1 00:00:00,600 --> 00:00:00,760 Speaker 1: Hi. 2 00:00:00,800 --> 00:00:04,160 Speaker 2: There a quick note before we start. Most of you 3 00:00:04,480 --> 00:00:08,360 Speaker 2: love listening to ads. I know that, But if you don't, 4 00:00:08,840 --> 00:00:13,480 Speaker 2: here's an option. Subscribe to True Crime Clubhouse on Apple Podcasts. 5 00:00:13,840 --> 00:00:18,320 Speaker 2: You'll get ten episodes of Empire on Blood the Director's 6 00:00:18,360 --> 00:00:22,919 Speaker 2: Cut ad free and one week early with exclusive bonus content. 7 00:00:23,320 --> 00:00:30,080 Speaker 2: And it's a mere two ninety nine a month. Previously 8 00:00:30,200 --> 00:00:33,360 Speaker 2: on Empire on Blood, they like, they don't care. 9 00:00:33,600 --> 00:00:35,760 Speaker 3: You have to realize that not everybody can't. 10 00:00:36,040 --> 00:00:38,880 Speaker 4: I mean, Dwight was a gift. Most of these guys 11 00:00:38,880 --> 00:00:41,120 Speaker 4: in jail. I mean, that's all they do is try 12 00:00:41,159 --> 00:00:43,080 Speaker 4: to figure out how to gotta get out. I said, 13 00:00:43,280 --> 00:00:45,280 Speaker 4: you saw who did the shoot it. I shall stop 14 00:00:45,360 --> 00:00:47,920 Speaker 4: right there. She said, we're not talking about this, and 15 00:00:48,120 --> 00:00:49,239 Speaker 4: you not tell me no about it. 16 00:00:49,680 --> 00:00:51,400 Speaker 2: That it would be great for you to come back 17 00:00:51,440 --> 00:00:54,600 Speaker 2: and square off on this at one more time, if 18 00:00:54,640 --> 00:00:58,360 Speaker 2: they want me back, I would reluctantly do that. 19 00:00:59,400 --> 00:01:01,480 Speaker 4: Reluctantly, No, I will do it. 20 00:01:13,920 --> 00:01:16,280 Speaker 2: Sometimes Cal and I talk about what life might be 21 00:01:16,440 --> 00:01:22,000 Speaker 2: like if he gets out of prison. Cal entered the 22 00:01:22,000 --> 00:01:26,440 Speaker 2: penal system before the iPhone, in Google and Facebook, before 23 00:01:26,480 --> 00:01:29,920 Speaker 2: the invention of the phrase friends with benefits and the 24 00:01:29,920 --> 00:01:33,760 Speaker 2: devastation of the World Trade Center before the city plan 25 00:01:33,880 --> 00:01:37,160 Speaker 2: in trees along East two hundred and thirteenth Street. His 26 00:01:37,280 --> 00:01:42,640 Speaker 2: old drug dealing block in the Bronx prison is about isolation. 27 00:01:43,360 --> 00:01:48,040 Speaker 2: That's the idea, keep them away from us. And yet 28 00:01:48,240 --> 00:01:52,640 Speaker 2: even after twenty two years locked away, Cal he is 29 00:01:52,800 --> 00:01:58,080 Speaker 2: future oriented. He writes business plans seven at last count, 30 00:01:58,480 --> 00:02:02,520 Speaker 2: and there's that resumelates. He lists his address as the 31 00:02:02,560 --> 00:02:06,480 Speaker 2: street address of green Haven Prison, doesn't mention that he 32 00:02:06,520 --> 00:02:11,200 Speaker 2: lives in a six by eight foot cell in green Haven. Oh, 33 00:02:11,240 --> 00:02:13,520 Speaker 2: And he tells me he's dying to try one of 34 00:02:13,520 --> 00:02:17,519 Speaker 2: those naked juices he's read about. Cal is a health nun. 35 00:02:18,880 --> 00:02:21,240 Speaker 2: But when I ask Cal, what's the thing you most 36 00:02:21,320 --> 00:02:23,840 Speaker 2: want to do if you ever get out of prison, 37 00:02:24,440 --> 00:02:28,880 Speaker 2: it isn't about things he might create or taste, you know. 38 00:02:29,160 --> 00:02:31,560 Speaker 3: I think that that is one of the only fears 39 00:02:31,600 --> 00:02:34,360 Speaker 3: that I have while I've been in prison, as fear 40 00:02:34,440 --> 00:02:37,239 Speaker 3: in the fact of losing my mother while I'm in here, 41 00:02:37,400 --> 00:02:39,680 Speaker 3: not being able to be there for her. 42 00:02:41,400 --> 00:02:45,320 Speaker 2: Recently, Cal's mother was diagnosed with breast cancer. She lives 43 00:02:45,360 --> 00:02:49,440 Speaker 2: down south, she doesn't can't visit him, and now she 44 00:02:49,560 --> 00:02:52,800 Speaker 2: might not live until his release. So the matter of 45 00:02:52,840 --> 00:02:55,880 Speaker 2: freedom is urgent. Getting an appeal in front of a 46 00:02:55,919 --> 00:03:07,640 Speaker 2: Bronx judge is urgent. Time is Col's enemy Now from 47 00:03:07,840 --> 00:03:12,480 Speaker 2: Orbit Media, this is Empire on Blood, a story of murder, 48 00:03:12,680 --> 00:03:15,680 Speaker 2: betrayal and a man who fought the law for two 49 00:03:15,880 --> 00:03:21,359 Speaker 2: decades and of one last chance. I'm Steve Fishman. 50 00:03:33,400 --> 00:03:36,360 Speaker 5: Come to Waters continued hearing all bodies of presidents. 51 00:03:38,360 --> 00:03:41,520 Speaker 2: We're in a courtroom in the Bronx County Hall of Justice, 52 00:03:42,040 --> 00:03:46,080 Speaker 2: back where we began this story five episodes ago. There's 53 00:03:46,120 --> 00:03:49,240 Speaker 2: no jury for this appeal, just me sitting on the 54 00:03:49,280 --> 00:03:55,120 Speaker 2: hard bench of the jury box. It's spring twenty seventeen 55 00:03:55,520 --> 00:03:58,920 Speaker 2: and Cal is seated before a judge. His new lawyer 56 00:03:59,080 --> 00:04:02,720 Speaker 2: is Oscar mc shlynn, but Cal's patron saint is still 57 00:04:02,760 --> 00:04:06,080 Speaker 2: the attorney who believed in him when no lawyer would, 58 00:04:06,480 --> 00:04:10,120 Speaker 2: Myron Beldock. Cal has placed a photo of snowy haired 59 00:04:10,160 --> 00:04:12,080 Speaker 2: Myron on the table in front of him. 60 00:04:12,800 --> 00:04:20,799 Speaker 6: Aware as Cal has been at this table twice, once 61 00:04:20,839 --> 00:04:23,960 Speaker 6: when he was convicted a trial in nineteen ninety five, 62 00:04:24,480 --> 00:04:27,560 Speaker 6: and then ten years later when he lost an appeal. 63 00:04:28,200 --> 00:04:33,280 Speaker 2: Assistant District Attorney Alan Karen Turtleman was the prosecutor on 64 00:04:33,360 --> 00:04:37,960 Speaker 2: both of those occasions. But now Cal has outlasted them, 65 00:04:38,120 --> 00:04:42,680 Speaker 2: not just Turtleman, but also his chief investigator, Frank Vigiano 66 00:04:43,080 --> 00:04:47,160 Speaker 2: father Frank, both are retired. The Bronx even has a 67 00:04:47,160 --> 00:04:51,520 Speaker 2: new DA. She created a unit to review problematic convictions. 68 00:04:51,880 --> 00:04:55,240 Speaker 2: The public now realizes that the justice system is fallible. 69 00:04:55,839 --> 00:04:59,040 Speaker 2: Every month or so, it seems, we read about an exoneration, 70 00:04:59,600 --> 00:05:04,640 Speaker 2: cops and prosecutors who overstepped. Still, every case is different. 71 00:05:05,200 --> 00:05:08,039 Speaker 2: Cal and I spoke on the phone about his case, 72 00:05:09,160 --> 00:05:09,520 Speaker 2: and you. 73 00:05:09,480 --> 00:05:13,960 Speaker 7: Have to understand. Sometimes so the anxiety steed where knowing 74 00:05:14,120 --> 00:05:16,200 Speaker 7: like you're feeling like you come or so close, and 75 00:05:16,320 --> 00:05:19,680 Speaker 7: this feeling like this is the only shot, my last shot. 76 00:05:21,279 --> 00:05:25,000 Speaker 2: Cal anxious. I really never think of him that way. 77 00:05:25,920 --> 00:05:30,640 Speaker 2: I treat Cal as a force, all angles, covered emotions, 78 00:05:30,720 --> 00:05:35,919 Speaker 2: compartmentalized for maximum efficiency. Sometimes I imagine Call and I 79 00:05:36,000 --> 00:05:40,880 Speaker 2: are taking this journey together. That's obviously ridiculous, But I 80 00:05:40,920 --> 00:05:43,560 Speaker 2: can get caught up in the plot and forget that 81 00:05:43,640 --> 00:05:47,640 Speaker 2: Cal is the person actually living through it. In his 82 00:05:47,720 --> 00:05:51,920 Speaker 2: trial two decades ago, Cal was presumed innocent. No longer 83 00:05:52,320 --> 00:05:56,640 Speaker 2: today he is presumed guilty. To overcome that will require 84 00:05:57,000 --> 00:05:58,440 Speaker 2: extraordinary evidence. 85 00:05:59,000 --> 00:06:01,880 Speaker 8: Defense You are obviously understand that the burden of proof, 86 00:06:02,600 --> 00:06:06,920 Speaker 8: actually in this case, the burden is on you this time. 87 00:06:08,040 --> 00:06:12,640 Speaker 2: So day one of that hearing, March twenty seven, twenty seventeen, 88 00:06:13,279 --> 00:06:16,640 Speaker 2: We're in the courtroom of State Supreme Court. Judge Eugene 89 00:06:16,680 --> 00:06:17,599 Speaker 2: Oliver Junior. 90 00:06:18,000 --> 00:06:21,239 Speaker 9: All right, you may call your first witness to call. 91 00:06:21,120 --> 00:06:21,919 Speaker 4: A col World. 92 00:06:24,720 --> 00:06:28,120 Speaker 2: Cal had asked his supporter and close friend, she that's 93 00:06:28,279 --> 00:06:31,520 Speaker 2: Sheryl Washington, to buy him a new outfit for court. 94 00:06:31,920 --> 00:06:34,680 Speaker 2: If I look good, I feel good, he wrote her, 95 00:06:35,200 --> 00:06:38,480 Speaker 2: and sent her a detailed list. She'd run around for 96 00:06:38,600 --> 00:06:41,360 Speaker 2: weeks trying to find just what he wanted, the right 97 00:06:41,560 --> 00:06:45,599 Speaker 2: chunky sweater and the Tommy Bahama shirt. It was all 98 00:06:45,600 --> 00:06:50,080 Speaker 2: for nothing. The Department of Corrections had its own wardrobe department. 99 00:06:51,080 --> 00:06:54,280 Speaker 2: Cal walks to the witness stand in khaki pants that 100 00:06:54,360 --> 00:06:58,000 Speaker 2: are nearly falling down and a white shirt as big 101 00:06:58,040 --> 00:07:00,520 Speaker 2: as a sale Buesday the full name for the records. 