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- In the criminal justice
system,
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00:00:11,446 --> 00:00:12,751
the people are represented
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00:00:12,795 --> 00:00:15,189
by two separate,
yet equally important groups:
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00:00:15,232 --> 00:00:17,060
the police,
who investigate crime,
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00:00:17,104 --> 00:00:20,020
and the district attorneys,
who prosecute the offenders.
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00:00:20,063 --> 00:00:21,760
These are their stories.
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00:00:23,066 --> 00:00:24,154
- Hey, Rachel.
It's me.
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I know we said 7:00,
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00:00:25,373 --> 00:00:26,765
but I'm still
a couple of minutes out.
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00:00:26,809 --> 00:00:28,071
I will see you soon.
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00:00:38,212 --> 00:00:40,344
[line trilling]
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00:00:40,388 --> 00:00:42,085
Hey, Rachel.
It's me again.
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00:00:42,129 --> 00:00:45,132
I'm 30 minutes late,
but I'm here.
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00:00:45,175 --> 00:00:46,176
I'm really sorry.
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00:00:46,220 --> 00:00:47,786
A witness interview ran long,
16
00:00:47,830 --> 00:00:50,398
and I lost track of time.
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00:00:50,441 --> 00:00:53,618
Just call me back
if you need to reschedule.
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00:01:08,720 --> 00:01:12,028
[ominous music]
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00:01:12,072 --> 00:01:19,166
♪
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00:01:24,910 --> 00:01:25,998
Rachel.
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00:01:26,042 --> 00:01:27,130
Oh, my God.
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00:01:27,174 --> 00:01:28,740
Oh, my God.
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00:01:28,783 --> 00:01:29,785
[gasps]
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00:01:33,876 --> 00:01:37,619
Yeah, I need an ambulance
at Sutton Place Park.
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00:01:41,710 --> 00:01:43,146
- Talk to us.
- Stabbing.
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00:01:43,190 --> 00:01:45,192
Single wound.
Bled out.
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00:01:45,235 --> 00:01:47,497
MLI puts time of death
at about 7:00 p.m.
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00:01:47,542 --> 00:01:50,762
DOA is Rachel Bender,
38 Red Hook.
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00:01:50,806 --> 00:01:52,155
- Cash and credit cards
are still here.
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00:01:52,199 --> 00:01:54,114
We can cross off robbery.
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00:01:54,157 --> 00:01:55,332
- Any signs of sexual assault?
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00:01:55,376 --> 00:01:57,420
- MLI says no indications.
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00:01:57,465 --> 00:01:58,727
Found the wallet here
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00:01:58,770 --> 00:02:00,250
and got the fresh shoe print
in the mud there.
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00:02:00,294 --> 00:02:02,122
- Get an imprint
of that to the lab.
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00:02:02,165 --> 00:02:03,427
- I'll let them know.
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00:02:03,471 --> 00:02:04,907
- Judging by the blood trail,
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00:02:04,950 --> 00:02:06,778
it looks like she tried
to make it out of the park.
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00:02:06,822 --> 00:02:08,431
- Didn't get very far.
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00:02:16,745 --> 00:02:18,442
Dialed 9.
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00:02:18,486 --> 00:02:20,879
Maybe trying to call for help.
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00:02:20,923 --> 00:02:22,272
- Witnesses?
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00:02:22,316 --> 00:02:23,839
- A park maintenance employee
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00:02:23,882 --> 00:02:26,624
said he saw the victim arguing
with a guy in a long coat.
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00:02:26,668 --> 00:02:28,800
He was a ways off, so he didn't
get race or age specifics.
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00:02:28,844 --> 00:02:31,151
Just figured
it was a lovers' spat.
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00:02:31,194 --> 00:02:32,716
- Who found the body?
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00:02:32,761 --> 00:02:35,242
- Home team. Prosecutor.
49
00:02:42,336 --> 00:02:44,207
- Counselor.
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00:02:44,251 --> 00:02:46,296
- She was a friend.
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00:02:47,515 --> 00:02:49,299
- Want to tell us
what happened?
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00:02:49,343 --> 00:02:51,083
- We were supposed to meet up.
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00:02:51,127 --> 00:02:53,303
I hadn't seen her in months,
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00:02:53,347 --> 00:02:55,478
but she called me this morning.
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00:02:55,523 --> 00:02:57,567
Said she wanted my advice
about something.
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00:02:57,612 --> 00:02:59,831
- Did she mention
what it was about?
57
00:02:59,875 --> 00:03:02,138
- No, she just said
it was complicated.
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00:03:02,182 --> 00:03:03,226
- When were you
supposed to meet?
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00:03:03,270 --> 00:03:04,706
- 7:00.
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00:03:04,749 --> 00:03:08,884
I was running late,
so I didn't get here till 7:30.
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00:03:08,927 --> 00:03:10,407
- I'm just gonna assume
that someone
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00:03:10,451 --> 00:03:12,235
can verify your whereabouts
before then.
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00:03:12,279 --> 00:03:13,497
- Yeah.
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00:03:15,673 --> 00:03:18,023
- How'd you know her, Nolan?
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00:03:18,067 --> 00:03:20,243
- We worked side by side
at the public defender's office
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00:03:20,287 --> 00:03:22,245
for three years.
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00:03:22,289 --> 00:03:23,855
- She was still
a public defender?
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00:03:23,899 --> 00:03:25,204
- Yeah.
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00:03:25,248 --> 00:03:26,249
- Long list of people
would want
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00:03:26,293 --> 00:03:28,991
someone like that dead.
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00:03:29,034 --> 00:03:31,559
- Somebody like that?
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00:03:31,602 --> 00:03:33,387
- Sorry.
That came out wrong.
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00:03:35,824 --> 00:03:39,523
Boy, did I put my foot
in my mouth there.
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00:03:39,567 --> 00:03:41,612
- More like both feet.
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00:03:44,224 --> 00:03:47,923
[dramatic music]
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♪
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00:04:29,965 --> 00:04:32,228
- Nothing suspicious
in the vic's apartment.
78
00:04:32,272 --> 00:04:33,447
She lived alone.
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00:04:33,490 --> 00:04:34,970
No indication
of a significant other.
80
00:04:35,013 --> 00:04:36,319
- Murder weapon?
- Nope.
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00:04:36,363 --> 00:04:38,103
No eyewitnesses.
Nothing on canvass either.
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00:04:38,147 --> 00:04:39,714
- What about next of kin?
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00:04:39,757 --> 00:04:42,499
- Her mom is coming up
from Baltimore now.
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00:04:42,543 --> 00:04:44,762
- Where was Rachel coming from
before she was killed?
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00:04:44,806 --> 00:04:46,590
- Work.
Public defender's office
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00:04:46,634 --> 00:04:48,679
is five blocks
from Sutton Place Park.
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00:04:48,723 --> 00:04:50,551
- Vi, can we grab any footage
88
00:04:50,594 --> 00:04:52,248
and track her walk
from the office?
89
00:04:52,292 --> 00:04:54,337
- Cameras are sparse
near the park,
90
00:04:54,381 --> 00:04:56,252
but I did pull something
from the security cams
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00:04:56,296 --> 00:04:57,645
by her office.
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00:04:59,429 --> 00:05:01,562
Guy's following Rachel.
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00:05:01,605 --> 00:05:03,694
- Can you freeze that?
- That's a clean look.
94
00:05:03,738 --> 00:05:05,392
Any chance he's in the system?
95
00:05:05,435 --> 00:05:07,524
- Checking now.
96
00:05:11,398 --> 00:05:14,314
Owen Bardo.
Yonkers address.
97
00:05:14,357 --> 00:05:17,317
Long sheet of violent priors.
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00:05:17,360 --> 00:05:19,536
He's on trial for assault now.
99
00:05:19,580 --> 00:05:22,800
Guess
who his counsel of record is?
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00:05:22,844 --> 00:05:24,715
- Rachel Bender.
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00:05:26,761 --> 00:05:28,763
- Owen Bardo.
- Yeah.
102
00:05:28,806 --> 00:05:32,114
- NYPD.
We need a minute.
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00:05:32,157 --> 00:05:34,159
When's the last time
you saw Rachel Bender?
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00:05:34,203 --> 00:05:35,378
- Yesterday evening.
105
00:05:35,422 --> 00:05:36,597
- Why were you with her?
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00:05:36,640 --> 00:05:38,642
- Wait.
What's this about?
107
00:05:38,686 --> 00:05:41,079
- This is about the fact
that your lawyer turned up dead
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after you were seen
following her yesterday.
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00:05:44,169 --> 00:05:45,345
- What?
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00:05:45,388 --> 00:05:46,998
- So why were you
following her?
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00:05:47,042 --> 00:05:48,609
- I wasn't.
112
00:05:48,652 --> 00:05:51,133
She asked me to sign
this affidavit for my case,
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00:05:51,176 --> 00:05:52,439
so I was dropping it off.
114
00:05:52,482 --> 00:05:54,179
- We didn't find her
with any affidavit.
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00:05:54,223 --> 00:05:56,399
- 'Cause she said she was
on her way to meet a friend.
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Asked me
to bring it back later.
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- How'd you two get along?
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00:05:59,533 --> 00:06:02,057
- We weren't best friends.
She was my lawyer.
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00:06:02,100 --> 00:06:03,624
- Where'd you go
after meeting with her?
120
00:06:03,667 --> 00:06:06,627
- Straight to the Papaya King
right around the corner.
121
00:06:06,670 --> 00:06:08,498
I was there till 8:00.
