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NARRATOR:
In the criminal justice system
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00:00:02,871 --> 00:00:06,717
the people are represented by two
separate yet equally important groups,
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00:00:06,775 --> 00:00:08,652
the police
who investigate crime
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00:00:08,710 --> 00:00:11,486
and the district attorneys
who prosecute the offenders.
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These are their stories.
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Yo, you gonna let Jaycee
chill in your crib?
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Say, he's got
no other place to go.
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Why don't he go home?
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His moms don't let him
miss school, B.
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Oh, but it's all right
with you, though.
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What am I, the principal?
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Damn!
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Yo, he a cop!
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SERGEANT BOWERS: His name is Jake Kearsey.
Detective second grade.
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He worked out of
our robbery squad.
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You knew him?
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I had a few beers with him. Wife
and two kids up in Rockland.
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ED: How old?
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Girl's 14,15.
Son's a few years younger.
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You check the weapon?
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Yeah, two rounds missing
from the clip.
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We found the spent shells
in the hallway.
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And entry craters
in the plaster here.
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Uh-huh. ED: Any of
the neighbors home?
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They must be at work.
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BRISCOE: Which of your guys
got here first?
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Muniz and Nelson. They're with
the two kids who called it in.
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The apartment door was
like this when they got here?
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BOWERS: No, it was locked When they saw
Jake on the floor they busted it in.
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Whoever was in there
is in the wind.
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Unless the shooter caught
Kearsey's fire.
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You know what, check
the local E.R.'s
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and get the borough to broadcast an
alarm on reported gunshot victims.
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What happened up here, fellas?
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I dunno. We was leaving my apartment to go to work.
Then we just seen him like that.
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But we called 9-1-1
right away, though.
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You both live here?
Just me.
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So what time did you get here?
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Like around, like 8:30.
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You heard any shots?
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KENNY: We had
the music up real loud.
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Who lives in that apartment?
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Some lady.
She just moved in.
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Alone?
KENNY: Far as I know.
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I just got the page.
Excuse me, fellas.
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Any idea how it went down?
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00:01:45,907 --> 00:01:46,942
No. Not yet.
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00:01:47,009 --> 00:01:48,818
Kearsey get any rounds off?
Yeah, two.
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Hopefully one of them's
in the killer.
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It's okay we're in here?
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Yeah. The warrant's
on the way.
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Lennie, there's women's
clothes in the closets
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and all the drawers.
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(CHUCKLES) I don't suppose
she wears a man's 11.
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Uh, would you bag these in
case Cinderella shows up?
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Got something here.
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Bullet wipe on
the window frame.
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Slug's still in there.
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00:03:02,784 --> 00:03:04,593
So it's straight shot
to the hallway.
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Pretty sure it's a 9mm.
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There's number two.
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Tommie Cannizaro,
the 3-6.
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My partner, Detective Hart. Me and
Jake, we went to the academy together.
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I'm sorry about your buddy.
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Yeah, me too.
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We thought maybe you needed a hand
tossing the place or something.
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00:03:19,935 --> 00:03:21,312
ED: It's actually
a little tight up here.
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00:03:21,370 --> 00:03:23,577
The bosses show up, see too many
people, we're gonna catch heat.
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All right.
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Thanks.
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00:03:29,845 --> 00:03:31,882
No recent gunshot victims
at the local hospital.
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But Kearsey's
partner's downstairs.
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We got notification on a robbery
we worked about a year ago.
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The A.D.A. wanted one of us up on
the stand first thing this morning.
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I lost the coin toss.
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So your partner didn't
go to court?
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No, he was gonna run down the D.A.'s next
witness, uh, a guy named Albert Rosa,
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bring him to One Hogan.
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00:03:53,368 --> 00:03:54,574
This Rosa, he lived here?
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00:03:54,836 --> 00:03:58,181
No. Other side of town.
East 122nd.
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00:03:58,240 --> 00:04:00,777
So what was your partner doing over here on St.
Nicholas Avenue?
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00:04:00,842 --> 00:04:03,982
I wish I knew. He should have been Uptown.
His wife know?
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00:04:04,045 --> 00:04:06,924
I'm on my way up to their house.
Do you mind joining me?
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That's a good idea.
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Jake calls tails,
that's me on that gurney.
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The apartment's rented to a Selina Watts.
Moved in about two months ago.
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00:04:20,228 --> 00:04:22,401
VAN BUREN: That name register
with your robbery case?
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00:04:22,464 --> 00:04:23,738
No. I never
heard of her.
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00:04:23,799 --> 00:04:25,972
Nobody we canvassed in the
building knew much about her.
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00:04:26,067 --> 00:04:27,546
Anybody notice a boyfriend?
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00:04:27,602 --> 00:04:30,048
No, and apparently Watts
wasn't into small talk.
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She kept regular hours. Probably a nine-to-fiver.
Nobody knew where.
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Well, find out how Kearsey got to
her door from East 122nd Street.
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Come on.
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The detective was here
first thing this morning.
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00:04:47,122 --> 00:04:49,124
Buzzed me, asked me
where Mr. Rosa was.
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What'd you tell him?
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00:04:50,258 --> 00:04:53,933
That Mr. Rosa left Monday night with an
overnight bag. Hadn't seen him since.
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00:04:54,029 --> 00:04:55,406
He say when he was coming back?
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00:04:55,464 --> 00:04:57,876
Nope. Just asked me
to hold his mail.
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Oh, here's the D.A.'s
trial subpoena.
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00:05:00,402 --> 00:05:02,882
Oh, looks like he was
shirking his civic duty.
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00:05:03,338 --> 00:05:05,477
Did Mr. Rosa mention
a robbery case?
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00:05:05,674 --> 00:05:07,017
Uh. No. No.
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00:05:07,075 --> 00:05:08,520
Did you tell the
detective where he'd be?
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00:05:08,577 --> 00:05:10,284
Well, I told him
where he worked.
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00:05:10,445 --> 00:05:13,324
Um, Ajax Transmissions.
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00:05:13,648 --> 00:05:17,357
Yeah. The detective was here a few hours ago.
What happened, you lost him?
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00:05:17,419 --> 00:05:19,194
Did he ask you
about Albert Rosa?
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00:05:19,421 --> 00:05:23,301
And I told him Albert called yesterday,
said he needed a few personal days.
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00:05:23,358 --> 00:05:25,463
Did the detective talk
to anybody else here?
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00:05:26,061 --> 00:05:29,201
Hey, Louie, that detective was
here ask you about Albert?
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00:05:29,264 --> 00:05:30,971
Yeah.
What did you tell him?
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Nothin'. I mean,
I told him where he was.
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BRISCOE: And where was that?
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At his cousin's place. I'm supposed to
bring his check over there tomorrow.
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00:05:36,538 --> 00:05:38,074
It's 35 St. Nicholas Avenue.
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00:05:38,406 --> 00:05:40,352
Did you give Detective Kearsey
the cousin's name?
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00:05:40,642 --> 00:05:42,952
No, but Albert
wrote it down for me.
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00:05:44,646 --> 00:05:46,125
Selina Watts?
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00:05:46,248 --> 00:05:49,252
Maria Santiago.
35 St. Nicholas Place.
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00:05:52,254 --> 00:05:53,426
You ever done this before?
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Yeah, twice.
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Two times too many.
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00:06:04,432 --> 00:06:06,639
Ronnie, what are
you doing up here?
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00:06:07,302 --> 00:06:08,474
Annie.
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00:06:09,104 --> 00:06:10,640
Oh, my God.
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00:06:11,806 --> 00:06:13,080
Uh...
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00:06:13,341 --> 00:06:14,513
Where's Jake?
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00:06:16,545 --> 00:06:19,355
Annie. Oh, Ronnie, just tell me.
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00:06:20,048 --> 00:06:22,050
I'm sorry.
Oh, God!
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Your husband was shot this morning
in the line of duty, Mrs. Kearsey.
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00:06:26,688 --> 00:06:28,326
I should have been
been there for him.
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00:06:30,225 --> 00:06:32,330
Is there anyone
we can call for you?
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00:06:33,762 --> 00:06:35,764
(SOBBING) I don't know.
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00:06:37,599 --> 00:06:40,580
I'm gonna stay here.
Call me if anything breaks.
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00:06:48,577 --> 00:06:51,751
This idiot gave Kearsey the wrong
address, he winds up getting killed.
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00:06:51,813 --> 00:06:53,224
We're ruling out ambush?
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00:06:53,281 --> 00:06:57,491
Aw, the kid gave himself up way too easy.
I gotta figure wrong time, wrong place.
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00:06:57,552 --> 00:06:59,361
What do we have on the woman
who rents the apartment?
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00:06:59,421 --> 00:07:00,923
We couldn't locate
her landlord,
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00:07:00,989 --> 00:07:03,401
so she's either at work
someplace, or she took off.
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00:07:03,458 --> 00:07:06,769
Get Byrne to run her name with BCI.
How about our size 11?
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00:07:06,828 --> 00:07:08,739
Well, Latent's got
a stack of prints to read.
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00:07:08,897 --> 00:07:10,706
Well, tell them to read faster.
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00:07:10,765 --> 00:07:13,939
Thanks. The guys at the 3-6 are
about to collar our shooter.
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00:07:16,037 --> 00:07:19,143
CANNIZARO: One of my snitches puts him in
the backroom in the bar around the corner.
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You got a name?
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00:07:20,342 --> 00:07:24,688
Yeah, Junior. 18-year-old black
male, 5'8", wears a goatee.
