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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:01,596 --> 00:00:02,876 {\an8}{\i1} In the criminal justice system,{\i} 2 00:00:03,598 --> 00:00:04,951 {\an8}{\i1}the people are represented{\i} 3 00:00:04,975 --> 00:00:07,453 {\an8}{\i1}by two separate, yet equally important groups:{\i} 4 00:00:07,477 --> 00:00:09,205 {\an8}{\i1}The police, who investigate crime,{\i} 5 00:00:09,229 --> 00:00:12,125 {\an8}{\i1}and the district attorneys, who prosecute the offenders.{\i} 6 00:00:12,149 --> 00:00:13,900 {\an8}{\i1}These are their stories.{\i} 7 00:01:02,324 --> 00:01:04,260 Hey. 8 00:01:04,284 --> 00:01:06,346 Where you headed tonight, beautiful? 9 00:01:06,370 --> 00:01:08,431 Can I come? 10 00:01:08,455 --> 00:01:10,433 Come on. Where you going? 11 00:01:10,457 --> 00:01:12,310 Come back. 12 00:01:21,259 --> 00:01:23,446 Oh, sorry, I didn't mean to... 13 00:01:30,352 --> 00:01:31,746 Station's locked down. 14 00:01:31,770 --> 00:01:33,539 MTA is rerouting trains in both directions, 15 00:01:33,563 --> 00:01:35,833 but they're eager to get things moving again. 16 00:01:35,857 --> 00:01:38,044 Where's that level of urgency when there isn't a dead body 17 00:01:38,068 --> 00:01:39,462 to deal with? 18 00:01:42,614 --> 00:01:44,050 Cause of death? 19 00:01:44,074 --> 00:01:45,385 Can't say for sure. 20 00:01:45,409 --> 00:01:47,011 But given the petechial hemorrhaging, 21 00:01:47,035 --> 00:01:48,221 my guess is asphyxia. 22 00:01:48,245 --> 00:01:50,139 So he was strangled to death. 23 00:01:50,163 --> 00:01:52,475 How long ago did this happen? - Less than an hour. 24 00:01:52,499 --> 00:01:55,103 - Any witnesses? - None so far. 25 00:01:55,127 --> 00:01:56,938 The MTA worker who found the body said 26 00:01:56,962 --> 00:01:58,773 he walked the car 15 minutes before, 27 00:01:58,797 --> 00:02:01,067 but he didn't see anything unusual. 28 00:02:01,091 --> 00:02:04,404 So the call came in at 12:34, so the murder had to happen 29 00:02:04,428 --> 00:02:06,656 sometime between 12:15 and 12:30. 30 00:02:06,680 --> 00:02:08,574 We need the security footage from every station 31 00:02:08,598 --> 00:02:10,326 the train passed through in that window, okay? 32 00:02:10,350 --> 00:02:11,911 Okay. 33 00:02:11,935 --> 00:02:16,499 All right, young man, let's see. 34 00:02:16,523 --> 00:02:18,418 No phone. 35 00:02:18,442 --> 00:02:21,945 Oh, vic's still got his wallet. 36 00:02:23,864 --> 00:02:26,884 Ellis Joyner, just turned 24. 37 00:02:26,908 --> 00:02:29,095 Yeah, I thought he looked familiar. 38 00:02:29,119 --> 00:02:30,221 You know him? 39 00:02:30,245 --> 00:02:33,141 Not personally, he's a stand-up comic. 40 00:02:33,165 --> 00:02:34,434 Came from down South, 41 00:02:34,458 --> 00:02:37,103 loved to talk about how much he liked New York. 42 00:02:37,127 --> 00:02:38,938 Great place to live 43 00:02:38,962 --> 00:02:41,173 not such a great place to die. 44 00:03:29,596 --> 00:03:33,159 We found bleeding in the anterior neck strap muscles, 45 00:03:33,183 --> 00:03:36,287 as well as fractures in the hyoid bone 46 00:03:36,311 --> 00:03:38,164 {\an8}and thyroid cartilage horns. 47 00:03:38,188 --> 00:03:39,832 {\an8}And that means? 48 00:03:39,856 --> 00:03:41,292 {\an8}He died of cerebral ischemia 49 00:03:41,316 --> 00:03:43,378 {\an8}due to a lack of blood flow to the brain. 50 00:03:43,402 --> 00:03:45,129 {\an8}I'd say his carotid arteries 51 00:03:45,153 --> 00:03:47,632 {\an8}and jugular vein were compressed bilaterally, 52 00:03:47,656 --> 00:03:49,008 {\an8}like this. 53 00:03:49,032 --> 00:03:50,843 {\an8}So the killer had him in a sleeper hold? 54 00:03:50,867 --> 00:03:53,137 {\an8}Exactly, a carotid sleeper hold. 55 00:03:53,161 --> 00:03:54,847 {\an8}So you're saying our vic was choked to death. 56 00:03:54,871 --> 00:03:56,599 {\an8}Yes, and it's not like 57 00:03:56,623 --> 00:03:59,352 {\an8}he had an easy time breathing on his own. 58 00:03:59,376 --> 00:04:00,728 {\an8}What do you mean? 59 00:04:00,752 --> 00:04:02,480 {\an8}ME pulled Joyner's medical records. 60 00:04:02,504 --> 00:04:04,732 {\an8}Turns out he had severe asthma. 61 00:04:04,756 --> 00:04:06,192 {\an8}She said his lungs were hyperinflated, 62 00:04:06,216 --> 00:04:09,237 {\an8}which means he was likely having an attack when he died. 63 00:04:09,261 --> 00:04:10,905 {\an8}- Was that the cause of death? - No. 64 00:04:10,929 --> 00:04:12,699 {\an8}That would be strangulation, 65 00:04:12,723 --> 00:04:14,909 {\an8}probably from a lethal choke hold. 66 00:04:14,933 --> 00:04:16,786 {\an8}What else do we know about the vic? 67 00:04:16,810 --> 00:04:18,705 {\an8}He was single, lived alone. 68 00:04:18,729 --> 00:04:21,040 {\an8}Both parents were deceased. 69 00:04:21,064 --> 00:04:22,583 {\an8}His latest comedy special on YouTube 70 00:04:22,607 --> 00:04:24,877 {\an8}had over a million views... the guy was pretty popular. 71 00:04:24,901 --> 00:04:26,796 {\an8}Yeah, well, not with everyone. 72 00:04:26,820 --> 00:04:28,756 {\an8}What about his phone? Did we ping it? 73 00:04:28,780 --> 00:04:30,049 {\an8}No signal. 74 00:04:30,073 --> 00:04:32,385 {\an8}Bright side is, the MLI found fresh blood 75 00:04:32,409 --> 00:04:34,387 {\an8}on Joyner's jacket that didn't match his blood type, 76 00:04:34,411 --> 00:04:36,222 {\an8}so the lab's going through that right now. 77 00:04:36,246 --> 00:04:38,808 {\an8}All right, so where are we with the video footage? 78 00:04:38,832 --> 00:04:40,601 {\an8}Our train passed through 6 stations 79 00:04:40,625 --> 00:04:42,103 {\an8}within the 15-minute window. 80 00:04:42,127 --> 00:04:45,231 {\an8}Of the 6, 4 of them had cameras that were broken. 81 00:04:45,255 --> 00:04:47,400 {\an8}Footage from the 2 stations that had working cameras 82 00:04:47,424 --> 00:04:50,111 {\an8}caught a few dozen people getting on and off the trains. 83 00:04:50,135 --> 00:04:51,946 {\an8}Yeah, except none of 'em go into 84 00:04:51,970 --> 00:04:53,656 {\an8}or out of the car where Joyner was found. 85 00:04:53,680 --> 00:04:56,618 {\an8}Hey, so Joyner's MetroCard was swiped 86 00:04:56,642 --> 00:04:58,995 {\an8}at 14th Street Station, where he got on. 87 00:04:59,019 --> 00:05:00,496 {\an8}There were no working cameras there either. 88 00:05:00,520 --> 00:05:03,916 {\an8}But I pulled street-cam footage from outside the station. 89 00:05:03,940 --> 00:05:06,169 {\an8}The closest I could get was a few blocks away, 90 00:05:06,193 --> 00:05:08,212 {\an8}but I found this. 91 00:05:14,326 --> 00:05:15,803 {\an8}Well, that dude does not look happy. 92 00:05:15,827 --> 00:05:18,473 {\an8}- Yeah. - Can you zoom in on his face? 93 00:05:20,582 --> 00:05:21,934 {\an8}Wait, is that... 94 00:05:21,958 --> 00:05:24,062 {\an8}- Malcolm Paige? - The comedian? 95 00:05:24,086 --> 00:05:26,189 {\an8}He used to open for Chappelle back in the day. 96 00:05:26,213 --> 00:05:27,881 {\an8}Track him down. 97 00:05:29,299 --> 00:05:31,694 {\an8}An audience member at your show last night 98 00:05:31,718 --> 00:05:33,237 {\an8}posted this to their social media. 99 00:05:33,261 --> 00:05:34,530 {\an8}{\i1}It'd be a massive disappointment{\i} 100 00:05:34,554 --> 00:05:36,991 {\an8}{\i1}if he was even remotely relevant anymore.{\i} 101 00:05:37,015 --> 00:05:38,576 {\an8}{\i1}But you know what they say.{\i} 102 00:05:38,600 --> 00:05:40,745 {\an8}{\i1}You either die a hero or live long enough{\i} 103 00:05:40,769 --> 00:05:42,455 {\an8}{\i1}to become Malcolm Paige.