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00:06:08,542 --> 00:06:10,500
Look into it.
- We will.
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00:06:10,544 --> 00:06:11,980
- Look, she may
have had clients
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00:06:12,023 --> 00:06:14,069
who didn't appreciate her,
but not me.
125
00:06:14,112 --> 00:06:16,245
When I caught up to her,
she was on the phone
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00:06:16,288 --> 00:06:18,682
talking to someone about
getting a protective order.
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00:06:18,726 --> 00:06:20,031
She even joked with me
about it.
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00:06:20,075 --> 00:06:21,511
She said I don't have anything
to worry about.
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00:06:21,555 --> 00:06:23,383
I'm not the guy
she's scared of.
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00:06:23,426 --> 00:06:24,601
- When was this?
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00:06:24,645 --> 00:06:26,777
- 6:40, 6:45.
132
00:06:30,738 --> 00:06:32,174
- Only two detectives?
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00:06:32,217 --> 00:06:35,525
If it was an ADA, how many
would be assigned? Ten?
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00:06:35,569 --> 00:06:37,875
Plus the press conferences,
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00:06:37,919 --> 00:06:40,530
commissioner, mayor,
district attorney.
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00:06:40,574 --> 00:06:44,099
But a dead public defender,
who cares, right?
137
00:06:44,142 --> 00:06:46,623
- Well, I'm so happy you got
that off your chest, Manny.
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00:06:46,667 --> 00:06:47,581
I hope you feel better.
- Just so you know,
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00:06:47,624 --> 00:06:48,756
none of that is true.
140
00:06:48,799 --> 00:06:51,323
We investigate all cases
the same way.
141
00:06:51,367 --> 00:06:52,716
- So how can I help you?
142
00:06:52,760 --> 00:06:54,196
- We know Rachel called you
last night
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00:06:54,239 --> 00:06:55,502
about a protective order.
144
00:06:55,545 --> 00:06:57,373
We just want to know
who she's afraid of.
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00:06:57,417 --> 00:06:58,548
- She didn't say.
146
00:06:58,592 --> 00:07:00,028
She just wanted to know
if it would
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00:07:00,071 --> 00:07:02,639
cast the office in a bad light
if one of its lawyers
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00:07:02,683 --> 00:07:04,902
was getting a protective order
for herself.
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00:07:04,946 --> 00:07:07,078
I told her if she needed one,
she should get one.
150
00:07:07,122 --> 00:07:10,038
- You know of any clients
she was having problems with?
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00:07:10,081 --> 00:07:12,649
- Don't know the details,
but I heard her talking
152
00:07:12,693 --> 00:07:14,738
about a recent
murder sentencing.
153
00:07:14,782 --> 00:07:15,913
She said she was scared.
154
00:07:15,957 --> 00:07:17,567
Thought someone
was gonna kill her.
155
00:07:17,611 --> 00:07:20,309
Don't know
if she was joking or not.
156
00:07:20,352 --> 00:07:22,311
- Well, she wasn't.
157
00:07:22,354 --> 00:07:25,009
Do you have her calendar?
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00:07:25,053 --> 00:07:27,621
- I subbed in
for the sentencing.
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00:07:27,664 --> 00:07:29,579
Rafael Cortez.
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00:07:29,623 --> 00:07:31,494
Triple homicide.
161
00:07:31,538 --> 00:07:34,758
A dispute over drug proceeds.
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00:07:34,802 --> 00:07:36,933
Guidelines left me
no flexibility.
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00:07:36,978 --> 00:07:38,936
- She have a problem
with her client?
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00:07:38,980 --> 00:07:42,592
- Problem was
with her client's son.
165
00:07:42,636 --> 00:07:45,726
He tried attacking Rachel.
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00:07:45,769 --> 00:07:47,467
Called her a stupid bitch.
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00:07:47,510 --> 00:07:49,686
Said it was all her fault.
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00:07:49,730 --> 00:07:51,688
Court officers had
to hold him back.
169
00:07:51,732 --> 00:07:54,735
- Is he in the system now?
- No.
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00:07:54,778 --> 00:07:56,214
I would have held him
in contempt,
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00:07:56,258 --> 00:08:00,697
but Rachel said the family
had been through enough.
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00:08:00,741 --> 00:08:03,221
I shouldn't have
listened to her.
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00:08:05,528 --> 00:08:08,226
- Yo, that's out!
That's out, bro!
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00:08:08,270 --> 00:08:09,619
Let's go, baby!
You got it, fellas!
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00:08:09,663 --> 00:08:10,794
- Yo, who's got next?
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00:08:10,838 --> 00:08:13,057
- Luis Cortez,
we need a word.
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00:08:13,101 --> 00:08:14,058
- 5-0! 5-0!
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00:08:14,102 --> 00:08:16,408
[shouting]
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00:08:16,452 --> 00:08:17,932
- Uh-uh.
180
00:08:17,975 --> 00:08:19,150
Almost.
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00:08:19,194 --> 00:08:20,630
[both grunt]
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00:08:20,674 --> 00:08:22,719
- I didn't do nothing.
- Yep.
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00:08:23,720 --> 00:08:25,548
Why'd you run then?
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00:08:25,592 --> 00:08:26,941
Give me your hand.
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00:08:26,984 --> 00:08:28,246
Other hand.
186
00:08:28,290 --> 00:08:29,726
- I got a gun.
187
00:08:34,601 --> 00:08:35,688
And a knife.
188
00:08:35,732 --> 00:08:37,865
- I didn't do nothing!
189
00:08:43,479 --> 00:08:47,831
- Now what's at 713 Van
Brunt Street, Red Hook, huh?
190
00:08:47,875 --> 00:08:50,530
- That's
Rachel Bender's address.
191
00:08:50,573 --> 00:08:51,879
- Well, well, well,
192
00:08:51,922 --> 00:08:53,924
looks like we need
to have a conversation.
193
00:08:53,968 --> 00:08:55,230
Stand up.
194
00:08:59,756 --> 00:08:59,974
.
195
00:09:00,017 --> 00:09:01,802
- What's with the arsenal?
196
00:09:01,845 --> 00:09:03,804
- Man's got a right
to protect himself.
197
00:09:03,847 --> 00:09:04,848
I got enemies.
198
00:09:04,892 --> 00:09:06,589
- Was Rachel Bender
one of them?
199
00:09:06,633 --> 00:09:08,809
- It's that thing
in court, right?
200
00:09:08,852 --> 00:09:10,767
She should have
made my pops take a plea.
201
00:09:10,811 --> 00:09:12,726
He was gonna die in prison.
202
00:09:12,769 --> 00:09:15,337
- You have any contact with
Rachel after that incident?
203
00:09:15,380 --> 00:09:18,601
- No, but I saw my pops.
204
00:09:18,645 --> 00:09:20,168
He was pissed at me.
205
00:09:20,211 --> 00:09:21,691
Said I should apologize.
206
00:09:21,735 --> 00:09:24,259
Told me how much
she had done for him.
207
00:09:24,302 --> 00:09:27,479
I had her address 'cause
I sent roses to her apartment.
208
00:09:27,523 --> 00:09:29,133
Look it up.
209
00:09:29,177 --> 00:09:30,439
- Where were you last night?
210
00:09:30,482 --> 00:09:33,007
- Why? What's she saying?
211
00:09:33,050 --> 00:09:34,617
- Nothing.
212
00:09:34,661 --> 00:09:36,837
Somebody killed her.
213
00:09:36,880 --> 00:09:38,316
- No. No way.
214
00:09:38,360 --> 00:09:41,058
I was at my baby mama's house
in Bensonhurst, OK?
215
00:09:41,102 --> 00:09:42,538
- Not OK.
216
00:09:42,582 --> 00:09:44,540
First, we're gonna
check out your story.
217
00:09:44,584 --> 00:09:45,454
And then you're
gonna have to answer
218
00:09:45,497 --> 00:09:47,021
for this gun in your bag.
219
00:09:48,892 --> 00:09:51,329
- Luis Cortez's phone
puts him in Brooklyn
220
00:09:51,373 --> 00:09:52,592
at the time of Rachel's murder,
221
00:09:52,635 --> 00:09:54,811
but his knife is not a match
for the wound.
222
00:09:54,855 --> 00:09:57,205
- His credit card confirms
that he sent Rachel flowers
223
00:09:57,248 --> 00:10:01,252
to her apartment
the day before she was killed.
224
00:10:01,296 --> 00:10:02,863
- So back to the drawing board.
225
00:10:02,906 --> 00:10:05,082
- Well, we've been working
our way through Rachel's cases,
226
00:10:05,126 --> 00:10:07,737
and it seems like all of her
clients with an ax to grind
227
00:10:07,781 --> 00:10:09,696
are either in prison
or alibi out.
228
00:10:09,739 --> 00:10:11,393
- Anything back
from the crime lab?
229
00:10:11,436 --> 00:10:12,916
- No DNA found on Rachel,
230
00:10:12,960 --> 00:10:15,745
but they were able
to ID that shoe imprint
231
00:10:15,789 --> 00:10:18,443
we found in the mud
next to her wallet.
232
00:10:18,487 --> 00:10:21,098
- Size 11.
Very distinctive sole pattern.
233
00:10:21,142 --> 00:10:25,102
Pegs it as a Giovanni Presario.
High-end Italian loafer.
234
00:10:25,146 --> 00:10:26,234
- Narrows it a little bit.
235
00:10:26,277 --> 00:10:27,191
[phone chimes, buzzes]
236
00:10:29,585 --> 00:10:31,718
- Rachel's mom is here.
