1 00:00:09,400 --> 00:00:09,574 . 2 00:00:09,618 --> 00:00:11,402 - In the criminal justice system, 3 00:00:11,446 --> 00:00:12,751 the people are represented 4 00:00:12,795 --> 00:00:15,189 by two separate, yet equally important groups: 5 00:00:15,232 --> 00:00:17,060 the police, who investigate crime, 6 00:00:17,104 --> 00:00:20,020 and the district attorneys, who prosecute the offenders. 7 00:00:20,063 --> 00:00:21,760 These are their stories. 8 00:00:23,066 --> 00:00:24,154 - Hey, Rachel. It's me. 9 00:00:24,198 --> 00:00:25,329 I know we said 7:00, 10 00:00:25,373 --> 00:00:26,765 but I'm still a couple of minutes out. 11 00:00:26,809 --> 00:00:28,071 I will see you soon. 12 00:00:38,212 --> 00:00:40,344 [line trilling] 13 00:00:40,388 --> 00:00:42,085 Hey, Rachel. It's me again. 14 00:00:42,129 --> 00:00:45,132 I'm 30 minutes late, but I'm here. 15 00:00:45,175 --> 00:00:46,176 I'm really sorry. 16 00:00:46,220 --> 00:00:47,786 A witness interview ran long, 17 00:00:47,830 --> 00:00:50,398 and I lost track of time. 18 00:00:50,441 --> 00:00:53,618 Just call me back if you need to reschedule. 19 00:01:08,720 --> 00:01:12,028 [ominous music] 20 00:01:12,072 --> 00:01:19,166 ♪ 21 00:01:24,910 --> 00:01:25,998 Rachel. 22 00:01:26,042 --> 00:01:27,130 Oh, my God. 23 00:01:27,174 --> 00:01:28,740 Oh, my God. 24 00:01:28,783 --> 00:01:29,785 [gasps] 25 00:01:33,876 --> 00:01:37,619 Yeah, I need an ambulance at Sutton Place Park. 26 00:01:41,710 --> 00:01:43,146 - Talk to us. - Stabbing. 27 00:01:43,190 --> 00:01:45,192 Single wound. Bled out. 28 00:01:45,235 --> 00:01:47,497 MLI puts time of death at about 7:00 p.m. 29 00:01:47,542 --> 00:01:50,762 DOA is Rachel Bender, 38 Red Hook. 30 00:01:50,806 --> 00:01:52,155 - Cash and credit cards are still here. 31 00:01:52,199 --> 00:01:54,114 We can cross off robbery. 32 00:01:54,157 --> 00:01:55,332 - Any signs of sexual assault? 33 00:01:55,376 --> 00:01:57,420 - MLI says no indications. 34 00:01:57,465 --> 00:01:58,727 Found the wallet here 35 00:01:58,770 --> 00:02:00,250 and got the fresh shoe print in the mud there. 36 00:02:00,294 --> 00:02:02,122 - Get an imprint of that to the lab. 37 00:02:02,165 --> 00:02:03,427 - I'll let them know. 38 00:02:03,471 --> 00:02:04,907 - Judging by the blood trail, 39 00:02:04,950 --> 00:02:06,778 it looks like she tried to make it out of the park. 40 00:02:06,822 --> 00:02:08,431 - Didn't get very far. 41 00:02:16,745 --> 00:02:18,442 Dialed 9. 42 00:02:18,486 --> 00:02:20,879 Maybe trying to call for help. 43 00:02:20,923 --> 00:02:22,272 - Witnesses? 44 00:02:22,316 --> 00:02:23,839 - A park maintenance employee 45 00:02:23,882 --> 00:02:26,624 said he saw the victim arguing with a guy in a long coat. 46 00:02:26,668 --> 00:02:28,800 He was a ways off, so he didn't get race or age specifics. 47 00:02:28,844 --> 00:02:31,151 Just figured it was a lovers' spat. 48 00:02:31,194 --> 00:02:32,716 - Who found the body? 49 00:02:32,761 --> 00:02:35,242 - Home team. Prosecutor. 50 00:02:42,336 --> 00:02:44,207 - Counselor. 51 00:02:44,251 --> 00:02:46,296 - She was a friend. 52 00:02:47,515 --> 00:02:49,299 - Want to tell us what happened? 53 00:02:49,343 --> 00:02:51,083 - We were supposed to meet up. 54 00:02:51,127 --> 00:02:53,303 I hadn't seen her in months, 55 00:02:53,347 --> 00:02:55,478 but she called me this morning. 56 00:02:55,523 --> 00:02:57,567 Said she wanted my advice about something. 57 00:02:57,612 --> 00:02:59,831 - Did she mention what it was about? 58 00:02:59,875 --> 00:03:02,138 - No, she just said it was complicated. 59 00:03:02,182 --> 00:03:03,226 - When were you supposed to meet? 60 00:03:03,270 --> 00:03:04,706 - 7:00. 61 00:03:04,749 --> 00:03:08,884 I was running late, so I didn't get here till 7:30. 62 00:03:08,927 --> 00:03:10,407 - I'm just gonna assume that someone 63 00:03:10,451 --> 00:03:12,235 can verify your whereabouts before then. 64 00:03:12,279 --> 00:03:13,497 - Yeah. 65 00:03:15,673 --> 00:03:18,023 - How'd you know her, Nolan? 66 00:03:18,067 --> 00:03:20,243 - We worked side by side at the public defender's office 67 00:03:20,287 --> 00:03:22,245 for three years. 68 00:03:22,289 --> 00:03:23,855 - She was still a public defender? 69 00:03:23,899 --> 00:03:25,204 - Yeah. 70 00:03:25,248 --> 00:03:26,249 - Long list of people would want 71 00:03:26,293 --> 00:03:28,991 someone like that dead. 72 00:03:29,034 --> 00:03:31,559 - Somebody like that? 73 00:03:31,602 --> 00:03:33,387 - Sorry. That came out wrong. 74 00:03:35,824 --> 00:03:39,523 Boy, did I put my foot in my mouth there. 75 00:03:39,567 --> 00:03:41,612 - More like both feet. 76 00:03:44,224 --> 00:03:47,923 [dramatic music] 77 00:03:47,966 --> 00:03:54,495 ♪ 78 00:04:29,965 --> 00:04:32,228 - Nothing suspicious in the vic's apartment. 79 00:04:32,272 --> 00:04:33,447 She lived alone. 80 00:04:33,490 --> 00:04:34,970 No indication of a significant other. 81 00:04:35,013 --> 00:04:36,319 - Murder weapon? - Nope. 82 00:04:36,363 --> 00:04:38,103 No eyewitnesses. Nothing on canvass either. 83 00:04:38,147 --> 00:04:39,714 - What about next of kin? 84 00:04:39,757 --> 00:04:42,499 - Her mom is coming up from Baltimore now. 85 00:04:42,543 --> 00:04:44,762 - Where was Rachel coming from before she was killed? 86 00:04:44,806 --> 00:04:46,590 - Work. Public defender's office 87 00:04:46,634 --> 00:04:48,679 is five blocks from Sutton Place Park. 88 00:04:48,723 --> 00:04:50,551 - Vi, can we grab any footage 89 00:04:50,594 --> 00:04:52,248 and track her walk from the office? 90 00:04:52,292 --> 00:04:54,337 - Cameras are sparse near the park, 91 00:04:54,381 --> 00:04:56,252 but I did pull something from the security cams 92 00:04:56,296 --> 00:04:57,645 by her office. 93 00:04:59,429 --> 00:05:01,562 Guy's following Rachel. 94 00:05:01,605 --> 00:05:03,694 - Can you freeze that? - That's a clean look. 95 00:05:03,738 --> 00:05:05,392 Any chance he's in the system? 96 00:05:05,435 --> 00:05:07,524 - Checking now. 97 00:05:11,398 --> 00:05:14,314 Owen Bardo. Yonkers address. 98 00:05:14,357 --> 00:05:17,317 Long sheet of violent priors. 99 00:05:17,360 --> 00:05:19,536 He's on trial for assault now. 100 00:05:19,580 --> 00:05:22,800 Guess who his counsel of record is? 101 00:05:22,844 --> 00:05:24,715 - Rachel Bender. 102 00:05:26,761 --> 00:05:28,763 - Owen Bardo. - Yeah. 103 00:05:28,806 --> 00:05:32,114 - NYPD. We need a minute. 104 00:05:32,157 --> 00:05:34,159 When's the last time you saw Rachel Bender? 105 00:05:34,203 --> 00:05:35,378 - Yesterday evening. 106 00:05:35,422 --> 00:05:36,597 - Why were you with her? 107 00:05:36,640 --> 00:05:38,642 - Wait. What's this about? 108 00:05:38,686 --> 00:05:41,079 - This is about the fact that your lawyer turned up dead 109 00:05:41,123 --> 00:05:44,126 after you were seen following her yesterday. 110 00:05:44,169 --> 00:05:45,345 - What? 111 00:05:45,388 --> 00:05:46,998 - So why were you following her? 112 00:05:47,042 --> 00:05:48,609 - I wasn't. 113 00:05:48,652 --> 00:05:51,133 She asked me to sign this affidavit for my case, 114 00:05:51,176 --> 00:05:52,439 so I was dropping it off. 115 00:05:52,482 --> 00:05:54,179 - We didn't find her with any affidavit. 116 00:05:54,223 --> 00:05:56,399 - 'Cause she said she was on her way to meet a friend. 117 00:05:56,443 --> 00:05:58,183 Asked me to bring it back later. 118 00:05:58,227 --> 00:05:59,489 - How'd you two get along? 119 00:05:59,533 --> 00:06:02,057 - We weren't best friends. She was my lawyer. 120 00:06:02,100 --> 00:06:03,624 - Where'd you go after meeting with her? 121 00:06:03,667 --> 00:06:06,627 - Straight to the Papaya King right around the corner. 