102 00:07:00,600 --> 00:07:03,440 Speaker 4: You spell your last name. My name is Calvin Wall. 103 00:07:03,960 --> 00:07:06,240 Speaker 4: I can spell your lessen be you are. 104 00:07:07,720 --> 00:07:11,800 Speaker 2: Cal has never testified in court before, which is stunning 105 00:07:11,840 --> 00:07:14,160 Speaker 2: to me. After all, as far as I can tell, 106 00:07:14,320 --> 00:07:17,400 Speaker 2: Cal has spent just about every day of the past decade, 107 00:07:17,640 --> 00:07:20,600 Speaker 2: telling his story to anyone who would listen. 108 00:07:21,320 --> 00:07:25,760 Speaker 4: Council, please stay your names for America for Calval Oscar Mitchellan, 109 00:07:25,880 --> 00:07:28,040 Speaker 4: foremo LLC. Good morning morning. 110 00:07:29,040 --> 00:07:34,360 Speaker 2: Oscar Mitchellan has won reversals of verdicts before. Wrongful convictions 111 00:07:34,360 --> 00:07:37,040 Speaker 2: are the kinds of cases. He tells me that a 112 00:07:37,080 --> 00:07:40,960 Speaker 2: defense lawyer lives for doing good. And also, let's not 113 00:07:41,040 --> 00:07:46,120 Speaker 2: forget doing well. Exonneries have won millions of dollars in damages. 114 00:07:46,560 --> 00:07:51,440 Speaker 2: Lawyers generally take one third. Mitchellan is in his fifties, 115 00:07:51,600 --> 00:07:56,200 Speaker 2: bald and genial and super confident in the hall. Earlier 116 00:07:56,400 --> 00:08:00,240 Speaker 2: he spotted a legendary defense attorney of the Bronx. Now 117 00:08:00,600 --> 00:08:03,240 Speaker 2: I'm the second best lawyer in the building, He'd told me. 118 00:08:05,880 --> 00:08:08,960 Speaker 2: When Oscar has Cal on the stand, he goes directly 119 00:08:09,040 --> 00:08:10,400 Speaker 2: at the problem areas and. 120 00:08:12,160 --> 00:08:15,440 Speaker 10: Tell us a little bit about the late age early nineties. 121 00:08:16,040 --> 00:08:19,560 Speaker 10: What was going on East two thirteenth Street other than yourself. 122 00:08:21,720 --> 00:08:27,720 Speaker 11: When I noticed that they were mostly selling cocaine and marijuana, 123 00:08:27,920 --> 00:08:31,600 Speaker 11: I seen that there was a demand for crap and 124 00:08:31,640 --> 00:08:35,679 Speaker 11: nobody was really selling it. So I seen that as 125 00:08:35,720 --> 00:08:36,800 Speaker 11: an opportunity. 126 00:08:37,760 --> 00:08:41,720 Speaker 2: Cal tells his story matter of factly two. Matter of factly, 127 00:08:41,840 --> 00:08:47,240 Speaker 2: I think Cal sounds like a businessman of praising an opportunity. Later, 128 00:08:47,520 --> 00:08:50,880 Speaker 2: Oscar confesses that he'd hope for more emotion in Cal's voice, 129 00:08:51,360 --> 00:08:54,079 Speaker 2: the emotion of the wrongfully convicted. 130 00:08:54,360 --> 00:08:57,680 Speaker 12: Like I said, was the main individual that I built 131 00:08:57,720 --> 00:08:58,720 Speaker 12: crack cocaine up. 132 00:08:58,760 --> 00:09:00,880 Speaker 4: Did nobody was so incredible? 133 00:09:00,880 --> 00:09:04,280 Speaker 2: And I hear you, Oscar, make sure that Cal talks 134 00:09:04,320 --> 00:09:08,079 Speaker 2: extensively about his drug dealing past. Doesn't want it to 135 00:09:08,120 --> 00:09:11,600 Speaker 2: appear that Cal is hiding anything. He covers the night 136 00:09:11,640 --> 00:09:15,960 Speaker 2: of the murders too, and then put something on the record, now, 137 00:09:18,040 --> 00:09:18,400 Speaker 2: did you have. 138 00:09:18,440 --> 00:09:19,880 Speaker 10: Anything at all to do with the shooting of the 139 00:09:19,880 --> 00:09:21,920 Speaker 10: Harish purs No, I did not. 140 00:09:23,440 --> 00:09:28,280 Speaker 4: I don't know for the questions Ross, yes, Billy. 141 00:09:29,960 --> 00:09:33,480 Speaker 2: The cross examination that brings us to the matter of 142 00:09:33,640 --> 00:09:37,600 Speaker 2: who's opposing Cal in court today, it's not Assistant d A. 143 00:09:37,600 --> 00:09:42,840 Speaker 2: Allen Karen Turtleman. He'd sent Cal to prison twice on 144 00:09:42,920 --> 00:09:47,199 Speaker 2: these very murder charges. I'd shown Cow's current appeal to Turtleman. 145 00:09:47,720 --> 00:09:50,000 Speaker 2: He told me what to do with it. Keep it 146 00:09:50,040 --> 00:09:52,720 Speaker 2: in the bathroom in case I run out of toilet paper. 147 00:09:53,520 --> 00:09:55,800 Speaker 2: Turtleman had said he was ready to come out of 148 00:09:55,840 --> 00:09:57,880 Speaker 2: retirement to flush it down. 149 00:09:59,120 --> 00:10:02,800 Speaker 4: You know, I wo make the call, very fished. Yeah, 150 00:10:02,880 --> 00:10:06,000 Speaker 4: are you available? Can you come in, you know, at. 151 00:10:06,040 --> 00:10:08,280 Speaker 2: Least to brief them on it, you know, because you're 152 00:10:08,320 --> 00:10:10,280 Speaker 2: absolutely and you're familiar with the issues. 153 00:10:10,320 --> 00:10:13,160 Speaker 4: And I'd be on the phone very feested. 154 00:10:16,040 --> 00:10:20,840 Speaker 2: That call never came, And so I imagine Turtleman today 155 00:10:20,960 --> 00:10:24,800 Speaker 2: in his comfortable home in Westchester, tending to his pets, 156 00:10:24,920 --> 00:10:33,199 Speaker 2: the ancient tortoises, the lovable turtles, his reptile tribe. Eventually 157 00:10:33,200 --> 00:10:36,240 Speaker 2: he gave a few notes on Cow's appeal, but the 158 00:10:36,280 --> 00:10:41,040 Speaker 2: new district attorney wasn't going to redeputize Alan Karen. She 159 00:10:41,200 --> 00:10:44,400 Speaker 2: passed the case along to a younger prosecutor. 160 00:10:44,640 --> 00:10:46,880 Speaker 4: And miss long Ah, you take it. 161 00:10:46,960 --> 00:10:48,920 Speaker 8: You don't need the like. 162 00:10:50,600 --> 00:10:52,760 Speaker 4: Very well, you make it appropiate. 163 00:10:54,480 --> 00:10:59,280 Speaker 2: Felicity Lung is petite, trim composed. She won't speak to 164 00:10:59,320 --> 00:11:02,240 Speaker 2: me on the record. Mostly I see her pulling a 165 00:11:02,360 --> 00:11:06,679 Speaker 2: rolly through the hall, transporting a large briefcase, presumably filled 166 00:11:06,720 --> 00:11:11,960 Speaker 2: with legal documents. She's prosecuted major crimes for a dozen years. 167 00:11:12,880 --> 00:11:17,319 Speaker 2: Felicity juggles cases. Sometimes she'll dash out of Cal's hearing 168 00:11:17,640 --> 00:11:22,120 Speaker 2: to attend to another case. In another courtroom. Today is 169 00:11:22,200 --> 00:11:25,160 Speaker 2: one more day in the life of a busy Bronx 170 00:11:25,240 --> 00:11:26,280 Speaker 2: County prosecutor. 171 00:11:26,960 --> 00:11:28,320 Speaker 4: Good afternoon, miss crime. 172 00:11:29,160 --> 00:11:29,960 Speaker 13: Go on this. 173 00:11:32,679 --> 00:11:32,839 Speaker 4: Now. 174 00:11:32,880 --> 00:11:35,240 Speaker 14: I want to go over some of the things that 175 00:11:35,360 --> 00:11:37,000 Speaker 14: you said on cross examination. 176 00:11:39,240 --> 00:11:44,240 Speaker 2: Felicity's approach to this case is simple. Cal has in effect, 177 00:11:44,600 --> 00:11:48,800 Speaker 2: been convicted twice before of this crime. How many chances 178 00:11:48,840 --> 00:11:51,840 Speaker 2: does he get today? He comes here as a victim 179 00:11:51,880 --> 00:11:53,280 Speaker 2: of the justice system. 180 00:11:53,320 --> 00:11:54,560 Speaker 4: Come on and over. 181 00:11:54,600 --> 00:11:57,880 Speaker 14: In Harlem, it was mostly dust and it was cracked. 182 00:11:58,400 --> 00:12:02,720 Speaker 12: I mean in Harbum, you know, for I was selling 183 00:12:02,800 --> 00:12:06,199 Speaker 12: crack at that time, in the late eighties and all 184 00:12:06,240 --> 00:12:06,840 Speaker 12: of them all. 185 00:12:06,920 --> 00:12:11,880 Speaker 14: Right, then you said you saw this opportunity to make 186 00:12:11,920 --> 00:12:18,200 Speaker 14: more money, and then you started venturing from Harlem to 187 00:12:18,280 --> 00:12:18,760 Speaker 14: the Bronx. 188 00:12:19,200 --> 00:12:19,800 Speaker 4: Right, yeah. 189 00:12:21,080 --> 00:12:25,280 Speaker 2: Felicity has cow repeat aspects of his testimony. She spends 190 00:12:25,320 --> 00:12:27,920 Speaker 2: time on his drug dealing days. She asks about the 191 00:12:27,920 --> 00:12:31,280 Speaker 2: transfer of his operation from Harlem to the Bronx, who 192 00:12:31,520 --> 00:12:34,520 Speaker 2: his supplier was, how much money he made, how many 193 00:12:34,720 --> 00:12:36,400 Speaker 2: mink coats he owned. 194 00:12:36,280 --> 00:12:38,079 Speaker 4: Any mink cats to go with that? 195 00:12:39,640 --> 00:12:42,760 Speaker 14: Okay with the mink coat, yes, okay. 196 00:12:43,559 --> 00:12:48,960 Speaker 2: To me, these seemed like digressions, interesting in a sociological way, 197 00:12:49,520 --> 00:12:53,320 Speaker 2: but then she asks a pointed question, did you. 198 00:12:53,280 --> 00:12:56,600 Speaker 14: Ever carry a gun with you to protect yourself? 199 00:12:58,640 --> 00:13:03,960 Speaker 2: Cow says no, and Felicity doesn't follow up. Of course 200 00:13:04,040 --> 00:13:06,520 Speaker 2: Cal carried a gun, I asked him once when I 201 00:13:06,640 --> 00:13:09,520 Speaker 2: visited him in prison. I wasn't there a gun? 202 00:13:09,600 --> 00:13:09,800 Speaker 4: Right? 203 00:13:10,280 --> 00:13:12,600 Speaker 3: I mean, at times I had to carry a gun 204 00:13:12,679 --> 00:13:16,240 Speaker 3: because I may have been conducting business, whereas that I 205 00:13:16,320 --> 00:13:18,680 Speaker 3: had a lot of money on me, so it was 206 00:13:18,800 --> 00:13:20,400 Speaker 3: just for protection reasons. 