph
550
00:24:30,853 --> 00:24:32,178
- never told me.
- Kris...
551
00:24:32,202 --> 00:24:34,441
Look, but with this money,
and your loans,
552
00:24:34,465 --> 00:24:36,791
we were actually able to get
caught up on our house payments.
553
00:24:36,815 --> 00:24:39,272
And we can actually afford this baby,
554
00:24:39,296 --> 00:24:40,969
and assuming that my husband
doesn't go to prison
555
00:24:40,993 --> 00:24:43,233
and the insurance is willing
to cover the cost of the roof,
556
00:24:43,257 --> 00:24:44,843
we might actually be able
to pay you back.
557
00:24:44,867 --> 00:24:47,976
Yeah. With dirty money!
558
00:24:48,429 --> 00:24:50,153
You may not be able
to tell me how he got it,
559
00:24:50,177 --> 00:24:52,434
but you know it's dirty money.
It has to be.
560
00:24:52,972 --> 00:24:54,081
Whatever he did
561
00:24:54,105 --> 00:24:57,638
to get that money is almost
certainly a crime, Kristen.
562
00:24:57,662 --> 00:24:59,049
And so is perjury.
563
00:24:59,073 --> 00:25:00,554
All right, well, then
tell me the other choice.
564
00:25:00,578 --> 00:25:02,651
We tell the truth.
565
00:25:03,190 --> 00:25:05,342
And it's not the other choice.
566
00:25:05,366 --> 00:25:07,759
It's the only choice.
567
00:25:13,765 --> 00:25:14,916
Look, it's simple.
568
00:25:14,940 --> 00:25:16,527
Your husband can't
take the stand tomorrow.
569
00:25:16,551 --> 00:25:18,311
Not if he's gonna perjure himself.
570
00:25:18,335 --> 00:25:20,400
Wait, what do you mean? He has to.
571
00:25:20,424 --> 00:25:22,185
Your boss said that's
the only way we win this,
572
00:25:22,209 --> 00:25:23,405
with Ralph's testimony.
573
00:25:23,429 --> 00:25:24,970
Well, I don't know what to tell you.
574
00:25:24,994 --> 00:25:28,218
He can't testify.
He can't lie under oath.
575
00:25:30,565 --> 00:25:32,598
I have to tell Dr. Bull about this.
576
00:25:32,958 --> 00:25:34,545
I have to tell him the truth.
577
00:25:34,569 --> 00:25:36,373
Taylor, you can't do that.
578
00:25:36,397 --> 00:25:37,591
Think about Ralph.
579
00:25:37,615 --> 00:25:40,507
Think about me. Think about our kids.
580
00:25:40,531 --> 00:25:42,640
Where are you going?
It's the middle of the night.
581
00:25:42,664 --> 00:25:44,250
Hotel.
582
00:25:44,274 --> 00:25:46,252
I got to beat Dr. Bull
to work in the morning.
583
00:25:46,276 --> 00:25:48,670
Got to get to him
before he gets to court.
584
00:26:04,272 --> 00:26:06,274
Dr. Bull?
585
00:26:09,103 --> 00:26:11,053
I'm so sorry.
586
00:26:11,714 --> 00:26:14,017
Your wife lied on the
stand yesterday, didn't she?
587
00:26:14,041 --> 00:26:16,860
Eh, she didn't call
you asking you to rescue her.
588
00:26:16,884 --> 00:26:18,667
She called you asking to rescue
589
00:26:18,691 --> 00:26:20,917
a duffle bag full of money, didn't she?
590
00:26:21,268 --> 00:26:22,984
And that inmate who testified, Carter,
591
00:26:23,008 --> 00:26:24,899
he was telling the truth, wasn't he?
592
00:26:25,442 --> 00:26:26,901
I suppose.
593
00:26:26,925 --> 00:26:28,946
You suppose?
594
00:26:29,537 --> 00:26:32,255
You know you told your wife
you had to get out of there
595
00:26:32,279 --> 00:26:33,952
before "it" was underwater.