122 00:06:06,670 --> 00:06:08,498 I was there till 8:00. 123 00:06:08,542 --> 00:06:10,500 Look into it. - We will. 124 00:06:10,544 --> 00:06:11,980 - Look, she may have had clients 125 00:06:12,023 --> 00:06:14,069 who didn't appreciate her, but not me. 126 00:06:14,112 --> 00:06:16,245 When I caught up to her, she was on the phone 127 00:06:16,288 --> 00:06:18,682 talking to someone about getting a protective order. 128 00:06:18,726 --> 00:06:20,031 She even joked with me about it. 129 00:06:20,075 --> 00:06:21,511 She said I don't have anything to worry about. 130 00:06:21,555 --> 00:06:23,383 I'm not the guy she's scared of. 131 00:06:23,426 --> 00:06:24,601 - When was this? 132 00:06:24,645 --> 00:06:26,777 - 6:40, 6:45. 133 00:06:30,738 --> 00:06:32,174 - Only two detectives? 134 00:06:32,217 --> 00:06:35,525 If it was an ADA, how many would be assigned? Ten? 135 00:06:35,569 --> 00:06:37,875 Plus the press conferences, 136 00:06:37,919 --> 00:06:40,530 commissioner, mayor, district attorney. 137 00:06:40,574 --> 00:06:44,099 But a dead public defender, who cares, right? 138 00:06:44,142 --> 00:06:46,623 - Well, I'm so happy you got that off your chest, Manny. 139 00:06:46,667 --> 00:06:47,581 I hope you feel better. - Just so you know, 140 00:06:47,624 --> 00:06:48,756 none of that is true. 141 00:06:48,799 --> 00:06:51,323 We investigate all cases the same way. 142 00:06:51,367 --> 00:06:52,716 - So how can I help you? 143 00:06:52,760 --> 00:06:54,196 - We know Rachel called you last night 144 00:06:54,239 --> 00:06:55,502 about a protective order. 145 00:06:55,545 --> 00:06:57,373 We just want to know who she's afraid of. 146 00:06:57,417 --> 00:06:58,548 - She didn't say. 147 00:06:58,592 --> 00:07:00,028 She just wanted to know if it would 148 00:07:00,071 --> 00:07:02,639 cast the office in a bad light if one of its lawyers 149 00:07:02,683 --> 00:07:04,902 was getting a protective order for herself. 150 00:07:04,946 --> 00:07:07,078 I told her if she needed one, she should get one. 151 00:07:07,122 --> 00:07:10,038 - You know of any clients she was having problems with? 152 00:07:10,081 --> 00:07:12,649 - Don't know the details, but I heard her talking 153 00:07:12,693 --> 00:07:14,738 about a recent murder sentencing. 154 00:07:14,782 --> 00:07:15,913 She said she was scared. 155 00:07:15,957 --> 00:07:17,567 Thought someone was gonna kill her. 156 00:07:17,611 --> 00:07:20,309 Don't know if she was joking or not. 157 00:07:20,352 --> 00:07:22,311 - Well, she wasn't. 158 00:07:22,354 --> 00:07:25,009 Do you have her calendar? 159 00:07:25,053 --> 00:07:27,621 - I subbed in for the sentencing. 160 00:07:27,664 --> 00:07:29,579 Rafael Cortez. 161 00:07:29,623 --> 00:07:31,494 Triple homicide. 162 00:07:31,538 --> 00:07:34,758 A dispute over drug proceeds. 163 00:07:34,802 --> 00:07:36,933 Guidelines left me no flexibility. 164 00:07:36,978 --> 00:07:38,936 - She have a problem with her client? 165 00:07:38,980 --> 00:07:42,592 - Problem was with her client's son. 166 00:07:42,636 --> 00:07:45,726 He tried attacking Rachel. 167 00:07:45,769 --> 00:07:47,467 Called her a stupid bitch. 168 00:07:47,510 --> 00:07:49,686 Said it was all her fault. 169 00:07:49,730 --> 00:07:51,688 Court officers had to hold him back. 170 00:07:51,732 --> 00:07:54,735 - Is he in the system now? - No. 171 00:07:54,778 --> 00:07:56,214 I would have held him in contempt, 172 00:07:56,258 --> 00:08:00,697 but Rachel said the family had been through enough. 173 00:08:00,741 --> 00:08:03,221 I shouldn't have listened to her. 174 00:08:05,528 --> 00:08:08,226 - Yo, that's out! That's out, bro! 175 00:08:08,270 --> 00:08:09,619 Let's go, baby! You got it, fellas! 176 00:08:09,663 --> 00:08:10,794 - Yo, who's got next? 177 00:08:10,838 --> 00:08:13,057 - Luis Cortez, we need a word. 178 00:08:13,101 --> 00:08:14,058 - 5-0! 5-0! 179 00:08:14,102 --> 00:08:16,408 [shouting] 180 00:08:16,452 --> 00:08:17,932 - Uh-uh. 181 00:08:17,975 --> 00:08:19,150 Almost. 182 00:08:19,194 --> 00:08:20,630 [both grunt] 183 00:08:20,674 --> 00:08:22,719 - I didn't do nothing. - Yep. 184 00:08:23,720 --> 00:08:25,548 Why'd you run then? 185 00:08:25,592 --> 00:08:26,941 Give me your hand. 186 00:08:26,984 --> 00:08:28,246 Other hand. 187 00:08:28,290 --> 00:08:29,726 - I got a gun. 188 00:08:34,601 --> 00:08:35,688 And a knife. 189 00:08:35,732 --> 00:08:37,865 - I didn't do nothing! 190 00:08:43,479 --> 00:08:47,831 - Now what's at 713 Van Brunt Street, Red Hook, huh? 191 00:08:47,875 --> 00:08:50,530 - That's Rachel Bender's address. 192 00:08:50,573 --> 00:08:51,879 - Well, well, well, 193 00:08:51,922 --> 00:08:53,924 looks like we need to have a conversation. 194 00:08:53,968 --> 00:08:55,230 Stand up. 195 00:08:59,756 --> 00:08:59,974 . 196 00:09:00,017 --> 00:09:01,802 - What's with the arsenal? 197 00:09:01,845 --> 00:09:03,804 - Man's got a right to protect himself. 198 00:09:03,847 --> 00:09:04,848 I got enemies. 199 00:09:04,892 --> 00:09:06,589 - Was Rachel Bender one of them? 200 00:09:06,633 --> 00:09:08,809 - It's that thing in court, right? 201 00:09:08,852 --> 00:09:10,767 She should have made my pops take a plea. 202 00:09:10,811 --> 00:09:12,726 He was gonna die in prison. 203 00:09:12,769 --> 00:09:15,337 - You have any contact with Rachel after that incident? 204 00:09:15,380 --> 00:09:18,601 - No, but I saw my pops. 205 00:09:18,645 --> 00:09:20,168 He was pissed at me. 206 00:09:20,211 --> 00:09:21,691 Said I should apologize. 207 00:09:21,735 --> 00:09:24,259 Told me how much she had done for him. 208 00:09:24,302 --> 00:09:27,479 I had her address 'cause I sent roses to her apartment. 209 00:09:27,523 --> 00:09:29,133 Look it up. 210 00:09:29,177 --> 00:09:30,439 - Where were you last night? 211 00:09:30,482 --> 00:09:33,007 - Why? What's she saying? 212 00:09:33,050 --> 00:09:34,617 - Nothing. 213 00:09:34,661 --> 00:09:36,837 Somebody killed her. 214 00:09:36,880 --> 00:09:38,316 - No. No way. 215 00:09:38,360 --> 00:09:41,058 I was at my baby mama's house in Bensonhurst, OK? 216 00:09:41,102 --> 00:09:42,538 - Not OK. 217 00:09:42,582 --> 00:09:44,540 First, we're gonna check out your story. 218 00:09:44,584 --> 00:09:45,454 And then you're gonna have to answer 219 00:09:45,497 --> 00:09:47,021 for this gun in your bag. 220 00:09:48,892 --> 00:09:51,329 - Luis Cortez's phone puts him in Brooklyn 221 00:09:51,373 --> 00:09:52,592 at the time of Rachel's murder, 222 00:09:52,635 --> 00:09:54,811 but his knife is not a match for the wound. 223 00:09:54,855 --> 00:09:57,205 - His credit card confirms that he sent Rachel flowers 224 00:09:57,248 --> 00:10:01,252 to her apartment the day before she was killed. 225 00:10:01,296 --> 00:10:02,863 - So back to the drawing board. 226 00:10:02,906 --> 00:10:05,082 - Well, we've been working our way through Rachel's cases, 227 00:10:05,126 --> 00:10:07,737 and it seems like all of her clients with an ax to grind 228 00:10:07,781 --> 00:10:09,696 are either in prison or alibi out. 229 00:10:09,739 --> 00:10:11,393 - Anything back from the crime lab? 230 00:10:11,436 --> 00:10:12,916 - No DNA found on Rachel, 231 00:10:12,960 --> 00:10:15,745 but they were able to ID that shoe imprint 232 00:10:15,789 --> 00:10:18,443 we found in the mud next to her wallet. 233 00:10:18,487 --> 00:10:21,098 - Size 11. Very distinctive sole pattern. 234 00:10:21,142 --> 00:10:25,102 Pegs it as a Giovanni Presario. High-end Italian loafer. 