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[Man Narrating]
In the criminal justice system,
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00:00:08,108 --> 00:00:11,817
the people are represented by two separate
yet equally important groups-
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00:00:11,879 --> 00:00:13,825
the police, who investigate crime,
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00:00:13,881 --> 00:00:16,452
and the district attorneys,
who prosecute the offenders.
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00:00:16,517 --> 00:00:18,463
These are their stories.
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00:00:19,520 --> 00:00:22,023
I feel stupid takin' him back.
Everybody knows I dumped him.
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00:00:22,089 --> 00:00:24,433
It's embarrassin' I mean, me
and Tommy got back together.
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00:00:24,491 --> 00:00:26,437
I know. I'm sorry, Chantal.
I didn't mean you guys.
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00:00:26,493 --> 00:00:29,872
[Gunshots]
[Girl Screaming]
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00:00:33,700 --> 00:00:36,442
Neighborhood kid.
Henry Ware, 19.
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00:00:36,503 --> 00:00:40,713
Shot twice in the chest.
Wallet, keys... and this in his pockets.
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00:00:40,774 --> 00:00:43,345
Coke?
Looks like. Good luck.
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00:00:43,410 --> 00:00:46,050
We'll let you know how it turns out.
Meantime, voucher that.
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00:00:46,113 --> 00:00:48,093
Hey, are those the witnesses?
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The ones that stuck around.
Friends of the deceased.
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00:00:51,385 --> 00:00:54,594
Hey, uh, you want to tell us
what happened over here?
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00:00:54,655 --> 00:00:59,229
Man, I don't know. We were just
sittin' here, talkin' with Bigboy.
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00:00:59,293 --> 00:01:02,399
Bigboy?
That's what we call Henry.
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00:01:02,462 --> 00:01:04,772
Anyway, we were
just chillin' you know?
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00:01:04,831 --> 00:01:07,243
Dude rides up outta nowhere,
fires off a couple.
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00:01:07,301 --> 00:01:11,181
- The dude say anything to Bigboy?
- Yeah, like, "Keep your hands off the goods.”
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00:01:11,238 --> 00:01:14,845
Something like that.
And then what happened?
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00:01:14,908 --> 00:01:18,685
Then we were screamin' and stuff,
and we couldn't believe it.
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Henry just grabs his chest
and falls down.
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What about the shooter?
Rode off that way.
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You think they knew each other?
I don't know. Never seen him before.
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What'd he look like?
[Girl] Kinda dark-skinned
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About our age.
Older, maybe. Twenty, twenty-one.
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Anything else?
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[Green] What? What's wrong?
He had, like, a weird eye.
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A weird eye?
Somethin' wrong with it.
His right eye.
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It was all white.
White?
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Messed up. Kinda milky-looking.
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You got any idea what this was about?
[Girl] No idea.
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What about drugs? Was he dealing?
[Boy] Dealing?
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Nah. Noway.
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[Woman]
Detectives? We got something here.
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All right. Stick around
and give your numbers
to the sergeant, all right?
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00:02:04,458 --> 00:02:06,529
We gotta make sure these kids
are on the level.
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I mean, if he was dealing,
this is an ordinary drug killing.
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I got a C.I. in this neighborhood
we could talk to.
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00:02:11,765 --> 00:02:13,711
Yeah, we got some
pretty good tire tracks here.
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00:02:13,767 --> 00:02:16,407
Yeah. That's where the witnesses said
the shooter rode off that way.
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00:02:16,470 --> 00:02:19,815
Well, we can take pictures, make a cast.
Maybe we'll get something.
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00:02:19,873 --> 00:02:21,819
All right, cool. Thanks.
Okay.
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00:02:21,875 --> 00:02:24,014
We might as well start
canvassing the neighborhood.
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00:02:24,077 --> 00:02:27,854
See if anybody saw a kid on a bike?
That oughta narrow it down.
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00:03:15,595 --> 00:03:18,235
Sorry I never seen a dude
with a weird eye...
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00:03:18,298 --> 00:03:21,006
sellin' coke or smack
or anything else around here.
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00:03:21,068 --> 00:03:23,742
What about this guy?
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00:03:23,804 --> 00:03:25,750
Fat kid. I seen him around.
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00:03:25,806 --> 00:03:28,980
Wait. Uh, Bigboy.
That's what they call him.
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00:03:29,042 --> 00:03:31,454
Yeah. But he's small time,
nickel and dime.
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You're right. He was dealing.
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00:03:33,580 --> 00:03:36,151
I guess his friends were just trying
to protect his good name.
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00:03:36,216 --> 00:03:39,425
Hey, any idea who'd
wanna take him out?
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00:03:39,486 --> 00:03:42,330
Like I said,
that dude was small time.
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00:03:42,389 --> 00:03:46,531
“Keep your hands off the goods."
Maybe Bigboy was stepping
on somebody else's turf.
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00:03:46,593 --> 00:03:50,905
You know who controls the corner
where he got shot?
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00:03:50,964 --> 00:03:53,808
Bigboy never sold nothing, all right?
Kid was strictly a mule.
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00:03:53,867 --> 00:03:55,847
[Briscoe] We heard he was selling
a little on the side.
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Nickels and dimes.
His friends said he liked
a little taste too, now and then,
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00:03:59,206 --> 00:04:01,152
so maybe he was
dipping into your goods.
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00:04:01,208 --> 00:04:04,121
Listen, I caught Bigboy
skimmin' on my stuff,
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00:04:04,177 --> 00:04:06,714
you think I would have
some mook on a bicycle
take him out?
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00:04:06,780 --> 00:04:10,193
I'll slap him up and down
the street myself,
make an example out of him.
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00:04:10,250 --> 00:04:13,322
And what about the shooter?
Don't know no black kid with a bad eye.
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00:04:13,386 --> 00:04:16,833
If we find out you were ever even
on the same subway car with him,
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00:04:16,890 --> 00:04:20,667
- you're gonna wish you never
dropped out of high school.
- I look worried to you?
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00:04:22,562 --> 00:04:24,508
You wanna keep working
this drug angle?
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00:04:24,564 --> 00:04:26,510
Much as I love mingling
with the lower crust,
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00:04:26,566 --> 00:04:30,878
why don't we find out if the lab's
got anything on those bike tracks?
All right.
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00:04:30,937 --> 00:04:33,781
These don't look at all alike.
How can you be sure
they're from the same bike?
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00:04:33,840 --> 00:04:35,786
You know, I thought the same thing, too,
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00:04:35,842 --> 00:04:39,688
but after comparing mold offset,
sipe pattern and center rib appearance--
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00:04:39,746 --> 00:04:44,195
You passed out from boredom?
I determined that
they're both Sinclair Cool J's.
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The only difference between
the two tracks is tread wear.
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00:04:47,220 --> 00:04:49,166
So one tire's
less worn than the other.
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00:04:49,222 --> 00:04:51,361
Not less worn. Brand-new.
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00:04:51,424 --> 00:04:53,665
Being as how you're
such a cycling enthusiast,
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00:04:53,727 --> 00:04:57,072
would you happen to have
a list of all the places
that sell these things?
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00:05:00,734 --> 00:05:03,237
Milky, kinda cloudy?
Right.
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00:05:03,303 --> 00:05:06,682
So, was he in here or not?
Kid said it was glass.
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00:05:06,740 --> 00:05:09,482
You know what?
I had a neighbor that had a glass eye.
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00:05:09,543 --> 00:05:13,081
If you looked at it in the right light
it was white.
Did you sell this kid a tire?
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00:05:13,146 --> 00:05:17,185
A Sinclair Cool J.
And while I'm taking it off the hook,
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00:05:17,250 --> 00:05:20,788
he tries to stuff a couple of
Shimano pedals under his jacket.
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00:05:20,854 --> 00:05:26,600
I told him if he ever came back,
I'd stick a Kooka crank
right up his you-know-what.
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00:05:26,660 --> 00:05:29,038
When was this?
Three, four weeks ago.
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00:05:29,095 --> 00:05:31,041
I don't suppose he used a credit card.
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00:05:31,097 --> 00:05:34,977
Now, that's funny.
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00:05:35,035 --> 00:05:39,711
On the other hand, how many black males,
16 to 25, have a glass eye?
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00:05:39,773 --> 00:05:42,219
These days,
they're mostly acrylic plastic.
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00:05:42,275 --> 00:05:44,448
Same as everything else.
Glass eyes aren't glass.
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00:05:44,511 --> 00:05:47,720
They still have to be maintained.
Maintained?
