1. In the criminal justice system,
the people are represented
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2. by two separate yet equally
important groups:
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3. the police,
who investigate crime
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4. and the district attorneys
who prosecute the offenders.
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5. These are their stories.
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6. Next stop, 14th Street.
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7. Change for the Uptown local.
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8. Next stop, 23rd Street.
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9. Let me through!
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10. Out of the way!
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11. Station 45, we have a shooting
in car number seven.
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12. Captioning sponsored by
NBC/Universal
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13. I heard there was two.
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14. One's still down there.
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15. They got two detectives
coming down right now.
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16. How are you doing,
fellas?
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17. Where are we
going, Joe?
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18. He's right over there.
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19. Looks like
we're in here.
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20. How's this one?
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21. He's okay.
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22. Guy doesn't look
so good to me.
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23. You're right,
He'd look better dead.
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24. One less jerk
with a screwdriver.
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25. You see the shooter?
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26. I did.
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27. Could you describe him for me?
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28. Her.
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29. Her?
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30. What did she
look like?
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31. A ballerina.
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32. A ballerina.
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33. Oh, yeah.
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34. Talk about your nutcracker, huh?
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35. You Jones?
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36. How are you feeling?
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37. I didn't do nothing.
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38. Of course you didn't,
Michael.
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39. You're a newborn babe.
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40. Well, then,
what do you want with me?
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41. Only your
speedy recovery
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42. so you might have a
happy and productive life.
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43. Actually...
we're on your side, Michael.
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44. Why did she shoot you?
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45. I don't know, man.
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46. The chick must be
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47. going crazy or
something.
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48. Well, what did
Darnell do, then?
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49. Nothing.
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50. Nothing?
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51. We heard he was coming on to her
pretty strong.
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52. Well, whoever told
you that is lying.
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53. My partner asked her
for some apple
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54. and she shot him.
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55. It's that simple.
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56. Asked? Or demanded?
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57. Asked.
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58. Besides, why did
she shoot me, huh?
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59. I didn't do a
damn thing to her.
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60. I was just sitting down
doing nothing, man.
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61. Listen, Michael,
now, listen real good.
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62. If the lady popped you two
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63. 'cause you
were mau-mauing her
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64. and they put her on trial,
I'll testify for her,
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65. but if you're telling the truth,
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66. if you're telling the truth,
I'll haul her into that court
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67. and nail her
for attempted murder.
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68. I am telling the truth.
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69. And I got a real good
chance of proving it.
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70. Got a bleeder
here— hemostat.
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71. Here you go
Tie him off.
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72. Come on, come on,
get the lead out.
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73. What's the hurry?
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74. This guy won't be running
a marathon.
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75. Can you see all right?
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76. Good.
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77. Yeah, let's wrap it up.
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78. You recover a slug?
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79. one in the subway,
one in Chenault's lower back.
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80. Well, that's a start.
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81. Any leads
on the gunman?
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82. Gunwoman.
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83. Gunperson.
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84. Lot of phone calls.
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85. Uh-huh. Who from?
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86. Bunch of psycho sisters
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87. each one claiming to
be the avenging angel.
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88. Oh, great, that is great.
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89. Who's calling her that?
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90. It's already
on the radio.
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91. Why do you think we're
getting all these volunteers?
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92. Maybe they can relate to her.
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93. Not to mention
they'd like to peddle
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94. their life story
to the highest bidder.
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95. I don't want the press
going into a feeding frenzy.
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96. You mean like,
"Babe to Punks: Drop Dead?"
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97. Maybe we
should deputize her.
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98. Just find her.
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99. I'm positive.
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100. He was grinding himself
right in that woman's face.
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101. What about the other one?
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102. He was just as bad,
but I kept my attention
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103. on the one
who was pushing on her.
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104. Are you willing to testify
in court to what you've told us?
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105. Of course.
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106. A lot of people develop short-
term memory loss these days.
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107. I'm not afraid
of punks like that.
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108. I've dealt with worse
when I taught fifth grade.
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109. Mrs. Hastings... the woman
who did the shooting,
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110. she's the one that
we're looking for.
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111. Well, you shouldn't be.
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112. When you find her,
I hope she gets a medal.
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113. "Midtown Dance Club."
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114. I think that's
what it was.
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115. Manhattan.
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116. You have good eyes.
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117. You've got to pay
attention. Chas?
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118. That's how come I
seen the ice pick.
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119. Ice pick? What ice pick?
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120. The one with the Yankees Cap.
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121. I'm a Mets fan;
I hate the Yankees,
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122. and he's waving an ice pick,
and I'm thinking,
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123. "What's this for? It's all
automatic ice cubes now."
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124. We heard it was a screwdriver.
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125. I seen what I seen.
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126. Look, you really think
we like these two dirt bags?
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127. So what's your problem?
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128. Shooting people you don't like
is a big problem.
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129. Unless you're
defending
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130. your own self.
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131. You saying it was self-defense?
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132. I seen what I seen.
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133. Why do I get
the feeling
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134. we're on the
wrong side here?
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135. Because you're thinking
like a civilian.
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136. Oh, yeah, right,
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137. I should have
known better, huh?
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138. Hey, don't worry, Max, next time
I'll be a good little German.
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139. You know, you've
got a wise mouth.
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140. Oh, yeah?
Yeah.
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141. You want every fruitcake on
a BMT packing six on his hip?