207 00:13:20,559 --> 00:13:23,440 Speaker 2: You know, Cal had even admitted that to the District 208 00:13:23,520 --> 00:13:28,160 Speaker 2: Attorney's people under oath. He'd sat for a deposition. I 209 00:13:28,280 --> 00:13:31,400 Speaker 2: have the transcript. It was taken just a few months 210 00:13:31,400 --> 00:13:35,080 Speaker 2: before this hearing. In it, a detective asked Cal, quote, 211 00:13:35,280 --> 00:13:38,839 Speaker 2: did you ever carry a gun to protect yourself? Cal responded, 212 00:13:39,160 --> 00:13:42,360 Speaker 2: I had a thirty eight that I carried. Felicity Lung 213 00:13:42,400 --> 00:13:46,760 Speaker 2: had participated in that deposition. It's weird to me that 214 00:13:46,800 --> 00:13:50,160 Speaker 2: Cal has changed this aspect of his story. Did he 215 00:13:50,280 --> 00:13:54,480 Speaker 2: miss hear Felicity's question? Was he flustered? Was it calculation? 216 00:13:55,280 --> 00:13:58,520 Speaker 2: I don't know, whatever it is. Felicity misses a chance 217 00:13:58,760 --> 00:14:02,280 Speaker 2: to reframe the just view of Cal, a chance to 218 00:14:02,360 --> 00:14:06,040 Speaker 2: show that Cow was someone prepared for violence and also 219 00:14:06,520 --> 00:14:11,320 Speaker 2: someone whose story might not always be reliable. Instead, Felicity 220 00:14:11,400 --> 00:14:14,120 Speaker 2: dwells on the subject of the drugs cow sold. 221 00:14:14,520 --> 00:14:18,200 Speaker 14: Okay, so crack weed? 222 00:14:18,679 --> 00:14:24,560 Speaker 4: No, okay, okay, just no further questions. 223 00:14:27,600 --> 00:14:31,560 Speaker 2: Day one is over. No ruling yet. Cal calls me 224 00:14:31,600 --> 00:14:33,440 Speaker 2: from the prison payphone that night. 225 00:14:34,840 --> 00:14:37,240 Speaker 1: You're there, Yeah, I'm here, Steve. 226 00:14:37,280 --> 00:14:38,000 Speaker 13: How do you think I do? 227 00:14:39,600 --> 00:14:39,640 Speaker 15: So? 228 00:14:39,840 --> 00:14:40,760 Speaker 16: You did pretty well. 229 00:14:43,200 --> 00:14:45,680 Speaker 1: I don't know you told your story. 230 00:14:46,720 --> 00:14:51,400 Speaker 16: Uh, and you know I didn't think you were rattled. 231 00:14:51,760 --> 00:14:54,120 Speaker 1: How did you think you did? Oh? 232 00:14:54,160 --> 00:14:56,760 Speaker 13: Man, I think I think I could have did better. 233 00:14:56,800 --> 00:14:59,480 Speaker 13: But I couldn't really elaborate on one thing that I 234 00:14:59,520 --> 00:15:02,320 Speaker 13: wanted to operate on. One of the things that I 235 00:15:02,400 --> 00:15:05,160 Speaker 13: was really surprised that is that she was just talking 236 00:15:05,240 --> 00:15:08,240 Speaker 13: about the drug dealing and the money and the cause, 237 00:15:08,280 --> 00:15:11,040 Speaker 13: and he wasn't talking. I'm I'm lonely convicted for a 238 00:15:11,120 --> 00:15:15,480 Speaker 13: double homicide. You are not saying anything in reference to 239 00:15:15,560 --> 00:15:20,440 Speaker 13: my propensity to be violent or connected anything connected me directly. 240 00:15:20,120 --> 00:15:20,800 Speaker 7: To the crime. 241 00:15:21,880 --> 00:15:25,520 Speaker 2: Cal's on point. Felicity is playing this as if it's 242 00:15:25,560 --> 00:15:28,160 Speaker 2: the nineties, as if we all know, all of us 243 00:15:28,160 --> 00:15:32,360 Speaker 2: citizens how evil a drug dealer like Cal is, as 244 00:15:32,400 --> 00:15:35,400 Speaker 2: if the war on drugs is just getting underway, as 245 00:15:35,440 --> 00:15:38,120 Speaker 2: if it's okay to believe if he didn't do this one, 246 00:15:38,400 --> 00:15:43,400 Speaker 2: then he did another. But two decades have passed, the 247 00:15:43,480 --> 00:15:46,480 Speaker 2: murder rate is way down. New York has less than 248 00:15:46,600 --> 00:15:49,560 Speaker 2: twenty percent of the murders it had when Cal was 249 00:15:49,600 --> 00:15:54,800 Speaker 2: on the streets. The conversation has changed. Black lives matter now. 250 00:15:55,240 --> 00:15:58,760 Speaker 2: The incarceration of so many young black men is seen 251 00:15:58,800 --> 00:16:03,680 Speaker 2: as something wrong with society. So to me, Felicity's strategy 252 00:16:03,720 --> 00:16:07,040 Speaker 2: seems a little dated. She's not going after cow for 253 00:16:07,120 --> 00:16:10,760 Speaker 2: what he is, convicted of a double homicide. She seems 254 00:16:10,800 --> 00:16:14,960 Speaker 2: to attack him as a representative of evil. Maybe she 255 00:16:15,080 --> 00:16:18,040 Speaker 2: knows something about this judge that I don't. I find 256 00:16:18,120 --> 00:16:21,200 Speaker 2: him hard to read. Judge Oliver is a black man 257 00:16:21,240 --> 00:16:24,160 Speaker 2: who lived through the Crack era. He's now on the 258 00:16:24,200 --> 00:16:29,120 Speaker 2: eve of retirement. Who knows which way he'll go. 259 00:16:29,120 --> 00:16:30,400 Speaker 4: Good morning, ruin. 260 00:16:32,600 --> 00:16:35,800 Speaker 2: Bronx County Hall of Justice, the morning of day two. 261 00:16:36,120 --> 00:16:37,840 Speaker 9: Miss Michelin, your witness. 262 00:16:38,360 --> 00:16:42,200 Speaker 2: Oscar calls Kimberleah Clark, the older of the two Clark sisters, 263 00:16:42,480 --> 00:16:43,600 Speaker 2: to the stand first. 264 00:16:44,240 --> 00:16:48,840 Speaker 4: Thank you very much, Na, Good morning, miss Clark. Good morning. 265 00:16:49,560 --> 00:16:52,400 Speaker 10: Back in around September of nineteen ninety two. 266 00:16:52,720 --> 00:16:54,120 Speaker 4: Where did you decide. 267 00:16:55,920 --> 00:17:02,280 Speaker 17: Nine hundred Bronx would is it fron excuse me, give 268 00:17:02,320 --> 00:17:03,240 Speaker 17: me a minute, please. 269 00:17:03,080 --> 00:17:09,240 Speaker 4: Sure, Oh god, I know you're nervous to just take 270 00:17:09,280 --> 00:17:10,520 Speaker 4: your time. I'm not nervous. 271 00:17:10,520 --> 00:17:15,120 Speaker 17: Them starving, okay. 272 00:17:15,960 --> 00:17:19,720 Speaker 2: Kimberleah Clark is fifty now. She loves kids, has six 273 00:17:19,760 --> 00:17:22,600 Speaker 2: of them, and she loves her mom. She's got a 274 00:17:22,640 --> 00:17:26,159 Speaker 2: tattoo in flowing script across her chest. It marks the 275 00:17:26,240 --> 00:17:29,520 Speaker 2: date of her mother's premature death due to substance abuse. 276 00:17:30,160 --> 00:17:31,920 Speaker 4: Did you live on these two thirteenth Street in the 277 00:17:31,960 --> 00:17:35,760 Speaker 4: Bronx Yes? Is that off the corner of Bronxwood Avenue, Yes? 278 00:17:35,800 --> 00:17:36,000 Speaker 7: I did? 279 00:17:36,200 --> 00:17:41,879 Speaker 4: Okay, let her put on an exhibit here on the 280 00:17:41,920 --> 00:17:48,240 Speaker 4: screen glasses. Yes, take your time. So just do you 281 00:17:48,520 --> 00:17:52,359 Speaker 4: tell us generally whether you recognize what's shown in that photograph. 282 00:17:52,760 --> 00:17:55,600 Speaker 17: My building nine hundred eight. 283 00:17:56,760 --> 00:17:59,280 Speaker 2: At the moment of the shooting twenty five years ago, 284 00:17:59,760 --> 00:18:02,720 Speaker 2: kimber Lea was in her apartment on the second floor 285 00:18:02,760 --> 00:18:06,200 Speaker 2: of nine hundred East two hundred and thirteenth Street that's 286 00:18:06,280 --> 00:18:09,720 Speaker 2: directly above the scene of the crime. She heard shots. 287 00:18:10,119 --> 00:18:12,760 Speaker 2: She went to her bedroom window peeked. 288 00:18:12,440 --> 00:18:16,840 Speaker 10: Out and how many shots would you say you heard 289 00:18:17,040 --> 00:18:17,439 Speaker 10: after the. 290 00:18:17,520 --> 00:18:23,800 Speaker 17: Moor about maybe at least three, about two to three more. 291 00:18:25,440 --> 00:18:29,080 Speaker 2: Kimberly says she looked out the window and didn't see Cal. 292 00:18:29,800 --> 00:18:33,199 Speaker 2: That's a crucial bit of testimony. But Kimberly is on 293 00:18:33,240 --> 00:18:36,480 Speaker 2: the stand for another reason. She's got to provide a 294 00:18:36,520 --> 00:18:40,440 Speaker 2: plausible answer to this question. Why are the sisters coming 295 00:18:40,480 --> 00:18:45,720 Speaker 2: forward now two decades after the conviction. Remember Turtleman's assumption 296 00:18:46,359 --> 00:18:50,320 Speaker 2: Cal offered her and her sister an envelope of cash. 297 00:18:51,000 --> 00:18:53,600 Speaker 2: Kimberlea tells the court a story that's similar to the 298 00:18:53,640 --> 00:18:57,120 Speaker 2: ones she told me and Joe Barry two years earlier. 299 00:18:57,800 --> 00:19:00,359 Speaker 2: She tells the judge she saw a flyer with Cal's 300 00:19:00,440 --> 00:19:03,320 Speaker 2: name and photo on it. That's where she'd found the 301 00:19:03,359 --> 00:19:07,200 Speaker 2: phone number for Joe. Then Oscar brings Kimberly up back 302 00:19:07,200 --> 00:19:10,000 Speaker 2: to the night of the murder when the police knocked 303 00:19:10,040 --> 00:19:10,680 Speaker 2: on her door. 304 00:19:11,359 --> 00:19:14,120 Speaker 10: Miss Clark, as you said today, do you remember exactly 305 00:19:14,119 --> 00:19:16,679 Speaker 10: what you told the police that night in nineteen ninety two? 306 00:19:17,280 --> 00:19:18,520 Speaker 4: Do you have an actual. 307 00:19:18,160 --> 00:19:20,080 Speaker 10: Recollection of what you told them word for word? 308 00:19:20,800 --> 00:19:25,480 Speaker 4: I do. Let me show you, and what did you 309 00:19:25,480 --> 00:19:27,480 Speaker 4: tell him? Say that? I don't know nothing. 310 00:19:29,720 --> 00:19:33,199 Speaker 2: She looks over at the defense table at cal a 311 00:19:33,320 --> 00:19:39,280 Speaker 2: middle aged inmates. 