1. In the criminal
justice system...
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2. the people are represented 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. Yo, Charlene is just too fine,
you know what I'm saying, man?
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7. What you been smoking, jack?
Charlene is a fine canine, that's what.
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8. Don't be going dissing my
lady, you know what I'm saying?
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9. I'm dissing your mother for
making you blind like a hydrant.
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10. What's up, 'lil
Luther? What's up?
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11. Where's Fred been hanging out?
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12. He took Queen Mary to Paris,
you know what I'm saying?
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13. When you see him, tell him
Eve's been waiting on him, all right?
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14. The Heat, man. Harold
Miner, number 32.
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15. That ain't no basketball that
they be playing there in Miami.
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16. Man, I'm talking about some
Jordan, that's what I'm talking about.
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17. You're a moron, you know
that, Luther. Damn, Jerome!
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18. Damn, man.
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19. What did you throw it over his
head for? You almost hit a window.
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20. Damon Fox, 12 years old.
Gone before we got here.
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21. Hit-and-run?
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22. All right, have someone
stay with the body.
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23. We're going to need
the clothes for Forensics.
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24. This is the headlight. Probably
domestic, looks General Motors.
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25. Judging from the body,
hit on the right side.
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26. Well, at least he buys
American. Thanks.
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27. A car with a dent in
Harlem. Piece of cake.
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28. Mike...
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29. this is the victim's friend.
His name is Luther Heywood.
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30. How are you doing, Luther?
So, did you see anything?
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31. Yeah, a white guy
in a blue Caddy.
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32. You didn't happen to get
a license plate number?
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33. He just hit Damon
and tore ass, man.
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34. Now we know it's a he.
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35. It was a Jew, man. What,
was he wearing a little hat?
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36. You don't think I know
a Jew when I see one?
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37. Thanks a lot, Luther.
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38. Peace on earth and
brotherhood to all men.
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39. Yeah, the brothers
haven't heard the news yet.
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40. I was taking tomorrow
off from work. It's...
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41. Parent-Teachers Day at school.
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42. I guess there's no need.
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43. I told him to stay inside...
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44. until I got back from the store.
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45. It's that Luther Heywood.
His mother doesn't...
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46. I'm very sorry, Mrs. Fox.
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47. Have you found the man?
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48. A hit-and-run case, it's
not always that simple.
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49. Problem is we only have a
vague description of the driver.
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50. What's a white man
doing up there, anyway?
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51. Lieutenant, there's a Reverend
Ott here. He says he's with Mrs. Fox.
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52. Mary.
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53. They haven't found him yet.
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54. Things like this
take time, Reverend.
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55. May I ask, how many men do
you have assigned to this case?
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56. Detectives Briscoe and Logan are
running point on the investigation.
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57. Two men? I can see
this isn't a high priority.
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58. We're doing the best
with what we have, sir.
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59. Well, maybe it's not quite good
enough, if I'm bringing in eyewitnesses.
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60. Evelyn.
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61. He drove right by me.
It was a blue Cadillac.
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62. Did you see the license plate?
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63. Part of it. It was 2XQR.
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64. Thank you.
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65. Evelyn, Mary.
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66. Can I assume that you'll
get to this before lunch?
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67. Sure, right after we have
a couple of doughnuts.
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68. Van Buren.
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69. Okay.
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70. You'll keep us informed.
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71. There's a Mr. Joshua Berger
and his attorney in Interview One.
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72. Let's talk to him.
Before the doughnuts.
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73. I don't know.
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74. I've been driving in this city for 40
years. I've never had anything like this.
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75. Why don't you just tell us
what happened, Mr. Berger?
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76. I was at our warehouse,
up in the Bronx.
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77. I was supposed to meet my
wife at The Palm for lunch.
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78. It was our anniversary.
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79. Well, The Palm
is on 44th Street...
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80. so what were you
doing in Harlem?
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81. Traffic on the FDR is bad
enough at that hour of the day.
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82. Then a water main
breaks. I got off at 125th.
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83. I swear the kid
came out of nowhere.
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84. How fast were you going?
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85. I don't know, 30, maybe
35. I was not speeding.
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86. Is he all right?
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87. Oh, my God.
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88. Mr. Berger called my office
immediately. I was in court all day.
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89. He wanted to turn himself in. He
just wanted to speak with me first.
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90. If your client is such an upstanding
citizen, why did he leave the scene?
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91. Let me ask you.
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92. You just ran over a
black boy in Harlem.
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93. Are you going to hang around?
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94. Well, I understand
what you're saying...
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95. but obviously you can't hit
somebody and just ride off.
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96. I know that! That was
wrong. I was scared.
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97. That's why I'm here now.
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98. We're willing to plead nolo
contendre to leaving the scene.
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99. But that is the extent of
Mr. Berger's wrongdoing.
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100. We don't do pleas here.
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101. What, am I under arrest?
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102. Make yourself comfortable
until the DA gets here.
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103. Two people, wrong place,
wrong time. Look at this.
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104. Your driver may have
hit the brakes sooner...
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105. but this is where
he locks them up.
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106. By this point, the car
is in a full-blown skid.
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107. Well, if I read the
skid marks right...
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108. he hit the breaks way
before he made contact.
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109. Nice to know he wasn't
gunning for the kid.
