1 00:00:01,627 --> 00:00:03,576 In the criminal justice system, 2 00:00:03,632 --> 00:00:07,607 the people are represented by two separate yet equally important groups- 3 00:00:07,674 --> 00:00:09,623 the police who investigate crime, 4 00:00:09,679 --> 00:00:11,992 and the district attorneys, who prosecute the offenders. 5 00:00:12,051 --> 00:00:13,999 These are their stories. 6 00:00:14,990 --> 00:00:17,496 It's like she expects me to read her mind, for crying out loud 7 00:00:17,562 --> 00:00:19,545 Well, you're supposed to do it without her having to ask. 8 00:00:19,601 --> 00:00:21,583 You know, it shows you're considerate or something. 9 00:00:21,638 --> 00:00:25,021 Shows you're psychic. And by some miracle, I figure out what she wants, 10 00:00:25,079 --> 00:00:27,358 two seconds later she changes her mind. 11 00:00:27,418 --> 00:00:29,697 Take last night. Where do we eat? 12 00:00:29,756 --> 00:00:33,230 She says, “You choose. I don't care." So I say, “Patsy's.“ 13 00:00:33,297 --> 00:00:37,444 And suddenly she does care and says, “Anyplace but Patsy's." 14 00:00:37,506 --> 00:00:39,454 Am I boring you? 15 00:00:39,510 --> 00:00:42,358 That guy. What about him? 16 00:00:42,417 --> 00:00:44,365 The weenie-waver Sarge was talking about? 17 00:00:44,421 --> 00:00:48,431 Likes to flash the old Chinese ladies while they're doing their morning tai chi Jackie Chan. 18 00:00:48,497 --> 00:00:52,472 Could be. Hey, pal, talk to you? 19 00:00:52,539 --> 00:00:56,389 Hey, you, stop! Police.' 20 00:00:56,447 --> 00:00:58,487 Stop! Get back here! 21 00:01:00,623 --> 00:01:03,232 Police! Stop! 22 00:01:03,295 --> 00:01:05,938 Hey, get back here! 23 00:01:07,304 --> 00:01:09,252 Whoa! What's the matter with you? 24 00:01:09,308 --> 00:01:11,257 Why'd you run, dirtball, huh? You was chasing me! 25 00:01:11,313 --> 00:01:13,454 Stay down! C-pop to Central 26 00:01:13,518 --> 00:01:15,831 We have an apparent D.O.A. at Roosevelt Park. 27 00:01:15,890 --> 00:01:19,239 I tackled him, Richie, not killed him. Not him. Look. 28 00:01:19,297 --> 00:01:22,441 10-4, C-pop. Bus is on the way 29 00:01:24,943 --> 00:01:26,947 White male, mid-20s, looks like he was homeless. 30 00:01:27,014 --> 00:01:28,963 Sure he's not just sleeping it off? 31 00:01:29,019 --> 00:01:31,901 Nobody smells this bad. I don't care how many showers they miss. 32 00:01:31,958 --> 00:01:34,601 Found these in his pockets. A locker key and some loose change. 33 00:01:34,664 --> 00:01:36,647 Thanks. 34 00:01:36,702 --> 00:01:39,983 What, are you burning the midnight oil? Man, I was catching up on my DD-5's. 35 00:01:40,043 --> 00:01:41,991 I didn't get home till almost 2:00 in the morning. 36 00:01:42,047 --> 00:01:44,587 Plus I think I'm coming down with whatever's going around. 37 00:01:44,652 --> 00:01:47,363 Ms. Malchiodi, to what do we owe the pleasure? 38 00:01:47,425 --> 00:01:51,207 Facial contusions, broken bones, two days' worth of decomp. 39 00:01:51,267 --> 00:01:53,910 Factor in the cold weather, I'd say he's been dead a week. 40 00:01:53,973 --> 00:01:56,650 How do you get a week? Bugs don't lie. Don't know how. 41 00:01:56,712 --> 00:02:00,324 Check it out. Maggots, pupa beetles. 42 00:02:00,387 --> 00:02:03,668 Who was on the buffet line when gives you your approximate time of death. 43 00:02:03,728 --> 00:02:05,732 Plus, fluid seepage-- 44 00:02:05,798 --> 00:02:07,746 Yeah, yeah, we get the picture. 45 00:02:07,803 --> 00:02:10,309 There's no way he's been lying here a week without somebody noticing. 46 00:02:10,376 --> 00:02:13,485 He was on ice somewhere. So that means the body was dumped here... 47 00:02:13,548 --> 00:02:16,088 either late last night or early this morning. 48 00:02:16,154 --> 00:02:19,264 Damn, he took a beating. Of a vehicular variety. 49 00:02:19,328 --> 00:02:22,802 Safety glass, like from a windshield, and paint flakes. 50 00:02:22,869 --> 00:02:25,318 And he's got tib-fib breaks in both legs. 51 00:02:25,374 --> 00:02:27,414 Bumper fractures. 52 00:02:27,479 --> 00:02:30,361 And you thought you were feeling run down. 53 00:03:20,862 --> 00:03:24,473 It's definitely a hit-and-run. C.S.U. confirmed that the glass and the paint are from a car. 54 00:03:24,537 --> 00:03:27,248 Beck's working on both. I've never seen him happier. 55 00:03:27,310 --> 00:03:30,624 You know what would make me happy? A name to go with our victim. 56 00:03:30,684 --> 00:03:32,632 What-- “John Doe" doesn't do it for you? 57 00:03:32,688 --> 00:03:34,636 You ran his prints through B.C.I.? 58 00:03:34,692 --> 00:03:37,506 First thing we did. No soap. So no I.D. on the vic, 59 00:03:37,566 --> 00:03:40,847 no lead on the car, no witnesses. They can't all be gimmes. 60 00:03:40,906 --> 00:03:44,551 The vic had 26 cents and a key from one of those coin-operated lockers. 61 00:03:44,614 --> 00:03:46,562 He was homeless, but he had a locker. 62 00:03:46,618 --> 00:03:48,828 It's a safe place to keep his stuff. It's better than a shopping cart. 63 00:03:48,890 --> 00:03:52,775 After 9/11, how many public lockers are left in this city? 64 00:03:52,832 --> 00:03:57,183 I mean, uh, Port Authority, Penn Station, Grand Central took 'em all out. 65 00:03:57,242 --> 00:04:00,523 What about a gym? A place to shower and change. 66 00:04:00,582 --> 00:04:04,865 He didn't do either. I doubt if he had a membership to the New York Health and Racquet Club. 67 00:04:04,925 --> 00:04:08,878 How about the Y.M.C.A.? They're, what, Sixth and Manhattan? 68 00:04:08,934 --> 00:04:10,916 Start with those. 69 00:04:12,775 --> 00:04:15,988 You feeling lucky? Eh, I was the first three or four places. 70 00:04:16,049 --> 00:04:19,057 Now I'm starting to feel like one of the Village People. 71 00:04:23,699 --> 00:04:26,946 Next we should buy a lottery ticket. You gotta have faith. 72 00:04:27,006 --> 00:04:30,982 Yeah, especially if you're a Knicks fan. Pocketknife, wallet. 73 00:04:33,186 --> 00:04:35,533 Nope. No license. Why am I not surprised? 74 00:04:35,592 --> 00:04:38,098 Family snaps, maybe. 75 00:04:38,164 --> 00:04:41,776 Hey, I guess this is him. He must have aged 30 years on the street. 76 00:04:42,841 --> 00:04:47,990 “For Alan, Happy Birthday. Hope you like this as much as I do. Love, Gina." 77 00:04:48,052 --> 00:04:50,296 We don't know that book is his. He could have picked it up somewhere. 78 00:04:51,360 --> 00:04:55,141 Well, somebody had a doctor's appointment, two years ago last March. 79 00:04:55,201 --> 00:04:57,377 I wonder if they kept it. 80 00:05:02,150 --> 00:05:05,066 Two years I've been waiting for this knock on the door. 81 00:05:07,228 --> 00:05:09,643 That looks nice, honey. 82 00:05:09,700 --> 00:05:12,274 I just have to talk to these men for a minute. 83 00:05:14,576 --> 00:05:17,720 How'd you find me? We talked to Alan's psychiatrist. 84 00:05:17,784 --> 00:05:20,928 He told us that your brother was a schizophrenic. 85 00:05:20,991 --> 00:05:23,976 It started manifesting his first year of college- 86 00:05:24,031 --> 00:05:26,776 voices, hallucinations. 87 00:05:26,837 --> 00:05:29,844 He had what they call “suicidal ideation." 88 00:05:29,911 --> 00:05:32,622 He talked about killing himself. 89 00:05:32,683 --> 00:05:35,326 If he took his meds, he could function, but-- 90 00:05:35,389 --> 00:05:37,393 He stopped taking them? 91 00:05:37,460 --> 00:05:39,409 They made him numb. 92 00:05:39,465 --> 00:05:41,606 Our father had stomach cancer. 93 00:05:41,669 --> 00:05:45,451 We had to sit here and watch him die in stages. 94 00:05:45,511 --> 00:05:47,459 Alan said he couldn't feel anything. 