237
00:10:31,761 --> 00:10:35,591
Maybe she can help us
narrow it down even more.
238
00:10:35,635 --> 00:10:39,377
- Rachel was so brilliant.
239
00:10:39,421 --> 00:10:40,727
I told her for years
240
00:10:40,770 --> 00:10:43,033
she should get paid
for her smarts
241
00:10:43,077 --> 00:10:47,995
by being in private practice,
but...
242
00:10:48,038 --> 00:10:50,737
- We're very sorry
for your loss, Ms. Bender.
243
00:10:50,780 --> 00:10:52,129
And we really appreciate
you coming in
244
00:10:52,173 --> 00:10:54,218
on this difficult day.
245
00:10:54,262 --> 00:10:58,570
Do you know
if Rachel was dating anyone?
246
00:10:58,614 --> 00:11:00,224
- No, not seriously.
247
00:11:00,268 --> 00:11:03,097
- Did she ever mention anybody
she was having a problem with?
248
00:11:03,140 --> 00:11:04,620
- Like whom?
249
00:11:04,664 --> 00:11:06,230
- Her clients,
for instance.
250
00:11:06,274 --> 00:11:09,799
- Well, they were all problems.
They were criminals.
251
00:11:09,843 --> 00:11:11,801
- We mean something irregular,
252
00:11:11,845 --> 00:11:14,282
like a threat
or a confrontation.
253
00:11:14,325 --> 00:11:17,241
- Yeah, she did tell me
254
00:11:17,285 --> 00:11:20,505
about an altercation
she had last Friday
255
00:11:20,549 --> 00:11:23,117
with a restaurant
in The Village
256
00:11:23,160 --> 00:11:24,684
named Luchardi's.
257
00:11:24,727 --> 00:11:27,295
- Did she say with whom?
- No.
258
00:11:27,338 --> 00:11:31,473
But she was really shaken up.
259
00:11:31,516 --> 00:11:33,257
Said she was never going back.
260
00:11:37,653 --> 00:11:38,785
- Rachel was a regular.
261
00:11:38,828 --> 00:11:40,351
She always ordered
a caprese salad.
262
00:11:40,395 --> 00:11:41,744
- I understand
there was an incident with her
263
00:11:41,788 --> 00:11:42,745
last time she was in.
264
00:11:42,789 --> 00:11:44,790
- Yeah, it was nutty.
265
00:11:44,834 --> 00:11:46,662
Rachel was over
by the bathroom.
266
00:11:46,706 --> 00:11:49,056
A guy is sitting,
drinking at the bar.
267
00:11:49,099 --> 00:11:51,319
He sees her.
Starts screaming.
268
00:11:51,362 --> 00:11:52,450
- About what?
269
00:11:52,494 --> 00:11:53,800
- I didn't hear
the nitty gritty.
270
00:11:53,843 --> 00:11:55,149
I got between them quick,
though.
271
00:11:55,192 --> 00:11:56,498
I showed 'em the door.
272
00:11:56,540 --> 00:11:58,369
- He follow her?
- I couldn't tell you.
273
00:11:58,413 --> 00:11:59,675
I was short-staffed that day.
274
00:11:59,719 --> 00:12:01,111
I had a delivery to attend to.
275
00:12:01,155 --> 00:12:02,809
I didn't even know Rachel
was there until I saw her.
276
00:12:02,852 --> 00:12:04,985
- Do you remember the guy?
- Yeah.
277
00:12:05,028 --> 00:12:07,814
Scraggly hairs.
Big, white guy.
278
00:12:07,857 --> 00:12:09,467
- You think you could find
his credit card receipt?
279
00:12:09,511 --> 00:12:11,034
Maybe give us a name?
- Sure.
280
00:12:14,559 --> 00:12:16,823
- Adam Grassley?
- Yeah?
281
00:12:16,866 --> 00:12:18,259
- Mr. Grassley,
we're police detectives.
282
00:12:18,302 --> 00:12:20,348
May we come in
and ask you a few questions?
283
00:12:20,391 --> 00:12:22,480
- No.
284
00:12:22,524 --> 00:12:24,700
- OK, would you like
to step outside,
285
00:12:24,744 --> 00:12:26,484
and we can have a conversation?
286
00:12:26,528 --> 00:12:31,054
- Why don't you take your toy
badges and get off my porch?
287
00:12:32,055 --> 00:12:33,840
- Sir, have you been drinking?
288
00:12:33,883 --> 00:12:36,277
- It's a free country.
- Yes, it is.
289
00:12:36,320 --> 00:12:37,844
And that's why
we're gonna cut you some slack
290
00:12:37,887 --> 00:12:39,628
for getting so mouthy with us.
291
00:12:39,671 --> 00:12:41,282
We're just gonna ask you
a few questions.
292
00:12:41,325 --> 00:12:43,588
- You're gonna cut me slack?
293
00:12:43,632 --> 00:12:45,286
You guys are on my property...
- Easy.
294
00:12:45,329 --> 00:12:47,244
- And you're gonna
tell me what to do?
295
00:12:47,288 --> 00:12:48,202
- Easy, Grassley.
- Hey.
296
00:12:48,245 --> 00:12:50,639
- [grunts]
297
00:12:50,682 --> 00:12:51,814
I didn't do any--
298
00:12:51,858 --> 00:12:54,077
Get off of me!
- Hey.
299
00:12:54,121 --> 00:12:55,949
You wanted us
off your property?
300
00:12:55,992 --> 00:12:58,386
It's your lucky day, buddy.
301
00:12:58,429 --> 00:13:00,257
You're coming with us.
302
00:13:01,389 --> 00:13:04,218
- What's your beef
with Rachel Bender?
303
00:13:04,261 --> 00:13:06,829
- So that's what this is about,
that piece of garbage?
304
00:13:06,873 --> 00:13:10,311
- Hey. You've had plenty
of time to sober up, buddy,
305
00:13:10,354 --> 00:13:13,749
so do yourself a favor
and answer our questions.
306
00:13:18,188 --> 00:13:21,017
- My 16-year-old daughter
was raped and murdered
307
00:13:21,061 --> 00:13:23,280
by one of her clients in July.
308
00:13:25,108 --> 00:13:28,155
And Bender got him
acquitted last week
309
00:13:28,198 --> 00:13:32,202
'cause of a warrantless search
by meathead cops.
310
00:13:34,248 --> 00:13:36,467
- That's terrible.
311
00:13:36,511 --> 00:13:37,904
I have a teenage daughter
myself.
312
00:13:37,947 --> 00:13:40,341
I can't imagine the pain
you're going through.
313
00:13:40,384 --> 00:13:42,952
I'm sorry for your loss.
314
00:13:44,171 --> 00:13:46,173
- I just wanted to ask her,
like, how...
315
00:13:48,915 --> 00:13:51,352
How do you represent
such a vile human being?
316
00:13:51,395 --> 00:13:53,745
She wouldn't answer my calls.
317
00:13:53,789 --> 00:13:55,573
Then I ran into her.
318
00:13:55,617 --> 00:13:57,401
- You have
any further interactions?
319
00:13:57,445 --> 00:13:58,794
- Why?
320
00:13:58,838 --> 00:14:00,970
- Someone killed her.
321
00:14:05,061 --> 00:14:07,716
- Is this where I'm supposed
to say karma's a bitch?
322
00:14:07,759 --> 00:14:10,458
No, I didn't do it.
323
00:14:10,501 --> 00:14:13,374
It's like I told her boyfriend.
I said my piece.
324
00:14:13,417 --> 00:14:14,679
- Boyfriend?
325
00:14:14,723 --> 00:14:16,812
When did you talk
to her boyfriend?
326
00:14:16,856 --> 00:14:18,640
- Luchardi's.
327
00:14:18,683 --> 00:14:20,685
Guy follows me into the street
328
00:14:20,729 --> 00:14:22,122
screaming at me
to leave her alone.
329
00:14:22,165 --> 00:14:24,864
Almost knocked his ass out too.
330
00:14:24,907 --> 00:14:26,561
But I didn't.
331
00:14:26,604 --> 00:14:29,477
Instead, I just went
to the bar across the street
332
00:14:29,520 --> 00:14:32,306
and kept drinking.
333
00:14:39,052 --> 00:14:39,269
.
334
00:14:39,313 --> 00:14:41,924
- Went through Rachel's emails
again, texts, phone calls.
335
00:14:41,968 --> 00:14:44,187
There's no sign
she was dating anyone.
336
00:14:44,231 --> 00:14:45,841
- Maybe the relationship
was on the down-low.
337
00:14:45,885 --> 00:14:47,887
- Maybe the guy is married.
338
00:14:47,930 --> 00:14:50,672
- As for her dating pool, there
are 200 males at her office.
339
00:14:50,715 --> 00:14:52,500
Factor in full-timers
at the courthouse,
340
00:14:52,543 --> 00:14:53,675
guys who come in and out.
341
00:14:53,718 --> 00:14:55,111
- Jeez, we're gonna
need an abacus.
342
00:14:55,155 --> 00:14:57,070
- They had to be out and about
a little bit, right?
343
00:14:57,113 --> 00:14:59,289
- Vi, dig back
into Rachel's credit cards.
344
00:14:59,333 --> 00:15:03,641
Look for hotels, restaurants,
bed and breakfasts.
345
00:15:03,685 --> 00:15:05,600
- There's not too much.
346
00:15:05,643 --> 00:15:08,255
But there were three charges
last month
347
00:15:08,298 --> 00:15:11,606
from a café in The Village
called Java Bliss.
