Law & Order (1990) s22e15 Episode Script
Fear and Loathing
1
In the criminal justice system,
the people are represented
by two separate,
yet equally important groups:
the police, who investigate crime,
and the district attorneys,
who prosecute the offenders.
These are their stories.
Hey, you!
Hey! Hold on a minute!
- Hands in the air!
- Oh, hey! Wait! Whoa!
- Now!
- Hey, guys!
Whoa! On a job!
I'm headed to a murder scene
right around the corner.
And what'd I say about those hands?
Officer, they're still in the air, OK?
I'm a detective with the 2-7.
- Hey, get on the ground.
- There's no need for that.
You gotta listen to what I'm saying.
You heard him. Down on the ground.
Do it now.
You can put the weapon down.
I'm with the 2-7. I'm a detective.
My shield is in my coat.
I'm just gonna show you my shield, OK?
- This doesn't have to escalate.
- Don't do it.
- Hey! Hey!
- No, listen!
- Listen to me!
- Calm down!
- You're making a mistake!
- Stand still!
- Stop moving! Comply!
- Hey! Hey! Hey!
What the hell are you doing?
What the hell are you doing?
That's my partner! We're on the job!
We're detectives of the 2-7!
- Get off him!
- Get the hell off me!
- Hey, back off!
- That's my partner!
What the hell is wrong with you?
- What's wrong with us?
- Idiot!
Idiot! What is wrong with you?
- Why? Why?
- Easy, easy, easy, easy.
What's wrong with you, you idiot?
We thought he was a murder suspect!
- Why? Why did you think that?
- Jalen, easy. Easy.
- Did you see what he just did?
- Yes, I did.
Hey, a lot of people say they're cops.
Do they have a badge?
It's just a misunderstanding, OK?
We're just trying to do our jobs, bro.
- Yeah, doing our jobs.
- Taking your badges down.
- Don't do that. Come on.
- That's not your job!
- Guys, get out of here.
- This is not over.
- I said get out of here!
- Hey, you're gonna be sorry!
- We're gonna be sorry, huh?
- You're gonna be sorry!
- Just walk away!
- Get the hell out of here!
Jalen. Jalen, easy, easy.
I know. Easy.
You good?
Yeah.
Just another day in paradise.
[DRAMATIC MUSIC]
♪
Likely cause of death is
blunt force trauma to the head.
Ooh, smells like
he took a bath in merlot.
That bottle is probably
the murder weapon.
You think?
Bag that.
Get it over to the lab. Check the DNA.
- Any witnesses?
- None so far.
Who found the body?
A sanitation worker.
A lot of door cams on this block.
Get a video canvass of the area as well.
Oh, the killer left a $5,000 watch.
And his cell phone.
Not a robbery.
- Is that the wallet?
- Yeah.
Still got cash and credit cards.
Darian Marshall, MD.
A doctor.
What's that Bible saying?
He saved others,
but he couldn't save himself.
Hey.
How's it going?
- What are you doing here?
- Peace offering.
[SCOFFS]
I came here to apologize.
Yeah, I see that.
You're not much for small talk.
Correct.
OK.
I'm up for detective.
You filing a complaint against
me is not going to help,
so I'm asking you to look past
my unfortunate and emotional
reaction to the situation.
We were looking for a killer.
Tensions were high.
Yeah. Then along came
a big, strapping brother,
- so he'll do, right?
- That's not what I
You had your guns drawn, pointed at me.
You didn't even give me
a chance to show you my badge.
We thought we were
staring down the suspect
- of a murder investigation.
- No, no, no, no, no.
You knew you were
looking at a Black man,
and you assumed
that he was a subject
of a murder investigation.
For all you knew, it could
have been a 5' white woman.
It's always about race.
It always is with you guys, isn't it?
Do what you gotta do, Detective,
but I'd think real hard
about your next move.
You threatening me?
I'm just saying,
this is the brotherhood.
Brotherhood based on the color blue.
Victim is a heart surgeon.
As of now, no witnesses.
- Video?
- Nothing so far.
Any indication it was a mugging?
Victim had a wallet
full of cash in his pocket
and expensive jewelry on,
so I don't think so.
Maybe it was a drug deal gone bad.
It's possible, but he was
a cardiothoracic surgeon,
so why
Just riffing here, Jalen.
Not a lot of trafficking
in that area, Lieu.
There was no paraphernalia
or residue in the victim's possessions,
and there was no drugs
or alcohol in his system.
- ME give a time of death?
- Yeah.
Sometime between 9:00 p.m. and midnight.
What else do we know about the vic?
Divorced.
Lived and worked in the Upper East Side.
Any reason why he was down
in the meatpacking district?
Not yet, but we are
running his financials.
Put together a timeline.
We'll start at the hospital
where he worked.
Down to earth, friendly.
Dr. Marshall was one of the good ones.
Always made a point of asking
about my wife and kids.
There it is.
Time stamp says he left at 7:42 p.m.
Look at that guy.
He seems to be following Dr. Marshall.
Do you have any video from outside?
Check it out.
Yeah, Marshall's talking to that guy.
Who is he?
His name's Hopkins.
He's a doctor.
Thank you.
I heard what happened.
Tragic. A real loss.
But I'm not sure how I can help.
Dr. Hopkins, is there
anyone you can think of
- who wanted to hurt him?
- No.
I may not be the right person to ask.
I didn't know him that well.
You worked together
for a couple of years.
Yeah. How did you two get along?
We were cordial.
If I think of anything,
I'll let you know.
I need to get back to my patients.
Oh, according to the chief of surgery,
you're not allowed
to see patients anymore, right?
You're on administrative duty.
And we understand
that Dr. Marshall had something
to do with that.
I think I'd like to contact my attorney.
I think that attorney should
meet you down to the precinct.
We got you on video two hours
before Dr. Marshall was killed.
You were yelling at him.
You shoved him into a wall.
Plus, we know that Dr. Marshall
was accusing you of misconduct.
Said that you were
performing unnecessary
bypass surgeries on patients.
Dr. Hopkins will be fully exonerated.
Dr. Marshall was scheduled
to testify against you.
I've done nothing wrong.
I present the pros and cons
of the surgery,
and patients made
their own risk assessments.
Marshall's patients didn't trust him.
A lot of them ended up coming
to me for second opinions.
So Dr. Marshall
cooked up a bunch of lies
to make himself look better.
The Department of Public
Health might beg to differ.
Come on.
Clearly, you had a bone
to pick with the man.
You're right. I couldn't stand him.
He was sanctimonious, butted
into everyone's business,
but that doesn't mean I killed him.
Where'd you go that night
after you left the hospital?
A theater.
Dr. Hopkins's alibi checks out.
He went to the theater with his wife.
Saw "Othello,"
in case you were wondering.
Then they had dinner, car service home.
So I got ticket stubs, credit
card receipts, and video.
I just got into the victim's phone.
The last time he used it
was for a rideshare app.
Car picked him up
at Mercy General at 7:48 p.m.
- Where'd he go?
- A condo building
two blocks from the crime scene.
On our way.
Nice work, Yee.
