1
00:00:01,344 --> 00:00:03,119
<i>NARRATOR:
In the criminal justice system</i>

2
00:00:03,179 --> 00:00:07,059
<i>the people are represented
by two separate
yet equally important groups,</i>

3
00:00:07,116 --> 00:00:08,925
<i>the police
who investigate crime</i>

4
00:00:08,985 --> 00:00:11,795
<i>and the district attorneys
who prosecute the offenders.</i>

5
00:00:11,854 --> 00:00:13,332
<i>These are their stories.</i>

6
00:00:14,489 --> 00:00:16,696
The guys from auto theft
finally confirmed,

7
00:00:16,758 --> 00:00:18,601
deposit's down
on the hotel.

8
00:00:18,660 --> 00:00:20,662
Plus I chipped in
for a little
something extra.

9
00:00:20,729 --> 00:00:22,766
Uh, we said no girls,
remember?

10
00:00:22,831 --> 00:00:25,141
It's a bachelor party,
there's gotta be
entertainment.

11
00:00:25,200 --> 00:00:26,873
Frank, I told you
I'm not doing it

12
00:00:26,935 --> 00:00:28,846
with some hooker
a week before
my wedding day.

13
00:00:28,937 --> 00:00:30,883
What? Nobody can
have any fun
except you?

14
00:00:30,939 --> 00:00:32,543
I'm the one who's
been married 10 years.

15
00:00:33,608 --> 00:00:35,178
(ALARMS SOUNDING)

16
00:00:38,780 --> 00:00:40,520
What the hell
was that?
You okay?

17
00:00:40,581 --> 00:00:42,891
Call it in!
Tell 'em to bring fire,
police, bomb squad!

18
00:00:42,950 --> 00:00:45,931
This is Unit 12.
We have an explosion
at 9 Broome Street.

19
00:00:46,420 --> 00:00:48,593
Yeah, once we got up there,
we found the body
in the fourth floor,

20
00:00:48,655 --> 00:00:50,066
southeast corner
apartment.

21
00:00:50,124 --> 00:00:51,762
Male, I don't know,
maybe mid-30s.

22
00:00:51,825 --> 00:00:52,826
You heard a name yet?

23
00:00:52,893 --> 00:00:55,237
No, just the one
on the buzzer. Haden.

24
00:00:55,396 --> 00:00:56,602
Anybody else get hurt?

25
00:00:56,663 --> 00:00:59,803
Looks like
the other tenants
already left for work.

26
00:00:59,867 --> 00:01:02,677
We got a best guess yet
on cause and origin?

27
00:01:02,736 --> 00:01:04,477
Well, arson's doing
the prelim now.

28
00:01:04,538 --> 00:01:07,450
But based on
the burn pattern,
I'm thinking gas leak.

29
00:01:07,507 --> 00:01:08,986
The bomb squad
will be relieved.

30
00:01:09,042 --> 00:01:11,522
You kidding? They evacuated
the whole block
when they got here.

31
00:01:11,611 --> 00:01:13,488
These days
you don't know who
you're dealing with.

32
00:01:13,546 --> 00:01:16,527
Well, the job wasn't
exactly routine before.

33
00:01:16,582 --> 00:01:19,028
Is it okay to go up?
Yeah.
Whenever you're ready.

34
00:01:19,085 --> 00:01:20,758
I'll find out where
they're sheltering
the tenants,

35
00:01:20,820 --> 00:01:21,890
I'll get right back
to you.

36
00:01:21,954 --> 00:01:24,059
All right. Thanks, man.
Take care of yourself.

37
00:01:24,123 --> 00:01:25,500
The building's got
some history.

38
00:01:25,558 --> 00:01:27,868
I'm sensing something
of an illicit nature.

39
00:01:27,927 --> 00:01:29,429
It's a landlord-tenant gripe.

40
00:01:29,495 --> 00:01:31,475
They won't pay the rent
till he makes the repairs.

41
00:01:31,531 --> 00:01:34,010
So, he lets
the place go to seed
until they pay up.

42
00:01:34,066 --> 00:01:37,377
The beat cop said that
the empty units attracted
some squatters.

43
00:01:37,436 --> 00:01:38,813
He's gonna run down
any collars.

44
00:01:38,870 --> 00:01:40,781
He was pretty shook up.
I don't blame him.

45
00:01:40,839 --> 00:01:43,319
I guess we're
all a little jumpy
since 9111.

46
00:01:43,375 --> 00:01:45,651
Yeah, everybody
except Mr. Haden.

47
00:02:36,326 --> 00:02:38,567
BECK: The fire marshal
traced the origin
of the explosion

48
00:02:38,661 --> 00:02:40,402
back to the gas line,
here.

49
00:02:40,463 --> 00:02:41,669
So, what happened?

50
00:02:41,731 --> 00:02:44,905
It looks like somebody
disconnected the stove,
left the gas line open.

51
00:02:45,034 --> 00:02:46,274
So, it wasn't
an accident?

52
00:02:46,336 --> 00:02:47,815
No. Only way for
the gas to get out,

53
00:02:47,871 --> 00:02:49,214
the line had
to be unhooked.

54
00:02:49,272 --> 00:02:50,875
In order to do that,
you have to pull

55
00:02:50,939 --> 00:02:52,179
the stove away
from the wall.

56
00:02:52,241 --> 00:02:55,415
One of the uniformed officers
found this crescent wrench

57
00:02:55,477 --> 00:02:56,956
in the debris pile
over there.

58
00:02:57,613 --> 00:03:00,423
It's sized
to the flare nut
on the gas line.

59
00:03:00,682 --> 00:03:02,593
So somebody had
to know exactly
what they were doing.

60
00:03:02,651 --> 00:03:04,756
Yeah, and once
the gas line is open,

61
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the gas rises
and it accumulates
in the top of the room,

62
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creating what's called
a flammable range.

63
00:03:10,526 --> 00:03:11,937
And that'd
be right here.

64
00:03:11,994 --> 00:03:14,497
BRISCOE: So, below that,
no problem, above it...

65
00:03:14,563 --> 00:03:17,270
Yeah, ideal conditions
for an incendiary event.

66
00:03:17,331 --> 00:03:19,208
You got any idea what
sparked the explosion?

67
00:03:19,433 --> 00:03:21,572
A candle,
right over here.

68
00:03:21,802 --> 00:03:22,872
ED: How do you know?

69
00:03:22,970 --> 00:03:24,574
Well, when a candle
melts away,

70
00:03:24,639 --> 00:03:26,641
the wax always
leaves a residue.

71
00:03:26,707 --> 00:03:27,811
That was your fuse.

72
00:03:27,875 --> 00:03:29,912
So, somebody
unhooks the stove,

73
00:03:29,977 --> 00:03:32,719
lights the candle
and waits for the gas
to fill the room.

74
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Give it 10,
15 minutes.

75
00:03:33,948 --> 00:03:36,224
The gas floats down
to the height
of the candle.

76
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(MIMICS EXPLOSION)

77
00:03:38,419 --> 00:03:40,695
So, you're thinking
someone set a trap
for this man?

78
00:03:40,755 --> 00:03:41,825
Well, it was either
on purpose

79
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or the worst case
of home repair ever.

80
00:03:43,757 --> 00:03:45,862
Well, what about signs
of forced entry?

81
00:03:45,926 --> 00:03:47,337
There weren't any.

82
00:03:47,394 --> 00:03:50,773
So someone
was given access
or used a key.

83
00:03:50,830 --> 00:03:52,707
Tell me about
this rent strike.

84
00:03:52,766 --> 00:03:54,143
The beat cop said
they'd been going

85
00:03:54,200 --> 00:03:55,907
round and round
for about a year.

86
00:03:55,969 --> 00:03:58,279
Well, maybe the landlord
got tired of the ride,

87
00:03:58,338 --> 00:04:01,251
and this was his idea
of an eviction notice.

88
00:04:03,009 --> 00:04:06,650
You think it was arson,
that I set my own
building on fire?

89
00:04:06,846 --> 00:04:07,847
BRISCOE: ls there
anybody who can vouch

90
00:04:07,914 --> 00:04:10,257
for your whereabouts
this morning, Mr. Cortez?

91
00:04:10,316 --> 00:04:12,523
(SCOFFS) My wife
was out of town,

92
00:04:12,585 --> 00:04:14,895
but she'd
probably say you got
a hell of a theory,

93
00:04:14,954 --> 00:04:17,696
except for one thing.
No insurance.

94
00:04:17,756 --> 00:04:19,861
The law says
you're supposed
to carry a policy

95
00:04:19,925 --> 00:04:21,370
on a residential unit.

96
00:04:21,427 --> 00:04:23,168
I missed a couple
of payments.

97
00:04:23,229 --> 00:04:26,403
The insurance company
canceled my ass last month.

98
00:04:26,465 --> 00:04:28,809
I'm gonna be
wiped out now.

99
00:04:28,867 --> 00:04:31,848
Funny thing,
Haden was the only
tenant I liked.

100
00:04:32,104 --> 00:04:33,242
BRISCOE: Why's that?

101
00:04:33,305 --> 00:04:34,841
Those other leaches
got together,

102
00:04:34,907 --> 00:04:36,817
decided to stiff me
on the rent,

103
00:04:36,874 --> 00:04:40,412
but Joseph,
he still paid in cash,
every month.

104
00:04:40,745 --> 00:04:43,157
So, he was the only one
who hadn't joined
the rent strike?

105
00:04:43,214 --> 00:04:44,488
Only one.

106
00:04:45,149 --> 00:04:47,652
Bet the other tenants
were thrilled.

107
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<i>TENANT: Man had only
been here two years.</i>

108
00:04:52,457 --> 00:04:55,301
The rest of us lived
in that building over 10.

109
00:04:55,360 --> 00:04:56,896
Come on,
what are we gonna do,

110
00:04:56,961 --> 00:04:58,702
blow up our own building
just to get back at him?

111
00:04:58,763 --> 00:05:00,504
Besides,
these foreigners
come here

112
00:05:00,565 --> 00:05:03,044
and they don't have
the same stake in things
as the rest of us.

113
00:05:03,100 --> 00:05:04,204
BRISCOE: What do
you mean "foreigners"?

114
00:05:04,268 --> 00:05:06,908
Haden wasn't American.
He wasn't from here.

115
00:05:06,970 --> 00:05:08,847
Where was he from?
Maybe India.

116
00:05:09,239 --> 00:05:11,185
Something
in Arabia maybe.

117
00:05:11,775 --> 00:05:13,118
An Arab?

118
00:05:13,176 --> 00:05:14,450
How well did you two
know him?

119
00:05:14,511 --> 00:05:16,388
He was a quiet guy.
He kept to himself.

120
00:05:16,446 --> 00:05:18,357
Gone most days.
Work, I guess.

121
00:05:18,415 --> 00:05:19,519
Was he home yesterday?

122
00:05:19,583 --> 00:05:21,824
He passed me in the hall,
never said so much
as hello.

123
00:05:21,885 --> 00:05:24,126
What about girlfriends?
Visitors?

124
00:05:24,187 --> 00:05:25,461
Never saw him
with a woman.

125
00:05:25,522 --> 00:05:26,967
There'd be some men
sometimes.

126
00:05:27,024 --> 00:05:28,058
ED: Do you know
who they were?

127
00:05:28,124 --> 00:05:29,967
They'd come in groups
of two or three.

128
00:05:30,026 --> 00:05:31,869
Were these guys
Arabs, too?

