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1
00:00:06,200 --> 00:00:07,929
In the criminal justice system
2
00:00:07,999 --> 00:00:11,908
the people are representedby two separateyet equally important groups,
3
00:00:11,968 --> 00:00:13,767
the police
who investigate crime,
4
00:00:13,837 --> 00:00:16,676
and the district attorneys
who prosecute the offenders.
5
00:00:16,746 --> 00:00:18,235
These are their stories.
6
00:01:37,852 --> 00:01:41,021
Couple of locals
on their way to fish
saw him from the overpass.
7
00:01:42,091 --> 00:01:43,920
Looks like
a hit and run.
8
00:01:43,990 --> 00:01:45,219
He's alive.
9
00:01:45,289 --> 00:01:47,418
For now.
EMT says he's likely.
10
00:01:47,498 --> 00:01:49,088
Any ID on
our gentleman?
11
00:01:49,158 --> 00:01:50,317
Just a wallet.
12
00:01:50,397 --> 00:01:52,416
No reason
for him to be
walking down here.
13
00:01:52,626 --> 00:01:54,395
Eh, he's either
lost or drunk.
14
00:01:54,465 --> 00:01:55,655
Whoa.
15
00:01:55,735 --> 00:01:57,164
It's auto glass.
16
00:01:57,234 --> 00:02:00,293
I'm no expert but
I don't know any laws
of physics that says
17
00:02:00,373 --> 00:02:02,092
the glass from
the car that hits you
18
00:02:02,172 --> 00:02:04,401
finds its way
into your pant leg.
19
00:02:04,801 --> 00:02:06,530
There's some broken glass
on the road up here.
20
00:02:06,600 --> 00:02:08,270
No ID.
21
00:02:08,740 --> 00:02:12,228
Thirteen bucks,
bad luck
22
00:02:12,338 --> 00:02:13,937
and a family picture
23
00:02:14,007 --> 00:02:18,536
in front of
Iglesia de Santa Maria
del Puerto Lempira.
24
00:02:19,045 --> 00:02:21,704
I'm guessing
this man isn't local.
25
00:02:21,814 --> 00:02:24,683
Here it is,
a trail of broken glass
about 20 feet long.
26
00:02:25,683 --> 00:02:27,672
It broke while
the car was moving.
27
00:02:28,421 --> 00:02:31,540
Yeah, and somehow
finds its way inside
our man's pants.
28
00:02:31,620 --> 00:02:34,139
Well, try this.
If he was kicking out
the window from inside,
29
00:02:34,219 --> 00:02:38,277
then glass might fall
down his pant leg,
30
00:02:38,357 --> 00:02:42,126
meaning he jumped
out of or was thrown
from a moving car.
31
00:02:42,196 --> 00:02:45,594
Either way,
when he landed
on our shores,
32
00:02:45,664 --> 00:02:48,323
I bet this
wasn't the landing
he anticipated.
33
00:03:37,863 --> 00:03:39,452
He suffered
traumatic brain injury.
34
00:03:39,522 --> 00:03:41,012
He's in a grade 3 coma.
35
00:03:41,092 --> 00:03:42,681
The odds he'll
come out of it?
36
00:03:42,761 --> 00:03:45,160
Considering
he has no spontaneous
respiratory function
37
00:03:45,230 --> 00:03:47,289
and his cognitive
brain activity is nil?
38
00:03:47,369 --> 00:03:50,028
Got it. What about
his other injuries?
39
00:03:50,098 --> 00:03:53,067
Fractured arm, fractured ribs,
lacerations on his hands,
40
00:03:53,137 --> 00:03:54,656
bruises on his
back and neck.
41
00:03:54,736 --> 00:03:56,465
From an impact
with a vehicle?
42
00:03:56,535 --> 00:03:58,125
From impact
with the roadway.
43
00:03:58,974 --> 00:04:02,103
Oh, and there's a fresh
second-degree burn
on his left cheek,
44
00:04:02,173 --> 00:04:03,732
about the size
of a quarter.
45
00:04:03,812 --> 00:04:05,142
I'll email you photos.
46
00:04:05,741 --> 00:04:06,761
Thanks.
47
00:04:06,841 --> 00:04:08,810
He's got auto glass
embedded in the tread
of his right heel,
48
00:04:08,880 --> 00:04:11,849
same as the glass
on the road and
a can of juice.
49
00:04:12,749 --> 00:04:16,077
Naranja, a little
taste of home.
50
00:04:16,147 --> 00:04:18,546
Oh, wow.
51
00:04:18,616 --> 00:04:20,205
That's appetizing.
52
00:04:21,355 --> 00:04:22,874
What is that?
Smoked sturgeon.
53
00:04:22,954 --> 00:04:24,574
That stuff's
50 bucks a pound.
54
00:04:24,654 --> 00:04:26,383
Yeah. Irv's
on Rivington.
55
00:04:26,453 --> 00:04:29,082
Even money.
Our Juan Doe here
works in the kitchen.
56
00:04:33,660 --> 00:04:36,749
I can barely see
his face with all that
mishegoss on his head.
57
00:04:36,829 --> 00:04:38,458
Is he okay?
58
00:04:38,528 --> 00:04:39,717
What does it look like?
59
00:04:39,997 --> 00:04:42,796
It could be one
of my dishwashers.
Oswaldo.
60
00:04:42,866 --> 00:04:43,926
It's his day off.
61
00:04:43,996 --> 00:04:45,025
Oswaldo who?
62
00:04:45,095 --> 00:04:48,864
Oswaldo You're-not-gonna-bust-
my-balls-'cause-I-didn't-
check-his-papers, okay?
63
00:04:49,603 --> 00:04:52,962
We're murder cops, okay?
So a last name?
64
00:04:53,032 --> 00:04:55,501
Don't know it.
He shares a place with...
65
00:04:55,571 --> 00:04:56,830
Hey, Tomas!
66
00:04:58,110 --> 00:05:00,839
Talk to these cops
about Oswaldo.
67
00:05:04,807 --> 00:05:06,007
Hmm?
68
00:05:06,077 --> 00:05:09,275
It's mi amigo, Oswaldo.
He okay?
69
00:05:09,345 --> 00:05:11,144
He's not okay.
He's in the hospital.
70
00:05:11,214 --> 00:05:12,304
What's his
last name?
71
00:05:12,384 --> 00:05:13,504
Morales.
72
00:05:15,113 --> 00:05:16,412
And these people?
73
00:05:16,482 --> 00:05:19,211
His family,
in Puerto Lempira
in Honduras.
74
00:05:19,281 --> 00:05:21,080
He send them
all his money.
He work hard.
75
00:05:21,150 --> 00:05:22,410
When did you
see him last?
76
00:05:22,490 --> 00:05:26,788
This morning.
I come home from
night job, 5:00.
77
00:05:26,858 --> 00:05:29,517
And he get up,
I take the bed.
78
00:05:29,587 --> 00:05:31,056
He go look for day work.
79
00:05:31,126 --> 00:05:34,025
Where does he look?
Under Highway 155.
80
00:05:34,595 --> 00:05:36,894
He wait for the cars
to come and they
give him a job.
81
00:05:37,264 --> 00:05:39,453
Looks like
it's the dawn patrol
for us. Thanks.
82
00:05:39,533 --> 00:05:40,962
Gracias.
83
00:05:43,061 --> 00:05:45,560
Hey, hot coffee here
for the working man.
84
00:05:48,999 --> 00:05:50,768
If you don't hurry,
he's going to eat it all.
85
00:06:04,712 --> 00:06:06,772
Anyone see Oswaldo
yesterday morning?
86
00:06:09,680 --> 00:06:11,210
I see him.
87
00:06:11,350 --> 00:06:14,079
You did?
Step forward, please.
It's okay.
88
00:06:17,857 --> 00:06:19,786
He go in a car
for a job.
89
00:06:20,756 --> 00:06:21,915
What kind
of car?
90
00:06:21,985 --> 00:06:25,214
Dark green Toyota.
I tell Oswaldo be careful.
91
00:06:25,294 --> 00:06:26,453
Why?
92
00:06:26,523 --> 00:06:28,083
It was three white
kids in the car,
93
00:06:28,163 --> 00:06:30,022
and they say
they got a job
for one man.
94
00:06:30,092 --> 00:06:32,821
I see one of the kids
take a picture of us
with his phone
95
00:06:32,891 --> 00:06:34,730
so I do not go.
96
00:06:34,800 --> 00:06:36,699
You think
you'd recognize
these kids?
97
00:06:36,759 --> 00:06:38,928
No. It's dark,
they stay in the car.
98
00:06:40,028 --> 00:06:41,017
All right,
thanks.
99
00:06:44,766 --> 00:06:47,535
White kids
taking pictures of
Hispanic day laborers.
100
00:06:47,605 --> 00:06:49,534
Yeah, I don't think
it's to send to
their girlfriends.
101
00:06:49,604 --> 00:06:53,302
One thing for sure.
Nowadays everything
ends up on the web.
102
00:06:54,812 --> 00:06:56,901
The auto glass
is the same make
Toyota uses.
103
00:06:56,981 --> 00:06:59,940
We figured he must've
kicked the side window
out trying to get out.
