1. In the criminal justice system
Copy !req
2. the people are represented
Copy !req
3. by two separate
yet equally important groups:
Copy !req
4. the police,
who investigate crime
Copy !req
5. and the district attorneys,
who prosecute the offenders.
Copy !req
6. These are their stories.
Copy !req
7. Couple of jabs,
couple of jabs— boom!
Copy !req
8. A right cross,
and that's all he wrote.
Copy !req
9. You're going
to knock out Coop?
Copy !req
10. Speed, my friend.
Copy !req
11. No, no, not speed;
quicks.
Copy !req
12. Two rounds, tops.
Copy !req
13. I'll tell you what.
Copy !req
14. You knock out Coop
in two rounds,
Copy !req
15. beers are on me
for a month.
Copy !req
16. You in on this?
Copy !req
17. Coop's a southpaw.
Copy !req
18. So?
Copy !req
19. You ever fight a southpaw?
Copy !req
20. Burger rare, fries crispy, guys.
Copy !req
21. That man has the bladder
of a fruit fly.
Copy !req
22. Yeah, a beer says it's not
his bladder that's aching.
Copy !req
23. No, no, no, not...
Copy !req
24. I said no, Adam.
Copy !req
25. Come on,
no one cares.
Copy !req
26. I do.
Copy !req
27. I got a husband, damn it.
Copy !req
28. It didn't bother
you last week.
Copy !req
29. I made a mistake.
Copy !req
30. So, what does
that mean?
Copy !req
31. You figure it out.
Copy !req
32. Hey.
Copy !req
33. I got a gun.
Copy !req
34. I'll use it.
Copy !req
35. He's not going
to catch me.
Copy !req
36. Catch you?
Copy !req
37. Yeah, one punch
and you're down.
Copy !req
38. Jab, jab, cross, uppercut.
Copy !req
39. And if Coop
hits back?
Copy !req
40. Bob and weave,
bob and weave.
Copy !req
41. (tires screeching)
Black and blue,
black and blue.
Copy !req
42. Shots fired, M.O.S. down!
Copy !req
43. Rush the bus, 43rd and 11th.
Copy !req
44. Give her room, damn it!
Copy !req
45. Back up;
give her room!
Copy !req
46. Hang on, Alice.
Copy !req
47. Alice Cushman— she
works the Three-One.
Copy !req
48. You too, huh?
Copy !req
49. Yeah. I just talked to her.
Copy !req
50. What about?
Copy !req
51. I, uh,
I went to take a leak.
Copy !req
52. It was a hello
outside the men's room.
Copy !req
53. Nothing heavy.
Copy !req
54. Anybody else
Copy !req
55. talk "heavy" to
her in the past?
Copy !req
56. Why?
Copy !req
57. It just helps to
get a fix on who
the victim is,
Copy !req
58. that's all.
Copy !req
59. I saw her in the house
every morning before call.
Copy !req
60. "Morning,"See the game,"
Copy !req
61. stuff about Rickie—
stuff like that.
Copy !req
62. Who's Rickie?
Copy !req
63. Her son—
17 months.
Copy !req
64. Real cutie.
Copy !req
65. I seen pictures.
Copy !req
66. Paramedic says
she's going to make it.
Copy !req
67. Shoulder through and through.
Copy !req
68. Uh, she's just mostly in shock.
Copy !req
69. Adam Brennan.
Copy !req
70. Any fix
on the shooter?
Copy !req
71. Uh, maybe I should be asking you
that question.
Copy !req
72. You were the first one
out of the diner, right?
Copy !req
73. I was inside.
Copy !req
74. Alice
has got a husband.
Copy !req
75. Maybe
I should call him.
Copy !req
76. Why don't you give
us his number?
Copy !req
77. I can get it
for you.
Copy !req
78. Great.
Copy !req
79. I think Officer Brennan
Copy !req
80. knows a lot more
than he's telling us.
Copy !req
81. What, a little birdie
told you that?
Copy !req
82. You and I have been partnered,
what, four years?
Copy !req
83. He knows the exact
Copy !req
84. age of the
victim's kid.
Copy !req
85. So?
Copy !req
86. So, forget about
how old my daughter is.
Copy !req
87. You even know
what state she lives in?
Copy !req
88. Hey, the busboy saw a blue car
Copy !req
89. speed around that corner
after the shots.
Copy !req
90. The plates had three numbers
followed by three letters.
Copy !req
91. The last two were "U" and "V."
Copy !req
92. I don't think the
first one was "L."
Copy !req
93. Captioning sponsored by
UNIVERSAL NETWORK TELEVISION
Copy !req
94. The Commissioner's talking
about a task force.
Copy !req
95. What— over two cops
who each have a spouse
Copy !req
96. on the side
sweating up the sheets?
Copy !req
97. Lennie's
been watching
Copy !req
98. too much Dr. Phil.
Copy !req
99. I don't know who that
is, but if he's got
Copy !req
100. a cure for marital infidelity
on the job,
Copy !req
101. we ought to put him
on retainer.
Copy !req
102. On the other hand,
half of the Three-One
Copy !req
103. ends up at the Market Diner
for coffee.
Copy !req
104. If someone was holding a grudge
against Officer Cushman,
Copy !req
105. they'd know
to find her there.
Copy !req
106. The witness says the
shooter was moving
at a pretty good clip.
Copy !req
107. Could have been
he wasn't picky
Copy !req
108. as long as you
were wearing blue.
Copy !req
109. Well, let's hope to hell
Lennie's right.
Copy !req
110. Yeah?
Copy !req
111. Okay. They'll be right there.
Copy !req
112. She's awake.
Copy !req
113. Don thinks I should
have quit the job
after we got married.
Copy !req
114. He thinks a
woman's place
Copy !req
115. is making dinner
and babies.
Copy !req
116. Tell me I'm wrong now.
Copy !req
117. Well, tell him this
was a freak thing.
Copy !req
118. It's not like there's
anyone out there
Copy !req
119. gunning for
me, Don.
Copy !req
120. Actually, we can't
confirm or deny.
Copy !req
121. Oh, yeah— all
those parking tickets.
Copy !req
122. I knew I should have worn
a Kevlar bra.
Copy !req
123. You wear a uniform.
Copy !req
124. There could be
some nut out there
Copy !req
125. gunning for all cops.
Copy !req
126. I'm just saying
we got a new baby.
Copy !req
127. Oh, by the way,
your pal Adam Brennan
Copy !req
128. sends his best.
Copy !req
129. Who?
Copy !req
130. Just one of the cops.
Copy !req
131. (chuckling):
My wife...
Copy !req
132. Just one
of the boys.
Copy !req
133. She's out partying,
Copy !req
134. and I'm stuck home
changing diapers.
Copy !req
135. What, it's my fault
no one's hiring?
Copy !req
136. Look, I really didn't see
the guy or the car.
Copy !req
137. Look, Doc says
I should get some sleep.
Copy !req
138. If you don't mind?
Copy !req
139. You know where to find us.
Copy !req
140. Okay, you were
right once.
Copy !req
141. Okay,
Copy !req
142. we rented a room twice.
Copy !req
143. It's not like it was this
hot and heavy kind of thing.