235 00:10:25,146 --> 00:10:26,234 - Narrows it a little bit. 236 00:10:26,277 --> 00:10:27,191 [phone chimes, buzzes] 237 00:10:29,585 --> 00:10:31,718 - Rachel's mom is here. 238 00:10:31,761 --> 00:10:35,591 Maybe she can help us narrow it down even more. 239 00:10:35,635 --> 00:10:39,377 - Rachel was so brilliant. 240 00:10:39,421 --> 00:10:40,727 I told her for years 241 00:10:40,770 --> 00:10:43,033 she should get paid for her smarts 242 00:10:43,077 --> 00:10:47,995 by being in private practice, but... 243 00:10:48,038 --> 00:10:50,737 - We're very sorry for your loss, Ms. Bender. 244 00:10:50,780 --> 00:10:52,129 And we really appreciate you coming in 245 00:10:52,173 --> 00:10:54,218 on this difficult day. 246 00:10:54,262 --> 00:10:58,570 Do you know if Rachel was dating anyone? 247 00:10:58,614 --> 00:11:00,224 - No, not seriously. 248 00:11:00,268 --> 00:11:03,097 - Did she ever mention anybody she was having a problem with? 249 00:11:03,140 --> 00:11:04,620 - Like whom? 250 00:11:04,664 --> 00:11:06,230 - Her clients, for instance. 251 00:11:06,274 --> 00:11:09,799 - Well, they were all problems. They were criminals. 252 00:11:09,843 --> 00:11:11,801 - We mean something irregular, 253 00:11:11,845 --> 00:11:14,282 like a threat or a confrontation. 254 00:11:14,325 --> 00:11:17,241 - Yeah, she did tell me 255 00:11:17,285 --> 00:11:20,505 about an altercation she had last Friday 256 00:11:20,549 --> 00:11:23,117 with a restaurant in The Village 257 00:11:23,160 --> 00:11:24,684 named Luchardi's. 258 00:11:24,727 --> 00:11:27,295 - Did she say with whom? - No. 259 00:11:27,338 --> 00:11:31,473 But she was really shaken up. 260 00:11:31,516 --> 00:11:33,257 Said she was never going back. 261 00:11:37,653 --> 00:11:38,785 - Rachel was a regular. 262 00:11:38,828 --> 00:11:40,351 She always ordered a caprese salad. 263 00:11:40,395 --> 00:11:41,744 - I understand there was an incident with her 264 00:11:41,788 --> 00:11:42,745 last time she was in. 265 00:11:42,789 --> 00:11:44,790 - Yeah, it was nutty. 266 00:11:44,834 --> 00:11:46,662 Rachel was over by the bathroom. 267 00:11:46,706 --> 00:11:49,056 A guy is sitting, drinking at the bar. 268 00:11:49,099 --> 00:11:51,319 He sees her. Starts screaming. 269 00:11:51,362 --> 00:11:52,450 - About what? 270 00:11:52,494 --> 00:11:53,800 - I didn't hear the nitty gritty. 271 00:11:53,843 --> 00:11:55,149 I got between them quick, though. 272 00:11:55,192 --> 00:11:56,498 I showed 'em the door. 273 00:11:56,540 --> 00:11:58,369 - He follow her? - I couldn't tell you. 274 00:11:58,413 --> 00:11:59,675 I was short-staffed that day. 275 00:11:59,719 --> 00:12:01,111 I had a delivery to attend to. 276 00:12:01,155 --> 00:12:02,809 I didn't even know Rachel was there until I saw her. 277 00:12:02,852 --> 00:12:04,985 - Do you remember the guy? - Yeah. 278 00:12:05,028 --> 00:12:07,814 Scraggly hairs. Big, white guy. 279 00:12:07,857 --> 00:12:09,467 - You think you could find his credit card receipt? 280 00:12:09,511 --> 00:12:11,034 Maybe give us a name? - Sure. 281 00:12:14,559 --> 00:12:16,823 - Adam Grassley? - Yeah? 282 00:12:16,866 --> 00:12:18,259 - Mr. Grassley, we're police detectives. 283 00:12:18,302 --> 00:12:20,348 May we come in and ask you a few questions? 284 00:12:20,391 --> 00:12:22,480 - No. 285 00:12:22,524 --> 00:12:24,700 - OK, would you like to step outside, 286 00:12:24,744 --> 00:12:26,484 and we can have a conversation? 287 00:12:26,528 --> 00:12:31,054 - Why don't you take your toy badges and get off my porch? 288 00:12:32,055 --> 00:12:33,840 - Sir, have you been drinking? 289 00:12:33,883 --> 00:12:36,277 - It's a free country. - Yes, it is. 290 00:12:36,320 --> 00:12:37,844 And that's why we're gonna cut you some slack 291 00:12:37,887 --> 00:12:39,628 for getting so mouthy with us. 292 00:12:39,671 --> 00:12:41,282 We're just gonna ask you a few questions. 293 00:12:41,325 --> 00:12:43,588 - You're gonna cut me slack? 294 00:12:43,632 --> 00:12:45,286 You guys are on my property... - Easy. 295 00:12:45,329 --> 00:12:47,244 - And you're gonna tell me what to do? 296 00:12:47,288 --> 00:12:48,202 - Easy, Grassley. - Hey. 297 00:12:48,245 --> 00:12:50,639 - [grunts] 298 00:12:50,682 --> 00:12:51,814 I didn't do any-- 299 00:12:51,858 --> 00:12:54,077 Get off of me! - Hey. 300 00:12:54,121 --> 00:12:55,949 You wanted us off your property? 301 00:12:55,992 --> 00:12:58,386 It's your lucky day, buddy. 302 00:12:58,429 --> 00:13:00,257 You're coming with us. 303 00:13:01,389 --> 00:13:04,218 - What's your beef with Rachel Bender? 304 00:13:04,261 --> 00:13:06,829 - So that's what this is about, that piece of garbage? 305 00:13:06,873 --> 00:13:10,311 - Hey. You've had plenty of time to sober up, buddy, 306 00:13:10,354 --> 00:13:13,749 so do yourself a favor and answer our questions. 307 00:13:18,188 --> 00:13:21,017 - My 16-year-old daughter was raped and murdered 308 00:13:21,061 --> 00:13:23,280 by one of her clients in July. 309 00:13:25,108 --> 00:13:28,155 And Bender got him acquitted last week 310 00:13:28,198 --> 00:13:32,202 'cause of a warrantless search by meathead cops. 311 00:13:34,248 --> 00:13:36,467 - That's terrible. 312 00:13:36,511 --> 00:13:37,904 I have a teenage daughter myself. 313 00:13:37,947 --> 00:13:40,341 I can't imagine the pain you're going through. 314 00:13:40,384 --> 00:13:42,952 I'm sorry for your loss. 315 00:13:44,171 --> 00:13:46,173 - I just wanted to ask her, like, how... 316 00:13:48,915 --> 00:13:51,352 How do you represent such a vile human being? 317 00:13:51,395 --> 00:13:53,745 She wouldn't answer my calls. 318 00:13:53,789 --> 00:13:55,573 Then I ran into her. 319 00:13:55,617 --> 00:13:57,401 - You have any further interactions? 320 00:13:57,445 --> 00:13:58,794 - Why? 321 00:13:58,838 --> 00:14:00,970 - Someone killed her. 322 00:14:05,061 --> 00:14:07,716 - Is this where I'm supposed to say karma's a bitch? 323 00:14:07,759 --> 00:14:10,458 No, I didn't do it. 324 00:14:10,501 --> 00:14:13,374 It's like I told her boyfriend. I said my piece. 325 00:14:13,417 --> 00:14:14,679 - Boyfriend? 326 00:14:14,723 --> 00:14:16,812 When did you talk to her boyfriend? 327 00:14:16,856 --> 00:14:18,640 - Luchardi's. 328 00:14:18,683 --> 00:14:20,685 Guy follows me into the street 329 00:14:20,729 --> 00:14:22,122 screaming at me to leave her alone. 330 00:14:22,165 --> 00:14:24,864 Almost knocked his ass out too. 331 00:14:24,907 --> 00:14:26,561 But I didn't. 332 00:14:26,604 --> 00:14:29,477 Instead, I just went to the bar across the street 333 00:14:29,520 --> 00:14:32,306 and kept drinking. 334 00:14:39,052 --> 00:14:39,269 . 335 00:14:39,313 --> 00:14:41,924 - Went through Rachel's emails again, texts, phone calls. 336 00:14:41,968 --> 00:14:44,187 There's no sign she was dating anyone. 337 00:14:44,231 --> 00:14:45,841 - Maybe the relationship was on the down-low. 338 00:14:45,885 --> 00:14:47,887 - Maybe the guy is married. 339 00:14:47,930 --> 00:14:50,672 - As for her dating pool, there are 200 males at her office. 340 00:14:50,715 --> 00:14:52,500 Factor in full-timers at the courthouse, 341 00:14:52,543 --> 00:14:53,675 guys who come in and out. 342 00:14:53,718 --> 00:14:55,111 - Jeez, we're gonna need an abacus. 343 00:14:55,155 --> 00:14:57,070 - They had to be out and about a little bit, right? 344 00:14:57,113 --> 00:14:59,289 - Vi, dig back into Rachel's credit cards. 345 00:14:59,333 --> 00:15:03,641 Look for hotels, restaurants, bed and breakfasts. 346 00:15:03,685 --> 00:15:05,600 - There's not too much. 347 00:15:05,643 --> 00:15:08,255 But there were three charges last month 348 00:15:08,298 --> 00:15:11,606 from a café in The Village called Java Bliss. 