Law & Order - Sunday in the Park With Jorge   View more episodes

Aired at 05:00 PM on Wednesday, Jan 06, 2010 (1/6/2010)      View all transcripts from this day


00:00:02We need to take a look at all of her friends and acquaintances.
00:00:06What about her husband?
00:00:07Anyone think to look at him?
00:00:09Martin, please.
00:00:10We don't think he had anything to do with it.
00:00:12To the whole world, including my wife, ethan was this great catch.
00:00:17The way I see it, he was the lucky one.
00:00:20He got the great catch, not her.
00:00:22Do you think he'd do anything to hurt her?
00:00:25Absolutely not.
00:00:25Martin: Except that he wanted out of the marriage.
00:00:28Green: How do you know that?
00:00:29Because my daughter told me.
00:00:31He met someone else.
00:00:33He wanted out of the marriage, but she wasn't about to beg him to stay.
00:00:37Had she been to a lawyer?
00:00:39You better believe it.
00:00:44So there was enoughfor both of them to walk away with a bundle?
00:00:47No question.
00:00:48Gee, now, I've heard that an angry spouse can sometimes think any number's not enough.
00:00:53Yes. I've also heard of that happening.
00:00:55So how much was susan looking to bleed him for?
00:00:57That might be the wrong terminology to use when talking to her matrimonial attorney.
00:01:01Go ahead. use any terminology you want.
00:01:03Susan wanted, and was entitled to, an accurate evaluation of ethan's company.
00:01:08Sometimes that's provided willingly.
00:01:10Sometimes it's not.
00:01:11Well, let's say nothing was done willingly, that the divorce gets as nasty as a divorce can get.
00:01:17What happens to the company then?
00:01:19Worst-case scenario, the company is sold, the proceeds split.
00:01:23Was it headed that way?
00:01:24Susan had a lot of anger.
00:01:26She wasn't going to make it easy.
00:02:33and 64 caloriesof Michelob Ultra Enjoy.
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00:04:50Pleaded out to robbery or assault.
00:04:51The most they're looking at is 18 months.
00:04:53Well, it might be worth taking a harder look at the husband.
00:04:59Briscoe: Not so far.
00:04:59See, he was a little too intent on making us think his marriage was in good shape.
00:05:02Turns out his wife had gone to see a lawyer, and she was all set to take him to the cleaners.
00:05:07Sounds like motive to me.
00:05:14Teitel: Can I help you?
00:05:15We need to talk to ethan here.
00:05:16Is there someplace we can go that's a little more private?
00:05:19Yeah, we can do it right here.
00:05:21Uh, seth, would you excuse us, please?
00:05:28You and your wife were getting a divorce?
00:05:30What's the relevance of that?
00:05:32I don't know.
00:05:32It just seems like something you would have mentioned along with the fact that you two were like " we were told that her demands might lead to your company being broken up.
00:05:40Are you thinking that I murdered her to prevent that from happening?
00:05:42We've seen people murdered for a lot less.
00:05:45So you want me to provide you with an alibi?
00:05:49Sunday morning, I was at my apartment on the telephone with my people in san jose.
00:05:54Around noon, I met a friend at barney's, made a couple of purchases, had some lunch, went to a japanese animation show, then went home.
00:06:04I've got credit card receipts.
00:06:06You're free to look at them.
00:06:07Who's the friend you met at barney's?
00:06:09Green: We're just trying to get a sense as to whether ethan's marital situation played a role in his wife's death.
00:06:14As in, ethan killed her?
00:06:15Well, not necessarily ethan himself.
00:06:16Maybe somebody trying to get in good with ethan.
00:06:19Guys with that much money tend to attract opportunists.
00:06:21Would you be including me under that general heading?
00:06:24I wouldn't include you under any heading.
00:06:26I don't know you that well.
00:06:27Yeah, you guys are famous for not making snap judgments.
00:06:30Whatever you think of me, though, ethan had absolutely nothing to do with his wife's death.
00:06:33He's as gentle a soul as I've ever known.
00:06:35So he's not responsible for those bruises on your neck.
00:06:39I didn't realize I was being physically examined.
00:06:42It's another thing we're famous for.
00:06:45Ethan didn't do this.
00:06:47It was his friend seth.
00:06:48He attributed ethan's marital problems to me.
00:06:51To use his words, " and did he say that to you with his hands around your throat?
00:06:57Just before.
00:06:58I made the mistake of laughing.
00:07:00That's when he put his hands around my throat.
00:07:03Briscoe: Seth has to have a pretty big stock position in the company. no doubt.
00:07:07Which means if the company gets broken up in a divorce, he loses big.
00:07:10As does ethan's girlfriend.
00:07:11 if she really wanted to set herself up for life, she'd cover for ethan.
00:07:15Why don't we get that doorman in, see what he has to say about her.
00:07:18Yeah, maybe we'll get lucky, and he's made an entry in his official dick tracy notebook.
00:07:25You ever notice ethan with any other women?
00:07:28Oh, a goomah, in other words?