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110. So, how fast was
he going, Marks?
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111. By comparing the coefficient of
friction to the gross vehicular weight...
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112. he's doing 20, maybe 25.
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113. Any give in these numbers?
Well, nothing's perfect.
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114. Change the tire pressure
a few pounds either way...
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115. you get a whole
new set of equations.
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116. So, in your expert opinion?
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117. Berger did nothing wrong.
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118. I'll talk to his
lawyer about a plea.
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119. What do you think?
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120. Suspended license. 100
hours of community service.
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121. What do you mean you found
the man, but you didn't arrest him?
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122. Mr. Berger has pled
to leaving the scene.
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123. Mr. Berger? I see.
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124. A fine, upstanding Jewish
citizen would never lie to the police.
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125. The fact that Mr. Berger is
Jewish has nothing to do with it.
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126. Our accident reconstruction technician
concluded that Mr. Berger wasn't speeding.
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127. And of what religious
persuasion is he, may I ask?
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128. Yeah, that's right, Reverend.
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129. There's this great Jewish conspiracy
to knock off the black man one by one.
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130. That's why they all drive big
Cadillacs, so they can't miss.
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131. Well, that's it. Another 12-year-old
black boy is dead. Close the file.
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132. Hell. Living up in Harlem, he
probably wouldn't have lasted...
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133. till his 13th birthday anyway.
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134. The Jew did him a favor.
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135. Why don't we give
him the key to the city?
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136. Look, Reverend. Nobody,
and I'm talking man of God...
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137. or garbage man,
walks in my office...
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138. and accuses my officers of
giving anybody special treatment.
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139. Now, I think you'd better go.
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140. You know what gets me? Jesse
Jackson talking about "Hymietown"...
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141. Farrakhan yelling about how the
Jews are keeping his people down.
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142. They forget who was marching with
Martin Luther King back in the '60s.
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143. Yeah, I remember
when Lindsay tried to get
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144. low-cost housing for
blacks in Forest Hills.
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145. All those liberals put their civil
rights banners in the closet real fast.
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146. Hate to ruin your dinner, but your buddy
Reverend Ott is down in Interrogation One.
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147. He says he's got
another eyewitness.
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148. You mind if I...
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149. We didn't even discuss the
Italians. Go crazy, Profaci.
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150. I was looking out of my
window when it happened.
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151. Just tell us what
you saw, Bobby.
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152. I saw the little brothers,
they was playing some ball.
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153. You're talking about Damon
Fox and Luther Heywood?
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154. That's right.
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155. And the ball goes flying
over Damon's head.
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156. And Damon flies
after it into the street.
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157. It wasn't like that. I mean, he
wasn't in no hurry or anything.
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158. And there were no cars coming.
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159. Then, boom! The Jew in the blue
Caddy comes flying out of nowhere.
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160. Must've been going 50.
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161. He's going 50 on a New York
City street in the middle of the day?
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162. You know what I think? I
think you're full of crap, Bobby.
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163. Ain't that for the jury to decide,
man? Look, I know what I saw.
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164. That should be sufficient for
an indictment. If you believe him.
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165. Oh, so you'd rather believe
the word of two white detectives.
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166. No, I believe the scientists
in our Forensics lab.
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167. So, you're just going to
ignore eyewitness testimony?
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168. You really think the only way to get
justice is through lying and cheating?
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169. If it does produce
justice, yes, I do.
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170. It's happened before.
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171. The forensic evidence
contradicts an eyewitness account.
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172. How credible is this eyewitness?
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173. It depends on what
part of town you live in.
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174. You suspect he
fabricated his story?
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175. I suspect he had
a little coaching.
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176. Let me guess, the Reverend Ott.
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177. He's called six times
since yesterday.
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178. Not your biggest
fan, Lieutenant.
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179. Look, maybe another expert looks at
the evidence, draws a different conclusion.
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180. I don't want to tell you what to
do, but like they say, every action...
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181. Thank you, Lieutenant.
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182. I want to book a large block
of time with the grand jury.
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183. You want a grand jury for a witness
that the police don't even believe?
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184. Even if we get an indictment, the defense
would call our forensics expert at trial.
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185. We'd never get a conviction.
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186. This could turn into the
city's worst nightmare.
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187. I want us to be cleaner
here than Caesar's wife.
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188. Yes, I was in a hurry.
I was meeting my wife.
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189. But speeding on a city street?
I have more sense than that.
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190. Sir, an eyewitness already
testified that he saw your car...
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191. moving south on Lenox
at 50 miles an hour.
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192. Look. I lived in
this city all my life.
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193. I seen cars go through red lights, come
out of driveways without any warning.
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194. I've seen little children run out
into the street without looking.
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195. I know better than to
drive 50 miles an hour.
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196. Why did you leave the
scene of an accident, sir?
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197. I have three children of my own.
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198. Five grandchildren.
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199. I can't even imagine the pain
that that woman is going through.
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200. You haven't answered
the question, sir.
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201. I was alone. I was in Harlem.
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202. I was scared.
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203. I've never seen a grand jury
refuse to indict that quickly.
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204. As long as we dotted
the I's and crossed the t's.
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205. What are you talking about... The
new white mayor wants it clear...
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206. that this office treats
everyone equally under the law.
