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00:05In the criminal justice system, the people are represented by two separate yet equally
00:10important groups.
00:11The police who investigate crime and the district attorneys who prosecute the offenders.
00:15These are their stories.
00:24No, someone, please, we're trapped!
00:39Anyone here?
00:41Please, you want to help me?
00:43Come on.
00:51I need you to calm down.
00:52We're going to get you out.
00:54I need you to stand back.
01:00Come on, come on, let's go.
01:02We don't have much time.
01:03Go with them, we'll get you out.
01:05Come on.
01:07One's coming out.
01:12Anybody in there?
01:17Ice down, Peralta!
01:19Backdraft!
01:26It was a backdraft, you've been trained for this.
01:29Sidecap.
01:30And this job deserves no second chances.
01:33Yes, sir.
01:39It's Clint Braddock, captain of this ladder company.
01:42I'm guessing this is the murder weapon.
01:44Halligan Tool, fireman's best friend.
01:47Not today.
01:48You were the first on the scene?
01:50Yeah.
01:51Call came in a little after midnight.
01:52One of the firefighters who was staying in the house came down and found him dead.
01:56Call 911.
01:57Everyone else was upstairs asleep.
01:58You know how many people were in the house?
02:00Nine.
02:01Not including the captain.
02:02They're all still here.
02:03I've got unis taking their statements.
02:04Any signs of forced entry?
02:06No.
02:06But the backdoor to the kitchen was standing wide open when we arrived.
02:10Hey, Vince.
02:11This is our guy, Braddock.
02:14He's at ground zero on 9-11.
02:16Led a team in the tower, too.
02:20Man was a real-life hero.
02:46It was a real-life hero.
02:48Guys, let me know that we all got this little primary.
02:48We got this very big.
02:48They got this little room for the women.
02:49It was pretty big a lot.
02:49The men of the men of the men of the men of the men .
02:52They were all set up.
02:53They all were not in the girls.
02:56They were very rich.
02:56They were really important.
02:56It was just a authentic.
02:58It was the best-fighting.
02:58You've got this guy, Braddock,
03:00which was the biggest-fighting,
03:01I didn't know what it went on.
03:12We responded to a 1075.
03:14That's a structural fire.
03:16It was an apartment building, but things got pretty intense.
03:19And you're the one who called 911?
03:21Mm-hmm.
03:22All right, can you tell us what happened?
03:24When we got back, everyone was pretty tired.
03:27And you never know when the next call is going to come.
03:30So we all went to bed.
03:31But Cap, he stayed up.
03:32He said he had some work to do.
03:34What time was that?
03:37Around 1030, maybe.
03:40But I couldn't sleep.
03:41My adrenaline was still pumping from the fire.
03:44Anyways, around midnight, I heard what sounded like shouting from downstairs.
03:49So I got up to see what was going on.
03:51You see anything or anyone suspicious?
03:53No.
03:54Well, Cap wasn't in his office.
03:57So I came downstairs and saw that the back door was open.
04:01It was freezing.
04:03That's when I knew something was wrong.
04:05So I searched the house.
04:09And I found him.
04:12Do you know of any problems he was having?
04:15Anyone who might have wanted to hurt him?
04:17No.
04:18The man wasn't just a legend.
04:20And it was the real deal.
04:23He saved my life.
04:24Last night.
04:27Spoke to the other eight firefighters who read the station last night.
04:30They all gave sworn statements that they were asleep and didn't hear or see anything unusual.
04:35Unhelpful.
04:36And also the same thing about Braddock, too.
04:38He was a hero.
04:39Everybody loved him.
04:40Okay.
04:41Extra unhelpful.
04:42But still, any one of them could be a killer.
04:43Well, theoretically, but there's this.
04:46Security footage from the back entrance of the station shows Braddock letting somebody in at around 11.26 p.m.
04:52No angle on the person's face?
04:54Uh-uh.
04:54And because of the hood and the jacket, you can't tell if it's a man or a woman.
04:57But check this out.
04:58Twenty minutes later, you leave at the same door.
05:01Now that's 16 minutes before the 911 call.
05:04So it looks like Braddock knew his killer?
05:07I mean, what about the murder weapon?
05:08Any prints?
05:09Dozens.
05:09They all track back to members of Braddock's latter company.
05:12Which tracks, if you zoom in, mystery person's wearing gloves.
05:17So, how does a guy beloved by everybody end up with his head bashed in?
05:22I wouldn't say everyone.
05:23We're going for his text messages.
05:25Looks like he was going for a pretty nasty split from his wife.
05:28Sounds promising.
05:30Then it gets better.
05:31Braddock had her serve with divorce papers yesterday afternoon.
05:38Our understanding is that the two of you were having some parable problems?
05:43You mean he was leaving me?
05:44We read his text messages.
05:46You seemed pretty upset.
05:48Because I didn't want a divorce.
05:51Because I loved him.
