1 00:00:01,175 --> 00:00:03,655 Aaron: His name was Andy Josiah. 2 00:00:03,699 --> 00:00:05,918 Husband to Elaine, father to Marcel and Lailah. 3 00:00:05,962 --> 00:00:07,616 Aaron: He shot him in the back. 4 00:00:07,659 --> 00:00:08,965 In front of his son. 5 00:00:09,009 --> 00:00:10,880 And fought like hell. 6 00:00:10,923 --> 00:00:12,708 That's what we need to do. 7 00:00:12,751 --> 00:00:15,450 Okay. How? 8 00:00:15,493 --> 00:00:17,582 Appoint a special prosecutor. 9 00:00:17,626 --> 00:00:18,801 Aaron Wallace. 10 00:00:18,844 --> 00:00:21,325 I need people I can trust. 11 00:00:21,369 --> 00:00:23,240 And that's you and Henry. 12 00:00:23,284 --> 00:00:24,676 People are saying they have no faith 13 00:00:24,720 --> 00:00:27,375 in your ability to deliver justice for Mr. Josiah. 14 00:00:27,418 --> 00:00:30,204 Scotty: You need more of a presence here. 15 00:00:30,247 --> 00:00:31,553 Let me make some calls. 16 00:00:31,596 --> 00:00:34,556 I gotta win this, Marie. 17 00:00:34,599 --> 00:00:35,992 No matter what. 18 00:00:36,036 --> 00:00:38,821 --Captions by VITAC-- 19 00:00:41,954 --> 00:00:44,435 Here's what I can tell you about Aaron Wallace. 20 00:00:44,479 --> 00:00:46,176 If it weren't for him, I'd be sitting in 21 00:00:46,220 --> 00:00:47,830 a jail cell at Bellmore. 22 00:00:47,873 --> 00:00:49,832 We were rotting in there, ready to catch the Covid, 23 00:00:49,875 --> 00:00:51,486 until he showed up. 24 00:00:51,529 --> 00:00:52,922 He never forgot. 25 00:00:52,965 --> 00:00:54,837 And he never gave up on us. 26 00:00:54,880 --> 00:00:56,882 And that's why we're free. 27 00:00:56,926 --> 00:00:59,537 354 of us, he got out. 28 00:00:59,581 --> 00:01:01,931 So I don't want to hear anybody saying 29 00:01:01,974 --> 00:01:03,976 they don't know what his agenda is. 30 00:01:04,020 --> 00:01:06,675 His agenda is to help people. 31 00:01:06,718 --> 00:01:08,546 That's who Aaron Wallace is. 32 00:01:12,333 --> 00:01:14,726 [ Chuckles ] 33 00:01:14,770 --> 00:01:17,120 Been too long, my friend. 34 00:01:17,164 --> 00:01:20,123 Yeah. I know,I'm sorry, I've been -- 35 00:01:20,167 --> 00:01:21,559 Ah-da-da-da-da-da. 36 00:01:21,603 --> 00:01:23,213 I'm not trying to lay no guilt on you. 37 00:01:23,257 --> 00:01:26,086 Just good to see you, man, that's all. 38 00:01:26,129 --> 00:01:27,783 I saw the video Hassanand the guys made. 39 00:01:27,826 --> 00:01:30,960 He said you organized it. 40 00:01:31,003 --> 00:01:32,483 I saw them beating you up out there, 41 00:01:32,527 --> 00:01:34,572 and I figured it was time for the brothers to step up, 42 00:01:34,616 --> 00:01:35,312 say what's what. 43 00:01:35,356 --> 00:01:37,227 [ Chuckles ] 44 00:01:37,271 --> 00:01:40,361 It was nice seeingeverybody like that, man -- 45 00:01:40,404 --> 00:01:42,798 you know, doing so well on the outside. 46 00:01:42,841 --> 00:01:44,060 How about you, man? How you doing? 47 00:01:44,104 --> 00:01:46,062 You know? You still got security? 48 00:01:46,106 --> 00:01:49,196 No. Only around the house.For Marie. 49 00:01:49,239 --> 00:01:50,980 I'm not having anybody in uniform 50 00:01:51,023 --> 00:01:52,416 following me around all day. 51 00:01:52,460 --> 00:01:54,940 Yeah. 52 00:01:54,984 --> 00:01:57,595 Listen, you know, if you need my kinda help, 53 00:01:57,639 --> 00:01:58,596 just say the word. 54 00:01:58,640 --> 00:02:01,556 No. No. I'm good. 55 00:02:01,599 --> 00:02:03,514 Trial starts tomorrow. 56 00:02:03,558 --> 00:02:06,430 It'll be over soon. 57 00:02:06,474 --> 00:02:09,477 Aa-ron. Takin' it to the Man. 58 00:02:09,520 --> 00:02:11,740 [ Chuckles ] 59 00:02:13,655 --> 00:02:15,874 Aaron: I saw Marcel yesterday. 60 00:02:15,918 --> 00:02:18,573 He's starting to whoop me at chess. 61 00:02:20,227 --> 00:02:24,187 And Lailah, man... she keeps growing. 62 00:02:25,449 --> 00:02:27,843 I keep watching the home videos of you. 63 00:02:27,886 --> 00:02:30,672 Think about you all the time, man. 64 00:02:30,715 --> 00:02:33,849 I can't promise you anything, Andy. 65 00:02:33,892 --> 00:02:37,635 Not in this world. 66 00:02:37,679 --> 00:02:40,943 Except I'm gonna give you everything I got. 67 00:02:42,336 --> 00:02:44,947 [ Inhales deeply ] 68 00:02:44,990 --> 00:02:48,080 I know that what happened to Andy Josiah was wrong. 69 00:02:48,124 --> 00:02:51,301 And Special Prosecutor Aaron Wallace and his team 70 00:02:51,345 --> 00:02:53,564 have determined what charges should be brought 71 00:02:53,608 --> 00:02:54,913 and against whom. 72 00:02:54,957 --> 00:02:57,481 Full transparency and a fair trial 73 00:02:57,525 --> 00:02:59,179 is what I promised. 74 00:02:59,222 --> 00:03:01,703 I understand that tensions are very high right now, 75 00:03:01,746 --> 00:03:04,401 but as the trial of Officer Lindsley begins, 76 00:03:04,445 --> 00:03:07,926 I ask for calm no matter what happens in the coming days. 77 00:03:07,970 --> 00:03:09,319 Roberts: All rise! 78 00:03:09,363 --> 00:03:11,800 The People vs. Edgar Lindsley on the charges of 79 00:03:11,843 --> 00:03:13,845 Manslaughter in the First Degree 80 00:03:13,889 --> 00:03:15,456 and Criminally Negligent Homicide. 81 00:03:15,499 --> 00:03:17,501 Judge Howell: Because of the pandemic, 82 00:03:17,545 --> 00:03:19,982 we have determined that the jury will be sequestered 83 00:03:20,025 --> 00:03:22,332 and observe the proceedings on video feeds. 84 00:03:22,376 --> 00:03:23,638 Everyone in attendance 85 00:03:23,681 --> 00:03:25,466 has tested negative for the virus 86 00:03:25,509 --> 00:03:28,208 and will self-quarantine during the length of the trial. 87 00:03:28,251 --> 00:03:30,949 Given the significant public interest in this case, 88 00:03:30,993 --> 00:03:33,996 we will live-stream the proceedings 89 00:03:34,039 --> 00:03:36,955 on the Office of Court Administration website. 90 00:03:36,999 --> 00:03:39,958 Mr. Wallace, opening statement? 91 00:03:44,224 --> 00:03:45,747 Aaron: It's a Tuesday night, 92 00:03:45,790 --> 00:03:49,533 and a man has a very important errand. 93 00:03:49,577 --> 00:03:54,059 His wife has a craving for mint chocolate chip ice cream. 94 00:03:54,103 --> 00:03:58,803 The man loves his wife, and he wants her to be happy, 95 00:03:58,847 --> 00:04:00,762 especially since they have a new baby 96 00:04:00,805 --> 00:04:02,590 and the cravings from her pregnancy, 97 00:04:02,633 --> 00:04:05,288 they -- they just haven't gone away yet. 98 00:04:05,332 --> 00:04:08,683 As the man grabs his car keys, 99 00:04:08,726 --> 00:04:13,122 his 7-year-old son begs to come with him. 100 00:04:13,165 --> 00:04:15,298 Now, this father is good. 101 00:04:15,342 --> 00:04:22,087 He's loving, kind, and knows what his son needs. 102 00:04:23,611 --> 00:04:26,309 The drive will give him a chance to convey some life lessons. 103 00:04:26,353 --> 00:04:29,269 That the world doesn't revolve around the boy 104 00:04:29,312 --> 00:04:32,924 and that he's gonna have to learn how to share. 105 00:04:32,968 --> 00:04:36,711 So they head off on their adventure. 106 00:04:36,754 --> 00:04:38,582 The corner store. 107 00:04:38,626 --> 00:04:40,454 They have their talk, 108 00:04:40,497 --> 00:04:45,285 they get their ice cream, and they're on their way home. 109 00:04:45,328 --> 00:04:48,679 But the boy forgot Tank -- his favorite toy -- 110 00:04:48,723 --> 00:04:51,900 back at the store. 111 00:04:51,943 --> 00:04:55,295 Now, the father doesn't scold his son. 112 00:04:55,338 --> 00:04:57,253 It's not his style. 113 00:04:57,297 --> 00:05:02,998 He says "no sweat," turns the car around. 