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142. Of course I don't want that;
I just think that...
Don't think!
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143. The city ain't a free-fire zone.
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144. Give me a...
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145. Turn, turn, and port de bras.
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146. Okay, let's take five.
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147. Ms. Putterman?
Mm-hmm.
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148. I'm Detective Logan,
I called you before.
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149. Yes, I told you, it sounds
like Laura Di Biasi.
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150. You got her address?
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151. What do I look like,
a phone book?
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152. In Manhattan.
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153. Okay, everybody,
let's take it again.
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154. Yes, I am aware, okay?
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155. I'm aware it's unlisted.
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156. Now, I told you,
for the tenth time,
I'm a police officer.
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157. Let's get this straight.
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158. Detective Mike Logan,
Badge number nine...
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159. Warrant, huh?
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160. Warrant this,
lady, all right?
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161. I get a warrant,
it's going to take
me three hours.
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162. Now you listen to me!
You listen to me!
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163. Hold on.
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164. Hi. To whom
am I speaking, please?
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165. Hello, Miss Schweder.
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166. This is Sergeant Greevey.
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167. Could you connect me
with your central
office supervisor?
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168. Maybe we can straighten
some of this out.
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169. Thank you so much.
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170. Chenault's got priors
up the ying-yang.
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171. Nothing on Jones.
Nothing?
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172. Computer came up
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173. with 12 felons
named Michael Jones—
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174. Michael J., Michael Ray,
Michael T.
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175. I hate walk-ups.
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176. No positive make
on our own Michael,
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177. no middle initial Jones.
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178. Zippo.
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179. Nobody home.
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180. Down the stairs.
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181. Whoa, whoa, whoa.
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182. Oh, excuse me.
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183. It's all right, ma'am.
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184. We're the police.
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185. Do you know where the lady
who lives there is?
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186. Miss Di Biasi?
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187. She works
at Murray Hill Hospital.
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188. I'm the chief administrator
in this place,
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189. and I've told you twice...
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190. You don't discuss personnel.
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191. And I'm telling you,
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192. I'm not interested
in a discussion!
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193. I want to know
where she is.
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194. She's working in Radiology.
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195. Ms. Di Biasi?
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196. Sergeant Greevey,
Detective Logan.
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197. We'd like to ask you
a few questions.
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198. Yeah. I imagine you would.
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199. I felt threatened.
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200. It's a threatening city.
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201. I felt I had to defend myself.
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202. Is that a crime?
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203. That's what we're trying
to determine.
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204. Why did you run?
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205. Because I was
freaked out.
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206. Okay, we can appreciate that.
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207. But... where did you get
the gun?
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208. Somebody gave it to me.
Boyfriend?
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209. Somebody, I don't know,
it was years ago.
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210. Meaning it's probably
unlicensed.
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211. Okay, uh...
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212. what did you do with it?
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213. I guess I threw it.
Guess?
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214. I dropped it down there.
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215. In the subway?
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216. Yeah.
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217. Listen, sure
you don't want
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218. to call your lawyer?
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219. My lawyer?
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220. Do I look like I could afford
to have a personal lawyer?
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221. Anyway, I don't need one.
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222. I haven't done anything wrong.
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223. I wouldn't count on that.
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224. Are you arresting me?
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225. Not at the present time,
but if we do arrest you,
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226. a lawyer will be provided
for you at no cost.
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227. Why are we
busting her chops?
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228. That the way
you see it?
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229. Hey, look, two kids
jump her on the subway,
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230. she defends herself, okay?
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231. We're not talking about
Squeaky Fromme here.
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232. We don't know that.
We don't?
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233. Look, she did the shooting;
that makes her the perp.
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234. That's all I know.
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235. What? you want to
do her or something?
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236. Hey, hey!
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237. It's all that
simple, huh?
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238. When it comes to the law,
it better be.
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239. Jones doesn't even
have a record.
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240. He says he was sitting down
when she shot him.
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241. Oh, yeah, he's such an
innocent-looking guy, Max.
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242. Ah, that's terrific.
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243. You're under arrest
for looking guilty.
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244. That's a cheap shot.
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245. The hell it is.
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246. That kind of thinking,
you can't do the job.
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247. When it comes to the law,
everybody's the same.
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248. That's when it works,
when everybody's the same.
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249. It's like football—
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250. You hold somebody,
you get caught, it's a penalty.
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251. Doesn't matter whether
you're Billy Sims
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252. or some rookie
for East Poduck State.
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253. She admitted
that she did the shooting!
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254. It's on videotape.
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255. She also says, "Yes, I wanted
to kill them to hurt them."
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256. Isn't that enough?
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257. You want to arrest her
on the Sullivan?
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258. The gun charge is pretty lame,
don't you think?
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259. It's still mandatory jail time.
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260. She fired into a crowded
subway car, for God's sakes.
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261. You want to go for attempted
murder, you're going to need
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262. a formal statement from
the other vic, uh, Mr. Shen-wah.
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263. That's Chenault.
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264. Darnell Chenault.
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265. Whatever.
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266. Chenault's been upgraded—
Room 322.
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267. Jones? Jones is in 324,
but you'd better hurry.
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268. Excuse me, ma'am.
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269. Dr. Garcia, pick up
your messages in Receiving.
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270. Yeah.
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271. Dr. Garcia,
check your messages...