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00:05:47,781 --> 00:05:51,627
Well, you see, the eye's natural fluid
eats away at the artificial eyeball.
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00:05:51,685 --> 00:05:56,361
Now, this guy's eye is white,
kinda milky.
Oh, yeah. That can happen...
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00:05:56,423 --> 00:05:59,632
if you try to clean it yourself
with rubbing alcohol, for example.
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00:05:59,693 --> 00:06:03,698
- What kind of records do you keep?
- Basic stuff: name, age.
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Race?
No, but we file by eye color.
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00:06:06,366 --> 00:06:09,939
Okay, brown-eyed patients, 16 to 25.
How many are we talking about?
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[Typing]
Here we go.
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Uh, about 400-plus patients
in that category.
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00:06:16,476 --> 00:06:18,717
Oh, God, I really thought
this was gonna be a whole lot easier.
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00:06:18,778 --> 00:06:22,590
Now, this guy probably didn't have insurance.
You take those kind of cases?
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00:06:22,649 --> 00:06:25,391
Oh, Medicaid? Sure.
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00:06:25,452 --> 00:06:28,262
Um, how's 50 or so sound?
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[Knocking]
Prison guards don't talk to
as many felons as we have today.
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[Laughs]
That's what you get for being so brilliant.
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Yeah?
We're looking for Foster Keyes.
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He ain't in right now.
Who are you?
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I'm his cousin, man.
What's this all about?
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A shooting.
What you tryin' to say,
Foster shot somebody?
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00:06:50,877 --> 00:06:53,517
We think maybe
that he saw something.
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00:06:53,580 --> 00:06:56,857
Hmm. You got a card or something?
I'll give it to him when I see him.
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00:06:56,917 --> 00:07:00,023
You happen to know
where he is now?
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00:07:00,086 --> 00:07:02,362
I'll tell him to give you a holler.
Yeah, you do that.
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00:07:02,422 --> 00:07:04,925
Mm-hmm.
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00:07:04,991 --> 00:07:06,937
You check out the prison tats
on that dude?
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00:07:06,993 --> 00:07:09,132
If Keyes is our man,
Cousin Helpful here...
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00:07:09,195 --> 00:07:12,938
is gonna tip him off faster than
you can say "aiding and abetting."
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00:07:12,999 --> 00:07:16,446
Yo. Hey, uh, what's up?
Y'all know Foster Keyes?
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00:07:17,737 --> 00:07:20,877
Look, we already know where he lives.
We just wanna know where he hangs out.
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00:07:20,941 --> 00:07:23,649
I hear he got a new girl.
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00:07:23,710 --> 00:07:27,681
You crazy?
I ain't afraid of him. I hate that punk.
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00:07:27,747 --> 00:07:30,728
Other day I was sitting
right outside on the stoop,
wasn't bothering nobody.
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00:07:30,784 --> 00:07:32,786
Fos, he come up
and jack my Game Boy.
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00:07:32,852 --> 00:07:37,699
- You know the girl's name?
- No, but I seen her hanging out
at the projects on 168th.
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00:07:37,757 --> 00:07:39,703
Yo, am I gonna get my Game Boy back?
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We'll do our best.
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Later, y'all.
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I been here six years.
Believe me, if he lived here, I'd know.
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00:07:48,401 --> 00:07:50,847
Not him.We think
his girlfriend lives here.
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00:07:52,439 --> 00:07:56,353
[Girl] Who is it?
It's the police. Can you open up?
I just need to ask you a question.
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Hold on.
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00:07:58,445 --> 00:08:01,016
[Whispering]
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00:08:02,449 --> 00:08:04,759
Lennie.
Thanks anyway. Never mind.
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00:08:09,055 --> 00:08:11,194
It's the police! Open the door!
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What's goin' on?
[Briscoe] Where is he?
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- Who? I'm the only one here.
- I heard voices. Your boyfriend.
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00:08:21,601 --> 00:08:24,844
- Boyfriend? I ain't got no boyfriend.
- Foster Keyes! Where is he?
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Kitchen's clear.
Is that the bedroom?
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How long you known Foster?
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00:08:31,511 --> 00:08:35,391
- Ed!
- Stay right here.
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I ain't do nothing.
Good Then you can
come out of the closet.
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00:08:55,635 --> 00:09:00,812
The witnesses are waiting outside.
Yo-ho-ho and a bottle of rum.
What's up with the pirates?
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00:09:00,874 --> 00:09:03,946
The witnesses said
the shooter had a weird eye.
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00:09:04,010 --> 00:09:06,991
I figured this would rule out a bad I.D.
149
00:09:07,047 --> 00:09:10,585
Oh, hey, y'all. This is Shayna.
Shayna, this is Lieutenant Van Buren.
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00:09:10,650 --> 00:09:14,029
Hey, Shayna.
They can't see me, right?
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00:09:14,087 --> 00:09:18,092
Not even with two eyes.
just take your time.
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00:09:19,459 --> 00:09:21,405
He wasn't wearing a patch
when I saw him.
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00:09:21,461 --> 00:09:26,604
We know. Take a good look.
You see the shooter?
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00:09:31,671 --> 00:09:34,880
Number three.
You sure?
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00:09:34,941 --> 00:09:37,854
That's the one. He shot Bigboy.
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00:09:37,911 --> 00:09:40,653
I don't even need to see
his bad eye. That's him.
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00:09:40,713 --> 00:09:42,989
You'd be willing to say that in court?
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00:09:43,049 --> 00:09:45,757
It's the truth.
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00:09:48,521 --> 00:09:52,094
It wasn't me.
[Briscoe] Two witnesses
saw you pull the trigger.
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00:09:52,158 --> 00:09:54,866
What were they, hallucinating?
Maybe they're trying to frame me up.
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00:09:54,928 --> 00:09:58,375
Now, why would they do that?
I don't know. A mistaken identity?
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00:09:58,431 --> 00:10:00,877
[Chuckles]
Yeah, right.
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00:10:00,934 --> 00:10:03,778
So where were you that day,
around 3:30 in the afternoon?
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00:10:03,837 --> 00:10:05,783
Hanging with my boys.
Hanging out where?
165
00:10:05,839 --> 00:10:08,581
La Guardia Houses.
That's 150th Street.
166
00:10:08,641 --> 00:10:10,587
Yeah.
The whole time?
167
00:10:10,643 --> 00:10:12,816
All day, all night.
Till midnight almost.
168
00:10:12,879 --> 00:10:15,325
You were there the whole time?
You didn't go anywhere?
169
00:10:15,381 --> 00:10:17,622
No.
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00:10:17,684 --> 00:10:20,563
Okay.
171
00:10:20,620 --> 00:10:24,796
So who was riding your bike
20 blocks away, hmm?
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00:10:24,858 --> 00:10:26,804
I don't know.
173
00:10:26,860 --> 00:10:30,433
Foster, you can't be two places at once.
174
00:10:30,497 --> 00:10:33,808
See, we got a scientist who can prove
100% beyond a reasonable doubt...
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00:10:33,867 --> 00:10:36,370
that your bike made the tracks
that we found at the crime scene.
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00:10:36,436 --> 00:10:39,747
And whoever was riding that bike
shot and killed Bigboy.
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00:10:39,806 --> 00:10:41,752
And since we got two witnesses
that saw you...
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00:10:41,808 --> 00:10:43,913
Whoa, whoa, whoa, whoa.
And unless you can
prove it wasn't you...
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00:10:43,977 --> 00:10:46,321
Well, how am I
supposed to do that?
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00:10:46,379 --> 00:10:49,223
You're going down. Murder two.
That ain't right.
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00:10:49,282 --> 00:10:51,694
I can't help it
if somebody took my bike!
Then help us out here, man.
182
00:10:51,751 --> 00:10:53,822
Maybe we can help you
get out from under this.
183
00:10:53,887 --> 00:10:58,029
[Door Opens]
Mr. Keyes's attorney, Gerard Wills.
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00:10:59,826 --> 00:11:03,865
Foster thanks you for the hot coffee
but the interview's over, Detectives.
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00:11:11,371 --> 00:11:13,510
I heard about your charade of a lineup.
186
00:11:13,573 --> 00:11:16,383
Two eyewitnesses identified
Mr. Keyes as the shooter.
187
00:11:16,442 --> 00:11:19,355
How do you know they didn't see
some guy with an eye patch
pull the trigger?
188
00:11:19,412 --> 00:11:24,361
Mr. Wills, their initial I.D.'s
said nothing about an eye patch.
189
00:11:24,417 --> 00:11:28,263
They were all about a guy with a bad eye.
Milky white. Sound like anyone you know?