129
00:05:31,994 --> 00:05:34,804
Guess they come
from wherever
he come from.

130
00:05:35,798 --> 00:05:38,039
Who the hell knows
these days?

131
00:05:39,201 --> 00:05:42,239
Best guess?
Mr. Haden was of
Middle Eastern descent.

132
00:05:42,305 --> 00:05:44,251
Blast victims always
present a few problems.

133
00:05:44,307 --> 00:05:45,684
This one was
particularly tricky.

134
00:05:45,741 --> 00:05:46,742
Why?

135
00:05:46,809 --> 00:05:49,483
First off,
he came back negative
for carboxyhemoglobin.

136
00:05:49,545 --> 00:05:51,821
Wait. In English,
he had no smoke
in his lungs?

137
00:05:51,881 --> 00:05:54,588
Yeah. His airways
were also completely
free of soot.

138
00:05:54,649 --> 00:05:57,425
Intriguing finding
for somebody
who died in a fire.

139
00:05:57,485 --> 00:06:00,091
That's because
he didn't die
in a fire.

140
00:06:01,189 --> 00:06:05,069
Cavity x-rays
showed evidence
of blunt force trauma.

141
00:06:05,126 --> 00:06:07,163
Broken ribs,
legs, arms, neck.

142
00:06:07,228 --> 00:06:09,606
The initial response team
found him buried
under some rubble.

143
00:06:09,664 --> 00:06:10,870
Yeah, but that
didn't kill him either.

144
00:06:10,932 --> 00:06:13,344
There was no hemorrhaging
associated with any
of those injuries.

145
00:06:13,401 --> 00:06:14,846
BRISCOE:
So, what did kill him?

146
00:06:14,903 --> 00:06:18,214
Posterior inspection
indicates massive bleeding

147
00:06:18,273 --> 00:06:20,616
in the upper
cervical vertebrae.

148
00:06:20,941 --> 00:06:22,079
Somebody broke his neck.

149
00:06:22,142 --> 00:06:24,520
And you're positive
that didn't happen because
the ceiling collapsed?

150
00:06:24,578 --> 00:06:25,921
No. Once I fixed
cause of death,

151
00:06:25,979 --> 00:06:28,357
I went back into
the soft tissue exam,

152
00:06:28,415 --> 00:06:31,589
found focal hemorrhaging
in his wrists and ankles.

153
00:06:31,652 --> 00:06:34,724
Your killer tied him up
before he murdered him.

154
00:06:35,155 --> 00:06:37,795
She say whether or not
this could have been
a one-man job?

155
00:06:37,858 --> 00:06:39,337
Nothing conclusive
either way.

156
00:06:39,393 --> 00:06:40,804
A couple of
the tenants mentioned

157
00:06:40,861 --> 00:06:42,841
that Haden
had a few visitors
now and again.

158
00:06:42,896 --> 00:06:44,341
But they couldn't tell us
much more than that.

159
00:06:44,398 --> 00:06:48,743
Yeah. Except that Haden
and his visitors were all
of Middle Eastern decent.

160
00:06:48,801 --> 00:06:51,213
And you think
his ethnicity's
significant?

161
00:06:51,270 --> 00:06:53,113
Well, there was
an explosion involved.

162
00:06:53,172 --> 00:06:54,742
I think it's
a little early
to conclude

163
00:06:54,807 --> 00:06:57,048
that Haden being an Arab
had anything to do with it.

164
00:06:57,110 --> 00:07:00,216
Well, still,
chances are he might
have known his killer.

165
00:07:00,279 --> 00:07:02,281
How much do we know
about his personal life?

166
00:07:02,348 --> 00:07:04,726
He didn't
have a girlfriend,
no known next of kin.

167
00:07:04,784 --> 00:07:06,263
Criminal records?
Nothing.

168
00:07:06,319 --> 00:07:07,696
No credit cards either.

169
00:07:07,754 --> 00:07:09,825
No references,
no previous address
on the lease.

170
00:07:09,889 --> 00:07:10,993
He paid his rent
in cash.

171
00:07:11,057 --> 00:07:13,969
BRISCOE: I'm telling you,
this guy wasn't just
flying below the radar,

172
00:07:14,025 --> 00:07:15,902
he was off the screen.

173
00:07:19,064 --> 00:07:21,567
Three times a week,
he'd bring me
his greasy clothes.

174
00:07:21,633 --> 00:07:23,374
You should
see these things.

175
00:07:23,435 --> 00:07:25,711
I ask him,
how you get so dirty?

176
00:07:25,771 --> 00:07:26,772
What'd he say?

177
00:07:26,838 --> 00:07:28,545
He says,
blame the boss.

178
00:07:28,607 --> 00:07:30,143
He mention
where he worked?

179
00:07:30,208 --> 00:07:32,848
No, but I know
he got paid nothing.

180
00:07:32,911 --> 00:07:34,515
What, he told you
how much he earned?

181
00:07:34,579 --> 00:07:38,584
No. I go through
my customers' pockets
when they drop off.

182
00:07:38,650 --> 00:07:40,720
One time,
I see a pay stub.

183
00:07:41,385 --> 00:07:42,455
Peanuts.

184
00:07:42,520 --> 00:07:43,931
Did the pay stub
show where he worked?

185
00:07:43,988 --> 00:07:46,901
Hmm... Jiffy something.

186
00:07:47,458 --> 00:07:49,631
What kind of a name
is Jiffy?

187
00:07:49,827 --> 00:07:51,534
Greasy clothes,
low-wage pay stub...

188
00:07:51,595 --> 00:07:53,632
Could be one of
those oil-change joints.

189
00:07:53,697 --> 00:07:54,835
Thank you.

190
00:07:55,900 --> 00:07:57,641
I had a feeling
something happened.

191
00:07:57,701 --> 00:08:00,307
Joseph hasn't missed
a day's work in...
Well, never.

192
00:08:00,371 --> 00:08:02,544
So, he was
a pretty reliable guy
for you then?

193
00:08:02,606 --> 00:08:04,244
Yeah.
For the most part.

194
00:08:04,308 --> 00:08:06,048
Not the most
ambitious guy, though.

195
00:08:06,109 --> 00:08:07,213
Well, why do
you say that?

196
00:08:07,277 --> 00:08:08,312
He'd been here
over a year,

197
00:08:08,411 --> 00:08:09,856
turned down
a manager's position twice.

198
00:08:09,913 --> 00:08:11,358
Isn't that
more money?
Sure.

199
00:08:11,414 --> 00:08:14,395
Told me he didn't
want the responsibility.
Liked his free time.

200
00:08:14,451 --> 00:08:17,295
So, what can you tell us
about his personal life?

201
00:08:17,353 --> 00:08:18,491
Well, he never
really shared much.

202
00:08:18,555 --> 00:08:19,932
He had some
family somewhere,

203
00:08:19,989 --> 00:08:22,094
but didn't really
talk about it.

204
00:08:22,158 --> 00:08:24,399
Anybody ever
come to visit him
on the job?

205
00:08:24,461 --> 00:08:26,031
No. Not that
I can think of.

206
00:08:26,095 --> 00:08:27,870
Sorry, I wish I could
be more help.

207
00:08:27,931 --> 00:08:30,241
That's all right.
If you think of anything,
give us a call.

208
00:08:30,300 --> 00:08:31,437
Okay.

209
00:08:31,967 --> 00:08:33,537
Oh, what should I do
with the stuff
in his locker?

210
00:08:37,306 --> 00:08:39,786
BRISCOE: Work boots,
shirt, pants.

211
00:08:39,875 --> 00:08:42,082
Whoa, look at this.
Checkbook.

212
00:08:43,512 --> 00:08:44,957
No entries.

213
00:08:47,015 --> 00:08:49,052
E-bank?
Never heard of it.

214
00:08:49,918 --> 00:08:51,090
Doesn't even say
where it is.

215
00:08:51,153 --> 00:08:52,325
That's an Internet bank.

216
00:08:52,387 --> 00:08:54,298
You can do
all your banking,
payments, deposits,

217
00:08:54,356 --> 00:08:55,562
everything, online.

218
00:08:55,624 --> 00:08:57,500
So, why the checkbook?

219
00:08:58,259 --> 00:08:59,863
Last vestige of
20th-century banking,

220
00:08:59,927 --> 00:09:01,998
it gives some
of our older clients
a sense of security.

221
00:09:02,063 --> 00:09:04,441
Speaking of security,
if this is a bank,

222
00:09:04,499 --> 00:09:05,534
where do you keep
all the money?

223
00:09:05,666 --> 00:09:07,509
Well, what you see here
is our computer
server station,

224
00:09:07,568 --> 00:09:08,808
where we monitor
the accounts.

225
00:09:08,870 --> 00:09:10,144
There is no bank,
per se.

226
00:09:10,204 --> 00:09:11,512
Virtual reality.

227
00:09:11,572 --> 00:09:14,109
Well, what happens
if I have to
deposit a check?

228
00:09:14,175 --> 00:09:16,985
Well, you mail it
to our P.O. box in Iowa
in a prepaid envelope.

229
00:09:17,044 --> 00:09:21,151
And to pull your money out,
we give you an ATM card,
just like any other bank.

230
00:09:21,215 --> 00:09:24,252
No lines, 24-hour,
world-wide access.

231
00:09:24,317 --> 00:09:25,728
All you need
is a computer.

232
00:09:25,785 --> 00:09:26,855
You like to hear more?

233
00:09:27,120 --> 00:09:29,157
No. I think I'll stick
with my mattress.

234
00:09:29,222 --> 00:09:30,360
Okay.

235
00:09:30,991 --> 00:09:32,299
According to
our records,

236
00:09:32,359 --> 00:09:35,101
Joseph Haden opened
an account with us
about a year ago.

237
00:09:35,161 --> 00:09:36,367
Says here
he's a preferred customer.

238
00:09:36,429 --> 00:09:37,703
Elite status.

239
00:09:37,764 --> 00:09:39,641
So, how does one attain
elite status?

240
00:09:39,699 --> 00:09:41,975
Maintain an average
daily balance
over 10,000.

241
00:09:42,035 --> 00:09:43,173
BRISCOE: Ah, you got
the wrong Haden.

242
00:09:43,236 --> 00:09:45,409
This guy's strictly
minimum wage.

243
00:09:45,472 --> 00:09:48,646
Joseph Haden,
225 Stanton,
New York City?

244
00:09:48,708 --> 00:09:50,050
ED: What's the balance?

245
00:09:50,442 --> 00:09:52,649
Eighty-nine thousand
and change
as of yesterday.

246
00:09:53,479 --> 00:09:55,925
Nothing virtual
about that reality.

247
00:10:00,286 --> 00:10:03,597
So, a guy making
minimum wage,
living in a tenement,

248
00:10:03,656 --> 00:10:07,126
has almost 90 grand in
an online bank account?

249
00:10:07,393 --> 00:10:09,498
According to the E-bank,
there's never been more

250
00:10:09,562 --> 00:10:12,168
than his paycheck deposits
since he opened it.

251
00:10:12,231 --> 00:10:14,404
Okay, but where's
all the money from?

252
00:10:14,466 --> 00:10:17,605
The manager pulled up
a tracking number
from the initial deposit.

253
00:10:17,669 --> 00:10:19,444
Traces back to
a Swiss account.

254
00:10:19,504 --> 00:10:20,983
Yeah. We called
the OFAC,

255
00:10:21,105 --> 00:10:23,210
that's the Office of
Foreign Assets Control.