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272. Michael Jones?
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273. Used to be.
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274. I don't want a shot, sweetheart.
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275. I want to get out
of this damn bed.
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276. Well, that's not going
to happen for a while, Darnell,
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277. so take it easy.
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278. Take it easy?
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279. Hey, baby, give me
some decent drugs
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280. if you want me to take it easy.
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281. Nicely, Darnell,
nicely.
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282. What are you
so upset about?
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283. Man, they say
I'm going to be paralyzed, man.
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284. Dumb mothers give me
freaking aspirin with codeine.
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285. You the new specialist?
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286. Sergeant Greevey,
Detective Logan.
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287. Yeah, Darnell,
just the facts, okay?
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288. The facts is—
why did the bitch shoot me?
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289. I didn't do nothing.
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290. Reckless endangerment?
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291. That tells the jury
the girl was a little upset
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292. but so long as no innocent
bystanders were hit
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293. there's no problem.
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294. Well, there's something
to that, isn't there?
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295. I got a subway full
of eyewitnesses
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296. who claim they saw
one of the victims
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297. accost Miss Di Biasi,
threaten her.
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298. With his hand on his crotch?
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299. With a screwdriver!
Or with an ice pick
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300. or a pickax?
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301. It's funny what the eye
can witness.
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302. Attempted homicide.
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303. Look, I know we're
going to prosecute,
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304. but do we have
to hang her out to dry?
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305. Why? So every loop head
can blast away
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306. when someone asks her
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307. for the time?
Oh, yeah, right, I forgot.
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308. You guys in the DA's office
are a regular bunch of Karnaks.
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309. You ask me, the young gentlemen
were not asking
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310. for the time of day.
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311. Let us suppose,
just for the sake of argument,
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312. that Miss Di Biasi has had
a really horrendous day,
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313. and someone jokingly says,
"Stick 'em up."
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314. She kills him.
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315. It's not self-defense, right?
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316. So she's liable for negligent
homicide, only in this case...
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317. In this case,
the guy didn't die.
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318. Okay, okay, so we go
for attempted murder then,
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319. if you're sure
you can make it stick.
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320. You'd better hope I can.
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321. She walks,
New York is Dodge City.
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322. May I make a suggestion?
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323. By all means.
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324. Skip the legal beagling,
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325. and go with plain vanilla
murder two.
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326. The coroner
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327. is determining the
C.O.D. on Mr. Jones
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328. even as we speak.
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329. Murder two?
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330. Bring her in.
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331. Wait a sec, huh?
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332. Ooh.
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333. Sergeant Greevey!
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334. Hold on.
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335. Look, relax, relax.
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336. Just tell me
what happened, honey.
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337. Well, why worry
about it then, huh?
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338. Yeah.
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339. Of course.
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340. We-We'll talk about it
later tonight, okay?
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341. I'll get home
as soon as I possibly can, okay?
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342. Yeah, me, too.
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343. What?
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344. It's nothing.
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345. Oh, I thought
it might have been something.
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346. Eileen got roughed up at school.
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347. Is she hurt?
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348. No, you know,
just some bruises.
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349. Is that all?
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350. Yeah. Yeah, that's all.
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351. Come on, let's wrap this up.
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352. Who did it?
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353. Three guys
from her basketball team.
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354. She ignored them,
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355. so they slammed her
up against the lockers.
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356. Bastards.
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357. I wonder if Chenault
and Jones were any good.
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358. At what?
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359. Basketball.
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360. Don't touch me with that thing.
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361. Did you re-mirandize her?
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362. Yeah, on the way in.
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363. Where's my lawyer?
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364. Why isn't she here yet?
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365. Public defenders
have a heavy caseload.
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366. She told me she'd be here.
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367. Well, maybe she's
stuck in traffic.
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368. Have a seat.
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369. I really want a lawyer.
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370. I don't want to talk to you.
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371. You understand, Miss Di Biasi,
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372. that you are charged
with negligent homicide.
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373. And when you appear
before the judge,
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374. he'll determine
what the bail will be
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375. if the court decides
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376. that you're
eligible...
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377. Why is this woman
handcuffed?
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378. Sorry, there was
an accident on the FDR.
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379. You haven't said anything,
I trust?
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380. "Trust" and "lawyer" that's a
pair of words that don't match.
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381. How about "cop"
and "I.Q. over 90"?
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382. Shambala Green, I'm
Miss Di Biasi's P.D.
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383. So I gathered.
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384. And I ask again,
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385. why is she handcuffed?
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386. Because she's an accused killer.
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387. Look, Ms. Green, why don't you
save your attitude
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388. for the courtroom?
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389. Do you have a toothbrush?
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390. Because we have to take you
over to the women's side
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391. until you're arraigned.
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392. Here, Counselor.
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393. Do something useful.
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394. What nuance!
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395. I spelled it out for them
in black and white.
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396. Yep, and therein
lies the rub.
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397. What? The color angle?
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398. Forget it, Ed.
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399. And this isn't Selma.
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400. Neither was Howard Beach, and
you know what happened there.
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401. You read the Times, Paul.
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402. Blacks favor
tougher sentences
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403. for street crime
than whites do.
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404. Very good.
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405. We still got to worry
about the perception of racism.
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406. Did she think these
guys were a threat
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407. because they were
street toughs
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408. or because they were black?
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409. I can't answer that.
