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NARRATOR:
In the criminal justice system
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the people are represented by two
separate yet equally important groups,
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the police
who investigate crime
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and the district attorneys
who prosecute the offenders.
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These are their stories.
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(PANICKED CLAMORING)
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What's your location, Ladder
Seven-Two Can Man?
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OVER RADIO: Search negative in
apartment six-baker. Everybody's out.
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Received, six is clear.
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I'm gonna go check the
stairwell to the roof.
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We got flashover
in six-baker!
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Time to get outta there,
Ladder Seven-Two Can Man!
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I don't like this.
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Pick up transmission!
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Evacuate the building, Ladder
Seven-Two Can Man!
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Mayday! May...
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Get the fast truck
in there, now!
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(SCREAMING)
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That was Sean!
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(SHOUTING) Paramedics!
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He got trapped on top
of the main burn.
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Poor guy had two choices,
jump or be incinerated.
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What about his
emergency line?
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The old ones were too
heavy to carry.
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And the brass hasn't approved any
of the lighter-weight models.
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Well, I take my hat
off to you guys.
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Personally, I'd rather dodge bullets
than run into a burning building.
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What was his name?
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Sean Grafton from
Ladder Seventy-Two.
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His old man and two brothers
in the department.
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He have a family?
Yeah, a wife and two kids.
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That's rough.
How'd it start?
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That's why we called.
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Guys who were up there said
multiple points of origin.
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Arson.
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Well, we'll know more when we
get back in the building,
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but nine times out often,
you're right.
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Which means Sean Grafton
was murdered.
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The fire was started in two
separate areas of the sixth floor.
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The east stairwell landing
and the hallway.
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Was there any evidence
of an accelerant?
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Here and here, and a gallon milk
bottle with traces of gasoline.
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We're really lucky just to
have the one fatality.
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We need to figure out who the
target was.
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So we're thinkin' personal,
not arson for profit.
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Well, it doesn't make sense to me that
someone would torch the top floor
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if they wanted to burn down
the whole building.
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Gas in a milk bottle, this guy
was an amateur.
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00:02:50,337 --> 00:02:52,965
Well, there's
four apartments on six.
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And they're all burned out. So while
you guys run down the residents
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I'll canvass the gas stations
in the area.
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My smoke detector never
went off.
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If one of my neighbors hadn't
pounded on the door,
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we would've been
fried to a crisp.
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Do you live with somebody?
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My daughter, Hannah.
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Uh, we went out the fire escape.
She was terrified.
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How's she doin' now?
She's okay.
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I sent her to school.
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It's better she's with her friends than
sittin' upstairs in the hotel room.
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Do you or your daughter have any
problems outside of the home?
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What do you mean?
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Does anyone wanna cause you harm?
No. No.
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Where's Hannah's father,
Miss Wilder?
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Oh, he's been out of the picture
since before she was born.
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And your neighbors
on the sixth floor,
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do any of them have ongoing
disputes that you're aware of?
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Not really.
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It's always been
a quiet building.
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CLAUDE WORTHY:
That was somethin' huh?
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To see that man
go off the roof?
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Reminded me of the Towers.
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Is there any reason why this might've
been directed at you, Mr. Worthy?
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You think somebody set that
fire?
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We're just covering
all the bases.
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Then you should cover that
woman across the hall from me.
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The one in Six-B.
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Emily Wilder?
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00:04:01,007 --> 00:04:02,566
With the little girl.
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If I had a dollar for every argument
she got into with some boyfriend.
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Is there anything more
specific you can tell us,
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anything that
happened recently?
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Uh...
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Last week was it?
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A man pounding
on her door.
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Yelling for her
to let him in.
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I looked through my peephole to see
what all the commotion was about.
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You get a look at the guy?
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I got a look at his back.
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White.
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Brown hair over his collar.
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Had on an MTAjacket.
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Thanks.
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00:04:30,637 --> 00:04:33,766
So Emily Wilder forgot to
mention her rowdy boyfriend.
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So she can be protecting him, or scared
he might finish what he started.
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Maybe we should scare her.
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There might be an easier way.
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Well, have you contacted
the Board of Education?
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We don't have time to get
jammed up in the bureaucracy.
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Well, I'm sorry, Detective.
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All right, let's go.
No, no, wait a second.
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You heard about the fire last night,
the one where the fireman got killed?
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Yes.
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Well, it happened in Hannah
Wilder's building.
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We think she still may be in danger, or
have some information that can help us.
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A fire, then the police. This
kid's gonna be scared to death.
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Well, it just so happens that my
partner here has two children,
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and he really knows
how to talk to kids.
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So while he's talkin' to Hannah, I'll
just go get myself a cup of Joe.
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What do you say?
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All right.
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Do you have a gun? No, no, no.
I left that in the car.
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Those are cool sneakers.
Thanks.
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You know, my daughter says she wants to get
Skechers for her birthday, what do you think?
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Those are cool, too.
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My mom said I might get a
canopy bed for my birthday, but
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now, 'cause of the fire,
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we don't have
any place to live.
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I'm sorry you had to go
through that, Hannah.
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So,
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you and your mom, you're gonna
stay in the hotel?
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I don't know. We can't
stay with my dad,
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'cause my mom says his
apartment isn't big enough.
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Where does he live?
In the Bronx.
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I never get to go there, 'cause
Mom says it's too far away.
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But he likes it 'cause
it's close to his work.
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Oh yeah, what does he do?
He drives the city bus.
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Is his last name Wilder like
yours?
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Uh-uh. Gruner.
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Al Gruner?
No, John Gruner.
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Okay, so you're gonna
open the door.
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I can't just let you
in his apartment.
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Sure you can,
we're authorized.
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(KEYS CLINKING)
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Hey! Come here.
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Smell this jacket.
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Yeah, what?
You don't smell gasoline?
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No. And I don't
like this.
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And, he has matches
in his pocket.
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Well, the guy's a smoker.
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Pretty Woman?
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00:07:04,491 --> 00:07:06,357
I didn't see a
DVD player in here.
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"Wizard Video,
Astoria, Queens."
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You know what I think?
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I think we should find out who John
Gruner is watchin' chick flicks with.
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(KNOCKING)
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NYPD, Miss Tarantino.
You mind if we come in?
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(NERVOUSLY) Well, the house is
kind of a mess right now.
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(SCOFFS) Don't worry about
that, we're used to that.
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What is this about?
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Well, you see, John Gruner's apartment
got burglarized last night.
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We're tryin' to find him so he
could secure his belongings.
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I don't know a John Gruner.
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See, I told ya, there must be
some screw-up on our end.
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You mind if we come in and
straighten this out?
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Can you come back a little later?
(BOTTLE CLINKING)
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(SHUFFLING)
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ls someone home with you?
My brother.
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00:07:49,569 --> 00:07:50,866
Listen, why don't
we cut to the chase.
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If Gruner's in here, you're
harboring a fugitive.
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Now are you gonna let
us look around or not?
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Police, don't move!
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00:08:12,459 --> 00:08:15,121
Nowhere to go, Gruner.
It's up to you now.
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Get down. Down!
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Cuff him.
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I wanna know what kind of a guy
tries to burn his own daughter out.
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I don't know what
you're talkin' about.
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I mean, I wanna understand
your side of it, I really do,
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but I have to have an answer
to that question!
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What if I don't?
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Detective Falco, can I have a few
minutes with Mr. Gruner, please?
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You sure?
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You see, Detective
Falco's in law school,
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and I don't wanna get him jammed
up by anything that I might say.
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Or do.
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Y cu had your
chance, Brunet.
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(DOOR OPENS AND CLOSES)
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So you and Emily Wilder were
havin' problems, huh?
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00:09:03,877 --> 00:09:04,901
Hannah told us.
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00:09:04,978 --> 00:09:06,104
You talked to her?
Oh, yeah.
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00:09:06,179 --> 00:09:07,806
I don't like you
talkin' to my daughter!
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00:09:07,881 --> 00:09:09,713
And I don't like you tryin'
to burn her alive!
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00:09:09,783 --> 00:09:11,547
And if you mouth off to me
one more time,
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I'm gonna put your head
through this table!
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I love that kid! And Emily
wouldn't let her anywhere near me!
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But I didn't start
that fire!
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(DOOR OPENS AND CLOSES)
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Results of the spectrograph analysis of
the jacket we recovered from your closet.
189
00:09:25,265 --> 00:09:26,562
Positive for gasoline.
