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She's having a tough night?
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My little angel?
3
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She's just teething.
4
00:01:13,812 --> 00:01:16,704
I'm short $500.
5
00:01:16,728 --> 00:01:18,924
I'll make it up next month.
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You have my word, Ivan. Shh.
7
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I'll need $200 more.
8
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For interest.
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Sweet little baby and her daddy
10
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shot dead in the street.
11
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Nobody deserves that,
not even two-bit gangsters.
12
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Creep was fleecing money
13
00:02:09,085 --> 00:02:11,740
from every business in the
neighborhood, even mine.
14
00:02:13,263 --> 00:02:15,439
Here you go, Mrs. Pierce.
15
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Excuse me. Morning.
16
00:02:18,442 --> 00:02:20,290
My name's Detective
Joe Kaminsky.
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00:02:20,314 --> 00:02:22,030
Do you happen to
know the whereabouts
18
00:02:22,054 --> 00:02:23,119
of an Arthur Craddick?
19
00:02:23,143 --> 00:02:24,685
I'm Arthur Craddick.
20
00:02:24,709 --> 00:02:26,513
Is this your son?
21
00:02:26,537 --> 00:02:28,950
Someone we can
call to look after him?
22
00:02:28,974 --> 00:02:30,561
Look after my son? Why?
23
00:02:30,585 --> 00:02:32,650
Well, we just want you to
come down to the station,
24
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Mr. Craddick, just to
answer some questions.
25
00:02:36,808 --> 00:02:38,221
You have my word,
26
00:02:38,245 --> 00:02:39,613
no big deal.
27
00:02:39,637 --> 00:02:41,137
Got a little crazy around
here the other night,
28
00:02:41,161 --> 00:02:42,921
and we're talking
to lots of people.
29
00:02:42,945 --> 00:02:46,664
Just kind of tough to know
how long it's gonna take.
30
00:02:46,688 --> 00:02:48,864
Don't go, Dad.
31
00:02:50,648 --> 00:02:51,973
Hey, Leo.
32
00:02:51,997 --> 00:02:53,975
Don't worry.
33
00:02:53,999 --> 00:02:57,065
Whatever this is, it's, um
34
00:02:57,089 --> 00:02:59,372
it's just a mistake.
35
00:02:59,396 --> 00:03:02,269
I'll be back before you know it.
36
00:03:04,575 --> 00:03:07,293
Would you do me
a favor, Mrs. Pierce?
37
00:03:07,317 --> 00:03:11,254
I have an employee who's
coming in about ten minutes
38
00:03:11,278 --> 00:03:12,516
to take over.
39
00:03:12,540 --> 00:03:15,214
Leo and I will keep
watch till he gets here.
40
00:03:15,238 --> 00:03:17,197
Thank you.
41
00:03:23,290 --> 00:03:25,572
Why are you looking like that?
42
00:03:25,596 --> 00:03:27,444
You heard the man.
43
00:03:27,468 --> 00:03:29,489
All they want to do
is have a little talk.
44
00:03:29,513 --> 00:03:31,187
Isn't that right, Detective?
45
00:03:31,211 --> 00:03:32,690
Just a little talk.
46
00:03:43,875 --> 00:03:46,332
Mr. Craddick.
47
00:03:46,356 --> 00:03:47,899
I'm Dr. Jason Bull.
48
00:03:47,923 --> 00:03:51,056
Your attorney said
you wanted to see me.
49
00:03:53,494 --> 00:03:55,836
- You're the expert witness.
- My attorney hired?
50
00:03:55,860 --> 00:03:56,212
Yeah.
51
00:03:56,236 --> 00:03:57,735
I'm a psychologist.
52
00:03:57,759 --> 00:04:00,085
I'm here to try and get
the jury to understand
53
00:04:00,109 --> 00:04:03,523
eyewitness testimony
isn't all it's cracked up to be.
54
00:04:03,547 --> 00:04:05,699
He told you I
didn't do it, right?
55
00:04:05,723 --> 00:04:08,136
I didn't kill that
man and his baby.
56
00:04:08,160 --> 00:04:10,704
Honestly, it didn't
really come up.
57
00:04:10,728 --> 00:04:13,098
I'm here to tell the jury
58
00:04:13,122 --> 00:04:15,100
about eyewitness
testimony, not you.
59
00:04:15,124 --> 00:04:18,234
Okay, I get what you're
doing, but I need you to know
60
00:04:18,258 --> 00:04:20,323
I'd never kill anybody.
61
00:04:20,347 --> 00:04:22,194
I have a ten-year-old son.
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00:04:22,218 --> 00:04:24,240
His mom died when
he was a toddler.
63
00:04:24,264 --> 00:04:25,937
I'm all he's got.
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00:04:25,961 --> 00:04:27,243
Sure.
65
00:04:27,267 --> 00:04:29,375
What can I do for
you, Mr. Craddick?
66
00:04:29,399 --> 00:04:31,812
You can tell me I'm
gonna go home to my boy.
67
00:04:31,836 --> 00:04:33,945
Look, I'm not a lawyer,
68
00:04:33,969 --> 00:04:35,294
but from what I can tell,
69
00:04:35,318 --> 00:04:36,513
they don't really
have much of a case.
70
00:04:36,537 --> 00:04:38,254
It's mostly
circumstantial evidence.
71
00:04:38,278 --> 00:04:39,559
What they're gonna
do is tell a story
72
00:04:39,583 --> 00:04:41,169
about how you're
some kind of vigilante
73
00:04:41,193 --> 00:04:44,260
who took matters
into his own hands.
74
00:04:44,284 --> 00:04:45,870
But there's nothing
in your background
75
00:04:45,894 --> 00:04:47,698
that substantiates that idea.
76
00:04:47,722 --> 00:04:50,831
So all they really have is
this one supposed eyewitness,
77
00:04:50,855 --> 00:04:52,355
whose testimony
78
00:04:52,379 --> 00:04:54,357
really isn't very strong at all.
79
00:04:54,381 --> 00:04:56,097
So you think
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00:04:56,121 --> 00:04:58,012
this might go my way?
81
00:04:58,036 --> 00:04:59,405
Mr. Craddick, I believe
82
00:04:59,429 --> 00:05:01,364
that if your attorney
picked a decent jury,
83
00:05:01,388 --> 00:05:02,930
a jury of your peers,
84
00:05:02,954 --> 00:05:05,629
then yeah.
85
00:05:05,653 --> 00:05:08,762
We got a 911 call.
A neighbor said
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00:05:08,786 --> 00:05:10,851
he was home asleep when two
gunshots outside woke him up.
87
00:05:10,875 --> 00:05:13,550
From his third-floor window
88
00:05:13,574 --> 00:05:15,116
he saw a male
figure... the shooter...
89
00:05:15,140 --> 00:05:17,554
Running away from a dead
body lying on the sidewalk.
90
00:05:17,578 --> 00:05:19,773
You should object.
That's hearsay.
91
00:05:19,797 --> 00:05:21,775
Please. Leave the
lawyering to me.
92
00:05:21,799 --> 00:05:23,560
And what happened
next, Detective?
93
00:05:23,584 --> 00:05:25,213
The neighbor came
into the precinct
94
00:05:25,237 --> 00:05:26,954
to give a more
detailed statement.
95
00:05:26,978 --> 00:05:28,913
At that time, I also
laid out six photos
96
00:05:28,937 --> 00:05:31,524
of possible suspects
for him to review.
97
00:05:31,548 --> 00:05:34,179
He identified the
shooter immediately.
98
00:05:34,203 --> 00:05:35,963
Did it with great certainty.
99
00:05:35,987 --> 00:05:38,923
And the person the
neighbor identified,
100
00:05:38,947 --> 00:05:41,882
do you see that person
in the courtroom today?
101
00:05:41,906 --> 00:05:43,971
I certainly do.
102
00:05:43,995 --> 00:05:46,215
The defendant Arthur Craddick.
103
00:05:47,347 --> 00:05:49,523
Thank you.
104
00:05:53,744 --> 00:05:55,896
Eyewitness testimony is actually
105
00:05:55,920 --> 00:05:58,334
the oldest category of
trial evidence there is.
106
00:05:58,358 --> 00:06:00,423
Ironically, when
we look at the data,
107
00:06:00,447 --> 00:06:03,208
it's also the most
flawed category
108
00:06:03,232 --> 00:06:05,732
of trial evidence there is.
109
00:06:05,756 --> 00:06:08,648
It has the highest
probability for error.
110
00:06:08,672 --> 00:06:09,867
Error?
111
00:06:09,891 --> 00:06:12,391
Okay, so what would
cause a witness to make
112
00:06:12,415 --> 00:06:14,524
a false identification?
113
00:06:14,548 --> 00:06:16,308
Well, let's look at
the identification
114
00:06:16,332 --> 00:06:18,179
at the center of this case.
115
00:06:18,203 --> 00:06:20,486
The witness was
three stories up,
116
00:06:20,510 --> 00:06:23,576
seeing whatever he
saw in the dark of night.
117
00:06:23,600 --> 00:06:26,362
He was roused from sleep.
118
00:06:26,386 --> 00:06:28,015
Clearly not a
recipe for precision.