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410. All I know is that
self-defense requires
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411. that the response be in
direct proportion to the threat.
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412. The threat as she
reasonably perceives it.
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413. If she thinks
that she is about to be raped,
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414. can she kill her attacker?
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415. The law says yes, absolutely.
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416. And what if her perception
is wrong?
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417. If we let her go,
do you realize
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418. what we are unleashing
in this city?
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419. There's always
the weapons charge.
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420. You can't be serious.
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421. If we don't prosecute,
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422. we're creating
a city of vigilantes.
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423. A man is dead.
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424. I don't need a summation.
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425. Now, what do you want?
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426. Permission to file
a murder indictment?
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427. Want to ask
for deniability?
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428. I told you to file?
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429. Since when do I dictate to you?
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430. You don't have a problem?
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431. It's not my problem to have.
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432. No, ma'am, I'm not a policeman.
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433. I work for
the District Attorney's Office.
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434. What do you
want to know?
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435. Is Miss Di Biasi
an RN?
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436. No, a technician.
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437. She used to be
a dancer.
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438. She told you that?
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439. We're friends,
she told me about it.
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440. She was performing with
a modern dance company.
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441. I don't know if she
made a living at it.
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442. But you do know
what happened?
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443. She was attacked
down in the subway
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444. by three,
youthful offenders.
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445. After she recovered,
she came to work here.
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446. And what was her reaction
to the attack?
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447. Same as anybody's.
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448. She was fearful,
resentful of all the little...
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449. Little what?
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450. Little black bastards?
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451. You see some black teenagers
on the train,
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452. are you automatically afraid
of them, Mrs. Maltese?
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453. Aren't you?
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454. Sometimes the
stereotype fits.
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455. Long as his story is true.
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456. Cops have shot kids
with screwdrivers before.
Copy !req
457. Why not a 90-pound woman?
Copy !req
458. How threatened
could she have been?
Copy !req
459. She sat down right next to them.
Copy !req
460. She's got a right
to sit where she wants.
Copy !req
461. So do the other passengers,
but they moved away
Copy !req
462. because it seemed prudent.
Copy !req
463. Maybe she was tired
of getting moved around
Copy !req
464. by the mugging class.
Copy !req
465. The mugging class?
Copy !req
466. What's that about?
Copy !req
467. You're an assistant
district attorney.
Copy !req
468. You work for the people.
Copy !req
469. We follow
the letter of the law here.
Copy !req
470. Go talk to Chenault.
Copy !req
471. My man tried...
scared her
Copy !req
472. maybe with a screwdriver,
Copy !req
473. but we was just
sitting there.
Copy !req
474. Cut the crap, Darnell.
Copy !req
475. You weren't sitting—
you were standing
up in her face.
Copy !req
476. Everybody says so.
Copy !req
477. I'm sitting here now, ain't I?
Copy !req
478. I'm going to be sitting
for the rest of my life.
Copy !req
479. So maybe you should
lighten up on the 'tude.
Copy !req
480. Nobody likes a wiseass
in a wheelchair.
Copy !req
481. Hey, whose side
are you on, anyway?
Copy !req
482. Nobody's.
Copy !req
483. I just want the truth.
Copy !req
484. And I want a payback, man.
Copy !req
485. Like I said, that's up to you.
Copy !req
486. All right.
Copy !req
487. All right,
we had the screwdrivers.
Copy !req
488. We were going to rob some
lockers down at Grand Central,
Copy !req
489. but we was never, ever
threatening to nobody,
Copy !req
490. especially no white... chick.
Copy !req
491. You unthreatening enough
so everybody
Copy !req
492. was way down the other end
of the train?
Except her, man.
Copy !req
493. She came in and sat down
right next to us.
Copy !req
494. Now, why do you think
that was, huh?
Copy !req
495. Even with a court order,
it'll take three working days.
Copy !req
496. I'm afraid
I can't wait.
Copy !req
497. The wheels of justice
are turning.
Copy !req
498. Don't you guys
have your own files?
Copy !req
499. Hey, you're the paper of record.
Copy !req
500. And if this were
a Greek tragedy,
Copy !req
501. I'd be guilty of hubris.
Copy !req
502. Public sentiment on my side,
witnesses on my side,
Copy !req
503. precedent on self-defense
Copy !req
504. going back to the days of
knights bashing each other
Copy !req
505. over the head with them...
Copy !req
506. those, um, now,
whatchamacallit,
Copy !req
507. those fight
balls, those...
Maces?
Copy !req
508. Maces. Thank you.
Copy !req
509. See what I mean?
Copy !req
510. Now, I am trying
not to gloat,
Copy !req
511. but what have you
got on your side, Stone?
Copy !req
512. Not very much, I agree.
Copy !req
513. Only the New
York penal law.
Copy !req
514. I don't think we have to discuss
the Sullivan statute.
Copy !req
515. Concealed weapons
have been illegal for
the past 70 years.
Copy !req
516. That code is also
pretty clear
Copy !req
517. when it comes
to self-defense,
Copy !req
518. and I'm afraid you
have not convinced me
Copy !req
519. that your client acted in a way
Copy !req
520. that was proportional
to an imminent attack.
Copy !req
521. Oh, come on.
Copy !req
522. The defendant must also
act in a way
Copy !req
523. that is thwarting the attack,
Copy !req
524. not inflicting grave injury
on the victim.