190
00:11:28,321 --> 00:11:31,495
[Southerlyn]
Argue misidentification
until you're blue, Mr. Willis.
191
00:11:31,558 --> 00:11:34,539
Do you really think that a jury's
going to believe your client
with his record...
192
00:11:34,594 --> 00:11:36,631
over two eyewitnesses
who are solid citizens?
193
00:11:36,696 --> 00:11:41,475
Nobody else saw Mr. Keyes
allegedly in the park
when Mr. Ware got shot.
194
00:11:41,534 --> 00:11:45,277
We got forensic evidence puts
your client's bicycle at the scene.
195
00:11:45,338 --> 00:11:47,443
Junk science. Those tracks could
have been made any time that day.
196
00:11:47,507 --> 00:11:49,680
We found drugs
on the dead boy,
197
00:11:49,742 --> 00:11:53,349
and your client has
a well-documented history
of dealing in narcotics.
198
00:11:53,413 --> 00:11:58,726
Not in that neighborhood
He never sold or bought drugs
from Henry Ware.
199
00:11:58,785 --> 00:12:02,392
Sounds like your two eyewitnesses
are your whole case.
200
00:12:03,523 --> 00:12:06,197
Tell your client that he would be
smart to plead this one out.
201
00:12:06,259 --> 00:12:09,797
I'll convey your offer, Miss Southerlyn.
202
00:12:09,863 --> 00:12:11,809
Don't hold your breath.
203
00:12:13,066 --> 00:12:17,208
We think this was about drugs.
Some sort of dispute over
territory, customers.
204
00:12:17,270 --> 00:12:20,444
We're still working it.
How good are your eyewitnesses?
205
00:12:20,506 --> 00:12:23,146
Jimmy Gordon's got a steady job
and the other one, Shayna Rosario,
206
00:12:23,209 --> 00:12:25,917
is going part-time to Lower
Manhattan Community College.
207
00:12:25,979 --> 00:12:29,984
What about forensics?
We never found the gun.
We have the bike tracks.
208
00:12:30,049 --> 00:12:32,859
But Wills is right.
It really rests on these witnesses.
209
00:12:32,919 --> 00:12:36,696
Teenagers. You never know
how they'll hold up in court.
210
00:12:36,756 --> 00:12:39,134
Better shore up the drug angle.
211
00:12:42,428 --> 00:12:44,772
I knew something like this
would happen sooner or later.
212
00:12:44,831 --> 00:12:48,904
I told Henry he needed
to stop what he was doing
and get a real job like his boy Jimmy.
213
00:12:48,968 --> 00:12:53,576
But you know kids.
They think they bulletproof.
214
00:12:53,640 --> 00:12:55,950
They think they gonna live forever.
215
00:12:57,710 --> 00:12:59,690
Do you know if your brother
ever bought or sold drugs...
216
00:12:59,746 --> 00:13:02,522
up at the 168th Street projects?
I don't.
217
00:13:02,582 --> 00:13:07,031
Sorry. It's not like
he would've told me if he did.
218
00:13:07,086 --> 00:13:10,465
As far as I know, he didn't know
anybody up there. Why?
219
00:13:10,523 --> 00:13:13,367
It's where the police found Keyes.
Keyes?
220
00:13:13,426 --> 00:13:16,737
Foster Keyes. The man charged
with Henry's murder.
221
00:13:20,633 --> 00:13:23,739
He was staying with some girl.
Jannette Richards?
222
00:13:23,803 --> 00:13:27,148
Jannette?
223
00:13:27,206 --> 00:13:29,152
Maybe Henry hung out with
a girl named Jannette sometimes.
224
00:13:29,208 --> 00:13:31,154
Um... Ask Jimmy.
225
00:13:31,210 --> 00:13:35,386
- Jimmy Gordon.
- Yeah. He and Henry have been
best friends since forever.
226
00:13:35,448 --> 00:13:39,328
If anybody would know, he would.
227
00:13:39,385 --> 00:13:44,266
Yo, Ma, calm down.
I am not going to calm down,
not after what happened this morning.
228
00:13:44,323 --> 00:13:47,668
What happened this morning?
First, he gets another one
of those phone calls.
229
00:13:47,727 --> 00:13:49,798
Jimmy, you've been
threatened?
230
00:13:49,862 --> 00:13:52,433
Yeah.
Saying he's gonna die
if he keeps talking to you all.
231
00:13:52,498 --> 00:13:56,071
How many of these calls have you gotten?
Three, four a week maybe,
232
00:13:56,135 --> 00:13:59,014
since they arrested
the dude that shot Bigboy.
233
00:13:59,072 --> 00:14:02,110
You recognize the voice?
Just some guy. I don't know who.
234
00:14:02,175 --> 00:14:04,678
The calls are the least of it.
He's leaving the house this morning,
235
00:14:04,744 --> 00:14:07,520
some kid walks up to him with a gun,
waving it in his face.
236
00:14:07,580 --> 00:14:11,824
- Never seen him before.
- I've been telling him
this is not worth dying for.
237
00:14:11,884 --> 00:14:14,194
He won't be the only witness,
Mrs. Gordon.
238
00:14:14,253 --> 00:14:16,460
Shayna Rosario has agreed to testify too.
239
00:14:16,522 --> 00:14:19,002
If she wants to put her life on the line,
that's her choice.
240
00:14:19,058 --> 00:14:23,200
I gotta do this, Ma.
Bigboy was my best friend.
241
00:14:23,262 --> 00:14:26,106
How would it look
if Shayna testified and I didn't?
242
00:14:26,165 --> 00:14:29,374
We'll investigate the threats,
Mrs. Gordon.
243
00:14:29,435 --> 00:14:31,381
I'll talk to the D.A.'s office.
244
00:14:31,437 --> 00:14:34,281
They'll arrange some protection
for your son during the trial.
245
00:14:34,340 --> 00:14:36,718
- What kind of protection?
- He'll get a police escort...
246
00:14:36,776 --> 00:14:39,518
to and from the courthouse.
That ain't much.
247
00:14:39,579 --> 00:14:41,718
What about when he goes to the corner
to get me a quart of milk?
248
00:14:41,781 --> 00:14:47,288
Is there anyone he could
stay with for a while,
outside the neighborhood?
249
00:14:49,922 --> 00:14:54,393
- You could go to your aunt's in Brooklyn.
- All right.
250
00:14:54,460 --> 00:14:56,406
Now listen to me, Jimmy.
251
00:14:56,462 --> 00:15:00,000
You need to stay at your aunt's
till the trial is over.
252
00:15:00,066 --> 00:15:03,172
Do not go back
to your old neighborhood.
253
00:15:03,236 --> 00:15:05,238
Do you hear what I'm sayin'?
254
00:15:05,304 --> 00:15:08,717
I ain't afraid of these guys.
Bunch of punks.
255
00:15:08,775 --> 00:15:11,585
Jimmy.
256
00:15:12,645 --> 00:15:15,091
All right. Okay.
257
00:15:17,750 --> 00:15:20,594
I heard they found the shooter
hidin' in some girl's closet.
258
00:15:20,653 --> 00:15:23,691
Jannette Richards.
Jannette?
259
00:15:23,756 --> 00:15:25,702
You know her?
260
00:15:25,758 --> 00:15:28,830
That's Foster's girl. Bigboy was
messin' with her the other night
261
00:15:28,895 --> 00:15:31,774
I told y'all it wasn't about no drugs.
262
00:15:35,334 --> 00:15:38,281
I've changed my mind.
263
00:15:38,337 --> 00:15:42,114
[Van Buren]
What happened, Shayna?
Were you threatened?
264
00:15:42,175 --> 00:15:45,952
The more I thought about it,
the more I realized I wasn't sure
who pulled the trigger.
265
00:15:46,012 --> 00:15:50,017
She just doesn't want
the wrong guy goin' to jail.
We can protect you.
266
00:15:50,083 --> 00:15:53,963
She doesn't 't need protection.
She's not testifying.
267
00:15:54,020 --> 00:15:58,799
Shayna, how are you gonna feel
if Henry's killer goes flee?
268
00:15:58,858 --> 00:16:00,804
If he kills somebody else?
269
00:16:00,860 --> 00:16:05,934
You don't need me.
You got Jimmy.
270
00:16:10,369 --> 00:16:12,508
I already told the lieutenant
I ain't scared.
271
00:16:12,572 --> 00:16:16,452
[Southerlyn]
Yeah, well, it's all right if you are.
272
00:16:16,509 --> 00:16:18,455
But I ain't.
