1 00:00:01,134 --> 00:00:03,034 NARRATOR: In the criminal justice system 2 00:00:03,103 --> 00:00:06,971 the people are represented by two separate yet equally important groups, 3 00:00:07,040 --> 00:00:08,906 the police who investigate crime, 4 00:00:08,976 --> 00:00:11,445 and the district attorneys who prosecute the offenders. 5 00:00:11,778 --> 00:00:13,212 These are their stories. 6 00:00:14,681 --> 00:00:16,240 Last year was a total aberration. 7 00:00:16,316 --> 00:00:18,580 Last year was the beginning of a dynasty 8 00:00:18,652 --> 00:00:19,915 with a capital 9 00:00:19,987 --> 00:00:21,955 Without Pedro? No way. 10 00:00:22,222 --> 00:00:24,122 That's right. Who's your daddy? 11 00:00:24,191 --> 00:00:25,590 At least it's not Steinbrenner. 12 00:00:25,893 --> 00:00:27,725 Big Unit, baby. World championship, 13 00:00:27,794 --> 00:00:29,922 back where it belongs. The Bronx! 14 00:00:30,230 --> 00:00:32,198 Pedro is a Met. 15 00:00:32,499 --> 00:00:34,661 Good luck. Guy's been in there half an hour. 16 00:00:35,335 --> 00:00:38,032 Hey, fella? Everything all right? 17 00:00:38,472 --> 00:00:39,564 Think he died in there. 18 00:00:39,873 --> 00:00:42,308 Smells like he did. Come on! 19 00:00:42,910 --> 00:00:45,140 (TRAIN HORN BLOWING) 20 00:00:46,980 --> 00:00:48,573 (PEOPLE SCREAMING) 21 00:00:54,488 --> 00:00:58,550 Morning rush, 8:22 to Grand Central. Five DOAs and counting. 22 00:00:58,625 --> 00:00:59,683 What about the driver? 23 00:00:59,760 --> 00:01:00,921 Dogs don't think anybody's in there. 24 00:01:00,994 --> 00:01:02,928 We'll know for sure once we open her up. 25 00:01:02,996 --> 00:01:04,020 Witnesses? 26 00:01:04,097 --> 00:01:05,656 Two so far. Railroad guys. 27 00:01:05,732 --> 00:01:06,790 Don't know how much they could have seen 28 00:01:06,867 --> 00:01:08,426 fixing a switch 100 yards away. 29 00:01:08,502 --> 00:01:11,062 We'll need to talk to them anyway. Casey Jones, too. 30 00:01:11,138 --> 00:01:12,128 Casey Jones? 31 00:01:12,205 --> 00:01:14,936 The driver of the train. What do you call it? The engineer. 32 00:01:15,008 --> 00:01:17,875 This isn't some crossing in the middle of a cornfield in Kansas. 33 00:01:17,945 --> 00:01:19,435 How the hell did this thing get on the tracks? 34 00:01:19,513 --> 00:01:21,277 The busted guard gate up the service road, 35 00:01:21,348 --> 00:01:22,611 it looks like he crashed through there. 36 00:01:22,683 --> 00:01:24,708 Any security video? Supposed to be. 37 00:01:24,785 --> 00:01:27,220 I'll call the monitoring center and get it cued up. 38 00:01:27,287 --> 00:01:29,813 From every camera in the yard. We're gonna need ID on this vehicle. 39 00:01:30,223 --> 00:01:31,691 We ran the plates already. Stolen. 40 00:01:31,758 --> 00:01:34,193 Off a car in Van Cortlandt Park three days ago. 41 00:01:34,261 --> 00:01:36,059 Soon as CSU finds the VIN... 42 00:01:36,129 --> 00:01:37,893 The rest of the passengers, bumps and bruises, 43 00:01:37,965 --> 00:01:40,366 we need everybody lD'd, everybody interviewed. 44 00:01:40,500 --> 00:01:43,197 There's a public school close by, we're gonna bus them over there. 45 00:01:43,270 --> 00:01:45,864 Follow up at the hospitals with the serious injured later. 46 00:01:45,939 --> 00:01:47,373 All right, thanks a lot, Sarge. Good work. 47 00:01:50,243 --> 00:01:53,474 Stolen plates, busted gate, restricted area. This is no accident. 48 00:01:53,547 --> 00:01:56,380 He'd have to know about the gates, the schedule, the crossing. 49 00:01:56,450 --> 00:01:57,645 Disgruntled employee? 50 00:01:57,718 --> 00:01:59,948 Been known to happen. Mayhem in the workplace. 51 00:02:00,020 --> 00:02:02,648 That's one possibility. I have another. 52 00:02:03,590 --> 00:02:04,580 Terrorists. 53 00:02:04,658 --> 00:02:05,750 That's a cheery thought. 54 00:02:05,826 --> 00:02:07,385 I'm full of them, pal. 55 00:02:58,278 --> 00:03:00,076 Suddenly we're on top of the damn thing. 56 00:03:00,147 --> 00:03:01,512 I couldn't believe my eyes. 57 00:03:01,581 --> 00:03:02,776 No signals, no alarms? 58 00:03:02,849 --> 00:03:04,408 No warning whatsoever. 59 00:03:04,518 --> 00:03:06,816 Just that damn SUV, looming up at me. 60 00:03:06,887 --> 00:03:08,548 I slammed on the brakes, but... 61 00:03:09,456 --> 00:03:12,858 Felt like we were going over a cliff. Slid right into it. 62 00:03:13,326 --> 00:03:15,522 You know, I maybe heard something coming over the radio 63 00:03:15,595 --> 00:03:17,188 just as we were plowing into the guy. 64 00:03:17,264 --> 00:03:18,254 Awarning? 65 00:03:18,465 --> 00:03:19,557 Could've been. 66 00:03:19,766 --> 00:03:21,996 To tell you the truth, between the horn and the brakes 67 00:03:22,069 --> 00:03:24,766 and the sound of the crash, my ears are still ringing. 68 00:03:26,707 --> 00:03:27,697 FONTANA: You get anything? 69 00:03:27,774 --> 00:03:29,469 No. They were clear down the other end of the yard, 70 00:03:29,543 --> 00:03:30,874 they didn't even see the crash. 71 00:03:31,011 --> 00:03:32,035 Any trace of the driver? 72 00:03:32,112 --> 00:03:34,843 Dogs were right. Whoever was in there is long gone. 73 00:03:35,949 --> 00:03:36,939 ASSISTANT M.E.: Seven dead here. 74 00:03:37,017 --> 00:03:39,509 Halfa dozen on their way to the O.R., could go either way. 75 00:03:39,586 --> 00:03:41,020 Did they get everyone off the train? 76 00:03:41,088 --> 00:03:42,783 So they tell me. All right, thanks. 77 00:03:42,956 --> 00:03:43,946 What do we have? 78 00:03:44,024 --> 00:03:47,255 Seven so far, it could possibly go as high as 13. 79 00:03:47,427 --> 00:03:48,861 What about the driver? 80 00:03:48,929 --> 00:03:49,919 No trace of the bastard. 81 00:03:50,363 --> 00:03:51,853 Are the Feds working the terrorist angle? 82 00:03:51,965 --> 00:03:54,935 Well, the Joint Terrorism Task Force is checking to see 83 00:03:55,001 --> 00:03:56,526 if today is some kind of anniversary 84 00:03:56,603 --> 00:03:58,833 that might've triggered an attack. 85 00:03:58,905 --> 00:04:02,671 Grand Central, Penn Station and Metro-North are all on red alert. 86 00:04:02,743 --> 00:04:04,006 Anybody take credit for it yet? 87 00:04:04,077 --> 00:04:05,169 Not yet. 88 00:04:05,245 --> 00:04:07,236 Well, if he is aterrorist, he's no suicide martyr. 89 00:04:07,314 --> 00:04:09,908 Not all of them are. The guys who hit the trains in Madrid 90 00:04:09,983 --> 00:04:11,849 hid their bombs in suitcases and gym bags 91 00:04:11,918 --> 00:04:12,908 and got the hell out of there. 92 00:04:12,986 --> 00:04:14,078 Like this guy. 93 00:04:14,154 --> 00:04:15,883 I gotta tell you, this doesn't feel like aterrorist. 94 00:04:15,956 --> 00:04:17,287 It feels like a nut job to me. 95 00:04:17,524 --> 00:04:19,219 Well, let's hope you're right. 96 00:04:27,334 --> 00:04:28,699 Oh, man. He just blew right on through there. 97 00:04:28,769 --> 00:04:31,966 Yeah, but the question is who was minding the store? 98 00:04:32,539 --> 00:04:34,337 When the car crashed through the gate, 99 00:04:34,407 --> 00:04:36,341 why didn't it set off an alarm? 100 00:04:36,510 --> 00:04:39,002 It did. But by the time we radioed the train... 101 00:04:39,079 --> 00:04:40,376 Why the slow response? 102 00:04:40,580 --> 00:04:42,742 Happened at shift change, 8:00 a.m. 103 00:04:43,016 --> 00:04:44,643 Yeah, sure. Coffee and danish, 104 00:04:44,718 --> 00:04:45,947 somebody reading the newspaper, 105 00:04:46,019 --> 00:04:47,453 nobody's paying attention to the monitors. 106 00:04:47,854 --> 00:04:49,151 Guy knew what he was doing. 107 00:04:49,990 --> 00:04:51,287 Pull it up a little closer. 108 00:04:53,660 --> 00:04:58,029 Well, somebody's in there, but I can't tell if he's black or white, young or old. 109 00:04:58,298 --> 00:04:59,959 Male or female, for that matter. 