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NARRATOR:
In the criminal justice system
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00:00:08,175 --> 00:00:12,009
the people are represented by two
separate yet equally important groups,
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00:00:12,079 --> 00:00:13,945
the police
who investigate crime
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00:00:14,014 --> 00:00:16,711
and the district attorneys
who prosecute the offenders.
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00:00:16,783 --> 00:00:18,376
These are their stories.
6
00:00:21,355 --> 00:00:22,413
That was pretty decent.
7
00:00:22,523 --> 00:00:25,185
Yeah? Well, I can't wait
to see you in action.
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00:00:26,527 --> 00:00:29,758
Okay, so let's do this.
9
00:00:36,069 --> 00:00:37,867
NEIL: Hauser,
are you working MDX?
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00:00:37,971 --> 00:00:39,097
TODD: Yeah.
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00:00:39,172 --> 00:00:41,436
You see what's happening? You
still want those puts at 38?
12
00:00:41,842 --> 00:00:44,334
No, uh, scratch
the ticket.
13
00:00:44,411 --> 00:00:45,401
(GRUNTS)
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00:00:49,483 --> 00:00:52,885
Todd,youlook like hell, man.
Are you okay?
15
00:00:53,020 --> 00:00:57,958
Yeah, just, uh, stay away from
that falafel guy on Water Street.
16
00:00:58,792 --> 00:00:59,782
All right.
17
00:01:08,368 --> 00:01:09,358
(GASPING)
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00:01:16,977 --> 00:01:17,967
(GROANS)
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00:01:24,384 --> 00:01:26,409
Cause of death was catastrophic
internal bleeding.
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00:01:26,486 --> 00:01:28,215
He staggered
in a little after 4:00,
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00:01:28,322 --> 00:01:30,450
vomited at the admissions
window and collapsed.
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00:01:30,524 --> 00:01:33,357
His Vitals had flat-lined by the
time we got him on the table.
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00:01:33,994 --> 00:01:36,759
That bruising's fresh,
and his forearms are swollen.
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00:01:36,830 --> 00:01:40,357
Probably from defending himself from
whoever beat the crap out of him.
25
00:01:40,701 --> 00:01:43,363
Expensive shoes,
nice shirt.
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00:01:43,437 --> 00:01:44,461
Flip him.
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00:01:47,608 --> 00:01:49,975
Back of his shirt and the seat
of his pants are all torn up.
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00:01:50,043 --> 00:01:52,171
Whoever kicked his ass had
him down on the ground.
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00:01:52,245 --> 00:01:55,909
But not a mark on his face. They
didn't want it to be obvious.
30
00:01:55,983 --> 00:01:58,748
Todd Hauser. There's an
address on Rivington.
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00:01:58,819 --> 00:02:00,309
He worked
at Wasserman Gardner.
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00:02:00,387 --> 00:02:03,322
A stock broker, beaten to death
in the middle of a work day.
33
00:02:03,991 --> 00:02:07,757
In this economy, this is the kind
of thing that might catch on.
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00:02:56,176 --> 00:02:57,701
Todd was hunched
over his desk
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00:02:57,778 --> 00:02:59,837
all afternoon yesterday,
holding his stomach.
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00:02:59,913 --> 00:03:00,971
I asked if he was okay.
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00:03:01,048 --> 00:03:03,949
He just said keep away from the
falafel cart on Water Street.
38
00:03:04,584 --> 00:03:06,746
I thought you guys never left your
desks when the market's open.
39
00:03:06,820 --> 00:03:09,517
We don't.
Todd snuck out at lunch.
40
00:03:09,589 --> 00:03:10,988
He was carrying
rollerblades.
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00:03:11,124 --> 00:03:13,684
I thought he went blading. We play in
a street hockey league on Saturdays.
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00:03:13,760 --> 00:03:15,854
Trust me, this was no
blading accident.
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00:03:16,496 --> 00:03:18,794
If somebody hurt him,
Todd would've told me.
44
00:03:18,965 --> 00:03:20,524
Did he have any
other past-times?
45
00:03:20,600 --> 00:03:21,761
Drugs, gambling.
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00:03:21,835 --> 00:03:24,099
No. Are these the skates
you saw him with?
47
00:03:24,171 --> 00:03:25,730
NEIL: Yes.
48
00:03:26,373 --> 00:03:30,401
These wheels are brand new. Triangle
Board and Skate, off Union Square.
49
00:03:31,778 --> 00:03:33,576
He brought in
his skates yesterday.
50
00:03:33,647 --> 00:03:35,513
He wanted more traction,
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00:03:35,582 --> 00:03:37,744
so we swapped out
his wheels for 82A's.
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00:03:37,818 --> 00:03:39,843
Okay, what did he look
like when he came in?
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00:03:39,986 --> 00:03:42,216
When he dropped off his
skates or when he came back?
54
00:03:42,289 --> 00:03:43,620
We'll take both.
55
00:03:44,524 --> 00:03:47,789
The first time he was fine, but
he came back like an hour later,
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00:03:47,861 --> 00:03:50,660
and, man, he was
dragging ass.
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00:03:50,731 --> 00:03:52,392
His girlfriend brought him
some cold packs.
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00:03:52,466 --> 00:03:54,901
His girlfriend,
what did she look like?
59
00:03:54,968 --> 00:03:56,663
She's Asian.
She's hot.
60
00:03:57,437 --> 00:04:00,134
I don't know her name, but she
always wears a Pixies t-shirt.
61
00:04:00,207 --> 00:04:01,675
So, you've
seen her before?
62
00:04:01,742 --> 00:04:03,904
A few times,
over on the Square,
63
00:04:03,977 --> 00:04:06,173
handing out comps for
the Grand Street Ballroom.
64
00:04:07,180 --> 00:04:09,205
He hit on me in
Union Square yesterday.
65
00:04:09,282 --> 00:04:11,683
We hung out a little,
but I'm not his girlfriend.
66
00:04:11,752 --> 00:04:12,810
He's not my type-
67
00:04:12,886 --> 00:04:16,220
Well, you liked him enough to buy
him cold packs at the skate shop.
68
00:04:16,289 --> 00:04:18,656
Oh, that? It was the
least I could do.
69
00:04:18,725 --> 00:04:20,955
He tripped over
one those metal things,
70
00:04:21,027 --> 00:04:23,086
you know, that they
put around the trees.
71
00:04:23,163 --> 00:04:24,528
No kidding?
72
00:04:24,598 --> 00:04:28,262
So he did all of this falling over
one of those little metal things?
73
00:04:28,335 --> 00:04:30,531
Oh, God.
What's wrong with him?
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00:04:30,837 --> 00:04:32,032
He's dead.
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00:04:32,706 --> 00:04:34,765
Somebody beat the living
daylights out of him.
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00:04:35,075 --> 00:04:36,770
Well, I don't know
anything about that.
77
00:04:36,843 --> 00:04:38,311
Look, I gotta go. I'm
gonna be late for class.
78
00:04:38,378 --> 00:04:40,039
Whoa, whoa,
whoa, whoa.
79
00:04:40,113 --> 00:04:41,979
What did you take
my picture for?
80
00:04:42,048 --> 00:04:43,106
In case you lied
to us, Donna.
81
00:04:43,183 --> 00:04:45,743
We'll need it for
the wanted poster. Look.
82
00:04:45,819 --> 00:04:47,344
Pixies t-shirt and all.
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00:04:48,288 --> 00:04:50,256
Wanted poster?
That's a new one.
84
00:04:50,323 --> 00:04:51,950
The girl checked out,
no beefs with the law.
85
00:04:52,058 --> 00:04:55,084
Lives in a dorm at NYU,
major in Victorian Literature.
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00:04:55,162 --> 00:04:56,596
With a minor in lying.
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00:04:56,663 --> 00:04:58,825
Find some hook into that
girl and bring her back in.
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00:04:59,533 --> 00:05:01,194
Sorting through your
photo collection?
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00:05:01,268 --> 00:05:02,997
(CHUCKLES) Yeah. No, this is
Todd Hauser's Blackberry.
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00:05:03,069 --> 00:05:04,230
CCS broke the password.
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00:05:04,304 --> 00:05:06,534
Check out this e-mail blast
he got this morning.
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00:05:06,606 --> 00:05:09,541
"It's on.
Union Square, 3:00 p.m."
93
00:05:09,609 --> 00:05:13,136
Union Square? That's where
Todd's troubles started.
94
00:05:13,280 --> 00:05:17,239
Yeah. This message was CC'd
to a couple dozen people.
95
00:05:17,317 --> 00:05:21,083
Yeah, including her.
"Surfer Rosa."
96
00:05:22,355 --> 00:05:24,585
Right there.
It's a Pixies album.
97
00:05:24,658 --> 00:05:27,127
Yeah, the girl was wearing
a Pixies t-shirt.
98
00:05:27,861 --> 00:05:31,456
Well, whatevefs on at 3:00
p.m., the girl's a part of it.
99
00:05:31,531 --> 00:05:34,159
You've got 20 minutes
to get to Union Square.