104
00:07:00,010 --> 00:07:02,379
Probably when
those kids burned
that hole in his cheek.
105
00:07:02,978 --> 00:07:04,948
Any idea
what this was done with?
106
00:07:05,018 --> 00:07:08,136
Lab says it wasn't
a cigar or cigarette,
107
00:07:08,216 --> 00:07:11,775
more likely metal
or ceramic object.
108
00:07:11,885 --> 00:07:14,714
Branding, a new twist
on hate crimes.
109
00:07:14,784 --> 00:07:16,723
Well, here's
a newer twist,
110
00:07:16,783 --> 00:07:18,652
a video called
"Beaner Hunt:
111
00:07:18,722 --> 00:07:21,281
"Taking back America
one street at a time."
112
00:07:23,420 --> 00:07:24,949
It was posted
last week.
113
00:07:25,589 --> 00:07:27,079
Hurry up!
Behind the mail box!
114
00:07:28,328 --> 00:07:30,157
We're goingto nail your ass!
115
00:07:30,227 --> 00:07:32,526
I count three voices.
116
00:07:32,596 --> 00:07:34,256
Guy on the corner
said three kids.
117
00:07:34,336 --> 00:07:35,425
Yeah!
118
00:07:35,495 --> 00:07:37,124
New York Islanders hat.
119
00:07:37,764 --> 00:07:39,293
Good chance
we're in the right place.
120
00:07:40,833 --> 00:07:42,092
Toyota.
121
00:07:42,772 --> 00:07:43,862
What is that, a.22?
122
00:07:43,942 --> 00:07:44,991
Go, go, go!
123
00:07:45,071 --> 00:07:46,590
Bagged
a beaner, baby!
124
00:07:47,940 --> 00:07:49,669
It sounded
like a BB gun.
125
00:07:49,809 --> 00:07:51,269
Bagged you, beaner!
126
00:07:51,339 --> 00:07:52,668
I got him! I got him!
127
00:07:53,208 --> 00:07:54,697
It's gotta be
the same kids.
128
00:07:54,777 --> 00:07:56,866
Go back to where
they first pulled up.
129
00:07:59,175 --> 00:08:00,305
Freeze it.
130
00:08:01,184 --> 00:08:04,773
See if the lab
can read the ID number
on that mail truck.
131
00:08:09,951 --> 00:08:12,480
You found this
on the Internet?
I'll be a son of a gun.
132
00:08:12,550 --> 00:08:15,039
Yeah, and that mail
truck's from the
Peconic Post Office.
133
00:08:16,158 --> 00:08:18,088
You didn't know this was
going on in your town?
134
00:08:18,157 --> 00:08:21,526
We've had nine bias incidents
against Hispanics
in the last month.
135
00:08:21,596 --> 00:08:22,995
Nine in one month?
136
00:08:23,055 --> 00:08:25,494
With unemployment,
the economy,
137
00:08:25,564 --> 00:08:27,024
people blame the illegals.
138
00:08:27,134 --> 00:08:28,893
All those
illegals who made
subprime loans
139
00:08:28,963 --> 00:08:30,522
to people
who couldn't
afford them.
140
00:08:30,862 --> 00:08:33,851
Any of these
incidents involve
a green Toyota?
141
00:08:33,931 --> 00:08:35,660
Three with
a green sedan,
142
00:08:36,330 --> 00:08:38,199
two drive-bys
with a BB gun.
143
00:08:38,269 --> 00:08:40,498
The third one,
the kids put a beating
on the victim.
144
00:08:40,568 --> 00:08:41,828
You got
descriptions?
145
00:08:41,908 --> 00:08:44,067
Three white kids,
one with blond hair.
146
00:08:44,137 --> 00:08:45,936
We stepped up patrols
147
00:08:46,006 --> 00:08:47,595
where the illegals congregate.
148
00:08:47,675 --> 00:08:50,264
That's probably what
pushed these kids to find
new hunting grounds.
149
00:08:50,344 --> 00:08:51,644
We're going
to need a list from you,
150
00:08:51,714 --> 00:08:53,833
your local
automobile glass shops.
151
00:08:54,982 --> 00:08:56,172
Yeah.
152
00:08:57,051 --> 00:09:00,280
A kid came in
Saturday with a green
Camry four-door.
153
00:09:00,380 --> 00:09:02,319
Back window
on the right side
was busted out.
154
00:09:02,379 --> 00:09:04,179
Okay, we need
his name and
his plate number.
155
00:09:04,249 --> 00:09:05,238
I got nothing.
156
00:09:05,318 --> 00:09:07,247
He didn't have the $180
for parts and labor.
157
00:09:07,317 --> 00:09:08,787
How about
a description
158
00:09:08,857 --> 00:09:11,476
or identifying marks
on the kid or the car?
159
00:09:11,556 --> 00:09:13,615
Sixteen, 17,
160
00:09:14,154 --> 00:09:15,984
average height, dark hair.
161
00:09:16,054 --> 00:09:18,453
You want to come with us
to the local high school,
look at some pictures?
162
00:09:18,523 --> 00:09:20,512
Now? I guess.
163
00:09:20,592 --> 00:09:22,561
Jimmy, I gotta go
with these guys.
164
00:09:23,091 --> 00:09:24,430
So what'd this
kid do anyways?
165
00:09:24,500 --> 00:09:27,189
Him and his buddies
put an illegal immigrant
into a coma.
166
00:09:29,328 --> 00:09:31,767
You know, I got, like,
10 people that think
167
00:09:31,837 --> 00:09:33,127
they're getting
their cars back today.
168
00:09:33,197 --> 00:09:36,065
Yeah, they thought
wrong. Come on.
169
00:09:39,274 --> 00:09:42,703
We need to know
if there's been any...
Hey.
170
00:09:42,903 --> 00:09:44,302
Start with the seniors.
171
00:09:48,710 --> 00:09:50,010
This is what
they did to him.
172
00:09:51,079 --> 00:09:52,309
This ain't right.
173
00:09:52,379 --> 00:09:55,677
Issues with
race or immigration.
174
00:09:56,177 --> 00:10:00,945
Peconic's Latino
population has grown
25% in five years.
175
00:10:01,015 --> 00:10:03,984
We've had to
accommodate students
who are here illegally
176
00:10:04,054 --> 00:10:06,113
and speak English
as a second language.
177
00:10:06,183 --> 00:10:08,452
So that's where all
my tax money's going.
178
00:10:08,522 --> 00:10:09,991
What about your
legal students?
179
00:10:10,051 --> 00:10:11,991
Any of them in particular
been acting out?
180
00:10:12,091 --> 00:10:14,020
We've cut back
on our sports teams,
181
00:10:14,090 --> 00:10:16,219
so there's been
resentment among
our athletes.
182
00:10:16,289 --> 00:10:18,488
There've been fights,
some graffiti.
183
00:10:18,558 --> 00:10:19,687
Him.
184
00:10:25,295 --> 00:10:26,785
Tony Stratton.
185
00:10:27,404 --> 00:10:29,563
Point guard,
Varsity basketball team.
186
00:10:29,633 --> 00:10:30,763
Is Tony here right now?
187
00:10:30,833 --> 00:10:32,492
No. Dismissal
was at 3:00.
188
00:10:36,141 --> 00:10:37,430
Green Toyota.
189
00:10:38,470 --> 00:10:41,439
Looks like plastic
taped over the right
rear passenger window.
190
00:10:46,846 --> 00:10:48,316
I got the tag number.
191
00:10:51,784 --> 00:10:53,184
Is Tony Stratton here?
192
00:10:53,244 --> 00:10:55,043
No, no, Tony no here.
193
00:10:55,113 --> 00:10:57,172
Do you know
where he is?
194
00:10:59,081 --> 00:11:00,611
Oh! No, no, sé.
195
00:11:04,259 --> 00:11:05,848
Okay, sí.
196
00:11:09,087 --> 00:11:10,557
Gracias, señora.
197
00:11:14,265 --> 00:11:15,425
You see her shoes?
198
00:11:15,494 --> 00:11:17,294
Yeah, open-toe pumps.
199
00:11:17,364 --> 00:11:18,793
Not too many housekeepers
do the laundry
200
00:11:18,863 --> 00:11:20,992
in high heels
and a sweater set.
Mmm-hmm.
201
00:11:21,062 --> 00:11:23,831
Toyota's registered
to a Juanita Stratton,
this address.
202
00:11:25,300 --> 00:11:27,200
I think we just
met Mrs. Stratton.
203
00:11:29,569 --> 00:11:31,728
She's probably
on the phone
with her husband,
204
00:11:31,808 --> 00:11:34,597
wondering why the cops
were asking about their son.
205
00:11:34,677 --> 00:11:37,166
I wonder how
the Stratton kid sorts
it out in his head.
206
00:11:37,246 --> 00:11:38,295
Huh?
207
00:11:38,375 --> 00:11:41,034
Him being half-Hispanic
and beating up on illegals.
208
00:11:41,114 --> 00:11:42,164
Mmm.
209
00:11:42,713 --> 00:11:45,512
The way people feel
in this town, he probably
figures it's all normal.
210
00:11:45,582 --> 00:11:46,672
I get it.