Thanks.
So you made up your mind?
You gonna file the report?
Not sure.
Any words of wisdom you wanna impart?
Nothing you haven't heard before.
Blue wall. Brotherhood.
Best to resolve these things
off the record.
You know, all those cop clichés.
But they are clichés for a reason.
You're not saying I should
turn the other cheek, are you?
I'm saying that cops have long memories.
But I'm white.
Things like that never happen
to guys like me.
- Nope.
- But
If you wanna press charges
and roll these pricks up,
I got your back till the end.
Appreciate that, Frank.
Darian and I had our issues,
but he was a good man.
Worked really hard to get where he was.
He was a great father too.
- Please.
- Thank you.
When did you two split up?
We finalized the divorce
a couple months ago.
And why did he come by here last night?
He came to see our daughter.
We just moved in.
Darian had never been here before.
And how long did he stay?
About an hour.
We all had dinner together.
Did he happen to mention
where he was going afterwards?
No.
I kind of rushed him out of here.
My new boyfriend was
coming over, and he
I didn't want any drama.
What? Those two don't get along?
No.
Greg, my boyfriend, he gets jealous.
So Darian leaves, and then
your boyfriend comes over?
Yeah.
But he saw there were
three plates in the sink,
knew Darian had just been here,
and he left.
He just left because there
were three plates in the sink?
Like I said, he gets jealous of Darian.
And how long did he stay?
I don't know.
Maybe ten minutes.
We need to talk to Greg.
Immediately.
The guy was a pompous ass,
always hanging around my girlfriend.
Couldn't just let her go, live her life.
They got a kid together.
Yeah, I know.
It wasn't just that.
It was his attitude too.
He was always acting like he
was better than everyone else
just because he was a doctor.
- You see him last night?
- Whoa. Hold on.
I didn't kill the guy if
that's what you're getting at.
I didn't ask you that.
Where'd you go after you
left your girlfriend's house?
I came back here.
Here?
That's kind of late. After 9:00?
I sell security systems.
Every night, I collect
all the data from the apps,
the ones that report all
the local criminal activity,
and I post the results on social media.
You report criminal activity
in this area?
Things are kind of tame around here.
Not according to the apps.
My orders have quadrupled
in the last three months.
What can I say?
Fear's a powerful sales tactic.
What can I say?
Alibis need verification.
Sure.
Three employees were
still working when I got here,
plus, I've got surveillance cameras
inside and outside the office.
Big surprise.
We can cross Donnelly off the list.
He definitely was
at his office that night
and didn't leave till after midnight.
Yeah, we checked on the posts
that he was talking about too.
What kind of posts?
There's these apps that people use
- to report crimes in their area.
- My wife uses it.
Checks out what's going on
in the neighborhood.
Yeah, so according to these apps,
there was three robberies reported
in the vicinity
of Dr. Marshall's murder.
We spoke to two of the vics.
The first one, bodega owner
who accused a kid
of stealing a candy bar.
The second one was
a 55-year-old divorceé
who accused a Hispanic man
of looking at her funny.
What about the third?
Just found him,
and we're going there now.
All right.
Let's hope third time's a charm.
What is this about?
Did you find the guy who robbed me?
No, we were actually hoping
that you could shed some light
on the incident for us.
I already told you
everything that I know.
If you don't mind,
we'd like to go over it again.
There's a possibility
that it's connected
to a murder that we're investigating.
Murder?
Really?
We're not the robbery cops.
Um, so
he approached me from behind.
He asked for my phone, my wallet.
I give him both.
And then, this guy,
he cracks me over the head
with something.
- Could it have been a bottle?
- Uh, yeah.
Whatever it was, it knocked me
unconscious for a second.
Do you remember
what this guy looked like?
Maybe his height, his weight, his race?
Black. 5'7"-ish. Stocky.
Approximate age?
He's young. 18, 19.
Do you remember anything
about his appearance? His clothing?
Ski jacket.
Some kind of wool cap.
Mr. Burke, are you OK?
Not really.
It was traumatic, all right?
I don't love reliving it.
I thought that I was gonna die, so
And I didn't know anything
about this recent tragedy.
After what happened,
I don't really walk around
after dark anymore.
We understand.
If that's all, I'd like
you guys to leave, please.
Thank you.
Hey, Lieu, Brian Burke's robbery
and Dr. Marshall's murder
could be connected.
Both victims were approached
from behind,
hit in the head with blunt objects.
They happened in the same vicinity,
around the same time of night.
All right, let's check
the video and door cam footage
from the night of Marshall's murder
and see if anyone in the area
matches Burke's description.
Done. Vi's on it.
Hey. Can I talk to you for a sec?
Just come on in.
Shut the door.
- What's up?
- So I got a call
from Wagner and Farley's
union rep today.
[CHUCKLES DRYLY] Yeah.
OK. It was only a matter of time.
What's he wanna do? Mediate?
More like attack.
Excuse me?
He's coming for you.
He said that you violated
departmental rules
by refusing to get on the ground.
They said I
That lawyer can kiss my ass.
How about that?
I would not be so quick to dismiss that.
You gotta trust me.
I come from a long line of cops,
and I know exactly how
this thing is gonna play out.
Lieu, those two cops crossed the line.
They wouldn't listen
to a word I was saying.
They wouldn't let me badge them.
They had their guns drawn.
They were practically
itching to light me up.
It's your call.
I just need to let you know
what's going on.
And whatever you decide,
you've got my full support.
You just have to understand
what you're stepping into right now.
- What does that mean?
- Come on, Jalen.
As much as I hate to admit it,
you know exactly how it works
when a cop goes after another cop.
I'm not the bad guy here.
Look, the department
is making so many changes,
so many for the good,
but when it comes to this
This thing We are stuck back in 1974.
So it doesn't even matter
how right you are.
And I know.
I know you're right.
This is the kind of thing that
is gonna destroy your career.
OK.
I get it.
We're supposed
to protect each other, right?
All those rah-rah speeches
about being blue
and protecting your brother,
they were written by white guys.
So you can tell that union lawyer
and those two white cops
they are trying to scare the wrong man.
OK.
I'm gonna call internal affairs
and tell them you're moving forward.
Thank you.
I've gone through every shred of video
from the night of the murder.
I can't find anyone
who even remotely fits
Burke's description
of the guy who robbed him.
Worth a shot.
I did find
something interesting, though.
Surveillance video
from Burke's neighbor.
Check it out.
That's Burke.
Taken around the time
of the murder, 10:04 p.m.
- Play the video.
- Mm-hmm.
His hands are shaking so much,
he can barely hold on to his keys.
I thought you didn't go out
after dark anymore.
- What are you
- 'Cause we got a receipt
that shows you purchased
a bottle of wine
at a local liquor store at 9:47 p.m.
And there's a video of you
15 minutes later
that puts you a block
from the crime scene,
and you're not holding
a bottle of wine anymore.
So the only question
I have for you now is,
why did you do it?
This is outrageous.
My client is the victim
of a violent crime.
Why don't you save
your outrage and indignation
and just have your client
tell us what happened?
Go ahead. Tell them.