256
00:10:23,274 --> 00:10:25,618
It's like an international
clearing house for banks.

257
00:10:25,677 --> 00:10:29,056
Yeah. The FBI's got them
working overtime looking
for terrorist funding.

258
00:10:29,113 --> 00:10:30,183
And?

259
00:10:30,248 --> 00:10:31,750
It's gonna take a while.

260
00:10:31,883 --> 00:10:33,863
How did he open
a bank account?

261
00:10:33,918 --> 00:10:37,229
The online application
only asks for
a driver's license

262
00:10:37,288 --> 00:10:38,596
and a social
security number.

263
00:10:38,656 --> 00:10:40,465
BRISCOE: Both numbers
turned out to be phonies.

264
00:10:40,525 --> 00:10:41,731
The bank probably
never checked him out

265
00:10:41,793 --> 00:10:43,829
once they saw the size
of that initial deposit.

266
00:10:43,894 --> 00:10:46,534
Still, he had to know
someone at the DMV
to get this.

267
00:10:46,597 --> 00:10:48,235
Well, we're going down
to talk to a D.A.

268
00:10:48,298 --> 00:10:50,209
at the Rackets Bureau
this afternoon.

269
00:10:50,267 --> 00:10:51,473
VAN BUREN: Great.

270
00:10:52,102 --> 00:10:53,775
The ID number
on your guy's license

271
00:10:53,837 --> 00:10:55,145
matched up
with a batch of blanks

272
00:10:55,205 --> 00:10:57,708
that came out
of a DMV office
in Brooklyn.

273
00:10:57,774 --> 00:10:59,378
How do you get
a driver's license issued

274
00:10:59,443 --> 00:11:01,047
with a phony name
and address?

275
00:11:01,111 --> 00:11:02,419
Don't you need
a birth certificate?

276
00:11:02,479 --> 00:11:05,585
Mmm, that or 200 bucks.
Going rate for a phony.

277
00:11:05,649 --> 00:11:07,356
How many people
had access
to these blanks?

278
00:11:07,417 --> 00:11:09,987
Once upon a time,
a scam like this
was pretty widespread.

279
00:11:10,052 --> 00:11:12,430
Since 9/11,
we started cracking down.

280
00:11:12,488 --> 00:11:14,661
People at the DMV
got a little more careful.

281
00:11:14,724 --> 00:11:17,204
Funny how
a few indictments
will do that.

282
00:11:17,260 --> 00:11:19,433
You got anybody
in particular
we can talk to?

283
00:11:19,495 --> 00:11:22,772
The genius behind
your guy's license
is sitting in Rikers.

284
00:11:22,832 --> 00:11:25,938
Come on,
I'm already going to
do three years for this.

285
00:11:26,002 --> 00:11:28,915
Well, we might be able
to turn those three years
into a bullet.

286
00:11:28,971 --> 00:11:30,416
And that's City time.

287
00:11:30,473 --> 00:11:32,919
Save your wife
a big train trip upstate.

288
00:11:32,975 --> 00:11:34,716
You talked
to my lawyer?

289
00:11:34,909 --> 00:11:37,753
Well, if you help us out,
it's a done deal.

290
00:11:39,347 --> 00:11:40,690
What do you want?

291
00:11:43,485 --> 00:11:44,828
Who is he?

292
00:11:57,666 --> 00:11:58,736
I want protection.

293
00:12:00,968 --> 00:12:02,413
Protection from who?

294
00:12:02,469 --> 00:12:04,107
You read the paper?

295
00:12:04,238 --> 00:12:07,014
You hear about
the woman in Memphis,
from the DMV?

296
00:12:07,508 --> 00:12:10,614
You mean the one who
helped the 9/11 hijackers
with their licenses?

297
00:12:10,811 --> 00:12:12,347
Burned her up
in her car

298
00:12:12,413 --> 00:12:14,518
the day before she was
supposed to testify.

299
00:12:14,581 --> 00:12:17,619
If your
information checks out,
we'll talk to the D.A.

300
00:12:22,923 --> 00:12:24,425
His name's Juseff.

301
00:12:24,491 --> 00:12:26,596
ED: Juseff?
Not Joseph?

302
00:12:26,694 --> 00:12:28,673
I said Juseff,
didn't I?

303
00:12:29,128 --> 00:12:31,074
The guy gave me
a grand to set him up.

304
00:12:31,130 --> 00:12:32,609
I usually get 200.

305
00:12:32,665 --> 00:12:34,406
And that didn't
ring any alarm bells?

306
00:12:34,467 --> 00:12:37,073
Well, he said he was
here seeking asylum
or something.

307
00:12:37,136 --> 00:12:39,013
Application got denied.

308
00:12:40,840 --> 00:12:42,945
Guy seemed
pretty desperate.

309
00:12:46,746 --> 00:12:48,885
<i>STAFFER: No Joseph
or Juseff Haden.</i>

310
00:12:49,449 --> 00:12:51,486
What if he wasn't
using his real name?

311
00:12:51,551 --> 00:12:54,292
Can you look it up
just under the name
Juseff?

312
00:12:54,352 --> 00:12:55,490
A first name?

313
00:12:55,554 --> 00:12:58,125
How about people
who applied for
political asylum last year?

314
00:12:58,190 --> 00:12:59,794
Yeah. Just in
the New York office.

315
00:12:59,858 --> 00:13:01,838
I guess I could do that.

316
00:13:01,893 --> 00:13:04,567
Narrows it down
to 118 Juseffs.

317
00:13:04,629 --> 00:13:07,132
Okay. Our guy
was denied. Mid-30s.

318
00:13:09,134 --> 00:13:10,738
Cuts it in half.

319
00:13:12,104 --> 00:13:14,914
I have a Juseff Haddad.

320
00:13:14,973 --> 00:13:16,646
Filed a year
and a half ago.

321
00:13:16,708 --> 00:13:18,449
This look like him?

322
00:13:19,344 --> 00:13:21,118
Yeah. Exactly like him.

323
00:13:21,178 --> 00:13:23,249
Where's he from?
STAFFER: Yemen national.

324
00:13:23,314 --> 00:13:25,487
Entered the country
on a B1 visa.

325
00:13:25,549 --> 00:13:26,755
How did he get that?

326
00:13:26,817 --> 00:13:27,887
Tourist visa.

327
00:13:27,952 --> 00:13:30,091
That little stamp
they put in your passport
at the airport?

328
00:13:30,488 --> 00:13:32,161
How long's
that good for?
Six months.

329
00:13:32,223 --> 00:13:33,827
Our guy was in the city
for almost two years.

330
00:13:33,891 --> 00:13:35,131
It's a problem.

331
00:13:35,192 --> 00:13:38,173
BRISCOE: On what grounds
did he apply for asylum?

332
00:13:38,229 --> 00:13:39,469
Religious grounds.

333
00:13:39,530 --> 00:13:42,636
Apparently,
he was an adherent of
the Shi'a Muslim sect.

334
00:13:42,700 --> 00:13:43,804
Claimed he wasn't
very well-liked

335
00:13:43,868 --> 00:13:46,313
by the Sunni
Muslim majority,
feared for his safety.

336
00:13:46,369 --> 00:13:48,713
Initial interview
for asylum was denied.

337
00:13:48,772 --> 00:13:50,718
Yeah. When was this?

338
00:13:50,774 --> 00:13:52,549
Fourteen months ago.

339
00:13:52,776 --> 00:13:56,417
So, you're saying
he was supposed to be
deported over a year ago?

340
00:13:56,479 --> 00:13:58,720
INS was alerted.
ED: What'd they do?

341
00:14:01,251 --> 00:14:03,959
Guy comes to the States,
he's allowed to disappear

342
00:14:04,020 --> 00:14:05,795
and nobody does
a damn thing about it.

343
00:14:05,855 --> 00:14:07,766
There's over
eight million illegals
in this country.

344
00:14:07,824 --> 00:14:09,132
What do you wanna
round 'em all up?

345
00:14:09,192 --> 00:14:10,671
How about just the ones
from Yemen?

346
00:14:10,727 --> 00:14:11,762
You can't start
targeting people

347
00:14:11,828 --> 00:14:12,862
because of
where they're from.

348
00:14:12,928 --> 00:14:14,874
Hey, take a look,
partner.

349
00:14:14,930 --> 00:14:17,274
There's supposed to
be two towers standing
over there.

350
00:14:17,332 --> 00:14:18,504
Look, man, I know.

351
00:14:18,567 --> 00:14:19,671
But it's that kind
of thinking that gets me

352
00:14:19,735 --> 00:14:21,681
pulled over
on the Turnpike
every other month.

353
00:14:21,737 --> 00:14:22,909
You forget I lived
in the Middle East.

354
00:14:22,971 --> 00:14:25,110
Not every guy
wearing a kufi
is the enemy.

355
00:14:25,174 --> 00:14:27,176
I'd say a guy
with a bogus ID

356
00:14:27,242 --> 00:14:30,587
and about 90 grand in the bank
has got some potential.

357
00:14:30,646 --> 00:14:34,059
All right, man,
so where do you wanna go
to look for a terrorist?

358
00:14:37,486 --> 00:14:38,759
<i>IMAM: Police and
their questions</i>

359
00:14:38,953 --> 00:14:42,059
have brought us
enough problems,
I don't want any more.

360
00:14:42,123 --> 00:14:44,160
Imam,
this was a Muslim man
that was murdered.

361
00:14:44,225 --> 00:14:46,671
All we're asking
is for a little help
to find his killer.

362
00:14:46,727 --> 00:14:48,468
Four men
from this mosque

363
00:14:48,529 --> 00:14:51,567
have been held
for months by police
only seeking help.

364
00:14:51,966 --> 00:14:55,504
Look, he lived nearby,
we know he was
a religious man.

365
00:14:55,570 --> 00:14:57,106
We just want you
to take a look
at this picture.

366
00:14:57,905 --> 00:14:59,816
And then
will you leave?

367
00:15:02,143 --> 00:15:03,588
You know him?

368
00:15:03,644 --> 00:15:04,644
It's Juseff.

369
00:15:05,312 --> 00:15:07,690
He attended
prayer services here.

370
00:15:08,281 --> 00:15:09,521
How did it happen?

371
00:15:09,583 --> 00:15:11,859
Somebody set fire
to his place.

372
00:15:11,918 --> 00:15:13,158
Dear God.

373
00:15:13,220 --> 00:15:14,961
He was going
under a false name.

374
00:15:15,021 --> 00:15:17,058
He was in
this country illegally.

375
00:15:17,123 --> 00:15:19,194
Neighbors said
he had men who came
to visit him.

376
00:15:19,259 --> 00:15:20,863
Now, maybe
from this mosque.

377
00:15:20,927 --> 00:15:23,237
IMAM: Then why
don't you try talking
to people who hate us,

378
00:15:23,296 --> 00:15:25,173
who've already
made threats against us?

379
00:15:25,232 --> 00:15:26,905
Who would that be?

380
00:15:29,503 --> 00:15:31,038
Imam,
if you know something,

381
00:15:31,103 --> 00:15:33,709
it would be
the right thing
to tell us.

382
00:15:35,474 --> 00:15:37,715
There was some information
about Juseff that came out.

383
00:15:38,510 --> 00:15:40,114
What sort
of information?

384
00:15:40,179 --> 00:15:42,386
On the Internet.
At a website,

385
00:15:42,448 --> 00:15:45,190
along with articles
about other Arab men.