349 00:15:11,649 --> 00:15:13,129 They were all before 6:30 a.m. 350 00:15:13,173 --> 00:15:15,262 And the last one was Saturday. - For an espresso? 351 00:15:15,305 --> 00:15:17,264 That's a long way to go for a girl from Red Hook. 352 00:15:17,307 --> 00:15:18,613 - You know, I don't know about you guys, 353 00:15:18,656 --> 00:15:21,311 but if I end up in a different borough 354 00:15:21,355 --> 00:15:24,706 stumbling into a coffee shop at that time of the morning... 355 00:15:24,749 --> 00:15:25,663 - It's 'cause you've just spent the night 356 00:15:25,707 --> 00:15:27,361 at someone's apartment. 357 00:15:27,404 --> 00:15:28,666 - Reach out to Java Bliss. 358 00:15:28,710 --> 00:15:30,886 See if they've got security cameras. 359 00:15:36,587 --> 00:15:38,459 - We need to speak to Judge Raymer. 360 00:15:38,502 --> 00:15:40,548 - He's busy. 361 00:15:40,591 --> 00:15:42,071 You can't go in there. 362 00:15:42,115 --> 00:15:43,855 - Francis versus Grace-- 363 00:15:43,899 --> 00:15:45,770 What the hell are you doing here? 364 00:15:45,814 --> 00:15:46,989 - Judge, we're executing a search warrant. 365 00:15:47,033 --> 00:15:48,860 - I am in the middle of a conference. 366 00:15:48,904 --> 00:15:51,124 - Well, your conference is now continued. 367 00:15:51,167 --> 00:15:53,648 Gentlemen, if you please. 368 00:15:57,608 --> 00:15:59,828 - Rachel Bender? Is this a joke? 369 00:15:59,871 --> 00:16:02,004 - It most certainly is not. 370 00:16:02,048 --> 00:16:03,963 - What's the probable cause? 371 00:16:04,006 --> 00:16:05,660 - We have an eyewitness who works at a coffee shop 372 00:16:05,703 --> 00:16:09,011 near your home who places you in the coffee shop Saturday 373 00:16:09,055 --> 00:16:10,708 having a heated argument with Rachel 374 00:16:10,752 --> 00:16:12,232 because she wouldn't take you back. 375 00:16:12,275 --> 00:16:15,017 - You need to get the hell out of there now. 376 00:16:15,061 --> 00:16:16,932 - Judge? 377 00:16:16,976 --> 00:16:18,934 Is that a cut in your right hand? 378 00:16:18,978 --> 00:16:20,283 [phone chimes, buzzes] 379 00:16:20,327 --> 00:16:22,111 - You have no idea 380 00:16:22,155 --> 00:16:24,026 the dimensions of the mistake you're making. 381 00:16:24,070 --> 00:16:25,506 - We are making no mistakes. 382 00:16:25,549 --> 00:16:27,073 We just got a text from a detective 383 00:16:27,116 --> 00:16:29,205 executing warrant at your house. 384 00:16:29,249 --> 00:16:33,296 They found a pair of size 11 Giovanni Presario loafers 385 00:16:33,340 --> 00:16:35,951 in your closet, mud still on the sole. 386 00:16:35,995 --> 00:16:38,388 Matches the footprint at the crime scene. 387 00:16:38,432 --> 00:16:39,737 - [whistles] 388 00:16:39,781 --> 00:16:41,913 - Turn around. - I'm not gonna turn around. 389 00:16:41,957 --> 00:16:44,264 You're seriously handcuffing me in my chamber? 390 00:16:44,307 --> 00:16:46,005 - Hey! 391 00:16:46,048 --> 00:16:50,009 You are under arrest for the murder of Rachel Bender. 392 00:16:56,754 --> 00:16:58,104 [door opens] 393 00:16:58,147 --> 00:17:00,932 - I've been waiting 20 minutes for a cup of coffee. 394 00:17:00,976 --> 00:17:02,891 - Judge, you know how this works. 395 00:17:02,934 --> 00:17:05,241 You've been in this business a very long time, 396 00:17:05,285 --> 00:17:07,635 so we're gonna shoot you straight. 397 00:17:07,678 --> 00:17:10,029 The evidence against you is very strong. 398 00:17:10,071 --> 00:17:12,944 We got your fancy size 11 loafers at the crime scene. 399 00:17:12,988 --> 00:17:15,338 You got a cut on the palm of your right hand, 400 00:17:15,382 --> 00:17:16,512 the stabbing hand. 401 00:17:16,557 --> 00:17:18,124 And a man matching your description 402 00:17:18,166 --> 00:17:20,560 was seen arguing with our vic 403 00:17:20,604 --> 00:17:22,606 shortly before she was murdered. 404 00:17:22,650 --> 00:17:25,305 - Plus we have motive. 405 00:17:25,348 --> 00:17:29,570 The victim dumps your ass a few days before she was murdered. 406 00:17:29,613 --> 00:17:31,963 - Get out ahead of this, Judge. 407 00:17:32,007 --> 00:17:34,575 Tell us your side of the story. 408 00:17:34,618 --> 00:17:36,751 - [scoffs] 409 00:17:36,794 --> 00:17:38,753 You want me to confess. 410 00:17:38,796 --> 00:17:40,320 Please. 411 00:17:40,363 --> 00:17:42,800 I had nothing to do with Rachel's death. 412 00:17:42,844 --> 00:17:44,715 So uncuff me right now, 413 00:17:44,759 --> 00:17:47,240 and I'll pretend that this was nothing more 414 00:17:47,283 --> 00:17:49,416 than an ill-informed error of judgment-- 415 00:17:49,459 --> 00:17:53,028 a simple but stupid mistake. 416 00:17:53,072 --> 00:17:55,726 - That's not the way to play this. 417 00:17:57,554 --> 00:17:59,426 Your Honor. 418 00:18:02,559 --> 00:18:06,259 - I want a lawyer now. 419 00:18:16,573 --> 00:18:18,401 - Judge Raymer? 420 00:18:18,445 --> 00:18:19,924 - Hard to believe, I know. 421 00:18:19,968 --> 00:18:21,448 - The facts say what they say. 422 00:18:21,491 --> 00:18:23,450 - No, I agree he's our man. 423 00:18:23,493 --> 00:18:25,930 But I reviewed the file. 424 00:18:25,974 --> 00:18:29,108 Evidence is solid, except it's all circumstantial. 425 00:18:29,151 --> 00:18:32,023 Is there anyone else who can help nail this down? 426 00:18:32,067 --> 00:18:34,243 Add some context to Raymer's personality, 427 00:18:34,287 --> 00:18:36,376 or better yet, provide some more evidence? 428 00:18:36,419 --> 00:18:37,681 - There may be. 429 00:18:37,725 --> 00:18:39,901 Raymer called his law clerk at 5:40 430 00:18:39,944 --> 00:18:41,903 the night that Rachel was killed. 431 00:18:41,946 --> 00:18:43,513 - That's less than two hours before the murder. 432 00:18:43,557 --> 00:18:45,820 - Which is why we're on our way to talk to him now. 433 00:18:45,863 --> 00:18:47,126 - I'm coming with you. 434 00:18:48,605 --> 00:18:50,129 - Are you sure about that? 435 00:18:50,172 --> 00:18:51,391 - I am. 436 00:18:55,786 --> 00:18:57,658 - No, that's impossible. 437 00:18:57,701 --> 00:18:59,399 Judge Raymer would never hurt anybody. 438 00:18:59,442 --> 00:19:01,488 - We appreciate your loyalty, Tyler. 439 00:19:01,531 --> 00:19:03,881 We just have a few questions, and we'll be on our way. 440 00:19:03,925 --> 00:19:05,535 Did you know about his relationship 441 00:19:05,579 --> 00:19:06,797 with Rachel Bender? 442 00:19:06,841 --> 00:19:08,103 - No. 443 00:19:08,147 --> 00:19:09,887 - Why did Raymer call you at 5:40 444 00:19:09,931 --> 00:19:11,628 the night Rachel was killed? 445 00:19:11,672 --> 00:19:12,934 - I was grabbing a slice 446 00:19:12,977 --> 00:19:14,892 across the street from the courthouse. 447 00:19:14,936 --> 00:19:16,720 I drive the judge to and from work. 448 00:19:16,764 --> 00:19:19,158 He wanted me to take him home. 449 00:19:19,201 --> 00:19:21,290 - Is that what you did? - Yes. 450 00:19:21,334 --> 00:19:23,074 I drove him to his place in The Village, 451 00:19:23,118 --> 00:19:24,902 then came up and worked on an opinion. 452 00:19:24,946 --> 00:19:27,949 I was with him till about 9:00. 453 00:19:27,992 --> 00:19:29,385 - Wait, hold on. 454 00:19:29,429 --> 00:19:31,300 You're telling us that you were at your boss' house 455 00:19:31,344 --> 00:19:33,737 for three hours that night with him? 456 00:19:33,781 --> 00:19:35,217 - Yes. 457 00:19:35,261 --> 00:19:37,959 - Wow, your judge, what a lucky guy. 458 00:19:38,002 --> 00:19:39,917 You just handed him the perfect alibi. 459 00:19:39,961 --> 00:19:42,355 - Hey, guys, could you give us a minute? 