119
00:06:28,039 --> 00:06:31,541
And then he gets taken
down to the station house,
120
00:06:31,565 --> 00:06:33,630
and they lay six
photographs in front of him.
121
00:06:33,654 --> 00:06:35,632
Six photos all at once.
122
00:06:35,656 --> 00:06:37,111
And what's wrong with that?
123
00:06:37,135 --> 00:06:38,635
Research studies have taught us
124
00:06:38,659 --> 00:06:41,333
that when we present
witnesses with a group of choices,
125
00:06:41,357 --> 00:06:43,204
they feel tremendous
pressure to pick one.
126
00:06:43,228 --> 00:06:45,598
Whether they actually see the
person they're looking for or not,
127
00:06:45,622 --> 00:06:47,208
they feel like they're not doing
128
00:06:47,232 --> 00:06:48,949
their job unless they pick one.
129
00:06:48,973 --> 00:06:52,475
The better practice is to
present photos one at a time,
130
00:06:52,499 --> 00:06:55,260
and that way the witness
can consider each individually,
131
00:06:55,284 --> 00:06:56,914
thoughtfully,
132
00:06:56,938 --> 00:07:01,266
and they can eliminate or
identify candidates as they go.
133
00:07:01,290 --> 00:07:02,920
Then there's familiarity.
134
00:07:02,944 --> 00:07:05,531
And the eyewitness and
Mr. Craddick were neighbors.
135
00:07:05,555 --> 00:07:07,925
They apparently didn't
know each other, but
136
00:07:07,949 --> 00:07:10,231
we are reasonably sure
that they saw each other
137
00:07:10,255 --> 00:07:13,496
around the neighborhood...
At the park, on the street.
138
00:07:13,520 --> 00:07:16,847
And the point is, the
pull of familiarity can be
139
00:07:16,871 --> 00:07:18,022
incredibly powerful.
140
00:07:18,046 --> 00:07:20,241
I mean, it's a force
that inclines us
141
00:07:20,265 --> 00:07:22,374
to select the face
we've seen before
142
00:07:22,398 --> 00:07:25,290
over the one that's
completely new to us.
143
00:07:25,314 --> 00:07:28,511
So, in your expert
opinion, Dr. Bull,
144
00:07:28,535 --> 00:07:31,842
can this eyewitness
account be trusted?
145
00:07:34,105 --> 00:07:35,605
In my expert opinion, no.
146
00:07:35,629 --> 00:07:38,521
You don't send a man to
prison for the rest of his life
147
00:07:38,545 --> 00:07:40,697
based on the word
of one lone witness
148
00:07:40,721 --> 00:07:42,916
whose testimony, no
matter how well-meaning,
149
00:07:42,940 --> 00:07:48,293
has a far greater probability
of being wrong than right.
150
00:07:56,737 --> 00:07:59,914
We, the jury, find the
defendant Arthur Craddick
151
00:08:02,569 --> 00:08:05,615
guilty of two counts of murder.
152
00:08:07,095 --> 00:08:08,836
No.
153
00:08:13,449 --> 00:08:16,297
Thank you, jury, for
your civic service today.
154
00:08:16,321 --> 00:08:19,649
All parties will reconvene
for sentencing in two weeks.
155
00:08:19,673 --> 00:08:21,109
Court is adjourned.
156
00:08:24,025 --> 00:08:26,636
I didn't do it. I had
nothing to do with it.
157
00:08:27,898 --> 00:08:30,790
I didn't kill your son,
your granddaughter.
158
00:08:30,814 --> 00:08:32,923
Miss, I didn't kill
your husband.
159
00:08:32,947 --> 00:08:33,841
I-I don't even own a gun!
160
00:08:33,865 --> 00:08:35,360
- I didn't... I didn't do it!
- Order! Order!
161
00:08:35,384 --> 00:08:36,132
I didn't do anything.
162
00:08:36,156 --> 00:08:37,667
- You don't understand.
- Order in this court!
163
00:08:37,691 --> 00:08:39,843
I didn't do it! I didn't do it.
164
00:08:39,867 --> 00:08:41,956
I didn't do it! I didn't...
165
00:08:57,841 --> 00:08:59,515
We're here.
166
00:08:59,539 --> 00:09:02,542
Thanks. I'll
probably be a while.
167
00:09:08,286 --> 00:09:10,003
Arthur.
168
00:09:10,027 --> 00:09:13,093
Wasn't sure you'd
remember me after 12 years.
169
00:09:13,117 --> 00:09:15,922
Well, you're looking
good. I like the glasses.
170
00:09:15,946 --> 00:09:17,184
Back at you.
171
00:09:17,208 --> 00:09:19,230
So.
172
00:09:19,254 --> 00:09:22,474
How's your son? Leo?
173
00:09:23,650 --> 00:09:25,018
He's doing all right.
174
00:09:25,042 --> 00:09:26,933
Graduated from
college last year.
175
00:09:26,957 --> 00:09:30,371
In a program now to become a
licensed clinical social worker.
176
00:09:30,395 --> 00:09:32,548
Getting into that,
"good trouble"
177
00:09:32,572 --> 00:09:34,550
John Lewis talked about.
178
00:09:34,574 --> 00:09:36,682
Fantastic.
179
00:09:36,706 --> 00:09:38,815
When I got sent up,
180
00:09:38,839 --> 00:09:42,296
he went to stay
with his great-aunt.
181
00:09:42,320 --> 00:09:43,646
Then she passed, and
182
00:09:43,670 --> 00:09:45,517
well, he became
a ward of the state,
183
00:09:45,541 --> 00:09:47,171
bounced around
the foster system...
184
00:09:47,195 --> 00:09:48,302
Yeah.
185
00:09:48,326 --> 00:09:50,261
- I'm sorry.
- Yeah.
186
00:09:50,285 --> 00:09:51,392
It's been tough.
187
00:09:51,416 --> 00:09:53,438
Got a lot of anger.
188
00:09:53,462 --> 00:09:56,247
But... somehow he survived.
189
00:09:57,727 --> 00:10:00,576
Managed to keep
our little family intact,
190
00:10:00,600 --> 00:10:03,559
even though we're not together.
191
00:10:08,346 --> 00:10:11,543
You're asking the court
to give you a new trial?
192
00:10:11,567 --> 00:10:14,459
And you wrote this
motion yourself?
193
00:10:14,483 --> 00:10:16,243
Wrote it and filed it.
194
00:10:16,267 --> 00:10:18,898
And a judge has
agreed to hold a hearing.
195
00:10:18,922 --> 00:10:21,335
Impressive.
196
00:10:21,359 --> 00:10:22,728
I taught myself the law.
197
00:10:22,752 --> 00:10:24,904
Became a bona
fide jailhouse lawyer.
198
00:10:24,928 --> 00:10:27,472
You know, they even
nicknamed me the Counterman,
199
00:10:27,496 --> 00:10:30,910
because I helped folks out
with various legal matters.
200
00:10:30,934 --> 00:10:33,391
Okay, Counterman,
why'd you call me?
201
00:10:33,415 --> 00:10:35,262
I'm still not a lawyer.
202
00:10:35,286 --> 00:10:38,091
It's not like I did you
much good last time.
203
00:10:38,115 --> 00:10:39,615
It wasn't you.
204
00:10:39,639 --> 00:10:41,075
It was that jury.
205
00:10:42,946 --> 00:10:45,688
I've been reading about you.
206
00:10:46,689 --> 00:10:49,320
Juries are kind of
your thing now, right?
207
00:10:49,344 --> 00:10:51,539
Maybe you'll help me with that?
208
00:10:51,563 --> 00:10:54,325
Maybe you can testify
209
00:10:54,349 --> 00:10:56,066
as a character witness?
210
00:10:56,090 --> 00:10:57,545
Sure.
211
00:10:57,569 --> 00:11:00,461
But, Arthur, you're still a
ways from picking a jury.
212
00:11:00,485 --> 00:11:02,463
You did get a judge
213
00:11:02,487 --> 00:11:04,770
to agree to a new hearing.
214
00:11:04,794 --> 00:11:06,642
But now you have
to get that judge
215
00:11:06,666 --> 00:11:08,469
to agree to a new trial.
216
00:11:08,493 --> 00:11:11,864
And you know the first
question that judge is gonna ask?
217
00:11:11,888 --> 00:11:15,085
"Have you got any new evidence?"
218
00:11:15,109 --> 00:11:17,111
So, do you?
219
00:11:18,678 --> 00:11:20,699
How about a signed
confession from the man
220
00:11:20,723 --> 00:11:23,987
who really did kill Ivan
and that little baby?
221
00:11:37,653 --> 00:11:39,916
Dr. Bull?
222
00:11:40,395 --> 00:11:42,049
Ms. Morgan.
223
00:11:42,832 --> 00:11:44,418
Thanks for coming.
224
00:11:44,442 --> 00:11:46,464
I know it must seem odd
getting a call from a stranger
225
00:11:46,488 --> 00:11:47,770
while you're out of
town at a convention
226
00:11:47,794 --> 00:11:50,033
I work for Homeland Security.