110 00:05:00,200 --> 00:05:02,362 Camera's set up to catch kids coming over the gate, 111 00:05:02,435 --> 00:05:05,200 trespassers, not cars crashing through it. 112 00:05:05,639 --> 00:05:07,903 Well, he crashed the gate at 8:00 straight up, right? 113 00:05:07,974 --> 00:05:08,964 FONTANA: Right. 114 00:05:09,042 --> 00:05:10,976 Collision with the train occurred at 8:03. 115 00:05:11,344 --> 00:05:12,607 He's cutting it pretty close. 116 00:05:12,679 --> 00:05:14,340 What time was the site secured? 117 00:05:14,447 --> 00:05:15,437 FONTANA: 8:20. 118 00:05:15,615 --> 00:05:17,242 So he had time to get away. 119 00:05:17,317 --> 00:05:18,910 How many ways out of the train yard? 120 00:05:19,352 --> 00:05:21,081 Couple of pedestrian gates, but they were locked. 121 00:05:21,188 --> 00:05:22,314 Security cameras? 122 00:05:22,389 --> 00:05:23,618 We've already looked at that footage. 123 00:05:23,690 --> 00:05:26,284 Nobody in or out of those gates, before or after. 124 00:05:26,593 --> 00:05:28,960 Maybe he walked out the way he came in. Right through there. 125 00:05:30,931 --> 00:05:33,525 He might still be in with the passengers hiding in plain sight. 126 00:05:33,600 --> 00:05:35,159 Parks the SUV on the tracks, 127 00:05:35,235 --> 00:05:36,566 sticks around to see what happens. 128 00:05:36,636 --> 00:05:37,694 All that chaos, who's gonna notice? 129 00:05:37,771 --> 00:05:40,604 Yeah, then they seal off the scene, 130 00:05:40,674 --> 00:05:43,143 he's stuck, gets processed with everyone else. 131 00:05:43,577 --> 00:05:46,512 We'll go back, see if they come across anybody that doesn't seem to fit. 132 00:05:50,217 --> 00:05:54,120 We've processed 100, roughly. Another 120 or so to go. 133 00:05:54,187 --> 00:05:55,848 What about the ones who went to hospitals? 134 00:05:56,223 --> 00:05:57,987 We'll follow up on them in a day or two. 135 00:05:58,058 --> 00:06:00,083 Do you get Aided reports on everybody? 136 00:06:00,160 --> 00:06:02,788 We're looking at IDs, addresses, 137 00:06:02,863 --> 00:06:05,230 dates of birth, where people got on, where they were headed. 138 00:06:05,298 --> 00:06:08,199 Tickets? If they got 'em. Lot of people don't. 139 00:06:08,535 --> 00:06:09,696 It's a commuter line. 140 00:06:10,470 --> 00:06:12,632 You ever ride it? Perish the thought. 141 00:06:13,039 --> 00:06:15,064 Yeah, we're pretty casual as far as tickets go. 142 00:06:15,542 --> 00:06:16,907 A lot of monthly passes. 143 00:06:17,244 --> 00:06:19,008 Is there anyone we should re-interview? 144 00:06:19,479 --> 00:06:21,038 Nobody on the train saw nothing. 145 00:06:21,348 --> 00:06:22,747 I mean, one minute they're cruising along 146 00:06:22,816 --> 00:06:24,443 like every other day, and the next... 147 00:06:24,651 --> 00:06:28,451 We were just wondering if one of the passengers wasn't a passenger at all. 148 00:06:29,823 --> 00:06:31,313 You mean the driver of the SUV? 149 00:06:32,492 --> 00:06:35,553 Anybody strikes us as wrong, we flag them, definitely. 150 00:06:37,030 --> 00:06:38,225 What's the latest tally? 151 00:06:38,565 --> 00:06:40,829 Last I heard, it's up to nine. 152 00:06:44,004 --> 00:06:44,994 (CELL PHONE RINGING) 153 00:06:45,672 --> 00:06:46,798 Fontana. 154 00:06:48,174 --> 00:06:49,437 Well, that's great. Thanks. 155 00:06:50,043 --> 00:06:51,101 They got the VIN number. 156 00:06:51,611 --> 00:06:53,136 What about prints? DNA? 157 00:06:53,313 --> 00:06:55,008 Come on, you don't want the whole thing handed to you 158 00:06:55,081 --> 00:06:56,412 on a silver platter, do you? 159 00:06:56,483 --> 00:06:58,679 Why not? A ground ball every once in a while? 160 00:07:00,287 --> 00:07:02,346 The SUV belongs to a guy named Lenny Thorne. 161 00:07:02,422 --> 00:07:03,719 Why does that name ring a bell? 162 00:07:03,790 --> 00:07:05,849 Date rape, a hung jury, mistrial. 163 00:07:05,926 --> 00:07:07,985 Right. The D.A.'s gonna retry that case. 164 00:07:08,061 --> 00:07:10,086 He even held a press conference to that effect. 165 00:07:10,163 --> 00:07:12,655 Guess who the A.D.A. was? Marc Nesoff. 166 00:07:13,033 --> 00:07:14,125 Should I know that name? 167 00:07:14,200 --> 00:07:16,635 Doesn't matter. Guess where he was yesterday morning? 168 00:07:16,703 --> 00:07:17,761 On the train? 169 00:07:17,837 --> 00:07:18,963 On his way into the office. 170 00:07:19,039 --> 00:07:20,507 FONTANA: Nesoff lives in Chappaqua. 171 00:07:20,573 --> 00:07:23,770 He takes the same train into Grand Central every day of the week. 172 00:07:23,843 --> 00:07:25,504 Wouldn't be hard for Thorne to figure that out. 173 00:07:25,812 --> 00:07:27,746 What do we know about this Mr. Thorne? 174 00:07:27,881 --> 00:07:30,509 Systems analyst, college educated creep. 175 00:07:30,583 --> 00:07:33,518 There was an earlier case, the woman dropped the criminal charges, 176 00:07:33,586 --> 00:07:36,283 she took a big civil settlement, his family paid her off. 177 00:07:36,356 --> 00:07:38,120 I'm not sure it's enough for a warrant. 178 00:07:38,191 --> 00:07:39,317 FONTANA: Well, it should be. 179 00:07:39,392 --> 00:07:41,190 Well, this is a terrorist investigation, right? 180 00:07:41,328 --> 00:07:42,318 As of now. 181 00:07:42,762 --> 00:07:45,288 Patriot Act. We've got more than enough to get a warrant under that. 182 00:07:47,300 --> 00:07:49,860 I assume he's armed and dangerous. 183 00:07:53,106 --> 00:07:54,369 Police! Freeze! 184 00:07:54,908 --> 00:07:57,172 FALCO: Get your hands up! Let me see your hands! 185 00:07:57,610 --> 00:07:58,634 OFFICER: Captain, clear. 186 00:07:58,712 --> 00:08:00,373 Hands on your head! On your knees! 187 00:08:00,447 --> 00:08:02,347 Shut yourmouth! Shut up! 188 00:08:02,415 --> 00:08:04,509 No problem. You heard the man, shut up! 189 00:08:04,985 --> 00:08:06,077 Detectives, we found this in the bedroom closet. 190 00:08:06,152 --> 00:08:08,314 It isn't mine. I have no idea how it got there. 191 00:08:08,388 --> 00:08:11,050 Man, don't even go there, we're not in the mood. 192 00:08:14,627 --> 00:08:15,685 I don't know. 193 00:08:15,762 --> 00:08:16,923 FONTANA: You don't know? 194 00:08:16,997 --> 00:08:17,987 Nope. I don't know. 195 00:08:18,064 --> 00:08:19,088 But it's your car. 196 00:08:19,165 --> 00:08:20,894 Must've been stolen. Did you report it? 197 00:08:20,967 --> 00:08:23,629 I didn't know it was gone, until y'all come crashing in my apartment. 198 00:08:23,803 --> 00:08:24,929 When was the last time you saw it? 199 00:08:25,005 --> 00:08:26,370 Couple days ago. 200 00:08:26,439 --> 00:08:28,066 Told you. Found a primo parking spot. 201 00:08:28,141 --> 00:08:29,404 Didn't have to move it until Tuesday. 202 00:08:30,043 --> 00:08:32,102 You stole some plates, you put them on your car, 203 00:08:32,178 --> 00:08:34,078 you drove the car onto the tracks, 204 00:08:34,147 --> 00:08:36,081 derailing the train, and killing 10... 205 00:08:36,149 --> 00:08:37,173 Twelve. 206 00:08:37,250 --> 00:08:38,740 Twelve people and injuring God knows how many others. 207 00:08:38,818 --> 00:08:39,808 Wasn't me. 208 00:08:39,886 --> 00:08:41,285 You know who was on that train? 209 00:08:41,354 --> 00:08:42,719 No idea, man. 210 00:08:43,623 --> 00:08:45,113 Marc Nesoff. 211 00:08:47,694 --> 00:08:48,786 Nesoffthe D.A.? 212 00:08:49,629 --> 00:08:50,994 No way. Way. 213 00:08:52,465 --> 00:08:53,455 He hurt? 214 00:08:53,533 --> 00:08:55,501 Too bad for you, no, he wasn't. 215 00:08:56,169 --> 00:08:59,366 That's quite a coincidence that your car derails the train that Nesoff was on. 216 00:09:00,673 --> 00:09:02,232 All it is. A coincidence. 217 00:09:02,342 --> 00:09:04,071 Oh, no, Lenny. It's much more than that. 218 00:09:04,778 --> 00:09:06,303 It's called motive. 219 00:09:06,379 --> 00:09:09,212 M-O-T-I-V-E. Motive. 