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(narrator)In the criminaljustice system,
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00:00:25,225 --> 00:00:27,386
the people are representedby two separate
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00:00:27,460 --> 00:00:29,189
yet equally important groups:
4
00:00:29,262 --> 00:00:31,127
The policewho investigate crime...
5
00:00:31,197 --> 00:00:33,893
and the district attorneyswho prosecute the offenders.
6
00:00:33,967 --> 00:00:35,457
These are their stories.
7
00:00:36,169 --> 00:00:37,932
Put me down
for $10 on the Expos.
8
00:00:38,004 --> 00:00:40,165
(male voice)Save some for groceries,big shot.
9
00:00:40,240 --> 00:00:42,606
I know, I know,
Allie's been on my case.
10
00:00:43,009 --> 00:00:44,738
The baby's due in three weeks.
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00:00:44,811 --> 00:00:47,371
(male voice)Well, tell her you'reinvestir in his future.
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00:00:47,447 --> 00:00:48,505
Yeah, you tell her.
13
00:00:48,581 --> 00:00:50,981
Hey, I got me a bad Ford.
14
00:00:51,051 --> 00:00:53,611
(male voice)Yeah? I got a Mercedes.
15
00:00:53,820 --> 00:00:55,811
Watch out for that grille,
man.
16
00:00:55,889 --> 00:00:56,548
(male voice)Too late, man.
17
00:00:56,589 --> 00:00:58,386
I alreadytook out a headlight.
18
00:00:59,626 --> 00:01:00,718
This piece of crap,
19
00:01:00,794 --> 00:01:03,285
bust out a headlight,
it's an improvement.
20
00:01:11,871 --> 00:01:13,771
Holy jeez.
21
00:01:16,976 --> 00:01:19,774
[Sirens wailing]
22
00:01:20,780 --> 00:01:22,611
I already told him what.
23
00:01:22,682 --> 00:01:24,877
Pop! Pop! Pop!
I don't know how many times.
24
00:01:24,951 --> 00:01:26,009
Like a car.
25
00:01:26,086 --> 00:01:27,246
What time was that?
26
00:01:27,320 --> 00:01:28,582
9:00 last night.
27
00:01:28,655 --> 00:01:30,350
Did you happen
to look out your window?
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00:01:30,423 --> 00:01:33,051
In this neighborhood,
you don't wanna look too much.
29
00:01:33,126 --> 00:01:35,993
Thank you, Mrs. Pinsker.
The officer'll see you home.
30
00:01:36,062 --> 00:01:39,225
Oh, don't bother. It would
just attract attention.
31
00:01:39,399 --> 00:01:40,627
[Dog yelping]
32
00:01:41,234 --> 00:01:42,963
Tapped twice
in the lower back.
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00:01:43,036 --> 00:01:46,199
Eyes cloudy, rigor's set in.
Say, 10 hours.
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00:01:46,906 --> 00:01:49,704
Garland Booker, 21 years old.
35
00:01:50,477 --> 00:01:53,105
323 West 140th. $10.
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00:01:53,880 --> 00:01:56,849
Plastic from Alexander's.
Maybe his balance was overdue.
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00:01:56,916 --> 00:01:58,907
Creditors are jumpy
these days.
38
00:01:59,285 --> 00:02:00,718
Two entry wounds in the back.
39
00:02:00,787 --> 00:02:03,255
I doubt
the shooter was under the car.
40
00:02:03,323 --> 00:02:06,156
Okay, so Mr. Booker got shot
somewhere out here,
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00:02:06,493 --> 00:02:09,121
climbed into his car
to bleed to death.
42
00:02:09,195 --> 00:02:11,959
Keys were on the floor. Maybe
he tried to start the car.
43
00:02:12,132 --> 00:02:14,623
What, he was gonna
drive himself to the hospital?
44
00:02:14,701 --> 00:02:17,602
Sergeant, looks like
somebody sprung a leak.
45
00:02:17,670 --> 00:02:19,433
[People chattering]
46
00:02:20,507 --> 00:02:22,270
[Man murmuring]
47
00:02:41,895 --> 00:02:44,295
(Logan)
Oh, yeah. A double-header.
48
00:02:45,098 --> 00:02:46,656
(cop)
Big deal with a big gun.
49
00:02:46,733 --> 00:02:49,224
Looks like
he crawled in here and died.
50
00:02:53,072 --> 00:02:54,937
Cecil Booker, 27.
51
00:02:56,376 --> 00:02:58,810
Somebody's
pruning the family tree.
52
00:04:22,795 --> 00:04:24,626
[Phone ringing]
These guys were brothers?
53
00:04:24,697 --> 00:04:26,494
Oh, yeah,
chalk one up for genetics.
54
00:04:26,566 --> 00:04:28,261
Cecil was in for robbery,
55
00:04:28,334 --> 00:04:30,427
possession with intent,
two assaults.
56
00:04:30,503 --> 00:04:34,496
Garland, grand theft auto,
burglary, assault, possession.
57
00:04:34,907 --> 00:04:36,306
Mom must be very proud.
58
00:04:36,376 --> 00:04:38,469
The birth canal's not
the only thing they shared.
59
00:04:38,544 --> 00:04:40,136
They were both killed
by a.38.
60
00:04:40,213 --> 00:04:41,578
Uh, and Cecil's.45?
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00:04:41,648 --> 00:04:42,706
Minus two bullets.
62
00:04:42,782 --> 00:04:44,272
Oh, great.
So we had a firefight
63
00:04:44,350 --> 00:04:45,749
right in the middle
of Dodge,
64
00:04:45,818 --> 00:04:46,910
and nobody saw anything.
65
00:04:46,986 --> 00:04:48,248
Businesses were still closed.
66
00:04:48,321 --> 00:04:50,414
We're gonna hit the
neighborhood this afternoon.
67
00:04:50,490 --> 00:04:51,548
Well, that'd be helpful.
68
00:04:51,624 --> 00:04:53,558
While you're at it,
maybe you could find out
69
00:04:53,626 --> 00:04:54,786
what these two uptown boys
70
00:04:54,861 --> 00:04:56,522
were doing downtown
on Thursday night.
71
00:04:56,596 --> 00:04:58,427
28th and Lex,
it's a hot corner.
72
00:04:58,498 --> 00:05:00,159
What do you think,
a drug buy gone bad?
73
00:05:00,233 --> 00:05:01,996
Cecil had a crack pipe
in his pocket.
74
00:05:02,068 --> 00:05:03,592
They both had priors.
75
00:05:03,670 --> 00:05:05,035
What about the car?
76
00:05:05,405 --> 00:05:09,341
It's registered
to a Laticia Ramis.
77
00:05:10,643 --> 00:05:12,270
Girlfriend? Wife?
78
00:05:13,112 --> 00:05:15,012
Garland didn't do no drugs.
79
00:05:15,081 --> 00:05:17,879
He had himself a real job.
He was a courier.
80
00:05:17,950 --> 00:05:19,577
(Logan)
What about this stuff?
81
00:05:19,652 --> 00:05:22,086
Did it fall off
his delivery truck?
82
00:05:23,122 --> 00:05:25,488
You always blame us first
when there's trouble.
83
00:05:25,558 --> 00:05:28,789
My Garland got killed.
You don't care.
84
00:05:29,095 --> 00:05:30,858
We care about
why he was downtown
85
00:05:30,930 --> 00:05:32,659
last night with his brother.
86
00:05:32,965 --> 00:05:34,694
Cecil owed him money.
87
00:05:35,668 --> 00:05:38,296
He said if Garland goes
with him, he'd pay him back.
88
00:05:38,371 --> 00:05:39,633
Pay him back how?
89
00:05:39,706 --> 00:05:41,264
Cecil just said
he knew a place
90
00:05:41,341 --> 00:05:43,571
where he could
get all the jack he needed.
91
00:05:43,643 --> 00:05:45,543
You didn't ask him
for particulars?
92
00:05:46,713 --> 00:05:48,510
How about what you suspected?
93
00:05:48,848 --> 00:05:51,646
I don't know.
Cecil always talked big.
94
00:05:51,718 --> 00:05:54,915
He said he had a connection,
this man he did time with.
95
00:05:55,154 --> 00:05:56,746
A name, Laticia?
96
00:05:58,624 --> 00:06:01,889
Marvin. Marvin Welles.
97
00:06:03,830 --> 00:06:05,855
Garland didn't know
what it was about,
98
00:06:05,932 --> 00:06:08,025
or else he would've told me.
99
00:06:09,702 --> 00:06:12,466
Cecil owed everybody.
He owed me.
100
00:06:12,972 --> 00:06:14,633
You a savings and loan?
101
00:06:14,707 --> 00:06:16,902
You know
what kind of business I'm in.
102
00:06:16,976 --> 00:06:19,103
You're damn right.
I'm just waitir for an excuse
103
00:06:19,178 --> 00:06:20,702
to toss this apartment.
104
00:06:20,780 --> 00:06:22,805
Cleanir lady's
already been here.
105
00:06:22,882 --> 00:06:24,679
I'm spic and span.
106
00:06:24,751 --> 00:06:25,877
Cecil.
107
00:06:27,553 --> 00:06:29,453
Was he your partner?
108
00:06:29,522 --> 00:06:31,080
Not for a long time.
109
00:06:31,157 --> 00:06:33,057
Profits had a way
of goir up in smoke
110
00:06:33,126 --> 00:06:34,616
when he was around.
111
00:06:34,694 --> 00:06:35,991
[Woman shouting]
112
00:06:36,162 --> 00:06:38,960
Look, everybody knows
Cecil was no kind of player.
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00:06:39,198 --> 00:06:41,894
Only buyir he did
was for his own head.
114
00:06:43,770 --> 00:06:45,328
How much was he into you for?
115
00:06:45,405 --> 00:06:47,805
Enough that
it wouldn't pay to kill him.
116
00:06:50,810 --> 00:06:55,873
Marvin, do you have a gun?
117
00:06:55,948 --> 00:06:58,815
I'm a felon, man. On parole.
118
00:06:59,419 --> 00:07:02,115
If I was gonna use a piece,
I'd make it a throw-away.
119
00:07:02,221 --> 00:07:04,485
Of course, you're welcome
to get a warrant.
120
00:07:04,557 --> 00:07:06,422
Maybe we will, Marvin.
121
00:07:07,093 --> 00:07:08,321
Anytime.
122
00:07:11,063 --> 00:07:13,691
(Cerreta)
Mr. Rhee, what time did you close last night?
123
00:07:13,966 --> 00:07:15,558
8:00, I'm gone.
124
00:07:15,701 --> 00:07:17,100
8:00? And you didn't see
125
00:07:17,170 --> 00:07:19,195
the blue Ford parked
right out in front here?
126
00:07:19,272 --> 00:07:21,866
No. These guys, they're dead?
127
00:07:21,941 --> 00:07:23,704
(Logan)
As doornails.
128
00:07:24,243 --> 00:07:25,437
Good.
129
00:07:26,913 --> 00:07:28,574
They're bad dudes.
130
00:07:28,648 --> 00:07:30,081
You go around the corner,
131
00:07:30,149 --> 00:07:32,515
you could see them
selling dope all day.
132
00:07:32,752 --> 00:07:34,083
These two?