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00:07:24,746 --> 00:07:26,783
Where'd your snitch
get this information?
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00:07:26,848 --> 00:07:30,819
He knows a surgical nurse. Dressed a
minor bullet wound in his apartment
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he says belongs to the shooter.
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00:07:32,988 --> 00:07:34,092
Who called the local news?
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00:07:34,155 --> 00:07:35,190
They have scanners.
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00:07:35,256 --> 00:07:36,735
You didn't put it
on division radio?
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00:07:36,791 --> 00:07:38,634
Hey, I'm sorry. I have more
important things to worry about.
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00:07:38,693 --> 00:07:39,865
Like are we gonna
lose this guy or not.
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00:07:39,928 --> 00:07:42,772
Now you wanna stand here and have
this conversation or go grab him up?
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CANNIZARO: Okay, everybody up!
Everybody, hands on the bar! Up!
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00:07:47,335 --> 00:07:48,973
What's going on here?
Hands on the bar.
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Come on, get 'em up!
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00:07:50,171 --> 00:07:51,514
Come on, pops, move it.
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00:07:51,573 --> 00:07:53,484
Hey, hey, hey. There's no need.
There's no need.
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00:07:53,541 --> 00:07:55,646
Where's Junior? There's
nobody named Junior here.
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00:07:55,710 --> 00:07:56,745
Who's in the back room?
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00:07:56,811 --> 00:07:58,484
There's nothing up there
but some boxes.
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00:07:58,546 --> 00:08:00,651
You lying to us, I'm gonna
kick your black ass!
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00:08:00,815 --> 00:08:02,817
Hey!
Take the door.
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00:08:07,956 --> 00:08:09,333
It's clear.
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00:08:10,191 --> 00:08:11,499
It's a storage closet.
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00:08:16,898 --> 00:08:20,004
Yo, you put your hands on an old man
like that again, black or white,
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00:08:20,068 --> 00:08:21,138
you and me are gonna
have a problem.
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00:08:21,202 --> 00:08:24,547
Oh, that's funny. 'Cause I was gonna say to
you, if you ever interfere with me again,
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in the middle of an operation,
we're gonna have a big problem.
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00:08:27,008 --> 00:08:28,578
And I'm gonna solve it.
Do it now.
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00:08:28,643 --> 00:08:30,020
Oh, aren't you a big shot!
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00:08:30,078 --> 00:08:32,080
What, are you playing Al Sharpton
in front of the "brothers"?
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00:08:32,147 --> 00:08:33,990
Hey, man, I'll take you
anytime, anywhere.
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00:08:34,049 --> 00:08:36,359
Oh, like we don't know who'll wind
up all jammed up out of that.
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00:08:36,418 --> 00:08:37,726
It's certainly not the brother.
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00:08:37,786 --> 00:08:39,561
You say brother like that one
more time, I swear to God,
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00:08:39,621 --> 00:08:41,032
I'm a stomp
your ass into the pavement.
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00:08:41,489 --> 00:08:42,991
Whose side is your
partner on, Lennie?
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00:08:43,058 --> 00:08:44,696
Same side I'm on, all right?
185
00:08:44,759 --> 00:08:45,829
Is our perp in there?
186
00:08:45,894 --> 00:08:46,998
No.
Any problems?
187
00:08:47,062 --> 00:08:48,097
No, we're fine.
188
00:08:48,163 --> 00:08:49,574
You can read it in my report.
189
00:08:49,898 --> 00:08:51,309
What am I supposed
to know here?
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00:08:51,366 --> 00:08:55,109
Well, Officer Cannizaro could have used
a little more discretion in the bar.
191
00:08:56,137 --> 00:08:58,743
You two back to your precinct.
We've got work to do.
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00:09:03,545 --> 00:09:04,853
DETECTIVE TINLEY:
Word is you have a suspect?
193
00:09:04,913 --> 00:09:05,983
We thought we did.
194
00:09:06,047 --> 00:09:08,425
So now, I have to go back to the
mayor and tell him you don't?
195
00:09:08,483 --> 00:09:09,484
Right.
196
00:09:09,551 --> 00:09:12,430
Your people know the importance
of keeping City Hall appraised.
197
00:09:12,587 --> 00:09:13,588
They do?
198
00:09:13,655 --> 00:09:16,101
Sir, we just found out
it was a false alarm.
199
00:09:16,157 --> 00:09:18,262
Otherwise, we would have
saved you the trip.
200
00:09:18,760 --> 00:09:21,104
Uh, any leads on the
woman in the apartment?
201
00:09:21,162 --> 00:09:23,039
We're making progress.
202
00:09:23,164 --> 00:09:27,704
Joe, I have to get back. I'll tell the
mayor the investigation's proceeding.
203
00:09:30,505 --> 00:09:32,644
Gimme something soon, Anita.
204
00:09:36,611 --> 00:09:38,488
Fallout from the bar and grill?
205
00:09:38,546 --> 00:09:39,581
What do you have?
206
00:09:39,647 --> 00:09:43,493
Byrne pulled a sheet on the woman in 3-D.
Selina Watts, 29 years old,
207
00:09:43,551 --> 00:09:47,795
formerly of Brooklyn. We got a car in the
7-4, en route to her last known address.
208
00:09:47,856 --> 00:09:51,360
Priors? One recent arrest for fraud.
Still pending.
209
00:09:52,327 --> 00:09:54,705
All right, find
the A.D.A. on her case.
210
00:09:56,097 --> 00:09:58,077
We arrested Selina Watts
about three weeks ago.
211
00:09:58,233 --> 00:10:01,305
She's an administrator at
the Riverside Action Project.
212
00:10:01,403 --> 00:10:03,644
It's an eviction prevention
program up in Harlem.
213
00:10:03,972 --> 00:10:05,280
She dipping into the till?
214
00:10:05,340 --> 00:10:08,253
No, we found some irregularities
in their intake process.
215
00:10:08,309 --> 00:10:09,652
Irregularities?
216
00:10:09,711 --> 00:10:12,487
Tenants enrolled in the
program that aren't eligible.
217
00:10:12,547 --> 00:10:14,151
Hmm, that doesn't
sound to serious.
218
00:10:14,215 --> 00:10:17,162
Well, we charged Watts hoping
she'd flip on the higher-ups.
219
00:10:17,485 --> 00:10:21,627
The place is run by an activist named Lateef Miller.
Used to be Bobby Miller.
220
00:10:22,056 --> 00:10:23,364
The former Black Panther?
221
00:10:23,424 --> 00:10:24,732
One and the same.
222
00:10:25,126 --> 00:10:28,266
Yeah, he and his pals robbed some
banks upstate, back in the '60s.
223
00:10:28,329 --> 00:10:30,570
They also ran a free breakfast
program up in Harlem.
224
00:10:31,332 --> 00:10:34,939
So, how long's Robin Hood been running
this Riverside Action Project?
225
00:10:35,136 --> 00:10:37,013
The board of directors hired
him about five years ago.
226
00:10:37,071 --> 00:10:39,415
He's been successful in getting
some pretty big grants.
227
00:10:39,808 --> 00:10:42,152
He turned the project into a
real force in the neighborhood.
228
00:10:42,410 --> 00:10:43,684
You got anything on Miller?
229
00:10:43,745 --> 00:10:47,420
No. Watts isn't cooperating. Her lawyer
insists they're not doing anything illegal.
230
00:10:47,515 --> 00:10:49,927
I'm sure she's told him
he's under investigation.
231
00:10:50,618 --> 00:10:52,859
Watts is still working
for him at Riverside.
232
00:10:58,059 --> 00:10:59,538
Selina Watts?
233
00:10:59,594 --> 00:11:00,834
Can I help you?
234
00:11:00,895 --> 00:11:03,102
I'm Detective Green.
This is Detective Briscoe.
235
00:11:03,164 --> 00:11:04,575
We just need to ask you
a couple of questions.
236
00:11:04,632 --> 00:11:06,634
First off, where were you
today at 9:15?
237
00:11:07,101 --> 00:11:08,136
Why?
238
00:11:08,203 --> 00:11:10,240
There was a detective shot in
your building this morning.
239
00:11:11,039 --> 00:11:12,848
I don't know anything
about that.
240
00:11:13,675 --> 00:11:15,450
What time did you
leave for work?
241
00:11:15,510 --> 00:11:16,716
What, am I a suspect?
242
00:11:16,778 --> 00:11:18,780
It's just a simple
question, Miss Watts.
243
00:11:18,847 --> 00:11:21,453
And I have a simple answer. I don't
have to account for my whereabouts
244
00:11:21,516 --> 00:11:22,824
to you or anybody else.
245
00:11:22,884 --> 00:11:24,886
What can you tell us
about Lateef Miller?
246
00:11:25,186 --> 00:11:26,392
Not a damn thing.
247
00:11:26,454 --> 00:11:27,990
ED: He is your boss,
isn't he?
248
00:11:28,056 --> 00:11:29,228
Right. He's my boss.
249
00:11:29,491 --> 00:11:30,492
Well, where is he now?
250
00:11:30,558 --> 00:11:31,593
No idea.
251
00:11:31,659 --> 00:11:34,833
Somebody at your apartment was
involved in that shooting.
252
00:11:35,463 --> 00:11:36,498
How do you know that?
253
00:11:36,564 --> 00:11:38,100
ED: There was fresh
bullet holes inside.
254
00:11:38,566 --> 00:11:41,410
You went inside my apartment? Who
gave you the right to do that?
255
00:11:41,469 --> 00:11:43,574
I don't think you're seeing
the big picture here.