211
00:11:47,351 --> 00:11:48,941
What?
The anger.
212
00:11:50,110 --> 00:11:51,450
Back in
South Central,
213
00:11:51,520 --> 00:11:53,419
the young black man
can't get jobs
214
00:11:53,479 --> 00:11:56,937
because the bosses
know they can pay
an illegal four bucks
215
00:11:57,017 --> 00:11:58,577
under the table
with no benefits
216
00:11:58,657 --> 00:12:01,486
and know that man
is too scared
to complain.
217
00:12:01,556 --> 00:12:03,645
So sure,
treat them humanely
218
00:12:04,324 --> 00:12:06,084
and put them on a bus
and send them home.
219
00:12:06,154 --> 00:12:09,752
And that fence?
Dig it deep and
build it high.
220
00:12:09,822 --> 00:12:12,851
Don't worry, I think
we found a solution
for illegal immigration.
221
00:12:12,931 --> 00:12:14,330
It's called
the depression.
222
00:12:14,660 --> 00:12:17,689
Believe me,
all those illegals
are heading home now.
223
00:12:17,769 --> 00:12:18,818
Hmm.
224
00:12:21,267 --> 00:12:22,597
Lupes.
225
00:12:31,273 --> 00:12:33,742
Hold up.
Stop the car, please.
226
00:12:33,812 --> 00:12:35,931
Mrs. Stratton?
Soy Juanita.
227
00:12:36,011 --> 00:12:37,771
Juanita Stratton.
228
00:12:38,640 --> 00:12:40,470
Do we still need
an interpreter?
229
00:12:47,077 --> 00:12:48,136
What do you want?
230
00:12:48,216 --> 00:12:51,085
Interfering with a criminal
investigation is a felony.
231
00:12:51,155 --> 00:12:52,615
I'm not interfering
with anything.
232
00:12:52,684 --> 00:12:54,344
What happened
to your window?
233
00:12:55,723 --> 00:12:58,452
It got broken at
the Tastee Freez on
Hempstead Turnpike.
234
00:12:58,992 --> 00:12:59,981
Mom?
235
00:13:00,051 --> 00:13:01,321
Go back inside, Tony.
236
00:13:01,391 --> 00:13:02,550
Tony? Tony Stratton.
237
00:13:02,620 --> 00:13:03,890
I'm calling Mr. Mosely,
he's a lawyer.
238
00:13:03,960 --> 00:13:05,119
I said go back inside.
239
00:13:05,189 --> 00:13:07,558
Hey, we want to talk to you.
Come out of the house!
240
00:13:14,236 --> 00:13:16,595
Probable cause
is set out in the
warrant application.
241
00:13:16,665 --> 00:13:19,633
The victim was
last seen getting
into a green Toyota.
242
00:13:19,703 --> 00:13:21,063
In Manhattan.
243
00:13:21,133 --> 00:13:23,602
Your search warrant
is for a car 60 miles away.
244
00:13:23,672 --> 00:13:25,471
The car's window
was broken out.
245
00:13:25,541 --> 00:13:27,090
The glass at the
crime scene...
246
00:13:27,170 --> 00:13:28,800
Can't be matched
with this specific car.
247
00:13:28,870 --> 00:13:30,429
Maybe we should play
you that video again.
248
00:13:30,509 --> 00:13:31,628
No need.
249
00:13:31,708 --> 00:13:33,468
The car in that video
doesn't have a broken window,
250
00:13:33,538 --> 00:13:35,007
there's no telling
what color it is,
251
00:13:35,077 --> 00:13:36,806
and nothing connects it
to this Stratton kid.
252
00:13:36,876 --> 00:13:38,006
Judge Montaldo...
253
00:13:38,076 --> 00:13:40,475
That's the real
bottom line.
254
00:13:41,614 --> 00:13:42,944
Right there.
255
00:13:45,053 --> 00:13:46,642
You had your pick
of judges
256
00:13:47,422 --> 00:13:49,911
but you brought this
to Judge Montaldo.
257
00:13:51,390 --> 00:13:54,179
You figure a Latino judge
is more likely to grant
a search warrant
258
00:13:54,259 --> 00:13:56,308
on a hate crime
against a Latino man,
259
00:13:56,388 --> 00:13:58,218
no matter how flimsy
the probable cause.
260
00:13:59,687 --> 00:14:01,486
If I grant your warrant,
261
00:14:01,556 --> 00:14:03,585
the defense will
call it a gimme
262
00:14:03,655 --> 00:14:04,785
and I wouldn't blame them.
263
00:14:09,863 --> 00:14:12,192
This is an important case.
264
00:14:12,262 --> 00:14:13,701
Get it right.
265
00:14:16,630 --> 00:14:17,859
He's not wrong.
266
00:14:17,939 --> 00:14:20,698
Everything about this case
will be under a microscope.
267
00:14:20,768 --> 00:14:23,327
So, forget about
the car for now,
268
00:14:23,407 --> 00:14:26,376
and work on identifying
the other two occupants.
269
00:14:26,436 --> 00:14:28,835
There was a blond kid
in the passenger seat?
270
00:14:28,905 --> 00:14:30,174
And the one with the BB gun.
271
00:14:30,244 --> 00:14:32,303
Well, check Stratton's
entries in the yearbook,
272
00:14:32,373 --> 00:14:34,503
for shout-outs
to his buddies.
273
00:14:37,042 --> 00:14:38,941
Let's see...
274
00:14:39,011 --> 00:14:42,509
"Throwing out a bump
to my man, Bird."
275
00:14:42,579 --> 00:14:44,918
Stratton's on the
basketball team.
276
00:14:44,988 --> 00:14:47,387
Good chance his
accomplices will be too.
277
00:14:47,457 --> 00:14:48,577
Yup.
278
00:14:48,657 --> 00:14:50,556
A blond basketball player.
279
00:14:50,626 --> 00:14:52,675
Bird as in
Larry Bird, maybe.
280
00:14:52,755 --> 00:14:54,954
Or Big Bird.
281
00:14:56,254 --> 00:14:59,052
Timothy Moore,
shooting guard.
282
00:15:02,931 --> 00:15:05,990
Tim's upstate
today, visiting colleges
with his dad.
283
00:15:06,060 --> 00:15:07,499
Looks like he's going
to have his pick.
284
00:15:07,569 --> 00:15:09,058
Now why do you want
to talk to Tim?
285
00:15:09,128 --> 00:15:11,257
We need him to identify
a BB gun pistol
286
00:15:11,337 --> 00:15:13,497
that was used in a robbery
two weeks ago.
287
00:15:13,566 --> 00:15:16,265
The suspect said
he bought it from a student
at Peconic High School.
288
00:15:16,335 --> 00:15:17,325
Yeah, the people
at the school
289
00:15:17,405 --> 00:15:19,204
think they remember
your son had one.
290
00:15:19,274 --> 00:15:21,033
His father
bought it for him
for target practice
291
00:15:21,103 --> 00:15:22,303
when he was 11.
292
00:15:22,373 --> 00:15:24,342
But he hasn't
used it in years.
293
00:15:25,142 --> 00:15:26,441
Is Timothy in trouble?
294
00:15:26,511 --> 00:15:28,001
For selling
his BB gun? No.
295
00:15:28,081 --> 00:15:30,410
He had a game
last Friday night,
yeah?
296
00:15:30,480 --> 00:15:32,039
Yeah.
You know where
he went after?
297
00:15:32,109 --> 00:15:33,548
He went out
with his friend Tony.
298
00:15:33,608 --> 00:15:35,308
What time
did he get home?
299
00:15:35,378 --> 00:15:38,606
He has a midnight curfew,
and he's never late.
300
00:15:39,186 --> 00:15:41,705
Mrs. Moore, there are
some people lying
comes to naturally.
301
00:15:41,785 --> 00:15:43,544
You're definitely
not one of them.
302
00:15:47,592 --> 00:15:50,421
My husband and I were
visiting friends in Maryland
for the weekend.
303
00:15:50,491 --> 00:15:51,551
I'll write down his number.
304
00:15:51,621 --> 00:15:53,250
From now on,
you should talk to him.
305
00:15:54,490 --> 00:15:56,149
Well,
now we know Timothy
owns a BB gun
306
00:15:56,229 --> 00:15:58,218
and he was with
Stratton on Friday.
307
00:15:58,298 --> 00:15:59,757
And we know
the attack video
308
00:15:59,827 --> 00:16:02,486
was uploaded
from a computer
at the school.
309
00:16:03,196 --> 00:16:05,165
From my
computer? No way.
310
00:16:05,235 --> 00:16:07,694
Well, it's easy enough
for us to check, Coach.
Do you mind?
311
00:16:07,764 --> 00:16:09,324
So who has access
to your computer?
312
00:16:09,404 --> 00:16:10,763
I want you to know
I don't tolerate that crap.
313
00:16:10,833 --> 00:16:13,532
Racial stuff, gay stuff,
I hear it from my players,
they run laps.
314
00:16:13,602 --> 00:16:14,731
Well, that's good to hear.
