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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:05,296 --> 00:00:06,576 {\an8} In the criminal justice system, 2 00:00:07,298 --> 00:00:08,651 {\an8}the people are represented 3 00:00:08,675 --> 00:00:11,153 {\an8}by two separate, yet equally important groups: 4 00:00:11,177 --> 00:00:12,905 {\an8}The police, who investigate crime, 5 00:00:12,929 --> 00:00:15,825 {\an8}and the district attorneys, who prosecute the offenders. 6 00:00:15,849 --> 00:00:17,600 {\an8}These are their stories. 7 00:01:06,024 --> 00:01:07,960 Hey. 8 00:01:07,984 --> 00:01:10,046 Where you headed tonight, beautiful? 9 00:01:10,070 --> 00:01:12,131 Can I come? 10 00:01:12,155 --> 00:01:14,133 Come on. Where you going? 11 00:01:14,157 --> 00:01:16,010 Come back. 12 00:01:24,959 --> 00:01:27,146 Oh, sorry, I didn't mean to... 13 00:01:34,052 --> 00:01:35,446 Station's locked down. 14 00:01:35,470 --> 00:01:37,239 MTA is rerouting trains in both directions, 15 00:01:37,263 --> 00:01:39,533 but they're eager to get things moving again. 16 00:01:39,557 --> 00:01:41,744 Where's that level of urgency when there isn't a dead body 17 00:01:41,768 --> 00:01:43,162 to deal with? 18 00:01:46,314 --> 00:01:47,750 Cause of death? 19 00:01:47,774 --> 00:01:49,085 Can't say for sure. 20 00:01:49,109 --> 00:01:50,711 But given the petechial hemorrhaging, 21 00:01:50,735 --> 00:01:51,921 my guess is asphyxia. 22 00:01:51,945 --> 00:01:53,839 So he was strangled to death. 23 00:01:53,863 --> 00:01:56,175 How long ago did this happen? - Less than an hour. 24 00:01:56,199 --> 00:01:58,803 - Any witnesses? - None so far. 25 00:01:58,827 --> 00:02:00,638 The MTA worker who found the body said 26 00:02:00,662 --> 00:02:02,473 he walked the car 15 minutes before, 27 00:02:02,497 --> 00:02:04,767 but he didn't see anything unusual. 28 00:02:04,791 --> 00:02:08,104 So the call came in at 12:34, so the murder had to happen 29 00:02:08,128 --> 00:02:10,356 sometime between 12:15 and 12:30. 30 00:02:10,380 --> 00:02:12,274 We need the security footage from every station 31 00:02:12,298 --> 00:02:14,026 the train passed through in that window, okay? 32 00:02:14,050 --> 00:02:15,611 Okay. 33 00:02:15,635 --> 00:02:20,199 All right, young man, let's see. 34 00:02:20,223 --> 00:02:22,118 No phone. 35 00:02:22,142 --> 00:02:25,645 Oh, vic's still got his wallet. 36 00:02:27,564 --> 00:02:30,584 Ellis Joyner, just turned 24. 37 00:02:30,608 --> 00:02:32,795 Yeah, I thought he looked familiar. 38 00:02:32,819 --> 00:02:33,921 You know him? 39 00:02:33,945 --> 00:02:36,841 Not personally, he's a stand-up comic. 40 00:02:36,865 --> 00:02:38,134 Came from down South, 41 00:02:38,158 --> 00:02:40,803 loved to talk about how much he liked New York. 42 00:02:40,827 --> 00:02:42,638 Great place to live 43 00:02:42,662 --> 00:02:44,873 not such a great place to die. 44 00:03:33,296 --> 00:03:36,859 We found bleeding in the anterior neck strap muscles, 45 00:03:36,883 --> 00:03:39,987 as well as fractures in the hyoid bone 46 00:03:40,011 --> 00:03:41,864 {\an8}and thyroid cartilage horns. 47 00:03:41,888 --> 00:03:43,532 {\an8}And that means? 48 00:03:43,556 --> 00:03:44,992 {\an8}He died of cerebral ischemia 49 00:03:45,016 --> 00:03:47,078 {\an8}due to a lack of blood flow to the brain. 50 00:03:47,102 --> 00:03:48,829 {\an8}I'd say his carotid arteries 51 00:03:48,853 --> 00:03:51,332 {\an8}and jugular vein were compressed bilaterally, 52 00:03:51,356 --> 00:03:52,708 {\an8}like this. 53 00:03:52,732 --> 00:03:54,543 {\an8}So the killer had him in a sleeper hold? 54 00:03:54,567 --> 00:03:56,837 {\an8}Exactly, a carotid sleeper hold. 55 00:03:56,861 --> 00:03:58,547 {\an8}So you're saying our vic was choked to death. 56 00:03:58,571 --> 00:04:00,299 {\an8}Yes, and it's not like 57 00:04:00,323 --> 00:04:03,052 {\an8}he had an easy time breathing on his own. 58 00:04:03,076 --> 00:04:04,428 {\an8}What do you mean? 59 00:04:04,452 --> 00:04:06,180 {\an8}ME pulled Joyner's medical records. 60 00:04:06,204 --> 00:04:08,432 {\an8}Turns out he had severe asthma. 61 00:04:08,456 --> 00:04:09,892 {\an8}She said his lungs were hyperinflated, 62 00:04:09,916 --> 00:04:12,937 {\an8}which means he was likely having an attack when he died. 63 00:04:12,961 --> 00:04:14,605 {\an8}- Was that the cause of death? - No. 64 00:04:14,629 --> 00:04:16,399 {\an8}That would be strangulation, 65 00:04:16,423 --> 00:04:18,609 {\an8}probably from a lethal choke hold. 66 00:04:18,633 --> 00:04:20,486 {\an8}What else do we know about the vic? 67 00:04:20,510 --> 00:04:22,405 {\an8}He was single, lived alone. 68 00:04:22,429 --> 00:04:24,740 {\an8}Both parents were deceased. 69 00:04:24,764 --> 00:04:26,283 {\an8}His latest comedy special on YouTube 70 00:04:26,307 --> 00:04:28,577 {\an8}had over a million views... the guy was pretty popular. 71 00:04:28,601 --> 00:04:30,496 {\an8}Yeah, well, not with everyone. 72 00:04:30,520 --> 00:04:32,456 {\an8}What about his phone? Did we ping it? 73 00:04:32,480 --> 00:04:33,749 {\an8}No signal. 74 00:04:33,773 --> 00:04:36,085 {\an8}Bright side is, the MLI found fresh blood 75 00:04:36,109 --> 00:04:38,087 {\an8}on Joyner's jacket that didn't match his blood type, 76 00:04:38,111 --> 00:04:39,922 {\an8}so the lab's going through that right now. 77 00:04:39,946 --> 00:04:42,508 {\an8}All right, so where are we with the video footage? 78 00:04:42,532 --> 00:04:44,301 {\an8}Our train passed through 6 stations 79 00:04:44,325 --> 00:04:45,803 {\an8}within the 15-minute window. 80 00:04:45,827 --> 00:04:48,931 {\an8}Of the 6, 4 of them had cameras that were broken. 81 00:04:48,955 --> 00:04:51,100 {\an8}Footage from the 2 stations that had working cameras 82 00:04:51,124 --> 00:04:53,811 {\an8}caught a few dozen people getting on and off the trains. 83 00:04:53,835 --> 00:04:55,646 {\an8}Yeah, except none of 'em go into 84 00:04:55,670 --> 00:04:57,356 {\an8}or out of the car where Joyner was found. 85 00:04:57,380 --> 00:05:00,318 {\an8}Hey, so Joyner's MetroCard was swiped 86 00:05:00,342 --> 00:05:02,695 {\an8}at 14th Street Station, where he got on. 87 00:05:02,719 --> 00:05:04,196 {\an8}There were no working cameras there either. 88 00:05:04,220 --> 00:05:07,616 {\an8}But I pulled street-cam footage from outside the station. 89 00:05:07,640 --> 00:05:09,869 {\an8}The closest I could get was a few blocks away, 90 00:05:09,893 --> 00:05:11,912 {\an8}but I found this. 91 00:05:18,026 --> 00:05:19,503 {\an8}Well, that dude does not look happy. 92 00:05:19,527 --> 00:05:22,173 {\an8}- Yeah. - Can you zoom in on his face? 93 00:05:24,282 --> 00:05:25,634 {\an8}Wait, is that... 94 00:05:25,658 --> 00:05:27,762 {\an8}- Malcolm Paige? - The comedian? 95 00:05:27,786 --> 00:05:29,889 {\an8}He used to open for Chappelle back in the day. 96 00:05:29,913 --> 00:05:31,581 {\an8}Track him down. 97 00:05:32,999 --> 00:05:35,394 {\an8}An audience member at your show last night 98 00:05:35,418 --> 00:05:36,937 {\an8}posted this to their social media. 99 00:05:36,961 --> 00:05:38,230 {\an8}It'd be a massive disappointment 100 00:05:38,254 --> 00:05:40,691 {\an8}if he was even remotely relevant anymore. 101 00:05:40,715 --> 00:05:42,276 {\an8}But you know what they say. 102 00:05:42,300 --> 00:05:44,445 {\an8}You either die a hero or live long enough 103 00:05:44,469 --> 00:05:46,155 {\an8}to become Malcolm Paige. 