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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:00,917 --> 00:00:02,585 In the criminal justice system 2 00:00:02,627 --> 00:00:03,712 the people are represented 3 00:00:03,753 --> 00:00:05,964 by two separate yet equally important groups: 4 00:00:06,006 --> 00:00:07,757 the police, who investigate crime 5 00:00:07,799 --> 00:00:10,135 and the district attorneys, who prosecute the offenders. 6 00:00:10,176 --> 00:00:11,803 These are their stories. 7 00:00:15,140 --> 00:00:17,767 Got a bunch of newjacks coming in this afternoon. 8 00:00:17,809 --> 00:00:18,768 Glad it's not my shift. 9 00:00:18,810 --> 00:00:20,478 Amen. Nothing I hate more... 10 00:00:21,813 --> 00:00:22,772 Back off! 11 00:00:22,814 --> 00:00:24,274 Everybody, stay where you are! 12 00:00:25,483 --> 00:00:26,776 You stay there. 13 00:00:26,818 --> 00:00:27,527 Lock it down. 14 00:00:27,569 --> 00:00:29,821 Everybody line up on the wall! 15 00:00:29,863 --> 00:00:31,072 Against the walls! 16 00:00:31,114 --> 00:00:32,949 Everybody line up! 17 00:00:32,991 --> 00:00:34,075 Nobody move! 18 00:00:34,117 --> 00:00:35,285 I got one down here. 19 00:00:35,326 --> 00:00:36,453 I need a medic. 20 00:00:36,494 --> 00:00:37,954 We need a medic in the hallway. 21 00:00:37,996 --> 00:00:39,789 Son of a bitch stabbed me! 22 00:00:39,831 --> 00:00:41,124 Who di...? Who was it? 23 00:00:41,166 --> 00:00:43,335 Son of a bitch! 24 00:00:43,376 --> 00:00:44,753 Radson. 25 00:00:44,794 --> 00:00:45,962 Who is it? 26 00:00:46,004 --> 00:00:47,464 Alejo. 27 00:00:47,505 --> 00:00:48,798 Dead. 28 00:00:48,840 --> 00:00:51,051 M.E. says 29 00:00:51,092 --> 00:00:52,886 one well-placed stab to the heart 30 00:00:52,927 --> 00:00:55,096 and death would have been instantaneous. 31 00:00:55,138 --> 00:00:56,765 Luck or skill, I wonder. 32 00:00:56,806 --> 00:00:58,183 One or the other. 33 00:00:58,224 --> 00:01:00,143 We found this on the floor. 34 00:01:00,185 --> 00:01:01,978 We marked the location. 35 00:01:02,020 --> 00:01:03,313 Any idea who belongs to it? 36 00:01:03,355 --> 00:01:04,731 We're working on that. 37 00:01:04,773 --> 00:01:05,690 Rafael Alejo? 38 00:01:05,732 --> 00:01:06,941 If it had to be somebody. 39 00:01:06,983 --> 00:01:07,776 Head of the Latin Lobos. 40 00:01:07,817 --> 00:01:09,861 I thought he was bolted down in Attica 41 00:01:09,903 --> 00:01:10,820 till the next ice age. 42 00:01:10,862 --> 00:01:12,822 He killed some guy that touched his weights. 43 00:01:12,864 --> 00:01:14,324 Judge moved the trial down here. 44 00:01:14,366 --> 00:01:15,492 Now we got him. 45 00:01:15,533 --> 00:01:17,494 What about the other guy who got stabbed? 46 00:01:17,535 --> 00:01:18,495 Hector Diaz. 47 00:01:18,536 --> 00:01:19,954 Yeah, he a Lobo, too? 48 00:01:19,996 --> 00:01:20,997 File says he joined 49 00:01:21,039 --> 00:01:21,998 a couple of years ago 50 00:01:22,040 --> 00:01:23,541 but he was moving up pretty fast. 51 00:01:23,583 --> 00:01:24,501 Maybe too fast. 52 00:01:24,542 --> 00:01:25,794 I don't know. 53 00:01:25,835 --> 00:01:27,671 That's your job to find out 54 00:01:27,712 --> 00:01:28,963 isn't it? 55 00:01:29,005 --> 00:01:30,382 Well, the hours aren't that good 56 00:01:30,423 --> 00:01:33,510 but you sure meet a lot of interesting people. 57 00:02:25,103 --> 00:02:26,229 Right there. 58 00:02:26,271 --> 00:02:28,732 That's Diaz in the white shirt... 59 00:02:28,773 --> 00:02:31,151 and here's Alejo not too far behind. 60 00:02:31,192 --> 00:02:32,777 We've watched it four times. 61 00:02:32,819 --> 00:02:35,113 We can't tell from this what started the fight 62 00:02:35,155 --> 00:02:35,739 or who did the stabbing. 63 00:02:35,780 --> 00:02:37,532 What about the other camera? 64 00:02:37,574 --> 00:02:38,700 There's a blind spot. 65 00:02:38,742 --> 00:02:39,784 Place is full of them. 66 00:02:39,826 --> 00:02:41,161 No doubt the inmates know 67 00:02:41,202 --> 00:02:42,620 where the blind spots are. 68 00:02:42,662 --> 00:02:43,580 Mm-hmm. 69 00:02:43,621 --> 00:02:44,539 They know everything. 70 00:02:44,581 --> 00:02:46,124 What's Hector Diaz in for? 71 00:02:46,166 --> 00:02:47,000 Assault 72 00:02:47,042 --> 00:02:49,836 on a police officer-- a Detective Quinn. 73 00:02:49,878 --> 00:02:51,254 So, where'd the shank come from? 74 00:02:51,296 --> 00:02:53,131 We should 75 00:02:53,173 --> 00:02:54,883 have found it. 76 00:02:54,924 --> 00:02:57,177 You can't kick us any harder than we're kicking ourselves. 77 00:02:57,218 --> 00:02:59,596 They in contact with each other? 78 00:02:59,637 --> 00:03:00,764 Diaz and Alejo? 79 00:03:00,805 --> 00:03:01,931 Don't see how. 80 00:03:01,973 --> 00:03:03,641 Diaz is in general population. 81 00:03:03,683 --> 00:03:06,144 Alejo's locked down in the segregation unit. 82 00:03:06,186 --> 00:03:08,146 How'd they end up in the corridor at the same time? 83 00:03:08,188 --> 00:03:09,272 Guard 2: Move these guys around 84 00:03:09,314 --> 00:03:10,273 Anything can happen. 85 00:03:10,315 --> 00:03:13,151 A CO is hung up, can't release a gate in time. 86 00:03:13,193 --> 00:03:15,653 You're waiting, someone shows up 87 00:03:15,737 --> 00:03:16,821 on his way to somewhere else. 88 00:03:16,863 --> 00:03:17,739 You want to control it 89 00:03:17,781 --> 00:03:21,117 but sometimes it gets away from you. 90 00:03:21,159 --> 00:03:22,994 Okay, Diaz, somebody stabs you 91 00:03:23,036 --> 00:03:23,995 and you don't see anything? 92 00:03:24,079 --> 00:03:25,705 Yeah. 93 00:03:25,747 --> 00:03:27,874 Alejo come after you, or you go after him? 94 00:03:27,916 --> 00:03:29,000 Neither one. 95 00:03:29,042 --> 00:03:30,752 We got a shank dripping with blood. 96 00:03:30,794 --> 00:03:32,545 We going to turn up your prints on it? 97 00:03:32,587 --> 00:03:34,047 You do, and you let me know. 98 00:03:34,089 --> 00:03:35,965 Until then, get your black nose out of my ass. 99 00:03:37,592 --> 00:03:39,177 Am I going to have to conduct 100 00:03:39,219 --> 00:03:41,346 a race relations workshop with you? 101 00:03:41,388 --> 00:03:43,723 Oh, you just got yourself written up. 102 00:03:43,765 --> 00:03:45,683 Might as well make it an advanced workshop. 103 00:03:45,725 --> 00:03:49,729 No more ignorant remarks, Hector. 104 00:03:51,231 --> 00:03:53,650 I knew Rafael Alejo 105 00:03:53,692 --> 00:03:55,068 when I was in the gang unit. 106 00:03:55,110 --> 00:03:55,944 The guy's the worst. 107 00:03:55,985 --> 00:03:57,862 I'm glad we took him down when we did. 108 00:03:57,904 --> 00:03:58,863 What'd you get him for? 109 00:03:58,905 --> 00:04:01,074 He put out a hit on one of his lieutenants. 110 00:04:01,116 --> 00:04:02,033 The shooter took out the target 111 00:04:02,075 --> 00:04:04,160 the target's wife, and the wife's sister. 112 00:04:04,202 --> 00:04:05,203 Isn't that against the rules? 113 00:04:05,245 --> 00:04:07,163 Mm-hmm, which is why Alejo killed the shooter. 114 00:04:07,205 --> 00:04:08,581 That's the one we got him for 115 00:04:08,623 --> 00:04:10,542 although he's racked up a few more since then. 116 00:04:10,583 --> 00:04:12,293 Why are you thinking Hector Diaz killed him? 117 00:04:12,335 --> 00:04:14,087 Mainly their position in the hallway. 118 00:04:14,129 --> 00:04:15,088 What's the motive? 119 00:04:15,130 --> 00:04:16,214 As long as he's alive 120 00:04:16,256 --> 00:04:18,091 Alejo's on top, in prison or out. 121 00:04:18,133 --> 00:04:19,926 Now, somebody wanted to get rid of him 122 00:04:19,968 --> 00:04:22,053 and, uh, it looks like Diaz got the assignment. 123 00:04:23,638 --> 00:04:24,931 Thanks. 124 00:04:24,973 --> 00:04:27,726 The prints on the shank found at the scene 125 00:04:27,767 --> 00:04:29,019 are too smudged to ID. 126 00:04:29,060 --> 00:04:31,229 All right, right now we're guessing. 127 00:04:31,271 --> 00:04:33,064 Check with the gang unit. 128 00:04:33,106 --> 00:04:35,108 See if you can get something concrete. 129 00:04:35,150 --> 00:04:37,861 We haven't been on the Lobos much 130 00:04:37,902 --> 00:04:39,070 since Alejo went away. 131 00:04:39,112 --> 00:04:40,196 He was the big problem. 132 00:04:40,238 --> 00:04:43,033 The others are small time, not worth the manpower. 133 00:04:43,074 --> 00:04:44,951 Why'd Diaz go after Detective Quinn? 134 00:04:44,993 --> 00:04:46,119 They ran into each other. 135 00:04:46,161 --> 00:04:48,121 Hey, let's go, man, you're late. 136 00:04:48,163 --> 00:04:50,081 Quinn collared him a couple of times. 137 00:04:50,123 --> 00:04:51,291 Diaz decided to get even. 138 00:04:51,333 --> 00:04:52,917 Who knows with these guys? 139 00:04:52,959 --> 00:04:54,085 Maybe he was on the pipe. 140 00:04:54,127 --> 00:04:57,088 Who took over as jefe when Alejo went upstate? 141 00:04:57,130 --> 00:04:59,007 Nobody. 142 00:04:59,049 --> 00:05:02,218 Without Alejo, these clowns can't organize a sock drawer. 143 00:05:02,260 --> 00:05:04,137 Maybe Diaz thought he could take over. 144 00:05:04,179 --> 00:05:05,096 No idea. 145 00:05:05,138 --> 00:05:06,931 Is it worth asking Quinn? 146 00:05:06,973 --> 00:05:07,807 Detective Quinn's 147 00:05:07,849 --> 00:05:10,769 on medical leave till... who knows when. 148 00:05:10,810 --> 00:05:11,936 It was three weeks ago. 149 00:05:12,020 --> 00:05:13,271 How bad did he get hurt? 150 00:05:13,313 --> 00:05:14,898 Bad. 151 00:05:14,939 --> 00:05:17,609 Maybe Diaz is your guy, but you know Alejo, eh? 152 00:05:17,651 --> 00:05:20,653 He had enough enemies to populate a small country. 