95 00:05:47,515 --> 00:05:50,693 Said he wanted to be able to mourn Daddy's death, 96 00:05:50,756 --> 00:05:54,071 feel something when he said good-bye. 97 00:05:55,232 --> 00:05:59,618 After the funeral, we all went home to sit shivah. 98 00:05:59,675 --> 00:06:01,714 Alan never showed up. 99 00:06:01,780 --> 00:06:04,924 Next day, I filed a Missing Persons report. 100 00:06:04,987 --> 00:06:07,060 Nothing happened. 101 00:06:07,125 --> 00:06:09,630 So I started looking for him myself. 102 00:06:09,697 --> 00:06:12,476 Did you ever find him? I saw him once. 103 00:06:12,537 --> 00:06:15,146 A few months ago-- Tompkins Square Park. 104 00:06:17,213 --> 00:06:22,100 My little brother, looking like someone I would normally cross the street to avoid. 105 00:06:23,460 --> 00:06:26,171 I couldn't get him to come home. 106 00:06:26,233 --> 00:06:30,152 He was so far gone, I'm not even sure he recognized me. 107 00:06:31,277 --> 00:06:33,225 His name is Alan Fisher. You know him? 108 00:06:33,281 --> 00:06:35,662 What happened to him? He got hit by a car. 109 00:06:35,720 --> 00:06:39,969 Well, why didn't you say so? I got my BMW parked right over here. 110 00:06:40,029 --> 00:06:41,807 Man, that ain't funny. Sorry. 111 00:06:41,868 --> 00:06:44,248 He okay? He died. 112 00:06:44,305 --> 00:06:46,983 Oh. I know this guy. 113 00:06:48,514 --> 00:06:50,895 Got in my face a couple times at the mission. 114 00:06:50,953 --> 00:06:53,459 - Got in your face? - Yelling about this and that. 115 00:06:53,525 --> 00:06:56,840 Spitting and screaming. Scary dude. 116 00:06:56,900 --> 00:06:58,940 When was the last time you saw him? 117 00:06:59,005 --> 00:07:01,318 Hey, Beck, what's up? I don't know. Couple weeks ago, maybe. 118 00:07:01,377 --> 00:07:03,325 All right, thanks. 119 00:07:03,381 --> 00:07:07,163 Hope that's good news. It's Beck. He's got a line on the car. 120 00:07:07,223 --> 00:07:09,968 The paint's a shade of green. Uh, Pentland Green, specifically. 121 00:07:10,029 --> 00:07:12,136 But I couldn't match it to an assembly line model. 122 00:07:12,199 --> 00:07:14,375 Must be a custom job. How 'bout the glass? 123 00:07:14,438 --> 00:07:17,423 A garden-variety automotive, not unique to manufacturer. 124 00:07:17,478 --> 00:07:20,257 Thanks for bringing us all the way down here. It was a lovely trip. 125 00:07:20,318 --> 00:07:23,633 Let me finish. Now, the high-end automakers... 126 00:07:23,692 --> 00:07:27,577 use lasers to microscopically etch the VIN number on the windshield 127 00:07:27,634 --> 00:07:30,049 How cool is that? Now this is just a partial, 128 00:07:30,106 --> 00:07:33,683 but it's enough for the D.M V. to I.D. the car that it came from... 129 00:07:33,747 --> 00:07:35,854 as an Aston Martin V12 Vanquish. 130 00:07:35,919 --> 00:07:37,867 An Aston Martin who? 131 00:07:37,923 --> 00:07:40,064 Vanquish, man. James Bond's car. 132 00:07:40,128 --> 00:07:42,076 You know, in the last one, Die Another Day? 133 00:07:42,132 --> 00:07:45,345 Sorry. I haven't seen a Bond movie since Sean Connery hung up his rug. 134 00:07:45,406 --> 00:07:49,791 So if James Bond lived in New York and wanted to buy a Vanquish, where would he go? 135 00:07:51,084 --> 00:07:54,593 The V12 retails for $236,000 plus options. 136 00:07:54,660 --> 00:07:58,077 More than my last house. But that includes delivery to your door. 137 00:07:58,134 --> 00:08:01,608 And you get to pick your color just bring us a chip, and we'll match it. 138 00:08:01,674 --> 00:08:04,624 So, it's a custom paint job. No two alike. 139 00:08:04,681 --> 00:08:07,597 It's a must buy. You got an installment plan? 140 00:08:07,654 --> 00:08:09,636 My great-grandchildren can pay it off. 141 00:08:09,691 --> 00:08:13,143 Yeah, that and the national debt. At a price like that, you can't sell that many. 142 00:08:13,200 --> 00:08:16,515 We're targeting a select clientèle. You wanna give me a number? 143 00:08:16,574 --> 00:08:21,893 Mm, this model year, roughly 50 in the tristate area, 10 or 12 in Manhattan. 144 00:08:21,952 --> 00:08:25,733 I don't suppose one of them was in Pentland Green. 145 00:08:29,469 --> 00:08:32,920 Quarter of a mil is a little extravagant, I know, but trust me, 146 00:08:32,976 --> 00:08:34,958 imagewise, it's a bargain. 147 00:08:35,013 --> 00:08:37,657 And how much does image go for these days? 148 00:08:37,720 --> 00:08:39,759 My time goes out at $500 an hour. 149 00:08:39,824 --> 00:08:42,171 Damn, you must be one hell of a publicist. 150 00:08:42,230 --> 00:08:46,775 “Publicity” is just what's on the letterhead, but you know what I'm really selling. Image? 151 00:08:46,839 --> 00:08:49,949 That's why you guys are the detectives. Speaking of which-- 152 00:08:50,013 --> 00:08:52,587 I certainly haven't been in an accident. 153 00:08:52,652 --> 00:08:55,033 Do you have any idea how much I pay for collision? 154 00:08:55,091 --> 00:08:58,599 Believe me, I get the teeniest little door ding, and I wear black for a week. 155 00:08:58,665 --> 00:09:02,482 Well, I guess you won't mind us taking a look at your car. 156 00:09:02,541 --> 00:09:05,024 Be my guest. 157 00:09:05,079 --> 00:09:09,795 Parking level three. Don't forget to lock it up. 158 00:09:09,857 --> 00:09:11,805 Mama, I'm home. 159 00:09:11,861 --> 00:09:13,809 Looks in pretty good shape. 160 00:09:13,865 --> 00:09:16,941 Hurting a car this fine, that should be a felony. 161 00:09:17,941 --> 00:09:20,892 Wanna take it for a spin? Yeah, I can just see the headline: 162 00:09:20,948 --> 00:09:24,866 “Cops Take $200,000 Joyride." 163 00:09:24,922 --> 00:09:27,030 I got a home address-- Bank Street. 164 00:09:27,094 --> 00:09:29,133 That's not so far from where the body was dumped. 165 00:09:29,198 --> 00:09:31,238 Well, it's not so close either. 166 00:09:31,303 --> 00:09:33,444 There's not a scratch on this puppy. 167 00:09:33,508 --> 00:09:37,358 So how many body shops do you think are authorized to repair this puppy? 168 00:09:40,155 --> 00:09:43,903 Actually, we're the only certified Aston Martin bodyshop in the entire Northeast. 169 00:09:43,964 --> 00:09:46,607 And the only one with the Blackhawk Korek body alignment system. 170 00:09:46,670 --> 00:09:49,244 Don't leave home without it. Mock all you like. 171 00:09:49,309 --> 00:09:51,292 Sure beats entrusting your most prized possession... 172 00:09:51,347 --> 00:09:54,024 to a couple of neighborhood knuckleheads with a ball-peen hammer. 173 00:09:54,086 --> 00:09:56,365 True. No question. So this Blackhawk Korek gizmo-- 174 00:09:56,425 --> 00:09:59,170 did you use one on a Vanquish owned by a Carrie Salter? 175 00:09:59,231 --> 00:10:02,444 Carrie Salter? Sure. Yeah, she hit a deer up in Connecticut. 176 00:10:02,505 --> 00:10:06,856 We replaced the windshield pounded out the hood repainted the whole thing. 177 00:10:09,821 --> 00:10:12,668 Oh, that's convenient. Hey, it's open. I'm going in. 178 00:10:12,727 --> 00:10:15,540 Detective, was there something else? 179 00:10:15,599 --> 00:10:18,082 Well, there's a few “somethings” actually. 180 00:10:18,138 --> 00:10:20,087 I thought we covered everything. 181 00:10:20,143 --> 00:10:23,320 Well, why don't we talk about it down at the precinct? Hey, Lennie. 182 00:10:24,853 --> 00:10:26,802 That ain't motor oil. 183 00:10:26,858 --> 00:10:30,070 Well, well, well, a garage in mid-November. 184 00:10:30,132 --> 00:10:32,307 It must be, what, about 45 degrees up in here? 185 00:10:32,370 --> 00:10:35,149 A natural refrigerator. What the hell is going on? 186 00:10:35,210 --> 00:10:38,422 We'll talk about it downtown. What about my car? 187 00:10:38,483 --> 00:10:40,864 I'm gonna call a tow truck. They're gonna take it to Impound. 