190
00:09:26,766 --> 00:09:27,858
I work on a bus.
191
00:09:27,967 --> 00:09:31,096
Yeah, well, last time I
checked, buses ran on diesel.
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00:09:31,171 --> 00:09:33,765
So you know what we're gonna do now?
We're gonna go get Hannah,
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00:09:33,840 --> 00:09:36,639
and we're gonna bring her here, and
you can explain it all to her.
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00:09:36,709 --> 00:09:38,643
Right here in this room,
just the four of us.
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00:09:38,711 --> 00:09:39,701
You can't do that!
196
00:09:39,779 --> 00:09:41,406
Well, how 'bout it,
Mr. Lawyer-man, can I do it?
197
00:09:41,481 --> 00:09:43,813
I read the case
US v. Pennington.
198
00:09:43,883 --> 00:09:46,113
There you go. I'll go get her.
No!
199
00:09:47,320 --> 00:09:48,788
FALCO: It's too bad.
200
00:09:48,855 --> 00:09:52,120
She'll always remember her
Daddy cuffed to a table.
201
00:09:52,192 --> 00:09:55,787
Trying to explain how he torched
her home and nearly killed her.
202
00:09:55,862 --> 00:09:59,662
Hannah wasn't supposed
to be there!
203
00:09:59,732 --> 00:10:02,963
And you hated her
mother that much?
204
00:10:03,036 --> 00:10:05,095
That you tried
to burn her alive?
205
00:10:06,473 --> 00:10:08,032
Is that what
you did?
206
00:10:11,144 --> 00:10:12,669
We're gonna need it
all in writing, all right?
207
00:10:12,745 --> 00:10:16,306
I want every detail
of how you set that fire.
208
00:10:17,484 --> 00:10:19,179
Yeah.
(KNOCKING)
209
00:10:19,252 --> 00:10:22,745
M.E. wants you. I'll
babysit him.
210
00:10:25,091 --> 00:10:26,889
We just now got a
confession on the fire.
211
00:10:26,960 --> 00:10:29,054
Well, I hope
you can still use it.
212
00:10:30,463 --> 00:10:31,555
A slug?
213
00:10:31,631 --> 00:10:32,655
Looks like a .38.
214
00:10:32,732 --> 00:10:36,760
Yeah, it dropped out when I cut
off the fireman's bunker gear.
215
00:10:36,836 --> 00:10:39,066
There's a bullet hole
in his pants
216
00:10:39,139 --> 00:10:41,437
and a graze wound
on his left thigh.
217
00:10:42,375 --> 00:10:43,968
Somebody shot him
at the fire.
218
00:10:44,043 --> 00:10:47,240
So, is it possible
he didn'tjump?
219
00:10:50,483 --> 00:10:53,509
So there's no way anybody could've
been up here with Grafton, right?
220
00:10:53,586 --> 00:10:56,180
Somebody would've seen him.
221
00:10:56,256 --> 00:10:58,020
Anybody in one of these
buildings could've taken
222
00:10:58,091 --> 00:11:01,186
a potshot at him
with a handgun.
223
00:11:02,095 --> 00:11:04,996
Take a look at this air vent.
224
00:11:05,064 --> 00:11:07,226
See, one of the shutters has a
nick in it.
225
00:11:08,568 --> 00:11:12,698
Oh. Whatever made it
came from the inside.
226
00:11:12,772 --> 00:11:16,504
Could you pry this housing off, please?
Yeah, sure.
227
00:11:16,576 --> 00:11:18,601
(CLANKING)
228
00:11:21,414 --> 00:11:22,813
Feel around in there,
would you?
229
00:11:23,183 --> 00:11:24,617
Is somethin' wrong
with your hand?
230
00:11:25,385 --> 00:11:27,752
(LAUGHING)
Luciano Barbera. Please.
231
00:11:28,321 --> 00:11:30,517
You're high maintenance, man.
232
00:11:35,762 --> 00:11:37,696
Hey, hey. hey-
233
00:11:39,365 --> 00:11:41,595
A .38.
234
00:11:44,270 --> 00:11:45,499
Five spent shells.
235
00:11:47,473 --> 00:11:52,240
And I'm bettin' that one of them wound
up in the leg of Sean Grafton's pants.
236
00:11:54,547 --> 00:11:56,709
Ballistics says the fire
made the gun go off.
237
00:11:56,783 --> 00:12:00,549
Two rounds in the cylinder exploded in the
heat that was raging up the air vent,
238
00:12:00,620 --> 00:12:01,678
one of them
through the barrel.
239
00:12:01,754 --> 00:12:05,384
And it matches the slug they found
in Sean Grafton's bunker gear?
240
00:12:05,458 --> 00:12:07,426
Yes, ma'am. And guess what?
241
00:12:07,493 --> 00:12:10,190
There are firing pin strikes on
the other three shell casings,
242
00:12:10,263 --> 00:12:11,560
the ones that didn't
explode.
243
00:12:11,631 --> 00:12:14,999
Meaning that gun was fired long
before someone hid it on the roof.
244
00:12:15,068 --> 00:12:18,561
Ballistics is running the gun now, see
if it matches up with any old shootings.
245
00:12:18,638 --> 00:12:21,664
D.A. says he'll charge Gruner
with arson and felony murder,
246
00:12:21,741 --> 00:12:23,971
which means he'll do
at least 25-to-life.
247
00:12:24,043 --> 00:12:27,707
Well, how about we give this
collar to the Fire Marshals?
248
00:12:27,780 --> 00:12:29,270
No problem with us.
249
00:12:29,349 --> 00:12:31,579
Here's a match on your mystery bullet.
To what?
250
00:12:31,651 --> 00:12:33,380
An open homicide.
251
00:12:34,954 --> 00:12:36,513
Check it out.
252
00:12:39,892 --> 00:12:41,883
Nine years ago.
on this block,
253
00:12:41,961 --> 00:12:44,828
a male black named Justin
Leonard was shot three times.
254
00:12:44,897 --> 00:12:47,195
What was it about?
We never really knew.
255
00:12:47,267 --> 00:12:48,928
Leonard worked part-fume
at Nukes,
256
00:12:49,002 --> 00:12:50,697
someone lit him up when he
was leavin' for the night.
257
00:12:51,304 --> 00:12:52,772
Nothin' like a cold case.
258
00:12:53,239 --> 00:12:55,765
All right. This is where
we found the body.
259
00:12:55,842 --> 00:12:57,241
In this store entrance.
260
00:12:57,310 --> 00:12:59,335
There was a struggle
at first.
261
00:12:59,412 --> 00:13:00,675
This window
was shattered,
262
00:13:00,747 --> 00:13:04,581
CSU found blood in the broken glass
which wasn't from the victim.
263
00:13:04,651 --> 00:13:06,551
Which means
DNA's in play.
264
00:13:06,619 --> 00:13:07,780
Anybody in the store
see anything?
265
00:13:08,021 --> 00:13:09,011
It was closed.
266
00:13:09,355 --> 00:13:11,915
But the manager from Kinkos
said that Leonard was arguing
267
00:13:12,025 --> 00:13:13,618
with three black men
when he was lockin' up.
268
00:13:14,027 --> 00:13:15,051
Arguing about what?
269
00:13:15,128 --> 00:13:16,357
She wasn't sure.
270
00:13:16,429 --> 00:13:20,059
She picked a local trouble maker out
of one of the books, a Leshawn Muncie.
271
00:13:20,166 --> 00:13:22,533
My guys picked him up, but we
couldn't get anything to stick.
272
00:13:24,437 --> 00:13:28,374
I got enough problems without y'all tryin'
to put a body on me from nine years ago.
273
00:13:28,441 --> 00:13:31,411
Maybe we can package this up
with the case you're in on now.
274
00:13:31,477 --> 00:13:32,638
Two for the
price of one.
275
00:13:32,712 --> 00:13:33,770
But I didn't do no murder.
276
00:13:33,846 --> 00:13:37,180
Ah, come on, man, we have the murder
weapon with your prints on it.
277
00:13:37,250 --> 00:13:38,718
Don't even try to
play me like that.
278
00:13:38,818 --> 00:13:43,255
Okay, if you're not involved and you help us
out, we'll put in a good word with the D.A.
279
00:13:45,591 --> 00:13:47,525
If I remember correctly,
280
00:13:47,593 --> 00:13:49,561
I went to Kinkos that night.
281
00:13:49,629 --> 00:13:50,994
What were you doing,
copying your thesis?