104 00:05:49,015 --> 00:05:51,869 {\an8}Is that why you attacked him after the show? 105 00:05:51,893 --> 00:05:54,664 {\an8}He attacked me. 106 00:05:54,688 --> 00:05:56,791 {\an8}Got his panties all in a twist because he didn't like 107 00:05:56,815 --> 00:05:59,835 {\an8}some of the jokes I was tellin'. 108 00:05:59,859 --> 00:06:02,922 {\an8}Hit too close to home for fancy boy. 109 00:06:02,946 --> 00:06:06,175 {\an8}Is this you trying to imply that Joyner was gay? 110 00:06:06,199 --> 00:06:07,635 {\an8}I ain't implying nothing. 111 00:06:07,659 --> 00:06:09,303 {\an8}The point is, he embarrassed you 112 00:06:09,327 --> 00:06:12,098 {\an8}in front of what was supposed to be your audience. 113 00:06:12,122 --> 00:06:13,933 {\an8}I mean, it must've really pissed you off, huh? 114 00:06:13,957 --> 00:06:15,476 {\an8}Whatever. 115 00:06:15,500 --> 00:06:18,062 {\an8}You know, we have video of you taking a swing at Joyner. 116 00:06:18,086 --> 00:06:20,189 {\an8}So what happened? 117 00:06:20,213 --> 00:06:22,692 {\an8}You follow him down the subway, try to finish the fight? 118 00:06:22,716 --> 00:06:24,110 {\an8}My car service picked me up 119 00:06:24,134 --> 00:06:26,570 {\an8}right after Joyner ran off like a little bitch, 120 00:06:26,594 --> 00:06:28,138 {\an8}followed by his b... 121 00:06:30,640 --> 00:06:32,451 {\an8}Boyfriend in tow. 122 00:06:32,475 --> 00:06:34,036 {\an8}You're saying he was with somebody? 123 00:06:34,060 --> 00:06:36,872 {\an8}He was with a dude, 124 00:06:36,896 --> 00:06:40,459 {\an8}and they weren't getting along either. 125 00:06:40,483 --> 00:06:43,129 {\an8}Paige's car service confirms his alibi. 126 00:06:43,153 --> 00:06:45,172 {\an8}I went through Joyner's texts and emails in the cloud. 127 00:06:45,196 --> 00:06:46,799 {\an8}There's no evidence he had a boyfriend. 128 00:06:46,823 --> 00:06:49,176 {\an8}Well, I think that's 'cause he was still in the closet. 129 00:06:49,200 --> 00:06:50,594 {\an8}I contacted the Travlr app. 130 00:06:50,618 --> 00:06:53,055 {\an8}They gave me access to his account here. 131 00:06:53,079 --> 00:06:55,975 {\an8}It looks like he was dating somebody he met on the site. 132 00:06:55,999 --> 00:06:59,729 {\an8}A lot of messages between him and a guy named Michael Zane. 133 00:06:59,753 --> 00:07:01,272 {\an8}He's in the system. 134 00:07:01,296 --> 00:07:04,525 {\an8}Zane was arrested for aggravated assault last year. 135 00:07:04,549 --> 00:07:05,735 {\an8}Hmm. 136 00:07:05,759 --> 00:07:06,736 {\an8}Yeah, these two were definitely 137 00:07:06,760 --> 00:07:08,070 {\an8}in some kind of fight. 138 00:07:08,094 --> 00:07:10,948 {\an8}I mean, "Keep on like this, you'll end up dead." 139 00:07:10,972 --> 00:07:12,766 {\an8}Either the Zane guy can see the future or. 140 00:07:21,691 --> 00:07:22,691 {\an8}I didn't kill Ellis. 141 00:07:23,276 --> 00:07:25,963 {\an8}I cared about him very much. 142 00:07:25,987 --> 00:07:28,007 {\an8}"Keep on like this, and you're gonna end up dead." 143 00:07:28,031 --> 00:07:30,676 {\an8}You didn't send that message? - No, not like that. 144 00:07:30,700 --> 00:07:34,638 {\an8}I was talking about his... self-hatred. 145 00:07:34,662 --> 00:07:36,015 {\an8}We have an eyewitness 146 00:07:36,039 --> 00:07:38,100 {\an8}that puts the two of you together night before last. 147 00:07:38,124 --> 00:07:40,019 {\an8}Said you guys were in some kind of fight. 148 00:07:40,043 --> 00:07:41,604 {\an8}We were. 149 00:07:41,628 --> 00:07:43,648 {\an8}I thought things would be better for him 150 00:07:43,672 --> 00:07:46,317 {\an8}if he allowed himself to live openly, 151 00:07:46,341 --> 00:07:48,694 {\an8}but he refused. 152 00:07:48,718 --> 00:07:50,529 {\an8}He was convinced his fan base would turn on him. 153 00:07:50,553 --> 00:07:52,156 {\an8}This fight ever turn physical? 154 00:07:52,180 --> 00:07:53,574 {\an8}No, of course not. 155 00:07:53,598 --> 00:07:56,786 {\an8}We are aware of your prior for aggravated assault. 156 00:07:56,810 --> 00:07:59,538 {\an8}I was in a bar when two dudes got into a fight. 157 00:07:59,562 --> 00:08:02,541 {\an8}I tried to break things up, but... 158 00:08:02,565 --> 00:08:05,836 {\an8}I'm Black, so when the cops showed up... 159 00:08:05,860 --> 00:08:08,923 {\an8}So you were on the train with Ellis that night? 160 00:08:08,947 --> 00:08:10,007 {\an8}Yeah. 161 00:08:10,031 --> 00:08:11,592 {\an8}Malcolm Paige had just attacked him, 162 00:08:11,616 --> 00:08:14,178 {\an8}and he said he wanted time to be alone. 163 00:08:14,202 --> 00:08:18,683 {\an8}So I got off after a few stops, went home. 164 00:08:18,707 --> 00:08:21,018 {\an8}Did you notice anything suspicious 165 00:08:21,042 --> 00:08:23,604 {\an8}while you were on the subway? 166 00:08:23,628 --> 00:08:25,856 {\an8}Yeah. 167 00:08:25,880 --> 00:08:28,526 {\an8}Uh, there was a guy on the subway with us, 168 00:08:28,550 --> 00:08:30,152 {\an8}white guy. 169 00:08:30,176 --> 00:08:32,196 {\an8}He kept staring at us. 170 00:08:32,220 --> 00:08:35,449 {\an8}And when I got up to get off, he stepped in my way. 171 00:08:35,473 --> 00:08:37,076 {\an8}- On purpose? - Yeah. 172 00:08:37,100 --> 00:08:39,662 {\an8}I wasn't in the mood, so I just brushed past him. 173 00:08:39,686 --> 00:08:41,122 {\an8}Did he say anything to you? 174 00:08:41,146 --> 00:08:42,623 {\an8}"Watch yourself." 175 00:08:42,647 --> 00:08:45,042 {\an8}- Can you describe him? - Brown hair. 176 00:08:45,066 --> 00:08:48,170 {\an8}He was wearing bright-yellow sneakers, 177 00:08:48,194 --> 00:08:50,006 {\an8}like, neon, 178 00:08:50,030 --> 00:08:52,049 {\an8}and a hoodie 179 00:08:52,073 --> 00:08:54,552 with some kind of symbol on the back. 180 00:08:58,288 --> 00:09:00,141 - What station is that? - 86th Street, 181 00:09:00,165 --> 00:09:02,768 one stop before the one where Joyner's body was found. 182 00:09:02,792 --> 00:09:04,270 Okay, but we can't see his face, though. 183 00:09:04,294 --> 00:09:06,022 Can you find another angle? - This is all we've got. 184 00:09:06,046 --> 00:09:09,066 Can you zoom in on that? 185 00:09:09,090 --> 00:09:12,236 Wait a second. I've seen that logo before. 186 00:09:19,184 --> 00:09:21,704 This place opened up about a year ago. 187 00:09:21,728 --> 00:09:24,081 Been peppering my neighborhood with flyers. 188 00:09:24,105 --> 00:09:26,083 Mixed martial arts is the future, huh? 189 00:09:26,107 --> 00:09:27,835 Yeah, maybe this is where our killer 190 00:09:27,859 --> 00:09:30,254 learned to strangle people. - 'Sup? How you doing? 191 00:09:30,278 --> 00:09:31,881 Uh, yeah, we'd like to talk to the owner. 192 00:09:31,905 --> 00:09:33,257 Is he here? - Dom? 193 00:09:33,281 --> 00:09:34,925 Um, you just missed him. 194 00:09:34,949 --> 00:09:37,261 He left, like, two minutes ago. - Is that him? 195 00:09:40,205 --> 00:09:41,766 Yep. 196 00:09:41,790 --> 00:09:43,142 I see it. 197 00:09:43,166 --> 00:09:45,061 You know when he's gonna be back? 198 00:09:45,085 --> 00:09:46,771 He was getting a cab to the airport. 199 00:09:46,795 --> 00:09:48,439 Did he say where he was going? 200 00:09:48,463 --> 00:09:51,275 I want to say Toronto. 201 00:09:51,299 --> 00:09:52,902 Which way did he go? 202 00:09:59,974 --> 00:10:01,619 Vince. 