00:07:30Anyother women.
00:07:31Kevin: None that springs to mind.
00:07:33Hey, they've done away with the safe and loft squad, am I right?
00:07:37Yup, right.
00:07:38Hey, you know anything about ethan going out on sunday?
00:07:40 I don't recall any of the usual limo drivers he used as showing up.
00:07:45Did he go out on foot?
00:07:47It's a possibility.
00:07:47Are you maybe liking him for the homicide?
00:07:50Gee, kevin, I don't know.
00:07:52So far, his alibi holds up.
00:07:53Why? you think we should like him?
00:07:54Ordinarily, you got to always like the husband.
00:07:57This one might be a little too much of a wet noodle to pull it off.
00:08:01Briscoe, green, in my office.
00:08:04Well, thanks for coming in, kevin.
00:08:06We really appreciate it.
00:08:10I ask you to make this guy feel taken care of, and you make him a suspect?
00:08:14We're going where this investigation takes us, chief.
00:08:17Which is exactly what you're supposed to be doing, lieutenant.
00:08:20Downtown just finds it a bit hard to fathom why your guys are so focused on the victim's husband when there's no history of domestic abuse, no criminal record, no nothing.
00:08:28Green: Hey, there was a nasty divorce about to happen.
00:08:31And that makes it likely, in your mind, for a guy like this to do a murder?
00:08:35It makes it worth looking into, yes.
00:08:37Van Buren: Chief, we still have a lot of work to do.
00:08:41Do us all a favor-- find out it was one of the punks from the parade.
00:08:47So nice to have the support of the job.
00:08:49Is ethan the only one you like at this point?
00:08:51Either ethan or his friend.
00:08:52What friend? his friend seth.
00:08:54He stood to lose a fortune of his own in a divorce.
00:08:56Plus he tried to strangle ethan's girlfriend.
00:08:58Briscoe: Plus he seems like half a whack job.
00:09:01Hey, the doorman said that ethan didn't take the limo on sunday, right?
00:09:04Maybe seth did.
00:09:05Listen. do what you have to do.
00:09:07Not what the chief wants us to be looking at.
00:09:10The chief's not running this investigation.
00:09:15Green: The dispatcher told us you drove this guy seth teitel on sunday.
00:09:20Yeah, right. that's right.
00:09:21Do you have it in your trip log where you went?
00:09:23 I didn't keep a trip log.
00:09:25Briscoe: You happen to remember where he had you drive him to?
00:09:29I picked him up at his apartment around 79th and columbus.
00:09:32I took him down to his office.
00:09:34I remember he wanted to stop at a newsstand.
00:09:36I remember he wanted to look at guitars in a store window.
00:09:39He went up to central park and had me drop him by the rowboats.
00:09:45Briscoe: You and ethan go way back, huh?
00:09:48We went to m.i.t. together.
00:09:49You were with the company from the ground up.
00:09:52Can I ask what your point is?
00:09:53My point is, if susan caused the breakup of the company, you had a lot to lose.
00:10:00And so I murdered her?
00:10:01When's the last time you saw her?
00:10:04I don't know.
00:10:05A month ago?
00:10:073 Weeks ago?
00:10:07Green: Seth, you're a smart guy.
00:10:09Ask yourself-- "are they asking me questions they already " what do you mean?
00:10:15Ask yourself-- is there proof that you saw susan not a month ago or 3 weeks ago, but the very same day she was killed?
00:10:23I did not kill her.
00:10:24 ask yourself-- "did someone see me at the exact same spot " did someone see me?
00:10:32Now ask yourself-- what would your answer be if they did?
00:10:42We arranged to meet at the lake.
00:10:46She rowed up to the shore, got out, sat on a bench.
00:10:51I told her how much the company meant to ethan and me.
00:10:55I tried to talk her out of destroying something just for the sake of destroying it.
00:10:59I thought I was actually beginning to make sense to her.
00:11:01All of a sudden, these guys started running down the hill, yelling, spraying people with water, so susan told me that I should go get a cop, so that's what I went to do, but there were no cops.
00:11:14You guys were completely absent from the park that day.
00:11:18That isn't the same story you told us before.
00:11:21I was ashamed.
00:11:22I was afraid ethan would never forgive me.
00:11:26I was also afraid that you would think that I'd killed her and that I was making the whole thing up.
00:11:36Good call.
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00:15:51Is that there's people at city hall or in albany micromanaging the way this case is handled.
00:15:56Now, why would we think that, donny, other than the fact that you're here?
00:16:00As you know, there was considerable public outcry that the cops didn't do more by way of responding to the wilding in the park.
00:16:07There'd been some hope that an effective prosecution in this case would offset that.
00:16:12We're anticipating that there will be an effective prosecution.
00:16:15But it's not a prosecution of one of the individuals involved in the wilding.
00:16:19That's because we don't have the necessary evidence to prosecute any of those individuals.
00:16:23Sounds like the only evidence you've got against seth teitel is circumstantial.
00:16:27That's usually the case with homicide.
