1 00:00:01,661 --> 00:00:03,685 In the criminal justice system, 2 00:00:03,685 --> 00:00:05,923 the people are represented by two separate 3 00:00:05,923 --> 00:00:07,725 yet equally important groups: 4 00:00:07,725 --> 00:00:09,663 The police who investigate crime... 5 00:00:09,663 --> 00:00:12,428 and the district attorneys who prosecute the offenders. 6 00:00:12,428 --> 00:00:13,991 These are their stories. 7 00:00:14,703 --> 00:00:16,465 Put me down for $10 on the Expos. 8 00:00:16,465 --> 00:00:18,698 Save some for groceries, big shot. 9 00:00:18,698 --> 00:00:21,138 I know, I know, Allie's been on my case. 10 00:00:21,541 --> 00:00:23,269 The baby's due in three weeks. 11 00:00:23,269 --> 00:00:25,902 Well, tell her you're investir in his future. 12 00:00:25,902 --> 00:00:27,035 Yeah, you tell her. 13 00:00:27,035 --> 00:00:29,511 Hey, I got me a bad Ford. 14 00:00:29,511 --> 00:00:32,140 Yeah? I got a Mercedes. 15 00:00:32,349 --> 00:00:34,339 Watch out for that grille, man. 16 00:00:34,339 --> 00:00:35,076 Too late, man. 17 00:00:35,076 --> 00:00:36,913 I already took out a headlight. 18 00:00:38,153 --> 00:00:39,245 This piece of crap, 19 00:00:39,245 --> 00:00:41,811 bust out a headlight, it's an improvement. 20 00:00:50,394 --> 00:00:52,294 Holy jeez. 21 00:00:59,300 --> 00:01:01,131 I already told him what. 22 00:01:01,131 --> 00:01:03,396 Pop! Pop! Pop! I don't know how many times. 23 00:01:03,396 --> 00:01:04,528 Like a car. 24 00:01:04,528 --> 00:01:05,765 What time was that? 25 00:01:05,765 --> 00:01:07,100 9:00 last night. 26 00:01:07,100 --> 00:01:08,868 Did you happen to look out your window? 27 00:01:08,868 --> 00:01:11,568 In this neighborhood, you don't wanna look too much. 28 00:01:11,568 --> 00:01:14,509 Thank you, Mrs. Pinsker. The officer'll see you home. 29 00:01:14,509 --> 00:01:17,740 Oh, don't bother. It would just attract attention. 30 00:01:19,748 --> 00:01:21,477 Tapped twice in the lower back. 31 00:01:21,477 --> 00:01:24,712 Eyes cloudy, rigor's set in. Say, 10 hours. 32 00:01:25,419 --> 00:01:28,216 Garland Booker, 21 years old. 33 00:01:28,988 --> 00:01:31,616 323 West 140th. $10. 34 00:01:32,390 --> 00:01:35,359 Plastic from Alexander's. Maybe his balance was overdue. 35 00:01:35,359 --> 00:01:37,416 Creditors are jumpy these days. 36 00:01:37,794 --> 00:01:39,226 Two entry wounds in the back. 37 00:01:39,226 --> 00:01:41,763 I doubt the shooter was under the car. 38 00:01:41,763 --> 00:01:44,663 Okay, so Mr. Booker got shot somewhere out here, 39 00:01:45,000 --> 00:01:47,627 climbed into his car to bleed to death. 40 00:01:47,627 --> 00:01:50,464 Keys were on the floor. Maybe he tried to start the car. 41 00:01:50,464 --> 00:01:53,127 What, he was gonna drive himself to the hospital? 42 00:01:53,127 --> 00:01:56,105 Sergeant, looks like somebody sprung a leak. 43 00:02:20,391 --> 00:02:22,790 Oh, yeah. A double-header. 44 00:02:23,593 --> 00:02:25,150 Big deal with a big gun. 45 00:02:25,150 --> 00:02:27,718 Looks like he crawled in here and died. 46 00:02:31,564 --> 00:02:33,429 Cecil Booker, 27. 47 00:02:34,867 --> 00:02:37,301 Somebody's pruning the family tree. 48 00:04:01,260 --> 00:04:03,091 These guys were brothers? 49 00:04:03,091 --> 00:04:04,958 Oh, yeah, chalk one up for genetics. 50 00:04:04,958 --> 00:04:06,724 Cecil was in for robbery, 51 00:04:06,724 --> 00:04:08,890 possession with intent, two assaults. 52 00:04:08,890 --> 00:04:12,958 Garland, grand theft auto, burglary, assault, possession. 53 00:04:13,368 --> 00:04:14,767 Mom must be very proud. 54 00:04:14,767 --> 00:04:16,929 The birth canal's not the only thing they shared. 55 00:04:16,929 --> 00:04:18,596 They were both killed by a. 38. 56 00:04:18,596 --> 00:04:20,037 Uh, and Cecil's. 45? 57 00:04:20,037 --> 00:04:21,165 Minus two bullets. 58 00:04:21,165 --> 00:04:22,731 Oh, great. So we had a firefight 59 00:04:22,731 --> 00:04:24,207 right in the middle of Dodge, 60 00:04:24,207 --> 00:04:25,368 and nobody saw anything. 61 00:04:25,368 --> 00:04:26,705 Businesses were still closed. 62 00:04:26,705 --> 00:04:28,871 We're gonna hit the neighborhood this afternoon. 63 00:04:28,871 --> 00:04:30,004 Well, that'd be helpful. 64 00:04:30,004 --> 00:04:32,014 While you're at it, maybe you could find out 65 00:04:32,014 --> 00:04:33,241 what these two uptown boys 66 00:04:33,241 --> 00:04:34,977 were doing downtown on Thursday night. 67 00:04:34,977 --> 00:04:36,881 28th and Lex, it's a hot corner. 68 00:04:36,881 --> 00:04:38,613 What do you think, a drug buy gone bad? 69 00:04:38,613 --> 00:04:40,449 Cecil had a crack pipe in his pocket. 70 00:04:40,449 --> 00:04:42,045 They both had priors. 71 00:04:42,045 --> 00:04:43,487 What about the car? 72 00:04:43,857 --> 00:04:47,792 It's registered to a Laticia Ramis. 73 00:04:49,094 --> 00:04:50,720 Girlfriend? Wife? 74 00:04:51,562 --> 00:04:53,461 Garland didn't do no drugs. 75 00:04:53,461 --> 00:04:56,327 He had himself a real job. He was a courier. 76 00:04:56,327 --> 00:04:58,025 What about this stuff? 77 00:04:58,025 --> 00:05:00,533 Did it fall off his delivery truck? 78 00:05:01,569 --> 00:05:03,934 You always blame us first when there's trouble. 79 00:05:03,934 --> 00:05:07,234 My Garland got killed. You don't care. 80 00:05:07,540 --> 00:05:09,302 We care about why he was downtown 81 00:05:09,302 --> 00:05:11,103 last night with his brother. 82 00:05:11,409 --> 00:05:13,137 Cecil owed him money. 83 00:05:14,111 --> 00:05:16,738 He said if Garland goes with him, he'd pay him back. 84 00:05:16,738 --> 00:05:18,075 Pay him back how? 85 00:05:18,075 --> 00:05:19,705 Cecil just said he knew a place 86 00:05:19,705 --> 00:05:22,012 where he could get all the jack he needed. 87 00:05:22,012 --> 00:05:23,983 You didn't ask him for particulars? 88 00:05:25,153 --> 00:05:26,949 How about what you suspected? 89 00:05:27,287 --> 00:05:30,084 I don't know. Cecil always talked big. 90 00:05:30,084 --> 00:05:33,352 He said he had a connection, this man he did time with. 91 00:05:33,591 --> 00:05:35,183 A name, Laticia? 92 00:05:37,060 --> 00:05:40,324 Marvin. Marvin Welles. 93 00:05:42,264 --> 00:05:44,289 Garland didn't know what it was about, 94 00:05:44,289 --> 00:05:46,458 or else he would've told me. 95 00:05:48,135 --> 00:05:50,898 Cecil owed everybody. He owed me. 96 00:05:51,404 --> 00:05:53,064 You a savings and loan? 97 00:05:53,064 --> 00:05:55,332 You know what kind of business I'm in. 98 00:05:55,332 --> 00:05:57,533 You're damn right. I'm just waitir for an excuse 99 00:05:57,533 --> 00:05:59,131 to toss this apartment. 100 00:05:59,131 --> 00:06:01,234 Cleanir lady's already been here. 101 00:06:01,234 --> 00:06:03,107 I'm spic and span. 102 00:06:03,107 --> 00:06:04,305 Cecil. 103 00:06:05,980 --> 00:06:07,880 Was he your partner? 104 00:06:07,880 --> 00:06:09,506 Not for a long time. 105 00:06:09,506 --> 00:06:11,483 Profits had a way of goir up in smoke 106 00:06:11,483 --> 00:06:13,041 when he was around. 107 00:06:14,587 --> 00:06:17,384 Look, everybody knows Cecil was no kind of player. 108 00:06:17,622 --> 00:06:20,317 Only buyir he did was for his own head. 109 00:06:22,192 --> 00:06:23,750 How much was he into you for? 110 00:06:23,750 --> 00:06:26,226 Enough that it wouldn't pay to kill him. 111 00:06:29,230 --> 00:06:34,292 Marvin, do you have a gun? 112 00:06:34,292 --> 00:06:37,233 I'm a felon, man. On parole. 113 00:06:37,837 --> 00:06:40,532 If I was gonna use a piece, I'd make it a throw-away. 114 00:06:40,532 --> 00:06:42,901 Of course, you're welcome to get a warrant. 115 00:06:42,901 --> 00:06:44,837 Maybe we will, Marvin. 116 00:06:45,508 --> 00:06:46,736 Anytime. 117 00:06:49,477 --> 00:06:52,104 Mr. Rhee, what time did you close last night? 118 00:06:52,379 --> 00:06:53,971 8:00, I'm gone. 119 00:06:53,971 --> 00:06:55,512 8:00? And you didn't see 120 00:06:55,512 --> 00:06:57,607 the blue Ford parked right out in front here? 121 00:06:57,607 --> 00:07:00,277 No. These guys, they're dead? 122 00:07:00,277 --> 00:07:02,114 As doornails. 123 00:07:02,653 --> 00:07:03,847 Good. 124 00:07:05,322 --> 00:07:06,983 They're bad dudes. 125 00:07:06,983 --> 00:07:08,489 You go around the corner, 126 00:07:08,489 --> 00:07:10,922 you could see them selling dope all day. 127 00:07:11,159 --> 00:07:12,490 These two? 128 00:07:12,490 --> 00:07:15,289 These guys, other guys. They're all bad. 129 00:07:15,289 --> 00:07:18,192 No, no, not other guys, these guys. 130 00:07:18,192 --> 00:07:20,027 You ever seen them before? 131 00:07:20,027 --> 00:07:22,089 Sure, they come in here all the time 132 00:07:22,089 --> 00:07:24,293 to get their suits pressed. 133 00:07:25,436 --> 00:07:27,801 Only one reason people like that come in here: 134 00:07:27,801 --> 00:07:29,600 To take my money. 