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Male narrator: In the criminal
justice system,
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00:00:05,620 --> 00:00:07,320
sexually-based offenses are
considered especially heinous.
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00:00:07,320 --> 00:00:08,650
In New York City
the dedicated detectives
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00:00:08,660 --> 00:00:10,660
who investigate
these vicious felonies
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00:00:10,660 --> 00:00:12,260
are members of an elite squad
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00:00:12,260 --> 00:00:14,490
known as
the Special Victims Unit.
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These are their stories.
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[upbeat music]
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♪
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- [sighs]
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[exhales]
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Morning.
- Hey.
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00:00:49,070 --> 00:00:50,840
- Hey, honey.
- Is that smoothie for me?
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- It is now.
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- Love the heels,
but be careful in the park.
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They'll catch in the grass.
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- Mom, I'll be fine.
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- [laughs]
- Love you.
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00:00:59,280 --> 00:01:01,510
- Love you.
- Bye, Dad.
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- Where's Mom?
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- Left a note,
had to work a double.
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- Eee!
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- [exhales]
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- Okay, I'm hitting the park.
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[giggling]
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- All right, cool.
Check you later.
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- [laughs]
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- Afternoon, Darius!
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This yours?
- Yeah.
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- Keep it out of English class,
but keep drawing.
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You have talent.
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- You have talent.
- Shut up.
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- [laughs]
- That was nice.
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All right, here's your money.
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Here's your money.
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I was about to give you
a little bit more than...
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- There's more.
- No, that's it.
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What happened to the coins?
- Where's my money?
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- I didn't see you dancing,
little girl.
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- Yo, check out this dude
in the dress.
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- Nah, son.
That's a tore-up girl.
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- Only one way to find out.
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- Let's go home.
I'm hungry.
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- Hey, what's up with the skirt?
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- Excuse me.
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- He asked you a question.
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- You one of them he-shes?
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- Maybe you got a bra on
under there.
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- Let's see, tranny.
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- Nah, that can't be
a girl, man.
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- Nah, that's a dude.
- Get away from me.
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- What the hell?
Beat his ass.
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- Come on, slut.
- Get away.
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- Yo, just record it,
just record it.
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- Darius,
we're gonna get in trouble.
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- [laughs] You want it?
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- That's not funny.
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- Okay, white girl.
- [laughs]
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You're not getting that camera
back, uh-uh.
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- Just give it back.
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- Aw, she likes you, Darius.
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- They dancing now.
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- Get off me, you freak.
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[gasping]
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[thud]
- [gasps]
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- We got to go. We got to go.
Come on.
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- Run.
- Come on.
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- Let's get out of here.
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- Run, man.
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- Come on.
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- Look.
Down there.
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- Hey.
Is she conscious?
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- In and out,
and she's not a she.
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- Transgender?
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- Boy dressed as a girl,
that makes him...
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Her a special victim, right?
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- Yeah, good call.
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So, what, 4:00 in the afternoon,
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and these two are
the only witnesses?
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- Yeah, tourists, they stuck
around, said everyone else ran.
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- Everyone else?
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- Apparently three black kids
were teasing him...
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Her... pulling up the skirt.
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Some others were egging them on,
recorded it.
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Then the vic got pushed off
the bridge and everyone ran.
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- What high schools
are around here?
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- Private, Felix Adler Academy.
Public, Shirley Chisholm.
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- Three guesses
which kids went where.
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[dramatic music]
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♪
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I was taking pictures
on the bridge
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when they surrounded me.
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- Avery, can you describe them?
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- Black, my age.
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[inhales]
They were giving me the look.
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- What look is that?
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- The "freak needs to learn
a lesson" look.
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I tried to go,
but they started saying stuff.
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- What were they saying?
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- Tranny.
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He-she.
My personal fave.
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I told them to leave me alone.
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One grabbed my skirt,
another my camera.
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I was pushed,
and I tripped on my heels.
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- Avery, can you remember
anything else about the boys,
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anything they said
or that they did?
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- It was all a blur of shoving,
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people laughing, taking video.
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- This isn't the first time,
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and the local precinct
never follows up.
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- We will.
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We take this very seriously.
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I give you my word, Mr. Parker.
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You got something?
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- Well, we were
checking social media,
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lensing the area
where the crime occurred,
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and these finally popped up.
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- "These"?
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- Three separate
cell phone videos so far.
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They all begin after it started,
but you get the idea.
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- Let's see, slut.
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What's under there?
- Beat his ass.
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[smack]
- Oh, he's slapping him around.
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- Darius, we're going
to get in trouble.
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- All these people watching.
Nobody helps.
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- How long do they go on?
- To the fall.
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- You're not getting
that camera back, uh-uh.
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- Aw, she likes you Darius.
- They dancing.
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- Just give it back.
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- Get off me, you freak.
[gasping]
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- Do we have any idea
who posted these?
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- Well, according to Facebook,
it's two sophomores
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and one junior
from Shirley Chisholm.
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- That's it, guys,
let's go, full court.
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- I didn't do nothing.
I just took a video.
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- You watched a person
get assaulted
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and thrown over a bridge.
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- I didn't touch
that freak show,
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and why is he wearing a skirt,
acting all... whatever.
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- Who were the guys
messing with Avery?
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- I don't know.
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That's your job.
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- Yo, they slapping him around.
- This is deeply disturbing.
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- Yes, it is,
and three different students
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from your school
posted those videos.
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- Well, let me be clear.
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This behavior is in no way
indicative of our community.
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We strive for inclusion.
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- We understand.
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Who are these kids?
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[indistinct chatter]
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- All right, quiet.
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Keon Williams
and Markus Green, come with me.
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- Why?
- We didn't do nothing.
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- Now.
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- Why are you looking
for Darius?
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- It's a police matter.
Where is he?
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- He was here
before school began,
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very upset about something.
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I told him
we could talk after lunch.
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- He live nearby?
- He won't be there.
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He hates the projects.
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There is one place
he likes to go.
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- Darius McCrae?
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- Hey, NYPD.
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Darius, get up.
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- Come on.
I didn't do anything.
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- Come on, Darius, stand up.
Let's make this easy.
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- Yes, sir.
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- So you're saying
it wasn't your fault?
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- That tranny started it,
all up in our face with,
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you know, being weird.
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- That boy goes around
dressed like a girl?
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You should be talking
to his parents, not my son.
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- Well, they're in the hospital,
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and you're here,
so think about that.
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00:09:17,270 --> 00:09:21,340
- Markus, did you beat up
on a girl?
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- He's not a girl, Grandma.
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He's one of them he-shes.
- Wow.
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- Acts like one, wears makeup.
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- Why would anyone do that?
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- That's not the issue.
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The issue is your grandson
pushed a kid off a bridge.
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- You did what?
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00:09:37,260 --> 00:09:38,760
- I didn't push him
off a bridge, Grandma.
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I swear.
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- Then you better tell them
who did.
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- I don't know.
- Markus, look at me.
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I know that your grandmother
did not raise you to lie.
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- It was Darius.
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He's a grade above me.
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- Have a seat.
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00:10:12,390 --> 00:10:13,890
- Am I going to jail?