460 00:19:48,839 --> 00:19:51,102 Yeah, I was a clerk back in the day. 461 00:19:51,146 --> 00:19:54,889 I know what your boss means to you. 462 00:19:54,932 --> 00:19:56,934 - Judge Raymer is a brilliant man. 463 00:19:56,978 --> 00:19:58,893 Is a good man. - No. 464 00:19:58,936 --> 00:20:01,287 I felt the same way about Judge Munson. 465 00:20:01,330 --> 00:20:04,246 And I wouldn't change that experience for anything, 466 00:20:04,290 --> 00:20:06,553 even though the hours were really long 467 00:20:06,596 --> 00:20:08,468 and I felt like an indentured servant. 468 00:20:08,511 --> 00:20:11,122 - [chuckles] 469 00:20:11,166 --> 00:20:13,081 Nothing's changed in that regard. 470 00:20:13,124 --> 00:20:14,996 Trust me. - No, I know. 471 00:20:15,039 --> 00:20:17,041 Some things will never change, no matter what. 472 00:20:18,826 --> 00:20:20,262 But here's the thing, Tyler. 473 00:20:20,306 --> 00:20:25,093 Indentured servants don't socialize with their bosses. 474 00:20:25,136 --> 00:20:27,138 - Excuse me? [chuckles nervously] 475 00:20:27,182 --> 00:20:29,445 - You lied about being with Judge Raymer 476 00:20:29,489 --> 00:20:32,318 at his place on the night Rachel was killed. 477 00:20:34,145 --> 00:20:37,323 Did you know they were dating? 478 00:20:37,366 --> 00:20:39,150 - I suspected. 479 00:20:39,194 --> 00:20:42,502 She came by the chambers a lot. 480 00:20:42,545 --> 00:20:45,853 And then last week, I heard raised voices. 481 00:20:46,984 --> 00:20:50,074 She dumped him. 482 00:20:50,118 --> 00:20:53,034 - And where did you drop him that night? 483 00:20:54,122 --> 00:20:56,037 - Public defender's office. 484 00:20:57,821 --> 00:20:59,040 - Why? 485 00:20:59,083 --> 00:21:01,999 - Because he said he had business. 486 00:21:02,043 --> 00:21:05,307 I know he had a contentious divorce, right? 487 00:21:05,351 --> 00:21:08,223 But he would never hurt Rachel, OK? 488 00:21:08,267 --> 00:21:09,877 That's not who he is. 489 00:21:18,451 --> 00:21:18,842 . 490 00:21:18,886 --> 00:21:20,844 - I already spoke to the detectives. 491 00:21:20,888 --> 00:21:24,152 My ex-husband is a powerful man. 492 00:21:24,195 --> 00:21:27,155 I'm not comfortable saying anything else about him. 493 00:21:27,198 --> 00:21:30,332 - Respectfully, Ms. Raymer, he's on trial for murder. 494 00:21:30,376 --> 00:21:34,162 Your comfort is not our chief concern. 495 00:21:34,205 --> 00:21:37,121 - You filed a restraining order against him. 496 00:21:37,165 --> 00:21:40,299 Why don't you tell us what your ex-husband did? 497 00:21:42,388 --> 00:21:47,131 - What he did was stalk me after I moved out. 498 00:21:47,175 --> 00:21:48,219 Hit me. 499 00:21:49,395 --> 00:21:52,615 Said if I left him, he would kill me. 500 00:21:53,747 --> 00:21:56,402 - Well, then why did you decide not to pursue charges? 501 00:21:56,445 --> 00:21:57,577 - He's a judge. 502 00:21:57,620 --> 00:21:59,970 It would have been my word against his. 503 00:22:00,014 --> 00:22:03,409 Plus, there's no alimony if your ex is behind bars. 504 00:22:03,452 --> 00:22:05,454 If I testify against him-- 505 00:22:05,498 --> 00:22:09,850 - Ms. Raymer, a woman is dead. 506 00:22:09,893 --> 00:22:11,765 And he has to be held responsible. 507 00:22:11,808 --> 00:22:14,376 So we are gonna subpoena you. 508 00:22:14,420 --> 00:22:16,291 And if you won't testify, 509 00:22:16,335 --> 00:22:18,554 I will seek to hold you in contempt. 510 00:22:18,598 --> 00:22:19,903 Do you understand? 511 00:22:25,605 --> 00:22:27,084 - Mr. Price is attempting 512 00:22:27,128 --> 00:22:29,913 to introduce Ms. Raymer's testimony as a prior bad act. 513 00:22:29,957 --> 00:22:31,393 - Goes to pattern, Your Honor. 514 00:22:31,437 --> 00:22:32,873 - There is no pattern. 515 00:22:32,916 --> 00:22:35,832 Ms. Raymer is not dead. - Judge, please. 516 00:22:35,876 --> 00:22:37,617 - Can we call this for what it is: 517 00:22:37,660 --> 00:22:41,055 a shameless ploy to poison the jury against my client 518 00:22:41,098 --> 00:22:43,100 to cover for the prosecution's lack of evidence? 519 00:22:43,144 --> 00:22:45,233 - The defendant's penchant for stalking women 520 00:22:45,276 --> 00:22:47,409 and committing acts of violence is highly relevant 521 00:22:47,453 --> 00:22:49,063 to this trial. - Enough. 522 00:22:49,106 --> 00:22:51,544 The probative value of the testimony sought here 523 00:22:51,587 --> 00:22:55,025 is clearly outweighed by its prejudicial impact. 524 00:22:55,069 --> 00:22:56,418 I'm precluding it. 525 00:22:56,462 --> 00:22:59,160 Anything else, Mr. Price? 526 00:23:00,683 --> 00:23:05,906 Mr. Price, do you mind telling me what you're staring at? 527 00:23:05,949 --> 00:23:09,126 - A photo of you and the defendant. 528 00:23:09,170 --> 00:23:10,824 - Yes. We went to Harvard together. 529 00:23:10,867 --> 00:23:12,129 - I knew that. 530 00:23:12,173 --> 00:23:16,482 I just didn't realize how close you were. 531 00:23:16,525 --> 00:23:20,573 - Is there something you'd like to say, Counselor? 532 00:23:20,616 --> 00:23:23,314 - Yes, respectfully, 533 00:23:23,358 --> 00:23:25,926 the victim's family and the press 534 00:23:25,969 --> 00:23:28,450 could misconstrue 535 00:23:28,494 --> 00:23:31,192 your relationship with the defendant. 536 00:23:31,235 --> 00:23:33,324 And the people have no choice 537 00:23:33,368 --> 00:23:37,590 but to move for your immediate recusal in this matter. 538 00:23:37,633 --> 00:23:38,982 - We oppose. 539 00:23:39,026 --> 00:23:41,245 This is a bald-faced attempt at judge-shopping. 540 00:23:41,289 --> 00:23:43,204 - No, it's worse than that. 541 00:23:43,247 --> 00:23:47,077 It's an unfounded attack on the integrity of my courtroom. 542 00:23:47,121 --> 00:23:48,992 And I won't stand for it. 543 00:23:49,036 --> 00:23:50,167 Motion denied. 544 00:23:50,211 --> 00:23:52,953 - Judge Benning-- - Denied. 545 00:23:52,996 --> 00:23:55,477 Openings tomorrow, 9:00 a.m. 546 00:23:55,521 --> 00:23:57,479 Goodbye, Mr. Price. 547 00:23:57,523 --> 00:24:00,047 - Thank you, Judge. - Thank you, Judge. 548 00:24:04,399 --> 00:24:09,535 - Judges have an immense amount of power in the courtroom. 549 00:24:09,578 --> 00:24:12,581 Outside of the courtroom, that power is circumscribed, 550 00:24:12,625 --> 00:24:15,497 like it is for every one of us. 551 00:24:15,541 --> 00:24:18,413 This is a story 552 00:24:18,457 --> 00:24:23,331 of a judge who would not accept those limits. 553 00:24:23,374 --> 00:24:26,290 The evidence will show that the victim 554 00:24:26,334 --> 00:24:29,032 ended her relationship with the defendant, 555 00:24:29,076 --> 00:24:32,253 rejected his desperate attempt to reconcile, 556 00:24:32,296 --> 00:24:37,388 and so, he hunted her down and stabbed her to death 557 00:24:37,432 --> 00:24:43,960 in a brutal and deranged exercise of power 558 00:24:44,004 --> 00:24:47,311 and one he has to answer for. 559 00:24:48,661 --> 00:24:52,273 - This case is about power-- 560 00:24:52,316 --> 00:24:55,406 the prosecution's abuse of it. 561 00:24:55,450 --> 00:24:58,148 Because Mr. Price is twisting a simple breakup 562 00:24:58,192 --> 00:25:00,542 into a fantasy of murder. 563 00:25:00,586 --> 00:25:02,979 Why do this on what will become clear 564 00:25:03,023 --> 00:25:05,721 is a flimsy evidentiary foundation 565 00:25:05,765 --> 00:25:08,550 to eliminate an enemy-- 566 00:25:08,594 --> 00:25:10,509 Mr. Price's enemy? 567 00:25:10,552 --> 00:25:13,337 Because Mr. Price has been on the wrong end 568 00:25:13,381 --> 00:25:16,210 of Judge Raymer's rulings over and over. 569 00:25:16,253 --> 00:25:18,473 - Objection. Foundation. Move to strike. 570 00:25:18,517 --> 00:25:21,171 - Overruled. Sit down, Mr. Price. 