153 00:05:20,695 --> 00:05:21,821 Sorry I can't help. 154 00:05:21,863 --> 00:05:23,156 Thanks, Avarro. 155 00:05:23,198 --> 00:05:25,241 So, we're going to have to talk to every inmate 156 00:05:25,283 --> 00:05:28,244 in Rikers, and not one of them is going to tell us a thing. 157 00:05:28,286 --> 00:05:30,080 Avarro's not being straight with us. 158 00:05:30,121 --> 00:05:32,248 Would Avarro have any reason to lie to you? 159 00:05:32,290 --> 00:05:33,416 To him, information is power. 160 00:05:33,458 --> 00:05:35,251 He likes to keep it in the family. 161 00:05:35,293 --> 00:05:36,836 And you're not family anymore. 162 00:05:36,878 --> 00:05:38,296 I got a friend from the old days 163 00:05:38,338 --> 00:05:41,341 I can talk to. 164 00:05:41,383 --> 00:05:42,384 I got a nephew... 165 00:05:42,425 --> 00:05:43,802 What's this one need? 166 00:05:43,843 --> 00:05:45,804 He's selling hot dogs down on Astor Place. 167 00:05:45,845 --> 00:05:47,472 Cops keep hassling him over nothing-- 168 00:05:47,514 --> 00:05:49,724 uh, an expired tax stamp, peddler's permit... 169 00:05:49,724 --> 00:05:50,850 They keep this up 170 00:05:50,892 --> 00:05:52,435 he's going to be doing burglaries again. 171 00:05:52,477 --> 00:05:54,646 All right, I'll talk to my summons guy at the Ninth. 172 00:05:54,688 --> 00:05:55,814 Is that cool? 173 00:05:55,855 --> 00:05:59,025 Yeah. 174 00:05:59,067 --> 00:06:03,154 Look, all I know about Diaz is Alejo really liked him style. 175 00:06:03,196 --> 00:06:05,198 He was moving him up pretty fast. 176 00:06:05,240 --> 00:06:07,325 So Alejo put Diaz in charge when he went away? 177 00:06:07,367 --> 00:06:08,868 No way. 178 00:06:08,910 --> 00:06:11,162 Alejo was running the gang till the day he died. 179 00:06:11,204 --> 00:06:12,872 He busted his butt for about a year 180 00:06:12,914 --> 00:06:15,500 trying to break into the big-time distribution, you know? 181 00:06:15,542 --> 00:06:17,794 Well, how the hell is Alejo going to run things 182 00:06:17,836 --> 00:06:19,337 when's he's on lockdown in Attica? 183 00:06:19,379 --> 00:06:22,090 No unmonitored phone calls, or letters, no visitors. 184 00:06:22,132 --> 00:06:25,343 Except from his lawyer? 185 00:06:25,385 --> 00:06:26,219 According to my informant 186 00:06:26,261 --> 00:06:28,388 the drug deal that Alejo was working on 187 00:06:28,430 --> 00:06:29,264 was worth a couple mil 188 00:06:29,305 --> 00:06:31,057 and then Alejo's lawyer was the point man 189 00:06:31,099 --> 00:06:32,016 arranging everything. 190 00:06:32,058 --> 00:06:34,686 Any indication Diaz moved in on the deal? 191 00:06:34,769 --> 00:06:36,062 Well, the CI doesn't know 192 00:06:36,104 --> 00:06:38,023 but he did say that Diaz is ambitious 193 00:06:38,064 --> 00:06:39,274 and has whatever it takes. 194 00:06:39,315 --> 00:06:42,319 So we're thinking Diaz knew Alejo was going to be at Rikers 195 00:06:42,360 --> 00:06:44,863 and got himself arrested so he could kill Alejo 196 00:06:44,904 --> 00:06:47,032 and take over his half of the proceeds. 197 00:06:47,073 --> 00:06:49,200 But he could have gotten himself collared 198 00:06:49,284 --> 00:06:50,869 for kicking the detective's shin. 199 00:06:50,910 --> 00:06:52,203 Why'd he bust him up so bad? 200 00:06:52,245 --> 00:06:53,371 Payback. 201 00:06:53,413 --> 00:06:54,706 Drug deal go down yet? 202 00:06:54,789 --> 00:06:55,915 Nope. 203 00:06:55,957 --> 00:06:57,208 Your CI know the time or place? 204 00:06:57,250 --> 00:06:58,918 He said the lawyer was the only one 205 00:06:58,960 --> 00:07:00,086 that knew the details. 206 00:07:00,128 --> 00:07:01,046 Yeah. Benson White. 207 00:07:01,087 --> 00:07:03,089 We checked with the State Bar Association. 208 00:07:03,131 --> 00:07:04,883 The guy should have been disbarred by now. 209 00:07:04,924 --> 00:07:08,136 Well, if Diaz killed Alejo for half a share 210 00:07:08,178 --> 00:07:12,015 Mr. White may be a dead man for the other half. 211 00:07:14,309 --> 00:07:17,103 I don't know any Hector Diaz. 212 00:07:17,145 --> 00:07:18,396 My client was Rafael Alejo. 213 00:07:18,438 --> 00:07:19,856 He's dead, end of story. 214 00:07:19,898 --> 00:07:21,983 Yeah, except for the $2 million delivery 215 00:07:21,983 --> 00:07:23,151 you two set up. 216 00:07:23,193 --> 00:07:25,403 If I had $2 million, I'd be on Crete 217 00:07:25,445 --> 00:07:28,156 playing strip backgammon with Helen of Troy. 218 00:07:28,198 --> 00:07:29,240 Well, we'll check in next week-- 219 00:07:29,282 --> 00:07:30,408 see if you're still alive. 220 00:07:30,450 --> 00:07:33,328 You think you'll remember him when he's stabbing you? 221 00:07:33,328 --> 00:07:35,121 Your concern is touching. 222 00:07:35,163 --> 00:07:38,291 I still don't know Hector Diaz. 223 00:07:38,333 --> 00:07:40,293 How reliable is your informant? 224 00:07:40,335 --> 00:07:42,796 He's been wrong, but he's never lied to me. 225 00:07:42,837 --> 00:07:45,840 You think this guy's lying about not knowing Diaz? 226 00:07:45,882 --> 00:07:46,841 I don't know. 227 00:07:46,883 --> 00:07:48,343 Would a lawyer lie? 228 00:07:48,343 --> 00:07:49,969 It's a first time for everything. 229 00:07:50,011 --> 00:07:51,221 Let's talk to Diaz again. 230 00:07:51,262 --> 00:07:53,932 Maybe you ought to pick up a little something, something 231 00:07:53,973 --> 00:07:55,558 let him know you're sorry about last time. 232 00:07:55,600 --> 00:07:58,269 Don't worry, Lennie, I'll be nice. 233 00:07:58,353 --> 00:08:00,605 Diaz, Hector: made bail yesterday. 234 00:08:00,647 --> 00:08:02,273 1400 hours, $150,000. 235 00:08:02,357 --> 00:08:05,860 I guess the price of assaulting a cop's gone up. 236 00:08:05,902 --> 00:08:07,195 Who posted the bond? 237 00:08:07,237 --> 00:08:11,241 A party name of Benson White. 238 00:08:18,373 --> 00:08:20,333 Your CI's good. 239 00:08:20,375 --> 00:08:23,169 I don't think it was that hard for him to find Diaz. 240 00:08:23,211 --> 00:08:24,462 Apparently, he was bragging 241 00:08:24,546 --> 00:08:25,255 all over town 242 00:08:25,296 --> 00:08:27,257 he put a detective in the hospital. 243 00:08:29,884 --> 00:08:31,845 Want to pick him up? 244 00:08:31,886 --> 00:08:34,097 Why not? 245 00:08:41,438 --> 00:08:43,189 He can't be hungry again already. 246 00:08:43,231 --> 00:08:45,483 Security Council meeting? 247 00:08:45,525 --> 00:08:48,611 Let's find out. 248 00:08:50,405 --> 00:08:52,449 Take the back. 249 00:08:56,494 --> 00:08:58,079 You got kielbasa? 250 00:08:58,079 --> 00:09:00,040 Polish sausage. 251 00:09:03,585 --> 00:09:04,711 Police! 252 00:09:04,753 --> 00:09:06,504 Open up! 253 00:09:06,546 --> 00:09:08,923 What's your hurry? 254 00:09:08,965 --> 00:09:11,259 Ah, ah, ah, right over here. 255 00:09:11,301 --> 00:09:13,470 Who else is in the back? 256 00:09:13,511 --> 00:09:15,263 You got a warrant? 257 00:09:15,305 --> 00:09:17,140 I don't need a warrant. 258 00:09:17,182 --> 00:09:20,226 What I have is exigent circumstances. 259 00:09:20,268 --> 00:09:21,561 Wouldn't you agree? 260 00:09:22,437 --> 00:09:25,523 All right, stand up, nice and slow. 261 00:09:25,565 --> 00:09:28,401 put your hands on top of your head. 262 00:09:28,443 --> 00:09:31,488 Don't move! 263 00:09:37,577 --> 00:09:39,371 Detective Green. 264 00:09:39,412 --> 00:09:41,373 Detective Quinn. 265 00:09:41,414 --> 00:09:42,999 This is Quinn? 266 00:09:45,460 --> 00:09:47,087 Detective Diaz, I presume. 267 00:09:47,128 --> 00:09:49,547 I guess I got to take the cuffs off. 268 00:09:49,589 --> 00:09:52,175 Don't fall all over yourself apologizing. 269 00:09:52,217 --> 00:09:54,344 Don't worry about it. 270 00:09:57,430 --> 00:09:59,182 These idiots came close to blowing two years 271 00:09:59,224 --> 00:10:00,183 of undercover work. 272 00:10:00,225 --> 00:10:01,184 These idiots? 273 00:10:01,226 --> 00:10:04,562 What about you not giving us a heads-up 274 00:10:04,604 --> 00:10:06,856 when you knew we were investigating one of your people? 275 00:10:06,898 --> 00:10:09,109 It was too big a risk and you know it. 276 00:10:09,150 --> 00:10:09,943 All right 277 00:10:09,985 --> 00:10:12,737 it's not like we're cops or anything. 278 00:10:12,779 --> 00:10:14,239 Not like I wasn't in the gang unit 279 00:10:14,280 --> 00:10:15,490 for two-and-a-half years. 280 00:10:15,490 --> 00:10:16,408 Well, you're not in it now. 281 00:10:16,449 --> 00:10:18,785 I operate on a strict need-to-know basis. 282 00:10:18,827 --> 00:10:20,578 People's lives depend on that. 283 00:10:20,620 --> 00:10:22,998 Don't you dare lecture us 284 00:10:22,998 --> 00:10:26,167 on what people's lives depend on. 285 00:10:26,209 --> 00:10:29,379 These detectives did need to know 286 00:10:29,421 --> 00:10:31,214 you didn't tell them 287 00:10:31,256 --> 00:10:34,092 and because of that we wasted days 288 00:10:34,134 --> 00:10:36,636 thinking Diaz was the killer. 289 00:10:36,678 --> 00:10:38,179 I still haven't heard anything 290 00:10:38,221 --> 00:10:39,597 that proves he's not. 291 00:10:39,639 --> 00:10:40,890 Diaz didn't kill that puke. 292 00:10:40,932 --> 00:10:42,392 Well, can he tell us who did 293 00:10:42,434 --> 00:10:43,935 or would he rather not say? 294 00:10:43,977 --> 00:10:45,061 He has no idea. 295 00:10:45,103 --> 00:10:49,065 One more day, we'd have been all over that drug delivery. 