386
00:15:45,251 --> 00:15:48,027
After that happened,
Juseff stayed away.

387
00:15:50,256 --> 00:15:52,395
Check this out.
"Guerrillas in our midst

388
00:15:52,458 --> 00:15:54,995
"and the failure of
the US Government
to stop them."

389
00:15:55,060 --> 00:15:57,369
<i>Byline, Adam Teague
for The Shadow Report.</i>

390
00:15:57,428 --> 00:15:58,771
Oh, no!
Could it be true?

391
00:15:58,830 --> 00:15:59,865
This is a rag, man.

392
00:15:59,931 --> 00:16:01,535
It's designed
to scare the hell
out of us.

393
00:16:01,599 --> 00:16:04,443
Well, whatever it is,
it seems to be working.

394
00:16:04,502 --> 00:16:06,140
Hits on
this guy's website

395
00:16:06,204 --> 00:16:08,377
have tripled in
the last 12 months.

396
00:16:08,439 --> 00:16:10,146
According to this,
the country's full

397
00:16:10,208 --> 00:16:12,814
of fifth column spies
from Arabic states.

398
00:16:12,877 --> 00:16:16,689
Quote "Nelfi Sa'ad,
recent art history grad
at City College

399
00:16:16,748 --> 00:16:19,627
"switched to a degree
as a structural engineer.

400
00:16:19,684 --> 00:16:22,130
"Anybody care
to guess why?"

401
00:16:22,186 --> 00:16:23,926
What's the harm
in looking into it?

402
00:16:23,987 --> 00:16:26,126
If we'd a been
a little more alert
the first time,

403
00:16:26,189 --> 00:16:27,896
maybe there wouldn't
have been a first time.

404
00:16:27,958 --> 00:16:29,198
I switched my major twice
in college.

405
00:16:29,259 --> 00:16:30,363
That make me
a terrorist?

406
00:16:30,427 --> 00:16:32,407
No. But you don't
fit the profile.

407
00:16:32,462 --> 00:16:34,635
The dirty little secret
of law enforcement.

408
00:16:34,698 --> 00:16:36,473
I swear, if people start
to believe this stuff,

409
00:16:36,533 --> 00:16:38,137
somebody's gonna
get killed.

410
00:16:38,201 --> 00:16:40,647
BRISCOE: Maybe
somebody already has.

411
00:16:40,704 --> 00:16:43,708
"Another loyal reader
has provided
firsthand accounts

412
00:16:43,774 --> 00:16:47,221
"that show Joseph Haden,
real name a mystery,

413
00:16:47,311 --> 00:16:49,449
"of 225 Stanton Street,

414
00:16:49,512 --> 00:16:52,550
"is a Middle Eastern radical
here in New York illegally.

415
00:16:52,615 --> 00:16:54,891
"Although
proper authorities
have been warned,

416
00:16:54,951 --> 00:16:58,057
"Haden remains
a free man
at this moment.

417
00:16:58,154 --> 00:16:59,599
"Who will stop him?"

418
00:16:59,789 --> 00:17:02,065
That's practically
begging somebody
to take him out.

419
00:17:02,124 --> 00:17:04,536
Maybe that was
the idea all along.

420
00:17:08,397 --> 00:17:09,603
<i>TEAGUE: Now
you guys want to talk?</i>

421
00:17:09,665 --> 00:17:10,700
Where were you
when I first published?

422
00:17:10,766 --> 00:17:12,177
When Haden was
walking around
a free man?

423
00:17:12,234 --> 00:17:13,508
We're not subscribers.

424
00:17:13,569 --> 00:17:14,843
Well, get on the bus,
Detective.

425
00:17:14,904 --> 00:17:16,974
I am out there trying to
make your jobs easier.

426
00:17:17,038 --> 00:17:18,449
Oh, and just how
are you doing that?

427
00:17:18,506 --> 00:17:19,746
You think the liberal
mainstream wusses

428
00:17:19,808 --> 00:17:21,651
are going
to print names
and addresses?

429
00:17:21,710 --> 00:17:23,212
We all know
what's going on.

430
00:17:23,278 --> 00:17:24,985
Everybody's so worried
about offending Arabs.

431
00:17:25,046 --> 00:17:27,117
They're being singled out,
they have their rights, too.

432
00:17:27,182 --> 00:17:29,594
This is the first war
where we don't want
to hurt anyone's feelings.

433
00:17:29,651 --> 00:17:30,925
Just get rid
of 'em all, huh?

434
00:17:30,986 --> 00:17:32,761
You sit next to one
on a plane yet?

435
00:17:32,821 --> 00:17:36,462
Tell me you didn't
watch when he got up
to use the bathroom.

436
00:17:36,524 --> 00:17:39,198
We just want to know where
you got the information
on this man.

437
00:17:40,295 --> 00:17:41,898
You'd be amazed
at the sources I have.

438
00:17:41,962 --> 00:17:43,532
You know, it's funny
how your sources

439
00:17:43,597 --> 00:17:45,406
turn up terrorists
the FBI missed.

440
00:17:45,466 --> 00:17:47,776
Hey, don't blame the Bureau.
Their hands are tied.

441
00:17:47,835 --> 00:17:49,405
Bunch of civil rights
do-gooders say

442
00:17:49,470 --> 00:17:51,882
all interviews
of young Arab men
must be voluntary.

443
00:17:51,939 --> 00:17:53,919
(SCOFFS) Excuse me.
"Mr. Capone, would
you mind coming in

444
00:17:53,974 --> 00:17:55,317
"and make
a full confession?"

445
00:17:55,376 --> 00:17:57,822
Your article led
the killer to Haden.

446
00:17:57,878 --> 00:17:59,380
I just put
the information out there.

447
00:17:59,446 --> 00:18:02,222
You gave up his address.
What, were you hoping,
a visitor would drop by?

448
00:18:02,283 --> 00:18:04,490
Which brings us back
to how you got it.

449
00:18:04,551 --> 00:18:05,757
Nice try.

450
00:18:05,819 --> 00:18:07,264
You've heard of the
journalists' Shield Law?

451
00:18:07,321 --> 00:18:09,095
Says I don't have
to tell you who
my source is.

452
00:18:09,155 --> 00:18:10,327
Hey, you heard
of a subpoena?

453
00:18:10,390 --> 00:18:11,494
'Cause we can get one.

454
00:18:11,557 --> 00:18:14,163
You do that.
I'll just add it
to my collection.

455
00:18:16,429 --> 00:18:18,841
BRISCOE: Article indicates
the authorities were notified.

456
00:18:18,898 --> 00:18:20,172
If we were,
I'll find it.

457
00:18:20,233 --> 00:18:22,474
How many reports
you get like this
since 9/11?

458
00:18:22,535 --> 00:18:25,106
We actually
stopped counting
after 500,000.

459
00:18:25,171 --> 00:18:26,377
When did you say
this was filed?

460
00:18:26,439 --> 00:18:28,419
It was three months ago.

461
00:18:28,641 --> 00:18:30,882
Last name Haden?
Here it is.

462
00:18:31,310 --> 00:18:35,086
Joseph Haden.
Tip called in
by one Frank Miller.

463
00:18:35,147 --> 00:18:36,285
And what do you
got on him?

464
00:18:36,348 --> 00:18:37,986
Address and phone number.

465
00:18:38,116 --> 00:18:40,392
I love it when they
make it easy like that.

466
00:18:40,452 --> 00:18:41,692
Yeah.
I'll print you a copy.

467
00:18:41,753 --> 00:18:43,232
ED: Was there
any investigation
on the tip?

468
00:18:43,288 --> 00:18:46,235
Of sorts.
We listed it
low priority.

469
00:18:46,291 --> 00:18:48,897
Look, guy's from Yemen,
fake name, fake ID,

470
00:18:48,960 --> 00:18:50,633
that's low priority
these days?

471
00:18:50,696 --> 00:18:52,505
We looked into
Miller's allegations.

472
00:18:52,564 --> 00:18:55,272
Nothing panned out,
so we notified the INS.

473
00:18:55,333 --> 00:18:58,337
Look, you wanna
critique the operations,
get in line.

474
00:18:58,403 --> 00:19:01,110
You want
Miller's address,
here it is.

475
00:19:01,172 --> 00:19:02,344
Thanks.

476
00:19:02,573 --> 00:19:05,179
Join the FBI,
learn to pass the buck.

477
00:19:07,611 --> 00:19:09,613
You guys aren't
gonna smash this
place up now, are you?

478
00:19:09,680 --> 00:19:12,957
Oh, don't worry,
search doesn't
always mean destroy.

479
00:19:13,818 --> 00:19:17,265
The mail's recent.
He's been here
since Haddad's murder.

480
00:19:18,556 --> 00:19:21,002
Hey, Ed,
look at this.

481
00:19:22,693 --> 00:19:24,366
Is that a scanner?
Mmm-hmm.

482
00:19:24,829 --> 00:19:27,832
Looks like Haddad had
his own little fan club.

483
00:19:28,665 --> 00:19:30,770
BRISCOE: Ah,
this guy's a soldier.

484
00:19:31,668 --> 00:19:32,772
Combat Unit.

485
00:19:32,836 --> 00:19:34,713
I heard him say
he served in
Desert Storm.

486
00:19:34,771 --> 00:19:37,308
Yeah? Well, he's got
the hardware to prove it.

487
00:19:37,374 --> 00:19:38,580
SUPERINTENDANT:
What the hell is that?

488
00:19:38,641 --> 00:19:40,120
It ain't
a starter pistol.

489
00:19:40,176 --> 00:19:42,713
Looks like maybe
Miller was fighting
his own little war

490
00:19:42,779 --> 00:19:44,486
on the home front.

491
00:19:47,717 --> 00:19:51,130
Apparently, Miller had
been stalking Haden
for quite some time.

492
00:19:51,187 --> 00:19:53,894
Dates, times,
visits to the mosque.

493
00:19:53,956 --> 00:19:55,958
He knew
this man's schedule
down to the minute.

494
00:19:56,024 --> 00:19:59,062
Do we have a working theory
for how Haddad entered
Miller's radar?

495
00:19:59,128 --> 00:20:01,870
Miller's FBI report
came on the heels
of the website article

496
00:20:01,930 --> 00:20:05,104
featuring Joseph Haden,
aka Juseff Haddad,

497
00:20:05,167 --> 00:20:08,114
as one of thousands
of Arab terrorists
living among us.

498
00:20:08,170 --> 00:20:09,171
How about
finding the person

499
00:20:09,238 --> 00:20:10,717
who brought Haddad
to Teague's attention?

500
00:20:11,306 --> 00:20:13,411
You think Teague's
source might know
where Miller's located?

501
00:20:16,578 --> 00:20:19,057
You know,
Briscoe and Green tried
to rattle Teague's cage

502
00:20:19,113 --> 00:20:21,650
with a subpoena,
but he thinks he can hide
behind the Shield Law.

503
00:20:21,716 --> 00:20:24,526
Maybe from a subpoena.
Not from a warrant.

504
00:20:25,420 --> 00:20:27,263
Mr. Teague isn't
gonna like this.

505
00:20:27,321 --> 00:20:29,927
Oh, that's okay.
The judge sort of said
it would be all right.

506
00:20:29,991 --> 00:20:32,904
Well, then,
Mr. Teague's lawyer
isn't gonna like this.

507
00:20:32,960 --> 00:20:34,962
What the hell
do you think
you guys are doing?

508
00:20:35,029 --> 00:20:36,474
This is a newsroom.

