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{\an8}{\i1} In the criminal justice system,{\i}
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{\an8}{\i1}the people are represented{\i}
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{\an8}{\i1}by two separate, yet
equally important groups:{\i}
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00:00:07,477 --> 00:00:09,205
{\an8}{\i1}The police, who
investigate crime,{\i}
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{\an8}{\i1}and the district attorneys,
who prosecute the offenders.{\i}
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{\an8}{\i1}These are their stories.{\i}
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Hey.
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Where you headed
tonight, beautiful?
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Can I come?
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Come on. Where you going?
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Come back.
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Oh, sorry, I didn't mean to...
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Station's locked down.
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MTA is rerouting trains
in both directions,
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but they're eager to
get things moving again.
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Where's that level of urgency
when there isn't a dead body
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to deal with?
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Cause of death?
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Can't say for sure.
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But given the
petechial hemorrhaging,
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my guess is asphyxia.
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So he was strangled to death.
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How long ago did this happen?
- Less than an hour.
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- Any witnesses?
- None so far.
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The MTA worker who
found the body said
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he walked the car
15 minutes before,
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but he didn't see
anything unusual.
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00:02:01,091 --> 00:02:04,404
So the call came in at 12:34,
so the murder had to happen
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00:02:04,428 --> 00:02:06,656
sometime between
12:15 and 12:30.
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We need the security
footage from every station
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the train passed through
in that window, okay?
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Okay.
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All right, young man, let's see.
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No phone.
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00:02:18,442 --> 00:02:21,945
Oh, vic's still got his wallet.
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Ellis Joyner, just turned 24.
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Yeah, I thought he
looked familiar.
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You know him?
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Not personally, he's
a stand-up comic.
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Came from down South,
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loved to talk about how
much he liked New York.
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Great place to live
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not such a great place to die.
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We found bleeding in the
anterior neck strap muscles,
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as well as fractures
in the hyoid bone
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{\an8}and thyroid cartilage horns.
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{\an8}And that means?
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{\an8}He died of cerebral ischemia
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{\an8}due to a lack of blood
flow to the brain.
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00:03:43,402 --> 00:03:45,129
{\an8}I'd say his carotid arteries
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00:03:45,153 --> 00:03:47,632
{\an8}and jugular vein were
compressed bilaterally,
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{\an8}like this.
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{\an8}So the killer had him
in a sleeper hold?
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00:03:50,867 --> 00:03:53,137
{\an8}Exactly, a carotid sleeper hold.
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{\an8}So you're saying our
vic was choked to death.
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{\an8}Yes, and it's not like
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00:03:56,623 --> 00:03:59,352
{\an8}he had an easy time
breathing on his own.
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{\an8}What do you mean?
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00:04:00,752 --> 00:04:02,480
{\an8}ME pulled Joyner's
medical records.
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00:04:02,504 --> 00:04:04,732
{\an8}Turns out he had severe asthma.
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00:04:04,756 --> 00:04:06,192
{\an8}She said his lungs
were hyperinflated,
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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.
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00:04:10,929 --> 00:04:12,699
{\an8}That would be strangulation,
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00:04:12,723 --> 00:04:14,909
{\an8}probably from a
lethal choke hold.
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00:04:14,933 --> 00:04:16,786
{\an8}What else do we
know about the vic?
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00:04:16,810 --> 00:04:18,705
{\an8}He was single, lived alone.
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{\an8}Both parents were deceased.
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00:04:21,064 --> 00:04:22,583
{\an8}His latest comedy
special on YouTube
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{\an8}had over a million views...
the guy was pretty popular.
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00:04:24,901 --> 00:04:26,796
{\an8}Yeah, well, not with everyone.
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00:04:26,820 --> 00:04:28,756
{\an8}What about his phone?
Did we ping it?
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{\an8}No signal.
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{\an8}Bright side is, the
MLI found fresh blood
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{\an8}on Joyner's jacket that
didn't match his blood type,
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{\an8}so the lab's going
through that right now.
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{\an8}All right, so where are
we with the video footage?
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{\an8}Our train passed
through 6 stations
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{\an8}within the 15-minute window.
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{\an8}Of the 6, 4 of them had
cameras that were broken.
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00:04:45,255 --> 00:04:47,400
{\an8}Footage from the 2 stations
that had working cameras
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{\an8}caught a few dozen people
getting on and off the trains.
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00:04:50,135 --> 00:04:51,946
{\an8}Yeah, except none of 'em go into
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{\an8}or out of the car
where Joyner was found.
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{\an8}Hey, so Joyner's
MetroCard was swiped
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{\an8}at 14th Street Station,
where he got on.
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00:04:59,019 --> 00:05:00,496
{\an8}There were no working
cameras there either.
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00:05:00,520 --> 00:05:03,916
{\an8}But I pulled street-cam footage
from outside the station.
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00:05:03,940 --> 00:05:06,169
{\an8}The closest I could get
was a few blocks away,
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00:05:06,193 --> 00:05:08,212
{\an8}but I found this.
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00:05:14,326 --> 00:05:15,803
{\an8}Well, that dude
does not look happy.
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00:05:15,827 --> 00:05:18,473
{\an8}- Yeah.
- Can you zoom in on his face?
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00:05:20,582 --> 00:05:21,934
{\an8}Wait, is that...
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{\an8}- Malcolm Paige?
- The comedian?
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00:05:24,086 --> 00:05:26,189
{\an8}He used to open for
Chappelle back in the day.
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00:05:26,213 --> 00:05:27,881
{\an8}Track him down.
