1 00:00:01,363 --> 00:00:03,104 NARRATOR: In the criminal justice system 2 00:00:03,165 --> 00:00:07,045 the people are represented by two separate yet equally important groups, 3 00:00:07,102 --> 00:00:08,945 the police who investigate crime 4 00:00:09,004 --> 00:00:11,780 and the district attorneys who prosecute the offenders. 5 00:00:11,840 --> 00:00:13,616 These are their stories. 6 00:00:14,911 --> 00:00:16,584 You talk to Mr. M about the fridge? 7 00:00:16,646 --> 00:00:18,853 He says we can take it when we're through today. 8 00:00:18,915 --> 00:00:21,623 Freddie's cousin's coming with his truck later. 9 00:00:21,684 --> 00:00:22,890 What about the AC? 10 00:00:22,952 --> 00:00:24,056 It's staying. 11 00:00:24,120 --> 00:00:25,531 Yeah, that figures. 12 00:00:25,588 --> 00:00:28,194 Yeah, it probably doesn't work anyway. 13 00:00:30,293 --> 00:00:33,274 Oh, my God. Eddie! 14 00:00:36,866 --> 00:00:38,573 CSU OFFICER: Asian male, late 40s. 15 00:00:38,635 --> 00:00:40,205 Multiple blows to the face and head. 16 00:00:40,270 --> 00:00:43,480 Multiple blows? The back of his head's crushed in. 17 00:00:43,541 --> 00:00:44,815 How long's he been dead? 18 00:00:44,875 --> 00:00:47,219 Rough guess, since last night, but it's hard to tell. 19 00:00:47,278 --> 00:00:48,586 It rained yesterday. 20 00:00:48,646 --> 00:00:49,989 Body's been sitting in a puddle. 21 00:00:50,047 --> 00:00:51,390 Any ID? 22 00:00:51,449 --> 00:00:54,453 Just 30, 40 bucks cash. Small change. 23 00:00:54,518 --> 00:00:56,361 And two soggy restaurant receipts. 24 00:00:56,420 --> 00:00:58,229 Writing's smudged from the water. 25 00:00:58,289 --> 00:01:02,135 Let me see. Looks like Chinese. Maybe that's his bike. 26 00:01:02,526 --> 00:01:03,527 Who lives here? 27 00:01:03,594 --> 00:01:04,698 It's vacant. 28 00:01:04,762 --> 00:01:07,299 Guys that discovered him were the painters. 29 00:01:07,364 --> 00:01:09,140 And he was found covered like this with the blanket? 30 00:01:09,201 --> 00:01:10,771 Same blanket fibers were on the door frame, 31 00:01:10,836 --> 00:01:12,042 and there's some blood spatter. 32 00:01:12,104 --> 00:01:13,981 He was done here. 33 00:01:14,039 --> 00:01:18,385 All right, round up the super or the handyman, whatever, and close all of this off. 34 00:01:18,443 --> 00:01:21,049 Now, why would a guy make a delivery to an empty apartment? 35 00:01:21,113 --> 00:01:22,786 Maybe he got dragged down there. 36 00:01:22,848 --> 00:01:24,350 Or pushed down. 37 00:01:24,416 --> 00:01:26,919 I want you to check with all the local Chinese take-outs. 38 00:01:26,985 --> 00:01:28,862 See if we can find out who this guy was. 39 00:01:28,920 --> 00:01:30,593 ED: Hey, Lennie. 40 00:01:30,655 --> 00:01:34,000 He must've been locking up and got jumped before he could finish. 41 00:01:34,059 --> 00:01:36,040 Well, he's finished now. 42 00:02:27,881 --> 00:02:30,726 We were married over 20 years. 43 00:02:32,053 --> 00:02:34,465 Owned the restaurant almost 10. 44 00:02:34,522 --> 00:02:36,092 I'm very sorry, Mrs. Ngai. 45 00:02:36,157 --> 00:02:37,727 We'll try and keep this short. 46 00:02:37,792 --> 00:02:38,793 Thank you. 47 00:02:38,860 --> 00:02:41,807 We do have a few questions, if you don't mind. 48 00:02:43,097 --> 00:02:45,668 You didn't report your husband missing last night? 49 00:02:45,733 --> 00:02:48,179 I thought he was sleeping here. 50 00:02:48,236 --> 00:02:49,715 Has he done that before? 51 00:02:49,771 --> 00:02:51,045 Many times. 52 00:02:51,506 --> 00:02:54,112 On Saturday, we open early. 53 00:02:54,642 --> 00:02:57,954 I don't like him to drive home so late by himself. 54 00:02:58,747 --> 00:03:01,819 By himself. So you'd left already? 55 00:03:01,884 --> 00:03:04,490 We were slow. It was raining. 56 00:03:06,221 --> 00:03:07,291 My husband sent me home. 57 00:03:07,723 --> 00:03:09,498 What time was that? 58 00:03:09,558 --> 00:03:10,730 10:00. 59 00:03:11,160 --> 00:03:13,162 Who else was here after that? 60 00:03:13,229 --> 00:03:15,470 Oh, Jenny, my niece. 61 00:03:15,965 --> 00:03:19,003 She takes the orders. Works the register. 62 00:03:21,570 --> 00:03:25,781 When you left, was that the last time you spoke to your husband? 63 00:03:27,077 --> 00:03:32,425 He called about 11:00 to make sure I got home okay. 64 00:03:33,250 --> 00:03:34,888 Why didn't he go with you? 65 00:03:34,951 --> 00:03:38,865 My husband worked 15 hours a day, seven days a week. 66 00:03:41,625 --> 00:03:43,662 Tommy never liked to close. 67 00:03:45,595 --> 00:03:47,040 Thanks, Mrs. Ngai. 68 00:03:47,097 --> 00:03:50,045 My uncle sent me home around 11:30. 69 00:03:50,101 --> 00:03:52,547 This probably came in after I left. 70 00:03:52,770 --> 00:03:55,046 Uncle Tommy must have taken the orders himself. 71 00:03:55,106 --> 00:03:56,983 Well, what about some other record of the addresses? 72 00:03:57,041 --> 00:03:59,920 I always write them down on the ticket and on the receipt. 73 00:04:01,679 --> 00:04:03,681 But there's nothing here. 74 00:04:04,415 --> 00:04:06,656 Unis canvassed the building and the two buildings adjacent. 75 00:04:06,717 --> 00:04:08,958 Two people ordered Chinese, but from different restaurants. 76 00:04:09,020 --> 00:04:10,397 Both of 'em got their food. 77 00:04:10,454 --> 00:04:11,592 So where was he going? 78 00:04:11,656 --> 00:04:14,330 Well, we think it's a little coincidental that the vic gets killed 79 00:04:14,392 --> 00:04:17,135 below street level in front of an apartment that nobody lives in. 80 00:04:17,195 --> 00:04:20,039 Well, if that's true, the perp had to know the apartment was vacant. 81 00:04:20,098 --> 00:04:21,406 And had access to a phone. 82 00:04:21,466 --> 00:04:24,072 Which doesn't mean he actually lives in that area. 83 00:04:24,136 --> 00:04:28,209 Now, preliminary forensics on the blanket looks like the contents of a sewer. 84 00:04:28,273 --> 00:04:29,274 A homeless guy. 85 00:04:29,341 --> 00:04:32,982 Well, the area in front of that door might have made a nice little shelter. 86 00:04:33,045 --> 00:04:35,525 All right, pull the IUDs from any payphones nearby, 87 00:04:35,580 --> 00:04:36,991 and let's talk to the tenants again. 88 00:04:37,049 --> 00:04:40,155 See if anyone saw someone hanging out last night. 89 00:04:41,887 --> 00:04:42,922 Last night, no. 90 00:04:42,988 --> 00:04:45,367 But there's a guy who sleeps down there sometimes. 91 00:04:45,425 --> 00:04:47,905 I see him every once in a while on my way to work in the morning. 92 00:04:47,960 --> 00:04:49,132 How long has that been? 93 00:04:49,195 --> 00:04:51,539 Off and on, I'd say a couple of months. 94 00:04:51,597 --> 00:04:53,042 Did you get a good look at him? 95 00:04:53,099 --> 00:04:54,237 (SCOFFS) I never look. 96 00:04:54,300 --> 00:04:56,473 I mean, who wants to make eye contact? 97 00:04:56,536 --> 00:04:59,574 But I hear the tenant that used to live there had trouble with him. 98 00:04:59,639 --> 00:05:00,640 You know this tenant? 99 00:05:00,707 --> 00:05:02,311 No. Young kid. 100 00:05:02,375 --> 00:05:04,946 Nice enough. Quiet. Lived with his girlfriend. 101 00:05:05,278 --> 00:05:07,155 Any idea where they moved to? No. 102 00:05:07,213 --> 00:05:08,715 I'm sure the landlord can tell you. 103 00:05:08,781 --> 00:05:09,782 Thanks. 104 00:05:10,250 --> 00:05:12,196 Doorman makes all the difference, you know. 105 00:05:12,252 --> 00:05:13,560 I couldn't even get packages before. 106 00:05:13,620 --> 00:05:14,724 Had to go to the post office. 107 00:05:14,788 --> 00:05:16,324 What about this homeless guy? 108 00:05:16,390 --> 00:05:18,063 Late 50s, I think. White guy. 109 00:05:18,125 --> 00:05:20,469 We'd open the door to go to work and he'd just be there. 110 00:05:20,527 --> 00:05:21,562 ED: So you moved out? Mmm-hmm. 111 00:05:21,628 --> 00:05:22,834 We called the police a couple of times. 112 00:05:22,896 --> 00:05:23,966 They even got him to leave once. 113 00:05:24,031 --> 00:05:26,170 But a few days later he came back, and he was pissed. 114 00:05:26,233 --> 00:05:28,213 He threatened you? Just yelled a lot 115 00:05:28,268 --> 00:05:30,009 and went on about how he had fought for my freedom, 116 00:05:30,070 --> 00:05:31,743 and now I don't even let him sleep in my doorway. 