509
00:20:36,531 --> 00:20:38,272
It's not some crack house
you can just barge into.

510
00:20:38,332 --> 00:20:39,709
Mr. Teague,
stand aside.

511
00:20:39,767 --> 00:20:42,270
I asked you...
Hey! Don't make me
restrain you.

512
00:20:44,639 --> 00:20:46,584
Whoa, a file
marked "Haden"?

513
00:20:46,640 --> 00:20:47,914
That's source material.

514
00:20:47,974 --> 00:20:50,818
Oh. We got
audio tapes,
transcripts...

515
00:20:50,877 --> 00:20:53,255
Well, now we know
what Miller's scanner
was used for.

516
00:20:53,313 --> 00:20:55,088
Good morning, Yemen.

517
00:20:57,584 --> 00:20:59,621
Teague's files on Haddad
were stocked

518
00:20:59,686 --> 00:21:02,189
with information
and documents
from Miller.

519
00:21:02,255 --> 00:21:05,668
So, Miller didn't
learn about Haddad
from Teague's website,

520
00:21:05,725 --> 00:21:07,136
Miller was
the source himself.

521
00:21:07,194 --> 00:21:09,640
He illegally monitored
telephone conversations

522
00:21:09,696 --> 00:21:12,369
between Haddad
and unidentified
Arabic-speakers

523
00:21:12,631 --> 00:21:14,042
with a VHF scanner.

524
00:21:14,099 --> 00:21:15,601
I thought the police
write-up indicated

525
00:21:15,668 --> 00:21:16,976
Haddad didn't
have a phone.

526
00:21:17,036 --> 00:21:19,642
Audio technicians
think Haddad was
using a cell phone.

527
00:21:20,539 --> 00:21:21,574
Have you tracked
that down?

528
00:21:21,640 --> 00:21:23,119
Probably went up
in the fire.

529
00:21:23,175 --> 00:21:24,313
LEWIN: What about
the phone records?

530
00:21:24,376 --> 00:21:25,480
Nothing so far.

531
00:21:25,611 --> 00:21:27,557
You know, if Haddad
was staying true to form,

532
00:21:27,613 --> 00:21:29,854
the phone
was probably one
with preloaded hours.

533
00:21:29,915 --> 00:21:31,189
No account number.

534
00:21:31,250 --> 00:21:33,127
There was also
a reference to
a wire transfer

535
00:21:33,185 --> 00:21:35,961
for a large sum of money
from a Swiss bank account.

536
00:21:36,021 --> 00:21:38,694
McCOY: Haddad claimed
he had been forced
to leave his country.

537
00:21:38,756 --> 00:21:40,463
A Swiss account may
have been the only way

538
00:21:40,525 --> 00:21:41,902
to take his life savings
with him.

539
00:21:41,960 --> 00:21:44,998
Still, you have to admit,
coupled with his attempt
to hide who he was,

540
00:21:45,063 --> 00:21:46,974
it's pretty suspicious
circumstances.

541
00:21:47,031 --> 00:21:48,510
Even if it is,

542
00:21:48,566 --> 00:21:51,672
suspicious circumstances
can't condemn a man to death.

543
00:21:51,736 --> 00:21:53,579
LEWIN: Do we
have any idea
where Miller is?

544
00:21:53,638 --> 00:21:54,810
Right now,
it's anybody's guess.

545
00:21:54,873 --> 00:21:56,546
Plus, this guy
is Special Forces.

546
00:21:56,975 --> 00:21:59,319
Then let's talk
to the people
who trained him.

547
00:22:00,511 --> 00:22:02,991
Frank Miller joined
Special Forces in '89,

548
00:22:03,047 --> 00:22:04,889
had advanced
weapons training.

549
00:22:04,948 --> 00:22:07,019
Transferred to
Army Intelligence.

550
00:22:07,084 --> 00:22:08,461
What did he do
for them?

551
00:22:09,086 --> 00:22:11,157
Surveillance
and covert operations.

552
00:22:11,221 --> 00:22:14,065
Seems like
you may have taught him
a little too well.

553
00:22:14,124 --> 00:22:17,128
Well, there's no question
Lieutenant Miller was a bit
of a cowboy.

554
00:22:17,194 --> 00:22:18,867
That's one of
the reasons
we let him go.

555
00:22:18,929 --> 00:22:21,205
I was under the impression
he resigned his commission.

556
00:22:23,333 --> 00:22:26,212
Passed over twice
for promotion,
he got the message.

557
00:22:26,270 --> 00:22:27,681
Which was?

558
00:22:27,738 --> 00:22:29,046
Let's just say
he didn't see eye-to-eye

559
00:22:29,106 --> 00:22:32,018
with department policy
regarding the end
of the Gulf conflict.

560
00:22:32,074 --> 00:22:34,577
He wanted to
finish Saddam off
right then and there.

561
00:22:34,644 --> 00:22:36,988
Can't say everyone
around here disagreed
with him either.

562
00:22:37,180 --> 00:22:39,353
Do you have any idea
how we can track
him down, Major?

563
00:22:39,415 --> 00:22:40,860
Check with local
V.A. hospitals.

564
00:22:41,384 --> 00:22:42,920
When Miller came home
from Desert Storm,

565
00:22:42,985 --> 00:22:44,396
he came home
pretty sick.

566
00:22:48,224 --> 00:22:49,862
<i>CLERK: I'm usually
pretty good with faces,</i>

567
00:22:50,192 --> 00:22:51,933
but him
I don't recognize.

568
00:22:51,994 --> 00:22:53,701
Are you sure he came
to this pharmacy?

569
00:22:53,763 --> 00:22:56,709
According to the V.A.,
he would've been here
about a week ago.

570
00:22:56,765 --> 00:22:58,802
Let me check
our invoices.

571
00:23:00,235 --> 00:23:01,407
(COMPUTER BEEPS)

572
00:23:01,469 --> 00:23:02,743
Miller, Frank.

573
00:23:03,004 --> 00:23:05,644
We filled the prescription
last Wednesday, actually.

574
00:23:05,707 --> 00:23:07,618
But you don't
recognize him?

575
00:23:07,676 --> 00:23:10,782
Oh, that's because
he used our
delivery service.

576
00:23:15,050 --> 00:23:16,188
Freeze!

577
00:23:16,251 --> 00:23:17,355
Who the hell are you?

578
00:23:17,419 --> 00:23:18,727
Keep your hands
where they are!

579
00:23:18,787 --> 00:23:20,824
Where's Frank Miller?
I have no idea.

580
00:23:20,889 --> 00:23:23,767
That's a lie.
He had a prescription
delivered here last week.

581
00:23:25,025 --> 00:23:27,869
Ed, looks like
surveillance tapes.

582
00:23:28,462 --> 00:23:30,305
Haddad's name's
all over them.

583
00:23:30,364 --> 00:23:31,775
Where did you get these?
BOB: They're Frank's.

584
00:23:31,865 --> 00:23:33,538
I've been doing
some translations
for him.

585
00:23:33,601 --> 00:23:34,705
What's on these tapes?

586
00:23:34,768 --> 00:23:36,475
Just chatter,
conversation.

587
00:23:36,537 --> 00:23:37,914
Look, I really
don't know anything.

588
00:23:38,839 --> 00:23:40,113
Why you?

589
00:23:40,307 --> 00:23:41,877
It's how
I make my living.

590
00:23:41,942 --> 00:23:43,478
I was a communications
specialist

591
00:23:43,544 --> 00:23:45,319
in Frank's outfit
before my accident.

592
00:23:45,379 --> 00:23:46,790
Look, what...
What's going on?

593
00:23:46,847 --> 00:23:48,485
Your buddy's
in a lot of trouble.

594
00:23:48,549 --> 00:23:49,618
BOB: For what?

595
00:23:49,682 --> 00:23:51,992
That guy he was
spying on is dead.

596
00:23:52,051 --> 00:23:53,052
Oh, my God.

597
00:23:53,119 --> 00:23:54,154
ED: When's he
coming back?

598
00:23:54,220 --> 00:23:55,699
I don't know.

599
00:23:55,755 --> 00:23:58,702
You know how
tough prison can be
in a wheelchair?

600
00:23:58,858 --> 00:23:59,893
(SIGHS)

601
00:23:59,959 --> 00:24:02,098
Frank's not
coming back here.

602
00:24:02,695 --> 00:24:05,437
Look, he was here
a few days ago.

603
00:24:06,265 --> 00:24:08,370
He told me to
send everything
to this Internet guy.

604
00:24:08,434 --> 00:24:11,108
Tape originals,
transcripts, copies,
everything.

605
00:24:11,170 --> 00:24:12,342
And what's
this guy's name?

606
00:24:12,672 --> 00:24:13,673
(SIGHS)

607
00:24:14,140 --> 00:24:15,311
Adam Teague.

608
00:24:16,942 --> 00:24:18,353
We'll see ourselves in.

609
00:24:18,410 --> 00:24:19,889
I'm on a deadline,
I can't talk now.

610
00:24:19,945 --> 00:24:21,356
Adam Teague,
you're under arrest

611
00:24:21,413 --> 00:24:22,824
for conspiracy
to commit murder.

612
00:24:22,881 --> 00:24:24,656
That's ridiculous!
The murder of who?

613
00:24:24,716 --> 00:24:26,457
Joseph Haden.
(GROANS)
Haden my ass.

614
00:24:26,518 --> 00:24:27,758
You mean,
Juseff Haddad.

615
00:24:27,819 --> 00:24:29,059
You have the right
to remain silent.

616
00:24:29,121 --> 00:24:30,122
Don't you people
understand?

617
00:24:30,188 --> 00:24:32,259
These people are here
They're waiting for us.
Please remain silent.

618
00:24:32,324 --> 00:24:33,302
They're waiting
for orders
to destroy us!

619
00:24:33,358 --> 00:24:34,496
You have the right
to an attorney...

620
00:24:34,559 --> 00:24:36,436
You should be glad
there's someone like me
looking out for us.

621
00:24:36,495 --> 00:24:38,236
Look at my face,
I'm ecstatic.

622
00:24:41,298 --> 00:24:43,335
<i>I'm being punished
for trying to
tell the truth.</i>

623
00:24:43,601 --> 00:24:46,946
You can come down
from your soap box,
Mr. Teague.

624
00:24:47,004 --> 00:24:49,177
You're being prosecuted
for participating

625
00:24:49,240 --> 00:24:52,221
in a conspiracy leading
to a man's death.

626
00:24:52,276 --> 00:24:55,519
You're forgetting that
a murder conspiracy charge
requires an overt act.

627
00:24:55,579 --> 00:24:57,058
Which we can make out
through your client's

628
00:24:57,114 --> 00:24:58,889
financial assistance
to Frank Miller.

629
00:24:58,949 --> 00:25:01,520
And his acceptance
of Miller's tapes.

630
00:25:01,852 --> 00:25:03,763
The First Amendment
doesn't shield
a journalist

631
00:25:04,188 --> 00:25:06,930
from accomplice liability
after the fact.

632
00:25:06,991 --> 00:25:09,402
Even if my client
did pay for the tapes
and accept them,

633
00:25:09,459 --> 00:25:11,564
you still have to
prove he knew Miller
would kill this man.

634
00:25:11,628 --> 00:25:13,733
You financed
Miller's operation,

635
00:25:13,797 --> 00:25:15,572
you shared information.

636
00:25:15,632 --> 00:25:18,044
You can't put
a murder in motion

637
00:25:18,101 --> 00:25:20,479
and then claim you had
nothing to do with it
when it happens.