348
00:15:11,649 --> 00:15:13,129
They were all before 6:30 a.m.
349
00:15:13,173 --> 00:15:15,262
And the last one was Saturday.
- For an espresso?
350
00:15:15,305 --> 00:15:17,264
That's a long way to go
for a girl from Red Hook.
351
00:15:17,307 --> 00:15:18,613
- You know,
I don't know about you guys,
352
00:15:18,656 --> 00:15:21,311
but if I end up
in a different borough
353
00:15:21,355 --> 00:15:24,706
stumbling into a coffee shop
at that time of the morning...
354
00:15:24,749 --> 00:15:25,663
- It's 'cause
you've just spent the night
355
00:15:25,707 --> 00:15:27,361
at someone's apartment.
356
00:15:27,404 --> 00:15:28,666
- Reach out to Java Bliss.
357
00:15:28,710 --> 00:15:30,886
See if they've got
security cameras.
358
00:15:36,587 --> 00:15:38,459
- We need to speak
to Judge Raymer.
359
00:15:38,502 --> 00:15:40,548
- He's busy.
360
00:15:40,591 --> 00:15:42,071
You can't go in there.
361
00:15:42,115 --> 00:15:43,855
- Francis versus Grace--
362
00:15:43,899 --> 00:15:45,770
What the hell
are you doing here?
363
00:15:45,814 --> 00:15:46,989
- Judge, we're executing
a search warrant.
364
00:15:47,033 --> 00:15:48,860
- I am in the middle
of a conference.
365
00:15:48,904 --> 00:15:51,124
- Well, your conference
is now continued.
366
00:15:51,167 --> 00:15:53,648
Gentlemen, if you please.
367
00:15:57,608 --> 00:15:59,828
- Rachel Bender?
Is this a joke?
368
00:15:59,871 --> 00:16:02,004
- It most certainly is not.
369
00:16:02,048 --> 00:16:03,963
- What's the probable cause?
370
00:16:04,006 --> 00:16:05,660
- We have an eyewitness
who works at a coffee shop
371
00:16:05,703 --> 00:16:09,011
near your home who places you
in the coffee shop Saturday
372
00:16:09,055 --> 00:16:10,708
having a heated argument
with Rachel
373
00:16:10,752 --> 00:16:12,232
because
she wouldn't take you back.
374
00:16:12,275 --> 00:16:15,017
- You need to get
the hell out of there now.
375
00:16:15,061 --> 00:16:16,932
- Judge?
376
00:16:16,976 --> 00:16:18,934
Is that a cut
in your right hand?
377
00:16:18,978 --> 00:16:20,283
[phone chimes, buzzes]
378
00:16:20,327 --> 00:16:22,111
- You have no idea
379
00:16:22,155 --> 00:16:24,026
the dimensions
of the mistake you're making.
380
00:16:24,070 --> 00:16:25,506
- We are making no mistakes.
381
00:16:25,549 --> 00:16:27,073
We just got a text
from a detective
382
00:16:27,116 --> 00:16:29,205
executing warrant
at your house.
383
00:16:29,249 --> 00:16:33,296
They found a pair of size 11
Giovanni Presario loafers
384
00:16:33,340 --> 00:16:35,951
in your closet,
mud still on the sole.
385
00:16:35,995 --> 00:16:38,388
Matches the footprint
at the crime scene.
386
00:16:38,432 --> 00:16:39,737
- [whistles]
387
00:16:39,781 --> 00:16:41,913
- Turn around.
- I'm not gonna turn around.
388
00:16:41,957 --> 00:16:44,264
You're seriously handcuffing me
in my chamber?
389
00:16:44,307 --> 00:16:46,005
- Hey!
390
00:16:46,048 --> 00:16:50,009
You are under arrest for
the murder of Rachel Bender.
391
00:16:56,754 --> 00:16:58,104
[door opens]
392
00:16:58,147 --> 00:17:00,932
- I've been waiting 20 minutes
for a cup of coffee.
393
00:17:00,976 --> 00:17:02,891
- Judge,
you know how this works.
394
00:17:02,934 --> 00:17:05,241
You've been in this business
a very long time,
395
00:17:05,285 --> 00:17:07,635
so we're gonna
shoot you straight.
396
00:17:07,678 --> 00:17:10,029
The evidence against you
is very strong.
397
00:17:10,071 --> 00:17:12,944
We got your fancy size 11
loafers at the crime scene.
398
00:17:12,988 --> 00:17:15,338
You got a cut on the palm
of your right hand,
399
00:17:15,382 --> 00:17:16,512
the stabbing hand.
400
00:17:16,557 --> 00:17:18,124
And a man matching
your description
401
00:17:18,166 --> 00:17:20,560
was seen arguing
with our vic
402
00:17:20,604 --> 00:17:22,606
shortly before
she was murdered.
403
00:17:22,650 --> 00:17:25,305
- Plus we have motive.
404
00:17:25,348 --> 00:17:29,570
The victim dumps your ass a few
days before she was murdered.
405
00:17:29,613 --> 00:17:31,963
- Get out ahead of this, Judge.
406
00:17:32,007 --> 00:17:34,575
Tell us your side of the story.
407
00:17:34,618 --> 00:17:36,751
- [scoffs]
408
00:17:36,794 --> 00:17:38,753
You want me to confess.
409
00:17:38,796 --> 00:17:40,320
Please.
410
00:17:40,363 --> 00:17:42,800
I had nothing to do
with Rachel's death.
411
00:17:42,844 --> 00:17:44,715
So uncuff me right now,
412
00:17:44,759 --> 00:17:47,240
and I'll pretend
that this was nothing more
413
00:17:47,283 --> 00:17:49,416
than an ill-informed error
of judgment--
414
00:17:49,459 --> 00:17:53,028
a simple but stupid mistake.
415
00:17:53,072 --> 00:17:55,726
- That's not the way
to play this.
416
00:17:57,554 --> 00:17:59,426
Your Honor.
417
00:18:02,559 --> 00:18:06,259
- I want a lawyer now.
418
00:18:16,573 --> 00:18:18,401
- Judge Raymer?
419
00:18:18,445 --> 00:18:19,924
- Hard to believe, I know.
420
00:18:19,968 --> 00:18:21,448
- The facts say what they say.
421
00:18:21,491 --> 00:18:23,450
- No, I agree he's our man.
422
00:18:23,493 --> 00:18:25,930
But I reviewed the file.
423
00:18:25,974 --> 00:18:29,108
Evidence is solid,
except it's all circumstantial.
424
00:18:29,151 --> 00:18:32,023
Is there anyone else
who can help nail this down?
425
00:18:32,067 --> 00:18:34,243
Add some context
to Raymer's personality,
426
00:18:34,287 --> 00:18:36,376
or better yet,
provide some more evidence?
427
00:18:36,419 --> 00:18:37,681
- There may be.
428
00:18:37,725 --> 00:18:39,901
Raymer called his law clerk
at 5:40
429
00:18:39,944 --> 00:18:41,903
the night
that Rachel was killed.
430
00:18:41,946 --> 00:18:43,513
- That's less than two hours
before the murder.
431
00:18:43,557 --> 00:18:45,820
- Which is why we're on our way
to talk to him now.
432
00:18:45,863 --> 00:18:47,126
- I'm coming with you.
433
00:18:48,605 --> 00:18:50,129
- Are you sure about that?
434
00:18:50,172 --> 00:18:51,391
- I am.
435
00:18:55,786 --> 00:18:57,658
- No, that's impossible.
436
00:18:57,701 --> 00:18:59,399
Judge Raymer
would never hurt anybody.
437
00:18:59,442 --> 00:19:01,488
- We appreciate
your loyalty, Tyler.
438
00:19:01,531 --> 00:19:03,881
We just have a few questions,
and we'll be on our way.
439
00:19:03,925 --> 00:19:05,535
Did you know
about his relationship
440
00:19:05,579 --> 00:19:06,797
with Rachel Bender?
441
00:19:06,841 --> 00:19:08,103
- No.
442
00:19:08,147 --> 00:19:09,887
- Why did Raymer
call you at 5:40
443
00:19:09,931 --> 00:19:11,628
the night Rachel was killed?
444
00:19:11,672 --> 00:19:12,934
- I was grabbing a slice
445
00:19:12,977 --> 00:19:14,892
across the street
from the courthouse.
446
00:19:14,936 --> 00:19:16,720
I drive the judge
to and from work.
447
00:19:16,764 --> 00:19:19,158
He wanted me to take him home.
448
00:19:19,201 --> 00:19:21,290
- Is that what you did?
- Yes.
449
00:19:21,334 --> 00:19:23,074
I drove him to his place
in The Village,
450
00:19:23,118 --> 00:19:24,902
then came up
and worked on an opinion.
451
00:19:24,946 --> 00:19:27,949
I was with him till about 9:00.
452
00:19:27,992 --> 00:19:29,385
- Wait, hold on.
453
00:19:29,429 --> 00:19:31,300
You're telling us that
you were at your boss' house
454
00:19:31,344 --> 00:19:33,737
for three hours
that night with him?
455
00:19:33,781 --> 00:19:35,217
- Yes.
456
00:19:35,261 --> 00:19:37,959
- Wow, your judge,
what a lucky guy.
457
00:19:38,002 --> 00:19:39,917
You just handed him
the perfect alibi.
458
00:19:39,961 --> 00:19:42,355
- Hey, guys,
could you give us a minute?
459
00:19:48,839 --> 00:19:51,102
Yeah, I was a clerk
back in the day.
