WEBVTT - Elliot Williams: Five Bullets

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<v Speaker 1>This story contains adult content and language. Listener discretion is advised.

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<v Speaker 2>He saw a shine in his eyes and a smile

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<v Speaker 2>on his face and felt that he was being played with,

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<v Speaker 2>and because he's being played with like a cat and

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<v Speaker 2>mouse or whatever else, he needed to take action.

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<v Speaker 1>I'm Kate Winkler Dawson, a nonfiction author and journalism professor

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<v Speaker 1>in Austin, Texas. I'm also the co host of the

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<v Speaker 1>podcast Buried Bones on Exactly Right, and throughout my career,

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<v Speaker 1>research for my many audio and book projects has taken

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<v Speaker 1>me around the world. On Wicked Words, I sit down

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<v Speaker 1>with the people I've met along the way, amazing writers, journalists, filmmakers,

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<v Speaker 1>and podcasters who have investigated and reported on notorious true

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<v Speaker 1>crime cases. This is about the choices writers make, both

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<v Speaker 1>good and bad, and it's a deep dive into the

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<v Speaker 1>unpublished details behind their stories. We're talking about a very

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<v Speaker 1>famous case this week. In nineteen eighty four, Bernie Gets

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<v Speaker 1>shot four black teenagers on a subway in Manhattan. He

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<v Speaker 1>was hailed as a hero in the press, a man

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<v Speaker 1>who stopped would be robbers. But as the public learned

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<v Speaker 1>more about the evidence and about Gets himself, the stories

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<v Speaker 1>seem to shift. Elliott Williams is a CNN legal analyst

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<v Speaker 1>and former federal prosecutor, and he wrote a book about

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<v Speaker 1>the case called Five Bullets. The story of Bernie Gets

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<v Speaker 1>New York's explosive eighties and the subway vigilante trial that

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<v Speaker 1>divided the nation. Give me context for where we are,

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<v Speaker 1>what time period, and what is New York City like

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<v Speaker 1>in this time period.

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<v Speaker 2>No one can really comprehend today what nineteen eighties and

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<v Speaker 2>nineteen seventies New York really looked like. When we think

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<v Speaker 2>about Labradoodal New York, when we think about Lululemon and

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<v Speaker 2>Whole Foods New York, and Skyscraper New York and Tech

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<v Speaker 2>Company New York, it's very different than the nineteen eighties.

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<v Speaker 2>And the world of this book is a gritty, grimy

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<v Speaker 2>place that's just not the New York of our imagination.

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<v Speaker 2>Think about some of the films that came out of

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<v Speaker 2>the nineteen seventies about New York City, Death Wish, which

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<v Speaker 2>comes up a lot in my book Saturday Night Fever.

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<v Speaker 2>The Warriors Escape from New York are all about somewhat

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<v Speaker 2>of a healthscape where it's rough, it's dirty, it's overcome

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<v Speaker 2>with litter, the city faces rampant corruption scandals. The city

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<v Speaker 2>is broken, mismanaged and seeking bailouts from the federal government.

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<v Speaker 2>It's firing teachers and sanitation workers. In nineteen seventy seven,

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<v Speaker 2>there's a blackout, which happens in every municipality in America,

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<v Speaker 2>and I start the book Five Bullets with this. But

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<v Speaker 2>the blackout, unlike say the blackout in two thousand and

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<v Speaker 2>three that many listeners might be familiar with, where people

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<v Speaker 2>are outside doing the waltz on the street and rolling

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<v Speaker 2>out there their barbecues and having cookouts and cooking jerk

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<v Speaker 2>chicken and sipping mimosas it becomes the most vicious single

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<v Speaker 2>evening in New York City history. Literally, The New York Post,

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<v Speaker 2>I believe, our time magazine Pardon calls it twenty four

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<v Speaker 2>hours of terror, where arson, looting, homicide, assaults just take

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<v Speaker 2>the city over. And that's indicative of how rough New

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<v Speaker 2>York City was at the time. Homicide rate was I believe,

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<v Speaker 2>seventeen hundred a year, which is about four or five

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<v Speaker 2>times greater than it is now. So it's just a

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<v Speaker 2>different place and like nothing we've seen today.

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<v Speaker 1>I was in New York in two thousand and four.

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<v Speaker 1>I lived in New York off and on for about

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<v Speaker 1>ten years. In two thousand and four, I think, and

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<v Speaker 1>we had a blackout, and I was scared to death

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<v Speaker 1>because I had read all about the seventy seven blackout,

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<v Speaker 1>and yeah, it was pretty much the way you described.

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<v Speaker 1>I was in the East Village in Tompkins Square Park.

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<v Speaker 1>They were doing bongo drums. And what was nice about

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<v Speaker 1>the time period where I lived in New York was

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<v Speaker 1>when that happened. You have bodega's and they're passing out

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<v Speaker 1>free water because of course they have no electricity. And

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<v Speaker 1>I mean, you know, people were really pulling together. And

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<v Speaker 1>of course this is post nine to eleven. So in

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<v Speaker 1>eighty four when your story is taking place, who is

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<v Speaker 1>in charge? I am mixed up between Dinkins or who's

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<v Speaker 1>the mayor at this time?

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<v Speaker 2>This is Coach, this is Kach, and this is Ed

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<v Speaker 2>Koch at his height, and he gets re elected in

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<v Speaker 2>nineteen eighty five. Really at his peak, he was New

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<v Speaker 2>York City had had a string of Look, everybody's a

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<v Speaker 2>Democrat for the most part, or a Republican who today

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<v Speaker 2>would be a Democrat. In John V. Lindsay, who was

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<v Speaker 2>mayor two mayors before, but the mayor I spoke about

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<v Speaker 2>the rampant corruption and problematic that was Abraham Beam, who

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<v Speaker 2>was the mayor before. Kach Koch gets elected really on

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<v Speaker 2>a law and order and sort of toughness platform, on

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<v Speaker 2>a centrist We are not safe. Public safety is a

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<v Speaker 2>big concern in the city. I represent you Brooklyn, part

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<v Speaker 2>of me, Brooklyn, parts of Brooklyn, but definitely Queens and

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<v Speaker 2>Staten Island and the sort of outer Borrows and the

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<v Speaker 2>working class ethnic whites. And really we're big fans of him.

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<v Speaker 2>Cotchin eighty five, So just after, really just after the

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<v Speaker 2>incident in my book, Cotchin eighty five gets elected and

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<v Speaker 2>I think the first mayor ever to get elected on

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<v Speaker 2>both the Democratic and Republican Party platforms and like seventy

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<v Speaker 2>five percent of the vote. So he's at his height,

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<v Speaker 2>and he's sort of the guy who, for better or

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<v Speaker 2>for worse, is credited in many ways for kind of

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<v Speaker 2>turning around or at least starting the turnaround of New

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<v Speaker 2>York City from the grit and the grime to the

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<v Speaker 2>you know, like I said, labradoodal New York. Now, if

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<v Speaker 2>anybody's read the book Gods of New York by Jonathan Maller,

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<v Speaker 2>which came out in twenty twenty five in the summer.

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<v Speaker 2>It sort of picks up where my book leaves off.

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<v Speaker 2>Where my book is about the grit and grime of

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<v Speaker 2>the late seventies into the early nineteen eighties, and one

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<v Speaker 2>emblematic incident that came from that. His about the rebirth

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<v Speaker 2>of New York from eighty six to nineteen ninety, and

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<v Speaker 2>you sort of some of the characters transfer from one

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<v Speaker 2>to another and sort of an interesting arc of a

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<v Speaker 2>city in crisis, which is really what my book was about.

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<v Speaker 1>Now, let's talk about the racial tensions, which I know

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<v Speaker 1>you know really play such a large part in your book.

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<v Speaker 1>Describe what this is like, Is this sort of segregation

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<v Speaker 1>situation in the city where you don't have people living

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<v Speaker 1>together as they might now or what really was it like?

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<v Speaker 2>It was rough? And something I refer to in the

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<v Speaker 2>book Five Bullets is this idea of there's a racial incident,

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<v Speaker 2>there's a protest and unrest. Al Sharpton shows up, the

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<v Speaker 2>mayor issues a statement calling for calm. It blows over

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<v Speaker 2>and then simmers underneath the surface until the next one

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<v Speaker 2>happens about a year later, and New York city through

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<v Speaker 2>starting in the late seventies deep into the frankly into

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<v Speaker 2>the nineteen nineties. I clocked it ATCHI probably about every

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<v Speaker 2>year year and a half there was some major above

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<v Speaker 2>the fold incident that galvanized and just sort of got

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<v Speaker 2>in the city's consciousness. Now, obviously there's Bernard Getzen. I

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<v Speaker 2>assume we're going to talk about that a little bit today,

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<v Speaker 2>the corusue in the book Five Bullets. But then in

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<v Speaker 2>nineteen eighty three, I believe Eleanor Bumpers is shot by

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<v Speaker 2>police officers in her home during an eviction with a

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<v Speaker 2>shotg They shoot her with a shotgun. She's being evicted,

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<v Speaker 2>but she's also a grandmother who's mentally ill and naked

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<v Speaker 2>as they kill her, and that causes a big polarization

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<v Speaker 2>in the city. There's Howard Beach and benson Hurst and

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<v Speaker 2>Crown Heights, and I throw them all out together because

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<v Speaker 2>even having grown up there, they all blur together. For me.

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<v Speaker 2>One of them is the guy who's looking for a

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<v Speaker 2>pontiac in a neighborhood in Brooklyn, in a white neighborhood

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<v Speaker 2>in Brooklyn, These white guys with baseball bats and guns

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<v Speaker 2>or screaming ethnic slurs at him, telling him to get

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<v Speaker 2>out because they thought he was there to meet white girls.

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<v Speaker 2>So they chase him, run him down. He ends up

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<v Speaker 2>getting hit by a cars he's crossing a highway. Another one,

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<v Speaker 2>same thing, crossing into the wrong side of town, chased

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<v Speaker 2>down and beaten to death by baseball bat wheeling white guys.

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<v Speaker 2>That Benson Hurston, Howard Beach. I just can't remember which

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<v Speaker 2>one was which Crown Heights was Lebovich. Jewish caravan runs

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<v Speaker 2>over a couple kids, two of them, one gets injured,

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<v Speaker 2>one dies, a boy named Gavin Cato, and that causes

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<v Speaker 2>a lot of black and Orthodox Jewish tension. And ultimately

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<v Speaker 2>that was a big one at the center. You saw

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<v Speaker 2>Al Sharpton at the center of it. I talk about

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<v Speaker 2>it quite a bit in the book. That got really

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<v Speaker 2>ugly because there was a lot of rioting and looting

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<v Speaker 2>of Jewish businesses in Crown Heights, Brooklyn. Then you move

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<v Speaker 2>later into the nineteen eighties, you get the Central Park five,

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<v Speaker 2>which everybody knows about, which these five young men accused

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<v Speaker 2>of a horrific sexual assault ends up to be inaccurate.

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<v Speaker 2>Donald Trump, then just a real estate developer takes out

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<v Speaker 2>an ad in the New York Times calling for their

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<v Speaker 2>ex acution. There was Amadu Diallo, an immigrant, standing on

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<v Speaker 2>his porch holding a wallet that police shot him forty

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<v Speaker 2>one times. So anyway, all of this happens, and it's

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<v Speaker 2>literally every year from probably seventy seven, seventy eight to

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<v Speaker 2>up into the nineties, and they just kept happening, and

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<v Speaker 2>it was just simmering under the surface in a way

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<v Speaker 2>that we all internalize, I think as people from the area.

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<v Speaker 1>What was the safety like on the subway system in

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<v Speaker 1>the eighties, because you know, I lived in New York

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<v Speaker 1>starting I would say ninety seven until probably about you know,

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<v Speaker 1>two thousand and four, two thousand and five, and I

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<v Speaker 1>felt safe on the subways. Now, I was also not

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<v Speaker 1>somebody riding the subways at midnight. Yeah, and you know

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<v Speaker 1>I was living in Lower Manhattan. So what was it

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<v Speaker 1>like in the eighties? I suspect a little scary depending

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<v Speaker 1>on where you were.

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<v Speaker 2>Oh yeah, and no doubt. And I was in the

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<v Speaker 2>city because I was in law school at that time

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<v Speaker 2>in the city from ninety eight to two really, and

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<v Speaker 2>so at the same time, the subway was not bad

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<v Speaker 2>at that point. It was not. And by then the

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<v Speaker 2>cars had started getting modernized and so on, so it

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<v Speaker 2>was just a different experience. The subway was rough, and

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<v Speaker 2>something I talk about a fair amount in the book

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<v Speaker 2>is the amount of crime that took place in the

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<v Speaker 2>subway also was at an all time high, where you're

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<v Speaker 2>talking about hundreds and hundreds and hundreds of assaults, snatches

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<v Speaker 2>and grabs, whatever the grammatical plural would be. But the

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<v Speaker 2>assaults not many homicides or serious serious assaults, but bad ones,

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<v Speaker 2>really horrible things that made daily life exceptionally difficult for people.

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<v Speaker 2>Now another one, and I'm not going to come out

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<v Speaker 2>here embracing the broken windows theory of policing, which is

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<v Speaker 2>that brit and grime and roughness make people commit worse crimes. Right,

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<v Speaker 2>That was the whole thing with Giuliani in the nineteen nineties.

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<v Speaker 2>But New York City's subways were dirty. They were a

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<v Speaker 2>place that people through their trash, people went to the bathroom,

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<v Speaker 2>they were all and I talk about this in the book.

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<v Speaker 2>Every subway car in nineteen whatever year, every single one,

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<v Speaker 2>every single inch of every single one was covered in graffiti.

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<v Speaker 2>And it became a contest among graffiti artists who have

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<v Speaker 2>tagged at least one subway car in every one of

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<v Speaker 2>the five boroughs, and they were called kings. You became

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<v Speaker 2>a king if you tagged up graffiti in every one

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<v Speaker 2>of the burrows of the city. Now again you look

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<v Speaker 2>at them now and their relics. In many ways, they're

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<v Speaker 2>almost beautiful and there if you were to wash one

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<v Speaker 2>down and just see the graffiti covering them, it's a

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<v Speaker 2>fascinating artistic group of compositions. That said, it is all

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<v Speaker 2>indicative of how rough the subway was. Signs didn't work,

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<v Speaker 2>maps didn't work, windows were broken. Trains were constantly breaking

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<v Speaker 2>down and on fire and derailing at a rate far

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<v Speaker 2>more than any subway system we could think of today. Now,

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<v Speaker 2>obviously you hear about sometimes fires or derail the unhappy.

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<v Speaker 2>It's a cost of machinery in our world. But it

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<v Speaker 2>was really bad, and people relied on the subway. They

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<v Speaker 2>needed it. It is the best way to get around

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<v Speaker 2>New York City. But it was rough.

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<v Speaker 1>What about the transit police? Were they understaffed? I can't

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<v Speaker 1>imagine they weren't. Aren't they always?

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<v Speaker 2>Oh, horribly horribly understaffed, horribly understaffed and also not fully

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<v Speaker 2>And I say this having worked in law enforcement for

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<v Speaker 2>quite some time before being a journalist. They were never

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<v Speaker 2>fully syncd up with the NYPD, and so their radios

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<v Speaker 2>were on different frequencies, for instance. And so you would

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<v Speaker 2>have a major incident underground and both NYPD and New

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<v Speaker 2>York Transit cops were working on it, but they couldn't

0:12:40.440 --> 0:12:42.760
<v Speaker 2>talk to each other over their walkie talkie. So that's

0:12:43.240 --> 0:12:47.360
<v Speaker 2>just the incompetence of eighties New York that set some

0:12:47.400 --> 0:12:48.439
<v Speaker 2>of the scene here.

0:12:48.640 --> 0:12:51.200
<v Speaker 1>Let's go ahead and get into the crux of the book.

0:12:51.240 --> 0:12:53.400
<v Speaker 1>Is the incident that happened that sparked all of this.

0:12:53.760 --> 0:12:56.360
<v Speaker 1>Tell me about the day that it happened. And let's

0:12:56.360 --> 0:12:58.960
<v Speaker 1>start with the victims, who were the four teenage the

0:12:58.960 --> 0:13:01.679
<v Speaker 1>four black teenage who were on the subway when they

0:13:01.800 --> 0:13:03.720
<v Speaker 1>encounter burning gets that day.

0:13:04.640 --> 0:13:07.679
<v Speaker 2>Okay, so there's four eighteen and nineteen year old young men.