312 00:19:49,160 --> 00:19:53,960 Speaker 4: I'm back, let's squalk, I say that, Why are you upset? 313 00:20:00,359 --> 00:20:05,879 Speaker 4: This is the first time. Haven't seen this one. Excuse me, 314 00:20:08,000 --> 00:20:18,040 Speaker 4: excuse me. I'm just bothered. I'm hurt. I'm pissed. 315 00:20:25,800 --> 00:20:30,199 Speaker 2: Six foot one kimber Lea, usually so tough, so imposing, 316 00:20:30,720 --> 00:20:35,359 Speaker 2: seems suddenly vulnerable. Her features softened. She bends forward in 317 00:20:35,440 --> 00:20:39,920 Speaker 2: the witness stand in tears by Now, I know it's 318 00:20:39,960 --> 00:20:43,320 Speaker 2: not just the substance of a witness's testimony that counts. 319 00:20:43,880 --> 00:20:48,040 Speaker 2: It's how the witness delivers the testimony. In the search 320 00:20:48,080 --> 00:20:52,840 Speaker 2: for the truth, well, performance counts. And those tears from 321 00:20:52,840 --> 00:20:58,080 Speaker 2: the tall, tough, tattooed Kimberlea. Later I phoned Oscar mitchellin 322 00:20:58,280 --> 00:21:00,000 Speaker 2: to ask about them. 323 00:21:00,119 --> 00:21:02,480 Speaker 13: People can't produce those kind of tears that were flowing 324 00:21:02,520 --> 00:21:06,320 Speaker 13: down her face on Q. She was crying. 325 00:21:06,400 --> 00:21:10,760 Speaker 1: She was genuinely crying. How good is that for your case? 326 00:21:10,760 --> 00:21:14,120 Speaker 13: When that happened, oh you know, I was ready to frankly, 327 00:21:15,040 --> 00:21:17,280 Speaker 13: I leaned over to the volcano and said, should we 328 00:21:17,359 --> 00:21:20,600 Speaker 13: just rest? I mean, I know we have other witnesses, 329 00:21:20,640 --> 00:21:22,960 Speaker 13: but what more do we need? 330 00:21:27,240 --> 00:21:30,200 Speaker 2: Back in court? I look over at the judge. He's 331 00:21:30,240 --> 00:21:33,879 Speaker 2: been courteous to the tearful kimber Lea tissue, he asked, 332 00:21:34,400 --> 00:21:38,199 Speaker 2: but he's not visibly moved. My guess he's seen this 333 00:21:38,320 --> 00:21:42,440 Speaker 2: type of thing before. I expect Felicity to go hard 334 00:21:42,480 --> 00:21:45,800 Speaker 2: at the remarkable chain of events that had brought Kimberlea 335 00:21:45,880 --> 00:21:49,280 Speaker 2: to court. Oscar has entered a copy of the Free 336 00:21:49,359 --> 00:21:53,800 Speaker 2: cowflyer into evidence, the one that Kimberlea supposedly saw on 337 00:21:53,920 --> 00:21:57,600 Speaker 2: the corner of East two hundred and thirteenth Street. There's 338 00:21:57,600 --> 00:22:01,280 Speaker 2: one little detail that bothers me. The flyer in evidence. 339 00:22:01,560 --> 00:22:05,840 Speaker 2: It's so beat up that it's unreadable. Kimber Lea had 340 00:22:05,880 --> 00:22:08,640 Speaker 2: told me she'd call Joe Barry after finding his phone 341 00:22:08,720 --> 00:22:12,000 Speaker 2: number on the flyer, But Joe Barry's phone number it's 342 00:22:12,040 --> 00:22:16,640 Speaker 2: not visible on the flyer in evidence. Okay, kimber Lea 343 00:22:16,760 --> 00:22:19,919 Speaker 2: was hungry and bothered and hurt and pissed at what 344 00:22:20,000 --> 00:22:23,239 Speaker 2: she says is the wrong done to Cow, and what 345 00:22:23,320 --> 00:22:26,360 Speaker 2: she says on the stand is probably more important than 346 00:22:26,440 --> 00:22:30,959 Speaker 2: how she arrived at the stand still. This detail seems 347 00:22:31,000 --> 00:22:34,640 Speaker 2: like something for a prosecutor to work with, but mostly 348 00:22:34,800 --> 00:22:37,960 Speaker 2: Felicity has kimber Lea repeat her story. 349 00:22:38,480 --> 00:22:40,520 Speaker 14: What happened after you call out for your sister? 350 00:22:41,320 --> 00:22:45,400 Speaker 4: She came in out okay? And what does she say 351 00:22:45,440 --> 00:22:48,840 Speaker 4: to you? She didn't say too much anything. I'm in 352 00:22:48,920 --> 00:22:51,080 Speaker 4: the midst of taking care of my kids at this time. 353 00:22:51,400 --> 00:22:52,640 Speaker 4: Did you say anything to her? 354 00:22:53,240 --> 00:22:53,280 Speaker 15: No? 355 00:22:54,160 --> 00:22:57,800 Speaker 2: Felicity hits other points and then is ready to move on. 356 00:22:59,080 --> 00:23:00,359 Speaker 4: I'm ready for the next witness. 357 00:23:01,440 --> 00:23:06,439 Speaker 2: Next witness is kimber Leah's younger sister, Nakia. She is 358 00:23:06,480 --> 00:23:10,440 Speaker 2: the crucial witness, the one I've been waiting for. Nakia, 359 00:23:10,560 --> 00:23:13,200 Speaker 2: who sat on the stoop the night of the homicide, 360 00:23:13,640 --> 00:23:17,800 Speaker 2: twenty five feet from the murders. She's scheduled to testify 361 00:23:17,840 --> 00:23:21,560 Speaker 2: after a recess. Before she takes the stand, I run 362 00:23:21,560 --> 00:23:24,480 Speaker 2: into her outside. 363 00:23:23,320 --> 00:23:27,040 Speaker 4: So doing Evelena on pop right now. 364 00:23:28,240 --> 00:23:31,440 Speaker 2: I like Nikia. She's sassy, she has a great bubbly 365 00:23:31,520 --> 00:23:35,439 Speaker 2: laugh and a quick smile. I even enjoy her alter ego, 366 00:23:35,880 --> 00:23:38,120 Speaker 2: who I'd first met when I sat down with Nikia 367 00:23:38,280 --> 00:23:39,560 Speaker 2: in North Carolina. 368 00:23:39,680 --> 00:23:42,280 Speaker 15: Evelina is what my mother calls me. Well, she is 369 00:23:42,320 --> 00:23:44,439 Speaker 15: gone now, but that's what my mother used to call me. 370 00:23:44,560 --> 00:23:48,199 Speaker 15: I would be her pretty little princess when I was 371 00:23:48,240 --> 00:23:53,000 Speaker 15: being good. But I was Evelina when I would be bad, 372 00:23:54,320 --> 00:23:56,159 Speaker 15: because it wasn't just bad, it was she said I 373 00:23:56,240 --> 00:23:56,679 Speaker 15: was evil. 374 00:23:56,840 --> 00:24:01,560 Speaker 4: So that's why she named me Evelina. You kind of yeah, 375 00:24:01,560 --> 00:24:04,879 Speaker 4: I do have up very well. 376 00:24:08,040 --> 00:24:11,560 Speaker 2: Nikia's circumstances have changed since I met her two years ago. 377 00:24:12,160 --> 00:24:15,199 Speaker 2: Back then, her life was coming together. She was in 378 00:24:15,280 --> 00:24:18,480 Speaker 2: rehab and had never been happier. She wore a big 379 00:24:18,600 --> 00:24:22,680 Speaker 2: rock on her finger. She was engaged in love. Today 380 00:24:23,119 --> 00:24:26,280 Speaker 2: she arrived in court from upstate New York, where for 381 00:24:26,320 --> 00:24:28,760 Speaker 2: a time she lived in a home for battered women. 382 00:24:29,800 --> 00:24:32,520 Speaker 2: A few months ago, the DA's people showed up to 383 00:24:32,600 --> 00:24:36,600 Speaker 2: question her in relation to Cal's case. Apparently that spooked 384 00:24:36,600 --> 00:24:39,439 Speaker 2: the authorities at the shelter and at the program that 385 00:24:39,520 --> 00:24:42,600 Speaker 2: was paying her rent. Nikia says that neither wanted to 386 00:24:42,640 --> 00:24:46,320 Speaker 2: deal with someone involved in a double homicide that threw 387 00:24:46,359 --> 00:24:51,640 Speaker 2: her life into Turmoila didn't like that. No, So sometimes 388 00:24:51,680 --> 00:24:53,840 Speaker 2: Evelina makes an appearance. 389 00:24:54,160 --> 00:24:58,840 Speaker 15: Yeah, like today. They should have pissed me off because 390 00:24:58,840 --> 00:25:01,480 Speaker 15: they did too much. They did too much. That was 391 00:25:01,480 --> 00:25:03,320 Speaker 15: too much. I guess they thought that was going to 392 00:25:03,400 --> 00:25:05,480 Speaker 15: scare me, and it pissed me off. 393 00:25:12,320 --> 00:25:13,200 Speaker 4: What is. 394 00:25:14,400 --> 00:25:17,879 Speaker 8: I believe we left off defense case you have another 395 00:25:17,880 --> 00:25:18,520 Speaker 8: witness to call. 396 00:25:18,720 --> 00:25:21,719 Speaker 4: I do you have a call? Nikiya n Aka Clark 397 00:25:21,840 --> 00:25:22,560 Speaker 4: C L A R K. 398 00:25:24,280 --> 00:25:26,359 Speaker 15: Please stay your name in your city, in the city 399 00:25:26,400 --> 00:25:27,840 Speaker 15: of the residency yesterday you or not? 400 00:25:28,680 --> 00:25:33,240 Speaker 4: Nakiah Clark, Kingston, New York. Thank you just have received. 401 00:25:32,960 --> 00:25:33,800 Speaker 13: Yep more thank you. 402 00:25:36,359 --> 00:25:41,800 Speaker 4: Mauer. Yes, good after numbers Clark, good afternoon. 403 00:25:42,760 --> 00:25:45,359 Speaker 10: So I want to take you back to September tenth 404 00:25:45,359 --> 00:25:50,560 Speaker 10: of nineteen ninety two, at around nine o'clock. 405 00:25:51,280 --> 00:25:53,720 Speaker 4: Can you tell us what, if anything unusual you so 406 00:25:53,880 --> 00:25:54,560 Speaker 4: happened that number. 407 00:25:57,160 --> 00:26:02,760 Speaker 15: I was sitting outside of my sister's talking to a 408 00:26:02,760 --> 00:26:05,479 Speaker 15: friend of mine. I can't remember pinning. 409 00:26:06,960 --> 00:26:08,960 Speaker 10: So you're sitting on there with your friend and what's 410 00:26:09,160 --> 00:26:10,359 Speaker 10: the next thing he knows? 411 00:26:11,640 --> 00:26:13,119 Speaker 4: I know it is somebody walking. 412 00:26:16,119 --> 00:26:20,159 Speaker 15: Walking towards me from where he was coming from my 413 00:26:20,240 --> 00:26:24,000 Speaker 15: left side. I was talking to my friend. So by 414 00:26:24,000 --> 00:26:31,959 Speaker 15: the time I turned and realized it was the guy, 415 00:26:31,760 --> 00:26:34,080 Speaker 15: he just started shooting. 