Copy !req
525. Let's get it down
to single syllables, okay?
Copy !req
526. The penal law
also clearly allows
Copy !req
527. for the use of deadly force
to repel robbery, kidnapping,
Copy !req
528. forcible sodomy,
Copy !req
529. and/or forcible rape.
Copy !req
530. I don't see anything
forcible about it;
Copy !req
531. he was only asking.
Copy !req
532. What kind of piggish attitude
is that, Counselor?
Copy !req
533. Are you suggesting
that my client
Copy !req
534. was asking for it?
Copy !req
535. Miss Green, this is not
a personal attack,
Copy !req
536. nor an attack upon the species.
Copy !req
537. The fact is, there may have been
some degree of threat,
Copy !req
538. but where that becomes
attempted rape is a fine line.
Copy !req
539. Which all too many women of this
city have been pushed across
Copy !req
540. while they've been wondering,
Copy !req
541. "Is this really
happening to me?"
Copy !req
542. The law is our
only defense
Copy !req
543. against the rapists
and the shooters.
Copy !req
544. People break it,
cops try to catch them,
Copy !req
545. and I try to cook them—
it's my job.
Copy !req
546. Sometimes I don't like it,
but it's all we got.
Copy !req
547. Yeah.
Copy !req
548. See you in court, Stone.
Copy !req
549. Laura D-I-B,
as in boy, I-A.
Copy !req
550. Uh...
Copy !req
551. Letter to the editor?
Copy !req
552. That's all you got?
Copy !req
553. That's it.
Copy !req
554. I owe you one.
Copy !req
555. "The police seemed to
treat this vicious attack
Copy !req
556. "as just one of
those things.
Copy !req
557. "The authorities
don't want decent people
Copy !req
558. "carrying weapons
to protect themselves.
Copy !req
559. "We agree to give up
this right
Copy !req
560. "on the assumption the police
will do the protecting for us.
Copy !req
561. "Obviously, this is
no longer the case.
Copy !req
562. Laura Di Biasi,
New York City."
Copy !req
563. The seeds of premeditation,
way to go.
Copy !req
564. Yes?
Copy !req
565. Sergeant Greevey
and Detective Logan are here.
Copy !req
566. Send them in.
Copy !req
567. Get a search warrant
for her apartment.
Copy !req
568. There may be other letters.
Copy !req
569. Some people keep copies.
Copy !req
570. Want to run through it?
Copy !req
571. Sure.
Copy !req
572. Now, Detective Greevey,
describe for the court
Copy !req
573. if you will,
the accused's state of mind
Copy !req
574. when you questioned her.
Copy !req
575. She was upset.
Copy !req
576. She said she intended
to blow their heads off,
Copy !req
577. if necessary.
Copy !req
578. Was that a question?
Copy !req
579. Are we in the same room, Max?
Copy !req
580. Look, we both know
what went down.
Copy !req
581. She was scared half
out of her wits
Copy !req
582. by those two perps.
Copy !req
583. Victims, Max! Victims!
Copy !req
584. What's going on?
Copy !req
585. Meaning what?
Copy !req
586. You were gung-ho
about this before.
Copy !req
587. What's happened?
Copy !req
588. Michael Jones,
the dead victim?
Copy !req
589. the one the computer
boys said was so clean
Copy !req
590. you could eat
off of him?
Copy !req
591. Yeah?
Copy !req
592. The coroner sent out
his fingerprints
Copy !req
593. on a hunch, just to see what...
you know, for the hell of it.
Copy !req
594. Turns out
his real name's Michael Mosket.
Copy !req
595. Whoa, Mosquito Mosket?
Copy !req
596. Yeah, ring a bell?
Copy !req
597. Attempted murder,
negligent homicide.
Copy !req
598. Two years at Spofford
when he was 14 for manslaughter.
Copy !req
599. Real winner, this kid.
Copy !req
600. This is really going to win us
points with the jury.
Yeah.
Copy !req
601. They take one look
at him, they figure
the little bastard
Copy !req
602. got just what he deserved.
Copy !req
603. That's how you figure it, Max?
Copy !req
604. Well, I remember Mosket;
that was all gang-related.
Copy !req
605. There was no sex involved.
Copy !req
606. Now, as far
as I read it,
Copy !req
607. that girl was revenging
the earlier attack,
Copy !req
608. and self-defense
does not allow for revenge!
Copy !req
609. The law allowed Michael Mosket
to walk free.
Copy !req
610. Until real justice
was served down in the subway?
Copy !req
611. Do you have any other
personal views on this subject
Copy !req
612. you'd like to air
before we walk into court
Copy !req
613. and Ms. Shambala Green
hands us our asses on a platter?
Copy !req
614. Nope, not a one.
Copy !req
615. I don't believe this.
Copy !req
616. The entire New York City
Police Department
Copy !req
617. has lost its mind.
Copy !req
618. Do you have anything to say?
Copy !req
619. I go along
with what my partner says.
Copy !req
620. Which is?
Copy !req
621. The accused stated
that she intended
Copy !req
622. to harm the victims, absolutely.
Copy !req
623. The defense will prove
that not only fear, but anger,
Copy !req
624. stemming from
a previous incident
Copy !req
625. lead Miss Di Biasi to an act
Copy !req
626. not of self-defense,
but of vengeance.