114 00:05:03,041 --> 00:05:06,349 Two minutes later, the man was pulled over. 115 00:05:06,393 --> 00:05:11,572 Six minutes later, he's shot in the back. 116 00:05:11,615 --> 00:05:13,617 Unarmed. 117 00:05:13,661 --> 00:05:16,664 No criminal record. 118 00:05:16,707 --> 00:05:21,538 That man's name was Andy Josiah, 119 00:05:21,582 --> 00:05:23,453 and this is who he was. 120 00:05:24,802 --> 00:05:26,021 Now, this is gonna be a dunk. 121 00:05:26,064 --> 00:05:27,022 I want you to hang on the net 122 00:05:27,065 --> 00:05:28,240 for a little while, alright? 123 00:05:28,284 --> 00:05:29,459 You got that, babe? Ready? Let's dunk. 124 00:05:29,503 --> 00:05:31,243 Ahh! 125 00:05:31,287 --> 00:05:32,767 Ha! 126 00:05:32,810 --> 00:05:34,377 Yay! 127 00:05:34,421 --> 00:05:36,248 We got it. We got it? 128 00:05:36,292 --> 00:05:38,207 You see him? That's my son. 129 00:05:38,250 --> 00:05:40,383 My son, my son. Mwah! 130 00:05:40,427 --> 00:05:41,602 Elaine: You want to put -- put more sauce on? 131 00:05:41,645 --> 00:05:42,646 More sauce, more sauce. 132 00:05:42,690 --> 00:05:44,692 [ Laughter] 133 00:05:44,735 --> 00:05:45,954 Just a little bit. Alright. 134 00:05:45,997 --> 00:05:47,782 You're doing the right thing. 135 00:05:47,825 --> 00:05:49,697 And no matter how they look at you, 136 00:05:49,740 --> 00:05:52,961 you get up on that stand, and you speak your truth. 137 00:05:53,004 --> 00:05:55,485 And remember, you got the surveillance video 138 00:05:55,529 --> 00:05:58,358 corroborating everything you say. 139 00:05:59,576 --> 00:06:02,187 Officer Matranga, I have here the police report 140 00:06:02,231 --> 00:06:05,626 from that evening that you wrote and signed. 141 00:06:05,669 --> 00:06:07,062 Can you tell me what it says 142 00:06:07,105 --> 00:06:09,238 about why you stopped Andy Josiah? 143 00:06:09,281 --> 00:06:11,283 It says we pulled him over because he was 144 00:06:11,327 --> 00:06:13,024 talking on his cellphone. 145 00:06:13,068 --> 00:06:15,853 But you said earlier it was because of an illegal U-turn. 146 00:06:15,897 --> 00:06:17,855 Why did your account change? 147 00:06:17,899 --> 00:06:20,641 When Lieutenant Diaz arrived on the scene 148 00:06:20,684 --> 00:06:22,947 and he started asking questions, 149 00:06:22,991 --> 00:06:24,514 he told me to change our story. 150 00:06:24,558 --> 00:06:27,125 Were there other things in your account 151 00:06:27,169 --> 00:06:30,128 that Lieutenant Diaz told you to change for your report? 152 00:06:30,172 --> 00:06:32,304 Everything in that report 153 00:06:32,348 --> 00:06:34,655 is different from what really happened. 154 00:06:34,698 --> 00:06:36,308 If we may, Your Honor, 155 00:06:36,352 --> 00:06:38,659 we have video surveillance footage we'd like to play. 156 00:06:38,702 --> 00:06:40,530 The Defense will have to object to this, Your Honor. 157 00:06:40,574 --> 00:06:42,576 This video footage has not been properly authenticated. 158 00:06:42,619 --> 00:06:45,709 It's security footage from a camera owned by Sherwin Maloof, 159 00:06:45,753 --> 00:06:47,537 who's presently in Iran, 160 00:06:47,581 --> 00:06:49,757 but he did authenticate it already once 161 00:06:49,800 --> 00:06:50,845 during the grand jury. 162 00:06:50,888 --> 00:06:52,368 He went to Iran? 163 00:06:52,412 --> 00:06:54,979 One of the worst hit Covid areas in the world? 164 00:06:55,023 --> 00:06:56,633 He has sick family there, Your Honor. 165 00:06:56,677 --> 00:06:59,723 It was a sudden decision and one we have no control over. 166 00:06:59,767 --> 00:07:01,856 Is that so? 167 00:07:01,899 --> 00:07:06,513 Because we subpoenaed Mr. Maloof's text records 168 00:07:06,556 --> 00:07:09,167 and discovered 169 00:07:09,211 --> 00:07:14,259 a curious correspondence between him and Safiya Masry. 170 00:07:14,303 --> 00:07:17,001 In one of their most recent exchanges, 171 00:07:17,045 --> 00:07:19,743 Mr. Maloof wrote "Safe in Tehran. 172 00:07:19,787 --> 00:07:22,180 Thank you for letting me go." 173 00:07:22,224 --> 00:07:24,095 I couldn't find Mr. Maloof in Tehran, 174 00:07:24,139 --> 00:07:26,358 but I did get an affidavit from his wife, 175 00:07:26,402 --> 00:07:29,274 who stated it was Ms. Masry...Is this true? 176 00:07:29,318 --> 00:07:31,363 ...who suggested her husband leave the country.He was never gonna testify. 177 00:07:31,407 --> 00:07:32,800 It was the only way. 178 00:07:32,843 --> 00:07:34,454 Judge Howell: Ms. Masry? 179 00:07:34,497 --> 00:07:38,022 Uh, the witness was terrified to testify against the police 180 00:07:38,066 --> 00:07:40,068 because he'd been arrested on a petty charge 181 00:07:40,111 --> 00:07:41,939 designed to intimidate him. 182 00:07:41,983 --> 00:07:44,028 I did tell him that having authenticated 183 00:07:44,072 --> 00:07:45,726 the video at the Grand Jury stage, 184 00:07:45,769 --> 00:07:47,945 a court would likely still admit the video 185 00:07:47,989 --> 00:07:49,904 even if he was unavailable. 186 00:07:49,947 --> 00:07:52,515 I should also note that neither Mr. Roswell 187 00:07:52,559 --> 00:07:55,866 nor Mr. Wallace were aware of my conversation with Mr. Maloof. 188 00:07:55,910 --> 00:07:57,738 Whether or not her co-counsels knew, 189 00:07:57,781 --> 00:08:01,263 Ms. Masry basically told the witness to flee. 190 00:08:01,306 --> 00:08:04,179 If the prosecution procured his unavailability, 191 00:08:04,222 --> 00:08:07,443 the Court can't possibly allow the video into evidence. 192 00:08:07,487 --> 00:08:10,185 No. Clearly. 193 00:08:10,228 --> 00:08:13,144 I cannot imagine what you were thinking, Ms. Masry, 194 00:08:13,188 --> 00:08:14,929 but the court will be excluding the video. 195 00:08:14,972 --> 00:08:20,064 ♪♪ 196 00:08:20,108 --> 00:08:21,979 Roswell: I don't knowhow you could do that without telling us. 197 00:08:22,023 --> 00:08:24,982 Come on, Henry, you know you both needed deniability. 198 00:08:25,026 --> 00:08:26,984 No one's gonna believe us anyway. 199 00:08:27,028 --> 00:08:30,205 We needed to decide this together. 200 00:08:30,248 --> 00:08:32,642 Maybe I should step down. Clear the air for you two. 201 00:08:32,686 --> 00:08:35,297 And how do you think that's gonna look for the jury? 202 00:08:35,340 --> 00:08:37,517 When they get back, suddenly you're gone? 203 00:08:37,560 --> 00:08:39,562 We need to focus on Matranga. 204 00:08:39,606 --> 00:08:41,521 Where's his head? 205 00:08:41,564 --> 00:08:44,132 Without that video, it's his word against theirs. 206 00:08:44,175 --> 00:08:46,874 Maybe we should adjourn till tomorrow. 207 00:08:46,917 --> 00:08:49,659 No. We give him any more time to think, he's gonna fold. 208 00:08:49,703 --> 00:08:51,400 We need to throw him up there and let him finish. 209 00:08:51,443 --> 00:08:55,317 ♪♪ 210 00:08:55,360 --> 00:08:58,929 Officer Matranga, you testified earlier 211 00:08:58,973 --> 00:09:01,845 that when Officer Lindsley sent you back to the squad car 212 00:09:01,889 --> 00:09:04,195 to run Andy's license, that you were nervous. 213 00:09:04,239 --> 00:09:05,370 That's right. 214 00:09:05,414 --> 00:09:08,025 Why was that? 215 00:09:08,069 --> 00:09:10,462 I was afraid the situation might escalate. 216 00:09:10,506 --> 00:09:13,074 But you said you observed Andy being compliant. 217 00:09:13,117 --> 00:09:14,945 I wasn't worried about him. 218 00:09:14,989 --> 00:09:18,166 So you were concerned about Officer Lindsley? 219 00:09:18,209 --> 00:09:20,603 Well, I'd seen him use f-force at times 220 00:09:20,647 --> 00:09:21,865 I didn't think was necessary. 