416 00:26:35,160 --> 00:26:42,320 Speaker 4: He started shooting. Okay, so he came from your left side. Yes, 417 00:26:43,240 --> 00:26:45,240 Speaker 4: when you looked at him, did you recognize him? 418 00:26:45,640 --> 00:26:45,840 Speaker 18: Yes? 419 00:26:46,160 --> 00:26:47,040 Speaker 4: What did you see? 420 00:26:49,680 --> 00:26:53,400 Speaker 2: So here's the moment I've been waiting for a declaration 421 00:26:53,680 --> 00:26:58,160 Speaker 2: in open court, who did not kiss kill the brothers? 422 00:26:58,440 --> 00:27:10,840 Speaker 2: On September tenth, nineteen ninety two, the way the White, 423 00:27:12,760 --> 00:27:15,920 Speaker 2: Nikia tells the court that after seeing Dwight fire into 424 00:27:15,960 --> 00:27:18,840 Speaker 2: the car, she got up from the stoop and ran, 425 00:27:19,760 --> 00:27:20,320 Speaker 2: Where did. 426 00:27:20,160 --> 00:27:25,600 Speaker 4: You run to? To my sister? To my sister's apartment? 427 00:27:28,000 --> 00:27:29,160 Speaker 4: What happened when you got out? Sun? 428 00:27:31,200 --> 00:27:33,800 Speaker 15: My sister was freaking out because she thought I got hurt, 429 00:27:34,200 --> 00:27:35,760 Speaker 15: and I was telling her that I was all right. 430 00:27:38,960 --> 00:27:40,680 Speaker 4: So we looked out the window and he was still 431 00:27:40,720 --> 00:27:41,200 Speaker 4: in the car. 432 00:27:51,240 --> 00:27:57,399 Speaker 10: Now, after that incident, do you recall whether you'd seen. 433 00:27:59,080 --> 00:28:01,200 Speaker 4: Cal in the neighborhood after? 434 00:28:01,240 --> 00:28:07,560 Speaker 10: That's too much all of that, okay, And what about 435 00:28:07,560 --> 00:28:08,920 Speaker 10: whether you saw Dwight after that? 436 00:28:10,400 --> 00:28:14,160 Speaker 4: I seen him right after that. Okay? About when when 437 00:28:14,160 --> 00:28:19,600 Speaker 4: the police came over that actual day, Yeah, he was. 438 00:28:19,680 --> 00:28:23,720 Speaker 4: He stayed there. Yeah, he watched what did he watch? 439 00:28:24,280 --> 00:28:29,240 Speaker 15: He watched the police go to the calm and do 440 00:28:29,359 --> 00:28:35,440 Speaker 15: the investigation, and he stayed, he said them, he said 441 00:28:35,440 --> 00:28:36,040 Speaker 15: there and watched. 442 00:28:42,120 --> 00:28:46,360 Speaker 2: Now. Earlier in court, Nakia's sister kimber Leah, had also 443 00:28:46,440 --> 00:28:51,400 Speaker 2: fingered Dwight. That particular testimony was strange for me because 444 00:28:51,440 --> 00:28:54,640 Speaker 2: when I'd spoken to kimber Lea two years earlier. She 445 00:28:54,760 --> 00:28:58,720 Speaker 2: said she didn't see the murder go down. Felicity didn't 446 00:28:58,720 --> 00:29:01,120 Speaker 2: make a big deal of this, and so the judge 447 00:29:01,200 --> 00:29:06,240 Speaker 2: is left with Nikiah's haunting description. Dwight, admiring his handiwork 448 00:29:06,640 --> 00:29:10,880 Speaker 2: as police string crime scene tape around the murdered bodies, 449 00:29:13,880 --> 00:29:16,920 Speaker 2: Oscar walks back to the defense table. He has no 450 00:29:17,040 --> 00:29:22,600 Speaker 2: further questions, but I have some for my friend Dwight. 451 00:29:23,400 --> 00:29:40,880 Speaker 2: When we return. We're back with Empire on blood. So Nikiah, 452 00:29:40,960 --> 00:29:45,320 Speaker 2: the eyewitness, accuses Dwight of homicide in a public forum. 453 00:29:45,880 --> 00:29:49,320 Speaker 2: But this isn't TV. No one gasps, and yet her 454 00:29:49,440 --> 00:29:53,640 Speaker 2: testimony changes everything. It may well determine the fate of 455 00:29:53,720 --> 00:29:57,640 Speaker 2: cal and also of someone else's going on. 456 00:29:59,160 --> 00:30:02,160 Speaker 4: I'm all right, we survive in this madness. You know, 457 00:30:02,680 --> 00:30:03,240 Speaker 4: how's your day? 458 00:30:03,320 --> 00:30:03,520 Speaker 15: Man? 459 00:30:04,400 --> 00:30:06,360 Speaker 4: Now? My day was a failed it with. 460 00:30:08,800 --> 00:30:12,720 Speaker 2: That's Dwight, and that's our usual comfortable chit chat. But 461 00:30:12,880 --> 00:30:17,479 Speaker 2: today I'm not entirely comfortable. I know things Dwight doesn't, 462 00:30:17,880 --> 00:30:21,040 Speaker 2: things that could hurt him. Accusations I've known since my 463 00:30:21,160 --> 00:30:25,560 Speaker 2: first conversation with Nikiah two years ago, and I'm about 464 00:30:25,600 --> 00:30:32,920 Speaker 2: to reveal all this to Dwight. I sometimes rationalized that 465 00:30:33,040 --> 00:30:36,920 Speaker 2: by not telling, Dwight had been shielding him. When we 466 00:30:36,960 --> 00:30:40,000 Speaker 2: would talk on the phone, we had lots to talk about. 467 00:30:40,480 --> 00:30:43,400 Speaker 2: Dwight wanted to not think about prison, and I was 468 00:30:43,520 --> 00:30:47,200 Speaker 2: happy to help. We chatted about his favorite TV shows. 469 00:30:47,640 --> 00:30:52,280 Speaker 2: He recommends Fargo, the whitest show on TV. He wants 470 00:30:52,320 --> 00:30:55,520 Speaker 2: me to edit the screenplay he's writing, which he's set 471 00:30:55,640 --> 00:31:01,080 Speaker 2: at Yale. I rarely mentioned Cal's case and never mentioned 472 00:31:01,160 --> 00:31:06,080 Speaker 2: Nikia's affidavit. But now Dwight's been accused in an open court, 473 00:31:06,480 --> 00:31:09,960 Speaker 2: no point in shielding him any longer. Dwight's in year 474 00:31:10,080 --> 00:31:13,040 Speaker 2: twenty of a twenty five to life sentence. This new 475 00:31:13,080 --> 00:31:15,400 Speaker 2: information may change his life. 476 00:31:15,880 --> 00:31:18,080 Speaker 4: You got the four to forty motions? You time, dude, 477 00:31:18,640 --> 00:31:24,560 Speaker 4: It's over one hundred pages. All oh, it's just taken out. 478 00:31:26,920 --> 00:31:29,120 Speaker 2: Dwight and I are in a prison conference room and 479 00:31:29,240 --> 00:31:32,440 Speaker 2: sing sing. This always strikes me. It's a bit weird, 480 00:31:32,960 --> 00:31:34,520 Speaker 2: as if we're in a business meeting. 481 00:31:34,600 --> 00:31:35,400 Speaker 4: Two copies. 482 00:31:35,440 --> 00:31:41,880 Speaker 2: Here Dwight is wearing his state greens and gold rimmed glasses. 483 00:31:42,400 --> 00:31:46,120 Speaker 2: A personal touch. I slide a copy of Cow's motion 484 00:31:46,280 --> 00:31:47,080 Speaker 2: across the table. 485 00:31:47,440 --> 00:31:54,680 Speaker 4: This one here is her so this is Nika Laro. 486 00:31:56,240 --> 00:31:59,440 Speaker 2: I flipped to Nikia's affidavit, the one she wrote out 487 00:31:59,480 --> 00:32:03,200 Speaker 2: for Private Joe Barry. Her account is to the point 488 00:32:03,800 --> 00:32:08,440 Speaker 2: fifty nine words. It's dated April seventh, twenty and fifteen. 489 00:32:09,440 --> 00:32:13,560 Speaker 2: It says, on September tenth, nineteen ninety two, I saw 490 00:32:13,760 --> 00:32:17,080 Speaker 2: two guys sitting in a white car on two hundred 491 00:32:17,080 --> 00:32:21,200 Speaker 2: and thirteen and Bronxwood. They were eating and playing music. 492 00:32:21,680 --> 00:32:24,120 Speaker 2: Then I saw Dwight walk up to the driver's side 493 00:32:24,160 --> 00:32:27,840 Speaker 2: window and shoot multiples into the car. I saw the 494 00:32:27,920 --> 00:32:31,200 Speaker 2: two guys body jerk from the gunshot. I didn't see 495 00:32:31,280 --> 00:32:33,360 Speaker 2: cow present when the shooting happened. 496 00:32:41,080 --> 00:32:44,400 Speaker 19: Twenty three years later, she comes forward. 497 00:32:44,520 --> 00:32:49,720 Speaker 18: She she shown me And how old is she done? 498 00:32:51,640 --> 00:32:57,120 Speaker 4: She's sixteen, She was sixteen a shore. She's almost boarded 499 00:32:57,240 --> 00:33:01,320 Speaker 4: now Oo Naquia nik I. 500 00:33:01,320 --> 00:33:07,560 Speaker 2: Don't know that, but Nakiah knew Dwight recognized him from 501 00:33:07,560 --> 00:33:11,480 Speaker 2: the neighborhood and from his scar. Remember the fateful mark, 502 00:33:11,840 --> 00:33:14,920 Speaker 2: the one Dwight says started him on his path to crime. 503 00:33:16,960 --> 00:33:19,240 Speaker 4: And how much of those he got just huh no, 504 00:33:19,720 --> 00:33:26,600 Speaker 4: he's kind of insists, and who's a system? Kimberly uh 505 00:33:27,000 --> 00:33:27,840 Speaker 4: sprouted went like. 506 00:33:27,920 --> 00:33:32,080 Speaker 2: Kim, what do you have? 507 00:33:32,240 --> 00:33:37,600 Speaker 4: What do they have? Two people now, two people saying 508 00:33:37,640 --> 00:33:38,000 Speaker 4: that they. 509 00:33:37,960 --> 00:33:38,560 Speaker 7: Saw me do it. 510 00:33:40,760 --> 00:33:43,320 Speaker 2: I had a question I'd long wanted to ask Dwight. 511 00:33:44,280 --> 00:33:48,680 Speaker 2: I hadn't found the right moment, But now everything is 512 00:33:48,840 --> 00:33:49,560 Speaker 2: out in the open. 513 00:33:51,280 --> 00:33:52,320 Speaker 15: Didn't do it right? 514 00:33:52,680 --> 00:33:55,320 Speaker 4: Yeah? Shit, shit, he didn't do it. I ain't do this. 515 00:33:57,960 --> 00:33:58,800 Speaker 4: Y'all wouldn't know him. 516 00:33:58,840 --> 00:33:59,080 Speaker 18: Kiss. 517 00:33:59,360 --> 00:34:01,239 Speaker 4: I could kill it about them, won't win or run 518 00:34:01,280 --> 00:34:01,720 Speaker 4: every order. 519 00:34:04,360 --> 00:34:07,640 Speaker 2: So Dwight denies that he killed the Harris brothers. Still, 520 00:34:07,680 --> 00:34:11,960 Speaker 2: what Dwight does admit is stunning. Maybe it's the intimacy 521 00:34:12,000 --> 00:34:16,880 Speaker 2: of our little caucus, just me and Dwight across the table. Now, 522 00:34:17,000 --> 00:34:19,920 Speaker 2: Dwight admits that he's been lying about Cal all along. 