0:13:07.720 --> 0:13:11.400
<v Speaker 2>They live in a housing project called Claremont Village. It's

0:13:11.559 --> 0:13:15.600
<v Speaker 2>regarded as a heralded facility, if you want to call

0:13:15.600 --> 0:13:18.360
<v Speaker 2>it that, but a heralded concept in public housing where

0:13:18.679 --> 0:13:24.720
<v Speaker 2>they combined all of these edifices under one major, massive,

0:13:24.800 --> 0:13:28.760
<v Speaker 2>sprawling complex. It's really now the size literally of a

0:13:28.800 --> 0:13:33.360
<v Speaker 2>small college campus. It's I think it was thirty thousand residents,

0:13:33.720 --> 0:13:36.680
<v Speaker 2>although up to seventy thousand lived in it because people had,

0:13:36.720 --> 0:13:39.800
<v Speaker 2>you know, would multi generational families and friends living together

0:13:39.840 --> 0:13:42.800
<v Speaker 2>and so on. So it was this crowded, big housing project.

0:13:42.800 --> 0:13:44.120
<v Speaker 2>And to be clear, you know, we were talking about

0:13:44.120 --> 0:13:47.400
<v Speaker 2>safety a bit. The projects in the early nineteen eighties

0:13:47.440 --> 0:13:50.240
<v Speaker 2>were quite safe for people who lived there. It wasn't

0:13:50.360 --> 0:13:54.040
<v Speaker 2>until the introduction of crack cocaine in nineteen eighty five

0:13:54.080 --> 0:13:56.240
<v Speaker 2>to New York City that really made that the projects

0:13:56.240 --> 0:13:59.600
<v Speaker 2>what we think of today as this place of crime

0:13:59.679 --> 0:14:01.920
<v Speaker 2>and grit and so on. It pushed a lot of

0:14:01.920 --> 0:14:05.000
<v Speaker 2>the crime into the housing projects. So these four guys

0:14:05.240 --> 0:14:09.480
<v Speaker 2>live relatively, I don't want to say, not cloistered, but

0:14:09.679 --> 0:14:14.120
<v Speaker 2>they had family lives Daryl Caby, Barry Allen, Troy Knty,

0:14:14.200 --> 0:14:18.520
<v Speaker 2>and James Ramsur. Darryl Caby is the most interesting story,

0:14:18.600 --> 0:14:20.720
<v Speaker 2>or the most sort of heart wrenching story of all

0:14:20.760 --> 0:14:23.480
<v Speaker 2>the people. He grew up with his mother, Shirley. He

0:14:23.560 --> 0:14:26.520
<v Speaker 2>lived with her and a bunch of siblings in the house. Well,

0:14:26.720 --> 0:14:29.960
<v Speaker 2>his dad wasn't around because his dad was a taxi

0:14:30.040 --> 0:14:33.520
<v Speaker 2>driver who'd gotten run over by his own cab because

0:14:33.520 --> 0:14:36.720
<v Speaker 2>he was fighting off a carjacker, which might be the

0:14:36.760 --> 0:14:41.560
<v Speaker 2>most single nineteen eighties Claremont Village, Bronx, New York story

0:14:41.600 --> 0:14:45.960
<v Speaker 2>of all the others. They'd known each other, they'd engaged

0:14:46.040 --> 0:14:50.040
<v Speaker 2>in some crimes together, but really they were young men

0:14:50.240 --> 0:14:53.200
<v Speaker 2>in and around the projects, so they'd interacted together and

0:14:53.200 --> 0:14:57.040
<v Speaker 2>committed some crimes together. The big one that they where

0:14:57.040 --> 0:15:01.120
<v Speaker 2>they knew each other from was a common crime from

0:15:01.240 --> 0:15:04.080
<v Speaker 2>young men of that time, and it was breaking open

0:15:04.200 --> 0:15:09.240
<v Speaker 2>video game machines downtown. So fun bit of history. Right

0:15:09.320 --> 0:15:13.560
<v Speaker 2>around nineteen eighty or so, the video game Space Invaders

0:15:14.200 --> 0:15:17.640
<v Speaker 2>is invented, is it comes out and creates a boom

0:15:18.160 --> 0:15:22.440
<v Speaker 2>in video arcades across the United States. Well, because there

0:15:22.480 --> 0:15:25.320
<v Speaker 2>was all this this new concept of video game machines

0:15:25.480 --> 0:15:28.360
<v Speaker 2>became really widespread in businesses like bars and bodegas that

0:15:28.400 --> 0:15:30.880
<v Speaker 2>took a lot of cash. Well, the problem is that

0:15:31.080 --> 0:15:32.640
<v Speaker 2>a video game machine, if you ever looked at one,

0:15:32.720 --> 0:15:34.680
<v Speaker 2>was a giant piggy bank. It can hold hundreds, if

0:15:34.720 --> 0:15:36.360
<v Speaker 2>not thousands, of dollars at a time. Well, the guys were

0:15:36.360 --> 0:15:39.320
<v Speaker 2>going downtown to break open video game machines. It was

0:15:39.360 --> 0:15:42.400
<v Speaker 2>a common crime. It just is what everybody did. You

0:15:42.480 --> 0:15:44.560
<v Speaker 2>just get a screwdriver. Pop it open. One guy pretends

0:15:44.600 --> 0:15:47.680
<v Speaker 2>to play the game while other guys pop it open.

0:15:47.800 --> 0:15:49.480
<v Speaker 2>You just grab the quarters and run away. Well, they

0:15:49.480 --> 0:15:51.960
<v Speaker 2>were on the subway. They had a couple screwdrivers on them.

0:15:52.000 --> 0:15:55.680
<v Speaker 2>Pay attention there. And we're on the subway heading downtown

0:15:55.800 --> 0:15:59.480
<v Speaker 2>to Pace University in Lower Manhattan to break video game machines.

0:15:59.520 --> 0:16:03.840
<v Speaker 2>And they get on this train around midday. They're goofing around.

0:16:04.000 --> 0:16:06.840
<v Speaker 2>They're causing noise, they're doing pull ups on the bars,

0:16:06.840 --> 0:16:10.520
<v Speaker 2>they're shadow boxing, and they're also going around to different

0:16:10.520 --> 0:16:12.920
<v Speaker 2>people on the train asking for cigarettes and matches and

0:16:12.960 --> 0:16:17.160
<v Speaker 2>causing certainly a disturbance. Now some of the people think, eh,

0:16:17.240 --> 0:16:19.320
<v Speaker 2>I don't I'm not crazy about how these guys are behaving.

0:16:19.960 --> 0:16:22.320
<v Speaker 2>But and maybe even some even got up to move.

0:16:22.800 --> 0:16:26.040
<v Speaker 2>But no one was directly threatened by them or injured

0:16:26.080 --> 0:16:26.400
<v Speaker 2>by them.

0:16:26.760 --> 0:16:29.840
<v Speaker 1>So these guys are sort of troublemakers. No violence in

0:16:29.880 --> 0:16:31.200
<v Speaker 1>their history that you know of.

0:16:31.360 --> 0:16:33.960
<v Speaker 2>Oh, it's definitely violence in their history. No violence on

0:16:34.000 --> 0:16:36.000
<v Speaker 2>this train, like they certainly two of them, and I

0:16:36.080 --> 0:16:38.440
<v Speaker 2>want to say Ramser and one other I want to

0:16:38.480 --> 0:16:41.720
<v Speaker 2>say Canty or KB had gotten They knew each other

0:16:41.760 --> 0:16:44.400
<v Speaker 2>through a fist fight, through their buddies, like one of

0:16:44.440 --> 0:16:46.880
<v Speaker 2>them had gotten like I think, and forgive me it's

0:16:46.920 --> 0:16:50.600
<v Speaker 2>I think it was Kanty's brother fights Ramser's friend fights Ramster,

0:16:50.600 --> 0:16:52.480
<v Speaker 2>and they knew each other, so they're not tight. But

0:16:52.560 --> 0:16:55.040
<v Speaker 2>they all had and let's be clear, they had copious

0:16:55.440 --> 0:17:00.600
<v Speaker 2>criminal histories. Rams gets really bad in the future, however,

0:17:00.960 --> 0:17:03.520
<v Speaker 2>it's a lot of the thefts and the robberies, and

0:17:03.560 --> 0:17:08.040
<v Speaker 2>stealing from Macy's and stealing from kids, stealing from charities,

0:17:08.119 --> 0:17:10.239
<v Speaker 2>a lot of stealing. It's a lot of stealing. And

0:17:10.640 --> 0:17:14.880
<v Speaker 2>all four had at some point in varying degrees, had

0:17:14.960 --> 0:17:20.000
<v Speaker 2>issues with cocaine. Crack, as I've mentioned, doesn't really hit

0:17:20.040 --> 0:17:22.399
<v Speaker 2>the projects in New York until nineteen eighty five, but

0:17:22.760 --> 0:17:25.240
<v Speaker 2>one of them had starts smoking marijuana at age thirteen

0:17:25.359 --> 0:17:28.280
<v Speaker 2>and then tries cocaine certainly through his teen years. So

0:17:28.280 --> 0:17:33.080
<v Speaker 2>they all are reflective as much of society's failures as

0:17:33.160 --> 0:17:37.159
<v Speaker 2>their own and their tragic stories, no matter how you

0:17:37.160 --> 0:17:39.480
<v Speaker 2>look at it. But to be clear, they all had

0:17:39.520 --> 0:17:42.280
<v Speaker 2>criminal records, and a couple of them were pending on

0:17:42.400 --> 0:17:44.359
<v Speaker 2>warrants at the time they were on the train.

0:17:47.800 --> 0:17:50.480
<v Speaker 1>So on this train, what burrow are we in? And

0:17:50.520 --> 0:17:53.399
<v Speaker 1>how many people are we talking about in this one carriage.

0:17:53.440 --> 0:17:55.280
<v Speaker 2>They start in the Bronx and it's a train that

0:17:55.359 --> 0:17:58.120
<v Speaker 2>starts up if folks know the geography of New York City,

0:17:58.119 --> 0:18:01.320
<v Speaker 2>it starts in the Bronx, head south through Manhattan, then

0:18:01.440 --> 0:18:04.000
<v Speaker 2>makes the left turn into Brooklyn and goes deep into

0:18:04.000 --> 0:18:07.320
<v Speaker 2>Brooklyn on the train car. By the time the incident

0:18:07.400 --> 0:18:11.920
<v Speaker 2>goes down, there's about two dozen a dozen to two

0:18:11.960 --> 0:18:14.639
<v Speaker 2>dozen people fifteen twenty and no one ever had a

0:18:14.680 --> 0:18:17.520
<v Speaker 2>clear count. But it's not an empty car, but it's

0:18:17.560 --> 0:18:18.840
<v Speaker 2>not a packed one, okay.

0:18:19.080 --> 0:18:21.720
<v Speaker 1>And you know this is people standing and sitting and

0:18:21.760 --> 0:18:24.080
<v Speaker 1>all of that. And these guys, these four guys are

0:18:24.119 --> 0:18:27.199
<v Speaker 1>just sort of as a group, just not harassing necessarily,

0:18:27.240 --> 0:18:29.880
<v Speaker 1>but just causing an uproar. And I'm certainly making people

0:18:29.880 --> 0:18:31.440
<v Speaker 1>feel uncomfortable.

0:18:31.040 --> 0:18:33.640
<v Speaker 2>Certainly making people feel uncomfortable. And that is the important

0:18:33.880 --> 0:18:36.640
<v Speaker 2>takeaway before we get to burn ourd gets who gets

0:18:36.640 --> 0:18:38.720
<v Speaker 2>on the train a little bit later in the West

0:18:38.800 --> 0:18:43.119
<v Speaker 2>Village in southern Manhattan, people were uncomfortable. Now a few

0:18:43.200 --> 0:18:45.359
<v Speaker 2>of the band and I spoke to one of the

0:18:45.400 --> 0:18:48.440
<v Speaker 2>passengers still alive, and he said, look, I've ridden the

0:18:48.480 --> 0:18:51.520
<v Speaker 2>subway a lot before, I've seen these kinds of guys around.

0:18:52.240 --> 0:18:54.800
<v Speaker 2>I'm not crazy about their behavior, but this is just

0:18:54.880 --> 0:18:56.960
<v Speaker 2>part of a cost of life in a big city.

0:18:57.000 --> 0:18:58.720
<v Speaker 2>You're going to find young guys who are goofing off

0:18:58.720 --> 0:19:03.120
<v Speaker 2>on a train, maybe even threatening people. But everyone's in agreement.

0:19:03.240 --> 0:19:06.160
<v Speaker 2>They did not harm anyone on the train. They were

0:19:06.240 --> 0:19:09.720
<v Speaker 2>certainly causing a, let's say, a nuisance, but didn't pull

0:19:09.760 --> 0:19:11.639
<v Speaker 2>one of the screwdrivers out or try to fight with

0:19:11.640 --> 0:19:12.840
<v Speaker 2>anybody or anything like that.

0:19:12.840 --> 0:19:14.440
<v Speaker 1>That's what I was going to ask, because you hinted

0:19:14.480 --> 0:19:17.199
<v Speaker 1>at the screwdrivers, so they're not pulling these out in

0:19:17.240 --> 0:19:20.119
<v Speaker 1>any way at least. Okay, no, no, So we have

0:19:20.240 --> 0:19:22.760
<v Speaker 1>then Bernard Getz getting on the train. You said in

0:19:22.800 --> 0:19:25.960
<v Speaker 1>the west village. Tell me about his background. How old

0:19:26.000 --> 0:19:28.320
<v Speaker 1>he is, you know all of that stuff. Electrical engineer,

0:19:28.359 --> 0:19:28.800
<v Speaker 1>is that right?

0:19:29.080 --> 0:19:31.960
<v Speaker 2>Electrical engineer and a very very bright one. He'd gone

0:19:31.960 --> 0:19:36.760
<v Speaker 2>to NYU, so he'd grown up relatively privileged in Westchester County,

0:19:36.800 --> 0:19:39.960
<v Speaker 2>starts in Queens, grows up in Westchester County, New York,

0:19:40.000 --> 0:19:42.280
<v Speaker 2>which is just north of the city, just above Bronx,

0:19:42.720 --> 0:19:46.159
<v Speaker 2>and privileged. His dad was, i want to say, in

0:19:46.400 --> 0:19:48.600
<v Speaker 2>the same line of work in engineering, and so on.

0:19:49.119 --> 0:19:52.320
<v Speaker 2>I think the galvanizing There were a few galvanizing moments

0:19:52.320 --> 0:19:54.320
<v Speaker 2>in Bernard Gets his life, and I think all identify

0:19:54.359 --> 0:19:59.480
<v Speaker 2>two of them. One is when he is a early

0:19:59.600 --> 0:20:05.040
<v Speaker 2>teenage his father gets arrested and accused for sexually assaulting

0:20:05.640 --> 0:20:08.439
<v Speaker 2>a few teenagers. These two boys who are regarded as

0:20:08.480 --> 0:20:12.760
<v Speaker 2>troublemakers in town. Now, the Gets family regarded it as

0:20:12.920 --> 0:20:17.280
<v Speaker 2>singling out their wealthy father and politically connected father, that

0:20:17.280 --> 0:20:23.240
<v Speaker 2>that opponents of Dad had really turned on Dad and

0:20:23.480 --> 0:20:27.480
<v Speaker 2>wanted to embarrass him. So he ultimately sends up spending

0:20:27.480 --> 0:20:31.199
<v Speaker 2>some time in jail over this result. Now, this is

0:20:31.240 --> 0:20:34.479
<v Speaker 2>one of the moments that begins Bernard Gets his total

0:20:34.680 --> 0:20:39.440
<v Speaker 2>lack of disillusionment with the criminal justice system. He regards

0:20:40.000 --> 0:20:42.600
<v Speaker 2>throughout life, including my interview with him, he regards criminal

0:20:42.680 --> 0:20:46.120
<v Speaker 2>justice system as not focused on keeping people safe, being

0:20:46.240 --> 0:20:51.120
<v Speaker 2>rife with bias, and ultimately a place where criminals get

0:20:51.119 --> 0:20:55.040
<v Speaker 2>coddled and game the system out. And it turned him off.

0:20:55.200 --> 0:20:58.960
<v Speaker 2>So that big moment happens. Number one. Number two, he's

0:20:59.000 --> 0:21:02.679
<v Speaker 2>actually mugged nineteen eighty one. He's carrying a bunch of

0:21:02.680 --> 0:21:05.920
<v Speaker 2>engineering equipment on the subway. Once again, rough stuff in

0:21:05.960 --> 0:21:07.520
<v Speaker 2>the early nineteen eighties, but he's carrying a bunch of

0:21:07.600 --> 0:21:11.199
<v Speaker 2>electrical equipment. Three young black dudes jumped him for his

0:21:11.359 --> 0:21:14.920
<v Speaker 2>sheepskin jacket. They jump him, start pounding on him. Two

0:21:14.960 --> 0:21:17.240
<v Speaker 2>of them get away. The cops grab one of them,

0:21:17.720 --> 0:21:22.080
<v Speaker 2>and gets completely disillusioned with the system there too, saying

0:21:22.080 --> 0:21:25.920
<v Speaker 2>that why are the cops so focused on protecting this guy?