Copy !req
627. Armed with a deadly weapon,
Copy !req
628. she waited
for the very next pretext.
Copy !req
629. In essence, she went looking
Copy !req
630. for Darnell Chenault
and Michael Jones,
Copy !req
631. whose only offense
against the accused
Copy !req
632. was that they appeared
to be threatening.
Copy !req
633. If Miss Di Biasi
is so threatened by urban life,
Copy !req
634. perhaps she could have avoided
the subway.
Copy !req
635. Objection!
Objection, Your Honor.
Copy !req
636. I trust
there'll be nothing further
Copy !req
637. along that line, Counselor.
Copy !req
638. Of course,
I'm more than willing
Copy !req
639. to make a statement.
Copy !req
640. The behavior of the prosecution
is totally inappropriate.
Copy !req
641. I find it incredible
Copy !req
642. that a city civil servant
of this city could suggest
Copy !req
643. that a woman doesn't have
the right
Copy !req
644. to ride the subway without fear.
Mr. Stone...
Copy !req
645. did you mean to say
that Laura Di Biasi
Copy !req
646. has no right to live
in New York City?
Copy !req
647. You're being a bit literal,
aren't you?
Copy !req
648. I don't think so.
Copy !req
649. I think your implication
was pretty clear.
Copy !req
650. If a woman is afraid of rape,
she has no right to live here.
Copy !req
651. Now, that's a curious position
to take for a prosecutor.
Copy !req
652. Ballet books, poetry...
Copy !req
653. a couple of how-to
books on achieving orgasm.
Copy !req
654. Oh, great. Now, what?
Copy !req
655. Did you find anything
incriminating?
Copy !req
656. Small arms manual,
Shoot to Kill,
Copy !req
657. Hand-to-hand Combat.
So?
Copy !req
658. Unusual bedtime stories.
Copy !req
659. That's my business!
Copy !req
660. I assume you have a warrant?
Copy !req
661. Save it.
Copy !req
662. Excuse me.
Copy !req
663. I'm sorry to bother you,
I really am.
Copy !req
664. I know you're going
through a tough...
Copy !req
665. Yeah, right, you know.
Copy !req
666. I haven't slept
a full hour
Copy !req
667. since this whole
thing started.
Copy !req
668. Yeah.
Look, I should be going,
Copy !req
669. and I'm sorry,
but I have to take these.
Copy !req
670. It's not enough
you hang me,
Copy !req
671. I have to buy you
the rope, too, huh?
Copy !req
672. What have you got against me?
Copy !req
673. I'm sorry?
Copy !req
674. I don't understand
why you hate me.
Copy !req
675. Look, I'm not free to dis...
Copy !req
676. I don't. Of course, I don't.
Copy !req
677. Then why are you...
Copy !req
678. We really shouldn't be having
this conversation Miss Di Biasi.
Copy !req
679. I wouldn't shoot you!
Copy !req
680. Don't you understand?
Copy !req
681. It all became unreal.
Copy !req
682. It wasn't happening to me.
Copy !req
683. All I could feel was fear.
Copy !req
684. I was afraid of them.
Copy !req
685. I was terrified!
Copy !req
686. Not because
they were black,
Copy !req
687. but because of who they were.
Copy !req
688. I didn't mean to kill him.
Copy !req
689. I couldn't
make it stop.
Copy !req
690. They wouldn't... it wouldn't...
Copy !req
691. Please, that's enough.
Copy !req
692. What if you were on a train,
Copy !req
693. and a bunch of rednecks
started hassling you?
Copy !req
694. Wouldn't you be afraid?
Copy !req
695. Wouldn't you?
Copy !req
696. Miss Di Biasi, please.
Copy !req
697. I'm sorry, I can't comment.
Copy !req
698. I can't stay.
Copy !req
699. I came by to give you my
unconditional support, only...
Copy !req
700. Number one, tone it down
a little.
Copy !req
701. Number two,
try a little damage control.
Copy !req
702. PR is not my job.
Copy !req
703. You seen the papers?
Copy !req
704. The DA, she was looking for it.
Copy !req
705. They're having
a field day out there.
Copy !req
706. I can't help that.
Copy !req
707. Our whole strategy
Copy !req
708. is sandbagging
the self-defense scenario.
Copy !req
709. Even if she comes off
Copy !req
710. as a revenge-seeker
with a hair-trigger?
Copy !req
711. She pulled off five shots
in three seconds.
Excellent.
Copy !req
712. But it would be
nice, real nice
Copy !req
713. if we could have
a concrete piece
of evidence
Copy !req
714. to support your revenge theory.
Copy !req
715. D.A. Schiff, Paul.
Copy !req
716. Shoot to Kill?
Copy !req
717. Damage control.
Copy !req
718. I found all this in her bedroom.
Copy !req
719. Check the dates.
Copy !req
720. The first one
was six months ago.
Copy !req
721. She's improving.
Copy !req
722. Wow.
Copy !req
723. What were the extent
of those injuries?
Copy !req
724. They were
fairly extensive.
Copy !req
725. Could you describe them for me?
Copy !req
726. They were tall, muscular.
Copy !req
727. One had an afro with a goatee.
Copy !req
728. No, no,
Miss Di Biasi,
Copy !req
729. I'll rephrase.
Copy !req
730. Could you please explain
and describe for the court
Copy !req
731. the injuries?