596
00:26:33,976 --> 00:26:35,997
And now we know the "it"
you were referring to
597
00:26:36,021 --> 00:26:39,262
wasn't the prison,
it was the $50,000 you had
598
00:26:39,286 --> 00:26:40,915
in your garage.
599
00:26:40,939 --> 00:26:42,917
Fortunately, Mr. Colón was able to ask
600
00:26:42,941 --> 00:26:45,879
the judge for a 24-hour
continuance. But...
601
00:26:48,251 --> 00:26:52,219
...before I decide if my team
will continue with your case,
602
00:26:53,082 --> 00:26:55,278
you need to tell me everything.
603
00:26:55,302 --> 00:26:57,497
- The whole truth.
- Let's start with the money.
604
00:26:58,183 --> 00:26:59,934
Where'd you get it from?
605
00:27:00,227 --> 00:27:01,895
You smuggling drugs?
606
00:27:02,352 --> 00:27:05,026
Shaking down some inmates?
On some gang's payroll?
607
00:27:05,050 --> 00:27:06,817
No. Nothing like that. It...
608
00:27:07,901 --> 00:27:09,640
I was running phones.
609
00:27:09,987 --> 00:27:11,071
Selling them.
610
00:27:11,666 --> 00:27:13,818
What do you mean? To prisoners?
611
00:27:13,842 --> 00:27:15,534
All the guards do it.
612
00:27:15,953 --> 00:27:18,220
I held out for a really long time.
613
00:27:19,064 --> 00:27:22,218
But then, Kris got pregnant again.
614
00:27:22,242 --> 00:27:24,668
We were already up
to our eyeballs in debt.
615
00:27:25,680 --> 00:27:27,875
I was just gonna sell a few,
get caught up
616
00:27:27,899 --> 00:27:29,442
- until the baby came.
- Well.
617
00:27:29,466 --> 00:27:32,358
Well, $50,000 sounds like
you did more than just catch up.
618
00:27:32,382 --> 00:27:35,318
Yeah. 'Cause then,
I realized how easy it was.
619
00:27:35,762 --> 00:27:38,364
Do you know what the going rate
is for a cell phone in prison?
620
00:27:38,388 --> 00:27:40,192
Like, a thousand dollars.
621
00:27:40,517 --> 00:27:42,194
I can make more selling
a few dozen phones
622
00:27:42,218 --> 00:27:45,415
than I got paid
for an entire year as a guard.
623
00:27:45,439 --> 00:27:47,949
All of a sudden, I didn't have
to worry about losing the house
624
00:27:47,973 --> 00:27:50,898
or getting the power turned off.
625
00:27:50,922 --> 00:27:53,590
And it was only phones.
I wasn't hurting anyone.
626
00:27:53,614 --> 00:27:55,990
Well, I haven't spent a lot
of quality time in prison,
627
00:27:56,014 --> 00:27:58,079
but it doesn't take a lot
of imagination to figure out
628
00:27:58,103 --> 00:28:00,473
what a criminal behind bars
629
00:28:00,497 --> 00:28:03,892
might be able to do with a cell phone.
630
00:28:07,199 --> 00:28:09,201
I'm sorry I lied.
631
00:28:15,858 --> 00:28:18,208
But no one was supposed to die.
632
00:28:25,305 --> 00:28:28,917
Dr. Bull? Benny.
633
00:28:31,068 --> 00:28:32,527
I'm sorry.
634
00:28:33,356 --> 00:28:35,508
You have no idea how sorry.
635
00:28:36,073 --> 00:28:37,989
Neither one of us thinks
you have much to be sorry for,
636
00:28:38,013 --> 00:28:40,513
but, obviously,
637
00:28:40,537 --> 00:28:44,387
this... does put us in a tricky position.
638
00:28:44,411 --> 00:28:46,345
So what do we do?
639
00:28:46,369 --> 00:28:48,347
What do you do? What happens now?
640
00:28:48,710 --> 00:28:50,175
We go to court.
641
00:28:50,199 --> 00:28:51,350
What does that mean?