638
00:25:20,537 --> 00:25:22,710
I'm a reporter.
I didn't put anything
in motion.

639
00:25:22,772 --> 00:25:24,080
Well, then maybe
you can explain

640
00:25:24,140 --> 00:25:26,677
what you and Miller
talked about the day
of Haddad's murder?

641
00:25:27,010 --> 00:25:28,512
McCOY: I don't think a jury
will have much trouble

642
00:25:28,578 --> 00:25:31,889
concluding it was a call
about Juseff Haddad.

643
00:25:33,715 --> 00:25:35,194
You didn't care
what you published,

644
00:25:36,085 --> 00:25:38,326
what it meant
to Juseff Haddad.

645
00:25:42,491 --> 00:25:44,437
What do you think it meant?

646
00:25:44,893 --> 00:25:47,396
The money,
hiding who he was...

647
00:25:48,063 --> 00:25:49,337
So, you invited
Frank Miller

648
00:25:49,398 --> 00:25:51,537
to take matters
into his own hands.

649
00:25:51,600 --> 00:25:54,206
Look, I never meant
for him to kill anyone.

650
00:25:54,269 --> 00:25:56,647
Miller was all wound up
talking about 9111,

651
00:25:56,705 --> 00:25:58,048
how Haddad had
to be stopped.

652
00:25:58,107 --> 00:25:59,518
He said that
no one at the FBI
would listen

653
00:25:59,575 --> 00:26:00,917
because we just didn't
have the goods.

654
00:26:01,175 --> 00:26:03,246
And you don't
pick up the phone
to warn anyone?

655
00:26:03,478 --> 00:26:06,618
No. Not after I talked
to my source
in the State Department.

656
00:26:06,681 --> 00:26:10,629
See, Miller had
been monitoring
Haddad's overseas calls.

657
00:26:11,252 --> 00:26:12,595
In some of
the conversations,

658
00:26:12,653 --> 00:26:14,394
he talked about
bringing his family here.

659
00:26:14,455 --> 00:26:16,059
A wife, a child.

660
00:26:16,624 --> 00:26:22,233
The day he got killed,
I found out that Haddad
had no wife, no kid.

661
00:26:23,564 --> 00:26:25,475
He had
no family at all.

662
00:26:28,468 --> 00:26:30,414
It was all code.

663
00:26:35,442 --> 00:26:37,444
And you told
Miller that?

664
00:26:38,879 --> 00:26:41,883
I wanted Frank to know
that he'd done his job.

665
00:26:41,948 --> 00:26:43,689
That we could go
to the FBI.

666
00:26:43,750 --> 00:26:44,956
That... That they'd
have no choice now.

667
00:26:45,018 --> 00:26:47,828
But he just
wouldn't listen
to reason.

668
00:26:52,092 --> 00:26:53,968
What's on the table here?

669
00:26:56,128 --> 00:26:59,905
If he's willing to testify
and tell us where Miller is,

670
00:27:01,934 --> 00:27:05,108
I'd be willing to consider
a negligent homicide charge.

671
00:27:06,906 --> 00:27:08,510
I was only
doing my job.

672
00:27:08,908 --> 00:27:12,014
You lit a fuse
you couldn't put out,
Mr. Teague.

673
00:27:21,519 --> 00:27:22,623
Get down!
Down on your knees!

674
00:27:22,687 --> 00:27:24,030
Get down!
On your knees!

675
00:27:24,089 --> 00:27:25,568
Down. Down.
Clear.

676
00:27:26,157 --> 00:27:27,534
We're all clear,
Detectives.

677
00:27:27,592 --> 00:27:28,696
Frank Miller,
you're under arrest

678
00:27:28,760 --> 00:27:30,239
for the murder
of Juseff Haddad.

679
00:27:30,295 --> 00:27:31,774
On your feet!

680
00:27:31,963 --> 00:27:33,135
I didn't murder anyone.

681
00:27:33,197 --> 00:27:35,199
Oh, yeah?
There's somebody down
at the M.E.'s office

682
00:27:35,266 --> 00:27:37,439
doing a pretty
good impression
of a dead guy.

683
00:27:37,502 --> 00:27:39,675
You have the right
to remain silent.
Anything you say...

684
00:27:43,441 --> 00:27:46,148
<i>"Docket 2508,
People v. Miller,</i>

685
00:27:46,209 --> 00:27:48,052
"one count murder
in the second degree,

686
00:27:48,112 --> 00:27:50,854
"one count arson
in the first degree."

687
00:27:50,914 --> 00:27:53,053
Counselor,
does your client wish
to enter a plea?

688
00:27:53,116 --> 00:27:54,459
HASTINGS: Your Honor,
my client refuses

689
00:27:54,518 --> 00:27:57,499
to recognize
the jurisdiction
of this court.

690
00:27:58,388 --> 00:28:00,994
Is your client in need
of a psych exam,
Mr. Hastings?

691
00:28:01,091 --> 00:28:03,628
I'm not crazy.
I served in
Desert Storm.

692
00:28:03,694 --> 00:28:05,935
I've been wounded
in battle defending
my nation.

693
00:28:05,996 --> 00:28:07,270
I received
a Bronze Star.

694
00:28:07,331 --> 00:28:09,811
The defendant's
military record is
irrelevant, Your Honor.

695
00:28:10,133 --> 00:28:12,476
Irrelevant?
I have devoted my life

696
00:28:12,535 --> 00:28:14,276
to the defense
of my country.

697
00:28:14,337 --> 00:28:16,146
Killing the enemy
is not murder.

698
00:28:16,205 --> 00:28:17,843
Counselor,
you might want
to remind your client

699
00:28:17,907 --> 00:28:20,148
that anything he says
in this courtroom can
be used against him.

700
00:28:20,209 --> 00:28:21,381
It is our position

701
00:28:21,444 --> 00:28:23,253
that any acts
Lieutenant Miller
may have committed,

702
00:28:23,312 --> 00:28:26,122
he did so in the capacity
of a soldier during wartime.

703
00:28:26,315 --> 00:28:28,488
A soldier in whose army
under whose orders?

704
00:28:28,784 --> 00:28:30,855
JUDGE: I think
I'll let the trial court
sort that one out.

705
00:28:30,920 --> 00:28:33,958
He also demands
an immediate and
unconditional release.

706
00:28:34,023 --> 00:28:35,934
Now that one I can
decide on my own.

707
00:28:35,992 --> 00:28:38,096
Defendant's application
for release is denied.

708
00:28:38,159 --> 00:28:39,433
Defendant
is hereby remanded.

709
00:28:41,396 --> 00:28:42,932
I'll take care of it,
all right?

710
00:28:45,900 --> 00:28:48,437
My client relies
on the statements
of the Attorney General

711
00:28:48,503 --> 00:28:50,710
that terrorists
are illegal combatants.

712
00:28:50,772 --> 00:28:52,774
Which has no bearing
on acts of murder

713
00:28:52,841 --> 00:28:54,343
committed in
New York City.

714
00:28:54,409 --> 00:28:56,685
Haddad's legal status
has every bearing.

715
00:28:56,745 --> 00:28:59,658
Judge, according to
the highest law
enforcement official

716
00:28:59,714 --> 00:29:00,715
in this land,

717
00:29:00,782 --> 00:29:04,319
illegal combatants
are subject to
summary execution.

718
00:29:04,385 --> 00:29:06,023
As far as I know,
that determination

719
00:29:06,086 --> 00:29:08,430
hasn't been limited
to a particular geography.

720
00:29:08,489 --> 00:29:10,400
But clearly
it's limited to battle,

721
00:29:10,457 --> 00:29:11,936
and under exigent
circumstances.

722
00:29:11,992 --> 00:29:14,529
Which is exactly
what my client was facing.

723
00:29:14,595 --> 00:29:17,041
A terrorist about to
attack this country.

724
00:29:17,331 --> 00:29:18,935
He murdered a man.

725
00:29:18,999 --> 00:29:20,239
He used the skills
and training

726
00:29:20,301 --> 00:29:21,905
his country gave him
and he acted.

727
00:29:21,969 --> 00:29:25,974
By setting
an apartment on fire
to cover his crime?

728
00:29:26,040 --> 00:29:28,611
Not exactly the actions
of a soldier

729
00:29:28,676 --> 00:29:30,677
who thought what
he'd done was right,
Counselor.

730
00:29:31,210 --> 00:29:32,280
HASTINGS: Do you know
what Haddad was doing

731
00:29:32,345 --> 00:29:33,824
at that garage
he worked at?

732
00:29:33,880 --> 00:29:35,917
Learning how to
drive 18 wheelers.

733
00:29:35,982 --> 00:29:38,189
They had a deal
with a trucking company.

734
00:29:38,251 --> 00:29:40,128
That's why he wanted
that driver's license
so badly.

735
00:29:40,386 --> 00:29:41,922
McCOY: So we all
turn our backs

736
00:29:41,988 --> 00:29:44,195
when a cold-blooded
murder is committed?

737
00:29:44,390 --> 00:29:47,462
We do that, we turn
into the very thing
we're fighting.

738
00:29:47,527 --> 00:29:50,269
The word "terrorism"
loses its meaning.

739
00:29:50,330 --> 00:29:51,570
I agree
with Mr. McCoy.

740
00:29:51,631 --> 00:29:54,111
Your client
is a civilian,
not a soldier.

741
00:29:54,167 --> 00:29:55,873
All due respect,
Your Honor,

742
00:29:55,934 --> 00:29:57,413
but we're all soldiers.

743
00:29:57,469 --> 00:30:00,143
Soldiers in a war
against terrorism.

744
00:30:00,205 --> 00:30:02,879
I know this because
CNN tells me so every day.

745
00:30:03,508 --> 00:30:06,421
The Homeland Secretary
tells us we're all
on yellow alert.

746
00:30:06,478 --> 00:30:08,822
That has to
mean something more
than just a color.

747
00:30:09,181 --> 00:30:10,888
If Juseff Haddad was
indeed a terrorist,

748
00:30:10,949 --> 00:30:13,691
then my client was acting
in defense of country.

749
00:30:13,752 --> 00:30:15,857
If you won't dismiss
this case outright,

750
00:30:15,921 --> 00:30:17,992
at least let me
raise this at trial.

751
00:30:18,056 --> 00:30:19,330
Motion to dismiss
is denied.

752
00:30:19,591 --> 00:30:20,695
Judge...
However, the defendant

753
00:30:20,759 --> 00:30:23,898
will be able to assert
reasonable fear of
imminent harm at trial.

754
00:30:23,995 --> 00:30:25,133
Your Honor...

755
00:30:25,196 --> 00:30:27,107
I said he could assert
a claim, Mr. McCoy.

756
00:30:27,164 --> 00:30:29,269
None of us knows
whether it'll fly.

757
00:30:35,272 --> 00:30:36,910
Acting in defense
of country.

758
00:30:36,974 --> 00:30:39,147
He's asserting a clear
and present danger.

759
00:30:39,210 --> 00:30:41,486
He's making up the law
as he goes along.

760
00:30:41,545 --> 00:30:45,550
Illegal combatants
military tribunals,
a war on terrorism.

761
00:30:45,616 --> 00:30:47,527
We're all making it up
as we go along.

762
00:30:47,585 --> 00:30:49,791
Justice isn't
a moving target.

763
00:30:49,853 --> 00:30:51,560
We can't just forget
the rule of law

764
00:30:51,621 --> 00:30:54,625
because we don't like
who lays claim to it.