Copy !req
144. I'm happily married.
Copy !req
145. How happy
is your wife?
Copy !req
146. Very, and if it's okay with you,
I'd like to keep her that way.
Copy !req
147. That's why I didn't say anything
last night.
Copy !req
148. You're a real ace with
secrets, huh, Brennan?
Copy !req
149. How happy
is Alice's marriage?
Copy !req
150. You think Don...?
Copy !req
151. No way.
Copy !req
152. He's not the
possessive type?
Copy !req
153. She says he didn't have a clue,
and if he did,
Copy !req
154. he'd be taking shots at me,
not her.
Copy !req
155. Did Alice get personal
with anybody besides you?
Copy !req
156. No way.
Copy !req
157. She's a good girl.
Copy !req
158. Can we, uh...?
Copy !req
159. Yeah, yeah.
Copy !req
160. New York's finest.
Copy !req
161. Hey, he cheats
on his wife,
Copy !req
162. you built a new wing
on some casino in Atlantic City,
Copy !req
163. I like the liquid refreshment
a little too much—
Copy !req
164. we're dogs,
every one of us.
Copy !req
165. (chuckling):
No wonder the public
Copy !req
166. thinks so highly of us.
Copy !req
167. Oh, no, they love us.
Copy !req
168. They have to.
Copy !req
169. When they run away
from something,
Copy !req
170. we run toward it.
Copy !req
171. Yeah, Green.
Copy !req
172. Okay, could you
do me a favor
Copy !req
173. and get that over
to Forensics?
Copy !req
174. All right, cool;
thanks, man.
Copy !req
175. A BMW was clipped
last night
Copy !req
176. around the corner
from the scene
by a blue car.
Copy !req
177. Could be our shooter.
Copy !req
178. I parked it
in front of my house
Copy !req
179. two nights ago when I got home.
Copy !req
180. I overslept.
Copy !req
181. The next morning,
it was gone.
Copy !req
182. Why didn't you
report it stolen?
Copy !req
183. Because I thought
you guys towed it.
Copy !req
184. And you didn't call Parking
Enforcement to check?
Copy !req
185. I didn't have the money
to claim it back
Copy !req
186. until next week's paycheck.
Copy !req
187. Took me an hour and a half
on the bus to get here.
Copy !req
188. Did anybody else have access
to the car, Ms. Thomas?
Copy !req
189. Like who?
A kid,
for instance.
Copy !req
190. My son's dead.
Copy !req
191. So, you did
Copy !req
192. your good deed
telling me it was stolen.
Copy !req
193. You can go now.
I got work to do.
Copy !req
194. You don't understand,
Ms. Thomas.
Copy !req
195. Whoever took your car
Copy !req
196. may have tried
to shoot a police officer.
Copy !req
197. (laughing):
Oh, that sure explains it.
Copy !req
198. Explains what?
Copy !req
199. How hard would you have looked
Copy !req
200. if it was me reported it stolen?
Copy !req
201. So much
for your theory
Copy !req
202. about the public
loving us.
Copy !req
203. Well, there's an exception
to every rule.
Copy !req
204. Well, hopefully
she don't work every night.
Copy !req
205. Hey, how you doing?
Copy !req
206. Uh, can we talk to you
about Janet Thomas?
Copy !req
207. Who did she kill?
Copy !req
208. Now, why
would you say that?
Copy !req
209. She's got a temper,
Copy !req
210. that one.
Copy !req
211. Thinks the world owes her.
Copy !req
212. Last night, she screamed at me
because I took the last milk
Copy !req
213. in the nurses'
lounge.
Copy !req
214. So, she was
here all night.
Copy !req
215. Until midnight.
Copy !req
216. You don't know
the problems that caused.
Copy !req
217. What do you mean—
Copy !req
218. she don't care for
the graveyard shift?
Copy !req
219. Well, just the opposite.
Copy !req
220. They wanted to put her on days,
Copy !req
221. but she raised
all kinds of hell.
Copy !req
222. Says she's got to be home
Copy !req
223. when her son gets home
from high school.
Copy !req
224. Her son?
Copy !req
225. She told us her kid died.
Copy !req
226. It looks like she's lying
to someone.
Copy !req
227. And why do you suppose
she wouldn't tell us
Copy !req
228. she had another kid?
Copy !req
229. I don't know.
Copy !req
230. Let's ask him.
Copy !req
231. Thank you.
Copy !req
232. Back when I
was using Clearasil,
Copy !req
233. we didn't have
to walk through
metal detectors.
Copy !req
234. When you were 18,
I doubt you could buy
Copy !req
235. a semi-automatic weapon
on every street corner.
Copy !req
236. Are you saying
Stevie...?
Copy !req
237. No, no— he smokes some weed,
cuts some classes.
Copy !req
238. Nothing out of
the ordinary?
Copy !req
239. Unfortunately, that's a truth
Copy !req
240. the times
have made me live with.
Copy !req
241. If you'll wait here,
I'll bring him out.
Copy !req
242. All I can say is I'm
glad my kid is grown.
Copy !req
243. Mmm, I'm glad I'm grown.
Copy !req
244. Look, I don't know
what you think I've done.
Copy !req
245. It's not me, Stevie.
Copy !req
246. It's the detectives
want a word.
Copy !req
247. Man, I didn't
do nothing!
Copy !req
248. Yeah, you can tell me
all about it down at the squad.
Copy !req
249. Come on.
Copy !req
250. Alice Cashman?
Copy !req
251. Don't know her.
Copy !req
252. Cushman, and
she's a cop.
Copy !req
253. Well, maybe
she was getting a payoff
Copy !req
254. under the table,
or something, I don't know.
Copy !req
255. Where did you
come up with that?
Copy !req
256. That's what they do,
ain't it?
Copy !req
257. How old are you?
Copy !req
258. What's it matter?
Copy !req
259. There's something
you ought to know, Stevie.
Copy !req
260. My partner here— he's
famous all over the city
for his temper.
Copy !req
261. You can tell your partner
to kiss my ass.
Copy !req
262. I ain't done nothing.
Copy !req
263. Not like it makes
no difference.
Copy !req
264. You haven't been
Copy !req
265. reading the papers,
have you, kid?
Copy !req
266. Cops are heroes now.
Copy !req
267. Not to me they ain't.
Copy !req
268. You know
what, Lennie?
Copy !req
269. I think you could use
a cup of coffee.
Copy !req
270. Let me tell you something,
Stevie.
Copy !req
271. That little attitude of yours,
that might play on the street,
Copy !req
272. but from this moment on,
Copy !req
273. all it's going to do is dig you
in a hole you can't get out of.
Copy !req
274. Man,
I can handle it.
Copy !req
275. Hey, man, you shot a cop.
Copy !req
276. People 'round here,
including me,
Copy !req
277. don't appreciate that.
Copy !req
278. So what, Officer Tom's
going to rescue me now?
Copy !req
279. Oh, hell, no.
Copy !req
280. I'm just telling you
what's what.
Copy !req
281. After that, it's up to you.
Copy !req
282. So, what,
you get some kind of raise
Copy !req
283. to take a brother
off the street?
Copy !req
284. That's right, man.
Copy !req
285. For every ten I bring in,
I get an extra day's pay.