460
00:19:51,146 --> 00:19:54,889
I know
what your boss means to you.
461
00:19:54,932 --> 00:19:56,934
- Judge Raymer
is a brilliant man.
462
00:19:56,978 --> 00:19:58,893
Is a good man.
- No.
463
00:19:58,936 --> 00:20:01,287
I felt the same way
about Judge Munson.
464
00:20:01,330 --> 00:20:04,246
And I wouldn't change
that experience for anything,
465
00:20:04,290 --> 00:20:06,553
even though the hours
were really long
466
00:20:06,596 --> 00:20:08,468
and I felt like
an indentured servant.
467
00:20:08,511 --> 00:20:11,122
- [chuckles]
468
00:20:11,166 --> 00:20:13,081
Nothing's changed
in that regard.
469
00:20:13,124 --> 00:20:14,996
Trust me.
- No, I know.
470
00:20:15,039 --> 00:20:17,041
Some things will never change,
no matter what.
471
00:20:18,826 --> 00:20:20,262
But here's the thing, Tyler.
472
00:20:20,306 --> 00:20:25,093
Indentured servants don't
socialize with their bosses.
473
00:20:25,136 --> 00:20:27,138
- Excuse me?
[chuckles nervously]
474
00:20:27,182 --> 00:20:29,445
- You lied about being
with Judge Raymer
475
00:20:29,489 --> 00:20:32,318
at his place
on the night Rachel was killed.
476
00:20:34,145 --> 00:20:37,323
Did you know they were dating?
477
00:20:37,366 --> 00:20:39,150
- I suspected.
478
00:20:39,194 --> 00:20:42,502
She came by the chambers a lot.
479
00:20:42,545 --> 00:20:45,853
And then last week,
I heard raised voices.
480
00:20:46,984 --> 00:20:50,074
She dumped him.
481
00:20:50,118 --> 00:20:53,034
- And where did you
drop him that night?
482
00:20:54,122 --> 00:20:56,037
- Public defender's office.
483
00:20:57,821 --> 00:20:59,040
- Why?
484
00:20:59,083 --> 00:21:01,999
- Because he said
he had business.
485
00:21:02,043 --> 00:21:05,307
I know he had
a contentious divorce, right?
486
00:21:05,351 --> 00:21:08,223
But he would
never hurt Rachel, OK?
487
00:21:08,267 --> 00:21:09,877
That's not who he is.
488
00:21:18,451 --> 00:21:18,842
.
489
00:21:18,886 --> 00:21:20,844
- I already spoke
to the detectives.
490
00:21:20,888 --> 00:21:24,152
My ex-husband
is a powerful man.
491
00:21:24,195 --> 00:21:27,155
I'm not comfortable saying
anything else about him.
492
00:21:27,198 --> 00:21:30,332
- Respectfully, Ms. Raymer,
he's on trial for murder.
493
00:21:30,376 --> 00:21:34,162
Your comfort is not
our chief concern.
494
00:21:34,205 --> 00:21:37,121
- You filed a restraining order
against him.
495
00:21:37,165 --> 00:21:40,299
Why don't you tell us
what your ex-husband did?
496
00:21:42,388 --> 00:21:47,131
- What he did was stalk me
after I moved out.
497
00:21:47,175 --> 00:21:48,219
Hit me.
498
00:21:49,395 --> 00:21:52,615
Said if I left him,
he would kill me.
499
00:21:53,747 --> 00:21:56,402
- Well, then why did you decide
not to pursue charges?
500
00:21:56,445 --> 00:21:57,577
- He's a judge.
501
00:21:57,620 --> 00:21:59,970
It would have been
my word against his.
502
00:22:00,014 --> 00:22:03,409
Plus, there's no alimony
if your ex is behind bars.
503
00:22:03,452 --> 00:22:05,454
If I testify against him--
504
00:22:05,498 --> 00:22:09,850
- Ms. Raymer, a woman is dead.
505
00:22:09,893 --> 00:22:11,765
And he has to be
held responsible.
506
00:22:11,808 --> 00:22:14,376
So we are gonna subpoena you.
507
00:22:14,420 --> 00:22:16,291
And if you won't testify,
508
00:22:16,335 --> 00:22:18,554
I will seek
to hold you in contempt.
509
00:22:18,598 --> 00:22:19,903
Do you understand?
510
00:22:25,605 --> 00:22:27,084
- Mr. Price is attempting
511
00:22:27,128 --> 00:22:29,913
to introduce Ms. Raymer's
testimony as a prior bad act.
512
00:22:29,957 --> 00:22:31,393
- Goes to pattern, Your Honor.
513
00:22:31,437 --> 00:22:32,873
- There is no pattern.
514
00:22:32,916 --> 00:22:35,832
Ms. Raymer is not dead.
- Judge, please.
515
00:22:35,876 --> 00:22:37,617
- Can we call this
for what it is:
516
00:22:37,660 --> 00:22:41,055
a shameless ploy to poison
the jury against my client
517
00:22:41,098 --> 00:22:43,100
to cover for the prosecution's
lack of evidence?
518
00:22:43,144 --> 00:22:45,233
- The defendant's penchant
for stalking women
519
00:22:45,276 --> 00:22:47,409
and committing acts of violence
is highly relevant
520
00:22:47,453 --> 00:22:49,063
to this trial.
- Enough.
521
00:22:49,106 --> 00:22:51,544
The probative value
of the testimony sought here
522
00:22:51,587 --> 00:22:55,025
is clearly outweighed
by its prejudicial impact.
523
00:22:55,069 --> 00:22:56,418
I'm precluding it.
524
00:22:56,462 --> 00:22:59,160
Anything else, Mr. Price?
525
00:23:00,683 --> 00:23:05,906
Mr. Price, do you mind telling
me what you're staring at?
526
00:23:05,949 --> 00:23:09,126
- A photo of you
and the defendant.
527
00:23:09,170 --> 00:23:10,824
- Yes.
We went to Harvard together.
528
00:23:10,867 --> 00:23:12,129
- I knew that.
529
00:23:12,173 --> 00:23:16,482
I just didn't realize
how close you were.
530
00:23:16,525 --> 00:23:20,573
- Is there something
you'd like to say, Counselor?
531
00:23:20,616 --> 00:23:23,314
- Yes, respectfully,
532
00:23:23,358 --> 00:23:25,926
the victim's family
and the press
533
00:23:25,969 --> 00:23:28,450
could misconstrue
534
00:23:28,494 --> 00:23:31,192
your relationship
with the defendant.
535
00:23:31,235 --> 00:23:33,324
And the people have no choice
536
00:23:33,368 --> 00:23:37,590
but to move for your immediate
recusal in this matter.
537
00:23:37,633 --> 00:23:38,982
- We oppose.
538
00:23:39,026 --> 00:23:41,245
This is a bald-faced attempt
at judge-shopping.
539
00:23:41,289 --> 00:23:43,204
- No, it's worse than that.
540
00:23:43,247 --> 00:23:47,077
It's an unfounded attack on
the integrity of my courtroom.
541
00:23:47,121 --> 00:23:48,992
And I won't stand for it.
542
00:23:49,036 --> 00:23:50,167
Motion denied.
543
00:23:50,211 --> 00:23:52,953
- Judge Benning--
- Denied.
544
00:23:52,996 --> 00:23:55,477
Openings tomorrow, 9:00 a.m.
545
00:23:55,521 --> 00:23:57,479
Goodbye, Mr. Price.
546
00:23:57,523 --> 00:24:00,047
- Thank you, Judge.
- Thank you, Judge.
547
00:24:04,399 --> 00:24:09,535
- Judges have an immense amount
of power in the courtroom.
548
00:24:09,578 --> 00:24:12,581
Outside of the courtroom,
that power is circumscribed,
549
00:24:12,625 --> 00:24:15,497
like it is for every one of us.
550
00:24:15,541 --> 00:24:18,413
This is a story
551
00:24:18,457 --> 00:24:23,331
of a judge who would not
accept those limits.
552
00:24:23,374 --> 00:24:26,290
The evidence will show
that the victim
553
00:24:26,334 --> 00:24:29,032
ended her relationship
with the defendant,
554
00:24:29,076 --> 00:24:32,253
rejected his desperate attempt
to reconcile,
555
00:24:32,296 --> 00:24:37,388
and so, he hunted her down
and stabbed her to death
556
00:24:37,432 --> 00:24:43,960
in a brutal and deranged
exercise of power
557
00:24:44,004 --> 00:24:47,311
and one he has to answer for.
558
00:24:48,661 --> 00:24:52,273
- This case is about power--
559
00:24:52,316 --> 00:24:55,406
the prosecution's abuse of it.
560
00:24:55,450 --> 00:24:58,148
Because Mr. Price is twisting
a simple breakup
561
00:24:58,192 --> 00:25:00,542
into a fantasy of murder.
562
00:25:00,586 --> 00:25:02,979
Why do this
on what will become clear
563
00:25:03,023 --> 00:25:05,721
is a flimsy
evidentiary foundation
564
00:25:05,765 --> 00:25:08,550
to eliminate an enemy--
565
00:25:08,594 --> 00:25:10,509
Mr. Price's enemy?
566
00:25:10,552 --> 00:25:13,337
Because Mr. Price
has been on the wrong end
567
00:25:13,381 --> 00:25:16,210
of Judge Raymer's rulings
over and over.
568
00:25:16,253 --> 00:25:18,473
- Objection. Foundation.
Move to strike.
569
00:25:18,517 --> 00:25:21,171
- Overruled.