00:16:30 look, I'm all for a level playing field, justice being color-blind, et cetera.
00:16:35We had hoped to use this trial to punish one or more of these puerto ricans who went nuts in the park that day.
00:16:41If we can't, we can't.
00:16:42What I need to be able to report back is that you're all absolutely convinced that you got the right guy.
00:16:49We wouldn't be prosecuting him if we weren't.
00:16:56Woman: Ethan and sethwere very close, although, I think in seth's mind, they were closer.
00:17:00 she has no idea what was in seth's mind.
00:17:04Did seth ever personally indicate he felt threatened by ethan's impending divorce?
00:17:09He said that if the company was dissolved in a divorce, then his stock options would be worthless.
00:17:14What role, if any, did he assign to you?
00:17:17He held me responsible, along with susan.
00:17:20How do you know that?
00:17:22One day, he found me doing something on ethan's computer, and he went crazy.
00:17:29He started choking me, saying that everything was perfect until I set my sights on ethan.
00:17:36If it would keep the company from going down the tubes and him from moving back into his parents' house in rockville centre, then he'd risk getting sent away for murder.
00:17:48Nothing further.
00:17:53Is it possible you saw seth as a rival, miss bergman, and that's why you're up here testifying against him?
00:17:59I think ethan was pretty squarely in the heterosexual camp, if that's what you're referring to.
00:18:04Actually, I was thinking more to the point that you were driving a wedge between ethan and his wife and ethan and his friend in order for you to claim the power and the money you were seeking.
00:18:13Objection. speculative.
00:18:17Did you send this e-mail to ethan?
00:18:26Ask that it be marked into evidence.
00:18:29So ordered.
00:18:32"Hey, snakeskin, "can't wait till I'm next to you at the controls.
00:18:37"I hope it's not too bigheaded of me "to think I have something to offer, "especially once you shed some excess baggage.
00:18:44"Don't take this to mean I'm not happy now.
00:18:46"It isn't everyone who has their very own boy genius crawl into their lap to gonigh, nigh, nibby, " stop it.
00:18:55Sit down, mr. teitel.
00:18:56I don't want you embarrassing my friend ethan this way.
00:18:58Just stop what you're doing.
00:19:09Witnesses getting antsy?
00:19:09 I gave them all crayons and coloring books.
00:19:12They'll be fine.
00:19:13See you in there.
00:19:15Hey, guys.
00:19:16I have a witness you might be interested in.
00:19:18Who's that?
00:19:19Name's kiki morales.
00:19:20He was one of the wild bunch in the park.
00:19:22Pleaded out to assault and robbery.
00:19:23Started serving his sentence, saw your guy's picture in the paper, got in touch with me, said he recognized him from the park, can place him in the rowboat.
00:19:31How long does it take to get him down here?
00:19:33I took the liberty. he's here already.
00:19:35Interview him. see what we've got.
00:19:37Yeah, no problem.
00:19:40McCoy: Where were you on the afternoon of sunday, june 11, mr. morales?
00:19:44I was at the puerto rican day parade.
00:19:45Then I went to central park.
00:19:47Where in central park were you?
00:19:49The lake.
00:19:49What, if anything, did you see there?
00:19:52That gentleman seated right there.
00:19:55He jumped out of a rowboat and walked by me in a big rush.
00:19:59There were a lot of people in central park that day.
00:20:01How sure are you it was the defendant?
00:20:04There weren't any other people jumping out of rowboats and running.
00:20:07And I saw his picture in the paper.
00:20:09There's no doubt in my mind.
00:20:11That's the same guy.
00:20:13Nothing further.
00:20:16Briscoe: Your witness is lying.
00:20:17I questioned him after he was collared.
00:20:19He swore up and down he never went past the zoo.
00:20:22Well, maybe he was lying then.
00:20:24Maybe he was.
00:20:25Maybe he lies whenever it's in his interest to lie.
00:20:26What's he getting for testifying?
00:20:29Time served.
00:20:30A full year off his prison sentence.
00:20:34McCoy: Even if he told the truth on the stand, of his statement to briscoe, which means his credibility is shot, along with ours.
00:20:44How did this happen?
00:20:45There was nothing in his statement that said the zoo was the only place in the park he went.
00:20:49On the face of it, there was no contradiction.
00:20:51Obviously, we were happy to have eyewitness testimony.
00:20:54Oh, this is gonna get ugly.
00:20:56Yes, it is.
00:20:57They're gonna come after us for everything.
00:21:04City failing to act, me not doing my job-- all of it.
00:21:09I should have talked to briscoe.
00:21:10I shouldn't have relied solely on the statement he gave me.
00:21:13We need to find out where morales really was and what, if anything, he actually saw.
00:21:18How do we do that?
00:21:20Stick him in a room with briscoe and green.
00:21:23That's the trouble with lying, kiki.
00:21:25You have to remember to tell the same lies to the same people.
00:21:29Look. I don't do time so good, all right?
00:21:30I got a sick mother. I got asthma.