05:53I would never.
05:59I had an affair.
06:01It was a mistake.
06:03I begged him to take me back, but he couldn't.
06:06I hoped that maybe with time.
06:09But no.
06:11Where were you last night?
06:13Around midnight?
06:15I was a mess.
06:17Got the divorce papers.
06:19So I had a few girlfriends over.
06:20We drank some wine and watched a movie.
06:22Well, we'd like to get those friends contacts, if that's all right.
06:26Do you think of anyone who had issues with your husband?
06:32Wait, yes.
06:33Actually, the day before yesterday, a man came by the house.
06:38I don't know what it was about, but he and Clint got into a fight on the front lawn.
06:41You know who the man was?
06:43No, he'd already taken off by the time I came out.
06:45I asked Clint what was going on, but he didn't want to talk about it.
06:50I noticed the doorbell cam on the way in.
06:52Does that work?
06:55Candace Newman's friends all back up her alibi.
06:58Apparently, they watched The Notebook.
07:00Oh, God.
07:00So she's a glutton for punishment.
07:03And what about this guy she claims got into an altercation with Braddock?
07:07Yeah, I got the footage right here.
07:12Can we hear what they're arguing about?
07:14Too far away from the camera to make it out, but wait for it.
07:18Our Vic threw the first punch?
07:19The only punch.
07:20Level the guy with one swing.
07:22So maybe our mystery man showed up at the station to even the score?
07:26Well, I used the truck's plates to pull the DMV records.
07:28Belongs to a Steven Del Vecchio.
07:3052, lives in Yonkers.
07:31What's the connection with Braddock?
07:33Del Vecchio was a 30-year FDNY veteran assigned to Braddock's ladder company
07:37until two months ago when he retired.
07:39Okay.
07:40Well, let's find out why things got physical between these two.
07:55Thea.
07:59Is that smoke?
08:00NYPD, is anyone in there?
08:02The engine's running.
08:03It's not smoke, it's exhaust.
08:08Find the door open.
08:15Okay, I got it.
08:16Got it, let's go.
08:17All right, set him down.
08:18Yeah.
08:20Watch his head.
08:20I got it.
08:21All right.
08:22Hey, Steven?
08:25Steven?
08:27Hey, we need an ambulance.
08:281461 Elmhurst.
08:30Caucasian male, unconscious, spent the carbon monoxide poisoning.
08:34Hey, hey, hey.
08:35Hey, can you hear me?
08:36Huh?
08:37Hey.
08:38Steven?
08:39Steven?
08:40You all right?
08:42I'm sorry.
08:42Hey, hey, it's okay.
08:44It's okay.
08:44I'm so sorry.
08:45It's all right, all right.
08:45Stay with me, all right?
08:46We got you.
08:48I can't live with what I've done.
08:50I can't take the guilt.
09:01He's lucky you found him when you did.
09:03I'm not sure he'd agree with you.
09:04Right, so because this was a suicide attempt, we're required to hold him for a 72-hour observation
09:09period.
09:10I get it, but we'd like to talk to him now.
09:12Is he awake?
09:13He is, but I'd really rather you wait until after the social worker has had a chance to
09:17assess him.
09:17Yeah, that's not gonna happen.
09:19He's been through a lot today already, and in his state...
09:21Listen, we're investigating a murder, so if he's coherent, he's fair game.
09:26I don't understand.
09:27Clint's dead?
09:28Don't waste our time here, Steve, man.
09:30Come on.
09:30I'm serious.
09:31I didn't know.
09:31Then why did we find you in your garage trying to take off for good?
09:35I don't want to talk about it.
09:38You already did, Steven.
09:39You don't remember?
09:40You confessed?
09:41You said you couldn't live with what you had done, that you were sorry?
09:44I was talking about something else.
09:46Yeah, sure you were.
09:47We know you and Braddock were beefing and that he knocked your ass out.
09:50You saw the video, so what?
09:52You show up the next day to get some payback?
09:54Maybe things went a little too far, maybe you swung a little too hard.
09:57You don't understand.
09:58Clint was one of my best friends.
10:00We worked together for over 25 years.
10:02I don't know about you, but my best friend never punched me in the face.
10:06That's probably because he never done anything as bad as I did.
10:11I was having some money trouble, so a buddy of mine set me up with a doctor who was helping
10:17guys like me, guys who are at ground zero, get some extra cash.
10:21You worked 9-11?
10:22Yeah, I was with Clint.
10:24It was a nightmare.
10:25It was everything you would imagine, but worse.
10:28That's why the World Trade Center Health Fund covers treatment for PTSD.
10:32You didn't have PTSD, did you?
10:38A few months ago, Clint figured out what was going on.
10:42Out of respect for our friendship, he didn't turn me in, but I had to agree to stop taking
10:45the cash and retire.
10:48Even worse, he said we were done as friends.
10:50He didn't want to speak to me ever again.