117 00:05:31,805 --> 00:05:33,148 EMILY: It sort of freaked me out. 118 00:05:33,207 --> 00:05:35,050 We started looking for another place right away. 119 00:05:35,109 --> 00:05:37,351 Sounds like we lucked out, huh? 120 00:05:41,549 --> 00:05:44,291 We took 42 smudges. Twelve usable prints off the frame, 121 00:05:44,352 --> 00:05:46,696 22 off the door, three show up with sheets. 122 00:05:46,755 --> 00:05:47,790 Felonies. 123 00:05:47,856 --> 00:05:50,928 We got a witness who says our guy might have been in the armed forces. 124 00:05:50,992 --> 00:05:55,372 Yeah, so I ran the prints through the defense department's database. 125 00:05:55,430 --> 00:05:56,966 Your witness was right. 126 00:05:57,031 --> 00:05:58,840 "Marvin Warner, Sergeant. 127 00:05:59,100 --> 00:06:01,376 "Honorably discharged, May '76." (CELL PHONE RINGING) 128 00:06:01,436 --> 00:06:03,438 Two misdemeanor loitering charges. 129 00:06:03,505 --> 00:06:04,883 Sounds like our guy. 130 00:06:04,940 --> 00:06:06,112 Green. 131 00:06:07,009 --> 00:06:10,286 We're gonna need the photo from his last arrest. 132 00:06:11,514 --> 00:06:13,357 I'll get you a printout. 133 00:06:13,416 --> 00:06:15,362 Okay. Okay, thank you. 134 00:06:15,418 --> 00:06:17,091 Lennie, that was Mrs. Ngai. 135 00:06:17,153 --> 00:06:19,633 She said somebody called the restaurant on Friday about an order placed. 136 00:06:19,688 --> 00:06:22,931 He never got his food, and he wanted to make sure the girl that took the order 137 00:06:22,992 --> 00:06:25,370 didn't charge his credit card. 138 00:06:25,428 --> 00:06:26,930 Thanks. Thanks. 139 00:06:28,364 --> 00:06:30,640 ED: You told me you left at 11:30. 140 00:06:30,699 --> 00:06:32,077 I did. This man's wrong. 141 00:06:32,135 --> 00:06:34,240 He said you took his credit card number. 142 00:06:34,304 --> 00:06:38,116 Which means we're gonna get a validation from the credit card company and the time. 143 00:06:38,742 --> 00:06:42,053 So, if there's something you know, you should tell us. 144 00:06:42,879 --> 00:06:46,793 I'm sorry. It's my fault Uncle Tommy got killed. 145 00:06:47,684 --> 00:06:49,061 Uh, what do you mean? 146 00:06:49,119 --> 00:06:50,826 I'm supposed to take call-back numbers 147 00:06:50,887 --> 00:06:52,560 to make sure that the orders are real. 148 00:06:52,622 --> 00:06:55,296 But it was late. I forgot. 149 00:06:55,358 --> 00:06:57,338 How could you have known? 150 00:06:57,627 --> 00:07:00,074 You told me that you write the addresses down on the tickets. 151 00:07:00,131 --> 00:07:02,270 I put them in my coat pocket. 152 00:07:05,770 --> 00:07:07,249 I'm so sorry. 153 00:07:11,242 --> 00:07:15,782 "631 East 12th. 110 East 2nd Street, basement apartment." 154 00:07:17,248 --> 00:07:20,923 So whoever called in the order definitely knew about the apartment. 155 00:07:20,985 --> 00:07:22,658 Which doesn't eliminate the homeless guy. 156 00:07:22,720 --> 00:07:25,827 Yeah, but we got zip on the IUDs from the payphones, 157 00:07:25,891 --> 00:07:28,337 and the addresses from his priors are bogus. 158 00:07:28,393 --> 00:07:30,373 So what are we doing to find this guy? 159 00:07:30,429 --> 00:07:33,035 We got unis checking the parks and the shelters in the area. 160 00:07:33,098 --> 00:07:35,544 And his arrest photo's circulating the neighborhood. 161 00:07:35,601 --> 00:07:36,978 Well, he's a veteran, right? 162 00:07:37,035 --> 00:07:39,515 How about we check the VA hospital? 163 00:07:39,571 --> 00:07:41,608 ED: I'll check their outpatient lists. 164 00:07:46,245 --> 00:07:47,246 Yes? 165 00:07:47,312 --> 00:07:48,620 New York City police, ma'am. 166 00:07:48,680 --> 00:07:50,159 Is there a Marvin Warner living here? 167 00:07:50,215 --> 00:07:51,489 (BARKING) 168 00:07:55,488 --> 00:07:58,901 Marvin's my brother but he doesn't live here. 169 00:08:00,226 --> 00:08:02,365 (SIGHS) Is he in some sort of trouble? 170 00:08:02,428 --> 00:08:04,203 Well, we think he just might be able to help us 171 00:08:04,264 --> 00:08:05,834 with an investigation we're conducting. 172 00:08:05,899 --> 00:08:07,344 An investigation about what? 173 00:08:07,400 --> 00:08:09,778 We just need to ask him some questions, ma'am. 174 00:08:10,703 --> 00:08:12,774 I don't know where he is. Nobody's looking to hurt him. 175 00:08:12,839 --> 00:08:14,910 Yeah, well, how do I know that? 176 00:08:14,974 --> 00:08:16,419 (EXHALES) 177 00:08:16,476 --> 00:08:18,649 My brother has had a difficult life. 178 00:08:18,711 --> 00:08:20,157 Ma'am, I was in the service, too. 179 00:08:20,214 --> 00:08:22,922 I know the transition back can be very hard. 180 00:08:22,983 --> 00:08:26,157 But please, let us talk to him before he really does get hurt. 181 00:08:30,157 --> 00:08:31,932 If he's in the city, 182 00:08:32,326 --> 00:08:36,297 he likes to panhandle at a bodega on 9th and Avenue A. 183 00:08:37,398 --> 00:08:40,971 When our mother died a year ago, that's where I found him. 184 00:08:41,602 --> 00:08:45,243 Guy works 15 hours a day, winds up in a puddle in the rain. 185 00:08:45,306 --> 00:08:47,082 Hmm. He left his mark, though. 186 00:08:47,142 --> 00:08:49,850 Three kids. Business that supports two families. 187 00:08:49,911 --> 00:08:52,084 Hey, check it out. Here comes Sergeant Slaughter. 188 00:08:52,147 --> 00:08:53,285 (CAR DOOR OPENS) 189 00:08:58,453 --> 00:08:59,955 Marvin Warner? 190 00:09:00,589 --> 00:09:03,035 They must be from the prize patrol. 191 00:09:03,091 --> 00:09:04,365 Ed, tell him what he's won. 192 00:09:04,426 --> 00:09:06,531 You've just won a fabulous time-share upstate. 193 00:09:06,595 --> 00:09:07,835 Come on. 194 00:09:09,331 --> 00:09:12,369 I didn't rob anyone and I didn't kill anyone. 195 00:09:12,434 --> 00:09:13,709 BRISCOE: Well, we got a witness who says 196 00:09:13,769 --> 00:09:16,409 you're a pretty belligerent guy, Marvin. 197 00:09:16,472 --> 00:09:17,473 What witness? 198 00:09:17,540 --> 00:09:19,611 The tenant who used to live in the basement apartment. 199 00:09:19,675 --> 00:09:22,679 Oh, the dot-com kid? Piece of crap. 200 00:09:22,745 --> 00:09:24,383 Him and the girl. 201 00:09:24,947 --> 00:09:27,689 How does it hurt them, me trying to stay out of the weather? 202 00:09:27,750 --> 00:09:29,457 There's shelters for that. 203 00:09:29,518 --> 00:09:31,191 I'm not an animal. 204 00:09:31,954 --> 00:09:35,595 I served my country. I deserve better than that. 205 00:09:35,658 --> 00:09:38,571 Yeah? And what about Mr. Ngai? 206 00:09:39,362 --> 00:09:40,535 Didn't he deserve better? 207 00:09:40,597 --> 00:09:42,702 I told you, I don't know what you're talking about. 208 00:09:42,766 --> 00:09:45,542 Your blanket was wrapped around his head. 209 00:09:45,836 --> 00:09:48,476 You must've been pretty hungry to trade a nice warm blanket 210 00:09:48,538 --> 00:09:50,108 for some cold Chinese food. 211 00:09:50,173 --> 00:09:52,517 You want to know about my blanket? 212 00:09:52,576 --> 00:09:54,886 Well, how about you just ask those kids? 213 00:09:54,945 --> 00:09:56,447 ED: What kids? 214 00:09:56,913 --> 00:09:59,757 The kids that kicked me off of the landing. 215 00:10:00,350 --> 00:10:03,456 I was hanging out there, same as usual, 216 00:10:03,520 --> 00:10:05,932 and these punks come by. 217 00:10:06,256 --> 00:10:07,429 How many? 218 00:10:07,492 --> 00:10:08,562 Four or five. 219 00:10:08,626 --> 00:10:10,799 Just tell me to take a walk. 220 00:10:10,862 --> 00:10:13,240 I put up a pretty good fight, too. 221 00:10:13,298 --> 00:10:15,778 Only it was four against one. 222 00:10:16,401 --> 00:10:18,745 They wouldn't even let me keep my blanket. 223 00:10:18,803 --> 00:10:19,873 What time was this? 224 00:10:20,471 --> 00:10:23,042 Well, I don't know, but it was still raining. 225 00:10:23,107 --> 00:10:24,279 What'd these kids look like? 226 00:10:24,976 --> 00:10:27,513 Kids. Just, you know, regular kids. 227 00:10:27,578 --> 00:10:32,220 It was a girl and four guys. Yeah, teenagers. 228 00:10:33,217 --> 00:10:34,925 Had you seen them there before? 229 00:10:35,287 --> 00:10:36,322 No. 230 00:10:37,656 --> 00:10:41,729 But the little bitch they had with 'em, she had a key to the place. 231 00:10:45,731 --> 00:10:47,540 So we're buying Warner's story? 232 00:10:47,599 --> 00:10:50,808 We got a lady on the first floor thought she heard some arguing earlier that night. 233 00:10:50,869 --> 00:10:52,507 Which makes Warner's timing right. 