Copy !req
286. If he's got a big mouth,
I get two days.
Copy !req
287. If I bring him in
a little bloody,
Copy !req
288. the man gives me
a damn toaster oven.
Copy !req
289. The best thing for
you to do, Stevie,
Copy !req
290. is for you to
talk to me.
Copy !req
291. Give me a reason why.
Copy !req
292. I am your last chance, bro!
Copy !req
293. You shot a white cop!
Copy !req
294. Nobody else in
this building
Copy !req
295. wants to listen
to your little ass.
Copy !req
296. You want me to say I'm sorry?
Copy !req
297. The only thing I'm sorry about
is that cop's still alive!
Copy !req
298. You don't even have a record!
Copy !req
299. Now, I know
you didn't wake up one day
Copy !req
300. and say, "I'm going out
and shoot me a cop today!"
Copy !req
301. What do you know?
Copy !req
302. Stevie...
Copy !req
303. Tell me why.
Copy !req
304. Please.
Copy !req
305. You think I don't know you?
Copy !req
306. I know everything about you.
Copy !req
307. Whitey gets shot...
or gets a hangnail, they snap,
Copy !req
308. and Tom comes running.
Copy !req
309. (sobbing):
But my brother gets shot...
Copy !req
310. and no one—
no one does nothing!
Copy !req
311. No one gives a damn!
Copy !req
312. No one but me!
Copy !req
313. So, what, you take down a cop
just to even things out?
Copy !req
314. That's right.
Copy !req
315. You better believe it.
Copy !req
316. Your client didn't
ask for an attorney
Copy !req
317. until after he confessed.
Copy !req
318. Well, be that as it may,
he's just a child.
Copy !req
319. It just so happens his 18th
birthday was last week.
Copy !req
320. So he's not entitled
to have a parent with him
Copy !req
321. in the interrogation room.
Copy !req
322. 18. Let me ask you,
Copy !req
323. when you were 18,
would you have been capable
Copy !req
324. of holding your own alone,
in a closed room,
Copy !req
325. with two
homicide detectives?
Copy !req
326. I wouldn't have popped
Copy !req
327. three rounds at a cop.
Copy !req
328. I would have thought the air in
here would be more sympathetic.
Copy !req
329. Now, why would you think that?
Copy !req
330. Do I offend you, Lieutenant?
Copy !req
331. You know,
the truth is, Counselor,
Copy !req
332. I've seen you in action.
Copy !req
333. I've seen you
turn a simple assault
Copy !req
334. intoBrown V. Board
of Education.
Copy !req
335. When the sheet fits...
Copy !req
336. Your client shot an innocent
cop— a wife, a mother...
Copy !req
337. Because his brother
Copy !req
338. was murdered eight years ago,
Copy !req
339. and a whole bunch of other
innocent cops
Copy !req
340. shined him
and his mother on.
Copy !req
341. Which is a fact you can take up
Copy !req
342. with the District Attorney,
Counselor.
Copy !req
343. Who, if they ever
get around to it,
Copy !req
344. will quickly see this
is not the kind of case
Copy !req
345. they want to put
in front of a jury.
Copy !req
346. Have a nice day.
Copy !req
347. There he goes—
Copy !req
348. Johnnie Cochran
without the rhyme.
Copy !req
349. He's just saying
what we already know—
Copy !req
350. let's not pretend Joe Cop
moves with the same speed
Copy !req
351. when the call's
to 125th and Lennox
Copy !req
352. than to 63rd and Park.
Copy !req
353. Okay. 1994, the
1-6 investigated
Copy !req
354. the murder of an Eric Thomas.
Copy !req
355. You call up the file?
Copy !req
356. All the current database
had was the name,
Copy !req
357. and case closed.
Copy !req
358. There you go—
that means we caught the guy
Copy !req
359. who killed Eric Thomas,
and now his kid brother
Copy !req
360. and his esteemed attorney
are trying to pull a fast one.
Copy !req
361. You know, we should talk
Copy !req
362. to the lead detective.
Copy !req
363. That'll be hard to do
without a seance.
Copy !req
364. Lead detective was
a guy named Nick Helms.
Copy !req
365. I went to his funeral
about six years ago.
Copy !req
366. Well, I hope you brought
your antihistamine.
Copy !req
367. Why?
Copy !req
368. You ever been to Dead Files?
Copy !req
369. Whoa, whoa. The computer
said the case was closed.
Copy !req
370. Well, this one isn't,
and this kid's whole defense
Copy !req
371. is that we screwed up on his
brother's murder investigation.
Copy !req
372. So what?
Copy !req
373. So I, for one, would like
to know how bad.
Copy !req
374. Bottom line, Ed, no
matter what we find,
Copy !req
375. it doesn't justify that
kid shooting at a cop.
Copy !req
376. Could affect sentencing.
Copy !req
377. And if God had wanted man
to have fair trials,
Copy !req
378. he would have given the
jury Pentium processors
Copy !req
379. instead of prejudices.
Copy !req
380. All I'm saying is,
Copy !req
381. people bring a whole
lot of baggage
Copy !req
382. into everything they do,
Copy !req
383. and lawyers like Halpert know
how to make the worst of it.
Copy !req
384. Here's all I got.
Copy !req
385. All you got?
Copy !req
386. What does that mean?
Copy !req
387. Most of the file
looks lost.
Copy !req
388. Lost? This is File Storage.
Copy !req
389. How do you lose a file?
Copy !req
390. Eight years.
Copy !req
391. I'll put out an APB,
Copy !req
392. but based on past
experience...
Copy !req
393. odds aren't good.
Copy !req
394. I'm starting to think
Halpert is right.
Copy !req
395. Complaint was called
in by a neighbor,
Copy !req
396. who found a body
Copy !req
397. on 128th Street.
Copy !req
398. Cops arrived at 1:48 a.m.
and found Eric Thomas dead.
Copy !req
399. You hear what I said?
Copy !req
400. Weapon was a Ruger found
four feet from the body.
Copy !req
401. Should be in the
property clerk's unit.
Copy !req
402. But the death certificate
Copy !req
403. and final autopsy report
are missing.
Copy !req
404. Lennie...
Copy !req
405. Hey, Ed, what do you
want from me?
Copy !req
406. I sold my plantation
over a century ago.
Copy !req
407. All I'm saying is,
Copy !req
408. where do they store
Copy !req
409. the homicide files
for the rich white kids?
Copy !req
410. I think we can worry
about that another time...
Copy !req
411. because Stevie's brother
Eric wasn't murdered.
Copy !req
412. He committed suicide.
Copy !req
413. Of course
Copy !req
414. theirreports said that Eric
committed suicide.
Copy !req
415. That way, the cops never had
to investigate the crime.
Copy !req
416. That way they can sweep the life
of another innocent black child
Copy !req
417. underneath their
very white carpet.
Copy !req
418. Hey! He was just
getting warmed up.
Copy !req
419. He can try his case
in the press,
Copy !req
420. but that doesn't mean
I have to listen to it.
Copy !req
421. The kid shot at a cop
for no reason
Copy !req
422. other than that she was a cop—
what does he want?