0:21:26.000 --> 0:21:27.919
<v Speaker 2>Why did they only question him for two hours and

0:21:28.000 --> 0:21:30.880
<v Speaker 2>me for six hours? All they care about is this guy.

0:21:31.560 --> 0:21:33.399
<v Speaker 2>I'm the one who's the victim here. Why is this

0:21:33.440 --> 0:21:36.040
<v Speaker 2>guy not going to jail? The kid just gets charged

0:21:36.080 --> 0:21:40.440
<v Speaker 2>with criminal mischief I believe, not assault or anything over

0:21:40.480 --> 0:21:43.760
<v Speaker 2>the fight that they get into. So for all these reasons,

0:21:43.760 --> 0:21:47.560
<v Speaker 2>at a certain point, Bernie gets starts carrying firearms, and

0:21:48.200 --> 0:21:53.160
<v Speaker 2>he vowed after that assault at Mugging to never get

0:21:53.240 --> 0:21:55.600
<v Speaker 2>victimized again. He was going to start carrying firearms, and

0:21:55.600 --> 0:21:58.199
<v Speaker 2>so over the course of a pretty long period, he

0:21:58.280 --> 0:22:02.360
<v Speaker 2>starts amassing a bunch of different firearms, handguns, some legally,

0:22:02.720 --> 0:22:04.720
<v Speaker 2>many of them, not selling them and giving them to

0:22:04.760 --> 0:22:07.679
<v Speaker 2>other people. He buys one on the day of his

0:22:07.720 --> 0:22:10.439
<v Speaker 2>father's funeral when he's down in Florida. So he's just

0:22:10.480 --> 0:22:14.000
<v Speaker 2>a big gun owner and starts carrying one with him

0:22:14.040 --> 0:22:17.760
<v Speaker 2>wherever he goes, has a quick draw holster, has his

0:22:17.960 --> 0:22:20.680
<v Speaker 2>belt buckled to the side so that he can get

0:22:20.680 --> 0:22:23.240
<v Speaker 2>to his gun quickly. He doesn't wear gloves in public anymore,

0:22:23.320 --> 0:22:26.439
<v Speaker 2>and he's just ready in case trouble comes along.

0:22:26.640 --> 0:22:29.480
<v Speaker 1>What are the concealed weapon laws like in New York

0:22:29.680 --> 0:22:30.560
<v Speaker 1>in this time period?

0:22:30.800 --> 0:22:34.600
<v Speaker 2>New York as now certainly had very restrictive gun rules,

0:22:34.640 --> 0:22:37.880
<v Speaker 2>and there were people who could get concealed carry permits.

0:22:37.960 --> 0:22:43.400
<v Speaker 2>Eleanor Roosevelt fun Fact was a big handgun carrier and possessor,

0:22:43.440 --> 0:22:46.879
<v Speaker 2>but not in order to get a license to carry

0:22:46.880 --> 0:22:49.080
<v Speaker 2>a firearm in New York, you really had to have

0:22:49.200 --> 0:22:52.840
<v Speaker 2>some demonstrated need for it. Now, rich people can make

0:22:52.840 --> 0:22:55.800
<v Speaker 2>a demonstrat need for anything, but you needed to have

0:22:55.840 --> 0:23:00.200
<v Speaker 2>some demonstrated need. And simply I walk around a lot

0:23:00.280 --> 0:23:03.720
<v Speaker 2>with expensive electrical equipment is not and was not seen

0:23:03.760 --> 0:23:06.480
<v Speaker 2>as a sufficient need, and so they would just deny

0:23:06.520 --> 0:23:08.919
<v Speaker 2>them mostly. And part of what turns gets off is

0:23:08.920 --> 0:23:13.199
<v Speaker 2>he applies for a license and they deny it on

0:23:13.240 --> 0:23:15.640
<v Speaker 2>that basis you don't have a specialized need for it.

0:23:15.760 --> 0:23:17.480
<v Speaker 1>So he's doing this illegal? Is that right?

0:23:17.560 --> 0:23:20.360
<v Speaker 2>Oh? Yeah? I mean he had I don't know offhand

0:23:20.600 --> 0:23:24.040
<v Speaker 2>if any of his guns were procured lawfully, but he

0:23:24.119 --> 0:23:27.679
<v Speaker 2>certainly had a lot of illegal firearms, handguns, not long guns.

0:23:27.840 --> 0:23:29.960
<v Speaker 1>So I think I have a handle on the four

0:23:30.040 --> 0:23:32.480
<v Speaker 1>guys who ended up being the victims. But tell me

0:23:32.520 --> 0:23:36.520
<v Speaker 1>about gets his personality and you know, his current family

0:23:36.560 --> 0:23:38.760
<v Speaker 1>life when all of this stuff happens. Is he still

0:23:38.800 --> 0:23:41.080
<v Speaker 1>wealthy from his dad's side.

0:23:41.280 --> 0:23:43.880
<v Speaker 2>It's hard to say. I don't know if he's wealthy

0:23:44.480 --> 0:23:47.920
<v Speaker 2>at the time, but he's certainly comfortable doing electrical engineering

0:23:47.960 --> 0:23:53.159
<v Speaker 2>work around the city. Now. Everybody throughout time has commented

0:23:53.200 --> 0:23:59.359
<v Speaker 2>on Bernard Getz's timidity and nerdiness, his paralegal eventual paralegal.

0:23:59.720 --> 0:24:02.560
<v Speaker 2>When Day said he's a nerdy pocket protector kind of guy,

0:24:02.720 --> 0:24:04.080
<v Speaker 2>for Batim is what she called him.

0:24:04.200 --> 0:24:06.640
<v Speaker 1>I haven't heard pocket protector in a very long time,

0:24:06.720 --> 0:24:08.560
<v Speaker 1>so that's that's a phrase out of the past.

0:24:08.640 --> 0:24:13.159
<v Speaker 2>I know, right, bespectacled, thin, blonde guy wearing glasses. He

0:24:13.240 --> 0:24:15.520
<v Speaker 2>sort of walks with a hunch, he sort of stooped

0:24:15.560 --> 0:24:19.960
<v Speaker 2>over his skinny, he's tall. But the thing that riled

0:24:20.040 --> 0:24:24.159
<v Speaker 2>him up was public safety. It was throughout his time

0:24:24.520 --> 0:24:28.560
<v Speaker 2>he just felt that the city wasn't doing enough to

0:24:28.760 --> 0:24:34.359
<v Speaker 2>keep people safe. He just felt that it's fat cats

0:24:34.400 --> 0:24:37.080
<v Speaker 2>in New York, up in Gracie mansion or whatever that

0:24:37.200 --> 0:24:41.399
<v Speaker 2>don't care about public safety. And he would constantly be

0:24:41.920 --> 0:24:47.080
<v Speaker 2>peppering his neighbors and the doorman and everybody with petitions

0:24:47.119 --> 0:24:50.600
<v Speaker 2>and and why can't we get the streets cleaned up?

0:24:50.600 --> 0:24:53.880
<v Speaker 2>In all of the above, and it was really a thing.

0:24:54.080 --> 0:24:56.320
<v Speaker 2>So that's one, just public safety was the thing that

0:24:56.400 --> 0:24:58.320
<v Speaker 2>riled him up more than anything else. In two, he's

0:24:58.320 --> 0:25:00.439
<v Speaker 2>just all over the place. People regard to him as

0:25:00.440 --> 0:25:02.399
<v Speaker 2>I didn't know if this guy was as sicky or not,

0:25:02.600 --> 0:25:04.080
<v Speaker 2>which is what one of the people said about him.

0:25:04.080 --> 0:25:07.640
<v Speaker 2>He was just hyperkinetic and hands clenched and darting from

0:25:07.640 --> 0:25:09.840
<v Speaker 2>different topics. And someone would say hello to you one

0:25:09.880 --> 0:25:12.320
<v Speaker 2>day and be warm to you and your kids, and

0:25:12.359 --> 0:25:14.680
<v Speaker 2>then make eye contact with you several hours later and

0:25:14.760 --> 0:25:17.720
<v Speaker 2>not not even say hello. Just odd. And they every

0:25:17.760 --> 0:25:22.440
<v Speaker 2>single person throughout time seems to comment on his oddness

0:25:22.920 --> 0:25:25.480
<v Speaker 2>as a human. He had been married briefly for about

0:25:25.480 --> 0:25:29.040
<v Speaker 2>five years back in the early nineteen seventies. Nineteen seventy one.

0:25:29.080 --> 0:25:31.320
<v Speaker 2>He gets married but doesn't have kids and at the

0:25:31.320 --> 0:25:32.000
<v Speaker 2>time was single.

0:25:32.160 --> 0:25:35.120
<v Speaker 1>Okay, he steps on the train this afternoon. How long

0:25:35.320 --> 0:25:37.199
<v Speaker 1>do we know that the guys have been on the

0:25:37.240 --> 0:25:41.280
<v Speaker 1>train kind of being hooligans before they encounter Bernard gets.

0:25:41.280 --> 0:25:43.720
<v Speaker 2>Yeah, so it's about thirty minutes from where they get

0:25:43.760 --> 0:25:48.000
<v Speaker 2>on in the South Bronx to the West Village fourteenth

0:25:48.040 --> 0:25:51.479
<v Speaker 2>Street where gets gets on. So it's about thirty minutes

0:25:52.000 --> 0:25:55.439
<v Speaker 2>and they're gooping around on the train. In the seventh

0:25:55.480 --> 0:25:58.560
<v Speaker 2>car of the train, doors open up. Bernard gets walks in.

0:25:59.000 --> 0:26:01.320
<v Speaker 1>Oh, okay, what line is this just out of cre

0:26:01.400 --> 0:26:02.480
<v Speaker 1>is it a I can't remember.

0:26:02.760 --> 0:26:05.399
<v Speaker 2>It's the two. It's a downtown two Express. Yeah, so

0:26:05.440 --> 0:26:08.480
<v Speaker 2>the so the stops would be right there, So it

0:26:08.480 --> 0:26:11.640
<v Speaker 2>would be thirty fourth Street, which is Harold Square which

0:26:11.640 --> 0:26:15.320
<v Speaker 2>where Macy's is and Penn Station and Madison Square Garden.

0:26:15.720 --> 0:26:18.400
<v Speaker 2>Then fourteenth Street, which is the West Village basically NYU

0:26:18.920 --> 0:26:20.399
<v Speaker 2>where that's where gets gets on.

0:26:20.560 --> 0:26:23.520
<v Speaker 1>Okay, so he gets on what a witnesses say, because

0:26:23.600 --> 0:26:26.080
<v Speaker 1>you have I think what a couple doesen' Is that

0:26:26.080 --> 0:26:27.040
<v Speaker 1>what you said, witnesses?

0:26:27.800 --> 0:26:30.440
<v Speaker 2>I mean that that's probably that's probably a liberal estimate,

0:26:30.520 --> 0:26:34.760
<v Speaker 2>probably about twenty Okay, Yeah, so they again they're commenting

0:26:34.760 --> 0:26:37.119
<v Speaker 2>on the guys No one really notices Bernard gets get on.

0:26:37.280 --> 0:26:41.399
<v Speaker 2>He just immediately gets on and sits down. In fact,

0:26:41.440 --> 0:26:44.200
<v Speaker 2>some witnesses weren't sure if he got on at fourteenth

0:26:44.200 --> 0:26:46.359
<v Speaker 2>Street or a few stops before at ninety sixth Street.

0:26:46.560 --> 0:26:48.960
<v Speaker 2>They just weren't sure. But he gets on and sits down,

0:26:49.480 --> 0:26:53.360
<v Speaker 2>and immediately Troy Canty, one of the four young men,

0:26:53.520 --> 0:26:54.320
<v Speaker 2>approached him.

0:26:54.960 --> 0:26:59.600
<v Speaker 1>So what do you think made Bernard gets somebody that

0:26:59.800 --> 0:27:03.159
<v Speaker 1>this guy thought would be approachable or were they just

0:27:03.200 --> 0:27:04.240
<v Speaker 1>approaching everybody?

0:27:04.520 --> 0:27:08.080
<v Speaker 2>That's the million dollar question of many million dollar questions,

0:27:08.200 --> 0:27:11.160
<v Speaker 2>Kate about this entire case. What was it about Bernard

0:27:11.160 --> 0:27:13.600
<v Speaker 2>gets Now again, I said, he's meek, he's timid, he's frail,

0:27:13.640 --> 0:27:15.800
<v Speaker 2>he's a white guy, he's feeble. Maybe that's it right

0:27:16.000 --> 0:27:19.320
<v Speaker 2>the Canty and the testimony later comes out, Oh, he

0:27:19.400 --> 0:27:21.320
<v Speaker 2>was just there. He was just the guy who was there,

0:27:21.680 --> 0:27:23.880
<v Speaker 2>and he walked on. We were up there. He enters

0:27:23.880 --> 0:27:25.800
<v Speaker 2>at the north side of the train where the guys

0:27:25.800 --> 0:27:28.119
<v Speaker 2>are hanging out, and that's why Canty approached him. That

0:27:28.240 --> 0:27:32.320
<v Speaker 2>at least that's his theory. Now it doesn't strain common sense. Say, look,

0:27:32.320 --> 0:27:34.080
<v Speaker 2>this guy looks pretty feeble. Let's go up to the

0:27:34.080 --> 0:27:35.600
<v Speaker 2>feeble guy and see if we can mess with him

0:27:35.600 --> 0:27:38.199
<v Speaker 2>a little bit. But it's just not clear what it

0:27:38.240 --> 0:27:42.200
<v Speaker 2>was about Bernard gets Now. To be clear, they'd approached

0:27:42.200 --> 0:27:45.240
<v Speaker 2>a lot of people on the train. They had encounters

0:27:45.280 --> 0:27:47.679
<v Speaker 2>that were probably not that different from the encounter they

0:27:47.720 --> 0:27:50.600
<v Speaker 2>had with Bernard Gets, which was walk up to them

0:27:50.720 --> 0:27:51.719
<v Speaker 2>and ask him for money.

0:27:51.800 --> 0:27:54.440
<v Speaker 1>So they just said, hey, buddy, can I have five bucks?

0:27:54.480 --> 0:27:56.919
<v Speaker 1>Give me five bucks? How does the convo go after that?

0:27:57.000 --> 0:27:57.760
<v Speaker 1>I mean, what does he do?

0:27:58.040 --> 0:28:00.000
<v Speaker 2>Well, there's not much convo after that because the guy

0:28:00.160 --> 0:28:03.879
<v Speaker 2>comes out. But even the second thing, this is the

0:28:03.920 --> 0:28:07.240
<v Speaker 2>second great mystery, what does Troy Kanty say to Bernard

0:28:07.280 --> 0:28:09.879
<v Speaker 2>gets Now? And you really touch on this well, k

0:28:10.000 --> 0:28:12.960
<v Speaker 2>because it remains a mystery forty one years later, which

0:28:13.040 --> 0:28:17.119
<v Speaker 2>is does he say give me five dollars? Or hey, mister,

0:28:17.359 --> 0:28:21.080
<v Speaker 2>can I have five dollars? One of them is a demand,

0:28:21.880 --> 0:28:24.399
<v Speaker 2>one of them is a request for money. One of

0:28:24.440 --> 0:28:28.360
<v Speaker 2>them's panhandling. And the guys all say that Kanty was panhandling.

0:28:28.359 --> 0:28:30.280
<v Speaker 2>They was just asking for money. Is that's money? Because

0:28:30.440 --> 0:28:33.520
<v Speaker 2>quite frankly, they're going downtown to play video games before

0:28:33.600 --> 0:28:35.800
<v Speaker 2>breaking the machines open. They needed some money and so

0:28:35.840 --> 0:28:40.320
<v Speaker 2>they just wanted some cash. Bernard Gets remains adamant that

0:28:40.400 --> 0:28:46.080
<v Speaker 2>those guys were specifically coming to rob him, to mug him,

0:28:46.600 --> 0:28:50.440
<v Speaker 2>and because of that fear, he felt empowered to act.

0:28:50.640 --> 0:28:53.120
<v Speaker 1>What about witnesses, somebody standing right there or sitting right

0:28:53.120 --> 0:28:53.960
<v Speaker 1>next to him, right.