315
00:16:14,801 --> 00:16:16,700
The video
itself was deleted
from the computer
316
00:16:16,770 --> 00:16:18,030
once it was uploaded
to the net,
317
00:16:18,110 --> 00:16:21,299
but the AVI footprint's
still here on your hard drive.
318
00:16:21,409 --> 00:16:23,268
So again, who has access
to your computer?
319
00:16:23,778 --> 00:16:26,407
My team manager,
Kyle Chase.
320
00:16:26,476 --> 00:16:28,606
He uses it to keep
the team stats.
321
00:16:28,676 --> 00:16:29,905
That makes three.
322
00:16:32,484 --> 00:16:33,534
"28943.
323
00:16:33,614 --> 00:16:35,983
"People v. Tony Stratton,
Timothy Moore and Kyle Chase.
324
00:16:36,053 --> 00:16:38,022
"Attempted Murder
in the First Degree."
325
00:16:38,082 --> 00:16:41,280
The People serve notice
we'll be seeking a hate
crime enhancement.
326
00:16:41,350 --> 00:16:43,080
So noted.
What's the plea?
327
00:16:43,150 --> 00:16:45,209
Not guilty
as to each defendant.
328
00:16:45,289 --> 00:16:46,878
The People ask for remand.
329
00:16:46,958 --> 00:16:49,317
Silence!
Silence now!
330
00:16:50,427 --> 00:16:54,625
Your Honor, my clients
attend school and
play team sports,
331
00:16:54,695 --> 00:16:56,494
they should be ROR'd
to their parents.
332
00:16:56,564 --> 00:16:59,153
The police have
uncovered four videos
of the defendants
333
00:16:59,233 --> 00:17:01,422
attacking Hispanic men
in the past two months.
334
00:17:01,502 --> 00:17:02,792
Those videos
have nothing to do
335
00:17:02,861 --> 00:17:04,521
with the charges
they're facing here today.
336
00:17:04,601 --> 00:17:06,190
They prove that
their parents are unable
337
00:17:06,270 --> 00:17:07,859
or unwilling to
supervise them.
338
00:17:07,939 --> 00:17:10,198
Then let's make
sure we get their
parents' attention.
339
00:17:10,268 --> 00:17:12,827
Bail is set at $150,000
for each defendant.
340
00:17:21,574 --> 00:17:23,133
I don't know
how you can talk
about a hate crime,
341
00:17:23,213 --> 00:17:24,802
since Tony Stratton's
half-Hispanic.
342
00:17:24,882 --> 00:17:26,002
His mother's
from Argentina.
343
00:17:26,082 --> 00:17:29,311
Your clients targeted
their victims because
of their ethnicity.
344
00:17:29,381 --> 00:17:30,710
Oh, right, the videos.
345
00:17:30,780 --> 00:17:33,609
About the videos...
Motion to suppress.
346
00:17:35,148 --> 00:17:38,177
The judge granted
the defense motion.
Videos are out.
347
00:17:38,257 --> 00:17:40,946
Yeah, so the
videos proving the
kids are prejudiced
348
00:17:41,026 --> 00:17:44,544
are tossed out because
they would prejudice
the jury against the kids.
349
00:17:45,494 --> 00:17:46,953
You sure you still
want to be a lawyer?
350
00:17:47,023 --> 00:17:49,292
There goes our proof
this was a hate crime.
351
00:17:49,362 --> 00:17:51,262
Well, what's left
is no great shakes either.
352
00:17:51,332 --> 00:17:54,230
We have an eyewitness
who can identify the car
but not the occupant
353
00:17:54,300 --> 00:17:56,060
and some broken glass.
354
00:18:03,836 --> 00:18:05,896
Homeless
guy, found him
under a mattress.
355
00:18:06,135 --> 00:18:07,435
I saw the burn
on his face,
356
00:18:07,505 --> 00:18:08,524
and him
looking Hispanic,
357
00:18:08,604 --> 00:18:11,073
I thought about
the other guy,
so I called you.
358
00:18:12,303 --> 00:18:13,902
You did the right thing.
359
00:18:13,972 --> 00:18:15,302
Any idea how long
he's been here?
360
00:18:15,372 --> 00:18:18,210
About a week.
The cold temperature
slowed down the decomp.
361
00:18:18,510 --> 00:18:20,270
I found blunt-force
trauma on his head,
362
00:18:20,340 --> 00:18:22,109
defensive wounds
on his hands.
363
00:18:22,349 --> 00:18:23,468
Going by the shape
of the injuries,
364
00:18:23,548 --> 00:18:25,477
I'd look for
a baseball bat as
the murder weapon.
365
00:18:25,547 --> 00:18:27,177
Can we get
a picture of this?
366
00:18:29,746 --> 00:18:32,215
There's a Mexican peso
jammed into the end.
367
00:18:32,285 --> 00:18:34,084
Looks like
it's been heated.
368
00:18:35,683 --> 00:18:38,312
This is what
they've been branding
these guys with.
369
00:18:38,392 --> 00:18:39,682
A Mexican peso.
Real subtle.
370
00:18:40,791 --> 00:18:42,151
Rey Alvarez.
371
00:18:43,020 --> 00:18:44,720
What country is he from?
372
00:18:45,359 --> 00:18:46,589
Detroit, Michigan.
373
00:18:46,659 --> 00:18:50,097
UAW card,
stubs from an
unemployment check.
374
00:18:50,797 --> 00:18:52,956
They thought they were
bagging an illegal alien,
375
00:18:53,026 --> 00:18:55,585
instead they got
an out-of-work auto worker.
376
00:18:56,235 --> 00:18:57,634
That's what anger gets you.
377
00:19:03,832 --> 00:19:07,000
What the deplorableevents in Peconic andNew York City underline
378
00:19:07,070 --> 00:19:09,799
is thatpeople are scaredand people are angry.
379
00:19:09,869 --> 00:19:11,898
All right, bottom line,
under Jack McCoy,
380
00:19:11,978 --> 00:19:14,667
has New York becomea sanctuary cityfor illegals?
381
00:19:15,277 --> 00:19:17,976
If Mr. McCoy actually
enforced the law,
382
00:19:18,376 --> 00:19:21,215
our schools and ourworkplaces wouldn't befilled with illegals.
383
00:19:21,444 --> 00:19:22,504
There you have it.
384
00:19:24,983 --> 00:19:27,312
Where are you with
these deplorable events?
385
00:19:27,382 --> 00:19:30,111
The unemployed
auto worker was
living with his sister.
386
00:19:30,651 --> 00:19:32,450
He has recently
found a job
387
00:19:32,520 --> 00:19:34,319
working as a night watchman
in East Harlem.
388
00:19:34,389 --> 00:19:36,148
It looks like
he was grabbed and killed
389
00:19:36,218 --> 00:19:39,847
24 hours after
Mr. Morales was thrown
out of the Toyota.
390
00:19:39,927 --> 00:19:41,256
The same kids?
Mm-hmm.
391
00:19:41,326 --> 00:19:43,255
Both victims
had a similar burn,
392
00:19:43,325 --> 00:19:44,795
or a brand,
on their face.
393
00:19:44,865 --> 00:19:47,624
These kids
had been escalating
their violence.
394
00:19:47,694 --> 00:19:49,163
They finally got a scalp.
395
00:19:49,363 --> 00:19:51,232
How good a case
against them
for the murder?
396
00:19:51,302 --> 00:19:53,131
No witnesses,
no forensics.
397
00:19:53,201 --> 00:19:54,861
We have a somewhat
better case against them
398
00:19:54,931 --> 00:19:56,960
for the assault
on Mr. Morales.
399
00:19:57,030 --> 00:19:58,969
Then join
the two cases.
400
00:19:59,039 --> 00:20:01,728
Prove both victims
were branded with
the same device.
401
00:20:01,808 --> 00:20:04,737
And let the assault
bootstrap the murder case.
402
00:20:04,807 --> 00:20:06,966
Or let the murder case
tank the assault case.
403
00:20:07,036 --> 00:20:09,905
I say we proceed
with the assault
on Mr. Morales,
404
00:20:09,974 --> 00:20:12,304
hold off on the murder,
see what the police turn up.
405
00:20:12,373 --> 00:20:15,432
I say we prosecute
the assault of
an illegal alien
406
00:20:15,812 --> 00:20:19,141
while we back-burner
the murder of
an American citizen.
407
00:20:20,110 --> 00:20:22,169
I can write
the editorials myself.
408
00:20:22,249 --> 00:20:25,808
Now political image
even trumps legal reality?
409
00:20:29,317 --> 00:20:31,086
Here is the legal reality.
410
00:20:31,985 --> 00:20:34,015
We're joining
the two cases.
411
00:20:34,854 --> 00:20:36,014
Clear?
412
00:20:41,561 --> 00:20:44,530
Mr. Cutter is seeking
to piggy-back two cases
413
00:20:44,600 --> 00:20:45,930
that have no connection.
414
00:20:46,000 --> 00:20:48,559
Except the
same defendants,
similar victims...
415
00:20:48,629 --> 00:20:50,358
An illegal immigrant
416
00:20:50,428 --> 00:20:53,766
allegedly thrown
from a car,
417
00:20:53,836 --> 00:20:57,425
and an American citizen
beaten to death
with a baseball bat?