Copy !req
423. Dead Files sent this over.
Copy !req
424. It was filed under "E."
Copy !req
425. "E" for "Eric."
Copy !req
426. That makes sense.
Copy !req
427. It says here that a weapon
was melted down
Copy !req
428. three years after the case
was deemed a suicide.
Copy !req
429. Your boy Helms interviewed
somebody named
Copy !req
430. Jason Hendri three times.
Copy !req
431. What about the death certificate
or autopsy report?
Copy !req
432. Well, it must be filed
with Hendri's statement.
Copy !req
433. Well, let's hope
he remembers
Copy !req
434. seeing Eric Thomas
put one in his own head.
Copy !req
435. Jason,
Copy !req
436. I'm Detective Green.
This is Detective Briscoe.
Copy !req
437. We want to talk
to you about Eric Thomas.
Copy !req
438. What about him?
Copy !req
439. We're looking into his death.
Copy !req
440. A little late,
aren't you?
Copy !req
441. Well, it's come up
in connection with...
Copy !req
442. Why'd I care about that?
Copy !req
443. We found your name
in the file.
Copy !req
444. Seems you told Detective
Helms that you saw
the shooting.
Copy !req
445. Whew!
Copy !req
446. We want to laugh, too, man.
Copy !req
447. What's in it for me?
Copy !req
448. That nice, warm
feeling you get
Copy !req
449. from doing the right thing.
Copy !req
450. You're serving three
consecutive
Copy !req
451. life sentences; a few years
off of one of them
Copy !req
452. ain't going to do much.
Copy !req
453. Want to know why
I was laughing?
Copy !req
454. I mean, what's it been,
seven, eight, years?
Copy !req
455. You all haven't figured
it outyet?
Copy !req
456. Figured out what?
Copy !req
457. Yeah, I saw that son of a bitch
who shot Eric Thomas.
Copy !req
458. Pretty hard not to see when...
Copy !req
459. you the son of a bitch
who pulled the trigger.
Copy !req
460. You?
Copy !req
461. (whispers):
Pow.
Copy !req
462. You know, it never ceases
Copy !req
463. to amaze
the extent people will go
Copy !req
464. to prove their ignorance,
fear, and hatred.
Copy !req
465. No cameras here, Carl.
Copy !req
466. No need to waste
the sound bite.
Copy !req
467. Let's discuss the mother
Copy !req
468. of all sound bites,
"to protect and serve."
Copy !req
469. Actually, I prefer the
unexpurgated version—
Copy !req
470. "To protect and serve
them that look like us."
Copy !req
471. I'm glad to see you
haven't lost a step.
Copy !req
472. Yeah, just getting started.
Copy !req
473. A suicide, but no autopsy
report? Give me a break.
Copy !req
474. A felony defense
based on incompetent
office personnel?
Copy !req
475. Oh, Jack, you're giving
them too much credit.
Copy !req
476. Let me spell this one
out for you: cover-up.
Copy !req
477. Nobody lost anything.
Copy !req
478. That's right,
Copy !req
479. I saw your press conference.
Copy !req
480. The cops didn't investigate
it in the first place.
Copy !req
481. That's right—
why bother to investigate
Copy !req
482. when you can get one
of your lackeys
Copy !req
483. to check
the little suicide box?
Copy !req
484. Neat, clean,
no fuss, no muss.
Copy !req
485. Best of all,
everyone's home for dinner.
Copy !req
486. Even if that
were true,
Copy !req
487. vengeance isn't a defense
for attempted murder.
Copy !req
488. I'm not sure
Copy !req
489. this even rises to
the level of vengeance.
Copy !req
490. Officer Cushman wasn't
even on the force
Copy !req
491. when Eric Thomas died.
Copy !req
492. The criminal acts
against my client
Copy !req
493. weren't committed
by an individual,
Copy !req
494. but by an entire system.
Copy !req
495. Now you call
a murder a suicide,
Copy !req
496. and the victim's family is
robbed of justice under the law.
Copy !req
497. This is nonsense.
Copy !req
498. It's obvious you just want
to inflame the jury.
Copy !req
499. Big picture, Ms. Southerlyn,
Copy !req
500. this case is not about
a devastated kid.
Copy !req
501. it's about Jim Crow,
new and improved racism,
Copy !req
502. with a felt-tipped pen.
Copy !req
503. All I have to do is point
the jury in the right direction,
Copy !req
504. and they'll do exactly
what they should.
Copy !req
505. Let your people go.
Copy !req
506. Yeah. Perhaps.
Copy !req
507. But I'll settle
for Stevie Thomas.
Copy !req
508. Carl, Carl.
Copy !req
509. I'm sure you had better things
to do with this morning
Copy !req
510. than spend it here with me.
Copy !req
511. Simple assault. No time.
Copy !req
512. He shot a cop.
Copy !req
513. You know I can't do that.
Copy !req
514. As always, my brother,
Copy !req
515. time with you
is time well spent.
Copy !req
516. Ms. Southerlyn.
Copy !req
517. We can move to exclude
all evidence
Copy !req
518. of Eric Thomas's
death as irrelevant.
Copy !req
519. Or we can cut it
off at the pass.
Copy !req
520. If we can prove beyond a doubt
that it was a suicide,
Copy !req
521. we essentially proved that the
police didn't do anything wrong.
Copy !req
522. Start with whoever it was that
wielded that felt-tip pen.
Copy !req
523. I put in a request
Copy !req
524. to Records after you called.
Copy !req
525. My luck was about
the same as the cop's.
Copy !req
526. Files don't just disappear.
Copy !req
527. Really? What city
doyouwork for?
Copy !req
528. Good news, we did come
up with a name.
Copy !req
529. Gail Berardi performed
the autopsy on Eric Thomas.
Copy !req
530. Great. If nobody's
misplaced her, that is.
Copy !req
531. Uh, you might be better off.
Copy !req
532. Gail left the ME's Office
a few years ago
Copy !req
533. to become a private consultant.
Copy !req
534. The parting wasn't what you
would call sweet.
Copy !req
535. What, are you telling me
Copy !req
536. this woman ransomed
her autopsy reports?
Copy !req
537. With Gail Berardi,
nothing would surprise me.
Copy !req
538. I don't remember
the case.
Copy !req
539. The ME's office seems
to think you have the files.
Copy !req
540. It's possible.
Copy !req
541. I'll take a look
and get back to you.
Copy !req
542. When?
Copy !req
543. I don't know. When
I get around to it.
Copy !req
544. I'm being called as an expert
tomorrow in Hartford,
Copy !req
545. next week, L.A.
Copy !req
546. I don't think I made
myself clear.
Copy !req
547. This file is going
to be evidence
Copy !req
548. in an attempted murder case.
Copy !req
549. I don't think I made
myselfclear.
Copy !req
550. It's not my problem anymore.
Copy !req
551. Good-bye.
Copy !req
552. Dr. Berardi's files
Copy !req
553. are evidence in a felony
trial. Subpoena them.
Copy !req
554. That's the first
thing I threatened,
Copy !req
555. but what's evidence to us
is work product to her.
Copy !req
556. She'd fight it for sure.
Copy !req
557. This woman rents herself out as
an expert witness, doesn't she?