135 00:07:29,873 --> 00:07:31,271 You've had problems? 136 00:07:31,773 --> 00:07:34,263 No problem. Just a solution. 137 00:07:37,577 --> 00:07:39,772 What, do you think I, uh, sit around, 138 00:07:39,772 --> 00:07:41,710 watch people walk by on the street all day? 139 00:07:41,710 --> 00:07:43,407 Your sign says you're open till 9:00. 140 00:07:43,407 --> 00:07:45,779 Yeah, you got a big net, you catch more fish. 141 00:07:45,779 --> 00:07:47,248 How were they bitir last night? 142 00:07:47,248 --> 00:07:49,251 Not good. I close at 8:00. 143 00:07:49,251 --> 00:07:53,482 Uh, it's a tough street. L... I make a big investment here. 144 00:07:53,482 --> 00:07:55,147 You mean like the fresh paint? 145 00:07:55,147 --> 00:07:57,986 Yeah, new paint, new sign, new alarm. 146 00:07:57,986 --> 00:07:59,457 The insurance company, 147 00:07:59,457 --> 00:08:01,584 every time somebody gets robbed on the street, 148 00:08:01,584 --> 00:08:02,821 they... they double us. 149 00:08:02,821 --> 00:08:06,262 I do everything they say, but, uh, still they... they raise me. 150 00:08:06,262 --> 00:08:08,093 I work hard to be a success, you know. 151 00:08:08,093 --> 00:08:09,962 Not like these bums. Excuse me. 152 00:08:13,669 --> 00:08:15,466 Another "no see, no hear." 153 00:08:15,466 --> 00:08:18,437 The neighborhood watch must have skipped this block. 154 00:08:18,437 --> 00:08:21,132 There's a lot of merchandise here won'th stealing. 155 00:08:21,132 --> 00:08:23,572 Cecil was talkir about payir back his debts. 156 00:08:23,572 --> 00:08:26,009 His sheet included armed robbery. 157 00:08:26,811 --> 00:08:27,937 Mr. Costas? 158 00:08:35,718 --> 00:08:37,742 Do you own a gun? 159 00:08:37,986 --> 00:08:40,681 What, are you gonna make us call the License Division? 160 00:08:40,681 --> 00:08:42,222 Yeah, okay, I got a gun. 161 00:08:42,222 --> 00:08:45,156 I also got a right to bear arms. Second Amendment. 162 00:08:45,725 --> 00:08:47,021 What kind of gun? 163 00:08:47,021 --> 00:08:48,216 .38. 164 00:08:49,128 --> 00:08:50,924 The gun and the permit, please. 165 00:09:09,942 --> 00:09:11,807 Christine. That's your wife, huh? 166 00:09:12,044 --> 00:09:14,807 Yeah. No, uh, green card until three months ago. 167 00:09:14,807 --> 00:09:16,778 No green card, no permit. 168 00:09:17,047 --> 00:09:18,173 So she obliged? 169 00:09:18,173 --> 00:09:20,112 Yes, she, uh, works in the store also. 170 00:09:20,112 --> 00:09:21,444 She keeps the books. 171 00:09:21,444 --> 00:09:23,848 Everybody in this neighborhood has a gun. 172 00:09:23,848 --> 00:09:25,613 We need for protection. 173 00:09:26,320 --> 00:09:27,617 We'd like your gun. 174 00:09:27,617 --> 00:09:29,119 Oh, yeah, right. 175 00:09:29,119 --> 00:09:31,223 What am I going to do with no gun? 176 00:09:31,223 --> 00:09:33,382 Call 911. That's your receipt. 177 00:09:33,959 --> 00:09:35,290 Thank you. 178 00:09:36,260 --> 00:09:39,194 These babies didn't come from your Mr. Costas' gun. 179 00:09:39,194 --> 00:09:40,659 It's the same caliber, 180 00:09:40,659 --> 00:09:44,130 but the slugs are right-fives and the gurs a right-six. 181 00:09:44,433 --> 00:09:45,956 Sorry, fellows. 182 00:09:48,269 --> 00:09:50,099 If you were scared of beir robbed, 183 00:09:50,099 --> 00:09:52,637 would you keep your gun squirreled away in the back? 184 00:09:52,637 --> 00:09:54,764 Unless I wanted early retirement, no. 185 00:09:54,764 --> 00:09:55,931 Me, neither. 186 00:09:55,931 --> 00:09:57,736 Helen, what's the number for Permits? 187 00:09:57,736 --> 00:09:59,207 Speed-dial, three. 188 00:10:01,144 --> 00:10:03,338 What's his wife's name again? 189 00:10:04,180 --> 00:10:06,443 No. No. We sold that other gun. 190 00:10:08,283 --> 00:10:10,750 Mr. Costas, you are testing our faith in humanity. 191 00:10:11,151 --> 00:10:12,947 Okay, am I under arrest? 192 00:10:13,286 --> 00:10:16,220 I know my rights, from citizens' class. 193 00:10:16,220 --> 00:10:18,617 You're not under arrest, okay? 194 00:10:18,823 --> 00:10:21,757 Now, the paint job, wherd you do it? 195 00:10:21,757 --> 00:10:23,258 Last weekend. 196 00:10:23,258 --> 00:10:25,759 No. It smells a little fresher than that. 197 00:10:25,759 --> 00:10:27,987 When we start diggir under this paint, 198 00:10:27,987 --> 00:10:30,155 what are we going to find? Bullets? 199 00:10:36,802 --> 00:10:38,962 All right. All right. 200 00:10:40,705 --> 00:10:42,262 They had guns. 201 00:10:43,273 --> 00:10:45,900 I think we'd all be more comfortable at the station. 202 00:10:45,900 --> 00:10:48,772 Okay, fine. I want to cooperate. Let's go. 203 00:10:51,879 --> 00:10:56,076 This one, he comes in first, about 8:30. 204 00:10:56,516 --> 00:10:59,916 He tries on Piaget, Ebel, Can'tier. 205 00:11:00,486 --> 00:11:02,680 He says to me, "Nice watch, little man." 206 00:11:02,680 --> 00:11:04,448 I knew he was going to take it. 207 00:11:04,448 --> 00:11:05,545 So he tried to steal it? 208 00:11:05,545 --> 00:11:07,180 No, he just left. 209 00:11:07,491 --> 00:11:09,958 About 9:00, he comes back with this one. 210 00:11:10,159 --> 00:11:11,648 You let them in? 211 00:11:11,648 --> 00:11:13,318 They were in the cage. 212 00:11:13,318 --> 00:11:15,453 The big one, he takes out his gun. 213 00:11:15,729 --> 00:11:18,561 What choice? I buzzed them in. 214 00:11:19,499 --> 00:11:21,523 Did you think about runnir in the back? 215 00:11:21,523 --> 00:11:23,431 What, I am Superman? 216 00:11:23,702 --> 00:11:25,760 These sons of a bitches had a gun. 217 00:11:25,760 --> 00:11:27,496 I should just let them kill me? 218 00:11:27,496 --> 00:11:30,266 No one is suggesting that, Mr. Costas. Please go on. 219 00:11:30,540 --> 00:11:32,302 So, you buzzed them in. 220 00:11:32,775 --> 00:11:35,174 My gun, I... I keep it by the button. 221 00:11:35,174 --> 00:11:38,109 So, you let them in, then you went for your gun? 222 00:11:38,109 --> 00:11:41,509 I don't want to shoot anybody, but they were in my store. 223 00:11:41,509 --> 00:11:44,446 My store. I have a right to self-defense. 224 00:11:44,749 --> 00:11:47,115 Can you tell us exactly what you did then? 225 00:11:48,619 --> 00:11:50,882 They shoot at me, I shoot back. 226 00:11:50,882 --> 00:11:52,079 I killed them. 227 00:11:52,922 --> 00:11:55,116 How'd the bodies get outside? 228 00:11:55,390 --> 00:11:57,687 They ran out there. They died there. 229 00:11:58,626 --> 00:12:01,719 Mr. Costas, why didn't you call the police right away? 230 00:12:01,719 --> 00:12:05,591 I know. I know it was wrong. But you don't understand. 231 00:12:07,031 --> 00:12:08,589 Goetz, I remember Goetz. 232 00:12:08,589 --> 00:12:10,963 Big hero, then you put him in jail. 233 00:12:10,963 --> 00:12:12,501 The circumstances were different. 234 00:12:12,501 --> 00:12:14,126 That's what you say. 235 00:12:14,126 --> 00:12:16,033 But Immigration, what will they say? 236 00:12:16,033 --> 00:12:17,731 I am not a citizen. 237 00:12:17,731 --> 00:12:19,967 I got the card, I go to the classes, 238 00:12:19,967 --> 00:12:22,905 but till I swear in front of the flag, it's nothing. 239 00:12:22,905 --> 00:12:23,999 Nothing. 240 00:12:23,999 --> 00:12:26,443 For six years, I work to get here. 241 00:12:26,878 --> 00:12:30,608 Now I lose everything because these bastards want to rob me? 242 00:12:32,550 --> 00:12:34,915 Granted, the cover-up doesn't work in his favor, 243 00:12:34,915 --> 00:12:37,451 but in his shoes, what does a guy off the boat know? 244 00:12:37,451 --> 00:12:39,578 Enough to blow smoke in our face for a day-and-a-half. 245 00:12:39,578 --> 00:12:41,713 Well, what about his story? Does it walk and talk? 246 00:12:41,713 --> 00:12:44,222 With a limp and an accent. But after what he's been through, 247 00:12:44,222 --> 00:12:46,781 you can expect this guy to be a little fuzzy on the details. 248 00:12:46,781 --> 00:12:50,419 Okay, work the store. Maybe the "I's" will dot themselves. 249 00:12:53,397 --> 00:12:55,092 Two. 45s from Cecil. 250 00:12:55,799 --> 00:12:57,265 Three. 38s from Costas. 251 00:12:57,265 --> 00:12:59,732 Not to mention the three we dug out of the Bookers. 252 00:12:59,732 --> 00:13:02,167 One of these must be the one that went through Garland. 253 00:13:02,167 --> 00:13:04,134 That makes a total of six. 254 00:13:04,134 --> 00:13:06,672 Which means Costas emptied his gun. 255 00:13:07,841 --> 00:13:11,537 Now, he could have retreated and ducked behind the counter. 256 00:13:12,077 --> 00:13:14,067 Even Carl Lewis can't outrun a bullet. 257 00:13:14,067 --> 00:13:15,669 So, he chooses to step to the buzzer, 258 00:13:15,669 --> 00:13:17,076 which is right next to his gun... 259 00:13:17,076 --> 00:13:18,478 another life choice. 