227
00:11:50,057 --> 00:11:52,035
Trust me, before I came
down here to meet you,
228
00:11:52,059 --> 00:11:54,777
I made it my business to
know far more about you
229
00:11:54,801 --> 00:11:56,517
than you're probably
comfortable with.
230
00:11:56,541 --> 00:11:58,737
Well, let's hope
that's a good thing.
231
00:11:58,761 --> 00:12:00,260
Now what can I do for you?
232
00:12:00,284 --> 00:12:02,785
Well, as you probably
know, I'm a psychologist,
233
00:12:02,809 --> 00:12:05,048
and as it happens,
234
00:12:05,072 --> 00:12:07,180
I am here in town for a trial.
235
00:12:07,204 --> 00:12:09,139
The last few years I've been
236
00:12:09,163 --> 00:12:11,054
doing a lot of work as a...
237
00:12:11,078 --> 00:12:12,533
Expert witness.
238
00:12:12,557 --> 00:12:13,883
It's in the file.
239
00:12:13,907 --> 00:12:16,929
And I realized that this
convention was in town
240
00:12:16,953 --> 00:12:18,583
I figured that.
241
00:12:18,607 --> 00:12:20,890
Yeah, so coincidentally I've
been reading a lot about you
242
00:12:20,914 --> 00:12:23,109
and your theories, and
I came by the hotel here
243
00:12:23,133 --> 00:12:25,851
to pick up the convention
journal, and lo and behold,
244
00:12:25,875 --> 00:12:27,766
there you were.
245
00:12:27,790 --> 00:12:29,812
Lo and behold.
246
00:12:29,836 --> 00:12:31,422
Look
247
00:12:31,446 --> 00:12:32,771
I'm a fan.
248
00:12:32,795 --> 00:12:34,599
Of what?
249
00:12:34,623 --> 00:12:36,035
Of yours.
250
00:12:36,059 --> 00:12:37,602
Near as I can tell, you
are the leading figure
251
00:12:37,626 --> 00:12:39,473
in the science of
predictive behavior.
252
00:12:39,497 --> 00:12:42,085
As a matter of fact, you
may be the only figure
253
00:12:42,109 --> 00:12:44,217
in the science of
predictive behavior.
254
00:12:44,241 --> 00:12:45,828
Okay.
255
00:12:45,852 --> 00:12:48,071
And why do you care?
256
00:12:50,857 --> 00:12:53,487
I have an idea for a business.
257
00:12:53,511 --> 00:12:55,272
My God.
258
00:12:55,296 --> 00:12:57,491
You are not gonna
pitch me your vision
259
00:12:57,515 --> 00:12:59,276
for a cutting-edge
matchmaking service,
260
00:12:59,300 --> 00:13:01,582
are you, because I have
heard that one five times
261
00:13:01,606 --> 00:13:03,323
in the last two years.
Although to be honest,
262
00:13:03,347 --> 00:13:04,934
those guys bought
me drinks and dinner
263
00:13:04,958 --> 00:13:07,047
before they brought it up.
264
00:13:07,830 --> 00:13:09,808
Let me start over.
265
00:13:09,832 --> 00:13:11,941
Before I flew to
Ohio, I was involved
266
00:13:11,965 --> 00:13:13,725
in a trial in New York.
267
00:13:13,749 --> 00:13:14,900
Guy was innocent.
268
00:13:14,924 --> 00:13:16,684
The thing is
269
00:13:16,708 --> 00:13:17,990
he had the wrong jury.
270
00:13:18,014 --> 00:13:19,426
'Cause, you see, picking
271
00:13:19,450 --> 00:13:21,124
a jury is easy.
272
00:13:21,148 --> 00:13:23,866
You just do your homework...
You follow the demographic
273
00:13:23,890 --> 00:13:26,216
and socioeconomic indicators.
274
00:13:26,240 --> 00:13:29,349
But a trial, once you've
picked those people,
275
00:13:29,373 --> 00:13:31,395
well, that trial is a
living, breathing thing,
276
00:13:31,419 --> 00:13:34,528
and sometimes it starts
out being about one thing
277
00:13:34,552 --> 00:13:36,835
and ends up being about
something else entirely.
278
00:13:36,859 --> 00:13:38,837
And you have no way of knowing
279
00:13:38,861 --> 00:13:41,318
how all this testimony
and this evidence
280
00:13:41,342 --> 00:13:44,190
is affecting that group
of people you've selected.
281
00:13:44,214 --> 00:13:46,564
You're in the dark.
282
00:13:48,131 --> 00:13:50,022
But what if you weren't?
283
00:13:50,046 --> 00:13:51,894
What if you had a window
284
00:13:51,918 --> 00:13:53,634
into how they were feeling?
285
00:13:53,658 --> 00:13:55,419
What they were thinking.
286
00:13:55,443 --> 00:13:58,117
And what if you could
use that information
287
00:13:58,141 --> 00:14:00,816
to adjust your trial strategy
288
00:14:00,840 --> 00:14:02,513
accordingly?
289
00:14:02,537 --> 00:14:03,862
What if
290
00:14:03,886 --> 00:14:07,107
you could ...edict
their behavior.
291
00:14:08,543 --> 00:14:11,894
Now would be a really good
time to buy me that drink.
292
00:14:21,991 --> 00:14:23,534
Excuse me?
293
00:14:23,558 --> 00:14:25,101
Morning.
294
00:14:25,125 --> 00:14:28,128
My name's Leo Craddick.
I'm Arthur Craddick's son.
295
00:14:29,172 --> 00:14:31,020
This is what we call
the mock courtroom.
296
00:14:31,044 --> 00:14:32,804
When there's no
pandemic, what we do is
297
00:14:32,828 --> 00:14:35,198
we recruit people to come down
here and pretend to be jurors.
298
00:14:35,222 --> 00:14:38,679
We also audition
trial strategies.
299
00:14:38,703 --> 00:14:40,943
Closing arguments.
300
00:14:40,967 --> 00:14:43,032
Sometimes we rehearse witnesses.
301
00:14:43,056 --> 00:14:45,991
Get 'em used to the
idea of offering testimony.
302
00:14:46,015 --> 00:14:48,888
I didn't even know
places like this existed.
303
00:14:50,411 --> 00:14:51,736
Listen
304
00:14:51,760 --> 00:14:55,261
truth is, we have no
money for any of this.
305
00:14:55,285 --> 00:14:57,307
Well, isn't that serendipitous?
306
00:14:57,331 --> 00:15:00,247
I don't want any
money for any of this.
307
00:15:01,204 --> 00:15:03,966
Look... in a lot
of ways, your dad
308
00:15:03,990 --> 00:15:06,403
was the inspiration
for all this.
309
00:15:06,427 --> 00:15:08,448
I remember sitting
there at his trial,
310
00:15:08,472 --> 00:15:10,668
realizing there was
nothing I could do,
311
00:15:10,692 --> 00:15:12,626
and it
312
00:15:12,650 --> 00:15:15,325
well, it made me
feel so helpless.
313
00:15:15,349 --> 00:15:17,588
And I suddenly thought to myself
314
00:15:17,612 --> 00:15:20,591
maybe it's time to try
something different.
315
00:15:20,615 --> 00:15:22,245
I'm just saying
316
00:15:22,269 --> 00:15:23,899
we've got a written confession.
317
00:15:23,923 --> 00:15:26,423
I'm not sure we're going
to be needing any of this.
318
00:15:26,447 --> 00:15:28,773
Trust me, you're gonna
need all the help you can get.
319
00:15:28,797 --> 00:15:31,558
If you want to win the
motion for a new trial,
320
00:15:31,582 --> 00:15:33,169
that judge is going
to have to find
321
00:15:33,193 --> 00:15:34,692
that the confession
is admissible.
322
00:15:34,716 --> 00:15:36,476
That the witness is credible.
323
00:15:36,500 --> 00:15:38,870
Signing a piece of paper is
one thing, but getting up there
324
00:15:38,894 --> 00:15:40,698
in court, saying it
out loud, convincingly,
325
00:15:40,722 --> 00:15:43,440
under the pressure
of a tough cross-exam,
326
00:15:43,464 --> 00:15:45,640
that is a whole
nother ball of wax.
327
00:15:46,597 --> 00:15:49,054
Is there any way I can
see the confession?
328
00:15:49,078 --> 00:15:52,840
Any way my people
could meet this fella?
329
00:15:52,864 --> 00:15:55,626
So the confession is
from a contract killer?
330
00:15:55,650 --> 00:15:57,149
A mob hit man?
331
00:15:57,173 --> 00:15:59,804
Yep. Turns out
everybody had it wrong.
332
00:15:59,828 --> 00:16:01,980
They all figured it to be
one of the business owners
333
00:16:02,004 --> 00:16:04,243
that killed Ivan to put a
stop to the shakedowns.
334
00:16:04,267 --> 00:16:06,245
Turns out it was
about territory.
335
00:16:06,269 --> 00:16:08,378
The mob wanted a
piece of Ivan's action,
336
00:16:08,402 --> 00:16:10,684
and Ivan wasn't down with that.
337
00:16:10,708 --> 00:16:11,859
So they killed him.
338
00:16:11,883 --> 00:16:13,252
Sure did.
339
00:16:13,276 --> 00:16:14,819
And his baby.