188 00:10:40,921 --> 00:10:42,904 Impound? A tow truck? 189 00:10:42,960 --> 00:10:45,603 Oh, don't worry. He slows down for deer. 190 00:10:47,703 --> 00:10:50,312 I was turning onto my street. 191 00:10:50,375 --> 00:10:54,727 Hey, don't I have the right not to worry about some drunken bum stumbling in front of my car? 192 00:10:54,786 --> 00:10:56,734 Scaring me half to death. 193 00:10:56,790 --> 00:11:00,173 Oh, yeah, how dare they wander into your neighborhood. 194 00:11:06,645 --> 00:11:09,424 It was an accident. 195 00:11:09,484 --> 00:11:12,935 He just-- It was late, and he just-- 196 00:11:12,991 --> 00:11:15,304 he just stepped out right in front of me. 197 00:11:15,363 --> 00:11:18,245 He just came out of nowhere, and I hit the brake, 198 00:11:18,303 --> 00:11:22,017 but he just flew into my windshield. 199 00:11:22,078 --> 00:11:25,256 And he was just hanging there like... 200 00:11:25,319 --> 00:11:28,303 half in and half out. 201 00:11:28,358 --> 00:11:34,247 I just-- I panicked, so I-- I just turned the car into the garage. 202 00:11:34,304 --> 00:11:39,384 And I don't suppose calling an ambulance for the poor bastard ever crossed your mind 203 00:11:39,449 --> 00:11:41,898 It wasn't like that. Was he still alive when you pulled in? 204 00:11:43,625 --> 00:11:46,735 He was moaning and-- 205 00:11:46,798 --> 00:11:51,218 I just-- I went inside for a few minutes to calm down because I was so scared. 206 00:11:51,275 --> 00:11:54,853 And I just-- I sat there trying to figure out what to do. 207 00:11:54,917 --> 00:11:58,368 And I could... I could hear him calling for help. 208 00:11:59,560 --> 00:12:02,134 You heard him calling for help. 209 00:12:04,237 --> 00:12:10,195 Yeah. When I went back to check on him... 210 00:12:10,250 --> 00:12:13,234 Oh, God. 211 00:12:13,290 --> 00:12:15,238 He was dead. 212 00:12:18,100 --> 00:12:20,845 Carrie, stop talking right now. 213 00:12:20,907 --> 00:12:23,287 Sanford Remz, Ms. Salter's lawyer. 214 00:12:23,345 --> 00:12:26,296 Oh, what a shame. If you'd have come in 30 seconds earlier, 215 00:12:26,352 --> 00:12:28,493 you could have heard your client's confession. 216 00:12:28,557 --> 00:12:30,539 Then I have my work cut out for me, don't I? 217 00:12:30,594 --> 00:12:34,341 In the meantime, I want Ms. Salter processed through Central Booking immediately. 218 00:12:34,402 --> 00:12:37,148 On the way, you don't say one word to her. 219 00:12:37,209 --> 00:12:40,159 Don't even ask her what her favorite color is. We already know... 220 00:12:40,215 --> 00:12:42,630 Pentland Green. 221 00:12:43,689 --> 00:12:47,369 It was dark. It was late. She was tired 222 00:12:47,431 --> 00:12:51,042 She didn't expect some deranged vagrant, who, by the way, 223 00:12:51,105 --> 00:12:56,151 had a well-documented history of suicidal tendencies, to jump out in front of her car. 224 00:12:56,216 --> 00:12:59,394 And I'm sure the four apple martinis she drank that evening... 225 00:12:59,457 --> 00:13:01,405 had no effect on her expectations. 226 00:13:01,461 --> 00:13:04,275 Fine. Suspend her license. She does some community service, 227 00:13:04,334 --> 00:13:07,181 and you get to go back to prosecuting real criminals. 228 00:13:07,240 --> 00:13:10,782 Like people who commit vehicular homicide, tamper with evidence. 229 00:13:10,849 --> 00:13:14,391 And let their fatally wounded victims die a slow death in the garage, 230 00:13:14,457 --> 00:13:16,700 while they sit in their living room and have another drink. 231 00:13:16,762 --> 00:13:18,710 See, this is what I was afraid of 232 00:13:18,766 --> 00:13:23,585 You 're twisting an unfortunate accident into an act of cold-blooded murder. 233 00:13:23,643 --> 00:13:26,490 Leaving a man to suffer and die is cold-blooded, Sandy. 234 00:13:26,549 --> 00:13:29,557 No question. But did he suffer? I really don't know. 235 00:13:29,623 --> 00:13:33,370 And neither do you, because there hasn't been an autopsy. 236 00:13:33,431 --> 00:13:35,675 But let's rectify that, shall we? 237 00:13:35,736 --> 00:13:38,652 My motion to disinter Mr. Fisher's corpse. 238 00:13:38,710 --> 00:13:40,658 You want the body? 239 00:13:40,714 --> 00:13:43,129 Well, it'd certainly be difficult for my expert... 240 00:13:43,186 --> 00:13:45,829 to conduct an independent autopsy without it. 241 00:13:50,869 --> 00:13:53,284 This was a car accident, not a suspicious death. 242 00:13:53,341 --> 00:13:58,091 Moreover, the family's Jewish. They're observant. They don't want an autopsy. 243 00:13:58,152 --> 00:14:02,070 And when necessary, religious doctrine should be trumped by the law. 244 00:14:02,127 --> 00:14:06,239 Bringing me to my next point. There's no precedent allowing a defendant... 245 00:14:06,303 --> 00:14:08,912 to conduct her own autopsy of the victim. 246 00:14:08,975 --> 00:14:12,085 Maybe not, but there's no precedent prohibiting it either. 247 00:14:12,149 --> 00:14:14,428 On the contrary, I submit an independent autopsy... 248 00:14:14,487 --> 00:14:16,560 is perfectly acceptable pretrial discovery. 249 00:14:16,625 --> 00:14:19,108 When the evidence is arguably relevant. 250 00:14:19,164 --> 00:14:21,670 You seem to forget that your client confessed. 251 00:14:21,736 --> 00:14:24,880 And you're looking to paint her as an uncaring, callous bitch, 252 00:14:24,943 --> 00:14:27,722 who allowed this poor soul to suffer. 253 00:14:27,783 --> 00:14:30,095 Well, that sounds like a pretty accurate portrait to me. 254 00:14:30,154 --> 00:14:32,296 Just what I'm talking about. And to rebut this, 255 00:14:32,360 --> 00:14:35,641 I need the opportunity to conduct an independent autopsy. 256 00:14:35,700 --> 00:14:37,979 You have the medical examiner's report. 257 00:14:38,039 --> 00:14:40,682 And the medical examiner is employed by the city. 258 00:14:40,745 --> 00:14:46,064 I'm sorry. When I said “independent autopsy," was I being too oblique? 259 00:14:46,123 --> 00:14:48,231 Has your M.E. finished her examination? 260 00:14:48,295 --> 00:14:50,402 That's the point. She's not my M.E. 261 00:14:50,465 --> 00:14:53,507 But she's done with the body, right? 262 00:14:53,572 --> 00:14:58,652 Then I don't see the prejudice to the People by allowing the defendant access to the victim. 263 00:14:58,717 --> 00:15:01,166 Defense motion granted 264 00:15:02,659 --> 00:15:06,942 You gotta admit, it's a brand-new spin on the time-honored defense strategy of beating up on the victim. 265 00:15:07,002 --> 00:15:10,180 Remz had a very compelling argument. He's a good lawyer, Jack. 266 00:15:10,242 --> 00:15:12,246 The best that money can buy. 267 00:15:12,313 --> 00:15:14,421 Poor victim, rich defendant? 268 00:15:14,485 --> 00:15:18,734 Well, Lady Justice may be blind, but nobody ever said the old broad was fair. 269 00:15:22,770 --> 00:15:24,718 Branch. 270 00:15:24,774 --> 00:15:27,816 When? Thanks. 271 00:15:27,881 --> 00:15:31,560 Well, that expert must have found something, 'cause Remz is moving to dismiss. 272 00:15:31,622 --> 00:15:35,871 Judge has scheduled an evidentiary hearing for 10:00 in the morning. 273 00:15:39,372 --> 00:15:43,086 I began by pickling the deceased's brain in a formalin solution. 274 00:15:43,148 --> 00:15:45,096 This was done to harden the brain, 275 00:15:45,152 --> 00:15:47,362 like boiling an egg, so it could be dissected. 276 00:15:47,424 --> 00:15:50,408 And when you dissected it, what did you find? 277 00:15:50,463 --> 00:15:54,416 A subdural hematoma. The decedent had bled into his brain from the sagital sinus. 