256
00:11:43,638 --> 00:11:45,117
We're gonna have to ask you
to come with us, Miss Watts.
257
00:11:45,173 --> 00:11:47,551
Well, you can forget about it. 'Cause
I'm not going anywhere with you.
258
00:11:47,609 --> 00:11:48,917
We're gonna have to
place you under arrest.
259
00:11:49,077 --> 00:11:50,351
For what?
260
00:11:51,446 --> 00:11:53,426
Criminal possession
of a handgun.
261
00:11:54,148 --> 00:11:55,422
I don't have a handgun.
262
00:11:55,483 --> 00:11:57,656
You had one at your apartment.
263
00:11:58,853 --> 00:11:59,888
Please.
264
00:12:06,461 --> 00:12:08,372
Who's size 11's were
in your living room?
265
00:12:08,429 --> 00:12:10,102
That is none of your business.
266
00:12:10,164 --> 00:12:12,440
There was a dead cop
outside your door.
267
00:12:12,500 --> 00:12:13,774
I don't know anything
about that.
268
00:12:13,835 --> 00:12:15,246
The shots came from
inside your apartment.
269
00:12:15,303 --> 00:12:18,546
I don't know anything about that either.
Including, I don't know it's true.
270
00:12:18,606 --> 00:12:20,950
Did Lateef Miller spend
the night with you?
271
00:12:21,042 --> 00:12:23,545
That for sure is
none of your business.
272
00:12:23,811 --> 00:12:26,348
Look, if you're not gonna
help us out here, Miss Watts,
273
00:12:26,414 --> 00:12:29,327
we have three fraud counts pending
we could use against you.
274
00:12:29,517 --> 00:12:32,293
Not to mention, accessory
after the fact to murder.
275
00:12:32,353 --> 00:12:34,128
I've got nothing to do
with that.
276
00:12:34,188 --> 00:12:36,668
Look, all you have to do to walk out
of here is tell us about Lateef.
277
00:12:36,791 --> 00:12:38,600
Then I guess I ain't gonna
be walking out of here,
278
00:12:38,660 --> 00:12:40,162
'cause I don't know what
you're talkin' about.
279
00:12:46,467 --> 00:12:48,071
STRAUS: So you have
an unexplained shooting
280
00:12:48,136 --> 00:12:50,639
and your only suspect just
happens to be Lateef Miller?
281
00:12:50,705 --> 00:12:53,948
Latent lifted four of his prints
from inside the apartment.
282
00:12:54,175 --> 00:12:56,280
So, how do we know he wasn't there
last Sunday for tea and crumpets?
283
00:12:56,911 --> 00:12:59,357
If you're jumping to conclusions
because Miller was a Panther...
284
00:12:59,414 --> 00:13:02,088
He was under investigation
by the D.A.'s Frauds Bureau.
285
00:13:02,150 --> 00:13:03,220
So he shoots a cop?
286
00:13:03,284 --> 00:13:06,993
Miller's dropped off the radar
and Watts is covering for him.
287
00:13:07,088 --> 00:13:09,261
It's just too big
of a coincidence.
288
00:13:09,457 --> 00:13:13,564
You'd better be right. Race relations
in this city what they are,
289
00:13:13,828 --> 00:13:15,830
the Department can't afford
another black eye.
290
00:13:16,064 --> 00:13:17,600
They're fully aware of that.
291
00:13:18,266 --> 00:13:19,370
Good.
292
00:13:19,701 --> 00:13:21,339
So do we pick him up or not?
293
00:13:24,539 --> 00:13:26,212
Yeah, pick him up.
294
00:13:27,642 --> 00:13:30,680
And make sure Miller's in one
piece when you bring him in.
295
00:13:34,515 --> 00:13:37,894
Last known for Lateef Miller,
2017 Amsterdam.
296
00:13:37,986 --> 00:13:39,056
So what are we waiting for?
297
00:13:39,120 --> 00:13:42,761
A warrant. We got cars on his
building and the R.A.P. office.
298
00:13:42,824 --> 00:13:47,170
Green and I will take ESU into his apartment
as soon as the paperwork gets here.
299
00:13:47,228 --> 00:13:48,263
What do you have on the gun?
300
00:13:48,329 --> 00:13:52,072
Ballistics makes the murder weapon a Glock 9mm.
It's their new "compensated" model.
301
00:13:52,133 --> 00:13:54,443
You've all see it. It has vents
on the slide to reduce recoil.
302
00:13:54,502 --> 00:13:57,312
All right, people, keep working
your eyes and ears on the street
303
00:13:57,372 --> 00:13:59,909
and be ready to move
as soon as we see
304
00:13:59,974 --> 00:14:01,783
what turns up in Miller's
apartment, all right?
305
00:14:03,978 --> 00:14:05,184
Police. Freeze!
306
00:14:05,279 --> 00:14:07,816
BOY: What are you doing? What are you...
What are you doing?
307
00:14:08,116 --> 00:14:09,459
Up against the wall.
308
00:14:11,052 --> 00:14:12,053
It's clear.
309
00:14:12,120 --> 00:14:14,964
All right, he's a kid. We're
looking for Lateef Miller.
310
00:14:15,023 --> 00:14:16,593
You just can't
break down our door.
311
00:14:16,658 --> 00:14:17,830
We got
a no-knock warrant.
312
00:14:17,892 --> 00:14:19,530
Can I see it?
Yeah.
313
00:14:19,994 --> 00:14:21,667
BRISCOE: Do you know
Lateef Miller?
314
00:14:21,729 --> 00:14:23,367
Lateef Miller's our father.
315
00:14:23,431 --> 00:14:25,069
"Murder in the First Degree"?
316
00:14:25,133 --> 00:14:26,476
He didn't kill anybody.
317
00:14:26,567 --> 00:14:28,069
Do you know where your father
was the night before last?
318
00:14:28,136 --> 00:14:30,173
Here. We don't have to
answer any questions.
319
00:14:30,238 --> 00:14:31,740
ED: You're right.
You don't.
320
00:14:31,806 --> 00:14:33,843
Our father warned us about
people like you.
321
00:14:35,676 --> 00:14:37,087
Uh, I'll take that back
if you're done.
322
00:14:37,745 --> 00:14:39,053
Or I'll wind up like my cousin?
323
00:14:39,514 --> 00:14:40,925
What happened to your cousin?
324
00:14:41,349 --> 00:14:43,590
He got shot by a cop like you.
325
00:14:46,587 --> 00:14:48,362
Anything turn up
at Miller's apartment?
326
00:14:48,456 --> 00:14:50,265
Nope. Nothing but
his two scared kids.
327
00:14:50,324 --> 00:14:51,632
The place was clean.
328
00:14:51,692 --> 00:14:53,797
Will you follow up at
the R.A.P. office?
329
00:14:54,162 --> 00:14:58,838
We made visits to the staff. No Lateef Miller.
No love from the staff or the community.
330
00:14:58,900 --> 00:15:00,880
Well, no one likes
cops at their door.
331
00:15:00,935 --> 00:15:03,211
That's not all they don't like.
332
00:15:03,271 --> 00:15:05,649
Lateef's like a living legend.
You know what that makes me?
333
00:15:05,907 --> 00:15:07,978
Oh, I know you're not
buying into that.
334
00:15:09,343 --> 00:15:10,378
What do you have?
335
00:15:10,445 --> 00:15:12,186
I pulled some of
Miller's old cases.
336
00:15:12,246 --> 00:15:15,159
I figured maybe he's hooked up with
one of his old radical friends.
337
00:15:15,216 --> 00:15:18,720
Uh, he did a few robberies with
a guy named Rolando August.
338
00:15:19,053 --> 00:15:21,624
Who has a real estate
business in the Bronx.
339
00:15:22,290 --> 00:15:24,167
Ex-Panther makes good.
340
00:15:37,705 --> 00:15:39,514
I haven't seen Lateef
in 10 years.
341
00:15:39,674 --> 00:15:41,551
You did time together.
342
00:15:41,843 --> 00:15:44,084
That's right. But I haven't
seen him in 10 years.
343
00:15:44,145 --> 00:15:45,681
A vacant apartment
in one of your buildings
344
00:15:45,747 --> 00:15:47,158
is a great place
to stash an old comrade.
345
00:15:47,215 --> 00:15:48,216
I wouldn't do that.
346
00:15:48,282 --> 00:15:50,387
Would you make
an emergency loan?
347
00:15:50,651 --> 00:15:52,062
No, I wouldn't.
348
00:15:52,119 --> 00:15:54,395
And I resent the accusatory
tone in your voice.
349
00:15:54,455 --> 00:15:56,799
Well, you kinda made that bed
30 years ago, Mr. August.
350
00:15:57,225 --> 00:15:59,535
People change, Detective Green.
351
00:16:00,461 --> 00:16:01,963
I do pretty well here
for an ex-con.
352
00:16:02,396 --> 00:16:04,069
I wouldn't risk it all
for Lateef Miller.
353
00:16:04,265 --> 00:16:07,178
I'm sure you'll understand we
can't just take your word for it.
354
00:16:12,707 --> 00:16:15,950
Here are my listings. You
want to bust down 200 doors,
355
00:16:18,312 --> 00:16:19,450
be my guest.
356
00:16:20,982 --> 00:16:22,723
We finally got
the IUDs for Watts.
357
00:16:22,884 --> 00:16:25,330
Miller checked his answering
service from her phone
358
00:16:25,386 --> 00:16:27,229
a half an hour
before Kearsey was shot.