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00:05:38,638 --> 00:05:39,935
(PEOPLE CHATTERING)
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00:05:40,574 --> 00:05:41,769
Yeah, over here, man.
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00:05:42,642 --> 00:05:44,508
MAN: Dude,
are you ready for this?
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00:05:44,578 --> 00:05:45,704
(CHATTERING CONTINUES)
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00:05:54,921 --> 00:05:56,753
Feels like something's
about to go down.
105
00:05:57,190 --> 00:05:58,180
Yeah.
106
00:06:00,594 --> 00:06:03,825
MAN 1: Yo! Here we go!
It's showtime!
107
00:06:03,897 --> 00:06:07,299
MAN 2: All right. Keep those punches down.
No shots to the face.
108
00:06:07,601 --> 00:06:08,591
(PEOPLE CHEERING)
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00:06:15,275 --> 00:06:17,004
A street fight
with a referee.
110
00:06:17,077 --> 00:06:19,102
Yeah. Maybe this is how
Todd got his ass kicked.
111
00:06:19,746 --> 00:06:21,271
Look at this over here, man.
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00:06:23,116 --> 00:06:25,380
WOMAN: Come on.
Hit him harder.
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00:06:25,986 --> 00:06:27,147
Hey, look.
It's our friend.
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00:06:27,220 --> 00:06:28,415
I see.
115
00:06:32,325 --> 00:06:33,588
Come on, man,
above the waist.
116
00:06:33,660 --> 00:06:35,253
Nothing in the face.
That's what I told you!
117
00:06:35,962 --> 00:06:36,986
You all right?
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00:06:37,063 --> 00:06:38,121
We got to stop this.
Yeah.
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00:06:38,198 --> 00:06:39,996
REFEREE: You sure?
You sure? You sure?
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00:06:40,533 --> 00:06:42,433
Hey, You going to
do your job?
121
00:06:42,502 --> 00:06:44,061
Oh, yeah. Sorry.
122
00:06:44,137 --> 00:06:46,401
All right.
Hook 'em both up.
123
00:06:46,473 --> 00:06:47,463
For what?
124
00:06:47,540 --> 00:06:48,632
Just do it.
125
00:06:48,708 --> 00:06:52,008
All right, all right.
Let's stop this.
126
00:06:52,312 --> 00:06:54,804
Hey, come on, man, this ain't fair.
They both want to fight.
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00:06:54,981 --> 00:06:57,040
You too, Don King. Come on.
You're coming with us.
128
00:06:57,851 --> 00:07:01,185
Aren't you supposed to be in class?
Let's go. Let's take a ride.
129
00:07:01,655 --> 00:07:06,024
We got rules. No head or face
shots, nothing to the groin area.
130
00:07:06,226 --> 00:07:09,287
If you're some kind of pro or you
got training, you've got to tell.
131
00:07:09,362 --> 00:07:10,454
What's in it for you?
132
00:07:10,530 --> 00:07:12,191
I give lessons to some
of the younger dudes.
133
00:07:12,265 --> 00:07:14,666
And these lessons,
they don't come for free.
134
00:07:14,734 --> 00:07:17,362
You got a problem with
capitalism, move to Cuba.
135
00:07:17,437 --> 00:07:19,565
We got a problem when
somebody gets beat to death.
136
00:07:21,508 --> 00:07:22,873
You recognize him?
137
00:07:25,478 --> 00:07:28,504
Yeah. Yeah, he was
out there on Tuesday.
138
00:07:29,349 --> 00:07:30,475
Got whopped big time.
139
00:07:30,884 --> 00:07:31,908
By who?
140
00:07:32,752 --> 00:07:34,083
Nobody gives their name.
141
00:07:34,888 --> 00:07:38,256
I didn't mean to lie. I just
didn't want to get in trouble.
142
00:07:38,358 --> 00:07:39,757
LUPO: Yeah. Well,
you are in trouble.
143
00:07:39,826 --> 00:07:41,760
So, why don't you
tell us what happened?
144
00:07:42,796 --> 00:07:45,288
You know, I think
she liked watching Todd
145
00:07:45,365 --> 00:07:46,594
get the life
beat out of him.
146
00:07:46,766 --> 00:07:47,824
No way, I didn't...
147
00:07:47,901 --> 00:07:50,131
And the guy who killed
him is her boyfriend.
148
00:07:50,303 --> 00:07:51,998
Thafsinsane. No,no,lHke
the sound of this.
149
00:07:52,172 --> 00:07:54,664
You liked watching your man
kill someone, didn't you?
150
00:07:54,741 --> 00:07:58,302
In fact, you probably
set the whole thing up.
151
00:07:58,378 --> 00:08:00,278
Yeah, she probably
played Todd.
152
00:08:00,347 --> 00:08:01,371
Made him fight.
153
00:08:01,448 --> 00:08:05,351
Unless you want a charge of
conspiracy to commit assault,
154
00:08:05,418 --> 00:08:07,785
you better help us
find this person.
155
00:08:12,158 --> 00:08:16,686
Okay. I think I saw him
in one of the videos.
156
00:08:18,765 --> 00:08:20,358
On the Internet.
157
00:08:21,201 --> 00:08:22,362
(PEOPLE CHEERING)
158
00:08:25,472 --> 00:08:28,442
Hang on, this is a good one.
Watch what happens.
159
00:08:33,680 --> 00:08:35,705
Did you see that?
He puked!
160
00:08:36,483 --> 00:08:38,508
You should see about
getting some counseling.
161
00:08:39,986 --> 00:08:42,182
You see the guy
we're looking for?
162
00:08:42,288 --> 00:08:44,689
No, maybe
in the next one.
163
00:08:46,459 --> 00:08:48,621
DONNA: Oh, wait,
that's him!
164
00:08:48,695 --> 00:08:49,685
BERNARD: Which one?
165
00:08:49,763 --> 00:08:52,289
Him, with the hard hat.
166
00:08:52,399 --> 00:08:54,333
VAN BUREN: Construction
workers on break.
167
00:08:54,401 --> 00:08:57,063
They can't be more than a
few blocks from the Square.
168
00:08:57,337 --> 00:09:00,534
Whatever happened to just
watching pretty ladies walk by?
169
00:09:03,843 --> 00:09:07,336
You're looking for Vince. He's the
guy working that steel over there.
170
00:09:07,414 --> 00:09:08,779
Thanks.
171
00:09:13,787 --> 00:09:16,256
Hey, Vince?
Detective Lupo.
172
00:09:16,322 --> 00:09:17,790
This is Detective Bernard.
173
00:09:17,857 --> 00:09:18,983
We'd like to talk to you
for a second.
174
00:09:20,060 --> 00:09:21,255
What's up, fellas?
175
00:09:22,562 --> 00:09:23,859
You know him?
176
00:09:25,398 --> 00:09:27,560
Yeah, we mixed it up at Union
Square a few days ago.
177
00:09:28,168 --> 00:09:30,193
Is that yuppie dip trying to
press charges or something?
178
00:09:30,270 --> 00:09:32,637
No, you beat him
till his kidneys burst.
179
00:09:32,705 --> 00:09:34,366
Maybe you want
to pay a fine.
180
00:09:34,441 --> 00:09:35,875
Hey, he challenged me.
181
00:09:36,743 --> 00:09:38,177
Come on, this is bull
and you know it.
182
00:09:38,244 --> 00:09:40,042
Oh, yeah?
That's your opinion.
183
00:09:40,113 --> 00:09:41,808
Us, we're charging you
with murder.
184
00:09:41,881 --> 00:09:43,371
Murder? What? No way!
185
00:09:43,450 --> 00:09:44,645
We'll show you
the autopsy pictures.
186
00:09:44,717 --> 00:09:46,446
You can order a set
for your scrapbook.
187
00:09:46,519 --> 00:09:50,217
(CHUCKLING) Ralph, Larry,
you see what's going on?
188
00:09:50,290 --> 00:09:51,985
They're arresting me
for fighting that guy.
189
00:09:52,559 --> 00:09:54,891
My buddies aren't
going to let this go.
190
00:09:54,961 --> 00:09:58,056
Lupo and Bernando,
remember those names, Ralph.
191
00:09:58,131 --> 00:09:59,997
Bernard.
Lupo and Bernard.
192
00:10:00,066 --> 00:10:01,534
Why's everybody
so hostile?
193
00:10:05,105 --> 00:10:08,666
You got the guy, right? This guy,
Vince Fonsella? That's what we heard.
194
00:10:08,741 --> 00:10:09,731
You're charging him
with murder?
195
00:10:09,809 --> 00:10:11,675
Well, we're still
sorting that out.
196
00:10:12,278 --> 00:10:13,336
What's to sort out?
197
00:10:13,413 --> 00:10:16,348
Look, I'm sorry, Mr. Hauser,
about your brother,
198
00:10:16,416 --> 00:10:19,716
but the fact of the matter is
that he consented to the fight.
199
00:10:19,786 --> 00:10:21,413
He didn't consent
to be killed.
200
00:10:22,755 --> 00:10:24,746
Do you believe this!
They're blaming Todd.
201
00:10:24,824 --> 00:10:28,556
We heard this Vince guy, he kept beating
on Todd even after Todd tapped out.
