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. Robert, someone
might see us. So?
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7. Oh, God.
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8. 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. 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 ID?
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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. 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. Did Kirk have any associates?
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57. Aside from the
imaginary ones? No.
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58. 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. 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. 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. - 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 ID?
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 CIA 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. 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. 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. 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. 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 I?
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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. 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.
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374. I've called my attorney.
He'll be here in 10 minutes.
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375. Keep him out of our way.
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376. I can't believe they
have the right to do this.
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377. Ray will take care of it.
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378. Got a robe here.
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379. It's brand-new.
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380. These aren't.
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381. Forensics found blood
on Creighton's slippers.
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382. It matches Kirk's. That
puts him at the scene.
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383. It doesn't tell us when,
or what he did there.
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384. But the old lady puts him
there and at the right time.
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385. Bring him in. And arrest
him for saving Kirk's life?
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386. Hey, who says he
didn't try to kill him first?
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387. There's no direct
evidence of that.
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388. Well, if he didn't swing the
stick, he probably knows who did.
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389. There was a second person there.
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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. "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. 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. 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. Call Briscoe.
Copy !req
554. 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. 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 I 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. I followed him into the alley.
Copy !req
625. 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. 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. 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. 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.
Copy !req
745. And then you proceeded
to beat his brains in...
Copy !req
746. so that he wouldn't bother
you or your wife ever again?
Copy !req
747. That's not true. Look, I am
not the animal here. He is.
Copy !req
748. He should be locked in a
cage, right? That's right...
Copy !req
749. but you people
can't seem to do that.
Copy !req
750. You let him ruin our lives.
Copy !req
751. We're responsible for
Mr. Kirk? You're damn right.
Copy !req
752. You'd wanna come out here
and beat our brains in, right?
Copy !req
753. Don't think I
haven't thought of it.
Copy !req
754. Thank you, Mr. Morrissey.
Copy !req
755. Roland Kirk smokes crack
and loses contact with reality.
Copy !req
756. He throws a garbage can
through a plate glass window.
Copy !req
757. We toss him into a state mental
facility where they clean him up...
Copy !req
758. brush him off and shove
him back onto the street.
Copy !req
759. Where does he go? Right
back to Bedford Street.
Copy !req
760. Where he smokes crack...
Copy !req
761. loses contact with reality...
Copy !req
762. and pushes an 11-year-old
boy in front of a moving car.
Copy !req
763. Again, we toss him back
into the state mental facility...
Copy !req
764. where they clean him up, brush him
off and shove him back onto the street.
Copy !req
765. And where does he go?
Back to Bedford Street.
Copy !req
766. Three years of this,
ladies and gentlemen...
Copy !req
767. with no end in sight.
Copy !req
768. Until Harold Morrissey
said, "Enough."
Copy !req
769. Roland Kirk attacked his
wife and took his property.
Copy !req
770. Mr. Morrissey
tried to get it back.
Copy !req
771. And now they want
to put him in jail.
Copy !req
772. There's something
very wrong here.
Copy !req
773. Anyone familiar with the Roland
Kirk story has to feel frustrated...
Copy !req
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. 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. 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. 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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