278 00:15:54,472 --> 00:15:58,219 What happens when one incurs a subdural hematoma? 279 00:15:58,281 --> 00:16:02,256 Blood slowly seeps into the brain eventually killing the subject. 280 00:16:02,322 --> 00:16:04,532 It can take hours, even days. 281 00:16:04,594 --> 00:16:06,907 Often, the victim doesn't even know he's dying. 282 00:16:06,966 --> 00:16:09,813 He wouldn't feel sick enough to get medical attention? 283 00:16:09,872 --> 00:16:14,053 He might feel woozy, sleepy, nauseous, unwell. 284 00:16:14,114 --> 00:16:18,090 To a homeless person like Mr. Fisher, who's probably already in poor health, 285 00:16:18,157 --> 00:16:21,574 possibly intoxicated, this would be a familiar feeling. 286 00:16:21,631 --> 00:16:27,179 Fair enough. But Mr. Fisher was struck at 2:00 a.m. and dead by 3:00. 287 00:16:27,244 --> 00:16:31,162 Isn't it reasonable to assume, as the medical examiner has, 288 00:16:31,219 --> 00:16:34,226 that this accident caused Mr. Fisher's hematoma? 289 00:16:34,292 --> 00:16:37,869 Reasonable, but in this case mistaken. May I? 290 00:16:37,933 --> 00:16:42,979 Your Honor, if I may, defense exhibits “A” and "B" 291 00:16:45,049 --> 00:16:47,293 Given the size of the ruptured vessel, 292 00:16:47,354 --> 00:16:49,302 an hour between trauma and death... 293 00:16:49,358 --> 00:16:52,900 would have produced bleeding in the brain of, at most, 10 c.c.'s of blood. 294 00:16:52,966 --> 00:16:55,006 Approximately this much fluid. 295 00:16:55,071 --> 00:16:58,716 However, I siphoned five times that amount from the decedent's brain. 296 00:16:58,779 --> 00:17:03,632 Fifty c.c.'s. There's simply no way this much bleeding could have occurred in only an hour. 297 00:17:03,690 --> 00:17:06,800 So, what you're saying is... 298 00:17:06,864 --> 00:17:09,871 Ms. Salter hit someone with her car who was already fatally injured. 299 00:17:11,807 --> 00:17:14,313 But if the car crash didn't kill him, what did? 300 00:17:14,380 --> 00:17:18,161 Judging by the three contrecoup injuries he sustained to the back of his brain, 301 00:17:18,221 --> 00:17:20,169 he was beaten. 302 00:17:21,662 --> 00:17:25,444 I want to see Rodgers in my office. 303 00:17:25,504 --> 00:17:28,681 Damn. That doesn't sound very encouraging. 304 00:17:28,745 --> 00:17:30,954 It's not meant to be. 305 00:17:31,016 --> 00:17:33,967 Now I wish I'd insisted on an autopsy. 306 00:17:34,023 --> 00:17:36,005 Sounds even less encouraging. 307 00:17:36,060 --> 00:17:38,703 The family didn't want one. And I wasn't about to waste the city's time and money on-- 308 00:17:38,766 --> 00:17:40,715 On a homeless person? 309 00:17:40,771 --> 00:17:44,313 On someone who obviously died from head trauma, 310 00:17:44,378 --> 00:17:48,525 which I assumed he sustained when he was struck by Carrie Salter's car. 311 00:17:48,588 --> 00:17:50,501 So what's your expert opinion? 312 00:17:50,558 --> 00:17:52,563 I'm afraid I have to agree with Geller. 313 00:17:52,630 --> 00:17:56,013 The car didn't kill him. 314 00:17:56,071 --> 00:17:58,019 It doesn't matter. Doctrine of intervening causation. 315 00:17:58,075 --> 00:18:01,994 A man leaps off a building, gets hit by a bullet on the way down, it's homicide, not suicide. 316 00:18:02,050 --> 00:18:04,795 Except in this case, it wasn't the bullet that killed him. 317 00:18:04,856 --> 00:18:07,135 The car accident didn't cause the hematoma. 318 00:18:07,195 --> 00:18:09,576 Hell, it didn't even exacerbate it. 319 00:18:09,633 --> 00:18:11,581 Expert testimony is for a jury to evaluate. 320 00:18:11,638 --> 00:18:14,714 Except I can't let it go to a jury on these facts. 321 00:18:14,778 --> 00:18:16,885 Come on, Jack. Give me something to work with. 322 00:18:16,950 --> 00:18:19,957 The defendant left this man in her garage to die. 323 00:18:20,023 --> 00:18:21,971 If she'd gotten him medical attention 324 00:18:22,028 --> 00:18:24,875 the doctors might have detected the hematoma, stopped the bleeding, saved his life. 325 00:18:24,933 --> 00:18:27,542 I count at least three "maybes” in there. 326 00:18:27,606 --> 00:18:30,614 My client is prepared to plead out on tampering, 327 00:18:30,679 --> 00:18:33,060 obstruction, failing to report an accident... 328 00:18:33,118 --> 00:18:35,066 the crime she actually committed. 329 00:18:35,122 --> 00:18:37,401 What do you have in mind? First offense? 330 00:18:37,461 --> 00:18:39,409 I think probation's warranted. 331 00:18:39,465 --> 00:18:42,278 Three years, plus community service. 332 00:18:42,338 --> 00:18:44,684 Your Honor! I'm sympathetic, Ms. Southerlyn 333 00:18:44,743 --> 00:18:47,249 but as much as I'd like to, I can't order jail time. 334 00:18:47,315 --> 00:18:50,927 The criminally negligent homicide charge is dismissed 335 00:18:50,990 --> 00:18:55,307 I'm accepting the defendant's pleas on obstruction and tampering. 336 00:18:55,367 --> 00:19:00,186 Mr. Remz, have your client see Probation, then she's free to go. 337 00:19:04,219 --> 00:19:07,170 Dead man walking. Just when you thought you'd seen everything. 338 00:19:07,226 --> 00:19:09,641 We still have a victim in search of a suspect. 339 00:19:09,698 --> 00:19:11,646 Salter's expert give us anything new to go on? 340 00:19:11,702 --> 00:19:16,019 He said someone beat Fisher up about seven hours before Salter struck him with her car. 341 00:19:16,078 --> 00:19:18,652 So, 2:00 a.m.? Which would mean he took a beating... 342 00:19:18,718 --> 00:19:20,757 around 7:00 the night before. 343 00:19:20,822 --> 00:19:24,205 Well, beyond that, we still got a grand total of zero leads. 344 00:19:24,263 --> 00:19:28,979 So, we start with square one. Tompkins Square. 345 00:19:29,040 --> 00:19:30,988 I already told you. I didn't know him. 346 00:19:31,044 --> 00:19:33,687 We're just trying to figure out who beat on this guy. 347 00:19:33,750 --> 00:19:35,699 I thought you said he was hit by a car. 348 00:19:35,755 --> 00:19:38,067 He did, but he got beat down first. You ever see a boxing match? 349 00:19:38,127 --> 00:19:41,908 The dude takes one too many hits. He walks out of the ring, and two days later he dies. 350 00:19:41,968 --> 00:19:44,577 Is that what happened to him? 351 00:19:44,640 --> 00:19:48,182 Huh. I'm sorry. I don't know anything. 352 00:19:53,025 --> 00:19:54,973 But I can make a guess. 353 00:19:55,030 --> 00:19:56,978 See, all you had to do was concentrate. 354 00:19:57,034 --> 00:19:59,984 Yeah, I seen, uh-- What'd you say his name was? 355 00:20:00,040 --> 00:20:02,045 Alan. Yeah. Yeah. 356 00:20:02,112 --> 00:20:06,532 I seen this Alan guy bumming spare change outside a bodega on Avenue 357 00:20:06,588 --> 00:20:09,037 And? Really pissed the owner off. 358 00:20:09,094 --> 00:20:11,042 And how do you know that? 359 00:20:11,099 --> 00:20:13,844 'Cause I saw the dude run him off with a baseball bat. 360 00:20:13,904 --> 00:20:16,547 Threatened to bash his brains in. 361 00:20:19,416 --> 00:20:21,865 Ever since this clinic opened 362 00:20:21,921 --> 00:20:24,564 this block has been crawling with all “wackjobs.“ 363 00:20:24,628 --> 00:20:28,603 Well, we're interested in the “wackjob" that you threatened with a baseball bat-- 364 00:20:28,670 --> 00:20:31,347 skinny white kid. Why? Did he complain? 365 00:20:31,410 --> 00:20:35,590 I never touched him, huh? Uh,just waved it around a little. Told him to get lost. 366 00:20:35,652 --> 00:20:38,157 Is it possible he didn't get the message and came back? 367 00:20:38,224 --> 00:20:41,766 I'll tell you what. Just for fun, why don't you tell us where you spend your Thursday nights. 