1. (male narrator)
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. Robert, someone
might see us.
So?
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7. Oh, God.
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8. (man)
Give me some change?
Beat it!
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9. Come on, I'm hungry.
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10. Robert, there's someone.
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11. Yeah, that guy's
in orbit around Pluto.
No.
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12. Let's just get a cab.
No. This time we stay,
they go.
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13. What are you doing?
Hey, buddy.
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14. (Robert)
Scram.
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15. Come on, let's go.
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16. We worked with him
for over three hours.
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17. Multiple fractures
of the skull,
intracranial hemorrhages...
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18. It's a miracle he's alive.
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19. Broken kneecap, broken leg,
he got the full workout.
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20. What do you think,
baseball bat?
Narrower, like a pipe.
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21. It left a crisscross pattern
on the wounds.
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22. Any idea
when he'll be conscious?
With injuries like this?
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23. Tomorrow, next week,
next year.
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24. Assuming
he lives out the night.
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25. What about his name?
You find any lD?
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26. I didn't search
his pockets.
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27. His clothing is here.
We had to cut it off him.
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28. Your turn
to sort the laundry.
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29. Let's get it all.
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30. Mr. Five-and-dime.
Broken pencil, string...
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31. paper clips, crack pipe.
Nice to know he had a hobby.
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32. Appointment card
at Friedland Psychiatric...
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33. for Roland Kirk,
eight days ago.
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34. No wallet.
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35. He left that
in the other suit
with the credit cards.
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36. Yeah, he preferred cash.
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37. Whoa, there's
a couple of grand, here.
All in 20s.
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38. So who says
clothes make the man?
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39. Couple who found him,
we had to fight with them
to get their names.
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40. Wedding rings
didn't match.
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41. They see a guy
with a shopping cart?
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42. Before they came
into the alley,
he spare-changed them.
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43. "White male with red hat."
Too early for Christmas.
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44. We found a crack pipe
on Kirk.
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45. Stoned and hassling
the locals. That was him.
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46. He had $2,200 on him.
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47. What, was he selling crack
to the other pipeheads?
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48. Between fighting
and getting high...
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49. he hardly had time
for anything else.
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50. This a playground?
That's Kirk's.
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51. (Wheeler)
Anybody comes near it,
he decks them.
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52. A nightie?
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53. Christian Dior,
still got the price tags.
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54. A little something
for the missis?
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55. Yeah, right,
he was dating Marla Maples.
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56. (Briscoe)
Did Kirk have any associates?
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57. Aside from
the imaginary ones? No.
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58. (cop)
Detective?
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59. This is real.
So is the blood.
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60. Hey, get us a shot of this...
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61. It reinforces concrete,
what do you call it?
Rebar.
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62. Right there.
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63. (Kelley)
Come on.
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64. Hey, I'm walking.
I'm cooperating.
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65. You wanted a guy
in a red hat?
Meet George Siddell.
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66. Mr. Siddell,
how're you doing today?
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67. Listen, gotta ask you,
were you here last night
after midnight?
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68. I'm not sure.
I lost my watch.
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69. A guy named Roland Kirk
got beat up bad last night.
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70. With that.
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71. Now we know
you were around.
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72. Roland?
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73. I'm shocked.
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74. I'm desolated.
I bet.
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75. You ever hassle
with him?
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76. I respected Roland.
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77. He means
he was terrified of Kirk.
He's terrified of everybody.
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78. He's harmless.
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79. All right.
Get him a cup of coffee.
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80. We're gonna want
to talk to him later maybe.
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81. Rooms with a view.
Want to start
ringing doorbells?
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82. We hear all kinds of things
from the street.
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83. We used to call the police.
Now, we don't bother.
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84. They can't do anything.
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85. Look, I have to perform
a root canal in 20 minutes.
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86. This Roland Kirk.
Now, you saw him around?
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87. Everybody did.
He was a problem around here.
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88. But was he a problem
to anyone in particular?
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89. Yes,
the people of New York City.
Now, I really have to go. Bye.
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90. So long.
Bye.
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91. We went to the movies.
We got home at 11:00.
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92. This would've happened
around midnight.
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93. The news was on.
We didn't hear anything.
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94. It was a street person?
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95. He was attacked 30 feet
from your living-room window.
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96. I mean, how loud
do you play the news?
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97. We've lived here
for eight years.
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98. We stopped listening
to the street a long time ago.
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99. (Prosky)
Twenty years ago,
I wouldn't live anywhere else.
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100. Now, it's like Calcutta.
People living and dying
in the streets.
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101. Yeah, but last night
around 12:00, Mr. Prosky?
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102. Yeah, well, I close at 11:00.
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103. 11:30, I was
halfway across the Triborough.
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104. When you were leaving
did you happen to see
Roland Kirk?
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105. Not last night.
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106. But I've seen him around
with some other lowlife.
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107. A guy in a red hat?
I don't know about a hat...
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108. but I can tell you
about the smell.
How about a name?
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109. Yeah, sure.
It was, "Hey, you,
stay out of my garbage."
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110. So what else is new?
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111. Nobody heard anything,
nobody saw anything...
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112. and nobody gives a damn.
And the victim
was a model citizen.
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113. Roland Kirk, 43.
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114. Multiples for vandalism,
misdemeanor assault...
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115. criminal mischief,
disorderly conduct,
possession.
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116. Why wasn't this man in jail?
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117. Hey, the DA keeps
pleading him out...
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118. as an emotionally
disturbed person.
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119. The weapon was a rebar,
probably from a construction
site down the street.
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120. Blood and hair are Kirk's.
No prints.
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121. Whoever popped him
left his money,
so it wasn't a robbery.
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122. He didn't make $2,200
dealing dime bags.
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123. Maybe he stole it
from someone
higher up the food chain.