{\i} 104 00:05:45,315 --> 00:05:48,169 {\an8}Is that why you attacked him after the show? 105 00:05:48,193 --> 00:05:50,964 {\an8}He attacked me. 106 00:05:50,988 --> 00:05:53,091 {\an8}Got his panties all in a twist because he didn't like 107 00:05:53,115 --> 00:05:56,135 {\an8}some of the jokes I was tellin'. 108 00:05:56,159 --> 00:05:59,222 {\an8}Hit too close to home for fancy boy. 109 00:05:59,246 --> 00:06:02,475 {\an8}Is this you trying to imply that Joyner was gay? 110 00:06:02,499 --> 00:06:03,935 {\an8}I ain't implying nothing. 111 00:06:03,959 --> 00:06:05,603 {\an8}The point is, he embarrassed you 112 00:06:05,627 --> 00:06:08,398 {\an8}in front of what was supposed to be your audience. 113 00:06:08,422 --> 00:06:10,233 {\an8}I mean, it must've really pissed you off, huh? 114 00:06:10,257 --> 00:06:11,776 {\an8}Whatever. 115 00:06:11,800 --> 00:06:14,362 {\an8}You know, we have video of you taking a swing at Joyner. 116 00:06:14,386 --> 00:06:16,489 {\an8}So what happened? 117 00:06:16,513 --> 00:06:18,992 {\an8}You follow him down the subway, try to finish the fight? 118 00:06:19,016 --> 00:06:20,410 {\an8}My car service picked me up 119 00:06:20,434 --> 00:06:22,870 {\an8}right after Joyner ran off like a little bitch, 120 00:06:22,894 --> 00:06:24,438 {\an8}followed by his b... 121 00:06:26,940 --> 00:06:28,751 {\an8}Boyfriend in tow. 122 00:06:28,775 --> 00:06:30,336 {\an8}You're saying he was with somebody? 123 00:06:30,360 --> 00:06:33,172 {\an8}He was with a dude, 124 00:06:33,196 --> 00:06:36,759 {\an8}and they weren't getting along either. 125 00:06:36,783 --> 00:06:39,429 {\an8}Paige's car service confirms his alibi. 126 00:06:39,453 --> 00:06:41,472 {\an8}I went through Joyner's texts and emails in the cloud. 127 00:06:41,496 --> 00:06:43,099 {\an8}There's no evidence he had a boyfriend. 128 00:06:43,123 --> 00:06:45,476 {\an8}Well, I think that's 'cause he was still in the closet. 129 00:06:45,500 --> 00:06:46,894 {\an8}I contacted the Travlr app. 130 00:06:46,918 --> 00:06:49,355 {\an8}They gave me access to his account here. 131 00:06:49,379 --> 00:06:52,275 {\an8}It looks like he was dating somebody he met on the site. 132 00:06:52,299 --> 00:06:56,029 {\an8}A lot of messages between him and a guy named Michael Zane. 133 00:06:56,053 --> 00:06:57,572 {\an8}He's in the system. 134 00:06:57,596 --> 00:07:00,825 {\an8}Zane was arrested for aggravated assault last year. 135 00:07:00,849 --> 00:07:02,035 {\an8}Hmm. 136 00:07:02,059 --> 00:07:03,036 {\an8}Yeah, these two were definitely 137 00:07:03,060 --> 00:07:04,370 {\an8}in some kind of fight. 138 00:07:04,394 --> 00:07:07,248 {\an8}I mean, "Keep on like this, you'll end up dead." 139 00:07:07,272 --> 00:07:09,066 {\an8}Either the Zane guy can see the future or. 140 00:07:17,991 --> 00:07:18,991 {\an8}I didn't kill Ellis. 141 00:07:19,576 --> 00:07:22,263 {\an8}I cared about him very much. 142 00:07:22,287 --> 00:07:24,307 {\an8}"Keep on like this, and you're gonna end up dead." 143 00:07:24,331 --> 00:07:26,976 {\an8}You didn't send that message? - No, not like that. 144 00:07:27,000 --> 00:07:30,938 {\an8}I was talking about his... self-hatred. 145 00:07:30,962 --> 00:07:32,315 {\an8}We have an eyewitness 146 00:07:32,339 --> 00:07:34,400 {\an8}that puts the two of you together night before last. 147 00:07:34,424 --> 00:07:36,319 {\an8}Said you guys were in some kind of fight. 148 00:07:36,343 --> 00:07:37,904 {\an8}We were. 149 00:07:37,928 --> 00:07:39,948 {\an8}I thought things would be better for him 150 00:07:39,972 --> 00:07:42,617 {\an8}if he allowed himself to live openly, 151 00:07:42,641 --> 00:07:44,994 {\an8}but he refused. 152 00:07:45,018 --> 00:07:46,829 {\an8}He was convinced his fan base would turn on him. 153 00:07:46,853 --> 00:07:48,456 {\an8}This fight ever turn physical? 154 00:07:48,480 --> 00:07:49,874 {\an8}No, of course not. 155 00:07:49,898 --> 00:07:53,086 {\an8}We are aware of your prior for aggravated assault. 156 00:07:53,110 --> 00:07:55,838 {\an8}I was in a bar when two dudes got into a fight. 157 00:07:55,862 --> 00:07:58,841 {\an8}I tried to break things up, but... 158 00:07:58,865 --> 00:08:02,136 {\an8}I'm Black, so when the cops showed up... 159 00:08:02,160 --> 00:08:05,223 {\an8}So you were on the train with Ellis that night? 160 00:08:05,247 --> 00:08:06,307 {\an8}Yeah. 161 00:08:06,331 --> 00:08:07,892 {\an8}Malcolm Paige had just attacked him, 162 00:08:07,916 --> 00:08:10,478 {\an8}and he said he wanted time to be alone. 163 00:08:10,502 --> 00:08:14,983 {\an8}So I got off after a few stops, went home. 164 00:08:15,007 --> 00:08:17,318 {\an8}Did you notice anything suspicious 165 00:08:17,342 --> 00:08:19,904 {\an8}while you were on the subway? 166 00:08:19,928 --> 00:08:22,156 {\an8}Yeah. 167 00:08:22,180 --> 00:08:24,826 {\an8}Uh, there was a guy on the subway with us, 168 00:08:24,850 --> 00:08:26,452 {\an8}white guy. 169 00:08:26,476 --> 00:08:28,496 {\an8}He kept staring at us. 170 00:08:28,520 --> 00:08:31,749 {\an8}And when I got up to get off, he stepped in my way. 171 00:08:31,773 --> 00:08:33,376 {\an8}- On purpose? - Yeah. 172 00:08:33,400 --> 00:08:35,962 {\an8}I wasn't in the mood, so I just brushed past him. 173 00:08:35,986 --> 00:08:37,422 {\an8}Did he say anything to you? 174 00:08:37,446 --> 00:08:38,923 {\an8}"Watch yourself." 175 00:08:38,947 --> 00:08:41,342 {\an8}- Can you describe him? - Brown hair. 176 00:08:41,366 --> 00:08:44,470 {\an8}He was wearing bright-yellow sneakers, 177 00:08:44,494 --> 00:08:46,306 {\an8}like, neon, 178 00:08:46,330 --> 00:08:48,349 {\an8}and a hoodie 179 00:08:48,373 --> 00:08:50,852 with some kind of symbol on the back. 180 00:08:54,588 --> 00:08:56,441 - What station is that? - 86th Street, 181 00:08:56,465 --> 00:08:59,068 one stop before the one where Joyner's body was found. 182 00:08:59,092 --> 00:09:00,570 Okay, but we can't see his face, though. 183 00:09:00,594 --> 00:09:02,322 Can you find another angle? - This is all we've got. 184 00:09:02,346 --> 00:09:05,366 Can you zoom in on that? 185 00:09:05,390 --> 00:09:08,536 Wait a second. I've seen that logo before. 186 00:09:15,484 --> 00:09:18,004 This place opened up about a year ago. 187 00:09:18,028 --> 00:09:20,381 Been peppering my neighborhood with flyers. 188 00:09:20,405 --> 00:09:22,383 Mixed martial arts is the future, huh? 189 00:09:22,407 --> 00:09:24,135 Yeah, maybe this is where our killer 190 00:09:24,159 --> 00:09:26,554 learned to strangle people. - 'Sup? How you doing? 191 00:09:26,578 --> 00:09:28,181 Uh, yeah, we'd like to talk to the owner. 192 00:09:28,205 --> 00:09:29,557 Is he here? - Dom? 193 00:09:29,581 --> 00:09:31,225 Um, you just missed him. 194 00:09:31,249 --> 00:09:33,561 He left, like, two minutes ago. - Is that him? 195 00:09:36,505 --> 00:09:38,066 Yep. 196 00:09:38,090 --> 00:09:39,442 I see it. 197 00:09:39,466 --> 00:09:41,361 You know when he's gonna be back? 198 00:09:41,385 --> 00:09:43,071 He was getting a cab to the airport. 199 00:09:43,095 --> 00:09:44,739 Did he say where he was going? 200 00:09:44,763 --> 00:09:47,575 I want to say Toronto. 201 00:09:47,599 --> 00:09:49,202 Which way did he go? 202 00:09:56,274 --> 00:09:57,919 Vince. 