273
00:16:21,614 --> 00:16:24,026
The grand jury's gonna be
the easy part.
274
00:16:24,083 --> 00:16:28,532
There won't be a defense attorney
there to attack your story
and try and trip you up.
275
00:16:28,588 --> 00:16:30,659
But when we get
to the actual trial,
276
00:16:30,723 --> 00:16:33,226
Foster Keyes is gonna be there
staring at you.
277
00:16:33,292 --> 00:16:38,674
Yeah, with his one good eye.
And his friends and his family
are gonna be there.
278
00:16:38,731 --> 00:16:41,109
The defense attorney
is really gonna go after you.
279
00:16:42,168 --> 00:16:46,241
He's gonna practically call you a liar.
He'll challenge everything you say.
280
00:16:48,574 --> 00:16:51,748
Bring it on. I can handle it.
281
00:16:51,811 --> 00:16:54,155
All I got to do is tell the truth, right?
282
00:16:55,414 --> 00:16:57,360
You'll be fine.
283
00:17:04,557 --> 00:17:07,504
Bigboy was real easy-going.
284
00:17:07,560 --> 00:17:12,703
Jannette just pushed him too far.
She kept saying he was so fat
he could never hook up with a girl...
285
00:17:12,765 --> 00:17:14,711
even if he did find one
that would have him.
286
00:17:14,767 --> 00:17:17,680
That's when he slapped her.
How did she react to that?
287
00:17:17,737 --> 00:17:20,616
She was angry?
Real angry.
288
00:17:20,673 --> 00:17:23,313
She kept screaming at him,
saying he was gonna be sorry
he ever laid a hand on her.
289
00:17:23,376 --> 00:17:26,880
What else did she say?
290
00:17:28,014 --> 00:17:31,188
Said she was gonna tell her boyfriend.
He'd make it all right.
291
00:17:31,250 --> 00:17:35,062
Was that the end of it?
Couple weeks later,
we were hangin ' out in the park.
292
00:17:35,121 --> 00:17:38,125
Dude rides up and shoots Bigboy.
293
00:17:38,191 --> 00:17:40,137
I mean... Henry.
294
00:17:40,193 --> 00:17:43,003
Do you see that person
in the courtroom?
295
00:17:43,062 --> 00:17:46,532
Him. The defendant.
296
00:17:46,599 --> 00:17:49,580
[McCoy] Foster Keyes.
297
00:17:49,635 --> 00:17:54,846
Did Mr. Keyes say anything
before he shot your friend?
298
00:17:54,907 --> 00:17:58,912
He said, “Keep your hands off the goods."
299
00:17:58,978 --> 00:18:00,924
Then he shot him.
300
00:18:00,980 --> 00:18:03,256
No more questions.
301
00:18:11,991 --> 00:18:15,404
Where are the police
on the threats to Jimmy Gordon?
302
00:18:15,461 --> 00:18:18,965
All of the calls
came from various pay phones.
There's no way to trace them.
303
00:18:19,031 --> 00:18:21,875
As soon as we convict Mr. Keyes
of murdering Henry Ware,
304
00:18:21,934 --> 00:18:23,880
I'm going to indict him
for witness intimidation.
305
00:18:23,936 --> 00:18:26,644
Isn't that a little overkill?
Keyes will be serving 20 to life.
306
00:18:26,706 --> 00:18:29,744
We're sending a message.
We protect witnesses.
[ Phone Ringing]
307
00:18:29,809 --> 00:18:32,790
Go ahead. Sorry.
Southerlyn.
308
00:18:36,282 --> 00:18:39,729
Neighbor heard shots,
saw a black male
walking from the scene.
309
00:18:39,785 --> 00:18:41,731
We found your card
in the dead boy's pocket.
310
00:18:41,787 --> 00:18:45,599
Thanks. I told him to call me
if he needed anything.
I wish he had.
311
00:18:45,658 --> 00:18:47,604
Counselor!
What the hell happened?
312
00:18:47,660 --> 00:18:50,368
We don't know yet.
Maybe he came back to see a girl
313
00:18:50,429 --> 00:18:52,705
I thought that the police
were keeping an eye on him.
314
00:18:52,765 --> 00:18:55,905
We were. He was supposed
to be in Brooklyn.
315
00:19:11,050 --> 00:19:14,122
Your Honor, Jimmy Gordon's testimony
was the crux of our case.
316
00:19:14,186 --> 00:19:18,293
He was an eyewitness to the shooting
and to the event that precipitated it.
317
00:19:18,357 --> 00:19:21,463
Since I never had the opportunity
of cross-examining him, his...
318
00:19:21,527 --> 00:19:25,031
His testimony can't come in.
Are there any more witnesses?
319
00:19:25,097 --> 00:19:28,135
There was one,
but she was too frightened
to appear before the grand jury.
320
00:19:28,200 --> 00:19:30,146
I doubt she'll come forward now,
in light of what's happened.
321
00:19:30,202 --> 00:19:34,480
As I see it, Your Honor,
Mr. McCoy's just admitted he's got no case.
322
00:19:34,540 --> 00:19:37,043
Consider this my motion to dismiss.
Motion to dismiss?
323
00:19:37,109 --> 00:19:40,249
Your client just added
another murder to his rap sheet.
324
00:19:40,313 --> 00:19:43,089
I'm afraid I'm going
to have side with Mr. Wills.
325
00:19:43,149 --> 00:19:45,652
I still have Jimmy Gordon's
grand jury testimony.
326
00:19:45,718 --> 00:19:50,167
People v. Hellenbrand
The minutes of a witness's
grand jury testimony...
327
00:19:50,222 --> 00:19:53,294
can be read into evidence
if the witness is no longer available.
328
00:19:53,359 --> 00:19:57,000
Hellenbrand only applies
if it's clear that the defendant
is behind the witness's absence.
329
00:19:57,063 --> 00:20:00,442
How much clearer could it be?
What more do you want?
A sign from God?
330
00:20:00,499 --> 00:20:02,979
I would settle for some proof.
331
00:20:03,035 --> 00:20:05,276
Res ipsa loquitur, Your Honor.
332
00:20:05,337 --> 00:20:07,339
That's Latin for “They got nothin'."
333
00:20:07,406 --> 00:20:10,478
If you want a few more days
to shore up your case...
334
00:20:10,543 --> 00:20:12,887
A few days won't do me any good.
335
00:20:12,945 --> 00:20:15,357
If you're not going to allow
the grand jury testimony,
336
00:20:15,414 --> 00:20:18,520
at least give me leave to re-present
when and if I have a new case.
337
00:20:18,584 --> 00:20:20,530
Jeopardy has already attached,
338
00:20:20,586 --> 00:20:23,066
which means that the charges will
have to be dismissed with prejudice.
339
00:20:23,122 --> 00:20:25,432
Why not give the defendant
a pat on the back on the way out?
340
00:20:25,491 --> 00:20:27,664
Out of line, Mr. McCoy
341
00:20:27,727 --> 00:20:31,197
If you find evidence that Mr. Keyes was
involved in the murder of this witness,
342
00:20:31,263 --> 00:20:33,209
you can charge him for it.
343
00:20:33,265 --> 00:20:35,267
And if that happens,
344
00:20:35,334 --> 00:20:39,441
Mr. Keyes better pray that he
doesn't draw me as his judge.
345
00:20:39,505 --> 00:20:42,145
Charges are dismissed.
[Gavel Bangs]
346
00:20:47,113 --> 00:20:49,252
Dismissed?
You gotta be kidding me.
347
00:20:49,315 --> 00:20:54,196
We'll keep workin' on him. Try him again.
Double jeopardy. He can't be
tried again for killing Bigboy.
348
00:20:54,253 --> 00:20:56,426
He has a witness killed,
and he gets off?
349
00:20:56,489 --> 00:20:58,526
We have to prove he's involved.
350
00:20:58,591 --> 00:21:00,935
Then we can ring him up
for the murder of Jimmy Gordon.
351
00:21:00,993 --> 00:21:03,633
But he walks on Henry Ware.
Fraid so.
352
00:21:03,696 --> 00:21:06,267
Makes me wanna accidentally
discharge my weapon.
353
00:21:06,332 --> 00:21:11,907
The only way we're gonna get Foster Keyes
is to tie him to whoever shot Jimmy Gordon.
354
00:21:11,971 --> 00:21:13,917
Aside from the description
of a “young black male"...
355
00:21:13,973 --> 00:21:16,544
and the two .38 slugs
they dug out of Gordon's back,
356
00:21:16,609 --> 00:21:18,555
we got zip from the crime scene.