359
00:16:27,288 --> 00:16:29,268
Great, now all we gotta do
is find the guy.
360
00:16:29,323 --> 00:16:32,133
Well, if we can't find Miller, maybe
we can find the murder weapon.
361
00:16:32,260 --> 00:16:35,730
I'm sorry, I'm late for my daily
spanking at One Police Plaza.
362
00:16:37,865 --> 00:16:39,606
This doesn't make much sense.
363
00:16:39,667 --> 00:16:42,443
Maybe he thought Kearsey was
there to take him back to jail.
364
00:16:43,704 --> 00:16:46,685
You know. I know this guy
from Washington Park.
365
00:16:48,943 --> 00:16:51,014
I heard of this Lateef
Miller. What did he do?
366
00:16:51,145 --> 00:16:52,783
You know about the cop
on St. Nicholas?
367
00:16:52,847 --> 00:16:54,053
Big news, man.
368
00:16:54,115 --> 00:16:55,116
What you got for me?
369
00:16:55,183 --> 00:16:56,253
What you got for me?
370
00:16:56,317 --> 00:16:58,695
Same parole violation that's been
hanging over your head for three years.
371
00:17:00,021 --> 00:17:01,261
I'm make some inquiries.
372
00:17:01,322 --> 00:17:04,860
He might be trying to sell off
a state-of-the-art Glock 9mm.
373
00:17:04,926 --> 00:17:07,532
The C model. The one with
flash holes on the slide.
374
00:17:07,728 --> 00:17:09,503
You heard about one
on the market?
375
00:17:10,064 --> 00:17:11,407
Tough piece to turn over.
376
00:17:11,666 --> 00:17:14,237
Burner like that goes
for 1,500, 1,800.
377
00:17:14,402 --> 00:17:17,178
Who do you know that handles that
kind of high-end merchandise?
378
00:17:17,672 --> 00:17:19,879
I can think of
two or three guys.
379
00:17:22,310 --> 00:17:25,154
MAN: Who's there? Lottery
winner's payment unit.
380
00:17:25,446 --> 00:17:27,392
Also know as
the Police Department.
381
00:17:27,682 --> 00:17:30,219
What's this? ED: Step
into the hallway, Natron.
382
00:17:31,219 --> 00:17:32,630
You buy a gun
from Lateef Miller?
383
00:17:32,687 --> 00:17:34,098
I didn't buy no gun.
384
00:17:34,155 --> 00:17:36,533
You know what, we're gonna wait
till they get here with a warrant.
385
00:17:36,624 --> 00:17:38,695
Then we're gonna go in
and tear your place apart.
386
00:17:38,759 --> 00:17:40,761
You got anything in there
you'd rather we didn't find?
387
00:17:41,729 --> 00:17:42,764
What I gotta do?
388
00:17:42,830 --> 00:17:44,810
ED: Where's Lateef?
I don't know.
389
00:17:44,866 --> 00:17:46,140
BRISCOE: Call for
the warrant.
390
00:17:46,200 --> 00:17:48,237
Look, Lateef's a Muslim, right?
391
00:17:48,302 --> 00:17:50,441
All Muslims Friday afternoons
are at jum'ah.
392
00:17:51,005 --> 00:17:52,382
What's jum'ah?
393
00:17:52,440 --> 00:17:53,510
It's prayer.
394
00:17:53,574 --> 00:17:55,110
Where?
At the mosque.
395
00:17:55,176 --> 00:17:56,450
Which mosque?
396
00:17:56,510 --> 00:17:57,989
135th Street.
397
00:17:59,614 --> 00:18:01,855
BRISCOE: Our source said
Miller's been taking his meals
398
00:18:01,949 --> 00:18:04,327
at the mosque the past two
days, sleeping there.
399
00:18:04,385 --> 00:18:05,455
Any muscle in there?
400
00:18:05,520 --> 00:18:07,693
He doesn't think so.
So, we wait for ESU?
401
00:18:07,755 --> 00:18:11,293
No, that'll bring out
the whole neighborhood.
402
00:18:11,359 --> 00:18:13,134
You know what?
I'm going in.
403
00:18:13,561 --> 00:18:14,938
What, you gonna go in the back?
404
00:18:14,996 --> 00:18:16,441
No. I'm gonna
come out the back.
405
00:18:16,497 --> 00:18:17,840
VAN BUREN: You sure you
want to do it this way?
406
00:18:18,766 --> 00:18:20,109
You want a riot on your hands?
407
00:18:25,740 --> 00:18:26,844
(GREETING IN ARABIC)
408
00:18:26,908 --> 00:18:28,319
(RESPONDING IN ARABIC)
409
00:18:28,376 --> 00:18:29,480
Are you Muslim?
410
00:18:29,544 --> 00:18:30,852
No, I'm a cop.
411
00:18:31,779 --> 00:18:33,281
I need to talk
to Lateef Miller.
412
00:18:33,681 --> 00:18:35,490
Now you know you don't
belong here, brother.
413
00:18:35,750 --> 00:18:38,492
Look, man, I know, but it's
either me or an ESU team
414
00:18:38,553 --> 00:18:40,533
with assault rifles and tear gas.
We don't need that.
415
00:18:40,788 --> 00:18:42,927
They're inside making salat.
416
00:18:43,224 --> 00:18:45,329
I won't interrupt. I swear.
417
00:18:52,933 --> 00:18:57,746
(MEN CHANTING PRAYERS
IN ARABIC)
418
00:19:15,790 --> 00:19:18,134
Mr. Miller,
419
00:19:18,359 --> 00:19:20,862
please don't make us disrespect
your house of worship.
420
00:19:22,797 --> 00:19:24,435
You already have.
421
00:19:25,700 --> 00:19:27,805
I need you to come with me.
422
00:19:29,370 --> 00:19:31,372
I wanna go out the front.
423
00:19:31,806 --> 00:19:33,547
The back is better.
424
00:19:35,309 --> 00:19:37,084
So you can shoot me?
425
00:19:38,412 --> 00:19:41,052
If they shoot you, their
gonna have to shoot me, too.
426
00:19:57,164 --> 00:19:59,201
I'll take it from here.
427
00:20:00,468 --> 00:20:01,970
There's gonna be
press at the house.
428
00:20:02,036 --> 00:20:03,640
You okay with doing
the walk-out?
429
00:20:03,704 --> 00:20:06,412
Uh...
Lennie could go alone.
430
00:20:07,241 --> 00:20:08,845
No, I'll do it.
431
00:20:09,210 --> 00:20:10,450
All right.
432
00:20:16,250 --> 00:20:18,730
"People v. Lateef Miller.
Murder in the First Degree."
433
00:20:18,786 --> 00:20:20,060
(PEOPLE EXCLAIMING)
434
00:20:20,121 --> 00:20:21,532
(GAVEL POUNDING)
435
00:20:22,490 --> 00:20:25,130
If I hear another word from the gallery,
I'm going to clear the courtroom.
436
00:20:25,192 --> 00:20:26,364
(GAVEL POUNDING)
437
00:20:29,263 --> 00:20:30,469
How does the defendant plead?
438
00:20:30,531 --> 00:20:32,568
My client has a statement,
Your Honor.
439
00:20:32,933 --> 00:20:36,142
Given that I'm here
as a political prisoner...
440
00:20:36,270 --> 00:20:38,443
MAN: Tell 'em, brother.
...the Geneva Convention
441
00:20:38,506 --> 00:20:41,112
doesn't afford this court
jurisdiction.
442
00:20:41,342 --> 00:20:42,412
(GAVEL POUNDING)
443
00:20:42,476 --> 00:20:43,716
That's enough.
444
00:20:45,045 --> 00:20:47,047
Mr. Miller, I'm entering
a plea of "not guilty."
445
00:20:47,148 --> 00:20:48,593
CARMICHAEL: People request
remand, Your Honor.
446
00:20:48,649 --> 00:20:50,356
Mr. Miller killed
a police officer
447
00:20:50,418 --> 00:20:52,227
and then fled the scene
in order to avoid capture.
448
00:20:52,520 --> 00:20:55,797
He was praying in a mosque, Your Honor.
He's a pillar of his community.
449
00:20:56,657 --> 00:20:58,603
The People are considering
the death penalty.
450
00:20:58,759 --> 00:21:00,238
(PEOPLE EXCLAIMING)
451
00:21:00,327 --> 00:21:01,772
(GAVEL POUNDING)
452
00:21:02,897 --> 00:21:06,344
No bail. Defendant is remanded.
Move on to motion.
453
00:21:13,240 --> 00:21:16,778
I had to duck out the back exit on
Baxter Street to avoid the mob.
454
00:21:16,877 --> 00:21:19,653
If you think the arraignment was
a circus, wait for the trial.
455
00:21:19,713 --> 00:21:20,748
Who's representing him?
456
00:21:20,815 --> 00:21:22,226
CARMICHAEL: Leon Chiles.
Mmm.
457
00:21:23,751 --> 00:21:24,889
How's our case?
458
00:21:24,952 --> 00:21:25,987
We've had better.
459
00:21:26,053 --> 00:21:29,830
The shot that killed Kearsey came
from Miller's girlfriend's apartment.
460
00:21:30,124 --> 00:21:31,535
We can put Miller inside.
461
00:21:31,592 --> 00:21:33,196
Any witnesses, a gun?
462
00:21:33,294 --> 00:21:34,364
Neither one.
463
00:21:34,428 --> 00:21:35,736
Any chance for a deal?