203 00:10:13,041 --> 00:10:14,352 Hey! 204 00:10:14,376 --> 00:10:18,731 Hey, NYPD. Mr. Kovac, NYPD. 205 00:10:18,755 --> 00:10:20,716 - Hey. - Hey! 206 00:10:24,177 --> 00:10:25,655 - Do not move! - NYPD! 207 00:10:25,679 --> 00:10:28,116 - Do you hear me? Do not move! - NYPD! 208 00:10:28,140 --> 00:10:30,034 I didn't know you guys were cops. 209 00:10:30,058 --> 00:10:31,744 Yeah, you just treat everybody that way? 210 00:10:31,768 --> 00:10:34,455 - Treat Ellis Joyner that way? - I don't know who that is. 211 00:10:34,479 --> 00:10:36,249 He was choked to death two nights ago in the subway. 212 00:10:36,273 --> 00:10:38,001 That ringing a bell? 213 00:10:38,025 --> 00:10:39,877 Okay, tough guy, you're coming with us. 214 00:10:39,901 --> 00:10:42,029 Get up. 215 00:10:43,697 --> 00:10:46,301 I've never seen this guy before in my life. 216 00:10:46,325 --> 00:10:47,802 You know, Domhnall, we are aware 217 00:10:47,826 --> 00:10:50,972 of your four previous convictions for assault, 218 00:10:50,996 --> 00:10:54,309 all against Black victims, two charged as hate crimes. 219 00:10:54,333 --> 00:10:56,978 Clocked that tattoo on you 220 00:10:57,002 --> 00:10:58,688 the combat boots with the "88." 221 00:10:58,712 --> 00:11:00,690 That's a white nationalist symbol. 222 00:11:00,714 --> 00:11:01,733 So what happened? 223 00:11:01,757 --> 00:11:03,568 You see a Black guy on the train, 224 00:11:03,592 --> 00:11:05,260 decided to take him out? 225 00:11:06,678 --> 00:11:08,489 I didn't do anything to anyone. 226 00:11:08,513 --> 00:11:10,450 Hey. 227 00:11:10,474 --> 00:11:12,452 I'm the one talking to you. 228 00:11:12,476 --> 00:11:13,703 Fine. 229 00:11:13,727 --> 00:11:15,121 I'll tell you, then. 230 00:11:15,145 --> 00:11:16,914 I had nothing to do with what happened to that guy. 231 00:11:16,938 --> 00:11:19,876 Where were you around midnight night before last? 232 00:11:19,900 --> 00:11:23,087 - Chelsea, working out. - You work out at that hour? 233 00:11:23,111 --> 00:11:25,089 I run an intensive training program 234 00:11:25,113 --> 00:11:26,841 for some guys at the gym. 235 00:11:26,865 --> 00:11:28,676 I call it the Combat Academy. 236 00:11:28,700 --> 00:11:30,845 I base it on the Navy SEALs training course. 237 00:11:30,869 --> 00:11:33,348 So, once a week, we do a late-night endurance run. 238 00:11:33,372 --> 00:11:35,016 And when did this endurance run end? 239 00:11:35,040 --> 00:11:36,517 Around midnight. 240 00:11:36,541 --> 00:11:38,853 Okay, so you go on your little fun run. 241 00:11:38,877 --> 00:11:41,397 Then you get on the subway, and you kill Ellis Joyner. 242 00:11:41,421 --> 00:11:43,191 I was never on the subway. 243 00:11:43,215 --> 00:11:45,109 We have you on video. 244 00:11:45,133 --> 00:11:48,571 You can make out this sweatshirt 245 00:11:48,595 --> 00:11:50,865 and those sneakers clear as day. 246 00:11:50,889 --> 00:11:53,159 These are part of the Combat Academy uniform. 247 00:11:53,183 --> 00:11:54,643 Every member has them. 248 00:11:56,728 --> 00:11:58,623 Look, fellas, I'm trying to tell you 249 00:11:58,647 --> 00:12:01,334 after the run was over, I went to my girlfriend's apartment. 250 00:12:01,358 --> 00:12:03,378 She lives a few blocks away. 251 00:12:03,402 --> 00:12:06,255 You can check with her doorman. 252 00:12:06,279 --> 00:12:08,675 All right, and would you be willing to submit 253 00:12:08,699 --> 00:12:10,969 to a DNA swab? 254 00:12:10,993 --> 00:12:12,095 Fine. 255 00:12:12,119 --> 00:12:13,388 We're also gonna need the names 256 00:12:13,412 --> 00:12:16,391 of every member of your Combat Academy 257 00:12:16,415 --> 00:12:17,809 that was there that night. 258 00:12:26,883 --> 00:12:28,683 All right. See you guys. 259 00:12:29,761 --> 00:12:32,615 - Brandon Arnou? - Yes? 260 00:12:32,639 --> 00:12:35,326 NYPD, we need to talk to you for a minute. 261 00:12:35,350 --> 00:12:37,578 Uh, yeah, of course. Is something wrong? 262 00:12:37,602 --> 00:12:40,248 - We're investigating a murder. - A murder? 263 00:12:40,272 --> 00:12:41,708 Are you a member 264 00:12:41,732 --> 00:12:43,084 of Domhnall Kovac's Combat Academy? 265 00:12:43,108 --> 00:12:45,545 Uh, yes. Why? 266 00:12:45,569 --> 00:12:47,213 Did you attend his midnight training session 267 00:12:47,237 --> 00:12:48,256 three nights ago? 268 00:12:48,280 --> 00:12:50,925 Um, I-I did. 269 00:12:50,949 --> 00:12:52,510 I did, yeah. 270 00:12:52,534 --> 00:12:54,429 Yeah, I'm trying to get back into shape. 271 00:12:54,453 --> 00:12:56,180 My wife left me last year, and I... 272 00:12:56,204 --> 00:12:58,850 You... you don't need to know all that. 273 00:12:58,874 --> 00:13:01,436 You ride the subway home after that? 274 00:13:01,460 --> 00:13:03,271 Uh, no. 275 00:13:03,295 --> 00:13:04,814 - Really? - Mm-mm. 276 00:13:04,838 --> 00:13:06,441 'Cause we noticed that your apartment's a straight shot 277 00:13:06,465 --> 00:13:08,234 on the C train from Chelsea. 278 00:13:08,258 --> 00:13:10,445 Yeah, well, I-I-I ran home, 279 00:13:10,469 --> 00:13:13,114 trying to push myself, you know? 280 00:13:13,138 --> 00:13:14,616 How did you get that lip? 281 00:13:14,640 --> 00:13:16,659 Oh, uh, grappling training. 282 00:13:16,683 --> 00:13:18,077 Took an elbow to the face. 283 00:13:18,101 --> 00:13:20,872 Would you be willing to submit to a DNA swab, 284 00:13:20,896 --> 00:13:23,958 just to eliminate you as a suspect? 285 00:13:23,982 --> 00:13:26,085 Uh... 286 00:13:27,819 --> 00:13:31,674 Look, it was an accident. - What was an accident? 287 00:13:31,698 --> 00:13:33,760 That man was attacking a woman on the subway. 288 00:13:33,784 --> 00:13:35,678 I-I was just trying to protect her. 289 00:13:35,702 --> 00:13:38,806 I know I should have told someone, but I panicked. 290 00:13:38,830 --> 00:13:41,893 Are you admitting to killing Ellis Joyner? 291 00:13:44,378 --> 00:13:46,439 Look, I didn't mean to. 292 00:13:46,463 --> 00:13:48,107 - Okay. - I-I was just trying to help. 293 00:13:48,131 --> 00:13:50,151 Hands behind your back. 294 00:13:50,175 --> 00:13:52,111 We're gonna walk out of here nice and slow. 295 00:13:52,135 --> 00:13:53,595 Here we go. 296 00:13:55,389 --> 00:13:57,408 Detectives, what is the holdup here? 297 00:13:57,432 --> 00:14:00,536 My client has explained to you what happened several times. 298 00:14:00,560 --> 00:14:03,206 Yeah, we really appreciate your cooperation, too. 299 00:14:03,230 --> 00:14:05,124 He has nothing to hide. 300 00:14:05,148 --> 00:14:08,336 Arnou, so that woman that you say Ellis Joyner attacked, 301 00:14:08,360 --> 00:14:10,380 the one you claim to have rescued, 302 00:14:10,404 --> 00:14:12,215 she was dressed like a dancer, yeah? 303 00:14:12,239 --> 00:14:13,675 Yeah, she was wearing tights, 304 00:14:13,699 --> 00:14:17,553 and her hair was in a, uh, ball, you know? 305 00:14:17,577 --> 00:14:19,389 Thing is, we checked the surveillance footage 306 00:14:19,413 --> 00:14:20,765 from the train platforms, 307 00:14:20,789 --> 00:14:22,725 and we didn't find anybody meeting that description. 308 00:14:22,749 --> 00:14:24,477 I'm telling you, she was there. 309 00:14:24,501 --> 00:14:27,146 Were the cameras working at every station? 310 00:14:27,170 --> 00:14:30,066 We also executed a search warrant in your home. 311 00:14:30,090 --> 00:14:31,401 Didn't find anything. 312 00:14:31,425 --> 00:14:34,320 Yeah, well, of course not. What would you find? 313 00:14:34,344 --> 00:14:36,447 Mm. Yeah, but, see, then we got a search warrant 314 00:14:36,471 --> 00:14:37,907 for your gym locker. 315 00:14:37,931 --> 00:14:40,159 That's where we found something really interesting. 