1 00:00:02,044 --> 00:00:03,994 In the criminal justice system, 2 00:00:04,050 --> 00:00:07,471 the people are represented by two separate yet equally important groups- 3 00:00:07,529 --> 00:00:09,535 the police, who investigate crime, 4 00:00:09,601 --> 00:00:12,213 and the district attorneys, who prosecute the offenders. 5 00:00:12,277 --> 00:00:14,387 These are their stories. 6 00:00:14,451 --> 00:00:17,165 Feels like the city's getting dirtier by the minute. 7 00:00:17,226 --> 00:00:19,176 Budget crunch. What do you expect? 8 00:00:19,232 --> 00:00:22,014 I never thought I'd say this, but I miss Giuliani. 9 00:00:22,074 --> 00:00:25,027 Bite your tongue. Oh, yeah. Look at this guy. 10 00:00:26,020 --> 00:00:28,870 Geez. He doesn't look very good 11 00:00:28,929 --> 00:00:32,179 Hey, kid,you all right? Is he breathing? 12 00:00:33,511 --> 00:00:35,586 Call 911. I don't feel a pulse. 13 00:00:37,021 --> 00:00:38,971 - He was strangled - When did it happen? 14 00:00:39,027 --> 00:00:42,208 Sometime within the last four hours. So about the same time the snow started? 15 00:00:42,271 --> 00:00:44,951 What makes you think he was choked to death? Petechial hemorrhages. 16 00:00:45,013 --> 00:00:48,400 Strangulation until proven otherwise. Autopsy will confirm one way or the other. 17 00:00:48,457 --> 00:00:52,642 I don't see any marks or bruises Skin's gotta dry out for ligature marks to really pop. 18 00:00:52,704 --> 00:00:55,053 Might not show up until tomorrow. Any I.D.? 19 00:00:55,111 --> 00:00:59,570 Over there Hey, yo! Hey man, what do you got? 20 00:00:59,626 --> 00:01:03,240 Contents of the pockets. No wallet, but we're still looking. 21 00:01:04,274 --> 00:01:06,953 House keys, spare change, fresh pack of smokes. 22 00:01:07,016 --> 00:01:09,022 That's one way to kick the habit. 23 00:01:58,109 --> 00:02:00,755 Found this in his stomach. Could be off the killer's cuff. 24 00:02:00,818 --> 00:02:03,532 It's a white button and white thread. It's pretty generic. 25 00:02:03,593 --> 00:02:07,013 Well, if the killer had him in a choke hold-- He bit it off trying to escape? 26 00:02:07,070 --> 00:02:09,112 He was being strangled to death. How would he manage that? 27 00:02:09,178 --> 00:02:11,128 He could still swallow. Huh? 28 00:02:11,184 --> 00:02:14,195 Look, your garden-variety, two-handed choke hold severely compresses the neck... 29 00:02:14,260 --> 00:02:16,210 and prevents oxygen from reaching the lungs. 30 00:02:16,266 --> 00:02:20,747 Right. If you can't breathe, you can't swallow. Right. But this one... 31 00:02:20,814 --> 00:02:26,401 applies just enough pressure to block venous outflow from the brain. 32 00:02:26,465 --> 00:02:28,541 Meanwhile, the carotids are still pumping blood in. 33 00:02:28,606 --> 00:02:31,786 You keep that up for four or five seconds, blood floods the brain, 34 00:02:31,849 --> 00:02:34,562 the capillaries start exploding like popcorn. 35 00:02:34,625 --> 00:02:37,475 Four or five seconds? Correct. 36 00:02:37,533 --> 00:02:39,278 Somebody knew what he was doing. 37 00:02:39,339 --> 00:02:42,657 You could pick up this move a lot of places-- martial-arts training, the military. 38 00:02:42,716 --> 00:02:46,604 - Mm-hmm. Law enforcement. - Back in the day, we called it the sleeper hold. 39 00:02:46,662 --> 00:02:48,908 Used it to restrain suspects. 40 00:02:48,969 --> 00:02:51,819 Trouble is, it put some of them to sleep for good. 41 00:02:53,317 --> 00:02:58,037 Tell me we have an I.D. Mm-hmm. The vic's name is Brian Teague. B.C.I. had his prints on file. 42 00:02:58,098 --> 00:03:02,077 I love it when their fingers do the talking. In Teague's case, they couldn't shut up. 43 00:03:02,144 --> 00:03:05,895 Four collars for disturbing the peace, one for assault, another one for resisting arrest. 44 00:03:05,956 --> 00:03:08,168 Well, maybe he just mouthed off once too often. 45 00:03:08,230 --> 00:03:11,411 It doesn't feel like a street fight to me. He didn't have any other injuries. 46 00:03:11,474 --> 00:03:15,487 His wallet's missing. Somebody could have jumped him. The lab's examining that button. 47 00:03:15,552 --> 00:03:19,600 They told us not to hold our breath unless we get 'em a suspect and the shirt off his back. 48 00:03:19,665 --> 00:03:22,983 Okay. So where does that leave us? With a last known address. 49 00:03:25,852 --> 00:03:27,858 Sorry to hear about Brian. 50 00:03:27,925 --> 00:03:31,038 Most of the tenants here are students. Pains in the asses, I can tell you that. 51 00:03:31,102 --> 00:03:33,052 We heard Teague had a rep for acting up. 52 00:03:33,108 --> 00:03:35,457 No, he was one of the nicer ones. Always said hello. 53 00:03:35,515 --> 00:03:39,974 Lot of these other kids make like I'm invisible. My lot in life to clean up after 'em. 54 00:03:43,340 --> 00:03:47,354 Who's this? Don't know her name. Seen her coming and going few times. 55 00:03:47,420 --> 00:03:49,597 Girlfriend, maybe? I don't get involved. 56 00:03:49,660 --> 00:03:54,175 Hey, no wonder Teague had that rap sheet. He's been disturbing the peace fighting for it. 57 00:03:54,241 --> 00:03:56,226 There's a whole bunch of rally flyers here. 58 00:03:56,281 --> 00:03:59,234 New Yorkers for Peace, Bring Our Troops Home Now Coalition. 59 00:03:59,290 --> 00:04:01,776 Kid tried to get me to sign a petition. Did you? 60 00:04:01,832 --> 00:04:03,838 Like I said-- Yeah, I know, you don't get involved. 61 00:04:03,905 --> 00:04:06,186 Hey, incoming messages. 62 00:04:06,245 --> 00:04:10,396 Bri, it's Rehana. I'm here waiting for you. Where the hell are you? 63 00:04:10,458 --> 00:04:14,780 - It's me again. - I'm going home. See you tomorrow. 64 00:04:14,839 --> 00:04:17,587 Rehana? Is that an Indian name? 65 00:04:17,648 --> 00:04:21,000 Sounds Indian to me. “See you tomorrow." That protest is today. 66 00:04:22,764 --> 00:04:25,910 We met at a W.T.O. demonstration. 67 00:04:25,975 --> 00:04:29,452 Brian was a chain-smoker. I was trying to quit. 68 00:04:29,518 --> 00:04:33,839 He was so cute, I couldn't resist. I bummed a smoke off him. 69 00:04:33,899 --> 00:04:35,849 And one thing led to another and, uh-- 70 00:04:35,905 --> 00:04:38,687 You were boyfriend and girlfriend? 71 00:04:38,748 --> 00:04:40,994 We were more than that. We were soul mates. 72 00:04:41,055 --> 00:04:43,199 What about yesterday? Were you two together? 73 00:04:43,262 --> 00:04:45,212 We were at the Handleton demonstration. 74 00:04:45,268 --> 00:04:47,115 Handleton? The construction company? 75 00:04:47,174 --> 00:04:51,393 The one making billions in Iraq and Afghanistan? I mean, that's the reason why these wars started. 76 00:04:51,454 --> 00:04:55,468 Really? I thought it was 9/11 and 3,000 dead Americans. 77 00:04:55,534 --> 00:05:00,084 Well, where were these demonstrations? Outside the C.E.O.'s townhouse on King Street. 78 00:05:00,148 --> 00:05:01,893 How long were you there? Till about 3:00. 79 00:05:01,954 --> 00:05:05,066 The cops came and cleared us out. We got separated. 