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00:10:13,900 --> 00:10:15,200
- When your mom gets here
we need to talk,
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00:10:15,200 --> 00:10:16,740
but the best thing
to do is tell the truth.
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00:10:16,730 --> 00:10:18,060
- You want a soda,
a sandwich or something?
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00:10:18,070 --> 00:10:20,400
- My stomach's not feeling good.
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00:10:20,400 --> 00:10:23,400
- Darius?
- This way, ma'am.
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00:10:23,410 --> 00:10:26,080
I'm Sergeant Benson.
- Ms. McCrae.
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00:10:26,080 --> 00:10:29,010
I'm Detective Tutuola.
This is Detective Rollins.
201
00:10:29,010 --> 00:10:30,310
- I'm sorry, Mom.
202
00:10:30,310 --> 00:10:32,810
I didn't mean
to do anything bad.
203
00:10:32,820 --> 00:10:34,685
- What do they think you did?
204
00:10:34,686 --> 00:10:37,050
- A teenager was assaulted
in Fort Tryon Park
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00:10:37,050 --> 00:10:39,780
and is now in the hospital.
206
00:10:39,790 --> 00:10:42,830
- I didn't mean to hurt him.
207
00:10:42,830 --> 00:10:44,095
- Darius is a good kid.
208
00:10:44,096 --> 00:10:45,850
He takes care
of his little sister.
209
00:10:45,860 --> 00:10:47,860
He goes to... to church.
210
00:10:47,860 --> 00:10:50,830
- Okay, well, ma'am, we still
just need to talk to him, okay.
211
00:10:50,830 --> 00:10:52,130
- But he's only 15.
212
00:10:52,140 --> 00:10:53,870
- Which is
why we waited for you.
213
00:10:53,870 --> 00:10:56,940
We needed you to be here
while we read him his rights.
214
00:10:56,940 --> 00:11:03,010
.
215
00:11:04,710 --> 00:11:06,680
- We were just talking to him.
216
00:11:06,680 --> 00:11:08,710
I asked what was
up with the dress.
217
00:11:08,720 --> 00:11:10,760
- So Markus and Keon
were telling the truth?
218
00:11:10,760 --> 00:11:12,410
It was your idea?
219
00:11:12,420 --> 00:11:16,920
- Yes, but we were all
messing with him,
220
00:11:16,930 --> 00:11:19,430
tried to lift up the skirt.
221
00:11:19,430 --> 00:11:23,070
- Darius, why would you do that?
222
00:11:23,070 --> 00:11:24,970
- I didn't want my friends
to think I was gay.
223
00:11:24,970 --> 00:11:26,240
- So you were being tough
around your boys.
224
00:11:26,240 --> 00:11:27,940
Is that why you pushed Avery?
225
00:11:27,940 --> 00:11:31,340
- No, he fell on me,
and I just pushed him away.
226
00:11:31,340 --> 00:11:33,380
I didn't mean for him
to go over the bridge.
227
00:11:33,380 --> 00:11:35,450
- Then why'd you run?
228
00:11:35,450 --> 00:11:38,450
- Because it was
the worst thing I ever did.
229
00:11:38,450 --> 00:11:41,850
I thought I killed someone.
230
00:11:41,850 --> 00:11:43,880
- This kid
seems genuinely upset.
231
00:11:43,890 --> 00:11:45,860
The other two,
they just think it's funny.
232
00:11:45,860 --> 00:11:47,830
- Yeah, well, the other two
didn't push Avery off a bridge.
233
00:11:47,830 --> 00:11:49,220
I mean, she could have died.
234
00:11:49,230 --> 00:11:50,790
- Bright side,
all three confessed.
235
00:11:50,790 --> 00:11:52,050
We got the video evidence.
We're done.
236
00:11:52,060 --> 00:11:53,890
- Look, the video is shaky.
237
00:11:53,900 --> 00:11:55,160
The kids are underaged.
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00:11:55,160 --> 00:11:56,420
I just don't want anyone
claiming
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00:11:56,430 --> 00:11:59,830
that those confessions
were coerced.
240
00:11:59,840 --> 00:12:02,770
Let's see if Avery
can come in and make an ID.
241
00:12:02,770 --> 00:12:04,130
- You got it.
242
00:12:11,180 --> 00:12:12,750
[sighs]
243
00:12:19,150 --> 00:12:23,280
- Number four.
244
00:12:23,290 --> 00:12:27,920
Number one.
245
00:12:27,930 --> 00:12:29,200
Three.
246
00:12:29,200 --> 00:12:33,170
- You did great, Avery.
247
00:12:33,170 --> 00:12:36,440
- They look smaller in there,
scared.
248
00:12:36,440 --> 00:12:38,280
- Well, they should be, Avery.
249
00:12:38,280 --> 00:12:39,900
They're in trouble.
250
00:12:39,910 --> 00:12:42,045
- Did they say why they
did this to me?
251
00:12:42,046 --> 00:12:44,440
I'm not stupid.
I wasn't being cheeky.
252
00:12:44,450 --> 00:12:46,050
- It wasn't anything you did.
253
00:12:46,050 --> 00:12:47,190
We need to get back
to the hospital.
254
00:12:47,190 --> 00:12:50,910
- Excuse me...
255
00:12:50,920 --> 00:12:52,560
Are you the Parkers?
I'm Darius' mother.
256
00:12:52,560 --> 00:12:54,890
- Mrs. McCrae,
now may not be the best time.
257
00:12:54,890 --> 00:12:56,990
- Hold on.
I want to hear her out.
258
00:12:59,290 --> 00:13:03,020
- My son is really sorry
for hurting you.
259
00:13:03,030 --> 00:13:04,790
- Did he tell you
why he did this to me?
260
00:13:04,800 --> 00:13:07,900
- Avery, let's go.
- Just wait a minute.
261
00:13:07,900 --> 00:13:09,330
Ask him, please.
262
00:13:09,340 --> 00:13:11,140
- Okay, we need to leave, now.
263
00:13:11,140 --> 00:13:13,140
- Come on, this way, folks.
264
00:13:18,880 --> 00:13:20,490
- Wait, my son has to
spend the night here?
265
00:13:20,490 --> 00:13:22,310
- No, he's gonna
be able to go home.
266
00:13:22,320 --> 00:13:24,450
The desk sergeant's gonna
267
00:13:24,450 --> 00:13:28,180
give you a appearance ticket
for tomorrow in family court.
268
00:13:28,190 --> 00:13:29,450
- I have to work tomorrow.
269
00:13:29,460 --> 00:13:31,095
I'm a home care attendant.
270
00:13:31,096 --> 00:13:33,050
- Well, you're gonna
have to call in sick.
271
00:13:33,060 --> 00:13:34,290
You got to be there.
272
00:13:34,300 --> 00:13:35,830
- [exhales]
273
00:13:40,970 --> 00:13:42,940
- Those poor parents, right?
274
00:13:42,940 --> 00:13:44,140
- Yeah.
275
00:13:44,140 --> 00:13:48,140
You want one?
- Yeah, please.
276
00:13:48,140 --> 00:13:49,840
Hey, Rollins...