203 00:10:16,741 --> 00:10:18,052 Hey! 204 00:10:18,076 --> 00:10:22,431 Hey, NYPD. Mr. Kovac, NYPD. 205 00:10:22,455 --> 00:10:24,416 - Hey. - Hey! 206 00:10:27,877 --> 00:10:29,355 - Do not move! - NYPD! 207 00:10:29,379 --> 00:10:31,816 - Do you hear me? Do not move! - NYPD! 208 00:10:31,840 --> 00:10:33,734 I didn't know you guys were cops. 209 00:10:33,758 --> 00:10:35,444 Yeah, you just treat everybody that way? 210 00:10:35,468 --> 00:10:38,155 - Treat Ellis Joyner that way? - I don't know who that is. 211 00:10:38,179 --> 00:10:39,949 He was choked to death two nights ago in the subway. 212 00:10:39,973 --> 00:10:41,701 That ringing a bell? 213 00:10:41,725 --> 00:10:43,577 Okay, tough guy, you're coming with us. 214 00:10:43,601 --> 00:10:45,729 Get up. 215 00:10:47,397 --> 00:10:50,001 I've never seen this guy before in my life. 216 00:10:50,025 --> 00:10:51,502 You know, Domhnall, we are aware 217 00:10:51,526 --> 00:10:54,672 of your four previous convictions for assault, 218 00:10:54,696 --> 00:10:58,009 all against Black victims, two charged as hate crimes. 219 00:10:58,033 --> 00:11:00,678 Clocked that tattoo on you 220 00:11:00,702 --> 00:11:02,388 the combat boots with the "88." 221 00:11:02,412 --> 00:11:04,390 That's a white nationalist symbol. 222 00:11:04,414 --> 00:11:05,433 So what happened? 223 00:11:05,457 --> 00:11:07,268 You see a Black guy on the train, 224 00:11:07,292 --> 00:11:08,960 decided to take him out? 225 00:11:10,378 --> 00:11:12,189 I didn't do anything to anyone. 226 00:11:12,213 --> 00:11:14,150 Hey. 227 00:11:14,174 --> 00:11:16,152 I'm the one talking to you. 228 00:11:16,176 --> 00:11:17,403 Fine. 229 00:11:17,427 --> 00:11:18,821 I'll tell you, then. 230 00:11:18,845 --> 00:11:20,614 I had nothing to do with what happened to that guy. 231 00:11:20,638 --> 00:11:23,576 Where were you around midnight night before last? 232 00:11:23,600 --> 00:11:26,787 - Chelsea, working out. - You work out at that hour? 233 00:11:26,811 --> 00:11:28,789 I run an intensive training program 234 00:11:28,813 --> 00:11:30,541 for some guys at the gym. 235 00:11:30,565 --> 00:11:32,376 I call it the Combat Academy. 236 00:11:32,400 --> 00:11:34,545 I base it on the Navy SEALs training course. 237 00:11:34,569 --> 00:11:37,048 So, once a week, we do a late-night endurance run. 238 00:11:37,072 --> 00:11:38,716 And when did this endurance run end? 239 00:11:38,740 --> 00:11:40,217 Around midnight. 240 00:11:40,241 --> 00:11:42,553 Okay, so you go on your little fun run. 241 00:11:42,577 --> 00:11:45,097 Then you get on the subway, and you kill Ellis Joyner. 242 00:11:45,121 --> 00:11:46,891 I was never on the subway. 243 00:11:46,915 --> 00:11:48,809 We have you on video. 244 00:11:48,833 --> 00:11:52,271 You can make out this sweatshirt 245 00:11:52,295 --> 00:11:54,565 and those sneakers clear as day. 246 00:11:54,589 --> 00:11:56,859 These are part of the Combat Academy uniform. 247 00:11:56,883 --> 00:11:58,343 Every member has them. 248 00:12:00,428 --> 00:12:02,323 Look, fellas, I'm trying to tell you 249 00:12:02,347 --> 00:12:05,034 after the run was over, I went to my girlfriend's apartment. 250 00:12:05,058 --> 00:12:07,078 She lives a few blocks away. 251 00:12:07,102 --> 00:12:09,955 You can check with her doorman. 252 00:12:09,979 --> 00:12:12,375 All right, and would you be willing to submit 253 00:12:12,399 --> 00:12:14,669 to a DNA swab? 254 00:12:14,693 --> 00:12:15,795 Fine. 255 00:12:15,819 --> 00:12:17,088 We're also gonna need the names 256 00:12:17,112 --> 00:12:20,091 of every member of your Combat Academy 257 00:12:20,115 --> 00:12:21,509 that was there that night. 258 00:12:30,583 --> 00:12:32,383 All right. See you guys. 259 00:12:33,461 --> 00:12:36,315 - Brandon Arnou? - Yes? 260 00:12:36,339 --> 00:12:39,026 NYPD, we need to talk to you for a minute. 261 00:12:39,050 --> 00:12:41,278 Uh, yeah, of course. Is something wrong? 262 00:12:41,302 --> 00:12:43,948 - We're investigating a murder. - A murder? 263 00:12:43,972 --> 00:12:45,408 Are you a member 264 00:12:45,432 --> 00:12:46,784 of Domhnall Kovac's Combat Academy? 265 00:12:46,808 --> 00:12:49,245 Uh, yes. Why? 266 00:12:49,269 --> 00:12:50,913 Did you attend his midnight training session 267 00:12:50,937 --> 00:12:51,956 three nights ago? 268 00:12:51,980 --> 00:12:54,625 Um, I-I did. 269 00:12:54,649 --> 00:12:56,210 I did, yeah. 270 00:12:56,234 --> 00:12:58,129 Yeah, I'm trying to get back into shape. 271 00:12:58,153 --> 00:12:59,880 My wife left me last year, and I... 272 00:12:59,904 --> 00:13:02,550 You... you don't need to know all that. 273 00:13:02,574 --> 00:13:05,136 You ride the subway home after that? 274 00:13:05,160 --> 00:13:06,971 Uh, no. 275 00:13:06,995 --> 00:13:08,514 - Really? - Mm-mm. 276 00:13:08,538 --> 00:13:10,141 'Cause we noticed that your apartment's a straight shot 277 00:13:10,165 --> 00:13:11,934 on the C train from Chelsea. 278 00:13:11,958 --> 00:13:14,145 Yeah, well, I-I-I ran home, 279 00:13:14,169 --> 00:13:16,814 trying to push myself, you know? 280 00:13:16,838 --> 00:13:18,316 How did you get that lip? 281 00:13:18,340 --> 00:13:20,359 Oh, uh, grappling training. 282 00:13:20,383 --> 00:13:21,777 Took an elbow to the face. 283 00:13:21,801 --> 00:13:24,572 Would you be willing to submit to a DNA swab, 284 00:13:24,596 --> 00:13:27,658 just to eliminate you as a suspect? 285 00:13:27,682 --> 00:13:29,785 Uh... 286 00:13:31,519 --> 00:13:35,374 Look, it was an accident. - What was an accident? 287 00:13:35,398 --> 00:13:37,460 That man was attacking a woman on the subway. 288 00:13:37,484 --> 00:13:39,378 I-I was just trying to protect her. 289 00:13:39,402 --> 00:13:42,506 I know I should have told someone, but I panicked. 290 00:13:42,530 --> 00:13:45,593 Are you admitting to killing Ellis Joyner? 291 00:13:48,078 --> 00:13:50,139 Look, I didn't mean to. 292 00:13:50,163 --> 00:13:51,807 - Okay. - I-I was just trying to help. 293 00:13:51,831 --> 00:13:53,851 Hands behind your back. 294 00:13:53,875 --> 00:13:55,811 We're gonna walk out of here nice and slow. 295 00:13:55,835 --> 00:13:57,295 Here we go. 296 00:13:59,089 --> 00:14:01,108 Detectives, what is the holdup here? 297 00:14:01,132 --> 00:14:04,236 My client has explained to you what happened several times. 298 00:14:04,260 --> 00:14:06,906 Yeah, we really appreciate your cooperation, too. 299 00:14:06,930 --> 00:14:08,824 He has nothing to hide. 300 00:14:08,848 --> 00:14:12,036 Arnou, so that woman that you say Ellis Joyner attacked, 301 00:14:12,060 --> 00:14:14,080 the one you claim to have rescued, 302 00:14:14,104 --> 00:14:15,915 she was dressed like a dancer, yeah? 303 00:14:15,939 --> 00:14:17,375 Yeah, she was wearing tights, 304 00:14:17,399 --> 00:14:21,253 and her hair was in a, uh, ball, you know? 305 00:14:21,277 --> 00:14:23,089 Thing is, we checked the surveillance footage 306 00:14:23,113 --> 00:14:24,465 from the train platforms, 307 00:14:24,489 --> 00:14:26,425 and we didn't find anybody meeting that description. 308 00:14:26,449 --> 00:14:28,177 I'm telling you, she was there. 309 00:14:28,201 --> 00:14:30,846 Were the cameras working at every station? 310 00:14:30,870 --> 00:14:33,766 We also executed a search warrant in your home. 311 00:14:33,790 --> 00:14:35,101 Didn't find anything. 312 00:14:35,125 --> 00:14:38,020 Yeah, well, of course not. What would you find? 313 00:14:38,044 --> 00:14:40,147 Mm. Yeah, but, see, then we got a search warrant 314 00:14:40,171 --> 00:14:41,607 for your gym locker. 315 00:14:41,631 --> 00:14:43,859 That's where we found something really interesting. 