642
00:28:52,005 --> 00:28:53,700
We are calling Ralph to the stand,
643
00:28:53,724 --> 00:28:56,094
and we've strongly advised him
to tell the truth.
644
00:28:56,118 --> 00:28:57,356
The rest is up to him.
645
00:28:57,380 --> 00:28:58,966
He doesn't have to talk about the money,
646
00:28:58,990 --> 00:29:01,142
and I'm not gonna ask him
about it, but everything else,
647
00:29:01,166 --> 00:29:02,492
he's got to fess up.
648
00:29:02,516 --> 00:29:04,885
It's his only chance
to win over that jury.
649
00:29:04,909 --> 00:29:08,019
And if the other side finds out
650
00:29:08,043 --> 00:29:11,501
he left the prison knowing
his wife and kids were safe?
651
00:29:11,525 --> 00:29:12,699
And we have to assume they will.
652
00:29:12,723 --> 00:29:16,070
And they ask him about it
before we do? We are cooked.
653
00:29:16,094 --> 00:29:18,072
He's going to prison for 20 years.
654
00:29:18,096 --> 00:29:21,032
And as an ex-prison guard,
he won't last 20 minutes.
655
00:29:22,360 --> 00:29:24,037
And what about my sister?
656
00:29:24,712 --> 00:29:27,038
If Ralph tells the truth,
won't everyone realize she lied
657
00:29:27,062 --> 00:29:28,431
on the stand? What about her?
658
00:29:28,455 --> 00:29:31,085
Like I said, this has put us
in a tricky position,
659
00:29:31,109 --> 00:29:33,044
but at the end of the day,
660
00:29:33,068 --> 00:29:34,820
your brother-in-law
did not kill those men.
661
00:29:34,844 --> 00:29:37,048
Now, the warden's testimony
662
00:29:37,072 --> 00:29:38,919
strongly suggests
663
00:29:38,943 --> 00:29:40,747
that even if he had been there
all by himself,
664
00:29:40,771 --> 00:29:42,488
it's unlikely that
he would have been able to move
665
00:29:42,512 --> 00:29:44,882
those people quickly enough
to make a difference.
666
00:29:44,906 --> 00:29:47,493
We just have to hope,
between Ralph's truthfulness
667
00:29:47,517 --> 00:29:50,057
and what I know will be a
668
00:29:50,081 --> 00:29:52,399
very stirring closing argument,
669
00:29:52,914 --> 00:29:55,022
the jury will be able to see that.
670
00:29:59,228 --> 00:30:01,867
Your Honor, the defense
would like to call Ralph Kelly
671
00:30:01,891 --> 00:30:03,465
to the stand.
672
00:30:03,489 --> 00:30:06,146
Mr. Kelly, how long have you been
673
00:30:06,170 --> 00:30:08,257
a guard at Blackwood Correctional?
674
00:30:08,281 --> 00:30:11,173
- Uh, just under four years.
- Okay.
675
00:30:11,197 --> 00:30:12,740
And forgive me for getting
personal, but how much
676
00:30:12,764 --> 00:30:15,608
are you paid for being
a correctional officer
677
00:30:15,632 --> 00:30:16,744
at Blackwood?
678
00:30:16,768 --> 00:30:18,180
Objection. Relevance?
679
00:30:18,204 --> 00:30:19,747
Mr. Colón?
680
00:30:19,771 --> 00:30:23,141
Your Honor, Mr. Kelly is being
charged with manslaughter
681
00:30:23,165 --> 00:30:24,969
in the deaths of two men.
682
00:30:25,515 --> 00:30:27,755
I think it's important
for the jury to understand
683
00:30:27,779 --> 00:30:29,887
just where he sits in the pecking order
684
00:30:29,911 --> 00:30:31,759
of the people who work
at this private prison.
685
00:30:31,783 --> 00:30:34,370
And I think his salary
might offer the jury
686
00:30:34,394 --> 00:30:36,527
a real-world indicator of that.
687
00:30:37,752 --> 00:30:38,990
Objection overruled.
688
00:30:39,014 --> 00:30:41,950
The witness may answer the question.
689
00:30:41,974 --> 00:30:43,952
$18.50 an hour.