Copy !req
558. (sarcastically):
You want to hire her?
Copy !req
559. No, but no one else will,
either, if we charge her
Copy !req
560. with embezzlement
of government property.
Copy !req
561. Dr. Berardi took files
Copy !req
562. when she left
the ME's office.
Copy !req
563. Her personal files,
which she had every right to.
Copy !req
564. As an employee
of the State,
Copy !req
565. those files were produced
at behest of the State.
Copy !req
566. They were, in effect,
works for hire
Copy !req
567. and were and remain
her employer's property.
Copy !req
568. What is it
Copy !req
569. we're talking about here?
Copy !req
570. Research? Time cards?
Copy !req
571. Autopsy reports.
Copy !req
572. Shame on you.
Copy !req
573. Thank you,
Your Honor.
Copy !req
574. And shame on you
for trying to swat flies
Copy !req
575. with SCUD missiles.
Copy !req
576. This is a civil matter,
Counselor.
Copy !req
577. If you want to argue
about personal property,
Copy !req
578. you should take it up with
people who actually give a damn
Copy !req
579. about this sort of nonsense.
Copy !req
580. Your Honor...
Copy !req
581. You've got
a colorable claim,
and I use that term
Copy !req
582. very freely.
Copy !req
583. Although I'd love to,
Copy !req
584. I can't in good conscience
dismiss the charges.
Copy !req
585. So what do you say, doc?
Copy !req
586. Give the lady her files
Copy !req
587. or you're looking
at one major headache.
Copy !req
588. These notes
are better organized
Copy !req
589. and more detailed
than most of what I see.
Copy !req
590. The cause of death was a single
gunshot wound to the skull.
Copy !req
591. Consistent with suicide?
Copy !req
592. No, I said organized
and detailed.
Copy !req
593. I didn't
say complete.
Copy !req
594. Why aren't I surprised?
Copy !req
595. There's nothing here
Copy !req
596. regarding the position of either
entrance or exit wounds.
Copy !req
597. Trace gunshot residue
is referenced,
Copy !req
598. but taken alone that's
not enough to say for sure.
Copy !req
599. You really need to examine
the beveling of the bone.
Copy !req
600. We typically keep photos
and scale drawings.
Copy !req
601. Do you think
Berardi held them back?
Copy !req
602. You'd never be able
to prove it if she did.
Copy !req
603. Documents
from closed files
Copy !req
604. are often used for research,
teachings, statistical studies.
Copy !req
605. Her reports could be anywhere
between here and Albany.
Copy !req
606. So you're telling me I won
the battle and lost the war.
Copy !req
607. Not necessarily.
Copy !req
608. You still got a fighting chance
Copy !req
609. if you get me the skull
of Eric Thomas.
Copy !req
610. You people.
Copy !req
611. You toss one of my boys off
like he's garbage.
Copy !req
612. Now you want me to pull him
from his grave?
Copy !req
613. If Eric were my son,
I'd want to know
Copy !req
614. for sure what happened to him.
Copy !req
615. I always knew what happened,
now I know how and who.
Copy !req
616. Of course.
I understand.
Copy !req
617. What do you understand?
Copy !req
618. You don't care
a damn about Eric.
Copy !req
619. You just want
to save some cops' butts.
Copy !req
620. Those were
some pretty
Copy !req
621. harsh words, Mrs. Thomas.
Copy !req
622. You earned them.
Copy !req
623. Eight years you people have
kept me dangling on a string.
Copy !req
624. Well, I'm not
dancing for you no more.
Copy !req
625. I don't care how many strings
you try to pull.
Copy !req
626. Of course not.
Copy !req
627. How about you let me
Copy !req
628. talk to Mrs. Thomas
mother to mother?
Copy !req
629. Thanks.
Copy !req
630. It's a funny thing, Mrs. Thomas.
Copy !req
631. We have a laundry room in
the basement of my building
Copy !req
632. and a couple
of weeks ago,
Copy !req
633. I went down
to move a load
Copy !req
634. from the washer
to the dryer
Copy !req
635. and I noticed that
my box of detergent
Copy !req
636. was missing.
Copy !req
637. And I knew who did it.
Copy !req
638. Mrs. Ross, second floor.
Copy !req
639. A real scavenger,
that one.
Copy !req
640. You got a point?
Copy !req
641. Yeah, I got a point.
Copy !req
642. A week later,
my son, my oldest, Stefan,
Copy !req
643. gets into a fist fight
with Andy Ross.
Copy !req
644. It seems he called
his mother a thief.
Copy !req
645. Hatred isn't inherited,
Mrs. Thomas,
Copy !req
646. it's learned.
Copy !req
647. I didn't talk Stevie
into doing this,
Copy !req
648. if that's where you're headed.
Copy !req
649. I think I can understand how
angry you must be, how hurt.
Copy !req
650. I can see it in your eyes
and we just met.
Copy !req
651. I can only imagine
what Stevie felt like
Copy !req
652. looking at those eyes
for eight long years.
Copy !req
653. He had to feel small, powerless,
Copy !req
654. unable to ease
his mother's pain.
Copy !req
655. He just turned
18, right?
Copy !req
656. Yeah.
Copy !req
657. So now how could he become a man
Copy !req
658. if he couldn't stop
his mama's suffering?
Copy !req
659. Stevie traded his life
to ease your hurt.
Copy !req
660. The least you could do
is make it mean something.
Copy !req
661. Prove to the world
Copy !req
662. that your oldest
was really murdered,
Copy !req
663. and I swear to you,
I will personally go after
Copy !req
664. whoever was responsible
for covering it up.
Copy !req
665. Oh, God!
Copy !req
666. (crying):
Oh, God!
Copy !req
667. The funeral home
was owned
Copy !req
668. by Douglas Lexhall.
Copy !req
669. Was?
Copy !req
670. He was convicted
Copy !req
671. four years ago for selling
corpses without permission
Copy !req
672. to foreign
medical schools.
Copy !req
673. The ADA handling
the case
Copy !req
674. thought they'd ID'd
all of the missing bodies.
Copy !req
675. That is a real comfort.
Copy !req
676. With the way this case
has been handled to date,
Copy !req
677. I wouldn't be surprised
if Eric Thomas just got fed up
Copy !req
678. and decided
to walk off on his own.
Copy !req
679. Missing files,
missing bodies...
Copy !req
680. I, for one,
Copy !req
681. would like to display
Copy !req
682. at least a modicum
of competency at my job.
Copy !req
683. And if my office
can't convict a kid
Copy !req
684. who confessed
to shooting a cop
Copy !req
685. then I'm not going to get
many more opportunities.
Copy !req
686. Halpert's insisting that
Stevie Thomas does no time.
Copy !req
687. What the hell.
Copy !req
688. At my age,
I should be fishing anyway.
Copy !req
689. On February 4th,
at approximately 10:15 PM,
Copy !req
690. Stevie Thomas was not at home
working on his physics homework.
Copy !req
691. He was not watching the Knicks
beat the Clippers on television.
Copy !req
692. He was not talking to his
friends on the phone.
Copy !req
693. On February 4th,
at approximately 10:15 PM,
Copy !req
694. Stevie Thomas was
in his mother's car,
Copy !req
695. without her knowledge,
driving past
Copy !req
696. the Market Diner
over on 11th Avenue.