0:28:54.160 --> 0:28:58.640
<v Speaker 2>No one really really knew exactly what had gone down.

0:28:59.040 --> 0:29:02.600
<v Speaker 2>One woman said, hey, look at that. She testifies this

0:29:02.640 --> 0:29:04.520
<v Speaker 2>later because she leans over to her husband, this is

0:29:04.520 --> 0:29:06.800
<v Speaker 2>the guy I interviewed. Hey, look at those four punks

0:29:06.840 --> 0:29:10.200
<v Speaker 2>bothering that man. Or look at those four punks bothering

0:29:10.240 --> 0:29:12.160
<v Speaker 2>that white man, one of those two things. That wasn't

0:29:12.160 --> 0:29:14.840
<v Speaker 2>clear whether she said that the memories and testimony conflicted,

0:29:14.960 --> 0:29:17.400
<v Speaker 2>but hey, look at those four punks bothering that man.

0:29:17.480 --> 0:29:19.640
<v Speaker 2>So at least one witness thought, wait a second, they're

0:29:19.680 --> 0:29:22.440
<v Speaker 2>sort of acting up around him, maybe they're attacking him.

0:29:22.920 --> 0:29:27.720
<v Speaker 2>But no one else, I believe, really saw the initial exchange,

0:29:27.840 --> 0:29:29.600
<v Speaker 2>or at least was so struck by it to think,

0:29:29.640 --> 0:29:32.280
<v Speaker 2>wait a second, what's happening up there at the north

0:29:32.360 --> 0:29:32.960
<v Speaker 2>end of the car.

0:29:33.080 --> 0:29:35.520
<v Speaker 1>But nobody Also, I know everybody's trying to mind their

0:29:35.520 --> 0:29:38.840
<v Speaker 1>own business as what I but nobody is picking up

0:29:38.880 --> 0:29:42.560
<v Speaker 1>on a feeling like Bernard Guests is being threatened. I mean,

0:29:42.600 --> 0:29:44.360
<v Speaker 1>you would just kind of get a vibe from I

0:29:44.400 --> 0:29:46.600
<v Speaker 1>think if these kids were really going to do that.

0:29:47.440 --> 0:29:50.400
<v Speaker 2>I think that's an excellent question, Kate. It's sort of

0:29:50.560 --> 0:29:53.200
<v Speaker 2>what's the vibe and are people really picking up that

0:29:53.280 --> 0:29:56.040
<v Speaker 2>something bad is about to go down? Part of what

0:29:56.120 --> 0:29:58.640
<v Speaker 2>undermines that point or that question is it just happened

0:29:58.640 --> 0:30:01.360
<v Speaker 2>so quickly. It's from the moment. From the moment Gets

0:30:01.400 --> 0:30:03.440
<v Speaker 2>walks in and sets down, it's probably a matter of

0:30:03.560 --> 0:30:06.080
<v Speaker 2>seconds before Kanty approaches him, and then the whole thing

0:30:06.200 --> 0:30:08.240
<v Speaker 2>just spiraled out of control very quickly.

0:30:08.320 --> 0:30:10.400
<v Speaker 1>So Gets doesn't even respond. He just pulls out a

0:30:10.400 --> 0:30:11.280
<v Speaker 1>gun and start shooting.

0:30:11.360 --> 0:30:13.920
<v Speaker 2>So he looks down. He thinks it's rude to make

0:30:13.960 --> 0:30:18.040
<v Speaker 2>eye contact and just just doesn't really respond. But he

0:30:18.080 --> 0:30:20.040
<v Speaker 2>felt that the mugging was going on, so he stood up,

0:30:20.200 --> 0:30:23.160
<v Speaker 2>reached into his jacket and knew he had his gun there.

0:30:23.480 --> 0:30:26.800
<v Speaker 1>What are people saying about the days before this? I mean,

0:30:26.880 --> 0:30:30.080
<v Speaker 1>is there any change in him? Was there an inciting incident?

0:30:30.080 --> 0:30:31.680
<v Speaker 1>There's nothing. He's just kind of the.

0:30:31.640 --> 0:30:36.440
<v Speaker 2>Weird guy, weird gadfly about New York who's really mad

0:30:36.520 --> 0:30:39.240
<v Speaker 2>about the drunks. And the beggars on the stoopid his

0:30:39.280 --> 0:30:42.680
<v Speaker 2>building in the West Village, and nothing really was different,

0:30:42.880 --> 0:30:44.760
<v Speaker 2>and particularly nothing was different, and that it was just

0:30:44.760 --> 0:30:46.280
<v Speaker 2>another day. He was just going out of the house

0:30:46.320 --> 0:30:50.240
<v Speaker 2>with a gun. He in two occasions, at least two occasions,

0:30:50.280 --> 0:30:53.560
<v Speaker 2>had pulled a gun on people, folks that were yelling

0:30:53.640 --> 0:30:56.640
<v Speaker 2>at him or barking at him or threatening him. One

0:30:56.680 --> 0:30:59.440
<v Speaker 2>guy like he was walking and Harlem gets off got

0:30:59.440 --> 0:31:01.760
<v Speaker 2>off the wrong on the train and is walking and

0:31:01.800 --> 0:31:04.720
<v Speaker 2>the guy came up behind him, and Guts just pulled

0:31:04.760 --> 0:31:06.520
<v Speaker 2>out his gun held it up and the guy freaked out,

0:31:06.560 --> 0:31:09.680
<v Speaker 2>turned white and ran away. Another one, he's in the

0:31:09.680 --> 0:31:12.800
<v Speaker 2>West Village, same thing. He's on sixth Avenue and a

0:31:12.840 --> 0:31:15.560
<v Speaker 2>young guy comes up behind him, white kid or I

0:31:15.560 --> 0:31:16.960
<v Speaker 2>don't know how old he was, but I'm going to

0:31:17.000 --> 0:31:19.480
<v Speaker 2>get you, and when I do, I'm gonna u MF.

0:31:19.520 --> 0:31:20.800
<v Speaker 2>I'm going to do this, and then to do that.

0:31:21.120 --> 0:31:23.000
<v Speaker 2>And then the same thing gets pulls out his gun

0:31:23.400 --> 0:31:25.160
<v Speaker 2>and just pulls it out and sticks it at him,

0:31:25.560 --> 0:31:29.880
<v Speaker 2>and same thing, and Guts felt almost empowered and excited

0:31:29.960 --> 0:31:32.719
<v Speaker 2>when he saw the guy turn so scared and run

0:31:32.760 --> 0:31:34.960
<v Speaker 2>away like he knew he did. The one thing he

0:31:34.960 --> 0:31:37.280
<v Speaker 2>could do to sort of like clap back and frighten

0:31:37.320 --> 0:31:39.080
<v Speaker 2>this guy. And so those were the at least two

0:31:39.120 --> 0:31:41.840
<v Speaker 2>incidents that are documented of him having pulled a gun

0:31:41.880 --> 0:31:44.400
<v Speaker 2>out before, but he'd never really had any training. He

0:31:44.520 --> 0:31:47.160
<v Speaker 2>claimed that playing cowboys and Indians that as a kid

0:31:47.600 --> 0:31:50.600
<v Speaker 2>was what taught him how to use a gun, and

0:31:51.000 --> 0:31:55.120
<v Speaker 2>that's really his only meaningful training in the use of firearms.

0:31:55.160 --> 0:31:57.000
<v Speaker 1>It's a thirty eight, Is it right that he pulls

0:31:57.040 --> 0:31:57.520
<v Speaker 1>in It's.

0:31:57.360 --> 0:31:59.320
<v Speaker 2>A thirty eighth? Okay, thirty eight Smith and Wesson.

0:31:59.440 --> 0:32:03.240
<v Speaker 1>He pulls out eight and there are upwards of twenty

0:32:03.280 --> 0:32:07.200
<v Speaker 1>people around in this car, and what is tell me

0:32:07.320 --> 0:32:09.360
<v Speaker 1>just kind of lay out the scene, what ends up happening,

0:32:09.400 --> 0:32:10.840
<v Speaker 1>and who gets shot first.

0:32:11.160 --> 0:32:14.240
<v Speaker 2>Yeah, so he apparently Now again, a lot of these

0:32:14.240 --> 0:32:18.200
<v Speaker 2>things are in dispute in some way four decades later,

0:32:18.320 --> 0:32:22.240
<v Speaker 2>but generally, here's what we think happens. I'll give I'll

0:32:22.280 --> 0:32:24.280
<v Speaker 2>give all those five dollars to you, or I'll let

0:32:24.360 --> 0:32:27.000
<v Speaker 2>you have five dollars, pulls out his gun and immediately

0:32:27.040 --> 0:32:33.280
<v Speaker 2>shoots Canty in the chest, then turns and shoots both

0:32:33.400 --> 0:32:36.160
<v Speaker 2>Alan and Ram Surr, both of whom end up with

0:32:36.200 --> 0:32:39.600
<v Speaker 2>wounds in their back. Now it's an open question as

0:32:39.640 --> 0:32:43.720
<v Speaker 2>to are they running away, are they turning, are they flinching?

0:32:43.720 --> 0:32:46.680
<v Speaker 2>The train is lurching and going back and forth as

0:32:46.760 --> 0:32:48.080
<v Speaker 2>is going on, so no one really knows what really

0:32:48.080 --> 0:32:50.760
<v Speaker 2>happens here except somebody says that they were looks like

0:32:50.760 --> 0:32:52.920
<v Speaker 2>they were trying to get out climb through the walls

0:32:52.920 --> 0:32:55.520
<v Speaker 2>of the train, like they're in a slasher movie, and

0:32:55.560 --> 0:32:57.840
<v Speaker 2>so gets says I let them have it, and then

0:32:57.880 --> 0:33:00.520
<v Speaker 2>shoots them right, so boom, boom boom. Both end up

0:33:00.520 --> 0:33:03.640
<v Speaker 2>with wounds in their back or in their sides, suggesting

0:33:03.680 --> 0:33:07.160
<v Speaker 2>they're shot in the back. Then he goes to Darryl Kby,

0:33:07.320 --> 0:33:10.720
<v Speaker 2>sees him maybe slumped in a chair or slumped in

0:33:10.760 --> 0:33:15.280
<v Speaker 2>a bench at the end, and either shoots him and

0:33:15.320 --> 0:33:18.120
<v Speaker 2>then says, you don't look so bad. Here's another and

0:33:18.160 --> 0:33:22.200
<v Speaker 2>then shoots him again, or fires a shot and maybe

0:33:22.200 --> 0:33:24.640
<v Speaker 2>says you don't look so bad. Here's another and then

0:33:24.680 --> 0:33:28.840
<v Speaker 2>shoots him again. That's again, it's inconclusive what he actually

0:33:28.880 --> 0:33:32.160
<v Speaker 2>says to him, although he seems to have acknowledged that

0:33:32.200 --> 0:33:34.120
<v Speaker 2>he said that you know, look so bad. Here's another,

0:33:34.520 --> 0:33:37.000
<v Speaker 2>shoots KB ends up shooting him in the chest. It

0:33:37.120 --> 0:33:41.000
<v Speaker 2>severs his spine right there in the moment, and then

0:33:41.040 --> 0:33:44.600
<v Speaker 2>that's it. Somewhere one of the panels on the side

0:33:44.600 --> 0:33:46.680
<v Speaker 2>of the train ends up with a bullet hole in it.

0:33:46.960 --> 0:33:50.320
<v Speaker 2>People don't quite know. This is why the inconclusive nature

0:33:50.360 --> 0:33:52.160
<v Speaker 2>of what happens to Daryl Kby at the end there.

0:33:52.360 --> 0:33:54.920
<v Speaker 2>Does he just fire a shot off that missus? Does

0:33:54.920 --> 0:33:56.840
<v Speaker 2>he then go up to KB and shoot him? Does

0:33:56.880 --> 0:33:58.440
<v Speaker 2>he say he don't look so bad? I mean, it's

0:33:58.480 --> 0:34:01.320
<v Speaker 2>just it's just open and memory faded about that. But

0:34:01.680 --> 0:34:04.080
<v Speaker 2>the general thing is it is believed that he delivers

0:34:04.080 --> 0:34:07.600
<v Speaker 2>that line looking into Darryl KB and shoots him. Now

0:34:08.000 --> 0:34:09.640
<v Speaker 2>a point I left out a second ago, And there's

0:34:09.640 --> 0:34:12.920
<v Speaker 2>an important one when he shoots Troy Canty like bang

0:34:13.000 --> 0:34:15.440
<v Speaker 2>right away, real quick. The first guy that says it

0:34:15.440 --> 0:34:18.239
<v Speaker 2>to him, he says, he is about to take his

0:34:18.360 --> 0:34:21.840
<v Speaker 2>keys out and gouge Troy Canty's eyes out. He was

0:34:21.880 --> 0:34:24.000
<v Speaker 2>so filled with rage that that's what he wanted to do,

0:34:24.280 --> 0:34:29.279
<v Speaker 2>but he saw fear in his eyes and backed off

0:34:29.320 --> 0:34:32.680
<v Speaker 2>of it. And eyes it's really interesting, you know, just

0:34:32.719 --> 0:34:36.440
<v Speaker 2>thinking this through. Eyes were such a powerful motivator in

0:34:36.520 --> 0:34:40.880
<v Speaker 2>all of this, because also Gets claims that before he

0:34:40.920 --> 0:34:44.560
<v Speaker 2>shot him he saw a shine in his eyes and

0:34:44.600 --> 0:34:46.920
<v Speaker 2>a smile on his face and felt that he was

0:34:46.960 --> 0:34:49.680
<v Speaker 2>being played with, And because he's being played with like

0:34:49.719 --> 0:34:52.319
<v Speaker 2>a cat and mouse or whatever else, he needed to

0:34:52.360 --> 0:34:55.760
<v Speaker 2>take action. So he just was looking at these men's

0:34:55.800 --> 0:34:59.200
<v Speaker 2>eyes and sort of judging what he saw as motivating

0:34:59.239 --> 0:35:00.600
<v Speaker 2>his decision to do open fire.

0:35:00.960 --> 0:35:03.880
<v Speaker 1>I have a bunch of tiny, detailed questions. You said

0:35:03.880 --> 0:35:07.200
<v Speaker 1>that he gets on the train, he's quickly approached by

0:35:07.200 --> 0:35:11.000
<v Speaker 1>one of these guys, and his response is quick, so

0:35:11.040 --> 0:35:13.520
<v Speaker 1>you think this is all what's the estimation? As soon

0:35:13.520 --> 0:35:15.960
<v Speaker 1>as he steps on there just like thirty seconds.

0:35:15.680 --> 0:35:18.120
<v Speaker 2>For the many many listeners of this program in New

0:35:18.200 --> 0:35:20.839
<v Speaker 2>York City who are familiar with it, the train's going

0:35:20.960 --> 0:35:24.279
<v Speaker 2>from Fourteenth Street to Chambers Street, which is really only

0:35:24.360 --> 0:35:27.640
<v Speaker 2>one express stop. Train never makes it to Chambers Street.

0:35:28.200 --> 0:35:31.000
<v Speaker 2>It's a short short ride before the train gets stopped.

0:35:31.000 --> 0:35:34.480
<v Speaker 2>When the emergency brake gets pulled, it's within a minute,

0:35:34.880 --> 0:35:39.120
<v Speaker 2>and ultimately it's unclear whether the shots are fired off.

0:35:39.160 --> 0:35:41.640
<v Speaker 2>Bang bang bang bang bang or bang bang bang bang.

0:35:41.880 --> 0:35:45.160
<v Speaker 2>You don't look so bad. Here's another bang. Needless to say,

0:35:45.719 --> 0:35:51.200
<v Speaker 2>he empties the firearm within three seconds four seconds of

0:35:51.239 --> 0:35:55.200
<v Speaker 2>opening five ten seconds of the first time he opens fire,

0:35:55.360 --> 0:35:58.040
<v Speaker 2>and so it's an incredibly short amount of time.

0:35:58.280 --> 0:36:01.600
<v Speaker 1>How can he be clear when he sits down, Troy

0:36:01.640 --> 0:36:03.720
<v Speaker 1>comes over and says, you know, give me five dollars

0:36:03.880 --> 0:36:05.719
<v Speaker 1>or can I have five dollars? Whatever it is, and

0:36:05.760 --> 0:36:08.440
<v Speaker 1>he starts shooting. How can he be clear that the

0:36:08.480 --> 0:36:12.879
<v Speaker 1>other three men are working with or even know Troy?

0:36:12.920 --> 0:36:15.560
<v Speaker 1>If it happens? Is he just shooting black men who

0:36:15.560 --> 0:36:16.480
<v Speaker 1>were standing nearby?