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124. Maybe he played the ponies.
How much time we gonna
spend on this?
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125. As long as it takes
to check off the boxes.
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126. Didn't he have a card
from a hospital?
Friedland Psychiatric.
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127. Maybe he was on medication.
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128. If he was getting pills
from some hospital...
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129. he would've had
a Medicaid card.
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130. Maybe somebody
beat him up for it.
George Siddell?
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131. I like offices.
Used to work in one.
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132. Sorting, filing...
Come on, George.
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133. Focus on the card.
Whose name does it say?
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134. (Briscoe) Roland Kirk.
Very good.
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135. But we found it
in your pocket.
You see our problem?
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136. People are gonna say
you clobbered Kirk
and took his card.
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137. No, I didn't.
He gave it to me,
a long time ago.
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138. Yeah. I'm sure he did.
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139. But we're gonna have
to keep you here,
until we can ask him.
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140. That's just like the cops.
Never believe anything
you tell them.
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141. I used the card.
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142. Tuesday. A week ago.
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143. At the hospital,
bought some pills.
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144. Lithium. Sixty of them.
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145. So where are the pills now?
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146. I sold them.
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147. I like wine.
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148. First admitted, June '77.
Drug-induced psychosis.
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149. Again in '78, '79,
right through till last May.
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150. Most were for
court-order evaluations...
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151. two weeks treatment,
and out he goes.
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152. Oh, right, the miracle cure.
I read about it
at the checkout stand.
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153. Hey, we don't
make the guidelines.
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154. Once a patient is no longer
a danger to himself...
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155. or to others,
we have to release him.
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156. Okay, but his prescription,
did you fill it here?
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157. Yes. He's supposed
to come in once a month.
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158. Okay. When was the last time?
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159. Last week.
Sixty units, Lithium.
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160. Would he have to show lD?
No. Just his Medicaid card.
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161. Doc, in his file,
does it say anything
about his friends...
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162. people he might know
on the outside?
A peer group?
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163. No, socialization
was something
he needed to work on.
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164. How about next of kin?
Sharon Kirk signed him out
two years ago.
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165. When Dad had a heart attack,
my brother never showed up
at the funeral.
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166. Three weeks later,
we found out he was
living on the street.
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167. There'd been signs before.
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168. He had a routine,
he had his medication.
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169. He seemed to be well,
so they'd release him.
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170. Did he take his pills?
Long as he'd remember to,
he'd be fine.
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171. When he stayed with us,
two years ago...
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172. I trusted him
to baby-sit my kids...
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173. and then one day he was gone.
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174. Back to Bedford Street?
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175. He said that was his home.
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176. He said it had something to do
with a sonic convergence.
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177. He tried to explain it to me,
but...
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178. You have any idea
why he had
a pocketful of cash?
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179. No. He panhandled.
How much could he have?
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180. $2,200.
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181. What on earth was he doing...
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182. A couple of weeks ago...
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183. he sent me a check for $108.
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184. I figured it was worthless.
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185. He said it was
for a doll he broke
when I was four years old.
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186. You still have the check?
I think so.
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187. Account was opened
five weeks ago
with a balance of $15,000.
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188. Tax refund.
I don't know.
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189. The account was set up
for Mr. Kirk as a trust,
with a daily withdrawal limit.
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190. And Kirk maxed out the limit.
Withdrew $200 a day.
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191. $7,000 in five weeks.
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192. Faster than he could smoke it.
Who's the trustee?
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193. Richard Gillrich,
Mental Health
Legal Advocates.
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194. His signature's required
on all withdrawals over $200.
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195. I'm amazed
to see you investigating.
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196. Mindless violence
against the homeless
is business as usual.
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197. What about lawyers
and trust funds?
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198. Is that business as usual
for the homeless?
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199. If they're being
harassed, it is.
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200. Did you sue the ClA
for putting transistors
in Kirk's head?
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201. We did even better than that.
We sued the residents
of Bedford Street.
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202. Read our brief.
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203. They tried to have him
classified
as an habitual offender.
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204. They tried to get him
committed to Friedland
Psychiatric Center.
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205. Where he might've
gotten some help.
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206. Mr. Kirk felt fully capable
of deciding for himself
what he wanted.
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207. I see you got him released
from the hospital
last February.
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208. Took him home with you
or just left him
on the sidewalk?
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209. Spare me the homilies.
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210. Mr. Kirk could've afforded
a different choice.
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211. The Block Association
insisted...
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212. on a gag order,
but they settled
for $30,000 plus our costs.
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213. Half this year, half next.
Sounds like a shakedown.
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214. Next time
I run out of beer money,
I'll call you.
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215. If your rights
are being violated,
maybe you should.
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216. This Block Association.
It had assets?
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217. Individual members did.
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218. This was a civil rights issue.
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219. We have the minutes to their
Association meetings.
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220. The harassment
was clearly premeditated.
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221. (Lantos)
I don't think you realize
what Mr. Kirk put us through.
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222. Well, then,
he won't find a vacancy
in yuppie heaven.
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223. Too bad he lost
his Gold card.
We tried kindness, Detective.
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224. The Block Association
isn't interested in putting
the homeless just on the bus.
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225. We tried to find them
public housing, jobs—
Now wait a minute...
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226. he picked your pocket
for $30,000.
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227. I mean,
is there anybody on the block
that wants a refund?
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228. Everyone was outraged.
We thought
he belonged in a hospital.
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229. But the doctors said
his problem wasn't mental...
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230. and the judges said
it wasn't criminal.
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231. Well, being homeless and crazy
isn't against the law.
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232. All right,
maybe the guy was a nuisance.
Nuisance?
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233. Let me show you a nuisance.
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234. The last time
a judge released him
from the hospital...
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235. our lawyer thought
we should follow Mr. Kirk
around with a video...