418
00:20:57,675 --> 00:21:01,293
Both men were Hispanic
and both were branded with
the same crude instrument.
419
00:21:01,373 --> 00:21:02,463
How do you
know it's the same?
420
00:21:02,543 --> 00:21:04,872
That evidence will be
provided at trial.
421
00:21:04,942 --> 00:21:08,201
Your Honor,
this claim that the
same device was used
422
00:21:08,440 --> 00:21:11,409
is Mr. Cutter's only basis
to join the cases.
423
00:21:11,479 --> 00:21:12,839
I get it,
Mr. Mosely.
424
00:21:12,909 --> 00:21:14,538
Mr. Cutter, I'm not
granting you this joinder
425
00:21:14,618 --> 00:21:16,107
until you show me evidence
426
00:21:16,177 --> 00:21:18,666
that the victims
were branded with
the same instrument.
427
00:21:18,746 --> 00:21:22,045
The defense has
the right to examine
that evidence firsthand.
428
00:21:22,115 --> 00:21:23,314
Fair enough.
429
00:21:23,414 --> 00:21:26,913
Mr. Cutter,
you will make both victims
available to the defense.
430
00:21:28,492 --> 00:21:31,391
Let's get Oswaldo Morales
examined as soon as possible.
431
00:21:32,760 --> 00:21:34,750
You're here for
Oswaldo Morales?
432
00:21:34,830 --> 00:21:36,689
Uh, yes,
Connie Rubirosa.
433
00:21:37,528 --> 00:21:39,288
Dr. Rodgers
is with the M.E.'s office.
434
00:21:39,358 --> 00:21:42,386
She's here to conduct
an examination of
Mr. Morales' face.
435
00:21:43,526 --> 00:21:45,155
Mr. Morales is
no longer here.
436
00:21:45,695 --> 00:21:47,134
He was discharged
last night.
437
00:21:47,904 --> 00:21:50,193
Discharged?
He was in a coma
on life support.
438
00:21:50,263 --> 00:21:51,393
Who was he
discharged to?
439
00:21:51,473 --> 00:21:53,662
Well, pursuant to
hospital policy,
440
00:21:53,732 --> 00:21:55,501
patients who are
undocumented aliens
441
00:21:55,571 --> 00:21:58,060
are repatriated as soon
as they're stabilized.
442
00:21:58,140 --> 00:22:01,109
Mr. Morales was
medevaced to his
home country of Honduras.
443
00:22:01,179 --> 00:22:03,138
Medevaced to where
in Honduras?
444
00:22:03,208 --> 00:22:06,806
To their main airport
in Tegucigalpa.
445
00:22:06,876 --> 00:22:08,965
And what, you just
left him on the tarmac?
446
00:22:09,045 --> 00:22:12,674
Pursuant to policy,
he was turned over
to the Honduran authorities.
447
00:22:12,744 --> 00:22:15,773
He's their
responsibility,
not ours.
448
00:22:16,912 --> 00:22:19,821
Shipping a critically ill
patient out in the
middle of the night,
449
00:22:19,881 --> 00:22:21,250
without telling anyone.
450
00:22:22,950 --> 00:22:25,109
What's the matter
with these people?
451
00:22:25,189 --> 00:22:26,518
It's simple math.
452
00:22:26,588 --> 00:22:28,457
Seventy grand for
a flight to Honduras
453
00:22:28,527 --> 00:22:31,646
versus 200 grand
a month to keep him
on life support.
454
00:22:31,726 --> 00:22:35,525
Well, for 100 bucks,
they could've just put him
in a rowboat off Jones Beach.
455
00:22:35,595 --> 00:22:37,084
Do we know where
he is in Honduras?
456
00:22:37,164 --> 00:22:38,323
It doesn't matter.
457
00:22:38,393 --> 00:22:41,292
No judge is going to require
the defense to send
their expert there.
458
00:22:41,362 --> 00:22:42,592
We needed him here.
459
00:22:42,662 --> 00:22:43,961
Then
let's get him back.
460
00:22:44,031 --> 00:22:45,930
We'll issue a material
witness warrant
461
00:22:46,000 --> 00:22:48,469
and pay for his care out of
our discretionary fund.
462
00:22:50,069 --> 00:22:52,128
I hope your passport
is up to date.
463
00:22:52,468 --> 00:22:54,957
It is. I'll get started on
the warrant application.
464
00:22:56,036 --> 00:22:58,265
Paying for an illegal
immigrant's medical bills
465
00:22:58,345 --> 00:23:02,863
with taxpayer's money
while millions of Americans
can't afford health care.
466
00:23:03,773 --> 00:23:05,672
I'm sure you know
what you're in for.
467
00:23:06,582 --> 00:23:09,241
Since when are you worried
about my political image?
468
00:23:09,880 --> 00:23:13,109
All things being equal,
Jack, I do want you
to win this election.
469
00:23:18,887 --> 00:23:21,816
You want to take
my son where they
try to kill him?
470
00:23:21,885 --> 00:23:23,085
If you let him
come with us,
471
00:23:23,155 --> 00:23:26,094
he can fight back
against the ones
who did this to him.
472
00:23:28,823 --> 00:23:31,522
They say he will
never get better.
473
00:23:35,960 --> 00:23:37,229
Is that true?
474
00:23:39,268 --> 00:23:41,667
He'll be in the best
hospital in New York.
475
00:23:42,537 --> 00:23:45,596
The city will pay
for his doctors,
his medicines.
476
00:23:50,134 --> 00:23:52,663
Hey, we'll pay
for you to come too.
477
00:23:53,802 --> 00:23:55,772
Your son won't be alone.
478
00:24:14,884 --> 00:24:19,882
I'll go with Oswaldo.
I want to see the boys
who did this to my son.
479
00:24:20,751 --> 00:24:22,421
I'll sign the papers.
480
00:24:35,265 --> 00:24:39,723
The diameter,
shape and depth
of both burns
481
00:24:39,803 --> 00:24:41,133
are identical.
482
00:24:41,203 --> 00:24:43,722
And both exhibit
the same irregularity
483
00:24:43,802 --> 00:24:45,741
on the outer perimeter
of the burned skin.
484
00:24:45,801 --> 00:24:48,270
To what do you attribute
this irregularity?
485
00:24:48,370 --> 00:24:51,209
There's an indentation
on the edge of the coin.
486
00:24:51,708 --> 00:24:55,767
It lines up perfectly
with both irregularities.
487
00:24:55,877 --> 00:24:57,866
In my opinion,
the same heated coin
488
00:24:57,946 --> 00:24:59,875
was used to make
both burns.
489
00:24:59,945 --> 00:25:01,075
Thank you.
490
00:25:01,145 --> 00:25:02,474
All right.
Thank you, Doctor.
491
00:25:02,544 --> 00:25:04,673
Your Honor,
I have questions.
492
00:25:04,753 --> 00:25:06,243
Save them
for the trial.
493
00:25:06,312 --> 00:25:09,581
I'm granting
the People's motion to
consolidate the indictments.
494
00:25:09,651 --> 00:25:13,020
The defendants will
be tried for both,
the assault on Mr. Morales
495
00:25:13,689 --> 00:25:15,479
and the murder
of Mr. Alvarez.
496
00:25:17,988 --> 00:25:19,457
The D.A.'s got to
prove he's tough
497
00:25:19,527 --> 00:25:21,016
so he's scapegoating
our kids.
498
00:25:21,096 --> 00:25:24,355
It's our children who
need protection from
these illegal immigrants.
499
00:25:24,425 --> 00:25:27,794
Like that girl in Washington
who was killed by an
illegal from El Salvador.
500
00:25:27,864 --> 00:25:30,692
Or those Mexican
drug gangs that are
coming across the border.
501
00:25:30,792 --> 00:25:33,321
What are we going
to do about it?
Mr. McCoy.
Mr. McCoy.
502
00:25:33,901 --> 00:25:36,160
Are you aware
of the complaint
that has been filed
503
00:25:36,230 --> 00:25:39,289
with the attorney general
about your expenditure
of public funds
504
00:25:39,369 --> 00:25:42,308
to fly an illegal immigrant
back from Honduras
505
00:25:42,368 --> 00:25:44,237
and pay for his
hospital care?
506
00:25:44,307 --> 00:25:47,605
Mr. Morales's
presence serves the
defendants' rights
507
00:25:47,675 --> 00:25:50,005
to confront the
witnesses against
them, Mr. Pewls?
508
00:25:50,074 --> 00:25:53,343
It doesn't bother you
that Mr. Morales is being
afforded medical care
509
00:25:53,413 --> 00:25:57,641
that's beyond the reach
of more than 75% of the
residents of this city?
510
00:25:57,711 --> 00:25:59,800
It bothers me that
most people in this city
511
00:25:59,880 --> 00:26:01,680
can't afford high-quality
medical care.
512
00:26:01,750 --> 00:26:03,079
It should bother you too.
513
00:26:03,149 --> 00:26:04,738
One last question,
Mr. McCoy.
514
00:26:04,818 --> 00:26:06,448
The Ledger is coming
out with a story
515
00:26:06,518 --> 00:26:08,547
that you hired
an undocumented alien
516
00:26:08,617 --> 00:26:11,086
as a household worker
and nanny for your children.