316 00:14:40,183 --> 00:14:43,830 Ellis Joyner's cell phone, but you knew that 317 00:14:43,854 --> 00:14:46,374 because you stole it from him right after you killed him, 318 00:14:46,398 --> 00:14:47,542 and we know why. 319 00:14:47,566 --> 00:14:48,876 Because right after you attacked him, 320 00:14:48,900 --> 00:14:50,670 he started recording you, didn't he? 321 00:14:50,694 --> 00:14:52,630 And, see, what you don't know about Black people is, 322 00:14:52,654 --> 00:14:54,924 we can never be too careful 'cause we don't know 323 00:14:54,948 --> 00:14:57,385 who's gonna try to paint us out to be the bad guy. 324 00:14:57,409 --> 00:14:59,345 So we watched that video, 325 00:14:59,369 --> 00:15:01,306 and we listened to it, and we did not see any woman. 326 00:15:01,330 --> 00:15:03,016 But what we did see is that... 327 00:15:03,040 --> 00:15:06,394 Don't say another word. 328 00:15:06,418 --> 00:15:07,937 This interview's over. 329 00:15:12,090 --> 00:15:14,319 What do you think? 330 00:15:14,343 --> 00:15:16,321 It's a tough call. 331 00:15:16,345 --> 00:15:17,739 He admits to killing Joyner, 332 00:15:17,763 --> 00:15:20,742 but I'm not sure we have enough to charge. 333 00:15:20,766 --> 00:15:23,244 So we have two choices. 334 00:15:23,268 --> 00:15:26,623 We can either cut him loose, or we can arrest him. 335 00:15:32,694 --> 00:15:34,088 Arrest him. 336 00:15:39,951 --> 00:15:41,763 Brandon Arnou's really captured 337 00:15:41,787 --> 00:15:43,890 the public's attention. - Sure has. 338 00:15:43,914 --> 00:15:45,808 Half the city buys Arnou's story 339 00:15:45,832 --> 00:15:47,644 that he killed Joyner in self-defense, 340 00:15:47,668 --> 00:15:50,396 and the other half sees white man 341 00:15:50,420 --> 00:15:52,106 killing an unarmed Black man. 342 00:15:52,130 --> 00:15:55,485 It's a litmus test for what people think 343 00:15:55,509 --> 00:15:56,819 or what they want to believe. 344 00:15:56,843 --> 00:15:58,947 Well, here's what I believe. 345 00:15:58,971 --> 00:16:01,574 Arnou held Joyner in a choke hold 346 00:16:01,598 --> 00:16:03,952 for a long time after he was unconscious. 347 00:16:03,976 --> 00:16:06,120 Even if he was acting in self-defense 348 00:16:06,144 --> 00:16:07,455 at the start of all this, 349 00:16:07,479 --> 00:16:09,207 it eventually turned into a homicide. 350 00:16:09,231 --> 00:16:10,625 And we have video that supports that? 351 00:16:10,649 --> 00:16:11,918 Uh, sort of. 352 00:16:11,942 --> 00:16:13,586 Seconds after Joyner pulled out his phone 353 00:16:13,610 --> 00:16:14,629 to record the incident, 354 00:16:14,653 --> 00:16:16,714 Arnou knocked it out of his hands. 355 00:16:16,738 --> 00:16:19,467 Then the phone landed on the ground lens down. 356 00:16:19,491 --> 00:16:20,677 Visually, it's just black. 357 00:16:20,701 --> 00:16:22,720 But it kept recording, so there's audio. 358 00:16:22,744 --> 00:16:25,515 You can hear Arnou get Joyner into the choke hold. 359 00:16:25,539 --> 00:16:27,809 Joyner repeatedly says he can't breathe. 360 00:16:27,833 --> 00:16:30,019 And after that, the tape goes silent. 361 00:16:30,043 --> 00:16:32,146 - Because Joyner passed out. - That's what it seems like. 362 00:16:32,170 --> 00:16:33,231 After he goes quiet, 363 00:16:33,255 --> 00:16:35,483 there's three minutes of total silence 364 00:16:35,507 --> 00:16:36,693 before Arnou gets off him. 365 00:16:36,717 --> 00:16:38,236 You're saying that he kept Joyner 366 00:16:38,260 --> 00:16:39,946 in a choke hold for three full minutes 367 00:16:39,970 --> 00:16:41,531 after he seemed to have passed out? 368 00:16:41,555 --> 00:16:43,116 Mm-hmm, and Arnou picks up the phone, 369 00:16:43,140 --> 00:16:45,076 realizes it's been recording, and then stops it. 370 00:16:45,100 --> 00:16:48,079 But the phone must've locked. - Which is why Arnou took it. 371 00:16:48,103 --> 00:16:49,789 He realized it would upload to the cloud, 372 00:16:49,813 --> 00:16:50,915 so he wanted to delete it. 373 00:16:50,939 --> 00:16:52,959 Search history on Arnou's laptop 374 00:16:52,983 --> 00:16:55,044 shows that he was trying to figure out 375 00:16:55,068 --> 00:16:56,754 how to access a phone without a passcode. 376 00:16:56,778 --> 00:16:58,756 Obviously knew the video was damning. 377 00:16:58,780 --> 00:17:00,842 So what's the next move? What are you thinking? 378 00:17:00,866 --> 00:17:03,970 We have a solid case for manslaughter. 379 00:17:03,994 --> 00:17:05,722 Whether you believe Arnou's account or not, 380 00:17:05,746 --> 00:17:08,349 there... there's no question he used excessive force. 381 00:17:08,373 --> 00:17:09,600 Manslaughter? 382 00:17:09,624 --> 00:17:11,311 You just told me he choked him out 383 00:17:11,335 --> 00:17:13,354 for three minutes after he was already unconscious. 384 00:17:13,378 --> 00:17:16,983 Correct, but Arnou claims he was trying to help someone. 385 00:17:17,007 --> 00:17:18,693 He was trying to protect a young woman. 386 00:17:18,717 --> 00:17:21,654 That woman we haven't been able to identify. 387 00:17:21,678 --> 00:17:23,698 This isn't manslaughter, Nolan. 388 00:17:23,722 --> 00:17:25,908 This is depraved indifference to human life. 389 00:17:25,932 --> 00:17:27,368 You want to charge him with murder? 390 00:17:27,392 --> 00:17:30,246 Absolutely. We need to make a statement. 391 00:17:30,270 --> 00:17:32,081 The facts are tricky. 392 00:17:32,105 --> 00:17:34,208 Arnou claims he was trying to save a woman's life, 393 00:17:34,232 --> 00:17:36,628 not to mention he has no history of violence. 394 00:17:36,652 --> 00:17:37,879 I understand. 395 00:17:37,903 --> 00:17:41,466 But this is George Floyd all over again. 396 00:17:41,490 --> 00:17:43,384 And I'm sure as hell not gonna end up 397 00:17:43,408 --> 00:17:44,719 on the wrong side of it. 398 00:17:44,743 --> 00:17:46,536 Charge him with murder two. 399 00:18:00,008 --> 00:18:03,321 {\i1}I can't breathe.{\i} 400 00:18:03,345 --> 00:18:05,764 {\i1}I can't breathe.{\i} 401 00:18:21,655 --> 00:18:23,115 {\i1}Oh, my God.{\i} 402 00:18:26,994 --> 00:18:30,390 Dr. Infante, could you explain what we just heard? 403 00:18:30,414 --> 00:18:32,475 Once the air supply has been cut off, 404 00:18:32,499 --> 00:18:35,603 it takes about five minutes for brain death to occur 405 00:18:35,627 --> 00:18:37,522 half that time for an asthmatic. 406 00:18:37,546 --> 00:18:40,650 The body goes through severe seizure-like activity 407 00:18:40,674 --> 00:18:42,360 with convulsions. 408 00:18:42,384 --> 00:18:45,321 And once enough pressure was applied to the carotid artery, 409 00:18:45,345 --> 00:18:47,448 the victim would have lost consciousness. 410 00:18:47,472 --> 00:18:49,701 Which accounts for the last three minutes 411 00:18:49,725 --> 00:18:51,119 when there were no sounds of a struggle? 412 00:18:51,143 --> 00:18:52,245 Yes. 413 00:18:52,269 --> 00:18:54,539 Meaning after those first few minutes, 414 00:18:54,563 --> 00:18:56,040 Ellis Joyner no longer posed 415 00:18:56,064 --> 00:18:57,792 a lethal threat to the defendant? 416 00:18:57,816 --> 00:18:59,836 In my professional opinion, no. 417 00:18:59,860 --> 00:19:03,506 And... and yet, for three full minutes, 418 00:19:03,530 --> 00:19:07,427 the defendant just continued to choke him. 419 00:19:07,451 --> 00:19:11,347 Thank you, Doctor. No further questions. 