80 00:05:05,131 --> 00:05:09,246 We were supposed to meet back at the car at 6:00, but-but Brian never showed. 81 00:05:09,311 --> 00:05:14,704 - The car? The only keys they found on him were his house keys. - His parents' car, actually. 82 00:05:14,761 --> 00:05:17,543 I'm gonna call in a BOLO What kind of car? 83 00:05:17,603 --> 00:05:19,815 It's a black S.U.V. Lexus. 84 00:05:19,877 --> 00:05:24,860 I'm gonna have 'em call Impound and check repair shops. Maybe they towed the car. 85 00:05:27,434 --> 00:05:29,646 Where were the police? 86 00:05:29,707 --> 00:05:34,029 Too busy protecting the C.E.O. of Handleton. 87 00:05:34,088 --> 00:05:36,505 We're very sorry for your loss, Mrs. Teague. 88 00:05:36,563 --> 00:05:39,516 Actually, the murder took place several hours after the protest. 89 00:05:39,573 --> 00:05:42,719 So the police and the demonstrators had already left the scene. 90 00:05:42,782 --> 00:05:46,637 Any witnesses? Uh, any idea what happened? 91 00:05:46,695 --> 00:05:50,206 Not so far. Uh, can you think of anybody we should talk to? 92 00:05:50,273 --> 00:05:52,223 What do you mean? 93 00:05:52,279 --> 00:05:57,741 Well, Mrs. Teague, your son had a history of, how should I put it... confrontation? 94 00:05:57,796 --> 00:06:03,120 We taught him to speak his mind, to stand up for what he believed in. 95 00:06:03,179 --> 00:06:07,136 In a pretty aggressive manner. Disorderly conduct, assault-- 96 00:06:07,192 --> 00:06:12,312 No, no, no. Civil disobedience. Brian never hurt anyone. 97 00:06:12,375 --> 00:06:14,724 Are you blaming Brian for what happened? 98 00:06:14,783 --> 00:06:18,831 No. No, not at all. I'm just saying that maybe somebody took exception. 99 00:06:18,896 --> 00:06:21,678 Somebody he'd tangled with in the past? 100 00:06:21,738 --> 00:06:24,121 I can't think of anyone. Honestly. 101 00:06:24,179 --> 00:06:27,326 Well, we think the murder took place near where he parked the car, 102 00:06:27,389 --> 00:06:29,339 and the killer may have used it to flee the scene. 103 00:06:29,395 --> 00:06:31,346 So if we could locate your car- 104 00:06:31,402 --> 00:06:34,480 A copy of the registration's in my study. 105 00:06:36,518 --> 00:06:38,524 I'll be right back. 106 00:06:44,208 --> 00:06:47,526 I'm thinking we oughta recanvas the crime scene. Why? What'd we miss? 107 00:06:47,586 --> 00:06:51,941 Well, the girl said the kid was a heavy smoker. He was found with an unopened pack. 108 00:06:52,000 --> 00:06:55,420 Oh, you thinkin' he bought them that day. Hopefully, in that neighborhood. 109 00:06:56,413 --> 00:06:59,299 I didn't sell this kid any cigarettes. How can you be so sure? 110 00:06:59,357 --> 00:07:02,777 I told him to get lost. He was fighting with this other guy. 111 00:07:02,834 --> 00:07:06,950 They were knocking over all my magazines. I told them to “Take hike." 112 00:07:07,013 --> 00:07:10,001 To both of them. Did you get a good look at the other guy? 113 00:07:10,057 --> 00:07:13,911 Yeah. Sure. He's my mailman. This is his route. I see him every day. 114 00:07:14,905 --> 00:07:17,984 I wouldn't call it a fight. What would you call it? 115 00:07:19,286 --> 00:07:21,236 A disagreement. Okay. 116 00:07:21,292 --> 00:07:23,903 So what was the disagreement about? 117 00:07:23,967 --> 00:07:27,079 Well, the jerk wants to rag on America. It's a free country. 118 00:07:27,143 --> 00:07:29,219 Hey, I fought for their right to be stupid. 119 00:07:29,284 --> 00:07:31,394 But these kids, you know, they're blocking all the foot traffic. 120 00:07:31,458 --> 00:07:34,000 I got a 70-pound cart and a load to deliver. 121 00:07:34,065 --> 00:07:36,015 So what, you told him to get the hell out of the way? 122 00:07:36,072 --> 00:07:38,717 No. I asked him to step aside very politely, you know. 123 00:07:38,780 --> 00:07:41,893 And the kid tells me to go screw myself. 124 00:07:41,957 --> 00:07:45,572 Yeah. That was part of the disagreement. But it didn't end there. 125 00:07:45,635 --> 00:07:48,953 Look, I tried walking down the block. The kid followed me, talking all kinds of trash. 126 00:07:49,012 --> 00:07:51,932 I was about to call my supervisor- So why didn't you? 127 00:07:51,989 --> 00:07:54,166 This cop, you know, he broke it up. 128 00:07:54,229 --> 00:07:58,550 He was about to let us both go. But the kid just wouldn't quit. 129 00:07:58,609 --> 00:08:01,221 Before I know it, the cop's shoving him in the back of his squad car. 130 00:08:01,285 --> 00:08:04,671 For what? For talking back? No. For giving the cop the bird. 131 00:08:04,728 --> 00:08:08,240 I would've slapped the cuffs on him too. 132 00:08:08,307 --> 00:08:11,419 I wonder why we didn't find a record of this arrest when we pulled Teague's file? 133 00:08:11,483 --> 00:08:15,405 It just happened yesterday. Maybe he's slow on his paperwork. Yeah. Maybe. 134 00:08:15,462 --> 00:08:18,678 Maybe he just drove the kid around the block to scare him and then let him go. 135 00:08:18,739 --> 00:08:21,886 Uh-huh. Maybe. Why? You think this cop choked Teague? 136 00:08:21,949 --> 00:08:25,267 Well, like you said, this sleeper hold's an old academy move. 137 00:08:25,326 --> 00:08:30,252 Yeah, and it's been banned since Lindsay was mayor. I mean, Teague was killed hours after the cop arrested him. 138 00:08:30,309 --> 00:08:32,886 Okay. So I'm wondering what happened in between? 139 00:08:35,525 --> 00:08:39,379 We had about five guys working that rally-- three in plainclothes, two in uniform. 140 00:08:39,438 --> 00:08:41,889 That's all? I mean, we were talking to one of the protesters. 141 00:08:41,945 --> 00:08:43,895 She made it sound like the March on Washington. 142 00:08:43,951 --> 00:08:49,139 Yeah, right. A couple a dozen of these college kids with nothing better to do. Wish I had that kinda free time. 143 00:08:49,202 --> 00:08:53,317 Hey, the two unis, they got names? We got a problem here? 144 00:08:53,382 --> 00:08:57,338 One of them broke up a fight between one of the protesters and a mail carrier. 145 00:08:57,394 --> 00:09:01,111 Oh, that. Yeah. Officer's name is Jeff Dawson. 146 00:09:01,172 --> 00:09:03,784 You know that kid? What a royal pain in the ass. 147 00:09:03,848 --> 00:09:06,698 Uh, wait. He made it to the precinct? All the way to a holding cell. 148 00:09:06,756 --> 00:09:09,710 Wouldn't shut up for a single second, hollering for a lawyer. 149 00:09:09,766 --> 00:09:11,977 Hey, we didn't see a record of his arrest. 150 00:09:12,040 --> 00:09:14,548 'Cause I voided it. Why? 151 00:09:14,615 --> 00:09:19,905 A couple months back, Dawson detains a few demonstrators. Forgot to let them use the John. 152 00:09:19,965 --> 00:09:21,971 ACLU filed a lawsuit. 153 00:09:22,038 --> 00:09:25,550 Hey, I didn't want him working that protest, just somebody else banged in sick. 154 00:09:25,616 --> 00:09:29,196 - So you cut Teague loose? - Kid threatened to file a C.C.R.B. over nothing. 155 00:09:29,261 --> 00:09:33,342 Sol tried to smooth things over. Even arranged for that little twerp to get a ride back to his car. 156 00:09:33,407 --> 00:09:36,019 Hope you didn't give that assignment to Dawson. 