464
00:21:35,796 --> 00:21:39,073
You make a deal for manslaughter, you
break faith with every cop in the city.
465
00:21:39,133 --> 00:21:40,578
Yeah, but was it manslaughter?
466
00:21:40,634 --> 00:21:42,739
No, I don't believe it was.
467
00:21:43,471 --> 00:21:47,009
Still, you prosecute for homicide,
we could get accused of racism.
468
00:21:47,141 --> 00:21:48,518
In other words we can't win.
469
00:21:48,576 --> 00:21:49,748
JACK: Right.
470
00:21:50,478 --> 00:21:55,086
Okay, well, let's call it for what it is.
Let's prosecute for homicide.
471
00:21:59,420 --> 00:22:02,526
A woman named
Selina Watts lives in 3-D.
472
00:22:02,590 --> 00:22:04,900
Our Latent Print Unit lifted
four fingerprints
473
00:22:04,959 --> 00:22:07,132
belonging to Lateef Miller
from her apartment,
474
00:22:07,194 --> 00:22:10,539
and we also found a pair of
shoes his size in her hallway.
475
00:22:10,731 --> 00:22:13,940
Was there anything that connected
Mr. Miller to Ms. Watts' apartment
476
00:22:14,001 --> 00:22:15,309
on the morning of the incident?
477
00:22:15,469 --> 00:22:18,177
ED: When we subpoenaed Watts' telephone
record, there was a phone call
478
00:22:18,239 --> 00:22:20,742
from her apartment to the
defendant's answering service
479
00:22:20,808 --> 00:22:23,721
37 minutes before
the 9-1-1 call.
480
00:22:24,078 --> 00:22:25,523
Could anybody do this?
481
00:22:25,646 --> 00:22:29,526
They would have to have Mr. Miller's
private pin code, 4-2-4-4-8.
482
00:22:34,855 --> 00:22:38,359
4124148 is Mr. Miller's
birthday isn't it?
483
00:22:38,459 --> 00:22:39,767
I believe it is, yes.
484
00:22:39,827 --> 00:22:43,297
It's fairly common, is it not, to use
one's birthday for one's pin code?
485
00:22:43,764 --> 00:22:45,266
It may be, I don't really know.
486
00:22:45,332 --> 00:22:47,710
But wouldn't anyone who
knew Mr. Miller's birthday
487
00:22:47,768 --> 00:22:49,475
have a good chance
of accessing his messages?
488
00:22:49,970 --> 00:22:51,574
ED: Assuming they also
had his phone number.
489
00:22:51,872 --> 00:22:55,251
And I take it the police
department has access
490
00:22:55,309 --> 00:22:56,982
to both of those
pieces of information.
491
00:22:57,077 --> 00:22:58,112
Right.
492
00:22:58,179 --> 00:23:01,888
When your lab ran all the prints
found in Selina Watts' apartment,
493
00:23:01,949 --> 00:23:04,623
how many other individuals
were there beside Mr. Miller?
494
00:23:04,852 --> 00:23:06,832
I believe there were 14.
495
00:23:07,221 --> 00:23:09,223
Fourteen.
496
00:23:09,457 --> 00:23:14,270
But only one belonging to a former
Black Panther, right, Detective?
497
00:23:15,930 --> 00:23:17,876
Right.
Ah.
498
00:23:17,932 --> 00:23:22,074
Oh, um, how many other individuals
were there who had size 11 feet?
499
00:23:23,437 --> 00:23:25,007
We didn't run their shoe sizes.
500
00:23:25,706 --> 00:23:26,776
Hmm.
501
00:23:32,012 --> 00:23:34,356
I was Jake Kearsey's
partner for 18 months.
502
00:23:34,882 --> 00:23:36,589
I've known him and his
family for seven years.
503
00:23:36,951 --> 00:23:38,726
JACK: Which family members
in particular?
504
00:23:39,920 --> 00:23:43,231
His wife, Anne, and his
children, Julie and Brian.
505
00:23:43,757 --> 00:23:46,533
On the day Detective Kearsey
was killed what happened?
506
00:23:46,594 --> 00:23:49,666
Oh, while Jake was running down a witness,
somebody gave him the wrong address.
507
00:23:49,763 --> 00:23:52,107
JACK: Did the case you and
Detective Kearsey were working on
508
00:23:52,166 --> 00:23:54,077
have anything to do
with Lateef Miller?
509
00:23:55,402 --> 00:23:56,403
Nothing whatsoever.
510
00:23:56,503 --> 00:23:57,846
In the time that
you worked with him,
511
00:23:57,905 --> 00:24:01,978
did Detective Kearsey ever mention
Lateef Miller in particular
512
00:24:02,042 --> 00:24:04,522
or the Black Panther Party
in general?
513
00:24:05,846 --> 00:24:07,382
No, he did not.
514
00:24:13,487 --> 00:24:18,368
Your, uh, partner didn't live
in New York City, did he?
515
00:24:18,459 --> 00:24:20,803
No, he lived up
in Rockland County.
516
00:24:21,195 --> 00:24:23,266
He was a member
of the Emerald Society?
517
00:24:23,497 --> 00:24:24,532
Objection.
518
00:24:24,598 --> 00:24:28,978
I'm laying the foundation to establish an
alternate reason for Detective Kearsey's visit.
519
00:24:29,770 --> 00:24:31,113
Overruled.
520
00:24:33,107 --> 00:24:35,144
Yeah, the Emerald Society.
521
00:24:35,643 --> 00:24:40,023
Which is a secret, all-white clique
within the police department?
522
00:24:40,147 --> 00:24:44,220
It's a social club for Irish cops.
A fraternal organization.
523
00:24:44,318 --> 00:24:47,424
But the only brothers this
fraternal organization are white.
524
00:24:47,488 --> 00:24:48,523
Objection.
525
00:24:48,589 --> 00:24:50,193
JUDGE: Move along,
Mr. Chiles.
526
00:24:50,257 --> 00:24:52,203
Isn't it a fact
that Detective Kearsey
527
00:24:52,259 --> 00:24:54,432
belonged to a motorcycle gang
called the White Knights?
528
00:24:54,862 --> 00:24:56,102
Yeah.
529
00:24:56,163 --> 00:24:59,906
It's a group of overweight, middle-aged
guys who like to ride bikes on Sundays.
530
00:25:00,000 --> 00:25:03,004
But did not the son of one
of the members of this gang
531
00:25:03,070 --> 00:25:06,108
get arrested for scrawling "KKK"
on the wall of his high school?
532
00:25:06,240 --> 00:25:08,686
Objection.
Move to strike.
533
00:25:09,276 --> 00:25:10,584
The question is stricken.
534
00:25:11,745 --> 00:25:16,387
Did Detective Kearsey have six excessive
force complaints filed against him at CCRB,
535
00:25:16,450 --> 00:25:18,054
five by African-Americans?
536
00:25:18,118 --> 00:25:19,563
The ones I know about
were dismissed.
537
00:25:19,620 --> 00:25:21,327
What about the one
that was sustained
538
00:25:21,388 --> 00:25:23,959
where he put a young black
man in a choke hold
539
00:25:24,091 --> 00:25:25,161
that sent him to the hospital?
540
00:25:25,225 --> 00:25:27,967
That guy was a PCP freak
resisting arrest.
541
00:25:28,028 --> 00:25:32,841
How many white PCP freaks did your
partner overpower during his career?
542
00:25:39,039 --> 00:25:40,518
Nothing more.
543
00:25:48,582 --> 00:25:51,927
Mr. McCoy, can't you do
something about that?
544
00:25:51,986 --> 00:25:54,694
The judge is giving him
some leeway, Mrs. Kearsey.
545
00:25:54,822 --> 00:25:58,167
Leeway? He's making him
look like Jake had it coming.
546
00:25:58,659 --> 00:26:00,661
Attacking the victim will
probably backfire.
547
00:26:01,195 --> 00:26:02,196
Well, what if it doesn't?
548
00:26:02,262 --> 00:26:04,970
From where we sit, your case
isn't going in all that great.
549
00:26:05,065 --> 00:26:06,874
These cheap shots won't
make any difference.
550
00:26:06,934 --> 00:26:08,936
Well, they make
a difference to me.
551
00:26:09,002 --> 00:26:11,107
My husband is not
on trial here.
552
00:26:11,271 --> 00:26:13,376
JACK: I now it's difficult,
Mrs. Kearsey.
553
00:26:13,440 --> 00:26:15,579
You'll have to excuse us.
We have a witness to prep.
554
00:26:20,147 --> 00:26:21,922
I didn't come this way
to let this guy go.
555
00:26:21,982 --> 00:26:23,120
What are you thinking?
556
00:26:23,183 --> 00:26:25,959
Well, nobody saw Lateef between
the crime scene and the mosque?
557
00:26:26,020 --> 00:26:28,626
Yeah, but we struck out with the
cab drivers and the bus companies.
558
00:26:28,689 --> 00:26:30,100
Maybe we were looking
for the wrong address.
559
00:26:30,157 --> 00:26:33,229
You're Lateef Miller, you just gunned
down a cop, who do you go see?
560
00:26:33,961 --> 00:26:35,235
A lawyer.
561
00:26:41,068 --> 00:26:42,445
I can't find this thing.
562
00:26:42,503 --> 00:26:45,074
Maybe tomorrow, guys,
it's been a crazy day here.
563
00:26:45,172 --> 00:26:46,617
Hey, don't tell us about crazy.
564
00:26:46,673 --> 00:26:49,552
We've been running around looking at
trip sheets for the last eight hours.