10:52So I went over to his house to talk it out, but, well, you saw that one.
10:56FDNY is the only family I ever had.
10:59That really mattered.
11:02Now I have nothing.
11:03So that's why I...
11:06So where were you last night, around midnight?
11:10Getting piss-blind drunk in a bar.
11:13Duff's in Greenpoint.
11:15Called the bar in Brooklyn, Dodecchio's alibi checks out.
11:19He was there until last call, drowning his sorrows in whiskey.
11:22Yeah, but we could charge him with fraud.
11:23Stealing from the health fund.
11:25The guy could actually benefit from some mental health services, which is sort of ironic if
11:29you think about it.
11:29True.
11:30I had Ye go through Braddock's computer.
11:33She found an email from a senior marshal in the fire department.
11:36He said he wanted to talk to Braddock about something serious in private.
11:41So Braddock told him to come by the station later on that night.
11:44It's the night of the murder.
11:49We know that's you sneaking out the back door of the firehouse the night Captain Braddock
11:52was killed.
11:53I mean, you're correct.
11:54That's me, but I'm not sneaking out.
11:55I'm just leaving.
11:56Well, after you just left, Captain Braddock was found with his head cracked open.
12:00I'm aware.
12:01So it looks like you were the last person to see him alive.
12:04I can't have been the last person because he was fine when I left.
12:07I'm telling you the truth.
12:08I went to the firehouse to discuss something work-related with him.
12:12Well, if you're discussing something work-related, then why all the cloak and dagger?
12:15I mean, meaning at midnight.
12:17We were discussing a delicate matter, friend to friend.
12:22Why not come forward when you find out he got killed?
12:24There was no point.
12:25I don't know anything.
12:27So I just kept my mouth shut.
12:31So what did you come to see Captain Braddock about that evening?
12:36Three weeks ago, there was an electrical fire at a jewelry store in the Diamond District.
12:40Braddock's company put out the fire.
12:42Janka was the marshal assigned to oversee the case.
12:45Mostly just due diligence stuff, you know, determining cause, assessing damage, stuff like
12:49that.
12:49But during the course of his investigation, Janka discovered that a $500,000 diamond necklace
12:55that had been reported lost in the fire had actually been stolen.
12:58And that Braddock and his crew were the only ones that had access to the scene.
13:02Okay, but why was Janka at the fire station that night?
13:06To give Braddock a heads up.
13:08You know, a friend of friend, that one of his guys might be a thief.
13:11He gave Braddock a file and then he took off.
13:13According to Janka, when he left, Braddock was still very much alive.
13:16We have the security footage.
13:18We know no one else entered the fire station that night.
13:20So if Braddock was alive when he left...
13:22The murderer was already in the firehouse.
13:29These are the nine firefighters that were staying at the station the night of the murder.
13:33Cross-checked them against the prints we pulled from the murder weapon.
13:35Narrowed the list down to these five.
13:37Any of them worked the jewelry store fire?
13:39All five of them.
13:40We reviewed their statements, didn't find any inconsistencies or obvious omissions.
13:45That's interesting.
13:46What?
13:46According to this personnel file, one of these guys has a prior felony conviction.
13:54There you go.
13:55Served three years for burglary.
13:58Seems like a good place to start.
14:01Diego Peralta.
14:03He's the one who found the body and called 911.
14:07Told you everything I know.
14:08I heard arguing, so I came downstairs.
14:10Right, yeah, you saw the back door open, you found the body, we know all that.
14:14We want to talk to you about something else.
14:16You worked the fire at Powell Brothers Jewelers a few weeks back, right?
14:21Why are you asking about that?
14:23You know anything about a necklace that got burned up in the fire?
14:26Pretty expensive one.
14:27Worth about 500 grand.
14:29So the people that look into this kind of thing, they think that maybe the necklace wasn't destroyed in the
14:34fire,
14:34but that it was actually stolen.
14:36By one of the firefighters.
14:40So we think maybe Braddock talked to you, maybe you got upset.
14:47I want a lawyer.
14:51And we got phones down at the station, you can call one from there.
14:55Come on.
14:57Clammed up the second we asked him about the jewelry store fire.
15:00As his captain, Braddock would have known about his prior burglary conviction, so once he got word the necklace was
15:05stolen.
15:05Braddock confronts him, Peralta panics, grabs a halogen, strikes Braddock to keep him from reporting him.
15:11And then calls 911 and pretends he found him dead.
15:14Can we prove that Peralta stole the necklace?
15:16No.
15:16We looked into his finances, but there's nothing suspicious.
15:20We need more to charge.
15:24But given his criminal history, we might have enough probable cause to get a search warrant.
15:33How can you just come into our home like this?
15:35You have no right.
15:36Sorry for the intrusion, man, but as you can see from that doctor, you can...
15:39I don't care what this says.
15:40You're wrong.
15:41Dee would never.
15:42Mommy?
15:44Hey, me, Sienna.