00:21:32You should think about your sick mother and your asthma before you go on your next crime spree.
00:21:35I get loaded, I don't think about nothing.
00:21:37Briscoe: Yeah?
00:21:38Well, think about this.
00:21:39You just added perjury to your list of felonies.
00:21:42 I didn't do no perjury by saying I saw the guy.
00:21:44By saying you saw him by the lake.
00:21:46Ididsee him by the lake.
00:21:47So you perjured yourself by saying you didn't go past the zoo.
00:21:50That wasn't on the stand.
00:21:50We're gonna prove that you lied on the stand, kiki, and you know what that means?
00:21:555 More years at greenhaven.
00:22:01What if I told you guys the truth?
00:22:03Yeah, what if you do?
00:22:04Would it help?
00:22:05Yeah, couldn't hurt.
00:22:09 bunch of us were-- were down at the lake, right?
00:22:12We saw the girl in the boat, and then we started throwing things at her.
00:22:14She got upset, rowed to shore, and said something.
00:22:17Then this guy nestor jumped in the boat with her, and they got into it.
00:22:20Problem is, kiki, that you're completely useless as a witness now.
00:22:24The jury isn't gonna trust you to give them directions to the men's room.
00:22:27I think you're wrong about that, man, because I can be totally sincere when I got to be.
00:22:31Now, who else saw nestor in the boat?
00:22:34A bunch of us saw him.
00:22:35Anybody who isn't currently doing time?
00:22:40There is one guy.
00:22:41The puerto rican day parade in june-- do you remember what you were doing?
00:22:46I was there, I watched it, I hung out for a while and went home.
00:22:49Let me try to save us some time here, david.
00:22:50 you're in no real strong position to be playing cat and mouse.
00:22:53We have somebody that has you at the park, by the lake, witnessing a woman being beat to death.
00:22:58I stopped him from beating her.
00:22:59So, you knew the one on trial is innocent?
00:23:01I figured with his money, he'd get off.
00:23:03AND I'M SURE THE D.A.'s OFFICE Isn't gonna connect you up as an accessory.
00:23:07I mean, the fact that you were in the boat and that you didn't come forward, none of that's gonna be a problem for you, huh?
00:23:12I never so much as been arrested.
00:23:14I have two kids. I have a job.
00:23:15What are you doing to me?
00:23:17 we're ready to send you to prison.
00:23:18The only thing you got working in youfavo IS THE D.A.'s IN A BAD SPOT.
00:23:21Now, they might be inclined to cut you some slack ifthey believe you.
00:23:25Any way you can help yourself here?
00:23:29There's this woman who might be able to i.d.
00:23:32They'll believe her.
00:23:34Why you asking me this now?
00:23:36Green: Well, we received some information that leads us to believe that we arrested the wrong guy.
00:23:42Except now it's been a while.
00:23:43Briscoe: If you're not sure, you're not sure.
00:23:45We're not trying to talk you into anything.
00:23:47I told david I didn't want to be doing nothing like this.
00:23:50I was pissed off, but I didn't want to get involved in the whole thing like this.
00:23:53All we want you to do is take a look at a photo array and tell us if you see the guy.
00:23:56If you don't, you don't.
00:24:19What do you guys want?
00:24:21We want to arrest you.
00:24:22We just don't want to do it in front of all these people.
00:24:24Arrest me for what?
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00:28:35" you told me you did.
00:28:37At the time, everything pointed to seth teitel as the killer.
00:28:43I went to the mayor, and I told him that he should go to the leadership of the hispanic community, assure them that no one from their constituency was being targeted.
00:28:51No one has been targeted.
00:28:54He gave them his word, nora.
00:28:55What do you want us to do, donny?
00:28:56Ignore evidence of this defendant's guilt because we made a mistake?
00:29:04Even worse.
00:29:04This administration had the political high ground on this one, and your people just pissed it away.
00:29:11Tell the mayor I'd be happy to meet with anybody he thinks would be beneficial.
00:29:14It's not gonna be that easy.
00:29:15These bridges we tried to build with the minority communities are not too sturdy, so it's gonna be damn near impossible to mend them now.
00:29:23What if you attack my decision to prosecute in the press?
00:29:26That would put you back on dry land.
00:29:28And what would be your response?
00:29:30No response.
00:29:32Turn the other cheek.
00:29:32And I assume you'll have someone reach out to this dot com guy, express our sincere apologies?
00:29:41And it was sincere.
00:29:44No one is looking for any scalps, nora.
00:29:48You understand.
00:29:49I do, completely.
00:29:53MR. McCOY.
00:29:57That was fun.
00:29:59Good to know they're consistent.
00:30:01I'm sorry about the political capital I just cost you.
00:30:05There's no need to apologize to me.
00:30:08I do need a conviction.
00:30:10What are the chances of that?
00:30:12The defense is making noises about this kid's i.q.
00:30:16Anything to it?
00:30:17From the videotape?
00:30:19He was smart enough to enjoy the parade.
00:30:22Let's make sure the jury sees it.