571 00:25:21,215 --> 00:25:23,565 And don't interrupt again. 572 00:25:23,609 --> 00:25:26,916 - At the end of the prosecution's so-called case, 573 00:25:26,960 --> 00:25:29,179 I will ask you to send a message: 574 00:25:29,223 --> 00:25:31,573 that the judiciary is independent 575 00:25:31,617 --> 00:25:33,227 and can't be intimidated. 576 00:25:33,270 --> 00:25:36,578 I will ask you to acquit Judge Raymer 577 00:25:36,622 --> 00:25:39,450 of this baseless charge. 578 00:25:42,062 --> 00:25:45,631 - I manufactured the case to eliminate an enemy? 579 00:25:45,674 --> 00:25:49,330 It's offensive on its face and sanctionable. 580 00:25:49,373 --> 00:25:51,985 - So then there's no truth to Strawn's contention 581 00:25:52,028 --> 00:25:53,552 that you've been on the losing side 582 00:25:53,595 --> 00:25:55,902 of a majority of Raymer's rulings? 583 00:25:55,945 --> 00:25:57,512 - Well, of course there is, 584 00:25:57,556 --> 00:26:00,384 like every other prosecutor in the building. 585 00:26:00,428 --> 00:26:03,039 Raymer is notoriously pro-defense. 586 00:26:03,083 --> 00:26:04,737 - Then the defendant is entitled 587 00:26:04,780 --> 00:26:08,610 to make the argument that Raymer's bias stoked yours. 588 00:26:08,654 --> 00:26:12,614 Speaking of Benning's bias, if you'd asked me, 589 00:26:12,658 --> 00:26:16,400 I would have argued against that motion to recuse. 590 00:26:16,444 --> 00:26:18,707 - He's compromised, Jack, and his prejudice 591 00:26:18,751 --> 00:26:21,318 will manifest itself in ways big and small 592 00:26:21,362 --> 00:26:23,494 throughout the trial, even if it's unconscious. 593 00:26:23,538 --> 00:26:27,150 - Maybe, but you're seasoned enough 594 00:26:27,194 --> 00:26:30,066 to know that any judge who admits to being partial 595 00:26:30,110 --> 00:26:32,460 is acknowledging his failings. 596 00:26:32,503 --> 00:26:34,462 Your motion didn't stand a chance. 597 00:26:34,505 --> 00:26:37,944 All it did was infuriate him. 598 00:26:37,987 --> 00:26:41,208 - Defense counsel suggested I'm framing his client. 599 00:26:41,251 --> 00:26:43,645 The trial judge is pals with the defendant. 600 00:26:43,689 --> 00:26:47,649 I think I was expecting you to share in a bit of my outrage. 601 00:26:47,693 --> 00:26:50,652 - Our outrage isn't gonna convince the jury of anything. 602 00:26:50,696 --> 00:26:52,480 Feeding them evidence is. 603 00:26:52,523 --> 00:26:55,048 I suggest you focus your energies on that. 604 00:27:02,403 --> 00:27:02,621 . 605 00:27:02,664 --> 00:27:04,884 - At some point, Mr. Minter, did you become aware 606 00:27:04,927 --> 00:27:06,146 that the defendant and Ms. Bender 607 00:27:06,189 --> 00:27:09,062 were engaged in a relationship? - Yes. 608 00:27:09,105 --> 00:27:10,977 - When did you become aware of that? 609 00:27:11,020 --> 00:27:13,109 - When I overheard them talking in chambers. 610 00:27:13,153 --> 00:27:15,764 - And what was the substance of their conversation? 611 00:27:15,808 --> 00:27:18,506 - It was about... 612 00:27:18,549 --> 00:27:19,899 the relationship. 613 00:27:19,942 --> 00:27:21,683 - Mm-hmm. 614 00:27:21,727 --> 00:27:24,817 Do you recall overhearing that Miss Bender wanted 615 00:27:24,860 --> 00:27:26,862 to end that relationship? 616 00:27:30,431 --> 00:27:33,564 - I don't remember overhearing that. 617 00:27:35,088 --> 00:27:38,395 - What do you remember overhearing? 618 00:27:38,439 --> 00:27:39,614 - Not much. 619 00:27:39,658 --> 00:27:41,181 The walls are thick. 620 00:27:41,224 --> 00:27:42,661 - Well, which is it, Mr. Minter? 621 00:27:42,704 --> 00:27:44,663 You don't remember the victim telling the defendant 622 00:27:44,706 --> 00:27:48,014 she wanted to break up, or you couldn't hear the victim 623 00:27:48,057 --> 00:27:50,016 telling the defendant she wanted to break up? 624 00:27:50,059 --> 00:27:52,671 - Both, I guess. 625 00:27:55,238 --> 00:27:58,633 - Did you or did you not inform me 626 00:27:58,677 --> 00:28:01,592 that you heard the victim break up with the defendant? 627 00:28:01,636 --> 00:28:04,073 - I said no such thing. 628 00:28:06,206 --> 00:28:07,903 - All right. Let's move on. 629 00:28:09,600 --> 00:28:13,082 Did you drop the defendant off outside Ms. Bender's office 630 00:28:13,126 --> 00:28:16,651 shortly before she was stabbed to death? 631 00:28:16,695 --> 00:28:18,392 - No, I dropped him off at his apartment 632 00:28:18,435 --> 00:28:20,263 and worked on a case with him for three hours. 633 00:28:20,307 --> 00:28:23,484 - You told me you dropped the defendant off 634 00:28:23,527 --> 00:28:25,399 outside Ms. Bender's place of work 635 00:28:25,442 --> 00:28:27,749 shortly before she was killed, correct? 636 00:28:27,793 --> 00:28:29,359 - I don't recall. 637 00:28:29,403 --> 00:28:31,492 - Mr. Minter, did you discuss your testimony 638 00:28:31,535 --> 00:28:34,060 with the defendant in advance of your appearance here today? 639 00:28:34,103 --> 00:28:35,409 - No. - Yet suddenly, 640 00:28:35,452 --> 00:28:37,890 you are contradicting everything you told me? 641 00:28:37,933 --> 00:28:39,021 - That's not true. - All right. 642 00:28:39,065 --> 00:28:40,370 Will the court please remind Mr. Minter 643 00:28:40,414 --> 00:28:43,069 that he is testifying under penalty of perjury? 644 00:28:43,112 --> 00:28:44,418 - Objection. 645 00:28:44,461 --> 00:28:46,637 Asked and answered. Badgering. 646 00:28:46,681 --> 00:28:49,292 If the prosecution doesn't like Mr. Minter's testimony, 647 00:28:49,336 --> 00:28:51,381 they shouldn't have called him. - Sustained. 648 00:28:51,425 --> 00:28:54,080 The witness' testimony is clear. 649 00:28:54,123 --> 00:28:55,777 You're done here, Mr. Price. 650 00:28:55,821 --> 00:28:58,171 Your witness, Mr. Strawn. 651 00:28:58,214 --> 00:29:01,435 - We have nothing, Judge Benning. 652 00:29:09,965 --> 00:29:11,619 - You were right. 653 00:29:11,662 --> 00:29:13,926 Raymer clearly had a chat with Minter. 654 00:29:13,969 --> 00:29:15,449 Called him early this morning. 655 00:29:15,492 --> 00:29:18,234 Conversation lasted an hour and a half. 656 00:29:18,278 --> 00:29:19,975 - Kid's always been shaky. 657 00:29:20,019 --> 00:29:21,803 - Well, we can open a perjury investigation. 658 00:29:21,847 --> 00:29:24,197 - No, there's no point. We couldn't prove it. 659 00:29:24,240 --> 00:29:26,155 And even if we could, he's been completely burned 660 00:29:26,199 --> 00:29:27,722 as a witness. [knocks at door] 661 00:29:27,766 --> 00:29:30,420 - Nolan Price? - Yes. 662 00:29:31,987 --> 00:29:33,989 Thank you. 663 00:29:35,948 --> 00:29:37,123 - What's that? 664 00:29:38,472 --> 00:29:41,997 - It's a subpoena for my testimony. 665 00:29:44,217 --> 00:29:45,784 - I discovered the victim's body. 666 00:29:45,827 --> 00:29:47,960 The defense is entitled to inquire about that 667 00:29:48,003 --> 00:29:49,178 and nothing else. 668 00:29:49,222 --> 00:29:50,745 - Says Mr. Price. 669 00:29:50,789 --> 00:29:52,094 We're entitled to inquire 670 00:29:52,138 --> 00:29:54,183 about his private conversation with Mr. Minter. 671 00:29:54,227 --> 00:29:55,837 - It's called interviewing a witness. 672 00:29:55,881 --> 00:29:57,665 - Yes, with no one else present 673 00:29:57,708 --> 00:29:59,885 and referencing that conversation repeatedly 674 00:29:59,928 --> 00:30:01,625 during Mr. Minter's questioning. 675 00:30:01,669 --> 00:30:03,453 - You could have objected to those references. 