690
00:30:44,284 --> 00:30:46,041
Started at $11.40 an hour
691
00:30:46,065 --> 00:30:48,894
- when I was first hired.
- Wow.
692
00:30:50,499 --> 00:30:52,047
And-and are you,
693
00:30:52,584 --> 00:30:56,921
as a matter of course, ever left
in sole charge of the prison?
694
00:30:57,923 --> 00:31:01,056
Actually, the-the day of the
hurricane was the first time.
695
00:31:03,386 --> 00:31:04,973
I feel the wind starting to shift.
696
00:31:04,997 --> 00:31:06,148
How's the weather where you are?
697
00:31:06,172 --> 00:31:08,498
Well... nobody is switching sides yet,
698
00:31:08,522 --> 00:31:10,935
but their engagement is high.
699
00:31:10,959 --> 00:31:13,405
- They want to hear what he has to say.
- So, normally,
700
00:31:13,429 --> 00:31:16,375
making life-and-death decisions
isn't a part of your job?
701
00:31:16,399 --> 00:31:19,161
Life or death? No.
702
00:31:19,185 --> 00:31:22,599
Uh, making sure everyone
behaves, people take their meds,
703
00:31:22,623 --> 00:31:25,428
eat their meals, stay in
the areas they're assigned to,
704
00:31:25,452 --> 00:31:28,039
that's pretty much what we do...
what-what I do.
705
00:31:28,870 --> 00:31:32,435
So, if you're not normally
in a position of oversight
706
00:31:32,459 --> 00:31:34,002
at Blackwood, who is?
707
00:31:34,026 --> 00:31:36,395
Who's normally giving the orders?
708
00:31:36,419 --> 00:31:40,138
Well, uh, normally, there's the warden.
709
00:31:40,162 --> 00:31:42,663
And at other times there's
one of the deputy wardens.
710
00:31:42,687 --> 00:31:44,012
And there's always the home office.
711
00:31:44,036 --> 00:31:46,405
I mean, if-if you can't locate
someone above you,
712
00:31:46,429 --> 00:31:47,929
you can always call them.
713
00:31:47,953 --> 00:31:50,148
Except during the hurricane.
714
00:31:50,172 --> 00:31:51,410
Uh, their... the phones were down.
715
00:31:51,434 --> 00:31:52,673
Okay.
716
00:31:52,697 --> 00:31:55,806
So, u-uh, the wardens,
the deputy wardens,
717
00:31:55,830 --> 00:31:57,678
uh, where were they?
718
00:31:57,702 --> 00:31:59,027
I don't know.
719
00:31:59,051 --> 00:32:01,595
I, uh, I came in to work
and they weren't there.
720
00:32:01,619 --> 00:32:03,466
And why do you think that is?
721
00:32:03,490 --> 00:32:04,989
You think they were concerned
about the weather?
722
00:32:05,013 --> 00:32:07,122
You think they were concerned
about their families?
723
00:32:07,146 --> 00:32:09,037
Objection. He's asking
the witness to speculate.
724
00:32:09,061 --> 00:32:10,952
I'll withdraw the question, Your Honor.
725
00:32:10,976 --> 00:32:14,082
So the hurricane changes direction,
726
00:32:14,675 --> 00:32:17,045
and one by one,
your guards start to leave.
727
00:32:17,069 --> 00:32:19,310
Rushing home to their families,
but not you?
728
00:32:20,046 --> 00:32:24,139
Well, uh, I was the guy that was
there for the longest.
729
00:32:24,163 --> 00:32:27,055
So... uh, in-in a way,
I was the most senior.
730
00:32:27,079 --> 00:32:30,515
Not senior enough to stop
anybody from going, but...
731
00:32:30,539 --> 00:32:33,714
But you had a very pregnant wife at home.
732
00:32:33,738 --> 00:32:35,498
And two small children.
733
00:32:36,146 --> 00:32:39,502
I know, but still, it was my job.
734
00:32:39,526 --> 00:32:41,722
And-and I liked my job.