133
00:07:34,153 --> 00:07:36,883
These guys, other guys.
They're all bad.
134
00:07:37,023 --> 00:07:39,787
No, no, not other guys,
these guys.
135
00:07:39,859 --> 00:07:41,622
You ever seen them before?
136
00:07:41,694 --> 00:07:43,685
Sure, they come in here
all the time
137
00:07:43,763 --> 00:07:45,890
to get their suits pressed.
138
00:07:47,033 --> 00:07:49,399
Only one reason
people like that come in here:
139
00:07:49,469 --> 00:07:51,198
To take my money.
140
00:07:51,471 --> 00:07:52,870
You've had problems?
141
00:07:53,372 --> 00:07:55,863
No problem. Just a solution.
142
00:07:59,178 --> 00:08:01,373
(Costas)
What, do you think I, uh, sit around,
143
00:08:01,447 --> 00:08:03,312
watch people walk by
on the street all day?
144
00:08:03,382 --> 00:08:05,009
Your sign says
you're open till 9:00.
145
00:08:05,084 --> 00:08:07,382
Yeah, you got a big net,
you catch more fish.
146
00:08:07,453 --> 00:08:08,852
How were they bitir
last night?
147
00:08:08,921 --> 00:08:10,855
Not good. I close at 8:00.
148
00:08:10,923 --> 00:08:15,087
Uh, it's a tough street. L... I
make a big investment here.
149
00:08:15,161 --> 00:08:16,753
You mean like the fresh paint?
150
00:08:16,829 --> 00:08:19,593
Yeah, new paint,
new sign, new alarm.
151
00:08:19,665 --> 00:08:21,064
The insurance company,
152
00:08:21,133 --> 00:08:23,192
every time somebody
gets robbed on the street,
153
00:08:23,269 --> 00:08:24,429
they... they double us.
154
00:08:24,504 --> 00:08:27,871
I do everything they say, but,
uh, still they... they raise me.
155
00:08:27,974 --> 00:08:29,703
I work hard to be a success,
you know.
156
00:08:29,775 --> 00:08:31,572
Not like these bums.
Excuse me.
157
00:08:31,844 --> 00:08:33,311
[Door opening]
158
00:08:34,146 --> 00:08:35,204
[Sighing]
159
00:08:35,281 --> 00:08:37,078
Another "no see, no hear."
160
00:08:37,149 --> 00:08:40,050
The neighborhood watch
must have skipped this block.
161
00:08:40,152 --> 00:08:42,746
There's a lot of merchandise
here won'th stealing.
162
00:08:42,855 --> 00:08:45,187
Cecil was talkir about
payir back his debts.
163
00:08:45,258 --> 00:08:47,624
His sheet included
armed robbery.
164
00:08:48,427 --> 00:08:49,553
Mr. Costas?
165
00:08:57,336 --> 00:08:59,361
(Cerreta)
Do you own a gun?
166
00:08:59,605 --> 00:09:02,301
What, are you gonna make us
call the License Division?
167
00:09:02,375 --> 00:09:03,842
Yeah, okay, I got a gun.
168
00:09:03,910 --> 00:09:06,777
I also got a right to
bear arms. Second Amendment.
169
00:09:07,346 --> 00:09:08,643
What kind of gun?
170
00:09:08,814 --> 00:09:09,838
.38.
171
00:09:10,750 --> 00:09:12,547
The gun and the permit,
please.
172
00:09:15,254 --> 00:09:16,881
[Sirens wailing]
173
00:09:17,023 --> 00:09:18,149
[Door opening]
174
00:09:31,571 --> 00:09:33,436
Christine.
That's your wife, huh?
175
00:09:33,673 --> 00:09:36,437
Yeah. No, uh, green card
until three months ago.
176
00:09:36,509 --> 00:09:38,409
No green card, no permit.
177
00:09:38,678 --> 00:09:39,804
So she obliged?
178
00:09:39,879 --> 00:09:41,744
Yes, she,
uh, works in the store also.
179
00:09:41,814 --> 00:09:43,076
She keeps the books.
180
00:09:43,149 --> 00:09:45,481
Everybody in this neighborhood
has a gun.
181
00:09:45,551 --> 00:09:47,246
We need for protection.
182
00:09:47,954 --> 00:09:49,251
We'd like your gun.
183
00:09:49,355 --> 00:09:50,754
Oh, yeah, right.
184
00:09:50,890 --> 00:09:52,858
What am I going to do
with no gun?
185
00:09:52,959 --> 00:09:55,018
Call 911. That's your receipt.
186
00:09:55,595 --> 00:09:56,926
Thank you.
187
00:09:57,897 --> 00:10:00,832
These babies didn't come
from your Mr. Costas' gun.
188
00:10:01,000 --> 00:10:02,297
It's the same caliber,
189
00:10:02,368 --> 00:10:05,769
but the slugs are right-fives
and the gurs a right-six.
190
00:10:06,072 --> 00:10:07,596
Sorry, fellows.
191
00:10:09,909 --> 00:10:11,740
If you were scared
of beir robbed,
192
00:10:11,811 --> 00:10:14,279
would you keep your gun
squirreled away in the back?
193
00:10:14,347 --> 00:10:16,406
Unless
I wanted early retirement, no.
194
00:10:16,482 --> 00:10:17,574
Me, neither.
195
00:10:17,650 --> 00:10:19,379
Helen,
what's the number for Permits?
196
00:10:19,452 --> 00:10:20,851
Speed-dial, three.
197
00:10:22,788 --> 00:10:24,983
What's his wife's name again?
198
00:10:25,825 --> 00:10:28,089
No. No.
We sold that other gun.
199
00:10:29,929 --> 00:10:32,397
Mr. Costas, you are
testing our faith in humanity.
200
00:10:32,798 --> 00:10:34,595
Okay, am I under arrest?
201
00:10:34,934 --> 00:10:37,869
I know my rights,
from citizens' class.
202
00:10:38,037 --> 00:10:40,267
You're not under arrest, okay?
203
00:10:40,473 --> 00:10:43,408
Now, the paint job,
wherd you do it?
204
00:10:43,476 --> 00:10:44,909
Last weekend.
205
00:10:44,977 --> 00:10:47,411
No. It smells
a little fresher than that.
206
00:10:47,580 --> 00:10:49,639
When we start diggir
under this paint,
207
00:10:49,715 --> 00:10:51,808
what are we going to find?
Bullets?
208
00:10:52,685 --> 00:10:55,085
[Speaking in Greek]
209
00:10:58,457 --> 00:11:00,618
All right. All right.
210
00:11:02,361 --> 00:11:03,919
They had guns.
211
00:11:04,930 --> 00:11:07,558
I think we'd all be more
comfortable at the station.
212
00:11:07,633 --> 00:11:10,431
Okay, fine.
I want to cooperate. Let's go.
213
00:11:13,539 --> 00:11:17,737
This one, he comes in first,
about 8:30.
214
00:11:18,177 --> 00:11:21,578
He tries on Piaget,
Ebel, Can'tier.
215
00:11:22,148 --> 00:11:24,343
He says to me,
"Nice watch, little man."
216
00:11:24,417 --> 00:11:26,112
I knew
he was going to take it.
217
00:11:26,185 --> 00:11:27,209
So he tried to steal it?
218
00:11:27,286 --> 00:11:28,844
No, he just left.
219
00:11:29,155 --> 00:11:31,623
About 9:00,
he comes back with this one.
220
00:11:31,824 --> 00:11:33,314
You let them in?
221
00:11:33,392 --> 00:11:34,984
They were in the cage.
222
00:11:35,061 --> 00:11:37,120
The big one,
he takes out his gun.
223
00:11:37,396 --> 00:11:40,229
What choice?
I buzzed them in.
224
00:11:41,167 --> 00:11:43,192
Did you think about
runnir in the back?
225
00:11:43,269 --> 00:11:45,100
What, I am Superman?
226
00:11:45,371 --> 00:11:47,430
These sons of a bitches
had a gun.
227
00:11:47,506 --> 00:11:49,167
I should just
let them kill me?
228
00:11:49,241 --> 00:11:51,937
No one is suggesting that,
Mr. Costas. Please go on.
229
00:11:52,211 --> 00:11:53,974
So, you buzzed them in.
230
00:11:54,447 --> 00:11:56,847
My gun,
l... I keep it by the button.
231
00:11:56,916 --> 00:11:59,783
So, you let them in,
then you went for your gun?
232
00:11:59,885 --> 00:12:03,184
I don't want to shoot anybody,
but they were in my store.
233
00:12:03,255 --> 00:12:06,122
My store. I have
a right to self-defense.
234
00:12:06,425 --> 00:12:08,791
Can you tell us exactly
what you did then?
235
00:12:10,296 --> 00:12:12,560
They shoot at me,
I shoot back.
236
00:12:12,631 --> 00:12:13,757
I killed them.
237
00:12:14,600 --> 00:12:16,795
How'd the bodies get outside?
238
00:12:17,069 --> 00:12:19,367
They ran out there.
They died there.
239
00:12:20,306 --> 00:12:23,400
Mr. Costas, why didn't you
call the police right away?
240
00:12:23,542 --> 00:12:27,273
I know. I know it was wrong.
But you don't understand.
241
00:12:28,714 --> 00:12:30,272
Goetz, I remember Goetz.
242
00:12:30,349 --> 00:12:32,647
Big hero,
then you put him in jail.
243
00:12:32,718 --> 00:12:34,185
The circumstances
were different.
244
00:12:34,253 --> 00:12:35,811
That's what you say.
245
00:12:35,921 --> 00:12:37,718
But lmmigration,
what will they say?
246
00:12:37,790 --> 00:12:39,417
I am not a citizen.
247
00:12:39,492 --> 00:12:41,653
I got the card,
I go to the classes,
248
00:12:41,794 --> 00:12:44,592
but till I swear in front
of the flag, it's nothing.
249
00:12:44,663 --> 00:12:45,687
Nothing.
250
00:12:45,765 --> 00:12:48,131
For six years,
I work to get here.
251
00:12:48,567 --> 00:12:52,298
Now I lose everything because
these bastards want to rob me?
252
00:12:54,240 --> 00:12:56,606
Granted, the cover-up
doesn't work in his favor,
253
00:12:56,675 --> 00:12:59,143
but in his shoes, what
does a guy off the boat know?
254
00:12:59,245 --> 00:13:01,270
Enough to blow smoke
in our face for a day-and-a-half.
255
00:13:01,347 --> 00:13:03,406
Well, what about his story?
Does it walk and talk?
256
00:13:03,482 --> 00:13:05,916
With a limp and an accent.
But after what he's been through,
257
00:13:05,985 --> 00:13:08,476
you can expect this guy to be
a little fuzzy on the details.
258
00:13:08,554 --> 00:13:12,115
Okay, work the store. Maybe
the "I's" will dot themselves.
259
00:13:13,659 --> 00:13:14,990
[Voices on wireless]
260
00:13:15,094 --> 00:13:16,789
Two.45s from Cecil.
261
00:13:17,496 --> 00:13:18,963
Three.38s from Costas.
262
00:13:19,031 --> 00:13:21,431
Not to mention the three
we dug out of the Bookers.