277
00:13:49,850 --> 00:13:52,080
let me ask you something.
278
00:13:52,080 --> 00:13:55,210
What makes a boy
decide to be a girl?
279
00:13:55,220 --> 00:13:57,520
I mean,
is it that he likes boys?
280
00:13:57,520 --> 00:13:59,020
He just doesn't want to be gay?
281
00:13:59,020 --> 00:14:00,980
- Um...
282
00:14:02,320 --> 00:14:03,920
There's a difference
283
00:14:03,930 --> 00:14:06,530
between gender identity
and sexuality, Carisi.
284
00:14:06,530 --> 00:14:09,130
- Yeah, yeah.
285
00:14:09,130 --> 00:14:10,990
You know, my parents,
286
00:14:11,000 --> 00:14:13,040
they think this is
all about getting attention.
287
00:14:13,040 --> 00:14:14,900
- Uh-huh.
288
00:14:14,900 --> 00:14:18,500
You were a 14-year-old boy once.
[laughs]
289
00:14:18,510 --> 00:14:22,510
And would you or
any other boy you knew
290
00:14:22,510 --> 00:14:24,510
put on a skirt
291
00:14:24,510 --> 00:14:27,010
if it didn't come
from a really real place?
292
00:14:27,020 --> 00:14:31,890
- [scoffs] No, not a chance.
293
00:14:37,030 --> 00:14:38,530
- Good afternoon.
294
00:14:38,530 --> 00:14:40,300
Which one of you
is Marcus Green?
295
00:14:43,030 --> 00:14:45,260
Come with me, please.
- Counselor, you want us inside?
296
00:14:45,270 --> 00:14:46,830
- If I need anything,
I'll let you know.
297
00:14:57,380 --> 00:14:59,250
Keon Williams?
298
00:15:02,450 --> 00:15:05,190
- Excuse me, I'm missing work.
299
00:15:05,190 --> 00:15:07,930
- I'll let you know
when it's your turn, okay?
300
00:15:07,930 --> 00:15:09,520
Keon?
301
00:15:18,930 --> 00:15:20,560
- It won't be long.
302
00:15:27,940 --> 00:15:30,000
- Thank you so much, Ms. Cox.
303
00:15:30,010 --> 00:15:32,340
I promise you.
Keon has learned his lesson.
304
00:15:45,490 --> 00:15:46,720
- The other boys got probation?
305
00:15:46,730 --> 00:15:48,665
- That will be
my recommendation.
306
00:15:48,666 --> 00:15:51,060
It's their first offense,
and they were both very clear
307
00:15:51,070 --> 00:15:53,340
that Darius was the one
who started this.
308
00:15:53,340 --> 00:15:55,000
- They were going at him, too.
309
00:15:55,000 --> 00:15:57,100
- But you were the one
who pushed Avery off the bridge.
310
00:15:57,110 --> 00:16:00,210
- I didn't mean to.
I just bugged out.
311
00:16:00,210 --> 00:16:01,450
He was touching me.
312
00:16:01,450 --> 00:16:03,600
- You "bugged out."
313
00:16:03,610 --> 00:16:07,540
Did it have anything to do
with Avery wearing a skirt?
314
00:16:07,550 --> 00:16:09,620
- I'm sorry,
my boy's not prejudiced.
315
00:16:09,620 --> 00:16:13,360
- I was just afraid.
316
00:16:13,360 --> 00:16:15,360
- How do you think Avery felt?
317
00:16:18,590 --> 00:16:20,560
- This is not fair.
318
00:16:20,560 --> 00:16:22,220
The other boys get probation,
319
00:16:22,230 --> 00:16:25,430
but she wants my Darius
to do three months in juvie?
320
00:16:25,430 --> 00:16:27,000
- That's what she wants.
321
00:16:27,000 --> 00:16:28,730
A judge still has to rule.
322
00:16:28,740 --> 00:16:31,140
- She also told me
that if it goes to trial,
323
00:16:31,140 --> 00:16:33,180
Darius could get a year.
324
00:16:33,180 --> 00:16:34,650
I said I wanted
to talk to a lawyer,
325
00:16:34,650 --> 00:16:37,270
but she said no one
was available today.
326
00:16:37,280 --> 00:16:39,280
- Well, that's your right.
327
00:16:39,280 --> 00:16:41,640
They're gonna have to wait.
328
00:16:41,650 --> 00:16:44,550
- Talk to that lady
about Darius.
329
00:16:44,550 --> 00:16:47,350
Let her know he's...
He's no thug,
330
00:16:47,360 --> 00:16:49,060
and he's had a lot to deal with.
331
00:16:49,060 --> 00:16:50,430
- I'll do what I can.
332
00:16:53,560 --> 00:16:57,160
- Darius, we have to pick up
your sister.
333
00:16:57,170 --> 00:17:03,170
- Detective Tutuola, can you
make sure Avery gets this?
334
00:17:03,170 --> 00:17:04,470
I need him to know I'm sorry.
335
00:17:08,340 --> 00:17:11,210
- What's that, drawings?
- It's an apology.
336
00:17:11,210 --> 00:17:14,210
- Well, and it's
an admission of guilt.
337
00:17:14,220 --> 00:17:16,050
You know, if you were Avery,
would you want to hear anything
338
00:17:16,050 --> 00:17:17,610
that Darius has
to say right now?
339
00:17:17,620 --> 00:17:19,760
- My son got the crap
kicked out of him
340
00:17:19,760 --> 00:17:22,630
when he was a boy
just for being gay.
341
00:17:22,630 --> 00:17:25,200
No one ever apologized to him.
342
00:17:29,500 --> 00:17:31,640
- Darius McCrae
wrote something for me?
343
00:17:31,640 --> 00:17:33,730
- He did.
344
00:17:33,740 --> 00:17:36,370
He wanted to apologize.
345
00:17:36,370 --> 00:17:38,630
- You don't have to read it
if you don't want to.
346
00:17:38,640 --> 00:17:41,300
- No, I do.
347
00:17:43,650 --> 00:17:45,580
[inhales]
348
00:17:51,750 --> 00:17:56,280
"If I could get a do-over,
I wouldn't do it."
349
00:18:15,410 --> 00:18:17,780
Did you tell him
I was into graphic novels?
350
00:18:17,780 --> 00:18:20,650
- No, we didn't know.
351
00:18:26,750 --> 00:18:28,380
- The boys took a plea.
352
00:18:28,390 --> 00:18:30,460
Does that mean Avery
won't have to testify?
353
00:18:30,460 --> 00:18:33,360
- The third boy, Darius,
is speaking with a lawyer,
354
00:18:33,360 --> 00:18:35,160
so we should know more tomorrow.
355
00:18:35,160 --> 00:18:39,730
- What Avery's gone through,
she's a tough kid.
356
00:18:39,740 --> 00:18:41,500
You must be proud.
357
00:18:41,500 --> 00:18:43,870
- Yeah, we are.
358
00:18:43,870 --> 00:18:47,140
- Code blue.
Code blue.
359
00:18:52,250 --> 00:18:54,220
- That's Avery's room.
360
00:18:57,850 --> 00:18:59,510
- Clear.
- Let's go.