260 00:13:18,478 --> 00:13:20,582 He figures he's too young to die. 261 00:13:20,582 --> 00:13:22,980 He does what he's told. Lets them in. 262 00:13:27,788 --> 00:13:29,982 So, he's gonna wait till they get in the store 263 00:13:29,982 --> 00:13:31,114 and then shoot 'em? 264 00:13:31,114 --> 00:13:33,749 I doubt if he was thinking it through. 265 00:13:35,826 --> 00:13:37,794 I don't think he had to. 266 00:13:41,698 --> 00:13:43,722 He said he buzzed them in, 267 00:13:43,932 --> 00:13:46,161 shootir starts, they run out. 268 00:13:46,501 --> 00:13:48,833 What did he do, buzz them out? 269 00:13:50,470 --> 00:13:52,097 Maybe one of 'em held it open. 270 00:13:52,097 --> 00:13:54,002 That's not what he told us. 271 00:13:54,306 --> 00:13:56,034 He never let them in, Phil. 272 00:13:56,034 --> 00:13:58,870 He went right for his gun. Fish in a barrel. 273 00:13:59,309 --> 00:14:01,641 They were stuck in the damn cage. 274 00:14:06,515 --> 00:14:09,039 "Docket number 774-124. 275 00:14:09,039 --> 00:14:11,345 People versus George R. Costas." 276 00:14:11,345 --> 00:14:14,818 The charges are two counts of murder in the second degree. 277 00:14:15,121 --> 00:14:16,883 Give us a plea, Mr. Costas. 278 00:14:17,089 --> 00:14:18,680 Not guilty, Judge. 279 00:14:19,123 --> 00:14:20,784 Your Honor, in view of the severity 280 00:14:20,784 --> 00:14:22,256 of the crimes charged, 281 00:14:22,256 --> 00:14:24,623 the State asks for bail in the amount of $750,000. 282 00:14:24,623 --> 00:14:26,058 That's fine. Let's skip the trial 283 00:14:26,058 --> 00:14:27,789 and go right to the sentencing. 284 00:14:27,789 --> 00:14:29,625 Mr. Costas controls an inventory 285 00:14:29,625 --> 00:14:30,994 of well over $1 million. 286 00:14:30,994 --> 00:14:33,624 That's retail, Your Honor, most of it on consignment. 287 00:14:33,624 --> 00:14:35,894 The actual cash value of my client's assets... 288 00:14:35,894 --> 00:14:39,528 Please, Mr. Drakos, this is not Benny's Bargain House. 289 00:14:41,406 --> 00:14:43,100 Claims justifiable homicide. 290 00:14:43,100 --> 00:14:45,641 Mr. Robinette, what's the outlook on pleading this out? 291 00:14:45,641 --> 00:14:47,642 The People are still reviewing the evidence. 292 00:14:47,642 --> 00:14:49,404 We aren't prepared to make an offer yet. 293 00:14:49,404 --> 00:14:50,638 What is there to review? 294 00:14:50,638 --> 00:14:52,178 Your case is like a bad haircut. 295 00:14:52,178 --> 00:14:53,907 Before you waste the taxpayers' money, 296 00:14:53,907 --> 00:14:56,244 try to work something out with Mr. Drakos. 297 00:14:56,244 --> 00:14:57,305 Your Honor... 298 00:14:57,305 --> 00:14:59,613 Bail is set at $100,000. Next. 299 00:14:59,952 --> 00:15:02,317 It doesn't matter how we slice and dice him. 300 00:15:02,317 --> 00:15:04,218 The jury won't buy him as a vigilante. 301 00:15:04,218 --> 00:15:05,481 They'll buy him as a killer 302 00:15:05,481 --> 00:15:07,717 once they know he lied to the police at every pass. 303 00:15:07,717 --> 00:15:09,519 Last time he had his face in the papers, 304 00:15:09,519 --> 00:15:11,354 gang-bangers tried to kill him. 305 00:15:11,354 --> 00:15:12,654 The jury might conclude, 306 00:15:12,654 --> 00:15:15,354 covering up his involvement this time wasrt unreasonable. 307 00:15:15,354 --> 00:15:17,021 We can point out it's not unreasonable 308 00:15:17,021 --> 00:15:18,654 as a function of guilt, either. 309 00:15:18,654 --> 00:15:21,028 A jury'll expect more than rhetoric. 310 00:15:21,366 --> 00:15:23,732 Grand jury found it convincing enough. 311 00:15:24,169 --> 00:15:26,693 Yeah, 13 out of 23 isn't exactly a ringing endorsement. 312 00:15:27,104 --> 00:15:29,196 Are we gonna step on the bodies and keep walking? 313 00:15:29,196 --> 00:15:31,206 This is the second and third person he's killed. 314 00:15:31,206 --> 00:15:34,241 Self-defense doesn't allow you to kill somebody. 315 00:15:34,241 --> 00:15:37,038 Only to keep yourself from being killed. 316 00:15:37,378 --> 00:15:40,743 It also doesn't leave room for prosecutorial suicide. 317 00:15:47,118 --> 00:15:48,516 What if Cerreta's right? 318 00:15:48,516 --> 00:15:51,577 Garland was about to attack Costas with a crowbar? 319 00:15:52,355 --> 00:15:54,015 Try it the other way around, Paul. 320 00:15:54,015 --> 00:15:56,819 Maybe Garland was acting in self-defense. 321 00:15:59,627 --> 00:16:02,220 Garland and his brother were the initial aggressors. 322 00:16:02,220 --> 00:16:04,023 No way he could claim self-defense. 323 00:16:04,023 --> 00:16:05,358 He could the minute he withdrew 324 00:16:05,358 --> 00:16:06,830 from the first encounter. 325 00:16:06,830 --> 00:16:08,866 After that, he was at the car. 326 00:16:08,866 --> 00:16:11,867 And it's inconceivable that Costas could mistake the fact 327 00:16:11,867 --> 00:16:13,799 that Garland was trying to get away. 328 00:16:13,799 --> 00:16:16,133 Now, I don't mind people getting accolades 329 00:16:16,133 --> 00:16:17,364 for legitimate self-defense, 330 00:16:17,364 --> 00:16:20,703 but an executioner? Someone who kills two people, 331 00:16:20,703 --> 00:16:23,571 and then complains about his insurance rates? 332 00:16:23,571 --> 00:16:24,974 For people like him, 333 00:16:24,974 --> 00:16:27,204 maybe that's the cost of doing business these days. 334 00:16:27,204 --> 00:16:29,907 He says he did everything to lower his insurance rates. 335 00:16:29,907 --> 00:16:32,176 My homeowner's policy gives discounts 336 00:16:32,176 --> 00:16:34,149 for having security devices. 337 00:16:36,586 --> 00:16:39,418 It says here all he had was a security cage. 338 00:16:39,822 --> 00:16:41,516 If he was so concerned about his safety, 339 00:16:41,516 --> 00:16:43,022 why didn't he have the works? 340 00:16:43,022 --> 00:16:44,580 He says he did. 341 00:16:45,525 --> 00:16:48,015 Security device covers a lot of ground. 342 00:16:48,015 --> 00:16:49,788 Could be a camera, could be a dog, 343 00:16:49,788 --> 00:16:51,419 could even be a deadbolt. 344 00:16:51,419 --> 00:16:52,588 For a $200 discount? 345 00:16:52,588 --> 00:16:54,324 Is that what his policy says he got? 346 00:16:54,324 --> 00:16:56,422 Each quarter, starting last year. 347 00:16:56,422 --> 00:17:00,730 There he is. Costas, George. 100628th. 348 00:17:00,936 --> 00:17:03,267 Put in a security cage two years ago. 349 00:17:03,738 --> 00:17:07,605 Last November, he got a Tracon Five surveillance system. 350 00:17:07,605 --> 00:17:10,141 One camera, one 48-hour continuous tape machine. 351 00:17:10,141 --> 00:17:12,541 Our investigators didn't find evidence of a camera. 352 00:17:12,541 --> 00:17:14,669 Do you have a proof of purchase? 353 00:17:23,385 --> 00:17:26,012 Installed by Fortas Electronics, Fort Lee, 354 00:17:26,012 --> 00:17:27,576 New Jersey, November 15. 355 00:17:27,576 --> 00:17:28,986 Help yourself to the copier. 356 00:17:28,986 --> 00:17:30,352 Thanks. 357 00:17:31,691 --> 00:17:34,488 How the hell do I know if he had a camera? 358 00:17:35,093 --> 00:17:37,287 I've been to his store twice. 359 00:17:37,595 --> 00:17:39,755 What do I have, a photographic brain? 360 00:17:39,755 --> 00:17:41,763 Maybe this'll jog your memory. 361 00:17:41,763 --> 00:17:44,526 According to this, he bought the camera from you. 362 00:17:47,135 --> 00:17:50,069 George is family. He wanted to save a few bucks. 363 00:17:50,069 --> 00:17:53,230 He needed a piece of paper, I gave it to him. So what? 364 00:17:53,673 --> 00:17:55,606 The "what" is insurance fraud, sir. 365 00:17:55,606 --> 00:17:56,698 A D felony. 366 00:17:56,698 --> 00:17:58,901 If you can prove it, slap his wrist. 367 00:17:58,901 --> 00:18:00,204 What the hell is this? 368 00:18:00,204 --> 00:18:02,767 A bill of indictment. Accomplice to murder two. 369 00:18:02,767 --> 00:18:05,040 I'm allowed to present my side to the grand jury. 370 00:18:05,040 --> 00:18:06,307 I haven't filed yet. 371 00:18:06,307 --> 00:18:08,474 We can walk down to the grand jury room. 372 00:18:08,474 --> 00:18:10,642 If I find your prints on that camera, Mr. Fortas, 373 00:18:10,642 --> 00:18:12,480 that's what you'll be facing. 374 00:18:22,225 --> 00:18:23,556 All right. 375 00:18:24,127 --> 00:18:26,458 I sold him the camera, like the paper says. 376 00:18:26,458 --> 00:18:28,721 Was it working the night of the robbery? 377 00:18:28,721 --> 00:18:30,321 Yeah, I guess so. 378 00:18:31,599 --> 00:18:33,122 He called me right after. 379 00:18:33,122 --> 00:18:34,895 Asked me if he should get rid of it. 380 00:18:34,895 --> 00:18:36,195 Of what? 381 00:18:37,570 --> 00:18:38,831 The tape. 382 00:18:39,771 --> 00:18:41,500 I told him, "George, 383 00:18:41,500 --> 00:18:44,370 take the freaking camera down and talk to a lawyer." 384 00:18:44,575 --> 00:18:46,235 He got hysterical. 385 00:18:46,743 --> 00:18:49,677 He'd already seen his wife nearly get killed. 