565
00:26:50,210 --> 00:26:52,622
Wait a minute I think I got it.
566
00:26:52,679 --> 00:26:53,953
Let me see that.
567
00:26:55,082 --> 00:26:56,186
Lennie, look at this.
568
00:26:56,250 --> 00:27:00,096
Morning of the shooting,
drop off, 1840 Broadway.
569
00:27:00,220 --> 00:27:01,927
It's Leon Chiles' law office.
570
00:27:01,989 --> 00:27:04,060
Mmm-hmm,
the driver's Jean Marchier.
571
00:27:05,426 --> 00:27:08,100
This is my trip sheet. But I don't
remember every fare from that day.
572
00:27:08,162 --> 00:27:10,199
Well, how come
you filed it a week late?
573
00:27:10,264 --> 00:27:13,768
I share my car with two other drivers.
I don't go into the office that much.
574
00:27:13,834 --> 00:27:17,611
Wait, hold up. Hold up. Is this the guy you
picked up in front of 33 St. Nicholas?
575
00:27:17,805 --> 00:27:19,307
Yes. Yes, it is.
576
00:27:19,473 --> 00:27:21,475
I remember he came out of the
building and he hailed me.
577
00:27:22,042 --> 00:27:23,715
I remember he was
a little bit upset.
578
00:27:29,349 --> 00:27:32,228
So after your officers broke
down Selina Watts' door,
579
00:27:32,286 --> 00:27:35,096
they were in the apartment
alone, without supervision?
580
00:27:35,155 --> 00:27:36,225
I was on the way.
581
00:27:36,290 --> 00:27:39,362
Which gave them the opportunity
to tamper with the crime scene.
582
00:27:39,426 --> 00:27:40,871
Did it not?
Objection.
583
00:27:40,928 --> 00:27:42,271
JUDGE: Approach.
584
00:27:44,198 --> 00:27:46,940
He needs a good faith basis to
pose these kinds of questions.
585
00:27:47,034 --> 00:27:48,638
I've given you some latitude,
Mr. Chiles.
586
00:27:48,702 --> 00:27:49,874
My patience is running thin.
587
00:27:49,937 --> 00:27:51,041
(DOOR OPENS)
588
00:27:57,311 --> 00:27:59,518
Could I have a moment, Judge?
589
00:28:02,449 --> 00:28:03,450
(INAUDIBLE)
590
00:28:04,284 --> 00:28:06,264
(INAUDIBLE)
591
00:28:12,393 --> 00:28:14,532
The People would like to add
a witness to our witness list.
592
00:28:14,761 --> 00:28:16,297
A little late, aren't you?
593
00:28:16,363 --> 00:28:19,867
He saw the defendant exit the scene of
the crime at the time of the murder.
594
00:28:20,501 --> 00:28:23,277
He drove from there
to Mr. Chiles' office.
595
00:28:30,077 --> 00:28:31,147
I'll allow it.
596
00:28:31,211 --> 00:28:32,918
You wanna continue
your cross, Mr. Chiles?
597
00:28:32,980 --> 00:28:34,050
I'll withdraw my objection.
598
00:28:34,114 --> 00:28:35,149
That won't be necessary.
599
00:28:35,215 --> 00:28:37,456
The defendant will be
pleading self-defense.
600
00:28:49,129 --> 00:28:52,633
LEWIN: So now Miller's asserting
a justification defense?
601
00:28:52,733 --> 00:28:54,542
Chiles left his options open.
602
00:28:54,601 --> 00:28:57,309
He didn't lock himself into anything
inconsistent with that defense.
603
00:28:57,471 --> 00:29:00,884
Well, is there any reason to think that
Detective Kearsey was the aggressor?
604
00:29:00,941 --> 00:29:02,079
CARMICHAEL:
Well, it's subjective.
605
00:29:02,142 --> 00:29:03,416
If Miller had reason
to believe it,
606
00:29:03,477 --> 00:29:05,218
then he was entitled
to use deadly force.
607
00:29:05,379 --> 00:29:08,223
Do we have any evidence to
refute the self-defense claim?
608
00:29:08,282 --> 00:29:09,920
The ballistics analysis
is equivocal.
609
00:29:09,983 --> 00:29:12,020
Both men were standing
when the shots were fired.
610
00:29:12,152 --> 00:29:13,825
He'll claim
the officer shot first.
611
00:29:14,121 --> 00:29:17,830
I can't see it. Detective Kearsey went
to that apartment looking for a witness.
612
00:29:18,191 --> 00:29:21,570
Yeah, except they've already set the
table by insinuating Kearsey's a racist.
613
00:29:21,962 --> 00:29:23,373
I think this jury might buy it.
614
00:29:23,430 --> 00:29:26,775
Oh, he's hitching his wagon to the
anti-police sentiment in the city.
615
00:29:27,100 --> 00:29:28,738
JACK: And that's just
the beginning.
616
00:29:32,172 --> 00:29:34,311
What evidence are you seeking
to admit, Mr. Chiles?
617
00:29:34,374 --> 00:29:36,820
Evidence of police violence
against African-Americans.
618
00:29:36,877 --> 00:29:38,220
The Abner Louima assault.
619
00:29:38,578 --> 00:29:39,989
The Amadou Diallo murder.
620
00:29:40,047 --> 00:29:41,424
The police in that case
were acquitted.
621
00:29:41,481 --> 00:29:43,461
(CHUCKLES) Not in
my client's neighborhood.
622
00:29:43,717 --> 00:29:45,526
The Michael Stewart murder,
Eleanor Bumpurs,
623
00:29:45,586 --> 00:29:48,624
Rodney King in LA, the Fred
Hampton assassination in Oakland.
624
00:29:48,689 --> 00:29:50,134
Three thousand miles away.
625
00:29:50,190 --> 00:29:52,602
And some of these incidents
happened over 30 years ago.
626
00:29:52,659 --> 00:29:55,333
And they all worked to shape
Mr. Miller's distrust of the police.
627
00:29:55,429 --> 00:29:57,409
They are all relevant to
establish his state of mind.
628
00:29:57,464 --> 00:29:59,068
JACK: I have
my own list, Judge.
629
00:29:59,166 --> 00:30:03,342
Statements made by Mr. Miller, inciting
his followers to kill police officers.
630
00:30:03,804 --> 00:30:06,944
A Black Panther newsletter
from July 1969,
631
00:30:07,007 --> 00:30:08,486
in which Mr. Miller is
quoted as saying,
632
00:30:09,142 --> 00:30:12,282
"When the pigs knock on your door,
brothers, it's them or you.
633
00:30:12,613 --> 00:30:15,423
"The only way to stop oppression
in Amerika," spelled with a "K,"
634
00:30:15,716 --> 00:30:17,024
"is with a sawed-off
12-gauge."
635
00:30:17,184 --> 00:30:20,028
Colorful language for colorful times.
It never meant to be taken literally.
636
00:30:20,220 --> 00:30:21,665
He can argue that to the jury.
637
00:30:21,722 --> 00:30:23,531
It's an attack
on my client's character.
638
00:30:23,590 --> 00:30:25,797
He put his client's
character in issue.
639
00:30:26,059 --> 00:30:27,470
That's true, Mr. Chiles.
640
00:30:27,728 --> 00:30:30,106
I also plan to
cross-examine Mr. Miller
641
00:30:30,163 --> 00:30:32,609
about improprieties at
the Riverside Action Center.
642
00:30:32,699 --> 00:30:33,939
He was never charged with that.
643
00:30:34,001 --> 00:30:37,710
You two want a free-for-all? Fine.
Let the jury sort it all out.
644
00:30:38,405 --> 00:30:39,406
(BANGS GAVEL)
645
00:30:39,673 --> 00:30:41,243
(INAUDIBLE)
646
00:30:44,711 --> 00:30:49,888
I first met Lateef Miller back
in August 1967, at City College.
647
00:30:50,250 --> 00:30:53,356
We were recruiters for the Student
Nonviolent Coordinating Committee.
648
00:30:53,553 --> 00:30:55,430
How did the two of you get involved
with the Black Panther Party?
649
00:30:55,922 --> 00:30:58,869
The Committee wasn't speaking
to the times by the mid-'60s.
650
00:31:00,293 --> 00:31:03,206
After Martin and Malcolm
were killed,
651
00:31:03,263 --> 00:31:05,038
there was a lot of pent-up
anger on the streets.
652
00:31:05,432 --> 00:31:08,845
More militant brothers like me and
Lateef gravitated toward the Panthers.
653
00:31:10,704 --> 00:31:14,709
What was the Panthers' experience
with the police in those days?
654
00:31:15,075 --> 00:31:17,646
They hated us.
And we hated them.
655
00:31:17,744 --> 00:31:19,781
How did that police hatred
manifest itself?
656
00:31:21,014 --> 00:31:24,655
There was constant, day-to-day
harassment of our people on the streets.
657
00:31:24,851 --> 00:31:27,229
Infiltration of our meetings
by police operatives.
658
00:31:27,621 --> 00:31:31,068
The FBI led a campaign of
disinformation against us.
659
00:31:31,158 --> 00:31:34,696
Several brothers were outright
murdered in so-called police raids.
660
00:31:35,362 --> 00:31:37,364
What impact did
these events have on you?
661
00:31:39,599 --> 00:31:42,011
Well, they left me pretty
cynical about the police.
662
00:31:42,235 --> 00:31:44,010
Even after 30 years?
663
00:31:44,171 --> 00:31:45,980
Not much has changed.