420 00:19:14,207 --> 00:19:16,394 Dr. Infante, isn't it true 421 00:19:16,418 --> 00:19:18,688 that the surge of adrenaline caused 422 00:19:18,712 --> 00:19:21,190 by a life-or-death confrontation 423 00:19:21,214 --> 00:19:24,235 can distort not only one's sense of time 424 00:19:24,259 --> 00:19:27,614 but also an awareness of one's surroundings? 425 00:19:27,638 --> 00:19:29,991 It's possible. 426 00:19:30,015 --> 00:19:32,410 Would you characterize such a response as reasonable? 427 00:19:32,434 --> 00:19:35,622 I would say it's not uncommon. 428 00:19:35,646 --> 00:19:39,459 So you're saying it is both possible and reasonable 429 00:19:39,483 --> 00:19:43,254 that in the confusion and panic of the moment, 430 00:19:43,278 --> 00:19:46,007 Brandon Arnou did not realize 431 00:19:46,031 --> 00:19:49,093 that the man he believed was trying to kill him 432 00:19:49,117 --> 00:19:51,554 had lost consciousness? 433 00:19:51,578 --> 00:19:52,847 Yes. 434 00:19:52,871 --> 00:19:55,999 Thank you. Nothing further. 435 00:19:59,336 --> 00:20:01,481 How long had you and Ellis Joyner 436 00:20:01,505 --> 00:20:03,524 been seeing each other? 437 00:20:03,548 --> 00:20:05,276 About six months. 438 00:20:05,300 --> 00:20:08,821 It wasn't a storybook romance, but 439 00:20:08,845 --> 00:20:10,823 it was the best six months of my life. 440 00:20:10,847 --> 00:20:13,284 You were on the train that night with Ellis, correct? 441 00:20:13,308 --> 00:20:16,829 Yes, I got off at 50th Street to go home. 442 00:20:16,853 --> 00:20:18,790 Did you interact with the defendant at all 443 00:20:18,814 --> 00:20:20,166 while you were on the train? 444 00:20:20,190 --> 00:20:23,795 Yes, I caught him staring at us a couple of times. 445 00:20:23,819 --> 00:20:25,713 It was weird. 446 00:20:25,737 --> 00:20:28,633 And when I got up to get off, he 447 00:20:28,657 --> 00:20:29,842 stepped in my way. 448 00:20:29,866 --> 00:20:31,469 Intentionally? 449 00:20:31,493 --> 00:20:33,805 Yeah, aggressively. 450 00:20:33,829 --> 00:20:36,641 When I accidentally bumped into him, 451 00:20:36,665 --> 00:20:40,144 he said, "Watch yourself," with this tone. 452 00:20:40,168 --> 00:20:42,897 - What kind of tone? - A racist tone. 453 00:20:42,921 --> 00:20:45,900 Like, he might as well have said, "Watch yourself, boy." 454 00:20:45,924 --> 00:20:48,403 Objection, Your Honor, calls for speculation. 455 00:20:48,427 --> 00:20:51,364 The witness can't testify to things my client didn't say. 456 00:20:51,388 --> 00:20:52,532 Sustained. 457 00:20:52,556 --> 00:20:54,659 The jury will disregard. 458 00:20:54,683 --> 00:20:56,435 No further questions. 459 00:20:59,730 --> 00:21:03,167 You claim that Mr. Arnou was aggressive 460 00:21:03,191 --> 00:21:05,253 towards you, confrontational. 461 00:21:05,277 --> 00:21:06,754 He was. 462 00:21:06,778 --> 00:21:11,426 But Mr. Arnou has no history of violent behavior, none. 463 00:21:11,450 --> 00:21:12,760 So? 464 00:21:12,784 --> 00:21:15,513 But you do, right? 465 00:21:15,537 --> 00:21:17,849 You were charged with aggravated assault. 466 00:21:17,873 --> 00:21:19,642 Yeah, but that has nothing to do 467 00:21:19,666 --> 00:21:21,352 with what happened that night. 468 00:21:21,376 --> 00:21:24,230 He was the aggressor. - I see. 469 00:21:24,254 --> 00:21:28,526 And to be clear, you were not a witness to the altercation 470 00:21:28,550 --> 00:21:31,863 between Ellis Joyner and Mr. Arnou? 471 00:21:31,887 --> 00:21:33,906 - Correct. - So you have no idea 472 00:21:33,930 --> 00:21:36,034 if Joyner attacked that woman or not, 473 00:21:36,058 --> 00:21:38,870 and you have no idea if Mr. Arnou was, 474 00:21:38,894 --> 00:21:41,414 in fact, trying to help her. 475 00:21:41,438 --> 00:21:45,710 I wasn't there, but I know he didn't attack that woman. 476 00:21:45,734 --> 00:21:49,446 But you weren't there. 477 00:21:50,781 --> 00:21:52,675 No further questions. 478 00:21:52,699 --> 00:21:55,219 The witness may step down. 479 00:21:55,243 --> 00:21:57,221 Call your next witness, Mr. Price. 480 00:21:57,245 --> 00:21:59,015 The prosecution rests. 481 00:21:59,039 --> 00:22:01,392 Mr. Kagan, you're up. 482 00:22:01,416 --> 00:22:05,313 The defense calls Rebecca Lasky. 483 00:22:05,337 --> 00:22:07,231 Objection, Your Honor, unfair surprise. 484 00:22:07,255 --> 00:22:08,733 This is the first we are hearing 485 00:22:08,757 --> 00:22:10,234 of any witness by that name. 486 00:22:10,258 --> 00:22:12,987 That's because this witness only just came forward. 487 00:22:17,683 --> 00:22:23,039 Ms. Lasky, were you on the C subway train 488 00:22:23,063 --> 00:22:26,584 the night Ellis Joyner was killed? 489 00:22:26,608 --> 00:22:28,920 Yes, I was there. 490 00:22:28,944 --> 00:22:31,881 Did you witness the altercation? 491 00:22:31,905 --> 00:22:34,258 Yes, I did. 492 00:22:34,282 --> 00:22:36,535 Can you tell us what happened? 493 00:22:38,412 --> 00:22:41,057 I entered the subway car 494 00:22:41,081 --> 00:22:44,602 and accidentally bumped into Mr. Joyner, 495 00:22:44,626 --> 00:22:46,145 and 496 00:22:46,169 --> 00:22:49,565 he appeared to be mentally disturbed in some way. 497 00:22:49,589 --> 00:22:54,112 He kept making these aggressive grunting noises. 498 00:22:54,136 --> 00:22:56,281 And then he lunged at me. 499 00:22:56,305 --> 00:22:58,408 And then what happened? 500 00:22:58,432 --> 00:23:02,620 He reached into his pocket. 501 00:23:02,644 --> 00:23:07,208 I was scared he had a knife or something, so I screamed. 502 00:23:07,232 --> 00:23:10,795 I screamed for help, 503 00:23:10,819 --> 00:23:13,089 and that man saved me. 504 00:23:13,113 --> 00:23:15,967 My client, Mr. Arnou? 505 00:23:15,991 --> 00:23:18,845 Yes, he grabbed Mr. Joyner, 506 00:23:18,869 --> 00:23:22,765 and he pulled him away from me. 507 00:23:22,789 --> 00:23:27,061 And then Joyner attacked him, and they started fighting. 508 00:23:27,085 --> 00:23:29,272 I was terrified. 509 00:23:29,296 --> 00:23:31,798 If he hadn't been there... 510 00:23:33,717 --> 00:23:35,612 That man is a hero. 511 00:23:50,984 --> 00:23:51,984 Yep. 512 00:23:52,861 --> 00:23:55,757 Turns out there really was a female witness. 513 00:23:55,781 --> 00:23:58,426 - So I've heard. - She was credible, too. 514 00:23:58,450 --> 00:24:00,845 Her testimony was compelling. 515 00:24:00,869 --> 00:24:02,597 Meaning what? 516 00:24:02,621 --> 00:24:04,390 We should offer a manslaughter plea. 517 00:24:04,414 --> 00:24:06,351 I'd be surprised if they accepted it, 518 00:24:06,375 --> 00:24:07,727 but it's worth a shot. 519 00:24:07,751 --> 00:24:10,563 But the audio-video clip hasn't changed, correct? 520 00:24:10,587 --> 00:24:12,440 - Excuse me? - The clip where we hear 521 00:24:12,464 --> 00:24:14,817 Mr. Joyner begging for his life, 522 00:24:14,841 --> 00:24:18,154 where we hear Mr. Arnou choking out 523 00:24:18,178 --> 00:24:20,782 an unconscious man for a full three minutes. 524 00:24:20,806 --> 00:24:23,284 That is correct. That clip still exists. 525 00:24:23,308 --> 00:24:25,453 But there is now more context for it 526 00:24:25,477 --> 00:24:27,372 context that is not in our favor. 527 00:24:27,396 --> 00:24:29,624 But just because a white woman saw Joyner 528 00:24:29,648 --> 00:24:31,960 as a threat doesn't make it true. 529 00:24:31,984 --> 00:24:34,837 Like I said, her testimony was credible. 530 00:24:34,861 --> 00:24:37,632 The jury seemed to respond quite favorably. 531 00:24:37,656 --> 00:24:39,300 But the witness wasn't actually there 532 00:24:39,324 --> 00:24:40,510 when the murder took place. 533 00:24:40,534 --> 00:24:42,679 She left before the fight ended, right? 