676 00:30:03,497 --> 00:30:04,541 You did not. 677 00:30:04,585 --> 00:30:06,674 - But it's part of the record now, 678 00:30:06,717 --> 00:30:08,589 making you a party to a conversation 679 00:30:08,632 --> 00:30:10,765 that is central to the outcome of this case, 680 00:30:10,809 --> 00:30:12,593 whether you like it or not. - Your Honor-- 681 00:30:12,636 --> 00:30:14,334 - As someone who is so concerned 682 00:30:14,377 --> 00:30:16,205 with the appearance of impropriety, 683 00:30:16,249 --> 00:30:17,816 Mr. Price, you, of all people, 684 00:30:17,859 --> 00:30:20,514 should know that it would be highly improper of me 685 00:30:20,557 --> 00:30:22,298 to deprive the defense the opportunity 686 00:30:22,342 --> 00:30:25,301 to impeach your testimony. 687 00:30:25,345 --> 00:30:27,564 Mr. Price will take the stand. 688 00:30:32,047 --> 00:30:35,224 - Mr. Price, how often have you appeared before Judge Raymer? 689 00:30:35,268 --> 00:30:37,009 - Perhaps a half dozen times. 690 00:30:37,052 --> 00:30:38,837 - Eight, actually. 691 00:30:38,880 --> 00:30:41,143 And you've lost three of those cases, right? 692 00:30:41,187 --> 00:30:44,190 - Yes, but they were jury verdicts. 693 00:30:44,233 --> 00:30:45,539 - Each of which involved 694 00:30:45,582 --> 00:30:48,585 numerous motions crucial to the case's outcome-- 695 00:30:48,629 --> 00:30:49,891 motions you lost. 696 00:30:49,935 --> 00:30:51,284 - Objection. Relevance. 697 00:30:51,327 --> 00:30:52,894 - Make your point, Mr. Strawn. 698 00:30:52,938 --> 00:30:56,245 - You dislike appearing before Judge Raymer. 699 00:30:56,289 --> 00:31:00,902 - No, I have no animus towards Judge Raymer as a judge. 700 00:31:00,946 --> 00:31:04,732 I do, however, despise him for the heinous act 701 00:31:04,775 --> 00:31:06,777 the evidence establishes he committed. 702 00:31:06,821 --> 00:31:09,476 - You and the victim, Rachel Bender, 703 00:31:09,519 --> 00:31:11,521 were colleagues at the public defender's office 704 00:31:11,565 --> 00:31:13,915 for three years. - Yes. 705 00:31:13,959 --> 00:31:15,090 - At the time of her death, 706 00:31:15,134 --> 00:31:16,700 were you two romantically involved? 707 00:31:16,744 --> 00:31:18,398 - No. - Objection. Relevance. 708 00:31:18,441 --> 00:31:19,921 - A little latitude, Judge. 709 00:31:19,965 --> 00:31:22,228 - I'll allow it. 710 00:31:22,271 --> 00:31:24,926 - I'd like to offer the following photo 711 00:31:24,970 --> 00:31:27,624 as defense exhibit 34. 712 00:31:35,850 --> 00:31:37,373 - Judge, may we approach? 713 00:31:42,335 --> 00:31:44,598 Mr. Price's past relationship with the victim 714 00:31:44,641 --> 00:31:47,122 has absolutely nothing to do with this case. 715 00:31:47,166 --> 00:31:48,384 - But it has everything to do 716 00:31:48,428 --> 00:31:50,604 with his decision to bring this case. 717 00:31:50,647 --> 00:31:52,693 Mr. Price's relationship with Ms. Bender 718 00:31:52,736 --> 00:31:55,391 establishes prosecutorial overreach and bias. 719 00:31:55,435 --> 00:31:56,958 - I'll allow it. Step back. 720 00:31:57,002 --> 00:32:00,179 - Judge-- - Ms. Maroun, step back. 721 00:32:00,222 --> 00:32:03,399 Mark it as defense exhibit 34. 722 00:32:03,443 --> 00:32:04,835 You can put it up. 723 00:32:08,404 --> 00:32:11,668 - Mr. Price, can you tell us what this photo depicts? 724 00:32:11,712 --> 00:32:13,366 - It's an office holiday party. 725 00:32:13,409 --> 00:32:15,846 I think it was 2012. 726 00:32:15,890 --> 00:32:19,633 - It's a photo of you kissing Rachel Bender, right? 727 00:32:19,676 --> 00:32:20,721 - That's correct. 728 00:32:20,764 --> 00:32:22,679 - So let me rephrase my question. 729 00:32:22,723 --> 00:32:26,205 Did you ever have a romantic relationship with Ms. Bender? 730 00:32:26,248 --> 00:32:28,207 - A brief one. Decade ago. 731 00:32:28,250 --> 00:32:30,035 - But you still loved her, correct? 732 00:32:30,078 --> 00:32:33,995 - No, I was never in love with her. 733 00:32:34,039 --> 00:32:36,563 - And you hated the fact Judge Raymer was dating her. 734 00:32:36,606 --> 00:32:38,130 - Objection. This is preposterous. 735 00:32:38,173 --> 00:32:39,740 - Overruled. 736 00:32:39,783 --> 00:32:42,525 - There were no witnesses to Ms. Bender's killing, correct? 737 00:32:42,569 --> 00:32:44,179 - None that we've located. 738 00:32:44,223 --> 00:32:45,746 - But you're the one that found the body. 739 00:32:45,789 --> 00:32:50,533 Your fingerprints were on her driver's license. 740 00:32:50,577 --> 00:32:51,665 How do we know you didn't kill her? 741 00:32:51,708 --> 00:32:53,014 - Objection. - How do we know 742 00:32:53,058 --> 00:32:55,147 this entire trial isn't a frame job 743 00:32:55,190 --> 00:32:56,800 by a jealous man who killed the lover 744 00:32:56,844 --> 00:32:58,846 he was still obsessed with? - Judge, please. 745 00:32:58,889 --> 00:33:00,717 - And the man you're framing was also ruling against you 746 00:33:00,761 --> 00:33:02,197 in case after case-- a two-for-one deal, right? 747 00:33:02,241 --> 00:33:03,372 - Objection. 748 00:33:03,416 --> 00:33:06,288 - Sustained. Enough, Mr. Strawn. 749 00:33:06,332 --> 00:33:07,942 - Nothing further. 750 00:33:07,986 --> 00:33:11,119 [tense music] 751 00:33:11,163 --> 00:33:15,558 ♪ 752 00:33:20,781 --> 00:33:21,129 . 753 00:33:21,173 --> 00:33:23,697 - You think it might have dawned on you 754 00:33:23,740 --> 00:33:25,351 to inform co-counsel the victim was an ex-girlfriend? 755 00:33:25,394 --> 00:33:29,442 - It was a casual thing, Sam. It was more than a decade ago. 756 00:33:29,485 --> 00:33:32,619 - You went after Benning because he's Raymer's friend. 757 00:33:32,662 --> 00:33:34,621 You are just as compromised as he is. 758 00:33:34,664 --> 00:33:39,104 - Look, I am sorry I didn't bring you into the loop, 759 00:33:39,147 --> 00:33:41,584 but it was irrelevant. 760 00:33:41,628 --> 00:33:45,849 - Well, that may be true, but we're on life support. 761 00:33:45,893 --> 00:33:47,938 I mean, the jury may not believe 762 00:33:47,982 --> 00:33:49,114 you framed Raymer for the murder, 763 00:33:49,157 --> 00:33:51,333 but they could believe you overreached, 764 00:33:51,377 --> 00:33:54,641 that you are not seeing things clearly. 765 00:33:54,684 --> 00:33:56,121 We need more evidence. 766 00:33:56,164 --> 00:33:57,687 - I agree. 767 00:34:00,995 --> 00:34:03,911 Maybe we take another run at Tyler Minter. 768 00:34:03,954 --> 00:34:05,434 - His testimony is useless. 769 00:34:05,478 --> 00:34:07,001 You said it yourself. - I know. 770 00:34:07,045 --> 00:34:11,397 But he seems to know more about Raymer than anybody else. 771 00:34:20,319 --> 00:34:21,407 - I'm not talking. 772 00:34:21,449 --> 00:34:22,973 I believe in Judge Raymer's innocence. 773 00:34:23,016 --> 00:34:24,583 He's gonna be acquitted, and he'll be back on the bench 774 00:34:24,627 --> 00:34:26,672 in a week. - I understand the sentiment. 775 00:34:26,716 --> 00:34:31,721 But you will have to pay a price for it. 776 00:34:31,764 --> 00:34:33,201 - Excuse me? 777 00:34:33,245 --> 00:34:34,855 - You're still relatively new to the legal profession, 778 00:34:34,898 --> 00:34:35,943 so let me educate you. 779 00:34:35,985 --> 00:34:37,771 This is a murder trial, 780 00:34:37,813 --> 00:34:41,992 and you lied on the stand. 781 00:34:42,036 --> 00:34:44,038 I can't allow that to go unchecked. 782 00:34:44,081 --> 00:34:48,998 - Y-you're gonna indict me? 783 00:34:49,043 --> 00:34:51,001 You'll never prove it. 784 00:34:51,045 --> 00:34:53,786 - Maybe. 