202
00:10:29,662 --> 00:10:30,788
tapped out?
203
00:10:32,398 --> 00:10:34,765
Surrendered. It's supposed
to end the fight.
204
00:10:36,569 --> 00:10:39,869
All right, Mr. Hauser,
you're not in your firehouse.
205
00:10:42,942 --> 00:10:44,376
Where did you hear
he tapped out?
206
00:10:44,711 --> 00:10:48,306
The Internet. Somebody posted a
comment where they have fight videos.
207
00:10:48,648 --> 00:10:50,810
Well, we'll look into that.
208
00:10:50,884 --> 00:10:52,909
Yeah, yeah, that's great.
You do that.
209
00:10:55,755 --> 00:10:58,281
Well, if Todd tapped out,
he withdrew his consent.
210
00:10:58,358 --> 00:11:00,383
That ups the charge to second
degree assault, maybe murder.
211
00:11:00,460 --> 00:11:02,554
Those law classes
are paying off.
212
00:11:02,629 --> 00:11:04,927
We still need a witness
to corroborate.
213
00:11:04,998 --> 00:11:07,968
Well, the comments were posted
on the Internet anonymously.
214
00:11:08,034 --> 00:11:09,661
If you can subpoena
the lSP's.
215
00:11:09,736 --> 00:11:11,534
Sure, and maybe I'll get
them three months from now,
216
00:11:11,604 --> 00:11:14,972
but I have to arraign Vince
Fonsella within 24 hours.
217
00:11:15,041 --> 00:11:17,806
So, I need you guys to dig up
everything you can by then.
218
00:11:17,977 --> 00:11:19,308
Anything we get,
you get.
219
00:11:19,379 --> 00:11:21,871
And next time,
before you arrest someone,
220
00:11:21,948 --> 00:11:24,007
try bringing the ball
forward a little more.
221
00:11:24,083 --> 00:11:25,812
I don't like
playing catch-up.
222
00:11:29,689 --> 00:11:31,748
CLERK: "Docket number 08863.
223
00:11:31,824 --> 00:11:35,260
"People v. Vincent Fonseffa, Assault in
the Third Degree and Disorderly Conduct."
224
00:11:35,328 --> 00:11:37,126
Assault?
He killed my brother!
225
00:11:37,197 --> 00:11:38,824
Oh, come on, sit down!
226
00:11:38,932 --> 00:11:39,990
JUDGE: Quiet!
227
00:11:40,066 --> 00:11:41,056
(CLAMORING)
228
00:11:41,668 --> 00:11:42,760
JUDGE: Quiet!
229
00:11:44,938 --> 00:11:46,235
How do you plead
Mr. Fonsella?
230
00:11:46,306 --> 00:11:49,139
Not guilty. The victim
challenged my client to a fight.
231
00:11:49,209 --> 00:11:51,109
This was mutual combat,
a sporting event.
232
00:11:51,177 --> 00:11:52,975
Your Honor,
the People request remand.
233
00:11:53,046 --> 00:11:54,673
For a misdemeanor
assault?
234
00:11:54,881 --> 00:11:57,475
Mr. Fonsella resides
with his wife and children.
235
00:11:57,550 --> 00:11:59,382
He's had the same job
for seven years.
236
00:11:59,586 --> 00:12:00,747
Pending witness
confirmation,
237
00:12:00,820 --> 00:12:02,083
we expect to indict
for murder.
238
00:12:02,155 --> 00:12:04,681
I don't see a murder charge on the piece
of paper in front of me right now.
239
00:12:04,958 --> 00:12:07,984
Cross your T's before you get here, Ms.
Rubirosa.
240
00:12:08,995 --> 00:12:11,430
The defendant is released
on his own recognizance.
241
00:12:11,497 --> 00:12:12,487
(CHEERING)
242
00:12:13,967 --> 00:12:17,562
Hey, you can't let him go! Hey,
say something, lady! Do your job!
243
00:12:18,504 --> 00:12:21,906
Get them all out of here!
Get them out!
244
00:12:22,976 --> 00:12:23,966
(ALL SHOUTING)
245
00:12:26,179 --> 00:12:28,546
The big guy tackled Todd
to the ground.
246
00:12:28,815 --> 00:12:31,580
He was on top of him. I couldn't
see what Todd was doing.
247
00:12:33,553 --> 00:12:35,419
I don't know
what you want from me.
248
00:12:35,555 --> 00:12:37,080
You want me to say
he tapped out?
249
00:12:37,156 --> 00:12:38,146
We want the truth.
250
00:12:38,224 --> 00:12:39,885
I am telling the truth!
251
00:12:43,529 --> 00:12:44,963
They were
blocking my view.
252
00:12:45,031 --> 00:12:47,762
And you, the fight junkie, you
didn't move to get a better look?
253
00:12:50,770 --> 00:12:54,866
All right, put her in holding while I
talk to the D.A. about obstruction.
254
00:12:54,941 --> 00:12:57,876
No, no, please.
Just let me think.
255
00:13:01,180 --> 00:13:04,673
So, you were standing
behind Vince's buddies.
256
00:13:05,018 --> 00:13:06,179
Maybe they said something.
257
00:13:06,486 --> 00:13:08,545
Well, they didn't say anything
about Todd tapping out.
258
00:13:08,621 --> 00:13:13,457
One of them just said that he
pulled a Roberto-something.
259
00:13:13,960 --> 00:13:15,485
A Roberto Duran?
Yeah.
260
00:13:15,561 --> 00:13:18,030
He said Todd
pulled a Roberto Duran.
261
00:13:18,131 --> 00:13:20,725
"No m?s, no m?s. "
He gave up.
262
00:13:21,434 --> 00:13:23,766
Sounds like somebody
saw him tap out.
263
00:13:24,470 --> 00:13:25,733
Who said this about Todd?
264
00:13:27,106 --> 00:13:29,040
An Italian guy,
long hair.
265
00:13:30,476 --> 00:13:32,205
I never said nothing
about Roberto Duran.
266
00:13:32,278 --> 00:13:35,145
Hey, you know what? You already got
Vince, so why are you harassing us?
267
00:13:35,381 --> 00:13:38,407
Because the guy Vince killed was
trying to tap out of the fight.
268
00:13:38,484 --> 00:13:39,883
And you all saw it.
269
00:13:41,921 --> 00:13:45,016
Come on, guys,
whatever happened to,
270
00:13:45,091 --> 00:13:46,684
you know,
playing by the rules?
271
00:13:46,759 --> 00:13:48,784
Hey, nobody
saw a tap-out.
272
00:13:48,861 --> 00:13:50,192
(CRASHING)
Whoa!
273
00:13:56,069 --> 00:13:58,800
All right, construction
site's a dangerous place.
274
00:13:58,871 --> 00:14:00,669
You and your girlfriend
might want to take off.
275
00:14:04,377 --> 00:14:06,072
I got nothing to say.
276
00:14:06,145 --> 00:14:08,079
Do unto others.
277
00:14:09,115 --> 00:14:12,016
You wind up dead, you'd want
someone to speak out, right?
278
00:14:12,085 --> 00:14:14,019
I ain't no martyr.
I got a family.
279
00:14:14,087 --> 00:14:15,782
Vince's cousin owns
this outfit.
280
00:14:15,855 --> 00:14:17,414
I snitch,
I won't be working.
281
00:14:17,490 --> 00:14:19,083
Then don't snitch, then.
282
00:14:19,158 --> 00:14:22,093
Just let us know if we're on the
right track with this tap-out.
283
00:14:26,099 --> 00:14:27,965
Vince saw the tap-out.
284
00:14:28,034 --> 00:14:29,832
He said he just wanted to
get in a few last shots
285
00:14:29,902 --> 00:14:31,131
before the ref
stopped the fight.
286
00:14:31,337 --> 00:14:33,499
Wait, wait, but the ref
didn't stop the fight?
287
00:14:33,573 --> 00:14:35,564
He was busy rapping
to some girls.
288
00:14:35,641 --> 00:14:37,541
Vince just kept wailing
on that guy.
289
00:14:38,911 --> 00:14:40,936
Put me in court,
I'll deny it.
290
00:14:43,916 --> 00:14:45,406
I assume this
meeting means that
291
00:14:45,485 --> 00:14:46,816
you've come
begging for a deal.
292
00:14:46,953 --> 00:14:48,250
CUTTER: We don't
need to beg.
293
00:14:48,321 --> 00:14:50,449
A witness says
Todd Hauser tapped out.
294
00:14:51,124 --> 00:14:53,684
I know 20 guys
who say he didn't.
295
00:14:53,826 --> 00:14:57,285
Our witness also said you saw the
tap-out but continued the assault.
296
00:14:57,630 --> 00:14:59,621
We're offering your
client Man One.
297
00:14:59,699 --> 00:15:01,133
Not a chance.
298
00:15:01,200 --> 00:15:04,363
This was a consensual competition
between two amateurs.
299
00:15:05,238 --> 00:15:07,764
On the other hand, Mr.
Gates, I'm a professional,
300
00:15:07,840 --> 00:15:12,141
and if you insist on going to
trial, I'll ask for 20 years.