0:36:16.800 --> 0:36:19.320
<v Speaker 2>So somehow folks figured out that these guys were together.

0:36:19.560 --> 0:36:22.280
<v Speaker 2>I guess they were who knows, but yeah, he shoots

0:36:22.320 --> 0:36:25.760
<v Speaker 2>those four. One of the other passengers on the train

0:36:26.200 --> 0:36:29.800
<v Speaker 2>wondered if is this a hate crime or a terrorist act?

0:36:30.120 --> 0:36:32.280
<v Speaker 2>And is this man just walking around shooting black people?

0:36:32.400 --> 0:36:35.200
<v Speaker 2>So he literally grabs his baby and his wife and

0:36:35.320 --> 0:36:37.560
<v Speaker 2>runs because he's thinking, oh my god, he's coming after

0:36:37.640 --> 0:36:40.560
<v Speaker 2>us next because that was the pandemonium that broke out

0:36:40.600 --> 0:36:43.160
<v Speaker 2>in the car, just not knowing what was going to

0:36:43.160 --> 0:36:43.719
<v Speaker 2>happen next.

0:36:43.800 --> 0:36:45.120
<v Speaker 1>Yeah, because I have to think they're not in a

0:36:45.120 --> 0:36:46.680
<v Speaker 1>semicircle surrounding him.

0:36:46.680 --> 0:36:47.560
<v Speaker 2>I mean, they're on a train.

0:36:47.640 --> 0:36:50.080
<v Speaker 1>He's sitting down, and I'm just thinking, I mean, how

0:36:50.120 --> 0:36:53.120
<v Speaker 1>does he even know who to shoot? At this point,

0:36:53.480 --> 0:36:55.760
<v Speaker 1>what about the not the main doors, but the doors

0:36:55.800 --> 0:36:58.880
<v Speaker 1>between the cars. Are those both unlocked and opened? Like,

0:36:58.920 --> 0:37:01.000
<v Speaker 1>can people flee through into other cars?

0:37:01.239 --> 0:37:04.360
<v Speaker 2>People can flee through into other cars, and some people

0:37:04.480 --> 0:37:09.040
<v Speaker 2>actually did. In fact, at least one person ran screaming

0:37:09.080 --> 0:37:11.800
<v Speaker 2>into the car the next car, which is the sixth

0:37:11.800 --> 0:37:13.400
<v Speaker 2>car of the train. I only mentioned that it's the

0:37:13.480 --> 0:37:17.200
<v Speaker 2>sixth because that's where the motorman sat, and at least

0:37:17.239 --> 0:37:21.000
<v Speaker 2>one of the passengers. A savvy train rider always sat

0:37:21.040 --> 0:37:23.640
<v Speaker 2>in the sixth or seventh car of the train, so

0:37:23.840 --> 0:37:26.560
<v Speaker 2>that if there were trouble on the train, at least

0:37:26.560 --> 0:37:29.720
<v Speaker 2>there'd be an official set of eyes watching over people

0:37:29.760 --> 0:37:33.399
<v Speaker 2>just expected crime or just badness or trouble. Gosh, yeah,

0:37:33.440 --> 0:37:36.200
<v Speaker 2>isn't that wild. It's a wild little detail. So, you know,

0:37:36.280 --> 0:37:38.600
<v Speaker 2>so at least one ran into the motorman's car screaming.

0:37:38.640 --> 0:37:41.879
<v Speaker 2>And then and after the train stops, the motorman runs

0:37:41.920 --> 0:37:44.520
<v Speaker 2>into the seventh car say hey, what's going on here?

0:37:44.880 --> 0:37:45.920
<v Speaker 2>You know? We hear gunshots?

0:37:46.160 --> 0:37:50.040
<v Speaker 1>So gets what he sits down as they approach Chamber Street.

0:37:50.320 --> 0:37:53.359
<v Speaker 2>Well, he's nervous and start sitting down and standing up

0:37:53.400 --> 0:37:55.400
<v Speaker 2>and sort of pacing around a little bit. He's silent,

0:37:55.880 --> 0:37:58.720
<v Speaker 2>and many passengers in the train are commenting on his poise,

0:37:58.840 --> 0:38:03.360
<v Speaker 2>his calm, his sense of balance. He wasn't freaking out,

0:38:03.480 --> 0:38:06.560
<v Speaker 2>but he seemed nervous at that point. The cars stopped

0:38:06.560 --> 0:38:08.440
<v Speaker 2>the emergency break and the train's not moving anywhere. The

0:38:08.480 --> 0:38:10.120
<v Speaker 2>motorman comes in and says, hey, wait a second, are

0:38:10.120 --> 0:38:13.160
<v Speaker 2>you a police officer? And Gets says no, And he

0:38:13.160 --> 0:38:16.279
<v Speaker 2>says give me the gun, and Gets says, I don't

0:38:16.280 --> 0:38:18.000
<v Speaker 2>want to misquote it or make him say a statement

0:38:18.000 --> 0:38:20.560
<v Speaker 2>that he didn't make, but those guys were those guys

0:38:20.560 --> 0:38:22.080
<v Speaker 2>were bothering me, and I shot them. I think that's

0:38:22.160 --> 0:38:24.680
<v Speaker 2>like it's in any for the lawyers in the room.

0:38:24.840 --> 0:38:27.600
<v Speaker 2>It's it's a confession. What he gives. You don't have

0:38:27.680 --> 0:38:30.680
<v Speaker 2>to like it or not. But he ultimately confesses right there.

0:38:30.719 --> 0:38:32.799
<v Speaker 2>He says, they were askling me, and I shot them.

0:38:33.040 --> 0:38:36.960
<v Speaker 2>So motorman asks for the gun, Gets, does not give

0:38:36.960 --> 0:38:39.800
<v Speaker 2>it to him, and doesn't respond and walks away. He then,

0:38:40.480 --> 0:38:44.719
<v Speaker 2>to your question, Kate goes through the doors between the

0:38:44.760 --> 0:38:48.200
<v Speaker 2>cars and jumps down onto the tracks and then runs away.

0:38:48.280 --> 0:38:51.080
<v Speaker 2>And so all those questions you had about where is

0:38:51.120 --> 0:38:53.640
<v Speaker 2>this between Chambers Street, it's relevant because he then gets

0:38:53.680 --> 0:38:56.120
<v Speaker 2>off the train and sprints to the Chambers Street stop,

0:38:56.800 --> 0:38:58.840
<v Speaker 2>climbs up, climbs up to the you know, to the

0:38:58.880 --> 0:39:02.600
<v Speaker 2>platform above, takes the steps up hits Sixth Avenue or

0:39:02.680 --> 0:39:06.319
<v Speaker 2>whatever broadway, and just starts running home. And as he's

0:39:06.400 --> 0:39:11.239
<v Speaker 2>running home, police cars are zipping by because word has

0:39:11.280 --> 0:39:13.480
<v Speaker 2>now gotten to the NYPD that wait a second, there

0:39:13.520 --> 0:39:17.440
<v Speaker 2>was a massive shooting on the number two train and

0:39:17.440 --> 0:39:20.600
<v Speaker 2>Bernard Guess is just walking by up sixth Avenue or

0:39:20.640 --> 0:39:22.440
<v Speaker 2>whatever street he was on in New York seeing these

0:39:22.480 --> 0:39:25.600
<v Speaker 2>cars zip by. They were going to the carnage that

0:39:25.640 --> 0:39:26.279
<v Speaker 2>he left there.

0:39:26.440 --> 0:39:29.200
<v Speaker 1>Now, I remember you saying that there were frequently communication

0:39:29.280 --> 0:39:33.359
<v Speaker 1>issues between transit police and NYPD above ground because their

0:39:33.480 --> 0:39:35.960
<v Speaker 1>radios weren't in sync. Was that the case here too?

0:39:36.120 --> 0:39:37.600
<v Speaker 1>Was there a significant delay?

0:39:38.000 --> 0:39:41.120
<v Speaker 2>No? No, no, because the NYPD got there very very quickly.

0:39:41.160 --> 0:39:43.840
<v Speaker 2>The problem is that their guy has gone and nobody

0:39:43.840 --> 0:39:47.160
<v Speaker 2>knows where he is. They literally don't know where he is.

0:39:47.239 --> 0:39:52.200
<v Speaker 2>And a fun little bit of policing fact is part

0:39:52.239 --> 0:39:54.919
<v Speaker 2>of the reason why. You know, I've mentioned a couple

0:39:55.040 --> 0:39:57.080
<v Speaker 2>times that they pulled the emergency brake and the car

0:39:57.120 --> 0:40:00.799
<v Speaker 2>stops right and the train stops. Well, they do that

0:40:01.080 --> 0:40:03.839
<v Speaker 2>so that if there's a crime on board and they

0:40:03.840 --> 0:40:06.840
<v Speaker 2>need to arrest somebody, all that evidence and all the

0:40:06.880 --> 0:40:09.720
<v Speaker 2>people are still there and police can deal with it easily.

0:40:10.560 --> 0:40:13.920
<v Speaker 2>That's the thing that enabled Bernie gets his escape. Because

0:40:13.960 --> 0:40:16.520
<v Speaker 2>the train was stopped, he just could quickly jump off

0:40:16.560 --> 0:40:19.400
<v Speaker 2>and run away. So he sprints and got away and

0:40:19.480 --> 0:40:23.640
<v Speaker 2>immediately got off that subway platform at Chamber Street, hops

0:40:23.680 --> 0:40:27.400
<v Speaker 2>in a cab back home and goes back to his house.

0:40:27.719 --> 0:40:30.520
<v Speaker 1>Tell me about the status of the four victims. So

0:40:30.600 --> 0:40:33.480
<v Speaker 1>the police come, ambulance comes, everybody gets off the train,

0:40:33.560 --> 0:40:36.240
<v Speaker 1>The interview witnesses, and you still have these four guys.

0:40:36.280 --> 0:40:37.360
<v Speaker 1>What's happening with their health?

0:40:37.680 --> 0:40:41.040
<v Speaker 2>They're bleeding and fading in and out of consciousness. The

0:40:41.320 --> 0:40:44.520
<v Speaker 2>general consensus is that Troy Kanty, who's the first one

0:40:44.560 --> 0:40:47.200
<v Speaker 2>if you remember who approach gets he's in the worst shape,

0:40:47.200 --> 0:40:49.719
<v Speaker 2>that's the consensus, because he's shot in the chest and

0:40:49.719 --> 0:40:52.279
<v Speaker 2>he's bleeding through a hole in his chest, and so

0:40:52.320 --> 0:40:57.000
<v Speaker 2>they're treating him. He's going into shock. Barry Allen is lucid.

0:40:57.239 --> 0:40:59.640
<v Speaker 2>But they're all kind of out of it and bleeding

0:40:59.719 --> 0:41:03.279
<v Speaker 2>a lot, lot and in various places through the train.

0:41:03.600 --> 0:41:06.560
<v Speaker 2>Now I mentioned KB in the mid chest. He's certainly

0:41:06.600 --> 0:41:10.480
<v Speaker 2>paralyzed at this point, not feeling his legs, but all

0:41:10.560 --> 0:41:13.440
<v Speaker 2>of them. It's interesting. I've never been shot by a firearm,

0:41:14.040 --> 0:41:16.680
<v Speaker 2>but Barry Allen claims that he thought he was paralyzed

0:41:16.719 --> 0:41:19.799
<v Speaker 2>as well. He claimed that he felt his arm when

0:41:19.840 --> 0:41:22.040
<v Speaker 2>the bullet goes in. He felt his arm sees up

0:41:22.520 --> 0:41:24.160
<v Speaker 2>and like he'd been shot with what he called a

0:41:24.239 --> 0:41:28.600
<v Speaker 2>paralyzer gun. So they're all in various states of shock

0:41:29.520 --> 0:41:33.600
<v Speaker 2>or confusion, eyes lolling and passing in and out.

0:41:33.760 --> 0:41:35.600
<v Speaker 1>Everybody survives, so all four.

0:41:35.520 --> 0:41:40.640
<v Speaker 2>Everybody survives except and everybody has varying degrees of serious injury.

0:41:40.680 --> 0:41:43.719
<v Speaker 2>Everybody goes into some form of surgery, some you know

0:41:43.719 --> 0:41:45.800
<v Speaker 2>Barry Allen. Still they leave the one of the bullets

0:41:45.800 --> 0:41:47.600
<v Speaker 2>in there, it's somewhere in his shoulder. One of them

0:41:47.640 --> 0:41:50.920
<v Speaker 2>has a spleen removed. But they all get out in

0:41:50.960 --> 0:41:55.520
<v Speaker 2>a couple of weeks, except Daryl Kaby, who again paralyzed.

0:41:55.960 --> 0:42:00.680
<v Speaker 2>And then after because of the paralysis, things start compounding

0:42:00.680 --> 0:42:03.360
<v Speaker 2>in his body with his diaphragm. He had trouble breathing,

0:42:03.840 --> 0:42:06.440
<v Speaker 2>went into respiratory arrest maybe a week or two later.

0:42:06.960 --> 0:42:09.000
<v Speaker 2>So he's blacked out for I want to say it's

0:42:09.000 --> 0:42:13.440
<v Speaker 2>around eight minutes, and then goes into a coma before

0:42:13.480 --> 0:42:15.080
<v Speaker 2>going you know, so he's blacked out, then goes into

0:42:15.120 --> 0:42:17.759
<v Speaker 2>a coma, doesn't wake up for two months, and at

0:42:17.800 --> 0:42:19.920
<v Speaker 2>the time he wakes up, because of that time that

0:42:19.960 --> 0:42:22.440
<v Speaker 2>they're performing CPR and trying to resuscitate him, he's just

0:42:22.480 --> 0:42:24.880
<v Speaker 2>not getting oxygen to his brain and he ends up

0:42:24.880 --> 0:42:29.399
<v Speaker 2>brain damaged quite severely. He ends up with at the time,

0:42:29.520 --> 0:42:32.640
<v Speaker 2>believed to be the intellectual capacity of about a nine

0:42:32.680 --> 0:42:35.440
<v Speaker 2>year old. Couldn't tell you what day it was, couldn't

0:42:35.440 --> 0:42:38.319
<v Speaker 2>tell you who the mayor was. So he the rest

0:42:38.320 --> 0:42:41.480
<v Speaker 2>of them end up in pain and with gunshot wounds

0:42:41.480 --> 0:42:43.680
<v Speaker 2>and out and bandaged up, but he ended up probably

0:42:43.719 --> 0:42:44.320
<v Speaker 2>the worst shape.

0:42:44.400 --> 0:42:47.240
<v Speaker 1>How do they truck down gets It's really wild.

0:42:47.480 --> 0:42:51.480
<v Speaker 2>It's they couldn't figure out the guy. And at this

0:42:51.560 --> 0:42:55.239
<v Speaker 2>point the city is a buzz this mysterious vigilante who

0:42:55.280 --> 0:42:57.600
<v Speaker 2>finally clapped back and stood up for us. But no end,

0:42:57.760 --> 0:43:02.440
<v Speaker 2>they're flooding the police tip line, not with ideas about

0:43:02.440 --> 0:43:06.760
<v Speaker 2>the shooter, but with praise saying that, my god, somebody

0:43:06.760 --> 0:43:09.560
<v Speaker 2>finally stood up for us. Overwhelmingly to the mayor, to

0:43:09.640 --> 0:43:14.160
<v Speaker 2>the prosecutors and so on, so they're at an impasse. Finally,

0:43:14.320 --> 0:43:17.359
<v Speaker 2>after a little while, the police, the NYPD's tip line,

0:43:17.400 --> 0:43:19.400
<v Speaker 2>gets a tip about a man named Bernard Gets who

0:43:19.440 --> 0:43:23.320
<v Speaker 2>lives in the West Village. That's it. And they knew

0:43:23.960 --> 0:43:26.400
<v Speaker 2>that they could check city records, and they knew that

0:43:26.440 --> 0:43:31.280
<v Speaker 2>Bernard Gets, remember, had applied for a gun license. So yeah,

0:43:31.320 --> 0:43:34.120
<v Speaker 2>so they went back, found a photograph of Bernie Getz,

0:43:34.680 --> 0:43:37.319
<v Speaker 2>went to the motorman and the train and said, do

0:43:37.360 --> 0:43:39.080
<v Speaker 2>you see this guy? Do you know who this is?

0:43:39.160 --> 0:43:41.480
<v Speaker 2>Motorman says, I didn't see nothing. I don't know nobody.

0:43:41.520 --> 0:43:44.120
<v Speaker 2>I don't know anything. I ain't touching this get away.