Sit down, Mr. Price.
570
00:25:21,215 --> 00:25:23,565
And don't interrupt again.
571
00:25:23,609 --> 00:25:26,916
- At the end of the
prosecution's so-called case,
572
00:25:26,960 --> 00:25:29,179
I will ask you
to send a message:
573
00:25:29,223 --> 00:25:31,573
that the judiciary
is independent
574
00:25:31,617 --> 00:25:33,227
and can't be intimidated.
575
00:25:33,270 --> 00:25:36,578
I will ask you
to acquit Judge Raymer
576
00:25:36,622 --> 00:25:39,450
of this baseless charge.
577
00:25:42,062 --> 00:25:45,631
- I manufactured the case
to eliminate an enemy?
578
00:25:45,674 --> 00:25:49,330
It's offensive on its face
and sanctionable.
579
00:25:49,373 --> 00:25:51,985
- So then there's no truth
to Strawn's contention
580
00:25:52,028 --> 00:25:53,552
that you've been
on the losing side
581
00:25:53,595 --> 00:25:55,902
of a majority
of Raymer's rulings?
582
00:25:55,945 --> 00:25:57,512
- Well, of course there is,
583
00:25:57,556 --> 00:26:00,384
like every other prosecutor
in the building.
584
00:26:00,428 --> 00:26:03,039
Raymer is notoriously
pro-defense.
585
00:26:03,083 --> 00:26:04,737
- Then the defendant
is entitled
586
00:26:04,780 --> 00:26:08,610
to make the argument that
Raymer's bias stoked yours.
587
00:26:08,654 --> 00:26:12,614
Speaking of Benning's bias,
if you'd asked me,
588
00:26:12,658 --> 00:26:16,400
I would have argued
against that motion to recuse.
589
00:26:16,444 --> 00:26:18,707
- He's compromised, Jack,
and his prejudice
590
00:26:18,751 --> 00:26:21,318
will manifest itself
in ways big and small
591
00:26:21,362 --> 00:26:23,494
throughout the trial,
even if it's unconscious.
592
00:26:23,538 --> 00:26:27,150
- Maybe,
but you're seasoned enough
593
00:26:27,194 --> 00:26:30,066
to know that any judge
who admits to being partial
594
00:26:30,110 --> 00:26:32,460
is acknowledging his failings.
595
00:26:32,503 --> 00:26:34,462
Your motion
didn't stand a chance.
596
00:26:34,505 --> 00:26:37,944
All it did was infuriate him.
597
00:26:37,987 --> 00:26:41,208
- Defense counsel suggested
I'm framing his client.
598
00:26:41,251 --> 00:26:43,645
The trial judge is pals
with the defendant.
599
00:26:43,689 --> 00:26:47,649
I think I was expecting you to
share in a bit of my outrage.
600
00:26:47,693 --> 00:26:50,652
- Our outrage isn't gonna
convince the jury of anything.
601
00:26:50,696 --> 00:26:52,480
Feeding them evidence is.
602
00:26:52,523 --> 00:26:55,048
I suggest you focus
your energies on that.
603
00:27:02,403 --> 00:27:02,621
.
604
00:27:02,664 --> 00:27:04,884
- At some point, Mr. Minter,
did you become aware
605
00:27:04,927 --> 00:27:06,146
that the defendant
and Ms. Bender
606
00:27:06,189 --> 00:27:09,062
were engaged in a relationship?
- Yes.
607
00:27:09,105 --> 00:27:10,977
- When did you
become aware of that?
608
00:27:11,020 --> 00:27:13,109
- When I overheard them
talking in chambers.
609
00:27:13,153 --> 00:27:15,764
- And what was the substance
of their conversation?
610
00:27:15,808 --> 00:27:18,506
- It was about...
611
00:27:18,549 --> 00:27:19,899
the relationship.
612
00:27:19,942 --> 00:27:21,683
- Mm-hmm.
613
00:27:21,727 --> 00:27:24,817
Do you recall overhearing
that Miss Bender wanted
614
00:27:24,860 --> 00:27:26,862
to end that relationship?
615
00:27:30,431 --> 00:27:33,564
- I don't remember
overhearing that.
616
00:27:35,088 --> 00:27:38,395
- What do you remember
overhearing?
617
00:27:38,439 --> 00:27:39,614
- Not much.
618
00:27:39,658 --> 00:27:41,181
The walls are thick.
619
00:27:41,224 --> 00:27:42,661
- Well, which is it,
Mr. Minter?
620
00:27:42,704 --> 00:27:44,663
You don't remember the victim
telling the defendant
621
00:27:44,706 --> 00:27:48,014
she wanted to break up,
or you couldn't hear the victim
622
00:27:48,057 --> 00:27:50,016
telling the defendant
she wanted to break up?
623
00:27:50,059 --> 00:27:52,671
- Both, I guess.
624
00:27:55,238 --> 00:27:58,633
- Did you
or did you not inform me
625
00:27:58,677 --> 00:28:01,592
that you heard the victim
break up with the defendant?
626
00:28:01,636 --> 00:28:04,073
- I said no such thing.
627
00:28:06,206 --> 00:28:07,903
- All right.
Let's move on.
628
00:28:09,600 --> 00:28:13,082
Did you drop the defendant off
outside Ms. Bender's office
629
00:28:13,126 --> 00:28:16,651
shortly before
she was stabbed to death?
630
00:28:16,695 --> 00:28:18,392
- No, I dropped him off
at his apartment
631
00:28:18,435 --> 00:28:20,263
and worked on a case with him
for three hours.
632
00:28:20,307 --> 00:28:23,484
- You told me
you dropped the defendant off
633
00:28:23,527 --> 00:28:25,399
outside
Ms. Bender's place of work
634
00:28:25,442 --> 00:28:27,749
shortly before she was killed,
correct?
635
00:28:27,793 --> 00:28:29,359
- I don't recall.
636
00:28:29,403 --> 00:28:31,492
- Mr. Minter, did you
discuss your testimony
637
00:28:31,535 --> 00:28:34,060
with the defendant in advance
of your appearance here today?
638
00:28:34,103 --> 00:28:35,409
- No.
- Yet suddenly,
639
00:28:35,452 --> 00:28:37,890
you are contradicting
everything you told me?
640
00:28:37,933 --> 00:28:39,021
- That's not true.
- All right.
641
00:28:39,065 --> 00:28:40,370
Will the court
please remind Mr. Minter
642
00:28:40,414 --> 00:28:43,069
that he is testifying
under penalty of perjury?
643
00:28:43,112 --> 00:28:44,418
- Objection.
644
00:28:44,461 --> 00:28:46,637
Asked and answered.
Badgering.
645
00:28:46,681 --> 00:28:49,292
If the prosecution doesn't like
Mr. Minter's testimony,
646
00:28:49,336 --> 00:28:51,381
they shouldn't have called him.
- Sustained.
647
00:28:51,425 --> 00:28:54,080
The witness' testimony
is clear.
648
00:28:54,123 --> 00:28:55,777
You're done here, Mr. Price.
649
00:28:55,821 --> 00:28:58,171
Your witness, Mr. Strawn.
650
00:28:58,214 --> 00:29:01,435
- We have nothing,
Judge Benning.
651
00:29:09,965 --> 00:29:11,619
- You were right.
652
00:29:11,662 --> 00:29:13,926
Raymer clearly had a chat
with Minter.
653
00:29:13,969 --> 00:29:15,449
Called him early this morning.
654
00:29:15,492 --> 00:29:18,234
Conversation lasted
an hour and a half.
655
00:29:18,278 --> 00:29:19,975
- Kid's always been shaky.
656
00:29:20,019 --> 00:29:21,803
- Well, we can open
a perjury investigation.
657
00:29:21,847 --> 00:29:24,197
- No, there's no point.
We couldn't prove it.
658
00:29:24,240 --> 00:29:26,155
And even if we could,
he's been completely burned
659
00:29:26,199 --> 00:29:27,722
as a witness.
[knocks at door]
660
00:29:27,766 --> 00:29:30,420
- Nolan Price?
- Yes.
661
00:29:31,987 --> 00:29:33,989
Thank you.
662
00:29:35,948 --> 00:29:37,123
- What's that?
663
00:29:38,472 --> 00:29:41,997
- It's a subpoena
for my testimony.
664
00:29:44,217 --> 00:29:45,784
- I discovered
the victim's body.
665
00:29:45,827 --> 00:29:47,960
The defense is entitled
to inquire about that
666
00:29:48,003 --> 00:29:49,178
and nothing else.
667
00:29:49,222 --> 00:29:50,745
- Says Mr. Price.
668
00:29:50,789 --> 00:29:52,094
We're entitled to inquire
669
00:29:52,138 --> 00:29:54,183
about his private conversation
with Mr. Minter.
670
00:29:54,227 --> 00:29:55,837
- It's called
interviewing a witness.
671
00:29:55,881 --> 00:29:57,665
- Yes, with no one else present
672
00:29:57,708 --> 00:29:59,885
and referencing
that conversation repeatedly
673
00:29:59,928 --> 00:30:01,625
during
Mr. Minter's questioning.
674
00:30:01,669 --> 00:30:03,453
- You could have objected
to those references.
675
00:30:03,497 --> 00:30:04,541
You did not.
676
00:30:04,585 --> 00:30:06,674
- But it's part
of the record now,
677
00:30:06,717 --> 00:30:08,589
making you a party
to a conversation
678
00:30:08,632 --> 00:30:10,765
that is central
to the outcome of this case,
679
00:30:10,809 --> 00:30:12,593
whether you like it or not.