340
00:16:14,843 --> 00:16:16,952
And exactly why is this
contract killer confessing?
341
00:16:16,976 --> 00:16:20,129
I mean, according to this
file, he's only 42 years old.
342
00:16:20,153 --> 00:16:21,521
Doesn't he get
that he'll probably
343
00:16:21,545 --> 00:16:23,262
spend the rest of
his life in prison?
344
00:16:23,286 --> 00:16:25,003
Did I not mention
345
00:16:25,027 --> 00:16:27,049
he's dying?
346
00:16:27,073 --> 00:16:30,443
47 men.
347
00:16:30,467 --> 00:16:32,513
47...
348
00:16:33,470 --> 00:16:36,449
But Ivan was easy to track.
349
00:16:36,473 --> 00:16:38,519
Careless.
350
00:16:40,912 --> 00:16:43,848
Bravado with no brains.
351
00:16:43,872 --> 00:16:46,807
I remember thinking
352
00:16:46,831 --> 00:16:49,419
that killing Ivan Kovolchuk
353
00:16:49,443 --> 00:16:52,813
would be the easiest $25,000
354
00:16:52,837 --> 00:16:54,337
I would ever make.
355
00:16:54,361 --> 00:16:57,079
So let's talk about the murders.
356
00:16:57,103 --> 00:16:59,168
No. Not murders.
357
00:16:59,192 --> 00:17:00,996
Murder.
358
00:17:01,020 --> 00:17:03,389
One... Ivan.
359
00:17:03,413 --> 00:17:07,045
The baby girl wasn't
360
00:17:07,069 --> 00:17:09,308
I didn't know she was there.
361
00:17:09,332 --> 00:17:12,553
She was an accident.
362
00:17:13,641 --> 00:17:15,053
A mistake.
363
00:17:15,077 --> 00:17:17,229
I don't deny
364
00:17:17,253 --> 00:17:19,777
pulling the trigger, but
365
00:17:21,388 --> 00:17:25,194
there is no greater
insult to God
366
00:17:25,218 --> 00:17:28,240
than to kill one of his babies.
367
00:17:28,264 --> 00:17:31,548
No matter how much I try
368
00:17:31,572 --> 00:17:35,595
to atone for that
child's death...
369
00:17:35,619 --> 00:17:38,207
God always
370
00:17:38,231 --> 00:17:40,992
gets the last word.
371
00:17:41,016 --> 00:17:43,758
Myeloma.
372
00:17:45,107 --> 00:17:47,762
Blood cancer.
373
00:17:57,728 --> 00:17:58,836
Mr. Colón?
374
00:17:58,860 --> 00:18:00,142
Any idea when
375
00:18:00,166 --> 00:18:02,057
your witness plans on
making an appearance?
376
00:18:02,081 --> 00:18:04,344
We've been sitting
here for half an hour.
377
00:18:06,259 --> 00:18:08,585
Yes, yes, of course, Your Honor.
378
00:18:08,609 --> 00:18:11,414
Well, we are doing
everything we can
379
00:18:11,438 --> 00:18:12,545
to locate him.
380
00:18:12,569 --> 00:18:14,417
I do apologize
381
00:18:14,441 --> 00:18:16,138
for the delay.
382
00:18:21,796 --> 00:18:23,426
I don't understand.
383
00:18:23,450 --> 00:18:24,949
You said you hired
384
00:18:24,973 --> 00:18:26,124
an ambulance to bring him here.
385
00:18:26,148 --> 00:18:28,107
How do you lose an ambulance?
386
00:18:31,153 --> 00:18:32,957
Danny, where the hell are you?
387
00:18:32,981 --> 00:18:35,394
He's dead, Bull.
388
00:18:35,418 --> 00:18:37,179
We were going through the
Midtown Tunnel and he just
389
00:18:37,203 --> 00:18:39,659
started gasping for breath and
390
00:18:39,683 --> 00:18:41,400
then he just died.
391
00:18:41,424 --> 00:18:43,707
Even with rush hour
traffic with the siren on,
392
00:18:43,731 --> 00:18:45,274
we couldn't get
out of the tunnel.
393
00:18:45,298 --> 00:18:47,667
I-I couldn't get
cell service and...
394
00:18:47,691 --> 00:18:50,825
We need to talk to the judge.
395
00:18:51,608 --> 00:18:54,457
I don't deny
pulling the trigger,
396
00:18:54,481 --> 00:18:57,721
but... there is no greater
397
00:18:57,745 --> 00:18:59,853
insult to God than to kill
398
00:18:59,877 --> 00:19:01,942
one of his babies.
399
00:19:01,966 --> 00:19:04,641
No matter how much I try
400
00:19:04,665 --> 00:19:07,470
to atone for that child's
401
00:19:07,494 --> 00:19:08,949
death...
402
00:19:08,973 --> 00:19:12,170
God always gets
403
00:19:12,194 --> 00:19:14,651
the last word.
404
00:19:14,675 --> 00:19:17,741
Myeloma.
405
00:19:17,765 --> 00:19:20,657
Blood cancer.
406
00:19:20,681 --> 00:19:23,858
Ms. Glover, I'll hear you next.
407
00:19:25,512 --> 00:19:27,272
Thank you.
408
00:19:27,296 --> 00:19:29,535
Your Honor, the People urge you
409
00:19:29,559 --> 00:19:32,364
to deny this motion on the
grounds that this new evidence
410
00:19:32,388 --> 00:19:35,585
is... despite what Mr. Craddick's
attorneys may say...
411
00:19:35,609 --> 00:19:37,500
Rank hearsay.
412
00:19:37,524 --> 00:19:39,502
We were not given the
opportunity to be present
413
00:19:39,526 --> 00:19:42,026
when the declarant gave
his so-called confession.
414
00:19:42,050 --> 00:19:44,420
And consequently
we were not able
415
00:19:44,444 --> 00:19:46,161
to cross-examine him.
416
00:19:46,185 --> 00:19:49,207
Your Honor... no one
wishes that Mr. Sidorenko
417
00:19:49,231 --> 00:19:52,515
was alive and here
today more than we do.
418
00:19:52,539 --> 00:19:56,171
These are obviously
extenuating circumstances.
419
00:19:56,195 --> 00:19:57,892
I...
420
00:19:59,023 --> 00:20:01,263
Even setting that aside,
421
00:20:01,287 --> 00:20:05,397
this alleged new evidence
is less a dying declaration
422
00:20:05,421 --> 00:20:07,312
and more like a
deathbed fairy tale,
423
00:20:07,336 --> 00:20:10,359
replete with melodrama
and a third act reversal.
424
00:20:10,383 --> 00:20:13,362
We're expected to take
the word of a criminal?
425
00:20:13,386 --> 00:20:16,452
An accomplished liar?
A professional killer?
426
00:20:16,476 --> 00:20:19,542
This man was paid to
murder people... he could just
427
00:20:19,566 --> 00:20:21,413
as easily have been
paid to lie on that video.
428
00:20:21,437 --> 00:20:23,241
And given his illness,
429
00:20:23,265 --> 00:20:25,374
Mr. Sidorenko
had nothing to lose.
430
00:20:25,398 --> 00:20:27,419
For that reason alone,
431
00:20:27,443 --> 00:20:28,942
we beseech Your Honor
432
00:20:28,966 --> 00:20:30,988
to dismiss this
motion for a new trial.
433
00:20:31,012 --> 00:20:33,599
There is no new evidence here.
434
00:20:33,623 --> 00:20:35,732
Just new distractions.
435
00:20:35,756 --> 00:20:38,561
New... distortions.
436
00:20:38,585 --> 00:20:40,084
Thank you, Counselor.
437
00:20:40,108 --> 00:20:42,739
The court would like
to take a brief recess
438
00:20:42,763 --> 00:20:46,090
to consider both the legal
briefs and this new evidence.
439
00:20:46,114 --> 00:20:49,224
Let's reconvene in 30 minutes.
440
00:20:49,248 --> 00:20:51,878
- Call it.
- Can't. We made a compelling argument,
441
00:20:51,902 --> 00:20:53,402
but so did the A.D.A.
442
00:20:53,426 --> 00:20:55,404
I hear you. I wish I had a
better sense of the judge.
443
00:20:55,428 --> 00:20:56,535
You guys are crazy.
444
00:20:56,559 --> 00:20:58,145
It's done. It's over.
445
00:20:58,169 --> 00:20:59,973
My father is coming home.
446
00:20:59,997 --> 00:21:02,149
People know the
truth when they hear it.
447
00:21:02,173 --> 00:21:04,630
Did you see the look
on the face of his widow?
448
00:21:04,654 --> 00:21:06,023
On his mother?
449
00:21:06,047 --> 00:21:07,677
Leo, they're not the ones
450
00:21:07,701 --> 00:21:09,141
deciding whether
we get a new trial.
451
00:21:13,924 --> 00:21:17,450
Hey, Detective Kaminsky.
452
00:21:19,713 --> 00:21:22,213
I'm sorry. One of
you call my name?
453
00:21:22,237 --> 00:21:24,563
I did. My name's Leo Craddick.
454
00:21:24,587 --> 00:21:25,695
No. Leo
455
00:21:25,719 --> 00:21:27,131
I'm Arthur Craddick's son.