234 00:10:52,571 --> 00:10:54,209 What do we have on these kids? 235 00:10:54,273 --> 00:10:56,014 BRISCOE: Just a neighbor from the canvass. 236 00:10:56,075 --> 00:10:58,453 Says he saw a bunch of kids getting into a blue car 237 00:10:58,510 --> 00:11:00,012 while he was walking his dog. 238 00:11:00,079 --> 00:11:03,254 No make, no plates. That was around 12:30 a.m. 239 00:11:03,316 --> 00:11:04,659 What is this, a thrill killing? 240 00:11:04,718 --> 00:11:06,493 ED: Well, it doesn't look like an accident. 241 00:11:06,553 --> 00:11:08,658 Well, how did they know about the apartment? 242 00:11:09,055 --> 00:11:10,966 How did they get a key? 243 00:11:11,925 --> 00:11:14,303 Look, I haven't been down here since Friday morning. 244 00:11:14,360 --> 00:11:18,206 I'm supposed to have the place painted Saturday, and then this. 245 00:11:18,631 --> 00:11:22,443 I can promise you, none of this stuff was here Friday morning. 246 00:11:25,038 --> 00:11:26,540 Hwa Ying restaurant. 247 00:11:26,606 --> 00:11:27,812 Who else has keys? 248 00:11:28,142 --> 00:11:30,452 Landlord, me, and I gave a key to the tile guy. 249 00:11:30,511 --> 00:11:31,512 ED: Tile guy? 250 00:11:31,579 --> 00:11:32,717 Yeah, we're trying to raise the rent. 251 00:11:33,314 --> 00:11:34,418 And when was he here? 252 00:11:34,482 --> 00:11:35,688 Friday afternoon. 253 00:11:35,750 --> 00:11:37,991 I gave him the key and told him to lock up when he was done. 254 00:11:38,052 --> 00:11:39,087 ED: Did he return it? 255 00:11:39,153 --> 00:11:40,655 Yeah, it was in my box Friday night. 256 00:11:40,721 --> 00:11:42,098 It's the one I gave the painters. 257 00:11:42,156 --> 00:11:44,067 Who is this tile guy? 258 00:11:44,125 --> 00:11:46,230 I got his card in my office. 259 00:11:47,461 --> 00:11:50,203 Meantime, nobody comes in or out of here. 260 00:11:51,932 --> 00:11:53,002 I left at 7:00. 261 00:11:53,067 --> 00:11:54,478 Anyone confirm that? 262 00:11:54,535 --> 00:11:56,106 My wife. I was home by 8:00. 263 00:11:56,171 --> 00:11:57,650 You give the key to anybody? 264 00:11:57,706 --> 00:11:59,617 No. I put it in the box. 265 00:12:03,512 --> 00:12:05,719 Kid came by, though, just as I was leaving. 266 00:12:05,781 --> 00:12:07,124 Yeah? What did he want? 267 00:12:07,182 --> 00:12:11,892 Looking for someone. Think he said Mitch, Mike, something like that. 268 00:12:12,621 --> 00:12:15,625 Said he was a friend of the guy who used to live there. 269 00:12:16,158 --> 00:12:18,536 We haven't been back to the apartment since the end of the month. 270 00:12:18,593 --> 00:12:20,903 So you don't know anything about this kid that came by Friday evening 271 00:12:20,962 --> 00:12:22,567 saying he knew you? Absolutely not. 272 00:12:22,632 --> 00:12:24,305 What about Mitch or Mike? 273 00:12:24,367 --> 00:12:25,778 You know anybody by those names? 274 00:12:25,835 --> 00:12:27,007 Mitch? 275 00:12:27,303 --> 00:12:28,475 You sure he said Mitch? 276 00:12:28,538 --> 00:12:29,983 ED: Who is Mitch? Heather's boyfriend? 277 00:12:30,039 --> 00:12:32,178 You want to fill us in here? 278 00:12:32,241 --> 00:12:33,948 Well, the weekend we were supposed to move out, 279 00:12:34,010 --> 00:12:35,921 this place wasn't ready yet, so we went to a hotel. 280 00:12:35,978 --> 00:12:36,979 I had everything packed. 281 00:12:37,046 --> 00:12:39,185 I told my sister she can use the apartment for the weekend. 282 00:12:39,248 --> 00:12:40,488 With her boyfriend. 283 00:12:40,550 --> 00:12:42,052 Mitch. KEVIN: I gave Heather the key. 284 00:12:42,118 --> 00:12:44,029 Told her to leave it with the super after the movers were done. 285 00:12:44,086 --> 00:12:45,360 Maybe that was a mistake. 286 00:12:45,421 --> 00:12:46,525 She's going to college next year. 287 00:12:46,589 --> 00:12:48,193 I think she's capable of handing in a set of keys. 288 00:12:48,257 --> 00:12:50,238 Let's talk about it later, okay? Honey, please. 289 00:12:50,661 --> 00:12:52,971 I did give the keys back I left them in the super's box. 290 00:12:53,030 --> 00:12:54,941 He never got them. Well, then I don't know. 291 00:12:54,998 --> 00:12:57,376 Hey, somebody stopped by that apartment on Friday night 292 00:12:57,434 --> 00:12:58,504 saying he was looking for Mitch. 293 00:12:58,569 --> 00:12:59,570 So? 294 00:12:59,636 --> 00:13:03,379 So you're saying somebody looking for your boyfriend was just a coincidence? 295 00:13:03,707 --> 00:13:07,314 You two didn't kind of like extend your stay, did you, Heather? 296 00:13:07,377 --> 00:13:08,720 Where were you Friday night? 297 00:13:08,779 --> 00:13:10,781 Some clubs in the city. With Mitch? 298 00:13:10,848 --> 00:13:12,259 Chris Donnels, some others. 299 00:13:12,316 --> 00:13:14,193 All right, we're gonna need their names and addresses. 300 00:13:14,251 --> 00:13:17,927 My mother and father knew where I was the whole night You can ask them. 301 00:13:19,090 --> 00:13:22,663 I paged her around 11:00. She called me right back. 302 00:13:22,727 --> 00:13:25,503 We gave her her own cell phone so we could keep track of her. 303 00:13:25,563 --> 00:13:28,567 Just because she called doesn't mean she wasn't getting into trouble. 304 00:13:28,633 --> 00:13:31,876 She was home by 2:00. I was up. I saw her come in. 305 00:13:31,936 --> 00:13:33,916 ED: What about between 11:30 and 12:30? 306 00:13:33,972 --> 00:13:34,973 Why? 307 00:13:35,039 --> 00:13:37,212 ED: We have witnesses that may have seen Heather 308 00:13:37,275 --> 00:13:39,084 at your son's old apartment on Friday night. 309 00:13:39,143 --> 00:13:40,451 MRS. RUSSO: Kevin's apartment? 310 00:13:40,511 --> 00:13:41,512 Mmm-hmm. 311 00:13:41,579 --> 00:13:42,957 MR. RUSSO: May have seen her do what? 312 00:13:43,015 --> 00:13:45,427 Why should you be at Kevin's old apartment? 313 00:13:45,484 --> 00:13:47,191 May have seen her do what? 314 00:13:47,253 --> 00:13:48,630 We're trying to sort that out. 315 00:13:48,687 --> 00:13:50,894 Somebody also came by looking for Mitch. 316 00:13:51,557 --> 00:13:52,968 Mitch Regan? 317 00:13:53,526 --> 00:13:55,267 If they were looking for Mitch Regan, 318 00:13:55,327 --> 00:13:58,536 maybe you should be talking to him and not our daughter. 319 00:13:59,565 --> 00:14:02,444 Look, Mitch is working right now at the store with his father. 320 00:14:02,501 --> 00:14:04,640 Can't this wait? Well, when do you expect him? 321 00:14:04,703 --> 00:14:07,274 I still don't understand why you want to talk to him. 322 00:14:07,339 --> 00:14:08,818 I mean, was he in an accident or something? 323 00:14:08,874 --> 00:14:10,786 We just want to look in the car, ma'am. 324 00:14:10,844 --> 00:14:13,188 We can call in a warrant, but then we're going to have to take the car. 325 00:14:13,246 --> 00:14:15,692 Oh, no, no, no. Don't take the car. 326 00:14:22,589 --> 00:14:24,762 Do you know where your son was Friday night, Mrs. Regan? 327 00:14:24,824 --> 00:14:26,861 Please, what is this about? 328 00:14:28,728 --> 00:14:30,765 Look, he's a good kid. 329 00:14:30,830 --> 00:14:33,572 I mean, if you're looking for drugs or something, you're not gonna find it. 330 00:14:35,368 --> 00:14:37,406 What is it? What did you find? 331 00:14:37,471 --> 00:14:39,348 Looks like a snow pea. 332 00:14:40,107 --> 00:14:42,485 I was at a club. I didn't go anywhere near that apartment. 333 00:14:42,543 --> 00:14:44,716 Then why'd this kid come looking for you there? 334 00:14:44,779 --> 00:14:46,258 I don't know. 335 00:14:46,447 --> 00:14:50,725 Hey, look, maybe the last couple of weekends I was there with Heather. 336 00:14:50,785 --> 00:14:52,389 Chris probably just got the night wrong. 337 00:14:52,453 --> 00:14:53,488 Chris? 338 00:14:53,554 --> 00:14:54,555 You mean Chris Donnels? 339 00:14:54,622 --> 00:14:56,499 How'd you know we were talking about him? 340 00:14:57,124 --> 00:14:58,569 You remember the homeless guy? 341 00:14:58,626 --> 00:14:59,627 I don't know. 342 00:14:59,694 --> 00:15:00,729 BRISCOE: Oh, sure you do. 343 00:15:00,795 --> 00:15:02,570 We got a witness who said you and your little buddies 344 00:15:02,630 --> 00:15:03,939 roughed him up that night, too. 345 00:15:05,200 --> 00:15:07,111 Maybe you remember his blanket. 346 00:15:07,169 --> 00:15:08,671 I don't know anything about this. 347 00:15:08,737 --> 00:15:10,580 That ain't gonna fly no more, Mitch. 348 00:15:10,639 --> 00:15:14,109 We found Chinese food in your Mustang, Mitch. 