785 00:34:53,830 --> 00:34:58,139 But are you really willing to take that risk? 786 00:34:58,183 --> 00:35:01,055 - Tyler, if you don't talk to us, 787 00:35:01,099 --> 00:35:03,405 you're gonna force our hand. 788 00:35:07,192 --> 00:35:09,368 - [sighs] 789 00:35:12,110 --> 00:35:14,677 - You told me you didn't know 790 00:35:14,721 --> 00:35:16,418 why Judge Raymer wanted to be dropped off 791 00:35:16,462 --> 00:35:17,724 at the public defender's office 792 00:35:17,767 --> 00:35:21,423 on the day that Rachel was killed. 793 00:35:21,467 --> 00:35:23,295 That's not true, is it? 794 00:35:28,430 --> 00:35:30,171 - The judge... [distant chatter] 795 00:35:33,174 --> 00:35:34,828 He bought a diamond ring. 796 00:35:34,871 --> 00:35:37,309 He was gonna propose to her in Dewey Park. 797 00:35:37,352 --> 00:35:40,747 It's a block from the public defender's office. 798 00:35:40,790 --> 00:35:44,620 It's where they had their first date. 799 00:35:44,664 --> 00:35:45,839 Can I go? 800 00:35:52,889 --> 00:35:55,457 - So we got the proposal. 801 00:35:55,501 --> 00:35:57,459 - Problem is what comes next. 802 00:35:57,503 --> 00:36:00,723 The street vendor stops his cart right in front of them. 803 00:36:00,767 --> 00:36:02,160 Obstructs the view. 804 00:36:05,598 --> 00:36:07,817 - By the time the cart moves again, 805 00:36:07,861 --> 00:36:09,776 Raymer is storming off. 806 00:36:09,819 --> 00:36:13,127 - So Raymer thinks he can get her back by proposing to her. 807 00:36:13,171 --> 00:36:14,694 She turns him down flat. 808 00:36:14,737 --> 00:36:16,261 - He stews over it. 809 00:36:16,304 --> 00:36:18,872 An hour later, she's dead two blocks away. 810 00:36:18,915 --> 00:36:21,614 - But there is a guy standing right behind him. 811 00:36:21,657 --> 00:36:23,442 He had to have seen the whole thing. 812 00:36:23,485 --> 00:36:25,748 - Yeah, maybe he can provide some context 813 00:36:25,792 --> 00:36:27,446 and fill in some of the gaps for the jury. 814 00:36:27,489 --> 00:36:28,882 - Can you zoom in on his jacket? 815 00:36:34,931 --> 00:36:37,456 - Yeah, I was on my break having a smoke. 816 00:36:37,499 --> 00:36:38,935 Saw the guy flame out. 817 00:36:38,979 --> 00:36:41,416 - Can you run through what you saw, Drew? 818 00:36:41,460 --> 00:36:44,071 - It was pretty quick. He got down on one knee. 819 00:36:44,114 --> 00:36:46,247 She said, sorry, but it was over. 820 00:36:46,291 --> 00:36:48,249 He gets up. Starts screaming at her. 821 00:36:48,293 --> 00:36:49,642 - Anything else? 822 00:36:49,685 --> 00:36:52,079 - Yeah, the last thing he said stuck with me. 823 00:36:52,122 --> 00:36:53,907 He said she would be sorry. 824 00:36:53,950 --> 00:36:55,778 Told her he was gonna get her. 825 00:36:57,258 --> 00:36:59,173 - I appreciate you, brother. 826 00:36:59,217 --> 00:37:01,480 We'll be in touch. - Sure thing. 827 00:37:01,523 --> 00:37:05,310 Yo, the guy was a real prick. - Mm. 828 00:37:07,529 --> 00:37:10,576 - How's the doorman's trial prep going? 829 00:37:10,619 --> 00:37:13,187 - Afraid we've hit a snag. 830 00:37:13,231 --> 00:37:14,319 - What do you mean? 831 00:37:14,362 --> 00:37:15,711 - He's got a prior conviction 832 00:37:15,755 --> 00:37:18,192 for harassing an ex-girlfriend. 833 00:37:18,236 --> 00:37:20,281 Pled guilty in 2015. 834 00:37:20,325 --> 00:37:22,936 The defense could spin this to its advantage 835 00:37:22,979 --> 00:37:25,852 and turn him into an obsessive predator 836 00:37:25,895 --> 00:37:27,767 who met the victim right before she was murdered. 837 00:37:27,810 --> 00:37:31,031 Make it look like he's the killer. 838 00:37:31,074 --> 00:37:33,512 - [sighs] 839 00:37:33,555 --> 00:37:35,601 Not if we don't use him. 840 00:37:35,644 --> 00:37:38,952 Look, the Java Bliss barista. 841 00:37:38,995 --> 00:37:41,302 Plus, we have the cut on Raymer's right palm 842 00:37:41,346 --> 00:37:42,695 and his shoes at the crime scene. 843 00:37:42,738 --> 00:37:44,000 And the jury will put it together. 844 00:37:44,044 --> 00:37:46,655 - But we still have to turn over information 845 00:37:46,699 --> 00:37:48,222 about Drew to the defense. 846 00:37:48,266 --> 00:37:50,790 - It's not our job to present alternative theories 847 00:37:50,833 --> 00:37:51,965 to the defense. 848 00:37:52,008 --> 00:37:54,446 - No, but it is our job 849 00:37:54,489 --> 00:37:56,317 to turn over exculpatory evidence. 850 00:37:56,361 --> 00:37:59,320 - You really think that there is a reasonable probability 851 00:37:59,364 --> 00:38:02,715 that this information would result in a different verdict? 852 00:38:02,758 --> 00:38:06,588 - Is that opinion based on your legal interpretation 853 00:38:06,632 --> 00:38:11,027 or your desire to get justice for your friend? 854 00:38:11,071 --> 00:38:12,115 - Both. 855 00:38:12,159 --> 00:38:13,247 - Well, what would you say 856 00:38:13,291 --> 00:38:14,814 if you were still a defense attorney? 857 00:38:18,078 --> 00:38:21,211 - It doesn't matter. 858 00:38:21,255 --> 00:38:22,691 I'm a prosecutor. 859 00:38:27,305 --> 00:38:31,526 It's my call, Sam. 860 00:38:31,570 --> 00:38:34,747 [tense music] 861 00:38:34,790 --> 00:38:41,710 ♪ 862 00:38:46,019 --> 00:38:47,716 - Thank you, Hannah. 863 00:38:55,202 --> 00:38:56,812 Any word on the jury? 864 00:38:56,856 --> 00:38:59,989 - No. It's been two days, so... 865 00:39:00,033 --> 00:39:02,514 - I just hope your passion for the victim 866 00:39:02,557 --> 00:39:05,952 doesn't cloud their assessment of the facts. 867 00:39:05,995 --> 00:39:09,259 - I did what I thought was right for the case 868 00:39:09,303 --> 00:39:11,610 and for Rachel's family. 869 00:39:11,653 --> 00:39:13,960 - Winning the case is what's right. 870 00:39:14,003 --> 00:39:18,138 And we have 20 other homicide prosecutors here 871 00:39:18,181 --> 00:39:19,139 who could have handled-- 872 00:39:19,182 --> 00:39:20,880 - But I'm the best. 873 00:39:20,923 --> 00:39:23,099 And you know it. 874 00:39:23,143 --> 00:39:26,407 - What you are is compromised. 875 00:39:26,451 --> 00:39:31,020 If I had known you found the victim's body 876 00:39:31,064 --> 00:39:32,631 and you slept with her, 877 00:39:32,674 --> 00:39:35,982 I wouldn't have let you within a time zone of this! 878 00:39:36,025 --> 00:39:37,810 - I took this on because 879 00:39:37,853 --> 00:39:41,944 I thought I could maximize the chance of a conviction. 880 00:39:41,988 --> 00:39:46,384 - Because you cared so deeply for the victim. 881 00:39:46,427 --> 00:39:47,907 - Correct. 882 00:39:47,950 --> 00:39:50,213 - I rest my case. 883 00:39:50,257 --> 00:39:52,520 [phone chimes, buzzes] 884 00:39:54,870 --> 00:39:56,437 - Jury's back. 885 00:39:56,481 --> 00:40:03,618 ♪ 886 00:40:08,493 --> 00:40:10,495 - Counsel, please rise. 887 00:40:13,585 --> 00:40:15,108 Madam foreperson, 888 00:40:15,151 --> 00:40:17,806 in the matter of the people versus Ephraim Raymer, 889 00:40:17,850 --> 00:40:19,460 has the jury reached a verdict? 890 00:40:19,504 --> 00:40:21,027 - We have, Your Honor. 891 00:40:21,070 --> 00:40:23,159 - On the sole count of murder in the second degree, 892 00:40:23,203 --> 00:40:24,596 how do you find? 893 00:40:24,639 --> 00:40:27,947 - We find the defendant guilty. 894 00:40:27,990 --> 00:40:30,602 [crowd murmuring] 895 00:40:30,645 --> 00:40:32,081 - Ladies and gentlemen of the jury, 896 00:40:32,125 --> 00:40:33,169 thank you for your service. 897 00:40:33,213 --> 00:40:36,085 Court is adjourned. [gavel slams] 898 00:40:48,533 --> 00:40:51,187 - Nice work, Sam. 899 00:40:51,231 --> 00:40:54,234 - We did what we had to do. 900 00:40:54,277 --> 00:40:57,367 Just hope your friend, Rachel, wasn't looking down. 901 00:40:57,411 --> 00:41:04,462 ♪ 902 00:41:21,261 --> 00:41:21,609 . 903 00:41:21,653 --> 00:41:24,438 [dramatic music] 904 00:41:24,482 --> 00:41:31,576 ♪ 905 00:41:51,073 --> 00:41:53,989 [wolf howl]