15:45Mommy?
15:46Hi.
15:49What's happening?
15:50Nothing, baby.
15:52These nice people are just helping Mommy look for something.
15:55Where's Daddy?
15:57He's at work.
15:58Putting out fires?
16:00That's right.
16:01Come on.
16:01Let's go outside and play.
16:07Hey, sign of the necklace.
16:09Nothing yet.
16:10If I'm being honest, I'm hoping that maybe we got this wrong.
16:13I found this in the dumpster in the building's basement.
16:21So much for getting it wrong.
16:32I guess what we just found at the bottom of your trash sheet, Diego.
16:37The FDNY file about the fire at the jewelry store?
16:41No, the one that says that that very expensive necklace didn't burn up in the fire?
16:45Braddock's buddy gave him that file the night he was killed.
16:48Yeah, right before, actually.
16:50Which means the only way it ends up at your place is if you took it.
16:53It's got blood on it, too, so we're having to test it.
16:56But we both know it's going to be Braddock's.
16:59So now this, Diego.
17:01This is your opportunity to come clean and confess.
17:04That maybe we can work something out with the DA, get him to go easy on you.
17:07Don't say anything.
17:09Look, my client has already told you everything he knows.
17:11Judges take these things into consideration when it comes to sentencing.
17:14I mean, you don't cooperate now.
17:16Your criminal record...
17:17But he has nothing more to say.
17:21Lab confirmed it was Braddock's blood on the file.
17:25Book him.
17:26Stand up, please.
17:30Diego Peralta, you're under arrest for murder.
17:37How does the defendant plead?
17:38Not guilty, Your Honor.
17:40I'll hear you on bail, Ms. Moran.
17:42Your Honor, the defendant brutally murdered a national hero,
17:46crushing Captain Clint Braddock's skull
17:48with the same tool Braddock used to save an untold number of lives.
17:52Your Honor, we believe that the defendant killed Braddock
17:54to cover up another crime he had committed,
17:56a theft of a diamond necklace worth $500,000 from the scene of fire.
18:02Is he being charged with that as well?
18:03Not at this time, but we believe that he has access to the necklace
18:07or the monies he received from selling the necklace,
18:10which makes him a flight risk.
18:11As such, the people request remand.
18:14My client has access to zero funds because he didn't steal anything,
18:17nor is he guilty of murder.
18:19He's, in fact, the victim here.
18:21Excuse me?
18:22He's the victim.
18:24Meaning what?
18:25Meaning that Mr. Peralta did, in fact, kill Clint Braddock.
18:30But he did so because he was in fear for his life.
18:34This isn't murder, Your Honor.
18:36It's self-defense.
18:44They're saying Peralta didn't steal the diamond necklace.
18:47Braddock did, and Peralta was going to turn him in,
18:49which prompted Braddock to attack him.
18:52So they're looking to ship land to the victim
18:53and take advantage of the fact that the dead guy can't defend himself.
18:56That's our case.
18:57It's strong.
18:58Peralta found the body and lied to detectives
19:01about what happened on the night of the murder on two separate occasions.
19:03And when police searched Peralta's home,
19:05they found evidence that had gone missing from the crime scene
19:08with the victim's blood on it.
19:09Is there any evidence to support his self-defense theory?
19:12Any reason to think Braddock might have stolen a necklace
19:14or gotten violent with Peralta?
19:16No.
19:16Braddock's reputation was beyond reproach.
19:19There's not so much as a blemish on his record.
19:21The defendant, on the other hand,
19:22served three years in fish kill for burglary.
19:25Since when does the FDNY hire ex-cons?
19:27Started in 2016.
19:28They relaxed admission standards to boost diversity,
19:31give deserving felons a second chance,
19:33but Peralta cheated the system.
19:35How so?
19:36The program is only open to people with one felony conviction.
19:39Peralta has two, but one of them was sealed
19:41because he was 15 at the time.
19:43Let's get it unsealed.
19:44We already did.
19:46Third degree assault.
19:49Third degree?
19:50This guy was beaten to a pulp.
19:52Prosecutor pushed for first degree,
19:54but the victim didn't want to move forward,
19:55so they gave him a deal.
19:56So the defendant has a history
19:58not only of stealing, but of physical violence.
20:00See if the judge will allow it.
20:06You're suggesting that Mr. Braddock's death
20:08somehow resembles an assault
20:09my client committed against a bodega owner in 2009?
20:13That bodega owner caught the defendant
20:15stealing burner phones for his street gang.
20:17The actual assault occurred
20:18when the bodega owner attempted to alert law enforcement.
20:23Not quite following the logic.
20:25People intend to prove
20:27that the defendant murdered Clint Braddock
20:28for precisely the same reason,
20:30attempting to report the defendant's criminal behavior
20:32to the authorities.
20:34To do that, we need to establish
20:35how the defendant reacts to this specific provocation.