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236. so the next judge
would see
what we have to go through.
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237. Get out! Get out of here!
Get out of the street!
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238. I told you not to come around,
didn't I? What you doing
in my street? Get out!
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239. (Kirk)
Out of here!
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240. Crazy! This is my street!
Bang!
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241. Hey.
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242. Out!
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243. Get out of here!
Get out!
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244. I told you to get out!
I want you out now!
Get out!
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245. Three weeks later,
that nuisance pushed a child
into a busy intersection.
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246. Hey!
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247. (Lantos)
Even the night
he was attacked...
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248. he was still at it.
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249. How's that?
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250. I was told he mugged somebody.
Irene Morrissey.
Right in front of her house.
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251. Put her in the hospital.
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252. It was about 11:00.
I was coming home
from an art class...
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253. and he just attacked me.
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254. Took my shopping bag,
and ran down
the middle of the street.
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255. That bag, was there
a nightgown in it?
Yeah.
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256. I had bought it that afternoon
from Bergman's.
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257. Why didn't you
call the police?
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258. (Morrissey)
What's the point?
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259. Last time they arrested him,
he was back on the street
two hours later.
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260. It happens, Mr. Morrissey.
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261. When he ran away,
did you see where he went?
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262. I went in the house.
I was upset.
He nearly tore her arm off.
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263. I mean, we thought
her shoulder was broken.
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264. It's just a torn rotator cuff.
It'll be all right.
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265. And her face was bloody
where he scratched her...
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266. I took her
to the emergency room
over at 12th Street.
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267. Did anybody see you
get mugged?
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268. I wasn't paying attention.
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269. When we moved in here
four years ago...
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270. we used to leave food out
for this guy.
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271. You know, a homeless guy
gets attacked with a rebar...
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272. nobody calls
the cops. Okay.
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273. But a woman gets mugged,
and still nobody
calls the cops?
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274. Let's complain to the union.
They're trying
to put us out of business.
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275. Yeah? Well, keep him awake,
okay? Thanks.
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276. Kirk's out of his coma.
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277. Oh, man, I hurt.
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278. Who are you?
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279. You don't live
on Bedford Street.
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280. Take it easy.
We work for the city.
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281. We're detectives.
You remember who attacked you?
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282. The other night, Roland.
In the alley on Bedford.
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283. Yeah, I know.
It was a bald woman.
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284. She jumped on my chest.
A bald woman?
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285. Yeah. In a flowered dress.
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286. Pounding on me
and kissing me.
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287. Doc...
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288. are we wasting our time here?
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289. There is a hairline fracture
of his breastbone.
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290. I think he remembers
the paramedics...
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291. giving him CPR
and mouth-to-mouth breathing.
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292. You get a lot of bald women
on the ambulances these days?
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293. She was bald.
She had a flowered dress.
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294. You don't believe me,
ask Governor Cuomo.
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295. First of all, he's insane.
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296. Second of all,
he was whacked in the head
with a metal bar.
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297. He's gonna make
a terrific witness.
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298. So what? You want us
to call off the search
for bald women?
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299. I want you to find out
what went on at the meetings
of the Block Association.
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300. $30,000 gets you
some strong opinions.
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301. Kirk's lawyer did say
he subpoenaed the minutes.
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302. Yeah, well,
these people
might be mad as hell.
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303. But you really think
one of them's gonna whack him
on the head with a rebar?
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304. Look at the minutes.
See who the hotheads are.
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305. Out of two hours,
they spent an hour and 45
on Kirk.
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306. "Kirk smashed my car window
with a brick,
and urinated into the car."
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307. As of last month,
216 complaints.
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308. After 50,
I'd call the realtor.
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309. And sell for peanuts
when your life savings
is holding up the roof?
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310. This is a creative bunch.
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311. One guy thought
seeding the alley
with broken glass would...
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312. keep Kirk
from sleeping there.
Yeah.
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313. Well, he was a nightmare.
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314. Hey, Mrs. Bundy?
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315. The little old lady
who told us she couldn't hear
anything from the alley?
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316. She complained here six times
that Kirk
was keeping her awake.
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317. It was after midnight.
I was asleep.
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318. You told your neighbors
you couldn't sleep
because of Roland Kirk.
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319. How do you know that?
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320. We're detectives,
Mrs. Bundy. We know
how to find things out.
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321. Now why don't you
just tell us the truth.
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322. I was in bed. I heard voices.
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323. What were they saying?
I couldn't tell.
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324. Well, you didn't just go
right back to sleep though,
did you?
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325. I got up. I looked down.
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326. I saw two men
leaving the alley.
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327. One,
I couldn't tell who it was.
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328. The other was Dr. Creighton.
The dentist?
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329. He went into his house,
through the back way.
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330. He was wearing his bathrobe.
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331. I didn't see anything wrong.
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332. The next morning,
after Kirk was found...
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333. didn't it occur to you
to say something?
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334. I didn't see anything wrong.
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335. Mrs. Bundy's a sweetheart.
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336. One evening last week,
she mistook me
for her son-in-law.
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337. Night blindness,
very common
among the elderly.
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338. Lying afflicts
all age groups.
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339. Kirk ever give you
any trouble?
I live here, don't l?
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340. Last spring...
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341. my 11-year-old son's
standing at the corner...
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342. waiting for the light
to change. Kirk shoves him
out into traffic.
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343. It's a miracle
he wasn't killed.
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344. Boy, if somebody
messed with
my daughter like that...
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345. It crossed my mind.
But I'm not as crazy as he is.
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346. Creighton's bald,
and he was wearing
a bathrobe.
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347. And he's trained
to perform CPR,
so it fits what Kirk said.
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348. He said it was a woman.
Maybe Creighton
kisses like one.
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349. Are you volunteering
to find out?