735
00:32:41,746 --> 00:32:45,464
Mm-hmm. So what changed your mind?
736
00:32:46,448 --> 00:32:49,077
When you got that phone
call from your wife?
737
00:32:49,101 --> 00:32:52,147
Here we go. Our "make it
or break it" moment.
738
00:32:57,500 --> 00:32:58,739
Mr. Kelly?
739
00:32:58,763 --> 00:33:02,699
Wasn't it the moment your wife
called you and pleaded with you
740
00:33:02,723 --> 00:33:05,073
to come home and rescue her
and the children?
741
00:33:07,946 --> 00:33:11,055
Kristen called, but it wasn't about that.
742
00:33:14,474 --> 00:33:17,228
I'm sorry, I'm-I'm confused.
743
00:33:17,825 --> 00:33:20,238
Your wife testified two days ago
744
00:33:20,262 --> 00:33:24,112
that she called you and pleaded
with you to come home.
745
00:33:24,136 --> 00:33:28,203
I know. And that's partly true.
746
00:33:28,531 --> 00:33:30,659
She wanted me to go to the house,
747
00:33:31,578 --> 00:33:33,164
but not to get her and the kids.
748
00:33:33,188 --> 00:33:36,414
They'd already been rescued.
They were at a hotel.
749
00:33:36,801 --> 00:33:38,604
Order.
750
00:33:40,021 --> 00:33:41,520
Please keep your hands and arms
inside the vehicle
751
00:33:41,544 --> 00:33:43,261
at all times and remain seated.
752
00:33:43,285 --> 00:33:44,654
Hang on to your personal belongings,
753
00:33:44,678 --> 00:33:46,177
especially your hat.
754
00:33:46,201 --> 00:33:47,613
The ride could get turbulent.
755
00:33:47,637 --> 00:33:50,345
Are you saying your wife lied
to the court?
756
00:33:51,680 --> 00:33:56,057
I'm saying that m-my wife
757
00:33:56,081 --> 00:33:59,277
said what she felt she needed
to say to keep me out of prison.
758
00:33:59,301 --> 00:34:02,280
It's not her fault.
759
00:34:02,607 --> 00:34:05,351
She just wanted me to be around
to see my newborn.
760
00:34:06,520 --> 00:34:10,532
I know it sounds crazy, but we had
761
00:34:11,183 --> 00:34:13,868
some things in the garage.
762
00:34:14,316 --> 00:34:16,468
Things that meant everything to us.
763
00:34:16,492 --> 00:34:18,128
And, normally,
764
00:34:18,152 --> 00:34:20,081
I-it would have only been
25 minutes each way
765
00:34:20,105 --> 00:34:21,386
to the house and back.
766
00:34:21,410 --> 00:34:23,867
I figured it would be fine. Uh...
767
00:34:23,891 --> 00:34:26,870
They had pumps, backup generators.
768
00:34:26,894 --> 00:34:29,090
The prison was dry as a bone when I left.
769
00:34:30,385 --> 00:34:32,334
I made it to the house fine.
770
00:34:33,118 --> 00:34:35,640
And I got...
771
00:34:36,251 --> 00:34:38,518
what I needed to out of the garage.
772
00:34:39,211 --> 00:34:43,104
And then when I headed back
to the prison, trees were down.
773
00:34:43,128 --> 00:34:45,191
And power lines.
774
00:34:45,739 --> 00:34:47,195
The road was blocked.
775
00:34:47,219 --> 00:34:49,588
- Hmm.
- I couldn't get through.
776
00:34:49,612 --> 00:34:50,864
No one could.
777
00:34:53,094 --> 00:34:54,826
Those men...
778
00:34:57,795 --> 00:35:00,188
...I see their faces all the time.
779
00:35:03,626 --> 00:35:06,755
Moose worked as the chapel orderly.
780
00:35:07,139 --> 00:35:08,899
He said it gave him peace.
781
00:35:09,023 --> 00:35:10,783
And Thomas?
782
00:35:10,807 --> 00:35:12,802
He just got his GED.
783
00:35:13,898 --> 00:35:15,430
I knew them.
