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In the criminal
justice system,
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00:00:03,685 --> 00:00:05,923
the people are represented
by two separate
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00:00:05,923 --> 00:00:07,725
yet equally important groups:
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00:00:07,725 --> 00:00:09,663
The police
who investigate crime...
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and the district attorneys
who prosecute the offenders.
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These are their stories.
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Put me down
for $10 on the Expos.
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00:00:16,465 --> 00:00:18,698
Save some for groceries,
big shot.
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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.
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Well, tell her you're
investir in his future.
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Yeah, you tell her.
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Hey, I got me a bad Ford.
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Yeah? I got a Mercedes.
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Watch out for that grille, man.
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Too late, man.
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I already
took out a headlight.
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This piece of crap,
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bust out a headlight,
it's an improvement.
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Holy jeez.
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I already told him what.
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Pop! Pop! Pop!
I don't know how many times.
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Like a car.
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What time was that?
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9:00 last night.
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Did you happen
to look out your window?
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In this neighborhood,
you don't wanna look too much.
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Thank you, Mrs. Pinsker.
The officer'll see you home.
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Oh, don't bother. It would
just attract attention.
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Tapped twice in the lower back.
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Eyes cloudy, rigor's set in.
Say, 10 hours.
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Garland Booker, 21 years old.
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323 West 140th. $10.
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Plastic from Alexander's.
Maybe his balance was overdue.
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00:01:35,359 --> 00:01:37,416
Creditors are jumpy these days.
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Two entry wounds in the back.
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I doubt
the shooter was under the car.
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Okay, so Mr. Booker got shot
somewhere out here,
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climbed into his car
to bleed to death.
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Keys were on the floor. Maybe
he tried to start the car.
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What, he was gonna
drive himself to the hospital?
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00:01:53,127 --> 00:01:56,105
Sergeant, looks like
somebody sprung a leak.
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00:02:20,391 --> 00:02:22,790
Oh, yeah. A double-header.
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Big deal with a big gun.
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Looks like
he crawled in here and died.
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Cecil Booker, 27.
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Somebody's
pruning the family tree.
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These guys were brothers?
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00:04:03,091 --> 00:04:04,958
Oh, yeah,
chalk one up for genetics.
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00:04:04,958 --> 00:04:06,724
Cecil was in for robbery,
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00:04:06,724 --> 00:04:08,890
possession with intent,
two assaults.
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Garland, grand theft auto,
burglary, assault, possession.
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Mom must be very proud.
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The birth canal's not
the only thing they shared.
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They were both killed
by a. 38.
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Uh, and Cecil's. 45?
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Minus two bullets.
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00:04:21,165 --> 00:04:22,731
Oh, great.
So we had a firefight
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00:04:22,731 --> 00:04:24,207
right in the middle of Dodge,
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and nobody saw anything.
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Businesses were still closed.
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We're gonna hit the
neighborhood this afternoon.
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00:04:28,871 --> 00:04:30,004
Well, that'd be helpful.
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While you're at it,
maybe you could find out
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what these two uptown boys
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00:04:33,241 --> 00:04:34,977
were doing downtown
on Thursday night.
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00:04:34,977 --> 00:04:36,881
28th and Lex,
it's a hot corner.
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00:04:36,881 --> 00:04:38,613
What do you think,
a drug buy gone bad?
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00:04:38,613 --> 00:04:40,449
Cecil had a crack pipe
in his pocket.
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00:04:40,449 --> 00:04:42,045
They both had priors.
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00:04:42,045 --> 00:04:43,487
What about the car?
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It's registered
to a Laticia Ramis.
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00:04:49,094 --> 00:04:50,720
Girlfriend? Wife?
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00:04:51,562 --> 00:04:53,461
Garland didn't do no drugs.
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00:04:53,461 --> 00:04:56,327
He had himself a real job.
He was a courier.
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00:04:56,327 --> 00:04:58,025
What about this stuff?
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00:04:58,025 --> 00:05:00,533
Did it fall off
his delivery truck?
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00:05:01,569 --> 00:05:03,934
You always blame us first
when there's trouble.
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00:05:03,934 --> 00:05:07,234
My Garland got killed.
You don't care.
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00:05:07,540 --> 00:05:09,302
We care about
why he was downtown
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00:05:09,302 --> 00:05:11,103
last night with his brother.