534 00:24:42,703 --> 00:24:44,639 That's why she didn't show up in the video. 535 00:24:44,663 --> 00:24:47,958 - Mm-hmm. - So make that clear, Nolan. 536 00:24:50,002 --> 00:24:52,689 Remind them that Ms. Lasky wasn't present 537 00:24:52,713 --> 00:24:55,799 when the defendant choked the life out of Mr. Joyner. 538 00:25:01,388 --> 00:25:05,702 {\an8}Ms. Lasky, you weren't actually present 539 00:25:05,726 --> 00:25:09,747 {\an8}when the defendant strangled Ellis Joyner to death, correct? 540 00:25:09,771 --> 00:25:12,917 No, the train stopped while they were still fighting, 541 00:25:12,941 --> 00:25:15,545 and I got off. 542 00:25:15,569 --> 00:25:17,797 But I saw the start of the fight. 543 00:25:17,821 --> 00:25:21,050 I saw Mr. Arnou grab Joyner by the arm 544 00:25:21,074 --> 00:25:23,428 and pull him away from me. 545 00:25:23,452 --> 00:25:27,348 And then I saw Joyner elbow him in the face. 546 00:25:27,372 --> 00:25:31,102 Right, because Mr. Joyner was terrified. 547 00:25:31,126 --> 00:25:34,147 From his perspective, he was the one fighting for his life. 548 00:25:34,171 --> 00:25:36,649 I don't know. 549 00:25:36,673 --> 00:25:39,819 It all happened really fast. 550 00:25:39,843 --> 00:25:42,905 And they were yelling at each other. 551 00:25:42,929 --> 00:25:47,201 And Mr. Arnou kept yelling at him to stop, to surrender, 552 00:25:47,225 --> 00:25:48,953 and that he was bleeding, 553 00:25:48,977 --> 00:25:51,789 and he was dirty, 554 00:25:51,813 --> 00:25:55,251 or fighting dirty. 555 00:25:55,275 --> 00:25:59,172 I don't really remember the exact words. 556 00:25:59,196 --> 00:26:01,007 But Joyner didn't listen. 557 00:26:01,031 --> 00:26:03,926 He reached into his pocket. 558 00:26:03,950 --> 00:26:07,096 It looked like he was trying to grab a knife. 559 00:26:07,120 --> 00:26:09,098 So Mr. Arnou tackled him, 560 00:26:09,122 --> 00:26:12,060 and they started wrestling. 561 00:26:12,084 --> 00:26:14,854 That's when the train stopped, and I got off. 562 00:26:14,878 --> 00:26:16,606 Just got off? 563 00:26:16,630 --> 00:26:19,025 You didn't tell anyone what was happening? 564 00:26:19,049 --> 00:26:20,735 I wasn't thinking straight. 565 00:26:20,759 --> 00:26:23,446 Everything was happening at once. 566 00:26:23,470 --> 00:26:26,491 When the doors opened, I ran out to look 567 00:26:26,515 --> 00:26:29,327 for someone to tell, like a cop or something. 568 00:26:29,351 --> 00:26:32,080 But the subway station was empty. 569 00:26:32,104 --> 00:26:34,374 Then the doors closed, and the train took off. 570 00:26:34,398 --> 00:26:38,795 So that means you weren't there during the three minutes 571 00:26:38,819 --> 00:26:40,713 that Ellis Joyner was unconscious 572 00:26:40,737 --> 00:26:42,256 and the defendant continued 573 00:26:42,280 --> 00:26:44,759 to choke the life out of his body? 574 00:26:44,783 --> 00:26:48,721 No, but, like I said, I thought he had a knife. 575 00:26:48,745 --> 00:26:50,765 I'm sure Mr. Arnou did, too. 576 00:26:50,789 --> 00:26:54,268 Did you actually see a knife? 577 00:26:54,292 --> 00:26:55,436 No, but... 578 00:26:55,460 --> 00:26:58,839 Did you see a weapon of any kind? 579 00:27:00,674 --> 00:27:03,319 - No. - And you had no idea 580 00:27:03,343 --> 00:27:07,407 that Ellis Joyner was severely asthmatic? 581 00:27:07,431 --> 00:27:08,908 I didn't at the time. 582 00:27:08,932 --> 00:27:11,619 Mr. Joyner had been in an altercation 583 00:27:11,643 --> 00:27:13,204 with a fellow comic that night, 584 00:27:13,228 --> 00:27:16,958 then a fraught, verbal argument with his boyfriend. 585 00:27:16,982 --> 00:27:21,045 High-stress situations can trigger an asthma attack. 586 00:27:21,069 --> 00:27:24,799 Ellis Joyner was having an asthma attack. 587 00:27:24,823 --> 00:27:28,803 He wasn't acting aggressively, nor was he mentally ill. 588 00:27:28,827 --> 00:27:31,806 He was simply having an asthma attack, 589 00:27:31,830 --> 00:27:34,809 and you misinterpreted his behavior. 590 00:27:34,833 --> 00:27:38,604 You saw a scary Black man making a noise... 591 00:27:38,628 --> 00:27:40,315 - Objection. - Sustained. 592 00:27:48,847 --> 00:27:51,159 Mr. Joyner's behavior that night was consistent 593 00:27:51,183 --> 00:27:54,728 with someone suffering from an asthma attack, correct? 594 00:27:56,355 --> 00:28:00,460 Yes, I suppose. 595 00:28:00,484 --> 00:28:05,256 And if that's what it was... 596 00:28:05,280 --> 00:28:07,925 I feel terrible. 597 00:28:07,949 --> 00:28:09,636 Then 598 00:28:09,660 --> 00:28:14,182 this whole thing i-is 599 00:28:14,206 --> 00:28:17,935 it's all my fault. 600 00:28:17,959 --> 00:28:19,646 But either way, 601 00:28:19,670 --> 00:28:22,440 Mr. Arnou came to my defense. 602 00:28:24,508 --> 00:28:28,279 He tried to help me, 603 00:28:28,303 --> 00:28:30,531 and he shouldn't be held responsible. 604 00:28:37,521 --> 00:28:40,833 She made a strong case that Arnou is not the one to blame. 605 00:28:40,857 --> 00:28:42,168 Yeah. 606 00:28:42,192 --> 00:28:44,379 What do you think about what Lasky said in there, 607 00:28:44,403 --> 00:28:46,506 that, uh, bit about Arnou saying something 608 00:28:46,530 --> 00:28:47,924 about blood and dirt? 609 00:28:47,948 --> 00:28:50,176 Oh, I-I don't know what to make of it. Why? 610 00:28:50,200 --> 00:28:52,220 Do you think it's possible he was saying something 611 00:28:52,244 --> 00:28:55,056 about "blood and soil"? 612 00:28:55,080 --> 00:28:57,809 - That's a Nazi slogan. - Exactly. 613 00:28:57,833 --> 00:29:00,478 It's the new battle cry of white nationalist groups. 614 00:29:00,502 --> 00:29:02,814 You think Arnou is a white supremacist? 615 00:29:02,838 --> 00:29:04,107 Yeah, I-I don't know. 616 00:29:04,131 --> 00:29:05,984 I'm... I'm just trying to understand 617 00:29:06,008 --> 00:29:07,902 why he was saying "blood and dirt." 618 00:29:07,926 --> 00:29:10,655 We interviewed his neighbors, his coworkers. 619 00:29:10,679 --> 00:29:12,448 None of them reported anything that would suggest... 620 00:29:12,472 --> 00:29:16,995 What about where he trains, the, uh, Kovac Academy? 621 00:29:17,019 --> 00:29:17,996 What about it? 622 00:29:18,020 --> 00:29:19,831 Detectives interviewed the owner. 623 00:29:19,855 --> 00:29:22,566 He has ties to a few white nationalist organizations. 624 00:29:24,609 --> 00:29:25,861 Check it out. 625 00:29:28,739 --> 00:29:32,093 I already told you. I don't know Arnou too well. 626 00:29:32,117 --> 00:29:35,221 I just have a few questions. It won't take long, promise. 627 00:29:35,245 --> 00:29:38,474 Fine, what do you want to know? 628 00:29:38,498 --> 00:29:40,435 Have you ever heard him say something 629 00:29:40,459 --> 00:29:43,938 that might be interpreted as racist? 630 00:29:43,962 --> 00:29:46,149 I'm sorry, but I can't help you. 631 00:29:46,173 --> 00:29:49,551 You can't, or you don't want to? 632 00:29:51,511 --> 00:29:54,824 I'm closing up, so... 633 00:29:54,848 --> 00:29:58,453 You're aware that Arnou is on trial for murder? 634 00:29:58,477 --> 00:30:00,288 I am. 635 00:30:10,447 --> 00:30:12,300 Hold up. 636 00:30:18,538 --> 00:30:22,018 Look, I can't get into the details, but 637 00:30:22,042 --> 00:30:26,439 let's just say you're heading down the right path. 638 00:30:26,463 --> 00:30:30,109 "Right path"? What the hell is that supposed to mean? 639 00:30:30,133 --> 00:30:32,403 Like I said, I can't help you. 640 00:30:32,427 --> 00:30:33,988 Why not? 641 00:30:34,012 --> 00:30:36,449 Because it would blow my cover. 