523 00:34:20,480 --> 00:34:23,960 Speaker 2: Now he says Cal didn't do it, And with that, 524 00:34:24,280 --> 00:34:28,520 Speaker 2: Dwight undermines the district attorney's case, the one that's prevailed 525 00:34:28,640 --> 00:34:32,879 Speaker 2: for two decades. But Dwight, he's not thinking about Cal. 526 00:34:33,600 --> 00:34:35,719 Speaker 2: He's focused on his own fate. 527 00:34:38,280 --> 00:34:42,000 Speaker 19: If he gets exonerated. Hight and they have two people 528 00:34:42,640 --> 00:34:45,239 Speaker 19: saying that I did it. Did want to try to 529 00:34:45,320 --> 00:34:47,640 Speaker 19: hold him to stand by what they said. 530 00:34:47,920 --> 00:34:55,120 Speaker 4: Come after you. Yeah, Still to think this still would. 531 00:34:54,960 --> 00:35:07,600 Speaker 18: Come Yeah, yeah, what made you think that? Because he's relentless. 532 00:35:07,640 --> 00:35:09,360 Speaker 18: I know him, Like I said, he knows. 533 00:35:09,200 --> 00:35:10,000 Speaker 19: Me and I know him. 534 00:35:13,000 --> 00:35:16,919 Speaker 2: Cal hates Dwight, blames Dwight for his fate, and that blame, well, 535 00:35:17,560 --> 00:35:21,440 Speaker 2: it's not misplaced. I understand that Cal has spent his 536 00:35:21,800 --> 00:35:26,279 Speaker 2: entire adult life trying to prove that Dwight lied. But 537 00:35:26,440 --> 00:35:28,960 Speaker 2: sometimes I just wish it weren't a zero some game. 538 00:35:29,560 --> 00:35:32,360 Speaker 2: The cow's win didn't have to be Dwight's loss. 539 00:35:34,239 --> 00:35:36,560 Speaker 19: I'm gonna I'm gonna be honest with you and straightforward 540 00:35:36,560 --> 00:35:40,760 Speaker 19: with you. I was seventeen years old when that murdered, 541 00:35:40,800 --> 00:35:46,480 Speaker 19: that double homicide took place, seventeen years old, Steeve, come 542 00:35:46,520 --> 00:35:53,719 Speaker 19: on at seventeen years old, I'm not yes, I was 543 00:35:53,800 --> 00:35:58,759 Speaker 19: a well, I'm just gonna say this, that was a 544 00:35:58,960 --> 00:36:05,640 Speaker 19: well executed homoship. My honest opinion, this is my honest opinion. 545 00:36:07,120 --> 00:36:12,239 Speaker 19: Who would kill those two guys killed before? That wasn't 546 00:36:12,280 --> 00:36:12,879 Speaker 19: near first kid. 547 00:36:17,560 --> 00:36:20,359 Speaker 2: I do sometimes forget that Dwight was a teenager at 548 00:36:20,400 --> 00:36:24,360 Speaker 2: the time, barely old enough to drive. Almost all of 549 00:36:24,440 --> 00:36:28,840 Speaker 2: them were teenagers running around with automatic weapons. I was 550 00:36:29,000 --> 00:36:33,000 Speaker 2: seventeen years old, Dwight says, as if that proves his innocence. 551 00:36:33,480 --> 00:36:36,759 Speaker 2: Of course it doesn't. But I feel for Dwight. He's 552 00:36:36,920 --> 00:36:40,560 Speaker 2: forty two. Now, if I had my way, I would 553 00:36:40,640 --> 00:36:44,560 Speaker 2: give that seventeen year old another chance. I can't explain it. 554 00:36:45,120 --> 00:36:49,560 Speaker 2: Maybe it's not rational or right. I just would, But 555 00:36:49,680 --> 00:36:50,719 Speaker 2: then it's not up to me. 556 00:36:57,400 --> 00:37:01,520 Speaker 4: We thank you, Good afternoon, Miss Clark. 557 00:37:02,800 --> 00:37:07,000 Speaker 2: Good after Back in the courtroom, it's Felicity Lungs turn 558 00:37:07,080 --> 00:37:11,759 Speaker 2: to question Nikiah. Her cross examination may well decide Cal's fate. 559 00:37:12,680 --> 00:37:15,640 Speaker 2: Will she hold up under grilling. When I'd first met 560 00:37:15,719 --> 00:37:18,600 Speaker 2: Nikia with Joe Barry, he'd asked her if she was 561 00:37:18,920 --> 00:37:21,440 Speaker 2: strong enough to take a beating on the witness stand 562 00:37:22,040 --> 00:37:24,319 Speaker 2: Back then, she'd said she was Do you. 563 00:37:25,680 --> 00:37:28,560 Speaker 8: Speaking to me in my office with your lawyer present? 564 00:37:30,000 --> 00:37:37,000 Speaker 4: Yes? I do remember to talking to you. Okay, I'll yes, yes. 565 00:37:38,440 --> 00:37:42,320 Speaker 2: Nikia is not looking happy. Felicity is well aware that 566 00:37:42,440 --> 00:37:45,239 Speaker 2: Nikiyah feels wrong by the cops who showed up at 567 00:37:45,239 --> 00:37:48,880 Speaker 2: her program in Upstate New York. But Felicity moves on, 568 00:37:49,640 --> 00:37:53,759 Speaker 2: sees is on a contradiction between Nikia's testimony and an 569 00:37:53,760 --> 00:37:55,040 Speaker 2: affidavit she signed. 570 00:37:55,440 --> 00:37:59,040 Speaker 14: Which answer would you like the one that you said 571 00:37:59,719 --> 00:38:03,880 Speaker 14: when mister Michelin was asking you questions or the answers 572 00:38:03,920 --> 00:38:05,759 Speaker 14: you gave in your affidavit. 573 00:38:07,000 --> 00:38:09,200 Speaker 15: I would have to say the ones that's in the 574 00:38:09,320 --> 00:38:12,399 Speaker 15: affidavit because it was fresh on my mind. 575 00:38:12,480 --> 00:38:15,440 Speaker 4: Then I've been through a lot since i've seen you. 576 00:38:16,560 --> 00:38:20,680 Speaker 2: Felicity has latched onto a discrepancy in Nikkia's eyewitness accounts. 577 00:38:21,280 --> 00:38:24,240 Speaker 2: Which path did the killer take to get to the brothers? 578 00:38:24,880 --> 00:38:27,200 Speaker 2: Did he come from an alleyway on one side of 579 00:38:27,239 --> 00:38:29,799 Speaker 2: the street or did he cross the street to get 580 00:38:29,840 --> 00:38:30,520 Speaker 2: to the brothers. 581 00:38:31,560 --> 00:38:35,920 Speaker 4: I've just seen him coming from that direction, coming out 582 00:38:36,000 --> 00:38:43,280 Speaker 4: from me before you siddle. He's either walking. 583 00:38:43,960 --> 00:38:48,280 Speaker 15: He's even walking towards me with me sitting on the set, 584 00:38:48,880 --> 00:38:54,960 Speaker 15: I've seen him walking towards my direction. I apologize that 585 00:38:55,080 --> 00:38:58,240 Speaker 15: I cannot be pacific at this moment. 586 00:38:59,320 --> 00:39:02,200 Speaker 2: We have set up four microphones in the courtroom. One 587 00:39:02,400 --> 00:39:06,479 Speaker 2: is right next to the witness. It's very sensitive. Listen 588 00:39:06,600 --> 00:39:10,680 Speaker 2: closely as Nikiyah Evelina whispers under her breath. 589 00:39:11,840 --> 00:39:18,200 Speaker 4: Is he walking towards yes? Or is he? I don't know? 590 00:39:20,280 --> 00:39:23,800 Speaker 14: So you're saying now, I just want to get this straight. 591 00:39:26,200 --> 00:39:29,880 Speaker 2: Evelina's last phrase, This bitch is getting on my nerves. 592 00:39:30,640 --> 00:39:34,279 Speaker 14: You said your memory was probably better then and you 593 00:39:34,480 --> 00:39:36,920 Speaker 14: saw do I come out from the alleyway? 594 00:39:37,160 --> 00:39:38,439 Speaker 6: Would that be accurate. 595 00:39:38,920 --> 00:39:43,000 Speaker 4: Better than yes? It's in my mind. Yes, it is. 596 00:39:43,200 --> 00:39:46,160 Speaker 14: So he did not walk across the street like you 597 00:39:46,280 --> 00:39:47,000 Speaker 14: stated earlier. 598 00:39:47,320 --> 00:39:48,640 Speaker 4: I don't remember the street. 599 00:39:50,840 --> 00:39:55,239 Speaker 15: I remember seeing him, the flashes I'm having flashes of 600 00:39:55,360 --> 00:40:01,560 Speaker 15: it is. I'm sorry, I can't be pacific, but I 601 00:40:01,719 --> 00:40:09,560 Speaker 15: know that when I seen him coming towards me, and 602 00:40:09,680 --> 00:40:12,560 Speaker 15: the flashes and then the gun, and then then then 603 00:40:12,640 --> 00:40:14,360 Speaker 15: the shooting in the bodies, and. 604 00:40:16,800 --> 00:40:18,960 Speaker 4: It was a lot. It was a lot. 605 00:40:24,600 --> 00:40:27,719 Speaker 2: Now, I'm no ordinary listener. I've been obsessed with the 606 00:40:27,800 --> 00:40:32,879 Speaker 2: details of this case for years, but I'm confused. Who 607 00:40:33,120 --> 00:40:36,480 Speaker 2: cares which path he took to the car? Nikiya saw 608 00:40:36,600 --> 00:40:42,280 Speaker 2: Dwight shoot those boys. It's stained in her mind. Okay, 609 00:40:42,680 --> 00:40:45,840 Speaker 2: So for me, the prosecution hasn't done much with the 610 00:40:45,920 --> 00:40:51,200 Speaker 2: defense witnesses, but now Felicity can call witnesses for the prosecution. 611 00:40:52,000 --> 00:40:56,000 Speaker 8: And I believe, as our conversation after bench, you intend 612 00:40:56,080 --> 00:40:57,920 Speaker 8: to put on a witness that's correct? 613 00:40:58,239 --> 00:40:59,560 Speaker 9: And who's the witness? 614 00:40:59,600 --> 00:41:03,240 Speaker 4: And when Dwight Robinson on Friday. 615 00:41:04,000 --> 00:41:08,359 Speaker 2: Whoa, I didn't see that coming what will Dwight tell 616 00:41:08,440 --> 00:41:28,280 Speaker 2: the court stay with us, We're back with Empire on blood. 617 00:41:29,719 --> 00:41:33,400 Speaker 2: I'm at sing saying, talking to Dwight, we need a snack. 