0:43:44.160 --> 0:43:45.959
<v Speaker 2>Get off my train. So he didn't want he'd wanted

0:43:46.080 --> 0:43:49.239
<v Speaker 2>no time for that smoke. Then they knew they were

0:43:49.280 --> 0:43:53.360
<v Speaker 2>onto something, so figured out with the photograph and the address,

0:43:54.280 --> 0:43:57.080
<v Speaker 2>they went to the apartment building that Gets lived in

0:43:57.760 --> 0:44:01.520
<v Speaker 2>and just put a note under his door saying, mister Getz,

0:44:01.520 --> 0:44:03.480
<v Speaker 2>this is the New York Police Department, please call us.

0:44:04.280 --> 0:44:06.839
<v Speaker 2>And one of the door, one of the mailbox, maybe

0:44:06.840 --> 0:44:08.719
<v Speaker 2>one under the mat or something, and that was it.

0:44:08.880 --> 0:44:12.399
<v Speaker 2>That was the steps they took. And then they just.

0:44:12.400 --> 0:44:14.880
<v Speaker 1>Waited, who's the DA this is Morganhaw.

0:44:15.040 --> 0:44:15.759
<v Speaker 2>This is Morgan Thaw.

0:44:15.840 --> 0:44:17.640
<v Speaker 1>Yeah, oh well, because he was there for how long

0:44:17.719 --> 0:44:19.080
<v Speaker 1>was he there thirty years or something?

0:44:19.320 --> 0:44:22.040
<v Speaker 2>Oh yeah, more than thirty It was much of the

0:44:22.040 --> 0:44:24.200
<v Speaker 2>great part of a generation, I think, the sixties into

0:44:24.480 --> 0:44:25.560
<v Speaker 2>the early two thousands.

0:44:25.680 --> 0:44:27.920
<v Speaker 1>Did you end up talking to somebody with the police

0:44:28.000 --> 0:44:30.520
<v Speaker 1>during that time period or to get the idea of

0:44:30.520 --> 0:44:32.560
<v Speaker 1>what was happening, you know, behind the scenes.

0:44:32.960 --> 0:44:35.240
<v Speaker 2>The guy who came up with the idea for leaving

0:44:35.239 --> 0:44:38.000
<v Speaker 2>the note, I spoke to him, Jim Levison, who was

0:44:38.040 --> 0:44:40.359
<v Speaker 2>the lead detective on the case, and I interviewed him,

0:44:40.840 --> 0:44:42.960
<v Speaker 2>and he believes it wasn't a great piece of police

0:44:42.960 --> 0:44:44.920
<v Speaker 2>work at all. It's just sloppy. But they were out

0:44:44.920 --> 0:44:49.719
<v Speaker 2>of options. But they think that is the step they

0:44:49.760 --> 0:44:52.719
<v Speaker 2>took that actually got them to figure out who and

0:44:52.719 --> 0:44:53.759
<v Speaker 2>where Bernie gets was.

0:44:54.239 --> 0:44:55.439
<v Speaker 1>So does he contact them?

0:44:55.600 --> 0:44:58.120
<v Speaker 2>He does, but now he disappeared. No one knows where

0:44:58.120 --> 0:45:00.000
<v Speaker 2>he is. He's not in his apartment, He's not anywhere,

0:45:00.120 --> 0:45:02.920
<v Speaker 2>Remember I said, soon after the shooting, he went back home.

0:45:03.200 --> 0:45:05.280
<v Speaker 2>He quickly grabbed a duffel bag, took off the windbreaker,

0:45:05.320 --> 0:45:06.920
<v Speaker 2>took the gun, put into a duffel bag, goes and

0:45:06.960 --> 0:45:10.600
<v Speaker 2>rents a car and drives north out of the city

0:45:11.000 --> 0:45:13.560
<v Speaker 2>and ends up in New Hampshire, and he was just

0:45:13.680 --> 0:45:16.440
<v Speaker 2>hiding in the snows of New Hampshire. He buries the

0:45:16.480 --> 0:45:19.400
<v Speaker 2>parts of the gun, he burns his jacket, thinks he's

0:45:19.480 --> 0:45:21.880
<v Speaker 2>going to freeze to death because he has no jacket

0:45:21.880 --> 0:45:24.600
<v Speaker 2>now because he's burned the one he had and is

0:45:24.680 --> 0:45:27.680
<v Speaker 2>hiding in New Hampshire. He went up there, came back

0:45:27.719 --> 0:45:30.200
<v Speaker 2>to New York, at which point he met with one

0:45:30.200 --> 0:45:32.719
<v Speaker 2>of his neighbors who told him they left a note

0:45:32.719 --> 0:45:36.200
<v Speaker 2>for you, at which point he hands her a package,

0:45:36.600 --> 0:45:38.439
<v Speaker 2>doesn't tell her what's in it, but says, this isn't

0:45:38.480 --> 0:45:40.640
<v Speaker 2>the gun that was used. Can you just hold onto

0:45:40.640 --> 0:45:42.960
<v Speaker 2>this for me for a little while, And then disappeared.

0:45:43.000 --> 0:45:46.480
<v Speaker 2>And then about a day later, in conquered New Hampshire,

0:45:46.520 --> 0:45:49.279
<v Speaker 2>he walks into the police department shivering and says, I'm

0:45:49.320 --> 0:45:51.600
<v Speaker 2>the man they're looking for in New York. And so

0:45:51.760 --> 0:45:54.719
<v Speaker 2>Levison that detective really believes. He said to me, it

0:45:54.800 --> 0:45:56.680
<v Speaker 2>was not a good piece of police work. I don't

0:45:56.680 --> 0:45:58.600
<v Speaker 2>think this was good detective work, but that's really all

0:45:58.640 --> 0:46:02.520
<v Speaker 2>I had. But he thinks that is the thing that

0:46:02.560 --> 0:46:05.840
<v Speaker 2>spooked Bernie gets so much. They felt he had to

0:46:05.840 --> 0:46:06.600
<v Speaker 2>turn himself in.

0:46:06.960 --> 0:46:09.520
<v Speaker 1>But what is Morgenthal saying once he does turn himself in,

0:46:09.680 --> 0:46:13.680
<v Speaker 1>what is the general attitude of the DA's office about

0:46:13.760 --> 0:46:15.800
<v Speaker 1>what the heck do we do with this guy who

0:46:16.120 --> 0:46:18.799
<v Speaker 1>shot so called vigilantes and put him all in the

0:46:18.800 --> 0:46:22.319
<v Speaker 1>hospital but at the same time took off and it's

0:46:22.360 --> 0:46:24.080
<v Speaker 1>illegal and had an illegal gun.

0:46:24.400 --> 0:46:29.120
<v Speaker 2>He was torn, torn, torn because, like all prosecutors, knew

0:46:29.239 --> 0:46:31.880
<v Speaker 2>and felt there was a crime committed, a potential homicide,

0:46:31.960 --> 0:46:34.279
<v Speaker 2>at least an attempted homicide, but it was a very

0:46:34.320 --> 0:46:37.920
<v Speaker 2>popular homicide in the city, and the victims were unsavory.

0:46:38.040 --> 0:46:41.799
<v Speaker 2>These were drug addicted black boys from the Bronx who

0:46:41.800 --> 0:46:44.720
<v Speaker 2>were muggers and shakedown artists and so on, and Morgan

0:46:44.719 --> 0:46:48.000
<v Speaker 2>Thha was torn about what to do. So they ultimately try,

0:46:48.680 --> 0:46:51.279
<v Speaker 2>but in a ham fisted way. But they try to

0:46:51.680 --> 0:46:55.200
<v Speaker 2>indict Gets for murder, for attempted murder pardon and end

0:46:55.280 --> 0:46:57.239
<v Speaker 2>up the grand jury doesn't even buy it. The grand

0:46:57.320 --> 0:47:01.720
<v Speaker 2>jury only indites him for gun possession. And nobody was happy.

0:47:01.840 --> 0:47:04.560
<v Speaker 2>Gets wasn't happy with being charged with gun possessions. Supporters

0:47:04.600 --> 0:47:08.279
<v Speaker 2>weren't happy, the police weren't happy. Nobody was happy with

0:47:08.320 --> 0:47:11.239
<v Speaker 2>that decision, but the prosecutors just didn't have a ton

0:47:11.239 --> 0:47:12.279
<v Speaker 2>of options with what to do.

0:47:12.520 --> 0:47:15.359
<v Speaker 1>What is the media saying at this point, what is

0:47:15.360 --> 0:47:17.719
<v Speaker 1>the I'm thinking of it, like the Daily News, and

0:47:17.719 --> 0:47:22.240
<v Speaker 1>what the different the different tabloids and what these headlines

0:47:22.320 --> 0:47:22.719
<v Speaker 1>must be.

0:47:22.880 --> 0:47:25.520
<v Speaker 2>Yeah, the Daily News, well it's really the New York Post.

0:47:25.680 --> 0:47:27.920
<v Speaker 2>Rupert Murdoch had just bought the New York Post and

0:47:28.080 --> 0:47:32.520
<v Speaker 2>shifted the coverage of the cities tabloids, using a lot

0:47:32.560 --> 0:47:34.680
<v Speaker 2>of the tactics he'd used in other markets. He'd been

0:47:34.680 --> 0:47:36.520
<v Speaker 2>buying up a lot of tabloids around the country and

0:47:36.560 --> 0:47:39.839
<v Speaker 2>certainly in Australia, but just to frighten people. It was,

0:47:40.760 --> 0:47:44.440
<v Speaker 2>you know, the headlines where screams ignored, she's shot dead

0:47:44.880 --> 0:47:47.640
<v Speaker 2>and things in all these these giant capital letters, and

0:47:47.680 --> 0:47:50.480
<v Speaker 2>so they were. The Daily News and the New York

0:47:50.520 --> 0:47:55.520
<v Speaker 2>Post were largely quite supportive of the shooter and driving

0:47:55.560 --> 0:47:58.960
<v Speaker 2>some of the public sentiment, which in turn was pretty

0:47:58.960 --> 0:48:01.480
<v Speaker 2>turebo charged. Now it was. It was divisive. There were

0:48:01.480 --> 0:48:04.800
<v Speaker 2>certainly many people who thought that this was racist open

0:48:04.840 --> 0:48:08.280
<v Speaker 2>season on black people, but a lot of people were

0:48:08.680 --> 0:48:12.080
<v Speaker 2>lined up behind Bernard Gets and the papers reflected that.

0:48:12.560 --> 0:48:16.320
<v Speaker 1>At some point is there an investigation into his background.

0:48:16.320 --> 0:48:18.319
<v Speaker 1>Of course, you know, we know about what happens with

0:48:18.400 --> 0:48:21.080
<v Speaker 1>his father and the mugging and all of that. Is

0:48:21.120 --> 0:48:25.759
<v Speaker 1>there any sort of digging into maybe his viewpoints on

0:48:25.880 --> 0:48:26.960
<v Speaker 1>people of other races.

0:48:27.640 --> 0:48:31.560
<v Speaker 2>Yeah, And it over time, the world starts learning more

0:48:31.600 --> 0:48:34.719
<v Speaker 2>and more about Bernard Gets and about these four young men,

0:48:34.760 --> 0:48:37.759
<v Speaker 2>and it just starts seeming, it starts blurring a little bit.

0:48:37.800 --> 0:48:40.600
<v Speaker 2>They realize how quirky and odd he is. They realize

0:48:40.600 --> 0:48:43.120
<v Speaker 2>about his firearm possession. They realize that he's gotten in

0:48:43.200 --> 0:48:46.319
<v Speaker 2>trouble and kicked off his co op board for using

0:48:46.360 --> 0:48:48.680
<v Speaker 2>ethnic slurs and saying that we got to get the

0:48:48.840 --> 0:48:51.480
<v Speaker 2>ends and the s's. You can speculate as to what

0:48:51.520 --> 0:48:53.359
<v Speaker 2>those words are, but we've got to get the only

0:48:53.400 --> 0:48:55.000
<v Speaker 2>way to clean this neighborhood up is to get the

0:48:55.120 --> 0:48:58.719
<v Speaker 2>ends and the s's out of here. Well, everyone else

0:48:58.719 --> 0:49:02.320
<v Speaker 2>in the co op board, this is okay. That's not cool.

0:49:02.520 --> 0:49:05.120
<v Speaker 2>Even you're not even saying the quiet part out loud.

0:49:05.200 --> 0:49:08.120
<v Speaker 2>You're just yelling. And he claims he was high on

0:49:08.640 --> 0:49:11.560
<v Speaker 2>angel dust and weed that night and that he didn't

0:49:11.600 --> 0:49:13.640
<v Speaker 2>really know what he was saying, but he was just

0:49:13.719 --> 0:49:15.600
<v Speaker 2>making a point that we need to clean the neighborhood up,

0:49:15.640 --> 0:49:18.480
<v Speaker 2>and the bad elements in the neighborhood are black and Hispanic.

0:49:18.800 --> 0:49:22.319
<v Speaker 2>And it all started trickling out over time, and eventually

0:49:22.360 --> 0:49:25.880
<v Speaker 2>people started getting a less sunny or rosy idea of

0:49:25.920 --> 0:49:28.080
<v Speaker 2>who Bernard Getz was and what he stood for.

0:49:28.440 --> 0:49:32.240
<v Speaker 1>Now, I mean, he is claiming self defense, I'm assuming right.

0:49:32.480 --> 0:49:34.960
<v Speaker 2>Now, I say he is in New York law, not

0:49:35.040 --> 0:49:38.400
<v Speaker 2>just self defense. It's New York law at the time

0:49:39.040 --> 0:49:44.480
<v Speaker 2>allowed lethal force to prevent an imminent violent crime, okay,

0:49:44.560 --> 0:49:47.000
<v Speaker 2>and that violent crime being a robbery or a mugging.

0:49:47.120 --> 0:49:49.520
<v Speaker 2>And so because he felt that one was imminent, or

0:49:49.520 --> 0:49:51.520
<v Speaker 2>at least claim to feel that one was imminent, he

0:49:51.600 --> 0:49:53.520
<v Speaker 2>was able to use lethal force.

0:49:53.600 --> 0:49:56.359
<v Speaker 1>Can you explain though, the other end of this, which

0:49:56.560 --> 0:49:59.120
<v Speaker 1>I kind of think about battered women and you know,

0:49:59.160 --> 0:50:01.200
<v Speaker 1>women who kill well, I don't know why I connected

0:50:01.200 --> 0:50:04.759
<v Speaker 1>always to this, but the idea that the prosecutor will

0:50:04.800 --> 0:50:09.319
<v Speaker 1>say she could have left any time. He had exit strategies, right,

0:50:09.400 --> 0:50:11.680
<v Speaker 1>he could have or he had exit options. He could

0:50:11.680 --> 0:50:14.920
<v Speaker 1>have gone to another car. There were other witnesses. Was

0:50:14.960 --> 0:50:16.880
<v Speaker 1>there not a way for Morgan thought to look at

0:50:16.880 --> 0:50:18.839
<v Speaker 1>this and say, yeah, but this was not a last

0:50:18.880 --> 0:50:19.600
<v Speaker 1>resort for you.

0:50:20.040 --> 0:50:22.520
<v Speaker 2>The law in New York did not require retreat. It

0:50:22.600 --> 0:50:27.440
<v Speaker 2>was in apprehension of an imminent mugging or robbery, one

0:50:27.520 --> 0:50:31.200
<v Speaker 2>could use lethal force and full stop. This is what

0:50:31.239 --> 0:50:34.600
<v Speaker 2>the law allowed. Now, and you're touching on an important point,

0:50:34.640 --> 0:50:37.920
<v Speaker 2>this idea of duty to retreat, and different jurisdictions have

0:50:38.600 --> 0:50:42.239
<v Speaker 2>different rules around the obligations someone has to retreat before

0:50:42.280 --> 0:50:44.919
<v Speaker 2>trying to kill somebody. Here at the time, oddly enough,

0:50:44.960 --> 0:50:47.480
<v Speaker 2>New York would have just let you. If you thought

0:50:47.680 --> 0:50:50.279
<v Speaker 2>a violent crime was coming, you could you could try

0:50:50.320 --> 0:50:51.840
<v Speaker 2>to kill the person who was coming at you.

0:50:51.880 --> 0:50:55.000
<v Speaker 1>Now, what is the case now if this happened today,

0:50:55.280 --> 0:50:58.239
<v Speaker 1>what would be the likely outcome if there were not

0:50:58.320 --> 0:51:00.960
<v Speaker 1>all of these political ramifications surrounding it.