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207. He pled to leaving the
scene. He'll be punished.
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208. A suspended license and 100 hours
picking up cigar butts in Central Park...
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209. isn't exactly what His
Honor had in mind.
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210. Wait until you see
what's going on.
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211. Reports of injury
are unavailable.
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212. Following the
Reverend Ott's address...
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213. lambasting the DA's office
for not bringing charges...
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214. against the man accused of
killing 12-year-old Damon Fox...
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215. the city has
erupted in violence.
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216. Excuse me, fellows. Excuse me.
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217. Barnes, what do you got?
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218. Guy's name is John De Santis.
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219. By the time the ambulance got
through the crowd, he was history.
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220. Any arrests? Did you see
what it was like down here?
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221. Means no witnesses.
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222. Well, the guy's
wife was in the car...
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223. but I'm not sure how
much help she's gonna be.
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224. They just loaded her into an
ambulance. I think she's in shock.
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225. It would have been much worse if
that guy hadn't pulled her from the car.
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226. His name is Graves. Thanks.
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227. John De Santis.
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228. Blame it on the Jews, sometimes
you get an Italian by mistake.
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229. Mr. Graves? I'm Det.
Logan. This is Det. Briscoe.
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230. Now, can you tell
us what you saw?
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231. They were screaming,
"Get the Jew! Get the Jew!"
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232. We hear they would have gotten
his wife, too, if it wasn't for you.
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233. Did you know any
of those people?
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234. Yeah, right, it's a secret
club. We all know each other.
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235. That's not what I meant.
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236. A black boy at the scene of
a riot. Must be up to no good.
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237. I was on my way to Sam Goody's
to pick up a couple of CDs...
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238. for my daughter's birthday. They
was beating the crap out of that man.
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239. The guy from the news was filming the
damn thing. Somebody had to help her.
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240. Would you be able to
recognize any faces?
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241. Yeah. A white lady who just
saw her husband's skull bashed in.
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242. I saw Johnny at his
office. I met him there.
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243. He's a lawyer at
landlord-tenant court.
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244. We were going home early.
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245. We're trying to have a baby.
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246. They took my purse.
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247. How am I going to
get into the apartment?
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248. Mrs. De Santis.
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249. Did you get a look
at the man who...
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250. They were all over the car.
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251. We thought they were
going to flip us over.
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252. He was young,
maybe 20 years old.
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253. Tall.
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254. Do you think there's any chance?
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255. Maybe if you could
look at some pictures.
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256. Haven't shot stuff
this good since Nam.
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257. Any idea how hard it is
to get this kind of quality?
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258. Hello, Pulitzer.
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259. You want to slow
it down a little?
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260. Yeah.
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261. There's your man.
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262. Great, now all we need is the mug
book with all the back-of-the-neck shots.
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263. Sorry, that's as good as it
gets. Your boy is camera shy.
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264. Yeah, but this one has
got a bird's-eye view.
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265. Can you push it up a few frames?
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266. There.
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267. What's that on his cap,
Lennie? You see it? S-Y-D?
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268. Some kind of a logo.
I can't make it out.
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269. Maybe he works in a candy store,
a butcher shop, a hardware store...
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270. No, it looks like
a gas station cap.
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271. Can we get a blowup of that?
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272. Take 15 minutes.
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273. Yeah, we'll wait.
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274. One of the kids from
the picture looks like...
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275. he was wearing a
hat from a gas station.
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276. Yeah, we checked every
station above 106th Street.
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277. Nothing? Well,
sometimes fliers pan out.
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278. The problem is no one up
there is sorry this guy got killed.
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279. I mean, we're not
getting much cooperation.
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280. Maybe I should give this
to a couple of black cops.
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281. You know what I meant.
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282. Anyway, we got all the computer geeks
pulling yellows on everybody named Syd.
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283. You know the kid's
name? No, it was on his hat.
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284. Let me see the picture.
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285. Tell the geeks to kill
the power on the PC.
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286. Well, do you want
to give us a hint?
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287. Black cops would have
known. Syd's Sneaker World.
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288. 129th and Lexington.
Air-Jordans, 50% off.
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289. You recognize this kid?
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290. Don't bother to lie. Hey, you!
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291. Mike.
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292. Get those cuffs.
You're under arrest.
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293. You have the right
to remain silent.
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294. Anything you do say...
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295. Give me your arm! can
and will be used against you.
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296. Johnson, Daryl. 19.
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297. Couple of misdemeanors. Here
we go, assault one, robbery one.
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298. Kid's smart, he'll cop a plea...
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299. before Clinton passes his
three strikes and you're out.
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300. Well, since Mike already kicked
his butt, this one's yours, Lennie.
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301. Be gentle. Ain't I always?
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302. Well, hiya, Daryl.
Here, let me get those.
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303. There you go.
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304. I get popcorn with this show?
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305. Now, the law says you have
the right to an attorney, Daryl.
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306. Yeah, right.
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307. How many years they go to school to learn
to say, "Keep your mouth shut, Daryl"?
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308. Well, the law says
you have that right.
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309. I got the ticket, man.
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310. I call the lawyer, then
you and me, we can't talk.
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311. Then the DA fries my butt
for something I didn't do.
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312. Except we know you were there,
Daryl. They caught you on TV.