618 00:41:34,080 --> 00:41:36,840 Speaker 2: I head to the vending machines. Inmates aren't allowed to 619 00:41:36,920 --> 00:41:39,640 Speaker 2: handle money, and so I take the few minutes walk. 620 00:41:40,440 --> 00:41:43,040 Speaker 2: The guards have to unlock a gate for me. I 621 00:41:43,160 --> 00:41:46,160 Speaker 2: leave my digital recorder running in the conference room while 622 00:41:46,200 --> 00:41:50,319 Speaker 2: I'm away. I never turn it off. It's habit now. 623 00:41:50,400 --> 00:41:53,920 Speaker 2: Don't get your hopes up. Dwight's not Bobby Durst. He 624 00:41:54,000 --> 00:41:58,480 Speaker 2: doesn't talk to himself. Still, the recording is revealing of 625 00:41:58,640 --> 00:42:00,759 Speaker 2: prison life, of White's life. 626 00:42:01,520 --> 00:42:04,040 Speaker 4: What are you saying at where you like that? 627 00:42:07,120 --> 00:42:10,640 Speaker 2: While I'm at the vending machines, a corrections officer enters 628 00:42:10,680 --> 00:42:14,120 Speaker 2: the conference room, a boss of some sort. He can't 629 00:42:14,200 --> 00:42:17,120 Speaker 2: believe that there's no officer posted in the room with Dwight. 630 00:42:17,960 --> 00:42:21,879 Speaker 2: He fixes the oversight. Dwight and his new guard chat 631 00:42:22,080 --> 00:42:24,600 Speaker 2: about why the boss wants an officer in the room. 632 00:42:25,520 --> 00:42:26,239 Speaker 13: You could be here. 633 00:42:32,120 --> 00:42:41,680 Speaker 4: You killed this dude, that's what you said. He's still alive, 634 00:42:41,800 --> 00:42:41,960 Speaker 4: you know. 635 00:42:44,880 --> 00:42:48,440 Speaker 2: I listened to this exchange later months later. In it, 636 00:42:48,840 --> 00:42:52,160 Speaker 2: I hear the prison's view of Dwight wants a murderer, 637 00:42:52,520 --> 00:42:53,440 Speaker 2: always a murderer. 638 00:42:54,719 --> 00:42:54,880 Speaker 15: I know. 639 00:42:55,000 --> 00:42:58,040 Speaker 2: Dwight's response was a joke. He's still alive, you know 640 00:42:58,120 --> 00:43:03,360 Speaker 2: what I mean. Funny. I returned from the vending machine 641 00:43:03,400 --> 00:43:05,600 Speaker 2: with a meat patty, a Jamaican sandwich. 642 00:43:06,040 --> 00:43:08,960 Speaker 4: It's just the box. It's hot. Be careful. 643 00:43:09,920 --> 00:43:12,319 Speaker 2: I noticed there's an officer sitting at the far end 644 00:43:12,400 --> 00:43:16,320 Speaker 2: of the conference room. I'm not entirely unhappy about that. 645 00:43:17,680 --> 00:43:21,399 Speaker 2: So Dwight tell me about the prosecution. You're really going 646 00:43:21,480 --> 00:43:22,760 Speaker 2: to help them again. 647 00:43:23,320 --> 00:43:25,720 Speaker 19: It's to a point where for me it's a bigger 648 00:43:25,760 --> 00:43:28,600 Speaker 19: headache than anything I'm trying to. 649 00:43:30,360 --> 00:43:31,400 Speaker 4: I'm trying to avoid all that. 650 00:43:32,680 --> 00:43:34,400 Speaker 19: Be course, at the end of the days like this, 651 00:43:35,440 --> 00:43:38,960 Speaker 19: I got my own case st worry about, and that's 652 00:43:39,040 --> 00:43:43,160 Speaker 19: that's what I'm focused on now, is my case. That's 653 00:43:43,239 --> 00:43:46,920 Speaker 19: really my mentality is that I got five years to 654 00:43:47,000 --> 00:43:52,279 Speaker 19: my boy and if push coming shot, can I finish 655 00:43:52,360 --> 00:43:52,719 Speaker 19: that time? 656 00:43:52,920 --> 00:43:53,080 Speaker 13: Yeah? 657 00:43:54,280 --> 00:43:58,200 Speaker 2: So, according to Dwight, he'd already let the prosecution know 658 00:43:58,320 --> 00:44:02,040 Speaker 2: that he was not going to test five. Apparently Felicity 659 00:44:02,160 --> 00:44:05,600 Speaker 2: was out of the loop or bluffing. She hadn't strong 660 00:44:05,760 --> 00:44:08,440 Speaker 2: armed Dwight. She didn't let him know he'd never make 661 00:44:08,520 --> 00:44:11,120 Speaker 2: parole if he didn't help, not like in the days 662 00:44:11,160 --> 00:44:12,560 Speaker 2: of Turtleman. 663 00:44:12,440 --> 00:44:16,120 Speaker 19: Detectives being detective. They want to say, well, you know 664 00:44:17,719 --> 00:44:19,640 Speaker 19: you got to do this, you know, not from a 665 00:44:19,719 --> 00:44:24,560 Speaker 19: pressure aspect, but from a it's been going on. Don't 666 00:44:24,800 --> 00:44:28,040 Speaker 19: watch out now, you know what I mean. It's it's 667 00:44:28,120 --> 00:44:34,000 Speaker 19: not a pressure anything like a pressure aspect. It's an 668 00:44:34,040 --> 00:44:39,200 Speaker 19: aspect of it. Like he's saying, do the right thing. 669 00:44:41,520 --> 00:44:45,080 Speaker 2: So that's the prosecution's tactic with Dwight. Do the right thing. 670 00:44:49,520 --> 00:44:52,560 Speaker 2: Back at the Bronx County Hall of Justice, it's day 671 00:44:52,719 --> 00:44:59,360 Speaker 2: five of Cal's hearing, May fifth, twenty seventeen. Outside it's pouring. 672 00:45:00,920 --> 00:45:05,680 Speaker 2: Inside Judge Eugene Oliver's courtroom, it is as usual, calm 673 00:45:05,920 --> 00:45:11,839 Speaker 2: and controlled. Where is the prosecution's star witness? Well, Dwight 674 00:45:11,960 --> 00:45:18,160 Speaker 2: doesn't show. The prosecution rests without calling a witness. Still 675 00:45:18,400 --> 00:45:24,400 Speaker 2: the burden of proof it's on Cal. Cal's team has 676 00:45:24,480 --> 00:45:28,240 Speaker 2: done well in court. Prosecutor Felicity Long wants the judge 677 00:45:28,320 --> 00:45:31,640 Speaker 2: to think of Cal as a dangerous person. But even 678 00:45:31,680 --> 00:45:35,520 Speaker 2: if she wins that argument, it's not enough. Col wasn't 679 00:45:35,600 --> 00:45:39,600 Speaker 2: convicted of bad character. He was convicted of a double murder. 680 00:45:41,920 --> 00:45:44,279 Speaker 2: I wouldn't be surprised if Cal committed a bunch of 681 00:45:44,400 --> 00:45:48,399 Speaker 2: crimes for which he wasn't convicted. Actually, I know he did. 682 00:45:48,880 --> 00:45:52,239 Speaker 2: He was never convicted of drug dealing. But the justice 683 00:45:52,280 --> 00:45:57,040 Speaker 2: system can't simply say, oh, he's one bad dude. It's 684 00:45:57,080 --> 00:46:00,239 Speaker 2: got to prove that he committed a double homicide on 685 00:46:00,400 --> 00:46:04,400 Speaker 2: September tenth, nineteen ninety two, and if you believe the sisters, 686 00:46:04,920 --> 00:46:09,560 Speaker 2: the DA can't do that. In the end, Felicity didn't 687 00:46:09,640 --> 00:46:13,880 Speaker 2: pursue Turtleman's theory that an envelope of cash was passed 688 00:46:13,920 --> 00:46:17,200 Speaker 2: to the sisters, didn't subpoena their financial records. 689 00:46:18,640 --> 00:46:21,480 Speaker 5: Comes to order, continue hearing all about his present. 690 00:46:24,680 --> 00:46:29,319 Speaker 2: Now it's the judge's turn. This case is Judge Oliver Swanson. 691 00:46:29,680 --> 00:46:33,680 Speaker 2: He's turning seventy and retiring after this ruling. So what 692 00:46:33,840 --> 00:46:37,759 Speaker 2: does he believe? We're back at the beginning. Cal at 693 00:46:37,800 --> 00:46:41,920 Speaker 2: the defense table, awaiting a decision that will determine his life, 694 00:46:42,400 --> 00:46:45,080 Speaker 2: and me, I'm looking on from the jury box. 695 00:46:49,200 --> 00:46:53,200 Speaker 4: You see, all right? 696 00:46:53,280 --> 00:46:58,200 Speaker 8: Before I begin my decision, I just want to make 697 00:46:58,239 --> 00:47:00,640 Speaker 8: sure the audience is a weird ere is be no 698 00:47:01,520 --> 00:47:05,840 Speaker 8: outbursts or instantaneous whatever in this courtroom. 699 00:47:06,200 --> 00:47:11,080 Speaker 9: Does everyone understand okay? Make sure that is done, otherwise 700 00:47:11,120 --> 00:47:14,680 Speaker 9: you will be asked to leave all right. 701 00:47:15,239 --> 00:47:18,560 Speaker 8: Cases on today for the court's ruling, and my statements 702 00:47:18,600 --> 00:47:20,280 Speaker 8: will be briefed because they written. 703 00:47:20,880 --> 00:47:22,120 Speaker 9: Full decision will follow. 704 00:47:24,239 --> 00:47:27,479 Speaker 2: It is the moment of truth and I'm surprised. I'm 705 00:47:27,640 --> 00:47:31,440 Speaker 2: anxious having sat through this appeal. There's no question to 706 00:47:31,560 --> 00:47:36,960 Speaker 2: me which side was more persuasive. But courts, well, they're unpredictable. 707 00:47:37,920 --> 00:47:40,400 Speaker 2: Cal sits with his hands folded in front of him. 708 00:47:41,040 --> 00:47:43,960 Speaker 2: Somehow he has evaded the forces of law and order 709 00:47:44,280 --> 00:47:48,000 Speaker 2: and slipped into a v neck Kashmir sweater wheat colored. 710 00:47:50,320 --> 00:47:53,280 Speaker 8: The defendant, Calvin Bua, represented witnesses and took the stand 711 00:47:53,360 --> 00:47:54,280 Speaker 8: on his own behalf. 712 00:47:54,880 --> 00:47:57,800 Speaker 9: The defendant did not testify at his trial. 713 00:47:58,680 --> 00:48:01,600 Speaker 8: Contrary to the people argument, the court found each of 714 00:48:01,680 --> 00:48:06,040 Speaker 8: the witnesses to be credible. Their testimony was direct and straightforward. 715 00:48:06,680 --> 00:48:09,279 Speaker 8: Each was unaware that the defendant had been convicted of 716 00:48:09,680 --> 00:48:12,640 Speaker 8: the crime in question. Each no longer lived in the 717 00:48:12,640 --> 00:48:15,600 Speaker 8: neighborhood of the crime. Each took the initiative to come 718 00:48:15,640 --> 00:48:18,800 Speaker 8: forward and testify to what they had observed on the 719 00:48:18,920 --> 00:48:23,799 Speaker 8: night of September tenth, nineteen ninety two. Therefore, this Court 720 00:48:23,880 --> 00:48:27,200 Speaker 8: grants the defendant's motion pursued to CPL for forty ten 721 00:48:27,640 --> 00:48:32,480 Speaker 8: Subdivision one G, and hereby vacates the conviction on the 722 00:48:32,560 --> 00:48:36,320 Speaker 8: ground of newly discovered evidence, and I now order a 723 00:48:36,440 --> 00:48:37,000 Speaker 8: new trial. 