349 00:15:14,176 --> 00:15:18,022 The lab is working on every article of clothing you own right now. 350 00:15:18,080 --> 00:15:20,287 We're gonna check out every phone call you made. 351 00:15:20,349 --> 00:15:21,987 You think we're not gonna find out what happened? 352 00:15:22,050 --> 00:15:24,929 And when we do, who do you think's gonna do the time? 353 00:15:24,987 --> 00:15:26,398 Huh? Heather? 354 00:15:27,255 --> 00:15:29,257 Look, it wasn't me, okay? 355 00:15:29,658 --> 00:15:30,831 I wasn't the one that hit him. 356 00:15:30,893 --> 00:15:31,894 Then who did? 357 00:15:34,964 --> 00:15:36,966 We didn't have enough money to pay for the food. 358 00:15:37,033 --> 00:15:38,569 ED: Who's "we"? 359 00:15:39,335 --> 00:15:41,372 Me, Heather, 360 00:15:43,506 --> 00:15:46,612 Peter Franco, Chris Donnels and Nick Simms. 361 00:15:48,144 --> 00:15:50,351 Look, the Chinese guy got upset. 362 00:15:50,413 --> 00:15:52,324 There was some shoving. 363 00:15:54,017 --> 00:15:55,052 Pete hit him. 364 00:15:56,319 --> 00:15:57,799 Peter Franco. 365 00:15:58,455 --> 00:16:01,197 I told him to stop, but it was too late. 366 00:16:01,258 --> 00:16:03,067 But he didn't mean to kill the guy. 367 00:16:03,127 --> 00:16:05,038 What about the blanket? 368 00:16:05,429 --> 00:16:07,966 I put it over him afterwards, out of respect. 369 00:16:09,066 --> 00:16:12,275 Look, I swear, that's all I did. I wasn't involved. 370 00:16:20,377 --> 00:16:22,789 This kid was more than just there. 371 00:16:22,846 --> 00:16:26,021 Lied through his teeth until he found out you had the goods on him. 372 00:16:26,084 --> 00:16:27,654 I think we got our doer. 373 00:16:27,719 --> 00:16:30,563 The kid played too many angles before he finally came clean. 374 00:16:30,622 --> 00:16:33,193 Even then, he had the presence of mind to blame someone else. 375 00:16:33,258 --> 00:16:35,465 Hey, what are friends for? 376 00:16:35,527 --> 00:16:36,562 Charge him with murder. 377 00:16:36,628 --> 00:16:40,235 A person doesn't lose the back of his skull unless his killer intends him to. 378 00:16:40,298 --> 00:16:41,299 BRISCOE: What about the girlfriend? 379 00:16:41,366 --> 00:16:42,606 IUDs from her cell phone. 380 00:16:42,667 --> 00:16:44,647 11:40 call to restaurant. 381 00:16:44,936 --> 00:16:47,542 Which means we can place them all at the scene. 382 00:16:47,605 --> 00:16:49,812 Pick 'em up. We'll see how it shakes out. 383 00:16:53,145 --> 00:16:54,146 Is your daughter here? 384 00:16:54,213 --> 00:16:55,453 She's eating dinner. 385 00:16:55,514 --> 00:16:57,858 We have a warrant for her arrest. 386 00:17:00,586 --> 00:17:01,997 What the hell's going on? 387 00:17:02,054 --> 00:17:04,261 Heather Russo, you're under arrest for murder. 388 00:17:04,323 --> 00:17:05,597 She's not going anywhere with you. 389 00:17:05,658 --> 00:17:07,296 Don't make this any harder than it has to be. 390 00:17:07,359 --> 00:17:08,565 Bob, don't, please. 391 00:17:08,627 --> 00:17:10,504 On your feet, Heather. 392 00:17:12,031 --> 00:17:13,374 I'm sorry. 393 00:17:13,432 --> 00:17:14,775 You have the right to remain silent. 394 00:17:14,834 --> 00:17:16,541 Anything you do say, can and will be used 395 00:17:16,602 --> 00:17:18,206 against you in a court of law. 396 00:17:20,974 --> 00:17:23,045 "Docket ending 316 of 2,000." 397 00:17:23,110 --> 00:17:26,284 "People against Peter Franco, Chris Donnels, Nick Simms," 398 00:17:26,346 --> 00:17:27,882 "Heather Russo and Mitch Regan." 399 00:17:27,948 --> 00:17:29,894 I'll hear you as to the facts, Ms. Carmichael. 400 00:17:29,950 --> 00:17:32,556 Your Honor, the victim in this case, Thomas Ngai, 401 00:17:32,619 --> 00:17:34,360 was the owner of a Chinese restaurant. 402 00:17:34,421 --> 00:17:36,731 Late Friday night, while making a delivery to an apartment 403 00:17:36,790 --> 00:17:39,430 previously leased by the defendant Russo's brother, 404 00:17:39,493 --> 00:17:42,736 he was savagely attacked, robbed and killed by the defendants. 405 00:17:42,796 --> 00:17:43,797 What was taken? 406 00:17:43,864 --> 00:17:45,241 CARMICHAEL: Apparently just the food they ordered. 407 00:17:45,298 --> 00:17:46,972 I didn't do anything. I didn't... 408 00:17:47,034 --> 00:17:50,174 Counselor, I suggest you tell your client to shut his mouth. 409 00:17:50,772 --> 00:17:52,115 What about the girl? What'd she do? 410 00:17:52,173 --> 00:17:53,584 CARMICHAEL: We believe her to be the individual 411 00:17:53,641 --> 00:17:56,019 who placed the order to the restaurant from her cell phone, 412 00:17:56,077 --> 00:17:57,886 luring the victim to the apartment. 413 00:17:57,945 --> 00:17:59,549 Your Honor, because murder in the First Degree 414 00:17:59,614 --> 00:18:02,891 requires a defendant to be 18 years or older at the time of the crime, 415 00:18:02,950 --> 00:18:06,420 the defendant Regan is the only one before you charged with a capital crime. 416 00:18:06,487 --> 00:18:08,967 However, the People are requesting remand as to each defendant. 417 00:18:09,023 --> 00:18:12,163 These are still teenagers, Your Honor. First arrests for each. 418 00:18:12,226 --> 00:18:14,639 CARMICHAEL: Defendant Regan has a juvenile record for assault. 419 00:18:14,696 --> 00:18:16,175 Those records are sealed, Your Honor. 420 00:18:16,231 --> 00:18:20,008 And the People will be making an application to unseal right after this arraignment. 421 00:18:20,068 --> 00:18:23,049 First arrests or not, they're certainly starting off at the top. 422 00:18:23,105 --> 00:18:26,917 Your Honor... I'm not going to try this case here, Counselor. 423 00:18:26,975 --> 00:18:28,921 Defendant Regan is remanded. 424 00:18:28,977 --> 00:18:34,086 Bail is set at $250,000 as to Franco, Donnels, Simms and Russo. 425 00:18:34,149 --> 00:18:35,219 This is outrageous. 426 00:18:35,284 --> 00:18:37,594 Yes, Counselor, it certainly is. 427 00:18:41,724 --> 00:18:43,533 Let the games begin. 428 00:18:46,362 --> 00:18:48,137 Motions for severance. 429 00:18:48,198 --> 00:18:50,337 Like rats off a sinking ship. 430 00:18:51,134 --> 00:18:53,740 Donnels and Franco claim Regan did it. 431 00:18:55,138 --> 00:18:57,448 Regan points the finger back at them. 432 00:18:57,507 --> 00:19:01,512 And Heather Russo is waiting to see which way the wind is blowing. 433 00:19:01,945 --> 00:19:03,856 Which leaves Mr. Simms. 434 00:19:06,417 --> 00:19:08,556 At this point, he's not prepared to make any statement. 435 00:19:08,619 --> 00:19:13,090 I'm not looking for a statement, Counselor, I'm looking for cooperation. 436 00:19:13,157 --> 00:19:16,764 If I don't get it from him, you can bet I'll get it from someone else. 437 00:19:16,827 --> 00:19:18,966 So far, no one's pointed a finger at you. 438 00:19:19,029 --> 00:19:22,636 Once they do, you become just another member of the pack. 439 00:19:23,968 --> 00:19:25,538 What are you offering? 440 00:19:26,036 --> 00:19:27,777 A top and a bottom. 441 00:19:28,939 --> 00:19:30,714 If he was involved in any way in the murder, 442 00:19:30,774 --> 00:19:33,220 man one and he serves five-to-15. 443 00:19:34,079 --> 00:19:37,526 If he was just there, six months and probation. 444 00:19:37,816 --> 00:19:39,420 Six months just for being there? 445 00:19:39,484 --> 00:19:41,760 No one walks on this, Counselor. 446 00:19:41,820 --> 00:19:45,529 A man lost his life. A woman lost her husband. 447 00:19:46,057 --> 00:19:48,697 Three small children lost their father. 448 00:19:49,327 --> 00:19:52,274 I'm giving him this one chance to tell me why. 449 00:20:01,007 --> 00:20:02,884 It wasn't supposed to be like that. 450 00:20:02,942 --> 00:20:05,252 CARMICHAEL: You mean like murder? 451 00:20:05,311 --> 00:20:07,814 We just went into the city to have a good time, you know? 452 00:20:07,880 --> 00:20:10,451 Killing a man's a strange way of having a good time. 453 00:20:12,518 --> 00:20:17,126 We were at the apartment, drinking some beers, smoking, and just hanging out. 454 00:20:17,189 --> 00:20:21,399 And I think it was Pete, Peter Franco, who said he was hungry, 455 00:20:21,794 --> 00:20:23,796 but no one had any money. 