456
00:21:27,155 --> 00:21:29,220
The little boy whose
father you locked up
457
00:21:29,244 --> 00:21:30,700
for something he didn't do?
458
00:21:30,724 --> 00:21:32,179
Today's the day, Kaminsky.
459
00:21:32,203 --> 00:21:34,312
There's gonna be a reckoning.
460
00:21:34,336 --> 00:21:36,358
- A reckoning?
- You heard me.
461
00:21:36,382 --> 00:21:39,012
Cops who put innocent
people behind bars need
462
00:21:39,036 --> 00:21:41,450
to face consequences...
Professional consequences,
463
00:21:41,474 --> 00:21:44,409
financial consequences,
legal consequences...
464
00:21:44,433 --> 00:21:45,715
And you're going to.
465
00:21:45,739 --> 00:21:47,282
You gentlemen heard that, right?
466
00:21:47,306 --> 00:21:51,503
This young man
just threatened me.
467
00:21:51,527 --> 00:21:52,678
The judge is back.
468
00:21:52,702 --> 00:21:55,115
Judge is back.
469
00:21:55,139 --> 00:21:57,968
Nice to see you again, Leo.
470
00:22:00,319 --> 00:22:01,818
What the hell was that?
471
00:22:01,842 --> 00:22:04,061
At cannot happen again.
472
00:22:05,019 --> 00:22:07,389
A.D.A. Glover, Mr. Colón,
473
00:22:07,413 --> 00:22:10,479
I've read your briefs
and heard the arguments.
474
00:22:10,503 --> 00:22:13,960
- Hey.
- On reflection, I find
475
00:22:13,984 --> 00:22:15,919
Mr. Sidorenko's
statement highly troubling.
476
00:22:15,943 --> 00:22:20,097
Frankly, it begs many more
questions than it answers.
477
00:22:20,121 --> 00:22:22,534
But given the
People's lack of access
478
00:22:22,558 --> 00:22:24,231
to the witness when
he was available,
479
00:22:24,255 --> 00:22:26,103
I find the evidence falls short
480
00:22:26,127 --> 00:22:29,193
of meeting the court's
definition of "substantial."
481
00:22:29,217 --> 00:22:30,629
And so, the motion
482
00:22:30,653 --> 00:22:33,110
for a new trial is
denied without prejudice.
483
00:22:33,134 --> 00:22:35,112
If any more evidence
484
00:22:35,136 --> 00:22:37,573
comes to light, you
can file a new motion.
485
00:22:41,403 --> 00:22:43,903
Move for a sentence review.
Argue substantial assistance.
486
00:22:43,927 --> 00:22:45,252
Do it now.
487
00:22:45,276 --> 00:22:48,430
Your Honor, I ask
488
00:22:48,454 --> 00:22:50,693
that the court please
consider a reduction
489
00:22:50,717 --> 00:22:52,521
of Mr. Craddick's sentence.
490
00:22:52,545 --> 00:22:54,523
On what grounds?
491
00:22:54,547 --> 00:22:57,569
Well, Mr. Sidorenko's sworn
testimony details other murders
492
00:22:57,593 --> 00:23:00,442
he committed, murders
never solved by the police.
493
00:23:00,466 --> 00:23:04,359
By tracking down Mr. Sidorenko,
Mr. Craddick has, in effect,
494
00:23:04,383 --> 00:23:06,535
offered substantial
assistance to law enforcement.
495
00:23:06,559 --> 00:23:08,232
And as I'm sure you're aware,
496
00:23:08,256 --> 00:23:11,322
that qualifies him for
a reduced sentence.
497
00:23:11,346 --> 00:23:14,151
Your Honor, the People
strenuously object.
498
00:23:14,175 --> 00:23:16,371
This is obviously a cheap ploy
499
00:23:16,395 --> 00:23:18,092
by Mr. Craddick's
lawyers. Just...
500
00:23:21,965 --> 00:23:25,467
The motion for a new trial
was actually a very close call.
501
00:23:25,491 --> 00:23:28,905
So I will allow your
motion, Mr. Colón,
502
00:23:28,929 --> 00:23:32,038
and reduce Mr. Craddick's
sentence from 25 years to life,
503
00:23:32,062 --> 00:23:35,433
down to 18 years to 25 years.
504
00:23:35,457 --> 00:23:38,591
Ladies and gentlemen,
this court is adjourned.
505
00:23:40,462 --> 00:23:41,918
All right.
506
00:23:41,942 --> 00:23:43,920
Why does everyone look so happy?
507
00:23:43,944 --> 00:23:45,791
Pops is still
locked up for years.
508
00:23:45,815 --> 00:23:48,228
Actually, if I remember
my penal code correctly,
509
00:23:48,252 --> 00:23:50,317
18 to 25 means I...
510
00:23:50,341 --> 00:23:54,041
Could be immediately
released from prison on parole.
511
00:24:00,003 --> 00:24:01,285
Back in my law clinic days,
512
00:24:01,309 --> 00:24:03,156
I helped some
inmates prep for parole.
513
00:24:03,180 --> 00:24:04,767
Saw the system from the inside.
514
00:24:04,791 --> 00:24:06,029
It's not pretty.
515
00:24:06,053 --> 00:24:07,465
- How do you mean?
- Well,
516
00:24:07,489 --> 00:24:12,078
the decisions tend to be
really random, inconsistent.
517
00:24:12,102 --> 00:24:15,560
And from what I saw, a
Black inmate is twice as likely
518
00:24:15,584 --> 00:24:17,562
as a white one to
be denied parole,
519
00:24:17,586 --> 00:24:19,675
and that's for the
exact same crime.
520
00:24:20,937 --> 00:24:23,438
Any more good news?
521
00:24:23,462 --> 00:24:25,614
Well, for starters,
522
00:24:25,638 --> 00:24:29,095
everything that we're doing
here is completely irrelevant.
523
00:24:29,119 --> 00:24:32,708
There's no voir dire, there's
no cross-examining anyone,
524
00:24:32,732 --> 00:24:34,492
there's no rebuttal
of witnesses.
525
00:24:34,516 --> 00:24:37,147
Parole decisions are not
subject to due process,
526
00:24:37,171 --> 00:24:39,541
which means the
inmates can't even appeal.
527
00:24:39,565 --> 00:24:42,631
Look, I'm sorry, but I'm worried
528
00:24:42,655 --> 00:24:46,310
that we're bringing trial
science to a knife fight.
529
00:24:47,094 --> 00:24:48,941
Should we talk about the
three parole commissioners.
530
00:24:48,965 --> 00:24:50,465
Bull, Benny and
Arthur will be facing?
531
00:24:50,489 --> 00:24:53,555
I got these names from
the prison administrator
532
00:24:53,579 --> 00:24:55,165
about an hour ago.
533
00:24:55,189 --> 00:24:57,776
You are looking at
a former prosecutor,
534
00:24:57,800 --> 00:25:02,520
a retired family court judge,
and a retired police captain.
535
00:25:02,544 --> 00:25:04,566
My people.
536
00:25:04,590 --> 00:25:05,895
N-No.
537
00:25:07,549 --> 00:25:10,528
How in the hell is Arthur gonna
get two of these three folks
538
00:25:10,552 --> 00:25:11,790
to be on his side?
539
00:25:11,814 --> 00:25:13,792
Come on. It is not
as bad as all that.
540
00:25:13,816 --> 00:25:16,578
Arthur has a clean
disciplinary record,
541
00:25:16,602 --> 00:25:19,842
a near-perfect score on
the recidivism risk exam,
542
00:25:19,866 --> 00:25:22,322
and an impressive parole plan.
543
00:25:22,346 --> 00:25:25,064
Marissa, we're talking
about a Black man
544
00:25:25,088 --> 00:25:28,154
who has already been found
guilty of a double murder.
545
00:25:28,178 --> 00:25:30,766
The chance of
these three telling him
546
00:25:30,790 --> 00:25:32,071
he can go home early?
547
00:25:32,095 --> 00:25:34,358
I'm thinking slim to none.
548
00:25:36,012 --> 00:25:37,642
You ever been to one of these?
549
00:25:37,666 --> 00:25:38,817
A parole hearing?
550
00:25:38,841 --> 00:25:40,515
Yup, I've testified.
551
00:25:40,539 --> 00:25:42,342
But only as a prosecutor.
552
00:25:42,366 --> 00:25:44,954
And I was in and out.
Said my piece, and I left.
553
00:25:44,978 --> 00:25:46,433
I've been doing
a lot of research,
554
00:25:46,457 --> 00:25:47,609
talking to a lot of people.
555
00:25:47,633 --> 00:25:49,436
- It's a weird beast.
- How do you mean?
556
00:25:49,460 --> 00:25:51,047
There's this unspoken rule.
557
00:25:51,071 --> 00:25:53,353
Turns out parole
is premised on guilt
558
00:25:53,377 --> 00:25:55,834
and contingent on
expressing remorse.
559
00:25:55,858 --> 00:25:57,488
I'm not following.
560
00:25:57,512 --> 00:25:59,621
Well, the trap a lot
of inmates fall into is
561
00:25:59,645 --> 00:26:01,013
they try to
relitigate their crime.