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313. Don't you watch the news?
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314. That don't even
look like me, man.
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315. Oh, yeah, they
tried that one in LA.
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316. Worked, didn't it?
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317. Daryl, we're the good guys here.
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318. See, we don't really give a
damn about these people...
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319. looting and busting
up people's cars.
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320. That's not our department.
We're in homicide.
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321. So?
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322. So, your friend there is
"homiciding" somebody.
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323. He ain't my friend.
Yeah, well that's too bad.
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324. Because if you could
have told us who he is...
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325. we wouldn't have to
charge you with murder.
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326. I told you, I
didn't kill nobody.
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327. Yeah, but the jury has to
blame somebody, Daryl.
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328. And you're standing right there.
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329. The smart move
would be to trade up.
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330. Now, in case you lost your
sense of direction, he's up.
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331. You don't tell Isaac
it was me, all right?
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332. You know where he lives?
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333. With his grandma.
On 128th and Lenox.
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334. Upstairs from the Lotto.
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335. Maybe I better
call my lawyer now.
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336. Police officers! Open up!
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337. Open it up! Do it now!
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338. What in the world is going on?
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339. We have a warrant for
the arrest of Isaac Roberts.
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340. He isn't here. You
know where he is?
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341. Your grandson, ma'am,
is wanted for murder.
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342. No, you don't know him.
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343. Please.
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344. My Isaac would never
do anything like that.
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345. I know my grandchild. Ma'am!
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346. We're going to have to ask you to
come down to the precinct, okay?
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347. Let me get my coat.
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348. Damn! Why don't you
arrest us all while you're at it?
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349. A little dramatic,
isn't it, Counselor?
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350. Dragging a 54-year-old
grandmother down here in a patrol car?
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351. Your client may have
committed a felony.
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352. Okay, we confess.
Mr. Muldrue at the corner store...
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353. charged Mrs. Roberts for a dozen
tomatoes and she had 13 in her bag.
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354. Corina, I knew we should've
grabbed that picture of you...
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355. out of the post
office while we could.
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356. Ms. Green, I just can't afford
to be in a laughing mood today.
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357. I'm sorry, next time I'll
bring Richard Pryor with me.
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358. Mrs. Roberts, we
have reason to believe...
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359. that your grandson
murdered an innocent man.
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360. Now, if you are concealing him, we
could charge you with conspiracy...
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361. and harboring a fugitive.
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362. If you know where Isaac is, Mrs.
Roberts, you'd be doing yourself...
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363. and your grandson a
favor by telling us now.
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364. The rest of his life in a white
man's jail? I've had better offers.
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365. Mrs. Roberts, where
is your grandson?
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366. She told you she
has nothing to say.
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367. Then you give me no choice.
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368. Mrs. Roberts, you
are under arrest.
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369. And please read her, her rights.
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370. Well, this is wonderful.
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371. Joshua Berger gets off
with a suspended license...
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372. and Corina Roberts
is on her way to Rikers.
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373. Now, what is wrong
with this picture?
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374. Mr. Berger did not
commit a felony.
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375. I have no problem
with the law, Counselor.
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376. It's the application thereof,
now that's another story.
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377. Ms. Green, I assume you have
no knowledge of his whereabouts?
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378. Always room for one more
in that cell, right, Counselor?
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379. Thirty years ago, the blacks
and the Jews and everyone else...
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380. lived in this city together.
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381. We didn't see riots
in our neighborhoods.
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382. In those days, we had Adam
Clayton Powell working the system...
Copy !req
383. not Reverend Ott destroying it.
Copy !req
384. Well, there's a reason for
the Reverend Otts of the world.
Copy !req
385. To promote anti-Semitism?
Copy !req
386. To remind us that
there's a long way to go.
Copy !req
387. That does not justify
violence in the streets, sir.
Copy !req
388. I want you to release
the Roberts woman.
Copy !req
389. By releasing her,
we condone a felony.
Copy !req
390. And by putting her in jail
we draw a line in the sand.
Copy !req
391. So you're guilty until a percentage
of the population threatens violence?
Copy !req
392. The grandson is out there.
Copy !req
393. Keep her in jail a week,
and then we'll let her go.
Copy !req
394. And if she's back in her apartment,
he'll contact her sooner than that.
Copy !req
395. Get a warrant for a wiretap.
Twenty-four hour surveillance.
Copy !req
396. They've been on her
for 48 hours. Nothing.
Copy !req
397. What about the phones?
Copy !req
398. Two calls. One to her dentist
and one to her sister in Detroit.
Copy !req
399. This may be something.
Copy !req
400. Isaac's homeboy Daryl
from the sneaker store.
Copy !req
401. His one phone call
wasn't to a shyster.
Copy !req
402. It was to a church on 112th.
Copy !req
403. Reverend Ott.
Copy !req
404. Call the DA's office. I
don't want any screwups.
Copy !req
405. A little late for
morning prayer.
Copy !req
406. Or perhaps you just
want to confess your sins.
Copy !req
407. We have a warrant to
search the premises, sir.
Copy !req
408. Mike!
Copy !req
409. Isaac Roberts,
you're under arrest.
Copy !req
410. You can hold your
breath, Detective.
Copy !req
411. I've given
Mr. Roberts sanctuary.