20:38So the state intends to prove
20:39my client's animus towards snitches?
20:42Miss Meadows may think this is a joke,
20:44but the people don't.
20:45Your Honor, this is propensity evidence in disguise.
20:48Mr. Price is trying to use
20:49the stigma of my client's juvenile record
20:52to launder the facts of the case
20:53to fit the people's narrative.
20:55And they're not just doing it to the jury.
20:57They did it with the search warrant.
20:58Excuse me?
20:59I move to exclude the evidence
21:01from the search of Mr. Peralta's home.
21:03On what grounds?
21:04As I said, the search warrant improperly
21:06relied on my client's criminal history
21:08to establish probable cause.
21:10So any evidence obtained pursuant to the warrant
21:12should be suppressed as fruit of the poisonous tree.
21:14Miss Meadows is conveniently ignoring
21:16that the affidavit also points out
21:18that Peralta was present on the night of the murder
21:21and lied to police in his initial interview.
21:23So in conjunction with that other evidence,
21:25his priors are fair game to establish probable cause.
21:31Hmm.
21:33I'm denying both motions.
21:35Evidence related to the warrant search is admitted.
21:37The defendant's prior convictions are not.
21:48Detective Riley, you found this case file
21:51while executing a search warrant
21:52in the defendant's home, correct?
21:54Yes, we found that in a dumpster inside his building.
21:56Please explain for the court the contents of this file.
21:59It's an assessment by Fire Marshal Julian Jenka
22:02that a diamond necklace had been stolen
22:05from the scene of a fire at a jewelry store.
22:08Captain Braddock had that on him at the time of the murder.
22:10Detective Riley, when did you first speak to the defendant?
22:13At the scene.
22:14He's the one who found Braddock's body.
22:15And what did he say?
22:17He said that he found Captain Braddock dead
22:19and called 911.
22:20Didn't say anything about killing Captain Braddock
22:23in self-defense?
22:24No, he did not.
22:26He did say that Captain Braddock had saved his life
22:28earlier that night at the scene of a fire.
22:31Thank you. Nothing further.
22:34Detective, you testified that you searched
22:35Mr. Peralta's home.
22:37Did you find the stolen necklace in question?
22:39No.
22:40And I assume that you explored the possibility
22:42that he had already sold it.
22:44Did you find any irregular cash deposits made
22:47to his bank account or cash in his mattress
22:50or the ceiling?
22:52No.
22:52And yet prosecution is claiming
22:54that Mr. Peralta committed this murder
22:56to cover up his theft
22:58even though there is absolutely no evidence
23:00that he in fact stole the necklace.
23:02Just because we didn't find it
23:03doesn't mean you didn't take it.
23:04True.
23:05But here's the thing that's so disturbing here.
23:07You never bothered to investigate
23:09my client's version of events.
23:11You never searched Captain Braddock's home?
23:13To be clear, we didn't even hear
23:14your client's version of events
23:16until after he was charged with murder.
23:18And we did look into it.
23:19We found no evidence whatsoever
23:21pointing to Braddock.
23:22But you never searched his home?
23:24Didn't have a cause to.
23:25Nothing further.
23:28You visited Captain Braddock
23:29on the night of the murder, correct?
23:31Yes.
23:32I was investigating a taxpayer fire
23:33at Powell Brothers Jewelry
23:35near 47th and 5th.
23:37Was knocked down by Braddock
23:38and the defendant's station.
23:40I found some troubling evidence
23:42that I needed to discuss
23:43with Captain Braddock.
23:44What evidence was that?
23:46Some missing merchandise.
23:49Most notably,
23:50a very expensive necklace
23:51that was comprised of gold and diamonds.
23:54Basic structure fire
23:55can vaporize a diamond
23:56and melt gold,
23:57but where they kept
23:57this particular necklace
23:59was outside of the hot spot.
24:00So someone must have taken it.
24:02Not just someone.
24:03Based on everything,
24:04only time it could have gone missing
24:06was when Braddock's company
24:07had the place locked down.
24:08So that's why you met
24:09with Captain Braddock
24:10on the night of the murder?
24:11Yeah.
24:12This kind of thing
24:13could stain the department.
24:16Braddock was a friend,
24:17figured we'd put our heads together
24:18and get ahead of this thing.
24:19Convince the thief to come forward,
24:22minimize punishment,
24:23protect the department.
24:24Everybody wins.
24:26When you spoke that night,
24:28what did Captain Braddock say?
24:29He said I was full of it.
24:31Didn't believe any of his guys
24:32would dishonor the department like that.
24:35Only came around
24:36when I showed him the evidence.
24:38Then what happened?
24:39He said he'd look into it.
24:42And I left.
24:44Thank you, Marshal Junkin.
24:45Nothing further.
24:47When Captain Braddock
24:48said that he would look into the theft,
24:50he never mentioned my client by name,
24:52did he?
24:53No.