456 00:20:23,996 --> 00:20:28,275 So Mitch said we should call some Chinese place and order some food. 457 00:20:28,602 --> 00:20:29,910 How were you going to pay? 458 00:20:29,970 --> 00:20:33,679 SIMMS: We weren't. We were gonna just take off with the food. 459 00:20:33,740 --> 00:20:35,344 So you were gonna rob him? 460 00:20:36,977 --> 00:20:38,615 When the guy showed up, Pete and Chris 461 00:20:38,679 --> 00:20:42,923 threw this old blanket over him that we'd taken off some homeless guy. 462 00:20:44,284 --> 00:20:46,662 And then they knocked him downstairs. 463 00:20:46,720 --> 00:20:47,926 Where were you when this happened? 464 00:20:47,988 --> 00:20:50,594 With Mitch, just inside the apartment. 465 00:20:52,626 --> 00:20:54,504 When he fell, the guy tried to get up, 466 00:20:54,562 --> 00:20:57,668 but Mitch wrestled him to the ground 467 00:20:58,232 --> 00:21:04,513 and then Pete and Chris and Mitch they were all hitting him. 468 00:21:07,575 --> 00:21:09,680 And finally, he stayed down. 469 00:21:11,279 --> 00:21:12,986 Only he wasn't dead yet. 470 00:21:13,047 --> 00:21:15,550 The forensic report indicates 471 00:21:15,616 --> 00:21:20,497 a considerable period of time passed before another single blow smashed his skull. 472 00:21:20,788 --> 00:21:21,995 Probably minutes. 473 00:21:22,057 --> 00:21:23,434 LEWIN: What forensics? 474 00:21:23,492 --> 00:21:25,165 He threw up under the blanket. 475 00:21:25,227 --> 00:21:28,606 Simms said they could hear him moaning, pleading for his life. 476 00:21:28,664 --> 00:21:29,938 Dear God. 477 00:21:29,999 --> 00:21:32,741 That's when Mitch Regan said that Ngai had seen their faces, 478 00:21:32,801 --> 00:21:35,805 and that if they didn't want to go to jail they'd have to kill him. 479 00:21:35,871 --> 00:21:38,715 While they argued about that, Ngai started retching. 480 00:21:39,541 --> 00:21:43,512 Apparently that wasn't enough for Regan. He wasn't about to wait. 481 00:21:44,013 --> 00:21:46,289 He picked up a piece of cement from the staircase 482 00:21:46,348 --> 00:21:48,351 and smashed Ngai's head with it. 483 00:21:48,418 --> 00:21:52,332 Then they all got in his car and drove back to Queens as if nothing had happened. 484 00:21:54,024 --> 00:21:56,368 We have to consider the death penalty for Regan. 485 00:21:56,860 --> 00:22:00,433 What? Wait a minute. Wait a minute. 486 00:22:00,897 --> 00:22:05,403 It was Regan who suggested the robbery. Regan who incited murder. 487 00:22:06,136 --> 00:22:08,013 And when no one else would go along with him, 488 00:22:08,071 --> 00:22:10,813 it was Regan who finished the job himself. 489 00:22:11,207 --> 00:22:13,881 Have you looked at his date of birth? He's barely 18. 490 00:22:14,310 --> 00:22:18,191 He made Simms drive so he could eat the food he'd ordered. 491 00:22:18,683 --> 00:22:21,425 He also has a prior assault as a juvenile. 492 00:22:22,386 --> 00:22:24,889 It happened two months prior to his 16th birthday. 493 00:22:24,955 --> 00:22:27,799 JACK: Otherwise, he'd be a violent predicate felon. 494 00:22:27,858 --> 00:22:31,237 The child he attacked was left blind in his right eye. 495 00:22:32,196 --> 00:22:34,233 Look, I appreciate your conviction here, 496 00:22:35,199 --> 00:22:38,908 but the death penalty is not something I'm willing to inflict on a teenager. 497 00:22:38,969 --> 00:22:41,609 JACK: On any teenager or just this one? 498 00:22:41,972 --> 00:22:43,646 What are you talking about? 499 00:22:44,276 --> 00:22:47,723 A black kid sells some crack, we put him in prison for life. 500 00:22:47,779 --> 00:22:50,783 It's done every day without us blinking an eye. 501 00:22:51,216 --> 00:22:53,753 A kid from the suburbs does the same thing, 502 00:22:53,819 --> 00:22:58,029 we get people running around trying to arrange a rehab bed for him. 503 00:22:58,523 --> 00:23:00,161 (TELEPHONE RINGS) 504 00:23:00,859 --> 00:23:03,271 Yes. Just a moment. 505 00:23:04,062 --> 00:23:05,598 Abbie, part 78. 506 00:23:06,565 --> 00:23:09,045 We're not talking about a drug case here. 507 00:23:09,100 --> 00:23:10,910 We're talking about the death penalty. 508 00:23:10,970 --> 00:23:15,919 Which is exactly why we have to avoid any appearance it wasn't applied objectively. 509 00:23:16,576 --> 00:23:18,852 We both know the crime justifies it. 510 00:23:20,012 --> 00:23:23,721 That was the clerk. Regan might have beaten us to the punch. 511 00:23:24,317 --> 00:23:26,797 Judge Schreiber just let him plead guilty to murder one 512 00:23:26,853 --> 00:23:29,356 with the promise of a life sentence. 513 00:23:39,833 --> 00:23:42,370 A writ of mandamus asking me to vacate the guilty plea. 514 00:23:42,436 --> 00:23:45,042 Judge Schreiber had no authority to accept such a plea. 515 00:23:45,105 --> 00:23:47,608 We pled to the top count, murder one. 516 00:23:47,674 --> 00:23:49,745 According to Hynes v. Tomei, 517 00:23:49,810 --> 00:23:52,689 a defendant cannot plead guilty while the prosecutor's notice 518 00:23:52,746 --> 00:23:54,384 to seek the death penalty is pending. 519 00:23:54,448 --> 00:23:55,984 You haven't filed the notice. 520 00:23:56,049 --> 00:23:58,359 JACK: Because the statute allows us 120 days. 521 00:23:58,418 --> 00:24:00,625 But Hynes doesn't cover that situation. 522 00:24:00,687 --> 00:24:02,030 JACK: The spirit of the case does. 523 00:24:02,656 --> 00:24:05,331 Judge, we'd be allowing defendants to circumvent the law 524 00:24:05,393 --> 00:24:09,000 if we let them plead guilty before D.A.'s had a chance to consider the death penalty. 525 00:24:09,063 --> 00:24:11,441 It'd create a race to the courthouse. 526 00:24:11,499 --> 00:24:13,877 It'd be the defendants who get to choose their own sentences. 527 00:24:13,935 --> 00:24:16,677 Well, better them than some bloodthirsty prosecutor. 528 00:24:16,738 --> 00:24:17,739 Mr. Stanton. 529 00:24:17,806 --> 00:24:19,183 STANTON: No, I'm sorry, Your Honor, 530 00:24:19,541 --> 00:24:22,147 but Mr. McCoy didn't seem to mind races to the courthouse 531 00:24:22,210 --> 00:24:24,781 when he was making offers to any kid quick enough to roll over for him. 532 00:24:24,846 --> 00:24:27,793 Well, that may be true. But in the context of the death penalty, 533 00:24:27,849 --> 00:24:32,299 I don't think we want to be playing games about whether notice has been filed or not. 534 00:24:32,354 --> 00:24:33,799 I'm vacating the plea. 535 00:24:34,123 --> 00:24:36,603 Simply put, Mitch Regan cannot plead guilty 536 00:24:36,659 --> 00:24:39,731 until the People have reached their own decision about the death penalty. 537 00:24:39,795 --> 00:24:40,796 Your Honor, I think... 538 00:24:40,863 --> 00:24:44,504 I'm sorry, Counselor, but this is for the protection of all defendants. 539 00:24:46,302 --> 00:24:51,274 Well, this is one defendant you just protected right back into a lethal injection. 540 00:24:51,340 --> 00:24:53,115 You'll forgive me if I don't say "thank you." 541 00:24:57,414 --> 00:25:01,863 Wesley Stanton. Man's a legend in a lot of people's minds. 542 00:25:01,918 --> 00:25:05,832 Especially his own. He's taking the case pro bono. 543 00:25:05,889 --> 00:25:09,496 Well, I'm sure the publicity will more than compensate him for his time. 544 00:25:09,559 --> 00:25:12,165 The point is, the ball's back in our court. 545 00:25:12,229 --> 00:25:14,766 What if I simply waited for the headlines to go away, 546 00:25:14,831 --> 00:25:18,244 and then quietly announced I'd considered the evidence 547 00:25:18,301 --> 00:25:21,111 and decided not to seek the death penalty? 548 00:25:21,438 --> 00:25:23,543 You're not going to do that. 549 00:25:24,242 --> 00:25:26,244 All right, call the senior staff. 550 00:25:26,310 --> 00:25:28,415 I'll hear all the arguments. 551 00:25:32,750 --> 00:25:35,993 No, my point is, how can we ask for the death penalty 552 00:25:36,053 --> 00:25:38,795 when other jurisdictions are considering a moratorium? 553 00:25:38,856 --> 00:25:41,496 Honestly, I don't think it's a problem. 554 00:25:41,859 --> 00:25:44,203 There's two issues involved with the moratorium. 555 00:25:44,262 --> 00:25:46,708 The potential for an innocent man being executed, 556 00:25:46,764 --> 00:25:49,176 faulty DNA evidence, something like that, 557 00:25:49,233 --> 00:25:51,840 and ineffective assistance of counsel. 558 00:25:51,904 --> 00:25:53,247 But, correct me if I'm wrong, Jack, 559 00:25:53,305 --> 00:25:55,717 I haven't heard anything to suggest that this guy didn't do it. 560 00:25:55,774 --> 00:25:59,312 And Wes Stanton has tried more capital cases than I have. 561 00:25:59,711 --> 00:26:02,282 What about the guidelines? Where does he fit? 562 00:26:02,347 --> 00:26:04,327 Both Jack and I concur the juvenile assault 563 00:26:04,383 --> 00:26:06,329 should be considered a prior crime of violence. 