1. In the criminal
justice system...Copy !req
2. the people are represented by two
separate yet equally important groups:Copy !req
3. the police who
investigate crime...Copy !req
4. and the district attorneys
who prosecute the offenders.Copy !req
5. These are their stories.Copy !req
6. Robert, someone
might see us. So?Copy !req
7. Oh, God.Copy !req
8. Give me some change? Beat it!Copy !req
9. Come on, I'm hungry.Copy !req
10. Robert, there's someone.Copy !req
11. Yeah, that guy's in
orbit around Pluto. No.Copy !req
12. Let's just get a cab. No.
This time we stay, they go.Copy !req
13. What are you doing? Hey, buddy.Copy !req
14. Scram.Copy !req
15. Come on, let's go.Copy !req
16. We worked with him
for over three hours.Copy !req
17. Multiple fractures of the skull,
intracranial hemorrhages...Copy !req
18. It's a miracle he's alive.Copy !req
19. Broken kneecap, broken
leg, he got the full workout.Copy !req
20. What do you think, baseball
bat? Narrower, like a pipe.Copy !req
21. It left a crisscross
pattern on the wounds.Copy !req
22. Any idea when he'll be
conscious? With injuries like this?Copy !req
23. Tomorrow, next week, next year.Copy !req
24. Assuming he lives out the night.Copy !req
25. What about his
name? You find any ID?Copy !req
26. I didn't search his pockets.Copy !req
27. His clothing is here.
We had to cut it off him.Copy !req
28. Your turn to sort the laundry.Copy !req
29. Let's get it all.Copy !req
30. Mr. Five-and-dime.
Broken pencil, string...Copy !req
31. paper clips, crack pipe.
Nice to know he had a hobby.Copy !req
32. Appointment card at
Friedland Psychiatric...Copy !req
33. for Roland Kirk, eight days ago.Copy !req
34. No wallet.Copy !req
35. He left that in the other
suit with the credit cards.Copy !req
36. Yeah, he preferred cash.Copy !req
37. Whoa, there's a couple
of grand, here. All in 20s.Copy !req
38. So who says clothes
make the man?Copy !req
39. Couple who found him, we had to
fight with them to get their names.Copy !req
40. Wedding rings didn't match.Copy !req
41. They see a guy
with a shopping cart?Copy !req
42. Before they came into the
alley, he spare-changed them.Copy !req
43. "White male with red hat."