357
00:21:18,611 --> 00:21:22,286
What about the death threat list?
Keyes's friends and associates?
358
00:21:22,348 --> 00:21:26,319
Keyes did a stint in juvie, a year in Attica,
had three narcotics arrests.
359
00:21:26,385 --> 00:21:28,888
I gotta say, the list goes on and on.
360
00:21:28,954 --> 00:21:30,900
Let's start with the sign-in sheet at Rikers.
361
00:21:30,956 --> 00:21:35,063
See if Keyes had any visitors while
he was in custody for Bigboy's murder.
362
00:21:35,127 --> 00:21:39,098
Maybe that's how they arranged
the hit on Jimmy Gordon.
363
00:21:41,701 --> 00:21:45,046
Who would've thought so many guys
named “Bernard” visit prisons?
364
00:21:45,104 --> 00:21:47,243
I've seen three already.
365
00:21:47,306 --> 00:21:52,722
Keyes was in custody for four weeks,
and all we have so far on visits
are who again?
366
00:21:52,778 --> 00:21:55,918
Three from his mom, one from Grandma,
one from his sister.
367
00:21:55,981 --> 00:21:59,190
Right, but no known felons.
Wait a minute.
368
00:21:59,251 --> 00:22:03,597
“December 7, 3:06 p.m.
Inmate: Foster Keyes.
369
00:22:03,656 --> 00:22:07,934
Visitor...
“X"...They signed with an “X”?
370
00:22:07,993 --> 00:22:11,805
So the security guard
checked the driver's license
and it had an “X” on it?
371
00:22:11,864 --> 00:22:16,506
Yeah, that and a picture of Benjamin Franklin
was all the I.D. he needed.
Hmm.
372
00:22:18,204 --> 00:22:22,016
Sometimes I'm doin' three things at once.
Maybe I didn't look at his signature
close enough.
373
00:22:22,074 --> 00:22:24,486
All right, bro,
maybe we didn't make this clear.
374
00:22:24,543 --> 00:22:28,958
Keyes may have hired your Mr. X
to kill a witness in his trial.
375
00:22:29,014 --> 00:22:30,960
[Briscoe]
At best, you screwed up big time.
376
00:22:31,016 --> 00:22:34,862
Besides losing your job and your pension
you might be looking at a civil suit,
wrongful death...
377
00:22:34,920 --> 00:22:37,196
I swear, if I remembered
anything about the guy...
378
00:22:37,256 --> 00:22:39,463
[Briscoe] Think. Is there any other way
we can track him down?
379
00:22:39,525 --> 00:22:41,471
No. These are the only records in here.
380
00:22:41,527 --> 00:22:47,273
You know, some of the inmates
arrange to bump into somebody
on the way to the courthouse.
381
00:22:47,333 --> 00:22:49,438
Or in the courthouse.
382
00:22:51,170 --> 00:22:56,017
I only worked the first couple days
of the Keyes trial. Appendicitis.
Okay.
383
00:22:56,075 --> 00:22:58,453
Sometimes the judge
allows courtroom visitors.
384
00:22:58,511 --> 00:23:01,856
Come to think of it, Keyes did have
some family in the gallery.
385
00:23:01,914 --> 00:23:06,659
Judge allowed them
to visit for a few minutes one day
before they sent Keyes back to Rikers.
386
00:23:06,719 --> 00:23:10,098
[Green] Anybody look suspicious?
They all did.
387
00:23:10,156 --> 00:23:12,568
I recognized one of 'em.
He was a defendant in another case.
388
00:23:12,625 --> 00:23:15,902
About your complexion
maybe a little lighter,
389
00:23:15,961 --> 00:23:19,499
built like a tank,
jailhouse tattoos.
390
00:23:19,565 --> 00:23:21,511
Did he have one on his neck?
391
00:23:23,536 --> 00:23:25,482
Cousin Helpful.
392
00:23:25,537 --> 00:23:28,074
You're in a world
of trouble now, Mr. X
393
00:23:28,140 --> 00:23:30,177
Why? 'Cause I went
to go visit my little cousin?
394
00:23:30,242 --> 00:23:33,689
Because the only witness
in your little cousin's case
took two bullets.
395
00:23:33,746 --> 00:23:35,783
You didn't think that was going
to come back on you, genius?
396
00:23:35,848 --> 00:23:39,421
You've been arrested twice for homicide
and the only reason you ain't
spending time in a 6-by-9 now...
397
00:23:39,485 --> 00:23:41,431
is those witnesses
happened to go away.
398
00:23:41,487 --> 00:23:43,660
6-by-9. [ Laughs]
Hey, that's... that's cute, man.
399
00:23:43,722 --> 00:23:45,668
What, that's supposed
to make me confess or something?
400
00:23:45,724 --> 00:23:48,671
You can laugh all you want to,
but we don't need
a confession from you.
401
00:23:48,727 --> 00:23:52,265
And we're gonna add witness intimidation
to your case. The jury's gonna eat that up.
402
00:23:52,331 --> 00:23:56,279
Man, I ain't intimidate nobody.
And I definitely ain't killed this
Gordon kid you talkin' about.
403
00:23:56,335 --> 00:23:58,906
You got an alibi?
404
00:23:58,971 --> 00:24:02,509
When'd it go down?
Between 8:00 and 10:00 last night.
405
00:24:02,575 --> 00:24:06,717
Boom. I was hanging out
up at Ray's Famous up on 126th.
406
00:24:06,779 --> 00:24:09,760
Matter of fact, I'll even chill with you
down at the station
while you check on that,
407
00:24:09,815 --> 00:24:12,261
long as I ain't under arrest.
408
00:24:12,318 --> 00:24:14,992
All right. Boom.
Get your ass in the car.
409
00:24:17,423 --> 00:24:22,031
He was at Ray's from 8:00 to midnight.
The counter man, the owner and
two regulars all remember him.
410
00:24:22,094 --> 00:24:24,267
He made sure everybody
got a good look at him.
411
00:24:24,330 --> 00:24:26,867
We sure he's the one behind
Jimmy Gordon's shooting?
412
00:24:26,932 --> 00:24:30,402
He's Keyes's cousin.
Homey plays the system
like a Stradivarius.
413
00:24:30,469 --> 00:24:33,712
Visits Rikers under the table,
has his crew intimidate witnesses.
414
00:24:33,772 --> 00:24:35,774
He's got the whole neighborhood
under his thumb.
415
00:24:35,841 --> 00:24:39,482
You know what his street name is?
Slug. And it ain't 'cause he moves slow.
416
00:24:39,545 --> 00:24:42,754
[Briscoe] We've been
lookin' through his arrest reports.
Any luck?
417
00:24:42,815 --> 00:24:47,161
A couple of years ago Slug was
picked up for an armed robbery
with a guy named Calvin Jacob Rivers.
418
00:24:47,219 --> 00:24:49,460
They knocked over a bar.
[ Green ]Allegedly
419
00:24:49,521 --> 00:24:54,732
- Let me guess.
- Yup. Two dozen witnesses suddenly
developed simultaneous amnesia.
420
00:24:54,793 --> 00:24:56,739
This guy's a walking epidemic.
421
00:24:56,795 --> 00:25:00,504
- Yeah, he's a public health menace.
- Go lean on this Rivers character...
422
00:25:00,566 --> 00:25:04,412
and see if we can use him
to get any leverage on Mr. Slug.
423
00:25:07,907 --> 00:25:10,979
What's gain ' on?
You don't mind if we come in do you, Mr. Rivers?
424
00:25:11,043 --> 00:25:14,115
Your P.O. told us you'd be
crashing at your grandma's crib.
425
00:25:14,179 --> 00:25:18,252
Yeah. She ain't here right now.
You know, you haven't talked
to your P.O. in quite a while.
426
00:25:18,317 --> 00:25:22,026
That's a parole violation.
You ought to give him a call.
I've been busy.
427
00:25:22,087 --> 00:25:25,227
Yeah, murder has a way of screwing up
your whole schedule, doesn't it?
428
00:25:25,291 --> 00:25:28,397
Murder? What are you talkin' about?
Hey, where's he going?
429
00:25:28,460 --> 00:25:33,000
Oh, we just wanna make sure
you don't have any illegal substances
stashed on the premises.
430
00:25:33,065 --> 00:25:37,070
That's a parole violation too, remember?
I ain't done nothing wrong.
431
00:25:37,136 --> 00:25:40,049
Look what I found under the mattress:
432
00:25:40,105 --> 00:25:42,415
a .38 and a stack of 20s.
433
00:25:42,474 --> 00:25:46,286
Cat got your tongue? That's okay,
'cause you have the right to remain silent.