361
00:18:59,520 --> 00:19:00,780
- My baby!
362
00:19:00,790 --> 00:19:02,190
- Please,
you have to wait outside.
363
00:19:02,190 --> 00:19:03,250
- No!
- No.
364
00:19:03,260 --> 00:19:04,460
- Avery?
- No, come on.
365
00:19:04,460 --> 00:19:05,830
- Check the heart...
- No pulse.
366
00:19:05,830 --> 00:19:07,700
- Let's... go on,
just give them some room.
367
00:19:07,700 --> 00:19:10,370
- Let's go again.
- Nothing.
368
00:19:10,370 --> 00:19:11,640
- Come on, Avery.
Stay with me, honey.
369
00:19:11,640 --> 00:19:13,490
Stay with me.
Clear!
370
00:19:13,500 --> 00:19:15,160
- [sobs]
371
00:19:19,770 --> 00:19:22,770
- One minute Avery's fine and
then she's gone just like that?
372
00:19:22,780 --> 00:19:24,515
- What happened?
- A fatty embolism.
373
00:19:24,516 --> 00:19:26,910
- Oh, no.
From the fractured leg, right?
374
00:19:26,920 --> 00:19:28,750
- Yes.
375
00:19:28,750 --> 00:19:32,250
When the femur fractured,
fatty globules were released.
376
00:19:32,250 --> 00:19:33,680
They traveled to the lungs.
377
00:19:33,690 --> 00:19:35,530
Death is almost instantaneous.
378
00:19:35,530 --> 00:19:39,790
- So this embolism was
a direct result of Avery's fall?
379
00:19:39,800 --> 00:19:42,230
- No question.
380
00:19:42,230 --> 00:19:44,790
- [sighs]
- Excuse me.
381
00:19:44,800 --> 00:19:46,640
- [sighs] Oh, God.
382
00:19:46,640 --> 00:19:48,770
What do we say to them?
I'm sorry?
383
00:19:48,770 --> 00:19:50,570
- Never gets easier.
384
00:19:55,780 --> 00:19:59,680
Mr. and Mrs. Parker...
385
00:19:59,680 --> 00:20:02,210
I'm so sorry.
386
00:20:02,220 --> 00:20:05,290
- Thank you.
387
00:20:05,290 --> 00:20:07,490
[sobbing]
388
00:20:15,400 --> 00:20:16,830
- The M.E. confirm
cause of death?
389
00:20:16,830 --> 00:20:18,560
- Saddle embolism to the lungs,
390
00:20:18,570 --> 00:20:20,940
direct result of
the broken femur from the fall.
391
00:20:20,940 --> 00:20:22,500
No intervening cause.
392
00:20:22,500 --> 00:20:24,530
- What does that mean
for these boys?
393
00:20:24,540 --> 00:20:26,410
- Well, Markus and Keon
didn't push her.
394
00:20:26,410 --> 00:20:28,250
They didn't cause the death.
395
00:20:28,250 --> 00:20:30,270
- But Darius McCrae did.
396
00:20:30,280 --> 00:20:31,650
- Sergeant Benson,
397
00:20:31,650 --> 00:20:33,750
we need to talk
about the Avery Parker murder.
398
00:20:33,750 --> 00:20:35,380
- Of course.
399
00:20:35,380 --> 00:20:37,250
Kenneth O'Dwyer, meet Pippa Cox.
400
00:20:37,250 --> 00:20:38,650
- It's nice to see you again,
Ms. Cox.
401
00:20:38,650 --> 00:20:40,920
You'll want to be
in on this meeting, too.
402
00:20:40,920 --> 00:20:43,620
The D.A.'s office
is taking over the prosecution.
403
00:20:46,530 --> 00:20:48,260
- Hold up.
404
00:20:48,260 --> 00:20:49,920
Now, you know Darius McCrae's
only 15 years old?
405
00:20:49,930 --> 00:20:52,360
- Yes, and if he's tried
in family court,
406
00:20:52,370 --> 00:20:53,940
he'll be charged
with juvenile delinquency
407
00:20:53,940 --> 00:20:56,270
and be back out on
the street again when he's 18.
408
00:20:56,270 --> 00:20:58,400
- You're looking
to charge him as an adult?
409
00:20:58,410 --> 00:20:59,710
- Second-degree manslaughter.
410
00:20:59,710 --> 00:21:01,710
- We can charge that
in family court.
411
00:21:01,710 --> 00:21:04,420
- We can, but we won't, and I
want to attach a hate crime.
412
00:21:06,550 --> 00:21:08,520
- Okay, wow.
413
00:21:08,520 --> 00:21:11,520
- There's an epidemic
of attacks on trans persons.
414
00:21:11,520 --> 00:21:12,960
We have to take a stand.
415
00:21:12,960 --> 00:21:15,330
- Yes, but I don't think
that this is that case.
416
00:21:15,330 --> 00:21:17,550
Darius seems like a good kid.
417
00:21:17,560 --> 00:21:20,360
- He went after Avery,
he taunted her,
418
00:21:20,360 --> 00:21:21,790
and he pushed her off a bridge.
419
00:21:21,800 --> 00:21:24,600
- But you want to charge
a 15-year-old as an adult?
420
00:21:24,600 --> 00:21:26,540
He could get 20 years.
421
00:21:26,540 --> 00:21:28,040
- It's more like seven,
422
00:21:28,040 --> 00:21:30,570
and while I appreciate
your sympathy for Darius McCrae,
423
00:21:30,570 --> 00:21:34,470
we can't wait for
a more overtly evil perp.
424
00:21:34,480 --> 00:21:37,580
We have to draw a line.
425
00:21:41,450 --> 00:21:43,950
- Darius and I, we feel
horrible that Avery died,
426
00:21:43,950 --> 00:21:46,310
but that was
because of something
427
00:21:46,320 --> 00:21:47,580
that went wrong at the hospital.
428
00:21:47,590 --> 00:21:49,430
- Well, the autopsy shows
429
00:21:49,430 --> 00:21:52,395
that it was a complication
resulting from the fall.
430
00:21:52,396 --> 00:21:54,360
- So what does...
What does that mean?
431
00:21:54,360 --> 00:21:56,060
- They're charging him
with manslaughter.
432
00:21:56,070 --> 00:21:58,040
He'll be tried as an adult.
433
00:22:04,340 --> 00:22:06,740
- My Darius?
434
00:22:06,740 --> 00:22:08,870
Mm,
Mm-mm-mm.
435
00:22:08,880 --> 00:22:10,910
Mm-mm.
436
00:22:10,910 --> 00:22:13,540
He's... he's just a kid.
437
00:22:13,550 --> 00:22:16,550
- But the DA and the mayor
want to send a message
438
00:22:16,550 --> 00:22:19,950
that hate crimes aren't
acceptable in New York City.
439
00:22:19,960 --> 00:22:22,560
- Hate crimes?
440
00:22:22,560 --> 00:22:25,800
The only person Darius
hates right now is himself.
441
00:22:25,800 --> 00:22:29,060
- I'm sorry.
This is where we are.
442
00:22:30,400 --> 00:22:32,640
- You said Darius
was in his room?