386 00:18:51,313 --> 00:18:54,076 Those people, they drove him to this. 387 00:18:55,749 --> 00:18:57,649 Which people are those? 388 00:19:00,386 --> 00:19:01,750 Poor stiff. 389 00:19:02,487 --> 00:19:04,716 He should have stayed in Crete. 390 00:19:05,689 --> 00:19:07,782 Unless you produce the tape, Mr. Costas, 391 00:19:07,782 --> 00:19:10,087 you've bought yourself a ferry ride to Riker's. 392 00:19:10,087 --> 00:19:11,819 Cancel the reservation, Ben. 393 00:19:11,819 --> 00:19:14,191 My client's made no admission there ever was a tape. 394 00:19:14,191 --> 00:19:16,855 He already has. To his brother-in-law. 395 00:19:17,098 --> 00:19:18,359 And if you destroyed it, 396 00:19:18,359 --> 00:19:19,898 that's tampering with evidence. 397 00:19:19,898 --> 00:19:23,627 That's small potatoes, but it could get your bail revoked. 398 00:19:24,602 --> 00:19:26,035 I have the tape. 399 00:19:26,304 --> 00:19:28,100 I advised against destroying it. 400 00:19:28,100 --> 00:19:30,901 We don't need to tamper with evidence to make the case. 401 00:19:30,901 --> 00:19:32,768 Don't expect a pat on the back. 402 00:19:32,768 --> 00:19:35,401 I'll send a messenger over to pick it up. 403 00:19:57,392 --> 00:19:59,257 So much for the ticker-tape parade. 404 00:19:59,257 --> 00:20:01,191 Well, I'll tell ya', If I were on the jury, 405 00:20:01,191 --> 00:20:03,525 I'm not sure which side I'd come down on. 406 00:20:03,525 --> 00:20:05,063 I think it's self-evident. 407 00:20:05,063 --> 00:20:08,122 He reloads and he goes outside to finish off Garland Booker. 408 00:20:08,122 --> 00:20:09,495 I don't see that on there. 409 00:20:09,495 --> 00:20:11,693 He goes outside. That's as far as it goes. 410 00:20:11,693 --> 00:20:14,328 We can infer what happened outside from the evidence. 411 00:20:14,328 --> 00:20:16,167 An ME's report and slim ballistics? 412 00:20:16,167 --> 00:20:18,331 You'd never buy that as evidence from us. 413 00:20:18,331 --> 00:20:20,738 Oh, not without the statements Costas made to you. 414 00:20:20,738 --> 00:20:22,070 What statements? 415 00:20:22,070 --> 00:20:24,770 He never said anything about shooting anybody outside. 416 00:20:24,770 --> 00:20:26,140 He covered up. He lied. 417 00:20:26,140 --> 00:20:28,475 Lies show consciousness of guilt. 418 00:20:31,048 --> 00:20:32,845 The jury might never hear it. 419 00:20:33,117 --> 00:20:34,481 Motion to suppress. 420 00:20:34,785 --> 00:20:37,014 Covers the statements he made to the police 421 00:20:37,014 --> 00:20:39,520 and all evidence derived therefrom. 422 00:20:39,755 --> 00:20:43,019 When you first interviewed Costas at the station, 423 00:20:44,158 --> 00:20:45,591 did you Mirandize him? 424 00:20:45,893 --> 00:20:48,486 No. He wasrt in custody. 425 00:20:48,895 --> 00:20:50,327 He says he was. 426 00:20:55,132 --> 00:20:56,996 He was asked to come to the precinct. 427 00:20:56,996 --> 00:20:59,500 He was placed in a coercive environment. 428 00:20:59,500 --> 00:21:01,058 He was questioned by the police 429 00:21:01,058 --> 00:21:02,603 for one-and-a-half hours. 430 00:21:02,603 --> 00:21:05,434 The court of appeals has a word for that. "Custody." 431 00:21:05,434 --> 00:21:06,972 And custody means Miranda. 432 00:21:06,972 --> 00:21:08,973 Mr. Costas was not under arrest. 433 00:21:08,973 --> 00:21:10,531 He was free to leave at any time. 434 00:21:10,531 --> 00:21:13,099 Your Honor, the test is what any reasonable person 435 00:21:13,099 --> 00:21:15,339 in my client's position would have thought. 436 00:21:15,339 --> 00:21:18,438 A person who is unfamiliar with the laws of this country. 437 00:21:18,438 --> 00:21:21,176 A person who was already questioned by the police. 438 00:21:21,176 --> 00:21:23,615 A person who voluntarily accompanied the officers 439 00:21:23,615 --> 00:21:24,982 to the station house, 440 00:21:24,982 --> 00:21:26,383 a person who was not in custody, 441 00:21:26,383 --> 00:21:28,445 and not entitled to Miranda warnings. 442 00:21:28,445 --> 00:21:31,285 That might satisfy the Supreme Court, Mr. Stone, 443 00:21:31,285 --> 00:21:33,950 but the state of New York takes a more generous view 444 00:21:33,950 --> 00:21:36,858 of the protections of counsel awarded a defendant. 445 00:21:36,858 --> 00:21:39,359 I'm going to grant your motion, Mr. Drakos. 446 00:21:39,359 --> 00:21:42,432 The statements Mr. Costas made to the police are suppressed. 447 00:21:42,432 --> 00:21:44,489 Your Honor, the tape was discovered as a result 448 00:21:44,489 --> 00:21:46,693 of my client's statements to the police. 449 00:21:46,693 --> 00:21:48,736 Spontaneous pre-custodial statements 450 00:21:48,736 --> 00:21:52,498 made before the police had reason to suspect Mr. Costas. 451 00:21:52,498 --> 00:21:55,130 They even have signed affidavits to that effect. 452 00:21:55,130 --> 00:21:57,175 I've read them. I agree. 453 00:21:57,576 --> 00:21:59,634 The statements go, the rest stays. 454 00:22:01,345 --> 00:22:03,608 Well, so much for the thousand words. 455 00:22:03,913 --> 00:22:06,676 Better hope the picture speaks for itself. 456 00:22:09,317 --> 00:22:10,545 Look, the bottom line is, 457 00:22:10,545 --> 00:22:12,380 the Bookers never got out of the cage. 458 00:22:12,380 --> 00:22:14,317 Our Mr. Costas jumped the gun. 459 00:22:14,317 --> 00:22:15,717 Miss manners never said 460 00:22:15,717 --> 00:22:17,722 you have to give the bad guys a head start. 461 00:22:17,722 --> 00:22:20,121 Not to mention a couple of slugs behind the counter 462 00:22:20,121 --> 00:22:22,124 makes a good argument for self-defense. 463 00:22:22,124 --> 00:22:23,216 What does Costas say? 464 00:22:23,216 --> 00:22:24,885 He denies they were still in the cage 465 00:22:24,885 --> 00:22:26,155 when the shooting started. 466 00:22:26,155 --> 00:22:28,254 The more he tells us, the longer his nose gets. 467 00:22:28,254 --> 00:22:31,163 Haitians aren't the only ones afraid of the INS. 468 00:22:31,163 --> 00:22:34,326 His concern over his citizenship could be genuine. 469 00:22:34,326 --> 00:22:37,163 I'll start presentations to the grand jury, 470 00:22:37,163 --> 00:22:39,227 but I'll delay the vote until you guys 471 00:22:39,227 --> 00:22:41,465 give me something one way or the other. 472 00:22:41,465 --> 00:22:42,767 See you. All right. 473 00:22:47,377 --> 00:22:50,573 Well, he stays open longer than anybody else, 474 00:22:50,880 --> 00:22:54,315 he's got two guns, he's got a cage. 475 00:22:54,616 --> 00:22:57,106 Maybe he figures he'll field the first foul ball 476 00:22:57,106 --> 00:22:58,673 that comes through the door. 477 00:22:58,673 --> 00:23:00,412 You take him for Charlie Bronson? 478 00:23:00,412 --> 00:23:01,782 Everybody's got a role model. 479 00:23:01,782 --> 00:23:04,980 Yeah, well, a witness might be a little more useful. 480 00:23:05,222 --> 00:23:08,054 You say he keeps one of the guns in the back of the store? 481 00:23:08,054 --> 00:23:10,284 That's where his wife does the books. 482 00:23:10,284 --> 00:23:12,759 Uh-huh. And she has Thursdays off? 483 00:23:14,363 --> 00:23:16,387 They have a saying in Greece: 484 00:23:16,631 --> 00:23:20,088 "The one who doesn't stand up, others bury alive." 485 00:23:21,901 --> 00:23:23,368 So as far as you're concerned, 486 00:23:23,368 --> 00:23:25,095 your husband did the right thing? 487 00:23:25,095 --> 00:23:27,603 As far as everybody on that street is concerned. 488 00:23:27,603 --> 00:23:29,639 It's not like you were there to protect him. 489 00:23:29,639 --> 00:23:31,969 Could you tell us what you were doing Thursday night? 490 00:23:31,969 --> 00:23:34,531 I was visiting my parents in Jersey. 491 00:23:34,843 --> 00:23:36,834 Look, we're not the criminals here. 492 00:23:36,834 --> 00:23:38,842 Mrs. Costas, justified or not, 493 00:23:38,842 --> 00:23:40,608 your husband did kill two people. 494 00:23:40,608 --> 00:23:42,272 Do you see us celebrating? 495 00:23:42,272 --> 00:23:45,282 You people are hounding him like he did something wrong. 496 00:23:45,282 --> 00:23:47,079 He had to defend himself. 497 00:23:47,079 --> 00:23:49,585 You don't know what it's like, this business. 498 00:23:49,585 --> 00:23:51,985 Go downtown, talk to the merchants on our block. 499 00:23:51,985 --> 00:23:53,317 We all look out for each other. 500 00:23:53,317 --> 00:23:55,152 Now, that's because of George. 501 00:23:55,152 --> 00:23:57,851 He and the Koreans organized everybody. 502 00:23:58,259 --> 00:24:01,455 Down there, we know who the criminals are. 503 00:24:03,397 --> 00:24:05,261 Makes me feel all warm inside 504 00:24:05,261 --> 00:24:07,060 to know that some well-armed yahoos 505 00:24:07,060 --> 00:24:08,724 are keeping our streets safe. 506 00:24:08,724 --> 00:24:10,891 Isn't self-reliance supposed to be a virtue? 