00:30:26[Shouting] [turns tv off] state your objections, counselor.
00:30:34My objection is that the tape is prejudicial rather than probative.
00:30:37It's inflammatory and has nothing to do with the crime charged.
00:30:40We'd argue the tape establishes the presence of the defendant at central park at the time-- a fact already stipulated into the record.
00:30:45But more importantly, it establishes a sequence of events related in cause and effect to the eventual murder of susan capp.
00:30:52I KNOW THAT'S WHAT MR. McCOY WANTS TO CONVEY To the jury, but I would argue strenuously that the laws of evidence don't permit him to do that.
00:30:58The events on the tape are sufficiently related to the crime charged.
00:31:02The tape comes in.
00:31:08McCoy:WHAT WERE YOU DOING ON SUNDAY, JUNE 11, mr. stenopolis?
00:31:11I like to videotape things-- events around the city and whatnot.
00:31:14Sometimes you see famous people, like, uh, like last week, I videotaped steve martin walking down madison avenue.
00:31:21And sometimes it's just pretty girls like you see in new york every day.
00:31:24Were you in central park with your video camera following the puerto rican day parade?
00:31:28Yes, I was.
00:31:29Was the tape we're about to see made in that location on that date?
00:31:33Yes, it was.
00:31:34The defense raises objection to the showing of this tape, your honor.
00:31:37Judge: Objection overruled.
00:31:39MR. McCOY?
00:31:41[Starts videotape] [shouting] [woman screaming] I would draw the jury's attention to the individual in the right-center of the frame and ask that he be identified as the defendant.
00:32:06McCoy: guzman, what happened to you while you were walking through the park?
00:32:15I was passing a group of men.
00:32:18They said something.
00:32:19I ignored them.
00:32:21Then one of them grabbed me.
00:32:26Another one splashed me with water.
00:32:30Then they surrounded me, tearing at my clothes, .. of them put his hands on my breasts and his tongue in my ear.
00:32:47That was nice.
00:32:49What did you do?
00:32:50I tried to fight them off with my fists, I kicked at them, whatever I could do.
00:32:54Do you see any of those individuals in this courtroom?
00:32:59Let the record show that the witness identified the defendant, nestor salazar.
00:33:04Judge: So ordered.
00:33:05Where were you in the park when this attack occurred?
00:33:08Near the lake with the rowboats.
00:33:13Nothing further.
00:33:16 salazar do to you, ms. guzman?
00:33:20He was one of the group that attacked me.
00:33:24Listen carefully to the question.
00:33:26What specifically did mr. salazar do to you?
00:33:32He was there.
00:33:34I'm not sure what he did-- did you see mr. salazar attack susan capp?
00:33:38No, but I saw him running down to the lake.
00:33:43But did you at any time see mr. salazar with susan capp?
00:33:53I didn't.
00:33:55Thank you.
00:33:56No further questions.
00:34:03I knew nestor and the rest of these guys from the projects, and nestor's brazilian.
00:34:08Sometimes I think he tried too hard to prove that he was down with the neighborhood.
00:34:14He wanted to fit in.
00:34:16When I saw him and these other guys spraying the girls with water, I went over to them and tried to chill them out a little bit.
00:34:23Well, they showed me enough respect that they stopped.
00:34:26Was that the last time you saw them that day?
00:34:29I had my kids with me.
00:34:30I was buying them ice cream.
00:34:32One of the guys with nestor came running over to me and said nestor was flipping out.
00:34:36I went over and saw him in a rowboat, banging this woman's head against the side.
00:34:42McCoy: What did you do?
00:34:43I ran into the lake, climbed on the boat, and pulled him off her.
00:34:48I didn't know how bad she was hurt.
00:34:49I didn't know she was going to fall in the water and drown.
00:34:52I needed to get nestor out of there.
00:34:54I needed to look after my kids.
00:35:00I never got back.
00:35:10My client wants a deal.
00:35:11McCoy: What's he offering?
00:35:12To plead to negligent homicide.
00:35:14You're dreaming.
00:35:15He's willing to do time.
00:35:16Carmichael: Negligent homicide won't get him more than a year.
00:35:19And how much time do you think he deserves?
00:35:20What we're charging him with-- man two-- that ought to give you some idea.
00:35:24You guys finally got the defendant you wanted, didn't you, huh?
00:35:27Even though the kid's not puerto rican, he looks like he could be puerto rican.
00:35:30I mean, brazil is still latin america, right? long as he's latino, you got exactly the right kind of head on your stick.
00:35:38I don't care what kind of head I have on a stick.
00:35:41All I care about is did he do the crime?
00:35:44Yeah, right.
00:35:48Woman: My brother's a follower.
00:35:50He gets together with his so-called friends, he does what they do.
00:35:52Have you known your brother to be violent before?
00:35:56Have you known your brother to be abusive or threatening towards women before?
00:35:59My brother respected women.
00:36:01He grew up in a house with strong women.
00:36:03He would not have gotten away for a second if he did anything but respect women.
00:36:07That's true for his mother, his aunt, his cousins.