784
00:35:16,335 --> 00:35:19,893
I swear to you,
I-I would never have left if...
785
00:35:23,298 --> 00:35:24,514
Thank you.
786
00:35:24,538 --> 00:35:26,357
No further questions, Your Honor.
787
00:35:30,845 --> 00:35:32,987
Let's take a 20-minute recess.
788
00:35:43,928 --> 00:35:45,340
All right.
789
00:35:45,364 --> 00:35:49,121
So I thought we should
just step out and grab
790
00:35:49,464 --> 00:35:51,520
a breath of fresh air before
we have to go back in there
791
00:35:51,544 --> 00:35:53,478
and hear that the last week of our lives
792
00:35:53,502 --> 00:35:55,219
has been a total waste of time.
793
00:35:55,243 --> 00:35:57,049
- You're awfully sure of yourself.
- Eh, I've been doing this
794
00:35:57,073 --> 00:35:58,282
a long time.
795
00:35:58,306 --> 00:36:01,443
Faces change, not the rules.
796
00:36:01,467 --> 00:36:03,619
You need all 12 jurors
for a guilty verdict.
797
00:36:03,643 --> 00:36:05,600
You don't have them.
798
00:36:05,624 --> 00:36:07,536
I'd be surprised if you got half.
799
00:36:07,560 --> 00:36:08,885
- Half?
- Come on.
800
00:36:08,909 --> 00:36:10,278
These jurors get it.
801
00:36:10,302 --> 00:36:12,976
Kid's been hung out to dry
because the real bosses,
802
00:36:13,000 --> 00:36:14,941
the people who should have been
there calling the shots,
803
00:36:14,941 --> 00:36:16,527
were too busy hiding in their McMansions
804
00:36:16,551 --> 00:36:20,096
and hoping the hurricane
didn't take out their yachts.
805
00:36:20,120 --> 00:36:21,793
Best you're gonna do here is a mistrial,
806
00:36:21,817 --> 00:36:23,577
which means we get to do this
all over again
807
00:36:23,601 --> 00:36:25,144
in six months or so.
808
00:36:25,168 --> 00:36:27,233
Waste more of the taxpayers'
money, more of my time,
809
00:36:27,257 --> 00:36:28,713
more of your time.
810
00:36:28,737 --> 00:36:31,150
Meanwhile, the kid can't get
a job to support his family,
811
00:36:31,174 --> 00:36:33,849
and the taxpayers
get to take care of that, too.
812
00:36:33,873 --> 00:36:36,235
- That's not what this trial is about.
- Well,
813
00:36:36,259 --> 00:36:38,070
I'm sorry to be the one
to break it to you,
814
00:36:38,094 --> 00:36:39,506
but he didn't kill those men.
815
00:36:39,530 --> 00:36:42,264
And that will still be true
the next time we try this,
816
00:36:42,288 --> 00:36:45,077
and the time after that
and the time after that.
817
00:36:45,101 --> 00:36:48,037
The only thing this kid's
guilty of is poor judgment.
818
00:36:48,398 --> 00:36:50,866
And getting his wife to lie for him.
819
00:36:50,890 --> 00:36:53,129
And working for people
who are only too happy
820
00:36:53,153 --> 00:36:56,045
to throw him under the bus,
and then drive over him
821
00:36:56,531 --> 00:36:58,177
if it will keep them from having to bear
822
00:36:58,201 --> 00:36:59,788
any personal responsibility.
823
00:36:59,812 --> 00:37:01,964
So what is it that you want me to do?
824
00:37:01,988 --> 00:37:06,040
I want you to call the game off,
on account of rain.
825
00:37:06,819 --> 00:37:08,385
Drop the charges.
826
00:37:09,822 --> 00:37:13,149
Let everybody go home,
put their lives back together.
827
00:37:13,173 --> 00:37:17,917
Put their houses back together,
have their babies.
828
00:37:21,094 --> 00:37:24,551
Before the prosecution
cross-examines the witness,
829
00:37:24,575 --> 00:37:26,916
counsel has asked for a brief meeting
830
00:37:26,940 --> 00:37:28,425
in the judge's chambers.