507 00:24:10,891 --> 00:24:12,799 Maybe they take the mutual protection oath 508 00:24:12,799 --> 00:24:14,097 one step further. 509 00:24:14,097 --> 00:24:17,104 The dry cleaner, he looks like he'd be pretty handy with a paintbrush. 510 00:24:17,104 --> 00:24:18,662 He said he closed at 8:00, remember? 511 00:24:18,662 --> 00:24:20,832 Come on. By the time he turns off the machine, 512 00:24:20,832 --> 00:24:23,604 counts up the day's receipts, it's maybe 8:30, 9:00. 513 00:24:23,604 --> 00:24:26,237 Just in time to see his pal Costas get in trouble. 514 00:24:33,451 --> 00:24:35,850 Everybody was gone at 8:00. 515 00:24:35,850 --> 00:24:38,478 Mr. Rhee, covering up a crime makes you an accessory. 516 00:24:38,478 --> 00:24:40,180 I'm no accessory. 517 00:24:40,388 --> 00:24:43,118 But if I'd been there, I would have helped. 518 00:24:43,118 --> 00:24:44,919 The police don't help us. 519 00:24:44,919 --> 00:24:48,084 With people like Mr. Costas, we don't worry so much. 520 00:24:48,084 --> 00:24:49,218 He's a hero. 521 00:24:49,218 --> 00:24:51,159 Shooting down two guys in a cage? 522 00:24:51,159 --> 00:24:52,787 You give medals for that around here? 523 00:24:52,787 --> 00:24:54,558 George knows how to handle those bums. 524 00:24:54,558 --> 00:24:56,190 He did it in Fort Lee. 525 00:24:56,190 --> 00:24:57,665 He did what? 526 00:24:57,665 --> 00:25:00,896 He showed us pictures. Newspaper pictures. 527 00:25:01,437 --> 00:25:03,666 He didn't show us any pictures. 528 00:25:05,073 --> 00:25:07,267 Maybe you can tell us about Fort Lee. 529 00:25:07,267 --> 00:25:10,102 He had a store there. That's all I know. 530 00:25:12,211 --> 00:25:14,337 Some guys, they got a cloud over their heads. 531 00:25:14,337 --> 00:25:16,436 Like that guy in Li'I Abner, what's his name? 532 00:25:16,436 --> 00:25:18,378 George Costas. Him, too. 533 00:25:18,378 --> 00:25:19,745 Guy was open less than a year 534 00:25:19,745 --> 00:25:21,613 when three kids do a smash-and-grab on him. 535 00:25:21,613 --> 00:25:23,275 Are robbery's so unusual in Fort Lee? 536 00:25:23,275 --> 00:25:24,751 No. But eight months later, 537 00:25:24,751 --> 00:25:27,185 some cracked-up mutt walks in with a sawed-off. 538 00:25:27,185 --> 00:25:29,915 This time Costas drops him. One shot. We get there, 539 00:25:29,915 --> 00:25:32,787 the mutt has a one-lane tunnel through his forehead. 540 00:25:32,787 --> 00:25:35,884 Costas is sitting there with a "Look what I done, Ma" grin on his face. 541 00:25:35,884 --> 00:25:36,949 You file charges? 542 00:25:36,949 --> 00:25:38,552 For what? Lack of remorse? 543 00:25:38,552 --> 00:25:40,096 You're talkir about a local hero. 544 00:25:40,096 --> 00:25:41,824 Besides, there was an eyewitness. 545 00:25:41,824 --> 00:25:43,922 Nick Fortas. Is that Greek? 546 00:25:43,922 --> 00:25:46,900 Brother-in-law. Saw the whole thing go down. 547 00:25:47,602 --> 00:25:50,593 And brother-in-laws don't have reasons to lie. 548 00:25:53,473 --> 00:25:55,634 First time, they took $8,000 in watches. 549 00:25:55,634 --> 00:25:57,504 I told George what he could do about it. 550 00:25:57,504 --> 00:25:59,941 That wouldn't be voting for more police, would it? 551 00:25:59,941 --> 00:26:01,568 For all the good that does. 552 00:26:01,568 --> 00:26:02,942 I took him down to the range, 553 00:26:02,942 --> 00:26:04,537 fixed him up with an equalizer. 554 00:26:04,537 --> 00:26:06,808 Never fired a gun before in his life. 555 00:26:06,808 --> 00:26:09,439 In Greece, they got weapons laws up the ying-yang. 556 00:26:09,439 --> 00:26:11,576 Nice to know we live in a civilized country. 557 00:26:11,576 --> 00:26:12,983 You're damn right. 558 00:26:12,983 --> 00:26:14,384 Anyway, this Saturday, 559 00:26:14,384 --> 00:26:16,751 this gorilla walks in, tries to rip him off. 560 00:26:16,751 --> 00:26:18,551 George puts one between the eyebrows, 561 00:26:18,551 --> 00:26:20,250 just like I taught him. 562 00:26:21,459 --> 00:26:23,517 According to the report, you were in the store 563 00:26:23,517 --> 00:26:25,027 when the robbery occurred. 564 00:26:25,262 --> 00:26:27,058 I was in the back, putting in a computer. 565 00:26:27,058 --> 00:26:29,620 So you never saw the actual shooting? 566 00:26:29,965 --> 00:26:32,159 I saw what needed to be seen. 567 00:26:32,633 --> 00:26:33,998 You talk to him this week? 568 00:26:33,998 --> 00:26:35,295 Sure, we're family. 569 00:26:35,295 --> 00:26:36,858 So he told you what happened. 570 00:26:36,858 --> 00:26:38,028 What is it with you guys? 571 00:26:38,028 --> 00:26:40,401 Somebody does your job for you, you jump all over him? 572 00:26:40,401 --> 00:26:42,496 Look, Mr. Fortas, we're only concerned because 573 00:26:42,496 --> 00:26:44,632 some of the things your brother-in-law told us 574 00:26:44,632 --> 00:26:45,697 don't add up. 575 00:26:45,697 --> 00:26:48,767 Like he never said word one about the fireworks over here. 576 00:26:48,767 --> 00:26:52,370 You ask around here... every small businessman I know, 577 00:26:52,370 --> 00:26:54,108 would do exactly what George did. 578 00:26:54,108 --> 00:26:56,011 Present company included? 579 00:26:56,011 --> 00:26:57,550 Anyone tries to jack me up, 580 00:26:57,550 --> 00:26:59,676 they'll find out in a heartbeat. 581 00:27:01,254 --> 00:27:02,447 He packs up his guns 582 00:27:02,447 --> 00:27:05,921 and moves across the river to a target-rich environment. 583 00:27:05,921 --> 00:27:07,252 Doesrt sound like a guy 584 00:27:07,252 --> 00:27:08,984 looking for peace and quiet to me. 585 00:27:08,984 --> 00:27:10,492 Try fame and fortune. 586 00:27:10,492 --> 00:27:12,857 Yeah, maybe more than fame and fortune. 587 00:27:12,857 --> 00:27:15,122 The guy just got off the red-eye from Athens. 588 00:27:15,122 --> 00:27:16,925 He's struggling to make a buck. 589 00:27:16,925 --> 00:27:19,557 What's the first thing that makes Amos famous? 590 00:27:19,557 --> 00:27:21,623 What, he figures if shooting one guy paid off, 591 00:27:21,623 --> 00:27:23,566 shooting two gets him a ticker-tape parade? 592 00:27:23,566 --> 00:27:25,535 He works late, he works alone. 593 00:27:25,870 --> 00:27:28,064 You think he was a sitting duck by accident? 594 00:27:28,064 --> 00:27:29,264 Yes, I do. 595 00:27:29,264 --> 00:27:31,670 And I think you're breaking a lot of rock over this guy. 596 00:27:31,670 --> 00:27:34,732 Guns, Phil. Everybody's gotta have one, right? 597 00:27:34,976 --> 00:27:36,671 Smartest thing my old man ever did was 598 00:27:36,671 --> 00:27:38,336 never bring his service revolver home. 599 00:27:38,336 --> 00:27:40,812 But when he was on the job, he was glad to have the weapon. 600 00:27:40,812 --> 00:27:42,370 Well, he was a beat cop. 601 00:27:42,370 --> 00:27:44,609 Well, do you think standir behind a cash register 602 00:27:44,609 --> 00:27:46,310 in midtowrs any less dangerous? 603 00:27:46,310 --> 00:27:48,011 The Booker brothers didn't go in there 604 00:27:48,011 --> 00:27:50,247 to sing Happy Birthday to him. 605 00:27:56,192 --> 00:27:58,091 This seem right to you? 606 00:27:58,927 --> 00:28:01,121 It's Garland's through-and-through. 607 00:28:01,328 --> 00:28:04,296 "Entry wound in posterior lower left quadrant. 608 00:28:04,296 --> 00:28:05,955 Exit upper right." 609 00:28:05,955 --> 00:28:08,328 In near the kidney, out the shoulder. 610 00:28:12,770 --> 00:28:14,896 That's an upward trajectory. 611 00:28:16,506 --> 00:28:19,770 How do you get one of those runnir out of a store? 612 00:28:21,609 --> 00:28:23,372 I was going to get to this in time. 613 00:28:23,372 --> 00:28:25,570 You think you've got the only car in here? 614 00:28:25,570 --> 00:28:26,703 I got two drug busts 615 00:28:26,703 --> 00:28:28,713 and three vehicular homicides ahead of you. 616 00:28:28,713 --> 00:28:31,715 Well, we certainly appreciate all the time you can spare. 617 00:28:31,715 --> 00:28:33,716 You say he was laying flat on the seat? 618 00:28:33,716 --> 00:28:36,548 He might've rolled up there after he was shot. 619 00:28:36,548 --> 00:28:40,111 Right. Then if he was down here, 620 00:28:41,022 --> 00:28:44,718 he was probably searching for his keys. 621 00:28:46,060 --> 00:28:49,654 So, given the loss of kinetic energy 622 00:28:52,264 --> 00:28:54,356 And the residual velocity, 623 00:28:57,434 --> 00:28:59,026 Your projectile 624 00:29:00,770 --> 00:29:03,034 winds up right here. 625 00:29:07,508 --> 00:29:08,770 The slug is a. 38, 626 00:29:08,770 --> 00:29:11,207 but it's only a probable match to Costas' gun. 627 00:29:11,207 --> 00:29:13,335 That would make seven slugs from Costas. 628 00:29:13,335 --> 00:29:14,537 His gun holds six. 629 00:29:14,537 --> 00:29:15,671 He reloaded? 630 00:29:15,671 --> 00:29:17,577 He found Garland in the car. 631 00:29:17,577 --> 00:29:20,275 Garland was reaching down for his keys. 632 00:29:20,275 --> 00:29:21,610 Costas shot him. 633 00:29:21,610 --> 00:29:22,878 Wait a minute. 