It was self-defense.
You're saying he came to you.
He approached me from behind,
and he pretended to ask for directions.
And then, I turn around
to get a look at the guy,
and I see he has something
in his hand, a gun,
so I hit him over the head
with the only thing that I had,
which was a wine bottle.
And then, you just fled the scene.
- Yeah, I panicked.
- You didn't try to help him?
Call 911?
No, I ran home. I called a lawyer.
She said do nothing.
I can verify that.
Great advice, Counselor.
You see, Darian Marshall
was really asking you for directions.
And he wasn't holding a gun.
It was a cell phone.
He was a well-regarded heart surgeon,
and you left him on the street
to die like an animal.
No more questions. We're done.
[DOOR OPENS]
- You believe him?
- I definitely don't think
he set out to kill anyone that night.
- That's for sure.
- Yeah.
It doesn't mean
it was self-defense either.
Let me call Price. See what he thinks.
Excuse me.
- Detective Shaw?
- Yeah.
I'm Sergeant Frank Matthews,
Internal Affairs.
You got a minute?
Absolutely. We can talk in here.
Thank you for coming so soon.
I know Lieutenant Dixon
just reached out to you,
so I appreciate it.
I'm not here about that.
OK. What are you here for?
Officers Wagner and Farley
filed a complaint against you.
You're here to investigate me?
You can get in touch with your union rep
and consult an attorney if you want.
I don't need a lawyer. I don't
The officers claim
they ordered you to the ground.
They did, and I refused.
I wasn't about
to get on my knees for anybody,
much less those two cops.
Now, you and I both know
what could have happened
if I had complied.
Look, sometimes
you have to let things slide.
- Keep an eye on the big picture.
- OK.
I've had to put up with
a lot to get to where I am.
If you drop your complaint,
I'm confident they will too.
Right.
I understand what it feels like
to be on the other end of the nonsense.
I do. Trust me.
But let's face it,
nothing really happened.
Nobody got hurt.
So why make a big deal about it,
invite all kinds of negative attention?
This kind of thing makes us look bad.
Us?
The police.
Right.
[KNOCKS AT DOOR]
Price needs to see us.
Thanks for making time, Sergeant.
It's a tough one.
I'm not quite sure
what the right charge is.
I vote murder.
Innocent man is walking down the street,
minding his own business.
He gets bashed in the head.
I'm not really sure
what we're discussing here.
Well, Burke could have
a legitimate claim
of self-defense.
He can claim whatever he wants.
He was never in any actual danger.
And he left the man
bleeding in the street.
He had recently been the
victim of a violent mugging
in that same neighborhood.
His assailant hasn't been caught.
A physically imposing man
he's never seen before
Physically imposing Black man.
Right?
That approached him
for no apparent reason.
He was in fear for his life,
even though his fear turned out
to be unwarranted.
I'm no lawyer,
but doesn't that fear
have to be reasonable,
you know, from a objective
person's perspective?
Frank Cosgrove, Esq.
But a jury might determine
that Burke's fear was reasonable.
Reasonable?
Nolan, softening the charges
ratifies what they did.
I'm simply acknowledging
the weakness of a murder case.
You're a lawyer. You understand that.
I was a lawyer.
Now, I'm a cop.
A Black cop.
And unfortunately,
I just got yet another lesson
in what that means,
and what that means is,
when you're Black in this country,
you are guilty
in too many people's eyes.
Burke made a false assumption
based on Dr. Marshall's skin color,
and worse, he acted on that assumption.
And now, Dr. Marshall,
that Black doctor, is dead.
If that is not enough
for a murder charge,
I gotta start rethinking
how I'm spending my time
risking my life in the street with Frank
to bring you good arrests just
to watch you water them down.
Yes, I will.
Phone won't stop ringing.
CEOs, heads of charities,
more than a handful of political donors,
all asking me to reconsider
indicting Brian Burke.
Doesn't surprise me. He chairs one
of the biggest charitable
foundations in the city.
Everyone says he's a good man.
Certainly not a racist.
I'm not challenging his character, Jack.
I'm challenging his actions.
I've weighed both sides of the equation.
Jalen Shaw made a compelling case.
You want to charge murder?
Can you prove it?
It'll be close, but I have to try.
Why is that?
If I charge manslaughter,
what kind of message will I be sending?
That you can assault and kill Black men
because you're scared?
[KNOCKS AT DOOR]
Burke's lawyer wants to meet.
Says she has additional information
we need to consider.
I know that I should have called 911.
Why didn't you?
I panicked.
I know how it looks,
but I'm not a racist.
So what is this additional information
you want us to consider?
On the, um The night of the
The incident with Dr. Marshall,
I got an alert on my phone
that there was a
suspicious person in the area.
Who sent the alert?
Well, it popped up
on a neighborhood safety app.
What did it say?
"Be careful.
"There's a dangerous
Black man in the area.
"He's armed.
Exercise extreme caution."
Did the alert provide a description?
A little more than that.
It provided a picture of Dr. Marshall.
So Burke actually
might be telling the truth.
That's definitely Dr. Marshall.
Yeah, and these are
the posts that Burke saw.
The first one says, "A tall
Black man just mugged someone.
The mugger is armed
and extremely dangerous."
Dozens of people
post comments after that.
Another woman says
that they saw Dr. Marshall,
and she is sure that he's got a gun.
Then the story
takes on a life of its own.
It's like a dangerous
fearmongering version
of telephone.
Who started it?
A man named Daniel Deluca.
52. Works in real estate.
Lives downtown.
And he's done this sort of thing before.
What do you mean?
Well, he's posted that violent people,
usually Black men,
are on certain streets.
He puts up photos.
And then, he makes up stories
about them with guns and knives.
He gets the residents all riled up.
And then, inevitably, a chain
of racist rumors follows.
And the posts turn out
to be pure fiction.
- Has anyone else been hurt?
- Yeah.
One man was assaulted
by an angry mob of residents,
and two Black men were falsely arrested.
Brooke's lawyers
could wind up calling Deluca
to support their self-defense claim.
I wanna be prepared
to cross-examine him.
I look forward to meeting this guy.
I don't know what to tell you.
I was walking through
the meatpacking district,
meeting my girlfriend for a late dinner.
I saw a guy who looked suspicious.
What made him look suspicious?
I thought he had a gun.
Those people,
coming into our neighborhood,
ruining it for the rest of us.
Those people?
What do you mean by that?
You know, criminals.
So you think you're doing
some kind of a public service?
Actually, I do.
Plus, I've got three kids,
elderly parents.
No one is safe anymore.
You
You're out of line.
You can't just go around
posting whatever you want.
That's dangerous. Reckless.
You're practically asking somebody
to take the law into their own hands,
maybe even commit an act of violence.
Turn around.
You heard him. Turn around. Turn around.
Come on. Come on.
Hands behind your back.
Daniel Deluca, you're under arrest.
What for?
Manslaughter.
I'm assuming you ran this by Price.
You arrested Daniel Deluca?
Charged him with manslaughter?
Good to see you, Price.
We're on solid footing with that.