316 00:14:43,883 --> 00:14:47,530 Ellis Joyner's cell phone, but you knew that 317 00:14:47,554 --> 00:14:50,074 because you stole it from him right after you killed him, 318 00:14:50,098 --> 00:14:51,242 and we know why. 319 00:14:51,266 --> 00:14:52,576 Because right after you attacked him, 320 00:14:52,600 --> 00:14:54,370 he started recording you, didn't he? 321 00:14:54,394 --> 00:14:56,330 And, see, what you don't know about Black people is, 322 00:14:56,354 --> 00:14:58,624 we can never be too careful 'cause we don't know 323 00:14:58,648 --> 00:15:01,085 who's gonna try to paint us out to be the bad guy. 324 00:15:01,109 --> 00:15:03,045 So we watched that video, 325 00:15:03,069 --> 00:15:05,006 and we listened to it, and we did not see any woman. 326 00:15:05,030 --> 00:15:06,716 But what we did see is that... 327 00:15:06,740 --> 00:15:10,094 Don't say another word. 328 00:15:10,118 --> 00:15:11,637 This interview's over. 329 00:15:15,790 --> 00:15:18,019 What do you think? 330 00:15:18,043 --> 00:15:20,021 It's a tough call. 331 00:15:20,045 --> 00:15:21,439 He admits to killing Joyner, 332 00:15:21,463 --> 00:15:24,442 but I'm not sure we have enough to charge. 333 00:15:24,466 --> 00:15:26,944 So we have two choices. 334 00:15:26,968 --> 00:15:30,323 We can either cut him loose, or we can arrest him. 335 00:15:36,394 --> 00:15:37,788 Arrest him. 336 00:15:43,651 --> 00:15:45,463 Brandon Arnou's really captured 337 00:15:45,487 --> 00:15:47,590 the public's attention. - Sure has. 338 00:15:47,614 --> 00:15:49,508 Half the city buys Arnou's story 339 00:15:49,532 --> 00:15:51,344 that he killed Joyner in self-defense, 340 00:15:51,368 --> 00:15:54,096 and the other half sees white man 341 00:15:54,120 --> 00:15:55,806 killing an unarmed Black man. 342 00:15:55,830 --> 00:15:59,185 It's a litmus test for what people think 343 00:15:59,209 --> 00:16:00,519 or what they want to believe. 344 00:16:00,543 --> 00:16:02,647 Well, here's what I believe. 345 00:16:02,671 --> 00:16:05,274 Arnou held Joyner in a choke hold 346 00:16:05,298 --> 00:16:07,652 for a long time after he was unconscious. 347 00:16:07,676 --> 00:16:09,820 Even if he was acting in self-defense 348 00:16:09,844 --> 00:16:11,155 at the start of all this, 349 00:16:11,179 --> 00:16:12,907 it eventually turned into a homicide. 350 00:16:12,931 --> 00:16:14,325 And we have video that supports that? 351 00:16:14,349 --> 00:16:15,618 Uh, sort of. 352 00:16:15,642 --> 00:16:17,286 Seconds after Joyner pulled out his phone 353 00:16:17,310 --> 00:16:18,329 to record the incident, 354 00:16:18,353 --> 00:16:20,414 Arnou knocked it out of his hands. 355 00:16:20,438 --> 00:16:23,167 Then the phone landed on the ground lens down. 356 00:16:23,191 --> 00:16:24,377 Visually, it's just black. 357 00:16:24,401 --> 00:16:26,420 But it kept recording, so there's audio. 358 00:16:26,444 --> 00:16:29,215 You can hear Arnou get Joyner into the choke hold. 359 00:16:29,239 --> 00:16:31,509 Joyner repeatedly says he can't breathe. 360 00:16:31,533 --> 00:16:33,719 And after that, the tape goes silent. 361 00:16:33,743 --> 00:16:35,846 - Because Joyner passed out. - That's what it seems like. 362 00:16:35,870 --> 00:16:36,931 After he goes quiet, 363 00:16:36,955 --> 00:16:39,183 there's three minutes of total silence 364 00:16:39,207 --> 00:16:40,393 before Arnou gets off him. 365 00:16:40,417 --> 00:16:41,936 You're saying that he kept Joyner 366 00:16:41,960 --> 00:16:43,646 in a choke hold for three full minutes 367 00:16:43,670 --> 00:16:45,231 after he seemed to have passed out? 368 00:16:45,255 --> 00:16:46,816 Mm-hmm, and Arnou picks up the phone, 369 00:16:46,840 --> 00:16:48,776 realizes it's been recording, and then stops it. 370 00:16:48,800 --> 00:16:51,779 But the phone must've locked. - Which is why Arnou took it. 371 00:16:51,803 --> 00:16:53,489 He realized it would upload to the cloud, 372 00:16:53,513 --> 00:16:54,615 so he wanted to delete it. 373 00:16:54,639 --> 00:16:56,659 Search history on Arnou's laptop 374 00:16:56,683 --> 00:16:58,744 shows that he was trying to figure out 375 00:16:58,768 --> 00:17:00,454 how to access a phone without a passcode. 376 00:17:00,478 --> 00:17:02,456 Obviously knew the video was damning. 377 00:17:02,480 --> 00:17:04,542 So what's the next move? What are you thinking? 378 00:17:04,566 --> 00:17:07,670 We have a solid case for manslaughter. 379 00:17:07,694 --> 00:17:09,422 Whether you believe Arnou's account or not, 380 00:17:09,446 --> 00:17:12,049 there... there's no question he used excessive force. 381 00:17:12,073 --> 00:17:13,300 Manslaughter? 382 00:17:13,324 --> 00:17:15,011 You just told me he choked him out 383 00:17:15,035 --> 00:17:17,054 for three minutes after he was already unconscious. 384 00:17:17,078 --> 00:17:20,683 Correct, but Arnou claims he was trying to help someone. 385 00:17:20,707 --> 00:17:22,393 He was trying to protect a young woman. 386 00:17:22,417 --> 00:17:25,354 That woman we haven't been able to identify. 387 00:17:25,378 --> 00:17:27,398 This isn't manslaughter, Nolan. 388 00:17:27,422 --> 00:17:29,608 This is depraved indifference to human life. 389 00:17:29,632 --> 00:17:31,068 You want to charge him with murder? 390 00:17:31,092 --> 00:17:33,946 Absolutely. We need to make a statement. 391 00:17:33,970 --> 00:17:35,781 The facts are tricky. 392 00:17:35,805 --> 00:17:37,908 Arnou claims he was trying to save a woman's life, 393 00:17:37,932 --> 00:17:40,328 not to mention he has no history of violence. 394 00:17:40,352 --> 00:17:41,579 I understand. 395 00:17:41,603 --> 00:17:45,166 But this is George Floyd all over again. 396 00:17:45,190 --> 00:17:47,084 And I'm sure as hell not gonna end up 397 00:17:47,108 --> 00:17:48,419 on the wrong side of it. 398 00:17:48,443 --> 00:17:50,236 Charge him with murder two. 399 00:18:03,708 --> 00:18:07,021 I can't breathe. 400 00:18:07,045 --> 00:18:09,464 I can't breathe. 401 00:18:25,355 --> 00:18:26,815 Oh, my God. 402 00:18:30,694 --> 00:18:34,090 Dr. Infante, could you explain what we just heard? 403 00:18:34,114 --> 00:18:36,175 Once the air supply has been cut off, 404 00:18:36,199 --> 00:18:39,303 it takes about five minutes for brain death to occur 405 00:18:39,327 --> 00:18:41,222 half that time for an asthmatic. 406 00:18:41,246 --> 00:18:44,350 The body goes through severe seizure-like activity 407 00:18:44,374 --> 00:18:46,060 with convulsions. 408 00:18:46,084 --> 00:18:49,021 And once enough pressure was applied to the carotid artery, 409 00:18:49,045 --> 00:18:51,148 the victim would have lost consciousness. 410 00:18:51,172 --> 00:18:53,401 Which accounts for the last three minutes 411 00:18:53,425 --> 00:18:54,819 when there were no sounds of a struggle? 412 00:18:54,843 --> 00:18:55,945 Yes. 413 00:18:55,969 --> 00:18:58,239 Meaning after those first few minutes, 414 00:18:58,263 --> 00:18:59,740 Ellis Joyner no longer posed 415 00:18:59,764 --> 00:19:01,492 a lethal threat to the defendant? 416 00:19:01,516 --> 00:19:03,536 In my professional opinion, no. 417 00:19:03,560 --> 00:19:07,206 And... and yet, for three full minutes, 418 00:19:07,230 --> 00:19:11,127 the defendant just continued to choke him. 419 00:19:11,151 --> 00:19:15,047 Thank you, Doctor. No further questions. 420 00:19:17,907 --> 00:19:20,094 Dr. Infante, isn't it true 421 00:19:20,118 --> 00:19:22,388 that the surge of adrenaline caused 422 00:19:22,412 --> 00:19:24,890 by a life-or-death confrontation 423 00:19:24,914 --> 00:19:27,935 can distort not only one's sense of time 424 00:19:27,959 --> 00:19:31,314 but also an awareness of one's surroundings? 