564 00:26:06,385 --> 00:26:07,386 Why? 565 00:26:07,452 --> 00:26:10,524 Because it occurred two months prior to his 16th birthday, 566 00:26:10,589 --> 00:26:13,263 and it involved substantial injuries to his victim. 567 00:26:13,325 --> 00:26:17,569 We also discounted a separate incident involving a neighbor's pet, a cat, 568 00:26:17,629 --> 00:26:20,634 which contained allegations of animal torture. 569 00:26:21,434 --> 00:26:23,414 The facts weren't clear in the probation report. 570 00:26:23,469 --> 00:26:25,608 I'd agree. He's already had his bite. 571 00:26:25,672 --> 00:26:28,710 Now, the heinous nature of this crime is self-evident, 572 00:26:28,775 --> 00:26:31,654 as was his total disregard for the victim's life. 573 00:26:31,711 --> 00:26:34,783 Excuse me, but why aren't we talking about this kid's age? 574 00:26:34,847 --> 00:26:36,417 JACK: We can talk about it all you like. 575 00:26:36,482 --> 00:26:40,020 But if we use his age to disregard every other guideline, 576 00:26:40,420 --> 00:26:43,799 it only makes our determination more arbitrary, not less. 577 00:26:43,856 --> 00:26:45,234 He's right. 578 00:26:45,292 --> 00:26:49,399 Legislature's established a bright line at 18 years old. 579 00:26:49,763 --> 00:26:51,401 I don't think we should blur it. 580 00:26:51,465 --> 00:26:52,739 Blur it? 581 00:26:52,800 --> 00:26:55,041 Whatever happened to the exercise of discretion? 582 00:26:55,102 --> 00:26:56,581 ROSENFELD: I agree with Nora. 583 00:26:56,637 --> 00:26:59,015 I don't think it's as simple as a bright line. 584 00:26:59,073 --> 00:27:01,952 This kid's got a family, a high school education. 585 00:27:02,009 --> 00:27:03,750 He's got a job in his father's store. 586 00:27:03,811 --> 00:27:04,812 Meaning what? 587 00:27:04,878 --> 00:27:06,448 Meaning, I think he has a chance. 588 00:27:06,513 --> 00:27:08,459 HAYES: Well, what about the kids who never had a chance? 589 00:27:08,782 --> 00:27:10,284 Who rings their hands for them? 590 00:27:10,351 --> 00:27:14,266 Now, I'm sorry, but being white and from Queens isn't mitigation in my book. 591 00:27:14,322 --> 00:27:17,963 We're also not just talking about a white defendant. 592 00:27:18,026 --> 00:27:21,564 Let's keep in mind that a decision here not to seek the death penalty 593 00:27:21,629 --> 00:27:25,475 could very well be perceived as discriminatory by the Asian community. 594 00:27:25,533 --> 00:27:29,037 No, I'm not gonna kill a white kid just to prove I'm politically correct. 595 00:27:29,104 --> 00:27:31,106 JACK: No one's suggesting you should. 596 00:27:31,172 --> 00:27:35,814 But if we're prepared to visit this type of punishment on offenders at all, 597 00:27:35,877 --> 00:27:40,384 we'd better not refuse to do it just because he looks like the kid next door. 598 00:27:58,534 --> 00:28:02,880 Hey. You know, you can get anything you need on the computer with Westlaw. 599 00:28:02,938 --> 00:28:04,315 Oh, I like the books. 600 00:28:05,641 --> 00:28:07,679 What are you Shepardizing? 601 00:28:08,412 --> 00:28:11,086 US Supreme Court decision from Oklahoma. 602 00:28:11,415 --> 00:28:12,621 Juvenile death penalty. 603 00:28:12,682 --> 00:28:14,457 Unfortunately, the court's very clear 604 00:28:14,518 --> 00:28:19,160 that no national consensus exists that violates cruel and unusual punishment 605 00:28:19,222 --> 00:28:23,068 when the death penalty is given to somebody over the age of 16. 606 00:28:24,027 --> 00:28:27,236 I was hoping to find a New York court disagreed, 607 00:28:27,764 --> 00:28:28,799 but, no. 608 00:28:29,132 --> 00:28:30,634 He's 18, Nora. 609 00:28:31,435 --> 00:28:33,712 In the eyes of the law, he's an adult. 610 00:28:34,338 --> 00:28:36,249 Have you seen his arrest photo? 611 00:28:36,307 --> 00:28:38,446 I don't think he even shaves. 612 00:28:40,378 --> 00:28:44,758 Well, I'm sure shaving is some legitimate male rite of passage, 613 00:28:45,616 --> 00:28:49,359 but it certainly shouldn't be the standard to decide a capital case. 614 00:28:49,420 --> 00:28:52,299 What should be the standard to take the life of a teenager? 615 00:28:54,425 --> 00:28:56,098 Where I come from, 616 00:28:56,294 --> 00:29:00,437 it's when what a person's done is so vicious, so cruel, 617 00:29:01,333 --> 00:29:03,609 he forfeits the right to get any older. 618 00:29:04,069 --> 00:29:07,414 Where I come from, a person can't forfeit that right. 619 00:29:08,273 --> 00:29:10,412 We can only take it from him. 620 00:29:13,879 --> 00:29:15,153 "My decision today" 621 00:29:15,214 --> 00:29:17,524 "continues this office's tradition" 622 00:29:17,583 --> 00:29:20,860 "of objectively applying the laws of this state" 623 00:29:20,919 --> 00:29:25,163 "to the cases it's charged with prosecuting in this great city." 624 00:29:25,724 --> 00:29:27,466 "Ours is an island," 625 00:29:27,527 --> 00:29:30,007 "but we are not untouched by the national debate" 626 00:29:30,063 --> 00:29:32,942 "or its dictates concerning the death penalty." 627 00:29:33,967 --> 00:29:35,640 "That being said," 628 00:29:35,702 --> 00:29:38,706 "my decision goes against my personal feelings," 629 00:29:38,771 --> 00:29:42,913 "but as District Attorney, I took an oath to uphold the law," 630 00:29:42,976 --> 00:29:45,889 "which includes applying the death penalty fairly," 631 00:29:45,945 --> 00:29:47,925 "with due process of law." 632 00:29:48,381 --> 00:29:50,657 "To do otherwise would be to substitute" 633 00:29:50,717 --> 00:29:53,323 "my own judgment for the judgment of those" 634 00:29:53,386 --> 00:29:55,799 "the people elected to make such decisions." 635 00:29:56,624 --> 00:29:58,069 "Accordingly," 636 00:29:58,125 --> 00:30:01,072 "I am forced to conclude that notice to the court" 637 00:30:01,128 --> 00:30:03,734 "of our intention to seek the death penalty" 638 00:30:03,797 --> 00:30:08,007 "in the case of the People v. Mitch Regan is appropriate." 639 00:30:14,875 --> 00:30:16,548 CARMICHAEL: The jury was out less than an hour. 640 00:30:16,610 --> 00:30:18,612 And Stanton didn't call a single witness? 641 00:30:18,679 --> 00:30:21,524 I think Stanton's saving his credibility with the jury 642 00:30:21,583 --> 00:30:22,653 to plead for his client's life. 643 00:30:22,717 --> 00:30:24,060 When are you back in court? 644 00:30:24,119 --> 00:30:26,861 Judge Schreiber starts the penalty phase tomorrow morning. 645 00:30:26,922 --> 00:30:28,162 Do we have any witnesses? 646 00:30:28,223 --> 00:30:30,931 He's limited our presentation to the M.E. 647 00:30:31,526 --> 00:30:33,096 LEWIN: Well, what about mitigation? 648 00:30:33,161 --> 00:30:35,368 I assume Stanton will mount his case now. 649 00:30:35,430 --> 00:30:37,501 Well, he was hoping to call one of Regan's teachers. 650 00:30:37,565 --> 00:30:38,635 But? 651 00:30:38,700 --> 00:30:42,546 Schreiber ruled that it opened the door to the prior juvenile history. 652 00:30:42,604 --> 00:30:45,346 I don't think Stanton wants a jury to hear 653 00:30:45,407 --> 00:30:48,389 how his client viciously assaulted someone in the past. 654 00:30:48,444 --> 00:30:50,219 Especially a child. 655 00:30:50,880 --> 00:30:52,257 Which leaves him with what? 656 00:30:52,315 --> 00:30:54,261 He's calling his mother. 657 00:30:54,750 --> 00:30:55,751 Doesn't everyone? 658 00:31:00,356 --> 00:31:01,960 Doctor, earlier in this trial 659 00:31:02,024 --> 00:31:05,369 you indicated a single blow from a blunt object 660 00:31:05,428 --> 00:31:06,907 caused Mr. Ngai's death. 661 00:31:06,963 --> 00:31:10,137 Yes. Mr. Ngai died from a depressed skull fracture. 662 00:31:10,199 --> 00:31:12,008 Basically, the back of his head was crushed in. 663 00:31:12,335 --> 00:31:15,840 JACK: There was also mentioned on cross-examination by Mr. Stanton 664 00:31:15,906 --> 00:31:19,149 that the fatal injury sustained by the deceased 665 00:31:19,810 --> 00:31:21,448 might have been received 666 00:31:21,511 --> 00:31:24,151 during the initial attack at the top of the stairs. 667 00:31:24,214 --> 00:31:25,488 RODGERS: Anything is possible. 668 00:31:25,549 --> 00:31:27,187 JACK: But I want to be absolutely clear 669 00:31:27,251 --> 00:31:29,561 that that is not your expert opinion. 