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350. The good people
of Bedford Street...
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351. have been putting up
one brick wall
after another.
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352. Now, maybe we make an arrest,
maybe we shake
something loose.
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353. Your eyewitnesses
aren't reliable enough
to support an arrest warrant.
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354. How about
a search warrant?
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355. You do CPR
on a bleeding victim,
you're gonna get wet.
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356. Hey, that's right.
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357. Maybe Creighton
got some low-rent blood
on his silk pajamas.
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358. Convincing a judge
to play along won't be
a walk in the spring rain.
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359. (Logan)
I already looked
at the calendar.
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360. You got Judge Reisman
or Judge Talbert,
take your pick.
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361. Reisman. I've gotten some
shaky drug warrants past him.
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362. This is your basis
for a search warrant?
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363. An elderly witness
who wears glasses? You can't
be sure what she saw.
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364. She saw two things
the victim saw.
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365. A robe that could've
looked like a dress
and a bald head.
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366. Creighton's a doctor,
he'd know CPR.
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367. If he worked on Kirk
that night,
there'd be blood on his robe.
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368. Is that
what you're looking for?
Evidence of CPR?
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369. I didn't know
that was a crime.
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370. We're after bigger fish,
Your Honor.
Attempted murder.
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371. Dr. Creighton's
an oral surgeon, not a thug.
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372. Judge, you ever had
your wisdom teeth pulled?
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373. Give me the warrant.
Copy !req
374. I've called my attorney.
He'll be here in 10 minutes.
Copy !req
375. Keep him out of our way.
Copy !req
376. I can't believe
they have the right
to do this.
Copy !req
377. Ray will take care of it.
Copy !req
378. Got a robe here.
Copy !req
379. It's brand-new.
Copy !req
380. These aren't.
Copy !req
381. Forensics found blood
on Creighton's slippers.
Copy !req
382. It matches Kirk's.
That puts him at the scene.
Copy !req
383. It doesn't tell us when,
or what he did there.
Copy !req
384. But the old lady
puts him there
and at the right time.
Copy !req
385. Bring him in.
And arrest him
for saving Kirk's life?
Copy !req
386. Hey, who says he didn't
try to kill him first?
Copy !req
387. There's no direct evidence
of that.
Copy !req
388. Well, if he didn't
swing the stick,
he probably knows who did.
Copy !req
389. There was
a second person there.
Copy !req
390. I'll prepare the warrant.
Copy !req
391. Oh, yeah.
Copy !req
392. I know what's going on now.
I know exactly
what's going on.
Copy !req
393. All right just relax, Roland.
Now you're gonna look
at some people...
Copy !req
394. and you're gonna tell us
if you recognize anybody.
Copy !req
395. State's key witness, huh?
Congratulations.
I can rest my case right now.
Copy !req
396. Here they come.
Okay, here we go.
Copy !req
397. The lineup.
Copy !req
398. Here we go.
Copy !req
399. Right there.
Right there in the middle.
Copy !req
400. That's her.
Copy !req
401. Next case.
Copy !req
402. "Docket number 63181.
People v. Steven R. Creighton.
Copy !req
403. (clerk)
"The charges are attempted
murder in the second degree...
Copy !req
404. "assault in the first degree."
Copy !req
405. What's the plea?
Not guilty.
Copy !req
406. (Sirkin)
People?
The People ask for $150,000.
Copy !req
407. That's ridiculous, Your Honor.
The victim identified
the defendant.
Copy !req
408. The victim doesn't know
his birds from his bees.
Copy !req
409. The People's case
is predicated on the testimony
of an insane person.
Copy !req
410. Save it for your opening.
Copy !req
411. Your Honor, my client
is a respected oral surgeon.
Copy !req
412. You're on thin ice, Counselor.
I've seen Marathon Man.
Copy !req
413. Bail is set at $150,000.
Copy !req
414. Next up.
Copy !req
415. Dr. Creighton
stepped in that blood...
Copy !req
416. when he took the trash out
the next evening.
Copy !req
417. The night
you're talking about...
Copy !req
418. he was enjoying
a good night's sleep.
Copy !req
419. Not according
to our eyewitnesses.
Copy !req
420. Yeah, a lunatic
and Mrs. Magoo?
This is a farce.
Copy !req
421. Ray, I don't see the humor
in someone getting beaten
by a steel bar.
Copy !req
422. And, Dr. Creighton,
we know that someone
was in the alley with you...
Copy !req
423. and when we find them,
they might be more cooperative
than you are.
Copy !req
424. What if he had nothing to do
with the attack,
if he just administered CPR.
Copy !req
425. He's a doctor,
he left a man dying
in a garbage heap.
Copy !req
426. He could be facing
a murder charge.
I resent that.
Copy !req
427. I saved his life,
for God's sake.
I gave him mouth-to-mouth—
Copy !req
428. Doctor.
Copy !req
429. We drop it down
to failure to report.
Copy !req
430. He pleads no contest.
Will that satisfy you?
Copy !req
431. It depends on his story.
Copy !req
432. It was over
by the time I got outside.
Prosky was there.
Copy !req
433. He said
he'd called the paramedics
from his restaurant.
Copy !req
434. Did he say
who did the beating?
I didn't ask.
Copy !req
435. Kirk was barely breathing.
I started compressions.
Copy !req
436. I did everything necessary.
Except wait
for the paramedics.
Copy !req
437. Prosky said
he'd take care of the rest.
Copy !req
438. That he'd keep my name
out of it.
Copy !req
439. I have friends, doctors,
who've been sued over this.
Copy !req
440. You help somebody in trouble.
Next thing,
they take your house.
Copy !req
441. I was closing up
for the night, when I heard
all hell break loose.
Copy !req
442. By the time
I ran to the alley, nobody
was there except Kirk...