Deluca's actions were the direct cause
of Dr. Marshall's murder.
Didn't think to consult with me first?
We have initial discretion
to make the arrest, Nolan.
There were no exigent circumstances.
Have a seat.
You wanna play prosecutor,
join the DA's office.
Otherwise, stay in your lane.
Mm. Well, you don't wanna charge Deluca,
that's on you, buddy.
We got a good case.
Not so sure about that.
And we'd have to flip Burke.
Well, let's flip him then.
You're the one who urged me
to charge him with murder.
And I stand by that, but new
information has come to light
that says that Deluca is more culpable.
He incited Burke.
He made the guy
feel like he was in danger.
But for Deluca's post,
Dr. Marshall would still be alive today.
I get it, but Burke is the one
who smashed him in the head
with a wine bottle.
Yes, and Deluca's
reckless posts made him do it.
He has to be held accountable for that.
Is there any way
you can prove both cases?
Try Burke and Deluca together?
I need Burke's cooperation
to win against Deluca.
You can prove Deluca was reckless,
that he created a dangerous situation
and put Marshall's life in jeopardy
with evidence of his past behavior.
But that's only half the battle.
I need Burke to say he saw the posts
and that he believed what was in them.
Then get him a deal. Get him on board.
OK, but I'd be sacrificing
the murder case against Burke
for a much weaker case against Deluca.
Opportunity and risk come in pairs.
If you think Deluca
was the most responsible,
set your sights on him.
Mr. Burke, you're here as part
- of a cooperation agreement?
- That's true.
In exchange for your testimony,
you'll receive a seven-year sentence.
Yes. I will plead guilty
to manslaughter.
Tell the members of the jury,
why did you kill Dr. Darian Marshall?
Because I thought
that he was going to kill me.
Did you believe he had a weapon?
A gun, yes.
Why did you think this?
Because the defendant
put things on an app.
You're referring to
the defendant, Daniel Deluca?
Yes.
I believed what he posted.
I thought that I was in danger,
and I was protecting myself.
Thank you. Nothing further.
My client didn't kill Darian Marshall.
You did.
Regrettably, yes.
You took a bottle,
smashed it over his head,
and left him to die.
I wish I could take it back.
And so, you're doing
the next best thing,
trying to blame someone else.
Objection. Argumentative.
Overruled.
You killed someone,
and then you got a sweetheart deal
from a prosecutor who is hellbent
on making a political statement.
Your Honor.
Withdrawn. Nothing further.
You're excused, sir.
Call your next witness, Mr. Price.
People call Detective Jalen Shaw.
The defendant started
a chain of racist messages
and then posted
a picture of Dr. Marshall.
Has the defendant made
postings like this in the past?
Yes.
Men Black men
Walking down the street,
minding their own business
are the targets of these posts?
Correct.
And some of these innocent
men have been arrested,
and one has actually been assaulted?
Yes, he was punched in the head
and then hospitalized for a concussion.
Thank you.
Detective, are you aware
that the NYPD uses these apps
to fight crimes
and put out police alerts?
Objection. Relevance.
What is the relevance?
This is a case about free speech
and civic participation.
They should be giving my client
a medal for citizenship.
Not being put on trial for homicide.
Objection is overruled.
Counselor, I'm aware
that the NYPD is using
certain crime-fighting apps.
And when these apps are used
in a responsible manner,
they can be a useful tool.
Problems arise
when they're used recklessly.
You know a lot about
recklessness Detective Shaw,
don't you?
Objection. Argumentative.
Ask another question, Miss Stanley.
Violating NYPD rules and
regulations is also reckless,
isn't it?
It depends on the circumstances.
Detective Shaw, is there a pending
Internal Affairs complaint against you?
There's one pending, yes.
You violated your department's policy.
You failed to comply with the
request of a fellow officer?
That is the allegation.
So your own department
has taken action against you.
It has.
And the underlying incident
involves a dispute
that you had with white police officers.
I was racially profiled.
And charging my client,
a white man, with homicide,
that's your way of
balancing the scales, isn't it?
- Objection.
- Sustained.
Nothing further.
Detective Shaw, you're excused.
Yeah.
You're the subject of an
Internal Affairs complaint?
- It's complete nonsense.
- That's not the point.
If you had told me,
I would have been prepared.
I would have never put you on the stand.
OK. He screwed up. Let's move on.
What do you need?
Deluca is going
to testify tomorrow morning.
The defense has put us
back on our heels,
and at the same time,
they're selling Deluca
as some well-intentioned guy
who bears no responsibility
for what happened.
We need to disprove that.
His posts are part
of a pattern of conduct.
We can get you police reports,
medical records that show
his past posts hurt people.
I need more. I need evidence
of his motive, his state
of mind, that he is racist.
I've been looking through
his social media accounts.
He doesn't belong
to any white supremacy groups
or any other fringe organizations.
And he's never posted anything
that's scandalous or racist.
Well, what kind of things does he post?
Mostly real estate stuff.
It looks like he buys
and sells apartments.
Is anybody else
noticing something similar
about all these addresses?
That can't be just a coincidence.
My goal is to help
my fellow New Yorkers.
I wanna make a difference,
reclaim the streets from the criminals
that have taken over this great city.
You had no control over
Mr. Burke's actions, did you?
My heart goes out
to Dr. Marshall's family.
But I had no idea anyone would die.
Thank you.
You're in the real estate
business, correct?
- You buy and sell apartments?
- Yes.
Crime, or reports of crime,
can drive down the value
of buildings
in a particular neighborhood,
can't it?
It can.
You've been planting false
reports of criminal activity
in order to decrease the value of homes
in certain neighborhoods, haven't you?
Price tags go down,
you purchase properties, and eventually,
when the neighborhood
is seen as safe again,
you sell the property
and make a hefty profit.
Objection. Facts not in evidence.
Well, then allow me
to give an offer of proof.
A certified report from the New
York City Register's Office.
Four transactions in the past two years.
I'll accept the offer. Proceed.
You issued
several fictitious posts
about Black criminals
on streets where each of
these properties were located.
Each of these posts described a man
as armed, dangerous, acting erratic.
I'm not sure about that.
Well, then let me help
refresh your memory.
You do recognize these posts?
I guess.
And then, within a matter of weeks,
you purchased the apartment.
You made a killing,
didn't you, Mr. Deluca?
- Objection.
- Overruled.
Answer the question, sir.
I'm a businessman.
I made a profit.
Thank you. That's all I have.
[DRAMATIC MUSIC]
♪
Madame Foreperson,
has the jury reached a verdict?
We have, Your Honor.
How do you find?
We find the defendant
guilty of manslaughter
in the first degree.
Members of the jury,
thank you for your service.
You are excused.
Court is in recess.
Congratulations.
Sometimes we get it right.
But something tells me
that's not why you're here.
Nope. I just got a call.
Internal Affairs
is closing the investigation.
Closing it?
They found your allegations
to be unsubstantiated.
I wish I could say
I was surprised, but
And what about
their allegations against me?
That complaint stuck.
They're suspending you
for a week without pay.
Look, Jalen,
I have seen positive changes
in the department,
but the blue wall
is still the blue wall.