0:51:01.200 --> 0:51:03.839
<v Speaker 2>Forgive the lawyer speaking to you right now, But there

0:51:03.920 --> 0:51:07.040
<v Speaker 2>is an interesting New York State Court of Appeals case

0:51:07.080 --> 0:51:12.360
<v Speaker 2>that set the law on this. It's called State versus Gets. Literally,

0:51:13.080 --> 0:51:17.120
<v Speaker 2>this story ends up changing the standard in New York law,

0:51:17.160 --> 0:51:21.239
<v Speaker 2>and it's complicated. It's both subjective and objective. Do I

0:51:21.680 --> 0:51:25.520
<v Speaker 2>feel threatened? Right? If I can say that I feel threatened,

0:51:25.520 --> 0:51:28.640
<v Speaker 2>and if people the jury ultimately believes that you feel threatened, Okay,

0:51:28.680 --> 0:51:33.400
<v Speaker 2>that's bucket one. And separately, did I act in a

0:51:33.400 --> 0:51:36.440
<v Speaker 2>way that I would expect a reasonable person to have

0:51:36.600 --> 0:51:40.480
<v Speaker 2>acted under the same circumstances. That's objective, right, So it's

0:51:40.520 --> 0:51:43.480
<v Speaker 2>both what are my feelings, but also how do we

0:51:43.600 --> 0:51:46.879
<v Speaker 2>expect other members of society to act in the same circumstance?

0:51:46.920 --> 0:51:49.040
<v Speaker 2>And if both of those things are true, then you

0:51:49.120 --> 0:51:53.400
<v Speaker 2>will not be found guilty of having killed someone. Right.

0:51:53.600 --> 0:51:56.399
<v Speaker 2>This case set that law. It was complicated, no need

0:51:56.400 --> 0:51:57.880
<v Speaker 2>to get into the weeds of the law that it

0:51:57.920 --> 0:51:59.600
<v Speaker 2>goes all the way up to the highest court in

0:51:59.640 --> 0:52:02.040
<v Speaker 2>the state New York, but ultimately sets that standard that

0:52:02.080 --> 0:52:04.759
<v Speaker 2>courts would first look at what the guy felt and

0:52:04.880 --> 0:52:07.360
<v Speaker 2>was it genuine and real? Was it real fear that

0:52:07.400 --> 0:52:12.360
<v Speaker 2>he felt? And in acting with lethal force, would we

0:52:12.440 --> 0:52:15.839
<v Speaker 2>have expected an ordinary or reasonable person to have done

0:52:15.880 --> 0:52:16.480
<v Speaker 2>the same thing?

0:52:16.960 --> 0:52:20.160
<v Speaker 1>How do you get into that though as an attorney

0:52:20.680 --> 0:52:23.080
<v Speaker 1>of being able to say, I don't you can't even

0:52:23.120 --> 0:52:25.400
<v Speaker 1>say definitively look at the look on his face from

0:52:25.440 --> 0:52:28.759
<v Speaker 1>CCTV or the witness next to him said, you know

0:52:28.840 --> 0:52:30.920
<v Speaker 1>his tone was this way or that way. I mean,

0:52:31.000 --> 0:52:33.840
<v Speaker 1>you can't lean totally onto that, right, This is apparently

0:52:33.880 --> 0:52:35.920
<v Speaker 1>what he was feeling, and he made a couple of

0:52:36.000 --> 0:52:38.280
<v Speaker 1>racist remarks you know, in the past.

0:52:38.560 --> 0:52:40.840
<v Speaker 2>Yeah, that's the thing. I mean, the racist remarks in

0:52:40.840 --> 0:52:42.920
<v Speaker 2>the past wouldn't come up in trial, probably in a

0:52:42.960 --> 0:52:45.520
<v Speaker 2>criminal trial, in a straight criminal trial. Now if it

0:52:45.560 --> 0:52:47.319
<v Speaker 2>were a hate crime trial or something, maybe that would

0:52:47.360 --> 0:52:51.239
<v Speaker 2>be relevant. But it's hard getting into someone's head, is

0:52:51.320 --> 0:52:54.880
<v Speaker 2>the and something for me as a CNN legal analyst,

0:52:54.920 --> 0:52:57.239
<v Speaker 2>this is the thing that I find explaining on air

0:52:57.280 --> 0:53:01.600
<v Speaker 2>the most, this idea of criminal intent being exceptionally hard

0:53:01.640 --> 0:53:06.240
<v Speaker 2>to prove, exceptionally hard to establish what was in someone's mind,

0:53:06.440 --> 0:53:11.040
<v Speaker 2>absent finding a manifesto or him screaming I'm going to

0:53:11.120 --> 0:53:13.680
<v Speaker 2>kill you because you have threatened to mug me, and

0:53:13.760 --> 0:53:15.960
<v Speaker 2>I felt that I was an imminent apprehension of a

0:53:16.040 --> 0:53:18.640
<v Speaker 2>mugg you know, absent that. It's really just trying to

0:53:18.640 --> 0:53:22.360
<v Speaker 2>divine the circumstances. Now any jury, there are all juries

0:53:22.400 --> 0:53:25.239
<v Speaker 2>of peers who live in the neighborhood, and they were

0:53:25.320 --> 0:53:29.640
<v Speaker 2>probably going to bring whatever they thought of New York

0:53:29.640 --> 0:53:32.799
<v Speaker 2>City subways and quite frankly, young black kids from the

0:53:32.800 --> 0:53:38.120
<v Speaker 2>Bronx into their views of what actually happened. In judging

0:53:38.160 --> 0:53:41.200
<v Speaker 2>what was right and wrong, it ends up getting to

0:53:41.239 --> 0:53:43.920
<v Speaker 2>a grand jury. The first time, they only get him

0:53:43.920 --> 0:53:46.839
<v Speaker 2>on gun possession. They go back a second time, two

0:53:46.920 --> 0:53:49.760
<v Speaker 2>of the four victims testified, and he ends up getting

0:53:49.800 --> 0:53:53.480
<v Speaker 2>charged with attempted murder, attempted assault, and gun possession.

0:53:53.719 --> 0:53:55.920
<v Speaker 1>Has the narrative in the media changed now that we

0:53:56.040 --> 0:53:58.719
<v Speaker 1>find out that he's used the in word, and you know,

0:53:58.840 --> 0:54:01.440
<v Speaker 1>I don't know what else gets dug up about his past.

0:54:02.040 --> 0:54:04.440
<v Speaker 1>Is there at any point where they were the media

0:54:04.920 --> 0:54:07.920
<v Speaker 1>or whoever kind of says, oh okay, maybe there's more

0:54:07.920 --> 0:54:09.279
<v Speaker 1>to this than we thought it.

0:54:09.320 --> 0:54:12.640
<v Speaker 2>Definitely the tone shifts a little bit. But in general,

0:54:12.960 --> 0:54:16.279
<v Speaker 2>there is a widespread notion that the city, remember all

0:54:16.280 --> 0:54:18.960
<v Speaker 2>that stuff we talked about blackouts and riots and looting

0:54:19.040 --> 0:54:22.480
<v Speaker 2>and bailouts in the city and joblessness and fire tee,

0:54:22.520 --> 0:54:25.880
<v Speaker 2>all of that, that the city is a rough place

0:54:26.040 --> 0:54:30.120
<v Speaker 2>and someone needs to stand up within days. Remember we

0:54:30.160 --> 0:54:32.000
<v Speaker 2>talked about the movie Death Wish a little bit earlier,

0:54:32.239 --> 0:54:35.719
<v Speaker 2>the Death Wish Vigilante. That's the nickname he got. The

0:54:36.160 --> 0:54:38.520
<v Speaker 2>New York Post called him the Death Wish Vigilante in

0:54:38.520 --> 0:54:40.600
<v Speaker 2>the mold of Charles Bronson and the movie Death Wish,

0:54:40.800 --> 0:54:44.040
<v Speaker 2>that there's this guy who is going to clap back

0:54:44.040 --> 0:54:46.880
<v Speaker 2>against the forces of disorder, and he's doing it for

0:54:46.960 --> 0:54:50.840
<v Speaker 2>our common good. So yes, it got more nuanced overtime.

0:54:50.880 --> 0:54:54.880
<v Speaker 2>There were certainly commentators who were not so on board

0:54:55.280 --> 0:54:59.320
<v Speaker 2>with gets and the narrative. Jimmy Breslin, a very famous

0:54:59.600 --> 0:55:03.319
<v Speaker 2>long time columns of the Daily News. Earl Caldwell was

0:55:03.360 --> 0:55:05.759
<v Speaker 2>another one, Less Pain, who has ended up being the

0:55:05.760 --> 0:55:08.560
<v Speaker 2>head of the National Association of Black Journalists. They all

0:55:08.719 --> 0:55:10.719
<v Speaker 2>took some issue with it, but for the most part

0:55:10.760 --> 0:55:15.360
<v Speaker 2>there was a pretty universal rush to support Bernard Getz.

0:55:15.800 --> 0:55:19.120
<v Speaker 1>So if they had not had screwdrivers in their jackets,

0:55:19.400 --> 0:55:21.400
<v Speaker 1>would this have changed the case? I mean, I assume

0:55:21.440 --> 0:55:23.640
<v Speaker 1>that's what was brought up by the defense it.

0:55:23.719 --> 0:55:27.120
<v Speaker 2>Was and the screwdrivers. You know, it's interesting a number

0:55:27.160 --> 0:55:29.759
<v Speaker 2>of newspapers right off the back comment on the screwdrivers

0:55:29.800 --> 0:55:32.399
<v Speaker 2>saying that the men were armed, including The New York

0:55:32.440 --> 0:55:35.399
<v Speaker 2>Times right off the bat, so that the men were armed.

0:55:35.400 --> 0:55:38.960
<v Speaker 2>That narrative shifted over time. Get still points at that,

0:55:39.520 --> 0:55:41.360
<v Speaker 2>saying that, look, they were armed, they were armed, they

0:55:41.400 --> 0:55:44.440
<v Speaker 2>had screwdrivers and so on. I don't I think irrespective

0:55:44.440 --> 0:55:47.000
<v Speaker 2>of the screwdrivers, I just think the narrative would would

0:55:47.000 --> 0:55:49.000
<v Speaker 2>have still been the same. It was just too easy

0:55:49.600 --> 0:55:53.680
<v Speaker 2>to not to have, you know, timid, weak white guy

0:55:54.320 --> 0:55:56.319
<v Speaker 2>scared of being or tired of being bullied and pushed

0:55:56.320 --> 0:55:59.239
<v Speaker 2>around for his entire life, and black dudes from the

0:55:59.239 --> 0:56:02.680
<v Speaker 2>Bronx who were rorizing this train car. It just it

0:56:02.719 --> 0:56:07.200
<v Speaker 2>was the narrative took hold within within hours literally, and

0:56:07.280 --> 0:56:09.280
<v Speaker 2>it was just it was never going going back.

0:56:09.800 --> 0:56:11.239
<v Speaker 1>Well, I think I know the answer to this, But

0:56:11.440 --> 0:56:13.879
<v Speaker 1>tell me ultimately what happens with this case with these

0:56:13.920 --> 0:56:14.720
<v Speaker 1>two guys.

0:56:15.040 --> 0:56:17.880
<v Speaker 2>Yeah, so he ends up gets ends up getting acquitted

0:56:18.480 --> 0:56:21.880
<v Speaker 2>of violent of all the violent crime charges, assault, attempted

0:56:21.920 --> 0:56:24.680
<v Speaker 2>murder and so on. He's so he ends up getting acquitted.

0:56:25.360 --> 0:56:28.440
<v Speaker 2>He ends up getting convicted of gun possession, of just

0:56:28.520 --> 0:56:31.800
<v Speaker 2>the possession of the illegal gun and actually acquitted. Remember

0:56:31.840 --> 0:56:34.440
<v Speaker 2>I told you he hands his neighbor of package. He

0:56:34.560 --> 0:56:37.360
<v Speaker 2>was charged with illegal possession of those guns, the guns

0:56:37.400 --> 0:56:40.279
<v Speaker 2>that were in that bag. He got acquitted of that too.

0:56:40.760 --> 0:56:44.560
<v Speaker 2>They did not convict him of even possessing those guns

0:56:44.600 --> 0:56:47.320
<v Speaker 2>that were widely known to have been given to a neighbor.

0:56:47.360 --> 0:56:51.799
<v Speaker 2>They felt that the neighbor who was actually Janis Joplin's publicist.

0:56:52.200 --> 0:56:55.360
<v Speaker 2>Oddly enough, she'd written a whole. She'd sold her story

0:56:55.400 --> 0:56:59.399
<v Speaker 2>to New York magazine, and they saw her as capitalizing

0:56:59.440 --> 0:57:02.440
<v Speaker 2>on the tragedy. He's such that she might have lied

0:57:02.880 --> 0:57:04.799
<v Speaker 2>about receiving this package in the first place, and they

0:57:04.840 --> 0:57:06.759
<v Speaker 2>just didn't trust They didn't trust her testimony, and so

0:57:08.120 --> 0:57:09.960
<v Speaker 2>he's equitted of those So he ends up spending eight

0:57:10.000 --> 0:57:13.920
<v Speaker 2>months in jail just on that illegal gun possession charge.

0:57:14.040 --> 0:57:15.960
<v Speaker 2>It was pretty much now that the interesting thing about

0:57:16.040 --> 0:57:18.560
<v Speaker 2>jail is that quickly they figure out that he's an engineer,

0:57:19.120 --> 0:57:23.040
<v Speaker 2>at which point he ends up making money as the

0:57:23.560 --> 0:57:27.400
<v Speaker 2>helping repair New York City bus radios while he's in prison,

0:57:27.520 --> 0:57:29.600
<v Speaker 2>and he's making he makes like forty nine cents a day,

0:57:30.320 --> 0:57:33.520
<v Speaker 2>and he's just they knew this guy's an engineer, We're

0:57:33.520 --> 0:57:35.440
<v Speaker 2>going to put him to work. And so he ends

0:57:35.560 --> 0:57:39.360
<v Speaker 2>up in this inmate who is a big help in

0:57:39.400 --> 0:57:40.920
<v Speaker 2>the you know, because you can have a job in

0:57:40.960 --> 0:57:43.320
<v Speaker 2>prison depending on the nature of the you know, the

0:57:43.400 --> 0:57:45.160
<v Speaker 2>nature of the crime you committed. And they let him.

0:57:45.200 --> 0:57:45.880
<v Speaker 2>They let him do that.

0:57:46.240 --> 0:57:49.080
<v Speaker 1>Well. As an attorney, well educated attorney, what do you

0:57:49.120 --> 0:57:51.200
<v Speaker 1>think about the verdict being objective?

0:57:51.600 --> 0:57:54.560
<v Speaker 2>I think a different jury and certainly in a different time,

0:57:54.800 --> 0:57:57.840
<v Speaker 2>would have convicted him. I see why they acquitted him.

0:57:57.920 --> 0:58:00.720
<v Speaker 2>I understand, and you can read the record. The thing

0:58:00.760 --> 0:58:02.560
<v Speaker 2>that we left out when he was in New Hampshire

0:58:02.560 --> 0:58:04.560
<v Speaker 2>that we talked about a little bit, he confessed to

0:58:04.640 --> 0:58:07.120
<v Speaker 2>police for two hours. Oh I know, it's four hours.

0:58:07.160 --> 0:58:09.360
<v Speaker 2>Part of its two different two hour confessions, first of

0:58:09.360 --> 0:58:11.600
<v Speaker 2>the Conquered Police Department and then to the New York

0:58:11.640 --> 0:58:15.120
<v Speaker 2>City Police Department, using language like I wanted to murder

0:58:15.160 --> 0:58:18.000
<v Speaker 2>them and make them suffer as possible. I was. I

0:58:18.040 --> 0:58:21.880
<v Speaker 2>wanted to butcher them. I felt savage. I was overcome

0:58:21.880 --> 0:58:26.600
<v Speaker 2>with rage all plain as day, saying he wanted to

0:58:26.640 --> 0:58:29.520
<v Speaker 2>kill these guys. The difference is the jury felt that

0:58:29.560 --> 0:58:32.480
<v Speaker 2>he was in in a dreanal haze at the time

0:58:32.560 --> 0:58:35.560
<v Speaker 2>he went into New Hampshire. He'd been on the run

0:58:36.080 --> 0:58:37.880
<v Speaker 2>for nine days and was out of his mind and

0:58:37.920 --> 0:58:39.880
<v Speaker 2>didn't really know what he was saying, and so they

0:58:40.000 --> 0:58:41.920
<v Speaker 2>discredited his entire confession.