425 00:19:31,338 --> 00:19:33,691 It's possible. 426 00:19:33,715 --> 00:19:36,110 Would you characterize such a response as reasonable? 427 00:19:36,134 --> 00:19:39,322 I would say it's not uncommon. 428 00:19:39,346 --> 00:19:43,159 So you're saying it is both possible and reasonable 429 00:19:43,183 --> 00:19:46,954 that in the confusion and panic of the moment, 430 00:19:46,978 --> 00:19:49,707 Brandon Arnou did not realize 431 00:19:49,731 --> 00:19:52,793 that the man he believed was trying to kill him 432 00:19:52,817 --> 00:19:55,254 had lost consciousness? 433 00:19:55,278 --> 00:19:56,547 Yes. 434 00:19:56,571 --> 00:19:59,699 Thank you. Nothing further. 435 00:20:03,036 --> 00:20:05,181 How long had you and Ellis Joyner 436 00:20:05,205 --> 00:20:07,224 been seeing each other? 437 00:20:07,248 --> 00:20:08,976 About six months. 438 00:20:09,000 --> 00:20:12,521 It wasn't a storybook romance, but 439 00:20:12,545 --> 00:20:14,523 it was the best six months of my life. 440 00:20:14,547 --> 00:20:16,984 You were on the train that night with Ellis, correct? 441 00:20:17,008 --> 00:20:20,529 Yes, I got off at 50th Street to go home. 442 00:20:20,553 --> 00:20:22,490 Did you interact with the defendant at all 443 00:20:22,514 --> 00:20:23,866 while you were on the train? 444 00:20:23,890 --> 00:20:27,495 Yes, I caught him staring at us a couple of times. 445 00:20:27,519 --> 00:20:29,413 It was weird. 446 00:20:29,437 --> 00:20:32,333 And when I got up to get off, he 447 00:20:32,357 --> 00:20:33,542 stepped in my way. 448 00:20:33,566 --> 00:20:35,169 Intentionally? 449 00:20:35,193 --> 00:20:37,505 Yeah, aggressively. 450 00:20:37,529 --> 00:20:40,341 When I accidentally bumped into him, 451 00:20:40,365 --> 00:20:43,844 he said, "Watch yourself," with this tone. 452 00:20:43,868 --> 00:20:46,597 - What kind of tone? - A racist tone. 453 00:20:46,621 --> 00:20:49,600 Like, he might as well have said, "Watch yourself, boy." 454 00:20:49,624 --> 00:20:52,103 Objection, Your Honor, calls for speculation. 455 00:20:52,127 --> 00:20:55,064 The witness can't testify to things my client didn't say. 456 00:20:55,088 --> 00:20:56,232 Sustained. 457 00:20:56,256 --> 00:20:58,359 The jury will disregard. 458 00:20:58,383 --> 00:21:00,135 No further questions. 459 00:21:03,430 --> 00:21:06,867 You claim that Mr. Arnou was aggressive 460 00:21:06,891 --> 00:21:08,953 towards you, confrontational. 461 00:21:08,977 --> 00:21:10,454 He was. 462 00:21:10,478 --> 00:21:15,126 But Mr. Arnou has no history of violent behavior, none. 463 00:21:15,150 --> 00:21:16,460 So? 464 00:21:16,484 --> 00:21:19,213 But you do, right? 465 00:21:19,237 --> 00:21:21,549 You were charged with aggravated assault. 466 00:21:21,573 --> 00:21:23,342 Yeah, but that has nothing to do 467 00:21:23,366 --> 00:21:25,052 with what happened that night. 468 00:21:25,076 --> 00:21:27,930 He was the aggressor. - I see. 469 00:21:27,954 --> 00:21:32,226 And to be clear, you were not a witness to the altercation 470 00:21:32,250 --> 00:21:35,563 between Ellis Joyner and Mr. Arnou? 471 00:21:35,587 --> 00:21:37,606 - Correct. - So you have no idea 472 00:21:37,630 --> 00:21:39,734 if Joyner attacked that woman or not, 473 00:21:39,758 --> 00:21:42,570 and you have no idea if Mr. Arnou was, 474 00:21:42,594 --> 00:21:45,114 in fact, trying to help her. 475 00:21:45,138 --> 00:21:49,410 I wasn't there, but I know he didn't attack that woman. 476 00:21:49,434 --> 00:21:53,146 But you weren't there. 477 00:21:54,481 --> 00:21:56,375 No further questions. 478 00:21:56,399 --> 00:21:58,919 The witness may step down. 479 00:21:58,943 --> 00:22:00,921 Call your next witness, Mr. Price. 480 00:22:00,945 --> 00:22:02,715 The prosecution rests. 481 00:22:02,739 --> 00:22:05,092 Mr. Kagan, you're up. 482 00:22:05,116 --> 00:22:09,013 The defense calls Rebecca Lasky. 483 00:22:09,037 --> 00:22:10,931 Objection, Your Honor, unfair surprise. 484 00:22:10,955 --> 00:22:12,433 This is the first we are hearing 485 00:22:12,457 --> 00:22:13,934 of any witness by that name. 486 00:22:13,958 --> 00:22:16,687 That's because this witness only just came forward. 487 00:22:21,383 --> 00:22:26,739 Ms. Lasky, were you on the C subway train 488 00:22:26,763 --> 00:22:30,284 the night Ellis Joyner was killed? 489 00:22:30,308 --> 00:22:32,620 Yes, I was there. 490 00:22:32,644 --> 00:22:35,581 Did you witness the altercation? 491 00:22:35,605 --> 00:22:37,958 Yes, I did. 492 00:22:37,982 --> 00:22:40,235 Can you tell us what happened? 493 00:22:42,112 --> 00:22:44,757 I entered the subway car 494 00:22:44,781 --> 00:22:48,302 and accidentally bumped into Mr. Joyner, 495 00:22:48,326 --> 00:22:49,845 and 496 00:22:49,869 --> 00:22:53,265 he appeared to be mentally disturbed in some way. 497 00:22:53,289 --> 00:22:57,812 He kept making these aggressive grunting noises. 498 00:22:57,836 --> 00:22:59,981 And then he lunged at me. 499 00:23:00,005 --> 00:23:02,108 And then what happened? 500 00:23:02,132 --> 00:23:06,320 He reached into his pocket. 501 00:23:06,344 --> 00:23:10,908 I was scared he had a knife or something, so I screamed. 502 00:23:10,932 --> 00:23:14,495 I screamed for help, 503 00:23:14,519 --> 00:23:16,789 and that man saved me. 504 00:23:16,813 --> 00:23:19,667 My client, Mr. Arnou? 505 00:23:19,691 --> 00:23:22,545 Yes, he grabbed Mr. Joyner, 506 00:23:22,569 --> 00:23:26,465 and he pulled him away from me. 507 00:23:26,489 --> 00:23:30,761 And then Joyner attacked him, and they started fighting. 508 00:23:30,785 --> 00:23:32,972 I was terrified. 509 00:23:32,996 --> 00:23:35,498 If he hadn't been there... 510 00:23:37,417 --> 00:23:39,312 That man is a hero. 511 00:23:54,684 --> 00:23:55,684 Yep. 512 00:23:56,561 --> 00:23:59,457 Turns out there really was a female witness. 513 00:23:59,481 --> 00:24:02,126 - So I've heard. - She was credible, too. 514 00:24:02,150 --> 00:24:04,545 Her testimony was compelling. 515 00:24:04,569 --> 00:24:06,297 Meaning what? 516 00:24:06,321 --> 00:24:08,090 We should offer a manslaughter plea. 517 00:24:08,114 --> 00:24:10,051 I'd be surprised if they accepted it, 518 00:24:10,075 --> 00:24:11,427 but it's worth a shot. 519 00:24:11,451 --> 00:24:14,263 But the audio-video clip hasn't changed, correct? 520 00:24:14,287 --> 00:24:16,140 - Excuse me? - The clip where we hear 521 00:24:16,164 --> 00:24:18,517 Mr. Joyner begging for his life, 522 00:24:18,541 --> 00:24:21,854 where we hear Mr. Arnou choking out 523 00:24:21,878 --> 00:24:24,482 an unconscious man for a full three minutes. 524 00:24:24,506 --> 00:24:26,984 That is correct. That clip still exists. 525 00:24:27,008 --> 00:24:29,153 But there is now more context for it 526 00:24:29,177 --> 00:24:31,072 context that is not in our favor. 527 00:24:31,096 --> 00:24:33,324 But just because a white woman saw Joyner 528 00:24:33,348 --> 00:24:35,660 as a threat doesn't make it true. 529 00:24:35,684 --> 00:24:38,537 Like I said, her testimony was credible. 530 00:24:38,561 --> 00:24:41,332 The jury seemed to respond quite favorably. 531 00:24:41,356 --> 00:24:43,000 But the witness wasn't actually there 532 00:24:43,024 --> 00:24:44,210 when the murder took place. 533 00:24:44,234 --> 00:24:46,379 She left before the fight ended, right? 