282
00:13:51,331 --> 00:13:54,528
Nah. I was helpin' a couple
of dudes make some IDs.
283
00:13:54,801 --> 00:13:56,929
It's all very fascinating,
tell us more.
284
00:13:57,003 --> 00:13:59,472
The brother locked the door
as we was rollin' in.
285
00:13:59,539 --> 00:14:01,371
We had a few words,
but that's it.
286
00:14:02,141 --> 00:14:03,939
This is Justin Leonard.
287
00:14:07,146 --> 00:14:08,841
Yeah, that's him.
That's good.
288
00:14:08,915 --> 00:14:10,110
So if you had nothin'
to do with this,
289
00:14:10,183 --> 00:14:13,209
you'll give us the names and addresses of
the friends that you were with that night.
290
00:14:13,286 --> 00:14:14,378
I don't think so.
291
00:14:14,454 --> 00:14:16,752
FALCO: Or a DNA swab.
Hell no.
292
00:14:16,823 --> 00:14:19,758
You never know what loose ends
I might have out in the world.
293
00:14:19,826 --> 00:14:22,557
You asked the white dude who was
out there that night for his DNA?
294
00:14:22,628 --> 00:14:23,652
What white dude?
295
00:14:23,730 --> 00:14:26,665
Guy waitin' outside of Kinkos
for his friend to get off work.
296
00:14:28,601 --> 00:14:30,000
Give us a description.
297
00:14:30,737 --> 00:14:32,865
White, 'bout 30.
298
00:14:32,939 --> 00:14:35,931
FONTANA: Oh, man. Man,
it's nine years ago, man!
299
00:14:36,109 --> 00:14:37,338
If you're jerkin'
us around, Leshawn,
300
00:14:37,410 --> 00:14:39,310
you haven't seen the
last of us. Open up.
301
00:14:39,379 --> 00:14:42,405
Then I got nothin'
to worry about!
302
00:14:44,984 --> 00:14:46,577
Justin was my only child.
303
00:14:46,652 --> 00:14:50,520
It was just me and him after my wife
died, when Justin was in grade school.
304
00:14:50,590 --> 00:14:53,116
We're terribly sorry
for your loss, sir.
305
00:14:53,192 --> 00:14:55,627
I'm sure Detective O'Brien
asked you this nine years ago,
306
00:14:55,695 --> 00:14:58,528
but was Justin havin' problems
with anyone at the time?
307
00:14:58,598 --> 00:15:00,498
Oh, no, no. He was a good boy.
308
00:15:00,566 --> 00:15:04,867
He had this way of talkin' to people, make
'em laugh, put them at ease, you know?
309
00:15:04,937 --> 00:15:06,336
We were told he
was in school.
310
00:15:06,406 --> 00:15:09,000
Yeah, he was goin' to Pratt Institute,
goin' for a master's degree,
311
00:15:09,075 --> 00:15:11,840
graphic arts,
doin' real good, too.
312
00:15:11,911 --> 00:15:16,644
Look, the only explanation I
have is no explanation at all.
313
00:15:16,716 --> 00:15:19,617
Wrong place, wrong time.
314
00:15:19,685 --> 00:15:22,746
To lose him like that
almost killed me, too.
315
00:15:24,857 --> 00:15:27,952
Did he ever mention any kind
of romantic problems?
316
00:15:28,027 --> 00:15:29,552
He had a nice girlfriend, uh,
317
00:15:29,629 --> 00:15:32,257
a girl he met who worked
at the college, uh...
318
00:15:32,331 --> 00:15:35,392
Nancy was her name.
She was at the funeral.
319
00:15:35,468 --> 00:15:38,597
They were just starting
to get serious, too.
320
00:15:38,671 --> 00:15:42,335
I met Justin when he came into the Placement
Office looking for a part-time job.
321
00:15:42,408 --> 00:15:44,843
The two of you hit it off?
We did.
322
00:15:44,911 --> 00:15:48,142
How long were you seeing each
other when... Six months.
323
00:15:49,382 --> 00:15:51,578
Are we bothering you,
Miss Harvard?
324
00:15:51,651 --> 00:15:53,050
Mrs.
325
00:15:53,853 --> 00:15:57,187
It's just that,
I don't know...
326
00:15:57,256 --> 00:15:59,384
That was a lifetime ago.
327
00:15:59,459 --> 00:16:01,518
I'm married now.
328
00:16:01,594 --> 00:16:04,723
Brings back a lot
of hard memories.
329
00:16:04,797 --> 00:16:09,598
Well, I'm sure you'd like to see whoever
killed Justin be brought tojustice.
330
00:16:11,504 --> 00:16:13,563
Yes, I would.
331
00:16:13,639 --> 00:16:15,733
I'm sorry.
332
00:16:17,543 --> 00:16:20,240
Was there anyone else
in your life back then?
333
00:16:20,313 --> 00:16:23,374
Who would kill Justin?
Well?
334
00:16:23,449 --> 00:16:24,644
(SCOFFS)
335
00:16:24,717 --> 00:16:27,846
No. No, not at all.
336
00:16:27,920 --> 00:16:29,319
When was this
picture taken?
337
00:16:29,388 --> 00:16:33,552
About nine years ago.
Not long after Justin died.
338
00:16:33,626 --> 00:16:35,822
It's in New Hampshire.
My parents' 30th anniversary.
339
00:16:35,895 --> 00:16:36,919
April 13.
340
00:16:36,996 --> 00:16:39,829
And the man in the picture with you,
the one with the bandage on his hand?
341
00:16:39,899 --> 00:16:41,128
That's my brother, Bruce.
342
00:16:42,935 --> 00:16:44,869
Did he live in New
Hampshire back then?
343
00:16:44,937 --> 00:16:47,599
No, on the West
Side, actually.
344
00:16:47,673 --> 00:16:49,368
On 49th Street?
345
00:16:50,543 --> 00:16:52,875
How did you know that?
346
00:16:56,115 --> 00:16:58,812
I met Justin once or twice.
347
00:16:58,885 --> 00:17:01,616
What a tragedy for his family.
348
00:17:01,687 --> 00:17:04,418
And it was hard on my sister.
349
00:17:04,490 --> 00:17:06,618
How did you and
Justin get along?
350
00:17:06,726 --> 00:17:08,592
Like I said, I never
knew him very well.
351
00:17:08,995 --> 00:17:11,464
You had a hand injury
back then, Mr. Elwin.
352
00:17:11,531 --> 00:17:12,521
Did I?
353
00:17:12,598 --> 00:17:15,397
We saw it in the anniversary
picture, in your sister's office.
354
00:17:15,801 --> 00:17:19,135
You're right. I had a bandage
on at my parents' party.
355
00:17:19,639 --> 00:17:21,607
You know,
I still have a scar from that.
356
00:17:21,674 --> 00:17:23,233
How'd you hurt yourself?
357
00:17:23,509 --> 00:17:25,307
Fell.
358
00:17:25,378 --> 00:17:26,937
Cut my hand on
some broken glass.
359
00:17:27,013 --> 00:17:29,778
Did you go to a hospital and
get it looked at? No, I...
360
00:17:29,849 --> 00:17:31,408
I believe I took
care of it myself.
361
00:17:33,519 --> 00:17:35,385
Is there anything else I can
help you with, Detectives?
362
00:17:37,757 --> 00:17:39,919
Not right now, Mr. Elwin.
363
00:17:39,992 --> 00:17:42,086
Thanks.
364
00:17:42,161 --> 00:17:44,653
You like the brother?
Too many coincidences.
365
00:17:44,730 --> 00:17:47,597
The hand injury, the murder weapon
in the building next to him.
366
00:17:47,733 --> 00:17:49,633
He could access the roof there?
Easily.
367
00:17:49,702 --> 00:17:50,828
Perfect stash spot.
368
00:17:50,903 --> 00:17:53,167
We went back and showed
Elwin's photo to the mutt
369
00:17:53,239 --> 00:17:56,436
who had an argument with the victim that
night, and he was pretty sure it was Elwin who
370
00:17:56,509 --> 00:17:58,068
was standin' outside the copy
place.
371
00:17:58,144 --> 00:17:59,873
But it's been too long for him
to be certain.
372
00:17:59,979 --> 00:18:02,107
What about a motive? The
victim was dating his sister.
373
00:18:02,214 --> 00:18:04,740
And he didn't approve because?
Black guy, white girl.