443
00:22:37,140 --> 00:22:39,610
- No, you got
to take him right now?
444
00:22:39,610 --> 00:22:41,780
- Yeah,
he's got to be arraigned.
445
00:22:41,780 --> 00:22:44,050
Can you call him, please?
446
00:22:46,410 --> 00:22:48,510
- [sobs]
447
00:22:57,690 --> 00:22:59,590
Darius?
448
00:23:00,730 --> 00:23:03,070
Darius, can you
come here, please?
449
00:23:07,140 --> 00:23:08,970
- Detective Tutuola?
450
00:23:08,970 --> 00:23:11,570
- You have to come with us.
451
00:23:11,570 --> 00:23:13,730
- Darius.
[cries]
452
00:23:34,560 --> 00:23:37,660
[sobs]
453
00:23:46,970 --> 00:23:48,840
- It's been wonderful
to hear so many people
454
00:23:48,840 --> 00:23:52,710
talk about Avery's life today.
455
00:23:52,710 --> 00:23:56,810
You don't know me, but I feel
like I know all of you.
456
00:23:56,820 --> 00:23:59,220
I was Avery's therapist,
457
00:23:59,220 --> 00:24:03,680
and she told me about the people
who were important to her,
458
00:24:03,690 --> 00:24:07,490
like Melody and Rain,
459
00:24:07,500 --> 00:24:12,200
who embraced her the first day
Avery wore a dress to school.
460
00:24:12,200 --> 00:24:14,660
Avery was inspired
by the compassion
461
00:24:14,670 --> 00:24:20,580
of her classmates, her teachers,
and even the police.
462
00:24:20,580 --> 00:24:24,010
This is Avery's legacy;
463
00:24:24,010 --> 00:24:28,540
tolerance, love,
464
00:24:28,550 --> 00:24:31,660
forgiveness.
465
00:24:33,990 --> 00:24:36,090
- Thank you.
466
00:24:36,090 --> 00:24:38,850
Thank you for coming.
- Beautiful, beautiful ceremony.
467
00:24:38,860 --> 00:24:40,220
- Avery was loved.
468
00:24:40,230 --> 00:24:42,730
- I can see that.
469
00:24:42,730 --> 00:24:46,890
- We heard that Darius McCrae
is gonna be charged as an adult.
470
00:24:46,900 --> 00:24:49,000
- I wish the DA
had come to the service.
471
00:24:49,000 --> 00:24:50,900
Everything Avery believed
was about forgiveness.
472
00:24:50,910 --> 00:24:53,040
- Well, the DA wants
to make sure
473
00:24:53,040 --> 00:24:57,200
that what happened to Avery
never happens again.
474
00:24:57,210 --> 00:25:00,840
- How?
By locking up a 15-year-old?
475
00:25:00,850 --> 00:25:02,820
Tell the DA
that's not what we want.
476
00:25:02,820 --> 00:25:04,150
- Lisa, please.
477
00:25:04,150 --> 00:25:06,080
- It's not what
Avery would want.
478
00:25:08,720 --> 00:25:10,220
- Excuse me.
- Of course.
479
00:25:19,170 --> 00:25:21,940
- Look, we feel the same way.
480
00:25:21,940 --> 00:25:23,610
All right, I'll call you back.
That was Barba.
481
00:25:23,610 --> 00:25:24,980
He argued that the case
should stay in family court,
482
00:25:24,980 --> 00:25:26,670
and that's
when O'Dwyer stepped in.
483
00:25:26,680 --> 00:25:28,745
- O'Dwyer's no dummy.
The new DA says jump,
484
00:25:28,746 --> 00:25:30,600
he laces up his sneakers.
- Counselor.
485
00:25:30,610 --> 00:25:32,670
- Well, at least you're not
bad-mouthing me behind my back.
486
00:25:32,680 --> 00:25:34,240
- Look, I'm sorry, Counselor.
It's just, you know,
487
00:25:34,250 --> 00:25:36,620
Avery's mom wants this
in family court.
488
00:25:36,620 --> 00:25:38,220
- I know. I got your messages.
I spoke to her.
489
00:25:38,220 --> 00:25:40,260
- You just ignored her wishes?
490
00:25:40,260 --> 00:25:42,020
- She's suffered
a terrible loss.
491
00:25:42,020 --> 00:25:44,290
I told her that she could speak
at the sentencing hearing.
492
00:25:44,290 --> 00:25:46,120
- Sentencing hearing?
493
00:25:46,130 --> 00:25:47,965
Darius's lawyer
is pleading guilty?
494
00:25:47,966 --> 00:25:50,060
- Not exactly.
He's asked for a bench trial.
495
00:25:50,070 --> 00:25:51,730
- Bench trial?
496
00:25:51,730 --> 00:25:54,030
So he's using
the Clarence Darrow strategy.
497
00:25:54,040 --> 00:25:56,740
Juries are more emotional than
judges, so if you give a judge
498
00:25:56,740 --> 00:25:58,310
absolute power
to declare someone guilty...
499
00:25:58,310 --> 00:26:01,210
- They're less likely
to impose a harsh sentence.
500
00:26:01,210 --> 00:26:03,180
- Yeah.
501
00:26:09,080 --> 00:26:10,710
- It was Darius's idea.
502
00:26:10,720 --> 00:26:11,990
- Yo, what's up with the skirt?
503
00:26:11,990 --> 00:26:13,720
- He saw Avery on that bridge.
504
00:26:13,720 --> 00:26:15,280
- He asked you a question.
505
00:26:15,290 --> 00:26:18,660
- He said we should see
what's under that skirt.
506
00:26:22,600 --> 00:26:24,270
- Get away from me.
- Let's see, tranny.
507
00:26:24,270 --> 00:26:25,270
- What's under there?
508
00:26:25,270 --> 00:26:29,040
- Darius called Avery a tranny?
509
00:26:29,040 --> 00:26:33,180
- Yeah, then he
grabbed at his skirt.
510
00:26:33,180 --> 00:26:35,145
- And what was happening here?
511
00:26:35,146 --> 00:26:37,040
- I tossed the camera to Darius.
512
00:26:37,050 --> 00:26:38,980
He played keep-away.
513
00:26:38,980 --> 00:26:41,980
When Avery reached for it,
he fell on Darius.
514
00:26:41,980 --> 00:26:43,280
- It's not funny.
515
00:26:43,290 --> 00:26:45,750
- And Darius, like, wigged out.
516
00:26:45,750 --> 00:26:48,250
He just pushed him
off that bridge.
517
00:26:48,260 --> 00:26:50,160
- What happened next?
518
00:26:50,160 --> 00:26:51,730
- I took Avery's
initial statement.
519
00:26:51,730 --> 00:26:54,370
She had a concussion
and a broken femur.
520
00:26:54,370 --> 00:26:57,260
- How did Avery
describe the attack?
521
00:26:57,270 --> 00:27:00,340
- Avery felt targeted, bullied.
522
00:27:00,340 --> 00:27:05,270
She was upset about the slurs
used: tranny, slut, he-she.
523
00:27:05,270 --> 00:27:07,130
Later, after she ID'd Darius,
524
00:27:07,140 --> 00:27:10,040
she made it very clear to me
that she was not "being cheeky."