24:53As far as you know,
24:54the thief could have been
24:55any one of the firefighters
24:57that tended to the fire that day,
24:59including Captain Braddock.
25:03Yes, I suppose,
25:04but there's no way Braddock
25:05would be involved.
25:05You're an investigator, Marshal.
25:07You follow evidence.
25:08I'll ask again.
25:09Based on the evidence
25:10that you collected,
25:11is it possible that Braddock
25:13could have stolen
25:13the necklace himself?
25:16Yes, it's possible.
25:19Nothing further.
25:22Let me direct, Your Honor.
25:23Marshal Junkin,
25:25can you tell us
25:26how long Captain Braddock
25:28served in the FDNY?
25:29Twenty-seven years.
25:31And in all that time,
25:32was there ever
25:33so much as a hint
25:35of impropriety?
25:37No.
25:37As part of your investigation,
25:39did you review the personnel files
25:40of the men
25:41in Captain Braddock's fire station?
25:42Yes, of course.
25:44How long had the defendant
25:45worked in the FDNY?
25:47Six months.
25:48Six months.
25:49And in these six months,
25:51a $500,000 necklace
25:53just so happens to disappear...
25:55Objection, Your Honor.
25:56Good drawing.
25:57The only brother, Your Honor.
26:00prosecution rests.
26:04Mr. Price?
26:06I'm sorry to bother you,
26:07but there's something
26:07you need to know.
26:09I'm pregnant.
26:11I-I-I-I can only imagine
26:13that must make all of this
26:15even more difficult.
26:16No, you don't understand.
26:17We have a son, Anthony.
26:19Diego wasn't around
26:20when he was born.
26:21He was in prison.
26:22It broke him.
26:23So he turned himself around.
26:25He tried to do good.
26:26He wanted to be a role model
26:27for Anthony and others.
26:28That's why he became a fireman
26:29in the first place.
26:30I'm sorry, miss.
26:31We really shouldn't be talking.
26:32Diego knew I was pregnant.
26:34He wouldn't have done anything
26:36to risk going back to prison
26:38and missing the birth
26:39of his second child.
26:40There's no way he did
26:42what you're accusing him of.
26:45He did his time.
26:47He paid his debt.
26:50Why won't you believe him?
27:03Her heart goes out to her.
27:05Two months ago,
27:06she had this beautiful family,
27:08beautiful life.
27:10Now it's on fire.
27:12Sorry, pun not intended.
27:14Look, I get it,
27:15but she took a flyer
27:17on the wrong guy.
27:19Meaning what?
27:21You want to build
27:21a nice, happy family,
27:23don't marry a guy
27:25who likes to commit crimes.
27:29Clint and I were friends
27:30for over 25 years,
27:32so I have no interest
27:33in helping him.
27:34Your Honor,
27:35permission to treat
27:36the witnesses hostile?
27:37So granted.
27:38Mr. Delvecchio,
27:39on the afternoon
27:40of February 27th,
27:41you had an altercation
27:42with Clint Braddock,
27:43didn't you?
27:44Objection,
27:44Your Honor.
27:45Relevance.
27:46It speaks to the reasonableness
27:47of my client's
27:48self-defense claim.
27:49We're establishing
27:50he wasn't the only person
27:51Clint Braddock attacked.
27:52You want to imply
27:53that the victim in this case
27:54is the one with the propensity
27:55for violence?
27:56Share carefully,
27:57Mr. Price.
27:58Your Honor,
27:58the incident in question
27:59happened mere days
28:00before Mr. Braddock's death.
28:02It speaks to his state of mind
28:03at the time of the incident.
28:04Objection overruled.
28:05Answer the question,
28:06Mr. Delvecchio.
28:07We got into a fight,
28:08yeah,
28:09but he didn't attack me.
28:10No?
28:11What would you call this?
28:18It wasn't as bad
28:19as it looked.
28:20I understand why
28:21you want to protect
28:21your friend,
28:22Mr. Delvecchio,
28:23but the fact is
28:24he assaulted you,
28:25didn't he?
28:26Yes.
28:26And two days later,
28:28he did the same thing
28:29to my client,
28:30someone he didn't have
28:3125 years of friendship
28:33with to hold him back.
28:35Nothing further.
28:37Mr. Delvecchio,
28:38we saw in the video
28:39that Captain Braddock
28:40punched you.
28:41Did he hit you again
28:41after that?
28:42No, just the one time.
28:44Outside of this incident,
28:45did you ever know him
28:46to be violent
28:47towards you or anybody else?
28:49No.
28:53What were you two
28:54arguing about that day?
28:59I, um, I,
29:01I stole money
29:02from the World Trade Center
29:03Health Fund
29:04and Clint knew about it.
29:09Truth is,
29:10I deserve worse.
29:18Nothing further,
29:19Your Honor.
29:20The witness is excused.
29:22Ms. Matos?
29:24Ms. Matos?