670 00:31:29,620 --> 00:31:30,655 No, it's not. 671 00:31:30,721 --> 00:31:31,722 Why not? 672 00:31:32,055 --> 00:31:34,797 Because of the evidence I found of regurgitation, 673 00:31:34,858 --> 00:31:36,337 the vomit under the blanket. 674 00:31:36,393 --> 00:31:37,770 Anything else? 675 00:31:37,828 --> 00:31:41,902 There was a pattern of blood focal hemorrhages on the surface of the lung. 676 00:31:41,966 --> 00:31:44,674 Now, this blood didn't appear to be from any internal injuries. 677 00:31:44,736 --> 00:31:49,116 Rather, it was more likely from the facial injuries and broken nose he received. 678 00:31:49,173 --> 00:31:51,983 As a result, Mr. Ngai was breathing in his own blood. 679 00:31:52,043 --> 00:31:55,024 As he did, it spread through the smaller airways. 680 00:31:55,079 --> 00:31:57,218 Both the regurgitation and blood 681 00:31:57,282 --> 00:32:00,786 could only have occurred sometime prior to the fatal head injury. 682 00:32:01,152 --> 00:32:03,962 I divorced when Mitch was three years old. 683 00:32:04,389 --> 00:32:07,233 STANTON: What was the cause of the divorce? 684 00:32:07,692 --> 00:32:10,867 My former husband, Mitch's biological father, 685 00:32:11,497 --> 00:32:13,408 had a drinking problem. 686 00:32:13,899 --> 00:32:16,311 Eventually, he abandoned Mitch and me. 687 00:32:16,368 --> 00:32:19,247 Did that effect your son? 688 00:32:19,304 --> 00:32:20,612 Very much so. 689 00:32:20,673 --> 00:32:23,415 He cried at night, had nightmares. 690 00:32:24,176 --> 00:32:27,385 It was a very difficult time for both of us. 691 00:32:27,680 --> 00:32:29,023 STANTON: He's your only son? 692 00:32:29,081 --> 00:32:30,151 MRS. REGAN: With his father. 693 00:32:30,215 --> 00:32:32,320 I have two other children with my husband. 694 00:32:32,985 --> 00:32:36,798 So, Alex Regan is not Mitch's natural father? 695 00:32:36,856 --> 00:32:38,392 His stepfather. 696 00:32:38,658 --> 00:32:41,696 And what is that relationship like? 697 00:32:41,761 --> 00:32:44,674 It's always been a little strained. 698 00:32:46,833 --> 00:32:50,110 My husband is a good man, but he's been hard on Mitch. 699 00:32:50,937 --> 00:32:52,610 I've always thought, 700 00:32:52,672 --> 00:32:54,709 a little too hard at times. 701 00:32:56,176 --> 00:32:57,985 Before I got married, 702 00:32:59,746 --> 00:33:02,420 he watched out for me, he protected me, 703 00:33:03,784 --> 00:33:05,661 even as a small child. 704 00:33:06,253 --> 00:33:08,927 He's still like that with his brother and sister. 705 00:33:08,989 --> 00:33:11,367 When his grandmother was dying, 706 00:33:11,425 --> 00:33:13,166 he wouldn't leave her side. 707 00:33:13,661 --> 00:33:15,538 He's not this monster. 708 00:33:16,397 --> 00:33:17,432 He isn't. 709 00:33:18,165 --> 00:33:19,542 I know him. 710 00:33:19,600 --> 00:33:22,513 I know him better than anyone in this world. 711 00:33:24,105 --> 00:33:26,016 You have to believe me. 712 00:33:31,113 --> 00:33:32,990 Thank you, Mrs. Regan. 713 00:33:39,688 --> 00:33:44,137 Mrs. Regan, was your son ever physically abused? 714 00:33:44,459 --> 00:33:45,494 MRS. REGAN: No. 715 00:33:46,294 --> 00:33:48,740 Not by his stepfather 716 00:33:48,797 --> 00:33:50,936 and not by his biological father? 717 00:33:51,299 --> 00:33:54,906 Bill, my first husband, was an alcoholic, 718 00:33:55,003 --> 00:33:56,745 but he wasn't a violent man. 719 00:33:56,806 --> 00:33:58,114 JACK: And your current husband? 720 00:33:58,174 --> 00:33:59,346 MRS. REGAN: Never. 721 00:34:00,143 --> 00:34:03,124 And you cared for your son, 722 00:34:04,413 --> 00:34:08,190 gave him food and shelter, love and support? 723 00:34:08,551 --> 00:34:10,053 I thought so. 724 00:34:10,920 --> 00:34:12,729 But there must be something I did. 725 00:34:12,789 --> 00:34:14,700 Mrs. Regan, you said 726 00:34:14,757 --> 00:34:18,330 you know your son better than anyone in the world? 727 00:34:19,862 --> 00:34:20,932 Yes. 728 00:34:21,898 --> 00:34:24,402 Did you know he was capable of this? 729 00:34:29,973 --> 00:34:32,419 I have nothing further, Your Honor. 730 00:34:36,246 --> 00:34:40,695 MITCH: It started out kind of like a goof or something. 731 00:34:41,885 --> 00:34:45,264 Like somebody said, "I'm hungry," but we had no money. 732 00:34:46,590 --> 00:34:48,695 And we all started laughing 733 00:34:48,959 --> 00:34:50,701 and I don't know... 734 00:34:51,362 --> 00:34:53,899 Heather called, and we were just gonna take the food. 735 00:34:55,166 --> 00:34:57,806 But something more happened, didn't it? 736 00:35:01,506 --> 00:35:03,417 When the guy got there, 737 00:35:04,676 --> 00:35:07,680 Peter and Chris jumped out from behind two cars 738 00:35:08,079 --> 00:35:10,582 and threw this blanket over his head. 739 00:35:10,648 --> 00:35:12,719 And then he fell down the stairs. 740 00:35:13,284 --> 00:35:14,922 STANTON: He fell. 741 00:35:15,186 --> 00:35:16,494 Then what happened? 742 00:35:16,554 --> 00:35:18,330 We didn't know what to do. 743 00:35:18,390 --> 00:35:20,893 I mean, the guy was hurt pretty bad. 744 00:35:22,528 --> 00:35:25,372 That's when Peter started to get scared. 745 00:35:25,798 --> 00:35:27,175 We all did. 746 00:35:28,033 --> 00:35:30,843 And Peter said the guy saw his face. 747 00:35:31,771 --> 00:35:33,580 Him and Chris. 748 00:35:34,173 --> 00:35:36,153 And I don't know, 749 00:35:36,208 --> 00:35:37,619 everybody started freaking out, 750 00:35:37,676 --> 00:35:39,622 and it just happened. 751 00:35:40,780 --> 00:35:41,986 (SIGHS) 752 00:35:45,185 --> 00:35:47,324 How do you feel about it now? 753 00:35:48,155 --> 00:35:49,259 Bad. 754 00:35:50,791 --> 00:35:52,202 Really sorry. 755 00:35:52,959 --> 00:35:56,338 But I know whatever I say is not gonna make it better. 756 00:35:56,396 --> 00:35:57,568 Yeah. 757 00:35:59,766 --> 00:36:02,042 Did you talk to your folks about it? 758 00:36:03,870 --> 00:36:05,213 My mother. 759 00:36:05,739 --> 00:36:08,049 My father hasn't come to see me. 760 00:36:08,108 --> 00:36:09,678 My mother says that he wants to, 761 00:36:09,743 --> 00:36:11,883 but doesn't know what to say. 762 00:36:13,414 --> 00:36:17,157 Like she said, things have sort of been like that between us. 763 00:36:21,289 --> 00:36:24,600 What do you want, Mitch? What do you want to happen? 764 00:36:25,393 --> 00:36:26,667 I want... 765 00:36:27,929 --> 00:36:29,738 (SIGHS) I don't know. 766 00:36:30,431 --> 00:36:32,672 I just wish it hadn't happened. 767 00:36:33,101 --> 00:36:36,571 I mean, not just like right after my birthday like that. 768 00:36:37,738 --> 00:36:39,116 I'm sorry. 769 00:36:39,741 --> 00:36:41,152 I really am. 770 00:36:41,743 --> 00:36:43,086 Okay, son. 771 00:36:44,079 --> 00:36:45,183 Okay. 772 00:36:46,281 --> 00:36:47,919 JUDGE: Mr. McCoy. 773 00:36:49,451 --> 00:36:51,055 You're sorry it happened? 774 00:36:51,119 --> 00:36:52,154 MITCH: Yes. 775 00:36:52,221 --> 00:36:54,030 After your birthday like that? 776 00:36:54,756 --> 00:36:56,292 I'm just sorry it happened. 777 00:36:56,358 --> 00:36:58,861 And nothing you can say will make it better, is that right? 778 00:36:59,094 --> 00:37:00,095 I guess not. 779 00:37:00,162 --> 00:37:01,903 Not even the truth? 780 00:37:02,097 --> 00:37:03,132 What do you mean? 781 00:37:03,198 --> 00:37:05,109 I mean the truth about why you killed this man. 782 00:37:05,167 --> 00:37:06,203 Objection. 783 00:37:06,269 --> 00:37:07,907 JUDGE: Overruled. 784 00:37:09,506 --> 00:37:11,782 JACK: You were with Nick Simms inside the apartment 785 00:37:11,841 --> 00:37:14,082 when the blanket was thrown over Mr. Ngai's head, 786 00:37:14,143 --> 00:37:15,588 is that right? 787 00:37:15,645 --> 00:37:16,817 Yes. 788 00:37:16,880 --> 00:37:18,917 When you came outside, 789 00:37:19,215 --> 00:37:21,024 he was under the blanket? 790 00:37:21,084 --> 00:37:22,154 That's right. 791 00:37:22,218 --> 00:37:25,290 So who was it who said he'd seen your faces? 792 00:37:29,859 --> 00:37:31,736 It was you, wasn't it? 793 00:37:34,231 --> 00:37:36,006 But that wasn't possible. 794 00:37:36,834 --> 00:37:39,405 The fact is, it didn't matter to you 795 00:37:39,837 --> 00:37:42,374 whether he'd seen your faces or not. 796 00:37:44,642 --> 00:37:46,986 You wanted to kill him all along. 