Too early for Christmas.Copy !req
44. We found a crack pipe on Kirk.Copy !req
45. Stoned and hassling
the locals. That was him.Copy !req
46. He had $2,200 on him.Copy !req
47. What, was he selling crack
to the other pipeheads?Copy !req
48. Between fighting
and getting high...Copy !req
49. he hardly had time
for anything else.Copy !req
50. This a playground?
That's Kirk's.Copy !req
51. Anybody comes
near it, he decks them.Copy !req
52. A nightie?Copy !req
53. Christian Dior, still
got the price tags.Copy !req
54. A little something
for the missis?Copy !req
55. Yeah, right, he was
dating Marla Maples.Copy !req
56. Did Kirk have any associates?Copy !req
57. Aside from the
imaginary ones? No.Copy !req
58. Detective?Copy !req
59. This is real. So is the blood.Copy !req
60. Hey, get us a shot of this...Copy !req
61. It reinforces concrete,
what do you call it? Rebar.Copy !req
62. Right there.Copy !req
63. Come on.Copy !req
64. Hey, I'm walking.
I'm cooperating.Copy !req
65. You wanted a guy in a red
hat? Meet George Siddell.Copy !req
66. Mr. Siddell, how're
you doing today?Copy !req
67. Listen, gotta ask you, were
you here last night after midnight?Copy !req
68. I'm not sure. I lost my watch.Copy !req
69. A guy named Roland Kirk
got beat up bad last night.Copy !req
70. With that.Copy !req
71. Now we know you were around.Copy !req
72. Roland?Copy !req
73. I'm shocked.Copy !req
74. I'm desolated. I bet.Copy !req
75. You ever hassle with him?Copy !req
76. I respected Roland.Copy !req
77. He means he was terrified of
Kirk. He's terrified of everybody.Copy !req
78. He's harmless.Copy !req
79. All right. Get him
a cup of coffee.Copy !req
80. We're gonna want to
talk to him later maybe.Copy !req
81. Rooms with a view. Want
to start ringing doorbells?Copy !req
82. We hear all kinds of
things from the street.Copy !req
83. We used to call the police.
Now, we don't bother.Copy !req
84. They can't do anything.Copy !req
85. Look, I have to perform
a root canal in 20 minutes.Copy !req
86. This Roland Kirk. Now,
you saw him around?Copy !req
87. Everybody did. He was
a problem around here.Copy !req
88. But was he a problem
to anyone in particular?Copy !req
89. Yes, the people of New York
City. Now, I really have to go. Bye.Copy !req
90. So long. Bye.Copy !req
91. We went to the movies.
We got home at 11:00.Copy !req
92. This would've happened
around midnight.Copy !req
93. The news was on.
We didn't hear anything.Copy !req
94. It was a street person?Copy !req
95. He was attacked 30 feet
from your living-room window.Copy !req
96. I mean, how loud do
you play the news?Copy !req
97. We've lived here
for eight years.Copy !req
98. We stopped listening to
the street a long time ago.Copy !req
99. Twenty years ago, I
wouldn't live anywhere else.Copy !req
100. Now, it's like Calcutta. People
living and dying in the streets.Copy !req
101. Yeah, but last night
around 12:00, Mr. Prosky?Copy !req
102. Yeah, well, I close at 11:00.Copy !req
103. 11:30, I was halfway
across the Triborough.Copy !req
104. When you were leaving did
you happen to see Roland Kirk?Copy !req
105. Not last night.Copy !req
106. But I've seen him around
with some other lowlife.Copy !req
107. A guy in a red hat? I
don't know about a hat...Copy !req
108. but I can tell you about the
smell. How about a name?Copy !req
109. Yeah, sure. It was, "Hey,
you, stay out of my garbage."Copy !req
110. So what else is new?Copy !req
111. Nobody heard anything,
nobody saw anything...Copy !req
112. and nobody gives a damn. And
the victim was a model citizen.Copy !req
113. Roland Kirk, 43.Copy !req
114. Multiples for vandalism,
misdemeanor assault...Copy !req
115. criminal mischief, disorderly
conduct, possession.Copy !req
116. Why wasn't this man in jail?Copy !req
117. Hey, the DA keeps
pleading him out...Copy !req
118. as an emotionally
disturbed person.Copy !req
119. The weapon was a rebar, probably
from a construction site down the street.Copy !req
120. Blood and hair are
Kirk's. No prints.Copy !req
121. Whoever popped him left his
money, so it wasn't a robbery.Copy !req
122. He didn't make $2,200
dealing dime bags.Copy !req
123. Maybe he stole it from
someone higher up the food chain.Copy !req
124. Maybe he played the ponies. How
much time we gonna spend on this?Copy !req
125. As long as it takes
to check off the boxes.Copy !req
126. Didn't he have a card from a
hospital? Friedland Psychiatric.Copy !req
127. Maybe he was on medication.Copy !req
128. If he was getting pills
from some hospital...Copy !req
129. he would've had a Medicaid card.Copy !req
130. Maybe somebody beat
him up for it. George Siddell?Copy !req
131. I like offices. Used
to work in one.Copy !req
132. Sorting, filing...
Come on, George.Copy !req
133. Focus on the card.
Whose name does it say?Copy !req
134. - Roland Kirk.