Copy !req
412. What the hell are
you talking about?
Copy !req
413. My attorney tells us as long
as he's in a house of God...
Copy !req
414. you can't touch him.
Copy !req
415. And while you're here, will
you please watch your mouth?
Copy !req
416. Counselor?
Copy !req
417. Keep him under surveillance
until we can sort it out.
Copy !req
418. Sanctuary?
Copy !req
419. What is this, medieval England?
Copy !req
420. You really plan to argue
this in front of a judge?
Copy !req
421. And the Appellate Division
and the Court of Appeals...
Copy !req
422. and the Supreme
Court, if necessary.
Copy !req
423. So your client is going
to stay in this church...
Copy !req
424. until your exercise in
futility is completed?
Copy !req
425. Considering the
alternative, you bet.
Copy !req
426. That is, of course...
Copy !req
427. unless you'd like to save us
all a lot of time and energy.
Copy !req
428. Well, what does that mean?
Copy !req
429. Man two, he serves the minimum.
Copy !req
430. Your client savagely killed
Mr. John De Santis on the local news.
Copy !req
431. We call that murder two.
Copy !req
432. Then clear your
calendar, Counselor...
Copy !req
433. you're going to be busy
for the next decade or so.
Copy !req
434. You've got to
admire her creativity.
Copy !req
435. Shambala Green's?
Copy !req
436. Queen of the specious motion.
Copy !req
437. She's representing her client with the
zealousness required by the canons.
Copy !req
438. And I'm sure she thinks we should
have exhibited a little more of it...
Copy !req
439. in prosecuting Joshua Berger.
Copy !req
440. You can't compare
what Joshua Berger did...
Copy !req
441. with what Isaac Roberts did.
Copy !req
442. Of course not.
Copy !req
443. But, suppose this crazy
motion actually works?
Copy !req
444. A judge buys Green's argument?
Copy !req
445. Would you drag an
innocent man out of a car...
Copy !req
446. and bash his brains in?
Copy !req
447. You know, I don't know
how I would react...
Copy !req
448. if I'd been screwed by
the system my whole life.
Copy !req
449. The concept of sanctuary...
Copy !req
450. since ancient and
medieval times...
Copy !req
451. is founded on the idea of
a religious place of refuge...
Copy !req
452. for those who have
offended civil authorities.
Copy !req
453. I want to emphasis the importance
of a church in a black community.
Copy !req
454. If Counselor could please
cite one post-medieval case?
Copy !req
455. How's 1991, Counselor?
Copy !req
456. A church right here in Manhattan
was willing to provide refuge...
Copy !req
457. to military personnel in danger
of deployment to the Middle East...
Copy !req
458. Pending the determination of their
status as conscientious objectors.
Copy !req
459. Murder is a far cry from
moral opposition to a war.
Copy !req
460. In this case, it's not. We are
talking about civil disobedience.
Copy !req
461. My client violently opposed
the inequitable treatment...
Copy !req
462. of his race under the law.
Copy !req
463. So he killed somebody?
Copy !req
464. It's a nice try,
Ms. Green, but...
Copy !req
465. being that your client is not a hunchback
ringing a bell in a Paris cathedral...
Copy !req
466. I'm denying your motion.
Copy !req
467. If I lose at trial, you've just
given me grounds for appeal.
Copy !req
468. And lucky for me, I'll be in Palm
Beach collecting social security...
Copy !req
469. if and when this nonsense
should ever return to this courtroom.
Copy !req
470. What are they doing in
there? Final confession.
Copy !req
471. I hope you know you have
violated the sanctity of our church.
Copy !req
472. That'll be 10 Hail Marys, Mike.
Copy !req
473. Excuse me, Reverend.
Copy !req
474. Isaac Roberts, you're under arrest
for the murder of John De Santis.
Copy !req
475. You have the right
to remain silent...
Copy !req
476. The Reverend says, if we
convict the Roberts kid...
Copy !req
477. this city, and I quote:
Copy !req
478. "Ain't seen nothin' yet."
Copy !req
479. He thinks he can hold
this entire city hostage?
Copy !req
480. No, only the jury.
Copy !req
481. I think the system deserves
a little more credit than that.
Copy !req
482. Right.
Copy !req
483. Remind me what happened to those
kids who beat up that truck driver in LA.
Copy !req
484. Offer her man one
with a recommendation.
Copy !req
485. And that's in the
interests of justice, sir? No.
Copy !req
486. It's in the
interests of finality.
Copy !req
487. Put an end to this, quick.
Copy !req
488. Shambala Green
will only take man two.
Copy !req
489. Well, there just might
be someone else...
Copy !req
490. who has more
influence over this boy.
Copy !req
491. How many times, Mr. Stone?
Copy !req
492. How many times does a black
man have to roll over and play dead?
Copy !req
493. Mrs. Roberts, I am not
suggesting that he roll over...
Copy !req
494. Please.
Copy !req
495. My son, Isaac's father...
Copy !req
496. was a night janitor in a
midtown office building.
Copy !req
497. There was a robbery
during his shift.
Copy !req
498. His lawyer said, "If we go to
trial, you don't have a chance."
Copy !req
499. Rickie took the deal.
Copy !req
500. That was three years ago.
Copy !req
501. This family...
Copy !req
502. has bartered
enough lives already.