Copy !req
443. flat on his back. Bleeding.
Copy !req
444. Next thing,
Creighton came out.
Copy !req
445. That's not the story
you told the police.
This is great.
Copy !req
446. You people drop the ball
and then you start
pointing the finger at us.
Copy !req
447. I didn't want to get
Creighton in trouble,
all right?
Copy !req
448. He's worried about lawsuits.
Just being a good neighbor?
Copy !req
449. How gullible do I look?
Copy !req
450. Miss, we don't
take care of ourselves,
nobody else will.
Copy !req
451. You told Dr. Creighton
you called the paramedics.
Copy !req
452. Unfortunately, there's
no record of that call.
Copy !req
453. I didn't make any calls.
Copy !req
454. And I sure as hell
didn't tell Creighton I did.
Copy !req
455. He's lying
to save his own ass.
Copy !req
456. I left him with Kirk.
He was supposed
to take care of it.
Copy !req
457. Well, we have two suspects
passing the buck.
Copy !req
458. Your victim
can't make the call?
We're afraid to ask him.
Copy !req
459. His performance at the lineup
hardly inspired confidence.
Copy !req
460. His psychiatric records
indicate that...
Copy !req
461. when he's off drugs
he's somewhat coherent.
Copy !req
462. There's a long road between
coherence and competence.
Copy !req
463. Yeah, you don't
want to prosecute.
Even with direct evidence...
Copy !req
464. it's tough to sell a jury
that's been inundated
with the homeless.
Copy !req
465. That guy
terrorized the neighborhood
for three years.
Copy !req
466. And you think what they did
is a solution
to the homeless problem?
Copy !req
467. What next? Flying squads
in the middle of the night?
Copy !req
468. If it was my child
he pushed into traffic,
I might consider it.
Copy !req
469. Yeah, that's only
capital punishment.
Copy !req
470. Or do you make an exception
for people like Roland Kirk?
Copy !req
471. I'll have Elizabeth
talk to him.
Copy !req
472. When I smoke up,
these people are munchkins.
Copy !req
473. Little things I can
just flick out of my way.
You're not high now.
Copy !req
474. Is it possible you remember
more about
what happened in the alley?
Copy !req
475. What happened in the alley.
What do you think?
I got messed up.
Copy !req
476. You described a bald woman.
Yeah, the dentist.
Copy !req
477. He walks around in a dress,
and they say I'm crazy?
Copy !req
478. Do you remember anybody else
in the alley?
Copy !req
479. Yeah, I know who.
Copy !req
480. Mr. "We reserve
the right to serve."
Copy !req
481. The man with the restaurant.
Copy !req
482. You mean Leon Prosky?
Copy !req
483. He'd never even give me
a damn glass of water.
Copy !req
484. Yeah, he was there.
Copy !req
485. Do you remember
what he was doing?
Copy !req
486. I was getting whacked.
I was bleeding.
Copy !req
487. I tried giving him the bag.
Copy !req
488. Well, what bag is that?
The one with
the purple letters.
Copy !req
489. He kept pulling at it.
Did he say why?
Copy !req
490. His wife gives me the bag.
Then he wants it back.
Copy !req
491. I can't figure
these people out.
Copy !req
492. What is that, Roland?
Copy !req
493. Can I keep this?
Copy !req
494. Sure.
Copy !req
495. Happy birthday.
Copy !req
496. He drew this
while I was talking to him.
Copy !req
497. Once the drugs
clear his system.
He settles down.
Copy !req
498. He becomes more lucid.
Copy !req
499. It explains why they keep
putting him back
out on the streets.
Copy !req
500. Where he resumes
his old habits.
Copy !req
501. The drugs trigger
psychotic episodes,
back he goes to the hospital.
Copy !req
502. At some point, doesn't
someone catch on that he needs
long-term treatment?
Copy !req
503. There's no place for him.
Copy !req
504. Drug treatment programs
won't take addicts
who are mentally ill...
Copy !req
505. and psychiatric hospitals
don't treat addicts.
Copy !req
506. So the system's crazier
than the people
it's trying to help.
Copy !req
507. (Stone)
Liz...
Copy !req
508. do you believe Roland Kirk?
Copy !req
509. I think he's the one person
who has no reason to lie.
Copy !req
510. You know,
I already went through
all this with the police.
Copy !req
511. Don't you people
talk to each other?
Copy !req
512. I read your statement.
It wasn't clear
what time you got home.
Copy !req
513. Look, this drug addict
mauled my wife.
Copy !req
514. He separated her shoulder,
he drew blood.
Copy !req
515. You've got some nerve
making me feel like I'm
the one under investigation.
Copy !req
516. My questions are very routine,
Mr. Morrissey.
Copy !req
517. Yeah, right.
So tell me where you live.
Copy !req
518. Next time we have a problem
with Roland Kirk,
we'll send him over.
Copy !req
519. I have tax reports to do.
Goodbye, Miss Kincaid.
Copy !req
520. We signed Mrs. Morrissey in
at 10:50, and Dr. Parks
saw her at 11:15.
Copy !req
521. Yeah, I remember
Mr. Morrissey now.
Copy !req
522. Out of a roomful
of emergencies?
The squeaky wheel.
Copy !req
523. You'd think
his wife had been shot
through the heart.
Copy !req
524. Do you know
what time they left?
Copy !req
525. She had blood panels
and x-rays,
they were here maybe an hour.
Copy !req
526. But you're guessing.
Look, all I know is
the guy was a pest...
Copy !req
527. and he took all my change
for the pay phone.
Copy !req
528. He made one phone call
before his wife
went into x-ray...
Copy !req
529. and one phone call
right before they left.
Thanks.
Copy !req
530. I checked the usage
on the pay phone.