525
00:27:10,050 --> 00:27:12,220
She'd done nothing
to provoke them.
526
00:27:12,220 --> 00:27:14,240
- Avery died two days later.
527
00:27:14,250 --> 00:27:17,250
The M.E. has already testified
that her death was
528
00:27:17,250 --> 00:27:19,380
a result of that assault.
Do you agree?
529
00:27:19,390 --> 00:27:22,360
- Yes, there were
no intervening factors.
530
00:27:22,360 --> 00:27:25,130
The saddle embolism that killed
Avery was a direct result
531
00:27:25,130 --> 00:27:28,000
of the broken femur
caused by the fall.
532
00:27:28,000 --> 00:27:30,670
- Thank you, Doctor.
533
00:27:30,670 --> 00:27:33,970
- Ms. Davis, you have been
Darius's English teacher
534
00:27:33,970 --> 00:27:37,310
and advisor
for the past two years.
535
00:27:37,310 --> 00:27:40,810
Has he ever had a problem
with LGBTQ students?
536
00:27:40,810 --> 00:27:43,350
- No. Darius has
a little sister,
537
00:27:43,350 --> 00:27:45,450
which may be why he was
protective of younger students
538
00:27:45,450 --> 00:27:47,150
being bullied,
539
00:27:47,150 --> 00:27:50,850
including one instance,
a student I believe to be gay.
540
00:27:50,850 --> 00:27:53,810
- And he himself has been
affected by violence?
541
00:27:53,820 --> 00:27:58,790
- Yes, last Christmas Darius
saw his older cousin get shot.
542
00:28:00,900 --> 00:28:02,430
It made an impact.
543
00:28:02,430 --> 00:28:03,990
His behavior changed.
544
00:28:04,000 --> 00:28:05,870
He began to study,
really apply himself.
545
00:28:05,870 --> 00:28:07,940
He didn't want
to become a statistic.
546
00:28:07,940 --> 00:28:09,940
He wanted to graduate,
become a graphic artist.
547
00:28:09,940 --> 00:28:11,870
He's quite talented.
548
00:28:11,870 --> 00:28:14,800
- And the day after
his encounter with Avery,
549
00:28:16,340 --> 00:28:19,140
how did he behave?
- He was distraught.
550
00:28:19,150 --> 00:28:21,820
We were going to talk,
but then the police came.
551
00:28:23,850 --> 00:28:27,150
I know the video
looks bad, Your Honor,
552
00:28:27,160 --> 00:28:29,160
but Darius is not a bad kid.
553
00:28:29,160 --> 00:28:32,760
He has a good heart,
and I know it's no excuse,
554
00:28:32,760 --> 00:28:35,290
but he's never been
exposed to transgender people,
555
00:28:35,300 --> 00:28:39,370
and I think
he just got... confused.
556
00:28:40,770 --> 00:28:42,305
- Thank you, Ms. Davis.
557
00:28:42,306 --> 00:28:44,360
Nothing further.
558
00:28:44,370 --> 00:28:46,170
- Mr. O'Dwyer?
559
00:28:46,170 --> 00:28:47,500
- No questions.
560
00:28:50,950 --> 00:28:53,010
- How are you two holding up?
561
00:28:53,010 --> 00:28:55,240
- We need to be here for Avery.
562
00:28:55,250 --> 00:28:58,020
We also feel Darius
should be found guilty.
563
00:28:58,020 --> 00:29:00,220
- I'm just worried about what'll
happen to him when he is.
564
00:29:00,220 --> 00:29:02,150
- Judge Barth
keeps an open mind, so.
565
00:29:03,960 --> 00:29:06,030
- Olivia?
566
00:29:06,030 --> 00:29:07,960
- Dr. Lindstrom.
567
00:29:07,960 --> 00:29:09,360
- Let me walk you guys in,
all right?
568
00:29:09,360 --> 00:29:10,860
- Thank you, great.
569
00:29:13,070 --> 00:29:14,840
- The victim's parents.
570
00:29:14,840 --> 00:29:16,910
- They may not like
my testimony.
571
00:29:16,910 --> 00:29:18,770
- Well, despite their loss
572
00:29:18,770 --> 00:29:23,100
they've managed to find
some compassion for Darius.
573
00:29:23,110 --> 00:29:26,170
- Grace is usually
a better choice than bitterness.
574
00:29:31,950 --> 00:29:37,050
Darius McCrae is 15 years old,
and, like most male teenagers,
575
00:29:37,060 --> 00:29:40,460
his impulse control
is not quite evolved.
576
00:29:40,460 --> 00:29:42,190
The amygdala,
that part of the brain
577
00:29:42,200 --> 00:29:45,170
which is responsible
for impulsive behavior,
578
00:29:45,170 --> 00:29:46,370
is very active.
579
00:29:46,370 --> 00:29:47,910
- More so than reasoning
and judgment?
580
00:29:47,910 --> 00:29:49,200
- Yes.
581
00:29:49,200 --> 00:29:51,170
That is controlled
by the frontal lobe,
582
00:29:51,170 --> 00:29:54,570
which is still developing well
into an average person's 20s.
583
00:29:54,580 --> 00:29:56,345
- What, in your medical opinion,
584
00:29:56,346 --> 00:29:59,470
happened to Darius when he
encountered Avery Parker?
585
00:29:59,480 --> 00:30:02,810
- Avery was someone
very different
586
00:30:02,820 --> 00:30:07,490
from the biological boys
Darius knows,
587
00:30:07,490 --> 00:30:10,190
someone "other" in ways
that were threatening to a boy
588
00:30:10,190 --> 00:30:13,420
just beginning to mature
sexually and emotionally.
589
00:30:13,430 --> 00:30:16,570
- Do you think that Darius
590
00:30:16,570 --> 00:30:19,435
could have been motivated
by hate that afternoon?
591
00:30:19,436 --> 00:30:21,160
- No, I think it had
much more to do
592
00:30:21,170 --> 00:30:23,440
with Darius' own insecurity.
593
00:30:23,440 --> 00:30:27,440
He was flooded with fear
and the need to show his peers
594
00:30:27,440 --> 00:30:29,440
that he was a straight...
595
00:30:29,440 --> 00:30:31,910
A "real"... man.
596
00:30:31,910 --> 00:30:33,570
In conversations with Darius,
it became clear
597
00:30:33,580 --> 00:30:37,110
that he had very little exposure
to transgender individuals,
598
00:30:37,120 --> 00:30:40,520
certainly not enough to develop
either tolerance or hatred.
599
00:30:40,520 --> 00:30:42,250
- Thank you, Doctor.
Nothing further.
600
00:30:46,190 --> 00:30:47,620
- You testify that Mr. McCrae
601
00:30:47,630 --> 00:30:50,270
had little exposure
to transgender persons,
602
00:30:50,270 --> 00:30:54,300
that he was flooded with fear
when he saw Avery,
603
00:30:54,300 --> 00:30:56,330
yet he deliberately
approached her.
604
00:30:56,340 --> 00:30:59,370
He called her a tranny, a slut.
605
00:30:59,370 --> 00:31:02,440
He even said, "Let's see
what's under that skirt."