Copy !req
503. Mrs. Roberts, I am
not trying your son.
Copy !req
504. I'm trying your grandson and there
is no doubt in my mind what he did.
Copy !req
505. In the future, you want to talk to
Mrs. Roberts, you talk to me first.
Copy !req
506. Shambala, do you really think
that you're doing a client a service...
Copy !req
507. by refusing to plea?
Copy !req
508. Why don't you let me determine
what's in the best interest of my client?
Copy !req
509. Thanks for coming. You saved
me the price of a messenger.
Copy !req
510. It's my notice to call Dr. Myron
Jansen as an expert to testify...
Copy !req
511. as to my client's
mental capacity.
Copy !req
512. If we learned nothing from the
riots in Los Angeles, we learned...
Copy !req
513. that peace-loving individuals can be
pushed to a point of extreme violence.
Copy !req
514. The law requires a
modicum of self-control.
Copy !req
515. Nobody is arguing with that,
in the normal course of events.
Copy !req
516. But when one's normal powers
of judgment are suspended...
Copy !req
517. Let me get this right.
Copy !req
518. You're claiming your
client was legally insane?
Copy !req
519. Your Honor,
Dr. Jansen will testify...
Copy !req
520. that individuals swept up in a riot,
can succumb to a collective frenzy...
Copy !req
521. that can minimize their ability
to distinguish right from wrong.
Copy !req
522. So, the mob is guilty,
and no individual is?
Copy !req
523. Exactly.
Copy !req
524. The scientists call
it group contagion.
Copy !req
525. I'll listen to your
expert, Ms. Green.
Copy !req
526. But I'm going to reserve
my decision on admissibility...
Copy !req
527. until after you present
your entire case.
Copy !req
528. Don't blame me for murdering
them, they were horrible parents.
Copy !req
529. And don't blame me for mutilating
my husband in his sleep, he abused me.
Copy !req
530. It's called diminished capacity.
Copy !req
531. It's called fabricating
jury sympathy.
Copy !req
532. And sympathy is part
and parcel of justice.
Copy !req
533. Right, and my sympathy is
definitely with Mrs. De Santis.
Copy !req
534. Of course it does, because
you can empathize with her.
Copy !req
535. You have no idea what
it's like to be Isaac Roberts.
Copy !req
536. To feel exploited,
to be unemployed...
Copy !req
537. to feel like you have no
opportunities in this life.
Copy !req
538. You pump enough air into a
balloon, eventually it goes pop.
Copy !req
539. So, the have-nots can
take their frustrations
Copy !req
540. out on the haves
without recrimination?
Copy !req
541. That's a hate crime.
Copy !req
542. It's been happening the
other way for centuries.
Copy !req
543. Look, maybe you did march with
Martin in the '60s, but you know what?
Copy !req
544. Hanging a picture of Bobby on your
wall just isn't going to cut it anymore.
Copy !req
545. We were just hanging out.
Copy !req
546. You and Mr. Roberts?
Copy !req
547. That's right.
Copy !req
548. And then we saw people
jumping all over the car.
Copy !req
549. And you joined them? Sure.
Copy !req
550. I didn't think anyone
was going to get hurt.
Copy !req
551. What happened next?
Copy !req
552. Isaac.
Copy !req
553. He started pounding
the guy. Did he say why?
Copy !req
554. Uh-uh.
Copy !req
555. He wasn't talking much.
Copy !req
556. Thank you.
Copy !req
557. Was there ever a time
when you heard Isaac say:
Copy !req
558. "Let's go beat up a Jew?"
Copy !req
559. No.
Copy !req
560. Was there ever a time that you saw
Isaac beat up anyone else before this?
Copy !req
561. No.
Copy !req
562. So...
Copy !req
563. would you say that he
wasn't acting like himself?
Copy !req
564. Yeah, I guess.
Copy !req
565. Man, you got to understand.
Copy !req
566. We heard what the Reverend
said, and it got us going.
Copy !req
567. Thank you.
Copy !req
568. I screamed at John, "Just step on
the gas, they'll get out of the way."
Copy !req
569. But he didn't do that?
Copy !req
570. They were all around us.
We couldn't do anything.
Copy !req
571. So what happened next?
Copy !req
572. He broke Johnny's
window with a brick.
Copy !req
573. Are you referring
to the defendant?
Copy !req
574. Yes.
Copy !req
575. Then he opened the door...
Copy !req
576. and he dragged
Johnny onto the ground...
Copy !req
577. and he just hit him...
Copy !req
578. and hit him.
Copy !req
579. Mrs. De Santis, are
you absolutely sure...
Copy !req
580. that it was the defendant
that hit your husband?
Copy !req
581. It was him.
Copy !req
582. Thank you.
Copy !req
583. There was a lot of commotion on
the street that day, isn't that correct?
Copy !req
584. Yes.
Copy !req
585. There were people
screaming? Yes.
Copy !req
586. When my client
broke the car window...
Copy !req
587. did your husband
try to talk to him?
Copy !req
588. Are you kidding? He
was like an animal.
Copy !req
589. You mean he was out of control?
Copy !req
590. We aren't even Jewish.
Copy !req
591. My husband is dead
because he had black hair.