221 00:09:21,909 --> 00:09:24,128 On how many occasions? 222 00:09:24,172 --> 00:09:26,740 At least half a dozen. If he was amped up. 223 00:09:26,783 --> 00:09:29,873 Was he amped up the night he shot Andy Josiah? 224 00:09:29,917 --> 00:09:32,484 We all were. I mean, he was especially. 225 00:09:32,528 --> 00:09:34,574 And why was that? 226 00:09:34,617 --> 00:09:36,663 Because of the protests. 227 00:09:36,706 --> 00:09:38,534 So, do you think he was looking for somewhere 228 00:09:38,578 --> 00:09:41,493 to put that amped-up energy? 229 00:09:41,537 --> 00:09:43,670 I don't know. I hope not. 230 00:09:45,454 --> 00:09:47,108 No further questions, Your Honor. 231 00:09:49,414 --> 00:09:52,243 Officer Matranga, how long did you work 232 00:09:52,287 --> 00:09:55,029 with Officer Lindsley as partners? 233 00:09:55,072 --> 00:09:56,813 Almost two years. 234 00:09:56,857 --> 00:10:01,122 And over the course of two years, 235 00:10:01,165 --> 00:10:05,474 did you ever report Mr. Lindsley to your superior? 236 00:10:05,517 --> 00:10:07,084 [ Chuckles ] No. 237 00:10:07,128 --> 00:10:10,740 Did you ever express any reservations about 238 00:10:10,784 --> 00:10:14,918 working with him or ask for a new assignment? 239 00:10:16,528 --> 00:10:17,834 No. 240 00:10:17,878 --> 00:10:19,880 Did the prosecution offer you immunity 241 00:10:19,923 --> 00:10:21,403 to testify today? 242 00:10:21,446 --> 00:10:23,361 I'm testifying because my part-- 243 00:10:23,405 --> 00:10:24,972 Yes or no. 244 00:10:25,015 --> 00:10:29,890 Were you offered immunity in exchange for your testimony? 245 00:10:29,933 --> 00:10:31,282 Yes. 246 00:10:31,326 --> 00:10:36,636 So after two years of saying nothing 247 00:10:36,679 --> 00:10:40,465 about a partner who supposedly has concerning behavior, 248 00:10:40,509 --> 00:10:42,380 now that it benefits you, you're willing to say 249 00:10:42,424 --> 00:10:44,208 almost anything to save yourself? 250 00:10:44,252 --> 00:10:45,688 I am telling the truth. 251 00:10:45,732 --> 00:10:46,907 Then let me ask you this. 252 00:10:46,950 --> 00:10:48,560 At what point during the evening 253 00:10:48,604 --> 00:10:51,868 did you believe Officer Lindsley was violating police protocol? 254 00:10:51,912 --> 00:10:55,959 Was it when you went back to the car and said nothing? 255 00:10:56,003 --> 00:10:59,920 Or was it when you were in the car, doing nothing? 256 00:11:01,269 --> 00:11:03,314 I'll ask you this then. 257 00:11:03,358 --> 00:11:07,710 As per your police protocol, if you were the one 258 00:11:07,754 --> 00:11:10,539 who asked Mr. Josiah to get out of the car, 259 00:11:10,582 --> 00:11:15,718 if you were the one standing five feet away 260 00:11:15,762 --> 00:11:18,765 when he reached into a car, 261 00:11:18,808 --> 00:11:21,768 can you know for certain what you would have done? 262 00:11:26,642 --> 00:11:28,209 No. 263 00:11:28,252 --> 00:11:37,087 ♪♪ 264 00:11:37,131 --> 00:11:40,177 Maybe we go back to Diaz and offer him a deal. 265 00:11:40,221 --> 00:11:41,831 Without the video of him harassing Sherwin, 266 00:11:41,875 --> 00:11:43,528 he'll laugh in our faces. 267 00:11:43,572 --> 00:11:45,313 What about trying to get Sherwin back here? 268 00:11:45,356 --> 00:11:46,618 It's worth a try. 269 00:11:46,662 --> 00:11:48,969 It's fruit from a poisonous tree now, Saf. 270 00:11:49,012 --> 00:11:50,187 Forget it. 271 00:11:50,231 --> 00:11:52,233 We find something in Lindsley's past. 272 00:11:52,276 --> 00:11:54,539 One of the other incidents. We -- We show a pattern. 273 00:11:54,583 --> 00:11:56,759 Unless we find an incident where he shot someone, 274 00:11:56,803 --> 00:11:58,761 Judge is never gonna let us walk down that road. 275 00:11:58,805 --> 00:12:00,197 Maybe we try and say it's something racial 276 00:12:00,241 --> 00:12:01,198 and show it was a hate crime? 277 00:12:01,242 --> 00:12:02,852 That's a whole other charge. 278 00:12:02,896 --> 00:12:05,333 We're not going back to a third Grand Jury, Charlotte. 279 00:12:05,376 --> 00:12:07,248 You're just gonna sit there and say no to everything? 280 00:12:07,291 --> 00:12:10,686 I'm not gonna pitch bad ideas just 'cause we're losing. 281 00:12:10,730 --> 00:12:14,124 If you ask me, I say we -- we leak the video to the press, 282 00:12:14,168 --> 00:12:15,778 make sure the jury sees it. 283 00:12:15,822 --> 00:12:17,258 No. 284 00:12:17,301 --> 00:12:19,129 I'm not putting that lynching porn on the Internet 285 00:12:19,173 --> 00:12:20,783 for Marcel and his sister to grow up 286 00:12:20,827 --> 00:12:22,263 watching their father get murdered. 287 00:12:22,306 --> 00:12:24,047 Well, how about calling Marcel to the stand? 288 00:12:24,091 --> 00:12:25,701 I'm almost afraid to mention it 289 00:12:25,745 --> 00:12:27,485 'cause you're too close to that family, 290 00:12:27,529 --> 00:12:31,968 and everybody in this room knows we got no choice now. 291 00:12:33,622 --> 00:12:36,146 Alright. I'm gonna get some fresh air. 292 00:12:36,190 --> 00:12:37,931 Aaron. 293 00:12:39,584 --> 00:12:41,848 Aaron. 294 00:12:43,980 --> 00:12:46,504 I blew it. 295 00:12:46,548 --> 00:12:48,289 I blew the whole thing. 296 00:12:48,332 --> 00:12:52,075 ♪♪ 297 00:12:52,119 --> 00:12:54,251 Aaron? 298 00:12:54,295 --> 00:12:55,513 Aaron? What? 299 00:12:55,557 --> 00:12:57,080 I'm -- I'm sorry. 300 00:12:57,124 --> 00:12:58,647 That didn't come out the way I wanted it to. 301 00:12:58,690 --> 00:13:00,736 Man: Aaron Wallace? 302 00:13:00,780 --> 00:13:02,694 Big man. 303 00:13:02,738 --> 00:13:04,305 Righteous man. 304 00:13:04,348 --> 00:13:05,959 You got -- You got a problem? 305 00:13:06,002 --> 00:13:08,265 Nah, nah, I think he does, though. 306 00:13:08,309 --> 00:13:10,746 Whoa, whoa, whoa, easy! Easy! Easy! Easy! Easy! 307 00:13:10,790 --> 00:13:12,052 Blue Lives Matter! 308 00:13:12,095 --> 00:13:13,488 Ohh! 309 00:13:13,531 --> 00:13:14,445 [ Groaning ] 310 00:13:14,489 --> 00:13:15,751 Aaron: Henry! 311 00:13:15,795 --> 00:13:17,100 Oh! What happened?! 312 00:13:17,144 --> 00:13:18,667 Call an ambulance! He's been shot! 313 00:13:18,710 --> 00:13:20,147 He's bleeding bad! 314 00:13:20,190 --> 00:13:22,105 We need something to wrap it! Charlotte, get some towels! 315 00:13:22,149 --> 00:13:23,715 Are you all right? 316 00:13:23,759 --> 00:13:24,891 Yeah. You're gonna be okay, Henry. 317 00:13:24,934 --> 00:13:26,327 We got you. We got you. [ Groans ] 318 00:13:30,157 --> 00:13:31,419 [ Footsteps approaching ] 319 00:13:31,462 --> 00:13:34,030 Aaron! 320 00:13:35,902 --> 00:13:37,729 What do the doctors say? 321 00:13:37,773 --> 00:13:40,297 He's still in the O.R.Oh, my God. 322 00:13:40,341 --> 00:13:41,733 When I first heard, I thought I lost you. 323 00:13:41,777 --> 00:13:43,953 I know. I know. 324 00:13:43,997 --> 00:13:46,129 Did you talk to Jazz? 325 00:13:46,173 --> 00:13:49,263 Yeah. She's okay. She knows I'm all right. 326 00:13:49,306 --> 00:13:52,005 Reporter: The gunman's apparent target was Aaron Wallace, 327 00:13:52,048 --> 00:13:54,311 who's angered conservative groups who believe 328 00:13:54,355 --> 00:13:57,532 he's on a crusade to destroy the NYPD. 329 00:13:57,575 --> 00:14:00,317 Once again, Special Prosecutor Aaron Wallace 330 00:14:00,361 --> 00:14:03,320 appears to have been the intended target. 331 00:14:07,194 --> 00:14:09,544 [ Ventilator hissing, monitor beeping ] 332 00:14:09,587 --> 00:14:11,981 He stepped in front of me. 333 00:14:15,985 --> 00:14:18,466 He took a bullet for me. 334 00:14:18,509 --> 00:14:19,859 [ Cellphone vibrating ] 335 00:14:27,518 --> 00:14:28,693 Hey, Elaine. 