368 00:20:41,832 --> 00:20:46,217 Thursday night? Right here. All night, every night. Ask anyone. 369 00:20:46,275 --> 00:20:50,092 We will. Meanwhile, just keep that baseball bat in the dugout. 370 00:20:50,150 --> 00:20:53,191 Huh? All right. so I'm Alan Fisher- 371 00:20:53,256 --> 00:20:55,637 schizophrenic, homeless, wandering the streets. 372 00:20:55,695 --> 00:20:59,044 Persona non grata at the local bodega. Where would I go? 373 00:20:59,103 --> 00:21:03,113 I might get a warmer reception at my friendly neighborhood clinic. 374 00:21:04,882 --> 00:21:06,956 Alan was one of those guys- loving family, 375 00:21:07,020 --> 00:21:09,697 plenty of money, smart, good education. 376 00:21:09,760 --> 00:21:12,073 All the support in the world, how did he end up on the street? 377 00:21:12,132 --> 00:21:14,080 Schizophrenia does not discriminate. 378 00:21:14,136 --> 00:21:16,175 Did he come here a lot? Yeah, time to time. 379 00:21:16,241 --> 00:21:18,553 We worked like hell to get him back on his medication. 380 00:21:18,612 --> 00:21:20,595 And when he did, he felt so much better, 381 00:21:20,650 --> 00:21:22,598 he'd think he didn't need them anymore. 382 00:21:22,654 --> 00:21:26,436 See, that's the Catch-22 of modern meds. They work so well, patients stop taking them. 383 00:21:26,496 --> 00:21:29,412 On the night of November 13, was he here? 384 00:21:32,509 --> 00:21:35,425 Yeah. Stopped in around 6:00, just as I was getting ready to leave. 385 00:21:35,482 --> 00:21:39,230 Hit me up for a couple of bucks for food. I did my usual song and dance. 386 00:21:39,291 --> 00:21:41,569 Tried to get him back on his regimen. Fat chance. 387 00:21:41,629 --> 00:21:43,941 You know where he went after here? 388 00:21:44,000 --> 00:21:46,279 Yeah, Gerald came by. They went off together. Probably a liquor store. 389 00:21:46,339 --> 00:21:49,084 And where can we find him? Gerald? 390 00:21:49,145 --> 00:21:53,394 He lives with a couple other homeless guys over in Stuyvesant Town, 15th and First. 391 00:21:53,455 --> 00:21:56,667 Yeah, I know Fish. That's what we call him-- Fish. 392 00:21:56,728 --> 00:22:00,408 I do, anyway. He got that fish-eye look. 393 00:22:00,470 --> 00:22:04,251 Me? I got the 1,000-yard stare. What you got? 394 00:22:04,311 --> 00:22:06,692 We got a dead friend of yours, Gerald. Huh? 395 00:22:06,750 --> 00:22:08,699 Fish. Fish died? 396 00:22:08,755 --> 00:22:11,762 Somebody killed him. Killed him? Somebody killed Fish. 397 00:22:11,828 --> 00:22:14,107 Yeah, and you were the last person seen with him. 398 00:22:14,166 --> 00:22:17,549 Dr. Emmerich said he saw y'all leaving the clinic together. 399 00:22:17,607 --> 00:22:20,181 Yeah, I remember that. 400 00:22:20,246 --> 00:22:23,493 We bought us a Mickey, went to the park and passed it around. 401 00:22:23,553 --> 00:22:25,934 Yeah, right after that, he got his head bashed in. 402 00:22:25,992 --> 00:22:29,637 I know. I saw it go down. 403 00:22:30,703 --> 00:22:32,707 You saw what happened? 404 00:22:32,774 --> 00:22:34,916 Guy comes up to Fish. They trade words. 405 00:22:34,979 --> 00:22:37,393 Start wrestling around, arguing about something. 406 00:22:37,451 --> 00:22:40,401 Next thing you know, they duking it out. Guy gets Fish down. 407 00:22:40,457 --> 00:22:43,202 He's bashing his head into the sidewalk. 408 00:22:43,263 --> 00:22:45,212 You didn't try to stop it? 409 00:22:45,268 --> 00:22:47,307 Are you crazy? 410 00:22:47,372 --> 00:22:49,878 Besides, cops broke it up. 411 00:22:50,947 --> 00:22:53,556 This other guy have a name? 412 00:22:53,620 --> 00:22:56,433 I'm sure his mama give him one, but I'd be damned if I know. 413 00:23:00,601 --> 00:23:04,611 Another homeless guy, I've seen him around. Big white guy. 414 00:23:06,514 --> 00:23:08,793 When we got there, one guy had the other guy in a headlock. 415 00:23:08,853 --> 00:23:11,894 Broke it up, asked who started it, they pointed fingers at each other. 416 00:23:11,959 --> 00:23:14,637 And you didn't do anything? We got a call on a domestic. 417 00:23:14,699 --> 00:23:17,581 Guy using his girlfriend for a punching bag. What are we supposed to do? 418 00:23:17,638 --> 00:23:21,146 Tell 'em flag on the play while we process a couple of skells through the system? 419 00:23:21,212 --> 00:23:24,026 God forbid, the girl gets hurt. We're dealing with these lice-heads. 420 00:23:24,086 --> 00:23:27,936 Come on. You know what it's like. Triage. Taxpayers first. So sue us. 421 00:23:27,994 --> 00:23:31,036 - And only taxpayers get a ride to the E.R.? - Those guys? 422 00:23:31,101 --> 00:23:33,049 Not in my car. Never get the stink out. 423 00:23:33,105 --> 00:23:35,714 They weren't hurt. No harm, no foul. 424 00:23:35,778 --> 00:23:38,387 Actually, one of them was. He died later that night. A tall white kid. 425 00:23:38,451 --> 00:23:41,298 - No kidding? - What 'd the other guy look like? 426 00:23:41,357 --> 00:23:43,305 None the worse for wear. 427 00:23:43,360 --> 00:23:45,570 A description, genius. 428 00:23:46,634 --> 00:23:51,180 On, six feet, 6 '2", uh, old raincoat, orange wool cap. 429 00:23:51,245 --> 00:23:53,524 We didn't take any names. 430 00:23:53,584 --> 00:23:56,227 Lucky for you, I think we've met the guy. 431 00:23:58,260 --> 00:24:00,539 Now, just take your time, Gerald 432 00:24:00,599 --> 00:24:05,452 What if he gets off? You know, gets out? Comes after me. 433 00:24:05,510 --> 00:24:09,462 Don't worry. He can't see you. That's one-way glass. 434 00:24:10,454 --> 00:24:12,402 Neat. 435 00:24:12,458 --> 00:24:14,633 Come on, Gerald, focus. 436 00:24:16,500 --> 00:24:18,675 That guy, five. 437 00:24:18,738 --> 00:24:21,244 Number five. 438 00:24:24,050 --> 00:24:28,025 Uh, sorry, Max. I got bad news and worse news. 439 00:24:28,091 --> 00:24:32,807 A witness identifies you as the one who introduced Alan Fisher's face to the sidewalk. 440 00:24:32,869 --> 00:24:35,648 And two cops picked you out as the one who'd been fighting with him. 441 00:24:35,708 --> 00:24:38,214 Now I know that math's probably not your strong suit, 442 00:24:38,280 --> 00:24:41,163 but even you can see how this adds up against you. 443 00:24:41,221 --> 00:24:43,602 Only question is which story is the judge gonna hear, our version or yours? 444 00:24:43,659 --> 00:24:46,472 Now our version is that you attacked some poor defenseless kid, 445 00:24:46,532 --> 00:24:48,776 who was a little touched in the head. 446 00:24:48,837 --> 00:24:52,584 Shut up! J-Just shut up! 447 00:24:52,645 --> 00:24:55,493 Let me think. 448 00:24:55,552 --> 00:24:59,733 You don't get it. You don't get it. You just don't get it. 449 00:24:59,794 --> 00:25:02,003 Why don't you explain it to us, Max? 450 00:25:02,066 --> 00:25:05,016 Tell us why you killed this kid. I can't. 451 00:25:05,072 --> 00:25:07,989 - I can't explain it to you. - Why? 452 00:25:08,046 --> 00:25:10,586 Because you don't know what it's like out there. 453 00:25:10,652 --> 00:25:13,499 All right? You don't get it. 454 00:25:13,558 --> 00:25:16,167 You-- You think that you do, but you don't. 455 00:25:16,230 --> 00:25:21,846 What I don't get is why you killed some poor guy who's just as down on his luck as you are. 456 00:25:21,909 --> 00:25:24,825 He wasn't like me! He was a selfish bastard! 457 00:25:24,883 --> 00:25:27,867 He wouldn't share! 458 00:25:27,922 --> 00:25:33,402 He... wouldn't share. 459 00:25:34,437 --> 00:25:38,253 All I wanted was a piece, just one little piece. 460 00:25:38,311 --> 00:25:40,260 And I asked him nice. 461 00:25:41,953 --> 00:25:43,901 Piece of what, Max? 462 00:25:45,260 --> 00:25:47,333 An orange. 