517
00:26:11,686 --> 00:26:12,885
You care to comment?
518
00:26:12,955 --> 00:26:15,084
I'll comment after
I read the story.
519
00:26:15,154 --> 00:26:17,313
I'm here to talk
about this case.
520
00:26:17,393 --> 00:26:21,651
I intend to make justice
available to everyone
in our jurisdiction.
521
00:26:21,731 --> 00:26:23,821
Justice is not
a finite resource.
522
00:26:23,891 --> 00:26:27,989
Because it's given to one
doesn't mean that it will
be denied to another.
523
00:26:28,069 --> 00:26:31,058
But if it is denied to one,
it's denied to all.
524
00:26:34,606 --> 00:26:37,395
Nicely handled,
but what about this nanny?
525
00:26:39,274 --> 00:26:40,674
Oh, great.
526
00:26:44,072 --> 00:26:45,802
As to the allegations
against Mr. McCoy
527
00:26:45,872 --> 00:26:48,101
concerning an undocumented
household worker,
528
00:26:48,181 --> 00:26:51,239
well, that's...That's a matter fordifferent agencies.
529
00:26:51,309 --> 00:26:52,299
However, I understand...
530
00:26:55,947 --> 00:26:58,606
I was going through
my divorce in '91,
531
00:26:59,146 --> 00:27:00,585
Ellen and I were separated.
532
00:27:00,645 --> 00:27:02,315
She hired a nanny.
533
00:27:02,385 --> 00:27:05,044
She was stressed out,
overwhelmed by
534
00:27:08,392 --> 00:27:09,752
everything.
535
00:27:11,691 --> 00:27:13,820
She never thought to check
the woman's papers.
536
00:27:13,890 --> 00:27:15,879
We didn't find out
until a year later,
537
00:27:15,959 --> 00:27:18,258
we let the woman go,
paid her taxes.
538
00:27:18,328 --> 00:27:20,887
So someone's
been going through
your divorce records.
539
00:27:20,967 --> 00:27:23,396
Mike, my problems
are my problems.
540
00:27:23,466 --> 00:27:25,765
The work here goes on,
regardless.
541
00:27:25,835 --> 00:27:28,354
Well, we set
a trial date for
the Peconic kids.
542
00:27:28,434 --> 00:27:31,733
Good. Keep the
pressure on.
543
00:27:33,072 --> 00:27:35,331
Kyle Chase, the kid
who uploaded the videos,
544
00:27:36,241 --> 00:27:38,330
his new lawyer
wants to talk.
545
00:27:41,209 --> 00:27:43,678
I'm not going to prison
for a murder I had
nothing to do with.
546
00:27:43,738 --> 00:27:46,137
No,
we certainly wouldn't
want you to do that.
547
00:27:46,207 --> 00:27:47,936
After what happened
with the guy who
broke the window,
548
00:27:48,016 --> 00:27:50,175
Timothy and Tony,
they wanted to go back
out Saturday night
549
00:27:50,245 --> 00:27:51,734
to find another beaner but...
550
00:27:51,814 --> 00:27:53,074
Sorry.
551
00:27:55,283 --> 00:27:56,682
I meant a Hispanic.
552
00:27:58,552 --> 00:28:00,041
I didn't want
to go with them.
553
00:28:00,121 --> 00:28:01,380
So I bagged out.
554
00:28:01,820 --> 00:28:04,079
Kyle will plead
to the assault
on Mr. Morales
555
00:28:04,149 --> 00:28:06,348
and he'll testify against
Moore and Stratton.
556
00:28:06,418 --> 00:28:08,907
Assuming, of course,
we get a satisfactory
offer from you.
557
00:28:08,987 --> 00:28:10,857
He doesn't have
an alibi for the murder
558
00:28:10,926 --> 00:28:12,086
or we would've
heard it by now.
559
00:28:12,156 --> 00:28:14,055
And since his friends
haven't exculpated him,
560
00:28:14,125 --> 00:28:15,784
we only have his word.
561
00:28:15,864 --> 00:28:19,663
I... I wasn't
there, I swear.
562
00:28:19,733 --> 00:28:22,062
I was home.
Why are you sweating him?
563
00:28:22,132 --> 00:28:24,931
He'll give you
everything you need
against his friends.
564
00:28:25,001 --> 00:28:26,490
First he testifies,
565
00:28:27,969 --> 00:28:30,398
then we'll talk
about a sentence
recommendation.
566
00:28:36,006 --> 00:28:37,705
We were
driving around Peconic.
567
00:28:37,775 --> 00:28:40,174
Tony saw this Mexican
walking along.
568
00:28:40,244 --> 00:28:41,734
And so we came
up on him,
569
00:28:41,814 --> 00:28:44,373
and Tim capped
him with the BB.
570
00:28:44,443 --> 00:28:46,642
The guy, like, jumped.
571
00:28:46,712 --> 00:28:48,111
And that's all you did,
572
00:28:48,181 --> 00:28:50,270
shoot Hispanic men
with a BB gun?
573
00:28:50,350 --> 00:28:54,309
At first.
But then one of them
flipped us off,
574
00:28:54,389 --> 00:28:56,948
so we put a beat
down on him.
575
00:28:57,018 --> 00:28:58,887
And how often did you
and the defendants
576
00:28:58,957 --> 00:29:01,975
go looking for Hispanic
men to attack?
577
00:29:02,055 --> 00:29:03,985
Not a lot.
Maybe once a week.
578
00:29:05,294 --> 00:29:08,983
Did there come a time
when you started looking
outside Peconic?
579
00:29:09,063 --> 00:29:11,651
We were afraid
of being caught
by the town cops,
580
00:29:11,731 --> 00:29:13,781
so we went
into the city.
581
00:29:13,861 --> 00:29:15,450
Tony heard on TV
about this place
582
00:29:15,530 --> 00:29:17,259
where the illegals
went to get work.
583
00:29:17,329 --> 00:29:19,858
Tim had this Mexican
coin from his sister
584
00:29:19,928 --> 00:29:21,797
who'd been to Cancún
on spring break.
585
00:29:21,867 --> 00:29:25,806
Kyle, what did you
and the defendants
do with this coin?
586
00:29:25,866 --> 00:29:28,924
Tim and Tony
wanted to pick up
an illegal
587
00:29:29,004 --> 00:29:31,733
and burn the coin
on his face,
588
00:29:32,343 --> 00:29:34,272
so everybody would know
he was illegal.
589
00:29:34,772 --> 00:29:37,831
And what happened
that Friday night when
you came into the city?
590
00:29:38,980 --> 00:29:41,809
We, uh, waited
for the illegals to
start showing up.
591
00:29:42,379 --> 00:29:44,138
This Mexican came over.
592
00:29:44,548 --> 00:29:46,447
This man?
Yes, sir. That's the Mexican.
593
00:29:48,816 --> 00:29:51,215
Oswaldo Morales
is Honduran.
594
00:29:53,014 --> 00:29:55,813
Okay, whatever.
He came over.
595
00:29:55,883 --> 00:29:58,882
We told him
we had a job for him
for 50 bucks.
596
00:29:58,952 --> 00:30:02,481
He got in the back with Tim,
we drove away.
597
00:30:02,561 --> 00:30:06,359
Tony talked to him
in Spanish to make
him feel comfortable.
598
00:30:06,429 --> 00:30:07,588
What
were you doing?
599
00:30:07,658 --> 00:30:10,317
I had this pipe
that Tim rigged up
600
00:30:10,397 --> 00:30:12,756
with the coin
jammed in the end.
601
00:30:13,426 --> 00:30:15,695
People's 17.
Is this the pipe?
602
00:30:15,765 --> 00:30:17,924
Yes, sir. I heated it
with a lighter.
603
00:30:18,004 --> 00:30:19,394
When it was glowing red,
604
00:30:19,464 --> 00:30:22,492
Tim put his arm
around the guy's neck.
605
00:30:22,572 --> 00:30:26,091
With his other hand
he pressed the coin
into his face.
606
00:30:26,941 --> 00:30:29,200
The guy screamed,
he was fighting back.
607
00:30:30,509 --> 00:30:31,739
Tim started
wailing on him.
608
00:30:32,938 --> 00:30:34,377
The guy kicked
out the window.
609
00:30:35,047 --> 00:30:37,736
Tim pushed him out the car,
we drove home.
610
00:30:37,816 --> 00:30:40,045
Did something
happen later that night?
611
00:30:40,115 --> 00:30:42,044
Tim was, like,
let's go back
and do it right.
612
00:30:42,114 --> 00:30:44,543
What did that mean,
"do it right"?
613
00:30:44,613 --> 00:30:47,442
Him and Tony wanted
to kill one of them.
614
00:30:48,152 --> 00:30:50,811
But I wanted
nothing to do with that.
615
00:30:50,881 --> 00:30:52,250
So I just stayed home.
616
00:30:52,320 --> 00:30:54,119
No further questions.
617
00:31:00,927 --> 00:31:05,585
Did Tim and Tony
brag to you about
killing Mr. Alvarez?
618
00:31:05,665 --> 00:31:06,994
No.