29:27The defense calls
29:28Diego Peralta.
29:31The defense calls Diego Peralta.
29:38The defense calls Diego Peralta.
29:41I was sleeping.
29:43Captain Braddock woke me up.
29:45He brought me downstairs.
29:47Asked about the jewelry store fire.
29:50Wanted to know what I remembered
29:51about Overhaul.
29:53What did you say?
29:55Braddock and me
29:55were the last two inside.
29:57We swept the northeast corner
29:59of the building
29:59and were on our way out.
30:02when he said he left
30:03this thermal imaging camera behind.
30:05Told me to wait
30:07while he doubled back.
30:09Was only gone a minute.
30:12And then we left.
30:13And how did Mr. Braddock react?
30:16He told me I was misremembering
30:17that he didn't leave
30:19the thermal camera
30:21and that we were together
30:22the whole time.
30:24And he said that people
30:25were going to be asking questions
30:27and we needed to have
30:28our stories straight.
30:32That's when I realized
30:33what was really going on.
30:34Which was what?
30:36He wanted me to give him
30:37an alibi.
30:39But I couldn't do that.
30:42I liked the captain.
30:44But I couldn't risk
30:46losing everything I have.
30:49Not for anyone.
30:51How did Braddock respond?
30:53He got mad.
30:57Reminded me he saved my life.
30:59Which is true, but...
31:01To be clear,
31:02did Braddock confess
31:03to stealing the necklace?
31:05Not at first.
31:07But then
31:08he told me he got a mess
31:10from breathing in debris
31:10at Ground Zero.
31:12But the health fund
31:13wouldn't cover the cost
31:14of his treatment.
31:15Said it wasn't fair.
31:17And that insurance
31:18had reimbursed the store anyway.
31:21That it was a victimless crime.
31:24I guess he felt like
31:25he was owed something.
31:27But you didn't budge.
31:28No.
31:30Then he started waving
31:31this file in my face.
31:34Said he could make it look like
31:36it was me who took the necklace.
31:39That it would be his word
31:40against mine.
31:42I didn't know what to do.
31:45So I tried to leave
31:46and go upstairs.
31:48But Braddock grabbed me.
31:51And we started shoving.
31:53And then he grabbed the halogen
31:55and I wrestled it away.
32:03And then he came at me again.
32:12That's when you hit him.
32:14Yes.
32:16I wish I could take it back.
32:21And I'm sorry.
32:25But he gave me no choice.
32:30I thought he was gonna kill me.
32:34So why not just say that
32:35to the police?
32:36I panicked.
32:37I knew he was right.
32:41No one would believe the truth
32:42coming from me.
32:44So I grabbed the file
32:46and I stashed it with my stuff.
32:48And then I opened the back door
32:50and...
32:51to make it look like someone ran out.
32:54and I called 9-1-1.
32:58I know lying was wrong.
33:02But I was scared.
33:05And I thought I had no choice.
33:14Nothing further, Your Honor.
33:19Court will stand in recess until tomorrow.
33:22We'll reconvene at 9 a.m.
33:25He was convincing.
33:26Especially when he said
33:28no one would believe the truth
33:29coming from him.
33:31Well, now we get to ask why.
33:32You opened the door
33:33and now we get to walk through it.
33:40Geraldo was right.
33:41I just spoke with
33:43a probiotic's neurologist
33:44a few months before the murder.
33:47He was diagnosed
33:48with early stage multiple sclerosis.
33:50Really?
33:51Yeah.
33:52In his estimation,
33:53it was environmental.
33:55Result of Braddock's work
33:56at Ground Zero.
33:57But since the science
33:59isn't there to prove it yet,
34:00the health fund
34:01denied him benefits.
34:02And yet,
34:03no one else
34:04in Braddock's life
34:05knew about this?
34:06His wife?
34:07His friends?
34:08Must have chosen
34:09to keep it a secret.
34:11So he kept it from
34:12everyone in his life.
34:14But Peralta?
34:17Which means...
34:20That means there's some
34:21merits to Peralta's
34:23version of events
34:24the night of the murder.
34:26Yeah, I suppose.
34:29But he could have
34:30found out before.
34:31Or he could have
34:32overheard a conversation
34:34with a doctor
34:35and even seen
34:36a medical bill.
34:42You're good?
34:45Yeah.
34:46Fine.
34:47I'll see you tomorrow.
35:00I didn't know
35:00you had a bottle
35:01stashed in here.
35:02I didn't know
35:03you came to the office.
35:08Something bothering you?
35:13The idea
35:15that Braddock
35:16stole the necklace
35:17has never made
35:18any sense.
35:22But now
35:23we know he was
35:24staring down
35:24a mountain of medical debt
35:25as a result of his service.
35:28Doesn't mean
35:28he committed
35:29grand larceny.
35:30No.
35:32But
35:34earlier today
35:37Peralta's wife
35:37asked me why
35:38I didn't believe
35:38his story.