634 00:29:22,878 --> 00:29:24,851 CSU found a crowbar under the seat. 635 00:29:24,851 --> 00:29:26,580 Garland might've been reaching for it. 636 00:29:26,580 --> 00:29:28,884 To do what, jump up and take a piece out of Costas? 637 00:29:28,884 --> 00:29:30,081 Why not? He might've had 638 00:29:30,081 --> 00:29:31,715 a legitimate concern for his safety. 639 00:29:31,715 --> 00:29:32,850 Phil, you'd feel that way 640 00:29:32,850 --> 00:29:34,392 whether there was a crowbar or not. 641 00:29:34,392 --> 00:29:35,893 At any rate, it doesn't matter. 642 00:29:35,893 --> 00:29:37,791 Once the Bookers left the store, 643 00:29:37,791 --> 00:29:39,795 Costas had no right to hunt them down. 644 00:29:39,795 --> 00:29:41,194 Not the way I read it. 645 00:29:41,194 --> 00:29:43,357 A private person may use deadly force to effect 646 00:29:43,357 --> 00:29:45,696 the arrest of a person who's committed a robbery. 647 00:29:45,696 --> 00:29:46,961 The justification defense 648 00:29:46,961 --> 00:29:48,593 covers officer-involved shootings. 649 00:29:48,593 --> 00:29:50,136 Phil has investigated a few... 650 00:29:50,136 --> 00:29:51,228 Nineteen. 651 00:29:51,228 --> 00:29:54,171 And found every single one of them justified. 652 00:29:54,171 --> 00:29:55,434 All by statute. 653 00:29:55,842 --> 00:29:57,934 This statute says robbery. 654 00:29:58,443 --> 00:30:00,103 The Bookers didn't take anything. 655 00:30:00,103 --> 00:30:01,475 There was no robbery. 656 00:30:01,475 --> 00:30:03,206 Costas had nothing to recover. 657 00:30:03,206 --> 00:30:05,747 Costas had no reason to be out in the street with a gun 658 00:30:05,747 --> 00:30:07,612 unless he was looking to shoot somebody. 659 00:30:07,612 --> 00:30:08,980 How could he have known 660 00:30:08,980 --> 00:30:10,779 they werert gonna come back to kill him? 661 00:30:10,779 --> 00:30:12,785 Let's remember that this man was the victim. 662 00:30:12,785 --> 00:30:15,048 No matter how bad his situation looks, 663 00:30:15,048 --> 00:30:17,282 Costas did have other options. 664 00:30:17,282 --> 00:30:18,687 Deadly physical force 665 00:30:18,687 --> 00:30:21,123 shouldn't be the first club out of the bag. 666 00:30:21,123 --> 00:30:22,921 We charge him, murder two, two counts. 667 00:30:22,921 --> 00:30:25,120 What is it, are we hard up for bad guys? 668 00:30:25,120 --> 00:30:26,184 You'd let him walk? 669 00:30:26,184 --> 00:30:27,286 At least on Cecil Booker. 670 00:30:27,286 --> 00:30:29,421 We'll let a grand jury make that determination. 671 00:30:29,421 --> 00:30:31,261 Read him his rights. 672 00:30:41,973 --> 00:30:43,770 Mr. Costas, you mind coming out 673 00:30:43,770 --> 00:30:45,672 from behind the counter, please? 674 00:30:45,672 --> 00:30:46,834 What do you want? 675 00:30:46,834 --> 00:30:48,434 Mr. Costas, please. 676 00:30:53,582 --> 00:30:55,446 You want to turn around, sir? 677 00:30:55,446 --> 00:30:57,609 What are you doing with him? 678 00:30:57,609 --> 00:30:59,549 George Costas, you're under arrest 679 00:30:59,549 --> 00:31:02,348 for the murder of Garland and Cecil Booker. 680 00:31:02,348 --> 00:31:04,389 You have the right to remain silent. 681 00:31:04,389 --> 00:31:06,389 If you refuse that right, 682 00:31:06,389 --> 00:31:09,014 anything you do say can and will be used against you 683 00:31:09,014 --> 00:31:11,117 in a court of law. Do you understand that? 684 00:31:11,117 --> 00:31:12,182 Yes. 685 00:31:12,182 --> 00:31:13,922 You have the right to an attorney. 686 00:31:14,963 --> 00:31:17,625 In the portion of tape released by his attorney, 687 00:31:17,625 --> 00:31:19,165 Mr. Costas is seen exchanging shots 688 00:31:19,165 --> 00:31:20,495 with his would-be robbers. 689 00:31:20,495 --> 00:31:23,558 Mr. Costas' lawyer claims the tape shows clearly... 690 00:31:25,036 --> 00:31:28,664 Every news director from here to Albany ran it last night. 691 00:31:29,240 --> 00:31:31,434 Forwards, backwards, slow motion. 692 00:31:32,709 --> 00:31:34,835 Costas is getting more play than Zapruder. 693 00:31:34,835 --> 00:31:37,208 With only five seconds' won'th of tape. 694 00:31:37,208 --> 00:31:39,974 If all the public sees is what Drakos lets them see... 695 00:31:39,974 --> 00:31:42,514 Before it's over, they'll make him king for a day. 696 00:31:42,514 --> 00:31:45,243 We can stake our own claims on the hearts and minds of the jury. 697 00:31:45,243 --> 00:31:47,308 Yeah, you play the rest of that tape 698 00:31:47,308 --> 00:31:49,410 and quicker than you can press the stop button, 699 00:31:49,410 --> 00:31:50,886 Drakos'll be in front of a judge 700 00:31:50,886 --> 00:31:52,546 arguing for a change of venue. 701 00:31:52,546 --> 00:31:54,317 He's already dumped toxins in the well. 702 00:31:54,317 --> 00:31:56,790 The gun lobby has canonized Goetz. 703 00:31:56,790 --> 00:31:58,951 They don't need another martyr. 704 00:31:58,951 --> 00:32:00,824 You drop the charge on Cecil Booker 705 00:32:00,824 --> 00:32:02,362 down to weapons violation, 706 00:32:02,362 --> 00:32:05,397 and you give Costas a plea on Garland Booker. 707 00:32:08,033 --> 00:32:10,001 Man one, four to 12 years? 708 00:32:10,535 --> 00:32:12,627 Ben, only criminals go to jail. 709 00:32:12,627 --> 00:32:15,500 What do you call someone who executes people on the street? 710 00:32:15,500 --> 00:32:16,971 An American hero. 711 00:32:16,971 --> 00:32:18,472 Once they entered the store, 712 00:32:18,472 --> 00:32:20,337 my client had every right to shoot them. 713 00:32:20,337 --> 00:32:22,171 Garland Booker was mortally wounded. 714 00:32:22,171 --> 00:32:23,733 It's unlikely he walked 80 yards 715 00:32:23,733 --> 00:32:25,300 from the store to his car. 716 00:32:25,300 --> 00:32:27,744 Look, I get one store owner on that jury, 717 00:32:27,744 --> 00:32:29,781 and the best you can hope for is a mistrial. 718 00:32:29,781 --> 00:32:32,840 And you're willing to stake your client's future on that? 719 00:32:32,840 --> 00:32:35,511 Mr. Costas, four years at Bedford 720 00:32:35,511 --> 00:32:37,849 is a whole sight better than 25-to-life at Attica. 721 00:32:37,849 --> 00:32:41,048 Oh, you want me to say it was wrong for me to defend myself? 722 00:32:41,048 --> 00:32:42,920 He was reaching down in the car. 723 00:32:42,920 --> 00:32:44,855 He could have had a gun there. 724 00:32:47,727 --> 00:32:49,558 Mr. Costas, are you now admitting 725 00:32:49,558 --> 00:32:51,493 you shot Garland Booker at the car? 726 00:32:51,493 --> 00:32:53,689 All right, this meeting is over. 727 00:32:53,689 --> 00:32:56,233 You want to talk negligent homicide, you call us. 728 00:32:56,233 --> 00:32:57,528 I don't want a deal. 729 00:32:57,528 --> 00:32:59,501 I am not going one day in jail. 730 00:32:59,501 --> 00:33:00,557 George... 731 00:33:00,557 --> 00:33:03,763 I listen to you, to Nick. It's enough. I am innocent. 732 00:33:04,205 --> 00:33:07,640 I know other cases like this, in Baltimore, in Los Angeles. 733 00:33:07,640 --> 00:33:09,437 People like me, they defend themselves, 734 00:33:09,437 --> 00:33:10,703 they don't go to jail. 735 00:33:10,703 --> 00:33:12,677 And that's not relevant, sir. 736 00:33:12,677 --> 00:33:14,974 You ask anybody on the street. 737 00:33:15,213 --> 00:33:17,908 They will tell you what I did was right. 738 00:33:17,908 --> 00:33:20,312 Nobody protects us. Nobody. 739 00:33:22,752 --> 00:33:25,720 We'll let a jury decide who the victim is. 740 00:33:25,720 --> 00:33:28,287 Two armed felons or Mr. Costas. 741 00:33:30,123 --> 00:33:33,558 It's a closed shop, Adam. Costas wants a trial. 742 00:33:33,558 --> 00:33:35,355 He has the better odds. 743 00:33:35,355 --> 00:33:39,190 Hung jury is a gift. Call his lawyer. 744 00:33:39,563 --> 00:33:42,794 If we let him walk, we're endorsing an armed populace 745 00:33:42,794 --> 00:33:45,231 that metes out justice as they see fit. 746 00:33:45,231 --> 00:33:47,994 If we tried him and lose, it's the same message. 747 00:33:48,537 --> 00:33:50,629 With our credibility as an appetizer. 748 00:33:50,972 --> 00:33:53,166 Adam, I think we're doing the right thing. 749 00:33:53,506 --> 00:33:55,167 Is that a refusal? 750 00:33:57,109 --> 00:33:58,440 Your call. 751 00:34:16,856 --> 00:34:18,551 In the sequence we've just seen, 752 00:34:18,551 --> 00:34:22,218 did you measure the change in position of the victims... 753 00:34:22,218 --> 00:34:24,022 while Mr. Costas fired? 754 00:34:24,022 --> 00:34:26,355 Yes. They moved six feet away from Mr. Costas 755 00:34:26,355 --> 00:34:27,589 and out the door. 756 00:34:27,589 --> 00:34:29,824 And what conclusion did you draw from that? 757 00:34:29,824 --> 00:34:32,923 The victims were in retreat when Mr. Costas fired at them. 758 00:34:32,923 --> 00:34:35,435 The object in Mr. Costas' left hand, 759 00:34:35,435 --> 00:34:37,129 could you identify it? 760 00:34:37,337 --> 00:34:39,634 That appears to be an HKS Speedloader. 