336 00:14:28,737 --> 00:14:30,130 Is everything all right? 337 00:14:30,173 --> 00:14:31,914 Yeah, I'm fine. And so is Henry. 338 00:14:31,958 --> 00:14:34,134 Oh, my God. This is... 339 00:14:34,177 --> 00:14:35,178 I know. 340 00:14:35,222 --> 00:14:37,267 So, what happens now? 341 00:14:37,311 --> 00:14:39,008 The Judge will give us a mistrial. 342 00:14:39,052 --> 00:14:41,881 We can start over in a few months. 343 00:14:41,924 --> 00:14:44,057 We get Henry back, regroup, 344 00:14:44,100 --> 00:14:46,668 and hopefully this whole thing dies down. 345 00:14:46,711 --> 00:14:48,626 No. It won't. 346 00:14:48,670 --> 00:14:50,280 And you can't give that young cop a chance 347 00:14:50,324 --> 00:14:52,282 to change his story again. 348 00:14:52,326 --> 00:14:54,894 The thing is, Elaine... 349 00:14:54,937 --> 00:14:56,417 is we're losing. 350 00:14:56,460 --> 00:14:57,635 Pretty bad. 351 00:14:57,679 --> 00:14:59,202 So without that video -- 352 00:14:59,246 --> 00:15:01,378 That's why you're gonna put Marcel on the stand. 353 00:15:01,422 --> 00:15:03,163 We didn't want to do that. 354 00:15:03,206 --> 00:15:05,687 Andy is never coming back, Aaron. 355 00:15:05,730 --> 00:15:07,123 If anything is gonna break Marcel, 356 00:15:07,167 --> 00:15:09,821 it's gonna be not having his father. 357 00:15:09,865 --> 00:15:12,955 Marcel can testify that Andy wasn't arguing. 358 00:15:12,999 --> 00:15:14,261 He can also tell the jury 359 00:15:14,304 --> 00:15:17,525 that that man pointed a gun at him. 360 00:15:17,568 --> 00:15:20,963 We've come this far. We gotta finish this now. 361 00:15:21,007 --> 00:15:22,312 [ Sighs ] 362 00:15:25,272 --> 00:15:27,752 I didn't want it to come to this. 363 00:15:27,796 --> 00:15:30,407 I put you in this position. 364 00:15:30,451 --> 00:15:33,106 You haven't seen your kids in over a month. 365 00:15:35,195 --> 00:15:37,197 I know what you've sacrificed to do this with me. 366 00:15:40,722 --> 00:15:42,680 [ Footsteps approaching ] 367 00:15:44,900 --> 00:15:46,858 Give me a minute. 368 00:15:48,686 --> 00:15:51,167 How's Henry doing? 369 00:15:51,211 --> 00:15:52,386 [ Sighs ] 370 00:15:52,429 --> 00:15:53,822 He'll be out of commission for a while, 371 00:15:53,865 --> 00:15:56,259 but...seems like he'll be all right. 372 00:15:56,303 --> 00:15:58,522 I know how close you two are. 373 00:15:58,566 --> 00:16:00,829 I heard you had some issues, too. 374 00:16:00,872 --> 00:16:05,355 Mm. Nothing like that. Just hate mail. 375 00:16:05,399 --> 00:16:07,227 Yeah. People are having a hard time 376 00:16:07,270 --> 00:16:08,880 figuring out what it is you're doing here. 377 00:16:10,447 --> 00:16:13,015 There can't be any doubt in your mind he's a racist. 378 00:16:13,059 --> 00:16:15,235 And that he shot Andy in cold blood. 379 00:16:15,278 --> 00:16:17,498 As a matter of fact, I do have doubt. 380 00:16:17,541 --> 00:16:20,022 And he deserves the benefit of that, like anyone else. 381 00:16:20,066 --> 00:16:22,285 He had plenty of lawyers to choose from, 382 00:16:22,329 --> 00:16:25,071 so it wasn't exactly your civic duty to take this on. 383 00:16:25,114 --> 00:16:26,507 So if a Black woman does anything 384 00:16:26,550 --> 00:16:29,162 outside of your rulebook, she's a race traitor. 385 00:16:29,205 --> 00:16:30,685 It's got nothing to do with you being a woman. 386 00:16:30,728 --> 00:16:32,556 If a Black woman's literally not walking behind the coffin, 387 00:16:32,600 --> 00:16:34,819 holding a handkerchief, with her head down in deference... 388 00:16:34,863 --> 00:16:36,517 You representing him......burn her at the stake. 389 00:16:36,560 --> 00:16:38,127 ...condones what he did. Period. 390 00:16:41,217 --> 00:16:44,264 Do you know how many Black women were beaten, 391 00:16:44,307 --> 00:16:49,138 shot, arrested the same week as Andy Josiah? 392 00:16:49,182 --> 00:16:51,532 Why don't you take one of their cases? 393 00:16:51,575 --> 00:16:53,447 There was a Black woman 394 00:16:53,490 --> 00:16:56,276 who was killed in her own home by cops. 395 00:16:56,319 --> 00:16:58,278 I don't see the outrage for her. 396 00:16:58,321 --> 00:16:59,931 Where's her burning buildings? 397 00:17:03,544 --> 00:17:07,069 I'm sorry about what happened to you, 398 00:17:07,113 --> 00:17:09,550 and I respect what you've done for yourself. 399 00:17:09,593 --> 00:17:12,118 I don't think it's too much to expect the same from you. 400 00:17:20,778 --> 00:17:24,260 We are reconvening today under very extreme circumstances. 401 00:17:24,304 --> 00:17:26,393 If the prosecution would like an adjournment, 402 00:17:26,436 --> 00:17:29,352 the court would of course be amenable. 403 00:17:29,396 --> 00:17:31,876 Thank you, Your Honor. 404 00:17:31,920 --> 00:17:33,530 We're ready to proceed. 405 00:17:34,183 --> 00:17:36,968 Then present your next witness, please. 406 00:17:40,755 --> 00:17:42,757 You ready, Big Man? 407 00:17:42,800 --> 00:17:46,282 If I tell you, will this man go to jail? 408 00:17:46,326 --> 00:17:48,328 [ Sighs ] 409 00:17:48,371 --> 00:17:50,460 You just tell the judge everything you know, 410 00:17:50,504 --> 00:17:52,723 and I'll do my job, alright? 411 00:17:54,073 --> 00:17:55,248 Alright. 412 00:17:57,032 --> 00:17:59,121 The People call Marcel Josiah. 413 00:17:59,165 --> 00:18:05,432 ♪♪ 414 00:18:05,475 --> 00:18:11,960 ♪♪ 415 00:18:15,790 --> 00:18:17,835 [ Police radio chatter ] 416 00:18:17,879 --> 00:18:20,403 I'm sure the Attorney General's office will give you a call, 417 00:18:20,447 --> 00:18:22,579 but I just heard that they arrested the guy 418 00:18:22,623 --> 00:18:24,146 who shot Roswell. 419 00:18:24,190 --> 00:18:25,060 Who is he? 420 00:18:25,104 --> 00:18:26,714 Name's Mark Bosworth. 421 00:18:26,757 --> 00:18:29,151 No connection to police. 422 00:18:29,195 --> 00:18:30,805 Well, he was spouting off "Blue Lives Matter." 423 00:18:30,848 --> 00:18:33,068 Mm. There's a lot of Internet chatter. 424 00:18:33,112 --> 00:18:35,331 Seems like he drove all the way up from Virginia. 425 00:18:35,375 --> 00:18:37,420 I guess this story's going national. 426 00:18:37,464 --> 00:18:41,207 Listen, when the trial's over, 427 00:18:41,250 --> 00:18:44,819 I'm gonna recommend to the DA that you be taken off probation. 428 00:18:44,862 --> 00:18:47,126 We both know it's ridiculous. 429 00:18:47,169 --> 00:18:49,911 So what? 430 00:18:49,954 --> 00:18:51,826 We're not gonna be hanging out like this no more? 431 00:18:51,869 --> 00:18:53,480 Just keep doing what you're doing. 432 00:18:53,523 --> 00:18:55,786 Win or lose, 433 00:18:55,830 --> 00:18:58,485 you're a role model to a lot of people right now. 434 00:18:58,528 --> 00:19:00,878 Including my 9-year-old son. 435 00:19:02,576 --> 00:19:05,883 You really came through for me, Scotty. 436 00:19:05,927 --> 00:19:07,798 Thank you. 437 00:19:07,842 --> 00:19:09,322 [ Cellphone vibrating ] 438 00:19:11,846 --> 00:19:13,369 Say good night to Marie for me. 439 00:19:16,938 --> 00:19:18,635 Hey. 440 00:19:18,679 --> 00:19:21,986 I have a play that would give us back the idea of the video. 441 00:19:22,030 --> 00:19:23,988 What do you mean the "idea"? 442 00:19:24,032 --> 00:19:27,209 Roberts: The People call Marco Diaz. 443 00:19:33,172 --> 00:19:35,086 [ Door closes ]Something happen to him? 444 00:19:38,699 --> 00:19:40,570 Do you swear to tell the truth, the whole truth 445 00:19:40,614 --> 00:19:42,311 and nothing but the truth, so help you God? 446 00:19:42,355 --> 00:19:43,791 I do. 447 00:19:44,270 --> 00:19:46,359 Lieutenant Diaz. Good morning. 