Copy !req
732. Oh.
Copy !req
733. I had a shattered disc
in my back,
Copy !req
734. some broken ribs,
Copy !req
735. torn cartilage
in the right knee.
Copy !req
736. And these injuries required
several operations didn't they?
Copy !req
737. Yes, several.
Three?
Copy !req
738. Five?
Copy !req
739. Four, I think.
Copy !req
740. Five.
Copy !req
741. I don't know.
Copy !req
742. They hurt me. Isn't that enough?
Copy !req
743. Yes, of course.
Copy !req
744. And no one blames you
for being resentful.
Copy !req
745. These injuries finished you
as a dancer,
Copy !req
746. didn't they?
Copy !req
747. Yes.
Copy !req
748. Does that seem fair to you?
Copy !req
749. I object, Your Honor.
What's the relevancy?
Copy !req
750. I'll allow it.
Copy !req
751. No.
Copy !req
752. No, it wasn't fair.
Copy !req
753. I think it's
grossly unfair.
Copy !req
754. I'm sure if I were
in your position,
Copy !req
755. I'd carry
a nine-millimeter, too.
Copy !req
756. Objection!
Withdrawn.
Copy !req
757. Miss Di Biasi,
Copy !req
758. in your dreams,
in your fantasies,
Copy !req
759. did you ever wish
Copy !req
760. you'd gotten back
at those youths?
Copy !req
761. Objection! Objection!
Copy !req
762. Your Honor,
this is unbelievable.
Copy !req
763. She was defending herself
Copy !req
764. against a man who's been
accused of multiple homicides.
Copy !req
765. Mr. Mosket's priors have
no bearing on this case, Judge,
Copy !req
766. nor of course, could she have
known about them.
Copy !req
767. Overruled.
Copy !req
768. Besides, he wasn't
the only threat, was he?
Copy !req
769. Who else did you
find threatening
Copy !req
770. Miss Di Biasi?
Copy !req
771. Mr. Chenault?
Copy !req
772. What exactly
did he say?
Copy !req
773. He said...
Copy !req
774. "How about a taste
for my friend?"
Copy !req
775. Which you took
as an overture to rape?
Copy !req
776. He was crowding me;
he was right up against me.
Copy !req
777. Who, Mr. Chenault?
Mr. Mosket?
Copy !req
778. Both of them?
Copy !req
779. Yes. No. I don't know.
Copy !req
780. At least one.
Copy !req
781. And you tried to get away?
Copy !req
782. Yes. Of course.
Copy !req
783. The second time, too?
Copy !req
784. Yes.
Copy !req
785. That's why you shot him
the second time, to get away?
Copy !req
786. Objection, Your Honor.
Copy !req
787. Why did you shoot
Darnell Chenault
Copy !req
788. a second time, Miss Di Biasi?
Copy !req
789. I was petrified.
Copy !req
790. I wanted to make sure.
Copy !req
791. So you said,
"Here's your taste"?
Copy !req
792. You said, "Here's your taste."
Copy !req
793. Sounds rather cool.
Copy !req
794. Miss Di Biasi, you say
you didn't have time to think.
Copy !req
795. Nor should anyone
be required to think
Copy !req
796. when faced
with grave bodily harm.
Copy !req
797. The human response
Copy !req
798. is not to think,
but to react.
Copy !req
799. Miss Green, get on with it.
Copy !req
800. "Detached reflection
cannot be demanded
Copy !req
801. in the presence
of an uplifted knife."
Copy !req
802. Or screwdriver.
Copy !req
803. Objection, Your Honor,
this has no bearing
Copy !req
804. on why Miss Di Biasi
was waiting...
Copy !req
805. This has all the bearing
in the world,
Copy !req
806. a lot more bearing
than the Jesuitical casuistry
Copy !req
807. offered by
the district attorney.
Copy !req
808. May we approach the bench,
Your Honor?
Copy !req
809. If you can be brief.
Copy !req
810. Your Honor,
the speed of the events
Copy !req
811. the time frame
of my client's reaction
Copy !req
812. is crucial to my defense.
Copy !req
813. I'd like permission
Copy !req
814. to stage a demonstration
of the incident.
Copy !req
815. If it please the court.
Copy !req
816. Isn't this enough
of a circus, Your Honor?
Copy !req
817. I'll decide that.
Copy !req
818. All right,
but I warn you, Miss Green,
Copy !req
819. I don't want to see
any undue theatrics.
Copy !req
820. Thank you, Your Honor.
Copy !req
821. Ladies and gentlemen,
the court has agreed
Copy !req
822. to allow the defense
Copy !req
823. to stage a reenactment
of the occurrence in question.
Copy !req
824. Crimestoppers! Your Honor,
these people are on record
Copy !req
825. as supporting the
vigilante tactics...
Copy !req
826. If that's an objection,
Copy !req
827. you're overruled.
Copy !req
828. Proceed, Miss Green.
Copy !req
829. How about
a taste, baby?
Copy !req
830. Oh, man.
Copy !req
831. What the homeboys doing
Copy !req
832. narcing for the
white folks?
Copy !req
833. Order! Order!
Copy !req
834. Huh! Come on, punks!
Copy !req
835. Get over here! Come on!
Copy !req
836. Bunch of queers!
Copy !req
837. Order! Order!
Copy !req
838. If the Crimestoppers
didn't do it,
Copy !req
839. Darnell sure as hell did.
Copy !req
840. How much worse can it get?
Copy !req
841. Not much— I want you up there
for the rest of the day.