220 00:09:09,282 --> 00:09:11,546 I'm not worried about the retrial 221 00:09:11,618 --> 00:09:13,313 if that's why you think I did this. 222 00:09:13,953 --> 00:09:16,923 You tied that girl up in her own apartment, you raped her at gunpoint. 223 00:09:17,023 --> 00:09:19,014 It was a game. She asked me to. 224 00:09:19,559 --> 00:09:21,220 Is that how she wound up in the hospital? Playing a game? 225 00:09:21,294 --> 00:09:25,288 They got you cold on rape, sodomy, false imprisonment. 226 00:09:25,398 --> 00:09:27,366 I'll beat the next one same as I beat the first trial. 227 00:09:28,034 --> 00:09:31,095 A mistrial? Hung jury? You won't get that lucky again. 228 00:09:31,638 --> 00:09:33,037 Luck had nothing to do with it. 229 00:09:33,106 --> 00:09:36,440 All I need is one girl on that jury to make eye contact with. 230 00:09:39,946 --> 00:09:41,311 You're not that charming. 231 00:09:42,082 --> 00:09:44,176 I just convince her I could never have done 232 00:09:44,250 --> 00:09:46,514 such a nasty thing as they claim I did. 233 00:09:47,220 --> 00:09:49,382 She looks in my eyes and she knows. 234 00:09:49,656 --> 00:09:51,181 I'm not that kind of guy. 235 00:09:59,299 --> 00:10:01,461 He's a cocky bastard. 236 00:10:01,534 --> 00:10:03,161 The guy's a piece of work. 237 00:10:03,336 --> 00:10:04,531 So what do you think? 238 00:10:04,604 --> 00:10:05,833 Oh, I like him a lot for it. 239 00:10:05,905 --> 00:10:10,069 I think he looks good. Means, motive, opportunity, he's got no alibi to speak of. 240 00:10:10,143 --> 00:10:11,201 (KNOCKING AT DOOR) 241 00:10:12,178 --> 00:10:14,442 Sorry to disturb you, Loo. Lab said it was urgent. 242 00:10:14,514 --> 00:10:15,948 Thanks. 243 00:10:16,015 --> 00:10:19,110 Well, they got two sets of prints on the steering wheel, 244 00:10:19,185 --> 00:10:21,176 Thorne's and someone who's not in the system. 245 00:10:21,254 --> 00:10:22,244 Doesn't mean anything. 246 00:10:22,889 --> 00:10:26,154 He's right. He could have loaned his car to a friend a week ago, or a month ago. 247 00:10:26,759 --> 00:10:28,420 Well, better to put it to rest anyway. 248 00:10:28,495 --> 00:10:29,792 Go on over to Intel, 249 00:10:29,863 --> 00:10:31,888 see if they've finished checking backgrounds on the passengers. 250 00:10:32,899 --> 00:10:35,766 What about Prince Charming here? We were just getting started. 251 00:10:36,269 --> 00:10:37,668 I'll take care of him. 252 00:10:42,642 --> 00:10:45,839 Post 9111, we do more terrorism than drug work, truthfully. 253 00:10:46,146 --> 00:10:51,243 We have agents from Customs, Immigration, NYPD, DEA, IRS, FBI, 254 00:10:51,317 --> 00:10:52,614 and access to all their systems. 255 00:10:53,052 --> 00:10:55,214 Do you think that this was a terrorist attack? 256 00:10:55,522 --> 00:10:57,684 At first I thought, "Okay, here we go." 257 00:10:57,924 --> 00:10:59,050 But it's been quiet, 258 00:10:59,425 --> 00:11:00,790 no chatter, no other incidents. 259 00:11:00,860 --> 00:11:04,296 We're starting to be reasonably confident this was an isolated criminal act only. 260 00:11:04,864 --> 00:11:06,161 We hear you have a suspect in custody. 261 00:11:06,232 --> 00:11:07,495 Yeah, it looks good for us. 262 00:11:07,867 --> 00:11:08,993 But there's a second set of prints. 263 00:11:09,302 --> 00:11:11,737 We all know fingerprints don't come with a time stamp. 264 00:11:11,871 --> 00:11:14,033 You complete the backgrounds on all the Aideds yet? 265 00:11:14,140 --> 00:11:15,835 Yeah. Anybodyjump outatyou? 266 00:11:16,142 --> 00:11:17,337 Aside from the faked injuries, 267 00:11:17,410 --> 00:11:20,471 in anticipation of a big insurance settlement with the railroad? 268 00:11:20,713 --> 00:11:21,908 People are amazing. 269 00:11:21,981 --> 00:11:24,177 Hey, you have to answer when opportunity knocks. 270 00:11:24,717 --> 00:11:27,482 Twelve men between the ages of 16 and 75 271 00:11:27,554 --> 00:11:29,613 who had no ticket stub, no monthly pass, 272 00:11:29,689 --> 00:11:31,316 couldn't remember where they boarded the train, 273 00:11:31,391 --> 00:11:34,292 or had an inappropriate address relative to their station stop. 274 00:11:34,360 --> 00:11:35,521 You run 'em? 275 00:11:35,628 --> 00:11:38,120 No criminal records, not on any watch list. Four were vets, 276 00:11:38,198 --> 00:11:40,997 we had BCI do a comparison against the second set of prints, 277 00:11:41,067 --> 00:11:42,535 eliminated them right away. 278 00:11:43,570 --> 00:11:46,005 Here are the other eight, for what it's worth. 279 00:11:47,106 --> 00:11:48,801 Thank you very much. My pleasure. 280 00:11:50,977 --> 00:11:52,467 Well, two of them live uptown, 281 00:11:52,545 --> 00:11:54,877 near where Thorne says his SUV was stolen. 282 00:11:54,948 --> 00:11:57,747 This list assumes these guys had real IDs. 283 00:11:58,351 --> 00:12:01,184 But let's say that the driver is not a terrorist. 284 00:12:01,688 --> 00:12:03,383 He stays around too long, he gets stuck there. 285 00:12:03,756 --> 00:12:04,882 Has to show his real ID. 286 00:12:04,958 --> 00:12:06,187 What have we got to lose? 287 00:12:07,193 --> 00:12:09,025 I was visiting my girlfriend. 288 00:12:09,495 --> 00:12:12,123 You told the detective you boarded the train at Purchase. 289 00:12:12,265 --> 00:12:14,393 I was confused, okay? Freaked out. 290 00:12:14,467 --> 00:12:18,301 I hit my head in the crash, I was groggy, okay? I kept saying Purchase, 291 00:12:18,371 --> 00:12:19,600 I meant White Plains. 292 00:12:19,672 --> 00:12:21,470 My girlfriend goes to Purchase, 293 00:12:21,541 --> 00:12:23,441 her folks live in White Plains, okay? 294 00:12:23,943 --> 00:12:25,775 Would you watch your tone of voice with us, please? 295 00:12:27,313 --> 00:12:28,838 What are you, my parents? 296 00:12:34,988 --> 00:12:38,014 If you don't stop acting like a tough guy right now, 297 00:12:38,091 --> 00:12:41,721 I'm gonna take you over my knee and I'm gonna spank you 298 00:12:41,794 --> 00:12:43,592 in front of all of your friends. 299 00:12:44,664 --> 00:12:46,029 You get the message? 300 00:12:46,733 --> 00:12:47,757 Sorry. 301 00:12:52,705 --> 00:12:54,673 You showed the detective a student ID? 302 00:12:55,041 --> 00:12:56,600 Yeah. We need to see it. 303 00:12:56,709 --> 00:12:58,177 Uh, sure. 304 00:12:58,244 --> 00:13:01,214 I already told the cops I didn't see anything before the crash. 305 00:13:01,281 --> 00:13:02,806 Police officers. What? 306 00:13:02,882 --> 00:13:04,543 "Cops" it's an offensive term. 307 00:13:04,617 --> 00:13:06,984 Oh. Okay. I didn't know. 308 00:13:07,053 --> 00:13:08,179 Now you do. 309 00:13:10,089 --> 00:13:11,318 Okay, we're gonna have to copy this 310 00:13:11,391 --> 00:13:13,723 see if it's authentic, these are easy to fake. 311 00:13:13,793 --> 00:13:15,693 Oh, man I need it to get into the Student Union. 312 00:13:15,762 --> 00:13:17,230 How am I gonna get dinner? 313 00:13:17,463 --> 00:13:19,955 You don't have anything else? Passport? Driver's license? 314 00:13:20,867 --> 00:13:21,857 Neither one. 315 00:13:21,934 --> 00:13:23,629 FONTANA: How come you don't have a driver's license? 316 00:13:23,836 --> 00:13:24,997 I don't drive. 317 00:13:25,071 --> 00:13:26,630 You don't know how to drive a car? 318 00:13:27,140 --> 00:13:29,973 This is New York City, never had to learn. 319 00:13:30,043 --> 00:13:32,774 I'm a third generation, no driver's license New Yorker. 320 00:13:34,080 --> 00:13:35,605 No driver's license. No passport. 321 00:13:35,682 --> 00:13:37,480 So if we said to you, "Don't leave town." 322 00:13:37,583 --> 00:13:38,846 Wouldn't dream of it. 323 00:13:42,922 --> 00:13:45,482 "Dave Buckley, 35. Construction worker, 324 00:13:45,558 --> 00:13:47,390 "cuts and bruises, treated at the scene." 