448 00:19:46,402 --> 00:19:48,839 No, it isn't. 449 00:19:48,883 --> 00:19:51,190 No. I suppose you're right. 450 00:19:51,233 --> 00:19:53,931 Certainly not for the family of Andy Josiah. 451 00:19:53,975 --> 00:19:55,759 Or Officer Lindsley. 452 00:19:55,803 --> 00:19:57,935 Or any other person who puts on the uniform 453 00:19:57,979 --> 00:19:59,676 and goes out into the streets to protect people like you. 454 00:19:59,720 --> 00:20:01,200 Okay. Well, I'm glad we're clear 455 00:20:01,243 --> 00:20:03,289 about your attitude about all of this. 456 00:20:03,332 --> 00:20:06,248 Let's get to what happened the night of June 9th. 457 00:20:06,292 --> 00:20:08,424 Were you present on the scene the night 458 00:20:08,468 --> 00:20:12,863 that Andy Josiah was shot in the back by Officer Lindsley? 459 00:20:12,907 --> 00:20:14,952 I arrived at the scene afterwards. 460 00:20:14,996 --> 00:20:16,650 And what was your role there? 461 00:20:16,693 --> 00:20:18,391 To supervise the investigation. 462 00:20:18,434 --> 00:20:19,957 Was it part of your job to collect 463 00:20:20,001 --> 00:20:21,959 witness interviews on the scene? 464 00:20:22,003 --> 00:20:23,439 It always is. Mm-hmm. 465 00:20:23,483 --> 00:20:26,225 And -- And were any witness interviews conducted? 466 00:20:26,268 --> 00:20:28,357 There wasn't anybody around, so no. 467 00:20:28,401 --> 00:20:31,882 Did anyone canvass the neighborhood? 468 00:20:31,926 --> 00:20:33,014 Not to my knowledge, no. 469 00:20:33,057 --> 00:20:35,408 Look for video surveillance footage? 470 00:20:35,451 --> 00:20:37,497 I was told there was nothing in the area. 471 00:20:37,540 --> 00:20:38,715 By whom? 472 00:20:38,759 --> 00:20:40,456 The uniform on scene. 473 00:20:40,500 --> 00:20:41,675 Can't remember who. 474 00:20:41,718 --> 00:20:44,112 So you don't remember 475 00:20:44,155 --> 00:20:46,680 going into Sherwin Maloof's bodega 476 00:20:46,723 --> 00:20:50,292 and asking him about the existence of video footage? 477 00:20:50,336 --> 00:20:52,512 Nope. 478 00:20:52,555 --> 00:20:56,994 Well, this is video taken from inside the bodega. 479 00:20:57,038 --> 00:20:57,734 Is that you, Lieutenant Diaz? 480 00:20:57,778 --> 00:20:59,040 Objection! No. 481 00:20:59,083 --> 00:21:00,302 He just said he didn't remember. 482 00:21:00,346 --> 00:21:01,956 I'm merely refreshing his recollection. 483 00:21:01,999 --> 00:21:04,698 It's a backdoor way to avoid the authentication ruling. 484 00:21:04,741 --> 00:21:06,308 We're not seeking to introduce this 485 00:21:06,352 --> 00:21:07,875 as evidence, Your Honor. 486 00:21:07,918 --> 00:21:11,182 Rule 6.09 subdivision one specifically allows 487 00:21:11,226 --> 00:21:13,097 the use of a writing or other matter 488 00:21:13,141 --> 00:21:15,230 precisely for this purpose. 489 00:21:15,274 --> 00:21:17,319 She's not wrong, Ms. Marshall. 490 00:21:17,363 --> 00:21:19,147 Overruled. 491 00:21:19,190 --> 00:21:21,236 So, Lieutenant Diaz, 492 00:21:21,280 --> 00:21:24,326 is this helping you jog your memory? 493 00:21:24,370 --> 00:21:26,241 I don't know when that is. 494 00:21:26,285 --> 00:21:30,376 Well, the date/time code at the bottom indicates June 9th. 495 00:21:30,419 --> 00:21:34,205 Do you remember what you and Mr. Maloof talked about? 496 00:21:34,249 --> 00:21:35,903 No. 497 00:21:35,946 --> 00:21:37,208 Oh. 498 00:21:37,252 --> 00:21:39,428 Well, that right there 499 00:21:39,472 --> 00:21:41,648 looks like you getting a flash drive from him. 500 00:21:41,691 --> 00:21:43,911 Where is that flash drive now, Lieutenant? 501 00:21:43,954 --> 00:21:45,652 I don't know. 502 00:21:45,695 --> 00:21:48,568 Did that flash drive contain footage of the shooting, 503 00:21:48,611 --> 00:21:50,657 Lieutenant Diaz? 504 00:21:52,702 --> 00:21:55,662 On advice of counsel, I'm gonna plead the fifth. 505 00:21:55,705 --> 00:21:57,359 Did you destroy it? 506 00:21:57,403 --> 00:21:59,579 On advice of counsel, I'm gonna plead the fifth. 507 00:21:59,622 --> 00:22:02,277 We're willing to offer you immunity from any perjury charges 508 00:22:02,321 --> 00:22:04,235 if you correct your previous statement right now. 509 00:22:04,279 --> 00:22:08,283 So I'm gonna ask you one more time. 510 00:22:08,327 --> 00:22:10,633 Was there something on that video 511 00:22:10,677 --> 00:22:13,462 that made you concerned that Officer Lindsley 512 00:22:13,506 --> 00:22:17,988 had committed a crime when he shot Andy Josiah? 513 00:22:18,032 --> 00:22:21,383 On advice of counsel, I'm gonna plead the fifth. 514 00:22:23,690 --> 00:22:26,519 I suppose you believe your loyalty to your fellow officers 515 00:22:26,562 --> 00:22:29,478 is admirable, Lieutenant. 516 00:22:32,655 --> 00:22:34,309 We need to talk. 517 00:22:34,353 --> 00:22:36,964 What's going on? 518 00:22:37,007 --> 00:22:39,532 Diaz was attacked last night. 519 00:22:39,575 --> 00:22:40,924 What? 520 00:22:40,968 --> 00:22:43,449 They got him outside his house. 521 00:22:43,492 --> 00:22:44,754 It was a warning. 522 00:22:44,798 --> 00:22:47,061 He better put the word out to lay off you. 523 00:22:47,104 --> 00:22:48,715 And you think I have something to do with it? 524 00:22:48,758 --> 00:22:51,500 I know you have friends in lots of places. 525 00:22:51,544 --> 00:22:54,111 I spent nine years fighting for my freedom. 526 00:22:54,155 --> 00:22:58,028 I'm not gonna throw that away, not for anything. 527 00:22:58,072 --> 00:22:59,508 That's good enough for me. 528 00:22:59,552 --> 00:23:01,423 And what about Diaz? 529 00:23:01,467 --> 00:23:05,166 He said the -- the guys had Russian accents. 530 00:23:05,209 --> 00:23:07,081 He doesn't know what to make of it. 531 00:23:07,124 --> 00:23:08,604 Is he gonna report it? 532 00:23:08,648 --> 00:23:10,780 I urged him not to. 533 00:23:10,824 --> 00:23:13,566 He agreed it would only escalate everything. 534 00:23:13,609 --> 00:23:15,959 And he doesn't want any more attention. 535 00:23:17,874 --> 00:23:20,181 [ Sighs ] 536 00:23:20,224 --> 00:23:22,313 This is getting out of control. 537 00:23:28,537 --> 00:23:30,713 Well, Diaz said he heard Russian accents, 538 00:23:30,757 --> 00:23:32,019 but I think they were Albanian. 539 00:23:32,062 --> 00:23:33,368 I just don't think he knows the difference. 540 00:23:33,412 --> 00:23:34,804 Albanian? 541 00:23:34,848 --> 00:23:36,763 Davit. 542 00:23:36,806 --> 00:23:39,461 Do you think Jamal arranged this? 543 00:23:39,505 --> 00:23:42,464 He was saying something about getting me protection. 544 00:23:42,508 --> 00:23:45,728 He knows that Davit owes me from what I did for his cousin. 545 00:23:45,772 --> 00:23:47,426 If anyone from probation finds out about this... 546 00:23:47,469 --> 00:23:49,471 I know. 547 00:23:49,515 --> 00:23:51,430 I'm not gonna tell you you need to throw him away. 548 00:23:51,473 --> 00:23:54,694 It's just, you're gonna have to handle him somehow. 549 00:23:54,737 --> 00:23:56,478 Yeah. 550 00:23:59,307 --> 00:24:01,352 You ready for tomorrow? 551 00:24:01,396 --> 00:24:05,052 Yeah. It'll be Lindsley on the stand. 552 00:24:05,095 --> 00:24:07,315 It'll all come down to that. 553 00:24:07,358 --> 00:24:10,492 I don't want to testify. 554 00:24:10,536 --> 00:24:12,189 What are you talking about? 555 00:24:12,233 --> 00:24:13,974 You have to give your side of the story. 