301
00:15:13,946 --> 00:15:15,175
(WHISPERING)
302
00:15:17,316 --> 00:15:19,011
Criminally negligent homicide.
303
00:15:22,989 --> 00:15:27,586
My father used to talk about the bare-knuckle
street fights during the Depression.
304
00:15:27,660 --> 00:15:31,392
But they were fighting for
money to feed their families.
305
00:15:31,464 --> 00:15:33,455
These guys, they're
feeding their egos.
306
00:15:33,933 --> 00:15:36,800
With police officers cheering
them on from the sidelines.
307
00:15:36,869 --> 00:15:39,998
Command's excuse is that because
the fights are consensual,
308
00:15:40,072 --> 00:15:42,598
all they can do is issue tickets
for disorderly conduct.
309
00:15:42,875 --> 00:15:46,334
If the police won't shut this down,
we will. We need to make an example.
310
00:15:46,412 --> 00:15:50,007
Except the victim in this case did
challenge the defendant to a fight.
311
00:15:50,082 --> 00:15:52,380
But then he threw in the towel.
Isn't that what your witness said?
312
00:15:52,452 --> 00:15:55,854
We used the witness to leverage
the plea, but he won't testify.
313
00:15:55,988 --> 00:16:00,653
Anyway, between the spectators and
the girl who egged on Todd Hauser,
314
00:16:00,726 --> 00:16:02,854
there's enough
blame here to go around.
315
00:16:02,929 --> 00:16:04,863
That's a fine,
mealy-mouthed sentiment.
316
00:16:05,665 --> 00:16:09,499
If negligent homicide is the
best you can do, take it.
317
00:16:09,635 --> 00:16:12,195
But make sure
Mr. Fonsella does jail time.
318
00:16:13,406 --> 00:16:15,033
Bernard, check this out.
319
00:16:17,276 --> 00:16:19,870
Fonsella's high school
yearbook.
320
00:16:22,648 --> 00:16:25,140
Vincent Fonsella was in the
Golden Gloves boxing club
321
00:16:25,218 --> 00:16:26,344
at his high school.
322
00:16:26,419 --> 00:16:27,909
Undefeated,
his senior year.
323
00:16:27,987 --> 00:16:30,285
Something Fonsella
forgot to tell Hauser.
324
00:16:30,356 --> 00:16:31,790
Deal is, if you're
atrained fighter,
325
00:16:31,858 --> 00:16:33,223
you're supposed to tell
the other guy.
326
00:16:33,292 --> 00:16:35,226
How the hell
did you miss this?
327
00:16:35,328 --> 00:16:37,353
I thought you'd be happy
we found it.
328
00:16:37,430 --> 00:16:40,422
We gave Fonsella a plea on the
assumption he was untrained.
329
00:16:40,500 --> 00:16:43,435
This makes him liable
for second-degree murder
330
00:16:43,503 --> 00:16:46,302
instead of the slap-on-the-wrist
we agreed to.
331
00:16:51,878 --> 00:16:53,778
CUTTER: This plea was
predicated on the belief
332
00:16:53,846 --> 00:16:55,712
that the fight
was consensual.
333
00:16:55,915 --> 00:16:58,782
Since the defendant
misrepresented his skill level,
334
00:16:58,885 --> 00:17:01,684
the victim's consent
was fraudulently obtained.
335
00:17:01,921 --> 00:17:03,912
We're moving to void
the plea agreement.
336
00:17:03,990 --> 00:17:07,654
Todd Hauser played college hockey.
He wasn't a pushover.
337
00:17:08,227 --> 00:17:09,490
I agree.
338
00:17:09,562 --> 00:17:11,553
In the street, you take your
opponent as you find him.
339
00:17:12,031 --> 00:17:14,898
Since the defendant knew that
he'd do harm to Mr. Hauser,
340
00:17:14,967 --> 00:17:16,264
he can't plead
to negligence.
341
00:17:16,335 --> 00:17:19,498
I'm not clogging my calendar because the
D.A.'s office didn't do its homework.
342
00:17:20,039 --> 00:17:22,974
The court accepts the defendant's
plea to Negligent Homicide.
343
00:17:23,042 --> 00:17:24,942
CUTTER: Over our objection.
344
00:17:25,077 --> 00:17:26,203
JUDGE: So noted.
345
00:17:26,279 --> 00:17:28,976
The People will be requesting
the maximum, four years.
346
00:17:29,048 --> 00:17:30,812
Don't get your hopes up,
Mr. Cutter.
347
00:17:30,883 --> 00:17:32,647
I'm leaning against
giving jail time.
348
00:17:35,288 --> 00:17:38,485
Negligent Homicide?
What the hell is that?
349
00:17:38,624 --> 00:17:39,955
Todd Hauser's brother.
350
00:17:40,192 --> 00:17:42,684
Mr. Hauser,
the case isn't over yet.
351
00:17:42,762 --> 00:17:44,321
That's not what
the judge said.
352
00:17:44,397 --> 00:17:45,523
You guys screwed up.
353
00:17:46,632 --> 00:17:48,031
I understand how you feel.
354
00:17:48,100 --> 00:17:54,403
Understand? My kid brother was lying
with his face on the pavement,
355
00:17:54,473 --> 00:17:55,770
his guts filling up
with blood,
356
00:17:55,841 --> 00:17:58,367
getting beat to death
while people cheered.
357
00:17:59,245 --> 00:18:00,337
And the animal
that did it to him
358
00:18:00,413 --> 00:18:01,903
is gonna walk
because of you.
359
00:18:14,226 --> 00:18:16,752
Probation for a murder.
360
00:18:17,196 --> 00:18:19,460
Well, we all came up
short on this one.
361
00:18:20,199 --> 00:18:24,329
We? I don't see your boss sitting
here eating crow with the rest of us.
362
00:18:24,804 --> 00:18:27,034
He knew it was
a dicey case to begin with.
363
00:18:27,406 --> 00:18:28,737
(CELL PHONES RINGING)
364
00:18:32,011 --> 00:18:33,103
Looks like it still is.
365
00:18:33,212 --> 00:18:34,202
Yeah.
366
00:18:35,147 --> 00:18:36,137
Let's go.
367
00:18:38,084 --> 00:18:41,054
Witnesses said they were
20 or 25 combatants.
368
00:18:41,120 --> 00:18:42,815
They were still fighting
when we got here.
369
00:18:42,888 --> 00:18:43,912
We got two dead,
370
00:18:43,990 --> 00:18:46,687
a third may not make it,
12 injured.
371
00:18:46,759 --> 00:18:47,988
(SIREN BLARING) They
weren't messing around.
372
00:18:48,794 --> 00:18:50,319
It's okay, we're right here,
Reggie. We're right here.
373
00:18:50,396 --> 00:18:54,492
Okay, come on. We'll follow Daddy.
Let's go. Come on. Up.
374
00:19:02,708 --> 00:19:05,575
Todd Hauser's buddies mixed
it up with Fonsella's crew.
375
00:19:05,645 --> 00:19:07,739
Fonsella is
one of the dead.
376
00:19:07,813 --> 00:19:09,975
We have six
in custody so far.
377
00:19:10,049 --> 00:19:14,486
The injured are at the E.R. We're
headed over there now to make arrests.
378
00:19:28,200 --> 00:19:31,170
Justice by other means.
379
00:19:41,414 --> 00:19:42,813
SEAN: I got nothing
to say about it.
380
00:19:42,882 --> 00:19:44,941
We're hearing Fonsella's
guys started this.
381
00:19:45,017 --> 00:19:46,416
Is this true?
382
00:19:46,752 --> 00:19:49,517
I told you.
Nothing to say.
383
00:19:49,622 --> 00:19:54,025
Put him under arrest. As soon as he's
patched up, take him down to the station.
384
00:19:54,093 --> 00:19:55,083
There you go.
385
00:19:55,161 --> 00:19:57,061
They started dissin' Vince
when we left court.
386
00:19:57,129 --> 00:19:58,858
I thought we were going to
throw it down right there,
387
00:19:58,931 --> 00:20:00,660
but the cops
were all around.
388
00:20:00,733 --> 00:20:02,064
Then one of
the gel heads says,
389
00:20:02,134 --> 00:20:04,762
"We settle this, 6:00
p.m., East River Field."
390
00:20:04,970 --> 00:20:06,062
Yeah, and that's
where you went.
391
00:20:06,138 --> 00:20:07,196
Hell, yeah.
392
00:20:08,307 --> 00:20:09,365
And you brought weapons?
393
00:20:09,442 --> 00:20:10,603
No comment.
394
00:20:11,143 --> 00:20:12,133
They did, too.
395
00:20:12,211 --> 00:20:15,704
No one leaves here without giving
a statement to a detective.
396
00:20:15,781 --> 00:20:19,615
Yes, I'm still holding
for the Chief of Detectives.
397
00:20:20,453 --> 00:20:21,648
(CLAMORING)
398
00:20:22,154 --> 00:20:25,089
Hey! You can't hook
them up together.
399
00:20:25,424 --> 00:20:26,914
All right. Come on!