Copy !req
531. Two calls were made
to Prosky's restaurant
between 11:00 and 12:00.
Copy !req
532. Morrissey is upset.
He wants revenge,
and he calls Prosky.
Copy !req
533. Prosky tells him
Kirk's in the alley.
Copy !req
534. And Kirk ends up
in a coma.
Copy !req
535. Except the calls
don't prove Morrissey
was in the alley.
Copy !req
536. So we start with Prosky.
Copy !req
537. Have him come in
with his lawyer.
Copy !req
538. These are more than
just customers, Mr. Prosky
considers them his friends.
Copy !req
539. Mr. Prosky,
we could be looking
at a conspiracy charge here.
Copy !req
540. Based on what?
Answering the phone?
Copy !req
541. He acted as a lookout
for Harold Morrissey.
Copy !req
542. That's enough
to make him
an accomplice.
Copy !req
543. But I didn't do anything.
Leon, please.
Copy !req
544. I can see a light touch
doesn't come naturally to you.
Copy !req
545. What are you offering?
That depends on what he says.
Copy !req
546. Tell them.
Copy !req
547. I saw Morrissey do it.
Copy !req
548. He came back
from the hospital.
Copy !req
549. He grabbed a rebar
from the construction site.
Copy !req
550. He went in the alley, and he—
Wait a minute.
Copy !req
551. He grabbed the rebar
before he went
into the alley?
Copy !req
552. Yeah.
And the next thing I knew...
Copy !req
553. (Stone)
Call Briscoe.
Copy !req
554. (Logan)
Harold Morrissey,
you're under arrest...
Copy !req
555. for the attempted murder
of Roland Kirk.
Copy !req
556. You have the right
to remain silent
and anything you say...
Copy !req
557. can be used against you
in a court of law.
Do you understand that?
Copy !req
558. You have the right
to an attorney.
Copy !req
559. Should you refuse
that right...
Copy !req
560. He's hiding behind
a justification defense.
Copy !req
561. (Schiff)
Now listen, Ben.
Copy !req
562. Lawful use of physical force
to terminate a larceny...
Copy !req
563. is always a good reason
to beat up a mugger.
Copy !req
564. Mrs. Morrissey
was mugged two hours
before the beating.
Copy !req
565. After three years
of harassment...
Copy !req
566. the jury's not gonna
start counting minutes.
Copy !req
567. It is a clear case
of premeditation.
Copy !req
568. He walked in that alley
with the rebar.
Copy !req
569. He knew that Roland Kirk
was violent, he was
preparing for the worst.
Copy !req
570. It's called self-preservation.
It is also called vigilantism.
Copy !req
571. I'm in for a chorus
of Amazing Grace.
Copy !req
572. I didn't know that
he had time to cool off.
Copy !req
573. An hour earlier,
Kirk was fair game?
Copy !req
574. I'm not saying that
I'm comfortable
prosecuting a man that...
Copy !req
575. but for the grace of God
could be me.
Copy !req
576. If the Almighty looked away
for half a second...
Copy !req
577. you could also be Roland Kirk.
Copy !req
578. My wife and l
were returning from a dinner.
Copy !req
579. We saw Mrs. Morrissey
get out of a cab.
Copy !req
580. She had a shopping bag
on her arm.
Copy !req
581. Mr. Kirk pushed her,
grabbed the bag and ran away.
Copy !req
582. I went to see
if she was all right...
Copy !req
583. and then Mr. Morrissey
came out of his house.
Copy !req
584. And did Mr. Morrissey
say anything to you?
Copy !req
585. He was furious,
understandably.
Copy !req
586. Kirk had scratched her face.
Copy !req
587. I told him his priority
was getting his wife
to the hospital.
Copy !req
588. That's what he did.
They got into a cab,
and I went home.
Copy !req
589. Did there come a time
later that evening...
Copy !req
590. when you heard
a disturbance in the alley?
Copy !req
591. Yes, I went outside.
Prosky was there.
Kirk was unconscious.
Copy !req
592. His breathing was labored...
Copy !req
593. he was in obvious
cardiac distress,
so I administered CPR.
Copy !req
594. And what time was this?
Around 12:30.
Copy !req
595. And what time
did you see Mr. Kirk...
Copy !req
596. take Mrs. Morrissey's bag?
That had to be 10:30.
Copy !req
597. That's a full two hours
earlier, correct?
That's right.
Copy !req
598. Thank you.
Copy !req
599. Yes or no, Doctor.
Copy !req
600. After you administered CPR
to Mr. Kirk...
Copy !req
601. did you wait around
for the paramedics to arrive?
Copy !req
602. No.
Copy !req
603. Did you do anything
about the blood
gushing from his head?
Copy !req
604. He was breathing
when I left. There was—
But...
Copy !req
605. had the paramedics
been delayed...
Copy !req
606. he could have bled to death,
isn't that right?
Copy !req
607. It's possible.
Copy !req
608. True or false.
Copy !req
609. Six months ago...
Copy !req
610. Mr. Kirk pushed
your 11-year-old son
in front of a moving car.
Copy !req
611. That's right.
Copy !req
612. Well, if it'd been my son...
Copy !req
613. I sure as hell
would want the guy dead.
Objection.
Copy !req
614. Sustained.
Copy !req
615. Mr. Morrissey called again
from the hospital.
Copy !req
616. He wanted to know if Kirk
was still in the alley.
Copy !req
617. I told him yes.
Copy !req
618. Did you see Mr. Morrissey
later that evening?
Copy !req
619. It was after midnight.
I was closing up.
Copy !req
620. I saw him get out of a cab
and head towards the alley.
Copy !req
621. And what did you do?
Copy !req
622. This guy Kirk is dangerous.
Copy !req
623. I didn't want anything
to happen to Mr. Morrissey.
Copy !req
624. (Prosky)
I followed him into the alley.