831
00:37:28,449 --> 00:37:29,905
I'm going to call another short
832
00:37:29,929 --> 00:37:32,298
adjournment and ask
that the jury be returned
833
00:37:32,322 --> 00:37:35,562
to the jury room
until such time as I can signal
834
00:37:35,586 --> 00:37:37,129
that we're ready to resume.
835
00:37:44,508 --> 00:37:45,858
Of course.
836
00:38:03,353 --> 00:38:05,941
Assuming all of us can come
to a meeting of the minds
837
00:38:05,965 --> 00:38:08,561
on a few minor details,
838
00:38:08,962 --> 00:38:10,983
we are going to walk back
into that courtroom
839
00:38:11,008 --> 00:38:12,594
and the judge is going to announce
840
00:38:12,619 --> 00:38:15,163
that the district attorney's
office has decided to withdraw
841
00:38:15,188 --> 00:38:17,103
the manslaughter charge against you.
842
00:38:20,327 --> 00:38:23,741
What? Oh, my God. U-Uh...
843
00:38:23,765 --> 00:38:25,656
Dr. Bull, h-how do we ever thank you?
844
00:38:25,680 --> 00:38:27,163
You don't.
845
00:38:27,725 --> 00:38:31,077
I didn't do this for you.
I did it for Taylor.
846
00:38:34,167 --> 00:38:36,188
And for those babies you have
847
00:38:36,212 --> 00:38:38,066
and the baby you're having.
848
00:38:38,091 --> 00:38:40,758
And I did it because
while I think you behaved
849
00:38:40,782 --> 00:38:43,152
like a selfish jackass... both of you...
850
00:38:43,888 --> 00:38:46,764
I don't believe
you are actually responsible
851
00:38:46,788 --> 00:38:49,399
for those men losing their lives. Now...
852
00:38:50,436 --> 00:38:52,397
...let me ask you something.
853
00:38:52,794 --> 00:38:54,598
How much do you think
854
00:38:54,622 --> 00:38:57,443
a big-ass second chance
like that is worth?
855
00:39:01,148 --> 00:39:03,169
I think $50,000.
856
00:39:03,413 --> 00:39:06,349
$25,000 each to the families
of the men who perished.
857
00:39:06,373 --> 00:39:07,853
How's that sound to you?
858
00:39:09,205 --> 00:39:10,540
Uh...
859
00:39:12,031 --> 00:39:13,797
That sounds like
the bargain of a lifetime.
860
00:39:13,821 --> 00:39:16,504
Hmm. Well said.
861
00:39:17,210 --> 00:39:20,624
Now, how about we go
back into that court,
862
00:39:20,648 --> 00:39:23,594
hear the good news for ourselves?
863
00:39:31,746 --> 00:39:34,022
Can I at least thank you?
864
00:39:35,228 --> 00:39:36,794
It's a free country.
865
00:39:37,839 --> 00:39:39,152
Thank you.
866
00:39:39,841 --> 00:39:42,037
I think you just saved someone's life.
867
00:39:42,905 --> 00:39:44,387
And when I think about
868
00:39:44,411 --> 00:39:47,303
my sister and my niece and nephew,
869
00:39:47,327 --> 00:39:52,699
my future niece or nephew...
maybe a lot of people's lives.
870
00:39:53,332 --> 00:39:55,391
I'm incredibly grateful.
871
00:39:55,415 --> 00:39:57,462
Good. I like that.
872
00:39:57,728 --> 00:40:00,272
Anything that makes it easier to exploit
873
00:40:00,296 --> 00:40:02,215
and take unfair advantage
of the people who work for me,
874
00:40:02,239 --> 00:40:04,148
I'm all for it.
875
00:40:04,172 --> 00:40:06,923
Wow. You can't just say
"you're welcome," can you?
876
00:40:06,947 --> 00:40:09,640
Okay. Wait a second. Let me try.
877
00:40:10,752 --> 00:40:12,928
Nah. What for?
878
00:40:15,224 --> 00:40:16,544
You coming?
66334
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