374
00:18:04,817 --> 00:18:06,911
Well, bring the sister in,
rattle her cage,
375
00:18:06,986 --> 00:18:09,478
see if you can get her
to consent to a DNA swab.
376
00:18:09,555 --> 00:18:11,182
It could eliminate
her brother.
377
00:18:11,257 --> 00:18:13,487
Or put a nail in his coffin.
378
00:18:14,093 --> 00:18:16,619
Bruce was never crazy about
any of my boyfriends.
379
00:18:16,696 --> 00:18:18,164
You know how big brothers are.
380
00:18:18,230 --> 00:18:20,062
We'll take that to mean that
he didn't like him.
381
00:18:20,132 --> 00:18:24,069
If you knew my brother, you would
know he could never hurt anybody.
382
00:18:24,136 --> 00:18:26,264
If you're so sure he had
nothin' to do with this,
383
00:18:26,339 --> 00:18:29,070
you'll have no problem
giving us a DNA sample.
384
00:18:29,575 --> 00:18:31,236
I don't know.
What's the problem, Nancy?
385
00:18:31,310 --> 00:18:34,302
No! Are you beginning
to doubt your brother?
386
00:18:34,380 --> 00:18:38,010
It's just... Well, I think that we
should talk to a lawyer about this!
387
00:18:38,651 --> 00:18:41,882
So can I go now?
Yeah, sure.
388
00:18:41,954 --> 00:18:44,355
If you don't wanna cooperate, it's
gonna go on our report, you know?
389
00:18:44,423 --> 00:18:45,481
I don't care.
390
00:18:45,558 --> 00:18:48,653
My brother
didn't kill anybody!
391
00:18:51,430 --> 00:18:52,989
Detectives!
392
00:18:53,065 --> 00:18:55,159
This guy says
his sister's up here.
393
00:18:55,234 --> 00:18:57,601
Bruce, what are
you doing here?
394
00:18:59,205 --> 00:19:01,936
I killed Justin, Nancy.
395
00:19:04,644 --> 00:19:06,373
I killed Justin Leonard.
396
00:19:16,288 --> 00:19:20,987
Before agreeing to speak to us on video,
Mr. Elwin, did you read, understand,
397
00:19:21,060 --> 00:19:24,928
and sign a copy of your
Miranda warnings? Yes.
398
00:19:24,997 --> 00:19:28,763
You wanna waive your rights and
proceed with this statement?
399
00:19:28,834 --> 00:19:30,461
Yes.
400
00:19:31,003 --> 00:19:34,997
FONTANA: Nine years ago, did you
know a man named Justin Leonard?
401
00:19:35,074 --> 00:19:36,735
He was my sister's boyfriend.
402
00:19:36,809 --> 00:19:40,677
Did you see him on the
night of April 17, 1996?
403
00:19:40,946 --> 00:19:43,847
Yes, on Broadway and
108th Street.
404
00:19:44,450 --> 00:19:45,611
FONTANA: Tell us
what happened.
405
00:19:45,685 --> 00:19:48,347
I waited for Justin
to leave work.
406
00:19:48,421 --> 00:19:51,118
When he came out, I followed
him for halfa block.
407
00:19:51,190 --> 00:19:53,215
FALCO: Why?
408
00:19:53,292 --> 00:19:54,657
I had a gun
in my pocket.
409
00:19:55,594 --> 00:19:57,062
To scare him.
410
00:19:57,463 --> 00:20:00,057
But he grabbed
my arm and
411
00:20:00,132 --> 00:20:03,693
tried to wrestle
the gun away from me.
412
00:20:03,769 --> 00:20:07,501
We broke a store window
when we were struggling,
413
00:20:07,573 --> 00:20:09,769
and I cut my hand.
414
00:20:09,842 --> 00:20:12,834
Somehow I had managed
to pull free.
415
00:20:15,014 --> 00:20:17,949
I stepped away,
416
00:20:19,118 --> 00:20:21,519
and I shot him.
417
00:20:21,987 --> 00:20:23,853
I shot him three times.
418
00:20:24,724 --> 00:20:25,987
What did you do then?
419
00:20:29,462 --> 00:20:32,955
I left him there on the
sidewalk, and I went home.
420
00:20:34,467 --> 00:20:37,459
I hid the gun in a vent on the
roof of the building next to mine.
421
00:20:38,637 --> 00:20:41,937
Were you intoxicated or using
drugs the night you shot Leonard?
422
00:20:43,676 --> 00:20:45,940
No. I was stone sober.
423
00:20:46,011 --> 00:20:49,504
So, if you just
wanted to scare him,
424
00:20:49,582 --> 00:20:51,380
why did you end up
shooting him?
425
00:20:54,854 --> 00:20:56,686
'Cause he said
426
00:20:56,756 --> 00:20:59,748
he and Nancy were in love.
427
00:21:03,629 --> 00:21:07,623
And I didn't want my sister
to marry a black man.
428
00:21:16,809 --> 00:21:19,835
"Docket number 05943.
429
00:21:19,912 --> 00:21:22,973
"People v. Bruce Elwin,
murder in the second degree."
430
00:21:23,048 --> 00:21:24,607
How do you plead, Mr. Elwin?
431
00:21:24,683 --> 00:21:27,050
I'd rather not choose,
Your Honor.
432
00:21:27,119 --> 00:21:29,110
Talk to your client,
Mr. Clemens.
433
00:21:29,188 --> 00:21:31,350
(WHISPERING) What's the matter?
I don't want to choose.
434
00:21:32,024 --> 00:21:33,458
(WHISPERING CONTINUES)
435
00:21:36,095 --> 00:21:38,564
He refuses to enter a plea.
He's adamant.
436
00:21:38,631 --> 00:21:40,565
Then I'll do it for him.
Not guilty.
437
00:21:40,633 --> 00:21:41,691
People on bail?
438
00:21:41,767 --> 00:21:46,762
Your Honor, the defendant freely confessed
to a murder motivated by racial animus.
439
00:21:46,839 --> 00:21:48,102
We plan a hate
crime enhancement.
440
00:21:48,174 --> 00:21:49,664
We're asking that
Mr. Elwin be remanded.
441
00:21:50,509 --> 00:21:52,910
So I suppose you're going to tell
me that he deserves some bail
442
00:21:52,978 --> 00:21:54,468
because he turned himself in?
443
00:21:54,547 --> 00:21:57,016
Actually, no. Mr. Elwin
consents to remand.
444
00:21:57,883 --> 00:21:59,112
I wish they
were all that easy.
445
00:21:59,185 --> 00:22:01,153
The defendant is remanded.
446
00:22:01,220 --> 00:22:02,847
Send it to a Trial Part.
447
00:22:02,922 --> 00:22:04,651
(GAVEL FALLS)
448
00:22:06,926 --> 00:22:09,054
I'm as competitive
as the next guy.
449
00:22:09,128 --> 00:22:11,153
Do you think it was fun sitting
on my hands at arraignment?
450
00:22:12,031 --> 00:22:15,399
So what's it about, Kevin? Look,
there's no hidden agenda here.
451
00:22:15,467 --> 00:22:16,832
Elwin's genuinely remorseful.
452
00:22:16,902 --> 00:22:20,065
The first thing he said to me is he wants
to throw himself on the mercy of the court
453
00:22:20,139 --> 00:22:21,265
and do his time.
454
00:22:21,473 --> 00:22:24,738
All 30 years of it?
He knows the deal.
455
00:22:26,846 --> 00:22:30,305
And you're just gonna stand back and
assist him in committing legal suicide.
456
00:22:30,382 --> 00:22:32,510
He's the client.
457
00:22:32,585 --> 00:22:35,282
I advise him of his options,
and he makes the calls.
458
00:22:38,557 --> 00:22:40,787
If it walks like a duck,
talks like a duck...
459
00:22:40,860 --> 00:22:44,490
When was the last time you had a case where
the defendant surrendered, confessed,
460
00:22:44,597 --> 00:22:48,192
and, I quote, "threw himself on
the mercy of the court"? Neven
461
00:22:48,267 --> 00:22:49,826
There's your duck.
462
00:22:49,902 --> 00:22:54,703
So calendar an allocution on a guilty plea.
We'll see if Elwin balks.
463
00:22:57,877 --> 00:23:01,745
Your client intends to enter a plea of
guilty to second degree murder, Mr. Clemens?
464
00:23:01,814 --> 00:23:02,975
That's correct, Judge.
465
00:23:03,048 --> 00:23:06,916
Does he wish to challenge the hate
enhancement filed by the District Attorney?