400
00:20:31,163 --> 00:20:32,221
Can I help you?
401
00:20:33,265 --> 00:20:35,165
They told me
to give a statement.
402
00:20:35,735 --> 00:20:37,134
Were you a witness?
403
00:20:38,537 --> 00:20:42,030
My husband.
My husband...
404
00:20:42,108 --> 00:20:44,338
Yes, I'm still here.
405
00:20:48,814 --> 00:20:49,804
Um...
406
00:20:50,382 --> 00:20:53,716
Tell the Chief
I'll call him back. Yes.
407
00:20:55,454 --> 00:20:57,650
What happened
to your husband?
408
00:20:57,723 --> 00:21:00,715
We were in the park
with our son.
409
00:21:01,060 --> 00:21:03,028
And all these men
showed up.
410
00:21:04,563 --> 00:21:06,531
It all happened so fast.
411
00:21:08,200 --> 00:21:12,569
My Reggie got hurt.
They just told me he was...
412
00:21:14,039 --> 00:21:17,566
(CRYING) He was...
He was...
413
00:21:18,477 --> 00:21:19,774
I'm so sorry.
414
00:21:21,547 --> 00:21:25,347
Why were they fighting?
Can you tell me?
415
00:21:26,051 --> 00:21:27,576
Why did they fight?
416
00:21:34,059 --> 00:21:36,187
CLERK: "Case 363421.
417
00:21:36,262 --> 00:21:40,130
"People v. Jason Kimmef, Ralph Ricci et a}.
Riot in the First Degree."
418
00:21:40,199 --> 00:21:42,224
Quiet!
Quiet!
419
00:21:44,103 --> 00:21:46,595
These are the
East River brawl all-stars?
420
00:21:46,672 --> 00:21:50,108
Uh, Your Honor, I object
to your characterization.
421
00:21:50,176 --> 00:21:52,838
Mr. Reardon, since you're the
best dressed lawyer here today,
422
00:21:52,912 --> 00:21:54,971
I'm appointing you spokesman
for this motley crew.
423
00:21:55,047 --> 00:21:56,674
They're all pleading
not guilty, I assume.
424
00:21:59,351 --> 00:22:00,375
Absolutely, Your Honor.
425
00:22:00,452 --> 00:22:03,012
YourHonon we're requesting
remand across the board.
426
00:22:03,122 --> 00:22:05,056
These defendants
engaged in a brawl
427
00:22:05,124 --> 00:22:07,354
that left three dead
and 12 injured.
428
00:22:07,426 --> 00:22:09,087
There are different
levels of culpability here.
429
00:22:09,228 --> 00:22:10,662
We're still sorting
that out, Judge.
430
00:22:10,729 --> 00:22:13,289
When you're able to identify
who did what, we'll talk.
431
00:22:13,499 --> 00:22:16,560
Bail is set at $10,000
per defendant.
432
00:22:17,303 --> 00:22:20,603
A mallet, a crowbar, a hatchet,
it's the gangs of New York.
433
00:22:20,673 --> 00:22:24,166
Open warfare because we put
a thug back on the street.
434
00:22:24,243 --> 00:22:26,473
We did the best
we could with what we had.
435
00:22:26,545 --> 00:22:28,445
We let this case
get away from us.
436
00:22:28,514 --> 00:22:30,539
Charge every last
one of them with murder.
437
00:22:30,616 --> 00:22:32,277
It was
a free-for-all.
438
00:22:32,351 --> 00:22:35,218
We can't prove which defendant
attacked which victim.
439
00:22:35,287 --> 00:22:37,312
It's too early
to tap out, Mike.
440
00:22:39,658 --> 00:22:43,094
Hey, Lupo found a video of
the brawl on the Internet.
441
00:22:43,762 --> 00:22:47,164
Yeah. That's... Right
there, that's Jason Kimmel,
442
00:22:47,233 --> 00:22:49,600
and that's Neil Whitman
from Todd Hauser's work.
443
00:22:49,668 --> 00:22:51,693
And that is Adam Neville,
from Todd's hockey team.
444
00:22:51,770 --> 00:22:54,603
CUTTER: And now, we have them
on video killing Fonsella.
445
00:22:54,673 --> 00:22:56,505
Let's get them
remanded immediately.
446
00:22:56,575 --> 00:22:59,442
Unless we know who shot that, we're gonna
have a problem getting it into evidence.
447
00:22:59,511 --> 00:23:01,104
Well, who posted it
on the Internet?
448
00:23:01,180 --> 00:23:03,342
He calls himself
"I Was There."
449
00:23:03,415 --> 00:23:04,780
I don't think
he's in the phonebook.
450
00:23:04,850 --> 00:23:06,511
Yeah. According to our
computer guys,
451
00:23:06,585 --> 00:23:08,644
"I Was There" set up
a phony account,
452
00:23:08,721 --> 00:23:11,088
and uploaded the video
at an Internet cafe,
453
00:23:11,156 --> 00:23:12,317
so there's no way
to track it.
454
00:23:12,458 --> 00:23:16,486
Did you show me this video just to
annoy me? This is our best evidence.
455
00:23:16,695 --> 00:23:19,756
No judge is going to allow something
we just found on the Internet.
456
00:23:19,932 --> 00:23:23,926
Plus, we don't have the original and
we can't demonstrate who made it.
457
00:23:24,937 --> 00:23:27,998
Except, the defense
doesn't know that.
458
00:23:30,509 --> 00:23:32,068
CUTTER: No doubt
that's your client.
459
00:23:32,144 --> 00:23:35,045
No doubt he's helping
his friends commit murder.
460
00:23:35,614 --> 00:23:36,945
What's your offer?
461
00:23:37,016 --> 00:23:39,041
He pleads to Man One.
Ten years.
462
00:23:39,285 --> 00:23:41,049
I didn't know Jason was
going to go off like that.
463
00:23:41,120 --> 00:23:44,522
But once he did go off, I didn't
see you lift a finger to stop him.
464
00:23:44,990 --> 00:23:48,927
That guy killed our friend.
We were upset.
465
00:23:49,428 --> 00:23:52,864
Upset? You win the prize for
understatement, Mr. Whitman.
466
00:23:53,399 --> 00:23:56,630
Ten years and he testifies
against his accomplices.
467
00:23:58,737 --> 00:24:02,173
Look, I'll testify.
But please...
468
00:24:03,676 --> 00:24:05,542
I don't belong in prison.
469
00:24:05,611 --> 00:24:07,909
You've got this
damning piece of video,
470
00:24:07,980 --> 00:24:09,880
yet you're
offering us Man One.
471
00:24:10,482 --> 00:24:11,779
Why is that?
472
00:24:11,850 --> 00:24:13,818
Well, we're not looking
for blood.
473
00:24:13,953 --> 00:24:16,445
We understand this crime
was driven by emotion.
474
00:24:16,789 --> 00:24:19,986
But ten years? McCoy's practically
giving away the store,
475
00:24:20,059 --> 00:24:21,458
and an election year
to boot.
476
00:24:21,527 --> 00:24:23,495
Yes or no,
Mr. Reardon?
477
00:24:25,497 --> 00:24:28,023
This video, you've got a
problem with it, don't you?
478
00:24:28,567 --> 00:24:30,194
You don't know
who shot it.
479
00:24:30,336 --> 00:24:31,633
It's not
the only evidence.
480
00:24:31,704 --> 00:24:35,231
Your client's accomplices have
agreed to testify against him.
481
00:24:36,175 --> 00:24:39,839
Maybe you can scare them with this video.
I'm moving to exclude it.
482
00:24:41,380 --> 00:24:45,374
Since the People cannot authenticate
this video or even tell us who made it,
483
00:24:45,451 --> 00:24:46,680
I'm excluding it.
484
00:24:46,752 --> 00:24:48,914
In that case, we move to
dismiss the murder charges
485
00:24:48,988 --> 00:24:50,752
against
all three defendants.
486
00:24:50,823 --> 00:24:54,384
Last chance, Mr. Cutter. Do the
People have any admissible evidence
487
00:24:54,460 --> 00:24:56,053
tying the defendants
to this murder?
488
00:24:57,096 --> 00:24:59,827
At this point, no.
489
00:25:01,900 --> 00:25:04,267
The murder charges are
dismissed without prejudice.
490
00:25:04,336 --> 00:25:06,464
I will be happy
to reinstate the indictment
491
00:25:06,538 --> 00:25:08,905
when the District Attorney
gets his act together.
492
00:25:11,710 --> 00:25:14,771
This brazen violence
has truly shocked our city.
493
00:25:15,214 --> 00:25:17,273
We're appealing to the
public for any information
494
00:25:17,349 --> 00:25:20,717
that will lead to the conviction
of those responsible.
495
00:25:20,786 --> 00:25:22,220
In particular,
496
00:25:22,287 --> 00:25:26,451
we ask the person who made the
video of Vincent Fonsella's murder
497
00:25:26,525 --> 00:25:28,425
to step forward
and identify himself.
498
00:25:28,494 --> 00:25:29,484
(ALL SHOUTING QUESTIONS)
499
00:25:29,762 --> 00:25:33,392
Mr. McCoy, the video clearly identifies Mr.