In the criminal justice system,
the people are represented
by two separate,
yet equally important groups:
the police, who investigate crime,
and the district attorneys,
who prosecute the offenders.
These are their stories.
Hey, you!
Hey! Hold on a minute!
- Hands in the air!
- Oh, hey! Wait! Whoa!
- Now!
- Hey, guys!
Whoa! On a job!
I'm headed to a murder scene
right around the corner.
And what'd I say about those hands?
Officer, they're still in the air, OK?
I'm a detective with the 2-7.
- Hey, get on the ground.
- There's no need for that.
You gotta listen to what I'm saying.
You heard him. Down on the ground.
Do it now.
You can put the weapon down.
I'm with the 2-7. I'm a detective.
My shield is in my coat.
I'm just gonna show you my shield, OK?
- This doesn't have to escalate.
- Don't do it.
- Hey! Hey!
- No, listen!
- Listen to me!
- Calm down!
- You're making a mistake!
- Stand still!
- Stop moving! Comply!
- Hey! Hey! Hey!
What the hell are you doing?
What the hell are you doing?
That's my partner! We're on the job!
We're detectives of the 2-7!
- Get off him!
- Get the hell off me!
- Hey, back off!
- That's my partner!
What the hell is wrong with you?
- What's wrong with us?
- Idiot!
Idiot! What is wrong with you?
- Why? Why?
- Easy, easy, easy, easy.
What's wrong with you, you idiot?
We thought he was a murder suspect!
- Why? Why did you think that?
- Jalen, easy. Easy.
- Did you see what he just did?
- Yes, I did.
Hey, a lot of people say they're cops.
Do they have a badge?
It's just a misunderstanding, OK?
We're just trying to do our jobs, bro.
- Yeah, doing our jobs.
- Taking your badges down.
- Don't do that. Come on.
- That's not your job!
- Guys, get out of here.
- This is not over.
- I said get out of here!
- Hey, you're gonna be sorry!
- We're gonna be sorry, huh?
- You're gonna be sorry!
- Just walk away!
- Get the hell out of here!
Jalen. Jalen, easy, easy.
I know. Easy.
You good?
Yeah.
Just another day in paradise.
[DRAMATIC MUSIC]
♪
Likely cause of death is
blunt force trauma to the head.
Ooh, smells like
he took a bath in merlot.
That bottle is probably
the murder weapon.
You think?
Bag that.
Get it over to the lab. Check the DNA.
- Any witnesses?
- None so far.
Who found the body?
A sanitation worker.
A lot of door cams on this block.
Get a video canvass of the area as well.
Oh, the killer left a $5,000 watch.
And his cell phone.
Not a robbery.
- Is that the wallet?
- Yeah.
Still got cash and credit cards.
Darian Marshall, MD.
A doctor.
What's that Bible saying?
He saved others,
but he couldn't save himself.
Hey.
How's it going?
- What are you doing here?
- Peace offering.
[SCOFFS]
I came here to apologize.
Yeah, I see that.
You're not much for small talk.
Correct.
OK.
I'm up for detective.
You filing a complaint against
me is not going to help,
so I'm asking you to look past
my unfortunate and emotional
reaction to the situation.
We were looking for a killer.
Tensions were high.
Yeah. Then along came
a big, strapping brother,
- so he'll do, right?
- That's not what I
You had your guns drawn, pointed at me.
You didn't even give me
a chance to show you my badge.
We thought we were
staring down the suspect
- of a murder investigation.
- No, no, no, no, no.
You knew you were
looking at a Black man,
and you assumed
that he was a subject
of a murder investigation.
For all you knew, it could
have been a 5' white woman.
It's always about race.
It always is with you guys, isn't it?
Do what you gotta do, Detective,
but I'd think real hard
about your next move.
You threatening me?
I'm just saying,
this is the brotherhood.
Brotherhood based on the color blue.
Victim is a heart surgeon.
As of now, no witnesses.
- Video?
- Nothing so far.
Any indication it was a mugging?
Victim had a wallet
full of cash in his pocket
and expensive jewelry on,
so I don't think so.
Maybe it was a drug deal gone bad.
It's possible, but he was
a cardiothoracic surgeon,
so why
Just riffing here, Jalen.
Not a lot of trafficking
in that area, Lieu.
There was no paraphernalia
or residue in the victim's possessions,
and there was no drugs
or alcohol in his system.
- ME give a time of death?
- Yeah.
Sometime between 9:00 p.m. and midnight.
What else do we know about the vic?
Divorced.
Lived and worked in the Upper East Side.
Any reason why he was down
in the meatpacking district?
Not yet, but we are
running his financials.
Put together a timeline.
We'll start at the hospital
where he worked.
Down to earth, friendly.
Dr. Marshall was one of the good ones.
Always made a point of asking
about my wife and kids.
There it is.
Time stamp says he left at 7:42 p.m.
Look at that guy.
He seems to be following Dr. Marshall.
Do you have any video from outside?
Check it out.
Yeah, Marshall's talking to that guy.
Who is he?
His name's Hopkins.
He's a doctor.
Thank you.
I heard what happened.
Tragic. A real loss.
But I'm not sure how I can help.
Dr. Hopkins, is there
anyone you can think of
- who wanted to hurt him?
- No.
I may not be the right person to ask.
I didn't know him that well.
You worked together
for a couple of years.
Yeah. How did you two get along?
We were cordial.
If I think of anything,
I'll let you know.
I need to get back to my patients.
Oh, according to the chief of surgery,
you're not allowed
to see patients anymore, right?
You're on administrative duty.
And we understand
that Dr. Marshall had something
to do with that.
I think I'd like to contact my attorney.
I think that attorney should
meet you down to the precinct.
We got you on video two hours
before Dr. Marshall was killed.
You were yelling at him.
You shoved him into a wall.
Plus, we know that Dr. Marshall
was accusing you of misconduct.
Said that you were
performing unnecessary
bypass surgeries on patients.
Dr. Hopkins will be fully exonerated.
Dr. Marshall was scheduled
to testify against you.
I've done nothing wrong.
I present the pros and cons
of the surgery,
and patients made
their own risk assessments.
Marshall's patients didn't trust him.
A lot of them ended up coming
to me for second opinions.
So Dr. Marshall
cooked up a bunch of lies
to make himself look better.
The Department of Public
Health might beg to differ.
Come on.
Clearly, you had a bone
to pick with the man.
You're right. I couldn't stand him.
He was sanctimonious, butted
into everyone's business,
but that doesn't mean I killed him.
Where'd you go that night
after you left the hospital?
A theater.
Dr. Hopkins's alibi checks out.
He went to the theater with his wife.
Saw "Othello,"
in case you were wondering.
Then they had dinner, car service home.
So I got ticket stubs, credit
card receipts, and video.
I just got into the victim's phone.
The last time he used it
was for a rideshare app.
Car picked him up
at Mercy General at 7:48 p.m.
- Where'd he go?
- A condo building
two blocks from the crime scene.
On our way.
Nice work, Yee.
Thanks.
So you made up your mind?