466
00:23:07,019 --> 00:23:08,009
No.
467
00:23:08,087 --> 00:23:12,718
Mr. Elwin, do you understand that I can
sentence you to 30- years-to-life on this plea?
468
00:23:12,825 --> 00:23:14,088
Yes, sir, I do.
469
00:23:15,961 --> 00:23:17,486
Very well.
470
00:23:17,863 --> 00:23:20,093
Will you take his
allocution, Mr. McCoy?
471
00:23:20,165 --> 00:23:22,998
On the night of April 7, 1996,
472
00:23:23,068 --> 00:23:26,197
did you shoot Justin Leonard
with the intent to kill him?
473
00:23:26,272 --> 00:23:27,262
Yes.
474
00:23:27,339 --> 00:23:29,865
Can you tell us in your own
words how this happened?
475
00:23:31,810 --> 00:23:35,576
I went to the store
where Justin worked.
476
00:23:35,648 --> 00:23:38,777
Then I waited outside for him.
477
00:23:38,851 --> 00:23:42,947
May I be heard, Judge? I've been
retained to represent Bruce Elwin.
478
00:23:43,022 --> 00:23:46,151
You're a little late, Miss Weiss.
He's just about to allocute.
479
00:23:46,225 --> 00:23:49,024
Not anymore.
His guilty plea is withdrawn.
480
00:23:51,897 --> 00:23:56,801
Sorry for the histrionics, but I was retained
an hour before this case was calendared.
481
00:23:56,869 --> 00:23:59,634
If you were proceeding with the
guilty plea, you wouldn't be here.
482
00:23:59,705 --> 00:24:02,140
You always could read the
handwriting on the wall, Jack.
483
00:24:02,207 --> 00:24:03,572
Maybe you should do the same.
484
00:24:03,642 --> 00:24:06,577
We have a rock-solid confession, and
a murder weapon stashed 50 feet
485
00:24:06,645 --> 00:24:07,840
from your client's front door.
486
00:24:07,913 --> 00:24:12,282
I know you have a strong case on the evidence,
but I have a strong case on the equities.
487
00:24:12,351 --> 00:24:13,580
This is a hate crime.
488
00:24:13,652 --> 00:24:17,350
For the past nine years, my
client has led an exemplary life.
489
00:24:17,423 --> 00:24:19,414
Meaning he hasn't murdered
any other black men?
490
00:24:19,491 --> 00:24:21,892
Meaning he shouldn't
be prosecuted at all.
491
00:24:21,961 --> 00:24:24,191
He is a different person than
the one who committed,
492
00:24:24,263 --> 00:24:26,960
what even he agrees,
is a despicable crime.
493
00:24:27,032 --> 00:24:28,056
What's the punchline?
494
00:24:28,133 --> 00:24:29,396
I'm filing a Clayton motion
495
00:24:29,468 --> 00:24:33,234
asking that his case be dismissed
in the interest of justice.
496
00:24:33,305 --> 00:24:38,903
Ever since he committed this crime, Mr.
Elwin's been a born-again Christian.
497
00:24:46,785 --> 00:24:48,412
I don't see a way
out of this, Jack.
498
00:24:48,487 --> 00:24:51,149
If Judge Taylor grants the Clayton
motion, it's a dismissal on the merits.
499
00:24:51,223 --> 00:24:52,281
The defendant walks.
500
00:24:52,358 --> 00:24:53,792
A successful Clayton motion is
501
00:24:53,859 --> 00:24:57,124
rare enough. I don't think this one
has a snowball's chance in hell.
502
00:24:57,196 --> 00:25:01,360
There are more people who believe in
angels in this country than in evolution.
503
00:25:01,433 --> 00:25:03,401
I doubt if Judge Taylor
is one of them.
504
00:25:03,469 --> 00:25:04,459
Then we lucked out.
505
00:25:04,536 --> 00:25:06,698
There's ajudge or three who
could be sympathetic to this.
506
00:25:06,772 --> 00:25:07,762
For instance?
507
00:25:07,840 --> 00:25:11,435
Justice Scalia said our laws
derive their authority from God.
508
00:25:11,510 --> 00:25:16,072
William O. Douglas wrote that we're a religious
people whose institutions presuppose
509
00:25:16,148 --> 00:25:17,138
a supreme being.
510
00:25:17,216 --> 00:25:19,514
How does that translate into a
free pass for murder?
511
00:25:20,185 --> 00:25:23,246
The defense is arguing that since
Elwin has redeemed himself
512
00:25:23,322 --> 00:25:26,155
in the eyes of the Lord,
the law should recognize that.
513
00:25:26,225 --> 00:25:29,661
It will, after he admits his
responsibility!
514
00:25:29,728 --> 00:25:31,389
He tried that,
Weiss pulled the plug.
515
00:25:31,463 --> 00:25:34,455
The stratagem is just an
excuse for Wendy Weiss
516
00:25:34,533 --> 00:25:37,594
to put on a little guerilla
theater in the courtroom.
517
00:25:37,669 --> 00:25:39,899
No better time than now, Jack.
518
00:25:39,972 --> 00:25:42,634
She's dreaming if she thinks
she can cash in on that.
519
00:25:42,708 --> 00:25:44,733
Would you have ever dreamed
that Congress and the President
520
00:25:44,810 --> 00:25:47,279
would intervene in
the Terry Schiavo situation?
521
00:25:47,346 --> 00:25:50,338
Or that the Colorado Supreme Court
would split three to two on whether
522
00:25:50,416 --> 00:25:53,317
the jury could consult the
Bible on the death sentence?
523
00:25:53,385 --> 00:25:56,616
Trust me. Wendy Weiss
is not a true believer.
524
00:25:56,688 --> 00:25:58,213
What does she have to lose?
525
00:25:58,290 --> 00:26:01,021
If her Clayton motion
is denied, she's no worse off.
526
00:26:01,093 --> 00:26:04,119
If Judge Taylor doesn't bite, this
could work as jury nullification.
527
00:26:04,530 --> 00:26:07,056
In New York City?
I'll take my chances.
528
00:26:07,666 --> 00:26:10,328
Maybe it's a good thing
I'm not on your jury.
529
00:26:11,203 --> 00:26:13,467
Really?
I go to church, Jack.
530
00:26:13,539 --> 00:26:15,701
I believe in spiritual
redemption.
531
00:26:15,774 --> 00:26:19,142
The born-again Christians that I know
have had a genuine moral awakening.
532
00:26:19,211 --> 00:26:23,273
And people facing life in prison,
often "awake" to find religion.
533
00:26:25,884 --> 00:26:28,785
So why don't I find out just how
genuine Elwin's transformation was?
534
00:26:32,424 --> 00:26:34,290
Bruce moved in here
over 10 years ago.
535
00:26:34,827 --> 00:26:39,321
He had a stereo system on this wall,
a big TV, tons of video games.
536
00:26:39,398 --> 00:26:41,696
He had a real nice leather
sofa set over here.
537
00:26:42,101 --> 00:26:43,626
What happened to it all?
538
00:26:43,702 --> 00:26:46,296
One day the Salvation Army
truck pulled up, took it all.
539
00:26:46,371 --> 00:26:49,033
He gave away his BMW, too.
When was this?
540
00:26:49,108 --> 00:26:51,770
About nine years ago, that's
when he drank the Kool-Aid.
541
00:26:51,844 --> 00:26:53,209
He found religion?
Yeah.
542
00:26:53,278 --> 00:26:55,645
One day I call him up, and he says
he's not hangin' out anymore.
543
00:26:55,714 --> 00:26:57,739
Says he's changin'
his life. Next thing I know,
544
00:26:57,816 --> 00:27:00,012
it's Jesus this and the Lord
that.
545
00:27:00,085 --> 00:27:02,816
Oh man, I went to
Catholic school, all right?
546
00:27:02,888 --> 00:27:04,322
So we didn't hang out anymore.
547
00:27:04,389 --> 00:27:07,984
And he quit his job, too, started to
work for one of them do-gooder outfits.
548
00:27:11,096 --> 00:27:13,963
Bruce was a Senior
Systems Analyst at a bank.
549
00:27:14,032 --> 00:27:16,467
He said he wanted to give
notice and work here.
550
00:27:16,535 --> 00:27:19,027
Did he say why?
He didn't need to.
551
00:27:19,104 --> 00:27:20,572
It was obvious he wanted
to change his life
552
00:27:20,639 --> 00:27:22,471
and give something
back to the community.