325 00:13:47,727 --> 00:13:49,661 Well, at least this guy has a driver's license. 326 00:13:50,330 --> 00:13:51,661 I'd like to get done with this thing, 327 00:13:51,731 --> 00:13:53,256 have another go at Lenny Thorne. 328 00:13:53,533 --> 00:13:54,728 So would I. 329 00:13:56,369 --> 00:13:57,666 BUCKLEY: Who is it? 330 00:13:57,737 --> 00:14:00,104 New York City Police Department, Mr. Buckley. 331 00:14:00,173 --> 00:14:01,470 Hang on a second. 332 00:14:03,509 --> 00:14:04,999 Hey, yeah, come on in. 333 00:14:07,780 --> 00:14:11,080 Sorry about the mess. I'm not much of a housekeeper. 334 00:14:11,351 --> 00:14:12,785 Let me clear you a spot here. 335 00:14:13,086 --> 00:14:14,884 That's okay, we won't be here that long. 336 00:14:14,954 --> 00:14:17,548 We just wanted to ask you a few more questions about the train. 337 00:14:18,291 --> 00:14:19,725 Looks like you've got cut up a little bit. 338 00:14:19,792 --> 00:14:22,022 Uh, yeah, you know, flying glass. 339 00:14:22,228 --> 00:14:23,218 You got kids? 340 00:14:23,629 --> 00:14:26,963 Yeah, that's my daughter. She's six going on 16. 341 00:14:27,200 --> 00:14:30,864 I know what you mean. I got two, a boy and a girl, three and six, also. 342 00:14:31,337 --> 00:14:34,898 Yeah, those little girls, they're the best, though, huh? That father-daughter thing? 343 00:14:34,974 --> 00:14:35,964 Oh, it's great. 344 00:14:36,042 --> 00:14:38,602 Yeah I wish I could freeze her just at that age, you know? 345 00:14:38,678 --> 00:14:39,736 You divorced? 346 00:14:39,812 --> 00:14:40,802 Separated. 347 00:14:42,081 --> 00:14:44,778 You know, just a temporary thing. 348 00:14:45,151 --> 00:14:46,312 You know how it is. 349 00:14:47,420 --> 00:14:49,354 Up and downs, we'll work it out. 350 00:14:50,089 --> 00:14:51,079 Your wrist. 351 00:14:51,557 --> 00:14:52,581 Huh? 352 00:14:52,658 --> 00:14:53,887 Your wrist is bleeding. 353 00:14:55,161 --> 00:14:57,027 Oh, yeah. I don't know why that keeps doing that. 354 00:14:57,663 --> 00:14:58,653 Did that happen at the wreck? 355 00:14:58,731 --> 00:15:00,199 Yeah, yeah. 356 00:15:00,500 --> 00:15:02,696 They should've taken you to the hospital, had it sewn up. 357 00:15:02,769 --> 00:15:05,170 Yeah, they wanted to, but I... 358 00:15:05,872 --> 00:15:07,567 But what? You refused medical aid? 359 00:15:08,975 --> 00:15:10,272 I don't have insurance. 360 00:15:10,610 --> 00:15:11,805 Uh-huh. 361 00:15:17,383 --> 00:15:18,373 That looks pretty fresh. 362 00:15:19,752 --> 00:15:20,878 Yeah, well, I had it butterflied. 363 00:15:20,953 --> 00:15:22,682 Yeah, I guess it probably busted loose. 364 00:15:23,222 --> 00:15:24,781 I want to take a look at that. 365 00:15:37,770 --> 00:15:39,135 Oh, yeah. 366 00:15:41,474 --> 00:15:42,873 Yeah. It's gonna need a fresh bandage. 367 00:15:43,476 --> 00:15:45,205 Yeah, there's some gauze over there. 368 00:15:45,778 --> 00:15:47,109 Nick? Yeah? 369 00:15:55,922 --> 00:15:58,948 This is not right. This is not right at all. 370 00:16:00,593 --> 00:16:01,583 What do you mean? 371 00:16:02,395 --> 00:16:04,363 This wasn't caused by flying glass. 372 00:16:05,498 --> 00:16:06,897 Yeah, it is. Sure it was. 373 00:16:07,767 --> 00:16:09,394 No, it's too clean. 374 00:16:10,903 --> 00:16:12,393 This was caused by a blade. 375 00:16:12,472 --> 00:16:14,770 You cut yourself. You slashed your wrist. 376 00:16:15,174 --> 00:16:16,437 L--- 377 00:16:16,509 --> 00:16:17,499 Nick? 378 00:16:17,777 --> 00:16:19,336 That's a blade cut. No question. 379 00:16:21,481 --> 00:16:22,573 Why would you do that? 380 00:16:22,648 --> 00:16:23,638 I don't know. 381 00:16:23,916 --> 00:16:25,247 Well, you're gonna need a doctor. 382 00:16:26,285 --> 00:16:27,514 I don't know why... 383 00:16:29,589 --> 00:16:31,079 Why would you do such a thing, David? 384 00:16:32,792 --> 00:16:33,953 David? 385 00:16:38,364 --> 00:16:39,832 I didn't mean to hurt anybody. 386 00:16:43,669 --> 00:16:45,228 I didn't mean to kill anybody. 387 00:16:46,639 --> 00:16:47,834 You killed 12 people. 388 00:16:49,642 --> 00:16:50,837 (CRYING) 389 00:16:57,683 --> 00:16:58,809 I'm sorry. 390 00:17:00,386 --> 00:17:01,649 (sums) 391 00:17:02,288 --> 00:17:04,188 I just meant to kill myself. 392 00:17:07,059 --> 00:17:08,754 You wanna give us a statement now? 393 00:17:10,296 --> 00:17:11,923 Sure. Why not? 394 00:17:25,111 --> 00:17:26,545 You think he's for real? 395 00:17:26,612 --> 00:17:29,081 Do I think he really meant to commit suicide 396 00:17:29,148 --> 00:17:31,913 when he put that SUV in front of the train? 397 00:17:31,984 --> 00:17:34,919 I don't know. What difference does it make? 398 00:17:35,321 --> 00:17:37,119 It might influence how he's charged. 399 00:17:37,189 --> 00:17:41,251 His DNA's in that vehicle, his prints are on the steering wheel, 400 00:17:41,327 --> 00:17:42,556 his signature's on the confession. 401 00:17:43,129 --> 00:17:44,153 Is it bullet proof? 402 00:17:44,230 --> 00:17:45,629 Witnessed, videotaped. 403 00:17:46,999 --> 00:17:48,057 Wish there'd been a lawyer there. 404 00:17:48,467 --> 00:17:50,094 He didn't want one. 405 00:17:50,169 --> 00:17:53,298 Look,lhope you're charging him with 12 counts of murder one, 406 00:17:53,372 --> 00:17:55,568 two hundred and fifty counts of attempted murder, 407 00:17:55,641 --> 00:17:57,905 and whatever else you can throw at him. 408 00:17:57,977 --> 00:17:59,877 I was at the scene, Counselor. 409 00:18:00,680 --> 00:18:05,049 And if this case doesn't help bring back the death penalty in New York State, 410 00:18:05,117 --> 00:18:07,017 I don't know what will. 411 00:18:08,521 --> 00:18:10,489 It's hard to know where to begin with Mr. Buckley. 412 00:18:11,324 --> 00:18:13,793 I think we can hold the multitude of lesser counts in reserve. 413 00:18:14,894 --> 00:18:17,386 So the question is, which theory of murder two? 414 00:18:17,563 --> 00:18:19,622 Well, why wouldn't you hedge your bets and charge both? 415 00:18:20,032 --> 00:18:22,330 Well, until recently, that's exactly what we'd do. 416 00:18:22,401 --> 00:18:24,768 There was a red alert ruling last year People v. Payne. 417 00:18:25,237 --> 00:18:26,534 I'm not familiar with it. 418 00:18:26,872 --> 00:18:29,705 The defendant shot the victim in the stomach with a shotgun. 419 00:18:29,775 --> 00:18:31,368 There was some question about why, 420 00:18:31,444 --> 00:18:34,004 so we charged him with both theories of murder two. 421 00:18:34,647 --> 00:18:38,015 Thejury acquitted on intentional, convicted on depraved indifference. 422 00:18:38,384 --> 00:18:40,751 So the strategy worked, you got your fallback position. 423 00:18:40,886 --> 00:18:44,220 The Court of Appeals overturned the depraved indifference conviction. 424 00:18:44,290 --> 00:18:45,348 Insufficient evidence. 425 00:18:46,592 --> 00:18:48,560 And since he'd already been acquitted of intentional... 426 00:18:48,628 --> 00:18:49,754 JACK: He walked. 427 00:18:49,829 --> 00:18:51,695 I think we go with depraved. 428 00:18:51,998 --> 00:18:53,591 Take the classic law school example, 429 00:18:53,666 --> 00:18:56,067 throwing open the lion's cage in a crowded zoo, 430 00:18:56,135 --> 00:18:57,466 without regard for the consequences. 431 00:18:57,837 --> 00:18:59,703 That's exactly what he did, isn't it? 432 00:19:00,539 --> 00:19:01,734 I'll draw up the indictment. 433 00:19:01,974 --> 00:19:03,840 JACK: Who's his lawyer? Legal aid? 434 00:19:03,909 --> 00:19:07,402 Someone just agreed to represent him, pro bono, a Rodney Fallon. 435 00:19:08,147 --> 00:19:09,239 You know him? 436 00:19:10,883 --> 00:19:12,282 Let's arrange a meeting. 437 00:19:13,986 --> 00:19:17,354 My intent to file an affirmative defense. 438 00:19:21,927 --> 00:19:24,055 Not guilty by reason of insanity. 