534 00:24:46,403 --> 00:24:48,339 That's why she didn't show up in the video. 535 00:24:48,363 --> 00:24:51,658 - Mm-hmm. - So make that clear, Nolan. 536 00:24:53,702 --> 00:24:56,389 Remind them that Ms. Lasky wasn't present 537 00:24:56,413 --> 00:24:59,499 when the defendant choked the life out of Mr. Joyner. 538 00:25:05,088 --> 00:25:09,402 {\an8}Ms. Lasky, you weren't actually present 539 00:25:09,426 --> 00:25:13,447 {\an8}when the defendant strangled Ellis Joyner to death, correct? 540 00:25:13,471 --> 00:25:16,617 No, the train stopped while they were still fighting, 541 00:25:16,641 --> 00:25:19,245 and I got off. 542 00:25:19,269 --> 00:25:21,497 But I saw the start of the fight. 543 00:25:21,521 --> 00:25:24,750 I saw Mr. Arnou grab Joyner by the arm 544 00:25:24,774 --> 00:25:27,128 and pull him away from me. 545 00:25:27,152 --> 00:25:31,048 And then I saw Joyner elbow him in the face. 546 00:25:31,072 --> 00:25:34,802 Right, because Mr. Joyner was terrified. 547 00:25:34,826 --> 00:25:37,847 From his perspective, he was the one fighting for his life. 548 00:25:37,871 --> 00:25:40,349 I don't know. 549 00:25:40,373 --> 00:25:43,519 It all happened really fast. 550 00:25:43,543 --> 00:25:46,605 And they were yelling at each other. 551 00:25:46,629 --> 00:25:50,901 And Mr. Arnou kept yelling at him to stop, to surrender, 552 00:25:50,925 --> 00:25:52,653 and that he was bleeding, 553 00:25:52,677 --> 00:25:55,489 and he was dirty, 554 00:25:55,513 --> 00:25:58,951 or fighting dirty. 555 00:25:58,975 --> 00:26:02,872 I don't really remember the exact words. 556 00:26:02,896 --> 00:26:04,707 But Joyner didn't listen. 557 00:26:04,731 --> 00:26:07,626 He reached into his pocket. 558 00:26:07,650 --> 00:26:10,796 It looked like he was trying to grab a knife. 559 00:26:10,820 --> 00:26:12,798 So Mr. Arnou tackled him, 560 00:26:12,822 --> 00:26:15,760 and they started wrestling. 561 00:26:15,784 --> 00:26:18,554 That's when the train stopped, and I got off. 562 00:26:18,578 --> 00:26:20,306 Just got off? 563 00:26:20,330 --> 00:26:22,725 You didn't tell anyone what was happening? 564 00:26:22,749 --> 00:26:24,435 I wasn't thinking straight. 565 00:26:24,459 --> 00:26:27,146 Everything was happening at once. 566 00:26:27,170 --> 00:26:30,191 When the doors opened, I ran out to look 567 00:26:30,215 --> 00:26:33,027 for someone to tell, like a cop or something. 568 00:26:33,051 --> 00:26:35,780 But the subway station was empty. 569 00:26:35,804 --> 00:26:38,074 Then the doors closed, and the train took off. 570 00:26:38,098 --> 00:26:42,495 So that means you weren't there during the three minutes 571 00:26:42,519 --> 00:26:44,413 that Ellis Joyner was unconscious 572 00:26:44,437 --> 00:26:45,956 and the defendant continued 573 00:26:45,980 --> 00:26:48,459 to choke the life out of his body? 574 00:26:48,483 --> 00:26:52,421 No, but, like I said, I thought he had a knife. 575 00:26:52,445 --> 00:26:54,465 I'm sure Mr. Arnou did, too. 576 00:26:54,489 --> 00:26:57,968 Did you actually see a knife? 577 00:26:57,992 --> 00:26:59,136 No, but... 578 00:26:59,160 --> 00:27:02,539 Did you see a weapon of any kind? 579 00:27:04,374 --> 00:27:07,019 - No. - And you had no idea 580 00:27:07,043 --> 00:27:11,107 that Ellis Joyner was severely asthmatic? 581 00:27:11,131 --> 00:27:12,608 I didn't at the time. 582 00:27:12,632 --> 00:27:15,319 Mr. Joyner had been in an altercation 583 00:27:15,343 --> 00:27:16,904 with a fellow comic that night, 584 00:27:16,928 --> 00:27:20,658 then a fraught, verbal argument with his boyfriend. 585 00:27:20,682 --> 00:27:24,745 High-stress situations can trigger an asthma attack. 586 00:27:24,769 --> 00:27:28,499 Ellis Joyner was having an asthma attack. 587 00:27:28,523 --> 00:27:32,503 He wasn't acting aggressively, nor was he mentally ill. 588 00:27:32,527 --> 00:27:35,506 He was simply having an asthma attack, 589 00:27:35,530 --> 00:27:38,509 and you misinterpreted his behavior. 590 00:27:38,533 --> 00:27:42,304 You saw a scary Black man making a noise... 591 00:27:42,328 --> 00:27:44,015 - Objection. - Sustained. 592 00:27:52,547 --> 00:27:54,859 Mr. Joyner's behavior that night was consistent 593 00:27:54,883 --> 00:27:58,428 with someone suffering from an asthma attack, correct? 594 00:28:00,055 --> 00:28:04,160 Yes, I suppose. 595 00:28:04,184 --> 00:28:08,956 And if that's what it was... 596 00:28:08,980 --> 00:28:11,625 I feel terrible. 597 00:28:11,649 --> 00:28:13,336 Then 598 00:28:13,360 --> 00:28:17,882 this whole thing i-is 599 00:28:17,906 --> 00:28:21,635 it's all my fault. 600 00:28:21,659 --> 00:28:23,346 But either way, 601 00:28:23,370 --> 00:28:26,140 Mr. Arnou came to my defense. 602 00:28:28,208 --> 00:28:31,979 He tried to help me, 603 00:28:32,003 --> 00:28:34,231 and he shouldn't be held responsible. 604 00:28:41,221 --> 00:28:44,533 She made a strong case that Arnou is not the one to blame. 605 00:28:44,557 --> 00:28:45,868 Yeah. 606 00:28:45,892 --> 00:28:48,079 What do you think about what Lasky said in there, 607 00:28:48,103 --> 00:28:50,206 that, uh, bit about Arnou saying something 608 00:28:50,230 --> 00:28:51,624 about blood and dirt? 609 00:28:51,648 --> 00:28:53,876 Oh, I-I don't know what to make of it. Why? 610 00:28:53,900 --> 00:28:55,920 Do you think it's possible he was saying something 611 00:28:55,944 --> 00:28:58,756 about "blood and soil"? 612 00:28:58,780 --> 00:29:01,509 - That's a Nazi slogan. - Exactly. 613 00:29:01,533 --> 00:29:04,178 It's the new battle cry of white nationalist groups. 614 00:29:04,202 --> 00:29:06,514 You think Arnou is a white supremacist? 615 00:29:06,538 --> 00:29:07,807 Yeah, I-I don't know. 616 00:29:07,831 --> 00:29:09,684 I'm... I'm just trying to understand 617 00:29:09,708 --> 00:29:11,602 why he was saying "blood and dirt." 618 00:29:11,626 --> 00:29:14,355 We interviewed his neighbors, his coworkers. 619 00:29:14,379 --> 00:29:16,148 None of them reported anything that would suggest... 620 00:29:16,172 --> 00:29:20,695 What about where he trains, the, uh, Kovac Academy? 621 00:29:20,719 --> 00:29:21,696 What about it? 622 00:29:21,720 --> 00:29:23,531 Detectives interviewed the owner. 623 00:29:23,555 --> 00:29:26,266 He has ties to a few white nationalist organizations. 624 00:29:28,309 --> 00:29:29,561 Check it out. 625 00:29:32,439 --> 00:29:35,793 I already told you. I don't know Arnou too well. 626 00:29:35,817 --> 00:29:38,921 I just have a few questions. It won't take long, promise. 627 00:29:38,945 --> 00:29:42,174 Fine, what do you want to know? 628 00:29:42,198 --> 00:29:44,135 Have you ever heard him say something 629 00:29:44,159 --> 00:29:47,638 that might be interpreted as racist? 630 00:29:47,662 --> 00:29:49,849 I'm sorry, but I can't help you. 631 00:29:49,873 --> 00:29:53,251 You can't, or you don't want to? 632 00:29:55,211 --> 00:29:58,524 I'm closing up, so... 633 00:29:58,548 --> 00:30:02,153 You're aware that Arnou is on trial for murder? 634 00:30:02,177 --> 00:30:03,988 I am. 635 00:30:14,147 --> 00:30:16,000 Hold up. 636 00:30:22,238 --> 00:30:25,718 Look, I can't get into the details, but 637 00:30:25,742 --> 00:30:30,139 let's just say you're heading down the right path. 638 00:30:30,163 --> 00:30:33,809 "Right path"? What the hell is that supposed to mean? 639 00:30:33,833 --> 00:30:36,103 Like I said, I can't help you. 640 00:30:36,127 --> 00:30:37,688 Why not? 641 00:30:37,712 --> 00:30:40,149 Because it would blow my cover. 