157 00:09:36,082 --> 00:09:40,507 I look like an idiot, Detective? Dawson's head was already full of steam about letting that kid go. 158 00:09:40,563 --> 00:09:42,672 I sent an R.M.P. to take him back. 159 00:09:44,676 --> 00:09:47,720 What do you want me to say? You sure you dropped the kid off? 160 00:09:47,785 --> 00:09:50,830 Why would I lie? Well, to cover for your buddy, Dawson. 161 00:09:50,895 --> 00:09:53,244 Or maybe you're covering for yourself. 162 00:09:53,303 --> 00:09:55,515 You think I killed him? 163 00:09:55,577 --> 00:09:58,861 No. “A"-- you're too young to know the choke hold that killed the kid, 164 00:09:58,920 --> 00:10:01,874 and “B"-- you're too short to use it even if you did. 165 00:10:01,930 --> 00:10:03,914 And what's “C”? I'm a woman? I wasn't gonna say that. 166 00:10:03,970 --> 00:10:07,482 You think I shouldn't be a cop? You old-schoolers are all alike. 167 00:10:07,548 --> 00:10:10,467 All I'm saying is, maybe you saw what went down. 168 00:10:15,841 --> 00:10:20,561 I wasn't with Jeff. But I know him. He wouldn't do something like this. 169 00:10:20,622 --> 00:10:22,503 All right. So why don't you tell us what happened? 170 00:10:24,100 --> 00:10:29,562 I was pulling out, giving the kid a ride back to the car Jeff taps on the window, hops in. 171 00:10:29,617 --> 00:10:32,730 We get there. Jeff says he wants a few minutes alone with the guy 172 00:10:32,794 --> 00:10:36,910 - He say why? - You know, explain the facts of life. 173 00:10:36,974 --> 00:10:42,298 So, he gets out, opens the back door, pulls the kid out, walks him around the corner. 174 00:10:42,357 --> 00:10:45,812 A few minutes later he comes back. He's laughing. 175 00:10:45,868 --> 00:10:48,319 He says he really messed up the kid's car. 176 00:10:48,376 --> 00:10:50,520 I think he did a little bit more than that. 177 00:10:53,525 --> 00:10:56,878 Docket number 49803, Richard Houck-- 178 00:10:56,937 --> 00:10:58,887 Jeff Dawson? 179 00:10:58,943 --> 00:11:03,459 Listen, I gotta testify against a Wail Streeter who made a right on red on Park Avenue. 180 00:11:03,524 --> 00:11:08,848 You mind if we chat after? You know what? I'm not sayin' anything till I talk to my delegate. 181 00:11:08,907 --> 00:11:12,762 - What makes you think we're I.A.? - Kid filed a complaint, right? 182 00:11:12,820 --> 00:11:15,396 He couldn't. Oh, so you're not I.A.? 183 00:11:15,461 --> 00:11:17,605 Nope. Homicide. 184 00:11:17,668 --> 00:11:21,488 - This kid's dead? - Mm-hmm. Somebody choked him to death. 185 00:11:21,548 --> 00:11:24,934 And as far as we know, you were the last person to see him alive. 186 00:11:24,991 --> 00:11:29,244 Whoa, whoa, whoa. The only thing I am guilty of giving that little punk is a civics lesson. 187 00:11:29,305 --> 00:11:34,129 Okay. You wanna explain that? I told him somebody was gonna kick his can if he didn't learn a little respect. 188 00:11:34,187 --> 00:11:38,007 Only somebody beat me to it. They customized his car. Customized? 189 00:11:38,066 --> 00:11:42,114 Two slashed tires, they scratched the driver's side door. You know what he says to me? 190 00:11:42,179 --> 00:11:45,166 He says, “Oh, my Dad's gonna kill me." Like he's a little teenager or something. 191 00:11:45,221 --> 00:11:47,502 Man, I couldn't stop laughin'. Was he pissed. 192 00:11:47,562 --> 00:11:50,812 All right, man. You told your partner that you scratched that car. 193 00:11:50,872 --> 00:11:54,327 Yeah, sure. I had to save face, right? What, I went all the way down there for nothin'? 194 00:11:54,384 --> 00:11:56,425 Docket number 49804. 195 00:11:56,491 --> 00:11:59,501 Listen, that's my right on red. Are we cool? 196 00:11:59,566 --> 00:12:01,572 Go ahead 197 00:12:03,178 --> 00:12:07,694 Well, I don't particularly like him, but I don't particularly like him for Teague's murder either. 198 00:12:07,759 --> 00:12:12,650 - He said the kid had two flats? - Yeah. Two flats, one spare. The car had to be towed. 199 00:12:12,708 --> 00:12:15,285 Well, we checked Impound and every garage in the neighborhood. 200 00:12:15,349 --> 00:12:17,834 What about the parents' neighborhood? 201 00:12:19,797 --> 00:12:22,784 What time did he call for the tow? About 8:30. 202 00:12:22,840 --> 00:12:26,021 How long did it take you to get there? Fifteen, 20 minutes, tops. 203 00:12:26,083 --> 00:12:29,903 And he was by himself Yeah. I offered him a lift. He wasn't interested. 204 00:12:29,962 --> 00:12:33,508 Said he would just hail a cab. Did he happen to say where he was calling from? 205 00:12:33,573 --> 00:12:35,922 Someplace noisy. Sounded like a bar to me. 206 00:12:35,981 --> 00:12:39,562 Hey, Lennie, Brian Teague's wallet. Found it under the front seat. 207 00:12:39,626 --> 00:12:41,975 Well, that's one mystery solved. 208 00:12:44,307 --> 00:12:47,318 You seen this guy around here in the last few days? 209 00:12:49,791 --> 00:12:54,272 Nah. Not our clientèle. Try Feluzzi's up the block. This is yuppie scum. 210 00:12:54,339 --> 00:12:56,915 Look, man, he wasn't slumming. He may have come in to use the pay phone. 211 00:12:56,980 --> 00:13:00,435 His car broke down. He needed a tow. Sorry. Doesn't ring a bell. 212 00:13:02,264 --> 00:13:05,775 Well, he certainly rang my bell. You saw him? 213 00:13:05,841 --> 00:13:11,098 Well, sure. Cute young guy got all his own hair and no paunch walks into a dump like this? 214 00:13:11,158 --> 00:13:13,335 Makes a girl sit up and take notice. 215 00:13:16,475 --> 00:13:18,356 Did he talk to anybody? 216 00:13:18,414 --> 00:13:21,995 No. Just made his call, that was it. 217 00:13:22,059 --> 00:13:25,776 So he didn't sit at the bar, have a couple drinks, say two words to anybody? 218 00:13:25,837 --> 00:13:30,854 He was on the phone. I stepped into the ladies' room, and when I came out, he was gone. 219 00:13:32,358 --> 00:13:34,309 We matched the phone records from the body shop. 220 00:13:34,365 --> 00:13:37,876 Teague made a call for a tow from a bar called McNulty's on Carmine Street. 221 00:13:37,942 --> 00:13:39,892 It's a few blocks away from the crime scene. 222 00:13:39,949 --> 00:13:43,301 Yeah. It's a dive. Looks like a vets' hangout. You know, flags, medals. 223 00:13:43,360 --> 00:13:47,009 What did the patrons have to say? Nothin'. Only one of 'em even remembered the kid. 224 00:13:47,071 --> 00:13:49,215 And they were a little fuzzy on the details. 225 00:13:49,278 --> 00:13:53,964 Maybe there's a reason. The lab lifted some prints from Teague's wheel rims. 226 00:13:54,027 --> 00:13:59,283 - Ronald Gibbons. Who is he? - He has one prior-- barroom brawl, Fort Bragg, North Carolina. 227 00:13:59,343 --> 00:14:02,023 - He's a vet. - I checked with the army's personnel command. 228 00:14:02,085 --> 00:14:04,570 Gibbons served five years Special Ops. 229 00:14:05,663 --> 00:14:08,148 He saying I kinked up his car? 230 00:14:08,204 --> 00:14:12,560 Well, tell him he can sue me. I mean, isn't that what makes America great? 