Copy !req
625. (Stone)
And what happened next?
The guy deserved it.
Copy !req
626. He wouldn't let us
live our lives.
Copy !req
627. Mr. Prosky, please.
Just tell us what happened.
Copy !req
628. Mr. Morrissey
started hitting him.
Where?
Copy !req
629. On the legs.
Anywhere else?
Copy !req
630. And then the head.
With what?
Copy !req
631. His fists?
No.
Copy !req
632. The rebar.
And where did he get it?
Copy !req
633. They're fixing up
a building next door.
They have them lying around.
Copy !req
634. And he armed himself with that
before he entered the alley,
right?
Copy !req
635. Yeah, sure, who wouldn't?
Thank you.
Copy !req
636. Did you see Mr. Kirk
try to give the shopping bag
back to Mr. Morrissey?
Copy !req
637. No.
Copy !req
638. Did you see Mr. Kirk
attack Mr. Morrissey...
Copy !req
639. before he started
swinging the rebar?
Copy !req
640. Yes.
Copy !req
641. Sidebar, Your Honor.
Approach.
Copy !req
642. This witness
has sudden recall
he never told the police.
Copy !req
643. Are you saying
that I'm suborning perjury?
Copy !req
644. I am saying that,
that witness is lying.
Copy !req
645. Credibility is left
to the jury, Counselor.
Copy !req
646. If you want to discredit him,
call another witness.
Copy !req
647. Then I am amending
my witness list.
Copy !req
648. I want to call
Mr. Kirk to the stand.
Copy !req
649. The man's certifiable.
He's not competent.
Copy !req
650. Have him in my office.
9:00 a.m.
Copy !req
651. Yes, Mr. Kirk
becomes delusional.
Copy !req
652. But typically the delusions
are drug-induced.
Copy !req
653. He's been under medical care
since the incident,
Your Honor.
Copy !req
654. When he was high
as a kite.
Copy !req
655. (Stone)
The issue is not
whether he can stand trial...
Copy !req
656. but whether
he can bear witness.
Copy !req
657. Now he was there,
he saw what happened.
Copy !req
658. He remembers,
and he can communicate
that to a jury.
Copy !req
659. With how much
coaching, Ben?
Copy !req
660. He certainly won't
perjure himself,
if that's what you mean.
Copy !req
661. We'll ignore that,
Counselors.
Copy !req
662. Mr. Kirk, how old are you?
I'm 44, next January.
Copy !req
663. Do you remember where you were
when you were beaten?
Copy !req
664. I was in the alley.
I often sleep there.
Copy !req
665. I assume there
won't be any trouble
with the oath, Ben.
Copy !req
666. I'm a very religious man,
Your Honor.
Copy !req
667. That's good enough for me.
Copy !req
668. I like to sleep in the alley.
It's quiet.
Copy !req
669. I was there the night
Mr. Morrissey beat me up.
Copy !req
670. Well, tell us
what you remember.
Copy !req
671. I was asleep.
Copy !req
672. All of a sudden,
my legs were on fire.
Copy !req
673. (Stone)
What do you mean?
I was in pain.
Copy !req
674. I opened my eyes,
and I saw Mr. Morrissey
standing over me.
Copy !req
675. He had a metal bar
in his hand.
And what did you do?
Copy !req
676. I said,
"You want the damn bag
so much? Take it."
Copy !req
677. And did he take it?
He kept hitting me.
Copy !req
678. How often?
Again and again and again.
Copy !req
679. Thank you.
Copy !req
680. Mr. Kirk, when you
first spoke to the police...
Copy !req
681. did you tell them
this same story?
No.
Copy !req
682. Why was that?
Copy !req
683. I was out of it.
I was high on crack.
Copy !req
684. But I remember now.
Copy !req
685. And when you get high...
Copy !req
686. you have no idea
what's going on around you,
is that right?
Copy !req
687. No.
Copy !req
688. Is that why you were
involuntarily committed...
Copy !req
689. to the Friedland
Psychiatric Center at least...
Copy !req
690. a dozen times
in the last three years?
Copy !req
691. When I'm feeling better,
they let me go.
Copy !req
692. And when you get out
of the hospital this time,
where are you gonna go?
Copy !req
693. My sister said
I could stay with her.
Copy !req
694. But things didn't work out
with your sister
the last time you were there.
Copy !req
695. Well, it wasn't her fault.
Copy !req
696. When you left your sister's,
where did you go?
Copy !req
697. Where I live. Bedford Street.
Copy !req
698. You see, there's
this sonic convergence—
And when you go there...
Copy !req
699. you get high, don't you, sir?
Copy !req
700. Yes, I have to. I feel better.
Copy !req
701. And you buy the crack...
Copy !req
702. with money you won
suing the residents
of Bedford Street.
Copy !req
703. Isn't that right?
Copy !req
704. They harassed me.
Oh, they say
they're the victims.
Copy !req
705. I'm the victim.
He tried to kill me.
I may never walk right again.
Copy !req
706. You gonna sue them again,
Mr. Kirk?
You better believe it.
Copy !req
707. And I'll get enough crack
to last me a lifetime.
Copy !req
708. And every time
that son of a bitch
comes out of his house...
Copy !req
709. he'll see me
sitting in my Rolls-Royce
wheelchair...
Copy !req
710. getting high,
and getting in his
pudgy little face.
Copy !req
711. No more questions.
Copy !req
712. All I wanted to do
was to get
my wife's things back.
Copy !req
713. Mr. Prosky told me
Kirk was in the alley
sleeping.
Copy !req
714. The bag was next to him.
Copy !req
715. (Mullen)
What happened
when you entered the alley?
Copy !req
716. Thank God I had the rebar
to protect myself.
Copy !req
717. As soon as I got near him
he was all over me.