556 00:24:14,017 --> 00:24:15,454 Burden of proof's on them. 557 00:24:15,497 --> 00:24:16,803 You made Matranga look like a weasel. 558 00:24:16,846 --> 00:24:18,108 But they scored with Diaz. 559 00:24:18,152 --> 00:24:20,023 They don't have the video! 560 00:24:20,067 --> 00:24:22,112 To half that jury, Diaz just looks like a guy 561 00:24:22,156 --> 00:24:23,462 trying to take care of his own. 562 00:24:23,505 --> 00:24:24,854 Which is the truth. 563 00:24:24,898 --> 00:24:26,943 You have to speak unto your state of mind, 564 00:24:26,987 --> 00:24:29,903 what you were thinking when Josiah reached into the car. 565 00:24:29,946 --> 00:24:31,121 Well, it's not complicated. 566 00:24:31,165 --> 00:24:33,428 Everybody understands the circumstances. 567 00:24:33,472 --> 00:24:35,909 I get it's gonna be uncomfortable, Edgar, 568 00:24:35,952 --> 00:24:37,954 but your story is convincing. 569 00:24:37,998 --> 00:24:40,827 If it wasn't, I would have never stayed on the case. 570 00:24:40,870 --> 00:24:44,004 I pointed my gun at the kid. 571 00:24:44,047 --> 00:24:46,397 He's gonna ask me about it, 572 00:24:46,441 --> 00:24:48,487 and I'm not gonna have an answer. 573 00:24:48,530 --> 00:24:50,314 You were scared. 574 00:24:50,358 --> 00:24:51,794 That's your answer. 575 00:24:51,838 --> 00:24:54,405 And when he asks me why? 576 00:24:54,449 --> 00:24:56,669 If I would've been scared if they were white? 577 00:24:56,712 --> 00:24:57,887 Like you told me before -- 578 00:24:57,931 --> 00:24:59,323 anyone who reached into their car like that 579 00:24:59,367 --> 00:25:01,108 would've frightened you. 580 00:25:01,151 --> 00:25:04,807 You saw the boy. 581 00:25:04,851 --> 00:25:08,332 Wallace will tear me apart. 582 00:25:08,376 --> 00:25:10,334 He'll try. 583 00:25:10,378 --> 00:25:13,599 But only you can say you regret what happened. 584 00:25:16,602 --> 00:25:17,994 Judge Howell: Does the Defense have any witnesses 585 00:25:18,038 --> 00:25:20,257 it would like to call? 586 00:25:22,521 --> 00:25:24,044 Ms. Marshall? 587 00:25:24,087 --> 00:25:25,262 Veronica: The Defense feels no need 588 00:25:25,306 --> 00:25:26,873 to call any witnesses, Your Honor. 589 00:25:26,916 --> 00:25:28,962 He's a coward. 590 00:25:29,005 --> 00:25:31,573 Then we'll proceed with closing arguments. 591 00:25:31,617 --> 00:25:34,054 For the Defense? 592 00:25:36,404 --> 00:25:42,062 The prosecution's case rests on three things. 593 00:25:42,105 --> 00:25:45,718 First, the testimony of Philip Matranga, 594 00:25:45,761 --> 00:25:50,461 who claims Officer Lindsley has a tendency to overreact 595 00:25:50,505 --> 00:25:54,683 with violence, and yet, he never came forward. 596 00:25:54,727 --> 00:25:59,427 Second, the prosecution would have you assume 597 00:25:59,470 --> 00:26:02,517 if Lieutenant Diaz behaved in an unprofessional way 598 00:26:02,561 --> 00:26:04,388 after he arrived on the scene, 599 00:26:04,432 --> 00:26:08,088 it must mean Officer Lindsley is guilty. 600 00:26:08,131 --> 00:26:11,178 You simply cannot make that assumption. 601 00:26:11,221 --> 00:26:14,268 And finally, 602 00:26:14,311 --> 00:26:17,967 and this is very difficult, 603 00:26:18,011 --> 00:26:22,450 we have the testimony of Marcel Josiah, 604 00:26:22,493 --> 00:26:27,977 a 7-year-old boy, traumatized by the death of his father, 605 00:26:28,021 --> 00:26:30,589 brought here to deliver justice for him. 606 00:26:30,632 --> 00:26:33,635 Do we really believe he could distinguish what was happening 607 00:26:33,679 --> 00:26:35,202 inside that car? 608 00:26:35,245 --> 00:26:36,638 Who was saying what? 609 00:26:36,682 --> 00:26:40,337 If his father resisted or not? 610 00:26:40,381 --> 00:26:42,862 We can't know. 611 00:26:42,905 --> 00:26:51,174 But can we send a man to prison because we hurt for the boy? 612 00:26:51,218 --> 00:26:56,658 Because we ache for his mother? 613 00:26:56,702 --> 00:27:00,009 Because we feel terrible about the man who was lost? 614 00:27:00,053 --> 00:27:03,056 This was a tragedy, 615 00:27:03,099 --> 00:27:07,190 one that has happened far too often in this country. 616 00:27:07,234 --> 00:27:11,717 But remember, it was a dark night, 617 00:27:11,760 --> 00:27:14,284 with the entire nation on edge. 618 00:27:14,328 --> 00:27:18,854 Andy Josiah reached into the window of his car. 619 00:27:18,898 --> 00:27:21,378 That was a mistake. 620 00:27:21,422 --> 00:27:29,125 A terrible, unfortunate mistake was made by both men. 621 00:27:29,169 --> 00:27:32,128 But a mistake is not a crime. 622 00:27:52,279 --> 00:27:56,413 When they get to around 10 years old, 623 00:27:56,457 --> 00:28:01,070 every Black child in America gets "the talk." 624 00:28:01,114 --> 00:28:04,900 What to do when accosted by a police officer. 625 00:28:04,944 --> 00:28:07,555 Hands out your pockets. 626 00:28:07,598 --> 00:28:10,863 Yes, sir, yes, ma'am. 627 00:28:10,906 --> 00:28:13,692 Respect, compliance. 628 00:28:13,735 --> 00:28:20,524 From about that age, we are taught that this -- 629 00:28:20,568 --> 00:28:22,483 this color... 630 00:28:22,526 --> 00:28:25,355 this skin... 631 00:28:25,399 --> 00:28:30,099 will be considered a threat. 632 00:28:30,143 --> 00:28:34,887 Andy did what his father taught him. 633 00:28:34,930 --> 00:28:41,023 He was polite, respectful, compliant. 634 00:28:41,067 --> 00:28:45,462 Officer Matranga told us that. 635 00:28:45,506 --> 00:28:48,248 Now, if it wasn't true, 636 00:28:48,291 --> 00:28:52,426 why would Lieutenant Diaz go to such lengths 637 00:28:52,469 --> 00:28:55,951 to ensure the video disappeared? 638 00:28:59,433 --> 00:29:03,611 What we'll never know is what was going through the mind 639 00:29:03,654 --> 00:29:07,658 of Edgar Lindsley when he shot Andy Josiah. 640 00:29:07,702 --> 00:29:10,313 We can't know 641 00:29:10,357 --> 00:29:13,708 because he never bothered to fill out a police report. 642 00:29:13,752 --> 00:29:17,320 Why? 643 00:29:17,364 --> 00:29:19,845 Well, the assumption seems to be that Andy Josiah's family 644 00:29:19,888 --> 00:29:22,456 didn't deserve an explanation. 645 00:29:22,499 --> 00:29:25,241 And that by simply saying nothing, 646 00:29:25,285 --> 00:29:29,158 he would get the benefit of the doubt. 647 00:29:29,202 --> 00:29:32,596 Now, would he have felt that way 648 00:29:32,640 --> 00:29:36,122 if the man he pulled over was white? 649 00:29:36,165 --> 00:29:39,647 If it was a white boy who was calling out 650 00:29:39,690 --> 00:29:42,171 to his father from the back seat? 651 00:29:42,215 --> 00:29:46,741 If a white man made the "mistake" 652 00:29:46,785 --> 00:29:50,223 of reaching into the car 653 00:29:50,266 --> 00:29:54,488 to help his frightened 7-year-old son, 654 00:29:54,531 --> 00:29:57,970 would Officer Lindsley have shot him in the back? 655 00:30:00,494 --> 00:30:05,934 Andy would have given his son that talk sooner or later. 656 00:30:08,328 --> 00:30:13,202 But Marcel doesn't need that explained to him now, does he? 657 00:30:17,163 --> 00:30:19,556 This all needs to change. 658 00:30:21,950 --> 00:30:25,954 It needs to change right now. 659 00:30:25,998 --> 00:30:28,957 Right here. 660 00:30:29,001 --> 00:30:30,829 Today. 661 00:30:30,872 --> 00:30:36,660 ♪♪ 662 00:30:36,704 --> 00:30:42,536 ♪♪ 663 00:30:46,583 --> 00:30:49,325 Reporter: It was a case that began with an act of violence 664 00:30:49,369 --> 00:30:51,632 and was marred by the near-fatal shooting 665 00:30:51,675 --> 00:30:53,590 of a special prosecutor. 