- Very good.Copy !req
135. But we found it in your
pocket. You see our problem?Copy !req
136. People are gonna say you
clobbered Kirk and took his card.Copy !req
137. No, I didn't. He gave it
to me, a long time ago.Copy !req
138. Yeah. I'm sure he did.Copy !req
139. But we're gonna have to keep
you here, until we can ask him.Copy !req
140. That's just like the cops. Never
believe anything you tell them.Copy !req
141. I used the card.Copy !req
142. Tuesday. A week ago.Copy !req
143. At the hospital,
bought some pills.Copy !req
144. Lithium. Sixty of them.Copy !req
145. So where are the pills now?Copy !req
146. I sold them.Copy !req
147. I like wine.Copy !req
148. First admitted, June '77.
Drug-induced psychosis.Copy !req
149. Again in '78, '79, right
through till last May.Copy !req
150. Most were for
court-order evaluations...Copy !req
151. two weeks treatment,
and out he goes.Copy !req
152. Oh, right, the miracle cure. I
read about it at the checkout stand.Copy !req
153. Hey, we don't
make the guidelines.Copy !req
154. Once a patient is no
longer a danger to himself...Copy !req
155. or to others, we
have to release him.Copy !req
156. Okay, but his prescription,
did you fill it here?Copy !req
157. Yes. He's supposed to
come in once a month.Copy !req
158. Okay. When was the last time?Copy !req
159. Last week. Sixty units, Lithium.Copy !req
160. Would he have to show ID?
No. Just his Medicaid card.Copy !req
161. Doc, in his file, does it say
anything about his friends...Copy !req
162. people he might know on
the outside? A peer group?Copy !req
163. No, socialization was
something he needed to work on.Copy !req
164. How about next of kin? Sharon
Kirk signed him out two years ago.Copy !req
165. When Dad had a heart attack, my
brother never showed up at the funeral.Copy !req
166. Three weeks later, we found
out he was living on the street.Copy !req
167. There'd been signs before.Copy !req
168. He had a routine, he
had his medication.Copy !req
169. He seemed to be well,
so they'd release him.Copy !req
170. Did he take his pills? Long as
he'd remember to, he'd be fine.Copy !req
171. When he stayed with
us, two years ago...Copy !req
172. I trusted him to
baby-sit my kids...Copy !req
173. and then one day he was gone.Copy !req
174. Back to Bedford Street?Copy !req
175. He said that was his home.Copy !req
176. He said it had something to
do with a sonic convergence.Copy !req
177. He tried to explain
it to me, but...Copy !req
178. You have any idea why
he had a pocketful of cash?Copy !req
179. No. He panhandled.
How much could he have?Copy !req
180. $2,200.Copy !req
181. What on earth was he doing...Copy !req
182. A couple of weeks ago...Copy !req
183. he sent me a check for $108.Copy !req
184. I figured it was worthless.Copy !req
185. He said it was for a doll he
broke when I was four years old.Copy !req
186. You still have the
check? I think so.Copy !req
187. Account was opened five weeks
ago with a balance of $15,000.Copy !req
188. Tax refund. I don't know.Copy !req
189. The account was set up for Mr. Kirk
as a trust, with a daily withdrawal limit.Copy !req
190. And Kirk maxed out the
limit. Withdrew $200 a day.Copy !req
191. $7,000 in five weeks.Copy !req
192. Faster than he could
smoke it. Who's the trustee?Copy !req
193. Richard Gillrich, Mental
Health Legal Advocates.Copy !req
194. His signature's required
on all withdrawals over $200.Copy !req
195. I'm amazed to see
you investigating.Copy !req
196. Mindless violence against the
homeless is business as usual.Copy !req
197. What about lawyers
and trust funds?Copy !req
198. Is that business as
usual for the homeless?Copy !req
199. If they're being
harassed, it is.Copy !req
200. Did you sue the CIA for
putting transistors in Kirk's head?Copy !req
201. We did even better than that. We
sued the residents of Bedford Street.Copy !req
202. Read our brief.Copy !req
203. They tried to have him
classified as an habitual offender.Copy !req
204. They tried to get him committed