439 00:19:24,330 --> 00:19:27,493 This is a textbook example of depraved indifference. 440 00:19:28,134 --> 00:19:31,160 And given that less than one percent of insanity defenses succeed... 441 00:19:31,404 --> 00:19:33,498 It's still on the books, it ought to have some validity. 442 00:19:33,572 --> 00:19:36,906 The public doesn't believe in insanity defenses anymore. Look at Andrea Yates. 443 00:19:37,143 --> 00:19:39,475 If a woman who drowns her four children isn't crazy, who is? 444 00:19:39,745 --> 00:19:41,679 That's Texas, this is New York City. 445 00:19:41,747 --> 00:19:44,409 I don't think there's a red statefblue state schism on this issue. 446 00:19:44,483 --> 00:19:46,884 We have every confidence of prevailing in front of ajury. 447 00:19:46,952 --> 00:19:49,819 The jury is gonna see a very sympathetic man, Miss Borgia, not a monster. 448 00:19:50,656 --> 00:19:52,852 Someone who deserves treatment, not punishment. 449 00:19:53,225 --> 00:19:54,283 What are you looking for? 450 00:19:54,360 --> 00:19:55,350 Man two. 451 00:19:56,162 --> 00:19:57,152 Are you joking? 452 00:19:57,663 --> 00:19:59,688 Fifteen years, each count. To be served concurrently. 453 00:19:59,799 --> 00:20:02,131 As if he'd killed one person and not 12? 454 00:20:02,201 --> 00:20:04,226 That was his intent. One person: himself. 455 00:20:04,303 --> 00:20:07,500 I share my colleague's distaste for your proposal. 456 00:20:08,340 --> 00:20:09,603 Well, make me a counter. 457 00:20:10,476 --> 00:20:12,274 You shouldn't mislead your client, Mr. Fallon. 458 00:20:12,344 --> 00:20:14,574 He's going to prison for the rest of his life. 459 00:20:14,880 --> 00:20:16,211 That's no incentive. 460 00:20:17,516 --> 00:20:20,315 We understand he has a large extended family. 461 00:20:20,519 --> 00:20:22,817 We'll recommend that he serve his sentence in a downstate penitentiary. 462 00:20:24,156 --> 00:20:25,146 No sale. 463 00:20:27,560 --> 00:20:29,028 We'll schedule a 730 exam. 464 00:20:29,895 --> 00:20:33,126 I have no doubt heWlbejudged competent to stand trial. 465 00:20:33,499 --> 00:20:34,523 No doubt. 466 00:20:35,468 --> 00:20:37,334 As you say, Miss Borgia, 467 00:20:37,803 --> 00:20:41,239 these days everyone's competent to stand trial, 468 00:20:41,307 --> 00:20:42,536 no matter how crazy they are. 469 00:20:48,380 --> 00:20:51,247 JACK: The defendant stole an SUV, 470 00:20:52,051 --> 00:20:54,019 crashed it through a security gate, 471 00:20:54,620 --> 00:20:58,181 and left it directly in the path of a high-speed commuter train 472 00:20:58,257 --> 00:20:59,918 full of people on their way to work. 473 00:21:00,993 --> 00:21:02,483 He killed 12, 474 00:21:03,062 --> 00:21:05,588 injured more than a hundred and fifty others. 475 00:21:06,098 --> 00:21:07,725 Some of them sustained injuries 476 00:21:07,800 --> 00:21:09,859 that will cripple them for the rest of their lives. 477 00:21:10,269 --> 00:21:12,966 He put every single person on that train at risk. 478 00:21:14,140 --> 00:21:15,767 Why he did it 479 00:21:15,841 --> 00:21:17,331 is irrelevant. 480 00:21:18,177 --> 00:21:19,645 That he did it 481 00:21:19,712 --> 00:21:21,111 is incontrovertible. 482 00:21:21,781 --> 00:21:23,681 And ultimately, the only thing that matters. 483 00:21:37,263 --> 00:21:39,357 The deed speaks for itself. 484 00:21:39,698 --> 00:21:41,496 Davey Buckley was out of his mind. 485 00:21:42,268 --> 00:21:44,498 He wasn't thinking about the consequences of his actions. 486 00:21:44,570 --> 00:21:45,560 He couldn't. 487 00:21:45,971 --> 00:21:48,201 He was focused solely 488 00:21:48,274 --> 00:21:50,709 on the insane act of taking his own life. 489 00:21:53,345 --> 00:21:56,212 Davey Buckley has atroubled history 490 00:21:56,282 --> 00:21:59,183 of behaviors that point to an undiagnosed mental illness. 491 00:22:00,486 --> 00:22:01,476 Depression. 492 00:22:02,488 --> 00:22:03,785 Bipolar disorder. 493 00:22:04,824 --> 00:22:06,292 He never had the resources 494 00:22:06,358 --> 00:22:07,348 to get the help he needed. 495 00:22:07,827 --> 00:22:09,226 He fell through the cracks. 496 00:22:09,295 --> 00:22:11,627 Davey Buckley was an accident waiting to happen. 497 00:22:12,932 --> 00:22:15,799 Now, you and I know that there is no safety net for the working poor. 498 00:22:16,435 --> 00:22:19,700 If he was rich, or even middle class, 499 00:22:19,772 --> 00:22:21,467 this never would have occurred. 500 00:22:23,309 --> 00:22:27,337 Davey Buckley is not criminally responsible for that tragic accident. 501 00:22:32,918 --> 00:22:36,013 He timed his arrival at the security gate with the shift change 502 00:22:36,088 --> 00:22:37,715 at the monitoring station, 503 00:22:37,790 --> 00:22:39,315 so there was minimal opportunity 504 00:22:39,391 --> 00:22:41,587 to alert the crew and avert the collision. 505 00:22:42,595 --> 00:22:44,461 How would you characterize his actions? 506 00:22:44,663 --> 00:22:45,721 Objection. 507 00:22:45,898 --> 00:22:48,924 The witness has no insight as to Mr. Buckley's state of mind. 508 00:22:49,802 --> 00:22:50,792 Mr. McCoy? 509 00:22:52,438 --> 00:22:54,270 Detective, 510 00:22:54,340 --> 00:22:56,001 did you form an opinion 511 00:22:56,075 --> 00:22:58,874 about the expertise and efficacy 512 00:22:58,944 --> 00:23:02,380 of the defendant's criminal activities in relation to this incident? 513 00:23:03,415 --> 00:23:06,441 Highly organized, well planned, well executed. 514 00:23:07,052 --> 00:23:09,919 What about the defendant's actions after the crash? 515 00:23:10,456 --> 00:23:11,981 He remained at the scene, 516 00:23:12,057 --> 00:23:14,185 mingled in with the real passengers, 517 00:23:14,260 --> 00:23:18,629 he used a pocket knife to inflict some superficial wounds to his hands and arms, 518 00:23:18,697 --> 00:23:20,426 he was treated by medical personnel, 519 00:23:20,499 --> 00:23:21,489 and released. 520 00:23:21,634 --> 00:23:23,159 JACK: How do you interpret those actions? 521 00:23:23,769 --> 00:23:26,329 He was trying to blend in, get away like any other hit and runner. 522 00:23:26,538 --> 00:23:27,528 Objection! 523 00:23:27,840 --> 00:23:28,830 Sustained. 524 00:23:35,948 --> 00:23:37,541 You arrested Mr. Buckley? 525 00:23:37,750 --> 00:23:38,842 Yes. 526 00:23:39,952 --> 00:23:40,942 Interrogated him? 527 00:23:41,220 --> 00:23:43,382 I interviewed him, yes. Me and my partner. 528 00:23:43,822 --> 00:23:44,948 He confessed? 529 00:23:45,357 --> 00:23:47,519 He voluntarily gave us a statement, yes. 530 00:23:48,394 --> 00:23:49,589 And after he confessed? 531 00:23:50,195 --> 00:23:51,788 We processed him through the system. 532 00:23:52,298 --> 00:23:54,164 Did you make any special arrangements for Mr. Buckley? 533 00:23:56,101 --> 00:23:57,262 Special arrangements? 534 00:23:57,603 --> 00:23:59,799 Given the circumstances surrounding this incident. 535 00:24:01,206 --> 00:24:04,198 Were any special precautions taken regarding his incarceration? 536 00:24:08,047 --> 00:24:11,017 He was placed on 24 hour suicide watch. 537 00:24:17,756 --> 00:24:19,155 How do you think it's going? 538 00:24:19,458 --> 00:24:21,119 I think we put on a strong case. 539 00:24:23,362 --> 00:24:24,989 You think Fallon scored any points? 540 00:24:25,230 --> 00:24:28,530 The fact that the police put Davey Buckley on a suicide watch? 541 00:24:28,600 --> 00:24:29,726 A reasonable precaution. 542 00:24:30,836 --> 00:24:33,203 I was going over their witness list for tomorrow. 543 00:24:33,839 --> 00:24:36,934 There's a neighborhood storefront clinic doctor, and an expert for hire. 544 00:24:37,609 --> 00:24:40,544 Who probably spent all of an hour with Davey Buckley, 545 00:24:41,313 --> 00:24:45,375 but will tell us that he had a troubled childhood and he's clinically insane. 