562
00:26:01,037 --> 00:26:03,059
They deny that they
did it, and apparently
563
00:26:03,083 --> 00:26:04,539
the second the
commissioners hear that,
564
00:26:04,563 --> 00:26:07,411
they instantly deny
the petitioner parole.
565
00:26:07,435 --> 00:26:08,673
So wait a second.
566
00:26:08,697 --> 00:26:10,327
So, when Arthur
gets up there to speak,
567
00:26:10,351 --> 00:26:12,634
what's he supposed
to say... "I did it"?
568
00:26:12,658 --> 00:26:14,026
Well, based on what I'm hearing,
569
00:26:14,050 --> 00:26:16,028
these commissioners
are expecting an apology
570
00:26:16,052 --> 00:26:17,682
for a crime our
client didn't commit.
571
00:26:17,706 --> 00:26:19,075
So what do we do?
572
00:26:19,099 --> 00:26:21,338
Advise him to lie so
he can get out of prison,
573
00:26:21,362 --> 00:26:24,602
or tell the truth and kill
his chances for parole?
574
00:26:24,626 --> 00:26:26,125
Neither. I think what we have
575
00:26:26,149 --> 00:26:28,388
to do is construct a
permission structure.
576
00:26:28,412 --> 00:26:29,588
A what?
577
00:26:30,719 --> 00:26:32,001
Permission structure.
578
00:26:32,025 --> 00:26:33,568
It's a way of giving
people permission
579
00:26:33,592 --> 00:26:34,873
to embrace a decision that,
580
00:26:34,897 --> 00:26:36,440
on its face, seems
counter intuitive.
581
00:26:36,464 --> 00:26:39,138
A decision that they think
they came to on their own,
582
00:26:39,162 --> 00:26:41,643
even though we placed the
seeds to make it possible.
583
00:26:45,429 --> 00:26:46,972
Good afternoon.
584
00:26:46,996 --> 00:26:50,236
My name is Leo Craddick,
and I'm Arthur Craddick's son.
585
00:26:50,260 --> 00:26:54,284
Before my father was arrested,
I played baseball as a kid,
586
00:26:54,308 --> 00:26:56,982
and my dad was my
Little League coach.
587
00:26:57,006 --> 00:26:59,245
Before every
game, he'd gather us
588
00:26:59,269 --> 00:27:03,206
around and say "Swing
hard, boys, swing hard."
589
00:27:03,230 --> 00:27:06,252
That's what he's
done behind bars.
590
00:27:06,276 --> 00:27:08,254
Never stopped being a parent,
591
00:27:08,278 --> 00:27:11,040
- never stopped loving me.
- Do you see Kovolchuk's widow here?
592
00:27:11,064 --> 00:27:13,564
12 years of prison is enough
to break most anyone's soul.
593
00:27:13,588 --> 00:27:14,913
No.
594
00:27:14,937 --> 00:27:16,654
But my father's never broke.
595
00:27:16,678 --> 00:27:18,830
He taught himself the law.
596
00:27:18,854 --> 00:27:21,528
He made it his
business to finish college.
597
00:27:21,552 --> 00:27:23,226
And upon his release,
598
00:27:23,250 --> 00:27:27,012
he plans to attend night classes
at Hudson University Law School
599
00:27:27,036 --> 00:27:29,624
while working part-time
as a warehouse clerk.
600
00:27:29,648 --> 00:27:32,801
I've asked him to come live with
me, become part of my household.
601
00:27:32,825 --> 00:27:37,762
Maybe even make up for some
of the 12 years that we've lost.
602
00:27:37,786 --> 00:27:39,677
I hope you'll agree that
our parole plan includes
603
00:27:39,701 --> 00:27:43,072
every necessary element
for a successful transition.
604
00:27:43,096 --> 00:27:45,378
Work, family, ambition.
605
00:27:45,402 --> 00:27:48,991
I'm taking it on faith
that you're sitting there
606
00:27:49,015 --> 00:27:50,209
because you believe in the power
607
00:27:50,233 --> 00:27:51,733
of second chances.
608
00:27:51,757 --> 00:27:54,518
That you believe in the
power of redemption.
609
00:27:54,542 --> 00:27:56,389
That you believe
that a man's ability
610
00:27:56,413 --> 00:27:58,870
to make a contribution
to society lasts
611
00:27:58,894 --> 00:28:01,157
as long as he draws breath.
612
00:28:01,897 --> 00:28:04,484
My father's ready.
613
00:28:04,508 --> 00:28:09,359
Please extend this
opportunity to him.
614
00:28:09,383 --> 00:28:11,361
You will not regret it.
615
00:28:11,385 --> 00:28:14,605
Society will not regret it.
616
00:28:16,782 --> 00:28:19,175
Thank you for your time.
617
00:28:20,960 --> 00:28:22,788
Thank you, Mr. Craddick.
618
00:28:41,023 --> 00:28:45,395
Ivan was a happy little boy
619
00:28:45,419 --> 00:28:49,921
who maybe went
wild as a teenager.
620
00:28:49,945 --> 00:28:52,924
Did bad things, yes.
621
00:28:52,948 --> 00:28:54,926
But was a wonderful father.
622
00:28:54,950 --> 00:28:57,494
His little girl Galina,
623
00:28:57,518 --> 00:29:01,367
my Galishka, should
have turned 13 this month.
624
00:29:01,391 --> 00:29:04,457
Eighth grade.
Sleepovers, school dances.
625
00:29:04,481 --> 00:29:08,810
All of it destroyed
626
00:29:08,834 --> 00:29:10,333
by Arthur Craddick.
627
00:29:10,357 --> 00:29:13,249
He took my son.
628
00:29:13,273 --> 00:29:15,555
He took my granddaughter.
629
00:29:15,579 --> 00:29:18,210
The dead don't get a voice.
630
00:29:18,234 --> 00:29:21,257
So it's for them that I beg you.
631
00:29:21,281 --> 00:29:26,242
Do not release the man who
assassinated Ivan and Galina.
632
00:29:44,173 --> 00:29:45,890
Marissa?
633
00:29:45,914 --> 00:29:48,327
Listen, do me a favor.
634
00:29:48,351 --> 00:29:51,504
Ivan's wife, the
little girl's mother...
635
00:29:51,528 --> 00:29:55,508
Zasha Kovolchuk...
she didn't show up today.
636
00:29:55,532 --> 00:29:58,468
That's odd. She attended
every day of the original trial
637
00:29:58,492 --> 00:30:00,078
and the motion
hearing, didn't she?
638
00:30:00,102 --> 00:30:01,558
She sure did.
639
00:30:01,582 --> 00:30:03,603
So, what's more important to her
640
00:30:03,627 --> 00:30:06,084
than testifying against
Arthur's release?
641
00:30:06,108 --> 00:30:08,304
I'll ask Taylor to look into it.
642
00:30:08,328 --> 00:30:12,177
Hate to admit it, but
this contract killer,
643
00:30:12,201 --> 00:30:15,615
Kiril Sidorenko, was
very good at his job.
644
00:30:15,639 --> 00:30:17,704
I love a good
inspirational success story.
645
00:30:17,728 --> 00:30:19,184
How do you mean?
646
00:30:19,208 --> 00:30:21,099
Well, the guy never
established a signature pattern
647
00:30:21,123 --> 00:30:22,187
that the cops could latch onto.
648
00:30:22,211 --> 00:30:24,711
Never did the same thing twice.
649
00:30:24,735 --> 00:30:27,105
I have been through every
murder he's been accused of,
650
00:30:27,129 --> 00:30:29,151
including the ones he admitted
to in his taped confession,
651
00:30:29,175 --> 00:30:31,196
and there's nothing
concrete that ties those killings
652
00:30:31,220 --> 00:30:32,850
to the Kovolchuk murders.
653
00:30:32,874 --> 00:30:33,895
Any news from the front?
654
00:30:33,919 --> 00:30:35,592
Bull is suddenly very interested
655
00:30:35,616 --> 00:30:38,290
in Zasha Kovolchuk,
Ivan's widow.
656
00:30:38,314 --> 00:30:40,205
Why? What did she
do to get his attention?
657
00:30:40,229 --> 00:30:42,381
She was not at
the hearing today,
658
00:30:42,405 --> 00:30:45,080
and Bull wants to know why.
659
00:30:45,104 --> 00:30:46,342
Maybe she had to work.
660
00:30:46,366 --> 00:30:49,040
Let's find out.
661
00:30:49,064 --> 00:30:52,043
According to the background
file I've been compiling on her,
662
00:30:52,067 --> 00:30:54,263
at the time of the
murders, and for years after,
663
00:30:54,287 --> 00:30:55,612
she worked as a cashier
664
00:30:55,636 --> 00:30:57,744
at a Russian bakery
in Little Ukraine.
665
00:30:57,768 --> 00:30:59,050
And now?
666
00:30:59,074 --> 00:31:00,791
Give me a sec.
667
00:31:00,815 --> 00:31:03,185
33, never married
or had another child.
668
00:31:03,209 --> 00:31:05,100
What about work?
669
00:31:05,124 --> 00:31:06,405
Or maybe she moved away.