231 00:14:12,618 --> 00:14:16,267 That's the civil side of the justice system, Ron. We deal with the criminal side. 232 00:14:16,330 --> 00:14:19,180 Oh, come on. Two detectives for what, a misdemeanor? 233 00:14:19,239 --> 00:14:21,953 For Brian Teague. You know, the traitor? 234 00:14:22,014 --> 00:14:23,964 - What are you guys talking about? - He's dead 235 00:14:24,020 --> 00:14:28,307 That turns your misdemeanor into an “A” felony. Hey, I never even saw the guy. 236 00:14:28,368 --> 00:14:31,412 So you just happen to mess up his car the night he got killed? 237 00:14:33,684 --> 00:14:35,965 Hey, “France was right." What? 238 00:14:36,025 --> 00:14:38,602 That's what the bumper sticker said-- “France was right." 239 00:14:38,667 --> 00:14:42,281 And that's why you wrecked his ride? That guy don't know what he's got. 240 00:14:42,345 --> 00:14:47,738 Doesn't appreciate what a lot of other people have sacrificed so he could put that stupid sticker on his car. 241 00:14:47,795 --> 00:14:51,045 That's a lovely story, Ron. But it won't fly. We did our homework. 242 00:14:51,105 --> 00:14:53,751 You're ex-army. Airborne, Special Forces. 243 00:14:53,814 --> 00:14:56,995 Trained in hand-to-hand combat. Meaning what? 244 00:14:57,058 --> 00:15:00,809 - Meaning Brian was killed by somebody with your particularskill set. - Yeah? 245 00:15:00,870 --> 00:15:02,980 Now let me tell you why that doesn't fly. 246 00:15:03,043 --> 00:15:05,187 The day I touched up his car? 247 00:15:05,251 --> 00:15:09,036 That night, I was 20 feet below Perry Street putting out an electrical fire. 248 00:15:10,835 --> 00:15:13,252 Ah, look, fellas, I'm in enough trouble already. 249 00:15:13,309 --> 00:15:16,786 I mean, vodka makes me a lot chattier than I ought to be, you know? 250 00:15:16,854 --> 00:15:19,739 Really? I thought it was our good looks and charming demeanor. 251 00:15:19,796 --> 00:15:22,008 Hey, look, Tina, you-you know what I think? 252 00:15:22,070 --> 00:15:25,354 I think that somebody came down pretty hard on you for talking to us. 253 00:15:25,414 --> 00:15:28,060 Listen, this is my neighborhood. 254 00:15:28,122 --> 00:15:30,471 I... I gotta live here. I mean, these are my friends. 255 00:15:30,530 --> 00:15:33,746 Well, it won't get back to them. I promise you. Oh, sure. 256 00:15:33,807 --> 00:15:38,357 Hey. You know that cute kid who came to the bar that night? He's dead. 257 00:15:38,421 --> 00:15:41,374 Somebody choked the life out of him. I know. 258 00:15:41,430 --> 00:15:43,813 We're just trying to make it right for his family. 259 00:15:43,872 --> 00:15:46,916 Look, if you know anything, please-- 260 00:15:49,723 --> 00:15:54,010 The kid comes in, asks for change for the pay phone, calls for a tow. 261 00:15:54,070 --> 00:15:56,579 I go to the ladies' room, powder my nose. 262 00:15:56,645 --> 00:15:59,997 When I come out, he's mixing it up with one of the regulars. 263 00:16:00,055 --> 00:16:02,769 - What do you mean, “mixing it up”? - Well, you know, yelling and cursing, 264 00:16:02,831 --> 00:16:04,975 saying this guy keyed his car, slashed his tires. 265 00:16:05,038 --> 00:16:08,151 Is this the guy Teague had a fight with? 266 00:16:08,215 --> 00:16:11,202 Ronnie Gibbons. Yeah. Yeah. He was there that night. 267 00:16:11,257 --> 00:16:15,545 But the kid wasn't yelling at Ronnie. He was yelling at Kenny. 268 00:16:15,605 --> 00:16:19,960 - Kenny? Kenny got a last name? - Well, I... I just know him as Kenny. 269 00:16:20,018 --> 00:16:25,309 But he usually drops by the bar around 5:00, right after he finishes his route. 270 00:16:25,369 --> 00:16:29,018 His route? Yeah. He's a mailman. 271 00:16:30,987 --> 00:16:34,738 Look, I told you. He was blocking my path, I asked him to move, 272 00:16:34,798 --> 00:16:37,911 we had a few words and the cop took him away, end of story. 273 00:16:37,975 --> 00:16:43,835 Kenny, we have a witness who was in the bar that night He saw you tangle with Teague. 274 00:16:45,499 --> 00:16:50,083 Okay, okay. He came into McNulty's, and he started in again. 275 00:16:50,147 --> 00:16:52,222 But he's the one that got in my face, I swear. 276 00:16:52,286 --> 00:16:55,536 What about? He said I trashed his car, which was bull. 277 00:16:55,597 --> 00:17:00,021 - That had to have pissed you off. - He was just talk. Smart-ass kid 278 00:17:00,078 --> 00:17:04,867 - So you let him have it, right? - Nah. He ran his mouth some more, and he left. 279 00:17:04,927 --> 00:17:07,469 And that's the last I saw of that little bastard. 280 00:17:07,534 --> 00:17:09,540 No, it wasn't. You followed him out of the bar. 281 00:17:09,608 --> 00:17:13,153 After they towed his car, you caught up with him. That was the last time you saw him. 282 00:17:13,219 --> 00:17:18,202 I know what it's like. You had a tough day so you had a few, 283 00:17:18,268 --> 00:17:21,654 and the wrong person says the wrong thing. 284 00:17:21,713 --> 00:17:24,358 You know, juries go easy on a guy like you, Kenny. 285 00:17:24,421 --> 00:17:26,930 A working man, a veteran. 286 00:17:26,996 --> 00:17:29,812 This kid, this anti-war protestor, 287 00:17:29,871 --> 00:17:35,127 he picks a fight with you earlier that day, and now he walks into your bar. 288 00:17:39,602 --> 00:17:42,179 I think I want to see a lawyer now. 289 00:17:42,244 --> 00:17:44,752 You're gonna need one, Mr. Silva. 290 00:17:44,818 --> 00:17:50,804 The lab says the button and thread found in the victim's stomach came off the shirt of a postal worker. 291 00:17:50,871 --> 00:17:53,254 Arrest him. 292 00:17:59,598 --> 00:18:04,182 Docket number 67905-- People v. Patricio Kenneth Silva. 293 00:18:04,246 --> 00:18:06,629 The charge is murder in the second degree. 294 00:18:06,687 --> 00:18:10,107 - How does the defendant plead? - Not guilty, Your Honor. 295 00:18:10,165 --> 00:18:11,943 People's position on bail, Ms. Southerlyn? 296 00:18:12,004 --> 00:18:15,824 - $500,000 bail, Your Honor. - Mr. Chiles? 297 00:18:15,883 --> 00:18:20,467 My client has no history of violent behavior, no criminal record, unlike the man he's accused of killing. 298 00:18:20,531 --> 00:18:22,709 How about a little give, Ms. Southerlyn? 299 00:18:22,771 --> 00:18:25,016 Mr. Silva is divorced without any known dependents. 300 00:18:25,079 --> 00:18:27,085 The People consider him to be a flight risk. 301 00:18:27,151 --> 00:18:29,659 Mr. Silva is a model citizen. 302 00:18:29,727 --> 00:18:33,181 He is an immigrant who served this country with distinction, 303 00:18:33,237 --> 00:18:36,692 who wouldn't be here now if he hadn't been goaded beyond endurance by a young hothead. 304 00:18:36,749 --> 00:18:39,064 Is that an admission of guilt, counselor? 305 00:18:39,123 --> 00:18:43,581 Bail is set at $500,000. Next. 306 00:18:45,142 --> 00:18:48,996 It sounds to me like Chiles is exploring the idea of a self-defense claim. 307 00:18:49,054 --> 00:18:52,235 A trained soldier against a student activist? Who's going to buy that? 308 00:18:52,297 --> 00:18:57,017 Well, it's not as far-fetched as you think. Silva's got a Bronze Star to go along with a spotless record. 