666 00:30:53,634 --> 00:30:57,116 But now, after six long days of deliberation, 667 00:30:57,159 --> 00:30:59,292 the jury for the Andy Josiah shooting 668 00:30:59,335 --> 00:31:01,381 informed Judge Patricia Howell 669 00:31:01,424 --> 00:31:03,600 that they were finished. 670 00:31:03,644 --> 00:31:05,864 That's no guarantee they've reached a verdict, 671 00:31:05,907 --> 00:31:07,343 but one way or another, 672 00:31:07,387 --> 00:31:10,738 this saga will finally come to an end tomorrow. 673 00:31:10,781 --> 00:31:12,305 Man: Court is now in session. 674 00:31:12,348 --> 00:31:13,654 Judge Howell: Thank you. 675 00:31:13,697 --> 00:31:16,962 Madam Foreman, has the jury reached a verdict? 676 00:31:17,005 --> 00:31:19,007 We have, Your Honor. 677 00:31:19,051 --> 00:31:20,879 Will the Defendant please rise? 678 00:31:26,885 --> 00:31:28,974 As to the first count of the indictment, 679 00:31:29,017 --> 00:31:30,323 Manslaughter in the First Degree, 680 00:31:30,366 --> 00:31:31,759 how does the jury find? 681 00:31:31,802 --> 00:31:33,804 Not guilty, Your Honor. 682 00:31:39,767 --> 00:31:41,203 On the second count of the indictment, 683 00:31:41,247 --> 00:31:43,640 charging Criminally Negligent Homicide, 684 00:31:43,684 --> 00:31:45,512 how does the jury find? 685 00:31:45,555 --> 00:31:47,296 Guilty, Your Honor. 686 00:31:52,998 --> 00:31:55,739 Take it easy. It is the lesser charge. 687 00:31:55,783 --> 00:31:57,741 It's still a felony. 688 00:31:57,785 --> 00:32:00,701 I'm gonna lose my job and my pension. 689 00:32:00,744 --> 00:32:04,226 It's something, Aaron. 690 00:32:04,270 --> 00:32:06,794 It was a slap on the wrist. 691 00:32:07,969 --> 00:32:10,058 Before I issue sentence, I understand that 692 00:32:10,102 --> 00:32:11,973 Mrs. Josiah would like to say something. 693 00:32:12,017 --> 00:32:14,367 Would you come forward, please? 694 00:32:30,600 --> 00:32:33,473 The jury has decided that what happened to my husband 695 00:32:33,516 --> 00:32:36,302 was an accident. 696 00:32:36,345 --> 00:32:40,001 Like when a car company makes faulty brakes. 697 00:32:42,438 --> 00:32:47,095 When there's an accident, we want to forgive people. 698 00:32:47,139 --> 00:32:51,012 To give them another chance. 699 00:32:51,056 --> 00:32:53,536 But my Andy isn't gonna get another chance. 700 00:32:53,580 --> 00:32:56,278 Because that "accident" happened with a gun. 701 00:32:56,322 --> 00:33:00,413 In the hands of a man with all the power. 702 00:33:03,894 --> 00:33:06,549 [ Sighs ] Now, the way I see it, 703 00:33:06,593 --> 00:33:09,161 when you take a job where you have that kind of power... 704 00:33:09,204 --> 00:33:12,164 you've gotta be more careful. 705 00:33:12,207 --> 00:33:14,122 That means before you get out of your car to ask someone 706 00:33:14,166 --> 00:33:17,647 about a cellphone or a U-turn, 707 00:33:17,691 --> 00:33:22,478 you gotta think about the fact that that's somebody's father, 708 00:33:22,522 --> 00:33:25,481 somebody's husband, 709 00:33:25,525 --> 00:33:28,919 somebody's son that you're gonna be talking to. 710 00:33:32,836 --> 00:33:35,056 If you can't handle that, 711 00:33:35,100 --> 00:33:38,364 if all that makes you too scared, 712 00:33:38,407 --> 00:33:42,411 then there's lots of other jobs you can do. 713 00:33:42,455 --> 00:33:44,326 Without a gun. 714 00:33:46,111 --> 00:33:49,027 'Cause we can't have any more "accidents" like this. 715 00:33:53,335 --> 00:33:59,080 The night our son was born, Andy wrote a letter to him. 716 00:33:59,124 --> 00:34:03,084 I'd like to read it to him now -- in this courtroom. 717 00:34:03,128 --> 00:34:07,393 "Dear Marcel, you were just born. 718 00:34:07,436 --> 00:34:11,484 I held you in my arms for the first time tonight. 719 00:34:11,527 --> 00:34:16,141 You are so small, your entire body almost fits in my hand. 720 00:34:16,184 --> 00:34:18,186 I hope you'll grow healthy and strong." 721 00:34:18,230 --> 00:34:20,014 Andy: ...strong. 722 00:34:20,058 --> 00:34:23,713 But I admit, part of me wants you to stay this small... 723 00:34:23,757 --> 00:34:25,976 so I can always protect you. 724 00:34:26,020 --> 00:34:28,109 I hope so much for you, Marcel. 725 00:34:28,153 --> 00:34:31,243 That you are happy and healthy. 726 00:34:31,286 --> 00:34:34,333 I hope that you are never afraid. 727 00:34:34,376 --> 00:34:37,336 That you always feel you can tell me anything. 728 00:34:37,379 --> 00:34:38,815 I hope that you are 729 00:34:38,859 --> 00:34:41,122 quick to forgive 730 00:34:41,166 --> 00:34:44,082 and slow to anger. 731 00:34:44,125 --> 00:34:48,086 I hope that you do what you love. 732 00:34:48,129 --> 00:34:50,262 And that when you fall in love, 733 00:34:50,305 --> 00:34:52,351 it's as special as what me and your mom have. 734 00:34:52,394 --> 00:34:55,528 Know that I love you. 735 00:34:55,571 --> 00:34:59,097 Your birth has made me the happiest man..."Your birth has made me the happiest man on Earth. 736 00:34:59,140 --> 00:35:03,927 And I will always be there for you." 737 00:35:05,494 --> 00:35:07,017 "Your dad." 738 00:35:10,586 --> 00:35:12,501 [ Inhales deeply ] 739 00:35:23,208 --> 00:35:26,950 To protect and serve. 740 00:35:30,432 --> 00:35:33,218 That's what you were supposed to do. 741 00:35:47,928 --> 00:35:49,886 Roberts: All rise! 742 00:35:56,197 --> 00:35:58,025 Mr. Lindsley, is there anything you'd like to say 743 00:35:58,068 --> 00:36:00,114 before I issue your sentence? 744 00:36:00,158 --> 00:36:02,508 No, Your Honor. 745 00:36:02,551 --> 00:36:05,554 You stand before me, convicted by a jury, 746 00:36:05,598 --> 00:36:07,991 of a single count of a Non-Violent E-felony 747 00:36:08,035 --> 00:36:10,603 of Criminally Negligent Homicide. 748 00:36:10,646 --> 00:36:13,127 Certainly, Mr. Wallace and his team have presented 749 00:36:13,171 --> 00:36:15,999 a very compelling case. 750 00:36:16,043 --> 00:36:20,265 I'm deeply troubled by the testimony of Officer Matranga, 751 00:36:20,308 --> 00:36:22,571 as well as the behavior of Lieutenant Diaz 752 00:36:22,615 --> 00:36:24,486 in the aftermath of the shooting. 753 00:36:24,530 --> 00:36:27,968 And Mrs. Josiah's pleas, which are also the pleas 754 00:36:28,011 --> 00:36:30,753 of a bereft and suffering community, 755 00:36:30,797 --> 00:36:33,278 cannot possibly fall on deaf ears. 756 00:36:33,321 --> 00:36:36,977 Nor can the agonizing words of her son, Marcel, 757 00:36:37,020 --> 00:36:39,414 who lost his father. 758 00:36:39,458 --> 00:36:41,634 Therefore, I am sentencing you 759 00:36:41,677 --> 00:36:44,245 to the maximum term allowable by law, 760 00:36:44,289 --> 00:36:46,421 four years in state prison. 761 00:36:46,465 --> 00:36:49,294 The defendant will now be remanded to the custody 762 00:36:49,337 --> 00:36:51,731 of the New York State Department of Corrections 763 00:36:51,774 --> 00:36:53,602 to serve his sentence at a facility 764 00:36:53,646 --> 00:36:54,908 which they will determine. 765 00:36:54,951 --> 00:36:56,736 Officers, execute sentence. 766 00:36:56,779 --> 00:36:57,954 [ Handcuffs clicking ] 767 00:37:00,174 --> 00:37:02,176 Roberts: This proceeding being concluded, 768 00:37:02,220 --> 00:37:03,699 the court is now adjourned. 769 00:37:03,743 --> 00:37:08,922 ♪♪ 770 00:37:08,965 --> 00:37:14,144 ♪♪ 771 00:37:14,188 --> 00:37:15,624 Thank you. 772 00:37:15,668 --> 00:37:17,104 For everything. 773 00:37:17,147 --> 00:37:20,629 No. No. It was you. And Marcel. 774 00:37:20,673 --> 00:37:23,066 You see what you did. 775 00:37:23,110 --> 00:37:25,155 That man is not gonna hurt anyone anymore. 