619
00:31:07,594 --> 00:31:10,692
But didn't they show you
the bat they used
620
00:31:10,762 --> 00:31:13,991
or describe how
Mr. Alvarez died?
621
00:31:14,061 --> 00:31:16,030
No, they didn't say
anything about that.
622
00:31:16,100 --> 00:31:21,058
You don't know
for a fact they killed
Mr. Alvarez, do you?
623
00:31:21,908 --> 00:31:23,457
No, I don't.
624
00:31:23,537 --> 00:31:26,596
It's pure speculation
on your part
625
00:31:26,676 --> 00:31:29,905
and the more you speculate,
the lighter your sentence.
626
00:31:29,975 --> 00:31:32,304
Isn't that your deal
with Mr. Cutter?
627
00:31:32,374 --> 00:31:33,363
No.
628
00:31:33,443 --> 00:31:35,072
Aren't you afraid to
go to prison, Kyle?
629
00:31:35,142 --> 00:31:36,232
Yes, I sure am.
630
00:31:36,312 --> 00:31:41,040
So afraid that you
agreed to testify
against your friends!
631
00:31:41,120 --> 00:31:42,379
Your Honor,
if Mr. Mosely...
632
00:31:42,449 --> 00:31:44,209
Mr. Mosely, do you
have a question?
633
00:31:44,748 --> 00:31:48,647
Kyle, isn't it possible
634
00:31:48,717 --> 00:31:52,345
you let your fear
color your testimony
here today?
635
00:32:00,522 --> 00:32:02,361
I don't know. Maybe.
636
00:32:07,099 --> 00:32:08,559
Maybe you did.
637
00:32:09,798 --> 00:32:10,958
No more questions.
638
00:32:11,028 --> 00:32:12,327
Redirect, Your Honor.
639
00:32:12,397 --> 00:32:14,456
Kyle, when you
just testified
640
00:32:14,536 --> 00:32:19,064
about what you
and the defendants
did to Mr. Morales,
641
00:32:19,134 --> 00:32:20,734
did you tell the truth?
642
00:32:24,442 --> 00:32:26,101
Young man,
answer the question.
643
00:32:29,680 --> 00:32:33,438
Mr. Chase, answer
or I'll cite you
for contempt.
644
00:32:33,508 --> 00:32:35,707
Okay, sure.
645
00:32:37,077 --> 00:32:38,776
I told the truth.
646
00:32:43,054 --> 00:32:46,683
My name is Ramiro Lopez.
I am from Mexico.
647
00:32:46,753 --> 00:32:48,982
I live in Peconic,
on Long Island.
648
00:32:49,052 --> 00:32:51,751
Are you here legally,
Mr. Lopez?
649
00:32:51,821 --> 00:32:55,449
No, sir. I come across
the border one year ago.
650
00:32:55,529 --> 00:32:57,359
Can you describe
what happened to you
651
00:32:57,429 --> 00:33:00,157
in Peconic in March
of this year?
652
00:33:00,227 --> 00:33:02,027
I was walking home.
653
00:33:02,097 --> 00:33:03,786
A green car
stop on the road.
654
00:33:03,866 --> 00:33:05,555
Three boys got out.
655
00:33:05,635 --> 00:33:08,254
They scream,
"Where you going,
you stupid beaner?"
656
00:33:08,964 --> 00:33:11,363
I try to run.
But the boy with
blond hair catch me.
657
00:33:12,103 --> 00:33:14,901
He hit me in the face.
The other boys kick me.
658
00:33:14,971 --> 00:33:16,701
They broke my nose
and my ribs.
659
00:33:16,771 --> 00:33:19,070
They say if I do not
go back to Mexico,
660
00:33:19,140 --> 00:33:20,609
next time they will kill me.
661
00:33:20,669 --> 00:33:23,838
Do you see any
of these boys in
the courtroom today?
662
00:33:23,908 --> 00:33:25,437
Two of them
sit at the table.
663
00:33:26,347 --> 00:33:29,076
Tony Stratton
and Timothy Moore.
664
00:33:30,715 --> 00:33:31,804
Thank you.
665
00:33:37,112 --> 00:33:39,211
Who do you work for,
Mr. Lopez?
666
00:33:40,421 --> 00:33:42,610
I don't want to say.
My boss might get in trouble.
667
00:33:42,690 --> 00:33:44,749
And you don't pay
taxes, is that right?
668
00:33:44,819 --> 00:33:47,378
I'm sorry
but I cannot find
a job in Mexico.
669
00:33:47,458 --> 00:33:50,357
You admit you cheat
our government,
670
00:33:50,427 --> 00:33:52,856
you steal from
everyone here...
671
00:33:52,926 --> 00:33:56,414
Mister, if people
came to my country
672
00:33:57,394 --> 00:33:59,363
with no papers
and took jobs,
673
00:33:59,433 --> 00:34:00,922
I would feel bad too.
674
00:34:00,992 --> 00:34:02,522
But I have
to feed my family.
675
00:34:03,062 --> 00:34:05,221
Yeah, that's all
fine and good,
676
00:34:05,301 --> 00:34:08,429
but you're an admitted
thief and liar.
677
00:34:09,439 --> 00:34:11,728
How do we know you're not
lying about my clients?
678
00:34:12,538 --> 00:34:18,025
Your Honor, I move
that this witness's entire
testimony be stricken.
679
00:34:18,105 --> 00:34:20,135
Denied. Mr. Lopez,
you're excused.
680
00:34:20,204 --> 00:34:22,044
You may step down.
Thank you, Judge.
681
00:34:22,813 --> 00:34:25,402
Your Honor,
the People rest their case.
682
00:34:25,482 --> 00:34:27,911
Mr. Mosely,
are you ready to call
your first witness?
683
00:34:28,511 --> 00:34:29,671
Uh...
684
00:34:32,020 --> 00:34:33,569
What's going on there?
685
00:34:33,649 --> 00:34:35,578
Immigration and Customs
Enforcement, Your Honor.
686
00:34:35,648 --> 00:34:37,177
We're taking
Mr. Lopez into custody.
687
00:34:37,247 --> 00:34:39,217
Your Honor,
this man is the
People's witness.
688
00:34:39,287 --> 00:34:40,616
He is subject to recall.
689
00:34:40,686 --> 00:34:43,015
It's not my jurisdiction,
Mr. Cutter.
690
00:34:43,085 --> 00:34:46,084
But If I were you,
I'd get on the phone
to the U.S. Attorney
691
00:34:46,154 --> 00:34:48,923
and make sure
they don't deport
your witness.
692
00:34:48,993 --> 00:34:51,652
Mr. Mosely,
call your first witness.
693
00:34:52,561 --> 00:34:54,051
I came here
from Argentina
694
00:34:54,131 --> 00:34:57,759
as an exchange student
23 years ago.
695
00:34:57,829 --> 00:34:59,728
I met my husband here.
696
00:34:59,798 --> 00:35:02,997
I became a citizen,
raised a family.
697
00:35:03,067 --> 00:35:05,056
I'm very proud
to be an American.
698
00:35:06,635 --> 00:35:09,034
But I'm also proud of
my Spanish heritage.
699
00:35:09,104 --> 00:35:12,363
I raised my son Antonio
to be proud of
his heritage, too.
700
00:35:12,443 --> 00:35:15,172
My son does not
hate Spanish people,
701
00:35:15,242 --> 00:35:16,571
he doesn't hate immigrants.
702
00:35:16,641 --> 00:35:18,610
It would be like
hating his own family.
703
00:35:18,680 --> 00:35:20,770
Thank you, Mrs. Stratton.
704
00:35:21,549 --> 00:35:24,238
Mrs. Stratton, has your
son ever come home
705
00:35:24,308 --> 00:35:27,007
and told you someone
called him names like,
706
00:35:27,077 --> 00:35:29,746
and please forgive
my language,
707
00:35:29,816 --> 00:35:31,905
a spic or a beaner?
708
00:35:31,985 --> 00:35:33,384
Yes.
709
00:35:33,454 --> 00:35:34,884
He knows
those words hurt.
710
00:35:34,954 --> 00:35:36,513
That's why he
doesn't use them.
711
00:35:36,583 --> 00:35:40,541
Has he ever complained
that he was excluded
from social activities
712
00:35:40,621 --> 00:35:43,590
because of his heritage?
713
00:35:43,660 --> 00:35:46,219
Sometimes, but it
doesn't bother him.
714
00:35:46,289 --> 00:35:48,848
What? It's not important
to your son
715
00:35:48,928 --> 00:35:51,227
to belong,
to have friends?
716
00:35:51,297 --> 00:35:53,266
Yes, like any teenager,
717
00:35:53,326 --> 00:35:55,385
but he wouldn't
do anything bad.
718
00:35:55,465 --> 00:35:58,494
I told you,
Tony doesn't have
hate in his heart.
719
00:35:58,564 --> 00:36:00,053
So you say.
720
00:36:01,933 --> 00:36:04,562
When you first
spoke to the police
at your home,
721
00:36:04,641 --> 00:36:07,660
you pretended not
to understand English.
722
00:36:07,740 --> 00:36:10,869
You let them believe
that you were the
housekeeper, correct?