553
00:27:22,541 --> 00:27:24,066
How could you tell?
554
00:27:24,143 --> 00:27:25,872
There are many people
like Bruce,
555
00:27:25,944 --> 00:27:29,812
people who wake up one morning and are
unhappy with what they see in the mirror.
556
00:27:29,882 --> 00:27:32,544
He was making $200,000.
557
00:27:32,618 --> 00:27:36,020
I told him the Westside Family Center
could only pay him eight or nine.
558
00:27:36,088 --> 00:27:38,386
And he said he'd take it
on one condition.
559
00:27:38,490 --> 00:27:44,122
That I'd tithe ten percent of his salary and
earmark it for one of our children's funds.
560
00:27:44,196 --> 00:27:47,655
I talked to friends,
co-workers, family.
561
00:27:47,733 --> 00:27:49,428
Bruce Elwin is the real deal.
562
00:27:49,501 --> 00:27:51,560
Within weeks after he murdered
Justin Leonard,
563
00:27:51,637 --> 00:27:55,301
he renounced his lifestyle and
most of its worldly accoutrements.
564
00:27:55,374 --> 00:27:58,344
Means you're gonna have to
oppose his motion on the merits.
565
00:27:58,410 --> 00:28:00,970
That's fine,
because it has no merit.
566
00:28:01,046 --> 00:28:03,606
You may think that, but the
facts indicate that Elwin spent
567
00:28:03,682 --> 00:28:06,117
the last nine years
atoning for what he did.
568
00:28:06,185 --> 00:28:08,847
I don't care if he comes to court
with a hair shirt and a scourge.
569
00:28:08,921 --> 00:28:11,322
Murder is murder!
570
00:28:11,390 --> 00:28:14,985
And the defense will argue that if rehabilitation
is the reason that we put murderers
571
00:28:15,060 --> 00:28:19,088
in jail, Elwin's well on his way
to accomplishing that on his own.
572
00:28:19,164 --> 00:28:21,997
There are other reasons for
incarceration,
573
00:28:22,067 --> 00:28:24,934
deterrence, denunciation,
574
00:28:25,003 --> 00:28:28,837
and there's a catharsis for everyone
in seeing the guilty punished.
575
00:28:28,941 --> 00:28:31,171
But we stopped holding
executions in the town square.
576
00:28:31,243 --> 00:28:33,075
And they're not called
penitentiaries anymore,
577
00:28:33,145 --> 00:28:34,579
they're correctional
facilities.
578
00:28:34,646 --> 00:28:37,513
Anyone who's ever been in one
knows that that's a bad joke.
579
00:28:37,583 --> 00:28:39,847
You can't dispute the fact
that Elwin is doing more for
580
00:28:39,918 --> 00:28:42,979
society now, than if
he spent his life in jail.
581
00:28:43,055 --> 00:28:45,752
So we'll forgive you if you
kill someone, so long as you
582
00:28:45,824 --> 00:28:47,849
demonstrate you're
really sorry.
583
00:28:47,960 --> 00:28:50,088
Forgiveness is a Christian
ideal.
584
00:28:50,162 --> 00:28:54,463
And if you don't believe in Christ, well,
then you just have to do your time?
585
00:28:54,533 --> 00:28:58,128
The logical outgrowth
of this insanity.
586
00:28:58,203 --> 00:29:01,366
The defense is asking Judge
Taylor to recuse himself.
587
00:29:01,440 --> 00:29:04,933
Why? He has an
anti-Christian bias.
588
00:29:06,144 --> 00:29:08,738
You sent my blood pressure off the
charts with this one, Ms. Weiss.
589
00:29:08,814 --> 00:29:13,149
Nothing personal, Judge, but when you consider
the subject matter of our Clayton motion.
590
00:29:13,218 --> 00:29:16,119
Of course it's personal. It's
blatant judge shopping, YourHonoL
591
00:29:16,188 --> 00:29:18,179
And you better convince me
otherwise, Counselor.
592
00:29:18,257 --> 00:29:20,225
When you sat in Civil Term,
593
00:29:20,292 --> 00:29:24,752
you demonstrated an anti-Christian
bias in several of your decisions.
594
00:29:24,830 --> 00:29:27,629
In Cohen v. Tenants Association,
you ordered a creche
595
00:29:27,699 --> 00:29:29,360
removed from Gramercy Park,
596
00:29:29,434 --> 00:29:33,428
in Waverly v. Board of Ed, you prohibited
funding for an after-school Bible club.
597
00:29:33,505 --> 00:29:35,803
Those decisions were mandated
by the First Amendment.
598
00:29:35,874 --> 00:29:38,866
You joined in a memo forbidding
the singing of carols at the
599
00:29:38,944 --> 00:29:40,173
courthouse Christmas party.
600
00:29:40,245 --> 00:29:42,942
You were supported for your
re-election by the Libertarian Party
601
00:29:43,015 --> 00:29:44,039
and the ACLU.
602
00:29:44,182 --> 00:29:48,915
Do you have a list of the books Judge
Taylor borrowed from the library?
603
00:29:48,987 --> 00:29:50,853
You know what, Ms. Weiss?
604
00:29:50,922 --> 00:29:53,619
As deeply offended
by this as I am,
605
00:29:53,692 --> 00:29:55,558
I'm going to recuse myself.
606
00:29:55,627 --> 00:29:58,096
I can't believe you're
acquiescing to this, Judge!
607
00:29:58,163 --> 00:30:00,222
I don't need you riding me,
Mr. McCoy!
608
00:30:00,299 --> 00:30:02,199
If you entertain
this application,
609
00:30:02,267 --> 00:30:05,498
you will only encourage more
disqualification motions!
610
00:30:05,570 --> 00:30:08,039
Black defendants demanding
blackjudges,
611
00:30:08,106 --> 00:30:11,235
gay defendants, seeking...
I get the point.
612
00:30:11,310 --> 00:30:15,907
But I need the resolution of
this matter to be bulletproof.
613
00:30:18,350 --> 00:30:20,751
To avoid the appearance of any
impropriety
614
00:30:20,819 --> 00:30:22,583
or retaliation
against the defendant,
615
00:30:22,654 --> 00:30:26,147
I refer this matter for a
hearing in the Motion Part.
616
00:30:26,224 --> 00:30:28,283
That would be...
617
00:30:28,360 --> 00:30:29,623
Judge Proctor,
618
00:30:29,695 --> 00:30:32,756
who I'm sure is
on all the right lists!
619
00:30:37,836 --> 00:30:40,737
When did Bruce Elwin join
your congregation, Pastor?
620
00:30:40,806 --> 00:30:41,830
Nine years ago.
621
00:30:41,907 --> 00:30:44,672
And is he an active member of
the Second Church of the Lamb?
622
00:30:44,743 --> 00:30:47,337
Oh, yes. Bruce is a regular
worshipper.
623
00:30:47,412 --> 00:30:49,141
And a frequent volunteer.
624
00:30:49,214 --> 00:30:50,579
He's on our
Steering Committee,
625
00:30:50,649 --> 00:30:54,142
and he works two nights a week in our Church
Pantry serving meals to the indigent.
626
00:30:59,925 --> 00:31:03,691
Did Mr. Elwin ever consult you
on personal matters, Pastor?
627
00:31:03,762 --> 00:31:06,129
From time to time.
628
00:31:06,198 --> 00:31:10,533
Did he ever tell you what prompted him
to become a born-again Christian?
629
00:31:10,602 --> 00:31:13,230
Only in a roundabout way,
Mr. McCoy.
630
00:31:13,305 --> 00:31:14,864
He talked about his faith,
631
00:31:14,940 --> 00:31:18,467
and how grateful he was to find
salvation in the Lord Jesus Christ.
632
00:31:18,543 --> 00:31:23,674
He never admitted to you that
he murdered Justin Leonard?
633
00:31:24,649 --> 00:31:25,639
No.
634
00:31:26,585 --> 00:31:30,852
So you didn't know that he killed him
because he was an African-American?
635
00:31:32,157 --> 00:31:37,789
Even so, if Bruce now accepts the Lord
Jesus Christ as his personal Savior,
636
00:31:38,530 --> 00:31:40,191
I'd still
embrace him.
637
00:31:50,509 --> 00:31:52,637
Did you kill Justin Leonard?
638
00:31:52,711 --> 00:31:54,372
Yes, I did.