00:36:11The women in his family?
00:36:13Nestor didn't start going out with girls till he was 17 years old.
00:36:17He was real shy.
00:36:18My girlfriends would come over, and he would be too embarrassed to speak.
00:36:22Finally, he started going out with this girl, and it was the sweetest thing you ever saw.
00:36:26He'd open doors for her, hold hands with her.
00:36:29I remember once, coming into the room, hearing his friends laughing at him because he hadn't nailed her.
00:36:35He shrugged, took the abuse.
00:36:37All he said was they were waiting.
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00:39:56McCoy: The defense is presenting its case.
00:39:58Well, I know that, but they seem to be making this hispanic kid the victim, like we should all feel sorry for him because maybe some of his buddies made too much fun of him when he was young.
00:40:08It's not an unusual tactic for a defendant to play to the sympathy of a jury.
00:40:12Especially with the testimony of a family member.
00:40:15And what about sympathy for our daughter?
00:40:18When do we get a chance to tell them who she was?
00:40:21The system doesn't work that way.
00:40:24Well, it damn well ought to.
00:40:27Before they write her off, they ought to know how special she was.
00:40:33We had to have a closed coffin.
00:40:40If who our daughter was truly isn't relevant in that courtroom, then make that jury see that it wasn't just susan who was attacked that day.
00:40:50It was their daughters, too-- ..
00:40:56Maybe they'll care about that.
00:41:01Salazar: All day, these guys had been riding me about not joining in.
00:41:05I hung back when they were robbing the vendors.
00:41:07I hung back when they were getting the girls wet with water bottles.
00:41:10If your friends were doing these things, why weren't you?
00:41:14I didn't feel right.
00:41:15I knew my friends didn't necessarily mean to hurt anybody.
00:41:18They were just getting caught up in things.
00:41:21But I didn't-- I didn't feel right.
00:41:24When you got to the lake, what happened?
00:41:27Like I said, all day, they had been riding me, so when I saw this girl in a rowboat, I figured I'd make like a pirate and show my friends I could do stuff, too.
00:41:37And what did you do?
00:41:38I--i jumped into the rowboat.
00:41:40I tried to splash the girl to get her wet, like my friends did with those other girls.
00:41:44I tried to get her wet so her body would show through her clothes, like my friends did with the other girls, but then she stood up and slapped me in the face, ..
00:41:55I--i didn't realize that when I jumped into the boat, and the next thing I knew, my friends were watching me get beat up by this girl.
00:42:04So I grabbed her, and I banged her head back, back, and back.
00:42:10The next thing I knew, someone was pulling me off of her, and she jumped off the boat into the water.
00:42:18When you went into that boat, nestor, did you mean to hurt her?
00:42:24Did there come a point on the boat when you thought she was gonna hurt you?
00:42:30Did it ever occur to you that what you were doing would bring about her death?
00:42:34No. god, no.
00:42:40Your witness.
00:42:41Are you familiar with the new york city subway system, mr. salazar?
00:42:47Did you know how to get home from central park on your own?
00:42:53Then I wonder why it didn't occur to you, when your friends were doing what they were doing, to leave.
00:42:58We came together.
00:42:59I figured we'd leave together.
00:43:03Even though you were uncomfortable, so you say, with your friends robbing vendors and attacking women, you decided to stick around because that was less uncomfortable for you than leaving?
00:43:15I know now that I should have left.
00:43:17But if you'd left, you wouldn't have been able to show your friends how tough you are.
00:43:21Objection, your honor!
00:43:23Judge: Sustained.
00:43:26How many times did you bang susan capp's head against the side of the boat, mr. salazar?
00:43:35I don't know.
00:43:37More than once?
00:43:41More than twice?
00:43:44More than 10 times?
00:43:47Because someone pulled you off.
00:43:49I didn't know what I was doing.
00:43:51You just knew that you wanted to do it in front of your friends.
00:43:58I have no further questions.
00:44:10Defense lawyer:THE EVENTS FOLLOWING The puerto rican day parade shocked and horrified us.
00:44:15We watched young men engage in brutal and bestial behavior, and we felt, correctly, that they must be punished.
00:44:23We in the puerto rican community felt this no less than anyone else.
00:44:27We felt a particular sense of revulsion and dread because we knew it would be held against all puerto ricans.
00:44:33We knew that our parade, our joyful expression of our culture and our pride, would forever be linked to events that had nothing to do with it.
00:44:42Now, the prosecution has worked very hard to establish a link between those events and the crime for which the defendant is charged.
00:44:49They would only be too happy to turn your shock and your horror into a blind reflex of vengeance directed at the defendant.
00:44:57And I'm gonna be quite honest with you.
00:45:00That's a very hard thing to resist, but it's also the very essence of your responsibility as jurors to do so.
00:45:07There is no question that this young man did something very wrong that day.
00:45:14This woman's death is a tragedy, and it must be answered for, but it was not manslaughter.
00:45:21Nestor salazar acted foolishly and impulsively and negligently, but he did not commit manslaughter, and your sworn oath requires that you find him not guilty of that.