642 00:30:42,801 --> 00:30:44,177 You're a cop? 643 00:30:54,562 --> 00:30:55,562 Nick, good to see you. 644 00:30:56,439 --> 00:30:57,792 How you doing, Robin? 645 00:30:57,816 --> 00:30:59,585 - Thanks for coming down. - Of course. 646 00:30:59,609 --> 00:31:01,796 Um, this is Carol Oberlin. 647 00:31:01,820 --> 00:31:05,466 She's our Deputy Commissioner of Counterterrorism. 648 00:31:05,490 --> 00:31:06,967 - Glad to meet you. - Likewise. 649 00:31:06,991 --> 00:31:10,096 I understand you stumbled on to our undercover operation. 650 00:31:10,120 --> 00:31:11,889 We did. 651 00:31:11,913 --> 00:31:14,433 And, fortunately, a detective of yours has information 652 00:31:14,457 --> 00:31:17,103 pertinent to a murder we're prosecuting. 653 00:31:17,127 --> 00:31:18,604 Uh, that's great. 654 00:31:18,628 --> 00:31:21,023 But, uh, let us get you up to speed 655 00:31:21,047 --> 00:31:23,150 on what it is we're actually investigating, 656 00:31:23,174 --> 00:31:24,485 give you a sense 657 00:31:24,509 --> 00:31:26,404 of the scope of what we're dealing with here. 658 00:31:26,428 --> 00:31:28,013 Please. - Okay. 659 00:31:29,764 --> 00:31:33,411 We've actually had our eye on Kovac for a while now. 660 00:31:33,435 --> 00:31:35,788 His gym is an "active club," 661 00:31:35,812 --> 00:31:37,581 part of an international network 662 00:31:37,605 --> 00:31:39,750 of white supremacist sleeper cells, 663 00:31:39,774 --> 00:31:42,712 all fronting as small MMA-style gyms. 664 00:31:42,736 --> 00:31:44,588 How big a network are we talking about? 665 00:31:44,612 --> 00:31:47,258 So far, we've identified over 30 active clubs 666 00:31:47,282 --> 00:31:48,884 across 9 different states 667 00:31:48,908 --> 00:31:50,928 and several provinces of Canada. 668 00:31:50,952 --> 00:31:52,179 So how do they work? 669 00:31:52,203 --> 00:31:54,223 The clubs operate as recruitment centers. 670 00:31:54,247 --> 00:31:57,351 They lure in young white men under the guise of getting fit, 671 00:31:57,375 --> 00:32:01,022 while indoctrinating them in racist ideology 672 00:32:01,046 --> 00:32:03,524 and training them in military combat. 673 00:32:03,548 --> 00:32:05,693 - They're building an army. - They're trying to. 674 00:32:05,717 --> 00:32:07,695 It's the new face of hate. 675 00:32:07,719 --> 00:32:10,448 No more white sheets or burning crosses. 676 00:32:10,472 --> 00:32:12,533 They've adapted and created a façade 677 00:32:12,557 --> 00:32:15,036 to mask their racist beliefs. 678 00:32:15,060 --> 00:32:17,163 But we need your undercover's testimony 679 00:32:17,187 --> 00:32:21,042 to secure a conviction against one of their members. 680 00:32:21,066 --> 00:32:24,337 Detective Fields has spent nine months 681 00:32:24,361 --> 00:32:26,839 embedding himself in this community. 682 00:32:26,863 --> 00:32:28,883 All that goes out the window if he testifies. 683 00:32:28,907 --> 00:32:32,094 I get that, but we're talking about murder here. 684 00:32:32,118 --> 00:32:34,764 We're not trying to step on your toes here, Nick, 685 00:32:34,788 --> 00:32:36,932 but we poured a lot of resources 686 00:32:36,956 --> 00:32:38,726 and manpower into this operation. 687 00:32:38,750 --> 00:32:40,561 The stakes are pretty high. 688 00:32:40,585 --> 00:32:43,356 We've recently received credible intel 689 00:32:43,380 --> 00:32:45,441 that Kovac is now stockpiling firearms 690 00:32:45,465 --> 00:32:48,486 and explosive materials. 691 00:32:48,510 --> 00:32:50,446 These men are terrorists. 692 00:32:50,470 --> 00:32:53,765 They're capable of significant violence. 693 00:32:55,600 --> 00:32:57,620 Are you asking me for a favor? 694 00:32:57,644 --> 00:33:00,122 I'm suggesting you take a big-picture view 695 00:33:00,146 --> 00:33:01,499 of the situation. 696 00:33:06,736 --> 00:33:08,589 We'd greatly appreciate it. 697 00:33:14,160 --> 00:33:17,139 - They're planning an attack? - Against who? 698 00:33:17,163 --> 00:33:19,266 It appears to be some sort of coordinated effort 699 00:33:19,290 --> 00:33:22,395 along the lines of the January 6th insurrection, 700 00:33:22,419 --> 00:33:26,148 only more violent and without advanced warning this time. 701 00:33:26,172 --> 00:33:28,985 This only underscores how dangerous Arnou is. 702 00:33:29,009 --> 00:33:31,570 Uh, the jury needs to know he's part of this organization. 703 00:33:31,594 --> 00:33:32,905 But exposing the undercover 704 00:33:32,929 --> 00:33:35,116 would blow up the whole investigation. 705 00:33:35,140 --> 00:33:37,660 He's the only asset they have on the inside. 706 00:33:37,684 --> 00:33:39,912 But Ellis Joyner was murdered 707 00:33:39,936 --> 00:33:43,082 most likely because he was Black. 708 00:33:43,106 --> 00:33:45,793 He deserves justice. - I couldn't agree more. 709 00:33:45,817 --> 00:33:48,254 All I'm saying is, we can't call the undercover 710 00:33:48,278 --> 00:33:50,030 as a witness. 711 00:33:51,489 --> 00:33:52,925 It's for the greater good. 712 00:33:52,949 --> 00:33:56,262 Oh, the greater good, right. 713 00:33:56,286 --> 00:33:58,931 Thank God for that phrase. 714 00:33:58,955 --> 00:34:01,058 Excuse me? 715 00:34:01,082 --> 00:34:02,101 Helps justify a lot 716 00:34:02,125 --> 00:34:06,480 of otherwise unjustifiable positions. 717 00:34:06,504 --> 00:34:08,983 You're a terrific prosecutor, Nolan. 718 00:34:09,007 --> 00:34:10,985 You're just gonna have to find another way 719 00:34:11,009 --> 00:34:13,887 to make clear to the jury that Arnou is racist. 720 00:34:20,143 --> 00:34:21,829 {\an8}Mr. Kovac, 721 00:34:21,853 --> 00:34:25,416 {\an8}you were Brandon Arnou's personal trainer, correct? 722 00:34:25,440 --> 00:34:27,168 Yes. 723 00:34:27,192 --> 00:34:28,919 You two spend a lot of time together? 724 00:34:28,943 --> 00:34:31,005 About five hours a week. 725 00:34:31,029 --> 00:34:33,090 Would you say you were friendly? 726 00:34:33,114 --> 00:34:35,468 Not really. We worked out together. 727 00:34:35,492 --> 00:34:38,095 - Five hours a week? - Yes. 728 00:34:38,119 --> 00:34:41,974 You and the defendant ever discuss racial ideology? 729 00:34:41,998 --> 00:34:43,976 I don't know what that means. 730 00:34:44,000 --> 00:34:46,729 Did you ever discuss racial purity, 731 00:34:46,753 --> 00:34:48,522 uh, interracial marriage, 732 00:34:48,546 --> 00:34:50,483 the role that Black people should 733 00:34:50,507 --> 00:34:53,194 or shouldn't play in society? 734 00:34:53,218 --> 00:34:54,987 I don't know what you're talking about. 735 00:34:55,011 --> 00:34:56,864 Permission to treat the witness as hostile, Your Honor? 736 00:34:56,888 --> 00:34:58,682 Permission granted. 737 00:35:00,475 --> 00:35:03,371 You have a tattoo on your arm, the number 88. 738 00:35:03,395 --> 00:35:05,831 It's a neo-Nazi symbol, isn't it? 739 00:35:05,855 --> 00:35:08,417 I don't know. I just like the number 88. 740 00:35:08,441 --> 00:35:10,961 So you don't have a problem with Black people? 741 00:35:10,985 --> 00:35:12,922 - No. - Even though you have 742 00:35:12,946 --> 00:35:15,966 four prior battery convictions, 743 00:35:15,990 --> 00:35:18,302 all for assaulting Black men, 744 00:35:18,326 --> 00:35:22,223 two that were charged as hate crimes, correct? 745 00:35:22,247 --> 00:35:23,557 It was a long time ago. 746 00:35:23,581 --> 00:35:25,851 Even though your bio 747 00:35:25,875 --> 00:35:28,062 in your various social-media accounts 748 00:35:28,086 --> 00:35:30,690 contains the phrase "blood and soil"? 