309 00:18:57,079 --> 00:19:00,067 And Teague has a rap sheet and a history of provoking people. 310 00:19:00,122 --> 00:19:05,446 He challenged a cop on the street, took on Silva on his own turf. He was combative, to say the least. 311 00:19:05,505 --> 00:19:09,485 Let's find out if the victim's as much of an agitator as the defense will claim. 312 00:19:12,628 --> 00:19:15,136 I'm not saying Brian was a shrinking violet. 313 00:19:15,202 --> 00:19:17,152 You know, he knew how to stand up for himself. 314 00:19:17,209 --> 00:19:22,533 But that night in the bar wasn't the first time that Silva attacked Brian. 315 00:19:22,592 --> 00:19:24,975 They got into a fight earlier that day. 316 00:19:25,033 --> 00:19:28,317 A few months ago at a community board meeting. I thought you knew. 317 00:19:28,377 --> 00:19:34,033 No, I didn't. What happened? Silva was pushing the community board to convince the city council... 318 00:19:34,096 --> 00:19:38,383 they rename a street in the memory of a soldier who was killed in Afghanistan. 319 00:19:38,442 --> 00:19:42,797 Brian was dead set against it. Said it glorified an unjust war. 320 00:19:42,857 --> 00:19:45,000 Silva went ballistic. 321 00:19:45,063 --> 00:19:48,484 Told Brian he was lucky to be living in the good old U.S.A. 322 00:19:48,541 --> 00:19:52,258 Why was Silva so gung ho about renaming the street? Was this soldier someone he knew? 323 00:19:52,319 --> 00:19:54,325 His son. 324 00:19:55,830 --> 00:19:59,342 Teague wasn't even here about renaming the street. He was just dropping off an anti-war petition. 325 00:19:59,408 --> 00:20:02,419 What happened? He got up and made a speech. It was incredibly insensitive. 326 00:20:02,485 --> 00:20:04,902 He didn't understand the situation. Which was? 327 00:20:04,959 --> 00:20:08,413 We gave Silva the floor, let all his friends speak. 328 00:20:08,470 --> 00:20:12,015 Figured, in a way, it could be our own community tribute to his son. 329 00:20:12,081 --> 00:20:15,936 As for renaming the street, practically speaking, that was never gonna happen. 330 00:20:15,994 --> 00:20:18,309 City bureaucracy? To begin with. 331 00:20:18,368 --> 00:20:23,853 And then there are just so many people to pay tribute to, the cops and firefighters from 9/11 at the top of the list. 332 00:20:23,919 --> 00:20:26,633 I figured the least we could do was to hear a grieving father out. 333 00:20:26,694 --> 00:20:29,442 Everybody gets to say what a good boy this Silva kid was, 334 00:20:29,503 --> 00:20:31,487 how much he deserves to have a street named after him? 335 00:20:31,542 --> 00:20:34,792 But then this Teague kid gets up and starts condemning the war. 336 00:20:34,853 --> 00:20:38,069 People were mortified. It was so inappropriate. What did Silva do? 337 00:20:38,130 --> 00:20:40,080 I thought he was gonna have an aneurysm. 338 00:20:40,137 --> 00:20:43,991 He thinks this kid is attacking the soldiers and spitting on the memory of his dead son. 339 00:20:44,049 --> 00:20:47,367 He wasn't? No. He kept saying he wanted to bring the troops home. 340 00:20:47,426 --> 00:20:50,140 That they shouldn't have to die for oil, that kind of stuff. 341 00:20:50,201 --> 00:20:55,252 Which only made matters worse. Sure. What Kenny heard was this guy saying his son died for nothing. 342 00:20:55,317 --> 00:20:59,205 Made him crazy. It got ugly. We had to separate them. 343 00:20:59,263 --> 00:21:01,474 I was just glad his wife was there to calm him down. 344 00:21:01,536 --> 00:21:03,680 His wife? Ex-wife. 345 00:21:03,744 --> 00:21:07,826 She spoke, too, about their son. It was heartbreaking. 346 00:21:12,003 --> 00:21:15,514 Matt was two weeks shy of coming home, 347 00:21:15,581 --> 00:21:19,537 and his helicopter gets shot down by a Taliban missile. 348 00:21:19,593 --> 00:21:24,553 Kenny had his heart set on having a street named after our son in our neighborhood. 349 00:21:24,609 --> 00:21:29,090 The board president said it was a long shot at best. I know. 350 00:21:29,157 --> 00:21:32,668 But I encouraged Kenny anyway. 351 00:21:32,734 --> 00:21:35,311 He's been a shell of himself since Matt died. 352 00:21:35,376 --> 00:21:38,592 I thought it would give him something to live for. 353 00:21:38,653 --> 00:21:41,834 He's been depressed? We both have. 354 00:21:41,897 --> 00:21:44,611 Our only child. 355 00:21:44,672 --> 00:21:47,682 You have no idea how much it hurts. 356 00:21:49,955 --> 00:21:51,906 I'm sure I don't. 357 00:21:51,962 --> 00:21:55,212 But Kenny even more than me. 358 00:21:55,273 --> 00:21:57,416 They were so close. 359 00:21:58,783 --> 00:22:00,859 Fathers and sons, you know? 360 00:22:02,161 --> 00:22:07,383 I knew it wasn't gonna happen. But your ex-husband still blamed Brian Teague. 361 00:22:07,444 --> 00:22:10,921 Twenty people spoke for us at that meeting. 362 00:22:10,989 --> 00:22:15,880 And that kid, he gets up and he starts in. 363 00:22:15,937 --> 00:22:20,692 A rich kid who's had everything in his life handed to him, 364 00:22:20,752 --> 00:22:25,769 and he calls my baby a murderer? 365 00:22:25,835 --> 00:22:29,484 I can certainly understand why your ex-husband would be bitter. 366 00:22:31,252 --> 00:22:35,836 I think Kenny would have gotten over it. It was Ronnie who wouldn't let it go. 367 00:22:35,900 --> 00:22:40,689 - Ronnie? - Kenny's best friend. Ronnie Gibbons. 368 00:22:42,454 --> 00:22:46,605 My client's already pleaded to criminal mischief and paid his fine. What more do you want? 369 00:22:46,667 --> 00:22:48,743 I told the detectives everything I know. 370 00:22:48,808 --> 00:22:50,985 You never mentioned your friendship with Kenneth Silva, 371 00:22:51,047 --> 00:22:56,064 the man charged with killing the driver of the car you vandalized on the day he was murdered 372 00:22:56,130 --> 00:22:59,311 You lied to the police about your whereabouts that night. 373 00:22:59,374 --> 00:23:01,917 And your fingerprints are on the victim's car. 374 00:23:01,982 --> 00:23:06,702 He cooperates? Full immunity for his testimony against Mr. Silva. 375 00:23:07,767 --> 00:23:09,752 I can't rat out a friend. 376 00:23:09,807 --> 00:23:14,094 Mr. Gibbons, you're facing an indictment for murder if you don't. 377 00:23:15,157 --> 00:23:18,304 Ron, you need to consider this. 378 00:23:25,322 --> 00:23:29,677 All right, I keyed the kid's car, okay? I slashed his tires. 379 00:23:29,737 --> 00:23:31,721 Stupid, but I was pissed. 380 00:23:31,776 --> 00:23:34,524 How did you know it was his car? Kenny pointed it out. 381 00:23:34,585 --> 00:23:38,667 Said he'd seen the kid pull in and park earlier that day. 382 00:23:38,731 --> 00:23:43,086 And then, when-when Teague walked into Mac's, we couldn't believe it. 383 00:23:43,145 --> 00:23:46,224 It was like wavin' a red flag in front of a bull. 384 00:23:46,288 --> 00:23:48,796 You'd both been drinking. You were angry. 