You gonna file the report?
Not sure.
Any words of wisdom you wanna impart?
Nothing you haven't heard before.
Blue wall. Brotherhood.
Best to resolve these things
off the record.
You know, all those cop clichés.
But they are clichés for a reason.
You're not saying I should
turn the other cheek, are you?
I'm saying that cops have long memories.
But I'm white.
Things like that never happen
to guys like me.
- Nope.
- But
If you wanna press charges
and roll these pricks up,
I got your back till the end.
Appreciate that, Frank.
Darian and I had our issues,
but he was a good man.
Worked really hard to get where he was.
He was a great father too.
- Please.
- Thank you.
When did you two split up?
We finalized the divorce
a couple months ago.
And why did he come by here last night?
He came to see our daughter.
We just moved in.
Darian had never been here before.
And how long did he stay?
About an hour.
We all had dinner together.
Did he happen to mention
where he was going afterwards?
No.
I kind of rushed him out of here.
My new boyfriend was
coming over, and he
I didn't want any drama.
What? Those two don't get along?
No.
Greg, my boyfriend, he gets jealous.
So Darian leaves, and then
your boyfriend comes over?
Yeah.
But he saw there were
three plates in the sink,
knew Darian had just been here,
and he left.
He just left because there
were three plates in the sink?
Like I said, he gets jealous of Darian.
And how long did he stay?
I don't know.
Maybe ten minutes.
We need to talk to Greg.
Immediately.
The guy was a pompous ass,
always hanging around my girlfriend.
Couldn't just let her go, live her life.
They got a kid together.
Yeah, I know.
It wasn't just that.
It was his attitude too.
He was always acting like he
was better than everyone else
just because he was a doctor.
- You see him last night?
- Whoa. Hold on.
I didn't kill the guy if
that's what you're getting at.
I didn't ask you that.
Where'd you go after you
left your girlfriend's house?
I came back here.
Here?
That's kind of late. After 9:00?
I sell security systems.
Every night, I collect
all the data from the apps,
the ones that report all
the local criminal activity,
and I post the results on social media.
You report criminal activity
in this area?
Things are kind of tame around here.
Not according to the apps.
My orders have quadrupled
in the last three months.
What can I say?
Fear's a powerful sales tactic.
What can I say?
Alibis need verification.
Sure.
Three employees were
still working when I got here,
plus, I've got surveillance cameras
inside and outside the office.
Big surprise.
We can cross Donnelly off the list.
He definitely was
at his office that night
and didn't leave till after midnight.
Yeah, we checked on the posts
that he was talking about too.
What kind of posts?
There's these apps that people use
- to report crimes in their area.
- My wife uses it.
Checks out what's going on
in the neighborhood.
Yeah, so according to these apps,
there was three robberies reported
in the vicinity
of Dr. Marshall's murder.
We spoke to two of the vics.
The first one, bodega owner
who accused a kid
of stealing a candy bar.
The second one was
a 55-year-old divorceé
who accused a Hispanic man
of looking at her funny.
What about the third?
Just found him,
and we're going there now.
All right.
Let's hope third time's a charm.
What is this about?
Did you find the guy who robbed me?
No, we were actually hoping
that you could shed some light
on the incident for us.
I already told you
everything that I know.
If you don't mind,
we'd like to go over it again.
There's a possibility
that it's connected
to a murder that we're investigating.
Murder?
Really?
We're not the robbery cops.
Um, so
he approached me from behind.
He asked for my phone, my wallet.
I give him both.
And then, this guy,
he cracks me over the head
with something.
- Could it have been a bottle?
- Uh, yeah.
Whatever it was, it knocked me
unconscious for a second.
Do you remember
what this guy looked like?
Maybe his height, his weight, his race?
Black. 5'7"-ish. Stocky.
Approximate age?
He's young. 18, 19.
Do you remember anything
about his appearance? His clothing?
Ski jacket.
Some kind of wool cap.
Mr. Burke, are you OK?
Not really.
It was traumatic, all right?
I don't love reliving it.
I thought that I was gonna die, so
And I didn't know anything
about this recent tragedy.
After what happened,
I don't really walk around
after dark anymore.
We understand.
If that's all, I'd like
you guys to leave, please.
Thank you.
Hey, Lieu, Brian Burke's robbery
and Dr. Marshall's murder
could be connected.
Both victims were approached
from behind,
hit in the head with blunt objects.
They happened in the same vicinity,
around the same time of night.
All right, let's check
the video and door cam footage
from the night of Marshall's murder
and see if anyone in the area
matches Burke's description.
Done. Vi's on it.
Hey. Can I talk to you for a sec?
Just come on in.
Shut the door.
- What's up?
- So I got a call
from Wagner and Farley's
union rep today.
[CHUCKLES DRYLY] Yeah.
OK. It was only a matter of time.
What's he wanna do? Mediate?
More like attack.
Excuse me?
He's coming for you.
He said that you violated
departmental rules
by refusing to get on the ground.
They said I
That lawyer can kiss my ass.
How about that?
I would not be so quick to dismiss that.
You gotta trust me.
I come from a long line of cops,
and I know exactly how
this thing is gonna play out.
Lieu, those two cops crossed the line.
They wouldn't listen
to a word I was saying.
They wouldn't let me badge them.
They had their guns drawn.
They were practically
itching to light me up.
It's your call.
I just need to let you know
what's going on.
And whatever you decide,
you've got my full support.
You just have to understand
what you're stepping into right now.
- What does that mean?
- Come on, Jalen.
As much as I hate to admit it,
you know exactly how it works
when a cop goes after another cop.
I'm not the bad guy here.
Look, the department
is making so many changes,
so many for the good,
but when it comes to this
This thing We are stuck back in 1974.
So it doesn't even matter
how right you are.
And I know.
I know you're right.
This is the kind of thing that
is gonna destroy your career.
OK.
I get it.
We're supposed
to protect each other, right?
All those rah-rah speeches
about being blue
and protecting your brother,
they were written by white guys.
So you can tell that union lawyer
and those two white cops
they are trying to scare the wrong man.
OK.
I'm gonna call internal affairs
and tell them you're moving forward.
Thank you.
I've gone through every shred of video
from the night of the murder.
I can't find anyone
who even remotely fits
Burke's description
of the guy who robbed him.
Worth a shot.
I did find
something interesting, though.
Surveillance video
from Burke's neighbor.
Check it out.
That's Burke.
Taken around the time
of the murder, 10:04 p.m.
- Play the video.
- Mm-hmm.
His hands are shaking so much,
he can barely hold on to his keys.
I thought you didn't go out
after dark anymore.
- What are you
- 'Cause we got a receipt
that shows you purchased
a bottle of wine
at a local liquor store at 9:47 p.m.
And there's a video of you
15 minutes later
that puts you a block
from the crime scene,
and you're not holding
a bottle of wine anymore.
So the only question
I have for you now is,
why did you do it?
This is outrageous.
My client is the victim
of a violent crime.
Why don't you save
your outrage and indignation
and just have your client
tell us what happened?
Go ahead. Tell them.
It was self-defense.
You're saying he came to you.