Copy !req
697. On February 4th,
at approximately 10:15 PM,
Copy !req
698. police officer Alice Cushman
exited the Market Diner
Copy !req
699. after having
a cop of coffee
Copy !req
700. with several other officers
from the 31st Precinct.
Copy !req
701. She was on her way home.
Copy !req
702. She was thinking about kissing
Copy !req
703. her sleeping baby Ricky
on the forehead.
Copy !req
704. On February 4th,
at approximately 10:15 PM,
Copy !req
705. Stevie Thomas had
Copy !req
706. a.38 caliber revolver
in his hand.
Copy !req
707. He fired three times
from his mother's car.
Copy !req
708. One of those bullets struck
Officer Cushman in the shoulder.
Copy !req
709. Defense Counsel
will present
Copy !req
710. a bevy of possible
explanations,
Copy !req
711. but in a court of law
in the State of New York,
Copy !req
712. they have nothing to do
with the case.
Copy !req
713. Stevie Thomas shot a cop.
Copy !req
714. That's all that matters.
Copy !req
715. Your opening statement,
Mr. Halpert.
Copy !req
716. I think I'll pass, Your Honor.
Copy !req
717. Actually, I didn't
know what happened.
Copy !req
718. I remember a flash of light,
wheels screeching,
Copy !req
719. a shooting pain
running down my side
Copy !req
720. and then I guess I passed out.
Copy !req
721. Could you identify the car?
Copy !req
722. It was blue,
kind of old...
Copy !req
723. a Pontiac, I think.
Copy !req
724. It happened fast.
Copy !req
725. The driver?
Copy !req
726. The most I could tell
was that it was a male.
Copy !req
727. Had you ever had
any dealings
Copy !req
728. with the defendant
prior to the shooting?
Copy !req
729. I never saw him face to face
until today.
Copy !req
730. Any members
of his family?
Copy !req
731. Not that
I'm aware of.
Copy !req
732. Thank you, Officer.
Copy !req
733. So other than being male,
Copy !req
734. you can't tell us
anything about the driver?
Copy !req
735. He was African-American,
if that's what you mean.
Copy !req
736. That's exactly what I mean.
Copy !req
737. Nothing more, Your Honor.
Copy !req
738. Forensics determined
Copy !req
739. that the bullet taken out
of Officer Cushman
Copy !req
740. was from a.38 that was found
Copy !req
741. in the trunk of an abandoned car
in Long Island City.
Copy !req
742. The car was registered
to one Janet Thomas.
Copy !req
743. Did there ever come a time
when you personally
Copy !req
744. spoke to the defendant,
Stevie Thomas?
Copy !req
745. Yes, my partner,
Copy !req
746. Detective Briscoe and I,
Copy !req
747. brought him down
to the squad for questioning.
Copy !req
748. And what happened?
Copy !req
749. He confessed to shooting
Officer Cushman.
Copy !req
750. What did Detective Briscoe say
after Stevie confessed?
Copy !req
751. He wasn't
in the room.
Copy !req
752. Really?
Copy !req
753. I could have sworn
you just testified
Copy !req
754. that the two of you
Copy !req
755. questioned
my client.
Copy !req
756. Detective Briscoe
was in the room
Copy !req
757. for part of the interrogation.
Copy !req
758. He left before
the defendant confessed.
Copy !req
759. I see.
Copy !req
760. So from now on we'd best assume
Copy !req
761. what you tell us
is kind of the truth.
Copy !req
762. Tag teaming a suspect
is often
Copy !req
763. the most efficient way
of interrogating him.
Copy !req
764. It throws the suspect off.
Copy !req
765. Sometimes he forgets
what he told one detective
Copy !req
766. and he changes his story.
Copy !req
767. Either way,
Copy !req
768. the other detective
is monitoring
Copy !req
769. the interrogation from
the observation room.
Copy !req
770. Did you question Stevie
about where he got the car?
Copy !req
771. Yes.
Copy !req
772. About the shooting?
Copy !req
773. Yes.
Copy !req
774. And there was something else.
Copy !req
775. Something about
a new toaster oven.
Copy !req
776. That was a figure of speech.
Copy !req
777. I never heard it used
in the context
Copy !req
778. of a police
interrogation before.
Copy !req
779. Why don't you
explain it to me?
Copy !req
780. Your client was being
completely disrespectful.
Copy !req
781. And you thought
toast would help?
Copy !req
782. He was denigrating me as a cop.
Copy !req
783. And you got mad.
Copy !req
784. No, I was always in control.
Copy !req
785. Isn't it true you told Stevie
that the department
Copy !req
786. gives out toaster ovens for
every African-American child
Copy !req
787. you beat
the crap out of?
Copy !req
788. I wasn't
serious.
Copy !req
789. You were joking?
Copy !req
790. Yes. That's right.
Copy !req
791. What did you partner—
who you've already testified
Copy !req
792. was watching through the glass—
Copy !req
793. what did he do when you
joked with my client?
Copy !req
794. He watched.
Copy !req
795. A white cop just watched
Copy !req
796. while his partner
threatened a black boy.
Copy !req
797. Does this happen often?
Copy !req
798. Objection.
Copy !req
799. Sustained.
Copy !req
800. Withdrawn.
Copy !req
801. Tell me, Detective,
whose prints are on that.38?
Copy !req
802. It was wiped clean.
Copy !req
803. So you have
no way of proving
Copy !req
804. exactly who fired it.
Copy !req
805. Your client
confessed.
Copy !req
806. After you threatened
to beat him silly.
Copy !req
807. I didn't threaten him.
Copy !req
808. When a jury's
involved,
Copy !req
809. the truth doesn't
always matter.
Copy !req
810. Especially this jury.
Copy !req
811. What are you saying?
Copy !req
812. "Especially this jury?"
Copy !req
813. What's different
about this jury
Copy !req
814. that they wouldn't
recognize the truth?
Copy !req
815. Halpert wants to show
Copy !req
816. how irresponsible the force is
Copy !req
817. when dealing
with the black community.
Copy !req
818. He gave you the brush,
Detective.
Copy !req
819. And you painted
the exact picture
Copy !req
820. he was looking for.
Copy !req
821. So, can't you paint
a different picture?
Copy !req
822. How?
Copy !req
823. I don't have any more witnesses.
Copy !req
824. The People rest, Your Honor.
Copy !req
825. At this time,
Your Honor,
Copy !req
826. the defense is
prepared to proceed
Copy !req
827. with its opening
statement.
Copy !req
828. Chambers, Your Honor.
Copy !req
829. You can't open in
the middle of a trial.
Copy !req
830. I don't see why not.
Copy !req
831. The Court rules give me
the right
Copy !req
832. to give an opening statement
to the jury.
Copy !req
833. They don't specify
when I have to give it.
Copy !req
834. The plain language
of the rules suggest
Copy !req
835. that it was intended
to be given
Copy !req
836. at the opening
of the trial.
Copy !req
837. Well, that's funny.
Copy !req
838. I thought it meant
at the opening of my case.
Copy !req
839. This is merely a way
Copy !req
840. for counsel to divert
the jury's focus
Copy !req
841. from the People's
case-in-chief.