434
00:25:46,345 --> 00:25:50,054
Anything you do say can and will
be used against you in a court of law.
435
00:25:50,115 --> 00:25:52,686
We have your client's prints
all over the gun.
436
00:25:52,751 --> 00:25:57,097
I have no doubt that ballistics
will identify it as the weapon
that killed Jimmy Gordon.
437
00:25:57,156 --> 00:25:59,898
Even if you prove it is the gun,
you can't connect it to my client.
438
00:25:59,958 --> 00:26:02,336
The police found the gun
under the mattress.
439
00:26:02,394 --> 00:26:05,204
In his grandmother's apartment, not his.
440
00:26:05,264 --> 00:26:07,505
So what, Granny did it?
441
00:26:09,001 --> 00:26:12,915
- [Attorney] Whats the deal?
- Shooting a witness
is a capital crime in New York.
442
00:26:12,971 --> 00:26:14,917
You give us Ronald Duggan,
443
00:26:14,973 --> 00:26:18,250
and I'll knock it down
to murder two, 20 to life.
444
00:26:18,310 --> 00:26:20,256
Who's Duggan?
Slug.
445
00:26:20,312 --> 00:26:25,091
Look, I'll be candid.
My client has certain...
446
00:26:25,150 --> 00:26:28,563
Let me put it this way.
He might not fully understand
the ramifications here.
447
00:26:28,621 --> 00:26:34,071
Ronald Duggan, a.k.a. Slug,
hired your client, Calvin Rivers,
448
00:26:34,126 --> 00:26:38,597
to murder Jimmy Gordon,
a witness against Foster Keyes,
Duggan's cousin.
449
00:26:38,664 --> 00:26:40,905
No, he didn't.
He testifies against Mr. Duggan...
450
00:26:40,966 --> 00:26:45,176
- I ain't gonna do that.
- Calvin, please don't say anything.
451
00:26:46,238 --> 00:26:49,776
This was all about
a pair of kicks. That's it.
452
00:26:49,842 --> 00:26:53,881
Are you saying
you killed Jimmy Gordon
over a pair of shoes?
453
00:26:53,946 --> 00:26:58,861
Not another word
I think this meeting's over. Come.
454
00:27:01,787 --> 00:27:03,733
[Door Opens]
455
00:27:07,659 --> 00:27:10,299
Remind me again.
Who are the bad guys?
456
00:27:10,362 --> 00:27:14,833
Slug masterminded
the intimidation of witnesses...
457
00:27:14,900 --> 00:27:18,507
and the murder of Jimmy Gordon,
the star witness in the Foster Keyes case.
458
00:27:18,570 --> 00:27:20,948
Rivers was the triggerman.
459
00:27:21,006 --> 00:27:22,952
You got the goods on Rivers?
460
00:27:23,008 --> 00:27:27,650
Ballistics identified the gun we found
in his grandmother's apartment
as the one used to shoot Gordon.
461
00:27:27,713 --> 00:27:30,489
Can you connect him back
to Slug and Keyes?
462
00:27:30,549 --> 00:27:32,620
Without his testimony,
our case is thin.
463
00:27:32,685 --> 00:27:36,462
We know that Rivers and Slug were
accomplices in an armed robbery once.
464
00:27:36,522 --> 00:27:40,060
Other than that...
And Rivers won't deal?
465
00:27:40,125 --> 00:27:43,368
Apparently, he's more afraid of Slug
than he is of the State of New York.
466
00:27:43,429 --> 00:27:45,670
Who was that other witness?
467
00:27:45,731 --> 00:27:48,678
You know, the one that got
cold feet before we could
get her before a grand jury.
468
00:27:48,734 --> 00:27:51,943
Shayna Rosario.
If Slug threatened her,
469
00:27:52,004 --> 00:27:54,951
and we can convince her to testify,
470
00:27:55,007 --> 00:27:59,149
we might be able to establish him
as the mastermind behind
the Jimmy Gordon murder.
471
00:27:59,211 --> 00:28:01,748
I'll take another crack at her.
472
00:28:03,682 --> 00:28:06,458
Look, I told you.
Nobody threatened me.
473
00:28:06,518 --> 00:28:10,295
As soon as you give us a statement,
we can arrest Slug.
474
00:28:10,355 --> 00:28:15,065
Jail won't stop him. You don't think
I know what happened to Jimmy?
475
00:28:15,127 --> 00:28:17,630
As long as I keep my mouth shut,
I'll be safe.
476
00:28:17,696 --> 00:28:23,374
Not necessarily.
Slug may reach out and try to silence you
on the chance you might testify.
477
00:28:23,435 --> 00:28:27,008
Yeah, now he might,
somebody sees you here.
478
00:28:27,072 --> 00:28:31,179
- If my father knew you were here right now...
- We're going to protect you.
479
00:28:32,678 --> 00:28:35,056
Like you protected Jimmy?
480
00:28:35,113 --> 00:28:38,583
We'll move you
and your family outside the city.
481
00:28:40,219 --> 00:28:42,221
Someplace safe.
482
00:28:45,023 --> 00:28:47,503
Police! Open up!
[Slug] Yo, hold on.
483
00:28:47,559 --> 00:28:50,267
Now!
[Cocks Gun]
484
00:28:50,329 --> 00:28:53,105
All right, drop the cards
and get your hands up.
485
00:28:53,165 --> 00:28:55,873
Come on, man, I got aces over eights.
That's a Hickok.
486
00:28:55,934 --> 00:28:58,141
A what?
A dead man's hand.
487
00:28:58,203 --> 00:29:00,149
Detective. Train ticket.
488
00:29:00,205 --> 00:29:03,846
Oh, you going someplace, Slug?
Yeah. I was gonna go
visit my aunt in Virginia.
489
00:29:03,909 --> 00:29:06,651
No, you ain't. You're under arrest
for the murder of Jimmy Gordon.
490
00:29:06,712 --> 00:29:08,817
You too, Foster.
Man, I'm getting tired of you.
491
00:29:08,881 --> 00:29:13,091
Well, you might as well get used to it
'cause we're gonna keep doin' this
till you get it right.
492
00:29:13,152 --> 00:29:15,598
Docket ending 235.
493
00:29:15,654 --> 00:29:19,761
People v. Calvin Rivers,
Foster Keyes, Ronald Duggan.
494
00:29:19,825 --> 00:29:21,771
Charges are
murder in the first degree,
495
00:29:21,827 --> 00:29:23,773
witness intimidation
and bribing a witness.
496
00:29:23,829 --> 00:29:26,139
Defendants, how do you plead?
497
00:29:26,198 --> 00:29:29,611
Mr. Rivers pleads not guilty.
Mr. Keyes pleads not guilty.
498
00:29:29,668 --> 00:29:32,274
I thought Mr. Wills
was representing Mr. Keyes?
499
00:29:32,337 --> 00:29:34,374
Not anymore. I'm Mr. Keyes's
attorney now, Your Honor.
500
00:29:34,439 --> 00:29:37,386
Mr. Wills, I assume
you're here for a reason.
501
00:29:37,442 --> 00:29:40,719
I'm representing Mr. Duggan,
who pleads not guilty, Your Honor.
502
00:29:40,779 --> 00:29:44,317
People on bail?
The police found a duffel bag and
a train ticket in Mr. Duggan's apartment.
503
00:29:44,383 --> 00:29:47,762
He was going to visit his aunt.
[Judge] Not today
504
00:29:47,819 --> 00:29:51,494
Defendants are remanded.
[Southerlyn] Your Honor,
because of the nature of these crimes,
505
00:29:51,557 --> 00:29:53,503
we're going to request a lockdown.
506
00:29:53,558 --> 00:29:55,595
I need to make a sealed record
before you in support of that.
507
00:29:55,661 --> 00:29:59,131
Your Honor, is that really necessary?
Apparently so, Miss Xiao.
508
00:29:59,197 --> 00:30:02,110
I'll hear from the People, ex parte.
[Gavel Bangs]
509
00:30:04,803 --> 00:30:08,012
You will hear how these
three defendants,
510
00:30:08,073 --> 00:30:12,818
Ronald Duggan,
Foster Keyes and Calvin Rivers,
511
00:30:12,878 --> 00:30:16,223
murdered Jimmy Gordon.
512
00:30:16,281 --> 00:30:22,163
You will hear how Ronald Duggan,
known on the street as “Slug,”
513
00:30:22,221 --> 00:30:26,033
arranged to have
the State's star witness...
514
00:30:26,091 --> 00:30:30,938
in the murder trial of his cousin,
Foster Keyes, killed.