639
00:31:54,446 --> 00:31:59,043
Can you tell us what happened
after you shot him, Bruce?
640
00:31:59,117 --> 00:32:00,846
I went back to my apartment.
641
00:32:00,919 --> 00:32:06,221
I had a bottle of bourbon, and I
started drinking until I passed out.
642
00:32:06,291 --> 00:32:09,556
I woke up the next
day in a pool of my own vomit.
643
00:32:09,661 --> 00:32:12,392
And then I remembered
what I'd done.
644
00:32:12,464 --> 00:32:13,454
Luh...
645
00:32:13,532 --> 00:32:17,662
I went outside, and I walked to one
of the piers on the Hudson River.
646
00:32:18,737 --> 00:32:20,671
Why, Bruce?
647
00:32:20,739 --> 00:32:24,676
To decide whether to throw
myself into the river,
648
00:32:24,743 --> 00:32:26,973
or turn myself in.
649
00:32:27,045 --> 00:32:28,535
I sat there and
650
00:32:28,613 --> 00:32:30,945
stared at the water,
651
00:32:31,016 --> 00:32:32,643
and I decided.
652
00:32:32,717 --> 00:32:35,914
The river was my only way out.
653
00:32:35,987 --> 00:32:39,651
That's when I heard church
bells off in the distance.
654
00:32:39,724 --> 00:32:41,214
I stopped.
655
00:32:41,293 --> 00:32:43,125
And I listened.
656
00:32:44,663 --> 00:32:48,156
It was Jesus calling me back
from the edge of that pier.
657
00:32:48,233 --> 00:32:50,793
And at that moment, I
658
00:32:51,470 --> 00:32:54,599
turned toward Him
and never looked back.
659
00:32:54,673 --> 00:32:56,334
May I ask a question?
660
00:32:56,408 --> 00:32:58,536
As you sit here today,
Mr. Elwin,
661
00:32:58,610 --> 00:33:02,205
how do you feel about what
you did to Justin Leonard?
662
00:33:02,747 --> 00:33:05,114
What I did and what I felt
663
00:33:05,183 --> 00:33:06,947
was evil.
664
00:33:07,352 --> 00:33:11,755
The hate that
was inside me,
665
00:33:11,823 --> 00:33:14,986
that was because I kept
Jesus out of my soul.
666
00:33:21,366 --> 00:33:24,961
After you had this epiphany,
Mr. Elwin,
667
00:33:25,036 --> 00:33:28,199
why didn't you
turn yourself in?
668
00:33:28,273 --> 00:33:31,573
I thought the police would
come for me.
669
00:33:31,643 --> 00:33:33,975
I... I called in sick,
670
00:33:34,045 --> 00:33:36,776
and I just sat in my
apartment, day after day.
671
00:33:36,848 --> 00:33:38,543
I prayed.
672
00:33:38,617 --> 00:33:42,349
And I waited for that knock on
the door, but it never came.
673
00:33:42,420 --> 00:33:43,945
Then I realized,
674
00:33:44,022 --> 00:33:47,014
the Lord had
other plans for me.
675
00:33:48,727 --> 00:33:50,718
That's when I quit my job,
676
00:33:50,795 --> 00:33:52,854
and dedicated my life to
serving Christ.
677
00:33:52,931 --> 00:33:55,764
A righteous man would have
admitted his crime.
678
00:33:55,834 --> 00:33:58,599
Why'd you wait nine years?
679
00:33:58,670 --> 00:34:02,664
I just put myself into
Christ's hands,
680
00:34:02,741 --> 00:34:05,005
and He sends me
where He sends me.
681
00:34:05,076 --> 00:34:07,408
You read the Bible?
Most days.
682
00:34:07,479 --> 00:34:11,916
Do you adhere to what it teaches
about murder and retribution?
683
00:34:11,983 --> 00:34:14,884
Thou shalt not kill,
684
00:34:14,953 --> 00:34:18,480
an eye for an eye. Yes,
those are part of my beliefs.
685
00:34:20,125 --> 00:34:23,618
So you believe you should be
punished for the sin you committed?
686
00:34:24,195 --> 00:34:26,323
That's not for me to say.
687
00:34:26,698 --> 00:34:31,761
All I can tell you is I let Jesus Christ
into my heart, and asked Him for salvation.
688
00:34:31,836 --> 00:34:36,205
Did Jesus direct you to file a motion to
dismiss the murder charge against you?
689
00:34:36,274 --> 00:34:39,505
I'm not some kind
of nut, Mr. McCoy.
690
00:34:39,578 --> 00:34:43,071
The Calvary Hill Foundation hired Ms.
Weiss to represent me.
691
00:34:43,148 --> 00:34:46,948
Once she knew all the facts,
she had this idea.
692
00:34:47,018 --> 00:34:48,986
To change!
693
00:34:49,054 --> 00:34:52,217
Your plea of guilty to murder,
694
00:34:52,290 --> 00:34:53,780
into a motion,
695
00:34:53,858 --> 00:34:56,350
to excuse you from all the
consequences?
696
00:34:56,428 --> 00:34:59,125
I know it doesn't sound
logical to you.
697
00:35:00,765 --> 00:35:04,599
"When the Lord closes
the door, he opens a window."
698
00:35:10,875 --> 00:35:14,607
God works in mysterious
ways, Mr. Elwin.
699
00:35:14,679 --> 00:35:17,876
You don't need to convince
me, Mr. McCoy.
700
00:35:27,993 --> 00:35:30,428
It's not easy to cross examine
a true believer, Jack.
701
00:35:30,495 --> 00:35:32,156
Religion's one thing.
702
00:35:32,230 --> 00:35:35,757
But to invoke it as a mantra to
avoid personal responsibility...
703
00:35:35,834 --> 00:35:38,235
Mantra or not, Judge
Proctor seemed riveted.
704
00:35:38,303 --> 00:35:39,668
Excuse me.
705
00:35:39,738 --> 00:35:42,036
Is he gonna get
away with killin' my son?
706
00:35:42,140 --> 00:35:44,074
Not if I can help it, sir.
707
00:35:44,142 --> 00:35:47,476
I believe in God
too, Mr. McCoy.
708
00:35:47,545 --> 00:35:50,378
I try to forgive, I just
don't have it in me.
709
00:35:50,448 --> 00:35:52,849
I wish there was something I
could say besides I'm sorry.
710
00:35:52,917 --> 00:35:55,352
No offense, but I've been
hearing "sorry" all morning.
711
00:35:55,420 --> 00:35:58,913
How about "don't do
it in the first place"?
712
00:36:03,862 --> 00:36:06,490
Elwin's the last of the
defense witnesses.
713
00:36:06,564 --> 00:36:09,932
I wonder why they're not
calling his sister?
714
00:36:10,001 --> 00:36:12,333
She didn't give the
cops a DNA sample.
715
00:36:12,404 --> 00:36:14,998
Maybe she isn't atrue
believer in her brother.
716
00:36:15,073 --> 00:36:16,837
Let's hit her with
a subpoena.
717
00:36:20,912 --> 00:36:24,542
Bruce and I didn't know any African-Americans
growing up in New Hampshire.
718
00:36:24,616 --> 00:36:27,779
So how did he react when you
started dating Justin Leonard?
719
00:36:27,852 --> 00:36:30,878
He asked how serious it was.
720
00:36:33,158 --> 00:36:35,718
I told Bruce that
I was in love with him.
721
00:36:36,161 --> 00:36:38,789
How did your brother respond?
722
00:36:39,864 --> 00:36:41,491
I don't remember.
723
00:36:41,566 --> 00:36:45,525
He's admitted to killing Justin
because he was black, Mrs. Harvard,
724
00:36:45,603 --> 00:36:47,230
he must have
said something?
725
00:36:47,605 --> 00:36:51,701
I guess maybe he did.
Well, what did he say?
726
00:36:54,779 --> 00:36:57,077
He said that...
727
00:36:58,650 --> 00:37:00,982
He said that he didn't
want me to waste my life.
728
00:37:02,520 --> 00:37:04,921
Waste it how?
729
00:37:06,624 --> 00:37:08,991
Waste it how, Mrs. Harvard?
730
00:37:09,060 --> 00:37:12,121
To waste it on...
731
00:37:12,197 --> 00:37:14,632
To waste it on a black guy.
732
00:37:15,967 --> 00:37:18,459
Was that the language he used?
733
00:37:19,003 --> 00:37:21,131
No. He...
734
00:37:22,407 --> 00:37:24,535
He used another word.