00:45:41McCoy: The defense would like you to see nestor salazar as a follower, a hanger-on, a timid, polite boy who was compelled to commit this horrible crime by the stronger personalities of his friends.
00:45:54They were the ones robbing the vendors and sexually assaulting the women, egging him on to commit an act of violence wholly uncharacteristic of him and accidental in nature.
00:46:05Well, there's no question that what we saw in the park that day was the behavior of a mob-- not an hispanic mob, not a puerto rican mob, just a mob, with all the false bravado and anonymity that provides.
00:46:23But a mob is made up of people, and we hold people responsible for the consequences of their actions.
00:46:31The consequence of the defendant's action is that a woman is dead.
00:46:37We can dispense with the discussion of who in this group was less of a bad person or more of a bad person.
00:46:43We can focus-- wemustfocus-- on what was done, on what he did.
00:46:49What happened that sunday afternoon in central park in june was the suspension of civilization.
00:46:57This is when civilization gets restored.
00:47:01This is how it gets restored.
00:47:07Find him guilty of manslaughter.
00:47:19Judge: Has the jury reached a verdict?
00:47:20Woman: We have, your honor.
00:47:22What say you?
00:47:23We find the defendant guilty of manslaughter in the second degree.
00:47:27[Gavel bangs] McCoy: Her parents are heading back to boston tonight.
00:47:47I promised them we'd make arrangements to fly them down for sentencing.
00:47:51I'm surprised they're willing to come back.
00:47:53We started off with a white guy, put a brazilian behind bars for what happened at the puerto rican day parade.
00:47:59New york city-- the melting pot.
00:48:14By 2 separate yet equally important groups-- the police, who investigate crime and the district attorneys who prosecute the offenders.
00:48:21These are their stories.
00:48:24Did you talk to mr. m. about the fridge?
00:48:25He says we can take it when we're through today.
00:48:28Freddy's cousin is coming with a truck later.
00:48:32It's staying.
00:48:34That figures.
00:48:35It probably doesn't work anyway.
00:48:38Oh, my god. eddie!
00:48:45Asian male, late forties, multiple blows to the face and head.
00:48:48 the back of his head is crushed in.
00:48:51How long has he been dead?
00:48:52Rough guess-- since last night, but it's hard to tell.
00:48:54 body's been sitting in a puddle.
00:48:59Just 30, 40 bucks cash, small change, and 2 soggy restaurant receipts.
00:49:02The writing is smudged from the water.
00:49:05Let me see.
00:49:06It looks like chinese.
00:49:08Maybe that's his bike.
00:49:09Who lives here?
00:49:10It's vacant.
00:49:11The guys who discovered him were the painters.
00:49:13And he was found covered like this, with the blanket?
00:49:15Same blanket fibers are on the door frame, and there's some blood spatter.
00:49:19He was done here.
00:49:19 round up the super, the handyman, whatever, and close all of this off.
00:49:24Why would a guy make a delivery to an empty apartment?
00:49:27Maybe he got dragged down there.
00:49:29Or pushed down.
00:49:29I want you to check with all the local chinese takeouts.
00:49:32See if we can find out who this guy was.
00:49:34 he must have been locking up and got jumped before he could finish.
00:49:39Well, he's finished now.
00:50:02Yb yes, I hear progressive has lots of discounts on car insurance.
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00:50:41There's no discount for agreeing with me.
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00:51:2264calories Cheers Cheers (announcer)MGD64 crisp, fresh, draft beer taste with only 64 calories ..
00:53:12Owned the restaurantalmost 10.
00:53:14I'm very sorry, mrs. ngai.
00:53:16We'll tryand keep this short.
00:53:18Thank you.
00:53:19We do have a few questions,if you don't mind.
00:53:22Now, you didn't reportyour husband missing last night?
00:53:25I thoughthe was sleeping here.
00:53:27Has he done that before?
00:53:29Many times.
00:53:30On saturday,we open early.
00:53:32I don't like him to drive homeso late by himself.
00:53:37By himself?so, you'd left already?
00:53:40We were slow.
00:53:41It was raining.
00:53:44My husbandsent me home.
00:53:46What time was that?
00:53:49Who else was hereafter that?
00:53:51Oh, jenny, my niece.
00:53:53She takes the orders,works the register.
00:53:58When you left, was that the last timeyou spoke to your husband?
00:54:04..about 11:00, to make surei got home ok.
00:54:09Why didn't hego with you?
00:54:11My husband works15 hours a day, 7 days a week.
00:54:17Tommy never likedto close.
00:54:22Thanks, mrs. ngai.
00:54:24Girl: My uncle sent mehome around 11:30.
00:54:26This probably came inafter I left.
00:54:28Uncle tommy must havetaken the orders himself.
00:54:30What aboutsome other record of the addresses?
00:54:32I always write themdown on the ticket and on the receipt, but there'snothing here.
00:54:38Uni's canvassed the buildingand the 2 buildings adjacent.