Copy !req
842. What, an antidote
to brother Darnell?
Copy !req
843. The name on
everyone's lips.
Copy !req
844. I got a woman
down the hall
Copy !req
845. who can't stop
talking about him.
Copy !req
846. I'll sign a complaint,
point the finger,
Copy !req
847. you name it.
Copy !req
848. You recognized Mr. Chenault how,
from seeing him on the news?
Copy !req
849. Mm-hmm, that's right.
Copy !req
850. And, uh, the other one...
the one that died.
Copy !req
851. Mosquito Mosket.
Copy !req
852. Mm-hmm.
Copy !req
853. Yeah. Too bad.
Copy !req
854. I mean, he's...
Copy !req
855. he's the one
that tried to rape me.
Copy !req
856. That I'm sure of.
Copy !req
857. And I'm pretty sure
Copy !req
858. the guy in the wheelchair
held me down.
Copy !req
859. How sure is pretty
sure, Miss Diamond?
Copy !req
860. Like I said, I'm positive
of the one that died.
Copy !req
861. Adam, I need to
twist Darnell.
Copy !req
862. I need your permission.
Copy !req
863. Yeah, what are you
talking about?
Copy !req
864. Well, there's a woman
right now with Stevenson,
Copy !req
865. swearing out a complaint
about Chenault.
Copy !req
866. What's that got to do
with anything?
Copy !req
867. Well, maybe nothing,
maybe everything,
Copy !req
868. but if those two are rape-
happy, I want to know that
Copy !req
869. before I go tearing
into Laura Di Biasi again.
Copy !req
870. Can't anyone around here
Copy !req
871. stay on the same side
of the street for ten seconds?
Copy !req
872. Well?
Copy !req
873. If we change our tune now,
Copy !req
874. we're facing
a public relations disaster.
Copy !req
875. I know that, you don't
have to tell me that.
Copy !req
876. I know that.
Copy !req
877. But if I don't listen
to my reasonable doubt...
Copy !req
878. I thought Mosket was
a gang member, violent,
Copy !req
879. but no history
of sexual crimes.
Copy !req
880. But with what
I know now,
Copy !req
881. the defendant's perceptions
may be accurate.
Copy !req
882. I can't prosecute
on that level.
Copy !req
883. All right, fine, but
we've got to consider...
Copy !req
884. I won't do it.
Copy !req
885. What the hell.
Go for it.
Copy !req
886. I'll ask Leon
for a continuance.
Copy !req
887. Damn, cuz, slow down!
Copy !req
888. What do you want, man?
The truth.
Copy !req
889. Look, I was
sitting down, man
Copy !req
890. just like I'm
sitting down now.
Copy !req
891. I didn't even
move a muscle.
Copy !req
892. Damn, man,
Mosquito's the one
Copy !req
893. who's into biting
on white chicks.
Copy !req
894. This is rather unbelievable,
Mr. Stone.
Copy !req
895. The defense has an obligation
to defend its client
Copy !req
896. vigorously, even if it does know
the client is guilty.
Copy !req
897. The prosecutor's job
is much more restrictive.
Copy !req
898. I have to drop the charges
Copy !req
899. if I believe
the accused is innocent,
Copy !req
900. and with the new information
on Mosket, I have no choice.
Copy !req
901. There is reasonable doubt
on murder two.
Copy !req
902. So what are
you looking for?
Copy !req
903. That she pleads
on the gun charge
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904. and the reckless endangerment.
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905. Chenault was shot
sitting down
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906. according to an eyewitness.
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907. Miss Green?
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908. Forget it, Judge.
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909. Mr. Stone is hardly
in a position to negotiate.
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910. Why don't we just
go back in there,
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911. tell the jury
the truth about Mosket,
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912. and let them decide how
to deal with my client?
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913. You are a public defender.
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914. Try defending the public.
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915. If this goes to a jury,
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916. they won't convict
on a gun charge.
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917. She's innocent.
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918. Miss Laura Di Biasi
is not innocent
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919. of carrying and discharging
a lethal weapon
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920. in a closed and
crowded subway car.
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921. And if we acquit her
on this,
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922. we will be inviting
nine million people
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923. to arm themselves.
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924. This is not a question
of win or lose.
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925. It's a question of justice.
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926. We're both paid by the people.
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927. We're both part of the system.
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928. Let's let it work
the way it's supposed to.
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929. Are you flexible on sentencing
for the Sullivan violation?
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930. One year suspended,
three years probation
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931. 2,000 hours of community service
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932. on the Sullivan.
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933. Five years suspended
on the reckless endangerment.
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934. Plus, she must submit
to a psyche profile test
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935. and whatever care mandated
by the hospital
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936. during probation.
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937. Deal?
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938. Naturally, my client
is gratified
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939. that justice has been served.
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940. We also look upon this
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941. not only as a personal
vindication but also a victory
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942. for every woman
and man that rides the subways
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943. or walks the streets
of New York.
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944. And I want to thank
the district attorneys
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945. for having the courage
of their convictions.
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946. It's not a perfect world,
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947. but at least
we can walk away
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948. from this one feeling we
did the right thing.
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949. Really? It feels to me
like all we did
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950. was make a wrong
seem like a right.
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