Copy !req
718. I mean, sure, I hit him.
What would you do?
You saw what he was like.
Copy !req
719. Mr. Morrissey,
you testified that
you were scared of...
Copy !req
720. Mr. Kirk, right?
Everyone is.
Copy !req
721. He's dangerous. That's why
I brought the rebar.
Copy !req
722. And that you would use
physical force
if it were necessary.
Copy !req
723. Yeah, if I had to.
Copy !req
724. And at the slightest
provocation, you'd come out
swinging, right?
Copy !req
725. Well, I'm not a wild man.
Copy !req
726. I defended myself
only when he attacked me.
Copy !req
727. Did he injure you?
I didn't let him
get close enough.
Copy !req
728. You mean
that you broke his kneecap,
is that right?
Copy !req
729. That's right.
And did that stop him, sir?
Copy !req
730. No.
Copy !req
731. So you hit him again
in the legs?
Copy !req
732. Yes.
Copy !req
733. Did you have reason
to hit him a third time?
Copy !req
734. Yes.
Where?
Copy !req
735. On the head.
Why?
Copy !req
736. He kept coming at me.
How could he?
Copy !req
737. You'd just broken his legs.
He couldn't walk.
Copy !req
738. I don't remember.
I mean, you know,
it happened too fast.
Copy !req
739. Too fast, Mr. Morrissey?
Copy !req
740. He has by now
two broken legs...
Copy !req
741. and it's all happening
too fast?
Copy !req
742. Isn't it true...
Copy !req
743. that you crippled Mr. Kirk
with a surgical strike
to the knee...
Copy !req
744. while he was asleep?
No.
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745. And then you proceeded
to beat his brains in...
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746. so that he wouldn't bother you
or your wife ever again?
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747. That's not true.
Look, I am not
the animal here. He is.
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748. He should be locked in a cage,
right?
That's right...
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749. but you people
can't seem to do that.
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750. You let him ruin our lives.
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751. We're responsible
for Mr. Kirk?
You're damn right.
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752. You'd wanna come out here
and beat our brains in, right?
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753. Don't think
I haven't thought of it.
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754. Thank you, Mr. Morrissey.
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755. Roland Kirk smokes crack
and loses contact
with reality.
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756. He throws a garbage can
through a plate glass window.
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757. We toss him
into a state mental facility
where they clean him up...
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758. brush him off
and shove him
back onto the street.
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759. Where does he go?
Right back to Bedford Street.
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760. Where he smokes crack...
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761. Ioses contact with reality...
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762. and pushes an 11-year-old boy
in front of a moving car.
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763. Again, we toss him back
into the state
mental facility...
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764. where they clean him up,
brush him off and shove him
back onto the street.
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765. And where does he go?
Back to Bedford Street.
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766. Three years of this,
ladies and gentlemen...
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767. with no end in sight.
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768. Until Harold Morrissey
said, "Enough."
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769. Roland Kirk attacked his wife
and took his property.
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770. Mr. Morrissey
tried to get it back.
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771. And now they want
to put him in jail.
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772. There's something
very wrong here.
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773. Anyone familiar
with the Roland Kirk story
has to feel frustrated...
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774. and discouraged.
And, yes, infuriated.
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775. The system broke down
outrageously...
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776. but that's no reason
to disregard the laws
of a civilized society.
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777. Now Mr. Morrissey,
he was frustrated and angry.
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778. And the night
he left that hospital...
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779. he found the perfect device
to express his rage.
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780. And he picked it up,
and he walked with it
into the alley...
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781. and whatever was on his mind,
he had murder in his heart.
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782. He saw Mr. Kirk asleep.
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783. He shattered his legs,
he shattered his skull...
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784. and he left him there to die.
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785. Now, the law says...
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786. that you can use
physical force...
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787. to prevent your property
from being stolen.
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788. It does not say
you can murder a man...
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789. because the state
won't do anything about him.
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790. Yes,
the people of Bedford Street
had their rights violated.
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791. Yes, Mr. Morrissey...
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792. he lost
an article of clothing.
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793. But when he took the law
into his own hands...
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794. he lost all connection
to what every citizen
must hold sacred.
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795. The rules, the laws...
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796. which we've all agreed
to live by.
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797. And when he struck
Mr. Kirk in his sleep...
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798. he became
a menace to society...
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799. greater than Roland Kirk
ever was.
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800. On the first count
of the indictment...
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801. attempt to commit murder
in the second degree,
how do you find?
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802. We find the defendant
not guilty.
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803. (Stein)
On the second count
of the indictment...
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804. assault in the first degree,
how do you find?
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805. Not guilty.
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806. On the third count
of the indictment...
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807. assault in the second degree,
how do you find?
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808. Guilty.
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809. Thank you very much,
Madam Forewoman.
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810. (Stein)
The jury is excused.
Show them out.
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811. I'm ready to deal
with the sentencing right now.
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812. Your Honor,
please forgive me...
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813. but you are required to wait
for the pre-sentencing report.
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814. I'm gonna save
the Department of Corrections
some ink.
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815. Sit down, Mr. Stone.
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816. Mr. Morrissey...
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817. the statute provides
for mandatory incarceration...
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818. for this crime.
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819. How much time
have you spent in jail?
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820. Two days.
Pending bail, Your Honor.
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821. Very well.
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822. I sentence you
to time served...
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823. and two years probation.
Probation.
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824. Your Honor,
please note my exception...
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825. and the People
intend to appeal.
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826. Noted and overruled.
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827. Court is adjourned.
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828. (man)
Congratulations.
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829. Well, Judge Stein
confirmed
the public's greatest fear.
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830. System fails once,
keeps on failing.
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831. That's not
the public's greatest fear.
What is?
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832. That Roland Kirk'll
move into their neighborhood.
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