515
00:30:30,996 --> 00:30:33,977
In order to accomplish this,
516
00:30:34,032 --> 00:30:38,344
he enlisted the third defendant,
Calvin Rivers,
517
00:30:38,403 --> 00:30:40,349
to pull the trigger.
518
00:30:42,774 --> 00:30:45,084
Their plan worked.
519
00:30:45,143 --> 00:30:48,681
Jimmy Gordon was murdered
before he could finish testifying,
520
00:30:48,747 --> 00:30:51,660
and the charges against
Foster Keyes were dismissed
521
00:30:51,717 --> 00:30:56,462
This is a crime,
the murder of a witness,
522
00:30:56,521 --> 00:31:00,094
that threatens the foundation
of our judicial process.
523
00:31:00,158 --> 00:31:05,335
A crime so heinous it is punishable
by death in the State of New York.
524
00:31:06,531 --> 00:31:11,002
Make no mistake.
All three men are guilty of this crime,
525
00:31:11,069 --> 00:31:13,845
which tears at the very fabric
of our civil society...
526
00:31:13,905 --> 00:31:17,011
and our system of laws.
527
00:31:17,075 --> 00:31:20,079
But Ronald Duggan...
528
00:31:20,145 --> 00:31:22,091
Slug...
529
00:31:22,147 --> 00:31:25,219
is the man behind this murder.
530
00:31:28,453 --> 00:31:34,335
A man who cast
a pall of fear and violence
over an entire neighborhood.
531
00:31:34,393 --> 00:31:38,398
You will hear how
he has bribed witnesses,
532
00:31:38,463 --> 00:31:40,875
intimidated them...
533
00:31:40,933 --> 00:31:43,038
and finally killed them...
534
00:31:43,101 --> 00:31:47,709
in furtherance
of his criminal activities.
535
00:31:47,773 --> 00:31:53,018
It's up to you
to end his reign of terror.
536
00:32:00,786 --> 00:32:04,928
[McCoy] Ms. Rosario,
when were you first approached
about the murder of Henry Ware?
537
00:32:04,990 --> 00:32:08,597
A few weeks before I was supposed
to testify before the grand jury.
538
00:32:08,660 --> 00:32:10,901
Against Foster Keyes?
Yes.
539
00:32:10,962 --> 00:32:14,034
Did you recognize the man
who approached you?
540
00:32:15,901 --> 00:32:18,211
No. I'd never seen him before.
541
00:32:18,270 --> 00:32:20,944
What did he say?
Said he had a message.
542
00:32:21,006 --> 00:32:23,782
Said somebody was
gonna come talk to me
and give me some money.
543
00:32:23,842 --> 00:32:27,551
Did that in fact happen?
Yes.
544
00:32:27,612 --> 00:32:33,085
Did you recognize this second person
who approached you?
545
00:32:33,151 --> 00:32:35,495
- No.
- What did he say to you?
546
00:32:35,554 --> 00:32:39,092
He started asking me
about Bigboy's shooting,
asking me what I saw.
547
00:32:39,157 --> 00:32:41,899
Did you tell him?
I tried to,
548
00:32:41,960 --> 00:32:45,066
but every time I said something
about seeing the shooter
with the weird eye,
549
00:32:45,130 --> 00:32:47,872
he said I was wrong,
said I must've made a mistake.
550
00:32:47,933 --> 00:32:53,611
He said you were mistaken
about your identification
of the man who shot Henry Ware?
551
00:32:53,672 --> 00:32:55,652
Said I picked the wrong man
out of the lineup.
552
00:32:55,707 --> 00:32:58,119
He said I should tell the police
I didn't see who did it.
553
00:32:58,176 --> 00:33:01,453
Do you see the man
who intimidated you
in the courtroom?
554
00:33:01,513 --> 00:33:06,292
Objection, Your Honor.
I never heard the witness say
she was intimidated.
555
00:33:06,351 --> 00:33:08,297
Rephrase, Mr. McCoy.
556
00:33:08,353 --> 00:33:13,427
Do you see the man who talked to you
about Bigboy's murder,
557
00:33:13,492 --> 00:33:17,998
the man who said you were mistaken
when you identified Foster Keyes...
558
00:33:18,063 --> 00:33:21,806
as the person who shot Henry Ware?
559
00:33:24,236 --> 00:33:26,307
Ms. Rosario,
560
00:33:26,371 --> 00:33:29,545
do you see the person
who approached you?
561
00:33:31,977 --> 00:33:34,287
I'm not sure.
562
00:33:35,714 --> 00:33:37,694
My chambers. Now.
563
00:33:40,919 --> 00:33:45,527
Ms. Rosario, can you identify
one of the defendants as the man
who approached you or not?
564
00:33:48,460 --> 00:33:50,406
This morning I got a call on my cell.
565
00:33:50,462 --> 00:33:53,068
What kind of a call?
A threat
566
00:33:53,131 --> 00:33:55,873
He said I was gonna die.
567
00:33:55,934 --> 00:33:58,642
Shayna, why didn't you tell us?
568
00:33:58,703 --> 00:34:03,311
Because if I thought about it,
I knew I couldn't go through with this.
569
00:34:10,282 --> 00:34:12,922
And then when I saw Slug
sitting next to Mr. Wills, I just--
570
00:34:12,984 --> 00:34:16,022
I don't understand, Ms. Rosario.
What has Mr. Wills got to do with this?
571
00:34:19,991 --> 00:34:22,699
Mr. Willis, please step back
in the courtroom.
Your Honor...
572
00:34:22,761 --> 00:34:25,105
Now! Take your colleagues with you.
573
00:34:36,007 --> 00:34:37,953
[ Door Closes ]
What's this about?
574
00:34:39,477 --> 00:34:41,923
Slug was the one who talked to me
about Bigboy's murder.
575
00:34:41,980 --> 00:34:44,256
Mr. Duggan.
Right.
576
00:34:44,316 --> 00:34:47,354
And the last time I saw him,
he took me to see Mr. Wills.
577
00:34:49,654 --> 00:34:52,760
Let me see if I understand this.
Mr. Duggan took you to see Mr. Wills...
578
00:34:52,824 --> 00:34:55,998
while Mr. Wills was representing
Mr. Keyes for murder.
579
00:34:56,061 --> 00:34:58,940
- Yes.
- Your Honor...
580
00:34:58,997 --> 00:35:01,170
Let's go join Mr. Willis
in the courtroom, Mr. McCoy.
581
00:35:01,233 --> 00:35:03,440
What do you say?
I want this on the record.
582
00:35:03,501 --> 00:35:05,503
So do I.
583
00:35:08,473 --> 00:35:12,319
A witness came to me
and recanted. It happens.
584
00:35:12,377 --> 00:35:16,450
Slug was sitting next to her,
telling her what to say.
What did you think was going on?
585
00:35:16,515 --> 00:35:20,986
I don't know who I'm more
appalled by right now, Mr. Wills,
you or your clients.
586
00:35:21,052 --> 00:35:23,965
I know who I'm more appalled by.
He said he was a friend of hers,
587
00:35:24,022 --> 00:35:28,835
supporting her while she came forward
to say that she had made a mistake.
588
00:35:28,894 --> 00:35:30,840
He was not intimidating her.
589
00:35:30,896 --> 00:35:35,072
Mr. Wills, if you were complicit
in any sort of witness intimidation...
590
00:35:35,133 --> 00:35:37,340
Absolutely not, Your Honor!
591
00:35:37,402 --> 00:35:41,407
And I will stake my professional
reputation of 22 years on it!
592
00:35:41,473 --> 00:35:43,885
Whatever that's worth!
593
00:35:43,942 --> 00:35:47,253
I intend to question Ms. Rosario
about this meeting...
594
00:35:47,312 --> 00:35:50,259
and about why she didn't identify
the defendant on the stand!
595
00:35:50,315 --> 00:35:53,626
[Wills] If he is talking about this morning?
alleged threatening phone call,
596
00:35:53,685 --> 00:35:56,097
he can't prove that it came
from any of the defendants.
597
00:35:56,154 --> 00:35:59,829
In fact, seeing as they were in lockdown
it would be impossible!
598
00:35:59,891 --> 00:36:04,101
Let's not be naive!
It's obvious where the call came from!
599
00:36:04,162 --> 00:36:06,608
I'll give you a day, Mr. McCoy.
600
00:36:06,665 --> 00:36:10,135
If you can prove that the call
originated from the witnesses
or anyone acting on their behalf,
601
00:36:10,202 --> 00:36:12,443
you can question the witness about it
tomorrow on the stand.