765
00:30:54,691 --> 00:30:55,761
The jury might
bend a little

766
00:30:55,825 --> 00:30:58,169
when they find out
who Haddad was.

767
00:30:58,228 --> 00:30:59,832
The FBI just
faxed this over.

768
00:31:00,263 --> 00:31:01,537
They traced the source
of the money

769
00:31:01,598 --> 00:31:04,408
in his Swiss bank account
to a Sudanese charity.

770
00:31:04,467 --> 00:31:06,378
It's on a terrorist
watch list.

771
00:31:06,436 --> 00:31:09,679
Which Miller couldn't
have known about
at the time.

772
00:31:09,739 --> 00:31:11,548
Which a jury
definitely will know.

773
00:31:11,608 --> 00:31:13,747
Miller doesn't
get the benefit
of hindsight.

774
00:31:13,810 --> 00:31:18,258
He can't murder someone
and then hope afterwards
it turns out he was right.

775
00:31:18,380 --> 00:31:19,825
Only he was right.

776
00:31:19,882 --> 00:31:22,795
Based on what information
at the time? What proof?

777
00:31:22,851 --> 00:31:25,695
The only thing that
made Juseff Haddad
a terrorist

778
00:31:25,754 --> 00:31:29,497
at the time of his murder
was where he came from
and who he talked to.

779
00:31:30,259 --> 00:31:32,865
The moment we agree
to use a person's origin

780
00:31:33,262 --> 00:31:35,139
as a litmus test
for terrorism

781
00:31:35,197 --> 00:31:37,643
is the moment
the terrorism turns us
into racists.

782
00:31:37,699 --> 00:31:39,975
LEWIN: Yeah,
but you're forgetting
there's a reality here.

783
00:31:40,035 --> 00:31:42,480
The reality of
who attacked us.

784
00:31:42,537 --> 00:31:44,107
And where they're from.

785
00:31:44,172 --> 00:31:46,948
In World War ll we put
Japanese-Americans
into camps.

786
00:31:47,008 --> 00:31:49,614
I'm sure everyone
concerned at the time

787
00:31:49,677 --> 00:31:51,054
thought it was right.

788
00:31:51,112 --> 00:31:53,615
But that didn't
make it right,
or legal.

789
00:31:53,681 --> 00:31:55,922
A jury who learns that
Haddad was a terrorist

790
00:31:55,983 --> 00:31:58,657
will vote their fears,
not their principles.

791
00:31:59,320 --> 00:32:01,800
It's our job
to keep fear out
of the courtroom.

792
00:32:03,391 --> 00:32:04,529
Only I think what
we're saying is

793
00:32:04,592 --> 00:32:06,663
we're not sure
that we can.

794
00:32:12,833 --> 00:32:14,904
McCOY: The audio tapes
from which you made
the transcriptions

795
00:32:14,968 --> 00:32:17,039
were given to you
by the defendant?

796
00:32:17,103 --> 00:32:19,583
Frank told me he was
doing surveillance work
for the Army.

797
00:32:19,639 --> 00:32:21,209
But you knew
that wasn't true?

798
00:32:21,274 --> 00:32:23,720
It was my out,
in case Frank
got caught.

799
00:32:24,144 --> 00:32:25,316
McCOY:
Then the defendant
understood that

800
00:32:25,378 --> 00:32:27,051
what he was doing
was illegal?

801
00:32:27,113 --> 00:32:28,387
HASTINGS: Objection.

802
00:32:28,448 --> 00:32:29,791
Sustained.

803
00:32:29,850 --> 00:32:31,591
In the translations
you made

804
00:32:31,651 --> 00:32:34,187
of Mr. Haddad's
phone conversations,

805
00:32:34,253 --> 00:32:38,258
did you ever find
any information proving
that he was a terrorist?

806
00:32:38,724 --> 00:32:40,465
Nothing specific, no.

807
00:32:40,526 --> 00:32:42,733
What did you hear
on those tapes?

808
00:32:42,795 --> 00:32:45,366
Mostly Haddad talked
about his family,

809
00:32:45,431 --> 00:32:47,001
about bringing them
to America.

810
00:32:47,066 --> 00:32:48,568
Did you tell this
to the defendant?

811
00:32:48,634 --> 00:32:49,635
Yes.

812
00:32:49,802 --> 00:32:51,577
What was his reaction?

813
00:32:51,637 --> 00:32:54,243
Frank said
that we should
keep listening.

814
00:32:55,574 --> 00:32:57,815
That there had to
be something.

815
00:33:06,417 --> 00:33:09,955
Find anything
when you listened to
these tapes, Sergeant?

816
00:33:10,021 --> 00:33:11,398
Anything
suspicious at all?

817
00:33:11,890 --> 00:33:13,301
There were
a lot of things.

818
00:33:13,358 --> 00:33:15,668
For one, there were
references to money.

819
00:33:15,727 --> 00:33:17,172
What sort
of references?

820
00:33:17,228 --> 00:33:19,174
Haddad kept assuring
who he was talking to

821
00:33:19,230 --> 00:33:20,675
that things
were in place.

822
00:33:20,732 --> 00:33:21,904
That he had
access to money,

823
00:33:21,966 --> 00:33:23,309
that everything
would be waiting.

824
00:33:23,368 --> 00:33:24,438
HASTINGS: Waiting?

825
00:33:24,502 --> 00:33:25,809
Like I said,
there were references

826
00:33:25,869 --> 00:33:28,315
that others were gonna
be coming over, his family.

827
00:33:29,239 --> 00:33:31,776
How did Lieutenant Miller
react to all this?

828
00:33:31,842 --> 00:33:33,981
He thought Haddad
was a sleeper.

829
00:33:34,311 --> 00:33:35,654
A sleeper?

830
00:33:35,946 --> 00:33:38,222
Someone here
waiting for orders.

831
00:33:38,682 --> 00:33:40,252
Now, Joseph Haden,

832
00:33:40,317 --> 00:33:43,628
that's what the subject
on the tape called himself.

833
00:33:43,954 --> 00:33:46,662
He kept his real name,
Juseff Haddad, secret?

834
00:33:46,723 --> 00:33:48,168
As far as I know, yes.

835
00:33:48,459 --> 00:33:50,166
What about the phone
he was using?

836
00:33:50,227 --> 00:33:53,002
It was a prepaid,
untraceable cell phone.

837
00:33:53,829 --> 00:33:55,775
He had no telephone
in his apartment?

838
00:33:55,832 --> 00:33:56,936
None.

839
00:33:57,800 --> 00:33:59,677
And he had
a minimum wage job?

840
00:33:59,735 --> 00:34:01,237
Yes. I believe so.

841
00:34:01,304 --> 00:34:05,411
Are you aware
that Juseff Haddad,
or whatever his name was,

842
00:34:06,042 --> 00:34:08,682
had almost $90,000
in the bank?

843
00:34:09,078 --> 00:34:10,352
Objection.

844
00:34:10,413 --> 00:34:11,824
Overruled.

845
00:34:11,881 --> 00:34:14,259
I think Frank had access
to his bank account.

846
00:34:14,317 --> 00:34:16,024
Are you also aware
that Mohammed Atta,

847
00:34:16,085 --> 00:34:17,893
the man behind
the 9/11 attacks

848
00:34:18,186 --> 00:34:20,530
also had
a minimum wage job?
Objection!

849
00:34:20,589 --> 00:34:22,626
And hundreds of thousands
of dollars in the bank?

850
00:34:22,691 --> 00:34:23,931
Objection!
Sustained.

851
00:34:23,992 --> 00:34:25,471
While he was
planning to destroy
the World Trade Center?

852
00:34:25,527 --> 00:34:28,872
Your Honor!
Move on or be seated,
Mr. Hastings.

853
00:34:32,234 --> 00:34:35,909
I think everything
that needs to be said
has just been said.

854
00:34:48,616 --> 00:34:50,391
Serena told me
she saw heads nodding

855
00:34:50,451 --> 00:34:53,489
in the jury box
during Hastings' cross.

856
00:34:54,855 --> 00:34:58,132
Fears in,
common sense judgment
goes out the window.

857
00:34:58,726 --> 00:35:02,230
You once told me that
when people were afraid,

858
00:35:02,296 --> 00:35:04,139
they'd consider
any means necessary

859
00:35:04,198 --> 00:35:06,576
in order
to feel safe again.

860
00:35:06,634 --> 00:35:08,409
People can consider
whatever they want.

861
00:35:08,469 --> 00:35:11,142
But fear is not
a license to kill.

862
00:35:13,339 --> 00:35:17,810
What Miller did
put everyone who lived
in that building at risk.

863
00:35:18,878 --> 00:35:22,724
He acted as a vigilante,
not in anyone's defense.

864
00:35:23,683 --> 00:35:25,629
Labels won't
matter if there's
an acquittal, Jack.

865
00:35:27,620 --> 00:35:29,531
He hasn't
walked just yet.

866
00:35:29,589 --> 00:35:31,466
Yeah.
But if he does...

867
00:35:31,991 --> 00:35:34,198
There's lunatics
out there.

868
00:35:34,627 --> 00:35:36,231
They'll consider
a not guilty verdict

869
00:35:36,296 --> 00:35:38,468
as the start of
open season on Arabs.

870
00:35:41,233 --> 00:35:43,270
And the alternative
is what?

871
00:35:43,335 --> 00:35:45,406
Make it go away.
Offer him man one.

872
00:35:45,470 --> 00:35:47,575
If he takes it,
the point's been made.

873
00:35:48,307 --> 00:35:49,911
I can't do that.

874
00:35:50,342 --> 00:35:51,878
Can't or won't?

875
00:35:53,779 --> 00:35:55,258
I'll withdraw
from the case,
if you want,

876
00:35:55,313 --> 00:35:56,792
and I'll understand
the reason why,

877
00:35:56,848 --> 00:35:58,725
but I can't
make a deal here.

878
00:35:59,351 --> 00:36:00,455
Why?

879
00:36:00,519 --> 00:36:01,964
Because of how easy
it would be.

880
00:36:02,020 --> 00:36:05,091
Because of how
much I personally
want to do it.

881
00:36:06,524 --> 00:36:09,630
Miller's not on trial
in this case, Nora,
we are.

882
00:36:12,863 --> 00:36:14,934
How do we
plea bargain that?

883
00:36:20,371 --> 00:36:22,942
Ten years' service
in the Army.

884
00:36:23,107 --> 00:36:24,609
That's right.

885
00:36:24,675 --> 00:36:28,418
A Purple Heart,
Bronze Star for valor.

886
00:36:30,046 --> 00:36:32,390
Your nation considers you
a hero, Mr. Miller.

887
00:36:32,449 --> 00:36:34,053
I was just
doing my duty.

888
00:36:34,117 --> 00:36:36,393
And your pursuit
of Juseff Haddad?

889
00:36:36,453 --> 00:36:38,262
Something I also felt
duty bound to do.

890
00:36:38,321 --> 00:36:39,527
As a patriot.

891
00:36:39,589 --> 00:36:40,863
And what
made you feel that?

892
00:36:40,924 --> 00:36:43,200
Everything.
Everything about him.

893
00:36:44,227 --> 00:36:45,934
The fact
he was here illegally.

894
00:36:45,996 --> 00:36:47,839
The fact he used
a false name

895
00:36:47,897 --> 00:36:49,604
actively concealed
who he was.

896
00:36:49,666 --> 00:36:51,839
Couldn't he have
simply been afraid
of deportation?