- Your Honor--
680
00:30:12,636 --> 00:30:14,334
- As someone
who is so concerned
681
00:30:14,377 --> 00:30:16,205
with the appearance
of impropriety,
682
00:30:16,249 --> 00:30:17,816
Mr. Price,
you, of all people,
683
00:30:17,859 --> 00:30:20,514
should know that it would
be highly improper of me
684
00:30:20,557 --> 00:30:22,298
to deprive the defense
the opportunity
685
00:30:22,342 --> 00:30:25,301
to impeach your testimony.
686
00:30:25,345 --> 00:30:27,564
Mr. Price will take the stand.
687
00:30:32,047 --> 00:30:35,224
- Mr. Price, how often have you
appeared before Judge Raymer?
688
00:30:35,268 --> 00:30:37,009
- Perhaps a half dozen times.
689
00:30:37,052 --> 00:30:38,837
- Eight, actually.
690
00:30:38,880 --> 00:30:41,143
And you've lost three
of those cases, right?
691
00:30:41,187 --> 00:30:44,190
- Yes,
but they were jury verdicts.
692
00:30:44,233 --> 00:30:45,539
- Each of which involved
693
00:30:45,582 --> 00:30:48,585
numerous motions crucial
to the case's outcome--
694
00:30:48,629 --> 00:30:49,891
motions you lost.
695
00:30:49,935 --> 00:30:51,284
- Objection. Relevance.
696
00:30:51,327 --> 00:30:52,894
- Make your point, Mr. Strawn.
697
00:30:52,938 --> 00:30:56,245
- You dislike appearing
before Judge Raymer.
698
00:30:56,289 --> 00:31:00,902
- No, I have no animus towards
Judge Raymer as a judge.
699
00:31:00,946 --> 00:31:04,732
I do, however, despise him
for the heinous act
700
00:31:04,775 --> 00:31:06,777
the evidence establishes
he committed.
701
00:31:06,821 --> 00:31:09,476
- You and the victim,
Rachel Bender,
702
00:31:09,519 --> 00:31:11,521
were colleagues
at the public defender's office
703
00:31:11,565 --> 00:31:13,915
for three years.
- Yes.
704
00:31:13,959 --> 00:31:15,090
- At the time of her death,
705
00:31:15,134 --> 00:31:16,700
were you two
romantically involved?
706
00:31:16,744 --> 00:31:18,398
- No.
- Objection. Relevance.
707
00:31:18,441 --> 00:31:19,921
- A little latitude, Judge.
708
00:31:19,965 --> 00:31:22,228
- I'll allow it.
709
00:31:22,271 --> 00:31:24,926
- I'd like to offer
the following photo
710
00:31:24,970 --> 00:31:27,624
as defense exhibit 34.
711
00:31:35,850 --> 00:31:37,373
- Judge, may we approach?
712
00:31:42,335 --> 00:31:44,598
Mr. Price's past relationship
with the victim
713
00:31:44,641 --> 00:31:47,122
has absolutely nothing
to do with this case.
714
00:31:47,166 --> 00:31:48,384
- But it has everything to do
715
00:31:48,428 --> 00:31:50,604
with his decision
to bring this case.
716
00:31:50,647 --> 00:31:52,693
Mr. Price's relationship
with Ms. Bender
717
00:31:52,736 --> 00:31:55,391
establishes prosecutorial
overreach and bias.
718
00:31:55,435 --> 00:31:56,958
- I'll allow it.
Step back.
719
00:31:57,002 --> 00:32:00,179
- Judge--
- Ms. Maroun, step back.
720
00:32:00,222 --> 00:32:03,399
Mark it as defense exhibit 34.
721
00:32:03,443 --> 00:32:04,835
You can put it up.
722
00:32:08,404 --> 00:32:11,668
- Mr. Price, can you tell us
what this photo depicts?
723
00:32:11,712 --> 00:32:13,366
- It's an office holiday party.
724
00:32:13,409 --> 00:32:15,846
I think it was 2012.
725
00:32:15,890 --> 00:32:19,633
- It's a photo of you
kissing Rachel Bender, right?
726
00:32:19,676 --> 00:32:20,721
- That's correct.
727
00:32:20,764 --> 00:32:22,679
- So let me
rephrase my question.
728
00:32:22,723 --> 00:32:26,205
Did you ever have a romantic
relationship with Ms. Bender?
729
00:32:26,248 --> 00:32:28,207
- A brief one.
Decade ago.
730
00:32:28,250 --> 00:32:30,035
- But you still loved her,
correct?
731
00:32:30,078 --> 00:32:33,995
- No, I was never
in love with her.
732
00:32:34,039 --> 00:32:36,563
- And you hated the fact
Judge Raymer was dating her.
733
00:32:36,606 --> 00:32:38,130
- Objection.
This is preposterous.
734
00:32:38,173 --> 00:32:39,740
- Overruled.
735
00:32:39,783 --> 00:32:42,525
- There were no witnesses to
Ms. Bender's killing, correct?
736
00:32:42,569 --> 00:32:44,179
- None that we've located.
737
00:32:44,223 --> 00:32:45,746
- But you're the one
that found the body.
738
00:32:45,789 --> 00:32:50,533
Your fingerprints were
on her driver's license.
739
00:32:50,577 --> 00:32:51,665
How do we know
you didn't kill her?
740
00:32:51,708 --> 00:32:53,014
- Objection.
- How do we know
741
00:32:53,058 --> 00:32:55,147
this entire trial
isn't a frame job
742
00:32:55,190 --> 00:32:56,800
by a jealous man
who killed the lover
743
00:32:56,844 --> 00:32:58,846
he was still obsessed with?
- Judge, please.
744
00:32:58,889 --> 00:33:00,717
- And the man you're framing
was also ruling against you
745
00:33:00,761 --> 00:33:02,197
in case after case--
a two-for-one deal, right?
746
00:33:02,241 --> 00:33:03,372
- Objection.
747
00:33:03,416 --> 00:33:06,288
- Sustained.
Enough, Mr. Strawn.
748
00:33:06,332 --> 00:33:07,942
- Nothing further.
749
00:33:07,986 --> 00:33:11,119
[tense music]
750
00:33:11,163 --> 00:33:15,558
♪
751
00:33:20,781 --> 00:33:21,129
.
752
00:33:21,173 --> 00:33:23,697
- You think
it might have dawned on you
753
00:33:23,740 --> 00:33:25,351
to inform co-counsel the victim
was an ex-girlfriend?
754
00:33:25,394 --> 00:33:29,442
- It was a casual thing, Sam.
It was more than a decade ago.
755
00:33:29,485 --> 00:33:32,619
- You went after Benning
because he's Raymer's friend.
756
00:33:32,662 --> 00:33:34,621
You are just as compromised
as he is.
757
00:33:34,664 --> 00:33:39,104
- Look, I am sorry I didn't
bring you into the loop,
758
00:33:39,147 --> 00:33:41,584
but it was irrelevant.
759
00:33:41,628 --> 00:33:45,849
- Well, that may be true,
but we're on life support.
760
00:33:45,893 --> 00:33:47,938
I mean,
the jury may not believe
761
00:33:47,982 --> 00:33:49,114
you framed Raymer
for the murder,
762
00:33:49,157 --> 00:33:51,333
but they could believe
you overreached,
763
00:33:51,377 --> 00:33:54,641
that you are not
seeing things clearly.
764
00:33:54,684 --> 00:33:56,121
We need more evidence.
765
00:33:56,164 --> 00:33:57,687
- I agree.
766
00:34:00,995 --> 00:34:03,911
Maybe we take another run
at Tyler Minter.
767
00:34:03,954 --> 00:34:05,434
- His testimony is useless.
768
00:34:05,478 --> 00:34:07,001
You said it yourself.
- I know.
769
00:34:07,045 --> 00:34:11,397
But he seems to know more
about Raymer than anybody else.
770
00:34:20,319 --> 00:34:21,407
- I'm not talking.
771
00:34:21,449 --> 00:34:22,973
I believe
in Judge Raymer's innocence.
772
00:34:23,016 --> 00:34:24,583
He's gonna be acquitted,
and he'll be back on the bench
773
00:34:24,627 --> 00:34:26,672
in a week.
- I understand the sentiment.
774
00:34:26,716 --> 00:34:31,721
But you will have
to pay a price for it.
775
00:34:31,764 --> 00:34:33,201
- Excuse me?
776
00:34:33,245 --> 00:34:34,855
- You're still relatively new
to the legal profession,
777
00:34:34,898 --> 00:34:35,943
so let me educate you.
778
00:34:35,985 --> 00:34:37,771
This is a murder trial,
779
00:34:37,813 --> 00:34:41,992
and you lied on the stand.
780
00:34:42,036 --> 00:34:44,038
I can't allow that
to go unchecked.
781
00:34:44,081 --> 00:34:48,998
- Y-you're gonna indict me?
782
00:34:49,043 --> 00:34:51,001
You'll never prove it.
783
00:34:51,045 --> 00:34:53,786
- Maybe.
784
00:34:53,830 --> 00:34:58,139
But are you really willing
to take that risk?
785
00:34:58,183 --> 00:35:01,055
- Tyler,
if you don't talk to us,
786
00:35:01,099 --> 00:35:03,405
you're gonna force our hand.
787
00:35:07,192 --> 00:35:09,368
- [sighs]
788
00:35:12,110 --> 00:35:14,677
- You told me you didn't know
789
00:35:14,721 --> 00:35:16,418
why Judge Raymer wanted
to be dropped off
790
00:35:16,462 --> 00:35:17,724
at the public defender's office
791
00:35:17,767 --> 00:35:21,423
on the day
that Rachel was killed.