385 00:23:48,863 --> 00:23:51,040 Guys like Brian Teague make me sick. 386 00:23:51,103 --> 00:23:54,216 Carrying picket signs in the back of their daddy's S.U.V., 387 00:23:54,280 --> 00:23:56,892 calling us murderers, ragging on the military. 388 00:23:56,955 --> 00:23:59,908 Brian Teague called you and Mr. Silva murderers? 389 00:24:00,968 --> 00:24:04,252 Not in so many words. So that isn't what he said? 390 00:24:04,312 --> 00:24:06,262 I knew what he meant. 391 00:24:06,318 --> 00:24:09,499 What happened after Brian Teague left the bar? 392 00:24:11,835 --> 00:24:14,914 Kenny had another drink, thought it over... 393 00:24:14,979 --> 00:24:18,627 and decided he needed to have another word with the kid. 394 00:24:18,690 --> 00:24:20,674 He went after him? 395 00:24:21,733 --> 00:24:23,739 By the time I found him, it was over. 396 00:24:25,311 --> 00:24:29,199 Kenny was just sitting there on the curb crying his eyes out. 397 00:24:29,256 --> 00:24:31,171 Did he tell you what happened? 398 00:24:32,299 --> 00:24:34,910 All he kept saying was, 399 00:24:34,975 --> 00:24:38,155 “What have I done? What have I done?" 400 00:24:44,304 --> 00:24:49,822 Oh. Thank you. Your client's self-defense claim just went up in smoke, counselor. 401 00:24:49,888 --> 00:24:53,365 We've got him-- lock, stock and eyewitness. 402 00:24:54,369 --> 00:24:58,725 Teague walked into that bar and tried to provoke my client-- eh, baited him. 403 00:24:58,783 --> 00:25:03,640 An ongoing grudge, an escalating pattern of intent to harm Brian Teague... 404 00:25:03,698 --> 00:25:06,344 and the use of a lethal choke hold. 405 00:25:06,406 --> 00:25:08,390 Adds up to murder two to me. 406 00:25:08,446 --> 00:25:10,624 New math-- he'll take man one. 407 00:25:10,686 --> 00:25:12,636 Not interested. 408 00:25:12,694 --> 00:25:15,738 Well, you're forcing my hand then, Jack. 409 00:25:15,802 --> 00:25:18,687 We'll be asserting an E.E.D. defense at trial. 410 00:25:18,746 --> 00:25:20,696 Come on. Extreme emotional disturbance? 411 00:25:20,752 --> 00:25:24,297 Teague got right up into Kenny Silva's face and trashed everything that that man believes in, 412 00:25:24,363 --> 00:25:27,681 everything that his son sacrificed his life for. 413 00:25:27,740 --> 00:25:31,856 If he had attacked him in the bar in the heat of the argument, maybe. 414 00:25:31,920 --> 00:25:34,600 But your client had time to think it over, have another drink. 415 00:25:34,662 --> 00:25:37,045 Instead of staying on his barstool or going home, 416 00:25:37,103 --> 00:25:41,960 he chose to follow the victim outside and reignite the altercation. 417 00:25:42,018 --> 00:25:45,941 He snapped. Kenny Silva didn't snap. He made a choice. 418 00:25:48,973 --> 00:25:53,398 You can't imagine the father reacting out of grief and anger, Jack? 419 00:25:53,454 --> 00:25:55,404 Why not drop it down to manslaughter? 420 00:25:55,460 --> 00:25:59,508 There's no extreme emotional defense here. Silva pursued Brian Teague, Arthur 421 00:25:59,573 --> 00:26:02,321 He made it murder two when he walked out of that bar... 422 00:26:02,382 --> 00:26:05,130 a full 20 minutes after Brian Teague left. 423 00:26:05,191 --> 00:26:07,677 Oh, still, a sleeper hold. 424 00:26:07,733 --> 00:26:11,051 Way I understand it, it's meant to subdue someone, not necessarily to kill them. 425 00:26:11,110 --> 00:26:13,493 I mean, things backfired. A good man went too far. 426 00:26:13,551 --> 00:26:17,804 Believe me, I'm not thrilled at having to prosecute a decorated veteran. 427 00:26:17,864 --> 00:26:20,510 Well, Chiles will make murder two a tough sell to a jury. 428 00:26:20,573 --> 00:26:22,523 What are you worried about, Arthur? 429 00:26:22,580 --> 00:26:26,559 Man one will be included in the final charges, if the judge buys the E.E.D. 430 00:26:26,625 --> 00:26:28,632 So it's win-win? 431 00:26:30,002 --> 00:26:32,009 And you're set on murder two? 432 00:26:32,076 --> 00:26:34,756 We have to draw the line somewhere. 433 00:26:34,818 --> 00:26:38,034 We do-- every time we indict someone. 434 00:26:42,475 --> 00:26:45,486 Brian didn't even know who Matt Silva was. 435 00:26:45,552 --> 00:26:50,945 He just-- he just felt that naming a street after a soldier, any soldier, 436 00:26:51,002 --> 00:26:53,749 was-was endorsing a completely unjust war. 437 00:26:53,811 --> 00:26:55,761 You were at the community board meeting. 438 00:26:55,817 --> 00:27:01,438 Did Brian Teague ever verbally assault Mr. Silva or his son? No. 439 00:27:01,502 --> 00:27:05,117 Did he ever mention Mr. Silva or his son by name? 440 00:27:05,180 --> 00:27:11,041 No! Did he ever say anything derogatory about the men and women in our armed forces? 441 00:27:11,099 --> 00:27:13,414 No. 442 00:27:13,473 --> 00:27:15,479 Nothing further. 443 00:27:17,418 --> 00:27:21,375 Brian was against the war, not soldiers. 444 00:27:21,431 --> 00:27:24,281 Exactly. I mean, you hear that a lot. 445 00:27:24,340 --> 00:27:26,791 That's what people say. That's the truth. 446 00:27:26,848 --> 00:27:31,238 Is it? Or is it just what we've learned to say after Vietnam? 447 00:27:32,298 --> 00:27:34,213 I was born after Vietnam. 448 00:27:34,271 --> 00:27:37,749 Uh-huh. Do you know anyone in the military? 449 00:27:37,816 --> 00:27:39,766 No. Did Brian? 450 00:27:39,822 --> 00:27:43,643 - Not that I know of. - The all-volunteer army. 451 00:27:43,701 --> 00:27:47,782 People like you and Brian don't have to serve in the military these days, do you? 452 00:27:47,848 --> 00:27:51,702 - Objection. Relevance? - I'll allow it. But let's not dwell on this, counselor. 453 00:27:51,760 --> 00:27:54,372 You don't have to serve. 454 00:27:54,435 --> 00:27:57,114 We wouldn't, even if we did. We're pacifists. 455 00:27:57,177 --> 00:28:00,323 Ah. Easy to be when you have other options. 456 00:28:00,386 --> 00:28:03,671 Your Honor? Withdrawn. Six months ago, Brian Teague, 457 00:28:03,731 --> 00:28:07,687 this committed pacifist, was charged with assault. 458 00:28:07,743 --> 00:28:12,099 The W.T.O. rally? No, the security guard attacked him first. Brian was just defending himself. 459 00:28:12,157 --> 00:28:14,232 Four months ago, resisting arrest. 460 00:28:14,297 --> 00:28:17,878 - For swearing at a police officer. - And would it be flair to say, Miss Khemlani, 461 00:28:17,942 --> 00:28:20,519 that Brian Teague was not only a pacifist, 462 00:28:20,584 --> 00:28:24,803 but he was a militant, dedicated activist? 463 00:28:24,864 --> 00:28:27,441 Brian was just trying to have an effect. 464 00:28:27,506 --> 00:28:31,759 And he was good at pushing people's buttons, getting them all riled up. 465 00:28:31,819 --> 00:28:35,798 Sometimes you just have to make a lot of noise to get people to listen. 466 00:28:35,865 --> 00:28:40,985 Did Brian Teague seriously think that Kenneth Silva would listen to him... 467 00:28:41,048 --> 00:28:43,397 after he desecrated the legacy of his son? 468 00:28:46,899 --> 00:28:51,084 Someone said "What's the matter, kid, car trouble?” 