263
00:13:21,500 --> 00:13:23,866
One of these must be the one
that went through Garland.
264
00:13:23,969 --> 00:13:25,834
That makes a total of six.
265
00:13:25,905 --> 00:13:28,373
Which means
Costas emptied his gun.
266
00:13:29,542 --> 00:13:33,239
Now, he could have retreated
and ducked behind the counter.
267
00:13:33,779 --> 00:13:35,770
Even Carl Lewis
can't outrun a bullet.
268
00:13:35,848 --> 00:13:37,372
So, he chooses
to step to the buzzer,
269
00:13:37,449 --> 00:13:38,780
which is right
next to his gun...
270
00:13:38,851 --> 00:13:40,182
another life choice.
271
00:13:40,319 --> 00:13:42,287
He figures
he's too young to die.
272
00:13:42,354 --> 00:13:44,686
He does what he's told.
Lets them in.
273
00:13:45,591 --> 00:13:47,821
[Buzzing]
274
00:13:49,495 --> 00:13:51,690
So, he's gonna wait
till they get in the store
275
00:13:51,764 --> 00:13:52,822
and then shoot 'em?
276
00:13:52,898 --> 00:13:55,458
I doubt
if he was thinking it through.
277
00:13:57,536 --> 00:13:59,504
I don't think he had to.
278
00:13:59,872 --> 00:14:01,703
[Cage door closing]
279
00:14:03,409 --> 00:14:05,434
He said he buzzed them in,
280
00:14:05,644 --> 00:14:07,874
shootir starts, they run out.
281
00:14:08,214 --> 00:14:10,546
What did he do, buzz them out?
282
00:14:12,184 --> 00:14:13,811
Maybe one of 'em
held it open.
283
00:14:13,886 --> 00:14:15,717
That's not what he told us.
284
00:14:16,021 --> 00:14:17,750
He never let them in, Phil.
285
00:14:17,823 --> 00:14:20,587
He went right for his gun.
Fish in a barrel.
286
00:14:21,026 --> 00:14:23,358
They were stuck
in the damn cage.
287
00:14:28,234 --> 00:14:30,759
(clerk)
"Docket number 774-124.
288
00:14:30,870 --> 00:14:33,065
People versus
George R. Costas."
289
00:14:33,172 --> 00:14:36,539
The charges are two counts of
murder in the second degree.
290
00:14:36,842 --> 00:14:38,605
Give us a plea, Mr. Costas.
291
00:14:38,811 --> 00:14:40,403
Not guilty, Judge.
292
00:14:40,846 --> 00:14:42,507
Your Honor,
in view of the severity
293
00:14:42,581 --> 00:14:43,980
of the crimes charged,
294
00:14:44,049 --> 00:14:46,347
the State asks for bail
in the amount of $750,000.
295
00:14:46,418 --> 00:14:47,783
That's fine.
Let's skip the trial
296
00:14:47,853 --> 00:14:49,514
and go right
to the sentencing.
297
00:14:49,588 --> 00:14:51,351
Mr. Costas
controls an inventory
298
00:14:51,423 --> 00:14:52,720
of well over $1 million.
299
00:14:52,791 --> 00:14:55,351
That's retail, Your Honor,
most of it on consignment.
300
00:14:55,427 --> 00:14:57,622
The actual cash value
of my client's assets...
301
00:14:57,730 --> 00:15:01,257
Please, Mr. Drakos, this is
not Benny's Bargain House.
302
00:15:03,135 --> 00:15:04,830
Claims justifiable homicide.
303
00:15:04,904 --> 00:15:07,372
Mr. Robinette, what's the
outlook on pleading this out?
304
00:15:07,439 --> 00:15:09,373
The People are still
reviewing the evidence.
305
00:15:09,441 --> 00:15:11,136
We aren't prepared to
make an offer yet.
306
00:15:11,210 --> 00:15:12,370
What is there to review?
307
00:15:12,444 --> 00:15:13,911
Your case
is like a bad haircut.
308
00:15:13,979 --> 00:15:15,640
Before you waste
the taxpayers' money,
309
00:15:15,714 --> 00:15:17,978
try to work something out
with Mr. Drakos.
310
00:15:18,050 --> 00:15:19,039
Your Honor...
311
00:15:19,118 --> 00:15:21,348
Bail is set at $100,000. Next.
312
00:15:21,687 --> 00:15:24,053
It doesn't matter
how we slice and dice him.
313
00:15:24,123 --> 00:15:25,954
The jury won't buy him
as a vigilante.
314
00:15:26,058 --> 00:15:27,218
They'll buy him as a killer
315
00:15:27,293 --> 00:15:29,454
once they know
he lied to the police at every pass.
316
00:15:29,528 --> 00:15:31,257
Last time
he had his face in the papers,
317
00:15:31,330 --> 00:15:33,093
gang-bangers
tried to kill him.
318
00:15:33,165 --> 00:15:34,393
The jury might conclude,
319
00:15:34,466 --> 00:15:37,094
covering up his involvement
this time wasrt unreasonable.
320
00:15:37,169 --> 00:15:38,761
We can point out
it's not unreasonable
321
00:15:38,837 --> 00:15:40,395
as a function of guilt,
either.
322
00:15:40,472 --> 00:15:42,770
A jury'll expect
more than rhetoric.
323
00:15:43,108 --> 00:15:45,474
Grand jury
found it convincing enough.
324
00:15:45,911 --> 00:15:48,436
Yeah, 13 out of 23 isn't
exactly a ringing endorsement.
325
00:15:48,847 --> 00:15:50,940
Are we gonna step on
the bodies and keep walking?
326
00:15:50,983 --> 00:15:52,951
This is the second
and third person he's killed.
327
00:15:53,018 --> 00:15:55,987
Self-defense doesn't allow you
to kill somebody.
328
00:15:56,088 --> 00:15:58,784
Only to keep yourself
from being killed.
329
00:15:59,124 --> 00:16:02,491
It also doesn't leave room
for prosecutorial suicide.
330
00:16:03,095 --> 00:16:04,528
[Phone ringing]
331
00:16:08,867 --> 00:16:10,266
What if Cerreta's right?
332
00:16:10,336 --> 00:16:13,328
Garland was about to attack
Costas with a crowbar?
333
00:16:14,106 --> 00:16:15,767
Try it the other way around,
Paul.
334
00:16:15,841 --> 00:16:18,571
Maybe Garland
was acting in self-defense.
335
00:16:20,245 --> 00:16:21,303
[Scoffing]
336
00:16:21,380 --> 00:16:23,974
Garland and his brother
were the initial aggressors.
337
00:16:24,049 --> 00:16:25,778
No way
he could claim self-defense.
338
00:16:25,851 --> 00:16:27,113
He could
the minute he withdrew
339
00:16:27,186 --> 00:16:28,585
from the first encounter.
340
00:16:28,654 --> 00:16:30,622
After that, he was at the car.
341
00:16:30,689 --> 00:16:33,624
And it's inconceivable that
Costas could mistake the fact
342
00:16:33,692 --> 00:16:35,557
that Garland
was trying to get away.
343
00:16:35,627 --> 00:16:37,891
Now, I don't mind
people getting accolades
344
00:16:37,963 --> 00:16:39,123
for legitimate self-defense,
345
00:16:39,164 --> 00:16:42,463
but an executioner?
Someone who kills two people,
346
00:16:42,534 --> 00:16:45,332
and then complains
about his insurance rates?
347
00:16:45,404 --> 00:16:46,735
For people like him,
348
00:16:46,805 --> 00:16:48,966
maybe that's the cost
of doing business these days.
349
00:16:49,041 --> 00:16:51,669
He says he did everything
to lower his insurance rates.
350
00:16:51,744 --> 00:16:53,939
My homeowner's policy
gives discounts
351
00:16:54,013 --> 00:16:55,913
for having security devices.
352
00:16:58,350 --> 00:17:01,183
It says here all he had
was a security cage.
353
00:17:01,587 --> 00:17:03,282
If he was so concerned
about his safety,
354
00:17:03,355 --> 00:17:04,788
why didn't he have the works?
355
00:17:04,857 --> 00:17:06,347
He says he did.
356
00:17:07,292 --> 00:17:09,783
Security device
covers a lot of ground.
357
00:17:09,862 --> 00:17:11,557
Could be a camera,
could be a dog,
358
00:17:11,630 --> 00:17:13,188
could even be a deadbolt.
359
00:17:13,265 --> 00:17:14,357
For a $200 discount?
360
00:17:14,433 --> 00:17:16,094
Is that what his policy says
he got?
361
00:17:16,168 --> 00:17:18,193
Each quarter,
starting last year.
362
00:17:18,270 --> 00:17:22,502
There he is. Costas, George.
100628th.
363
00:17:22,708 --> 00:17:25,040
Put in a security cage
two years ago.
364
00:17:25,511 --> 00:17:29,379
Last November, he got a Tracon
Five surveillance system.
365
00:17:29,448 --> 00:17:31,916
One camera, one 48-hour
continuous tape machine.
366
00:17:31,984 --> 00:17:34,316
Our investigators didn't
find evidence of a camera.
367
00:17:34,386 --> 00:17:36,445
Do you have
a proof of purchase?
368
00:17:45,164 --> 00:17:47,792
Installed by
Fortas Electronics, Fort Lee,
369
00:17:47,866 --> 00:17:49,356
New Jersey, November 15.
370
00:17:49,435 --> 00:17:50,766
Help yourself to the copier.
371
00:17:50,836 --> 00:17:52,133
Thanks.
372
00:17:53,472 --> 00:17:56,270
How the hell do I know
if he had a camera?
373
00:17:56,875 --> 00:17:59,070
I've been to his store twice.
374
00:17:59,378 --> 00:18:01,539
What do I have,
a photographic brain?
375
00:18:01,613 --> 00:18:03,547
Maybe this'll jog your memory.
376
00:18:03,615 --> 00:18:06,311
According to this,
he bought the camera from you.
377
00:18:08,921 --> 00:18:11,856
George is family.
He wanted to save a few bucks.
378
00:18:11,924 --> 00:18:15,018
He needed a piece of paper,
I gave it to him. So what?
379
00:18:15,461 --> 00:18:17,395
The "what"
is insurance fraud, sir.
380
00:18:17,463 --> 00:18:18,487
A D felony.
381
00:18:18,564 --> 00:18:20,691
If you can prove it,
slap his wrist.
382
00:18:20,766 --> 00:18:21,994
What the hell is this?
383
00:18:22,067 --> 00:18:24,558
A bill of indictment.
Accomplice to murder two.
384
00:18:24,636 --> 00:18:26,831
I'm allowed to present
my side to the grand jury.
385
00:18:26,905 --> 00:18:28,099
I haven't filed yet.
386
00:18:28,173 --> 00:18:30,266
We can walk down
to the grand jury room.
387
00:18:30,342 --> 00:18:32,435
If I find your prints
on that camera, Mr. Fortas,
388
00:18:32,511 --> 00:18:34,274
that's what you'll be facing.
389
00:18:36,849 --> 00:18:38,043
[Whispering]
390
00:18:44,022 --> 00:18:45,353
All right.
391
00:18:45,924 --> 00:18:48,256
I sold him the camera,
like the paper says.