00:54:412 People ordered chinese,but from different restaurants.
00:54:43Both of themgot their food.
00:54:45So, where was he going?
00:54:46We think it'sa little coincidental that the vic gets killedbelow street level in front of an apartmentthat nobody lives in.
00:54:51Well, if that's true, the perp had to knowthe apartment was vacant.
00:54:54And had accessto a phone.
00:54:55Which doesn't meanhe actually lives in that area.
00:54:57Preliminary forensicson the blanket-- it looks likethe contents of a sewer.
00:55:02A homeless guy.
00:55:03The areain front of that door might have madea nice little shelter.
00:55:06ALL RIGHT.PULL THE L.U.D.'s From anypay phones nearby, and let's talkto the tenants again, see if anyone sawsomeone hanging out last night.
00:55:14Last night, no,but there's a guy who sleepsdown there sometimes.
00:55:17I see himevery once in a while on my way to workin the morning.
00:55:20How long has that been?
00:55:21..i'd saya couple months.
00:55:23Did you geta good look at him?
00:55:25 I mean,who wants to make eye contact?
00:55:28But I hear the tenantthat used to live there had trouble with him.
00:55:32You know this tenant?
00:55:32No. young kid.nice enough. quiet.
00:55:35Lived withhis girlfriend.
00:55:37Any ideawhere they moved to?
00:55:37No. I'm surethe landlord can tell you.
00:55:40Doorman makesall the difference, you know.
00:55:43I couldn't even getpackages before.
00:55:44Had to goto the post office.
00:55:45What aboutthis homeless guy?
00:55:47Late fifties, I think. white guy.
00:55:48Woman: Yeah, we'd open the door to go to work, and he'd just be there.
00:55:51So you moved out?
00:55:52We called the police a couple of times.
00:55:53They even got him to leave once, but a few days later, he came back, and he was pissed.
00:55:57Did he threaten you?
00:55:58Just yelled a lot, went on about how he'd fought for my freedom and now I don't even let him sleep in my doorway.
00:56:02It sort of freaked me out.
00:56:03We started looking for another place right away.
00:56:05Sounds like we lucked out, huh?
00:56:10We took 42 smudges-- 12 usable prints off the frame, 22 off the door.
00:56:153 Show up with sheets.
00:56:17We got a witness who says our guy might have been in the armed forces.
00:56:20 so I ran the prints through the defense department's database.
00:56:23Your witness was right.
00:56:25Marvin warner, sergeant.
00:56:27Honorably discharged may '76.
00:56:29[Telephone rings] 2 misdemeanor loitering charges.
00:56:32Sounds like our guy.
00:56:35We're going to need the photo from his last arrest.
00:56:38I'll get you a printout.
00:56:40Green: Ok. ok. thank you.
00:56:42Lenny, that was mrs. ngai.
00:56:44She said somebody called the restaurant on friday about an order placed. he never got his food.
00:56:48He wanted to make sure the girl that took the order didn't charge his credit card.
00:56:55Green: You told me you left at 11:30.
00:56:57I did. this man's wrong.
00:56:59He said you took his credit card number.
00:57:00Which means we're going to get a validation from the credit card company and the time.
00:57:04So if there's something you know, you should tell us.
00:57:09 it's my fault uncle tommy got killed.
00:57:13What do you mean?
00:57:14I'm supposed to take callback numbers, to make sure that the orders are real, but it was late. I forgot.
00:57:21How could you have known?
00:57:22You told me that you write the addresses down on the tickets.
00:57:25I put them in my coat pocket.
00:57:31I'm so sorry.
00:57:35631 EAST 12th.
00:57:37110 East second street, basement apartment.
00:57:41So, whoever called in the order definitely knew about the apartment.
00:57:45Which doesn't eliminate the homeless guy.
00:57:46YEAH, BUT WE GOT ZIP ON THE L.U.D.'s FROM The pay phones, and the addresses from his priors are bogus.
00:57:52So, what are we doing to find this guy?
00:57:54We got uni's checking the parks and the shelters in the area.
00:57:56And his arrest photo is circulating in the neighborhood.
00:57:59Well, he's a veteran, right?
00:58:00How about we check the v.a. hospital?
00:58:02I'll check their outpatient lists.
00:58:10New york city police, ma'am.
00:58:11Is there a marvin warner living here?
00:58:13[Dog barking] marvin's my brother, but he doesn't live here.
00:58:22Is he in some sort of trouble?
00:58:24 we think he just might be able to help us with an investigation we're conducting.
00:58:27An investigation about what?
00:58:28We just need to ask him some questions, ma'am.
00:58:31I don't know where he is.
00:58:33Nobody's looking to hurt him.
00:58:34Yeah, well, how do I know that?
00:58:36[Sighs] my brother has had a difficult life.
00:58:39Ma'am, I was in the service, too.
00:58:41I know the transition back can be very hard, but, please, let us talk to him before he really does get hurt.
00:58:50If he's in the city, he likes to panhandle at a bodega on ninth " when our mother died a year ago,