642 00:30:39,101 --> 00:30:40,477 You're a cop? 643 00:30:50,862 --> 00:30:51,862 Nick, good to see you. 644 00:30:52,739 --> 00:30:54,092 How you doing, Robin? 645 00:30:54,116 --> 00:30:55,885 - Thanks for coming down. - Of course. 646 00:30:55,909 --> 00:30:58,096 Um, this is Carol Oberlin. 647 00:30:58,120 --> 00:31:01,766 She's our Deputy Commissioner of Counterterrorism. 648 00:31:01,790 --> 00:31:03,267 - Glad to meet you. - Likewise. 649 00:31:03,291 --> 00:31:06,396 I understand you stumbled on to our undercover operation. 650 00:31:06,420 --> 00:31:08,189 We did. 651 00:31:08,213 --> 00:31:10,733 And, fortunately, a detective of yours has information 652 00:31:10,757 --> 00:31:13,403 pertinent to a murder we're prosecuting. 653 00:31:13,427 --> 00:31:14,904 Uh, that's great. 654 00:31:14,928 --> 00:31:17,323 But, uh, let us get you up to speed 655 00:31:17,347 --> 00:31:19,450 on what it is we're actually investigating, 656 00:31:19,474 --> 00:31:20,785 give you a sense 657 00:31:20,809 --> 00:31:22,704 of the scope of what we're dealing with here. 658 00:31:22,728 --> 00:31:24,313 Please. - Okay. 659 00:31:26,064 --> 00:31:29,711 We've actually had our eye on Kovac for a while now. 660 00:31:29,735 --> 00:31:32,088 His gym is an "active club," 661 00:31:32,112 --> 00:31:33,881 part of an international network 662 00:31:33,905 --> 00:31:36,050 of white supremacist sleeper cells, 663 00:31:36,074 --> 00:31:39,012 all fronting as small MMA-style gyms. 664 00:31:39,036 --> 00:31:40,888 How big a network are we talking about? 665 00:31:40,912 --> 00:31:43,558 So far, we've identified over 30 active clubs 666 00:31:43,582 --> 00:31:45,184 across 9 different states 667 00:31:45,208 --> 00:31:47,228 and several provinces of Canada. 668 00:31:47,252 --> 00:31:48,479 So how do they work? 669 00:31:48,503 --> 00:31:50,523 The clubs operate as recruitment centers. 670 00:31:50,547 --> 00:31:53,651 They lure in young white men under the guise of getting fit, 671 00:31:53,675 --> 00:31:57,322 while indoctrinating them in racist ideology 672 00:31:57,346 --> 00:31:59,824 and training them in military combat. 673 00:31:59,848 --> 00:32:01,993 - They're building an army. - They're trying to. 674 00:32:02,017 --> 00:32:03,995 It's the new face of hate. 675 00:32:04,019 --> 00:32:06,748 No more white sheets or burning crosses. 676 00:32:06,772 --> 00:32:08,833 They've adapted and created a façade 677 00:32:08,857 --> 00:32:11,336 to mask their racist beliefs. 678 00:32:11,360 --> 00:32:13,463 But we need your undercover's testimony 679 00:32:13,487 --> 00:32:17,342 to secure a conviction against one of their members. 680 00:32:17,366 --> 00:32:20,637 Detective Fields has spent nine months 681 00:32:20,661 --> 00:32:23,139 embedding himself in this community. 682 00:32:23,163 --> 00:32:25,183 All that goes out the window if he testifies. 683 00:32:25,207 --> 00:32:28,394 I get that, but we're talking about murder here. 684 00:32:28,418 --> 00:32:31,064 We're not trying to step on your toes here, Nick, 685 00:32:31,088 --> 00:32:33,232 but we poured a lot of resources 686 00:32:33,256 --> 00:32:35,026 and manpower into this operation. 687 00:32:35,050 --> 00:32:36,861 The stakes are pretty high. 688 00:32:36,885 --> 00:32:39,656 We've recently received credible intel 689 00:32:39,680 --> 00:32:41,741 that Kovac is now stockpiling firearms 690 00:32:41,765 --> 00:32:44,786 and explosive materials. 691 00:32:44,810 --> 00:32:46,746 These men are terrorists. 692 00:32:46,770 --> 00:32:50,065 They're capable of significant violence. 693 00:32:51,900 --> 00:32:53,920 Are you asking me for a favor? 694 00:32:53,944 --> 00:32:56,422 I'm suggesting you take a big-picture view 695 00:32:56,446 --> 00:32:57,799 of the situation. 696 00:33:03,036 --> 00:33:04,889 We'd greatly appreciate it. 697 00:33:10,460 --> 00:33:13,439 - They're planning an attack? - Against who? 698 00:33:13,463 --> 00:33:15,566 It appears to be some sort of coordinated effort 699 00:33:15,590 --> 00:33:18,695 along the lines of the January 6th insurrection, 700 00:33:18,719 --> 00:33:22,448 only more violent and without advanced warning this time. 701 00:33:22,472 --> 00:33:25,285 This only underscores how dangerous Arnou is. 702 00:33:25,309 --> 00:33:27,870 Uh, the jury needs to know he's part of this organization. 703 00:33:27,894 --> 00:33:29,205 But exposing the undercover 704 00:33:29,229 --> 00:33:31,416 would blow up the whole investigation. 705 00:33:31,440 --> 00:33:33,960 He's the only asset they have on the inside. 706 00:33:33,984 --> 00:33:36,212 But Ellis Joyner was murdered 707 00:33:36,236 --> 00:33:39,382 most likely because he was Black. 708 00:33:39,406 --> 00:33:42,093 He deserves justice. - I couldn't agree more. 709 00:33:42,117 --> 00:33:44,554 All I'm saying is, we can't call the undercover 710 00:33:44,578 --> 00:33:46,330 as a witness. 711 00:33:47,789 --> 00:33:49,225 It's for the greater good. 712 00:33:49,249 --> 00:33:52,562 Oh, the greater good, right. 713 00:33:52,586 --> 00:33:55,231 Thank God for that phrase. 714 00:33:55,255 --> 00:33:57,358 Excuse me? 715 00:33:57,382 --> 00:33:58,401 Helps justify a lot 716 00:33:58,425 --> 00:34:02,780 of otherwise unjustifiable positions. 717 00:34:02,804 --> 00:34:05,283 You're a terrific prosecutor, Nolan. 718 00:34:05,307 --> 00:34:07,285 You're just gonna have to find another way 719 00:34:07,309 --> 00:34:10,187 to make clear to the jury that Arnou is racist. 720 00:34:16,443 --> 00:34:18,129 {\an8}Mr. Kovac, 721 00:34:18,153 --> 00:34:21,716 {\an8}you were Brandon Arnou's personal trainer, correct? 722 00:34:21,740 --> 00:34:23,468 Yes. 723 00:34:23,492 --> 00:34:25,219 You two spend a lot of time together? 724 00:34:25,243 --> 00:34:27,305 About five hours a week. 725 00:34:27,329 --> 00:34:29,390 Would you say you were friendly? 726 00:34:29,414 --> 00:34:31,768 Not really. We worked out together. 727 00:34:31,792 --> 00:34:34,395 - Five hours a week? - Yes. 728 00:34:34,419 --> 00:34:38,274 You and the defendant ever discuss racial ideology? 729 00:34:38,298 --> 00:34:40,276 I don't know what that means. 730 00:34:40,300 --> 00:34:43,029 Did you ever discuss racial purity, 731 00:34:43,053 --> 00:34:44,822 uh, interracial marriage, 732 00:34:44,846 --> 00:34:46,783 the role that Black people should 733 00:34:46,807 --> 00:34:49,494 or shouldn't play in society? 734 00:34:49,518 --> 00:34:51,287 I don't know what you're talking about. 735 00:34:51,311 --> 00:34:53,164 Permission to treat the witness as hostile, Your Honor? 736 00:34:53,188 --> 00:34:54,982 Permission granted. 737 00:34:56,775 --> 00:34:59,671 You have a tattoo on your arm, the number 88. 738 00:34:59,695 --> 00:35:02,131 It's a neo-Nazi symbol, isn't it? 739 00:35:02,155 --> 00:35:04,717 I don't know. I just like the number 88. 740 00:35:04,741 --> 00:35:07,261 So you don't have a problem with Black people? 741 00:35:07,285 --> 00:35:09,222 - No. - Even though you have 742 00:35:09,246 --> 00:35:12,266 four prior battery convictions, 743 00:35:12,290 --> 00:35:14,602 all for assaulting Black men, 744 00:35:14,626 --> 00:35:18,523 two that were charged as hate crimes, correct? 745 00:35:18,547 --> 00:35:19,857 It was a long time ago. 746 00:35:19,881 --> 00:35:22,151 Even though your bio 747 00:35:22,175 --> 00:35:24,362 in your various social-media accounts 748 00:35:24,386 --> 00:35:26,990 contains the phrase "blood and soil"? 