392
00:18:48,427 --> 00:18:50,520
Was it working
the night of the robbery?
393
00:18:50,596 --> 00:18:52,120
Yeah, I guess so.
394
00:18:53,398 --> 00:18:54,922
He called me right after.
395
00:18:55,000 --> 00:18:56,695
Asked me
if he should get rid of it.
396
00:18:56,768 --> 00:18:57,996
Of what?
397
00:18:59,371 --> 00:19:00,633
The tape.
398
00:19:01,573 --> 00:19:03,302
I told him, "George,
399
00:19:03,375 --> 00:19:06,173
take the freaking camera down
and talk to a lawyer."
400
00:19:06,378 --> 00:19:08,039
He got hysterical.
401
00:19:08,547 --> 00:19:11,482
He'd already seen his wife
nearly get killed.
402
00:19:13,118 --> 00:19:15,882
Those people,
they drove him to this.
403
00:19:17,556 --> 00:19:19,456
Which people are those?
404
00:19:22,194 --> 00:19:23,559
Poor stiff.
405
00:19:24,296 --> 00:19:26,526
He should have
stayed in Crete.
406
00:19:27,499 --> 00:19:29,592
Unless you produce the tape,
Mr. Costas,
407
00:19:29,668 --> 00:19:31,898
you've bought yourself
a ferry ride to Riker's.
408
00:19:31,970 --> 00:19:33,631
Cancel the reservation, Ben.
409
00:19:33,705 --> 00:19:36,003
My client's made no admission
there ever was a tape.
410
00:19:36,074 --> 00:19:38,668
He already has.
To his brother-in-law.
411
00:19:38,911 --> 00:19:40,173
And if you destroyed it,
412
00:19:40,245 --> 00:19:41,712
that's tampering
with evidence.
413
00:19:41,813 --> 00:19:45,442
That's small potatoes, but it
could get your bail revoked.
414
00:19:46,418 --> 00:19:47,851
I have the tape.
415
00:19:48,120 --> 00:19:49,917
I advised
against destroying it.
416
00:19:49,988 --> 00:19:52,718
We don't need to tamper with
evidence to make the case.
417
00:19:52,891 --> 00:19:54,586
Don't expect
a pat on the back.
418
00:19:54,660 --> 00:19:57,220
I'll send a messenger over
to pick it up.
419
00:20:19,218 --> 00:20:21,083
(Logan)
So much for the ticker-tape parade.
420
00:20:21,153 --> 00:20:23,018
Well, I'll tell ya',
If I were on the jury,
421
00:20:23,088 --> 00:20:25,352
I'm not sure
which side I'd come down on.
422
00:20:25,424 --> 00:20:26,891
I think it's self-evident.
423
00:20:26,959 --> 00:20:29,951
He reloads and he goes outside
to finish off Garland Booker.
424
00:20:30,062 --> 00:20:31,324
I don't see that on there.
425
00:20:31,396 --> 00:20:33,523
He goes outside.
That's as far as it goes.
426
00:20:33,599 --> 00:20:36,159
(Stone)
We can infer what happened outside from the evidence.
427
00:20:36,235 --> 00:20:37,998
An ME's report
and slim ballistics?
428
00:20:38,070 --> 00:20:40,163
You'd never buy that
as evidence from us.
429
00:20:40,239 --> 00:20:42,571
(Stone)
Oh, not without the statements Costas made to you.
430
00:20:42,641 --> 00:20:43,903
(Cerreta)
What statements?
431
00:20:43,976 --> 00:20:46,604
He never said anything about
shooting anybody outside.
432
00:20:46,712 --> 00:20:47,974
He covered up. He lied.
433
00:20:48,046 --> 00:20:50,310
Lies show
consciousness of guilt.
434
00:20:52,884 --> 00:20:54,681
The jury might never hear it.
435
00:20:54,953 --> 00:20:56,318
Motion to suppress.
436
00:20:56,622 --> 00:20:58,852
Covers the statements
he made to the police
437
00:20:58,924 --> 00:21:01,358
and all evidence
derived therefrom.
438
00:21:01,593 --> 00:21:04,858
When you first interviewed
Costas at the station,
439
00:21:05,998 --> 00:21:07,431
did you Mirandize him?
440
00:21:07,733 --> 00:21:10,327
No. He wasrt in custody.
441
00:21:10,736 --> 00:21:12,169
He says he was.
442
00:21:16,975 --> 00:21:18,840
He was asked to come
to the precinct.
443
00:21:18,910 --> 00:21:21,344
He was placed
in a coercive environment.
444
00:21:21,413 --> 00:21:22,903
He was questioned
by the police
445
00:21:22,981 --> 00:21:24,448
for one-and-a-half hours.
446
00:21:24,516 --> 00:21:27,280
The court of appeals has
a word for that. "Custody."
447
00:21:27,352 --> 00:21:28,819
And custody means Miranda.
448
00:21:28,920 --> 00:21:30,820
Mr. Costas
was not under arrest.
449
00:21:30,889 --> 00:21:32,379
He was free to leave
at any time.
450
00:21:32,457 --> 00:21:34,948
Your Honor, the test is
what any reasonable person
451
00:21:35,027 --> 00:21:37,188
in my client's position
would have thought.
452
00:21:37,262 --> 00:21:40,288
A person who is unfamiliar
with the laws of this country.
453
00:21:40,365 --> 00:21:43,027
A person who was already
questioned by the police.
454
00:21:43,135 --> 00:21:45,467
A person who voluntarily
accompanied the officers
455
00:21:45,537 --> 00:21:46,834
to the station house,
456
00:21:46,905 --> 00:21:48,236
a person
who was not in custody,
457
00:21:48,307 --> 00:21:50,298
and not entitled
to Miranda warnings.
458
00:21:50,375 --> 00:21:53,139
That might satisfy
the Supreme Court, Mr. Stone,
459
00:21:53,211 --> 00:21:55,805
but the state of New York
takes a more generous view
460
00:21:55,881 --> 00:21:58,714
of the protections of counsel
awarded a defendant.
461
00:21:58,850 --> 00:22:01,216
I'm going to grant
your motion, Mr. Drakos.
462
00:22:01,320 --> 00:22:04,289
The statements Mr. Costas made
to the police are suppressed.
463
00:22:04,356 --> 00:22:06,347
Your Honor, the tape
was discovered as a result
464
00:22:06,425 --> 00:22:08,552
of my client's statements
to the police.
465
00:22:08,627 --> 00:22:10,595
Spontaneous
pre-custodial statements
466
00:22:10,662 --> 00:22:14,359
made before the police had
reason to suspect Mr. Costas.
467
00:22:14,466 --> 00:22:16,991
They even have signed
affidavits to that effect.
468
00:22:17,069 --> 00:22:19,037
I've read them. I agree.
469
00:22:19,438 --> 00:22:21,497
The statements go,
the rest stays.
470
00:22:23,208 --> 00:22:25,472
Well, so much
for the thousand words.
471
00:22:25,777 --> 00:22:28,541
Better hope
the picture speaks for itself.
472
00:22:31,183 --> 00:22:32,411
Look, the bottom line is,
473
00:22:32,484 --> 00:22:34,247
the Bookers
never got out of the cage.
474
00:22:34,319 --> 00:22:36,184
Our Mr. Costas jumped the gun.
475
00:22:36,254 --> 00:22:37,585
Miss manners never said
476
00:22:37,656 --> 00:22:39,590
you have to give the bad guys
a head start.
477
00:22:39,658 --> 00:22:41,990
Not to mention
a couple of slugs behind the counter
478
00:22:42,060 --> 00:22:43,994
makes a good argument
for self-defense.
479
00:22:44,062 --> 00:22:45,086
What does Costas say?
480
00:22:45,163 --> 00:22:46,755
He denies
they were still in the cage
481
00:22:46,832 --> 00:22:48,026
when the shooting started.
482
00:22:48,100 --> 00:22:50,125
The more he tells us,
the longer his nose gets.
483
00:22:50,202 --> 00:22:53,035
Haitians aren't the only ones
afraid of the INS.
484
00:22:53,105 --> 00:22:56,199
His concern over his
citizenship could be genuine.
485
00:22:56,375 --> 00:22:59,037
I'll start presentations
to the grand jury,
486
00:22:59,111 --> 00:23:01,102
but I'll delay the vote
until you guys
487
00:23:01,179 --> 00:23:03,340
give me something
one way or the other.
488
00:23:03,415 --> 00:23:04,643
See you.
All right.
489
00:23:04,716 --> 00:23:06,308
[Phone ringing]
490
00:23:09,254 --> 00:23:12,451
Well, he stays open
longer than anybody else,
491
00:23:12,758 --> 00:23:16,194
he's got two guns,
he's got a cage.
492
00:23:16,495 --> 00:23:18,986
Maybe he figures he'll
field the first foul ball
493
00:23:19,064 --> 00:23:20,554
that comes through the door.
494
00:23:20,632 --> 00:23:22,293
You take him
for Charlie Bronson?
495
00:23:22,367 --> 00:23:23,664
Everybody's got a role model.
496
00:23:23,735 --> 00:23:26,863
Yeah, well, a witness might be
a little more useful.
497
00:23:27,105 --> 00:23:29,938
You say he keeps one of the
guns in the back of the store?
498
00:23:30,041 --> 00:23:32,168
That's where his wife
does the books.
499
00:23:32,244 --> 00:23:34,644
Uh-huh.
And she has Thursdays off?
500
00:23:36,248 --> 00:23:38,273
They have a saying in Greece:
501
00:23:38,517 --> 00:23:41,975
"The one who doesn't stand up,
others bury alive."
502
00:23:42,287 --> 00:23:43,720
[Child talking]
503
00:23:43,789 --> 00:23:45,256
So as far as you're concerned,
504
00:23:45,323 --> 00:23:46,984
your husband
did the right thing?
505
00:23:47,058 --> 00:23:49,492
As far as everybody
on that street is concerned.
506
00:23:49,561 --> 00:23:51,529
It's not like
you were there to protect him.
507
00:23:51,596 --> 00:23:53,860
Could you tell us what you
were doing Thursday night?
508
00:23:53,932 --> 00:23:56,423
I was visiting my parents
in Jersey.
509
00:23:56,735 --> 00:23:58,726
Look,
we're not the criminals here.
510
00:23:58,904 --> 00:24:00,735
Mrs. Costas, justified or not,
511
00:24:00,806 --> 00:24:02,501
your husband
did kill two people.
512
00:24:02,574 --> 00:24:04,166
Do you see us celebrating?
513
00:24:04,242 --> 00:24:07,177
You people are hounding him
like he did something wrong.
514
00:24:07,245 --> 00:24:08,974
He had to defend himself.
515
00:24:09,047 --> 00:24:11,481
You don't know what it's like,
this business.
516
00:24:11,550 --> 00:24:13,882
Go downtown, talk
to the merchants on our block.
517
00:24:13,952 --> 00:24:15,214
We all look out
for each other.
518
00:24:15,287 --> 00:24:17,050
Now, that's because of George.
519
00:24:17,122 --> 00:24:19,750
He and the Koreans
organized everybody.
520
00:24:20,158 --> 00:24:23,355
Down there,
we know who the criminals are.