776 00:37:28,768 --> 00:37:31,205 We're still gonna play chess now, right? 777 00:37:31,249 --> 00:37:33,425 Every Tuesday and Friday. Four o'clock, alright? 778 00:37:34,730 --> 00:37:36,079 Alright. 779 00:37:37,603 --> 00:37:40,606 Well, it's not all the marbles, but it's something, guys. 780 00:37:40,649 --> 00:37:42,521 It's acknowledgement. 781 00:37:42,564 --> 00:37:44,436 And accountability. 782 00:37:44,479 --> 00:37:47,265 And a lot better than almost anyone else has done. 783 00:37:47,308 --> 00:37:49,919 We make a good team. 784 00:37:49,963 --> 00:37:52,226 Well, you're the starting shortstop... 785 00:37:52,270 --> 00:37:55,534 and center fielder and pitching ace. 786 00:37:55,577 --> 00:37:57,318 I don't know what I am. 787 00:37:57,362 --> 00:38:00,060 The scruffy manager who spent too many years in the minors? 788 00:38:00,103 --> 00:38:01,104 [ Chuckles ] 789 00:38:01,148 --> 00:38:02,845 Well, don't look at me. 790 00:38:02,889 --> 00:38:04,238 I don't know anything about football. 791 00:38:06,719 --> 00:38:09,461 It's baseball, Safiya. 792 00:38:09,504 --> 00:38:11,680 [ Laughs ] Well, I-I knew that, Aaron. 793 00:38:11,724 --> 00:38:14,161 I just wanted to see how much you underestimated me. 794 00:38:14,204 --> 00:38:15,902 Well, that's one thing we've never done. 795 00:38:15,945 --> 00:38:18,034 No way. 796 00:38:18,078 --> 00:38:21,821 So are we gonna, like, start a firm or something? 797 00:38:21,864 --> 00:38:23,823 Official? 798 00:38:23,866 --> 00:38:26,565 There's a lot of work to do. 799 00:38:26,608 --> 00:38:28,784 Damn right there is. 800 00:38:28,828 --> 00:38:31,004 Good. 801 00:38:31,047 --> 00:38:32,048 Now I'm gonna go see my kids. 802 00:38:33,833 --> 00:38:36,357 You take care. 803 00:38:36,401 --> 00:38:38,316 [ Monitor beeping ] 804 00:38:40,318 --> 00:38:43,712 I never did thank you... 805 00:38:43,756 --> 00:38:45,323 for what you did in the hallway. 806 00:38:45,366 --> 00:38:47,368 Aaron, don't. 807 00:38:47,412 --> 00:38:50,980 I hope you weren't trying to make some kind of amends. 808 00:38:51,024 --> 00:38:53,896 'Cause you don't need to. 809 00:38:53,940 --> 00:38:56,899 It wasn't an amend. 810 00:38:56,943 --> 00:38:59,424 I did it 'cause I love you. 811 00:38:59,467 --> 00:39:05,952 ♪♪ 812 00:39:05,995 --> 00:39:12,219 ♪♪ 813 00:39:12,262 --> 00:39:15,178 I'm gonna do the rest of this tomorrow. 814 00:39:15,222 --> 00:39:16,745 Sure. Okay. 815 00:39:16,789 --> 00:39:18,486 You get on home. 816 00:39:18,530 --> 00:39:20,532 Thanks for all your hard work. 817 00:39:20,575 --> 00:39:22,795 Mr. Wallace...? 818 00:39:24,753 --> 00:39:27,190 Do you think we made a difference? 819 00:39:27,234 --> 00:39:29,454 [ Sighs ] 820 00:39:29,497 --> 00:39:32,195 I don't know. 821 00:39:32,239 --> 00:39:33,632 What do you think? 822 00:39:35,634 --> 00:39:37,418 I guess we'll see. 823 00:39:37,462 --> 00:39:43,206 ♪♪ 824 00:39:43,250 --> 00:39:44,599 Night. 825 00:39:50,779 --> 00:39:53,869 [ Door opens, closes ] 826 00:40:00,049 --> 00:40:01,964 [ Line ringing][ Sighs ] 827 00:40:02,008 --> 00:40:03,749 There he is. 828 00:40:03,792 --> 00:40:05,968 The Man of the Peoples. 829 00:40:06,012 --> 00:40:08,710 I know what you did with Diaz. 830 00:40:08,754 --> 00:40:10,408 What you talking about? 831 00:40:10,451 --> 00:40:12,061 Don't do me like that. 832 00:40:12,105 --> 00:40:13,585 Let's get real. 833 00:40:13,628 --> 00:40:15,717 So, what, I'm not supposed to have your back now? 834 00:40:15,761 --> 00:40:18,067 He was my key witness. 835 00:40:18,111 --> 00:40:20,026 I'm lucky he showed up at court. 836 00:40:20,069 --> 00:40:23,377 Well, it was just a brushback pitch. 837 00:40:23,421 --> 00:40:25,553 But it could've blown back on me. 838 00:40:25,597 --> 00:40:27,076 Nah. But it didn't. 839 00:40:27,120 --> 00:40:28,730 And I made sure that it didn't. 840 00:40:28,774 --> 00:40:31,037 Listen, I know you were trying to protect me, 841 00:40:31,080 --> 00:40:34,127 but I'd be lying if I said I wasn't worried about 842 00:40:34,170 --> 00:40:35,563 the road you're going down. 843 00:40:35,607 --> 00:40:38,392 I hear you. I hear you. 844 00:40:38,436 --> 00:40:40,220 Listen. 845 00:40:40,263 --> 00:40:41,787 I'm gonna stay out of your business on the outside 846 00:40:41,830 --> 00:40:44,093 from here on in. 847 00:40:44,137 --> 00:40:46,182 We gotta draw a harder line than that, Jamal. 848 00:40:46,226 --> 00:40:49,447 [ Inhales, exhales deeply ] 849 00:40:49,490 --> 00:40:52,450 You gotta erase my number from your burner. 850 00:40:52,493 --> 00:40:55,670 No more texts or calls. 851 00:40:55,714 --> 00:40:57,977 Not from there. 852 00:40:58,020 --> 00:41:02,851 Yeah, we'll just go back to Wednesdays in the phone bank. 853 00:41:02,895 --> 00:41:04,723 With the Man listening in. 854 00:41:04,766 --> 00:41:08,074 I'll do one better. 855 00:41:08,117 --> 00:41:10,511 I'll be at Bellmore Monday morning. 856 00:41:10,555 --> 00:41:12,644 As your lawyer. 857 00:41:12,687 --> 00:41:15,385 Got some new ideas on your case. 858 00:41:15,429 --> 00:41:16,648 Come on, man. 859 00:41:16,691 --> 00:41:18,650 You a legend now. 860 00:41:18,693 --> 00:41:21,740 You got more important things you need to focus on. 861 00:41:21,783 --> 00:41:23,829 No, nothing's more important to me than gettin' you out. 862 00:41:23,872 --> 00:41:26,440 But you gotta let me know that you want it. 863 00:41:26,484 --> 00:41:27,659 And that you're willing to fight. 864 00:41:32,315 --> 00:41:34,492 Yeah. Whatever it takes. 865 00:41:34,535 --> 00:41:37,320 I'll see you soon. 866 00:41:37,364 --> 00:41:38,844 Right on. 867 00:41:40,410 --> 00:41:41,455 [ Keypad beeps ] 868 00:41:41,977 --> 00:41:43,631 [ Scoffs ] 869 00:41:46,025 --> 00:41:48,070 [ Sighs ] 870 00:41:48,114 --> 00:41:53,554 ♪♪ 871 00:41:53,598 --> 00:41:56,209 [ Cellphone vibrating ] 872 00:41:56,252 --> 00:42:01,562 ♪♪ 873 00:42:01,606 --> 00:42:02,824 Who this? 874 00:42:02,868 --> 00:42:04,565 Bobby said you needed to holler at me. 875 00:42:04,609 --> 00:42:07,133 You thought I forgot about you? 876 00:42:07,176 --> 00:42:10,615 We got unfinished business. 877 00:42:10,658 --> 00:42:12,399 Now how you think we gonna settle it? 878 00:42:12,442 --> 00:42:21,408 ♪♪ 879 00:42:21,451 --> 00:42:23,715 [ Sighs ] 880 00:42:23,758 --> 00:42:33,289 ♪♪ 881 00:42:33,333 --> 00:42:35,335 [ Police radio chatter ] 882 00:42:35,378 --> 00:42:43,169 ♪♪ 883 00:42:43,212 --> 00:42:45,737 Hey. Look at you. 884 00:42:45,780 --> 00:42:47,869 Ready for the world. 885 00:42:47,913 --> 00:42:50,524 [ Gasps ] Oh, my God, he did it. 886 00:42:50,568 --> 00:42:52,395 Jazz! Ronnie! He stood up! 887 00:42:52,439 --> 00:42:55,529 Oh, lil' man's on his feet? 888 00:42:55,573 --> 00:42:59,098 Yeah. I went to warm up his milk. Look at him. 889 00:42:59,141 --> 00:43:00,403 Jasmine: Dad, you were the first one to see him? 890 00:43:00,447 --> 00:43:01,883 Yeah. 891 00:43:01,927 --> 00:43:04,059 Hey, congratulations, Aaron. 892 00:43:04,103 --> 00:43:05,234 You did Andy proud. 893 00:43:05,278 --> 00:43:06,235 Thanks. 894 00:43:06,279 --> 00:43:09,195 You did us all proud. 895 00:43:09,238 --> 00:43:11,414 How you feeling? 896 00:43:11,458 --> 00:43:13,242 It's good to be home. 897 00:43:15,027 --> 00:43:17,116 Come on. 898 00:43:17,159 --> 00:43:19,379 Ronnie: Oh, you're walking to your mama? 899 00:43:19,422 --> 00:43:20,510 Yeah. 900 00:43:20,554 --> 00:43:22,730 [ Laughter ] 901 00:43:27,343 --> 00:43:36,875 ♪♪ 902 00:43:36,918 --> 00:43:46,493 ♪♪ 903 00:43:46,536 --> 00:43:55,850 ♪♪