to Friedland Psychiatric Center.Copy !req
205. Where he might've
gotten some help.Copy !req
206. Mr. Kirk felt fully capable of
deciding for himself what he wanted.Copy !req
207. I see you got him released
from the hospital last February.Copy !req
208. Took him home with you or
just left him on the sidewalk?Copy !req
209. Spare me the homilies.Copy !req
210. Mr. Kirk could've
afforded a different choice.Copy !req
211. The Block
Association insisted...Copy !req
212. on a gag order, but they
settled for $30,000 plus our costs.Copy !req
213. Half this year, half next.
Sounds like a shakedown.Copy !req
214. Next time I run out of
beer money, I'll call you.Copy !req
215. If your rights are being
violated, maybe you should.Copy !req
216. This Block Association.
It had assets?Copy !req
217. Individual members did.Copy !req
218. This was a civil rights issue.Copy !req
219. We have the minutes to
their Association meetings.Copy !req
220. The harassment was
clearly premeditated.Copy !req
221. I don't think you realize
what Mr. Kirk put us through.Copy !req
222. Well, then, he won't find a
vacancy in yuppie heaven.Copy !req
223. Too bad he lost his Gold card.
We tried kindness, Detective.Copy !req
224. The Block Association isn't interested
in putting the homeless just on the bus.Copy !req
225. We tried to find them public
housing, jobs... Now wait a minute...Copy !req
226. he picked your
pocket for $30,000.Copy !req
227. I mean, is there anybody on
the block that wants a refund?Copy !req
228. Everyone was outraged. We
thought he belonged in a hospital.Copy !req
229. But the doctors said his
problem wasn't mental...Copy !req
230. and the judges said
it wasn't criminal.Copy !req
231. Well, being homeless and
crazy isn't against the law.Copy !req
232. All right, maybe the guy
was a nuisance. Nuisance?Copy !req
233. Let me show you a nuisance.Copy !req
234. The last time a judge
released him from the hospital...Copy !req
235. our lawyer thought we should
follow Mr. Kirk around with a video...Copy !req
236. so the next judge would see
what we have to go through.Copy !req
237. Get out! Get out of
here! Get out of the street!Copy !req
238. I told you not to come around, didn't
I? What you doing in my street? Get out!Copy !req
239. Out of here!Copy !req
240. Crazy! This is my street! Bang!Copy !req
241. Hey.Copy !req
242. Out!Copy !req
243. Get out of here! Get out!Copy !req
244. I told you to get out! I
want you out now! Get out!Copy !req
245. Three weeks later, that nuisance
pushed a child into a busy intersection.Copy !req
246. Hey!Copy !req
247. Even the night
he was attacked...Copy !req
248. he was still at it.Copy !req
249. How's that?Copy !req
250. I was told he mugged somebody. Irene
Morrissey. Right in front of her house.Copy !req
251. Put her in the hospital.Copy !req
252. It was about 11:00. I was
coming home from an art class...Copy !req
253. and he just attacked me.Copy !req
254. Took my shopping bag, and
ran down the middle of the street.Copy !req
255. That bag, was there a
nightgown in it? Yeah.Copy !req
256. I had bought it that
afternoon from Bergman's.Copy !req
257. Why didn't you call the police?Copy !req
258. What's the point?Copy !req
259. Last time they arrested him, he
was back on the street two hours later.Copy !req
260. It happens, Mr. Morrissey.Copy !req
261. When he ran away, did
you see where he went?Copy !req
262. I went in the house. I was
upset. He nearly tore her arm off.Copy !req
263. I mean, we thought her
shoulder was broken.Copy !req
264. It's just a torn rotator
cuff. It'll be all right.Copy !req
265. And her face was bloody
where he scratched her...Copy !req
266. I took her to the emergency
room over at 12th Street.Copy !req
267. Did anybody see you get mugged?Copy !req
268. I wasn't paying attention.Copy !req
269. When we moved in
here four years ago...Copy !req
270. we used to leave
food out for this guy.Copy !req
271. You know, a homeless guy
gets attacked with a rebar...Copy !req