521
00:24:25,297 --> 00:24:27,162
(Logan)
Makes me feel all warm inside
522
00:24:27,232 --> 00:24:28,961
to know that
some well-armed yahoos
523
00:24:29,034 --> 00:24:30,626
are keeping our streets safe.
524
00:24:30,735 --> 00:24:32,794
Isn't self-reliance
supposed to be a virtue?
525
00:24:32,871 --> 00:24:34,702
Maybe they take
the mutual protection oath
526
00:24:34,773 --> 00:24:36,001
one step further.
527
00:24:36,107 --> 00:24:39,008
The dry cleaner, he looks like
he'd be pretty handy with a paintbrush.
528
00:24:39,077 --> 00:24:40,567
He said he closed at 8:00,
remember?
529
00:24:40,645 --> 00:24:42,738
Come on. By the time
he turns off the machine,
530
00:24:42,814 --> 00:24:45,510
counts up the day's receipts,
it's maybe 8:30, 9:00.
531
00:24:45,584 --> 00:24:48,144
Just in time to see his
pal Costas get in trouble.
532
00:24:48,220 --> 00:24:49,710
[Horn honking]
533
00:24:55,360 --> 00:24:57,760
Everybody was gone at 8:00.
534
00:24:57,829 --> 00:25:00,389
Mr. Rhee, covering up a crime
makes you an accessory.
535
00:25:00,465 --> 00:25:02,092
I'm no accessory.
536
00:25:02,300 --> 00:25:05,030
But if I'd been there,
I would have helped.
537
00:25:05,103 --> 00:25:06,832
The police don't help us.
538
00:25:06,938 --> 00:25:09,998
With people like Mr. Costas,
we don't worry so much.
539
00:25:10,108 --> 00:25:11,132
He's a hero.
540
00:25:11,209 --> 00:25:13,074
Shooting down two guys
in a cage?
541
00:25:13,144 --> 00:25:14,702
You give medals for that
around here?
542
00:25:14,779 --> 00:25:16,474
George knows
how to handle those bums.
543
00:25:16,548 --> 00:25:18,106
He did it in Fort Lee.
544
00:25:18,183 --> 00:25:19,582
He did what?
545
00:25:19,651 --> 00:25:22,814
He showed us pictures.
Newspaper pictures.
546
00:25:23,355 --> 00:25:25,585
He didn't show us
any pictures.
547
00:25:26,992 --> 00:25:29,187
Maybe you can tell us
about Fort Lee.
548
00:25:29,327 --> 00:25:32,023
He had a store there.
That's all I know.
549
00:25:34,132 --> 00:25:36,259
Some guys, they got a cloud
over their heads.
550
00:25:36,334 --> 00:25:38,359
Like that guy in Li'I Abner,
what's his name?
551
00:25:38,436 --> 00:25:40,301
George Costas.
Him, too.
552
00:25:40,372 --> 00:25:41,669
Guy was open less than a year
553
00:25:41,740 --> 00:25:43,537
when three kids
do a smash-and-grab on him.
554
00:25:43,608 --> 00:25:45,200
Are robbery's so unusual
in Fort Lee?
555
00:25:45,277 --> 00:25:46,676
No. But eight months later,
556
00:25:46,745 --> 00:25:49,111
some cracked-up mutt walks in
with a sawed-off.
557
00:25:49,180 --> 00:25:51,842
This time Costas drops him.
One shot. We get there,
558
00:25:51,917 --> 00:25:54,715
the mutt has a one-lane tunnel
through his forehead.
559
00:25:54,786 --> 00:25:57,812
Costas is sitting there
with a "Look what I done, Ma" grin on his face.
560
00:25:57,889 --> 00:25:58,878
You file charges?
561
00:25:58,957 --> 00:26:00,481
For what? Lack of remorse?
562
00:26:00,559 --> 00:26:02,026
You're talkir about
a local hero.
563
00:26:02,093 --> 00:26:03,754
Besides,
there was an eyewitness.
564
00:26:03,828 --> 00:26:05,853
Nick Fortas. Is that Greek?
565
00:26:05,931 --> 00:26:08,832
Brother-in-law.
Saw the whole thing go down.
566
00:26:09,534 --> 00:26:12,526
And brother-in-laws
don't have reasons to lie.
567
00:26:15,407 --> 00:26:17,568
(Nick)
First time, they took $8,000 in watches.
568
00:26:17,642 --> 00:26:19,439
I told George
what he could do about it.
569
00:26:19,511 --> 00:26:21,877
That wouldn't be voting
for more police, would it?
570
00:26:21,980 --> 00:26:23,504
For all the good that does.
571
00:26:23,582 --> 00:26:24,879
I took him down to the range,
572
00:26:24,950 --> 00:26:26,474
fixed him up
with an equalizer.
573
00:26:26,551 --> 00:26:28,746
Never fired a gun before
in his life.
574
00:26:28,853 --> 00:26:31,378
In Greece, they got weapons
laws up the ying-yang.
575
00:26:31,456 --> 00:26:33,515
Nice to know we live
in a civilized country.
576
00:26:33,592 --> 00:26:34,923
You're damn right.
577
00:26:34,993 --> 00:26:36,324
Anyway, this Saturday,
578
00:26:36,394 --> 00:26:38,692
this gorilla walks in,
tries to rip him off.
579
00:26:38,763 --> 00:26:40,492
George puts one
between the eyebrows,
580
00:26:40,565 --> 00:26:42,192
just like I taught him.
581
00:26:43,401 --> 00:26:45,460
According to the report,
you were in the store
582
00:26:45,537 --> 00:26:46,970
when the robbery occurred.
583
00:26:47,205 --> 00:26:49,002
I was in the back,
putting in a computer.
584
00:26:49,074 --> 00:26:51,565
So you never saw
the actual shooting?
585
00:26:51,910 --> 00:26:54,105
I saw what needed to be seen.
586
00:26:54,579 --> 00:26:55,944
You talk to him this week?
587
00:26:56,014 --> 00:26:57,242
Sure, we're family.
588
00:26:57,315 --> 00:26:58,805
So he told you what happened.
589
00:26:58,883 --> 00:26:59,975
What is it with you guys?
590
00:27:00,051 --> 00:27:02,349
Somebody does your job for
you, you jump all over him?
591
00:27:02,420 --> 00:27:04,445
Look, Mr. Fortas,
we're only concerned because
592
00:27:04,522 --> 00:27:06,581
some of the things
your brother-in-law told us
593
00:27:06,658 --> 00:27:07,647
don't add up.
594
00:27:07,726 --> 00:27:10,718
Like he never said word one
about the fireworks over here.
595
00:27:10,795 --> 00:27:14,322
You ask around here... every
small businessman I know,
596
00:27:14,399 --> 00:27:16,060
would do exactly
what George did.
597
00:27:16,167 --> 00:27:17,964
Present company included?
598
00:27:18,036 --> 00:27:19,503
Anyone tries to jack me up,
599
00:27:19,571 --> 00:27:21,630
they'll find out
in a heartbeat.
600
00:27:23,208 --> 00:27:24,402
He packs up his guns
601
00:27:24,476 --> 00:27:27,877
and moves across the river
to a target-rich environment.
602
00:27:27,946 --> 00:27:29,208
Doesrt sound like a guy
603
00:27:29,280 --> 00:27:30,941
looking for peace and quiet
to me.
604
00:27:31,016 --> 00:27:32,449
Try fame and fortune.
605
00:27:32,517 --> 00:27:34,815
Yeah, maybe
more than fame and fortune.
606
00:27:34,886 --> 00:27:37,081
The guy just got off
the red-eye from Athens.
607
00:27:37,155 --> 00:27:38,884
He's struggling
to make a buck.
608
00:27:38,957 --> 00:27:41,517
What's the first thing
that makes Amos famous?
609
00:27:41,593 --> 00:27:43,584
What, he figures if
shooting one guy paid off,
610
00:27:43,662 --> 00:27:45,527
shooting two
gets him a ticker-tape parade?
611
00:27:45,597 --> 00:27:47,497
He works late, he works alone.
612
00:27:47,832 --> 00:27:50,027
You think he was
a sitting duck by accident?
613
00:27:50,101 --> 00:27:51,227
Yes, I do.
614
00:27:51,302 --> 00:27:53,634
And I think you're breaking
a lot of rock over this guy.
615
00:27:53,705 --> 00:27:56,697
Guns, Phil. Everybody's
gotta have one, right?
616
00:27:56,941 --> 00:27:58,636
Smartest thing
my old man ever did was
617
00:27:58,710 --> 00:28:00,302
never bring
his service revolver home.
618
00:28:00,378 --> 00:28:02,778
But when he was on the job, he
was glad to have the weapon.
619
00:28:02,847 --> 00:28:04,337
Well, he was a beat cop.
620
00:28:04,416 --> 00:28:06,577
Well, do you think standir
behind a cash register
621
00:28:06,651 --> 00:28:08,278
in midtowrs
any less dangerous?
622
00:28:08,353 --> 00:28:09,980
The Booker brothers
didn't go in there
623
00:28:10,055 --> 00:28:12,216
to sing Happy Birthday to him.
624
00:28:18,163 --> 00:28:20,063
This seem right to you?
625
00:28:20,899 --> 00:28:23,094
It's Garland's
through-and-through.
626
00:28:23,301 --> 00:28:26,270
"Entry wound in posterior
lower left quadrant.
627
00:28:26,337 --> 00:28:27,929
Exit upper right."
628
00:28:28,073 --> 00:28:30,303
In near the kidney,
out the shoulder.
629
00:28:30,442 --> 00:28:31,773
[Phone ringing]
630
00:28:33,611 --> 00:28:34,669
[Sighing]
631
00:28:34,746 --> 00:28:36,873
That's an upward trajectory.
632
00:28:38,483 --> 00:28:41,748
How do you get one of those
runnir out of a store?
633
00:28:43,588 --> 00:28:45,351
I was going to get to this
in time.
634
00:28:45,423 --> 00:28:47,550
You think you've got
the only car in here?
635
00:28:47,625 --> 00:28:48,683
I got two drug busts
636
00:28:48,760 --> 00:28:50,694
and three vehicular homicides
ahead of you.
637
00:28:50,762 --> 00:28:53,697
Well, we certainly appreciate
all the time you can spare.
638
00:28:53,765 --> 00:28:55,699
You say he was laying flat
on the seat?
639
00:28:55,767 --> 00:28:58,531
He might've rolled up there
after he was shot.
640
00:28:58,603 --> 00:29:02,095
Right.
Then if he was down here,
641
00:29:03,007 --> 00:29:06,704
he was probably
searching for his keys.
642
00:29:08,046 --> 00:29:11,641
So, given
the loss of kinetic energy
643
00:29:12,684 --> 00:29:14,117
[clattering]
644
00:29:14,252 --> 00:29:16,345
And the residual velocity,
645
00:29:17,822 --> 00:29:19,016
[grunting]
646
00:29:19,424 --> 00:29:21,016
Your projectile
647
00:29:22,761 --> 00:29:25,025
winds up right here.
648
00:29:29,501 --> 00:29:30,763
(Cerreta)
The slug is a.38,
649
00:29:30,835 --> 00:29:33,201
but it's only a probable match
to Costas' gun.