296 00:10:49,107 --> 00:10:51,067 We'd have shut the Lobos down. 297 00:10:56,990 --> 00:10:57,907 Quinn told us 298 00:10:57,949 --> 00:10:58,908 that Diaz's job was 299 00:10:58,950 --> 00:11:01,494 to find the time and the place of the drug deal. 300 00:11:01,536 --> 00:11:03,121 The gang unit dummied up his arrest 301 00:11:03,163 --> 00:11:05,123 so he could get close to Alejo in Rikers. 302 00:11:05,165 --> 00:11:07,250 Yeah. 303 00:11:07,292 --> 00:11:09,127 Look, this came from the M.E. 304 00:11:09,169 --> 00:11:11,296 The metal bolt found at the scene 305 00:11:11,337 --> 00:11:12,714 doesn't match the wound. 306 00:11:12,756 --> 00:11:15,091 The murder weapon is still out there. 307 00:11:18,845 --> 00:11:21,806 How often do you search the place? 308 00:11:21,848 --> 00:11:22,974 Let's put it this way: 309 00:11:23,016 --> 00:11:25,185 It's not an infrequent occurrence. 310 00:11:25,226 --> 00:11:26,519 And you find everything, right? 311 00:11:26,561 --> 00:11:27,437 Everything. 312 00:11:27,479 --> 00:11:30,940 Drugs, liquor, cooktops, steam irons... 313 00:11:30,982 --> 00:11:32,025 How the hell do they 314 00:11:32,067 --> 00:11:33,526 manage to bring in steam irons? 315 00:11:33,568 --> 00:11:34,527 They manage. 316 00:11:34,569 --> 00:11:35,445 Captain. 317 00:11:35,487 --> 00:11:36,613 22 so far. 318 00:11:36,654 --> 00:11:38,114 22 shanks? 319 00:11:38,156 --> 00:11:40,283 In a variety of sizes and styles. 320 00:11:40,325 --> 00:11:43,620 We'll bag them and tag them and send them to the M.E. 321 00:11:46,247 --> 00:11:48,249 The M.E. says that's the murder weapon 322 00:11:48,291 --> 00:11:50,960 wiped clean, no prints. 323 00:11:51,002 --> 00:11:53,797 Yeah, it was found in the Central Punitive Segregation unit 324 00:11:53,838 --> 00:11:55,507 cell of inmate Daniel M. Kiley. 325 00:11:55,548 --> 00:11:57,217 The only inmate from CPSU 326 00:11:57,258 --> 00:12:00,553 who was in the visit area was Alejo. 327 00:12:00,595 --> 00:12:02,263 You know, this shank could have been 328 00:12:02,305 --> 00:12:03,640 passed around a dozen times 329 00:12:03,682 --> 00:12:04,474 since the murder. 330 00:12:04,516 --> 00:12:06,142 Well, we'd like to talk to Kiley. 331 00:12:06,184 --> 00:12:09,104 Be my guest. 332 00:12:09,145 --> 00:12:11,022 I didn't know the weapon was in there. 333 00:12:11,064 --> 00:12:12,691 Nobody passed it to you to hide? 334 00:12:12,732 --> 00:12:14,359 Your friend deaf? 335 00:12:14,401 --> 00:12:16,319 How long you been in that cell? 336 00:12:16,361 --> 00:12:18,613 Five weeks. 337 00:12:18,613 --> 00:12:21,366 One hour a day in the yard, the occasional shower... 338 00:12:21,408 --> 00:12:23,284 otherwise, in the cell. 339 00:12:23,284 --> 00:12:26,079 They ever double you up with anybody? 340 00:12:26,121 --> 00:12:28,206 Frequently. 341 00:12:28,248 --> 00:12:29,290 According to the records 342 00:12:29,332 --> 00:12:31,793 September 17, it was Judd Larson? 343 00:12:31,835 --> 00:12:32,877 Yes. 344 00:12:32,919 --> 00:12:34,963 What a dear, sweet man. 345 00:12:35,004 --> 00:12:36,715 I think it's been almost a year 346 00:12:36,756 --> 00:12:38,383 since he killed anyone. 347 00:12:38,425 --> 00:12:39,968 The day Alejo was killed 348 00:12:40,009 --> 00:12:41,678 did Larson go to the visit room? 349 00:12:41,720 --> 00:12:43,972 Yes, he did. 350 00:12:44,014 --> 00:12:45,682 And no, I don't know who it was to see 351 00:12:45,724 --> 00:12:47,225 and no, I didn't ask him. 352 00:12:47,267 --> 00:12:49,686 Did you notice anything unusual when he got back? 353 00:12:49,728 --> 00:12:50,895 He was bleeding. 354 00:12:50,937 --> 00:12:53,315 Not that that's overly unusual. 355 00:12:53,315 --> 00:12:54,566 Bleeding, where? 356 00:12:54,607 --> 00:12:55,400 His arm. 357 00:12:55,442 --> 00:12:58,111 Who escorted him to the visit room? 358 00:13:01,239 --> 00:13:02,365 There wasn't any paperwork 359 00:13:02,407 --> 00:13:03,992 because it was a last-minute visit. 360 00:13:04,034 --> 00:13:05,785 Larson's attorney called to set it up. 361 00:13:05,827 --> 00:13:06,995 I did the paperwork later. 362 00:13:06,995 --> 00:13:08,246 This is the list 363 00:13:08,288 --> 00:13:10,123 you gave us of the inmates in the hallway. 364 00:13:10,165 --> 00:13:11,541 There's no Judd Larson on here. 365 00:13:11,583 --> 00:13:12,584 You said you wanted 366 00:13:12,625 --> 00:13:14,044 the gang members who were there. 367 00:13:14,085 --> 00:13:16,087 Could Judd Larson have killed Alejo? 368 00:13:16,171 --> 00:13:17,881 I don't see how-- I was with him. 369 00:13:17,922 --> 00:13:18,923 His cellmate said he had 370 00:13:18,965 --> 00:13:19,883 a cut on his arm. 371 00:13:19,924 --> 00:13:20,884 The infirmary had no record 372 00:13:20,925 --> 00:13:21,885 of it being treated. 373 00:13:21,926 --> 00:13:24,179 I didn't see it, and he didn't tell me about it. 374 00:13:24,220 --> 00:13:26,139 Well, did you search him before you took him 375 00:13:26,181 --> 00:13:27,974 back to the segregation unit? 376 00:13:28,016 --> 00:13:31,352 In a situation like that, we frisk everybody. 377 00:13:31,352 --> 00:13:32,896 You did frisk him, right, Pete? 378 00:13:32,937 --> 00:13:34,606 I gave him a quick pat-down. 379 00:13:34,648 --> 00:13:37,901 I wanted to get him out of there and back to the CPSU 380 00:13:37,942 --> 00:13:40,236 Thank you, Officer Bennett. That'll be all. 381 00:13:40,278 --> 00:13:43,239 What's Larson's story? 382 00:13:43,281 --> 00:13:44,991 He's doing natural life at Sing Sing. 383 00:13:45,033 --> 00:13:47,285 He came here to Manhattan for a court appearance. 384 00:13:47,327 --> 00:13:49,954 Any contact between Larson and Alejo before the murder? 385 00:13:50,038 --> 00:13:51,790 Not likely, Alejo was segregated. 386 00:13:51,831 --> 00:13:53,083 Well, how did Larson know that Alejo 387 00:13:53,124 --> 00:13:54,459 would be in the visit area? 388 00:13:54,501 --> 00:13:56,002 Inmate grapevine-- I don't know. 389 00:13:56,044 --> 00:13:58,755 Well, according to this, Larson called his attorney 390 00:13:58,797 --> 00:14:00,673 the day before the murder. 391 00:14:00,715 --> 00:14:02,926 Bennett said the lawyer called at the last minute 392 00:14:02,967 --> 00:14:03,718 to request a visit. 393 00:14:03,760 --> 00:14:05,345 Yeah, Larson called her to come out 394 00:14:05,387 --> 00:14:06,971 she called to make the arrangements. 395 00:14:07,013 --> 00:14:08,431 I mean, so what? 396 00:14:08,473 --> 00:14:10,934 So, did he really need to see his lawyer 397 00:14:10,975 --> 00:14:12,936 or was this some scam to get Larson 398 00:14:12,977 --> 00:14:14,896 in the same room with Alejo? 399 00:14:14,896 --> 00:14:18,483 You'll have to ask Larson. 400 00:14:18,525 --> 00:14:20,985 Larson's in for killing his wife. 401 00:14:21,027 --> 00:14:23,029 He stabbed her 14 times. 402 00:14:23,071 --> 00:14:24,614 Before that, he did eight years 403 00:14:24,656 --> 00:14:25,990 for stabbing some guy outside a bar. 404 00:14:26,032 --> 00:14:27,450 What's his connection with Alejo? 405 00:14:27,492 --> 00:14:29,119 The only thing that we could find 406 00:14:29,160 --> 00:14:30,912 is that they were at Sing Sing together 407 00:14:30,954 --> 00:14:31,955 a couple of years ago. 408 00:14:31,996 --> 00:14:32,956 Yeah, we called up there. 409 00:14:32,998 --> 00:14:34,332 They're checking the records. 410 00:14:34,374 --> 00:14:35,333 Larson's cellmate 411 00:14:35,375 --> 00:14:36,167 at Rikers said that he 412 00:14:36,251 --> 00:14:38,044 had a cut on his arm when he came back 413 00:14:38,086 --> 00:14:39,796 from the visit area. 414 00:14:39,838 --> 00:14:42,340 The metal bolt that was found at the scene 415 00:14:42,382 --> 00:14:43,341 had blood on it, yes? 416 00:14:43,383 --> 00:14:44,342 We sent it to the lab 417 00:14:44,384 --> 00:14:45,844 to see if the blood-type 418 00:14:45,885 --> 00:14:46,678 matches Larson's. 419 00:14:46,761 --> 00:14:48,722 Well, you know what to do if it does. 420 00:14:54,936 --> 00:14:56,187 Larson and Alejo were here 421 00:14:56,229 --> 00:14:58,315 at the same time, two years ago. 422 00:14:58,356 --> 00:15:00,817 From April 20 to July 8, when 423 00:15:00,859 --> 00:15:03,153 we transferred Alejo to Attica. 424 00:15:03,194 --> 00:15:05,030 Any incidents between them? 425 00:15:05,071 --> 00:15:07,991 Alejo had incidents with a lot of people. 426 00:15:08,033 --> 00:15:10,994 What was the one between him and Larson? 427 00:15:13,079 --> 00:15:17,459 Uh, "July 7, 1998, inmate Alejo claimed 428 00:15:17,500 --> 00:15:19,836 "inmate Larson received more than the allotted 429 00:15:19,878 --> 00:15:22,005 "three waffles at breakfast. 430 00:15:23,089 --> 00:15:26,051 "A fight ensued in the mess hall. 431 00:15:26,092 --> 00:15:28,845 "Inmate Larson slammed inmate Alejo into the wall 432 00:15:28,887 --> 00:15:30,847 "and informed him that an upward thrust 433 00:15:30,889 --> 00:15:32,766 "under the third button from the top 434 00:15:32,807 --> 00:15:34,142 "would puncture the heart 435 00:15:34,184 --> 00:15:36,186 and cause immediate death." 436 00:15:36,227 --> 00:15:37,854 Larson made shanks? 