272. nobody calls the cops. Okay.Copy !req
273. But a woman gets mugged,
and still nobody calls the cops?Copy !req
274. Let's complain to the union. They're
trying to put us out of business.Copy !req
275. Yeah? Well, keep him
awake, okay? Thanks.Copy !req
276. Kirk's out of his coma.Copy !req
277. Oh, man, I hurt.Copy !req
278. Who are you?Copy !req
279. You don't live on
Bedford Street.Copy !req
280. Take it easy. We
work for the city.Copy !req
281. We're detectives. You
remember who attacked you?Copy !req
282. The other night, Roland.
In the alley on Bedford.Copy !req
283. Yeah, I know. It
was a bald woman.Copy !req
284. She jumped on my
chest. A bald woman?Copy !req
285. Yeah. In a flowered dress.Copy !req
286. Pounding on me and kissing me.Copy !req
287. Doc...Copy !req
288. are we wasting our time here?Copy !req
289. There is a hairline
fracture of his breastbone.Copy !req
290. I think he remembers
the paramedics...Copy !req
291. giving him CPR and
mouth-to-mouth breathing.Copy !req
292. You get a lot of bald women
on the ambulances these days?Copy !req
293. She was bald. She
had a flowered dress.Copy !req
294. You don't believe me,
ask Governor Cuomo.Copy !req
295. First of all, he's insane.Copy !req
296. Second of all, he was whacked
in the head with a metal bar.Copy !req
297. He's gonna make
a terrific witness.Copy !req
298. So what? You want us to call
off the search for bald women?Copy !req
299. I want you to find out what went on at
the meetings of the Block Association.Copy !req
300. $30,000 gets you
some strong opinions.Copy !req
301. Kirk's lawyer did say he
subpoenaed the minutes.Copy !req
302. Yeah, well, these people
might be mad as hell.Copy !req
303. But you really think one of them's
gonna whack him on the head with a rebar?Copy !req
304. Look at the minutes.
See who the hotheads are.Copy !req
305. Out of two hours, they
spent an hour and 45 on Kirk.Copy !req
306. "Kirk smashed my car window with
a brick, and urinated into the car."Copy !req
307. As of last month,
216 complaints.Copy !req
308. After 50, I'd call the realtor.Copy !req
309. And sell for peanuts when your
life savings is holding up the roof?Copy !req
310. This is a creative bunch.Copy !req
311. One guy thought seeding the
alley with broken glass would...Copy !req
312. keep Kirk from
sleeping there. Yeah.Copy !req
313. Well, he was a nightmare.Copy !req
314. Hey, Mrs. Bundy?Copy !req
315. The little old lady who told us she
couldn't hear anything from the alley?Copy !req
316. She complained here six times
that Kirk was keeping her awake.Copy !req
317. It was after midnight.
I was asleep.Copy !req
318. You told your neighbors you
couldn't sleep because of Roland Kirk.Copy !req
319. How do you know that?Copy !req
320. We're detectives, Mrs. Bundy.
We know how to find things out.Copy !req
321. Now why don't you
just tell us the truth.Copy !req
322. I was in bed. I heard voices.Copy !req
323. What were they
saying? I couldn't tell.Copy !req
324. Well, you didn't just go right
back to sleep though, did you?Copy !req
325. I got up. I looked down.Copy !req
326. I saw two men leaving the alley.Copy !req
327. One, I couldn't tell who it was.Copy !req
328. The other was
Dr. Creighton. The dentist?Copy !req
329. He went into his house,
through the back way.Copy !req
330. He was wearing his bathrobe.Copy !req
331. I didn't see anything wrong.Copy !req
332. The next morning,
after Kirk was found...Copy !req
333. didn't it occur to you
to say something?Copy !req
334. I didn't see anything wrong.Copy !req
335. Mrs. Bundy's a sweetheart.Copy !req
336. One evening last week, she
mistook me for her son-in-law.Copy !req
337. Night blindness, very
common among the elderly.Copy !req
338. Lying afflicts all age groups.Copy !req
339. Kirk ever give you any
trouble? I live here, don't I?Copy !req
340. Last spring...Copy !req
341. my 11-year-old son's
standing at the corner...Copy !req
342. waiting for the light to change.