650
00:29:33,271 --> 00:29:35,330
That would make seven slugs
from Costas.
651
00:29:35,406 --> 00:29:36,532
His gun holds six.
652
00:29:36,608 --> 00:29:37,666
He reloaded?
653
00:29:37,742 --> 00:29:39,573
He found Garland in the car.
654
00:29:39,644 --> 00:29:42,272
Garland was reaching down
for his keys.
655
00:29:42,413 --> 00:29:43,607
Costas shot him.
656
00:29:43,681 --> 00:29:44,875
Wait a minute.
657
00:29:44,949 --> 00:29:46,849
CSU found a crowbar
under the seat.
658
00:29:46,918 --> 00:29:48,579
Garland might've been
reaching for it.
659
00:29:48,653 --> 00:29:50,883
To do what, jump up and
take a piece out of Costas?
660
00:29:50,955 --> 00:29:52,081
Why not? He might've had
661
00:29:52,157 --> 00:29:53,715
a legitimate concern
for his safety.
662
00:29:53,792 --> 00:29:54,850
Phil, you'd feel that way
663
00:29:54,926 --> 00:29:56,393
whether there was a crowbar
or not.
664
00:29:56,461 --> 00:29:57,894
At any rate,
it doesn't matter.
665
00:29:57,962 --> 00:29:59,793
Once the Bookers
left the store,
666
00:29:59,864 --> 00:30:01,798
Costas had no right
to hunt them down.
667
00:30:01,866 --> 00:30:03,197
Not the way I read it.
668
00:30:03,268 --> 00:30:05,361
A private person may use
deadly force to effect
669
00:30:05,436 --> 00:30:07,700
the arrest of a person
who's committed a robbery.
670
00:30:07,772 --> 00:30:08,966
The justification defense
671
00:30:09,040 --> 00:30:10,598
covers officer-involved
shootings.
672
00:30:10,675 --> 00:30:12,142
Phil has investigated a few...
673
00:30:12,210 --> 00:30:13,234
Nineteen.
674
00:30:13,311 --> 00:30:16,178
...and found every
single one of them justified.
675
00:30:16,281 --> 00:30:17,441
All by statute.
676
00:30:17,849 --> 00:30:19,942
(Stone)
This statute says robbery.
677
00:30:20,451 --> 00:30:22,112
The Bookers
didn't take anything.
678
00:30:22,187 --> 00:30:23,484
There was no robbery.
679
00:30:23,555 --> 00:30:25,216
Costas had nothing to recover.
680
00:30:25,323 --> 00:30:27,757
Costas had no reason to be
out in the street with a gun
681
00:30:27,826 --> 00:30:29,623
unless he was looking
to shoot somebody.
682
00:30:29,694 --> 00:30:30,991
How could he have known
683
00:30:31,062 --> 00:30:32,791
they werert gonna come back
to kill him?
684
00:30:32,864 --> 00:30:34,798
Let's remember
that this man was the victim.
685
00:30:34,866 --> 00:30:37,061
No matter how bad
his situation looks,
686
00:30:37,135 --> 00:30:39,296
Costas did have other options.
687
00:30:39,370 --> 00:30:40,701
Deadly physical force
688
00:30:40,772 --> 00:30:43,138
shouldn't be the first club
out of the bag.
689
00:30:43,208 --> 00:30:44,937
We charge him,
murder two, two counts.
690
00:30:45,009 --> 00:30:47,136
What is it,
are we hard up for bad guys?
691
00:30:47,212 --> 00:30:48,201
You'd let him walk?
692
00:30:48,279 --> 00:30:49,303
At least on Cecil Booker.
693
00:30:49,380 --> 00:30:51,439
We'll let a grand jury
make that determination.
694
00:30:51,516 --> 00:30:53,279
Read him his rights.
695
00:31:01,259 --> 00:31:02,521
[Buzzing]
696
00:31:03,995 --> 00:31:05,792
Mr. Costas,
you mind coming out
697
00:31:05,864 --> 00:31:07,695
from behind the counter,
please?
698
00:31:07,765 --> 00:31:08,857
What do you want?
699
00:31:08,933 --> 00:31:10,457
Mr. Costas, please.
700
00:31:15,607 --> 00:31:17,472
(Logan)
You want to turn around, sir?
701
00:31:17,542 --> 00:31:19,635
What are you doing with him?
702
00:31:19,711 --> 00:31:21,576
George Costas,
you're under arrest
703
00:31:21,646 --> 00:31:24,376
for the murder of Garland
and Cecil Booker.
704
00:31:24,449 --> 00:31:26,417
You have the right
to remain silent.
705
00:31:26,484 --> 00:31:28,418
If you refuse that right,
706
00:31:28,519 --> 00:31:31,044
anything you do say can
and will be used against you
707
00:31:31,122 --> 00:31:33,147
in a court of law.
Do you understand that?
708
00:31:33,224 --> 00:31:34,213
Yes.
709
00:31:34,292 --> 00:31:35,953
You have the right
to an attorney.
710
00:31:36,995 --> 00:31:39,657
(female reporter)In the portion of tapereleased by his attorney,
711
00:31:39,731 --> 00:31:41,198
Mr. Costas is seenexchanging shots
712
00:31:41,266 --> 00:31:42,528
with his would-be robbers.
713
00:31:42,600 --> 00:31:45,592
Mr. Costas' lawyer claimsthe tape shows clearly...
714
00:31:47,071 --> 00:31:50,700
Every news director from here
to Albany ran it last night.
715
00:31:51,276 --> 00:31:53,471
Forwards, backwards,
slow motion.
716
00:31:54,746 --> 00:31:56,873
Costas is getting more play
than Zapruder.
717
00:31:56,948 --> 00:31:59,246
With only five seconds'
won'th of tape.
718
00:31:59,317 --> 00:32:02,013
If all the public sees is
what Drakos lets them see...
719
00:32:02,086 --> 00:32:04,554
Before it's over, they'll
make him king for a day.
720
00:32:04,622 --> 00:32:07,284
We can stake our own claims
on the hearts and minds of the jury.
721
00:32:07,358 --> 00:32:09,349
Yeah, you play
the rest of that tape
722
00:32:09,427 --> 00:32:11,452
and quicker than you can
press the stop button,
723
00:32:11,529 --> 00:32:12,928
Drakos'll be
in front of a judge
724
00:32:12,997 --> 00:32:14,589
arguing for a change of venue.
725
00:32:14,666 --> 00:32:16,361
He's already dumped toxins
in the well.
726
00:32:16,434 --> 00:32:18,834
The gun lobby
has canonized Goetz.
727
00:32:18,903 --> 00:32:20,996
They don't need
another martyr.
728
00:32:21,072 --> 00:32:22,869
You drop the charge
on Cecil Booker
729
00:32:22,941 --> 00:32:24,408
down to weapons violation,
730
00:32:24,475 --> 00:32:27,444
and you give Costas a plea
on Garland Booker.
731
00:32:30,081 --> 00:32:32,049
Man one, four to 12 years?
732
00:32:32,583 --> 00:32:34,676
Ben,
only criminals go to jail.
733
00:32:34,752 --> 00:32:37,550
What do you call someone who
executes people on the street?
734
00:32:37,622 --> 00:32:39,021
(Drakos)
An American hero.
735
00:32:39,090 --> 00:32:40,523
Once they entered the store,
736
00:32:40,591 --> 00:32:42,388
my client had every right
to shoot them.
737
00:32:42,460 --> 00:32:44,223
Garland Booker
was mortally wounded.
738
00:32:44,295 --> 00:32:45,785
It's unlikely
he walked 80 yards
739
00:32:45,863 --> 00:32:47,353
from the store to his car.
740
00:32:47,432 --> 00:32:49,798
Look, I get one store owner
on that jury,
741
00:32:49,867 --> 00:32:51,835
and the best you can hope for
is a mistrial.
742
00:32:51,903 --> 00:32:54,895
And you're willing to stake
your client's future on that?
743
00:32:54,973 --> 00:32:57,567
Mr. Costas,
four years at Bedford
744
00:32:57,642 --> 00:32:59,906
is a whole sight better
than 25-to-life at Attica.
745
00:32:59,978 --> 00:33:03,106
Oh, you want me to say it was
wrong for me to defend myself?
746
00:33:03,181 --> 00:33:04,978
He was reaching down
in the car.
747
00:33:05,049 --> 00:33:06,914
He could have had a gun there.
748
00:33:07,018 --> 00:33:09,680
[Speaking in Greek]
749
00:33:09,787 --> 00:33:11,618
Mr. Costas,
are you now admitting
750
00:33:11,689 --> 00:33:13,554
you shot Garland Booker
at the car?
751
00:33:13,624 --> 00:33:15,751
All right,
this meeting is over.
752
00:33:15,827 --> 00:33:18,295
You want to talk negligent
homicide, you call us.
753
00:33:18,363 --> 00:33:19,591
I don't want a deal.
754
00:33:19,664 --> 00:33:21,564
I am not going one day
in jail.
755
00:33:21,632 --> 00:33:22,621
George...
756
00:33:22,700 --> 00:33:25,828
I listen to you, to Nick.
It's enough. I am innocent.
757
00:33:26,270 --> 00:33:29,706
I know other cases like this,
in Baltimore, in Los Angeles.
758
00:33:29,774 --> 00:33:31,503
People like me,
they defend themselves,
759
00:33:31,576 --> 00:33:32,770
they don't go to jail.
760
00:33:32,844 --> 00:33:34,744
And that's not relevant, sir.
761
00:33:34,812 --> 00:33:37,042
You ask anybody on the street.
762
00:33:37,281 --> 00:33:39,977
They will tell you
what I did was right.
763
00:33:40,084 --> 00:33:42,382
Nobody protects us. Nobody.
764
00:33:42,453 --> 00:33:43,920
[Speaking in Greek]
765
00:33:44,822 --> 00:33:47,791
We'll let a jury decide
who the victim is.
766
00:33:47,959 --> 00:33:50,359
Two armed felons
or Mr. Costas.
767
00:33:52,196 --> 00:33:55,632
It's a closed shop, Adam.
Costas wants a trial.
768
00:33:55,700 --> 00:33:57,429
He has the better odds.
769
00:33:57,602 --> 00:34:01,265
Hung jury is a gift.
Call his lawyer.
770
00:34:01,639 --> 00:34:04,870
If we let him walk, we're
endorsing an armed populace
771
00:34:04,976 --> 00:34:07,308
that metes out justice
as they see fit.
772
00:34:07,478 --> 00:34:10,072
If we tried him and lose,
it's the same message.
773
00:34:10,615 --> 00:34:12,708
With our credibility
as an appetizer.
774
00:34:13,051 --> 00:34:15,246
Adam, I think
we're doing the right thing.
775
00:34:15,586 --> 00:34:17,247
Is that a refusal?
776
00:34:19,190 --> 00:34:20,521
Your call.
777
00:34:38,943 --> 00:34:40,638
In the sequence
we've just seen,
778
00:34:40,711 --> 00:34:44,306
did you measure the change
in position of the victims...
779
00:34:44,382 --> 00:34:46,111
while Mr. Costas fired?
780
00:34:46,250 --> 00:34:48,445
Yes. They moved six feet away
from Mr. Costas
781
00:34:48,519 --> 00:34:49,679
and out the door.