Copy !req
592. Is that right?
Copy !req
593. No more questions.
Copy !req
594. It's basically a matter of the whole
being greater than the sum of its parts.
Copy !req
595. A crowd acts very
differently than an individual.
Copy !req
596. In other words, because
of the circumstances...
Copy !req
597. a good person
will do bad things?
Copy !req
598. Well, look at the fans at a
soccer match in England.
Copy !req
599. Hysteria invades the crowd.
Copy !req
600. Because of the
collective frenzy...
Copy !req
601. the individual has
no power to resist.
Copy !req
602. Thank you, Doctor.
Copy !req
603. Doctor, did you ever
hear the defendant say...
Copy !req
604. that he heard
voices telling him...
Copy !req
605. to kill Mr. De Santis?
Copy !req
606. As a matter of fact, he did.
Copy !req
607. He heard Reverend Ott telling him about
the substandard treatment of his people.
Copy !req
608. He heard hundreds of
voices in the crowd screaming:
Copy !req
609. "Get the Jew!"
Copy !req
610. So, in your opinion...
Copy !req
611. the defendant is not legally
responsible for killing Mr. De Santis.
Copy !req
612. That is correct.
Copy !req
613. So I assume you'd have to have
the same feeling about a crowd...
Copy !req
614. of good old boys...
Copy !req
615. a tree, a noose...
Copy !req
616. and a dead black
man in Mississippi.
Copy !req
617. Objection. Sustained.
Copy !req
618. Nothing like invoking a good
old-fashioned lynching to blind a jury.
Copy !req
619. Nothing like confusing them
with a bellyful of self-pity.
Copy !req
620. Why don't we just take
the gloves off, all right?
Copy !req
621. And stop behaving
like advocates.
Copy !req
622. He killed a man. That's a
crime. Hell, maybe it's even a sin.
Copy !req
623. But he was provoked.
Copy !req
624. Do you really believe that?
Copy !req
625. That he was provoked by a
couple of hundred hooligans?
Copy !req
626. By a couple of
centuries of hate.
Copy !req
627. Between you and me, Ben...
Copy !req
628. as a black woman, I am ashamed
of what happened on that street.
Copy !req
629. Are you?
Copy !req
630. You have a hell of
a way of showing it.
Copy !req
631. You don't get it, do you?
Copy !req
632. I don't want that
to happen again.
Copy !req
633. No, you don't get it.
Copy !req
634. By infantilizing
your own people...
Copy !req
635. you are guaranteeing
that it will happen again.
Copy !req
636. After all these years,
you really had me fooled.
Copy !req
637. I had no idea that your suit of
liberalism only came out of the closet...
Copy !req
638. when it was fashionable.
Copy !req
639. Shambala.
Copy !req
640. Just once I want someone to
stand up in this country and say...
Copy !req
641. "I did it.
Copy !req
642. "I'm responsible for my actions.
Copy !req
643. "Not my television set,
and not the color of my skin."
Copy !req
644. And if it makes you feel good...
Copy !req
645. to call me a racist.
Copy !req
646. Fine.
Copy !req
647. But if you're really looking for who is
responsible for racism these days...
Copy !req
648. take a good look in a mirror.
Copy !req
649. The Reverend
finished talking, and...
Copy !req
650. I don't know,
people were like...
Copy !req
651. crazy or something.
Copy !req
652. Tell us what happened
when you saw Mr. De Santis.
Copy !req
653. Well, there was a lot of pushing
and shoving and screaming.
Copy !req
654. I didn't know what was going on.
Copy !req
655. People were screaming:
Copy !req
656. "The Jew killed Damon."
Copy !req
657. Do you remember
breaking the car window?
Copy !req
658. No.
Copy !req
659. How about dragging
Mr. De Santis from the car?
Copy !req
660. No. Hitting him?
Copy !req
661. No.
Copy !req
662. I just remember the screaming.
Copy !req
663. Thank you.
Copy !req
664. Mr. Roberts.
Copy !req
665. Do you regret
killing Mr. De Santis?
Copy !req
666. Sure, I don't want
to see anybody dead.
Copy !req
667. What about Mr. Berger...
Copy !req
668. the man who killed Damon Fox?
Copy !req
669. A little kid gets run
down in the street...
Copy !req
670. and nothing happens
to the guy who did it.
Copy !req
671. What if it was some
white kid on Park Avenue...
Copy !req
672. and the car was
driven by a brother?
Copy !req
673. But it wasn't.
Copy !req
674. It was a Jewish
businessman up in Harlem.
Copy !req
675. He's walking the streets...
Copy !req
676. and you could go to prison
for the rest of your life.
Copy !req
677. What else is new?
Copy !req
678. They own the
banks, the buildings.
Copy !req
679. A Jew snaps his finger and
everybody comes running.
Copy !req
680. Now, is that what you
were thinking about...
Copy !req
681. when you saw Mr. De Santis?
Copy !req
682. I don't know. Maybe.
Copy !req
683. Come on.
Copy !req
684. You wanted revenge, right?
Copy !req
685. You're damn straight, I did.
Copy !req
686. So...
Copy !req
687. I guess there is
something you remember...
Copy !req
688. about the attack after all.