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Cecil owed him money.
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00:05:14,111 --> 00:05:16,738
He said if Garland goes
with him, he'd pay him back.
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00:05:16,738 --> 00:05:18,075
Pay him back how?
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00:05:18,075 --> 00:05:19,705
Cecil just said he knew a place
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where he could
get all the jack he needed.
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You didn't ask him
for particulars?
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How about what you suspected?
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00:05:27,287 --> 00:05:30,084
I don't know.
Cecil always talked big.
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00:05:30,084 --> 00:05:33,352
He said he had a connection,
this man he did time with.
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A name, Laticia?
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00:05:37,060 --> 00:05:40,324
Marvin. Marvin Welles.
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00:05:42,264 --> 00:05:44,289
Garland didn't know
what it was about,
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or else he would've told me.
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Cecil owed everybody.
He owed me.
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You a savings and loan?
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00:05:53,064 --> 00:05:55,332
You know
what kind of business I'm in.
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00:05:55,332 --> 00:05:57,533
You're damn right.
I'm just waitir for an excuse
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00:05:57,533 --> 00:05:59,131
to toss this apartment.
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00:05:59,131 --> 00:06:01,234
Cleanir lady's
already been here.
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I'm spic and span.
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Cecil.
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Was he your partner?
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Not for a long time.
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Profits had a way
of goir up in smoke
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when he was around.
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00:06:14,587 --> 00:06:17,384
Look, everybody knows
Cecil was no kind of player.
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Only buyir he did
was for his own head.
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How much was he into you for?
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Enough that
it wouldn't pay to kill him.
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Marvin, do you have a gun?
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I'm a felon, man. On parole.
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If I was gonna use a piece,
I'd make it a throw-away.
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Of course, you're welcome
to get a warrant.
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Maybe we will, Marvin.
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Anytime.
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Mr. Rhee, what time
did you close last night?
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8:00, I'm gone.
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8:00? And you didn't see
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the blue Ford parked
right out in front here?
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No. These guys, they're dead?
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As doornails.
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Good.
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They're bad dudes.
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You go around the corner,
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you could see them
selling dope all day.
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These two?
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These guys, other guys.
They're all bad.
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No, no, not other guys,
these guys.
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You ever seen them before?
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Sure, they come in here
all the time
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to get their suits pressed.
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Only one reason
people like that come in here:
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To take my money.
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You've had problems?
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No problem. Just a solution.
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What, do you think
I, uh, sit around,
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watch people walk by
on the street all day?
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Your sign says
you're open till 9:00.
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Yeah, you got a big net,
you catch more fish.
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How were they bitir last night?
142
00:07:47,248 --> 00:07:49,251
Not good. I close at 8:00.
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Uh, it's a tough street. L... I
make a big investment here.
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You mean like the fresh paint?
145
00:07:55,147 --> 00:07:57,986
Yeah, new paint,
new sign, new alarm.
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The insurance company,
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00:07:59,457 --> 00:08:01,584
every time somebody
gets robbed on the street,
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they... they double us.
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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.
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00:08:08,093 --> 00:08:09,962
Not like these bums.
Excuse me.
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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.
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There's a lot of merchandise
here won'th stealing.
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Cecil was talkir about
payir back his debts.
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His sheet included
armed robbery.
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00:08:26,811 --> 00:08:27,937
Mr. Costas?
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00:08:35,718 --> 00:08:37,742
Do you own a gun?
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00:08:37,986 --> 00:08:40,681
What, are you gonna make us
call the License Division?
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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.
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What kind of gun?
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.38.
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The gun and the permit, please.
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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
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No green card, no permit.
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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.
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She keeps the books.
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Everybody in this neighborhood
has a gun.
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We need for protection.
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We'd like your gun.
174
00:09:27,617 --> 00:09:29,119
Oh, yeah, right.
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00:09:29,119 --> 00:09:31,223
What am I going to do
with no gun?
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00:09:31,223 --> 00:09:33,382
Call 911. That's your receipt.
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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.
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It's the same caliber,
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but the slugs are right-fives
and the gurs a right-six.
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00:09:44,433 --> 00:09:45,956
Sorry, fellows.
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00:09:48,269 --> 00:09:50,099
If you were scared
of beir robbed,
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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.