437 00:15:37,896 --> 00:15:40,065 We've taken, uh... 438 00:15:40,106 --> 00:15:43,234 31 of them off him over the years. 439 00:15:43,276 --> 00:15:45,362 We take his privileges away, keeplock him-- 440 00:15:45,403 --> 00:15:47,113 nothing makes a bit of difference. 441 00:15:47,155 --> 00:15:48,198 He ever threaten Alejo 442 00:15:48,239 --> 00:15:49,741 other than that one time? 443 00:15:49,824 --> 00:15:51,242 Never got the chance. 444 00:15:51,284 --> 00:15:54,704 The next day Alejo was shipped out. 445 00:15:58,375 --> 00:15:59,334 Judd Larson? 446 00:15:59,376 --> 00:16:01,169 Since you're outside my cell 447 00:16:01,169 --> 00:16:04,130 I have to assume you know what my name is. 448 00:16:04,172 --> 00:16:06,091 And I have to assume you know why we're here. 449 00:16:06,174 --> 00:16:07,467 So, why don't you just stand up 450 00:16:07,509 --> 00:16:09,094 and let's get this over with, huh? 451 00:16:09,135 --> 00:16:11,346 Where am I being transported to? 452 00:16:11,388 --> 00:16:13,056 Rikers, all right? 453 00:16:13,098 --> 00:16:14,140 You're under arrest 454 00:16:14,182 --> 00:16:15,725 for the murder of Raphael Alejo. 455 00:16:15,767 --> 00:16:18,061 You like Rikers, right, Larson? 456 00:16:18,103 --> 00:16:21,147 I like it fine. 457 00:16:25,610 --> 00:16:27,362 You can't tie the weapon to Mr. Larson. 458 00:16:27,404 --> 00:16:28,738 Nobody saw anything. 459 00:16:28,780 --> 00:16:30,448 You've got a hallway full of people 460 00:16:30,532 --> 00:16:32,283 who could have done it. 461 00:16:32,325 --> 00:16:33,952 You'll never even get an indictment. 462 00:16:34,035 --> 00:16:36,121 You're aware you'll be facing the death penalty? 463 00:16:36,204 --> 00:16:39,499 Will we be done in time for lunch in the mess hall 464 00:16:39,541 --> 00:16:42,794 or will I be provided with my meal in here? 465 00:16:42,836 --> 00:16:44,796 We'll be done in plenty of time. 466 00:16:44,879 --> 00:16:47,549 You want to save the state the time 467 00:16:47,590 --> 00:16:48,800 and expense of a trial 468 00:16:48,842 --> 00:16:50,427 I'll see what I can do for you. 469 00:16:50,468 --> 00:16:53,596 It's not my expense. 470 00:16:53,638 --> 00:16:55,390 And I got nothing but time. 471 00:16:57,642 --> 00:16:58,935 Give it up, Mr. McCoy. 472 00:16:58,977 --> 00:16:59,978 You have no case. 473 00:17:02,397 --> 00:17:03,815 Let's find out how he knew 474 00:17:03,857 --> 00:17:05,650 Alejo would be in the visit room. 475 00:17:05,734 --> 00:17:06,776 An inmate named Soriano 476 00:17:06,818 --> 00:17:09,779 seems to have been the flash point for the trouble. 477 00:17:09,821 --> 00:17:12,949 He says a C.O. shoved him, knocking him into another inmate 478 00:17:12,991 --> 00:17:14,993 who took offense and started swinging. 479 00:17:15,035 --> 00:17:16,494 Shoved him deliberately? 480 00:17:16,536 --> 00:17:17,620 So he says. 481 00:17:17,662 --> 00:17:19,456 No reason to lie about that 482 00:17:19,497 --> 00:17:20,957 unless he started it himself. 483 00:17:20,999 --> 00:17:22,834 He's five-four, 120 pounds. 484 00:17:22,917 --> 00:17:24,753 Why would he start anything? 485 00:17:24,794 --> 00:17:26,880 The disturbance was staged to cover the crime. 486 00:17:26,921 --> 00:17:28,923 I'd say it's a distinct possibility. 487 00:17:28,965 --> 00:17:30,884 By whom? 488 00:17:30,925 --> 00:17:32,677 The C.O. who escorted Larson 489 00:17:32,719 --> 00:17:33,678 to the visit room? 490 00:17:33,720 --> 00:17:34,888 Peter Bennett. 491 00:17:34,929 --> 00:17:37,474 You looked at his personnel file? 492 00:17:37,515 --> 00:17:38,975 Captain Webber wouldn't let me. 493 00:17:39,017 --> 00:17:39,934 He cited confidentiality 494 00:17:39,934 --> 00:17:41,519 of employee records. 495 00:17:41,561 --> 00:17:43,605 Get a subpoena. 496 00:17:44,939 --> 00:17:46,858 This is a fishing expedition, Your Honor. 497 00:17:46,900 --> 00:17:50,362 Officer Bennett escorted inmate Larson to the visit room. 498 00:17:50,403 --> 00:17:52,572 There've been allegations he created the disturbance 499 00:17:52,614 --> 00:17:53,865 that allowed Larson to get to Alejo. 500 00:17:53,907 --> 00:17:56,660 Allegations made by whom? 501 00:17:56,701 --> 00:17:58,036 An inmate looking to get even. 502 00:17:58,119 --> 00:17:59,704 I'm duty bound to investigate 503 00:17:59,788 --> 00:18:02,040 even allegations made by inmates. 504 00:18:02,082 --> 00:18:03,917 Judge Bourke: At this point, you have nothing 505 00:18:03,958 --> 00:18:06,461 that links Officer Bennett to the crime, is that right? 506 00:18:06,503 --> 00:18:07,462 What I have 507 00:18:07,462 --> 00:18:08,380 is purely circumstantial 508 00:18:08,463 --> 00:18:09,798 and a long ways from sufficient 509 00:18:09,798 --> 00:18:11,883 to make a case. 510 00:18:11,925 --> 00:18:12,675 Then why are we here? 511 00:18:12,717 --> 00:18:14,386 What I'm looking for is the ability 512 00:18:14,469 --> 00:18:15,595 to further investigate 513 00:18:15,637 --> 00:18:19,516 what may, or may not have been Officer Bennett's role. 514 00:18:19,557 --> 00:18:22,560 Well, I see nothing unduly burdensome in that. 515 00:18:22,644 --> 00:18:24,938 The administration at Rikers Island is instructed 516 00:18:24,980 --> 00:18:26,606 to turn over the requested documents 517 00:18:26,648 --> 00:18:28,608 to the District Attorney's office forthwith. 518 00:18:28,650 --> 00:18:29,984 How long 519 00:18:29,984 --> 00:18:31,611 will your clients need, Mr. Granick? 520 00:18:31,653 --> 00:18:32,570 72 hours, minimum. 521 00:18:32,654 --> 00:18:35,073 If Rikers is short of clerks 522 00:18:35,115 --> 00:18:37,409 I can pull the file and copy it myself, Your Honor. 523 00:18:37,492 --> 00:18:39,828 And we have a solution. 524 00:18:51,089 --> 00:18:53,341 Should I just keep the originals here? 525 00:18:53,341 --> 00:18:55,093 Sure. 526 00:18:59,514 --> 00:19:00,974 Excuse me. 527 00:19:09,691 --> 00:19:11,067 Thanks for your help. 528 00:19:11,109 --> 00:19:12,444 Any time. 529 00:19:17,782 --> 00:19:19,826 Bennett worked the Segregation Unit 530 00:19:19,868 --> 00:19:21,995 three of the five days preceding the murder. 531 00:19:22,037 --> 00:19:23,413 So, he had the opportunity 532 00:19:23,455 --> 00:19:24,497 to chat with Larson. 533 00:19:24,539 --> 00:19:25,582 And Officer Philip McNaught 534 00:19:25,623 --> 00:19:27,792 was assigned to escort Larson to the visit room. 535 00:19:27,876 --> 00:19:29,711 Bennett replaced him at the last minute 536 00:19:29,753 --> 00:19:31,629 at Bennett's request. 537 00:19:31,671 --> 00:19:32,964 Does it say why? 538 00:19:33,048 --> 00:19:35,050 No. 539 00:19:35,091 --> 00:19:36,926 I'm getting a lot of nasty calls 540 00:19:36,968 --> 00:19:38,803 from the Department of Corrections. 541 00:19:38,887 --> 00:19:41,639 How sure are we that an officer's involved? 542 00:19:41,681 --> 00:19:44,142 Well, Larson carried a shank 543 00:19:44,184 --> 00:19:46,770 from the CPSU to the visit room and back. 544 00:19:46,811 --> 00:19:49,022 Officer Bennett failed to discover the weapon 545 00:19:49,064 --> 00:19:50,231 either before or after the murder. 546 00:19:50,273 --> 00:19:54,152 Even though searches were mandated by the circumstances. 547 00:19:54,194 --> 00:19:55,987 Bennett also failed to identify Larson 548 00:19:56,071 --> 00:19:59,574 to the police as being one of the inmates at the scene. 549 00:19:59,574 --> 00:20:00,659 It's arguable 550 00:20:00,700 --> 00:20:02,786 although not yet provable 551 00:20:02,827 --> 00:20:04,871 that Bennett started the disturbance. 552 00:20:04,913 --> 00:20:06,498 What's his motive? 553 00:20:06,539 --> 00:20:07,707 Don't know yet. 554 00:20:07,749 --> 00:20:09,209 We're not getting much cooperation 555 00:20:09,250 --> 00:20:11,127 from the Department of Corrections. 556 00:20:11,169 --> 00:20:14,130 No, they've circled the wagons. 557 00:20:14,172 --> 00:20:16,383 Well, the D.O.C.'s not running 558 00:20:16,424 --> 00:20:17,926 its own little fiefdom over there. 559 00:20:17,967 --> 00:20:20,178 If they won't cooperate, hit them with more subpoenas. 560 00:20:23,932 --> 00:20:25,683 Why would Bennett want Alejo dead? 561 00:20:25,767 --> 00:20:28,436 I talked to Alejo's relatives, my C.I. 562 00:20:28,478 --> 00:20:29,688 None of them heard of Bennett. 563 00:20:29,729 --> 00:20:32,691 Bennett had a habit of switching assignments 564 00:20:32,774 --> 00:20:34,859 shifts, days off, holiday time. 565 00:20:34,901 --> 00:20:36,528 So does half the squad here. 566 00:20:36,611 --> 00:20:37,946 Take a look at their duty rosters. 567 00:20:37,988 --> 00:20:40,949 Every shift change for the past year 568 00:20:40,990 --> 00:20:43,993 put him with an Officer Donahue. 569 00:20:44,035 --> 00:20:45,537 Angela Donahue? 570 00:20:45,578 --> 00:20:47,831 Yeah. 571 00:20:47,872 --> 00:20:49,624 I saw her name in Alejo's case file. 572 00:20:49,666 --> 00:20:51,126 When she was at Attica, he raped her. 573 00:20:52,627 --> 00:20:54,754 Okay, we're sure Bennett and her were involved. 574 00:20:54,796 --> 00:20:56,548 It's not just a coincidence 575 00:20:56,589 --> 00:20:57,465 him changing his shifts. 576 00:20:57,507 --> 00:21:00,135 Pull Bennett's LUDS and credit card data. 577 00:21:00,176 --> 00:21:01,886 We'll need a subpoena. 578 00:21:01,928 --> 00:21:03,054 I'll get you a subpoena. 579 00:21:03,096 --> 00:21:05,724 Officer Donahue? 