664
00:31:46,239 --> 00:31:48,879
You recruit a bunch of white high
school kids from up in New Paltz
665
00:31:48,942 --> 00:31:50,751
to come down
and keep order in the hood,
666
00:31:50,977 --> 00:31:54,390
that's how you wind up with 41 shots on
some poor black guy coming home from work.
667
00:31:58,151 --> 00:31:59,494
Thank you.
668
00:32:01,655 --> 00:32:03,828
Do the police in
your neighborhood know
669
00:32:03,890 --> 00:32:06,063
you were once with
the Panthers, Mr. August?
670
00:32:06,426 --> 00:32:07,666
Some do.
671
00:32:07,761 --> 00:32:09,741
Any one of them ever
take a shot at you?
672
00:32:11,364 --> 00:32:13,401
No.
They ever single you out
673
00:32:13,467 --> 00:32:17,244
for persecution or harassment
because of your past affiliation?
674
00:32:17,337 --> 00:32:20,443
I know that when a white cop looks
at me, he doesn't see a businessman.
675
00:32:21,641 --> 00:32:23,052
He sees a potential criminal.
676
00:32:23,176 --> 00:32:27,716
The question was whether you were
singled out for your past affiliation?
677
00:32:30,150 --> 00:32:31,390
Not to my knowledge.
678
00:32:31,852 --> 00:32:35,425
Prior to this trial, when was the
last time you spoke to Lateef Miller?
679
00:32:36,256 --> 00:32:39,499
I couldn't give you a
precise figure, Mr. McCoy.
680
00:32:40,227 --> 00:32:42,798
Six months, or a year?
Couldn't tell you.
681
00:32:42,863 --> 00:32:45,969
Didn't you tell
the investigating police
682
00:32:46,033 --> 00:32:51,483
that it had been ten years since you
had spoken or seen Lateef Miller?
683
00:32:53,507 --> 00:32:54,781
It's possible that I did.
684
00:32:54,841 --> 00:32:58,152
Was that because you no
longer wanted to associate
685
00:32:58,245 --> 00:33:00,486
with a person who was
still committed to violence?
686
00:33:00,681 --> 00:33:05,061
I promise you, sir, his fear
of cops is my fear of cops.
687
00:33:05,185 --> 00:33:07,131
And his anger is my anger.
688
00:33:08,288 --> 00:33:11,758
Every time a police siren pulls up behind
me, I still get a feeling in my gut
689
00:33:11,825 --> 00:33:13,668
they're gonna pull over
and mess with me.
690
00:33:13,727 --> 00:33:18,073
Does that mean that you could see yourself
shooting a cop who came to your door?
691
00:33:18,331 --> 00:33:20,811
It means I'm tired
of being messed with.
692
00:33:29,209 --> 00:33:34,318
A week before I was arrested, my 17-year-old
nephew was shot by the police in Newark.
693
00:33:34,681 --> 00:33:36,183
What were the circumstances?
694
00:33:36,249 --> 00:33:37,990
They said he robbed
a woman's jewelry.
695
00:33:39,519 --> 00:33:41,123
And he was
"evading apprehension."
696
00:33:42,022 --> 00:33:43,933
Only they didn't find
any jewelry on him.
697
00:33:45,258 --> 00:33:49,570
So the best we can figure, he ran
because he had a joint in his pocket.
698
00:33:49,963 --> 00:33:51,374
What happened to your nephew?
699
00:33:53,033 --> 00:33:54,842
He's in a wheelchair.
700
00:33:55,435 --> 00:33:56,937
They say he may never
walk again.
701
00:33:58,038 --> 00:34:01,417
Now I'm gonna bring your attention
to the day in question.
702
00:34:01,508 --> 00:34:04,114
Can you tell the jury
what happened?
703
00:34:05,845 --> 00:34:09,190
I slept over at Selina's
that night, on the couch.
704
00:34:09,249 --> 00:34:11,752
I do that sometimes
when we work late.
705
00:34:13,653 --> 00:34:18,159
After our morning prayers, she went to work.
I made some phone calls.
706
00:34:18,792 --> 00:34:21,068
And then there was aloud
banging on the door.
707
00:34:21,161 --> 00:34:22,367
What did you do?
708
00:34:22,429 --> 00:34:24,705
I said, "What is it?"
709
00:34:25,465 --> 00:34:26,705
Did you get a response?
710
00:34:26,766 --> 00:34:27,767
He said, "Open the door."
711
00:34:27,834 --> 00:34:29,836
I said again, I said,
"Who is it?"
712
00:34:30,604 --> 00:34:33,107
And he said,
"Open the door."
713
00:34:33,807 --> 00:34:35,150
What happened next?
714
00:34:35,208 --> 00:34:38,678
Well, I went into the bedroom and I got
a gun that Selina keeps for protection.
715
00:34:39,012 --> 00:34:40,787
Why did you do that?
716
00:34:40,881 --> 00:34:44,021
Well, there was this guy.
He was banging on the door.
717
00:34:44,217 --> 00:34:46,322
He was cursing.
He was abusive.
718
00:34:47,053 --> 00:34:49,055
So then I opened the door.
719
00:34:50,023 --> 00:34:51,969
And he was standing there
with a pistol in his hands.
720
00:34:52,759 --> 00:34:54,136
Did he identify himself?
721
00:34:54,194 --> 00:34:55,298
At that time, yes.
722
00:34:55,362 --> 00:34:56,898
What did you do with your gun?
723
00:34:56,963 --> 00:34:59,239
Well, I had it
by my side, by my leg.
724
00:35:01,334 --> 00:35:02,677
And then he looked at me.
725
00:35:03,803 --> 00:35:05,407
And I could see
he recognized me.
726
00:35:05,639 --> 00:35:08,313
Move to strike. JUDGE: Last
part of the answer is stricken.
727
00:35:08,375 --> 00:35:11,117
When you looked into that detective's
eyes, what did you observe?
728
00:35:15,515 --> 00:35:17,495
I could see a look
come over his face.
729
00:35:18,485 --> 00:35:19,964
I'd seen that look before.
730
00:35:22,556 --> 00:35:24,035
He raised his gun,
731
00:35:24,925 --> 00:35:26,268
and he pointed it at me.
732
00:35:27,928 --> 00:35:29,703
I stepped away.
733
00:35:31,331 --> 00:35:33,106
And I raised my gun
and pointed it at him.
734
00:35:33,166 --> 00:35:34,645
It was reflex.
735
00:35:37,304 --> 00:35:38,647
And then we
both started shooting.
736
00:35:39,005 --> 00:35:41,451
You both started shooting
at the same time?
737
00:35:42,375 --> 00:35:44,252
Yes.
738
00:35:46,379 --> 00:35:47,517
Then he got hit.
739
00:35:50,317 --> 00:35:51,557
And I went over
740
00:35:52,819 --> 00:35:55,698
and I put my fingers on his
neck to try to feel a pulse.
741
00:35:58,625 --> 00:35:59,831
But he was dead.
742
00:36:02,429 --> 00:36:03,931
God, I panicked.
743
00:36:04,731 --> 00:36:06,210
I knew I couldn't stay there.
744
00:36:07,334 --> 00:36:09,109
Because nobody
would believe me.
745
00:36:10,804 --> 00:36:12,977
Now, Mr. Miller, from the
time that you opened the door
746
00:36:13,073 --> 00:36:15,485
to the time that you started
shooting, how much time had elapsed?
747
00:36:15,642 --> 00:36:17,212
Oh, it was fast.
It was real fast.
748
00:36:17,277 --> 00:36:18,881
It was maybe a second
or two at the most.
749
00:36:19,079 --> 00:36:20,581
Why did you shoot him,
Mr. Miller?
750
00:36:20,647 --> 00:36:22,558
I was defending myself.
751
00:36:22,983 --> 00:36:24,155
It was either him or me.
752
00:36:26,720 --> 00:36:28,529
No further questions.
753
00:36:34,494 --> 00:36:41,002
You were convicted on multiple
counts of armed robbery in 1971?
754
00:36:41,635 --> 00:36:44,047
It was an act
of civil disobedience.
755
00:36:44,137 --> 00:36:47,710
Getting compensation
for centuries of repression.
756
00:36:48,208 --> 00:36:49,619
So you think
what you did was right?
757
00:36:49,910 --> 00:36:51,685
It was justified by the times.
758
00:36:51,811 --> 00:36:56,692
And when you called on your
supporters to murder police officers
759
00:36:56,783 --> 00:36:59,320
in the late '60s,
that was justified?
760
00:36:59,419 --> 00:37:02,593
I've done positive things
in this city for 15 years.
761
00:37:02,989 --> 00:37:04,696
For 15 years,
Mr. McCoy.
762
00:37:04,891 --> 00:37:08,100
You're aware that the District
Attorney is investigating
763
00:37:08,161 --> 00:37:10,664
the Riverside Action
Project for fraud?
764
00:37:10,797 --> 00:37:15,712
There is no fraud. The government
places restrictions on our services.
765
00:37:16,136 --> 00:37:18,116
And sometimes we have to
push the envelope
766
00:37:18,405 --> 00:37:20,214
in order to keep families
in their apartments.
767
00:37:20,807 --> 00:37:24,380
Selina Watts told you the D.A.'s
office was targeting you.
768
00:37:24,444 --> 00:37:25,479
Yes.
769
00:37:25,545 --> 00:37:30,290
So for all you knew, Detective Kearsey had
come to her apartment on that matter?
770
00:37:30,517 --> 00:37:32,963
But he wasn't from Frauds,
was he, Mr. McCoy?