Copy !req
842. It would provide
a distinct advantage.
Copy !req
843. Well, let's talk
about advantage.
Copy !req
844. Which side gets to sit
spitting distance from the jury?
Copy !req
845. Who gets to open first
and close last?
Copy !req
846. If you forgot,
Copy !req
847. it's the State
on both counts.
Copy !req
848. I'm just trying to offset
the overwhelming advantage
Copy !req
849. the State has the moment
we open the doors
Copy !req
850. to that courtroom.
Copy !req
851. I never thought of that.
Copy !req
852. Well, you've never
been a defendant.
Copy !req
853. The rules don't prohibit it,
so why should I?
Copy !req
854. You know,
before I got here today,
Copy !req
855. I joined an
acquaintance
of mine on line
Copy !req
856. at a coffee truck
around the corner.
Copy !req
857. We reached the counter,
Copy !req
858. and we both
ordered a cup
of coffee
Copy !req
859. and a Danish.
Copy !req
860. Unfortunately,
there was only
one Danish left,
Copy !req
861. and the man at
the counter gave
it to my friend.
Copy !req
862. He was white.
Copy !req
863. I was mad.
Copy !req
864. Now, here I was,
an established attorney
Copy !req
865. who'd argued before
this country's Supreme Court,
Copy !req
866. and yet this slight...
Copy !req
867. made my blood boil.
Copy !req
868. Not because I had
my heart set on
that Danish. No.
Copy !req
869. But because, for
that moment in time,
Copy !req
870. I was invisible.
Copy !req
871. Now just imagine
how mad I would have been
Copy !req
872. if I wasn't an attorney.
Copy !req
873. If I was
an 18-year-old boy.
Copy !req
874. If it wasn't some ignoramus
behind a coffee counter
Copy !req
875. who made me disappear,
but the police.
Copy !req
876. Imagine how mad
I'd have been
Copy !req
877. if I wasn't turned invisible
Copy !req
878. for a moment, but
for eight long years.
Copy !req
879. Stevie Thomas's big brother,
Eric, was murdered
Copy !req
880. eight years ago.
Copy !req
881. The police made the case
disappear
Copy !req
882. by calling it a suicide.
Copy !req
883. They kept it invisible
by not only losing the records,
Copy !req
884. but his brother's body.
Copy !req
885. Now, as you listen
to my case,
Copy !req
886. please keep two
things in mind.
Copy !req
887. Stevie's prints were
not on the weapon
Copy !req
888. and there are no witnesses
to put him at the scene.
Copy !req
889. I knew Eric Thomas
Copy !req
890. from around.
Copy !req
891. You were friends?
Copy !req
892. I wouldn't go that far.
Copy !req
893. Tell us about the last time
you saw him, if you could.
Copy !req
894. Sure.
Copy !req
895. Maybe eight years ago.
Copy !req
896. It was at night.
Copy !req
897. Maybe 9:00, 9:30.
Copy !req
898. We got into,
like, a scuffle.
Copy !req
899. And what happened?
Copy !req
900. Eric wasn't all
that tough.
Copy !req
901. He tried to run.
Copy !req
902. I put a round
through the back of his head.
Copy !req
903. You shot him?
Copy !req
904. That's right.
Copy !req
905. Were you ever questioned
by the police
Copy !req
906. regarding this shooting?
Copy !req
907. Sure, but I gave them some song
and dance.
Copy !req
908. You're currently
incarcerated
Copy !req
909. at Sing Sing
State Penitentiary,
Copy !req
910. are you not, Mr. Hendri?
Copy !req
911. That's right.
Three counts
of murder.
Copy !req
912. When do you expect to get out?
Copy !req
913. I don't.
Copy !req
914. So you have no reason
to lie, do you?
Copy !req
915. You have no reason
to tell the truth, either.
Copy !req
916. Isn't that right?
Copy !req
917. Huh?
Copy !req
918. The State can't
Copy !req
919. do anything more to you,
Copy !req
920. so why not have a little fun,
get your name
Copy !req
921. in the paper,
your face on the news?
Copy !req
922. All I know is I shot him
smack in the back of the head.
Copy !req
923. It was Detective Helms
working the case.
Copy !req
924. He told me he was dead.
Copy !req
925. Did he ever once say
Copy !req
926. your son committed suicide?
Copy !req
927. Not at first.
Copy !req
928. So,
Copy !req
929. initially, he told you
Eric was murdered?
Copy !req
930. It was more than once.
Copy !req
931. Every time he told me
he was getting close
Copy !req
932. to finding the killer.
Copy !req
933. Then one day,
Copy !req
934. he tells me to
stop calling him.
Copy !req
935. Eric killed
himself, he said.
Copy !req
936. He's off the case.
Copy !req
937. Did you believe him?
Copy !req
938. I knew my son.
Copy !req
939. I knew there was no way
he would take his own life.
Copy !req
940. So, I went to his Lieutenant
and then his Captain.
Copy !req
941. Both of them told me
there was nothing they could do.
Copy !req
942. They said
Eric committed suicide,
Copy !req
943. and I should stop
bothering them
Copy !req
944. and get on with my life.
Copy !req
945. Were Eric and Stevie close?
Copy !req
946. Since my husband passed away,
Copy !req
947. Eric was like both
his brother...
Copy !req
948. and his father.
Copy !req
949. Eric would do anything
for Stevie.
Copy !req
950. And Stevie loved him
more than he loved himself.
Copy !req
951. To have him murdered,
Copy !req
952. to have his memory treated
like trash by the police...
Copy !req
953. As one of the Assistant
Medical Examiners,
Copy !req
954. it was my function
to perform autopsies.
Copy !req
955. And you performed the autopsy
on Eric Thomas, did you?
Copy !req
956. That was eight years ago.
Copy !req
957. I don't remember,
Copy !req
958. but if the records show
that I did,
Copy !req
959. I won't argue.
Copy !req
960. I show you what has been marked
Defendant's Exhibit D.
Copy !req
961. Do you recognize it,
Dr. Berardi?
Copy !req
962. Those are my initials, yes.
Copy !req
963. Please tell the court
what it is.
Copy !req
964. We call it the ME's
Summary Report.
Copy !req
965. It contains
the bottom line
Copy !req
966. on the case?
Copy !req
967. That's correct.
Copy !req
968. Typically, there are
detailed reports
Copy !req
969. found inside the folder.
Copy !req
970. Mm-hmm.
Copy !req
971. But alas...
this one's empty.
Copy !req
972. Could that mean
that the detail work
Copy !req
973. you spoke of was not performed
in this case?
Copy !req
974. Absolutely not.
Copy !req
975. I couldn't have completed
the summary
Copy !req
976. if I hadn't done the work.
Copy !req
977. Hmm.
Copy !req
978. And you know it was a suicide
Copy !req
979. because this little box
is checked.
Copy !req
980. That's correct.
Copy !req
981. While at the
ME's office,
Copy !req
982. I performed thousands
of autopsies,
Copy !req
983. and I followed the exact
same procedure
Copy !req
984. with each of them.
Copy !req
985. Okay.
Copy !req
986. Tell us what happens
Copy !req
987. after you check the little
suicide box.