580 00:21:05,807 --> 00:21:06,850 Yep. 581 00:21:06,891 --> 00:21:07,976 I'm Abbie Carmichael 582 00:21:07,976 --> 00:21:10,520 from the Manhattan District Attorney's Office. 583 00:21:10,562 --> 00:21:12,564 What can I do for you? 584 00:21:12,605 --> 00:21:15,817 We have information that you and Peter Bennett 585 00:21:15,817 --> 00:21:18,862 are romantically involved with each other. 586 00:21:18,903 --> 00:21:20,155 That's none of your business. 587 00:21:22,574 --> 00:21:25,577 I'm doing what I have to do, Officer. 588 00:21:25,660 --> 00:21:26,870 Why? 589 00:21:26,911 --> 00:21:28,913 Because Raphael Alejo got killed? 590 00:21:28,955 --> 00:21:30,081 No. 591 00:21:30,123 --> 00:21:31,750 All you have to do with this one 592 00:21:31,791 --> 00:21:34,461 is throw dirt on him and forget he ever lived. 593 00:21:34,502 --> 00:21:35,962 We know you worked at Attica 594 00:21:36,004 --> 00:21:37,922 and we know what Alejo did to you. 595 00:21:37,964 --> 00:21:39,966 No stone unturned, right? 596 00:21:40,008 --> 00:21:43,762 He had Alejo killed because of what he did to you. 597 00:21:43,845 --> 00:21:44,679 Look, as far as I know 598 00:21:44,721 --> 00:21:46,931 it was one inmate stabbing another. 599 00:21:46,973 --> 00:21:48,683 Peter had nothing to do with it. 600 00:21:50,310 --> 00:21:53,938 If Peter would plead guilty to a lesser charge 601 00:21:53,980 --> 00:21:54,773 we'd be open to discussing 602 00:21:54,814 --> 00:21:56,608 a considerable reduction in his sentence. 603 00:21:56,650 --> 00:21:58,735 You want me to talk him into it? 604 00:21:58,777 --> 00:22:00,528 As of now 605 00:22:00,528 --> 00:22:01,780 he may be charged with murder for hire. 606 00:22:01,863 --> 00:22:03,656 That carries a possible death sentence. 607 00:22:03,698 --> 00:22:04,824 At a minimum, 25-to-life. 608 00:22:04,866 --> 00:22:09,162 Yeah, well, shame on you for that. 609 00:22:13,792 --> 00:22:15,126 Alejo's attack on Ms. Donahue was brutal. 610 00:22:15,168 --> 00:22:16,795 It took her a long time to recover 611 00:22:16,878 --> 00:22:18,963 both physically, and emotionally. 612 00:22:19,005 --> 00:22:21,299 So, Bennett sees himself as the white knight? 613 00:22:21,341 --> 00:22:24,636 Well, Briscoe and Green dug up three incidents 614 00:22:24,719 --> 00:22:26,930 where Bennett decked guys for hitting on Donahue. 615 00:22:26,971 --> 00:22:28,973 Two in a bar, one at a ball game. 616 00:22:29,057 --> 00:22:32,102 So, he had Alejo killed to avenge her honor. 617 00:22:32,143 --> 00:22:33,978 Can't say it's never happened before. 618 00:22:34,020 --> 00:22:35,313 And to sell this to a jury 619 00:22:35,355 --> 00:22:39,150 we have Judd Larson, sociopath and murderer. 620 00:22:39,192 --> 00:22:42,821 Who Bennett knew when they were both upstate at Attica. 621 00:22:42,862 --> 00:22:44,656 I believe Bennett set it up, Jack. 622 00:22:44,698 --> 00:22:46,324 Will anyone else? 623 00:22:46,366 --> 00:22:48,660 I don't know. 624 00:22:49,828 --> 00:22:50,996 What does Bennett say? 625 00:22:51,079 --> 00:22:52,580 Bennett's not talking. 626 00:22:53,832 --> 00:22:55,583 Let's see what we can get out of Larson. 627 00:22:58,169 --> 00:23:00,130 Mr. Larson can't confirm or deny 628 00:23:00,171 --> 00:23:02,632 your suspicions about Officer Bennett. 629 00:23:02,674 --> 00:23:03,633 He doesn't know anything 630 00:23:03,675 --> 00:23:04,926 about who killed Raphael Alejo. 631 00:23:04,926 --> 00:23:05,844 We're way past that, Ms. Aaronson. 632 00:23:05,885 --> 00:23:08,138 We don't think we're past anything. 633 00:23:08,179 --> 00:23:10,015 We don't think you have a case. 634 00:23:10,056 --> 00:23:12,934 I have a 17-year-old son. 635 00:23:15,311 --> 00:23:17,021 He's incarcerated at Coxsackie. 636 00:23:17,063 --> 00:23:19,107 I'd like him transferred to Hudson. 637 00:23:19,149 --> 00:23:21,192 Can I have a moment with my client, please? 638 00:23:21,276 --> 00:23:22,402 If he stays where he is 639 00:23:22,444 --> 00:23:25,697 the same thing that happened to me will happen to him. 640 00:23:25,739 --> 00:23:27,866 Arrange for a transfer and I'll testify. 641 00:23:27,907 --> 00:23:28,908 To what? 642 00:23:28,950 --> 00:23:30,035 Wait a second. 643 00:23:30,076 --> 00:23:30,952 Before he says anything 644 00:23:30,994 --> 00:23:32,829 take the death penalty off the table. 645 00:23:32,871 --> 00:23:34,164 Since he's already a lifer 646 00:23:34,205 --> 00:23:36,207 that would be one murder free. 647 00:23:36,249 --> 00:23:39,002 Do what I'm asking with my son. 648 00:23:39,044 --> 00:23:41,713 If I can use what you tell me 649 00:23:41,796 --> 00:23:43,131 you have a deal. 650 00:23:43,173 --> 00:23:46,676 Bennett told me they'd go easy on my boy 651 00:23:46,718 --> 00:23:48,887 if I'd fix a problem for him. 652 00:23:48,928 --> 00:23:52,182 What exactly did Mr. Bennett ask you to do? 653 00:23:52,223 --> 00:23:56,811 What I said-- fix Alejo. 654 00:24:01,983 --> 00:24:02,942 Next case. 655 00:24:02,984 --> 00:24:04,069 Indictment number 20561-- 656 00:24:04,110 --> 00:24:07,155 People v. Peter Bennett, murder in the second degree. 657 00:24:17,707 --> 00:24:18,750 Mr. Granick. 658 00:24:18,792 --> 00:24:20,210 Your Honor, it's my understanding 659 00:24:20,251 --> 00:24:21,586 that Correction Officer Bennett 660 00:24:21,628 --> 00:24:23,129 was transported to the courthouse. 661 00:24:23,171 --> 00:24:25,423 Beyond that, I have no idea 662 00:24:25,465 --> 00:24:27,258 as to his whereabouts. 663 00:24:27,342 --> 00:24:28,259 The defendant 664 00:24:28,301 --> 00:24:30,595 is not available at this time, Your Honor. 665 00:24:30,679 --> 00:24:31,680 We'll come back to him. 666 00:24:32,764 --> 00:24:33,723 Next case. 667 00:24:33,765 --> 00:24:34,766 No defendants 668 00:24:34,849 --> 00:24:36,559 are available, Judge. 669 00:24:36,601 --> 00:24:39,145 Excuse me? 670 00:24:39,187 --> 00:24:43,108 To show solidarity with Bennett, the officers at Rikers 671 00:24:43,149 --> 00:24:45,485 are doing everything by the book. 672 00:24:45,527 --> 00:24:47,278 Which means not handing over prisoners 673 00:24:47,362 --> 00:24:48,238 for arraignment or trial 674 00:24:48,279 --> 00:24:50,407 unless all the paperwork is done perfectly. 675 00:24:50,448 --> 00:24:53,201 How many went through? 676 00:24:53,243 --> 00:24:56,454 Well, Burman had 83 cases on his docket. 677 00:24:56,496 --> 00:24:58,164 He arraigned ten. 678 00:24:59,290 --> 00:25:00,291 It's a one-day action. 679 00:25:00,333 --> 00:25:01,251 What'll they do 680 00:25:01,292 --> 00:25:02,419 if we convict him? 681 00:25:02,460 --> 00:25:04,796 What's the likelihood of that happening? 682 00:25:04,879 --> 00:25:07,173 Let's see-- Larson's our star witness. 683 00:25:07,215 --> 00:25:08,299 He murdered three people. 684 00:25:08,341 --> 00:25:10,135 And the victim makes Larson look like Mother Teresa. 685 00:25:10,218 --> 00:25:12,262 Well, what about a plea? 686 00:25:12,303 --> 00:25:13,513 He's not interested. 687 00:25:13,555 --> 00:25:14,597 Why plead 688 00:25:14,639 --> 00:25:16,391 when you can walk? 689 00:25:20,478 --> 00:25:22,021 You're romantically involved 690 00:25:22,063 --> 00:25:23,148 with the defendant 691 00:25:23,189 --> 00:25:25,275 is that not right, Officer Donahue? 692 00:25:25,317 --> 00:25:26,484 Yes. 693 00:25:26,568 --> 00:25:29,821 Does this relationship date to when you were both working 694 00:25:29,863 --> 00:25:31,489 at Attica State Prison? 695 00:25:31,531 --> 00:25:32,324 Right. 696 00:25:32,407 --> 00:25:33,616 Which is where 697 00:25:33,658 --> 00:25:36,453 you were raped by Rafael Alejo. 698 00:25:36,494 --> 00:25:38,747 Right again. 699 00:25:38,747 --> 00:25:40,373 What was Officer Bennett's reaction 700 00:25:40,415 --> 00:25:41,374 to your being raped? 701 00:25:41,416 --> 00:25:42,792 What do you think? 702 00:25:42,834 --> 00:25:44,502 You've been qualified 703 00:25:44,544 --> 00:25:47,338 as a hostile witness, Ms. Donahue. 704 00:25:47,380 --> 00:25:51,343 There's no onus on you to prove that you're hostile. 705 00:25:51,384 --> 00:25:53,511 Please answer the question. 706 00:25:53,595 --> 00:25:54,679 He was upset. 707 00:25:54,721 --> 00:25:58,308 Officer Bennett was transferred to another facility 708 00:25:58,349 --> 00:26:01,436 immediately following the incident, wasn't he? 709 00:26:01,436 --> 00:26:04,314 A few days after what you call "the incident," yes. 710 00:26:04,356 --> 00:26:06,316 C.O.s are transferred all the time. 711 00:26:06,358 --> 00:26:08,526 Wasn't the reason it happened 712 00:26:08,568 --> 00:26:10,362 in Officer Bennett's case 713 00:26:10,445 --> 00:26:12,906 that the Prison Authority was concerned 714 00:26:12,947 --> 00:26:15,367 about him taking violent retribution 715 00:26:15,450 --> 00:26:16,701 against Rafael Alejo? 716 00:26:16,743 --> 00:26:19,204 You'd have to ask the Prison Authority. 717 00:26:19,287 --> 00:26:21,706 On March 17 of this year 718 00:26:21,748 --> 00:26:25,502 did the defendant, in your presence 719 00:26:25,543 --> 00:26:28,505 in a bar in Pearl River attack another man 720 00:26:28,546 --> 00:26:30,673 for asking to buy you a drink? 721 00:26:30,715 --> 00:26:31,883 I was propositioned. 