546 00:24:46,385 --> 00:24:48,479 And what about this neighborhood doctor? What is that about? 547 00:24:48,654 --> 00:24:52,113 Fallon's not interested in rehabilitating the insanity defense. 548 00:24:52,858 --> 00:24:54,792 He's using this as a soapbox. 549 00:24:55,027 --> 00:24:57,155 Mental health benefits for the working poor. 550 00:24:58,097 --> 00:24:59,656 That could resonate with the jury. 551 00:24:59,898 --> 00:25:02,367 Middle class people are worried about losing their health insurance. 552 00:25:02,601 --> 00:25:04,091 This isn't about that. 553 00:25:04,436 --> 00:25:06,598 I'm not going to let Fallon distract them. 554 00:25:11,410 --> 00:25:12,707 FALLON: Well, according to these records, 555 00:25:12,778 --> 00:25:14,405 Davey Buckley came to your clinic three times. 556 00:25:15,180 --> 00:25:16,204 If that's what it says. 557 00:25:16,548 --> 00:25:19,279 In fact, he saw a different doctor each time. 558 00:25:19,785 --> 00:25:21,150 Do you remember what his symptoms were? 559 00:25:21,754 --> 00:25:22,880 I'd have to look at the file. 560 00:25:23,122 --> 00:25:24,453 Depression. 561 00:25:24,723 --> 00:25:26,452 Do you remember what you prescribed for him? 562 00:25:26,592 --> 00:25:28,390 Again, without refreshing my memory... 563 00:25:28,460 --> 00:25:29,450 Haldol. 564 00:25:30,095 --> 00:25:31,290 If that's what it says. 565 00:25:31,363 --> 00:25:32,353 That's exactly what it says. 566 00:25:33,232 --> 00:25:35,530 How much Haldol did you prescribe for Mr. Buckley? 567 00:25:36,135 --> 00:25:37,364 Do you remember? 568 00:25:37,436 --> 00:25:39,063 A year's worth? A month's worth? 569 00:25:39,805 --> 00:25:41,398 It would have been less than that. 570 00:25:41,807 --> 00:25:43,969 Four or five day's worth, at the most. 571 00:25:45,411 --> 00:25:48,142 Did you ever do any follow up with Mr. Buckley, to see how he was doing? 572 00:25:48,380 --> 00:25:51,372 We don't do follow up. We don't have the resources. 573 00:25:53,118 --> 00:25:54,415 Are you a psychiatrist? 574 00:25:55,287 --> 00:25:56,277 No. 575 00:25:56,755 --> 00:26:00,385 Have you ever had any training in psychiatry or psychology? 576 00:26:00,759 --> 00:26:02,955 Just the standard six-week rotation. 577 00:26:03,162 --> 00:26:07,121 Yet, you felt competent in diagnosing Mr. Buckley as depressed? 578 00:26:08,067 --> 00:26:09,728 He diagnosed himself. 579 00:26:10,002 --> 00:26:12,300 If a patient tells me he's depressed... 580 00:26:12,371 --> 00:26:13,463 You give him Haldol. 581 00:26:13,539 --> 00:26:15,735 Three or four day's worth. 582 00:26:18,177 --> 00:26:19,508 Why do people come to your clinic? 583 00:26:20,279 --> 00:26:21,542 It's in the neighborhood. 584 00:26:21,814 --> 00:26:22,804 Inexpensive. 585 00:26:23,515 --> 00:26:24,812 If people don't have insurance... 586 00:26:24,883 --> 00:26:27,409 In other words, they come because they have no other choice. 587 00:26:27,953 --> 00:26:31,014 We do the best we can, under the circumstances. 588 00:26:31,356 --> 00:26:33,324 Did Davey Buckley have insurance? 589 00:26:34,693 --> 00:26:37,219 No... He didn't. 590 00:26:37,896 --> 00:26:39,830 Do you think he would have come to your clinic if he had? 591 00:26:41,100 --> 00:26:42,158 Probably not. 592 00:26:48,674 --> 00:26:51,974 Are there circumstances under which you would have sent Mr. Buckley 593 00:26:52,044 --> 00:26:54,138 to another facility for further care? 594 00:26:54,613 --> 00:26:58,550 Sure. If he exhibited severe symptoms, of course we would have. 595 00:26:59,017 --> 00:27:00,007 Thank you. 596 00:27:00,752 --> 00:27:01,742 Redirect, Your Honor? 597 00:27:01,987 --> 00:27:02,977 Go ahead. 598 00:27:05,724 --> 00:27:08,557 Isn't it true, Doctor, that there is an unspoken policy at your clinic? 599 00:27:08,627 --> 00:27:09,617 Objection! 600 00:27:09,828 --> 00:27:11,489 Well, if there was an understanding, 601 00:27:11,563 --> 00:27:13,122 certainly the witness can speak to it. 602 00:27:13,565 --> 00:27:14,555 Overruled. 603 00:27:15,334 --> 00:27:17,132 Isn't it your understanding, Doctor, 604 00:27:17,302 --> 00:27:20,533 that whenever possible you're to throw cheap drugs at a patient 605 00:27:20,606 --> 00:27:22,904 and not send them to the hospital for further treatment? 606 00:27:23,142 --> 00:27:25,736 That is a gross overstatement. 607 00:27:26,478 --> 00:27:27,468 Really? 608 00:27:28,347 --> 00:27:30,441 Well, if you say so. 609 00:27:35,287 --> 00:27:36,277 JUDGE: Mr. Fallon? 610 00:27:36,922 --> 00:27:37,912 (INDISTINCT CHATTERING) 611 00:27:39,424 --> 00:27:41,017 Mr. Fallon, please call your next witness. 612 00:27:42,427 --> 00:27:45,761 Yes, I'd like to call expert witness, Dr. Sheldon Farnes. 613 00:27:45,864 --> 00:27:48,629 That's not. No. I don't agree with that, I don't want you to. 614 00:27:48,734 --> 00:27:50,566 JUDGE: Mr. Buckley that is not appropriate. 615 00:27:50,802 --> 00:27:51,894 I'm sorry, Your Honor. 616 00:27:51,970 --> 00:27:54,098 Davey, please. I don't agree to this. Not at all. 617 00:27:54,173 --> 00:27:56,471 Mr. Fallon, please remind your client this is a court of law... 618 00:27:56,542 --> 00:27:58,510 He's not my lawyer anymore. Davey. 619 00:27:58,577 --> 00:28:00,170 No, I'm firing him, YourHonoL Davey, please. 620 00:28:00,712 --> 00:28:02,578 FALLON: Your Honor, can we recess for a few minutes, please? 621 00:28:02,648 --> 00:28:04,173 I want to represent myself, Your Honor. 622 00:28:05,050 --> 00:28:07,178 That is not wise, Mr. Buckley. 623 00:28:07,419 --> 00:28:08,853 I want to change my plea, too. 624 00:28:10,055 --> 00:28:11,352 You wish to plead guilty? 625 00:28:12,057 --> 00:28:13,047 Not guilty. 626 00:28:13,192 --> 00:28:14,921 I wish to plead not guilty. 627 00:28:15,694 --> 00:28:16,889 I don't understand, what... 628 00:28:16,962 --> 00:28:18,828 No insanity, uh... 629 00:28:19,865 --> 00:28:21,663 You know, just not guilty. 630 00:28:29,575 --> 00:28:32,601 What the hell happened between close of court yesterday and this morning? 631 00:28:32,678 --> 00:28:34,976 Why Davey Buckley's sudden change of heart? 632 00:28:35,280 --> 00:28:36,839 Ichecked the visitor's log at Rikers. 633 00:28:36,915 --> 00:28:38,815 His brother Thomas paid him a visit last night. 634 00:28:38,884 --> 00:28:40,978 So I called Thomas, I asked him what they talked about. 635 00:28:41,186 --> 00:28:42,847 He said he just tried to cheer Davey up. 636 00:28:43,021 --> 00:28:44,580 Told him how well things were going, 637 00:28:45,524 --> 00:28:47,618 what a great job Fallon was doing, 638 00:28:47,726 --> 00:28:49,990 how persuasive their expert witness would be. 639 00:28:50,162 --> 00:28:51,152 More or less. 640 00:28:51,230 --> 00:28:53,289 Maybe brother Thomas was too convincing. 641 00:28:53,966 --> 00:28:57,266 Buckley's starting to believe that Fallon's strategy might actually work. 642 00:28:57,869 --> 00:28:58,859 I don't follow you. 643 00:28:59,404 --> 00:29:02,101 If Davey Buckley is acquitted by reason of insanity, 644 00:29:02,174 --> 00:29:03,835 he goes to a mental institution. 645 00:29:04,309 --> 00:29:06,277 For an indeterminate amount of time. 646 00:29:07,446 --> 00:29:08,743 He'd rather go to prison? 647 00:29:09,681 --> 00:29:10,739 I don't know. 648 00:29:11,316 --> 00:29:13,910 Doesn't it work to our advantage if he represents himself? 649 00:29:14,152 --> 00:29:15,210 It's a wild card. 650 00:29:15,621 --> 00:29:17,214 I hate to give an appellate court 651 00:29:17,289 --> 00:29:18,916 anything to hang a reversal on. 652 00:29:19,591 --> 00:29:21,821 Hopefully Judge Bradley won't let it get that far. 653 00:29:27,566 --> 00:29:30,763 Mr. Buckley, do you understand the pitfalls of representing yourself? 