723
00:36:10,939 --> 00:36:12,498
I didn't say I was
the housekeeper.
724
00:36:12,578 --> 00:36:15,907
No, no,
you pretended to be,
to deceive them.
725
00:36:15,977 --> 00:36:17,036
It's them who
made a mistake.
726
00:36:17,106 --> 00:36:19,006
How could anyone
look at me and think
I'm a groncho?
727
00:36:19,815 --> 00:36:21,934
I beg your pardon,
what's that word you used?
728
00:36:22,014 --> 00:36:23,344
A groncho?
729
00:36:24,113 --> 00:36:25,913
It's an
Argentine word.
730
00:36:25,983 --> 00:36:27,212
What does it mean?
731
00:36:28,222 --> 00:36:30,881
It means a simple person,
a campesino.
732
00:36:30,951 --> 00:36:33,150
Oh, no, no.
That word I know.
733
00:36:33,220 --> 00:36:35,309
That, uh, means a peasant?
734
00:36:35,389 --> 00:36:36,478
Yes.
735
00:36:36,558 --> 00:36:38,817
But a groncho
is more than that.
736
00:36:38,887 --> 00:36:41,446
It's a derogatory term
for a poor person,
737
00:36:41,526 --> 00:36:43,456
an unemployed
person, isn't it?
738
00:36:44,155 --> 00:36:46,284
It's just a word
we use in Buenos Aires.
739
00:36:46,364 --> 00:36:50,093
By upper class people
to describe the
lower class, correct?
740
00:36:50,163 --> 00:36:52,722
Do you use that word
around your son?
741
00:36:52,802 --> 00:36:55,031
I never taught
my son that word.
742
00:36:55,101 --> 00:36:56,830
No, but you taught
him that attitude.
743
00:36:56,900 --> 00:36:57,920
No.
744
00:36:58,000 --> 00:37:01,328
That gronchos, people
like Oswaldo Morales
and Rey Alvarez
745
00:37:01,408 --> 00:37:04,167
are bums, garbage,
sub-human...
746
00:37:04,237 --> 00:37:07,006
Objection.
Asked and answered.
747
00:37:07,076 --> 00:37:08,235
Sustained.
748
00:37:14,343 --> 00:37:16,672
I have no further
questions, Your Honor.
749
00:37:20,050 --> 00:37:21,610
We've got nothing
to hide, Ellen.
750
00:37:21,680 --> 00:37:23,209
Just tell the truth.
751
00:37:23,279 --> 00:37:25,308
I'm sorry
you got dragged
into this mess.
752
00:37:27,947 --> 00:37:29,417
Me, too, Ellen. Thanks.
753
00:37:31,656 --> 00:37:32,845
My ex.
754
00:37:34,994 --> 00:37:36,484
The case is with the jury.
755
00:37:37,323 --> 00:37:39,083
Four hours and counting.
756
00:37:39,163 --> 00:37:41,752
Better lay in the provisions.
It's going to be a long one.
757
00:37:41,831 --> 00:37:44,091
Hey. Judge
wants to see us.
758
00:37:44,161 --> 00:37:45,530
Apparently, a court officer
759
00:37:45,600 --> 00:37:49,258
saw jurors watching
a Len Pewls special
on illegal immigration.
760
00:37:49,328 --> 00:37:52,167
Who let a TV into
the deliberation room?
761
00:37:52,237 --> 00:37:53,667
This was on an iPhone.
762
00:37:54,966 --> 00:37:57,625
When is this countrygoing to wake upto the fact
763
00:37:57,705 --> 00:37:59,564
that we have been invaded?
764
00:37:59,634 --> 00:38:02,803
When are thejunket-softened wimpsof Washington
765
00:38:02,873 --> 00:38:06,601
gonna quit kow-towing
to the great god of NAFTA
766
00:38:06,671 --> 00:38:07,971
and start throwing
our weight around?
767
00:38:08,041 --> 00:38:11,139
Amnesty, ladies and
gentlemen, is not reform,
768
00:38:11,209 --> 00:38:12,299
it is surrender.
769
00:38:14,348 --> 00:38:16,407
Mr. Di Grappa,
where did you
get this podcast?
770
00:38:16,477 --> 00:38:18,416
My cousin e-mailed it to me.
771
00:38:18,486 --> 00:38:20,276
I only showed it to
four of the jurors.
772
00:38:20,346 --> 00:38:22,045
I'm replacing you
with an alternate.
773
00:38:22,115 --> 00:38:24,144
You're dismissed
from jury duty.
Have a nice day.
774
00:38:28,122 --> 00:38:30,681
Replacing one juror
isn't enough, Your Honor.
775
00:38:30,751 --> 00:38:32,980
Mr. Cutter, I'm not
declaring a mistrial.
776
00:38:33,060 --> 00:38:35,889
I not going to put
this city through
another month of this.
777
00:38:35,959 --> 00:38:37,858
The other jurors
have sworn to me
778
00:38:37,928 --> 00:38:39,988
that they can maintain
their impartiality,
779
00:38:40,058 --> 00:38:44,186
despite what they've
heard from this
race-baiting gas-bag.
780
00:38:44,836 --> 00:38:47,894
The jurors will resume
deliberations.
781
00:38:56,301 --> 00:38:58,400
Has the jury
reached a verdict?
782
00:38:58,470 --> 00:38:59,729
We have, Your Honor.
783
00:38:59,809 --> 00:39:02,898
As to Rey Alvarez,
a count of Murder
in the First Degree,
784
00:39:02,978 --> 00:39:04,138
how do you find?
785
00:39:04,208 --> 00:39:06,737
We find the defendants
not guilty.
786
00:39:09,945 --> 00:39:12,074
As to
Oswaldo Morales,
787
00:39:12,584 --> 00:39:14,983
on a charge of
Attempted Murder,
how do you find?
788
00:39:15,053 --> 00:39:17,642
We find the defendants
not guilty.
789
00:39:18,682 --> 00:39:21,650
As to Oswaldo Morales,
on the lesser included offense
790
00:39:21,720 --> 00:39:24,149
of Assault in
the First Degree,
how do you find?
791
00:39:24,219 --> 00:39:26,618
We find the defendants
guilty.
792
00:39:36,664 --> 00:39:38,284
How much time?
793
00:39:39,833 --> 00:39:41,792
The judge said five years.
794
00:39:44,261 --> 00:39:47,230
Five years for what
they did to my son?
795
00:39:48,669 --> 00:39:51,968
Oswaldo survived
the attack, Mrs. Morales.
796
00:39:52,038 --> 00:39:53,437
He's still alive.
797
00:39:53,807 --> 00:39:55,297
This is not alive.
798
00:39:56,076 --> 00:39:57,296
Look at him.
799
00:39:57,875 --> 00:40:01,334
No change, no change.
That's what doctors say.
800
00:40:03,373 --> 00:40:05,642
There are other ways
to make them pay
for what they did.
801
00:40:05,712 --> 00:40:09,301
We can find you
a lawyer who can
sue their families.
802
00:40:09,611 --> 00:40:11,440
I don't want money.
803
00:40:14,419 --> 00:40:17,317
I just want
my son to wake up.
804
00:40:18,357 --> 00:40:23,285
I want to see him
play with my grandchildren.
805
00:40:27,053 --> 00:40:29,153
But he never will.
806
00:40:32,961 --> 00:40:34,950
He never will.
807
00:40:41,637 --> 00:40:44,296
Thank you for what you did.
808
00:40:44,366 --> 00:40:45,836
Thank you.
809
00:41:01,949 --> 00:41:03,778
U.S. V. Stanhope
is a good precedent,
810
00:41:03,848 --> 00:41:06,367
you should cite
it sooner. Paragraph 3.
811
00:41:09,286 --> 00:41:10,646
Mike Cutter.
812
00:41:13,284 --> 00:41:14,414
When?
813
00:41:16,023 --> 00:41:18,512
All right, thanks for
letting me know.
814
00:41:21,861 --> 00:41:25,260
Maria Morales signed
a DNR order for
her son this morning.
815
00:41:26,589 --> 00:41:27,888
He was taken off
life support
816
00:41:27,958 --> 00:41:30,157
and declared dead
20 minutes later.
817
00:41:43,602 --> 00:41:46,541
Send Mrs. Morales
our condolences.
818
00:41:46,601 --> 00:41:49,040
Then re-charge
Timothy Moore
and Tony Stratton
819
00:41:49,110 --> 00:41:50,869
with first-degree
bias murder.
820
00:41:52,138 --> 00:41:53,468
Right.
821
00:41:53,538 --> 00:41:55,977
Jury found them guilty
of assaulting Oswaldo,
822
00:41:56,047 --> 00:41:58,606
stands to reason
they'll convict them
of his murder.
823
00:42:00,375 --> 00:42:02,034
You think she knew?
824
00:42:02,114 --> 00:42:03,514
Oswaldo's mother?
825
00:42:04,283 --> 00:42:05,513
Maybe somebody told her
826
00:42:05,583 --> 00:42:07,772
his death would
give us a new cause of action.
827
00:42:08,782 --> 00:42:10,151
Why not?
828
00:42:10,221 --> 00:42:12,240
Everyone games the system.
64009
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