Fonsella's assailants
500
00:25:33,465 --> 00:25:36,765
and yet your office hasn't managed
to indict anyone for murder.
501
00:25:36,869 --> 00:25:38,234
That's why
we're out here today.
502
00:25:38,303 --> 00:25:40,169
Mr. McCoy, wasn't
your office negligent
503
00:25:40,239 --> 00:25:41,832
when it allowed Fonsella
to remain free?
504
00:25:42,007 --> 00:25:44,305
That was ajudge's
decision, not ours.
505
00:25:44,376 --> 00:25:46,504
But didn't you allow him to
plead to a reduced charge?
506
00:25:46,578 --> 00:25:48,672
He pled guilty
to a felony homicide.
507
00:25:48,747 --> 00:25:50,841
He got no favors.
I think we're done here.
508
00:25:50,916 --> 00:25:52,714
Mr. McCoy,
should you decide to run,
509
00:25:52,785 --> 00:25:54,378
why should New Yorkers
support your bid
510
00:25:54,453 --> 00:25:55,943
for another term
as their D.A.?
511
00:25:56,021 --> 00:25:58,115
Watch what I do.
That's your answer.
512
00:25:59,625 --> 00:26:01,525
I am not doing that again.
513
00:26:01,593 --> 00:26:04,528
This office begging for help,
looking weak and ineffectual.
514
00:26:04,596 --> 00:26:07,031
Well, we won't look so weak
once we get our convictions.
515
00:26:07,099 --> 00:26:08,191
If we get them.
516
00:26:08,267 --> 00:26:10,827
Right now, that depends
on some amateur cameraman
517
00:26:10,903 --> 00:26:12,997
growing a spine
and stepping forward.
518
00:26:13,572 --> 00:26:16,872
Failing that, we'd better figure out
a way to prosecute these hooligans
519
00:26:16,942 --> 00:26:18,706
before other gangs
get the idea that
520
00:26:18,777 --> 00:26:20,905
they can have a bloodbath
and get away with it.
521
00:26:21,313 --> 00:26:23,611
I did some research,
and under Article 490,
522
00:26:23,682 --> 00:26:25,207
we can charge them
with terrorism.
523
00:26:25,284 --> 00:26:30,484
That statute was written six days
after 9J11 to prosecute acts of war.
524
00:26:30,589 --> 00:26:31,988
Nice try, Connie.
525
00:26:32,057 --> 00:26:34,583
As I recall, it was
worded pretty broadly.
526
00:26:34,660 --> 00:26:35,855
How would you
apply it here?
527
00:26:36,462 --> 00:26:38,191
It applies if
an individual's intent
528
00:26:38,263 --> 00:26:40,061
is to disrupt
government institutions
529
00:26:40,132 --> 00:26:42,624
or to intimidate the public
through acts of violence.
530
00:26:43,202 --> 00:26:45,534
And these people rioted because
they didn't like the way
531
00:26:45,637 --> 00:26:47,696
the criminal justice system
did its business.
532
00:26:47,773 --> 00:26:50,333
It was a rumble, Jack.
A grudge match.
533
00:26:50,409 --> 00:26:53,777
In a public park, with
hatchets and lead pipes.
534
00:26:55,347 --> 00:26:57,543
They terrorized
and killed innocent people.
535
00:26:57,616 --> 00:27:00,984
Charging three brawlers
with terrorism isn't justice.
536
00:27:01,053 --> 00:27:02,612
I'm not charging
just these three.
537
00:27:03,589 --> 00:27:08,823
I'm charging them all. We created
this problem. We're going to fix it.
538
00:27:08,961 --> 00:27:12,158
Jack, the terrorism statute carries
an automatic life sentence.
539
00:27:12,231 --> 00:27:14,495
You think every one of
those people deserve that?
540
00:27:14,566 --> 00:27:16,728
Ajury will decide
who deserves what.
541
00:27:16,802 --> 00:27:18,292
You just get me
the indictments.
542
00:27:25,410 --> 00:27:27,606
CUTTER: Unhappy with how
a case was prosecuted,
543
00:27:27,679 --> 00:27:30,410
they engaged
in mass vigilantism.
544
00:27:30,516 --> 00:27:34,043
With the intent to subvert the
authority of the District Attorney,
545
00:27:34,119 --> 00:27:37,487
they organized a riot
in a public park.
546
00:27:37,556 --> 00:27:38,921
So prosecute them
for rioting.
547
00:27:38,991 --> 00:27:40,322
This indictment
is an insult
548
00:27:40,392 --> 00:27:42,588
to the real victims
of real terrorist attacks.
549
00:27:42,661 --> 00:27:45,426
There were
real victims here,
550
00:27:45,497 --> 00:27:48,364
innocent bystanders
killed and injured.
551
00:27:48,433 --> 00:27:50,265
You're on the razor's
edge, Mr. Cutter,
552
00:27:50,335 --> 00:27:51,632
but if you can
sell it to ajury...
553
00:27:51,703 --> 00:27:53,228
Of course, he'll sell it.
554
00:27:53,305 --> 00:27:55,364
Judge, he'll scare
the pants off the jurors,
555
00:27:55,440 --> 00:27:57,169
simply by uttering
the word "terrorism."
556
00:27:57,943 --> 00:28:01,777
The acts these defendants are accused
of are what will frighten the jury.
557
00:28:01,880 --> 00:28:05,839
The District Attorney is putting
forth an intriguing theory.
558
00:28:06,084 --> 00:28:08,143
See if you all can agree
on atrial date.
559
00:28:10,355 --> 00:28:13,188
We survived a motion to
dismiss, that's half the game.
560
00:28:13,258 --> 00:28:15,420
Just because I can
parrot the party line,
561
00:28:15,494 --> 00:28:16,984
doesn't mean
I buy into it.
562
00:28:17,362 --> 00:28:20,229
BERNARD: All of the weapons had
multiple sets of fingerprints on them.
563
00:28:20,299 --> 00:28:23,166
There was no way to tell
who was holding what, when.
564
00:28:23,235 --> 00:28:26,068
All we have to go on is the
video, which we can't use, right?
565
00:28:26,138 --> 00:28:28,937
It doesn't matter. The good thing
about the terrorism statute
566
00:28:29,007 --> 00:28:31,999
is that we don't have to connect an
individual to a specific weapon.
567
00:28:32,077 --> 00:28:33,738
So, the defendant
who yelled insults
568
00:28:33,812 --> 00:28:36,213
pays the same price
as the one who used this.
569
00:28:37,015 --> 00:28:38,346
We're calling that
a good thing.
570
00:28:38,917 --> 00:28:41,386
You throw in with a gang,
you own what they do.
571
00:28:42,287 --> 00:28:44,847
I grew up in Compton. We
could've used a law like this.
572
00:28:44,923 --> 00:28:47,051
LUPO: The Bloods and the
Crips are not terrorists.
573
00:28:47,159 --> 00:28:50,493
And neither are a bunch of hardhats
and day traders with anger issues.
574
00:28:50,829 --> 00:28:52,160
But it sure makes
a hell of a sound bite
575
00:28:52,231 --> 00:28:53,562
when you're running
for election.
576
00:28:53,632 --> 00:28:54,622
I see.
577
00:28:57,469 --> 00:28:59,494
A few law school
classes, Detective,
578
00:28:59,571 --> 00:29:02,370
and all of sudden, you're
an expert on jurisprudence?
579
00:29:02,541 --> 00:29:05,272
Maybe not, but I do have
one credential you don't.
580
00:29:05,410 --> 00:29:09,278
I spent four years
chasing actual terrorists.
581
00:29:09,348 --> 00:29:12,283
All the more reason
I need you to testify.
582
00:29:12,351 --> 00:29:15,753
At the end of the day, we all
want the same thing for the city.
583
00:29:15,887 --> 00:29:18,379
Safe streets,
freedom from fear.
584
00:29:18,457 --> 00:29:19,549
That's funny.
585
00:29:19,625 --> 00:29:22,686
When a cop stretches the
rules, we get slammed.
586
00:29:22,761 --> 00:29:25,025
When you do it, we're supposed
to hear the angels sing.
587
00:29:25,097 --> 00:29:28,499
I'll testify in your terrorism trial
about what I saw and what I heard.
588
00:29:28,567 --> 00:29:31,867
But if you try to use
my resume to sell your case,
589
00:29:33,138 --> 00:29:34,697
you won't like what you hear.
590
00:29:40,846 --> 00:29:42,837
Look, I'll talk to him.
591
00:29:49,788 --> 00:29:52,780
Take Detective Lupo off
the witness list.
592
00:29:53,258 --> 00:29:55,818
I guess that's easier than
deciding if he has a point.
593
00:30:02,534 --> 00:30:06,232
It was a nice evening, so we took
our son, Willie, to the park.
594
00:30:07,606 --> 00:30:09,700
Reggie was going to
throw a football with him.
595
00:30:10,709 --> 00:30:11,733
When we got to the park,
596
00:30:11,810 --> 00:30:15,178
we saw some men coming towards
us from Houston Street.