724 00:48:38,040 --> 00:48:42,720 Speaker 9: That is my decision. Again, A full written decision will follow. 725 00:48:55,239 --> 00:48:58,439 Speaker 2: The judge does not declare Cow innocent. What he does 726 00:48:58,680 --> 00:49:01,839 Speaker 2: is turn back the hand of time. As far as 727 00:49:01,880 --> 00:49:05,000 Speaker 2: the legal system is concerned. Cal has no longer been 728 00:49:05,080 --> 00:49:12,279 Speaker 2: convicted of murder, and he's sobbing, and that should be it. 729 00:49:13,360 --> 00:49:16,279 Speaker 2: Oscar wants Cal to walk out of this courtroom, this 730 00:49:16,560 --> 00:49:20,759 Speaker 2: hall of justice, right now, to hug his friends, see 731 00:49:20,840 --> 00:49:26,680 Speaker 2: his family. But wait, Felicity Lung springs to her feet. 732 00:49:26,920 --> 00:49:30,040 Speaker 14: Our office stands by the conviction. We will be appealing 733 00:49:30,440 --> 00:49:31,200 Speaker 14: this decision. 734 00:49:31,760 --> 00:49:35,080 Speaker 2: Appealing. Yes, maybe the DA didn't put on the best 735 00:49:35,120 --> 00:49:38,880 Speaker 2: possible case, not the one Turtleman might have, but what 736 00:49:39,080 --> 00:49:42,719 Speaker 2: case does it have. Dwight has opted out, and what 737 00:49:42,800 --> 00:49:46,799 Speaker 2: would he say anyway? But the DA's office, it's as 738 00:49:46,920 --> 00:49:48,160 Speaker 2: relentless as Cal. 739 00:49:48,560 --> 00:49:52,960 Speaker 14: If you are going to set bail, I am asking 740 00:49:53,120 --> 00:49:58,239 Speaker 14: for a fully secured half a million. I want the 741 00:49:58,400 --> 00:50:02,920 Speaker 14: court to instruct and I can also further this that 742 00:50:03,080 --> 00:50:06,880 Speaker 14: the defendant not be able to obtain a passport to 743 00:50:07,000 --> 00:50:07,840 Speaker 14: flee the country. 744 00:50:08,520 --> 00:50:11,520 Speaker 2: Then it's Oscar Michellin's turn to jump to his feet. 745 00:50:12,360 --> 00:50:15,320 Speaker 2: This is his point of view. The DA is pursuing 746 00:50:15,400 --> 00:50:17,680 Speaker 2: a conviction instead of justice. 747 00:50:18,160 --> 00:50:23,799 Speaker 10: Judge, I just really suggest that the DA clean its 748 00:50:23,840 --> 00:50:27,440 Speaker 10: record needle, because this broken record continues to be played 749 00:50:27,960 --> 00:50:31,040 Speaker 10: in this hearing time and time again. She's living in 750 00:50:31,120 --> 00:50:34,640 Speaker 10: some fantasy world of the nineties and just refuses to 751 00:50:34,680 --> 00:50:36,760 Speaker 10: wake up. I don't even understand how this is possible, 752 00:50:36,800 --> 00:50:41,399 Speaker 10: and she could make this application. Please, it's ludicrous, it's 753 00:50:41,480 --> 00:50:45,640 Speaker 10: insulting to this court, to my client and to our offices. 754 00:50:46,520 --> 00:50:49,200 Speaker 4: And it's enough. Judge, thank you both. 755 00:50:49,480 --> 00:50:54,120 Speaker 9: Hi defender will be release Ror, thank you very much. 756 00:50:56,400 --> 00:51:00,520 Speaker 2: Ro R released on his own recognisance. Judge is not 757 00:51:00,760 --> 00:51:04,520 Speaker 2: buying Felicity's assertion that Cal is so dangerous that he 758 00:51:04,640 --> 00:51:08,000 Speaker 2: must be kept off the streets. The judge doesn't believe 759 00:51:08,040 --> 00:51:11,800 Speaker 2: he needs any bail. Judge Oliver tells Cal in effect, 760 00:51:12,160 --> 00:51:16,040 Speaker 2: go home, enjoy. The state no longer has a hold 761 00:51:16,120 --> 00:51:23,000 Speaker 2: on Calvin Buari. He's free to go. Almost before Cal 762 00:51:23,080 --> 00:51:27,600 Speaker 2: can physically walk out of prison, there's paperwork to complete, 763 00:51:28,000 --> 00:51:31,800 Speaker 2: and it's Friday, which means cal will spend the weekend 764 00:51:32,120 --> 00:51:39,080 Speaker 2: in prison. The next day, Cal calls me he's in 765 00:51:39,239 --> 00:51:40,879 Speaker 2: purgatory in the cell. 766 00:51:42,480 --> 00:51:46,719 Speaker 13: All righty there, yeah hear, you sound much better. 767 00:51:48,520 --> 00:51:50,239 Speaker 16: I'm all right, cal You did it. 768 00:51:50,440 --> 00:51:50,960 Speaker 19: You did it? 769 00:51:52,760 --> 00:51:56,759 Speaker 16: Yeah, God is good. 770 00:51:56,880 --> 00:51:58,640 Speaker 7: Oh no, cal If was all you. 771 00:51:58,960 --> 00:52:02,759 Speaker 16: Man, you are the most persistent. You are the most 772 00:52:02,840 --> 00:52:12,320 Speaker 16: persistent motherfucker and hinder it. Oh my god, Cal, I 773 00:52:12,480 --> 00:52:16,400 Speaker 16: was trying to imagine, man, twenty two fucking years and 774 00:52:16,600 --> 00:52:20,560 Speaker 16: you're well, I mean, and you're there what for like 775 00:52:20,719 --> 00:52:21,439 Speaker 16: two more nights? 776 00:52:24,480 --> 00:52:26,760 Speaker 13: No, Man, the asiety is crazy. 777 00:52:26,880 --> 00:52:27,000 Speaker 7: Man. 778 00:52:27,080 --> 00:52:30,080 Speaker 13: I wanted to get out of this so best. Even now, 779 00:52:30,239 --> 00:52:35,200 Speaker 13: it's just like I'm just I'm in the facility. I'm 780 00:52:35,239 --> 00:52:36,680 Speaker 13: not going outside or anything. 781 00:52:37,000 --> 00:52:39,279 Speaker 1: I know, I know, Col, I'm just saying, you know, 782 00:52:39,960 --> 00:52:42,640 Speaker 1: I remember you once told me. You know, you can't 783 00:52:42,719 --> 00:52:45,960 Speaker 1: wait to be with people who truly love you, people 784 00:52:46,080 --> 00:52:49,640 Speaker 1: who you can trust. You know, you gotta let yourself go. 785 00:52:49,840 --> 00:52:54,960 Speaker 1: You've been so controlled and focused for so many years. 786 00:52:55,200 --> 00:52:57,879 Speaker 1: Just you know, I don't know, that's what I hear. 787 00:52:58,000 --> 00:53:01,399 Speaker 1: I hear you know, let yourself enjoy it just a bit, 788 00:53:01,640 --> 00:53:04,920 Speaker 1: just you know, breathe it in, soak it up. You 789 00:53:05,000 --> 00:53:05,640 Speaker 1: know what I'm saying. 790 00:53:06,360 --> 00:53:12,040 Speaker 13: Yeah, yeah, there you are. Seek take you advice, Meg. 791 00:53:12,640 --> 00:53:15,560 Speaker 13: Sometimes you get so used to it, you know, driven 792 00:53:15,960 --> 00:53:18,040 Speaker 13: the rife that you were rivers like you don't know 793 00:53:18,480 --> 00:53:19,120 Speaker 13: nothing else. 794 00:53:25,320 --> 00:53:29,200 Speaker 2: On Monday, I drive to green Haven Correctional Facility for 795 00:53:29,320 --> 00:53:32,319 Speaker 2: what I imagine will be the last time we're going 796 00:53:32,360 --> 00:53:35,840 Speaker 2: to pick up Cow. I'm with his lawyers and my producer, 797 00:53:36,320 --> 00:53:40,120 Speaker 2: Cow's friend, she is already there waiting to drive him home. 798 00:53:41,040 --> 00:53:42,759 Speaker 2: Then the phone rings in the car. 799 00:53:44,080 --> 00:53:46,840 Speaker 4: Although speaking to Oscar michellin. 800 00:53:48,080 --> 00:53:52,120 Speaker 13: All right, concerned and why you would think he's leaving 801 00:53:52,320 --> 00:53:56,840 Speaker 13: this week because he was uh, I a remotely close. 802 00:53:56,640 --> 00:53:57,160 Speaker 4: To his day. 803 00:53:57,480 --> 00:53:59,680 Speaker 13: He doesn't have a pronier until twenty and forty eight. 804 00:54:01,200 --> 00:54:19,800 Speaker 2: What twenty forty eight? Next time on Empire on Blood, 805 00:54:20,320 --> 00:54:24,120 Speaker 2: our final episode, when is a man truly free? 806 00:54:26,880 --> 00:54:29,080 Speaker 4: Tucking the bills of blood leaves the kingdom? 807 00:54:29,680 --> 00:54:33,000 Speaker 9: We have the bird from your friends, We have the. 808 00:54:33,040 --> 00:54:35,960 Speaker 7: Burd love tweet, friend and old the last ones. You're here, 809 00:54:36,480 --> 00:54:37,960 Speaker 7: Tom gold Al. 810 00:54:42,280 --> 00:54:45,120 Speaker 2: The director's cut of Empire on Blood is produced by 811 00:54:45,360 --> 00:54:50,120 Speaker 2: Emil Klein. Austin Smith is our associate producer and production coordinator. 812 00:54:50,320 --> 00:54:53,040 Speaker 2: The original production of the Empire on Blood was also 813 00:54:53,160 --> 00:54:57,280 Speaker 2: produced by Emil Klein. Miil Lobell was our executive producer. 814 00:54:57,680 --> 00:55:02,520 Speaker 2: Julia Parton, our story editor, fact checking by Stephanie Daniels. 815 00:55:02,920 --> 00:55:08,200 Speaker 2: Our advisor was Joel Dusk. Mastering by Jason Gabrew, original 816 00:55:08,280 --> 00:55:11,880 Speaker 2: scoring by Joel Saint Julian and our theme song, The 817 00:55:12,000 --> 00:55:17,200 Speaker 2: Lonely King is by mister Lynn. Special thanks to Andy Bauers, 818 00:55:17,480 --> 00:55:22,000 Speaker 2: who champion the original production at Panople. I'm Steve Fishman, 819 00:55:24,600 --> 00:55:25,480 Speaker 2: Lucky good note to. 820 00:55:25,480 --> 00:55:27,960 Speaker 7: The blood Leeds day, Katie, we have the burn. 821 00:55:28,000 --> 00:55:32,600 Speaker 19: Friend were the blurred lob between friend and old the 822 00:55:32,719 --> 00:55:33,600 Speaker 19: last ones here? 823 00:55:48,400 --> 00:55:51,520 Speaker 2: Hi there, before we go, You've just listened to another 824 00:55:51,640 --> 00:55:54,880 Speaker 2: brilliant episode of Empire on Blood The Director's Cut. To 825 00:55:55,040 --> 00:55:59,480 Speaker 2: hear episodes of this series one week early and add 826 00:55:59,600 --> 00:56:03,520 Speaker 2: free with exclusive content, subscribe to True Crime Clubhouse on 827 00:56:03,840 --> 00:56:06,960 Speaker 2: Apple Podcasts. It's just two ninety nine a month.