771
00:37:33,453 --> 00:37:34,864
And he never said he was.
772
00:37:34,921 --> 00:37:38,459
And he never identified
himself as a police officer
773
00:37:38,525 --> 00:37:40,027
while the door was closed?
774
00:37:40,160 --> 00:37:43,437
When the banging started
I was in the bedroom.
775
00:37:43,630 --> 00:37:46,076
Now if he said anything
at all, I didn't hear it.
776
00:37:46,433 --> 00:37:49,209
Oh, and nevertheless,
you chose to answer the door
777
00:37:49,302 --> 00:37:51,145
with an illegal gun
in your hand?
778
00:37:51,271 --> 00:37:54,343
There was a maniac trying
to break down the door.
779
00:37:54,474 --> 00:37:57,978
When you opened the door,
he pointed his gun at you?
780
00:37:58,044 --> 00:38:00,752
Yes. Because he saw
a gun in your hand?
781
00:38:01,014 --> 00:38:02,049
No.
782
00:38:02,348 --> 00:38:04,350
Because he recognized me.
783
00:38:05,185 --> 00:38:07,062
I could see by the way
he looked at me.
784
00:38:07,454 --> 00:38:11,163
A look you say you'd seen before,
Mr. Miller. What was It?
785
00:38:13,393 --> 00:38:14,770
It was hate, Mr. McCoy.
786
00:38:14,828 --> 00:38:16,705
Isn't it a fact, it was fear?
787
00:38:17,063 --> 00:38:20,169
You heard about him.
He was a racist.
788
00:38:21,334 --> 00:38:23,007
Even if he was,
789
00:38:23,069 --> 00:38:25,743
you couldn't have known anything
about that at the time.
790
00:38:25,839 --> 00:38:27,716
I could see it in his eyes.
791
00:38:27,841 --> 00:38:30,117
You were angry
because of your nephew?
792
00:38:30,343 --> 00:38:32,016
Angry that he might have to Yes
793
00:38:32,078 --> 00:38:34,024
spend the rest of his life
in a wheelchair?
794
00:38:34,214 --> 00:38:35,716
How would you feel?
795
00:38:35,815 --> 00:38:38,455
Isn't it a fact that you took out
your anger on Detective Kearsey?
796
00:38:38,518 --> 00:38:40,725
No. I reacted.
797
00:38:41,221 --> 00:38:46,694
You overreacted because he was a police
officer and because he was white.
798
00:38:47,193 --> 00:38:50,504
I had to make a judgment call
in a split second.
799
00:38:50,597 --> 00:38:53,976
You made the same kind of racial assumption
that you charge the police with?
800
00:38:54,067 --> 00:38:56,604
It's my life's experience.
801
00:38:56,770 --> 00:39:01,310
So your own racism justified this killing.
Is that what you're saying?
802
00:39:03,543 --> 00:39:05,045
No, Mr. McCoy.
803
00:39:06,246 --> 00:39:08,089
You're twisting my words.
804
00:39:08,982 --> 00:39:10,825
You're twisting the truth.
805
00:39:12,652 --> 00:39:14,154
Who's truth, Mr. Miller?
806
00:39:14,554 --> 00:39:15,897
Objection.
807
00:39:17,691 --> 00:39:19,295
Nothing further.
808
00:39:24,264 --> 00:39:25,834
I think you have
a very good picture
809
00:39:25,899 --> 00:39:28,004
of what the world looks
like to Lateef Miller.
810
00:39:28,535 --> 00:39:32,312
A man whose suspicions of the police was
nurtured by the racism that existed,
811
00:39:32,405 --> 00:39:34,248
and still exists
in this country.
812
00:39:34,808 --> 00:39:39,188
A worldview shaped by the
political foment of the '60s,
813
00:39:39,312 --> 00:39:41,724
and then crystallized
by current events,
814
00:39:41,781 --> 00:39:45,126
a never-ending list
of African-Americans
815
00:39:45,185 --> 00:39:48,962
that have been attacked or
murdered by white police officers.
816
00:39:49,022 --> 00:39:51,730
And then personalized
by a family tragedy
817
00:39:51,791 --> 00:39:54,670
that occurred a few days
before the incident.
818
00:39:54,961 --> 00:39:58,135
Lateef Miller believed in
his heart of hearts that
819
00:39:58,198 --> 00:40:00,075
that when he shot
Detective Kearsey,
820
00:40:00,166 --> 00:40:02,476
that he was defending his life.
821
00:40:02,869 --> 00:40:07,079
That makes him
not guilty of all charges.
822
00:40:08,274 --> 00:40:11,380
Now when you go to the jury room,
I ask you not to be swayed
823
00:40:11,444 --> 00:40:15,722
by the sympathy that you will naturally
feel for the victim and his family.
824
00:40:15,849 --> 00:40:18,693
I ask you, and the law requires
825
00:40:18,752 --> 00:40:21,961
that you put yourself in
Lateef Miller's shoes.
826
00:40:22,021 --> 00:40:26,868
If you are Lateef Miller and a
police officer shows up at your door
827
00:40:26,926 --> 00:40:30,533
with hatred in his eyes,
and pointing a gun at you,
828
00:40:31,431 --> 00:40:33,138
what goes through your head?
829
00:40:34,601 --> 00:40:35,909
"Defend myself."
830
00:40:39,772 --> 00:40:40,773
Thank you.
831
00:40:48,481 --> 00:40:53,089
Jake Kearsey and Lateef Miller didn't
go out on the morning in question
832
00:40:53,620 --> 00:40:55,361
to have a gun battle.
833
00:40:57,457 --> 00:40:59,960
One thing we'll never
know for sure
834
00:41:00,126 --> 00:41:04,404
is what set off the explosion
that left Detective Kearsey dead.
835
00:41:04,764 --> 00:41:08,712
The defendant has plausible explanations
for everything that happened,
836
00:41:09,002 --> 00:41:15,681
but you also have the luxury of placing
those explanations in context.
837
00:41:17,677 --> 00:41:22,717
Lateef Miller promoted
cop-killing 30 years ago.
838
00:41:23,016 --> 00:41:26,759
He admitted
dishonesty in his job
839
00:41:26,853 --> 00:41:31,268
and his claim of self-defense
is belied by his own actions.
840
00:41:31,724 --> 00:41:35,638
He ran from the crime scene,
hid from the police.
841
00:41:35,795 --> 00:41:39,072
When he was captured
he proclaimed his innocence.
842
00:41:39,165 --> 00:41:43,375
And now that he's
facing the death penalty
843
00:41:43,836 --> 00:41:46,715
it's not
"I didn't kill him."
844
00:41:46,806 --> 00:41:48,808
It's "I had to kill him."
845
00:41:50,443 --> 00:41:52,719
So, ask yourselves,
846
00:41:54,147 --> 00:41:58,721
if Detective Kearsey were here
to give his side of the story,
847
00:41:59,252 --> 00:42:03,462
would it look anything like
Lateef Miller's?
848
00:42:04,023 --> 00:42:08,472
The defense urges you to see the
world through Lateef Miller's eyes.
849
00:42:09,128 --> 00:42:11,005
Do that, ladies and gentlemen,
850
00:42:11,064 --> 00:42:16,742
if you wanna contaminate the truth with
Mr. Miller's anger and racial mistrust.
851
00:42:17,036 --> 00:42:18,811
Acquit Mr. Miller,
852
00:42:18,872 --> 00:42:22,081
if you think it fit to
allow him to avoid
853
00:42:22,141 --> 00:42:25,350
the moral consequences
of his actions
854
00:42:25,411 --> 00:42:29,018
by portraying himself
as the victim.
855
00:42:29,249 --> 00:42:33,163
The victim here is
Detective Kearsey,
856
00:42:33,453 --> 00:42:37,560
who innocently went to the wrong
apartment looking for a witness
857
00:42:37,624 --> 00:42:39,001
and wound up dead.
858
00:42:40,159 --> 00:42:45,768
I don't doubt that Mr. Miller has
encountered racism in his life,
859
00:42:47,667 --> 00:42:50,671
but it's not a free pass
to commit murder.
860
00:43:11,591 --> 00:43:13,468
Has the jury reached
a verdict, Mr. Foreman?
861
00:43:13,526 --> 00:43:14,800
JURY FOREMAN: Yes we have,
Your Honor.
862
00:43:14,861 --> 00:43:17,774
On the count of Murder in the
First Degree, how do you find?
863
00:43:17,864 --> 00:43:19,866
We find the defendant
not guilty.
864
00:43:20,233 --> 00:43:21,769
(PEOPLE APPLAUDING)
865
00:43:35,281 --> 00:43:37,454
You're missing
the Lateef Miller Show.
866
00:43:37,617 --> 00:43:39,119
Which channel?
867
00:43:39,452 --> 00:43:43,161
Two, four, five, seven, nine.
868
00:43:45,558 --> 00:43:47,060
Glad I have cable.
869
00:43:47,126 --> 00:43:49,970
Don't beat yourself up too
badly over this one, Jack.
870
00:43:50,129 --> 00:43:54,737
A guy shoots a New York City police
officer in the line of duty,
871
00:43:55,668 --> 00:43:57,079
and I can't convict him.
872
00:43:57,670 --> 00:44:00,150
Enough of the jury identified
with his fear of cops.
873
00:44:01,808 --> 00:44:04,652
Used to be fear of cops didn't
justify shooting them.
874
00:44:05,278 --> 00:44:07,224
Used to be a lot of things.
875
00:44:07,274 --> 00:44:11,824
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