722 00:26:31,925 --> 00:26:34,719 The guy was rude and insulting, and Officer Bennett did 723 00:26:34,761 --> 00:26:37,555 what most guys I know in that situation would do. 724 00:26:37,597 --> 00:26:40,392 Was that also the case in the stands at a Jets game 725 00:26:40,433 --> 00:26:42,519 and the parking lot of the Short Hills Mall 726 00:26:42,560 --> 00:26:43,728 both of which times 727 00:26:43,770 --> 00:26:45,355 the police were called 728 00:26:45,397 --> 00:26:48,108 and Officer Bennett led away in handcuffs? 729 00:26:48,149 --> 00:26:50,402 Officer Bennett felt it necessary to defend me. 730 00:26:50,485 --> 00:26:53,196 In each case, I feel his actions were justified. 731 00:26:53,238 --> 00:26:57,158 Are you in love with Officer Bennett, Officer Donahue? 732 00:26:58,618 --> 00:27:00,120 Yes. 733 00:27:00,161 --> 00:27:01,371 Is it fair to say 734 00:27:01,413 --> 00:27:04,416 that your answers here today are calculated 735 00:27:04,457 --> 00:27:05,625 to prevent him 736 00:27:05,667 --> 00:27:07,419 from having to go to prison? 737 00:27:07,460 --> 00:27:08,753 My answers are the truth. 738 00:27:08,795 --> 00:27:10,672 Nothing further. 739 00:27:16,803 --> 00:27:20,390 I know this is difficult, but I'd like you 740 00:27:20,432 --> 00:27:23,393 to describe the circumstances 741 00:27:23,435 --> 00:27:26,938 of your attack and rape at the hands of 742 00:27:26,980 --> 00:27:28,231 Rafael Alejo. 743 00:27:28,273 --> 00:27:29,232 Objection, your honor. 744 00:27:29,274 --> 00:27:31,776 That the rape occurred is a matter of record. 745 00:27:31,818 --> 00:27:33,445 The details of it are irrelevant 746 00:27:33,486 --> 00:27:35,363 and it can only serve to prejudice the jury 747 00:27:35,363 --> 00:27:36,406 against the murder victim. 748 00:27:36,448 --> 00:27:39,617 Your Honor, the rape was introduced into evidence 749 00:27:39,701 --> 00:27:41,161 by Mr. McCoy. 750 00:27:41,202 --> 00:27:42,704 The objection's overruled. 751 00:27:45,373 --> 00:27:46,624 Officer Donahue? 752 00:27:49,794 --> 00:27:52,756 Alejo said he had chest pains. 753 00:27:52,797 --> 00:27:55,800 I... I took him out of his cell 754 00:27:55,842 --> 00:27:59,304 and escorted him to the infirmary. 755 00:27:59,346 --> 00:28:03,141 We were on a stairwell, and he collapsed. 756 00:28:03,224 --> 00:28:05,477 I thought he was having 757 00:28:05,518 --> 00:28:09,481 a heart attack, and I leaned down 758 00:28:09,564 --> 00:28:11,483 to check for a pulse. 759 00:28:11,566 --> 00:28:15,278 When I did so, he grabbed me, he overpowered me 760 00:28:15,320 --> 00:28:16,654 and he got my radio 761 00:28:16,738 --> 00:28:18,198 away from me. 762 00:28:18,239 --> 00:28:20,742 Would you describe what happened next? 763 00:28:25,705 --> 00:28:29,501 He... he held me down. 764 00:28:29,584 --> 00:28:31,336 He ripped my pants off. 765 00:28:32,712 --> 00:28:34,339 He took my stick 766 00:28:34,381 --> 00:28:36,508 and he raped me with it. 767 00:28:37,675 --> 00:28:39,344 And the whole time 768 00:28:39,427 --> 00:28:42,972 he had this look on his face like, um... 769 00:28:43,014 --> 00:28:45,934 like it was a practical joke. 770 00:28:47,519 --> 00:28:48,937 Like it was nothing. 771 00:28:52,065 --> 00:28:55,694 Would you describe what happened in the aftermath? 772 00:28:55,735 --> 00:28:58,697 I went on disability for six months. 773 00:29:00,031 --> 00:29:02,575 The inmate was sent to solitary. 774 00:29:02,617 --> 00:29:06,329 He was tried and convicted of forcible rape. 775 00:29:06,371 --> 00:29:07,706 They added 776 00:29:07,747 --> 00:29:12,544 30 years to a life sentence, with no parole. 777 00:29:12,585 --> 00:29:15,755 Did you ever see the inmate subsequent to his trial? 778 00:29:15,797 --> 00:29:18,550 I saw him when they brought him down to Rikers. 779 00:29:18,633 --> 00:29:19,884 And what, if anything 780 00:29:19,926 --> 00:29:22,846 did he do when he saw you? 781 00:29:22,887 --> 00:29:25,557 He winked. 782 00:29:27,600 --> 00:29:30,437 Did Officer Bennett, at any time 783 00:29:30,478 --> 00:29:32,647 express a desire to kill the inmate? 784 00:29:32,689 --> 00:29:34,024 I was the one 785 00:29:34,065 --> 00:29:35,608 who wanted to kill him. 786 00:29:35,650 --> 00:29:38,820 Officer Bennett wanted me to get counseling-- 787 00:29:38,820 --> 00:29:39,904 a different job. 788 00:29:39,946 --> 00:29:43,450 He wanted me to do anything to put it behind me... 789 00:29:43,491 --> 00:29:45,869 and at night when he would wake up 790 00:29:45,910 --> 00:29:47,871 and see me sitting there crying 791 00:29:47,912 --> 00:29:50,623 he would get up and he would sit with me 792 00:29:50,665 --> 00:29:52,042 and he would hold me 793 00:29:52,083 --> 00:29:56,546 until I would fall asleep again. 794 00:29:56,588 --> 00:30:00,508 I have no further questions. 795 00:30:03,678 --> 00:30:06,097 Did you kill Rafael Alejo? 796 00:30:06,139 --> 00:30:07,599 Yes, I did. 797 00:30:07,682 --> 00:30:08,808 How did you kill him? 798 00:30:08,850 --> 00:30:10,602 I stabbed him in the chest 799 00:30:10,643 --> 00:30:11,978 with a shank. 800 00:30:12,020 --> 00:30:13,605 How did you obtain the shank? 801 00:30:13,688 --> 00:30:16,566 Officer Bennett gave it to me the night before-- 802 00:30:16,608 --> 00:30:18,485 when he asked me to kill Alejo. 803 00:30:18,526 --> 00:30:20,779 Are you in the habit of killing people 804 00:30:20,820 --> 00:30:22,447 because you're asked to? 805 00:30:22,530 --> 00:30:23,490 No, I am not. 806 00:30:23,531 --> 00:30:25,116 Why did you do it this time? 807 00:30:25,158 --> 00:30:27,619 Officer Bennett said he'd have my son transferred 808 00:30:27,702 --> 00:30:29,621 to the correctional facility at Hudson 809 00:30:29,704 --> 00:30:31,122 which I felt 810 00:30:31,164 --> 00:30:33,625 was a safer environment than where he is currently. 811 00:30:33,708 --> 00:30:34,626 Since Alejo was confined 812 00:30:34,667 --> 00:30:38,838 to his cell in a segregated housing unit 813 00:30:38,880 --> 00:30:43,426 how were you supposed to gain access to him? 814 00:30:43,468 --> 00:30:44,386 Alejo would be in a hallway 815 00:30:44,386 --> 00:30:46,471 when he was being transferred to court. 816 00:30:46,513 --> 00:30:48,640 Officer Bennett would take me down the same hallway 817 00:30:48,723 --> 00:30:49,808 and create a diversion. 818 00:30:49,891 --> 00:30:51,434 Is that, in fact, what happened? 819 00:30:51,476 --> 00:30:52,685 Yes, it is. 820 00:30:52,727 --> 00:30:55,980 Had it not been for the defendant 821 00:30:56,022 --> 00:30:59,484 could you have known that Alejo was present at Rikers? 822 00:30:59,526 --> 00:31:00,652 No. 823 00:31:00,694 --> 00:31:01,736 Had it not been 824 00:31:01,736 --> 00:31:04,489 for what the defendant agreed to do 825 00:31:04,572 --> 00:31:05,824 on behalf of your son 826 00:31:05,907 --> 00:31:07,659 would you have killed Mr. Alejo? 827 00:31:07,701 --> 00:31:09,035 No. 828 00:31:10,537 --> 00:31:11,997 Nothing further. 829 00:31:13,915 --> 00:31:16,626 You and Rafael Alejo were imprisoned at Sing Sing 830 00:31:16,668 --> 00:31:18,503 at the same time, were you not? 831 00:31:18,586 --> 00:31:19,879 Yes. 832 00:31:19,921 --> 00:31:21,548 Isn't it a fact that during 833 00:31:21,589 --> 00:31:23,508 that time, you had an altercation with Alejo 834 00:31:23,591 --> 00:31:24,676 and threatened his life? 835 00:31:24,759 --> 00:31:26,761 Yes. 836 00:31:26,803 --> 00:31:28,471 And when you got out of solitary 837 00:31:28,513 --> 00:31:29,723 was Alejo 838 00:31:29,764 --> 00:31:30,515 still at Sing Sing? 839 00:31:30,598 --> 00:31:31,599 No. 840 00:31:31,641 --> 00:31:32,684 So, Rikers Island 841 00:31:32,726 --> 00:31:34,019 was your first opportunity 842 00:31:34,060 --> 00:31:35,937 to make good on your threat, wasn't it? 843 00:31:35,937 --> 00:31:38,565 I wasn't looking for an opportunity 844 00:31:38,606 --> 00:31:40,525 to make good on my threat. 845 00:31:40,567 --> 00:31:43,987 Why were you incarcerated at Sing Sing, Mr. Larson? 846 00:31:44,029 --> 00:31:45,613 Objection, irrelevant. 847 00:31:45,655 --> 00:31:48,491 I think the jury is entitled to know 848 00:31:48,533 --> 00:31:50,618 the background of the witness, Your Honor. 849 00:31:50,618 --> 00:31:51,953 I'll allow it. 850 00:31:53,955 --> 00:31:55,707 I killed my wife. 851 00:31:55,749 --> 00:31:57,459 How'd you do that? 852 00:31:57,459 --> 00:31:58,293 I stabbed her. 853 00:31:58,335 --> 00:32:02,672 And on the very same day that you stabbed 854 00:32:02,714 --> 00:32:03,631 Mr. Alejo to death 855 00:32:03,673 --> 00:32:05,759 you also stabbed an undercover police officer 856 00:32:05,800 --> 00:32:08,511 named Hector Diaz, isn't that right? 857 00:32:08,553 --> 00:32:10,472 He got between myself 858 00:32:10,513 --> 00:32:11,681 and Alejo. 859 00:32:11,723 --> 00:32:12,891 It was unavoidable. 860 00:32:12,974 --> 00:32:15,685 So it wasn't per Mr. Bennett's request? 861 00:32:15,727 --> 00:32:16,895 No. 862 00:32:16,978 --> 00:32:18,730 You threw in a freebie. 863 00:32:18,772 --> 00:32:19,898 Objection. 864 00:32:19,939 --> 00:32:21,107 Sustained. 865 00:32:21,149 --> 00:32:22,192 I have no 866 00:32:22,233 --> 00:32:23,735 further questions. 867 00:32:23,818 --> 00:32:25,111 Redirect, Your Honor. 868 00:32:25,153 --> 00:32:27,197 Did you tell Officer Bennett 869 00:32:27,238 --> 00:32:29,824 that you had had a prior altercation 870 00:32:29,866 --> 00:32:32,452 with Rafael Alejo? 