597
00:30:15,580 --> 00:30:18,174
And what happened next,
Mrs. Hodges?
598
00:30:19,051 --> 00:30:22,749
Another group of men
came from the other side.
599
00:30:22,988 --> 00:30:26,447
They were carrying
bats and pipes.
600
00:30:27,893 --> 00:30:30,988
Before we knew it,
they started to fight.
601
00:30:31,530 --> 00:30:33,760
Reggie pushed
Willie and me away.
602
00:30:35,334 --> 00:30:39,032
And then one of them
started hitting him
603
00:30:39,104 --> 00:30:42,506
with a tire iron
for no reason.
604
00:30:44,876 --> 00:30:47,777
Another one
started punching him.
605
00:30:49,715 --> 00:30:54,152
Reggie went down, there
was blood all over him.
606
00:30:56,655 --> 00:31:00,614
Willie saw his father
beaten to death by this...
607
00:31:02,160 --> 00:31:03,321
This mob.
608
00:31:05,797 --> 00:31:07,287
No more questions.
609
00:31:13,205 --> 00:31:14,866
I'm very sorry
for your loss.
610
00:31:16,174 --> 00:31:18,108
Now, you testified
611
00:31:18,176 --> 00:31:23,876
that you wait tables at a restaurant
on Vesey Street, downtown.
612
00:31:25,350 --> 00:31:28,183
Were you working there
on 9/11?
613
00:31:28,587 --> 00:31:29,748
Yes, I was.
614
00:31:30,389 --> 00:31:32,323
So you must remember
what it was like that day.
615
00:31:33,325 --> 00:31:34,451
I'll never forget it.
616
00:31:35,160 --> 00:31:37,424
I saw people jumping
from the towers.
617
00:31:38,397 --> 00:31:39,796
Do you remember how you felt?
618
00:31:41,133 --> 00:31:42,828
Like we were in a war,
but...
619
00:31:42,901 --> 00:31:45,268
"Like we were
in awar."
620
00:31:48,607 --> 00:31:51,076
Thank you.
No further questions.
621
00:31:55,514 --> 00:31:58,609
BERNARD: We recovered three
baseball bats, two metal pipes,
622
00:31:58,683 --> 00:32:02,677
a bike chain, two tire
irons, a piece of rebar,
623
00:32:02,754 --> 00:32:07,282
a mallet, a hatchet,
three pocket knives, a wrench.
624
00:32:07,359 --> 00:32:08,952
What else did you observe?
625
00:32:09,227 --> 00:32:11,753
A lot of terrified people
were trapped in that park
626
00:32:11,830 --> 00:32:13,059
once the fight
broke out,
627
00:32:13,131 --> 00:32:15,896
people in the neighborhood
who had seen the violence.
628
00:32:16,501 --> 00:32:17,764
Nothing further.
629
00:32:22,974 --> 00:32:26,103
Detective, when you
interviewed the defendants,
630
00:32:26,178 --> 00:32:28,408
did they express
any political views
631
00:32:28,480 --> 00:32:31,973
or any desire to disrupt
any government institutions?
632
00:32:32,050 --> 00:32:33,643
Some of them said
they weren't happy
633
00:32:33,718 --> 00:32:36,050
about the way
the justice system worked.
634
00:32:36,521 --> 00:32:38,546
So they made
no political statement.
635
00:32:38,790 --> 00:32:41,282
Public violence is
a political statement.
636
00:32:41,359 --> 00:32:42,383
Move to strike.
637
00:32:42,527 --> 00:32:44,222
I grew up running to school
through the alleys,
638
00:32:44,296 --> 00:32:45,525
so gang-bangers
wouldn't jump me.
639
00:32:45,597 --> 00:32:47,087
The answer is stricken.
My whole neighborhood
640
00:32:47,165 --> 00:32:48,826
was paralyzed in fear.
Detective!
641
00:32:51,136 --> 00:32:53,468
The jury will disregard
the witness's answer.
642
00:32:54,239 --> 00:32:55,331
No more questions,
Your Honor.
643
00:32:55,407 --> 00:32:56,806
Redirect, Your Honor.
644
00:32:56,975 --> 00:32:59,137
Detective, you claim
that the neighborhood
645
00:32:59,211 --> 00:33:01,942
where you grew up was the
target of terrorists.
646
00:33:02,013 --> 00:33:03,481
Why would you say that?
647
00:33:03,582 --> 00:33:06,574
Gangs had set up a nation
within a nation.
648
00:33:07,052 --> 00:33:10,955
A violent criminal nation
with no regard for our laws.
649
00:33:12,257 --> 00:33:16,023
When you have little kids
too scared to go to sleep,
650
00:33:16,094 --> 00:33:18,153
and widowed young mothers
651
00:33:18,230 --> 00:33:22,133
too scared to comfort
their babies,
652
00:33:22,200 --> 00:33:23,497
that's terrorism.
653
00:33:24,436 --> 00:33:26,234
CUTTER: Thank you, Detective.
654
00:33:26,505 --> 00:33:30,806
After the judge let Vince Fonsella
go, I was pretty steamed.
655
00:33:33,044 --> 00:33:35,911
I was on my way home
and I got a text message
656
00:33:35,981 --> 00:33:38,473
saying that something was happening
over at the ball fields.
657
00:33:38,550 --> 00:33:41,611
I thought, maybe, one of my brother's
buddies was going to fight Vince.
658
00:33:41,887 --> 00:33:44,219
What, in fact, happened
when you got to the field?
659
00:33:44,289 --> 00:33:47,953
There was a bunch of guys yelling at
each other, Vince's guys and our guys.
660
00:33:48,426 --> 00:33:50,895
But if you've ever seen a hockey
fight, everybody talks smack,
661
00:33:50,962 --> 00:33:55,160
guys swing their sticks, sometimes
two guys even throw punches...
662
00:33:55,233 --> 00:33:57,167
But I figured that'd be
the worst case scenario.
663
00:33:57,636 --> 00:33:59,195
What happened?
664
00:33:59,304 --> 00:34:02,797
It got out of hand.
I heard this crack,
665
00:34:02,908 --> 00:34:06,344
and there was this guy on the
ground with his head split open.
666
00:34:06,711 --> 00:34:08,145
And then...
667
00:34:10,949 --> 00:34:12,178
I'm sorry
668
00:34:13,418 --> 00:34:15,716
innocent people got hurt.
I...
669
00:34:16,721 --> 00:34:20,055
Nobody deserved to die because
of what happened to my brother.
670
00:34:21,760 --> 00:34:23,956
But we were not trying
to make a statement.
671
00:34:25,230 --> 00:34:29,360
We were just hurt
and angry, and stupid.
672
00:34:30,435 --> 00:34:32,733
I've served six years
in the Fire Department,
673
00:34:32,804 --> 00:34:34,738
I've run into buildings
to save people.
674
00:34:34,873 --> 00:34:37,399
I work with guys who
lost friends in the towers.
675
00:34:37,475 --> 00:34:41,708
I'm willing to be punished,
but to call me a terrorist!
676
00:34:42,781 --> 00:34:45,512
And send me
to jail for life?
677
00:34:45,584 --> 00:34:49,179
(SCOFFS)
That doesn't make sense.
678
00:34:58,296 --> 00:34:59,286
(CLEARS THROAT)
679
00:35:02,701 --> 00:35:08,105
You run into burning buildings
and save people for a living,
680
00:35:08,173 --> 00:35:11,302
and in your spare time
you get into street fights
681
00:35:11,376 --> 00:35:14,107
where innocent people
are killed?
682
00:35:14,279 --> 00:35:16,111
I told you,
we were angry.
683
00:35:16,514 --> 00:35:18,778
Now, you invoked
the memory
684
00:35:18,850 --> 00:35:20,011
of the brave
men and women
685
00:35:20,085 --> 00:35:23,350
who went up into those
towers seven years ago.
686
00:35:23,588 --> 00:35:29,357
Do you think they felt
scared, even terrified?
687
00:35:29,527 --> 00:35:31,518
Yeah, sure.
688
00:35:32,197 --> 00:35:36,395
But they didn't give in to their
feelings, they did their duty,
689
00:35:36,968 --> 00:35:39,096
just as much as
you failed to do yours.
690
00:35:39,170 --> 00:35:40,865
REARDON: Objection.
Withdrawn.
691
00:35:43,041 --> 00:35:46,136
Mr. Hauser,
when the fight broke out,
692
00:35:46,211 --> 00:35:49,010
why didn't you try
to stop it or call 911?
693
00:35:51,016 --> 00:35:52,484
I don't know.
694
00:35:52,550 --> 00:35:54,848
And if you wanted to
punish Vince Fonsella,
695
00:35:54,919 --> 00:35:57,650
did you consider filing
a wrongful death suit?
696
00:35:59,257 --> 00:36:00,725
Lot of good
that would've done.
697
00:36:01,760 --> 00:36:04,559
You don't have much faith in
our justice system, do you?
698
00:36:04,629 --> 00:36:06,393
If you guys hadn't let
Vince Fonsella go,
699
00:36:06,464 --> 00:36:07,488
none of this
would've happened.