606
00:31:02,440 --> 00:31:05,210
- He was posturing
for his friends, yes.
607
00:31:05,210 --> 00:31:07,040
- Was he?
608
00:31:07,050 --> 00:31:11,590
When he taunted Avery,
when he harassed her,
609
00:31:11,590 --> 00:31:13,290
when he killed her,
610
00:31:13,290 --> 00:31:16,260
that was nothing
but poor judgment,
611
00:31:16,260 --> 00:31:19,230
lack of impulse control
typical of all teenagers?
612
00:31:19,230 --> 00:31:22,230
- Many teenagers
when compared to adults, yes.
613
00:31:22,230 --> 00:31:25,400
That's why most violent crime
is committed by youths
614
00:31:25,400 --> 00:31:26,970
under the age of 25,
615
00:31:26,970 --> 00:31:28,410
and it's certainly
why a 15-year-old
616
00:31:28,410 --> 00:31:30,230
should not be tried as an adult.
617
00:31:30,240 --> 00:31:32,910
- So, what, give him a mulligan?
618
00:31:32,910 --> 00:31:34,140
Boys will be boys?
619
00:31:34,140 --> 00:31:36,470
Are you saying
that when Mr. McCrae
620
00:31:36,480 --> 00:31:39,220
singled out a member
of a protected class,
621
00:31:39,220 --> 00:31:42,380
taunting Avery
because of her gender identity,
622
00:31:42,380 --> 00:31:44,140
he wasn't discriminating?
623
00:31:44,150 --> 00:31:45,980
- I don't believe so, no.
624
00:31:45,990 --> 00:31:48,630
- Then why didn't he push
someone else off the bridge?
625
00:31:48,630 --> 00:31:53,020
- As I said, his insecurity
caused him to react impulsively.
626
00:31:53,030 --> 00:31:56,400
- The same could be said of
gay-bashing, skinhead violence,
627
00:31:56,400 --> 00:31:58,335
and even lynchings.
- Objection, Your Honor.
628
00:31:58,336 --> 00:32:00,060
- Sustained, I'll disregard.
629
00:32:00,070 --> 00:32:03,240
Have you an actual question,
Mr. O'Dwyer?
630
00:32:03,240 --> 00:32:05,110
- I guess my question is
isn't that why
631
00:32:05,110 --> 00:32:08,110
we have hate crime laws
in this state?
632
00:32:08,110 --> 00:32:09,480
- Those laws
should be for adults.
633
00:32:09,480 --> 00:32:11,480
This case is exactly
when we should remember
634
00:32:11,480 --> 00:32:15,050
that the mind of
a child is still forming,
635
00:32:15,050 --> 00:32:16,950
and it is very different
than the mind of an adult.
636
00:32:16,950 --> 00:32:18,310
- Well, I think we need
to remember
637
00:32:18,320 --> 00:32:19,620
that there are hundreds
638
00:32:19,620 --> 00:32:22,050
of thousands of children
in New York City,
639
00:32:22,060 --> 00:32:27,060
yet only Darius McCrae pushed
another child off a bridge
640
00:32:27,060 --> 00:32:30,720
because, as you said,
Avery was "other."
641
00:32:35,370 --> 00:32:38,370
- When I saw Avery
fall off the bridge,
642
00:32:38,370 --> 00:32:40,630
I felt sick to my stomach.
643
00:32:40,640 --> 00:32:43,070
I feel sick all the time now.
644
00:32:43,080 --> 00:32:44,450
- Why is that?
645
00:32:46,110 --> 00:32:49,480
- 'Cause I know
how it feels to lose someone
646
00:32:49,480 --> 00:32:51,110
you love, like your...
647
00:32:51,120 --> 00:32:53,620
Like your guts
are being ripped out,
648
00:32:53,620 --> 00:32:59,020
and that's what
I did to Avery's parents.
649
00:32:59,030 --> 00:33:04,100
I didn't want him...
Her to die.
650
00:33:04,100 --> 00:33:06,600
I didn't hate Avery.
651
00:33:06,600 --> 00:33:09,700
I can never forgive myself.
652
00:33:12,510 --> 00:33:15,610
- Thank you, Darius.
653
00:33:15,610 --> 00:33:17,210
- Mr. O'Dwyer?
654
00:33:19,480 --> 00:33:22,250
- You say that you did not mean
to push Avery off the bridge.
655
00:33:22,250 --> 00:33:25,255
Why were you on the bridge
in the first place?
656
00:33:25,256 --> 00:33:27,110
- I just wanted
to talk to Avery.
657
00:33:27,120 --> 00:33:29,580
- Talk or tease?
658
00:33:33,690 --> 00:33:36,560
- A little bit of both, I guess.
659
00:33:36,560 --> 00:33:38,330
- And that was a choice
that you made?
660
00:33:41,340 --> 00:33:43,170
- Yes, sir.
661
00:33:43,170 --> 00:33:45,800
- When you approached Avery,
did she ask to be left alone?
662
00:33:50,040 --> 00:33:51,300
- Yes, sir.
663
00:33:51,310 --> 00:33:53,670
- And yet you
grabbed at her skirt.
664
00:33:53,680 --> 00:33:56,640
Was that a choice?
- Yes, sir.
665
00:33:56,650 --> 00:33:59,410
- And when you wouldn't give
Avery her camera back,
666
00:33:59,420 --> 00:34:02,220
was that a choice?
- Yes, sir.
667
00:34:02,220 --> 00:34:03,680
- But pushing her
was not a choice?
668
00:34:03,690 --> 00:34:08,190
- No, he just fell on me,
and I just reacted.
669
00:34:10,230 --> 00:34:11,630
- Why did Avery fall?
670
00:34:11,630 --> 00:34:13,830
Is it because you made
the choice to go after her,
671
00:34:13,840 --> 00:34:17,070
to tease her, to taunt her?
672
00:34:17,070 --> 00:34:19,170
Why would you do that?
673
00:34:27,410 --> 00:34:30,080
- I don't know.
674
00:34:30,090 --> 00:34:33,190
[whispering]
I don't even know, sir.
675
00:34:38,460 --> 00:34:42,170
I'm so sorry.
I'm so sorry.
676
00:34:47,500 --> 00:34:51,570
- We all are, Mr. McCrae.
677
00:34:51,570 --> 00:34:52,870
Nothing further.
678
00:35:02,550 --> 00:35:05,220
- I understand you have
one last witness, Mr. Varma?
679
00:35:05,220 --> 00:35:07,220
- Yes, Your Honor,
Mr. Eric Parker.
680
00:35:07,220 --> 00:35:09,180
- With all due respect
to Mr. Parker, his testimony
681
00:35:09,190 --> 00:35:11,660
is clearly more appropriate
for a victim impact statement.
682
00:35:11,660 --> 00:35:13,760
- Your Honor, he only
approached me yesterday,
683
00:35:13,760 --> 00:35:16,120
and I do believe
that Mr. Parker's testimony
684
00:35:16,130 --> 00:35:20,760
will influence your decision as
to the hate crime charge itself.
685
00:35:20,770 --> 00:35:24,510
- All right, I'll allow it.