Kirk shoves him out into traffic.Copy !req
343. It's a miracle he wasn't killed.Copy !req
344. Boy, if somebody messed
with my daughter like that...Copy !req
345. It crossed my mind. But
I'm not as crazy as he is.Copy !req
346. Creighton's bald, and he
was wearing a bathrobe.Copy !req
347. And he's trained to perform
CPR, so it fits what Kirk said.Copy !req
348. He said it was a woman.
Maybe Creighton kisses like one.Copy !req
349. Are you volunteering
to find out?Copy !req
350. The good people
of Bedford Street...Copy !req
351. have been putting up
one brick wall after another.Copy !req
352. Now, maybe we make an arrest,
maybe we shake something loose.Copy !req
353. Your eyewitnesses aren't reliable
enough to support an arrest warrant.Copy !req
354. How about a search warrant?Copy !req
355. You do CPR on a bleeding
victim, you're gonna get wet.Copy !req
356. Hey, that's right.Copy !req
357. Maybe Creighton got some
low-rent blood on his silk pajamas.Copy !req
358. Convincing a judge to play along
won't be a walk in the spring rain.Copy !req
359. I already looked
at the calendar.Copy !req
360. You got Judge Reisman or
Judge Talbert, take your pick.Copy !req
361. Reisman. I've gotten some
shaky drug warrants past him.Copy !req
362. This is your basis
for a search warrant?Copy !req
363. An elderly witness who wears
glasses? You can't be sure what she saw.Copy !req
364. She saw two things
the victim saw.Copy !req
365. A robe that could've looked
like a dress and a bald head.Copy !req
366. Creighton's a doctor,
he'd know CPR.Copy !req
367. If he worked on Kirk that night,
there'd be blood on his robe.Copy !req
368. Is that what you're looking
for? Evidence of CPR?Copy !req
369. I didn't know that was a crime.Copy !req
370. We're after bigger fish, Your
Honor. Attempted murder.Copy !req
371. Dr. Creighton's an
oral surgeon, not a thug.Copy !req
372. Judge, you ever had
your wisdom teeth pulled?Copy !req
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. "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.Copy !req
775. The system broke
down outrageously...Copy !req
776. but that's no reason to disregard
the laws of a civilized society.Copy !req
777. Now Mr. Morrissey, he
was frustrated and angry.Copy !req
778. And the night he
left that hospital...Copy !req
779. he found the perfect
device to express his rage.Copy !req
780. And he picked it up, and he
walked with it into the alley...Copy !req
781. and whatever was on his
mind, he had murder in his heart.Copy !req
782. He saw Mr. Kirk asleep.Copy !req
783. He shattered his legs,
he shattered his skull...Copy !req
784. and he left him there to die.Copy !req
785. Now, the law says...Copy !req
786. that you can use
physical force...Copy !req
787. to prevent your property
from being stolen.Copy !req
788. It does not say you
can murder a man...Copy !req
789. because the state won't
do anything about him.Copy !req
790. Yes, the people of Bedford
Street had their rights violated.Copy !req
791. Yes, Mr. Morrissey...Copy !req
792. he lost an article of clothing.Copy !req
793. But when he took the
law into his own hands...Copy !req
794. he lost all connection to what
every citizen must hold sacred.Copy !req
795. The rules, the laws...Copy !req
796. which we've all
agreed to live by.Copy !req
797. And when he struck
Mr. Kirk in his sleep...Copy !req
798. he became a menace to society...Copy !req
799. greater than Roland
Kirk ever was.Copy !req
800. On the first count
of the indictment...Copy !req
801. attempt to commit murder in the
second degree, how do you find?Copy !req
802. We find the
defendant not guilty.Copy !req
803. On the second count
of the indictment...Copy !req
804. assault in the first
degree, how do you find?Copy !req
805. Not guilty.Copy !req
806. On the third count
of the indictment...Copy !req
807. assault in the second
degree, how do you find?Copy !req
808. Guilty.Copy !req
809. Thank you very much,
Madam Forewoman.Copy !req
810. The jury is excused.
Show them out.Copy !req
811. I'm ready to deal with
the sentencing right now.Copy !req
812. Your Honor, please forgive me...Copy !req
813. but you are required to wait
for the pre-sentencing report.Copy !req
814. I'm gonna save the Department
of Corrections some ink.Copy !req
815. Sit down, Mr. Stone.Copy !req
816. Mr. Morrissey...Copy !req
817. the statute provides for
mandatory incarceration...Copy !req
818. for this crime.Copy !req
819. How much time
have you spent in jail?Copy !req
820. Two days. Pending
bail, Your Honor.Copy !req
821. Very well.Copy !req
822. I sentence you to time served...Copy !req
823. and two years'
probation. Probation.Copy !req
824. Your Honor, please
note my exception...Copy !req
825. and the People intend to appeal.Copy !req
826. Noted and overruled.Copy !req
827. Court is adjourned.Copy !req
828. Congratulations.Copy !req
829. Well, Judge Stein confirmed
the public's greatest fear.Copy !req
830. System fails once,
keeps on failing.Copy !req
831. That's not the public's
greatest fear. What is?Copy !req
832. That Roland Kirk'll move
into their neighborhood.Copy !req