735
00:37:29,314 --> 00:37:31,408
Do I have to say it?
736
00:37:33,985 --> 00:37:37,216
So after saying what he said,
737
00:37:37,288 --> 00:37:39,450
and doing what he did,
738
00:37:39,524 --> 00:37:42,687
do you honestly believe your
brother is different now?
739
00:37:42,794 --> 00:37:44,660
Yes.
740
00:37:44,729 --> 00:37:46,288
Imean, I...
741
00:37:46,364 --> 00:37:48,059
I---
742
00:37:48,133 --> 00:37:52,161
He called me from jail
to say how sorry he was.
743
00:37:52,504 --> 00:37:54,472
And you accepted his apology?
744
00:37:54,539 --> 00:37:55,938
I did.
745
00:37:58,576 --> 00:38:00,772
I really want to.
746
00:38:02,947 --> 00:38:06,645
But how can you know what's in
another person's heart?
747
00:38:25,236 --> 00:38:27,864
No one could argue
with a straight face
748
00:38:27,939 --> 00:38:32,877
that Bruce's faith and
rehabilitation aren't sincere.
749
00:38:32,944 --> 00:38:37,142
So here's the
$64,000 question, Judge.
750
00:38:37,215 --> 00:38:41,675
Will the law recognize his
rebirth in Jesus Christ?
751
00:38:41,753 --> 00:38:46,418
Or is it too scary to acknowledge that
there's a higher moral authority than
752
00:38:46,491 --> 00:38:50,291
what's written in a lawbook
somewhere?
753
00:38:50,361 --> 00:38:54,628
Bruce Elwin rendered himself
unto the very power we openly
754
00:38:54,699 --> 00:38:59,830
acknowledge is the inspiration, even
the source, of our legal institutions.
755
00:38:59,904 --> 00:39:04,205
God is woven into the fabric
of our laws.
756
00:39:04,976 --> 00:39:08,207
Our legislative and our
judicial bodies
757
00:39:08,279 --> 00:39:11,476
open their sessions
with prayer.
758
00:39:11,549 --> 00:39:16,988
Witnesses who come into this courtroom
are asked to swear on a Bible.
759
00:39:17,055 --> 00:39:19,251
Over your head, Judge,
760
00:39:19,324 --> 00:39:21,292
higher than the law itself,
761
00:39:21,359 --> 00:39:23,191
is a simple statement,
762
00:39:23,261 --> 00:39:26,128
"In God We Trust".
763
00:39:26,197 --> 00:39:28,291
Is that just lip service?
764
00:39:28,366 --> 00:39:31,700
Let's put our money
where our mouth is.
765
00:39:31,769 --> 00:39:35,728
Look at what God's done
for Bruce Elwin.
766
00:39:35,807 --> 00:39:39,243
Can the justice of men
do better?
767
00:39:44,415 --> 00:39:46,941
Is Ms. Weiss serious?
768
00:39:47,018 --> 00:39:49,612
If you really, really,
really turn to God,
769
00:39:49,687 --> 00:39:53,521
you can murder someone and
walk away with a clean slate?
770
00:39:53,591 --> 00:39:59,030
That doesn't put Mr. Elwin in line with
any higher moral authority I'm aware of.
771
00:39:59,097 --> 00:40:01,589
It places him above the law.
772
00:40:01,666 --> 00:40:03,156
We can all acknowledge
773
00:40:03,234 --> 00:40:07,137
the existence of a
higher moral authority!
774
00:40:07,672 --> 00:40:09,333
We see it in action,
775
00:40:09,407 --> 00:40:10,932
when our collective conscience
776
00:40:11,009 --> 00:40:14,968
compels us to reject
unjust or immoral laws!
777
00:40:15,046 --> 00:40:17,413
But while our actions may
be guided by our faith,
778
00:40:17,482 --> 00:40:21,783
we deliberately don't conduct
them under the guise of religion.
779
00:40:21,853 --> 00:40:27,314
Our founders left "God" out of the Constitution,
not for lack of faith among them,
780
00:40:27,392 --> 00:40:28,951
but because of what they knew
781
00:40:29,027 --> 00:40:33,760
about the toxic combination
of state and religious power.
782
00:40:33,831 --> 00:40:35,799
So,
783
00:40:35,867 --> 00:40:37,562
if Mr. Elwin,
784
00:40:37,635 --> 00:40:41,094
regards his prosecution
for a hate murder
785
00:40:41,172 --> 00:40:43,971
as unjust or immoral,
786
00:40:44,042 --> 00:40:48,036
let him present his arguments
without the cloak of religion.
787
00:40:48,780 --> 00:40:50,976
To that, the People
say the defendant's
788
00:40:51,049 --> 00:40:54,451
virtuous conduct
after Justin Leonard's murder
789
00:40:54,519 --> 00:40:57,580
should be a
factor in his sentencing.
790
00:40:58,589 --> 00:41:00,853
But to dismiss
this case outright,
791
00:41:00,925 --> 00:41:03,394
would be a miscarriage of
justice that contradicts
792
00:41:03,461 --> 00:41:07,261
more than 200 years
of American jurisprudence.
793
00:41:09,167 --> 00:41:11,431
If you kill someone,
Mr. Elwin,
794
00:41:11,502 --> 00:41:14,437
you have to answer
to the State first.
795
00:41:14,505 --> 00:41:16,735
And to Justin Leonard,
796
00:41:16,808 --> 00:41:18,606
and his family.
797
00:41:18,676 --> 00:41:22,271
And then, hopefully,
some day, to your Maker.
798
00:41:31,456 --> 00:41:34,756
I commend the defendant for
using his religion and remorse
799
00:41:34,826 --> 00:41:39,024
for his heinous conduct as a
fulcrum to change his life.
800
00:41:39,097 --> 00:41:43,500
I believe his transformation
is heartfelt and sincere.
801
00:41:44,102 --> 00:41:47,732
Nevertheless, for the reasons
stated by Mr. McCoy,
802
00:41:47,805 --> 00:41:50,831
I'm denying the defendant's motion
to dismiss the murder charge
803
00:41:50,908 --> 00:41:52,933
in the interests of justice.
804
00:41:53,011 --> 00:41:55,946
Let's set a trial date.
(GAVEL FALLS)
805
00:42:00,184 --> 00:42:02,744
Unless the defendant wants to "put
his money where his mouth is".
806
00:42:02,820 --> 00:42:04,549
No, this is going to ajury.
807
00:42:04,622 --> 00:42:06,056
Don't you wanna hear my offer?
808
00:42:06,124 --> 00:42:09,219
I know you, Jack, I know it's not
gonna be anywhere in the ballpark.
809
00:42:09,293 --> 00:42:12,126
Then you know I'll do everything in my
power to keep you from jamming this
810
00:42:12,196 --> 00:42:14,358
defense in through jury
nullification.
811
00:42:14,432 --> 00:42:17,800
Well, you can't stop me from calling
lots of character witnesses.
812
00:42:17,902 --> 00:42:19,461
Back door's as
good as the front.
813
00:42:19,537 --> 00:42:21,266
No.
814
00:42:21,339 --> 00:42:22,397
No.
815
00:42:22,473 --> 00:42:25,602
This is a sign.
Bruce, please.
816
00:42:25,676 --> 00:42:28,304
I murdered him,
817
00:42:28,379 --> 00:42:29,471
and I'll plead guilty.
818
00:42:29,547 --> 00:42:32,517
Do that and you'll spend the rest
of your life in jail, Bruce.
819
00:42:32,583 --> 00:42:35,644
If that's what the Lord wants.
820
00:42:35,720 --> 00:42:39,850
There's only one way for me to
be at peace with Jesus now.
821
00:42:44,062 --> 00:42:46,622
And it's to pay for
what I've done.
822
00:43:01,179 --> 00:43:06,049
I'll, uh, I'll call the Judge,
I'll let her know.
823
00:43:06,117 --> 00:43:07,710
Too bad.
824
00:43:07,785 --> 00:43:12,416
Way things are goin' in this
country, I could've hung the jury.
825
00:43:12,490 --> 00:43:15,084
Next time, Wendy.
826
00:43:21,499 --> 00:43:23,593
I'm just curious, Jack.
827
00:43:23,668 --> 00:43:26,160
What were you going to offer?
828
00:43:26,237 --> 00:43:28,137
I was considering going
as low as man one,
829
00:43:28,206 --> 00:43:31,005
praise the Lord.