871 00:32:32,494 --> 00:32:33,370 He knew. 872 00:32:33,411 --> 00:32:35,246 He said if for some reason I got caught 873 00:32:35,288 --> 00:32:37,040 it would look like a beef between inmates. 874 00:32:37,082 --> 00:32:40,085 Did he give you any assurances in the event that occurred? 875 00:32:40,126 --> 00:32:42,921 He said he'd stick me in the arm with a shank 876 00:32:43,004 --> 00:32:44,089 then plant it on Alejo 877 00:32:44,130 --> 00:32:46,049 to make it look like self-defense. 878 00:32:46,091 --> 00:32:47,592 Is that, in fact, what he did? 879 00:32:47,634 --> 00:32:49,594 Yes, it is. 880 00:32:56,684 --> 00:32:58,812 You wouldn't last one shift at Rikers. 881 00:32:58,853 --> 00:33:00,105 No one's saying we would. 882 00:33:00,146 --> 00:33:01,606 Forget a shift. 883 00:33:01,690 --> 00:33:04,067 I'd like to see you make it through lunch. 884 00:33:04,109 --> 00:33:06,778 Take one tier of prisoners down to the mess hall 885 00:33:06,820 --> 00:33:08,780 and get them back into their cells 886 00:33:08,822 --> 00:33:10,115 without getting stabbed 887 00:33:10,198 --> 00:33:11,783 or having a riot start. 888 00:33:11,825 --> 00:33:14,119 This probably isn't a conversation 889 00:33:14,160 --> 00:33:15,954 we should be having here. 890 00:33:17,622 --> 00:33:19,499 And when I hear some prissy son-of-a-bitch 891 00:33:19,541 --> 00:33:21,626 stand in judgment 892 00:33:21,710 --> 00:33:24,003 about what we should and should not do 893 00:33:24,045 --> 00:33:26,131 it makes me want to put him in a cell 894 00:33:26,172 --> 00:33:30,093 with one of my 250- pound CPSU all-stars. 895 00:33:30,135 --> 00:33:33,096 And I'd go home, have a hot meal 896 00:33:33,138 --> 00:33:35,765 get a good night's sleep... 897 00:33:35,807 --> 00:33:40,061 and come back in the morning to watch them mop. 898 00:33:44,357 --> 00:33:46,901 I'll take the next one. 899 00:33:51,865 --> 00:33:53,658 What kind of an officer 900 00:33:53,742 --> 00:33:55,660 is Pete Bennett, Captain Webber? 901 00:33:55,702 --> 00:33:58,038 The kind you want to have work for you. 902 00:33:58,079 --> 00:33:58,872 He keeps his cool 903 00:33:58,913 --> 00:34:01,124 knows how to assert his authority-- 904 00:34:01,166 --> 00:34:02,625 dead-on dependable. 905 00:34:02,667 --> 00:34:05,211 Have you ever known Officer Bennett 906 00:34:05,253 --> 00:34:06,838 to pit one inmate 907 00:34:06,880 --> 00:34:08,006 against another 908 00:34:08,089 --> 00:34:10,300 or use one inmate to take revenge on another? 909 00:34:10,342 --> 00:34:11,551 Objection, leading. 910 00:34:11,593 --> 00:34:14,346 Sustained. 911 00:34:14,387 --> 00:34:16,139 A commendation was issued 912 00:34:16,181 --> 00:34:19,517 to Officer Bennett on March 4, 1999. 913 00:34:19,601 --> 00:34:21,603 Could you tell the court what that was for? 914 00:34:21,644 --> 00:34:23,229 We had a disturbance 915 00:34:23,271 --> 00:34:26,024 in Mod Four, Upper. 916 00:34:26,066 --> 00:34:29,152 And Pete-- Officer Bennett-- risked his life 917 00:34:29,194 --> 00:34:31,863 to rescue an inmate who was being attacked by gang members. 918 00:34:31,905 --> 00:34:33,698 Thank you, sir. 919 00:34:33,782 --> 00:34:35,033 No further questions. 920 00:34:35,116 --> 00:34:36,034 Captain Webber 921 00:34:36,076 --> 00:34:38,787 you and several other corrections officers 922 00:34:38,828 --> 00:34:40,330 testified that Mr. Bennett 923 00:34:40,372 --> 00:34:45,043 was a dedicated, conscientious, competent officer. 924 00:34:45,085 --> 00:34:46,002 That's right. 925 00:34:46,044 --> 00:34:47,337 Yet his personnel file 926 00:34:47,379 --> 00:34:49,381 shows 27 complaints against him 927 00:34:49,422 --> 00:34:51,383 none of which he was ever disciplined for. 928 00:34:51,424 --> 00:34:52,675 Making complaints 929 00:34:52,717 --> 00:34:55,053 is what inmates do, Mr. McCoy. 930 00:34:55,095 --> 00:34:58,223 It's... their recreation. 931 00:34:58,264 --> 00:35:01,226 And by the way, 27 is nothing. 932 00:35:01,267 --> 00:35:05,355 On July 7 of this year, was Officer Bennett involved 933 00:35:05,397 --> 00:35:07,399 in an incident with an inmate named Caldwell? 934 00:35:07,440 --> 00:35:11,069 Yeah, he pulled Caldwell off another inmate. 935 00:35:11,111 --> 00:35:13,697 Did Officer Bennett strike Caldwell with his baton? 936 00:35:13,738 --> 00:35:17,075 Whatever he did was not considered excessive. 937 00:35:17,117 --> 00:35:18,243 People's Four, Your Honor. 938 00:35:18,326 --> 00:35:19,953 How long was 939 00:35:19,994 --> 00:35:23,707 inmate Caldwell in the infirmary following this incident? 940 00:35:23,748 --> 00:35:26,751 Two weeks. 941 00:35:26,793 --> 00:35:30,213 Nothing further. 942 00:35:30,255 --> 00:35:33,258 Officer Bennett, why did you become a corrections officer? 943 00:35:33,299 --> 00:35:36,928 I'd like to say I had some noble purpose in mind. 944 00:35:36,970 --> 00:35:40,807 What it was, I was just out of the military 945 00:35:40,849 --> 00:35:43,226 and looking for a secure job 946 00:35:43,268 --> 00:35:45,103 and the Department of Corrections was hiring. 947 00:35:45,186 --> 00:35:46,938 That's how you got in. 948 00:35:46,980 --> 00:35:48,106 What made you stay there? 949 00:35:48,148 --> 00:35:50,025 I got to like it. 950 00:35:50,066 --> 00:35:52,318 I got to thinking that, uh... 951 00:35:52,360 --> 00:35:54,446 decent people deserve a barrier between themselves 952 00:35:54,487 --> 00:35:56,239 and the criminals who prey on them. 953 00:35:56,281 --> 00:35:58,241 I liked that I was part of that barrier. 954 00:35:58,283 --> 00:36:00,118 Have you ever struck an inmate? 955 00:36:00,160 --> 00:36:02,454 Yes, sir, when I've been attacked 956 00:36:02,495 --> 00:36:05,749 or another officer or inmate has been attacked 957 00:36:05,790 --> 00:36:06,708 I've had to respond. 958 00:36:06,750 --> 00:36:08,418 Sometimes that meant responding with force. 959 00:36:08,460 --> 00:36:14,966 Now, quite a bit has been made of your reaction 960 00:36:15,008 --> 00:36:18,261 to Mr. Alejo's rape of Officer Donahue. 961 00:36:18,303 --> 00:36:21,389 Maybe you could tell us how you felt about that? 962 00:36:23,183 --> 00:36:27,437 It's hard to put into words what I felt. 963 00:36:27,479 --> 00:36:33,818 To see someone you love have her life changed 964 00:36:33,860 --> 00:36:36,196 and not because of anything she did 965 00:36:36,237 --> 00:36:40,450 but because of something that was done to her. 966 00:36:40,492 --> 00:36:43,328 And for no reason other than this guy 967 00:36:43,411 --> 00:36:45,038 just felt like doing it. 968 00:36:45,080 --> 00:36:48,833 Have you ever thought of killing Rafael Alejo? 969 00:36:48,875 --> 00:36:50,001 Of course I did. 970 00:36:50,043 --> 00:36:52,462 Anyone close to a rape victim would like nothing better 971 00:36:52,504 --> 00:36:54,381 than to get their hands on the rapist. 972 00:36:54,422 --> 00:36:55,840 While you were working at Attica 973 00:36:55,882 --> 00:36:57,926 while he was still a prisoner then 974 00:36:57,967 --> 00:36:59,344 why didn't you kill him there? 975 00:36:59,427 --> 00:37:00,220 I wouldn't have wanted 976 00:37:00,261 --> 00:37:02,222 to jeopardize my job, my pension. 977 00:37:02,263 --> 00:37:03,181 I didn't want to go to jail. 978 00:37:03,223 --> 00:37:05,517 And even if I could have gotten away with it 979 00:37:05,558 --> 00:37:06,351 I wouldn't have. 980 00:37:06,393 --> 00:37:08,353 I've been around a lot of killers. 981 00:37:08,395 --> 00:37:11,231 It's just not something I could ever bring myself to do. 982 00:37:11,272 --> 00:37:14,818 Did you ask Judd Larson to kill Rafael Alejo? 983 00:37:14,859 --> 00:37:16,027 I did not. 984 00:37:16,111 --> 00:37:17,237 Did you give him a weapon? 985 00:37:17,278 --> 00:37:18,196 I did not. 986 00:37:18,238 --> 00:37:20,448 Did you create a diversion so that he'd have 987 00:37:20,448 --> 00:37:21,992 an opportunity to kill Rafael Alejo? 988 00:37:22,033 --> 00:37:22,951 I did not. 989 00:37:22,992 --> 00:37:25,286 Thank you, Officer Bennett. 990 00:37:31,167 --> 00:37:33,378 Did you have any conversation with Judd Larson 991 00:37:33,461 --> 00:37:34,963 while he was at Rikers? 992 00:37:35,005 --> 00:37:37,048 We talked about the Mets. 993 00:37:37,090 --> 00:37:38,758 He complained about having to share a cell. 994 00:37:38,800 --> 00:37:39,884 That was about it. 995 00:37:39,926 --> 00:37:43,388 Larson didn't tell you about his concern for his son? 996 00:37:43,430 --> 00:37:44,264 No. 997 00:37:44,305 --> 00:37:47,183 The name "Rafael Alejo" never came up? 998 00:37:47,225 --> 00:37:48,476 It did not. 999 00:37:48,476 --> 00:37:52,522 You did escort Mr. Larson from the Segregation Unit 1000 00:37:52,564 --> 00:37:54,024 to the Visit Room, did you not? 1001 00:37:54,065 --> 00:37:54,983 Yes, I did. 1002 00:37:55,025 --> 00:37:56,484 No doubt you searched him 1003 00:37:56,526 --> 00:37:58,486 before you left the Segregation Unit. 1004 00:37:58,528 --> 00:37:59,529 I did. 1005 00:37:59,571 --> 00:38:00,989 And obviously 1006 00:38:01,031 --> 00:38:03,158 you did not recover any weapon. 1007 00:38:03,158 --> 00:38:05,076 Right. 1008 00:38:05,118 --> 00:38:08,496 How do you imagine Larson managed 1009 00:38:08,496 --> 00:38:11,166 to have a weapon on him by the time he ran 1010 00:38:11,207 --> 00:38:12,375 into Alejo? 