782
00:34:49,754 --> 00:34:51,915
And what conclusion
did you draw from that?
783
00:34:51,989 --> 00:34:55,015
The victims were in retreat
when Mr. Costas fired at them.
784
00:34:55,093 --> 00:34:57,527
The object in Mr. Costas'
left hand,
785
00:34:57,595 --> 00:34:59,222
could you identify it?
786
00:34:59,430 --> 00:35:01,728
That appears
to be an HKS Speedloader.
787
00:35:01,833 --> 00:35:04,961
It's used to quick-load
six rounds into the revolver.
788
00:35:05,203 --> 00:35:06,602
Thank you, Detective.
789
00:35:06,904 --> 00:35:10,101
From earlier testimony,
we learned that Garland Booker
790
00:35:10,174 --> 00:35:12,506
suffered a mortal wound
that entered his back.
791
00:35:12,577 --> 00:35:15,102
From the evidence, could you
determine how he received it?
792
00:35:15,179 --> 00:35:18,239
Yes, he was shot in the back
793
00:35:19,584 --> 00:35:22,417
while sitting in the driver's
seat, leaning down.
794
00:35:22,920 --> 00:35:24,820
And what object, if any,
did you find
795
00:35:24,889 --> 00:35:26,584
on the floor
under the dashboard?
796
00:35:26,657 --> 00:35:28,750
We found a pair of car keys.
797
00:35:28,826 --> 00:35:31,090
Did you find any objects
under the front seat?
798
00:35:31,162 --> 00:35:33,357
Yes. Candy wrappers,
two flares,
799
00:35:33,431 --> 00:35:35,729
and a crowbar approximately
12 inches in length.
800
00:35:35,833 --> 00:35:38,267
And where under the front seat
did you find the crowbar?
801
00:35:38,336 --> 00:35:40,668
Over on the passenger side,
toward the rear of the seat.
802
00:35:40,738 --> 00:35:43,172
Was it within reach
of someone behind the wheel?
803
00:35:43,241 --> 00:35:44,299
No.
804
00:35:44,375 --> 00:35:45,706
Thank you.
805
00:35:47,612 --> 00:35:49,705
Detective, you testified that
806
00:35:49,780 --> 00:35:52,271
when you saw the fresh paint
in my client's store,
807
00:35:52,350 --> 00:35:54,978
that you suspected that he
was the victim of a robbery.
808
00:35:55,052 --> 00:35:57,520
Did you have any other basis
for these suspicions?
809
00:35:57,588 --> 00:35:59,715
Yes. Cecil Booker's rap sheet
810
00:35:59,790 --> 00:36:01,883
had convictions for
armed robbery and assault.
811
00:36:01,959 --> 00:36:03,483
And Garland Booker's
rap sheet?
812
00:36:03,561 --> 00:36:04,960
Objection. Irrelevance.
813
00:36:05,029 --> 00:36:07,395
I'll allow it. Detective?
814
00:36:08,199 --> 00:36:09,666
Garland Booker had been
815
00:36:09,734 --> 00:36:13,932
convicted for grand theft
auto, burglary, and assault.
816
00:36:14,472 --> 00:36:16,940
And what was
the assault charge for?
817
00:36:17,008 --> 00:36:18,942
Mr. Booker was pulled over
in a stolen car
818
00:36:19,010 --> 00:36:20,637
while intoxicated.
819
00:36:20,778 --> 00:36:24,305
He then attacked the arresting
officer with a screwdriver.
820
00:36:24,582 --> 00:36:25,913
Thank you.
821
00:36:28,586 --> 00:36:30,076
(Costas)
No, they were not leaving.
822
00:36:30,154 --> 00:36:32,384
They were getting ready
to shoot again.
823
00:36:32,456 --> 00:36:34,253
(Drakos)
Why do you think that?
824
00:36:34,325 --> 00:36:37,692
The smaller one,
he was reaching behind him
825
00:36:38,396 --> 00:36:39,727
to his back pocket.
826
00:36:39,797 --> 00:36:42,322
Advance to frame 30-20
at half speed, please.
827
00:36:47,505 --> 00:36:51,100
There! There! Right there.
You see his hand?
828
00:36:51,175 --> 00:36:52,403
I thought he was armed.
829
00:36:52,476 --> 00:36:54,000
I thought
he was going for a gun.
830
00:36:54,078 --> 00:36:55,705
That's why I keep shooting.
831
00:36:55,780 --> 00:36:58,010
Now, when you left your store,
832
00:36:58,883 --> 00:37:01,078
what was going on
in your mind?
833
00:37:01,252 --> 00:37:03,516
These men,
they tried to kill me.
834
00:37:03,588 --> 00:37:05,055
They were dangerous.
835
00:37:05,122 --> 00:37:08,023
It was my duty as a citizen
to stop them.
836
00:37:08,226 --> 00:37:09,693
(Drakos)
What happened outside?
837
00:37:09,760 --> 00:37:12,024
The, uh,
big one was staggering.
838
00:37:12,096 --> 00:37:14,326
He disappeared
into a building.
839
00:37:14,899 --> 00:37:16,958
The other one was running.
840
00:37:17,034 --> 00:37:19,002
I saw him get into the car.
841
00:37:19,070 --> 00:37:20,162
What did you do?
842
00:37:20,271 --> 00:37:22,000
I yelled at him to stop,
843
00:37:22,073 --> 00:37:24,633
but he was grabbing
for something on the floor,
844
00:37:24,742 --> 00:37:27,336
so I shot to defend my life.
845
00:37:28,112 --> 00:37:31,013
Why didn't you call the police
after it was over?
846
00:37:31,115 --> 00:37:33,515
The first time, in Fort Lee,
847
00:37:33,618 --> 00:37:37,816
these animals tried
to kill my wife for revenge.
848
00:37:37,989 --> 00:37:40,082
I did not want that
to happen again.
849
00:37:40,157 --> 00:37:42,216
I was just trying
to do what was right.
850
00:37:42,293 --> 00:37:44,318
Always, just what was right.
851
00:37:45,263 --> 00:37:46,958
Where did you learn
what was right?
852
00:37:47,031 --> 00:37:48,828
In citizenship class.
853
00:37:49,400 --> 00:37:53,530
Where I come from, only
police and soldiers have guns.
854
00:37:53,638 --> 00:37:57,074
People like me cannot defend
ourselves from criminals.
855
00:37:57,308 --> 00:38:02,075
But here I learned everybody
has the right to bear arms,
856
00:38:02,680 --> 00:38:04,079
like the minuteman.
857
00:38:04,148 --> 00:38:05,809
L... I just follow
what I learned.
858
00:38:06,951 --> 00:38:08,282
Thank you.
859
00:38:11,489 --> 00:38:16,119
Mr. Costas, this threatening
movement that you spoke of...
860
00:38:17,428 --> 00:38:20,022
Cecil Booker and
the security cage
861
00:38:20,097 --> 00:38:22,531
are between you
and Garland Booker.
862
00:38:22,967 --> 00:38:25,231
In all this confusion
and all this shooting,
863
00:38:25,569 --> 00:38:27,799
how could you even
see that hand?
864
00:38:28,005 --> 00:38:30,303
On the camera,
everything looks different.
865
00:38:30,374 --> 00:38:32,808
To my eye, it looked like
he was going for a gun.
866
00:38:32,877 --> 00:38:35,072
He was wounded.
He was trying to get away.
867
00:38:35,146 --> 00:38:36,408
You found that threatening?
868
00:38:36,480 --> 00:38:37,742
I was scared.
869
00:38:37,815 --> 00:38:39,407
I thought
he was going to shoot me.
870
00:38:39,483 --> 00:38:42,008
So scared
that you ran out after him?
871
00:38:43,521 --> 00:38:45,648
The first time
that you were robbed,
872
00:38:45,723 --> 00:38:48,157
how did you feel,
scared or angry?
873
00:38:48,993 --> 00:38:50,085
Both.
874
00:38:50,361 --> 00:38:52,454
"Never again."
Isn't that what you thought?
875
00:38:52,530 --> 00:38:54,157
I work hard.
What do you expect?
876
00:38:54,231 --> 00:38:55,960
And you became an expert shot.
877
00:38:56,033 --> 00:38:57,057
Yes.
878
00:38:57,134 --> 00:38:59,830
And if the Booker brothers
ever came into your store,
879
00:38:59,904 --> 00:39:00,962
you'd be ready for 'em.
880
00:39:01,038 --> 00:39:02,903
I was going to
protect my business.
881
00:39:03,007 --> 00:39:04,668
How?
By hunting Garland Booker down
882
00:39:04,742 --> 00:39:06,141
and shooting him in the back?
883
00:39:06,210 --> 00:39:08,007
He was reaching in the car
for a weapon.
884
00:39:08,079 --> 00:39:09,671
He had a crowbar.
885
00:39:09,747 --> 00:39:11,772
Did you see the crowbar?
No.
886
00:39:11,849 --> 00:39:14,249
Did you see the keys
on the floor?
887
00:39:14,719 --> 00:39:15,913
It was self-defense.
888
00:39:15,986 --> 00:39:17,010
It was an execution.
889
00:39:17,088 --> 00:39:18,112
Objection!
890
00:39:18,189 --> 00:39:19,986
You have no right to say that!
891
00:39:20,057 --> 00:39:22,582
These people can come in
off the street and kill me?
892
00:39:22,693 --> 00:39:23,717
Not like you!
893
00:39:23,794 --> 00:39:24,920
Mr. Costas.
894
00:39:35,039 --> 00:39:36,472
It's voodoo lawyering.
895
00:39:36,540 --> 00:39:38,531
A blink becomes
a threatening gesture.
896
00:39:38,609 --> 00:39:39,735
Comes down to whether
897
00:39:39,810 --> 00:39:41,801
the jury believes their eyes
or their ears.
898
00:39:41,879 --> 00:39:44,245
Always think
you have a smoking gun,
899
00:39:44,348 --> 00:39:47,442
till the smoke blows
in your face.
900
00:39:47,551 --> 00:39:49,951
You think it was a mistake
to put in the tape?
901
00:39:50,020 --> 00:39:52,147
You play it once,
it's shocking.
902
00:39:52,590 --> 00:39:54,353
Ten times, interesting.
903
00:39:54,859 --> 00:39:58,090
A hundred times
and your precious tape becomes
904
00:39:58,162 --> 00:40:00,528
whatever the jury
wants to read into it.
905
00:40:00,598 --> 00:40:03,328
[Intercom buzzing]
Or for whatever the spin doctors tell them to.
906
00:40:03,401 --> 00:40:06,370
Costas killed a couple of
punks for mom and apple pie.
907
00:40:06,670 --> 00:40:08,069
[Intercom buzzing]
908
00:40:10,708 --> 00:40:13,472
A jury knows when it's being
sold a bill of goods,
909
00:40:13,544 --> 00:40:16,536
even if it is written in red,
white, and blue.
910
00:40:19,049 --> 00:40:21,643
Depends on the endorsement.
That was Cerreta.
911
00:40:21,852 --> 00:40:24,286
Costas' lawyer
just subpoenaed him.