686
00:35:24,510 --> 00:35:26,750
- Will you explain to the court
what that is, Mr. Parker?
687
00:35:28,210 --> 00:35:32,920
- An apology drawing
from Darius to Avery.
688
00:35:34,350 --> 00:35:38,460
Avery saw this shortly
before she died.
689
00:35:40,620 --> 00:35:41,920
It meant a lot.
690
00:35:44,390 --> 00:35:49,590
I know Avery felt forgiveness
toward Darius.
691
00:35:49,600 --> 00:35:52,840
- Defense Exhibit D, Your Honor.
692
00:35:55,270 --> 00:35:56,840
- [exhales]
693
00:36:08,420 --> 00:36:10,590
Mr. Parker,
694
00:36:10,590 --> 00:36:15,460
you wish to testify on behalf
of the defendant,
695
00:36:15,460 --> 00:36:17,530
the boy who has caused
your family so much pain?
696
00:36:19,290 --> 00:36:21,890
- Yes.
697
00:36:21,900 --> 00:36:25,330
My wife and I want to make sure
that Avery's death
698
00:36:25,330 --> 00:36:27,360
means something,
699
00:36:27,370 --> 00:36:30,440
that no transgender child
should ever again
700
00:36:30,440 --> 00:36:34,210
be singled out or hurt,
701
00:36:34,210 --> 00:36:38,910
but we also want
to make sure that the tragedy
702
00:36:38,910 --> 00:36:42,880
is not compounded by the tragedy
703
00:36:42,880 --> 00:36:46,750
of taking another child
away from his family.
704
00:36:50,520 --> 00:36:52,950
- Thank you for your compassion.
705
00:36:58,630 --> 00:37:01,730
- Do I think Darius McCrae
left home that morning
706
00:37:01,740 --> 00:37:03,910
with the intent
to kill Avery Parker?
707
00:37:03,910 --> 00:37:07,380
No, but intent
can be formed in an instant,
708
00:37:07,380 --> 00:37:12,450
and in that instant Mr. McCrae
saw Avery as "other,"
709
00:37:12,450 --> 00:37:16,350
someone he could taunt, tease,
710
00:37:16,350 --> 00:37:18,710
someone
he could push off a bridge.
711
00:37:18,720 --> 00:37:21,590
- Darius knows that
what he did was wrong.
712
00:37:21,590 --> 00:37:25,660
That's evidenced by his remorse
and the apology letter he drew.
713
00:37:25,660 --> 00:37:29,260
Now, what happened
on that bridge was tragic,
714
00:37:29,260 --> 00:37:32,730
but sending a 15-year-old boy
to prison
715
00:37:32,730 --> 00:37:36,360
for an instant's loss of control
will not bring Avery back.
716
00:37:36,370 --> 00:37:39,400
- We have heard
that Mr. McCrae is a good kid,
717
00:37:39,410 --> 00:37:43,040
that his actions
were not motivated by hatred,
718
00:37:43,040 --> 00:37:48,040
but one purpose of punishment
is deterrence, to send a message
719
00:37:48,050 --> 00:37:52,890
that there are some actions
not acceptable to society.
720
00:37:52,890 --> 00:37:56,920
- Avery's parents have asked
this court for mercy.
721
00:37:56,920 --> 00:37:58,650
They believe the message
722
00:37:58,660 --> 00:38:02,330
that Avery would want to send
is one of compassion.
723
00:38:02,330 --> 00:38:07,540
Is sending a 15-year-old boy
to an adult prison
724
00:38:07,540 --> 00:38:10,540
really what's best for society?
725
00:38:10,540 --> 00:38:14,340
Are we living in the Dark Ages,
an eye for an eye?
726
00:38:14,340 --> 00:38:16,400
This is two lives lost.
727
00:38:16,410 --> 00:38:18,670
- Transgender teens
have a tough road.
728
00:38:18,680 --> 00:38:22,850
They're ostracized,
bullied, driven to suicide.
729
00:38:22,850 --> 00:38:24,950
I don't normally
go against the wishes
730
00:38:24,950 --> 00:38:28,350
of a victim's parents,
731
00:38:28,360 --> 00:38:31,330
but I never want to see
another child die
732
00:38:31,330 --> 00:38:33,660
simply for being who they are.
733
00:38:36,430 --> 00:38:38,970
- Thank you, Counselors.
734
00:38:38,970 --> 00:38:40,740
I appreciate all
of your arguments.
735
00:38:40,740 --> 00:38:42,110
We'll take a short recess.
736
00:38:44,810 --> 00:38:46,740
- [sighs]
737
00:38:52,850 --> 00:38:55,950
I thought it was real nice
of Mr. Parker
738
00:38:55,950 --> 00:38:58,490
to say the things that he said.
739
00:38:58,490 --> 00:39:00,490
- Mm-hmm.
740
00:39:09,860 --> 00:39:11,990
- It's gonna be okay, isn't it?
741
00:39:12,000 --> 00:39:14,970
- I hope so, Ms. McCrae.
742
00:39:18,670 --> 00:39:20,730
- The judge is coming back in.
743
00:39:23,880 --> 00:39:25,850
- Okay.
744
00:39:30,850 --> 00:39:33,980
- Are we all settled?
745
00:39:33,990 --> 00:39:36,130
Will the defendant please rise?
746
00:39:41,660 --> 00:39:46,460
I was moved by what witnesses
said about your character
747
00:39:46,470 --> 00:39:49,870
and capacity, Mr. McCrae.
748
00:39:49,870 --> 00:39:53,730
I was particularly moved
by Mr. Parker's testimony.
749
00:39:55,910 --> 00:39:58,980
However...
750
00:39:58,980 --> 00:40:02,820
it is unrealistic
to believe that violence
751
00:40:02,820 --> 00:40:04,990
against protected classes
752
00:40:04,990 --> 00:40:08,090
can be extinguished
without appropriate punishment
753
00:40:08,090 --> 00:40:11,890
under the law.
754
00:40:11,890 --> 00:40:15,090
Darius McCrae, I find you
guilty of manslaughter
755
00:40:15,100 --> 00:40:19,000
in the second degree with
the hate crime statute attached.
756
00:40:19,000 --> 00:40:22,440
- No, that's my baby!
757
00:40:22,440 --> 00:40:24,470
- Order, order.
[strikes gavel]
758
00:40:27,970 --> 00:40:29,600
Darius McCrae,
759
00:40:29,610 --> 00:40:33,050
you are hereby remanded
to Brookwood Secure Center
760
00:40:33,050 --> 00:40:36,180
until your 18 birthday,
at which time you will
761
00:40:36,180 --> 00:40:38,110
be transferred to Green
Haven Correctional Facility
762
00:40:38,120 --> 00:40:40,460
to serve out the remainder
of your seven-year term.
763
00:40:41,490 --> 00:40:42,730
Court is adjourned.
764
00:40:42,730 --> 00:40:44,080
[strikes gavel]
765
00:40:47,490 --> 00:40:50,490
- [cries]
766
00:40:50,500 --> 00:40:54,240
[sobs]
767
00:40:54,240 --> 00:40:56,110
[handcuffs click]