792
00:35:21,467 --> 00:35:23,295
That's not true, is it?
793
00:35:28,430 --> 00:35:30,171
- The judge...
[distant chatter]
794
00:35:33,174 --> 00:35:34,828
He bought a diamond ring.
795
00:35:34,871 --> 00:35:37,309
He was gonna propose to her
in Dewey Park.
796
00:35:37,352 --> 00:35:40,747
It's a block from
the public defender's office.
797
00:35:40,790 --> 00:35:44,620
It's where they had
their first date.
798
00:35:44,664 --> 00:35:45,839
Can I go?
799
00:35:52,889 --> 00:35:55,457
- So we got the proposal.
800
00:35:55,501 --> 00:35:57,459
- Problem is what comes next.
801
00:35:57,503 --> 00:36:00,723
The street vendor stops his
cart right in front of them.
802
00:36:00,767 --> 00:36:02,160
Obstructs the view.
803
00:36:05,598 --> 00:36:07,817
- By the time
the cart moves again,
804
00:36:07,861 --> 00:36:09,776
Raymer is storming off.
805
00:36:09,819 --> 00:36:13,127
- So Raymer thinks he can get
her back by proposing to her.
806
00:36:13,171 --> 00:36:14,694
She turns him down flat.
807
00:36:14,737 --> 00:36:16,261
- He stews over it.
808
00:36:16,304 --> 00:36:18,872
An hour later,
she's dead two blocks away.
809
00:36:18,915 --> 00:36:21,614
- But there is a guy
standing right behind him.
810
00:36:21,657 --> 00:36:23,442
He had to have seen
the whole thing.
811
00:36:23,485 --> 00:36:25,748
- Yeah, maybe he can
provide some context
812
00:36:25,792 --> 00:36:27,446
and fill in some of the gaps
for the jury.
813
00:36:27,489 --> 00:36:28,882
- Can you zoom in
on his jacket?
814
00:36:34,931 --> 00:36:37,456
- Yeah, I was on my break
having a smoke.
815
00:36:37,499 --> 00:36:38,935
Saw the guy flame out.
816
00:36:38,979 --> 00:36:41,416
- Can you run through
what you saw, Drew?
817
00:36:41,460 --> 00:36:44,071
- It was pretty quick.
He got down on one knee.
818
00:36:44,114 --> 00:36:46,247
She said, sorry,
but it was over.
819
00:36:46,291 --> 00:36:48,249
He gets up.
Starts screaming at her.
820
00:36:48,293 --> 00:36:49,642
- Anything else?
821
00:36:49,685 --> 00:36:52,079
- Yeah, the last thing
he said stuck with me.
822
00:36:52,122 --> 00:36:53,907
He said she would be sorry.
823
00:36:53,950 --> 00:36:55,778
Told her he was gonna get her.
824
00:36:57,258 --> 00:36:59,173
- I appreciate you, brother.
825
00:36:59,217 --> 00:37:01,480
We'll be in touch.
- Sure thing.
826
00:37:01,523 --> 00:37:05,310
Yo, the guy was a real prick.
- Mm.
827
00:37:07,529 --> 00:37:10,576
- How's the doorman's
trial prep going?
828
00:37:10,619 --> 00:37:13,187
- Afraid we've hit a snag.
829
00:37:13,231 --> 00:37:14,319
- What do you mean?
830
00:37:14,362 --> 00:37:15,711
- He's got a prior conviction
831
00:37:15,755 --> 00:37:18,192
for harassing an ex-girlfriend.
832
00:37:18,236 --> 00:37:20,281
Pled guilty in 2015.
833
00:37:20,325 --> 00:37:22,936
The defense could spin this
to its advantage
834
00:37:22,979 --> 00:37:25,852
and turn him
into an obsessive predator
835
00:37:25,895 --> 00:37:27,767
who met the victim
right before she was murdered.
836
00:37:27,810 --> 00:37:31,031
Make it look like
he's the killer.
837
00:37:31,074 --> 00:37:33,512
- [sighs]
838
00:37:33,555 --> 00:37:35,601
Not if we don't use him.
839
00:37:35,644 --> 00:37:38,952
Look, the Java Bliss barista.
840
00:37:38,995 --> 00:37:41,302
Plus, we have the cut
on Raymer's right palm
841
00:37:41,346 --> 00:37:42,695
and his shoes
at the crime scene.
842
00:37:42,738 --> 00:37:44,000
And the jury
will put it together.
843
00:37:44,044 --> 00:37:46,655
- But we still have
to turn over information
844
00:37:46,699 --> 00:37:48,222
about Drew to the defense.
845
00:37:48,266 --> 00:37:50,790
- It's not our job
to present alternative theories
846
00:37:50,833 --> 00:37:51,965
to the defense.
847
00:37:52,008 --> 00:37:54,446
- No, but it is our job
848
00:37:54,489 --> 00:37:56,317
to turn over
exculpatory evidence.
849
00:37:56,361 --> 00:37:59,320
- You really think that there
is a reasonable probability
850
00:37:59,364 --> 00:38:02,715
that this information would
result in a different verdict?
851
00:38:02,758 --> 00:38:06,588
- Is that opinion based
on your legal interpretation
852
00:38:06,632 --> 00:38:11,027
or your desire
to get justice for your friend?
853
00:38:11,071 --> 00:38:12,115
- Both.
854
00:38:12,159 --> 00:38:13,247
- Well, what would you say
855
00:38:13,291 --> 00:38:14,814
if you were still
a defense attorney?
856
00:38:18,078 --> 00:38:21,211
- It doesn't matter.
857
00:38:21,255 --> 00:38:22,691
I'm a prosecutor.
858
00:38:27,305 --> 00:38:31,526
It's my call, Sam.
859
00:38:31,570 --> 00:38:34,747
[tense music]
860
00:38:34,790 --> 00:38:41,710
♪
861
00:38:46,019 --> 00:38:47,716
- Thank you, Hannah.
862
00:38:55,202 --> 00:38:56,812
Any word on the jury?
863
00:38:56,856 --> 00:38:59,989
- No. It's been two days, so...
864
00:39:00,033 --> 00:39:02,514
- I just hope your passion
for the victim
865
00:39:02,557 --> 00:39:05,952
doesn't cloud
their assessment of the facts.
866
00:39:05,995 --> 00:39:09,259
- I did what I thought
was right for the case
867
00:39:09,303 --> 00:39:11,610
and for Rachel's family.
868
00:39:11,653 --> 00:39:13,960
- Winning the case
is what's right.
869
00:39:14,003 --> 00:39:18,138
And we have 20 other
homicide prosecutors here
870
00:39:18,181 --> 00:39:19,139
who could have handled--
871
00:39:19,182 --> 00:39:20,880
- But I'm the best.
872
00:39:20,923 --> 00:39:23,099
And you know it.
873
00:39:23,143 --> 00:39:26,407
- What you are is compromised.
874
00:39:26,451 --> 00:39:31,020
If I had known
you found the victim's body
875
00:39:31,064 --> 00:39:32,631
and you slept with her,
876
00:39:32,674 --> 00:39:35,982
I wouldn't have let you
within a time zone of this!
877
00:39:36,025 --> 00:39:37,810
- I took this on because
878
00:39:37,853 --> 00:39:41,944
I thought I could maximize
the chance of a conviction.
879
00:39:41,988 --> 00:39:46,384
- Because you cared so deeply
for the victim.
880
00:39:46,427 --> 00:39:47,907
- Correct.
881
00:39:47,950 --> 00:39:50,213
- I rest my case.
882
00:39:50,257 --> 00:39:52,520
[phone chimes, buzzes]
883
00:39:54,870 --> 00:39:56,437
- Jury's back.
884
00:39:56,481 --> 00:40:03,618
♪
885
00:40:08,493 --> 00:40:10,495
- Counsel, please rise.
886
00:40:13,585 --> 00:40:15,108
Madam foreperson,
887
00:40:15,151 --> 00:40:17,806
in the matter of the people
versus Ephraim Raymer,
888
00:40:17,850 --> 00:40:19,460
has the jury reached a verdict?
889
00:40:19,504 --> 00:40:21,027
- We have, Your Honor.
890
00:40:21,070 --> 00:40:23,159
- On the sole count of murder
in the second degree,
891
00:40:23,203 --> 00:40:24,596
how do you find?
892
00:40:24,639 --> 00:40:27,947
- We find the defendant guilty.
893
00:40:27,990 --> 00:40:30,602
[crowd murmuring]
894
00:40:30,645 --> 00:40:32,081
- Ladies and gentlemen
of the jury,
895
00:40:32,125 --> 00:40:33,169
thank you for your service.
896
00:40:33,213 --> 00:40:36,085
Court is adjourned.
[gavel slams]
897
00:40:48,533 --> 00:40:51,187
- Nice work, Sam.
898
00:40:51,231 --> 00:40:54,234
- We did what we had to do.
899
00:40:54,277 --> 00:40:57,367
Just hope your friend, Rachel,
wasn't looking down.
900
00:40:57,411 --> 00:41:04,462
♪
901
00:41:21,261 --> 00:41:21,609
.
902
00:41:21,653 --> 00:41:24,438
[dramatic music]
903
00:41:24,482 --> 00:41:31,576
♪
904
00:41:51,073 --> 00:41:53,989
[wolf howl]
905
00:41:54,039 --> 00:41:58,589
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