797 00:37:55,652 --> 00:37:57,131 JUDGE: I intend to instruct the jury 798 00:37:57,621 --> 00:37:59,225 that they should consider whether or not 799 00:37:59,289 --> 00:38:01,463 a sentence of death should be imposed, 800 00:38:01,526 --> 00:38:02,596 and whether or not 801 00:38:02,661 --> 00:38:04,538 a sentence of life imprisonment without parole 802 00:38:04,596 --> 00:38:05,939 should be imposed, 803 00:38:05,997 --> 00:38:08,307 and that they must be unanimous, beyond a reasonable doubt, 804 00:38:08,366 --> 00:38:09,572 as to either one. 805 00:38:09,634 --> 00:38:11,944 And in the event they're not unanimous, Your Honor? 806 00:38:12,003 --> 00:38:14,347 I'll tell them if they fail to reach agreement 807 00:38:14,406 --> 00:38:15,680 then I will sentence the defendant 808 00:38:15,740 --> 00:38:20,587 to a term of imprisonment, with a minimum term of 20 or 25 years 809 00:38:20,645 --> 00:38:22,818 and a maximum term of life. 810 00:38:23,481 --> 00:38:24,619 Your Honor, 811 00:38:24,683 --> 00:38:25,991 you tell those people there's a chance 812 00:38:26,051 --> 00:38:28,658 this boy might be back out on the streets some day, 813 00:38:28,721 --> 00:38:31,395 you play to their fears, to the worst in them. 814 00:38:31,457 --> 00:38:34,301 Until the Court of Appeals tells me otherwise, 815 00:38:34,360 --> 00:38:36,772 my hands are tied here, Counselor. 816 00:38:40,633 --> 00:38:41,805 Mr. McCoy, 817 00:38:41,867 --> 00:38:45,007 pursuant to the statute, you will deliver the first argument. 818 00:38:47,106 --> 00:38:48,847 Eighteen years old, 819 00:38:51,210 --> 00:38:52,587 and already 820 00:38:53,513 --> 00:38:55,925 a cold-blooded murder to his name. 821 00:38:57,784 --> 00:38:59,092 Because of his age 822 00:38:59,419 --> 00:39:02,400 defense counsel wants you to give him another chance. 823 00:39:02,456 --> 00:39:03,457 But the fact that 824 00:39:03,523 --> 00:39:08,233 he abandoned his responsibilities to all of us so quickly 825 00:39:08,929 --> 00:39:11,068 doesn't mitigate what he's done. 826 00:39:11,631 --> 00:39:14,475 It only makes it that much more frightening, 827 00:39:14,835 --> 00:39:18,112 because this teenager is the one who lives next door 828 00:39:19,106 --> 00:39:21,212 the one we see ourselves in. 829 00:39:21,276 --> 00:39:23,187 His act betrays us all. 830 00:39:25,046 --> 00:39:26,491 Somewhere that night, 831 00:39:26,547 --> 00:39:28,891 he ceased to be who we thought he was 832 00:39:29,517 --> 00:39:32,157 and instead became everything we fear. 833 00:39:36,424 --> 00:39:42,102 But his is not the only life being measured in this courtroom. 834 00:39:42,864 --> 00:39:46,778 Not the only face for you to remember here today. 835 00:39:47,369 --> 00:39:48,814 Imagine, if you will, 836 00:39:48,871 --> 00:39:51,010 the last moments of the victim's life. 837 00:39:51,073 --> 00:39:54,953 And when you do, imagine it not slipping away, 838 00:39:55,844 --> 00:39:57,323 but being beaten out of him. 839 00:39:58,580 --> 00:40:01,186 Mr. Ngai was a slight man, 840 00:40:01,517 --> 00:40:02,996 a family man. 841 00:40:03,419 --> 00:40:05,365 That night it was cold, 842 00:40:05,421 --> 00:40:06,661 raining. 843 00:40:06,922 --> 00:40:10,870 Mr. Ngai sent his wife home to be with their children. 844 00:40:13,128 --> 00:40:16,303 But he stayed to work for them. 845 00:40:19,302 --> 00:40:21,942 And when he arrived to make a delivery, 846 00:40:23,239 --> 00:40:24,843 he was set upon, 847 00:40:25,575 --> 00:40:27,248 thrown down a flight of stairs. 848 00:40:27,944 --> 00:40:29,685 A filthy blanket 849 00:40:29,746 --> 00:40:32,420 forced over his head to stifle his screams. 850 00:40:32,482 --> 00:40:33,961 Badly beaten, 851 00:40:35,919 --> 00:40:38,365 he vomited underneath the blanket, 852 00:40:39,689 --> 00:40:41,533 he breathed in his own blood. 853 00:40:41,992 --> 00:40:46,270 Yet, all the while, managed to plead for his life. 854 00:40:47,598 --> 00:40:50,943 But rather than evoke any sense of mercy, 855 00:40:51,735 --> 00:40:53,737 Mr. Ngai's desperation 856 00:40:54,638 --> 00:40:57,482 only provoked more viciousness 857 00:40:57,541 --> 00:40:58,747 in this defendant. 858 00:40:59,510 --> 00:41:03,253 A savagery that silenced his pleas 859 00:41:03,314 --> 00:41:05,760 by crushing his skull with a rock. 860 00:41:07,251 --> 00:41:09,493 As you think of this defendant, 861 00:41:09,988 --> 00:41:12,264 you may regret what might have been. 862 00:41:14,192 --> 00:41:16,331 But judge him for who he is. 863 00:41:18,196 --> 00:41:20,267 Forget what he looks like, 864 00:41:20,966 --> 00:41:22,968 and remember what he did. 865 00:41:28,573 --> 00:41:32,487 So, finally we come to it. 866 00:41:33,945 --> 00:41:37,860 Come to the decision not of who's so evil, 867 00:41:37,917 --> 00:41:41,660 so unredeemable we put them to death, 868 00:41:42,588 --> 00:41:44,090 but how young 869 00:41:44,156 --> 00:41:46,158 can we put them to death. 870 00:41:46,659 --> 00:41:50,106 At what age do even liberals throw in the towel? 871 00:41:52,498 --> 00:41:56,002 Down where I come from, down in Texas, it's 17. 872 00:41:57,336 --> 00:42:00,317 But up here, up here in the Big Apple 873 00:42:00,373 --> 00:42:05,187 y'all go and exercise your own blood lust to the ripe old age of 18. 874 00:42:05,312 --> 00:42:07,223 Not old enough to drink 875 00:42:07,414 --> 00:42:11,089 but apparently old enough to execute. 876 00:42:13,620 --> 00:42:18,501 So, how young can we do it? 877 00:42:20,861 --> 00:42:24,570 It all depends on what it is that makes a life worth saving. 878 00:42:26,099 --> 00:42:27,510 Is it a mother's love? 879 00:42:28,101 --> 00:42:29,775 A kind act? 880 00:42:29,838 --> 00:42:32,318 If that's all it is, then all of us are worth saving. 881 00:42:32,907 --> 00:42:34,352 But the law, 882 00:42:34,709 --> 00:42:37,417 the law doesn't require nearly that much. 883 00:42:38,379 --> 00:42:39,449 You see, 884 00:42:39,514 --> 00:42:41,790 the law only requires 885 00:42:42,250 --> 00:42:44,560 that there be some question, 886 00:42:44,619 --> 00:42:47,156 some reasonable doubt, 887 00:42:47,789 --> 00:42:50,167 as to the value of the life 888 00:42:50,225 --> 00:42:53,536 the prosecutor is asking you to take. 889 00:42:54,329 --> 00:42:56,742 Because it has to be definite, 890 00:42:56,799 --> 00:43:00,770 this willingness to put a boy to death. 891 00:43:01,704 --> 00:43:05,447 And the only trouble with that, is that at 18, 892 00:43:05,874 --> 00:43:07,945 nothing is definite. 893 00:43:09,378 --> 00:43:12,882 At 18, life is nothing but questions. 894 00:43:13,716 --> 00:43:17,289 In fact, can there be any doubt, any at all, 895 00:43:17,353 --> 00:43:19,697 that 20, 25 years from now 896 00:43:19,755 --> 00:43:21,257 this boy, if allowed to live, 897 00:43:21,323 --> 00:43:24,737 will be a different person from the one sitting before you today. 898 00:43:24,794 --> 00:43:26,831 Will he be a better person? 899 00:43:28,031 --> 00:43:29,510 I don't know. 900 00:43:32,802 --> 00:43:34,406 But the fact is, 901 00:43:37,240 --> 00:43:38,776 neither do you. 902 00:43:39,676 --> 00:43:41,212 Spare his life. 903 00:43:42,846 --> 00:43:44,325 Spare us all. 904 00:43:55,092 --> 00:43:58,369 JUDGE: I understand the jury has reached a verdict as to sentence. 905 00:43:58,429 --> 00:43:59,908 We have, Your Honor. 906 00:43:59,964 --> 00:44:01,534 I'll ask the defendant to rise. 907 00:44:03,534 --> 00:44:05,445 Render your verdict, Mr. Foreman. 908 00:44:05,970 --> 00:44:09,782 "As to the first count of the indictment, Murder in the First Degree," 909 00:44:09,840 --> 00:44:12,218 "the sentence of this jury is death" 910 00:44:12,443 --> 00:44:13,581 MRS. REGAN: No! 911 00:44:15,112 --> 00:44:16,648 No! 912 00:44:16,714 --> 00:44:19,286 (SOBBING) Please! 913 00:44:19,685 --> 00:44:22,393 Don't kill him! Don't kill him! 914 00:44:22,621 --> 00:44:25,431 No! Oh, my God! 915 00:44:41,206 --> 00:44:44,051 Stanton can probably drag this out for a long time. 916 00:44:44,410 --> 00:44:46,481 He may not have as much time as he hopes. 917 00:44:46,546 --> 00:44:47,991 Supreme Court's been consistently 918 00:44:48,047 --> 00:44:50,755 narrowing appeals for death row inmates. 919 00:44:50,817 --> 00:44:54,993 With any luck, we'll be able to strap him to a gurney before he's 21. 920 00:44:55,788 --> 00:44:57,893 God have mercy on our souls.