700
00:36:07,565 --> 00:36:09,329
So maybe next time,
we'll think twice
701
00:36:09,401 --> 00:36:10,994
before we make a deal
with a killer?
702
00:36:11,069 --> 00:36:12,059
That's right.
703
00:36:12,137 --> 00:36:13,866
Maybe next time, the
courts won't be so quick
704
00:36:13,938 --> 00:36:16,498
to release a murderer. That's
the lesson here, isn't it!
705
00:36:16,574 --> 00:36:17,837
Yeah. That's the lesson.
706
00:36:17,909 --> 00:36:19,707
So, that's your
political statement,
707
00:36:19,778 --> 00:36:21,974
the message of
your violent behavior.
708
00:36:22,047 --> 00:36:26,348
So, I guess you did have a point
after all, didn't you, Mr. Hauser?
709
00:36:31,890 --> 00:36:35,155
Serious crimes were committed
on those ball fields.
710
00:36:35,460 --> 00:36:39,397
But for reasons known only
to the District Attorney,
711
00:36:39,464 --> 00:36:44,527
no individual defendants have been
charged for those specific crimes.
712
00:36:45,336 --> 00:36:47,304
Whether it was
a botched investigation
713
00:36:47,372 --> 00:36:51,240
or for political considerations,
we can only speculate.
714
00:36:51,309 --> 00:36:54,006
But the police
and the prosecutors
715
00:36:54,079 --> 00:36:57,071
can't parse out
who did what to whom.
716
00:36:57,415 --> 00:37:01,010
So instead, they want you
to do theirjobs for them.
717
00:37:01,720 --> 00:37:07,056
They want everyone who participated
to be convicted of terrorism.
718
00:37:07,892 --> 00:37:11,726
This was a street fight between men
who had nothing on their minds
719
00:37:11,796 --> 00:37:14,629
except dumb payback.
720
00:37:16,134 --> 00:37:19,536
And these charges are nothing
but political posturing
721
00:37:19,604 --> 00:37:21,732
by an ambitious prosecutor.
722
00:37:23,575 --> 00:37:26,738
Justice requires you
to acquit these defendants.
723
00:37:39,924 --> 00:37:42,154
Make no mistake,
724
00:37:44,162 --> 00:37:48,895
these acts were an attack
on institutions we hold dear.
725
00:37:50,702 --> 00:37:55,367
Their street fight was
nothing less than an attempt
726
00:37:55,440 --> 00:38:00,276
to substitute their brand of justice
for our system of due process.
727
00:38:01,813 --> 00:38:07,183
By bringing their fight to a public
park and daring anyone to stop it,
728
00:38:07,952 --> 00:38:12,685
they would erode the public's
confidence in the government's ability
729
00:38:12,757 --> 00:38:14,691
to protect its citizens.
730
00:38:16,261 --> 00:38:19,925
Their behavior meets the
criteria of a terrorist act.
731
00:38:24,736 --> 00:38:31,699
Every day, we're subjected
to public acts of violence.
732
00:38:32,243 --> 00:38:36,373
Bare-knuckle punch-outs
in Union Square,
733
00:38:36,447 --> 00:38:40,441
teenage girls battering each
other on Internet videos,
734
00:38:40,518 --> 00:38:44,386
no-holds-barred extreme
fighting on prime-time.
735
00:38:45,790 --> 00:38:48,623
It's violence
you can't escape now.
736
00:38:48,693 --> 00:38:51,594
Violence that brutalizes us,
737
00:38:51,663 --> 00:38:54,758
excites us and terrifies us.
738
00:38:54,866 --> 00:38:58,734
And we've seen what the end
of this road looks like.
739
00:38:58,937 --> 00:39:03,033
It's a soccer stadium
filled with people
740
00:39:03,107 --> 00:39:08,273
forced to watch men in black
turbans conduct mass executions.
741
00:39:08,646 --> 00:39:12,082
And that's why you need to
find these defendants guilty
742
00:39:12,150 --> 00:39:15,176
of what, I concede,
is a severe charge.
743
00:39:15,253 --> 00:39:19,918
Because when we no longer believe
we live in a safe society,
744
00:39:22,560 --> 00:39:24,961
then we live in terror.
745
00:39:39,177 --> 00:39:42,340
Five days. It shouldn't
take that long to acquit.
746
00:39:42,480 --> 00:39:44,676
Don't sell yourself short.
747
00:39:44,749 --> 00:39:46,376
You gave them
something to chew on.
748
00:39:46,517 --> 00:39:48,485
Rubirosa. I really don't
want any credit here.
749
00:39:48,553 --> 00:39:49,543
This was your idea.
750
00:39:49,854 --> 00:39:51,117
CONNIE: Okay,
I'll come right over.
751
00:39:53,024 --> 00:39:55,550
The court officers just broke up
a fist fight in the jury room.
752
00:39:56,794 --> 00:40:00,025
Great. Maybe we can
watch it on the Internet.
753
00:40:07,705 --> 00:40:08,968
Are you happy now?
754
00:40:09,340 --> 00:40:12,002
This case has put
the whole city on overload.
755
00:40:12,110 --> 00:40:14,704
Maybe you should re-read
your summation.
756
00:40:15,013 --> 00:40:17,880
Something had to be done,
something out of the ordinary.
757
00:40:17,949 --> 00:40:22,682
Out of the ordinary, like when the
Russian mob killed A.D.A. Ricci,
758
00:40:22,754 --> 00:40:24,552
and you suspended
habeas corpus?
759
00:40:25,256 --> 00:40:28,851
Crossing the line was one thing
when Adam Schiff had your back.
760
00:40:28,927 --> 00:40:31,919
Now, you're out there
all by yourself.
761
00:40:32,163 --> 00:40:33,324
That doesn't bother me.
762
00:40:33,398 --> 00:40:35,958
No, it just makes you
more stubborn.
763
00:40:36,968 --> 00:40:38,458
Thejury's at
each other's throats,
764
00:40:38,536 --> 00:40:40,004
what if they hang
on the verdict?
765
00:40:40,071 --> 00:40:42,335
Or worse,
what if they do acquit?
766
00:40:43,374 --> 00:40:45,536
You're gonna look
like a fool,
767
00:40:45,610 --> 00:40:46,907
not to mention
what it'll do
768
00:40:46,978 --> 00:40:48,912
to the credibility
of this office.
769
00:40:50,148 --> 00:40:53,277
Jack, you made your point.
770
00:40:53,351 --> 00:40:56,548
You proved you'll protect this
city come hell or high water.
771
00:40:56,621 --> 00:40:59,682
Now, prove you have
the wisdom to back down
772
00:40:59,757 --> 00:41:01,748
when you're doing
more harm than good.
773
00:41:09,400 --> 00:41:10,925
We hear there
might be an offer?
774
00:41:11,002 --> 00:41:12,094
You heard right.
775
00:41:12,170 --> 00:41:14,070
So, McCoy's
regained his sanity.
776
00:41:14,272 --> 00:41:15,467
It's all or nothing.
777
00:41:16,207 --> 00:41:19,040
The three defendants who
beat Vince Fonsella to death
778
00:41:19,110 --> 00:41:21,943
plead to Murder Two,
20-to-life.
779
00:41:23,514 --> 00:41:26,814
The other defendants
take two counts of Man One,
780
00:41:26,884 --> 00:41:29,114
five years to run
consecutively.
781
00:41:31,723 --> 00:41:35,682
I'd have to do 10 years?
I didn't even kill anybody.
782
00:41:36,194 --> 00:41:39,255
Well, right now, you have a life
sentence hanging over your head,
783
00:41:39,330 --> 00:41:42,163
so you can whine about it
or you can cut your losses.
784
00:41:44,469 --> 00:41:47,837
Even though the terrorism
charges were dropped,
785
00:41:47,905 --> 00:41:51,603
this plea bargain is ajust and
fair resolution of a case
786
00:41:51,676 --> 00:41:54,373
that was controversial
and hard-fought.
787
00:41:54,445 --> 00:41:57,972
In the end, the people of
our city will rest easier
788
00:41:58,049 --> 00:42:01,986
knowing that mob violence
will not be tolerated,
789
00:42:02,053 --> 00:42:05,648
and thatjustice will prevail
over those who engage in it.
790
00:42:05,990 --> 00:42:07,583
(REPORTERS SHOUTING QUESTIONS)
791
00:42:09,160 --> 00:42:11,356
I'd also like to express
my gratitude
792
00:42:11,429 --> 00:42:13,955
to Assistant District
Attorney, Michael Cutter,
793
00:42:14,032 --> 00:42:16,865
who tried this case and who
brought sense and reason
794
00:42:16,934 --> 00:42:18,265
to bear on the outcome.
795
00:42:18,336 --> 00:42:19,804
(REPORTERS SHOUTING QUESTIONS)
796
00:42:21,005 --> 00:42:22,370
Thank you.
797
00:42:22,440 --> 00:42:25,410
REPORTER: Mr. McCoy, do you have plans
to join the Obama administration?
798
00:42:25,460 --> 00:42:30,010
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