He approached me from behind,
and he pretended to ask for directions.
And then, I turn around
to get a look at the guy,
and I see he has something
in his hand, a gun,
so I hit him over the head
with the only thing that I had,
which was a wine bottle.
And then, you just fled the scene.
- Yeah, I panicked.
- You didn't try to help him?
Call 911?
No, I ran home. I called a lawyer.
She said do nothing.
I can verify that.
Great advice, Counselor.
You see, Darian Marshall
was really asking you for directions.
And he wasn't holding a gun.
It was a cell phone.
He was a well-regarded heart surgeon,
and you left him on the street
to die like an animal.
No more questions. We're done.
[DOOR OPENS]
- You believe him?
- I definitely don't think
he set out to kill anyone that night.
- That's for sure.
- Yeah.
It doesn't mean
it was self-defense either.
Let me call Price. See what he thinks.
Excuse me.
- Detective Shaw?
- Yeah.
I'm Sergeant Frank Matthews,
Internal Affairs.
You got a minute?
Absolutely. We can talk in here.
Thank you for coming so soon.
I know Lieutenant Dixon
just reached out to you,
so I appreciate it.
I'm not here about that.
OK. What are you here for?
Officers Wagner and Farley
filed a complaint against you.
You're here to investigate me?
You can get in touch with your union rep
and consult an attorney if you want.
I don't need a lawyer. I don't
The officers claim
they ordered you to the ground.
They did, and I refused.
I wasn't about
to get on my knees for anybody,
much less those two cops.
Now, you and I both know
what could have happened
if I had complied.
Look, sometimes
you have to let things slide.
- Keep an eye on the big picture.
- OK.
I've had to put up with
a lot to get to where I am.
If you drop your complaint,
I'm confident they will too.
Right.
I understand what it feels like
to be on the other end of the nonsense.
I do. Trust me.
But let's face it,
nothing really happened.
Nobody got hurt.
So why make a big deal about it,
invite all kinds of negative attention?
This kind of thing makes us look bad.
Us?
The police.
Right.
[KNOCKS AT DOOR]
Price needs to see us.
Thanks for making time, Sergeant.
It's a tough one.
I'm not quite sure
what the right charge is.
I vote murder.
Innocent man is walking down the street,
minding his own business.
He gets bashed in the head.
I'm not really sure
what we're discussing here.
Well, Burke could have
a legitimate claim
of self-defense.
He can claim whatever he wants.
He was never in any actual danger.
And he left the man
bleeding in the street.
He had recently been the
victim of a violent mugging
in that same neighborhood.
His assailant hasn't been caught.
A physically imposing man
he's never seen before
Physically imposing Black man.
Right?
That approached him
for no apparent reason.
He was in fear for his life,
even though his fear turned out
to be unwarranted.
I'm no lawyer,
but doesn't that fear
have to be reasonable,
you know, from a objective
person's perspective?
Frank Cosgrove, Esq.
But a jury might determine
that Burke's fear was reasonable.
Reasonable?
Nolan, softening the charges
ratifies what they did.
I'm simply acknowledging
the weakness of a murder case.
You're a lawyer. You understand that.
I was a lawyer.
Now, I'm a cop.
A Black cop.
And unfortunately,
I just got yet another lesson
in what that means,
and what that means is,
when you're Black in this country,
you are guilty
in too many people's eyes.
Burke made a false assumption
based on Dr. Marshall's skin color,
and worse, he acted on that assumption.
And now, Dr. Marshall,
that Black doctor, is dead.
If that is not enough
for a murder charge,
I gotta start rethinking
how I'm spending my time
risking my life in the street with Frank
to bring you good arrests just
to watch you water them down.
Yes, I will.
Phone won't stop ringing.
CEOs, heads of charities,
more than a handful of political donors,
all asking me to reconsider
indicting Brian Burke.
Doesn't surprise me. He chairs one
of the biggest charitable
foundations in the city.
Everyone says he's a good man.
Certainly not a racist.
I'm not challenging his character, Jack.
I'm challenging his actions.
I've weighed both sides of the equation.
Jalen Shaw made a compelling case.
You want to charge murder?
Can you prove it?
It'll be close, but I have to try.
Why is that?
If I charge manslaughter,
what kind of message will I be sending?
That you can assault and kill Black men
because you're scared?
[KNOCKS AT DOOR]
Burke's lawyer wants to meet.
Says she has additional information
we need to consider.
I know that I should have called 911.
Why didn't you?
I panicked.
I know how it looks,
but I'm not a racist.
So what is this additional information
you want us to consider?
On the, um The night of the
The incident with Dr. Marshall,
I got an alert on my phone
that there was a
suspicious person in the area.
Who sent the alert?
Well, it popped up
on a neighborhood safety app.
What did it say?
"Be careful.
"There's a dangerous
Black man in the area.
"He's armed.
Exercise extreme caution."
Did the alert provide a description?
A little more than that.
It provided a picture of Dr. Marshall.
So Burke actually
might be telling the truth.
That's definitely Dr. Marshall.
Yeah, and these are
the posts that Burke saw.
The first one says, "A tall
Black man just mugged someone.
The mugger is armed
and extremely dangerous."
Dozens of people
post comments after that.
Another woman says
that they saw Dr. Marshall,
and she is sure that he's got a gun.
Then the story
takes on a life of its own.
It's like a dangerous
fearmongering version
of telephone.
Who started it?
A man named Daniel Deluca.
52. Works in real estate.
Lives downtown.
And he's done this sort of thing before.
What do you mean?
Well, he's posted that violent people,
usually Black men,
are on certain streets.
He puts up photos.
And then, he makes up stories
about them with guns and knives.
He gets the residents all riled up.
And then, inevitably, a chain
of racist rumors follows.
And the posts turn out
to be pure fiction.
- Has anyone else been hurt?
- Yeah.
One man was assaulted
by an angry mob of residents,
and two Black men were falsely arrested.
Brooke's lawyers
could wind up calling Deluca
to support their self-defense claim.
I wanna be prepared
to cross-examine him.
I look forward to meeting this guy.
I don't know what to tell you.
I was walking through
the meatpacking district,
meeting my girlfriend for a late dinner.
I saw a guy who looked suspicious.
What made him look suspicious?
I thought he had a gun.
Those people,
coming into our neighborhood,
ruining it for the rest of us.
Those people?
What do you mean by that?
You know, criminals.
So you think you're doing
some kind of a public service?
Actually, I do.
Plus, I've got three kids,
elderly parents.
No one is safe anymore.
You
You're out of line.
You can't just go around
posting whatever you want.
That's dangerous. Reckless.
You're practically asking somebody
to take the law into their own hands,
maybe even commit an act of violence.
Turn around.
You heard him. Turn around. Turn around.
Come on. Come on.
Hands behind your back.
Daniel Deluca, you're under arrest.
What for?
Manslaughter.
I'm assuming you ran this by Price.
You arrested Daniel Deluca?
Charged him with manslaughter?
Good to see you, Price.
We're on solid footing with that.
Deluca's actions were the direct cause
of Dr. Marshall's murder.