0:58:42.480 --> 0:58:45.240
<v Speaker 1>Going back to what we just talked about, how do

0:58:45.400 --> 0:58:49.760
<v Speaker 1>you know unless you are that person, what the person's

0:58:49.800 --> 0:58:52.720
<v Speaker 1>intent was in making that confession. How did they he

0:58:52.960 --> 0:58:56.000
<v Speaker 1>they know? I mean, that's making assumptions that you shouldn't make.

0:58:56.400 --> 0:59:02.920
<v Speaker 2>Absolutely, his defense was very mindful of this fact and

0:59:03.040 --> 0:59:06.680
<v Speaker 2>leaned into even though our guys confessed, you can't trust

0:59:06.680 --> 0:59:08.800
<v Speaker 2>his confession. He's out of his mind. He didn't He

0:59:08.800 --> 0:59:10.640
<v Speaker 2>doesn't even know what he's saying. Why do you trust

0:59:10.680 --> 0:59:11.160
<v Speaker 2>what he's saying?

0:59:11.200 --> 0:59:14.760
<v Speaker 1>Okay, well tell me the future of these five people

0:59:14.760 --> 0:59:19.480
<v Speaker 1>who become just inexplicably intertwined one afternoon on the Number

0:59:19.480 --> 0:59:21.800
<v Speaker 1>two train going from the Bronx all the way down

0:59:21.840 --> 0:59:22.360
<v Speaker 1>to Brooklyn.

0:59:22.560 --> 0:59:26.680
<v Speaker 2>Bernard gets has a fascinating future, and I interview him

0:59:26.720 --> 0:59:28.560
<v Speaker 2>in the book Five Bullets, and I talked to him

0:59:28.600 --> 0:59:31.480
<v Speaker 2>about what life is like today, which is a little bonkers.

0:59:32.280 --> 0:59:36.640
<v Speaker 2>He ends up just this gadfly, crazy gish guy around

0:59:36.680 --> 0:59:40.400
<v Speaker 2>town who he runs for mayor and public advocate, which

0:59:40.440 --> 0:59:43.960
<v Speaker 2>is like the city's ombudsman on a vegetarian meals in

0:59:44.080 --> 0:59:48.240
<v Speaker 2>schools and anti circumcision platform. He shows up in the

0:59:48.280 --> 0:59:51.840
<v Speaker 2>media sometimes. He is an animal rights activist. He's a

0:59:52.040 --> 0:59:56.520
<v Speaker 2>pro vegetarian activist. He almost was evicted from his apartment

0:59:56.680 --> 1:00:02.080
<v Speaker 2>for washing squirrels in his saying he would find squirrels

1:00:02.080 --> 1:00:05.280
<v Speaker 2>in Washington Square Park and try to wash them and

1:00:05.440 --> 1:00:08.120
<v Speaker 2>nurse them back to health. He ended up getting arrested

1:00:08.120 --> 1:00:12.400
<v Speaker 2>in twenty thirteen, oddly enough for marijuana sales, because he

1:00:12.440 --> 1:00:15.240
<v Speaker 2>says an undercover cop flirted with him and tried to

1:00:15.480 --> 1:00:17.280
<v Speaker 2>he wanted to give her the drugs, she insisted that

1:00:17.320 --> 1:00:19.720
<v Speaker 2>he pay, that she pay, and then as soon as

1:00:19.720 --> 1:00:23.120
<v Speaker 2>there was a transaction of money, he got arrested. Well, ironically,

1:00:23.480 --> 1:00:27.840
<v Speaker 2>the whole case gets thrown out because police waited too

1:00:27.920 --> 1:00:31.800
<v Speaker 2>long to charge it, which is fascinating because Bernard gets

1:00:31.800 --> 1:00:36.040
<v Speaker 2>his whole ethos was that the city is slow and

1:00:36.080 --> 1:00:40.400
<v Speaker 2>incompetent and devoid of decision making. Well that's how he

1:00:40.440 --> 1:00:41.880
<v Speaker 2>got off. So that's Bernard gets his future.

1:00:42.080 --> 1:00:43.120
<v Speaker 1>Wait is he still alive?

1:00:43.360 --> 1:00:45.800
<v Speaker 2>He is close to eighty, seventy eight years old, seventy

1:00:45.880 --> 1:00:47.560
<v Speaker 2>years old and just all over the place. He's just

1:00:47.600 --> 1:00:49.240
<v Speaker 2>you talk to him, he's all over the place. He's

1:00:49.280 --> 1:00:50.080
<v Speaker 2>literally all over the place.

1:00:50.120 --> 1:00:51.640
<v Speaker 1>And he's okay with the book? Or how do you

1:00:51.640 --> 1:00:52.840
<v Speaker 1>think he feels about this book?

1:00:52.920 --> 1:00:55.640
<v Speaker 2>I don't know. I mean he made clear to me

1:00:55.800 --> 1:00:58.480
<v Speaker 2>he wanted me to do a reenactment of the shooting

1:00:58.520 --> 1:01:00.840
<v Speaker 2>that rather than doing a book, I should get television

1:01:00.880 --> 1:01:03.520
<v Speaker 2>to reenact the shooting because nothing else would be fair.

1:01:03.600 --> 1:01:08.400
<v Speaker 2>He has conveyed through an intermediary actually that if my

1:01:08.600 --> 1:01:12.920
<v Speaker 2>book does not accurately convey the criminal histories of the

1:01:12.920 --> 1:01:16.680
<v Speaker 2>four young men, that it's not a fair book, which okay,

1:01:16.760 --> 1:01:19.160
<v Speaker 2>I mean, what I would respond is that the book

1:01:19.200 --> 1:01:22.440
<v Speaker 2>Five Bullets makes at least forty one different references to

1:01:22.480 --> 1:01:24.520
<v Speaker 2>the criminal histories or drug abuse of these young men,

1:01:25.160 --> 1:01:27.840
<v Speaker 2>but also notes that Bernard Getz didn't know any of

1:01:27.880 --> 1:01:30.680
<v Speaker 2>it at the time he decided to shoot them. So okay, sir,

1:01:30.960 --> 1:01:34.280
<v Speaker 2>So yeah, he's just around and it is what he

1:01:34.400 --> 1:01:38.480
<v Speaker 2>is now. Daral Caby ends up paralyzed and brain damaged

1:01:38.520 --> 1:01:40.480
<v Speaker 2>and just moved out of the city. Doesn't like coming back,

1:01:40.520 --> 1:01:42.560
<v Speaker 2>but he's around and has family around him. I tried

1:01:42.600 --> 1:01:47.080
<v Speaker 2>to interview him and his family. They passed. So Kanty

1:01:47.280 --> 1:01:48.760
<v Speaker 2>is the one that seems to have gotten his life

1:01:48.800 --> 1:01:51.080
<v Speaker 2>the most back together. He's in upstate New York as

1:01:51.080 --> 1:01:55.440
<v Speaker 2>an auto mechanic. Barry Allen ended up in jail for

1:01:56.080 --> 1:01:59.080
<v Speaker 2>a whole bunch of things, end up dying in prison

1:01:59.080 --> 1:02:04.000
<v Speaker 2>in twenty eighteen, and James Ramseur, who ended up with

1:02:04.000 --> 1:02:06.840
<v Speaker 2>the ugliest criminal history of all of them around the

1:02:06.880 --> 1:02:11.480
<v Speaker 2>time of the shooting, ended up being charged with a

1:02:11.640 --> 1:02:16.800
<v Speaker 2>horrific sexual assault, in robbery, in battery, ends up going

1:02:16.840 --> 1:02:18.440
<v Speaker 2>to jail for eight to twenty five years for that,

1:02:18.600 --> 1:02:21.680
<v Speaker 2>gets out back end parole violations and so on, and

1:02:21.720 --> 1:02:25.560
<v Speaker 2>then ends up killing himself on December twenty second. I

1:02:25.600 --> 1:02:29.320
<v Speaker 2>believe it's twenty seventeen or twenty twenty eleven, the anniversary

1:02:29.320 --> 1:02:33.919
<v Speaker 2>of the shooting. Oh yeah, found in a dingy low

1:02:33.960 --> 1:02:36.720
<v Speaker 2>rent hotel room and a highway in the Bronx, just

1:02:37.080 --> 1:02:39.400
<v Speaker 2>pill bottle floating in the toilet. Oh my gosh.

1:02:39.520 --> 1:02:42.040
<v Speaker 1>And you must have reflected over and over again about

1:02:42.040 --> 1:02:45.800
<v Speaker 1>how this one incident, this one minute incident in these

1:02:45.840 --> 1:02:51.120
<v Speaker 1>people's lives, changed the trajectory of their lives. Really. I mean,

1:02:51.120 --> 1:02:52.880
<v Speaker 1>we don't know what would have happened with Gets, but

1:02:53.240 --> 1:02:54.520
<v Speaker 1>these four guys.

1:02:54.520 --> 1:02:58.240
<v Speaker 2>Yes, immeasurably. You can't tell me now. Again, odds weren't

1:02:58.280 --> 1:03:01.480
<v Speaker 2>great for kids from Housing Pride in the South Bronx

1:03:01.560 --> 1:03:04.360
<v Speaker 2>in nineteen eighty five, as Crack was getting there. However,

1:03:04.840 --> 1:03:08.960
<v Speaker 2>being shot does not help. Being brain damaged certainly did

1:03:08.960 --> 1:03:12.120
<v Speaker 2>not help del Kby's prospects, or being paralyzed from the

1:03:12.120 --> 1:03:14.800
<v Speaker 2>midchest down didn't help his prospects at all for his future.

1:03:15.320 --> 1:03:18.480
<v Speaker 2>All of them expressed or at least two expressed some interest,

1:03:18.520 --> 1:03:21.800
<v Speaker 2>some desire to move on from it all before the shooting,

1:03:21.800 --> 1:03:24.160
<v Speaker 2>to get out of the city, to move up to

1:03:24.240 --> 1:03:26.920
<v Speaker 2>just find a new life, and were sort of pulled

1:03:27.240 --> 1:03:30.520
<v Speaker 2>by the forces that got them there. But the four

1:03:30.560 --> 1:03:33.760
<v Speaker 2>of them and every figure attached to the case. I've

1:03:33.760 --> 1:03:36.960
<v Speaker 2>been talked about Greg Waples, the prosecutor who I interviewed

1:03:36.960 --> 1:03:39.120
<v Speaker 2>for the case for the book, too, and he felt

1:03:39.200 --> 1:03:42.240
<v Speaker 2>that it just he was one of the most seasoned

1:03:42.240 --> 1:03:45.360
<v Speaker 2>prosecutors in New York City and one of Robert Morgenthaw's

1:03:45.400 --> 1:03:48.600
<v Speaker 2>top lieutenants, and a great widely respected on all sides.

1:03:48.640 --> 1:03:51.120
<v Speaker 2>He just felt broken by the case. He felt that

1:03:51.560 --> 1:03:54.760
<v Speaker 2>the hate and the acrimony that came his way dogged

1:03:54.840 --> 1:03:56.480
<v Speaker 2>him for the rest of his career, and he was

1:03:56.640 --> 1:03:58.280
<v Speaker 2>just sort of trying to live his life and do

1:03:58.360 --> 1:04:01.800
<v Speaker 2>his job. And everybody who touched this case seemed to

1:04:01.800 --> 1:04:05.280
<v Speaker 2>really be brought down by accept the national figures who

1:04:05.400 --> 1:04:07.000
<v Speaker 2>sort of rose to prominence out of it, which is

1:04:07.080 --> 1:04:11.520
<v Speaker 2>Rudy Giuliani, who was the US Attorney and certainly used

1:04:11.520 --> 1:04:14.720
<v Speaker 2>it on his path to start him Al Sharpton. It

1:04:14.760 --> 1:04:18.760
<v Speaker 2>was his first big national story. Rupert Murdoch. Anything that

1:04:18.800 --> 1:04:21.560
<v Speaker 2>gave the New York Post something to glom Onto was

1:04:21.600 --> 1:04:24.120
<v Speaker 2>good for Rupert Murdock. And finally, the National Rifle Association

1:04:24.200 --> 1:04:29.080
<v Speaker 2>had just pivoted from being a hunting with Grandpa organization

1:04:29.680 --> 1:04:33.320
<v Speaker 2>to being a self defense and political advocacy organization, and

1:04:33.320 --> 1:04:36.200
<v Speaker 2>they funded his trial a little bit, given twenty thousand dollars.

1:04:36.640 --> 1:04:41.080
<v Speaker 1>So, finally, how do you think this specific story is framed?

1:04:41.320 --> 1:04:43.960
<v Speaker 1>Now we've heard a lot about the menindas brothers and

1:04:43.960 --> 1:04:45.960
<v Speaker 1>how it's been sort of reframed. Now that we have

1:04:46.080 --> 1:04:49.720
<v Speaker 1>all of this context, now, what do you think is

1:04:49.760 --> 1:04:50.600
<v Speaker 1>there a reframing.

1:04:50.720 --> 1:04:52.840
<v Speaker 2>I don't think there's a reframing, but there's a gentle

1:04:52.920 --> 1:04:55.479
<v Speaker 2>shift in how we think about these people. Many people

1:04:55.480 --> 1:04:56.800
<v Speaker 2>who I think might have been quick to think of

1:04:56.840 --> 1:04:59.080
<v Speaker 2>Bernard Gets as a hero in nineteen eighty four would

1:04:59.120 --> 1:05:01.760
<v Speaker 2>be more skeptical of him and his behavior in twenty

1:05:01.800 --> 1:05:05.120
<v Speaker 2>twenty six. I just think he's a more nuanced, complex

1:05:05.160 --> 1:05:08.760
<v Speaker 2>figure than the avenger who's standing up for us. And

1:05:08.800 --> 1:05:13.080
<v Speaker 2>I think the four victims would be seen as, Yeah,

1:05:13.280 --> 1:05:15.120
<v Speaker 2>they did bad things, and I am not going to

1:05:15.160 --> 1:05:21.000
<v Speaker 2>gloss over their misdeeds, particularly James Ramser's vicious sexual assault.

1:05:21.080 --> 1:05:24.120
<v Speaker 2>They committed awful crimes that hurt many people, but they

1:05:24.160 --> 1:05:27.480
<v Speaker 2>would be treated with a little bit more care than

1:05:27.760 --> 1:05:29.960
<v Speaker 2>certainly the media would have regarded them, or tried to

1:05:29.960 --> 1:05:32.400
<v Speaker 2>regard them in the early nineteen eighties, and just well,

1:05:32.440 --> 1:05:35.520
<v Speaker 2>this is far more complex and one of the epigraph

1:05:35.960 --> 1:05:37.680
<v Speaker 2>I always get the epi's wrong. I think it's the

1:05:37.760 --> 1:05:39.280
<v Speaker 2>quote at the beginning of the book. One of the

1:05:39.320 --> 1:05:41.439
<v Speaker 2>two that I use is from an old New York

1:05:41.520 --> 1:05:44.480
<v Speaker 2>State case, which is that the worst man in society

1:05:44.520 --> 1:05:47.280
<v Speaker 2>has every right to live in society as the best

1:05:47.280 --> 1:05:51.400
<v Speaker 2>man in society, regardless of his status. Right. And the

1:05:51.400 --> 1:05:53.120
<v Speaker 2>fact that you're sort of a shakedown artist and a

1:05:53.120 --> 1:05:55.160
<v Speaker 2>bad guy might mean that you should go to jail

1:05:55.200 --> 1:05:57.960
<v Speaker 2>for that, But that doesn't mean that a vigilante has

1:05:57.960 --> 1:06:00.280
<v Speaker 2>the right to just open fire on you because you

1:06:00.280 --> 1:06:02.520
<v Speaker 2>look at him funny, and that's kind of you know. Again,

1:06:02.920 --> 1:06:05.480
<v Speaker 2>I don't want to be too dismissive of Gatz, but

1:06:05.840 --> 1:06:06.880
<v Speaker 2>that's kind of what happened here.

1:06:18.480 --> 1:06:21.400
<v Speaker 1>If you love historical true crime stories, check out the

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<v Speaker 1>audio versions of my books The Sinners All Bow, The

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<v Speaker 1>Ghost Club, All That Is Wicked, and American Sherlock and

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<v Speaker 1>don't forget. There are twelve seasons of my historical true

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<v Speaker 1>This has been an exactly right production. Our senior producer

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<v Speaker 1>is Alexis m Rosi. Our associate producer is Christina Chamberlain.

1:06:47.320 --> 1:06:50.920
<v Speaker 1>This episode was mixed by John Bradley. Curtis Heath is

1:06:50.920 --> 1:06:55.920
<v Speaker 1>our composer. Artwork by Nick Toga. Executive produced by Georgia Hartstark,

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