Copy !req
689. No more questions.
Copy !req
690. The defense calls Joshua Berger.
Copy !req
691. About what?
Copy !req
692. He was not a witness.
Copy !req
693. He can, however, testify as to
the defendant's state of mind.
Copy !req
694. I don't know where you're going, Ms.
Green but you'd better get there fast.
Copy !req
695. I'll give you time to
prepare cross, Mr. Stone.
Copy !req
696. Sir, after your grand
jury appearance...
Copy !req
697. you left the courthouse
through the rear door.
Copy !req
698. Isn't that true?
Copy !req
699. The police thought
it would be better.
Copy !req
700. And you agreed with them?
Copy !req
701. They said there was a lot of people
out front, they might cause trouble.
Copy !req
702. Who might cause trouble?
Copy !req
703. Are you talking
about blacks, sir?
Copy !req
704. I said "people," Ms. Green.
Copy !req
705. Sir, isn't it true
that your excuse...
Copy !req
706. for leaving the scene of the
accident was that you were scared?
Copy !req
707. I panicked. Because
you were in Harlem.
Copy !req
708. You're scared of blacks,
isn't that right, Mr. Berger?
Copy !req
709. I am not a racist.
Copy !req
710. You're not only scared of them,
you hate them, isn't that true?
Copy !req
711. Look.
Copy !req
712. Any middle-aged white person...
Copy !req
713. Jew, Baptist,
atheist, whatever...
Copy !req
714. who says that he's
not frightened...
Copy !req
715. no, make that terrified...
Copy !req
716. to find himself alone
on a city street...
Copy !req
717. being followed by two
or three black teenagers...
Copy !req
718. is a liar.
Copy !req
719. Oh, I see.
Copy !req
720. So you only hate some blacks.
Copy !req
721. One-on-one, you
don't mind blacks...
Copy !req
722. but more than two of
them together scare you.
Copy !req
723. Do you read about Jewish
teenagers carrying guns...
Copy !req
724. and selling crack
on street corners?
Copy !req
725. So, Bugsy Siegel and Meyer
Lansky didn't do anything wrong...
Copy !req
726. until they were in their 20s?
Copy !req
727. I'm sorry to disillusion
you, Mr. Berger...
Copy !req
728. but you are a racist. Objection.
Copy !req
729. Sustained. Can you blame
my client for being angry?
Copy !req
730. In my chambers.
Copy !req
731. As soon as this is
over, Ms. Green...
Copy !req
732. you can expect a briefcase
full of sanctions to hit your desk.
Copy !req
733. I was only trying to...
Copy !req
734. To offer irrelevant evidence in
order to inflame and prejudice a jury.
Copy !req
735. Now we'll be lucky if this jury
doesn't throw Berger in jail.
Copy !req
736. I assume, Your Honor, that
you will instruct the jury...
Copy !req
737. to disregard Mr. Berger's
testimony entirely.
Copy !req
738. I'll do you one
better, Mr. Stone.
Copy !req
739. Berger's testimony is out...
Copy !req
740. and so is everything having to
do with this mob psychology crap.
Copy !req
741. Then I have no defense.
Tell that to the jury, Counselor.
Copy !req
742. This should have been
over in a couple of hours.
Copy !req
743. What could they be
talking about for eight days?
Copy !req
744. There are 12 people in
that room, not 12 computers.
Copy !req
745. Roberts admitted
he killed De Santis.
Copy !req
746. The judge's instructions
eliminate any possible justification.
Copy !req
747. Yeah. Juries always
listen to judges.
Copy !req
748. Yes?
Copy !req
749. You're kidding.
Copy !req
750. Is there any reason to believe
that further deliberation...
Copy !req
751. would lead to a
unanimous verdict?
Copy !req
752. No, Your Honor.
Copy !req
753. Then I have no alternative
but to declare a mistrial.
Copy !req
754. Three were for murder
two. Four for man one.
Copy !req
755. That leaves five for acquittal.
Copy !req
756. On retrial we exclude
their expert testimony...
Copy !req
757. and the jury only
hears our witnesses.
Copy !req
758. Not going to be a retrial.
Copy !req
759. Isaac Roberts killed an innocent
man. You're going to let him walk?
Copy !req
760. If I thought we could impanel a jury that
would give us a chance of convicting...
Copy !req
761. I'd try the case myself.
Copy !req
762. Now, you'd think that
20 years in this office...
Copy !req
763. you'd have a sense of reality.
Copy !req
764. Reality?
Copy !req
765. The reality is...
Copy !req
766. that no one is willing to stand
up and draw a line in the sand.
Copy !req
767. Nobody is willing to say
that the law is the law...
Copy !req
768. and if you break it,
you'll be prosecuted...
Copy !req
769. win, lose, or draw. Nobody
except you, of course.
Copy !req
770. Adam, better to light a match
than to curse the darkness.
Copy !req
771. Even if it lights a fuse
that could blow up the city.
Copy !req
772. What do you want?
Copy !req
773. Peace without justice?
Copy !req
774. I'm willing to straddle a
fence so this city can heal.
Copy !req
775. Can you understand that?
Copy !req
776. I understand that.
Copy !req
777. And that cure...
Copy !req
778. is worse than the disease.
Copy !req
779. And it's a solution...
Copy !req
780. that I just can't be part of.
Copy !req