463 00:25:47,398 --> 00:25:51,408 One little crappy orange. 464 00:25:55,950 --> 00:25:59,869 You have to appreciate the irony One defendant hits a man with her car, 465 00:25:59,925 --> 00:26:02,670 while another defendant hits the same man with his fists. 466 00:26:02,731 --> 00:26:05,408 Defendant Number One gets off with the help of a blue-chip mouthpiece, 467 00:26:05,471 --> 00:26:09,925 while Defendant Number Two-- Gets the assistance of the Director of the Urban Justice Center, 468 00:26:09,981 --> 00:26:12,794 which beats a funding-challenged public defender any day. 469 00:26:12,853 --> 00:26:14,927 Agreed. But it still begs the question... 470 00:26:14,992 --> 00:26:18,671 how there can possibly be equal justice, when defendants aren't treated equally. 471 00:26:18,733 --> 00:26:21,911 Carrie Salter didn't kill Alan Fisher. Your client did. 472 00:26:21,973 --> 00:26:24,479 Have you ever gone for months without a shower? 473 00:26:24,546 --> 00:26:28,658 Scrounged for dinner in a garbage can or begged for change on the street? 474 00:26:28,722 --> 00:26:32,333 Life on the street is tough. So that gives your client the right to commit murder? 475 00:26:32,396 --> 00:26:34,811 No, his fundamental right to survive does. 476 00:26:34,868 --> 00:26:37,147 Thankfully, the law says otherwise. Oh, did they change it? 477 00:26:37,207 --> 00:26:39,520 I haven't been keeping up with my reading. Is the necessity defense still on the books? 478 00:26:39,579 --> 00:26:43,156 Not when the necessity is an orange. So you say. 479 00:26:43,220 --> 00:26:45,726 Let's see what a judge says. 480 00:26:45,792 --> 00:26:49,073 It's black letter law. To make out a necessity defense, 481 00:26:49,133 --> 00:26:52,175 the defendant has to be able to show that the need outweighed the wrong. 482 00:26:52,240 --> 00:26:56,216 Which it does if you're homeless, and you do whatever you have to do to survive in their world. 483 00:26:56,282 --> 00:26:58,457 So it's survival of the fittest Go ahead, scoff. 484 00:26:58,520 --> 00:27:00,799 It only illustrates how ignorant all of you are. 485 00:27:00,858 --> 00:27:05,107 Fortunately we have laws to pre vent society from descending into Darwinian anarchy 486 00:27:05,168 --> 00:27:09,884 Except we've evicted the homeless from society. We've made them outcasts. 487 00:27:09,945 --> 00:27:12,223 We look at them as less than human. 488 00:27:12,284 --> 00:27:16,327 We shun them from society, then tum around and hold them accountable to society's laws, 489 00:27:16,392 --> 00:27:19,309 not the laws they have to live by. Your Honor. 490 00:27:19,365 --> 00:27:23,341 Don't judge a man until you've walked a mile in his shoes, Mr. McCoy. 491 00:27:23,408 --> 00:27:27,360 I don't see any problem with letting the jury take a little stroll. 492 00:27:27,416 --> 00:27:31,563 She was basically arguing that as a matter of law, the homeless are less than human. 493 00:27:31,625 --> 00:27:34,337 Fido takes a bite out of Joe Citizen-- he gets put down. 494 00:27:34,398 --> 00:27:37,382 Fido bites another dog-- that's just life in the urban jungle. 495 00:27:37,438 --> 00:27:39,978 Well, let's face it. We all say the right things, but at the end of the day, 496 00:27:40,043 --> 00:27:43,655 we see them as scary, smelly, subhuman people we'd rather not deal with. 497 00:27:43,719 --> 00:27:46,259 That's exactly the guilt Gardner is leveraging. 498 00:27:46,324 --> 00:27:48,363 Well, don't let her. Plead this out. 499 00:27:48,428 --> 00:27:50,604 When I've got a confession and two witnesses? 500 00:27:50,667 --> 00:27:53,709 And a defense attorney turning the courtroom into a soapbox. 501 00:27:53,774 --> 00:27:56,154 For the money we'll end up spending on this trial, 502 00:27:56,212 --> 00:27:58,217 we'll be able to build our own soup kitchen. 503 00:27:58,284 --> 00:28:00,528 But we won't, will we? 504 00:28:07,570 --> 00:28:09,574 Ms. Gardner, where's your client? 505 00:28:09,641 --> 00:28:11,590 On his way, Your Honor. 506 00:28:17,258 --> 00:28:20,141 Jack. 507 00:28:20,198 --> 00:28:22,271 Sidebar, Your Honor. 508 00:28:23,572 --> 00:28:25,520 What is this? The defendant is dressed like-- 509 00:28:25,576 --> 00:28:27,525 A homeless person. Imagine that. 510 00:28:27,581 --> 00:28:31,397 His appearance violates basic standards of courtroom decorum. 511 00:28:31,456 --> 00:28:33,404 Which aren't codified anywhere in the C.P.I. 512 00:28:33,461 --> 00:28:36,172 The defendant can dress for court any way that he wants. 513 00:28:36,233 --> 00:28:39,217 You mean, how his attorney wants. This is a transparent ploy... 514 00:28:39,273 --> 00:28:42,554 to get the jury to see him as homeless first and as a human being second. 515 00:28:42,613 --> 00:28:45,325 Actually, it's about letting the jury see him as he truly is. 516 00:28:46,389 --> 00:28:49,704 Either way, I'm not inclined to order a wardrobe change. 517 00:28:49,762 --> 00:28:51,766 Now step back and let's get on with this. 518 00:28:55,374 --> 00:28:59,795 You say the defendant was banging the victim's head against the sidewalk 519 00:28:59,851 --> 00:29:03,200 That's right. Why didn't you arrest him? 520 00:29:03,259 --> 00:29:05,708 Wasn't clear who started it. 521 00:29:05,764 --> 00:29:08,213 We just sent the parties on their way. 522 00:29:08,270 --> 00:29:12,222 But I suppose, in hindsight, maybe we should have picked the defendant up. 523 00:29:12,278 --> 00:29:16,493 What about medical attention? Why didn't you take Mr. Fisher to the emergency room? 524 00:29:16,554 --> 00:29:20,598 I asked him if he wanted to go. He said "Hospitals are where they brain wash you. ” 525 00:29:20,663 --> 00:29:23,409 And besides, he looked okay. 526 00:29:27,511 --> 00:29:32,023 Is that your usual practice-- no arrests, no trip to the hospital, 527 00:29:32,088 --> 00:29:34,833 so long as everyone's looks okay? I don't have a usual practice. 528 00:29:34,894 --> 00:29:37,571 It's case by case. I use my judgment. 529 00:29:37,633 --> 00:29:39,673 Then let's chat about your judgment. 530 00:29:39,738 --> 00:29:42,585 The past year, you've handled... 531 00:29:42,644 --> 00:29:45,891 domestic disturbances, bar fights, traffic disputes. 532 00:29:45,951 --> 00:29:47,934 And in many cases, you've made arrests, 533 00:29:47,990 --> 00:29:50,803 and/or requested medical attention for the parties involved 534 00:29:50,862 --> 00:29:53,607 - If counsel could ask a question. - My question: 535 00:29:53,668 --> 00:29:56,846 What made those cases different from this one? 536 00:29:57,911 --> 00:29:59,916 I'll give you a hint. 537 00:29:59,982 --> 00:30:01,861 The parties weren't homeless. 538 00:30:01,919 --> 00:30:05,097 I don't treat them any different. Really? 539 00:30:05,160 --> 00:30:08,144 Because it seems the only time you do arrest a homeless man or woman... 540 00:30:08,201 --> 00:30:12,712 is for vagrancy, public intoxication or when they bother a citizen. 541 00:30:12,777 --> 00:30:15,522 But as long as they're just beating up on one another- 542 00:30:15,583 --> 00:30:17,964 I didn't think an arrest was warranted in this case. 543 00:30:18,021 --> 00:30:20,129 Didn't matter if they were homeless or not. 544 00:30:20,193 --> 00:30:23,474 Homeless. Is that what you call them? 545 00:30:23,534 --> 00:30:25,880 What else should I call them? 546 00:30:25,939 --> 00:30:29,720 It just when you were speaking to Detectives Briscoe and Green, 547 00:30:29,780 --> 00:30:31,922 you used other terms. 548 00:30:31,986 --> 00:30:34,731 That was just-- We use a lot of slang on the street. 