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00:05:29,299 --> 00:05:31,694
{\an8}An audience member at
your show last night
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{\an8}posted this to
their social media.
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{\an8}{\i1}It'd be a massive
disappointment{\i}
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00:05:34,554 --> 00:05:36,991
{\an8}{\i1}if he was even remotely
relevant anymore.{\i}
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{\an8}{\i1}But you know what they say.{\i}
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{\an8}{\i1}You either die a hero
or live long enough{\i}
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{\an8}{\i1}to become Malcolm Paige.{\i}
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{\an8}Is that why you attacked
him after the show?
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{\an8}He attacked me.
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{\an8}Got his panties all in a
twist because he didn't like
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00:05:53,115 --> 00:05:56,135
{\an8}some of the jokes I was tellin'.
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{\an8}Hit too close to
home for fancy boy.
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00:05:59,246 --> 00:06:02,475
{\an8}Is this you trying to
imply that Joyner was gay?
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00:06:02,499 --> 00:06:03,935
{\an8}I ain't implying nothing.
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00:06:03,959 --> 00:06:05,603
{\an8}The point is, he embarrassed you
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00:06:05,627 --> 00:06:08,398
{\an8}in front of what was
supposed to be your audience.
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00:06:08,422 --> 00:06:10,233
{\an8}I mean, it must've really
pissed you off, huh?
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00:06:10,257 --> 00:06:11,776
{\an8}Whatever.
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00:06:11,800 --> 00:06:14,362
{\an8}You know, we have video of
you taking a swing at Joyner.
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00:06:14,386 --> 00:06:16,489
{\an8}So what happened?
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{\an8}You follow him down the subway,
try to finish the fight?
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{\an8}My car service picked me up
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00:06:20,434 --> 00:06:22,870
{\an8}right after Joyner ran
off like a little bitch,
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00:06:22,894 --> 00:06:24,438
{\an8}followed by his b...
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{\an8}Boyfriend in tow.
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00:06:28,775 --> 00:06:30,336
{\an8}You're saying he
was with somebody?
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00:06:30,360 --> 00:06:33,172
{\an8}He was with a dude,
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00:06:33,196 --> 00:06:36,759
{\an8}and they weren't
getting along either.
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00:06:36,783 --> 00:06:39,429
{\an8}Paige's car service
confirms his alibi.
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00:06:39,453 --> 00:06:41,472
{\an8}I went through Joyner's texts
and emails in the cloud.
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00:06:41,496 --> 00:06:43,099
{\an8}There's no evidence
he had a boyfriend.
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00:06:43,123 --> 00:06:45,476
{\an8}Well, I think that's 'cause
he was still in the closet.
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00:06:45,500 --> 00:06:46,894
{\an8}I contacted the Travlr app.
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00:06:46,918 --> 00:06:49,355
{\an8}They gave me access
to his account here.
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00:06:49,379 --> 00:06:52,275
{\an8}It looks like he was dating
somebody he met on the site.
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00:06:52,299 --> 00:06:56,029
{\an8}A lot of messages between him
and a guy named Michael Zane.
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00:06:56,053 --> 00:06:57,572
{\an8}He's in the system.
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00:06:57,596 --> 00:07:00,825
{\an8}Zane was arrested for
aggravated assault last year.
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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
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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.
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00:07:22,287 --> 00:07:24,307
{\an8}"Keep on like this, and
you're gonna end up dead."
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00:07:24,331 --> 00:07:26,976
{\an8}You didn't send that message?
- No, not like that.
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00:07:27,000 --> 00:07:30,938
{\an8}I was talking about
his... self-hatred.
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00:07:30,962 --> 00:07:32,315
{\an8}We have an eyewitness
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{\an8}that puts the two of you
together night before last.
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00:07:34,424 --> 00:07:36,319
{\an8}Said you guys were in
some kind of fight.
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00:07:36,343 --> 00:07:37,904
{\an8}We were.
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{\an8}I thought things would
be better for him
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00:07:39,972 --> 00:07:42,617
{\an8}if he allowed himself
to live openly,
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00:07:42,641 --> 00:07:44,994
{\an8}but he refused.
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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?
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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.
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00:07:55,862 --> 00:07:58,841
{\an8}I tried to break
things up, but...
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00:07:58,865 --> 00:08:02,136
{\an8}I'm Black, so when
the cops showed up...
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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.
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00:08:10,502 --> 00:08:14,983
{\an8}So I got off after a
few stops, went home.
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00:08:15,007 --> 00:08:17,318
{\an8}Did you notice
anything suspicious
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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,
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00:08:24,850 --> 00:08:26,452
{\an8}white guy.
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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.
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00:08:31,773 --> 00:08:33,376
{\an8}- On purpose?
- Yeah.
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00:08:33,400 --> 00:08:35,962
{\an8}I wasn't in the mood, so
I just brushed past him.
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{\an8}Did he say anything to you?
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00:08:37,446 --> 00:08:38,923
{\an8}"Watch yourself."
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00:08:38,947 --> 00:08:41,342
{\an8}- Can you describe him?
- Brown hair.
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00:08:41,366 --> 00:08:44,470
{\an8}He was wearing
bright-yellow sneakers,
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00:08:44,494 --> 00:08:46,306
{\an8}like, neon,
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00:08:46,330 --> 00:08:48,349
{\an8}and a hoodie
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00:08:48,373 --> 00:08:50,852
with some kind of
symbol on the back.
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00:08:54,588 --> 00:08:56,441
- What station is that?
- 86th Street,
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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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