1011 00:38:12,417 --> 00:38:14,294 My guess is someone passed it to him. 1012 00:38:14,335 --> 00:38:16,087 You didn't see someone pass it to him. 1013 00:38:16,129 --> 00:38:16,921 If I did 1014 00:38:17,005 --> 00:38:18,381 I would have done something about it. 1015 00:38:18,423 --> 00:38:19,424 Nor did you 1016 00:38:19,466 --> 00:38:23,261 recover any weapon from him after the fact. 1017 00:38:23,344 --> 00:38:26,222 As I told my supervisor, I patted Mr. Larson down. 1018 00:38:26,264 --> 00:38:28,141 I did not strip search him. 1019 00:38:28,183 --> 00:38:30,101 At the time, I thought it was more important 1020 00:38:30,143 --> 00:38:32,437 to get him out of the area and locked down in a cell. 1021 00:38:32,479 --> 00:38:33,646 So Mr. Larson was lying... 1022 00:38:33,688 --> 00:38:37,108 Yeah. Yeah, he is. 1023 00:38:37,150 --> 00:38:41,112 And the testimony that we heard about you creating a diversion 1024 00:38:41,154 --> 00:38:43,448 that allowed Larson to get to Alejo, that was a lie? 1025 00:38:43,531 --> 00:38:44,407 Yes, it was. 1026 00:38:44,449 --> 00:38:46,534 You requested to escort Larson 1027 00:38:46,576 --> 00:38:49,079 did you not, Officer Bennett? 1028 00:38:49,120 --> 00:38:50,080 I wouldn't call it 1029 00:38:50,121 --> 00:38:50,914 a request. 1030 00:38:50,955 --> 00:38:52,916 Officer McNaught was busy with something 1031 00:38:52,957 --> 00:38:54,626 and I offered to take care of it. 1032 00:38:54,668 --> 00:38:56,336 That kind of thing happens 1033 00:38:56,378 --> 00:38:58,129 a dozen times a day. 1034 00:38:58,213 --> 00:38:59,881 You still seeing Officer Donahue? 1035 00:38:59,923 --> 00:39:01,383 Yes, I am. 1036 00:39:01,424 --> 00:39:03,426 Any plans for the future? 1037 00:39:03,468 --> 00:39:04,427 Objection, irrelevant. 1038 00:39:04,469 --> 00:39:07,013 I'll allow it. 1039 00:39:07,055 --> 00:39:08,473 As soon as our divorces are final 1040 00:39:08,556 --> 00:39:09,307 we plan to get married. 1041 00:39:09,349 --> 00:39:12,268 Would you say that her being raped 1042 00:39:12,310 --> 00:39:15,355 has taken a toll on your relationship? 1043 00:39:15,397 --> 00:39:17,440 Officer Donahue was dealing with it. 1044 00:39:17,482 --> 00:39:19,818 I'd like to think that I was helping her to deal with it. 1045 00:39:19,901 --> 00:39:23,488 This is the rest of your lives we're talking about. 1046 00:39:23,571 --> 00:39:27,617 You and Officer Donahue retire. 1047 00:39:27,659 --> 00:39:30,537 You put the stink of prisons behind you. 1048 00:39:30,578 --> 00:39:33,832 Didn't you want to put Rafael Alejo behind you as well? 1049 00:39:33,915 --> 00:39:36,001 Yes! Of course I did! 1050 00:39:39,212 --> 00:39:42,966 For 17 years, I've been locked up with these mutts. 1051 00:39:43,007 --> 00:39:46,469 After 17 years, wasn't it worth the life 1052 00:39:46,511 --> 00:39:49,389 of one of them to get a little closure? 1053 00:39:49,431 --> 00:39:53,351 To not have to wake up in the middle of the night 1054 00:39:53,393 --> 00:39:55,478 and see the woman you love sitting up crying? 1055 00:39:55,520 --> 00:39:57,105 Your honor, this... 1056 00:40:05,030 --> 00:40:07,991 I believe it's wrong to take the life 1057 00:40:08,033 --> 00:40:09,659 of another human being, sir. 1058 00:40:09,701 --> 00:40:12,037 I wouldn't do that. 1059 00:40:12,078 --> 00:40:14,164 Under any circumstances. 1060 00:40:14,205 --> 00:40:16,666 The evidence means nothing. 1061 00:40:16,708 --> 00:40:18,710 The jury will ignore everything 1062 00:40:18,752 --> 00:40:20,712 and just compare Bennett to Alejo. 1063 00:40:20,754 --> 00:40:23,923 Guess who comes up short? 1064 00:40:23,965 --> 00:40:26,342 Well, I could say that the jury is duty-bound 1065 00:40:26,384 --> 00:40:29,054 not to ignore everything. 1066 00:40:29,095 --> 00:40:32,015 Yeah. You could. 1067 00:40:32,057 --> 00:40:33,641 I think we're whipped. 1068 00:40:39,397 --> 00:40:42,233 Here's what we have, Ladies and Gentlemen. 1069 00:40:42,275 --> 00:40:44,110 On one side, Peter Bennett: 1070 00:40:44,152 --> 00:40:46,696 a dedicated and experienced corrections officer. 1071 00:40:46,738 --> 00:40:48,948 A man who has spent his career 1072 00:40:48,990 --> 00:40:51,368 safeguarding you and your families 1073 00:40:51,409 --> 00:40:55,038 from the worst society has to offer. 1074 00:40:55,080 --> 00:41:02,253 On the other side, Judd Larson: one of the very worst. 1075 00:41:02,295 --> 00:41:06,049 A man who murdered his wife by stabbing her to death 1076 00:41:06,091 --> 00:41:08,426 murdered a man in a bar fight by stabbing him to death 1077 00:41:08,510 --> 00:41:13,264 and murdered Rafael Alejo by stabbing him to death, as well. 1078 00:41:13,306 --> 00:41:16,559 This convicted murderer has said that he 1079 00:41:16,601 --> 00:41:19,187 never would have killed his latest victim 1080 00:41:19,229 --> 00:41:23,441 had not Officer Bennett asked him to. 1081 00:41:23,483 --> 00:41:27,445 Now, if you have the slightest notion that the good Mr. Larson 1082 00:41:27,487 --> 00:41:29,406 might be telling the truth 1083 00:41:29,447 --> 00:41:35,453 remind yourselves that his testimony is bought and paid for 1084 00:41:35,495 --> 00:41:37,539 compliments of the District Attorney 1085 00:41:37,580 --> 00:41:40,500 with a sweetheart plea bargain and a transfer 1086 00:41:40,542 --> 00:41:43,420 for Mr. Larson's convict son. 1087 00:41:43,461 --> 00:41:45,505 Who are you going to believe? 1088 00:41:45,547 --> 00:41:48,466 Because if you strip Judd Larson from the People's case 1089 00:41:48,508 --> 00:41:50,468 they've got nothing. 1090 00:41:50,552 --> 00:41:51,469 Maybe you should dock 1091 00:41:51,511 --> 00:41:54,139 Officer Bennett a couple of vacation days 1092 00:41:54,180 --> 00:41:57,559 for short-cutting regulation procedures 1093 00:41:57,600 --> 00:42:00,520 because that's all that the prosecution has proven. 1094 00:42:00,562 --> 00:42:02,480 My recommendation? 1095 00:42:02,522 --> 00:42:07,444 Send him back to his job and put a medal on his chest. 1096 00:42:07,485 --> 00:42:10,322 Thank you. 1097 00:42:20,707 --> 00:42:24,627 I'm not going to stand here and defend Judd Larson-- 1098 00:42:24,669 --> 00:42:28,465 or, for that matter, Rafael Alejo. 1099 00:42:28,506 --> 00:42:30,675 If the character of either one of them 1100 00:42:30,717 --> 00:42:32,802 is what you base your verdict on 1101 00:42:32,844 --> 00:42:35,138 we've all been wasting our time here. 1102 00:42:35,180 --> 00:42:38,349 We should have, as Mr. Granick suggested 1103 00:42:38,391 --> 00:42:40,852 pinned a medal on the defendant and called it a day. 1104 00:42:40,935 --> 00:42:41,728 The problem is 1105 00:42:41,770 --> 00:42:46,191 if we do that, we're not doing our job 1106 00:42:46,232 --> 00:42:49,903 We're disregarding our oath, because it's easy 1107 00:42:49,944 --> 00:42:54,407 because it's hard to punish someone who's avenging a rape 1108 00:42:54,449 --> 00:42:57,243 even though this was not a crime 1109 00:42:57,285 --> 00:43:00,163 committed in the heat of passion 1110 00:43:00,205 --> 00:43:03,416 but planned and calculated over time 1111 00:43:03,458 --> 00:43:06,670 even though... it's our job 1112 00:43:06,711 --> 00:43:09,381 to make the punishment fit the crime 1113 00:43:09,422 --> 00:43:12,550 and not the nature of the victim. 1114 00:43:12,592 --> 00:43:16,554 When I say Judd Larson should be believed 1115 00:43:16,638 --> 00:43:20,558 it's not because he's a good guy. 1116 00:43:20,600 --> 00:43:23,561 It's because his testimony is corroborated 1117 00:43:23,603 --> 00:43:26,398 by every shred of evidence we've presented here. 1118 00:43:26,439 --> 00:43:32,362 Just as it's corroborated by what every one of you knows. 1119 00:43:32,404 --> 00:43:36,783 The defendant wanted Rafael Alejo dead. 1120 00:43:36,825 --> 00:43:40,745 Mr. Granick suggests Mr. Alejo's life 1121 00:43:40,787 --> 00:43:42,831 is not worth caring about 1122 00:43:42,872 --> 00:43:46,584 let alone sending someone to prison over 1123 00:43:46,626 --> 00:43:49,587 but he's wrong. 1124 00:43:49,671 --> 00:43:55,760 If you allow the rule of law to stop at the wall of a prison 1125 00:43:55,844 --> 00:43:58,430 you've allowed it to stop everywhere. 1126 00:43:58,471 --> 00:44:02,559 The streets of New York will be no better 1127 00:44:02,600 --> 00:44:04,686 than the cell blocks of Rikers. 1128 00:44:10,608 --> 00:44:12,819 Madame Foreperson, has the jury 1129 00:44:12,861 --> 00:44:14,529 reached a verdict? 1130 00:44:14,529 --> 00:44:15,780 Yes, Your Honor. 1131 00:44:15,864 --> 00:44:17,991 As to the sole count of the indictment 1132 00:44:18,033 --> 00:44:19,784 the jury finds the defendant 1133 00:44:19,826 --> 00:44:21,953 Peter Bennett, not guilty. 1134 00:44:23,997 --> 00:44:25,832 Yes! 1135 00:44:28,793 --> 00:44:30,545 Congratulations Counselor. 1136 00:44:30,587 --> 00:44:31,629 Excellent. 1137 00:44:38,803 --> 00:44:40,764 People v. Bennett? 1138 00:44:40,805 --> 00:44:43,725 All packed up and headed for Central Files. 1139 00:44:43,767 --> 00:44:46,311 File it under "Jury Nullification." 1140 00:44:46,394 --> 00:44:48,271 Texas law in Manhattan. 1141 00:44:48,313 --> 00:44:50,648 They tried the victim. 1142 00:44:50,690 --> 00:44:53,360 And made a badge a license to kill. 80967

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