549 00:30:34,791 --> 00:30:37,570 It doesn't mean anything Then you won't mind telling us... 550 00:30:37,630 --> 00:30:40,581 what those slang terms are. 551 00:30:41,640 --> 00:30:44,955 One of them was "skells. ” 552 00:30:45,014 --> 00:30:46,962 What was the other? 553 00:30:48,021 --> 00:30:50,937 Lice-heads. 554 00:30:52,463 --> 00:30:57,214 And to think you're a duly sworn representative of the law. 555 00:31:02,652 --> 00:31:05,865 They were pushin ' and shovin' First, Fish gave as good as he got. 556 00:31:05,926 --> 00:31:10,311 But when he got him by the neck and threw him on the ground, it was game over. 557 00:31:10,369 --> 00:31:12,317 Game over? Game over. 558 00:31:12,373 --> 00:31:15,187 He was bashing his head into the sidewalk. 559 00:31:15,246 --> 00:31:17,593 And Mr. Fisher couldn't fight back? 560 00:31:18,854 --> 00:31:20,802 That guy was too big. 561 00:31:20,858 --> 00:31:25,836 Which makes me wonder why he started yelling at Mr. Edgars in the first place. 562 00:31:25,902 --> 00:31:29,787 He couldn't help it. It was the way his brain worked 563 00:31:29,845 --> 00:31:33,456 See, Fish would talk tough and such, but he wouldn't hurt nobody. 564 00:31:33,519 --> 00:31:37,666 In your opinion, did Mr. Fisher pose any type of threat to the defendant? 565 00:31:37,728 --> 00:31:39,677 Hardly. 566 00:31:39,733 --> 00:31:43,184 Worse Fish could do to anybody was spit at 'em a little. 567 00:31:48,519 --> 00:31:51,766 So if the fight was so one-sided, 568 00:31:51,826 --> 00:31:54,571 why didn't you try to stop it? Two guys in a beef? 569 00:31:54,632 --> 00:31:57,081 You don't get up in the middle of it. 570 00:31:57,137 --> 00:32:00,885 You stand back and watch. just the way it is. 571 00:32:00,946 --> 00:32:04,090 In your world. Right. 572 00:32:04,153 --> 00:32:07,194 Then let's talk a little bit about your world. 573 00:32:07,259 --> 00:32:09,640 Have you ever been attacked on the street? 574 00:32:09,698 --> 00:32:13,981 When I was a newbie. That's when you're new to the street. 575 00:32:14,041 --> 00:32:17,892 Guys come by, beat me with a pipe. 576 00:32:17,950 --> 00:32:20,331 Take my stuff And when did that stop? 577 00:32:20,388 --> 00:32:22,336 When I fought back. See, when you hit back, 578 00:32:22,392 --> 00:32:25,707 they look for somebody else who won't. 579 00:32:25,766 --> 00:32:29,149 You look nice today. 580 00:32:29,207 --> 00:32:32,989 Do you dress like that on the street? No. 581 00:32:33,049 --> 00:32:36,762 New coat, new tie. Courtesy of Mr. McCoy? 582 00:32:36,824 --> 00:32:39,968 Yeah. Where'd you sleep last night? 583 00:32:40,031 --> 00:32:42,810 At the Clinton Hotel. Where do you usually sleep? 584 00:32:42,870 --> 00:32:45,878 Heating vent. Did you have a shower this morning? 585 00:32:45,944 --> 00:32:49,521 Yeah. It felt good. 586 00:32:49,585 --> 00:32:53,800 I bet. Before that, when was the last time you had a shower? 587 00:32:53,861 --> 00:32:57,336 Don't remember. Must be nice, living in a hotel, 588 00:32:57,403 --> 00:32:59,510 not on the street. 589 00:32:59,574 --> 00:33:01,523 It was heaven. 590 00:33:01,579 --> 00:33:05,053 So when you're living on the street, 591 00:33:05,119 --> 00:33:08,696 not in a hotel, what do you do when you have to go to the bathroom? 592 00:33:08,760 --> 00:33:13,374 Wherever I can. Sometimes behind a car, in a doorway, 593 00:33:13,438 --> 00:33:15,386 In the park. Like a clog. 594 00:33:15,442 --> 00:33:20,089 - Your Honor. - Look behind you, Ms. Gardner. There's the line. 595 00:33:20,152 --> 00:33:22,795 My apologies. And I apologize to you, sir. 596 00:33:22,858 --> 00:33:26,902 I'm sorry if I embarrassed you. I ain't embarrassed. 597 00:33:26,967 --> 00:33:31,478 Living on the street, I done a lot of things I never thought I'd do. 598 00:33:37,156 --> 00:33:39,229 Why is this mess still on your docket? 599 00:33:39,293 --> 00:33:41,367 Because Gardner thinks she can get him off... 600 00:33:41,432 --> 00:33:43,744 and wants to make a statement doing so. 601 00:33:43,804 --> 00:33:46,047 And you don't think she has a point? 602 00:33:46,108 --> 00:33:50,357 That the homeless are animals and don't have to follow the same rules we do. 603 00:33:50,418 --> 00:33:52,697 They don't live the same lives we live. We've turned our backs on them. 604 00:33:52,756 --> 00:33:55,069 I think that's overstating things a touch. 605 00:33:55,128 --> 00:33:57,702 I mean, there are shelters and soup kitchens. 606 00:33:57,767 --> 00:34:01,480 And all these so-called solutions just hide the problem instead of solving it. 607 00:34:01,542 --> 00:34:03,786 Nobody wants a shelter in their neighborhood 608 00:34:03,847 --> 00:34:06,490 When's the last time you picked up a ladle at a soup kitchen? 609 00:34:06,553 --> 00:34:08,729 Every Thanksgiving, as a matter of fact. 610 00:34:08,791 --> 00:34:13,405 One day a year. You and all the other limousine liberals... 611 00:34:13,469 --> 00:34:15,417 so you can look at yourself in the mirror. 612 00:34:15,473 --> 00:34:18,047 The sad fact is a lot of these people aren't gonna get any better, 613 00:34:18,112 --> 00:34:21,154 no matter how much time and money we throw at the problem. 614 00:34:21,219 --> 00:34:24,670 You might as well try sweeping sand off the beach. 615 00:34:24,726 --> 00:34:27,767 Careful, Arthur. You'll make Gardner's case for her. 616 00:34:27,833 --> 00:34:31,341 She shouldn't have a case at all Make a deal. 617 00:34:32,777 --> 00:34:35,283 Perhaps you haven 't been paying attention, but this case isn't just about Max Edgars. 618 00:34:35,349 --> 00:34:38,197 It's about every homeless man, woman and child in this city. 619 00:34:38,256 --> 00:34:40,363 Depicting your client as an animal? 620 00:34:40,426 --> 00:34:43,411 Locked in a savage dog-eat-dog daily struggle for existence? 621 00:34:43,467 --> 00:34:45,415 This is how you advocate for the homeless? 622 00:34:45,471 --> 00:34:47,420 I never once said homeless people were animals. 623 00:34:47,476 --> 00:34:51,486 I said society treats them like animals, forces them to live like animals. 624 00:34:51,552 --> 00:34:53,966 They still have choice, free will. 625 00:34:54,024 --> 00:34:56,769 Oh, do they? After we cast them into the outer darkness. 626 00:34:56,830 --> 00:35:00,977 Relegate them to a world that's more Lord of the Flies than the civilized one we live in. 627 00:35:01,039 --> 00:35:05,049 Believe me. I'm not denying any of man's darker instincts, which is why-- 628 00:35:05,114 --> 00:35:08,656 We have laws. I know. Brings us right back to where we started, doesn't it? 629 00:35:08,722 --> 00:35:13,142 The homeless, shunned from the very society that makes those laws. 630 00:35:13,198 --> 00:35:17,710 People need to realize we are all just two steps away from becoming Max Edgars. 631 00:35:20,715 --> 00:35:23,130 I used to work construction. 632 00:35:23,187 --> 00:35:25,135 High steel. 633 00:35:25,191 --> 00:35:29,372 I got hurt on the job, and I blew through all my savings. 634 00:35:29,433 --> 00:35:35,083 And by the time I was back on my feet again, I was broke, behind on the mortgage. 635 00:35:35,146 --> 00:35:39,897 And eventually I lost my house, my family. 636 00:35:39,957 --> 00:35:41,939 Then where did you live? 637 00:35:43,198 --> 00:35:46,341 For a little while, in my car. 638 00:35:46,404 --> 00:35:50,357 But then I sold it, to eat. 639 00:35:50,413 --> 00:35:54,093 Then I started living in doorways. 640 00:35:54,155 --> 00:35:58,472 A.T.M. vestibules were the best. Then the mayor started cracking down. 641 00:35:58,531 --> 00:36:00,912 So where did you go? For a few months, 642 00:36:00,970 --> 00:36:04,717 I lived in this empty subway tunnel. 