35:39And
35:41if I'm being honest
35:43it's because
35:44I knew about
35:45his prior convictions.
35:46He also
35:47lied to the police.
35:49Yeah.
35:49It's a thing
35:50a person might do
35:51knowing how we tend
35:52to treat ex-felons.
35:54That's true.
35:56But we both know
35:57the best predictor
35:59of future behavior
36:00is past behavior.
36:01And other than
36:02the two felonies
36:03years ago
36:04he's been a solid citizen.
36:05He was a model inmate
36:07parolee
36:08he mentored
36:08at-risk kids
36:09he was making
36:10the most of his
36:11second chance.
36:12That's past behavior.
36:14That's recent
36:16past behavior
36:17which is more predictive
36:19than distant past behavior
36:21and I didn't take
36:24any of that
36:25into consideration.
36:26You think Peralta's
36:27telling the truth?
36:29I'm not sure
36:30how can we know
36:31for sure?
36:32We can't.
36:32We weren't there.
36:35All we can do
36:36is present the evidence
36:37and let the jury decide.
36:38Right.
36:38We present
36:39the prior convictions
36:40we paint him out
36:41to be an inveterate criminal
36:42and let the jury
36:42nail his ass
36:43for the cross.
36:44Look
36:44this job would be easy
36:45if we knew
36:46what really happened
36:47but we don't.
36:48We usually never do.
36:50So we follow the law
36:52we play every card
36:54we have
36:54just like the defense does
36:56and we let the 12 people
36:58who don't have a horse
36:59in the race
36:59make the decision.
37:00Yeah I get it
37:01trust me.
37:03But
37:06if every sentence
37:07is a life sentence
37:10what's the point
37:10of rehabilitation?
37:16Okay.
37:19If you feel this strongly
37:20dismiss the case.
37:25I can't do that.
37:26It's like I said
37:27I just
37:29I don't know.
37:31Then you have to do
37:32what you have to do.
38:04Mr. Peralta
38:06you testified
38:07that you lied
38:08to the police
38:09because you knew
38:10that no one
38:11would believe
38:11your story.
38:13Why wouldn't
38:14they believe you?
38:15I don't know.
38:17Is it because
38:17you have a prior conviction
38:19for aggravated assault?
38:20Objection.
38:21I'm responding
38:21to direct testimony
38:22your honor.
38:23Objection overruled.
38:24Or was it because
38:25of your prior conviction
38:26for burglary?
38:33Yes.
38:36I've served time
38:37in prison.
38:40I've done things
38:41in my past
38:42that I'm not proud of
38:43and I take full
38:44responsibility
38:45for my actions.
38:47I pay my debt
38:48to society.
38:51But once you've
38:52done time
38:53there's no such thing
38:55as benefit
38:55of the doubt.
39:02Ladies and gentlemen
39:03of the jury
39:03these are photographs
39:05of Mateo Ortiz.
39:07These were taken
39:07shortly after
39:08the defendant
39:09assaulted him
39:10for signaling
39:11a police officer
39:12when he caught
39:13Mr. Peralta
39:14shoplifting.
39:15It was a long
39:16time ago.
39:17I was 15.
39:18An angry kid
39:20in a bad neighborhood.
39:21I got mixed up
39:23with the wrong people.
39:24You were 24
39:24when you were
39:25convicted of burglary
39:26and you did it again
39:28didn't you?
39:28But your captain
39:29figured it out.
39:30He confronted you.
39:31No.
39:31Mr. Peralta
39:32isn't it true
39:32that you lied
39:33to the police
39:33because you are
39:34the one
39:35who stole the necklace
39:36then you murdered
39:37Captain Braddock
39:38to keep him
39:38from reporting you?
39:40That the same man
39:42who did this
39:44to Mateo Ortiz
39:45did this
39:48to Clint Braddock.
39:55Nothing to say
39:56Mr. Peralta.
39:58What's the point?
40:00Your Honor
40:01please instruct
40:01Mr. Peralta
40:02to address the court.
40:04I said
40:05what's the point?
40:07I've already
40:08told you the truth
40:09and you've already
40:09decided that you
40:10don't believe me.
40:18nothing for them.
40:19Mr. Peralta
40:33Madam Foreperson
40:34has the jury
40:35reached a verdict?
40:37We have your Honor
40:38in the charge
40:39of murder
40:39in the second degree
40:41we find the defendant
40:43Diego Peralta
40:45guilty.
40:49I didn't do this
40:50Ruby.
40:51I need you to know
40:51that.
40:51I know mi amor.
40:53Anthony
40:53be strong okay?
40:55I love you.
40:56I love you more
40:56than anything.
40:57You make sure
40:57he knows that.
40:57You make sure
40:58he knows that I'm innocent.
40:59I promise.
41:00Tell her and you tell
41:02her baby.
41:02I will.
41:03You tell her.
41:29you tell her baby.
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