761 00:34:39,634 --> 00:34:42,866 It's used to quick-load six rounds into the revolver. 762 00:34:43,108 --> 00:34:44,507 Thank you, Detective. 763 00:34:44,809 --> 00:34:48,005 From earlier testimony, we learned that Garland Booker 764 00:34:48,005 --> 00:34:50,409 suffered a mortal wound that entered his back. 765 00:34:50,409 --> 00:34:53,004 From the evidence, could you determine how he received it? 766 00:34:53,004 --> 00:34:56,140 Yes, he was shot in the back 767 00:34:57,485 --> 00:35:00,317 while sitting in the driver's seat, leaning down. 768 00:35:00,820 --> 00:35:02,719 And what object, if any, did you find 769 00:35:02,719 --> 00:35:04,483 on the floor under the dashboard? 770 00:35:04,483 --> 00:35:06,648 We found a pair of car keys. 771 00:35:06,648 --> 00:35:08,987 Did you find any objects under the front seat? 772 00:35:08,987 --> 00:35:11,254 Yes. Candy wrappers, two flares, 773 00:35:11,254 --> 00:35:13,625 and a crowbar approximately 12 inches in length. 774 00:35:13,625 --> 00:35:16,162 And where under the front seat did you find the crowbar? 775 00:35:16,162 --> 00:35:18,562 Over on the passenger side, toward the rear of the seat. 776 00:35:18,562 --> 00:35:21,066 Was it within reach of someone behind the wheel? 777 00:35:21,066 --> 00:35:22,192 No. 778 00:35:22,192 --> 00:35:23,599 Thank you. 779 00:35:25,504 --> 00:35:27,597 Detective, you testified that 780 00:35:27,597 --> 00:35:30,162 when you saw the fresh paint in my client's store, 781 00:35:30,162 --> 00:35:32,868 that you suspected that he was the victim of a robbery. 782 00:35:32,868 --> 00:35:35,409 Did you have any other basis for these suspicions? 783 00:35:35,409 --> 00:35:37,604 Yes. Cecil Booker's rap sheet 784 00:35:37,604 --> 00:35:39,771 had convictions for armed robbery and assault. 785 00:35:39,771 --> 00:35:41,370 And Garland Booker's rap sheet? 786 00:35:41,370 --> 00:35:42,847 Objection. Irrelevance. 787 00:35:42,847 --> 00:35:45,281 I'll allow it. Detective? 788 00:35:46,085 --> 00:35:47,552 Garland Booker had been 789 00:35:47,552 --> 00:35:51,816 convicted for grand theft auto, burglary, and assault. 790 00:35:52,356 --> 00:35:54,823 And what was the assault charge for? 791 00:35:54,823 --> 00:35:56,825 Mr. Booker was pulled over in a stolen car 792 00:35:56,825 --> 00:35:58,519 while intoxicated. 793 00:35:58,519 --> 00:36:02,186 He then attacked the arresting officer with a screwdriver. 794 00:36:02,463 --> 00:36:03,794 Thank you. 795 00:36:06,466 --> 00:36:07,955 No, they were not leaving. 796 00:36:07,955 --> 00:36:10,263 They were getting ready to shoot again. 797 00:36:10,263 --> 00:36:12,131 Why do you think that? 798 00:36:12,131 --> 00:36:15,569 The smaller one, he was reaching behind him 799 00:36:16,273 --> 00:36:17,603 to his back pocket. 800 00:36:17,603 --> 00:36:20,198 Advance to frame 30-20 at half speed, please. 801 00:36:25,379 --> 00:36:28,973 There! There! Right there. You see his hand? 802 00:36:28,973 --> 00:36:30,276 I thought he was armed. 803 00:36:30,276 --> 00:36:31,872 I thought he was going for a gun. 804 00:36:31,872 --> 00:36:33,577 That's why I keep shooting. 805 00:36:33,577 --> 00:36:35,881 Now, when you left your store, 806 00:36:36,754 --> 00:36:38,948 what was going on in your mind? 807 00:36:38,948 --> 00:36:41,385 These men, they tried to kill me. 808 00:36:41,385 --> 00:36:42,924 They were dangerous. 809 00:36:42,924 --> 00:36:45,891 It was my duty as a citizen to stop them. 810 00:36:46,094 --> 00:36:47,560 What happened outside? 811 00:36:47,560 --> 00:36:49,891 The, uh, big one was staggering. 812 00:36:49,891 --> 00:36:52,192 He disappeared into a building. 813 00:36:52,765 --> 00:36:54,823 The other one was running. 814 00:36:54,823 --> 00:36:56,867 I saw him get into the car. 815 00:36:56,867 --> 00:36:58,026 What did you do? 816 00:36:58,026 --> 00:36:59,864 I yelled at him to stop, 817 00:36:59,864 --> 00:37:02,496 but he was grabbing for something on the floor, 818 00:37:02,496 --> 00:37:05,198 so I shot to defend my life. 819 00:37:05,974 --> 00:37:08,874 Why didn't you call the police after it was over? 820 00:37:08,874 --> 00:37:11,375 The first time, in Fort Lee, 821 00:37:11,375 --> 00:37:15,675 these animals tried to kill my wife for revenge. 822 00:37:15,675 --> 00:37:17,940 I did not want that to happen again. 823 00:37:17,940 --> 00:37:20,073 I was just trying to do what was right. 824 00:37:20,073 --> 00:37:22,175 Always, just what was right. 825 00:37:23,120 --> 00:37:24,814 Where did you learn what was right? 826 00:37:24,814 --> 00:37:26,683 In citizenship class. 827 00:37:27,255 --> 00:37:31,384 Where I come from, only police and soldiers have guns. 828 00:37:31,384 --> 00:37:34,927 People like me cannot defend ourselves from criminals. 829 00:37:35,161 --> 00:37:39,926 But here I learned everybody has the right to bear arms, 830 00:37:40,531 --> 00:37:41,930 like the minuteman. 831 00:37:41,930 --> 00:37:43,659 L... I just follow what I learned. 832 00:37:44,801 --> 00:37:46,132 Thank you. 833 00:37:49,338 --> 00:37:53,966 Mr. Costas, this threatening movement that you spoke of... 834 00:37:55,275 --> 00:37:57,868 Cecil Booker and the security cage 835 00:37:57,868 --> 00:38:00,376 are between you and Garland Booker. 836 00:38:00,812 --> 00:38:03,075 In all this confusion and all this shooting, 837 00:38:03,413 --> 00:38:05,643 how could you even see that hand? 838 00:38:05,849 --> 00:38:08,146 On the camera, everything looks different. 839 00:38:08,146 --> 00:38:10,650 To my eye, it looked like he was going for a gun. 840 00:38:10,650 --> 00:38:12,913 He was wounded. He was trying to get away. 841 00:38:12,913 --> 00:38:14,249 You found that threatening? 842 00:38:14,249 --> 00:38:15,583 I was scared. 843 00:38:15,583 --> 00:38:17,247 I thought he was going to shoot me. 844 00:38:17,247 --> 00:38:19,847 So scared that you ran out after him? 845 00:38:21,360 --> 00:38:23,486 The first time that you were robbed, 846 00:38:23,486 --> 00:38:25,994 how did you feel, scared or angry? 847 00:38:26,830 --> 00:38:27,922 Both. 848 00:38:28,198 --> 00:38:30,290 "Never again." Isn't that what you thought? 849 00:38:30,290 --> 00:38:31,993 I work hard. What do you expect? 850 00:38:31,993 --> 00:38:33,795 And you became an expert shot. 851 00:38:33,795 --> 00:38:34,892 Yes. 852 00:38:34,892 --> 00:38:37,664 And if the Booker brothers ever came into your store, 853 00:38:37,664 --> 00:38:38,796 you'd be ready for 'em. 854 00:38:38,796 --> 00:38:40,736 I was going to protect my business. 855 00:38:40,736 --> 00:38:42,500 How? By hunting Garland Booker down 856 00:38:42,500 --> 00:38:43,973 and shooting him in the back? 857 00:38:43,973 --> 00:38:45,838 He was reaching in the car for a weapon. 858 00:38:45,838 --> 00:38:47,502 He had a crowbar. 859 00:38:47,502 --> 00:38:49,602 Did you see the crowbar? No. 860 00:38:49,602 --> 00:38:52,078 Did you see the keys on the floor? 861 00:38:52,548 --> 00:38:53,742 It was self-defense. 862 00:38:53,742 --> 00:38:54,839 It was an execution. 863 00:38:54,839 --> 00:38:55,940 Objection! 864 00:38:55,940 --> 00:38:57,814 You have no right to say that! 865 00:38:57,814 --> 00:39:00,409 These people can come in off the street and kill me? 866 00:39:00,409 --> 00:39:01,544 Not like you! 867 00:39:01,544 --> 00:39:02,746 Mr. Costas. 868 00:39:12,862 --> 00:39:14,295 It's voodoo lawyering. 869 00:39:14,295 --> 00:39:16,353 A blink becomes a threatening gesture. 870 00:39:16,353 --> 00:39:17,557 Comes down to whether 871 00:39:17,557 --> 00:39:19,622 the jury believes their eyes or their ears. 872 00:39:19,622 --> 00:39:22,065 Always think you have a smoking gun, 873 00:39:22,065 --> 00:39:25,261 till the smoke blows in your face. 874 00:39:25,261 --> 00:39:27,770 You think it was a mistake to put in the tape? 875 00:39:27,770 --> 00:39:29,965 You play it once, it's shocking. 876 00:39:30,408 --> 00:39:32,170 Ten times, interesting. 877 00:39:32,676 --> 00:39:35,906 A hundred times and your precious tape becomes 878 00:39:35,906 --> 00:39:38,343 whatever the jury wants to read into it. 879 00:39:38,343 --> 00:39:41,143 Or for whatever the spin doctors tell them to. 880 00:39:41,143 --> 00:39:44,184 Costas killed a couple of punks for mom and apple pie. 881 00:39:48,520 --> 00:39:51,283 A jury knows when it's being sold a bill of goods, 882 00:39:51,283 --> 00:39:54,347 even if it is written in red, white, and blue. 883 00:39:56,859 --> 00:39:59,452 Depends on the endorsement. That was Cerreta. 