654 00:29:31,870 --> 00:29:34,965 The need for adequate legal counsel in our adversarial system? 655 00:29:35,440 --> 00:29:36,430 Yes, Your Honor. 656 00:29:37,909 --> 00:29:40,173 I have to warn you, Mr. Buckley, 657 00:29:40,245 --> 00:29:43,340 you will forfeit your right to self representation 658 00:29:43,415 --> 00:29:46,510 if you engage in disruptive or obstreperous conduct, 659 00:29:46,585 --> 00:29:48,110 calculated to undermine, 660 00:29:48,186 --> 00:29:50,655 or delay the progress of this trial. 661 00:29:50,989 --> 00:29:52,286 I understand, Your Honor. 662 00:29:54,960 --> 00:29:56,428 All right, Mr. Buckley. 663 00:29:56,695 --> 00:29:57,890 You may proceed. 664 00:29:58,163 --> 00:29:59,722 Your Honor, with all due respect. 665 00:30:00,399 --> 00:30:02,128 I know the People's position, Mr. McCoy. 666 00:30:02,434 --> 00:30:03,492 Your Honor, 667 00:30:03,568 --> 00:30:06,401 in light of this decision, I would like to be relieved of my duties. 668 00:30:06,872 --> 00:30:08,636 Your application is denied. 669 00:30:08,707 --> 00:30:10,801 I need you to be standby counsel for Mr. Buckley. 670 00:30:10,909 --> 00:30:12,070 Your Honor... 671 00:30:12,144 --> 00:30:13,942 I'll not take no for an answer, Mr. Fallon. 672 00:30:14,012 --> 00:30:17,277 Mr. Buckley, when will you be ready to call your first witness? 673 00:30:18,083 --> 00:30:20,381 I only have one witness, Your Honor. Myself. 674 00:30:21,953 --> 00:30:25,253 How do you propose to testify and do direct examination? 675 00:30:27,225 --> 00:30:29,956 I thought I could write out the questions, and, uh... 676 00:30:30,028 --> 00:30:32,190 Mr. Fallon could ask them, so I could answer. 677 00:30:32,464 --> 00:30:33,454 Your Honor... 678 00:30:33,832 --> 00:30:35,800 This idea is just further evidence that 679 00:30:35,867 --> 00:30:38,768 Mr. Buckley shouldn't represent himself. 680 00:30:38,970 --> 00:30:41,462 I think it's a very practical idea, Mr. Fallon. 681 00:30:42,040 --> 00:30:43,804 Court will reconvene tomorrow. 682 00:30:43,875 --> 00:30:45,001 (BANGS GAVEL) 683 00:30:49,548 --> 00:30:51,846 "Did you really intend to kill yourself?" 684 00:30:52,017 --> 00:30:53,075 BUCKLEY: Yes. 685 00:30:56,688 --> 00:30:58,679 "Didn't you think other people would be hurt?" 686 00:31:00,492 --> 00:31:01,926 I feel terrible about that. 687 00:31:05,530 --> 00:31:09,660 I honestly thought that the train would demolish the SUV, 688 00:31:09,735 --> 00:31:11,032 and just keep going. 689 00:31:11,803 --> 00:31:14,636 The train was so much bigger, it was so much heavier. 690 00:31:14,840 --> 00:31:15,830 And, uh... 691 00:31:17,309 --> 00:31:19,641 And I thought it would just smash the car, 692 00:31:19,711 --> 00:31:21,907 or it would push it aside, like a bulldozer. 693 00:31:25,650 --> 00:31:27,550 "What was your state of mind that morning?" 694 00:31:29,054 --> 00:31:31,580 I just wanted to put myself out of my misery. 695 00:31:31,656 --> 00:31:33,283 That's all I was thinking about. 696 00:31:42,167 --> 00:31:43,657 "Then why didn't you?" 697 00:31:47,372 --> 00:31:49,602 I saw the train coming. And, uh... 698 00:31:51,777 --> 00:31:53,506 I saw my little girl's face. 699 00:31:54,546 --> 00:31:57,038 And I just... I couldn't do it. 700 00:31:59,017 --> 00:32:01,008 I tried to drive the car off the tracks. 701 00:32:01,319 --> 00:32:03,879 I swear to God. And it, it was stuck. 702 00:32:07,225 --> 00:32:08,818 I didn't mean to hurt anyone 703 00:32:10,495 --> 00:32:12,327 I didn't mean for anyone to get hurt. 704 00:32:21,807 --> 00:32:23,172 I'm concerned that he's coming across 705 00:32:23,241 --> 00:32:25,369 as an effective, sympathetic defendant. 706 00:32:25,477 --> 00:32:27,411 I was going over Fallon's witness list, 707 00:32:27,479 --> 00:32:29,607 the ones he would've called if Buckley hadn't fired him? 708 00:32:29,781 --> 00:32:31,442 His brothers and sisters are on the list. 709 00:32:31,516 --> 00:32:32,745 More sibling testimony 710 00:32:32,818 --> 00:32:35,014 about the trials and tribulations of Davey Buckley. 711 00:32:35,187 --> 00:32:37,986 That's the thing. There's another brother, Jimmy. 712 00:32:38,056 --> 00:32:40,388 He's the oldest, owns a construction company. 713 00:32:40,492 --> 00:32:41,891 Davey used to work for him. 714 00:32:42,060 --> 00:32:44,529 Jimmy Buckley wasn't on Fallon's witness list. 715 00:32:44,596 --> 00:32:46,064 All the others were, but not him. 716 00:32:46,131 --> 00:32:48,793 I'm due back for cross. See what he has to say 717 00:32:51,203 --> 00:32:53,729 JACK: You didn't think anyone else would get hurt? 718 00:32:54,139 --> 00:32:55,538 No. 719 00:32:56,441 --> 00:32:59,775 And you didn't want to leave your daughter fatherless? 720 00:33:01,880 --> 00:33:03,109 I couldn't. 721 00:33:03,415 --> 00:33:04,610 Commendable. 722 00:33:06,485 --> 00:33:09,716 What about all the other fatherless daughters and sons you created 723 00:33:09,788 --> 00:33:12,052 through your reckless disregard for other people's lives? 724 00:33:12,324 --> 00:33:15,726 Objection. If I'm allowed to object. 725 00:33:15,794 --> 00:33:17,592 You are. Sustained. 726 00:33:18,864 --> 00:33:20,127 If you really wanted to kill yourself, 727 00:33:20,198 --> 00:33:22,724 why didn't you use a gun, Mr. Buckley? Or a knife? 728 00:33:23,335 --> 00:33:25,861 Take sleeping pills, throw yourself out of the window? 729 00:33:26,505 --> 00:33:27,973 I wanted to be sure. 730 00:33:29,441 --> 00:33:33,105 I didn't want to survive, and become a burden on my family. 731 00:33:34,880 --> 00:33:37,679 Then why didn't you just walk onto the tracks, 732 00:33:38,250 --> 00:33:40,480 throw yourself in front of the train? 733 00:33:42,621 --> 00:33:43,986 I don't know. 734 00:33:45,090 --> 00:33:48,390 What was the real reason you decided to derail that train? 735 00:33:48,493 --> 00:33:51,758 I didn't want to derail the train, I wanted to kill myself. 736 00:33:51,997 --> 00:33:54,557 Wasn't it to get your estranged wife's attention? 737 00:33:54,633 --> 00:33:56,431 No, that wasn't the reason. 738 00:33:58,169 --> 00:34:00,900 She's been here for you every day, hasn't she? 739 00:34:02,974 --> 00:34:04,169 Yes, she has. 740 00:34:04,976 --> 00:34:07,468 You succeeded in getting her attention... 741 00:34:07,546 --> 00:34:10,607 And all that cost was 12 lives and hundreds of injuries. 742 00:34:10,682 --> 00:34:11,672 Objection! 743 00:34:11,783 --> 00:34:12,773 JUDGE: Sustained. 744 00:34:13,685 --> 00:34:15,676 Do you think you're the victim here, Mr. Buckley? 745 00:34:16,888 --> 00:34:18,014 No. 746 00:34:19,157 --> 00:34:21,956 Were you hoping to gain her sympathy? 747 00:34:23,328 --> 00:34:24,420 No. 748 00:34:24,796 --> 00:34:27,493 Are you hoping that she'll take you back, even if you're in jail? 749 00:34:27,566 --> 00:34:31,230 Your Honor, Mr. McCoy is busily painting a picture that is entirely speculative. 750 00:34:31,937 --> 00:34:33,166 Sustained. 751 00:34:33,905 --> 00:34:35,066 JACK: Nothing further, Your Honor. 752 00:34:36,441 --> 00:34:39,069 JUDGE: Mr. Buckley, you may step down. 753 00:34:41,580 --> 00:34:45,016 Does the Defense wish to call any other witnesses, Mr. Fallon? 754 00:34:47,052 --> 00:34:49,282 Your Honor, the Defense rests. 755 00:34:49,421 --> 00:34:50,616 Mr. McCoy? 756 00:34:51,056 --> 00:34:53,718 The People have a witness to call on rebuttal, Your Honor. James Buckley. 757 00:34:54,593 --> 00:34:57,494 JUDGE: All right, we will recess until tomorrow morning. 758 00:34:57,796 --> 00:34:58,922 (BANGS GAVEL) 759 00:35:00,999 --> 00:35:02,967 Davey's prone to melancholy. 760 00:35:03,034 --> 00:35:04,365 Always has been. 761 00:35:04,869 --> 00:35:06,268 I mean, he's sweet. 