469 00:28:51,146 --> 00:28:54,897 They were all kinda laughin' at him, snickerin', you know? 470 00:28:54,959 --> 00:28:57,102 Well, that's when he got really mad. 471 00:28:57,165 --> 00:29:01,054 Called Kenny a coward and gave him the finger as he stomped out. 472 00:29:01,111 --> 00:29:04,189 How did Kenny Silva react? Did he follow him out of the bar? 473 00:29:04,255 --> 00:29:07,903 He, uh, cursed him, had another drink. 474 00:29:07,966 --> 00:29:11,888 I see. When did Kenny Silva leave the bar that night? 475 00:29:11,945 --> 00:29:14,932 About 15, 20 minutes later. 476 00:29:14,988 --> 00:29:16,994 Did he say why he was leaving? 477 00:29:19,134 --> 00:29:24,117 He said he was gonna go straighten him out. 478 00:29:24,183 --> 00:29:26,795 Brian Teague? Yeah. 479 00:29:37,325 --> 00:29:39,331 You know Kenny Silva. 480 00:29:40,568 --> 00:29:45,358 How upset was he after his encounter with Brian Teague? 481 00:29:45,417 --> 00:29:49,431 Oh, I thought he was gonna have a heart attack. It was awful. 482 00:29:49,497 --> 00:29:52,541 Did anyone try to calm him down? Well, sure. We all did. 483 00:29:52,606 --> 00:29:55,719 But he just kept getting more and more agitated 484 00:29:55,783 --> 00:30:00,435 When he left, how did he seem? Calm? Under control? 485 00:30:00,497 --> 00:30:03,074 Hardly. 486 00:30:03,139 --> 00:30:08,065 He was shaking all over he was so upset. I mean, the guy was a wreck. 487 00:30:08,122 --> 00:30:10,128 Thank you. 488 00:30:12,268 --> 00:30:15,985 Matt was 10 when Kenny got sent to the Gulf. 489 00:30:16,047 --> 00:30:20,870 He kept a toy soldier by his bed. He watched the news every night. 490 00:30:20,928 --> 00:30:26,048 He was so proud of his dad. He wanted to be just like him. 491 00:30:26,111 --> 00:30:29,966 Did your husband change after the death of your son? 492 00:30:30,024 --> 00:30:33,444 He got very depressed, withdrawn. 493 00:30:33,501 --> 00:30:36,512 He wasn't the man I married 494 00:30:36,578 --> 00:30:38,789 Is that why you divorced him? 495 00:30:41,928 --> 00:30:46,387 We fought all the time... over Matt. 496 00:30:47,378 --> 00:30:49,384 Take your time. 497 00:30:50,922 --> 00:30:52,929 Thank you. 498 00:30:53,999 --> 00:30:57,385 I didn't want my son to enlist. 499 00:30:57,443 --> 00:31:00,864 He got good grades. He played sports. 500 00:31:00,921 --> 00:31:05,641 He could've been the first one in our family to go to college. 501 00:31:07,275 --> 00:31:11,927 - What did his father want? - Kenny wanted him to go. 502 00:31:11,989 --> 00:31:15,443 He said the army would pay for college. 503 00:31:15,500 --> 00:31:18,852 I told him he could get a scholarship. 504 00:31:18,911 --> 00:31:21,522 What did Matt want? 505 00:31:22,589 --> 00:31:27,709 To be a soldier, like his dad. 506 00:31:29,510 --> 00:31:33,832 Did you blame your husband for Matt's death? 507 00:31:36,466 --> 00:31:39,750 But not as much as he blamed himself. 508 00:31:41,047 --> 00:31:43,157 Thank you, Mrs. Silva. 509 00:31:52,349 --> 00:31:54,892 Losing a child. 510 00:31:54,957 --> 00:31:56,907 Nothing harder. 511 00:31:56,963 --> 00:31:59,506 No. 512 00:31:59,572 --> 00:32:02,148 Your ex-husband was depressed Yes. 513 00:32:02,214 --> 00:32:04,665 Very. Understandable. 514 00:32:04,722 --> 00:32:07,801 Did he start drinking more heavily? No. 515 00:32:07,865 --> 00:32:09,974 Using drugs? No. 516 00:32:11,509 --> 00:32:14,189 Did he ever strike you? 517 00:32:14,251 --> 00:32:18,174 Use violence against you? Lose his temper? 518 00:32:18,231 --> 00:32:21,047 Kenny? No. 519 00:32:21,106 --> 00:32:23,786 Did he lose his job? Oh, no. 520 00:32:23,848 --> 00:32:26,664 Kenny went to work every day. 521 00:32:26,724 --> 00:32:29,974 He worked even harder. 522 00:32:30,034 --> 00:32:32,953 Holidays, overtime. 523 00:32:34,247 --> 00:32:36,391 He threw himself into his work? 524 00:32:37,457 --> 00:32:40,069 Yes. He coped 525 00:32:41,136 --> 00:32:43,177 Of course. 526 00:32:43,243 --> 00:32:45,888 Sounds like a strong man. 527 00:32:45,951 --> 00:32:48,197 Yes. 528 00:32:48,258 --> 00:32:50,209 A hero. 529 00:32:50,265 --> 00:32:52,876 He is. 530 00:32:56,451 --> 00:32:58,868 I came with nothing to this country. 531 00:32:58,925 --> 00:33:03,110 No money. No education. I didn't know anybody. 532 00:33:04,108 --> 00:33:06,115 I didn't even know how to speak English. 533 00:33:07,920 --> 00:33:10,496 The army gave me everything, 534 00:33:10,562 --> 00:33:12,638 an education, a career. 535 00:33:14,307 --> 00:33:19,290 I love this country, and I raised my son to love it too. 536 00:33:21,663 --> 00:33:23,669 And when he died... 537 00:33:26,211 --> 00:33:29,597 We've heard testimony from your therapist that you were depressed. 538 00:33:29,655 --> 00:33:34,375 He put me on some pills. Uh, serotonin something. 539 00:33:34,436 --> 00:33:38,518 Did they help? I stopped taking them. I didn't like the way they made me feel. 540 00:33:38,583 --> 00:33:40,966 I just didn't feel like myself. 541 00:33:41,025 --> 00:33:43,910 Why did you leave the bar that night? 542 00:33:47,044 --> 00:33:49,791 I wish to God I hadn't. But you did 543 00:33:49,852 --> 00:33:53,774 Did you intend to hurt Brian Teague? 544 00:33:56,640 --> 00:34:00,756 I... I just wanted to tell him something, but he wouldn't listen. 545 00:34:00,820 --> 00:34:02,770 He just kept saying. 546 00:34:02,826 --> 00:34:07,718 “You're thugs. You're animals. You and your son." 547 00:34:15,265 --> 00:34:19,484 That night was not the first time you and Brian Teague had words. 548 00:34:20,481 --> 00:34:22,431 No. 549 00:34:22,488 --> 00:34:27,003 The difference being that this time, outside the bar, 550 00:34:27,068 --> 00:34:29,246 you had him all to yourself. 551 00:34:31,349 --> 00:34:34,803 I did not plan it like that. It just happened. 552 00:34:34,860 --> 00:34:39,285 It just happened that you waited 20 minutes to go after him? 553 00:34:39,341 --> 00:34:41,291 It just happened... 554 00:34:41,347 --> 00:34:44,893 that you waited for the tow truck to leave? 555 00:34:44,958 --> 00:34:48,139 It just happened that you grabbed him around the throat? 556 00:34:48,202 --> 00:34:53,595 I was talking to him, and he turned his back on me and started to walk away. 557 00:34:53,652 --> 00:34:57,609 You got him in a lethal choke hold. He passed out and died within seconds. 558 00:34:57,665 --> 00:34:59,615 I didn't mean to. 559 00:34:59,671 --> 00:35:01,883 It just happened so fast. I... 560 00:35:05,557 --> 00:35:09,537 I just wanted him to say he was sorry for what he said about my son. 561 00:35:15,086 --> 00:35:17,093 Nothing further. 562 00:35:21,005 --> 00:35:23,012 No redirect. The defense rests, Your Honor. 563 00:35:23,079 --> 00:35:25,029 The witness is excused. 564 00:35:25,085 --> 00:35:27,434 May we approach, Your Honor? Step up. 565 00:35:32,040 --> 00:35:37,525 For the record, Your Honor, there is insufficient evidence of extreme emotional disturbance. 