749 00:35:30,714 --> 00:35:31,899 Objection, relevance. 750 00:35:31,923 --> 00:35:33,901 Rebecca Lasky testified she overheard 751 00:35:33,925 --> 00:35:37,071 the defendant utter something about blood and dirt. 752 00:35:37,095 --> 00:35:39,031 She was likely referring to the defendant's use 753 00:35:39,055 --> 00:35:41,575 of the phrase "blood and soil," a racial dog whist... 754 00:35:41,599 --> 00:35:45,413 Objection, Ms. Lasky never mentioned the word "soil." 755 00:35:45,437 --> 00:35:47,289 Her recollection was vague. 756 00:35:47,313 --> 00:35:49,709 We have a right to raise the possibility. 757 00:35:49,733 --> 00:35:51,919 I agree. Overruled. 758 00:35:51,943 --> 00:35:54,130 You may proceed, Mr. Price. 759 00:35:54,154 --> 00:35:56,382 Isn't it true that "blood and soil" 760 00:35:56,406 --> 00:35:57,883 is a Nazi reference 761 00:35:57,907 --> 00:36:01,595 to a racially uniform society? 762 00:36:01,619 --> 00:36:03,389 It means you're proud of who you are 763 00:36:03,413 --> 00:36:04,640 and where you come from. 764 00:36:04,664 --> 00:36:09,103 And for you, that means being white. 765 00:36:11,087 --> 00:36:12,106 Yes. 766 00:36:16,343 --> 00:36:18,821 You taught the defendant how to fight, correct? 767 00:36:18,845 --> 00:36:20,573 - Yes. - Teach him how to put someone 768 00:36:20,597 --> 00:36:22,825 in a choke hold? - Yes. 769 00:36:22,849 --> 00:36:25,536 Did you teach the defendant to hate Black people? 770 00:36:25,560 --> 00:36:26,787 Objection! 771 00:36:26,811 --> 00:36:28,706 Withdrawn. 772 00:36:28,730 --> 00:36:30,690 Nothing further. 773 00:36:33,193 --> 00:36:37,298 Mr. Kovac, did you ever discuss race with Mr. Arnou? 774 00:36:37,322 --> 00:36:38,382 No. 775 00:36:38,406 --> 00:36:40,468 Have you ever heard Mr. Arnou say 776 00:36:40,492 --> 00:36:42,428 "blood and soil"? - No. 777 00:36:42,452 --> 00:36:46,682 Ellis Joyner was 6'2" and weighed 210 pounds, 778 00:36:46,706 --> 00:36:49,894 50 pounds more than Mr. Arnou. 779 00:36:49,918 --> 00:36:53,230 As a self-defense expert, do you think it was reasonable 780 00:36:53,254 --> 00:36:54,774 for Mr. Arnou 781 00:36:54,798 --> 00:36:58,444 to believe Joyner posed a lethal threat? 782 00:36:58,468 --> 00:36:59,695 Absolutely. 783 00:36:59,719 --> 00:37:02,281 Thank you. 784 00:37:02,305 --> 00:37:03,824 No further questions. 785 00:37:09,020 --> 00:37:12,291 Brandon Arnou is an elementary-school teacher, 786 00:37:12,315 --> 00:37:16,128 who's never gotten so much as a speeding ticket. 787 00:37:16,152 --> 00:37:18,339 He did not wake up that morning 788 00:37:18,363 --> 00:37:21,467 thinking about taking another person's life. 789 00:37:21,491 --> 00:37:25,805 He did not get on that train looking for a fight. 790 00:37:25,829 --> 00:37:30,476 But when he saw a fellow citizen being attacked, 791 00:37:30,500 --> 00:37:33,479 he stepped up. 792 00:37:33,503 --> 00:37:35,422 He did something. 793 00:37:37,590 --> 00:37:39,527 I live in Park Slope. 794 00:37:39,551 --> 00:37:42,989 I take the subway every day to this courthouse, 795 00:37:43,013 --> 00:37:47,493 and I take it home every night. 796 00:37:47,517 --> 00:37:50,079 And I pray 797 00:37:50,103 --> 00:37:54,041 that if something were ever to happen, 798 00:37:54,065 --> 00:37:58,337 someone like Brandon Arnou 799 00:37:58,361 --> 00:38:00,947 is on that train with me. 800 00:38:05,452 --> 00:38:08,055 Rebecca Lasky heard the defendant 801 00:38:08,079 --> 00:38:11,600 screaming something about blood and dirt. 802 00:38:11,624 --> 00:38:13,519 Most likely 803 00:38:13,543 --> 00:38:16,564 what he was screaming was "blood and soil," 804 00:38:16,588 --> 00:38:20,526 as a phrase that speaks to a declaration of hatred 805 00:38:20,550 --> 00:38:23,946 for all people of color. 806 00:38:23,970 --> 00:38:26,949 Ask yourself why. 807 00:38:26,973 --> 00:38:30,870 People like Mr. Arnou keep their bigotry buttoned up. 808 00:38:30,894 --> 00:38:33,372 They only discuss it 809 00:38:33,396 --> 00:38:36,625 with people they know share their hateful worldview. 810 00:38:36,649 --> 00:38:39,920 They rely on plausible deniability, 811 00:38:39,944 --> 00:38:42,798 because if the racism isn't overt, 812 00:38:42,822 --> 00:38:45,801 many people, 813 00:38:45,825 --> 00:38:49,013 many good people are all too happy 814 00:38:49,037 --> 00:38:51,057 to assume it isn't there. 815 00:38:51,081 --> 00:38:55,186 Except that, every once in a while, 816 00:38:55,210 --> 00:39:00,024 in moments of panic or... or anger 817 00:39:00,048 --> 00:39:01,901 their mask will slip, 818 00:39:01,925 --> 00:39:05,488 and their true nature is exposed. 819 00:39:07,514 --> 00:39:12,078 Ellis Joyner was an innocent, unarmed Black man, 820 00:39:12,102 --> 00:39:14,080 suffering a medical emergency. 821 00:39:14,104 --> 00:39:16,374 And the two white people on that train with him 822 00:39:16,398 --> 00:39:20,878 assumed he was a violent threat, 823 00:39:20,902 --> 00:39:24,423 and they attacked him. 824 00:39:24,447 --> 00:39:27,093 The defendant may not have entered the fight 825 00:39:27,117 --> 00:39:28,386 with the intention to kill, 826 00:39:28,410 --> 00:39:31,389 but at some point, his focus shifted, 827 00:39:31,413 --> 00:39:33,724 and his racial hate began to manifest. 828 00:39:33,748 --> 00:39:35,309 That moment 829 00:39:35,333 --> 00:39:38,980 was when the victim, Ellis Joyner, passed out, 830 00:39:39,004 --> 00:39:41,232 when he was no longer a threat to Mr. Arnou. 831 00:39:41,256 --> 00:39:43,776 And rather than release Mr. Joyner, 832 00:39:43,800 --> 00:39:45,903 Arnou continued to choke him 833 00:39:45,927 --> 00:39:49,115 for three minutes. 834 00:39:49,139 --> 00:39:53,452 That is when his true colors emerged. 835 00:39:53,476 --> 00:39:55,788 That 836 00:39:55,812 --> 00:39:59,875 is when he murdered Ellis Joyner. 837 00:40:10,076 --> 00:40:12,888 {\an8}Mr. Foreperson, has the jury reached a verdict? 838 00:40:12,912 --> 00:40:14,581 {\an8}We have, Your Honor. 839 00:40:16,499 --> 00:40:19,145 In the charge of murder in the second degree, 840 00:40:19,169 --> 00:40:21,814 we find the defendant, Brandon Arnou, 841 00:40:21,838 --> 00:40:23,149 not guilty. 842 00:40:23,173 --> 00:40:24,900 What the... 843 00:40:24,924 --> 00:40:26,652 Yeah, baby. 844 00:40:26,676 --> 00:40:29,947 Members of the jury, we thank you for your service. 845 00:40:43,568 --> 00:40:47,798 Tough case, but you did a hell of a job. 846 00:40:47,822 --> 00:40:49,884 Thanks. 847 00:40:49,908 --> 00:40:52,345 It might have gone differently if I 848 00:40:52,369 --> 00:40:55,723 if I didn't have one hand tied behind my back. 849 00:40:55,747 --> 00:40:57,767 We did the best that we could. 850 00:40:57,791 --> 00:41:00,019 No, we could have done better. 851 00:41:00,043 --> 00:41:04,148 We just chose not to, for the greater good. 852 00:41:04,172 --> 00:41:06,817 I stand by my decision. 853 00:41:06,841 --> 00:41:08,861 Hey! There he is. 854 00:41:08,885 --> 00:41:11,030 And one day soon, 855 00:41:11,054 --> 00:41:13,532 when we take these bastards down 856 00:41:13,556 --> 00:41:16,786 and roll up their whole damn racist organization, 857 00:41:16,810 --> 00:41:20,373 you're gonna realize it was the right decision as well. 858 00:41:27,070 --> 00:41:29,715 Ellis Joyner deserved better. 859 00:41:33,618 --> 00:41:36,138 - All right, man. - All right, man, come on. 64499

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