762 00:35:06,838 --> 00:35:08,636 Funny. People like him. When's he up. 763 00:35:08,740 --> 00:35:10,333 When he's down, when he's drinking... 764 00:35:12,243 --> 00:35:14,211 He's dark as dark could be. 765 00:35:15,180 --> 00:35:16,614 He has a drinking problem? 766 00:35:16,748 --> 00:35:18,238 Since he was a kid, yeah. 767 00:35:19,150 --> 00:35:20,845 JACK: He was sober at the time of the train wreck. 768 00:35:21,086 --> 00:35:23,145 JAMES: On and off the wagon, his whole life. 769 00:35:23,788 --> 00:35:25,916 Growing up, 770 00:35:25,991 --> 00:35:29,791 did you and your family think of your brother as being mentally unstable? 771 00:35:31,029 --> 00:35:32,190 More like hard luck. 772 00:35:32,764 --> 00:35:35,631 Davey's in trouble again. Davey's got himself in another scrape. 773 00:35:35,700 --> 00:35:37,998 Davey can't catch a break, poor kid. 774 00:35:38,069 --> 00:35:39,161 JACK: What kind of trouble? 775 00:35:39,437 --> 00:35:41,531 Trouble in school, trouble at work. 776 00:35:41,640 --> 00:35:43,438 Couldn't pay attention, couldn't hold a job. 777 00:35:44,042 --> 00:35:46,101 You say he couldn't hold a job? But he worked for you. 778 00:35:47,078 --> 00:35:49,103 He had a wife, a new baby. 779 00:35:50,281 --> 00:35:53,216 I told him, "This is your last chance. You have to promise me." 780 00:35:54,319 --> 00:35:55,411 And he did. 781 00:35:56,421 --> 00:35:58,014 How long did he work for you? 782 00:35:58,223 --> 00:36:00,021 Nine months, maybe. 783 00:36:00,358 --> 00:36:02,156 He started drinking again. On the job. 784 00:36:02,527 --> 00:36:03,790 He was a hazard, 785 00:36:03,862 --> 00:36:05,261 to himself and others. 786 00:36:05,930 --> 00:36:06,954 So you fired him. 787 00:36:07,032 --> 00:36:08,022 Had to. 788 00:36:08,099 --> 00:36:10,090 He made me a promise, 789 00:36:10,168 --> 00:36:11,966 I had to let him know I was serious this time. 790 00:36:13,938 --> 00:36:16,407 Did you give him any further assistance? 791 00:36:16,941 --> 00:36:19,603 I paid for rehab. Again. 30,000 a pop. 792 00:36:21,346 --> 00:36:25,408 Did you ever encourage him to get any other kind of counseling, beyond rehab? 793 00:36:25,617 --> 00:36:27,210 Many times over the years. 794 00:36:27,552 --> 00:36:29,987 Told him I'd foot the bill for that too, no matter what. 795 00:36:30,055 --> 00:36:32,353 He always waved me off, said he didn't need it. 796 00:36:33,358 --> 00:36:36,988 Did you know that he'd gone to a clinic, seeking help for depression? 797 00:36:37,829 --> 00:36:39,024 No, I didn't know. 798 00:36:39,564 --> 00:36:40,656 Why not? 799 00:36:40,732 --> 00:36:42,928 Why wouldn't he want you to know about that? 800 00:36:44,002 --> 00:36:45,766 Ashamed, maybe. 801 00:36:46,204 --> 00:36:47,569 That's how it is where we come from, you know. 802 00:36:47,639 --> 00:36:49,767 It's a shameful thing to need help with... 803 00:36:50,909 --> 00:36:53,310 You know, your emotions. 804 00:36:56,081 --> 00:37:00,450 Your other brothers and sisters were scheduled to testify for the Defense. 805 00:37:01,086 --> 00:37:03,316 Yeah, well, they still got a soft spot for him. 806 00:37:05,090 --> 00:37:06,251 But not you. 807 00:37:07,092 --> 00:37:09,925 I told Mr. Fallon I couldn't... 808 00:37:10,729 --> 00:37:12,663 I couldn't stand up and swear. 809 00:37:13,465 --> 00:37:14,728 Not in good conscience. 810 00:37:35,186 --> 00:37:36,950 Did you think I was crazy, Jimmy? 811 00:37:37,455 --> 00:37:38,923 You heard me. I thought you had troubles. 812 00:37:38,990 --> 00:37:40,082 We all did. 813 00:37:41,025 --> 00:37:42,493 Did I ever, uh... 814 00:37:42,761 --> 00:37:44,024 Hear voices? 815 00:37:44,629 --> 00:37:45,926 Hallucinate? 816 00:37:46,598 --> 00:37:47,793 Not that I know, no. 817 00:37:48,733 --> 00:37:50,497 Did I ever try to commit suicide? 818 00:37:50,769 --> 00:37:53,033 Again, not that I know. 819 00:37:53,404 --> 00:37:55,463 Did I ever threaten to kill myself? 820 00:37:55,940 --> 00:37:57,635 Not until your marriage went sour. 821 00:37:58,309 --> 00:37:59,299 Exactly. 822 00:38:00,078 --> 00:38:01,068 So, 823 00:38:02,147 --> 00:38:03,615 when I made those threats, 824 00:38:04,149 --> 00:38:06,880 I mean, didn't you think that was a sign that something was wrong? 825 00:38:07,385 --> 00:38:08,910 I didn't take them seriously. 826 00:38:10,288 --> 00:38:11,881 You didn't? Why not? 827 00:38:12,891 --> 00:38:14,916 You're all talk, Davey. 828 00:38:15,693 --> 00:38:16,785 You're a daydreamer. 829 00:38:17,162 --> 00:38:18,459 Have been your whole life. 830 00:38:18,897 --> 00:38:20,888 So you didn't think I would go through with it? 831 00:38:22,901 --> 00:38:24,232 And you didn't, did you? 832 00:38:28,606 --> 00:38:30,005 Did you wish that I had? 833 00:38:33,511 --> 00:38:34,672 Ah, come on. 834 00:38:38,516 --> 00:38:39,506 Did you? 835 00:38:41,186 --> 00:38:42,244 No. 836 00:38:42,387 --> 00:38:43,377 Iwouldn't. 837 00:38:44,689 --> 00:38:45,679 Never. 838 00:38:50,762 --> 00:38:52,059 Well, why not? 839 00:38:53,198 --> 00:38:55,360 I mean, that would be it, right? That would be the end of it. 840 00:38:56,634 --> 00:38:57,863 No more. 841 00:38:58,503 --> 00:39:00,232 No more Davey to worry about. 842 00:39:05,810 --> 00:39:07,574 You gave up on me, Jimmy. 843 00:39:09,047 --> 00:39:11,379 That's right, I did. You're right. 844 00:39:18,923 --> 00:39:20,516 You knew I needed help. 845 00:39:21,993 --> 00:39:24,758 When Maureen threw me out, who did I call? I called you. 846 00:39:24,829 --> 00:39:25,853 Yes, you did. 847 00:39:25,930 --> 00:39:29,366 I called you first. And what did I say? 848 00:39:30,435 --> 00:39:33,632 You said you were in desperate straits. 849 00:39:35,240 --> 00:39:36,435 I needed help. 850 00:39:39,110 --> 00:39:40,373 What did you say? 851 00:39:41,746 --> 00:39:45,341 I said, "No, I'm done, enough's enough." 852 00:39:49,187 --> 00:39:50,450 Enough's enough. 853 00:39:50,521 --> 00:39:52,046 I have my own family to take care of. 854 00:39:52,156 --> 00:39:53,624 I'm your family too, Jimmy! 855 00:39:57,929 --> 00:39:59,124 No. 856 00:40:00,798 --> 00:40:01,924 You're not. 857 00:40:04,936 --> 00:40:06,199 Not anymore. 858 00:40:20,518 --> 00:40:23,385 On the first count of the indictment, murder in the second degree, 859 00:40:23,454 --> 00:40:24,546 how do you find? 860 00:40:25,490 --> 00:40:26,753 We find the defendant 861 00:40:26,824 --> 00:40:27,814 guilty. 862 00:40:27,992 --> 00:40:31,053 On the second count of the indictment, murder in the second degree, 863 00:40:31,162 --> 00:40:32,493 how do you find? 864 00:40:32,797 --> 00:40:34,765 We find the defendant guilty. 865 00:40:35,033 --> 00:40:37,866 On the third count of the indictment, murder in the second degree, 866 00:40:37,936 --> 00:40:39,097 how do you find? 867 00:40:39,237 --> 00:40:41,331 We find the defendant guilty. 868 00:40:41,539 --> 00:40:43,029 On the fourth count of the indictment, 869 00:40:43,107 --> 00:40:45,166 murder in the second degree... 870 00:40:45,677 --> 00:40:48,510 You could still recommend that Judge Bradley sentence him concurrently. 871 00:40:48,579 --> 00:40:50,547 Twelve life sentences is what he deserves. 872 00:40:50,615 --> 00:40:52,014 I don't disagree. 873 00:40:52,083 --> 00:40:53,175 You agree? 874 00:40:54,018 --> 00:40:55,782 He's criminally responsible? 875 00:40:58,222 --> 00:40:59,656 He did a terrible thing. 876 00:41:01,159 --> 00:41:02,627 But in a way, he was right. 877 00:41:03,828 --> 00:41:05,227 It could have been averted. 878 00:41:06,631 --> 00:41:08,531 Billions for prisons, no health care. 879 00:41:09,901 --> 00:41:11,699 I don't make social policy. 880 00:41:12,003 --> 00:41:13,095 No. 881 00:41:14,105 --> 00:41:16,039 You just have to clean up after those who do.