566 00:35:37,591 --> 00:35:39,768 You can't let the lesser charge go to the jury. 567 00:35:39,831 --> 00:35:43,183 Contrary to my colleague's narrow reading of the law, we think we've made our case. 568 00:35:43,242 --> 00:35:48,099 We request that you instruct the jury to consider the affirmative defense of E.E.D... 569 00:35:48,157 --> 00:35:52,479 and give them the option of finding my client guilty of the lesser manslaughter charge. 570 00:35:52,538 --> 00:35:54,488 I'm inclined to agree with you, counselor. 571 00:35:54,544 --> 00:35:57,999 I think there's been enough testimony for the jury to consider E.E.D. 572 00:35:58,055 --> 00:36:00,164 Your Honor... We'll adjourn for the day. 573 00:36:00,228 --> 00:36:03,182 Summations first thing tomorrow. Court is adjourned. 574 00:36:03,238 --> 00:36:05,416 Thank you, Your Honor. 575 00:36:11,063 --> 00:36:15,178 If Matt Silva had lived, he'd be 23 years old, 576 00:36:16,780 --> 00:36:20,064 the same age as Brian Teague. 577 00:36:21,227 --> 00:36:25,914 But Brian Teague was nothing like Matt Silva. 578 00:36:25,976 --> 00:36:31,802 Brian Teague knew nothing of service and sacrifice. 579 00:36:31,861 --> 00:36:35,373 Brian Teague let others bear that burden for him, 580 00:36:35,439 --> 00:36:40,992 and then he would insult and belittle them for it. 581 00:36:42,093 --> 00:36:44,043 That night. 582 00:36:44,100 --> 00:36:46,106 Kenny Silva was virtually beside himself... 583 00:36:46,173 --> 00:36:50,825 with grief and loss and anger. 584 00:36:50,888 --> 00:36:54,936 And he lashed out at his tormentor. 585 00:36:55,937 --> 00:37:00,988 This was not some heinous, premeditated murder. 586 00:37:01,053 --> 00:37:06,013 This was a momentary lapse by a grieving father, 587 00:37:06,069 --> 00:37:08,110 a decorated war hero, 588 00:37:08,175 --> 00:37:11,356 a grateful citizen of his adopted country... 589 00:37:11,419 --> 00:37:14,498 who is counting on you, his fellow citizens, 590 00:37:14,562 --> 00:37:17,549 to show him that our system is not only just, 591 00:37:19,545 --> 00:37:21,586 but merciful. 592 00:37:29,977 --> 00:37:32,691 Mr. Silva's lawyer... 593 00:37:32,753 --> 00:37:38,648 wants you to believe that his client lost control that night. 594 00:37:38,705 --> 00:37:41,487 The evidence does not bear him out. 595 00:37:42,550 --> 00:37:48,069 Mr. Silva's actions were too deliberate, too controlled. 596 00:37:48,134 --> 00:37:53,721 The very qualities that made him a good soldier put to murderous use. 597 00:37:53,785 --> 00:37:56,134 In fact, 598 00:37:56,193 --> 00:37:59,705 Kenneth Silva used his military training... 599 00:37:59,771 --> 00:38:03,956 to strangle to death a young man he thought had insulted him. 600 00:38:04,017 --> 00:38:06,093 The truth of the matter is... 601 00:38:06,158 --> 00:38:10,377 that Kenneth Silva bore a grudge against Brian Teague. 602 00:38:10,438 --> 00:38:13,220 And it was that grudge, 603 00:38:13,280 --> 00:38:19,175 not his despair, not his grief, not his anger, 604 00:38:19,232 --> 00:38:23,519 that made him put down his beer and make the hard, 605 00:38:23,579 --> 00:38:29,372 cold, brutal decision to walk out of that bar... 606 00:38:29,431 --> 00:38:32,851 and confront Brian Teague... 607 00:38:32,908 --> 00:38:35,223 out of the light, 608 00:38:35,282 --> 00:38:37,324 away from witnesses, 609 00:38:40,131 --> 00:38:44,178 where Brian Teague was alone... 610 00:38:47,287 --> 00:38:49,396 and defenseless. 611 00:39:14,205 --> 00:39:16,416 Ladies and gentlemen, have you reached a verdict? 612 00:39:16,479 --> 00:39:18,760 We have. 613 00:39:22,197 --> 00:39:26,211 On the first count of the indictment, murder in the second degree, how do you find? 614 00:39:26,276 --> 00:39:29,890 We find the defendant, Kenneth Silva, not guilty. 615 00:39:31,927 --> 00:39:36,852 On the second count of the indictment, manslaughter in the first degree, how do you find? 616 00:39:36,909 --> 00:39:41,025 We cannot reach a verdict, Your Honor. We've tried. 617 00:39:41,089 --> 00:39:43,473 Chambers, Your Honor, please. 618 00:39:51,957 --> 00:39:53,998 The defendant's admitted the underlying acts. 619 00:39:54,063 --> 00:39:56,743 The jury should be instructed to deliberate further, Your Honor. 620 00:39:56,805 --> 00:39:59,986 The jury cannot reach a verdict, Your Honor. It's time to declare a mistrial 621 00:40:00,049 --> 00:40:02,055 I'm not prepared to do that yet, counselor. 622 00:40:02,122 --> 00:40:04,938 I'll enter the acquittal on the murder and give them an Allen charge. 623 00:40:04,998 --> 00:40:07,917 That's inappropriate, Your Honor. Don't get greedy, Mr. Chiles. 624 00:40:07,974 --> 00:40:10,186 You already have your acquittal on murder two. 625 00:40:12,254 --> 00:40:16,439 Members of the jury, I'm going to ask that you continue your deliberations. 626 00:40:16,500 --> 00:40:19,819 It is your duty to agree upon a verdict if you can. 627 00:40:19,878 --> 00:40:25,202 Of course, no juror should reel compelled to abandon any conscientiously held beliefs. 628 00:40:25,261 --> 00:40:27,246 On the other hand, 629 00:40:27,302 --> 00:40:31,817 if a substantial majority of your number are in favor of a conviction, 630 00:40:31,882 --> 00:40:36,774 those of you who disagree should reconsider whether your doubt is, in fact, 631 00:40:36,831 --> 00:40:39,750 a reasonable one. 632 00:40:43,518 --> 00:40:45,469 I thought the Allen charge would break the stalemate. 633 00:40:45,525 --> 00:40:48,410 It must be some hard-core deadlock. 634 00:40:48,468 --> 00:40:51,513 They're polarized just like everyone else in the country. 635 00:40:51,578 --> 00:40:55,591 Chiles has them debating the war instead of the murder of Brian Teague. 636 00:40:55,656 --> 00:40:59,511 Six hours. Another two and it'll be tune in tomorrow. 637 00:40:59,569 --> 00:41:03,525 I wish I knew what they were stuck on. Maybe I'll go nose around. 638 00:41:05,187 --> 00:41:07,296 Haven't heard a word. Sorry. 639 00:41:09,802 --> 00:41:12,185 Trying to find out which way the wind is blowing? Not at all. 640 00:41:12,242 --> 00:41:15,492 Me too. Worried? Not particularly. 641 00:41:15,553 --> 00:41:18,096 I'm thinking hung jury. We'll retry the case. 642 00:41:18,161 --> 00:41:22,174 Maybe even acquittal. Jury nullification? You're dreaming. 643 00:41:23,746 --> 00:41:25,752 The hardheads, they'll come around. 644 00:41:27,089 --> 00:41:29,871 Indeed they will. My way. Mine. 645 00:41:39,796 --> 00:41:42,510 - Have you reached a verdict? - No, Your Honor. 646 00:41:42,571 --> 00:41:47,257 - Are you sure that no further deliberation would break the logjam? - We're deadlocked, Your Honor. 647 00:41:48,490 --> 00:41:51,500 I have no choice but to declare a mistrial 648 00:41:51,566 --> 00:41:54,953 The jury is dismissed 649 00:42:05,041 --> 00:42:08,587 No surprise the jury hung. We'll try him again. 650 00:42:08,653 --> 00:42:13,169 Your problem was too many blue-collar jurors. They identified with Kenneth Silva. 651 00:42:13,234 --> 00:42:15,184 How do you know who the holdouts were? 652 00:42:15,240 --> 00:42:18,991 The people who escape jury duty? Same people who escape active duty.