670
00:31:06,429 --> 00:31:07,929
What's her current address?
671
00:31:07,953 --> 00:31:10,888
Apparently, Zasha Kovolchuk
owns a two-bedroom,
672
00:31:10,912 --> 00:31:13,804
two-and-a-half-bath condominium
in Syosset, Long Island
673
00:31:13,828 --> 00:31:15,414
for which she
paid a lot of money.
674
00:31:15,438 --> 00:31:16,981
How much is a lot?
675
00:31:17,005 --> 00:31:19,051
More than your place is worth.
676
00:31:19,834 --> 00:31:22,857
Sorry. I had to look it up when
we were defending you and Greg.
677
00:31:22,881 --> 00:31:24,641
She also owns
678
00:31:24,665 --> 00:31:27,426
a small chain of Russian
bakeries in the tristate area.
679
00:31:27,450 --> 00:31:29,428
A chain? How is that possible?
680
00:31:29,452 --> 00:31:30,821
You just said she was a cashier.
681
00:31:30,845 --> 00:31:32,605
Good morning, commissioners.
682
00:31:32,629 --> 00:31:34,825
This case is tragically simple.
683
00:31:34,849 --> 00:31:37,262
Two people, a young
man and his baby,
684
00:31:37,286 --> 00:31:39,612
were gunned down in cold blood.
685
00:31:39,636 --> 00:31:42,354
This was a crime for
which a judge saw fit
686
00:31:42,378 --> 00:31:44,356
to give Arthur
Craddick a life sentence.
687
00:31:44,380 --> 00:31:46,881
And the only reason
that we're here today even
688
00:31:46,905 --> 00:31:48,839
entertaining this
parole, is because,
689
00:31:48,863 --> 00:31:51,320
through no effort on
Arthur Craddick's behalf,
690
00:31:51,344 --> 00:31:53,844
a dying, hired contract
killer confessed
691
00:31:53,868 --> 00:31:56,978
to some other unsolved murders
that the police were anxious
692
00:31:57,002 --> 00:31:59,676
to get off their dockets.
693
00:31:59,700 --> 00:32:01,286
And as for
694
00:32:01,310 --> 00:32:05,464
Mr. Craddick's parole plan,
let's review it one more time.
695
00:32:05,488 --> 00:32:08,815
As it turns out, Hudson
University Law School
696
00:32:08,839 --> 00:32:10,730
has just informed
us that they are
697
00:32:10,754 --> 00:32:12,602
withdrawing Arthur
Craddick's acceptance
698
00:32:12,626 --> 00:32:14,909
upon learning of his
conviction for double murder.
699
00:32:14,933 --> 00:32:18,434
We've also been informed
that the warehouse manager
700
00:32:18,458 --> 00:32:19,870
who had offered a
job to Mr. Craddick
701
00:32:19,894 --> 00:32:21,828
is likewise
withdrawing the offer
702
00:32:21,852 --> 00:32:24,701
after learning that he was
convicted of killing a child.
703
00:32:24,725 --> 00:32:27,834
And here, Leo's landlord,
704
00:32:27,858 --> 00:32:29,749
with a duty to protect
his other tenants
705
00:32:29,773 --> 00:32:33,666
from a convicted murderer,
has now changed his mind.
706
00:32:33,690 --> 00:32:37,781
And will evict Leo if,
in fact, Arthur moves in.
707
00:32:38,565 --> 00:32:40,630
Let there be no ambiguity.
708
00:32:40,654 --> 00:32:42,893
Mr. Craddick is a
remorseless killer
709
00:32:42,917 --> 00:32:45,243
who, without a home
or a job or a purpose,
710
00:32:45,267 --> 00:32:49,532
is not at all poised to
successfully reenter society.
711
00:32:53,972 --> 00:32:55,427
I don't understand.
712
00:32:55,451 --> 00:32:56,994
Why are they doing this?
713
00:32:57,018 --> 00:32:59,127
Who are they protecting?
714
00:32:59,151 --> 00:33:00,761
Themselves.
715
00:33:05,374 --> 00:33:07,352
So, last night, while I
was trying to find out
716
00:33:07,376 --> 00:33:08,788
everything I could
about Zasha Kovolchuk
717
00:33:08,812 --> 00:33:10,442
and how she could
afford such a nice home
718
00:33:10,466 --> 00:33:14,055
and so many businesses, I
discovered the damnedest thing.
719
00:33:14,079 --> 00:33:16,361
Starting right after the
murders, Zasha received
720
00:33:16,385 --> 00:33:19,147
monthly cash payments in
amounts ranging from $4,000
721
00:33:19,171 --> 00:33:21,062
to $6,000 from...
722
00:33:21,086 --> 00:33:22,541
You're gonna love this.
723
00:33:22,565 --> 00:33:24,195
Her husband's assassin,
724
00:33:24,219 --> 00:33:26,067
the late Kiril Sidorenko.
725
00:33:26,091 --> 00:33:27,875
Excuse me?
726
00:33:28,658 --> 00:33:31,202
So, what did he
say on that tape?
727
00:33:31,226 --> 00:33:34,945
"No matter how much I have
tried to atone for Galina's death..."
728
00:33:34,969 --> 00:33:38,775
He didn't say "repent,"
he said "atone," which
729
00:33:38,799 --> 00:33:43,780
is a debt of forgiveness
that can never truly be repaid.
730
00:33:43,804 --> 00:33:47,610
So... Kiril Sidorenko
tried, in his own way,
731
00:33:47,634 --> 00:33:49,612
to buy her forgiveness.
732
00:33:49,636 --> 00:33:52,267
Yeah. We have to get
her to that parole hearing.
733
00:33:52,291 --> 00:33:54,051
What do you mean?
734
00:33:54,075 --> 00:33:55,879
Well, Arthur isn't
allowed to testify
735
00:33:55,903 --> 00:33:57,968
to his own innocence.
736
00:33:57,992 --> 00:33:59,820
But she can.
737
00:34:04,433 --> 00:34:05,976
Can I help you?
738
00:34:06,000 --> 00:34:08,457
I'm looking for a messenger.
739
00:34:08,481 --> 00:34:09,936
I need to sign something.
740
00:34:09,960 --> 00:34:11,634
Yeah. I'm sorry.
That's my fault.
741
00:34:11,658 --> 00:34:13,940
There's no messenger. I mean,
I was the one who called you.
742
00:34:13,964 --> 00:34:15,488
I work for Arthur Craddick.
743
00:34:16,358 --> 00:34:18,771
Did you know he wasn't
guilty before the hearing?
744
00:34:18,795 --> 00:34:20,817
Before you saw the
tape? You didn't, did you?
745
00:34:20,841 --> 00:34:22,732
That's why you stopped
showing up for the hearings.
746
00:34:22,756 --> 00:34:24,690
You realized after
all these years
747
00:34:24,714 --> 00:34:26,344
you'd been wrong.
748
00:34:26,368 --> 00:34:28,849
Who do you think the man was
sending you money every month?
749
00:34:30,633 --> 00:34:32,481
Ms. Kovolchuk, I need
you to come with me
750
00:34:32,505 --> 00:34:33,960
and testify on Arthur's behalf.
751
00:34:33,984 --> 00:34:35,919
Leave me alone, or I'm
going to call the police.
752
00:34:35,943 --> 00:34:37,486
Believe me, the police
are the last people
753
00:34:37,510 --> 00:34:39,314
you want in your life right now.
754
00:34:39,338 --> 00:34:41,664
You pocketed $700,000,
all of it undeclared.
755
00:34:41,688 --> 00:34:43,666
You know what that's
called? Tax fraud.
756
00:34:43,690 --> 00:34:45,494
Then you funneled
that blood money
757
00:34:45,518 --> 00:34:46,886
into business transactions.
758
00:34:46,910 --> 00:34:48,149
That's called money laundering.
759
00:34:48,173 --> 00:34:50,107
But from the
second that you knew
760
00:34:50,131 --> 00:34:53,893
Arthur didn't kill your husband
and you kept it to yourself
761
00:34:53,917 --> 00:34:56,026
that's obstruction of justice.
762
00:34:56,050 --> 00:34:58,507
So you come with me,
and I will do everything I can
763
00:34:58,531 --> 00:34:59,899
to make that stuff go away.
764
00:34:59,923 --> 00:35:04,972
But I need you to talk
to the parole board.
765
00:35:09,977 --> 00:35:12,608
You know where our friend
Detective Kaminsky is?
766
00:35:12,632 --> 00:35:14,044
I have no idea.
767
00:35:14,068 --> 00:35:15,872
Mr. Craddick,
768
00:35:15,896 --> 00:35:19,049
you're now invited to
speak on your own behalf.
769
00:35:19,073 --> 00:35:21,443
Well, if it pleases
the parole board,
770
00:35:21,467 --> 00:35:24,185
we would like to call
one last support witness.
771
00:35:24,209 --> 00:35:26,448
We would not ask
for the additional time
772
00:35:26,472 --> 00:35:30,539
if we didn't believe the
witness to be vitally important.
773
00:35:30,563 --> 00:35:31,975
Certainly.
774
00:35:31,999 --> 00:35:33,696
Go ahead.