912
00:40:25,022 --> 00:40:27,718
Detective Cerreta's testimony
can only be a rehash
913
00:40:27,792 --> 00:40:29,885
of what detective Logars
already testified to.
914
00:40:29,960 --> 00:40:31,222
Well, as I read his record,
915
00:40:31,295 --> 00:40:32,694
he's testified
in 19 proceedings
916
00:40:32,763 --> 00:40:34,594
as an expert
on the use of deadly force.
917
00:40:34,665 --> 00:40:36,030
In police shootings,
Your Honor.
918
00:40:36,100 --> 00:40:38,330
That's totally irrelevant.
Justification is justification,
919
00:40:38,402 --> 00:40:39,733
no matter
who pulls the trigger.
920
00:40:39,804 --> 00:40:42,739
Is it irrelevant that he found
all of those 19 shootings justified?
921
00:40:42,807 --> 00:40:44,468
The state of New York
has qualified him
922
00:40:44,542 --> 00:40:46,567
as an expert before,
Mr. Stone.
923
00:40:46,644 --> 00:40:49,340
I see no reason
to break with tradition.
924
00:40:54,185 --> 00:40:55,709
[Phone ringing]
925
00:40:57,788 --> 00:41:01,155
Ben, I was not looking
to get subpoenaed.
926
00:41:01,258 --> 00:41:03,988
But I want you to know, so
there's no misunderstanding.
927
00:41:04,094 --> 00:41:06,562
If he asks my opinion,
I will not perjure myself.
928
00:41:06,630 --> 00:41:08,962
As long as you understand
that when he shot those men
929
00:41:09,033 --> 00:41:12,332
he wasrt wearing a uniform
and he couldn't act under the color of authority.
930
00:41:12,403 --> 00:41:14,098
In other words,
if he were a cop
931
00:41:14,171 --> 00:41:15,934
you would not have indicted.
932
00:41:19,410 --> 00:41:21,378
So as a result
of your investigation
933
00:41:21,445 --> 00:41:23,208
and your viewing
the videotape,
934
00:41:23,280 --> 00:41:25,612
have you formed an opinion
about the shooting? Yes.
935
00:41:25,683 --> 00:41:28,413
Detective Cerreta,
limiting your answer
936
00:41:28,486 --> 00:41:30,511
only to the acts
viewed on the videotape,
937
00:41:30,588 --> 00:41:34,217
in your opinion,
do Mr. Costas' actions
938
00:41:34,291 --> 00:41:37,351
constitute a justifiable use
of deadly force?
939
00:41:38,362 --> 00:41:39,954
Only his actions on the tape?
940
00:41:40,030 --> 00:41:41,395
Right. Do they constitute
941
00:41:41,465 --> 00:41:43,592
a justifiable use
of deadly force?
942
00:41:44,168 --> 00:41:45,658
In my opinion,
943
00:41:46,136 --> 00:41:50,095
Mr. Costas' actions
on the tape were justified
944
00:41:50,274 --> 00:41:52,936
under Section 35-15,
Subdivision Two,
945
00:41:53,010 --> 00:41:54,910
Paragraph B of the Penal Code.
946
00:41:54,979 --> 00:41:57,675
Now, finally, Detective,
a hypothetical.
947
00:41:58,148 --> 00:41:59,672
Would a police officer
948
00:41:59,750 --> 00:42:02,150
confronting an armed robbery
suspect,
949
00:42:02,520 --> 00:42:04,488
be justified
in fearing for his life?
950
00:42:06,457 --> 00:42:08,220
I would have to say yes.
951
00:42:09,260 --> 00:42:10,591
Thank you.
952
00:42:12,329 --> 00:42:16,197
Uh, Detective, how long have
you been in law enforcement?
953
00:42:16,667 --> 00:42:17,861
23 years.
954
00:42:18,102 --> 00:42:21,594
And how often have you fired
your gun in the line of duty?
955
00:42:22,006 --> 00:42:23,837
I've never had occasion to.
956
00:42:23,908 --> 00:42:25,535
Are you familiar
with the New York
957
00:42:25,609 --> 00:42:27,770
City Police Department
guidelines
958
00:42:27,845 --> 00:42:29,710
on the use of physical
deadly force?
959
00:42:29,914 --> 00:42:30,972
Yes.
960
00:42:31,315 --> 00:42:34,443
And if you were confronted
with a suspect
961
00:42:34,518 --> 00:42:37,715
who was reaching for something
that might be a gun,
962
00:42:37,821 --> 00:42:40,517
what would you do
according to these guidelines?
963
00:42:42,626 --> 00:42:44,491
I would not
discharge my revolver
964
00:42:44,562 --> 00:42:47,122
until I saw a weapon
in the suspect's hand.
965
00:42:48,499 --> 00:42:50,262
And if you saw a citizen
966
00:42:50,334 --> 00:42:53,394
running down the street
with a gun, chasing someone,
967
00:42:53,470 --> 00:42:55,131
what would you do?
968
00:42:57,808 --> 00:42:59,935
I would probably arrest him.
969
00:43:00,344 --> 00:43:01,868
Thank you, sir.
970
00:43:05,549 --> 00:43:07,574
Every law-abiding citizen
has the right
971
00:43:07,651 --> 00:43:09,846
to reasonably defend himself
from imminent harm.
972
00:43:09,920 --> 00:43:11,751
That's what the law says.
973
00:43:11,855 --> 00:43:13,379
The law also says
974
00:43:13,724 --> 00:43:16,352
that a citizen may not use
deadly force
975
00:43:16,427 --> 00:43:19,692
if he can retreat
with complete safety.
976
00:43:20,331 --> 00:43:22,390
Now, not reasonable safety,
977
00:43:22,700 --> 00:43:26,568
not probable safety,
but complete safety.
978
00:43:28,872 --> 00:43:30,965
Mr. Costas was endangered
979
00:43:31,041 --> 00:43:33,305
the minute that Cecil
and Garland Booker
980
00:43:33,377 --> 00:43:35,038
walked into his store.
981
00:43:35,112 --> 00:43:37,103
Just look at the gun
in Cecil Booker's hand.
982
00:43:37,181 --> 00:43:39,308
A fully loaded
.45 semi-automatic.
983
00:43:40,150 --> 00:43:43,415
Comply or resist, those
were my client's choices.
984
00:43:43,654 --> 00:43:45,713
And in his world,
that's no choice at all.
985
00:43:45,789 --> 00:43:49,225
Look what happened to the
storeowners in Los Angeles.
986
00:43:49,560 --> 00:43:52,757
George Costas didn't give in
to those hoodlums.
987
00:43:53,097 --> 00:43:54,758
He stood his grounds,
988
00:43:55,499 --> 00:43:56,989
as was his right.
989
00:44:00,504 --> 00:44:03,166
George Costas
fired the first shot.
990
00:44:04,108 --> 00:44:05,666
He kept shooting,
991
00:44:05,943 --> 00:44:09,140
even after the Bookers
had retreated from the store.
992
00:44:09,213 --> 00:44:11,943
And after they were gone,
what did he do?
993
00:44:12,249 --> 00:44:15,047
A reasonable man
would have phoned 911.
994
00:44:15,986 --> 00:44:17,112
A reasonable man
995
00:44:17,187 --> 00:44:19,052
would've stayed
in the safety of his store
996
00:44:19,123 --> 00:44:21,057
and waited for the police.
997
00:44:21,492 --> 00:44:23,357
But not George Costas.
998
00:44:24,795 --> 00:44:26,456
He wanted revenge.
999
00:44:27,998 --> 00:44:30,023
And maybe he wanted glory.
1000
00:44:31,135 --> 00:44:33,831
But the minute
he crossed his threshold,
1001
00:44:34,304 --> 00:44:36,795
to kill Garland Booker,
1002
00:44:37,875 --> 00:44:40,503
he stepped far beyond
where the law
1003
00:44:40,577 --> 00:44:43,137
allows the use
of physical deadly force.
1004
00:44:43,313 --> 00:44:45,281
He became the aggressor.
1005
00:44:46,250 --> 00:44:47,512
And it doesn't matter
1006
00:44:47,584 --> 00:44:50,109
what kind of life
Garland Booker led.
1007
00:44:50,754 --> 00:44:52,847
What matters to this courtroom
1008
00:44:53,090 --> 00:44:55,888
is the manner
in which that life was ended.
1009
00:44:57,461 --> 00:44:59,224
Finally,
you must ask yourself,
1010
00:44:59,296 --> 00:45:01,161
do you want to live in a city
1011
00:45:01,231 --> 00:45:02,960
where an ordinary citizen
1012
00:45:03,033 --> 00:45:06,799
is allowed to run the streets
with a gun,
1013
00:45:07,271 --> 00:45:10,434
looking for someone
on whom to wreak vengeance?
1014
00:45:11,742 --> 00:45:14,040
Someone
he might mistake you for.
1015
00:45:20,217 --> 00:45:21,809
(Judge)
Have you reached a verdict?
1016
00:45:21,885 --> 00:45:23,477
Yes, we have, Your Honor.
1017
00:45:23,554 --> 00:45:25,249
As to the first count
in the indictment
1018
00:45:25,322 --> 00:45:27,483
murder in the second degree
of Cecil Booker,
1019
00:45:27,558 --> 00:45:29,150
how does the jury find?
1020
00:45:29,293 --> 00:45:30,487
Not guilty.
1021
00:45:30,994 --> 00:45:32,621
[People murmuring]
1022
00:45:33,997 --> 00:45:36,090
As to the second count
in the indictment,
1023
00:45:36,166 --> 00:45:38,794
murder in the second degree
of Garland Booker,
1024
00:45:38,902 --> 00:45:40,267
how does the jury find?
1025
00:45:40,337 --> 00:45:41,736
Guilty, Your Honor.
1026
00:45:41,805 --> 00:45:44,205
(Mrs. Costas)
Don't!
1027
00:45:54,518 --> 00:45:56,543
[Speaking in Greek]
1028
00:45:59,022 --> 00:46:00,455
[Sobbing]
1029
00:46:12,436 --> 00:46:14,199
Costas filed his appeal.
1030
00:46:14,271 --> 00:46:17,263
Public's rallying around.
A defense fund's been set up.
1031
00:46:17,341 --> 00:46:18,933
Even the gun lobby's
kicking in.
1032
00:46:19,009 --> 00:46:21,477
I know 12 citizens who
won't be joining the crusade.
1033
00:46:21,545 --> 00:46:24,275
Eight. Four of the jurors
were on the morning news
1034
00:46:24,348 --> 00:46:27,010
saying they felt pressured
to convict Mr. Costas.
1035
00:46:27,117 --> 00:46:28,209
Jury's remorse.
1036
00:46:28,285 --> 00:46:30,583
It rises with the unpopularity
of the verdict.
1037
00:46:30,654 --> 00:46:33,122
Their heads aren't
the only ones on the block.
1038
00:46:33,190 --> 00:46:35,181
Unless the victim
qualifies for sainthood,
1039
00:46:35,259 --> 00:46:36,726
we shouldn't prosecute?
1040
00:46:36,794 --> 00:46:38,819
Lyndon Johnson tried governing
by opinion polls.
1041
00:46:38,896 --> 00:46:40,363
It didn't work.
1042
00:46:40,413 --> 00:46:44,963
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