643 00:36:04,777 --> 00:36:08,024 There were a lot of other homeless there. And rats. 644 00:36:08,085 --> 00:36:13,165 If you didn't wear gloves, they would nibble on your fingers while you slept. 645 00:36:13,229 --> 00:36:16,077 Sounds awful. You got all these people... 646 00:36:16,136 --> 00:36:19,485 living in their own filth. 647 00:36:19,543 --> 00:36:24,156 You-- You go in there, the stench would knock you back, like three feet. 648 00:36:24,220 --> 00:36:27,535 And you couldn't go to a shelter. They're not safe. 649 00:36:27,594 --> 00:36:33,574 A lot of people, crazies and junkies, looking to steal your stuff, or do worse. 650 00:36:33,640 --> 00:36:36,021 Did that happen to you-- people steal your things? 651 00:36:36,079 --> 00:36:38,028 Yeah. I've been mugged. 652 00:36:38,084 --> 00:36:40,966 I lost count how many times. 653 00:36:41,023 --> 00:36:44,201 One time, these-- these two guys rolled me for my shoes... 654 00:36:44,264 --> 00:36:48,217 and-- and gave me smileys all over my body. 655 00:36:48,273 --> 00:36:51,781 Th-That's when they hit you with a chain and a padlock, 656 00:36:51,847 --> 00:36:56,893 and the lock leaves a bruise like a smiley face. 657 00:36:59,597 --> 00:37:04,677 I want to turn your attention to the night of your altercation with Mr. Fisher. 658 00:37:04,742 --> 00:37:08,319 He was crazy. I just asked for a piece of his orange, 659 00:37:08,382 --> 00:37:09,829 and he just started screaming at me. 660 00:37:09,886 --> 00:37:15,103 And I told him to back off And he pushed me. 661 00:37:15,164 --> 00:37:19,083 And-- And kept putting his hands on me. He was a lunatic. 662 00:37:19,139 --> 00:37:21,986 So why didn't you just walk away? 663 00:37:22,046 --> 00:37:23,994 I couldn't. 664 00:37:24,050 --> 00:37:28,299 Word got out that I'd backed off, I would be fair game. 665 00:37:28,360 --> 00:37:30,741 Fair game for who? 666 00:37:31,801 --> 00:37:34,148 Anybody. 667 00:37:34,206 --> 00:37:36,313 That's how it works. 668 00:37:36,378 --> 00:37:40,923 If you're vulnerable, if you're weak, you're a target. 669 00:37:40,987 --> 00:37:45,441 And I wasn't gonna be a target ever again. 670 00:37:51,978 --> 00:37:56,022 So, you admit... 671 00:37:56,087 --> 00:37:58,900 assaulting another man, 672 00:37:58,960 --> 00:38:02,207 because he refused to share his orange. 673 00:38:02,267 --> 00:38:04,215 It's not that simple. 674 00:38:05,741 --> 00:38:07,724 The law of the jungle. 675 00:38:07,779 --> 00:38:10,729 That's right. And your lawyer suggested... 676 00:38:10,785 --> 00:38:14,168 that you live like an animal in that jungle. 677 00:38:14,226 --> 00:38:16,835 Yeah, well, maybe she's right. 678 00:38:16,899 --> 00:38:19,178 Then what are we doing here? 679 00:38:19,237 --> 00:38:22,848 We don't put animals on trial, Mr. Edgars. 680 00:38:22,913 --> 00:38:24,861 We put them down. 681 00:38:24,917 --> 00:38:29,234 Fine. Put me down. You'll be doing me a favor. 682 00:38:29,293 --> 00:38:31,799 Tired of living in the street, are you? 683 00:38:31,865 --> 00:38:34,212 You think I chose this for my life? 684 00:38:34,270 --> 00:38:39,385 I think you have more choices than Alan Fisher did, don't you? 685 00:38:39,448 --> 00:38:42,899 He was held hostage to his own delusions. 686 00:38:42,955 --> 00:38:45,268 But you could control yourself. 687 00:38:45,328 --> 00:38:47,504 You could have looked for a job. 688 00:38:47,566 --> 00:38:48,841 I had a job. I told you. 689 00:38:48,902 --> 00:38:50,542 And a house. Yeah. 690 00:38:50,606 --> 00:38:51,848 And a car. That's right. 691 00:38:51,909 --> 00:38:54,483 Friends, family, possessions. 692 00:38:54,548 --> 00:38:57,361 And I lost them! 693 00:38:57,420 --> 00:39:00,928 I lost it all! 694 00:39:00,996 --> 00:39:05,541 You don't know what that feels like, to be a failure. 695 00:39:06,607 --> 00:39:09,592 To go to bed on a piece of wet cardboard every friggin' night, 696 00:39:09,648 --> 00:39:13,065 wondering, “How did this happen to me?” 697 00:39:16,329 --> 00:39:19,803 I didn't want this. 698 00:39:21,039 --> 00:39:24,617 I didn't choose this life. 699 00:39:24,680 --> 00:39:27,892 This is something that happened to me. 700 00:39:27,953 --> 00:39:31,963 And it's like this thing in my chest that's killing me. 701 00:39:34,168 --> 00:39:36,947 It gets me right here. 702 00:39:43,087 --> 00:39:45,502 Sounds... 703 00:39:47,229 --> 00:39:49,178 human... 704 00:39:50,770 --> 00:39:53,185 to me, Mr. Edgars. 705 00:40:04,501 --> 00:40:06,710 Most of us woke up this morning 706 00:40:06,771 --> 00:40:10,314 punched the snooze button of our clock radios, 707 00:40:10,380 --> 00:40:14,697 before eventually willing ourselves out of our nice warm beds... 708 00:40:14,756 --> 00:40:20,405 and stumbling into the kitchen for an English muffin and a hot cup of coffee. 709 00:40:22,005 --> 00:40:24,386 But others, 710 00:40:26,047 --> 00:40:29,658 people who most of us will never know, 711 00:40:29,721 --> 00:40:32,170 woke up in a subway tunnel, 712 00:40:32,227 --> 00:40:36,875 surrounded by rats and human excrement. 713 00:40:36,938 --> 00:40:39,581 We all pay lip service. 714 00:40:39,643 --> 00:40:42,320 We all say the right things about the homeless, 715 00:40:42,382 --> 00:40:44,956 as long as we don't have to get too close to them. 716 00:40:45,022 --> 00:40:46,970 We blame them for their own misfortune... 717 00:40:47,026 --> 00:40:51,605 and say we cannot understand why they live the way they do. 718 00:40:51,669 --> 00:40:56,215 We can't comprehend their existence. 719 00:40:56,280 --> 00:41:00,461 We can't possibly ever know the fear and desperation... 720 00:41:00,523 --> 00:41:04,499 that drove Max Edgars to kill Alan Fisher that night 721 00:41:04,565 --> 00:41:08,574 We cant'. So we should all go home tonight, 722 00:41:08,641 --> 00:41:11,921 crawl back into our nice warm beds... 723 00:41:11,980 --> 00:41:14,863 and thank our lucky stars... 724 00:41:14,921 --> 00:41:17,336 we don't have to. 725 00:41:31,156 --> 00:41:36,077 The law exists to protect, 726 00:41:36,133 --> 00:41:38,081 as well as to punish. 727 00:41:38,137 --> 00:41:41,281 So, if you say... 728 00:41:41,345 --> 00:41:44,228 that society's laws don't apply... 729 00:41:44,285 --> 00:41:46,825 to defendants like Max Edgars, 730 00:41:46,890 --> 00:41:50,808 you're also saying that society's justice... 731 00:41:50,865 --> 00:41:56,720 doesn't apply to victims like Alan Fisher. 732 00:41:56,778 --> 00:41:59,091 If that's your verdict, 733 00:41:59,150 --> 00:42:05,130 then society truly has turned its back on these people. 734 00:42:07,068 --> 00:42:09,016 They have no food. 735 00:42:09,072 --> 00:42:12,387 No shelter. 736 00:42:13,448 --> 00:42:15,453 No money. 737 00:42:18,125 --> 00:42:21,702 Don't deny them justice as well. 738 00:42:37,333 --> 00:42:40,784 Jury foreman, have you reached a verdict? 739 00:42:40,842 --> 00:42:42,790 We have, Your Honor. 740 00:42:42,846 --> 00:42:47,493 On the sole count of the indictment, manslaughter in the first degree, 741 00:42:47,555 --> 00:42:51,167 we find the defendant... guilty. 742 00:43:14,214 --> 00:43:16,697 Twelve years in Ossining. 743 00:43:16,753 --> 00:43:19,761 At least he'll have plenty of food and shelter. 744 00:43:19,826 --> 00:43:22,309 Careful, Jack. That almost sounded like sympathy. 745 00:43:22,365 --> 00:43:24,438 Don't get me wrong. He killed a man for an orange. 746 00:43:24,503 --> 00:43:28,080 He deserves to be in prison. But? 747 00:43:28,144 --> 00:43:31,527 We just moved him from one jungle to another.