897
00:36:51,901 --> 00:36:54,507
He was meeting other Arabs,
men from his mosque.

898
00:36:55,004 --> 00:36:56,038
And he was going out
of his way

899
00:36:56,105 --> 00:36:58,051
to make people think
that he was poor,

900
00:36:58,107 --> 00:37:00,417
but he had $90,000
in the bank.

901
00:37:01,310 --> 00:37:03,790
An immigrant
does everything
to build a life.

902
00:37:04,546 --> 00:37:07,186
Haddad was
doing everything
to hide his.

903
00:37:08,283 --> 00:37:09,318
Anything else?

904
00:37:09,385 --> 00:37:10,659
He was getting calls
from overseas

905
00:37:10,753 --> 00:37:12,391
on an untraceable
cell phone.

906
00:37:12,454 --> 00:37:13,831
He was being told
to get things ready.

907
00:37:13,889 --> 00:37:17,928
And over and over again,
he talked about
bringing his family here.

908
00:37:17,993 --> 00:37:20,166
And that had some
significance for you?

909
00:37:20,562 --> 00:37:22,097
Well,
from the conversation
on these tapes,

910
00:37:22,163 --> 00:37:24,609
these people were supposed
to be coming any day.

911
00:37:24,666 --> 00:37:27,545
But Haddad never
did a thing to
get his place ready.

912
00:37:28,036 --> 00:37:29,606
No beds, nothing.

913
00:37:30,772 --> 00:37:32,115
And what did
you conclude?

914
00:37:32,173 --> 00:37:34,949
It was obvious
"family" was code.

915
00:37:35,009 --> 00:37:37,353
Haddad was a terrorist,
a sleeper.

916
00:37:37,712 --> 00:37:39,783
So you decided
to stop him?

917
00:37:40,381 --> 00:37:43,419
Not till after
the last phone call
from Teague.

918
00:37:44,719 --> 00:37:46,528
And what did
he tell you?

919
00:37:46,954 --> 00:37:51,265
He confirmed that
Haddad had no family,
no wife, no child

920
00:37:52,359 --> 00:37:54,134
and that I'd been right
about the code.

921
00:37:54,194 --> 00:37:56,970
And only then
did you act?

922
00:37:58,231 --> 00:38:00,507
I did what I was
trained to do.

923
00:38:06,173 --> 00:38:08,119
Did what you were
trained to do?
That's right!

924
00:38:08,175 --> 00:38:11,622
On whose orders?
Where was the chain
of command in all this?

925
00:38:11,678 --> 00:38:12,713
You don't get it.

926
00:38:12,779 --> 00:38:15,782
Who verified the target
before you took it
on yourself to act?

927
00:38:15,848 --> 00:38:19,352
I just testified that
Teague had confirmed
Haddad had no family.

928
00:38:19,418 --> 00:38:20,658
Teague is a journalist.

929
00:38:20,720 --> 00:38:22,165
He had a source
in the State Department.

930
00:38:22,221 --> 00:38:23,598
And there was
no question
in your mind

931
00:38:23,656 --> 00:38:25,033
that this source
was reliable?

932
00:38:25,091 --> 00:38:26,161
None whatsoever.

933
00:38:26,225 --> 00:38:28,068
So you knew
at that point.

934
00:38:28,127 --> 00:38:29,936
Juseff Haddad
was a terrorist!

935
00:38:30,863 --> 00:38:31,933
Yes.

936
00:38:33,532 --> 00:38:35,443
Only you didn't
call the FBI?

937
00:38:35,501 --> 00:38:37,947
The FBI ignored
the warning signs.

938
00:38:38,904 --> 00:38:40,541
But you had
new evidence.

939
00:38:40,605 --> 00:38:43,950
Surely with this proof
the FBI would have had
to act.

940
00:38:45,877 --> 00:38:47,185
Only you couldn't wait,
could you?

941
00:38:47,378 --> 00:38:48,823
I didn't think so, no.

942
00:38:48,880 --> 00:38:50,951
Or was it that
you didn't want to?

943
00:38:51,015 --> 00:38:52,995
You knew that
not a single dime

944
00:38:53,051 --> 00:38:54,826
of the money
had been touched.

945
00:38:54,886 --> 00:38:58,129
That not a single contact
had been made
by Mr. Haddad.

946
00:38:58,189 --> 00:38:59,668
But you
went there anyway,
didn't you?

947
00:38:59,724 --> 00:39:02,000
Objection.
You went there
without a warrant,

948
00:39:02,060 --> 00:39:04,040
without benefit
of any legal authority,

949
00:39:04,095 --> 00:39:05,870
intent on
killing this man.

950
00:39:05,930 --> 00:39:07,567
HASTINGS: Objection!
JUDGE: Overruled.

951
00:39:07,631 --> 00:39:11,078
I told you.
I did what I was
trained to do.

952
00:39:11,168 --> 00:39:13,978
When did
the Army train you

953
00:39:14,505 --> 00:39:17,349
to kill an unarmed
prisoner, Mr. Miller?

954
00:39:22,479 --> 00:39:26,017
When did the Army train you
to risk civilian lives

955
00:39:26,083 --> 00:39:29,826
in an explosion
designed to
hide your crime?

956
00:39:30,521 --> 00:39:31,932
Osama bin Laden
never thought

957
00:39:31,989 --> 00:39:33,729
the Towers would
come down either,
Mr. Miller.

958
00:39:33,789 --> 00:39:35,791
Your Honor!
Strike that
last comment.

959
00:39:35,858 --> 00:39:38,099
These people are here.

960
00:39:38,794 --> 00:39:40,865
The FBI knows it,
the CIA.

961
00:39:40,930 --> 00:39:42,068
You must understand,

962
00:39:42,131 --> 00:39:45,408
if we don't
kill them first,
they will kill us.

963
00:39:45,468 --> 00:39:47,880
Which would make
who the terrorist?

964
00:40:00,048 --> 00:40:02,892
You can defend your
home, your family.

965
00:40:04,319 --> 00:40:06,094
Nobody'll question you,

966
00:40:06,154 --> 00:40:08,327
doubt the sincerity
of your motives.

967
00:40:09,558 --> 00:40:12,505
But some attacks,
you can't know
who the victim will be

968
00:40:12,994 --> 00:40:14,940
or when the attack
will come.

969
00:40:14,996 --> 00:40:16,703
Nobody could have
imagined that

970
00:40:16,765 --> 00:40:18,369
a beautiful
September morning

971
00:40:18,433 --> 00:40:21,573
could have been
the prelude to
so much death.

972
00:40:23,939 --> 00:40:26,509
Mr. McCoy would
have us wait for proof

973
00:40:26,574 --> 00:40:29,020
before he'll allow us
to defend ourselves.

974
00:40:29,743 --> 00:40:31,654
But sometimes
proof comes too late.

975
00:40:33,380 --> 00:40:34,586
Frank Miller acted.

976
00:40:35,249 --> 00:40:37,388
Did what he was
trained to do.

977
00:40:37,451 --> 00:40:38,896
Not for himself,

978
00:40:39,153 --> 00:40:42,327
but for you and for me.

979
00:40:43,924 --> 00:40:46,734
And no matter what
the prosecutor tells you
in this courtroom,

980
00:40:46,794 --> 00:40:49,434
the one thing
he won't tell you is
that Juseff Haddad

981
00:40:49,496 --> 00:40:51,702
wasn't here to harm us.

982
00:40:51,764 --> 00:40:55,405
If Haddad was a terrorist,
then Frank Miller is a hero.

983
00:40:56,836 --> 00:40:59,407
If it really is
a war we're fighting,

984
00:40:59,472 --> 00:41:02,783
if our country's survival
really is at stake,

985
00:41:02,842 --> 00:41:05,482
then the rules of war
have to apply.

986
00:41:07,547 --> 00:41:10,619
And you don't try
a soldier for murder.

987
00:41:13,319 --> 00:41:16,425
Not if you want him
to fight for you.

988
00:41:33,205 --> 00:41:34,582
(EXHALING)

989
00:41:34,640 --> 00:41:37,883
We all fear the
threat of terrorism

990
00:41:37,943 --> 00:41:41,516
and the simple fact
is that our lives
have changed.

991
00:41:42,981 --> 00:41:45,221
But what we do
with that fear

992
00:41:45,283 --> 00:41:48,321
will ultimately
define who we are.

993
00:41:50,321 --> 00:41:52,130
Do we let it overwhelm us,

994
00:41:52,723 --> 00:41:57,035
until we become
so consumed with dread
of what might be

995
00:41:57,995 --> 00:42:00,942
that we no longer give
thought to what should be?

996
00:42:01,832 --> 00:42:03,812
Or what we stand for?

997
00:42:05,002 --> 00:42:08,347
Being afraid
can't justify murder.

998
00:42:11,975 --> 00:42:14,285
Nor can calling
yourself a patriot.

999
00:42:16,713 --> 00:42:20,320
People in this country
are innocent until
proven guilty.

1000
00:42:22,152 --> 00:42:24,189
We've sent men off to die

1001
00:42:24,254 --> 00:42:26,131
in order
to protect that right.

1002
00:42:26,189 --> 00:42:29,636
Don't let's be
the first generation
to succumb to fear.

1003
00:42:30,894 --> 00:42:33,340
Not when so many
who came before us

1004
00:42:33,396 --> 00:42:34,898
stood their ground.

1005
00:42:37,132 --> 00:42:39,578
McCOY: When Frank Miller
took on the role

1006
00:42:39,635 --> 00:42:42,275
of judge, jury
and executioner,

1007
00:42:42,337 --> 00:42:45,318
his actions
diminished us all.

1008
00:42:45,974 --> 00:42:47,783
When in our name,

1009
00:42:47,843 --> 00:42:50,414
he took it upon himself
to kill a man,

1010
00:42:50,479 --> 00:42:53,756
we all lost a measure
of our humanity.

1011
00:42:56,952 --> 00:42:59,660
But this jury has a chance
to get it back.

1012
00:43:00,990 --> 00:43:02,434
Because this jury

1013
00:43:02,924 --> 00:43:05,404
has a chance to
answer the question.

1014
00:43:07,662 --> 00:43:09,539
How much of ourselves
as a country

1015
00:43:09,597 --> 00:43:12,077
are we willing to surrender
to terrorism?

1016
00:43:30,417 --> 00:43:31,828
Has the jury
reached a verdict?

1017
00:43:32,586 --> 00:43:34,497
Yes, we have, Your Honor.

1018
00:43:34,554 --> 00:43:36,431
As to the first count
in the indictment,

1019
00:43:36,490 --> 00:43:39,664
murder in the second degree
in the death of Juseff Haddad,

1020
00:43:39,726 --> 00:43:42,502
we find the defendant,
Frank Miller, guilty.

1021
00:43:57,743 --> 00:43:59,723
Five days of
jury deliberations.

1022
00:44:00,413 --> 00:44:02,825
Which means some of them
were ready to acquit.

1023
00:44:03,315 --> 00:44:06,228
LEWIN: A minority may have
given in to their fears
for a moment.

1024
00:44:06,819 --> 00:44:08,162
But you were right, Jack.

1025
00:44:08,220 --> 00:44:09,699
They came to their senses.

1026
00:44:10,723 --> 00:44:12,566
I think the American
dream is still safe.

1027
00:44:14,894 --> 00:44:16,805
Give us your tired,
your poor,

1028
00:44:17,763 --> 00:44:19,265
your terrorists.