Copy !req
988. The case is
deemed closed.
Copy !req
989. And the detectives stop
working?
Copy !req
990. That's correct.
Copy !req
991. So, hypothetically,
Copy !req
992. if a detective was stumped,
or if he just didn't feel
Copy !req
993. like investigating the case,
you could help him out
Copy !req
994. by making a little check here...
Copy !req
995. That is absurd.
Copy !req
996. But it's possible.
Copy !req
997. Dr. Berardi, I show you
what we'll call People's 17.
Copy !req
998. Do you recognize it?
Copy !req
999. Yes.
Copy !req
1000. These are my notes
from the autopsy of Eric Thomas.
Copy !req
1001. Now, earlier we heard
Copy !req
1002. Mr. Jason Hendri testify
Copy !req
1003. that he shot Eric Thomas
Copy !req
1004. in the back of the head.
Copy !req
1005. Is there anything
in these notes
Copy !req
1006. that might confirm
that statement?
Copy !req
1007. Actually, quite the opposite.
Copy !req
1008. I can state as a fact
that Mr. Thomas was not shot
Copy !req
1009. in the back of the head.
Copy !req
1010. Please explain.
Copy !req
1011. There were two holes
in the deceased's skull—
Copy !req
1012. here and here,
Copy !req
1013. in the occipital
and temporal bones.
Copy !req
1014. The pattern of
gunshot residue
Copy !req
1015. indicates that the entrance
wound was here.
Copy !req
1016. Then, in your opinion,
Copy !req
1017. Mr. Hendri lied
Copy !req
1018. when he testified
that he murdered Mr. Thomas
Copy !req
1019. by shooting him
in the back of the head?
Copy !req
1020. That's correct.
Copy !req
1021. This all happened
eight years ago,
Copy !req
1022. and I cannot say for sure
what happened.
Copy !req
1023. But because the suicide box
was checked,
Copy !req
1024. I would have to assume
Copy !req
1025. that there were sufficient
forensic markers
Copy !req
1026. to conclude
that this was not a homicide.
Copy !req
1027. Thank you,
Dr. Berardi.
Copy !req
1028. I may have misunderstood
Rodgers,
Copy !req
1029. but I think
Berardi is taking liberties
Copy !req
1030. with the truth.
Copy !req
1031. Find out.
Copy !req
1032. I'm glad there are no
hard feelings, Dr. Berardi,
Copy !req
1033. and I certainly appreciate
your coming down here.
Copy !req
1034. After what
I did for you
Copy !req
1035. in court today,
I'd expect champagne.
Copy !req
1036. Don't get me wrong.
Copy !req
1037. I like winning
Copy !req
1038. as much as the next guy,
Copy !req
1039. but I don't like winning
with partially true testimony.
Copy !req
1040. You think I lied?
Copy !req
1041. Dr. Rodgers tells us
Copy !req
1042. that gunshot residue
by itself is not enough
Copy !req
1043. to determine entrance
and exit wounds.
Copy !req
1044. She told us
that you'd have
Copy !req
1045. to examine the
beveling of the
bones as well.
Copy !req
1046. We'd like to know
Copy !req
1047. why you omitted that
from your testimony.
Copy !req
1048. Hey, you go to hell.
Copy !req
1049. You made it perfectly clear
that I had to testify.
Copy !req
1050. Do you know I
busted my ass
for this city
Copy !req
1051. and they paid me back
by not paying me.
Copy !req
1052. But I came down here
Copy !req
1053. against my better judgment
Copy !req
1054. to serve the city one more time
Copy !req
1055. on a case I don't even remember.
Copy !req
1056. You want to know
what it was like
Copy !req
1057. for me at that time?
Copy !req
1058. I had 20 open
cases on my desk
Copy !req
1059. at any given time.
Copy !req
1060. I was overworked
and overtired.
Copy !req
1061. Are you saying
you made a mistake?
Copy !req
1062. That you checked the suicide box
by mistake?
Copy !req
1063. Haven't you ever made a mistake,
Counselor?
Copy !req
1064. Haven't you ever forgotten
Copy !req
1065. a crucial question?
Copy !req
1066. Forgotten a vital piece
of testimony?
Copy !req
1067. You know what?
Copy !req
1068. The truth is...
Copy !req
1069. I just don't know.
Copy !req
1070. Mm.
Copy !req
1071. Thanks for meeting me here.
Copy !req
1072. When I'm on trial,
I live on Frankie's chili.
Copy !req
1073. Keeps the heart pumping.
Copy !req
1074. You can trade it in for a steak.
Copy !req
1075. I'm sorry, Jack.
Copy !req
1076. I can't take a deal.
Copy !req
1077. Especially now.
Copy !req
1078. I'm going to redirect Berardi
Copy !req
1079. first thing tomorrow.
Copy !req
1080. She was tired.
Copy !req
1081. She was overworked.
Copy !req
1082. She might have made a mistake.
Copy !req
1083. Or maybe it wasn't
Copy !req
1084. a mistake at all.
Copy !req
1085. Look, Jack, if you were
in my position,
Copy !req
1086. who would you believe?
Copy !req
1087. A white woman who has already
lied once on the stand,
Copy !req
1088. or a couple of centuries
Copy !req
1089. of history?
Copy !req
1090. This isn't about history.
Copy !req
1091. Now, Jack, that was a very
Copy !req
1092. self-serving rationalization,
Copy !req
1093. and you know it.
Copy !req
1094. To a large portion
of this country,
Copy !req
1095. it isalwaysabout history.
Copy !req
1096. So, you're fine
with the next kid
Copy !req
1097. who's unhappy
with the cop on the corner
Copy !req
1098. and decides to get a gun.
Copy !req
1099. Of course not.
Copy !req
1100. But maybe now, that kid won't
be condemned to live the life
Copy !req
1101. his father and grandfather were
forced to accept.
Copy !req
1102. It's not going to end, is it?
Copy !req
1103. Jack, try the chili.
Copy !req
1104. It's really good.
Copy !req
1105. Jury foreman, have you
reached a verdict?
Copy !req
1106. We have.
Copy !req
1107. On the first count
Copy !req
1108. of the indictment,
Copy !req
1109. attempted murder
in the first degree,
Copy !req
1110. how do you find?
Copy !req
1111. We find the defendant,
Steven Thomas, not guilty.
Copy !req
1112. Oh.
Copy !req
1113. Hey, Lieu.
Copy !req
1114. Weren't in a rush
to get home tonight?
Copy !req
1115. You know, I used to wake up
in the morning,
Copy !req
1116. brush my teeth, comb my hair,
look in the mirror
Copy !req
1117. and see a cop
looking back at me.
Copy !req
1118. Hmm. Stevie Thomas
shattered that mirror?
Copy !req
1119. Now I got six eyes
looking back.
Copy !req
1120. A cop.
Copy !req
1121. A black woman.
Copy !req
1122. A mother.
Copy !req
1123. Well, that's lucky.
Copy !req
1124. You know what
Eric Thomas sees?
Copy !req
1125. Nothing.
Copy !req
1126. Captioning sponsored by
UNIVERSAL NETWORK TELEVISION
Copy !req