884 00:39:59,661 --> 00:40:02,094 Costas' lawyer just subpoenaed him. 885 00:40:02,830 --> 00:40:05,525 Detective Cerreta's testimony can only be a rehash 886 00:40:05,525 --> 00:40:07,691 of what detective Logars already testified to. 887 00:40:07,691 --> 00:40:09,028 Well, as I read his record, 888 00:40:09,028 --> 00:40:10,500 he's testified in 19 proceedings 889 00:40:10,500 --> 00:40:12,399 as an expert on the use of deadly force. 890 00:40:12,399 --> 00:40:13,835 In police shootings, Your Honor. 891 00:40:13,835 --> 00:40:16,134 That's totally irrelevant. Justification is justification, 892 00:40:16,134 --> 00:40:17,537 no matter who pulls the trigger. 893 00:40:17,537 --> 00:40:20,542 Is it irrelevant that he found all of those 19 shootings justified? 894 00:40:20,542 --> 00:40:22,270 The state of New York has qualified him 895 00:40:22,270 --> 00:40:24,368 as an expert before, Mr. Stone. 896 00:40:24,368 --> 00:40:27,141 I see no reason to break with tradition. 897 00:40:35,586 --> 00:40:38,952 Ben, I was not looking to get subpoenaed. 898 00:40:38,952 --> 00:40:41,784 But I want you to know, so there's no misunderstanding. 899 00:40:41,784 --> 00:40:44,357 If he asks my opinion, I will not perjure myself. 900 00:40:44,357 --> 00:40:46,757 As long as you understand that when he shot those men 901 00:40:46,757 --> 00:40:50,126 he wasrt wearing a uniform and he couldn't act under the color of authority. 902 00:40:50,126 --> 00:40:51,891 In other words, if he were a cop 903 00:40:51,891 --> 00:40:53,727 you would not have indicted. 904 00:40:57,201 --> 00:40:59,169 So as a result of your investigation 905 00:40:59,169 --> 00:41:00,998 and your viewing the videotape, 906 00:41:00,998 --> 00:41:03,402 have you formed an opinion about the shooting? Yes. 907 00:41:03,402 --> 00:41:06,202 Detective Cerreta, limiting your answer 908 00:41:06,202 --> 00:41:08,299 only to the acts viewed on the videotape, 909 00:41:08,299 --> 00:41:12,004 in your opinion, do Mr. Costas' actions 910 00:41:12,004 --> 00:41:15,137 constitute a justifiable use of deadly force? 911 00:41:16,148 --> 00:41:17,739 Only his actions on the tape? 912 00:41:17,739 --> 00:41:19,180 Right. Do they constitute 913 00:41:19,180 --> 00:41:21,376 a justifiable use of deadly force? 914 00:41:21,952 --> 00:41:23,441 In my opinion, 915 00:41:23,919 --> 00:41:27,877 Mr. Costas' actions on the tape were justified 916 00:41:27,877 --> 00:41:30,717 under Section 35-15, Subdivision Two, 917 00:41:30,717 --> 00:41:32,691 Paragraph B of the Penal Code. 918 00:41:32,691 --> 00:41:35,455 Now, finally, Detective, a hypothetical. 919 00:41:35,928 --> 00:41:37,451 Would a police officer 920 00:41:37,451 --> 00:41:39,928 confronting an armed robbery suspect, 921 00:41:40,298 --> 00:41:42,266 be justified in fearing for his life? 922 00:41:44,234 --> 00:41:45,997 I would have to say yes. 923 00:41:47,036 --> 00:41:48,367 Thank you. 924 00:41:50,104 --> 00:41:53,971 Uh, Detective, how long have you been in law enforcement? 925 00:41:54,441 --> 00:41:55,635 23 years. 926 00:41:55,876 --> 00:41:59,367 And how often have you fired your gun in the line of duty? 927 00:41:59,778 --> 00:42:01,609 I've never had occasion to. 928 00:42:01,609 --> 00:42:03,306 Are you familiar with the New York 929 00:42:03,306 --> 00:42:05,541 City Police Department guidelines 930 00:42:05,541 --> 00:42:07,480 on the use of physical deadly force? 931 00:42:07,684 --> 00:42:08,742 Yes. 932 00:42:09,085 --> 00:42:12,212 And if you were confronted with a suspect 933 00:42:12,212 --> 00:42:15,483 who was reaching for something that might be a gun, 934 00:42:15,483 --> 00:42:18,284 what would you do according to these guidelines? 935 00:42:20,392 --> 00:42:22,257 I would not discharge my revolver 936 00:42:22,257 --> 00:42:24,887 until I saw a weapon in the suspect's hand. 937 00:42:26,263 --> 00:42:28,026 And if you saw a citizen 938 00:42:28,026 --> 00:42:31,157 running down the street with a gun, chasing someone, 939 00:42:31,157 --> 00:42:32,893 what would you do? 940 00:42:35,570 --> 00:42:37,696 I would probably arrest him. 941 00:42:38,105 --> 00:42:39,628 Thank you, sir. 942 00:42:43,308 --> 00:42:45,333 Every law-abiding citizen has the right 943 00:42:45,333 --> 00:42:47,604 to reasonably defend himself from imminent harm. 944 00:42:47,604 --> 00:42:49,508 That's what the law says. 945 00:42:49,508 --> 00:42:51,136 The law also says 946 00:42:51,481 --> 00:42:54,108 that a citizen may not use deadly force 947 00:42:54,108 --> 00:42:57,447 if he can retreat with complete safety. 948 00:42:58,086 --> 00:43:00,144 Now, not reasonable safety, 949 00:43:00,454 --> 00:43:04,321 not probable safety, but complete safety. 950 00:43:06,624 --> 00:43:08,716 Mr. Costas was endangered 951 00:43:08,716 --> 00:43:11,056 the minute that Cecil and Garland Booker 952 00:43:11,056 --> 00:43:12,788 walked into his store. 953 00:43:12,788 --> 00:43:14,853 Just look at the gun in Cecil Booker's hand. 954 00:43:14,853 --> 00:43:17,057 A fully loaded .45 semi-automatic. 955 00:43:17,899 --> 00:43:21,163 Comply or resist, those were my client's choices. 956 00:43:21,402 --> 00:43:23,460 And in his world, that's no choice at all. 957 00:43:23,460 --> 00:43:26,971 Look what happened to the storeowners in Los Angeles. 958 00:43:27,306 --> 00:43:30,502 George Costas didn't give in to those hoodlums. 959 00:43:30,842 --> 00:43:32,502 He stood his grounds, 960 00:43:33,243 --> 00:43:34,733 as was his right. 961 00:43:38,246 --> 00:43:40,908 George Costas fired the first shot. 962 00:43:41,849 --> 00:43:43,407 He kept shooting, 963 00:43:43,684 --> 00:43:46,880 even after the Bookers had retreated from the store. 964 00:43:46,880 --> 00:43:49,682 And after they were gone, what did he do? 965 00:43:49,988 --> 00:43:52,785 A reasonable man would have phoned 911. 966 00:43:53,724 --> 00:43:54,849 A reasonable man 967 00:43:54,849 --> 00:43:56,789 would've stayed in the safety of his store 968 00:43:56,789 --> 00:43:58,793 and waited for the police. 969 00:43:59,228 --> 00:44:01,093 But not George Costas. 970 00:44:02,530 --> 00:44:04,191 He wanted revenge. 971 00:44:05,732 --> 00:44:07,757 And maybe he wanted glory. 972 00:44:08,868 --> 00:44:11,563 But the minute he crossed his threshold, 973 00:44:12,036 --> 00:44:14,526 to kill Garland Booker, 974 00:44:15,606 --> 00:44:18,233 he stepped far beyond where the law 975 00:44:18,233 --> 00:44:20,867 allows the use of physical deadly force. 976 00:44:20,867 --> 00:44:23,010 He became the aggressor. 977 00:44:23,979 --> 00:44:25,240 And it doesn't matter 978 00:44:25,240 --> 00:44:27,836 what kind of life Garland Booker led. 979 00:44:28,481 --> 00:44:30,574 What matters to this courtroom 980 00:44:30,816 --> 00:44:33,614 is the manner in which that life was ended. 981 00:44:35,186 --> 00:44:36,949 Finally, you must ask yourself, 982 00:44:36,949 --> 00:44:38,885 do you want to live in a city 983 00:44:38,885 --> 00:44:40,683 where an ordinary citizen 984 00:44:40,683 --> 00:44:44,521 is allowed to run the streets with a gun, 985 00:44:44,993 --> 00:44:48,155 looking for someone on whom to wreak vengeance? 986 00:44:49,463 --> 00:44:51,760 Someone he might mistake you for. 987 00:44:57,935 --> 00:44:59,527 Have you reached a verdict? 988 00:44:59,527 --> 00:45:01,194 Yes, we have, Your Honor. 989 00:45:01,194 --> 00:45:02,966 As to the first count in the indictment 990 00:45:02,966 --> 00:45:05,199 murder in the second degree of Cecil Booker, 991 00:45:05,199 --> 00:45:06,866 how does the jury find? 992 00:45:06,866 --> 00:45:08,202 Not guilty. 993 00:45:11,711 --> 00:45:13,803 As to the second count in the indictment, 994 00:45:13,803 --> 00:45:16,507 murder in the second degree of Garland Booker, 995 00:45:16,507 --> 00:45:17,979 how does the jury find? 996 00:45:17,979 --> 00:45:19,448 Guilty, Your Honor. 997 00:45:19,448 --> 00:45:20,167 Don't! 998 00:45:50,138 --> 00:45:51,901 Costas filed his appeal. 999 00:45:51,901 --> 00:45:54,964 Public's rallying around. A defense fund's been set up. 1000 00:45:54,964 --> 00:45:56,633 Even the gun lobby's kicking in. 1001 00:45:56,633 --> 00:45:59,177 I know 12 citizens who won't be joining the crusade. 1002 00:45:59,177 --> 00:46:01,974 Eight. Four of the jurors were on the morning news 1003 00:46:01,974 --> 00:46:04,708 saying they felt pressured to convict Mr. Costas. 1004 00:46:04,708 --> 00:46:05,907 Jury's remorse. 1005 00:46:05,907 --> 00:46:08,280 It rises with the unpopularity of the verdict. 1006 00:46:08,280 --> 00:46:10,818 Their heads aren't the only ones on the block. 1007 00:46:10,818 --> 00:46:12,876 Unless the victim qualifies for sainthood, 1008 00:46:12,876 --> 00:46:14,421 we shouldn't prosecute? 1009 00:46:14,421 --> 00:46:16,513 Lyndon Johnson tried governing by opinion polls. 1010 00:46:16,513 --> 00:46:18,057 It didn't work.