Didn't think to consult with me first?
We have initial discretion
to make the arrest, Nolan.
There were no exigent circumstances.
Have a seat.
You wanna play prosecutor,
join the DA's office.
Otherwise, stay in your lane.
Mm. Well, you don't wanna charge Deluca,
that's on you, buddy.
We got a good case.
Not so sure about that.
And we'd have to flip Burke.
Well, let's flip him then.
You're the one who urged me
to charge him with murder.
And I stand by that, but new
information has come to light
that says that Deluca is more culpable.
He incited Burke.
He made the guy
feel like he was in danger.
But for Deluca's post,
Dr. Marshall would still be alive today.
I get it, but Burke is the one
who smashed him in the head
with a wine bottle.
Yes, and Deluca's
reckless posts made him do it.
He has to be held accountable for that.
Is there any way
you can prove both cases?
Try Burke and Deluca together?
I need Burke's cooperation
to win against Deluca.
You can prove Deluca was reckless,
that he created a dangerous situation
and put Marshall's life in jeopardy
with evidence of his past behavior.
But that's only half the battle.
I need Burke to say he saw the posts
and that he believed what was in them.
Then get him a deal. Get him on board.
OK, but I'd be sacrificing
the murder case against Burke
for a much weaker case against Deluca.
Opportunity and risk come in pairs.
If you think Deluca
was the most responsible,
set your sights on him.
Mr. Burke, you're here as part
- of a cooperation agreement?
- That's true.
In exchange for your testimony,
you'll receive a seven-year sentence.
Yes. I will plead guilty
to manslaughter.
Tell the members of the jury,
why did you kill Dr. Darian Marshall?
Because I thought
that he was going to kill me.
Did you believe he had a weapon?
A gun, yes.
Why did you think this?
Because the defendant
put things on an app.
You're referring to
the defendant, Daniel Deluca?
Yes.
I believed what he posted.
I thought that I was in danger,
and I was protecting myself.
Thank you. Nothing further.
My client didn't kill Darian Marshall.
You did.
Regrettably, yes.
You took a bottle,
smashed it over his head,
and left him to die.
I wish I could take it back.
And so, you're doing
the next best thing,
trying to blame someone else.
Objection. Argumentative.
Overruled.
You killed someone,
and then you got a sweetheart deal
from a prosecutor who is hellbent
on making a political statement.
Your Honor.
Withdrawn. Nothing further.
You're excused, sir.
Call your next witness, Mr. Price.
People call Detective Jalen Shaw.
The defendant started
a chain of racist messages
and then posted
a picture of Dr. Marshall.
Has the defendant made
postings like this in the past?
Yes.
Men Black men
Walking down the street,
minding their own business
are the targets of these posts?
Correct.
And some of these innocent
men have been arrested,
and one has actually been assaulted?
Yes, he was punched in the head
and then hospitalized for a concussion.
Thank you.
Detective, are you aware
that the NYPD uses these apps
to fight crimes
and put out police alerts?
Objection. Relevance.
What is the relevance?
This is a case about free speech
and civic participation.
They should be giving my client
a medal for citizenship.
Not being put on trial for homicide.
Objection is overruled.
Counselor, I'm aware
that the NYPD is using
certain crime-fighting apps.
And when these apps are used
in a responsible manner,
they can be a useful tool.
Problems arise
when they're used recklessly.
You know a lot about
recklessness Detective Shaw,
don't you?
Objection. Argumentative.
Ask another question, Miss Stanley.
Violating NYPD rules and
regulations is also reckless,
isn't it?
It depends on the circumstances.
Detective Shaw, is there a pending
Internal Affairs complaint against you?
There's one pending, yes.
You violated your department's policy.
You failed to comply with the
request of a fellow officer?
That is the allegation.
So your own department
has taken action against you.
It has.
And the underlying incident
involves a dispute
that you had with white police officers.
I was racially profiled.
And charging my client,
a white man, with homicide,
that's your way of
balancing the scales, isn't it?
- Objection.
- Sustained.
Nothing further.
Detective Shaw, you're excused.
Yeah.
You're the subject of an
Internal Affairs complaint?
- It's complete nonsense.
- That's not the point.
If you had told me,
I would have been prepared.
I would have never put you on the stand.
OK. He screwed up. Let's move on.
What do you need?
Deluca is going
to testify tomorrow morning.
The defense has put us
back on our heels,
and at the same time,
they're selling Deluca
as some well-intentioned guy
who bears no responsibility
for what happened.
We need to disprove that.
His posts are part
of a pattern of conduct.
We can get you police reports,
medical records that show
his past posts hurt people.
I need more. I need evidence
of his motive, his state
of mind, that he is racist.
I've been looking through
his social media accounts.
He doesn't belong
to any white supremacy groups
or any other fringe organizations.
And he's never posted anything
that's scandalous or racist.
Well, what kind of things does he post?
Mostly real estate stuff.
It looks like he buys
and sells apartments.
Is anybody else
noticing something similar
about all these addresses?
That can't be just a coincidence.
My goal is to help
my fellow New Yorkers.
I wanna make a difference,
reclaim the streets from the criminals
that have taken over this great city.
You had no control over
Mr. Burke's actions, did you?
My heart goes out
to Dr. Marshall's family.
But I had no idea anyone would die.
Thank you.
You're in the real estate
business, correct?
- You buy and sell apartments?
- Yes.
Crime, or reports of crime,
can drive down the value
of buildings
in a particular neighborhood,
can't it?
It can.
You've been planting false
reports of criminal activity
in order to decrease the value of homes
in certain neighborhoods, haven't you?
Price tags go down,
you purchase properties, and eventually,
when the neighborhood
is seen as safe again,
you sell the property
and make a hefty profit.
Objection. Facts not in evidence.
Well, then allow me
to give an offer of proof.
A certified report from the New
York City Register's Office.
Four transactions in the past two years.
I'll accept the offer. Proceed.
You issued
several fictitious posts
about Black criminals
on streets where each of
these properties were located.
Each of these posts described a man
as armed, dangerous, acting erratic.
I'm not sure about that.
Well, then let me help
refresh your memory.
You do recognize these posts?
I guess.
And then, within a matter of weeks,
you purchased the apartment.
You made a killing,
didn't you, Mr. Deluca?
- Objection.
- Overruled.
Answer the question, sir.
I'm a businessman.
I made a profit.
Thank you. That's all I have.
[DRAMATIC MUSIC]
♪
Madame Foreperson,
has the jury reached a verdict?
We have, Your Honor.
How do you find?
We find the defendant
guilty of manslaughter
in the first degree.
Members of the jury,
thank you for your service.
You are excused.
Court is in recess.
Congratulations.
Sometimes we get it right.
But something tells me
that's not why you're here.
Nope. I just got a call.
Internal Affairs
is closing the investigation.
Closing it?
They found your allegations
to be unsubstantiated.
I wish I could say
I was surprised, but
And what about
their allegations against me?
That complaint stuck.
They're suspending you
for a week without pay.
Look, Jalen,
I have seen positive changes
in the department,
but the blue wall
is still the blue wall.