775
00:35:54,456 --> 00:35:56,739
Good afternoon.
776
00:35:56,763 --> 00:36:00,351
For 12 years, the
legal system told me,
777
00:36:00,375 --> 00:36:02,658
over and over again,
778
00:36:02,682 --> 00:36:07,165
that Arthur Craddick killed
my baby and killed my husband.
779
00:36:07,948 --> 00:36:10,579
It wasn't their opinion,
it wasn't their theory,
780
00:36:10,603 --> 00:36:14,060
it was simply the fact.
781
00:36:14,084 --> 00:36:18,500
And that fact has been a rock
my grief could always hold onto.
782
00:36:18,524 --> 00:36:23,616
My certainty that that man
was in a jail for what he did.
783
00:36:25,400 --> 00:36:26,880
But
784
00:36:27,663 --> 00:36:32,949
at that hearing, watching
Kiril Sidorenko's confession
785
00:36:32,973 --> 00:36:34,951
changed all of that.
786
00:36:34,975 --> 00:36:38,911
Robbed me of all of that.
787
00:36:38,935 --> 00:36:42,785
Because when you
finally hear the truth
788
00:36:42,809 --> 00:36:47,137
no matter what people
try to insist the facts are,
789
00:36:47,161 --> 00:36:48,617
you know.
790
00:36:48,641 --> 00:36:51,010
You know deep in your heart.
791
00:36:51,034 --> 00:36:52,447
I loved my husband,
792
00:36:52,471 --> 00:36:55,493
but let me tell you
something about my husband.
793
00:36:55,517 --> 00:36:57,650
My husband was a criminal.
794
00:36:58,477 --> 00:37:00,411
He threatened people.
795
00:37:00,435 --> 00:37:01,717
He took their money.
796
00:37:01,741 --> 00:37:03,936
And he dared them
to call the police.
797
00:37:03,960 --> 00:37:07,244
So trust me, I know
about criminals.
798
00:37:07,268 --> 00:37:11,161
So when you ask me,
"What do you think, Zasha?
799
00:37:11,185 --> 00:37:13,816
Who shot your baby
and your husband?"
800
00:37:13,840 --> 00:37:15,470
A hired killer?
801
00:37:15,494 --> 00:37:18,951
So bigger criminals,
tougher criminals,
802
00:37:18,975 --> 00:37:20,866
jealous of your
husband's success,
803
00:37:20,890 --> 00:37:24,000
can threaten people,
take their money
804
00:37:24,024 --> 00:37:26,679
and dare them
to call the police?
805
00:37:28,115 --> 00:37:30,136
Or a local dry cleaner,
806
00:37:30,160 --> 00:37:34,010
bringing up a child alone,
with everything to lose
807
00:37:34,034 --> 00:37:35,949
and very little to gain.
808
00:37:37,255 --> 00:37:38,884
I think the answer
809
00:37:38,908 --> 00:37:40,538
is obvious.
810
00:37:40,562 --> 00:37:45,326
As much as I want to believe
in Arthur Craddick's guilt
811
00:37:45,350 --> 00:37:48,329
the terrible truth is
812
00:37:48,353 --> 00:37:50,766
I know now
813
00:37:50,790 --> 00:37:53,401
he is innocent.
814
00:38:06,066 --> 00:38:07,739
A.D.A. Glover,
815
00:38:07,763 --> 00:38:09,287
your next witness?
816
00:38:11,593 --> 00:38:13,049
Right.
817
00:38:13,073 --> 00:38:16,618
Actually... the original
investigator on this case,
818
00:38:16,642 --> 00:38:18,054
Detective Joseph Kaminsky,
819
00:38:18,078 --> 00:38:20,535
was scheduled to testify today,
820
00:38:20,559 --> 00:38:23,364
but as you can see
821
00:38:23,388 --> 00:38:25,148
he's not here yet.
822
00:38:25,172 --> 00:38:27,933
And are you in
communication with him?
823
00:38:27,957 --> 00:38:29,326
Is he close?
824
00:38:29,350 --> 00:38:33,635
Actually, I've been
unable to reach him.
825
00:38:33,659 --> 00:38:35,724
Frankly, the facts relating
826
00:38:35,748 --> 00:38:40,076
to Detective Kaminsky's
investigation some 12 years ago,
827
00:38:40,100 --> 00:38:42,078
all of which are circumstantial,
828
00:38:42,102 --> 00:38:45,037
are already familiar to
all of us sitting up here
829
00:38:45,061 --> 00:38:47,170
on the board.
830
00:38:47,194 --> 00:38:49,477
What I'd like to
do at this point
831
00:38:49,501 --> 00:38:51,740
is simply move along.
832
00:38:51,764 --> 00:38:53,374
Of course.
833
00:38:54,549 --> 00:38:56,135
Well
834
00:38:56,159 --> 00:39:00,096
what once started as a
straightforward parole petition
835
00:39:00,120 --> 00:39:04,840
has suddenly turned into
something highly unusual,
836
00:39:04,864 --> 00:39:07,930
something that typically falls
837
00:39:07,954 --> 00:39:10,628
the question of this inmate's
838
00:39:10,652 --> 00:39:13,046
guilt or innocence.
839
00:39:14,090 --> 00:39:16,441
May I please say something?
840
00:39:19,574 --> 00:39:21,552
A tragedy like this,
841
00:39:21,576 --> 00:39:24,076
it's got a blast radius,
842
00:39:24,100 --> 00:39:27,277
destroying lives in
every single direction.
843
00:39:28,931 --> 00:39:31,345
My family
844
00:39:31,369 --> 00:39:34,328
your family, we're
connected by that.
845
00:39:35,851 --> 00:39:40,876
I truly am sorry,
Mrs. Kovolchuk,
846
00:39:40,900 --> 00:39:43,859
for all you've been through.
847
00:39:44,643 --> 00:39:46,447
That's all.
848
00:39:46,471 --> 00:39:49,275
I'm sorry for all of it.
849
00:39:49,299 --> 00:39:52,302
For the agony
we've all suffered.
850
00:40:08,101 --> 00:40:10,035
If you're through, Mr. Craddick,
851
00:40:10,059 --> 00:40:12,540
we'd like to render
our decision.
852
00:40:16,196 --> 00:40:18,392
In the matter of
inmate Arthur Craddick,
853
00:40:18,416 --> 00:40:21,003
it is our unanimous
decision that
854
00:40:21,027 --> 00:40:23,638
parole shall be granted.
855
00:40:34,867 --> 00:40:36,410
Dr. Bull
856
00:40:36,434 --> 00:40:37,498
thank you.
857
00:40:37,522 --> 00:40:40,612
You're welcome.
Only took 12 years.
858
00:40:52,885 --> 00:40:54,863
I didn't dream that, right?
859
00:40:54,887 --> 00:40:56,517
No, you didn't dream it.
860
00:40:56,541 --> 00:40:57,866
Hot off the presses.
861
00:40:57,890 --> 00:40:59,868
A.D.A. has agreed
to file a motion
862
00:40:59,892 --> 00:41:01,783
to vacate Arthur's conviction.
863
00:41:01,807 --> 00:41:03,872
That means full exoneration.
864
00:41:03,896 --> 00:41:06,135
She also says
865
00:41:06,159 --> 00:41:08,050
he should be out of
here tomorrow morning.
866
00:41:08,074 --> 00:41:10,444
Man, I got to buy a bed tonight.
867
00:41:10,468 --> 00:41:13,011
I cannot tell you, I have
imagined this moment
868
00:41:13,035 --> 00:41:14,080
hundreds of times.
869
00:41:17,649 --> 00:41:19,148
Leonard Craddick.
870
00:41:19,172 --> 00:41:20,802
I'm Leonard Craddick.
871
00:41:20,826 --> 00:41:23,674
- Officers, -what's going on here?
- I need to know
872
00:41:23,698 --> 00:41:26,198
if any of you have any
weapons on your person.
873
00:41:26,222 --> 00:41:27,983
- No.
- Everybody keep your hands
874
00:41:28,007 --> 00:41:29,767
on your heads, please.
We're Mr. Craddick's counsel.
875
00:41:29,791 --> 00:41:33,031
We have a right to know
what this is all about.
876
00:41:33,055 --> 00:41:34,424
What the hell?
877
00:41:34,448 --> 00:41:36,339
Leonard Craddick,
you are under arrest
878
00:41:36,363 --> 00:41:38,863
for the murder of
Detective Joseph Kaminsky.
879
00:41:38,887 --> 00:41:41,518
Anything you say can and will be
used against you Kaminsky's dead?
880
00:41:41,542 --> 00:41:43,564
In a court of law.
You have the right
881
00:41:43,588 --> 00:41:45,914
Leo, it's gonna be all
right. Officer, he is to remain
882
00:41:45,938 --> 00:41:47,437
unquestioned until we get there.
883
00:41:47,461 --> 00:41:49,874
Leo, you don't say
anything to anybody!
884
00:41:49,898 --> 00:41:52,118
You understand?
885
00:42:13,356 --> 00:42:19,164
Captioning sponsored by.
886
00:42:19,188 --> 00:42:21,388
Captioned by Media Access
Group at WGBH access.wgbh.org
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