749 00:35:27,014 --> 00:35:28,199 Objection, relevance. 750 00:35:28,223 --> 00:35:30,201 Rebecca Lasky testified she overheard 751 00:35:30,225 --> 00:35:33,371 the defendant utter something about blood and dirt. 752 00:35:33,395 --> 00:35:35,331 She was likely referring to the defendant's use 753 00:35:35,355 --> 00:35:37,875 of the phrase "blood and soil," a racial dog whist... 754 00:35:37,899 --> 00:35:41,713 Objection, Ms. Lasky never mentioned the word "soil." 755 00:35:41,737 --> 00:35:43,589 Her recollection was vague. 756 00:35:43,613 --> 00:35:46,009 We have a right to raise the possibility. 757 00:35:46,033 --> 00:35:48,219 I agree. Overruled. 758 00:35:48,243 --> 00:35:50,430 You may proceed, Mr. Price. 759 00:35:50,454 --> 00:35:52,682 Isn't it true that "blood and soil" 760 00:35:52,706 --> 00:35:54,183 is a Nazi reference 761 00:35:54,207 --> 00:35:57,895 to a racially uniform society? 762 00:35:57,919 --> 00:35:59,689 It means you're proud of who you are 763 00:35:59,713 --> 00:36:00,940 and where you come from. 764 00:36:00,964 --> 00:36:05,403 And for you, that means being white. 765 00:36:07,387 --> 00:36:08,406 Yes. 766 00:36:12,643 --> 00:36:15,121 You taught the defendant how to fight, correct? 767 00:36:15,145 --> 00:36:16,873 - Yes. - Teach him how to put someone 768 00:36:16,897 --> 00:36:19,125 in a choke hold? - Yes. 769 00:36:19,149 --> 00:36:21,836 Did you teach the defendant to hate Black people? 770 00:36:21,860 --> 00:36:23,087 Objection! 771 00:36:23,111 --> 00:36:25,006 Withdrawn. 772 00:36:25,030 --> 00:36:26,990 Nothing further. 773 00:36:29,493 --> 00:36:33,598 Mr. Kovac, did you ever discuss race with Mr. Arnou? 774 00:36:33,622 --> 00:36:34,682 No. 775 00:36:34,706 --> 00:36:36,768 Have you ever heard Mr. Arnou say 776 00:36:36,792 --> 00:36:38,728 "blood and soil"? - No. 777 00:36:38,752 --> 00:36:42,982 Ellis Joyner was 6'2" and weighed 210 pounds, 778 00:36:43,006 --> 00:36:46,194 50 pounds more than Mr. Arnou. 779 00:36:46,218 --> 00:36:49,530 As a self-defense expert, do you think it was reasonable 780 00:36:49,554 --> 00:36:51,074 for Mr. Arnou 781 00:36:51,098 --> 00:36:54,744 to believe Joyner posed a lethal threat? 782 00:36:54,768 --> 00:36:55,995 Absolutely. 783 00:36:56,019 --> 00:36:58,581 Thank you. 784 00:36:58,605 --> 00:37:00,124 No further questions. 785 00:37:05,320 --> 00:37:08,591 Brandon Arnou is an elementary-school teacher, 786 00:37:08,615 --> 00:37:12,428 who's never gotten so much as a speeding ticket. 787 00:37:12,452 --> 00:37:14,639 He did not wake up that morning 788 00:37:14,663 --> 00:37:17,767 thinking about taking another person's life. 789 00:37:17,791 --> 00:37:22,105 He did not get on that train looking for a fight. 790 00:37:22,129 --> 00:37:26,776 But when he saw a fellow citizen being attacked, 791 00:37:26,800 --> 00:37:29,779 he stepped up. 792 00:37:29,803 --> 00:37:31,722 He did something. 793 00:37:33,890 --> 00:37:35,827 I live in Park Slope. 794 00:37:35,851 --> 00:37:39,289 I take the subway every day to this courthouse, 795 00:37:39,313 --> 00:37:43,793 and I take it home every night. 796 00:37:43,817 --> 00:37:46,379 And I pray 797 00:37:46,403 --> 00:37:50,341 that if something were ever to happen, 798 00:37:50,365 --> 00:37:54,637 someone like Brandon Arnou 799 00:37:54,661 --> 00:37:57,247 is on that train with me. 800 00:38:01,752 --> 00:38:04,355 Rebecca Lasky heard the defendant 801 00:38:04,379 --> 00:38:07,900 screaming something about blood and dirt. 802 00:38:07,924 --> 00:38:09,819 Most likely 803 00:38:09,843 --> 00:38:12,864 what he was screaming was "blood and soil," 804 00:38:12,888 --> 00:38:16,826 as a phrase that speaks to a declaration of hatred 805 00:38:16,850 --> 00:38:20,246 for all people of color. 806 00:38:20,270 --> 00:38:23,249 Ask yourself why. 807 00:38:23,273 --> 00:38:27,170 People like Mr. Arnou keep their bigotry buttoned up. 808 00:38:27,194 --> 00:38:29,672 They only discuss it 809 00:38:29,696 --> 00:38:32,925 with people they know share their hateful worldview. 810 00:38:32,949 --> 00:38:36,220 They rely on plausible deniability, 811 00:38:36,244 --> 00:38:39,098 because if the racism isn't overt, 812 00:38:39,122 --> 00:38:42,101 many people, 813 00:38:42,125 --> 00:38:45,313 many good people are all too happy 814 00:38:45,337 --> 00:38:47,357 to assume it isn't there. 815 00:38:47,381 --> 00:38:51,486 Except that, every once in a while, 816 00:38:51,510 --> 00:38:56,324 in moments of panic or... or anger 817 00:38:56,348 --> 00:38:58,201 their mask will slip, 818 00:38:58,225 --> 00:39:01,788 and their true nature is exposed. 819 00:39:03,814 --> 00:39:08,378 Ellis Joyner was an innocent, unarmed Black man, 820 00:39:08,402 --> 00:39:10,380 suffering a medical emergency. 821 00:39:10,404 --> 00:39:12,674 And the two white people on that train with him 822 00:39:12,698 --> 00:39:17,178 assumed he was a violent threat, 823 00:39:17,202 --> 00:39:20,723 and they attacked him. 824 00:39:20,747 --> 00:39:23,393 The defendant may not have entered the fight 825 00:39:23,417 --> 00:39:24,686 with the intention to kill, 826 00:39:24,710 --> 00:39:27,689 but at some point, his focus shifted, 827 00:39:27,713 --> 00:39:30,024 and his racial hate began to manifest. 828 00:39:30,048 --> 00:39:31,609 That moment 829 00:39:31,633 --> 00:39:35,280 was when the victim, Ellis Joyner, passed out, 830 00:39:35,304 --> 00:39:37,532 when he was no longer a threat to Mr. Arnou. 831 00:39:37,556 --> 00:39:40,076 And rather than release Mr. Joyner, 832 00:39:40,100 --> 00:39:42,203 Arnou continued to choke him 833 00:39:42,227 --> 00:39:45,415 for three minutes. 834 00:39:45,439 --> 00:39:49,752 That is when his true colors emerged. 835 00:39:49,776 --> 00:39:52,088 That 836 00:39:52,112 --> 00:39:56,175 is when he murdered Ellis Joyner. 837 00:40:06,376 --> 00:40:09,188 {\an8}Mr. Foreperson, has the jury reached a verdict? 838 00:40:09,212 --> 00:40:10,881 {\an8}We have, Your Honor. 839 00:40:12,799 --> 00:40:15,445 In the charge of murder in the second degree, 840 00:40:15,469 --> 00:40:18,114 we find the defendant, Brandon Arnou, 841 00:40:18,138 --> 00:40:19,449 not guilty. 842 00:40:19,473 --> 00:40:21,200 What the... 843 00:40:21,224 --> 00:40:22,952 Yeah, baby. 844 00:40:22,976 --> 00:40:26,247 Members of the jury, we thank you for your service. 845 00:40:39,868 --> 00:40:44,098 Tough case, but you did a hell of a job. 846 00:40:44,122 --> 00:40:46,184 Thanks. 847 00:40:46,208 --> 00:40:48,645 It might have gone differently if I 848 00:40:48,669 --> 00:40:52,023 if I didn't have one hand tied behind my back. 849 00:40:52,047 --> 00:40:54,067 We did the best that we could. 850 00:40:54,091 --> 00:40:56,319 No, we could have done better. 851 00:40:56,343 --> 00:41:00,448 We just chose not to, for the greater good. 852 00:41:00,472 --> 00:41:03,117 I stand by my decision. 853 00:41:03,141 --> 00:41:05,161 Hey! There he is. 854 00:41:05,185 --> 00:41:07,330 And one day soon, 855 00:41:07,354 --> 00:41:09,832 when we take these bastards down 856 00:41:09,856 --> 00:41:13,086 and roll up their whole damn racist organization, 857 00:41:13,110 --> 00:41:16,673 you're gonna realize it was the right decision as well. 858 00:41:23,370 --> 00:41:26,015 Ellis Joyner deserved better. 859 00:41:29,918 --> 00:41:32,438 - All right, man. - All right, man, come on. 64529

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