602
00:36:12,504 --> 00:36:14,450
If not...
603
00:36:14,506 --> 00:36:16,452
Let's just hope she isn't dead by then.
604
00:36:16,508 --> 00:36:17,953
Excuse me?
605
00:36:20,779 --> 00:36:22,781
That's what I thought.
606
00:36:24,282 --> 00:36:26,228
At least he didn't
charge you with contempt.
607
00:36:26,284 --> 00:36:29,390
He knows my contempt is for Wills
and his clients, not the court.
608
00:36:29,454 --> 00:36:31,730
What about the girl?
Will she be ready to testify?
609
00:36:31,790 --> 00:36:34,703
I'm gonna meet with her in the morning
and go over everything one last time.
610
00:36:34,759 --> 00:36:38,206
And the phone call?
The police traced it
to a disposable cell phone.
611
00:36:38,263 --> 00:36:41,472
Well, so much for lockdown.
612
00:36:41,533 --> 00:36:43,570
And they bribed the guard?
Probably.
613
00:36:43,635 --> 00:36:46,241
Which means we can't prove
the defendants made the call.
614
00:36:46,304 --> 00:36:49,513
Not before tomorrow anyway.
The jury won't hear about the threat.
615
00:36:49,574 --> 00:36:53,488
Even with Shayna's testimony,
Slug's insulated himself from Rivers.
616
00:36:53,545 --> 00:36:58,051
If we're not careful,
Rivers will end up taking the load
for Slug and Keyes.
617
00:36:58,116 --> 00:37:00,392
I'm sure that's exactly
what they have in mind.
618
00:37:00,452 --> 00:37:04,229
You'll have to remind the jury
that Slug's calling the shots.
619
00:37:07,726 --> 00:37:12,573
[McCoy] Yesterday you started
to tell us about a man who talked to you
about the murder of Henry Ware.
620
00:37:12,631 --> 00:37:14,702
Do you see him here today?
621
00:37:14,766 --> 00:37:17,144
That's him. Slug.
622
00:37:17,202 --> 00:37:19,341
[McCoy]
The co-defendant, Ronald Duggan.
623
00:37:19,404 --> 00:37:23,750
Between the time
you identified Foster Keyes
as the shooter to the police...
624
00:37:23,808 --> 00:37:27,346
and when you decided not to testify
before the grand jury,
625
00:37:27,412 --> 00:37:30,052
how many times did Mr. Duggan
come to see you?
626
00:37:30,115 --> 00:37:32,061
Five, maybe six.
627
00:37:32,117 --> 00:37:34,290
Yesterday you mentioned money
628
00:37:34,352 --> 00:37:36,298
It was always the same deal.
629
00:37:36,354 --> 00:37:38,834
Slug would come up to me
on the street, act all friendly.
630
00:37:38,890 --> 00:37:41,996
He'd talk to me about Bigboy's shooting,
and then he'd walk away.
631
00:37:42,060 --> 00:37:45,974
And when I got home,
there'd be money in the mailbox
or under my door.
632
00:37:46,031 --> 00:37:50,980
- How much money?
- In all, almost $3,000.
633
00:37:52,404 --> 00:37:54,782
Ms. Rosario,
634
00:37:54,839 --> 00:37:59,151
yesterday you failed to identify
Mr. Duggan.
635
00:37:59,210 --> 00:38:03,386
When I saw Slug sitting with Mr. Wills,
it startled me.
636
00:38:03,448 --> 00:38:05,394
You know, took me back.
637
00:38:05,450 --> 00:38:08,488
Why?
I met Mr. Wills before.
638
00:38:08,553 --> 00:38:12,729
Under what circumstances?
Slug took me to his office.
639
00:38:12,791 --> 00:38:15,533
I told Mr. Wills
what Slug wanted me to say...
640
00:38:15,593 --> 00:38:18,631
that I didn't see who shot Bigboy
and that I made a mistake...
641
00:38:18,696 --> 00:38:20,937
when I picked his cousin
out of the lineup.
642
00:38:20,999 --> 00:38:23,980
Were you scared?
643
00:38:24,035 --> 00:38:26,037
I felt like I was trapped.
644
00:38:26,104 --> 00:38:30,075
I didn't want to lie to Mr. Wills,
but Slug was sitting right there.
645
00:38:30,141 --> 00:38:34,783
So yesterday when I asked you to identify
the man who approached you...
646
00:38:34,846 --> 00:38:37,224
It was partly seeing them together.
647
00:38:37,282 --> 00:38:42,630
But mostly it was the way
Slug looked at me,
648
00:38:42,687 --> 00:38:45,327
like I was already dead.
649
00:38:53,398 --> 00:38:58,347
I don't think anyone's ever accused me
of being scary before, Ms. Rosario.
650
00:38:59,738 --> 00:39:02,446
Are you sure you were scared
when you were in my office that day?
651
00:39:02,507 --> 00:39:06,512
You didn't seem scared.
I was scared of Slug.
652
00:39:06,578 --> 00:39:12,051
Did Mr. Duggan ever say
he was going to hurt you?
He didn't have to.
653
00:39:12,117 --> 00:39:15,496
I knew what it meant when he
asked me to change what I saw
and then gave me money.
654
00:39:15,553 --> 00:39:19,467
He gave you the money personally?
655
00:39:19,524 --> 00:39:22,971
No.
Then how do you know
where it came from?
656
00:39:23,028 --> 00:39:26,532
I just knew. It was obvious.
657
00:39:26,598 --> 00:39:30,774
One time he said I was pretty,
said pretty girls needed pretty things.
658
00:39:30,835 --> 00:39:33,543
Another time he said he heard
my uncle was in the hospital,
659
00:39:33,605 --> 00:39:35,551
and he knew that
it would cost a lot of money.
660
00:39:35,607 --> 00:39:38,315
He always said stuff like that.
661
00:39:38,376 --> 00:39:41,983
And every time after I talked to him
somebody left me money.
662
00:39:42,047 --> 00:39:45,028
Did you ever see who left the money?
663
00:39:45,083 --> 00:39:50,032
No, but I knew it was him because
he was asking me all the time
about Bigboy's shooting
664
00:39:50,088 --> 00:39:53,695
telling me I didn't see what I saw.
Doesn't it make sense
that he'd want to know...
665
00:39:53,758 --> 00:39:56,830
why his cousin
was being falsely accused?
666
00:39:56,895 --> 00:40:00,365
It wasn't false.
I saw Foster Keyes shoot Bigboy.
667
00:40:00,431 --> 00:40:02,775
That is not what you
told me in my office.
668
00:40:02,834 --> 00:40:04,836
Slug wanted me to say that.
669
00:40:09,541 --> 00:40:11,885
He was friendly.
670
00:40:11,943 --> 00:40:17,120
He never... harmed you
or threatened to harm you?
671
00:40:19,450 --> 00:40:23,956
No, but Jimmy Gordon's dead, isn't he?
Yes.
672
00:40:26,224 --> 00:40:31,037
But Calvin Rivers's fingerprints
are on that gun, not Mr. Duggan's.
673
00:40:47,212 --> 00:40:49,852
Have you reached a verdict?
We have, Your Honor.
674
00:40:49,914 --> 00:40:52,895
On the first count of the indictment,
murder in the first degree,
675
00:40:52,951 --> 00:40:55,955
as to the defendant, Calvin Jacob Rivers,
how do you find?
676
00:40:56,020 --> 00:40:58,694
We find the defendant guilty.
677
00:40:58,756 --> 00:41:01,327
On the first count of the indictment,
murder in the first degree,
678
00:41:01,392 --> 00:41:04,566
as to the defendant, Foster Keyes,
how do you find?
679
00:41:04,629 --> 00:41:07,109
We find the defendant not guilty
680
00:41:07,165 --> 00:41:09,543
On the first count of the indictment,
murder in the first degree,
681
00:41:09,601 --> 00:41:12,309
as to the defendant Ronald Duggan,
how do you find?
682
00:41:12,370 --> 00:41:15,510
We find the defendant not guilty
683
00:41:15,573 --> 00:41:17,917
On the counts of intimidating a witness
and bribing a witness,
684
00:41:17,976 --> 00:41:20,957
as to the defendant, Ronald Duggan,
how do you find?
685
00:41:21,012 --> 00:41:24,983
We find the defendant,
Ronald Duggan, not guilty.
686
00:41:25,049 --> 00:41:27,723
[Spectators Murmuring]
[Gavel Raps]
687
00:42:37,822 --> 00:42:40,769
[Howling]
59442
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